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2019-01-15 City Council Agenda PacketPage 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, January 15, 2019, 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. PRESENTATION 1.Public Works 2019 Used Oil Calendar Awards Presentation Recommendation: No action required by City Council. This is a presentation only. 1. Contest Winners' Prize List 2.Human Resources Recognition of Retired Employee - Fernando R. Rodriguez, Police Sergeant 1 Regular City Council Meeting Agenda January 15, 2019 Page 2 Recommendation: A. Acknowledge and present a proclamation to retired employee Fernando R. Rodriguez, Police Sergeant in recognition of his dedicated service to the City of Vernon. 1. Proclamation - Fernando R. Rodriguez 3.Police Department Swear-In Ceremony Recommendation: No action required by City Council. This is a presentation only. 4.Human Resources Employee Service Pin Awards for November and December 2018 Recommendation: No action required by City Council. This is a presentation only. 1. Service Pin List for November and December 2018 5.Human Resources Presentation of 2018 City of Vernon Exceptional Employee Program (VEEP) Awards Recommendation: No action required by City Council. This is a presentation only. 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. 6.City Administration Agreement with Advanced Utility Systems for CIS Infinity Billing Software 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 Agreement with Advanced Utility Systems in an amount not to exceed $28,941 for a custom system configuration; and 2 Regular City Council Meeting Agenda January 15, 2019 Page 3 C. Authorize the City Administrator to execute Agreement with Advanced Utility Systems in substantially the same form as submitted herewith. 1. Advanced Utility Systems Agreement 7.City Administration Report on Emergency Purchase Secured by the City Administrator Recommendation: A. Find that both the filing of this report and the emergency purchase of services and repairs that are the subject of the report are exempt from California Environmental Quality Act ("CEQA") review because these activities are and were administrative activities that will not and did not result in direct or indirect physical changes in the environment and, therefore, neither activity constitutes a "project" as defined by CEQA Guidelines section 15378. B. Receive and file this report as it is being provided for informational purposes only, pursuant to Section 2.17.36 of the Vernon Municipal Code. 8.City Clerk Claim for Damages from B. Kim received on December 19, 2018. Recommendation: A. Receive and File 1. Claim for Damages: B. Kim 12-19-2018 9.City Clerk Claim for Damages from B. Lunde received January 8, 2019. Recommendation: A. Receive and File 1. Claim for Damages: B. Lunde 01-08-2019 10.City Clerk Minutes of the Regular City Council Meeting held December 18, 2018. Recommendation: A. Receive and File 1. City Council Minutes 12-18-18 11.City Clerk A Resolution Authorizing the City Clerk to Deputize One Staff Member of the Office of the City Clerk for the Purpose of Signature Attestation 3 Regular City Council Meeting Agenda January 15, 2019 Page 4 Recommendation: A. Find that the proposed action is exempt from the California Environmental Quality Act (“CEQA”), in accordance with CEQA Guidelines § 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Adopt a resolution authorizing the City Clerk to deputize one staff member of the Office of the City Clerk for the purposes of signature attestation for approved or adopted: resolutions, ordinances, contracts or agreements in the absence of the City Clerk. 1. Resolution Authorizing the City Clerk to Deputize Staff Member 12.Finance/ Treasury Approval of City Payroll Warrant Register No. 751 Covering the Period of December 01 through December 31, 2018 Recommendation: A. Approve City Payroll Warrant Register No. 751 which totals $2,947,750.23 and consists of the following: 1) Ratification of direct deposits, checks and taxes totaling $2,349,407.91. 2) Checks and electronic fund transfers (EFT) paid through General bank account totaling $598,342.32. 1. City Payroll Warrant Register No. 751 13.Finance/ Treasury Approval of Federal Funds for Street Improvements Account Warrant Register No. 25 Covering the Period of December 11 through January 07, 2019 Recommendation: A. Approve Federal Funds for Street Improvements Account Warrant Register No. 25 which totals $5,611.52 and consists of the following: 1) Ratification of electronic payments totaling $5,611.52. 1. Federal Funds for Street Improvements Warrant Register No. 25 14.Finance/ Treasury Approval of Operating Account Warrant Register No. 14 Covering the Period of December 11 through January 07, 2019 Recommendation: A. Approve Operating Account Warrant Register No. 14 which totals $16,645,865.62 and consists of the following: 1) Ratification of electronic payments totaling $16,157,632.61. 4 Regular City Council Meeting Agenda January 15, 2019 Page 5 2) Ratification of the issuance of early checks totaling $464,562.54. 3) Authorization to issue pending checks totaling $23,670.47. 1. Operating Account Warrant Register No. 14 15.Finance/ Treasury Approval of RDA Obligation Retirement Account Warrant Register No. 49 Covering the Period of November 27 through January 07, 2019 Recommendation: A. Approve RDA Obligation Retirement Account Warrant Register No. 49 which totals $9,431.56 and consists of the following: 1) Ratification of electronic payments totaling $9,431.56. 1. RDA Obligation Retirement Fund Account Warrant Register No. 49 16.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. 3 to record voided Check No. 600328 in the amount of $113.00 issued 07/17/18 to Cardozo, Angelica. 17.Fire Department Fire Department Activity Report for the Period of October 16 through October 31, 2018 Recommendation: A. Receive and file. 1. Fire Department Activity Report - 10/16/18 to 10/31/18 18.Fire Department Fire Department Activity Report for the Period of November 1 through November 15, 2018 Recommendation: A. Receive and file. 1. Fire Department Activity Report - 11/01/18 to 11/15/18 19.Police Department Vernon Police Department Activity Log and Statistical Summary for the period of 5 Regular City Council Meeting Agenda January 15, 2019 Page 6 December 1 through December 15, 2018 Recommendation: A. Receive and file. 1. Police Department Activity Report - 12/01/18 to 12/15/18 20.Police Department Vernon Police Department Activity Log and Statistical Summary for the period of December 16 through December 31, 2018 Recommendation: A. Receive and file. 1. Police Department Activity Report - 12/16/18 to 12/31/18 21.Public Utilities Amendment No. 2 to the Economic Development Incentive on Electric Service Agreement between the City of Vernon and Matheson Tri-Gas, Inc. Recommendation: A. Find that approval of the proposed action is exempt from California Environmental Quality Act ("CEQA") review, because it is an administrative and governmental fiscal activity which does not involve any commitment to any specific project and that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Approve Amendment No. 2 to the Economic Development Incentive on Electric Service Agreement between the City of Vernon and Matheson Tri-Gas, Inc., for the purpose of extending the commercial operation Commencement Date for the New Facility; and C. Authorize the City Administrator to execute Amendment No.2 to the Economic Development Incentive Agreement with Matheson Trigas, Inc., in substantially the same form as attached herewith. 1. Amendment No. 2 to the Economic Development Incentive on Electric Service Agreement Between the City of Vernon and Matheson Tri-Gas, Inc. 2. Matheson Tri-Gas, Inc. Request to Extend Commencement Date of Economic Development Incentive Agreement 22.Public Utilities License Agreement between Southern California Edison Company and the City of Vernon for the Use of Land at the Laguna Bell Substation Recommendation: A. Find that the approval requested in this staff report is exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301, because the proposed action involves the leasing of an existing public utility service facility and involves negligible or no 6 Regular City Council Meeting Agenda January 15, 2019 Page 7 expansion of the existing use; and B. Approve the proposed License Agreement with Southern California Edison Company ("SCE") for a five-year term in an amount not to exceed $1,903.01; and C. Authorize the City Administrator to execute the License Agreement with SCE, in substantially the same form as submitted herewith, with an effective date of April 1, 2019. 1. SCE License Agreement 23.Public Works Award of a Services Agreement with Webco LB, LLC for Street Sweeping Services Recommendation: A. Find that the approval of the proposed services agreement with Webco LB, LLC is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15301, Existing Facilities, part (c), existing highways and streets, because the project is merely to sweep existing streets and involves negligible or no expansion of existing use; and B. Approve the Services Agreement with Webco LB, LLC for street sweeping services for a three (3) year term and an amount not to exceed $378,000; and C. Authorize the City Administrator to execute the Services Agreement with Webco LB, LLC, in substantially the same form as submitted herewith, with an effective date of March 2, 2019. 1. Services Agreement with Webco LB LLC 24.Public Works Award of Services Agreement to Willdan Engineering for Structural Plan Check Services Recommendation: A. Find that awarding the contract to Willdan Engineering is exempt from California Environmental Quality Act (CEQA) review, because it is an administrative activity that will not result in direct or indirect physical changes in the environment, and therefore is not a “project’ as defined by CEQA Guidelines, Section 15378; and B. Approve a Services Agreement with Willdan Engineering, in substantially the same form as submitted herewith, for a one (1) year term in an amount not-to-exceed $65,000 for structural plan check services; and C. Authorize the City Administrator to execute the Services Agreement with Willdan Engineering with an effective date of January 1, 2019. 1. Services Agreement with Willdan Engineering 25.Public Works Public Works Department November 2018 Monthly Building Report 7 Regular City Council Meeting Agenda January 15, 2019 Page 8 Recommendation: A. Receive and File. 1. Public Works Department November 2018 Building Report NEW BUSINESS 26.City Administration Appointment of Eligible Individuals to Serve on the Vernon Business & Industry Commission Recommendation: A. Find that the appointment of an eligible individual to serve on the Vernon Business & Industry Commission is exempt from California Environmental Quality Act (“CEQA”) review, because they are administrative actions that will not result in direct or indirect physical changes in the environment, and therefore do not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Appoint one eligible individual to serve on the Vernon Business & Industry Commission, in a Vernon Employee/Labor Representative Seat, with a term beginning January 15, 2019 and expiring on June 30, 2022; and C. Appoint one eligible individual to serve on the Vernon Business & Industry Commission, in a Vernon Real Estate Representative Seat, with a term beginning January 15, 2019 and expiring on June 30, 2022. 1. VBIC Announcement & Interest Form 2. J. Baca Interest Form 3. J. Faust Interest Form 27.City Administration Appointment of Eligible Individual to Serve on the Vernon CommUNITY Fund Grant Committee Recommendation: A. Find that the appointment of eligible individuals to serve on the Vernon CommUNITY Fund Grant Committee is exempt from California Environmental Quality Act (“CEQA”) review, because it is an administrative action that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Appoint an eligible individual to serve on the Vernon CommUNITY Fund Grant Committee in a Vernon Area Representative Seat with a term of January 15, 2019 to June 30, 2020. 1. Announcement/Application for Vernon Area Grant Committee Appointment 2. J. Chang Completed Interest Form for VCFGC Vernon Area Representative 3. S. Ybarra Completed Interest Form for VCFGC Vernon Area Representative 8 Regular City Council Meeting Agenda January 15, 2019 Page 9 28.Human Resources Approval of the 2019 Calendar Year Medical, Dental, Vision, and Life Insurance Proposals for City Employee and Retiree Benefits Recommendation: A.. Find that approval of the proposed action is exempt from California Environmental Quality Act (“CEQA”) review, because it is an administrative activity that will not result in direct physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Approve the 2019 Calendar Year Medical, Dental, Vision, and Life Insurance Benefits as proposed; and C. Authorize the City Administrator to execute final agreements with the insurance providers based on the proposals submitted herewith. 1. City of Vernon - MES Vision Confirmation Signed 2. City of Vernon - Blue Shield Confirmation Signed 3. City of Vernon - Mutual of Omaha Confirmation Signed 4. City of Vernon - MetLife Confirmation Signed 29.Public Utilities A Resolution Approving and Authorizing the Execution of a Service Level Agreement for Upstream Internet Access Services with Broadband, LLC Recommendation: A. Find that approval of the proposed action in this staff report is exempt under the California Environmental Quality Act ("CEQA"), because it is a governmental administrative activity that will not have any effect on the environment and is therefore not a “project” as that term is defined by CEQA Guidelines section 15378; and B. Adopt a Resolution approving and authorizing the execution of a Service Level Agreement for Upstream Internet Access Services with Broadband, LLC, in the not to exceed amount of $130,000; and C. Approve additional funds in the amount of $22,000 to cover the month to month charges due between the period of October 2018 through February 2019. 1. Resolution Approving and Authorizing the Execution of a Service Level Agreement with Broadband 30.Public Utilities License and Software Services Agreement with Power Settlements Consulting and Software, LLC for Settlement Software Services Recommendation: 9 Regular City Council Meeting Agenda January 15, 2019 Page 10 A. Find that (a) settlement software services agreement between the City of Vernon and Power Settlements Consulting and Software, LLC is not in reference to a “project” subject to the California Environmental Quality Act (“CEQA”) under Guidelines section 15378 because it involves the continuing administrative activity of procurement of LICENSE AND SOFTWARE Services; and (b) even if this approval were a “project” subject to CEQA, the approval requested is exempt in accordance with CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment, and any construction that may occur by a private party in the future in reliance on this approval would be subject to CEQA review by another governmental agency at that time when actual details of any physical proposal would be more than speculative; and B. Approve the License and Software Services Agreement with Power Settlements Consulting and Software, LLC for Settlement Software Services for a perpetual software license with support and maintenance fees in the total amount of $326,818 for a three (3) year term; and C. Authorize the City Administrator to execute the License and Software Services Agreement, in substantially the same form as submitted herewith, with an effective date of February 1, 2019. 1. Power Settlements Software License Agreement 2. Settlement Software Request for Proposals 3. Power Settlements Consulting and Software, LLC Proposal ORAL REPORTS City Administrator Reports - brief reports on activities and other brief announcements. City Council Reports - brief AB1234 reports, or reports on: activities, announcements, or directives to staff. CLOSED SESSION 31.City Attorney CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation. Government Code Section 54956.9(d)(2) Number of potential cases: 3 32.City Attorney CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION Government Code Section 54956.9(d)(1) Jimenez v. City of Vernon, et al. Los Angeles Superior Court, Case No. BC717856 10 Regular City Council Meeting Agenda January 15, 2019 Page 11 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 date set forth on this agenda. Dated this 10th day of January, 2019. By: ________________________________ Maria E. Ayala City Clerk 11 City Council Agenda Item Report Agenda Item No. COV-416-2018 Submitted by: Claudia Arellano Submitting Department: Public Works Meeting Date: January 15, 2019 SUBJECT 2019 Used Oil Calendar Awards Presentation Recommendation: No action required by City Council. This is a presentation only. Backgroud: Annually, an art contest is held for the Vernon City Elementary School Fifth Grade students. Works of art from the contest are used in the City of Vernon's Used Oil Recycling Calendar. Winning artwork from 12 students will be included in this year's calendar. The Fifth Grade class, Teachers, and the school Principal will be in attendance for the awards presentation for the 12 student-winners, and special recognition of each student participating in this year’s contest, as well as the generous Vernon Businesses that sponsored this contest. The Business sponsors provide funds for the printing of the calendars, students' trophies and prizes. The following students' artwork is featured on the 2019 City of Vernon Used Oil Recycling Calendar Contest: Giovanni Martinez Alizay Vazquez Jayla Lopez Alexa Gonzalez-Hernandez Briana Barajas Adryn Corea Michelle Lopez Katering Sanchez Abigail Mitchell Brianna Barrera Monica Melchor Cynthia Miranda The talented prize winners of this year’s artwork contest are: Second Prize: Jayla Lopez First Prize: Alizay Vazquez Grand Prize: Giovanni Martinez We are also recognizing the 5th grade teachers and Principal from the Vernon City Elementary School for their support of the Used Oil Calendar Program: 12 Mrs. Quon Mr. Trujillo Principal Diane Espino In addition, we will be presenting appreciation plaques to the following businesses for supporting the program and providing the funds for the calendar printing, gifts and medals: PRINTING SPONSOR Smithfield Foods, Inc. PLATINUM SPONSOR Baker Commodities GOLD SPONSOR World Oil SILVER SPONSORS C.R. Laurence Co., Inc. Torrance Logistics Company LLC Strategic Materials Alpert & Alpert BRONZE SPONSOR Athens Disposal Company, Inc. Fiscal Impact: There is no fiscal impact. All costs incurred in this program are covered by generous donations from Vernon Businesses. A grant received for $5,000 from CalRecycle is used to manage the program and is applied to the contract between the City and KJ Services Environmental Consulting annually. ATTACHMENTS 1. Contest Winners' Prize List 13 2019 City of Vernon Used Oil Art Contest Winners’ Prize List Honorable Mention Prize winners will each receive the following: Award Medal 2 Regal Movie Theater Tickets $25 McDonald’s Gift Card $25 Target Gift Card Honorable Mention Winners: Alexa Gonzalez-Hernandez Briana Barajas Adryn Corea Michelle Lopez Katering Sanchez Abigail Mitchell Brianna Barrera Monica Melchor Cynthia Miranda Our 2nd Prize and 1st Prize winners will each receive the following: Award Medal 2 Regal Movie Theater Tickets $25 McDonald’s Gift Card $50 Target Gift Card 2nd Prize Winner – Jayla Lopez 1st Prize Winner – Alizay Vazquez Our 2019 Grand Prize winner will receive the following: Award Medal 2 Regal Movie Theater Tickets $25 McDonald’s Gift Card $75 Target Gift Card Grand Prize Winner – Giovanni Martinez 14 Teachers Mrs. Quon & Mr. Trujillo will each receive a $250 Staples Gift Card Principal Diane Espino will receive a $250 Staples Gift Card Thank you to our 2019 Used Oil Calendar Poster