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2016-09-20 City Council Agenda PacketCalifornia Public Records Act ("PRA"): In compliance with the PRA, the documents pertaining to agenda items, including attachments, which are presented to the City Council in open session are available for public inspection. They may be inspected during regular business hours in the Office of the City Clerk at Vernon City Hall, 4305 Santa Fe Avenue; Vernon, California 90058, no appointment necessary, and on the City’s website at www.cityofvernon.org. Americans with Disabilities Act (“ADA”): In compliance with the ADA, if you need special assistance to participate in the meeting, please contact the Office of the City Clerk at (323) 583-8811. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. Agenda City of Vernon Regular City Council Meeting Tuesday, September 20, 2016, 9:00 a.m. City Hall, Council Chamber 4305 Santa Fe Avenue Vernon, California William J. Davis, Mayor Yvette Woodruff-Perez, Mayor Pro-Tem Luz Martinez, Council Member Melissa Ybarra, Council Member Leticia Lopez, Council Member CALL TO ORDER & FLAG SALUTE CHANGES TO THE AGENDA PUBLIC COMMENT - At this time the public is encouraged to address the City Council on any matter that is within the subject matter jurisdiction of the City Council. The public will also be given a chance to comment on matters which are on the posted agenda during City Council deliberation on those specific matters. PRESENTATIONS 1. Oath & Appointment of Keith Allen as Director of Health and Environmental Control, City of Vernon 2. California Highway Patrol, “CHP “10851” Grand Theft Auto Recovery Award” presented to Police Officer Carlos Ourique Presented by: CHP Representative(s) and Vernon Police Department, Chief Daniel Calleros / / / / / / Regular City Council Meeting Agenda September 20, 2016 Page 2 of 10 3. Service Pin Awards for August 2016 NAME DEPARTMENT TITLE YEARS Scott R. Metz Fire Fire Engineer 15 Troy M. Durbin Fire Fire Engineer 15 James E. Espalin Fire Firefighter 15 Jason D. Rosa Fire Fire Engineer 15 4. Proclamation Declaring September 23rd as Vin Scully Day CONSENT CALENDAR - All matters listed on the Consent Calendar are to be approved with one motion. Items may be removed from the Consent Calendar by any member of the Council. Those items removed will be considered immediately after the Consent Calendar. Claims Against the City – Received and Filed 5. Claim for Damages from Arturo and Catalina Cerda-Roman received on September 12, 2016 in the amount of $10,000,000 Minutes – To be Received and Filed 6. Minutes of the Regular City Council Meeting held August 16, 2016 Warrant Registers 7. Ratification of the following City Warrant Registers to record the following voided checks: A. City Warrant Register No. 1454 to record voided Check No. 351968 in the amount of $5.00; and B. City Warrant Register No. 1455 to record voided Check No. 352188 in the amount of $1,169.00. 8. Approval of City Payroll Warrant Register No. 723, totaling $3,475,465.12, which covers the period of August 1 through August 31, 2016 and consists of the following: A. Ratification of direct deposits, checks and taxes totaling $2,419,796.80; and B. Checks and electronic fund transfers (EFT) totaling $1,055,668.32. 9. Approval of City Warrant Register No. 1456, totaling $1,638,890.86, which covers the period of August 30 through September 12, 2016, and consists of the following: A. Ratification of wire transfers totaling $1,041,213.64; and Regular City Council Meeting Agenda September 20, 2016 Page 3 of 10 B. Ratification of the issuance of early checks totaling $418,095.05; and C. Authorization to issue pending checks totaling $179,582.17; and D. Voided check No. 352239 totaling $39,017.07. 10. Approval of Light & Power Warrant Register No. 421, totaling $1,299,039.55, which covers the period of August 30 through September 12, 2016, and consists of the following: A. Ratification of wire transfers totaling $1,087,495.36; and B. Ratification of the issuance of early checks totaling $194,376.43; and C. Authorization to issue pending checks totaling $17,167.76. 11. Approval of Gas Warrant Register No. 209, totaling $28,594.69, which covers the period of August 30 through September 12, 2016, and consists of the following: A. Ratification of wire transfers totaling $26,250.00; and B. Ratification of the issuance of early checks totaling $2,344.69. Finance Department 12. Approval of a Services Agreement with Epic Land Solutions, Inc. for Infrastructure Valuation in accordance with GASB 34 and 51 Recommendation: A. Find that entering into a contract with an appraiser to provide infrastructure valuation services in accordance with GASB 34 and 51 is exempt under the California Environmental Quality Act (CEQA), because it is a continuing administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378. Even if such were a project, it would be exempt from CEQA review in accordance with Section 15061(b)(3), the general rule is that CEQA only applies to activities that may have a significant effect on the environment; and B. Approve and authorize the City Administrator to enter into a one year professional services agreement with Epic Land Solutions, Inc. (“Epic”), for an amount not to exceed $175,000.00, to perform infrastructure valuation in accordance with GASB 34 and 51. Fire Department 13. Approval of the Second Amendment to Agreement Number C-125491 of City of Los Angeles Contract between the City of Los Angeles and the City of Vernon in Connection with the Fiscal Year 2014 Urban Areas Security Initiative Grant Program Regular City Council Meeting Agenda September 20, 2016 Page 4 of 10 Recommendation: A. Find that approval of the amendment proposed is exempt from California Environmental Quality Act (“CEQA”) review, because it is a government fiscal activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Approve the Second Amendment to Agreement Number C-125491 of City of Los Angeles Contract between the City of Los Angeles and the City of Vernon in connection with the Fiscal Year 2014 Urban Areas Security Initiative (“2014 UASI”) grant program, in substantially the same form as submitted herewith, and authorize the Mayor to execute documents necessary to obtain additional grant funds. Due to a reallocation of 2014 UASI funds, the City of Los Angeles has approved and increased the City of Vernon’s grant funds by an additional $235,684.00. 14. Approval of First Amendment to Agreement Number C-127390 of City of Los Angeles Contract between the City of Los Angeles and the City of Vernon in Connection with the Fiscal Year 2015 Urban Areas Security Initiative Grant Program Recommendation: A. Find that approval of the amendment proposed is exempt from California Environmental Quality Act (“CEQA”) review, because it is a government fiscal activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Approve the First Amendment to Agreement Number C-127390 of City of Los Angeles Contract between the City of Los Angeles and the City of Vernon in connection with the Fiscal Year 2015 Urban Areas Security Initiative (“2015 UASI”) grant program and authorize the Mayor to execute all necessary documents. Due to a reallocation of 2015 UASI funds, the City of Los Angeles approved and decreased the City of Vernon’s grant funds by $70,000.00. Gas and Electric Department 15. Base Contract with Freepoint Commodities LLC for Sale and Purchase of Natural Gas (the “NAESB Contract”) Recommendation: A. Find that (a) the agreement between the City of Vernon and Freepoint Commodities LLC is not in reference to a “project” subject to the California Environmental Quality Act (“CEQA”) under Guidelines section 15378 because it involves the administrative activity of purchasing gas; and (b) even if this approval were a “project” subject to CEQA, the approval requested is exempt in accordance with CEQA Guidelines Section 15301(b), the general rule that CEQA only applies to projects that may have an effect on the environment because purchasing gas is purely a financial transaction, and any construction that may occur by a private party in the future in reliance on this approval would be subject to CEQA review by another governmental agency at that time when actual details of any physical proposal would be more than speculative; and Regular City Council Meeting Agenda September 20, 2016 Page 5 of 10 B. Authorize the Director of Gas & Electric (as per Resolution No. 9280) to execute the North American Energy Standards Board (“NAESB”) contract by and between the City of Vernon (“City”) and Freepoint Commodities LLC (“Freepoint”) for the purpose of buying and selling natural gas to or from Freepoint, in compliance with the general terms established in the agreement. Pursuant to Vernon Municipal Code § 2.17.12(A)(6), competitive bidding is not required because this is a contract for gas and/or electrical power for the city’s power utility, and it would be commercially unreasonable to procure the gas or electricity through standard bidding or request for proposal procedures. Human Resources Department 16. Adoption of City of Vernon Revised Personnel Policies and Procedures, Salary Plan Administration II-3 Recommendation: A. Find that approval of the proposed action is exempt from California Environmental Quality Act (“CEQA”) review, because it is an administrative maintenance activity that will not result in direct physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Adopt the revised Personnel Policy and Procedure, Salary Plan Administration Policy II-3 and incorporate it into the Personnel Policies and Procedures Manual; and C. Authorize the City Administrator and the Director of Human Resources to execute and distribute the above-referenced policy to all employees. 17. Adoption of City of Vernon Revised Personnel Policies and Procedures, Performance Evaluation IV-1 Recommendation: A. Find that approval of the proposed action is exempt from California Environmental Quality Act (“CEQA”) review, because it is an administrative maintenance activity that will not result in direct physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Adopt the revised Personnel Policy and Procedure, Performance Evaluation Policy IV-1 and incorporate it into the Personnel Policies and Procedures Manual; and C. Authorize the City Administrator and the Director of Human Resources to execute and distribute the above-referenced policy to all employees. / / / / / / Regular City Council Meeting Agenda September 20, 2016 Page 6 of 10 Police Department 18. Activity Log and Statistical Summary of Arrests and Activities for the period of August 16, through August 31, 2016, to be received and filed 19. Office of Traffic Safety Grant Agreement Recommendation: A. Find that granting authority to execute and submit the above-referenced agreement and related documents is exempt from California Environmental Quality Act (“CEQA”) review, because it is a continuing administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Authorize the City Administrator to execute an agreement between the City of Vernon and the Office of Traffic Safety, for participation in the Selective Traffic Enforcement Program (STEP) for the period of October 1, 2016 to September 30, 2017. Public Works, Water and Development Services Department 20. Building Department Report for the Month of August 2016 21. Acceptance of Electrical Easement at 4700 Alcoa Avenue (APN 6303-019-011) Recommendation: A. Find that the acceptance of the Electrical Easement proposed in this staff report is not a “project” as that term is defined under the California Environmental Quality Act (CEQA) Guidelines Section 15378, and even if it were a project, it would be categorically exempt in accordance with CEQA Guidelines Sections 15301 (maintenance, repair or minor alteration of an existing facility and involves negligible or no expansion of an existing use) and 15061(b)(3) (general rule that CEQA only applies to projects that may have a significant effect on the environment); and B. Accept the Electrical Easement and authorize the Mayor to execute the Certificate of Acceptance. 22. Acceptance of Work of Hoffman Management and Construction Corporation regarding Contract No. CS-0638 – Fire Department Regional Training Center, Phase 1 Recommendation: A. Affirm that accepting the work of Hoffman Management and Construction Corporation for the Fire Department Regional Training Center, Phase 1, Contract No. CS-0638 is consistent with the Initial Study and Negative Declaration prepared for this project pursuant to the provisions under the California Environmental Quality Act (CEQA) in accordance with Section 15063, which requires the lead agency to conduct an initial study to determine if the project may have a significant effect on the environment; and Regular City Council Meeting Agenda September 20, 2016 Page 7 of 10 B. Accept the work of Hoffman Management and Construction Corporation as part of the Fire Department Regional Training Center, Phase 1, Contract No. CS-0638, and authorize staff to submit for recordation a Notice of Completion for the project. 23. Purchase of Four Ford F Series Utility Vehicles (Three 2016 Ford F-250 Models and One 2015 Ford F-150 Model) Recommendation: A. Find that the proposed action is exempt from California Environmental Quality Act (“CEQA”) review, because purchasing supplies is an administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378. And even if such an action were a “project,” it would be exempt from CEQA review in accordance with CEQA Guidelines § 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Approve the purchase of four Ford F Series utility vehicles (three 2016 Ford F-250 models and one 2015 Ford F-150 model) for a cost of $148,467.30. 24. Contract Award for City Contract No. CS-0671: Fire Department Regional Training Center, Phase 2 Recommendation: A. Find that approval of the contract award for the Fire Department Regional Training Center Phase 2 is consistent with the Initial Study and Negative Declaration prepared for this project pursuant to the provisions under the California Environmental Quality Act (CEQA) in accordance with Section 15063, which requires the lead agency to conduct an initial study to determine if the project may have a significant effect on the environment; and B. Accept the bid proposal from FS Contractors, Inc. as the lowest responsive and responsible bidder and reject all other bids; and C. Approve and authorize the Mayor to execute a contract in the amount of $290,797.50 for the Fire Department Regional Training Center, Phase 2 (City Contract No. CS-0671); and D. Authorize a contingency of $39,000 in the event of an unexpected changed condition in the project and grant authority to the City Administrator to issue change orders for an amount up to the contingency amount. 25. Services Agreement with Jason Addison Smith (JAS Pacific) and Interwest Consulting Group for On-Call Building Plan Check and Inspection Services / / / / / / Regular City Council Meeting Agenda September 20, 2016 Page 8 of 10 Recommendation: A. Find that awarding of contracts for on-call plan check and inspection services to Jason Addison Smith (JAS Pacific) and Interwest Consulting Group 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 B. Enter into a three-year agreement with Jason Addison Smith (JAS Pacific) for an annual not-to- exceed amount of $65,000 per year, or grand total not-to-exceed amount of $195,000 for on-call plan check and inspection services; and C. Enter into a three-year contract with Interwest Consulting Group for an annual not-to-exceed amount of $65,000 per year, or grand total not-to-exceed amount of $195,000 for on-call plan check and inspection services. NEW BUSINESS City Administration Department 26. Approval of Special Event Agreement with the Huntington Park Area Chamber of Commerce for the 24th Annual “Sabor de Mexico Lindo Downtown Festival” Recommendation: A. Find that the approval of the proposed Special Event Agreement with the Huntington Park Area Chamber of Commerce is exempt from California Environmental Quality Act (“CEQA”) review, because it is a general administrative activity that will not result in direct or indirect physical changes in the environment and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378. Furthermore, even if it were a project, because such activity will not have any effect on the environment, this action would be exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Approve a Special Event Agreement with the Huntington Park Area Chamber of Commerce to co-host the “Sabor de Mexico Lindo Downtown Festival” scheduled for October 1 – October 2, 2016; and C. Authorize the City Administrator to sign the aforementioned Special Event Agreement with the Huntington Park Area Chamber of Commerce. City Clerk Department 27. A Resolution of the City Council of the City of Vernon Adopting a Master Conflict of Interest Code for the City of Vernon and All Agencies, Boards, and Commissions Affiliated with the City that Incorporates by Reference the Standard Model Conflict of Interest Code of the Fair Political Practices Commission and Repealing All Resolutions in Conflict Therewith Regular City Council Meeting Agenda September 20, 2016 Page 9 of 10 Recommendation: A. Find that approval of the proposed action is exempt from California Environmental Quality Act (“CEQA”) review, because it is a continuing administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Approve resolution adopting the changes to the Master Conflict of Interest Code for the City of Vernon and all affiliated agencies, boards and commissions, which incorporates all recommendations from the various affiliated City of Vernon governing bodies and City staff review effective immediately; and C. Repeals all other existing Conflict of Interest Codes for the City of Vernon and all other City of Vernon affiliated governing bodies. ORAL REPORTS 28. City Administrator Reports – brief reports on activities and other brief announcements by the City Administrator and Department Heads. 29. City Council Reports – brief AB1234 reports, or report on: activities, announcements, or directives to staff. CLOSED SESSION 30. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (2) Government Code Section 54956.9(a) A. Name of Case: City of Vernon vs. Citigroup Energy Inc., et al. United States District Court Southern District of New York Case No. CV16-2405 B. Name of Case: Jerrick Torres and Lyndon Ong Yiu vs. City of Vernon, et al. Los Angeles Superior Court Case No. BC620265 31. PUBLIC EMPLOYMENT Government Code Section 54957(b)(1) Title: Director of Human Resources / / / / / / Regular City Council Meeting Agenda September 20, 2016 Page 10 of 10 32. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation. Government Code Section 54956.9(b)(1) Number of potential cases: 1 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 15th day of September 2016. By: ________________________________ Maria E. Ayala City Clerk RECEIVED AUG 2 9 20t6 CITY CLERl{'S OFFICE RECEIVED AUG 2 2 2016 CITY ADMINISTRATION STAFF REPORT &g-zq-'' VERNON POLICE DEPARTMENT DATE: TO: FROM: RE: September 20, 2016 Ilonorable Mayor and Council Members Daniel Calleros, Chief of Police ?t-' Award Presentation Recommendation The Vemon Police Departuent (VPD) in conjunction with a representative from the Califomia Highway Patrol (CHP) will conduct a presentation for the recipients of the CHP '10851" Grand Theft Auto Recovery Award. Background The "l085l" Grand Theft Auto Award is named after the Califomia Vehicle Code section pertaining to motor vehicle theft. This award is sponsored in collaboration between by the CHP and AAA lnsurance, and recognizes police officers throughout Califomia who have been proactive in recovering stolen vehicles and apprehending criminals involved in auto theft. The 10851 pin is awarded to uniform officers who during a l2-month period achieve any of the following criteria: 1 . Made six separate auto theft recoveries cleared by arrests. 2. Recover twelve (12) stolen vehicles, ofwhich a minimum ofthree (3) must be cleared by arrests. Vernon Police Officer Carlos Ourique has achieved this benchmark. Officer Ourique is proactive in auto theft investigations as well as in conducting auto theft related arrests. Given the very specific requirements for zuch award, very few officers ever achieve this type of recopition. Fiscal Imoact There is no fiscal impact. Attachment(s) None RECEIVED SEP O E 2016 CITY CLERK'S OFFICE RECEIVED sEP 0 7 20,6 DATE: TO: FROM: R.E: September 20,2016 Honorable Mayor and City Council Lisefte Michel Grizzelle, Interim Human Resources Oi.".to";hV(h Originator: VeronicaAvendano, Administrative Secretary w Senice Pin Awards for August 2016 RecommendationA. City Council to present sewice pins to those employees hired in Augus. Background Submitted herewith lists the employees who are eligible to receive their service pin based on the number of service years with the City of Vemon. Fiscal Imoact None. Attachment(s) I . August 20 I 6 Service Pin employee list. Page 1 of I eoizzF'FoFpo3o!-nanrc ,lo5\JC U)aoN (r,Ft!r!lhzan 'il o a ln o -n o rt -t tr1z.l o rna 0a t!t! o 0! o o r'1 ol) 3.DID '' @ ce o(n .l -t-t! poO @ NJoo l'.Joo @ tJo r'1 a RECEIVED s P 14 e0l6 0ifix,OitffiffiCItrl0E STAFF REPORT CITY ADMINISTRATION DATE: TO: FROM: RE: September 20, 2016 Honorable Mayor and City Council Carlos R. Fandino Jr., City Administrator @ q- rq-R, Originator: Lilia Hernandez, Executive Assistant to the City Administrator A Proclamation Declaring September 23, 2016 as 'Vin Scully Day' Bss@ A. Approve a proclamation declaring September 23,2016 as *Vin Scully Day" to honor Vin Scully's contributions to baseball. Backsround Dodger Hall of Fame broadcaster Vin Scully joined the Brooklyn Dodgers' broadcast team in 1950. His tenure with the Dodgers organization of 66 consecutive years is the longest of any sports broadcaster with one team. 2016 marks Mr. Scully's 67'h and final season with the Los Angeles Dodgers. Throughout his career, Mr. Scully has received many recognitions for his dedication and contributions to baseball. Most notably, in 1932, Mr. Scully was inducted into the Broadcaster's wing of the National Baseball Hall of Fame as a recipient of the Ford C. Frick Award. ln 2000, the American Sportscasters Association (ASA) elected Mr. Scully as the top sportscaster of the 20'h century in a vote by more than 500 national members of the organization. Ten years later, the ASA also put his name atop the list of the 50 greatest to ever sit behind a microphone. In 2001, the Los Angeles Dodgers named the press box at Dodger Stadium in Mr. Scully's honor. In 2008, Mr. Scully was inducted into the Sports Broadcasting Hall of Fame as well as the Califomia Spo(s Hall of Fame. That same year, he received the Art Gilmore Career Achievement Award lrom Pacific Pioneers Broadcasting and also received an honorary Doctor of Law degree from Pepperdine University. Page tof 2 In 2014, Mr. Scully was presentd with the Commissioner's Historic Achievement Award, which was created in 1998 to recognize accomplishments and contributions of historical sigrihcance. The Dodger broadcaster isjust the second non-player to receive this honor. Most recently, in April 2016, the Los Angeles City Council voted unanimously to change the street leading to Dodger Stadium's main entrance from Elysian Park Avenue to Vin Scully Avenue. In addition to his Dodger broadcasts, the legendary broadcaster has called play-by-play for National Football League games and Professional Golt'ers' Association Tour events, as well as play-by-play tbr Major League Baseball's Came of the Week, World Series Games and All-Star Games. In all, he has called 25 MLB World Series and l2 MLB All-Star Games. Commonly referred to as the ''Voice of the Los Angeles Dodgers," Mr. Scully will retire Iiom broadcasting when the Dodgers' regular season ends this October. It is most appropriate that we recognize the accomplishments of Vin Scully and honor his contributions to baseball by declaring September 23,2016 as "Vin Scully Day" in the City of Vemon. The proclamation will be presented to Mr. Scully at Dodger Stadium on Friday, Septunber 23, 2016. Fiscal Imoact There is no cost associated with this item. Attachment(s) None. Page 2 of2 A PROCI}IMATION OF TIIE MAYOR AND TIIE CITY COANCIL OF TIIE crTy oF I/ERNoN DECLARTNG SEPTEMBER 23, 2016, AS WN SCULLY DAY W'IIE&EAS, Dodger Hall ofFane bmadca er Vin Sa@ ntuns in 20l5lor bi: mpnrdenled 67h andfnal seasot witb thc l--os Atgelu DodSers orSaniqation; and \V/HEKE4S, in tbc Dodger bmadtast boolb incc 1950, and connot! nJcnzd to as tbc '"ltoin oflbc l-ns Arychs Dodgcn," Vir Sn@'s 661ears of cotscctttiw scniu uitb thc Dodgcrs i rhe loryest oJary gnr* bmafua cr nitb one hatt; azd WHEREAS, Vin Soi! bat aclticwd a bst of acnnpl nents, awards, ocalodcs, and nco2nilion. Hc bas bccn indtclcd into lhe Bruo*a crs'ntngof tlx Bauball Holl of Fan4 and into the Sports Bmabasting Hall of Fane, at vcll a: Califonia't Sportr Hall of Fane. Tbe Aneican Sporttcasters Asndation has plaad hin arop its lrt of 50 Gnatei Bmabaturs and, in 2000, runed hin tlte toP tPorlscaskr of e 2Ob Cefiiry; atd WHEBEAS, lhc pnss box at Dod4er Stadirm n'at named in Wn Sol!! horor ard thc shzel leading to Dodger Stadim's mair entratce aas nnamed Vin Scal! Awnrc; and IY/HERE 45, in addition to his Dodger bmodrasts, tbe hgcndary bmadcarhr bar callcd plE @ plEfor Natiotal Football L.e agte gonu a Pmfessional Golfcrs' Asotiaion Torr cwnk, as uell as plE-fu-plE for Malor Le agac Baseball's Gaxtc of tbe V/eek, World Sciu Gamcs aad All-S tar Gazcs. In all, bc bas allcd 25 Ml-B lYorld Scriu and 12 MLB All-Star Ganes; ond lyHEkE4S, il is rrron Epmpridh that tbe Ci4' of [/synn ncognii.e thc occomplitbnc t of Vin Safi ond bonor bk cotttib ions to bueball @ dcclzring Sqnnbcr 2), 2016, as'"I/in Srulb,DaJ"h the G0 of Ve on; and ly/HEkEAS, thc Mayr and tbe CiE Corncil of the Cig ol l/cnon, oz bcha{ of its cnplgccs, nsidrnts atd buinesvlpi u to nmmetd and lha* Vin Snl!1Jor b* oufitanding anrribstion to balcball and iruite nmgnitiott of his nnnibxtionr and achiruemmts. NOIY, T'IIEREFORE, THE MAYOR AND THE CITY COUNCIL OF THE C]-ry OF I4RNON, ON BEHAI,T; OF TS EMPLO'EES, REJIDENTJ,IND EUJINEJJEJ, HEREBY DECLAKES SEPTEMBER2), 2016, AS WN SCULLY DAY. THIS PROCL.AMATTON IJ BEING PKESENTED TO WN SCLA.LY BY ME HONOBABLE MAYOR WLL-.IAM J. DA|4S FOR AND ON BEHAI_F OF TIIE CITY COUNCIL OF mE CITY OF TZRNON THIJ 201}I DAY OF SEWEMBER" rulo T'I]OUS-AND AND SIXTEEN. CTTy OF I,?RNON lV/illian J. Datis, Malor B1 CLAIM FOR DAMAGES TO PERSON OR PROPERTY VERNON Arturo and Catalina Cerda-Roman RESERVE FOR CLAIM No. FILING STAMP 1. 2. 3. 4. 5. 6. 7. INSTRUCTIONS property must be filed not later Code Sec 9112) d not laterthan one ('l) Year t EACH SHEET RECEIVED sEP r 2 2016 CITYCLERK'S OTFICE 50 Address Give address to which you desire notices or communications to be sent regarding this Girardi Keese, 1126 Wilshire Blvd., Los Angeles, CA 90017 How did OAMAGE or INJURY occur? Givefull particulars. A white tractor trailer (traveling westbound on East 37th Street, Claimants' son's vehicle (traveling northbound on South Santa killing Claimants' son. a one-way street) crashed into Fe Avenue, a two-way street), Vvhen did DAMAGE or INJURY occur? Give full particulars, date' time of day, etc : April 30, 2016 at 3:00 a.m. approximale, give street names and address and measurements from landmarks: lntersection of South Santa Fe Avenue and East 37th Street, Vernon, CA 90058 VVhat partrcutarACT or OMISSION do you claim causedthe injury ordamage? Grvenamesof Cityemployees, if any, causing the rnJury or damage, if known The cond lon of tho roeds in thls pan ol V6mon Ere dang6rcu3, EesN 37th Stled abaupt y fums into a orE-vay aueel betwecn SoJ[l Senta Fo Avsiuo end Sevilo Ave East 37th Str6et then tums back into a two-iay street aner crossing South Santa Fe Avenuo lrom th€ West The hie6eclion of Easl 37lh Stre€l and South Santa Fe Avenue rs not perpondicutar. as lhe len hn; on Easl 37lh Slroei musl tum len, End lhe lanes are packed in tiohl, especially fot e ll'cto.'lrailer. Finaity,lhe buitdrngs on erther;de ol East 3?th Slreer greally obstrucl lhe vies ol drivets as to the tramc as lh€y epproach Souli Santa Fe Avonue Vvhat DAMAGE or tNJURIES do you claim resulted? Give full extent of iniuries or damages claimed: Claimants' son was killed when a white tractor trailer (traveling westbound on East 37th Street, a one-way street) crashed into Claimants'son's vehicle (traveling northbound on South Santa Fe Avenue, a two-way street). VvhatAMOUNT do you claim of each item of injury ordamage as of date of presentation of thisclaim, giving basisof computation: $10,000,000 basisof compulation $500,000 - loss of support of son \r1/e payrnents received: State Farm Expenditures made on account of accident or lnjury: (Date - ltem) Funeral expenses (Amount) $25,000 Name and address of Witnesses, Doctors and Hospilals: Francisco Acuna Alvarado - 103 Tobias Avenue, Van Nuys, CA 91402 READCAREFULLY For a accident claims place on following diagram names ot streets, including Norlh, East. South, and West: indicato place of accident by "X" and by shot\ring house numb€rs or distances to street comers lf Citv Vehicle was lnvolved. desionate bv letter'A" location of City vehicle when you first saw it, and by "B" localion of yourself or vour v6hicte when vou first saw CiE vehicla: tocatron of Citv vehicle at trme of accident by'A-1"and location of youGelf or your veliicle al the trme ofaccident by "8 i" and the point of lmpdct by "X " NOTE:lf diagrams do not fit the situation, attach hereto a proper diagram signed by claimant. L t_l L_ 7 ct. PEN CODE SEC 72) CLAIMS MUST BE FILEDWTII CITY CLERK (GOV COOE SEC 9l5a) STATE LAW PROVIDES THAT lF YOU ARE NOT NOTIFIEO OF ANY ACTION BY THE CITY OF Tllls CLAIMWTHIN ils oaYs oF FILING THEN THE CLAIM lS oEEMEO DENIEo (SEE GOV COOE SEC 911 6 & 912 a) *_ ,.," under Name James G. O'Callahan that the retaionsriffia"' FOR AUTOMOBILE ACCIDENTS MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, AUGUST 16, 2016, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Davis, Woodruff-Perez, Martinez, Ybarra, and Lopez MEMBERS ABSENT: None The meeting was called to order at 9:00 a.m. by Mayor Davis; Mayor Pro-Tem Woodruff-Perez led the flag salute. CHANGES TO THE AGENDA City Clerk Maria Ayala announced the agenda addendum that had been issued; and that Item No. 28 would be taken at the end of the Presentations section of the Agenda. PUBLIC COMMENT Mayor Davis 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. Sandra Rivera Orozco, Southeast Political Activist, announced that she was elected Democratic Woman of the Year for Assembly District 63. Ms. Orozco congratulated the Vernon Police Department and Police Chief Daniel Calleros on outstanding service and professionalism. PUBLIC HEARING 1. Public Hearing on the Adoption of Amended Water Rate Schedule Resolution No. 2016-48 - A Resolution of the City Council of the City of Vernon Adopting a Revised Schedule of Water Rates Recommendation: A. Conduct a Public Hearing and receive testimony regarding the adoption of the proposed Water Rate Schedule; and B. Find that the proposed action is statutorily exempt from the California Environmental Quality Act (“CEQA”) review, in accordance with CEQA Guidelines 15273, because CEQA does not apply to the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, and other charges by public entities done for the purpose of meeting operating expenses, including employee wage rates and fringe benefits, purchasing or leasing supplies, Regular City Council Meeting Minutes August 16, 2016 Page 2 of 12 equipment, or materials and obtaining funds for capital projects, necessary to maintain service within existing service areas; and C. Approve and authorize a Resolution of the City Council of the City of Vernon Adopting a Revised Schedule of Water Rates. Director of Public Works, Water and Development Services Derek Wieske reported on the proposed. Director Wieske noted that there was one letter of concern received. Councilmember Ybarra inquired about the content of the letter received. Director Wieske explained that the letter was from Farmer John, inquiring whether or not rates would decrease after the capital improvements plan was completed. Director Wieske further explained that he did not anticipate a rate reduction after the project was completed, suggesting an updated rate study be done in the future. Mayor Davis opened the public hearing at 9:12 a.m. No public testimony provided. Mayor Davis closed the public hearing at 9:12 a.m. It was moved by Martinez and seconded by Ybarra to approve Resolution No. 2016-48. Motion carried, 5-0. ORDINANCE 2. Ordinance No. 1236 - An Ordinance of the City Council of the City of Vernon Amending Section 17.16 to Chapter 17 of the Vernon Municipal Code to Modify and Clarify Rules and Regulations for Camping within the City of Vernon and Repealing all Ordinances or Parts Thereof in Conflict Therewith (second reading) Recommendation: A. Find that this Ordinance is exempt from California Environmental Quality Act ("CEQA") review, because the action proposed is administrative and related to general policy that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Adopt ordinance amendment to Section 17.16 of Chapter 17 of the Vernon Municipal Code to 1) modify and clarify the language in the Camping Ordinance, and 2) encompass, among other situations, camping in recreational vehicles. Police Chief Daniel Calleros reported on the proposed. It was moved by Woodruff-Perez and seconded by Ybarra to approve Ordinance No. 1236. Motion carried, 5-0. Regular City Council Meeting Minutes August 16, 2016 Page 3 of 12 PRESENTATIONS 3. Eco-Rapid Transit Project Update Presented by: Mike Kodama, Executive Director, Eco-Rapid Transit Director Wieske gave a brief introduction of Mike Kodama, Executive Director, Eco-Rapid Transit. Mr. Kodama provided a PowerPoint Presentation. 4. Service Pin Awards for July 2016 Presented by: Lisette Grizzelle, Senior Human Resources Analyst NAME DEPARTMENT TITLE YEARS Ernesto A. Smith City Administration/IT Division Information Technology Manager 10 Senior Human Resources Analyst Lisette Grizzelle presented the service pin to Ernesto Smith, who was in attendance. 28. Public Safety Director Presented by: Lisette Michel Grizzelle, Senior Human Resources Director Woodruff-Perez explained that this presentation was intended to be exploratory and nothing had been decided. Senior Human Resources Analyst Lisette Grizzelle provided the oral report. Councilmember Ybarra and Mayor Pro-Tem Woodruff-Perez had various questions and concerns about the Public Safety Director position and the current structure of the Fire and Police Departments. Analyst Grizzelle, Police Chief Calleros, and Fire Chief Michael Wilson addressed all questions and concerns Regular City Council Meeting Minutes August 16, 2016 Page 4 of 12 Mayor Pro-Tem Woodruff-Perez made the condition that if management issues are addressed in the Fire Department, she would discontinue the potential idea of a Public Safety Director and proceed with the recruitment of a Fire Chief. City Administrator Carlos Fandino acknowledged his responsibilities with management and City operations. He requested formal guidance on the recruitment. Council reached a consensus to direct the City Administrator to begin recruitment for a Fire Chief. John Van de Kamp, Independent Council, wanted to know if the information presented could be distributed; and commended the Council on looking into possible restructuring and different avenues. CONSENT CALENDAR It was moved by Ybarra and seconded by Martinez to approve all matters listed under the Consent Calendar under one motion as presented. Motion carried, 5-0. Claims Against the City – Received and Filed 5. Claim for Damages from Jose Alfredo Urbina received on August 1, 2016 in the amount of $200 Minutes – To be Received and Filed 6. Minutes of the Regular City Council Meeting held August 2, 2016 Warrant Registers 7. Approval of City Payroll Warrant Register No. 722, totaling $3,167,197.10, which covers the period of July 1 through July 31, 2016 and consists of the following: A. Ratification of direct deposits, checks and taxes totaling $2,237,445.03; and B. Checks and electronic fund transfers (EFT) totaling $929,752.07. 8. Approval of City Warrant Register No. 1454, totaling $1,760,724.37, which covers the period of July 26 through August 8, 2016, and consists of the following: A. Ratification of wire transfers totaling $1,130,305.91; and B. Ratification of the issuance of early checks totaling $477,470.07; and C. Authorization to issue pending checks totaling $152,948.39. Regular City Council Meeting Minutes August 16, 2016 Page 5 of 12 9. Approval of Light & Power Warrant Register No. 419, totaling $1,514,090.85, which covers the period of July 26 through August 8, 2016, and consists of the following: A. Ratification of wire transfers totaling $1,383,297.98; and B. Ratification of the issuance of early checks totaling $69,614.60; and C. Authorization to issue pending checks totaling $61,178.27. 10. Approval of Gas Warrant Register No. 207, totaling $170,772.93, which covers the period of July 26 through August 8, 2016, and consists of the following: A. Ratification of wire transfers totaling $149,905.00; and B. Ratification of the issuance of early checks totaling $20,867.93. Fire Department 11. Activity Report for the period of June 16 through June 30, 2016 12. Activity Report for the period of July 1 through July 15, 2016 13. Activity Report for the period of July 16 through July 31, 2016 Gas and Electric Department 14. Contract for Electric Service (No. 16-DSR-12650) and Amended and Restated Implementation Agreement (No. 95-PAO-10616) among the City of Vernon, the Bureau of Reclamation, and Western Area Power Administration Recommendation: A. Find that (a) the Contract for Electric Service (No. 16-DSR-12650) and Amended and Restated Implementation Agreement (No. 95-PAO-10616) among the City of Vernon, the Bureau of Reclamation, and Western Area Power Administration is not in reference to a “project” subject to the California Environmental Quality Act (CEQA) under Guidelines section 15378 because it involves the administrative activity of extending an existing contract for purchase of electricity; and (b) even if this approval were a “project” subject to CEQA, the approval requested is exempt in accordance with CEQA Guidelines Section 15301(b), the general rule that CEQA only applies to projects that may have an effect on the environment because the purchase of electricity is purely a financial transaction, and any construction that may occur by a private party in the future in reliance on this approval would be subject to CEQA review by another governmental agency at that time when actual details of any physical proposal would be more than speculative; and Regular City Council Meeting Minutes August 16, 2016 Page 6 of 12 B. Approve the Contract for Electric Service (No. 16-DSR-12650) and Amended and Restated Implementation Agreement (No. 95-PAO-10616) among the City of Vernon, the Bureau of Reclamation, and Western Area Power Administration, for the purpose of purchasing federally generated hydropower from the Hoover Power Plant from October 1, 2017 through September 30, 2067; and C. Authorize the City Administrator to execute the Contract for Electric Service (No. 16-DSR-12650) and Amended and Restated Implementation Agreement (No. 95- PAO-10616). Police Department 15. Activity Log and Statistical Summary of Arrests and Activities for the Period of July 16, through July 31, 2016, to be Received and Filed 16. Federal Equitable Share Agreement and Annual Certification Report Recommendation A. Find that granting authority to execute and submit the above-referenced agreement and related documents is exempt from California Environmental Quality Act (“CEQA”) review, because it is a continuing administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Authorize the Police Chief and City Administrator to execute the Federal Equitable Share Agreement and Annual Certification Report on behalf of the City of Vernon. Public Works, Water and Development Services Department 17. Building Department Report for the Month of July 2016 NEW BUSINESS City Administration Department 18. Resolution No. 2016-49 - A Resolution of the City Council of the City of Vernon Appointing Lisette Grizzelle to Serve as the Interim Director of Human Resources of the City of Vernon Recommendation: A. Find that appointment of Lisette Grizzelle as the Interim Director of Human Resources is exempt from California Environmental Quality Act (“CEQA”) review, because it is a general administrative activity that will not result in direct or indirect physical changes in the environment and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378. Furthermore, even if it Regular City Council Meeting Minutes August 16, 2016 Page 7 of 12 were a project, because such activity will not have any effect on the environment, this action would be exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Adopt the attached resolution appointing Lisette Grizzelle to serve as the Interim Director of Human Resources effective August 18, 2016. City Administrator Fandino reported on the proposed. Councilmember Ybarra inquired if this was a new recruitment or would potential candidates be taken from the finalist pool from the last recruitment. City Administrator Fandino explained that the Hawkins Group assisted with the original recruitment and he was working with them. Ybarra inquired if outside recruitment of an Interim Director was feasible. City Administrator Fandino responded that the hiring of a Director would be expedited if the Interim position was appointed internally. It was moved by Ybarra and seconded by Lopez to approve Resolution No. 2016-49. Motion carried, 5-0. 19. 24th Annual “Sabor de Mexico Lindo Downtown Festival” Recommendation: A. Find that the approval of the City of Vernon’s partnership with the Greater Huntington Park Area Chamber of Commerce to co-host the “Sabor de Mexico Lindo Downtown Festival” is exempt from California Environmental Quality Act (“CEQA”) review, because it is a general administrative activity that will not result in direct or indirect physical changes in the environment and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378. Furthermore, even if it were a project, because such activity will not have any effect on the environment, this action would be exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Approve the City of Vernon’s partnership with the Greater Huntington Park Area Chamber of Commerce to co-host the “Sabor de Mexico Lindo Downtown Festival” located in Vernon on Pacific Blvd., between Leonis Blvd. and Santa Fe Ave. The festival is scheduled for September 30 – October 2, 2016. City Administrator Fandino introduced Leticia Martinez, Executive Director/CEO, Huntington Park Chamber of Commerce. Ms. Martinez provided a brief overview of the “Sabor de Mexico Lindo Downtown Festival”. Regular City Council Meeting Minutes August 16, 2016 Page 8 of 12 Councilmember Ybarra, Councilmember Lopez and Mayor Davis had questions and concerns regarding security, parking, street closures, and the venue decision. Police Chief Calleros, City Administrator Fandino, Ms. Martinez, and Director Wieske responded to all of the questions and concerns brought up by Council. Public Comment Fred MacFarlane, Senior Advisor to the City Administrator, stated that it was refreshing that the City Council would consider this event and the various media coverage would be great for the City. Ms. Orozco stated that this was a positive event for the community and she was excited for the City of Vernon participating in this event. It was moved by Woodruff-Perez and seconded by Ybarra to approve the City of Vernon’s partnership with the Greater Huntington Park Area Chamber of Commerce to co-host the “Sabor de Mexico Lindo Downtown Festival”. Motion carried, 5-0. Finance Department 20. Authorization to Enter into a Contract with PFM Financial Advisors LLC (PFM) for Financial Advisory Services for Fiscal Years 2017 through 2019 Recommendation: A. Find that entering into a contract with PFM Financial Advisors LLC (PFM), a registered advisor to provide financial advisory services is exempt under the California Environmental Quality Act (CEQA). The scope of the work to be performed is a continuing administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378. In addition, even if was determined to be a project, it would be exempt from CEQA review in accordance with Section 15061(b)(3), the general rule is that CEQA only applies to activities that may have a significant effect on the environment; and B. Authorize the City Administrator to execute a three year professional services agreement for fiscal years 2017 through 2019, with PMF Financial Advisors LLC, to perform financial advisory services. Find that the agreement is exempt from competitive selection based on the determination that it is in the best interest of the City to approve a direct award of the contract pursuant to City Code Article IV Section 2.17.12(B)(2) based upon PFM’s firm expertise and technical merit. (The proposed contract is exempt from competitive bidding pursuant to City Code Article IV Section 2.17.12(A) (10), referring to contract for professional services.) Director of Finance William Fox reported on the proposed. Regular City Council Meeting Minutes August 16, 2016 Page 9 of 12 Ybarra wanted to know why the dollar amount for the agreement was chosen. Director Fox explained that the money allocated is used as a buffer and if the money is not spent it goes back to the City. It was moved by Ybarra and seconded by Martinez to authorize the City Administrator to execute a three year professional services agreement for fiscal years 2017 through 2019. Motion carried, 5-0. Fire Department 21. Approval of Services Agreement with Kalmikov Enterprises, Inc. DBA Fire Apparatus Solutions for Fire Apparatus Mechanic Services Recommendation: A. Find that approval of the proposed services agreement for Fire Apparatus Mechanic Services exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Accept the proposal of Kalmikov Enterprises, Inc. dba Fire Apparatus Solutions, as the lowest responsive and responsible bidder and enter into a three-year service contract, effective July 1, 2016, for an amount not to exceed $405,000.00, for Fire Apparatus Mechanic Services; and C. Reject all other proposals. Fire Chief Wilson reported on the proposed. It was moved by Ybarra and seconded by Martinez to accept the proposal of Kalmikov Enterprises, Inc. dba Fire Apparatus Solutions and reject all other proposals. Motion carried, 5-0. Health and Environmental Control Department 22. Approve and Authorize Amendment No. 2 to the Services Agreement for Solid Waste Consulting Services with MSW Consultants, Inc. for a Ninety (90) Day Extension Recommendation: A. Find that approval of the proposed ninety (90) day extension of the Solid Waste Consulting Services Agreement with MSW Consultants, Inc. is exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and Regular City Council Meeting Minutes August 16, 2016 Page 10 of 12 B. Find that, pursuant to Council’s authority under Vernon Municipal Code § 2.17.12(B)(2) and for reasons set forth in this staff report, “the best interests of the City are served by a direct award (extension) of the contract without a competitive selection process”; and C. Approve and authorize the execution of Amendment No. 2 for a ninety (90) day extension of the Solid Waste Consulting Services with MSW Consultants, Inc. and the City of Vernon Health and Environmental Control Department with cumulative costs that will not exceed the current contract’s maximum yearly total of $260,000, and commencing November 1, 2016 and not to exceed ninety (90) days. Interim Director of Health and Environmental Control Lewis Pozzebon reported on the proposed. Ybarra asked if an RFP had been started. Interim Director Pozzebon stated that it has been drafted but not posted, should be done before the new Director is hired. It was moved by Woodruff-Perez and seconded by Ybarra to approve the approve and authorize the execution of Amendment No. 2 for a ninety (90) day extension of the Solid Waste Consulting Services with MSW Consultants, Inc. Motion carried, 5-0. Public Works, Water and Development Services Department 23. Approval of a Funding Agreement for the Atlantic Boulevard Bridge Rehabilitation and Widening Project between the City of Vernon and the Los Angeles County Metropolitan Transportation Authority Recommendation: A. Find that the approval of the proposed Funding Agreement is consistent with the Initial Study/Mitigated Negative Declaration prepared for this project by the City of Vernon pursuant to the provisions under the California Environmental Quality Act (CEQA) in accordance with Section 15063; and B. Approve the Measure R Funding Agreement between the City of Vernon and the Los Angeles County Metropolitan Transportation Authority, for the Atlantic Boulevard Bridge Rehabilitation and Widening Project, Federal Project No. DBPL02-5139(010); and C. Authorize the Mayor to execute the funding agreement. Director Wieske reported on the proposed. Public Comment Regular City Council Meeting Minutes August 16, 2016 Page 11 of 12 Mr. Van de Kamp wanted to know the additional financial commitment for the City. Director Wieske stated that the local match would be $879,000. Director Wieske stated only design funding has been allocated and not construction funding. It was moved by Ybarra and seconded by Martinez to approve the Measure R Funding Agreement and authorize the Mayor to execute the funding agreement. Motion carried, 5-0. ORAL REPORTS 24. City Administrator Reports – brief reports on activities and other brief announcements by the City Administrator and Department Heads. Police Chief Daniel Calleros reported on the following: Police chase in the City of Maywood, suspect taken into custody; August 13th trespassing in vacant building on 2600 block of 26th street; 4500 block of District Boulevard carjacking; and a checkpoint this Friday, August 19th. Police Captain Michael Gillman reported vandalism on the 2700 block of Santa Fe Boulevard. Fire Chief Mike Wilson gave a brief update on the 2 new fire engines. Director of Public Works, Water and Development Services Derek Wieske reported on the following: street crews cleaning curbs and weeded; development project on Alameda; tour of the Amazon facility; additional CR Laurence building in the City; planned resolution of opposition for Measure M. Director of Gas and Electric Kelly Nguyen gave a brief overview of the the contract approved in the consent calendar. Interim Director of Human Resources Lisette Grizzelle welcomed Director Nguyen to the City. City Administrator Fandino welcomed Director Nguyen to the City of Vernon family and Gas and Electric family, and briefly mentioned the Sabor de Mexico event and Health Director interviews. 25. City Council Reports – brief report on activities, announcements, or directives to staff. No reports provided. Mayor Davis recessed the meeting at 10:56 a.m. and reconvened at 11:04 a.m. CLOSED SESSION At 11:04 a.m., the City Council entered into closed session to discuss the following agendized items: 26. