Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2018-12-04 City Council Agenda Packet
Page 1 California Public Records Act ("PRA"): In compliance with the PRA, the documents pertaining to agenda items, including attachments, which are presented to the City Council in open session are available for public inspection. They may be inspected during regular business hours in the Office of the City Clerk at Vernon City Hall, 4305 Santa Fe Avenue; Vernon, California 90058, no appointment necessary, and on the City’s website at www.cityofvernon.org. Americans with Disabilities Act (“ADA”): In compliance with the ADA, if you need special assistance to participate in the meeting, please contact the Office of the City Clerk at (323) 583-8811. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. Agenda City of Vernon Regular City Council Meeting Tuesday, December 04, 2018, 09:00 AM City Hall, Council Chamber 4305 Santa Fe Avenue Vernon, California Yvette Woodruff-Perez, Mayor William J. Davis, Mayor Pro-Tem Luz Martinez, Council Member Leticia Lopez, Council Member Melissa Ybarra, 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 Works An Ordinance Adding Sec. 16.23-1 to Article I of Chapter 16 of the Vernon Municipal Code to Establish Parking Rules for Furlong Place, a Private City-Owned Street Recommendation: A. Find that the proposed action is exempt under the California Environmental Quality Act (“CEQA”) review because it is a continuing administrative activity that will not result in any direct or indirect changes in the environment and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378. Further, even if the establishment of parking rules for Furlong 1 Regular City Council Meeting Agenda December 04, 2018 Page 2 Place were considered a “project,” it would be exempt from CEQA review in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Conduct a public hearing; and C. Approve the first reading, and adopt at a subsequent meeting, an ordinance adding Sec. 16.23-1 to Article I of Chapter 16 of the Vernon Municipal Code to Establish Parking Rules for Furlong Place, a Private City-Owned Street. 1. Notice of Public Hearing - Ordinance Establishing Rules for Parking on Furlong Place 2. Ordinance Establishing Parking Rules for Furlong Place PRESENTATION 2.Fire Department Badge Presentation Ceremony Recommendation: No action required by City Council. This is a presentation only. 3.Human Resources Recognition of Retiring Employee - Fire Battalion Chief David J. Lazar Recommendation: A. Acknowledge and present a proclamation to retiring employee David J. Lazar, Fire Battalion Chief, in recognition of his dedicated service to the City of Vernon. 1. Proclamation - David J. Lazar 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. 4.City Administration Approval of a Maintenance Agreement with Tyler Technologies, Inc. Recommendation: A. Find that approval of the proposed action is exempt under the California Environmental Quality Act ("CEQA") review, because it is 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 the proposed Maintenance Agreement with Tyler Technologies, Inc. in an amount not 2 Regular City Council Meeting Agenda December 04, 2018 Page 3 to exceed $268,512.88 for a period of three years from January 1, 2019 through December 31, 2022; and C. Authorize the City Administrator to execute the proposed Maintenance Agreement with Tyler Technologies, Inc., in substantially the same form as submitted herewith, for software maintenance services for City Hall. 1. Maintenance Agreement with Tyler Technologies, Inc. 5.Finance/ Treasury Ratification of Warrant Registers to Record Voided Checks Recommendation: A. Ratify the following warrant registers to record voided checks: 1) Operating Account Warrant Register No. 11 to record voided Check No. 601391 in the amount of $1,184.00 issued 11/20/18 to Dr. David N. Stein. 2) Operating Account Warrant Register No. 11 to record voided Check No. 601411 in the amount of $109.00 issued 11/20/18 to Velasquez, Richard. 6.Finance/ Treasury Approval of RDA Obligation Retirement Account Warrant Register No. 48 Covering the Period of October 30 through November 26, 2018 Recommendation: A. Approve RDA Obligation Retirement Account Warrant Register No. 48 which totals $8,782.20 and consists of the following: 1) Ratification of electronic payments totaling $8,782.20. 1. RDA Obligation Retirement Fund Account Warrant Register No. 48 7.Finance/ Treasury Approval of Operating Account Warrant Register No. 12 Covering the Period of November 13 through November 26, 2018 Recommendation: A. Approve Operating Account Warrant Register No. 12 which totals $10,656,453.21 and consists of the following: 1) Ratification of electronic payments totaling $10,421,172.06. 2) Ratification of the issuance of early checks totaling $211,345.95. 3) Authorization to issue pending checks totaling $23,935.20. 4) Voided check No. 601440, 601496 totaling $201.15. 3 Regular City Council Meeting Agenda December 04, 2018 Page 4 1. Operating Account Warrant Register No. 12 8.Police Department Vernon Police Department Activity Log and Statistical Summary for the period of October 16 through October 31, 2018 Recommendation: A. Receive and file. 1. Police Department Activity Report - 10/16/18 to 10/31/18 9.Police Department Vernon Police Department Activity Log and Statistical Summary for the period of November 1 through November 15, 2018 Recommendation: A. Receive and file. 1. Police Department Activity Report - 11/01/18 to 11/15/18 10.Public Utilities Approval to Submit Request for Disbursement No. 2 to Commonwealth Land Title Company in Accordance with the rPlanet Earth Los Angeles, LLC Added Facilities Agreement Recommendation: A. Find that the proposed action is exempt under the California Environmental Quality Act (“CEQA”), because it is an administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Authorize the proposed request for Disbursement No. 2, in substantially the same form as submitted herewith, for electric service delivery in the amount of $391,610.93, and in accordance with the existing Added Facilities Agreement with rPlanet Earth Los Angeles, LLC. 1. Request for Disbursement No. 2 2. Added Facilities Agreement with rPlanet Earth Los Angeles, LLC 11.Public Utilities A Resolution Approving and Authorizing Amendment No. 1 to the Optical Fiber Use Agreement with C.R. Laurence International, Inc. for Use of the City’s Fiber Optic Network Recommendation: A. Find that the adoption of the proposed resolution is exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301(b) which exempts minor extensions of utility services involving negligible or no expansion of use beyond that existing at the 4 Regular City Council Meeting Agenda December 04, 2018 Page 5 time of the lead agency’s determination, and under Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment, because the proposed resolution will not require any construction, and the only physical change to the environment is stringing a few hundred feet of fiber optic cabling (of roughly ½ inch in diameter) from existing utility poles onto private property; and B. Adopt a Resolution Approving and Authorizing Amendment No. 1 to the Optical Fiber Use Agreement with C.R. Laurence International, Inc. for the Use of the City’s Fiber Optic Network. 1. Resolution No. 2018-23 - C.R.L OPTICAL FIBER USE AGREEMENT 2. Resolution Approving Amendment No.1 to the Optical Fiber Use Agreement 12.Public Works October 2018 Monthly Building Report Recommendation: A. Receive and File. 1. Public Works Department October 2018 Building Report 13.Public Works Ratification of Change Order No. 1 related to Contract No. CS-0915 between the City of Vernon and Siemens Mobility, Inc. for Traffic Signal Maintenance Recommendation: A. Find that the approval of the proposed change order in this staff report is categorically exempt under the California Environmentally Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301 (Existing Facilities), part (c) (existing highways and streets), because the project is merely to repair existing streets and involves negligible or no expansion of existing use; and B. Ratify the issuance of Change Order No. 1 for Traffic Signal Maintenance Contract No. CS-0915, authorizing Siemens Mobility, Inc. to provide extraordinary work for the additional cost of $178,100, increasing the total contract cost to $475,454; and C. Authorize the City Administrator to execute Change Order No. 1 in substantially the same form as submitted herewith. 1. Change Order No. 1 for Contract CS-0915 with Siemens Mobility, Inc. NEW BUSINESS 14.Public Works A Resolution Approving and Authorizing the Submittal of a Proposition 1 Grant Application for a Water Quality Multi-Benefit Recreational Corridor Park Project Recommendation: A. Find that the proposed action is exempt under the California Environmental Quality Act 5 Regular City Council Meeting Agenda December 04, 2018 Page 6 (“CEQA”) review because it is a continuing administrative activity that will not result in any direct or indirect changes in the environment and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Adopt a resolution approving and authorizing the submittal of a Proposition 1 Grant Application to the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (“RMC”). 1. Resolution - Approving a Submittal of a Prop 1 Grant Application for a Water Quality Multi-Benefit Recreational Corridor Park Project 2. LLARRP Opportunity Assessment - Bandini-Riverside Park 3. Bandini Riverside SW Park Project Prelim Concept 4. FINAL RMC Prop 1 Grant Guidelines 102018 ORAL REPORTS City Administrator Reports - brief reports on activities and other brief announcements. City Council Reports - brief AB1234 reports, or report on: activities, announcements, or directives to staff. CLOSED SESSION 15.City Attorney CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation. Government Code Section 54956.9(d)(2) Number of potential cases: 3 ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Vernon City Hall, located at 4305 Santa Fe Avenue, Vernon, California, and on the City’s website, not less than 72 hours prior to the meeting set forth on this agenda. Dated this 29th day of November, 2018. By: ________________________________ Maria E. Ayala City Clerk 6 City Council Agenda Item Report Agenda Item No. COV-407-2018 Submitted by: Daniel Wall Submitting Department: Public Works Meeting Date: December 4, 2018 SUBJECT An Ordinance Adding Sec. 16.23-1 to Article I of Chapter 16 of the Vernon Municipal Code to Establish Parking Rules for Furlong Place, a Private City-Owned Street Recommendation: A. Find that the proposed action is exempt under the California Environmental Quality Act (“CEQA”) review because it is a continuing administrative activity that will not result in any direct or indirect changes in the environment and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378. Further, even if the establishment of parking rules for Furlong Place were considered a “project,” it would be exempt from CEQA review in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Conduct a public hearing; and C. Approve the first reading, and adopt at a subsequent meeting, an ordinance adding Sec. 16.23-1 to Article I of Chapter 16 of the Vernon Municipal Code to Establish Parking Rules for Furlong Place, a Private City-Owned Street. Backgroud: Furlong Place is a private city-owned street. Currently, parking on Furlong Place is not assigned and is open to the residents of city housing and their guests. While there is generally adequate parking available in the City Hall parking structure for the use of residents and their guests, people prefer to park immediately adjacent to their homes. Conflicts arise when the guests and residents of one or two homes use the majority of the parking on Furlong. This ordinance would amend the municipal code to establish the following rules for parking on Furlong Place: (a) A parking space on Furlong Place shall be assigned to each residence on Furlong Place. Only vehicles displaying a valid parking permit for the assigned space are authorized to park in that space. (b) Guest parking spaces have been reserved for the use of the guests of the residents of Furlong Place. Only vehicles displaying a valid guest-parking permit are authorized to park in a guest parking space for a period not to exceed 24-hours. The ordinance also empowers members of the Police Department to remove any vehicle from Furlong Place which is in violation of these rules. If this ordinance is approved by the City Council, Public Works staff will host a meeting with the residents of Furlong Place to discuss the implementation of these rules. 7 Fiscal Impact: None. ATTACHMENTS 1. Notice of Public Hearing - Ordinance Establishing Rules for Parking on Furlong Place 2. Ordinance Establishing Parking Rules for Furlong Place 8 4305 Santa Fe Avenue Vernon, CA 9005E (323) 5E3-EEl l NOTICE OF PI.'BLIC HEARING REGARDING ATI ORDINANCE ADDING SECTION 16.2}I TO ARTICLE I OF CTIAPTER 16 OF TIIE VERNON MUMCIPAL CODE TO ESTABLISH PARKING RI,'LES FORFURLONG PI-ACE, A PRJVATE CITY-OW}IED STREET The City Council will conduct a Public Hearing, which you may attend. PLACE:Vemon City Hall City Council Chambers 4305 Santa Fe Avenue Vemon, CA 90058 Dccember 4, 201& at 9:00 a.m. (or as soon thereafter as dte maner can be heard) Consider tre adoption ofan orrdinance adding Section 16.23-l to Article I of Chapter l6 of the Vemon Municipal Code to establish parting rules for Furlong Place, a private City-owned st€et. Notice is hereby given drat a hard copy ofthe proposed ordinance will be available for public rcview during normal business hours in the City Cle* Department located at 4305 Santa Fe Avenue, Vemon, Califomia between fte hours of 7:00 a.m. and 5:30 p.m. Monday through Thunday. DATE & TIME: PTJRPOSE: DOCUMENTS FORREVIEW: Please send your comments or questions to: Daniel Wall, Direcor of Public Works City of Vemon 4305 Santa Fe Avenue, Vemon, CA 90058 (323) 583-EE I I Ext. 305 Email: dwall@ci.vemon.ca.us PROP'OSED CEQA FINDING: Staffwill recommend that dre Vemon City Council find that the proposed action is not subject to Califomia Environmental Quality Act ("CEQA") review because it is a continuing administrative activity that will not result in any direct or indirect changes in the environmenl and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378. Further, even if the establishment of parking regulations for Furlong Place were considered a "projecl," it would be exempt ftom CEQA review in accordance with Section 15064 (bX3), the general rule that CEQA only applies to projects that may have a significant effect on the environment. Ifyou challenge the adoption ofan ordinance adding Section 16.23-l to Article I ofchapter l6 ofthe Vemon Municipal Code to establish parking rules for Furlong Place, a private City-owned steet, or any provision thereofin court, you may be limited o raising only those issues you or someone else raised at the hearing described in this noticc or in wrinen conespondence delivered to the City ofVemon at, or prior to, the meeting. Americans with Disabilities Act (ADA): In compliance with ADA, if you need special assisance to participate in the meeting, please contact the Oftice of the City Clerk at (323) 583-881 I ext. 546. The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and place without further notice ofa public hearing. aria E. AyalaCity Clerk City of Vernon 9 CALIFORNIA NEWSPAPER SERVICE BUREAU PRE# D A I L Y J O U R N A L C O R P O R A T I O N To the right is a copy of the notice you sent to us for publication in the HUNTINGTON PARK BULLETIN. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone (800) 788-7840 / Fax (800) 464-2839 Visit us @ www.LegalAdstore.com MARIA AYALA CITY OF VERNON CITY CLERK 4305 SANTA FE AVE VERNON, CA 90058 GPN GOVT PUBLIC NOTICE NPH Ordinance Parking Rules for Furlong Place 11/29/2018 Notice Type: Ad Description COPY OF NOTICE 3197210 !A000004920334! An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. NOTICE OF PUBLIC HEARING REGARDING ANORDINANCE ADDING SECTION16.23-1TO ARTICLEI OF CHAPTER16 OF THE VERNON MUNICIPAL CODE TO ESTABLISHPARKING RULES FORFURLONG PLACE,A PRIVATE CITY-OWNED STREET The City Council will conduct a Public Hearing, whichyou may attend. PLACE:Vernon City Hall CityCouncil Chambers 4305Santa FeAvenue Vernon,CA 90058 DATE &TIME:December 4,2018,at 9:00 a.m. (or as soon thereafter as the matter can be heard) PURPOSE:Consider the adoption of an ordinance adding Section 16.23-1 to Article I of Chapter 16 of the Vernon Municipal Code to establish parking rules for Furlong Place,a private City-owned street. DOCUMENTS Notice is hereby given that a hard copy of the proposed ordinance will be available for public review during normal business hours in theCityClerk Department, FOR REVIEW:located at 4305 Santa Fe Avenue, Vernon,California betweenthehours of 7:00a.m. and 5:30p.m.Monday through Thursday. Pleasesend yourcomments or questions to: Daniel Wall,Director ofPublicWorks Cityof Vernon 4305Santa FeAvenue,Vernon,CA 90058 (323)583-8811 Ext.305 Email: dwall@ci.vernon.ca.us PROPOSED CEQA FINDING:Staff will recommend that the Vernon CityCouncil find that the proposed action is not subject to California Environmental Quality Act (“CEQA”)review because it is a continuing administrative activity that will not result in any direct or indirect changes in the environment and therefore does not constitute a “project”as defined by CEQA Guidelines section 15378.Further,even if the establishment of parking regulations for Furlong Place were considered a “project,”it would be exempt from CEQA review in accordance with Section 15064 (b)(3),the general rule that CEQA only applies to projects that may have a significant effect ontheenvironment. If you challenge the adoption of an ordinance adding Section 16.23-1 to Article I of Chapter 16 of the Vernon Municipal Code to establish parking rules for Furlong Place,a private City-owned street,or any provision thereof in court,you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondencedelivered to the City of Vernon at,or prior to,the meeting. Americans with Disabilities Act (ADA):In compliance with ADA,if you need special assistance to participate in the meeting,please contact the Office of the City Clerk at (323)583- 8811ext.546. The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and placewithout further notice ofapublic hearing. Dated:11/20/2018 /S/ Maria E.Ayala,City Clerk 11/29/18 10 PRE-3197210# HUNTINGTON PARK BULLETIN 11 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON, CALIFORNIA, ADDING SECTION 16.23-1 TO ARTICLE I OF CHAPTER 16 OF THE VERNON MUNICIPAL CODE TO ESTABLISH PARKING RULES FOR FURLONG PLACE, A PRIVATE CITY-OWNED STREET WHEREAS, the City of Vernon (the “City”) is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California; and WHEREAS, Furlong Place is a private city-owned street; and WHEREAS, Furlong Place is not assigned and is open to the residents of City housing and their guests; and WHEREAS, by memorandum dated December 4, 2018, the Director of Public Works has recommended the adoption of an ordinance adding Section 16.23-1 to Article I of Chapter 16 of the Vernon Municipal Code to establish parking rules for Furlong Place in order to avoid any conflict between the residents and guests; and WHEREAS, a duly-noticed public hearing has been held to consider the proposed ordinance changes, and public testimony has been received and considered; and WHEREAS, the City Council desires to add Section 16.23-1 to Article I of Chapter 16 of the Vernon Municipal Code to establish parking rules for Furlong Place. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that all of the foregoing recitals are true and correct. SECTION 2: The City Council finds that the adoption of this 12 - 2 - Ordinance is categorically exempt from California Environmental Quality Act (“CEQA”) review because it is a continuing administrative activity that will not result in any direct or indirect changes in the environment and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378. Further, even if the establishment of parking rules for Furlong Place were considered a “project,” it would be exempt from CEQA review in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment. SECTION 3: Section 16.23-1 to Article I of Chapter 16, of the Vernon Municipal Code, is hereby added as set forth in Exhibit A which is attached hereto and incorporated by reference. SECTION 4: Any ordinance, part of an ordinance, or code section in conflict with this Ordinance is hereby repealed. SECTION 5: Severability. 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 unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more chapters, articles, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases or words be declared unconstitutional, or invalid, or ineffective. SECTION 6: Book of Ordinances. The City Clerk shall attest 13 - 3 - and certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk’s certification to be entered in the Book of Ordinances of the Council of this City. The City Clerk shall cause this ordinance to be published or posted as required by law. SECTION 7: Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty- first (31st) day after its passage. APPROVED AND ADOPTED this ___ day of , 2018. Name: Title: Mayor / Mayor Pro-Tem ATTEST: Maria E. Ayala, City Clerk APPROVED AS TO FORM: Brian Byun, Senior Deputy City Attorney 14 - 4 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. XXXX was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held in the City of Vernon on Tuesday, December 4, 2018, and thereafter adopted at a meeting of said City Council held on Tuesday, , by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this ___ day of , 2018, at Vernon, California. Maria E. Ayala, City Clerk (SEAL) 15 EXHIBIT A Article I. Motor Vehicles and Traffic: General. Sec. 16.23. Same—City owned parking areas and facilities. No person, except as provided for below, shall park a vehicle on city owned parking areas and facilities within the city and described as follows: (a) City Hall grounds and parking areas at 4305 Santa Fe Avenue. (b) The parking facilities on grounds bounded by 50th Street, Downey Road, Fruitland Avenue and the West Roadway. (c) The city owned parking area at 2265 East 38th Street. (d) The parking areas of city owned housing and pump house at 3550 East Vernon Avenue. (e) Parking areas at Fire Station No. 378, at 2800 South Soto Street. (f) Parking areas at Fire Station No. 479, at 4530 Bandini Boulevard. The following persons are excepted from the provisions of this section: (a) Officers and employees of the city. (b) Vendors while engaging in business for the benefit of employees or officers of the city. (c) Persons having specific business with the city while engaged in such business. (d) Residents of city housing and their guests. Members of the police department are hereby authorized to remove a vehicle from the above described public property, which is in violation of this section, to the nearest garage or other place of safety, or to a garage designated or maintained by the police department. The police officer removing and storing such vehicle shall comply with the procedure set forth in division 11, chapter 10, article 32, of the California Vehicle Code. Every violation of this section is hereby declared to be a public nuisance. (Ord. No. 1014, § 3.) Sec. 16.23. -1. City owned parking area on Furlong Place Furlong Place is a private residential street owned by the City of Vernon. No person, except as provided for below, shall park a vehicle on Furlong Place: (a) A parking space on Furlong Place shall be assigned to each residence on Furlong Place. Only vehicles displaying a valid parking permit for the assigned space are authorized to park in that space. (b) Guest parking spaces have been reserved for the use of the guests of the residents of Furlong Place. Only vehicles displaying a valid guest-parking permit are authorized to park in a guest parking space for a period not to exceed 24-hours. Members of the police department are hereby authorized to remove any vehicle from Furlong Place, which is in violation of this section, to the nearest garage or other place of safety or to a 16 garage designated or maintained by the police department. The police officer removing and storing such vehicle shall comply with the procedure set forth in division 11, chapter 10, article 2, of the California Vehicle Code. Every violation of this section is hereby declared to be a public nuisance. 17 City Council Agenda Item Report Agenda Item No. COV-392-2018 Submitted by: Adriana Ramos Submitting Department: Fire Department Meeting Date: December 4, 2018 SUBJECT Badge Presentation Ceremony Recommendation: No action required by City Council. This is a presentation only. Backgroud: Periodically, the Fire Department conducts an internal written and practical examination for the position of Fire Battalion Chief and Fire Captain in an effort to establish a promotional list for any vacancies that may occur. Due to the upcoming retirement of Fire Battalion Chief, David Lazar, a position in the rank of Fire Battalion Chief and Fire Captain will become available as of December 10, 2018. Based on the promotional list created, it was determined that Fire Captain Craig Peltier be promoted to the Fire Battalion Chief position effective December 11, 2018 and Firefighter/Paramedic Tyler Shook be promoted to the Fire Captain position effective December 13, 2018 . Fiscal Impact: None. ATTACHMENTS 18 City Council Agenda Item Report Agenda Item No. COV-418-2018 Submitted by: Lisette Grizzelle Submitting Department: Human Resources Meeting Date: December 4, 2018 SUBJECT Recognition of Retiring Employee - Fire Battalion Chief David J. Lazar Recommendation: A. Acknowledge and present a proclamation to retiring employee David J. Lazar, Fire Battalion Chief, in recognition of his dedicated service to the City of Vernon. Backgroud: Historically, the City Council has issued proclamations in honor of retiring City employees. David J. Lazar, Fire Battalion Chief, will be retiring from the City of Vernon after providing over thirty (30) years of service to the City. During his career with the City of Vernon, Fire Battalion Chief Lazar held the following positions: Hired as a Firefighter on May 16, 1988; Fire Captain, effective August 23, 1992; Battalion Chief, effective June 26, 2005; and an Assistant Fire Chief assignment. Fire Battalion Chief Lazar completed Hazardous Materials training and became a Hazardous Materials Specialist. Additionally, he completed Urban Search and Rescue certification and became a Confined Space Rescue Specialist. Fire Battalion Chief Lazar also completed the following certifications: Company Officer, Strike Team Leader, and Task Force Leader. Fire Battalion Chief Lazar served within many critical areas that required diligent leadership skills. As a Fire Battalion Chief, he managed B Shift, managed the Grants, Training, Personnel, Policies & Procedures, Emergency Management, and Facilities. During Battalion Chief Lazar’s career, he has been very involved with project management and leadership. The following are some of the highlights of the many accomplishments during his distinguished career: •Instrumental in obtaining millions of dollars in UASI and SHSP grant funding for Vernon •Managed the Departments Fuels Storage and Consumption Program •Managed the Department’s Civil Defense Generator Program •Managed the Department's Official Photo program •Managed remodels of fire stations 76, 77, 78 and 79 •Assisted in the concrete rehabilitation at fire stations 76 & 78 •President of Vernon Fire Management Association This is only a brief snapshot of the many accomplishments Fire Battalion Chief Lazar has managed during his career with the City. He has been dedicated to providing continuous service and exemplifies true public service to our community. 19 Fire Battalion Chief Lazar was hired on May 16, 1988 and meets the eligibility requirements under CalPERS to retire from the City of Vernon effective December 10, 2018. Fiscal Impact: There is no additional fiscal impact on the current operating budget as a result of this recommended action. ATTACHMENTS 1. Proclamation - David J. Lazar 20 A PROCl~1MA TION OF THE MA YOR AND THE CITY COUNCIL OF THE CITY OF VERNON COMMENDING DA VID J. l~AR FOR HIS MANY YEARS OF SERVICE TO THE CITY OF VERNON I~HEI~AS, David J. Latiar has been employed by the City of Vernon since Muy 76, 7988, and has faithfully served the City of Vernon for over 30 years; and I~HEKFAS, Davi~J. Lazar will retire from the City of Vernon effective December 70, 2078, as a Fire Battalion Chief,• and I~HEI~EAS, during the courre of his employment with the City of Tlernon, David J. Latiar held the assignments of Firefighter, .Fire Captain, Fire Battalion Chief and Assistant Fire Chief,• and I-VHEKF,AS, David J. Lazar completed Ha~Urdous Materials training and became a Hazardous Materials Speczali.rt; completed Urban Search and I~e.rcue certification and became a Confined Space I~ercue Speczali~~t; and completed certifications for Company O~cer, Strike Team Leader, and Task Force Leader; and I~HEI~E~S, as Fire Battalion Chief, David J. Latiar managed B Shift operation~~, managed the Fire Department's Grants, Training, Personnel, Policies and Procedures, Emergency Management, and Facilities; and WIHEKF~S, during his career, David J. Lazar has been very involved with project management and leadership within the Department, iva r instrumental in obtaining millions of dollars in UASI and SHSI' grant funding for the City, managed the Fire Department's Fuel Storage and Consumption Program, managed the Fire Department's Civil Defense Generator Program, managed the o~czal Fire Department Photo Program, managed the remodeling of Fire Stations 76, 77, 78 and 79, assisted in the concrete rehabilitation at Fire Stations 76 and 78, and served as President of the Vernon .Fire MUnagement A.rsoczation; and I~HEKEAS, during his long and di.rtingui.rhed career with the City of Vernon, David J. Lazar has zvon the deepest respect of his colleagues through his leadership and his many contributions to the City; and I~HEI~F~9.S, it is an honor to ex~re.rr our appreciation to David J. Lazar for his exemplary service to the City of ~ Vernon and wish David good health upon his retirement and for continued succesr in life's pursuits; and WIHE~AS, the Mayor and the City Council of the City of Vernon, on behalf of its employees, residents and businesses, aa~ish to commend and thank David J. Lugar for his manyyears of serUice to the City and invite recognition of his contributions and achievement-. PTO Imo, THEI~EFOI~E, THE MAYOK AND THE CITY CO UNCIL OF THE CITY OF VEKNON, ON BEHALF OF ITS EMPLOYEES, KESIDENTS AND B USINESSES HEREBY COMMEND DAVID J. L.AZAK FOl~ HIS MANY YF.AKS OF SERVICE TO THE CITY. THIS PI~OCL.~~Mf1TION IS BEING PKESENTED TO DAVID J. L.AZAI~ BY THE HONO~BLE MAYOK YVETTE W~OODA.UFF-PEKEZ FOK AND ON BEHALF OF THE CITY CO UNCIL OF THE CITY OF VEKNON THIS 4TH ~ DAY OF DECEMBER TI-Y~O THO US~1ND AND EIGHTTEEN CITY OF VE ON r.. By: TTE OODA.UFF-PEKEZ, Mayor 21 City Council Agenda Item Report Agenda Item No. COV-357-2018 Submitted by: Alexis Amado Submitting Department: City Administration Meeting Date: December 4, 2018 SUBJECT Approval of a Maintenance Agreement with Tyler Technologies, Inc. Recommendation: A. Find that approval of the proposed action is exempt under the California Environmental Quality Act ("CEQA") review, because it is 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 the proposed Maintenance Agreement with Tyler Technologies, Inc. in an amount not to exceed $268,512.88 for a period of three years from January 1, 2019 through December 31, 2022; and C. Authorize the City Administrator to execute the proposed Maintenance Agreement with Tyler Technologies, Inc., in substantially the same form as submitted herewith, for software maintenance services for City Hall. Backgroud: Since 2006, staff has used Tyler Technologies' EDEN enterprise resource planning system to manage many of the City's core business functions. EDEN's product suite includes Financials, Human Resources, and Citizen Services applications; each integrated and designed with the familiar Windows-based user interface. EDEN products enhance collaboration between departments, increase workflow efficiency and enhance customer and constituent service. The system helps streamline the City's most important office tasks, including all aspects of accounting, budgeting and procurement at the enterprise level. The application source code and the support services are the proprietary property of Tyler Technologies, Inc. ("Tyler") who works with more than 6,000 public-sector agencies nationwide and is the largest company in the country solely dedicated to providing software and services to government agencies. As a corporation, Tyler is a Microsoft Gold Certified Partner; the EDEN development group is also a Microsoft Certified Partner. Tyler's maintenance support includes remote maintenance and support, telephone support during established support hours, a copy of all major and minor releases to the Tyler Software including updated and enhancements and standard-reports support for the year. The annual maintenance support dues include coverage for the following modules: Cashiering, Workstation, General Ledget, Budget Preparation, Accounts Payable, Purchasing, GASB34 Reporting, Accounts Receivable, Contract Management, Fixed Assets, Payroll, Human Resources, Applicant Tracking, Inventory Control, Licensing, Project Accounting, Bid & Quote Management, Code Enforcement, Permits and Inspections and Parcel Manager. The proposed Maintenance Agreement is exempt from competitive bidding and competitive selection pursuant to Section 2.17.12(A)(2) of the Vernon Municipal Code as maintenance services are for a proprietary software and are available from only only vendor. 22 Tyler's software package and maintenance of said software is critical to daily City operations and functions. It is, therefore, recommended that City Council approve the proposed agreement with Tyler. The proposed Maintenance Agreement with Tyler Technologies has been reviewed and approved as to form by the City Attorney's office. Fiscal Impact: The approximate cost per year is $82,002.50, with the first renewal term and all renewals thereafter subject to increase on an annual basis at a rate of 5%. Based on the estimated annual cost and an expense allocation of $10,000 for potential travel/expense reimbursements to Tyler, the total not-to-exceed amount of the contract is $268,512.88 for the three year term of the agreement. Expenses will be billed by Tyler as incurred and will be reimbursed in accordance with the proposed agreement. The annual cost for the first year of the agreement was included in the fiscal year 2018/2019 IT budget. Future costs will be budgeted accordingly in subsequent years. ATTACHMENTS 1. Maintenance Agreement with Tyler Technologies, Inc. 23 1 MAINTENANCE AGREEMENT This Maintenance Agreement is made between Tyler Technologies, Inc. and Client. WHEREAS, Client selected Tyler to perform the services set forth in the Proforma and Tyler desires to perform such services under the terms of this Agreement; NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this Agreement, Tyler and Client agree as follows: SECTION A – DEFINITIONS • “Agreement” means this Maintenance Agreement. • “Business Travel Policy” means our business travel policy. A copy of our current Business Travel Policy is attached as Schedule 1 to Exhibit B. • “Client” means the City of Vernon. • “Defect” means a failure of the Tyler Software to substantially conform to the functional descriptions set forth in our written proposal to you, or their functional equivalent. Future functionality may be updated, modified, or otherwise enhanced through our maintenance and support services, and the governing functional descriptions for such future functionality will be set forth in our then-current Documentation. • “Documentation” means any online or written documentation related to the use or functionality of the Tyler Software that we provide or otherwise make available to you, including instructions, user guides, manuals and other training or self-help documentation. • “Effective Date” means the date on which your authorized representative signs the Agreement. • “Force Majeure” means an event beyond the reasonable control of you or us, including, without limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other cause that could not with reasonable diligence be foreseen or prevented by you or us. • “Proforma” means the agreed upon cost proposal for the services attached as Exhibit A. • “Invoicing and Payment Policy” means the invoicing and payment policy. A copy of our current Invoicing and Payment Policy is attached as Exhibit B. • “Maintenance and Support Agreement” means the terms and conditions governing the provision of maintenance and support services to all of our customers. A copy of our current Maintenance and Support Agreement is attached as Exhibit C. • “Support Call Process” means the support call process applicable to all of our customers who have licensed the Tyler Software. A copy of our current Support Call Process is attached as Schedule 1 to Exhibit C. • “Third Party Hardware” means the third party hardware, if any, identified in the Proforma. • “Third Party Products” means the Third Party Software and Third Party Hardware. • “Third Party Software” means the third party software, if any, identified in the Proforma. • “Tyler” means Tyler Technologies, Inc., a Delaware corporation. • “Tyler Software” means our proprietary software, including any integrations, custom 24 2 modifications, and/or other related interfaces identified in the Proforma and licensed by us to you through this Agreement. • “we”, “us”, “our” and similar terms mean Tyler. • “you” and similar terms mean Client. SECTION B – MAINTENANCE AND SUPPORT If you have purchased ongoing maintenance and support services, and continue to make timely payments for them according to our Invoicing and Payment Policy, we will provide you with maintenance and support services for the Tyler Software under the terms of our standard Maintenance and Support Agreement. If you have opted not to purchase ongoing maintenance and support services for the Tyler Software, the Maintenance and Support Agreement does not apply to you. Instead, you will only receive ongoing maintenance and support on the Tyler Software on a time and materials basis. In addition, you will: (i) receive the lowest priority under our Support Call Process; (ii) be required to purchase new releases of the Tyler Software, including fixes, enhancements and patches; (iii) be charged our then-current rates for support services, or such other rates that we may consider necessary to account for your lack of ongoing training on the Tyler Software; (iv) be charged for a minimum of two (2) hours of support services for every support call; and (v) not be granted access to the support website for the Tyler Software or the Tyler Community Forum. SECTION C – INVOICING AND PAYMENT; INVOICE DISPUTES 1. Invoicing and Payment. We will invoice you for all fees set forth in the Proforma per our Invoicing and Payment Policy, subject to Section C (2). 2. Invoice Disputes. If you believe any delivered software or service does not conform to the warranties in this Agreement, you will provide us with written notice within thirty (30) days of your receipt of the applicable invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice. You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice. We reserve the right to suspend delivery of all services, including maintenance and support services, if you fail to pay an invoice not disputed as described above within fifteen (15) days of notice of our intent to do so. SECTION D – TERM AND TERMINATION 25 3 1. Term. The term shall commence on January 1, 2019, and remain in effect through December 31, 2022. Notwithstanding the foregoing, this Agreement may be terminated in writing, with or without cause, by either party on thirty (30) days prior written notice. 2. Termination for Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in Section F (1). You may terminate this Agreement for cause in the event we do not cure, or create a mutually agreeable action plan to address, a material breach of this Agreement within the thirty (30) day window set forth in Section F (1). In the event of termination for cause, you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. 3. Termination Due to Lack of Appropriations. If you should not appropriate or otherwise receive funds sufficient to purchase, lease, operate, or maintain the software or services set forth in this Agreement, you may unilaterally terminate this Agreement effective on the final day of the fiscal year through which you have funding. You will make every effort to give us at least thirty (30) days written notice prior to a termination for lack of appropriations. In the event of termination due to a lack of appropriations, you will pay us for all undisputed fees and expenses related to the software and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. Any disputed fees and expenses must have been submitted to the Invoice Dispute process set forth in Section F (1) at the time of termination in order to be withheld at termination. You will not be entitled to a refund or offset of previously paid license and other fees. 4. Termination Due to Force Majeure. Except for your payment obligations, either you or we may terminate this Agreement if a Force Majeure event suspends performance of scheduled tasks for a period of forty- five (45) days or more. In the event of termination due to Force Majeure, you will pay us for all undisputed fees and expenses related to the software and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. Any disputed fees and expenses must have been submitted to the Invoice Dispute process set forth in Section F (1) at the time of termination in order to be withheld at termination. You will not be entitled to a refund or offset of previously paid license and other fees. SECTION E – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE 1. Intellectual Property Infringement Indemnification. 1.1 We will defend you against any third party claim(s) that the Tyler Software or Documentation infringes that third party’s patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment (or settlement to which we consent). You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense. 1.2 Our obligations under this Section E (1) will not apply to the extent the claim or adverse final judgment is based on your: (a) use of a previous version of the Tyler Software and the claim would have been avoided had you installed and used the current version of the Tyler Software, and we provided notice of that requirement to you; (b) combining the Tyler Software with any product or device not provided, contemplated, or approved by us; (c) altering or 26 4 modifying the Tyler Software, including any modification by third parties at your direction or otherwise permitted by you; (d) use of the Tyler Software in contradiction of this Agreement, including with non-licensed third parties; or (e) willful infringement, including use of the Tyler Software after we notify you to discontinue use due to such a claim. 1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for you the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional equivalent, in which case you will stop running the allegedly infringing Tyler Software immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you may continue to use the Tyler Software consistent with the terms of this Agreement. 1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software is enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment (or settlement to which we consent), we will, at our option, either: (a) procure the right to continue its use; (b) modify it to make it non-infringing; (c) replace it with a functional equivalent; or (d) terminate your license and refund the license fees paid for the infringing Tyler Software, as depreciated on a straight-line basis measured over seven (7) years from the Effective Date. We will pursue those options in the order listed herein. This section provides your exclusive remedy for third party copyright, patent, or trademark infringement and trade secret misappropriation claims. 2. General Indemnification. 2.1 We will indemnify and hold harmless you and your agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent caused by our negligence or willful misconduct; or (b) our violation of a law applicable to our performance under this Agreement. You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense. 2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for personal injury or property damage to the extent caused by your negligence or willful misconduct; or (b) your violation of a law applicable to your performance under this Agreement. We will notify you promptly in writing of the claim and will give you sole control over its defense or settlement. We agree to provide you with reasonable assistance, cooperation, and information in defending the claim at your expense. 3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, 27 5 EACH PARTY’S LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) PRIOR TO FORMAL TRANSITION TO MAINTENANCE AND SUPPORT, THE TOTAL ONE-TIME FEES SET FORTH IN THE INVESTMENT SUMMARY; OR (B) AFTER FORMAL TRANSITION TO MAINTENANCE AND SUPPORT, THE THEN- CURRENT ANNUAL MAINTENANCE AND SUPPORT FEE. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMANAGES, AND EACH SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS E (1) AND E (2). 5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. Insurance. During the course of performing services under this Agreement, we agree to maintain the following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b) Automobile Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000; (d) Workers Compensation complying with applicable statutory requirements; and (e) Excess/Umbrella Liability of at least $5,000,000. We will add you as an additional insured and provide you with copies of certificates of insurance upon your written request. SECTION F – GENERAL TERMS AND CONDITIONS 1. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, then the parties shall participate in non-binding mediation in an effort to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures. 2. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will reimburse us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a copy. For clarity, we are responsible for paying our income taxes, both federal and state, as applicable, arising from our performance of this Agreement. 3. Nondiscrimination. We will not discriminate against any person employed or applying for employment concerning the performance of our responsibilities under this Agreement. This 28 6 discrimination prohibition will apply to all matters of initial employment, tenure, and terms of employment, or otherwise with respect to any matter directly or indirectly relating to employment concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the individual's ability to perform the duties of a particular job or position, height, weight, marital status, or political affiliation. We will post, where appropriate, all notices related to nondiscrimination as may be required by applicable law. 4. Living Wage. We (and any subcontractors we employ, shall comply with Vernon’s Living Wage Ordinance, a copy of which is attached hereto and incorporated by reference. Upon Vernon’s request, certified payroll records shall promptly be provided to Vernon. 5. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S. Citizenship and Immigration Services Verification Division for all of our employees assigned to your project. 6. Subcontractors. We will not subcontract any services under this Agreement without your prior written consent, not to be unreasonably withheld. 7. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement without the prior written consent of the other party; provided, however, your consent is not required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of our assets. In such an event, however, we will provide written notice (including the name, address and contact information for the assignee’s representative) to you of such assignment within thirty (30) days of the effective date of such assignment. 8. Force Majeure. Except for your payment obligations, neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the party whose performance is delayed provides the other party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event. 9. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. This provision does not affect the rights of third parties under any Third Party Terms. 10. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and us with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. This Agreement may only be modified by a written amendment signed by an authorized representative of each party. 11. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will be considered valid and enforceable to the fullest extent permitted by law. 12. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non-enforcement will not act as or be deemed to act as a waiver or 29 7 modification of this Agreement, nor will such non-enforcement prevent such party from enforcing each and every term of this Agreement thereafter. 13. Independent Contractor. We are an independent contractor for all purposes under this Agreement. 14. Notices. All notices or communications required or permitted as a part of this Agreement, such as notice of an alleged material breach for a termination for cause or a dispute that must be submitted to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of proof of email delivery; or (d) if not actually received, five (5) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the other party at the address set forth on the signature page hereto or such other address as the party may have designated by proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party. 15. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and promotional materials. 16. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities, including the parties. Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law. For the avoidance of doubt, neither this Agreement nor any information contained herein is confidential information; provided however, that the line-item pricing attached hereto as Exhibit 2 shall be deemed confidential information. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that: (a) is in the public domain, either at the time of disclosure or afterwards, except by breach of this Agreement by a party or its employees or agents; (b) a party can establish by reasonable proof was in that party's possession at the time of initial disclosure; (c) a party receives from a third party who has a right to disclose it to the receiving party; or (d) is the subject of a legitimate disclosure request under the California Public Records Act (Government Code §§ 6250 et seq.) (“PRA”) or similar applicable public disclosure laws governing this Agreement; provided, however, that in the event you receive a PRA or other similar applicable request, you will give us prompt notice and otherwise perform the functions required by applicable law. 17. Business License. In the event a local business license is required for us to perform services hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact information so that we may timely obtain such license. 30 8 18. Governing Law. This Agreement will be governed by and construed in accordance with the laws of your state of domicile, without regard to its rules on conflicts of law. 19. Attorney’s Fees. If any action at law or in equity is brought to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. 20. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature. Each party represents to the other that the signatory set forth below is duly authorized to bind that party to this Agreement. 21. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve the right to negotiate and customize the terms and conditions set forth herein, including but not limited to pricing, to the scope and circumstances of that cooperative procurement. 22. Contract Documents. This Agreement includes the following exhibits: Exhibit A Proforma Exhibit B Invoicing and Payment Policy Schedule 1: Business Travel Policy Exhibit C Maintenance and Support Agreement Schedule 1: Support Call Process IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the date(s) set forth below. Tyler Technologies, Inc. City of Vernon By: By: Name: Name: Title: l Title: Date: Date: Address for Notices: Address for Notices: Tyler Technologies, Inc. City of Vernon One Tyler Drive 4305 Santa Fe Avenue Yarmouth, ME 04096 Vernon, CA 90058 Attention: Chief Legal Officer Attention: 31 9 Exhibit A Proforma The following Proforma details the services to be delivered by us to you under the Agreement. This Proforma is effective as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. TO BE INSERTED 32 1 33 1 34 1 35 Exhibit B 10 Invoicing and Payment Policy We will provide you with the services set forth in the Proforma. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. Invoicing: We will invoice you for the applicable services fees in the Proforma as set forth below. Your rights to dispute any invoice are set forth in the Agreement. 1. Tyler Software Maintenance and Support Fees. Maintenance and support fees are invoiced annually in advance prior to January 1 of each year. Your fees for each subsequent year will be set at our then-current rates. 2. Expenses. The service rates in the Investment Summary do not include travel expenses. Expenses will be billed as incurred and only in accordance with our then-current Business Travel Policy, plus a 10% travel agency processing fee that applies to airfare, hotel, and car rental bookings. Our current Business Travel Policy is attached to this Exhibit B at Schedule 1. Copies of receipts will be provided upon request; we reserve the right to charge you an administrative fee depending on the extent of your requests. Receipts for miscellaneous items less than twenty-five dollars and mileage logs are not available. Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We prefer to receive payments electronically. Our electronic payment information is: Bank: Wells Fargo Bank, N.A. 420 Montgomery San Francisco, CA 94104 ABA: 121000248 Account: 4124302472 Beneficiary: Tyler Technologies, Inc. – Operating 36 Exhibit B 11 Schedule 1 Business Travel Policy 1. Air Travel A. Reservations & Tickets Tyler’s Travel Management Company (TMC) will provide an employee with a direct flight within two hours before or after the requested departure time, assuming that flight does not add more than three hours to the employee’s total trip duration and the fare is within $100 (each way) of the lowest logical fare. If a net savings of $200 or more (each way) is possible through a connecting flight that is within two hours before or after the requested departure time and that does not add more than three hours to the employee’s total trip duration, the connecting flight should be accepted. Employees are encouraged to make advanced reservations to take full advantage of discount opportunities. Employees should use all reasonable efforts to make travel arrangements at least two (2) weeks in advance of commitments. A seven day advance booking requirement is mandatory. When booking less than seven days in advance, management approval will be required. Except in the case of international travel where a segment of continuous air travel is scheduled to exceed six hours, only economy or coach class seating is reimbursable. B. Baggage Fees Reimbursement of personal baggage charges are based on trip duration as follows: • Up to five days = one checked bag • Six or more days = two checked bags Baggage fees for sports equipment are not reimbursable. 2. Ground Transportation A. Private Automobile Mileage Allowance – Business use of an employee’s private automobile will be reimbursed at the current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated by using the employee's office as the starting and ending point, in compliance with IRS regulations. 37 12 Employees who have been designated a home office should calculate miles from their home. B. Rental Car Employees are authorized to rent cars only in conjunction with air travel when cost, convenience, and the specific situation reasonably require their use. When renting a car for Tyler business, employees should select a “mid-size” or “intermediate” car. “Full” size cars may be rented when three or more employees are traveling together. Tyler carries leased vehicle coverage for business car rentals; additional insurance on the rental agreement should be declined. C. Public Transportation Taxi or airport limousine services may be considered when traveling in and around cities or to and from airports when less expensive means of transportation are unavailable or impractical. The actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the airport, tips are included in the per diem rates and will not be reimbursed separately. D. Parking & Tolls When parking at the airport, employees must use longer term parking areas that are measured in days as opposed to hours. Park and fly options located near some airports may also be used. For extended trips that would result in excessive parking charges, public transportation to/from the airport should be considered. Tolls will be reimbursed when receipts are presented. 3. Lodging Tyler’s TMC will select hotel chains that are well established, reasonable in price, and conveniently located in relation to the traveler's work assignment. Typical hotel chains include Courtyard, Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local hotel, the hotel reservation should note that discount and the employee should confirm the lower rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be noted in their travel profiles so that the employee can take advantage of any lower club rates. “No shows” or cancellation fees are not reimbursable if the employee does not comply with the hotel’s cancellation policy. Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed separately. 4. Meals and Incidental Expenses Employee meals and incidental expenses while on travel status are in accordance with the federal per diem rates published by the General Services Administration. Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel expenses. Per diem rates are available at www.gsa.gov/perdiem. 38 13 A. Overnight Travel For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a trip are governed as set forth below. Departure Day Depart before 12:00 noon Lunch and dinner Depart after 12:00 noon Dinner Return Day Return before 12:00 noon Breakfast Return between 12:00 noon & 7:00 p.m. Breakfast and lunch Return after 7:00 p.m.* Breakfast, lunch and dinner *7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner The reimbursement rates for individual meals are calculated as a percentage of the full day per diem as follows: • Breakfast 15% • Lunch 25% • Dinner 60% B. Same Day Travel Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the event they return home after 7:00 p.m.* *7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner 5. Internet Access – Hotels and Airports Employees who travel may need to access their e-mail at night. Many hotels provide free high speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If an employee’s hotel charges for internet access it is reimbursable up to $10.00 per day. Charges for internet access at airports are not reimbursable. 39 14 Exhibit C Maintenance and Support Agreement We will provide you with the following maintenance and support services for the Tyler Software. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. 1. Maintenance and Support Fees. Your maintenance and support fees for the Tyler Software are listed in the Proforma, and your payment obligations are set forth in the Invoicing and Payment Policy. We reserve the right to suspend maintenance and support services if you fail to pay undisputed maintenance and support fees within thirty (30) days of our written notice. We will reinstate maintenance and support services only if you pay all past due maintenance and support fees, including all fees for the periods during which services were suspended. 2. Maintenance and Support Services. As long as you are not using the Help Desk as a substitute for our training services on the Tyler Software, and you timely pay your maintenance and support fees, we will, consistent with our then-current Support Call Process: 2.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner, consistent with industry standards, to resolve Defects in the Tyler Software (limited to the then-current version and the immediately prior version); provided, however, that if you modify the Tyler Software without our consent, our obligation to provide maintenance and support services on and warrant the Tyler Software will be void; 2.2 provide telephone support during our established support hours; 2.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third Party Software, if any, in order to provide maintenance and support services; 2.4 provide you with a copy of all major and minor releases to the Tyler Software (including updates and enhancements) that we make generally available without additional charge to customers who have a maintenance and support agreement in effect; and 2.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with our then-current release life cycle policy. 3. Client Responsibilities. We will use all reasonable efforts to perform any maintenance and support services remotely. Currently, we use a third-party secure unattended connectivity tool called 40 15 Bomgar, as well as GotoAssist by Citrix. Therefore, you agree to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You agree to provide us with a login account and local administrative privileges as we may reasonably require to perform remote services. We will, at our option, use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot resolve a support issue remotely, we may be required to provide onsite services. In such event, we will be responsible for our travel expenses, unless it is determined that the reason onsite support was required was a reason outside our control. Either way, you agree to provide us with full and free access to the Tyler Software, working space, adequate facilities within a reasonable distance from the equipment, and use of machines, attachments, features, or other equipment reasonably necessary for us to provide the maintenance and support services, all at no charge to us. We strongly recommend that you also maintain a VPN for backup connectivity purposes. 4. Hardware and Other Systems. If you are a self-hosted customer and, in the process of diagnosing a software support issue, it is discovered that one of your peripheral systems or other software is the cause of the issue, we will notify you so that you may contact the support agency for that peripheral system. We cannot support or maintain Third Party Products except as expressly set forth in the Agreement. In order for us to provide the highest level of software support, you bear the following responsibility related to hardware and software: (a) All infrastructure executing Tyler Software shall be managed by you; (b) You will maintain support contracts for all non-Tyler software associated with Tyler Software (including operating systems and database management systems, but excluding Third-Party Software, if any); and (c) You will perform daily database backups and verify that those backups are successful. 5. Other Excluded Services. Maintenance and support fees do not include fees for the following services: (a) initial installation or implementation of the Tyler Software; (b) onsite maintenance and support (unless Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (c) application design; (d) other consulting services; (e) maintenance and support of an operating system or hardware, unless you are a hosted customer; (f) support outside our normal business hours as listed in our then-current Support Call Process; or (g) installation, training services, or third party product costs related to a new release. Requested maintenance and support services such as those outlined in this section will be billed to you on a time and materials basis at our then current rates. You must request those services with at least one (1) weeks’ advance notice. 6. Current Support Call Process. Our current Support Call Process for the Tyler Software is attached to this Exhibit C at Schedule 1. 41 16 Exhibit C Schedule 1 Support Call Process Support Channels Tyler Technologies, Inc. provides the following channels of software support: (1) Tyler Community – an on-line resource, Tyler Community provides a venue for all Tyler clients with current maintenance agreements to collaborate with one another, share best practices and resources, and access documentation. (2) On-line submission (portal) – for less urgent and functionality-based questions, users may create unlimited support incidents through the customer relationship management portal available at the Tyler Technologies website. (3) Email – for less urgent situations, users may submit unlimited emails directly to the software support group. (4) Telephone – for urgent or complex questions, users receive toll-free, unlimited telephone software support. Support Resources A number of additional resources are available to provide a comprehensive and complete support experience: (1) Tyler Website – www.tylertech.com – for accessing client tools and other information including support contact information. (2) Tyler Community – available through login, Tyler Community provides a venue for clients to support one another and share best practices and resources. (3) Knowledgebase – A fully searchable depository of thousands of documents related to procedures, best practices, release information, and job aides. (4) Program Updates – where development activity is made available for client consumption Support Availability Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday – Friday) across four US time zones (Pacific, Mountain, Central and Eastern). Clients may receive coverage across these time zones. Tyler’s holiday schedule is outlined below. There will be no support coverage on these days. New Year’s Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas Day Labor Day 42 18 Issue Handling Incident Tracking Every support incident is logged into Tyler’s Customer Relationship Management System and given a unique incident number. This system tracks the history of each incident. The incident tracking number is used to track and reference open issues when clients contact support. Clients may track incidents, using the incident number, through the portal at Tyler’s website or by calling software support directly. Incident Priority Each incident is assigned a priority number, which corresponds to the client’s needs and deadlines. The client is responsible for reasonably setting the priority of the incident per the chart below. This chart is not intended to address every type of support incident, and certain “characteristics” may or may not apply depending on whether the Tyler software has been deployed on customer infrastructure or the Tyler cloud. The goal is to help guide the client towards clearly understanding and communicating the importance of the issue and to describe generally expected responses and resolutions. Priority Level Characteristics of Support Incident Resolution Targets 1 Critical Support incident that causes (a) complete application failure or application unavailability; (b) application failure or unavailability in one or more of the client’s remote location; or (c) systemic loss of multiple essential system functions. Tyler shall provide an initial response to Priority Level 1 incidents within one (1) business hour of receipt of the support incident. Tyler shall use commercially reasonable efforts to resolve such support incidents or provide a circumvention procedure within one (1) business day. For non-hosted customers, Tyler’s responsibility for lost or corrupted data is limited to assisting the client in restoring its last available database 2 High Support incident that causes (a) repeated, consistent failure of essential functionality affecting more than one user or (b) loss or corruption of data. Tyler shall provide an initial response to Priority Level 2 incidents within four (4) business hours of receipt of the support incident. Tyler shall use commercially reasonable efforts to resolve such support incidents or provide a circumvention procedure within ten (10) business days. For non-hosted customers, Tyler’s responsibility for loss or corrupted data is limited to assisting the client in restoring its last available database 43 19 3 Medium Priority Level 1 incident with an existing circumvention procedure, or a Priority Level 2 incident that affects only one user or for which there is an existing circumvention procedure. Tyler shall provide an initial response to Priority Level 3 incidents within one (1) business day of receipt of the support incident. Tyler shall use commercially reasonable efforts to resolve such support incidents without the need for a circumvention procedure with the next published maintenance update or service pack. For non- hosted customers, Tyler’s responsibility for lost or corrupted data is limited to assisting the client in restoring its last available database. 