Sponsors: Bronze Sponsor: Athens Disposal Company, Inc. Silver Sponsors: CR Laurence Torrance Logistics Strategic Materials Alpert & Alpert Gold Sponsors: World Oil Platinum Sponsor: Baker Commodities Printing Sponsor: Smithfield Foods 15 City Council Agenda Item Report Agenda Item No. COV-14-2019 Submitted by: Lisette Grizzelle Submitting Department: Human Resources Meeting Date: January 15, 2019 SUBJECT Recognition of Retired Employee - Fernando R. Rodriguez, Police Sergeant Recommendation: A. Acknowledge and present a proclamation to retired employee Fernando R. Rodriguez, Police Sergeant 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. Fernando R. Rodriguez, Police Sergeant retired from the City of Vernon on December 24, 2018, after providing over thirty-two (32) years of service to the City. During his career with the City of Vernon, Police Sergeant Rodriguez held the following positions: Hired as a Police Cadet on May 19, 1986, Police Officer, effective November 3, 1986 and Police Sergeant, effective August 2, 1998. Police Sergeant Rodriguez completed 2,411 hours of training throughout his career which included but not limited to the following: Arrest and Control, Tactical Communications, Advanced Firearms and Rifle Courses, Filed Training Program Management, Leading for Performance/Productivity/and Morale, Assertive Supervision, Homicide Investigations, Major Assault Crimes Investigations, Field Training Officer, Crime Scene Investigation, and several Supervisory and Advanced Officer Courses. During his career Police Sergeant Rodriguez earned the following certifications: Basic POST Certificate: December of 1987 Intermediate POST Certificate: October of 1992 Advanced POST Certificate: November of 1995 Supervisory POST Certificate: August of 2000 Sergeant Rodriguez served the Vernon Police department in various capacities including the following: Patrol Officer Field Training Officer Detective Patrol Sergeant Detective Bureau Sergeant Vernon Police Officers Association President Warrant Team Sergeant Field Training Officer Coordinator 16 Community Service Officer Coordinator While maintaining his commitment to our police department, Police Sergeant Rodriguez also gives back to our local community as a Defensive Coordinator for the Montebello High School’s Varsity Football team. Police Sergeant Rodriguez’ impact on the kids he coaches and the community he serves are a positive reflection of our Department. During his over 32-year career with the City of Vernon, Police Sergeant Rodriguez was a dedicated employee and is well respected by his co-workers and line personnel. He served the community in an exemplary manner. Police Sergeant Rodriguez was hired on May 19, 1986, and meets the eligibility requirements under CalPERS to retire from the City of Vernon effective December 24, 2018. Fiscal Impact: There is no additional fiscal impact on the current operating budget as a result of this recommended action. ATTACHMENTS 1. Proclamation - Fernando R. Rodriguez 17 p. ~ t F 7 4 ~r .d ~ A° g _..y~ , ~ Y tr ~f t ~{ q~ yE '~'1 - ~ ~ ~R ~-, ~° t 'T `}~,fi AN,1r.~ ~ r I ~,~~i ~. ~~(1 .(ate w¢~ ~ } 711` ~ 3 j ~ ,r 6..~ 3 d e~ A PROCI~IMA TION OF THE MA YOR AND THE CITY COUNCIL OF THE CITY OF VERNON COMMENDING FERNANDO R. RODRIGUEz FOR HIS MANY YEARS OF SER VICE TO THE CITY OF VERNON I-VHEKF~S, Fernando Kodri~ue~ h~z~~ been employed by the City of Vernon ~~ince May 79, 7986, end ha~- faithfully served the City of Vernon for over 32year~~ rind I,VHEKEAS, Fernando I~odrigue~ has retired from the City of Vernon ~ective December 24, 2078, as a Police Sergeant; and I~HEKEAS, during the cour~~e of hi~~ employment with the City of Vernon, Fernando Ko~'rigueti held the ~iofition~- of Police Cadet, Police O~cer and Police Sergeant; and I~HEKF~.S, Fernando I~odrigueti completed 2,4 7 7 hours of training throughout hi~~ career which included Arrest and Control, Tactical Communication~~, Advanced Firearm~~ and ~fle Courre~; Field Training Program Management, Leading for Performance/Productivity/and Morale, l~~-.rertive Supervi~~ion, Homiczde Inve.rtigation~~, MajorA.rrault Crimes Inve~~tigation~~, Field Training O~cer, Crime Scene Inve~-tigation, and several Supervi~~ory cznd ~dvance~l O~cer Course~~ and I~VHEI~FAS, during hip- career, Fernando .K.odrigue~, earned ce~tification.r in 13a.ric POST, Intermediate POST, Advanced POST, and a SuperUi~-ory POST; and I-VHEI~FAS, .Fernando Kodrigue~ al~~o ~~erved the Vernon Police Department in vuriou~~ capr~cztie~- ~-uch as Patrol O~cer, Field Training O~cer, Detective, Patrol Sergeant, Detective Bureau Sergeant, Vernon Police O~cer~~' Benefit.A~~soczation Pre~~ident, i~arrant Team Sergeant, Field Training O~cer Coordinator and Community Service O~cer Coordinator; and I-VHEI~FAS, z~irring hi~~ long and di.rtingui~~hed career with the City of Vernon, Fernando I~odrigueti has ivon the deepe~~t respect of his colleagues through his leader~~hip and hi~~ many contributions to the City; and I~HEI~EAS, it i~- an honor to express- our appreciation to .Fernando Kodrigueti for hip' exemplary ~~ervice to the City of Vernon and ~i~~h Fernando food health upon hi~~ retirement and for continued succe.r~~ in life's pur~~uitr; and I~HEKF~IS, the Mayor and the City Council of the City of Vernon, on behalf of its employees, residents and hu~~inef~~e.r, ivi~•h to commend and thank Fernando Aodrigiteti for his many years of ~~ervice to the City and invite recognition of hip- contributions and achievements. CVO I~ THE.AEFORE, THE MAYOR AND THE CITY CO UNCIL OF THE CITY OF VEANOI~T, ON BEH~ILF OF ITS EMPLOYEES, KESIDENTS ~11VD B USIIVESSES HE~.EBY COMMENDS FEKI~I~NDO K. AODKIGUEZ FOK. HIS ~l~~IVY YE~F~S' OF SEI~VICE TO THE CITY. THIS P1~OCL~~VI~TION IS BEING PRESENTED TO FEK~T.~NDO R KODKIGUEZ .BY THE HO.NOKABLE M~YOI~ YVETTE I~OOD~UFF-PEAEZ FOl~ AND ON BEI-IAL,F OF THE CITY COUNCIL OF THE CITY OF VEKNON THIS 75th D.~Y OF J~NUAKY TI-YIO THOUSAND AND NINETEEN. CITY OF VEK~TO~T YVETTE I~TVOODKUFF-PE13EZ, Mayor 18 City Council Agenda Item Report Agenda Item No. COV-17-2019 Submitted by: Robert Sousa Submitting Department: Police Department Meeting Date: January 15, 2019 SUBJECT Swear-In Ceremony Recommendation: No action required by City Council. This is a presentation only. Backgroud: Due to retirements of police sworn personnel, there are a few Police Officer vacancies in the Patrol Division. Leaving these positions vacant would have a significant impact on the necessary patrol deployment levels and would also increase overtime costs to cover staff shortages. To fill the vacancy, the Police Department conducted a recruitment process. Based on a review of the qualifications of each eligible candidate and an extensive background investigation, it was determined that Justin Cortez, a lateral Police Officer, is the best qualified candidate for the position of Police Officer. Fiscal Impact: There is no fiscal impact to the City general budget as this position is included in the 2018-2019 police budget. ATTACHMENTS  19 City Council Agenda Item Report Agenda Item No. COV-22-2019 Submitted by: Veronica Avendano Submitting Department: Human Resources Meeting Date: January 15, 2019 SUBJECT Employee Service Pin Awards for November and December 2018 Recommendation: No action required by City Council. This is a presentation only. Backgroud: Submitted herewith is a list of employees who are eligible to receive their service pin based on the number of service years with the City of Vernon. Fiscal Impact: None. ATTACHMENTS 1. Service Pin List for November and December 2018 20 NOVEMBER ANNIVERSARY EMPLOYEE'S NAME DEPARTMENT TITLE D.O.H YEARS Michael J. Docherty Police Police Officer 11/15/1993 25 Ana E. Quinones Police Police Officer 11/16/1998 20 Victor M. Enciso Jr.Public Works Senior Mechanic 11/12/2013 5 Adrian Loya Public Works Street Maintenance Worker 11/12/2013 5 DECEMBER ANNIVERSARY EMPLOYEE'S NAME DEPARTMENT TITLE D.O.H YEARS Eugenio Cerda Police Police Officer 12/14/1998 20 Viet Nguyen Public Utilities Electrical Engineer 12/15/2003 15 Edwin Ochoa Public Utilities Utilities Dispatcher 12/1/2008 10 Octavien Ngarambe Public Utilities Resource Planner 12/3/2013 5 2018 SERVICE PIN LIST 21 City Council Agenda Item Report Agenda Item No. COV-25-2019 Submitted by: Michael Earl Submitting Department: Human Resources Meeting Date: January 15, 2019 SUBJECT Presentation of 2018 City of Vernon Exceptional Employee Program (VEEP) Awards Recommendation: No action required by City Council. This is a presentation only. Backgroud: Employee recognition programs are designed to motivate, recognize, and reward outstanding employee excellence and public service. The VEEP Awards Program was created and approved by City Council in 2015 to recognize excellence in the areas of quality service, process improvement, and teamwork. In creating a high-performance workplace, recognition is a motivating factor that: •Provides employees with job satisfaction and encouragement to perform their jobs more effectively. •Provides excellent motivators that are critical to employee retention. •Provides employees with appreciation for their efforts and reinforces that their work is valuable. •Contributes to the overall objectives and effective operations of the City of Vernon. •Promotes good employee relations. •Improves morale and increases productivity. A selection committee comprised of department representatives evaluated nominees based on the criteria below, in three (3) award categories; Employee of the Year, Team Award and Cost-Savings Idea of the Year. •Exhibited excellence in public service and to serving the City of Vernon businesses, customers and workforce. Evidence of excellence in service should be demonstrated by communication skills, problem solving, customer focus, and such people metrics as responsiveness, helpfulness, knowledge, courtesy and accessibility. •Sustained excellence in productivity and consistent quality of work. •Demonstrated high degree of initiative above and beyond the normal performance responsibilities. •Outstanding participation in the development of a program that has benefited the City (new procedure or process which effectively increased efficiency in operations, public service, or improves cost savings). 22 •Displayed outstanding leadership qualities through teamwork, promoting employee morale and cooperation and respectful treatment of others. Winners were announced at the annual employee service awards dinner held on December 13, 2018. Winners receive the following: The two individual winners will receive: •A plaque presented by the City Council at a Council meeting. •One-day Employee Leave. •$100 Gift Certificate. •Recognition at Employee Service Awards Dinner. •Recognition in the Employee Newsletter. The team winners will receive: •A plaque presented by the City Council at a Council meeting. •Two (2) movie tickets. •Choice of Luncheon or Breakfast for award recipients. •Recognition at Employee Service Awards Dinner. •Recognition in the Employee Newsletter. City Council will present VEEP perpetual plaque awards to each of the category winners listed below for the 2018 calendar year: 2018 VEEP Award Winners Cost-Savings Idea: Rafael Castellanos Team Award:Gas Division Employee of the Year:Don Quiroz Fiscal Impact: The approximate cost of the 2018 Vernon Exceptional Employee Program (VEEP) Awards is $2,000.00 and is included in the Human Resources Departmental line item budget for fiscal year 2018-2019. ATTACHMENTS  23 City Council Agenda Item Report Agenda Item No. COV-415-2018 Submitted by: Alexis Amado Submitting Department: City Administration Meeting Date: January 15, 2019 SUBJECT Agreement with Advanced Utility Systems for CIS Infinity Billing Software 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 Agreement with Advanced Utility Systems in an amount not to exceed $28,941 for a custom system configuration; and C. Authorize the City Administrator to execute Agreement with Advanced Utility Systems in substantially the same form as submitted herewith. Backgroud: The IT Division is requesting an agreement for custom system configuration from Advanced Utility Systems for the CIS Infinity billing software used by the Vernon Public Utilities Department. The software has been used in the City since 2005. The custom system configuration is needed due to the passing of Measure R last year, which changed the Utility User Tax (UUT) rate from 1% to 6 % for all customers, exempting all residential accounts and providing a 5% tax credit on all utilities to offset the increase. The system configuration changes made by Advanced Utility Systems, will allow for Vernon internal staff to increase or decrease the UUT credit in the future. These changes are currently already in effect in the City’s CIS Infinity Version 2, but need to be implemented on the CIS Infinity Version 4, to which the City is currently in the process of upgrading. The change from CIS Infinity Version 2 to Version 4 was requested from Advanced Utility Systems due to terminating support for the CIS Infinity Version 2. Once all Advanced Utility Systems clients are off of the CIS Infinity Version 2, Advanced Utility Systems will no longer support that version. The proposed agreement with Advanced Utility Systems is exempt from competitive bidding and competitive selection under the sole source exemption outlined in Section 2.17.12(a)(2) of the Vernon Municipal Code and has been reviewed and approved as to form by the City Attorney’s Office. Currently, the City has an existing contract with Advanced Utilities for Support and Maintenance in the amount of $114,791 which expires in June 2019. As a result, the proposed agreement in the amount of $28,941 with Advanced Utilities for the CIS Infinity Version 4 upgrade and custom system configuration will surpass the $100,000 threshold established in the Vernon Municipal Code (VMC). It is, therefore, required that staff present the proposed agreement referenced in this staff report to City Council for approval, pursuant to Section 2.17.02 (B) of the VMC. Fiscal Impact: 24 As previously stated, Advanced Utilities currently provides the City with Support and Maintenance services, a contract value of $114,791.74. The cost for the custom system configuration in the proposed agreement is estimated to be $40,000; however, the City has a credit from Advanced Utility of $11,059.00 which will offset the $40,000 cost, thereby reducing the custom configuration total to $28,941.00. The combined total for both Advanced Utility agreements is $143,732.74. The proposed expenditure was not budgeted; however, funds are available in the current Information Technology budget under account 011.9019.590110. ATTACHMENTS 1. Advanced Utility Systems Agreement 25 1 MASTER PROFESSIONAL SERVICES AGREEMENT THIS MASTER PROFESSIONAL SERVICES AGREEMENT made as of the 3rd day of December, 2018 (the “Effective Date”). BETWEEN: ADVANCED UTILITY SYSTEMS, A DIVISION OF N. HARRIS COMPUTER CORPORATION (“HARRIS”) - and - City of Vernon (“Organization”) WHEREAS: a) The Organization wishes retain Harris to perform certain professional services as set out herein; and b) Harris has agreed to provide such services on the terms and conditions set out in this Agreement. NOW THEREFORE, in consideration of the mutual covenants set out in this Agreement and for other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the parties agree as follows: 1. Term. This Agreement shall commence on the Effective Date and shall continue for a period of one (1) year (the “Initial Term”). Thereafter, this Agreement will automatically renew for up to two (2) additional one (1) year periods (each a “Renewal Term”). The Initial Term and the Renewal Terms shall collectively be referred to as the “Term”. 2. Services. a) Statement(s) of Work. The parties shall execute a Statement of Work for each project, which shall be attached hereto as Schedule “A”, Schedule “B”, and so on as required by Organization and agreed to by the parties. Each Statement of Work will be subject to the terms and conditions of this Agreement. In the event of conflict between this Agreement and any Statement of Work executed by the parties, the terms of this Agreement shall prevail. b) Harris’s Obligations. Harris shall use commercially reasonable efforts to provide the 26 2 professional services set out in the applicable Statement of Work (the “Services”). c) Organization’s Obligations. To enable Harris to perform the Services, Organization agrees to provide the following to Harris: i. Information relative to Organization’s hardware and software required for Harris to provide its Services; ii. Access to and use of Organization’s facilities, equipment, hardware and software required by Harris to perform the Services; iii. Personnel and assistance as is reasonably required to enable Harris to perform the Services; and iv. A representative with authority to approve the plans and deliverables described in the applicable Statement of Work if so required. d) Ownership. Organization may retain a PDF copy of any reports or other deliverables provided by Harris to Organization as part of the Services (“Deliverables”), however Harris is and shall remain the owner of all copyright, patents, trademarks, trade secrets and other intellectual property rights. 3. Fees. a) Fees. In consideration of providing the Services, Organization agrees to pay the fees set out in the applicable Statement of Work (the “Fees”) to Harris. Fees are subject to increase based on Harris’s then-prevailing policies, terms and fees related to pricing and hourly rates. b) Invoices. During the term of this Agreement, Harris shall deliver invoices to Organization. Unless otherwise stated in the applicable Statement of Work, each invoice delivered to Organization by Harris shall be due and payable upon receipt thereof by Organization. c) Taxes. The Fees are exclusive of taxes. Organization agrees to pay all applicable sales and use taxes, if any (excluding taxes on HARRIS’s net income) (“Taxes”) unless it provides HARRIS with a tax exemption certificate acceptable to the applicable taxing authorities. 4. Warranty Warranty. Harris warrants that the Services will be performed in a professional and diligent manner by personnel who are competent in performing their individual tasks. DISCLAIMER. TO THE GREATEST EXTENT PERMITTED BY LAW, EXCEPT FOR THE LIMITED WARRANTY PROVIDED IN SECTION 4(a), THE SERVICES ARE PROVIDED TO THE ORGANIZATION “AS IS” AND THERE ARE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. 27 3 HARRIS DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING THE SERVICES AND ANY MATERIALS PROVIDED HEREUNDER OR IN CONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. HARRIS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES SHALL MEET ANY OR ALL OF THE ORGANIZATION’S PARTICULAR REQUIREMENTS. NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT SHALL BE BINDING ON EITHER PARTY UNLESS IN WRITING AND SIGNED BY AN AUTHORIZED SIGNING OFFICER OF HARRIS. 