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (2) Government Code Section 54956.9(a) Regular City Council Meeting Minutes August 16, 2016 Page 12 of 12 A. Name of Case: City of Vernon vs. Citigroup Energy Inc., et al. United States District Court Southern District of New York Case No. CV16-2405 B. Name of Case: Jerrick Torres and Lyndon Ong Yiu vs. City of Vernon, et al. Los Angeles Superior Court Case No. BC620265 27. PUBLIC EMPLOYMENT Government Code Section 54957(b)(1) Title: Director of Health and Environmental Control At 11:26 a.m. the City Council recessed for lunch. At 12:30 p.m. closed session was reconvened. At 1:53 p.m. the City Council exited closed session. City Attorney Hema Patel announced that there was no reportable action from closed session. 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Wilson,Fire cni* il.h)/ag Originator: Adriana Ramos, Administrative Secretary Approval of the Second Amendment to Agreement Number C-125491 of City of Los Angeles Contract between the City of Los Angeles and the City of Vernon in Connection with the Fiscal Year 2014 Urban Areas Security Initiative Grant Program CITY @ Recommendation A. Find that approval of the amendment proposed is exempt from Califomia Environmental Quality Act C'CEQA) review, because it is a government fiscal activiry that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Approve the Second Amendment to Agreement Number C-125491 of City of Los Angeles Contract between the City of Los Angeles and the City of Vemon in connection with the Fiscal Year 2014 Urban Areas Security Initiative ("2014 UAS$ grant program, in substantially the same form as submitted herewith, and authorize the Mayor to execute documents necessary to obtain additional gant funds. Due to a reallocation of 2014 UASI funds, the City of Los Angeles has approved and increased the City of Vernon's grant firnds by an additional $235,684.00. Backsround On March 3, 2015, the City Council of the City of Vemon adopted Resolution No. 2015-l I approving participation in the 2014 UASI grant progam. The City of Los Angeles approved and awarded $898,507.00 to the City of Vemon's Fire and Police Departrnents to fund the purchase of chemical, biological, radiological, nuclear and explosive C'CBRNE), Hazardous Materials and Urban Search & Rescue training and equipment, Physical Security Enhancement Equipment and Personal Protective Equipment. On June 21,2016 the City Council of the City of Vemon approved the First Amendment to Agreement Number C-125491 of City of Los Angeles Contract between the City of Los Angeles FIRE DEPARTMENT Page I of2 and the City of Vemon, resulting in an increase of grant funding by $1,000,000. The Califomia Office of Emergency Services ("CalOES"), approved a reallocation of 2014 UASI funds, such that the City of Vemon's 2014 UASI funding was increased by $235,684.00, bringing the new total of awarded flrnds to $2,134,191.00. The proposed amendment has been reviewed and approved as to form by the City Attorney's Department. Fiscal Imoact The 2014 UASI grant is 100% reimbursable and there are no cost-share or match requirements. The City of Los Angeles will reimburse the City of Vemon for all purchased equipment up to the awarded grant firnds. To receive reimbursement for equipment purchased using grant funds, the Fire and Police departments will be responsible for submitting all required documents/paperwork to the City of Los Angeles, demonstrating that the items were delivered and paid within the specified time frame. Attachment(s) L second Amendment to Agreement Number C-125491 of City of Los Angeles Contract between the City of Los Angeles and the City of Vemon. Page 2 of 2 SECOND AMENDMENT TO AGREEMENT NUMBER C-125491 OF CITY OF LOS ANGELES CONTRACT BETWEEN THE CITY OF LOS ANGELES AND THE CITY OF VERNON THIS SECOND AMENDMENT to Agreement Number C-125491 ("Second Amendment") is made and entered into by and between the City of Los Angeles, a municipal corporation (the "City"), and the City of Vernon, a municipal corporation (the "Subgrantee" or "Subrecipient"). WITNESSETH WHEREAS, the City and Subrecipient entered into that certain City of Los Angeles Contract Number C-125491 (the "Agreement"), as subsequently amendment, related to the Fiscal Year 2014 Urban Areas Security lnitiative Grant ("UASI 14" or the "Grant"), whereby the City agreed to disburse UASI 14 grant funds to Subrecipient in accordance with the UASI 14 approved budget and Subrecipient agreed to use the grant funds to support the development and sustainment of core capabilities as outlined in the National Preparedness Goal by addressing the unique equipment, training, planning, organization, and exercise needs of the Los Angeles/Long Beach Urban Area ('LA/LBUA), and assisting it in building an enhanced and sustainable capacity to prevent, protect against, mitigate, respond to, and recover from acts of terrorism; such Agreement having a term of September 1,2014 to July 31, 2016 with an original allocation of UASI 14 grant funds to Subrecipient in the amount of One Million Eight Hundred Ninety-Eight Thousand Five Hundred Seven Dollars ($1,898,507.00), and the execution of said Agreement having been authorized by the Los Angeles City Council (C.F. #14-0820, 11125114 & 05/04/16); and WHEREAS, on or about November 24, 2015, CaIOES approved a reallocation of UASI 14 funds such that Subrecipient's UASI 14 funding was increased by the amount of One Thousand Nine Hundred Fifty-One Dollars ($1,951.00) for Fixed ('ALPR') Project (the "Fixed ALPR Modification"), such Fixed ALPR Modification having been authorized by Section 14.8 of the Los Angeles Administrative Code ("Section 14.8), and resulting in a total allocated amount of UASI 14 funds to Subrecipient of One Million Nine Hundred Thousand Four Hundred Fifty-Eight Dollars ($1,900,458.00); and WHEREAS, on or about March 7, 2016, CaIOES approved a reallocation of UASI 14 funds such that Subrecipient's UASI 14 funding was increased by the amount of One Hundred Fifty-Four Thousand Eleven Dollars ($154,011.00) for Regional Training Prop Equipment (the "First Regional Training Prop Equipment Modification"), such First Regional Training Prop Equipment Modification having been authorized by Section 14.8, and resulting in a total allocated amount of UASI 14 funds to Subrecipient Second Amendment, UASI 14 City of Los Angeles and City of Vemon of Two Million Fifty-Four Thousand Four Hundred Sixty-Nine Dollars ($2,054,469.00); and WHEREAS, on or about July 1, 2016, CaIOES approved a reallocation of UASI 14 funds such that Subrecipient's UASI 14 funding was increased by the amount of Eighty Thousand One Hundred and Twelve Dollars ($80,1 12.00) for Regional Training Prop Equipment (the "Second Regional Training Prop Equipment Modification"), such Second Regional Training Prop Equipment Modification having been authorized by Section 14.8, and resulting in a total allocated amount of UASI 14 funds to Subrecipient of Two Million Fifty-Four Thousand Four Hundred Sixty-Nine Dollars ($2,134,581.00); and WHEREAS, at the end of the term of the Agreement, Subrecipient had failed to expend Three Hundred Ninety Dollars ($390.00) (the "Cost Savings") of its allocated UASI 14 grant funds and, such Cost Savings having been deemed a cost savings by the Mayor's Office (as such term is defined below), Subrecipient's UASI 14 grant allocation was decreased by the Cost Savings amount resulting in a total allocated amount of UASI 14 funds to Subrecipient of Two Million One Hundred Thirty-Four Thousand One Hundred Ninety-One Dollars ($2,134,191.00) (the "Cost Savings Modification"); and WHEREAS, Section 502 of the Agreement provides for amendments to the Agreement; and WHEREAS, the City, through the Mayor's Office of Public Safety ("Mayor's Office"), which has been designated by the City to administer the Agreement and the projects contemplated therein, and Subrecipient each desires to enter into this Second Amendment for the purpose of amending and/or modifying the Agreement to (a) extend the term of the Agreement to reflect the First Grant Extension; (b) increase Subrecipient's allocated Grant funds under the Agreement to reflect the Fixed ALPR Modification, the First Regional Training Prop Equipment Modification, the Second Regional Training Prop Equipment Modification and the Cost Savings Modification, and (c) make such other changes as are required in connection with the foregoing, all as detailed elsewhere in this Second Amendment and as authorized by Section 14.8; and WHEREAS, this Second Amendment is necessary and proper to continue and/or complete certain activities authorized under the Agreement. NOW, THEREFORE, the City and Subrecipient hereby covenant and agree that the Agreement be amended, effective July 1, 2016, as follows: 1. Paragraph A of Section 301 of this Agreement entitled "Payment of Grant Funds and Method of Payment" is hereby amended in its entirety to read as stated within the quotation marks in the following paragraph: Second Amendment, UASI 14 City of Los Angeles and City of Vemon J. 4. "The City of Los Angeles shall disburse to Subrecipient its allocated Grant amount of Two Million One Hundred Thirty-Four Thousand One Hundred Ninety-One Dollars ($2,134,191.00) to be used for purchase of equipment, planning, exercises, organizational activities, and training as described in Section 202 above. Such Grant amount represents the amount allocated to Subrecipient in the FY 14 UASI grant budget as approved by the Grantor. The disbursement of such funds shall be made on a reimbursement basis only. Subrecipient shall maintain procedures to minimize the time elapsing between the award of Grant Funds and the expenditure of funds to be reimbursed by such Grant Funds." Such amendment increases Subrecipient's UASI 14 grant funds allocation set forth in the Agreement to reflect the Fixed ALPR Modification, the First Regional Training Prop Equipment Modification, the Second Regional Training Prop Equipment Modification and the Cost Savings Modification. The Budget (as such term is defined in the Agreement) shall be amended accordingly to reflect such modifications and Subrecipient's use of grant funds in connection thereto. Except as herein amended or modified, all terms and conditions of the Agreement shall remain unchanged and in full force and effect by way of this Second Amendment. This Second Amendment may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. This Second Amendment includes four (4) pages which constitute the entire understanding and agreement of the parties with respect to the matters set forth herein. Second Amendment, UASI 14 City of Los Angeles and City of Vernon lN WITNESS WHEREOF, the City and Subrecipient have caused this Second Amendment to be executed by their duly authorized representatives. lnternal Revenue Service lD Number: Council File/OARS File Number: 14-0820 Date of Approval: 11125115 City Contract Number C-125491 Second Amendment, UASI 14 4City of Los Angeles and City of Vemon APPROVED AS TO FORM: MICHAEL N. FEUER, City Attorney Deputy City Attorney Date For: THE CITY OF LOS ANGELES ERIC M. GARCETTI, Mayor By Eric M. Garcetti, Mayor Date ATTES HOLLY T: L. WOLCOTT, lnterim City Clerk By Deputy City Clerk APPROVED AS TO FORM AND LEGALITY: By City Attorney For:The City of Vernon, a municipal corporation Date lsEALl ATTEST: By City Clerk Date City Business License Number: By By RECEIVED sEP 18 2016 CIIY CLERKS OFFICE REGEIVED sEP I 2 2016 CITY ADMINISTRATIONSTAFF REPORT FIRE DEPARTMENT DATE: TO: FROM: RE: (9 l-t 4V September 20, 2016 Honorable Mayor and City Council Michael A. Wilson, Fire Chiel il.ilfu Originator: Adriana Ramos, Administrative Secretary Approval of First Amendment to Agreement Number C-127390 of City of Los Angeles Contract between the City of Los Angeles and the Cify of Vernon in Connection with the Fiscal Year 2015 Urban Areas Security Initiative Grant Program Recommendation A. Find that approval of the amendment proposed is exempt from Califomia Environmental Quality Act C'CEQA) review, because it is a govemment fiscal activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Approve the First Amendment to Agreement Number C-127390 of City of Los Angeles Contract between the City of Los Angeles and the City of Vemon in connection with the Fiscal Year 2015 Urban Areas Security Initiative C'2015 UASI") grant program, in substantially the same form as submitted herewith, and authorize the Mayor to execute all necessary documents. Due to a reallocation of 2015 UASI funds, the City of Los Angeles approved and decreased the City of Vemon's grant funds by $70,000.00. Backqround On March 15, 2016, the City Council of the City of Vemon adopted Resolution No. 2016-12 approving participation in the 2015 UASI grant program. The City of Los Angeles approved and awarded S144,599.00 to the City of Vemon's Fire and Police Departments to fund the purchase of chemical, biological, radiological, nuclear and explosive ('CBRNE), Hazardous Materials and Urban Search & Rescue training and equipment, Physical Security Enhancement Equipment and Personal Protective Equipment. On May 15, 2016 the Califomia Offrce of Emergency Services C'CaIOES) reallocated $70,000.00 of the approved 2015 UASI grant funds to the City of Long Beach Fire Department to fund a contractor that will provide education curriculum for the LAILBUA region. This Page 1 of2 amount wzrs originally allocated to the Vemon Fire Department for the purchase of CBRNE equipment. As a result of the reallocation, the total awarded amount of 2015 UASI grant funds was decreased to $74,599.00. The proposed amendment has been reviewed and approved as to forrn by the City Attomey's Departrnent. Fiscal Imoact The 2015 UASI grant is 100% reimbursable and there are no cost-share or match requirements. The City of Los Aageles will reimburse the City of Vemon for all purchased equipment up to the awarded grant funds. To receive reimbursement for equipment purchased using grant funds, the Fire and Police departments will be responsible for submitting all required documents/paperwork to the City of Los Angeles, demonstrating that the items were delivered and paid within the specified time frame. Attachment(s) l. First Amendment to Agreement Number C-127390 of City of Los Angeles Contmct between the City of Los Angeles and the City of Vemon. Page 2 of 2 FIRST AMENDMENT TO AGREEMENT NUMBER C.127390 OF CITY OF LOS ANGELES CONTRACT BETWEEN THE CITY OF LOS ANGELES AND THE CITY OF VERNON THIS FIRST AMENDMENT to Agreement Number C-127390 ("First Amendment") is made and entered into by and between the City of Los Angeles, a municipal corporation (the "City"), and the City of Vernon, a municipal corporation (the "Subgrantee" or "Subrecipient"). WITNESSETH WHEREAS, the City and Subrecipient entered into that certain City of Los Angeles Contract Number C-127390 (the "Agreement") related to the Fiscal Year 2015 Urban Areas Security lnitiative Grant ("UASI 15" or the "Grant"), whereby the City agreed to disburse UASI 15 grant funds to Subrecipient in accordance with the UASI 15 approved budget and Subrecipient agreed to use the grant funds to support the development and sustainment of core capabilities as outlined in the National Preparedness Goal by addressing the unique equipment, training, planning, organization, and exercise needs of the Los Angeles/Long Beach Urban Area ("LA/LBUA'), and assisting it in building an enhanced and sustainable capacity to prevent, protect against, mitigate, respond to, and recover from acts of terrorism; such Agreement having a term of September 1 , 201 5 to May 31 , 2018 with an original allocation of UASI 15 grant funds to Subrecipient in the amount of One Hundred Forty- Four Thousand Five Hundred Ninety-Nine Dollars ($144,599.00), and the execution of said Agreement having been authorized by the Los Angeles City Council (C.F. #15- 0734, 1126116); and WHEREAS, on or about March 1 5, 2016, the California Office of Emergency Services ("CalOES") approved a reallocation of Grant funds such that Subrecipient's UASI 15 funding originally allocated for the purchase of Chemical, Biological, Radiological, Nuclear and Explosives ("CBRNE) equipment in the amount of Seventy Thousand Dollars ($70,000) was reallocated to the City of Long Beach Fire Department to fund a contractor that will provide educational curriculum for the LA/LBUA region (the "Reallocation"), thereby decreasing Subrecipient's UASI 15 grant allocation by the Reallocation amount resulting in a total allocated amount of UASI '1 5 funds to Subrecipient of Seventy-Four Thousand Five Hundred Ninety-Nine Dollars ($74,599.00) (the "Reallocation Modification"), such Reallocation Modification having been authorized by the Los Angeles City Council (C.F. #15-0734, 5/04/16); and WHEREAS, Section 3.12 of the Agreement provides for amendments to the Agreement; and First Amendment, UASI 15 City of Los Angeles and City of Vernon WHEREAS, the City, through its Office of the Mayor, Office of Public Safety ("Mayor's Office"), which has been designated by the City to administer the Agreement and the projects contemplated therein, and Subrecipient each desires to enter into this First Amendment for the purpose of amending and/or modifying the Agreement to (a) decrease Subrecipient's allocated Grant funds to reflect the Reallocation Modification, and (b) make such other changes as are required in connection with the foregoing, all as detailed elsewhere in this First Amendment and as authorized by the Los Angeles City Council (C.F. #15-0734, 05/04/16); and WHEREAS, this First Amendment is necessary and proper to continue and/or complete certain activities authorized under the Agreement. NOW, THEREFORE, the City and Subrecipient hereby covenant and agree that the Agreement be amended, effective May 4,2016, as follows: 1. Section 1.2 of this Agreement entitled "Subaward lnformation and Period of Performance" is hereby amended in its entirety to read as stated within the quotation marks in the following paragraph: "Subrecipient hereby accepts the following subaward ("Subaward") of the Federal award upon the terms and conditions set forth in this Agreement: Subaward amount:$74,599.00 Subaward Period of Performance ("Term"): September 1, 2015 to May 31,2018 Match Requirement: None The term of this Agreement shall be the "Term" as set forth in this Section 1.2." Such amendment decreases Subrecipient's UASI 15 grant funds allocation set forth in the Agreement to reflect the Reallocation Modification. The Workbook (as such term is defined in the Agreement) shall be amended accordingly to reflect such modification and Subrecipient's use of grant funds in connection thereto. Except as herein amended or modified, all terms and conditions of the Agreement shall remain unchanged and in full force and effect by way of this First Amendment. This First Amendment may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. This First Amendment includes First Amendment, UASI 15 City of Los Angeles and City of Vernon 2 4 three (3) pages which constitute the entire understanding and agreement of the parties with respect to the matters set forth herein. First Amendment, UASI '15 City of Los Angeles and City of Vemon APPROVED AS TO FORM: MICHAEL N. FEUER, City Attorney Deputy City Attorney Date For: THE CITY OF LOS ANGELES ERIC M. GARCETTI, Mayor By Eric M. Garcetti, Mayor Date ATTEST: HOLLY L. WOLCOTT, City Clerk Deputy City Clerk Date APPROVE D AS TO FORM AND LEGALITY: By City Attorney For:The City of Vernon, a municipal corporation Date ISEAL] ATTEST: By City Clerk Date lN WITNESS WHEREOF, the City and Subrecipient have caused this First Amendment to be executed by their duly authorized representatives. City Business License Number: lnternal Revenue Service lD Number: Council File/OARS File Number: 15-0734 Date of Approval 5lO4l15 City Contract Number C-127390 First Amendment, UASI 15 City of Los Angeles and City of Vernon By RECElVED sEP t 3 2015 CITY CLERl('S OFFICE RECEIVED sEP 07 2016 STAFF REPORT clTYADMlirrsTRATl0r'l vERNoN GAS & ELECTRTc DEpARTMTNTff \-12+ DATE: TO: FROM: RE:Base Contract with Freepoint Commodities LLC for Sale and Purchase of Natural Gas (the "NAESB Contract") Recommendation A. Find that (a) the agreement between the City of Vernon and Freepoint Commodities LLC is not in reference to a "project" subject to the Califomia Environmental Quality Act ("CEQA") under Guidelines section 15378 because it involves the administrative activity of purchasing gas; and (b) even if this approval were a "project" subject to CEQA, the approval requested is exempt in accordance with CEQA Guidelines Section 15301(b), the general rule that CEQA only applies to projects that may have an effect on the environment because purchasing gas is purely a financial trzmsaction. and any construction that may occur by a private party in the future in reliance on this approval would be subject to CEQA review by another govemmental agency at that time when actual details ofany physical proposal would be more than speculative; and B. Authorize the Director of Gas & Electric (as per Resolution No. 9280) to execute the North American Energy Standards Board ("NAESB") contract by and between the City of Vemon ("City") and Freepoint Commodities LLC ("Freepoint") in substantially the same form as attached to the staff report, for the purpose ofbuying and selling natural gas to or from Freepoint, in compliance with the general terms established in the agreement. Pursuant to Vemon Municipal Code $ 2.17.12(A)(6), competitive bidding is not required because this is a contract for gas and/or electrical power for the city's power utility, and it would be commercially unreasonable to procure the gas or electricity through standard bidding or request for proposal procedures. Background The City of Vemon owns and operates a municipal natural gas distribution system lor supplying the City's municipal electric system with natural gas and providing natural gas to businesses and industries within the City. On March [9,2007, Resolution No.9280 was adopted by the Ciry September 20, 2016 Honorable Mayor and City Council Kelly Nguyen, Director of Vernon Gas & Electric Department ,{*Originator: Irene Castillo, Account Clerk, Se rior Page I of2 Council, thereby granting authority to the Director of Cas & Electric to enter into various contracts lbr the purchase and sale ofelectric energy, natural gas, and financial hedges, subject to ratitication of the City Council. VG&E desires to sell and purchase natural gas to or from Freepoint, under general terms and conditions published by the NAESB. The Director of Vemon Gas & Electric has determined that it is to the City's advantage, and in the public interest of the customers and residents olthe City, to enter into a contract with Freepoint tbr the purchase and sale of natural gas. This agreement constitutes general terms and conditions only and does not obligate the City to enter into a specitic purchase or sale transaction; however, the result of fully executing the agreement will provide the ability tbr the City to transact with Freepoint. The City has similar agreements in place with other counterparties. The key objectives of the agreement with Freepoint are as tbllows: o To expand the City's counterparty pool. Create an opportunity tbr better pricing and liquidityo To maximize trading capability Vemon Gas & Electric stalT recommends that the NAESB Contract with Freepoint be approved. Attached herewith is a copy of the proposed Base Contract (NAESB) tbr Sale and Purchase of Natural Cas with Freepoint and supporting documents. The Base Contract (NAESB), Special Provisions, and Municipal Rider have been reviewed and approved by the City Attomey's oftice. Fiscal lmoact The agreement with Freepoint will provide Vemon tlexibility to buy and sell natural gas as needs dictate, which could potentially produce a monetary benetit tbr the City. The exact tinancial impact olthis agreement is unknown at this time. Attachment(s) [. Base Contract (NAESB) for Sale and Purchase of Natural Gas between the City of Vemon and Freepoint Commodities LLC including Special Provisions & MunicipaI Rider Page 2 of2 Base Contract for Sale and Purchase of Natural Gas This Base Contract rs enlered into as of the following date: August 24, 20'16 The parties to this Base Contract are the following: PARTY A CITY OF VERNOII. CA PARTY B FREEPOINT COMMODITIES LLC Gas & Electric Dept. 4305 Santa Fe Ave. Vernon, CA 90058 AOORESS 58 Commerce Road Stamtord, CT 05902 www.city ofoemon.org ausrrvEss wEaslrE rrv{.freeoointcom CONfRACf NUMBER 060883022 O.U.N.S@ NUMBER 967-963-906 [. us FEDEML: gs4ooo8o8 . OTHER:fAX ID NUMBERS E us FEDERAL: 27-5o1779a OTHER: Califomia JURtSOtCfION OF ORGANIZATION Delaware : Corporation a LLC : Limited Partnership - Partnership : LLP El Other City of Vemon, a Chartered Citv and Municioal Com. ofthe State ot Calilornra COI'PANY TYPE . corporation El LLc I Limited Pa.tnership . Padnership r LLP . Other: Not Applicable GUARANTOR IIF APPLICABLE)Not Applicable CONTACT INFORMATION AffN: Shewn Shaiaadeh & Eiain Sandoyal fEL* 323426-1424 FAX{: 323-a?e3629 EHAIL:& es ndov el6,.i.Yernon, ca. ut . COttltlERClAL 58 Co.nperce Road. St mford. CT 06902 ATTN: TEL* 203€42€000 FAX': _ AffN: Shawn Shadlzedeh & Etain Sanaloval feL* 323426-1424 FAX#: 321A2d3629 EhIAIL:& e se n alov a lltbc i -v en o n - c a - u s . SCHEOULTNG 58 Comme.Ee Road. St mford. CT 06!102 ArT[: qissgEegslllg-qE* TEL': 203.5424000 FAXI: ElrAlL: Dl'Gasschedulinoofeeooinlcom AffN: Hefia Patel fELr: 323-583-8811 Ext.292 FAX*: 323426-1431 E tatL: I!4E!@U@9!:9t!s . CONIRACI AND LEGALNONCES 5g CommerEe Road. Stamford. CT 06!)02 ATrt{: t9g3tLq9E!!E9!! TEL*: 203-5a24000 FAX#: 203-724{906 E AIL: OL-LooalNoticesahleoointcom AlfN: Javier Valdez TELE:FAXI: 323-826.1431 EMAIL: lealde2@ci.Ysnon.ca-us . CREDI| 5t CommerE. Road. Stamford. CT 06902 ATrN: qrgd!Lq9Ee!89!! TEL,: 2q!:1!409!E FAxrf, 203-724{s32 EMAIL: DL-C..dill trE Dointcom ArTN: fEL,: ETIAIL: Edwin Ochoa 323-543-4411 Ex't 227 . TRANSACTION CONFIRNArIONS 58 Commerce Road. Stamford. CT 06902 ArTN: eg!]Elllaligqpgp3IEe!!rELt: ?Q!:_EtE!!g FAxii 4!12!g EMAIL: 0L-NatGasTeamGDfreeooiot.com ACCOUNTING INFORMATION ATTN: Citv ofVemon Treasurv Deoadment TEL#: 323-583{8'1 1 Ext 227 Fl\X*: 323-826-3629 EMAIL: !4y9!9!q@!y9149sssE tNvotcEs PAYTIENfS SETTLEflErrrIS 58 Commerce Road. Stamford. CT 05902 arr : 9E-4999c-E!i!s_p9EA@E4 IEL#: 203.542.6000 FAX#: 203-7244924 aBA: #322070381 ACCri 80362791 WIRE IRANSFER NU'IBERS (IF APPLICABLE) AtflK JP Mo.gan Chase BankI84.. 02't000021accl 937608't23 O|HER DEIAILS: A,/C l{ame: FrEepoint Commodities LLC AANK: AAA:ACCT: O|HER DErAILS: ACH NU AERS (tF aPrucasLE) SANK:AAA: ACC|: OTHEROE 'LS.. NOT APPLICABLE IOORESS:CHECKS (IF APPLICABLE)400RESS: Copyright @ 2006 North Amencan Energy Standards Board, lnc AII Rights Reserved NAESBStandard63l September 5, 2006 Base Contract for Sale and Purchase of Natural Gas (Continued) This Base Contrad incorporates by reference for all purposes the General Terms and Conditions for Sale and Purchase of Natural Gas published by the North American Energy Standards Board. The partjes hereby agree to the Iollo\.ving provisions offered in said General Terms and Conditions. ln the event the parties fail to check a box, tt|e spedfied default provision shall apply. Seled the appooriate box(es) ftom eadr sedion: Section 1.2 X Oral (default)Transaction ORProcedure I Written Section 10.2 ENo Additional Events of Defauli (default) Additronal Events of Default Section 2.7 X 2 Business Oays aier recerpt (default) Confirm Deadline OR: Business Days afrer.eceipt Section 2.8 r Seller (defau[) Confirming Party OR: BuyerX Frqeooint Cornmoditid LLC Section 3.2 X Cover Standard (default)Perfoman@ ORObligation - Spot Pnce Siandard Section 10.3.1 X Early Termination Damages Apply (default) Early Termination OR Oamages : Eady Temination Damages Do Not Apply Note: The fo owing Spot Pice Publicatioo arylies ao both of the inmediatelv or*edind,Soction 10.3.2 X other Agreernent Setofr Apply (dehult) frl::."", a Bihterar(deraurt) Setoffs Other Agreement Setoft Do Not Apply Section 2.31 X Gas Daily Midpoint (default) Spot Prbe ORPublication r Section 6 X Buyer Pays At and Aie. Oelivery Point (default)Taxes ORr Seller Pays Before and At Oelivery Point Section 7.2 X 25n Day of Month bllo$ring Monh of doliw.y Payment DaE (default) ORo tlay of Month followino Month of deliv.rv Sectionl5.5 CALTFORNTA Choice Of Law Section 7.2 X Wi e transfer (default) Method of Payment ! Automated Cleannghouse Credit (ACH). Ched( Section '15.'10 X Confidentralry apples (default) Confidentiality OR Confidentiality does noi apply Section 7.7 X Netting applies (default)Netting ORo Nettinq does not agDly X Special Proyisions Number of sheets attached: X Addendum(s): Municipal Rider g lN W|TNESS WHEREOF, the parties hereto have executed this Base Contract in duplicate. CITY OF VERNON, CA FREEPOINT COMMOOITIES LLC By By Kelly Nquyen Wendy Lewis Director of Gas and Electric NfLE Orrector Copyright @ 2006 North Ame.ican Energy Standards Board, tnc All Rights Reserved page 2 ot 13 NAESB Standard 6 31 September 5, 2006 SECTTON 1. General Terms and Conditions Base Contract for Sale and Purchase of Natural Gas PURPOSE AND PROCEDURES 1.1. These General Terms and Conditions are intended to facilitate purchase and sale transactions of Gas on a Firm or lnterruptible basis. "Buye/'refers to the party receiving Gas and "Selle/'refers lo the party delivering Gas. The entire agreement 1 .3. lf a sending part/s Transadion Confirmation is mateflally different ftom the receiving parvs undestanding of he agreement refercd to in Seclion 'l.2, such receiving party shall noti"ry he sending party via facsimile, EOI or mutually agreeable electronic means by the Confirm Oeadline, unless such receMng party has previously sent a Transaclion Confrmalion to the sending party. The failure of he receMng party to so notiry the sending pafiy in ffitng by the Confirm Deadline constitutes the receMng parvs agreement to he terms of the transadion described in the sending partys Transadion Conllrmaton. lf here are any material difrrences betuEen timely senl Transadion Confirmations goveming the same transadion, hen neither Transadion Confirmation shall be tinding until or unless such diftrences are resolved induding the use of any evidence that dearly resotves he differences in he Transaclion Confirmations ln the event of a conflid among he terms of 0 a binding Transadion Confirmation puBuant to Section 1 2. (ii) the oral agreement of he parties which may be evidenced by a recorded conversation. where the panies have seleded the Oral Transadion Procedure of the Base Contract, (ii) the Base Contracl, and (iv) hese General Tems and Conditions. the tems of the doorments shall govem in the priority listed in his sentence. 1.4. The parties agree that eacfi party may eleclronically record alltelephone corversations with res@ to thrs Contrad between their respedive employees, without any special or further notice to the othe. party Eadr party shall obbin any necessary @nsent of its agents and employees to such recording. Where the parties have selected the Oral Transaction Procedure in Section 1.2 of the Base Contract, the palties agree not to contest the validity or enforceability of telephonic recordings entercd into rn accordance with the requirements of this Base Contrad. SECTION 2.DEFINITIONS The terms set forth below shall have the meaning ascribed to them below Other terms are also defined elsewhere in the Contract and shall have the meanings ascibed to them herein. 2.1. "Additional Event of Oefaulf shall mean Transactional Cross Oefault or lndebtedness Cross Default, each as and if selected by the parties pursuant to the Base Conlract. Z.Z. "Affiliate' shall mean, in relalion to any person. any entty controlled, direciy or rndirecdy, by he person, any entty hat controls, diredly or indrreciy, he person or any entty direc y or indirecdy under common control with the person. For tris purpose, '@ntrol' of any entity o( person means olr,nership of at least 50 per@nt of the voting po,ver of he en[ty o( person Copyright @ 2006 Nonh Americ€n Energy Standards Board, lnc NAESBStanda.d63l September 5, 2006 between the shall be the nAS The parties have selscted either the "Oral Transaction Procedure" or the "Writtsn Transaction Procedure" as indicated on the Base ContracL Oral Transaction Procedure: 1.2. The parties will use the following Transaction Confirmation procedure. Any Gas purchase and sale transaction may be effectuated in an EDI transmission or telephone conversalion with the offer and acceptance constituting the agreement of the pa(ies. The parties shall be legally bound from the time they so agree to transaction terms and may each rely thereon. Any such transactron shall be considered a "writing'and to have been'signed" Notwithstanding the foregoing sentence, the parties agree that Confirming Party shall, and the other party may, confirm a telephonic lransaction by sending the other party a Transaction Confirmation by facsimile, EOI or mutually agreeable electronic means within three Business Days of a transaction covered by this Section 1 2 (Oral Transaction Procedure) provided that the failure to send a Transaction Confirmation shall not invalidate the oral agreement of the parties Confirming Party adopts its confirming letterhead, or the like, as its signature on any Transaction Confirmation as the identification and authentication of Confrming Party. lf the Transaction Confirmalion contains any provisions other than those relating to the commercial terms of the transaction (i.e., price, quantity, performance obligation, delivery pornt. period of delivery and/or transporlation conditions), which modiry or supplement the Base Contract or General Terms and Conditions of this Contract (e.9.. arbitration or addrtional representations and wananties), such provisions shall not be deemed to be accepted pursuant to Seclion 1.3 but must be expressly agreed to by both panies, provided that the foregoing shall not invalidate anv transaclion aoreed to bv the oarties Written Transaction Procedure: 1.2. The parties will use the following Transaction Confirmation procedure. Should the parties come to an agreement regarding a Gas purchase and sale transaction for a partrcular Delivery Period, the Confirming Party shall, and the other party may. record lhat agreement on a Transaction Confirmation and communicate such Transaction Confirmalion by facsimile, EDI or mutually agreeable electronic means, to the other party by the close of the Business Day following the date of agreement The parties acknorr/edge that their agreement will not be binding until the exchange of nonconflicling Transadion Confirmations or the passaqe of lhe Confirm Deadline without obiection ftom lhe receivinq Dartv. as orovided in Section 'l.3. All Rrghts Reserved Page 3 of 13 2.3. "Altemative Damages'shall mean such damages, expressed in dollars or dollars per MMBtu, as he parties shall agree upon in he Transadjon Confirmation, in fle event either Seller or Buyer fails to perform a Firm obligaton to delNer Gas in the case of Seller or to receive Gas in the case of Buyer. 2.4. "Base Contract'shall mean a @ntracl exeorted by he parlies that incorporates hese General Tems and Cmditims by reference: thal specifies he agre€d seledions of provisions contained herein; and that sets brh oher inbrmatjon required herein and any Special Povisions and addendum(s) as identified oo page one. 2.5. "British hermal unit'or "Btu" shall mean he lntemadonal BTU, which is also called t|e Btu (lT). 2.6. "Business Oay(s)" shall mean Monday through Friday, excluding Federal Banking Holidays for transactions in the U S. 2.7. "Confirm Oeadline" shall mean 5;00 p.m. in the receiving party's time zone on the second Business Oay followng the Oay a Transaction Confirmalion is received or, if applicable, on the Business Day agreed to by the parties in the Base Contract; provided. if the Transaction Confirmation is time stamped afler 5:00 p.m. in the receiving party's time zone, it shall be deemed received at the opening of the next Business Oay 2.8. "Confrming Party' shall mean he party designded in tte Base Contract to prepare and fonlard Transaclion Confirmations to he oher party. 2.9. "Contract" shall mean the legally-binding relationship established by (i)the Base Conlract, (iD any and all binding Transaction Confirmations and (iii) where the parties have selected the Oral Transaction Procedure in Section '1.2 of the Base Contract. any and all lransactions that lhe parties have entered into through an EOI transmission or by telephone. but lhat have not been confirmed in a binding Transaction Confirmation, all of which shall form a single integrated agreement between the parlies. ?.'10. "Contract Price" shall mean the amount expressed in U.S. Dollars per MMBtu to be paid by Buyer to Seller for the purchase of Gas as agreed to by the parties in a transaction. 2.11. "Contract Quantity" shall mean the quantity of Gas to be delivered and taken as agreed to by the parties in a transaction. 2.12, "Cover Standard", as refened to in Section 3.2, shall mean that if lhere is an unexcused failure to take or deliver any quantity of Gas pursuant to this Contracl, then the performing party shall use commercially reasonable efiorts to (i) if Buyer is the performing party, obtain Gas, (or an altemate fuel if elecled by Buyer and replacement Gas is not available), or (ii) if Seller is the performing party, sell Gas, in either case, at a price reasonable for the delivery or produclion area, as applicable. consistent with: the amount of notice provided by the nonperforming party; the rmmediacy of the Buyeis Gas consumption needs or Selle/s Gas sales requirements, as applicable: the quantities involved. and the anticipated length of failure by the nonperforming party. 2.1 3. "Credit Support Obligation(s)' shall mean any obligation(s) to provide or establish credit support for, or on behalt of, a party to this Contract such as cash, an inevocable standby letter of credit, a margin agreement, a prepayment, a security interest in an asset, guaranty, or other good and suffcient seqJrity of a continuing nature. 2.14. "Day" shall mean a period of 24 consecutive hours, coextensive with a "da/' as defined by the Receiving Transporter in a particular transaction. 2.15. "Delivery Period" shall be the period dudng which deliveries are to be made as agreed to by the parties in a transaction. 2.16. 'Oelivery Poinl(s)" shall mean such point(s) as are agreed to by the parties in a transac{ion. 2.17, 'EDl" shall mean an electronic data interchange pursuant to an agreement entered into by the parties. specifically relating to the communication of Transaction Confirmations under this Contracl. 2.18. 'EFP' shall mean the purchase. sale or exchange of natural Gas as the "physical" side of an exchange for physical transaction involving gas futures contracts. EFP shall incorporate the meaning and remedies of "Firm", provided that a parly's excuse for nonperformance of its obligations to deliver or receive Gas will be governed by the rules of the relevant futures exchange regulated under the Commodity Exchange Act. 2.19. 'Firm" shall mean that either party may interrupt its performance without liability only to the extent that suchperfomance is prevented for reasons of Force Majeure; provided, however, thal during Force Maieure interruptions, the party invoking Force Majeure may be responsible for any lmbalance Charges as set forth in Section 4.3 related to its interruption afrer the nomination is made to the Transporter and until the change in deliveries and/or receipts is confirmed by the Transporter. 2.20. "Gas' shall mean any mixture of hydrocarbons and noncombustible gases in a gaseous state consisting primarily of methane. 2.2.1 . "Guarantoi shall mean any entity fiat has poviled a guaranty of the obligaliqE of a party hereunder. 2.22. "lmbalance Charges" shall mean any fees, penalties, costs or charges (in cash or in kind) assessed by a Transporler for failure to satisfy the Transporte/s balance and/or nomination requiremenls. 2.23. "lndebtedness Cross Oefault' shall mean if selected on the Base Contrad by lhe parties with respecl to a pady, that itor its Guarantor, if any, experiences a default, or similar condition or event however therein defined, under one or more agreements or rnstruments, individually or collectively, relating to indebtedness (such indebtedness to include any obligation whether present or fulure, contingent or otherwse, as principal or surety or otheMise) for the payment or repaymenl of borrowedmoney in an aggregate amount greater than the threshold specified in the Base Contract wth respect to such party or its Guaranlor, rf any, which results in such indebtedness becoming immediately due and payable Copyright @ 2006 North American Energy Standards Board, tnc NAESBStandard63l September 5, 2006All Rights Reserved Page 4 ol 13 2.24. "lnterruptible" shall mean that either party may interrupt its performance at any time for any reason, whether or not caused by an event of Force Majeure, with no liability, except such inlenupting party may be responsible for any lmbalance Charges as set forth in Section 4.3 related to its interruption afler the nomination is made to the Transporter and until the change in deliveries and/or receipts is confirmed by Transporter. 2.25. "MMBtu" shall mean one million British thermal unils, which is equivalent to one dekalherm. 2.26. "Month" shall mean the period beginning on the first Day of the calendar month and ending immediately prior to the commencement of the first Oay of the next calendar month. 2.27. "Payment Date" shall mean a date, as rndicated on the Base Contract, on or before which payment is due Seller for Gas received by Buyer in the previous Month. 2.28. "Receiving Transporte/' shall mean the Transporter receiving Gas at a Delivery Point. or absent such receiving Transporter, the Transporter delivering Gas at a Delivery Point. 2.29. "Scheduled Gas" shall mean the quanlity of Gas confirmed by Transpo(e(s) for movement, transportation or management. 2.30. "Specified Transaction(s)" shall mean any oher transadion o. agreement between lhe parties frr he purcfiase. sale or exchange of physical Gas, and any oher transadion or agreement identifed as a Specified Transadion under lhe Base Contract 2.31. "Spot Price " as refened to in Section 3.2 shall mean the price listed in the publication indicated on the Base Contrac{, under the listing applicable to the geographic location closest in proximity to the Delivery Point(s) for the relevant Day; provided, if there is no single price published for such location for such Day, but lhere is published a range of prices, then the Spot Price shall be the average of such high and low prices. lf no price or range of prices is published for such Day, then the Spol Price shall be the average of the following: (i) the price (determined as stated above) for lhe first Day for which a price or range of prices is published that next precedes the relevant Oay; and (ii) the price (determined as stated above) for the first Day for which a price or range of pdces is published thal next follows the relevant Oay. 2.3?. "Transaction Confrmation" shall mean a document, similar to the form of Exhibit A, setting forth the terms of a transaclion formed pursuant to Section 'l for a particular Delivery Period. 2.33. Transaclional Cross Oefault' shall mean if selecled on the Base Contract by the parties with resped to a party, that it shall be in default, however therein defined, under any Specified Transaclion. 2.34. "Terminatbn Oplion" shall mean Ule option of eitrer pafiy to te.minate a transadion in tt€ event that he o6ter parly faib to perbrm a Firm oblillati](l b deliver Gas in he case of Sdler or to receive Gas in he case of Bu!€r fur a d€somted number of days during a pefud as specifed ofl the applicabb Transdion Confrnatixr. 2.35. 'Transporter(s)" shall mean a[ Gas gathering or prpeline companies, or lcl distrihJtixr co.npanies, ading in the caFEcity of a [-anspoder, transporting Gas br Seller or Buyer upsfream o. domstream, respedit/ely, of t|e Oeli\€ry Pdnt pursrant tc a partioJlar ["ansaclim- SECTION 3. pERFoRMANcE oBLTGATtoN 3.1 . Se[er agrees to sell and ddi!/er. and Buyer agrees to .eceh,/e and purciase, f|e Co.r@ Quanti{y b. a partixlar U'ansadion in accordance with the tems of the Contret Sales and purdEses will be m a Firm or lnterruptiue b6is. as agreed to by the parties in a transaction. The parties have selected either the "Cover Standard" or the Price Standard" as indicated on the Base Contract. Cover Standard: 3.2. The sole and exclusive remedy of the parties in the event of a breach of a Firm obligation to deliver or receive Gas shall be recovery of the following: (i) in the event of a breach by Seller on any Oay(s), payment by Seller to Buyer in an amount equal to the posiive difference, it any, between the purchase price paid by Buyer utilizing the Cover Standard and the Contract Pdce, adiusted for commercially reasonable differences in transportation costs to or from the Delivery Point(s), multiplied by the difference between the Contract Quantity and the quantity actually delivered by Seller for such Oay(s) excluding any quantity for which no replacement is available; or (ii) in the event of a breach by Buyer on any Day(s), payment by Buyer to Seller in the amount equal to the positive differenc€, if any, between the Contract Price and the price received by Seller utilizing the Cover Standard for the resale of such Gas, adjusted for commercially reasonable differences in lransportation costs to or from the Delivery Point(s), multiplied by the difference between the Contracl Ouantity and the quantity actually taken by Buyer for such Oay(s) excluding any quantity for which no sale is available; and (iii) in the event that Buyer has used commercially reasonable efforts to replace the Gas or Seller has used commercially reasonable efforts to sell the Gas lo a third party, and no such replacement or sale is available for all or any portion of the Contract Ouantity of Gas, then in addition to (D or (iD above, as applicable, the sole and exclusive remedy of the performing party with respect to the Gas not replaced or sold shall be an amount equal to any unfavorable difference between the Contract Price and the Spot Price, adjusted for such transportation to the applicable Delivery Point, multiplied by the quantity of such Gas not replaced or sold lmbalance Charges shall not be recovered underthis Section 32, but Seller and/or Buyer shall be responsible for lmbalance Charges, if any, as provided in Section 4.3. The amount of such unfavorable difference shall be payable five Business Oays after presentation of the performing party's invoice, which shall set forth the basis uoon which was calculated Copyright @ 2006 North American Energy Standards Board, tnc NAESBStandard63'1 September 5 2006AII Rrghts Reserved Page 5 of 13 Price Standard: 3 2 The sole and exclusive remedy of the parties in the event of a breach of a Firm obligation to deliver or receive Gas shall be recovery of the following: (i) in the event of a breach by Seller on any Oay(s), payment by Seller to Buyer in an amount equal to the difference between the Contract Quantity and the actual quantity delivered by Seller and received by Buyer for such Day(s), multiplied by the positive difference, if any, obtained by subtractrng the Contract Price ftom the Spot Pncei or (ii) in the event of a breach by Buyer on any Day(s), payment by Buyer to Seller in an amount equal to the difference between the Contrac{ Quantity and the actual quantity delivered by Seller and received by Buyer for such Oay(s), multiplied by the positive difference, if any, obtained by subtracting the applic€ble Spot Price from the Contrad Price lmbalance Charges shall not be recovered under this Section 3.2. but Seller and/or Buyer shall be responsible for lmbalance Charges, if any, as provided in Section 4.3 The amount of such unfavorable difference shall be payable five Business Days afler presentation of the performing party's invoice, which shall was calculated 3.3. Notwithstanding Section 3.2, he parties may agree to Altemative Oamages in a Transaction Confirmation executed in writing by both parties. 3.4. ln addition to Sections 3.2 and 3.3, the parties may provide for a Termanation Option in a Transaction Confirmation executed in wriling by both parties. The Transaclion Confirmation containing the Termination Option will designate the length of nonperformance triggering the Termination Option and the procedures for exercise thereof, how damages for nonperformance will be compensated. and how liquidation costs will be calculated SECTION 4. TMNSpoRTATToN, NoMrNAroNS, AND TMBALANcES 4.1 . Seller shall have he sde responsiufty for transporting the Gas to the Oelivery Pdnt(s). Buyer shall ha\€ t|e sole responsit ltty for transporting the Gas fiom he Delh€ry Poin(s). 4.2. The panies shall coo.dhate tlleir nornination adi\rities, gMng suffcient lime to meel tE deadlines of fle afieded Transpoder(s). Eadr party shall give he olher pa(y lirndy pdor tlolice, suffdent to meet tle requirernents of all Transporte(s) invoh€d in the transaclbn, of he quanlities of Gas to be delivercd and purdEsed eadr Oay Should eiher party beco.ne a\./,are that actual deliveries at the Oelivery Pdnl(s) ale greater or lesser han tr|e SdEduled Gas, s(dr party sttdl p(ofnily ndify tte othe. parry. 4.3. The parties sha! use oornrnercially re€sonaue efrIb to al/(id impositbn of any lmbahnce Chaees. tf Buyer or Sdler receives an iml(ice ftorn a Transpoter 0lat irdudes lmbahnce Chaqes, he part€ shall deHmine the valdity 6 !,vdl as fle carce of suctrhbalarc Charges. lf E|e lmbalance Chaqes rrvere inorred as a resull of &4pr's eceipt of quantlies of G6 greater than or less than he S<ieduled Gas. flen Buler shall pay b sucfi lmbalance Charges or reimburse Seller fur sudr lmbalance Ch ges paid by Sdler. lf the lmbalance Charges lvere inojfied as a rcsult of Selle/s &Ive.y of quantities of Gas geatef than or less 0€n he Sd€duled Ga, then Seller shall pay 6r sudl lmbalance Charges c rdmhJrse Buyer br sucfi lmbalance Charyes paid by Buyer. SECTION 5. QUALITY AND MEASUREMENT All Gas ddivered by Sdler stEll meel Ule pressure, qudity ard heat content requiremenE of the Receiving Transporler. The unit of quantty measuretnent br puec€s of this Cofit'at shall be orle MMBtu dry. Measurernent of Gas quantilies hercuftbr shall be in accordance with he estabftshed procedures of he Recdvhg T€nsporter. SECTION 6. rAXES SECTION 7. BTLLTNG, pAvMENT, AND AUDtr 7 .'l . Seller stlall inrrohe Bu)€r br Gas deliveed and rec€ived in he preceding Month and br any ofrr applicade dlargEs, Eoviding supporting dooJmentatbn acceptable in industry practjce to support he amount charged lf rte adual quantty delivered is not kno/vn by fre tilling date. tilling will be prepared bas€d m lhe quanlity of Scheduled Gas. The invoi@d quantity will flen be adjusted to he adual quantity on the f)llo ng Monlh's billing or as s@n hereafler as actual delivery inbrmation is available. tlAESBStandard63l September 5, 2006 The padi6 have selected either "Buyer Pays At and After Delivery Point' or "Seller Pays Befoe and At Delivery Poinf' as indicaH on the Base ContracL Buyer Pays At and After Delivery Point: Seller shall pay or cause to be paid all texes, fees, levies. penalties, licenses or drarges imposed by any govemment authodty CTaxes") on or wih resped to the Gas prior to he Delivery Point(s). Buyer shall pay or cause to be paid all Taxes on or with resped to the Gas at lhe Delivery Point(s) and all Taxes afrer f|e Delivery Pdnt(s). lf a party is required to remit or pay Taxes hat are he other parvs responsibility hereunder, the party responsible for sucfi Taxes shall prompty reimburse the other party br sucfi Taxes. Any party entitled to an exemption ftom any such Taxes or drarqes shall fumish the other oartv anv necessarv dooJmentatbn hereol Seller Pays Before and At Oelivery Point: Seller shall pay or cause to be paid all taxes, fees, levies, penalties, licenses or charges imposed by any govemment authority fiaxes") on or with resped lo the Gas pnor to the Oelivery Pdnt(s) and all Taxes at the Delivery Pcint(s) Buyer shall pay or cause to be pad all Taxes on or with resped to the Gas after the Delivery Point(s). lf a party is required to remit or pay Taxes that are the other party's responsibility hereunder, the party responsible for such Taxes shall prompuy reimburse the other party for such Taxes. Any party enuued to an exemption from any such Taxes or dtarges shall fumrsh the olher partv any necessary doqJmentation thereof. Copyright @ 2006 North American Energy Standards Board, tnc All Rights ReseNed Page 6 of 13 7 .2. Buyer shall remit he amornt due under Sedion 7 1 in he manner speofied in the Base Contrad, in immedhtely available funds, on or beflre the later of he Payment Oate o|l0 Days after receipt of he invcice by Buyei proviled hat if he PaFent Oate is not a Business Oay, payment lS due on he next Business Oay bllo/r,ing tlat date. ln he event any paymeflts are due Buyer hereund€r, payrnent to Buyer shall be made in accordance wih this Sedion 7.2. 