2017-02-07 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, February 7, 2017, 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.
PUBLIC HEARING
1. Public Hearing of Ordinance No. 1239 - An Ordinance of the City Council of the City of Vernon
amending (A) Section 30.8 of Article II of Chapter 30 of the Vernon Municipal Code; and (B) Rule
No. 18 of the City of Vernon Rules for Electric Service to clarify the prohibition on private
sale/resale of electricity. (First Reading)
Recommendation:
Items A-C:
Regular City Council Meeting Agenda
February 7, 2017
Page 2 of 7
A. Find that the ordinance amendment to Section 30.8 of the Vernon Municipal Code referenced in
this staff report is exempt under the 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. Conduct a Public Hearing; and
C. Approve the first reading, and adopt at a subsequent meeting, an ordinance amending Section
30.8 of Article II of Chapter 30 of the Vernon Municipal Code and Rule No. 18 of the City of
Vernon Rules for Electric Service to clarify the prohibition on private sale/resale of electricity.
PRESENTATIONS
2. Badge Presentation Ceremony - Bryan Dome
Presented by: Bruce English, Fire Chief
3. Storm Outage Mutual Assistance
Presented by: Todd Dusenberry, Utilities Operations Manager
4. Status of the Metro Active Transportation Rail to River Corridor Project
Presented by: Metro Active Transportation Rail to River Corridor Project Staff
CONSENT CALENDAR - All matters listed on the Consent Calendar are to be approved with one motion.
Items may be removed from the Consent Calendar by any member of the Council. Those items removed will
be considered immediately after the Consent Calendar.
Claims Against the City – Received and Filed
5. None
Warrant Registers
6. Ratification of the following City Warrant Register to record the following voided checks:
A. City Warrant Register No. 1445 to record voided Check No. 350622 in the amount of $137.50
7. Approval of City Warrant Register No. 1465, totaling $2,258,681.74, which covers the period of
January 10 through January 30, 2017, and consists of the following:
Items A-D:
A. Ratification of wire transfers totaling $1,662,414.34; and
Regular City Council Meeting Agenda
February 7, 2017
Page 3 of 7
B. Ratification of the issuance of early checks totaling $558,870.38; and
C. Authorization to issue pending checks totaling $37,397.02; and
D. Voided Check No. 353606 totaling $300.00.
8. Approval of Light & Power Warrant Register No. 430, totaling $8,219,471.54, which covers the
period of January 10 through January 30, 2017, and consists of the following:
A. Ratification of wire transfers totaling $7,811,645.60; and
B. Ratification of the issuance of early checks totaling $406,433.89; and
C. Authorization to issue pending checks totaling $1,392.05; and
D. Voided Check No. 512474 totaling $450.00.
9. Approval of Gas Warrant Register No. 218, totaling $2,125,643.86, which covers the period of
January 10 through January 30, 2017, and consists of the following:
A. Ratification of wire transfers totaling $2,092,210.30; and
B. Ratification of the issuance of early checks totaling $33,433.56.
City Administration Department
10. Ratification of Mayor’s Appointment of Legislative Representative to serve on the Vernon
CommUNITY Fund Grant Committee.
Recommendation:
A. Find that the appointment of an eligible individual to serve on the Vernon CommUNITY Fund
Grant Committee is exempt from California Environmental Quality Act (“CEQA”) review,
because it is an administrative action 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. Ratify the Mayor’s appointment of Julia Juarez to serve on the Vernon CommUNITY Fund Grant
Committee to fill an unexpired term in a Legislative Representative Seat until the term expires on
June 30, 2018.
Fire Department
11. Activity Report for the period of January 1 through January 15, 2017.
Regular City Council Meeting Agenda
February 7, 2017
Page 4 of 7
Police Department
12. Activity Log and Statistical Summary of Arrests and Activities for the period of January 1 through
January 15, 2017, to be received and filed.
13. Activity Log and Statistical Summary of Arrests and Activities for the period of January 16
through January 31, 2017, to be received and filed.
14. Automatic License Plate Recognition Data Integration Services Agreement
Recommendation:
A. Find that granting authority to execute the referenced agreement 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 to execute an agreement for a three year term with Vigilant Solutions,
for data integration and participation in a nationwide law enforcement data access service program.
Public Works, Water and Development Services Department
15. Annual Building Department Report, 2016, to be received and filed.
16. Acceptance of work related to Contract No. CS-0602 – Rehabilitation Improvements of 4323 Furlong
Place from St. George Groupe, Inc.
Recommendation:
A. Find that the acceptance of work related to the Capital Improvement Project is categorically
exempt under the California Environmental Quality Act (“CEQA”) in accordance with CEQA
Guidelines Section 15301, Existing Facilities, part (a), because the project is merely to make
interior or exterior alterations involving partitions, plumbing, and electrical conveyances; and
B. Accept the work of St. George Groupe, Inc. as related to City Contract No. CS-0602 –
Rehabilitation Improvements of 4323 Furlong Place, and authorize staff to submit the Notice of
Completion for the project to the County of Los Angeles Recorder’s Office.
17. Acceptance of Work for Contract No. CS-0639 Rehabilitation of 10 Million Gallon Reservoir
Recommendation:
Items A-B:
A. Find that the acceptance of work related to the Rehabilitation of the 10 Million Gallon Reservoir
Capital Improvement Project is categorically exempt under the California Environmental Quality Act
(CEQA) in accordance with CEQA Guidelines Section 15301, Existing Facilities, part (a), because the
Regular City Council Meeting Agenda
February 7, 2017
Page 5 of 7
project is merely to make interior alterations involving the cleaning of the existing ten (10) million
gallon underground water storage reservoir by wash down, abrasive blasting, crack sealing, applying
epoxy coating on steel piping, and removing all debris from the project site; and
B. Accept the work related to City Contract No. CS-0639 – Rehabilitation of 10 Million Gallon
Reservoir Capital Improvement Project, and authorize staff to submit a Notice of Completion for
the project to the County of Los Angeles Recorder’s Office.
NEW BUSINESS
City Administration Department
18. Amendment No. 2 to Agreement with Mayer Brown, LLP for John Van de Kamp to Serve as
Independent Special Counsel.
Recommendation:
A. Find that approval of the proposed amendment 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 Amendment No. 2 to the Agreement between the City of Vernon and Mayer Brown LLP
for John Van de Kamp to serve as Independent Special Counsel for a period one year, effective
February 16, 2017 for an amount not to exceed $100,200.00; and
C. Authorize the City Administrator to sign the proposed amendment in substantially the same form
as submitted herewith.
Human Resources Department
19. Adoption of City of Vernon Personnel Policies and Procedures – Family, Medical, Pregnancy
Disability, and Paid Parental Leave Policy, V-4.
Recommendation:
Items A-C:
A. Find that approval of the proposed action is exempt from California Environmental Quality Act
(“CEQA”) review, because it is an administrative 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.
Regular City Council Meeting Agenda
February 7, 2017
Page 6 of 7
B. Adopt the Personnel Policy and Procedure - Family, Medical, Pregnancy Disability, and Paid
Parental Leave Policy, V-4 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.
Public Works, Water and Development Services Department
20. Acceptance of Electrical Easement for 4214 East 26th Street – Burlington Northern 7 Santa Fe
Railway (BNSF) – (APN: 5243-020-816)
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.
21. Encroachment Agreement No. 424 – BNSF Railway Company / 26th Street
Recommendation:
A. Find that the approval of the subject Encroachment Agreement (the “Agreement”) is exempt under
the California Environmental Quality Act (“CEQA”) because it is an administrative activity that
will not result in any direct or indirect physical changes in the environment, and therefore does not
constitute a “project” as defined by CEQA Guidelines section 15378. Any construction that may
occur under the Agreement in the future in reliance on this approval would be subject to separate
CEQA review at that time when actual details of any physical proposal would be more than
speculative; and
B. Approve Encroachment Agreement No. 424 between the City of Vernon and Burlington Northern
and Santa Fe Railway Company (BNSF); and
C. Authorize the City Administrator to execute Agreement No. 424 between the City of Vernon and
BNSF.
ORAL REPORTS
22. City Administrator Reports – brief reports on activities and other brief announcements by the City
Administrator and Department Heads.
Regular City Council Meeting Agenda
February 7, 2017
Page 7 of 7
23. City Council Reports – brief AB1234 reports, or report on: activities, announcements, or directives to
staff.
CLOSED SESSION
24. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION(3)
Government Code Section 54956.9 (a)
(A) Jerrick Torres and Lyndon Ong Yiu vs. City of Vernon, et al.
Los Angeles Superior Court, Case No. BC620265
(B) Bruce V. Malkenhorst, Sr. v. CalPERS, City of Vernon
Los Angeles Superior Court, Case No. BS159589
(C) Los Angeles Unified School District v. County of Los Angeles, et al.
Los Angeles Superior Court, Case No. BS108180 and Related Cases (BS13798;
BS127286; BS130308)
25. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
Government Code Section 54957
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 2nd day of February 2017.
By: ________________________________
Maria E. Ayala, CMC
City Clerk
RECEIVED
JAN -? O 2OT7
CITY /\D I'J III ISTRATI ON
srAFF REPoRT t( z-t-'t
GAS & ELECTRIC DEPARTMENT
DATE:
TO:
FROM:
RE:
February 7, 2017
Honorable Mayor and CitY Council
Kelly Nguyen, Director of Gas & Electric Department
Originator: Jessica Balandran, Administrative Analyst 4u"
Public Hearing of an Ordinance Amending Section 30.8 of the Vernon
Municipal Code and Rule 18 of the City of vernon Rutes for Electric Services
to Clarify the Prohibition on Private Sale/Resale of Electricity
Recommendation
A. Find that the ordinance amendment to Section 30.8 of the Vemon Municipal Code
referenced in this staff report is exempt under the Califomia Environmental Quality Act
(.CEeA) review, becauie it is a continuing administrative activiry that will not result in
ait""t-o. indirect physical changes in the environment, and therefore does not constitute a
"project" as defined by CEQA Guidelines section 15378; and
B. Conduct a Public Hearing; and
C. Approve the hrst reading, and adopt at a subsequent meeting, an ordinance amending
Siction 30.8 of Article tr of Chaptei 30 of the Vemon Municipal Code and Rule No. l8
of the City of Vemon Rules foi Electric Service to clarifu the prohibition on private
sale/resale of electriciry.
Backsround
The Gas and Electric Department promotes new clean vehicle technology. vemon businesses
have begun or may begin to instali electric vehicle charging stations on their premises for the
benefit Jf their .,,,ploy."r, guests, and/or customers. ln an effort to clarify and authorize certain
new technologie., 'rrr"h
^ ilectric vehicle charging services, staff has identified language that
does not adeq:uately regulate third parties' ability to sell or re-sell electricity initially sold and
provided by the City.
Page I of2
It is therefore, recommended that Section 30.8 of Article II of Chapter 30 of the Vemon
Municipal Code, and Rule No. 18 of the City of Vemon Rules for Electric Service be amended
as set forth in the ordinance and in Exhibit A attached thereto.
Fiscel Imoact
None.
Attachment(s)
I . Published Notice of Public Hearing
2. Proposed Amended Ordinance (Redlined)
Page 2 of 2
City of Vernon
DATE &
TIME:
SUBJECTS:
REQUEST:
REVIEW OF
TIIE FILE:
PROPOSED
CEQA
FINDING:
4305 Santa Fe Avenue
Vernon, CA 90058
(323) 583-881r
NOTICE OF PUBLIC HEARING
The City Council of the City ofVernon will conduct two public hearings, which you may attend'
PLACE:Vernon City Hall
City Council Chambers
4305 Santa Fe Avenue
Vemon, CA 90058
Tuesday, February 7, 2017 at 9:00 a.m.
(or as soon thereaftet as the matter can be heard)
Public hearing ofan ordinance amending Section 30.8 of Article II ofChapter
30 of the Vernln Municipal Code and Rule No. lE of the City of Vernon Rules
for Electric Service to chrtfy the prohibition on privrte sale/resale of
electricity.
Atl parties are invited to be present and to submit stalements orally or in w ting
before or during the applicable public hearing.
Subject documents arc available for inspection by the public at Vernon City Hall'
City Clerk Department, 4305 Santa Fe Avenue, Vemon, Califomia 90058'
Monday througlr Thursday, T:00 a.m. to 5:30 p.m and on the City's website at:
Staffplans to recommend that the Vernon City Council determine that the
proposals will not have a significant effect on the environnenl and are exempt
from the Califomia Environmental Qualily Act (CEQA)
Ifyou desire to challeogc the actions takcn by the city council or any portion thereof in court' 1_oultav be
limited to raising only those issues you or roln"on" else raised at the applicable hearing described in this
notice or in written correspondence delivered to the Ciry of Vemon during' or before' the hearing'
Americans with Disabilities Act (ADA): In compliance with ADA, if you need Special assistance to
participate in the meeting, please contact the Office ofthe City Clerk at (323) 583-8811'
Theheanngmaybecontinuedoradjoumedorcalcelledandrescheduledtoastatedtimeandplacewithout
firthel official notice ofthe public hearings.
of Gas & Electric
ORDINN{CE NO. L239
AN ORDINANCE OF THE CITY COUNCIL OF T}IE CITY OF
VERNON AMENDING (A) SECTION 30.8 OF ARTTCLE II OF
CHAPTER 30 OF THE VERNON MIINf CI PAL CODE; AND (B)
RULE NO. 18 OF THE CITY OF VERNON RIILES FOR
ELECTRIC SERVICE TO CLARIFY THE PROHIBITION ON
PRIVATE SAIE/ RESAIE OF ELECTRTCITY
WHEREAS, the City of vernon (the ucity') is a municipal
corporation and a chartered city of the SEate of California organized
and existsing under its Charler and che ConstituEion of Ehe StaE,e of
California; and
WHEREAS, pursuant to Article XI, Section 9, of tshe California
Constitution, the City operatses iEs own electric systsem and has the
authority tso make rules and regulatsions therefor; and
WHEREAS, the City adopEed those rules promulgatsed by EnergY
Services, Inc., a su-bsidiary of Southern California Edison Company,
which operaued the vernon Electric System until itss conEract expired in
1989; and
WHEREAS, said ru1es, which incorporaEed provisions pertaining
to southern California Edison Company and the California Publ-ic
Utilities Commission, have been revised from time tso lime in order to
meeE the unique needs of vernon EfecEric System custsomers; and
WHEREAS, with the advenE of new clean vehicle Eechnology,
vernon businesses have begun or may begin to install electric vehicle
charging stations on tsheir premises for Ehe benefit of their employees,
guests and/or cusEomers; and
WHEREAS, such charging stations use the City's electricity
generated or provided by the Vernon Electric System; and
WHEREAS, the City desires to regulaue any third party's
ability to selt or re-sell such electricity.
THE CITY COUNCIL
SECTION l-: The
city clerk, shall attest and certify to the
and shall- cause Ehis ordinance and the ciEy
Clerk's, certification to be entered in the
OF THE CITY OF VERNON HEREBY ORDAINS:
City Council of the CiEy of Vernon hereby
finds and determines that. al-I of Ehe foregoing recitals are true and
correct.
SECTION 2: The City Council of the City of Vernon hereby
amends (A) SecEion 30.8 of ArEicle ff of Chapter 30 of the Vernon
Municipal Code; and (B) RuIe No. L8 of the City of Vernon Rules for
El-ecEric Service, as set forth in Exhibit A which is attached hereto
and incorporaCed by reference.
SECTION 3: Any ordinance or parts of ordinances in conflict
with this Ordinance are hereby repealed.
SECTION 4: SeverabiliEy. If any chapter, article, section,
subsection, subdivision, paragraph, sentence, clause, phrase, or word
in this Ordinance or any part thereof is for any reason held to be
unconst.itutional or invalid or ineffective by any court of competsents
jurisdiction, such decision sha11 noE affecE the validitsy or
effectiveness of Ehe remaining portions of Ehis ordinance or any parE
Ehereof. The City Council hereby declares Ehac it would have adopted
chis ordinance and each chapEer, arEicle, section, subsect.ion,
sul:division, paragraph, sentsence, clause or phrase thereof,
irrespective of the facc that any one or more chapEers, arcicl-es,
sections, subsections, subdivisions, paragraphs, sentences, clauses,
phrases or words be declared unconstitutional, or invalid, or
ineffective.
SECTION 5: Book of Ordinances. The City Cl-erk, or Deputy
adopEion of t.his ordinance
Cl-erk's, or Deputsy City
Book of ordinances of Ehe
2
Council of this City. The City Clerk, or Depucy CiEy C1erk, sha11
cause Ehis ordinance Eo be published or posted as required by ]aw.
SECTION 6: Effective Date. This ordinance shall go intso
effect and be in fuII force and effects aL !2;01 a.m. on the thirty-
firsts (31sts) day after its passage.
APPROVED AND ADOPTED this day of 20
Name :
Title: t'4.ayor / Mayor Pro-Tem
ATTEST:
cicy Clerk / DepuEy City Clerk
APPROVED AS TO FORM:
Brian Byun, Deputy Cit.y AEtorney
3
STATE OF CAIIFORNIA ))ss
COTINTY OF LOS ANGELES )
I,, City clerk / Deputy City Clerk of t.he City
of vernon, do hereby cert.ify that the foregoing Ordinance, being
ordinance No. 1239 was duly and regnrlarly introduced aE a regular
meeting of the City Council of the City of vernon, held in che CiEy of
Vernon on Tuesday, February 7, 2017, and Ehereafter adopced at a
meeting of said City Councit held on Tuesday,
f ol lowing vot.e :
, by the
AYES:
NOES:
ABSENT:
the City of Vernon.
Executed Ehis _ day of
( SEAL )
Councilmembers:
Councilmembers:
Councilmembers:
And thereafter was duly signed by the Mayor or Mayor Pro-Tem of
, 20 , at vernon, California.
ciEy Clerk / Deputy CiE.y Clerk
4
EXIIIBIT A
E:EITIBIT 'iA"
CHAPTER 30
VernoD Blectrlc Sy8tem
ttt
Article II
Rulea for Blectrlc Service
t*t
gectsLoa 30.8. Adoptloa of Rulee.
The rules for electric service for the vernon Electric Systemshall consist of t.he following nunbered rules which are made a part
hereof by reference :
RU1E NO. 1: DEFINITTONS
Rule No. 2.. DESCRIPTION OF SERVICE
Rule No. 3: APPLICATION FOR SERVICE
RuIe No. 4t coNTRAcTs
RUIE NO. 5: SPECIAI INFORMATION REQUIRED ON FORMS
RUIE NO. 6: ESTABLISIIMEIIT A}ID REESTABLISH}4ENT OF CREDIT
RuIe No. 7: PREPAYMEvIS
Rule No. 8: NOTfCES
Rule No . 9 .. PRESEhITATION AND PAYMEX\IT OF BILLS
RUIE NO. 10: DISPUTED BILLS
RUIE NO. 1].: DISCOITTINUANCE AND RESTORATION OF SERVICE
Rule No . 12 : RATES AND OPTIOI.IAL R ATES
RUIE NO. ],3: TEMPOR,ARY SERVICE
RU1E NO. 14: SHORTAGE OF SI'PPLY AND INTERRUPTION OF DELIVERY
RUIE NO. 15: LINE EXTENSIONS
Rule No. 15: SERVICE CONNECTIONS AND FACILITIES ON
CI'STOMER'S PREMISES
Rule No. 17:
Rule No. 18:
METER TESTS AND ADJUSTMMIT OF BILLS FOR METER
ERROR
SUPPLY TO SEPAXATE
GENERATION; AND USE
OTHERS
PREMISES ; -TRANSMISSION AND
BY OR SAIE OR RE-SALE B+-TO
***
CITY OF VBRNON
UTI LITIBS DBPARIIdEIIT
RI'LBS POR BIJBETRIC SBRVICB
itt
Rule No. 18 : SUPPIJY TO SBPANATB PREIiTISBS, TRN{SI,IISSION ATID GENBRATION;
AND USB BY OR SALB OR RE-SAI,E B*-TO OTBBRS
A. Separate ueterlag. Separate Premises $riII not be supplied through
the same MeEer, except as may be specifically provided for in the
applicable RaEe Schedule.
B. other lrsea or PreDlses. ElecEricity received from the city shall
not be used by the Customer upon other Premises or for other
purposes than those specified in its application or in Ehe
applicable Rate Schedule.
C. Transnlsslon and ceaeratioa. IE shall be unlawful for anv person
or entiEy, other than Ehe City, Eo conduct, transmit, generaEe,
or produce any electrical energ'y or power, in or outside the City
for use, distribution, or sale wit.hin t.he city, SubjecE to
subparagraph D below, this prohibition shall not apply to a city
electrical customer' s use of electric energy or power that. it.
generates on-siEe from distributed generation.