4 Non- critical Support incident that causes failure of non-essential functionality or a cosmetic or other issue that does not qualify as any other Priority Level. Tyler shall provide an initial response to Priority Level 4 incidents within two (2) business days. Tyler shall use commercially reasonable efforts to resolve such support incidents, as well as cosmetic issues, with a future version release. Incident Escalation Tyler Technology’s software support consists of four levels of personnel: (1) Level 1: front-line representatives (2) Level 2: more senior in their support role, they assist front-line representatives and take on escalated issues (3) Level 3: assist in incident escalations and specialized client issues (4) Level 4: responsible for the management of support teams for either a single product or a product group If a client feels they are not receiving the service needed, they may contact the appropriate Software Support Manager. After receiving the incident tracking number, the manager will follow up on the open issue and determine the necessary action to meet the client’s needs. On occasion, the priority or immediacy of a software support incident may change after initiation. Tyler encourages clients to communicate the level of urgency or priority of software support issues so that we can respond appropriately. A software support incident can be escalated by any of the following methods: (1) Telephone – for immediate response, call toll-free to either escalate an incident’s priority or to escalate an issue through management channels as described above. (2) Email – clients can send an email to software support in order to escalate the priority of an issue (3) On-line Support Incident Portal – clients can also escalate the priority of an issue by logging into the client incident portal and referencing the appropriate incident tracking number. Remote Support Tool Some support calls require further analysis of the client’s database, process or setup to diagnose a problem or to assist with a question. Tyler will, at its discretion, use an industry-standard remote support tool. Support is able to quickly connect to the client’s desktop and view the site’s setup, diagnose problems, or assist with screen navigation. More information about the remote support tool Tyler uses is available upon request. 44 City Council Agenda Item Report Agenda Item No. COV-422-2018 Submitted by: John Lau Submitting Department: Finance/ Treasury Meeting Date: December 4, 2018 SUBJECT Ratification of Warrant Registers to Record Voided Checks Recommendation: A. Ratify the following warrant registers to record voided checks: 1) Operating Account Warrant Register No. 11 to record voided Check No. 601391 in the amount of $1,184.00 issued 11/20/18 to Dr. David N. Stein. 2) Operating Account Warrant Register No. 11 to record voided Check No. 601411 in the amount of $109.00 issued 11/20/18 to Velasquez, Richard. Backgroud: Section 2.13 of the Vernon Municipal Code indicates warrants covering claims or demands against the City are to be presented to City Council for its audit and approval. As such, it is recommended that the City Council review and approve the ratification of the aforementioned warrant registers to record the voided checks listed. Fiscal Impact: None. ATTACHMENTS 45 City Council Agenda Item Report Agenda Item No. COV-423-2018 Submitted by: John Lau Submitting Department: Finance/ Treasury Meeting Date: December 4, 2018 SUBJECT Approval of RDA Obligation Retirement Account Warrant Register No. 48 Covering the Period of October 30 through November 26, 2018 Recommendation: A. Approve RDA Obligation Retirement Account Warrant Register No. 48 which totals $8,782.20 and consists of the following: 1) Ratification of electronic payments totaling $8,782.20. Backgroud: Section 2.13 of the Vernon Municipal Code indicates the City Treasurer, or an authorized designee, shall prepare warrants covering claims or demands against the City which are to be presented to City Council for its audit and approval. Pursuant to the aforementioned code section, the City Treasurer has prepared RDA Obligation Retirement Account Warrant Register No. 48 covering claims and demands presented during the period of October 30 through November 26, 2018, drawn, or to be drawn, from East West Bank for City Council approval. Fiscal Impact: None. ATTACHMENTS 1. RDA Obligation Retirement Fund Account Warrant Register No. 48 46 CrY OF VERNON RDA OBL:GAT10N RET:REMENT ACCOuNT WARRANT REGlSTER NO,48 DECEMBER 4′2018 I hereby certify that claims and/or demands included in above listed warrant register have been audited for accuracy and availability of funds for payments and that said claims and/or demands are accurate and that the funds are available for payments thereof. illo"*\)/t=H This is to certify that the claims or demands covered by the above listed warrants have been audited by the City Council of the City of Vernon and that all of said warrants are approved for payments except Warrant Numbers: Finance Director pO V1NBOL HrTotV Date: Printed:11ノ 27/20189:39:15AM 47 CrY OF VERNON RDA OBL:GAT:ON RET:REMENT ACCOUNT WARRANT REGiSTER NO.48 DECEMBER 4′2018 ELECrRONIC | |■. κ ∞UNT 」NVOICF ■・ 二 Rc# |‐|‐6灯 ET￡翌 冨 11‐ 罵 誦 鰤VEN00R NAM=AND‐、りMBER Nv“|IR IIIII■MOuNT DESCRI甲 o"|| ‐ ||| INVOiCE ‐ 005506- B[ST BEST&KRIEGER′LLP 022 1022.594200 S l′617 00 Re:Redevelopment Advice 832829 11/08/2018 23 S l′617.00 001413‐ BLX GROUP′LLC 022.1022.594200 5 2′250.00 Financial Advisory Services～ 022.1022.594200 S 2′250.00 Financia:Advisory Services～ 416127814100217 416127814100918 11/08/2018 24 5 4′500.00 002533‐BANK OF NEW YORK MELLON 022.1022.592010 S 2′665.20 Administration&Audit Conlrma●on Fees 2522147347 11/20/2018 25 S 2′665.20 TOTAL ELECTRONIC s 8,782.20 P"nted:11/27/20189:39:15AM PaRe 1 of 2 48 CrY OF VERNON RDA OBL:GAT:ON RFTIREMENT ACCOUNT WARRANT REGiSTER NO.48 DECEMBER 4′2018 RECAP BY FUND 022‐VERNON REDEVELOPMENT AGENCY S 8′78220 S EARLY CHECK TOTAL WARRANT TOTAL GRAND TOTALSELECTRONlC TOTAL o.oo s 8,782.200.00 S GRAND TOTAL TOTAL CHECК S TO BE PRINTED 0 S 8,782.20 S 0.00 S 0.00 5 8′782.20 Printed:11/27ノ 20189:39:lSAM PaRe 2 of Z 49 City Council Agenda Item Report Agenda Item No. COV-424-2018 Submitted by: John Lau Submitting Department: Finance/ Treasury Meeting Date: December 4, 2018 SUBJECT Approval of Operating Account Warrant Register No. 12 Covering the Period of November 13 through November 26, 2018 Recommendation: A. Approve Operating Account Warrant Register No. 12 which totals $10,656,453.21 and consists of the following: 1) Ratification of electronic payments totaling $10,421,172.06. 2) Ratification of the issuance of early checks totaling $211,345.95. 3) Authorization to issue pending checks totaling $23,935.20. 4) Voided check No. 601440, 601496 totaling $201.15. Backgroud: Section 2.13 of the Vernon Municipal Code indicates the City Treasurer, or an authorized designee, shall prepare warrants covering claims or demands against the City which are to be presented to City Council for its audit and approval. Pursuant to the aforementioned code section, the City Treasurer has prepared Operating Account Warrant Register No. 12 covering claims and demands presented during the period of November 13 through November 26, 2018, drawn, or to be drawn, from East West Bank for City Council approval. Fiscal Impact: None. ATTACHMENTS 1. Operating Account Warrant Register No. 12 50 CiTY OF VERNON OPERATlNG ACCOUNT WARRANT REGiSTER NO.12 DECEMBER 4,2018 I hereby certify that claims and/or demands included in above listed warrant register have been audited for accuracy and availability of funds for payments and that said claims and/or demands are accurate and that the funds are available for payments thereof. , ,""r,,'-,,il *',,,*** Finance Director,.." l;OVfnGett a; zUlb / This is to certify that the claims or demands covered by the above listed warrants have been audited by the City Council of the City of Vernon and that all of said warrants are approved for payments except Warrant Numbers: Void Checks: 601440, 601496 Printed:11ノ 27/201810:25:S6AM 51 CiTY OF VERNON OPERATING ACCOUNT WARRANT REGiSTER NO。12 DECEMBER 4′2018 000714‐ CALP[RS 011.210240 S 020.210240 S 055.210240 S 056.210240 S 057.210240 S 011.210240 S 020.210240 S 055.210240 S 056.210240 S 057.210240 S 011.210240 S 011.210240 S 011.210240 S 011.1004.530034 S Ben211401 Ben211401 Ben211401 Ben211401 Ben211401 Ben211401 Ben211401 Ben211401 Ben211401 Ben211401 Ben211401 Ben211401 Ben211401 Ben211401 202,578.34 PERS Contributions: Payment 8,148.48 PERS Contributions: Payment 33,733.15 PERS Contributions: Payment 3,315.95 PERS Contributions: Payment 585.40 PERS Contributions: Payment 186.93 PERS Survivor's Benefit: Payment 13.29 PERS Survivor's Benefit: Payment 35.53 PERS Survivor's Benefit: Payment 3.72 PERS Survivor's Benefit: Payment 0.47 PERS Survivor's Benefit: Payment 308.85 PERS Buy-back: PaYment 28.35 PERS Contributions: PaYmenr 2.20 PERS Contributions: Paymenr -0.05 Rounding adjustment 11/13/2018 7624 S 248′881.60 004074-STAT[DISBURSEMENT UNIT 011.210260 011.210260 011.210260 011.210260 055.210260 969.23 Chi!d Support:Pavment l′402.15 Chld Support:Pavment 78.92 Child Support:Pavment 53.07 Chi!d Support:Pavment 368.76 Child Support:Pavment Ben211409 Ben211409 Ben211409 Ben211409 Ben211409 2′872.13 P"nted:11ノ 27ノ201810:25:56AM 11/13/2018 7625 S Page l of 50 52 CrY OF VERNON OPERATING ACCOUNT WARRANT REGlSTER NO.12 DECEMBER 4′2018 006366-AUDiO VISUAL iNNOVAT10NS′!NC 011.9019.595200 5 78,942.77 Dispatch Center Up8rades 11/13/2018 7626 S 78,942.77 003049-PETRELL:ELECTR:C′:NC 055.200400 S l,328′664.95 Electric Service Maintenance 180220 11/13/2018 7627 5 1′328′664.95 Printed:11′27ノ201810:25:56AM Page 2 of 50 53 CITY OF VERNON OPERAT:NG ACCOUNT WARRANT REGiSTER NO。12 DECEMBER 4,2018 002412‐CAL:FORN:A:SO 0559200.500150 5 128′48331 055.9200.500210 5 8′594.70 0559200.500170 S -6′657.95 055.9200.500190 S ‐10′653.47 055.9200.500150 S 96′052.44 055.9200.500170 S l,135′478.22 055.9200.500180 S 60′081.96 055.9200.500210 5 7′997.07 055.9200.500240 S 7′503.73 055.9200.500190 S -4′582.07 055.9200.500150 S ll′127.22 0559200.500190 5 218.16 055.9200.500210 5 56.97 055.9200.500170 S ‐3′572.14 !nijal Charges l1/18 :ni●a!Charges l1/18 :nitial Charges l1/18 :ni●a!Charges l1/18 :ni●al Charges 10/18 :ni●a:Charges 10/18 ini●a:Charges 10/18 :ni●a:Charges 10/18 ini●a:Charges 10/18 1nitia!Charges 10/18 Reca!cula●on Charges 10/18 ReCalcula●on Charges 10/18 Reca:cu:ation Charges 10/18 Recalcu!ation Charges 10/18 201811063440140 976 201811063440140 976 201811063440140 976 201811063440140 976 201811063440140 976 201811063440140 976 201811063440140 976 201811063440140 976 201811063440140 976 201811063440140 976 201811063440140 976 201811063440140 976 201811063440140 976 201811063440140 976 Pnnted:11/27/201810:25:56AM Page 3 of50 54 CiTY OF VERNON OPERATlNC ACCOUNT WARRANT REGiSTER NO。12 DECEMBER 4′2018 002412‐CAL:FORN:A:SO 055.9200500150 S 055.9200.500170 S 055.9200.500180 S 055.9200.500190 S 055.9200.500170 S 055.9200.500150 S 055.9200.500190 S 055.9200.500150 S 055.9200.500190 S Recalculation Charges 01/18 Recalculation Cha rges 01/18 Recalculation Cha rges 01/18 Recalculation Charges 01/18 Recalculation Charges 04/17 Recalculation Charges 04/17 Recalculation Charges 04/17 Recalculation Cha rges 10/15 Recalcu lation Charges 10/15 201811063440140 976 201811063440140 976 201811063440140 976 201811063440140 976 201811063440140 976 201811063440140 976 201811063440140 976 201811063440140 976 201811063440140 976 69.38 -2′924.97 ‐4.88 -3.18 85。74 ‐81.95 ‐13.40 725.08 4.56 11/13/2018 7628 5 1′427′984.53 005929‐ACCELA′:NC 011.9019.595210 S 1,750.00 EnvisionConnect/EnvisionC6nnect Remote :NVACC42453 0110012989 11/15/2018 7629 5 1′750.00 001490‐ALL CITY MANAGEMENT SERViCES 0111031.594200 011.1031.594200 924.96 School Crossing Guard Services 1,156.20 School Crossing Guard Services 56531 56886 2′081.16 P"nted:11/27/201810:25:56AM 11/15/2018 7630 S Page 4 of 50 55 CnY OF VERNON OP[RAT:NG ACCOUNT WARRANtt REGttTER NO。12 DECEMBER 4′2018 ELECrRONIC ACCOuNr lNVOiCE PAYMENT PAVMENT PAVMENI VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIP■ON lNV01CE P.0.# DATE NUMBER AMOUN「 005035-AMERICAN P∪BLIC POWER 055 9000 596550 S 9′021 91 DEED Program Annual Dues l10518 ASSOC l1/15/2018 7631 S 9′02191 005067‐ B10FUEL GENERAT!ON 055.9200.500162 S 103,353.50 Blomethane 10/18 SERV:CES′LRPS102018 11/15/2018 7632 5 103′353.50 000447‐CDW GOVERNMENT′:NC. 011.9019.520010 S 237.54 Sierra Wireless‐antenna～ PGN9518 011.0013411 011.9019.520010 S 22.57 Sa:es Tax 9.5% PGN9518 011.9019.520010 S l,321.12 Sierra Wire:ess AirLink GX450‐gatewav PJZ1848 011.0013411 011.9019.520010 S 125.51 Sales Tax 9.5% PJZ1848 011.9019.520010 S 2′585.40 DragOn Natura::ySpeaking Home{v.13)― PPF9122 011.0013411 011.9019.520010 S 245.61 Sa:es Tax 9.5% PPF9122 11/15/2018 7633 S 4′537.75 001729‐GOVCONNECT10N′!NC 011.9019.520010 5 801.73 Bundle Havis Docking Station fbr 56152501 011.0013418 011.9019.520010 S 76.16 Sa:es Tax 9.5% 56152501 011.9019.520010 S 3′351.85 Toughbook 31 Core i5‐5300U2.3GHz/4GB 56210778 011.0013418 011.9019.520010 5 5.00 State Environmental Fee 56210778 011.0013418 011.9019.520010 S 318.43 Sa:es Tax 9.5% 56210778 011.9019.520010 S 250.15 3‐Vear Protection Panasonic Persona: 56226000 011.0013418 11/15/2018 7634 5 4′803.32 006445‐!NNOVYZE′:NC 011.9019.590110 S l′530.00 !nfoWater Floa●ng(1′000 Links}- 180857415 011.0013471 11/15/2018 7635 S l′530.00 P"nted:l1/27/201810:25:56AM Page S of 50 56 CiTY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO。12 DECEMBER 4′2018 003606‐ lNS:GHT PUBLIC SECTOR′:NC 011.9019.520010 011.9019.520010 011.9019.520010 011.9019.520010 3′432.37 Panasonic Toughbook 31-Core i5～ 5.00 EVVR Fee 326.08 Sa:es Tax 9.5% 249.16 Panasonic Protecjon Plus―Accidenta:SSSS1100625306 1100625306 1100625306 1100626314 011.0013405 011.0013405 011.0013405 11/15/2018 7636 5 4′012.61 005032- MUNiSERVICES′LLC 011.1004.595200 S 3,750.00 UUT Q3′2018 lNV06003813 11/15/2018 7637 S 3′750.00 001079-SIEMENS MOB:L:TY′:NC 011.1043.590000 S 0111043.590000 S 011.1043.590000 S 0111043.590000 S 3′239.00 Trattc Signa,Maintenance 2′394.24 TrafFic Signal Maintenance 2′400.00 Trattc Signal Maintenance 3′688.87 Traffic Signa:Maintenance 5610128267 5620018168 5620018264 5620022636 11/15/2018 7638 S 11,722.11 p●nted:l1/27/201810:25:56AM PaRe 6 of 50 57 C口 Y OF VERNON OPERATING ACCOUNT WARRANT REGiSTER NO。12 DECEMBER 4′2018 006236-SUEZ WrS SERV:CES USA′:NC 011.1033.590000 011.1033.590000 011.1033.590000 011.1033.590000 011.1033.590000 011.1033.590000 011.1033.590000 011.1033.590000 011.1033.590000 011.1033.590000 011.1033.590000 011.1033.590000 011.1033.590000 011.1033.590000 011.1033.590000 011.1033.590000 011.1033.590000 011.1033.590000 011.1033.590000 011.1033.590000 011.1033.590000 99.04 Water Purification Services 99.04 Water Purification Services 90.28 Water Purification Services 56.94 Water Purification Services 55.94 Water Purification Services 99.04 Water Purification Services 99.04 Water Purification Services 90.28 Water Purification Services 113.88 Water Purification Services 56.94 Water Purification Services 227.76 Watet Purification Services 113.88 Water Purification Services 99.04 Water Purification Services 99.04 Water Purification Services 90.28 Water Purification Services 56.94 Water Purification Services 170.82 Water Purification Services 55.94 Water Purification Services 99.04 Water Purification Services 99.04 Water Purification Services 90.28 Water Purification Services 99362354 99362355 99363675 99372443 99372544 99404494 99404495 99405553 99410733 99410931 99411036 99412723 99451482 99451483 99452082 99455959 99456055 99456056 99496546 99496547 99497526 7639 5 2′064.48 P“nted:l1/27/201810:25:56AM 11/15/2018 Page 7 of 50 58 CITY OF VERNON OPERATlNG ACCOUNT WARRANT REG:STER NO。12 DECEMBER 4′2018 002310‐VIRGINIA TRANSFORMER CORP O55.91OO.9OOOOO S 205,947,80 Three Phase Power Transformer 11/15/2018 7640 S 205′947.80 001695‐VULCAN MATER:ALS CO 020.1084.520000 020.1084.520000 0201084.520000 71953254 71967511 71967512 011.0013274 011.0013274 011.0013274 11/15/2018 7641 S 006452‐ KASSiDY SIMPKINS 011.200100 676.75 Refund October 2018 Payment-Ref000211726 11/15/2018 7642 S 67675 P"nted:11ノ 27/201810:25:56AM Page 8 of 50 59 ClTY OF VERNON OPERAT:NG ACCOUNT WARRANT REGiSTER NO.12 DECEMBER 4′2018 005460- ETC DEPOT 011.9019.520010 0119019.520010 011.9019.520010 011.9019.520010 011.9019.520010 011.9019.520010 011.9019.520010 011.9019.520010 0119019.520010 011.9019520010 011.9019.520010 011.9019.520010SSSSSSSSSSSS 590.00 2MP"WDR∥HDCVI BULLET CAMERへ 2.7 12MM 65.00 DC12V′10AMP,9CH′POWER SUPPLY 73.00 DC12V′20AMP′18CH′POWER SUPLLY 2.20 MALEP:GTA:L 69.37 Sales Tax 9.5% 789.00 Stock#PCVW2A130XDW～ 74.96 Sa:es Tax 9.5% 1′652.00 Stock#CCVWB2DlWZ～ 73.00 Stock#PB-20A18E～ 3 08 Stock#PT―M～ 335.00 Stock#X162ST～ 195.99 Sales Tax 9.5% 907975 907975 907975 907975 907975 907979 907979 907985 907985 907985 907985 907985 011.0013424 011.0013424 011.0013424 011.0013424 011.0013449 011.0013450 011.0013450 011.0013450 011.0013450 11/15/2018 7643 S 3′922.60 001581‐THE GAS COMPANY 011.1049.560000 011.1043.560000 020.1084.560000 011.1049.560000 011.1043.560000 020.1084.560000 130.59 Period:08/18 65.29 Period:08/18 65.30 Period:08/18 322.79 Period:09/18 161.40 Period:09/18 161.40 Period1 09/18 091118(2) 091118{2) 091118(2) 101118{3) 101118(3) 101118(3) 906.77 Pnnted:l1/27/201810:25:56AM 11/15/2018 7644 5 Page 9 of 50 60 CnY OF VERNON OPERAT:NG ACCOUNT WARRANT REGiSTER NO。12 DECEMBER 4′2018 ELECrRONiC ACCOuNT INV●ICE PAVMENは PAVMEN「 PAYMENF VENDOR NAME AND NUMBER NUMBER AMOuNT DttRIPT:ON :NVOiCE P.0。# DATE NUMB[R AMOuNT 002412-CALiFORN:A!SO 055.9200.500150 S 293,962.97 lnitial Charges 11/18 055.9200.500170 S 3,044.12 lnitial Charges 11118 055.9200.500210 s 15,261.71 lnitial charges 11118 055.9200.500190 S -10,788.22 lnitial Charges 11/18 055.9200.500150 S -gsg.g2 Recalculation Charges 10/18 055.9200.500170 5 -3,127.40 Recalculation charges 10/18 055.9200.500190 S 055。9200.500210 S ‐23.96 Reca:cu:a●on Charges 10/18 -10.80 Recalculation charges 10/18 201811133140183 084 201811133140183 084 201811133140183 084 201811133140183 084 201811133140183 084 201811133140183 084 201811133140183 084 201811133140183 084 11/20/2018 7645 5 297′459.50 005801‐MATTHEW CEBALLOS 011.1003.502030 S 255.00 Vision Beneits/L.Ceba∥os 11/20/2018 7646S 255.00 003467‐CHRiST!NA R!VERA 055.7100.502030 S 304.00 Vision Benents/B.Rivera 103018 11/20/2018 7647 S 304.00 002458‐ABB′lNC 35′726.00 Pnnted:11ノ 27/201810:25:56AM 055.9200.595200 S 35,7 26.O0 Advisory Services 7104024105 11/20/2018 7648 S Page 10 of 50 61 C]TY OF VERNON OPERAT:NG ACCOUNT WARRANT REGiS「ER NO.12 DECEMBER 4′2018 005614- NORTHWEST ELECTRICAL SERV!CES′ 055.8100596700 0558200.596200 020.1084.900000 10′584.00 Technical Design Services 504.00 Technical Design Services 15,086.42 Technica:Design Services 1733 1733 1733 11/20/2018 7649 5 26′174.42 005356‐ HEMA PATEL 011.1024.596500 011.1024.596500SS 15.00 Applied lnnovation Meeting 14.00 League of CA Cities Annual Conference 101818 101818(2) 11/20/2018 7650 S 29.00 001649‐PIC ENV!RONMENTAL SERViCE CORP 011.1023.900000 S 7,101.00 Consulting Services 15643 11/20/2018 7651 S 7′101.00 005925‐SH::NTERNAT:()NAL CORP 011.9019.590110 S 011.9019.590110 S 011.9019.590110 5 011.9019.590110 S 011.9019.590110 S 011.9019.590110 S 1,308.89 Software Subscription and Support for L,862.22 Software Subscription and Support for 755.56 Software Subscription and Support for 1 1,318.89 Software Subscription and Support for 2,276.67 Software Subscription and Support for 885.57 Software Subscription and Support B09040279 B09040279 B09040279 B09040279 809040279 B09040279 011.0013466 011.0013466 011.0013466 011.0013466 011.0013466 011.0013466 7652 5 8′418.90 P“nted:11/27/201810:25:56AM 11/20/2018 Page ll of 50 62 CrY OF VERNON OPERAT:NG ACCOUNT WARRANT REGISTER NO.12 DECEMBER 4′2018 004437‐SO CALLAND MAINTENANCE′:NC 011.1049.590000 S 011.1049.590000 S 011.1049.590000 S 2,685.00 Grounds Maintenance Services- 2,585.00 Grounds Maintenance Services- 2,685.00 Grounds Maintenance Services- 7552 7655 7674 11/20/2018 7653 S 8′055.00 002227‐ US DEPARTM[NT OF ENERGY 0559200500150 055.9200.500180 31′130.93 Bou:der Canvon Project Charges 10/18 17′694.37 Boulder Canvon Prolect Charges 10/18 GG1766W1018 GG1766W1018 11/20/2018 7654 S 48′825.30 006120‐WESTERN ALL:ED CORPORAT10N 011.1049.590000 S 5′840.00 Heajng System Repairs 901544 11/20/2018 7655 S 5′840.00 003336-31C[NT{CAL:FORNIA} MALBURG LL 055。9200.500150 055。9200.500180 055.9200.500150 347′223.86 Energy Related Pavment 3′486′852.25 Capacitv Pavment ‐2′976.82 Fue:Burden 10201801 10201801 10201801 11/20/2018 7656 S 3′831′099.29 006411- POINT EMBLEMS′LLC 011.4031.550000 011.4031.550000 011.4031.550000 1′312.50 CHALLENGE COiNS～ 35.00 Freight 124.69 Sales Tax 9.5% 7704 7704 7704 011.0013416 011.0013416 1′472.19 P"nted:l1/27/201810:25:56AM 11/20/2018 7657 S PaRe 12 of 50 63 CilY OF VERNON OPERAT:NG ACCOUNT WARRANT REGiSTER NO.12 DECEMBER 4′2018 006373- H:GH DESERT POWER PROJECr「,LLC 055.9200.500180 S 49′610 00 Energy Puにhase l1/18 !NV00000124 11/20/2018 7658 S 49′610.00 055.9200.500180 S 9′500 00 Capac:tv Charges 10/18 PCPl12018193809006314-NRG POWER MARKET!NG′ LLC 11/20/2018 7659 5 9′500.00 000447‐CDW GOVERNMENL iNC.011.9019.520010 011.9019520010 011.9019.520010 011.9019.520010 2′384.71 Microsoft Surface Book 2‐15"‐Core S.00 RECYCL:NG FEE 4"TO LESS THAN 15"～ 29.01 Freight 226.55 Sa!es Tax 9.5% PRT3684 PRT3684 PRT3684 PRT3684 011.0013470 011.0013470 011.0013470 11/23/2018 7660 S 2′645.27 005108-JEMMOtt ROLLiNS GROUP′ 011.1021.797000 S iNC 13,750.00 Professional Services OCT18 11/23/2018 7661 S 13′750.00 006198‐JRM 011.1031.596200 055.8100.596200 22′710.00 Security Services 36′330.67 Security Services 3043 3064 11/23/2018 7662 S 59′040.67 005166‐JAMES M00RE 011.1041.596500 S 87.20 CALBO Education 102218 11/23/2018 7663 5 87.20 006449- LANCASTER CHO!CE ENERGY 055.9200.500180 S 7664 5 29′400.00 P●nted:11ノ 27/201810:25:56AM 29,400.00 ResourceAdequacY !190000976 11/23/2018 Page 13 of 50 64 CiTY OF VERNON OPERAT:NG ACCOUNT WARRANT REGiSTER NO。12 DECEMBER 4′2018 ELECrRONIC AC00UNT INVOICE PAYMENT PAVMENI PAYMENr VENDOR NAME AND NuMBER NUMBER ‐ AMOuNT DESCRIP■ON :NVOICE P.0.# DATE NUMBER AMOUN7 005604‐SEQUENT ENERGY 055.9200.550022 5 52′717.81 Natura:Gas 10/18 MANAGEMEN■LP 38112692 11/26/2018 7665 5 52′717.81 001994‐ BP ENERGY COMPANY 055 9200.550022 5 25′993.00 Natural Gas 10/18 1483223 11/26/2018 7666 S 25′993.00 000153-C:TIGROUP ENERGY′!NC 055.9200.550022 S 170′586 18 Pre―Paid COV Reta∥ 055。9200.450026 5 47,275.00 Pre‐Paid SMUD 7585734 7585734 11/26/2018 7667 S 123′31118 004116-EDF TRAD:NG NORTH 055.9200.550022 5 230′300.00 Natura:Gas 10/18 AMER:ゝ ,LLC 115688 11/26/2018 7668 5 230′300.00 006262‐MERCURIA ENERGY 055.9200.500160 S 177′065.03 Natural Gas 10/18 AMERICA′:NC 2429655 11/26/2018 7669 5 177′065.03 005870‐OCC:DENTAL ENERGY 055 9200.550022 5 9′031.00 Natura!Gas 10/18 MARKET:NG′!4126413 11/26/2018 7670 S 9′031.00 005908-PAC:FiC SUMM:T ENERGY′ 055.9200.500160 5 29,700.00 Natura:Gas 10/18 LLC 11/26/2018 7671 5 29′700.00 P“nted:l1/27/201810:25:56AM 222574 Page 14 of 50 65 CITY OF VERNON OPERATING ACCOuNT WARRANT REG:STER NO.12 DECEMBER 4′2018 056.5600.520000 S 359.37 Building Materials & Hardware-092018 MULTIPLE 011.0013200001552‐HOME DEPOT CREDIT SERV!CES 11/23/2018 7672 S 35937 001552‐HOME DEPOT CREDIT SERV:CES 055.8400.590000 055.8400.520000 056.5600.520000 304.57 Hardware Supplies～ 120 62 Hardware Supplies～ 286.08 Building supp:ies～ 092418 MULT:PLE 055.0002674 092418 MUピ「:PLE 055.0002674 092618 MUビ「lPLE 056.0000514 11/23/2018 7673 S 711.27 000059-SO CALED:SON 055.8100.560010 011.1043.560000 37.83 Period:10/18 33.52 Period:10/18 102918 102918(2) 11/23/2018 7674 S 71.35 000249‐ FEDEX 011.1003.520000 011.1024.510000 055。9000.520000 50.82 Period:10/18 62.29 Period:10/18 88.64 Period:10/18SSS 635784819 635784819 635784819 11/26/2018 7675 S 201.75 002190‐OFF:CE DEPOT 011.1043.520000 011.1004.520000 170.69 0fice Supplies 207.32 0fFice Supplies 207671241001 219286784001 11/26/2018 7676 S 378.01 002190‐OFF:CE DEPOT 222.51 P"nted:11/27/201810:25:56AM 056.5600.520000 S 222.51 0fice Supplies 219373043001 11/26/2018 7677 S Page 15 of 50 66 CITY OF VERNON OPERATING AC00UNT WARRANT RECiSTER NO.12 DECEMBER 4′2018 001617‐ UPS 011.1048.520000 011.1033.520000 0111041.520000 055.8000.590000 011.1041520000 011.1041.520000 011.1033.520000 32.77 Period:10/18 13.38 Period:10/18 36.16 Period:10/18 26.70 Period:11/18 55.41 Period:11/18 63.17 Period:11/18 29.21 Period:11/18SSSSSSS 933312438 933312438 933312438 933312448 933312448 933312458 933312458 11/26/2018 7678 5 25680 055.9200.500160 S 363′700.59 Natural Gas 10/18 101813305006298-CIMA ENERGY′LP 11/26/2018 7679 5 363′700.59 006086‐MACQUAR!E ENERGY′LLC 055。9200.500160 5 936′012.84 Natural Gas 10/18 GAS:00104956 11/26/2018 7680 S 936′012.84 001635‐EMPLOYMENT DEVELOPMENT DEPT 011.210210 020210210 055.210210 056.210210 057.210210 011.210210 011.210210 57′653.68 1,958.49 10′287.76 1′028.44 194.26 ‐611.18 1′197.11SSSSSSS State Withholding: Payment State Withholding: PaYment state withholding: Payment State Withholding: Payment State Withholding: PaYment State Withholding: Payment- State Withholding: PaYmenr Ben211791 3en211791 Ben211791 Ben211791 Ben211791 3en211791 Ben211791 71′708.56 P"nted:11ノ 27ノ201810:25:56AM 11/23/2018 7681 S Page 16 of 50 67 CITY OF VERNON OPERAT:NG ACCOUNT WARRANT REGISTER NO.12 DECEMBER 4′2018 003407-VERNON POL!CE OFF:CERS BENEFIT 011.210250 1,902.25 Police Association Member Dues: Payment Ben211799 11/23/2018 7682 5 1′902.25 005392-TEAMttERS LOCAL 911 011210250 020.210250 055.210250 057.210250 011.210250 2,034.00 Teamsters Local 911 Dues: Payment 360.00 Teamsters Local 911 Dues: Payment 172.80 Teamsters Local 911 Dues: Payment 7.20 Teamsters Local 911 Dues: Payment -18.00 Teamsters Local 911 Dues: - Ben211789 Ben211789 Ben211789 Ben211789 Ben211789 11/23/2018 7683 S 2′556.00 011.210250 3,22t.00 Fire House Fund: PaYment Ben211803003141‐VERNON FIREMENS ASSOC:AT10N 11/23/2018 7684 S 3′221.00 003168‐:CMA RET:REMENT TRU釘 457 011.210220 020.210220 055.210220 056.210220 057.210220 S 30′62113 5 880.84 5 7′751.10 S l′325.53 5 95.00 Deferred Compensation: Payment Deferred Compensation: PaYment Deferred Compensation: Payment Deferred Compensation: Payment Deferred Compensation: Payment Ben211793 Ben211793 Ben211793 Ben211793 Ben211793 11/21/2018 7685 S 40′673.60 003146-C:lY OF VERNON′FSA ACCOUNT 011.100013 011100013 520.45 FSA- Dependent: Payment 288.45 FSA - Medical: Payment Ben211797 Ben211797 908.90 Printed:11/27/201810:25:56AM 11/21/2018 7686 S Page 17 of 50 68 CrY OF VERNON OPERAT:NG ACCOUNT WARRANT REGlSTER NO.12 DECEMBER 4′2018 ELECrRONIC 000714-CALPERS 轟t品 1轟 1ふ ご鳥 `畠 uM「‐‐1丁 朧 | ||1淵 轟:鳳 ip.。N■●T・ ‐‐丁■―~_■ ■ヽ■叩■|ド l ttM露 棚 篤I NUMBER ■■AMOUNす 01SCRIPT10N III‐ ■|. INVOiCF ■|I P.o,■ ■|・ DATE■ Ben211795 Ben211795 Ben211795 Ben211795 Ben211795 Ben211795 Ben211795 Ben211795 Ben211795 Ben211795 Ben211795 Ben211795 Ben211795 Ben211795 011.210240 S 208′414.91 PERS Contribu●ons:Pavment 020.210240 5 8′302.05 PERS Contribu●ons:Pavment 055.210240 S 33′922.85 PERS Contributions:Pavment 056.210240 S 3′360.57 PERS Contribu●ons:Pavment 057.210240 5 585.39 PERS Contributions:Pavment 011.210240 S 186.93 PERS Survivoris Beneit:Pavment 020210240 S 13.29 PERS Survivorts Benefit:Pavment 055.210240 S 35.54 PERS Survivor's Beneiti Pavment 056.210240 S 3.72 PERS Survivoris Benenti Pavment 057.210240 5 0.46 PERS Survivor:s Benent:Pavment 011.210240 S 308.85 PERS Buv‐back:Pavment 011210240 S ‐28.35 PERS Contributions:Pavment adり .～ 011.210240 S ‐2.20 PERS Contribu●ons:Pavment adi.～ 011.1004530034 S ‐0.24 Rounding adiuStment 11/26/2018 7687 S 255′103.77 Pnnted:l1/27ノ 201810:25:56AM Page 18 of 50 69 CiTY OF VERNON OPERAT:NG ACCOuNT WARRANT REG:STER NO。12 DECEMBER 4′2018 ELECrRONiC ACCOUNT INVOiCE PAYMEN「 PAVMENT PAYMENT VENDOR NAME AND NUMBER NUMBER AMOuNT DttК R]P■ON :NV01CE P.0。# DATE NUMBER AMOUNr 004075‐THE DEPARTMENT OF THE TREASURY 011.210210 020.210210 055.210210 056.210210 057.210210 011.210210 020.210210 055.210210 056.210210 057.210210 011.210210 011.210210 011.210210 011.210210 011.210210 011.210210 011.210210 Ben211783 Ben211783 Ben211783 8en211783 Ben211783 Ben211783 Ben211783 Ben211783 Ben211783 Ben211783 Ben211783 8en211783 8en211783 Ben211783 Ben211783 Ben211783 Ben211783 S 138,007.79 Federal Withholding: Payment S 5,008.99 Federal Withholding: Payment 5 23,442.94 Federal Withholding: Payment S 2,590.35 Federal withholding: Payment S 421.90 Federal Withholding: Payment S 31,191.95 Medicare: Payment S 1,479.38 Medicare: Payment S 6,443.29 Medicare: Payment S S8Z.S4 Medicare: Payment S tzl.ts Medicare: Payment S 418.52 Social Security Tax: Payment S -2,037.26 Federal withholding: Paymenr S -268.54 Medicare: Paymenf S 3,990.37 Federal withholding: Paymenf S SZS.O0 Medicare: Paymenr S -99.44 Medicare: Paymenr S -1.16 Medicare: Paymenr 11/23/2018 7688 5 211′881.17 S10′421′172.06 Pnnted:l1/27/201810:25:56AM TOTAL ELECrRON:C Page 19 of 50 70 CITY OF VERNON OPERATlNG ACCOuNT WARRANT REGISTER NO.12 DECEMBER 4′2018 000946-ALHAMBRA FOUNDRY CO LTD 011.120010 011.120010 011.120010 4,472.OO Cast lron - Riser Pipe Caps, Marked 15O.OO Setup & Special Marking Charge.- 439.09 Sales Tax 9.5% 111053 111053 111053 011.0013279 011.0013279 11/15/2018 601415 S 5,061.09 000314‐ANGEL CiTY DATA′:NC 011.9019.590110 011.9019.590110 011.9019.590110 011.9019590110 450.00 ANGEL CITγ DATA′LLC wi∥provide l,000.00 ANGEL CiTY DATA′LLC wi∥provide 100.00 ANGEL CITY DATA′LLC wi∥provide l,000.00 ANGEL CITY DATA′LLC wi∥provide 16294 16340(2) 16384 16427 011.0012585 011.0012585 011.0012585 011.0012585 11/15/2018 601416 S 2′550.00 005662‐ANIXTER′:NC 055.8000.900000 055.8000.900000 055.8000.900000 3′681.78 86052～ 5,123.82 190502Rl～ 836.53 Sa:es Tax 9.5% 399118500 399118500 399118500 055.0002694 055.0002694 11/15/2018 601417 S 9′642.13 002308-ASBURY ENV!RONMENTAL SERV!CES 055.8400.590000 055.8400.590000 210.37 Environmental Services 2LI.47 Environmental Services 150000376200 :50000376267 11/15/2018 601418 S 421.84 Printed:11/27/201810:25:56AM Page 20 of 50 71 C]TY OF VERNON OPERAT:NG ACCOUNT WARRANT REGISTER NO。12 DECEMBER 4′2018 001948-AT&T 0119019.560010 0119019.560010 011.9019.560010 055.9000.560010 011.9019.560010 011.9019.560010 056.5600.560010 056.5600.560010 011.9019.560010 011.9019.560010SSSSSSSSSS 20.59 Period:09/06/18-10/05/18 2′552.49 Period:09/10/18-10/09/18 18.94 Period:09/10/18-10/09/18 227 88 Period:09/10/18‐10/09/18 1′239.74 Period:09/10/18‐10/09/18 1′316.94 Period:09/10/18‐10/09/18 592.19 Period:09/10/18-10/09/18 20.59 Period:09/10/18-10/09/18 1′082.64 Period:09/10/18‐10/09/18 18.95 Period:09/15/18-10/14/18 12009116 12018645 12018646 12018647 12018648 12018649 12018650 12018749 12019081 12061267 11/15/2018 601419 S 7′090.95 001948-AT&T 055.9200.560010 055.9200.560010SS 152.00 Period:09/19/18‐10/18/18 331.52 Period:10/19/18‐11/18/18 1583424400 3105274097 11/15ノ 2018 601420 S 483.52 006293-3‐L!NE:NVES「IGAT10NS′lNC 011.1031.596200 S 4,292.62 Backgrou nd I nvestigation Services 1018 11/15/2018 601421 S 4′292.62 011.1026.550000 S 100.00 Job Pos●ngγ 10820000395‐ CAEHA 100.00 Printed:11ノ 27/201810:25:56AM 11/15/2018 601422 S Page 2■of 50 72 CrY OF VERNON OPERAT:NG ACCOUNT WARRANT REG:STER NO.12 DECEMBER 4′2018 000818‐CAM!NO REAL CHEVROLET 011.1046.520000 011.1046.520000 011.1046.590000 011.1046.520000SSSS 6.45 19330000 oil filter 41.04 19352900 dexos synthetic engine oil 10.62 Labor to perform oil change with filter 4.51 Sales Tax 9.5% CVCS148054 CVCS148054 CVCS148054 CVCS148054 011.0013356 ol1 0013356 011.0013356 11/15/2018 601423 5 62.62 011.1060.595200 S 4,226.50 Animal Control Services-232700001473‐CllY OF DOWNEY 11/15/2018 601424 S 4′226.50 003846‐CiTY OF HUNT:NGTON PARK 0111031.594200 5 011.1031.594200 S 6′393.50 Prisoner Booking Log o5/18 5′478.99 Prisoner Booking Log o6/18 19595 19602 11/15/2018 601425 S 11′87249 001456‐C!lY OF MONTEBELLO 011.1033.594000 S 31′680.00 iC:S Subscription Fee 201900000003 11/15/2018 601426 S 31′680.00 003088‐CLINiCAL LAB OF SAN BERNARD!NO 0201084.500140 S 724.00 Lab Services 964911 11/15/2018 601427 S 72400 005113‐COLANTUONO′H!GHSMITH &WHATLE 011.1003.596300 011.1003.596300 248.00 Re:Elec●on Advice 62.00 Re:E!ec●On Advice 35433 37117 11/15/2018 601428 5 310.00 000956‐CROSSPOiNT NETVVORK SOLUT10NS′312.59 P"nted:l1/27/2018102,S6AM 011.9019.520010 S 312.59 lnstall Additional Speaker !N20181470 11/15/2018 601429 5 Page 22 of 50 73 CiTY OF VERNON OPERAT:NG ACCOUNT WARRANT REGiSTER NO.12 DECEMBER 4′2018 EARLV CHECKS ACCOUNT INVOiCE PAYMENT CHECX PAYMEN「 VENDOR NAME AND NUMBER NUMBER AMOuNT DESCR:P■ON INVOICE P.0。# DATE NUMBER AMOUNr 002566- DEVVEY PEST CONTROL 011.1049.590000 S 100.00 Pest Contro:Services 011.1048.596200 S 95.00 Pest Contro:Services 011.1048.596200 S 135,00 Pest Controi Services 011.1048.596200 5 75.00 Pest Contro!Services 011.1049.590000 5 62.00 Pest Contro:Services 011.1049.590000 S 67.00 Pest Contro:Services 011.1049.590000 S 42.00 Pest Contro:Services 12125164 12125165 12125166 12125167 12125168 12125169 12151201 11/15/2018 601430 5 576.00 000236‐ DIESELTRON′:NC 011.1046.520000 S 221.63 B6G motorcraft 6G specia∥v rnodined 27724 011.0013350 011.1046.520000 S 21.05 Sales Tax 9.5% 27724 11/15/2018 601431 S 242.68 001936‐ EMP:RE CLEAN:NG SUPPLY 011.120010 S 39.00 0515‐375 Spot:ess RTU Glass CleaneL 4 1070935 011.0013451 011.120010 S 23.28 0515‐415 Baking Soda Arm&Hammeら 24 1070935 011.0013451 011.120010 S l15.20 0515-420 Mango Eco C!ip′12 per bo為 1070935 011.0013451 011.120010 S 62.40 0515‐425 B!each Germicidal U:tra′6‐1 1070935 011.0013451 011.120010 5 1,070.00 0552‐670 Lotusoft White 2‐p:v Tbi:et 1070935 011.0013451 011.120010 S 3′128.00 0552‐800 GP White Multifold Towe: 1070935 011.0013451 011.120010 5 421.60 Saies Tax 9.5% 1070935 11/15/2018 601432 5 4′859.48 Printed:11/27/201810:25:56AM Page 23 of 50 74 CiTY OF VERNON OPERAT]NG ACCOuNT WARRANT REGiSTER NO。12 DECEMBER 4′2018 006079- ETE FACTORY OUTLET′!NC 011.1033.596700 oll.1033.596700 011.1033.596700 011.1033.596700 56.10 15ib Slam Ba∥ 151.30 20ib PRO Wa∥Ba∥ 92.65 Sma∥PIYO BOX 16"‐18∥-20∥ 28 50 Sa!es Tax 9.5% 3700 3700 3700 3700 011.0013452 011.0013452 011.0013452 11/15/2018 601433 S 328.55 0111033520000 S 90.95 Period:10/18 4686778095000249‐ FEDEX FRE:GHT 11/15/2018 601434 S 90.95 004035‐GTO AUTO GLASS 011.1046.590000 011.1046.520000 011.1046.590000 011.1046520000 75.00 Labor only to repair chip on front 11O.OO New window regulator with motor assy. 55.00 Labor to replace window regulator with 10.45 Sales Tax 9.5% 10487516 10487533 :0487533 10487533 011.0013347 0110013349 011.0013349 11/15/2018 601435 S 250.45 005173‐:NVESrlGAT:VE POLYGRAPH SVC 011.1031.596200 011.1031.596200 175.00 Background lnvestigation Services 175.00 Background lnvestigation Services 11/15/2018 601436 S 350.00 005093‐JCL TRAFFIC SERV:CES 011.120010 011.120010 011.120010 362.94 2998-51l VVhite Fast Dry Ennis‐Flint 40.00 Freight 38.28 Sales Tax 9.5% 97377 97377 97377 011.0013456 011.0013456 441.22 Prnted:l1/27ノ201810:25:56AM 11/15/2018 601437 5 Page 24 of50 75 CiTY OF VERNON OPERAT,NG ACCOUNT WARRANT REGiSTER NO。12 DECEMBER 4′2018 |:116i轟 鳥 E AN」由U“LE薇 ■ 轟むM薔 亡 「 ■■||IM DE二 ||■|こ ■|‐■■■| lnお おL II ::.#■|‐|:蹴ぽ「11淵話1■蹴 篇 器 EARLY CHECKS 000971- KJSERVICES ENV:RONMENTAL CONSU 011.1040.595200 S 300.00 Used Oil Recycling Program 011.1040.595200 S 100.00 Used Oil Recycling Program 011.1040.595200 S 350.00 Used Oil Recycling Program 1350 1351 1374 11/15/2018 601438 5 760.00 001792‐ LA COUNTY ASSESSOR 011 9019.590110 S 64.00 SBF Abstract OFF:CE 19ASRE067 11/15/2018 601439 S 64.00 001096 - MELVYNGREEN& 011.101t1.595200 $ 5,235.20 Plan Check s€rvices 09/18 14108 AsSoclATEs' lNc ,a5l2o,a 6o!t41 s G,z3s.2o 006228‐ M:LLSOFT LLC 011.9019.595210 S AZS.O0 Computer Programming Services 284 11/15/2018 601442 5 825.00 000610- NICK ALEXAND[R 011.1046.520000 S 35.00 Materialto re―uphoister head!iner 3609 011.0013348 RESTORAT:ON 0111046.590000 5 75.00 LabOrto re‐upholster head!iner 3609 011.0013348 011.1046.520000 S 3.59 Sa!es Tax 10 25 3609 11/15/2018 601443 S l13.59 Pnnted:l1/27/201810:25:56AM Paヌe25 of50 76 CITY OF VERNON OPERATING ACCOUNT WARRANT REGiSTER NO.12 DECEMBER 4,2018 001457‐QUINN COMPANV 011.1046.520000 011.1046.520000 011.1046.590000 oll 1046.520000 0111046.520000 011.1046.590000 84.58 183-5443 control latch 8.03 Sales Tax 9.5% 10.20 Freight 84.58 180-9160 compartment latch assy. 8.03 Sales Tax 9.5% 10.20 Freight PC810829688 PC810829688 PC810829828 PC810829988 PC810829988 PC810830126 011.0013345 011.0013345 011.0013351 011.0013351 11/15/2018 601444 S 205.62 003271‐ ROBERTSON:S oll 1043.520000 S 717.79 Supplies 225763 11/15/2018 601445 S 71779 006340‐S&J SUPPLY COMPANV′!NC 011.120010 oll.120010SS 2′496.50 3051‐860 MA301 A301 Mue∥er 5-1/4" 237 17 Sa!es Tax 9.5% S100121264001 S100121264001 011.0013443 11/15/2018 601446 S 2′733.67 001158‐SOUTH COAST AQMD 011.1049.596200 011.1049.596200 1,460.89 Annual Renewal Fees 131.79 Emissions Fees 3342963 3344344 11/15/2018 601447 S 1′592.68 oo44s8 - SPIEGEL & MCDIARMID, LLP. 055.9000.593200 s 315.00 PЮ fes●onal SeⅣices 09/18 210211757 11/15/2018 601448 5 315.00 000380-S「ACY MEDiCAL CENTER 011.1031596200 011.1031.596200 945.00 Medical Services 755.00 Medical Services 521128721 521128850 1′700.00 P"nted:l1/27/201810:25:56AM l1/15/2018 601449 5 Page 26 of50 77 CtTY OF VERNON OPERAT'NG AC∞UNT WARRANT REGIS「ER NO。12 DECEMBER 4′2018 006438‐STREAM K!MH!CKS WRAG[ 011.1024.593200 S 3,525.50 Professional Services- 11/15/2018 601450 S 3′626.50 005419‐SUPER!OR CT OF CAL OF LA 011.1031.594200 S 2′045 00 Parking Cita●ons 09/18 110618 11/15/2018 601451 5 2′04500 000141‐THOMSON REUTERS―WEST 011.4031.596200 S 1,547.10 West lnformation Charges 839034745 11/15/2018 601452 S 1′547.70 002905‐TLC PET MEDICAL CENTER oll.1031.596200 S 758.00 Veterinary Services 377977 11/15/2018 601453 S 75800 011.230210 472.39 Plan Review 90083281006415-UN!ON PACIFIC RA:LROAD COMPANY 11/15/2018 601454 S 472.39 oll.1024.596600 S 70.00 CA Municipa:Law Handbook 10794025001714-UN!VERS!Tγ OF CA 11/15/2018 601455 S 70.00 003903-US HEALTHVVORKS MEDICAL GROuP′ oll.1026.597000 011.1026.597000 7′974 00 MedicalServices 5,205.00 MedicalSen′ices 3407253CA 3410809CA 11/15/2018 601456 S 13′179.00 001481-VER!ZON BUS!NESS SERV!CES 011.9019560010 S 616.84 Printed:11′27/201810:25:56AM 616.84 Period:09/18 70948148 11/15/2018 601457 5 Patte 27 of 50 78 C:TY OF VERNON OPERATING ACCOUNT WARRANT REGiSTER NO。12 DECEMBER 4′2018 EARLY CHECKS 日 001399-VERNON SAN:TARY SUPPLY 011.120010 5 46.24 0500‐150 Reyna 8 o2.bam Cupsp 1000 24678600 011.0013430 CO 011.120010 5 344.58 0500-155 PBS516‐W Paper Hot Cups, 24678600 011.0013430 011.120010 5 278.05 0500‐156 Cup Buddv KrafLfor 10-24o2. 24678600 011.0013430 011.120010 S 154.70 0500-157 Cart Lid′White′Sip Thru′10 24678600 011.0013430 011.120010 S 124.12 0515452 S:rnp:e Green′6‐l ga∥on 24678600 011.0013430 011.120010 S 73.12 05154905"X36:l Dust Mop Refl::′ 24678600 011.0013430 011.120010 S 150.32 0578‐200 45114 Jov Liquld Dish Soap′8 24678600 011.0013430 011.120010 S 348.66 0578‐400 13878 Tide Liquid Laundry 24678600 011.0013430 011.120010 5 301.74 0578‐580 04930 Pamolive Dish Liquid l1 24678600 011.0013430 011.120010 5 173.05 Sales Tax 9 5%24678600 11/15/2018 601458 S l′994.58 004527‐W!TTMAN ENTERPR!SES′LLC 011.1033.596200 5 752.18 Billing Services 1809069 11/15/2018 601459 5 752.18 005615 - WErTE WOODRUTF-PEREZ 011.1@1.596500 s 3,095.89 Women Mavors of tunerlca 102218 o1t.roo15955oo s 37.67 L.atue of Callbmla cltils 102218(2) 011.104a.53m15 5 989.50 Fcilnb. Pos!€ssory l erestTar 111418 1rl$/20r8 60!150 9 4123.06 006372-XPRESS WASH′lNC 011.1046.590000 S 231 00 Car Wash Services 011.1046.590000 S 166.00 Car Wash Services 9882 9885 11/15/2018 601461 S 397.00 Pnnted:l1/27/201810:25:56AM Patte 28 of 50 79 CITY OF VERNON OPERAT]NG AC00UNT WARRANT REGiSTER NO。12 DECEMBER 4′2018 005167- CSMCS 011.1026.596200 S 50.00 Arbitrators Request Fee 11/19/2018 601462 5 000352-ALADD:N LOCK&KEY SERV!CE 0111049.520000 011.1049.520000 1,820.00 Rixon Overhead Door Closer Body 172.90 Sales Tax 9.5% 092718 092718 011.0013507 11/20/2018 601463 S 1′992.90 001624‐ALLttR F:RE EQUIPMENT′ lNC 011.1033.850000 011.1033.850000 011.1033.850000 0111033.850000 011.1033.850000 011.1033.850000 011.1033.850000 011.1033.850000 011.1033.850000 011.1033.540000 0111033.540000SSSSSSSSSSS 1′300.00 HAIXメ ヽirpOwer XRl Leather Sta●on′EMS l′364.25 Phenix Tech 1500-2007GR‐ESS Fire Helrnet 812.50 protech Titan NFPA Structure G!oves 145.00 Protech VVK8 B:ack Leather Wi!dland 380.00 Males●C PAC∥:C6Black Carbon Bib 400.00 HOt Shield HS‐2 Carbon Face Mask with 418.17 Sa!es Tax 9.5% 257.25 Ringers 327 3arrier ONE Extrication 24.44 Sa!es Tax 9.5% 684.38 Haix Structure 3oots～ 284.70 Haix Structure Boots～ 210935 210935 210935 210935 210935 210935 210935 211093 211093 211156 211207 011.0013455 011.0013455 011.0013455 011.0013455 011.0013455 011.0013455 011.0013455 011.0013226 011.0013226 6′070.69 P“nted:11/27/201810:25:56AM 11/20/2018 601464 S PaRe 29 of 50 80 CITY OF VERNON OPERAT:NG ACCOUNT WARRANT REGISTER NO。12 DECEMBER 4′2018 004448- BATTERY SYSTEMS′:NC 011.1046.520000 011.1046520000 011.1046.520000 0111046.520000 0111046.520000 91.36 Vehic:e Batteries～ 740.92 Vehicle Batteries～ 91.36 Vehic!e Batteries～ 379.02 Vehicle Batteries～ 92.98 Vehicle 3atteries～SSSSS4617554 4628674 4629699 4642069 4656602 011.0013185 011.0013185 011.0013185 011.0013185 011.0013185 11/20/2018 601465 S 1′395.64 005078‐ BURKE′W:LL:AMS& SORENSEN′LL 0111024.593200 S 403.00 Professional Services 09/18 233196 11/20/2018 601466 S 403.00 001973‐CALiFORNIA FRAME&AXLE 011.1046.520000 011.1046.520000 011.1046.520000 011.1046.520000 011.1046.520000 011.1046.520000 011.1046.520000 011.1046.520000 011.1046.520000 011.1046.520000 011.1046520000SSSSSSSSSSS 171.57 Front End Repairs～ 767.75 Front End Repairs～ 55 00 Front End Repairs～ 604.78 Front End Repairs～ 112.50 Front End Repairs～ 140.00 Front End Repairs～ 215.00 Front End Repairs～ 167.12 Front End Repairs～ 171.93 Front End Repairs～ 37.50 Front End Repairs～ 85.00 Front End Repairs～ 51412 51432 51445 51627 51637 51644 51654 51655 51675 51744 51759 011.0013193 011.0013193 011.0013193 011.0013193 011.0013193 011.0013193 011.0013193 011.0013193 011.0013193 011.0013193 011.0013193 2′528.15 Pnnted:l1/27ノ201810:25:56AM 11/20/2018 601467 5 Page 30 of 50 81 ClTY OF VERNON OPERAT]NG ACCOUNT WARRANT REGiSTER NO。12 DECEMBER 4′2018 001721‐CALOX′!NC 011.1033.590000 011.1033.590000 15.00 0xvgen 3ott:e Rel∥ 32.50 0xvgen Bott!e Rel∥ 499118 514158 11/20/2018 601468 S 47.50 000818-CAM:NO REAL CHEVROLE「011.1046.520000 0111046.520000 011.1046.520000 011.1046.520000 011.1046.520000 0111046.520000 011.1046.520000 011.1046520000 0111046.520000 0111046.520000 14769 14853 15054 15055 15089 15356 15403 15514 15579 CM15356 011.0013186 011.0013186 011.0013186 011.0013186 011.0013186 0110013186 011.0013186 011.0013186 011.0013186 011.0013186 148.81 Auto Parts～ 157.35 AutO Parts～ 106.52 Auto Parts～ 75。98 Auto Parts～ 25.34 Auto Parts～ 213.40 Auto Parts～ 178.92 Auto Parts～ 34.32 AutO Parts～ 137.97 Auto Parts～ ‐213.40 Credit‐ 11/20/2018 601469 S 865121 011.1041.596500 S 40.55 CALBO Training 102918000419‐CYNTH:A CANO 11/20/2018 601470 S 40.55 printed:11ノ 27/201810125:56AM Page 31 of 50 82 CITY OF VERNON OPERAT]NG ACCOUNT WARRANT REGiSTER NO.12 DECEMBER 4′2018 004163‐CENTRAL FORD 011.1046.520000 011.1046.520000 0111046.520000 0111046520000 011.1046.520000 011.1046.520000 0111046.520000 236.84 Auto Parts～ 28.67 Auto Parts～ 107.16 Auto Parts～ 86.00 Auto Parts～ 63.64 Auto Parts～ 75.15 Auto Parts～ 68.1l AutO Parts～SSSSSSS325020 325924 325975 325976 326065 326156 326265 011.0013187 011.0013187 011.0013187 011.0013187 011.0013187 011.0013187 011.0013187 11/20/2018 601471 S 665.57 003846‐SOUTHEAtt POLICE CH!EFS ASSOC! 011.1031.596550 S 500.00 Annua!Dues 18SEC010 11/20/2018 601472 S 500.00 619.77 VVater Parts～S1347690001 011.0013214000970-DANGELO CO 011.120010 11/20/2018 601473 5 61977 P"nted:11/27/201810:25:56AM Page 32 of 50 83 CITY OF VERNON OPERAT:NG ACCOUNT WARRANT REGiSTER NO。12 DECEMBER 4′2018 EARLY CHECKS 004594-D:ON&SONS′lNC ■ ACCOUN「 lNVOICE ‐| | ‐ PAYMENr CHECK I‐ .PAVMENF VE",ORNAMII村 哺DNり|1邸 '1甲 ψM,|■‐ |二 ■IJ甲 101,T DEScRIPT10N I■■■ ■■|‐ ■|‐.lNVOIC■|‐ |■P,0・ ■ ■■I DATEI I‐ "じ MBER■■|^MOI暉 713917 713917 713917 713917 713917 713917 713917 713918 713918 713918 713918 713918 713918 713918 713918 011.1033.570000 S 011.1033.570000 S 011.1033.570000 S 011.1033.570000 5 011.1033.570000 S 0111033.570000 S 011.1033.570000 S 011.1033.570000 S 011.1033.570000 S 011.1033570000 S 0111033.570000 S 011.1033.570000 S 011.1033.570000 S 011.1033.570000 S 011.1033.570000 S 3′097.32 Diesel Fue!～ 1.10 FE「Exempt>LuSt On:y 7.50 Environmental Comp:iance Fee 9.95 Fuei Surcharge 4.54 LA3 Tax 395.96 State Excise Tax 474.60 C!ear Diese!Sa:es Tax l′876.54 Un:eaded Fuel～ 0 70 FET Exennpt>Lust Onlv l.35 Fed 01 Spi:| 0.56 CA Lead Poisoning 2.45 AB32 291.98 State Excise Tax 2.83 Lab Tax 97.91 Fuei Sales Tax 4.50% 011.0013461 011.0013461 011.0013461 011.0013461 011.0013461 011.0013461 011.0013461 011.0013461 011.0013461 011.0013461 0110013461 011.0013461 011.0013461 11/20/2018 601474 S 6′265.29 000773-DR DAVID N STEIN 011.1043.502030 011.1043.502030 450.00 Vision Benents/J.Zermeno 450.00 Vislon Benents/M.Rodrigue2 102518 102518(2) 11/20/2018 601475 S 90000 004862-DR.JAMES R.HENSLiCK 284.00 Printed:11/27/201810:25:56AM 011.1033502030 S 284.00 Vision Benefits / A. Johnson 102218 11/20/2018 601476 S Page 33 of50 84 CIW OF VERNON OPERATING ACCOUNT WARRANT REGiSTER NO.12 DECEMBER 4′2018 011.1033.540000 S 261.7! Fire Personnel Work Boots-27174 011.0013235001359‐ FIREFiGHTERSi SAFETY CENTER 11/20/2018 601477 S 261.71 006427-FIRST DUE ELEVATOR RESCU[011.1033.520000 011.1033.520000 0111033.520000SSS 350.00 (1)Set Of e!evator rescue too:s 18.25 Freight 33.25 Saies Tax 9.5% 18113 18113 18113 011.0013446 011.0013446 11/20/2018 601478 5 401.50 004438‐FLEMiNG ENVIRONMENTAL′ lNC 011.1049.590000 S 1,446.95 WaSte OilTank!nsta∥a●on 14073 11/20/2018 601479 S 1′446.95 000399‐GARVEY EQUIPMENT COMPANY 011.1046.520000 011.1046.520000 011.1046.520000 011.1046.520000 245.96 Parts&Services～ 1,089.52 Parts&Services～ 54 75 Parts&Services～ 152.96 Parts&Services～5SSS114729 115001 115004 115131 011.0013188 011.0013188 011.0013188 011.0013188 11/20/2018 601480 S 1′54319 003999-MiGUEL HERNANDEZJR 011.1031.596500 011.1031.596700 011.1031.596500 23.25 Arrest & Control -Tactical 9.20 Arrest & Control -Tactical 10.90 Firearms / Tactical Rifle Adv 100218 100218 101818 43.36 P"nted:l1/27/201810:25:56AM 11/20/2018 601481 5 Page 34 of 50 85 C]TY OF VERNON OPERAT:NG ACCOUNT WARRANT REGiSTER NO。12 DECEMBER 4′2018 001552‐HOME DEPOT CRED:T SERVICES 011.2033.850000 011.2033.850000 0112033.850000 011.2033.850000 011.2033.850000 0112033.850000 011.2033.850000 011.2033.850000 011.2033.850000 011.2033.850000 0112033.850000 011.2033.850000 011.2033850000 011.2033.850000 0112033850000 011.2033.850000 478.80 SKU 0000‐603-686～ 26.60 SKU 0000-603‐643～ 41.88 SKU 0000‐161-640～ 2′392.92 SKU 0000‐386-081～ 113.05 SKU 0000-902-261～ 95.36 SKU 0000‐543-804～ 7.31 SKU 0000-157‐702～ 239.20 SKU 0000-914‐770～ 42.74 SKU 0000-619‐145～ 1,002.70 SKU 0000‐114-906～ 79.00 Freight 41.83 SKU 0000‐999-735～ 428.61 Sa!es Tax 9.5% 139.00 SKU 1002‐908-653～ 209.00 SKU 1002‐879-147～ 35.67 Sa!es Tax 9.5%SSSSSSSSSSSSSSSS103118 MUビ「:PLE 103118 MUビ「!PLE 103118 MULTIPLE 103118 MULT:PLE 103118 MULT:PLE 103118 MULTiPLE 103118 MUビ「!PLE 103118 MUビ 「lPLE 103118 MUビ 「iPL[ 103118 MULT!PLE 103118 MULTIPLE 103118 MULT:PLE 103118 MULTIPLE 5971782 5971782 5971782 011.0013434 011.0013434 011.0013434 011.0013434 011.0013434 011.0013434 011.0013434 011.0013434 011.0013434 011.0013434 011.0013434 0110013434 011.0013435 0110013435 11/20/2018 601482 S 5′373.67 006454‐JOSE MANUELJASSO 011.1031.466600 S 12.00 Ref. Overpayment for Case Status Letter 110118 11/20/2018 601483 S 12.00 002747‐JOHN LARCABAL OD 109.00 Printed:11/27/20■810:25:56AM 011.1031.502030 S 109.00 Vision Benefits / R. Velasquez 102218 11/20/2018 601484 S Page 35 of 50 86 CnY OF VERNON OPERAT:NG AC∞UNT WARRANT REG:STER NO.12 DECEMBER 4′2018 EARLY CHECKS ACCOuN「 ]NVOICE PAYMENT CHECK PAVMENr VEN00R NAME AND NOMBER‐ NUMBER AMOuNT DESCR:P■ON INVOICE P.0。絆 DATE NUMBER AMOUNT 004159 - DAVID KAWASAKI 011.1026.596800 s 1,050.00 Tuition Reimbursement 092118 11/20/2018 601485 S l,050.00 006396 - LEIGHTON CONSULTING, INC 055.9100.900000 S 5,500.00 Geotechnical Exploration 33166 11/20/2018 601486 5 5′600.00 001060‐ L!FE―ASS:S「′:NC 011.1033.850000 5 3′832.87 :tem No.AMBU_ VLABKIT 3～ 011.1033.520000 S 757.13 :tem No.AMBU_KVLABKIT 3～ 011.1033.850000 S 364.12 Saies Tax 9.5% 011.1033.520000 5 71.93 Sales Tax 9.5% 871108 011.0013370 871108 011.0013370 871108 871108 11/20/2018 601487 5 5′026.05 000255‐LN CURTIS 8tSONS 011.1033.540000 5 421.57 Pro Warrington Boots～ INV209538 011.0013273 011.1033.540000 5 421.57 Pro Warrington Boots～ :NV216500 011.0013273 011.1033.590000 5 7′432.00 SCBA Maintenance Services～ :NV221277 011.0013225 0111033.540000 5 843.15 Pro Warrington Boots～ !NV222503 011.0013273 011.1033.520000 5 4′608.00 Part Number:WD881‐5:CL:CL～ INV225381 011.0013438 011.1033.520000 5 437.76 Sa!es lbx 9.5,6 1NV225381 011.1033.520000 S 4′608.00 Part Number:WD881‐5 iCLICL～ :NV225425 011.0013439 011.1033.520000 S 437.76 Sa:es Tax 9.5% :NV225425 11/20/2018 601488 5 19′209.81 Pnnted:11/27/201810:25:56AM Page 36 of 50 87 CITY OF VERNON OPERATING ACCOUNT WARRANT REGiSTER NO。12 DECEMBER 4′2018 003908‐ LOPEZ&LOPEZ TIRE SERViCE 011.1046.520000 011.1046.520000 011.1046.520000 011.1046.520000 011.1046.520000 011.1046520000 011.1046.520000 15.00 Tires, Accessories & Repairs- 197.43 Tires, Accessories & Repairs- 15.00 Tires, Accessories & Repairs- 264.55 Tires, Accessories & Repairs" 98.32 Tires, Accessories & Repairs- 286.01 Tires, Accessories & Repairs- 211.55 Tires, Accessories & Repairs"SSSSSSS19878 20833 20841 20942 21005 21093 21096 011.0013189 011.0013189 011.0013189 011.0013189 011.0013189 0110013189 011.0013189 11/20/2018 601489 S 1,087.86 011.200100 113.95 Refund October2018 Pavmenr Ref000211727000188‐WILFREDO LOPEZ 11/20/2018 601490 S 113.95 011.9019.520010 S 3′600.00 Remote Assistance 626291 011.0013390004148-LUC!TY′lNC 11/20/2018 601491 S 3′600.00 011.1031.420510 5 28.00 Ref.Duplicate Pavment P83678V 110118006455‐DEL:A MAUZ 11/20/2018 601492 5 28.00 011.1031.420510 S 28.00 Ref.Dismissed Citajon P83749V 110118006456‐YOLANDA M:CHEL 11/20/2018 601493 S 28.00 005089-MiCRO PREC:SiON CALIBRAT10N′!055.8000.590000 055.8000590000 138.00 Ca!ibration Services～ 265.00 Ca∥bration Services～ LA90040187 LA90040391 055.0002679 055.0002679 403.00 Printed:11/27/201810:25:56AM 11/20/2018 601494 S Page 37 of 50 88 CITY OF VERNON OPERATING ACCOuNT WARRANT REGiSTER NO。12 DECEMBER 4,2018 燒由ふ:11111漁 Ditふ 百:計 |・ 蹴∬‐■| |」NVO暉 | ‐■■■■‐| ■■| ■|■|ぉ 1 ■‐|■W■ ● 'HECド ■‐ぃ甲1暉 MOじ 籠T DttК RIPT10籠 |:NV●lCC・ ・ NOMBER ■I AMOUNT EARLY CHECKS 006042‐TROY MILANO 011.1033.596500 S 96.64 Lodg:ng～ 11/20/2018 601495 S 96.64 000309‐NAPA AUTO PARTS 011.1046.520000 S 781.31 AutO Parts&AccesSories～103118 MUピ「IPLE 011.0013192 11/20/2018 601497 S 781.31 000610- NICK ALEXANDER 011.1046.520000 5 70.00 Materialto reupholster drivers seat 3618 011.0013362 RE`汀 ORAT!ON 011.1046.590000 S 150.00 Laborto reupho:ster drivers seat 3618 011.0013362 011.1046.520000 5 7.18 Sales Tax 10.25 3618 11/20/2018 601498 5 227.18 006458- NORTH STAR REFR:GERATOR 011.1060.410240 S 547.00 Ref.P!an Check Fee Co∥ected in Error 102518 CO 11/20/2018 601499 5 547.00 000104‐ PEGASUSiNTERPR:NT 011.1031.520000 S 144.00 Vernon Po:ice Department PЮ penv 138291 011.0013426 011.1031520000 S 10.00 Fre:ght 138291 011.0013426 0111031.520000 S 13.68 Saies Tax 9.5% 138291 011.1031.520000 S l′303.50 Vernon Ponce Department Fie:d Notepads 138292 011.0013426 011.1031.520000 S 20.00 Fre:ght 138292 011 0013426 011.1031.520000 S 123.83 Sales Tax 9.5% 138292 11/20/2018 601500 S l′615.01 Printed:11/27/201810:25:56AM Page 38 of50 103118 89 C∥Y OF VERNON OPERATING ACCOUNT WARRANT REGIS「ER NO.12 DECEMBER 4′2018 001457-QUINN COMPANY 011.1046.520000 011.1046.520000 011.1046520000 0111046.520000 011.1046.520000 011.1046520000 011.1046.520000 011.1046.520000 011.1046.520000 011.1046.590000 15.24 461‐9113 diesel exhaust i!ter 154.98 346-6687 primary air llter 59.16 346-6688 secondary air filter 29.01 479‐4133 water separator 20.55 360‐8960 fue三 liter 64.58 362-1163 hydraulic i!ter 30.69 211‐2660 cab air iiter 33.39 7W‐2326 o∥fi:ters 38.72 Sales Tax 9.5% 27.84 Freight PC810832342 PC810832342 PC810832342 PC810832342 PC810832342 PC810832342 PC810832342 PC810832342 PC810832342 PC810832343 011.0013368 011.0013368 011.0013368 011.0013368 011.0013368 011.0013368 011.0013368 011.0013368 011.0013368 11/20/2018 601501 S 47416 006459‐RANDY DEPUE CONCRETE PUMPING′ 011.1043.520000 5 291.00 GravelPump setup 8869 11/20/2018 601502 5 291.00 003900‐R:CHARDS′WATSON& GERSHON 011.1024593200 5 79.00 Re:Los Ange:es MS4 Pernlit petition 219060 11/20/2018 601503 S 79.00 003271-ROBERTSON:S 011.1048.900000 S 1′055.84 Supplies 325571 11/20/2018 601504 S 1,055.84 006457‐GHULAMAL:SALEHAN!33.00 Pnnted:l1/27/201810:25:56AM 011.1031.420510 S 33.00 Ref.Dismissed Citation P84065V 110118 11/20/2018 601505 S Page 39 of 50 90 CiTY OF VERNON OPERATING AC00UNT WARRANT REGiSTER NO。12 DECEMBER 4′2018 001294‐TODD SCHOEN!G 011.1033.520000 S 50.26 Meals During 44th St Fire 103118(2) 11/20/2018 601506 S 5026 004229‐SMARDAN SUPPLY CO 056.5600.900000 S 12.78 Pipe&Fittings～S3254271001 056.0000516 11/20/2018 601507 S 12.78 000191‐STATE STREET LAUNDRY 011.1031.520000 5 011.1031.520000 S 011.1031.520000 S 011.1031.520000 S 3.60 Laundry Services- 18.00 Laundry Services- 4.50 Laundry Services- 8.10 Laundry Services- 11711 11712 11713 11714 0110013233 011.0013233 011.0013233 011.0013233 11/20/2018 601508 S 34.20 005766‐SUPPLYWORKS 011.120010 011.120010 011120010 011.120010 011.120010 432.00 0515‐440 ReSt Stop Restroom 284.30 0562-100 NationalT01:et Seat Covers′ 80.96 0578‐600 Pine Oi:C!eaner Deodorizer′ 7.95 Freight 76.50 Sa:es Tax 9.5% 457976322 457976322 457976322 457976322 457976322 011.0013420 011.0013420 011.0013420 011.0013420 11/20/2018 601509 S 881.71 005556-SWE:NHART ELECTRiC CO 011.1049.590000 S 306.00 Generator Repairs 19390 11/20/2018 601510 S 30600 011.1031596500 S 8 72 Firea"ms/TaCtiCa:Rine Adv 101818001616- PH!LLIP SWINFORD 11/20/2018 601511 5 8.72 002358‐TETRA TECH′INC. 2′677.12 P"nted:11′27/201810:25:56AM 011.1060.595200 S 2,677.t2 Professional Services 51363418 11/20/2018 601512 S Page 40 of 50 91 CITY OF VERNON OPERATING ACCOUNT WARRANT REGiSTER NO.12 DECEMBER 4′2018 EARLY CHECKS |I ACCOuNT I ■ | :NVOiCE I PAYMENT CHECκ ■PAYMENT VENDORINAME AND NUMBER I NUMBER ■|■IAMOuNT DESCRl,■0ヽ | ‐‐ ■■|■■‐lNVoiC「 ‐|‐P,0,1 ‐ ||IDATC‐|■ I NUMBER ■■IAMOUNT 001124‐THE LIGHTHOUSE′!NC 011 1046.520000 S l1 50 Auto Parts～706290 011.0013191 11/20/2018 601513 S ll.50 000282‐TR卜CiTY MUTUAL WATER 011.1033.560000 5 157.50 period:10/18 COMPANY 110118 11/20/2018 601514 S 157.50 003141‐VERNON FIREMENS 011.1033.520000 S 570.00 Reirnb.Recruit UnifOrms ASSOC:AT!ON 103118 11/20/2018 601515 S 570.00 004838-ANTHONY ZARATE 011.1040596500 S 75.21 CALBO Training 102218 11/20/2018 601516 5 75.21 001153-ZUMAR:NDUSTRIES′lNC 011.1043.520000 S l,241.52 Reguiatory Signs～ 011.1043.520000 S 969.66 Regu!atory Signs～ 011.1043.520000 S 368.83 Regulatory Signs～ 80422 011.0013216 80547 011.0013216 80647 011.0013216 11/20/2018 601517 5 2′580.01 TOTAL EARLY CHECKS s 211,345。95 P"nted:l1/27/201810:25:S6AM Page 41 of 50 92 CiTY OF VERNON OPERAT:NG ACCOUNT WARRANtt REGiSrER NO.12 DECEMBER 4′2018 006308‐ANバ YA SERV!CE CENTER 011.1046.590000 S 245.00 Labor only to diagnose and repair 011.0013481 12/04/2018 601518 5 001644‐ANTHONV KOSTALLAS′0.D. 0111026.502030 S 400.00 Vision Benefits / L. Alvarado 111418 12/04/2018 601519 S 400.00 005088‐BEL:NDA ARELLANO 011.1031.502030 S 279 00 Vision Benefits/D.Meila 111518 12/04/2018 601520 S 279.00 006309-ATLAS SAFEIY SOLUT!ONS 011.1043.520000 0111043520000 011.1043.520000 011.1043.520000 011.1043.520000 65.00 Ca!ibration GX-2012′Ser#590010624RN. 65.00 Ca:ibration GX-2012′Ser.#590010604RN. 65 00 Calibra●on GX‐2012′Ser.#6X1010336RN. 65.00 Calibra●on Eagie′Ser.#E99059. 85.00 Ca!ibration GX‐2012′Ser.#742010442RN. lNWOL0000994 :NWOL0000994 !NWOL0000994 1NWOL0000994 !NWOL0000994 0110013516 011.0013516 011.0013516 011.0013516 011.0013516 12/04/2018 601521 S 34500 004035‐GTO AUTO GLASS 011.1046.520000 011.1046.590000 011.1046.520000 110.00 DW016586BNN front windshieid 75.00 Laborto replace front windshield 10.45 Sa:es Tax 9.5% !0487873 !0487873 10487873 011.0013477 011.0013477 12/04/2018 601522 S 195.45 011.1004.596200 S 1,250.00 Contract Services Property Tax-25929!N003065‐HDL COREN&CONE 12/04/2018 601523 S 1′25000 005442‐LiL:A HERNANDEZ 215.00 P"nted:11/27/201810:25:56AM 011.1001.502030 5 215.00 vision Benefits / L. Hernandez 111518 12/04/2018 601524 S Page 42 of50 93 CiW OF VERNON OPERATING AC00UNT WARRANT REGISTER NO.12 DECEMBER 4′2018 005351-H卜 LINE INC 011.1046.520000 011.1046.520000 74.04 AS72 high powered non―ch:orinated voc 7.03 Sa:es Tax 9.5% 10660330 10660330 011.0013474 12/04/2018 601525 S 81.07 000686‐:GOE&COMPANV′!NC 011.1026.594200 S 200 00 Administrajve Fees 185070 12/04/2018 601526 5 200.00 006399-JOE MAR POLYGRAPH&INV 011.1031.596200 S SVC′!225.00 Pre-Employment Polygraph Exam 201810031 12ノ 04/2018 601527 5 225.00 000971‐ KJSERVICES ENVIRONMENTAL CONSU 011.1040.595200 S 360.00 Used Oil Recycling Program 1397 12/04/2018 601528 S 360.00 000250‐ KREIGER SALES&SERV!CE 011.1046.520000 011.1046.590000 011.1046.520000 94.63 GPK001 check valves 210.00 Laborto diagnose and repair 8.99 Sa:es Tax 9.5% 11755 11755 11755 011.0013476 011.0013476 12/04/2018 601529 5 313.62 003272-LANGUAGE LiNE SERV:CES′ !NC 011.1031.594200 S 59.09 lnterpretation Services 4421672 12/04/2018 601530 S 59.09 003257-LAWSON PRODUCTS′:NC 011.1049.520000 S 011.1049.520000 S 3′693.12 S19314SC HALO SS Eye Wash/Face Wash′ 350.85 Sa:es Tax 9.5% 9306240371 9306240371 4′043.97 Printed:11/27/20■810:25:56AM 011.0013464 12/04/2018 601531 5 Page 43 of50 94 CITY OF VERNON OPERAT:NG ACCOUNT WARRANT REGiSTER NO.12 DECEMBER 4′2018 001807-RORY M00RE 011.1033.502030 011.1033.502030 247.00 Vision Benefits / R. Moore 287.00 Vision Benefits / M. Moore 111418 111418(2) 12/04/2018 601532 5 534.00 004111‐PAC!F:C COMMERC:AL TRUCK BODY′ 011.1046.590000 S 175.00 Labor only to repair passenger side 24360 011.0013475 12/04/2018 601533 S 175.00 005762‐PFT―ALEXANDER′lNC 056.5600.900000 056.5600.900000 056.5600.900000 2′324.00 2"Dresser Roots 15C175′P/N055211-011 4′197.00 2H Dresser Roots 3M175′P/N055215-012 619.50 Sales Tax 9 5% 95646 95646 95646 056.0000541 0560000541 12/04/2018 601534 S 7′140.50 003728‐PHYS10‐CONTROL′lNC 011.1031.520000 S 231.26 First Responder Kit 118085603 12/04/2018 601535 S 231.26 003914‐ RHF′!NC 011.1031.590000 011.1031.590000 91.29 Laser Gun Recertification 50.00 Laser Gun Recertification 73499 73500 12/04/2018 601536 S 141.29 011.1004.520000 011.1004.520000 554.71 Payroll Envelopes - Custom Window (Peek 52.20 Sales Tax 9.5% 26853 26853 011.0013473003775-S:LVA:S PR:NTING NE「WORK 716.91 P"nted:11ノ 27/201810:25:56AM 12/04/2018 601537 5 Page“of 50 95 CITY OF VERNON OPERATlNG ACCOuNT WARRANT REGiSTER NO.12 DECEMBER 4,2018 000298‐S!RCHIE ACQU!S!T:ON COMPANY′L0111031520000 011.1031520000 384 58 Supp!ies 14.67 SuppliesSS 371594:N 373521!N 12/04/2018 601538 S 000141‐THOMSON REUTERS‐WES「 011.4031.596200 S 1,547.7O West lnformation Charges 839205449 12/04/2018 601539 S 1′547.70 Pnnted:11/27/201810:25:56AM Page 45 of 50 96 CrrY OF VERNON OPERAT:NG ACCOUNT WARRANT REGiSIER NO。12 DECEMBER 4′2018 005296‐ UN:FIRtt CORPORAT10N 011.1043540000 0111046.540000 011.1047.540000 011.1049.540000 0111043.540000 011.1046.540000 011.1047.540000 011.1049.540000 011.1043.540000 011.1046.540000 011.1047.540000 011.1049.540000 011.1043.540000 011.1046.540000 011.1047.540000 011.1049.540000 011.1043.540000 011.1046.540000 011.1047.540000 011.1049.540000 78.42 Uniforms 25,08 Unifbrms 13.59 Uniforms 21.00 Unifbrms 66.28 Unifbrms 25.08 Un:fbrms 13.59 Unifbrms 21 00 Unifbrms 66.28 Uniforms 25.08 UnifOrms 13.59 Uniforms 21.00 Unifbrms 66.28 Unifbrms 25.08 UnifOrms 13 59 Uniforms 21.00 Unifbrms l′020.64 Unifbrms 732.59 Uniforms 98.51 Unifbrms 201.20 UnifbrmsSSSSSSSSSSSSSSSSSSSS 3242133342 3242133342 3242133342 3242133342 3242136318 3242136318 3242136318 3242136318 3242139292 3242139292 3242139292 3242139292 3242142261 3242142261 3242142261 3242142261 3242148257 3242148257 3242148257 3242148257 2′568.88 Pnnted:11/27/201810:25:56AM 12/04/2018 601540 S PaRe 46 of 50 97 CrY OF VERNON OPERAT:NG ACCOUNT WARRANT REGiSTER NO.12 DECEMBER 4′2018 005296-UNIF:RST CORPORAT:ON 011.1043.540000 0111046520000 011.1046.520000 011.1033.520000 011.1043.540000 011.1041520000 011.1043.540000 011.1041.520000 011.1033.520000 011.1043.540000 011.1046.520000 011.1033.520000 011.1041.520000 011.1043.540000 011.1060.520000 011.1033520000 011.1043.540000 011.1060.520000 011.1033.520000 29.38 0G!0-Caliber 2.0～ 29.38 0G!0‐Caliber 2.0～ 29.38 0G10‐Caliber 2.0～ 29.38 0G:0-Ca:iber 2.0～ 29.38 0G!0‐Jewel Polo～ 29.38 0G10-Jewe!Po!o～ 29.38 0G!O JewelPo:o～ 29.38 0G10 JewelPo:o～ 29.38 0G10 Jewe!Po:o～ 8.37 Sa!es Tax 9 5% 5.58 Sales Tax 9.5% 5.58 Sa:es Tax 9.5% 5.58 Sales Tax 9.5% 29.38 0G:0‐Ca:iber 2.0～ 58.76 0G10‐Ca:iber 2.0～ 29.38 0G10‐Jewei Polo～ 2.79 Sales Tax 9.5% 5.58 Sales Tax 9.5% 2 79 Sa:es Tax 9.5% 3052217766 3052217766 3052217766 3052217766 3052217766 3052217766 3052217766 3052217766 3052217766 3052217766 3052217766 3052217766 3052217766 3052219941 3052219941 3052219941 3052219941 3052219941 3052219941 0110013462 011.0013462 011.0013462 011.0013462 011.0013462 011.0013462 011.0013462 011.0013462 0110013462 011.0013462 011.0013462 011.0013462 12ノ04/2018 601s41 s 418.21 ∞3903‐US HEALTHWORKS MED!CAL 011.1026.597000 S GROUP′313.00 P"nted:11ノ 27/201810:25:56AM 313.00 Medica:Services 3424248CA 12/04/2018 601542 S Page 47 of 50 98 CiTY OF VERNON OPERAT:NG ACCOUNT WARRANT REGiSTER NO。12 DECEMBER 4′2018 011.1046.590000 5 175.00 Laboron:y to tow unt from City Yard 011.0013482005710‐USTOW′lNC 12/04/2018 601543 S ∞3166‐V:NH TRAN DANG′0.D.011.1031.502030 S 150.00 Vision Benefits/J. Encinas 111418 12/04/2018 601544 S 15000 055。