7.3.ln the event payments become due pursuant to Sections 3 2 or 3.3, the performing party may submit an invoice to the nonperforming party for an accelerated payment setting forlh the basis upon which the invoiced amount was calculated. Payment from the nonperforming party will be due five Business Days aner receipt of invoice. 7.4.lf the rnvc*-d party, rn good faith. disputes he amount of any sudr inlroice o( any part thereof, such in\oiced party wll pay sucn amount as it concedes to be corcct; provided, ho,vever, if the in\oi:ed party dispdes the amoJnt due, it must provile suppoding documentation acceptiable in industry pradice to support he arnofit pad or disputed without undue delay ln he event fre parties are unable to resolve sucfi dispute, eifEr party may pur$e any remedy available at law or in equity to efllt ce its rights puIsuant to his Sedion. 7 .5.lfthe invciced party bils to remit the full amornt payable when due, intercst on the unpaid ponion shall accrue ftom the date due until he date of payment at a rate equal to the lo er of (i) he hen-eHive prime rate of inte.est published under "Money Rates" by The Wall Sfeet Jormal, plus t\r'ro percent per annum; c (D he maximum applicable lar'/fu| interest Iale. 7.6. A party shall have he ,ighL at its o,vn epense, upon reasonable Notice and at Ieasmable times, to examine and audit and lo obtain copies of he relevant podbn of the b@ks, records, and telephone recordings of he oher party only to he extent reasonably necessary to veriry he acoJracy of any statemefll dlarge, payment, or comFtation made under he Conuact This rilht to e)Gmine. audit and to obtain copies shall not be availaHe wih resped to propdetary inhrmatbn not direcfy relevant to transadions under this Contract. All invoies and iillings shall be coodusiv€ly p.esum€d 6nal and accurate and all associated daims for under- or overpaymenB shall be deemed waived unless sucrr rnvoies or tillings are objected to in witing, with adequale explanation andor doarmentation, within tuo years after he Month of Gas delivery. All reuoaciive adjusEnents under Sedion 7 shall be pail in full by the party o,ving paymert within 30 Oays of Notice and substiantiation of suci inaccur"sy. 7.7. Unless the parties have eleded on the Base Contrad not to make lhis Sedion 7.7 applicable to u|is Conlract, the parties shall net all undisputed amounts due and owing, and/or past due. arisrng under the Contract such that the party owing the greater amount shall make a single payment of the net amount to the other party in accordance with Seclion 7: provided that no payment requirBd to be made pursuant to the terms of any Credit Support Obligation or pursuant to Seciion 7.3 shall be subjecl to netting under this Section. lf the parties have executed a separate netting agreement, the terms and conditions therein shall prevail to the exlent inconsistent herewith. SECTION 8. rFLE, wARRANw, AND rNDEMNrry 8.1 . Unless otheMise specifically agreed, title to the Gas shall pass ftom Seller to Buyer at the Delivery Point(s). Seller shall have responsibility for and assume any liability with respecl to the Gas prior to its delivery lo Buyer at the specified Delivery Point(s). Buyer shall have responsibility for and assume any liability with respect to said Gas afrer its delivery to Buyer at the Oelivery Point(s). 8.2. Seller wanants that il will have the right to convey and will transfer good and merchantable title to all Gas sold hereunder and delivered by it to Buyer, free and clear of all liens, encumbrances, and claims EXCEPT AS PROVIDED lN THIS SECNON 8.2 AND IN SECTION 15.8, ALL O]HER WARRANTIES, EXPRESS OR IMPUEO. INCLUDING ANY WARMNTY OF MERCFIANTAEILITY OR OF FITNESS FOR ANY PARNCULAR PURPOSE, ARE DISCLAIMED. 8.3.Seller agrees to indemniry Buyer and save it harmless from all losses, liabilities or claims including reasonable anomeys' fees and costs of courl ("Claims"), from any and all persons, adsing from or out of cJaims of title, personal injury (rncluding death) or property damage from said Gas or olher charges thereon which attach before tiue passes to Buyer. Buyer agrees to indemniry Sdbr and save it harmless ftom all Claims, from any and all persons, arising from o. ojt of daims regarding paFent, personal iniury (including death) or property damage fiom said Gas o( oher dlarges thereon whi$ attacfi afrer ti0e passes b Buyer. 8.4. The parlies agree lhat the delivery of and the transfer of tiue lo all Gas under this Contract shall take place within the Customs Territory of the United States (as defined in general note 2 of the Harmonized Tariff Schedule of the United States 19 U S.C. 51202, General Notes, page 3): provided, holt ever, that in the event Seller took title to the Gas oulside the Customs Tenitory of the United States, Seller represents and wanants thal it is the importer of record for all Gas entered and delivered inlo the United States, and shall be responsible for entry and entry summary filings as well as the payment of duties, taxes and fees, if any, and all applicable record keeping requirements. 8.5.Not, ihstanding the oher prorisions of his Sedifi 8, as between Selle{ and Buyer, Seller will be liabb for all Chims to he extent hat sudr arise from the failure of Gas ddi\€red by Seller to meet the quality requirements of Seciion 5 SECTION 9.NOTICES 9.1 . All Transacton Confirmaiions, invoices. payment instructions, and other @mmunications made pursuant to the Base Contraci C'Notices") shall be made to the addresses spec.ified in writing by the respective parties from time to time. 9.2.All Notices required hereunder shall be in writing and may be sent by facsimile or mutually acceptable electronic means, a natronally recognized overnighl courier service, first class mailor hand delivered 9.3.Notice shall be given when received on a Business Oay by the addressee ln the absence of proof of the actual receipt date, the following presumptions will apply. Notices sent by facsimile shall be deemed to have been received upon ihe sending party's receipt of rts facsimrle machine's confrmation of successful transmission. lf the day on which such facsimile is received is NAESBStandard63l September 5. 2006 Copy.ight @ 2006 Nonh Ame.ican Energy Standards Board, lnc AllRights Reserved Page 7 of 13 not a Business Oay or is afrer five p.m. on a Business Day, then such facsimile shall be deemed to have been received on the next following Business Day. Notice by ovemight mail or courier shall be deemed to have been received on the next Business Day after it was sent or such earlier time as is confirmed by the receiving party Notice via first class mail shall be considered delivered five Business Days after mailing 9.4.The party receiving a commercrally acc€ptable Notice of change in payment instructons or other payment informaton shall not be obligated to implement such change until ten Business Days afler receipt of such Notice. SECTION 10. FrNANcIALRESpoNSrBruw 10.1 . lf either party ('X") has reasonable grounds for insecurity regarding the performance of any obligation under this Contract (whether or not then due) by the other party ('\^) (including, without limitation, the occurrence of a material change in the creditworthiness of Y or its Guarantor, if applicable), X may demand Adequate Assurance of Performance. 'Adequate Assurance of Performance" shall mean sufficient seqJrity in the form, amount, for a term, and from an issuer, all as reasonably acceptable to X, incJuding, but not limited to cash, a standby inevocable letter of credit, a prepayment, a security interest in an assel or guaranty Y hereby grants to X a continuing first priority security inlerest in, lien on, and right of setoff against all Adequate Assurance of Performance in the form of c€sh transfened by Y to X pursuant to this Seclion 10 1 . Upon the retum by X to Y of such Adequate Assurance of Performance, the security interest and lien granted hereunder on that Adequate Assurance of Performance shall be released automatically and, to the extent possible, without any further action by either party. 10.2. ln the event (each an "Event of Oefault") either party (the "Oefaulting Party") or ils Guarantor shall: (i) make an assignment or any general anangement for lhe benefit of seditors. (ii) file a petition or otherwise commence, authorize, or acquiesce in the commencement of a proceeding or case under any bankruptcy or similar law for the protection of qeditors or have such petition filed or proceeding commenced against it; (iii) otheMise become bankrupt or insolvent (however evidenced); (iv) be unable to pay its debts as lhey fall due; (v) have a receiver, provisional liquidator, conseNator, custodian, trustee or other similar official appointed with respect to it or substantially all of its assets; (vi) fail to perform any obligatron to the other party with respec{ to any Credit Support Obligations relating to the Contract; (vii) fail to give Adequate Assurance of Performance under Section 10 1 within 48 hours but at least one Business Day of a written request by the other party; (viii) not have paid any amount due the other party hereunder on or before the second Business Day following written Nolice thal such payment is due; or ix) be the affeded party with respect to any Addilional Event of Oefault; then the other party (the "Non-Defaulting Partyl shall have the right. at its sole elec{ion, to immediately withhold and/or suspend deliveries or payments upon Notice and/or to terminate and liquidate the transaclions under the Contract, in the manner provided in Section 10.3, in addition to any and all other remedies available hereunder. 10.3. lf an Event of Default has o@urred and is continuing, the Non-Oefaulting Party shall have the right, by Notice to the Defaulting Party, to designate a Day, no earlier than the Oay such Notke is given and no later than 20 Days afrer such Notice is given. as an early termination date (the'Early Termination Date') for the liquidation and termination pursuanl to Sedion 10.3 1 of all transadions under the Contracl, each a "Terminated Transaciion". On the Eady Termination Date, all transaciions will terminate, other than those transaclions, if any, that may not be liquidated and terminated under applicable law ("Excluded Transaclions'), which Excluded Transactions must be liquidated and terminated as soon thereaner as is legally permissible, and upon termination shall be a Terminated Transaction and be valued consistent with Section 10.3.1 below- With respect to eactr its actual termination date shall be the The parties have solected either "Early Termination Damages Apply" or "Early Termination Oamages Do Not Apply" as indicated on the Base Contracl 10.3.1. As of the Early Termination Date, the Non-Defaulting Party shall determine, in good hith and in a commercially reasonable manner, (i) the amount owed (whether or not then due) by each party with respect to all Gas delivered and received between the parties under Terminated Transaclions and Excluded Transactions on and before the Eady Termination Oate and all other applicable charges relating to such deliveries and receipts (including without limitation any amounts o,ved under Seclion 3.2), for which payment has not yet been made by the party that owes such payment under this Contracl and (ii) the Market Value, as defined below, of each Terminated Transaction The Non-Oefaulting Party shall (x) liquidate and accelerate each Terminated Transaction at its Market Value, so that each amount equal to the ditference between such Market Value and the Contract Value, as defined below, of such Termrnated Transaction(s) shall be due to the Buyer under the Termrnated Transaction(s) if such Martet Value exceeds the Contract Value and to the Seller if the opposite is the case; and (y) where appropriate. discount each amount then due under clause (x) above to present value in a commercially reasonable manner as of the Early Termination Date (to take account of the period between the date of liquidation and the date on which such amount would have otherwise been due pursuant to the relevant Terminated Transactions). For purposes of this Seclion 10 3'1, "Contract Value'means the amount of Gas remaining to be delivered or purchased under a transaction multiplied by the Contracl Price, and "Market Value" means the amount of Gas remaining to be delivered or purchased under a transaction multiplied by lhe market price for a similar transaction at the Delivery Point determined by the Non-Defaulting Party in a @mmercjally reasonable manner. To ascertain the Market Value, the Non-Defaulting Party may consider, among other valuations, any or all of the settlement prices of NYMEX Gas futures contracts, quotations ftom leading dealers in energy swap contracts or physical gas trading markets, simrlar sales or purchases and any other bona fide lhird-party offers, all adjusted for the length of the term and drfferences in transportatron cosls. A party shall not be requrred to enter into a replacement transaction(s) in order to determine the Market Value Any exlension(s) of the term of a transaction to which pa(res are not bound as of the Eariy not be considered in determinino Contract Copyright @ 2006 North American Ene.gy Standards Board, lnc All Rights Reserved Page I of 13 NAESBStanda.d63l September 5.2006 Market Values. For the avoidance of doubt, any option pursuant to which one party has the right to extend the term of a transaction shall be considered in determining Contract Values and Market Values. The rate of interest used in calculating net present value shall be delermined by lhe Non-Defaultinq Partv in a commerciallv reasonable manner Early Termination Oamaqes Do Not Apply: 10.3.1 As of the Eady Termination Date, lhe Non-Oefaulting Party shall determine, in good faith and in a commercially reasonable manner, the amount owed (whether or not then due) by each party with respect to all Gas delivered and received between the parlies under Terminated Transactions and Exc.luded Transactions on and before the Early Termination Oate and all other applicable charges relating to such deliveries and receipts (including without limitation any amounts owed under Sec{ion 3 2), for which oayment has not vet been made bv the oartv that or,t es such oavmenl under this Contract. The parties havs selected either "Other Agreement Setoffu Apply" or "Other Agreement Setoffs Do Not Apply" as indicated on the Base Contracl Other Aqreement Setoffs ADDIy: Bilateral Setoff Option: 10.3.2. fhe Non-Defaulting Party shall net or aggregate, as appropriate, any and all amounts owing between the parties under Seclion 10.3.1, so that all such amounts are netted or aggregated to a single liquidated amount payable by one party to the other (the "Net Settlement Amount'). At its sole option and without prior Notice to the Defaulling Party, the Non-Defaulting Party is hereby authorized to setoff any Net Settlement Amount against (i) any margin or olher collateral held by a party in connection wilh any Credit Support Obligation relating to the Contract: and (ii) any amount(s) (including any excess cash margin or excess cash collateral) owed or held by the party that is entitled to the Net Settlement Amount under any other agreement or anangement between the parties. Triangular Setoff Option: 10.3.2 The Non-Defaulting Party shall net or aggregate, as appropriate, any and all amounts owing between the parties under Seclion 10.3.1, so that all such amounts are netted or aggregated to a single liquidated amount payable by one party to the olher (the 'Net Settlement Arnount"). At its sole option, and without prior Nolico to the Oehulting Party, the Non-Oefaulting Party is hereby authorized to setoff (i) any Net Settlement Amount against any margin or other collateral held by a party in connection with any Credit Support Obligation relating to the Contract: (ii) any Net Settlement Amount against any amount(s) (induding any excess c€sh margin or ex@ss cash collateral) orred by or to a party under any other agreement or anangement between the parties; (iii) any Net Settement Amount o,ved to the Non-Oefaulting Party against any amount(s) (including any excess cash margin or excess cash collateral) o,ved by the Non-Defaulting Party or its Affiliates to the Oefaulting Party under any other agreement or arrangement: (iv) any Net Settlement Amount owed to the Defaulling Party against any amount(s) (including any excess c€sh margin or excess cash collateral) owed by the Defaulting Party to lhe Non-Oefaulting Party or its Affiliates under any other agreement or arrangement: and/or (v) any Net Settlement Amount owed to the Defaulting Party against any amount(s) (including any excess c€sh margin or excess cash collateral) owed by the Defaulting Party or its Affiliates to the Non-Oefaulting Party under anv other aoreement or ananoement. Other Aqreement Setoffs Do Not Apply: 10.3.2. The Non-Defaulting Party shall net or aggregate, as appropriate, any and all amounts or/ing between the parties under Sedion 10.3.'1. so that all such amounts are netted or aggregated to a single liquidated amount payable by one party to the other (the "Net Settlement Amount'). At its sole option and without prior Notice to lhe Defaulting Party, the Non-Defaulting Party may setoff any Net Settlement Amount against any margin or olher collateral held by a party in connecrion with any Credit Support Obliqation relatino to the Contract 10.3.3. lf any obligation that is to be included in any netting, aggregation or setoff pursuant to Section 1032 is unascertained. the Non-Oefaulting Party may in good faith estimate that oblgation and net, aggregate or setoff, as applicable, in respect of the estimale. subject to the Non-Defaulting Party accounting to the Oefaulting Party when the obligation is ascertained. Any amounl not then due which is included in any netting, aggregation or seloff pursuant to Sedion 10.3.2 shall be discounted to net present value in a commercially reasonable manner determined by the Non-Defaulting Party. 10.4. As soon as practicable afrer a liquidation, Notice shall be given by the Non-Oefaulting Party to the Defaulting Party of the Net Seflement Amount, and whether lhe Net Settlement Amount is due lo or due ftom the Non-Defaulting Party. The Notice shall indude a written statement explaining in reasonable detail the calculation of the Net Settlement Amount, provided that failure to give such Notice shall not affecl the validity or enforceability of the liquidation or give rise lo any daim by the Oefaulting Party against the Non-Oefaulting Party The Net Settlement Amount as well as any setoffs applied against such amount puGuant to Section 10.3.2, shall be paid by the close of business on the second Business Day following such Notice, which date shall not be earlier than the Early Terminalron Date. lnterest on any unpaid portion of he Net Sette.nent Arnount as adiusted by sebfs, shall accrue hom the date due until fle date of payment at a rate equal to he lolt€r of (i) he then€ffedive prime rate of inteGst published under "Money Rates" by The Wall Street Joumal, dus tv,o percent per annum: or (iD he maximum applhaue lawful inter€st rate. 10.5. The parlies agree that the transaclions hereunder constitute a "foMard contract' within the meaning of the United States Bankruptcy Code and that Buyer and Seller are eadr "foMard contracl merchants" wilhin the meaning of lhe United States Bankruplcy Code 10.6. The Non-Defaulting Party's remedies under this Seclion 'lO are the sole and exclusive remedies of the Non-Oefaulting Party with respecl to the occurrence of any Early Termination Date. Each party reserves to ilself all olher rights. setoffs, counterclaims and other defenses lhat it is or may be entitled to arising from the Contrac{. NAESBStandard63l Seplember 5, 2005 Copyright @ 2006 Nodh American Ene.gy Standards Boa.d, lnc AllRqhts Reserved Page 9 of 13 10.7. With respect to thrs Section 10, rf the parties have executed a separate netting agreement with close-out nettrng provrsions, the terms and conditions therein shall prevail to the extent inconsislent herewith. SECTION 11. FoRcE MAJEURE 11 .1 . Except with regard to a partys obligation to make payment(s) due under Sec{ion 7, Section 10.4, and lmbalance Charges under Sedion 4, neilher party shall be liable to lhe other for failure to perform a Firm obligation, to the extent such failure was caused by Force Majeure The term "Force Majeure" as employed herein means any cause not reasonably within the control of he party claiming suspension, as furlher defined in Sedioo 11.2. 11.2. Force Majeure shall include, but not be limited to, the follo,ving: (i) physical events such as acts of God. landslides, lightning, earthquakes, fires, storms or slorm warnings, such as hunicanes, which result in evacuation of the affecled area, floods, washouts, explosions, breakage or a@ident or necessity of repairs to machinery or equipment or lines of pipe: (ii) weather related events affecting an entire geographic region, such as low temperatures which cause freezing or failure of wells or lines of pipe; (iri) interruption and/or curtailment of Firm transportalion and/or slorage by Transporters; (iv) acts of others such as strikes, lockouts or other industrial disturbances, riots, sabotage, insuneclions or wars, or acts of lenor: and (v) govemmental ac{ions such as necessity for compliance with any court order, law, statute, ordinance, regulation, or policy having the effec1 of law promulgated by a governmental authority having jurisdiclion. Seller and Buyer shall make reasonable effo(s to avoid the adverse impacls of a Force Majeure and to resolve the event or o@unence once it has o@urred in order to resume performance. 1 1 .3. Neither party shall be entitled to the benefit of the provisions of Force Majeure to the extent performance is affected by any or all of the following circumstances: (i) the curtailment of interruptible or secondary Firm transportation unless primary, in-path, Firm transportation is also curtailed; (ii) the party daiming excuse failed to remedy the mndition and to resume lhe performanc€ of such covenants or obligations wilh reasonable dispatch: or (iii) economic hardship, to indude. without limitation, Selle/s ability to sell Gas at a higher or more advantiag@us price han the Contrad Price, Buye/s ability lo purcfiase Gas at a loner or more advantageous price than the Contract Pnce, or a regulatory agency disallo,\ring, in whole or in part. the pass through of costs resulting ftom this Contrad; (iv) the loss of Buye/s market(s) or Buye/s inability to use or resell Gas purchased hereunder, except, in either case, as provided in Section 11 2; or (v) the loss or hilure of Selle/s gas supply or depletion of reserves, except, in either case, as provided in Sedim 11.2. The party claiming Force Majeure shall not be excused from its responsibility for lmbalance Charges. 11.4. Notwithstanding anything to the contrary herein, the parties agree that the settlement of stdkes, lod(outs or other industrial disturbances shall be within the sole discretion of the party experiencing such disturbance. 11.5. The party lvhose performance is prevented by Force Majeure must provide Notice to the other party lnitial Notice may be givon orally; hor.rever, writlen Nolice wth reasonably full partiqJlars of the event or ocarnence is required as soon as reasonably possible. Upon providing written Notice of Force Majeure to the other party, the afiected party will be relieved of its obligation, ftom the onset of the Forc€ Majeure event, to make or accept delivery of Gas, as applicable, to he extent and for lhe duration of Force Maieure, and neither party shall be deemed to have failed in su€fi obligEtions to the other during sudl occunence or event. '11 .6. Notwithstanding Sections 1'1.2 and 1 1.3, the parties may agree to alternative Force Majeure provisions in a Transaction Conlirmation executed in writing by both pa(ies. SECTION 12. TERM This Contracl may be terminated on 30 Day's written Notice, but shall remain in effed until he e4fration of the latest Delivery Period of any transadion(s). The rights of eithe. party puEuant to Sedion 7.6, Sedion 10, Sedion 13, he oblEations to make payment hereunder, and the obligation of either party to indemniry tf|e ou|er, pursuant hereto shall suMve the termination of the Base Contrad or any transadion. SECTION 13. uMrrAroNS FOR BREACH OF ANY PROVISION FOR VvFllCH AN EXPRESS REMEOY OR MEASURE OF DAt\itAGES lS PROVIDED. SUCH EXPRESS REMEDY OR MEASURE OF DAIVIAGES S}iAI.J. BE THE SOLE AND EXCLUSIVE REMEOY. A PARTYS UABILITY HEREUNOER SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION, ANO ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EOUITY ARE WAIVEO, IF NO REMEDY OR MEASURE OF OAMAGES IS EXPRESSLY PROVIOED HEREIN OR IN A TRANSqCNON, A PARryS LIABILIT SHALL BE UMITED TO OIRECT ACTUAL DAMAGES ONLY. SUCH OIRECT ACTUAL OAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEOY. ANO ALL OTHER REMEDIES OR OAMAGES AT LAW OR IN EQUITY ARE WAIVEO UNLESS EXPRESSLY HEREIN PROVIOEO, NEITHER PARTY SMLL BE LIABLE FOR CONSEQUENTIAL, INCIOENTAL, PUNITIVE, EXEMPLARY OR INOIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTMCT, UNDER ANY INDEMNIry PROVISION OR OTHER\A/ISE. IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES ANO THE MEASURE OF DAMAGES BE WTHOUT REGARO TO THE CAUSE OR CAUSES RELAIEO THERETO, INCLUDING THE NEGUGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JO|NT OR CONCURRENT. OR ACTIVE OR PASSIVE. TO THE EXTENT ANY OAIVIAGES REQUIRED TO BE PAIO HEREUNDER ARE LIOUIOATEO, THE PARNES ACKNOWLEDGE T}IAT THE OAMAGES ARE DIFFICULT OR IMPOSSIBLE TO OETERMINE, OR OTHERWSE OBTAINING AN ADEOUATE REMEOY IS INCONIVENIENT AND THE DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASOMBLE APPROXIUIATION OF THE I.iARM OR LOSS Copyright @ 2006 North American Ene.gy Standards Board, lnc.NAESBSlandard63l September 5, 2006All Rights ReseNed Page 10 of 13 SECTION 14. MARKETDrsRUProN lf a Market Disruption Event has occurred then the parties shall negotiate in good faith to agree on a replacement price for the Floating Price (or on a method for determining a replacement price for the Floating Price) for the affected Day, and if the parties have not so agreed on or before the second Business Day following the affecled Day then the replacement price for the Floating Price shall be determined within the next two following Business Oays with each party obtaining, in good faith and from non- affiliated martet participants in the relevant market, two quotes for prices of Gas for the affected Day of a similar quality and quantity in the geographical location dosest in proximity lo the Oelivery Point and averaging the four quotes. lf either party fails to provide two quotes then the average of the other party's two quotes shall determine the replacement pric€ for the Floating Price. "Floating Price" means the price or a factor of the price agreed to in the transaclion as being based upon a specified index. "Markel Oisruption Event" means, with respect to an index specified for a transaction, any of the following events; (a) lhe failure of the index to announce or publish information necessary for determining the Floating Price; (b) the failure of trading to commence or the permanent discontinuation or material susp€nsion of trading on the exchange or market acting as the index; (c) the lemporary or permanent disconlinuance or unavailability of the index; (d) the temporary or permanent closing of any exchange acting as the index; or (e) both parties agree that a material change in the formula for or the method of determining the Floating Price has occurred. For the purposes of the calc-tilation of a replacement price for the Floating Price, all numbers shall be rounded to three decimal places. lf the fourth decimal number is five or greater, then the lhird decimal number shall be increased by one and if the fou(h decimal numberis less than fve, then lhe third decjmal number shall remain unchanged. SECTIONl5. MIScELLANEoUS 1 5.1 . This Contract shall be binding upon and inure to he benefit of the successors, assigns. personal representatives, and heirs of the respeclive parties hereto, and the covenants. conditions. rights and obligations of this Contract shall run for he full telm of this Contrad. No assignment of this Contract, in ntDle or in pad, will be made wihout lhe pnor written consent of the non-assigning pany (and shall not relieve he assigning party ftom liaulity hereunder), whicfi consent will not be unreasonably withheld or delayed: provided, either party may (i) transfer, sell, pledge, enoJmber, or assign this Contrad or the accounts, revenues. or proceeds hereof in conneclion with any financing or oher financial anangements, or (ii) transfer its interest to any parent or Afrliate by assignment, merger or otheMise without the prior approval of the other party. Upon any such assignment. transfer and assumptjon, the transferor shall remain principally liable b and shall not be relieved of or disciarged from any ouigatons hereunder. '15.2. lf any provision in this Contracl is detemined to be invalid, void or unenbrceable by any couri having iudsdirion, sucfi deteminaton shall not invalidate, void, or make unenbrceable any other pro,,ision, agr@ment or @venant of this Contract 15.3. No yrai\rer of any breacfi of his Contracl shall be held to be a waiver of any other or subsequent breac'l. '15.4. This Contract sets forth all understandings bet\^,een the panies respeding eacfi transadion subjed hereto, and any pdor contrads, understandings and representations, wheher oral or wntten, relaling to such hansa€tions are merged into ard supers€ded by this Cortrad and any efiedive transactixl(s). This Cont"act may be amended only by a Miting exeorted by boh parties. 15.5. The interpretation and perfomance of this Contraci shall be goremed by he lavtts of the judsdiciir as indicated on he Base Contract. eduding, ho,vever, any conflicl of laws rule whi$ r,\ould apply he law of another jurisdiction. 15.6. This Contract and all provisions herein will be subiecl to all appli€ble and valid statutes, rules, orde6 and regulations of any governmental autho.ity having jurisdidion over the parties, their fucilities, or Gas supply, this Contraci or transadion or any provisions thereol 15.7. There is no third party benefciary to this Contftrct. 15.8. Eadl party to this Contrad Gpresents ard urarants hat it has full and complete authority to enter into and perficrm this Contract. Each person who exeojtes this Contrad on behalf of either party rep.esents and wanants hat it has full and cornplete authonty to do so and that such pady will be bound thereby. 15.9. The headings and subheadings contained in this Contrad are used solely br convenience and do not constiMe a part of Uis Contract bet\,veen the parties and shall not be used to consbue or interpret the povisions of his Contrad 1 5.10. Unless the padies have eleded on the Base Contract not to make I s Seclirxr 15.10 applicable to this Contract, neither party shall disdose directy or indirecdy without the prior wdtten consent of the other pariy the terms of any transadion to a thid party (other than the employees, lendeB, oyalty ourners. @unsel. accountants and other agents of he party, or prospective purciasers of all or substantially all of a parvs assets or of any nghts under his Contract, provided sudr persons shall have agreed to keep sucfi lerms confidential) except O in order lo comply with any apdicable law, order, regula$on, or exchange rule, (i0 to the extent necessary for the enforcement of this cont'ad , (iiD to the exlent necessary to implement any transaction, (iv) to the exlent necessary to comply wilh a regulato.y agenc/s reEDrtng requiremenB induding but not limited to gas cost recovery proceedings: or (v) to the extent such inbrmation is delivered to sudr hird party for the sole purpose of caloJlating a published index. Each party shall notry the other party of anyprceding of whici it is atvare which may resutt in disdosure of the terms of any t ansadion (other than as permitted hereunder) and use reasonable efforts to prevent or limit the disdosure The existence of lhis Contract is not subjed to this confidentiality obligation- Subjecl to Sedion 13, the parties shall be entited to all remedies available at law or in equity to enirrce, or seek relief in connedion with this confidentality obligation. The terms of any transaction hereunder shall be kept confidential by the parties hereto for one year ftom the expiration of the lransaclion ln the event that disclosure is required by a governmental body or applicable law, the party subject to such requirement may disclose the malerial lerms of this Contract to the extent so required, but shall promptly notify lhe olher party, prior to disclosure. Copyright @ 2006 North American Energy Standards Board, lnc All Rights ReseNed Page 11 of 13 NAESBStandard63'l September 5, 2006 and shall cooperate (consistenl with the disclosing party's legal obligations) with the other party's effo(s to obtain protective orders or similar restraints with respect to such disclosure at the expense of lhe other party. 15.11. The parties may agree lo dispute resolution procedures in Special Provisions attacied to the Base Conlracl or in a Transaction Confirmaiion execuled in writing by both parties 15.12. Any original executed Base Contracl, Transaclion Confirmation or other related document may be digitally copied, photocopied, or stored on computer tapes and disks (the "lmaged Agreement"). The lmaged Agreement, if introduced as evidence on paper, the Transaction Confirmation, if introduced as evidence in automated facsimile form, the recording, if introduced as evidence in its original form, and all computer records of the foregoing, if introduced as evidence in printed format, in any judicial, arbitration, mediation or administrative proceedings will be admissible as between the parties to the same a(ent and under the same conditions as other business records originated and maintained in dooJmentary form. Neither Party shall object to the admissibility of the recording, the Transaclion Confirmation, or the lmaged Agreement on the basis that such were not originated or maintained in documentary form. Hor€ver, nohing herein shall be construed as a waiver of any other objection to the admissibility of such evidence. OISCLAIMER: The pulpo€ss of ths Cont-ad are to hcjlitate tr-ade, avord mbundeGlandings and make more definte the terms of contrads of purEhase and sale of natural gas Furfie. MESB does not mandate he use of his Conr'ad by any pa.ty NAESB OISCLAIMS ANO EXCLUOES, AND ANY USER OF THIS CONTRACT ACKNOWLEOGES ANO AGREES TO NAESB'S OISCLAIMER OF, ANY AND ALL WARRANTIES, CONDINONS OR REPRESENTANONS, EXPRESS OR MruED, ORAL OR WRITTEN, wllH RESPECT TO IHIS CONTRACT OR ANY PART THEREOF. INCLUOING ANY AND ALL IMPUEOWARRANTIES OR CONDMONS OF NTLE NON.INFRINGEMENT, MERCHANTASIUTY, OR FITNESS OR SUITABIUTY FOR ANY PARNCULAR PURPOSE (WHETHER OR NOT NAESB KNOVVS, HAS REASON TO KNOW HAS BEEN AOVISEO, OR IS OTHERVVTSE IN FACT AWARE OF ANY SUCH PURPOSE), WHET}IER ALLEGEO TO ARISE BY LAW BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF OEAUNG. EACH USER OF ]HIS CONTRACT ALSO AGREES THAT UNOER NO CIRCUMSTANCES wlLL NAESB BE UAALE FOR ANY OIRECT,INCIOENTAL, EXEMPLARY, PUNITIVE OR CONSEOUENTIAL DAMAGES ARISING OUT OF ANY USE OF THIS CONTRACT. Copyright O 2006 North Americ€n Energy Standards Board, lnc All Rights Reserved Page 12 of t 3 NAESBStandard63l September 5, 2006 TRANSACTION CONFIRMATION FOR IMMEDIATE DELIVERY EXHIBIT A This Transaction Confirmation is subject to the Base Contract between Seller and Buyer dated terms of thrs Transaction Confirmation are binding unless disputed in writing within 2 Business Oays of receipt unless otheMise specified in the Base Contract. Contract Price: $ /MMBtu or Delivery Period: Begin: Performance Obligation and Contract Quantity: (Select One) _ MMBtuVday Maximum subjecl to Sectron 4.2. at election of i Buyer or Seller (lf a pooling point is used, list a specific geographic and pipeline location)i Copyright @ 2006 Nodh American Energy Standards Board, lnc. All Rights Reserved Page 13 of 13 NAESSStandard63l September 5, 2006 Date; Transaction Confirmation #: End: FP Special Provisions - US Basdd EXHIBIT B SPECIAL PROVISIONS TO 2006 BASE CONTRACT FOR SALE AND PURCHASE OF NATURAL GAS (NAESB) Between the City ofVernon, CA ('Party A") And Freepoint Commodities LLC ('Party B") Datedl!s@4L!9.!l! The terms and conditions set fo(h in this Exhibit B shall supplement and form part of the Base Contract and shall govem with respect to any conflicting or inconsistent provision in the Base Contract. Except as amended herein, the Base Contract shall remain in full force and effect. To facilitate the use of these Special Provisions wilh the Base Conract and the Ceneral Terms and Conditions incorporated therein, Section references below correspond to Section references in the General Terms and Conditions. AMENDMENTS TO BASE CONTRACT GENERAL TERMS AND CONDITIONS: SECTION I.PURPOSE AND PROCEDURES (A) Section 1.2 (Oral Transaction Procedure) is amended as follows: immediately after the parenthetical in the third to last line, insen the words, "or provide for Altemative Dam€6 a Termination Option, or altemative Force Majeure provisions". (B) The last sentence of Section I .3 is amended by inserting the words "absent manifest enor" at the end of clause (i). SECTION 2.DEFINITIONS (A) Section 2. l2 ("Cover Standard") is amended by. deleting the parenthetical on the third line. Section 2.35 C'Transporte(s)") is amended by insening (i) ", storage" after the word *gathering" in the first line; and (ii) the words "or storing" after the word "transponing" in the second line. In Section 2, Definitions, add the following definition: 2. I l. I "Costs" means, with rcspect to the Non-Defaulting Party, costs including, but not limited to, brokerage fees, commissions, and other similar third party transaction costs and expenses reasonably incuned by such party in terminating any transaction. SECTION E.TITLE, WARRANTY, AND INDEMNITY (A) [n Section 8.2, on the first line, add an "(a)" after the word "that" and, at the end ofthe first sentence, add the following: "and (b) Buyer is not first purchaser ofthe Cas." (B) Add the following new Section 8.6 at the end ofSection 8: "8.6 Each party represents and warrants to the other party that (a) it is acting for its own account and has made its own independent decision to enter into this Base Contract and each transaction (including any Transaction Confirmation accepted in accordance with Section 1.3), and as to whether this Base Contract and each such transaction (including any Transaction Confirmation accepted in accordance with Section 1.3) is appropriate or proper for it based upon its own judgment; (b) it is not relying upon the advice or recommendations of the other party in so doing, and is capable of assessing the merits of and understanding, and understands and accepts, the terms, conditions and risks o[ this Base Contract and each transaction (including any Trdnsaction Confirmation accepted in accordance with Section l.i); (c) it is not relying on any unique or special expertise of the other party and it is not in any special relationship of mrst or confidence with respect to the other party: (d) it has, and is representatives have, the authority to enter into this Base Contract and any Transaction hereunder, and (e) it shall comply with all applicable laws and shall not require the other parry to take any action that would cause it ro fail to comply with any applicable law." (B) (c) SECTION IO.FINANCIAL RESPONSIBILITY (A) (B) The second sentence of Section l0.l is amended by deleting "a security interest in an asset". Section 10.2 is amended by: (a) in the ninth line, (i) inserting the words "or otherwise" after the word "hereunder", and (ii) deleting the word "or" after "payment is duei" and (b) in the tenth line, inserting the following after "Additional Event of Default": "or (x) breach any material representation or warranty made in the Base Contract or in any Credir Support Obligations relating to the Base Contract." ln Section 10.3.2, insen after "Section 10.3.1" on the second line, the words "plus all Costs." ln Section 10.5, insert (i) "and/or a swap agreement for purposes of, and" after "forward contract", (ii) ", master netting agreement participants and./or swap participants for purposes of, and" following "forward contract merchants" and (iii) at the end ofthe paragraph, insert, "The panies acknowledge and agree that the preceding sentence is not an agreement or an admission by the parties that any Transaction is a swap or swap agreement for any other purpose (including, without limitaiion, for purposes of the Commodity Exchange Act)." (c) (D) (A) Section line. (B) SECTION I].MARKET DISRUPTION 14, Market Disruption, is amended by replacing "other pany's two quotes" with "quotes provided" in the seventh SECTION 15. MISCELLANEOUS (A) Section l5.l is amended (i) in the sixth line by inserting the phrase "ofequal or greater creditworthiness" following "Affiliate." Section 15.3 is amended by adding the following sentence to the end thereof: "No delay or omission by a party in the exercise o[any right hereunder shall be construed as a waiver or relinquishment thereof." Section 15. l0 is amended in the third line by (i) insening "party's A fli liates and the party's and its Affiliates" following "other than the" and (ii) deleting "ofthe party" following "and other agents". Section l5.l I is deleted and replaced with the following: Is.It EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY SUIT, ACTION, CLAIM OR PROCEEDING RELATING TO THIS CONTRACT. EACH PARTY SUBMITS TO THE NON.EXCLUSIVE JURTSDICTION OF THE STATE AND FEDEML COURTS LOCATED INCALIFORNIA. COUNTY OF LOS ANGELES, FOR ANY ACTION OR PROCEEDING RELATINC TO THIS BASE CONTMCT OR ANY TRANSACTION, AND EXPRESSLY WAIVES ANY OBJECTION IT MAY HAVE TO SUCH JURISDICTION OR THE CONVENIENCE OF SUCH FORUM. Add the following new Section at the end ofthe Base Contract: t5.t3 Corrections to Published Prices. For purposes of determining the relevant prices for any day, iIthe price published or announced on a given day and used or to be used io determine a relevant price is subsequently corrected and the correction is published or announced by the person responsible lor that publication or announcement, eirher pany may notiry the other party of(i) that conection and (ii) the amount (ifany) that is payable as a result of that corection. Ifa party gives Notice that an amount is so payable, the party that originally either received or retained such amount will, no later than ten days after the effectiveness of that Notice, pay, subject ro any applicable conditions precedent, to the other pany that amount, together with interest at the rate set forth in the Base Contract, for the period liom and including the day on which payment originally was (or was not) made to but excluding the day of payment of the refund or payment resulting lrom that conection. (c) (D) (E) IN WITNESS WHEREOF. the parties hereto have executed this Base Contract, including these Special Provisions in duplicate City of Vernon, CA Freepoint Commodities LLC By:- Name: Title: Name: Title: MUNICIPAL RIDER to the Base Contract for Sale and Purchase ofNatural Gas (NAESB Standard 6.3.1,2006) ("Base Contract") entered into by and between Freepoint Commodities LLC ((Freepoint") and the City ofVernon, CA ("Government Entity") and dated as of August 24, 2016 The following revisions to the Base Contract are made to apply to the City of Vernon, CA (the "Govemment Entity"): I . The following is added as new Section 8.7: "Govemment Entity warrants and covenants that with respect to its contractual obligations hereunder and performance thereol it will not claim immunity on the grounds of sovereignty or similar grounds with respect to itself or its revenues or assets from (a) suit, (b) jurisdiction of court (including a court located outside the jurisdiction of its organization), (c) relief by way of injunction, order for specific performance or recovery of property, (d) attachment of assets (whether before or after judgment), or (e) execution or enforcement of any judgment to which immunity it or its revenues or assets might otherwise be entitled in any suit, action or proceeding in the courts of any jurisdiction and irrevocably agrees that it will not claim any such immunity in any such suit, action or proceeding." 2. In Section 10.2, the following are added as additional Events of Default with respect to Oovemment Entity: "or (xi) have appointed or designated with respect to it, an entiry such as an organization, board, commission, authority, agency or body to monitor, review, oversee, recommend or declare a financial emergency or similar state of financial distress with respect to it; or (xii) declare or introduce or propose for consideration by it or have any legislative, judicial or regulatory body with competent jurisdiction over it declare or introduce or propose for consideration by it, the existence ofa state of financial emergency or similar state offinancial distress in respect of it." 3. The following sentence shall be added to the end of Section I 1.3: "With respect to the Covemment Entity, Force Majeure does not include any action taken by the Covemment Entity in its govemmental capacity." 4. The following sentence is added to the end ofSection 15.8: "Govemment Entity represents and warrants that it has taken all necessary action and made all necessary determinations and findings to authorize due execution, delivery and performance of this Contract (including, but not limited to, competitive bidding, public notice, election, referendum, prior appropriation or other required procedures that are required pursuant to the Covemment Entity's ordinances, bylaws or other regulations). Govemment Entity funher reprcsents and warrants that it has obtained all governmental and other consents that are required to have been obtained by it with respect to this Contract or any guaranty to which it is a party and all necessary consents have been obtained and are in full force and effect and all conditions of any such consents have been complied with." 5. The following sections are added to the end ofSection l5: t)cll6Et79l Page I of3 6. " 15. l4 Notice of Incioient Illeqaliw. If an Incipient lllegality occurs, the Govemment Entity will, promptly upon becoming aware of it, notifr Freepoint of such lncipient Illegality, specifoing the nature ofthat Incipient Illegality and willalso give such other information about that [ncipient lllegality as Freepoint may reasonably require. 15.15 Term. The term of any transaction under this Contract shall not extend beyond any applicable limitation imposed by any enabling act or other relevant constitutional, organic or other goveming documents or applicable law. 15.16 The Government Entity represents to Freepoint, that the Govemment Entity's obligations to make payments hereunder are unsubordinated obligations and such payments are (a) operating and maintenance costs (or similar designation) which enjoy first priority of payment at all times under any and all bond ordinances or indenturcs to which it is a party, any enabling act and all relevant constitutional, organic or other goveming documents and applicable law or (b) otherwise not subject to any prior claim under any and all bond ordinances or indentures to which it is a party, the enabling act and all other relevant constitutional, organic or other goveming documents and applicable law and are available without limitation or deduction to satisry all Governmental Entity obligations hereunder and under each transaction or (c) to be made solely from a fund or account ofthe Governmental Entity set aside and or pledged to satisry the Govemmental Entity's obligations under this Contract for the entire Delivery Period." The following definition shall apply to this Municipal Rider: "lncipient Illegality" means (a) the enactment, by any legislative body with competent jurisdiction over Govemment Entity, of legislation which, if adopted as law, would render unlawful (i) the performance by such Covemment Entity ofany absolute or contingent obligation to make a payment or delivery or to receive a payment or delivery in respect ofa transaction or the compliance by such Covemment Entity with any other material provision of this Contract or (ii) the performance by Government Entity of any contingent or other obligation which the Govemment Entity has under any credit enhancement relating to such transaction, (b) any assertion in any proceeding, forum or action by a Govemment Entity, in rcspect of Govemment Entity or in respct of any entity located or organized under the laws of the state in which Govemment Entity is located to the effect that performance under this Contract or similar agreements is unlawful or (c) the occurrence with respect to a Government Entity or any Guarantor ofsuch Covemment Entity ofany ofany event that constitutes an illegality." The following language shall be added after the last paragraph ofSection 15.10: 'Notwithstanding the foregoing, the City of Vernon represents to Freepoint that it is a municipality and it may be required to disclose certain information regarding the terms of any transaction hereunder between the parties to the public as part of its approval process or pursuant to other applicable law, including but not limited to the California Public Records Act (Gov't Code gg 6250 et seq.). Ifthe City ofVernon, or is required by law to disclose, information conceming this Base Contract or the terms of any transaction hereunder, City ofVemon will promptly notiry Freepoint thereof and ofthe nature of the request or requirement and City of Vernon's interpretation of the applicable disclosure requirements. Freepoint may at its sole expense to seek a protective order or other appropriate remedy to prevent or limit disclosure if Freepoint so elects." 