€=D. Ose@ btF-to Others. A Customer shall not
charge for electriciEy
frem Ehe eiEy _and ^lecEric vehicle (Ev) charging sEat. ionsire-r*sed
Fso€heri-, except:
1. If the charge to EenanEs is absorbed in the rental for the
Premises or space occupied; or
ff the Customer is Ehe owner, lessee, or operaEor of a
mulE.ip1e-occupancy Premises and provides submeters for the
electsriciEy used by tenants at the same raEes E.hat. the City
would charge for t.he service if supplied directly. In such
cases, the CusEomer shall furnish, install, mainEain and
test the srilcmeters; or
2.
3.
in his/her sound discretion, permits the Customer in
writing to charge for the purpose of recouping capital
costs; buE under no circumsE@
generating a profit.
The customer agrees to allow Ehe ciEy Eo audit the
Customer's books and records at reasonable periodic
inEervals (to be mutual l
of the f
REGEIVED
JAN 3 0 2017
CITY ADMII{TSTRATI()NSTAFF REPORT
FIRE DEPARTMENT @ q+l1 .
DATE:
TO:
FROM:
RE:
February 7, 2017
Honorable Mayor and City Council
Bruce K. English, Fire Cfief @Originator: Adriana Ramos, FiX Administrative Analyst
Badge Presentation Ceremony
Recommendation
Fire Chief, Bruce K. English, to present badge and recognition to the Fire Departrnent's newly
promoted Fire Captain, Bryan Dome.
Backqround
Every two years the Fire Departrnent conducts an intemal written and practical examination for
the position of Fire Captain in order to establish a promotional list. A position recently became
available for the rank of Fire Captain. Based on the promotional list created, it was determined
that Fire Engineer Bryan Dome be promoted to the Fire Captain position.
Fiscal Imoact
None.
Attachment(s)
None.
Page I of 1
e0
$s{
REEEIVED
FEB 0l 20t7
CITY ADMINISTRATION
h z-z-ttSTAFF REPORT
GAS & ELECTRIC DEPARTMENT
DATE:
TO:
FROM:
RE:
February 7, 2017
Ilonorable Mayor and City Council
Kelly Nguyen, Director of Gas & Electric Department *O ? d
Originator: Todd Dusenberry, Utilities Operations Manager
Storm Outage Mutual Assistance
Presentation by Gas & Electric Department staff on the assistance provided by VG&E and
Petrelli Electric to Pacific Gas & Electric Company (PG&E) during the recent storm events.
Backsround
On Monday lamary 23, 2017 at l'.00 p.m., Petrelli Electric crews working on behalf of VG&E
arrived at the PG&E Bakersfield Service Center to provide electric overhead distribution system
restoration support in the southemmost portion of the PG&E service territory. This assistance
was executed in response to a forma[ request from Cecile Pinto, PG&E Emergency Preparedness
Manager and Evermary Hickey, PG&E Emergency Preparedness Director at 9:30 p.m. on
Sunday, January 22nd.
The PG&E service territory stretches from Bakersfield in the south to Shasta and Humbolt in the
north, near the Oregon border. PG&E's vast footprint requires support from other investor
owned and publicly owned utilities when severe weather events impact the central and northem
parts of the state. As both utilities are signatories to the Califomia Utilities Emergency
Association (CUEA) mutual assistance agreement, VG&E was able to provide assistance and
utilize the agreement as a means to receive full reimbursement for all expenses incurred by
VG&E.
Of the t2 Sourhem Califomia Public Power Authority (SCPPA) utilities that participate in the
SCPPA murual assistance program, only Imperial krigation District and vG&E were prepared to
send crews in response to the Sunday request. VG&E currently serves as the Chair of the SCPPA
mutual assistance working grouP.
The 5 man Petrelli crew provided support and overhead restoration service in the Bakersfield
area on Monday, January 23d. Upon iiporting to the service center on Tuesday, January, 24th,
rhe Petrelli crew was demobilized as the weather was subsiding and PG&E restoration efforts
were progressing swiftly. They rerumed to the City Hall Yard at l:52 p.m. The Petrelli crew
responded in a very timely manner and represented the City admirably under adverse conditions.
VG&E administration was pleased to provide assistance during this emergency and feels
confident that should a major event impact Vemon that PG&E crews would promptly rerum the
favor.
Fiscal Imoact
None.
Attachment
l. Pacific Gas & Electric Company (PG&E) Formal Request for Assistance
z I eage
Pacifc Gas and Elcdric Company
P O Box 770000
San Francbco, CA 94177-1490
January 2L,2OL7
City of Vernon Light & Power
Attention: Mr. Todd Dusenberry
Re: Formal Request for Assistance
Dear Mr. Dusenberry,
ln recognition of the personnel, material, equipment, supplies and/or tools being sent to us by
City of Vernon Light & Power in response to a request for mutual assistance made by Pacific
Gas and Electric company on lanuary 21, zo!7 , we agree to be bound by the principles noted in
the California Utilities Emergency Association Mutual Assistancg Agreement (Electric and
Natural Gas).
Brief description of request:
PG&E is requesting Overhead Distribution Crews for the lntensified Wind Event
Voltages: 4, 72, 77, 2l ku
lf you have any questions or concernt please reach out to me, PG&E'S prlmary mutual
assistance contact, at 415-271.8072 or Cecile Pinto at 415.264.5700.
Director, Emergency Preparedness and Response Support
Pacific Gas and Electric ComPanY
77 Beale Street 828R, San Francisco, CA 94105
Office 415-973-33aa / Cell 415.27L.AO72
emho@pqe.com
@20'12 Pacific Gas and Elecfic Company All rEhts reserved.
REEEi\IEE
JAN t 9 20t7
CITY ADMINISTRATION
@zaqSTAFF REPORT
PUBLIC WORKS, WATER & DEVELOPMENT SERVICES
DEPARTMENT
DATE:
TO:
FROM:
February 7, 2017
elopment Services
i
lorRE
Recommendetion
Receive and file a presentation by the Los Angeles County Metropolitan Transportation
Authority (Metro) staff on the status of the Metro Active Transportation Rail to River Corridor
Project
Beckground
Over the past few years, Metro has been plaruring the Active Transportation Rail to River
Corridor Project, which is envisioned to convert an existing underutilized railroad righrof-way
(ROW) into a multi-purpose mnsportation corridor from the City of Inglewood in the westem
end to the Los Angeles fuver in the eastem end, subsequently, passing through the City of
Vemon. The Active Transportation Rail to River Corridor will span up to 10.6 miles. Upon
completion, the corridor will link neighborhoods, schools, employment centers and other key
destinations through the heart of South Los Angeles. Most notably, the project will facilitate the
following:
o New east-west pedestrian and bicycle linkagesr Connections to multiple Metro and municipal bus lines along Slauson Avenue and
Randolph Streeto Connect travelers to three major north-south Metro transit lineso Metro Blue Lineo Silver Line Bus Rapid Transit Line
o Future CrenshadlAX Transit Projecto Enhancements upon the existing Los Angeles Counry bicycle network
Ultimately, the Metro Active Transportation Rail to River Corridor Project will provide a
pedestrian and bicycle corridor that will connect the cities of Los Angeles, Inglewood,
Huntington Park, Vemon, Maywood, Bell and parts of unincorporated Los Angeles County.
Since the Project area is largely composed of a mix of high-density neighborhoods, commercial
centers and industrial uses, the Active Transportation project will provide an active
transportation facility that will connect residents and workers to transit, jobs, schools, shopping
districts, and parks.
Over the past six months, Metro staff has been conducting a public outreach campaign where the
public has had an opportunity to receive project updates, express concems, express needs, and
provide recommendations. As part of this outreach effort, it is appropriate for Metro to present
the proposed project to the Vemon City Council. Metro staff has already presented the project to
the Vemon Chamber of Commerce and in the funue could possibly present it to the Green
Vemon Commission, as the project will not only help reduce greenhouse emissions in the region,
but it will also benefit the population that commute to the City of Vemon to work via bicycle.
Fiscsl Imoact
There is no fiscal impact associated with receiving a presentation.
Attachment
None.
Page 2 of 2
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s\\{STAFF REPORT
CITY ADMINISTRATION
DATE:
TO:
FROM:
RE:
February 7' 2017
Honorable Mayor and City Council
Carlos R Fandino Jr.' City Administrator
Originator: Diana Figueroa, Administrative Analyst
N L'za t
Ratification of Mayor's Appointment of Legislative Representative to Serve
on the Vernon CoTnmUNITY Fund Grant Committee
Recommendation
A. Find that the appointment of an eligible individual to serve on the Vemon CommUNITY
Fund Grant committee is exempt from califomia Environmental Quality Act c'cEQA")
review, because it is an administrative action 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. Ratiry the Mayor's appointnent of Julia Juarez to serve on the Vemon CommUNITY
Fund Grant Committee to fitt an unexpired term in a Legislative Representative Seat until
the term expires on June 30, 2018.
Background
The vemon commuNITY Fund ("vcF") was established to provide grants that beneht the
Vemon community to charitable and govemmental entities for projects in the "Vemon Area,"
which includes the cities of Vemon, Maywood, Bell, Huntington Park, and Commerce, the area
within the City of Los Angeles known as Boyle Heights, and the unincorporated area known as
East Los angeles. The Vemon CommUNITY Fund is the fulfillment of one of the key elements
ofthe City's good governance reforms.
on February 4,2014 the city council adopted ordinance No. 1218 and established the vemon
commUNITY Fund Grant Committee ("committee") to provide basic guidelines and
operational procedures for the review of grant applications and award of grants from the VCF'
Tie Committee is comprised of seven members and must include: One (l) person who
represents an owner or operator of a business located in Vemon; two (2) persons representing
mimbers of the Califomia Legislature with districts that include at least a portion of the Vemon
Area; three (3) persons that;ide or work in the Vemon Area; and one (1) c,rrent member of
Page I of2
the vemon city council. Terms for committee members are for a period of two years (July 1 to
June 30).
Lesislative Representative Seat
on or about December 20,2016, Committee Member Lawrence cooper notified city staff that
he was resigning from his position on the Vemon CommUNITY Fund Grant Committee due to
his acceptance of another position in the State Senate, and his consequential exodus from Senator
Lara's office. In light of his premature departure, staff contacted Senator Lara's office to
determine if an altemate staff member would be available to serve on the Committee in place of
Mr. Cooper. Senator Lara recommended District Director Julia Juarez to serve as a member of
the Committee, and official communication from his office notirying the City of this
recommendation was provided.
In the event that any Grant Committee member resigns, the Mayor shall select for ratification by
a majority of the City Council, a successor with the same qualifications to serve the unexpired
t..., p*ru-t to Section 2.160(c) of the Vemon Municipal Code. As such, the Mayor has
selected Julia Juarez, District Director for Senator Lar4 to complete the current term of
committee Member Lawrence cooper. The term for this seat will expire June 30, 2018.
Next Steos
The vemon commuNITY Fund Grant committee meets quarterly at l0:00am on the third
Wednesday in the months of February, May, August and November. Upon the City Council's
ratification of the appointment of the new Committee member, the City Clerk will administer the
Oath of Office as neces.*y, prior to their participation in a Vemon CommLJNITY Fund Grant
Committee meeting. City staff will also schedule an orientation and/or training session as
required or appropriate.
Fiscal Imoact
There is no cost associated with the appointment of an individual to serve on the Vemon
CommL-INITY Fund Grant Commiuee.
Attachment(s)
I . Official Recommendation for Julia Juarez from Senator Lara
Page 2 of 2
Califnrtria Statr Senate
SENATOR
RICARDO LARA
lanuary 26- 2017
Maria E. Ayala, MPA. CMC
City Clerk
City of Vemon
Offrce of the City Clerk
4305 Santa Fe Avenue
Vemon. CA 90058
Dear Ms. Ayala.
I am honorcd and privileged to work with you on lhe Vernon CommUNITY Fund Grant
Committee. I look forward to working with you and the other members of the board in advancing
the vision and mission ofthe organization.
I would like to formally request that Julia Svetlana Juarez my District Director. be allowed to
serve as my designee. Anached for your review is a short biography of Julia and her relevant
work experience.
If you have any questions regarding my requesl or ifyou requirc additional information, please
feel free to call me directly or contact Erika Contreras, my Chief of Staff, at (916) 6514033. In
closing, I thank you in advance for your consideration of my request.
Sincerely.
RICARDO LARA
Senator. 33'd District
CAPITOL OFFICE SIATE CAPITOL ROOM 5O5o. SACRAMENTO CA 958!4 . tEL 19161 651-4033 . F^x ,916' 651 4933
otsrRtcI oFFtcE 3939 ATLANTTC AVENUE SrrrTE r07 . LONG BEACH CA 9(,407 . rEL.562' 2:t6.7921 . FAx r562' 25€ 999!
DlsTRrcT oFFrcE 6550 M|LES AVENUE zNO FLOOFT. HUNTTNGTON PARK CA 90?55. rEL'323' 211-156{Ja^' i323t Z7'r.152e
Julia Svetlana Juarez
Julia Svetlana Juarez serves as District Director for State Senator Ricardo Lara.
Ms. Juarez's passion for service has manifested through more than 20 years of
experience working with elected officials and nonprofit organizations throughout the
State of California. A graduate of the Hispanas Organized for Political Equality
(HOPE) Leadership lnstitute, she knows first-hand the power of collaboration and
servant leadership. Prior to becoming District Director for State Senator Ricardo
Lara, she was Director of the Southern California Region of the Hispanic
Scholarship Fund, where she raised more than $2 million new funds for scholarships
for local students pursuing a higher education. She found her calling while working
as Press Secretary for Former Assembly Speaker Fabian Nff,e2, where she worked
on Spanish language media outreach as well as working with local nonprofit
organizations to fill the service gap of in the 46thAssembly District. Ms. Juarez's
community service has included serving as a board member of the Lynwood
Education Foundation where she helps to raise funds to improve the quali$ of
education in the district. ln her free time, Ms. Juarez volunteers her time consulting
with nonprofit organizations on issues of communications, fundraising and
programming. Ms. Juarez holds Bachelor of Arts degrees in English Literature and
Political Science as well as a Master's Degree in Leadership and Organizational
Studies.
REGETVED
JAN 3 0 201?
C\TY ADMII\ISlRATION
FTREDEPARTMENT $ z'zn\
4305 Santa Fe Avenue, Vemon, Califomia 90058
Telephone (323) 5838811 Fax (323) 82G7407
January 30,2017
Honorable Mayor and City Council
City of Vernon
Honorable Members:
Auached is a copy of the vemon Fire Department Activity Report which covers the period of
January 1,2017 through January 15,2017.
Respectfully Submiued,
9*,tf4
Bruce K. English
Fire Chief
BKE:ar
: Fireletnow
lE 4c fusht e $ I n[us trit t
VERNON FIRE DEPARTMENT
COMPANY ACTIVITIES
January 1, 2017 to January 15,2011
This Period [ast Year
Last Year To Date
ACTTVITY TYPE
FIRE PREVENTION:
Regular Inspections (#) :
Re-Inspections (#):
Spec. Haz. lnspections (#):
Total Inspections:
Total Man Hours:
TRAININGGOURS):
Firefighting
Hazardous Materials
Safety
Apparatus Operations
Equipment Operations
CPR
First Aid
Total Hours:
PRE-INCIDENT fiOURS):
Planning
District Familiarization
Total Hours:
PERIODIC TEST (HOURS):
Hose Testing
Pump Tesing
l9
l8
)
13
0
l5
35
l0
6
3
l0
6
3
97
45
128
128
131
2
38
97
45
128
128
l3l
2
38
569
71
36
r27
r23
rt2
0
l9
490
19
85
ffis
Period
2
l3
0
15
35
72
80
152
This Year
To Date
569
73
36
127
123
tt2
0
l9
490
84
82
166
0
0
84
82
72
80
0
0
0
0
0
0
152t66
Total Hours:
Page I
PUBLIC SERVICE PROGRAMS fiOl]RS)
School Progmms
Fire Brigades
Emergency Preparedness
Total Hours:
ROUTINE MAINTENANCE fiOURS):
Station
Apparatus
Equipment
Total Hours:
Grand Total Hours:
:Fireactivity
0
0
6
6
124
125
134
383
0
0
6
6
124
125
134
383
3
4
23
30
128
133
138
399
3
4
23
30
128
133
138
399
1103 1103 1145
Page 2
REOEIVED
JAt{ 3 0 2017
CITY ADMINISIRATION
G z-z-t1STAFF REPORT
VERNON POLICE DEPARTMENT
DATE:
TO:
FROM:
RE:
February 7,2017
Honorable Mayor and City Council
Daniel Calleros, Police Chief 0?
Automatic License Plate Recopition Data Integration Services Agreement
Recommendation
A. Find that granting authority to execute the referenced agreernent is exempt from Califomia
Environmental Quality Act C'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'lroject" as defined by CEQA Guidelines section 15378;
and
B. Authorize the Police Chief to execute an agreement for a three year term with Vigilant
Solutions, in substantially the same form as submitted herewit[ for data integration and
participation in a nationwide law enforcement data access service program.
Background
Automated License Plate Recogrition (ALPR) is a technology that is rapidly growing because of
its effectiveness in assisting law enforcernent to solve crimes that would otherwise go unsolved.
It is a tool that enhances law enforcement ability to keep their communities safe. ALPR involves
the use ofspecial cameras and software that recogrizes a license plate, captures an image ofthe
license plate, and interprets and converts the characters of the license plate into data that may be
used for investigative purposes. Data capture is achieved through either a mobile vehicle
platform or through a fixed site location. The licerse plate information is automatically analyzed
through various law enforcernent databases.
All of the data captured by the ALPR systerns is archived for a set period of time and shared
amongst participating law enforcement agencies, allowing law enforcement to provide
information on suspect vehicles to other law enforcement entities. Suspects who are committing
crimes are frequently mobile and target more than one community.
Page I of2
The Vernon Police Department (VPD) is seeking to enter into an agreement with Vigilant
Solutions to integrate VPD ALPR data into a Law Enforcernent Archival Reporting Network
(LEARN) server. Importing VPD data into the LEARN server will enhance data mining and
analyical capabilities. Vigilant Solutions is offering this service at no cost for a three (3) year
period to law enforcement entities that desire to access the nationwide law enforcernent database.
Determination of this request comes after conducting extensive research into the most
technologically advanced, yet robust system that fit the needs of the VPD. Vigilant Solutions
which uses a proprietary data migration system draws information from law enforcement
agencies throughout the nation. ln addition, Vigilant Solutions also draws data from the private
sector, specifically related to vehicle repossession for a set fee. VPD staff will further evaluate
the need to access ALPR data from the private commercial database.
The VPD currently has vehicle mounted ALPR manufactured by 3M/PIPS as well as fixed site
locations. However, the 3M/PIPS systern does not facilitate access to nationwide ALPR law
enforcernent data and is lacking in the area of customer service as well as technology
advancements. Several Los Angeles County law enforcernent agencies are moving away from
3M/PIPS services given the lack of technology advancernent and ability to search and share
nationwide data.
Vigilant Solutions is currently the only provider of such nationwide data search capabilities and
is a technologically advanced service provider in the area of analyics and vehicle detections.
These analytic tools and access to nationwide data search/share capabilities will provide VPD
personnel geater investigation capabilities.
VPD staffrecommends entering into a three (3) year agreernent with Vigilant Solutions to access
the nationwide law enforcernent database that is being offered at no cost to law enforcement
agencies. Since Vigilant Solutions is currarfly the only provider of such nationwide data search
capabilities with the ability to interface with VPD ALPR dat4 the proposed agreement is exempt
from competitive bidding and selection pursuant to Section 2.17 .12 (A) 2 in the Vernon
Municipal Code which states that contracts for supplies, equipment, or services is available from
only one vendor or for unique services.
Legal staffhas reviewed the Vigilant Solutions agreement and has approved it as to form.
Fiscal Imoact
There is no fiscal impact by the approval of the Vigilant Solutions agresrnent.
Attachment(s)
l. Copy of Vigilant Solutions Agreement
Page 2 of 2
This Agreement is made and entered into effective 201 (the "Effective Date") between
Vigilant Solutions, LLC, a Delaware company ("Vitilant'') and _, an
Originating Agency ldentifier (ORl) credentialed law enforcement agency ("Agency'').
A. Vigilant stores and disseminates to law enforcement agencies license plate recognition ([PR) data as a
valued added component of the Vigilant law enforcement package of LPR equipment and/or software; and
B. ABenry desires to obtain access to Vigilant's Software service and to integrate agency's LPR data into the
Law Enforcement Archival Reporting Network (IEARN) server;
NOW, THEREFORE, in consideration of the mutual agreements contained herein and other Bood and valuable
consideration, the receipt and sufficiency of which is acknowledged by the parties, the parties agree as follows:
Definitions.