9200.502030 S 450.00 ViSiOn Beneits/O Weiner 111918006091-OREN WE!NER 12/04/2018 601545 5 450.00 006372‐XPRESS WASH′:NC 011.1046.590000 S 762.00 Car Wash Sen′lces 9993 12/04/2018 601546 S 76200 TOTAL WARRANTS S 23′935.20 Printed:11/27/201810:25:56AM Page 48 of 50 99 CrY OF VERNON OPERAT:NG ACCOuNT WARRANT REG:STER NO.12 DECEMBER 4,2018 RECAP BY FUND ELECTRO"iC:υ :AL EARLV CHECK:urAL WARRANT TOTAL GRANO TOTALS 011-6ENERAL 020‐WATER 055-LIGHT&POWER 056‐NAttURAL GAS 057-FIBER OPTIC GRAND TOTAL TOTAL CHECKS TO BE PR:NTED 29 S 874′71692 5 192′90302 S 16,344 70 S l,083,96464 000 45000 7,14050 000 s 10,421,172.06 s 211,345.95 I 23,935.20 S 10,655,4s3.21 42,44275 9,48&91898 13,07958 2,01383 72400 17,09337 62556 000 43,16675 9,506,46235 20,84564 2,01383 P●nted:11/27/20481025:56AM Page 49 o'50 100 CrY OF VERNON OPERAT:NG AC00UNT WARRANr REG:S「ER NO.12 DECEMBER c 2018 VO:D LiST C"ECκ AMOUNTNOMBER VENDOR NAME 601440 LOPEZ S l13 95 8720601496 M00RE P●nted:11′27/20181025:S6AM Page SO of 50 101 City Council Agenda Item Report Agenda Item No. COV-402-2018 Submitted by: Danita Robertson Submitting Department: Police Department Meeting Date: December 4, 2018 SUBJECT Vernon Police Department Activity Log and Statistical Summary for the period of October 16 through October 31, 2018 Recommendation: A. Receive and file. Backgroud: The Vernon Police Department's activity report consists of activity during the specified reporting period, including a summary of calls for service, and statistical information regarding arrests, traffic collisions, stored and impounded vehicles, recovered stolen vehicles, the number of citations issued, and the number of reports filed. Fiscal Impact: None. ATTACHMENTS 1. Police Department Activity Report - 10/16/18 to 10/31/18 102 103 104 105 106 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:10/16/201810/16/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201810211744720 E DISTRICT BL, VERNONPEDCK01:39:4810/16/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181672 CA0197300VPDHERNANDEZ,MIGUEL,JR*3102:31:4901:39:48VPDVALENZUELA,FERNANDO25E02:31:4901:43:0320181021207MAIN // 30TH, LOS ANGELESREC09:29:0210/16/2018VRECVPDRECORDS BUREAU*RECD09:50:1409:30:30201810212184433 PACIFIC BL, VERNON459VRSECOND GENERATION11:33:0010/16/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181673 CA0197300VPDENCINAS,ANTHONY*31E11:41:23 11:41:2411:42:42VPDMADRIGAL,MARIA38W11:42:3912:56:2811:49:1020181021228S SANTA FE AV // 26TH, VERNON20002RALBERT HERNANDEZ12:58:4110/16/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181674 CA0197300VPDMADRIGAL,MARIA*38W13:09:34 13:09:4113:10:04VPDCAM,PATRICK25W13:10:0213:49:1413:17:2820181021232S SANTA FE AV // 49TH, VERNONPEDCK13:30:5510/16/2018METRPTDepartmentOCA NumberRMS JurisVPD CR20181675 CA0197300VPDMARTINEZ,GABRIEL*S614:17:4413:30:55VPDCAM,PATRICK25W14:19:47 13:49:1815:01:1313:53:42VPDENCINAS,ANTHONY31E13:44:05 13:44:0613:46:40201810212384305 S SANTA FE AV, VERNONDETVERNON POLICE DEPT14:43:1110/16/20181015RPTVPDESCOBEDO,ALEXY*5D2316:07:3714:51:091Page of 210/17/201803:38:24107 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:10/16/201810/16/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201810212393355 E SLAUSON AV, VERNON503RELITE MOVING SOLUTIN INC14:58:5610/16/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181676 CA0197300VPDCAM,PATRICK*25W15:16:3116:24:0815:21:1020181021255S SOTO // 26TH, VERNON902T18:23:5410/16/2018SUPVPDCAM,PATRICK*25W19:30:2718:34:02VPDLANDA,RAFAEL31W19:32:3219:01:50201810212582800 S SANTA FE AV, VERNON459VCARLOS RUIZ19:10:2410/16/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181677 CA0197300VPDVALENZUELA,FERNANDO*2619:11:53 19:11:5419:12:13 22:00:4819:18:16VPDCERDA,PAUL,JR41E19:12:1119:20:4419:17:26* Denotes Primary Unit2Page of 210/17/201803:38:24108 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:10/17/201810/17/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201810212955008 S BOYLE AV, VERNONREPO11:34:2810/17/2018REPODepartmentOCA NumberRMS JurisVPD CR20181678 CA0197300VPDRECORDS BUREAU*RECD12:18:2512:02:10201810213205526 S SOTO, VERNON925LA CLOSEOUT17:48:5610/17/2018RPT1015VPDSWINFORD,PHILLIP*26e17:51:4618:11:0817:52:20VPDMADRIGAL,MARIA38e17:51:4618:40:4217:52:2320181021321ALCOA AV // SLAUSON AV, VERNON902TGEORGE18:11:1110/17/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181679 CA0197300VPDSWINFORD,PHILLIP*26E18:12:39 18:12:5618:45:5918:16:28VPDENCINAS,ANTHONY20W18:13:0918:29:2820181021325S SOTO // VERNON AV, VERNONTRAFFIC STOP18:39:3510/17/20181015VIRPTDepartmentOCA NumberRMS JurisVPD CR20181681 CA0197300VPDENCINAS,ANTHONY*20W20:54:0118:39:39VPDVASQUEZ,LUIS31W20:17:4520:17:48VPD40E18:51:3920:04:3719:03:47201810213275913 MALABAR, HUNTINGTON PARKDPTASTHPPD18:57:1310/17/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181680 CA0197300VPDCERDA,PAUL,JR*4119:01:1320:04:3119:01:09201810213332550 S ALAMEDA, VERNONSUICIDAL SUBLAPD #60020:29:4910/17/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181682 CA0197300VPDCERDA,PAUL,JR*4120:31:59 20:32:0021:01:3920:35:381Page of 210/18/201805:21:11109 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:10/17/201810/17/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201810213332550 S ALAMEDA, VERNONSUICIDAL SUBLAPD #60020:29:4910/17/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181682 CA0197300VPDNEWTON,TODD4020:59:50VPDNEWTON,TODD40E20:32:5922:16:1220:38:28201810213364310 MAYWOOD AV, VERNON459VRWEST COAST CLOSEOUT22:28:2610/17/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181683 CA0197300VPDCERDA,PAUL,JR*4122:37:52 22:37:5323:33:1922:43:36* Denotes Primary Unit2Page of 210/18/201805:21:11110 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:10/18/201810/18/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181021346FRUITLAND AV // SOTO, VERNONTRAFFIC STOP04:40:4910/18/20181015RPTDepartmentOCA NumberRMS JurisVPD CR20181684 CA0197300VPDVASQUEZ,LUIS*31W05:18:2404:40:50VPDNEWTON,TODD40E04:48:3905:00:5404:50:42201810213525503 S BOYLE AV, VERNON925REED ELECTRIC06:29:3710/18/20181015RPTDepartmentOCA NumberRMS JurisVPD CR20181685 CA0197300VPDNEWTON,TODD*40E06:31:3707:38:2306:37:09VPDVASQUEZ,LUIS31W06:31:3906:58:2106:37:57VPDCERDA,PAUL,JR4106:31:3806:50:4106:37:1220181021355S ALAMEDA // VERNON AV, VERNONBOVEH07:19:3010/18/2018VMVOIDDepartmentOCA NumberRMS JurisVPD CR20181686 CA0197300VPD*40W07:20:33 07:48:2707:22:56 08:11:1307:48:32VPDREYNA,JOSE S3207:22:4808:11:1207:32:3220181021359FRUITLAND AV // LOMA VISTA AV, VERNON901TRROBIN TOLMASOFF08:51:3510/18/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181687 CA0197300VPDVILLEGAS,RICHARD*41E08:51:54 08:52:1310:36:0208:57:38VPDSWINFORD,PHILLIP40W09:17:0210:11:2609:23:22201810213783336 FRUITLAND AV, VERNON20002RJOBBERS MEAT PACKING15:37:0810/18/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181688 CA0197300VPDSWINFORD,PHILLIP*40W15:39:23 15:39:5016:05:4215:46:0520181021382S SOTO // 37TH, VERNON901JEFF16:50:1910/18/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181689 CA0197300VPDVILLEGAS,RICHARD*41E16:51:54 16:51:5517:51:3316:57:001Page of 210/19/201805:06:51111 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:10/18/201810/18/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181021382S SOTO // 37TH, VERNON901JEFF16:50:1910/18/2018RPTDepartmentOCA NumberRMS JurisVPDCR20181689CA0197300VPDREYNA,JOSE S3216:51:5617:51:3216:53:17VPDSWINFORD,PHILLIP40W17:51:3216:54:06VPDCHAVEZ,JERRY,JRS217:15:5016:56:58201810213953278 E SLAUSON AV, VERNON242R21:56:1610/18/2018RPT1015DepartmentOCA NumberRMS JurisVPDCR20181690CA0197300VPDVASQUEZ,LUIS*3121:57:23 21:57:5122:11:06 00:40:2722:00:45VPDCAM,PATRICK25E21:58:3400:40:2722:01:26VPDNEWTON,TODD26W21:57:25 21:57:5323:25:5722:01:36* Denotes Primary Unit2Page of 210/19/201805:06:51112 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:10/19/201810/19/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201810214484383 EXCHANGE AV, VERNON484RSFFI COMPANY INC16:07:3810/19/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181691 CA0197300VPDHERRERA,GUSTAVO*S716:09:3016:09:32VPDOURIQUE,CARLOS25E16:09:35 16:10:0316:58:2516:35:4620181021454LEONIS BL // DOWNEY RD, VERNONASTVFDT-MOBILE (877) 653-791119:30:5210/19/2018ASSTRPTDepartmentOCA NumberRMS JurisVPD CR20181692 CA0197300VPDHERNANDEZ,MIGUEL,JR*20E19:32:3219:55:4119:34:09VPDLANDA,RAFAEL2619:33:0519:38:07* Denotes Primary Unit1Page of 110/20/201805:00:48113 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:10/20/201810/20/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181021471S SANTA FE AV // 55TH, VERNON92501:15:0410/20/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181693 CA0197300VPDLANDA,RAFAEL*2601:36:5901:15:08VPDHERNANDEZ,MIGUEL,JR20E01:36:5901:26:39VPDVASQUEZ,LUIS40W01:36:5901:26:37VPDSANTOS,DANIELS301:37:0001:26:36201810214763278 E SLAUSON AV, VERNON242R02:07:3610/20/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181694 CA0197300VPDSANTOS,DANIEL*S303:10:1102:14:57VPDHERNANDEZ,MIGUEL,JR20E03:10:0802:38:16VPDLANDA,RAFAEL2603:10:0902:17:34VPDVASQUEZ,LUIS40W02:32:4702:19:54201810214865990 MALBURG WY, VERNONPATCK07:43:5810/20/20181015RPTDepartmentOCA NumberRMS JurisVPD CR20181695 CA0197300VPD CR20181696 CA0197300VPD CR20181697 CA0197300VPDOURIQUE,CARLOS*25W09:28:2307:43:58VPDVILLEGAS,RICHARD3209:43:2607:46:30VPDLUCAS,JASON40E08:58:4007:44:02VPDHERRERA,GUSTAVOS707:53:5308:41:2208:00:07201810214883737 S SOTO, VERNON415MCDONALDS09:26:1910/20/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181698 CA0197300VPDLUCAS,JASON*40E09:27:0610:35:4509:29:37VPDOURIQUE,CARLOS25W09:31:1010:36:1609:33:26VPDHERRERA,GUSTAVOS709:28:2910:35:43201810214981Page of 210/21/201800:08:57114 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:10/20/201810/20/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181021498E VERNON AV // SANTA FE AV, VERNONTRAFFIC STOP13:23:5210/20/2018RPT1015VIDepartmentOCA NumberRMS JurisVPD CR20181699 CA0197300VPDLUCAS,JASON*40E14:40:3013:23:52VPDOURIQUE,CARLOS25W13:33:2314:31:4113:41:0820181021500S 1ST // 57TH, VERNON92514:08:0410/20/2018RPT1015DepartmentOCA NumberRMS JurisVPD CR20181700 CA0197300VPDVILLEGAS,RICHARD*3214:56:3914:08:04VPDHERRERA,GUSTAVOS714:08:0814:31:1414:12:48201810215084280 MAYWOOD AV, VERNON484PROMATE PRODUCE16:05:3910/20/2018RPT 25WVIDepartmentOCA NumberRMS JurisVPD CR20181701 CA0197300VPDOURIQUE,CARLOS*25W16:06:3517:14:1116:12:37VPDVILLEGAS,RICHARD3216:08:5416:30:4316:12:39VPDLUCAS,JASON40E16:08:5617:14:1116:13:30VPDHERRERA,GUSTAVOS716:12:4117:14:1216:15:01* Denotes Primary Unit2Page of 210/21/201800:08:57115 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:10/21/201810/21/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181021545E 46TH // SAINT CHARLES, VERNONREC04:46:5810/21/2018VRECRPTDepartmentOCA NumberRMS JurisVPD CR20181702 CA0197300VPDHERNANDEZ,MIGUEL,JR*26W06:28:2404:46:5820181021553E 53D // SANTA FE AV, VERNONREC07:45:1910/21/2018VRECRPTDepartmentOCA NumberRMS JurisVPD CR20181703 CA0197300VPDVASQUEZ,LUIS*41W08:22:5107:45:19201810215595008 S BOYLE AV, VERNON242RDAVID GARMENT12:27:2410/21/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181704 CA0197300VPDLUCAS,JASON*40E12:28:51 12:28:5213:29:0612:31:15201810215604300 MAYWOOD AV, VERNON417R12:36:0110/21/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181705 CA0197300VPDDOCHERTY,MICHAEL*9112:52:02 12:52:0213:38:3312:55:4120181021570CHARTER AV // MAYWOOD AV, VERNONPEDCK17:31:1510/21/20181015RPTDepartmentOCA NumberRMS JurisVPD CR20181706 CA0197300VPDLUCAS,JASON*40E19:03:0317:31:16201810215783049 E VERNON AV, VERNONDEMOSTRAFARMER JOHN19:13:5510/21/2018RPTCOPDepartmentOCA NumberRMS JurisVPD CR20181708 CA0197300VPDVASQUEZ,LUIS*41W19:14:5622:30:2119:15:43VPDHERNANDEZ,MIGUEL,JR26W21:35:4622:08:2421:40:14201810215795353 DOWNEY RD, VERNON925J AND J SNACKS20:48:2510/21/20181015RPTDepartmentOCA NumberRMS JurisVPD CR20181707 CA01973001Page of 210/22/201804:05:37116 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:10/21/201810/21/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201810215795353 DOWNEY RD, VERNON925J AND J SNACKS20:48:2510/21/20181015RPTDepartmentOCA NumberRMS JurisVPDCR20181707CA0197300VPDVELEZ,MARISSA*25E20:50:47 20:51:3022:11:5020:53:45VPDHERNANDEZ,MIGUEL,JR26W20:51:4421:33:3720:55:33VPDREYNA,JOSE S3220:50:48 20:51:3221:36:2520:59:29* Denotes Primary Unit2Page of 210/22/201804:05:37117 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:10/22/201810/22/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181021601S SANTA FE AV // 51ST, VERNONTRAFFIC STOP02:12:1810/22/2018VOIDPAWCDepartmentOCA NumberRMS JurisVPD CR20181709 CA0197300VPDSANTOS,DANIEL*S302:34:1502:12:18VPDVELEZ,MARISSA25E02:34:1502:14:02VPDREYNA,JOSE S3202:12:20 02:12:2202:14:0420181021604S ATLANTIC BL // DISTRICT BL, VERNON20002CERISSA DIAZ05:50:5910/22/2018RPTCITYDepartmentOCA NumberRMS JurisVPD CR20181711 CA0197300VPDREYNA,JOSE S*3205:52:45 05:52:4606:18:1805:59:5520181021608S ATLANTIC BL // DISTRICT BL, VERNONPEDCK06:18:1510/22/2018VOIDASSTDepartmentOCA NumberRMS JurisVPD CR20181710 CA0197300VPDREYNA,JOSE S*3206:33:3206:18:20VPDVELEZ,MARISSA25E06:18:2206:29:2406:23:15201810216124575 E DISTRICT BL, VERNON902TJOE PEREZ07:09:0010/22/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181712 CA0197300VPD*40W07:09:5907:12:28VPDHERNANDEZ,MIGUEL,JR26E07:13:1907:13:51 07:56:4207:13:24VPD31E07:18:3307:11:46VPDVILLEGAS,RICHARD32E07:56:4207:15:39201810216156062 ALCOA AV, VERNON594RA RUDIN07:53:2010/22/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181713 CA0197300VPDVILLEGAS,RICHARD*32E07:57:05 07:57:2608:19:5408:03:58201810216292525 FRUITLAND AV, VERNONVCK10:44:3210/22/2018VSDepartmentOCA NumberRMS JurisVPD CR20181714 CA01973001Page of 210/23/201800:54:32118 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:10/22/201810/22/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201810216292525 FRUITLAND AV, VERNONVCK10:44:3210/22/2018VSDepartmentOCA NumberRMS JurisVPDCR20181714CA0197300VPDENCINAS,ANTHONY*40W11:58:4110:44:37201810216402202 ANDERSON, VERNONREPOURBAN X13:12:3310/22/2018REPODepartmentOCA NumberRMS JurisVPDCR20181715CA0197300VPDRECORDS BUREAU*RECD13:25:3513:15:3020181021641E DISTRICT BL // LOMA VISTA AV, VERNON902TNANETTE13:22:0410/22/2018CWANRDVSDepartmentOCA NumberRMS JurisVPDCR20181716CA0197300VPDENCINAS,ANTHONY*40W13:23:0914:06:5713:32:28VPDCAM,PATRICK38E13:23:4514:06:5713:36:43201810216564250 S ALAMEDA, VERNON459RLEIGH SILVER16:46:4110/22/2018RPTDepartmentOCA NumberRMS JurisVPDCR20181718CA0197300VPDVILLEGAS,RICHARD*32E17:26:2616:47:27VPDCAM,PATRICK38E16:47:5917:39:1317:06:01VPDENCINAS,ANTHONY40W18:17:5618:18:38VPDZOZAYA,OSCAR41W18:56:2718:18:3520181021661S ATLANTIC BL // BANDINI BL, VERNON417STEPHAN17:29:1310/22/2018RPTDepartmentOCA NumberRMS JurisVPDCR20181717CA0197300VPDMARTINEZ,GABRIEL*S617:30:4217:48:47VPDVILLEGAS,RICHARD32E18:31:3717:36:14VPDCAM,PATRICK38E17:30:4318:31:3717:33:35VPDENCINAS,ANTHONY40W17:40:0117:36:17* Denotes Primary Unit2Page of 210/23/201800:54:32119 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:10/23/201810/23/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201810216965500 S SOTO, VERNONSRMETMURINK07:20:5710/23/2018METRPTDepartmentOCA NumberRMS JurisVPD CR20181719 CA0197300VPDCAM,PATRICK*38E07:22:43 07:22:4608:01:1707:33:03VPDMADRIGAL,MARIA/GODOY,RAYMOND4107:25:2107:48:5307:32:17VPDOURIQUE,CARLOSMET107:23:18 07:23:1809:06:1207:27:19201810217014484 E 49TH, VERNONREPO07:42:2410/23/2018REPODepartmentOCA NumberRMS JurisVPD CR20181720 CA0197300VPDRECORDS BUREAU*RECD08:20:1807:49:2420181021703FRUITLAND AV // ALCOA AV, VERNON2000207:49:1010/23/2018CITYRPTDepartmentOCA NumberRMS JurisVPD CR20181721 CA0197300VPDMADRIGAL,MARIA/GODOY,RAYMOND*4107:49:1508:39:1607:49:1020181021706S BOYLE AV // RANDOLPH, VERNON902TMARTIN SANCHEZ07:58:0410/23/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181722 CA0197300VPDONOPA,DANIEL*25E08:01:42 08:01:4408:02:09VPDCAM,PATRICK38E08:02:1208:44:0108:06:27201810217212424 E 26TH, VERNONID THEFT RPTJACOB SUPPLIES09:22:5110/23/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181723 CA0197300VPDENCINAS,ANTHONY*32W09:24:30 09:24:3109:44:1109:25:05VPDMADRIGAL,MARIA/GODOY,RAYMOND4109:25:2710:54:0609:42:3320181021734E 26TH // MINERVA, VERNONSRMET11:09:0710/23/2018METRPTDepartmentOCA NumberRMS JurisVPD CR20181724 CA0197300VPDMADRIGAL,MARIA*4111:55:2211:09:07VPDCAM,PATRICK38E11:30:3011:13:471Page of 210/24/201800:12:41120 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:10/23/201810/23/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181021734E 26TH // MINERVA, VERNONSRMET11:09:0710/23/2018METRPTDepartmentOCA NumberRMS JurisVPD CR20181724 CA0197300VPDOURIQUE,CARLOSMET111:21:1712:31:2311:25:28201810217436140 ALCOA AV, VERNONVCK12:09:0710/23/2018CITEVIDepartmentOCA NumberRMS JurisVPD CR20181725 CA0197300VPDCAM,PATRICK*38E12:39:0812:09:08201810217568407 WASHINGTON BL BLVD, PICO RIVERALOCATEMR. C TOW - MONICA15:01:2210/23/2018VRECVPDRECORDS BUREAU*RECD16:25:3915:04:03201810217624400 ALCOA AV, VERNONREPOPENGUIN FOODS16:24:0910/23/2018REPODepartmentOCA NumberRMS JurisVPD CR20181726 CA0197300VPDRECORDS BUREAU*RECD17:05:3816:25:43* Denotes Primary Unit2Page of 210/24/201800:12:41121 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:10/24/201810/24/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201810217834305 S SANTA FE AV, VERNON14002:56:0510/24/2018SUPVPDREYNA,JOSE S*32W04:08:0302:56:05201810218044201 FRUITLAND AV, VERNON594RSOUTHLAND PAPER BOX09:34:5810/24/2018RPTVPDRECORDS BUREAU*RECD09:39:2109:35:57201810218094722 EVERETT AV, VERNON459VRMR. CHOW ENTERPRISES10:24:2810/24/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181727 CA0197300VPDMADRIGAL,MARIA/GODOY,RAYMOND*3810:28:3112:35:4410:31:4820181021820S SOTO // 50TH, VERNONPEDCK14:10:4410/24/2018RPT1015DepartmentOCA NumberRMS JurisVPD CR20181728 CA0197300VPDCHAVEZ,JERRY,JR*S216:03:1914:10:44VPDGENERA,ELISEO2W4514:38:4916:15:29VPDMADRIGAL,MARIA/GODOY,RAYMOND3816:15:2914:17:4720181021821SEVILLE AV // VERNON AV, VERNON902TYESENIA BLANCO15:06:0710/24/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181729 CA0197300VPDENCINAS,ANTHONY*32W15:08:58 15:09:1315:57:5515:15:0220181021835BANDINI BL // BONNIE BEACH PL, VERNON20002RMARTIN VILLANUEVA18:39:5710/24/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181731 CA0197300VPDZOZAYA,OSCAR*40E18:41:0719:19:4218:50:25VPDCAM,PATRICK25E19:35:3019:17:30201810218361Page of 210/25/201805:22:02122 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:10/24/201810/24/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181021836LEONIS BL // BOYLE AV, VERNON902TMETAL PRODUCTS ENGINEERING INC.18:41:5610/24/2018RPTDepartmentOCA NumberRMS JurisVPDCR20181730CA0197300VPDENCINAS,ANTHONY*32W18:42:2419:30:3018:43:05201810218393052 VERNON, VERNON594FARMER JOHN19:33:2110/24/2018RPTDepartmentOCA NumberRMS JurisVPDCR20181732CA0197300VPDCERDA,PAUL,JR*31W19:35:00 19:35:0221:00:2419:37:01VPDCAM,PATRICK25E19:35:4521:43:2519:37:18VPDCERDA,EUGENIO4021:43:2519:38:36* Denotes Primary Unit2Page of 210/25/201805:22:02123 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:10/25/201810/25/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201810218474584 E 50TH, VERNON459VRAMERICAN STANDARD COATING06:22:5210/25/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181734 CA0197300VPDCAM,PATRICK*25E06:29:0606:47:23 07:53:4506:36:4720181021849ATLANTIC // DISTRICT, VERNON901TRMITCHELL06:45:4210/25/2018RPTVSDepartmentOCA NumberRMS JurisVPD CR20181733 CA0197300VPDCAM,PATRICK*25E07:27:1306:52:01VPD41W06:52:4007:25:43 08:12:3307:05:51201810218575503 S BOYLE AV, VERNONWELCKREED ELECTRIC09:00:5610/25/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181735 CA0197300VPDCAM,PATRICK*25E09:03:2010:15:5909:04:29VPDMADRIGAL,MARIA/GODOY,RAYMOND3809:27:1011:49:2609:31:07VPDSWINFORD,PHILLIP41W11:32:5009:14:25201810218685602 BICKETT, VERNON484REB BRADLEY12:14:3310/25/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181736 CA0197300VPDSWINFORD,PHILLIP*41W12:21:09 12:21:1012:46:4912:23:4620181021873MAYWOOD AV // DISTRICT BL, VERNON20002RDAN13:21:3110/25/2018RPTVIDepartmentOCA NumberRMS JurisVPD CR20181737 CA0197300VPDMADRIGAL,MARIA/GODOY,RAYMOND*3813:23:04 13:23:3913:28:44VPDVILLEGAS,RICHARD32E13:29:3614:14:4313:31:44VPDSWINFORD,PHILLIP41W14:14:5613:27:53201810218772955 LEONIS BL, VERNON20002RPRILLID14:04:5410/25/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181738 CA0197300VPDVILLEGAS,RICHARD*32E14:15:44 14:15:4514:44:3714:21:201Page of 210/26/201805:20:25124 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:10/25/201810/25/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181021886S ALAMEDA // VERNON AV, VERNON901TAT&T MOBILITY 800 635 6840 417:23:1510/25/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181739 CA0197300VPDSWINFORD,PHILLIP*41W17:24:1719:06:0017:26:22VPDVILLEGAS,RICHARD32E17:25:1318:35:0017:28:57VPDCHAVEZ,JERRY,JRS217:25:1617:58:5917:29:38201810218874305 S SANTA FE AV, VERNONPAPD18:25:5510/25/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181740 CA0197300VPDMADRIGAL,MARIA/GODOY,RAYMOND*3818:30:12 18:30:4819:17:4118:37:52VPDCERDA,EUGENIO41W19:55:3619:06:23201810218923751 SEVILLE AV, VERNON911AFASHION NOVA20:58:2710/25/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181741 CA0197300VPDCERDA,EUGENIO*41W21:03:3322:01:2921:07:06VPDVASQUEZ,LUIS40E21:49:0121:09:43* Denotes Primary Unit2Page of 210/26/201805:20:25125 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:10/26/201810/26/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181021915LEONIS BL // SOTO, VERNON901TRMICHAEL SCHAFFER08:47:2110/26/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181742 CA0197300VPDVILLEGAS,RICHARD*32E08:49:5909:56:2908:53:11201810219191950 E 25TH, VERNONILLDPG RPTDUTY IMPORT09:55:0510/26/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181743 CA0197300VPDDOCHERTY,MICHAEL*91W09:58:1811:19:1310:04:4120181021941E 25TH // SANTA FE AVE, VERNON901TVERIZON WIRELESS 1-800-451-524215:36:2910/26/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181744 CA0197300VPDDOCHERTY,MICHAEL*91W15:36:49 15:37:3216:14:3215:41:58VPDSWINFORD,PHILLIP4115:38:2716:01:4715:41:12VPDCHAVEZ,JERRY,JRS216:16:4216:31:14VPDHERRERA,GUSTAVOS716:31:1415:52:35201810219422522 E 37TH, VERNON901TVERIZON WIRELESS 1-800-451-524215:51:1510/26/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181745 CA0197300VPDVILLEGAS,RICHARD*32E15:52:29 15:52:2917:27:2915:54:43VPDSWINFORD,PHILLIP4116:01:5017:27:3016:03:4820181021943E 55TH // ALAMEDA, VERNON901TKARINA16:12:1510/26/2018CITERPTDepartmentOCA NumberRMS JurisVPD CR20181746 CA0197300VPDDOCHERTY,MICHAEL*91W16:14:3617:07:4616:18:19VPDHERRERA,GUSTAVOS716:33:5117:07:47* Denotes Primary Unit1Page of 110/27/201800:02:09126 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:10/27/201810/27/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181021987BANDINI BL // ATLANTIC BL, VERNON925CHP OPER A1557703:11:2910/27/20181015RPTDepartmentOCA NumberRMS JurisVPDCR20181747CA0197300VPDVELEZ,MARISSA*26E03:12:54 03:13:1604:50:2303:17:19VPDLANDA,RAFAEL31W04:04:0004:50:2304:07:51VPDREYNA,JOSE S4003:12:56 03:13:1704:42:1003:18:27201810219945600 S ALAMEDA, VERNON S/A 100PEDCK07:56:3610/27/2018RPT1015DepartmentOCA NumberRMS JurisVPDCR20181748CA0197300VPDOURIQUE,CARLOS*25W08:58:3907:56:362018102200076TH // WADSWORT, LOS ANGELESLOCATELAPD-77TH09:52:1510/27/2018VREC* Denotes Primary Unit1Page of 110/28/201823:54:39127 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:10/28/201810/28/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181022053SANTA FE // RANDOLPH, VERNONTRAFFIC STOP00:10:2910/28/2018RPT1015VIDepartmentOCA NumberRMS JurisVPD CR20181749 CA0197300VPDVELEZ,MARISSA*38W02:26:5200:10:29VPDHERNANDEZ,MIGUEL,JR40E00:26:2201:46:1900:31:59VPDREYNA,JOSE S4100:10:5301:10:4900:13:4620181022054S ALAMEDA // VERNON AV, VERNON41701:19:1510/28/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181750 CA0197300VPDESTRADA,IGNACIO*S402:08:4301:19:15VPDHERNANDEZ,MIGUEL,JR40E01:46:1902:03:5701:19:19VPDREYNA,JOSE S4102:03:5501:19:1720181022060S SOTO // 26TH, VERNONWELCK04:06:3910/28/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181751 CA0197300VPDVELEZ,MARISSA*38W05:15:4204:06:52VPDHERNANDEZ,MIGUEL,JR40E04:32:4504:14:30VPDREYNA,JOSE S4104:10:1904:32:4104:12:53201810220915800 BOYLE, VERNON20002R13:12:4210/28/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181752 CA0197300VPDLUCAS,JASON*91W13:12:58 13:12:5913:47:4013:13:00* Denotes Primary Unit1Page of 110/29/201800:34:03128 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:10/29/201810/29/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201810221134903 S SANTA FE AV, VERNON245EL TENAMPA00:02:3710/29/20181015RPTDepartmentOCA NumberRMS JurisVPDCR20181753CA0197300VPDHERNANDEZ,MIGUEL,JR*40W00:04:0702:55:5000:04:44VPDCERDA,PAUL,JR1700:04:0802:55:4900:04:45VPDSWINFORD,PHILLIP41E00:05:3402:55:5000:07:25VPDESTRADA,IGNACIOS401:33:5800:07:48201810221285685 ALCOA AV, VERNON459RCONSTRCTION SITE07:03:1610/29/20181098RPTDepartmentOCA NumberRMS JurisVPDCR20181756CA0197300VPDVILLEGAS,RICHARD*3107:05:06 07:05:2211:09:14 07:45:5507:14:06VPDCAM,PATRICK25E07:05:3512:13:2407:14:08VPDMADRIGAL,MARIA/GODOY,RAYMOND3811:25:0812:13:2411:27:48201810221362529 S SANTA FE AV, VERNON594RVERNON CREDIT UNION09:25:3610/29/2018RPTDepartmentOCA NumberRMS JurisVPDCR20181754CA0197300VPDZOZAYA,OSCAR*32W09:27:58 09:28:1610:39:3509:39:50201810221376118 ALCOA AV, VERNON484RTHERMO KING09:34:3010/29/2018RPTDepartmentOCA NumberRMS JurisVPDCR20181755CA0197300VPDMADRIGAL,MARIA/GODOY,RAYMOND*3809:39:4511:25:0509:55:54201810221445685 ALCOA AV, VERNON14013:25:3810/29/2018SUPVPDCAM,PATRICK*25E13:25:5914:33:3013:42:39201810221492529 CHAMBERS, VERNONVCK15:15:1510/29/2018VSDepartmentOCA NumberRMS JurisVPDCR20181757CA0197300VPDZOZAYA,OSCAR*32W15:53:2115:15:151Page of 110/30/201803:18:00129 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:10/30/201810/30/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201810221854675 52D DR, VERNONREPOCARS RECOVERY02:30:4310/30/2018REPODepartmentOCA NumberRMS JurisVPDCR20181758CA0197300VPDRECORDS BUREAU*RECD02:59:3702:32:5720181022226E SLAUSON AV // ALCOA AV, VERNONSRMETJASON10:25:1210/30/2018RPTDepartmentOCA NumberRMS JurisVPDCR20181759CA0197300VPDENCINAS,ANTHONY*41E10:26:1911:19:2710:31:00VPDOURIQUE,CARLOSMET110:50:5612:26:4210:55:56VPDMARTINEZ,GABRIELS611:16:0810:30:3320181022247S SANTA FE AV // VERNON AV, VERNON902TVERIZON WIRELESS 800 451 5242 413:10:1910/30/2018RPTCITEDepartmentOCA NumberRMS JurisVPDCR20181760CA0197300VPDZOZAYA,OSCAR*32W13:52:4813:12:37VPDCAM,PATRICK2613:14:1013:38:5513:20:18VPDCROSS,JEREMY5D3013:52:4813:15:23VPDGAYTAN,LORENZO5D3113:52:4813:15:20VPDHERNANDEZ,EDWARD5D3213:52:4913:15:23201810222546200 MALBURG WY, VERNON459VRA4 MOSHAY17:23:5110/30/2018RPTDepartmentOCA NumberRMS JurisVPDCR20181761CA0197300VPDCAM,PATRICK*2617:42:1018:21:0117:51:36* Denotes Primary Unit1Page of 110/31/201802:26:56130 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:10/31/201810/31/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201810222806118 ALCOA AV, VERNON484RTHERMO KING07:31:1610/31/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181762 CA0197300VPDENCINAS,ANTHONY*32W07:32:5607:34:35VPDZOZAYA,OSCAR/GODOY,RAYMOND4007:34:3008:23:1907:37:27201810222854400 PACIFIC BL, VERNON20001RELIZABETH08:23:0710/31/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181763 CA0197300VPDDOCHERTY,MICHAEL*41E08:24:5908:46:4508:32:10VPDENCINAS,ANTHONY32W08:25:1308:51:4408:40:40VPDZOZAYA,OSCAR4008:25:0610:47:1908:40:43201810222945201 S DISTRICT BL, VERNON459VRGANDER AND WHITE SHIPPING10:35:4710/31/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181764 CA0197300VPDDOCHERTY,MICHAEL*41E10:40:3311:43:2310:48:07201810222974553 SEVILLE AV, VERNON902TELECO CO11:51:5410/31/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181765 CA0197300VPDENCINAS,ANTHONY*32W12:04:02 12:04:2512:47:59201810223034731 FRUITLAND AV, VERNON476RCATWALK TO SIDEWALK14:01:5410/31/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181766 CA0197300VPDDOCHERTY,MICHAEL*41E14:12:3115:03:4314:26:0920181022306S ATLANTIC BL // DISTRICT BL, VERNON902TJARED14:43:2910/31/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181767 CA0197300VPDENCINAS,ANTHONY*32W14:48:2215:50:4615:00:29VPDZOZAYA,OSCAR4015:50:4615:10:151Page of 211/01/201800:03:54131 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:10/31/201810/31/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201810223132727 E VERNON AV, VERNON484ROVERHILL FARMS16:40:5510/31/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181768 CA0197300VPDENCINAS,ANTHONY*32W16:42:5517:32:3916:49:50VPDZOZAYA,OSCAR4016:59:3317:32:3917:05:4320181022314E 26TH // BONNIE BEACH PL, VERNON20002RMILTON17:23:0810/31/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181770 CA0197300VPDDOCHERTY,MICHAEL*41E17:24:10 17:26:1118:25:5117:35:53VPDENCINAS,ANTHONY32W17:33:4317:35:5720181022315E DISTRICT BL // DOWNEY RD, VERNON20002RVINCENT ZISEE17:23:3510/31/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181769 CA0197300VPDZOZAYA,OSCAR*4017:33:0718:04:1017:39:46VPDENCINAS,ANTHONY32W17:36:0218:04:1017:37:52* Denotes Primary Unit2Page of 211/01/201800:03:54132 City Council Agenda Item Report Agenda Item No. COV-419-2018 Submitted by: Danita Robertson Submitting Department: Police Department Meeting Date: December 4, 2018 SUBJECT Vernon Police Department Activity Log and Statistical Summary for the period of November 1 through November 15, 2018 Recommendation: A. Receive and file. Backgroud: The Vernon Police Department's activity report consists of activity during the specified reporting period, including a summary of calls for service, and statistical information regarding arrests, traffic collisions, stored and impounded vehicles, recovered stolen vehicles, the number of citations issued, and the number of reports filed. Fiscal Impact: None. ATTACHMENTS 1. Police Department Activity Report - 11/01/18 to 11/15/18 133 134 135 136 137 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:11/01/201811/01/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201811223345151 HELIOTROPE ST, VERNONRECJAMES RODGERS05:51:5211/01/2018VRECRPTDepartmentOCA NumberRMS JurisVPD CR20181771 CA0197300VPDVALENZUELA,FERNANDO*26E05:54:53 05:54:5706:51:5606:02:10201811223432717 LEONIS BL, VERNON594RCITY OF VERNON08:30:0311/01/2018RPTCITYDepartmentOCA NumberRMS JurisVPD CR20181772 CA0197300VPDVILLEGAS,RICHARD*40W08:31:2109:24:0308:38:08201811223455107 S DISTRICT BL, VERNON594RALKAM HOME FASHION09:40:0811/01/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181774 CA0197300VPDDOCHERTY,MICHAEL*41E09:43:3410:23:4809:52:26201811223463737 S SOTO, VERNONRECMCDONALDS09:59:0511/01/2018RPTVRECDepartmentOCA NumberRMS JurisVPD CR20181773 CA0197300VPDSWINFORD,PHILLIP*32W10:01:1210:49:4510:03:36201811223492535 E 28TH, VERNONREPOSKYLIMIT APPAREL11:21:5211/01/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181775 CA0197300VPDRECORDS BUREAU*RECD12:40:1611:24:2120181122360S ATLANTIC BL // BANDINI BL, VERNON902TBELL PD13:59:0811/01/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181776 CA0197300VPDSWINFORD,PHILLIP*32W14:04:2214:50:1314:12:18201811223644889 LOMA VISTA AV, VERNON902TWRINKLER PLASTICS15:21:5911/01/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181777 CA0197300VPDDOCHERTY,MICHAEL*41E15:22:24 15:24:1817:02:4015:26:331Page of 211/02/201805:07:43138 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:11/01/201811/01/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201811223644889 LOMA VISTA AV, VERNON902TWRINKLER PLASTICS15:21:5911/01/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181777 CA0197300VPDSWINFORD,PHILLIP32W15:23:00 15:24:2017:02:2215:28:07VPDMADRIGAL,MARIA/GODOY,RAYMOND38E15:24:2317:23:5415:30:48201811223702800 S SOTO, VERNONBOVEHVERNON FIRE STATION 318:18:3411/01/2018VSDepartmentOCA NumberRMS JurisVPD CR20181778 CA0197300VPDDOCHERTY,MICHAEL*41E18:19:14 18:19:3719:01:1518:32:04201811223762529 S SANTA FE AV, VERNONA245CIRCLE K20:51:0811/01/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181779 CA0197300VPDNEWTON,TODD*40W20:52:1521:55:2020:53:07VPDLANDA,RAFAEL3220:52:3521:26:3820:58:09VPDMADRIGAL,MARIA/GODOY,RAYMOND38E20:52:2821:26:4120:53:08VPDVASQUEZ,LUIS41E21:26:4420:56:56VPDRODRIGUEZ,FERNANDOS120:52:2021:26:4620:53:05* Denotes Primary Unit2Page of 211/02/201805:07:43139 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:11/02/201811/02/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181122387GAGE // SANTA FE, VERNONDPTAST01:40:4011/02/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181780 CA0197300VPDLANDA,RAFAEL*3201:42:3003:14:2301:46:01VPDNEWTON,TODD40W02:25:1501:50:42201811223995100 S BOYLE AV, VERNON487RPROTEIN INC07:33:5311/02/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181781 CA0197300VPDOURIQUE,CARLOS*25W07:34:3908:01:5007:38:16201811224124580 PACIFIC BL, VERNONFOUNDWELLS FARGO BANK10:19:2411/02/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181782 CA0197300VPDOURIQUE,CARLOS*25W10:21:0710:49:3810:25:16201811224194139 E 26TH, VERNON901TBNSF YARD11:14:2811/02/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181783 CA0197300VPDSWINFORD,PHILLIP*3111:15:15 11:16:0412:03:1311:20:24VPDVILLEGAS,RICHARD26E11:19:4612:03:1611:29:40201811224254489 BANDINI BL, VERNONREPOBAKERY DEPOT13:56:3911/02/2018REPORPTDepartmentOCA NumberRMS JurisVPD CR20181784 CA0197300VPDRECORDS BUREAU*RECD14:21:4513:57:00201811224302301 E VERNON AV, VERNON594RARCADIA INC14:57:4611/02/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181785 CA0197300VPDOURIQUE,CARLOS*25W15:00:4815:22:3215:02:50201811224351Page of 211/03/201804:04:39140 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:11/02/201811/02/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201811224353333 DOWNEY RD, VERNON503RUNITED PARCEL SERVICE16:21:4811/02/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181787 CA0197300VPDVILLEGAS,RICHARD*26E16:24:4418:07:0416:28:27201811224372602 E 37TH, VERNON273.5WEST COAST DISTRUBITION16:35:2811/02/20181015RPTDepartmentOCA NumberRMS JurisVPD CR20181786 CA0197300VPDOURIQUE,CARLOS*25W16:37:2019:10:0916:37:33VPDSWINFORD,PHILLIP3116:40:2217:58:4516:41:51VPDCHAVEZ,JERRY,JRS216:37:2217:17:0016:39:32* Denotes Primary Unit2Page of 211/03/201804:04:39141 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:11/03/201811/03/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene2018112246443RD // ALAMEDA, VERNONTRAFFIC STOP00:11:1611/03/2018RPTVICITEDepartmentOCA NumberRMS JurisVPD CR20181788 CA0197300VPDNEWTON,TODD*41W00:42:5500:11:16VPDHERNANDEZ,MIGUEL,JR38W00:11:1900:36:4200:14:18201811224722808 S SANTA FE AV, VERNON925FASHION MUSIC04:08:3511/03/20181015RPTVPDHERNANDEZ,MIGUEL,JR*38W04:10:23 04:10:5305:24:4704:17:35VPDNEWTON,TODD41W04:10:26 04:10:5104:52:3904:17:29201811224866140 ALCOA AV, VERNONVCK08:40:3311/03/2018VSRPTDepartmentOCA NumberRMS JurisVPD CR20181789 CA0197300VPDOURIQUE,CARLOS*25E09:05:3408:40:33201811224954305 S SANTA FE AV, VERNONGTAR10:01:1411/03/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181791 CA0197300VPDLUCAS,JASON*91W12:29:2510:02:38201811224963345 E SLAUSON AV, VERNON487RTADIN HERB AND TEA10:04:5011/03/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181790 CA0197300VPDOURIQUE,CARLOS*25E10:07:01 10:07:0210:40:1810:08:32201811225083840 E 26TH, VERNON902TCOMMAND PACKAGING14:37:1311/03/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181792 CA0197300VPDHERRERA,GUSTAVO*S714:47:0914:47:06VPDOURIQUE,CARLOS25E15:14:1416:05:4715:17:47VPDVILLEGAS,RICHARD3215:53:1915:41:231Page of 211/04/201804:51:09142 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:11/03/201811/03/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201811225083840 E 26TH, VERNON902TCOMMAND PACKAGING14:37:1311/03/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181792 CA0197300VPDLUCAS,JASON91W15:12:06 15:12:0615:14:16* Denotes Primary Unit2Page of 211/04/201804:51:09143 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:11/04/201811/04/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201811225483222 E WASHINGTON BL, VERNON459GARMENT LINE02:01:1511/04/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181793 CA0197300VPDVELEZ,MARISSA*20W02:03:0103:21:3802:03:44VPDHERNANDEZ,MIGUEL,JR38E02:04:5804:56:5002:06:46VPDNEWTON,TODD4102:04:5903:54:2702:06:47VPDESTRADA,IGNACIOS402:03:1303:35:0302:08:38201811225564305 S SANTA FE AV, VERNON594R07:29:4611/04/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181794 CA0197300VPD*9108:29:5607:29:46VPD4107:54:0907:37:42201811225725705 ALCOA AV, VERNONPATCK13:48:5811/04/20181015RPTVOIDDepartmentOCA NumberRMS JurisVPD CR20181795 CA0197300VPDVILLEGAS,RICHARD*32E14:33:4413:48:58VPDONOPA,DANIEL31W14:05:5515:02:3514:10:32VPDVELASQUEZ,RICHARD4114:07:4114:17:0314:16:02VPD9113:49:2014:35:0013:59:36VPDHERRERA,GUSTAVOS713:53:42 13:53:4314:34:5714:02:1020181122584S SANTA FE AV // PACIFIC BL, VERNONTRAFFIC STOP20:18:4411/04/2018VIRPT1015DepartmentOCA NumberRMS JurisVPD CR20181796 CA0197300VPDCHAVEZ,JERRY,JR*S220:26:5520:18:44VPDVALENZUELA,FERNANDO2620:18:4622:28:3320:22:54VPDHERNANDEZ,MIGUEL,JR31W22:00:4520:29:39VPDVELEZ,MARISSA40E20:21:0021:47:1220:21:49* Denotes Primary Unit1Page of 111/05/201800:34:44144 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:11/05/201811/05/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201811226102820 E 44TH, VERNON902TCOOSEMANS LA SHIPPING03:25:0011/05/2018RPTSRVDCITEDepartmentOCA NumberRMS JurisVPD CR20181797 CA0197300VPDVELEZ,MARISSA*40E03:29:4804:18:5003:33:55VPDHERNANDEZ,MIGUEL,JR31W03:30:4304:18:5003:34:0820181122619S ATLANTIC BL // DISTRICT BL, VERNON901TMYRA - PASSER BY07:05:2311/05/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181798 CA0197300VPDONOPA,DANIEL*31E07:06:45 07:06:5909:04:1707:10:05VPDCAM,PATRICK25E07:06:48 07:06:5807:24:4707:11:23VPDOURIQUE,CARLOS2608:06:0607:10:36VPDENCINAS,ANTHONY40W07:11:2008:31:2207:18:37VPDMARTINEZ,GABRIELS608:20:4207:21:3220181122621S ATLANTIC BL // DISTRICT BL, VERNON902T07:25:0411/05/2018CITERPTDepartmentOCA NumberRMS JurisVPD CR20181799 CA0197300VPDCAM,PATRICK*25E08:18:5207:25:05201811226223200 FRUITLAND AV, VERNONINDUSTACCTRAAT&T MOBILITY 800 635 6840 408:03:5311/05/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181800 CA0197300VPDOURIQUE,CARLOS*2608:06:08 08:06:0911:29:4908:10:48VPDCAM,PATRICK25E08:18:5613:40:4608:22:09VPDCROSS,JEREMY5D3013:40:4608:53:17VPDGAYTAN,LORENZO5D3113:40:4708:53:19VPDMARTINEZ,GABRIELS608:20:4609:40:1208:31:12201811226351926 E 51ST, VERNON594RYOU WANT A DEAL10:00:4611/05/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181801 CA01973001Page of 211/06/201802:50:13145 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:11/05/201811/05/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201811226351926 E 51ST, VERNON594RYOU WANT A DEAL10:00:4611/05/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181801 CA0197300VPDENCINAS,ANTHONY*40W10:02:09 10:02:0911:06:4410:11:54201811226385555 S DISTRICT BL, VERNON20002VERIZON WIRELESS 1-800-451-524210:27:1811/05/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181802 CA0197300VPDZOZAYA,OSCAR*41W10:29:19 10:29:2010:30:00VPDONOPA,DANIEL31E10:29:5911:48:1410:44:31201811226642529 S SANTA FE AV, VERNON484RVERNON CREDIT UNION13:46:4711/05/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181803 CA0197300VPDOURIQUE,CARLOS*2613:47:58 13:47:5913:48:32VPDENCINAS,ANTHONY40W13:48:3114:44:5913:57:06201811226672914 LEONIS BL, VERNON20002RLESBIA MEDINA14:33:4911/05/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181804 CA0197300VPDZOZAYA,OSCAR*41W14:35:18 14:35:2315:22:1214:45:53201811226753121 FRUITLAND AV, VERNON487RRED DIESEL15:36:3411/05/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181805 CA0197300VPDZOZAYA,OSCAR*41W15:38:20 15:38:2117:34:5816:02:57201811226772131 E 52D, VERNON242AMERICAN COVER DESIGNS16:44:5911/05/20181015RPTDepartmentOCA NumberRMS JurisVPD CR20181806 CA0197300VPDENCINAS,ANTHONY*40W16:46:14 16:46:1718:35:2016:51:14VPDCAM,PATRICK38E16:47:1118:27:0316:51:18* Denotes Primary Unit2Page of 211/06/201802:50:13146 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:11/06/201811/06/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201811227032750 S ALAMEDA, VERNON459RMUTUAL TRADING08:24:0211/06/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181807 CA0197300VPDCAM,PATRICK*20W08:25:54 08:25:5408:26:26VPDONOPA,DANIEL31W08:26:2508:59:1008:38:5720181122732S ALAMEDA // 55TH, VERNONPEDCK10:31:5511/06/20181015RPTDepartmentOCA NumberRMS JurisVPD CR20181808 CA0197300VPDMADRIGAL,MARIA*3812:56:3010:31:55VPDCAM,PATRICK20W14:08:4011:03:50VPDONOPA,DANIEL31W11:02:1811:22:4611:03:14VPDSOUSA,ROBERTOC211:16:3411:05:38VPDOURIQUE,CARLOSMET111:01:3711:31:4911:23:12VPDCHAVEZ,JERRY,JRS211:02:2311:21:5811:03:23201811227493150 E 46TH, VERNON459VR14:57:1811/06/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181809 CA0197300VPDONOPA,DANIEL*31W14:57:3015:24:4315:05:13VPDZOZAYA,OSCAR32E14:58:4815:05:15201811227524305 S SANTA FE AV, VERNON920PR15:25:3011/06/2018RPTVPDRECORDS BUREAU*RECD15:30:2715:26:35VPDDISPATCHDISP15:45:5415:30:26* Denotes Primary Unit1Page of 111/07/201804:39:53147 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:11/07/201811/07/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201811227864305 S SANTA FE AV, VERNONSRMET08:25:1811/07/2018METRPTDepartmentOCA NumberRMS JurisVPD CR20181810 CA0197300VPDZOZAYA,OSCAR*32W08:39:5908:27:39VPDMADRIGAL,MARIA/GODOY,RAYMOND38E09:38:4808:27:42VPDOURIQUE,CARLOSMET108:27:5009:38:4808:37:33201811227885000 PACIFIC BL, VERNON902TMARTIN ORTIZ08:43:4611/07/2018RPT 40WCITEDepartmentOCA NumberRMS JurisVPD CR20181811 CA0197300VPDENCINAS,ANTHONY*40W08:45:4109:45:2508:46:58201811228024643 52D DR, VERNON S/A 117ID THEFT RPTEDITH ALARCON12:09:3511/07/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181812 CA0197300VPDMADRIGAL,MARIA/GODOY,RAYMOND*38E12:11:5912:59:2712:16:08201811228082801 E 46TH, VERNONREC14:44:0611/07/20181015RPTDepartmentOCA NumberRMS JurisVPD CR20181813 CA0197300VPDCHAVEZ,JERRY,JR*S215:50:4814:44:06VPDCAM,PATRICK20E14:59:5815:55:3915:30:11VPDZOZAYA,OSCAR32W14:44:5117:28:5214:55:34VPDMADRIGAL,MARIA38E14:45:0015:09:1214:55:35VPDENCINAS,ANTHONY40W15:46:3215:21:4420181122810BANDINI BL // ATLANTIC BL, VERNON902TPAUL17:13:4211/07/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181814 CA0197300VPDMADRIGAL,MARIA*38E17:16:0618:30:51VPDZOZAYA,OSCAR32W18:30:4819:02:4618:34:39201811228161Page of 211/08/201801:27:54148 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:11/07/201811/07/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181122816E 27TH // SANTA FE AV, VERNONREC18:57:0311/07/2018VRECDepartmentOCA NumberRMS JurisVPD CR20181815 CA0197300VPDENCINAS,ANTHONY*40W19:32:1819:01:43201811228263278 E SLAUSON AV, VERNON484AM PM23:20:4911/07/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181816 CA0197300VPDHERRERA,GUSTAVO*S723:22:5200:17:2923:24:35VPDVASQUEZ,LUIS31E00:05:5200:17:28VPDVALENZUELA,FERNANDO40W00:17:2923:25:43VPDCERDA,EUGENIO41E00:08:2423:54:24VPDRODRIGUEZ,FERNANDOS100:17:2923:24:41* Denotes Primary Unit2Page of 211/08/201801:27:54149 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:11/08/201811/08/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201811228345207 DOWNEY RD, VERNONREPOLUCKY PICTURE08:30:1411/08/2018REPODepartmentOCA NumberRMS JurisVPD CR20181817 CA0197300VPDRECORDS BUREAU*RECD09:02:4108:32:45201811228365100 S DISTRICT BL, VERNON459APACIFIC COAST CHEMICAL09:12:4411/08/20181015RPTDepartmentOCA NumberRMS JurisVPD CR20181818 CA0197300VPDVILLEGAS,RICHARD*41W09:15:4709:50:4409:21:46VPDSWINFORD,PHILLIP25E09:16:0010:14:2009:17:43201811228384305 S SANTA FE AV, VERNONMR6010:12:2411/08/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181819 CA0197300VPDCHAVEZ,JERRY,JR*S210:25:1910:12:40201811228454525 E DISTRICT BL, VERNONA487RBON APPETIT11:23:0911/08/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181821 CA0197300VPDSWINFORD,PHILLIP*25E11:26:1812:26:5111:35:26201811228464305 S SANTA FE AV, VERNONFOUND12:12:1611/08/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181820 CA0197300VPDVILLEGAS,RICHARD*41W14:02:4712:12:34201811228572801 LEONIS BL, VERNONWELCKALFRED18:15:1211/08/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181822 CA0197300VPDVILLEGAS,RICHARD*41W18:16:29 18:17:1619:04:1218:23:00VPDSWINFORD,PHILLIP25E18:16:30 18:17:1720:19:2318:22:07VPDNEWTON,TODD40W20:07:1420:07:26VPD4118:54:3319:26:3719:06:581Page of 211/12/201808:29:45150 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:11/08/201811/08/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201811228702324 E 49TH, VERNONVCK22:57:3211/08/2018VIRPTDepartmentOCA NumberRMS JurisVPD CR20181823 CA0197300VPDNEWTON,TODD*40W23:35:1522:57:32201811228714333 MAYWOOD AV, VERNONVCK23:17:4911/08/2018VIRPTDepartmentOCA NumberRMS JurisVPD CR20181824 CA0197300VPDLANDA,RAFAEL*32E23:52:4723:17:49* Denotes Primary Unit2Page of 211/12/201808:29:45151 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:11/09/201811/09/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201811228772380 E 51ST, VERNON484RKALS PLASTIC00:58:4211/09/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181825 CA0197300VPDNEWTON,TODD*40W01:01:39 01:02:1601:37:40 01:13:5201:06:44VPDVASQUEZ,LUIS4101:02:3301:37:35 02:46:2801:08:002018112288223801 CALABASAS RD, CALABASASMUTUAL AID05:24:3911/09/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181827 CA0197300VPDVILLEGAS,RICHARD/CAM,PATRICK*2606:05:32 07:01:07VPDVILLEGAS,RICHARD/CAM,PATRICK2006:05:3306:07:09VPDREYNA,JOSE S/VELEZ,MARISSA4017:23:57 18:06:0820181122914E 30TH // SANTA FE AV, VERNON20002RJUAN ESQUEDA15:38:2411/09/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181826 CA0197300VPDDOCHERTY,MICHAEL*91W15:39:5716:13:0715:47:1120181122921E 37TH // SEVILLE AV, VERNON901TT-MOBILE (877) 653-791117:41:1211/09/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181828 CA0197300VPDZOZAYA,OSCAR*3117:41:4218:34:4417:49:43VPDVALENZUELA,FERNANDO25E17:42:3218:35:4317:43:00VPDDOCHERTY,MICHAEL91W17:44:0218:33:2617:45:3020181122925E VERNON AV // DOWNEY RD, VERNON902TAARON THOMAS18:59:2211/09/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181829 CA0197300VPD*20E19:02:47 19:02:4919:39:2019:07:45* Denotes Primary Unit1Page of 111/10/201801:46:55152 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:11/10/201811/10/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201811229625725 ALCOA AV, VERNON484RCONCORD FARMS08:29:2611/10/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181830 CA0197300VPDVALENZUELA,FERNANDO*31E08:30:48 08:31:2108:59:2108:35:30201811229682357 E SLAUSON AV, VERNON594RGILBERTS AUTO BODY11:16:2111/10/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181831 CA0197300VPDLUCAS,JASON*91W11:18:4811:48:2511:24:2320181122978S DISTRICT BL // HELIOTROPE, VERNON459VRJULIO IBARRA14:35:2011/10/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181832 CA0197300VPDVALENZUELA,FERNANDO*31E14:37:47 14:38:2615:38:2914:40:12* Denotes Primary Unit1Page of 111/11/201800:40:00153 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:11/11/201811/11/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181123018DOWNEY RD // DISTRICT BL, VERNON902TANGELA BLANCO08:35:5611/11/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181833 CA0197300VPDLUCAS,JASON*91E08:36:52 08:37:0609:20:2108:43:2320181123036S SUNOL DR // BANDINI BL, VERNONVCK19:40:0411/11/2018CITEVSRPTDepartmentOCA NumberRMS JurisVPD CR20181834 CA0197300VPDVELEZ,MARISSA*38E20:14:4819:40:04* Denotes Primary Unit1Page of 111/12/201800:18:21154 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:11/12/201811/12/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201811230733018 E 46TH, VERNON415UNK05:47:4011/12/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181835 CA0197300VPDREYNA,JOSE S*32W05:49:59 05:50:3207:15:2605:53:04VPDCAM,PATRICK20E07:15:5208:58:3607:23:40VPDCERDA,PAUL,JR2505:50:00 05:50:3407:26:4705:51:49VPDVELEZ,MARISSA38E05:51:0006:16:2605:53:21VPDCROSS,JEREMY5D3006:42:1907:15:28VPDESTRADA,IGNACIOS405:56:0006:21:0105:59:26201811230885100 S DISTRICT BL, VERNON20002RAT&T MOBILITY 800 635 6840 409:48:3711/12/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181836 CA0197300VPDVILLEGAS,RICHARD*41E09:51:5710:19:4610:02:14VPDCAM,PATRICK20E09:52:0010:34:3410:01:51201811230976118 ALCOA AV, VERNON484RTHERMO KING11:45:0111/12/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181837 CA0197300VPDVILLEGAS,RICHARD*41E11:46:3212:31:4012:02:29201811231004361 S SOTO, VERNONPATCK13:40:4611/12/2018RPT1015DepartmentOCA NumberRMS JurisVPD CR20181838 CA0197300VPDENCINAS,ANTHONY*32W14:39:5313:40:46VPDCAM,PATRICK20E14:10:1913:53:04VPDONOPA,DANIEL31W13:47:5114:05:1613:52:18* Denotes Primary Unit1Page of 111/13/201803:38:11155 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:11/13/201811/13/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181123137S SOTO // 26TH, VERNONREC06:42:0311/13/2018VRECVSDepartmentOCA NumberRMS JurisVPD CR20181839 CA0197300VPDCERDA,PAUL,JR*41W06:48:5206:42:42VPDCAM,PATRICK20W08:29:3806:48:12VPDONOPA,DANIEL25W07:31:5506:49:16VPDREYNA,JOSE S3206:48:5806:44:43VPDVALENZUELA,FERNANDO40E06:48:5406:43:26VPDMARTINEZ,GABRIELS606:43:5407:04:4206:46:09201811231664305 S SANTA FE AV, VERNONFOUND10:45:3811/13/2018SUPVPDCAM,PATRICK*20W10:45:5210:46:34VPDONOPA,DANIEL25W10:46:3111:43:3311:14:37201811231792775 E 26TH, VERNON594RSTERICYCLE12:05:2711/13/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181840 CA0197300VPDONOPA,DANIEL*25W12:22:1112:50:1812:26:56201811231872600 E 28TH, VERNONFOUNDFED EX13:00:5111/13/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181841 CA0197300VPDZOZAYA,OSCAR*26E13:02:3013:55:4113:18:03201811231954623 HAMPTON, VERNON911AUNK15:01:5611/13/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181842 CA0197300VPDONOPA,DANIEL*25W15:03:4216:18:1015:06:45VPDZOZAYA,OSCAR/GODOY,RAYMOND26E15:44:1617:31:3815:57:52201811232001Page of 211/14/201805:03:04156 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:11/13/201811/13/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201811232002051 E 55TH, VERNONGTARLA FAYETTE TEXTILES CORP16:47:4511/13/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181843 CA0197300VPDONOPA,DANIEL*25W16:57:15 17:05:5017:36:3317:10:3720181123208TEMPLETON // CLAREDON, VERNONDPTAST19:14:3011/13/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181845 CA0197300VPDREYNA,JOSE S*26E19:15:1120:41:5919:22:31201811232094322 FURLONG PL, VERNONMISPRCHELSELY19:18:5911/13/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181844 CA0197300VPDVALENZUELA,FERNANDO*31W19:26:02 19:26:0220:33:4219:29:49VPDSANTOS,DANIELS320:33:4319:44:01* Denotes Primary Unit2Page of 211/14/201805:03:04157 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:11/14/201811/14/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201811232243228 E 50TH, VERNONVCK01:43:2911/14/20181015RPTDepartmentOCA NumberRMS JurisVPD CR20181846 CA0197300VPDHERRERA,GUSTAVO*S702:19:4001:43:29VPDVALENZUELA,FERNANDO31W02:07:3001:48:56VPDCERDA,PAUL,JR32E01:49:1402:36:1901:51:29VPDSANTOS,DANIELS302:19:4601:43:34201811232302822 S SOTO, VERNON925HOLIDAY ROCK06:59:0311/14/20181015RPTDepartmentOCA NumberRMS JurisVPD CR20181847 CA0197300VPD*38E06:59:34 07:00:2808:25:5107:07:33VPDVILLEGAS,RICHARD4007:17:2807:07:58VPDOURIQUE,CARLOSMET107:00:2607:33:5207:03:25201811232612042 E VERNON AV, VERNONREPOUNK13:37:3211/14/2018REPODepartmentOCA NumberRMS JurisVPD CR20181848 CA0197300VPDRECORDS BUREAU*RECD13:46:1613:40:4920181123265BANDINI//DOWNEY, VERNONREC15:17:3811/14/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181849 CA0197300VPDZOZAYA,OSCAR*2615:48:0015:18:05VPDENCINAS,ANTHONY3215:20:2015:48:1815:23:16VPDMADRIGAL,MARIA/GODOY,RAYMOND38E16:30:2215:35:11VPDVILLEGAS,RICHARD4016:27:1415:23:19VPDDOCHERTY,MICHAEL91W15:18:0615:55:0915:41:01VPDCHAVEZ,JERRY,JRS215:19:5416:17:0215:21:2120181123270S SOTO // FRUITLAND AV, VERNON920PR16:13:4111/14/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181850 CA0197300VPDRECORDS BUREAU*recd18:33:5216:13:551Page of 211/15/201805:17:32158 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:11/14/201811/14/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181123276CORONA AV // 48TH, VERNON920PR17:29:4211/14/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181851 CA0197300VPDMADRIGAL,MARIA/GODOY,RAYMOND*38E18:45:1417:32:5720181123277BANDINI BL // ATLANTIC BL, VERNON901TR17:54:3911/14/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181852 CA0197300VPDZOZAYA,OSCAR*2617:54:5917:55:49VPDDOCHERTY,MICHAEL91W17:55:3819:03:2118:06:2520181123286E DISTRICT BL // CORONA AV, VERNONVCK21:28:2611/14/20181015RPTDepartmentOCA NumberRMS JurisVPD CR20181853 CA0197300VPDCERDA,EUGENIO*40E02:15:1221:28:26VPDVASQUEZ,LUIS31W00:38:2723:01:42VPDCERDA,PAUL,JR32W23:02:3321:30:39VPDSANTOS,DANIELS322:53:1221:56:35VPDHERRERA,GUSTAVOS721:45:2722:53:1021:56:37* Denotes Primary Unit2Page of 211/15/201805:17:32159 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:11/15/201811/15/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201811232962201 E 51ST, VERNON20002RALL AMERICAN07:04:3411/15/2018CITYRPTDepartmentOCA NumberRMS JurisVPD CR20181854 CA0197300VPDSWINFORD,PHILLIP*25W07:20:1508:21:3007:23:17VPD3807:39:2908:30:5207:41:47201811233132914 LEONIS BL, VERNONASTVFDSONIC GAMES13:14:2611/15/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181855 CA0197300VPDGAYTAN,LORENZO*5D3115:08:4113:14:26VPDSWINFORD,PHILLIP25W13:14:33 13:15:2614:35:3813:15:25VPDMADRIGAL,MARIA3813:15:2317:29:5413:24:20VPDVILLEGAS,RICHARD41E13:15:0514:52:5513:24:17VPDPEREZ,NICKL217:16:4214:01:19VPDCHAVEZ,JERRY,JRS215:38:5613:17:25* Denotes Primary Unit1Page of 111/16/201805:05:02160 City Council Agenda Item Report Agenda Item No. COV-388-2018 Submitted by: Ali Nour Submitting Department: Public Utilities Meeting Date: December 4, 2018 SUBJECT Approval to Submit Request for Disbursement No. 2 to Commonwealth Land Title Company in Accordance with the rPlanet Earth Los Angeles, LLC Added Facilities Agreement Recommendation: A. Find that the proposed action is exempt under the California Environmental Quality Act (“CEQA”), because it is an administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Authorize the proposed request for Disbursement No. 2, in substantially the same form as submitted herewith, for electric service delivery in the amount of $391,610.93, and in accordance with the existing Added Facilities Agreement with rPlanet Earth Los Angeles, LLC. Backgroud: rPlanetEarth Los Angeles, LLC (“Customer”) is operating a plastic recycling plant in Vernon that requires a much larger electric service delivery than what is normally delivered to new property developments. The Customer requires an estimated 19,000 KW of equipment to be served by Vernon Public Utilities ("VPU"). Normally, the utilities bypass the distribution system and require the transmission system to serve the requested load. Building a new transmission system substation requires a large footprint on the customer’s property which the customer did not have space to spare. Therefore, in lieu of constructing a new transmission substation, the customer agreed to enter into an Added Facilities Agreement (“AFA”) with the City. The AFA was approved by City Council via Resolution No. 2016-04 on January 19, 2016. The AFA covers additional equipment and services needed to serve the Customer's electrical needs pursuant to the requirements identified in the City's Electric Service Rate No.2. In the AFA, parties agreed that the City shall provide design, engineering, procurement, construction, installation, ownership, and maintenance of the electric facilities as fully described in Exhibit A of the AFA (the cost of which shall be paid solely by the customer). The customer deposited $2,300,000 to an escrow account established by the City and the customer, to cover cost incurred by the City to accommodate Phase 1 completion with disbursement of funds requests to be submitted by the City to the escrow to reimburse all incurred costs. Commonwealth Land Title Insurance Company is the mutually agreed upon escrow agent to whom the customer has delivered funds. The Added Facilities Installations for rPlanetEarth plant consist of two phases. The total Added Facilities Installation Cost for Phase1 was estimated at $800,000 plus $350,000 estimated for line extension and all other related services to accommodate Phase 1 electric services to be reimbursed through the existing escrow account. On July 17, 2018 the City Council approved the request for Disbursement No. 1 in the amount of $723,155.58 for a portion of Phase 1. Phase 2 electric services are estimated at $450,000 and will begin once the customer initiates the request and deposits additional funds into escrow. 161 The existing escrow funds are to ensure all activities related to delivering Phase 1 are covered as well as other billable charges such as providing construction services for temporary services, street pole relocations and line extension out of Leonis Substation. The Request for Disbursement No. 2 has been reviewed and approved by the City Attorney's Office. Fiscal Impact: The proposed request for Disbursement No. 2 in the amount of $391,610.93 covers the additional costs that VPU has incurred to date for a portion of Phase 1 construction since the first disbursement. Once received, the funds will be deposited into account number 055.9100.450330 as a reimbursement for costs incurred by the City. ATTACHMENTS 1. Request for Disbursement No. 2 2. Added Facilities Agreement with rPlanet Earth Los Angeles, LLC 162 PUBLIC UTILITIES DEPARTMENT 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Fax (323) 826-1407 Exclusively Industrial December 4, 2018 Mai-Ly MarshAVP, Senior National Title Coordinator/Closer National Commercial ServicesCommonwealth Land Title Company888 S. Figueroa Street, Suite 2100Los Angeles, CA 90017 Re: Escrow No. 09170093 – MMarsh (Vernon) Dear Mrs. Marsh: In accordance with the Escrow Agreement and the Added Facilities Agreement dated as of February 2, 2016 with respect to property located at 3200 Fruitland and pursuant to Section 19 of the Facilities Agreement, the City requests a disbursement from Commonwealth Escrow No. #09170093-mm in order to pay for Added Facilities Installation Costs and/or Line Extension Costs from the Reserve Funds. Subject to Exhibit A of the Facilities Agreement and related to Phase 1, the City requests disbursement in the amount of $391,610.93 for the following cost incurred to date per table below: Item #Phase 1 Provider Cost Taxes %15 Eng. and Admin fees Subtotal 1 Transformers CG Power $88,506.00 $8,408.07 $14,537.11 $111,451.18 2 Switches G&W Electric Company $92,954.00 $8,830.63 $15,267.69 $117,052.32 3 Service Installs Petrelli Electric $141,832.65 $21,274.90 $163,107.55 Total $391,610.93 163 November 15, 2018 Page 2 City of Vernon, 4305 Santa Fe Avenue, Vernon, California 90058 – Telephone (323) 583-8811 Please remit the disbursement amount electronically using the following banking information: Financial Institution: East West BankAccount Name: Light & PowerAccount Number: 80362791 Routing Number: 322070381 Should you need additional information, please let me know. Sincerely, By: Yvette Woodruff-Perez, Mayor ATTEST: Maria E. Ayala, City Clerk APPROVED AS TO FORM: Brian Byun, Senior Deputy City Attorney Cc: Mr. Bradley CohenMr. Robert Daviduk 164 CITY OF VERNON ADDED FACILITIES AGREEMENT 1. PARTIES: The Parties to this Added Facilities Agreement ("Agreement") are RPLANET EARTH LOS ANGELES, LLC, a Delaware limited liability company ("Customer") and the City of Vernon, a California municipal corporation ("City"), hereinafter referred to individually as "Party" and collectively as "Parties." 2. RECITALS: 2.1. City and the Customer (or, an affiliate of the Customer) are entering into this Agreement with respect to the electric service delivery to the property located at 3200 Fruitland, Vernon, California (the "Property"). 2.2. Customer has requested to receive electric service from City at a single or totalized point of 16 kV delivery starting on or about the Start Date (as defined below) at an initial service level of 5,750 kW demand based on an estimated 9,000 kW of connected load with a potential service level of 11,000 kW demand based on an estimated 19,000 kW of connected load. 2.3. Parties agree that City shall provide the design, engineering, procurement, construction, installation, ownership, and maintenance of the electric facilities described in Exhibit A, and hereinafter referred to as "Added Facilities", the cost of which shall be paid solely by the Customer in accordance herewith. . 2.4. Parties agree that in -lieu of constructing a 66 kV substation at the Customer property, Customer shall pay to City $1,000,000 in aid of construction to upgrade the City' electrical substation transformers (the "In Lieu Fee"). 2.5. Parties agree that the City shall extend a new 16 KV line from inside the City's electrical substation to the customer's property line to be identified as a 16 KV line extension (the "Line Extension"). Customer shall pay for the Line Extension in accordance herewith. For purposes of determining the Added Facilities Installation Costs and Added Facilities Monthly Charge, the line extension is excluded from the list of Added Facilities. 2.6. Parties agree that Customer shall deliver to an escrow account established by the City and Customer the amount specified herein, which amounts will be used to pay to the City and/or its contractors all Added Facilities Installation Costs (as defined below) and Line Extension Costs (as defined below). 3. AGREEMENT: Parties agree to the terms and conditions set forth herein, including Exhibits A through E, attached hereto and incorporated herein by this reference. 4. EFFECTIVE DATE AND TERM: 4.1. This Agreement shall be effective upon execution by the Parties and approval by the City Council of the City ofVernon. 00001/10-27-15/jmd/jmd WEST\263631313.4 165 4.2. This Agreement shall continue in effect until (a) Customer gives notice of termination of service in accordance with Vernon's Rules for Electric Service (as amended, the Electric Service Rules"), (b) this Agreement is terminated by City due to an Event of Default by Customer (c) this Agreement is terminated by City due to a Failure to Commence Operations by Customer, ten (10) business days after notice from City to Customer, or (d) this Agreement is terminated pursuant to Section 19, 4.3. If this Agreement is terminated, Customer shall pay within ten (10) business days after notice from City (a) all unpaid Added Facilities Installation Costs, Added Facilities Monthly Charges and any other amounts owed by Customer hereunder, in each case through the date of termination, and (b) the Termination Fee, as described on Exhibit C. Customer's obligations to pay such amounts shall survive the termination of this Agreement. If the Customer has elected to terminate this Agreement, such termination shall not be effective unless and until such amounts are paid in full. 5. DEFINITIONS: The following terms, when used herein with initial capitalization, whether in the singular or the plural, shall have the following meanings: 5.1. Added Facilities: The facilities to be designed, engineered and constructed as specified in Exhibit A, all of which are being allocated for the Customer's use and benefit as Added Facilities. Any upgrades or improvements associated with such Added Facilities will be mutually agreed upon by Customer and City in writing and will thereafter automatically become part of the Added Facilities. 5.2. Added Facilities Installation Costs: All costs and expenses incurred by City in relation to the design, engineering, procurement, construction, and installation of the Added Facilities, including without limitation the reasonably allocated costs of internal City employees involved with such design, engineering, procurement, construction and installation. Customer acknowledges that the Added Facilities Installation Costs may be based on prevailing wages and other regulatory requirements. The Added Facilities Installation Costs shown on Exhibit A are estimates only. If the final Added Facilities Installation Costs differ from the estimates, the Added Facilities Installation Costs will be equal to such final amount and Exhibit A, and related calculations in Exhibits B and C, shall be deemed automatically amended to reflect the same. 5.3. Added Facilities Monthly Rate: The Added Facilities Monthly Rate pursuant to Exhibit B. 5.4. Agreement and Amendments: This Agreement, including all attachments and exhibits hereto, as may be amended from time to time. Modifications and amendments to this Agreement shall be valid and enforceable only if in writing and signed by the Parties, or as otherwise expressly provided herein. 5.5. Added Facilities Monthly Charge: The charge to Customer for Added Facilities that is payable monthly to City as outlined in Exhibit C, as may be modified in accordance herewith. The Added Facilities Monthly Charge recovers replacement, operations and maintenance of all facilities that are allocated for Customer's exclusive use consisting of 00001/10-27-15/jmd/jmd -2- WEST\263631313.4 166 distribution transformers, pad -mounted switches, pad -mounted primary metering cabinets, 16 KV cabling from pad -mounted switches to distribution transformers and 600 Volts cabling from the transformers to the customer furnished electric panels and low voltage metering and all necessary hardware to deliver a reliable and efficient power delivery. The Added Facilities Monthly Charge does not include the costs of the Line Extension, as the City will be fully responsible for its upkeep. 5.6. Completion Date. December 15, 2016, subject to uncontrollable forces as described in Section 11 below. 5.7. Effective Date. The date set forth in Section 30 below. 5.8. In Lieu Fee. $1,000,000 in cash and immediately available funds, as contemplated by Section 2.5. 5.9. Line Extension. As generally described in Section 2.6, and more particularly described on Exhibit A-1. 5.10. Line Extension Costs. All costs and expenses incurred by City in relation to the design, engineering, procurement, construction, and installation of the Line Extension, including without limitation the reasonably allocated costs of internal City employees involved with such design, engineering, procurement, construction and installation, estimates of which are provided on Exhibit A-1. Customer acknowledges that the Line Extension Costs may be based on prevailing wages and other regulatory requirements. The Line Extension Costs shown on Exhibit A-1 are estimates only. If the final Line Extension Costs differ from the estimates, the Line Extension Costs will be equal to such final amount and Exhibit A-1, and related calculations on Exhibit C, shall be deemed automatically amended to reflect the same. 5.11. Reserve Amount. An amount equal to two hundred percent of the estimated Added Facilities Installation Costs and Line Extension Costs, which based on Exhibits A and A-1 as of the Effective Date and as applied to Phase 1 of the Added Facilities only, is equal to $2,300,000. 5.12. Services: The design, engineering, procurement, construction, installation, ownership, replacement, operation and maintenance of the Added Facilities. 5.13. Start Date. The date that is thirty (30) days following the date upon which the City has completed the installation of the Added Facilities. 6. ADDED FACILITIES; LINE EXTENSION: 6.1. The Added Facilities will be located at the Property. Added Facilities consist of, among other things, construction and installation of distribution transformers and apparatus delivering multiple 277/480 volt service points for the benefit of the Customer on the terms and conditions set forth in this Agreement. The Added Facilities allocated for Customer's exclusive use shall be installed in or on Customer's furnished underground infrastructure consisting of conduit banks, transformer concrete pads, switching concrete pads, primary 00001/10-27-15/jmd/jmd -3- WEST\263631313.4 167 metering concrete pads and protective barriers, all of which are to be provided by Customer at Customer's sole cost and expense. 6.2. City shall perform all of the Services related to the Added Facilities and the Line Extension. 6.3. Subject to Customer's fulfillment of the conditions precedent set forth in Section 19 below, City will (a) commence performance of the design and construction of the Line Extension and Phase 1 of the Added Facilities, as described on Exhibit A, upon full execution of this Agreement and (b) use commercially reasonable efforts to install the Line Extension and Phase 1 of the Added Facilities by the Completion Date, so that they are fully operational upon the issuance of a "Certificate of Occupancy" for the Property (which is estimated by Customer to be obtained on or before December 31, 2016). 6.4. Added Facilities and the Line Extension shall at all times remain the property of City. 6.5. At Customers election, the Added Facilities are being constructed in two phases as described on Exhibit A. The facilities constructed in Phase 1 shall be adequate to serve the initial 5,750 kW contract demand. The Added Facilities constructed in Phase 2 shall be adequate to accommodate Customer's electric demand of with a potential of 11,000 kW. 6.6. Customer shall install the underground infrastructure consisting of conduit banks, concrete pads and protective barriers for all phases prior to final paving of the Property and in all cases in a timely manner to ensure City's ability to perform the installation of the Added Facilities in accordance herewith. 6.7. City shall exercise commercially reasonable efforts to complete the installation of Phase 1 of the Added Facilities and Line Extension per the Project Schedule included as Exhibit D. However, City shall not be liable for any cost or damage incurred by Customer because of any delay in the commencement, progress or completion of the installation of any Added Facilities or the Line Extension. 6.8. City shall construct and maintain the Added Facilities and Line Extension diligently pursuant to all applicable federal, state and local safety codes, regulations, and laws, including but not limited to the requirements of California's General Orders No. 95, 128 and 165. Customer shall have the exclusive right of use of the Added Facilities located on the property. 6.9. Prior to the date on which City completes the Added Facilities and provides electrical service to Customer at the Property, Customer shall have obtained and paid for all necessary local and state licenses and permits for operation of its business including City of Vernon building, electrical and mechanical permits, health permit, certificate of occupancy, business license, etc. City shall not provide electrical service under this Agreement until Customer has notified City in writing of its date of commencing operations, which shall not occur prior to the date on which Customer has obtained all of such licenses and permits. 6.10. Notwithstanding anything to the contrary herein, City will not commence, and shall have no obligations with respect to, Services relating to Phase 2 of the Added Facilities 00001/10-27-15/jmd/jmd -4- WEST\263631313.4 168 until such time as Reserve Funds therefore have been deposited with the Escrow Agent, as provided in Section 19 below. 7. CHARGES: 7.1. Customer agrees to pay the Added Facilities Installation Costs, the Added Facilities Monthly Charge, the Line Extension Costs and the Termination Fee in accordance herewith. 