5. Termination a) Termination. This Agreement may be terminated as follows: i. In addition to any other rights and remedies available to it, either party may immediately terminate this Agreement in the event of material breach by the other party of its obligations and that breach is not cured within thirty (30) days of receipt of written notice to that effect; ii. Either party may terminate this Agreement effective immediately upon written notice to the other party if the other party: (i) becomes insolvent; (ii) becomes the subject of any proceeding under any bankruptcy, insolvency or liquidation law, whether domestic or foreign, and whether voluntary or involuntary, which is not resolved favorably to the subject party within ninety (90) days of commencement thereof; or (iii) becomes subject to property seizure under court order, court injunction or other court order which has a material adverse effect on its ability to perform hereunder. b) Effects of Termination. In the event of termination of this Agreement Organization shall immediately pay all outstanding undisputed Fees and other undisputed amounts owing to HARRIS under this Agreement; and 6. Limitation of Liability TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, HARRIS, ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND SHAREHOLDERS’ ENTIRE LIABILITY AND ORGANIZATION’S EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ANY OTHER PRODUCTS, MATERIALS SUPPLIED BY HARRIS IN CONNECTION WITH THIS AGREEMENT FOR DAMAGES FOR ANY CAUSE AND REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING FUNDAMENTAL BREACH, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED IN 28 4 THE AGGREGATE AN AMOUNT THAT IS EQUAL TO THE FEES PAID TO HARRIS BY ORGANIZATION PURSUANT TO THE RELEVANT STATEMENT OF WORK. IN NO EVENT SHALL EITHER PARTY, THEIR RESPECTIVE AFFILIATES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND SHAREHOLDERS, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO FOR LOST REVENUE OR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, FAILURE TO REALIZE EXPECTED SAVINGS, OR COST OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE LIKELIHOOD OF THE OCCURRENCE OF SUCH LOSS OR DAMAGE OR SUCH LOSS OR DAMAGE IS FORSEEABLE AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 7. Confidential Information a) Definition. Each party acknowledges that it may receive Confidential Information from the other party or otherwise in connection with this Agreement. “Confidential Information” means all information or material that the disclosing party treats as confidential and any information relating to third parties that the disclosing party has an obligation to treat as confidential, which is disclosed by or obtained by a party in connection with this Agreement, whether such information is in oral, written, graphic or electronic form, which: is (A) marked "Confidential," "Restricted," or "Proprietary Information" or other similar marking, (B) known by the parties to be considered confidential or proprietary, or (C) which should be known or understood to be confidential or proprietary by an individual exercising reasonable commercial judgment in the circumstances. Confidential Information does not include information to the extent that such information: (i) is or becomes generally known to the public by any means other than a breach of the obligations of a receiving party hereunder; (ii) was previously known to the receiving party as evidenced by its written records; (iii) is rightly received by the receiving party from a third party who is not under an obligation of confidentiality; or (iv) is independently developed by the receiving party without reference to or use of the other party's Confidential Information which such independent development can be established by evidence that would be acceptable to a court of competent jurisdiction. b) Confidentiality Obligations. Each of the parties agrees: i. to maintain the Confidential Information of the other party in confidence and to take all reasonable steps, which shall be no less than those steps it takes to protect its own confidential and proprietary information, to protect the Confidential Information of the other party from unauthorized use, disclosure, copying or publication; ii. not to use the Confidential Information of the other party other than in the course of exercising its rights or performing its obligations under this Agreement; iii. not to disclose or release such Confidential Information except to the extent required by applicable law or during the course of or in connection with any litigation, arbitration or other proceeding based upon or in connection with the subject matter of this Agreement, 29 5 provided that the receiving party shall first give reasonable notice to the disclosing party prior to such disclosure so that the disclosing party may obtain a protective order or equivalent and provided that the receiving party shall comply with any such protective order or equivalent; iv. not to disclose or release such Confidential Information to any third person without the prior written consent of the disclosing party, except for authorized employees or agents of the receiving party who have a need to know such information for the purpose of performance under this Agreement and exercising its rights under this Agreement, and who are bound by confidentiality obligations at least as protective of the disclosing party’s Confidential Information as this Agreement; and v. to take such actions as may be reasonably necessary to enforce its agreements with its employees and agents, including commencing legal proceedings. 8. General a) Mediation. The parties agree to submit any claim, controversy or dispute arising out of or relating to this Agreement or the relationship created by this Agreement to non-binding mediation before bringing a claim, controversy or dispute in a court or before any other tribunal. The mediation is to be conducted by either an individual mediator or a mediator appointed by mediation services mutually agreeable to the parties. Such mediator shall be knowledgeable in software system agreements. The mediation shall take place at a time and location which is also mutually agreeable; provided; however, in no event shall the mediation occur later than ninety (90) days after either party notifies the other of its desire to have a dispute be placed before a mediator. The costs and expenses of mediation, including compensation and expenses of the mediator (and except for the attorney’s fees incurred by either party), is to be shared by the parties equally. If the parties are unable to resolve the claim, controversy or dispute within ninety (90) days after the date either party provides the other notice of mediation, then either party may bring and initiate a legal proceeding to resolve the claim, controversy or dispute unless the time period is extended by a written agreement of the parties. Nothing in this Section shall inhibit a party’s right to seek injunctive relief at any time. b) Notice. Any notice required or permitted to be given to any party to this Agreement shall be given in writing and shall be delivered personally, or mailed by prepaid registered post or courier to the appropriate address set out below. Any such notice shall be conclusively deemed to have been given and received on the day on which it is delivered or transmitted, if personally delivered or, if mailed, on the third business day following the date of mailing, and addressed, in the case of HARRIS, to: N. HARRIS COMPUTER CORPORATION 2235 Sheppard Avenue East, Suite 1400, Toronto, Ontario M2J 5B5 Attention: Peter Fanous Telephone: 416-496-0149 ext. 231 Email: pfanous@advancedutility.com 30 6 and in the case of Organization, to: City of Vernon 4305 Santa Fe Avenue Attention: Alexis Hwang Telephone: 323-583-8811 ext. 224 Each party may change its particulars respecting notice, by issuing notice to the other party in the manner described in this Section 7(b). c) Assignment. Neither party may assign any of its rights or duties under this Agreement without the prior written consent of the other party, such consent not to be unreasonably withheld, except that either party may assign to an affiliate of such party or to successor entity in the event of its dissolution, acquisition, sale of substantially all of its assets, merger or other change in legal status. The Agreement shall inure to the benefit of and be binding upon the parties to this Agreement and their respective successors and permitted assigns. d) Entire Agreement. This Agreement shall constitute the entire agreement between the parties hereto with respect to the matters covered herein. No other understandings, agreements, representations, warranties or other matters, oral or written, purportedly agreed to or represented by or on behalf of Harris by any of its employees or agents, or contained in any sales materials or brochures, shall be deemed to bind the parties hereto with respect to the subject matter hereof. Organization acknowledges that it is entering into this Agreement solely on the basis of the representations contained herein. The terms of this Agreement may not be changed except by an amendment signed by an authorized representative of each party. No provisions in any purchase orders, or in any other documentation employed by or on behalf of the Organization in connection with this Agreement, regardless of the date of such documentation, will affect the terms of this Agreement, even if such document is accepted by Harris, with such provisions being deemed deleted. e) Governing Law. This Agreement shall be governed by the laws of the State of California, USA. This Agreement excludes that body of law applicable to choice of law, the Uniform Commercial Code and the United Nations Convention on Contracts for the International Sale of Goods (UNCCISG and any legislation implementing such Convention), if otherwise applicable. f) Trial by Jury. Organization and Harris hereby waive, to the fullest extent permitted by applicable law, the right to trial by jury in any action, proceeding or counterclaim filed by any party, whether in contract, tort or otherwise, relating directly or indirectly to this Agreement or any acts or omissions of Harris in connection therewith or contemplated thereby. g) Severability. The invalidity or unenforceability of any provision or covenant contained in this Agreement shall not affect the validity or enforceability of any other provision or covenant herein contained and any such invalid provision or covenant shall be deemed 31 7 modified to the extent necessary in order to render such provision valid and enforceable; if such provision may not be so saved, it shall be severed and the remainder of this Agreement shall remain in full force and effect. h) Waiver. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. i) Counterparts. This Agreement may be executed in counterparts (whether by facsimile or PDF signature or otherwise), each of which when so executed shall constitute an original and all of which together shall constitute one and the same instrument. j) Relationship. The parties are and shall at all times remain, independent contractors in the performance of this Agreement and nothing herein shall be deemed to create a joint venture, partnership or agency relationship between the parties. Neither party will have the power to bind the other party or to contract in the name of or create any liability against the other party in any way for any purpose. Neither party will be responsible for the acts or defaults of the other party or of those for whom the other party is in law responsible. k) Allocation of Risk. Organization acknowledges that the limited warranties, disclaimers and limitations of liability contained in this Agreement are fundamental elements of the basis of bargain between Organization and Harris and set forth an allocation of risk reflected in the fees and payments due hereunder. l) Force Majeure. No default, delay or failure to perform on the part of Harris shall be considered a breach of this Agreement where such default, delay or failure is due to a force majeure or to circumstances beyond its control. Such circumstances will include, without limitation, strikes, riots, civil disturbances, actions or inactions concerning government authorities, epidemics, war, terrorist acts, embargoes, severe weather, fire, earthquakes, acts of God or the public enemy or default of a common carrier or other disasters or events. m) Survival. The following sections and articles shall survive the termination or expiration of this Agreement: Sections 2(c), 3, 4, 5(b), 6-8 and any other provisions which are required to ensure that the parties fully exercise their rights and obligations hereunder. 32 8 IN WITNESS WHEREOF the parties hereto have duly executed this Agreement to be effective as of the Effective Date. N. HARRIS COMPUTER CORPORATION By: Name: Title: CITY OF VERNON By: Name: Title: 33 9 SCHEDULE “A” Statement of Work and Fees 34 10 Quote Client City of Vernon Client Contact Anthony Serrano Reference Number AT22028 Prepared By Yusuf Jiwajee May Yang Quote Effective Date December 3rd, 2018 Client PO Description Statement of Work: Utility User Tax Rate Change Estimate The costs related to successfully completing the SOW is estimated to be $40,000.00 USD. However, the City of Vernon has a credit amount of $11,059.00 USD from the Customized Reports portion of the V4 Upgrade (UP9) which will be applied to this SOW resulting in a total cost of $28,941.00 USD. Client Description City of Vernon is requesting a statement of work to provide the services that would increase the Utility User Tax (UUT) from 1% to 6% for all customers exempting all Residential accounts and also provide a 5% tax credit on all utilities to offset the increase. The UUT credit will be changeable by Vernon’s internal staff for the future rate decreases or increases. These changes will be effective as Vernon goes Live in CIS Infinity V4. Proposed Solution  Modify existing bill codes to raise the Utility User Tax (UUT) from 1 % to 6% for all bill codes and services except all Residential accounts, in Vernon’s V4 system:  Electric: EC1 (2Seasonal rates), EC2, ED1, EI1 (4Seasonal rates), EI2 (4Seasonal rates), EI3 (4Seasonal rates), EI4 (4Seasonal rates), EI5 (4Seasonal rates), EI7 (4Seasonal rates), EI8 (4Seasonal rates), EO2, ET1  Street Light: L17, L18, L19, L20  Fire: FM1, FM2, FM3, FM4, FM5, FS2  Water: WC1, WC3, WM1, WM2, WM3, WM4, WM5, WM6, WM7, WM8, WM9, WR1 Gas: GS1, GS2, G01, G02, G03, G04  Create credit elements for the newly affected bill codes to receive a 5% credit to offset UUT increase which will affect all except Residential customers:  Electric: EC1 (2Seasonal rates), EC2, ED1, EI1 (4Seasonal rates), EI2 (4Seasonal rates), EI3 (4Seasonal rates), EI4 (4Seasonal rates), EI5 (4Seasonal rates), EI7 (4Seasonal rates), EI8 (4Seasonal rates), EO2, ET1  GL numbers to use are the following: 35 11  055.7100.401000-L&P: Utility Users Tax  020.1084.401000-Water: Utility User Tax  056.5600.401000-Gas: Utility Users Tax  055.7100.450012-L&P: Discount on Sales (use this G/L for the Vernon Credit)  10 hours will be allotted to review and modify the current Bill Print template to accommodate the new request  Bill Print will only show 1% increase in the Utility User Tax rate Assumptions The following lists the assumptions made for this specific SOW:  City of Vernon will make the necessary changes for the Utility User Tax Rate on the V2 system  Configuration for this SOW will be only in CIS V4  Advanced, under this SOW will lead and perform the required activities to implement this SOW  If advised by Advanced, City of Vernon will complete a refresh of their TEST environment prior to the commencement of work under this SOW  City of Vernon is responsible to test the outcome of the changes and ensure that Advanced is promptly advised of any changes that may be required  Notice of cancellation of work under this SOW must be received in writing  City of Vernon is responsible for the payment of any/all amount utilized prior to the receipt of cancellation notice which will be invoiced Payment Terms The SOW will be invoiced as per the payment milestones below:  25% upon signing the SOW ($7,235.25)  50% upon configuration completed on a Test environment ($14,470.50)  25% upon configuration completed on a Production environment ($7,235.25) Expenses If expenses are incurred by Advanced to provide services outlined in this statement of work, Advanced staff will be using a meal per diem of $70 per weekday, and $125 per weekend day or holiday which will be billed to Client, and will not be required to submit receipts. All other expenses will continue to be billed on actual-basis (i.e., airfare, hotel, car rental, fuel, mileage, travel time, etc.), and will be required to submit receipts. Escalation process Several processes may trigger the escalation process, including issue tracking, contract management, and risk management. This process assumes that prior attempts have been made to resolve the item and the appropriate parties cannot reach a resolution. When an item is escalated, the appropriate participants are notified via formal communication (email, fax, or registered mail), which includes a summary of the concern/issue and the analysis 36 12 of each party’s position. The participants must be provided with sufficient time, to review the analysis and concerns prior to scheduling any resolution meetings. The levels of escalation and the participants in each level include: 1. Engagement Resource (Technical Specialist, Implementation Specialist, Application Consultant) 2. Engagement Manager (Project Manager) 3. Engagement Sponsor (Manager of Client Services) Standard of care/warranty disclaimer The standard of care applicable to the Professional Consulting / Information Technology (PC/IT) services arising under this SOW will be the degree of skill and diligence normally employed by PC/IT consultants performing the same or similar services. No further warranty of guaranty, expressed or implied, is made with respect to the services furnished hereunder and all implied warranties are hereby disclaimed including the warranty of merchantability and fitness for a particular purpose. Notes  In the event additional hours are required to effectively complete this SOW, a request will be made for the amount of hours needed  This quote is valid for 30 calendar days from the date of issue and supersedes any previous offers related to service outlined Authorization The Services performed under this Statement of Work are subject to the terms and conditions of the Master Professional Services Agreement entered into by the parties on December 3rd, 2018. 