(al Confidential lnformation. Refers to any and all (i) rights of Vigilant associated with works of
authorship, including exclusive exploitation rights, copyrights, moral rights and mask work, trademark and trade name
rights and similar rights, trade secrets rights, patents, designs, algorithms and other industrial property rights, other
intellectual and industrial property and proprietary rights of every kind and nature, whether arising by operation of law,
by contract or license, or otherwise; and all registrations, applications, renewals, extensions, combinations, divisions or
reissues of the foregoing; (ii) product specifications, data, know-how, formulae, compositions, processes, designs,
sketches, photographs, graphs, drawings, samples, inventions and ideas, and past, current and planned research and
development; (iii) current and planned manufacturing and distribution methods and processes, customer lists, current
and anticipated customer requirements, price lists, market studies, and business plans; (iv) computer software and
programs (including object code and source code), database technologies, systems, structures, architectures, processes,
improvements, devices, discoveries, concepts, methods, and information of Vigilant; (v) any other information, however
documented, of Vigilant that is a trade secret within the meaning of applicable state trade secret law or under other
applicable law, including but not limited to the LEARN Software Service; (vi) information concerning the business and
affairs of Vigilant (which includes historical financial statements, financial proiections and budgets, historical and projected
sales, capital spending budgets and plans, the names and backgrounds of key personnel, contractors, agents, suppliers
and potentiat suppliers, personnel training techniques and materials, and purchasing methods and techniques, however
documented; and (vii) notes, analysis, compilations, studies, summaries and other material prepared by or for ViBilant
containing or based, in whole or in part, upon any information included in the foregoint.
(bl LEA. Refers to a law enforcement agenc'y.
(c) LEARN Software Service. Refers to a web based (hosted) suite of software applications consisting
of analytical and investlgative software located on a physical database server that also hosts LPR Data.
(dl License Plate Recognition ("LPR"), Refers to the process of utilizing cameras, either stationary or
mou nted on movinB vehicles, to capture and interpret images of vehicle license plates.
(e) LPR Data, Refers to LEA LPR Data.
V**,,on.
VIGILANT SOTUTIONS - tPR DATA INTEGRATION SERVICE PROGRAM
STATE AND LOCAL LAW ENFORCEMENT AGENCY AGREEMENT
er l.C Page 1 of 8
(0
for use by other LEA5.
policy.
GI
\/,,r,-,.,o*Y "", -"".
l-EA LPR Data. Refers to LPR data collected by LEAs and available on the LEARN Software Service
LEA LPR Data is freely available to LEAs at no cost and is Boverned by the contributing LEA'S retention
User. Refers to an individual who is an agent and sworn officer of Agency and who is authorized
by Agency to access the IEARN Software Service on behalf of Agency through login credentials provided by Agency.
Licensed Access to the LEARN Software Service.
(al Grant of License. During the term of this A8reement, Vigilant grants Agency a non-exclusive, non-
transferable right and license to access the LEARN Software Service for use in accordance with the terms of this
Agreement.
(b) Authorized Use. Agenc.y is prohibited from accessinB the LEARN Software Service other than for
law enforcement purposes.
(c) Restrictions on Use of LEARN Software Service. Except as expressly permitted under this
Agreement, Agenry agrees that it shall not, nor will it permit a User or any other party to, without the prior written consent
of Vigilant, (i) copy, duplicate or grant permission to the LEARN Software Service or any part thereof; (ii) create, attempt
to create, or Brant permission to the source program and/or object program associated with the LEARN Software Service;
(iii) decompite, disassemble or reverse engineer any software component of the IEARN Software Service for any reason,
including, without limitation, to develop functionally similar computer software or services; or (iv) modify, alter or delete
any of the copyright notices embedded in or affixed to the copies of any components of the LEARN Software Service.
Agency shall instruct each User to comply with the preceding restrictions.
(d) Third Party Software and Data. lf and to the extent that Vigilant incorporates the software and/or
data of any third party into the I-EARN Software Service, including but not limited to the tEA LPR Data, and use of such
third party software and/or data is not subject to the terms of a license agreement directly between Agency and the third
party licensor, the license of Agency to such third party software and/or data shall be defined and limited by the license
Branted to Vigilant by such third party and the license to the LEARN Software Service granted by Vigilant under this
Agreement. Agency specifically acknowledges that the licensors of such third party software and/or data shall retain all
ownership rights thereto, and Agenc.y agrees that it shall not (i) decompile, disassemble or reverse engineer such third
party software or otherwise use such third party software for any reason except as expressly permitted herein;
(ii) reproduce the data therein for purposes other than those specifically permitted under this Agreement; or (iii) modify,
alter or delete any of the copyright notices embedded in or affixed to such third party software. Agency shall instruct each
User to comply with the preceding restrictions.
(e) Non-Erclusive Licensed Access, Agency acknowledges that the right or ability of Vigilant to
license other third parties to use the LEARN Software Service is not restricted in any manner by this Agreement, and that
it is Vigilant's intentionto license a number of other LEAS to use the LEARN Software Service. Vigilantshall havenoliability
to Agency for any such action.
Other Matters Relating to Access to LEARN Software Service.
(a) Accessibility. The LEARN Software Service, LPR Data and associated analyticaltools are accessible
to LEAS oN[Y and are accessible pursuant to one of the following two methods:
(l) LpR Data lntetration Service. Access to the LEARN Software Service through the LPR Data
lntegration Service allows for available LPR Data to be used at a much deeper level to include partial plate queries, 8eo-
fence queries, and analytic reports such as common plate and possible associate analysis.
ViBilant Solutions - LPR Data lntegration S€rvrce Program Agreementver. 1-0 Page 2 of 8
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(2! Application Programming lnterface (APl). The API access method allows for inteBration
ofthe tPR Data into external third-party analytic tools. The API does NOT provide ownership rights to the LPR Data, only
access during the subscription period. The API is optional, and available only in conjunction with the LPR Data lntegration
Service for an additional fee.
(b) Access to LEA LPR Data. LEA [PR Data is provided as a service to LEAS at no additionalcharge.
(c) Eligibility. Agency shall only authorize individuals who satisfy the eligibility requirements of
"Users" to access the LEARN Software Service. Vigilant in its sole discretion may deny LEARN Software Service access to
any individual based on such person's failure to satisfy such eligibility requirements.
(d) AccountSecurity(AgencyResponsibility).
(U Agency shall be responsible for assigninB an account administrator who in turn will be
responsible for assigning to each of Agency's Users a username and password (one per user account). An unlimited
number of User accounts is provided. Agency will cause the Users to maintain username and password credentials
confidential andwill prevent use ofsuch usernameand password credentials by any unauthorized person(s). Agency shall
notify Vigilant immediately if Agency believes the password of any of its Users has, or may have, been obtained or used
by any unauthorized person(s). ln addition, Agency must notify Vigilant immediately if Agency becomes aware of any
other breach or attempted breach of the security of any of its Users' accounts.
(2) User logins are restricted to agents and sworn officers of the Agency. No User logins may
be provided to agents or officers of other local, state, or Federal LEAs. LPR Data must reside within the LEARN Software
Service and cannot be copied to another system, unless Agency purchases ViBilant's APl.
(e) Data Sharing. Agency at its option may share its LEA LPR Data with similarly situated LEAS who
contract with Vigilant to access the LEARN Software Service (for example, LEAs who share LEA LPR Data with other LEAs).
(fl Subscriptions. LEARN Software Service software applications and LPR Data is available to Agency
and its Users on an a nnual su bscription basis.
Restrictions on Access to LEARN Software Service.
(a) Non Disclosure of Confidential lnformation, Agency and each User will become privy to
Confidential lnformation during the term of this Agreement. Agency acknowledges that a large part of Vigilant's
competitive advantage comes from the collection and analysis of this Confidential lnformation and Agency's use, except
as expressly permitted under this Agreement, and disclosure of any such Confidential lnformation would cause irreparable
damage to Vigilant.
(b) Restrictions. As a result of the sensitive nature of the Confidential lnformation, Agency agrees,
except to the extent expressly permitted under this Agreement, (i) not to use or disclose, directly or indirectly, and not to
permit Users to use or disclose, directly or indirectly, any LPR location information obtained through Agency's access to
the LEARN Software Service or any other Confidential lnformation; (ii) not to download, copy or reproduce any portion of
the LpR Data and other Confidential lnformation; and (iii) not to sell, transfer, license for use or otherwise exploit the LPR
Data and other Confidential lnformation in any way. Additionally, Agenc'y agrees to take all necessary precautions to
protect the Confidential lnformation against its unauthorized use or disclosure and exercise at least the same degree of
care in safeguarding the Confidential lnformation as Agency would wlth Agency's own confidential information and to
promptly advise Vigilant in writing upon learning of any unauthorized use or disclosu re of the Confidential lnformation.
(c) Third Party lnformation. Agency recognizes that ViBilant has received, and in the future will
continue to receive, from LEAS associated with Vigilant their confidential or proprietary information ("Associated Third
party Confidential lnformation"). By way of example, Associated Third Party Confidential lnformation includes LEA LPR
Data. Agency agrees, except to the extent expressly permitted by this A8reement, (i) not to use or to disclose to any
Vigilant Solutions LPR Data Integration Service ProBram Agreement ver- 1.0 Page 3 of I
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person, firm, or corporation any Associated Thlrd Party Confidential lnformation, (ii) not to download, copy, or reproduce
any Associated Third Party Confidential lnformation, and (ili) not to sell, transfer, license for use or otherwise exploit any
Associated Third Party Confidential lnformation. Additionally, Agency agrees to take all necessary precautions to protect
the Associated Third Party Confidential lnformation against its unauthorized use or disclosure and exercise at least the
same degree of care in safeguardinB the Associated Third Party Confidential lnformation as Agency would with Agenoy's
own confidential information and to promptly advise Vigilant in writing upon learning of any unauthorized use or
disclosure of the Associated Third Party Confidential lnformation.
(d) Non-Publication. Agenc.y shall not create, publish, distribute, or permit any written, electronically
transmitted or other form of publicity material that makes reference to the LEARN Software Service or this Agreement
without first submitting the material to Vigilant and receiving written consent from Vigilant thereto. This restriction is
specifically intended to ensure consistency with other media messaging.
(e) Non-Disparagement. Agency agrees not to use proprietary materials or information in any
manner that is disparaging. This prohibition is specifically intended to preclude Agency from cooperating or otherwise
agreeing to allow photographs or screenshots to be taken by any member of the media without the express consent of
Vigilant. Agency also agrees not to voluntarily provide ANY information, including interviews, related to Vigilant, its
products or its services to any member of the media without the express written consent of Vigilant. This provision is
subject to the California Public Records Act.
(0 Manner of Use. Agency must use its account in a manner that demonstrates inteBrity, honesty,
and common sense.
(Cl Survival of Restrictions and Other Related Matters.
(1) Agenc.y shall cause each User to comply with the provisions of this Section 4.
(21 Agency agrees to notify Vigilant immediately upon discovery of any unauthorized use or
disclosure of Confidential lnformation or any other breach of this Section 4 by Agency or any User, and Agency shall
reasonably cooperate with Vigilant to regain possession of the Confidential lnformation, prevent its further unauthorized
use, and othenarise prevent any further breaches of this Section 4.
(31 Agency agrees that a breach or threatened breach by Agency or a User of any covenant
contained in this Section 4 will cause irreparable damage to Vigilant and that Vigilant could not be made whole by
monetary damages. Therefore, Vigilant shall have, in addition to any remedies available at law, the right to seek equitable
relief to enforce this Agreement.
(4) No failure or delay by Vigilant in exercising any rlght, power or privilege hereunder will
operate as a waiver thereol nor will any single or partial exercise of any such riBht, power or privilege preclude any other
or further exercise thereof.
(51 The restrictions set forth in this Section 4 shall survive the termination of this Agreement
for an indefinite period of time.
Term and Termination.
(a)
of this Agreement.
(b)
Vigilant for any reason.
Term. The Term of this Agreement shall be for a term of three (3) years from the Effective Date
Termination.
(11 Agency may terminate this Agreement upon thirty (30) days prior written notice to
(21 Vigilant may terminate this Agreement upon:
(Al a failure on the part of Agency to pay any amount due and payable to Vigilant
under this Agreement within thirty (30) days following receipt of written notice from Vigilant of such failure; or
Page 4 of 8vigila nt Solutions - LPR Data lntegration S€rvrce Program Agreemenlver 1-0
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(Bl a material breach of any other provision of this Agreement by Agency or any User
which remains uncured for thirty (30) days following receipt of written notice from Vigilant of such material breach.
(c) Effect of Termination. Upon termination or expiration of this Agreement for any reason, all
licensed riShts granted in this Agreement will immediately cease to exist and Agency must promptly discontinue all use of
the LEARN Software Service, erase all LPR Data accessed through the LEARN Software Service from its computers, including
l-PR Data transferred to an APl, and return all copies of any related documentation and other materials.
(d) No Refunds. Upon termination of this Agreement for any reason whatsoever, whether by Agency
or Vigilant, Agency shall not be entitled to a refund of the annual subscription fee, or any portion thereof.
5.Miscellaneous.
(a) Notices, Any notice under this Agreement must be written. Notices must be addressed to the
recipient and either (i) hand delivered; (ii) placed in the United States mail, certified, return receipt requested;
(iii) deposited with an overnight delivery service; or (iv) sent via e-mail and followed with a copy sent by overnight delivery
or regular mail, to the address or e-mail address specified below. Any mailed notice is effective three (3) business days
after the date of deposit with the United States Postal Service or the overniBht delivery service, as applicable; all other
notices are effective upon receipt. A failure of the United States Postal Service to return the certified mail receipt to the
dispatcher of such notice will not affect the othenrvise valid posting of notice hereunder.
Vigilant's address for all purposes under this Agreement is:
ViBilant Solutions, t[C
Attn: Steve Cintron
2021 las Positas Court, Suite fl101
Livermore, California 94551
Telephone: 925-398-2079
E-mail: steve.cintron@vigilantsolutions.com
Agenoy's address for all purposes under this Agreement ls:
Attn:
Telephone:
E-mail:
with a copy to:
Holland, Johns & Penny, L.LP.
Attn: MarBaret E. Holland
305 West Seventh Street, Suite 500
Fort Worth, Texas 75102
Telephone: 817-335-1050
E-mail: meh@hipllp.com
Either party may designate another address for this Agreement by giving the other party at least five (5) business days'
advance notice of its address change. A party's attorney may send notices on behalf of that party, but a notice is not
effective against a party if sent only to that party's attorney.
(bl Disclaimer. Vigilant makes no express or implied representations or warranties regarding
Vigilant's equipment, website, online utilities or their performance, availability, functionality, other than a warranty of
Page 5 of 8Vitilant Solutions- LPR Data Integration S€Nice Program Agreement ver 1.0
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merchantability and fitness for the particular purpose of searching for license plate locations in the database and
performing other related analytical functions. Any other implied warranties of merchantability or fitness for a particular
purpose are expressly disclaimed and excluded.
(cl Limitations of tiability. VIGILANT Wltl- NOT BE LIABLE FOR AGENCY'S USE OF THE LPR DATA OR
TEARN SOFTWARE SERVICE APPTICATIONS AND WILL NOT BE LIABIE TO AGENCY UNDER ANY CIRCUMSTANCES WITH
RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT TIABILITY
OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIOENTAL, CONSEQUENTIAI- SPECIAL OR EXEMPLARY
OAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROTITS OR LOST OF
BUSINESS). TO THE EXTENT THE FOREGOING TIMITATION OF LIABITITY IS PROHIBITED OR OTHERWISE UNENFORCEABLE
VILIGANT'S CUMUTATIVE TIABITITY TO AGENCY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHAI.I. NOT EXCEED
s10,000.00.
(d) lndemnification. Agency agrees to indemnify, defend and hold harmless Vigilant and its
employees, representatives, agents, officers, directors, and corporate employees (each, an "lndemnified Party"), against
any and all claims, suits, actions, or other proceedings brought against the lndemnified Party based on or arisinB from any
claim (i) resulting from Agency's or a User/s breach of this Agreement, (ii) that involves any vehicle owned or operated by
Agency, (iii) or any employee or independent contractor hired by Agency or (iv) any and all claims based on Agency's or a
Use/s negligence, recklessness, or intentional act of misconduct.
(el lndependent Contractor Status. Each party will at all times be deemed to be an independent
contractor with respect to the subject matter of this Agreement and nothinB contained in this Agreement will be deemed
or construed in any manner as creating any partnership, joint venture, ioint enterprise, sin8le business enterprise,
employment, agency, fiduciary or other similar relationship.
(fl Assitnment of this Agreement. Agency may not assign its rights or obligations under this
Agreement to any party, without the express written consent of Vigilant.
(C) No Exclusivity. Vigilant may at any time, directly or indirectly, engaBe in similar arrangements
with other parties, including parties which may conduct operations in geographic areas in which Agency operates.
Additionally, Vigilant reserves the right to provide LPR Data to third-party entities for purposes of promotions, marketinB,
business development or any other commercially reasonable reason that Vigilant deems necessary and appropriate.
(h) No Reliance. Agency represents that it has independently evaluated this Agreement and is not
relying on any representation, guarantee, or statement from Vigilant or any other party, other than as expressly set forth
in this Agreement.
(i) Governing Law; Venue. THIS AGREEMENT lS GOVERNED BY AND INTERPRETED lN ACCORDANCE
WITH THE LAWS OF THE STATE OF CAI-IFORNIA WITHOUT REGARD TO CONFLICTS-OF-TAWS PRINCIPLES. THE PARTIES
HERETO CONSENT THAT VENUE OF ANY ACTION BROUGHT UNDER THIS AGREEMENT WILL BE IN LOS ANGETES COUNTY,
CALIFORNIA.
(r) Amendments, Except as otherwise permitted by this Agreement, no amendment to this
Agreement or waiver of any right or obligation created by this ABreement will be effective unless it is in writing and signed
by both parties. Vigilant's waiver of any breach or default will not constitute a waiver of any other or subsequent breach
or default.
(k) Entirety. This Agreement and the Agency's purchase order, setting forth Vi8ilant's LEARN
Software Service being purchased by Agency pursuant to this Agreement and the related product code and subscription
price, represent the entire agreement between the parties and supersede all prior agreements and communications, oral
or written between the parties. Except to the limited extent expressly provided in this Section 5(k), no contrary or
additional terms contained in any purchase order or other communication from Agency will be a part of this Agreement.
(l) Force Majeure, Neither party will be liable for failure to perform or delay in performing any
obligation under this Agreement if nonperformance is caused by an occurrence beyond the reasonable control of such
vigilant Solutions LPR Data lntegration Service ProBram agreement ver 1.0 Page 6 of 8
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party and without its fault or negligence such as acts of God or the public enemy, acts of the Government in either its
sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather,
delays of common carriers, or any other cause beyond the reasonable control of such party.
(ml Severability. lf any provision of this Agreement is held to be invalid, illegal or unenforceable for
any reason, such invalidity, illegality or unenforceability will not affect any other provisions of this Agreement, and this
Agreement will be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
ViBilant Solutions- LPR Data lntegration S€rvice Program Agreementver. 1.0 Page 7 of 8
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lN WITNESS WHEREOF, the parties hereto have executed this Agreement by persons duly authorized as of the
date and year first above written.
Company:
Authorized Agent:
Title:
Date:
Signature:
Agency:
Authorized ASent:
Title:
Date:
SiBnature:
Vigilant Solutions, LLC
Bill Quinlan
Director, Global Sales Operations
[signoturc poge - LPR Doto lntegrotion SeNice
State ond Locol Low Enlorcement Agency Agrcementl
Vigilant Solutions- LPR Data lntegration Servre Program Agreement ver- 1.0 Page 8 of 8
DEPARTMENT
DATE:
TO:
FROM:
February 7, 2017
Honorable Mavor and Citv Councilat
Derek Wieske,Airector of Public Works, Water and Development Services
Department
Originator: Felix Velasco, Assistant En*neer /i/
Acceptance of work related to Contract No. CS-0602 - Rehabilitation
Improvements of 4323 Furlong Place from St. George Groupe, Inc,
RE:
Recommendation
A. Find that the acceptance of work related to the Capital Improvement Project is
categorically exempt under the Califomia Environmental Quality Act (CEQA) in
accordance with CEQA Cuidelines Section 15301, Existing Facilities, part (a), because
the project is merely to make interior or exterior alterations involving partitions,
plumbing, and electrical conveyances; and
B. Accept the work of St. George Groupe, Inc. as related to City Contract No. CS-0602 -
Rehabilitation Improvements of 4323 Furlong Place, and authorize staff to submit the
Notice of Completion for the project to the County of Los Angeles Recorder's Office.
Backsround
The renovation of City housing units is part of the City's Five Year Capital Improvement Plan to
improve existing city building facilities. The remodel project consisted of refiubishing and
remodeling of approximately 1,300 square feet of residential space in the City owned single
family dwelling located at 4323 Furlong Place.