7.2. Within three (3) business days after the Effective Date, Customer shall pay to City, pursuant to wiring instructions provided by the City, the In Lieu Fee. 7.3. If at any time Customer requests upgrades to the Added Facilities for Customer's convenience, City shall determine if such upgrades are feasible. If such upgrades are made at Customer's request for Customer's convenience and benefit, the costs shall be paid by Customer at the times and on the basis as agreed to by the Parties at the time. 7.4. The Added Facilities Monthly Charge will commence upon the Start Date. 7.5. MODIFICATIONS OR REPLACEMENT OF ADDED FACILITIES AND LINE EXTENSION: Whenever Added Facilities and/or components of the Line Extension are repaired or replaced due to damage or equipment failure, the work shall be completed at City's sole expense in accordance with good utility practice, pursuant to all applicable federal, state and local safety codes, regulations and laws, including but not limited to the requirements of California General Orders No. 95, 128 and 165. Notwithstanding the foregoing, if the damage or equipment failure is caused by or due to action or inaction by the Customer, then the Customer shall be solely responsible for the entire cost of repair or replacement and shall pay the same to City within ten (10) business days after demand therefor. Where an upgrade or improvement to the Added Facilities or Line Extension is required for City's convenience or necessity, no increase shall be made in the investment amount for Added Facilities, the Added Facilities Installation Cost, Line Extension Costs or the Added Facilities Monthly Charge. Such upgrades or improvements shall be reasonably coordinated with Customer prior to any such upgrades or improvements made in order to avoid unreasonable interruption of Customer's operations. 7.6. Subject to Section 7.5, City shall be responsible for all routine maintenance and repairs required to maintain the Added Facilities and Line Extension in good operating condition and shall make those capital expenditures (including capital repairs and replacements, as necessary) required to maintain the Added Facilities and Line Extension. 8. RIGHT-OF-WAY: Customer understands that property owner grants to City the right of ingress to and egress from Customer's Property as determined by City in its sole discretion for any purpose connected with the construction, operation, and maintenance of the Added Facilities and Line Extension. Customer agrees to provide right-of-way or easements of sufficient space to provide legal clearance from all structures now or hereafter erected on Customer's Property for any facilities of City. Customer and property owner will promptly execute a recordable document, based on the City's customary form, evidencing the above 00001/10-27-15/jmd/jmd -5- WEST\263631313.4 169 described right of ingress and egress and right-of-way or easement, with the recordation costs to be borne by City. 9. BILLING AND PAYMENT: 9.1. City shall prepare and deliver monthly bills to Customer for the Added Facilities Monthly Charge. 9.2. The Customer shall pay the Added Facilities Monthly Charge concurrently with its electric service bills. Late charges will be applied pursuant to City's Electric Service Rules. 10. NOTICES: Except as otherwise provided in this Agreement, any notice, demand, or request provided for in this Agreement, or served, given, or made in connection with the Agreement, shall be in writing and shall be deemed properly served, given, or made if delivered in person, or sent by United States Mail, postage prepaid, or sent by reputable overnight delivery service, to the address specified below Company: RPLANET EARTH LOS ANGELES, LLC Attention: Robert Daviduk, Co -CEO Address: 2361 Rosecrans Ave., Suite 336 City, State, Zip: El Segundo, CA 90245 Telephone: 310) 527-0733 Email: bob( mlanetearth.com Copy to: Allen Matkins Leck Gamble Mallory & Natsis LLP Attention: Joe M. Davidson, Esq. Address: 501 W. Broadway, 15th Floor City, State, Zip: San Diego, CA 92101 Email: jdavidson@allenmatkins.com Vernon: Vernon Gas & Electric Department Attention: Carlos Fandino, Director Address: 4305 Santa Fe Avenue City, State, Zip: Vernon, CA 90058 Telephone: Email: Copy to: City Attorney's Office Attention: Hema Patel, City Attorney Address: 4305 Santa Fe Avenue City, State, Zip: Vernon, CA 90058 Either Party may at any time, by notice to the other Party, change the designation or address of the person so specified as the one to receive notices pursuant to this Agreement. Notices are deemed given and received on the date of delivery or attempted delivery, if delivery is not accepted. 00001/10-27-15/jmd/jmd -6- WEST\263631313.4 170 11. FORCE MAJEURE: Neither Party shall be considered to be in default in the performance of any of its obligations under this Agreement (other than obligations to make payments pursuant to this Agreement) when failure of performance shall be due to uncontrollable forces. The term "uncontrollable forces" means any cause beyond the control of the Party failing to perform, including, but not restricted to, failure of facilities, flood, earthquake, storm, lightning, fire, epidemic, war, riot, terrorism, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority, and action or non -action by, or inability to obtain the necessary authorizations or approvals from, any governmental agency or authority which by exercise of due diligence such Party could not reasonably have been expected to avoid and which by exercise of due diligence it has not overcome. Either Party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force shall give prompt written notice of such fact to the other Party and shall exercise due diligence to remove such liability. Nothing contained herein shall be construed to require a Party to settle any strike or labor dispute in which it may be involved. 12. INDEMNIFICATION AND LIMITATIONS ON LIABILITY: 12.1. Except to the extent of City's gross negligence or willful misconduct, Customer agrees to indemnify, defend, and hold harmless City of and from any and all claims, causes of action, damages and judgments arising out of any act or omission of City, and its officers, directors, employees and agents that may have caused injury or damage to any person, or to the equipment, fixtures, goods, products, or other property of the Customer, the Customer's employees, contractors, invitees, customers, or any other person in or about the Property, regardless of cause or whether or not such injury or damage results from conditions arising from Services provided by City hereunder or the installation, operation or maintenance of the Added Facilities and/or Line Extension or any failure of the Added Facilities or Line Extension to deliver electrical power or any defect in the Added Facilities and/or Line Extension, or explosion, fire, or steam released from the Added Facilities and/or Line Extension. 12.2. Notwithstanding either Party's negligence or breach of this Agreement, under no circumstances shall either Party be liable to the other Party for indirect, special, or consequential loss, damage, claim, cost, charge, or expense including, but not limited to, loss of business or any loss of income or profit therefrom, loss of use of a Party's facilities, loss of revenue, cost of replacement power or water, and claims of any third party, including any customer of the other Party. 13. ENTIRE AGREEMENT: This Agreement, including Exhibits A through E, the Agreement for Economic Development Incentive on Electric Service entered into by and between the City and Customer of even date herewith constitutes the complete and final expression of the agreement between the Parties and is intended as a complete and exclusive statement of the terms of their agreement which supersedes all prior and contemporaneous offers, promises, representations, negotiations, discussions, communications, and other agreements which may have been made in connection with the subject matter of this Agreement. 14. RELATIONSHIP OF PARTIES: The covenants, obligations, and liabilities of the Parties are intended to be several and not joint or collective, and nothing contained in this 00001/10-27-15/jmd/jmd -7- WEST\263631313.4 171 Agreement shall ever be construed to create an association, joint venture, trust or partnership, or to impose a trust or partnership covenant, obligation, or liability on or with regard to either Parry. Each Party shall be individually responsible for its own covenants, obligations, and liabilities as provided in this Agreement. Neither Party shall be under the control of the other Party. Neither Party shall be the agent of or have a right or power to bind the other Party without such other Party's express written consent. 15. NO THIRD -PARTY RIGHTS: The parties do not intend to create rights in, or to grant remedies to, any third Party as a beneficiary either of this Agreement or of any duty, covenant, obligation, or undertaking established herein. 16. ARBITRATION: The Parties agree that any and all disputes arising out of or in relation to this Agreement, including without limitation any action in tort, shall be resolved exclusively, finally and conclusively by arbitration in Los Angeles County, California under the auspices of and pursuant to the rules of the Judicial Arbitration & Mediation Services, Inc. JAMS). Each Party will select an arbitrator. Those two arbitrators will then select a third. The three member panel will make the final decision. All decisions of the arbitrators shall be in writing, and the arbitrators shall provide written reasons for their decision. The arbitration decision shall be final, unappealable and binding on the parties. Notwithstanding the foregoing, the Parties shall be permitted to access the court system to enforce any arbitration award or to obtain injunctive relief. The exclusive jurisdiction and venue for any such action shall be the Superior Court of California, Los Angeles County. 17. ATTORNEYS' FEES: If either Party institutes an action or legal proceeding arising out of or related to this Agreement or the relationship of the Parties or their rights or duties in connection with the matters set forth in this Agreement, whether sounding in tort, contract, or otherwise, the prevailing Party in such action or proceeding shall be entitled to recover from the other party all costs and expenses, including all costs and reasonable attorneys' fees, in addition to any other remedy awarded by the arbitration panel. 18. INSURANCE: Customer shall, for the duration of this Agreement, obtain and maintain at its own expense, premises liability coverage with a minimum combined single limit of $1,000,000 per occurrence and provide City with proof of insurance providing and maintaining the coverages and endorsements set forth herein. Said proof of insurance shall also provide that said policy or policies shall not be canceled or materially reduced in coverage without giving at least thirty (30) days prior written notice to the City. The insurance coverage as listed herein, shall be properly endorsed to include those contractual obligations which may be identified further within this Agreement and shall be endorsed to provide City all the rights and privileges of an additional insured. Customer shall cause its insurers to issue, including but not limited to, Certificates of Insurance or, upon request, certified copies of the insurance policies evidencing that the coverages and policy endorsements required under this Agreement, are maintained in force. 19. CONDITIONS PRECEDENT subject to the following conditions precedent: City's obligations under this Agreement are 00001/10-27-15/jmd/jmd -8- WEST\263631313.4 172 19. 1. Within three (3) business days after the Effective Date, Customer shall deliver to Commonwealth Land Title Insurance Company, Attention: Mai Ly Marsh ("Escrow Agent"), in immediately available funds an amount equal to the Reserve Amount (the "Reserve Funds"). City will be entitled to use the Reserve Funds for purposes of paying the Added Facilities Installation Costs and Line Extension Costs. From time to time, as the City progresses with the Services regarding the Added Facilities and/or Line Extension, the City may request a disbursement from the Escrow Agent in order to pay Added Facilities Installation Costs and/or Line Extension Costs. Escrow Agent shall, without further authorization or approval from anyone, disburse the requested amount to City. If City at any time determines that the Reserve Funds are insufficient to pay the Added Facilities Installation Costs and/or Line Extension Costs the insufficient amount being the "Deficiency"), Customer shall, within five (5) business days after notice thereof from City, deliver to Escrow Agent an amount equal to 200% of such Deficiency. Upon completion of the installation of the Added Facilities and Line Extension and payment of all Added Facilities Installation Costs and Line Extension Costs, any balance of the Reserve Funds remaining with the Escrow Agent shall be released and refunded to Customer upon a joint written instruction of City and Customer. 19.2. Within three (3) business days after the Effective Date, Customer shall have paid to City the In Lieu Fee. 19.3. If said conditions are not satisfied on or before the deadlines indicated, and such failure continues for three (3) days after notice from City to Customer, City may terminate this Agreement by notice to Customer. 19.4. As and when Customer elects for the City to proceed with Services relating to Phase 2 of the Added Facilities, Customer shall cause to be deposited with Escrow Agent Reserve Funds for the estimated Added Facilities Installation Costs relating to Phase 2. Use of such funds will then be governed by Section 19.1 above. City will provide such estimate at such time. The current estimate is set forth on Exhibit A. 20. EVENTS OF DEFAULT: 20.1. Any failure of a Party to perform its obligations hereunder that is not cured by the applicable Party within ten (10) business days after delivery of notice of default from the non -defaulting Party shall constitute an "Event of Default"; provided, however, that such default (other than with respect to any obligation to pay money in accordance herewith) shall not constitute an Event of Default if the applicable Party commences to cure the default within such ten (10) business day period and diligently prosecutes the cure to completion and in all events cures such default within sixty (60) days after the original notice of default. 20.2. In addition to any other remedies available at law or equity, City shall have the right, at its option, to terminate this Agreement and to demand payment as described herein upon the occurrence of an "Event of Default" by or with respect to Customer. 20.3. Upon demand by City following an Event of Default, Customer shall immediately pay all accrued and unpaid amounts owing by Customer as of the date of termination and the Termination Fee, as described in Exhibit C, calculated as of the date of 00001/10-27-15/jmd/jmd -9- WEST\263631313.4 173 termination. The termination of the obligations of City will not terminate the obligation of Customer until Customer has repaid City for any costs incurred pursuant to this Agreement. 20.4. Each of the following shall also constitute an Event of Default by Customer: (a) the making by Customer of any general arrangement or assignment for the benefit of creditors; (b) Customer becoming a "debtor" as defined in 11 U.S.C. §101 or any successor statute thereto (unless, in the case of an involuntary petition filed against Customer, the same is dismissed within 60 days); (c) the appointment of a trustee or receiver to take possession of substantially all of Customer's assets located at the Property, where possession is not restored to Customer within 30 days; or (d) the attachment, execution or other judicial seizure of substantially all of Customer's assets located at the Property, where such seizure is not discharged within 60 days; provided, however, in the event that any provision of this subparagraph is contrary to any applicable law, such provision shall be of no force or effect, and not affect the validity of the remaining provisions. 21. ASSIGNMENT: This Agreement shall bind and inure to the benefit of the Parties and their respective successors and assigns; provided however, that, Customer shall not assign this Agreement or any of its rights, duties, or obligations without the prior written consent of City, which consent shall not be unreasonably withheld. 22. NO WAIVER: No delay or omission to exercise any right, power or remedy accruing to a Party on any breach or default of the other Party under this Agreement shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach or default, or any acquiescence in such breach or default occurring later; nor shall any waiver of any single breach or default be considered a waiver of any other prior or subsequent breach or default. Any waiver, permit, consent, or approval of any kind by a party of any breach or default under this Agreement, or any waiver of any provisions or condition of this Agreement, must be in writing and shall be effective only to the extent specifically set forth in that writing. 23. REMEDIES: All remedies, either under this Agreement or by law or otherwise afforded to a Party, shall be cumulative and not alternative. 24. HEADINGS NOT BINDING: The use of headings in this Agreement is only for ease of reference, shall have no legal effect and are not to be considered part or a term of this Agreement. 25. SEVERABILITY: If any portion of this Agreement shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law. Furthermore, to the fullest extent possible, the provisions of this Agreement (including, without limitation, each portion of this Agreement containing any provision held to be invalid, void, or otherwise unenforceable that is not itself invalid, void, or enforceable) shall be construed so as to give effect to the intent manifested by the provision held invalid, void, or unenforceable. 26. GOVERNING LAW: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to its conflict of laws rules. 00001 /10-27-15/jmd/jand -10- WEST\263631313.4 174 27. COUNTERPARTS: This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. 28. GOVERNING DOCUMENTS: In the event of a conflict between this Agreement and any other rules or agreements issued by the City of Vernon governing such Added Facilities, this Agreement shall be primary. 29. SIGNATURE CLAUSE: The signatories hereto represent that they have been appropriately authorized to enter into this Agreement on behalf of the Party for whom they sign. 30. Effective Date. This Agreement is hereby executed as of the "Effective Date"). CUSTOMER RPLANET EARTH LOS ANGELES, LLC, a Delaww ryejimrted liab Y ' compan B ` 1 'u t,;r Name: C Title: D — CIEC) By: v Name: J-0 Title: Co THE CITY OF VERNON By: , Michael McCormick, Mayor TEST4(" Maria . Ayala, Ci Jerk APPROVED AS "f0 FORM: ANO1110-28.15/jmdfjmd -1 1- 1;k^l i ._ , , Si , ' 1 175 Hema Patel, City Attorney 00001/10-28-15/jmd/jmd -12- WES n263631313.4 176 EXHIBIT A ADDED FACILITIES PLANS AND SPECIFICATIONS Phase 1: Estimated Cost $800,000 Phase 1 consists of 5 pad -mounted transformers, 3 PME 16 KV pad -mounted switches, 2 16 KV primary metering cabinets, 16 KV primary cables on the Customer property, low voltage conductors from the transformers to the Customer furnished electrical panels, and low voltage metering. Phase 2: Estimated Cost $450,000 Phase 2 consists of 5 pad -mounted transformers, 3 PME 16 KV pad -mounted switches, 16 KV primary cables on the Customer property, low voltage conductors from the transformers to the Customer furnished electrical panels, and low voltage metering. 00001/ 1 0-27-15/jmd/jmd 4- WEST\263631313.4 177 EXHIBIT A-1 LINE EXTENSION PLANS AND SPECIFICATIONS The line extension consists of extending a new 16 KV circuit from City's existing City's Substation through City's existing conduit bank infrastructure along Fruitland Avenue and six (6) existing manholes/vaults to the Customer's property line. The City shall own and maintain the new 16 KV circuit similar to other existing 16 KV circuits it owns and the Customer shall neither have exclusive rights to the line extension nor shall it pay for any Added Facilities Monthly Charges associated with the City cost for replacement, operations and maintenance of the line extension. The estimated Services cost associated with the line extension is $350,000. 00001/ 1 0-27-15/jmd/jmd -2- WEST\263631313.4 178 EXHIBIT B ADDED FACILITIES MONTHLY CHARGE Customer shall pay a monthly added facilities charge at the rate set below. The rate is based on a percentage of the Added Facilities Installation Cost. Cost (estimates) 0.33% 800,000 450,000 2,640 4,125 N/A Comments See FN I See FN 2 See FN 2 See FN 3 Footnotes: 1) Pursuant to Rule 2.1-1 2) Pursuant to Exhibit A to this Agreement 3) Line Extension Costs are to be paid by the Customer upon City's request for work performed from the Reserve Funds. The Line Extension, as identified in Exhibit A-1, is not included in the Added Facilities Installation Cost and Added Facilities Monthly Charge. 00001/10-27-15/jmd/jmd -1- WEST\263631313.4 Item Added Facilities Monthly Rate Added Facilities Installation Costs — Phase 1 Added Facilities Installation Costs — Phase 2 Added Facilities Monthly Charge Phase 1 Added Facilities Monthly Charge Phase 1 and 2 combined Line Extension Cost (estimates) 0.33% 800,000 450,000 2,640 4,125 N/A Comments See FN I See FN 2 See FN 2 See FN 3 Footnotes: 1) Pursuant to Rule 2.1-1 2) Pursuant to Exhibit A to this Agreement 3) Line Extension Costs are to be paid by the Customer upon City's request for work performed from the Reserve Funds. The Line Extension, as identified in Exhibit A-1, is not included in the Added Facilities Installation Cost and Added Facilities Monthly Charge. 00001/10-27-15/jmd/jmd -1- WEST\263631313.4 179 EXHIBIT C TERMINATION FEE If this Agreement is terminated for any reason, other than an Event of Default by City, Customer shall pay City in full the Termination Fee calculated as set forth below: Any Added Facilities Installation Cost and Line Extension Costs; Plus: Costs of upgrades made at Customer's request for Customer's convenience (if any); Plus: Demolition and removal costs (if applicable); and Plus: Other documented costs actually incurred by City (such as insurance, taxes, cancellation fees, etc., if any). 00001/10-27-15/jmd/jmd -2- WEST\263631313.4 180 EXHIBIT D PROJECT SCHEDULE — Phase I Added Facilities City Council Approval: December 15, 2015 Design and Engineering Completion: March 31, 2016 Procurement Completion Date: June 30, 2016 Construction Completion date: December 15, 2016 00001/10-27-15/jmd/jmd -3- WEST\263631313.4 181 City Council Agenda Item Report Agenda Item No. COV-194-2018 Submitted by: Ali Nour Submitting Department: Public Utilities Meeting Date: December 4, 2018 SUBJECT A Resolution Approving and Authorizing Amendment No. 1 to the Optical Fiber Use Agreement with C.R. Laurence International, Inc. for Use of the City’s Fiber Optic Network Recommendation: A. Find that the adoption of the proposed resolution is exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301(b) which exempts minor extensions of utility services involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination, and under Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment, because the proposed resolution will not require any construction, and the only physical change to the environment is stringing a few hundred feet of fiber optic cabling (of roughly ½ inch in diameter) from existing utility poles onto private property; and B. Adopt a Resolution Approving and Authorizing Amendment No. 1 to the Optical Fiber Use Agreement with C.R. Laurence International, Inc. for the Use of the City’s Fiber Optic Network. Backgroud: The City of Vernon (“City”) owns and operates a fiber optic cabling system along the City's right of way. The cabling system is primarily used for all City departments' infrastructure communication purposes. Currently the fiber optic cabling system has excess capacity. In 2002, the City started leasing unused fiber optic cabling system capacity to businesses with multiple locations within Vernon allowing them to interconnect computer networks and telephone systems between designated buildings. On July 17, 2018 Resolution No. 2018-23 was adopted approving and authorizing a new five-year Optical Fiber Use Agreement ("Agreement") with C.R. Laurence International, Inc. ("C.R. Laurence"). The Agreement covers C.R. Laurence's four existing building connections and including the additional two new building connections. The customer has now requested to amend the Agreement as they no longer need connections to the two new buildings because of pending property sales. Staff recommends the adoption of the proposed resolution approving and authorizing Amendment No. 1 ("Amendment") to the Optical Fiber Use Agreement with C.R. Laurence since the customer no longer needs all the connections. The Amendment has been reviewed and approved as to form by the City Attorney's office. Fiscal Impact: The customer is responsible for all costs to connect to the City's fiber optic cabling system network. The cost to the customer is calculated based on the City's investment in the fiber backbone infrastructure. The cost includes the amount of system depreciation, annual system maintenance cost, related administrative expenses, the distance between points of 182 connections, number of fiber cable strands, and contract terms, customer will pay less an annual charge of $9,120 with the proposed Amendment. ATTACHMENTS 1. Resolution No. 2018-23 - C.R.L OPTICAL FIBER USE AGREEMENT 2. Resolution Approving Amendment No.1 to the Optical Fiber Use Agreement 183 RESOLUTION NO . 2018 -23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF OPTICAL FIBER USE AGREEMENT AND SHORT FORM IRU- 17 . 1, IRU-17 . 2, IRU-17 . 3 , IRU-17 . 4 , IRU-17 . 5 AND IRU-17 . 6 INDEFEASIBLE RIGHT OF USE AGREEMENTS BY AND BETWEEN THE CITY OF VERNON AND C.R. LAURENCE INTERNATIONAL, INC. FOR THE USE OF THE CITY' S FIBER OPTIC NETWORK WHEREAS, the City of Vernon ("City" ) has installed a fiber- optic cable network in the City and has studied the feasibility of providing excess unactivated or "dark fibers" to businesses in the City to enable such businesses to have access to voice, data and/or video services; and WHEREAS, the City has developed a program to provide businesses with building-to-building fiber-optic connections; and WHEREAS, on September 3 , 2003 , the City Council of the City of Vernon adopted Resolution No. 8279 approving and authorizing the execution of an Agreement No. 01 Optical Fiber Use Agreement Agreement No. 1" ) and Short Form Indefeasible Right of Use IRU" )Agreement No. 01 . 1 with C.R. Laurence International, Inc . ("C.R. Laurence" ) ; and WHEREAS, on May 10, 2010, the City Council of the City of Vernon adopted Resolution No. 2010-55 approving and authorizing the execution of an Optical Fiber Use Agreement ("Agreement No. 7" ) and Short Form IRU-07 . 1 and IRU-07 . 2 Agreements with C.R. Laurence; and WHEREAS, on April 5, 2011, the City Council of the City of Vernon adopted Resolution No. 2011-44 approving and authorizing the execution of Short Form IRU-07 . 3 and IRU-07 . 4 Agreements with C.R. Laurence; and 184 WHEREAS, the existing expired Agreement No. 7 is now on a month to month basis; and WHEREAS, C.R. Laurence has requested a new master agreement and two new Short Form IRU Agreements covering two new buildings in addition to the four existing Short Form IRU Agreements; and WHEREAS, the City and C.R. Laurence have negotiated a new Optical Fiber Use Agreement to establish the terms and conditions by which the City will provide C.R. Laurence with the use of fiber optic strands ( "Optical Fiber Use Agreement" ) and the Short Form IRU-17 . 5 and IRU-17 . 6 Agreements to allow C.R. Laurence the specific use of 0 . 4 and 0 . 60 fiber strand miles of certain Cable System components between C.R. Laurence buildings located at 2503 Vernon Avenue and 2651 45th Street Short Form IRU-17 . 5 Agreement" ) and between C.R. Laurence buildings located at 2503 Vernon Avenue and 2717 Vernon Avenue ( "Short Form IRU- 17 . 6 Agreement" ) ; and WHEREAS, the City and C.R. Laurence have agreed to include the four existing buildings' IRU agreements with the new Optical Fiber Use Agreement, by which the City will continue to provide C.R. Laurence with the Short Form IRU-07 . 1, IRU-07 . 2, IRU-07 . 3 and IRU-07 . 4 agreements; and WHEREAS, by memo dated July 17, 2018, the General Manager of Public Utilities has recommended that the City Council approve the Optical Fiber Use Agreement and the Short Form IRU-17 . 1, IRU-17 . 2, IRU-17 . 3 , IRU-17 . 4 , IRU-17 . 5 and IRU-17 . 6 Agreements . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1 : The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct . 2 - 185 SECTION 2 : The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA) , in accordance with CEQA Guidelines Section 15301 (b) which exempts minor extensions of utility services involving negligible or no expansion of use beyond that existing at the time of the lead agency' s determination, and under Section 15061 (b) (3) , the general rule that CEQA only applies to projects that may have an effect on the environment, because the proposed resolution will not require any construction, and the only physical change to the environment is stringing a few hundred feet of fiber optic cabling (of roughly half an inch in diameter) from existing utility poles onto private property. SECTION 3 : The City Council of the City of Vernon hereby approves the Optical Fiber Use Agreement and the Short Form IRU-07 . 1, IRU-07 . 2, IRU-17 . 3 , IRU-17 .4, IRU-17 . 5 and IRU-17 . 6 Agreements, collectively referred to herein as the "Agreements" ) with C.R. Laurence International, Inc . , in substantially the same form as the copies of which are attached hereto as Exhibit A. SECTION 4 : The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute said Agreements for, and on behalf of, the City of Vernon and the City Clerk, is hereby authorized to attest thereto. SECTION 5 : The City Council of the City of Vernon hereby authorizes the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this resolution and the transactions herein approved or authorized, including but not limited to, any non-substantive changes to the Agreements attached herein. SECTION 6 : The City Council of the City of Vernon hereby 3 - 186 hereby directs the City Clerk, or the City Clerk' s designee, to send one of each of the fully executed Agreements to: C.R. Laurence International, Inc . Attn. David Ellerbe, Senior VP Technology 2503 Vernon Avenue Vernon, CA 90058 SECTION 7 : The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk' s certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 17th day of July, 2018 . ma ire I Name :Yvette Woodruff-Perez Title : Mayor /—MaffITni-tpr-Tem ATTEST Gi Maria E. Ayala, City Clerk APPROVED ASS TO FORM: 2- Bria n, Senio Deputy City Attorney 4 - 187 STATE OF CALIFORNIA ss COUNTY OF LOS ANGELES I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2018-23 , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, July 17, 2018 , and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this 2,4e—day of July, 2018, at Vernon, California. f;V Maria E. Ayala, City Clerk SEAL) 5 - 188 EXHIBIT A 189 OPTICAL FIBER USE AGREEMENT No. 17 By and Between THE CITY OF VERNON and C. R. LAURENCE INTERNATIONAL INC. 190 TABLE OF CONTENTS Page 1. DEFINITIONS 2 2. TERM. 4 3. TAXES 4 4. MAINTENANCE AND CREDIT ALLOWANCE 4 5. FREEDOM OF ACTION.6 6. COMPLIANCE WITH LAWS 6 7. RELOCATION OF THE FACILITIES 6 8. CUSTOMER COVENANTS. 7 9. EVENTS OF TERMINATION AND EFFECT OF TERMINATION 8 10. ADMINISTRATION OF THIS AGREEMENT.11 11. INDEMNIFICATION AND LIMITATION OF LIABILITY. 12 12. CONFIDENTIALITY. 13 13. DEFAULT. 13 14. FORCE MAJEURE. 14 15. ASSIGNMENT 14 16. SUBCONTRACTING BY CITY. 15 17. WAIVER. 15 18. RELATIONSHIP NOT A PARTNERSHIP OR AN AGENCY. 15 19. NO THIRD-PARTY BENEFICIARIES. 15 20. NOTICES 15 21. GOVERNING LAW AND FORUM SELECTION 16 22. NO WARRANTIES. 16 23. USE OF THE CUSTOMER SYSTEM. 16 24. PLURALS 16 25. PARTS OF AGREEMENT. 16 26. COUNTERPARTS. 17 27. ACCEPTANCE TESTING 17 28. BILLING AND PAYMENT. 17 29. TITLE.18 30. ENTIRE AGREEMENT 18 31. SURVIVAL OF TERMS 18 32. AMENDMENT. 18 33. CONFLICTING TERMS. 18 34. HEADINGS.18 35. SEVERABILITY 19 EXHIBIT A:Short Form IRU Agreements EXHIBIT B: Trouble Reporting Procedure 1 191 OPTICAL FIBER USE AGREEMENT THIS OPTICAL FIBER USE AGREEMENT (hereinafter referred to as the Agreement") is made and entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of the 17 th day of July 2018("Effective Date"), between the CITY OF VERNON hereinafter referred to as the "CITY"), having its offices at 4305 Santa Fe Avenue, Vernon, California 90058, and C.R. LAURENCE INTERNATIONAL INC. hereinafter referred to as "CUSTOMER"), a California corporation, having an office at 2503 Vernon Avenue,Vernon, California 90058, and which are sometimes referred to individually as "Party" and collectively as "Parties." RECITALS WHEREAS,the CITY has an existing optical fiber cable system or"Cable System" (as hereinafter defined)throughout the City of Vernon, California; and WHEREAS,the CITY has excess inactivated or dark fibers in the Cable System and is willing, from time to time, to provide such dark fibers to CUSTOMER and to grant CUSTOMER an Indefeasible Right of Use or IRU (as hereinafter defined) in and to such dark fibers for the purpose of providing voice, data, or video services; and WHEREAS, in connection with the grant to CUSTOMER of an IRU in and to such dark fibers, the CITY is willing to allow CUSTOMER to use certain other specified CITY-owned property, including, but not limited to, the CITY's Cable System; and WHEREAS, the CITY will provide fibers in the Cable System to CUSTOMER in connection with undertaking one or more projects; and WHEREAS, the Parties have agreed to enter into this Agreement which embodies the mutual covenants and agreements for the long term relationship between the Parties hereto and for each such project; and WHEREAS, the Parties have agreed to enter into separate Short Form IRU Agreement(s) as hereinafter defined. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth in this Agreement, the Parties do hereby agree as follows: 1.DEFINITIONS. 1.1 For the purposes of this Agreement and the Short Form IRU Agreements, the following terms, whether in the singular or in the plural, shall have the meaning specified below: a.Backbone: The physical location of the Cable System. 2 192 b.Backbone Extension: A new addition to the Backbone that would benefit potential lessees and that the CITY will own and construct. In general, a Backbone Extension travels to a location that many other potential lessees also desire; it does not travel to a location that is solely used by the CUSTOMER, which constitutes a Service Drop. c.Cable System: All hardware, including but not limited to, fiber cable, poles,pole attached hardware, conduit, innerduct, enclosures, building and facilities owned and operated by the CITY. d.Customer Infrastructure: Any conduit, fiber, premises, buildings, boxes, or other equipment or facilities belonging to CUSTOMER. e.Customer System: The optical fiber strands, innerduct, conduit, and associated appurtenances, to be provided to CUSTOMER under the terms of this Agreement and the applicable Short Form IRU Agreement(s) and the associated rights to access such fiber strands at Demarcation Points as specified in the applicable Short Form IRU Agreement(s). f.Demarcation Points: The specific points where the Cable System connects to the Customer Infrastructure and ownership of such infrastructure changes. The Demarcation Points are marked by the City-furnished patch panels in each of the relevant Customer facilities. g.False Maintenance Call: A request by the CUSTOMER for maintenance with respect to the Customer System to which the CITY responds, where the CITY, in its sole discretion, later determines that the problem leading to the maintenance request resulted from deficiencies in the Customer Infrastructure, not the Cable System. h.Indefeasible Right of Use: The CUSTOMER's right to use a certain portion of the Cable System and Customer System pursuant to this Agreement and any Short Form IRU Agreements. i.Service Drop: An extension ofthe Cable System from the Backbone to a Demarcation Point in the Customer's Facilities, desired only by the CUSTOMER, paid for by the CUSTOMER, and used only by CUSTOMER. j.Short Form IRU Agreement: An agreement between the CITY and CUSTOMER which identifies the specific optical fiber strands and facilities to be provided to CUSTOMER and which sets forth the associated fees, terms and conditions for CUSTOMER'S use of such optical fiber strands and facilities. When executed, each Short Form IRU Agreement shall be attached hereto as Exhibit"A" and made a part hereof. k.Specifications: The technical specifications described further in Section 4.2 of this Agreement. 3 193 1.Term: The duration of this Agreement as described further in Section 2 of this Agreement. 2.TERM. 2.1 Unless terminated sooner in accordance with the terms and conditions of this Agreement, the duration of this Agreement is five (5)years (hereinafter referred to as the "Term"), commencing on the date of this Agreement. The duration of each Short Form IRU Agreement, and any renewal or extension thereof, shall be set forth in the applicable Short Form IRU Agreement for each portion of the Customer System; provided, however,that in no event shall the term of a Short Form IRU Agreement extend beyond the termination of this Agreement. Notwithstanding any provision in the Short Forum IRU Agreement to the contrary, each Short Form IRU Agreement shall automatically, and without further notice or action required, terminate on the termination of this Agreement. If CUSTOMER has entered into more than one Short Form IRU Agreements, and despite the termination of one or more, others remain in effect, and this Agreement remains in effect, then the Short Form IRU Agreements then in effect shall remain in effect until the earlier of their termination date or the termination of this Agreement. 3. TAXES. 3.1 The CITY shall be responsible for all taxes and fees based on the physical location of the Cable System and the construction thereof in, on, across, along or through public or private roads, highways or rights-of-way. 3.2 The CUSTOMER shall pay all local, state, and federal taxes, and franchise, license and permit fees (hereinafter collectively referred to as "Taxes") levied upon the sale, installation, use, construction, or provision of a Service Drop and the Customer System. The CUSTOMER shall also pay all Taxes levied upon the sale, installation, use, construction or provision of any equipment provided hereunder, as well as any Taxes assessed against it for the conduct of its business, during the Term of this Agreement. 4.MAINTENANCE AND CREDIT ALLOWANCE. 4.1 All scheduled and emergency maintenance to and repair of the Cable System or any facilities through which the Cable System passes, shall be performed by or under the direction of the CITY at CITY's sole cost, except as otherwise provided below in connection with services provided at CUSTOMER's request. If such work would materially impact the CUSTOMER's use of the Cable System or Customer System, the CITY shall provide CUSTOMER with reasonable notice of scheduled maintenance. 4.2 Except as otherwise provided in this Agreement or in a Short Form IRU Agreement, CUSTOMER is prohibited from performing any maintenance or repair on the Cable System or Customer System. CUSTOMER shall have the right to have an employee or representative available to assist the CITY in any maintenance or repair of 4 194 the Customer System. The CITY shall maintain the Customer System substantially in accordance with the technical specifications (hereinafter referred to as the Specifications") attached to and made a part of the Short Form IRU Agreement as its Schedule-D. 4.3 Emergency Maintenance: The CITY shall use commercially reasonable efforts to respond to any unscheduled failure, interruption or impairment in the operation of the Customer System within four(4) hours, measured from the time the CITY receives a report, pursuant to the procedures set forth in Exhibit B, of any such unscheduled failure, interruption or impairment until the time a qualified technician arrives at the site of the reported problem. The CITY shall use commercially reasonable efforts to perform emergency maintenance and repair to correct any unscheduled failure, interruption or impairment in the operation of the Customer System when reported by CUSTOMER in accordance with the procedures set forth in Exhibit"B"attached hereto and made a part hereof 4.4 Scheduled Maintenance. 4.4.1 CITY's Option. The CITY from time to time may schedule and perform periodic maintenance to the Cable System or Customer System, including work to maintain dark fibers within Specification, at CITY's sole cost. If scheduled maintenance of the Cable System or Customer System is expected to result in any interruption of the Customer System, the CITY shall so notify CUSTOMER in writing at least three (3) business days prior to commencing such routine maintenance. The CITY shall schedule major maintenance of the Cable System at a time selected by the CITY to generally limit adverse user impacts. 4.4.2 CUSTOMER's Request. The CITY will perform changes or modifications to the Customer System at CUSTOMER'S request. CUSTOMER may also request scheduled maintenance by delivering to the CITY a statement of work detailing the service CUSTOMER desires to have performed, including a proposed time schedule for such services. Upon receipt of such statement of work, the CITY will provide an estimate of the price and timing of such scheduled maintenance. Following CUSTOMER's acceptance of such estimate and time schedule, the CITY will schedule and perform such scheduled maintenance. The CITY will perform CUSTOMER- requested scheduled maintenance on a time-and-materials basis at the standard CITY rates in effect at the time services are performed. CITY rates in effect will be those identified in Schedule-A of the most recent Short Form IRU Agreement, as adjusted by the City. The adjustment in rates shall be in the discretion of the City, but shall not exceed the cumulative increase in the CPI-U for the Los Angeles-Riverside-Orange County, CA area between the effective date ofthe Short Form IRU Agreement and the date of adjustment. 4.5 CUSTOMER is responsible for all maintenance and repairs on CUSTOMER's side of the Demarcation Points. 5 195 4.6 Access to CUSTOMER's property and Customer System. CUSTOMER agrees to provide CITY, its officers, employees, agents, representatives, and contractors access to Customer's Infrastructure and CUSTOMER's property when reasonably necessary for repairs to the Customer System and the Cable System. Except in the case of an emergency, CITY shall provide CUSTOMER with forty-eight 48) hours advanced notice ofany required access to Customer's Infrastructure. 4.7 Credit Allowance. In the event of Total Service Interruption as defined in the Short Form IRU Agreement, CUSTOMER shall be entitled to the Credit Allowance described in the applicable Short Form IRU Agreement. 5.FREEDOM OF ACTION. Nothing in this Agreement shall restrict the CITY's right to conduct its business and it may, without limitation, construct and install additional optical fiber cable systems for any purpose whatsoever, and it may enter into other Optical Fiber Use Agreements with any other party on any other terms acceptable to the CITY in its sole and absolute discretion. 6.COMPLIANCE WITH LAWS. CUSTOMER, at its sole cost, shall comply with all applicable federal, state, and local laws, ordinances and regulations pertaining to this Agreement, the use of the Cable System, and the use of the Customer System. CUSTOMER acknowledges that any products, software and technical information provided under this Agreement are subject to U.S. export laws and regulations and any use or transfer of such products, software and technical information must be authorized under those regulations. CUSTOMER agrees that it will not use, distribute, transfer or transmit the products, software or technical information, except in compliance with U.S. export regulations. 7.RELOCATION OF THE FACILITIES. CUSTOMER recognizes that, from time to time,the CITY may elect or be required to relocate all or a portion of the Cable System or the Customer System, or both. As between the CITY and the CUSTOMER, the CITY shall be solely responsible for all costs incurred in relocating the Cable System and the Customer System (unless the relocation is accompanied by additions or other work to benefit CUSTOMER pursuant to a CUSTOMER request). The CITY shall use commercially reasonable efforts to do so in a manner that is intended to minimize interruption in CUSTOMER'S use thereof; provided, however, that the CITY shall have the sole right to determine the extent and timing of and the methods to be used for such relocation. Unless the circumstances make such notice impractical, the CITY shall give CUSTOMER at least thirty(30) days prior written notice of any scheduled relocation plans, and as much notice as reasonably practicable of any other relocation. 6 196 8.CUSTOMER COVENANTS. 8.1 CUSTOMER 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, aerial and underground electric and telephone wires, electroliers, cable television, and other telecommunications, utility, and municipal property without the express written approval ofthe owner or owners of the affected property or properties. CUSTOMER shall not do or permit anything to be done by anyone under its direct control or doing work on its behalf: (i)within the public right-of- way; (ii)that would in any way obstruct or interfere with the rights of, or injure, any person located within the public right-of-way, or(iii) use the public right-of-way for any improper or unlawful purpose. Notwithstanding the foregoing, this shall not be construed to prohibit CUSTOMER from installing infrastructure in the public right-of-way with the prior written consent of the CITY in accordance with this Agreement. 8.2 CUSTOMER shall keep all parts of the Customer System free of any liens that may be created or which may attach as the result of the acts or omissions of CUSTOMER, its employees, subcontractors or agents. If any such lien is filed, CUSTOMER shall indemnify and hold harmless CITY from any and all costs to remove such lien including but not limited to reasonable attorneys' fees. 8.3 CUSTOMER shall not be permitted to pledge its rights under this Agreement as an asset for purposes of obtaining financing without the prior written consent of the CITY. The CITY reserves the right to impose conditions on such consent, including, without limitation, the requirement that the entity to whom this Agreement would be pledged comply with the provisions of Section 16 ("Assignment"). CUSTOMER may not, under any circumstances, pledge the actual dark fiber or Customer System as an asset to anyone for any purpose. The Customer System is public property owned by the CITY and shall not be pledged to any party. 8.4 CUSTOMER shall not, in connection with its use of the Customer System, commit, cause, maintain or permit, nor suffer or allow to be committed, caused, maintained or permitted by anyone under its direct control or doing work on its behalf, any waste, abuse or destructive use within the public right-of-way, nor any public or private nuisance, nor any other act or thing which may disturb the quiet enjoyment of any other person lawfully using the public right-of-way. 8.5 CUSTOMER shall be solely and fully responsible for the reporting of all hazardous materials releases to the appropriate agencies, when such releases are caused by, or result from, CUSTOMER's activities or those of anyone under its direct control or doing work on its behalf. CUSTOMER shall take all necessary precautions to prevent any hazardous materials used by CUSTOMER or by anyone under its direct control or doing work on its behalf from entering into any storm or sewage drain system or from being released within the public right-of-way. 7 197 9.EVENTS OF TERMINATION AND EFFECT OF TERMINATION. 9.1 Termination by CITY or CUSTOMER. a.Condemnation. If all or any significant portion of the Cable System or the Customer System shall be taken for any public or quasi public purpose by any lawful power or authority by the exercise of the right of condemnation or eminent domain, either Party may elect, by at least 30 days' prior written notice to the other Party, to terminate the affected Short Form IRU Agreement (and this Agreement if all Short Form IRU Agreements are affected) upon the effective date of the taking. b.Damage or Destruction. If either Party gives notice to the other that the Cable System or the Customer System has been substantially damaged or destroyed by force majeure (an outside force beyond either Party's control), and the Cable System or the Customer System is not repaired within 30 days following receipt of such notice,this Agreement shall terminate on the last day ofthe 30 day cure period. c.Bankruptcy. If CUSTOMER or the CITY, as the case may be, shall file a petition in bankruptcy or for reorganization or for an arrangement pursuant to any present or future federal or state bankruptcy law or under any similar federal or state law, or shall be adjudicated as bankrupt or insolvent, or shall make a general assignment for the benefit of its creditors, or shall admit in writing its inability to pay its debts generally as they become due, or if any involuntary petition proposing the adjudication of CUSTOMER or the CITY, as the case may be, as a bankrupt or its reorganization under any present or future federal or state bankruptcy law or any similar federal or state law shall be filed in any court and such petition shall not be discharged or denied within ninety (90) days after the filing thereof, or if a receiver, trustee or liquidator of CUSTOMER or the CITY, as the case may be, of all or substantially all of the assets of CUSTOMER or the CITY, as the case may be, and shall consent to or acquiesce in such appointment, then the other Party hereto may, at its sole option, immediately terminate this Agreement, with termination to be effective upon delivery of written notice of termination. 9.2 Termination by CITY. 9.2.1 Default by CUSTOMER. If CUSTOMER has failed to pay any costs due hereunder or is otherwise in breach of any provision of this Agreement, and such breach is not cured within the time periods described in Section 14.1 below, CITY may terminate this Agreement effective as of the last day of the required notice period. 9.2.2 Need by CITY. Notwithstanding any provision contained in this Agreement to the contrary, the CITY shall have the right to terminate any Short Form IRU Agreement upon three (3) months written notice to CUSTOMER if the Customer System provided by such Short Form IRU Agreement is needed in connection with the CITY's telecommunications needs related to CITY business. At the time of such notice oftermination, the CITY shall waive the remaining annual payment of the Short Form IRU Agreement that the CITY elects to terminate. If the CITY terminates, it will use 8 198 commercially reasonable efforts to relocate the Customer System or any segment under the affected Short Form IRU Agreement, and if a satisfactory relocation reroute can be identified, CUSTOMER and CITY shall enter into a new Short Form IRU Agreement. 9.3 Termination by CUSTOMER. 9.3.1 Relocation. If the CITY has exercised its relocation rights in accordance with Section 7, and within 15 days after the relocation, CUSTOMER delivers to the CITY written notice that the Customer System or affected portion thereof has not been relocated in a manner that allows for appropriate use by CUSTOMER, and services are not restored within 30 days of the date of CUSTOMER'S notice, CUSTOMER may terminate the applicable Short Form IRU Agreement effective as of the last day of the 30 day period. 9.3.2 Failure to Meet Specifications/Non-Acceptance. i)If at any time following the completion and acceptance of the acceptance test, as described in Section 28, for a specific Short Form IRU Agreement, CUSTOMER delivers notice to the CITY that specifically identifies the Specifications with which CUSTOMER contends that the portion of the Cable System utilized in the Short Form IRU Agreement does not conform and demonstrates to the CITY's satisfaction that such portion of the Cable System fails to perform in accordance with the Specifications set forth in Schedule-D of the affected Short Form IRU Agreement, and the CITY does not restore the affected portion of the Cable System to the required Specifications within 90 days after receipt of notice, then the CUSTOMER has the right to terminate the affected Short Form IRU Agreement(s) by notice delivered within 15 days following the last day of the 90 day period. ii) If CUSTOMER delivers notice to the CITY within seven 7) days of completion of the acceptance test described in Section 28 that specifically identifies a nonconformity with the acceptance testing plan and demonstrates to the CITY's satisfaction such nonconformity, and the CITY does not cure such nonconformity within 90 days after receipt of notice, then the CUSTOMER has the right to terminate the affected Short Form IRU Agreement by notice delivered within 15 days following the last day of the 90 day period. iii) No Credit Allowance shall be provided in the event of failure to conform to the acceptance testing plan, and no Credit Allowance shall be provided in the event of failure to meet Specifications following the completion of the acceptance testing plan unless the failure to meet Specifications results in Continued Total Service Interruptions as defined in Section 9.3.4 below, in which case the terms of Section 9.3.4 and Section 4.7 shall control. 9.3.3 CUSTOMER Sole Discretion. CUSTOMER shall have the option, in its sole discretion and for any reason, to terminate this Agreement or any Short Form IRU Agreement upon three (3) months prior written notice to the CITY, subject to payment of the Termination Settlement Charges defined below in Section 9.4.4. 9 199 9.3.4 Continued Total Service Interruptions. If there shall occur, within any period of 12 consecutive months, five Total Service Interruptions, as that term is defined in the Short Form IRU Agreement ("Continued Total Service Interruptions") caused by factors within the CITY's reasonable control, CUSTOMER may, upon the occurrence of the fifth Total Service Interruption that is within the CITY's reasonable control, immediately terminate the Short Form IRU Agreement affected by the Continued Total Service Interruptions. 9.3.5 Default by City. If the CITY is in breach of any provision of this Agreement for a reason other than as described in this Section 9.3 above, and such breach is not cured within the time periods described in Section 14.2 below, CUSTOMER may terminate this Agreement effective as of the first day following the cure period. 9.4 Rights upon Termination. 9.4.1 If this Agreement or any Short Form IRU Agreement is terminated by either Party in accordance with the terms of Section 9.1 or 9.2.2, CUSTOMER shall pay all required sums under each Short Form IRU Agreement and all applicable Taxes through the effective date ofthe termination. This right of termination shall be the CUSTOMER's sole and exclusive remedy in the event of a termination pursuant to Section 9.1 or Section 9.2.2. 9.4.2 If this Agreement is terminated by the CITY in accordance with the terms of Section 9.2.1, CUSTOMER shall pay all required sums under each Short Form IRU Agreement and all applicable Taxes through the last day of each Short Form IRU Agreement then in effect, and shall be liable for any damages from uncured breaches. 9.4.3 If this Agreement is terminated by CUSTOMER in accordance with the terms of Section 9.3.1, 9.3.2(i), 9.3.4, or 9.3.5, CUSTOMER shall pay all required sums under each Short Form IRU Agreement and all applicable Taxes through the effective date of the termination. If this Agreement is terminated by CUSTOMER in accordance with the terms of Section 9.3.2(ii), no fees shall be due or payable by CUSTOMER. This right of termination shall be CUSTOMER's sole and exclusive remedy in the event of a termination pursuant to Section 9.3.1, 9.3.2(i), 9.3.2(ii), 9.3.4, and 9.3.5, except that any Credit Allowances earned pursuant to clause 4.7 shall be applicable to fees owed by CUSTOMER. 9.4.4 If this Agreement is terminated by CUSTOMER in accordance with the terms of Section 9.3.3, the annual payments shall be recalculated to reflect the termination date and, therefore, the new Term of the Agreement. The recalculated annual payments shall use the appropriate discount or premium and shall be retroactive to all CUSTOMER payments from commencement to the termination of each Short Form IRU Agreement. The cumulated difference between the annual payments made by the CUSTOMER to the CITY under the CUSTOMER's originally selected Term of the Agreement (including any discounts) and the recalculated payments applicable for the effective Term of the Agreement shall hereinafter be known as "Termination Adjustment 10 200 Charge" or"TAC". The TAC shall be included in the "Termination Settlement Charges" or"TSC", as defined in 9.4.5 below. 9.4.5 Furthermore, in the event CUSTOMER elects to terminate any Short Form IRU Agreement under the terms of the provisions of Section 9.3.3, a termination charge of half the remaining payments due if the Short Form IRU Agreement were to reach its full Term shall apply as part of the TSC. The TSC shall be calculated as follows: TSC = TAC + '/2 multiplied by the remaining payments due under original Short Form IRU Agreement. 9.4.6 CITY shall transfer the ownership ofthe demarcation patch panels at the end of the Term. The CITY shall remove the Customer System from the Cable System by physically removing optical fiber cables from the splicing enclosure on public rights-of-way to the Demarcation Point, leaving the patch panel in place at CUSTOMER's request. 10. ADMINISTRATION OF THIS AGREEMENT. 10.1 Each party shall designate a representative who is authorized to act on the respective Party's behalf with respect to those matters delegated to the authorized representatives. The CITY's representative shall be Ali Nour, or such other person designated in writing by the City Administrator. CUSTOMER shall advise CITY of its designated representative by providing written notice to the CITY within thirty (30) days ofthe Effective Date of this Agreement. Each Party shall have the right to designate alternate representatives and to change its representative or alternate by written notice to the other Party. 10.2 The authorized representatives shall have the following responsibilities, among others: a.Perform those functions and duties assigned to them in this Agreement. b.Review and attempt to resolve any disputes between the Parties arising under this Agreement. c.Arrange for the development and completion of procedures to implement the provisions of this Agreement. 10.3 Any expenses incurred by the authorized representative in connection with his/her duties shall be paid by the Party he/she represents. 10.4 The authorized representative shall have no authority to modify this Agreement. 11 201 11. INDEMNIFICATION AND LIMITATION OF LIABILITY. 11.1 CUSTOMER shall indemnify, defend and hold harmless the CITY,the Department of Light&Power,the City Council of the CITY, and all of the CITY's boards, elected officials, agents,representatives, employees, assigns, and successors in interest(collectively,the"Indemnified Parties") from and against any and all suits and causes of action,claims, charges (including,without limitation, all costs of defense, such as reasonable attorneys' fees and cost, costs of witnesses and professional analysts), damages, demands,judgments, civil fines and penalties, or losses or any kind or nature whatsoever, arising out of or in connection with CUSTOMER's use of the Cable System or Customer System, including, but not limited to: (a)claims arising from any failure,breakdown, interruption or deterioration of the Cable System or service components provided by the CITY to CUSTOMER or service provided by CUSTOMER to third parties; and(b)claims of patent infringement arising from combining or using services or equipment furnished by CUSTOMER in connection with services or equipment furnished by others; and(c) death, bodily injury, or personal injury to any person or damage or destruction to any property, except to the extent such damage or injury is due to the gross negligence or willful misconduct of any ofthe Indemnified Parties. 11.2 Except for the Credit Allowance for Total Service Interruptions, as described in the Short Form IRU Agreement,the liability ofthe CITY associated with the installation,provision,use, maintenance, repair,termination or restoration ofthe Cable System provided pursuant to this Agreement shall not exceed an amount equal to the prorated portion of charges for the affected Short Form IRU Agreement for the period during which that Short Form IRU Agreement was affected. 11.3 Notwithstanding any provision ofthis Agreement or any Short Form IRU Agreement to the contrary, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, (INCLUDING, BUT NOT LIMITED TO, ANY CLAIM FOR LOSS OF SERVICES), WHETHER FORESEEABLE OR NOT, ARISING OUT OF, OR IN CONNECTION WITH, TRANSMISSION INTERRUPTIONS OR PROBLEMS, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY OR EQUIPMENT, LOSS OF PROFITS OR REVENUE, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS OF CUSTOMERS, WHETHER OCCASIONED BY ANY REPAIR OR MAINTENANCE PERFORMED BY, OR FAILED TO BE PERFORMED BY,A PARTY OR ANY OTHER CAUSE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY,NEGLIGENCE OR STRICT LIABILITY. CUSTOMER shall include in any agreement with any third party relating to the use of the Cable System or the Customer System a waiver(using the above language)by such third party of any claim for indirect, special, incidental,punitive or consequential damages (including,but not limited to, any claim from any customer for loss of services). The Parties' respective obligations to include such a provision waiving indirect, special,punitive, or 12 202 consequential damages in any agreement with any third party shall be subject to any and all regulatory or other legal limitations, as well as applicable tariffs. 12. CONFIDENTIALITY. 12.1 Confidential Status; Disclosure of Information. All data, floor plans, designs, maps, surveys, drawings, models, reports, logs, documents, materials or other information developed or created by CUSTOMER, received by CUSTOMER, or provided to CUSTOMER in connection with this Agreement("Confidential Information") are deemed confidential and shall not be disclosed by CUSTOMER to any third party without CITY's prior written consent. CITY shall grant consent if disclosure is legally required. All Confidential Information shall be returned to CITY upon the termination of this Agreement. CUSTOMER's covenant under this section shall survive the termination of this Agreement. CITY may disclose to third parties any Confidential Information at its sole discretion. 12.2 CUSTOMER'S obligation not to disclose any Confidential Information shall not extend to information that: 12.2.1 Was in the possession of, or was rightfully known by, the CUSTOMER without an obligation to maintain its confidentiality prior to receipt from CITY; 12.2.2 Is or becomes generally known to the public without violation of this Agreement; 12.2.3 Is obtained without an obligation of confidentiality by the CUSTOMER in good faith from a third party having the right to disclose it without an obligation of confidentiality; or 12.2.4 Information which is required to be disclosed pursuant to any court order or directive having the force of law. 12.3 The provisions of this section shall survive the termination of this Agreement. 13. DEFAULT. 13.1 CUSTOMER shall not be in default under this Agreement or in breach of any provision hereof unless and until the CITY shall have given CUSTOMER written notice of a breach and CUSTOMER shall have failed to cure the same within thirty 30) days after receipt of a notice, other than any default in payment which must be cured within ten (10) days after receipt of a notice; provided, however, that where such non-monetary breach cannot reasonably be cured within such thirty (30) day period, if CUSTOMER shall commence to cure the same within the thirty (30) day period and to prosecute such cure with due diligence, the time for curing such breach shall be extended for a reasonable period of time to complete such cure. Upon the failure by CUSTOMER to timely cure any such breach after notice thereof from the CITY, the 13 203 CITY shall have the right to take such action as it may determine, in its sole discretion, to be necessary to cure the breach or terminate this Agreement or pursue such other remedies as may be provided by law or in equity. 13.2 The CITY shall not be in default under this Agreement or in breach of any provision hereof unless and until CUSTOMER shall have given the CITY written notice of such breach and the CITY shall have failed to cure the same within thirty (30) days after receipt of such notice; provided, however, that where such breach cannot reasonably be cured within such thirty (30) day period, if the CITY shall commence to cure the same within the thirty (30) day period and to prosecute such cure with due diligence, the time for curing such breach shall be extended for a reasonable period of time to complete such cure; and provided further that if the breach is one described in Section 9.3.1, 9.3.2, or 9.3.4, the time period for cure shall be as specified in such Paragraph. Upon the failure by the CITY to timely cure any such breach after applicable notice thereof from CUSTOMER(as described in Section 9.3 and herein), CUSTOMER shall have the right to terminate this Agreement or the affected Short Form IRU Agreement. 14. FORCE MAJEURE. Neither Party shall be considered to be in default in any of its non-monetary obligations under this Agreement when a failure of performance shall be due to an uncontrollable force; provided, however, that an uncontrollable force shall not relieve a monetary default. The terms "uncontrollable force" shall mean any cause beyond the control of the Party affected, including, but not restricted to, flood, earthquake, storm, fire, lightening, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor material shortage, sabotage, federal, state, or municipal action, statute, ordinance, or regulation, embargoes of the United States Government or any other government, which by exercise of due diligence such Party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either Party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force, shall give written notice within five (5) business days of such fact to the other Party and shall exercise due diligence to perform its obligations upon the removal or termination of the uncontrollable force. 15. ASSIGNMENT. 15.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors or assigns; provided, however, that no assignment hereof or sublease, assignment or licensing (hereinafter collectively referred to as a"Transfer") of any rights or obligations hereunder shall be valid for any purpose without the prior written consent of each Party hereto. 