37 13 N. HARRIS COMPUTER CORPORATION By: Name: Title: Date: CITY OF VERNON By: Name: Title: Date: 38 City Council Agenda Item Report Agenda Item No. COV-400-2018 Submitted by: Lilia Hernandez Submitting Department: City Administration Meeting Date: January 15, 2019 SUBJECT Report on Emergency Purchase Secured by the City Administrator Recommendation: A. Find that both the filing of this report and the emergency purchase of services and repairs that are the subject of the report are exempt from California Environmental Quality Act ("CEQA") review because these activities are and were administrative activities that will not and did not result in direct or indirect physical changes in the environment and, therefore, neither activity constitutes a "project" as defined by CEQA Guidelines section 15378. B. Receive and file this report as it is being provided for informational purposes only, pursuant to Section 2.17.36 of the Vernon Municipal Code. Backgroud: Pursuant to Section 2.17.36 of the Vernon Municipal Code regarding emergency purchases, the City Administrator may secure, without competitive bidding, at the lowest obtainable price, any supplies, equipment, or services regardless of the amount of the expenditure in order to address an immediate and unforeseen risk to health, life, property or the environment. In response to various A/C failures in 2018, the City Administrator secured such emergency services/purchases in order to immediately address the significant risk posed to valuable and essential City equipment at City Hall and in the field. Server Room City Hall's basement houses the server room, containing much of the electronic equipment necessary to sustain the City's daily operations, including the City's computer network, fiber optic internet service, and emergency communication services for Police and Fire. In order to ensure the reliable operations of the essential and valuable electronic equipment located in the server room, the room must remain at a constant low temperature. On March 29, 2018, the chiller in the server room went out of service and was deemed irreparable. As an immediate and temporary solution, staff leased several portable HVAC units and worked towards a permanent replacement. While the portable HVAC units were able to maintain the server room at a cool enough temperature during the Spring, an expedited process for chiller replacement was necessary in order to have a permanent and adequate chiller in place to accommodate higher temperatures expected in the Summer. As such, on May 24, 2018, the City Administrator approved a request to secure the necessary services and equipment via emergency purchasing procedures in order to address the risk posed to critical equipment in the server room as quickly as possible. Accordingly, Public Works staff secured the following: -Chiller & Installation from Western Allied for $129,757 - Patching/Repair of coating/seal from Baja Roofing & Coatings Inc for $9200 - Roofing equipment removal & installation from Structural Reinforcement Contractors for $7650 -Structural Engineering Services from Risha Engineering for $4500 - Inspection Consulting Services for $360 39 Well 21 The City owns and operates the water distribution system comprised of eight active wells. The wells produce approximately 7,000 acre feet of groundwater annually, enough to supply the system demand without the need to purchase imported water. On July 28, 2018 the air conditioner unit for the main electrical control panel at Well 21 failed. In order to avoid damage to the well, VPU staff ceased operation of the well. Staff solicited a quote form Western Allied Corporation for the cost of repairing the unit in order to allow the well to return to production. Replacing the unit would require lead time of five to six weeks. In the interim, staff apprised the City Administrator of the situation and obtained the City Administrator's approval to secure an immediate temporary solution in order to safely return the well to production without jeopardizing City property (Well 21). Accordingly, VPU secured a rental unit from Western Allied on a weekly basis to be used until the permanent replacement unit could be installed. The total cost of the AC unit rental was $4,550 Fiscal Impact: The total fiscal impact of AC related repairs/replacements secured on an emergency basis was $156,017 (Server Room Chiller Replacement $151,467 & AC Rental for Well 21 $4,550). Sufficient funds were available in the Public Works and VPU's respective budgets for FY 2018-19. ATTACHMENTS  40 CLAIM FOR DAMAGES TO PERSONヽ OR PROPERTY RESERVE FOR CLAIM No FILING STAMP INSTRUCTIONS Claims for death, injury to person or to personal property must be filed not later than six(6)months after the occurrence. (Gov. Code Sec.9112) Claims for da mages to real property must be filed not later than one ( 1 ) year after the occurrence. (Gov. Code Sec.91 1.2) Read entire claim before filing. See page 2 for diagram upon which to locate place of accident This claim form must be signed on page 2 at bottom. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET Claim must be filed with City Clerk. (Gov.Code Sec. 915a) TOi CITY OF VERNON CITY COUNCIL Kim Business Address of Claimant Give address to which you des re notces or communiCatiOns to be sent regarding this claim: How did DAMAGE or INJURY occur? Give full particulars. The damage was to my front right tire + rim of my vehicle. I was driving north on Santa Fe on my way in to work, going at about 251\rPH when my car had to drjve over a pothole that is about 24cm wide and about a quarter inch in depth. There was no way ofavoiding the pothole as there were vehicles driving by on my right side. I drove over the pothole and heard a loud thump. Iturned into the parking lot of mywork place and the valet guy told me to get out of my car and take a look at my tire. I walked to the right side of my car and I notice a huge gash on the side of my tire. I have pirelli, run flat tires so it allows me to drive 50 miles after the lact but the damage from the poihole was so severe lhat when I took it to the dealership, they told me not only did my tire get slashed but 2 cmcks on the rims formed which is hazardous as the air in my tires will slowly but surely leak if I do not get it repaired. llVhen did DAMAGE orlN」URY occur? Give fu∥parliculars,date,ume Of day,etc: 12/18/2018 at 9:20AM 28 did DAMAGE or Jlly, and locateon dragram on reverse measurements from landmarks:approximate, give street names and address and Santa Fe ave and in beヽ ″een E 56th street and E 57th street What particularACT oTOMISSION doyouclaim causedthe injury ordamage? Givenamesof Cityemployees, if any, causingthe injury or damage, if known: Failure to fix potholes that cause great damages to one's car. The city owes a duty to the people to eliminate hazardous road conditions and to repair if necessary. What DAMAGE or INJURIES do you claim resulted? Give full extent of injuries or damages claimed: Damage to my front right tire and my the rim of my vehicle WhatAMOUNT do you claim of each item of injury ordamage as of date of presentation of thisclaim, giving basisof computation: Front right tire: $297 Front right rim: $795 See attached receipts Give ESTIMATED AMOUNT as far as known you claim on accounl of each item of prospective injury ordamage, giving basisof computation: Same as above. See atiached receipts from Mercedes Benz 41 Were you insured at the time of the incident? lf so, provide name of insurance company, policy numbers and amount of insurance payments received: Yes I am insured with Esurance. I have not filed a claim with them therefore, I did not receive any payments Expenditures made on account of accident orlniury:(Date―ltem) Front r:ght tire:$297 FЮ nt ttght ttm:$795 (Amount) Name and address of Witnesses, Doctors and Hospitals: READCAREFULLY For all accident claims place on following diagram names of streets, including North, East. South, and West indicate place of accident by "X" and by showing house numbers or distances to street comers. lf City Vehicle was lnvolved, designate by letter'A" location of Cityvehicle when you flrst saw it,and by "B" location of yourself or your vehicle when you flrst saw City vehicle; location of City vehicle at time of accident by 'A-1 " and location of yourself or your vehicle at the time of accident by "8 1" and the point of lmpact by "X." NOTE:lf diagrams do not fit the situation, attach hereto a proper diagram signed by claimant. 日ヒ アAマ IDENTS under includi attachments, is ted Name: Beverly Kim ALL CLAIMANTS MAY BE REQUESTED TO BE EXAMINED AS TO THEIR CLAIMPEN CODE SEC 72)CLAIMS MUST BE FILED VVITH CITY CLERK(GOVCODE SEC 915a)STATE LAW PROVIDES THATIF YOU ARE NOT NOTIF:ED OF ANYACT10N BY THE CITY OF THIS CLAIM WITH:N45 DAYS OF FILING THEN THE CLA!MiS DEEMED DEN!ED(SEE COV CODE SEC 9116&9124) true and correct.that the Signature of Claimant or person filing on FOR AU丁 OMOBILE ACCIDENttS 42 To whom this may concern, I was driving into work on 72/78/20L8 on Santa Fe ave (in between E 56th street and E 57th street) when I drove over a pothole the size of a giant canister. This pothole not only caused me distress but it also damaged my front right tire. As soon as I pulled into work, which is located about 0.5 miles north of the location of the pothole, the valet guy had me get out of my car immediately and look at my tire. Not knowing what he was talking about, I got out of my vehicle and immediately noticed a giant slash on the side of my car. He informed me that driving with a damaged tire such as this may pose imminent danger. I had to get my car towed to the nearest Mercedes Benz dealership, DTLA, and once we arrived, the service lady informed me that this tire needs to be changed out immediately- if I had hit another pothole and any sort of bump in this condition, the tire would have exploded, which would have caused my vehicle to overturn and cause further damage not only to the vehicle but also to the other drivers on the streets and to me as well... I had to repair my tire which cost a little less than 5300 and as the technicians were repairing my tire, they noticed 2 cracks on my rim. They informed me that lf I don't get the rim repaired, the air in my tire will slowly seep out which can cause damages to my vehicle in the future. The rim cost about 5750. My car is a 2018 Mercedes Benz CLA 250, I received it as a gift last year from my father. After financially struggling for 6 years, my father and I were finally able to get out of the difficulties of living pay check to pay check. l'm not asking for the city to reimburse me for all my losses as I am still blessed and thankful that I didn't overturned on the road while driving, lwould even be grateful for a partial reimbursement. But most of all, I do ask that if the roads in Vernon, CA can be repaired, it would be of great service to the people who commute to and from this city. Sincerely, Beverly Kim 43 ‐ 訂 44 L45 46 CustOmer Number:298097 BEJERLy K■MHome:Bus: Email: lnVOにe No: 144182 キIN∨01cEキ Page 3 of 3 DOWYT?∬辟計集し出品ξ理酔#304 LOS ANGELES′CALiFORNIA 90015 (213)748-8951 望 rθ SHARι FfrV ι′rllDERCOLORMAKE/MODEL VIN LiCENSE MiLЁ ムGElヽ ′OuT 18 I MEnCEDES-BENZ CLAzsO 26493/26493 T287DEL DAttE PROD.DATE lA/ARR EXP. 04SEP17 PO NO. I RATE PAYMEN↑INVi DA↑F16:00 18DEC18 0.00 CASH 18DEC18旦 O OPENED‐ | ~R[ADY 1O;28 lBDEClS | 16:2218DEC18LINE O DE TECH TYPEHLINE OPCoDE TECH TYPE 責DiscOver′ Dёbit card色 ′ and Cash. we bo N(a9Cept persona1 0r business checks. てヽ/ご )::|11 EST: 300.oo ■9■037 ェ : ,★★★ナ★求★ォ★*★ォナ★ォ★☆*ォ *★★★*求 ★贅ォ,ォ ★贅*★贅★ォ贅★★キ贅★贅*ォ ★★☆*★ ■8DEC18 ■o:28 SA: ■94880 :11, ■|: | ll l l■■● :|‐ |■■1■ ‐‐|■111 1 「洩 Estimate Total AddirionalCost Aulhorized Approved By:Date & Time Author;zation DESCRIPT10N4 ヨ:ギ ilil11忠 1:ゅ uus t s: we have added thischarge to cover costs associatedwith the handling, managementand disposal of toxic wastes orhazardous substances underCalifornia anci Federal Law. LABOR AMOuNT$vised Estimale ]∬篤錆ⅧL}S′01L AMouNl ' 前~三三二II= :ヽ 294,45' 幣1臨:)ATE :鵠 h深 格T七 需1緋 慶椒轟凛]櫨 響師跳:・ 腱i歯 ALL PARTS ARE∥EMノUNLESS OTHERVViSE □somePttξ 籠:ltturnaЫe MISC CHARGES TOTAL CHARGES LESS iNSURANCE SALES TAXしυO:υ :VI●●●!01ヽ A[υ バL AUTHoRIZED DEALERSHIP REPRESENTATiVE SIGNATURE ― ―― ―一 PLEASE PAYTHiS AMOり jl: λ評身rc脱|。99「w雪 滉[k=!ξ ttf lll∫ OPT10NS: 47 lnspect Thrust Arms, Lower Control Arms, and Bushings " Check seatbelts for normald operation/condition , Checkupper idler pulley " Check spark plugs for service interval RF RIM HAS2 CRACKS uCOMMEND FEPLACING F『RIM. Our technicians recommend the following services for your vehicle. A,CUSTOMER DROVEIN WITH POPPED BUBBLE ON SIDEWALL OF FRONT RIGHT TIM.CUSTOMER REQUEST TIRE BE FEPLACEDoCUSTOMERALSO REQUEST RIGHT MAR TIRE BE PLACED ON THE FRONT RIGHT AND ORDERED PART#BQ84025H BE PLACED IN TI‐IE RIGHT 駆 AR INSTEAD.SO BOTH FRONT TII旺 〕S ARE PIFELLIAND BOTH MAR TIRES ARE BRIDGESTONE. $271.75X B,PERFORNIICOMPLINIIENTARY MULTI―POINT INSPECT10N―COPY PROVIDED UPON REQUEST―……My signature belo、v authorizes you to coFninunicate with Fne by text/ SNIIS message $0.00X C.CI‐IECK AND ADJUST TIRE P〕せ]SSURE TO FACTORY SPECIFICAT10NS PERARB REGULATION 17 CAADC 95550 $0.00X DoCOⅣIPLIMENTARY AUTONIIATED CAR WASH‐ EXTERIOR WASH,VACUUM INTERIOR LESS TRUNK, CLEAN WINDOWS―DTLA MOTORSIS NOT RESPONSIBLE FOR LOOSE/DAMAGED/OR PMVIOUSLY REPAIRED BODY PANELS OR PAINT $0.00X E.CUSTOMERIS AWARE THAT SERVICE B IS EXCEEDED BY 1000 MILES.CUSTOMER DECLINED AT THIS TIME.$0.00X F. We accept Visa, MasterCard, American Express, Discover, Debit Cards, and Cash. We DO NOT accept personal or business checks.$0.00X Perform Service B (Found "service" light illuminated)X$429.95X RECOMMEND REPLACING RF RIM。(RF RIM HAS2CRACKS)$795,00X Replace A/C dust filter (Due by time and or mileage)XCaution $205.00X Replace windshield rviper blades (Found windshield wiper blades streaking)XCaution $88.00X Downtown LA Mercedes Benz 1801 South Figueroa Street Los Angeles, CA r (888) 690-6984 o www.benzla.com RO#:144182 Addkiona1 0bseⅣattons Recommendation Recommended Services Original Customer Req uests Status Cost Deferred Approved lnspection & Additional Recommendations lnsp Status Cost Deferred Approved' Sし ′И■29 丁othiS,丁 attes and Fees Cost Deferred Approved 48 ´ン″n LA Motors ・01 S Figueroa St.Os Ange■es′ CA 900■544-556-5557 2/■8/18 04:31 PMID: -1880 工D: XX8061 L工 : 00000008pp: US DEBIT ard Account: 75■8ard Exp: xx/xxtock/RO/Parts # ■44182SMLapartment: SERVICEme: KIM/BEVERLYntry: chipransaction Type: DEBIT3bit Seria■: ■402ran Seria■ #: 330140867 ュth Code: 580978 ユrrent Authorized S294.45 )twork Labe■: 工NTERLINK)de: Issuer/ PIN Verified[D: A0000000980840 層t: 8080048000 肛): 060■OA03A08000,I: 6800 ヽC: 00 '★ NO SICNATURE REQU工 RED ★★★ 49 CLAIM FOR DAMACES TO PERSON OR PROPERTY INSTRUCTIONS Claims for death, injury to person or to personal property must be filed not later than six (6) months after the occurrence. (Gov. Code Sec. 91 1 2) Claims for damages to real property must be filed not laterthan one (1) year after the occurrence. (Gov. Code Sec.91 1.2) Read entire claim before filing. See page 2 for diagram upon which to locate place of accident This claim form must be signed on page 2 at bottom. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET Claim must be filed with City Clerk. (Gov.Code Sec.915a) TO: CITY OF VttRNON CI丁Y CO∪ NCIL RttSttRVE FOR CLAIM No. FILING STAMP Business Address of Claimant い Give address to which you desire notices or communications to be sent regarding this How did DAMAGE or INJURY occur? Give full particulars. l^;i;;I" D;;^. o^t -i.- iiii st, T t"'fr 4 po*holc- d"'""{17 ,Net.r. +o +i o\-t EAtLsaA<-tr- , f,l Tavc-{u^rbA4/ Tta? 4^-/-ftruu,5}r oL!-t- {-ho- +[q*rmorf, q,\i t+t! t+ 'nR€>- 't'l@ hr<- ^tt3t-LN 2€ p'A-t r*l>o d^r:t V^Jr-tee-t + 0.^tl- 4ltXt^rue^A' VVhen did DAMAGE orlN」URY occur? G市 e full particulars,date,lme of day,etc.: ヽ3α 絆哺多a しに 2υ ιぎ Fキ ゅ ″γιスハ号 Jfι 奔 “ W approximate, give street names and address and measurements from landmarks:T+ eec-^;;- ;-""E:-;i; * L"J"^..N Aerrr 0,"..t- A.e `´ ヽぃ~融 プ kゝ WhatparticularACTorOMISS10NdoyouclaimcausedtheiniuryOrdamage?GivenamesofCIyemp!oyees,r any, causingthe lniury Or damage,r known: 轟麟え漁ぜ職留輩lt〆kd磨 ) 」ヽξlレ 、45ョ~ で´ 1¬ヽ22ンと 、 甥躙躙田Ψ而足懸°W酬 選可Tr螂 躙組 + $.^t\ ur\*a t *\tqh\H^"e*T WhatAMOUNlTdo youcfairnof eactr item of injury ordamageasof dateof presentationof thisclaim, givingbasisof computatio肛 ン basisof computation:n t-l7u ,5zl 50 Were you insured at the time of the incident? lf so, provide name of insurance company, policy numbers and amount of insurance payments received: lvo Expenditures made on account of accident or lnjury: (Date - ltem) Nσ Nご (Amount) Name and address of Witnesses, Doctors and Hospitals: ,vl* READCAREFULLY For all accident claims place on following diagram names of streets, including North, East. South, and West: indicate place of accident by "X" and by showing house numbers or distances to street corners. lf City Vehicle was lnvolved, designate by letter'A" location of Cityvehicle when you first.saw..it, an9 OV llB" location of yourself or your vehicle when you first siw Cii-y vehicl-e; location of City vehicle qt time of accident by "A-1 " and location of yourself or your vehicle at the time oiaccident by "8 1" and the point of lmpact by "X." NOTE:tt diagrams do not fit the situation, attach hereto a proper diagram signed by claimant. FOR AU丁 OMOBILE ACCIDENttS F2C●キヽ く下 'rL t-tlt-x,7n 「CCIDENttS that the Slgnatur€ of Claimant Rr person filing on his/her behalf, giving is true andunder nted Name: attachments correct. Date. \Z*Ltt13-r.*ot L*^,rt,r PEN. CODE SEC.72).NOTIFIED OF ANY 51 CENTURY ttEST BMtt sERVICE 4245 LANKERS「lm BLVD STUD10 C:TY, CA 91602 18181432‐9000 SAL層 OPT10NS:SOLD―STK:■7■■84 CENTURY WEST BⅣ電W′LLC 4245 LANKERSHIM BLVDNORTH HOLLYW00D′CA 91602TEL:{818)432-5899 {818)432‐9000FAX:{818}753-1760MAILING ADDRESSPO.30X978′NORTH HOLLYW00D,CA 91603 SERV:CE AND PARTS OPENMONDAY―FRIDAY 7:30A M to7:00P M.SATURDAYS 8:00 A M.to 5:00P.MCLOSED SUNDAYS EPA#CAL000262279 BAR″ARD190621 5473 STEVEN SMITHSON ectric LIST TOTAL 462245 ★INVOICE★ PAGE 2 側馴D: 000021562843 TD: 001 Batch #: 347001 42′13ノ18 hvoice #: 462245 APPR CODE: 00866C VISA 力丼■■キ十■十十十ホ■4918 AMOUNT REF#: 00005045 RRN: 49劇 00014 18:57:06 噺p 古・ノ十十 $436.54 ,23-905-2773 ,23-905-2773 ODEL IXPI )EC■8)URS 484■/4843 ■0:30 08 APPROVED CAPITAL ONE ViSA AD:A0000000031010 TVR: 00 80 00 80 00 T銚 F8 00 =:::|::|:::|:1111:I II:::::::::::::::::::::::::::■ ■||::::::::|:|:::::|:::|::: ■89。95 0THER:III:::=11111111:111111:11111111:=13191119151=0.00 TOTAL LINE F: ||:|:||||||||111:1111111:=1111:|1量 ||||||||||11111111111111111=:=|||||111:1111オ :|||PUTERIZED ALIGNMENT ■|■■111■■11■1■|■1■■■■■■■■■■11■|■1■ =■|IEEL COMPUTERIZED ALIGNMENT 1113191119151 ■89.95 CUSTOMER COPY TEXTED ANDREW ■2/■3/■O AT ■0:3■AM●cONF=:RMINGICOII■11111MPLET10N. ||||lil il 1 1111:::::::ili:::|:::::li ll ll l1 1:|::|||:i:|:||:::|:il:|::::::111:::|:i::::::::::::::::|::::::::|::::li::::|:|:::::||::|:li■|11111:::::::1‐:111:|111:i:||:|::i:‐|.::1‐ ヽM=NTI:|11111111111111111■■||||111111111111111111'11111111111 キ★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ DEC■8 ■0:29 5473 SERViCE AND PARTS OPENMONDAY‐FRIDAY 7:30A.M.to 7:00P.M.SATURDAYS 8:00A.M・ to 5:00P.M.CLOSED SUNDAYS ALL PARTS ARE NEh/V UNLESS OTHERW!SE SPECiFIED.THANK YOU FOR YOUR BUS:NESS, :ACKNOWLEDGE NO丁 iCE AND ORAL APPROVAL OF AN INCREASEINTHE ORIGINAL ESTIMAttED PRICE. ‐TOTALS39.95 ■770.000.0 9.64MISC.CHARGES CUSTOMER COpY 0.021III11■||1111111111111111:11111::,1111111i■|●:||| ■■1■■■|■■|| 52 り46■ 9 462245 ★INVOICE★ PAGE ■ CENTURY llVEST BMW′LLC 4245 LANKERSHIM BLVD.NORTH HOLLYW00D,CA 91602TEL:(818)432‐5899・ {818)432‐9000FAX:{818)7531760MAILING ADDRESSPO.80X978,NORTH HOLLYW00D′CA 91603 SERV:CE AND PARTS OPENMONDAY‐FRIDAY 7:30A M to7:00'MSATURDAYS 8:00A.M to5:00P.MCLOSED SUNDAYS EPA″CAL000262279 BAR′ARD1906213 ICOLOIR DELI‐DATEI ■7IR101 09:36 08DLINE OA PARTS: SOLD―STK:■7■■84 ectric ■3DEC■850.00 1111::|・ :|‐‐11::■|■111 .:●::| ■72.94 1111111117151115.00 112121,|:1619111 (N/ICIO.00 ■■■■ 11:::|:::::|::::::|::::|||11111:: i:(N/IC)|0.00 LIST :鋸 Ti=豊 `littI当 五81呂|■′薦,.Rヨ5351 C ■■■■■■|101=I■21'aO121,1,8'11■●RIDe=S'ON=■COPI=A■■■1:ダtr・:1」;JIぢ:EP600 BW:36904■‐‐‐■■■■=RttFE韓∥■‐‐‐‐‐■‐∥‐‐■■夢ζぎ∥・ 夢::2 3600■ WHEEL WEIGHT 鸞範:葬 鮒軍翼彗爵ま華癬:襲 轟韮墓韮聯幸:1窯:言・ ets,oM」襄IS'A無 ISi10■RFORM 006505031001BMW'衰 ICALLS■|■3`15213:=:'|=ECAlll=011111 FRONTAL IMPACT PERFORMANCE CAUSE:‐RECALL ●:.■■1■●=|■ :■ =二 ||■1111111■■■||■11 RECALL 0065050300 - BMW RecallS ■|■■■■■■|■■■■|■|■■■■■|■■■|■■■■■■■ 0.00 0THER: 0.00 TOTAL LINE B: 50.00 5135111111,WI=||0.00 LABOR: |,R00RAMM101AND111=Ne0011olcoMP:LET=iVEH■CLEI■11,|111'1■■■111■11'||||11111111111■11'|■|■|■|★★★★★★★★★彙十★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ clleusloMコ 葺ISTAT,SI=ACiК I口 'ICAM● RAII10iSIヽ 0■ISHU'101=■=N壼=RM=ITttNTLY■ W章 |ヽ |111 DRIVttNG FORWARD CAUSEll:ヽ 011lSSUES'コ OUNDI■1'章●CAM=RAIStS'コ MI1111111:||■111111111:|111:itlll1111111:11'1'11 :鯰 Ы翼薫lttII蕊 臨‐郡ll:』:翼 :全 :::]:灘 Y響 :曇 戦尋 l=Ⅷ轟甕翼翼I轟 撚革:1lTttTTI∥軍 SERVICE AND PARTS OPENMONDAY‐FRIDAY 7:30A.M.to 7:00P.M.SATURDAYS 8:00A.M・ to 5:00P,M.CLOSED SUNDAYS ALL PARTS ARE NEVV UNLESS OttHERWiSE SPECiFIED.THANK YOU FOR YOUR BUSiNESS. l ACKNOWLEDGE料 雁 躙 Δttθ:鮎 綱 理 3Ⅷ燿 F AN INCREASE N PLEASE PAYTHiS AMOUNT ■:::|||:::■■|53 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, DECEMBER 18, 2018, IN COUNCIL CHAMBER OF CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA CALL TO ORDER & FLAG SALUTE Members Present:Yvette Woodruff-Perez, William Davis, Melissa Ybarra Members Absent:Luz Martinez, Leticia Lopez The meeting was called to order at 9:00 a.m. by Mayor Woodruff-Perez, City Administrator Carlos Fandino led the flag salute. CHANGES TO THE AGENDA City Clerk Maria Ayala announced that there are no changes to the agenda. PUBLIC COMMENT No Public Comment provided. PRESENTATION 1.Presentation of Grantee Certificates and Report on FY 2018/2019 Docket II Grants Awarded by Vernon CommUNITY Fund Grant Committee Recommendation:A. Find that receiving this report on grants awarded by the Vernon CommUNITY Fund Grant Committee is exempt from California Environmental Quality Act (“CEQA”) review, because it is an administrative action that will not result in direct or indirect physical changes in the environment and, therefore, does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Present Certificates to FY 2018/2019 Docket II Grant Recipients; and C. Receive and file this report, as it is being provided for informational purposes only pursuant to Section 2.167(e) of the Vernon Municipal Code. City Clerk Maria Ayala introduced the Grant Recipients: Alzherimeer’s Greater Los Angeles, Terry Garay, Director of Greater East Los Angeles Region; Los Angeles Derby Dolls, Kristal Carmona, Board Treasurer; Eco Center, Sofia Teodoro, Program Manager; Girls Scouts of Greater Los Angeles, Danielle Portnoy, Director of Development; Girls on the Run of Los Angeles County, Molly Snow, Executive Director. 