On March 17,2016, the Public Works, Water and Development Services Department advertised
the notice inviting sealed, competitive bids for the renovations of the house located at 4323
Frnlong Place. The notice inviting bids was posted on the City's website and published in the
Vemon Sun newspaper, and was also advertised in the following construction related websites:
Bid America Bidboard Constnrction Contract Advertising, McGraw-Hill Construction, Reed
Construction Data and Bid Clerk. The specifications included the standard terms and conditions
for the contract that had been approved by the City Council. The bids for Contract No. CS-0602,
City Housing Improvements, were received and opened on April13,2016. On May 17,2016,the
City Council awarded the City Contract No. CS-0602 Rehabilitation Improvements of 4323
Furlong Place to St. George Groupe, Inc. for the amount of $119,875. The work has been
completed in accordance with the project plans and specifications. One change order was
approved for $7,785 for to replace the carpet flooring for tile flooring and to install drywall
tlroughout the entire unit. The project has since been completed and it is recommended that the
City Council now accept the work and authorize the recording ofa Notice of Completion for the
project. The Notice of Completion has been approved as to form by the City Attomey's offrce.
Fiscal Imoact
S300,000 has been budgeted in the Fiscal Yeu 2016-2017 to remodel two single family dwelling
units. The low bid amount of $l 19,875, plus the change order of $7,785, is within the budgeted
amount. Therefore, the budgeted amount is sufficient to cover the cost of this project. The
remaining unit is scheduled to be remodeled within the same fiscal year.
Attachment
Notice of Completion
Page 2 of 2
Recordirg R.qucsted By:
City ofVerooll, Public Works, Wsler snd Developmetrt S€rvices Deprrtmetrt
Fcr Wsivcd Pursuatrt To Govt. Codc 6103
Whetr Recordcd Mril To:
City Clcrk
,1305 Srtrts Fc Aventtc
Vernon, CA. 9005E
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
NOTICE OF COMPLETION
NOTICE OF COMPLETION IS HEREBY GIVEN that
l. The City of Vemon, whose address is 4305 Santa Fe Avenue, Vernon, Califomia, as Owner of the public
work of improvement known as the Rehabilitation Improvements of4323 Furlong Place, located on
4323 Furlong Place, Vemon, CA 9005t as improved in accordance with Contract No. CS0602 between
St. George Groupe, Inc. whose address is: 32fi) E. Gausti Road, Suite 155, Ontario, CA 91761 as
CONTRACTOR, and the PUBLIC WORKS, WATER AND DEVELOPMENT SERVICES
DEPARTMENT of the City of Vemon for the following work, to wit:
Furnish all transportation, equipment, materials, labor, supplies and services necessary for the
remodel of approrimately lJ00 square fect of r$idetrtial space within the City-owncd single
family dwelling located at 4323 Furlong Place, Vernon, CA 9005t, as described within the
project specifi cations.
2. Notice is given that the work of Contract No. CS0602, as amended by Ovmer-approved changes, if any,
was accepted on &!,rylJQlz by City Council, provided, however, this notice does not alter the
responsibility ofthe Contractor for any failure to comply with the rcquirements ofthe Contract Documents
including, but not limited to, Contractor's liability for any unaudrorized or non-conforming work and does
not constitute acceptance ofany disputed claims.
This notice is given in accordance with the provisions ofSection 3093 ofthe Civil Code ofthe State of Califomia.
Dated:CITY OF VERNON
BY:
ATTEST:
Maria E. Ayala, City Clerk
Derek Wieske, P.E.
Director of Public Works, Water and Development Services
VERIFICATION
I, Derek Wicskc, Director ofPublic Works. Water and Development Services Depaftnent slate that I am an officer of6c City ofvemon, to
wit: Direcror of Public works. Water and Development Scrvices Deparunent; that I have rEad the foregoing Notict of Completion ud know
llle contcnts therEofand that the sarne is tsuc ofmy own knowledgc, except a5 io the maners which arc theEin sated on information or b€lief, and
as to those mafiels I b€lieve them to be tsue. t declarc under penalty of psrjury under the laws ofthc Shre of Califomia thd thc foregoing is true
and correct Executed in the City of vemon on lhe above staled date.
Approved as to Form:
Hema Patel
City Attomey
Derek Wieske, P.E.
Director of Public Works, Water and Development Services
REEEIVED
FB 02 20fl
CITY ADMIIIISTRATION
DATE:
TO:
FROM:
RE:
STAFF REPORT C& ZA-,1
PUBLIC WORKS, WATER & DEVELOPMENT SERVICES
DEPARTMENT
February 7,2017
Honorable Mayor and City Council
-7rlDerek Wieske, Director of Public Works, Water and Development Services
Department
Acceptance of Work for Contract No. CS-0639 Rehabilitation of l0
Million Gallon Reservoir
Recommendations
A. Find that the acceprance of work related to the Rehabilitation of the l0 Million Gallon
Reservoir Capital Improvement Project is categorically exempt under the California
Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301,
Existing Facilities, part (a), because the project is merely to make interior alterations involving
the cleaning of the existing ten (10) million gallon underground water storage resewoir by
wash down, abrasive blasting, crack sealing, applying epoxy coating on steel piPing, and
removing all debris from the project site; and
B. Accept the work related to City Contract No. CS-0639 - Rehabilitation of l0 Million Gallon
Reservoir Capital Improvement Projec! and authorize staffto submit a Notice of Completion
for the project to the County of los Angeles Recorder's Office'
Backeround
The City owns and operates a ten (10) million gallon underground concrete potable water storage
reservoir known as Reservoir No. l. The resewoir is located at 4305 Vernon Avenue undemeath the
City Hall parking lot. The reservoir is rectangular in shape and measures 210 feet in width, 250 feet
in iength, and 2i feet in height. The reservoir was constructed in 1967 and had never been cleaned
since the construction completion date. Periodic cleaning of City reservoirs serye to improve water
quality and a consultant was hired to prepare plans and specifications for the project.
The bids for Confact No. CS-0639, Rehabilitation of l0 Million Gallon Reservoir Capital
Improvement Project, were received and opened on January 28, 2016. On March 15, 2016 City Council
awarded Conrract No. CS-0639 to Advanced tndustrial Services, Inc. in the amount of$146,900. The
work has been completed in accordance with the project plans and specifications. One change order
was issued for a project total of$23,180 for additional crack sealing and steel work. It is recommended
that the City Council accepts the work and authorize the recording ofa Notice of Completion for the
project. The Notice of Completion has been approved as to form by the City Attorney's office.
Fiscal Imoact
The Deparnnent budgeted a total of 5200,000 for this project. Associated costs for the rehabiliration
include the low bid of$146,900, plus one change order in the amount of$23,180. The total amount ofthe
project is $170,080; well under the budgeted amounr.
Attachment
Notice of Completion
Recording Reqrestcd By:
City ofVernon, Public Works, Watcr and Development Scrvices Dcpartmetrt
Fee Waived Pursusnt To Govt. Code 6103
Whetr Recorded Meil To:
City Clerk
4305 Santa Fc Avetrue
Vernon, CA. 9005E
SPACE ABOVE THIS LINE RESER\'ED FOR RECORDER'S USE
NOTICE OF COMPLETION
NOTICE OF COMPLETION IS HEREBY GIVEN thAt
1. The City of Vemon, whose address is 4305 Santa Fe Avenue, Vemon, California, as Owner ofthe public
work of improvement known as the Rehabilitation of l0 Million Gallon Reservoir' located on 4305
Santa Fe Avenue, Vemon, CA 9005E as improved in accordance with Contract No. CS0639 between
Advanced Industrial Services, Inc. whose address is: ?E3l Alondra Blvd., Paramount' CA 90723 as
CONTRACTOR, and the PUBLIC WORKS, WATER AND DEVELOPMENT SERVICES
DEPARTMENT of the City of Vernon for the following work, to wit:
Furnish all transportation. equipment, materials, labor. supplies and services necessary for the
rehabilitation and clean-up ofa 10,000,000 gallon concrete drinking water storage reservoir,
at 4305 Santa Fe Avenue, Vernon, CA 90058, as described within the project specifications.
2. Notice is given that the work ofcontract No. CS0639, as amended by Owner-approved changes, ifany,
was accepted on tg@A.2.QlZ, by City Councit, provided, however, this notice does not alter the
responsibility ofthe Contractor for any failure to comply with the requirements ofthe Contract Documents
inciuding, but not limited to, Contractor's liability for any unauttorized or non-conforming work and does
not constitute acceptance of any disputed claims.
This notice is given in accordance with the provisions ofsection 3093 ofthe Civil Code ofthe State of California.
Dated:
ATTEST:
CITY OF VERNON
BY:
Maria E. Ayala, City Clerk
Derek Wieske, P.E.
Director of Public Works, Water and Development Services
VERIFICATION
I, Derek Wieske. Director ofPublic Works, Watcr arld Devclopment Services Dcpartmenl state that I am all ofEc€r of the City of Vernorl to
wit: Director of public works. water and Development Services Departmcnq that t havc read the foregoing Notice of Completion ard know
the contents ther€ofand that the samc is true ofmy own knordedge, exccpt as to the matters which are tlercin slated on information or belief, and
as to thos€ matreis I believe them !o be true. I declare under penalty of perjury under rhe laws ofthe Slale of Ca.lifomia that the foregoing is Eue
aJd conect. Executed in the City ofvemon on the above staled date.
Approved as to Form:
Hema Patel
Cit-v Attomey
Derek Wieske, P.E.
Director of Public Works, Water and Development Services
RECEIVED
FEB 0 1 2017
STAFF REPORT ffiYCLERKSOTIIGE
CITY ADMINISTRATION
DATE:
TO:
FROM:
RE:
February 7, 2017
Honorable Mayor and City Council
Carlos R. Fandino Jr., City Administrator Z-?-t1
Originator: Lilia Hernandez, Executive Assistant to the City Administrator
Amendment No.2 to Agreement with Mayer Brown, LLP for John Van de
Kamp to Serve as Independent Special Counsel
B.
Rcconrnrendation
A.Find that approval of,the proposed amendment is exempt 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.
Approve Amendment No. 2 to the Agreement between the City of Vemon and Mayer
Brown LLP for John Van de Kamp to serve as lndependent Special Counsel for a period
one year, effective February 16,2017 for an amount not to exceed S100,200'00.
Authorize the City Administrator to sign the proposed amendment in substantially the
same form as submitted herewith.
C.
Background
John Van de Kamp was originally engaged by the City in February 201l, at the outset of the
good govemance retbrms, to serve as lndependent Ethics Advisor to the City of Vemon for an
initial term of one year. Mr. Van de Kamp was selected, initially and subsequently, by virtue of
his unassailable reputation for ethics and good govemance practices derived from his notable
work as a lawyer and his noted political career as Califomia Attomey General and Los Angeles
County District Attomey. Mr. Van de Kamp's professional attributes and unquestioned integrity
were highly valued by the City and solidly endorsed by Public officials scrutinizing the City.
The scope of the initial engagement with Mr. Van de Kamp included: (l) assessments of and
recommendations regarding ongoing compliance with the Political Reform Act, Govemment
Code Section 1090, Brown Act, Public Records Act, and any other provisions of law goveming
cont'licts of interest and./or transparency in government; and (2) recommendations to the City
reasonably designed to improve and enhance the existing practices, procedures, and policies
Page I of3
goveming contlicts of interest and open govemment of the City, its departments, divisions, and
goveming bodies. The initial agreement also required that Mr. Van de Kamp issue reports of his
findings and recommendations with time in between tbr the City Administrator and City Council
to review and implement, or otherwise respond to, all initial tindings and recommendations.
As many of,the earliest good govemance reforms took shape, a need for a four-year Independent
Retbrm Monitor to observe and continue reporting on and making recommendations related to
the reform process was identified, and ultimately determined and upheld by a landslide vote of
the City's electorate in November 201 l. As a result, the City entered into a new engagement
with Mr. Van de Kamp to serve as the City's Independent Reform Monitor for a period of tbur
years commencing February 15, 2012. The scope of the fbur-year contract mirrored that of the
initial one-year contract, with the additional responsibility of reviewing and making further
recommendations related to recommendations previously submitted as the Independent Ethics
Advisor in July 201l, and to those submitted by Senator Kevin de Leon in August 201l.
On February 16, 2016 the City Council approved a one-year extension to the 2012 four-year
agreement with Mayer Brown LLP that included a new scope and fee schedule, as well as a
change in title for Mr. Van de Kamp to serve as lndependent Special Counsel for a period ofone
year effective February I 6, 2016.
Prooosed New One-Year Extension
With the upcoming expiration of the current extension to the Agreement with Mayer Brown
LLP, stafl is recommending that another one-year extension be granted. The City Administrator
and Mr. Van de Kamp have agreed upon a new one-year extension which is now being proposed
with the tbllowing new scope and fee schedule:
New Scope:
John Van de Kamp is engaged as Independent Special Counsel, to assist the City Administrator
in the following matters:
(l) To prepare Compliance Reports on the status of retbrms and best practices presented in
the Van de Kamp Reports and those recommended by Senator De Le6n, all of which
have been presented to the City, and in so doing, to prepare a list ofcorrective actions tbr
matters found out ofcompliance. Such reports shall also report on business conditions in
Vemon and shall be filed on July 31, 2017 and January I l, 2018'
(2) Such Reports shall be presented to the City Council when received. Van de Kamp, if
requested, shall provide an oral report of his findings following the filing olthe Reports.
(3) The Reports shalt be provided by the City to pubtic otficials representing the City and to
Senator Kevin de Le6n and to others as the City sees fit. The Reports shall be published
on the City's website.
(4) As requested by the City Administrator, Van de Kamp shall review specific proposed
recommendations, oft'er his analysis of them and assist where requested. He shall
Page 2 of 3
recommend to the City Administrator measures and initiatives in the best interests of the
City.
(5) Van de Kamp may employ the services of subcontractors as required and approved by the
City Administrator.
New Fee Schedule:
Flat Monthly Fee: $ 8,350.00
Total Contract Not to Exceed: $100,200.00
The new scope and fee schedule have been incorporated into an amendment to the existing
agreement with Mayer Brown LLP agreement, with all other terms and conditions remaining the
same. The City Attomey's office has reviewed and approved the proposed amendment as to
form.
Mr. Van de Kamp of Mayer Brown LLP has been, and is currently, the only provider of the
services described above, thus the proposed amendment is exempt from competitive bidding and
competitive selection pursuant to Section 2.17.12 (A) 2 of the Vemon Municipal Code which
exempts contracts for supplies, equipment, or services available tiom only one vendor or for
unique services.
Fiscal Impact
The total cost of extending the Agreement with Mayer Brown, LLP for another year is $100,200.
Sufficient funds to bear the costs incurred during the remainder ofthis fiscal year are available in
City Administration's FY 2016-2017 budget. The remaining costs to be incurred in the
subsequent fiscal year will be budgeted accordingly in City Administration's FY 2017-2018
budget.
Attachment(s)l. Amendment No. 2 to Mayer Brown LLP Agreernent
Page 3 of 3
AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN
THE CITY OF VERNON AND MAYER BROWN LLP FOR JOHN VAN DE KAMP TO
SERVE AS INDEPENDENT SPECIAL COUNSEL
This Amendment ("Amendment No. 2") to that certain Agreement for John Van de Kamp
to serve as an Independent Reform Monitor dated May 18, 2012, (the "Agreement"), is made as
of February 16,2017, by and between the City of Vernon, a Califomia charter city and municipal
corporation (the "City"), and Mayer Brown LLP ("Associate Counsel"), a limited liability
partnership.
WHEREAS, the City and Associate Counsel are parties to a written Agreement, as
amended, dated May 18, 2012, under which John Van de Kamp of Associate Counsel has served
as an Independent Reform Monitor and as Independent Special Counsel ("the Ageement"); and
WHEREAS, the City desires to continue to retain the services of John Van de Kamp as
Independent Special Counsel and
WHEREAS, the City and Associate Counsel desire to amend the Agreement to renew the
Agreement effective February 16, 2017, through February 15, 2018, for a total amount not to
exceed $ 100,200.00 for this renewal term and to amend the scope of engagement and fees.
NOW, THEREFORE, the parties to this Amendment No. 2 agree as follows:
l. Effective as of February 16,2017, the total amount for the period of February 16,
2017 through February 15, 2018, shall not exceed a total amount of$100,200.00.
2. Section 2. Scope of Engagem erl is hereby amended as follows:
Scope of Engagement:
John Van de Kamp is engaged as Independent Special Counsel, to assist the City
Administrator in the following matters:
(l) To prepare Compliance Reports on the status of reforms and best practices
presented in the Van de Kamp Reports and those recommended by
Senator De Le6n, all of which have been presented to the City, and in so
doing to prepare a list ofcorrective actions for matters found out of
compliance. Such reports shall also report on business conditions in
Vemon and shall be filed on July 3 I , 2017 and January 3 l, 2018.
(2\ Such Reports shall be presented to the City Council when received. Van
de Kamp, ifrequested, shall provide an oral report of his findings
following the filing of the Reports.
(3) The Reports shall be provided by the City to public officials representing
the Cityand to Senator de Le6n and to others as the City sees fit. The
Reports shall be published on the City's website.
-l-
(4) As requested by the City Administrator, Van de Kamp shall review
specific proposed recommendations, offer his analysis of them and assist
where requested. He shall recommend to the City Administrator measures
and initiatives in the best interests of the City.
(5) Van de Kamp may anploy the services of subcontractors as required and
approved by the City Administrator.
3. Section 4 . Fees, Expenses and Other Charges is hereby amended as follows:
The fee basis for Amendment No. 2 shall be as follows:
Monthly flat fee $8,350.00
Total amount not-to-exceed limit $ 100,200.00
4. Except as expressly modified by this Amendment No. 2, all provisions of the
Agreement shall remain in full force and effect.
5. The provisions of this Amendment No. 2 shall constitute the entire agreement of
the parties with respect to the subject matter included in this Amendment No. I and shall
supersede any other agreement, understanding, or arrangement, whether written or oral, between
the parties with respect to the subject matter of this Amendment No. 2.
6. The person or persons executing this Amendment No. 2 on behalfofeach ofthe
parties warrants and represents that he or she has the authority to execute this Amendment No. 2
on behalfofthat party and has the authority to bind that party to the performance of its
obligations hereunder.
IN WITNESS WHEREOF, the parties have sigred this Amendment No. 2 as of the date
stated in the introductory clause.
ISTGNATURES FOLLOW ON NEXT PACEI
-) -
CITY OF VERNON a Califomia charter city Mayer Brown LLP, a limited liability partnership
and municipal corporation
Carlos R. Fandino, Jr.
City Administrator
ATTEST:
By:
Name:
Title:
Maria E. Ayala, City Clerk
APPROVED AS TO FORM:
Hema Patel, City Attomey
By:
Name:
Title:
-3-
RE,GEIVED
ru012017
STAFF REPORT ION
HUMAN RESOURCES DEPARTM
DATE:
TO:
FROM:
RE:
Medical, Pregnancy Disability, and Paid Parental Leave Policy, V-4
Recommendation
A. Find that approval of the proposed action is exempt from Califomia Environmental
Quality Act ("CEQA) review, because it is an administrative 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 Personnel Policy and Procedure - Family, Medical, Pregnancy
Disability, and Paid Parental Leave Policy, V-4 and incorporate it into the Personnel
Policies and Procedures Manuall and
C. Authorize the City Administrator and the Director of Human Resources to execute and
distribute the above-referenced policy to all employees.
Background
The Human Resources Department is responsible for maintaining and managing the City's
Personnel Policies and Procedures Manual. This policy is being revised to comply with changes
in Federal and Srate of Califomia leave laws as well as to establish City-Paid Parental Leave.
A number of changes have occurred relating to Califomia leave laws since the current City
policy regarding employee leaves was revised in 2015. The changes made to the City policy to
clarify and improve consistency with the Federal Family Medical Leave Act (FMLA) and the
Califomia Family Rights Act (CFRA) are summarized as follows:
In the Policy statement language has been added to clarifu conditions when leave is to be paid
and unpaid. Language has also been added to implement City-Paid Parental Leave.
February 7, 2017
Honorable Mayor and City Council
Michael A. Earl, Director of Human R
Adoption of City of Vernon Person
Page 1 of 2
Under the Family Medical Leave section, language has been revised to clarify the eligibility for
FMLA.
In the California Family Rights Act (CFRA) section of the proposed policy, language has been
added to specify the eligible uses under CFRA, to outline the minimum duration of CFRA leave
for the binh, adoption or foster care placement, and to clarify when CFRA and FMLA will run
concurrently.
The most significant change recommended in the proposed policy is the establishment of City-
paid parental leave. The establishment of paid parental leave for employees has increased
dramatically in the last few years and a number of states in the United States have passed
legislation that provides some form of paid parental leave. In Califomia, paid family leave has
been in existence as pan ofthe State Disability Insurance (SDI) program since 2002. It provides
for partial wage replacement for up to six weeks to employees to care for a family member with
a serious health condition or for the birth, adoption, or foster care placement of a new child.