15.2 In the event of any assignment or Transfer by either Party undertaken pursuant to Section 16.1 herein, the assigning or transferring Party shall remain liable for all its obligations under this Agreement, unless: (a)the other Party consents to release by written instrument, the assigning or transferring Party from such obligations, 14 204 and (b)the assignee or transferee shall have affirmatively assumed in writing all of the obligations of the assigning or transferring Party under this Agreement. 16. SUBCONTRACTING BY CITY. CITY may subcontract any or all of the maintenance, emergency or construction services required of it under this Agreement, provided that CITY shall require the subcontractor(s) to perform in accordance with the requirements and procedures set forth herein. The use of any such subcontractor shall not relieve CITY of any of its obligations hereunder. 17. WAIVER. Any waiver at any time by either Party of its rights with respect to a default under this Agreement, or with respect to any other matter arising in connection with this Agreement, shall not be deemed a waiver with respect to a subsequent default or other matter. 18. RELATIONSHIP NOT A PARTNERSHIP OR AN AGENCY. Except where specifically stated in this Agreement to be otherwise, the duties, obligations, and liabilities of the Parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall be construed to create an association, trust, partnership, or joint venture or impose a trust or partnership duty, obligation, or liability on or with regard to either Party. Each Party shall be individually and severally liable for its own obligations under this Agreement. 19. NO THIRD-PARTY BENEFICIARIES. This Agreement shall not be construed to create rights in, or to grant remedies to, any third party as a beneficiary to this Agreement or of any duty, obligation or undertaking established herein. 20. NOTICES. Any written notice under this agreement shall be deemed properly given if sent by registered or certified mail, postage prepaid, return receipt requested, or by nationally recognized overnight delivery service to the address specified below, unless otherwise provided for in this Agreement. Notices shall be deemed given upon receipt or refusal to accept receipt if sent by U.S. mail, messenger, or overnight delivery service. CITY: City of Vernon Attn: Ali R. Nour Engineering Manager 4305 Santa Fe Avenue Vernon, CA 90058-0805 15 205 CUSTOMER: C. R. LAURENCE INTERNATIONAL INC. Attn: David Ellerbe Senior VP Technology 2503 Vernon Avenue Vernon, CA 90058 21. GOVERNING LAW AND FORUM SELECTION. The validity, interpretation, performance, and enforcement ofthis Agreement shall be controlled and construed under the internal laws of the State of California. Any action brought relating to this Agreement shall be brought and held exclusively in a court of competent jurisdiction in the County of Los Angeles, California. 22. NO WARRANTIES. THE CITY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, UNDER THIS AGREEMENT AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The CITY does not warrant that the services will be uninterrupted or error-free, or that the services will meet the CUSTOMER's requirements or that the services will prevent unauthorized access by third parties. 23. USE OF THE CUSTOMER SYSTEM. CUSTOMER shall have exclusive control over and responsibility for the installation, enabling, configuration, operation and monitoring of voice, data, and/or other video services across the Customer System, including, without limitation, CUSTOMER premise and nodal electronics, and any other electronics, hardware or software on the CUSTOMER's side of the Demarcation Points. 24. PLURALS. In construction of this Agreement, words used in the singular shall include the plural and the plural the singular, and/or is used in the inclusive sense, in all cases where such meanings would be appropriate. 25. PARTS OF AGREEMENT. All Short Form IRU Agreements, attachments, exhibits and appendices attached hereto shall be deemed a part of this Agreement, and shall have full force and effect. Short Form IRU Agreements shall be identified and named with a numeric designator by chronological date of execution, e.g., -01, Short Form IRU Agreement, and attached chronologically following this Agreement and its exhibits and made a part of this Agreement. 16 206 26. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each and all of which shall be deemed for all purposes to be one agreement. However, this Agreement shall not become effective unless and until all Parties hereto have executed either the original or a counterpart of the Agreement. 27. ACCEPTANCE TESTING. The CITY will submit an acceptance testing plan to CUSTOMER for approval within thirty (30) days following the mutual execution of any Short Form IRU Agreement. CUSTOMER will review and provide comments within twenty (20) days of its receipt of the acceptance testing plan, and CUSTOMER's failure to provide comments within such twenty (20) day period shall be deemed to be CUSTOMER's approval of the CITY's acceptance testing plan. If CUSTOMER provides comments to the CITY's proposed acceptance plan within the twenty (20) day period, the CITY and CUSTOMER will use good faith efforts to agree to the terms of a mutually acceptable acceptance plan within thirty(30) days following the CITY's receipt of the CUSTOMER's comments, such final acceptance testing plan to include non-destructive attenuation tests and optical time domain reflectometer tests on each segment. If the Parties fail to reach agreement on the terms of an acceptance testing plan within such thirty (30) day period, then the Short Form IRU Agreement that is the subject of the acceptance test plan that is in dispute shall be terminated, and neither Party shall have any further obligation or liability to the other. If the Parties reach agreement on the acceptance testing plan, then CUSTOMER shall deliver to the CITY written notice of disapproval of any aspect of the Cable System that does not conform to the requirements set forth in the final acceptance testing plan within seven (7) days of completion of the acceptance test. CUSTOMER's failure to deliver such notice of disapproval within such seven (7) day period shall be deemed acceptance of the Cable System in conformity with the acceptance testing plan. If CUSTOMER delivers notice of nonconformity with the acceptance testing plan, the terms of Section 9.3.2(ii) and the remedies described in Section 9.4.3 above shall apply. 28. BILLING AND PAYMENT. 28.1 The CITY shall invoice CUSTOMER for all fees and charges hereunder as determined by the Short Form IRU Agreement(s) and this Agreement as follows: a.CITY shall invoice CUSTOMER on a quarterly basis pursuant to the terms of the appropriate Short Form IRU Agreement. If CUSTOMER requests additional connections, disconnections or other services, CITY shall invoice CUSTOMER within 30 days of completing such requested service. b.CUSTOMER shall submit payment in full within thirty (30) days after receipt of the CITY's invoice. 17 207 29. TITLE. CUSTOMER agrees that all right, title, and interest in the Cable System and the Customer System provided by the CITY hereunder and as specified in the Short Form IRU Agreement shall at all times remain exclusively with the CITY. The CITY agrees that all right, title and interest in the Customer Infrastructure shall at all times remain exclusively with CUSTOMER. The CITY acknowledges that CUSTOMER has contracted for the indefeasible right to use the Customer System at the time CUSTOMER executes each Short Form IRU Agreement and agrees that it will not take any action which shall be inconsistent with CUSTOMER's IRU interest. 30. ENTIRE AGREEMENT. This Agreement constitutes the complete and final expression of the agreement of the Parties and is intended as a complete and exclusive statement of the terms of their agreement and supersedes all prior and contemporaneous offers, promises, representations, negotiations, discussions, communications and agreements which may have been made in connection with the subject matter hereof. CUSTOMER represents that in entering into this Agreement it has not relied on any previous representations or understandings of any kind or nature. 31. SURVIVAL OF TERMS. 31.1 Notwithstanding anything to the contrary set forth in this Agreement or the Short Form IRU Agreement, no termination of this Agreement or any Short Form IRU Agreement shall affect the rights or obligations of any Party hereto with respect to any payment hereunder for services rendered prior to the date of termination and the terms of Sections 9, 11, 22, 23, 30, and 31 shall survive the termination of this Agreement. 32. AMENDMENT. This Agreement may not be amended except pursuant to a written instrument signed by each of the Parties. 33. CONFLICTING TERMS. In case of conflict between this Agreement and any Short Form IRU Agreement, the terms and conditions of this Agreement shall control. 34. HEADINGS. Section headings used in this Agreement are for convenience of reference only and shall not affect the interpretation or construction of the Agreement. 18 208 35. SEVERABILITY. If any portion of this Agreement shall be held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable,the remaining provisions shall remain enforceable to the fullest extent permitted by law. Furthermore, to the fullest extent possible, the provisions of this Agreement(including, without limitation, each portion of this Agreement containing any provision held to be invalid, void or otherwise unenforceable that is not itself invalid, void or enforceable) shall be construed so as to give effect to the intent manifested by the provision held invalid, void, or unenforceable. Signatures begin on the next page] 19 209 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their respective duly authorized representatives as of this day and year first above written. CITY O VERNO By: A ArAw. Y ette Woodruff-Perez - Mayor ATTEST: Maria E. Ayala, City C k APPROVED AS Tj FORM: rawanwcottyc Brian Byun,C TOMER Senior Deputy City Attorney By: Print Name:Ar Ief Title: c - Print Name: E.• Fr Title: 20 210 EXHIBIT "A" ALL SHORT FORM IRU AGREEMENTS EXHIBIT"A" 211 SHORT FORM IRU — 17. 1 Indefeasible Right of Use Agreement 212 SHORT FORM IRU-17.1 Indefeasible Right of Use Agreement THIS SHORT FORM IRU-17.1 INDEFEASIBLE RIGHT OF USE AGREEMENT herein referred to as "IRU-17.1 Agreement") is made, entered into and executed in duplicate originals, either copy of which may be considered as the original hereof for all purposes, as of this 17th day of July 2018 (the "Effective Date"), between the CITY OF VERNON (hereinafter referred to as the "CITY") having its offices at 4305 Santa Fe Avenue, Vernon, California 90058, and C. R. LAURENCE INTERNATIONAL INC. (hereinafter referred to as "CUSTOMER"), a California corporation with offices at 2503 Vernon Avenue, Vernon, California 90058, which are sometimes referred to individually as "Party" and collectively as "Parties." Upon execution, this IRU-17.1 Agreement shall become a part of the master agreement entitled Optical Fiber Use Agreement ("Agreement") dated July 17 , 2018. Each term used in this IRU-17.1 Agreement not defined herein shall have the meaning ascribed to such term in the Agreement. All of the terms and conditions of the Agreement shall apply to this IRU-17.1 Agreement, and govern and control each Party's rights and obligations hereunder. RECITALS WHEREAS, the CITY has constructed a fiber optic infrastructure within the jurisdictional boundaries of the CITY, known as the "Cable System," in the general route set forth in Exhibit G "Map of Cable System"; and WHEREAS, title to the Cable System is vested exclusively in the CITY; and WHEREAS, the CITY grants an indefeasible right of use to various commercial users in the City to use certain optical dark fiber strands and associated facilities in the Cable System for voice, data, and other video services; and WHEREAS, the CITY desires to grant to CUSTOMER an indefeasible right to use certain optical dark fiber strands and associated facilities for CUSTOMER's exclusive use; and WHEREAS, CUSTOMER desires to lease roughly 1.51 fiber strand miles of certain Cable System components between CUSTOMER's buildings located at 2503 Vernon Avenue and 3810 Ross Street (referred to individually as "Customer Facility" and collectively as "Customer Facilities"). THEREFORE, in consideration of the mutual agreements herein, the Parties agree as follows: 1.Recitals. The Parties to this IRU-17.1 Agreement agree and attest to the truth and accuracy of the recitals set forth above, which are hereby incorporated and made a part of this IRU-17.1 Agreement by this reference. 1- 213 2.Grant of Indefeasible Right of Use. The CITY hereby grants to CUSTOMER an Indefeasible Right ofUse(IRU)of the following Cable System components: Fiber strand numbers 95 and 96 of the Cable System terminating in each Customer Facility and dedicated for CUSTOMER's exclusive use, as identified in IRU-17.1-Schedule—E. The above-described individual Cable System components collectively shall be the Customer System for this IRU-17.1 Agreement. The Customer System shall be inclusive of the above described Cable System components between and including the CITY'S sides of the originating and terminating Demarcation Points at the Customer Facilities. The Customer System does not include any conduit, fiber, premises, buildings, boxes, or other equipment or facilities on the CUSTOMER's side of the Demarcation Points. 3.Project Schedule. The CITY will construct and install any necessary Backbone Extensions or Service Drops as may be necessary to provide the Customer System for CUSTOMER'S use in accordance with the terms of the Agreement and this IRU-17.1 Agreement. The CITY shall use commercially reasonable efforts to comply with the project schedule that is attached hereto as IRU-17.1-Schedule-F or as otherwise determined by the Parties in writing; provided, however, that CITY's failure to comply with the project schedule shall not constitute a breach or default hereunder, and CITY SHALL HAVE NO LIABILITY TO CUSTOMER FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSS OF USE, LOSS OF PROFITS, OR OTHER CLAIMS IN THE EVENT THE CITY DOES NOT COMPLY WITH THE DATES SET FORTH IN THE PROJECT SCHEDULE. As CUSTOMER's sole and exclusive remedy in the event of CITY's failure to comply with the project schedule, CUSTOMER may deliver written notice of intent to terminate to CITY within five (5) days following the CITY's failure to meet the Construction End Date, as set forth in Schedule-F or as otherwise determined by the Parties in writing. If the CITY fails to complete construction within 10 days following receipt of CUSTOMER's notice, CUSTOMER shall have the right to terminate this IRU-17.1 Agreement; provided, however, that to the extent that the failure to comply with the project schedule is directly or indirectly affected by acts or omissions of CUSTOMER, its employees, agents, or representatives (collectively, a "CUSTOMER Delay"), the project schedule shall be extended on a day for day basis for each day of delay wholly or partially caused by CUSTOMER Delay. 3. Commencement and Length of Term. CUSTOMER'S Indefeasible Right of Use in each component of the Customer System shall commence on the date that CUSTOMER accepts or is deemed to have accepted, in accordance with Section 27 of the Agreement, the portion of the Cable System covered by this IRU-17.1 Agreement as meeting the specifications set forth in the attached IRU-17.1- Schedule-D., determined in accordance with the acceptance testing plan as described in Section 27 of the Agreement (the "Commencement Date"). The 2- 214 length of the Term for this IRU-17.1 shall be three years from the Commencement Date. 4. Obligations of the CITY. The CITY shall provide the following items for the Customer System: 4.1 A Demarcation Point at each CUSTOMER access location; 4.2 Optical fiber cable extension segments from splice enclosure in the public right-of-way to the Demarcation Point in the Customer Facilities, essentially the construction of a Service Drop; and 4.3 Where applicable, place one inner-duct, which will house fiber optic cable extension segments, inside the CUSTOMER furnished conduit, from the conduit entry to the Demarcation Point. 5.Obligations of the CUSTOMER. CUSTOMER, at its sole cost, and in a manner acceptable to CITY, shall provide the following items for the Customer System: 5.1 Provide the CITY access to a suitable conduit system leading to the Demarcation Point inside the Customer Facilities; 5.2 Provide the CITY access to the demarcation room for placement of necessary demarcation accessories and for CITY's access to perform scheduled or emergency maintenance; 5.3 Bring its connecting optical fiber patch cords to the Demarcation Points; 5.4 Specify the type of optical connector needed at the demarcation termination point. The CITY shall install ultra SC type connector unless otherwise specified by the CUSTOMER; and 5.5 CUSTOMER shall be responsible for purchase, installation and maintenance of any and all electronic, optronic and other equipment, materials and facilities used by CUSTOMER on the CUSTOMER side of the Demarcation Points in connection with the operation of the Customer System, none of which is included in this IRU-17.1 Agreement. 6.Costs and Fees. An invoice setting forth a summary of the transactions under the IRU-17.1 Agreement is attached hereto as IRU-17.1-Schedule-B. The payments and charges shall be in accordance with Section 28 of the Agreement and as specifically identified in the following subparagraphs: 6.1 CUSTOMER shall pay a one-time construction and installation charge of Not Applicable). 3- 215 6.2 CUSTOMER shall pay quarterly IRU fee payments of$2,230.80 based on a monthly base rate of$743.60 with the first quarterly payment due to the CITY upon CUSTOMER execution of this IRU-17.1 Agreement. 6.3 If CUSTOMER requests additional connection or disconnection services in writing, CUSTOMER shall pay for each additional service the fees stated in Section 2.2 of IRU-17.1-Schedule—C. One-time CUSTOMER service charges also apply if the CUSTOMER requires installation of a new distribution ring or concentrator in an already established Cable System or Customer System distribution cable segment, rearrangement of existing service connections, or rearrangement of a ring or concentrator operation. 6.4 CUSTOMER shall be charged with any False Maintenance Calls on a time-and-materials basis at the standard CITY rates in effect at the time services are performed. The CITY'S rates in effect at the time of execution of this IRU-17.1 Agreement are set forth in IRU-17.1-Schedule- A hereto and are subject to increase at a rate not to exceed the cumulative increase in the Consumer Price Index (as defined below) since the last rate change. 6.5 During the Term, the CITY reserves the right, on an annual basis, to increase the recurring IRU fees at a rate not to exceed the Consumer Price Index, All Urban Consumers (CPI-U), published by the United States Department of Labor, Bureau of Labor Statistics (1982-84=100). The recurring fee may be increased at any time or after the yearly anniversary of the Effective Date of this IRU-17.1 Agreement by the cumulative increase, if any, in the CPI-U for the Los Angeles-Riverside-Orange County, CA area for the preceding twelve (12) month period. In the event such index shall cease to be computed or published, CITY may, in its reasonable discretion, designate a successor index to be used in determining any increase to the recurring fee. 7.Credit Allowance. For any Total Service Interruptions, the CITY will grant CUSTOMER a "Credit Allowance" to be credited against the CUSTOMER's monthly charges. Credit Allowances will be calculated in one (1) hour increments, with partial hours rounded up to a full hour. Each hour of Total Service Interruption is valued at 1.03 (equal to the monthly charge, $743.60, divided by the total number of hours in an average month, 720). A"Total Service Interruption"will be deemed to have occurred only if: 7.1 Service becomes unusable to CUSTOMER as a result of the failure of CITY equipment, facilities, or personnel used to provide the service; and 7.2 The interruption is not wholly or partially the result of: 4- 216 7.2.1 The acts or omissions of CUSTOMER or its agents, employees, suppliers or contractors; 7.2.2 The failure or malfunction of non-CITY equipment, facilities, or system; 7.2.3 Any circumstances or causes beyond the control of the CITY; or 7.2.4 Scheduled maintenance or alteration, or the completion of such maintenance or alteration beyond normal time requirements. 7.3 All of the Credit Allowances will accumulate during a calendar year and be credited against the CUSTOMER's invoice for the first quarter of the next calendar year; provided, however, that Credit Allowances will be paid in cash if any are outstanding at the end of the Term. 8.This IRU-17.1 Agreement, including all Schedules and Exhibits which are attached hereto, are hereby incorporated into the Agreement, dated 2018 as Exhibit "A" to the Agreement. The Agreement, this IRU-17.1 Agreement, and all Schedules and Exhibits hereto, constitute the entire agreement between the Parties with respect to the subject matter hereof 9.This IRU-17.1 Agreement cannot be modified except by written instrument signed by both Parties. Signatures begin on the next page] 5- 217 IN WITNESS WHEREOF the Parties have executed and delivered this IRU-17.1 Agreement effective the day and year first above written: CITY OF VERNON By: l ' Yv'tte Woo I ruff-Perez Mayor ATTEST: Mari E. Ayala, City rk APPROVED AS TO FORM: Brian Byun, CUSTOMER i2SeniorDeputyCityAttorney By: Print Name: A -re1es Title:C F •D Print Name: INna, d E. e Title: e D 6- 218 IRU-17.1-Schedule-A MAINTENANCE AND REPAIR RATES Charges for Time and Material Service Where applicable, the CITY shall perform maintenance or installation service at the rates established below. Unless specifically authorized by the CUSTOMER in writing, no scheduled maintenance will be performed outside of normal working hours. Normal Working Hours Hourly Rate 7:00 a.m. to 3:30 p.m., 85.00 Monday through Friday(except for CITY observed holidays) Overtime Hours Hourly Rate 6:00 a.m. to 7:00 a.m., and 105.00 3:30 p.m. to 12:00 midnight, Monday through Friday (except for CITY observed holidays) Holiday Hours and Special Call Out Hourly Rate Any time during a CITY observed holiday 130.00 or any time during Saturday or Sunday, or any time between the hours of 12:00 Midnight and 6:00 a.m., Monday through Friday Charges will be made for travel time to the location where maintenance is to be performed. Charges will also be made for travel time from the said location (a) in the event that maintenance carries over after 3:30 p.m., or(b) for any maintenance performed during holiday hours of special call out. Charges will be for a minimum of two (2) hours for normal and overtime hours and for a minimum of four (4) hours for holiday hours and special call out. CITY Holiday Schedule: New Year's Day Martin Luther King Day President's Day Memorial Day Veterans Day Thanksgiving Day and Day After Independence Day Christmas Day Labor Day Cesar Chavez Day 7- 219 IRU-17.1-Schedule-B SAMPLE QUARTERLY INVOICE This sample IRU-17.1 Agreement Invoice provides a summary ofthe quarterly charges under this IRU-17.1 Agreement at the time of execution. Customer Facilities: 2503 Vernon Avenue and 3810 Ross Street, Vernon, CA Approximate Length of Fiber Optic Strand: (7,992' or 1.51 Fiber strand miles) ITEM Description IRU Fees 1 Quarterly IRU-17.1 Base Charges 2,230.80 July 1, 2018 through September 30, 2018) 743.60/month x 3 months = $2,230.80) 2) Fiber strands x 1.51 strand miles x$180/mile =543.60 4) Fiber ports x$50/port =200.00 743.60 Note: The length of strand miles has been rounded to two decimal places in the above- stated figures, which explains any minor discrepancies in the calculation of the total quarterly fee. Total Quarterly IRU-17.1 Agreement Fees 2,230.80 Note: Transaction invoices reflect the services purchased from the CITY by the CUSTOMER and shall be the amount due the CITY upon CUSTOMER acceptance. This invoice reflects no federal, state, or local taxes. If applicable, taxes shall be added or invoiced separately. B- 1 220 IRU-17.1-Schedule-C DARK FIBER PRICING 1.0 FEES: 1.2 1.1 Monthly Dark Fiber Services Fees: CUSTOMER shall pay the CITY in quarterly installments for the use ofthe first two Fiber strands. The total quarterly charge for the City's services under this IRU-17.1 Agreement are $2,230.80. That amount is calculated on the basis of the following rounded costs: A. $ 180.00 per Fiber strand mile (1.51)per month (3) for the first two Fiber strands (2); plus B. $ 50.00 per Fiber port(4) per month (3). 2.0 Additional Services and Connection/Disconnection/Rearrangement Fees 2.1. General If the CUSTOMER requests the use of additional fiber strands, the CITY will charge CUSTOMER an additional $ 120.00 use fee per Fiber strand mile per month per each additional fiber. The Parties shall amend this Agreement in writing upon the CUSTOMER's request to add additional Fibers. 2.2 Building Service If the CUSTOMER requests the use of additional fiber strands or requests the deletion of the use of certain fibers, the CITY will charge CUSTOMER a one-time service connection (or deletion) fee for the initial establishment and cutover of a CUSTOMER'S point-to-point or distribution Cable System (ring or segment). The following one-time fees apply if the CUSTOMER requests the addition or deletion of building service to/from a CUSTOMER point-to-point or distribution Cable System and for all building service connections: A.Service Addition: Fiber Count Charge/Fiber Each 400 B.Service Deletion: Fiber Count Charge/Fiber Each 200 2.3 Major Requests by CUSTOMER C-2 221 For services such as adding a new ring, changing a segment into a primary path/protect path (ring), adding or changing a Demarcation Point, rearranging multiple service connections, and rearranging a ring(s), the CUSTOMER shall submit a request and service description to the CITY. The CITY shall return to the CUSTOMER a cost estimate for the necessary work and materials within 14 days of receipt of the service request. The CITY's charge to the CUSTOMER shall be based on time and materials in accordance with the rates set forth in IRU-17.1-Schedule-A plus a fifteen (15) percent overhead charge. The parties shall agree in writing before proceeding with such work. C-3 222 IRU-17.1-Schedule-D CUSTOMER SYSTEM SPECIFICATIONS 1.General The CITY shall install and maintain the Customer System within the CITY'S Cable System in accordance with the criteria and specifications stated herein. 2. Design Criteria The CITY will endeavor to keep the number of splices in a span to a minimum. 3. Optical Fiber Specifications The CITY will use commercially reasonable efforts to meet the Specifications as detailed below for all cable installed for the Term of this IRU-17.1 Agreement. If any of the following Specifications (optical, splice loss, and end to end attenuation test criteria) or any other Specifications set forth in this IRU-17.1 Agreement are not met following the notice and cure periods set forth in the Agreement, CUSTOMER shall have the remedies set forth in the Agreement, subject to all limitations on remedies and damages set forth in the Agreement. NOTHING SET FORTH HEREIN CONSTITUTES A REPRESENTATION OR WARRANTY OR GUARANTEE THAT THE CABLE SYSTEM OR CUSTOMER SYSTEM WILL MEET THE SPECIFICATIONS SET FORTH BELOW, and failure to meet the Specifications shall not be the basis for any claim by CUSTOMER for damages or other remedies, except for those remedies specifically provided for in the Agreement. 3.1 Single Mode Fiber: Parameter Specifications Units Maximum attenuation, 1310nm 0.5 dB/Km Maximum attenuation, 1550nm 0.4 dB/Km Cladding diameter 125 +/- 3 um Core diameter 8.3 urn Cutoff Wavelength 1250 +/- 100 nm Zero dispersion wavelength 1310 +/- 12 nm Maximum dispersion(1285-1330 nm) 3.5 ps/(nm-km) 3.2 Splice Loss Splice loss on CITY cables will average less than or equal to 0.15 dB for all splices the CITY makes under this IRU-17.1 Agreement. The 0.15 dB splice average will only apply to splices between cables of identical physical and optical properties D- 1 223 i.e., core and cladding dimensions, reflective index and optical loss characteristics). All splices shall be measured using bi-directional methods and averages. 3.3 End-to-End Attenuation Test Criteria The Customer System will be tested at both wavelengths specified for the installed cable type as specified below unless otherwise stated in this IRU-17.1 Agreement: Single Mode Fiber 1310 nm and 1550 nm The end-to-end attenuation test criteria will be based on the following formula: Maximum acceptable end-to-end attenuation= (A X Lx) +(0.15 X Nsp) + C Where: A= Max. attenuation at each wavelength as specified in Section 3 above Lx= Installed length of cable in kilometers (km) Nsp =Number of fiber splices in the cable system C = Connector/pigtail loss. The attenuation contribution of each pigtail with associated connector is considered to be 1.0 dB comprised of 0.85 dB connector loss and 0.15 dB splice loss (pigtail to OSP cable splice). Therefore, C = 1.0 dB if the span is connectorized on one end and 2.0 dB if connectorized on both ends. In the event that the fiber measured attenuation values change after the cable is installed and is degraded by 2db or greater than specified above, the CITY will perform corrective maintenance, pursuant to a request by the CUSTOMER, to ensure that the attenuation values conform to the Specifications set forth in this IRU-17.1-Schedule—D. Analog Video The CITY will not warrant CUSTOMER analog video transmission within the foregoing system parameters. D-2 224 IRU-17.1-Schedule-E MAP OF CUSTOMER SYSTEM to, •Elk 0 m 0 2 rlC] 24-S Z D A g T1 z o Dn A m z o ro s m = ticam m „ m r z m C0 , e6 ti Z 3 OmCgrZmO N W 0 m N O n 00to t t 0 N I IN n n r• rrr W W N W UT 0 0 W 11 A Z Z m i VERNON PUBLIC UTILITI LOCATION: FIBER OPTION SYSTEA IRU-17.1 ok- ' FIBER STRANDS LEASE!1 ISSUED FOR REVIEW 06 06 IO ARN ARN CGy9%'t ., C.R. LAURENCE INT.,O ISSUED FOR REVIEW _IO 27/09 ARN ARN GAR NO. REVISION DATE APPV'D CHK BY E-S4T-101-1 225 IRU-17.1-Schedule-F PROJECT SCHEDULE Construction Start Date: Not Applicable (Existing system) Construction Completion Date: Not Applicable (Existing system) System Testing: Not Applicable (Existing system) Available for Customer System Use: System in Use 226 IRU-17.1-Schedule-G CITY'S CABLE SYSTEM MAP rP1 o..H ,; m moo - ---, Z 8 2 D ny ; Ul g O R r f N A < In N Y O A z H Z D In CI Q p I. V c O m p O Q3 ®ON I W 1 p OA 3 D Z i o n. cn w O O n m c T IM - m I- c e -c N L7 E N A 0 LI lJ s LW ' O O m r z CO Oc . .,j c m Z m 3 m C+'c O. .OOmAAOpCJS 2 Z Zo• o 0 O a.s_-_- O 0 ...- O Q +.p O N C amp m= ---_p-: 0 CT1 .H glamrn v J' Lam" m a4 A p y m c ®r 1 m O—_ a. lN p Cn o O CO qss9Clj QO IC ,;C)7i_c?_rzi On O° o O Cn 9_ w 1 y co r 4,A 0 w u! O Q c •0 r m m N C) p O a of VERNON PUBLIC UTILITIES t .y LOCATION SYSTEM a FIBER OPTIC SYSTEM1- gs.rt.='c VERNON BACKBONECilei".. B ISSUED FOR REVIEW 06/06/18 ARN ARN CG moi+';:;t 5 DWG TO SHOW IRU — 10.1 05122/13 ARN ARN JAF OPTICAL NETWORK NO. REVISION DATE APPV'D CHK BY E-S4T-110-6 227 SHORT FORM IRU — 17.2 Indefeasible Right of Use Agreement 228 SHORT FORM IRU-17.2 Indefeasible Right of Use Agreement THIS SHORT FORM IRU-17.2 INDEFEASIBLE RIGHT OF USE AGREEMENT herein referred to as "IRU-17.2 Agreement") is made, entered into and executed in duplicate originals, either copy of which may be considered as the original hereof for all purposes, as of this 17th day of July 2018 (the "Effective Date"), between the CITY OF VERNON (hereinafter referred to as the "CITY") having its offices at 4305 Santa Fe Avenue, Vernon, California 90058, and C. R. LAURENCE INTERNATIONAL INC. (hereinafter referred to as "CUSTOMER"), a California corporation with offices at 2503 Vernon Avenue, Vernon, California 90058, which are sometimes referred to individually as "Party" and collectively as "Parties." Upon execution, this IRU-17.2 Agreement shall become a part of the master agreement entitled Optical Fiber Use Agreement ("Agreement") dated July 17 _, 2018. Each term used in this IRU-17.2 Agreement not defined herein shall have the meaning ascribed to such term in the Agreement. All of the terms and conditions of the Agreement shall apply to this IRU-17.2 Agreement, and govern and control each Party's rights and obligations hereunder. RECITALS WHEREAS, the CITY has constructed a fiber optic infrastructure within the jurisdictional boundaries of the CITY, known as the "Cable System," in the general route set forth in Exhibit G"Map of Cable System"; and WHEREAS, title to the Cable System is vested exclusively in the CITY; and WHEREAS, the CITY grants an indefeasible right of use to various commercial users in the City to use certain optical dark fiber strands and associated facilities in the Cable System for voice, data, and other video services; and WHEREAS, the CITY desires to grant to CUSTOMER an indefeasible right to use certain optical dark fiber strands and associated facilities for CUSTOMER's exclusive use; and WHEREAS, CUSTOMER desires to lease less than 0.50 fiber strand miles of certain Cable System components between CUSTOMER's buildings located at 2503 Vernon Avenue and 2450 Vernon Avenue (referred to individually as "Customer Facility" and collectively as "Customer Facilities"). THEREFORE, in consideration of the mutual agreements herein, the Parties agree as follows: 1.Recitals. The Parties to this IRU-17.2 Agreement agree and attest to the truth and accuracy of the recitals set forth above, which are hereby incorporated and made a part of this IRU-17.2 Agreement by this reference. 1- 229 2.Grant of Indefeasible Right of Use. The CITY hereby grants to CUSTOMER an Indefeasible Right of Use(IRU) of the following Cable System components: Fiber strand numbers 3 and 4 of the Cable System terminating in each Customer Facility and dedicated for CUSTOMER's exclusive use, as identified in IRU-17.2-Schedule—E. The above-described individual Cable System components collectively shall be the Customer System for this IRU-17.2 Agreement. The Customer System shall be inclusive of the above described Cable System components between and including the CITY'S sides of the originating and terminating Demarcation Points at the Customer Facilities. The Customer System does not include any conduit, fiber, premises, buildings, boxes, or other equipment or facilities on the CUSTOMER's side of the Demarcation Points. 3. Project Schedule. The CITY will construct and install any necessary Backbone Extensions or Service Drops as may be necessary to provide the Customer System for CUSTOMER'S use in accordance with the terms of the Agreement and this IRU-17.2 Agreement. The CITY shall use commercially reasonable efforts to comply with the project schedule that is attached hereto as IRU-17.2-Schedule-F or as otherwise determined by the Parties in writing; provided, however, that CITY's failure to comply with the project schedule shall not constitute a breach or default hereunder, and CITY SHALL HAVE NO LIABILITY TO CUSTOMER FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSS OF USE, LOSS OF PROFITS, OR OTHER CLAIMS IN THE EVENT THE CITY DOES NOT COMPLY WITH THE DATES SET FORTH IN THE PROJECT SCHEDULE. As CUSTOMER's sole and exclusive remedy in the event of CITY's failure to comply with the project schedule, CUSTOMER may deliver written notice of intent to terminate to CITY within five (5) days following the CITY's failure to meet the Construction End Date, as set forth in Schedule-F or as otherwise determined by the Parties in writing. If the CITY fails to complete construction within 10 days following receipt of CUSTOMER's notice, CUSTOMER shall have the right to terminate this IRU-17.2 Agreement; provided, however, that to the extent that the failure to comply with the project schedule is directly or indirectly affected by acts or omissions of CUSTOMER, its employees, agents, or representatives (collectively, a "CUSTOMER Delay"), the project schedule shall be extended on a day for day basis for each day of delay wholly or partially caused by CUSTOMER Delay. 3. Commencement and Length of Term. CUSTOMER'S Indefeasible Right of Use in each component of the Customer System shall commence on the date that CUSTOMER accepts or is deemed to have accepted, in accordance with Section 27 of the Agreement, the portion of the Cable System covered by this IRU-17.2 Agreement as meeting the specifications set forth in the attached IRU-17.2- Schedule-D, determined in accordance with the acceptance testing plan as described in Section 27 of the Agreement (the "Commencement Date"). The 2- 230 length of the Term for this IRU-17.2 shall be three years from the Commencement Date. 4. Obligations of the CITY. The CITY shall provide the following items for the Customer System: 4.1 A Demarcation Point at each CUSTOMER access location; 4.2 Optical fiber cable extension segments from splice enclosure in the public right-of-way to the Demarcation Point in the Customer Facilities, essentially the construction of a Service Drop; and 4.3 Where applicable, place one inner-duct, which will house fiber optic cable extension segments, inside the CUSTOMER furnished conduit, from the conduit entry to the Demarcation Point. 5.Obligations of the CUSTOMER. CUSTOMER, at its sole cost, and in a manner acceptable to CITY, shall provide the following items for the Customer System: 5.1 Provide the CITY access to a suitable conduit system leading to the Demarcation Point inside the Customer Facilities; 5.2 Provide the CITY access to the demarcation room for placement of necessary demarcation accessories and for CITY's access to perform scheduled or emergency maintenance; 5.3 Bring its connecting optical fiber patch cords to the Demarcation Points; 5.4 Specify the type of optical connector needed at the demarcation termination point. The CITY shall install ultra SC type connector unless otherwise specified by the CUSTOMER; and 5.5 CUSTOMER shall be responsible for purchase, installation and maintenance of any and all electronic, optronic and other equipment, materials and facilities used by CUSTOMER on the CUSTOMER side of the Demarcation Points in connection with the operation of the Customer System, none of which is included in this IRU-17.2 Agreement. 6.Costs and Fees. An invoice setting forth a summary of the transactions under the IRU-17.2 Agreement is attached hereto as IRU-17.2-Schedule-B. The payments and charges shall be in accordance with Section 28 of the Agreement and as specifically identified in the following subparagraphs: 6.1 Construction and installation charges shall be added to the invoice for the first quarterly payment or prorated portion thereof. CUSTOMER shall pay a onetime construction and installation charge of Not Applicable. 3- 231 6.2 CUSTOMER shall pay quarterly IRU fee payments of$1,140.00 based on a monthly base rate of$380.00 with the first quarterly payment due to the CITY upon CUSTOMER execution of this IRU-17.2 Agreement. 6.3 If CUSTOMER requests additional connection or disconnection services in writing, CUSTOMER shall pay for each additional service the fees stated in Section 2.2 of IRU-17.2-Schedule—C. One-time CUSTOMER service charges also apply if the CUSTOMER requires installation of a new distribution ring or concentrator in an already established Cable System or Customer System distribution cable segment, rearrangement of existing service connections, or rearrangement of a ring or concentrator operation. 6.4 CUSTOMER shall be charged with any False Maintenance Calls on a time-and-materials basis at the standard CITY rates in effect at the time services are performed. The CITY'S rates in effect at the time of execution of this IRU-17.2 Agreement are set forth in IRU-17.2-Schedule- A hereto and are subject to increase at a rate not to exceed the cumulative increase in the Consumer Price Index (as defined below) since the last rate change. 6.5 During the Term, the CITY reserves the right, on an annual basis, to increase the recurring IRU fees at a rate not to exceed the Consumer Price Index, All Urban Consumers (CPI-U), published by the United States Department of Labor, Bureau of Labor Statistics (1982-84=100). The recurring fee may be increased at any time or after the yearly anniversary of the Effective Date of this IRU-17.2 Agreement by the cumulative increase, if any, in the CPI-U for the Los Angeles-Riverside-Orange County, CA area for the preceding twelve (12) month period. In the event such index shall cease to be computed or published, CITY may, in its reasonable discretion, designate a successor index to be used in determining any increase to the recurring fee. 7.Credit Allowance. For any Total Service Interruptions, the CITY will grant CUSTOMER a "Credit Allowance" to be credited against the CUSTOMER's monthly charges. Credit Allowances will be calculated in one (1) hour increments, with partial hours rounded up to a full hour. Each hour of Total Service Interruption is valued at 0.53 (equal to the monthly charge, $380.00, divided by the total number of hours in an average month, 720). A"Total Service Interruption"will be deemed to have occurred only if: 7.1 Service becomes unusable to CUSTOMER as a result of the failure of CITY equipment, facilities, or personnel used to provide the service; and 7.2 The interruption is not wholly or partially the result of: 4- 232 7.2.1 The acts or omissions of CUSTOMER or its agents, employees, suppliers or contractors; 7.2.2 The failure or malfunction of non-CITY equipment, facilities, or system; 7.2.3 Any circumstances or causes beyond the control ofthe CITY; or 7.2.4 Scheduled maintenance or alteration, or the completion of such maintenance or alteration beyond normal time requirements. 7.3 All of the Credit Allowances will accumulate during a calendar year and be credited against the CUSTOMER's invoice for the first quarter of the next calendar year; provided, however, that Credit Allowances will be paid in cash if any are outstanding at the end of the Term. 8. This IRU-17.2 Agreement, including all Schedules and Exhibits which are attached hereto, are hereby incorporated into the Agreement, dated 2018 as Exhibit "A" to the Agreement. The Agreement, this IRU-17.2 Agreement, and all Schedules and Exhibits hereto, constitute the entire agreement between the Parties with respect to the subject matter hereof 9. This IRU-17.2 Agreement cannot be modified except by written instrument signed by both Parties. Signatures begin on the next page] 5- 233 IN WITNESS WHEREOF the Parties have executed and delivered this IRU-17.2 Agreement effective the day and year first above written: CITY OF VERNON 1 1 i . By:i 1linVi Yv- to Woodruff-Perez Mayor ATTEST: Mari E. Ayala, Cit Jerk APPROVED AS TO FORM: i 6 Mie ,7,_y Brian Byun, CUSTOM Senior Deputy City Attorney By: V------ Print Name: l Title: C-/-P-0 ILY.:-_722 >0,,,,JLC)L1,9 9-,,__A;,A Print Name: (61NI,ci W 1. ‘'01--e Title: C -E•O • 6- 234 IRU-17.2-Schedule-A MAINTENANCE AND REPAIR RATES Charges for Time and Material Service Where applicable, the CITY shall perform maintenance or installation service at the rates established below. Unless specifically authorized by the CUSTOMER in writing, no scheduled maintenance will be performed outside of normal working hours. Normal Working Hours Hourly Rate 7:00 a.m.to 3:30 p.m., 85.00 Monday through Friday(except for CITY observed holidays) Overtime Hours Hourly Rate 6:00 a.m. to 7:00 a.m., and 105.00 3:30 p.m. to 12:00 midnight, Monday through Friday(except for CITY observed holidays) Holiday Hours and Special Call Out Hourly Rate Any time during a CITY observed holiday 130.00 or any time during Saturday or Sunday, or any time between the hours of 12:00 Midnight and 6:00 a.m., Monday through Friday Charges will be made for travel time to the location where maintenance is to be performed. Charges will also be made for travel time from the said location (a) in the event that maintenance carries over after 3:30 p.m., or(b) for any maintenance performed during holiday hours of special call out. Charges will be for a minimum of two (2) hours for normal and overtime hours and for a minimum of four(4) hours for holiday hours and special call out. CITY Holiday Schedule: New Year's Day Martin Luther King Day President's Day Memorial Day Veterans Day Thanksgiving Day and Day After Independence Day Christmas Day Labor Day Cesar Chavez Day 7- 235 IRU-17.2-Schedule-B SAMPLE QUARTERLY INVOICE This sample IRU-17.2 Agreement Invoice provides a summary of the quarterly charges under this IRU-17.2 Agreement at the time of execution. Customer Facilities: 2503 Vernon Avenue and 2450 Vernon, Vernon, CA Approximate Length of Fiber Optic Strand: (Less than 0.50 Fiber strand miles) ITEM Description IRU Fees 1 Quarterly IRU-17.2 Base Charges 1,140.00 July 1, 2018 through September 30, 2018) 380.00/month x 3 months= $1,140.00) 2) Fiber strands x 0.50 strand miles x $180/mile =180.00 4) Fiber ports x $50/port =200.00 380.00 Note: The length of strand miles has been rounded to two decimal places in the above- stated figures, which explains any minor discrepancies in the calculation of the total quarterly fee. Total Quarterly IRU-17.2 Agreement Fees 1,140.00 Note: Transaction invoices reflect the services purchased from the CITY by the CUSTOMER and shall be the amount due the CITY upon CUSTOMER acceptance. This invoice reflects no federal, state, or local taxes. If applicable, taxes shall be added or invoiced separately. B- 1 236 IRU-17.2-Schedule-C DARK FIBER PRICING 1.0 FEES: 1.2 1.1 Monthly Dark Fiber Services Fees: CUSTOMER shall pay the CITY in quarterly installments for the use ofthe first two Fiber strands. The total quarterly charge for the City's services under this IRU-17.2 Agreement are $1,140.00. That amount is calculated on the basis of the following rounded costs: A. $ 180.00 per Fiber strand mile (0.50) per month(3) for the first two Fiber strands (2); plus B. $ 50.00 per Fiber port(4)per month(3). 2.0 Additional Services and Connection/Disconnection/Rearrangement Fees 2.1. General If the CUSTOMER requests the use of additional fiber strands, the CITY will charge CUSTOMER an additional $ 120.00 use fee per Fiber strand mile per month per each additional fiber. The Parties shall amend this Agreement in writing upon the CUSTOMER's request to add additional Fibers. For any service agreement,the backbone monthly Services charge is based on a minimum length of 0.5 miles offiber strand which corresponds to $380.00 per month. 2.2 Building Service If the CUSTOMER requests the use of additional fiber strands or requests the deletion of the use of certain fibers, the CITY will charge CUSTOMER a one-time service connection (or deletion) fee for the initial establishment and cutover of a CUSTOMER'S point-to-point or distribution Cable System (ring or segment). The following one-time fees apply if the CUSTOMER requests the addition or deletion of building service to/from a CUSTOMER point-to-point or distribution Cable System and for all building service connections: A.Service Addition: Fiber Count Charge/Fiber Each 400 B.Service Deletion: Fiber Count Charge/Fiber Each 200 C-2 237 2.3 Major Requests by CUSTOMER For services such as adding a new ring, changing a segment into a primary path/protect path (ring), adding or changing a Demarcation Point, rearranging multiple service connections, and rearranging a ring(s), the CUSTOMER shall submit a request and service description to the CITY. The CITY shall return to the CUSTOMER a cost estimate for the necessary work and materials within 14 days of receipt of the service request. The CITY's charge to the CUSTOMER shall be based on time and materials in accordance with the rates set forth in IRU-17.2-Schedule-A plus a fifteen (15) percent overhead charge. The parties shall agree in writing before proceeding with such work. C-3 238 IRU-17.2-Schedule-D CUSTOMER SYSTEM SPECIFICATIONS 1.General The CITY shall install and maintain the Customer System within the CITY'S Cable System in accordance with the criteria and specifications stated herein. 2. Design Criteria The CITY will endeavor to keep the number of splices in a span to a minimum. 3. Optical Fiber Specifications The CITY will use commercially reasonable efforts to meet the Specifications as detailed below for all cable installed for the Term of this IRU-17.2 Agreement. If any of the following Specifications (optical, splice loss, and end to end attenuation test criteria) or any other Specifications set forth in this IRU-17.2 Agreement are not met following the notice and cure periods set forth in the Agreement, CUSTOMER shall have the remedies set forth in the Agreement, subject to all limitations on remedies and damages set forth in the Agreement. NOTHING SET FORTH HEREIN CONSTITUTES A REPRESENTATION OR WARRANTY OR GUARANTEE THAT THE CABLE SYSTEM OR CUSTOMER SYSTEM WILL MEET THE SPECIFICATIONS SET FORTH BELOW, and failure to meet the Specifications shall not be the basis for any claim by CUSTOMER for damages or other remedies, except for those remedies specifically provided for in the Agreement. 3.1 Single Mode Fiber: Parameter Specifications Units Maximum attenuation, 1310nm 0.5 dB/Km Maximum attenuation, 1550nm 0.4 dB/Km Cladding diameter 125 +/- 3 urn Core diameter 8.3 urn Cutoff Wavelength 1250 +/- 100 nm Zero dispersion wavelength 1310 +/- 12 nm Maximum dispersion (1285-1330 nm) 3.5 ps/(nm-km) 3.2 Splice Loss Splice loss on CITY cables will average less than or equal to 0.15 dB for all splices the CITY makes under this IRU-17.2 Agreement. The 0.15 dB splice average will only apply to splices between cables of identical physical and optical properties D- 1 239 i.e., core and cladding dimensions, reflective index and optical loss characteristics). All splices shall be measured using bi-directional methods and averages. 3.3 End-to-End Attenuation Test Criteria The Customer System will be tested at both wavelengths specified for the installed cable type as specified below unless otherwise stated in this IRU-17.2 Agreement: Single Mode Fiber 1310 nm and 1550 nm The end-to-end attenuation test criteria will be based on the following formula: Maximum acceptable end-to-end attenuation=(A X Lx) + (0.15 X Nsp) + C Where: A=Max. attenuation at each wavelength as specified in Section 3 above Lx = Installed length of cable in kilometers (km) Nsp =Number of fiber splices in the cable system C = Connector/pigtail loss. The attenuation contribution of each pigtail with associated connector is considered to be 1.0 dB comprised of 0.85 dB connector loss and 0.15 dB splice loss (pigtail to OSP cable splice). Therefore, C = 1.0 dB if the span is connectorized on one end and 2.0 dB if connectorized on both ends. In the event that the fiber measured attenuation values change after the cable is installed and is degraded by 2db or greater than specified above, the CITY will perform corrective maintenance, pursuant to a request by the CUSTOMER, to ensure that the attenuation values conform to the Specifications set forth in this IRU-17.2-Schedule—D. Analog Video The CITY will not warrant CUSTOMER analog video transmission within the foregoing system parameters. D-2 240 IRU-17.2-Schedule-E MAP OF CUSTOMER SYSTEM rin 0.0®® Fill Z 0 nrtnm N A <m 1; 16 !O A m ym ! A 2 0 m O P mgm,I; A O @ Os o m oy ooC Z m4V^n' m OAW m C n LTl m z z El 0 z) _z r N Y mj C @u4 m I'a p OMPZ ti tzj z w C A A_zrta N N ZrrUl CI w Cmmrli 1 Z Z t` O 0 Z z m• m C a N N n I m 0 c m VERNON PUBLIC UTILITIES 7Rt.-. '`— LOcanck FIBER OPTION SYSTEM 9s .;::;t +' •IRU-17.2 FIBER STRANDS LEASED TOi __,--*/f.. 0 ISSUED FOR REVIEW 08/08/18 ARN CG C.R. LAURENCE INT., INC.9,"_ta0 ISSUED FOR REVIEW 10/277/09 ARN CAR NO. REVISION DATE APPV'D CHK BY E-S4T-094-1 241 IRU-17.2-Schedule-F PROJECT SCHEDULE Construction Start Date: Not Applicable(Existing system) Construction Completion Date: Not Applicable(Existing system) System Testing: Not Applicable(Existing system) Available for Customer System Use: System in Use 242 IRU-17.2-Schedule-G CITY'S CABLE SYSTEM MAP I rm C • - 47 z 0 zxa a 0 T N a0 O• a r -y a D x mn ? ni c D s i e cO rn O, a D m , D or 0 z > nm O Oi n sm ° v' ' i © N Oa iz 0nCamm I a.-_, CRs p -p nD y f N N i• m n r m 0nam n n > I ® C y i n z z o m m a@ x. z n o_-::.... G OOH Oi04l` m JI n O a N 3 m DrV" y II z n x Y} n Z co' I ti ed 1aGW r--- U G© 0VaO ... O '!' N Z Op til 57)° c, 0 0 Or ,,.-, di I Oc. Z r. i) 1 IV tilA O O J1. 1 COVC' y d7+° O L_, 1 N p4 l e OAO 25 ADDEO S.B.68 06/04 10 ARN JD CG VERNON PUBLIC UTILITES 1. 24 REVISED 05 03 18 ARN ARM CG LOCATION SYSTEM 7 !IL_ i , 23 REVISED S.S.65 LOCATION 12 07 17 ARN ARN CG FIBER OPTIC SYSTEMi .;i,'•' 22 ADDED S.B.67 8 31 17 ARN ARN MT r0y: 21 REVISED TO INCLUDE Si 64 4 10 17 ARN ARN JRT VERNON BACKBONE iig ri'4 20 REVISED TO INCLUDE S.E.63 /I 17 ARN ARN JM7 OPTICAL NETWORK I.,4 NO. REVISION DATE APPV'D CHK BY E-S4T-026-25 243 IRU - 17.3 Dark Fiber Pricing 244 SHORT FORM IRU-17.3 Indefeasible Right of Use Agreement THIS SHORT FORM IRU-17.3 INDEFEASIBLE RIGHT OF USE AGREEMENT herein referred to as "IRU-17.3 Agreement") is made, entered into and executed in duplicate originals, either copy of which may be considered as the original hereof for all purposes, as of this 17th day of July 2018 (the "Effective Date"), between the CITY OF VERNON (hereinafter referred to as the "CITY") having its offices at 4305 Santa Fe Avenue, Vernon, California 90058, and C. R. LAURENCE INTERNATIONAL INC. (hereinafter referred to as "CUSTOMER"), a California corporation with offices at 2503 Vernon Avenue, Vernon, California 90058, which are sometimes referred to individually as "Party" and collectively as "Parties." Upon execution, this IRU-17.3 Agreement shall become a part of the master agreement entitled Optical Fiber Use Agreement ("Agreement") dated July 17 2018. Each term used in this IRU-17.3 Agreement not defined herein shall have the meaning ascribed to such term in the Agreement. All of the terms and conditions of the Agreement shall apply to this IRU-17.3 Agreement, and govern and control each Party's rights and obligations hereunder. RECITALS WHEREAS, the CITY has constructed a fiber optic infrastructure within the jurisdictional boundaries of the CITY, known as the "Cable System," in the general route set forth in Exhibit G"Map of Cable System"; and WHEREAS, title to the Cable System is vested exclusively in the CITY; and WHEREAS, the CITY grants an indefeasible right of use to various commercial users in the City to use certain optical dark fiber strands and associated facilities in the Cable System for voice, data, and other video services; and WHEREAS, the CITY desires to grant to CUSTOMER an indefeasible right to use certain optical dark fiber strands and associated facilities for CUSTOMER's exclusive use; and WHEREAS, CUSTOMER desires to lease roughly 2.41 fiber strand miles of certain Cable System components between CUSTOMER's buildings located at 2450 Vernon Avenue and 2200 E. 55TH Street (referred to individually as "Customer Facility" and collectively as "Customer Facilities"). THEREFORE, in consideration of the mutual agreements herein, the Parties agree as follows: 1.Recitals. The Parties to this IRU-17.3 Agreement agree and attest to the truth and accuracy of the recitals set forth above, which are hereby incorporated and made a part of this IRU-17.3 Agreement by this reference. 1- 245 2.Grant of Indefeasible Right of Use. The CITY hereby grants to CUSTOMER an Indefeasible Right of Use (IRU)of the following Cable System components: Fiber strand numbers 7 and 8 of the Cable System terminating in each Customer Facility and dedicated for CUSTOMER's exclusive use, as identified in IRU-17.3-Schedule—E. The above-described individual Cable System components collectively shall be the Customer System for this IRU-17.3 Agreement. The Customer System shall be inclusive of the above described Cable System components between and including the CITY'S sides of the originating and terminating Demarcation Points at the Customer Facilities. The Customer System does not include any conduit, fiber, premises, buildings, boxes, or other equipment or facilities on the CUSTOMER's side of the Demarcation Points. 3.Project Schedule. The CITY will construct and install any necessary Backbone Extensions or Service Drops as may be necessary to provide the Customer System for CUSTOMER'S use in accordance with the terms of the Agreement and this IRU-17.3 Agreement. The CITY shall use commercially reasonable efforts to comply with the project schedule that is attached hereto as IRU-17.3-Schedule-F or as otherwise determined by the Parties in writing; provided, however, that CITY's failure to comply with the project schedule shall not constitute a breach or default hereunder, and CITY SHALL HAVE NO LIABILITY TO CUSTOMER FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSS OF USE, LOSS OF PROFITS, OR OTHER CLAIMS IN THE EVENT THE CITY DOES NOT COMPLY WITH THE DATES SET FORTH IN THE PROJECT SCHEDULE. As CUSTOMER's sole and exclusive remedy in the event of CITY's failure to comply with the project schedule, CUSTOMER may deliver written notice of intent to terminate to CITY within five (5) days following the CITY's failure to meet the Construction End Date, as set forth in Schedule-F or as otherwise determined by the Parties in writing. If the CITY fails to complete construction within 10 days following receipt of CUSTOMER's notice, CUSTOMER shall have the right to terminate this IRU-17.3 Agreement; provided, however, that to the extent that the failure to comply with the project schedule is directly or indirectly affected by acts or omissions of CUSTOMER, its employees, agents, or representatives (collectively, a "CUSTOMER Delay"), the project schedule shall be extended on a day for day basis for each day of delay wholly or partially caused by CUSTOMER Delay. 3. Commencement and Length of Term. CUSTOMER's Indefeasible Right of Use in each component of the Customer System shall commence on the date that CUSTOMER accepts or is deemed to have accepted, in accordance with Section 27 of the Agreement, the portion of the Cable System covered by this IRU-17.3 Agreement as meeting the specifications set forth in the attached IRU-17.3- Schedule-D, determined in accordance with the acceptance testing plan as described in Section 27 of the Agreement (the "Commencement Date"). The 2- 246 length of the Term for this IRU-17.3 shall be three years from the Commencement Date. 4. Obligations of the CITY. The CITY shall provide the following items for the Customer System: 4.1 A Demarcation Point at each CUSTOMER access location; 4.2 Optical fiber cable extension segments from splice enclosure in the public right-of-way to the Demarcation Point in the Customer Facilities, essentially the construction of a Service Drop; and 4.3 Where applicable, place one inner-duct, which will house fiber optic cable extension segments, inside the CUSTOMER furnished conduit, from the conduit entry to the Demarcation Point. 5.Obligations of the CUSTOMER. CUSTOMER, at its sole cost, and in a manner acceptable to CITY, shall provide the following items for the Customer System: 5.1 Provide the CITY access to a suitable conduit system leading to the Demarcation Point inside the Customer Facilities; 5.2 Provide the CITY access to the demarcation room for placement of necessary demarcation accessories and for CITY's access to perform scheduled or emergency maintenance; 5.3 Bring its connecting optical fiber patch cords to the Demarcation Points; 5.4 Specify the type of optical connector needed at the demarcation termination point. The CITY shall install ultra SC type connector unless otherwise specified by the CUSTOMER; and 5.5 CUSTOMER shall be responsible for purchase, installation and maintenance of any and all electronic, optronic and other equipment, materials and facilities used by CUSTOMER on the CUSTOMER side of the Demarcation Points in connection with the operation of the Customer System, none of which is included in this IRU-17.3 Agreement. 6.Costs and Fees. An invoice setting forth a summary of the transactions under the IRU-17.3 Agreement is attached hereto as IRU-17.3-Schedule-B. The payments and charges shall be in accordance with Section 28 of the Agreement and as specifically identified in the following subparagraphs: 6.1 CUSTOMER shall pay a onetime construction and installation charge of Not Applicable. 3- 247 6.2 CUSTOMER shall pay quarterly IRU fee payments of$3,202.80 based on a monthly base rate of $1,067.60 with the first quarterly payment due to the CITY upon CUSTOMER execution of this IRU-17.3 Agreement. 6.3 If CUSTOMER requests additional connection or disconnection services in writing, CUSTOMER shall pay for each additional service the fees stated in Section 2.2 of IRU-17.3-Schedule—C. One-time CUSTOMER service charges also apply if the CUSTOMER requires installation of a new distribution ring or concentrator in an already established Cable System or Customer System distribution cable segment, rearrangement of existing service connections, or rearrangement of a ring or concentrator operation. 6.4 CUSTOMER shall be charged with any False Maintenance Calls on a time-and-materials basis at the standard CITY rates in effect at the time services are performed. The CITY'S rates in effect at the time of execution of this IRU-17.3 Agreement are set forth in IRU-17.3-Schedule- A hereto and are subject to increase at a rate not to exceed the cumulative increase in the Consumer Price Index (as defined below) since the last rate change. 6.5 During the Term, the CITY reserves the right, on an annual basis, to increase the recurring IRU fees at a rate not to exceed the Consumer Price Index, All Urban Consumers (CPI-U), published by the United States Department of Labor, Bureau of Labor Statistics (1982-84=100). The recurring fee may be increased at any time or after the yearly anniversary of the Effective Date of this IRU-17.3 Agreement by the cumulative increase, if any, in the CPI-U for the Los Angeles-Riverside-Orange County, CA area for the preceding twelve (12) month period. In the event such index shall cease to be computed or published, CITY may, in its reasonable discretion, designate a successor index to be used in determining any increase to the recurring fee. 7.Credit Allowance. For any Total Service Interruptions, the CITY will grant CUSTOMER a "Credit Allowance" to be credited against the CUSTOMER's monthly charges. Credit Allowances will be calculated in one (1) hour increments, with partial hours rounded up to a full hour. Each hour of Total Service Interruption is valued at 1.48 (equal to the monthly charge, $1,067.60, divided by the total number of hours in an average month, 720). A "Total Service Interruption" will be deemed to have occurred only if: 7.1 Service becomes unusable to CUSTOMER as a result of the failure of CITY equipment, facilities, or personnel used to provide the service; and 7.2 The interruption is not wholly or partially the result of: 4- 248 7.2.1 The acts or omissions of CUSTOMER or its agents, employees, suppliers or contractors; 7.2.2 The failure or malfunction of non-CITY equipment, facilities, or system; 7.2.3 Any circumstances or causes beyond the control of the CITY; or 7.2.4 Scheduled maintenance or alteration, or the completion of such maintenance or alteration beyond normal time requirements. 7.3 All of the Credit Allowances will accumulate during a calendar year and be credited against the CUSTOMER's invoice for the first quarter of the next calendar year; provided, however, that Credit Allowances will be paid in cash if any are outstanding at the end of the Term. 8.This IRU-17.3 Agreement, including all Schedules and Exhibits which are attached hereto, are hereby incorporated into the Agreement, dated 2018 as Exhibit "A" to the Agreement. The Agreement, this IRU-17.3 Agreement, and all Schedules and Exhibits hereto, constitute the entire agreement between the Parties with respect to the subject matter hereof. 9.This IRU-17.3 Agreement cannot be modified except by written instrument signed by both Parties. Signatures begin on the next page] 5- 249 IN WITNESS WHEREOF the Parties have executed and delivered this IRU-17.3 Agreement effective the day and year first above written: CITY OF VERNON By: ir Yve-to Woos ruf-'erez Mayor ATTEST: Maria yala, i y Cler APPROVED AS TO FORM: I i XK t - Brian Byun, CUSTOMS' / Senior Deputy City Attorney By: A Print Name: Ay -f€4 Title: 0 By: ' Print Name: u W E.''IeSt Title: C' 6- 250 IRU-17.3-Schedule-A MAINTENANCE AND REPAIR RATES Charges for Time and Material Service Where applicable, the CITY shall perform maintenance or installation service at the rates established below. Unless specifically authorized by the CUSTOMER in writing, no scheduled maintenance will be performed outside of normal working hours. Normal Working Hours Hourly Rate 7:00 a.m. to 3:30 p.m., 85.00 Monday through Friday(except for CITY observed holidays) Overtime Hours Hourly Rate 6:00 a.m. to 7:00 a.m., and 105.00 3:30 p.m. to 12:00 midnight, Monday through Friday(except for CITY observed holidays) Holiday Hours and Special Call Out Hourly Rate Any time during a CITY observed holiday 130.00 or any time during Saturday or Sunday, or any time between the hours of 12:00 Midnight and 6:00 a.m., Monday through Friday Charges will be made for travel time to the location where maintenance is to be performed. Charges will also be made for travel time from the said location (a) in the event that maintenance carries over after 3:30 p.m., or(b) for any maintenance performed during holiday hours of special call out. Charges will be for a minimum of two (2) hours for normal and overtime hours and for a minimum of four(4)hours for holiday hours and special call out. CITY Holiday Schedule: New Year's Day Martin Luther King Day President's Day Memorial Day Veterans Day Thanksgiving Day and Day After Independence Day Christmas Day Labor Day Cesar Chavez Day 7- 251 IRU-17.3-Schedule-B SAMPLE QUARTERLY INVOICE This sample IRU-17.3 Agreement Invoice provides a summary of the quarterly charges under this IRU-17.3 Agreement at the time of execution. Customer Facilities: 2450 Vernon Avenue and 2200 E. 55TH Street, Vernon, CA Approximate Length of Fiber Optic Strand: (12,720' or 2.41 Fiber strand miles) ITEM Description IRU Fees 1 Quarterly IRU-17.3 Base Charges 3,202.80 July 1, 2018 through September, 302018) 1,067.60/month x 3 months= $3,202.80) 2) Fiber strands x 2.41 strand miles x $180/mile =867.60 4) Fiber ports x$50/port =200.00 1,067.60 Note: The length of strand miles has been rounded to two decimal places in the above- stated figures, which explains any minor discrepancies in the calculation of the total quarterly fee. Total Quarterly IRU-17.3 Agreement Fees 3,202.80 Note: Transaction invoices reflect the services purchased from the CITY by the CUSTOMER and shall be the amount due the CITY upon CUSTOMER acceptance. This invoice reflects no federal, state, or local taxes. If applicable, taxes shall be added or invoiced separately. B- 1 252 IRU-17.3-Schedule-C DARK FIBER PRICING 1.0 FEES: 1.2 1.1 Monthly Dark Fiber Services Fees: CUSTOMER shall pay the CITY in quarterly installments for the use of the first two Fiber strands. The total quarterly charge for the City's services under this IRU-17.3 Agreement are $3,202.80. That amount is calculated on the basis of the following rounded costs: A. $ 180.00 per Fiber strand mile (2.41)per month(3) for the first two Fiber strands (2); plus B. $ 50.00 per Fiber port(4)per month (3). 