54 Regular City Council Meeting December 18, 2018 Page 2 Mayor Yvette Woodruff-Perez presented the Grantee Certificates to all Grant Recipients 2.Presentation by Nicole Soghomonian of Limitless Dance Company Recommendation:No action required by the City Council. This is a presentation item only. City Administrator Carlos Fandino introduced the item. Nicole Soghomonian, President of Limitless Dance Company, conducted the PowerPoint Presentation and showed a short video. CONSENT CALENDAR 3.Minutes of the Regular City Council Meeting Held November 20, 2018. Recommendation:A. Receive and File 4.Minutes of the Regular City Council Meeting Held December 4, 2018. Recommendation:A. Receive and File 5.Approval of an Agreement with AT&T Corp. for the Provision of Internet Service to City Hall 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 Agreement with AT&T Corp. (AT&T) in the amount not to exceed $51,622.00 for a two year period from January 1, 2019 through December 31, 2021; and C. Authorize the City Administrator to execute the proposed Agreement with AT&T, in substantially the same form as submitted herewith, for the provision of internet service to City Hall. 6.Approval of City Payroll Warrant Register No. 750 Covering the Period of November 01 through November 30, 2018 Recommendation:A. Approve City Payroll Warrant Register No. 750 which totals $2,950,309.65 and consists of the following: 1) Ratification of direct deposits, checks and taxes totaling $2,340,871.56. 2) Checks and electronic fund transfers (EFT) paid through General bank account totaling $609,438.09. 55 Regular City Council Meeting December 18, 2018 Page 3 7.Approval of Operating Account Warrant Register No. 13 Covering the Period of November 27 through December 10, 2018 Recommendation:A. Approve Operating Account Warrant Register No. 13 which totals $4,234,683.30 and consists of the following: 1) Ratification of electronic payments totaling $3,891,221.28. 2) Ratification of the issuance of early checks totaling $319,448.56. 3) Authorization to issue pending checks totaling $24,013.46. 8.Approval of Federal Funds for Street Improvements Account Warrant Register No. 24 Covering the Period of November 27 through December 10, 2018 Recommendation:A. Approve Federal Funds for Street Improvements Account Warrant Register No. 24 which totals $68,850.16 and consists of the following: 1) Ratification of electronic payments totaling $68,850.16. No public comment provided. It was moved by William Davis and seconded by Melissa Ybarra to approve Consent Calendar ttems 3 through 8. Motion carried, 3 - 0. Yes:Yvette Woodruff-Perez, William Davis, Melissa Ybarra No:None ORDINANCE 9.Ordinance No. 1258 - 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. Approve the second reading and adopt Ordinance No. 1258 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. City Clerk Maria Ayala read the proposed Ordinance. 56 Regular City Council Meeting December 18, 2018 Page 4 Director of Public Works Daniel Wall reported on the proposed. No Public Comment provided. City Administrator Carlos Fandino addressed Council Member Ybarra and inquired as to the impact of the proposed on Furlong residents. Councilmember Melissa Ybarra indicated that approval of the proposed will be a positive for the residents. Dialogue ensued between Council and staff regarding the impact, enforcement and residents’ perception of the soon-to-be established parking rules for Furlong Place. It was moved by Melissa Ybarra and seconded by William Davis to: 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. Approve the second reading and adopt Ordinance No. 1258 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. Motion carried, 3 - 0. Yes:Yvette Woodruff-Perez, William Davis, Melissa Ybarra No:None NEW BUSINESS 10.A Resolution Submitting Two Measures to the Voters of the City of Vernon at the April 9, 2019 General Municipal Election to Amend Chapters 3.5 and 3.6 of Article III of the City Charter Recommendation:A. Find that adoption of the proposed resolution is exempt from California Environmental Quality Act (“CEQA”) review because it is an administrative action that will not result in direct or indirect physical changes in the environment and, therefore, does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Adopt a Resolution Submitting to the Voters of the City of Vernon at the City’s April 9, 2019 General Municipal Election Two Measures, Measure S and Measure T respectively, to Amend Chapters 3.5 and 3.6 of Article III of the City Charter; and C. Authorize the Mayor to prepare and file a written argument in favor of Measure S, on behalf of the City Council, pursuant to California Elections Code Section 9282; and 57 Regular City Council Meeting December 18, 2018 Page 5 D. Authorize the Mayor to prepare and file a written argument in favor of Measure T, on behalf of the City Council, pursuant to California Elections Code Section 9282. City Administrator Carlos Fandino reported on the proposed. Council Member Melissa Ybarra inquired as to the City Council’s authority to prepare a written argument in favor of a Measure and on behalf of the City Council. A dialogue ensued between Council and staff with respect to the Measures’ outcome and impact if approved or defeated by the voters of the City of Vernon. No public Comment provided. It was moved by Melissa Ybarra and seconded by William Davis to: A. Find that adoption of the proposed resolution is exempt from California Environmental Quality Act (“CEQA”) review because it is an administrative action that will not result in direct or indirect physical changes in the environment and, therefore, does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Adopt a Resolution Submitting to the Voters of the City of Vernon at the City’s April 9, 2019 General Municipal Election Two Measures, Measure S and Measure T respectively, to Amend Chapters 3.5 and 3.6 of Article III of the City Charter; and C. Authorize the Mayor to prepare and file a written argument in favor of Measure S, on behalf of the City Council, pursuant to California Elections Code Section 9282; and D. Authorize the Mayor to prepare and file a written argument in favor of Measure T, on behalf of the City Council, pursuant to California Elections Code Section 9282. Motion carried, 3 - 0. Yes:Yvette Woodruff-Perez, William Davis, Melissa Ybarra No:None 11.A Resolution Adopting an Amended and Restated Fringe Benefits and Salary Resolution in Accordance with Government Code Section 20636(B)(1) and Repealing All Resolutions in Conflict Therewith Recommendation:A. Find that approval of the attached resolution in this staff report is exempt from California Environmental Quality Act (CEQA) review 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. Adopt the attached resolution amending and restating the Citywide Fringe Benefits and Salary Resolution, to Amend Exhibit A, Classification and Compensation Plan adopting the following: 1. New classification and associated salary range of Utilities Operations Trainee, Salary Grade 23 (Monthly Salary $5718 - $6,950) C. Approve the job description for: 1. Utilities Operations Trainee 58 Regular City Council Meeting December 18, 2018 Page 6 Director of Human Resources Michael Earl reported on the proposed. No public comment provided. Council Member Melissa Ybarra asked for clarification regarding the monthly rate. Director Michael Earl responded accordingly. It was moved by William Davis and seconded by Melissa Ybarra A. Find that approval of the attached resolution in this staff report is exempt from California Environmental Quality Act (CEQA) review 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. Adopt the attached resolution amending and restating the Citywide Fringe Benefits and Salary Resolution, to Amend Exhibit A, Classification and Compensation Plan adopting the following: 1. New classification and associated salary range of Utilities Operations Trainee, Salary Grade 23 (Monthly Salary $5718 - $6,950) C. Approve the job description for: 1. Utilities Operations Trainee. Motion carried, 3 - 0. Yes:Yvette Woodruff-Perez, William Davis, Melissa Ybarra No:None 12.A Resolution approving the City of Vernon Public Utilities Department Amended Economic Development Rate Program and the General Form of Agreement for Economic Development Incentive on electric service regarding electrical rates to be charged for electrical energy distributed and supplied by the City within its boundaries Recommendation:A. Find that the adoption of the proposed resolution is exempt under the California Environmental Quality Act (CEQA), because is not in reference to a “project” subject to the CEQA Guidelines under Section 15378 because it involves an administrative activity and (b) even if this approval were a “project” subject to CEQA, the approval requested is exempt in accordance with CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment, and any construction that may occur by a private party in the future in reliance on this approval would be subject to CEQA review by another governmental agency at that time when actual details of any physical proposal would be more than speculative; and B. Adopt a Resolution approving the City of Vernon Public Utilities Department Amended Economic Development Rate Program and the general form of Agreement for Economic Development Incentive on electric service regarding electrical rates to be charged for electrical energy distributed and supplied by the City within its boundaries. General Manager of Public Utilities Department Kelly Nguyen reported on the proposed. No Public Comment provided. 59 Regular City Council Meeting December 18, 2018 Page 7 It was moved by Melissa Ybarra and seconded by William Davis A. Find that the adoption of the proposed resolution is exempt under the California Environmental Quality Act (CEQA), because is not in reference to a “project” subject to the CEQA Guidelines under Section 15378 because it involves an administrative activity and (b) even if this approval were a “project” subject to CEQA, the approval requested is exempt in accordance with CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment, and any construction that may occur by a private party in the future in reliance on this approval would be subject to CEQA review by another governmental agency at that time when actual details of any physical proposal would be more than speculative; and B. Adopt a Resolution approving the City of Vernon Public Utilities Department Amended Economic Development Rate Program and the general form of Agreement for Economic Development Incentive on electric service regarding electrical rates to be charged for electrical energy distributed and supplied by the City within its boundaries. Motion carried, 3 - 0. Yes:Yvette Woodruff-Perez, William Davis, Melissa Ybarra No:None ORAL REPORTS City Administrator Carlos Fandino reported on power outages throughout the City and provided a presentation; Fire Department responded to traffic collision; this past week 50 students from Loma Vista Elementary visited Fire station 76 for a tour; on December 6th, Vernon US&R 78 with Battalion 76 participated in a mobilization exercise for Regional Task Force; report on various Vernon Police Department incidents throughout the City; on December 11 th Vernon PD delivered a soccer ball to each student at the Vernon Elementary School; December 13 th Vernon PD responded to six separate companies regarding bomb threats emails; L.A. County Sheriff’s Department Bomb Squad was contacted; on December 21 st Vernon PD will host an Office of Traffic Safety Driver Checkpoint; on January 14 th from 6 pm-8 pm, L.A. County’s “Voting Solutions for all People”, known as VSAP, will be holding a meeting at the Huntington Park at the NewStart Housing Corp. to introduce residents to the future of voting in elections in Los Angeles County starting in 2020. City Clerk Maria Ayala encouraged all to attend the VSAP Meetings. She further explained the future process and provided a short VSAP video. City Clerk Ayala announced that a representative of Southern California Gas Company was present and has requested permission from City Council to provide a public comment. Mayor Woodruff-Perez permitted the public comment. Denise Campos, Public Affairs Manager for Southern California Gas Company covering the area of City of Vernon provided an update on legislation regarding emission reduction goals. City Administrator Fandino continued the Oral Reports by announcing that Vernon Police and Fire Departments will participate in the 2 nd Annual Operation Santa in the City Hall Council Chamber; 60 Regular City Council Meeting December 18, 2018 Page 8 Fire Department is still collecting Christmas presents for Toys for Tots and Operation Santa; and reported the January 1st City Council Meeting has been cancelled. CLOSED SESSION The City entered closed session at 9:59 a.m. 13.CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation. Government Code Section 54956.9(d)(2) Number of potential cases: 3 At 10:10 a.m. the City Council exited closed session. Senior Deputy City Attorney Brian Byun reported three cases were discussed with no reportable action taken. ADJOURNMENT With no further business, at 10:10 a.m. Mayor Yvette Woodruff-Perez adjourned the meeting. ________________________ Yvette Woodruff-Perez Mayor ATTEST: _________________________ Maria E. Ayala City Clerk 61 City Council Agenda Item Report Agenda Item No. COV-18-2019 Submitted by: Maria Ayala Submitting Department: City Clerk Meeting Date: January 15, 2019 SUBJECT A Resolution Authorizing the City Clerk to Deputize One Staff Member of the Office of the City Clerk for the Purpose of Signature Attestation Recommendation: A. Find that the proposed action is exempt from the California Environmental Quality Act (“CEQA”), in accordance with CEQA Guidelines § 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Adopt a resolution authorizing the City Clerk to deputize one staff member of the Office of the City Clerk for the purposes of signature attestation for approved or adopted: resolutions, ordinances, contracts or agreements in the absence of the City Clerk. Backgroud: The Office of the City Clerk has been short-staffed and operating without a Deputy City Clerk since October 1, 2018. In order to preserve business continuity and efficiencies, various responsibilities of the Deputy City Clerk position have been absorbed by the City Clerk, Administrative Assistant, and Records Management Assistant. The Deputy City Clerk, among performing various assignments and duties, also has the power vested in him/her to perform certain official acts in the absence of the City Clerk. One of which is possessing signature authority in attesting to various official City documents, such as resolutions, ordinances, contracts, and agreements. There has occurred on several occasions the need for a document to be immediately expedited, requiring all official City signatures. It is unknown, at this time, when the Department will be able to proceed with recruiting a Deputy City Clerk, and in order to avoid undue delay in City operations, it is important that the City Clerk designate and deputize a staff member to be able to attest to specific documents in the event of her absence. The specific delegation of signature authority would only be exercised in the event the City Clerk is unavailable to attest to documents that need to be expedited immediately, and would only be granted to one staff member in the Department. The signature authority would be granted for expediting approved or adopted resolutions, ordinances, contracts, or agreements. The delegation of signature authority would end once the position of Deputy City Clerk has been filled. This resolution is being recommended for approval pursuant and with reference to the following: - City of Vernon City Charter, Article IV, Chapter 4, Section 4.2; - City of Vernon City Charter, Article VIII, Chapter 8, Section 8.10; - City of Vernon Municipal Code, Article I, Chapter 2, Section 2.2; and - California Government Code Section 40813 62 It should be noted, that in the recent past, the City Council has exercised their authority to appoint a City Clerk Pro Tempore, as per California Government Code Section 36804, when the need arose due to the City Clerk being absent from a City Council meeting. Fiscal Impact: There is no expected financial impact from this action. The delegation of signature authority would only be exercised in the absence of the City Clerk, and when an immediate need arises. There is no anticipated or expected increase in compensation to the staff member to be deputized for the specified purpose. ATTACHMENTS 1. Resolution Authorizing the City Clerk to Deputize Staff Member 63 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON AUTHORIZING THE CITY CLERK TO DEPUTIZE ONE STAFF MEMBER OF THE OFFICE OF THE CITY CLERK FOR THE PURPOSES DESIGNATED IN THIS RESOLUTION WHEREAS, as of October 1, 2018, the Deputy City Clerk position of the City of Vernon has been vacant; and WHEREAS, the Deputy City Clerk, among performing various assignments and duties, also has the power vested in him/her to perform certain official acts in the absence of the City Clerk, one of which is possessing signature authority in attesting to various official City documents, such as resolutions, ordinances and agreements; and WHEREAS, during the vacancy of the Deputy City Clerk position, there has occurred on several occasions the need for a document to be immediately expedited, requiring all official City signatures; and WHEREAS, by memorandum dated January 15, 2019, the City Clerk has requested the authority to deputize one staff member of the Office of the City Clerk to be able to attest to specific documents in the event of the City Clerk’s absence in order to avoid undue delay in City operations, pursuant to the City of Vernon Charter, Article IV, Chapter 4, Section 4.2, and Article VIII, Chapter 8, Section 8.10; and Vernon Municipal Code Article I, Chapter 2, Section 2.2; and California Government Code Section 40813; and WHEREAS, the specific delegation of attestation signature authority would only be exercised in the event the City Clerk is absent to attest to documents that need to be expedited immediately, and would only be granted to one staff member in the Department; and 64 - 2 - WHEREAS, during the period of delegation, the deputized staff member of the Office of the City Clerk would be covered under Vernon Municipal Code Article I, Chapter 2, Section 2.2, Bonds of City Clerk, City Treasurer and Deputies, in the same capacity as Deputy City Clerk; and WHEREAS, this delegation of signature authority would expire once the position of Deputy City Clerk has been filled; and WHEREAS, the City Council of the City of Vernon desires to authorize the City Clerk to deputize one staff member of the Office of the City Clerk to be able to attest to resolutions, ordinances and agreements in the event of the City Clerk’s absence in order to avoid undue delay in City operations. 