However, most public agencies, including the City of Vernon, do not participate in the State's
SDI program, and therefore, its employees are not eligible for this program. The City of Vemon
provides voluntary short and long term disability benefits at the employees' cost; these benefits
are provided for disabling health conditions and not for leave relating to such things as baby
bonding.
While less than 20%o of U.S. employers offer paid parental leave according to the Society for
Human Resource Management, the number of employers providing such benefits is increasing.
Employers are doing so, in large part. to be more competitive in attracting and retaining talented
workforces. Many employer-paid parental leave benefits range from 2 weeks to 12 weeks.
The proposed policy will provide up to 6 weeks of paid parental leave. Additional leave beyond
the initial 6 weeks would depend on the amount of available accrued leave the employee has and
any unpaid leave available under other leave laws such as FMLA"/CFRA. Employees would
receive up to their regular rate of pay. The amount paid by the City would be offset if the
employee participates in and is receiving any other paid benefits available such as voluntary
disability leave.
Fiscal Imoact
The costs associated with implementing this policy will be incurred from establishing City-paid
Parental Leave. The actual cost of implementing such a policy will depend on the number of
City employees taking advantage of this policy on an annual basis and their individual salaries.
thi cosis will also vary from year to year also based on usage. At a minimum, it is estimated
that implementation of a paid parental leave policy will cost approximately $5,700 per year per
employie based on an employee's rate of pay at the lower levels of the City's compensation
schldule. The cost for an employee at the higher compensation levels is estimated at S34,500
per employee.
Attachment(s)
l. Family, Medical, Pregnancy Disability, and Paid Parental Leave Policy, V-4
Page 2 of 2
City of Vemon, Califomia
Human Resources Policies and Procedures
Director of Human Resources
City Administrator
Number: !!L Efective Date: t)l+5i2+t-5
PARENTAL LEAVE POLICY
PURPOSE:
To define the City of Vemon's policy and procedure with regard to family, medical, an4pregnancy
disability leave, and Citv paid oarental leave. in accordance with State and Federal laws including
the Family and Medical Leave Act (FMLA), Califomia Family Rights Act (CFRA), and the
Disability Leave (PDL) provisions of the Califomia Fair Employment and Housing Act
(FEHA}
DEFINITIONS:3
Soouse - A husband or wife, as defined or recognized under state law for purposes of maniage.
Domestic Partners - Two adults in a domestic partnership registered with the State of Califomia
and pursuant to Family Code section 297.
Child - A biological, adopted or foster child, a stepchild, a legal ward (guardianship or
conservatorship), or a child of a person standing in lom parentis. A child must be under 18 years
Although pregnancy disability is a serious health condition under the FMLA, FEHA separately provides
for up to 4 monihs of unpaid leave for a pregnancy disability (PDL). FEHA pregnancy disability leave (PDL)
runs concunently with FMLA leave. This distinction shall apply if necessary to any determinalion of leave
benelits under this policy.
l^/ords used in the policy will have the meaning as assigned to them by the FMLA (29 U.S.C. SS
2il1-26541, the CFRA (California Government Code SS 12945.2 a d 19702.31 and FEHA (California
Government Code S 12%5)
Number [1! Efective Date: q2:)!L]!LE
of age, or if over 18 incapable of self-care because of a mental or physical disability as defined
under law.
Elioible Emolovee - An employee who has been employed by the City of Vemon for at least
twelve months (consecutive or non-@nsecutive) and has worked a minimum of 1,250 hours
during the 12-month period immediately preceding the effective date of a leave request.
Parent - A biological, foster, or adoptive parent, a step-parent, a legal guardian, or other person
who, stood in loa parentis to the employee when the employee was a child.
Health Care Provider - An individual holding either a physician's or a surgeon's certificate issued
pursuant to Business and Professions Code section 2080 et seq., an osteopathic physician's and
surgeon's certificate issued pursuant to Business and Professions Code section 2080 et seq., an
individual duly licensed as a physician, surgeon or osteopathic physician or surgeon in another
state or jurisdiction, including another country, who directly treats or supervises the treatment of
the serious health condition, or any other person who meets the definition of "others capable of
providing health care services" under the FMLA.
Serious Health Conditiona - an illness, injury, impairment, or physical or mental condition that
involves:
1. lnpatient care (an ovemight stay) in a hospital, hospice, or residential health care facility,
including any period of incapacity or any subsequent treatment in connection with such
inpatient care; or
2. Continuing treatment or continuing supervision by a health care provider for a serious health
condition including:
A. A period of incapacity of more than three consecutive calendar days and any subsequent
treatment or period of incapacity relating to the same condition; or
B. A period of incapacity or treatment for such incapacity due to a chronic serious health
condition that requires periodic visits for treatment by a health care provider over an
extended and/or episodic period (e.9. asthma, diabetes, epilepsy), or
C. A period of incapacity which is permanent or long-term due to a condition for which
treatment may not be effective (e.9. Alzheime/s, severe stroke, terminal cancer), or
D. A period of absence to receive multiple treatments foran injury or condition which would
result in incapacity of more than three days if not treated (e.9. chemotherapy or radiation
for cancer, physical therapy for severe arthritis, or dialysis for kidney disease).
Short term conditions requiring only brief treatment and recovery such as the common cold, the
flu, earache, upset stomach, minor ulcers, headaches, routine dental or orthodontia are not
aAlthough pregnancy disability is a serious health condition under the FMLA, the PDA already provides
for 16 weeks of independent leave for pregnancy disability. Pregnancy disability taken as PDA will
concurrently count as FMLA leave, but not as CFRA leave.
Number: P!_ Effec,ive Dare: glH:40+i
"serious health conditions". Voluntary @smetic treatments that are not medically necessary are
not- "serious health conditions" unless inpatient care is required or complications arise.
POLICY:
eligible@famil , medical, preqnancv disabilitv
lea
request has been approved.
For employees not eligible for famil , medical. and/or Citv paid oarental leave, the City of
VernenVemon's General Leave Policy wilI{ake-effeet-andmay be applied based upon reMew of
business considerations and the individual circumstrances in\ol . Determination
will be made by the City Administrator.
Except for those employees designated as "highl/ compensated employees (as defined in
Section 8, subsection 1, infra), employees will be retumed to the same or to an equivalent
position.
gamityGqgfally-laOlly or medical leave will consist of utilizing appropriate accrued paid leave
and unpaid leave. For FMl,{laavesa leave of absence that arels based on anthe employee's own
serious health condition, employees are rcquired to use their accrued leaves heludedlngEdjng but
not limited to paid sick leave first, hen aaypALd:aee!!on-.!eevC.,--Any other accrued leave,
paid in the orderof the employee's choosing.
The remainder of
the leave period will then consist of unpaid leave.
otherwise orovided bv law.
Number : !:!L Efeaive Dak : 0911+llgl5
All employees who meet the applicable time of seMce requirements may be granted family or
medical leave consisting of appropriate accrued paid lea and/or unpaid leavq for a desiqnatedperiodof@ime
leaveswhich is the fe$ew+ng
Familv and Medical Leave
asons.
1) The birth of the employee's child and in order to care for the child.
2) The placement of a child with the employee for adoption or foster care. Foster care
must be by a formal agreement between the foster parent and the State, County, or
licensed foster care placement agency.
3) To care for a spouse, child or parent who has a serious health condition.
4) A serious health condition that renders the employee incapable of performing the
functions of his or her job.
5) Any spouse, son, daughter, or parent of the employee seMng in the regular Armed
Forces (including the National Guard and Reserves) who has been notified of an
impending call to active duty status in support of a contingency operation or
deployment to a foreign country.
6) An eligible employee who is the spouse, son, daughter, parent, or next of kin of aan
Armed Forces service memberwho is undergoing medicaltreatment, recuperation or
therapy for a serious injury or illness sustained in the line of duty while on active duty
is entitled up to 26 weeks of leave in a single 12-month period to care for the service
member. The veteran must have been a member of the Armed Forces (including the
National Guard or Reserves) at any time within five (5) years preceding his or her
treatment for the serious injury or illness. An employee may also take this leave to
care for an active service member or veteran who had a pre-existing injury that is
aggravated while on active duty.
The lowest time increment allowed for intermittent familv and medical leave shall be
consistent with the Citv's oavroll oolicv on accountinq for time worked.
Eligible employees who work less than full time (40 hours perweek) are entitled to utilize
accrued paid leave(s) and will be compensated atthe cunent rate of pay. For example, if
A_
Number: !11 Efective Date: t)!LLL4)+i
an employee works 25 hours per week, his or her leave period will consist of 12 weeks of
25 hours (300 hours).
lf both parents are employed by the City, the combined leave for both employees for the
birth, adoption, foster care placement of their child, or for care of a sick parent, may not
exceed 12 weeks. However, any unused portion of either employee's 12-week entitlement
would still be available for other authorized leave purposes.
B
Califomia Prcqnancv DisabiliW Leave (PDLI
All female employees, regardless of service time, are eligible to take an unpaid leave on
account of a disability caused or contributed to by pregnancy, childbirth, or recovery there
from for a reasonable period of time not to exceed four (4) months. Such leave may be
taken intermittently or used for a reduced work schedule, when medically advisable.
PDL will consist of using accrued paid sick leave. Any other accruals are optional in the
oder of the employee's choosing.
Pregnancy disability leave is separate from family and medical leave. For example, a
female employee may qualify for up to four (4) months of pregnancy disability leave, and
still be eligible for up to twelve (12) weeks of family and medical leave to care for the
newbom child or any other valid use of family and medical leave.
The employee may request a transfer to a less hazardous or strenuous position if she is
capable of working in such a-position even though she is temporarily disabled due to
pregnancy, childbirth, or a related medical condition.
Employees withm ust h ave at least @ of service a+ee+rgiUg+er
tr2-rveek+at the Citv of 1eb-preteeted
leave te-bend +ithfor the fo|lowino specified
reasons:
Birth of child for purooses of bondinq.
Placement of a
For the emolovee's own serious health condition.
Numb*: Y-4 -Efective Date:0911512{}H
The minimum duration for a CFRA leave
increments with durations of less than two
weeks on anv two occasions.
CFM runs concunently with FMLA for a non-pregnancy leave. For a pregnancy leave,
CFRA begins after the pregnancy disability ends, and can be used solely to bond with a
newbom.
@
Citv Paid Parental Leave
ster care.
takinq unoaid leave.
6
Nun ber : !:lL-Efective Date : 09115/2415
eenera++eave-eaiep
+-ENNTLEMENT PERIOD
rom the date leave is taken and continuous with
Leaves for the birth, adoption, or placement of a child must conclude no later than twelve months
after the date of the birth or placement of the child.
OTHER
emonvees not etiol
Vemon's General Leave Policv.
REQUESTING/GRANTING LEAVE
An employee is responsible te-requeslfor requestinq family, medicaland/er, pregnancy disability
leave,. and/or Citv paid parental leave. An employee requesting leave must complete a+
@ Request{e+Fa+ndy{eave Form and retum itto Human Resources
at least 30 days before the leave begins. ln the case of an unforeseen event or incapacitation,
notification must be made by the employee orthe employee's authorized representative to Human
Resources as soon as the need arises and no later than two business days after leave has
commenced. Failure to request leave under this policy may defer or even disqualify requests for
leave depending on the circumstances.
An application for leave based on pregnancy disability, or the serious health condition of the
employee or the employee's spouse, domestic partner, child, or parent, must be accompanied by
a Medical Certification Form completed by the applicable health care provider, except in an
emergency as provided below. All medical information shall be maintained in a confidential
for leave and in conformance with law.
An employee must sufficiently explain the purpose of the leave so that Human Resources can
determine whether it qualifies as famil medical-.leave er, pregnancy disability leave. and/or
Number : !!L Efective Date : 09/15/2+H
Citv oaid oarental leave. This explanation is necessary even if accrued paid leave (e.9. vacation or
sick leave) shall be used concunently with the othemise unpaid leave under this policy.
Employee will have 15 days to provide medical certification othenrvise the FMI-A leave may be
denied.
lf the employee is requesting injured service member leave, the employee must provide
certification of serious injury or illness from Department of Defense or Department of Veterans
Affairs.
lf necessary, any taken leave may be retroactively designated as family and medical leave-e+,
pregnancy disabili leave.
Human Resources shall process the leave request in consultation with the relevant Department
Head and, if necessary, the employee's supervisor. Employees are obligated to minimize
disruption to the workplace as much as possible by, for example, coordinating any medical
appointments with the Department's needs.
4-
CONCURRENT USE OF PAID AND OTHER LEAVE
For FMLA leaves of absence that are based on an employee's own serious health condition, an
employee who has been granted leave under this policy must use concunently, during the
othenryise unpaid leave granted by this policy, his or her accrued leaves, included but not limited
to paid sick leave first' and then aaypaid vacation leave. All other aee+ued-leavqa ccrua ls are
ootronal and in the order of the employee's choosing.
lf the FMLA leave is for one of the other qualifying events, employees are required to use accrued
paid vacation time for any part of a family/medical leave taken for any reason. All other accruals
consistent with aoolicable law and this policv. The accrued paid time runs concurrently with the
family and medical leave. The remainder of the leave period will then consist of unpaid leave.
Such concunent use of paid leave may not contradict provisions of any applicable long or short
term disability policies. Anv leave used underthis policv. where oaid leave is also concunentlv
used. shall count toward the 12-week cao on benefit entitlements discussed below.
A leave of absence taken pursuant to workers' compensation law or a temporary disability benefit
plan (ShorULong Term Disability lnsurance or other) shall also be counted, to the extent that such
leave of absence qualifies, as family and medical leave or pregnancy disability leave under this
8
N un ber : llL Efective Dat e : qtwljJ:
policy and related law.
+-BENEFITS COVERAGE DURING LEAVE
During authorized leave under this policy, an employee will be retained on the Cit/s health plan
under the same conditions that applied before leave commenced. To continue health coverage,
the employee must continue to make any contributions (if any) that they made to the plan before
taking leave; failure to do so may result in loss of coverage.
Additionally, employee will still be responsible for making any payments to the City of Vemon for
any loans that are normally deducted from an employee's paycheck.
An employee's hire date and job entry date will not be adjusted as a result of a paid leave. The
review date for performance and merit salary increases shall be subject to adjustment pursuant to
applicable policy. An employee on paid leave will continue to receive their regular rate of pay, and
accrue sick leave, vacation leave, and holidays at their normal rate;.
There shall be no accumulation of seniority, or eaming of supplemental benefits (such as vacation
or sick leave) made to the employee during a period of unpaid leave of absence, except as
otherwise provided by law. New accruals of sick leave, vacation and holiday credits will be
available to the employee upon reinstatement from an unpaid leave.
O. INTEGRATION WITH WO SATION
Although FMLA leaves of absence are generally unpaid, there are exceptions when an FMLA
leave of absence ovedaps with a leave of absence due to an injury on the job.
A. +=-Public Safety Employees
Eligible Public Safety employees who sustain a work-related injury or illness are entitled to full
pay and full benefit accruals for one full year, if the claim has been accepted as industrial.
Therefore, FMLA leaves of absence do not commence until after a public safety employee
has completely utilized their 1-year statutory leave under Department of Labor Code Section
4850. Upon completion of the one full year of full pay and full benefit accruals, safety
employees shall receive two-thirds of their average weekly eamings (up to the maximum of
califomia's published temporary total disability (TTD) rates) during the period of such
temporary total disability. Eligible public safety employees must use one-third of their accrued
leaves per pay period, including but not limited to paid sick leave first-€nd then anyvq cg11i9 n
oav. All other aee+r*ed leaveaccruals are ootional and in the order of the employee's
choosing, not to exceed 100% of the employee's regular weekly eamings to supplement
temporary total disability benefits. Employees may be eligible for temporary total disability
benefits up to 104 weeks (includes 4850 one year statutory leave)
B. Miscellaneous Employees
Miscellaneous employees who sustain a work-related injury or illness resulting in a serious
health condition will receive a 90-day full salary continuance, and are placed on FMLA
9
Number: V-4 Efecrive Dale:01]oJg.15
concurently with workers' oompensation benefits. Miscellaneous employees are entitled to
accrue paid leaves such as sick and vacation benefits during this time period. Upon
completion of the 90day salary continuance, miscellaneous employees shall receive two-
thirds of their average weekly eamings (up to the maximum of Califomia's published
temporary total disability (TTD) rates) during the period of such temporary total disability.
Employees must use one-third of their accrued leaves per pay period, included but not limited
to paid sick leave first; and then aeyye!e!!9!_pAy-_4 other aeerued-leavqaccruals are
ootional and in the order of the employee's choosing, not to exceed 100% of the employee's
regular weekly eamings to supplement temporary total disability benefits. Employees may be
eligible for temporary total disability benefits up to 104 weeks (includes 90day salary
continuance).
7_UNION/ASSOCIATION DUES
The employee is responsible for maintaining dues to the employee association, if required.
8_REINSTATEMENT
With the exception of those employees designated as "key employees", an employee retuming to
work from leave will be restored to his or her former position orto a position with equivalent pay,
benefits, and other terms and conditions if the employee's position ceases to exist because of
legitimate business reasons unrelated to the leave. A determination as to whether a position is an
"equivalent position" will be made by the City.
The City of Vemon cannot guarantee that an employee will be retumed to his or her originaljob.
The City may refuse to reinstate a "key employee" retuming from family and/or medical leave (but
not from pregnancy disability leave) to the same or a comparable position if all of the following
apply:
1 . The employee is an exempt employee who is among the highest paid 10% of the City's
employees who are employed within 75 miles of the work site at which the employee is
employed.
2. The refusal is necessary to prevent substantial and grievous economic injury to the
employee and the operation of the City.
3. The City notifies the employee of the intent to refuse reinstatement at the time the City
determines the refusal is necessary under subparagraph (2).
4. ln any case in which the leave has already commenced, the City shall give the employeea reasonable opportunity to retum to work following the notice prescribed by
subparagraph (3).
The City may refuse to reinstate an employee for any other reasons permitted under Federal or
State law.
S_RETURN FROM LEAVE
t0
Number: !1!- Efective Dab:eq LiJl4i
An employee on leave is expected to retum to work on the next work day following the last day of
the approved leave period. lf an employee wishes to retum to work prior to the expiration of a
leave, notification must be given to Human Resources at least two (2) working days prior to the
employee's revised retum date.
Before retuming from a leave, the employee must submit to Human Resources a Retum to Work
Medical Leave Certification Form from the health care provider stating that the employee is able to
retum to work. Such release to retum to work must be approved by the City before the employee
may retum to work.
I€_ADDITIONAL LEAVE
Employees who desire leave over and beyond CFRA, FMLA, PDL. and/or PDtQityf aldfelgnlal
Leave, may request additional leave in accordance with the Huma+Reseu+€es , Citv of Vernon's
General Leave Policy. Unless authorized by the City Administrator, leave requests may not
exceed a combined total of one year under the various leave policies.
1{_FAILURE TO RETURN FRO]UI LEAVE
The failure of an employee to retum to work upon the expiration of an authorized leave of absence
may subject the employee to dismissal.
PROCEDURES:
REQUESTING/GRANTING LEAVE
Employee Provides Human Resources with a completed
Leave of Absence Request-fe+ teave Form at
least 30 days prior to the beginning of the leave
or in the case of an unforeseen event, as soon as
possible.
Provides Human Resources with a completed
Medical Certification Form for leave of pregnancy
ll
1.
2._
Human Resources 3.
Num b e r : P!_ Efe c t iv e D a t e : 42xLi 4L'
disability or the serious health condition of the
employee, or the employee's spouse, child, or
parent. For Citv Paid Parental Leave. a copy of
the child's hospital and/or birth certificate or a
copv of the formal aoreement between the foster
parent and the State. Countv. or licensed foster
Upon receipt of the request for leave, notifies the
Department Head or designee that a request for
leave for certain dates has been submitted by the
employee.
Determines if the request for leave meets the
entitlement criteria under this policy and law.
Consults with the Department Head or designee
about any scheduling or other issues related to
the request for leave.
Approves and designates the leave if the request
complies with this policy and law.
lf necessary, makes a preliminary approval and
designation if any requested medical certification
has not yet been received or confirmation is
otherwise pending.
Notifies the employee of the appoval, preliminary
approval, or non-approval of the request for leave
and the underlying reasons.
Notifies the supervisor and the Department Head
or designee of the approval, preliminary appoval,
or lack of approval of the request for leave.
Notifies the supervisor of the Fequ{reiqeiq{lha++he
empbyee eeneu+re*ty req uirements reqardinq
use of paid leave duang-theethen*iseand unpaid
leave.
11. Prepares a Personnel Action Form (PAF)
indicating the effective date of the leave (first
day of leave usage). Feniryands PAF te Human
Reseurees-
l2
4.
5.
6
7.
8.
I
10.