2.0 Additional Services and Connection/Disconnection/Rearrangement Fees 2.1. General If the CUSTOMER requests the use of additional fiber strands, the CITY will charge CUSTOMER an additional $ 120.00 use fee per Fiber strand mile per month per each additional fiber. The Parties shall amend this Agreement in writing upon the CUSTOMER's request to add additional Fibers. 2.2 Building Service If the CUSTOMER requests the use of additional fiber strands or requests the deletion of the use of certain fibers, the CITY will charge CUSTOMER a one-time service connection (or deletion) fee for the initial establishment and cutover of a CUSTOMER'S point-to-point or distribution Cable System (ring or segment). The following one-time fees apply if the CUSTOMER requests the addition or deletion of building service to/from a CUSTOMER point-to-point or distribution Cable System and for all building service connections: A.Service Addition: Fiber Count Charge/Fiber Each 400 B.Service Deletion: Fiber Count Charge/Fiber Each 200 C-2 253 2.3 Major Requests by CUSTOMER For services such as adding a new ring, changing a segment into a primary path/protect path (ring), adding or changing a Demarcation Point, rearranging multiple service connections, and rearranging a ring(s), the CUSTOMER shall submit a request and service description to the CITY. The CITY shall return to the CUSTOMER a cost estimate for the necessary work and materials within 14 days of receipt of the service request. The CITY's charge to the CUSTOMER shall be based on time and materials in accordance with the rates set forth in IRU-17.3-Schedule-A plus a fifteen (15) percent overhead charge. The parties shall agree in writing before proceeding with such work. C-3 254 IRU-17.3-Schedule-D CUSTOMER SYSTEM SPECIFICATIONS 1.General The CITY shall install and maintain the Customer System within the CITY'S Cable System in accordance with the criteria and specifications stated herein. 2. Design Criteria The CITY will endeavor to keep the number of splices in a span to a minimum. 3. Optical Fiber Specifications The CITY will use commercially reasonable efforts to meet the Specifications as detailed below for all cable installed for the Term ofthis IRU-17.3 Agreement. If any of the following Specifications (optical, splice loss, and end to end attenuation test criteria) or any other Specifications set forth in this IRU-17.3 Agreement are not met following the notice and cure periods set forth in the Agreement, CUSTOMER shall have the remedies set forth in the Agreement, subject to all limitations on remedies and damages set forth in the Agreement. NOTHING SET FORTH HEREIN CONSTITUTES A REPRESENTATION OR WARRANTY OR GUARANTEE THAT THE CABLE SYSTEM OR CUSTOMER SYSTEM WILL MEET THE SPECIFICATIONS SET FORTH BELOW, and failure to meet the Specifications shall not be the basis for any claim by CUSTOMER for damages or other remedies, except for those remedies specifically provided for in the Agreement. 3.1 Single Mode Fiber: Parameter Specifications Units Maximum attenuation, 1310nm 0.5 dB/Km Maximum attenuation, 1550nm 0.4 dB/Km Cladding diameter 125 +/- 3 um Core diameter 8.3 urn Cutoff Wavelength 1250 +/- 100 nm Zero dispersion wavelength 1310 +/- 12 nm Maximum dispersion(1285-1330 nm) 3.5 ps/(nm-km) 3.2 Splice Loss Splice loss on CITY cables will average less than or equal to 0.15 dB for all splices the CITY makes under this IRU-17.3 Agreement. The 0.15 dB splice average will only apply to splices between cables of identical physical and optical properties D- 1 255 i.e., core and cladding dimensions, reflective index and optical loss characteristics). All splices shall be measured using bi-directional methods and averages. 3.3 End-to-End Attenuation Test Criteria The Customer System will be tested at both wavelengths specified for the installed cable type as specified below unless otherwise stated in this IRU-17.3 Agreement: Single Mode Fiber 1310 nm and 1550 nm The end-to-end attenuation test criteria will be based on the following formula: Maximum acceptable end-to-end attenuation= (A X Lx) + (0.15 X Nsp) + C Where: A=Max. attenuation at each wavelength as specified in Section 3 above Lx= Installed length of cable in kilometers (km) Nsp=Number of fiber splices in the cable system C = Connector/pigtail loss. The attenuation contribution of each pigtail with associated connector is considered to be 1.0 dB comprised of 0.85 dB connector loss and 0.15 dB splice loss (pigtail to OSP cable splice). Therefore, C = 1.0 dB if the span is connectorized on one end and 2.0 dB if connectorized on both ends. In the event that the fiber measured attenuation values change after the cable is installed and is degraded by 2db or greater than specified above, the CITY will perform corrective maintenance, pursuant to a request by the CUSTOMER, to ensure that the attenuation values conform to the Specifications set forth in this IRU-17.3-Schedule—D. Analog Video The CITY will not warrant CUSTOMER analog video transmission within the foregoing system parameters. D-2 256 IRU-17.3-Schedule-E MAP OF CUSTOMER SYSTEM CRL2 u s, W O© J CRL4 26 tmi 13 CRL 2 2450 VERNON AVE. CRL 4 2200 B. 55TH ST. LEGEND EXISTING 24-4B-96-2E1B STRAND SINGLE MODE FIBER OPTIC CABLE SPLICE ENCLOSURE NUMBER FIBER BACKBONE SPLICE ENCLOSURE POINTS CITY OWNED FACILITIES AERIAL TO UNDERGROUND TRANSITION CUSTOMER PREMISE TOWER II PUBLIC UTILITIES DEPARTMENT iiR: 'r•LOCATION: SYSTEM RU-17.3 FIBER STRANDS LEASED TO C.R. LAURENCE INT., INC.0 ISSUED FOR REVIEW 06/6/18 ARN CC NO. REVISION DATE APPV'D CHK BY E-S4T-264-0 257 IRU-17.3-Schedule-F PROJECT SCHEDULE Construction Start Date: Not Applicable (Existing system) Construction Completion Date: Not Applicable (Existing system) System Testing: Not Applicable (Existing system) Available for Customer System Use: System in Use 258 IRU-17.3-Schedule-G CITY'S CABLE SYSTEM MAP rtit o[3. gi, Z p". — y m nocmAx p ® p wm o A , m m e2a . A m _m 1i m O D 2 m m A .0-m- my m m Nz e Gom2m4#'.7 m O t m Omom 1240:" O2ADs ° Z Er m m 7Ow h C 2 O mLE a G CO n—' O Oz O ONNOOFlommEl . -El,__63----`-'0/ _.- :, 0. 02 0 p ,pl I A A nmr__ n ilm" O i ....,..'94-____® jr-,,) a Nc' O P e 77® Of ' ClioO—o a\ J o r4, ow W L) o r 0 O to I o 0 oy ofvp 25 ADDED S.F. 68 06/04 18 ARN AD CG VERNON PUBLIC UTILITES z5,-4.‘,---. " 24 REVISED 003 18 ARM ARM CG Loc noN: SYSTEM q 23 REVISED S.E. 65 LOCATION 1207 17 ARN ARN CG FIBER OPTIC SYSTEM 1•r 114*._• 22 ADDED S.E.67 81 17 ARN ARN JH7 VERNON BACKBONE j " 21 REVISED TO INCLUDE S.B.64 410 17 ARN ARN ART 1,4".:,44 20 REVISED TO INCLUDE S.E.63 3/1 17 , ARM ARN JIT OPTICAL NETWORK NO. REVISION DATE APPV'D CHK BY E-S4T-026-25 259 SHORT FORM IRU — 17.4 Indefeasible Right of Use Agreement 260 SHORT FORM IRU-17.4 Indefeasible Right of Use Agreement THIS SHORT FORM IRU-17.4 INDEFEASIBLE RIGHT OF USE AGREEMENT herein referred to as "IRU-17.4 Agreement") is made, entered into and executed in duplicate originals, either copy of which may be considered as the original hereof for all purposes, as of this 17 thday of July 2018 (the "Effective Date"), between the CITY OF VERNON (hereinafter referred to as the "CITY") having its offices at 4305 Santa Fe Avenue, Vernon, California 90058, and C. R. LAURENCE INTERNATIONAL INC. (hereinafter referred to as "CUSTOMER"), a California corporation with offices at 2503 Vernon Avenue, Vernon, California 90058, which are sometimes referred to individually as "Party" and collectively as "Parties." Upon execution, this IRU-17.4 Agreement shall become a part of the master agreement entitled Optical Fiber Use Agreement ("Agreement") dated July 17 , 2018. Each term used in this IRU-17.4 Agreement not defined herein shall have the meaning ascribed to such term in the Agreement. All of the terms and conditions of the Agreement shall apply to this IRU-17.4 Agreement, and govern and control each Party's rights and obligations hereunder. RECITALS WHEREAS, the CITY has constructed a fiber optic infrastructure within the jurisdictional boundaries of the CITY, known as the "Cable System," in the general route set forth in Exhibit G "Map of Cable System"; and WHEREAS, title to the Cable System is vested exclusively in the CITY; and WHEREAS, the CITY grants an indefeasible right of use to various commercial users in the City to use certain optical dark fiber strands and associated facilities in the Cable System for voice, data, and other video services; and WHEREAS, the CITY desires to grant to CUSTOMER an indefeasible right to use certain optical dark fiber strands and associated facilities for CUSTOMER's exclusive use; and WHEREAS, CUSTOMER desires to lease roughly 1.82 fiber strand miles of certain Cable System components between CUSTOMER's buildings located at 3810 Ross Street and 2200 E. 55TH Street (referred to individually as "Customer Facility" and collectively as "Customer Facilities"). THEREFORE, in consideration of the mutual agreements herein, the Parties agree as follows: 1.Recitals. The Parties to this IRU-17.4 Agreement agree and attest to the truth and accuracy ofthe recitals set forth above, which are hereby incorporated and made a part of this IRU-17.4 Agreement by this reference. 1- 261 2. Grant of Indefeasible Right of Use. The CITY hereby grants to CUSTOMER an Indefeasible Right of Use (IRU)of the following Cable System components: Fiber strand numbers 86 and 87 of the Cable System terminating in each Customer Facility and dedicated for CUSTOMER's exclusive use, as identified in IRU-17.4-Schedule—E. The above-described individual Cable System components collectively shall be the Customer System for this IRU-17.4 Agreement. The Customer System shall be inclusive of the above described Cable System components between and including the CITY'S sides of the originating and terminating Demarcation Points at the Customer Facilities. The Customer System does not include any conduit, fiber, premises, buildings, boxes, or other equipment or facilities on the CUSTOMER's side of the Demarcation Points. 3. Project Schedule. The CITY will construct and install any necessary Backbone Extensions or Service Drops as may be necessary to provide the Customer System for CUSTOMER'S use in accordance with the terms of the Agreement and this IRU-17.4 Agreement. The CITY shall use commercially reasonable efforts to comply with the project schedule that is attached hereto as IRU-17.4-Schedule-F or as otherwise determined by the Parties in writing; provided, however, that CITY's failure to comply with the project schedule shall not constitute a breach or default hereunder, and CITY SHALL HAVE NO LIABILITY TO CUSTOMER FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSS OF USE, LOSS OF PROFITS, OR OTHER CLAIMS IN THE EVENT THE CITY DOES NOT COMPLY WITH THE DATES SET FORTH IN THE PROJECT SCHEDULE. As CUSTOMER's sole and exclusive remedy in the event of CITY's failure to comply with the project schedule, CUSTOMER may deliver written notice of intent to terminate to CITY within five (5) days following the CITY's failure to meet the Construction End Date, as set forth in Schedule-F or as otherwise determined by the Parties in writing. If the CITY fails to complete construction within 10 days following receipt of CUSTOMER's notice, CUSTOMER shall have the right to terminate this IRU-17.4 Agreement; provided, however, that to the extent that the failure to comply with the project schedule is directly or indirectly affected by acts or omissions of CUSTOMER, its employees, agents, or representatives (collectively, a "CUSTOMER Delay"), the project schedule shall be extended on a day for day basis for each day of delay wholly or partially caused by CUSTOMER Delay. 3. Commencement and Length of Term. CUSTOMER'S Indefeasible Right of Use in each component of the Customer System shall commence on the date that CUSTOMER accepts or is deemed to have accepted, in accordance with Section 27 of the Agreement, the portion of the Cable System covered by this IRU-17.4 Agreement as meeting the specifications set forth in the attached IRU-17.4- Schedule-D, determined in accordance with the acceptance testing plan as described in Section 27 of the Agreement (the "Commencement Date"). The 2- 262 length of the Term for this IRU-17.4 shall be three years from the Commencement Date. 4. Obligations of the CITY. The CITY shall provide the following items for the Customer System: 4.1 A Demarcation Point at each CUSTOMER access location; 4.2 Optical fiber cable extension segments from splice enclosure in the public right-of-way to the Demarcation Point in the Customer Facilities, essentially the construction of a Service Drop; and 4.3 Where applicable, place one inner-duct, which will house fiber optic cable extension segments, inside the CUSTOMER furnished conduit, from the conduit entry to the Demarcation Point. 5.Obligations of the CUSTOMER. CUSTOMER, at its sole cost, and in a manner acceptable to CITY, shall provide the following items for the Customer System: 5.1 Provide the CITY access to a suitable conduit system leading to the Demarcation Point inside the Customer Facilities; 5.2 Provide the CITY access to the demarcation room for placement of necessary demarcation accessories and for CITY's access to perform scheduled or emergency maintenance; 5.3 Bring its connecting optical fiber patch cords to the Demarcation Points; 5.4 Specify the type of optical connector needed at the demarcation termination point. The CITY shall install ultra SC type connector unless otherwise specified by the CUSTOMER; and 5.5 CUSTOMER shall be responsible for purchase, installation and maintenance of any and all electronic, optronic and other equipment, materials and facilities used by CUSTOMER on the CUSTOMER side of the Demarcation Points in connection with the operation of the Customer System, none of which is included in this IRU-17.4 Agreement. 6.Costs and Fees. An invoice setting forth a summary of the transactions under the IRU-17.4 Agreement is attached hereto as IRU-17.4-Schedule-B. The payments and charges shall be in accordance with Section 28 of the Agreement and as specifically identified in the following subparagraphs: 6.1 CUSTOMER shall pay a onetime construction and installation charge of Not Applicable. 3- 263 6.2 CUSTOMER shall pay quarterly IRU fee payments of$2,565.60 based on a monthly base rate of$855.20 with the first quarterly payment due to the CITY upon CUSTOMER execution of this IRU-17.4 Agreement. 6.3 If CUSTOMER requests additional connection or disconnection services in writing, CUSTOMER shall pay for each additional service the fees stated in Section 2.2 of IRU-17.4-Schedule—C. One-time CUSTOMER service charges also apply if the CUSTOMER requires installation of a new distribution ring or concentrator in an already established Cable System or Customer System distribution cable segment, rearrangement of existing service connections, or rearrangement of a ring or concentrator operation. 6.4 CUSTOMER shall be charged with any False Maintenance Calls on a time-and-materials basis at the standard CITY rates in effect at the time services are performed. The CITY'S rates in effect at the time of execution ofthis IRU-17.4 Agreement are set forth in IRU-17.4-Schedule- A hereto and are subject to increase at a rate not to exceed the cumulative increase in the Consumer Price Index (as defined below) since the last rate change. 6.5 During the Term, the CITY reserves the right, on an annual basis, to increase the recurring IRU fees at a rate not to exceed the Consumer Price Index, All Urban Consumers (CPI-U), published by the United States Department of Labor, Bureau of Labor Statistics (1982-84=100). The recurring fee may be increased at any time or after the yearly anniversary of the Effective Date of this IRU-17.4 Agreement by the cumulative increase, if any, in the CPI-U for the Los Angeles-Riverside-Orange County, CA area for the preceding twelve (12) month period. In the event such index shall cease to be computed or published, CITY may, in its reasonable discretion, designate a successor index to be used in determining any increase to the recurring fee. 7.Credit Allowance. For any Total Service Interruptions, the CITY will grant CUSTOMER a "Credit Allowance" to be credited against the CUSTOMER's monthly charges. Credit Allowances will be calculated in one (1) hour increments, with partial hours rounded up to a full hour. Each hour of Total Service Interruption is valued at 1.19 (equal to the monthly charge, $855.20, divided by the total number of hours in an average month, 720). A"Total Service Interruption"will be deemed to have occurred only if: 7.1 Service becomes unusable to CUSTOMER as a result of the failure of CITY equipment, facilities, or personnel used to provide the service; and 7.2 The interruption is not wholly or partially the result of: 4- 264 7.2.1 The acts or omissions of CUSTOMER or its agents, employees, suppliers or contractors; 7.2.2 The failure or malfunction of non-CITY equipment, facilities, or system; 7.2.3 Any circumstances or causes beyond the control of the CITY; or 7.2.4 Scheduled maintenance or alteration, or the completion of such maintenance or alteration beyond normal time requirements. 7.3 All of the Credit Allowances will accumulate during a calendar year and be credited against the CUSTOMER's invoice for the first quarter of the next calendar year; provided, however, that Credit Allowances will be paid in cash if any are outstanding at the end of the Term. 8.This IRU-17.4 Agreement, including all Schedules and Exhibits which are attached hereto, are hereby incorporated into the Agreement, dated as Exhibit "A" to the Agreement. The Agreement, this IRU-17.4 Agreement, and all Schedules and Exhibits hereto, constitute the entire agreement between the Parties with respect to the subject matter hereof. 9. This IRU-17.4 Agreement cannot be modified except by written instrument signed by both Parties. Signatures begin on the next page] 5- 265 IN WITNESS WHEREOF the Parties have executed and delivered this IRU-17.4 Agreement effective the day and year first above written: CITY OF VERNON By: V ,L . Yvette Woodruff-Per: Mayor ATTEST: at-l'' Maria . Ayala, City C1er APPROVED AS TO FORM: CDAfr r‘)bilemniNictx Brian Byun, CUSTOMER if Senior Deputy City Attorney OP By: A-i-1.- 7PrintName: fe("S"' Title:C7 : b By: Print Name: <614 £ frg/Ce Title: C E 0 6- 266 IRU-17.4-Schedule-A MAINTENANCE AND REPAIR RATES Charges for Time and Material Service Where applicable, the CITY shall perform maintenance or installation service at the rates established below. Unless specifically authorized by the CUSTOMER in writing, no scheduled maintenance will be performed outside of normal working hours. Normal Working Hours Hourly Rate 7:00 a.m. to 3:30 p.m., 85.00 Monday through Friday (except for CITY observed holidays) Overtime Hours Hourly Rate 6:00 a.m. to 7:00 a.m., and 105.00 3:30 p.m. to 12:00 midnight, Monday through Friday (except for CITY observed holidays) Holiday Hours and Special Call Out Hourly Rate Any time during a CITY observed holiday 130.00 or any time during Saturday or Sunday, or any time between the hours of 12:00 Midnight and 6:00 a.m., Monday through Friday Charges will be made for travel time to the location where maintenance is to be performed. Charges will also be made for travel time from the said location (a) in the event that maintenance carries over after 3:30 p.m., or (b) for any maintenance performed during holiday hours of special call out. Charges will be for a minimum of two (2) hours for normal and overtime hours and for a minimum of four (4) hours for holiday hours and special call out. CITY Holiday Schedule: New Year's Day Martin Luther King Day President's Day Memorial Day Veterans Day Thanksgiving Day and Day After Independence Day Christmas Day Labor Day Cesar Chavez Day 7- 267 IRU-17.4-Schedule-B SAMPLE QUARTERLY INVOICE This sample IRU-17.4 Agreement Invoice provides a summary of the quarterly charges under this IRU-17.4 Agreement at the time of execution. Customer Facilities: 3810 Ross Street and 2200 E. 55TH Street, Vernon, CA Approximate Length of Fiber Optic Strand: (9,615'or 1.82 Fiber strand miles) ITEM Description IRU Fees 1 Quarterly IRU-17.4 Base Charges 2,565.60 July 1, 2018 through September 30, 2018) 855.20/month x 3 months = $2,565.60) 2) Fiber strands x 1.82 strand miles x$180/mile =655.20 4) Fiber ports x$50/port =200.00 855.20 Note: The length of strand miles has been rounded to two decimal places in the above- stated figures, which explains any minor discrepancies in the calculation of the total quarterly fee. Total Quarterly IRU-17.4 Agreement Fees 2,565.60 Note: Transaction invoices reflect the services purchased from the CITY by the CUSTOMER and shall be the amount due the CITY upon CUSTOMER acceptance. This invoice reflects no federal, state, or local taxes. If applicable, taxes shall be added or invoiced separately. B- 1 268 IRU-17.4-Schedule-C DARK FIBER PRICING 1.0 FEES: 1.2 1.1 Monthly Dark Fiber Services Fees: CUSTOMER shall pay the CITY in quarterly installments for the use ofthe first two Fiber strands. The total quarterly charge for the City's services under this IRU-17.4 Agreement is $2,565.60. That amount is calculated on the basis of the following rounded costs: A. $ 180.00 per Fiber strand mile(1.82)per month(3) for the first two Fiber strands(2);plus B. $ 50.00 per Fiber port(4)per month(3). 2.0 Additional Services and Connection/Disconnection/Rearrangement Fees 2.1. General Ifthe CUSTOMER requests the use of additional fiber strands,the CITY will charge CUSTOMER an additional $ 120.00 use fee per Fiber strand mile per month per each additional fiber. The Parties shall amend this Agreement in writing upon the CUSTOMER's request to add additional Fibers. 2.2 Building Service If the CUSTOMER requests the use of additional fiber strands or requests the deletion of the use of certain fibers, the CITY will charge CUSTOMER a one-time service connection (or deletion) fee for the initial establishment and cutover of a CUSTOMER'S point-to-point or distribution Cable System (ring or segment). The following one-time fees apply if the CUSTOMER requests the addition or deletion of building service to/from a CUSTOMER point-to-point or distribution Cable System and for all building service connections: A.Service Addition: Fiber Count Charge/Fiber Each 400 B.Service Deletion: Fiber Count Charge/Fiber Each 200 C-2 269 2.3 Major Requests by CUSTOMER For services such as adding a new ring, changing a segment into a primary path/protect path (ring), adding or changing a Demarcation Point, rearranging multiple service connections, and rearranging a ring(s), the CUSTOMER shall submit a request and service description to the CITY. The CITY shall return to the CUSTOMER a cost estimate for the necessary work and materials within 14 days of receipt of the service request. The CITY's charge to the CUSTOMER shall be based on time and materials in accordance with the rates set forth in IRU-17.4-Schedule-A plus a fifteen (15) percent overhead charge. The parties shall agree in writing before proceeding with such work. C-3 270 IRU-17.4-Schedule-D CUSTOMER SYSTEM SPECIFICATIONS 1.General The CITY shall install and maintain the Customer System within the CITY's Cable System in accordance with the criteria and specifications stated herein. 2. Design Criteria The CITY will endeavor to keep the number of splices in a span to a minimum. 3. Optical Fiber Specifications The CITY will use commercially reasonable efforts to meet the Specifications as detailed below for all cable installed for the Term of this IRU-17.4 Agreement. If any of the following Specifications (optical, splice loss, and end to end attenuation test criteria) or any other Specifications set forth in this IRU-17.4 Agreement are not met following the notice and cure periods set forth in the Agreement, CUSTOMER shall have the remedies set forth in the Agreement, subject to all limitations on remedies and damages set forth in the Agreement. NOTHING SET FORTH HEREIN CONSTITUTES A REPRESENTATION OR WARRANTY OR GUARANTEE THAT THE CABLE SYSTEM OR CUSTOMER SYSTEM WILL MEET THE SPECIFICATIONS SET FORTH BELOW, and failure to meet the Specifications shall not be the basis for any claim by CUSTOMER for damages or other remedies, except for those remedies specifically provided for in the Agreement. 3.1 Single Mode Fiber: Parameter Specifications Units Maximum attenuation, 1310nm 0.5 dB/Km Maximum attenuation, 1550nm 0.4 dB/Km Cladding diameter 125 +/- 3 urn Core diameter 8.3 urn Cutoff Wavelength 1250+/- 100 nm Zero dispersion wavelength 1310+/- 12 nm Maximum dispersion(1285-1330 nm) 3.5 ps/(nm-km) 3.2 Splice Loss Splice loss on CITY cables will average less than or equal to 0.15 dB for all splices the CITY makes under this IRU-17.4 Agreement. The 0.15 dB splice average will only apply to splices between cables ofidentical physical and optical properties D- 1 271 i.e., core and cladding dimensions, reflective index and optical loss characteristics). All splices shall be measured using bi-directional methods and averages. 3.3 End-to-End Attenuation Test Criteria The Customer System will be tested at both wavelengths specified for the installed cable type as specified below unless otherwise stated in this IRU-17.4 Agreement: Single Mode Fiber 1310 nm and 1550 nm The end-to-end attenuation test criteria will be based on the following formula: Maximum acceptable end-to-end attenuation=(A X Lx) + (0.15 X Nsp) + C Where: A=Max. attenuation at each wavelength as specified in Section 3 above Lx = Installed length of cable in kilometers (km) Nsp=Number of fiber splices in the cable system C = Connector/pigtail loss. The attenuation contribution of each pigtail with associated connector is considered to be 1.0 dB comprised of 0.85 dB connector loss and 0.15 dB splice loss (pigtail to OSP cable splice). Therefore, C = 1.0 dB if the span is connectorized on one end and 2.0 dB if connectorized on both ends. In the event that the fiber measured attenuation values change after the cable is installed and is degraded by 2db or greater than specified above, the CITY will perform corrective maintenance, pursuant to a request by the CUSTOMER, to ensure that the attenuation values conform to the Specifications set forth in this IRU-17.4-Schedule—D. Analog Video The CITY will not warrant CUSTOMER analog video transmission within the foregoing system parameters. D-2 272 1 I IRU-17.4-Schedule-E MAP OF CUSTOMER SYSTEM rIN ID•®Q Q z 0 Vrr."I OOn0O c Xii4 0 11: THO v r Z S yC a vto > ZONZ ; 2 C ilg z NNin g 288-SM El CRL3 la g 29 zv IV 0 O til 1 cn cn9 ,-3 zx rn I 0M w C) co 0 27 MI A A O A W N W N ID C/1 O O O 3 19 A 0NN N in IIIU CRL4[c I 1 L A 288-SN nx 0 c1 1I VERNON PUBLIC UTILITIES r, LOCATION: FIBER OPTION SYSTEMh7'44 rc,_,_• • IRU-17.4 FIBER STRANDS LEASED TO 0r ,-1'".. ISSUED FOR REVIEW 06/0618 ARN CO C.RLAURENCE INT., INC.R4Ir,•r/' ISSUED FOR REVIEW 02/08/11 ARN GAR 7';.7 ,r1' NO. REVISION DATE APPV'D CHK BY E-S4T-118-1 273 IRU-17.4-Schedule-F PROJECT SCHEDULE Construction Start Date: Not Applicable (Existing system) Construction Completion Date: Not Applicable (Existing system) System Testing: Not Applicable(Existing system) Available for Customer System Use: System in Use 274 IRU-17.4-Schedule-G CITY'S CABLE SYSTEM MAP rm GV z 68 — o c n IA n r c O°4 " -. a 8T ' m ' a a Oc• " O ni f Z c a a! © ---FFA-- O N O m n a 1 m _ O 0monIzmrnNo n c mzAIm c v w z n n 8 s 0' e A a aza o 0 111 Le I IS n p m 8_ N fa' c Cli mi r--®, 0 n I u z Ir, ® O L q X Czi O P Q iI o © O y O e o Q Tb 4=... m O r.r. rn 6' O I N 7 V CI o e O r w 25 ADD®SI 68 06 04 18 ARN JD CC_ VERNON PUBLIC UTILITES v' 4 i5 ` 24 05 03 18 ARM ARN CG LOCATION: SYSTEM CO ,:_ 23 REVISED S.B.65 LOCATION 12m17 ARM ARN CG FIBER OPTIC SYSTEM fiw-,,,,..2:44.,,,,.,' r•.,i,._•; 17 ARN ARN J87 VERNON BACKBONE t,.., k 20' REVISED TO 1NCLIIDB S.B.83 4/ 1 10 17 A7 ERN AERN J OPTICAL NETWORK 0'.' NO. REVISION DATE APPVD CHK BY E $4T 026-25 275 SHORT FORM IRU — 17.5 Indefeasible Right of Use Agreement 276 SHORT FORM IRU-17.5 Indefeasible Right of Use Agreement THIS SHORT FORM IRU-17.5 INDEFEASIBLE RIGHT OF USE AGREEMENT herein referred to as "IRU-17.5 Agreement") is made, entered into and executed in duplicate originals, either copy of which may be considered as the original hereof for all purposes, as of this 17th day of _7„ly 2018 (the "Effective Date"), between the CITY OF VERNON (hereinafter referred to as the "CITY") having its offices at 4305 Santa Fe Avenue, Vernon, California 90058, and C. R. LAURENCE INTERNATIONAL INC. (hereinafter referred to as "CUSTOMER"), a California corporation with offices at 2503 Vernon Avenue, Vernon, California 90058, which are sometimes referred to individually as "Party" and collectively as "Parties." Upon execution, this IRU-17.5 Agreement shall become a part of the master agreement entitled Optical Fiber Use Agreement ("Agreement") dated Jul y 1 7 —, 2018. Each term used in this IRU-17.5 Agreement not defined herein shall have the meaning ascribed to such term in the Agreement. All of the terms and conditions of the Agreement shall apply to this IRU-17.5 Agreement, and govern and control each Party's rights and obligations hereunder. RECITALS WHEREAS, the CITY has constructed a fiber optic infrastructure within the jurisdictional boundaries of the CITY, known as the "Cable System," in the general route set forth in Exhibit G "Map of Cable System"; and WHEREAS,title to the Cable System is vested exclusively in the CITY; and WHEREAS, the CITY grants an indefeasible right of use to various commercial users in the City to use certain optical dark fiber strands and associated facilities in the Cable System for voice, data, and other video services; and WHEREAS, the CITY desires to grant to CUSTOMER an indefeasible right to use certain optical dark fiber strands and associated facilities for CUSTOMER's exclusive use; and WHEREAS, CUSTOMER desires to lease roughly 0.5 fiber strand miles of certain Cable System components between CUSTOMER's buildings located at 2503 Vernon Avenue and 2716 Vernon Avenue (referred to individually as "Customer Facility" and collectively as "Customer Facilities"). THEREFORE, in consideration of the mutual agreements herein, the Parties agree as follows: 1.Recitals. The Parties to this IRU-17.5 Agreement agree and attest to the truth and accuracy of the recitals set forth above, which are hereby incorporated and made a part of this IRU-17.5 Agreement by this reference. 1- 277 2.Grant of Indefeasible Right of Use. The CITY hereby grants to CUSTOMER an Indefeasible Right of Use(IRU)of the following Cable System components: Fiber strand numbers 93 and 94 of the Cable System terminating in each Customer Facility and dedicated for CUSTOMER's exclusive use, as identified in IRU-17.5-Schedule—E. The above-described individual Cable System components collectively shall be the Customer System for this IRU-17.5 Agreement. The Customer System shall be inclusive of the above described Cable System components between and including the CITY'S sides of the originating and terminating Demarcation Points at the Customer Facilities. The Customer System does not include any conduit, fiber, premises, buildings, boxes, or other equipment or facilities on the CUSTOMER's side of the Demarcation Points. 3. Project Schedule. The CITY will construct and install any necessary Backbone Extensions or Service Drops as may be necessary to provide the Customer System for CUSTOMER'S use in accordance with the terms of the Agreement and this IRU-17.5 Agreement. The CITY shall use commercially reasonable efforts to comply with the project schedule that is attached hereto as IRU-17.5-Schedule-F or as otherwise determined by the Parties in writing; provided, however, that CITY's failure to comply with the project schedule shall not constitute a breach or default hereunder, and CITY SHALL HAVE NO LIABILITY TO CUSTOMER FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSS OF USE, LOSS OF PROFITS, OR OTHER CLAIMS IN THE EVENT THE CITY DOES NOT COMPLY WITH THE DATES SET FORTH IN THE PROJECT SCHEDULE. As CUSTOMER's sole and exclusive remedy in the event of CITY's failure to comply with the project schedule, CUSTOMER may deliver written notice of intent to terminate to CITY within five (5) days following the CITY's failure to meet the Construction End Date, as set forth in Schedule-F or as otherwise determined by the Parties in writing. If the CITY fails to complete construction within 10 days following receipt of CUSTOMER's notice, CUSTOMER shall have the right to terminate this IRU-17.5 Agreement; provided, however, that to the extent that the failure to comply with the project schedule is directly or indirectly affected by acts or omissions of CUSTOMER, its employees, agents, or representatives (collectively, a "CUSTOMER Delay"), the project schedule shall be extended on a day for day basis for each day of delay wholly or partially caused by CUSTOMER Delay. 3. Commencement and Length of Term. CUSTOMER'S Indefeasible Right of Use in each component of the Customer System shall commence on the date that CUSTOMER accepts or is deemed to have accepted, in accordance with Section 27 of the Agreement, the portion of the Cable System covered by this IRU-17.5 Agreement as meeting the specifications set forth in the attached IRU-17.5- Schedule-D, determined in accordance with the acceptance testing plan as described in Section 27 of the Agreement (the "Commencement Date"). The 2- 278 length of the Term for this IRU-17.5 shall be five years from the Commencement Date. 4. Obligations of the CITY. The CITY shall provide the following items for the Customer System: 4.1 A Demarcation Point at each CUSTOMER access location; 4.2 Optical fiber cable extension segments from splice enclosure in the public right-of-way to the Demarcation Point in the Customer Facilities, essentially the construction of a Service Drop; and 4.3 Where applicable, place one inner-duct, which will house fiber optic cable extension segments, inside the CUSTOMER furnished conduit, from the conduit entry to the Demarcation Point. 5.Obligations of the CUSTOMER. CUSTOMER, at its sole cost, and in a manner acceptable to CITY, shall provide the following items for the Customer System: 5.1 Provide the CITY access to a suitable conduit system leading to the Demarcation Point inside the Customer Facilities; 5.2 Provide the CITY access to the demarcation room for placement of necessary demarcation accessories and for CITY's access to perform scheduled or emergency maintenance; 5.3 Bring its connecting optical fiber patch cords to the Demarcation Points; 5.4 Specify the type of optical connector needed at the demarcation termination point. The CITY shall install ultraSC type connector unless otherwise specified by the CUSTOMER; and 5.5 CUSTOMER shall be responsible for purchase, installation and maintenance of any and all electronic, optronic and other equipment, materials and facilities used by CUSTOMER on the CUSTOMER side of the Demarcation Points in connection with the operation of the Customer System, none of which is included in this IRU-17.5 Agreement. 6.Costs and Fees. An invoice setting forth a summary of the transactions under the IRU-17.5 Agreement is attached hereto as IRU-17.5-Schedule-B. The payments and charges shall be in accordance with Section 28 of the Agreement and as specifically identified in the following subparagraphs: 6.1 CUSTOMER shall pay a one-time construction and installation charge of 2,500.00. 3- 279 6.2 CUSTOMER shall pay quarterly IRU fee payments of$1,140.00 based on a monthly base rate of$380.00 with the first quarterly payment due to the CITY upon CUSTOMER execution of this IRU-17.5 Agreement. 6.3 If CUSTOMER requests additional connection or disconnection services in writing, CUSTOMER shall pay for each additional service the fees stated in Section 2.2 of IRU-17.5-Schedule—C. One-time CUSTOMER service charges also apply if the CUSTOMER requires installation of a new distribution ring or concentrator in an already established Cable System or Customer System distribution cable segment, rearrangement of existing service connections, or rearrangement of a ring or concentrator operation. 6.4 CUSTOMER shall be charged with any False Maintenance Calls on a time-and-materials basis at the standard CITY rates in effect at the time services are performed. The CITY'S rates in effect at the time of execution of this IRU-17.5 Agreement are set forth in IRU-17.5-Schedule- A hereto and are subject to increase at a rate not to exceed the cumulative increase in the Consumer Price Index (as defined below) since the last rate change. 6.5 During the Term, the CITY reserves the right, on an annual basis, to increase the recurring IRU fees at a rate not to exceed the Consumer Price Index, All Urban Consumers (CPI-U), published by the United States Department of Labor, Bureau of Labor Statistics (1982-84=100). The recurring fee may be increased at any time or after the yearly anniversary of the Effective Date of this IRU-17.5 Agreement by the cumulative increase, if any, in the CPI-U for the Los Angeles-Riverside-Orange County, CA area for the preceding twelve (12) month period. In the event such index shall cease to be computed or published, CITY may, in its reasonable discretion, designate a successor index to be used in determining any increase to the recurring fee. 7.Credit Allowance. For any Total Service Interruptions, the CITY will grant CUSTOMER a "Credit Allowance" to be credited against the CUSTOMER's monthly charges. Credit Allowances will be calculated in one (1) hour increments, with partial hours rounded up to a full hour. Each hour of Total Service Interruption is valued at 0.53 (equal to the monthly charge, $380.00, divided by the total number of hours in an average month, 720). A"Total Service Interruption"will be deemed to have occurred only if: 7.1 Service becomes unusable to CUSTOMER as a result of the failure of CITY equipment, facilities, or personnel used to provide the service; and 7.2 The interruption is not wholly or partially the result of: 4- 280 7.2.1 The acts or omissions of CUSTOMER or its agents, employees, suppliers or contractors; 7.2.2 The failure or malfunction of non-CITY equipment, facilities, or system; 7.2.3 Any circumstances or causes beyond the control of the CITY; or 7.2.4 Scheduled maintenance or alteration, or the completion of such maintenance or alteration beyond normal time requirements. 7.3 All of the Credit Allowances will accumulate during a calendar year and be credited against the CUSTOMER's invoice for the first quarter of the next calendar year; provided, however, that Credit Allowances will be paid in cash if any are outstanding at the end of the Term. 8.This IRU-17.5 Agreement, including all Schedules and Exhibits which are attached hereto, are hereby incorporated into the Agreement, dated as Exhibit "A" to the Agreement. The Agreement, this IRU-17.5 Agreement, and all Schedules and Exhibits hereto, constitute the entire agreement between the Parties with respect to the subject matter hereof 9.This IRU-17.5 Agreement cannot be modified except by written instrument signed by both Parties. Signatures begin on the next page] 5- 281 IN WITNESS WHEREOF the Parties have executed and delivered this IRU-17.5 Agreement effective the day and year first above written: CITY OF VERNON I By: . A, It Y -tte oodruff-`ere Mayor ATTEST: lAi 4 C: e•—ir Maria E Ayala, City Cle APPROVED AS TO FORM: 62 C 420, 7)--, Brian Byun, CUSTOMER Senior Deputy City Attorney By: Print Name: A-r„,/,-* Title: C i4: . v By: •,--;---,, 9- Print Name: 6-mald E•FArq Title: E- 0• 6- 282 IRU-17.5-Schedule-A MAINTENANCE AND REPAIR RATES Charges for Time and Material Service Where applicable, the CITY shall perform maintenance or installation service at the rates established below. Unless specifically authorized by the CUSTOMER in writing, no scheduled maintenance will be performed outside of normal working hours. Normal Working Hours Hourly Rate 7:00 a.m. to 3:30 p.m., 85.00 Monday through Friday (except for CITY observed holidays) Overtime Hours Hourly Rate 6:00 a.m. to 7:00 a.m., and 105.00 3:30 p.m. to 12:00 midnight, Monday through Friday (except for CITY observed holidays) Holiday Hours and Special Call Out Hourly Rate Any time during a CITY observed holiday 130.00 or any time during Saturday or Sunday, or any time between the hours of 12:00 Midnight and 6:00 a.m., Monday through Friday Charges will be made for travel time to the location where maintenance is to be performed. Charges will also be made for travel time from the said location (a) in the event that maintenance carries over after 3:30 p.m., or (b) for any maintenance performed during holiday hours of special call out. Charges will be for a minimum of two (2) hours for normal and overtime hours and for a minimum of four(4) hours for holiday hours and special call out. CITY Holiday Schedule: New Year's Day Martin Luther King Day President's Day Memorial Day Veterans Day Thanksgiving Day and Day After Independence Day Christmas Day Labor Day Cesar Chavez Day 7- 283 IRU-17.5-Schedule-B SAMPLE QUARTERLY INVOICE This sample IRU-17.5 Agreement Invoice provides a summary of the quarterly charges under this IRU-17.5 Agreement at the time of execution. Customer Facilities: 2503 Vernon Avenue and 2706 Vernon Avenue, Vernon, CA Approximate Length of Fiber Optic Strand: (1,815'or 0.34 Fiber strand miles) ITEM Description IRU Fees 1 Quarterly IRU-17.5 Base Charges 1,140.00 July 1, 2018 through September 30, 2018) 380.00/month x 3 months= $1,140.00) 2) Fiber strands x 0.5(minimum) strand miles x$180/mile =180.00 4) Fiber ports x$50/port =200.00 380.00 Note: The length of strand miles has been rounded to two decimal places in the above- stated figures, which explains any minor discrepancies in the calculation of the total quarterly fee. Total Quarterly IRU-17.5 Agreement Fees 1,140.00 Note: Transaction invoices reflect the services purchased from the CITY by the CUSTOMER and shall be the amount due the CITY upon CUSTOMER acceptance. This invoice reflects no federal, state, or local taxes. If applicable, taxes shall be added or invoiced separately. B- 1 284 IRU-17.5-Schedule-C DARK FIBER PRICING 1.0 FEES: 1.2 1.1 Monthly Dark Fiber Services Fees: CUSTOMER shall pay the CITY in quarterly installments for the use ofthe first two Fiber strands. The total quarterly charge for the City's services under this IRU-17.5 Agreement is $1,140.00. That amount is calculated on the basis of the following rounded costs: A. $ 180.00 per Fiber strand mile(0.5)per month(3)for the first two Fiber strands(2); plus B. $ 50.00 per Fiber port(4)per month(3). 2.0 Additional Services and Connection/Disconnection/Rearrangement Fees 2.1. General If the CUSTOMER requests the use of additional fiber strands,the CITY will charge CUSTOMER an additional $ 120.00 use fee per Fiber strand mile per month per each additional fiber. The Parties shall amend this Agreement in writing upon the CUSTOMER's request to add additional Fibers. 2.2 Building Service If the CUSTOMER requests the use of additional fiber strands or requests the deletion of the use of certain fibers, the CITY will charge CUSTOMER a one-time service connection (or deletion) fee for the initial establishment and cutover of a CUSTOMER'S point-to-point or distribution Cable System (ring or segment). The following one-time fees apply if the CUSTOMER requests the addition or deletion of building service to/from a CUSTOMER point-to-point or distribution Cable System and for all building service connections: A.Service Addition: Fiber Count Charge/Fiber Each 400 B.Service Deletion: Fiber Count Charge/Fiber Each 200 C-2 285 2.3 Major Requests by CUSTOMER For services such as adding a new ring, changing a segment into a primary path/protect path (ring), adding or changing a Demarcation Point, rearranging multiple service connections, and rearranging a ring(s), the CUSTOMER shall submit a request and service description to the CITY. The CITY shall return to the CUSTOMER a cost estimate for the necessary work and materials within 14 days of receipt of the service request. The CITY's charge to the CUSTOMER shall be based on time and materials in accordance with the rates set forth in IRU-17.5-Schedule-A plus a fifteen (15) percent overhead charge. The parties shall agree in writing before proceeding with such work. C-3 286 IRU-17.5-Schedule-D CUSTOMER SYSTEM SPECIFICATIONS 1.General The CITY shall install and maintain the Customer System within the CITY's Cable System in accordance with the criteria and specifications stated herein. 2. Design Criteria The CITY will endeavor to keep the number of splices in a span to a minimum. 3. Optical Fiber Specifications The CITY will use commercially reasonable efforts to meet the Specifications as detailed below for all cable installed for the Term of this IRU-17.5 Agreement. If any of the following Specifications (optical, splice loss, and end to end attenuation test criteria) or any other Specifications set forth in this IRU-17.5 Agreement are not met following the notice and cure periods set forth in the Agreement, CUSTOMER shall have the remedies set forth in the Agreement, subject to all limitations on remedies and damages set forth in the Agreement. NOTHING SET FORTH HEREIN CONSTITUTES A REPRESENTATION OR WARRANTY OR GUARANTEE THAT THE CABLE SYSTEM OR CUSTOMER SYSTEM WILL MEET THE SPECIFICATIONS SET FORTH BELOW, and failure to meet the Specifications shall not be the basis for any claim by CUSTOMER for damages or other remedies, except for those remedies specifically provided for in the Agreement. 3.1 Single Mode Fiber: Parameter Specifications Units Maximum attenuation, 1310nm 0.5 dB/Km Maximum attenuation, 1550nm 0.4 dB/Km Cladding diameter 125 +/- 3 um Core diameter 8.3 um Cutoff Wavelength 1250 +/- 100 nm Zero dispersion wavelength 1310 +/- 12 nm Maximum dispersion(1285-1330 nm) 3.5 ps/(nm-km) 3.2 Splice Loss Splice loss on CITY cables will average less than or equal to 0.15 dB for all splices the CITY makes under this IRU-17.5 Agreement. The 0.15 dB splice average will only apply to splices between cables of identical physical and optical properties D- 1 287 i.e., core and cladding dimensions, reflective index and optical loss characteristics). All splices shall be measured using bi-directional methods and averages. 3.3 End-to-End Attenuation Test Criteria The Customer System will be tested at both wavelengths specified for the installed cable type as specified below unless otherwise stated in this IRU-17.5 Agreement: Single Mode Fiber 1310 nm and 1550 nm The end-to-end attenuation test criteria will be based on the following formula: Maximum acceptable end-to-end attenuation= (A X Lx) + (0.15 X Nsp) + C Where: A=Max. attenuation at each wavelength as specified in Section 3 above Lx= Installed length of cable in kilometers (km) Nsp =Number of fiber splices in the cable system C = Connector/pigtail loss. The attenuation contribution of each pigtail with associated connector is considered to be 1.0 dB comprised of 0.85 dB connector loss and 0.15 dB splice loss (pigtail to OSP cable splice). Therefore, C = 1.0 dB if the span is connectorized on one end and 2.0 dB if connectorized on both ends. In the event that the fiber measured attenuation values change after the cable is installed and is degraded by 2db or greater than specified above, the CITY will perform corrective maintenance, pursuant to a request by the CUSTOMER, to ensure that the attenuation values conform to the Specifications set forth in this IRU-17.5-Schedule—D. Analog Video The CITY will not warrant CUSTOMER analog video transmission within the foregoing system parameters. D-2 288 EXHIBIT "B" TROUBLE-REPORTING PROCEDURE EXHIBIT "B" 289 EXHIBIT "B" TROUBLE-REPORTING PROCEDURE The CITY maintains its fiber optic network(Cable System) in accordance with industry standards. Should a problem or trouble with the service arise, please call 323- 826-1461 (24 hours)to report trouble. This is the number of the CITY'S Technical Control Center(TCC). The TCC will inform the maintenance and management group of all trouble calls. The acting Maintenance Supervisor will coordinate all restoration activity. The CUSTOMER can obtain the name and telephone number of the acting Maintenance Supervisor from the TCC at the time of trouble reporting. Upon clearance of the trouble, the TCC will notify the trouble-reporting location of clearance and reason for trouble. The CITY shall use commercially reasonable efforts to be on site and begin investigating and correcting the reported condition within four(4)hours of receipt of report of the trouble. The CITY shall use commercially reasonable efforts to provide the CUSTOMER a report of progress or lack thereof in restoring the system to operation, at four-hour intervals, and shall otherwise use commercially reasonable efforts to perform in accordance with the Customer System/Cable System Specifications of the Short Form IRU Agreement's Schedule-D. EXHIBIT "B" 290 STAFF REPORT 291 City Council Agenda Item Report Agenda Item No. COV-194-2018 Submitted by:Ali Nour Submitting Department:Public Utilities Meeting Date:July 17, 2018 SUBJECT A Resolution Approving and Authorizing the Execution OfAn Optical Fiber Use Agreement with C.R. Laurence International, Inc. for Use ofthe City's Fiber Optic Network Recommendation: A. Find that the adoption ofthe proposed resolution is exempt under the California Environmental Quality Act(CEQA) in accordance with CEQA Guidelines Section 15301(b)which exempts minor extensions ofutility services involving negligible or no expansion ofuse beyond that existing at the time ofthe lead agency's determination, and under Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment, because the proposed resolution will not require any construction, and the only physical change to the environment is stringing a few hundred feet offiber optic cabling(ofroughly'/2 inch in diameter) from existing utility poles onto private property; and B. Adopt a Resolution Approving and Authorizing the Execution of an Optical Fiber Use Agreement with C.R. Laurence International, Inc. for the Use of the City's Fiber Optic Network. Backgroud: The City of Vernon("City')owns and operates a fiber optic cabling system along the City's right ofway. The cabling system is primarily used for all City departments' infrastructure communication purposes . Currently the fiber optic cabling system has excess capacity. In 2002, the City started leasing unused fiber optic cabling system capacity to businesses with multiple locations within Vernon allowing them to communicate between their facilities. CR Laurence International, Inc. ("CR Laurence") has requested to enter into a new five-year lease agreement to interconnect its computer networks and telephone systems across all oftheir six buildings in Vernon. Staffrecommends the approval of a five-year term Optical Fiber Use Agreement with CR Laurence with the adoption ofthe attached resolution. The terms, costs and fees, obligations and system specifications are comparable to past agreements made with other businesses in the City, such as Clougherty Packing,US Growers, Millennium Products, Rose & Shore, Randall Foods and Papa Cantella's Inc. The resolution and agreement have been reviewed and approved as to form by the City Attorney's office. Fiscal Impact: As proposed, the customer would be responsible for the full cost to connect to the City's fiber optic cabling system network. The breakdown ofthe cost is calculated based on the City's investment in the fiber backbone infrastructure. The cost includes the amount ofsystem depreciation, the annual system maintenance cost, related administrative expenses, the distance between points ofconnections, the number of fiber cable strands, and the term of the contract. The customer will pay an annual charge of$45,678.80 for the next five years. 292 ATTACHMENTS 1. Resolution- Optical Fiber Use Agreement with C.R Laurence International, Inc. 293 RESOLUTION NO . 2018-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF OPTICAL FIBER USE AGREEMENT AND SHORT FORM IRU- 17 . 1, IRU-17 . 2, IRU-17 . 3, IRU-17 .4, IRU-17 . 5 AND IRU-17 .6 INDEFEASIBLE RIGHT OF USE AGREEMENTS BY AND BETWEEN THE CITY OF VERNON AND C.R. LAURENCE INTERNATIONAL, INC. FOR THE USE OF THE CITY' S FIBER OPTIC NETWORK WHEREAS, the City of Vernon ( "City" ) has installed a fiber- optic cable network in the City and has studied the feasibility of providing excess unactivated or "dark fibers" to businesses in the City to enable such businesses to have access to voice, data and/or video services; and WHEREAS, the City has developed a program to provide businesses with building-to-building fiber-optic connections; and WHEREAS, on September 3 , 2003 , the City Council of the City of Vernon adopted Resolution No. 8279 approving and authorizing the execution of an Agreement No. 01 Optical Fiber Use Agreement Agreement No. 1" ) and Short Form Indefeasible Right of Use IRU" )Agreement No. 01. 1 with C.R. Laurence International, Inc. ("C.R. Laurence" ) ; and WHEREAS, on May 10, 2010, the City Council of the City of Vernon adopted Resolution No. 2010-55 approving and authorizing the execution of an Optical Fiber Use Agreement ("Agreement No. 7" ) and Short Form IRU-07 . 1 and IRU-07 . 2 Agreements with C.R. Laurence; and WHEREAS, on April 5, 2011, the City Council of the City of Vernon adopted Resolution No. 2011-44 approving and authorizing the execution of Short Form IRU-07 . 3 and IRU-07 .4 Agreements with C.R. Laurence; and 294 WHEREAS, the existing expired Agreement No. 7 is now on a month to month basis; and WHEREAS, C.R. Laurence has requested a new master agreement and two new Short Form IRU Agreements covering two new buildings in addition to the four existing Short Form IRU Agreements; and WHEREAS, the City and C.R. Laurence have negotiated a new Optical Fiber Use Agreement to establish the terms and conditions by which the City will provide C.R. Laurence with the use of fiber optic strands ( "Optical Fiber Use Agreement" ) and the Short Form IRU-17 . 5 and IRU-17 .6 Agreements to allow C.R. Laurence the specific use of 0 . 4 and 0 . 60 fiber strand miles of certain Cable System components between C.R. Laurence buildings located at 2503 Vernon Avenue and 2651 45th Street Short Form IRU-17 . 5 Agreement" ) and between C.R. Laurence buildings located at 2503 Vernon Avenue and 2717 Vernon Avenue ( "Short Form IRU- 17 . 6 Agreement" ) ; and WHEREAS, the City and C.R. Laurence have agreed to include the four existing buildings' IRU agreements with the new Optical Fiber Use Agreement, by which the City will continue to provide C.R. Laurence with the Short Form IRU-07 . 1, IRU-07 . 2, IRU-07 . 3 and IRU-07 .4 agreements; and WHEREAS, by memo dated July 17, 2018 , the General Manager of Public Utilities has recommended that the City Council approve the Optical Fiber Use Agreement and the Short Form IRU-17 . 1, IRU-17 . 2, IRU-17 . 3 , IRU-17 .4 , IRU-17 . 5 and IRU-17 . 6 Agreements . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1 : The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. 2 -295 SECTION 2 : The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA) , in accordance with CEQA Guidelines Section 15301 (b) which exempts minor extensions of utility services involving negligible or no expansion of use beyond that existing at the time of the lead agency' s determination, and under Section 15061 (b) (3) , the general rule that CEQA only applies to projects that may have an effect on the environment, because the proposed resolution will not require any construction, and the only physical change to the environment is stringing a few hundred feet of fiber optic cabling (of roughly half an inch in diameter) from existing utility poles onto private property. SECTION 3 : The City Council of the City of Vernon hereby approves the Optical Fiber Use Agreement and the Short Form IRU-07 . 1, IRU-07 . 2 , IRU-17 . 3, IRU-17 . 4, IRU-17 . 5 and IRU-17 . 6 Agreements, collectively referred to herein as the "Agreements" ) with C.R. Laurence International, Inc . , in substantially the same form as the copies of which are attached hereto as Exhibit A. SECTION 4 : The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute said Agreements for, and on behalf of, the City of Vernon and the City Clerk, is hereby authorized to attest thereto. SECTION 5 : The City Council of the City of Vernon hereby authorizes the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this resolution and the transactions herein approved or authorized, including but not limited to, any non-substantive changes to the Agreements attached herein. SECTION 6 : The City Council of the City of Vernon hereby 3 -296 hereby directs the City Clerk, or the City Clerk' s designee, to send one of each of the fully executed Agreements to: C.R. Laurence International, Inc. Attn. David Ellerbe, Senior VP Technology 2503 Vernon Avenue Vernon, CA 90058 SECTION 7 : The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk' s certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 17th day of July, 2018 . I 'r lej Name:Yvette Woodruff-Perez Title: Mayor / ATTEST f( Maria E. Ayala, City Clerk APPROVED AS TO FORM: il Bria n, Senio Deputy City Attorney 4 -297 STATE OF CALIFORNIA ss COUNTY OF LOS ANGELES I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2018-23, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, July 17, 2018, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this 2 j--day of July, 2018, at Vernon, California. fc-1/ Maria E. Ayala, City Clerk SEAL) 5 -298 EXHIBIT A 299 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT NO. 1 TO THE OPTICAL FIBER USE AGREEMENT BETWEEN THE CITY OF VERNON AND C.R. LAURENCE INTERNATIONAL INC. WHEREAS, on July 17, 2018, the City Council of the City of Vernon adopted Resolution No. 2018-23 approving and authorizing the execution of Optical Fiber Use Agreement and Short Form IRU-17.1, IRU- 17.2, IRU-17.3, IRU-17.4, IRU-17.5 and IRU-17.6 Indefeasible Right of Use Agreements by and between the City of Vernon and C.R. Laurence International, Inc. (“C.R. Laurence”) for use of the City’s Fiber Optic Network; and WHEREAS, subsequent to City Council approval of the above agreements, C.R. Laurence notified the City that its plans had changed, and it would not be moving into the new buildings covered by the Short Form IRU-17.5 and IRU-17.6 Agreements; and WHEREAS, by memo dated December 4, 2018, the General Manager of Public Utilities has recommended that the City Council approve an Amendment No. 1 to the Optical Fiber Use Agreement to cancel the Short Form IRU-17.5 and IRU-17.6 Agreements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA), in accordance with CEQA Guidelines Section 15301(b) which exempts minor extensions of utility services involving negligible or no 300 - 2 - expansion of use beyond that existing at the time of the lead agency’s determination, and under Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment, because the proposed resolution will not require any construction, and the only physical change to the environment is stringing a few hundred feet of fiber optic cabling (of roughly half an inch in diameter) from existing utility poles onto private property. SECTION 3: The City Council of the City of Vernon hereby approves the Amendment No. 1 to the Optical Fiber Use Agreement, with C.R. Laurence International, Inc., in substantially the same form as the copy which is attached hereto as Exhibit A. SECTION 4: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute said Amendment for, and on behalf of, the City of Vernon and the City Clerk, is hereby authorized to attest thereto. SECTION 5: The City Council of the City of Vernon hereby authorizes the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this resolution and the transactions herein approved or authorized, including but not limited to, any non-substantive changes to the Amendment attached herein. SECTION 6: The City Council of the City of Vernon hereby hereby directs the City Clerk, or the City Clerk’s designee, to send one of each of the fully executed Amendment to: C.R. Laurence International, Inc. Attn. David Ellerbe, Senior VP Technology 2503 Vernon Avenue Vernon, CA 90058 / / / 301 - 3 - SECTION 7: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk’s certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 4th day of December, 2018. Name: Title: Mayor / Mayor Pro-Tem ATTEST: Maria E. Ayala, City Clerk APPROVED AS TO FORM: Brian Byun, Senior Deputy City Attorney 302 - 4 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, December 4, 2018, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of December, 2018, at Vernon, California. Maria E. Ayala, City Clerk (SEAL) 303 EXHIBIT A 304 - 1 - AMENDMENT NO. 1 TO THE OPTICAL FIBER USE AGREEMENT BETWEEN THE CITY OF VERNON AND C.R. LAURENCE INTERNATIONAL INC. This Amendment (“Amendment No. 1”) to that certain Optical Fiber Use Agreement for the use of the City’s fiber optic network dated July 17, 2018 (the “Agreement”) is made as of , 2018, by and between the City of Vernon, a California charter city and municipal corporation (the “City”), and C.R. Laurence International Inc. (“Customer”), a California corporation. WHEREAS, the Agreement was approved by resolution of the City Council (Resolution No. 2018-23) on July 17, 2018 (the “Resolution”); and WHEREAS, the Resolution also approved two new Short Form Indefeasible Right of Use (“IRU”) Agreements – namely, the Short Form IRU-17.5 and IRU-17.6 Agreements – to allow Customer to establish fiber optic connections between Customer’s buildings, as described further in the Resolution and in the Agreement (together, the “New Short Form IRU Agreements”); and WHEREAS, prior to the Commencement Date (as defined in the New Short Form IRU Agreements), Customer notified the City that its plans had changed, it would not be moving into the new buildings and therefore had no need for the New Short Form IRU Agreements; and WHEREAS, the City and Customer desire to amend the Agreement to cancel the New Short Form IRU Agreements. NOW, THEREFORE, the parties to this Amendment No. 1 agree as follows: 1. The New Short Form IRU Agreements shall be deemed null and void. 2. The Agreement is hereby amended to remove any reference to the New Short Form IRU Agreements. 3. Except as expressly modified by this Amendment No. 1, all provisions of the Agreement shall remain in full force and effect. 4. The provisions of this Amendment No. 1 shall constitute the entire agreement of the parties with respect to the subject matter included in this Amendment No. 1 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. 1. 5. The person or persons executing this Amendment No. 1 on behalf of each of the parties warrants and represents that he or she has the authority to execute this Amendment No. 1 on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties have signed this Amendment No. 1 as of the date stated in the introductory clause. [SIGNATURES FOLLOW ON NEXT PAGE] 305 - 2 - CITY OF VERNON a California charter city and municipal corporation By: _______________________________ Yvette Woodruff-Perez, Mayor C.R. Laurence International Inc., a California corporation By: Name: Title: ATTEST: __________________________________ Maria E. Ayala, City Clerk By: Name: Title: APPROVED AS TO FORM: ___________________________________ Brian Byun, Senior Deputy City Attorney 306 City Council Agenda Item Report Agenda Item No. COV-404-2018 Submitted by: Wendy Herrera Submitting Department: Public Works Meeting Date: December 4, 2018 SUBJECT October 2018 Monthly Building Report Recommendation: A. Receive and File. Backgroud: The attached building report consists of total issued permits, major projects, demolition permits, new building permits and certificate of occupancy status reports for the month of October 2018. Fiscal Impact: None. ATTACHMENTS 1. Public Works Department October 2018 Building Report 307 4~,~ ~~ `;ERtio City of Vernon Building Department `'~ Monthly Report from 10/1/2018 to 10131/2018 ~~4 , t~~ '~., ,rte°` Type Value # of Permits Electrical $1,261,749.30 12 Grading $20,000.00 1 Industrial -Addition $900,000.00 1 Industrial -Remodel $815,419.00 10 Mechanical $92,875.00 7 Miscellaneous $461,250.00 17 Plumbing $422,000.00 5 Roof $498,475.00 5 October 2018 TOTALS PERMITS: $4,471,771.30 58 PREVIOUS MONTHS TOTAL $90,673,828.05 522 YEAR TO DATE TOTAL $95,145,599.35 580 October 2017 TOTALS PERMITS: $72,821,130.00 42 PREVIOUS MONTHS TOTAL $55,993,865.70 465 PRIOR YEAR TO DATE TOTAL $63,814,995.70 507 ~% ~v~ \ Daniel Wall Director of Public Works 308 Og ye' ~+ ` " ~~ p,,: ~, ~'' ~[ti iX~V~ City of Vernon Building Department Major Projects from 10/1/2018 to 10!31!2018 Valuations > 20,000 Permit No. Project Address Tenant Description Job Value Electrical B-2018-3110 2652 45TH ST Change out a 400 amp service to a 30000 APN 600 amp service B-2018-3121 4460 PACIFIC BLVD Electrical -Paper making 75000 APN 6308007019 equipment B-2018-2967 2939 BANDINI BLVD 110.25 kw solar system, (315) 100000 APN 6303002020 modules, {2} central inverters, (1)200 A panel, (2) 200A AC disconnect (1) line side B-2018-3125 3049 VERNON AVE Re-design of electrical distribution 950000 APN 6303005034 and power of equipmentt and new lighting B-2018-3130 4306 26TH ST Pacific Foods Co. Warehouse/office LED lighting 24249.3 APN 5243019018 retrofit B-2018-3164 5001 SOTO ST Independent temporary equipment power 50000 APN 6308002022 Electric 6 Records) $1,229,249.30 Industrial -Addition B-2017-2238 3015 LEONIS BLVD Industrial addition - 11,028 sf 900000 APN 6303021007 1 Records) $900,000.00 Industrial -Remodel B-2018-3165 4440 26TH ST Demo existing office space 45,000 50000 APN 5243018010 sf B-2018-2994 2646 DOWNEY RD Installation of (5) new coolers, 300000 APN 5192025008 exterior concrete pad for mech., new wrought fence around property B-2018-2808 2939 SUNOL DR CONVERT (E) OFFICE TO 25000 APN 6304004020 STORAGE. DEMO NON-BEARING WALLS. NEW STEEL POST & BEAMS. B-2018-2796 3651 SIERRA PINE AV SUPERIOR TENANT IMPROVEMENT -DEMO 250000 APN 6303002012 FARMS (E) RESTROOMS, CONSTRUCTION OF DEMISING WALL, ACCESSIBLE RESTROOMS, MODIFICATION (E) DOCKS &TRUCK WELLS B-2018-2955 3636 26TH ST Install (1) newwalk in cooler 1,495 81000 APN 5192025002 sf (1 } Med. temp walk in cooler 1,320 sf & (1) floor sink 309 B-2018-3034 6131 MALBURG WAY Lost Spirits APN 6310027042 6 Records) Mechanical B-2018-3123 3049 VERNON AVE APN 6303005034 1 Records) Miscellaneous B-2018-2970 2626 26TH ST APN 6302001030 B-2018-2887 5300 BOYLE AVE APN 6310008020 B-2018-2864 5525 SOTO ST APN 6309026019 B-2017-2297 4408 BAN D I N T BLVD APN 6304001020 4 Records) Plumbing B-2018-3074 3651 SIERRA PINE AV APN 6303002012 B-2018-3070 3049 VERNON AVE Farmer John APN 6303005034 2 Records) Roof B-2018-3152 2322 VERNON AVE APN 6308012012 B-2018-3113 2801 VERNON AVE APN 6302020042 B-2016-1496 2535 28TH ST APN 6302002032 B-2017-1928 2191 ANDERSON ST APN 6308019037 B-2016-1533 3268 VERNON AVE APN 6303012046 5 Records) Two walls and equipment anchorage. $766,000.00 installation of CO2 tank and CO2 61900 pipe $61,900.00 Install metal canopy over fuel island 27000 Concrete pad and anchors for soil 25000 vapor extraction equipment. Reenclose metal siding building 175000 Installation of metal pallet racks. 140000 $367,000.00 new plumbing for interior offices & 50000 sump pumps for new truck wells New combination waste and vent 350000 system for pork cut and new restroom $400,000.00 Remove all roofing down to 114376 plywood deck. Install one #28 glasbase and two layers vi #11 interply and install granulated cap #72 mambrane remove existing roofing layers and 250000 install new single ply TPO roofing system Clean roof of all dirt and debris, 31000 spray tropical #921. remove existing roof and install 4 24000 ply roof system lay 1 /4" deck lay 60 mil top mech. 79102 fasternrend system over existing bur cap sheet roof to 334 sq (Crrc 0738-0002) $498,478.00 310 25 Permits) Total $4,222,627.30 .