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 from the California Environmental Quality Act (“CEQA”), in accordance with CEQA Guidelines § 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment. SECTION 3: The City Council of the City of Vernon hereby authorizes the City Clerk to deputize one staff member of the Office of the City Clerk to be able to attest to resolutions, ordinances and agreements. / / / / / / / / / 65 - 3 - SECTION 4: 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 15th day of January, 2019. Name: Title: Mayor / Mayor Pro-Tem ATTEST: Maria E. Ayala, City Clerk APPROVED AS TO FORM: Zaynah Moussa, Senior Deputy City Attorney 66 - 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, January 15, 2019, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of January, 2019, at Vernon, California. Maria E. Ayala, City Clerk (SEAL) 67 City Council Agenda Item Report Agenda Item No. COV-36-2019 Submitted by: John Lau Submitting Department: Finance/ Treasury Meeting Date: January 15, 2019 SUBJECT Approval of City Payroll Warrant Register No. 751 Covering the Period of December 01 through December 31, 2018 Recommendation: A. Approve City Payroll Warrant Register No. 751 which totals $2,947,750.23 and consists of the following: 1) Ratification of direct deposits, checks and taxes totaling $2,349,407.91. 2) Checks and electronic fund transfers (EFT) paid through General bank account totaling $598,342.32. Backgroud: Section 2.13 of the Vernon Municipal Code indicates the City Treasurer, or an authorized designee, shall prepare warrants covering claims or demands against the City which are to be presented to City Council for its audit and approval. Pursuant to the aforementioned code section, the City Treasurer has prepared City Payroll Warrant Register No. 751 covering claims and demands presented during the period of December 01 through December 31, 2018, drawn, or to be drawn, from East West Bank for City Council approval. Fiscal Impact: None. ATTACHMENTS 1. City Payroll Warrant Register No. 751 68 Raquel Franco 1 1′9′20198:21 AM No. PAYROLL WARRANT REGISTER CIy of∨ernon 751 Month of December2018 I hereby Certify: that claims or demands covered by the above listed warrants have been audited as to accuracy and availability of funds for payments thereof; and that said claims or demands are accurate and that funds are available for payments thereof. Date:ヽいⅨrヽ 電、Zp R This is to certify that the claims or demands covered by the above listed warrants have been audited by the City Council of the Ci$ of Vernon and that all of said warrants are approved for pay- ments DATE DATEDirector of Finance Page 1 of 1 Pay「ol Warrant Register Memo(00000002):VVarrant 69 Pavrolis reDOrted forthe month of December l1727/18-11′27/18,Paydate l1/27718 11711/18-11′24/18,Paydate 12/06′18 11/25/18-12′08/18,Paydate 12/20′18 11/25′18-11729/18,Paydate 12/20′18 12/15′18-12′15/18,Paydate 12′20/18 12/20/18-12/20/18,Paydate 12′20/18 12/20/18-12/20/18,Paydate 12/20/18 Payment Method Date Payment Description Amount Total net payroll and payroll taxes CHECKSCHECKSACHACHCHECKSACHACHACHACHACHACHACHCHECKSACH 11/27/18 12′06′18 12/06′18 12/06/18 12/20′18 12/20′18 12/20/18 12/20/18 12/20/18 12/20′18 12/20′18 12/20/18 12/20/18 12/20/18 12/06/18 12706/18 12ノ06/18 12706/18 12/06′18 12/06′18 12/06′18 12/06/18 12/20/18 12/20/18 12/20′18 12/20/18 12/20′18 12/20/18 12/20/18 12/20/18 Payroll taxes Net payroll, checks Net payroll, direct deposits Payroll taxes Net payroll, checks Net payroll, direct deposits Payroll taxes Net payroll, direct deposits Payroll taxes Net payroll, direct deposits Payroll taxes Payroll taxes Net payroll, checks Payroll taxes $ 4930 14,13280 918,18370 280,60390 14,86094 839,79761 235,17595 17,39942 7,83534 14,71468 6,62634 2828 752 (787) 2,349,407.91 38,48603 250,68835 2,87213 98941 40874 3,70368 3.22100 1,90225 33,56537 250,62783 2,87213 2,48400 9894140874 3,22100 1,90225 598,34232 S 2,947,75023 ACHACHACH 601655 601666ACHACHACHACHACHACHACH 601734 601751ACHACH ICMA CalPERS Ca∥forn a State Disbursement Unl Franchise Tax Board U S Dept of Education lBEVV Dues Vernon Firemen's Associa∥on Vernon Police OfFicers'BenefL Association lCMA CalPERS California State Disbursement Unl Teamsters Loca1 911 Franchlse Tax Board U S DeptofEduCa∥on Vernon Firements Assoc ation Vernon Police OfF cers'Benefn AssociauOn Payroll related disbursements, paid through General bank account Total net payroll, taxes, and related disbursements 70 City Council Agenda Item Report Agenda Item No. COV-38-2019 Submitted by: John Lau Submitting Department: Finance/ Treasury Meeting Date: January 15, 2019 SUBJECT Approval of Federal Funds for Street Improvements Account Warrant Register No. 25 Covering the Period of December 11 through January 07, 2019 Recommendation: A. Approve Federal Funds for Street Improvements Account Warrant Register No. 25 which totals $5,611.52 and consists of the following: 1) Ratification of electronic payments totaling $5,611.52. 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 Federal Funds for Street Improvements Account Warrant Register No. 25 covering claims and demands presented during the period of December 11 through January 07, 2019, drawn, or to be drawn, from East West Bank for City Council approval. Fiscal Impact: None. ATTACHMENTS 1. Federal Funds for Street Improvements Warrant Register No. 25 71 FEDERAL FUNDS FOR STREET]MPROVEMENTS WARRANT REGiSTER NO。25 JANUARY 15′2019 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 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: William Fox Finance Director Printed:1/8/2019 2:22:40PM paVme威 帯ルに 嘘 72 FEDERALFUNDS FOR S「REETIMPROVEMENTS WARRANT REGiSTER NO.25 JANUARY 15,20■9ELECrRON:C ACCOUNT :NVOICE I ‐ ■■■■ PAYMENT PAYMENT ■PAYMENI VENDOR NAME AND NUMBER NUMBER AMOUNT DESCR!PT:ON INVOiCE P.0.# ‐ DATE NUMBER AMOUNT 003975- CNS ENGINEERS′lNC 011 1043.900000 S 5′611 52 Consultlng Services~801746 12/28/2018 28 5 5′611.52 TOTAL ELECTRONiC s 5′611.52 Printed:1/8/2019 2:22:40PM Pase 1 of 2 73 FEDERAL FUNDS FOR STREE「IMPROVEMENTS WARRANT REGiSTER NO.25 JANUARY 15′2019 RECAP BY FUND 011-GENERAL GRAND TOTAL TOTAL CHECKS TO BE PR:NTED O ELECrRONIC TOTAL EARLY CHECK TOTAt WARRANT TOTAL GRAND TOTALS S 5′61152 5 000 S 000 S 5′61152 S S,611.52 S 0.00 S 0.00 s s,611.s2 Printed:1ノ 8/2019 2:22:40PM PaRe 2 of2 74 City Council Agenda Item Report Agenda Item No. COV-39-2019 Submitted by: John Lau Submitting Department: Finance/ Treasury Meeting Date: January 15, 2019 SUBJECT Approval of Operating Account Warrant Register No. 14 Covering the Period of December 11 through January 07, 2019 Recommendation: A. Approve Operating Account Warrant Register No. 14 which totals $16,645,865.62 and consists of the following: 1) Ratification of electronic payments totaling $16,157,632.61. 2) Ratification of the issuance of early checks totaling $464,562.54. 3) Authorization to issue pending checks totaling $23,670.47. 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. 14 covering claims and demands presented during the period of December 11 through January 07, 2019, drawn, or to be drawn, from East West Bank for City Council approval. Fiscal Impact: None. ATTACHMENTS 1. Operating Account Warrant Register No. 14 75 CiTY OF VERNON OPERATING ACCOUNT WARRANT REGiSTER NO.14 JANUARY 15′2019 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 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 Date:2rt〕 Printed:1/8/2019 3:24:22PM 76 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.9200.500150 $ 42,245.99 IniƟal Charges 12/18 201812043340402145CALIFORNIA ISO002412 ‐ 055.9200.500210 $ 3,780.57 IniƟal Charges 12/18 201812043340402145055.9200.500170 $ ‐6,098.76 IniƟal Charges 12/18 201812043340402145055.9200.500190 $ ‐4,792.01 IniƟal Charges 12/18 201812043340402145055.9200.500150 $ 211,363.97 IniƟal Charges 11/18 201812043340402145055.9200.500170 $ 1,010,576.84 IniƟal Charges 11/18 201812043340402145055.9200.500180 $ 9,248.90 IniƟal Charges 11/18 201812043340402145055.9200.500210 $ 12,969.19 IniƟal Charges 11/18 201812043340402145055.9200.500240 $ 6,897.13 IniƟal Charges 11/18 201812043340402145055.9200.500190 $ ‐3,039.91 IniƟal Charges 11/18 201812043340402145055.9200.500170 $ 4,444.82 RecalculaƟon Charges 11/18 201812043340402145055.9200.500210 $ 78.49 RecalculaƟon Charges 11/18 201812043340402145055.9200.500150 $ ‐13,515.76 RecalculaƟon Charges 11/18 201812043340402145055.9200.500190 $ ‐118.76 RecalculaƟon Charges 11/18 201812043340402145Printed: 1/8/2019 3:24:29PMPage 1 of 7577 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.9200.500150 $ 366.54 RecalculaƟon Charges 02/18 201812043340402145CALIFORNIA ISO002412 ‐ 055.9200.500190 $ 142.84 RecalculaƟon Charges 02/18 201812043340402145055.9200.500170 $ ‐81.13 RecalculaƟon Charges 02/18 201812043340402145055.9200.500180 $ ‐0.05 RecalculaƟon Charges 02/18 201812043340402145055.9200.500150 $ 5.66 RecalculaƟon Charges 11/18 201812043340402145055.9200.500170 $ 4.51 RecalculaƟon Charges 11/18 201812043340402145055.9200.500190 $ ‐0.07 RecalculaƟon Charges 11/18 201812043340402145$ 1,274,479.0012/11/2018 7748055.9200.500162 $ 21,283.25 Biomethane RPS112018BIOFUEL GENERATION SERVICES, L005067 ‐ $ 21,283.2512/11/2018 7749011.9019.520010 $ 3,534.62 APC Smart‐UPS X 3000VA Rack/Tower LCD QBD3998 011.0013519CDW GOVERNMENT, INC.000447 ‐ 011.9019.520010 $ 221.67 Freight QBD3998 011.0013519011.9019.520010 $ 335.79 Sales Tax 9.5% QBD3998$ 4,092.0812/11/2018 7750Printed: 1/8/2019 3:24:29PMPage 2 of 7578 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.120030 $ 7,558.60 Diesel Fuel. 2184174 011.0013514MERRIMAC ENERGY GROUP000209 ‐ 011.120030 $ 9.65 AB32 Fee 2184174 011.0013514011.120030 $ 6.37 Federal Oil Spill 2184174 011.0013514011.120030 $ 1,071.72 State Diesel Excise Tax 2184174 011.0013514011.120030 $ 2.98 Lust Fee 2184174 011.0013514011.120030 $ 1,155.58 Clear Diesel Sales Tax 2184174011.120030 $ 10,167.91 Unleaded Fuel. 2184176 011.0013514011.120030 $ 16.35 CA Enviro/Fed Oil Spill Tax 2184176 011.0013514011.120030 $ 6.97 CA Childhood Lead Fee 2184176 011.0013514011.120030 $ 12.91 AB32Fee 2184176 011.0013514011.120030 $ 1,936.97 State Gasoline Excise Tax 2184176 011.0013514011.120030 $ 4.65 Lust Fee 2184176 011.0013514011.120030 $ 546.51 Fuel Sales Tax 4.50% 2184176011.1033.570000 $ 1,855.49 Diesel Fuel~ 2184305 011.0013517011.1033.570000 $ 2.10 AB32 Fee 2184305 011.0013517011.1033.570000 $ 1.39 Federal Oil Spill Tax 2184305 011.0013517011.1033.570000 $ 233.64 State Diesel Excise Tax 2184305 011.0013517011.1033.570000 $ 0.65 Lust Fee 2184305 011.0013517011.1033.570000 $ 283.59 Clear Diesel Sales Tax 2184305011.1033.570000 $ 2,132.81 Diesel Fuel~ 2184306 011.0013517011.1033.570000 $ 2.42 AB32 Fee 2184306 011.0013517011.1033.570000 $ 1.60 Federal Oil Spill Tax 2184306 011.0013517011.1033.570000 $ 268.56 State Diesel Excise Tax 2184306 011.0013517Printed: 1/8/2019 3:24:29PMPage 3 of 7579 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1033.570000 $ 0.75 Lust Fee 2184306 011.0013517MERRIMAC ENERGY GROUP000209 ‐ 011.1033.570000 $ 325.97 Clear Diesel Sales Tax 2184306$ 27,606.1412/11/2018 7751011.1004.596200 $ 1,267.88 Suite Hotline~ INV184054NAVEX GLOBAL, INC005968 ‐ $ 1,267.8812/11/2018 7752011.1024.593200 $ 207.50 Re: Torres/Ong LiƟgaƟon 823405RUTAN & TUCKER, LLP005433 ‐ 011.1024.593200 $ 1,942.50 Re: General Personnel MaƩers 823414$ 2,150.0012/11/2018 7753011.1049.520000 $ 346.24 ORS251‐TY1221‐4X Coveralls with 73624 011.0013512SHARE CORPORATION005149 ‐ 011.1049.520000 $ 130.20 HDIC Ultra‐QT, #04190103. 73624 011.0013512011.1049.520000 $ 294.00 Car Wash & Wax Concentrate, 6 ‐ 1 73624 011.0013512011.1049.520000 $ 135.22 Freight 73624 011.0013512011.1049.520000 $ 86.04 Sales Tax 9.5% 73624$ 991.7012/11/2018 7754011.9019.590110 $ 3,621.40 Trend Micro Smart ProtecƟon for B09142811 011.0013518SHI INTERNATIONAL CORP005925 ‐ $ 3,621.4012/11/2018 7755011.1043.590000 $ 3,239.00 Traffic Signal Maintenance 5610140574SIEMENS MOBILITY, INC001079 ‐ 011.1043.590000 $ 3,499.70 Traffic Signal Response Call Outs 5620020894$ 6,738.7012/11/2018 7756Printed: 1/8/2019 3:24:29PMPage 4 of 7580 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1033.590000 $ 99.04 Water PurificaƟon Services 99538957SUEZ WTS SERVICES USA, INC006236 ‐ 011.1033.590000 $ 90.28 Water PurificaƟon Services 99539855011.1033.590000 $ 284.70 Water PurificaƟon Services 99566191$ 474.0212/11/2018 7757055.8400.596200 $ 2,277.00 Air CondiƟoner Maintenance 30272WESTERN ALLIED CORPORATION006120 ‐ 011.1049.590000 $ 3,224.00 Air CondiƟoner Maintenance 30420011.1049.590000 $ 426.00 Air CondiƟoner Maintenance 623469$ 5,927.0012/11/2018 7758055.9000.900000 $ 1,180.00 Iridium 44330WIRELESS INNOVATION LIMITED004442 ‐ $ 1,180.0012/11/2018 7759011.9019.590110 $ 1,389.00 FileMaker ‐ license (renewal) (1 year) K11460440101 011.0013468ZONES, INC005784 ‐ $ 1,389.0012/11/2018 7760Printed: 1/8/2019 3:24:29PMPage 5 of 7581 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1043.520000 $ 58.47 Hardware Supplies 102218US BANK CORPORATE005594 ‐ 011.1031.590000 $ 190.00 Business Radio Licensing 102218(10)011.1033.596700 $ 100.00 Training 102218(11)011.1033.560000 $ 92.98 Cable SubscripƟon 102218(11)011.1002.596500 $ 12.00 In‐Flight Wi‐Fi 102218(12)011.1033.520000 $ 835.55 Supplies 102218(13)011.1043.520000 $ 95.27 Supplies 102218(14)011.1041.520000 $ 162.06 Supplies 102218(14)011.1040.596700 $ 12.66 Meals / EE AppreciaƟon 102218(14)011.1041.596700 $ 25.31 Meals / EE AppreciaƟon 102218(14)011.1043.596700 $ 74.40 Meals / EE AppreciaƟon 102218(14)011.1046.596700 $ 13.40 Meals / EE AppreciaƟon 102218(14)011.1047.596700 $ 10.13 Meals / EE AppreciaƟon 102218(14)011.1049.596700 $ 13.00 Meals / EE AppreciaƟon 102218(14)056.5600.520000 $ 91.95 Supplies 102218(15)056.5600.596700 $ 79.35 Meals / Safety MeeƟng 102218(15)011.1031.520000 $ 295.78 Supplies 102218(16)011.1031.550000 $ 130.89 Community Outreach Event 102218(16)011.1031.550000 $ 554.83 Community Outreach Event 102218(16)011.5031.560000 $ 53.54 Cable SubscripƟon 102218(16)011.1002.520000 $ 54.01 Supplies 102218(17)011.1023.596600 $ 23.96 LA Times SubscripƟon 102218(17)055.9000.520000 $ 257.43 Supplies 102218(18)Printed: 1/8/2019 3:24:29PMPage 6 of 7582 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.8400.520000 $ 551.16 Supplies 102218(18)US BANK CORPORATE005594 ‐ 011.9019.520010 $ 38.24 IT Supplies 102218(18)055.9000.596700 $ 299.00 Training / C. Fandino 102218(18)055.8400.590000 $ 696.42 Air CondiƟoner 102218(18)055.9000.596700 $ 333.48 Meals / Team Training 102218(18)055.8000.596700 $ 107.72 Training / B. Montoya 102218(18)011.1043.520000 $ 393.83 Supplies 102218(19)011.1043.520000 $ 77.16 Meals / EE AppreciaƟon 102218(19)011.1002.596500 $ 87.66 Meals / MeeƟng 102218(2)011.1021.550000 $ 217.91 Hardware Supplies 102218(2)011.1021.550000 $ 2,231.48 Community Outreach Event 102218(2)011.9019.520010 $ 372.04 IT Supplies 102218(2)011.1021.520000 $ 437.90 IT Supplies 102218(2)011.9019.520010 $ 424.15 IT SoŌware 102218(2)011.1002.596500 $ 40.00 RegistraƟon / C. Fandino 102218(2)011.9019.520010 $ 99.20 Supplies 102218(20)011.9019.520010 $ 122.33 Google Cloud 102218(20)011.9019.596500 $ 302.39 MISAC IT Conference 102218(20)011.9019.520010 $ 14.22 Amazon Prime Membership 102218(20)011.9019.520010 $ 699.98 CerƟficate Renewal 102218(20)011.9019.520010 $ 75.00 OneDrive 102218(20)011.9019.520010 $ 36.00 GoToMeeƟng 102218(20)011.1024.596600 $ 325.00 Training 102218(21)Printed: 1/8/2019 3:24:29PMPage 7 of 7583 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1024.596500 $ 30.00 Vehicle Expense 102218(21)US BANK CORPORATE005594 ‐ 055.9000.596600 $ 27.90 LA Times SubscripƟon 102218(22)055.8000.596700 $ 217.39 Airline / B. Montoya 102218(22)011.1049.520000 $ 1,141.95 Supplies 102218(23)011.1049.520000 $ 76.21 Vehicle Expense 102218(24)055.9000.596700 $ 3,501.20 Training 102218(25)055.9000.596600 $ 55.50 Books & PublicaƟons 102218(25)055.9000.596550 $ 600.00 Membership Dues 102218(25)011.1026.520000 $ 164.09 Supplies 102218(26)011.1026.596900 $ 59.96 Community Outreach Event 102218(26)011.1026.596900 $ 75.00 Employee Walking Program 102218(26)011.1003.596200 $ 60.04 Supplies 102218(27)011.1003.596700 $ 515.00 Training 102218(27)011.1004.520000 $ 55.18 Supplies 102218(28)011.1004.596700 $ 395.00 Training 102218(28)011.1004.596500 $ 168.96 Airline 102218(28)011.1004.596500 $ 65.36 Travel Expense 102218(28)011.1004.596700 $ 395.00 Training / C. Luna 102218(28)011.1004.596500 $ 168.96 Airline / C. Luna 102218(28)011.1033.520000 $ 49.30 Supplies 102218(29)011.1033.520000 $ 174.32 Equipment Fuel 102218(29)011.1031.596500 $ 229.42 Hotels 102218(3)011.1031.540000 $ 615.33 Uniforms 102218(3)Printed: 1/8/2019 3:24:29PMPage 8 of 7584 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1031.596700 $ 325.00 Training / B. Gray 102218(3)US BANK CORPORATE005594 ‐ 011.1031.596700 $ 160.00 Training / C. Ourique 102218(3)011.1031.596500 $ 1,528.25 Hotels / A. Miranda 102218(3)011.1031.596700 $ 129.00 Training / I. Estrada 102218(3)011.1031.596700 $ 837.42 Training / A. Favela 102218(3)011.1031.570000 $ 88.00 Vehicle Expense 102218(3)011.1031.520000 $ 97.56 Meals 102218(3)011.1031.596700 $ 815.84 Training / Staff 102218(3)011.1031.596700 $ ‐129.00 Credit 102218(3)011.1031.596700 $ 437.61 Hotels / J. Cross 102218(3)011.1043.520000 $ 617.05 Supplies 102218(30)011.1049.520000 $ 203.94 Supplies 102218(31)011.1049.520000 $ 262.66 Supplies 102218(32)011.1043.520000 $ 1,131.97 Supplies 102218(33)020.1084.520000 $ 362.40 BoƩled Water 102218(33)011.1049.590000 $ 722.64 Repairs & Maintenance 102218(34)011.1048.590000 $ 491.41 Repairs & Maintenance 102218(34)011.1033.520000 $ 3,269.68 Supplies 102218(35)011.1033.596700 $ 100.00 Training 102218(36)011.1033.596600 $ 64.56 Books & PublicaƟons 102218(36)011.1033.596700 $ 160.97 Training Supplies 102218(36)055.9200.520000 $ 32.00 Supplies 102218(37)020.1084.540000 $ 3,996.75 Uniforms 102218(37)Printed: 1/8/2019 3:24:29PMPage 9 of 7585 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.8100.596700 $ 400.00 Training / M. Garcia 102218(37)US BANK CORPORATE005594 ‐ 055.8100.596700 $ 344.96 Airline / M. Garcia 102218(37)011.1026.596200 $ 273.72 Flowers 102218(38)011.1026.596900 $ 417.60 EE RecogniƟon Program 102218(38)011.1046.520000 $ 1,173.13 Repairs & Maintenance 102218(39)055.9100.596700 $ 1,650.00 Training 102218(4)055.9100.596500 $ 129.96 Airline 102218(4)055.9100.596500 $ 451.95 Hotels / J. Garcia 102218(4)055.9100.596550 $ 203.00 Membership Dues 102218(4)011.1026.596500 $ 782.00 Training 102218(5)011.1026.596500 $ 60.00 Airline 102218(5)055.9000.596500 $ 529.73 Hotels 102218(6)055.9000.596500 $ 415.96 Airline 102218(6)055.9000.596600 $ 214.00 Online PublicaƟon Database 102218(6)055.9000.596500 $ 134.00 Travel Expense 102218(6)055.9000.596700 $ 149.00 Training 102218(7)055.9000.596700 $ 149.00 Training / J. Balandran 102218(7)055.9000.596700 $ 565.63 Meals / IRP MeeƟng 102218(7)011.1031.596200 $ 40.00 Pet Grooming 102218(8)020.1084.520000 $ 796.89 Supplies 102218(9)$ 44,646.5512/11/2018 7761Printed: 1/8/2019 3:24:29PMPage 10 of 7586 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.9000.595200 $ 2,750.00 Electric System Revenue Bonds~ 4161210852071718BLX GROUP, LLC001413 ‐ 055.9000.595200 $ 7,175.00 Financial Advisory Services 419872040112718$ 9,925.0012/13/2018 7762011.1041.596700 $ 209.00 Reimb. Permit Technician Exam 121018CYNTHIA CANO000419 ‐ $ 209.0012/13/2018 7763011.4031.850000 $ 81,187.75 UHF Radio System Console Upgrade~ 41259068MOTOROLA SOLUTIONS, INC000016 ‐ 011.4031.850000 $ 194,850.60 UHF Radio System Console Upgrade~ 41259069$ 276,038.3512/13/2018 7764055.200400 $ 1,183,132.67 Electric Service Maintenance 180240PETRELLI ELECTRIC, INC003049 ‐ $ 1,183,132.6712/13/2018 7765055.9200.500150 $ 500,000.00 Collateral Payment 121218CALIFORNIA ISO002412 ‐ $ 500,000.0012/13/2018 7766Printed: 1/8/2019 3:24:29PMPage 11 of 7587 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.9200.500150 $ 37.41 IniƟal Charges 12/18 201812113140455434CALIFORNIA ISO002412 ‐ 055.9200.500150 $ ‐0.72 RecalculaƟon Charges 11/18 201812113140455434055.9200.500150 $ ‐0.51 RecalculaƟon Charges 11/18 201812113140455434055.9200.450340 $ 0.24 RecalculaƟon Charges 05/17 201812113140455434055.9200.500150 $ ‐2,150.88 RecalculaƟon Charges 11/18 201812113140455455055.9200.500170 $ ‐516.98 RecalculaƟon Charges 