S{rpewiser
Number : I4_:Efective Date : 0t)/l#l),15
Suoervisor 12. Ensures that the employee's time card is codedwith appropriate family, medical---andler.
pregnancy disabili
leave hour types (contact Payoll for specific code
information;.-
13, Prepares a Persennel Aetien Ferm (PAF) plaeing
pai
ferm te Human Reseuree$
Employee {413.Maintains the employee's share of any health
benefit contributions under the same conditions
that applied before leave cpmmenced.
15 14. Maintains union/association dues, if
applicable.
1€15. Remits any appropriate payments in response
to billing advice from the City of Vemon.
RETURNING FROM LEAVE
Employee 1116. Notifies Human Resources that employee will
be retuming to work, but:
a-When retuming prior to the expiration of a
family and/or medical leave, provides Human
Resources at least two (2) work days notice prior
to the retum date.
17 . Provides Human Resources a Medical
Certification Form from the health care provider
stating that the employee is able to retum to work,
if leave was taken for the employee's own serious
illness or for pregnancy disability.
1S18. Determines, in consultation with the Department
Head or designee, and the City Attomey's Office
if necessary, if any required Medical Certification
Form releasing the employee back to work is
sufficient under this policy and law.
l3
Human Resources
Nun b er : llL'Efec tive Date ; 09,1i,J415
2O1 9. Notifies the Department Head or designee of the
date the employees is scheduled to return to
duty.
20 Prepares a Personnel Action Form (PAF)
retuming
he employee to regular status. FeF rards
z.SUpgrvlS@qglgftnent Head 21.Reinstates the employee to their original assigff-
Fn€n+assionment or an assignment substantially
similar on the agreed upon date of retum, unless
the employee's assignment @ased to exist
because of legitimate business reasons unrelated
to the leave.
FA]LURE TO RETURN
Human Resources 322.Notifies the employee, the Department Head or
designee, and the City Attomey's Office if the
employee fails to retum to work after expiration of
an authorized leave and any extensions thereto.
2423.|n consultation with Human Resources and the
City Attomey's Office, considers action pursuant
to Personnel Policy.
Department Head
t4
tr\E\, !- ! lt !-
JAN 3 0 20fl
REPORT
DEVELOPMENT SERVICES
DEPARTMENT
REEEIVED
r0N
Consent
DATE:
TO:
FROM:
RE:
February 7,2017
Honorable Mayor and City Council
Derek Wieske, Director of Public Works, Water and Development
Originator: Vincent A. Rodriguez, Public Works Project Coordina
Acceptance of Electrical Easement for 4214 East 26th Street - Burlington
Northern & Santa Fe Railway (BNSF) - (APN: 5243-020-816)
Recommendations
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 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 alteration
of an existing facility and involves negligible or no expansion of an existing use) and
15061(bX3) (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 stalT report,
and authorize the Mayor to execute the Certificate of Acceptance.
Backsround
The property located at 4214 E. 26th Street has been redeveloped into a railroad storage yard and
an easement is needed for the installation and maintenance of City-owned electrical conduits and
equipment serving the property. The Public Works, Water and Development Services
Departnent has received a fully executed Electrical Easement by BNSF Railway Company
(Assessor's Parcel Number 5243-020-816). The easement has been reviewed and approved by
staff in both the Gas & Electric and Public Works, Water & Development Services Departnents
and has also been approved as to form by the City Attomey's Offrce. It is now recommended that
the City Council accept the easement.
Fiscal Imoact
Acceptance of the proposed electrical easement has no fiscal impact.
Attachments
1 . Electrical Easement
2. Certificate ofAcceptance
0RlGlNAl.
RECORDINC REQUESTED BY
And WHEN RECORDED MAIL TO:
City of Vomoo
43OS Srnta Fc Avcnuc
Vcrnoo, CA 90058
Alh: City Clo*
M,,IIL TAX STATEMENTS TO:
oocuMltrf^iv TnAIrsFrR T^x rs NoT Rf,qurRED
sEc. |lm ntvENUt I T^x^TtoN coDE
EASEMENT
(ELECTRICAL)
BNSF RAILWAY COMPAI\IY. r Dehw.re Coraonuon (tho tGrrntorrr)
HEREBY GRANTS TO:
CITY OF VERNON, r munlclprl corporrdon (tho "Gr.rt!c")
an oascmcnt for thc purposc of providing clcctricrl sorvlco to he Grmor, which full ircludo,
buf nol bc limitcd to, thc ri8ht to construct, hy, in6trll, urc, maintrin, altcr, ldd to, r€pair,
mplace, inspoct and rcrnow undcrgmund and ovothcad olectric utilities, coosi.lring ofpolc, guys
and anchos, crossorms, wircs, cables, conduiq manholcg vaulc, pull boxes, muters and otha
fixturs etd applisnccs with thc right of ingrcss rnd egress in, on, over, undcr, rcrocs and
through thst certain real property in thc City of Vcrno4 County of l,os Angclcs, Stste of
Califomia, as described in Exhibit "A" an chod hcrrcto aod incorporatcd horoin by this rcferonce,
and as morc prnicularly shown on tho map anrctrod hcrcto as Exhibit "8" and iocorporatcd
horoin by this referooce. This carmont is on a portion oftho propony ownod by the Grantor. Thc
Grantee, and its cmployccs drall havc acccss to said frcilitie ud cvcry p8fi thcrcof, upon
notification to Orantor at all timcs, for tho purposc of ex€rcising thc rights her€in grantcd.
ln case ofrny diryute tising from this cascman, ihc vanuo for any lcgal rctioo will bo strtc or
fodctal court in Los Angclcs County, California. Thie easfirent shrll bc conslrucd in accordrrrco
with Califomia hw, without rugrd to iu cnnllicts of law pdrrciplec; urd rogudlcrs of whcthc
thc disputo sounds in tort or conrrct, tho prevailiry party will bo entitlod to rccuvry of
cxpenses, lnoluding r€asonlblo .ttomoy's fccs, oxpondod in conngction wlth tho action rnd rny
appcal. Thk caromont coosd$rcs tho entir€ rgrechcnt of thr padi€r rolding to tho aubjocl mrtt€r
addrcsscd in this orscmont. This eaoement supencdcs all prior communicrl.ionq conErot!, or
agrcomontr bawcan tho panios with rupcct to the subjoct rnattor of thir crranar, whcthcr ofll
or wrinen.
Date: Ia3eCfk-.i5, 2016 BNSF RAILWAY COMPANy, T Dotrwuc corpootion
By:
Name: Ki
Titlo: Gcnoral Dircctor Rool Estatc
ACKNOWLEDGEMENT
STATE OFTEXAS
COT'NTY OF TARMNT
On tlis--1,S*A aay of December, 2016, before me. appeared Kun Geringer !o me
prsonally known, who beiug by nre duly swom. did say that he is the General
Dircctor Real Estate of BNSF Railway Compaoy, a Delar,r,are corporation, and drat
said instruhent was signcd in behalf of said corporaiion by authority of its tsoard of
Directors, a.rul said rEprEserttative acknowledged said instrumcnt to bc the frce Bct uxl
deed of said corporarion.
IN WITNESS WHEREOF, I have hercunto set my hand and alfixed my
notarial seal at nry office the day and year last obove wri$en.
My commission expircs:
Febnraly 17. 2019
)
)SS
)
CAIHY t t€Xlox
flolry l0 , 553457
My Comdrtion Errk.r
raoru,y t7,20tg
.l{214814460, I
BNSF RAILWAY COMPANY
CERTIFICATE OF ASSTSTAI\IT SECRETARY
I, Joyir E. Slmorons, hcreby ccni! rhar I am an Asrl tra Sccrctrry of BNSF Rrllwry
Compeny ("Compony') which cxccutcd thc Ea.scmenr with an cffetive date of Doccmbcr 16,
2016, botwecn Clty of Vrnon ('Buycr') end the Compeny ("AgrEGmGot"); tlut rhc Coapa45r is
orilnizcd undcr thc laws of the Srstc of Dchwarcl and rhst Kurt Gcrlngcr, who cxccutod said
Agreomcmt is the Gcncrtl Dlnctor Rerl Estrtc of thc Comprny, and hra bccn duly authorized
to gxc,cutc thc Agrccmcnr ud all documonts pcrtlining to rho Agrcsns on bchdf of thc
Company. I hcrcby sttcst that thc signorurc of Kurt Cerlng.r g(nxcd to such Agrcomont is
gcnuine.
IN WITNESS WHEREOF, I havc horcunro scr my hrnd 0nd rlnxcd thc coEorrl3 sal
of thc Comprny, rtris 5ltary ofulfruil1,2ol7.
BNSF RAILWAY COMPANY
lLttrt t Jrnrnt--
Jofie E. dmmonr/
Acrl3t nt Sccrciary
EXHIBIT.'A''
ALL THAT PORTION OF THAT CERTAIN REAL PROPERTY IN THE CITY OF VERNON,
COUNTY OF LOS ANGEI.ES AS GRANTED TO BNSF RAILWAY COMPANY, A DEI.AWARE
CORPORATION PER DOCUMENT NO. 2010{680027 OFFICIAL RECORDS OF SAID COUNTY
MORE PARTICULARLY DESCRIBED AS FOLIOWS:
A STRIP OF LAND 5.OO FEET WIDE LYING 2.50 FEET ON EITHER SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE:
COMMENCING ATA POINT IN THE SOUTHERLY LINE OF EAST 26TH STREET, 60 FEET IN
WIDTH, AS DESCRIBED IN DEED RECORDED IN BOOK 3927 PAGE &}, OFFICIAL RECORDS,
IHENCE SOUTH 6741' EAST THEREON 1258.16 FEET FROM THE CENTERUNE OF
INDIANA STREET, AS DESCRIBED IN DEED RECORDED IN BOOK 3927 PAGE 83, OFFICIAL
RECORDS; IHENCE SOUTH 67"41' EAST ALONG SAID SOUTHERLY STREET UNE 566.52
FEET TO THE TRUE FOINT OF BEGINNIiIG; THENCE SOUTH 22"41'39" WEST 24.36 FEET ,
THE NCE SOUTH 65'4841'' EAST 61.55 FEET TO A POI NT' A".
TOGETHER WITH A STRIP OF IAND 12.00 FEET WIDE, LYING 5,OO FEET ON EITTIER SIDE
OF THE FOLTOWING DESCRIBED CE NTE RUN E:
BEGINNITTIG AT THE ABOVE MENTIONED POINT ,A,, THENCE SOUTH 57"57'53" EAST
17.00 FEET.
ETlrEfl. ASAD{r{T EAST TH snEI
l6trlHsnEr? rnGun
Cil tr lEiln CUt{Ir S 16,t]Ifll Sffil 0f CAffiA
J,E. Miller& Ae=octatze
Crei Etqro*ne - Pl*oq . rrv-qa|*J-..c^,fr,
EXHIBIT "B'
)'--! -\-
orrb- \\
I*- ' '{trt
a
,
-l'o
APN 5243-02G816
EIITE|I EAM{f{D A'I rIH SITEIrcrlHtrEt?mGlof
crn c lEro( ccuflY c rG ar4 srm c Gflxr[A
SCIE l'.O'
J,E , Mrller& Ae=octaLe =Crrl erenEab4 . ?lmrts . arcqts
tit
eDe
,",,,':ffi I':i:il'-?i tli"'3h)f f ,,',,
This is to certity that interests in real property conveyed to or created in lavor of the City of
Vemon by that certain Electrical Easement dated December 15, 2016, executed by Burlington
Northem and Santa Fe Raitway (BNSF), a Delaware Corporation, is hereby accepted by the
undersigned ottlcer on behalfof the City pursuant to the authority conferred by Minute Order by
the City Council of the City of Vemon on February 'l, 2017, and the grantee consents to
recordation thereof by its duly authorized offrcer.
Dated:l0l 7
CITY OF VERNON
WILLIAM "BILL" DAVIS, Mayor
ATTEST:
MARIA E. AYALA, City Clerk
APPROVED AS TO FORM:
BRIAN BYUN, Deputy City Attomey
e0
sN
RECEIVED
JAN 3 0 20t7
CtTY ADMINISTRATION&z'z-,tSTAFF REPORT
PUBLIC WORKS, WATER &DEVELOPMENT SERVICES
DEPARTMENT
DATE:
TO:
FROM:
February 7, 2017
Honorable d City Council
Derek Wie tor of Public Works, Water and Development Services
Department
Originator: Vincent A. Rodriguez, Public Works Project Coordin ,to, {
Encroachment Agreemetrt No. 424 - BNSF Railway Company / 26th StreetRE
Recommendation
A. Find that the approval of the subject Encroachment Agreement (the "Agreement") is
exempt under the California Environmental euality Act (CEeA), because it is an
administrative activity that will not result in any direct or indirect physical changes in the
environment, and therefore does not constitute a "project" as defined by cEeA Guidelines
section 15378. Any construction that may occur under the Agreement in the future in
reliance on this approval would be subject to separate cEeA review at that time when
actual details ofany physical proposal would be more than speculative; and
B. Approve Encroachment Agreement No. 424 between the city of vemon and Burlington
Northem and Santa Fe Railway company (BNSF), in substantially the same form as
submitted herewith; and
c. Authorize the city Administrator to execute Agreement No. 424 between the city of
Vemon and BNSF.
Background
BNSF Company owns certain real property both to the north and to the south ofE. 266 Street, eastofS. Downey Road and west ofS. Indiana Sneet (the "Northem parcel" and.,Southem parcel,"
respectively, and together, the "Parcels"). BNSF desires to connect the parcels with
telecommunications lines and conduits undemeath and across 26ft Street.
Under section 22.33 of the vemon Municipal code, BNSF, as a "utility," is technically required
to "obtain a franchise from the [C]ity in order to construct or maintain any encroachment upon,
above, or under the public street or righrof-way." without such a franchise, .,no application for
an encroachment permit ... will be accepted nor such encroachment permit issued." Upon
discussion with representatives from BNSF and acknowledging that the intent of BNSF's
connection is to only benefit itself and not the public generally, the City agreed to waive the
requirement of a franchise in this instance and instead, the City required BNSF to enter into the
Agreement, which sets forth the several important terms and conditions with respect to BNSF's
project, including but not limited to:
o City Council approval of the Agreement does not preclude the requirement for
BNSF to obtain an encroachment permil from the City in order to commence work
on the Project.o Term of the Agreement is ten (10) years, with one automatic five (5)-year
extension. The Agreement is renewable and negotiable by the parties after the
initial term.o The Agreement grants no property rights, title or interest to BNSF.. BNSF shall pay a Public Right-of-Way use fee of (i) an initial amount of
$12,500.00, and (2) an annual amount of$1,250.00, plus increases proportional to
adjustments to the Consumer Price Index. At BNSF's request and acknowledging
BNSF's longtime presence in Vemon and unlikelihood that it would suddenly leave
the City and abandon its Project, the City waived the bond requirement customary
for other wireless telecommunications companies.. Detailed removal, relocation and abandonment procedures are laid out, as well as
more standard provisions related to default, termination, indemnification, limitation
of liability. and insurance.
The Agreement will allow BNSF to commence work on the Project, which it needs in order to
productively communicate between its two Parcels. The City Attomey's Offrce has reviewed and
approved the Agreement as to form.
Fiscal Impact
As noted above, under the Agreement, BNSF must pay a Public Right-of-Way use fee of (i) an
initial amount of $12,500, and (2) an annual amount of $1,250, plus increases proportional to
adjustrnents to the Consumer Price lndex. Expenses would include stafftime to review and process
BNSF's encroachment permit application.
Attachment
l. Encroachment Agreement No. 424 with BNSF
Page 2 of 2
ENCROACHMENT AGREEMENT NO. 424
ENCROACHMENT AGREEMENT BY AI\D BETWEEN THE CITY OF VERNON ANI)
BNSF RAILWAY COMPANY TOR THE CONSTRUCTION' INSTALLATION'
MAINTENANCE, AND oPERATIoN oF TELECoMMUNICATIoNS FACILITIES
WITHIN THE PUBLIC RIGHT-OF.WAY
This Encroachment Agreement for the Constnrction, Installation, Maintenance and Operation of
Telecommunications Facilities Within the Public Right-of-Way ("Agreement") is entered into
effective as of February 7,20'17 (" Effective Date") between the CITY OF VERNON, a Califomia
chanered City and municipal corporation of the State of Califomia (the "City") and BNSF
Railway Comiany, a Delaware corporation ("Permittee" and together with the City, the "Parties"
and each, a "Party").
RECITALS
WHEREAS, Permittee seeks the city's permission to construct, install, maintain and
operate certain Telecommunications Facilitiesr within the City's Public fught-of-Way at the
location and in the manner set forth in more detail at Exhibit A, which is within the City's limits
(the "Site").
WHEREAS, Permittee is a "utility" as that term is defined in the city's Encroachment
Code.
WHEREAS, as a utility, Permittee is exempted under the Encroachment code from
needing to obtain a license prior to obtaining a Permit, but Permittee is required to obtain a
franchiie for encroachment under Section 22'33 of the Encroachment Code'
WHEREAS, the City, under its Charter and the Constitution of the State of Califomia, has
the inherent authority ro regulate municipal affairs within ils borders, including but not limited to
the terms and conditions for use of the Public Right-of-Way, and, in its discretion, under the
particular circumstances here, has waived the requirement of a franchise agreement and instead
iequires this Agreement to regulate the construction, installation, maintenance' and operation of
Permittee's Telecommunications Facilities in the Public Right-of-Way at the Site'
WHEREAS, the purpose of this Agreement is to provide the general framework within
which Permittee will, among other things, apply for necessary Permits; install, move, maintain,
repair and/or remove Telecommunications Facilities within the Public Right-of-Way at the Site;
and pay a regular Public Right-of-Way Use Fee for the Term of this Agreement.
NOW, THEREFOR-E, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, and in consideration of the recitals and the mutual promises
contained herein, the parties, intending to be legally bound, agree as follows:
I All capitalized terms used but not defined in these Recitals are defined below.
4825-5 t87-6928 2
DEFINITIONS
city - Means the city of vemon, a califomia chartered city and municipal corporation
ofthe State of Califomia, and includes the duly elected or appointed officers, agents, employees,
and volunteers ofthe City ofVemon, individually or collectively.
city Property -- Means any city-owned buildings, land or other property located outside
of the pubiic nignt-of-Way, and any City-owned infrastnrcture located within the Public Right-
of-Way, including, without limitation ulility poles, traffic light poles, wires, fiber-optic strands,
conduit and steet light poles.
Encroachment Code - Means the Code of the City of Vemon, Chapler 22,
Article VI (Encroachments),s,ec.22.28 el seq.,as may be amended from time to time'
Laws -- Means any order, certificate, judicial decision, statute, constitution, ordinance,
resolution, rule, tariff, administrative order, or other requirement ofany municipality, county, state,
federal, or other agency having joint or several jurisdiction over the palties to this Agreement, in
effect either at thc time of execution of this Agreement or at any time during the location of the
Facilities in the Public Right-of-Way at the Site including, without limitation, any regulation or
order of an official entity or body. A reference to "Laws" shall include, without limitation, any
lawful provision of the Vemon Mruricipal Code ("VMC") or any other City ordinance, resolution
or regulation.
Permit -- Means an individual encroachment permit, in substantially the same form as
attached hereto as Exhibit B, obtained by Permittee from the City pursuant to an application filed
in accordance with the requirements of the Encroachment Code and the regular practice of the
Public Works Department. The term does not include permits, agreements or other authorizalions
required to occupy City Property.
permittee -- Means the Permittee named in the Preamble and its lawful successors or
permitted assigns.
Public Right-of-way -- Means the surface, the air space above the surface, and the area
below the surfacJof the public streets, roads, sidewalks, lanes, courts, ways, alleys, boulevards,
and similar places as the same now or may thereafter exist thal are owned or controlled by the
City, are dedicated to the use ofthe general public for street purposes, and are under the j urisdiction
of the City. This term shall not include any property owned by any person or agency other than
the City, except as provided by applicable Laws or pursuant to an agreement between the City and
any person. This term shall not include any City Property'
Public works Department -- Means the city's Public works, water & Development
Services Department.