•— Daniel Wall Director of Public Works 311 None City of Vernon Building Department I~ew Buildings Report - Ocfober 2018 Daniel Wall Director Public Works 312 O F E'ER ,~ ~rtG'f_: ee ~S ~~VC LY 1M9J None Cify of Vernon Building Department Demolition Reporf ~ October 2018 Daniel Wall Director of Public Works 313 Request for Inspection Approved Pending Temporary Occupancies City of Vernon building Department Status of Cerfi~ricates of Occupancy Requests fVlonth of October 2018 ~~ Daniel Wall Director of Public Works 25 362 15 314 City of Vernon Certificate of Occupancy Applications Date From 10!1!2078 to 10/31/2018 Issued Permit No. Project Address Tenant Description Fees Paid Square Feet C-2018-1129 2955 VERNON AVE California Aluminum Co., Manufacturing and 885.00 46500 APN 6302020051 Inc. Warehousing C-2018-1130 4199 BANDINI BLVD Ninety6 Collective, LLC Once use 385.00 100 APN 5243020018 C-2018-1131 3049 VERNON AVE Smithfield dba Farmer John CO2 stunning of 0.40 9300 APN 6303005034 hogs for harvest C-2018-1132 2529 CHAMBERS ST On Trend Apparel Inc. Warehouse 385.00 3000 APN 6308008011 souvenirs for county fairs and festivals C-2018-1133 4641 PACIFIC BLVD Road Runner Souvenir Inc. Warehouse souvenir 885.00 10000 APN 6308009027 items C-2018-1134 2761 FRUITLAND AVE Vernon Studios Photography, film & 1,207.00 258943 APN 6308002006 tv production C-2018-1135 2761 FRUITLAND AVE Azria Enterprises, LLC Office use 385.00 900 APN 6308002006 C-2018-1136 2761 FRUITLAND AVE AZ6 Holdings, Inc. Office use 385.00 900 APN 6308002006 C-2018-1137 2761 FRUITLAND AVE EDKO NAIL SYSTEM Office and 385.00 1800 APN 6308002006 warehouse product C-2018-1138 2761 FRUITLAND AVE HBG STEEL LLC Office use 385.00 2906 APN 6308002006 C-2018-1139 2761 FRUITLAND AVE Clean Concepts LLC Once and 385.00 17Q0 APN 6308002006 warehouse C-2018-1140 2761 FRUITLAND AVE LBA Timeless LLC Office use of high 385.00 1800 APN 6308002006 end clothing C-2018-1141 2957 46TH ST Ceska Logistics, Inc. Warehousing & 1,207.04 100000 APN 6303014012 Logistics C-2018-1142 4159 BANDINI BLVD SoNice Party Inc. Warehouse general 385.00 36600 APN 5243020014 merchandise C-2018-1143 2345 48TH ST Paper Source Converting & Warehouse general 1,046.00 62395 APN 6308014029 Manufacturing merchandise C-2018-1144 4851 SANTA FE AVE Nuel Inc. Warehouse 385.00 5000 APN 6308015044 garments C-2018-1146 4900 SOTO ST S.R. STUDIO LA CA Office use 355.00 500 APN 6303023008 1 315 Issued Permit No. Project Address Tenant Description Fees Paid Square Feet ~►.~i~iE:~ifiC~'itl~S~ ; ► = ~~_\~/~y:T_1~nI~~~IiPrl:~iL APN 6308014031 MERCHANTS OF CALIFORNIA, LLC. C-2018-1148 2820 LEONIS BLVD Mayland Inc. APN 630323002 C-2018-1149 4851 SANTA FE AVE SOFTMAX, INC. APN 6308015044 C-2018-1150 4851 SANTA FE AVE CAPSON INC APN 6308015044 C-2018-1151 4851 SANTA FE AVE PRIMA FASHION INC. APN 6308015044 C-2018-1152 4851 SANTA FE AVE Kanse Production APN 6308Q15044 C-2018-1153 3624 SOTO ST Take A boo APN 6303004039 C-2018-1154 3616 SOTO ST The Green Olive APN 63Q3004039 25 Permits(s) WAREHOUSING OF 1,207,00 112000 GARMENTS Warehouse general 885.00 5075 merchandise WAREHOUSING OF 385.00 3000 GARMENTS WAREHOUSING OF 385.00 3000 GARMENTS WAREHOUSING OF 385.00 2000 FABRIC Warehouse 385.00 2500 garments Restaurant 0.00 200 Restaurant 385.00 1600 Total for Certificate of Occupancy: 13,482.00 672,719.00 Total Fees Paid 13,482.00 2 316 City of Vernon Certificate of Occupancy Issued Date From 1011!2018 to 10131/2018 Issued Permit No. Project Address Tenant Description Fees Paid Square Feet 1 01312 0 1 8 C-2018-1116 2626 26TH ST National Ready Mixed Ready mixed 0.40 5420 APN 6302001030 Concrete Co. concrete 1 01912 0 1 8 C-2016-0349 5702 SANTA FE AVE AMAZING BIAS INC. Manufacturing of 300.00 1200 APN 6309007011 garments 10/10/201 C-2017-0865 2341 49TH ST SOFTMAX INC DBA Office uselsample 385.40 2020 APN 6308015044 STITCH AND LAB designing 10!16!201 C-2017-0834 2099 27TH ST FOOD CASTLE INC Manufacturing of 885.00 27133 APN 6302009034 food/dried fuit 10/16/201 C-2018-1079 3311 SLAUSON AVE VOGONET INC Office use 385.00 2421 APN 6310005010 1 011 612 0 1 C-2018-1051 5981 MALBURG WAY ICON SPORTS GROUP Warehousing of 885.00 12232 APN 6310027046 INC. general merchandise Total for Certificate of Occupancy: 2,840.00 50,426.00 Total Fees Paid 2,840.00 6 Permits(s) 1 317 City Council Agenda Item Report Agenda Item No. COV-413-2018 Submitted by: Lissette Melendez Submitting Department: Public Works Meeting Date: December 4, 2018 SUBJECT Ratification of Change Order No. 1 related to Contract No. CS-0915 between the City of Vernon and Siemens Mobility, Inc. for Traffic Signal Maintenance Recommendation: A. Find that the approval of the proposed change order in this staff report is categorically exempt under the California Environmentally Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301 (Existing Facilities), part (c) (existing highways and streets), because the project is merely to repair existing streets and involves negligible or no expansion of existing use; and B. Ratify the issuance of Change Order No. 1 for Traffic Signal Maintenance Contract No. CS-0915, authorizing Siemens Mobility, Inc. to provide extraordinary work for the additional cost of $178,100, increasing the total contract cost to $475,454; and C. Authorize the City Administrator to execute Change Order No. 1 in substantially the same form as submitted herewith. Backgroud: On April 3, 2018, the City Council authorized the award of City Contract No. CS-0940 Downey Road Improvements to Hardy & Harper, Inc. The total contract amount was $1,828,000. Included in this total contract amount was $208,000 for traffic signal improvements. Also on April 3, 2018, the City Council awarded a three year contract, Contract No. CS-0915 Traffic Signal Maintenance, to Siemens Mobility, Inc. ("Siemens") for $297,354. Through this existing contract, the Public Works Department approached Siemens and requested quotes for performing the traffic signal work included in Hardy & Harper’s contract. Siemens was able to complete the bid item work for a total cost of $178,100 which was less than the cost proposed by Hardy & Harper, and resulted in a $29,900 savings for the City. On June 28, 2018, the City Administrator approved Public works’ request to process a Change Order for Contract No. CS-0940 removing bid items No. 18-21. The Change Order lowered the contract with Hardy & Harper by $208,000. Staff is now requesting that City Council ratify Change Order No. 1 with Siemens to add said items to their existing contract (CS-0915). The City Attorney's Office has approved Change Order No. 1 with Siemens to add traffic signal maintenance bid item work. Fiscal Impact: Hardy and Harper’s original contract awarded by City Council included this work for a bid price of $208,000. Siemens, the City’s Signal Maintenance Contractor, performed the work for a cost of $178,100, resulting in an overall savings of $29,900.318 ATTACHMENTS 1. Change Order No. 1 for Contract CS-0915 with Siemens Mobility, Inc. 319 CITY OF VERNON PUBLIC WORKS DEPARTMENT CONTRACT CHANGE ORDER NO. 1 SUPPLEMENT NO. SHEET 1 OF 1 SHEETS PROJECT: Citywide Traffic Signal Maintenance Contract No. CS-0915 FEDERAL PROJECT No. EDEN Project No. REQUESTED BY: City of Vernon Supplemental No. TO: Siemens Mobility, Inc. CONTRACTOR You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally included in the contract. This Change Order Provides for the increase to total contract amount for the following extra ordinary work: Item # Traffic Signal Modifications at the following locations Cost 1. Santa Fe Ave. @ 48th Street per attached quote and plan No. TS2769 $ 33,700.00 2. Downey Rd. @ Vernon Ave. per attached quote and plan No. TS2766 $ 48,800.00 3. Downey Rd. @ Fruitland Ave. per attached quote and plan No. TS2768 $ 28,300.00 4. Downey R. @ Leonis/ District per attached quote and plan No. TS2767 $ 67,300.00 TOTAL COST $ 178,100.00 Contract Amount (Base Bid) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 297,354.00 Amount of This Change Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 178,100.00 Amount of Previous Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0.00 Total Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 178,100.00 Modified Contract Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 475,454.00 By reason of this change order the time of completion will be adjusted as follows: 0 additional calendar days Approved: Date: Carlos Fandino, City Administrator Attest: Date: Maria Ayala, City Clerk We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted Date: Contractor: By: Title: c: Project File/Contractor/Purchasing Rev. 01/13 320 City Council Agenda Item Report Agenda Item No. COV-414-2018 Submitted by: Claudia Arellano Submitting Department: Public Works Meeting Date: December 4, 2018 SUBJECT A Resolution Approving and Authorizing the Submittal of a Proposition 1 Grant Application for a Water Quality Multi-Benefit Recreational Corridor Park Project Recommendation: A. Find that the proposed action is exempt under the California Environmental Quality Act (“CEQA”) review because it is a continuing administrative activity that will not result in any direct or indirect changes in the environment and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Adopt a resolution approving and authorizing the submittal of a Proposition 1 Grant Application to the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (“RMC”). Backgroud: California voters approved the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (“Proposition 1”) which authorizes funding water projects for: including surface and groundwater storage, ecosystem and watershed protection and restoration, and drinking water protection. The RMC has been allocated $30 million for competitive grants for multi-benefit ecosystem, watershed protection and restoration projects in accordance with statewide priorities (Section 79731(f)). The Water Quality Multi-Benefit Recreational Corridor Park Project The Lower Los Angeles River Revitalization Plan (“LLARRP”), a watershed-based plan addressing the diverse needs of the Lower Los Angeles River and its communities, identified the large utility easement owned by the City of Los Angeles Department of Water & Power (DWP) at the southeast corner area of the Downey Road and Bandini Boulevard intersection as a project site for a water quality multi-benefit recreational corridor park project (“Bandini/Riverside Park” project). The Bandini/Riverside Park project would not only inaugurate the first-ever multi-benefit recreational corridor in the City of Vernon, but this area may also reduce volume of stormwater runoff and help the City of Vernon meet the requirements of the Municipal NPDES Permit. Based on the LLARRP Opportunity Assessment (Attachment 2) the Bandini/Riverside Park project carries an Opportunity Potential of 100. This score is based on the metrics for each Plan Element by which the LLARRP working group implemented to identify possible locations for revitalization strategies and efforts. The Preliminary Concept (Attachment 3) illustrates the multi-uses of the Bandini/Riverside Park project site which creates new greenspace, native habitat, pedestrian trail, and connectivity to planned bikeways complimenting other identified LLARRP projects and alternative transportation corridor planned projects by local organizations.321 Projects awarded Proposition 1 grant funding by the RMC must meet and, in some cases, exceed other requirements of the RMC’s Common Ground objectives as detailed in the Guidelines (Attachment 4): a resolution by the governing body certifying that the authorized signatory has the authority to apply, receive and manage the project, submittal of a complete grant application be received by the RMC no later than 5:00 p.m. December 16, 2018, grantees must enter into a grant agreement with the RMC within 60 days of award, and the project completion date with all documentation submittals is no later than June 30, 2023. The cost estimate for the design-build of the proposed Bandini/Riverside Park project is $7.522 million. The RMC’s Proposition 1 Grant Program is paid on a reimbursement basis. The Safe Clean Water Program (Measure W) was approved by the voters on November 6, 2018. Measure W will provide local, dedicated funding to increase local water supply, improve water quality, and protect public health. The program will impose a parcel tax on affected parcels within the Los Angeles County Flood Control District. Forty percent (approximately $120 million gross) would be allocated to municipalities within the District, including the unincorporated area of the County, in proportion to the tax collected in each jurisdiction, to carry out Eligible Activities. The City of Vernon is estimated to receive $1.1 million in Measure W funding yearly commencing the Summer of 2020. The proposed Bandini/Riverside Park project would be an Eligible Activity under the Measure W Program Elements. Although matching funds or in-kind services are not required for eligibility of the RMC’s Proposition 1 funding, in order to maximize the competitiveness of the City’s grant application the Public Works Department proposes that the City’s application include a 10% match utilizing the new Measure W funding source. With the 10% match (or $752,152) the grant request would be for $6,769,364. Fiscal Impact: The adoption of a resolution approving the submittal of a Proposition 1 grant application to the RMC has no fiscal impact. Should the City be awarded Proposition 1 funding for the proposed Bandini/Riverside Park project by the RMC, the Public Works Department will present the agreement to the City Council along with the fiscal impact at a future City Council meeting. ATTACHMENTS 1. Resolution - Approving a Submittal of a Prop 1 Grant Application for a Water Quality Multi-Benefit Recreational Corridor Park Project 2. LLARRP Opportunity Assessment - Bandini-Riverside Park 3. Bandini Riverside SW Park Project Prelim Concept 4. FINAL RMC Prop 1 Grant Guidelines 102018 322 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE SUBMITTAL OF A PROPOSITION 1 GRANT APPLICATION TO THE SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY WHEREAS, California voters approved the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (“Proposition 1”) which authorizes funding water projects for, among other things, surface and groundwater storage, ecosystem and watershed protection and restoration, and drinking water protection; and WHEREAS, the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (the “RMC”) has been allocated $30 million dollars for competitive grants for multi-benefit ecosystem, watershed protection and restoration projects in accordance with statewide priorities (the “RMC Proposition 1 Grant Program”) (see Cal. Water Code section 79731(f)); and WHEREAS, the Lower Los Angeles River Revitalization Plan (“LLARRP”), a watershed-based plan addressing the diverse needs of the Lower Los Angeles River and its adjacent communities identified the large utility easement owned by the City of Los Angeles Department of Water & Power (“DWP”) at the southeast corner area of Downey Road and Bandini Boulevard intersection as a project site for a water quality multi-benefit recreational corridor park project (“Bandini/Riverside Park project”); and WHEREAS, the Bandini/Riverside Park project would not only be the first-ever multi-benefit recreational corridor in the City of Vernon, but could also reduce the volume of stormwater runoff and help the City meet the requirements of the Municipal National Pollutant 323 - 2 - Discharge Elimination System (NPDES) Permit; and WHEREAS, the cost estimate for the design-build of the proposed Bandini/Riverside Park project is $7.522 million; the RMC Proposition 1 Grant Program is conducted on a reimbursement basis; and WHEREAS, on November 6, 2018, the voters approved Measure W, also known as the Safe Clean Water Program; and WHEREAS, the Safe Clean Water Program will provide local, dedicated funding to increase local water supply, improve water quality, and protect public health and will impose a parcel tax on affected parcels within the Los Angeles County Flood Control District; and WHEREAS, the City of Vernon is estimated to receive $1.1 million per year from the Safe Clean Water Program beginning in the summer of 2020; and WHEREAS, the proposed Bandini/Riverside Park project would be an Eligible Activity, as that term is defined under the Safe Clean Water Program elements; and WHEREAS, by memo dated December 4, 2018, the Director of Public Works has recommended that the City Council of the City of Vernon approve and authorize the submittal of an application to the RMC Proposition 1 Grant Program for the proposed Bandini/Riverside Park project (the “Application”); and WHEREAS, said procedures established by the RMC require the applicant’s Governing Body to certify by resolution the approval of the Application before submission of said Application to the State; and WHEREAS, the City of Vernon will enter into a contract with the RMC for the Bandini/Riverside Park project, subject to independent 324 - 3 - CEQA review and City Council approval; and WHEREAS, the City Council desires to approve and authorize the submittal of the Application to the RMC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2:The City Council of the City of Vernon finds that this action is categorically exempt under the California Environmental Quality Act (“CEQA”) review because it is a continuing administrative activity that will not result in any direct or indirect changes in the environment and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378. SECTION 3: The City Council of the City of Vernon hereby approves and authorizes submittal of a Proposition 1 grant application to the RMC. SECTION 4:The City Council of the City of Vernon hereby certifies that the Bandini/Riverside Park project is consistent with regional programs. SECTION 5:The City Council of the City of Vernon hereby certifies that the Bandini/Riverside Park project is consistent with the goals of Proposition 1 including multi-beneficial and multi- jurisdictional ecosystem and watershed protection projects in accordance with statewide priorities. SECTION 6:The City Council of the City of Vernon hereby certifies that the City will have sufficient funds to operate and maintain the Bandini/Riverside Park project that is being submitted for funding consideration. 325 - 4 - SECTION 7:The City Council of the City of Vernon hereby certifies that the City of Vernon has reviewed and understands the General Requirements and General Policies of the RMC Proposition 1 Grant Program Guidelines. SECTION 8:The City Council of the City of Vernon hereby authorizes the Director of Public Works to execute said application for, and on behalf of, the City of Vernon and to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the actions herein approved or authorized. SECTION 9:The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, of the City of Vernon shall cause this resolution and the City Clerk’s certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 4th day of December, 2018. Name: Title: Mayor / Mayor Pro-Tem ATTEST: Maria E. Ayala, City Clerk APPROVED AS TO FORM: Brian Byun, Senior Deputy City Attorney 326 - 5 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, December 4, 2018, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of December, 2018, at Vernon, California. Maria E. Ayala, City Clerk (SEAL) 327 Opportunity AssessmentLOWER LOS ANGELES RIVER Opportunity Description Opportunity Potential(Average of Applicable Metrics Advanced) Plan Element Objective Applicable Metrics Advanced (%)Waterand EnvironmentConserve, Enhance, and Restore Habitat, Biodiversity, and Floodplain FunctionsEnhance Local Water Capture and UseImprove Environmental Quality Manage Flood Risk Public RealmEnhance ConnectivityImprove User Experience and Equitable AccessEnhance and Create Diverse, Vibrant Public Spaces Community Economics, Health, and EquityAddress HomelessnessIncrease Community Green InfrastructureIncrease Equitable Community Access to Multi-use Trails, AssetsPrevent Local Gentrification-Induced DisplacementPromote Wellness and Physical ActivitySupport and Develop Local Business and Workforce Opportunity Area Opportunity ID Opportunity Driver Bandini BlvdDekalbAve 47th StExchange AveLoma Vista Ave Charter St Everett Ave S Indiana St E 26th St120 129 City ofVernon City ofCommerce 121 100 100 100 100 100 0 0 0 100 100 100 100 100 Bandini WQ/Riverside Park 0 Stream restoration opportunity by diverting flow fromBandini channel – use vacant lot to capture some of BellGardens' runoff – expand to vacant lot to create a WQpark opportunity (Jaboneria/Shull Park).LLAR-Site-SpecificOpportunities ZFeatured OpportunityOther OpportunitiesCity Boundary0520Feet §¨¦405 §¨¦105 §¨¦5 -118.234.004Lat.Long.ID 328 ID Building Block Applied 1 Active space 2 Additional permanent homeless shelters 3 Bioswales 4 Boardwalks and overlooks 5 Brownfields remediation 6 Climbing wall 7 Commercial zone access 9 Community garden 10 Community gateway 12 Continuous park space 13 Curb cuts/street eddy basins14Destination stops 15 Diversion to sanitary sewer 16 Drinking fountains 17 Dry wells 18 Elevated paths 20 Equestrian trails ID Building Block Applied 21 Bike hubs 22 Floodplain expansion 23 Green infrastructure 24 Habitat area 25 Habitat corridor 26 Historical, cultural, environmental education/assets/ signage 27 Homeless space sharing 28 Infiltration basins and trenches 29 In-river access and safety 30 Leverage planned regional water recycling projects 31 Leverage pump stations to convey stormwater 32 Lighting 36 Loop and spur trails 37 Low income access 38 Low water crossings 39 Low-flow channel modifications 40 Multi-use publicly-owned properties 41 Onsite water recycling 42 Open space access ID Building Block Applied 44 Overcrossing 45 Oyster bed restoration 46 Passive space 47 Pedestrian and cyclist access 48 Permeable paving 49 Plazas 50 Pop-up parks 52 Property acquisition 53 Public art and murals 54 Recreation center 55 Regional gateway 56 Regrading for landscape topography restoration 58 Residential zone access 59 Restrooms 60 River amphitheater 61 Rubber dams and inundation areas 62 Safe crossings 63 Seating 64 Security 65 Shallow groundwater banking 67 Signage 68 Stream restoration ID Building Block Applied 69 Sub-regional water recycling facility 70 Traffic calming 71 Trailheads and staging areas 72 Transit-oriented development 73 Tunnels 74 Undercrossing 75 Water capture and onsite storage 76 Water recreation 78 Shade (veg or structural) Opportunity Area Opportunity ID Opportunity AssessmentLOWER LOS ANGELES RIVEROpportunity AssessmentLOWER LOS ANGELES RIVER 121 X X X X X X X X X X X X X X X X X X X X X X X XX X X X X X X X X X X X X X X Bandini WQ/Riverside Park 329 N City of Vernon BANDINI RIVERSIDE STORMWATER PARK PROJECT Preliminary Concept P Constructed Wetlands/BioswalesConstructed Wetlands/Bioswales Parking Lot with LID components Parking Lot with LID componentsExist. UPRR tracks P Exist. LADWP Transmission tower LOS ANGELES RIVER Class I Bike PathChannel Diversion Structure Exist. LACFCD Channel (DDI 0026)Multi-Use TrailMulti-Use Trail Parking Lot with Gateway Parking Lot with Gateway 330 San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy Grant Program Guidelines Water Quality, Supply and Infrastructure Improvement Act of 2014 (Proposition 1) The State Resources Agency State of California October 2018 331 Inquiries and Contact Information All inquiries, correspondence, and grant applications should be addressed to: Proposition 1 Grant Program Rivers and Mountains Conservancy 100 N. Old San Gabriel Canyon Road Azusa, CA 91702 626-815-1019 rmcprop1@rmc.ca.gov For further information please log on to our website at www.rmc.ca.gov The deadline for receipt of applications is December 16, 2018 by 5pm. All applications must be received on or before the deadline. The RMC is not responsible for applications which are delayed by the US Postal Service. Hand delivered applications will be accepted. Late applications will NOT be accepted. Successful applicants will be notified by RMC on or before March 31, 2019. 332 2 TABLE OF CONTENTS SECTION 1 Background 1.1 RMC Authority........................................................................................... 3 1.2 Grant Funding Sources—Proposition 1 ................................................. 3 SECTION 2 Purpose and Eligibility Requirements 2.1 Proposition 1 Grant Program Guidelines and Eligibility ...................... 4 2.2 RMC Objectives and Proposition 1 Consistency .................................. 4 2.3 Proposition 1, Chapter 6 Objectives ....................................................... 5 2.4 Promotion and Implementation of State Plans and the RMC Environmental Justice Policy ................................................................. 6 2.5 RMC Tribal Policy ..................................................................................... 7 2.6 RMC Proposition 1 Priorities ................................................................... 7 2.7 Eligible Applicants ................................................................................... 8 2.8 Project Eligibility ...................................................................................... 8 2.9 Project Ineligibility .................................................................................... 9 2.10 Additional Considerations ....................................................................... 9 SECTION 3 Grant Application Process 3.1 Geographic Program Areas ................................................................... 10 3.2 Project Evaluation Criteria ..................................................................... 11 3.3 Notice of Funding Availability ............................................................... 11 3.4 Grant Application ................................................................................... 11 3.5 Completeness and Selection Criteria ................................................... 13 3.6 Scoring .................................................................................................... 13 3.7 Conflict of Interest and Confidentiality ................................................ 14 3.8 Typical Grant Process ............................................................................ 14 SECTION 4 Grant Agreement 4.1 Grant Award ............................................................................................ 15 4.2 Board Meetings ....................................................................................... 15 4.3 Grant Agreement .................................................................................... 15 4.4 Environmental Documents .................................................................... 15 4.5 Project Monitoring and Reporting ........................................................ 15 4.6 Leveraging Funds ................................................................................... 15 4.7 Project Withdrawal ................................................................................. 16 4.8 Changes to the Project Scope............................................................... 16 4.9 Time Extensions ..................................................................................... 16 4.10 Payment of Grant Funds ........................................................................ 16 4.11 Advance Payment Requests ................................................................. 16 4.12 Final Payment Request .......................................................................... 16 4.13 Site Visits ................................................................................................. 16 4.14 Loss of Funding ...................................................................................... 17 4.15 Accounting Requirements ..................................................................... 17 SECTION 5 Appendices Appendix A: Definitions................................................................................. 18 Appendix B: Chapter 6 of Proposition 1 ..................................................... 24 Appendix C: Project Evaluation Criteria .................. …………………………27 Appendix D: Grant Application Form ....................... …………………………33 Appendix E: California Conservation Corps and Certified Community Conservation Corps Consultation……………………………..36 SECTION 6 FIGURES Figure 1 RMC Territory Map ................................................................... 39 333 3 SECTION 1: Background 1.1 RMC AUTHORITY The San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) is one of ten conservancies within the Natural Resources Agency established in 1999 (Chapters 788 and 789, Statutes of 1999). The RMC’s mission is to preserve open space and habitat in order to provide for low-impact recreation and educational uses, wildlife habitat restoration and protection, and watershed improvements within our jurisdictions. RMC’s jurisdiction includes eastern Los Angeles County and western Orange County, comprised of the San Gabriel River Watershed and its tributaries, the Lower Los Angeles River Watershed and its tributaries, Upper Santa Clara River and its tributaries, northern slope of the Angeles National Forest, the San Gabriel Mountains National Monument, Puente Hills and the San Jose Hills (Division 22.8. of the Public Resources Code California 32600-32621), please see Figure 1, RMC Territory Map. Additionally, the RMC recently adopted an Environmental Justice Policy with three key environmental justice principles: (1) community driven empowerment/organizing campaigns, 2) identification of incompatible land uses, and 3) recognize opportunities to create green infrastructure such as community open space and alternative transportation modes including bicycling and walking (RMC Resolution 2014- 19). The RMC was established to preserve open space and habitats in order to: ■ Improve watersheds within its jurisdiction ■ Provide for low-impact recreation, educational uses and water conservation ■ Restore and protect wildlife and habitat ■ Provides the public's enjoyment and enhancement of recreational and educational experiences on public lands in the RMC Territory in a manner consistent with the protection of lands and resources in those watersheds 1.2 Grant Funding Sources—Proposition 1 The voters of California approved the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (“Proposition 1”) in November 2014 codified as Division 26.7 of the Water Code which authorized $7.545 billion dollars in general obligation bonds for State water projects, including surface and groundwater storage, ecosystem and watershed protection and restoration, and drinking water protection. Purposes of Proposition 1 include implement[ing] the three objectives of the California Water Action Plan which are more reliable water supplies, the restoration of important species and habitat and a more resilient and sustainably managed water infrastructure (Proposition 1, Chapter 2, Section 79701 (e)). Chapter 6 of Proposition 1, entitled “Protecting Rivers, Lakes, Streams, Coastal Waters, and Watersheds,” allocates $30 million to the RMC for competitive grants for multi-benefit ecosystem, watershed protection and restoration projects in accordance with statewide priorities (Section 79731(f)). Pursuant to Section 79735(a), up to $100 million may be allocated to the Conservancy or the Santa Monica Mountains Conservancy, or a combination of both, for projects to protect and enhance an urban creek as defined in subdivision (e) of Section 7048. Proposition 1 funds will be awarded for the acquisition, development, rehabilitation, restoration, and protection of land and water resources consistent with the RMC statues, the Proposition 1 goals identified in the California Water Action Plan and statewide plans and priorities. The RMC Board may administer one or more competitive grant cycles during the fiscal year through the issuance of a notice of funding availability and may fund certain phases of a project in order to maximize the distribution of grant funds to multiple recipients and throughout the RMC territory. 334 4 The amount of funding available for each grant cycle will depend upon the amount appropriated to the RMC by the State Legislature each year. In addition, the amount awarded will also depend on the quality of submittals, leverage of matching funds, and multi-beneficial and multi-jurisdictional ecosystem and watershed protection projects in accordance with statewide priorities. SECTION 2: Purpose and Eligibility Requirements 2.1 Proposition 1 Grant Program Guidelines and Eligibility RMC Proposition 1 Grant Program Guidelines establish the process and criteria that the RMC will utilize to solicit applications, evaluate proposals and award grants, pursuant to Proposition 1 and RMC guiding principles. All projects funded by the RMC with Proposition 1 grant funds must be consistent with the RMC’s enabling legislation Common Ground from the Mountains to the Sea (Common Ground), Open Space Plan Phase II Final Report, and the watershed and open space plans for the Los Angeles and San Gabriel River watersheds which was adopted by the RMC in 2001 (http://www.rmc.ca.gov) for the distribution of grant funds. In addition, the purposes defined in Proposition 1 specify that projects must carry out at least one of the three objectives of the California Water Action Plan (Water Code 79706(a)) in order create a sustainable strategy for managing its water resources and supply. Concurrently with these efforts to conserve and manage its water supply, the State passed the Global Warming Solutions Act of 2006 (AB32) and subsequent policy and program implementation, therefore the RMC’s Proposition 1 Guidelines and project scoring criteria are designed to fund projects that achieve the State’s foremost goals of conserving water resources, water supply and adhering to the State’s policies for reaching greenhouse gas reduction targets. These guidelines will apply to both sections of Proposition 1, Chapter 6, Sections 79731(f) and 79735(a) which allocates the following funding to the RMC: Section 79731(f) of the funds authorized by Section 79730, the sum of three hundred twenty-seven million five hundred thousand dollars ($327,500,000) shall be allocated for multibenefit water quality, water supply, and watershed protection and restoration projects for the watersheds of the state in accordance with the following schedule:..(f) San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, thirty million dollars ($30,000,000). And Section 79735(a) of the funds authorized by Section 79730, one hundred million dollars ($100,000,000), for projects to protect and enhance an urban creek, as defined in subdivision (e) of Section 7048, and its tributaries, pursuant to Division 22.8 (commencing with Section 32600) of, and Division 23 (commencing with Section 33000) of, the Public Resources Code and Section 79508. Further, the RMC Proposition 1 Guidelines adopted by the RMC Board and pursuant to Water Code Section 79706(a) may be updated periodically. 2.2 RMC Objectives and Proposition 1 Consistency The RMC Board will adopt the Proposition 1 Guidelines which set forth the evaluation criteria for its competitive grant programs and may be updated accordingly if necessary (See Appendix C for the Project Evaluation Criteria). The project evaluation criteria are set by the RMC objectives which are articulated in Common Ground and the Open Space Plan Phase II Final Report. The types of projects proposed to be supported by this grant program are also consistent with Proposition 1 for purposes of prioritizing and for improvements to the waters of state. The RMC’s Common Ground objectives and the types of projects supported by this grant program are as follow* ■ Projects must promote the RMC’s statutory programs and purposes as stated in Division 22.8. of the Public Resources Code 32600-32621. ■ Projects must be consistent with the purposes of the funding source (Proposition 1). ■ Projects must promote and implement the State’s Water Plans and Policies. ■ Create, expand, and/or improve public open space throughout the region by improving water quality supply, create, enhance or improve a reliable water supply and/or restore an important species and habitat. 335 5 ■ Improve access to open space and low impact recreation for all communities and promote healthy lifestyles. ■ Improve habitat quality, quantity, and connectivity through creation, enhancement, preservation, and restoration. ■ Connect open space with a network of trails, accessible as appropriate to the site. ■ Promote stewardship of the landscape via stakeholder involvement and long-term maintenance (long-term means for a period not less than 20 years). ■ Encourage sustainable growth that balances environmental, social, and economic benefits. ■ Maintain and improve flood protection through natural and non-structural systems and ecosystem restoration. ■ Establish riverfront greenways to cleanse water, hold floodwaters and extend open space. ■ Optimize water resources by improving the quality of surface and ground water and enhance ground water recharge, to reduce dependence on imported water. ■ Coordinate watershed planning across jurisdictions and boundaries. ■ Encourage multi-jurisdictional and multi-beneficial planning and implementation projects. ■ Involve the public through education and outreach programs. ■ Projects will utilize the best available science to inform decisions regarding, state and local water resource. In addition, special consideration will be given to projects that employ new or innovative technology or practices, including decision support tools that support the integration of multiple jurisdictions, including, but not limited to, water supply, flood control, land use, and sanitation. *Please note, all grant applications must have a water-related benefit in order for consistency with Proposition 1 and all proposed project must improve water quality supply, create, enhance and improve a reliable water supply and/or restore an important species and habitat. 2.3 Proposition 1, Chapter 6 Objectives Proposition 1 allocation to the RMC is pursuant to Chapter 6 Protecting Rivers, Lakes, Streams, Coastal Waters and Watersheds and sets forth thirteen specific purposes and all grant funds must achieve at least four or more of the following objectives in order to receive funds. 1. Protect and increase the economic benefits arising from healthy watersheds, fishery resources and instream flow. 2. Implement watershed adaptation projects in order to reduce the impacts of climate change on communities and ecosystems. 3. Restore river parkways throughout the state, including but not limited to projects pursuant to the California River Parkways Act of 2004, in the Urban Streams Restoration Program established pursuant to Section 7048 and urban river greenways. 4. Protect and restore aquatic, wetland and migratory bird ecosystems including fish and wildlife corridors and the acquisition of water rights for instream flow. 5. Fulfill the obligations of the State of California in complying with the terms of multiparty settlement agreements related to water resources. 6. Remove barriers to fish passage. 7. Implement fuel treatment projects to reduce wildfire risks, protect watersheds tributary to water storage facilities and promote watershed health. 8. Protect and restore rural and urban watershed health to improve watershed storage capacity, forest health, protection of life and property, stormwater resource management, and greenhouse gas reduction. 9. Protect and restore coastal watershed including but not limited to, bays, marine estuaries, and nearshore ecosystems. 10. Reduce pollution or contamination of rivers, lakes, streams, or coastal waters, prevent and remediate mercury contamination from legacy mines, and protect or restore natural system functions that contribute to water supply, water quality, or flood management. 336 6 11. Assist in the recovery of endangered, threatened, or migratory species by improving watershed health, instream flows, fish passage, coastal or inland wetland restoration, or other means, such as natural community conservation plan and habitat conservation plan implementation. 12. Protect and enhance an urban creek as defined in subdivision (e) of Section 7048 and its tributaries pursuant to Division 22.8 (commencing with Section 32600) of, and Division 23 (commencing with Section 33000) of, the Public Resources Code and Section 79508. 13. Assist in water-related agricultural sustainability projects that promote water conservation. 2.4 Promotion and Implementation of State Plans and RMC Environmental Justice Policy The RMC Proposition 1 Guidelines require that projects be consistent with statewide plans and priorities and that projects be consistent with the goals identified in the California Water Action Plan. Links to key plans can be found at http://resources.ca.gov/california_water_action_plan/. Additionally, the RMC adopted an environmental justice policy at the November 24, 2014 Board Meeting, although it may be amended as necessary. It is the policy of the RMC that the fair treatment of people of all races, cultures and income shall be fully considered during the planning, decision-making, development and implementation of all RMC programs, policies, and activities. The intent of this policy is to ensure that the public within the RMC catchment area including minority and low-income populations are not discriminated against; treated unfairly, or caused to experience disproportionately high and adverse human health or environmental effects from environmental and land-use decisions, and children and their families have access to safe open space and healthy neighborhoods. The RMC adopted the following key principles: 1. Make environmental justice considerations a standard in the way we do business. We will keep an environmental justice perspective in our programs, activities, and training, as we set priorities, identify program gaps, and assess the benefits and adverse impacts our programs have on communities in our catchment area. 2. Work with local elected officials, staff of cities, and community groups, to address concerns about lack of access to safe open space, especially in low-income and minority communities. 3. Review and evaluate RMC programs and activities to ensure that the environmental justice perspective through its programs does not contain any substantive gaps. 4. Develop and incorporate an environmental justice program element into our employee-training curriculum. 5. Annually provide a staff briefing to the Board at a public meeting regarding ongoing and planned activities. Issue a written annual status report identifying action items accomplished and a proposed work plan outlining the action items for the next year. The work plan shall include quantitative goals for working in disadvantaged communities and populations adversely impacted by industrial and transportation proximities. 6. Strengthen our public outreach, education, and organizing efforts in all communities, especially low-income communities and where we see a need for the implementation. 7. Identify partners within land-use and transportation agencies that are responsible for the environmental benefits or adverse impacts in our neighborhoods and address potential mitigation activities. 8. Work with cities, County of Los Angeles, and community groups in identifying relevant populations living in close proximity to industrial and transportation locations that may benefit from RMC programs and activities. 337 7 9. Taking a proactive role in working with cities in adopting and/or updating their General Plans to implement environmental justice policies. 10. Work in conjunction with other federal, state, regional, and local agencies to ensure consideration of disproportionate impacts on relevant populations and create action oriented mitigation plans. 11. Fostering broad access to existing and proposed data sets and technology to better identify, analyze, and respond to environmental justice issues (database bank). RMC commits to integrating environmental justice principles into its programs and plans and will continue to improve our outreach efforts in all communities of our catchment area, ensuring that everyone has an opportunity to participate fully in the development and implementation of our programs. As an oversight agency we will work closely with local cities and County of Los Angeles, and other stakeholders to jointly develop environmental justice awareness so that it is in line with our funding grant programs for project design and development. Our commitment is to take consideration of neighborhoods where people encounter environmental pressures given their close proximity to industrial and transportation zones, as well as incompatible land uses. The RMC’s goal is to ensure that the populations in our area especially children and families are empowered to play a role in creating a healthful environment. 2.5 Promotion and Implementation of State and RMC Tribal Consultation Policy The RMC Proposition 1 Guidelines require that projects be consistent with statewide plans and priorities. On September 19, 2011, Governor G. Brown, Jr. issued Executive Order B-10-11, which provides, among other things, that it is the policy of administration that every state agency and Department subject to executive control to implement effective government-to-government consultation with California Indian Tribes. On July 24, 2017, the RMC Governing Board approved a Tribal Consultation Policy consistent with the approved policy adopted by the California Natural Resources Agency. Details can be found on the RMC website here: http://rmc.ca.gov/Tribal_Policy_Resources%20Agency.pdf Additionally, Assembly Bill No. 52 (AB52) specifies that projects with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource is a project that may have a significant effect on the environment. With regards to CEQA, the bill requires a lead agency to begin consultation with a California Native American Tribe that is traditionally and culturally affiliated with the geographic area of the proposed project, if the tribe requested to the lead agency, in writing, to be informed by the lead agency of proposed projects in that geographic area and the tribe requests consultation, prior to determining whether a negative declaration, mitigated negative declaration, or environmental impact report is required for a project. 2.6 RMC Proposition 1 Priorities The RMC will seek to prioritize multi-beneficial and multi-jurisdictional ecosystem and watershed protection projects in accordance with statewide priorities. A proposed project must be consistent with Proposition 1 bond language, RMC Common Ground, and the California Water Action Plan. Further, the proposed project must be evaluated under the RMC priority areas in order to be considered for funding. The RMC will set priority areas for evaluating and funding projects within the RMC jurisdiction, which will include review of existing state plans, screening for projects that achieve multi benefits, serves disadvantaged communities and result in a quantifiable outcome in the following priority areas: ■ Water Sustainability and Resiliency ■ Serves disadvantaged communities ■ Preservation, restoration enhancement and adaptive management of coastal wetland habitat of regional and statewide importance ■ Urban Greening along the San Gabriel and Lower Los Angeles Rivers 338 8 ■ Climate Change Adaptation and Greenhouse Gas Reductions ■ Create, expand, and/or improve public open space throughout the region by improving water quality supply, create, enhance or improve a reliable water supply and/or restore an important species and habitat 2.7 Eligible Applicants All proposed projects must be located within the boundaries of the RMC and eligible applicants include (Proposition 1, Chapter 4, Section 79712): ■ Public Agencies ■ Public Utilities that is regulated by the Public Utilities Commission ■ Federally recognized Indian tribes, state Indian tribes listed on the Native American Heritage Commission’s California Tribal Consultation List ■ Mutual Water Companies shall have a clear and definite public purpose and shall benefit the customers of a water system and not the investors ■ Cities ■ Counties ■ Joint Powers Agencies ■ Nonprofit organizations (existing under Section 501(c) (3) of the IRS Code) and whose purposes are consistent the RMC’s enabling legislation Individuals and corporations are not eligible for this grant program; however RMC encourages multiple partners or joint projects. As long as the applicant is a listed eligible applicants, applications will be accepted from joint projects with non-eligible agencies. 2.8 Project Eligibility RMC Proposition 1 Guidelines will fund projects which are consistent with the RMC’s enabling legislation, meet the RMC’s required project selection criteria, support the RMC’s Common Ground Objectives and advance the objectives of Proposition 1. In addition, Proposition 1 funds must be spent consistent with the General Obligation Bond Law, Government Code Section 16727; and in order to provide for a competitive grant application the RMC encourages applicants to develop complete and comprehensive projects which may include, trails access improvements, educational, natural based play infrastructure, interpretive programming and public outreach that will further the mission of the RMC and advance the objectives of Proposition 1. The RMC is committed to funding well-formed projects that provide multiple benefits but applicants must ensure these elements are funded through matching funds, since Proposition 1 funds only water related projects. Additionally, these supplementary elements may earn applicants additional points in the scoring criteria and provide for a competitive grant. The following costs are eligible for RMC grant funds: ■ Grant funds may be used for the acquisition, development, rehabilitation, restoration, and protection of land and water resources. ■ Land acquisition costs may include appraisals, land, improvements, relocation costs, title reports, surveying, and escrow. Land must be acquired from willing sellers and at fair market value. ■ Direct expenses include project-specific management costs such as CEQA/NEPA compliance, permitting, direct project administration and management. ■ Projects that have lower overhead or no overhead costs will be deemed more competitive. The RMC may cap indirect and overhead costs at 10-15% of the total project cost. 339 9 ■ Proposition 1 funding has limited funding available for preparation of planning documents, such as watershed plan updates, CEQA compliance documents and other planning documents (79735(d): Up to 10 percent of the funds available pursuant to this section may be allocated for project planning) 2.9 Project Ineligibility The following uses are not eligible for RMC grant funds: ■ Operations and Maintenance related costs for the lifetime of project. ■ Playground equipment and/or infrastructure such as swing sets and skate parks. Only passive or low-impact recreation is eligible, e.g. fitness equipment, trails. ■ Facilities that do not have an environmental education focus or theme, such as basketball courts, hockey courts, etc. Multi-use projects may include these elements, but this program will not fund planning or development of such facilities. ■ Projects that cause erosion or contribute to flooding. ■ Projects on land or improved property acquired by condemnation from an unwilling seller. ■ Project has no water related benefits, lack an improved habitat or species restoration, has a low impact public recreation access and it is not consistent with Proposition 1 objectives. ■ Projects traditionally provided by the private, non-government sector or by concessionaires, such as gift shops, equipment rentals, concession stands, etc., unless it can be shown that no private entrepreneur is willing to provide services, and there is demonstrated need for the Project. ■ Projects that exclusively fulfill other mitigation requirements. 2.10 Additional Considerations The following are additional considerations for evaluating project eligibility: ■ Each project must include information that addresses RMC Project Evaluation Criteria. ■ Applicants shall submit an individual application for each eligible project within their jurisdiction. ■ Project applicants are required to consult with the California Conservation Corps (CCC) and Local Certified Conservation Corps or look to hire youth through certified Youth Employment Program in coordination with the State/County or qualified non-governmental organization (NGO). See Appendix E. ■ Projects that utilize Youth Employment Program, please include the organization’s capacity to develop, manage and implement the youth employment program. ■ All projects funded by Proposition 1 must be consistent with the Porter-Cologne Water Quality Control Act (Division 7 of the Water Code) and the State’s five-year infrastructure plan prepared pursuant to Government Code section 13100. ■ Facilities development projects must demonstrate a strong relationship and value to natural resource stewardship or environmental education. ■ Rehabilitation and restoration projects of natural habitats must be biologically and technically feasible. ■ Agencies acquiring land may use the Natural Heritage Preservation Tax Credit Act of 2000 (Division 28 of the Public Resources Code. Water Code Section 79711(h)). ■ Where appropriate, grantees will be required to provide signage informing the public that the project received Proposition 1 funding. This requirement will be addressed in the grant agreement. ■ Applicants must complete the project and submit all documentation within five years of grant award (no later than June 30, 2023). ■ Grants shall be paid on a reimbursement basis unless otherwise requested and approved by the RMC. 340 10 ■ Applicants shall provide for public access and low-impact recreation, unless it is specifically prohibited or not ecologically or biologically feasible. ■ Projects that have multiple benefits will be considered more competitive. ■ Projects which have a clearly articulated monitoring and assessment plan will be considered more competitive. ■ All real property shall be acquired from a willing seller and in compliance with current State laws governing Relocation and Acquisition of real property by public agencies. Appraisals will be subject to prior approval of fair market value by the State Department of General Services. ■ All projects must comply with CEQA and/or NEPA as appropriate. These costs may be funded under this program as part of planning dollars. Status will be carefully evaluated and projects that have completed CEQA/NEPA and/or are advanced in the environmental process prior to the application will be considered more competitive. ■ Applicants shall comply with all applicable laws, regulations and permitting requirements. ■ All information contained in the grant applications is confidential until the grant awards are announced. After that time, all applications will become public information. ■ Applicants awarded grants (Grantees) must enter into a grant agreement with the RMC within 60 days of award before funds can be disbursed. ■ Grantees will be required to submit reports to the RMC, including progress, financial, and monitoring and assessment reports. Under usual circumstances, reports shall not be required more frequently than on a quarterly basis. ■ Projects need to meet and exceed the criteria set forth in Common Ground and Chapter 6 of Proposition 1, as well as any planning criteria approved by agencies within the project jurisdiction, such as master plans or watershed management plans. ■ Matching funds or in-kind services are not required, but a key strategy is to coordinate planning efforts that can leverage funding sources such as Prop. 1 to maximize implementation approaches that will fully realize projects and project benefits. Matching funds include project planning, operations and maintenance, volunteer support, and ongoing monitoring and assessment for the lifetime of the project. Contributions may be in the form of cash contributions, property, or in-kind services and must be verifiable. ■ Special consideration will be given to projects that employ new or innovative technology or practices, including decision support tools that support the integration of multiple jurisdictions, including but not limited to, water supply, flood control, land use and sanitation (Section 79707(e). Section 3 Grant Application Process 3.1 Geographic Program Areas To facilitate the comparison and aggregation of similar projects and assure that funds are available for a wide range of projects, these grant funds will be applied to three program areas that can be described in geographic terms. Project applicants will be asked to identify their program area. Projects cannot qualify for inclusion in more than one program area: ■ Urban Lands—All land within the developed, urban core of the RMC territory that is NOT within the area identified for River/Tributary Parkways, or within the Mountains, Hills, and Foothills. ■ River/Tributary Parkways—Land falling within one-quarter mile on either side of the centerline of a river or tributary within the RMC territory, but NOT within the Mountains, Hills and Foothills or Urban Land areas. 341 11 ■ Mountains, Hills, and Foothills—Land lying within the area of a named system of mountains, hills and foothills. More specifically, land lying within the geographic area of the San Gabriel Mountains, the San Jose, San Rafael, Montebello, Puente, Chino, Coyote, or Signal Hills, the San Gabriel foothills, and within the territory of the RMC but NOT within the Urban Lands or River/Tributary Parkways. To determine the specific area in which your project might fall, please refer to the RMC website: http://www.rmc.ca.gov/about/territory.html. 3.2 Project Evaluation Criteria The RMC Board will adopt the following project evaluation criteria with the major elements of the project evaluation criteria are as follows: ■ Restore River Parkways ■ Educational/Interpretive* ■ Habitat and Restoration Resource Values ■ Matching Funds ■ Environmental Justice and Disadvantaged Communities ■ Multi-beneficial and multi-jurisdictional ecosystem and watershed protection projects in accordance with statewide priorities ■ Stakeholders/Partners ■ Stewardship and Organizational Capacity ■ Water Sustainability, Water Storage and Water Infrastructure ■ Urban Land ■ Water Resource and Water Quality *These project elements may provide additional information for evaluating the project but these elements are not eligible costs under Proposition 1. 3.3 Notice of Funding Availability The RMC Board may administer one or more competitive cycles each fiscal year through the issuance of a notice of funding availability and may fund certain phases of a project in order to maximize the distribution of grant funds to multiple recipients and throughout the RMC territory. Grants will be awarded in a manner which supports and advances the RMC’s objectives and meets and exceeds the purposes of Chapter 6 of Proposition 1. 3.4 Grant Application Completed grant applications will be evaluated to determine the final funding recommendations. Applicants will be required to submit one original (1) and three (3) copies of the application and attachments as well as a digital copy. The following materials are required for a complete application: 1. Grant Application Form (Refer to Appendix D) 2. Project Description includes: (Sections 2a-2g should not exceed 7 pages, single-spaced, 11-point font minimum). a. Complete Project Description: for acquisition projects include APN, acreage and purpose for acquisition; for planning and implementation include specific tasks and deliverables. b. Statement of Need for the Proposed Project: a summary of the needs for the project and how the project meets the RMC’s policies and project evaluation criteria, and exceeds Proposition 1, Chapter 6 objectives of the water bond legislation (RMC Grant Guidelines Section 2.3). 342 12 c. Description of audience and geographic area served: provide a summary of the communities, cities, and populations that will be served once the project is completed. d. Description of Goals and Objectives: the goals and objectives should clearly define measurable and outcome-oriented goals and objectives for the project, performance measures to track progress toward objectives, and a reporting system to present the analysis of performance measures against the deliverables and tasks. e. Community Outreach: how will the community be involved in the project design and implementation, include how the project is consistent with the RMC Environmental Justice Policy and RMC Tribal Consultation Policy (RMC Grant Guidelines Section 2.4 and 2.5, include specific plans for community outreach, education, community involvement). f. Monitoring and Assessment Plan: the monitoring and assessment plan should include the tracking of the progress of the measurable goals and objectives of the project during as well as after the project is completed. Outline of a monitoring and assessment plan should include measurable and quantifiable targets for a planning and implementation project. And, for acquisition projects include the long-term management and maintenance plan. The RMC is interested in measuring the progress of each of its activities in achieving results or outcomes. Hence, the focus of each project evaluation must be on outcomes, defined as the project results or impact on users and society. Output and other measures are important, but the focus should be on results. g. Organizational capacity, include a brief history of your organization and the ability to fully complete and maintain the project long-term. 3. California Conservation Corps: Applicants applying for funds to complete restoration and ecosystem protection projects are required to consult with representatives of the California Conservation Corp (CCC) and the California Association of Local Conservation Corps (CALCC), the entity representing the certified CCC, to determine the feasibility of the CCC in completing the proposed project (Sec. 79734). Unless otherwise exempted, all applicants that fail to engage in such consultation will not be eligible to receive Proposition 1. CCC and CALCC have developed the consultation process for inclusion in Proposition 1 funding, please complete Exhibit B and for more information, visit https://ccc.ca.gov/what-we-do/natural-resource-management/proposition-1- water-bond/. Note, the Corps already has determined that it is not feasible to use their services on projects that solely involve either planning or acquisition. Therefore applicants seeking funds for such projects are exempt from consultation requirement and should check the appropriate box on the Consultation Review Document, please complete Exhibit E. 4. Certified Youth Employment Plan: please include the organization’s capacity to develop, manage and implement a training program for young adults in the environmental discipline that leads to permanent employment in the green industry (maximum one page). 5. Tasklist and Timeline: The tasklist should include a detailed description of each task and should include tasks for evaluation, monitoring, and assessment. An example of a tasklist can be found on the RMC website at http://www.rmc.ca.gov/. 6. Budget: The budget will include any matching funds that may be used for the project. Please also identify any other grants for which you have applied for this project (include amount, potential funding agency, and contact). See the RMC website for an example of a project budget at http://www.rmc.ca.gov/. Applicants should endeavor to submit a budget in the format presented in the example on the RMC website. 343 13 7. Resolution: The applicant’s governing body certifies that their governing board gives the authorized signatory the authority to apply, receive and manage the project. 8. Environmental Compliance: Identify the status of the environmental assessment. This information may include a notice of exemption filed with the county clerk, an initial study, or a brief description of how the applicant will comply with CEQA/NEPA once the grants are awarded. 9. Permits, Easements, or Certifications: Identify status of all permits related to the proposed project for implementation of the project or brief description of how applicant will obtain all permits (plan/schedule). 10. Operation and Maintenance: The applicant must demonstrate, specifically for development projects an outline of how the project will address future operations and maintenance needs (no more than one page). 11. Agreements: The applicant must include proof of ownership and compliance with Land Tenure Requirements or the applicant must demonstrate movement to secure land tenure through a willing seller letter, memorandum of agreement, or other binding agreements in place 12. Non-profit: If applicable, provide proof of non-profit status (Copy of IRS Determination Letter) 13. Design/Construction Documents and/or Project Site Photographs: Digital format is preferred, on CD, and each photograph should be saved as a separate file (no more than six (6) photographs, not larger than 8 ½” by 11”). 14. Project location map: the applicant must submit a map of the project location. 15. Letters of Support: The applicant is required a minimum of three support letters to fulfill this requirement, but additional support letters may be included. 3.5 Project Completeness and Selection Criteria RMC staff will review grant applications for completeness and incomplete grant applications will be returned to the applicant. Following is the initial selection criteria which all grant applications must adhere to: ■ The applicant is an eligible entity; ■ The applicant has submitted a complete grant application, as previously stated in Section 3.4, Items 1-15; ■ The project meets the RMC’s required grant selection criteria per the RMC Proposition 1 Guidelines; ■ The project meets the RMC’s Common Ground and the Proposition 1, Chapter 6 objectives; ■ The project consists of work that is eligible for bond funds under the General Obligation Bond Law; Applications that do not pass the initial selection criteria will not proceed to the scoring process. The RMC has the discretion to either return the application or assist the applicant with gathering additional information and modifying the proposal to enable the application to pass the screening process. 3.6 Scoring Complete applications that have passed the initial selection will be reviewed and scored by a minimum of three professionals with relevant expertise. Reviewers may include local, state and federal agency staff and others with relevant expertise, including consultants and academics. All reviewers other than the RMC staff will be required to document that they do not have a conflict of interest in reviewing any proposals. The total score of the three reviewers will be averaged and each grant application will be placed in their appropriate 344 14 RMC’s programming area which includes, Urban Lands, Rivers/Tributaries Parkways and Mountains/Hills/Foothills. Grant applications will be scored according to their program area and weighted against each grant proposal in their appropriate RMC Programing Area. All reviewers will score each grant application in accordance with the Project Evaluation Criteria and grant applications with an average percentile of 80 percent or better may qualify for recommendation of grant funds. Although a grant application receives a high score it may not be recommended for funding, given funding availability and project readiness. Staff will determine if funding is available and if the project is ready for recommendation to the RMC Board. 