11/18 201812113140455455055.9200.500190 $ ‐2.40 RecalculaƟon Charges 11/18 201812113140455455055.9200.500210 $ ‐12.91 RecalculaƟon Charges 11/18 201812113140455455055.9200.500150 $ 4,625.34 RecalculaƟon Charges 11/18 201812113140455455055.9200.500190 $ 205.08 RecalculaƟon Charges 11/18 201812113140455455055.9200.500210 $ 139.92 RecalculaƟon Charges 11/18 201812113140455455055.9200.500151 $ ‐73.39 RecalculaƟon Charges 11/18 201812113140455455055.9200.500170 $ ‐515.70 RecalculaƟon Charges 11/18 201812113140455455055.9200.500150 $ ‐140.93 RecalculaƟon Charges 05/18 201812113140455455Printed: 1/8/2019 3:24:29PMPage 12 of 7588 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.9200.500190 $ ‐12.87 RecalculaƟon Charges 05/18 201812113140455455CALIFORNIA ISO002412 ‐ 055.9200.500170 $ 40.39 RecalculaƟon Charges 05/18 201812113140455455055.9200.500150 $ 1,511,634.38 IniƟal Charges 12/18 201812113140455455055.9200.500190 $ 12,925.35 IniƟal Charges 12/18 201812113140455455055.9200.500210 $ 9,189.66 IniƟal Charges 12/18 201812113140455455055.9200.500170 $ ‐60,660.06 IniƟal Charges 12/18 201812113140455455$ 1,474,710.4212/18/2018 7767055.8100.560010 $ 38.77 Period: 11/18 112918SO CAL EDISON000059 ‐ 011.1043.560000 $ 37.91 Period: 11/18 112918(2)011.1042.560000 $ 206.11 Period: 11/18 120618055.9200.560010 $ 729.44 Period: 11/18 120818$ 1,012.2312/19/2018 7768055.9200.500180 $ 8,500.00 Energy Purchase 12/18 INV00000135HIGH DESERT POWER PROJECT, LLC006373 ‐ $ 8,500.0012/20/2018 7769055.9200.500180 $ 19,000.00 Capacity Charges 11/18 PCP122018194571NRG POWER MARKETING, LLC006314 ‐ $ 19,000.0012/20/2018 7770Printed: 1/8/2019 3:24:29PMPage 13 of 7589 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.9200.500180 $ 3,000.00 Energy Purchase 11/18 120226SEMPRA GAS & POWER MARKETING,006292 ‐ $ 3,000.0012/20/2018 7771011.1031.594200 $ 1,040.58 School Crossing Guard Services 57745ALL CITY MANAGEMENT SERVICES001490 ‐ $ 1,040.5812/20/2018 7772055.9200.500150 $ 342,289.92 Energy Related Payment 11201801BICENT (CALIFORNIA) MALBURG, L003336 ‐ 055.9200.500180 $ 3,512,233.80 Capacity Payment 11201801055.9200.500150 $ ‐5,823.65 Fuel Burden 11201801$ 3,848,700.0712/20/2018 7773055.9000.596200 $ 7,412.25 Env Support Services 697275CH002CH2M HILL ENGINEERS, INC002426 ‐ $ 7,412.2512/20/2018 7774011.1021.797000 $ 13,750.00 Professional Services NOV18JEMMOTT ROLLINS GROUP, INC005108 ‐ $ 13,750.0012/20/2018 7775020.1084.900000 $ 24,639.60 Technical Design Services 1734NORTHWEST ELECTRICAL SERVICES,005614 ‐ 055.8200.596200 $ 2,782.53 Technical Design Services 1734055.8100.596700 $ 6,231.08 Technical Design Services 1734055.8100.595200 $ 2,523.96 Technical Design Services 1734$ 36,177.1712/20/2018 7776Printed: 1/8/2019 3:24:29PMPage 14 of 7590 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1023.900000 $ 69,081.00 ConsulƟng Services 15650PIC ENVIRONMENTAL SERVICE CORP001649 ‐ $ 69,081.0012/20/2018 7777055.9100.900000 $ 137.71 Equipment~ INV000317071 055.0002681SCHWEITZER ENGINEERING LABORAT002476 ‐ 055.9100.900000 $ 2,405.72 Equipment~ INV000317527 055.0002681$ 2,543.4312/20/2018 7778020.1084.590000 $ 4,550.00 Spot Cooler InstallaƟon 9017271WESTERN ALLIED CORPORATION006120 ‐ $ 4,550.0012/20/2018 7779011.9019.590110 $ 5,995.00 Annual SubscripƟon fee for 2209889 011.0013520ZOHO CORPORATION004583 ‐ $ 5,995.0012/20/2018 7780011.1033.520000 $ 613.88 Period: 10/18 633600126FEDEX000249 ‐ 011.1003.520000 $ 61.72 Period: 11/18 637854517011.1024.510000 $ 69.60 Period: 11/18 637854517011.1026.520000 $ 81.05 Period: 12/18 639228508$ 826.2512/20/2018 7781Printed: 1/8/2019 3:24:29PMPage 15 of 7591 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1033.510000 $ 204.51 Office Supplies 219830953001OFFICE DEPOT002190 ‐ 011.1033.510000 $ 16.95 Office Supplies 219832556001011.1003.520000 $ 47.76 Office Supplies 223201353001055.8100.520000 $ 21.89 Office Supplies 232276166001055.7100.520000 $ 13.24 Office Supplies 232276166002055.9000.520000 $ 19.58 Office Supplies 232276167001055.7100.520000 $ 45.87 Office Supplies 232276168001011.1033.510000 $ 13.93 Office Supplies 232722256001011.1003.520000 $ 27.22 Office Supplies 232922491001011.1004.520000 $ 333.19 Office Supplies 232966642001011.1004.520000 $ 13.93 Office Supplies 232968622001$ 758.0712/20/2018 7782055.9200.500154 $ 673,792.11 Astoria 2 Solar Project ATSP1218SO CAL PUBLIC POWER AUTHORITY002517 ‐ $ 673,792.1112/21/2018 7783011.210250 $ 1,902.25 Police AssociaƟon Member Dues: Payment Ben212465VERNON POLICE OFFICERS BENEFIT003407 ‐ $ 1,902.2512/20/2018 7784Printed: 1/8/2019 3:24:29PMPage 16 of 7592 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.210250 $ 1,944.00 Teamsters Local 911 Dues: Payment Ben212453TEAMSTERS LOCAL 911005392 ‐ 020.210250 $ 360.00 Teamsters Local 911 Dues: Payment Ben212453055.210250 $ 172.80 Teamsters Local 911 Dues: Payment Ben212453057.210250 $ 7.20 Teamsters Local 911 Dues: Payment Ben212453$ 2,484.0012/20/2018 7785011.210250 $ 3,221.00 Fire House Fund: Payment Ben212469VERNON FIREMENS ASSOCIATION003141 ‐ $ 3,221.0012/20/2018 7786011.210220 $ 24,256.50 Deferred CompensaƟon: Payment Ben212455ICMA RETIREMENT TRUST 457003168 ‐ 020.210220 $ 919.34 Deferred CompensaƟon: Payment Ben212455055.210220 $ 6,969.00 Deferred CompensaƟon: Payment Ben212455056.210220 $ 1,325.53 Deferred CompensaƟon: Payment Ben212455057.210220 $ 95.00 Deferred CompensaƟon: Payment Ben212455$ 33,565.3712/21/2018 7787011.100013 $ 620.45 FSA ‐ Dependent: Payment Ben212463CITY OF VERNON, FSA ACCOUNT003146 ‐ 011.100013 $ 288.45 FSA ‐ Medical: Payment Ben212463$ 908.9012/20/2018 7788Printed: 1/8/2019 3:24:29PMPage 17 of 7593 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.210240 $ 203,562.74 PERS ContribuƟons: Payment Ben212457CALPERS000714 ‐ 020.210240 $ 8,977.72 PERS ContribuƟons: Payment Ben212457055.210240 $ 33,592.61 PERS ContribuƟons: Payment Ben212457056.210240 $ 3,360.57 PERS ContribuƟons: Payment Ben212457057.210240 $ 585.40 PERS ContribuƟons: Payment Ben212457011.210240 $ 186.00 PERS Survivor's Benefit: Payment Ben212457020.210240 $ 14.17 PERS Survivor's Benefit: Payment Ben212457055.210240 $ 35.58 PERS Survivor's Benefit: Payment Ben212457056.210240 $ 3.72 PERS Survivor's Benefit: Payment Ben212457057.210240 $ 0.47 PERS Survivor's Benefit: Payment Ben212457011.210240 $ 308.85 PERS Buy‐back: Payment Ben212457011.1004.530034 $ ‐0.18 Rounding adjustment Ben212457$ 250,627.6512/24/2018 7789Printed: 1/8/2019 3:24:29PMPage 18 of 7594 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.210210 $ 106,303.71 Federal Withholding: Payment Ben212459THE DEPARTMENT OF THE TREASURY004075 ‐ 020.210210 $ 6,374.43 Federal Withholding: Payment Ben212459055.210210 $ 23,973.00 Federal Withholding: Payment Ben212459056.210210 $ 2,641.99 Federal Withholding: Payment Ben212459057.210210 $ 424.80 Federal Withholding: Payment Ben212459011.210210 $ 27,292.32 Medicare: Payment Ben212459020.210210 $ 1,710.42 Medicare: Payment Ben212459055.210210 $ 6,568.30 Medicare: Payment Ben212459056.210210 $ 588.72 Medicare: Payment Ben212459057.210210 $ 124.17 Medicare: Payment Ben212459011.210210 $ 275.40 Social Security Tax: Payment Ben212459011.210210 $ 5,472.29 Federal Withholding: Payment Ben212480011.210210 $ 721.36 Medicare: Payment Ben212480011.210210 $ 4,627.92 Federal Withholding: Payment Ben212683011.210210 $ 610.04 Medicare: Payment Ben212683$ 187,708.8712/21/2018 7790Printed: 1/8/2019 3:24:29PMPage 19 of 7595 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.210210 $ 44,551.19 State Withholding: Payment Ben212461EMPLOYMENT DEVELOPMENT DEPT001635 ‐ 020.210210 $ 2,568.30 State Withholding: Payment Ben212461055.210210 $ 10,532.78 State Withholding: Payment Ben212461056.210210 $ 1,050.88 State Withholding: Payment Ben212461057.210210 $ 195.54 State Withholding: Payment Ben212461011.210210 $ 1,641.69 State Withholding: Payment Ben212482011.210210 $ 1,388.38 State Withholding: Payment Ben212685$ 61,928.7612/21/2018 7791011.210260 $ 969.23 Child Support: Payment Ben212467STATE DISBURSEMENT UNIT004074 ‐ 011.210260 $ 1,402.15 Child Support: Payment Ben212467011.210260 $ 78.92 Child Support: Payment Ben212467011.210260 $ 53.07 Child Support: Payment Ben212467055.210260 $ 368.76 Child Support: Payment Ben212467$ 2,872.1312/24/2018 7792011.1043.520000 $ 115.31 Tools & Plumbing Hardware~ 102918_MULTIPLE011.0013217HOME DEPOT CREDIT SERVICES001552 ‐ 011.1046.520000 $ 44.03 Tools & Plumbing Hardware~ 102918_MULTIPLE 011.0013217011.1048.520000 $ 1,400.02 Tools & Plumbing Hardware~ 102918_MULTIPLE 011.0013217011.1049.520000 $ 1,652.65 Tools & Plumbing Hardware~ 102918_MULTIPLE 011.0013217$ 3,212.0112/21/2018 7793Printed: 1/8/2019 3:24:29PMPage 20 of 7596 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1041.520000 $ 36.18 Period: 11/18 933312478UPS001617 ‐ 011.1041.520000 $ 77.22 Period: 11/18 933312488$ 113.4012/21/2018 7794055.9200.500160 $ 56,900.00 Natural Gas 11/18 1118798281404957CIMA ENERGY, LP006298 ‐ $ 56,900.0012/26/2018 7795055.9200.500160 $ 1,466,793.92 Natural Gas 11/18 7690883CITIGROUP ENERGY, INC000153 ‐ $ 1,466,793.9212/26/2018 7796055.9200.500160 $ 403,480.00 Natural Gas 11/18 GASI00107226MACQUARIE ENERGY, LLC006086 ‐ $ 403,480.0012/26/2018 7797055.9200.500160 $ 90,750.00 Natural Gas 11/18 96203915SACRAMENTO MUNICIPAL UTILITY D006483 ‐ $ 90,750.0012/26/2018 7798055.9200.550022 $ 131,678.93 Period: 11/18 120718THE GAS COMPANY001581 ‐ $ 131,678.9312/26/2018 7799055.9200.500150 $ 31,130.93 Boulder Canyon Project Charges 11/18 GG1766W1118US DEPARTMENT OF ENERGY002227 ‐ 055.9200.500180 $ 20,553.69 Boulder Canyon Project Charges 11/18 GG1766W1118$ 51,684.6212/26/2018 7800011.1031.594200 $ 578.10 School Crossing Guard Services 58023ALL CITY MANAGEMENT SERVICES001490 ‐ $ 578.1001/03/2019 7801Printed: 1/8/2019 3:24:29PMPage 21 of 7597 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.9200.500160 $ 475,352.71 Natural Gas 11/18 2492770MERCURIA ENERGY AMERICA, INC006262 ‐ $ 475,352.7112/26/2018 7802Printed: 1/8/2019 3:24:29PMPage 22 of 7598 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.9200.500150 $ 16,071.48 RecalculaƟon Charges 11/18 201812183140548461CALIFORNIA ISO002412 ‐ 055.9200.500170 $ 4,546.58 RecalculaƟon Charges 11/18 201812183140548461055.9200.500180 $ 93.61 RecalculaƟon Charges 11/18 201812183140548461055.9200.500190 $ 910.29 RecalculaƟon Charges 11/18 201812183140548461055.9200.500210 $ 19.30 RecalculaƟon Charges 11/18 201812183140548461055.9200.500240 $ 26.35 RecalculaƟon Charges 11/18 201812183140548461055.9200.500150 $ 956,781.49 IniƟal Charges 12/18 201812183140548461055.9200.500190 $ 10,096.72 IniƟal Charges 12/18 201812183140548461055.9200.500210 $ 9,403.10 IniƟal Charges 12/18 201812183140548461055.9200.500170 $ ‐36,574.18 IniƟal Charges 12/18 201812183140548461055.9200.500150 $ ‐694.93 RecalculaƟon Charges 09/18 201812183140548461055.9200.500170 $ ‐31,693.10 RecalculaƟon Charges 09/18 201812183140548461055.9200.500180 $ ‐669.20 RecalculaƟon Charges 09/18 201812183140548461055.9200.500190 $ ‐356.10 RecalculaƟon Charges 09/18 201812183140548461Printed: 1/8/2019 3:24:29PMPage 23 of 7599 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.9200.500150 $ ‐1,990.70 RecalculaƟon Charges 12/18 201812183140548461CALIFORNIA ISO002412 ‐ 055.9200.500170 $ 334.11 RecalculaƟon Charges 12/18 201812183140548461055.9200.500190 $ 29.52 RecalculaƟon Charges 12/18 201812183140548461055.9200.500210 $ 49.21 RecalculaƟon Charges 12/18 201812183140548461$ 926,383.5512/26/2018 7803055.7200.596702 $ 1,375.00 ResoluƟon Billing 1218SO CAL PUBLIC POWER AUTHORITY002517 ‐ 055.9200.596200 $ 465.70 ResoluƟon Billing 1218055.9000.596200 $ 1,266.22 ResoluƟon Billing 1218055.9000.596700 $ 584.78 ResoluƟon Billing 1218$ 3,691.7012/27/2018 7804055.9200.500240 $ 1,734.35 NERC/WECC 2017 201812053140406706CALIFORNIA ISO002412 ‐ $ 1,734.3512/28/2018 7805011.9019.560010 $ 168.14 Conferencing Charges 11919531118ARKADIN, INC005831 ‐ $ 168.1412/28/2018 7806055.9000.595200 $ 11,000.00 Financial Advisory Services~ 4199457121418BLX GROUP, LLC001413 ‐ $ 11,000.0012/28/2018 7807Printed: 1/8/2019 3:24:29PMPage 24 of 75100 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.9019.520010 $ 295.00 Kingston ‐ DDR3 ‐ 4 GB ‐ DIMM 240‐pin~ QDC0297 011.0013527CDW GOVERNMENT, INC.000447 ‐ 011.9019.520010 $ 295.00 Crucial ‐ DDR4 ‐ 4 GB ‐ DIMM 288‐pin ~ QDC0297 011.0013527011.9019.520010 $ 1,664.52 HP Color LaserJet Pro M477fdw QDC0297 011.0013527011.9019.520010 $ 93.20 Logitech MK320 Wireless Keyboard & QDC0297 011.0013527011.9019.520010 $ 403.68 Tripp Lite 9U Wall Mount Rack Enclosure QDC0297 011.0013527011.9019.520010 $ 261.37 Sales Tax 9.5% QDC0297$ 3,012.7712/28/2018 7808055.9100.590110 $ 395.00 AutoCAD LT Government Maintenance Plan SI414539 055.0002703DLT SOLUTIONS, LLC000129 ‐ 055.9100.590110 $ 5,447.10 9701‐1002372 OM~ SI414539 055.0002703$ 5,842.1012/28/2018 7809011.4031.840000 $ 898.58 Monthly Lease Charges FBN3591567ENTERPRISE FM TRUST003441 ‐ 011.4031.840000 $ 898.58 Monthly Lease Charges FBN3610809$ 1,797.1612/28/2018 7810055.9200.596200 $ 1,250.00 OTC Commission Adjustment 1118001688088ICE US OTC COMMODITY MARKETS,004500 ‐ $ 1,250.0012/28/2018 7811011.9019.590110 $ 455.20 IvanƟ HEAT PatchLink (P&R) Maintenance 90743401 011.0013531IVANTI, INC006190 ‐ 011.9019.590110 $ 1,536.30 IvanƟ HEAT PatchLink (P&R) Maintenance 90743401 011.0013531$ 1,991.5012/28/2018 7812057.1057.500173 $ 4,635.54 Upstream Internet Access Services 75878493LEVEL 3 COMMUNICATIONS, LLC003053 ‐ $ 4,635.5412/28/2018 7813Printed: 1/8/2019 3:24:29PMPage 25 of 75101 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.9000.595200 $ 1,768.00 Re: MGS AcquisiƟon 4045144MORGAN, LEWIS & BOCKIUS, LLP001441 ‐ $ 1,768.0012/28/2018 7814055.9100.590110 $ 1,440.00 GIS System Update 14459NOBEL SYSTEMS, INC005709 ‐ $ 1,440.0012/28/2018 7815011.1024.593200 $ 12,798.94 Re: Ong Yiu ArbitraƟon 824932RUTAN & TUCKER, LLP005433 ‐ $ 12,798.9412/28/2018 7816011.1026.502031 $ 10,053.64 Medicare PPO ReƟrees 31248861AETNA HEALTH OF CALIFORNIA003158 ‐ 011.1026.502031 $ 2,364.48 Medicare HMO ReƟrees 31249641$ 12,418.1212/28/2018 7817Printed: 1/8/2019 3:24:29PMPage 26 of 75102 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1026.502031 $ 781.10 Cobra 443676EANTHEM BLUE CROSS005182 ‐ 011.1026.502031 $ 5,973.44 Early ReƟrees 587771D011.210222 $ 20,851.38 Dental PPO Insurance: Payment Ben212449020.210222 $ 1,070.44 Dental PPO Insurance: Payment Ben212449055.210222 $ 4,087.00 Dental PPO Insurance: Payment Ben212449056.210222 $ 398.56 Dental PPO Insurance: Payment Ben212449057.210222 $ 62.20 Dental PPO Insurance: Payment Ben212449020.210222 $ 149.42 Dental HMO Insurance: Payment Ben212449055.210222 $ 307.46 Dental HMO Insurance: Payment Ben212449056.210222 $ 45.02 Dental HMO Insurance: Payment Ben212449057.210222 $ 5.74 Dental HMO Insurance: Payment Ben212449011.210222 $ 1,417.36 Dental HMO Insurance: Payment Ben212449011.210222 $ 58.43 EE1078 Separated 11/26/18, waiƟng for Ben212449011.210222 $ 119.15 EE0107 Separated 11/29/18, waiƟng for Ben212449011.210222 $ 58.43 EE0118 Separated 11/29/18, waiƟng for Ben212449011.210222 $ 58.43 EE0122 Separated 11/29/18, waiƟng for Ben212449011.210222 $ ‐74.49 EE0382 Plan change 12/01/18, waiƟng Ben212449011.210222 $ ‐207.32 EE0198 Separated 10/25/18, Credit Ben212449011.210222 $ ‐207.32 EE0223 Separated 10/30/18, Credit Ben212449011.210222 $ ‐119.15 EE1060 Separated 10/01/18, Credit Ben212449011.210222 $ ‐58.43 EE1091 New FT hire 11/13/18, not on Ben212449011.210222 $ ‐14.36 EE1119 New FT hire 11/13/18, not on Ben212449011.210222 $ 207.32 EE1111 New hire 10/15/18, added to bill Ben212449Printed: 1/8/2019 3:24:29PMPage 27 of 75103 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.210222 $ 58.43 EE1112 New hire 10/03/18, added to bill Ben212449ANTHEM BLUE CROSS005182 ‐ 011.210222 $ 58.43 EE1113 New hire 10/15/18, added to bill Ben212449011.210222 $ 14.36 EE1114 New hire 10/15/18, added to bill Ben212449011.210222 $ 58.43 EE1115 New hire 10/15/18, added to bill Ben212449011.210222 $ 58.43 EE1116 New hire 10/15/18, added to bill Ben212449011.210222 $ 58.43 EE1118 New hire 10/29/18, added to bill Ben212449011.1004.530034 $ 1.31 Rounding Adjustment Ben212449$ 35,277.6312/28/2018 7818Printed: 1/8/2019 3:24:29PMPage 28 of 75104 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1026.502031 $ 59,720.12 Early ReƟrees 183200007493BLUE SHIELD OF CALIFORNIA005172 ‐ 011.1026.502031 $ 8,378.71 Cobra 183200007522011.210221 $ 105,808.82 Medical High HMO: Payment Ben212451020.210221 $ 5,615.14 Medical High HMO: Payment Ben212451055.210221 $ 27,520.42 Medical High HMO: Payment Ben212451056.210221 $ 4,753.80 Medical High HMO: Payment Ben212451057.210221 $ 539.50 Medical High HMO: Payment Ben212451011.210221 $ 20,475.22 Medical High PPO: Payment Ben212451020.210221 $ 239.00 Medical High PPO: Payment Ben212451055.210221 $ 3,824.18 Medical High PPO: Payment Ben212451011.210221 $ 44,167.12 Medical HSA PPO: Payment Ben212451020.210221 $ 4,460.96 Medical HSA PPO: Payment Ben212451055.210221 $ 4,351.78 Medical HSA PPO: Payment Ben212451056.210221 $ 557.62 Medical HSA PPO: Payment Ben212451011.210221 $ 70,162.86 Medical Low HMO: Payment Ben212451020.210221 $ 3,215.80 Medical Low HMO: Payment Ben212451055.210221 $ 15,548.46 Medical Low HMO: Payment Ben212451057.210221 $ 238.20 Medical Low HMO: Payment Ben212451011.210221 $ ‐557.63 EE0198 Separated 10/25/18 Credit Ben212451011.210221 $ ‐1,798.41 EE0223 Separated 10/30/18 Credit Ben212451011.210221 $ ‐796.70 EE1060 Separated 10/01/18 Credit Ben212451011.210221 $ 1,678.29 EE1111 New hire 10/15/18 Added to Bill. Ben212451011.210221 $ 796.70 EE1113 New hire 10/15/18 Added to Bill. Ben212451Printed: 1/8/2019 3:24:29PMPage 29 of 75105 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.210221 $ 541.38 EE1114 New hire 10/15/18 Added to Bill. Ben212451BLUE SHIELD OF CALIFORNIA005172 ‐ 011.210221 $ 557.63 EE1115 New hire 10/15/18 Added to Bill. Ben212451011.210221 $ 796.70 EE1116 New hire 10/15/18 Added to Bill. Ben212451011.210221 $ 1,115.26 EE1112 New hire 10/03/18 Added to Bill Ben212451011.210221 $ ‐796.70 EE1091 Hired full Ɵme on 11/13/18 Not Ben212451011.210221 $ ‐557.63 EE1119 Hired full Ɵme on 11/13/18 Not Ben212451011.210221 $ 557.63 EE0178 Separated 11/26/18 WaiƟng for Ben212451011.210221 $ 557.63 EE0107 Separated 11/29/18 WaiƟng for Ben212451011.210221 $ 557.63 EE0118 Separated 11/29/18 WaiƟng for Ben212451011.210221 $ 557.63 EE0122 Separated 11/29/18 WaiƟng for Ben212451011.210221 $ ‐703.80 EE0371 Change plan from E+C to E+F, Ben212451011.1004.530034 $ 2.17 Rounding Adjustment Ben212451$ 382,085.4912/28/2018 7819Printed: 1/8/2019 3:24:29PMPage 30 of 75106 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1040.520000 $ 75.26 Supplies 232158642001OFFICE DEPOT002190 ‐ 011.1041.520000 $ 96.29 Supplies 232158642001011.1043.520000 $ 55.69 Supplies 232158642001011.1040.520000 $ 7.15 Sales Tax 9.5% 232158642001011.1041.520000 $ 9.15 Sales Tax 9.5% 232158642001011.1043.520000 $ 5.29 Sales Tax 9.5% 232158642001011.1043.520000 $ 42.90 Supplies 232160356001055.9100.520000 $ 37.73 Supplies 232212790001056.5600.520000 $ 33.35 Supplies 232212790001055.9000.520000 $ 515.69 Supplies 232212790001055.8100.520000 $ 20.37 Supplies 232212790001055.7100.520000 $ 229.07 Supplies 232212790001011.1024.520000 $ 55.68 Supplies 232411331001011.1024.520000 $ ‐44.96 Credit 234683379001011.1024.520000 $ ‐10.72 Credit 234683380001011.1024.520000 $ 55.68 Supplies 234688228001$ 1,183.6212/28/2018 7820Printed: 1/8/2019 3:24:29PMPage 31 of 75107 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1001.502020 $ 1,158.97 Monthly Expense of UAL~ 100000015506427CALPERS000714 ‐ 011.1002.502020 $ 6,913.98 Monthly Expense of UAL~ 100000015506427011.1003.502020 $ 4,476.10 Monthly Expense of UAL~ 100000015506427011.1004.502020 $ 13,068.62 Monthly Expense of UAL~ 100000015506427011.1024.502020 $ 7,893.13 Monthly Expense of UAL~ 100000015506427011.1026.502020 $ 6,234.57 Monthly Expense of UAL~ 100000015506427011.1031.502020 $ 13,268.45 Monthly Expense of UAL~ 100000015506427011.1033.502020 $ 5,635.09 