Site - Means the location in the City where the Telecommunications Facilities are intended
to be installed, as set forth in more specific detail in Exhibit A.
ce2s-sttl, a92s z 2
Telecommunications Facilities or Facilities -- Means, without limitation, antennas, fiber
optic cables, wires, lines, conduits, converters, splice boxes, cabinets, handholes, manholes, vaults,
equipment or facilities, drains, surface location markers, waveguides, poles, towers, conductors,
ducti, conduits, vaults, amplifiers, appliances, pedestals, or other associated conductors,
converters, and related hardwire, appurtenances, and related facilities to be used by Permittee to
provide service or to be located by Permittee in the Public Right-of-Way at the Site and used or be
useful for the transmission of telecommunications data, including but not limited to, audio, video,
and digital information - all as described in more detail in any and all Permits'
l. Limitations and Restrictions of Permit.
l.l Subject to the provisions of this Agreement and all applicable Laws, the city
hereby allows Permittee and its employees, contractors, subcontractors, agents, representatives
and plrmitted assigns to encroach upon the City's Public Right-of-Way at the Site for the
purpLse of construition, installation, maintenance, location, movement, operation, placement,
proi".tior, reconstruction, reinstallation, relocation, removal, repair and replacement of
Telecommunications Facilities as described and shown in any applicable Permit and in Exhibit
A, u,hich by this reference are both incorporated herein (the "Work"). Permittee hereby certifies
that the descriptions and drawings submined to the City to obtain any and all Permits are true,
complete and iccurate. This permission glanted under this Agreement is not a permission to do
any Work except as described in applicable Permits and is subject to the terms and conditions
sei forth in the Encroachment Code including but not limited to the requirement for prior review
and approval of the City of each Permit, and the acceptance hereof shall evidence Permittee's
agreement to all terms and conditions ofsaid Encroachment Code and the additional conditions
contained herein. In the event of a contradiction, conflict or inconsistency between the terms of
the Agreement and any Permit, the terms of the Permit shall govem the Work to be performed
underluch Permit; and the terms of the Agreement shall govem the Parties' relationship after
the Work has been performed.
1.2 Permittee shall not commence any work until Permittee has first obtained a
Permit to do so. Permit applications and accompanying fees must be submitted and paid,
respectively, in accordance with the provisions of the City's policies, procedures, and rules.
1.3 Permittee is hereby given notice of existing state law' Sec. 4216 el seq., Chapler
3.1, Division 5, Title 1 of the Govemment Code, which requires owners of underground
facilities to join a regional notification center, e.& Underground Service Alert-Southem
Califomia, which requires contractors to contact such a regional notification center prior to
excavation; requires facility owners to mark their underground facilities when notified; and sets
civil penalties for failure to comply therewith (as amended, the "USA Law"). Prior to
construction, Permittee shall contact a regional notification center to verifr the location of
existing underground facilities.
1.4 Except as permitted by applicable Laws or this Agreement, in the performance
and exercise of its rights and obligations under this Agreement, Permittee shall not interfere in
any manner with the existence and operation of any and all public and private rights-of-way,
sanitary sewers, water mains, storm drains, gas mains, poles, overhead and underground electric
and telephone wires, streetlamps, traffic signals, cable television, and other telecommunications,
4t25-s tgt .6928 2
roperty without the approval ffected property or
and notwithstanding the fo not, without prior
install any FacilitieJ undem hat runs parallel to
a curb.
1.5 This Agreement is not a gant b
subject and subordinate to the prior and co
Way at the Site and elsewhere in the City
limited to, public use as a street and for the p
protecting, replacing, and removing sanitary gurs malns'
pot.., orlin"ua -d-nnderground eleitric and t gnals, cable
ieleuision, and other utility and municipal use of and with
right ofingress and egress, along, orer, u.toss, and in said Public Right-of-Way. The preceding
,.-nt.n.. shall not be constn:ed to give the City the right to damage or destroy Permittee's
Telecommunications Facilities.
1.6 This Agreement is made subject to all easements, restrictions, conditions,
covenants, encumbraices, and claims of title which may affect the Public Right-of-Way at the
Site which are recorded in the public record or of which the City notifies Permittee in writing
on or before the date of this Agreement, and it is understood that Permittee, at its o\rn cost and
expense, shall obtain such permission as may be necessary and consistent with any other
existing rights. Notwithstanding the foregoing, no reference herein to a "Public Right-of-Way"
shall be deimed to be a representation or guarantee by the City that its interest or other righls
to control the use ofsuch property is sufficient to permit its use for such purposes, and
Permitree shall be deemed to gain only those rights to use as are properly in the City and as the
City may have the undisputed right and power to give.
1.7 The construction, installation, operation, maintenance, and removal of the
Telecommunications Facilities shall be accomplished without cost or expense Io the City subject
to reasonable approval of the City in such a manner as not to endanger personnel or property, or
unreasonably oLitruct travel on any road, walk, or other access thereon within said Public Right-
of-Way.
1.8 Term and Extension. The term of this Agreement shall commence as of the
Effective Date, and shall continue until the earlier of(a) ten (10) years (the "Term") or (b) such
time as the Agreement is terminated by either Party pursuant to the termination procedures set
forth below in Section 6 ofthis Agreement. Not less than thirty (30) days prior to the expiration
ofthe Term (unless earlier terminated pursuant to Section 6), either Party may provide written
notice seeking to re-negotiate any provision of this Agreement or provide written notice to the
other Party oinon-renewal ofthe Agreement. Ifthe Parties are re-negotiating the Agreement in
good faith but cannot come to agreement prior to expiration of the Term, the Agreement shall
ixpire on its own terms unless the Parties agree in writing to extend the Agreement as currently
executed for an additional maximum period ofone hundred eighty (180) days (the "Status Quo
Extended Term"). If negotiations are not concluded and the Parties do not come to terms on a
new agreemenr by the eipiration of the Status Quo Extended Term, the Agreemenl shall expire
and bJ terminated by its o*n terms. If the Parties come to terms on a new agreement prior to
expirarion of the Stitus Quo Extended Term, but the City is unable to obtain City Council
4t25-st814928 2
approval prior to such expiration, the Status Quo Extended Term shall be extended to the date
oi'City Council action onihe new agreement, after which date, if City Council has approved the
new agreement, it shall become effective. Ifneither Party provides written notice seeking to re-
negotiate the Agreement or seeking non-renewal prior to the expiration ofthe Term pursuant to
thJterms ofthiJSection 1.9, the Term ofthe Agreement shall automatically be extended for one
additional period offive (5) years, and all other provisions ofthis Ageement shall remain intact.
2.1 No Right, Title or Interest. The permission granted hereunder shall not in any
event constirute an easement on or an encumbrance against City Property or against the Public
fught-of-Way. No right, title or interest (including franchise interest) in the Public Right-of-
Way at the Site, or any part thereoi shall vest or accrue in Permittee by reason of this Agreement
or the issuance ofany Permit or exercise ofany privilege given thereby'
2.2 Possessory Interest. The Parties agree that no possessory interest is created by this
Agreement. However, to the extent that a possessory interest is deemed created by a
gi,ernmental entity with taxation authority, Permittee acknowledges that City has given to
Fermittee notice pursuant to Califomia Revenue and Taxation Code Section 107'6 that the use
or occupancy ofany public property pursuant to this Agreement may create a possessory interest
which may be subjici to thepayment ofproperty taxes levied upon such interest. Permittee shall
be solely liable for, and shall pay and discharge prior to delinquency, any and all possessory
interact iaxes or other taxes levied against Permittee's right to possession, occupancy, or use of
any public property pursuant to any right of possession, occupancy, or use created by this
Agreement.
3. Pubtic Risht-of-Wav Use Fee.
3.1 In consideration of the city's permission for Permittee to install
Telecommunications Facilities in the Public Right-of-Way and maintain such Facilities in the
Public Right-of-Way for the duration of the Term, Permittee shall pay to City a Public Right-
of-way uie fee in an initial amount of $12,500.00 and $1,250.00 per year, subject to section
3.2, eiery year rhereafter (each, a "Public tught-of-Way Use Fee"). The first Public Right-of-
Way Use Fee shall be due and payable on the Effective Date of this Agteement. A Permit will
not issue until the initial Public Right-of-Way Use Fee is paid in full. Every subsequent Public
Right-of-Way Use Fee shall be due and payable annually on the anniversary date ofthe Effective
Date of the Agreement for each year during the Term.
3.2 The Public fught-of-Way Use Fee shall be increased every three (3) years (each,
an "Adjustment Period") in proponion to the adjustment over the same time to the U S. all items
consumer Price Index for All Urban consumers (cPI-U) for the Los Angeles-orange-fuverside
area, base period 1982-1984, based upon the most recent month ofpublicly available CPI data
available ai of January 3 1 of the year of such increase; provided, however, that any cPI Increase
shall not exceed six percent (6%) of the Public Right-of-way Use Fee per Adjustment Period
(each, a "CPI Increase"). For the avoidance of doubt, should the Parties inadvertently fai I to
apply a CPI Increase at the end of any given Adjustment Period, such shall not be deemed a
No Interests in Ci
4875-51E7 4928 2
waiver by the City ofthat particular CPI Increase, but rather, shall be added to any subsequent
CPI Increase(s).
4. Work Standards: Reoairs.
4.1 The work shall be done in a good and skillful manner, subject to the supervision
and reasonable satisfaction of the City. Permifiee's representative shall be physically present at
any construction sire at all times thai construction or excavation is being conducted under this
Aireement. Permittee's Work shall comply with all standards imposed by City law and be
colnducred with the least possible hindrance or interference to the Public fught-of-Way and City
Property.
4.2 Permittee shall be responsible for any damage to city street pavements, existing
utilities, curbs, gutters, sidewalks or to any private property or improvements, including but not
limited io subsi-<tence, cracking, erosion, collapse, weakening, or loss of lateral support, to the
extent attributable to its installition, maintenance, repair or removal of its Telecommunications
Facilities in the Public Right-of-Way at the Site and shall repair, replace and restore in kind any
such damaged facilities at its sole expense and to the satisfaction ofthe City'
4.3 If the Public Right-of-way to be used by Permittee at the site has preexisting
installation(s) placed in said Public Right-of-Way, Permittee shall assume the responsibility to
verify the location of the preexisting installation and notiff the City and any third party of
Permittee's proposed installation. The cost ofany work required of such third party or the City
to provide adequate space or required clearance to accommodate Permittee's installation shall
be bome solely by Permittee.
4.4 Permittee shall be responsible for ensuring that the work of ils employees,
contractors, subcontractors, agents, representatives and permitted assigns is performed
consistent with this Agreement and with all applicable Laws, and shall be responsible for all
acts or omissions of such third parties including responsibility for promptly corecting acts or
omissions. Perminee shall implement a quality control program to ensure that the Work is
properly performed. This section is not meant to alter tort liability of Permittee to third parties.
5. Removal. Relocation and Abandonment.
5. I Subject to the provisions of this Section 5, Permittee shall at its sole expense and
without cost or expense to the City, properly remove, relocate and/or abandon (in accordance
with Section 5.6) any or all of the Telecommunications Facilities installed, used, and maintained
under this Agreement if and when such Facilities may be deemed by the City to be detrimental
ro the public health, safety, or welfare; are in conflict vertically and/or horizontally with any
proposed City installation; interfere with any City construction project; or must be removed,
relocated and/or abandoned due to any abandonment, change ofgrade, alignment or width ofany
street, sidewalk or other public facility by the City or other public agency, including the
conslruction, maintenance, or operation ofany other City underground or aboveground facilities
including but not limited to any sewer, storm drain, conduits, streetlamps, traffic signals, gas,
water, electric, fiber optic, or other utility system, or pipes owned by the City or any other public
rt25-itt7-692t 2
agency; provided, however, that Permittee shall not be required to bear the expense ofa removal'
relocation or abandonment requested under this Section 5.1 on behalf of, or for the benefit of,
any private party unaffiliated with either Party'
5.2 If Permittee is required to remove and relocate its Facilities pursuant to Section
5.1, the City shall reasonably cooperate with Permittee to determine a mutually acceptable
location on ih. publi" Right-of-Way eilher at the Site or elsewhere in the City where Permittee
may relocate said Facilities. In the event Permittee relocates the Facilities to a new location as
set forth in this Secrion 5.2, the terms of this Agreement will apply to the Work at the relocated
Facilities unless the Parties agree otherwise. Permittee will be required to apply for a new Permit
ro conduct Work to relocate and re-install Facilities in the new location, the approval of which
Permit shall not be uffeasonably withheld. If the removal or relocation is caused by the City,
rhen any Permit fees associated with such application shall be waived.
5.3 If Permittee is required to remove, relocale or abandon its Facilities pursuant to
Secrion 5.1, such removal, relocation or abandonment (in accordance with Section 5.6) shall be
completed within ninety (90) days of written notice delivered by the City unless exigencies
dictate a shorter period for removal, relocation and/or abandonment, and such shorter period is
stated in the written request (the "RRA Notice Period"). The RRA Notice Period shall be no less
than thiny (30) days, subject to permitting and agency approvals'
5 .4 If removal or relocation cannot reasonably be accomplished within the RRA
Notice Period or the Parties agree in writing to a period longer than the RRA Notice Period, then
Permittee shall commence such removal or relocation within the RRA Notice Period and
thereafter continue the same diligently until completion thereof.
5.5 If permiftee has not complied with such wrinen request for removal, relocation or
abandonment within the RRA Notice Period or executed a written agreement to extend the RRA
Notice Period within the RRA Notice Period, then, on the first business day immediately
following the last day of the RRA Notice Period, the City may, without further notice to
Permittee, cause the removal, relocation or abandoning work to be done at Permittee's sole cost
and expense and, in the case ofrelocation, may use its sole discretion to determine a new location
for rhe Facilities. Under such circumstances, the City shall only be obligated to perform such
work in a manner consistent with the standard practices of the City in performing street work
and construction. The City shall not be obligated to repair or replace any materials or
improvements in a form or manner consistent with any applicable Permit or any plans and
specifications submitted by Perminee, and the City shall not be responsible for any damages
whatsoever to Permittee as a result of the city performing such work, unless the city performs
such work in a grossly negligent or reckless manner.
5.6 Ifany portions ofthe Facilities covered under this Agreement are no longer used
by Permittee, or are abandoned for a period in excess ofone (l) year, Permittee shall notifu the
City and shall either promptly vacate and remove the Facilities at its own expense or, with the
City's permission, may abandon some or all the Facilities in place. After such removal or
abandonment, Permittee shall have no further obligations to the City and no further rights to the
4t25-5tt7r928 2
Facilities. Under such circumstances, Permittee shall cooperate in good faith to execute any
documents necessary to convey title to the Facilities to the City.
5.7 In the event Permittee removes, relocates or abandons its Facilities or any portion
thereof, it shall be so completed consislent with all requirements of the VMC, including but not
limited to Encroachment Code sections 22.37 -2 nd 22.77 . Before proceeding with removal or
relocation work, Permittee shall obtain a Permit from the City.
6. Termination. Default and Remedies.
6.1 Permittee may terminate any and all Permits at any time for cause or for no cause
at all, and the City may terminate any and all Permits for cause only, by delivering thirty (30)
days'written notice of said termination to the other Party. Such termination by Permittee shall
noi relieve it of any obligation to the City regarding any existing breach of any Permit or this
Agreement.
6.2 Within ninety (90) days after termination pursuant to Sections 6'1 ot 6'4,
Permittee shall remove its Facilities from the Public Right-of-Way at the Site and repair and
restore such Public Right-of-Way to ameliorate all effects caused by such removal, excepf that
Permittee shall not be iesponsible for damage resulting from normal wear and tear, acts ofGod,
and natural disasters. Notwithstanding such termination, Permittee's obligations under the
following sections of this Agreement shall survive the termination of this Agreement: Sections
5.7 and 6.8.
6.3 In the event that Permittee fails to use the Public Right-of-way under this
Agreement and any Permit for a consecutive period of six (6) months after the Effective Date,
regardless ofwhether such Facilities have been installed or are in the process ofbeing installed,
the City may notify Permittee in writing of its intent to terminate the Ageement and any Permit
due to abandonment. If Permittee does not respond to said notice within thirty (30) days of
delivery, the City shall have the right, at its sole discretion, to declare this Agreement and any
Permil terminated by abandonment.
6.4 In the event Permittee defaults, or fails to keep, fulfill or perform any of the terms
or conditions of this Agreement or any Permit and fails to remedy such default within forty-five
(45) days after delivery of wriften notice from the City ofsuch default or failure, or, ifsuch cure
cannot reasonably be completed within said forty-five (45) days, Permittee fails to commence
such cgre and thereafter diligently continue to cure the default until completion thereof, the City
may provide written notice of termination of this Agreement and any and all Permits. upon
such termination, this Agreement and any and all Permits shall be cancelled, and all ofthe rights
and privileges of Permittee under the Agreement and any Permit shall be deemed surrendered.
6.5 Notwithstanding the notice and cure periods set forth in Sections 5'3, 5.6, 6.3 and
6.4, in the event that the City hnds that the Telecommunications Facilities pose an imminent
threat ro the public health, welfare and safety, the City shall so notiry Permittee in writing and
may, without providing Permittee an opportunity to cure, take immediate steps to mitigate the
threat, including but not limited to removal and relocation ofthe Facilities, the reasonable and
1825-5tt7-6928 2 8
documented cost of such work to be bome solely by Perminee. The Parties agree to attemPt in
good faith to work cooperatively with one another to neutralize and mitigate any tkeat to public
health, welfare and safety caused by or exacerbated by the Facilities'
6.6 Failure on the part of any Party to comply with the terms and conditions of this
Agreement shall constitute a default and material breach of this Agreement. Each Party shall be
.niitl"d to exercise all rights and remedies in the event of a breach, including, in the case ofa
default and material breich by Permittee, the City's right, at its sole discretion' to withhold
issuance ofany new Permits and/or commence administrative enforcement proceedings against
Permittee pusuant to Chapter I of the VMC.
6.7 Upon termination for any reason, the city may require Permittee to remove the
Facilities and reitore the Public Right-of-Way at the Site according to the requirements of the
Permit and the Code. Under such circumstances, sections 5.5 and 5.7 shall apply. If, within
ninety (90) days of termination, the Permittee does not remove the Facilities pursuant to s€ction
o.z, the racitiiies shall be deemed conveyed to the city, and Permittee shall have no further
obligation to remove, relocate, or maintain the Facilities and no further right to control or use
the -Facilities. Upon the Facilities being deemed so conveyed to the City, Permittee .shall
cooperate in good faith to execute any documents necessary to convey title to the Facilities to
the City
6.8 Upon expiration or termination of the Agreement for any reason, Permittee shall
remain liable foiany amounts due and owing to the City under the Agreement, which obligation
to pay shall survive any termination of this Agreement. Anything herein to the contrary
notwithstanding, the prwisions of the Agteement relating to indemnification and any other
provisions which by their nature should survive termination or expiration of this Agreement,
shall so survive.
1 IRESERVEDI.
8. Hold Harmless and Indemnification.
8.1 Permittee, for itself, its agents, contractors and employees shall defend,
indemnify and hold harmless the City, its duly elected and appointed olncels, agents,
employees, and representatives from and against any and all suits and causes of action, claims,
charges, damages, demands, judgnents, fines, costs and expenses including without limitation
reasonable attomeys' fees, and penalties or losses ofany kind or nature whatsoever, arising out
of this Agreement and any related Permit, except to the extent arising from the City's or its
officers', agents', employees' or representatives' negligence, willful misconduct or criminal act.
8.2 This indemnification shall include without limitation: (1) claims for injury to or
death ofany person; (2) property damage; (3) performance or failure to perform the obligations
under this Agleement and any Permit by Permittee, or its contractors, subcontractors, agents,
employees, or other persons acling on Permittee's behalf; (4) the design, placement,
1nui.rt"nun.", repair, or condition ofthe Facilities; (5) all claims, demands, damage, causes of
4825-5t87-692t 2
action, proceedings, loss, liability, costs and expenses (including reasonable attomeys' fees) of
any kini alleginginjury to or death ofpersons or damage to public or private property including
environmental damage that arises from or is directly attributable to, the Facilities or any release,
remediation, and/or clean-up costs caused by any release ofhazardous materials or contaminants
from the Facilities during operations and/or after abandonment; and (6) all other claims ofany
nature whatsoever which may arise directly or indirectly from the Work, except and to the extent
caused by the City's sole negligence, willful misconduct or criminal acts'
8.3 In the event that the city or any of its duly elected or appointed officers, agents,
employees or representatives shall be made a palty to any action due to Permittee's violation of
16;5 Agreement or any Permit or any applicable federal, state or local laws, Permittee shall
indemniry, defend (with legal counsel acceptable to city) and hold the city harmless from any
and all such claims.
8.4 subject to Section 5.5, Permittee, for itselfand its successors and assigns, hereby
waives all claims and causes of action, whether now existing or hereafter arising, against the
City or its duly elected or appointed officers, agents, or employees, for damages, physical or
othirwise, to any ofthe Facilities covered by this Agreement from any cause whatsoever, except
arising out of the sole negligence or willful misconduct of the City's employees or agents.
8.5 The provisions of this section 8 shall apply regardless of whether the city
prepared. supplied, or approved plans or specifications or inspected any of the Work or
imfrovements installed and constructed pursuant to this Agreement and any Permit.
9. Limits of Citv Liabilitv.
g.l Except as set forth in Section 5.5 and under the USA Law, the city shall not be
liable under any thlory to Permittee for any damage to the Facilities caused by any excavation
or work performed by the City at or near the location of the Facilities. Neither Party shall be
liable, under any theory, to the other Palty, fol any indirect, special punitive or consequential
damages including, but not limited to, any claim for loss of services, lost revenue or profits or
third-party damages.