1. Page 2 of 3 IN WITNESS WHEREOF the parties have executed this Municipal Rider on the respective dates specified below with effect from the date specified on the first page of the Special Provisions. Freepoint Commodities LLC City of Vernon, CA By:By' Date: I I Name: Title: Name: Title:Date: I / Page 3 of3 RECEIVED sEP 13 2016 CIIY CLERK'S OIFICE [R.ECEIVED sEP 0I 2016 CITY ADMINISTRATION STAFF REPORT eq-w HUMAN RESOURCES DEPARTMENT DATE: TO: FROM: RE:Adoption of City of Vernon Revised Personnel Policies and Procedures, Salary Plan Administration II-3 RecommendationA. Find that approval of the proposed action is exernpt from Califomia Environmental Quality Act ('CEQA) review, because it is an administrative maintenance activity that will not result in direct physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378. B. Adopt the attached revised Personnel Policy and Procedure, Salary Plan Administration Policy II-3 and incorporate it into the Personnel Policies and Procedures Manual; and C. Authorize the City Administrator and the Director of Human Resources to execute and distribute the above-referenced policy to all ernployees. Backqround The Human Resources Departrnent is responsible for maintaining and managing the City's Personnel Policies and Procedures Manual. During recent labor negotiations, performance based merit increase criteria were mutually agreed upon that is inconsistent with current policy language. The Labor Unions were provided with an opportunity to comment on the proposed revisions. The proposed revisions align the policy and reflect the changes on the newly adopted Mernoranda of Understanding, and establish similar standards for non-represented ernployees. Fiscal Impact There is no budget impact. Attachment(s)l. Salary Plan Administration Policy II-3 September 20,2016 Honorable Mayor and City Council Lisette Michel Grizzelle, Interim Human Resources Directot{fi|: Page I of I City of Vemon, Califomia Human Resources Policies and Procedures Director of Human Resources City Administrator Number: II-3 Effective Date: SUBJECT: SALARYPLANADMINISTRATION PURPOSE: To describe the Salary Plan and provide basic guidelines for Plan administration. DEF!NITION: The term Salary Plan includes the City pay schedules and the means by which pay is adjusted, such as merit, promotional and reclassification increases, demotional decreases and differential payments. Computation of Pay: The following formulas shall be used when determining salary rates identified in the salary schedules: Fiftv-six (56) Hour Week Personnel (a) The stated'monthly rate" multiplied by 12 equals the "annual rate" (b) The "annual rate" divided by 2,912 equals the "hourly rate" (c) The "hourly rate' multiplied by 1 12 equals the "biweekly rate" Fortv (40) Hour Shift Personnel (a) The stated "monthly rate" multiplied by 12 equals the "annual rate" (b) The "annual rate" divided by 2080 equals the "hourly rate" (c) The "annual rate" divided by 26 equals the "biweekly rate" Number: II-3 Eflective Date: The formula herein shall be City Councilmembers to said officers: (a) The stated "monthly rate" multiplied by 12 equals the "annual rate" (b) The "annual rate" divided by 26 equals the "biweekly rate" POLICY: Employees are paid on a bi-weekly basis. lf the payday falls on a non- business day, paychecks will be issued the previous business day. 1. Basic Pav Policv of the CiW: Within limitations of the meet and confer process and financial ability of the City, to provide: a. Equal pay for substantially equal work performed under similar conditions. b. Differences in pay based on compensable factors including recognizable differences in work performed, responsibilities assigned, experience, and qualifications required. This policy is intended to attract, retain, and motivate highly qualified staff that are necessary to enable the City of Vemon to discharge its obligations to the community with regard to the quality and timeliness of services provided. Based on the desire of the City Council to provide high quality services and leadership to the community and management to the organization, the compensation policy should be postured to pay market average c.gmpensation levels at a minimum, with an ideal of paying employees at the 75' percentile of the applicable labor market. To th aff shall make available to the CitvAdministrator pay, thp salary grade at the 75fr percentile of t The 75'' percentile will be one of several intemal and extemal factors that the City will use to consider appropriate compensation. 2. Pil&ed&,s,: Pay schedules are listings of classes by Bargaining Unit or unrepresented grouping, with monthly salary ranges assigned to the class. The ranges have from 1-5 salary steps (increments) with each step approximately 5% greater than the preceding step. Classes excluded from the Classified Service (l.e., Department Heads), do not have specific salary steps and may range from a minimum to a maximum salary rate. rrovided for the City Administrator, City Attomey and amounts without considering the hours worked by Number: II-3 Effective Date: Classes in the Special Classes section (,.e., Trainee) may have one or more hourly rates, one flat monthly salary rate, or a pay range within one step. 3. Plan Maintenance: The Human Resources Director shall be responsible for maintenance of the Salary Plan and shall prepare all revisions to the Plan for approval by the City Administrator and City Council. Revisions may include adjustments to fringe benefits and salary range of a class or group of classes based on: a. lntemal pay comparisons between classes. b. Prevailing rates of pay in the labor market. c. Employee recruitment and/or retention problems. d. Negotiations with represented or non-represented employees. Revisions shall become effective the first pay period after City Council approval or the recommended date approved by City Council. New job classes and salary ranges shall not be added to the Plan during the yearly budget preparation process without the review and @ncurrence of the Human Resources Director, Finance Director, and City Administrator (see policies ll-1 and ll-2 for expanded treatment). 4. Placement within a Salarv Ranqe: The City Administrator has broad authority to approve placement of employees (those being hired as well as existing City employees) to any higher step within the established salary range for a particular position based upon merit, or to meet unique recruiting/retention needs within a particular Department. a. Uoon lnitial Aopointment - Original appointment to any position in a job class shall be made at the minimum or first step of a salary range for thatjob class. A department head may, as authorized by the City Administrator, appoint at mid-range of a salary range when: 1) An applicant's experience, training, knowledge, skills, and abilities are substantially over and above the requirements of a job class and other applicants or, 2) A critical shortage of suitable applicants exists and a higher step is required to fill a vacancy. lnitial compensation at the step above mid-range and higher in a salary range requires approval by the Human Resources Director and City Administrator in each instance. 3 b. Number: II-3 Efective Date: Uoon Promotion - An employee promoted from a position in one class to a position in another class with a salary range having a higher maximum rate of pay shall advance to the closest higher step within the new salary range that would provide a minimum ol a 5Yo increase, not to exceed the maximum of the range. Uoon Reclassification (see Policv ll-2) 1) Uoward Reclassification - An employee promoted or reclassified from a position in one class to a position in another class with a salary range having a higher maximum rate of pay shall be entitled to the closest higher step within the new salary range that would provide a minimum of a 5o/o increase, not to exceed the maximum of the range. 2)Downward Reclassification - An employee in a position reclassified to a new or existing class with a lower maximum salary rate shall either: a) b) c) d) Retain cunent salary rate if it is the same as a step within the salary range ofthe new class; or Be placed on the next highest step within the salary range ofthe new class that approximates the cunent salary if the cunent salary is between steps in the new salary range; or Be reduced to the maximum step of the salary range of the new class if cunent salary is greater than the maximum rate of the new salary range; or Be assigned a "Y" rate (red circle) designation that holds the incumbent at a current salary which is above the new range until such time as the salary rate of the new class is the same as or exceeds the amount of the "Y" rate. Establishment of a"Y' rate is an administrative determination and requires approval of the Department Head, Human Resources Director, and City Administrator. 3)Lateral Reclassif icatiol - An employee in a position reclassified to anew or existing class with a salary range having the same maximum salary rate, shall retain cunent salary rate. c. Uoon Transfer - An employee transfened from a position in one job class to a position in the same or parallel job class having the same maximum rate ofpay, whether in the same or another department, shall receive the same salary step in the new range as held in the former position. An employee's eligible merit increase date shall not change. 4 Number: II-3 Effective Date; s. f. h. I Uoon Reinstatement and Re-Emolovment 1) After Militarv Service - An employee retuming from an approved military duty leave of absence (temporary or regular active duty) shall be placed at the equivalent salary rate that had been attained prior to leave. 2) After Lav-Off - A full-time employee, reinstated within 12 months of lay-off to a position in the job class previously held, shall be placed on the same salary step that had been attained prior to lay-off. 3) After Voluntarv Resiqnation - An employee reinstated, within 12 months of voluntary resignation, to a position in the job class previously held shall be placed on the same salary step that had been attained prior to voluntary resignation. Uoon Demotion - An employee demoted to a job class with a salary range having a lower maximum rate of pay because of less than satisfactory performance, disciplinary reasons, or the employee's own request, may be placed on the step closest to, but not more than, the salary range equal to the employee's current rate of pay. Such step determination shall be made by the Department Head and approved, in advance, by the Human Resources Director and City Administrator. Uoon Uoward Salarv Ranoe Chanoe - An employee in a job class wherethe entire salary range is adjusted shall be compensated at the equivalent to one step greater in the new salary range than he/she was receiving in the previous salary range, not to exceed 5% increase, but not less than the first step in the new salary range subject to City Administrator and City Council approval, and the City's financial ability to pay. Uoon Addition of a Step to a Salarv Ranqe - An employee in a job class where the number of steps in a salary range is increased by the addition of one or more steps to the top or bottom of the existing salary range shall: 1) Retain cunenl salary and step when an additional step is added to the top of the salary range. Step advancement shall be at the next review date in lieu of any special agreement with employee and/or bargaining unit. 2) Retain current salary but have step number changed when the additional step is added to the bottom of the salary range. Adiustments in Salarv Ranoes: General adjustments in salary ranges made hereafter by virtue of increases or decreases shall be made by adjusting classes upward or downward to the appropriate standard salary range. 5 Number: II-3 Efective Date: 5. Where the salary range for a given class or for several classes is revised upward or downward, the employees holding positions in classes afiected shall have their existing salary adjusted to the same relative step in the new salary range provided. Advancement Within a Salarv Ranqe: Effeclive Date - The effective date of a salary step (merit) increase shall be effective the beginning of the first full pay period in Julv immediatet {eltewing eempegen-e++ne+ime-and performance requirements specifi ed in the Personnel Policies and Procedures Performance Evaluation lV-1. b Merit lncreases - All salary advancements within a salary range for a job class shall not be automatic but shall be based upon merit and ability as recorded on a performance evaluation form and upon the financial ability of the City to make such advancements. Please refer to Personnel Policies and Procedures Performance Evaluation lV-1 for additional policy. a Julv. Progression to succeeding steps does not convey or imply any employment or other rights beyond a wage increase. d. - Temporary employees are hired at out their employment as temporary employees. e.f. Temoorarv Assionments and Actino Pav - Part-time employees and full-time employees who are employed in a temporary or acting job classification with a higher salary range may be appointed at Salary Step 1 or a higher salary step in order to provide a minimum 5% salary increase. f.q. Aoorentice/Trainee Proqrams - Salary step increases for apprentice/ traineeprograms shall be based on the Program's criteria for such step increases. - Part-time employees worked of 2080 hou - ln the event that a promotion, to be effective on the same date that an employee is eligible for consideration for a step increase, he/she shall first receive the step increase if approved. Sc Freouencv of Merit lncreases for Full-time Emolovees - Employees may be granted a merit increase to the next step of the salary range at yearly (26 pay periods) intervals of continuous sa+rsia€t€ry above averaqe / exceeds standard until the maximum salary rate is attained. effective Julv. Any variances to understanding. 6 6. Number: II-3 Efective Date: Hi. Comoensation for Portion of Pay Period - An employee serving on a full- time basis who works less than a full bi-weekly pay period, except when on authorized leave of absence with pay, shall receive as compensation for such period an amount equal to the number of hours worked times the employee's hourly rate. The number of hours worked in such bi-weekly pay period shall include paid holidays. - When an employee has not standard rating for performance on the job during department head shall defer the salary step (merit) period, the period of time that may extend to the next review date not to exceed one year. lf the department head declines to recommend an annual salary step (merit) increase, the department head shall state his/her reasons in a written evaluation of the employee's job performance for the period in which such performance is being evaluated; such evaluation shall be reviewed by the department head with the employee and a copy of the evaluation forwarded to the City Administrator and Director of Human Resources. When in the judgment of the department head, the employee has at any time thereafter eamed a merit increase, he/she shall so recommend in writing to the City Administrator. Upon written approval by the City Administrator, the employee shall advance to the next higher step in the salary range and receive a new salary anniversary date. Employees shall be notified in writing of denial of a merit increase on or beforethe effective date of the employee's evaluation, as outlined in the City's Performance Evaluation Policy. lf the employee is not notified on or before his/her evaluation date, the employee shall be considered to have met the minimum required sa+rating for performance on the job during the revi (merit) step in accordance to applicable annual salary Supplemental Pav Provisions: a. Salarv Differentials - lndividual employees may receive additional pay (either a dollar amount or percentage) above base salary when assigned additional duties and responsibilities not normally found in their class, when assigned to positions that entail a specified hazardous condition, when possessing a special talent or ability utilized by the City, or hold certain certificates for ed ucational achievement. After approval by the City Administrator and Director of Human Resources, premium pay as defined below shall be assigned to persons found to possess on a regular or temporary assignment such additional duties and responsibilities or whose positions entail certain hazards as to wanant this salary step over the base class. 1. 5% Premium Pav - A temporary 5yo increase in pay shall be given to increase for a specified 7 Number: II-3 Effective Date: employees during periods when they temporarily assume some of the duties of higher level job classes. Upgrade pay does not apply for short term absences or vacation coverage (2 weeks). 2. 10% Premium Pav - A temporary 107o increase in pay shall be given to employees when in the judgment of the Department Head and concurence with the City Administrator they temporarily assume more higher and complex additional duties and responsibilities not normally found in their class. Upgrade pay does not apply for short term absences or vacation coverage (2 weeks). 3. Notarv Public Certification Pav - A 2.5o/o increase in base pay shall be given to employees who are designated by the City Administrator (excluding City Clerk) to perform notary public services on behalf of the City Exceptions, additions and/or limitations to this basic policy conceming salary differentials may be found in the respective Memoranda of Understanding. d.Overtime - All full-time, non-exempt employees, by the provisions of the Fair Labor Standards Act (FLSA), who perform authorized work in excess of his/her normal work period, shall be compensated for such work at the rate of 1.5 times the regular hourly rate of pay. The City Administrator, department heads, and those management employees designated as exempt by the provisions of the Fair Labor Standards Act (FLSA), shall not be subject to overtime compensation, but shall work such hours as may be necessary for the effective operation of their respective deparlments. Exceptions and/or limitations to this basic policy conceming overtime work after certain hours are found in the Overtime Policy or respective Memoranda of Understanding\. All fulltime, non-exempt employees, by the provisions of the Fair Labor Standards Act (FLSA), may request compensatory time off for overtime worked in lieu of cash payment, calculated by multiplying the number of hours of overtime worked by one and one-half, and subject to approval by the department head; provided, however, that accrued compensatory timeoff at any point in time does not exceed the maximum allowed in accordance with the Overtime Policy, Compensatory Time or respective Memoranda of Understanding. Call Time - Call time shall be that period of time other than regulady scheduled working time, when an employee at the direction of the department is on standby duty, is required to remain in the immediate area, and is available to receive and respond to calls for emergency service. A e. Number: II-3 Efective Date: e. Exceptions and/or limitations to this basic policy conceming Call-Time are found in the respective Memoranda of Understanding. Emerqencv Premium Pav - Full-time, part{ime and temporary employees will be compensated at time and a half (1.5x) for all time worked beyond their regular work schedule in a day due to a state of emergency being declared by either the City Council or City Administrator. Exceptions and/or limitations to this basic policy conceming Emergency Premium Pay are found in the respective Memoranda of Understanding. Court Time Pav - An employee subpoenaed to testify in court in a matter arising within the course and scope of his/her City employment shall be given paid leave to appear during on duty hours. Off duty hours shall be compensated at the applicable pay rate. Exceptions and/or limitations to this basic policy conceming Court Time Pay are found in the respective Memoranda of Understanding. o f,f ggtrrP-3 EIYCTIR:{,S 1].ICI RECETVED sEP r 2 20t6 C Y ADMINISTRATION STAFF REPORT l tt-tvHUMAN RESOURCES DEPARTME DATE: TO: FROM: RE: September 20,2016 Honorable Mayor and City Council Lisette Michel Grizzelle, Itrterim Human Resources Oir""torfu-h, Adoption of City of Vernon Revised Personnel Policies and Procedures, Performance Evaluation IV-l RecommendationA. Find that approval of the proposed action is exempt from Califomia Environmental Quality Act (*CEQA) review, because it is an administrative maintenance activity that will not result in direct physical changes in the environmant, and therefore does not constitute a "project" as defined by CEQA Guidelines section 153 78. B. Adopt the attached revised Personnel Policy and Procedure, Performance Evaluation Policy IV- l and incorporate it into the Personnel Policies and Procedures Manual; and C. Authorize the City Administrator and the Director of Human Resources to execute and distribute the above-refererced policy to all ernployees. Backeround The Human Resources Department is responsible for maintaining and managing the City's Personnel Policies and Procedures Manual. During recent labor negotiations, performance based merit increase criteria were mutually agreed upon that is inconsistent with current policy language. The Labor Unions were provided with an opportunity to comment on the proposed revisions. The proposed revisions align the policy and reflect the changes on the newly adopted Memoranda ofUnderstanding, and establish similar standards for non-represented ernployees. Fiscal Imoact There is no budget impact. Attachment(s) I . Performance Evaluation Policy IV- I Page I of I SEP I 3 :J.: City of Vemon, California Human Resources Policies and Procedures Director of Human Resources City Administrator SUBJECT: Number: IV-l Efeaive Date: PERFORMANCE EVALUATION PURPOSE: To provide a systematic method for the evaluation, recording and improvement of the work effectiveness of employees. POLICY: All part-time and full-time employees shall have their job performance evaluated on a systematic, scheduled basis. Timing of such performance appraisals will depend on the status of the employee, and the type of personnel action involved. RESPONSIBILIT]ES Basic responsibility for effective administration of the performance evaluation system shall be in the individual departments with the Human Resources Department providing support services. STANDARDS Each department is expected to develop and use performance standards covering the various job classes utilized in its department. These performance standards should reference the quantity and quality of work, the manner in which service is rendered, and such characteristics that shall measure the value of individual employees in those job classes. Employees shall be informed of such performance standards prior to the beginning of any evaluation period for which such standards are being used. PREPARATION All employees shall have their job performance evaluated by their immediate supervisor on a systematic, scheduled basis as listed below. Regular Full-time Employees - Employees in regular full-time positions will have their performance evaluated in accordance to the following schedule: Number; -LLL E"fective Date: General Employees o 3 Months after initial hire dateo 6 Months after initial hire date (Final Probation). 6 Months after Final Probation (Annual date) Safetv Emolovees o 3 Months after initial hire dateo 6 Months after initial hire dateo 12 Months after initial hire date (Safety Final Probation). Annually thereafter Review Date - The review date for performance evaluations shall be subject to adjustment for all non-paid work time absenc€s of 20 consecutive working days or more. Merit lncrease Evaluations - For employees in regular full-time positions of a job class whose salary range has steps other than a flat rate, the following schedule applies only when performance is sa$sfae{erya bove averaqe i exceeds standard. All salary advancements within a salary range for a job class shall not be automatic but shall be based upon merit and ability as recorded on a performance evaluation form and upon the financial ability of the City to make such advancements. . One step increase after completion of 12 months (2,080 hours) of service. o Each succeeding step to maximum rate after completion of 12 months (2,080 hours) of service from preceding step. effective on the first full pav period in J ulv.. Regular Part-time Employees - Employees in regular part-time positions will have their performance evaluated in accordance with the following schedule: o 3 Months after initial hire dateo 6 Months after initial hire date. Upon completion of 2080 hours worked.. Every 2080 hours thereafter Merit lncrease Evaluations - For employees in regular part-time positions of a job class whose salary range has steps other than a flat rate, the following schedule applies only when performance is_-€€{lsfa€tery -All salary advancements within a salary range for a job class shall not be automatic but shall be based upon merit and ability as recorded on a performance evaluation form and upon the financial ability of the City to make such advancements. Number: IV-l Efective Date: One Step increase after completion of 2,080 hours of service. effective on the first full oav period of Julv. Each succeeding step to maximum rate after completion of 2,080 hours of service from preceding ste - When an employee has not demonstrated the required performance on the job during the review re / exceeds standard rating for , the department head shall defer the salary step (merit) increase for a specified period of time that may extend to the next review date not to exceed one year. lf the department head declines to recommend an annual salary step (merit) increase,the depa(ment head shall state his/her reasons in a written evaluation of the employee's job performance for the period in which such performance is being evaluated; such evaluation shall be reviewed by the department head with the employee and a copy of the evaluation foruarded to the City Administrator and Director of Human Resources. When in the judgment of the department head, the employeehas at any time thereafter eamed a merit increase, he/she shall so recommend in writing to the City Administrator. Upon wriften approval by the City Administrator, the employee shall advance to the next higher step in the salary range and receive a new salary anniversary date. Employees shall be notified in writing of denial of a merit increase on or before the effective date of the employee's evaluation. lf the employee is not notified on or before his/her evaluation date, the employee shall be considered to have met the minimum required sa{rsfueteqf above averaqe / exceeds standard rating for performance on the job during the review period, and eligible for annual salary (merit) step in accordance to applicable policy. lnterim Evaluations - lnterim or supplemental evaluations may be initiated by a supervisor whenever the supervisor believes it to be in the best interest of the employee, supervisor, or department to do so. This type of evaluation is usually made whenever an employee's performance and/or work conduct has markedly changed since a previous evaluation, whenever an employee has failed to improve after a previous less than satisfactory evaluation, counseling or training. lnterim evaluations can also be used to commend an employee for consistent outstanding performance. All performance evaluations shall be recorded on the City Performance Evaluation form. Supplemental department specific evaluation forms and additional explanatory pages may be added as necessary to provide a complete evaluation. THE EVALUATION FORM The City of Vemon Performance Appraisal consists of the following sections: Part I - Key Results - This section is comprised of three subsections: (a) Objectives Nunber: IV-l Efective Date: Accomplished; (b) Additional Accomplishments; and (c) Unaccomplished Objectives. This information provides feedback to employees on key objectives developed at the beginning of the performance evaluation period. Supervisors compare the accomplishments with the planned objectives. The opportunity is also available to acknowledge accomplishments that exceeded the planned objective(s) or that were not achieved. This section has a direct relation to Part lV (Performance lmprovement Plan). Part ll - Job Behaviors - Job Behavior provides employees with the superviso/s observation of daily work habits and behaviors. Supervisors should use the whole evaluation period to determine the employee's behavior. Applicable behaviors are pertinent to those regularly performed activities. The behavior should have direct relationship to the completion of the planned objectives and daily work activities. Definition of Ratinqs Outstandino Performance - work performance is consistently and substantially well above the standard expected of a thoroughly competent worker. Performance is distinctly superior. Employee exceeds established work standards and objectives for the position. Employee responds well to change and handles unanticipated problems/situations well. lf the overall rating is outstanding the rater must give a wriften statement of factual substantiation for the rating. - Consistently fulfills work requirements for which employee is responsible. Employee often exceeds reasonable goals and objectives and regularly exceeds established work standards and objectives for the position. Responsive to change, handles emergency situations or unanticipated problems well. Makes creative use of time. up to the standard expected or a thoroush,, *;Y:[.?"I3fl"Tfi',i:i^iltJit:'11 Employee, for the most part, is able to establish and meet reasonable goals and objectives. Does not meet Standards / Need lmprovement / Below Standard - lmprovement is needed forthe work to be fully satisfactory. Added effort with additional training or experience probably will bring the performance up to the desired standard. An overall and continued rating of not meeting standards can be sufficient cause for disciplinary action. lf the overall rating is "Does not meet Standards," the rater must provide a written statement of factual substantiation for the rating. Part lll - Overall Performance - This section has a direct conelation with Parts 1 and 2. After developing and/or applying job standards and evaluating an employee's job performance, an overall evaluation rating is to be given. There is no formula for determining this overall rating. The supervisor has to consider the employee's 4 Number: IV-l Efective Date: performance against the standards of performance expected of all individuals performing those duties in the department to make this decision. The overall rating should be consistent with the employee's completion of major objectives and their regular work behavior. Part IV - Performance lmprovement Plan - The Performance lmprovement Plan provides the employee with a plan to aid in improvement and conecting deficiencies that will assist in their development toward satisfactory performance. The plan should be specific and employee should be able to complete the plan objectives/goals during the next evaluation period. The plan must be completed when employees are deficient and there are major obstacles for achieving a satisfactory performance evaluation. Action can include completion of courses and/or change in behavior. Supervisors should refer to documented incidents that are causing problems in performance. Unsatisfactory improvement and lack of accomplishment of the performance improvement plan can be sufficient cause for disciplinary action. Part V - Goals and Objectives for Next Performance Appraisal Review Period - During the evaluation process, the supervisor must discuss with the employee the key objectives to be acc,omplished during the next evaluation period. Supervisors should consider the goals of the division or department and how the employee's job performance will affect their achievement. Employee comments and recommendations are encouraged. This portion of the evaluation should be periodically discussed with the employee during the evaluation period. Supervisors are to refer to the planned objectives when completing Part I (Key Results) at the end of the evaluation period. Part VI - Employee's Comments and Signature - The employee's signature is an acknowledgment that the performance appraisal was discussed. The signature does not necessarily mean that the employee agrees with evaluation content. lf there is a refusal to sign a performance evaluation, the supervisor shall note on the performance evaluation the refusal of the employee to sign. The employee may enter remarks in the space provided or attach a separate written response specific to the evaluation within ten calendar days of the employee's receipt of the Performance Evaluation. Performance Evaluations shall also contain the signatures of the rater, reviewer and/or department head. Upon completion of the department review, an employee shall receive a copy of the performance evaluation and the department may place a copy in an intemal file. The Human Resources Department will review completed evaluations, as appropriate, and will maintain the original evaluation in the employee's personnel file. 5 PROCEDURE: Responsibility Human Resources Supervisor Department Head Attachment: 'l .Performance Appraisal Form 2.Executive Performance Appraisal Form Nunber: I V-l Efective Date: Action Provides the evaluation date for each employee to the department and monitors the timeliness of the evaluation, especially for the end of probation and training periods.Maintains each employee's performance appraisal history in his/her personnel file. Assists in the development of job related standards for each job classsupervised; completes the performance appraisal accurately and objectively on the basis of observation and/or knowledge of an employee's work; reviews and obtains approval of performance appraisals within the appropriate departmental line of authority; conducts the evaluation interview with an employee. Develops job related standards for each job classification in the department; receives and/or distributes performance appraisal forms to the appropriate supervisors; reviews completed evaluations. Approves and signs each completed performance appraisal and forwards to Human Resources Department Submits appropriate Personnel Action Form (PAF) to the Human Resources Department if merit increase for performance is applicable. 1. 2. 3. 4. 5. 6 CITY OF VERNON PERFORMANCE EVALUATION PARTI-I(EYRESUTTS OUECTIVES ACCOMPUSHEO List the specific Boals and objectives accomplished by the employee during this rating period, compared with those established in the previous evaluation. ADDITIONAI. ACCOMPTISI{MENTTS List any additional goals and objectives that were accomplished and exceeded the planned objectives. UNACCOMPTISHED OBJECTIVES Ust the specific toals and objectives that were not accomplished by the employee during this rating period. Employee Name Rating Period From To Position Title Department Typc ol Evaluation E 3 months E 6 months E annual E Special Part ll - JOB BEHAVIORS JOB BEHAVIORS MTINGS AR€ INDICATED gY "X" MARKINGS (9z 2 ,o o 2 E,4 PEts; Use comme s space to des€ribe employee's strengths and weaknessB. Give examples of tood wort and areas for improvement. QUANNW AMOU]VT OF WORT PERFORMED (Employee performs wort ofwhat is required. Employee gives his/tE. ben effort.) COMPI.ENON OF WORT OT{ SCHEDUTT {EmDlovee comDletes his/her assimment5 timelv.l COMMENTS QUALITY ACCURACY (Wo* perfonied is consistendy accurate.) EATT{ESS OF WORT PRODUCTS (Complet€d wori is neat and oderly.) THOROU6H|{EsS (wo* isdone in a complete manner requiring no follow-uE.) WRTIEN E(PRESSIO'{ lEmployee's written woal is clear, concis€, and accurate.) COMMENTS WORK HABITS OBSERVAI{CE OF WORKING HOURS (Employee 8ives the requ'red time to thetob ) ATTENDANCE (Employe€'s presence on theJob is considered normal ) SAFETY (Employee p€rforms work safely and uses equipment ProPe.tY ) coMPUA CE W]I]t WOR|( |NSTRUCIIONS (Employee performs work bared on established pro.edures and special lnnructions.) ORDERLINESS IN WORT (Employee's work isSenerally done |n an orderly,loSical manner & work area is kept in an organired manner,) JOB INTEREST (EmDlovee show3 an overallinterest in h|s/h€r iob,l COMMENTS ADAPTABILITY PERFORMANCE W]TH MI'{IMUM I'{STRUCNOJ{S (The employee adaptsto changes inwort situations & accepts new procedures ) IN]TATIVE AND PROBTEM SOTVII{G (Employee initiates c.€ative & effective solutbns to oroblem5.) COMMENTS PART ll - JOB BEHAVIORS (continued) PART III - OVERATT EVALUATION OF PERFORMANCE JOB BEHAVIORS RATINGS AR€ INDICATED gY "X" MARKINGS z z o o o 2 E =3eE H; Use commenB space to descrtbe employee's strenStft s and weaknesses. Give eramples of good wor* and areas for improvement. PERSO AT REI.ATIONS COOPERANON wlTH FEIIOW EMPI-OYEES (Employee worlswellwith peoph. He/she cooper.tes with othe6 to complete a task and/or provdes asststance. Employ€e deals effectivev u,ith the public& poftays a positive image.) ORAI. EIPRESSIO (Employee expresses hrms€lf/herself clearly and concrsely to @worte6 and the pubhc.) COMMENTS suPERVtSlOt{ PIAIU{ING, ASSIGT{I G AND GOAL SETNT{6 (The employee plansthe work of his/her stafi and effeclively communicates to h6/her subordinates. The work of their subordrnates fits intothe oveGllSoals and objectives otthe operation. Employee clearv provides instructions to his^er subordinates on their job duties.) EVATUAN G PERFORMA'{CE (Employee conducts performance evaluations thet are objective and completes subordinates' evaluation in a timely manner. Employee assists with developing subordinates, ) COMMENTS FAIRNESS AND IMPARTIAUTY (€mploye€ has reasonable epectations of his/her subordinates and treats each eouallv,l RATINGS ARE INDICATED BY "X" MARKINGS z z o 9 o 2 E =4:3 -u= OVERATL EVAIUATION PART IV - PERFORMANCE IMPROVEMENT PI.AN Please ldenttfy development action plans that can aid in improvtng dre employee's lob performance and career trowth. PART V - GOAI.S AND OBJECTIVES FOR NEXT PERFORMAI{CE EVATUATION RATING PERIOD List the specific toals and obiectivB to be accomplished in the next rerriew lleriod. They should be measurable and aBults oriented. PART VI - EMPTOYEE'S COMMENTS AND SIGNATURE The contents of this evaluation folm have be€n rqriewed by me. My comments are shos'n below, as applicable, retarding career toals and this perfomance et aluation. Employee's Signature: (Sisnature does not necessarily indicate agreement with evaluationt but does acknowledge that the evaluation was conducted.) Superviso/s Signature (Rater): Department Head's Signature: Date: Date: Eligible for Merit lncrease: E Yes E No E Paid at Maximum Rate Distribution: OriginaltoHumanResourcesDepartment One copy to Department One copy to Employee CITY OF VERNON EXECUTIVE PERFORMANCE EVALUATION PARTI-KEYRESUTTS OBJECTIVES ACCOMPTISHED List the specific goals and objectives accomplished by the Department Head during this rating period, as established in the previous evaluation. ADDITIONAT ACCOMPTISHMENTS List any additionalgoals and obiectives that were accomplished and exceeded the planned objectives. UNACCOMPTISHED OBJECTIVES List the specific goals and objectives that were not accomplished by the Department Head during this rating period. Employee Name Rating Period From To Position Title Department Type of Evaluation E3months ESmonths EAnnual E Special Part ll - JOB BEHAVIORS PERFORMANCE DIMENSIONS RATINGS ARE INDICATED BY "X" MARKINGS 2IF z69 zI F z E o =o z Use comments space to describe employee's strengths and weaknesses. Give examples of good work and areas for improvement. TEADERSHIP Has the Department Head led his/her department wfth ethics and hte8flty; insprred confidence throuSh action; and effectively carried out his/her responsibilities? DECISION MAI(ING, PROBTEM SOTVING AND ACCOUNTABILITY xas the oepanment xead made effective decisions; iolved problems in a positive manner; and accepted accountability for the decisions? COMMENTS TEAMWORK Has the Department Head buih and maintained positive teamwork among employees; promoted open communication; and coop€rated as a team member with the City Administrator, City Counciland other Department Heads? lNlnATlVE AND INNOVATION xas tre Department Head been proactive and creative in managint h is/her depa nment and resolvinB issues? COMMENTS MANAGERIAT PLANNING xas the Depanment Head anticipated future needs and problems; developed strategies, goals and obiectiver within a larger virion; and aligned plans with available resources? CUSTOMER SERVICE Hasthe Department head perionally and departmentally delivered quality customer service internally as well as externally? COMMENTS QUAtlW, qUANTITY AND TIMELINESS sas ttre Departmenl Head been productive and delivered assignments in a quality manner and on a timely basis? PERSONNET MANAGEMENT xas ttre oepanment head effectively selected, or8anized, directed, motivated, evaluated and disciplined employees? STAFF AND ORGANIZANONAT DEVETOPMENT Has the o€partment Head trarned and developed the competency and capabilities of hii/her employees; improved organizational performance; and fostered positive attitudes and behaviors? COMMENTS PART ll - JOB BEHAVIORS (continuedI PERFORMANCE DIMENSIONS RAIINGS ARE INDICITED BY "X" MARKINGS zI zI b o zIF E t- = 2 EI =o 2 Use comments space to describe employee's strentths and weaknesses. GiYe €xamples of good work and areas for improvement. MANAGEMENT Has the Department Head prepared accurate financial forecasts; developed solutions to revenue, expenditure, productivityand costcontainmentneeds; and economically administered departmental fi nances? BUDGET MANAGEMENT xas the Depanment Head effectively prepared, monitored and administered his/her departmental budSet? COMMENTS VERBAT COMMUI{ICAflONS Has the Depanment Head listened;shown understandinB; delivered clear ordl communications; and encouraged a climate for open discussion? WRITTEN COMMUNICATIONS xas ttre Department personally and departmentalV created concise, accunlte and understandable written communications? PRESE TATION SKILIS Has the Depanment Head delivered effective presentatrons that are brief and to the point, well prepared and are delivered with confidence and claritv? WORX RELATIONS Has the oepartment Head fostered positive relations with employees, the community, and other public agencies? CITY ADMII{ISTRATOR REI-ATIO S ras tte Department Head followed through on comftitments; maintained effedive communications; and fostered positive relations with the City Ad m inistrator? COUNCIt RELATIONS Has the Department Head developed and maintained a positMe workrng relationship with the City Counciland carried out its policy directions. COMMENTS RATINGS ARE INDICATED BY "X" MARKINGS zoF z^o zI EE Fa 3E E OVERALT MANAGERIAL PERFORMANCE EVALUAflON Taking into consrderation allof the performance dimeniions, the Department Head's overall performance rating for this period is: PART III - OVERALL EVAI.UATION OF PERFORMANCE PART IV - PERFORMANCE IMPROVEMENT PLAN Please identify development action plans that can aid in improvint the employee's iob performance and career trowth. PART V - GOATS AND OBJECNVES FOR NEXT PERFORMANCE EVATUANON RATING PERIOD List the specific goals and obiectives to be accomplished in the next review period. They should be measurable and results oriented, PART VI - EMPLOYEE's COMMENTS AND SIGNATURE The contents of this evaluation form have been reviewed by me. My comments are shown below, as applicable, regarding career toals and this performance evaluation. Employee's Signature: (Signature does not necessarily indicate agreement with evaluations, but does acknowledge that the evaluation was conducted.) City Administrator's Signature: Department Head's Signature:Date: 4 RECEIVED sEP 0'6 2016 CIIY CLERl{'S OFFICE ECEIVED sEP 0l 2016 CITY ADMINISTRATION @ q.utv POLICE DEPARTMENT Daniel Calleros, Chief of Police 4305 Santa Fe Avenue, VernorL Califomia 90058 Telephone (323) 587-5171 Eax (323) 8261481 September 1,2016 Honorable City Council City of Vernon Vernon, California Honorable Members: Attached are copies of the vemon Police Department Activity Log and Statistical Summary of Arrest and Activities which cover the period from 12:01 a.m., August 16,2016 up to and including midnight of August 31,2016. Respectfu lly submitted, VERNON POLICE DEPARTMENT Ar."-o A//- DANIEL CALLEROS CIIIEF OF POLICE DC/dr Eactusive ty hrlustli4t 0 0rR0R VERNON POLICE DEPARTMENT D epartment Activity Rep o rt Jurisdiction: vERNoN First Dale: 08/16/2016 Last Dote: ot/3't/2016 Depa ment Complaint Type Description All Units Primary Unit VPD 10-6 IG96H ,IG96M 140 2000'l 20002 20002R 2r ls 231108 212 2il6R 273.5 415 122R ,1594 ,159R 459S .r59VR 476R 4U 484R 147 503R 5150 586 586E 594 594R 602 602R 653MR 901 90'tT 9027 902TR 909C 909T 911 9114 9lINR 9174 92OPR 925 ABl09 AGTAR ASTVFD BOSIG BOVEH oFFtcER ts r06 c7.95'r.962.1G r0. WASH. EOUlPlr PICK UP THE JAIL PAPER WORK FROM HP JAIL ,IG96 MARY (ITIAIL DETAIL) SUPPLEMENTAL REPORT INJURY HIT AND RUN NONNNJURY HIT AND RUN NON-INJURY HIT ANO RUN REPORT SILENT ROBBERY ALARM FELONY MISSILE THROWNG AT A VEHICLE BATTERY SHOOTING AT AN OCCUPIED DWELLING OR VEH DOMESTIC VIOLENCE DISTURBING THE PEACE TERRORIST THREATS REPORT AUOIBLE BURGLARY ALARM BURGLARY REPORT SILEi[T BURGLARY ALARM BURGLARY TO A VEHICLE REPORT FF.AUD REPORT PETTY THEFT PETTY THEFT REPORT GRAND THEFT EMBEZZLEMENT REPORT SUBJECT wlTH MENTAL DISABILITIES PARKING PROBLEM PARKING ENFORCEMENT VANDALISM VANOALISM REPORT TRESPASS TRESPASS REPORT ANNOYING PHONE CALLS REPORT UNKNOWN INJURY TRAFFIC COLLISION INJURY TRAFFIC COLLISION NON.INJURY TRAFFIC COLLISION NON]NJURY TRAFFIC COLLISION REPORT TMFFIC CONTROL TRAFFIC HAZARO 911 MISUSE / HANGUP CONTACT THE REPORTING PARW 911 CALL NO RESPONSE REOUIRED ABANDONED VEHICLE LOST PROPERTY REPORT SUSPICIOUS CIRCUMSTANCES PROBATION / PAROLE COMPLIANCE CHECKS ATTEMPT GRAND THEFT AUTO REPORT ASSIST VERNON FIRE DEPARTMENT BROKEN SIGML OR LIGHT BROKEN DOWN VEHICLE 187 3 6 1 3 6I 3 2 4 2 3 31 2 99 15 3 8 1 9 11 4 1 3 27 4 11 5 21 1 2 1 16 78 2 1 7 10 30 3 6 4 48 2 2 19 3 17 174 2 5 I I 3 6 I I I I I 8 I 52 1 I 4 t 2 6 2t 4 4 4 7 I ,'' I 5 4t 2 I 4 5 l8 I 5 3 l6 I I 9 2ll 09/01nUO 05:12:22 Poge of VERNON POLICE DEPARTMENT D ep artment Activity Report Jurisdiction: vERNoN Firsl Date: o8/r6/2016 Lasl Dale: ogt31t2o16 Deparlmenl Complainl Typ" Desctiption A anits Primary Unit VPD CITCK CITATION CHECK CIVIL CIVIL MATTER COP COP DETAIL DEMOSTRA DEMONSTRATION DET OETECTIVE INVESTIGATION DETAIL OETAIL DPTAST OEPARTMENTAL ASSIST DUI ORIVING UNDER THE INFLUENCE DUI CKPT OUI CHECK POINT DUITRAFFIC OUI CHECK POINT TRAFFIC DUPLICATE TO BE USEO WHEN A CALL IS OUPLICATED FILING OFFICER IS 106 REPORT WRITING FOUND FOUNO PROPERTY REPORT FU FOLLOW UP GTAR GRAND THEFT AUTO REPORT HBC HAILED BYA CITIZEN IDTHEFT IDENTITY THEFT ID THEFT RPT IDENTITY THEFT REPORT ILLDPG RPT ILLEGAL OUMPING REPORT K9 TRAINING K9 TRAINING REMINDER. OBTAIN LOCATION KTP KEEP THE PEACE 6 6 6 7 18 8 9 5 2 6 1 59 4 14 12 11 2 1 2 2 3 4 3 4 6I 87 55 10 8 2 2 4 3 268 2 79 6 3 13 4 4 5 Ill 4 2 2 6 I 59 3ll l0 9 2 I I 2 I 4 J 2 3 6'^ 3l 9 3 I 2 2 2 202 I 60 5 3 5 LOCATE LOCATEO VERNON STOLEN VEHICLE LOJACK LOJACK HIT LPR LICENSE PLATE READER PANIC ALARM PANIC ALARIWDURESS ALARM PAPD PUBLIC ASSIST.POLICE PATCK PATROL CHECKPEDCK PEDESTRIAN CHECK PRSTMN PRISONERTMNSPORTEO REC RECOVEREO STOLEN VEHICLE RECKLESS DF RECKLESS DRIVING (23103) REPO REPOSSESSION RR RAIL ROAO PROBLEM SPEED SPEED CONTEST OR SPEEDING (23109) TMFFIC STOI TR,AFFIC STOP UNATTACHED UNATTACHED TRAILERVCK VEHICLE CHECK VEH RELEASE VEHICLE RELEASE WARMNT WARMNT ARREST WELCK WELFARE CHECK Deparlmenl:I {E8 l0t2 l0l3 09/UnU6 05:12:22 Overull:t488 Page of VERNON POLICE DEPARTMENT Police Activity Report Period Ending: 08/31/16 TRAFIIC COLLISIONS TOTAL NON-INJURY INJURY Pedestrian Fatalities City Property Damage Hit & Run (Misdemeanor) Hit & Run (Felony) Persons lnjured PROPERTY RECOVEREI) \TEHICLES: S364,900.00 PROPERTY RECOVERED FOR OTHER DEPARTMENTS VEHICLES: 526.171.00 NO. 30 2l 9 3 7 12 ll I 13 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 ARr6-02s8 CR16-r288 AR16-0262 CR16-1350 ARl6-0263 CRl6-1352 ARl6-0264 CRr6-1361 ARl6-0269 CRl6-r370 ARl6-0270 CRl6-1378 4 151 25 176 80 '70 1 s29.3 PC 11350 H&S 108s1(A) VC 11364 H&S 108s1(A) VC 484(A) PC VERNON POUCE DEPARTMENT REPORT FOR PER.SONS ARRESTED PERIOD ENDING 08/31/16 AND MALE FEMALE TOTAL ASSAULT WITH A DEADLY WEAPON BURGI.ARY EVADE PEACE OFFICER, WILLFUL GRAND THEFT: AUTO 2 z PERSONATE TO MAKE OTHER UABLE 1 1 ROBBERY WARMNT (VERNON CASE) WARRANT (OUTSIDE AGENCY)1 I TOTAL FELONY ARR.ESTS 3 1 4 ADULT MISDEMEANOR ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL BATTERY CONTEMPT OF COURT DRIVING UNDER THE INFLUENCE 1 1 PETTY THEFT 1 1 POSS. CONTROLLED SUBSTANCE 1 1 POSS. NARCOTIC PAMPHERNALIA 1 1 TRESPASSING WARMNT (VERNON OCSE)5 5 WARMNT (OUTSIDE AGENCY)1 1 TOTAL MISD. ARRESTS 10 0 10 MALE FEMALE TOTAL BURGLARY MINOR POSS. OF ALCOHOL VANDALISM VEHICLE THEFT WARRANTS (BENCH) TOTAL JUVENILES DET.o o 0 *** C]OBBEIqIED *** TOTAL FELONY ARRESTS (ADULT) TO DATE: TOTAL MISDEMEANOR ARRESTS (ADULT) TO DATE: TOTAL ]UVENII FS DETAINED (FELONY AND MISDEMEANOR) TO DATE: TOTAL ARRESTS AND DETAINED JUVENILES (FELONY AND MISDEMEANOR) TO DATE:273 o'a- c ; oiY?^iq!o)q?i,;I o F-F6rl{)I ::::99c! ('Fr(r)(t o(9.)('oi ci oi 6i o;O FOOO Flr)N o)(Dre: ecocDo) ooq?c\r nq?(D 6' at (r, (nooo oo {! a I.?o :l(.)cd(ril3o nI(,)qo!!tl2o5l(,td@(oF-@\rrNVrOa!ooroi@ooo\tooci c; oi o o .-I(' t(''b, -'b,\io lioqc, <o >@ o6 <@ !6:(.)rE E5 !R = ..) 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Y2 C:: t F-o@ij &ci;I ,i{?efsR NNR:lG'E6 F-6Q EH d^tr-= 6 C' \o =crrE o6 = qoa; zo ; r--(/DN i zo l5(/) tri=trrx EiD=uJ6 E fl,id*il=- ReSAUiteZqodE-6?>TU>G.> ! oooooYi 0-o-o-o.(L; >>>>> \\is* \J\ \.s>s'isrtqG sx * a s = \) !! .s!l\ \l zoztr UJ Ja \i L)os S B() S { \ tiq a) ;\l\ l\J \q)s F( LS$q s { -B\) F\ef.)