3.7 Conflict of Interest and Confidentiality All participants are subject to federal and State conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Accordingly, before submitting an application, applicants are urged to seek legal counsel regarding potential conflict of interest concerns that they may have and requirements for disclosure. Applicable statutes include, but are not limited to, Government Code Section 1090, and Public Contract Code Sections 10410 and 10411 for State conflict of interest requirements. Applicants should note that by submitting an application, they waive their rights to the confidentiality of that application. RMC staff will review each application. Once the application is signed and submitted to RMC any privacy rights as well as other confidentiality protections afforded by law will be waived. 3.8 Typical Grant Process The following table outlines the typical grant process for successful applicants. Responsible Entity Task RMC Announces draft guidelines and holds public meetings for submittal of comments RMC Approval of Grant Guidelines at the RMC Board Meeting RMC Announces Grant Funding Cycle and deadline for grant applications Applicant Submits grant application and supporting documents to the RMC RMC and Grant Selection Committee Staff determines if grant application is complete and submits to the Grant Selection Committee for evaluation and scoring RMC Staff notify project applicants of their status, either complete or incomplete Grant Selection Committee If complete, Grant Selection Committee evaluates grant applications, may perform site visits on semi-finalists, and recommends projects for funding to the RMC Board. RMC Board Board approves funding recommendations RMC If approved by Board, Staff sends a Grant Agreement to the Grantee. Grantee Returns the signed Agreement to RMC. RMC Staff sends a fully executed Grant Agreement to the Grantee. Grantee Completes environmental documentation and permitting as needed. Grantee Commences work on the Project. Grantee Submits required reports (i.e. quarterly), plans, and documents, as required, to RMC. Grantee Grantee posts signs during construction per attached Sign Guidelines. Responsible Entity Task Grantee Requests progress payments. Grantee Upon completion of the Project, posts signs acknowledging source of funds. Grantee Submits Project completion packet upon completion of the Project. 345 15 RMC Staff checks final documentation for completeness and accuracy and makes final inspection of Project. RMC Staff processes the final payment. Grantee Submits documents for audit, if requested. Section 4 Grant Agreement 4.1 Grant Award RMC staff will determine which qualified applications to recommend to the RMC Board for funding and the amount of funding, taking into account the project’s score relative to other eligible projects, the total amount of funding available for Prop 1 projects, the urgency of the project relative to other eligible projects, the RMC’s Common Ground, and the application of the RMC’s Project Evaluation Criteria. The RMC expects that it will take an average of four to eight months from application submittal, through evaluation and recommendation to the RMC Board for action and if approved an additional month for execution of the grant agreement. 4.2 Board Meetings No grant shall be awarded unless the RMC Board has approved the grant at a public meeting. The RMC typically holds seven public meetings per calendar year. The meeting schedule is published on the RMC’s website. The agenda for each public meeting is published on the RMC’s website at least ten days in advance of the meeting. RMC staff will prepare a report for each proposed grants presented to the RMC Board at a public meeting. The staff report will describe the project and explain how the project is consistent with the RMC’s enabling legislation, the RMC Program Guidelines, and the evaluation criteria in these Proposition 1 Grant Program Guidelines. 4.3 Grant Agreement Once the RMC has approved a grant at a public meeting, RMC staff will prepare a grant agreement setting forth the terms and conditions of the grant. The grantee must sign the grant agreement and comply with conditions in order to receive funds. Please note the grant agreement is being developed and will become final within the next few months. 4.4 Environmental Documents The RMC is required to comply with the California Environmental Quality Act (CEQA). Grant applicants should consider whether their proposed project will trigger the need for an environmental impact report or negative declaration or whether a CEQA exemption applies. How CEQA applies and the status of CEQA compliance must be addressed in the grant application. 4.5 Project Monitoring and Reporting All grant applications must include a monitoring and reporting component that explains how the effectiveness of the project will be measured and reported. The monitoring and reporting component will vary depending on the nature of the project. The grant application evaluation will assess the robustness of the proposed monitoring program. In addition, RMC staff will work with grantees to develop appropriate monitoring and reporting templates and procedures. 4.6 Leveraging Funds 346 16 The RMC will award additional points to applicants with significant matching funds. The amount of leveraged funding will be specifically identified in every staff recommendation for potential approval by the RMC Board. The RMC will provide a summary of the total leverage of RMC funds from all its grant programs to the RMC Board. 4.7 Project Withdrawal If a Grantee wishes to withdraw a Project, Grantee shall notify RMC in writing. In the event an approved project cannot be completed, and if grant funds were advanced, those funds, plus any accrued interest, must be returned to the State. If the CEQA/NEPA work is done after the grant has been awarded, and the determination is an impediment to completing the project, RMC will reimburse the applicant for costs expended up to 20 percent of the total grant as outlined above. 4.8 Changes to Project Scope A Grantee wishing to change the scope of an approved project shall submit the proposed change in writing to RMC for approval. Any change must be consistent with the authorizing legislation and Common Ground and Proposition 1, Chapter 6 objectives. 4.9 Time Extensions The Grantee is expected to complete the project according to the time identified in their project timeline. However each contract will have a project performance period of 3-5 years to allow for unexpected events. An extension of the three-year performance period is unlikely. 4.10 Payment of Grant Funds ■ Disbursements of grant funds will be made incrementally, as separate components of the Project are satisfactorily completed. ■ Payments shall be on the basis of costs incurred, less 10 percent to be withheld from all invoiced amounts. ■ Requests for reimbursement are preferred on a quarterly basis. Requests must include documentation that demonstrates that costs have been incurred and an itemized description of all work done, including updated project budget expenditures summary in relation to project tasks, for which reimbursement is requested. Payment requests should clearly identify the specific elements of the work plan to which they pertain. ■ Grantees should allow four to six weeks to receive payment after submitting a complete payment request package. ■ Any request that is submitted without supporting documents will not be approved for payment. 4.11 Advance Payment Requests ■ Advance payments for Project costs are not allowed. RMC, at its sole discretion, may honor advance payment requests, if warranted by a documented compelling need. ■ For Acquisition Projects, advances are made after the property is in escrow, directly into an interest bearing escrow account and any remaining amounts with interest incurred must be returned to the RMC. 4.12 Final Payment Request The funds withheld from Project payments are referred to as the Final Payment Request. The Project Completion procedures will be specified in the Grant Agreement. 4.13 Site Visits 347 17 The Grantee shall permit and arrange periodic site visits including a final inspection by RMC to determine if the work performed is in accordance with the approved Project Scope. 4.14 Loss of Funding The following actions may result in a loss of part or all of the funding allocation to the Grantee: ■ A Grantee fails to return a signed agreement with the RMC within 60 days of receipt of the grant agreement. ■ A Grantee withdraws from the Program in writing. ■ A Grantee fails to complete all funded project scope and/or fails to submit all documentation no later than five years from grant award unless otherwise approved for extension by the RMC. 4.15 Accounting Requirements Grantees shall maintain an accounting system that does all of the following: ■ Accurately reflects fiscal transactions, with the necessary controls and safeguards ■ Provides good audit trails, especially the source documents (purchase orders, receipts, progress payments, invoices, time cards, cancelled warrants, warrant numbers, etc.). ■ Provides accounting data so the total cost of each individual Project can be readily determined ■ Projects are subject to audit by the State within five/ten years following first payment of grant funds. The purpose of the audit is to verify that project expenditures were properly documented. If your project is selected for audit, you will be contacted at least 30 days in advance. The audit will include all books, papers, accounts, documents, or other records of the Grantee, as they related to the project for which RMC funds were granted. The Grantee shall have the Project records, including the source documents and cancelled warrants, readily available to the State. The Grantee must also provide an employee having knowledge of the Project and the accounting procedure or system to assist the State’s auditor. The Grantee shall provide a copy of any document, paper, record, or the like requested by the State. All Project records must be retained for at least one year following an audit or final disputed audit findings. 348 18 APPENDICES APPENDIX A: DEFINITIONS "Acquisition" means to obtain from a willing seller fee interest or any other interest, including easements and development rights, in real property. "Allocation" means a distribution of funds or an expenditure limit established for a Grantee for one or more projects. "Applicant" means the local, state, nonprofit organization, or Federally Recognized California Indian Tribe, requesting funding from a program administered by RMC. "Application" means the individual Application Form and its required attachments and supporting documentation for grants pursuant to the enabling legislation and/or program. "Appraisal" means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information. "Appropriation" means a budget authorization from a specific fund to a specific agency/or program to make expenditures or incur obligations for a specific purpose and/or period of time. "Brownfields" means abandoned or underutilized land and buildings in already-developed urban, suburban, or rural locations that have actual or perceived contamination from previous or adjoining uses. "California Indian Tribe" means any California Indian tribe, band, nation, consortia, or other organized group or community. "CEQA" means the California Environmental Quality Act, Public Resources Code Section 21000, et seq.; Title 14 California Code of Regulations Section 15000, et seq. (For more information, please see http://resources.ca.gov/ceqa/more/faq.htm) Applicants must assess the possible environmental consequences of projects, which they propose to undertake. "Competitive" means the allocation of moneys for one or more projects for the acquisition, development, or interpretation of recreational lands and facilities, and historical or archeological resources on a project- by-project basis, based upon stated criteria, through the competitive process. "Common Ground" refers to the San Gabriel and Los Angeles Rivers Watershed and Open Space Plan prepared by RMC and approved by a majority of the cities representing a majority of the population, the Board of Supervisors of Los Angeles County, and by the Central Basin Water Association and the San Gabriel Valley Water Association. “Commission” means the California Water Commission. “Committee” means the Water Quality, Supply, and Infrastructure Improvement Finance Committee created by Section 79787. "Connectivity" means continuity in open space enabling linkages between open space, and wildlife habitat areas and typically including trails and passive or active recreation nodes. 349 19 "Contract" means the agreement between the RMC, grantee, property owner, and/or mortgage lender, specifying the payment of funds for the performance of a project scope within the project performance period by the grantee. "Contractor" means the prime person or firm that has been selected by the grantee to perform the project work. "Development" means improvements to real property by construction of new facilities or rehabilitation, restoration, renovation or additions to existing sites, property, or facilities. “Disadvantaged community” (DAC) has the meaning set forth in subdivision (a) of Section 79505.5, is a community with an annual median household income that is less than 80 percent of the statewide annual median household income or a community with an annual per capita income that is less than 80 percent of the statewide annual per capita income (term may be amended). A Disadvantaged Communities Mapping Tool has been developed by Department of Water Resources to identify DACs for the purpose of Prop 1, please visit https://gis.water.ca.gov/app/dacs/ "District" means an agency of the state, formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries, such as a regional park district, regional open space district, water district, conservation district, or flood control district. "Ecological Value" means the project will support the relationships between living organisms and their environment. “Economically distressed area” means a municipality with a population of 20,000 persons or less, a rural county, or a reasonably isolated and divisible segment of a larger municipality where the segment of the population is 20,000 persons or less, with an annual median household income that is less than 85 percent of the statewide median household income, and with one or more of the following conditions as determined by the Office of Environmental Health Hazard Assessment: (1) Financial hardship. (2) Unemployment rate at least 2 percent higher than the statewide average. (3) Low population density. "Ecosystem" means a balanced natural system of living organisms and their environment. "Enhancement" means to modify current conditions and may be used to describe a project that would result in a natural resource, habitat, cultural or historic site, recreational area, or existing facility achieving a desired level of improvements while considering the protection of the natural environment. It is distinguishable from "restoration" in that it does not imply merely a return to historic natural conditions but may include the provision of recreation or other aspects that were not original features. "Environmental Education" means programs and related facilities and processes that increase knowledge and awareness about the environment and help develop skills that enable responsible decisions and actions that impact the environment. "Environmental Justice" is the fair treatment and meaningful involvement of all people –regardless of race, ethnicity and cultures, physical and cognitive abilities, income, and/or education level – in environmental decision-making. Environmental justice programs promote the protection of human health and the environment, empowerment via public participation, and the dissemination of relevant information to inform and educate affected communities. "Exotic species" means any non-indigenous plant or animal species. “Fund” means the Water Quality, Supply, and Infrastructure Improvement Fund of 2014 created by Section 79715. 350 20 "Grantee" means an Applicant who has a contract for grant funds. “Green Building” means a building which is designed, constructed, and operated consistent with the rating system for Leadership in Energy and Environmental Design rating system developed by the US Green Building Council. "Habitat linkage" means connections between otherwise isolated areas of habitat that may (1) provide for daily and seasonal movements of animals; (2) facilitate dispersal, gene flow, and rescue effects (for animals or plants); (3) allow for range shifts of species; and (4) maintain flows of ecological processes (e.g., fire, wind, sediments, water). “Habitat creation” means the formation or increase of at least one of the following: terrestrial, avian, or aquatic habitats or creates new linkages or corridors. “Habitat preservation” means keeping threatened natural habitat and protects native floral and faunal biodiversity that may be lost to a planned urban development. "Habitat restoration" means to return the site’s hydrology, topography and natural vegetative communities to historic predisturbance conditions so that the site provides food and shelter for wildlife, and performs natural processes including reducing the volume and velocity of runoff, and increasing the water infiltration rates. "Historical Resource" includes, but is not limited to, any building, structure, site area, place, artifact, or collection of artifacts that is historically or archaeologically significant in the cultural annals of California. "Indirect Costs" means expenses of doing business that are of a general nature and are incurred to benefit at least two or more functions within an organization. These costs are not usually identified specifically with a grant, contract, project, or activity, but are necessary for the general operation of the organization. Examples include salaries and benefits of employees not directly assigned to the project; functions such as personnel, accounting, and salaries of supervisors and managers; and overhead such as rent, utilities, supplies, etc. "In-Kind" means applicant's land, materials and/or services provided as matching funds for a project in lieu of monetary type funding. "Interpretation" means an intelligent and meaningful presentation and explanation of the significance and value of natural resources or historical or archeological resources. “Instream flows” means a specific streamflow, measured in cubic feet per second, at a particular location for a defined time, and typically follows seasonal variations. “Integrated regional water management plan” has the meaning set forth in Part 2.2 (commencing with Section 10530) of Division 6, as that part may be amended. "Jurisdiction" means the legal boundary of the grant Applicant, i.e. the city, county, or district. “Large or multi sub watershed project” means a project intended to: 1) address water quality, habitat, or other watershed restoration issues identified in more than one watershed plan; 2) address more than one habitat issue identified by the Green Visions planning tools; 3) provide substantive water quality benefits to more than one designated impaired water body; or 4) provide open space or passive recreational benefits in a location that is regionally accessible. "Local Conservation Corps" is a community conservation corps that is certified by the California Conservation Corps. "Local Agencies" means a city, county, or district entity formed for purposes pursuant to a joint powers agreement between two or more local entities that are eligible for Grant Programs administered by RMC. 351 21 “Long-term” means for a period of not less than 20 years. "Low Impact Recreation" means any development, rehabilitation, or enhancement of resource-based facilities and the associated visitor activities that result in minimized impacts on natural areas and natural systems. Low impact activities are generally human powered and may include walking, picnicking, hiking, cycling, non-motorized boating or equestrian use, bird watching, fishing, star-gazing or photography; and organized events such as interpretive tours, nature walks or educational programs. "Management Plan" means a plan that identifies responsibility for future management of a given area to preserve, protect, and enhance natural resource values, and where appropriate, provides for multiple objectives, and identifies funds for that management. "Match" means funds or equivalent in-kind contributions in addition to RMC Grant Funds. Increased consideration will be given to projects that provide matching funds or equivalent in-kind contributions. “Medium sub watershed project” means a project intended to: 1) address water quality, habitat, or other watershed restoration issues identified in an applicable watershed plan or by the Green Visions planning tools; 2) provide substantive water quality benefits to a designated impaired water body; or 3) provide open space or passive recreational benefits in a location that is generally accessible to multiple local communities. "Monitoring and Assessment" means an assessment process to evaluate the success of the proposed action or improvement, and monitoring progress towards meeting project goals. The standards for monitoring each project approved for funding will be developed in concert with RMC. "Multiple Benefit" projects that provide multiple benefits such as water quality, water supply, flood control, or open space. Funds shall be allocated to multibenefit projects that achieve public safety and include fish and wildlife habitat enhancement. Projects that involve more than one public benefit objective including habitat enhancement or protection, water quality improvement, historic resource protection or improvement, public access development, environmental education or any combination of such objectives. “Multi-jurisdictional” projects that provide shared solutions for multiple communities, for example a community that lacks safe, affordable drinking water and is served by a small community water system, state small water system, or a private well when improved can service more than one community. Projects that create, preserve, restore open space that will benefit a regional territory. As an another example, a watershed management plan update that serves an entire watershed. "Natural habitat" means relatively undisturbed lands and vegetation communities that provide food and shelter for wildlife and also perform natural functions such as, reducing the volume and velocity of storm runoff, and enabling water infiltration. "NEPA" means the National Environmental Policy Act of 1969, as amended Public Law 91-190, Title 42 United States Code Sections 4321-433347, January 1, 1970, as amended by Public Law 94-52, July 3, 1975, Public Law 94-83, August 9, 1975, and Public Law 97-258, Section 4 (b), September 13, 1982). NEPA requires federal agencies to assess the possible environmental consequences of projects, which they propose to undertake, fund or approve. "Nonprofit Organization" means any private, nonprofit organization, existing under Section 501(c)(3) of the United States Internal Revenue Code and has among its principal charitable purposes the preservation or enhancement of land for scientific, historic, educational, recreational, scenic or open-space values, the protection of the natural environment, or the preservation and enhancement of fisheries and wildlife or their habitat. 352 22 "Notice of Completion and Acceptance of Work" means the notice completed by the grantee and filed with the county recorder in the county where the property is located, upon completion and acceptance of any and all construction work related to a project. "Open Space" means any area that can potentially serve as wildlife habitat, facilitate natural processes, or allow for public access for passive forms of recreation. "Plans" means the detailed drawings or exact reproductions that show location, character, layout, dimensions, and details of the work to be constructed under the contract for a historical resource Project. "Planning" means specific preparations necessary to execute eligible projects. Planning includes conceptual designs, pre-schematic work, such as initial architectural or engineering plans prepared during the preliminary project phase; schematic documents; technical consulting; construction design; CEQA/NEPA documentation; preparation of construction bidding documents; permits or appraisals. Planning costs are distinct from hard project costs of actual construction or land acquisition. "Project" means the acquisition, development, (rehabilitation and restoration), or interpretation activities to be accomplished with grant funds. "Project Manager" means an employee of RMC, who acts as a liaison with Grantees and administers grants. "Project Management Plan” means the overall plan used to describe how the completed project would be operated and maintained on a long term basis. This document could include habitat, landscape, park, and other facility/resource long term management plans. "Project Performance Period" means the period of time that the grant funds are available, and the time in which the project must be completed, billed, and paid. "Project Scope" means the description or activity of work to be accomplished on the project. "Property" means the land, including all structures attached to such land, upon which the project is located. "Property Owner" means the person or entity that holds the fee simple interest of the Property. "Public access" refers to public access generally with full right of way from a public thoroughfare or public transportation. It could also mean the provision for visitor support facilities, including public parking, trails, bikeways, restrooms, picnic areas and campgrounds and other recreational facilities. “Public agency” means a state agency or department, special district, joint powers authority, city, county, city and county, or other political subdivision of the state. “Rainwater” has the meaning set forth in subdivision (c) of Section 10573. "Restoration" means the process of reproducing, re-establishing, or rehabilitating a natural area or a cultural or historical site or feature that has otherwise deteriorated so that it emulates the site’s historic condition before degradation. "Riparian" means locations and associated vegetative communities related to or on the banks of rivers, streams, wetlands, marshes or other fresh water bodies. “Secretary” means the Secretary of the Natural Resources Agency. “Severely disadvantaged community” has the meaning set forth in subdivision (a) of Section 116760.20 of the Health and Safety Code, as a community with a median household income of less than 60 percent of the statewide average. A Disadvantaged Communities Mapping Tool has been developed by Department 353 23 of Water Resources to identify DACs for the purpose of Prop 1, please visit https://gis.water.ca.gov/app/dacs/ “Small community water system” means a community water system that serves no more than 3,300 service connections or a yearlong population of no more than 10,000 persons. “State board” means the State Water Resources Control Board. “State General Obligation Bond Law” means the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code). “State small water system” has the meaning set forth in subdivision of Section 116275 of the Health and Safety Code. “Stormwater” has the meaning set forth in subdivision (e) of Section 10573. "Scenic Value" means any historic, open space or other natural resource features with significant visual aesthetic values. “Significant” 1: having meaning; especially: <a significant glance> 2a: having or likely to have influence or effect : <a significant piece of legislation>; also: of a noticeably or measurably large amount <a significant number of layoffs> <producing significant profits> 2b: probably caused by something other than mere chance <statistically significant correlation between vitamin deficiency and disease> “Small or neighborhood project” means a project intended to address site-specific, or neighborhood- scale, water quality or habitat issues, or that is intended to provide open space or passive recreational amenities intended for local community. "Specifications" means all written directions, provisions, and requirements governing the methods and procedures to be followed in connection with bidding and awarding of contract and performance and execution of the work, the quantities and qualities of materials to be used, the method of measurement of the quantities of work, and the nature of the contractual relationships that will exist during the course of the work. "Stewardship" means the development, implementation, and long-term management of important resources and typically involving the protection, preservation, rehabilitation, restoration, improvement of natural systems and/or outstanding features, and historical and cultural resources. “Sustainable/Sustainability” means the ability to meet current needs without compromising the ability of future generations to do the same. Also, the goal of life, liberty, and social well-being within the means of nature. "Threatened or Endangered Species" means species listed as defined by the Federal Endangered Species Act passed in 1973. “Threatened Natural Habitats” include any areas that contain natural habitat that will be destroyed or degraded by a proposed urban development plan which, at the least, has already been submitted to the governing jurisdiction or planning commission. "Trailhead and Trailside Facilities" include, but are not limited to parking, utilities, restrooms, benches, bridges, draining structures, fencing, and interpretive and informational signs, exhibit and brochure shelters and related facilities. “Urban Greening” per the adopted guidelines by the Los Angeles and San Gabriel Rivers Master plans. 354 24 APPENDIX B: CHAPTER 6 OF PROPOSITION 1 Protecting Rivers, Lakes, Streams, Coastal Waters, and Watersheds 79730. The sum of one billion four hundred ninety-five million dollars ($1,495,000,000) shall be available, upon appropriation by the Legislature from the fund, in accordance with this chapter, for competitive grants for multibenefit ecosystem and watershed protection and restoration projects in accordance with statewide priorities. 79731. Of the funds authorized by Section 79730, the sum of three hundred twenty-seven million five hundred thousand dollars ($327,500,000) shall be allocated for multibenefit water quality, water supply, and watershed protection and restoration projects for the watersheds of the state in accordance with the following schedule: (a) Baldwin Hills Conservancy, ten million dollars ($10,000,000). (b) California Tahoe Conservancy, fifteen million dollars ($15,000,000). (c) Coachella Valley Mountains Conservancy, ten million dollars ($10,000,000). (d) Ocean Protection Council, thirty million dollars ($30,000,000). (e) San Diego River Conservancy, seventeen million dollars ($17,000,000). (f) San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, thirty million dollars ($30,000,000). (g) San Joaquin River Conservancy, ten million dollars ($10,000,000). (h) Santa Monica Mountains Conservancy, thirty million dollars ($30,000,000). (i) Sierra Nevada Conservancy, twenty-five million dollars ($25,000,000). (j) State Coastal Conservancy, one hundred million five hundred thousand dollars ($100,500,000). Eligible watersheds for the funds allocated pursuant to this subdivision include, but are not limited to, those that are in the San Francisco Bay Conservancy region, the Santa Ana River watershed, the Tijuana River watershed, the Otay River watershed, Catalina Island, and the central coast region. (k) Sacramento-San Joaquin Delta Conservancy, fifty million dollars ($50,000,000). 79732. (a) In protecting and restoring California rivers, lakes, streams, and watersheds, the purposes of this chapter are to: (1) Protect and increase the economic benefits arising from healthy watersheds, fishery resources, and instream flow. (2) Implement watershed adaptation projects in order to reduce the impacts of climate change on California’s communities and ecosystems. (3) Restore river parkways throughout the state, including, but not limited to, projects pursuant to the California River Parkways Act of 2004 (Chapter 3.8 (commencing with Section 5750) of Division 5 of the Public Resources Code), in the Urban Streams Restoration Program established pursuant to Section 7048, and urban river greenways. (4) Protect and restore aquatic, wetland, and migratory bird ecosystems, including fish and wildlife corridors and the acquisition of water rights for instream flow. (5) Fulfill the obligations of the State of California in complying with the terms of multiparty settlement agreements related to water resources. (6) Remove barriers to fish passage. (7) Collaborate with federal agencies in the protection of fish native to California and wetlands in the central valley of California. (8) Implement fuel treatment projects to reduce wildfire risks, protect watersheds tributary to water storage facilities, and promote watershed health. (9) Protect and restore rural and urban watershed health to improve watershed storage capacity, forest health, protection of life and property, stormwater resource management, and greenhouse gas reduction. (10) Protect and restore coastal watersheds, including, but not limited to, bays, marine estuaries, and nearshore ecosystems. (11) Reduce pollution or contamination of rivers, lakes, streams, or coastal waters, prevent and remediate mercury contamination from legacy mines, and protect or restore natural system functions that contribute to water supply, water quality, or flood management. 355 25 (12) Assist in the recovery of endangered, threatened, or migratory species by improving watershed health, instream flows, fish passage, coastal or inland wetland restoration, or other means, such as natural community conservation plan and habitat conservation plan implementation. (13) Assist in water-related agricultural sustainability projects. (b) Funds provided by this chapter shall only be used for projects that will provide fisheries or ecosystem benefits or improvements that are greater than required applicable environmental mitigation measures or compliance obligations. 79733. Of the funds made available by Section 79730, the sum of two hundred million dollars ($200,000,000) shall be administered by the Wildlife Conservation Board for projects that result in enhanced stream flows. 79734. For restoration and ecosystem protection projects under this chapter, the services of the California Conservation Corps or a local conservation corps certified by the California Conservation Corps shall be used whenever feasible. 79735. (a) Of the funds authorized by Section 79730, one hundred million dollars ($100,000,000) shall be available, upon appropriation by the Legislature, for projects to protect and enhance an urban creek, as defined in subdivision (e) of Section 7048, and its tributaries, pursuant to Division 22.8 (commencing with Section 32600) of, and Division 23 (commencing with Section 33000) of, the Public Resources Code and Section 79508. (b) (1) Of the funds authorized by Section 79730, twenty million dollars ($20,000,000) shall be made available to the secretary for a competitive program to fund multibenefit watershed and urban rivers enhancement projects in urban watersheds that increase regional and local water self-sufficiency and that meet at least two of the following objectives: (A) Promote groundwater recharge and water reuse. (B) Reduce energy consumption. (C) Use soils, plants, and natural processes to treat runoff. (D) Create or restore native habitat. (E) Increase regional and local resiliency and adaptability to climate change. (2) The program under this subdivision shall be implemented by state conservancies, the Wildlife Conservation Board, the state board, or other entities whose jurisdiction includes urban watersheds, as designated by the secretary. Projects funded under the program shall be a part of a plan developed jointly by the conservancies, the Wildlife Conservation Board, the state board, or other designated entities in consultation with the secretary. (c) At least 25 percent of the funds available pursuant to this section shall be allocated for projects that benefit disadvantaged communities. (d) Up to 10 percent of the funds available pursuant to this section may be allocated for project planning. 79736. Of the funds authorized by Section 79730, four hundred seventy-five million dollars ($475,000,000) shall be available to the Natural Resources Agency to support projects that fulfill the obligations of the State of California in complying with the terms of any of the following: (a) Subsection (d) of Section 3406 of the Central Valley Project Improvement Act (Title 34 of Public Law 102-575). (b) Interstate compacts set forth in Section 66801 of the Government Code pursuant to Title 7.42 (commencing with Section 66905) of the Government Code. (c) Intrastate or multiparty water quantification settlement agreement provisions, including ecosystem restoration projects, as set forth in Chapters 611, 612, 613, and 614 of the Statutes of 2003. (d) The settlement agreement referenced in Section 2080.2 of the Fish and Game Code. (e) Any intrastate or multiparty settlement agreement related to water acted upon or before December 31, 2013. Priority shall be given to projects that meet one or more of the following criteria: (1) The project is of statewide significance. (2) The project restores natural aquatic or riparian functions, or wetlands habitat for birds and aquatic species. 356 26 (3) The project protects or promotes the restoration of endangered or threatened species. (4) The project enhances the reliability of water supplies on a regional or interregional basis. (5) The project provides significant regional or statewide economic benefits. 79737. (a) Of the funds authorized by Section 79730, two hundred eighty-five million dollars ($285,000,000) shall be available to the Department of Fish and Wildlife for watershed restoration projects statewide in accordance with this chapter. (b) For the purposes of this section, watershed restoration includes activities to fund coastal wetland habitat, improve forest health, restore mountain meadows, modernize stream crossings, culverts, and bridges, reconnect historical flood plains, install or improve fish screens, provide fish passages, restore river channels, restore or enhance riparian, aquatic, and terrestrial habitat, improve ecological functions, acquire from willing sellers conservation easements for riparian buffer strips, improve local watershed management, and remove sediment or trash. (c) For any funds available pursuant to this section that are used to provide grants under the Fisheries Restoration Grant Program, a priority shall be given to coastal waters. (d) In allocating funds for projects pursuant to this section, the Department of Fish and Wildlife shall only make funds available for water quality, river, and watershed protection and restoration projects of statewide importance outside of the Delta. (e) Funds provided by this section shall not be expended to pay the costs of the design, construction, operation, mitigation, or maintenance of Delta conveyance facilities. (f) Funds provided by this section shall only be used for projects that will provide fisheries or ecosystem benefits or improvements that are greater than required applicable environmental mitigation measures or compliance obligations, except for any water transfers for the benefit of subsection (d) of Section 3406 of the Central Valley Project Improvement Act (Title 34 of Public Law 102-575). 79738. (a) Of the funds authorized by Section 79730, eighty-seven million five hundred thousand dollars ($87,500,000) shall be available to the Department of Fish and Wildlife for water quality, ecosystem restoration, and fish protection facilities that benefit the Delta, including, but not limited to, the following: (1) Projects to improve water quality or that contribute to the improvement of water quality in the Delta, including projects in Delta counties that provide multiple public benefits and improve drinking and agricultural water quality or water supplies. (2) Habitat restoration, conservation, and enhancement projects to improve the condition of special status, at risk, endangered, or threatened species in the Delta and the Delta counties, including projects to eradicate invasive species, and projects that support the beneficial reuse of dredged material for habitat restoration and levee improvements. (3) Scientific studies and assessments that support the Delta Science Program, as described in Section 85280, or projects under this section. (b) In implementing this section, the department shall coordinate and consult with the Delta city or Delta county in which a grant is proposed to be expended or an interest in real property is proposed to be acquired. (c) Acquisitions pursuant to this section shall be from willing sellers only. (d) In implementing this section state agencies shall prioritize wildlife conservation objectives through projects on public lands or voluntary projects on private lands, to the extent feasible. (e) Funds available pursuant to this section shall not be used to acquire land via eminent domain. (f) Funds available pursuant to this section shall not be expended to pay the costs of the design, construction, operation, mitigation, or maintenance of Delta conveyance facilities. 357 27 APPENDIX C: PROJECT EVALUATION CRITERIA* Staff will deem a grant application complete when it has passed the initial selection process. Staff will recommend the grant application to the Grant Selection Committee for evaluation and scoring by utilizing the evaluation criteria set forth below. An application must achieve an average score of 85 percent or higher in order to qualify for recommendation of grant funds to the RMC Board. *Criterion that are marked with an asterisk are not eligible for funding, however these elements will contribute to an applicant’s overall score. Applicants must demonstrate that supplemental funding is available for non-eligible costs. Project Evaluation Criteria Program Relevance Urban Land Rivers / Tributaries Mountains / Hills 1.0 Restore River Parkways 1.1 The Project is identified in an existing or proposed trail plan (e.g. Metro’s Active Transportation Strategic Plan) or connects communities to major existing or planned trails or open space. 5 5 5 1.2 Restore River Parkway, Section 79732 (a) (3) California River Parkways Act of 2004 1 1 1 1.3 *Project is on land that is an underutilized public or private holding. Underutilized properties include blighted vacant lots or inaccessible public lands 1 1 1 1.4 The project is within ¼ mile or 10 minutes walking distance of a residential area and/or public transportation and includes multilingual wayfinding signage. 1 1 1 1.5 The project includes improvements to a pedestrian, equestrian and/or bicycle connection to an existing trail, trail system, community facility, recreation area or school. 1 1 1 1.6 The project would accommodate a new trail into an inaccessible area. 1 1 1 Subtotal 10 10 10 *2.0 Educational/Interpretive Signage 2.1 *Educational/Interpretive and/or informational elements are included. 1 1 1 2.2 *Signage or educational/interpretive message includes the natural history, cultural history, and watershed stewardship. (not included in criteria) 1 1 1 Subtotal 2 2 2 3.0 Habitat and Restoration Resource Values 358 28 Project Evaluation Criteria Program Relevance Urban Land Rivers / Tributaries Mountains / Hills 3.1 The project results in new habitat and increases at least one of the following: terrestrial, avian, or aquatic habitats or creates new linkages or corridors. – OR – 3.2 The project preserves threatened natural habitat and protects native flora and fauna biodiversity that may be lost to a planned development. – OR – 3.3 The project preserves project preserves and/or enhances existing natural habitat and protects native flora and fauna biodiversity. 5 5 5 3.4 The project includes an evaluation of the suitability, strategy, and success measures for the site’s habitat preservation, creation, and/or enhancement. 1 2 1 3.5 The project supports substantial in-stream or native riparian habitat and/or supports substantial upland native vegetative cover. 1 2 1 3.6 The project supports unique and/or irreplaceable ecological systems, i.e., coastal salt marsh, vernal pool, monarch breeding, migratory watering area. 1 2 1 3.7 The project is located within a county-designated ecologically sensitive watershed area, i.e., Significant Ecological Area, Conceptual Area Protection Plan (CAPP), or other agency reviewed plan area. 1 2 1 3.8 The project provides for contiguous open space and is adjacent to publicly owned open space or private land protected under a conservation easement or similar perpetual restriction. The project includes habitat that provides a buffer between protected or proposed protected areas and incompatible uses. 1 2 1 3.9 The project will be managed in such a manner as to provide maximum long term habitat protection and has an established long-term maintenance plan. 1 2 1 3.10 The project enhances wetland and subtidal habitats to restore ecosystem function and provide multi-beneficial flood protection and resilient shorelines. 1 2 1 3.11 The project design is resilient and adaptable to climate change. In addition, the project is compliant with the Global Warming Solutions Act of 2006 (AB32) and subsequent policy and program implementation in order to meet the State’s Climate Change Adaptation and Greenhouse Gas Reductions by supporting land conservation, restoration, and management. Activities include land protection, urban forestry, forest management, and restoration of meadows, wetlands, woodlands, riparian areas, and seagrass. 2 4 2 3.12 The scope of habitat restoration does not negatively impact the health of already existing natural habitat on site or adjacent to the site. 1 2 1 3.13 The project contains a more than a 75% native plant palette. 1 1 1 Subtotal 16 26 16 359 29 Project Evaluation Criteria Program Relevance Urban Land Rivers / Tributaries Mountains / Hills 4.0 Matching Funds 4.1 Project sponsor will contribute 100% or more matching funds (does not include in-kind services; can be other grants/gifts or private and local funding) 7 7 7 4.2 Project sponsor will contribute 50% or more matching funds (does not include in-kind services; can be other grants/gifts or private and local funding) 5 5 5 4.3 Contribution of matching funds will count towards completion of the entire project being submitted for funding 3 3 3 Subtotal 15 15 15 5.0 Environmental Justice and Disadvantaged Communities 5.1 Cal-Enviro Sreen standards https://oehha.ca.gov/calenviroscreen/report/calenviroscreen-30 Up to 15 bonus points will be awarded to proposed projects that primarily benefit communities with high pollution burdens and/or high population characteristic scores, based on CalEnviroScreen maps. If your project area is not included in the Cal-Enviro maps, then include in the project narrative, the data and analysis utilized for evaluating the pollution burden and it is also the best available science. 5 points = CalEnviroScreen score of 61% - 70% 10 points = CalEnviroScreen score of 71%- 80% 15 points = CalEnviroScreen score of 81% or higher 15 15 15 5.2 The project creates a sense of community through educational outreach, community activities, and programs. 2 1 1 5.3 The project concept and designs are a result of direct community input held through community meetings within the vicinity of where project is located, and occurred no earlier than January 2013. 3 3 3 5.4 The project will serve an area that has a significant percentage of residents living with chronic diseases (examples: cardiovascular disease, asthma) please visit https://oehha.ca.gov/calenviroscreen/report/calenviroscreen-30. 2 1 1 5.5 The project contains signage elements that promote physical activity and “healthy living” practices such as mileage makers, walking trails and other physical activities. 2 1 1 5.6 Creates new park space in a disadvantaged or park poor community defined as a census track with a population that has less than 80% of the state’s annual median income, see https://gis.water.ca.gov/app/dacs/, and/or having less than 2 acres/0.8 hectares of open space per 1,000 residents—see http://www.parksforcalifornia.org/communities. 5 5 5 5.7 The project design and/or location provides relief from the negative impacts of urban density such as incompatible land uses and unregulated industrial impacts. 2 1 1 5.8 The project provides physical linkages to open space (passive and recreational) from a disadvantaged and/or park-poor neighborhood. 2 1 1 360 30 Project Evaluation Criteria Program Relevance Urban Land Rivers / Tributaries Mountains / Hills 5.9 The project conforms to the RMC Environmental Justice Policy per Section 2.4. 5 5 5 Subtotal 38 33 33 6.0 Multi-benefit and multi-jurisdictional 6.1 This project is a multi-benefit and multi-jurisdictional ecosystem and watershed protection project in accordance with statewide priorities. Multi-benefit = Achieves more than one water related element. Ex: water recycling AND trail use, water infrastructure AND sustainability, etc., Multi-jurisdictional= Partnership with more than one city, or includes more than one watershed, or is a partnership between one or more counties. 3 3 3 Subtotal 3 3 3 7.0 Stakeholders/Partners Resource Value 7.1 The project is clearly defined and includes an objective, mission and purpose. 1 1 1 7.2 The project is significant to one or more local citizen groups or non-governmental organizations as evidenced by a letter of support from the organization's governing body. 1 1 1 7. The project incorporates more than 50% recycled content product hardscape elements (benches, signage, light fixtures, gates, fences, etc). 1 1 1 7.4 Projects will use the California Conservation Corps for project implementation (whole or partial) or look to hire youth through certified Youth Employment Program in coordination with the State/County or qualified non-governmental organization (NGO). 5 5 5 Subtotal 8 8 8 8.0 Stewardship and Management Plan Value 8.1 The project includes an adopted guidelines, strategic plan, etc. for active stakeholder/partner participation that includes the 20- 25 year period of the project after completion (includes identification of stakeholder/partner groups). 1 1 1 8.2 The project includes a landscape maintenance manual containing details regarding logistics of weed management, trail maintenance, trash management, unauthorized uses, and a habitat establishment monitoring program. 1 1 1 8.3 The project identifies funding for a specified list of activities that an organization (i.e. professional contractor, local non-profit, or community volunteer group) with relevant expertise, that will provide appropriate future stewardship and adaptive management to ensure the sustainability of the project. 1 1 1 8.4 Applicant has organizational capacity and has 10+ years of maintaining and operating projects of similar size and scope 1 1 1 361 31 Project Evaluation Criteria Program Relevance Urban Land Rivers / Tributaries Mountains / Hills Subtotal 4 4 4 9.0 Water Sustainability/Water Storage/Water Infrastructure 9.1 The project includes 3 or more of the following elements to address climate change: 1) Sustainable site planning and land use compatibility 2) Safeguarding water and water efficiency, 3) Energy efficiency and renewable energy, 4) Conservation of materials and resources, and 5) Indoor environmental quality. 5 5 5 9.2 The project promotes and implements the California Water Action Plan objectives which include reliable water supplies, the restoration of important species and habitat and a more resilient and sustainably managed water infrastructure. 1 1 1 9.3 Maintain and improve flood protection through natural and non-structural systems and ecosystem restoration. 1 1 1 9.4 Establish riverfront greenways to cleanse water, hold floodwaters and extend open space. 1 1 1 9.5 Optimize water resources by improving the quality of surface and ground water and enhance ground water recharge, to reduce dependence on imported water. 1 1 1 Subtotal 9 9 9 10.0 Urban Land Value 10.1 The project contributes to the removal of a nuisance property/use from the community. 2 1 1 10.2 The project provides relief from high urban density defined as 150% or more of county median population density. 2 1 1 10.3 The project contributes to an existing or proposed park, natural area, corridor, or greenway in an urbanized area. 2 1 1 10.4 The project involves joint-use of a site (e.g. a school yard, is a public park during off-school hours). 2 1 1 10.5 The project is sited in an area with more than 120% of the median county percent under age 18. 2 1 1 Subtotal 10 5 5 11.0 Water Resource and Quality Value 11.1 The project provides a new opportunity for substantial water conservation and/or water quality improvements 5 5 5 11.2 The project contains or improves groundwater supply and/or recharge capabilities. 5 5 5 11.3 Project includes treatment of storm water runoff. 4 4 4 362 32 Project Evaluation Criteria Program Relevance Urban Land Rivers / Tributaries Mountains / Hills 11.4 The project includes a groundwater improvement element that exceeds the recommended elements of the Comprehensive Groundwater Quality Monitoring Act of 2001. 1 1 1 11.5 The project utilizes recycled water. 1 1 1 11.6 The project utilizes cisterns or similar devices to collect and recycle rainwater on site. Project includes water conservation measures. 1 1 1 11.7 The project includes a water quality element consistent with the description of a “small or neighborhood project” as described in the Greater Los Angeles Region IRWM Plan. 3 3 3 11.8 The project includes a water quality element consistent with the description of a “medium or sub watershed project” as described in the Greater Los Angeles Region IRWM Plan. 2 2 2 11.9 The project includes a water quality element consistent with the description of a “large or multi sub watershed project” as described in the Greater Los Angeles Region IRWM Plan. 1 1 1 11.10 The project is part of a Watershed Management Plan or Enhanced Watershed Management Plan within Greater LA County 2 2 2 Subtotal 25 25 25 TOTAL POINTS 140 140 130 363 33 APPENDIX D: GRANT APPLICATION FORM RMC PROPOSITION 1 GRANT PROGRAM GRANT APPLICATION FORM 1. APPLICANT: __________________________________________________________________ 2. AGENCY:_____________________________________________________________________ 3. CONTACT: ___________________________________________________________________ 4. EMAIL/PHONE: _______________________________________________________________ 5. ADDRESS: __________________________________________________________________ 6. NAME AND TITLE OF PERSON AUTHORIZED TO EXECUTE AGREEEMENTS (if different from agency contact):____________________________________________________________________ 7. PROJECT NAME (it is recommended that you include one or more of the following terms in the project name: Acquisition, Restoration, Development, Water Quality Improvement (maximum 50 characters): ______________________________________________________________________________ ______________________________________________________________________________ 8. PROJECT DESCRIPTION (150 words or less and you may utilize the same project description as your project narrative):__________________________________________________________ _____________________________________________________________________________ 9. PROGRAM TYPE: (check ONLY ONE) ___ Urban Lands ___ Rivers/Tributary Parkways ___ Mountains, Hills and Foothills 10. PROJECT TYPE: (check all that apply) ___ Planning ___ Acquisition ___ Development ___ Open Space ___ Watershed Improvement-Water Quality ___ Watershed Improvement-Water Conservation ___ Watershed Improvement-Water Supply ___ Watershed Improvement-Water Storage ___ Wildlife Corridor ___ Wetland Habitat Restoration 11. PROJECT LOCATION: Address: __________________________________ County: _____________________________ City Council District: ________________________ County Supervisor District: _____________ State Senate District: ________________________ Parcel No(s): ________________________ State Assembly District: _____________________ Lat/Long: ____________________________ Congressional District: _______________________ 364 34 12. COMPLETE THE CALIFORNIA CONSERVATION CORPS AND CERTIFIED COMMUNITY CONSERVATION CORPS CONSULTATION PROCESS (EXHIBIT E). CHECK ONLY ONE ___ EXCEMPT, this project is a planning or acquisition project ___ YES, state the CCC that your agency is proposing to hire to complete your project, state which conservation corp your agency will be hiring: _________________________________________________ ___ NO, explain why the CCC cannot provide the services for your project (maximum of one page): _____________________________________________________________________________________ ___ OTHER, explain the Youth Employment Program (maximum of one page):______________________ 13. WILL THIS PROJECT RESULT IN NEW PARK/OPEN SPACE? ___ YES, then how many Total Acres_______________; Trail Miles________________ ___ NO 14. WILL THIS PROJECT RESULT IN NEW AREAS OF RESTORED HABITAT? ___ YES, then how many Total Acres:__________; Trail miles:__________; Riparian Linear Miles:__________; Acres of Wetlands:__________ ___ NO 15. WILL THIS PROJECT RESULT IN NEW PARK DEVELOPMENT? ___ YES, then how many Total Acres:_______________; Trail Miles________________ ___ NO 16. WILL THIS PROJECT INVOLVE AN ACQUISITION? (check all that are included in this grant application): ___ YES, then how many Total Acres:_______________; ___ Willing Seller Letter ___ Appraisal ___ Current Title Report ___ Environmental Assessments ___ NO 17. DOES YOUR PROJECT INVOLVE DEVELOPMENT/RESTORATION? (check all that apply) ___ Site Control (does your agency own the property for the proposed project) ___ Zoning Type (does your agency have the appropriate approved zoning for the proposed project) AGENCY identify permits necessary for project implementation YES NO DATE OF APPROVAL/PENDING California Fish and Wildlife State Water Control Resources Board US Army Corp of Engineers US Fish and Wildlife Los Angeles County Flood Control District City/County Construction Permits Coastal Commission Other 365 35 18. DESIGN What is the status of your project design, check the most appropriate box? ___ General project concept with no professional design work ___ Professional drafted concept design ___ Professional drafted concept design with defined task and budget line items ___ 30% construction drawings with task and budget line items ___ 60% construction drawings with task and budget line items ___ Approved construction drawings with all permits What is the status of the environmental documentation for this project, check the most appropriate box? ___ No CEQA/NEPA work initiated ___ Initial Study Completed, date of completion ____________________________ ___ Negative Declaration, date of certification _____________________________ ___ Categorically Exempt, date of certification _____________________________ ___ CEQA/NEPA in process, expected date of completion _____________________ ___ CEQA/NEPA completed, date of completion ____________________________ 19. BUDGET/FUNDING INFORMATION Amount requested:______________________ Is your funding request for the full amount necessary to complete this project? ___YES ____NO Matching Funds: ___YES, total amounts and funding agency______________________ ____NO Agency* Matching Funds TOTAL MATCHING FUNDS *include additional lines for matching funds if needed 20. TIMELINE Assuming that the RMC grant funds may be awarded in the summer 2016 what is the expected timeline for this project. Start Date: _______________________________________________________________ Completion Date: _________________________________________________________ 21. SIGNATURES Signature of Applicant:______________________________________________________________ Name and Title:____________________________________________________________________ Signature of Authorized Official:______________________________________________________ Name and Title:____________________________________________________________________ 366 36 APPENDIX E: CALIFORNIA CONSERVATION CORPS AND CERTIFIED COMMUNITY CONSERVATION CORPS CONSULTATION California Conservation Corps and Certified Community Conservation Corps Proposition 1 - Water Bond Guidelines – Chapter 6 Corps Consultation Process June 2015 This process has been developed to ensure compliance with Division 26.7 of the Water Code, Chapter 6, Section 79734 that specifies the involvement of the CCC and the certified community conservation corps (as represented by the California Association of Local Conservation Corps-CALCC). Section 79734 states “For restoration and ecosystem protection projects funded pursuant to this chapter, the services of the California Conservation Corps or a local conservation corps certified by the California Conservation Corps will be used whenever feasible.” Applicants applying for funds to complete restoration and ecosystem protection projects will consult with representatives of the California Conservation Corps (CCC) AND the California Association of Local Conservation Corps (CALCC), the entity representing the certified community conservation corps, to determine the feasibility of the Corps participation. Unless otherwise exempted (see notes below), applicants that fail to engage in such consultation should not be eligible to receive Chapter 6 funds. CCC and CALCC have developed the following consultation process for inclusion in Prop 1 – Chapter 6 project and/or grant program guidelines: Step 1: Prior to submittal of an application or project plan to the Funder, Applicant prepares the following information for submission to both the California Conservation Corps (CCC) and CALCC (who represents the certified community conservation corps): Project Title Project Description (identifying key project activities and deliverables) Project Map (showing project location) Project Implementation estimated start and end dates Step 2: Applicant submits the forgoing information via email concurrently to the CCC and CALCC representatives: California Conservation Corps representative: Name: CCC Prop 1 Coordinator Email: Prop1@ccc.ca.gov Phone: (916) 341-3207 California Association of Local Conservation Corps representative: Name: Dominique Lofton Email:inquiry@prop1communitycorps.org Phone: 916-426-9170 Step 3: Within five (5) business days of receiving the project information, the CCC and CALCC representatives will review the submitted information, contact the applicant if necessary, and respond to the applicant with a Corps Consultation Review Document (template attached) informing them: (1) It is NOT feasible for CCC and/or certified community conservation corps services to be used on the project; or 367 37 (2) It is feasible for the CCC and/or certified community conservation corps services to be used on the project and identifying the aspects of the project that can be accomplished with Corps services. Note: While the Corps will take up to 5 days to review projects, applicants are encouraged to contact the CCC/CALCC representatives to discuss feasibility early in the project development process. The Corps cannot guarantee a compliant review process for applicants who submit project information fewer than 5 business days before a deadline. Step 4: Applicant submits application to Funder that includes Corps Consultation Review Document. Step 5: Funder reviews applications. Applications that do not include documentation demonstrating that the Corps have been consulted will be deemed “noncompliant” and will not be considered for funding. NOTES: 1. The Corps already have determined that it is not feasible to use their services on restoration and ecosystem protection projects that solely involve either planning or acquisition. Therefore, applicants seeking funds for such projects are exempt from the consultation requirement and should check the appropriate box on the Consultation Review Document. 2. An applicant that has been awarded funds to undertake a project where it has been determined that Corps services can be used must thereafter work with either the CCC or CALCC to develop a scope of work and enter into a contract with the appropriate Corps. Unless otherwise excused, failure to utilize a Corps on such a project will result in Funding Entities assessing a scoring penalty on the applicant’s future applications for Chapter 6 Funds. 368 38 APPENDIX E: CONSERVATION CORPS CONSULTATION REVIEW DOCUMENT Unless an exempted project, this Corps Consultation Review Document must be completed by California Conservation Corps and Community Conservation Corps staff and accompany applications for projects or grants seeking funds through Proposition 1, Chapter 6, Protecting Rivers, Lakes, Streams, Coastal Waters and Watersheds. Non-exempt applications that do not include this document demonstrating that the Corps have been consulted will be deemed “noncompliant” and will not be considered for funding. 1. Name of Applicant: Project Title: Department/Conservancy to which you are applying for funding: To be completed by Applicant: Is this application solely for planning or acquisition? Yes (application is exempt from the requirement to consult with the Corps) No (proceed to #2) To be completed by Corps: This Consultation Review Document is being prepared by: The California Conservation Corps (CCC) California Association of Local Conservation Corps (CALCC) 2. Applicant has submitted the required information by mail, hand-delivered or email to the California Conservation Corps (CCC) and California Association of Local Conservation Corps (CALCC): Yes (applicant has submitted all necessary information to CCC and CALCC) No (applicant has not submitted all information or did not submit information to both Corps – application is deemed non-compliant) 3. After consulting with the project applicant, the CCC and CALCC has determined the following: It is NOT feasible for CCC and/or certified community conservation corps services to be used on the project (deemed compliant) It is feasible for the CCC and/or certified community conservation corps services to be used on the project and the following aspects of the project can be accomplished with Corps services (deemed compliant). ______________________________________________________________________ ______________________________________________________________________ CCC AND CALCC REPRESENTATIVES WILL RETURN THIS FORM AS DOCUMENTION OF CONSULTATION BY MAIL, HAND-DELIVERED OR EMAIL TO APPLICANT WITHIN FIVE (5) BUSINESS DAYS OF RECEIPT AS VERIFICATION OF CONSULTATION. APPLICANT WILL INCLUDE COPY OF THIS DOCUMENT AS PART OF THE PROJECT APPLICATION. 369 39 Figure 1: RMC Territory Map 370