9.2 Nothing in this Agreement shall be deemed to make the city or any offtcer or
employee of the City responsible or liable to Permittee or any other person by reason of the
City's approval ofplans for the Work or by reason ofany inspections ofthe Facilities conducted
by the City, except and to the extent caused by the City's negligence, willful misconduct or
criminal acts.
10, Insurance.
10.1 Permittee shall assume all responsibility for damages to property or injuries to
persons, including accidental death, which may arise from or be caused by Permittee's
perfor-ance undei this Agreement and any Permit, or by anyone Permittee has direclly or
indirectly employed, and whether such damage or injury shall accrue or be discovered before or
4825-5 ttt 4928 1 l0
after termination of this Ageement and Permit except and to the extent caused by the City's
negligence, willful misconduct or criminal acts.
10.2 Prior to the issuance of any Permit, Permittee shall be required to secure and keep
in full force and effect at all times during the term of this Agreement and any Permit, a policy or
policies of commercial general liability, automobile liability insurance and such other insurance
as rhe city may from time to time require, written by a company or companies authorized.to do
business within the State of Califomia and approved by the City, which reasonable approval may
not be withheld. Said policies shall name the City, its duly elected or appointed officers, agents,
and employees as additional insureds, under the policies in the following arnounts which may
be adjustei from time to time to reflect changes of circumstances and the rate of inflation with
permittee's permission:
(a) Commercial General Liability Insurance in an amounl of Two Million
Dollars ($2,000,000) per occulrence combined single limit covering bodily injuries, including
accidental death, to any one or more persons and property damage and
(b) Automobile Liability Insurance endorsed for all owned and non-owned
vehicles with a combined single limit of at least Two Million Dollars ($2'000'000) per
occunence for personal injuries, including accidental death, to any one or more persons; and for
property damage.
10.3 Claims made policies are not acceptable. When an umbrella or excess coverage is
in effect, it must follow the form ofor at least be as broad as the underlying coverage.
10.4 All policies shall contain a "severability of Interest" clause and a "Primary
Coverage" clause flr any loss arising from or caused in whole by Permittee's performance under
this Agleement and any Permit. In addition, all policies shall contain a statement of obligation
on thJ carrier,s part io notify the City at least thirty (30) days in advance of any policy
cancellation by the insurer except for non-payment of premium, of coverage'
10.5 As required by federal law, Permittee shall maintain throughout the term of this
Agreement Federal
'Employers Liability Act coverage for its employees instead of workers
compensation and employer's liability insurance.
10.6 Permittee is allowed to self-insure the above-referenced coverages without the
prior consent of the city. Any self-insured retention or other financial responsibility for claims
shall be covered directly by Permittee in lieu of insurance'
10.7
1l
11.1 Any right or power conferred, or duty imposed upon any officer, employee'
department or commission of the City, shall be subject to transfer by operation of law to any
other offrcer, employee, department or commission of the City.
l l.2 permittee agrees to keep its Telecommunications Facilities and the Public Right-
of-Way at the Site in goJd -d safe iondition and free from any nuisance, to the reasonable
satisfaction of the City.
11.3 The permission to use the Public Right-of-way at the site providtd under this
Agreement and any Permit is non-exclusive. The grant of any Permit or any of the terms or
.o-nditio.r, contain;d herein shall not be construed to prevent the City from granting similar
permits and/or licenses or any identical, similar or othel type of license or franchise to use the
irublic Right-of-Way to any person, firm or corporation other than Permittee.
1 1 .4 This Agreement and any Permit are not intended for any third party's benefit and
cannot be enforced by any third party.
I 1.5 This Agreement and any and all Permits shall be govemed by the laws of the State
of califomia, without regard to its conflict of laws principles. However, nothing in this
Agreement or any and all Fermits shatl be deemed a submission by Permittee to thejurisdiction
of"any state or local body or a waiver ofthe preemptive effect ofany state or federal law.
11.6 This Agreement and any and all Permits issued to Permittee contain the entire
understanding between the Parties with respect to the subject matter herein. There are no
representations, agreements or undersfanding (whether oral or written) between or among the
Parties relating tolhe subject matter of this Agreement that ale not fully expressed herein' This
Agreement miy not be amended except pwsuant to a written instrument sigred by all Parties'
11.7 No provision herein made for the purpose of securing performance of the terms
and conditions oflhis Agreement and any Permit shall be deemed an exclusive remedy, or to
afford the exclusive p.o"ad*. for the enforcement of the Agreement's or any Permit's terms
and conditions, but the remedies and procedures herein provided, in addition to those provided
by law, shall be deemed to be cumulative.
11.8 No rights and duties under this Agreement or any Permit shall be assigned or
delegated by Permiiee without the prior written approval of the City, which approval shall not
be riueasonably withheld. Notwithstanding any provision in this Agreement to the confiary,
Permittee shall have the right to assign this Agreement without the City's consent to any parent'
subsidiary, affiliate, or any person, ir., or "orporution
that shall control, be under the control
of, or be under common control with Permittee, or to any entity into which Permittee. may be
."rg"d o. "onrolidated
or which purchases all or substantially all ofthe assets of Permittee that
are irbject to this Agleement; prorrid"d, ho*"rrer, that in the event ofsuch assignment, Permittee
shall provide within-ttrl.ty (:Ofauyr ofsuch assignment (a) written notice to the City, specifically
iaentiryine (i) th" nun1. ofih. u.rignee; (ii) its corporate form (e.g., corporation, limited liability
.o.p*y,".t".); (iii) its place of incorporation or organization; (iv) the name, title, address,
4t25.5tE7-6928 2 12
telephone number and e-mail address of the appropriate person for notice purPoses if different
from that set forth in Section I I .12 below; and (vi) the assignee's relationship to Permittee; and
(b) a copy of any document memorializing such assignment. To the extent Permittee desires to
*aintuinit " confidentiality of such document, the City will execute a separate confidentiality
agreement.
I I .9 A waiver by the city of any breach of any term, covenant, or condition contained
in this Agreement and any Permit shall not be deemed to be a waiver of any subsequent breach
of the saire or any other ierm, covenant, or condition contained in this Agreement or any other
Permit whether of the same or different character.
I l.l0 Ifany action at law or in equity is brought to enforce or interpret the terms ofthis
Agreement or ofany Permit, the prevailing party shall be entitled to reasonable attorney's fees,
co-sts, and necessary disbursements in addition to any other relief to which such party may be
entitled.
11.11 Ifany one or more ofthe covenanls or agreements or portions thereofprovided in
this Agreemenr or any Permit shall be held by a court of competent jurisdiction in a finaljudicial
action to be void, ,oidubl", or unenforceable, such covenant or covenants, such agleement or
agreements, or such portions thereof shall be null and void and shall be deemed separable from
rhe remaining covenants or agreements or portions thereof and shall in no way affect the validity
or enforceability of the remaining portions of this Agreement or of any Permit'
I I . 12 All notices herein must be in writing and, unless otherwise provided herein, shall
be deemed validly given on the date either personally delivered to the address indicated below,
or on the date ofieceipt if delivered by commercial express carrier (e.g., FedEx, DHL, etc.) as
confirmed by signature of the receiving Party, or on the third (3rd) business day following
deposit, postagJprepaid, using certified mail, retum receipt requested, in any- U-S' Postal
,uilbo* o. ut iny'U.S. Post Office. Should the City or Permittee have a change of address, the
other Party shall immediatety be notified in writing ofsuch change; provided, however,lhat each
address for notice must include a street address and not merely a post office box' All notices,
demands or requests between the Parties shall be given to the other Party addressed as follows:
City:
City of Vemon
Departrnent of Public Works, Water & Development Services
Attn: Derek Wieske, Director
4305 Santa Fe Avenue
Vemon, CA 90058-0805
Phone: (323) 583-8811
Permittee:
BNSF RailwaY
Miguel Palomino
Manager of Engineering
1825-5187'692E 2 l3
740 East Carnegie Drive
San Bemardino, C A. 92408
Phone: 909-841-0040
Email : miguel.palomino@bnsf.com
lsignotures Begin on Next Pagel
4t25-5 r87-692E 2 t4
IN WITNESS WHEREOF, the Parties have signed this Agreement as of the
Effective Date stated in the introductory clause.
City of Vemon, a California charter City BNSF Railway Company, a Delaware
andCatifomiamunicipalcorporation corporation
Carlos Fandino, City Administrator
A'fTEST:
Maria E. Ayala, CitY Clerk
APPROVED AS TO FORM:
Hema Patel, City AttomeY
By:
Name:
Title:
By:
Name:
Title:
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Exhibit B
Form of Encroachment Permit
1t25-51a7 -692t 2
DATE:
CITY OF VERNON
ENCROACHMENT PERMIT APPLICATION
PERMITNO.
ADDRESS/LOCATION OF WORK:
DESCRIPTION OF WORK:
ESTIMATED DATE OF COMMENCEMENT ESTIMATED DATE OF COMPLETION
INSPECTION REQUIRED ON ALL WORIC CALL (323)5E3{8TI EXT. 220 4E HRS BEFORE COMMENCEMENT
PERMANENT RESTORATION COMPLETED BY: E N/A tr Ctfy E PERMITIEE (see back of application)
IMPORTAIYT NOTICE: Scctioo 42161421? of thc Cov. Codc Equfts a Dig A.l€rt ldcEtificatioo No. to bc issud bcforE e 'PGrDit to Excavate" will bc valid- For Scrvic!
Al€it, TOLL FREE l-t00422-4133 TWO worlcng days BEFORE you dig.
DIG AI-ERT NO.STATEMENT OF IIYDEMNIFICATION
PerDitt€e agrccs to itrdeEEiry, defetrd and hold
haflr 6s the City ofvemon aod each officer, agent
aod cmployee thereoffiom any liability or
responsibility for aay accident, loss or dornegc to
persons or prop€rty bappeEing or occurring as a
proximate result of the enqoachmert or coDstrustion
thereof.
Veruon City Codc
Sec. 22.49-1, Permis - I-EdeEnity atrd iDsuraEce
Will this encroachment include trench(es) or excavation(s) offive feet or deeper?
DOSH Permit #
PHONE:EMAIL:
ADDRESS:
YesE NoE
AIPLICAIIT (Nane/Title):
COMPANY:
Hcr*y 6rtas rpplicdioo for r perEit to caclqch in thc public aEt€t itr rccordr[ca vifr thc dtaahcd plan at thc
d6crib.d loc.tioo subjcct b the FovilioEr rcquirEd by ffiiDrEce No. 796 rd tb. 3p.ci6.d rcquirro.oB.
CONTRACIOR:
Signed
Title
EEdorscE at must coqly with elg-QIJ@ggSltEtEE
R€suirEmetrB for Ciw AsrccmcDt!.
VERNON LICENSE No.:
STATE LICENSE No.:
ADDRESS:
E)Q. DATE:
EXP. DATE:
CONTMCTOR S}IALL COMPLY WTIH ATTACHED
NPDES REQUIREMENTS,
CONTACT (Namc/Title):
SIGNED
EMAIL:
E Applicant E coot ""tot E other:
PHONE:
Illlllroca: Applicsa! heEby agEes to ployidc iEsuranca in lhc aEoulB aad forBs &9 &tdEincd by thc Rbk MaDrger. Afplical shtl Flvidc aa €odoEr6cDt uaming thc City ol
v.don, iE officcrs, sld cqloycts as additioDrl iDsurEd und6 tbc gaeral lisbility policy.
THIS IS YOUR PERMIT WHEN SIGNED BY TIIE DIRECTOR OF PTJBLIC WORKS
Irlsurut ce Docunen*: D Submined tr On File Trafic Control Plans: tr Submitted tr MUTCD tr CruTCM El N/A
Construdioa Pbns.' E Submitted tr N/A Shoing Plans by Registered Civil Engiaeer: tr Submitted tr N/A
***A]YY WORI( DONE WITHOUT PROPER INSPECTION WILL BE SUBJECT TO REJECTION ***
PERMIT FEES:
Issuance
Plan Check
Irspection
Reconstruction
Annuat
Add. Plan Check
Other
TOTAL
Security lreposit
0r 1.1043.41m90
0l I. t043.466200
CLEARANCES:
By Date
Admin.
WORX HOURSAIOTES:
E Weekdays E weekend
011.1043.450120 Engineer
011.1043.466210 IDs?ector
0l L 1043.466230 Wat€r
0l l. t 043.ir66200
0l1.1043.450120
Ecash Ecnect *
ol1.230230 Ectrect *
TyPe Namc oD card or chcck
trCC
trCC
APPROVED BY THE DTRECTOR OF PUBLIC WORKS, WATER & DE!'ELOPMENT SERVICES
Derek Wieske, P.E.Date
VOID IF NOT STARTED T\I 90 DAYS OF ISSUA\CE AND CONTINUED TO COMPLETION 2t t6
INSPECTOR'S REPORT
Date work Started Inspector
InspectorDate Completed
ESTIMATE OF STREET REPAIRS
(If the encroachm€nt will disrupUdamrge the street or sidewdlq complete the following)
Sheet Restoration' E By Permittee E ny City Work Order #
A.C. Pavement sq. ft. Coocrete Pavement sq. ft. Sidewalk sq. ft.
Curb & Gutter l.f.
sq.ft.
Monument ea.
Curb Ramp_ea. Driveway- sq. ft.
Curb drain ea. Asphalt, Concret€ & Soil Removal
Trce Removal _ ea. Tree Planting ea.
Other
Date Hours lnspector
INSPECTION RECORD
Description
Comments:
COMPLETION REPORT
Final Inspection Date:Approved by Inspector
NOTES
011.1043.466200
0r 1. rM3.450120
011.1043.466210
0l t.1043.450120
Billing Date:
Total l-nspection Horr. l-l Signature:
ADDITIONAL FEES:
Plan Check
Inspection
Reconstruction
Other
TOTAL
E Completed Date
E voia Reason
By:
By:
Statement of Intert to Comply with Minimun Reouirements of the Stormwater Permit
CITY OF VERNON
PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT
Construction Stormwater Pro grarn
Permit Number:
Applicant
Project Address:
@yOwner:
Contractor:
Contrastor's Ad&$s:
Phone:
Date:
The National Pollutant Discharge Eliminatioo Sysem (NPDES) is a portion of the Clean Warer Act that applies to
the protection of receiving waters. Under permits from the Los Angeles Regional Waer Quality Control Board
(RW@B), certain activities arc subject to RWQCB enforcement. To meet the standards of the Waste Discharge
Requirements for Municipal S€parate Storm Sewer Systern (MS4) Discharges within the Coastal Watershed of Los
Angeles County, Except those Discharges Originating from the City of long Beaoh MS4 (CAS004001), the City of
Vernon has adopted minimum standar& for stormwater runoff from development constuction activities.
These minimum standar6 rcquire the implementation of an effective combinetion of erosion and sedimetrt control
Best Managem€nt Practices @MPs) to prevent erosion and sediment loss, and the discharge of coostuction waste
at each site. At a minimm, the construction activity associated with fte constuction project identified above shall
be conducted in such a manner that:
F Prevents illicit constmction-related discharges of pollutafis into the MS4 and rcceiving waters.
F Implements and maintains strustural and non-stuctural BMPs to rcduce pollutans in stormwater nmoff
from constnrction sites.F Reduces construction site discharges of pollutants to the MS4 to the maximum extent practicable.
> Ptevents consEuction site discharges to the MS4 from 6s6ing or contributing to a violation of waler
quatity standards.
Note: The Stormwater BMP Constuction llandbook sheee dwelqed by the Califomia Stormwarer Quality
Association shall be used as guidanc€ in determining ard implementing required BMPs. The BMP sheets may be
reviewed a the Public Works, Watrr & Development Services Departsnetrt cornter during regular business hours.
A Genera.l Construction Permit shall be obtaine.d and maintained for all construction sites one (1) acre or greater.
Additional conditions may be required for these sites.
I have rcad and rmderstand the requir€m€nts listed above and certif, thd I will comply witt tte minimum
requirements above.
Signature:
Title:
Property Owner:
Prirt Name:
Rw.062014
F
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INST'RANCE SCET'-DULE (CONTRACTOR)
The contractor shall provide proof of insrance, including a standard certificate of insurance, in
at least the following amou s and covemge (combined single limit permitted):
l. Coveraee and Limits
Bodilv Iniury ProDertv Damaee
Hazards EachPerson EachAccident Each Accident
Automobile Liabilitv
Owned Automobiles $500,000 $1,000,000 $500,000
Hired Automobiles $500,000 $1,000,000 $500,000
Non-OwnedAutomobiles $500,000 $1,000,000 $500,000
Workcrs' Compensation $ Statutory
Employers' Liability $1,000,000 per employer
II. Liabilitv
Premises Operations $1,000,000 52,000,000 $1,000,000
Elevators(ifapplicablQ $1,000,000 $2,000,000 $1,000,000
lndepende,trt
Contractors $1,000,000 $2,000,000 $1,000,000
Products - CompletedOperations $1,000,000 $2,000,000 $1,000,000
Contactualliability $1,000,000 $2,000,000 $1,000,000
Umbrella Liability $2,000,000 $2,000,000 $2,000,000
a. The general liability policy shall contain the following special endorsements which shall
be noted on or attached to the standard certificate of insurance:l. An endorsement naming the City of Vernon, its officers, and employees as
insureds under the policy.
2. An endorsement providing the City of Vemon thirty (30) days notice of
cancellation or material reduction of coverage.
3. An endorsement providing coverage for all operaions under the City of Ve.mon
permit atrd speciffing the activities covered
4. Such other e,ndorsement as may be required by addendum heleto.
5. A copy ofyor:r general and umb,rella insuraace policy declarations page.
6. Copy of schedule of forms of endorsem€,nts.
NOTE: Contact City of Vernon, Risk Management at (323) 5E3-8811 with any questions.
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City of Vemon Masfe,r Fee Schedule
DESCRIPTION FEE
PERMIT ISSUAI\CE FEE $ 12s.00
PERMIT INSPECTION AIYD
PLA}TCHE,CKT'EES
RATE
REGUIAR TIME (7:00 AM.-
5:30 P.M.)
$129.000/HR
OVERTIME.FRIDAY,
SATI,JRDAY, ST'NDAY,
HOLIDAYSANDMGHTS (4
HRS.MINIMT]M)
$190.004{R.
ANNUAL PERMIT FEE FOR
ROUTINE MAINTENANCE
(NO STREET CUTS)
$450.00
RECONSTRUCTION FEES
FORWORK COMPLETED
BY CITY
RATE MII{IMUM
ALL OTHERDIRECT COSTS
TO T}IE CITYRESULTING
FROM TTIE PERMITEE'S
ACTTVTTY, CALCULATED
AT ACTUAL COST PLUS 25%
ADM,IMSTRATME COSTS
Page I of 18
City of Vemon Masler Fee Schedule
FRANCHISESATID
LICENSES (TSSUAIYCE &
A.IYIIUAL REI\EWAL)
CONVEYOR BRIDGES, AND
TUNNELS ACROSS A
STREET
PIPELINES ORCONDUTTS
ALONGA STREET
HALF(12)MILEOR
PORTIONTI{EREOF
oNE-HAIF (l/2) MrLE
ORPORfiON
THEREOF
CONDUTTS ACROSS A
STREET ORA METE.RING
MANHOLE IN TIIE STREET
ANDAPPENDAGES,
TRAFTIC SENSORS, SIGNS,
MONTTORING WELLS AI\Ti
ARCHITECTURAL
PROJECTIONS
fec for eay cncroechment not in the table shall be the srme fee for
the most similar structur. listed in the table es
Page 9 of 18
ENCROACHMENT PERMIT FAITIITUL PERFORMANCE BOND OR
Th€ ,mount ofan encroachmert permit cash deposit,or cashier's checl surety bond, or
Ierer of credit shall be dete,rmined by multiplying the quadity of asphalt paving, concrefe
paving sidewa[q concrete cub, monuments and trc,nch excavations proPosed to be removed,
disturbed or opened by the rate sbown in the table below, the sum ofthe toals sball esablish the
minimum amount of the bond or deposit, o(cept that in no case shrll the faithful totrl s€curity be
less than $5,000. Authorized by Vernon Municipal Code $ 22.47.
TYPE OF WORKTO BE PERFORMED
SIDEWALK
MONUMENT REPLACEMENT
Cityr of Vemon ll*ter Fee Schedule
Page l0 of 18
RATE
,TPAVEMENT
]TE PAVEMENT AND DRIVEWA't.
7.
$10.25lsQ. Fr.
CONCRETE CIJRB & GUTIER $52.5o/aIN. FT.
TRENCH EXCAVATIONS $7,500.00/EACH oPEN
D(CAVATION
$3,OOO.OOMONUMENT