\Rl\q Nl{aI {o \eoztr s 5 REGEIVED sEP t 3 2016 CIIY CLERKS OFFICE RECEIVED AUG 2 3 2016 CITY ADMINISTRATION STAFF REPORT 0( s-eFw VERNON POLICE DEPARTMENT DATE: TO: FROM: RE: September 20,2016 Honorable Mayor and Council Members Daniel Calleros, Chief of Police cl/ Office of Traflic Safety Grant Agreement Recommendation A. Find that granting authority to execute and submit the above-referenced agreernent and related documents is exernpt from Califomia Environmental Quality Act ("CEQA") review, because it is a continuing administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Authorize the City Administrator to execute an agreernent between the City of Vernon and the Office of Traffic Safety, in substantially the same form as submitted herewith, for participation in the Selective Traffic Enforcernent Program (STEP). Background The Vernon Police Department (VPD) has been granted a grant through the Office of Traffic Safety to participate in a Selective Traffic Enforcement Program (STEP). The goals of the program include reduce the number ofpersons killed and/or injured in traffic collisions, reduce the number ofpersons killed and/or injured in DUI related collisions, and raise public awareness about DUI enforcernent activities in the Los Angeles County region. In order to accomplish the goals of the program, agencies that participate in this program will be required to take part in various enforcement activities, including: saturation patrol details, motorcycle safety enforcement, distracted driving enforcement, pedestrian and bicycle enforcement, and DUI checkpoints. VPD staff will coordinate enforcement activities as required on an overtime basis. The VPD will receive reimbursement for a majority of the overtime related costs (benefits cost not included). The VPD has participated in this program for a number ofyears and has been successful attaining goals specifi ed. To participation in the program, law enforcement agencies are required to sign an agreement to receive reimbursement for personnel overtime costs. Reimbursements will be made within 90 days ofreceipt ofan invoice, activity log, and quarterly traflic collision reports. The term ofthis agreement shall remain in effect until September 30,2017 . Legal staff has reviewed and approved the proposed agreement as to form. Fiscal Impact There are sufficient overtime funds in the FY20l6-2017 VPD budget for participation in the STEP. The projected overtime reimbursement for the annual participation is approximately $70,000.00. Attachment(s) l. Copy of STEP agreement State of California - Oflice of Traflic Safety GRANT AGREEMENT - Page I OTS-38 (Rev 4/16) GRANT NU[IBER PT17l39 I GRAM TITLE SELECTTvE TRAFFTc ENFoRcENTEN'T PRocRAM (STEP) NA E OF AGENCY CITY oF VER,\oN 4. GRANT PERIOD From: l0/l/16 To:9130117 AGENCY UNIT TO AD}II\ISTIR GRANT VE RN0N PoLICE DE PARTtrIEN.T 3. 5. GRANT DEscRrPrroN Best practice strategies will be conducted to reduce the number ofpersons killed and injured in traffic collisions involving impairment and other primary collision factors. The funded strategies may include enforcement operations focusing on impaired driving, distracted driving, nighttime seat belt use, motorcycle safety, and pedestrian and bicycle safety. Operations are conducted in areas with disproportionate numbers oftraffic collisions. Other funded strategies may include public awareness, educational programs and training for law enforcement. 6. FEDERAL FTJNDS ALLOCATED UNDf,R THIS AGREE}IENT SHALL NOT EXCEED: $ 7O'OOO.()O 7. TERMS AND CoNDrrroNs: The parties agree to comply with the terms and conditions ofthe following which are by this reference made a part ofthe Agreement: . Schedule A (OTS-3Eb) - Problem Statement, Coals and . Exhibit A tertifications and Assurarces Objectives and Method ofProcedure r Exhibit B* - OTS Grant Program Manualo Schedule B (OTS-3Ed) - Detailed Budget Estimate and Sub-Budget Estimate (if applicable). Schedule B-l (OTS-38f) - Budget Narrative and Sub- Budget Nanative (if applicable) .ltems shown \,r'ith ar asterisk (*), arc hereby incorporated by refercnce and made a part of this agreement as ifaltached hereto. These documents can be vierved at the OTS home web page under Crants: rr\t\v.ots.ca.qov. We, the officials named below, hereby swear under penalty ofperjury under the laws ofthe State ofCalifornia that we are duly authorized to legally bind the Grant recipient to the above described Crant terms and condirions. IN WITNESS WHEREOF. this Asreement has been executed by the parties hereto. 8. APPROVALSIG\ATI]RES A. GRA\T DIRECToR B. AtrrHoRIzIrc OFFICIALoF AcfrcY Nerrr Nicholas Perez psore 323-587-5171 NA-\,E Carlos Fandino puorr 323-587-E811 rnLE Sergeant FAx 323-82G1486 rrre, City Administrrtor 323-82G14J8 .qooness 4305 S. Santa Fe Avenue eooness 4305 S. Santa Fe Avenue Vernon CA 90058 Vernon CA 90058 E-MArL: nperez@covpd.org E-MArLr dfandino@ci,vernon.ca.us (Sighat rc) (Date) (Signot re) (Date) C. FrscALoR Accotirrtrc OFFrcraL D. oFFlcE AurHoRtzED To RECEIt E PA\ ttE\Ts Nerre William Fox pgore 323-587-8ElI NArvE City ofvernon Treasurer rrrlE Finance Director rex 323-82G1433 eooress 4305 S. Santa Fe Avenue aooness 4305 S. Santa Fe Avenue Vernon CA 9005E Vernon CA 90058 | 9. DUNS Nr rBER e-u^ru wfox@ci.vernon.ca.us I Dur.rs #: 060883022 (Signature)(Dote) necrsreneo 4305 S. Santa Fe Avenue ADDRFSS& vernon CA 90058-1714ZtP Page 2 (Oflice of Truffic Safety Use Only) EFFECTIVE DATE OF AGREEMENT: 101112016 CITY OF VERNON GRANT NO, FFY Revision No. DaG:2017 11. Action Taken lnitial approval of 2017 HSP funds obligated. 2016-17 70,000 00 70,000 00 70,000 00 000 70,000 00 2015-16 2014-',t5 20't3-14 Total OTAL FUNDS PROGRAI\,IMED FUND CFDA ITEM/APPROPRIATION F.Y.CHAPTER STATUTE PROJECTED EXPENDITURES 164A1 20 608 0521-0890-101 (10/15)2015 10/15 2015 $ 20,000.00 4O2PT 20 600 0521-0890-101 (10/15)2015 10/15 2015 15 000 00 164A1 20 608 0521-0890-101 (23l16)2016 23t16 2016 000 00 402P1 20 600 0521-0890-101 (23i 16)2016 23116 2016 15.000 00 TOTAL FEDERAL FUNDS:70,000.00 15. GRANT APPROVAL & AUTHORIZATION TO EXPENO OBLIGATED FUNOS OTS.3ga'(Rev.01/16) NAME: TITLE: PHONE: E.MAIL: A. APPROVAL RECOMMENOEO BY RON MILLER Program Coordinator (916) 509-3020 ron.miller@ots.ca.gov Office of Traffic Safety 2208 Kausen Drive. Suite 300 Elk Grove, CA 95758 NAM E: TITLE: B. AGREEMENT & FUNOING AUTHORIZED BY RHONOA L. CRAFT Director Orfice of Traffic Safety 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 Signature This Action Obligated Amount Obligated GRANTS MADE EASY - STEP SCHEDULE A GRANT DEScRIPTToN GRANT No. PTT7T39 PAGE I I.PROBLEM STATEMENT The City ofVernon is a very unique city comprised primarily ofbusinesses and industry. Vernon is a five square-mile city located approximately 4 miles southeast of downtown Los Angeles. It is bounded generally by the Long Beach Freeway (710), Harbor Freeway (l l0), Santa Monica Freeway (10), and the Century Freeway (105). There are over 47 miles ofroadway, including three main thoroughfares, Alameda Street, Soto Street, and Santa Fe Avenue, which serve as the main arteries connecting the Downtown Los Angeles area with the East Los Angeles area and numerous other cities within the Southeast portion ofLos Angeles County. ln addition to the commuter traffic, thousands of commercial vehicles circumvent the roadways ofthe city every day. These commercial vehicles support the over 1200 businesses within the city in addition to transporting goods to and from the Hobart Rail Yard. The Hobart Rail Yard is the termination point ofthe Alameda Conidor which is a railway system entrenched along Alameda Street to the Los Angeles Harbor. Being that the city is primarily a business community with a working population of approximately 60,000 people, there is a high volume of motorists traveling through our city. Throughout this rating period there have been 292 injury traffic collisions, resulting in 7 fatalities and 408 injuries. Primary collision factors in these collisions include excessive speed and DUI related events. The City of Vemon's Pubtic Works Traffic and Engineering Division conducted a 2014 Traffic Collision Review, which list the most frequent intersections where collisions occur. The top 5 intersections are the following: L Pacific Blvd. - Santa Fe Ave. (10 collisions), 2. Atlantic Blvd. - Bandini Blvd. (9 collisions), 3.AtlanticBlvd.-DistrictBlvd.(Scollisions),4.SotoSt.-26thSt.(6collisions),and5.AlamedaSt.- Vemon Ave. (6 collisions). Distracted driving has also become a problem within the driving community, which affects our collision rates. In an efforttoreducethe collisions involving distracted drivers, our officers enforced l,2l2citations within this rating period. lf a STEP grant is awarded to the City ofVemon, our target population for enforcement efforts would of course be DUI drivers, as well as those who commit other violations (speed, distracted driving, tuming/yielding violations, etc.) that may contribute to traffic collisions. Our mission would continue to be simple in concept: reduce lrffic collisions and in doing so, reduce injuries and dealhs associaled to such collisions. The City of Vemon's Traffic Collision Review Report (2014) includes the most frequent locations of traffic collisions and a list of the top primary collision factors (refer to traffic data summary). In examining the OTS Collision Rankings for 2013, we have also identified the problem areas that we recognize need to be addressed. As a part of Group G, Vemon had the following rankings: OTS-38b (Rev.4/16) GRANTs MADE EASY - STEP ScHEDULE A GRANT DEScRIPTToN GRANr No. PTf7l39 PACE 2 Total Fatal and Injury: lll9 Alcohol Involved: 5/19Motorcycles: 4ll9 Pedestrians lll9Bicyclists lll9 Composite 2ll9 Speed Related lll9 Nighttime (9pm-2:59am) 2l 19 Hit and Run lll9 With the assistance and activities a STEP grant offers our department, we will strive to reduce traffic collisions, therefore reducing injuries and deaths associated with traflic collisions. Our target population is not just limited to "infraction violators" and/or "DUI suspects." The Vemon Police Department sincerely wants our entire community to know that traffic safety is a major priority to us. That is one ofthe reasons the Press Release during the cycle ofa grant is so important. It communicates to the public that there is an emphasis and priority on traffic safety in the City of Vemon. We intend to continue driving this message home through educational handouts at checkpoints and during routine public contacts. In addition, the Vemon Police Department currently has 53 active DUI warrants. Traffic Data Summary: Collision Tvrre 2013 201{2015 Collisions Victims Collisions Victims Collisions Victims Fatal I I 2 2 I I Iniury r09 152 89 124 12t 174 l'alal lniun Killcd lnj ured I ataI Iniun Killed I njurcd Iialal lnjury Killcd I niured Alcohol - Involved 0 5 0 6 0 0 0 0 0 4 0 7 Hit & Run 0 l3 0 t4 0 3 0 4 0 t2 0 t6 Nighttime (2100-0259 houn) 0 8 0 ll I I I t2 0 t2 0 t6 Too 3 Primary Collision Factors t'atal lniury K'llcd lnjurcd #l-22350 CVC - Excessive Speed 0 2l 0 27 #2-21658(a) CVC - Vehicle in Single Lane I l5 I 23 #3-21801 (a) CVC - Left or U+urn Rieht of Way 0 23 0 39 OTS-38b (Rev. 4/16) GMNTS MADE EASY - STEP ScHEDULE A GRANT DEscRrPTroN GMNr No. PTl7r39 Pece 3 2. PERFoRMANCEMEASURES A. Goals: I ) Reduce the number of persons killed in traffic collisions. 2) Reduce the number ofpersons injured in traffic collisions. 3) Reduce the number ofpersons killed in alcohol-involved collisions. 4) Reduce the number ofpersons injured in alcohol-involved collisions. 5) Reduce the number ofpersons killed in drug-involved collisions. 6) Reduce the number ofpersons injured in drug-involved collisions. 7) Reduce the number ofpersons killed in alcohol/drug combo-involved collisions. 8) Reduce the number ofpersons injured in alcohol/drug combo-involved collisions. 9) Reduce the number ofmotorcyclists killed in traffic collisions. l0) Reduce the number of motorcyclists injured in traffic collisions. I l)Reduce hit & run fatal collisions. l2) Reduce hit & run injury collisions. I 3) Reduce nighttime (2100 - 0259 hours) fatal collisions. l4) Reduce nighttime (2 100 - 0259 hours) injury collisions. I 5) Reduce the number of bicyclists killed in traflic collisions. l6) Reduce the number ofbicyclists injured in traflic collisions. l7) Reduce the number ofpedestrians killed in traflic collisions. l8) Reduce the number ofpedestrians injured in traffic collisions. B. Objectives: OTS-38b (Rev.4/16) GRANTS MADE EASY - STEP SCHEDULE A GRANT DESCRIP oN GRANT No. PTT7I39 PAGE 4 I ) Issue a press release announcing the kick-off of the grant by November I 5. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at pio@ots.ca.gov, and copied to your OTS Coordinator, for approval l4 days prior to the issuance date ofthe release. 2) Participate in the following campaigns:o National Walk to School Day - October 5, 201 6o National Teen Driver Safety Week - October 16-22,2016o NHTSA Winter Mobilization - December 16,2016 to January 1,2017o National Distracted Driving Awareness Month - April 2017o National Bicycle Safety Month - May 2017o National Motorcycle Safety Month - May 2017o National Click lt or Ticket Mobilization - May 17-20,2017o NHTSA Summer Mobilization - August 19,2017 to September 6, 2017o National Child Passenger Safety Week - September l'l-23,2017o Califomia's Pedestrian Safety Month - September 2017 3) Develop (by December 3 l) and/or maintain a "HOT Sheet" program to notiry patrol and trallic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result ofDUI convictions. Updated HOT sheets should be distributed to patrol and traflic officers monthly. 4) Send I law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum l6 hour) POST-certified training. 5) Send 2 law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) l6 hour POST-certified training. 6) Conduct 3 DUI/DL Checkpoints. Nole: A minimum of I checkpoint should be conducted during the NHTSA lVinter Mobilization and I during the NHTSA Summer Mobilization. To enhance lhe overall deterrent efecl and promote high visibility, it is recommended lhe granlee issue an advance press release and conduct social media aclivityfor each checkpoint operation. For combination DUI/DL checlEoinls, departments should issue press releases lhat mention DL's will be checked at the DUI/DL checkpoint. Signs /or DUI/DL checkpoint operations should read "DUI/Driver's License Checkpoint Ahead." OTS does notfund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoint operations that begin prior to 1800 hours. 7) Conduct 8 DUI Saturation Patrol operation(s). 8) Conduct l0 Traffic enforcement operation(s), including but not limited to, primary collision factor violations. OTS-38b (Rev. 4/16) GMNTS MADE EASY. STEP ScHEDULE A GRANT DESCRTPTIoN GRANr No. PTl7f39 PAGE 5 9) Conduct 3 Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting. l0)Conduct I highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or collisions rcsulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper tuming, and other primary collision factor violations by motorcyclists and other drivers. Note: Il is recommended lhe granlee issue an advance press release and conduct social media activity prior to each operation to publicize and raise at)areness about motorcycle safety issues. I I)Conduct I Nighrtime (1800 - 0559 hours) Click It or Ticket enforcemenr operarion(s). l2) Conduct 5 highly publicized Pedestrian and Bicycle enforcement operation(s) in areas ofor during events with a high number ofpedestrian and/or bicycle collisions resulting from violations made by pedestrians, bicyclists, and drivers. Note: Il is recommended the grantee issue an advance press release and conduct social media activity prior lo each operation to publicize and raise awareness about pedestrian and bicycle safety issues. NOTE: Nothing in this "agreemenl" shall be inlerpreted as a requiremenl, /ormal or informal, that a particular law enforcement ofrcer issue a specified or predelermined number of citations in pursuance of the goals and objectives hereunder. 3. METHoD oF PRoCEDURE A. (l"r Quarter of Grant Year) o The department should develop operational plans to implement the "best practice" strategies outlined in the objectives section. o All training should be conducted this quarter. . All grant-related purchases should be made this quarter. o In order to develop/maintain the "HOT Sheets," research will be conducted to identifo the "worst-of- the-worst" repeat DUI offenders with a suspended or revoked license as a result ofDUI convictions. The HOT Sheets may include the driver's name, last known address, DOB, description, current license status, and the number oftimes suspended or revoked for DUI. HOT Sheets should be updated and distributed to traffic and patrol officers at least monthly. o Implementation ofthe STEP grant activities will be accomplished by deploying personnel at high collision locations. OTS-38b (Rev.4/16) GMNTS MADE EASY . STEP SCHEDULE A GRANT DEscRrPTroN GRANT No. PTI7I39 PACE 6 B. Phase 2 - Proeram Ooerations (Throuehout Grant Year) o The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. Media Reouirements o Submit all grant-rclated activity press releases, media advisories, alerts and general public materials to the OTS Public Information Officer (PIO) at oio@ots.ca.sov, with a copy to your OTS Coordinator. a) Ifan OTS template-based press release is used, the OTS PIO and Coordinator should be copied when the release is distributed to the press. If an OTS template is not used, or is substantially changed, a draft press release shall be sent to the OTS PIO for approval. Optimum lead time would be I 0-20 days prior to the release date to ensure adequate tum-around time. b) Press releases reporting the results ofgrant activities such as enforcement operations are exempt from the recommended advance approval process, but still should be copied to the OTS PIO and Coordinator when the release is distributed to the press. c) Activities such as warrant service operations and court stings that could be compromised by advanced publicity are exempt from pre-publicity, but are encouraged to offer embargoed media coverage and to report the results. o Use the following standard language in all press, media, and printed materials: Funding for this program was provided by a grant from the Califomia Office of Traffic Safety, through the National Highway Traffi c Safety Adm inistration. o Email the OTS PIO at oio@ots.ca.gov and copy your OTS Coordinator at least 30 days in advance, a short description ofany significant grant-related traffic safety event or program so OTS has sufficient notice to arrange for attendance and/or participation in the event. o Submit a draft or rough-cut ofall printed or recorded material (brochures, posters, scripts, artwork, trailer graphics, etc.) to the OTS PIO at pio@ots.ca.eov and copy your OTS Coordinator for approval l4 days prior to the production or duplication. o Include the OTS logo, space permitting, on grant-funded print materials; consult your OTS Coordinator for specifics. C. Phase 3 - Data Collection & Reportins (fhroughout Grant Year) . Agencies are required to collect and report quarterly, appropriate data that supports the progress of goals and objectives. OTS-38b (Rev.4/16) GRANTS MADE EASY . STEP ScHEDULE A GRANT DEscRrPTroN GMNT No. PTI7I39 PAGE 7 . Statistical data rclating to the grant goals and objectives will be collected, analyzed, and incorporated in Quarterly Performance Reports (QPRs). QPRs for the quarter ending September 30 will include year-to-date comparisons ofgoals and objectives. Ifrequired, a separate quarterly data reporting form will be completed each quarter and submitted as part of the QPR. . Reports willcompare actual grant accomplishments with the planned accomplishments. They will include information conceming changes made by the Grant Director in planning and guiding the grant efforts. . Reports shall be completed and submitted in accordance with OTS requirements as specified in the Grant Program Manual. 4. METHoD oF EVALUATIoN Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary ofthe grant's accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation ofwhy objectives were not completed. 5. ADMrNrsrRATrvE SuppoRT This program has full support ofthe City ofVemon. Every effort will be made to continue the activities after the grant conclusion. OTS-38b (Rev.4/16) SCHEDULE B DETAILED BUDCET ESTIMATE GMNT NO. PTI7I39 FUND NUMBER CATALOC NUMBER (CFDA)FUND DESCRIPTION TOTAL AMOLNT I64AL 20.608 Minimum Penalties for Repeat Offenders For Driving While Intoxicated s 40,000.00 4O2PT 20.600 State and Community Highway Safety s 30,000.00 COST CATEGORY FISCAL YEAR ESTIMATES t0lvt6 thru 9130/17 TOTAL COST TO GRANT A. PERSONNEL COSTS CFDA FY-I Positions and Salaries Overtime DUI Checkpoints DUI Saturation Patrols Benefits @ 1.450% Traffic Enforcement Distracted Driving Motorcycle Safety Enforcement Night-time Click It or Ticket Pedestrian and Bicycle Enforcement Benefits @ 1.450% 20.608 20.608 20.608 20.600 20.600 20.600 20.600 20.600 20.600 $ s s 26,526.00 r0,846.00 542.00 13,557.00 4,068.00 1,356.00 r,356.00 6,779.00 394.00 S S S S S s S s S 26,526.00 r0,846.00 542.00 13,557.00 4,068.00 I,356.00 I,356.00 6,779.00 394.00 s s $ $ s $ Category Sub-Total $ 65,424.00 s 65,424.00 B. TRAVEL EXPENSE In-State 20.600 $ 2,490.00 $ 2,490.00 $ Category Sub-Total $ 2,490.00 $ 2,490.00 C. CONTRACTUAL SERVICES None 5 $ s Category Sub-Total $S D. EQUIPMENT None $ $ s s Category Sub-Total s S E. OTHER DIRECT COSTS DUt Checkpoint Supplies 20.608 $ 2,086.00 $-$ 2,086.00 $ Category Sub-Total $ 2,086.00 $ 2,086.00 F. INDIRECT COSTS $ Category Sub-Total $s GRANT TOTAL s 70,000.00 $ 70,000.00 OTS-38d (Rev. 4/16)Page I of I ScHEDULE B-l GRANT No. PTI7T39 BUDGET NARRATIVE Page I PERSoNNEL Cosrs Overtime Overtime for grant funded law enforcement operations may be conducted by personnel such as a Lieutenant, Sergeant, Corporal, Deputy, Officer, Reserve Officer, Community Services Officer, Dispatcher, etc., depending on the titles used by the agency and the grantees overtime policy. Personnel will be deployed as needed to accomplish the grant goals and objectives. Costs are estimated based on an overtime hourly rate range of $84.73lhour to $ 103.1 7/hour. Overtime reimbursement will reflect actual costs ofthe personnel conducting the appropriate operation up to the maximum range specified. Overtime Benefit Rates Medicare L45% TOTAL BENEFIT RATE l.15Yo TRAVEL EXPENSE In State Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traflic safety. Local mileage for grant activities and meetings is included. All conferences, seminars or training not specilically identified in the Schedule B-1 (Budget Narrative) must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registralion lees are paid with OTS grant funds. CoNTRACTUAL SERVICES None. EOUIPMENT None. OTS-38f(Rev. 4/16) ScHEDULE B.I GMNT No. PTI7I39 Buocrr Nl.nnatlvn Page 2 OTHER DrREcr Cosrs DUI Checkpoint Supplies - on-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traflic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of l0), traIfic counters (maximum of2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS device supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additionsl items mqt be purchased d approved by OTS. The cost offood and beverages will not be reimbursed. INDIRECT CosTs None. PRoGRAM INcoME There will be no program income generated from this grant. OTS-38f(Rev. 4/16) ExHrBrr A CERTIFICATIONS AND ASSURANCES Page I Failure to comply with applicable Federal statutes, regulations, and directives may subject Grantee Agency oflicials to civil or criminal penalties and/or place the State in a high risk grantee status in accordance with 49 cFR $18.12. The officials named on the grant agreement, certify by way ofsignature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following: . 23 U.S.C. Chapter ,l-Highway Safety Act of 1966, as amended . 49 CFR Part l8-Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments . 23 CFR Part l2OG-Uniform Procedures for State Highway Safety Grant Programs NoNDtscRtMtNATIoN The Grantee Agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 @ub. L. E8- 352), which prohibits discrimination on the basis ofrace, color or national origin (and 49 CFR Part 2l ); (b) Title Ix ofthe Education Amendments of 1972, as amended (20 U.S.C. I 68 I - 1683 and l6E5- l6E6), which prohibits discrimination on the basis ofsex; (c) Section 504 ofthe Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (Pub. L. l0l-336). as amended (42 U.S.C. l2l0l, et seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR Patt 27); (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6l0l-6107), which prohibits discrimination on the basis of age; (e) the Civil Rights Restoration Act of l9E7 (Pub. L. 100-259), which requires Federal-aid recipients and all sub-recipients to prevent discrimination and ensure nondiscrim ination in all oftheir programs and activities; (f) the Drug Abuse Office and Treatment Actof 1972 (Pub. L. 92-255), as amended, relating to nondiscrim ination on the basis of drug abuse; (g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pub. L. 9l-616), as amended, relating to nondiscrimination on the basis ofalcohol abuse or alcoholism; (h) Sections 523 and 527 of the Public Health Service Act of l9 12, as amended (42 U.S.C. 290dd-3 and 290ee-3), relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et seq.), relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (k) the requirements ofany other nondiscrim ination statute(s) which may apply to the application. Certifications and Assuances (Rev. 5/16) ExHIBIT A CERTIFICATIONS AND ASSURANCES Page 2 BUY AMERICA AcT The Grantee Agency will comply with the provisions of the Buy America Act (49 U.S.C. 5323O). which contains the fol lowing requirements: Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest, that such materials are not reasonably available and ofa satisfactory quality, or that inclusion of domestic materials will increase the cost ofthe overall project contract by more than 25 percent. Clear justification for the purchase ofnon-domestic items must be in the form ofa waiver request submitted to and approved by the Secretary of Transportation. PoLrTrcAL AcTrvrTY (HATCH ACT) The Grantee Agency will comply with provisions of the Hatch Act (5 U.S.C. l50l-1508) which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFIcATIoN REGARDINc FEDERAL LoBBYING Certification for Contracts, Grants, loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: l. No Federal appropriated funds have been paidorwill be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee ofany agency, a Member of Congress, an oflicer or employee ofCongress, or an employee of a Member ofCongress in connection with the awarding ofany Federal contract, the making ofany Federal grant, the making ofany Federal loan, the entering into ofany cooperative agreement, and the extension, continuation, renewal, amendment, or modification ofany Federal contract, grant, loan, or cooperative agreement. 2. lf any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an oflicer or employee ofany agency, a Member ofCongress, an oflicer or employee of Congress, or an employee of a Member of Congess in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report tobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, sub-grants, and contracts under grant, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this lransaction was made or entered into. Submission ofthis certification is a prerequisite for making or entering into this transaction imposed by section I 352, title 3 l, U.S. Code. Any person who fails to fi le the required certification shall be subject to a civil penalty ofnot less than S10,000 and not more than $100,000 for each such failure. Certifications and Assurances (Rev. 5/16) ExHlBrr A CERTIFIcATIoNS AND AssuRANcEs Page 3 RESTRIcTIoN oN STATE LoBBYING None ofthe funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption ofany specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even ifsuch communications urge legislative officials to favor or oppose the adoption ofa specific pending legislative proposal. CERTIFICATION REGARDING DEBARMENT AND SUsPENsIoN Instructions for Primary Certifi cation l. By signing and submitting this grant agreement, the Grantee Agency Official is providing the certification set out below. 2. The inability ofa person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation ofwhy it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure ofthe Grantee Agency Official to furnish a certification or an explanation shall disqualifr such person from pa(icipation in this transaction. 3. The certification in this clause is a material representation offact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the Grantee Agency Official knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The Grant Agency Official shall provide immediate written notice to the department or agency to which this grant agreement is submitted if at any time the Grantee Agency Official learns its certification was erroneous when submitted or has become erroneous by reason ofchanged circumstances. 5. The terms covered transaclion, eleborred, suspended, ineligible, lower lier covered transoction, parlicipant, person, primary covered transaction, principal, grant agreement, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and coverage sections of49 CFR Part 29. You may contact the department or agency to which this grant agreement is being submitted for assistance in obtaining a copy ofthose regulations. 6. The Grantee Agency Oflicial agrees by submittingthis grant agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. Cerlifi cations and Assurances (Rev. 5/1 6) ExHIBIT A CERTIFICATIONS AND ASSURANcES Page 4 7. The Crantee Agency agrees by grant agreement that it will include the clause titled *Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the depa(ment or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a ce(ification ofa prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the list ofParties Excluded from Federal Procurement and Non-procurement Programs. 9. Nothing contained in the foregoing shall be construed to require establishment of a system ofrecords in order to render in good faith the certification required by this clause. The knowledge and information ofa participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 ofthese instructions, ifa participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 4E CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions (l) The Grantee Agency Official certifies to the best of its knowledge and belief, that its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; (b) Have not within a three-year period preceding this grant agreement been convicted ofor had a civil judgment rendered against them for commission offraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation ofFederal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of record, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or [ocal) with commission ofany ofthe offenses enumerated in paragraph (lXb) ofthis certification; and (d) Have not within a three-year period preceding this application/grant agreement had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the Grantee Agency Official is unable to ce(ify to any of the Statements in this ce(ification, such prospective participant shall attach an explanation to this grant agreement. Certifications and Assurances (Rev. 5/16) ExHrBrr A CERTtFtcATloNs AND AssuRANCEs J. 4. Page 5 Instructions for Lower Tier Certification I . By signing and submitting this grant agreement, the prospective lower tier participant is providing the certification set out below. 5. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies. including suspension and,/or debarment. The prospective lower tier participant shall provide immediate written notice to the person to which this grant agreement is submitted if at any time the prospective lower tier participant learns that its certification was eroneous when submitted or has become erroneous by reason ofchanged circumstances. The terms covered trsnsaclion, debarred, suspended, ineligible, lotver tier covered transaction, participant, person, primary covered. transaction, principal, granl agreemenl, and voluntmily excluded, as used in this clause, have the meanings set out in the Definition and Coverage sections of49 CFR Part 29. You may contact the person to whom this grant agreement is submitted for assistance in obtaining a copy ofthose regulations. The prospective Iower tier participant agrees by submitting this grant agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 4E CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. The prospective lower tier participant further agrees by submitting this grant agreement that it v/ill include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (See below) A participant in a covered transaction may rely upon a certification ofa prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List ofParties Excluded from Federal Procurement and Non-procurement Programs. Nothing contained in the foregoing shall be construed to require €stablishment of a system ofrecords in order to render in good faith the ce(ification required by this clause. The knowledge and information ofa participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 7. 8. Certifications and Assurances (Rev. 5/t6) ExHIBIT A CERTtFtcATIoNS AND AssuRANcEs Page 6 9. Except for transactions a oarticipant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies. including suspension and./or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions: t.The prospective lower tier pa(icipant certifies, by submission of this grant agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the prospective lower tier pa(icipant is unable to certify to any ofthe statements in this certification, such prospective participant shall attach an explanation to this grant agreement. Certifications and Assurances (Rev. 5/16) REGEIVED sEP 13 2016 cttYcttRKs0rflcE RECEIVED sEP 0 8 20t6 ON STAFF REPORT PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT DATE: TO: FROM: RE: September 6, 2016 Honorabl ity Council Derek W of Public Works, Water & I)evelopment Seryices Department Originator: Wendy Herrera, Permit Technician MONTTILY BUILDING DEPARTMENT REPORT Enclosed herewith is the Monthly Building Report for fie month of August 2016. Thank you. City of Vernon Building Department Monthly Report from 8/1/2016 to 813112016 Type # of Permits Electrical Grading lndustrial - Addition lndustrial - Remodel Mechanical Miscellaneous Plumbing Roof $827,481.00 s1,688,914.00 $60,000.00 $5,863,049.00 s1,502,001.00 $513,258.53 $1,308,774.00 $182,220.00 21 1 1 7 8 '17 14 3 August 20'16 TOTALS PERMITS: PREVIOUS MONTHS TOTAL YEAR TO DATE TOTAL August 2016 TOTALS PERMITS: PREVIOUS MONTHS TOTAL PRIOR YEAR TO DATE TOTAL $11,945,697.s3 72 $78,131,972.84 427 $90,077,670.37 499 $3,116,742 00 $47,930,602.00 56 425 $51,047,344 30 Director of Public Works, Water & Development City of Vernon Building Department Major Projects from 8l1120'16 to 813112016 Valuations > 20,000 Permit No.Project Address Tenant Oescription Job Value Electrical B-2016-1422 B-2016-1375 B-2016-14',14 B-2016-1 199 B-2016-12?3 B-2016-1289 B-2o',t6-1323 8.-2016-',1322 8-2016-1329 B-20'16-1266 10 Grading B-2016-'108't 1 lndustrial - Addition 4170 BANOINI BLVD APN 6304003001 2677 26TH ST APN 5168023001 5132 ALAMEDA ST APN 6308016043 2145 49TH ST APN 6308015067 2360 48TH ST APN 63080'15043 4755 49TH ST APN 6304016004 5600 ALAMEDA ST APN 63080'17040 6180 ALCOA AVE APN 6310027036 4646 HAMPTON ST APN 6308009038 4170 BANDINI BLVD APN 6304003001 Record(s) 4415 BANDINI BLVD APN 5243018013 Record(s) 4366 26TH ST APN 52430'19009 Record(s) Jacobs Farm del Cabo Zankou Enterprises LED lighting retrofit- replace existing HID with LED fixtures Final Boiler & RM Renovation LED retrofit New lights fixtures, electrical for refrigeration equipment T.l. for commissary RYR light lixtures (63), run power to comp on dock LEO lighting rekofit Electrical lighting LED retrofit 500 HP chiller Relocation of existing equipment and adding panels^ransformers Grading for infrastructure for a new industrial/warehouse facility Remove old parts building and build new 1200 storage/office space Build out existing 35,244 of vancant space T.l. for new tenant. Building remodel. 10'1000 250000 55000 22000 50000 25000 63000 32000 76000 80000 $754,000.00 1688914 $1,688,914.00 60000B-2016-0982 1 B-2016-1133 8.-2016-1132 lndustrial - Remodel $60,000.00 5151249 150000 3305 BANDINI BLVD APN 6303001005 2360 48TH ST APN 6308015043 8-2016-1366 2021 52NDST Allied Sales & Dist lnstall new 55F coolerfor3 new air 250000 170000 129E00 APN 6308016042 8-2016.1038 5798 ANDERSON ST APN 6308019021 8-2015-0555 4500 BAND|N| BLVD APN 6304030001 Record(s) Mechanical 8-2015-0602 4722 EVERETT AVE APN 6304025005 8-2016-1137 3305 BAND|N| BLVD APN 6303001005 8-2016-1293 3260 26TH ST APN 6303002021 Miscellaneous 8-2016-1252 4700 ALCOA AVE APN 6303019011 8-2016-1350 4622 ALCOA AVE APN 6303019010 8-2016-1380 5119 D|STR|CT BLVD units & structural suppon for new cooler box and air units. lnstallation of walk in cooler and trcezet lnstall (N) plumbing fixtures and ADA (4) stalls in (E) Paking Lot, Remodel area for a (N) breakroom, dispatch center, and (2) ofiices. Tl for buildings HVAC, Exaust & Kitchen Ventillation Refrigeration Equipment and lnstallation for new tenat space Add 4 rooftop exhaust fans lnterior windows - front windows lnstall truck dock canopy $5,851,049.00 250000 1098200 75000 250008-2016-1197 2145 49TH ST Jacobs Farm del New refrigeration for walk-in cooler APN 6308015067 Cabo Record(s) New glass guardrail system for main stair and second floor atrium and exterior balcony 8-2016-1280 2600 28TH ST Fed Ex Ground Removing and replacing Structural APN 6302002033 Beams 8-2016-1317 5370 BOYLE AVE APN 6310008012 '170 linear feet of retaining wall 8-2016-1330 4646 HAMPTON ST Millennium Foundation and anchorage to APN 6308009038 Products support a tree sculpture. 8-2016-1401 3055 44TH ST Achoring fortheducting installation APN 63030'1204't F/}V B-20',16-0931 $1,448,200.00 120000 31470.'t2 75000 30000 68000 35000 3s000 7 Plumbing APN 6314003900 Record(s) 8-2016-1135 3305 BANDINI BLVD Flying Food Group Ptumbing Tt buitd out of existing s394,170.12 't208525 APN 6303001005 35,264 of vancant space 8,-201.6-1225 2 Roo, B-20'1G1400 B-2016-1398 2 32 2360 48TH ST APN 6308015043 Record(s) 4525 DISTRICT BLVD APN 6304020021 4361 SOTO ST APN 6308001017 Record(s) Permlt(s) Zankou Enterprises Plumbing T.l. for commissary kitchen Application title 24 silicone roof coating over existing flat roof Remove exisitng roof, replace with '1l4 securock, 60 mill TPO $1,243,525.00 51900 1 15520 $167,420.00 $'11,607 ,s78.12Total Director of Public Works, Water & Development Services City of Vernon Building Dspartment New Buildings Report - August 2016 None Derek Wieske Oirectol Public Works, Water & Development Services City of Vernon Building Department Demolition Report - August 2016 None of Public Works, Water & Development Services City of Vernon Building Department Status of Certificates of Occupancy Requests Month of August 2016 Request for lnspection Approved Pending Temporary Occupancies 12 18 286 21 Director of Public Works, Water & Development Services City of Vornon Cartificate of Occupancy Applications Date From EI112016 lo 8131120'16 lssued Pemit No. Proiect Address Tenant Description Fe€s Paid Squarc Feet Certificate of Occupancy C-2016-0488 4626 PACIFIC BLVD Anarchy Fashion lnc. Sewing machine 300.00 4'000 APN 6308004010 C-2016-0489 2634 26TH STREET United Growers lnc Refrigerated 689.00 6,160 APN 6302001030 Produce dislr. C-2016-0490 3155 BANDINI BLVO HUF Worldwide LLC Warehouse & distr. 815 00 58,500 APN 6303001008 C-2016-0491 4651 PACIFIC BLVD Califomia Gifi Center lnc. Warehouse general wl 300.00 'l ,200 APN C-2016-0492 4651 PACIFIC BLVO Asian Trading Warehouse general 300.00 1'200 APN 6308009029 merchandise C-2016-0493 2OOO 49th Street Kariba Shipping LLC Storage oftumiture 815.00 80,500 APN 6308015077 C-2016-0494 5411 SOTO STREET The Green Olive Restaurant 300.00 800 APN 6309026032 C-2016-0496 4480 PACIFIC BLVD Main Tec USA lnc. dba Textile 689.00 26'000 APN 6308005012 manufacturing C-2016-0497 2926 54TH STREET SHEEPOK Manufacturing of 300 00 4'500 APN 6303028015 C-2016-0498 2007 VERNON AVE LA Finishing Garment finishing 300 00 1'500 APN 63020'17043 C-2016-0499 4536 OISTRICT BLVO DM Collective lnc Knitting mills 689.00 39'92'l APN 6304019002 C-2016-O5OO 3OO7 FRUITLAND AVE Audrey 3 Plus 1 Women's clothing 689 00 28,036 APN 6303019014 Total for Certilicato of Occupancy: 6,'1E6.00 225,617 -00 Total Fees 6,166 0012 Permits(s) City o, Vemon Cetlficatg of Occupancy lelued Olto From 8/1 12016 b al3i12016 Ce,tifi cato o, Occupancy 8/1/2016 C-2016-0476 3359 sOTH STREET A & A Globallmports, lncAP 6303026001 U2412016 C-201G04E2 2 5 VERNON AVE Wise Univeraal, hc.AP 6302017024 Bnq2O16 C-2016-041,r 2209 37TH STREET Wear For Fun. lncAP 630201001s $n1n010 C-2015-0129 5000 PACIFIC BLVD Mrs. Gooch's Nalu.alAP 6308003901 8n4t2016 C-201$0262 2832 AI-AIUEDA ST Soofer Co , lnc DbaAP 6302009030 8n4r2016 C-201S0147 4621 50TH STREET Nightlite O6cor lnc.AP 6304017011 A24nO16 C-201$0143 /1700 BOYLE AVE Cratstman Lab, lnc.AP 6303020010 8n42016 C-201m385 5233 ALCOA AVE Home Fumilure lnlemational LLCAP 6310008015 8124120'16 C-201&0399 2833 LEONIS AVE Monarc€ lnc Dba La Mona.ca BakervAP 6303022004 812112016 C-2016-0131 2724 LEONIS BLVD City of vemon GasAP 6308002906 8n4nl16 C-2016-0433 4501 50TH STREET JYT lnc.AP 6304017012 8n412016 C-2015-0233 5995 MALBURG WA' Re Trading lnc.AP 6310027046 8121n016 C-201G0356 3718 26TH STREET NU Health Califomia LLCAP 5192030004 8n42016 C-2016-0383 2906 LEONIS BLVD Rocket Eleclronics lncAP 6303024018 8n9n016 C-2015-0,175 5275 DISTRICT BLVI Makespace Labs lnc.AP 631400't903 El29l2O16 C-20164417 2E50 VERNON AVE ldon IncAP 6308001046 E/30/2016 C-201$0216 2333 49TH STREET Maria's Bikinis SwimrrearAP 6308015044 8129t2016 COO4O3472 2301 51ST STREET B[.,e Bee lnc. Dba ANGLAP 6308015044 Total tor Cqnificats ol Occupancy: Warehouse ol general merchandise Off ce use Off ce use Warehousing ot grocrry lood Pkg & whse Frozen, dry lood products 1,EEo.00 300.00 300 00 0.00 689.00 137,102 't,692 500 130,2U 10,000 9,410 7,000 136.692 600 2,000 s,000 6.116 11,000 50 38,622 300 11,480 16.000 539,564 Manufacluring ot tumilure 689.00 ManuladurinQ of garmenls 689 00 Warehouse of fumiture 940.00 otfice use 300 00 Warehouse gas inventory 0 00 Warehouse garmenl 300 00 Warehousing ol fabric 689 00 Warehousing ofc€nned 689 00 food Offce use 300.00 Warehousing ot house hold 6E9.00 qoods Offce use 300 00 Manufacluring of swimrvear 689 00 Warehousing ol garmenl 230.00 $9'673 Total Fsss Paidl8 Po,mitsls) RECEIVED sEP I 3 20t6 CITY CTERl{'S OFFICE R.ECEIVED SEP O E 2O16 CITY ADMINISTRATION &a,-tVwSTAFF REPORT PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT Cons€nt DATE: TO: FROM: RE: September 20, 2016 Honorable Mayor and City Council Derek Wieske, Director of Public Works Originator: Lissette Melendez, Associate Acceptance of Electrical Easement at 47fi) Alcoa Avenue (APN 6303-0f9-01 l) Recommendation A. Find that the acceptance of the Electrical Easement proposed in this staff repon is not a "project" as that term is defined under the Califomia Environmental Quality Act (CEQA) Guidelines Section 15378, and even if it were a project, it would be categorically exempt in accordance with CEQA Guidelines Sections 15301 (maintenance, repair or minor altemtion ofan existing facility and involves negligible or no expansion of an existing use) and 15061(b)(3) (general rule that CEQA only applies to projects that may have a significant effect on the environment); and B. Accept the Electrical Easement, in substantially the same form as attached to this staff repon, and authorize the Mayor to execute the Certificate of Acceptance. Background The property located at 4700 Alcoa Avenue is being redeveloped and an easement is needed for the installation and maintenance of City-owned electrical conduit and equipment serving the property. The Public Works, Water and Development Services Depanment has received a fully executed Electrical Easement by Alcoa Bel Air, LLC, a Nevada limited liability company for the property located at the above-mentioned location, Assessor's Parcel No. 6303-019-Ol l. The easement has been reviewed and approved by staff in both the Gas & Electric and Public Works, Water & Development Services Depanments and has also been approved as to form by the City Attomey's Office. It is now recommended that the City Council accept the easement. Fiscal Imoact Acceptance of the proposed Electrical Easement has no fiscal impact. Attschment(s) l. Easement Deed Page I of I 11 RECORDINGREQUESTEDBYI and WHEN RECORDED MAIL TO: City of Vernon 4305 Santa Fe Avenue Vemon, CA 90058 Attn: City Clerk MAIL TAX STATEMENTS TO: Exempt n neeofloonrs ilse EASEMENT APNi 6303-019-0lt DOCUMENTARY TRANSFER TAX IS NONE - NOT REQUIRED SEC. TI922 REVENUE TAXATIONCODE. FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HBREBY ACKNOWLEDGED. ALCOA BEL AlR, LLC, a Nevadn Linritcd Liab ty Compony (the,crartors) HEREBY GRANT(S) TO: City of Vernon, e municipal corpor!tioll (lhe ..Grnnlcc,) An-eas€mert for every purpose beneficial to the Vemon Cas and Electric Departnreot, a MuniciJnl Corporation,including, but not limited to, the right to construct, lay, install, use, mainrain, alrer, add to, repaii, replace, inspect and remove underground and overherd electric and oiher public utilities, consisting ofpole, guys and anchors,crossanns, wires, cables, conduits, manholes, vaults, pull boxes, rnarkers and otheifixtures ald- appliancm rvith tle right of in-gress and egress in, on, over, under, across ind through that ce(ain real propcrty in the City ofVernon,County ofLos Angeles. State ofCalifornia, as dcscribed in Exhibit "A" attached hegeto and ircorpoiated herehr iy,t rporatod horein byrl and its employeesit isirg the rights Date: Iune 23,2016 c@ ALCOA BEL AIR, LLC,r Nevadfl Limited Liabilily Conpnny Mahasti M4q[op1-![q4gger Hartrid R. Mashhoon. Managgr A notary public or other o[Iicer completillg rhis ccnilicote verifies onl] lh€ identity ofthe individual who signedthe doculnent lo which lltis ccnificnte is altachcd, and uot the truthfuhiess, accuracy, or velidity ofrhat docu;nent. State of California countyor I nS AnSc(f ... o, tlzq trk berorcrne, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) rvhose name(s) Vare subscribed to rhe within insrrumenr an<l acknorvledged to me that (s\e/they executed the same in his/fur/their. authorized capaciry(ies), and that by his/her/their signanrre(s) on the instrurnent the person(s), or the entity upon behalf on rvhich the person(s) acted, executed the instnlment. I certify under PENALTY OF PERJURY under the lalvs of the Sfate of Celifornia thrt the forgoing paragraph is true and correct, WITNESS rny hand and official seal. Signahrrc (Seal) SANOY AAAI,\AOI,EJO Co.rrD. d21.6273 tblory PuUk - Coltrralo ;tor Ane.lor Col,r, Comm. crpl..l ,,toi la, 2O2O EXH IBIT A SELECTRICAL EA EMENT STRIP 1, THE CENIERLINE OF A 5.OO FOOT WIDI STRIP LYING WIIHIN A PORIION OF IHAT CERTAIN PARCEL OF LAND ETUATED IN IHt CIIY OF VERNON, COUNTY OF TOS ANGELTS, SIAIE OF CqLIFORNIA' AND BEING 1}AT PORIOT{ OF LOT 2I IN IHE 5OO ACRE IRACT OF I.OS ANGITIS FRUIILANO ASSOCAIION, AS PER MAP RECORDTD IN EOOK J PAGTS 156 Al.lD I57 OF MISCELL-ANEOUS RECORDS, IN THE OIRCI OF THE COUNTY RECORDIR OF SAID COUNIY, DESCRIBTD AS FOLLOITS: SEGINNING AI lHE POINI OF INIERSECIION OT IHE EASITRLY LINI OF ATCOA A\€NUT. FORMERLY. MAGNOLIAA!€NUE, AS SAID ALCOA AVTNUT NOW EXISTS 5O.OO FEEI IN WDIH VIIIH THE NORIT€RLY LINE OF ]Ht STRIP OF LAND I7,OO FEEI IN WD1H COI.iVETEO TO LOS AT,IGELES A.IO SATT LAXE RAH,ROAO COMPAI.IY, BYDEED REC0RDID lN B00K 15607 PAGE 262, oFFrcrAL RECORDS, 0F sAtD couNry; THEr{ct NORIHERLy ALONG THI IASIERLY I.INE OF SAID RIGHT OF IVAY NORTH OO'OO'29 WESI 67,59 FEEI TO IHE IRUE POINIOF BEGINNII,IC. THENCT LEAMI.IG SAID RIGHI OF IYAY NORIH 9IIOO'OO' EASI I5I.OO FEEr TO POINT A. STRIP 2. 8IGINNING AT P0INT A; THTNCE NORIH otr00'00' E 6.71 F[EI; IHENCE NoRrH 90'00'00' LAST 20.00 FEEI; IHENCT s0tJTH 90'00'00' EAST t6.00 FEET; lHEtlcE NoRTH 9000'00" WEST 20.00 FEET IHENCE N0RIH OOOO,OO. EASI 9-29 FEEI ]O POINT A ,PruJECI 47OO ALCOA AVENUE rlI[€ CITY OF VERNON C&V OONIULTING. INC.atlrt StIElalrllD llrllo$ ao 1EEu'E z,r5 BTTR8^NX PEOIIE 0a9 9l&flI!rcOIETLL M}.ICEOTUFORNIA 9610 PrX O{') SIFS R€FTPENCE DAT€ 06/01 /16 9{r7 rlo. 1-1scarf N-A .I -----/r---> mx -<G' !_{ u, =s(o (o rn l.q OrliI'l6 I I ), PU <8_ = -\5\tolo9uut F\Fc:rL =!(o <ttso=rs to'02'23" E 250.OO' LA DEPARTMENT OF WATER AND POIYER (, -z r zrn --tD@-rn o q -rrlz6l--lr z a z z \0 arr 4 zcl qG lHt: lbl- t rrOrolq F n>rlo sE-E EETFa <'n ED =IsBsqiB ss 6 tE :fiFl c)'_z H#= ncH EE* -*=* g') ut DooLZ -$=Ez- 11 z,== @-oa)orn ^. z.---{{ rrl-i4z-fl rngq N)>o5oo-rt > N OO'OO'29" f oo'o2'23" E ?RoJEcf I,II.6 ELECTRICAL EASEMENT 47OO ALCOA AVENUE C&V COMIULTING. INC.qYL EOE![l lD tltrllll llo LttEErc z,I5 BUREANT FOOIEILL RAI{CE, C,AUrcRNIA 9xX) RF.fEPINCE I),TE 06/01/16 SHEET tro. 1-11"=60' 5C/4tE CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that interests in real property conveyed to or created in favor of the City of Vernon by that certain Electrical Easement dated June 23,2016, executed by Alcoa Bel Air, LLC, a Nevada limited liability company, is hereby accepted by the undersigned ofFrcer on behalf of the City pursuant to the authority conferred by Minute Order by the City Council of the City on September 20, 2016, and the grantee consents to recordation thereof by its duly authorized officer. Dated:2016 CITY OF VERNON WILLIAM "BILL" DAVIS, Mayor ATTEST: MARLA E. AYALA, City Clerk APPROVED AS TO FORM: BRIAN BYUN, Deputy City Auomey REGEIVED sEP l8 20t6 CIIY CLERI('S OFFICE RECEIVED sEP I 2 2016 CITY ADMINISTRATION(fi flay+vSTAFF REPORT PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT DATE: TO: FROM: RE: September 20,2016 Honorable Mayor and City Council Derek Wieske, Director of Public Works, Water an opment Services Originator: Lissette Melendez, Associate Engineer "^/ Acceptance of Work of Hoffman Management and Construction Corporation regarding Contract No. CS-0638 - Fire Department Regional Training Center, Phase I Recommendation A. Affirm that accepting the work of Hoffman Management and Constmction Corporation for the Fire Depanment Regional Training Center, Phase l, Contract No. CS-0638 is consistent with the Initial Study and Negative Declaration prepared for this project pursuant to the provisions under the California Environmental Quality Act (CEQA) in accordance with Section 15063, which requires the lead agency to conduct an initial study to determine if the project may have a significant effect on the environment; and B. Accept the work of Hoffman Management and Construction Corporation as part of the Fire Department Regional Training Center, Phase I , Contract No. CS-0638, and authorize the staff to submit for recordation a Notice of Completion for the project. Backsround The project consists of the construction and operation ofa regional training center for the Vemon Fire Department located in the currently vacant parcel located behind Fire Station No. I at 3375 Fruitland Avenue. When completed, the facility will offer training opportunities for fire departments throughout the Los Angeles County region. The Vernon Fire Department estimates that five to six fire engines will transport trainees per day to the facility from distances ranging between rwo miles and approximately thirty miles for approximately six training sessions per day. The training center will provide a cost savings as well as operational impact to the City's Fire Depanment by allowing annual training and recruit to be done in-house, therefore reducing in-training over-time costs and keeping resources in the City. On April 21,2015, the City Council awarded a contract to Kirila Fire Training Facilities, Inc. for the construction of the training facility. The facility is assembled into a three-story structure constructed of thirteen metal freight cargo containers. These containers were modified according to the Fire Department's specifrcations at the manufacturer's facility and shipped to the site for assembly. The training facility was constructed in accordance with National Fire Protection Association (NFPA) 1402 standards for building fire service training centers. Construction for the preparation of the site was divided into two construction phases in order to minimize the fiscal impact. On April 19, 2016, the City Council awarded Phase I of the project, Contract No. CS-0638, to Hoffman Management and Construction Corporation. Phase I consisted of site preparation, foundation construction and utility installation required for the installation of the training facility that was constructed by Kirila Fire Training Facilities, Inc. This phase also included the construction of a masonry wall along the East and West perimeter of the project site and along the east side of the regulator station as well as removal of existing wrought iron and chain link fence ard re-insta.llation of wrought iron fencing around the remaining perimeter of the regulator station. There was also construction of concrete curb and pavement surrounding the facility. Construction of Phase l, Contract No. CS-0638 has been completed. Construction for the second and final phase is estimated to commence in October of 2016. Phase 2 will include the precise site grading, storm drain improvements for Storm Water Runoff Quality Control and concrete improvements on the rest of the site. It is recommended that the project be accepted and that the five percent (57o) retention of 527,294.45 be paid thirty-five (35) days after the recordation of the Notice of Completion, except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the contract to be further retained. Fiscal Imoact Hoffman Management & Construction Corp. was awarded the contract in the amount of $541,485.70 with a $55,000.00 contingency. There was one Change Order approved by the City Administrator on August 2, 2016 for this project for modification of the proposed concrete curb in order to eliminate a trip hazard around the facility entrances in the amount of $l I,738.00. This brought the total project iunount to $553,223.70. The project was funded under the Fire Department's budget with a portion funded under the Gas & Electric's budget. Due to quantity changes during construction, the final project was completed under budget for a total of $54s,888.99. Attachment(s) I . Notice of Completion Page 2 of 2 ' Recording Requested By City of Vernon, Public Works, lYatcr and llcvelopmena Services Deparlment Fee Waived Pursuant To GovL Code 6103 When Recorded Mail To: City of Vernon 4305 Santa Fe Avenue Vernon, CA. 9005t Attn: City Clcrk SPACE ABOVE THIS LINE RESERVED fOR RECORDERS t SE NOTICE OF COMPLETION NOTICE OF COMPLETION IS HEREBY GIVEN that l. The City of Vemon, whose address is 4305 Santa Fe Avenue, Vemon, California, as Owner of the public work of improvement known as the Fire Deparhnent Regional Training Center, Phose I Project located at 3375 Fruitland Avenue as improved in accordance with Contract No. CS-063t between Hoffrnan Management and Construction Corpnration whose address is: 2301 E.7s Street, Suite Dl16, Los Angeles, California 9fi)a3 as CONTRACTOR, and the PUBLIC WORKS, WATER AND DEVELOPMENT SERVICES DEPARTMENT of the City of Vemon for the following work, to wit: Fumish all transponation and materials for the site preparation, foundation construction, utility installation and construction of masonry walls, wrought iron fencing, concrete curb and sidewalk, as described within the project specifications. 2. Notice is given that the Work of Contract No. CS.{b3t, as arnended by Owner-approved changes, if any, was compleed on Aggg!ll!g!&, provided, however, this notice does not alter the responsibility of the Contractor for any failure to comply with the requiremens of the Contract Documents including, but not limited to, Contractor's liability for any unauthorized or non{onforming work and does not constitute acceptance of any disputed claims. 3. The nature of the interest or state of owner is in fee. This notice is given in accordance with the provisions of Section 3093 of the Civil Code of the Snrc of California. Dated:PUBLIC WORKS. WATER AND DEVELOPMENT SERVICES CITY OF VERNON BY: Derek Wieske Director of Public Works, Water and Development Services VERIFICATION ATTEST: Maria E. Ayala, City Clerk I. Derek Wieske, Director of Public Works, Water and Developrnent Services, state that I am an officer of the City of Vernon, to wit: Director of Public Works, Water and Developmenr Services; that I have read ttrc foregoing Notice of Completion and know the conrcnts thereof and that the sarne is true of my own knowledge, except as to the maners which are therein starcd on information or b€lief, and as ro thos€ maners I believe them to be true. I declare under penalty of pegury under lhe laws of the Slate of Califomia that the foregoing is rue and correct. Executed in the City of Vemon on drc above stared date. Approved as to Form:Derek Wieske Director of Public Works, Water and Development Services Brian Byun, Deputy City Attomey RECEIVED sEP I 3 2016 CIIY CLERl('S OFFICE RECE[VED SEP 13 2CI6 SERVICES STAFF REPORT PUBLIC WORKS, WATER & DEVELOPMENT DEPARTMENT DATE: TO: FROM: RE: September 20, 2016 Honorable Mayor and City Council Derek Wieske, Director of Public Wo Orisrnator: Claudia Arellano, Stomw Purchase of Four Ford F Series Utility Vehicles (Three 2016 Ford F-250 Models and One 2015 Ford F-150 Model) Recommendation A. Find that the proposed action is exempt from Califomia Environmental Quality Act ('CEQA) review, because purchasing supplies is an administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constinrte a 'lroject" as defined by CEQA Guidelines Section 15378. And even if such an action were a 'project " it would be exempt from CEQA review in accordance with CEQA Guidelines $ 15061(b)(3), the general rule that CEQA only applies to projects that may have a sigrificant efiect on the environment; and B. Approve the purchase of four Ford F Series utility vehicles (three 2016 Ford F-250 models and one 2015 Ford F-I50 model) for a cost of$148,467.30. Backsound The Public Works, Water & Development Services Department (Department) is in need of replacing a number of Departrnent vehicles, many of which are over 20 years old and are beyond their useful life. In addition, some of the Department staff have expressed concems regarding the lack of air conditioning in the Department vehicles. Furthermore, parts for these older vehicles are sometimes difficult to find. Staff considered different options the City may have in order to equip staff with new, used, or retrofitted Department vehicles with air conditioning, and staff obtained information to explore four different options: 1) Purchasing new vehicles; 2) Purchasing used vehicles; 3) Leasing vehicles; and 4) Retrofitting current DeparEnent vehicles. Upon review of the different options and the Department's current fiscal year budget, the Department determined that there are sufficient funds available in the existing budget to replace four vehicles this year. It should be noted that two new dump trucks were purchased the previous Fiscal Year (201512016) therefore the Department is recommending to surplus two 1983 dump trucks. Table I below provides details of these vehicles: Table I - Itemization of Current and Proposed New Vehicles Current Vehicle #, Year & ModeUNew Vehicle Year & Model Account/ Division Purchase (New) Cost Surplus Value Current - 290/1989 F350 Pick-up truck New - 2016 F-250 1043 1043 s40.454.95 $2,000 Current - 19411991 F350 Pick-up Truck New - 2016 F-250 1084 1084 $35,004.95 $2,000 Current - 29211990 F250 Pick-up Truck* New - 2015 F-l50 1043 1084 s32,552.45 s2,000 Curretrt - 103/1989 F350 Pick-up Truck New - 2016 F-250 t049 1049 $40,4s4.9s $2,000 16211981Dump Truck 26311983 Dump Truck 1084 1043 $3,000 $3,000 Total Cost:1043 $40,454.95 (s7.000) 1049 540,454.9s ($2.000) 1084 s67,s5'1.40 (s5,000) Total Budgeted:1043 $70.000 1049 $50.000 1084 $ 140,000 * Vehicle 148 currently operated by the Water Deparnnent will be reassigned to the Street Division and Vehicle 292 currently operated by the Street Division will go into surplus. As noted above, staff also explored other options. First, the option to purchase used vehicles was considered but was determined to be economically unfeasible due to the minimal price differential between used and new vehicles and the used vehicles will need to be retrofitted with beds, ladder racks, upholstery, etc. zrs necessary which adds to the cost ofpurchasing used vehicles. Next, staff also researched the option to lease vehicles, but this option is not recommended because leasing depletes the City's asset value. Rather, owning vehicles is considered by the American Public Works Association (APWA) to be a best management practice. Lastly, the option to retrofit current Department vehicles was considered but also determined unfeasible for the reason that finding parts could become an expedition and some parts may have to be engineered and,/or welded together. Page 2 of 3 Proposed Purchasine Method After considering other altematives, staffis recommending approval to purchase four Ford F Series utility vehicles (three 2016 Ford F-250 models and one 2015 Ford F-150 model) for a cost of $148,467.30. If the Departrnent's request is approved, then the Departrnent staff will work with the Finance Department Purchasing staff to process the orders promptly . This type of purchase is exempt from competitive bidding per the City of Vemon Municipal Code Section 2.17.12(A)(5) which states, "(A) Competitive bidding shall not be required for the following: ... (5) Contracts (a) with other govemmental entities for supplies, equipment or services; and (b) for supplies, equipment or services that can be purchased in cooperation with other public agencies, associations or when supplies, equipment or services can be purchased from a vendor offering the same prices, terms and conditions as in a previous award from the City or another public agency either by competitive bid or through a negotiated process and, in the opinion of the Finance Director, it is to the advantage ofthe City to do so." The City ofLos Angeles recently selected Rush Truck Center for the purchase ofFord F-I50 and F-250 tmcks which included Ford's Govemment Price Concession (GPC) discount pricing for the Ford F-150 and F-250 trucks. Ford Motor Company's GPC for their State and tocal Govemmeat Sales Program is desigred to provide discounted vehicle pricing to eligible state and local governmental agencies. The proposed vendor, Rush Truck Center, is a vendor for the commercial vehicle industry and offers Ford's GPC via Piggy-Back contracts. The GPC discount from retail prices varies from $6,000 to $7,600 per tnrck. Rush Truck Center is located in the City of Whittier and provided staff with the pricing for the four vehicles. The Finance Department has reviewed and approved the City's participation in Ford's GPC discount pricing per the City's Municipal Code Section 2.1 7.12(A)(5) discussed above. Fiscal Imoact The fiscal impact for the approval to purchase four Ford F Series utility vehicles (three 2016 Ford F-250 models andone20l5 Ford F-I50 model) is foracost of$148,467.30. Funds were budgeted in the approved Fiscal Year 201612017 Department Budget for the purchase and replacement of four vehicles as follows: Table 2 - Public Works, Water & Development Services Department FY 201612017 Budset for New Vehicles 1043 (Street Operations)1049 (CirY-' Buildings)1084 (Water) 1 - Utility Truck F-250 Super Cab - $70,000 I - Crew Cab Pick-Up Truck - $50,000 I - Ford F-I50 - $60,000 I - Ford F-150 Utility Truck - $80,000 The City's General Fund will benefit from the surplus vehicle sales. Attachments I ) Retail Sa.les Orders from Rush Truck Cenbr Page 3 of3 Rush Truck Center, Whittier 2450 Kella Avenue V\hittier, CA 90601 I Retail Sales Order PLalc cntcf my ol(hr lor tia ltilowing: E N€w E F.E.T Appli..U. tr uscd O F.E.T. EErnpi 4305 Santa Fe Ave Vemon CA 90058 OV SEb Zc (323) 5$-€a11 (323) 62S1437 $n5lt 1FrEw1c83FKE65493 To b. dCiv.r6d on or.Dod 9/22016 TrucI W l bc Tdcd rn Vehicle License, Transfer, Title, Transfer Charge (not a govemmental fee) Unpaid Cash Balance Due on Oelivery 'S.. Tnde.and.t iL on p.g. a OOCUIEIIT PiOGESAIiG CI{ATG' IS i'OI A GOVEiN II{IAL '!E A?tocls9lxc cxaicE t3 iaot ttqutito aY rrri, ruy rly !Eto cusTorEia tot H^raotllrc Docurlxrs iEtaIlic To TH! ltarE.llocur!.lI tnoclsstxc cHAiGE rly Not lxc!!o tao.oo. tt{lt irortcE tt - THE AOMINISTFiATIVE FEE IS NOTA C{VERNTENIAL FEE - Cu.tdn€r, by tha eraculion of thl! Or6ar, ofiart to puachaae tl'rad$crltad above upon thc Tama and Condllioo containad hereln. Cu3torx. ac*nowlcdg.i th:l Cuato.nar ha3 rEad tlra Tarmt and Coodldona of thir Ordcr on P.go 2 and ha! racriwd a trua copy ot tlrir Ordar.nd tha T.mt and Condltoita. UiILESS A CHARGE lll CLUOEO IiI THIS ORDER FOR PUSUC U A|UTY OR PROPERIY OTXAGE O'SUM CE, PAYXEI|T FOR SUCH COVERAGE IS IIOT PROVIO€O BY IH(, ORDER. I{OTEE. 1{o F.aon la Trqukad aa a condlt on paacadantto fnanclng tia Frrchaaa of an al,toanoblL t rat any lnaunrEa ba nagdrtad or ps.chaaad lhrough a partcuL. l.anrranca agant oa baol(... Crl3tomar'a Slgnrtu.a Data OFFER RECEIT'ED BY: SUBJECT TO AAIUSTUENT - FINA! F E T MAY VARY ANY F E I VAR6I{C€ RESPONSEUTY OF DEALER llOtEEr tBE FOLLOWI{C AeE ImRI NI PiOVSNS ()F Tr0S ORT ER II{3 OROER CATCELS AI{O I\IPEiOEOES AY PRTh IoREEE {T3 ^lio, A! OF THE O TEHEiEOF, COFREES HE COFII|TE AO EICL('SIVE STATEEN' OF IHE 'EII'S OFrl{E AGREEEI{T BETWEEII THE PIRTGS. q,,!TqER, THEY T''!'T EC I{ Wi''ilc A'{D SPEC'EALY EIE{ITC]D AXO NEFEFENCEOil Tfill OTOER; OmEillsE, TH€Y h,Ll tlOT aE -toltc Ol{ OR El{FOlCEl&-E .iA'|SIDEAIEI. IIIERE ANE llo UII$'R-| TE{ OiAl. AOREE.TEITS BETWEEII TI{E PARTES. Rush Truck Center, Whifrier 2450 Kella Avenue Vlhittier. CA 90601 Retail Sales Order TERMSAND CONDITIONS 1 . Pt,rL. to Ord.c O.nnEon! Ar us€d in ui! R6rrl Sd6. Od€r COEI€O. h€ r6ms: (a) O€dsr rhll ,n.!n h€ Rulh O€ds '(bmn.d at tE lop or tE frst P6!E or ths Odor (b) shsl m€an ltE csstcrnef idsiih.d on tn6 f rs p{a ot thr od€r. (c) 'Mfidd/l!(!)' $d m€'l 0t€ odity or ontt6. tnat mand&tlld th. Produc{s), n ban9 und..slood by o..5 is in m r.sf€cr rh6 a!61d Mmut6dure(s):and (d) ?rcduc(s)' shd m.ai the 64 dld/or u..d lillrd. or olh.r cdnpononB, 4...3.di6. or producl!, w cn r.8 i,10 by CrBlaner, a! sl torrr D th'! Ordd. 2 yyARRAXTY OlsCLAXEnS Ar{O UXTTAnOtlS llEW PROOT CIs - XAXUFACIURGRW RRAI{nES OXLY. Any wanenlia m r,.., n v PrcdLE{t) !.ld u.dr Uri. Ord6 s€ lnttcd orty io rry p.irbd Utxrlurer! w'r'ltq to Custqndsith lrl3 Prcducl(t). EXCEPT FOR ANY SUCH WARRANTIES MAOE BY MANUFACTURERS. THE PRODUCT(S) ARE SOLD WITHOUr ANY OTHER WARRANnES. OR IMPLIED, INCLUOiNG ANY IMPLIED WARMNTY OF MERCIIANIABILTTYOR FITNESS FOR A P'RTICUT-AR PURPOSE, EACH OF WHICH IS EXPRESSLY DISCLAIi'EO t SED PROOTrcIs. any us.d Bodud(s) lold rhd6r h!, oldr 'r lord on m 'AS rS, lt/}lERE rS' ba6. $hout sty lvarrnie3 Dy Oe€lc. EXCEPI FOR ANY I{ANUFACTURERS THAT MAY STILL BE IN EFFECT ALL OTHER WARRANTIES. EXPRESS OR IMPLIEO, INCLUOING ANY IMPLIEO WARRAIITY OF UERCIjANTABILITY OR FITNESS FOR PARnCULAR PURPOSE, ARE EXPRESSLY OTSCLAMED I h. Ft!tuq!) rE dd Ey O€d6 a C6rtfd Pr6orncd', n!. wr V o( rsEnardiiy B ml (,i.dt nd- ic€s- OEAER PROVIDES NO OTHER WARRANTIES. EXPRESS OR IMPLIEO. CONCERNING ITS SERVICES. Ir!! S.rvi.r! Wrr ty,! nnc{y Imrl€d lo S.tti€ls P..lb.rD.d by D€d€. by rt'€ hid-9ari, servica prolid€r- TO OIHER WARMTIES. EXCEPT AS SET FORTH AAO\,/E. O€ALER EXPRESSLY qSCTIIXS Al-L WARRAMES, EXPRESS OR IXruEO. 3. R..pprrl..l ol T..ddn V.nEh. ri uE moio. l/!hid. which h.3 b..n had.d rn (Tr.ddn V.hid6') 3! 6 pd or rh€ dlsd..Elidr fd dl. Firdu.{!) dd..!d h€..ur6r ir ml to b€ vohid€ f lll€ rospprds€d valu€ is loi€r ttlgl Urc o.ignd {oeen e shown on the tronl ol rs Od€( Collorn€r m!y, if dissdisf€d, crEd trIr Od6. he Trad€.ln Votido ro O€d€r- Culom€r *arr.d! rh€ Tr.d6.ln VehlcJ8 ro be Cuslo.nors prope.ry ftc€ and d€ar o( { li€rB and e.rllnb.ance. oJprtond r,.E rmpo3€d on or rpccsu€ ro tr6 b'lsdon cover€d by trs oftiEr. reg,tl€ir of *ftch priy may hn pnm.ry tlx li.llity tl€f€ol 7 Guto.D./. D.pclt Any Cunornel! depoir, Eh.th.r c..h d Trad.-ln velld., 3ird nol ba rlft dld.rc.pi du. to osalds ltlu. to dra\ar rr. Prdu.{3). an.r cusro.lE r.c.irE3 .ith€r pos!.ssidl or t{e ro ul. Product(s) h.r.unde, shdl b€ oovem€d by fd @n!tn d aid r €r.ated rn ac46rdancc wth, rha l6w3 ot ol€ stdc m drch 0€d6r rs locabd, nrirod regrd lo corfcr o{ law pnnciie. T'h6 stat in wtrich O.der rs locacd Custdner ha5 mo (1 ) Fa. from lha arud of any c:o56 ol .clio. .rirng lrc.n th€ purna.. of O'€ PrdEt(.) to cor ncrr€ an Adion aoart O€d€. Adioo in tn€ alrn uE o.d.r P.!lri.. nsmirion devic. pu.sufil io ptuch ihe rgnEturc ol o. on behd ol such pa.iy c't D€ 3€€n, su.t' eBcr,iicn rl(l d.'liv€.y lhd !€ csrsdd.d vdd, ndng ild otlsdiv€ io. d an onginaldoca€rn Additdrdly th€ signdu.a ol any psty on lhi! Ord€. Lrrs.ritled by ray ol a lbcslm|e mdin€ or dnail shd b€ cmrd€rEd lbr aa pupo..s a gl oriOnd r}.!o.'l.d by C(llofto. in 6n oriC l brm, Ui3 O,tL. lnd b. d!.r|td b vidd.rr, appacd.lsw o Ggdlton, .!cn irMlid pllriion or p.rt ol e piwiJdr 3hd D. in pptc€Dle, BUT tf, llnidlt pen oa td proyiridl r|d Ul. Ordor shrll €D.tinue ro be binding and .rnorE at . rcduc€ €.ni3don! of dr polulants- lrE- end -ry ol itt t1f.163 hfr{.ss io. lo3!€s or damaCa $icn agrns, 6mploF.., sra.rdri€., dnt6, h€i6, rld a*igns may irE, or srn€r 6 ho r6.tl! ol sr'y r'.rl(IngAr R€.ourEa. Board (CARB) rogdsliorE or limilar r€elaaiton! \dM! mly bc p€idin0 d €oet d by orEr lrrb3 or n|€ r6d€rd gov!fln6ot axp€*lly cons.nts io an, such contacl b6mg mad. by fi. rtost a{fidarl tacindogy aveilau€, hduding but not limrt€rl b. autometed diding oquipmcnt auiDrnrtld and prlrlcorded m63sag€3, cvcn f cuslomor ia chErEod ior the contact Custofier Inrtial Rush PrivacyPolicy Foi r{onpuHlc Pe6onrl lnioiratbn Disdos€d in Conraction with th. P.ovbbn of Fin.nctal ProducB or S€rvtes FACTS WT]AT DOES RUSH TRUCK CENfERS DO WITH YOUR PERSONAL INFORMATION2 WHY? lFinancialcompanieschoosehowthEyshareyourpa.lonalinfo.mation.FedeallawgivesconsumeGtherithttolimrtsornebutnotallshlring.Federallaw also requircs us to teliyou how we collect, share, and protect your personalinformation. Plear€ read this notice carefullyto The types of personal information we collect and rhare deF€nd on the productor service you have with us. This information @n include:. SocialSecuritv number and income. Account balances and payment history. Credit hinoryand employment information Allfinancialcompanies need to share customeri p€rson.l information to run theireveMay business. ln the section below, we list the reasons finandal compa nies can share their cuttomerl personalinformation;the reasons Rush TauckCenters chooses to share; and whetheryou @n lim( this Reasons we can share youa personalrnformatDn Oo€s Rush Truck Centers ihare?Can Vou limit this sharint? Foa our ev!ryday buiinBs puiDc€s- Such at to processyour transactions, maintain your account(s), respond to court orders and legal lnvestiflations, or report to credit bureaus For o|Ir nra aiint puapos6- To offer our products and r€rvices to you For irint markEting with oth€r financial coft penies Foi our affili.t s'everyday bGinais purpc.s- lnformat|on about you r transactions and erpenences Fo. our alfillataa' ev!.yd:v busln€as purDosaa- I nformation a bout your caeditworthiness Foa our arfiliates to maatA to you For nonatfiliatei to marlet to you Ca 62G5249 Who we are Who b p.or,ldlrg $h .lotk!? What we do Hor dG Rrlsh T.uct Canna.s p.ptect lny panoial lnionnatlon? H,ou dG Rush Tru.t Centerr aolhct .lly paitoial lnio,m.don? tryhy can't I llmh .ll iurhg? Defnilaons Afiiliates Nonaffiliate5 Joint marketinB Rush Enterprises, hc. and its wholly own€d subsidhnes. S€e 'Other importam i.formatton' b€tou, for a listing of companies. To potect your penonal information from unauthorized access and use we use t€curity measurB t rat compty with federat law. These measuGs include computer safetuards and secured fites and buitdings. We collect your peEonal irrormation, for example, when you. apply for financin8 .8irr€ usyour income infonnation or provide emplolnent information. provide account infoamation oa aive us your contact infoflnatrcn we also collect your personal information from othe6, rudt as c.edit bureaus affthtes, or other comFEnies. Fede6l law 8ive6 yo'r the right to limit onv. shanng for affiliatei evenday business purposes-informatbn about your orditworthiness. afliliatea from usinS your inlormation to narket to you. sharinS for nonamliates to martet to you State laws and indMdual companies may dve you additionat ridts to timit *€nn8. Coopanies related by com mon ownership or corfiol. Ihey can ba financlal and nonfinancial companies. Companies not related by common oryoeaship or cont.ol. TlEy can b€ finaacial and nonfinanciel companie5. Rush do€s not share with nonaffiliates io they can marle! to you. A formal agreement b€tween nonaffiliated finarrcia I comfEnies that tolether markA financial products or serYices to you. . hcludes lenders, finance conpa nier and financiat sewice providers Th,s noti(e ismade by Rush Enterpnses,lnc. and rt! wholvowned subsdiariesin the Rush Truck Centers'famiV of companies: Rush administrative Servrces, tnc., Rush Truck Cente6 of Alabama, lnc., Rush Trucl Centers of Arirona, lnc., R ush Truck Cente6 of CatifomE, tnc., Rush Truck Centers oI Colorddo, hc., Ruth Truck Centers of Floricla, lnc., Rush Truck Cente6 of Geogia, tnc., Rush Truck Cente6of tdaho, tnc., Rush Trucl Cente6of New Meico,hc., Rush Trucl Gntersof North Carolina,lnc., Rush Truck Cente6 of Ohio, lna., Rush Truck Centerr oI Okla homa, hc., Rush Truck Cmte6 of Oreaon, Inc., Rush Truck Centers of Tenness€e, tnc., Rush Truck Centers of Texas, Lp and Rush Truct Centers of Utah, Inc., Rush Truct Centers of VirBinia, hc. This Priracy Policy does notapply to information obta ined rn. non -financiat tiensaction. Fleet Concessrlon Manag.ement : Search HOtaa cor|rFlslon lt@rEP Fleet Concession Management coiclsoiTuroqat coiGEssroraaooqrFrurot^! c(Etctt roar aE(luEst liartv coiEllltto.a ttQvlllt ilErw/EDrl Fage I of I runotr! @|5IAC' (l3 i cpc rtpe: lE- 3firrra i@oaor5. al,l2,&t6 CA Ca- 2a+1!o 2+F-r5D x.t-ill 2a.F1S iEt*,le&tuti* tli' q msoesrYrEi.E 7.!d lab ,lY,tgFltDfi! ltffi.EtaE !.r5 ;$ #Sl$lEsrYtrlFE lao 6g a@t?g6 ]/Erl6c Frrra.da ira !r.!ao Ptia#r M ,,E,$ ryye, uhOrr rzrEro L@a r{rA haps:/Avww.flEetconcessions.dealerconnection.com/Dchler/scr_tocalconcessiona.sp 8nsnorc GPC! PflqE.LEI/EI REFOAIE RE'I-FI}I GFC TYPE -ryIRUCT GEIIERS Rush Truck Center, whittier 2450 Kella Avenue vlhflier, CA 90601 I Retail Sales Order PLrsa antar my ofilar tor th. lulo*lng E N6x O FE T, Appll:edc tr U!€d O F.E.T. EEmpi 4305 Santa Fe Ave Vemon CA 90058 Ary Ste Z!9 (323) s8s-o8ii (323) E2S1437 Tam xL SrF cd,G6 Ano r.&! S.d5i fl 1 FT7X2A63GE D 12 593 To b. ddivced on or aboui 9l?,212016 Truck Will be Tited rn Transfer Charge (not a govemmental fee) Total Used Vehicle Allowance ' Unpard Cash Balance Due on Oelivery 'S.. Tradain detail! on plge a oocuxtxt trocEgririac cH icc tS raoy a covEtxIExIAt tEE ariorcElgtxo cHAtG! t9 raor ttoutiEo ay LAi, aul IAy a!ro cuSToI ! tot naxDtr{c DocuMt! t]lltitlxo to fi! aatEllorculELT ttocaslllxc cHAtGl ray itot lxctlD 380.@. rlll5 ioTtc! ttEQI'IED tI III. .IHE ADXINSTRATIVE FEE IS I{OT A @VERNUEMIAI. FEE - Curto.nor, byth..rccudon ofthi. Odcr, ofi.6 to porch... tlie Product(.) daacrlbad above upon tha Tanna and Condltona coEtalndt heTaln. Cu3tom.. ackno*edgar that Cu.to.nar har iaad tha TenrE and Coodidon! o, this fr.r on Pags 2 .nd h.3 rac€ived a trua copy ol tiia frcr and t ra Taifi! and Condltona. UI{LESS A CHARGE ItI iICLUOED IX IHIS ORDER FOR Pr'BUC UAAUTY OR PROPERTY DAIIAGE II{SURAIICE, PAI ETT FOR SUCH COVERAGE IS XOT PROVIOEO BY THE OROER. t{OTlCE. ?ao p.i!6n i. r.qul.rd.. r cordtdon Irrc.iLltt to fin nclng ih. po,Ehraa ot an auto.noblL thal any inru?anca ba nagotatad or pu.rh6ad thrgugh a paaucuhr imrranc..gant o. brotr. Cuatdraa'a Slgattrlt OFFER RECETVED BY OfFER ACCEPTED BY SUBJECI IO AD.'USTMENI - FIMI. F,E I MAY VAAY ANY F E I VARIANCE RESPONSIBIUIY OF O€ALER l{OrtE: IHE FOLLOWIG AiE lmRTArlI PiOvtlOxS OF rHB O;@ER TIG] OROEN CA,ICELT Al{O g'PERCEOE! Al{Y PiPR AGREEIEiTI! X'O, '! Of TtrE OATEHEhEOF, COIAiIES HE CODLE E AlO EICLUSIVE IIATEETIT OF TIIE IERE OCftE AGAEEEXI g€TWEEX THE "iTES. F Ar{Y FEPFET€t'fl rtlll!, spEcrpattoits oR oTltER lGaEErEiT3 aiE iELCo utoa{ ayCUSTOEi. THEY I'3T EE 'T WI,IiIG M' lPECFErl.lY DEXITED A'{D REFEIEXC€Ot{ rHB ORDEi; ODIE iSE TI{EY u,LL t{OI BE Eatoitc Oit Oi EI{FORCE ALE AcAttSrTEAEE THEiE AiE I{O UI|i^IRITTEI{ OR LA6iEEENTS BETIYEEI' THE 'f,RTEI Rush Truck C6nter, Whitiel 2,{50 Kella Avenue Whinier. CA 90601 Retail Sales Order TERMS AND CONDITIONS O€!ts. i! in no r€!p€<t d!€ .Can o( Manu6.tur.(!). lnd (d) 'Produ.{s)' 3h{ m€a the 6es md/o. u.d vt*id€ 6 o0!6f cdnPo?Ents. .cc{Bldi6 or producB. tiidr r€ D.ing by Curldrar, es !d tonh n tllls Od.r. 2. WARRANIY O|SCLA|XEiS At{O UX|TAnO}€ t{Ew PROOI CIS - IA,{WACIURERWARRTfinES O|{LY Ary rEfenr6. ql .ny n r PrcdLd(!).dd udr Uit ord.. se rfrit6d ody io rty P.irr.d Mtt tctrlrs w'rtdi.. io Cu.toftGr wiul tlE ftoduct(!) EXCEPT FOR T$lY SUCH WARRAiTnES MAO€ BY MA,{UFACTURERS. THE PRODUCT(S)ARE SOLD WIrHOUT At{Y OTHER WARRANTIES SOR IMPLIEO, INCLUOING ANY IMPLIEO WARRANTY OF MERCIIANIABILITY OR FMIESS FOR A PARTICULARPURPOSE EACH OF !/!'HICH IS EXPRESSLY OISCLAMED t SEO PROOUGIS. Any us6d Pro.tuct(r) sots (nd.. hB Oda. rt sold dl 6n 'AS lS, v\/}lERE lsi beie. stroJl ry wsrs{i!. by O€dor EXCEPT FOR ANY MANUFACTURERS' THAT MAY SILL AE IN EFFECT, ALL OTHER WARRANTIES, EXPRESS OR IMPUEO. INCLI,OING ANY IMF'UED 'iIARRAIITY OF MERCIiANTAAIL|TY OR FITNESS FOR PARnCUI lR PURPOSE. ARE E(PRESSLY OTSCLAMED r 116 FMuc{.) r..dd by D€d6 3lc.rtlha PGoNn (r tl€ tdr'lty of lrufdrrtBiny '! 60l dsddflrd UXIED U{ARRANTY ON SEFI |CES. O€dd urr. ! t|rr d ...vi6. p-fdrnd by D€d.r 16 Cutiorhd in c.riunclio.r lttn !l€ sd. of tE PIodud(t), ind{xrng il'P9lcSL in.ddim. ct6 oEAER PROVTOESM) OTHERWARRANTIES. EXPRESS OR TMPLTED, CONCERNINGITS S€RVTCES The Sdtrc..War,lty r! stndyhYnEd lo s.fvicE P€.lorm6d by 0.d€. by th€ tir(l9aiy r€oc€ prosdd NO OTHER WARRAIITIES. EXCEPT AS SET FORTH AAOVE, OEALER EXPRESSLY DISCLAIXS ALL WARRANNES, EXPRESS OR ItIPUED. V6rid. I tle ro.ppri$d vdu. i.lo*Gr ultt tl. odind doienc. 3hown on th6 liod or tlit Od€r. Clstom€r may il dis.alisli€d. ctrd Ei. Ordt. /t O.I!.ryo, Tr.d..tn V.hbb byCurtorxr; Curlolnarwair.fit,d lld.. Cucdn€r agr.€r to ddta to Oedcr srlistaclory .vid€ict ol lid.lo uE Trad€-ln V6lrdo tl U€ lime o( tle Trado.]n vohEle lo ooder- cucorno. w-arra.t 1116 T.d6-ln v€hdc ro bc cusrcrn.ls p(oP.rty n . and cl,.3r ol el li€ris drd .trurnbrarrc€s dua. in rftle .. rn pft, to alty c.t!6 bcF.E t E r.!!on€u6 cdird, E i! r hod fe gro3s mfI!€rl. d int€,rtsld misadrdud, ot oadsf. E:EnPl€. oa 6!96! boFftd D.d.rs o.orpdion{ ia.E bas.d oo !d6 vdum. (bd.rd. d.l6 o. lcd) ur{6s e4.6.sly so lnt d- C!3lo.n.r a.$m€. and .Orc lo pay. unL3s Proaibit d Dy Ew, .ny such 361.3 or s.. o. r6.E rmpo!.d on or 4dic.ue to tlle Es.rs.clion corilr€d by urs od€r. r696ftlo3s o, wndr pany may hav€ pnmty 16r l(rbIty uEr.ol- 7 Cu.tdlId. o.p6lt. an, cusrdn€r! dcpo$. rh.rl.r c5n E Trsdern v€tid€. !h.l nor b€ lafurr.d.rc.pr du€ ro o€c.!'. fdh,l lo ddti.r 016 Prcdl.d3) alter Cqnomer r€c.r'r€3 elti.. poss.ssicn or t'Ue lo u€ Produd(s) 9. Go{rmlng lrr; V.nu.; nm. to Cotnm c. Acton. Erspt to ttE oro Urer ih.laws of h. Udt d Slal€. m€y ?ply or oth.rBlse cootoi his Ordt, tno nolrlt arrd oblgdons.{ tl Anql in ti€ .v.d ft.i D..E pr!ld!. t-ansmision d6tic. pursuslr ro wtridr ih. sign.tur. ol or on !.hdr ot s{lcn pariy c$ b€ s6€n. .uch €Ecrndl and d.liv..y shd b€ co.Bidg€d vdrd, tindne d clt ctit for dl 6s 6cnd doqn€n[ Addiliql'lly, ttr6 ,gmt 6 ol ery pfiy on lli3 od.. Efisritbd by way of ! faeimil€ mactim or ernrl thd b€ cdrsid€r€d b. d prrpces a a. mind rE.EI€d !y Cuiomr in an origird lbrm. of h. Od.r shd c.fl,nu. io bt bmding 'ld .nfo.ctau.- ra.C.lfbmlrAlr R..ourE6 Bo.id Obclo.urr. An oflod h€aq,-duty die.d o. dr€.n6tG-d€.€l verxd. opor-rled i. Cdiiornia m.y b€ sub,ed lo le Cd'focia Ar R€sourc8 Botd lo r6duc€ €.nis!i&s ol ar pdutalB lo bnng n ido compliryrc. sor p.ndrng CARB o. dh.r govfirnmtd..g'ration! rhich a. erEct€d rn6 oE ddto or F chae. Cunorn€r dso.9.€€! to tlold Rush T.uck Conl€r! ol Ar R6o(,ca! Bo8d (CARA) ragd€liolE or tnils Egdslions Btich may bo p€.ting or 6ndod by o'Er lrdl. o. uE r.d.rd gor.rrflr€d cal phonc numtars, and tandtino numbars. io contact Custornq ior purpGa3 €letcd to Uris account, indudrng dabt cdlcdion and m.rt.lino purpo363 ln additbn .xpraegy cons.nts io any such contacl bang m6Ec by lhc most €rrocd tcdrndogy avadeu. ndudng but not lrmned !o, aubmatcd dirlrng cqurpmcnl, eutoma!6d and prcrecoded messages, atsn it Cultom€r |3 charg€d ,or th€ contact Custorner lnrtlal RTC Sri20Ce.fi4 Rush PrivacyPolicy For ilonprik P.Eoo.l lnto,m.tbo Dbdoiad la Conttctton wtth thc Provbbn ot Fiiaidal Prodrr<B or Sarvlcls FACTS WHAT OOES RUSH TRUCK CENTERS OO WITH YOUR P€RSONAI. INFORMAION? WHY? lFinancialcompanreschoosehowtheyshareyourpersonalinformation.FederallawgivesconsumeEthenthttolimitsomebutnotallsharing. Federallaw also requires us totellyou how we collect, share, and paotect youa p€rsonalinformation. Please read this notEe carelully to What? | The typer of p€rsonal information we collect and share depend on the p.oduct o. seruice you have with us. This informaton can include:. Socl.lSecunty numb€r and income. account balances and payment hinory. credit history and employment information All financial companies need to share customers' p€rsonal information to run their eveayday business ln the section below, we list the aeasons financralcompanies can share therr customeG' persona l into.mation; the reasons Rush Truck Centers chooserto share; and whether you can Reasons we can shareyour p€rsonalrntormatioo oo€s Ruth Truck Cente6 share?Can you limit this sharint? Foa orll a'tnrFay h.6irEss purpG€s- Such as to proces5 your t6nsactions, marmain youraccount(s), respond to couatorders and legal lnvestiaations. orremn to credit bureaus Fd oua nEatadng pu4roaa5- To offer our groductsand Services to vou For ioint marketint with other financial comoanies Fo. oui.fnbtes' ev€ryday buaina$ purDccs- lnformation about you r transactions and exp€riences Fo. our affihtaa' at !.lday blrsi.lss purp6€s- lnformalion about vour creditworthiness For our atfiliatls to markct to you For nonaffilaates to ma*etto you Questions?626.5249 who we are Who b prov5ht tftis nott ? What we do llo0 dG Ru5h Truck Ccirtalrt paotcct iry Fisonal htonratlor? H,ow doaa lush Truct C.,trrs co[act my Fllonal lnbnnatbo? tlrlry can't I irnit all sh..ll!g? Definitions Afflliates Nonaffiliates loint marteting Rush Enterpns6, hc. and its wholly owned subgdiaries. 5€e 'other important informatlon' b€lo{ for a llsunt of compani.'s. To protect your p65onal informatbn from unauthorired acaess and usq we us€ secudty heasurcs that conpry mh federal hw. These measures indude compute. safeSuards and s€cured 6les and buildints. We collect your pe.sonal information, for erample, when you. apply for financing. give u5 your income information or povire employmert informatbn. provrde account information oa tive us youl contact infoflnation We also collect your personal infonnatioo from othe6 slrch as credit bu.eaus, affiliatet or other companies. Federal law givea you ttE riglt io limit only. sha.int fo. affiliated everyday bu5inei5 pu.posas- information about your creditworlhineas. affiliates from using your information to mar*et to you. sharint for nonaffliatea to martet to yorr state lawsand indMdual companhs may give you addltionalridts to limt sharing. Companies related by common o$,ne6hip or control. They can b€ financial and nonfinancial comFEnles. Cornpani€s not related by common owneEhip or control. They aan befinanchl and nonfinancial companles. Rush does not share wlth nonafhliates so th€y can marlet to you. A forma I aSreement between nonaffiliated financial companies that totether ma,tet financia I products or seruices to yor,t. . hcludes lenddt financecompanies and financhl serviae providers Thisnoticeis made by Rush Enterpriset lnc. and its wholv owned tubsidiariesin the Rush Truck Centers'famiv of companies: Rurh Admrnrstrative SeMces, tnc., Rush Truck Cemers of Alabama, hc., Rush Truck Centers of Arizona, I nc., Rush Ttuck Cente6 of Califom ia, tnc., RushTruct Centers oI Colorado, tnc., Rush TaJck Centers of Florida, lnc., Rush Truck Cente6 of G€orgia, hc., Rush Truct Cente.s of tdaho, tnc., Rush Truct Centers of New Mexico,tnc., Rush Trucl Centersof Nonh Carolina,lnc., Rush Truck Centers ofOhio,lnc., Rush Truck Centers of Oklahom., hc., Rush Truc k Cente6 of Oregon, tnc., Rush Truck Centers of Ten ness€e, I nc., Rush Trucl Cente6ofTexas, LP and Rush Truck Centers of U tah, tnc., Rush Trucl Cente6 ofVirginl., tnc. ruEloflFka Cwssiru !,{em3ret : Solch taa.-cdll coEeEllrdD oar-tulo 4EA- ; Dilr*-.ircrr G Ftcrlt Concc-ssno a nanilaigent,e,nt OEllarDan ntr' !_'E!o"tnitt ' aErEaEEaltlr @'GE i_lcrlli,tlr,,'Dll .tg [c^4Jrm\ J t-E: t?a : ."ATE !'+ItrarD 'FralslStrl+{5ltr!a uf{a,G8 D ,+{lEi lD Eat.rrirErc-FJtrlia {ra lilcr!I.,WEXIrao 3llic.!tut,EarDdrrgc.aartli UI' al{ nt rn lrs IGG O ITD rEt * itJlr! ngt .ftEra carc IIlrI [!6 !aor3 GGIO tlra 5 rta- ,rrl riE !6-ra rdn rara I --rrEs 5D .lcl a'ralrL lru't GJlr cGYr CA gA cA CA c httF:/^,vww.Iketco,ffiiom.dealercomcction.comliDealcr/scr-localcoacessim.asp ut5n0t6 Rush Truck Center, Whmiel 2450 Kella Avenue Vlihittie., CA 90601 I Retail Sales Order Plcasa antar my o.rbr lbr thc lulorrng.g N6r E F.E T. Apptic.blc tr Us.d tr F.E.T EEmpt 4305 Santa Fe Ave Vemon CA 90058 Ory Stn ?rC (323) 583€al r (3231 E261437Body TypG Siewice Body/Laddef Rac* Tdm xL SJp€rd/Ga. /Arno Trm. To D. ddiv.r€d on or ab,n 9n2no16 Truck w'llbe Tded rn DealerPaidFET' Total Net Allowance on Used Unpaid Cash Balance Due on Delivery 'Sao Tradein detalla on pagc a Curtqrr., by tne .recuflon ol thlt Order, olt Ir io ;[ich:r. th. Product{r)d...rlb.d.boli upor th. T.rrr.nd Condltonr conirined h*eln. Curtdn.i acknowledgea th:t C uato.n.r h.r .ead lhc Tenna and Condhiona ot thia mar on P.gr 2.nd h.3 r.ceivld. Eu. copy ol thia fu.r.nd th. T.tnE rnd Condltons. uitLESS A CHARGE tS i{CLUOED t}t 'l{ts ORDER Fm PUBtrc UAATUIY ff PROPERW OAIAGE SURAIICE, PAYXEI'T FOR SUCH COVERAGE II' XOT PRo!,'IO€O BY IHE ORDER. |OTEE. Io paaaon b raqubad aa a coardltoll Faaabfil to finrnclag Ora poachaaa of rn |lrqllobla 6rat any lnaurama !a naoodabrt oa prrlh-arl lhllsgh r paadcuhr ln.llranca agant oa holar. Cultqrar,! Slgnauraa Data OFFER RECENIED BY: OFFER ACCEPTEO BY: oocuxcttt tiocEsstxc cHAtoE rs xor a GovliNxENT ! rE!- lDocuxlxt ptocEsllrxc cr{nGC rs NoI iloutilD ay tat, aut IAy lc YO CUSTOf,EEi FOr ltAllO!|NG @CUXEXIS ial.^trXG tO tHa SALEDOCUrlit aiocllsllac c|lAtGE ay xot :xcrro a80.oo. THlll NoyrcE rt - THE AOMINIS'TRAIIVE FEE IS NOT A GOVERNMENTAL FEE - SUBJEC'T 1O AAjUSWENT - FINAL F E.T, MAY VARY ANY EE I vARl ^rcE RESPON9AIUIY OF OEALER I'(|TEE: THE FOLLOWTIG AiE IFORTANT PROV!rcNS Of THE ORDER IITI ORDER CAXCELT AI{O !ruPERCEI'€S AIY PFER AGFCEEXI9 ll{O,TS OC NTE OAIE HEREOF, C*i!SE9 HE COPLEIE AID EICLUSNE 9TATEEI{T OF fiT€ TERIT OF IHE ASREEET|i A€TWEE{ ]HE PARTE& f AXY REPiESEI"IAIEI'S! EPECfTANOTS OI OTIIER AOREEENTS AEE REILEO UPOII BYCU!ft'ER, IITEY f,IsI BE I'I WR''I{G AlO 9PECTEAI.IY DEI{ITED A,lO iEFEREI{CCOal TliB ORDEti OTltERWll€. rHEY Wt-L ilOI BE S,{O!|G o|{ Or EitFOiCEABt-E AGALSTI'EAIER. THERE AFE l.(I UI{WE-rIET ORAL AGREEENIS g€TWEE' THE PA TE. Rush Truck Center, Whifrier 2,150 Kella Avenue V\hittier, CA 90601 Retail Sales Order TERMSAND CONDITIONS Dod6r rs m m mlp€ct 01€ rgdn ol Manur&tura(!):a.d {d) 'Produ.{s)' shd m.El rh6 n.{ sdlo. q8€d v€nc}. r o&€r csn9orEllls. ,ccr6soria3 o( prdu.l! wtich r. b.ing by cusldr.{, E !.r brtr n fts ord6r. 2, WARRATTY OISCLIITEFS AXO UXITAIX)I{S tlEU, PROOtrcIS - XA|UFACIURERWARMInES O LY Any warrent6 on &ry mr Pmdlcl(r) .dd rnd.. tri. fug r. an*!!d sly io sry Finiad Mtitr,lft wi?trii,.. lo Cuslorn€rBith lh6 Produd(!) EXCEPT FOR ANY SUCH WARFANTIES MADE BY MANUFACTURERS. THE PROOUCT(S) ARE SOLD WITHOUT ANY OTHER WTARANTIES OR IMPLIEO, INCLUOING ANY IMPLIEO WARMNTY OF M€RCHANTAAILITY OR FITNESS FOR A PARIICULAR PURPOSE EACH OF WHICH IS EXPRESSIY OISCLAIMEO, LEiED PRODI CI:i. Any u..d Producl(s) lold drd€r t|l3 Ord.r ar sold on an 'AS lS, VIHERE IS' bar., withoq( any wlnrii.! by O€€b. EXCEPT FOR ANY MAI.IUFACTURERS T}IAT MAY STILL BE IN EFFECI, ALL OTHEF WARMNTIES, EXPRESS OR IMPLIED INCLUOING ANY IMPIIEO WARRANTY OF MERCMNTASIUTY OR FITNESS FOR PARTICUL R PURPOSE. ARE E(PRESSLY OSCL.AIM€O I 0]€ Produd{r) a! sdd D, O€d.r a 'C,rrrfd fte'o$ft(r. t'r6 udrrriy ol nrrdlrrir!{iv 6 llot dilcLiI€d oEALER PRoVIoES No oTHER WARMNTIES. EXPRESS oR rMPLrEo. CONCERNTNG ITS SERVICES- rhc S.nic4 war.ty,. cndy hii8d ro S€nices p.rldm.d by Oeerer by lh. fift|-pffry serlrc! Provds I{O OIHER WARRAINES. EXCEPT AS SET FORTH AAOVE, I'EALER EXMESSLY oISCLAIIS ALL WARFA ITES. EIFRESS OR If,ruEO. 3 R.4p..El o' Tr.d..{n V.hlcL.li tlD moro vdiclo rlrich h6a b6rr Eidad in cTrdeln verid!') a 5 pdl d rh6 corud€rEton tr th. Prdu.{t) o.d..d h€r!und.. ir iot !o b. vetide I t'€ r8?pr:i!ad vdu€ ir lox.r ulan h. orifind dosm€! sho*n m [E liml o( lh3 Od.r. Cu!b.n..m.y. ir diss.tri.d..sl.d lhs Ods- tE Traddn V€h'de lo O.d.. Clrstomcr wfirlts lh. Tr.d.-ln Vehd. to b. Cu3o.n.i/3 prqeny tr€e aln da.r of al lr..rs d srErmbran6. r! du€. in wtol€ or in parl lo Jly ca!!€ b.yord tlE r€alon5bl6 cdnrd or rs Hthoul lhe groar neglgemr d 'ln€rnimd mEco.rducl. of O€d6r Esnpl6. or c5r!€! b€yond O.d€/3,€ of in Parl lo Jly ca!!€ b.yond tll€ r€a!on5u6 cdnrd or 13 Htroul lhe grosl n€$gem€ d rn€rnjmd mEco.rducl, ot D€d€r Esnd6. or c5r!€! b€yord t €ahr3 l6E impos€d on o. aPcc€bl. to t r€ trans&t@ cover€d by txs orde. regitl€!!3 ql *lich p€rry m8y h6t€ pnm6ry tar liaDfty ti6rE r. 7. Culldnf! I).gorll. Any Curlm.at d€polrl, slEti.r cEh fr T.ad6in vclxd6, shd nor b€ r€tln<l€d €ED{ du6 to o6dd! tdlurb to d.5,or fic Produq!). ai.r Culrorn r rEc€i\,€s 6iti.r porsa!!ic.! o. tit! to th€ Prcauc(B) lor any d.im. ftigelion.6d *!or or any oii€r l6gd o. admtufErie€ proc€€dng ('Acnon') invding Boy conEovsly of d.m bdy€€o or *nong h€ pat63 to Uis Od6r. i3 Aatqr in lre €Ert lhd DeCs pr€rrd!, - on{inal doo,rlent. Additndly. h€ ,9n€l'Jr6 ol an, prl, on lhi! Ods. lra|llnifl€d by yEy of a laim{e md[ns or snall shd b. conrd€rla ,or d pupos€! a3 an ongnd rf,&ri.a !y CLBto.ns in !n o.icind b.m. hit Od.r lnd !. dG.md b ud6L tr, ?Cc!d.lrw a ruOd.toll, .!.rr inv6ld pnni.ir o. pdr ol e proliiolr lhdl bc "r.pglc$lc, BUT 0r .rndine parl ol llc Foribdl d tn€ ol he Od6. lhd codinu€ ro b€ bindng rld .n orE aDle. lo rcduc..mislioos d rr po{'nr'B. b,irt n inro cmpl|'rc. Hth p.ndrrt caRB d orh.r 9ovllm6rd mldarixl! ,rcn rt .i&ld dl; tlE d!r. or pucn!!., cunorn r dso 4r!€. b hold Rulh Tnd( c.fl.r! olfE.arn,ryol s.fili.l.3 hrrt..slo.106!6 or dEn4.. slrch 4116, dnploy.6, s'tlidiries, .nliti6, h€irs, €nd asrgn! sy incq or 3rt6 a rh€ 16l.lrols., Frdinel\rr R6drce! Bo€rd (caRa) r.ldsrions or snllr r.gLastims wnlcn may b€ p€r6in9 or srEct€d by oti.r 9sr6 or !h€ r€d€fd 9o\,<r Ent 16 Cdlrltrnlctdon Con..Ilt O€El€r and any oihcr owncr or 3crvi:r. of thb scrount mly ula any inio.matim Customcr girra Oaslcr, induding blJl not limibd b .fl[il cal phonc numbars, and landlina numbars, to contacl Cuito[r.r lor pirrposa3 rllstcd to trls acaount, hduding dah cDtLdon and meftating purpGas, ln edditbn, 6xpFsCy consanB to 8ny such contrct bang madc by tic fiD3l aficj.nt tachndogy av.ilsuc, rnduding but not limiEd b, automsEd dialing oquipri€nt aubmaEd and proecod.d m€!sag6, ovrn n Custom€r l! charg€d fior ih. contact Custqner lnitial Rush PrivacyPolicy For l{onprbllc Pe.soml lnfonnatbn Dlicbs€d In Conn€ction whh the Provisbn of Financi.l Products o. Sarvkei FACTS WHAT DOES RUSH TRUCK CENTERS OO WITH YOUR PERSONAL INFORMATION? Frnancialcompanies choose how thev share your personal information. Federal law Sivesconsumers the riSht to limit iome but not allsharing. Federal law abo requires us to tellyou how we collect, share, and protect your peEona I information, Please read this notice carefully to The types of personal information we collect and share depend on the product or service you have with us, This information can include:. SocialSecurity number and rncome. Account balances and payment history. Credit history and employment information ate no lonqet out ct)slomer, we continue to Share your information as desaribed in Reasons we can share yourp€rsonal informaton Does Rush T.uck Centers share?Can you limit this sharing? For our everyday blrsi.Ess psrp6as- Such as to pro(essyour transactions, maintain your accoun(s), respond to cou( orders and legal lnvestigations, or report to credit bureaus For our marketing purposes- To offer our products and services to you For ioint ma.krtin! with otherfinancial comoanies For oua affifiatls' ev€ayday bGin€ss purD6€i- lnformation about vour tlansactrons and exoeriences For osa affifiatai' evlryday bssi.t.s purposaa- I nformation a bout your creditwo rth iness Fo, our affiliates to mark€t to you Foa nonatfilietes to marlet to you All fina ncial com panres need to share customerJ pertonal rnforrhatrcn to run theireveryday business- h the section below, we list the reasons finanoalcompanies can share therr customers' personal rnformation; the reasons Rush TruckCenter5 chooses to share; and whether you can limit this who we are Who b FoYUing thb notlca? What we do Hou dc Rlrsh Trucl Cents,s protact mY pcrsorEl infom.tioo? How doe5 Ruih Tnrd( Cantars coll€ct my parsonal infoEr.tir? \'vhy can't I limit all sh.,i.f,? Definitioos Affitates Nonafriftates lointmarketing Rush Enterpaisea, lnc. and its wholly owr€d sJbsidianes. See 'other imponant information- belo* tor a listing of cornpanies. To protecl your personal informaton ftom unauthorlEd access and us€, w€ us€ secudty measures that comply with federal law. These measuEs include aomputer safe8uards and secured fihs and buildin8s. We collect you. p€rsonal infonnatk n, tor example, wh€n you. applyforfinancina. gi!,e us your income information or prcvide emploFnent informatbn. provide account infoaanatbn or tive us your contact information We also collect your personal information fron others, ruah as credit bureaut affil-rates, or other companies. Fede6l law giy€a you rhe nght to limit onv. sharint for affiliate< everyday business purposes-inrormation about your seditworthin6s. affiliater from using your information to markA to you. sharinS for nonaffiliates to market to you State laws and individual com panies may tive you addftionalrights to limit sharing. Companies related by common owne6hip or control. They can be financlai and nonfi nancia I com panies. Companies not related by common ownership or control. They can be financialand nonfinancial companres. Rush does not share whh nonaffiliatesro they can ma.let to you. A formalagreement betwe€n nonaffiliated financial compa nies that together ma*et flnancia I products or tel\/ices to you. . lncludes lende15, fina nce com panies and financialservice providers . This notice as made by Rush Enterprises,ln( and its wholly owned rubsidiariesin theRurh Truck Centers'familyof companies:Rush Administrative Services, tnc., Rush Truck Centers of Alabama, lnc,, Rush Truck Centers of Arizona, I nc., Rush Truck Centers of Ca liforn ia, lnc,, Rush Truck Centers ofColorado, tnc., Rush Truck Centersof Florida,lnc., Rush Truck Centers of Georgia, lnc., Rush Truck Centerrof ldaho, hc., Rnsh Truck Centers of New Mexico, tnc., Rush Truck centers of North carolina,lnc, Rush Truck centers of Ohio, lnc., Rush Truck Centers of Okla homa, tnc., Rush Truck Centers of Oregon, tnc-, Rush Truck Centers of Tennessee, Inc., Rush Tn,ck Centers of Texa t Lpand Ru5h Truck Cente6 of Utah, tnc., Rush Truck Centers ofvirSinia, inc.. ThrS Pnvacy Policy does not apply to information obtained in a non,ftnancial Flert Concesslsn Managemcnt : Sealch wetloE F,ritli hor.l con(Ei9!ofu t ooxu, Fleet Concessio n Management coxcB. oi rula]ttaa Eoicasston LooruprvroRr t tofl(asgroxlrEqucsYali.ftr cdirclssronrlquas]rEYrEw/EDtt Page I of I cotlt cY u5 i Et<y troe: . GPC ]YPE: ra.r.t.or lffifiiii------"1!J GPC3 PREE-LE\GL REF OAIE FEF'-HII GPC IYPESTATE VEHIGLE ca 22f€ERTES 5r' c4 22-ESArES SL ca af.sERrEs so ca 22+sERiEi !D CA z2+9EFJESISD x2^fi5 .)a surERG^a PU SNW x2A+26O',4E WPERC^a PU sAW )e+Ftso.x2sutERc ai, sRw riaC2saE. surtRalas PU INW ?tct rlo lor4a tnE llrl at! lao dt .00(I B t s,6 a.a6.i u€/zdis 125E.o ansr,,l' Gilre 2E br5 @!OtO uca15 ol@a .lcaFa.r I.A Ftot..i ,2112[16 asP,c fzrzOiS S.rrli I https://w,ww.fleetcooc'cssioiiS.dealerponnactiorlcom/Dealer/scr_localconcession.asp 8/15120t6 FLEET CONGESIiION UAMGEMENT r SEARCH REGEIVED CIIYCLERKSOFRCE sEP r I 2015 STAFF REPORT @ q-b-Le PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT RECEIVED sEP I 2 20t6 CITY ADMINISTRATION DATE: TO: FROM: Septenber 20, 2016 Honorable Mayor and City Council 4''^JDerek Wiesk6, Director of Public Works, Water and Development Seraices Department a.*Originator: Anthony Zarate, Administrative Secretar-v Services Agreement with Jason Addison Smith (JAS Pacifrc) and Interwest Consulting Group for On-Call Building Plan Check and Inspection Services RE: Recommendation A. Find that awarding of contracts for on-call plan check and inspection services to Jason Addison Smith (JAS Pacific) and Interwest Consulting Group are exempt under the Califomia Environmental Quality Act C'CEQA') in accordance with Section 15061(bX3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Enter into a three-year agreement with Jason Addison Smith (JAS Pacific) for an annual not-to-exceed amount of $65,000 per year, or grand total not-to-exceed amount of $195,000 for on-call plan check and inspection services; and C. Enter into a three-year contract with Interwest Consulting Group for an a rual not-to- exceed amount of $65,000 per year, or grand total not-to-exceed amounl of $195,000 for on-call plan check and inspection services. Background In recent years, the City of Vemon has seen a steady increase in redevelopment and building activity, including new construction, all of which must be in compliance with the City's building code, including accessibility requirements. In order to maintain the strearnline services the City is known for, staff relies on the expertise of consultants to provide several services including but not limited to, certifred access specialists, plan check reviews and on-site inspections to ensure code compliance. Page I of 2 Currently, the City does not have the staffing levels required to take on the full workload and outsourcing these services versus having more staff has been found to be cost effective. Additionally, a recent vacancy in the Engineering Division has created a critical need to outsource the grading permit plan checking which includes a review of the civil grading plans, stormwater quality improvements, hydrology and hydraulics reports. As such, on July 28, 2016, the Public Works, Water and Development Services Department (Department) issued a request for proposals (RFP) to firms for on-call plan check and inspection services on behalf of the City's Building & Safety Division. The following consultants submitted proposals: o VCA Codeo JAS Pacific. Interwest Consulting Croupo Bureau Veritas The proposals were evaluated by the Public Works, Water and Development Services statf in accordance with Section 2.17.08 of the City's Municipal Code. Based on that panel evaluation, stalT now recommends Jason Addison Smith (JAS Pacific) and Interwest Consulting Group as the most qualified tirms based on responsiveness to the RFP, protbssional qualifications and experience. The Depanment is recommending that JAS Pacilic and Interwest be retained to perform the subject services tbr a period of three years tbr a not-to-exceed amount of $65,000 per contract, per year. The City has prepared the attached services agreements for each consultant. Both agreements have been reviewed and approved as to form by the City Attomey's Otlice. Fiscal Impact The consultant fees are based on actual work performed. Fees billed to the City have ranged liom 5200 to $12,000 in the last five years based on building activity of the Building division and mostly driven by new construction. City statT is recommending that each contract with JAS Pacitic and [nterwest be approved with an annual not-to-exceed amount of S65,000. Suthcient funds have been budgeted tbr this work under the Department's Building Division. Attachments I . Professional Services Agreement between the City of Vemon and JAS Pacific 2. Professional Services Agreement between the City of Vemon and Interwest Page 2 of 2 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND JASON ADDISON SMITH CONSULTING SERVICES, INC. DBA JAS PACIFIC FOR ON-CALL BUILDING PLAN CHECK AND INSPECTION SERVICES COVER PAGE Contractor: Jason Addison Smith Consulting Services, lnc., dba JAS Pacific Responsible Principal of Contractor: Fady Mattar, PE, CBO, President Notice lnformation - Contractor: Jason Addison Smith Consulting Services, lnc. dba JAS Pacific 201 N. Euclid Avenue, Suite A Upland, CA 91786 Attention: Fady Matter, PE, CBO, President Phone: (909) 605-7777 Email: fady@aspacifi c.com Notice lnformation - City. City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Derek Wieske, Director of Public Works, Water & Development Services Telephone: (323) 583-8811 ert.245 Facsimile: (323) 826-1435 Commencement Date: September 20, 2016 Termination Date: September 19, 20'19 Consideration: Total not to exceed $65,000.00 for each fiscal year or grand total not to exceed $195,000.00 for three years (includes all applicable sales tax); and more particularly described in Exhibit C Records Retention Period Three (3) years, pursuant to Section 9.19 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND JASON ADDISON SMITH CONSULTING SERVICES, INC. DBA JAS PACIFIC FOR ON-CALL BUILDING PLAN CHECK AND INSPECTION SERVICES This Contract is made between the City of Vernon ("City"), a Califomia charter City and California municipal corporation ('City'), and Jason Addison Smith Consulting Services, lnc., dba JAS Pacific a California corporation ("Contractod). The City and Contractor agree as follows: 1.0 EMPLOYMENT OF CONTMCTOR. City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the City Council on September _,2016. 2.0 SCOPE OF SERVICES. 2.1 Contractor shall perform all work necessary to complete the servic€s set forth in the Request for Proposals issued in July 2016, Exhibit "A', and Contracto/s proposal to the City ("Proposal") dated August 10, 2016, Exhibit "B', both of which are aftached to and incorporated into this Contract, by reference. 2.2 All services shall be performed to the satisfaction of City. 2.3 All services shall be performed according to the standards then prevailing in the plan checking and inspeclion consulting profession. 3.0 PERSONNEL. 3.1 Contractor represents that it employs, or will employ, at its own expense, all personnel required to perform the services under this Contract. 3.2 Contrac{or shall not subcontract any services to be performed by it under this Contract without prior written approval of City. 3.3 All of the services required hereunder will be performed by Contrac{or or by City-approved subcontraclors. Contraclor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City. 4.O TERM. The term of this Contract shall commence on September 20, 2016, and it 2 shall continue until September 19, 2019, unless terminated at an earlier date pursuant to the provisions thereof. 5.0 COMPENSATION AND FEES. 5.1 Contractor has established rates for the City of Vemon which are comparable to and do not exceed the best rates offered to other governmental entities in and around Los Angeles County for the same services. For satisfactory and timely performance of the services, the City will pay Contrac{or in accordance with the payment schedule set forth in Exhibit'C". 5.2 Contractor's grand total compensation for the entire term of this Contract, including change orders, shall not exceed $195,000.00, without the prior authorization of the City Council and written amendment of this Contract. 5.3 Contractor shall, at its sole cost and expense, fumish all necessary and incidental labor, material, supplies, facilities, equipment and transportation which may be required for fumishing services pursuant to this Contract. Materials shall be of the highest quality. The above Contract fee shall include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related costs and expenses. 6.0 PAYMENT. 6.1 As scheduled services are completed, Contractor shall submit to the City an invoice for the services completed, authorized expenses, and authorized extra work actually performed or incuned according to said schedule. 6.2 Each such invoice shall state the basis for the amount invoiced, including a detailed description of the services completed, the number of hours spent, reimbursable expenses incurred and any extra work performed. 6.3 Contractor shall also submit a progress report with each invoice thal describes in reasonable detail the services and the extra work, il any, performed in the immediately preceding calendar month. 3 6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be retumed and not processed for payment. 6.5 City will pay Contractor the amount invoiced within thirty (30) days after the City approves the invoice. 6.6 Payment of such invoices shall be payment in full for all services, authorized costs and authorized extra work covered by that invoice. 7 .0 CHANGE ORDERS. The Director of the Public Works, Water & Development Services Department shall have the authority to issue change orders for administrative and non- material changes to the scope of services and to the time for performance as long as the change orders do not increase the compensation due to Contractor under this Contract and as long as the time is not extended beyond three years. The City Administrator, shall have the authority to issue administrative change orders to increase the compensation due Contraclor under this Contract, but the combined total amount of such change orders shall not exceed $195,000.00. 8.0 CITY'S RESPONSIBILIry. City shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services; and will give any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of Contractot's services. 9,0 GENERAL TERMS AND CONDITIONS. 9.1 INDEPENDENTCONTRACTOR. 9.1.1 lt is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent or employee of City and shall fumish such services in its own manner and method except as required by this Contract. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 9.1 .2 Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long{erm disability or workers' compensation insurance benefits. 9.2 CONTMCTOR NOT AGENT. Except as the City may authorize in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise. 9.3 OWNERSHIP OF WORK. All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts, studies, memoranda, computation sheets and other documents prepared by Contraclor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years afrer completion or earlier termination of this Contract. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City. 9.4 CORRECTION OF WORK. Contractor shall promptly corect any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services fumished by Contractor shall not relieve the Contractor from the obligation to conect subsequently discovered defects, inaccuracy or incompleteness. 9.5 WAIVER. The City's waiver of any term, condition, breach or default of this Contract shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. 9.6 SUCCESSORS. This Contract shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors and/or assigns. 9.7 NO ASSIGNMENT. Contractor shall not assign or transfer this Contrac{ or any rights hereunder without the prior written consent of the City and approval by the City Attomey, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Contract. No assignment shall release the original parties or otherwise constitute a novation. 9.8 COMPLIANCE WITH rc. Contractor shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof, including but without limitation, the Vemon Living Wage Ordinance. Violation of any law material to performance of this Contract shall entitle the City to terminate the Contract and othenrise pursue its remedies. 9.9 ATTORNEY'S FEES. lf any action at law or in equity is brought to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attomey's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. 9.10 INTERPRETATION. 9.10.1 Applicable Law. This Contract, and the rights and duties of the parties hereunder (both procedural and substantive), shall be govemed by and construed according to the laws of the State of Califomia. 9.10.2 Entire Aoreement. This Contract, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, conespondence, documentation and agreements (written or oral). 9.10.3 Written Amendment. This Contraci may only be changed 6 by written amendment signed by Contractor and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications conceming this Contract shall be of no force or effect. 9.10.4 Severabiliu. lf any provision in this Contract is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Contract, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Contraci. 9.10.5 Order of Precedence. ln case of conflicl between the terms of this Contract and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Contract shall strictly prevail. The terms of the City's Request for Proposals shall control over the Contractor's Proposal. 9.10.6 Choice of Forum. The parties hereby agree that this Contract is to be enforced in accordance with the laws of the State of 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 Contract shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum. 9.10.7 Duolicate Orioinals. There shall be two (2) fully signed copies of this Contract, each of which shall be deemed an original. 9.11 TIME OF ESSENCE. Time is strictly of the essence of this contract and each and every covenant, term and provision hereof. 9.12 AUTHORITY OF CONTRACTOR. The Contractor hereby represents and wanants to the City that the Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Contract, and its execution of this Contract has been duly authorized. 9.13 ARBITMTION OF DISPUTES. Any dispute for under $25,000 arising out of or relating to the negotiation, construclion, performance, non-performance, 7 breach or any other aspect of this Contract, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, Califomia and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery. 9.14 INDEMNITY. 9.14.1 Contractor agrees to indemnify, hold harmless and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part result from, or arise out of, or are claimed to result from or to arise out of: A. any activity on or use of City's premises or facilities or any performance under this Contract; or B. any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. 9.14.2 This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public). 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. 9.1 5 INSURANCE. Contractor shall, at its own expense, procure and maintain 8 policies of insurance of the types and in the amounts set forth below, for the duration of the Contract, including any extensions thereto. The policies shall state that they afford primary coverage. 9.15.1 Automobile Liabili$ with minimum limits of at least $100,000/300,000/50,000 if written on a personal automobile liability form, for using a personal vehicle; or an amount of $500,000 including owned, hired, and non-owned liability coverage if written on a Commercial automobile liability form. 9.15.2 General Liability with minimum limits of at least $1,000,000 combined single limits written on an lnsurance Services Office (lSO) Comprehensive General Liability "occunence" form or its equivalent for coverage on an occunence 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 performance of this Contract. A. lf Contractor employs other contractors as part of the services rendered, Contracto/s Protec{ive Coverage is required. Contractor may include all subcontraclors as insureds under its own policy or shall fumish separate insurance for each subcontractor, meeting the requirements set forth herein. B. Blanket Contractual Coverage if required. C. ProductVCompleted Operations coverage where such risk is applicable. 9.1 5.3 Contrac{or shall comply with the applicable sections of the Califomia Labor Code conceming 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 B. Secure and maintain in force a policy of workers' I compensation insurance with statutory limits and Employe/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 City Council, commissioners, officers, employees, and volunteers for losses arising from performance of this Contract; or C. Provide a "waive/' form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Contract. 9.15.4 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 9.15.5 less than B:Vlll. 9.1 5.6 lnsurance shall be placed with insurers with a Best's rating of no Prior to commencement of performance, Contractor shall fumish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. 9.15.7 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, attomey's fees and costs against Contractor by way of set-off or recoupment from sums due Contractor, at City's option; (b) immediately terminate this Contract; or (c) self insure the risk, with all damages and costs incurred, by judgment, settlement or otheruise, including attomey's fees and costs, being collectible from Contractor, by way of set- off or recoupment from any sums due Contractor. 9.16 NOTICES. Any notice or demand to be given by one party to the other be given in writing and by personal delivery or prepaid first-class, registered or certified mail, 10 addressed as follows. Notice simply to the City of Vemon or any other City department is not adequate notice. lf to the City: City of Vemon Attention: Derek Wieske, Director of Public Works, Water & Development Services 4305 Santa Fe Avenue Vernon, CA 90058 lf to the Contractor: JAS Pacific Attention: Fady Mattar, PE, CBO, President 201 N. Euclid Avenue, Suite A Upland, CA 91786 Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. 9.17 TERMINATION FOR CO@. 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 satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause. 9.18 DEFAULT. ln the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Contract by written notice to the defaulting party. The notice shall specify the basis for the default. The Contract shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. Termination for cause shall relieve the terminating party of further liability 11 or responsibility under this Contract, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incuned by the City in obtaining substitute performance. 9.19 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Contraci 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 afier termination of the Contract. The Contractor shall maintain all such records in the City of Vemon. lf not, the Contractor shall, upon request, promptly deliver the records to the City of Vemon or reimburse the City for all reasonable and extra costs incuned in conducting the audit at a location other than the City of Vemon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 9.20 CONFLICT. Contractor hereby represents, wanants and certifies that no member, officer or employee of the Contractor is a director, oflicer or employee of the City of Vernon, or a member of any of its boards, commissions or committees, except to the extent permitted by law. 9.21 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than I hours in any one calendar day and 40 hours in any one calendar 't2 week in violation of the provisions of Sections 1810 through 181 5 of the Califomia Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less lhan 1/z times the basic rate of pay. 9.22 LIVING WAGES. Contractor, and any Subcontractor(s), shall comply with the City's Living Wage Ordinance. The cunent Living Wage Standards are set forth in Exhibit "D'. Upon the City's request, certified payroll records shall promptly be provided to the City. 9.23 EQUAL EMPLOYMENT OPPORTUNITY PMCTICES. Contractor certifies and represents that, during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity prac,tices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit 'E". [Signatures Begin on Next Page]. IJ lN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated in the introductory clause. City of Vemon, a Califomia charter City Jason Addision Smith Consulting Services, and California municipal corporation lnc. dba JAS Pacific, a Califomia corporation Carlos Fandino, City Administrator Name: Title: ATTEST: By: @ Name: Tiile: APPROVED AS TO FORM: Brian Byun, Deputy City Attorney 14 EXHIBIT A REQUEST FOR PROPOSALS 15 EXHIBIT B PROPOSAL '16 EXHIBIT C SCHEDULE 17 EXHIBIT D LIVING WAGE PROVISIONS Uideg!!-tlvllsirygrcq: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $1 1.55 per hour without health benefits. @.!pa!@: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attomey's fees, or to compel City officials to terminate the service contract of violating employers. 18 B. EXHIBIT E EQUAL EMPLOYMENT OPPORTUNITY PMCTICES PROVISIONS Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employe/'orthat all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. C. D. E 19 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND INTERWEST CONSULTING GROUP FOR ON-CALL BUILDING PLAN CHECK AND INSPECTION SERVICES COVER PAGE Contractor: lnterwest Consulting Group Responsible Principal of Contractor: Ron Beehler, SE, CBO Notice lnformation - Contractor: lnterwest Consulting Group 15140 Transistor Lane Huntington Beach, CA 92649 Attention: Ron Beehler, SE, CBO Phone: (714) 899-9039 Email: rbeehler@inteMestgrp.com Notice lnformation - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Derek Wieske, Director of Public Works, Water & Development Services Telephone: (323) 583-8811 exl.245 Facsimile: (323) 826-1435 Commencement Oate: September 20,2016 Termination Date: September 19, 2019 Consideration: Total not to exceed $65,000.00 for each fiscal year or grand total not to exceed $195,000.00 for three years (includes all applicable sales tax); and more particularly described in Exhibit C Records Retention Period Three (3) years, pursuant to Section 9.19 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND INTERWEST CONSULTING GROUP FOR ON-CALL BUILDING PLAN CHECK AND INSPECTION SERVICES This Contract is made between the City of Vernon ("City"), a California charter City and California municipal corporation ("City"), and lnterwest Consulting Group, a California corporation ("Contractod). The City and Contractor agree as follows: 1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the City Council on September _,2016. 2.0 SCOPE OF SERVICES. 2.1 Contractor shall perform all work necessary to complete the services set forth in the Request for Proposals issued in July 2016, Exhibit'A", and Contracto/s proposal to the City ("Proposal") dated August 10, 2016, Exhibit '8", both of which are attached to and incorporated into this Contract, by reference. 2.2 All services shall be performed to the satisfaction of City. 2.3 All services shall be performed according to the standards then prevailing in the plan checking and inspection consulting profession. 3.0 PERSONNEL, 3.1 Contractor represents that it employs, or will employ, at its own expense, all personnel required to perform the services under this Contract. 3.2 Contractor shall not subcontract any services to be performed by it under this Contract without prior written approval of City. 3.3 All of the services required hereunder will be performed by Contractor or by City-approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subiect to approval by the City. 4.0 TERM. The term of this Contract shall commence on September 20, 2016, and it shall continue until September 19, 2019, unless terminated at an earlier date pursuant to the provisions thereof. 5.0 COMPENSATION AND FEES. 5.1 Contractor has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in and around Los Angeles County for the same services. For satisfactory and timely performance of the services, the City will pay Contractor in accordance with the payment schedule set forth in Exhibit "C". 5.2 Contractor's grand total compensation for the entire term of this Contract, including change orders, shall not exceed $195,000.00, without the prior authorization of the City Council and written amendment of this Contract. 5.3 Contractor shall, at its sole cost and expense, furnish all necessary and incidental labor, material, supplies, facilities, equipment and transportation which may be required for furnishing services pursuant to this Contract. Materials shall be of the highest quality. The above Contract fee shall include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related costs and expenses. 6.0 PAYMENT. 6.1 As scheduled services are completed, Contractor shall submit to the City an invoice for the services completed, authorized expenses, and authorized extra work actually performed or incurred according to said schedule. 6.2 Each such invoice shall state the basis for the amount invoiced, including a detailed description of the services completed, the number of hours spent, reimbursable expenses incurred and any extra work performed. 6.3 Contractor shall also submit a progress report with each invoice that describes in reasonable detail the services and the extra work, if any, performed in the immediately preceding calendar month. 6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment. 6.5 City will pay Contractor the amount invoiced within thirty (30) days after the City approves the invoice. 6.6 Payment of such invoices shall be payment in full for all services, authorized costs and authorized extra work covered by that invoice. 7.0 CHANGE ORDERS. The Director of the Public Works, Water & Development Services Department shall have the authority to issue change orders for administrative and non- material changes to the scope of services and to the time for performance as long as the change orders do not increase the compensation due to Contractor under this Contracl and as long as the time is not extended beyond three years. The City Administrator, shall have the authority to issue administrative change orders to increase the compensation due Contractor under this Contract, but the combined total amount of such change orders shall not exceed $195,000.00. 8.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services; and will give any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of Contracto/s services. 9.0 GENEML TERMS AND CONDITIONS. 9.1 INDEPENDENTCONTRACTOR. 9.1 .1 lt is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent or employee of City and shall furnish such services in its own manner and method except as required by this Contract. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 9.1 .2 Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, longterm disability or workers' compensation insurance benefits. 9.2 CONTMCTOR NOT AGENT. Except as the City may authorize in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or othenvise. 9.3 OWNERSHIP OF WORK. All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts, studies, memoranda, computation sheets and other documents prepared by Contractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Contract. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City. 9.4 CORRECTION OF WORK. Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services fumished by Contractor shall not relieve the Contractor from the obligation to conect subsequently discovered defects, inaccuracy or incompleteness. 9.5 WAIVER. The City's waiver of any term, condition, breach or default of this Contract shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. 9.6 SUCCESSORS. This Contract shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors and/or assigns. 9.7 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract or any rights hereunder without the prior written consent of the City and approval by the City Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Contract. No assignment shall release the original parties or otherwise constitute a novation. 9.8 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof, including but without limitation, the Vernon Living Wage Ordinance. Violation of any law material to performance of this Contract shall entitle the City to terminate the Contract and othena/se pursue its remedies. 9.9 ATTORNEY'S FEES. lf any action at law or in equity is brought to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. 9.10 INTERPRETATION. 910.1 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. 9.10.2 Entire Aoreement. This Contract, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, conespondence, documentation and agreements (written or oral). 9.10.3 Written Amendment. This Contract may only be changed 6 by written amendment signed by Contractor and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Contract shall be of no force or effect. 9.10.4 Severabilily. lf any provision in this Contract is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Contract, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Contract. 9.10.5 Order of Precedence. ln case of conflict between the terms of this Contract and the terms contained in any document aftached as an Exhibit or otherwise incorporated by reference, the terms of this Contract shall strictly prevail. The terms of the City's Request for Proposals shall control over the Contractor's Proposal. 9.10.6 Choice of Forum. The parties hereby agree that this Conlract is to be enforced in accordance with the laws of the State of California, is entered into and/or is to be performed in the City of Vernon and that all claims or controversies arising out of or related to performance under this Contract shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum. 9. 1 0.7 Duplicate Orioinals. There shall be two (2) fully signed copies of this Contract, each of which shall be deemed an original. 9.11 TIME OF ESSENCE. Time is strictly of the essence of this contract and each and every covenant, term and provision hereof. 9.12 AUTHORIry OF CONTMCTOR. The Contractor hereby represents and warrants to the City that the Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Contract, and its execution of this Contract has been duly authorized. 9.13 ARBITMTION OF DISPUTES. Any dispute for under $25,000 arising out of or relating to the negotiation, construction, performance, non-performance, 7 breach or any other aspect of this Contract, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery. 9.14 INDEMNITY. 9.14.1 Contractor agrees to indemnify, hold harmless and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part result from, or arise out of, or are claimed to result from or to arise out of: A. any activity on or use of City's premises or facilities or any performance under this Contract; or B. any acts, enors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. 9.14.2 This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contracl or tort or patent, copyright, trade secret or trademark infringement) sustained by any 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. 9.15 INSUMNCE. Contractor shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Contract, including any extensions thereto. The policies shall state that they afford primary coverage. 9.15. 1 Automobile Liability with minimum limits of at least $100,000/300,000/50,000 if written on a personal automobile liability form, for using a personal vehicle; or an amount of $500,000 including owned, hired, and non-owned liability coverage if written on a Commercial automobile liability form. 9.15.2 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 occunence basis. Premises/Operations and Personal lnjury coverage is required. The City of Vernon, its directors, commissioners, officers, employees, agents and volunteers must be endorsed on the policy as additional insureds as respects liability arising out of the Contractor's performance of this Contract. A. lf Contractor employs other contraclors as part of the services rendered, Contracto/s Protective Coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein. B. Blanket Contractual Coverage if required. C. Products/Completed Operations coverage where such risk is applicable. 9.1 5.3 Contractor shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. Compliance is accomplished in one of the following manners: A. Provide copy of permissive self-insurance certificate approved by the State of California; or B. Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employeds 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 City Council, commissioners, officers, employees, and volunteers for losses arising from performance of this Contract; or C. Provide a "waive/' form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Contract. 9.15.4 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. 9.15.5 less than B.Vlll. 9.1 5.6 lnsurance shall be placed with insurers with a Best's rating of no Prior to commencement of performance, Contractor shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. 9.15.7 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, setllement or otheruise, including attomey's fees and costs, being collectible from Contractor, by way of seF off or recoupment from any sums due Contractor. 9.16 NOTICES. Any notice or demand to be given by one party to the other be given in writing and by personal delivery or prepaid first-class, registered or certified mail, 10 addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice. lf to the City: City of Vernon Attention: Derek Wiekse, Director of Public Works, Water & Development Services 4305 Santa Fe Avenue Vernon, CA 90058 lf to the Contractor: lnterwest Consulting Group Attention: Ron Beehler, SE, CBO 15140 Transistor Lane Huntington Beach, CA 92&49 Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. 9.17 TERMINATION FOR CONVENIENCE Mithout Cause). City may terminate this Contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days'written notice to Contractor. lf the Contract is thus terminated by City for reasons other than Contracto/s failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractods exclusive remedy for termination without cause. 9. 18 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Contract by written notice to the defaulting party. The notice shall specify the basis for the default. The Contract shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. Termination for cause shall relieve the terminating party of further liability or responsibility under this Contract, including the payment of money, except for payment for 1',| services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. 9.19 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any ofthe Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. The Contractor shall maintain and preserve all such records for a period of at least 3 years after termination of the Contract. The Contractor shall maintain all such records in the City of Vernon. lf not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 9.20 CONFLICT. Contractor hereby represents, warrants and certifies that no member, officer or employee of the Contractor is a director, officer or employee of the City of Vernon, or a member of any of its boards, commissions or committees, except to the extent permitted by law. 5.21 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than I hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 'l 815 of the California Labor Code 12 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 1y2 times the basic rate of pay. 9.22 LIVING WAGES. Contractor, and any Subcontractor(s), shall comply with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit "D". Upon the City's request, certified payroll records shall promptly be provided to the City. 9.23 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit 'E". [Signatures Begin on Next Page]. 13 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 lnteruest Consulting Group, a California andCaliforniamunicipalcorporation corporation Carlos Fandino, City Administrator ATTEST: By: Name: Title. By. [,tana E-qyahrcty, Name: Title: APPROVED AS TO FORM: Brian Byun, Deputy City Attorney 14 EXHIBIT A REQUEST FOR PROPOSALS 15 EXHIBIT B PROPOSAL to EXHIBIT C SCHEDULE '17 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 $1 1.55 per hour without health benefits. @d-!L@-9s@: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacataon, or personal necessity, and an additional ten days ayeat 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. 18 A B EXHIBIT E EQUAL EMPLOYMENT OPPORTUNITY PMCTICES PROVISIONS Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. D. E. 19 RECEIVED sEP 13 2016 CITY CLERK'S OFFICE STAFF REPORT CITY ADMINISTRATION DATE: TO: FROM: RE: September 20, 2016 Honorable Mayor and City Council Carlos R. Fandino, Jr., Ciry Administrator a$ q' tg-l'" Originator: Diana Figueroa, Administrative Secretary Approval of Special Event Agreement with the Huntington Park Area Chamber of Commerce for the 24th Annual 'Sabor de Mexico Lindo Downtown Festival' Recommendation A. Find that the approval of the proposed Special Event Agreement with the Huntington Park Area Chamber of Commerce is exempt hom Calitbmia Environmental Quality Act (*CEQA") review, because it is a general administrative activity that will not result in direct or indirect physical changes in the environment and therefore does not constitute a*project" as detined by CEQA Guidelines Section 15378. Furthermore, even if it were a project, because such activity will not have any etfect on the environment, this action would be exempt t'rom CEQA review pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a signilicant effect on the environment; and B. Approve a Special Event Agreement with the Huntington Park Area Chamber of Commerce, in substantially the same tbrm as submitted herewith, to co-host the *Sabor de Mexico Lindo Downtown Festival" scheduled for October [ - October 2. 2016. C. Authorize the City Administrator to sign the aforementioned Special Event Agreement with the Huntington Park Area Chamber olCommerce. Backqround The 'Sabor de Mexico Lindo Downtown Festival" is an annual celebration that honors the culture of Mexico and National Hispanic Heritage Month through music, dancing, tbod, displays, arts and crafts, and entertainment. It is a family-oriented, free public event which attracts approximately 200,000 people over a period of three days. Attendees travel to the festival from neighboring cities and from all areas of Southem Calitbmia. This year's festival is scheduled for presentation from October I - October 2,2016. Page I of2 This large scale event is typically presented in the heart of Huntington Park. This year, due to Huntington Park's major Downtown Revitalization Project, the usual location on Pacific Blvd. will not be accessible during the proposed festival date range, as construction will be underway. In an etTort to continue the tradition of the fbstival, the Huntington Park Area Chamber of Commerce approached Vemon, its neighboring city, to inquire about the possibility of establishing a partnership to co-host the event. On August 16, 2016, the City Council approved Vemon's partnership with the Huntington Park Chamber of Commerce to co-host this high profile festival which is of great benefit to the people who reside and work in our region. City staffhas worked with the HPCC to analyze the specitic requirements for the "Sabor de Mexico Lindo Downtown Festival." In keeping with Vernon's Good Govemance policies and contract principles, staff seeks to formalize the partnership with HPCC via the attached Special Event Agreement which contains the full scope of all necessary event components and outlines each party's responsibilities. The agreement has been reviewed and approved as to fbrm by the City Attomey's office. Fiscal Impact All expenses incurred by the City of Vemon related to the "Sabor de Mexico Lindo Downtown Festival" will be reimbursed by the Huntington Park Area Chamber of Commerce. To date, the City has secured a deposit liom the HPCC in the amount of$35,000.00. Attachment(s) 1. Special Event Agreement with the Huntington Park Area Chamber of Commerce fbr the 2016 "Sabor de Mexico Lindo Downtown Festival" Page 2 of 2 City of Vernon 2016 SABOR DE MEXICO LINDO DOWNTOWN FESTIVAL MASTER AGREEMENT Special Event Agreement Huntington Park Area Chamber of Commerce and City of Vernon This agreement ("Agreement") is made and entered into this day ol , 201 6 by and between the Huntington Park Area Chamber of Commerce ("HPCC") and the City of Vemon ("City"). RECITALS A. HPCC is the event organizer for the 24'h Annual ''Sabor De Mexico Lindo Downtown Festival" ("Event") to be held in the City on October I and 2, 2016. B. HPCC approached the City to conduct the event in the public right ofway ofthe City of Vemon, and more specifically the Event is to be hetd on Pacific Boulevard between 46th Street to Santa Fe Avenue Street ("Event Site"). C. The Event includes the activities ofexhibitor booths of arts and crafts. retail. commercial. food and corporate displays, two areas of amusement rides and two stages of live entertainment. All Event participants, including but not limited to HPCC, exhibitors, vendors, amusement ride operators, musicians, performers and Event subcontractors shall be herein referred to collectively as "Event Participants." D. Advertising for the event shall be included on the City of Vemon website. NOW THEREFORE. the oarties hereto aqree as follows: l. Scope of Event. The Event will be open to the general public from I l:00 a.m. to I l:00 p.m. on Saturday, October I and I l:00 a.m. to l0:00 p.m. on Sunday, October 2, 2016. a. HPCC will conduct Event set-up between l2:00 noon on Friday, Septonber 30 and l0:00 PM. b. HPCC will conduct clean up, to the satisfaction of the City Engineer, and subject 1 to paragraph l0 below, on the first day of the Event (Sarurday, October l, 2016) from 2:00 p.m. to I 1:00 p.m. and after the conclusion of the Event on Sunday, October 2 from l0:00 p.m. to (at the latest) Monday, October 3,2016 at 5:00 a.m. This clean up shall be to the satisfaction of the City Engineer, or his designee. c. The event shall comply with all provisions of the City of Vemon Noise Ordinance. Table 26.4. l-7(b)(2) in the Vemon Municipal Code. d. Musicat performances on two (2) stages will be held on Saturday, October I from l2:00 noon to l0:00 p.m. and on Sunday, October 2 from l2:00 noon to 9:00 p.m. 2. a. HPCC is responsible for the oversight of all aspects of rental tents, including during mobilization, during the Event, and during demobilization. Event tents are l0'xl0' in size. Vendors will be advised that if they intend to use a tent/canopy during the Event that no stakes are to be used. Tents must be held in place with weights, such as sand bags or filled waterjugs. [n the event there are any damages, marks or other defacernent occurring to City-owned property, including but not limited to, parking lot asphalt, street areas, customer meters, concrete sidewalk, and curbing, HPCC shall pay such costs within thirty (10) days of receipt ofan invoice from the City. b. HPPC is responsible for oversight and safety of the two stages set up lor live entertainment. This includes all phases of mobilization, during the Event, and demobilization. Any financial damages to any property as a result of the stages will be the responsibility of HPCC to pay costs as submitted within thirty (30) days of receipt of an invoice. 3. TraIfic Control. b. HPCC will provide the City with a Traffic Control Plan (TCP) at least 3 weeks prior to the event. The TCP will be prepared by a civil or traffic engineer licensed in the State of Califomia. HPCC shall ensure that all tra{fic control devices comply with the latest version of the Manual on Uniform Traffic Control Devices. HPCC's Traffic Control Plan shall comply with Section 22.90 of the Vemon Municipal Code except as waived by the City Engineer. HPCC will also submit a detour plan to the City, which will be prepared by a licensed traffic engineer. The City will review and comment on the TCP within 5 working days of the submittal. HPCC will respond to the City's comments within 5 working days with a revised TCP. HPCC will provide and set-up required signs on Pacific Boulevard in the Event Site reflecting a street closure on Monday, September 19, 2016 in advance of the Event. This will include messaging that there will be a street closure starting Noon on Friday, September 30, 2016 until Monday moming at 5:00 a.m. on October 3, 2016 due to the Event. Traffic control will be necessary during the set- up/teardown hours on the day of the Event. Vendors will enter the Event grounds through Santa Fe Ave. Only vehicles with approved "Sabor De Mexico Lindo Festival" passes will be allowed into the lot. HPPC will provide volunteers to assist with the check-in of vendors/vehicles. HPPC is responsible for the placement ofbarricades at areas surrounding the Event's official location on Santa Fe Avenue. HPPC will provide water barricades at all locations determined necessary by the City Engineer, Chiefof Police, or d. their designee. Barricades will be in place from l2:00 p.m. noon, Friday, September 30 to 5:00 a.m. on Sunday, October 3, 2016. The total number of barricades shall be as determined by the City Engineer. HPCC shall provide advance waming signs and/or message boards, which shall be placed at least l0 working days in advance olany road closures. HPCC shall pay an application fee for any required detours in accordance with Vemon Municipal Code Section 22.104. HPCC shall compensate the City of Vemon for all staffcosts incurred for the retiming of traffic signals for the event, including but not limited to Santa Fe Avenue and Pacific Boulevard. HPCC shall be responsible for securing all necessary event approvals from BNSF and UP Railroad. 4. Parkine. The City will attempt to obtain permission for all private lot usages, including but not limited to (i) the parking lots near the main stage on 45'h Street, which lot is intended tbr entertainment and VIP Dignitaries, for Exhibitors and Sponsors; and (ii) the private parking lot of Wells Fargo Bank for the "Plaza De Mariachi" stage Talent on 46rh Street. Visitors wilt utilize the numerous public streets and available parking lots throughout the Event. HPPC is responsible for hiring and coordinating shuttle service and for obtaining secure parking areas in City of Huntington Park. The Vemon City Hall Parking lots shall not be used for event parking. 5. Public Safetv. For security and crowd control, HPCC will utilize the services of the Vemon Police Department C'VPD'). For purpose of crowd control and traffrc direction activity, VPD personnel will be assigned, at the discretion of the Chief of Police or his desigree(s). [n the event olany unanticipated circumstance connected in any way to this Event, that necessitates alerting of and/or deployment of police officers, HPCC agrees to reimburse all related expenses h. incuned by the City. HPCC agrees that it will be responsible for any/all overtime costs and shall rernit such costs in accordance with the schedule provided in Exhibit A attached hereto. Private security will also be contracted lor by HPPC for enhanced security. For on-site frre and safety needs, HPCC will utilize the services of the Vemon Fire Department ("VFD). VFD personnel will be assigred, at the direction of the Fire Chief or his designee. HPCC will provide full access to the Event area for emergency vehicles which will allow entry response for fire, medical emergency or police related needs. 6. lnsurance. A certificate of insurance for $5 million general liability coverage is to be provided by the HPCC to the City two (2) weeks in advance of the Event. The City of Vemon is to be named as an additional insured on this policy. HPCC shall distribute the City's insurance requirements to all Event Participants and obtain from Event Participants the required insurance and provide it to the Chamber as a condition of participating. Any insurance provided by Event Participants shall include the City and the Chamber as additional insureds on such policies. As the Event organizer, HPCC is fully responsible tbr compliance with these insurance requirements and agrees to allow the City the right to inspect Event Participants' insurance upon request. HPCC agrees to reimburse the City the cost of Event lnsurance covering the dates of September 30,2016 through October 3,2016, as set forth in Exhibit A. The cost ofsuch Event Insurance will be reimbursed based upon actual invoice cost. The cap on such cost will be $ 10,000. Any amount exceeding that would be the responsibility ofthe City. 7. Pre-Event Notifications to Affected E tities. The City will noti$ affected businesses, and the Los Angeles Metropolitan Transportation Authority (Metro) about the Event and hours ofoperation (i.e., set-up and tear-down) for rerouting and temporary closure purposes. 8. Restroom Facilities. HPPC will provide fifty (50) rental portable facilities to be placed on the west side of Chambers Street. This includes regular and handicap accessible facilities. The units will be delivered on Friday, September 30, 2016 and picked up on Monday, October 3, 2016. HPCC will be responsible tbr the maintenance and upkeep of the portable facilities tbr the entire duration of the Event. 9. ElectricaUWater Needs. HPCC will provide all electrical needs for the festival and will remit payment for electrical usage according to the schedule attached as Exhibit A hereto. HPCC requires water tbr the water barricades and for the food vendor sinks. The City will provide the water liom three (3) City hydrants chosen by HPCC. HPCC is responsible for conservation and clear labeling that water is not tbr human consumption. Al[ electrical work performed in the Public Right of Way shall require an electrical permit issued by the City of Vemon. 10. Clean-up Procedures. HPCC will hire a trash removal company. Barrels or dumpsters are to be obtained by HPCC. The City's trash removal company has ottered a 35% discount if they are selected. HPCC's hired trash removal company shall provide services during the day and during clean-up from 2:00 p.m. to t l:00 p.m. on Saturday, October I and Sunday, October 2 from 2:00 p.m. to I l:30 p.m. Trash bags will be gathered and dropped in a central location tbr the trash roll-offs on Chambers Street. HPCC shall coordinate with City's street sweeping contractor after the amusement operator crew has cleaned up street trash and debris. Any costs associated with the failure of the amusement operator crew performing will be billed to HPCC. I l. Indemnification and Hold Harmless. The City shall be fully indemnified and held harmless for any actions related to the Event, including termination of the Event as described in paragraph 14 below, by and from the Chamber as the Event organizer and by and from any Event Participant. All Event Participants, including the Chamber, shall execute an indernnification and hold harmless agreement in favor of the City, a form of which is attached hereto as Exhibit B. This fbrm is required to be completed prior to participating in the Event. The City reserves the right to review and inspect the indemnification tbrms. 12. CiW Inspection of Food and Beverases Booth Locations. A Health Department Inspection is required tbr vendors that serve fbod and/or beverages. An inspection may be performed at any time a vendor is operating during the Event. An inspection form will be issued to each food vendor. HPCC agrees to provide food exhibitors with a City of Vemon Health Permit application (a tbrm of which is attached hereto as Exhibit C) and intbrm them of the $91 inspection fee that is to be paid prior to the Event. The food/beverage vendor will pay their fee and process their application directly with the City of Vemon's Health Department. In the event the $91 inspection t'ee is not paid prior to the Event, it is mutually agreed that HPCC will assume responsibility tbr this cost of its vendor participants. HPCC shall provide the City with tbur booths, at no cost to the City, for City department use, including but not limited to City Clerk, Police, Fire, Public Works, and Gas and Electric Departments. HPCC shall comply with the Health Department's policies and procedures regarding tbod and/or beverage vendors for the Event, including but not limited to submission of a "Temporary Food Facility Sponsor/Organizer Application" (attached hereto as Exhibit D) and fee (as set forth in Exhibit A). 13. Miscellaneous. a. Amusement Ride Inspection Permits: HPCC is responsible for veriflng that all permits to operate equipment are current and comply with State and Federal Law. b. First Aid Station: HPCC is responsible for maintaining, at all times, during the Event a fully operational first aid station manned with certificated personnel. t Banner Installations and Take-Down: HPCC is responsible for installing and taking down all banners and displays as per City requirements. Security Patrol: HPCC is responsible for hiring contract security patrol for the Event. Operational plans are to be shared with the Vemon Police Department, one week before the Event. Parkine and Shuttle Service: HPCC is responsible hiring and coordinating shuttle service and obtaining secure parking areas in Huntington Park. Vernon Chamber of Commerce: HPCC is responsible for any coordinating outreach required with the Vemon Chamber of Commerce. Marketing. Advertisine and Promotions: HPCC shall coordinate with the City in regard to marketing, advertising and promotional activities for the Event, including but not limited to the use of the City of Vemon seal and/or city logo in TV commercials, radio spots, newspaper print display ads, promotional flyers, and website banner or pop-up/pop-over online advertising and social media promotions. The City will assist with advertising the event by including information on the event on the City's website, and posting flyers at City Hall, and announcing the event at a City Council meeting. Disabled Access Rezulations: HPCC shall ensure that all sidewalks and walkways remain compliant with current Federal and State disabled access regulations. Encroachment Permits: HPCC shall obtain all encroachment permits required according to Section 22.31 of the Vemon Municipal Code. Furthermore, all contractors doing work in the public right of way must be properly licensed and have appropriate workers' compensation insurance, as required by State Law. 8 k. Noise: The event shall comply with all provisions of the City's Noise Ordinance, and Table 26.4.1-7(b)(2) in the Vernon Municipal Code outlines those requirements. Soecial Event Permit: HPCC shall obtain a Special Event Permit, as outlined in Section 26.6.5-l I of the Vemon Municipal Code. l. Public Works Crews: HPCC shall pay all overtime costs incurred for a public works crew offour (4) during the operating hours ofthe event, including the Friday before the event. l4.Bgyg$g!!q. Either party may terminate this Agreement upon written notice to the other party for failure to fulfill any ofthe obligations set forth herein. HPCC also acknowledges this Agreement will terminate and the Event may be cancelled before the Event Date or during the Event if the Vemon Police Department or Vemon Fire Department, in the judgnent of the chiefs ofthose respective City departments, determines that the Event poses a threat to the health, safety or welfare of the general public. In the event ofsuch a termination, the Chamber agrees that the indemnitication and hold harmless provision in paragraph I I above shall apply. 15. NSliSg!. Service of any notices, bills, invoices or other documents required or permitted under this Agreement shall be sufficient if sent by one party to the other by United States mai[, postage prepaid and addressed as follows: Vernon: William Fox City of Vemon Director of Finance 4305 Santa Fe Avenue Vemon, CA 90058 wfox@ci.vemon.ca-us HPCC: Leticia Martinez Greater Huntington Park Chamber of Commerce J Executive Director / CEO 6725 Seville Avenue Huntington Park, CA 90255 LMartinez@HPChamber.ore 16.1!1!!gI4gp!.@. If any action at law or in equity is brought to enforce or interpret the terms ofthis Agreement, the prevailing party shall be entitled to reasonable attomey's fees, costs, and necessary disbursements in addition to any other reliefto which such party may be entitled. l7.Ef!yg. A waiver by either party of any breach of any term, covenant, or condition contained in this Agreement shall not be deerned to be a waiver ofany subsequent breach of the same or any other term, covenant, or condition contained in this Agreement whether of the same or different character. t8.SSJgIg!!!!g. Each paragraph and provision of this Agreement is severable hom each other paragraph and provision, and if any paragraph, provision or part thereof is declared invalid, the remaining paragraph and provisions shall nevertheless remain in full tbrce and effect. lS.ACllg{tr. The individuals executing this Agreement each represent and warrant that they have the legal power, right and actual authority to bind their respective entity to the terms and conditions hereof. 20. . This Agreement is not intended for any third party's benefit and cannot be enforced by any third party. 2l.@s!Jg.ThisAgreementanddisputesarisingoutoforrelatingtothe Agreement or the parties' relationship are govemed by the laws of the State of Califomia. Any action or proceeding arising out ofor relating to the Agreement or the parties' relationship shall be brought in a state court situated in the County of Los Angeles, State ofcalifornia. 22.!4egcL!@lThisAgreementcontainstheentireunderstandingbetweenthe parties with respect to the subject matter herein. There are no representations, agreements or understanding (whether oral or written) between or among the parties relating to the subject mafter of this Agreement that are not fully expressed herein. This Agreement may not be amended except pursuant to a written instrument signed by all parties. lSienaturcs Belowl HUNTINGTON PARK AREA CHAMBER OF CITY OF VERNON Carlos Fandino, City Administrator APPROVED AS TO FORM: Maria Ayala, City Clerk Hema Patel, City Attomey 77 EXHIBIT A REIMBURSABLE COSTS AND SCHEDULE OF PAYMENT THEREOF CiW Reimbursable Costs The City is to be reimbursed costs related to its participation at the Event. Such costs are not to contain any markups. For budget purposes, a good taith estimate was developed by the City. Actual costs will be submitted within l0 (ten) working days alier the event. These costs are detailed below: Summary of Estimated City Reimbursable Costso $29,800 - Police Department Overtimeo $11,200 - Fire Department Personnelo $ 235 - Health Department Organizer Feeo $ 107 - Fire Department Event/Public Assembly Application Permito $ 100 - Electrical Permito $ 500 - Public Works Tratl-rc Control Permito $ I 0,000 - City of Vemon Event Insuranceo $52,142 - Total The City recognizes that certain permit fees may be incurred by subcontractors working at the direction of HPCC. As such, it is HPCC's responsibility to ensure the permits are obtained prior to the Event, regardless of which party pays. Timine of Payments to the Citv On or before September 2 I , 201 6, the City is to receive a payment of $35,000 to cover a portion of the estimated costs incurred. Within ten ( l0) business days after the event the City will submit a statement tbr services rendered. Credit will be provided fbr the initial payment made in advance of the Event. The remaining balance owed shall be paid by HPCC within ten ( l0) business days after receipt ofthe City's invoice. 72 EXHIBIT B INDEMNIFICATION AND HOLD HARMLESS AGREEMENT FORM 13 INDEMN!FICATION AND HOI.D HARMTESS For Gty of Vernon Event Name: Sabor De Mexico Lindo Event Dates: Seotember 30. 2016 - October 3. 2016 Closure Site: Whereas, the below event participant ('Participant') desires to participate in the above- referenced event sponsored and organized by the Greater Huntington Park Area Chamber of Commerce (the 'Event"); and Whereas, the Event will occur on property owned and controlled by the City of Vernon (the "Ciq/), and the City Srants Participant permission to use such property solely in connection with the Event; and Whereas, in consideration of the permission to use such property within the CiVs limits, Participant is ryillint to hold the City harmless and to indemnifo the City against liability or loss related to Participant's use ofthe property during the Event as described below. NOW THEREFORE, Participant atrees as follow: Except for the Sross negligence or willful misconduct of the City or any of its Boards, Officers, Agents, Employees, Assigns, and Successors in lnterest, Participant undenakes and agrees to defend, indemnifo, and hold harmless the City and any and all of the Cit/s Boards, fficers, Atents, Employees, Assigns, and Successors in lntercst, from and against all suits and causes of action, claims, losses, demands, and expenses, including, but not limited to, attorney's fees and costs of litigation, damage or llability of any nature whatsoever, for death or injury to any person, includlng participant's employees and agents, or damage or destruction of any property of any party, arising in any manner by reason of the negligent acts, errors, omissions or willful misconduct incident to the use of Clty property durint the Event by Participant, its employees or its .gents. Executed ln:o",., tlzr&i, Name of Event Part'rcipant:Lwv^reu l-i^lo-. ?o,Llh,,r*4a.. tcl?s funlAddress: EXHIBIT C HEALTH DEPARTMENT PERMIT APPLICATION 74 CIIYOFVDilTONENvm fxT^L IIf,^LTrr I}E AIXiIE.IT.lt sama E Av:truE Vrnio$ CA *l (lD) lt -l I, Drr. ,ll APPLICATION FOR F(X)D HEALTH PEruUIT All dks8 rg q*k SEIPuJ, C4* S,clp)ilil),o, ,,.tir€ t i,d,olvcs obility d olt d ledidt Cnd.te SECIION.A:Bt,sl:r Ess lrForuaTror Nm.th BusiBr Addrlar: M. nB Ad&Bs (if dill€E fim rhovc): l-l ..--I lt t- I l"-.,-I rooa *.*uo.E t-o roratu rdiE . -rIlb. ofunirF I E.-'r* n rooanoccl fOtfrlI l'.* l 1,...--E r-rr*otriil K r^h l,t't €)oEtL Cold Lleh o. Push Crrt IPl!-at rcd foods FEES }IIIST IE ?AID.{T TI}IE OF A??LICATION,'T}ABLE TO: la.f...-rFdtd-&a.if.-rrta,-tfdrrrlEa..:.dH,t*r-r-br*..r.rrr .dr".qItr$r..-r-a E.i.r, lFb * Fr-a r. br .d Ll-ra.l a t b..-..a*t rJ rd rfrr-r rtB Err, EXHIBIT D HEALTH DEPARTMENT TEIVIPORARY FOOD FACILITY SPONSOR/ORGANIZER APPLICATION PACKET 15 CITY OF VERNON ENVIRONMENTAL HEALTH DEPARTMENT 4305 s. Santa Fe. Ave.. Vernon CA 90058 (321) 583-881 I FAX (123) 588-4120 TEMPORARY FOOD FACILITY SPONSOR / ORGANIZER APPLICATION PACKET In accordance with the Health and Safety Code, Section 114335 a temporary food faciliry permit is required of the person or organiz^tion that is in control of a community event at which one or more temporary food facility operates. Attached are instructions for event sponsors and for food vendors to follow in applying for temporary food event occurring in the City of Vernon. The information should be read carefully and the lorms must be completed before submitting them to the Environmental Health Oflice for processing. Who must have a permit? Any person (or organization) intending to sell, give away or sample food to the public in conjunction with an event (Examples of a temporary event (special event) include street fairs and festivals, musical and anistic presentations, sports events, ethnic celebrations, trade shows and product introductions involving food. This applies to all retail food and beverage, including: soft drinks, portable bars, beer gardens, eic. Permit fees are rcquired of all event sponsors and vendors (non-prolts see attachment). The fees vary according to the permit type. The Fee for the Event Sponsor or Organizer is 5235.00 per event (t-3 days). The fee for each temporary food faciliry if 591.00. Each vendor must complete and submit the vendor application form. Event sponsors are responsible to ensure the availability of support facilities for the food vendors. These facilities include: - access to a safe water supply- 3-compartment sinks with hot/cold running water- Hand wash sinks- trash and wastewater disposal service- restrooms- Fire extinguishers (as necessary) Vendors found operating without valid permits will be closed until the fees are paid to the event organizer. All Vendors selling unpackaged foods must operate from an enclosed booth with a hand-washing station (see sample diagram in this packet). Please review and implement statewide requirements indicated in the attached guideline from Los Angeles County Environmental Health Please allow 30 days to process the applications for most events. The Event Sponsors or Organizers are the key contact person for our department and are held responsible for vendor compliance with the applicable regulations. Please let us know ifthere arc any questions at (321) 583-881 L Thanks for your cooperation and we hope you have a successful event. EYENT ORGANIZER/SPONSOR RESPONSIBILITIES I . Work closely with the Department of Environmental Health to assure a safe and successful event. 2. Be familiar with your vendor operations and temporary food event rules and guidelines. 3. Provide the Department (must be submitted 30 deys prior to the event) with the following: A. Completed Temporary Food Facility Organizer/Sponsor Application B. Food Vendor List which should include:- Booth name(s)- Name, address, and phone number of person in charge ofbooth- Food/menu items C. SITE MAP which should include the location of:- Each food booth- Potable and non-potable water supply- Waste water disposal- Trash Dumpsters- Refrigerated trucks (if any)- Utensil wash sinks (three (3) compartment type)- Restrooms within 200 feet of fmd booths 4. Provide all food booth vendors with TEMPORARY FOOD FACILITIES APPLICATIONS, stressing the need to rehrm applications to this Depaffirent no later than 30 days prior to the event. 5. Distribute Food safety notices included in this package. tTHOME-PREPARED FOODS ARE NOT ALLOWED. If your organization does not have its own kitchen facility, you must obtain permission to use a kitchen facility which has been approved by the local Department of Environmental Health or obtain prepared foods from an approved source. For non-profit/exempt businesses, non-perishable bakery items are exemptd from this restriction. FEES DUES: Make checks payable to: City of Vernon TOTAL : .IYPE FEES QTY.A}IOU NT TOTAL SPONSOR I'EES 235.00 VENDORS 91.00 CITY OF VERNON ENVIRONMENTAL HEALTH TEMPORARY FOOD FACILITY ORGANIZER/SPONSOR APPLICATION EVENT NAME DA'TE LOC.{TION TIIIIE OF EVf,NT SETUP DATE COORDINATOR NAME PHONE MAILINC ADDRESS NUMBER OF FOOD BOOTHS CERTIFIED FARIVIER'S TIARKET I YES I NO PETTING ZOO YES NO PROFTT OR NON PROT'IT EVENT FACILITIES Source of Electricity Describe utensil washiog facilities for food opcrators Describe Restroonl Frcilities Describe source(s) of wrter Describe \Vastewater disposal Describe garbage / trash disposal Emergency Services APPLICATION DISPOSITION .lPPROTED NOT ,lPPROTED PLAN CHECKED BY DATE Any deviation form the approved plan musl be approved by this office. A copy ofthis plan must b€ maintained at the site during the ovent period. Lr.lF oFzr! qJ q.lU dql z zIF d rlld Lq Ed.J Ltl s.l d,!d ot- o !4 ! LLl ZoF '-)cJ LI'lzo lr,lJr!1- t! c Oz zo rr.l I! zFzr! !.1 Ltlzo q.tJr!F dd d G,lNz (,&o F 8 lr-oq.l2 z Fa J zrlj I. FzEi G,i EriF 'o qo { * EVENT SITE MAP EVENT NAME ADDRESS LOCATION DATE (S) Event Name Date Vendor / Booth Name 'tel. Nlailing Address Person in Charge Prolit of Noo-Prolit Sponsor Nrnre CITY OF VERNON ENVIRONMENTAL HEALTH TEMPORARY FOOD FACILITY VENDOR / BOOTH APPLICATION "*HO IE-PREPARED FOODS ARE NOT ALLOIVED. lf your orgrniz8aiotr does oot have its owtr kitchetr facility, you musa obtsitr p€rmission to use a kitchetr fscility which hss beeu rpproved by the locrl Department of Elvirolmental Herlth or obtaitr prepared foods from ao approved source. For trotr-prolit/erempt busiuesses, nou-perishlble bakery items are erempted from this rcstrictioo. PLEASE INDICATE THE NAME LOCATION AND TELEPHONE OF SITE WHERE FOOD IS PREPARED OR PREPACKED OTHER THAN THE EVENT SITE Name of Establishment Telephone Address Operational Describe utensils to be used and utensil washing facilities Describe Facilities for keeping Food Hot or Cold IlI EN U FODD ITEIlI How sen ed Made to Ordel OfFSite Prep On Site Prep Describe Preparation Merhod Hot Cold No No \es No Describe Safe methods to be used in transporting food Describe Carbage / Trash Disposal Describe Source of Potable Water Describe Wastewater Management Describe Booth materials ( See attached handout for booth consrruction) Floors Walls Ceiling Opening TEMPOR.\RY FOOD FACILITY VENDOR / BOOTH .\PPLICATION EXISTING PERMTT EOLDERS Ifyou already have a valid "Tcmporary Food Facility Permit" issued by this depanment, please do the following: l. Make a photocopy ofyour Temporary Permit and give it to the event sponsor. 2. At the event, post your Temporary Event Health Permit. NON.PROFIT CEARITABLE ORGANIZATIONSl. Foltow Instructions #l - 5 only. A permit fee is not required for certified non-profit organizations, but a late fee will be required if submitted less than 2 weeks before the event. 2. Submit proofofnonprofit status: tRS 501 (c[3). MOBIL FOOD VENDORS l. Permined mobile food vendors may participate in Temporary Events without additional permit. 2. Make photocopy of cunent permit and retum it to the event sponsor. I declare under penalty of perjury that to the best of my knowledge and belief, the statements made herein are correct and true. I hereby consent to all necessary inspections made pursuant to law and incidental to the issuance of this permit and the operation of this business Signature Date Print Name Telephone APPLICATION DISPOSITION --IPPROI'ED ,\OT 4PPROI'ED PLAN CHECKED BY DATE Any deviation form the approved plan must be approved by this office. A copy ofthis plan must be maintained at the site during the event period. Applications for a Community Event may be obtalnod from your Environmental Hcahh local distrlct office or online at @ Environmental Health Division Los Angeles County Department of Public Health www.Dublichealth. lacountv.qov/eh Health Code Requirements for Community Events in LA County Health Code Requirements for Community Events in LA County INTRODUCTION Thank you for your interest in participating in a Community Event in Los Angeles County. This booklet was prepared to help food service operators and event organizers to operate in a safe and sanitary manner by complying with the requirements of the Califomia Retail Food Code (Cal Code). Some food booth operators and event organizers may be exempt from County permit fees and/or the requirements of Cal Code. Please refer to the'Exemption Certification for Community Events'form. All event organizers and food booth operators who are nol exempt from Cal Code are required to complete a community event application. The Exemption Certification for Community Events form andcommUnityeventapplicationformsareavailableonourwebsiteat@ and may be found in the Areas of lnterest - Food. Completed applications should be submitted 30 days, but no less than two weeks prior to the event, to the Environmental Health local district office that has iurisdiction over the event. A list of offices and the areas they cover is available at lf you have any questions, crntact your Environmental Health local district office or the Bureau of District Surveillance and Enforcement at (626) 430-5200. The Los Angeles County Department of Public Health hopes this guide will help you have a healthy and successful event. We look fonrvard to helping you operate safely and in compliance with all requirements. DEF!NlTIONS Commissary - A facility that services mobile food facilities where any of the following occur: a) Food, containers, or supplies are stored. b) Food is prepared or prepackaged for sale or service at other locations. c) Utensils are cleaned. d) Liquid and solid wastes are disposed, or potable water is obtained. Community Event - A civic, political, public, or educational event, including state and county fairs, city festivals, circuses, and other public gatherings approved by this department. Examples include traveling circuses, street festivals, church carnivals, 'taste of events, the temporary food facility section of a certified farmers' market, and other similar types of events that are open to the public. Event Organizer - The person, business, or entity responsible for the operation of the event and the facilities used by the public or shared by multiple food booths. Food Preparation - Cooking, packaging, assembling, portioning, chopping, slicing, or any operation that changes the form, flavor, or consistency of food. Members and Guests - lncludes members of a church, private club, or other nonprofit organization. Guests mean people invited by a member to participate in a specific function. Nonprofit Charitable Temporary Food Facility - A food booth run by a charitable organization in compliance with the Nonprofit Corporation Law, as per Section 501(c) of the lnternal Revenue Code and Section 23701d of the Revenue and Taxation Code. This type of booth may only operate three Environmental Health Division t of Public Health fte*r-t, ,Elo((prnciffi t - :-r...d r.4- 1 Health Code Requirements for Community Events in LA County consecutive days per event and no more than four events per year. Temporary Food Facility (TFF) - A food booth, food cart or food truck approved by the Department of Public Health to operate at a fixed location within a Community Event. A TFF may only operate for a period not to exceed 25 consecutive or nonconsecutive days in any 90{ay period. For the purposes of this guide, the term temporary food facility is used when refening to both temporary food booths and temporary vehicles. The term temporary food booth is used when identifying requirements specific to the construction of a food booth. Temporary Food Preparation Facility - Prepares and offers for sale non-prepackaged food. Examples include barbecued ribs, roasted com, kettle corn, or fresh squeezed lemonade. Temporary Propackaged Food Facility - Offers for sale only commercially prepackaged food and may offer prepackaged samples of food. Example, selling prepackaged foods such as nuts, candy, sodas, ice cream. Temporary Prepackaged Food Facility with Food Samples - Offers for sale only commercially prepackaged food, and serves unpackaged food without charge to the public to promote the sale of food. Example, selling prepackaged dips, and giving out open samples of dip and chips. FREQUENTLY ASKED QUESTIONS Does a community event nead an event organizer? Yes, a community evenl must have an event organizer who is responsible for the operation of the event and the facilities used by the public or shared by temporary food facilities. The event organizer must apply and pay for an Event Organizer Permit and is responsible for ensuring that the event complies with community event requirements. My church/nonprofit organization has a pancake breakfast fundraiser once a month. Do we need a health permit? No, event organizer and food booth permits are not required if a church or non-profit organization has an event which is only open to members and guests of members and the event is held 3 days or less in a 90 day period. However, if the event is open to the public or lasts longer than 3 days, you must obtain an event organizer and temporary food facility permit and comply with community event requirements. Are there other ov€nts that do not need a health p€rmit or whero the fee is waived? Some temporary food facility operalors and event organizers who participate in community events may be exempt from County permit fees and/or the requirements of the California Retail Food Code (Cal Code). Please refer to the'Exemption Certification for Community Events', which €n be found at www. oublicheaith.lacounty.oov/eh. Can my nonprofit association advertise our evsnt in the newspaper without getting a hoalth permit? No, an event advertised to the public with banners, flyers, newspaper articles, or radio/television announcements is a public event and requires permits. However, you cirn pass out flyers to members and guests to remind them of an upcoming event. Environmental Health Division t of pubric Hearth Gc*r-r--.-$rrrenm Health Code Requirements for Community Events in LA County Oo€s wine tasting need a permit? A permit is not required if the food booth is operated by a wine grower at an event organized by a non-profit organization. However, if a wine grower does not operate the food booth orthe event is not organized by a non-profit organization, a permit is required. There will only be one food booth at a Community Event. Do we need pormits for both the evont organizer and the temporary food facility? No, if there is only one food booth operating at a community event, a permit for the event organizer is not required. However, the Event Organizer Application and the Temporary Food Facility Application must still be completed and approved. You will only be charged the food booth fee. I have a permitted food trucucart. Do I need a separate permit to operate at a Community Event? No, if you have a current Los Angeles County Public Health Permit for your mobile food facility, you do not need a separate permit. You can operate at a community event as long as you follow normal operating requirements, however, the event organizer must include your cart or truck on their application and plot plan. Mobile food facilities that do not have a current Los Angeles County Public Health Permit, must obtain a permit as a temporary food facility to operate at a Community Event. Can I share a booth with another food operator and obtain one permit to lowor our expenses? No, a permit is limited to one person, business, or organization. Each food operator is required to have their own permit to operate. The Department does not allow the consolidation of food operations or sharing a food booth for the purpose of obtaining a single permit. TEMPORARY FOOD FACILITY REQUIREMENTS HEALTH PERMIT Every temporary food facility that participates in a community evenl must have a valid Community EvenUSeasonal Event Permit. The permit is only valid for the specified site, dates, and business or organization. Each permit is limited to one food facility operated by one owner. Two or more business or organization operating in a contiguous area may not combine their booths for the purpose of obtaining a single permit. The permit must be posted at the booth. To obtain a permit, submit a Community Event Temporary Food Facility Application 30 days prior to the event to the District Office that covers the event location. An expedited processing fee equal to the greater of $50.00 or 25 % of the permit fee will be assessed for an application submitted less than 14 calendar days prior to the start of the event. FOOD SAFETY REQUIREMENTS FOOO TEMPERATURES Potentially Hazardous Foods (PHF) such as meat, poultry, seafood, eggs, cooked vegetables, and dairy products including cheese and milk must be held at or below 45'F, or I of abora 135'F, ,td b exceed 12 hours in any 24-hour period. Provide accurate thermometers to test food temperatures. o Dispose of all PHF held at 45'F a I a .borra 13lt'F aa hc ..rd o{ lha ogr.&rg d.y.o Maintain food at the required temperature during transport to the temporary food facility. Environmental Health Division t of pubric Hearth Gc*r,,t^*o(\Prrr rffif-:-in"..lr.+ Health Code Requirements for Community Events in LA County COOKING TEMPERATURES Food must be cooked to the minimum required internal temperatures:. 165'F lor 15 r@td. fo. podry, ground c Od(.d po&y, ilfi.d fi$, *rtLd !tr..l. ttt tcd poultry, and any food stuffed with fish, meat, or poultry. . 155'F h 15 tadrdr for cggr, ground meat or chopped meat (e.9., hamburgers or sausage).. 145'F tor 15 rrcsrd. fq fulr rd dngh pac.r d nt f itdtdlng bxt, f,d, br5, rrd poft ADULTERATION Food must be maintained free from contamination. Food must be disposed of if contaminated. APPROVED FOOD SOURCE All food must come from an approved food facility. Food prepared or stored at home is prohibited. Sellers of certified agricultural products must possess a valid Certified Producer Certificate to be considered an approved source. Other food products must be processed or stored at a location regulated by an authority acceptable to the Califomia Department of Public Health or Los Angeles County Environmental Health. Upon request by an inspector, a food vendor must provide verifications of approved food sources. Acceptable verifications can be receipts or a written agreement to use an approved facility. Examples of approved sources include facilities that possess:. A Food Registration from the State Food and Drug Branch (FDB)o A valid permit from a local environmental health agenryo A federal inspection certiflcateo Agreement for Sharing of a Permitted Facility $!99 Non-profit, charitable organizations may serve non-potentially hazardous baked goods that have been prepared in a private home. Examples include cookies, cakes, and muffins. LABELING/OISCLOSURE Prepackaged food sold directly to the customer must be prepared and packaged at an approved food facility. Prepackaged food must be clearly labeled with the following information: 1. Name of the item,2. Weight or volume of the package, 3. lngredient list, and 4. The name and location of the manufacturer. PURE FOOD/ICE lce used for drinks should be stored in approved containers separate from ice used for food storage and cooling. lce must be protected from contamination at all times. FOOD PREPARATION Food preparation must take place within the temporary food facility, in an approved kitchen, or commissary permitted by Environmental Health. Cooking food on barbecues, grills, or other equipment approved for outdoor cooking is allowed. FOOD STORAGE/DISPLAYo All food must be stored or displayed in approved food grade containers with lids, display cases or protected by sneeze guards.o Provide separate coolers for raw meats and ready to eat foods.. During hours of operation, containers of unopened, non-potentially hazardous foods may be stored adjacent to lhe food booth. Environmental Health Division t of pubric Hearth Kn*r,uf, Health Code Requirements for Community Events in LA County o When not in operation, protect the food from contamination by storing the food at a permitted food facility, inside a fully enclosed food booth, or in a lockable, vermin proof container. EMPLOYEE PRACTICES Employees are required to:. Wash their hands -o lmmediately before engaging in food preparation. o After using the toilet facility-o As often as necessary to keep their hands clean and prevent cross contamination.. Limit bare hand contact with ready-to-eat food and should use suitable utensils such as deli paper, spatulas, tongs, single.use gloves, or dispensing equipment.o Wear gloves when contacting food or food contact surfaces when there are any cuts, bums, abrasions, artificial nails, nail polish, or a ring other than a plain wedding band.. Wear clean clothing.. Restrain hair with hat or other approved covering.. Not smoke near, outside, or within the food booth.o Not eat within the food booth.o No sick employees may work at the event, as they are a source of possible disease transmission. EQUIPMENT AND UTENSIL SANITIZING. Equipment and utensils must be cleaned and sanitized at least every 4 hours, when switching from raw animal products to cooked/ready to eat foods or at any time the utensil becomes contaminated.. Utensils should be cleaned and sanitized in the dish washing sink by washing in the first compartment, rinsing in the second compartment, and sanitizing in the third compartment with an approved sanitizer.o Provide a test kit to check the concentration of the sanitizer. Use sanitizer solutions at the appropriate strengths for the indicated time:o Chlorine (i.e. bleach) at 100 ppm for at least 30 secondso lodine at 25 ppm for at least 1 minute o Quatemary ammonium at 200 ppm for at least 1 minute DISH WASHING SINK (WARE WASHING SINK) lf the event organizer does not provide dish washing sinks, each temporary food facility operator with open food is responsible for providing their own approved sink. Dish washing sinks must meet the following requirements:o Have three-compartments to wash, rinse, and sanitize utensils.. Have two drain boards, one for dirty utensils and one for clean utensils.o Have hot (120'F) end ooltl nmhg wfr, ovshead protection, and be @nnected to the sewer system or a holding tank.. Be stocked with detergent and chlorine bleach or other approved sanitizer to wash, rinse and sanitize equipment and utensils.o Have 25 gallons of potable water for each temporary food facility using the dish washing sink. Variances (must obtain prior approval from this department):. Up to four (4) additional temporary food facilities may share a dish washing sink if the additional food facilities use less than four (4) multi-use utensils each.o No dish washing sink is needed if only single-use disposable utensils are used for preparing or serving food and an adequate supply is maintained on site. Los Angeles County Department of Public Health vurur. oubl ichea lth. lacountv.oov/eh Health Code Requirements for Community Events in LA County . For an event lasting less than four hours, a dish washing sink will not be required for each temporary food facility if:o At least one three-compartment sink is available, ando Temporary food facilities maintain a back-up supply of multi-use utensils. Figure 2 D|SH WASHING SINX HAND WASHING FACILITIES Each temporary food facility is responsible for having a self- contained portable sink with 5 gallons of warm water (100'F) liquid soap, single use towels, and a trash container available. For events of three days or less a gravity-fed container (with a catch basin) that can provide a continuous stream of warm water (100'F) mey bG ut d in ds da podaUr **. Figure 1 GRAVITY FEO HANO WASH SEI UP APPROVED EQUIPMENT/UTENSILS AND STORAGE. All equipment and utensils should be commercial grade, in good repair, and clean.. Equipment / utensils must be stored at least 6 inches above the floor, on tables or shelving. FOOD BOOTH All food booths need to have overhead protection and a floor of concrete, asphalt, or wood. Food booths wilh open foods are required to:o Have four (4) walls of solid material or 16 mesh per square inch screen with pass through windows for customer service that are 216 square inches or less. Exception - lf open food is limited to samples, walls are not required if samples are in covered containers. o Locate barbecues, grills, or other approved outdoor cooking equipment adjacent to the food booth and with a banier to prevent public access. Do not locate outdoor cooking equipment under trees.. Be free from rodents, cockroaches, and flies llglgi For events lasting less than four hours, artificial turf, canvas, or other similar materials may be used if properly secured and do not present a tripping hazard. Dirt and grass are not acceptable floor surfaces. Environmental Health Division Los Angeles County Oepartment of Public Health \,tu,! r.oublicheatth.lacounW.oov/eh @ sfi**"* Health Code Requirements for Community Events in LA County Obey all local fire department regulations regarding cooking equipment and food booths. Figurc 3 A FUILY ENCTOSED FOOD BOOTH FOR IOOD PREPARATION AND SERVICE Figure 4 A SPIIT BOOTH WITH AN OPEN SERVICE AREA ANO AN ENCLOSED REAR AREA FOR FOOD PREPARATION AND PACl(AGING The business name must be displayed at each booth in leners that are at least three (3) inches high. The name of the owner, city, state, and zip code must be cleady displayed. FOOD TRUCKS AND FOOD CARTS FOOD TRUCKS AND FOOD CARTS WITH A CURRENT LOS ANGELES COUNTY PERMITo Permit posted on the truck or cart.o Carts not required to be inside a tent.o Food must be handled in compartments on the cart.o Food trucks operating at a Certified Farmers' Market may store, display, and sell food from a table adjacent to the vehicle. FOOD TRUCKS AND FOOD CARTS WITHOUT A CURRENT LOS ANGELES COUNTY PERMITo Food truck and cart operators WITHOUT a current Los Angeles County Public Health Permit must apply as a temporary food facility and pay for a health permit. o Food trucks and carts participating more than one day in an event must provide information on maintaining required food temperatures and storage of equipment during periods of non- operation and where and how the food truck or cart will be serviced (disposing wastewater, obtaining potable water, etc.) during periods of non-operalion.o Minimum requirements for dish washing, hand washing, maintaining food temperatures and food storage must be met as applicable. Equipment must be in working order.o A food truck or cart without a permit from Los Angeles County or another iurisdiction must provide a direct connection to an approved water supply that bypasses the holding tank. Liquid waste must be removed through an approved connection to the sewer system or by an approved sewage transport vehicle.. lf direct connection to an approved water supply that bypasses the holding tank cannot be provided, the food truck or cart must utilize an external warewash and handwash sinks, and be subjected to the same warewash and handwash sinks requirements as that of a food booth. Environmental H6alth Division t of Public Health fte*r-t-lrrog4lgum Health Code Requirements for Community Events in LA County EVENT ORGANIZER REQUIREMENTS EVENT ORGANIZER PERMIT The event organizer and every temporary food facility that participates in a community event must have a valid Public Health Permit. The permit is only valid for the specified site and dates. The permit must be posted at the facility. To obtain a permit, submit a Community Event Organizer Application or a Community Event Temporary Food Facility Application 30 days prior to the event to the local District Office that covers the event location. An expedited processing fee equal to the greater of $50.00 or 25 percent of the permit fee will be assessed for any application submitted less than 14 calendar days prior to the start of the event. . The event organizer permit and your approved plot plan must be available at the event. o All food booths, food trucks, and food carts operating at the event must post their Public Health Permit. EVENT ORGANIZER RESPONSIBILITIES It is the event organize/s responsibility to verify that temporary food facilities have adequate hand washing sinks, dish washing sinks, and toilet facilities before the community event starts. Hand washing sinks inside of a mobile food facility MAY NOT be substituted for a hand washing sink required at a reskoom facility. DISH WASHING SINKS It is the event organize/s responsibility to make sure the dish washing sinks meet the following requirements:. Temporary food facilities with open food have properly set up dish washing sinks prior to the start of the event.o Each dish washing sink has 25 gallons of potable water available for each temporary food facility using the sink.. No more than four (4) temporary food preparation facilities share a dish washing sink.o Sinks have hot (120'F) lld coH runniig wtar.nd ara proparty cctlradad b lha aauat or holding tanks. &!gi Food trucks and food carts that are not approved to store water in holding tanks and are unable to connect to a water supply must use event organizer provided dish washing sinks. HANO WASHING FACILITIES. See TEMPORARY FOOD FACILITY section for details. FOOD EMPLOYEE TOILET FACILITIES. One (1) toilet for each 15 food employees is located within 200 feet of each food booth, food truck or food cart.o One ('l ) hand washing sink with warm water (100'F), Iqrid $+, riqlr ur bw*, td batt container for towel waste is available for every toilet.. A sign should be provided indicating 'Employees Only.' PUBLIC TOILET FACILITIES. Adequate toilet facilities (permanent or portable) are available for public use (See table below).. One hand washing sink is available for every four (4) toilets. Sinks are stocked with liquid soap, single use towels, and a trash container for towel waste. Environmental H€alth Division t of Public Health fte*, nt- *-(tmr.dt 7 - o"i,r* xrr, 8 Health Code Requirements for Community Events in LA County Maximum Expscted Daily Numbor of Hours for Evsnt 1 2 3 4 5 6 7 8 I 10 Number of Toilets Needed <500 4 4 4 6 6 o I I I 500-1000 4 6 t)6 6 I I I 8 12 2000 4 I 8 I 8 12 12 12 12 16 3000 8 8 10 '10 10 't2 to to 20 20 4000 I I 12 12 16 16 20 20 24 28 s000 12 12 12 16 20 30 30 30 30 34 WATER SUPPLY. Protect potable water sources with a backflow protection device when required by applicable plumbing codes.o Use food grade hoses for connections. LIQUIO WASTEo A sewage transport vehicle is available (on call) to service portable toilets and remove liquid waste from sinks with holding tanks.o Holding tanks must have a capacity 50% greater than the potable water tanks. TRASH/WASTEo Trash containers with plastic bag inserts are available adjacent to food booths and throughout the event as needed.. Trash containers are emptied and bags replaced on a regular basis to prevent a nuisance. ANIMALSo Animals are maintained at least 20 feet away from food booths (except service animals).. Animal waste from petting zoos or other animal attractions is removed on a daily basis and stored in a covered container. Thank you lo Sanla Barban Counly Envi@nEnlal Heaflh lor rE/:mission lo use ils ld b@lh and sink itluslmti(ns Environmental Health Division Los Angeles County Department of Public Health rmrwv. oublichealth.lacountv.oov/eh I REGEIVED sEP l4 2016 CITY CTERK'S OFFICE RECEIVED sEP r 2 2016 ADIJlIN ISTRATION CITY CLERK DEPARTMENT .L?STAFF REPORT cril q-1, DATE: TO: FROM: RE: September 20,2016 Honorable Mayor and City Council Maria E. Ayala, City Originator: Matthew ty City Clerk A Resolution of the City Council of the City of Yernon adopting the Biennial Code Review Changes to the Master Conflict of Interest Code for the City of Vernon and all Agencies, Boards, and Commissions afriliated with the City. Recommendation A. Find that approval ofthe proposed action is exempt from California Environmental Quality Act ("CEQA") review, because it is a continuing administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Approve resolution adopting the changes to the Master Conflict of Interest Code for the City of Vemon and all affiliated agencies, boards and commissions, which incorporates all recommendations from the various affiliated City of Vemon governing bodies and City staff review effective immediately; and C. Repeals all other existing Conflict of Interest Codes for the City of Vemon and all other City of Vemon affiliated goveming bodies. Backqround The Political Reform Act requires each local agency to adopt and update its Conflict of Interest Code ("Code") biennially. The Code must enumerate the posirions "which involve the making or pafticipation in the making of decisions which may foreseeably have a material effect on any financial interest of that position." The Code must also specify the categories of financial disclosure that arc required for each designated position. Each individual holding a position listed within the Code must file a "Statement of Economic Interest" (the "Form 700") and disclose his or her financial interests in the specified categories. The City, and its affiliated agencies, boards and commissions reviewed their conflict of interest codes in the manner prescribed by Government Code Sections 87302 (a) and 87303. Staff Page I of 2 recommends the approval of the proposed Master Conflict of Interest Code which incorporates the review and recommendations from City Staff, and City-affiliated agencies, boards, and commissions. All recommendations have been reviewed and approved by the Office of the City Attorney. Fiscal Imoact There is no fiscal impact. Attachments Summary of Recommended Changes Draft Resolution Page 2 of 2 q,) oz !!E!!!E!E!E o o Eod. o Eo4 o o EoG, q) o Eo q) o Eq)4 q) Eolq. OJ o E OJ (l) o E.JG, o) E o,)G, Or EoG, o E OJG, o(,E.5gsE J.= E-E gxoo8.9 EEctO OJ (t)- o!. (Y) oL c)-ol (r)-ol (9 N. (t)- ot- oo gEB i.ooi.96luJ cl C) (rl C\I (9 "i (9 "i (, "i (D- c\r_ ('J N (o (o @ @ (o @ (o og Fc .92ooo. EotEo E EoooE oo)oc6 o,ooc-coo)Fc .9 6 E oc (Ec o)ooc-cooFc .9 6 E oc Ec o.zg .9 .E E! 6E .9co)(n olo c oFc .9(! Eoc c.g.9c-coo)F olooc! oFc.9 C' E c (!c:o E E(d (,)o (L c') 6cE oFc .96 E oc oE o o fo- 0)o 'E o)o 6 -9.=Fc .9 ooo-Io 0)(,r(!c(5 C,loocE oFc .E CI E oc >(5c o) 6c-cooFc .9 (t, E s ,9cq)a !jq)-co(!o..9o .q =l 6 cfoo oE I o o,=o oE f q)cc(! o=l a(5 o oo oc f o f 6oF E co oo-.:c,.E() c(! coO E 6 o)o--6 -co o).9 tro Et6(Loo c.e6 .9 .E Eo o c.9 C' .9 .E Eo o co (E .9..g Eo o co=G .9.,s Eo O c.9 (5 .9 ,E Ep .=() c.9 g .9 .E EE = oc o -- -- o,) t.lJ od (Uo ,E (.) 0) uJ ou (E(, .9 ot! 06 (t,(,I r I r I I I I eg'rE &u TEIJE tEEEEEOOlJE&lorr H3rG>EOEu= RESOI,UTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ADOPTING A MASTER CONFLICT OF INTEREST CODE FOR THE CITY OF VERNON AND AIL AGENCIES, BOARDS, AND COMMISSIONS AFFILIATED WITH THE CITY THAT INCORPORATES BY REFERENCE THE STANDARD MODEL CONFLICT OF INTEREST CODE OF THE FAIR POLITICAL PRACTICES COMMISSION AND REPEALING AIL RESOLUTIONS IN CONFLICT THEREWITH WHEREAS, on October 7, 2074, the Cit.y Council of the City of Vernon adopted Resolution No. 20L4-51- adopting a Master Conflict. of Incerest Code for Ehe City of vernon and all Agencies, Boards, and Commissions af f iliat.ed with t.he City t.hat incorporates by reference the st.andard model conflict. of inEeres! code of the Fair Political Practices Commiss j-on; and WHEREAS, the PoliEical Reform Act. (covernment Code Sections 81000, et seq.), requires state and 1oca1 government agencies t.o adopt and promulgate conflict of inE.eresE codes for each deparEment. of the City; and WHEREAS, the Fair Political Practices Commission (the "FPPC"), has adoptsed a regulation (2 CaI . Code of Re$.rlations Sect.ion 18730), that contains the terms of a standard conflict of interest. code and may be incorporated by reference as the City, s code; and WHEREAS, the sCandard conflict of interest code may be amended by Ehe FPPC after public noEice and hearing to conform to amendmencs in the Political Reform AcE,. and WHEREAS. Section 4.5 of Ehe Chart.er of Ehe City of Vernon provides thac regulations pertaining to any subject or model codes may be adopted by reference, in their original form or wit.h amendment.s,. and of Vernon t.erms of 2 WHEREAS, on January 2l , 2014, Ehe Citsy Cor:Ic iI of the City adopted Resolutsion No. 201,4-0L, adopting by reference the CaL. Code of Regulations Sectsion 18?30; and WHEREAS, in accordance wit.h Government code sections 87305 5, tshe Mastser Conflict of fnEerest Code has been reviewed;and 87306 and WHEREAS, the City Council of the City of Vernon has deleted, added and/or modified certain job titsIes and wishes to adopt a Master Conflict of Incerest Code for the City of Vernon and al-I agencies, boards and commissions to reflect currents positions for designated employees required to report financial intserests under designated disclosure categories. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COI]NCTL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of Ehe Clty of Vernon hereby finds and determines tshat the above reciEals are true and correcE. 5EL1 LLJI\ -Z:The CiEy Council of tshe City of Vernon finds that Ehis action is exempE from California Environmental Oua]iEy Act ("CEQA") review, because it is a cont.inuing administrative activity that will not. result. in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEOA Guidefines sectsion 15378. SECTION 3: Ef fect.ive SepEember 20, 20!6, tshe City Council of the City of Vernon hereby adopts Ehe Master of Conflict of Incerest Code, by reference, the t.erms of 2 Ca1 . Code of Regnrlations Sect.ion 18730, and any amendments to it duly adopt.ed by the FPPC. That ReguLation, along with Appendix No. 1, designatsing positions and establishing disclosure requirements, which is at.t.ached hereto and 2 incorporated by reference, sha1I constiEuEe the Mastser Conflict of Interest Code of the City of Vernon. SECTION 4: The following positions are not covered by this Mastser of Conflict of rnterest Code because individuals holding these positions must. file under Government Code SecEion 87200, an:d, tsherefore, are listed for informational purposes only: Mayor, City Administrator, City Attorney, CiEy Treasurer, Chief Administ.rative officer, City Council members, and other public officials who manage pu-bIic investments. Individuals holding the above-lisEed positions may contact the FPPC for assisCance or written advice regarding their filing obligations if tshey believe Ehats tsheir posiEion has been categorized incorrecEly. The FPPC makes the final determination whether a position is covered by Governments Code Sectsion 8'l2OO. SECTION 5: The City CounciL of the City of Vernon hereby del-egates the auchority to carry ouE the dutsies of filing officer t.o the CiEy Clerk or Deputy City Cl-erk, and individuals holding designatsed positsions sha1l file Eheir statements witsh E.he City Clerk or Deputy City Clerk, who will reEain tshe statsementss and make the st.atement.s available for public inspectsion and reproduction pursuant. to Government Code Section 81008. SECTION 6: A11 resolutions or parts of resolutions, specifically Resolution No. 201-4-61, noE. consistenE wit.h or in conflict with this resolu!ion are hereby repealed. 3 SECTION 7:The CiEy clerk, or Deputy citsy Clerk, of the City of vernon shall certify to Ehe passage, approval and adoption of this resolution, and the City C1erk, or Deputy City Clerk, of the City of vernon sha1I cause this resolution and Ehe City Clerk's, or Deputy City Clerk's, certificat.ion t.o be enEered in the File of Resolutions of Ehe Council of this City. APPRoVED AND ADOPTED this 20Eh day of September, 201-6. Name: Title: Ylayor / Mayor Pro-Tem A1-LEir1: City clerk / Deputy City Clerk 4 STATE OF CAIIFORNIA )) ss COIJNTY OF LOS ANGELES ) , city clerk / Deputsy City Clerk of the city of vernon, do hereby certsify Ehat the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the City Council of the City of vernon at a regular meeting of Ehe City Council duly held on Tuesday, September 20, 2015, and Ehereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of September, 2076, aL vernon, California. cicy clerk / Deputy City Clerk (SEAL) I, 5 EXHIBIT A APPENDIX NO. I The positions listed below are designated positions in the City of Vemon. DESIGNATED POSITIONS DISCLOST]RE CATEGORIES CITY ADMINISTRATION DEPARTMENT: Deputy City Administrator 1,2,3 Economic Development Manager 1,2,3 Purchasing Agent 1,2,3 Administrative Analyst t,2,3 Information Technology Manager t,2,3 Information Technology Analyst 1,2,3 lnformation Technology Analyst, Senior t,2,3 Information Technology Technician 1,2,3 Information Technology Programmer/Analyst 1,2,3 CITY ATTORNEY DEPARTMENT: Deputy City Attorney 1,2,3 Deputy City Attorney, Senior 1,2,3 CITY CLERKDEPARTMENT: City Clerk 1,2,3 Deputy City Clerk ,? FINANCUTREASURER DEPARTMENT : Assistant Finance Director 1,2,3 Deputy City Treasurer t,2,3 Purchasing Assistant )? fusk Manager 1,2,3 FIRE DEPARTMENT: Assistant Fire Chief 1,2,3 Fire Battalion Chief 1,2,3 Fire Chief 1,2,3 Fire Code Inspector 1,2,3 Fire Marshal 1,2,3 GAS AND ELECTRIC DEPARTMENT: Associate Electrical Engineer 2,3 Associate Resource Scheduler )7 Director of Gas and Electric 1,2,3 Electrical Engineer )1 Electrical Resources Planning and Development Manager 1,2,3 1 CITY OF VERNON: Gas Systems Superintendent 1,2,3 Resource Planner 2,3 Resource Scheduler 2,3 Supervising Electrical Engineer 1,2,3 Telecommunications System Engineer 1,2,3 Utilities Compliance Manager 1,2,3 Utilities Dispatcher 2,3 Utilities Engineering Manager t,2,3 Utilities Operation Manager 1,2,3 HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT: Chief Deputy Director of Health & Environmenta.[ Control 1,2,3 Director of Health and Environmental Control r,2,3 Environmental Specialist 2,3 Environmental Specialist, Senior t,2,3 HUMAN RESOURCES DEPARTMENT: Director of Human Resources t,2,3 Human Resources Analyst 2,3 Human Resources Analyst, Senior 1,2,3 POLICE DEPARTMENT: Police Captain t,2,3 Police Chief t,2,3 Police Lieutenant 1,2,3 PT,]BLIC WORKS. WATER AND DEVELOPMENT SERVICES DEPARTMENT: Assistant Engineer 1,2,3 Assistant Planner 1,2,3 Associate Engineer t,2,3 Building Inspector, Senior 1,2,3 Civil Engineer t,2,3 Deputy Director of Public Work, Water & Development Services 1,2,3 Director of Public Works, Water and Development Services 1,2,3 Electrical lnspector 1,2,3 Plumbing and Mechanical Inspector 1,2,3 Principal Civil Engineer r,2,3 Project Engineer 1,2,3 Public Works and Water Foreman 1,2,3 Public Works and Water Superintendent 1,2,3 Public Works Foreman 1,2,3 Public Works Project Coordinator 1,2,3 Public Works Water Project Coordinator 1,2,3 Stormwater and Special Projects Analyst 1,2,3 2 ALL DEPARTMENTS: Consultants Chairperson 1,6 Commission Member 1,6 Consultants 1,6 Executive Director 1,6 Legal Counsel l,6 Secretary 1,6 Vice Chairperson 1,6 Chairperson 1,6 Commission Counsel 1,6 Commission Director 1,6 Commission Member t,6 Consultants Secretarv 1,6 Vice Chairperson 1,6 Chairperson r,6 Chairperson Pro Tem 1,6 Consultants Director 1,6 Executive Director 1,6 l-egal Counsel 1,6 Treasurer 1,6 Board Member 1,6 Chairperson 1,6 Vice Chairperson 1,6 Chairperson 1,6 Consultants Directors t,6 Executive Director r,6 Legal Counsel 1,6 Treasurer 1,6 Vice Chairperson t,6 BUSINESS AND INDUSTRY COMMISSION: GREEN VERNON COMMISSION INDUSTRIAL DEVELOPMENT AUTHORITY" OVERSIGHT BOARD OF TTM SUCCESSOR AGENCY TO THE REDEVELOPNMNT AGENCY: SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY 3 Chairperson 1,6 Committee Members 1,6 Consultants 1,6 Counsel t,6 Executive Director 1,6 Secretarv 1,6 Treasurer 1,6 Vice Chairperson t,6 Chairperson 1,4, 5 Commission Counsel t,4 ,5 Commission Director t,4,5 Commissioner 1,4,5 Consultants Secretary 1,4,5 Treasurer 1,2,3 Vice Chairperson t,4,5 Chairperson 1,6 Chairperson Pro Tem t,6 Chief Financial Officer r,6 Consultants Directors 1,6 *Consultants who hll a "designated position" must file in the same manner as a direct employee filling the same "designated position" would be required to file. With respect to consultants that do not hll a "designated position" listed herein, the City Administrator shall determine in writing if a particular consultant performs a range of duties requiring disclosure under this Code. The City Administrator's written determination shall include a description of the consultant's duties and a statement of the disclosure required. A copy of that determination shall be filed with the City Clerk and a copy forwarded to the Ciry Council. VERNON COmmUMTY FUND GRANT COMMITTEE VERNON HOUSING COMMISSIOI VERNON HISTORICAL PRESERVATION SOCIETY 4 Disclosurt Categories Individuals holding designated positions must report their interests according to the following corresponding disclosure categories to which their position has been assigaed. Such individuals shall be required to disclose such interests to the extent that their economic interests may foreseeably be affected materially by any decision made or participated in by the individual by virtue of his or her position. l. AII Vemon Real Prooertv. All interests in real property within the City of Vernon, within two miles of the City, or within two miles of any City controlled property. Real property used primarily as the official's personal residence (such as a home or personal vacation home) need not be disclosed. 2. All Vernon Investments. All investments and business positions from sources located in, doing business in, or planning to do business in the City of Vemon. 3. All Vemon Income and Gifts. All income, including loans, gifts and travel pa).ments, from sources located in, doing business in, or planning to do business in the City of Vemon. 4. Vemon Housing Investments. Investments or business positions in sources which provide services, goods, supplies, materials, equipment or machinery of the type utilized for City of Vernon controlled housing. 5. Vernon Housing Related Income and Gifts- lncome, including loans, gifts and travel payments, from sources which: a. Have an interest in residential property in the City, within two miles of the City, or within two miles of residential propeny controlled by the City; or b. Provide services, goods, supplies, materials, equipment or machinery of the type utilized for City of Vernon controlled housing. 6. Board Members. All investments, business positions and sources of income (including loans, gifts and travel payments) which are subject to the authority and/or subject matter jurisdiction of the Board, Agency, Authority, Comminee, or Commission on which the member serves. 5 CITY OF VERNON et. al. CONFLICT OF INTEREST CODE The Political Reform Act of 1974, as amended (Govemment Code Sections 81000, et seq.), requires state and local govemment agencies to adopt conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 Califomia Code of Regulations Section 18730, which contains the terms of a standard conflict of interest code which may be incorporated by reference and which may be amended by the Fair Political Practices Commission after public notice and hearing to conform to amendments of the Political Reform Act. The terms of the standard conflict of interest code in 2 Califomia Code of Regulations Section 18730 and any amendments thereto, along with Appendix A and Appendix B in which officials and employees are designated and disclosure categories are established, are hereby incorporated by reference and shall constitute the Conflict of Interest Code. Members of the goveming body shall not be financially interested in any contract made by the goveming body or in any contract they make in their capacity as members of their respective goveming body as provided in Govemment Code Sections 1090, et seq. A member shall not be considered to be financially interested in a contract if his or her interest is included within a legally recognized exception. 6