Monthly Expense of UAL~ 100000015506427011.1040.502020 $ 3,996.52 Monthly Expense of UAL~ 100000015506427011.1041.502020 $ 7,833.18 Monthly Expense of UAL~ 100000015506427011.1043.502020 $ 21,301.45 Monthly Expense of UAL~ 100000015506427011.1046.502020 $ 3,736.75 Monthly Expense of UAL~ 100000015506427011.1047.502020 $ 2,717.63 Monthly Expense of UAL~ 100000015506427011.1048.502020 $ 1,518.68 Monthly Expense of UAL~ 100000015506427011.1049.502020 $ 3,377.06 Monthly Expense of UAL~ 100000015506427057.1057.502020 $ 899.22 Monthly Expense of UAL~ 100000015506427011.1060.502020 $ 10,231.09 Monthly Expense of UAL~ 100000015506427020.1084.502020 $ 16,046.03 Monthly Expense of UAL~ 100000015506427056.5600.502020 $ 5,295.39 Monthly Expense of UAL~ 100000015506427055.7100.502020 $ 3,017.37 Monthly Expense of UAL~ 100000015506427055.7200.502020 $ 579.50 Monthly Expense of UAL~ 100000015506427055.8000.502020 $ 7,253.68 Monthly Expense of UAL~ 100000015506427055.8100.502020 $ 13,348.38 Monthly Expense of UAL~ 100000015506427Printed: 1/8/2019 3:24:29PMPage 32 of 75108 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.9000.502020 $ 10,271.06 Monthly Expense of UAL~ 100000015506427CALPERS000714 ‐ 011.9019.502020 $ 4,995.65 Monthly Expense of UAL~ 100000015506427055.9100.502020 $ 13,268.45 Monthly Expense of UAL~ 100000015506427055.9200.502020 $ 11,490.00 Monthly Expense of UAL~ 100000015506427011.1031.502020 $ 130,884.34 Monthly Expense of UAL~ 100000015506437011.1033.502020 $ 238,636.66 Monthly Expense of UAL~ 100000015506437$ 569,347.0012/31/2018 7821055.9000.520000 $ 53.69 Period: 12/18 640023260FEDEX000249 ‐ $ 53.6912/31/2018 7822055.9000.560010 $ 805.31 Period: Oct 08 ‐ Nov 07 110718_MULTIPLEVERIZON WIRELESS001481 ‐ 055.8000.560010 $ 2,057.01 Period: Oct 08 ‐ Nov 07 110718_MULTIPLE055.8200.560010 $ 1,458.34 Period: Oct 08 ‐ Nov 07 110718_MULTIPLE056.5600.560010 $ 184.52 Period: Oct 08 ‐ Nov 07 110718_MULTIPLE$ 4,505.1812/31/2018 7823Printed: 1/8/2019 3:24:29PMPage 33 of 75109 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.9200.500150 $ 480,898.07 IniƟal Charges 12/18 201812263140585489CALIFORNIA ISO002412 ‐ 055.9200.500190 $ 4,777.70 IniƟal Charges 12/18 201812263140585489055.9200.500210 $ 6,196.09 IniƟal Charges 12/18 201812263140585489055.9200.500170 $ ‐16,819.16 IniƟal Charges 12/18 201812263140585489055.9200.500150 $ ‐14,825.66 RecalculaƟon Charges 12/18 201812263140585489055.9200.500190 $ ‐304.79 RecalculaƟon Charges 12/18 201812263140585489055.9200.500210 $ ‐75.32 RecalculaƟon Charges 12/18 201812263140585489055.9200.500170 $ 1,291.05 RecalculaƟon Charges 12/18 201812263140585489$ 461,137.9801/02/2019 7824011.1033.520000 $ 13.19 Period: 11/18 933312498UPS001617 ‐ 011.1041.520000 $ 70.18 Period: 11/18 933312498011.1033.520000 $ 13.38 Period: 12/18 933312508011.1043.520000 $ 12.93 Period: 12/18 933312508011.1041.520000 $ 71.45 Period: 12/18 933312508$ 181.1301/02/2019 7825Printed: 1/8/2019 3:24:29PMPage 34 of 75110 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1004.503035 $ 40.00 Group Accident Premium 8200000251986AON RISK INSURANCE SERVICES WE003266 ‐ 011.1004.503035 $ 1,006.00 General Liability Coverage 8200000252008$ 1,046.0001/03/2019 7826011.1031.596200 $ 21,075.00 Security Services 3114JRM006198 ‐ $ 21,075.0001/03/2019 7827011.9019.860000 $ 314.43 Hardware & SoŌware Usage Fees 11394063KRONOS INCORPORATED005034 ‐ 011.9019.860000 $ 314.42 Hardware & SoŌware Usage Fees 11394063$ 628.8501/03/2019 7828Printed: 1/8/2019 3:24:29PMPage 35 of 75111 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.120030 $ 4,607.11 Diesel Fuel. 2184556 011.0013536MERRIMAC ENERGY GROUP000209 ‐ 011.120030 $ 6.79 AB32 Fee 2184556 011.0013536011.120030 $ 4.49 Federal Oil Spill 2184556 011.0013536011.120030 $ 754.92 State Diesel Excise Tax 2184556 011.0013536011.120030 $ 2.10 Lust Fee 2184556 011.0013536011.120030 $ 704.62 Clear Diesel Sales Tax 2184556011.120030 $ 6,513.96 Unleaded Fuel. 2184557 011.0013536011.120030 $ 12.28 CA Enviro/Fed Oil Spill Tax 2184557 011.0013536011.120030 $ 5.23 CA Childhood Lead Fee 2184557 011.0013536011.120030 $ 9.70 AB32 Fee 2184557 011.0013536011.120030 $ 1,454.91 State Gasoline Excise Tax 2184557 011.0013536011.120030 $ 3.49 Lust Fee 2184557 011.0013536011.120030 $ 359.95 Fuel Sales Tax 4.50% 2184557$ 14,439.5501/03/2019 7829055.9200.500170 $ 67,760.00 Victorville ‐ Lugo Vernon 12/18 7500957681SO CAL EDISON000059 ‐ 055.9200.500170 $ 24,669.00 Laguna Bell 12/18 7500957682055.9200.500170 $ 160,160.00 Mead ‐ Laguna Bell 12/18 7500957683$ 252,589.0001/03/2019 7830Printed: 1/8/2019 3:24:29PMPage 36 of 75112 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1033.590000 $ 116.56 Water PurificaƟon Services 99582602SUEZ WTS SERVICES USA, INC006236 ‐ 011.1033.590000 $ 99.04 Water PurificaƟon Services 99582603011.1033.590000 $ 90.28 Water PurificaƟon Services 99583174011.1033.590000 $ 227.76 Water PurificaƟon Services 99617392$ 533.6401/03/2019 7831055.122100 $ 10,000.00 PSF Cost PV1218SO CAL PUBLIC POWER AUTHORITY002517 ‐ $ 10,000.0001/03/2019 7832011.1043.560000 $ 90.30 Period: 11/18 121418SO CAL EDISON000059 ‐ $ 90.3001/03/2019 7833055.9200.500170 $ 21,870.00 Energy Purchase 11/18 GA192650DEPARTMENT OF WATER & POWER002468 ‐ 055.9200.500260 $ 575.00 Energy Purchase 11/18 GA192650$ 22,445.0001/07/2019 7834011.210250 $ 1,857.39 Police AssociaƟon Member Dues: Payment Ben212703VERNON POLICE OFFICERS BENEFIT003407 ‐ $ 1,857.3901/03/2019 7835020.210250 $ 158.79 IBEW Dues: Payment Ben212705IBEW LOCAL 47005323 ‐ 055.210250 $ 3,153.42 IBEW Dues: Payment Ben212705056.210250 $ 391.47 IBEW Dues: Payment Ben212705$ 3,703.6801/03/2019 7836Printed: 1/8/2019 3:24:29PMPage 37 of 75113 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.210250 $ 3,138.00 Fire House Fund: Payment Ben212709VERNON FIREMENS ASSOCIATION003141 ‐ $ 3,138.0001/03/2019 7837011.210220 $ 31,632.90 Deferred CompensaƟon: Payment Ben212693ICMA RETIREMENT TRUST 457003168 ‐ 020.210220 $ 893.32 Deferred CompensaƟon: Payment Ben212693055.210220 $ 7,570.33 Deferred CompensaƟon: Payment Ben212693056.210220 $ 1,325.53 Deferred CompensaƟon: Payment Ben212693057.210220 $ 95.00 Deferred CompensaƟon: Payment Ben212693011.210220 $ 25,000.00 Deferred CompensaƟon: Payment~ Ben212693$ 66,517.0801/03/2019 7838011.100013 $ 96.00 FSA ‐ Dependent: Payment Ben212701CITY OF VERNON, FSA ACCOUNT003146 ‐ 011.100013 $ 253.47 FSA ‐ Medical: Payment Ben212701$ 349.4701/03/2019 7839Printed: 1/8/2019 3:24:29PMPage 38 of 75114 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.210240 $ 200,007.82 PERS ContribuƟons: Payment Ben212695CALPERS000714 ‐ 020.210240 $ 8,892.73 PERS ContribuƟons: Payment Ben212695055.210240 $ 33,732.41 PERS ContribuƟons: Payment Ben212695056.210240 $ 3,316.95 PERS ContribuƟons: Payment Ben212695057.210240 $ 585.39 PERS ContribuƟons: Payment Ben212695011.210240 $ 182.28 PERS Survivor's Benefit: Payment Ben212695020.210240 $ 14.20 PERS Survivor's Benefit: Payment Ben212695055.210240 $ 35.56 PERS Survivor's Benefit: Payment Ben212695056.210240 $ 3.72 PERS Survivor's Benefit: Payment Ben212695057.210240 $ 0.46 PERS Survivor's Benefit: Payment Ben212695011.210240 $ 308.85 PERS Buy‐back: Payment Ben212695011.210240 $ 4,183.91 P/P: 12/09‐12/22/18 ‐ ReƟrement~ Ben212695020.210240 $ 26.64 P/P: 12/09‐12/22/18 ‐ ReƟrement~ Ben212695011.1004.530034 $ ‐1.03 Rounding adjustment Ben212695$ 251,289.8901/07/2019 7840Printed: 1/8/2019 3:24:29PMPage 39 of 75115 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.210210 $ 115,391.05 Federal Withholding: Payment Ben212697THE DEPARTMENT OF THE TREASURY004075 ‐ 020.210210 $ 5,555.33 Federal Withholding: Payment Ben212697055.210210 $ 23,413.41 Federal Withholding: Payment Ben212697056.210210 $ 2,480.14 Federal Withholding: Payment Ben212697057.210210 $ 415.21 Federal Withholding: Payment Ben212697011.210210 $ 26,997.36 Medicare: Payment Ben212697020.210210 $ 1,585.72 Medicare: Payment Ben212697055.210210 $ 6,211.28 Medicare: Payment Ben212697056.210210 $ 571.84 Medicare: Payment Ben212697057.210210 $ 97.68 Medicare: Payment Ben212697011.210210 $ 130.34 Social Security Tax: Payment Ben212697011.210210 $ 2,947.45 Federal withholding: Payment~ Ben212697011.210210 $ 428.34 Medicare: Payment~ Ben212697011.210210 $ 37,842.31 Federal withholding: Payment~ Ben212697011.210210 $ 5,747.13 Medicare: Payment~ Ben212697$ 229,814.5901/04/2019 7841Printed: 1/8/2019 3:24:29PMPage 40 of 75116 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.210210 $ 47,224.49 State Withholding: Payment Ben212699EMPLOYMENT DEVELOPMENT DEPT001635 ‐ 020.210210 $ 2,066.66 State Withholding: Payment Ben212699055.210210 $ 9,966.36 State Withholding: Payment Ben212699056.210210 $ 964.46 State Withholding: Payment Ben212699057.210210 $ 189.45 State Withholding: Payment Ben212699011.210210 $ 884.53 State Withholding: Payment~ Ben212699011.210210 $ 11,352.69 State Withholding: Payment~ Ben212699$ 72,648.6401/04/2019 7842TOTAL ELECTRONIC$ 16,157,632.61Printed: 1/8/2019 3:24:29PMPage 41 of 75117 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE055.7200.596702 $ 5,196.37 Customer IncenƟve Program 120518A&A GLOBAL IMPORTS006479 ‐ $ 5,196.3712/13/2018 601694011.1033.540000 $ 298.15 Haix Structure Boots~ 206704 011.0013226ALLSTAR FIRE EQUIPMENT, INC001624 ‐ 011.1033.540000 $ 284.70 Haix Structure Boots~ 210894 011.0013226011.1033.540000 $ 399.68 Haix Structure Boots~ 211535 011.0013226011.1033.540000 $ 284.70 Haix Structure Boots~ 211631 011.0013226$ 1,267.2312/13/2018 601695020.1084.900000 $ 800.00 Asbestos / Lead Survey 8498AMBIENT ENVIRONMENTAL, INC005654 ‐ $ 800.0012/13/2018 601696011.9019.560010 $ 20.72 Period: 10/06/18 ‐ 11/05/18 12148793AT&T001948 ‐ 011.9019.560010 $ 2,554.66 Period: 10/10/18 ‐ 11/09/18 12165293011.9019.560010 $ 20.17 Period: 10/10/18 ‐ 11/09/18 12165294055.9000.560010 $ 228.67 Period: 10/10/18 ‐ 11/09/18 12165295011.9019.560010 $ 1,241.48 Period: 10/10/18 ‐ 11/09/18 12165296011.9019.560010 $ 1,316.71 Period: 10/10/18 ‐ 11/09/18 12165297056.5600.560010 $ 595.40 Period: 10/10/18 ‐ 11/09/18 12165298056.5600.560010 $ 20.70 Period: 10/10/18 ‐ 11/09/18 12165397011.9019.560010 $ 1,032.30 Period: 10/10/18 ‐ 11/09/18 12165729011.9019.560010 $ 19.08 Period: 10/15/18 ‐ 11/14/18 12187661$ 7,049.8912/13/2018 601697Printed: 1/8/2019 3:24:29PMPage 42 of 75118 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE055.8400.590000 $ 60.00 Backflow Valve InspecƟon 879752BACKFLOW APPARATUS & VALVE COM000294 ‐ $ 60.0012/13/2018 601698011.199999 $ 708.00 Refund 80% of Permit Fee Ref000212218BIBI CLOTHING006476 ‐ $ 708.0012/13/2018 601699011.1046.520000 $ 353.12 Front End Repairs~ 51840 011.0013193CALIFORNIA FRAME & AXLE001973 ‐ 011.1046.520000 $ 32.50 Front End Repairs~ 51905 011.0013193011.1046.520000 $ 191.93 Front End Repairs~ 52017 011.0013193$ 577.5512/13/2018 601700011.1033.590000 $ 190.00 Oxygen BoƩle Refill 517027CALOX, INC001721 ‐ $ 190.0012/13/2018 601701020.1084.520000 $ 340.00 Gas Detector CalibraƟon Service on 49226 011.0013465COASTLINE SUPPLIES005023 ‐ $ 340.0012/13/2018 601702020.1084.520000 $ 2,690.77 12" DBF Duckbill Check Valve~ J577400 011.0013432CORE & MAIN LP004412 ‐ 020.1084.520000 $ 255.62 Sales Tax 9.5% J577400$ 2,946.3912/13/2018 601703011.1026.596200 $ 220.50 Vernon Health Recruitment Brochure 101018DANN FROEHLICH DESIGN006011 ‐ $ 220.5012/13/2018 601704011.1033.850000 $ 1,032.23 Emergency Lights 612DB ELECTRONICS, LLC006354 ‐ $ 1,032.2312/13/2018 601705Printed: 1/8/2019 3:24:29PMPage 43 of 75119 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE056.5600.590000 $ 65.00 Pest Control Services 12174683DEWEY PEST CONTROL002566 ‐ 011.1033.590000 $ 27.00 Pest Control Services 12228339011.1033.590000 $ 25.00 Pest Control Services 12228340011.1033.590000 $ 25.00 Pest Control Services 12228341055.8400.590000 $ 122.00 Pest Control Services 12229103011.1033.590000 $ 25.00 Pest Control Services 12230584056.5600.590000 $ 65.00 Pest Control Services 12244346$ 354.0012/13/2018 601706011.1046.520000 $ 695.00 Transmission kit includes: clutch, 111318 011.0013491EL MONTE TRANSMISSION004093 ‐ 011.1046.590000 $ 800.00 Labor to diagnose and overhaul 111318 011.0013491011.1046.520000 $ 69.50 Sales Tax 10.00 111318$ 1,564.5012/13/2018 601707011.1049.590000 $ 1,214.79 PreventaƟve Maintenance 58775FACILITIES PROTECTION SYSTEMS003423 ‐ $ 1,214.7912/13/2018 601708020.1084.520000 $ 1,922.89 Item# SP‐M1000821GSO~ 652637 011.0013460FERGUSON WATERWORKS000524 ‐ 020.1084.520000 $ 1,617.32 Item# MA236206E38110OL~ 652637 011.0013460020.1084.520000 $ 970.03 Item# SP‐K8745410027212~ 652637 011.0013460020.1084.520000 $ 428.47 Sales Tax 9.5% 652637$ 4,938.7112/13/2018 601709Printed: 1/8/2019 3:24:29PMPage 44 of 75120 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE055.7100.530030 $ 3,735.00 SeƩlement Agreement~ 120518ALFRED T GIULIANO, TRUSTEE FOR006478 ‐ $ 3,735.0012/13/2018 601710011.120010 $ 240.00 1898‐100 Screens for D‐Chlor Tablets, 129117IN011.0013472INTEGRA CHEMICAL CO006440 ‐ 011.120010 $ 486.00 1898‐100 Vita‐D‐Chlor Tablets, 129117IN 011.0013472011.120010 $ 34.20 Freight 129117IN 011.0013472$ 760.2012/13/2018 601711055.9000.520000 $ 32.84 Hardware Supplies~ 699404 055.0002675LB JOHNSON HARDWARE CO #1000804 ‐ 055.8000.520000 $ 87.59 Hardware Supplies~ 699520 055.0002675055.8000.590000 $ 27.59 Hardware Supplies~ 699636 055.0002675055.8400.590000 $ 9.96 Hardware Supplies~ 699707 055.0002675055.8000.520000 $ 20.77 Hardware Supplies~ 699831 055.0002675020.1084.520000 $ 89.78 Plumbing & Building Hardware~ 699941 011.0013196055.8000.590000 $ 8.74 Hardware Supplies~ 699985 055.0002675011.1033.520000 $ 45.07 Hardware Supplies~ 700163 011.0013223055.8400.590000 $ 3.27 Hardware Supplies~ 700188 055.0002675020.1084.520000 $ 6.56 Plumbing & Building Hardware~ 700459 011.0013196$ 332.1712/13/2018 601712Printed: 1/8/2019 3:24:29PMPage 45 of 75121 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1033.520000 $ 1,328.68 Medical Supplies~ 874783 011.0013224LIFE‐ASSIST, INC001060 ‐ 011.1033.520000 $ 1,850.06 Medical Supplies~ 878712 011.0013224011.1033.520000 $ 411.48 Medical Supplies~ 880739 011.0013224011.1033.520000 $ 916.46 Medical Supplies~ 880885 011.0013224011.1033.520000 $ 26.29 Medical Supplies~ 881452 011.0013224011.1033.520000 $ 242.40 Medical Supplies~ 883281 011.0013224011.1033.520000 $ 1,352.37 Medical Supplies~ 885913 011.0013224$ 6,127.7412/13/2018 601713011.1033.520000 $ 4,608.00 Part Number: WD881‐5 ICL ICL~ INV217274 011.0013396LN CURTIS & SONS000255 ‐ 011.1033.520000 $ 437.76 Sales Tax 9.5% INV217274$ 5,045.7612/13/2018 601714011.120010 $ 2,563.08 3069‐562 10" X 10" Mueller H304SS S100114235001 011.0013277S & J SUPPLY COMPANY, INC006340 ‐ 011.120010 $ 1,281.54 3069‐564 10" X 10" Mueller H304SS S100114235001 011.0013277011.120010 $ 365.23 Sales Tax 9.5% S100114235001$ 4,209.8512/13/2018 601715011.120010 $ 447.88 Regulatory Signs~ 80944 011.0013216ZUMAR INDUSTRIES, INC001153 ‐ $ 447.8812/13/2018 601716011.9019.560010 $ 677.84 Period: 10/20/18 ‐ 11/19/18 112018AT&T001948 ‐ 011.9019.560010 $ 214.02 Period: 10/20/18 ‐ 11/19/18 112018(2)$ 891.8612/18/2018 601717Printed: 1/8/2019 3:24:29PMPage 46 of 75122 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.9019.560010 $ 46.23 Period: 10/09/18 ‐ 11/08/18 832176480X11162018AT&T MOBILITY002889 ‐ $ 46.2312/18/2018 601718011.1026.596900 $ 154.98 Reimb. Holiday Raffle Prizes 121318MICHAEL EARL006050 ‐ $ 154.9812/18/2018 601719020.1084.502030 $ 250.00 IniƟal ContribuƟon / W. Wall 121018HSA BANK004239 ‐ $ 250.0012/18/2018 601720011.1002.596200 $ 589.00 Professional Services 10/18 110118NIELSEN, MERKSAMER, PARRINELLO004226 ‐ 011.1002.596200 $ 124.50 Professional Services 11/18 120118$ 713.5012/18/2018 601721011.1031.596500 $ 26.70 Firearms / TacƟcal Rifle Adv 121018ANA QUINONES000400 ‐ $ 26.7012/18/2018 601722011.1043.596200 $ 2,286.00 Annual Permit Fee~ WD0138017STATE WATER RESOURCES CONTROL000287 ‐ $ 2,286.0012/18/2018 601723011.210230 $ 5,536.05 Vision Premiums 121918MEDICAL EYE SERVICES006485 ‐ $ 5,536.0512/19/2018 601724011.1033.850000 $ 14,125.16 Wolf 60" Gas Ranges 220000023954ABSOLUTE APPLIANCES001661 ‐ $ 14,125.1612/20/2018 601725Printed: 1/8/2019 3:24:29PMPage 47 of 75123 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.9019.590110 $ 415.00 Disaster Recovery Services 67726AGILITY RECOVERY SOLUTIONS005348 ‐ $ 415.0012/20/2018 601726055.9200.560010 $ 152.00 Period: 10/19/18 ‐ 11/18/18 2613894408AT&T001948 ‐ 055.9200.560010 $ 331.52 Period: 11/19/18 ‐ 12/18/18 3105842049$ 483.5212/20/2018 601727011.1026.596900 $ 200.00 Photo Booth AddiƟonal Hour 121818BOBALIFE USA, LLC005975 ‐ $ 200.0012/20/2018 601728011.1024.593200 $ 21,082.50 Professional Services 10/18 233944BURKE, WILLIAMS & SORENSEN, LL005078 ‐ $ 21,082.5012/20/2018 601729Printed: 1/8/2019 3:24:29PMPage 48 of 75124 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1043.540000 $ 113.30 Uniforms 53317046CINTAS CORPORATION005490 ‐ 011.1046.540000 $ 15.38 Uniforms 53317046011.1047.540000 $ 27.09 Uniforms 53317046011.1049.540000 $ 38.85 Uniforms 53317046011.1043.540000 $ 113.30 Uniforms 53320390011.1046.540000 $ 15.38 Uniforms 53320390011.1047.540000 $ 27.09 Uniforms 53320390011.1049.540000 $ 38.85 Uniforms 53320390011.1043.540000 $ 127.68 Uniforms 53323705011.1046.540000 $ 60.16 Uniforms 53323705011.1047.540000 $ 52.89 Uniforms 53323705011.1049.540000 $ 52.03 Uniforms 53323705011.1043.540000 $ 152.08 Uniforms 53327045011.1046.540000 $ 35.88 Uniforms 53327045011.1047.540000 $ 27.09 Uniforms 53327045011.1049.540000 $ 29.90 Uniforms 53327045011.1043.540000 $ 116.28 Uniforms 53330385011.1046.540000 $ 59.06 Uniforms 53330385011.1047.540000 $ 27.09 Uniforms 53330385011.1049.540000 $ 38.23 Uniforms 53330385011.1043.540000 $ 116.28 Uniforms 53333741011.1046.540000 $ 27.55 Uniforms 53333741011.1047.540000 $ 27.09 Uniforms 53333741Printed: 1/8/2019 3:24:29PMPage 49 of 75125 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1049.540000 $ 38.23 Uniforms 53333741CINTAS CORPORATION005490 ‐ 011.1043.540000 $ 114.88 Uniforms 53337067011.1046.540000 $ 27.55 Uniforms 53337067011.1047.540000 $ 27.09 Uniforms 53337067011.1049.590000 $ 38.23 Uniforms 53337067011.1043.540000 $ 121.10 Uniforms 53340442011.1046.540000 $ 27.55 Uniforms 53340442011.1047.540000 $ 27.09 Uniforms 53340442011.1049.540000 $ 38.23 Uniforms 53340442$ 1,798.4812/20/2018 601730011.1049.590000 $ 1,020.16 Gate Repairs 17199COMMERCIAL DOOR OF LOS ANGELES000331 ‐ $ 1,020.1612/20/2018 601731055.8400.590000 $ 297.13 Compressor Maintenance 1723COMPRESSOR SERVICE PROFESSIONA006045 ‐ $ 297.1312/20/2018 601732011.1033.596200 $ 24,000.00 Conversion Cost Survey C0008694COUNTY OF LOS ANGELES001444 ‐ $ 24,000.0012/20/2018 601733020.210260 $ 148.41 Garnishment: Payment Ben212447FRANCHISE TAX BOARD004181 ‐ 055.210260 $ 841.00 Garnishment: Payment Ben212447$ 989.4112/20/2018 601734Printed: 1/8/2019 3:24:29PMPage 50 of 75126 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.9019.560010 $ 45.98 Period: 11/16/18 ‐ 12/15/18 111618FRONTIER005825 ‐ $ 45.9812/20/2018 601735011.1048.596200 $ 425.00 Rental Rate Appraisal~ 18017000AGOLD COAST APPRAISALS, INC004553 ‐ 011.1048.596200 $ 425.00 Rental Rate Appraisal~ 18017000B$ 850.0012/20/2018 601736055.8400.596200 $ 167.00 Disposal & Recycling Services 8BX01706HAUL AWAY RUBBISH SERVICE CO,005350 ‐ 055.8400.596200 $ 67.50 Disposal & Recycling Services 8BX01707$ 234.5012/20/2018 601737011.1049.590000 $ 194.00 Pool Maintenance 45455LA POOL GUYS005340 ‐ $ 194.0012/20/2018 601738011.1033.590000 $ 22.00 SCBA Maintenance Services ~ INV229654 011.0013225LN CURTIS & SONS000255 ‐ 011.1033.590000 $ 88.00 SCBA Maintenance Services ~ INV234882 011.0013225$ 110.0012/20/2018 601739011.1060.595200 $ 23,970.40 ConsulƟng Services 10/18 201MSW CONSULTANTS000186 ‐ 011.1060.595200 $ 22,669.05 ConsulƟng Services 11/18 209$ 46,639.4512/20/2018 601740011.1049.520000 $ 2.33 Plumbing & Building Hardware~ S1211422001 011.0013209PLUMBING & INDUSTRIAL SUPPLY001943 ‐ 011.1049.520000 $ 12.70 Plumbing & Building Hardware~ S1211590001 011.0013209$ 15.0312/20/2018 601741Printed: 1/8/2019 3:24:29PMPage 51 of 75127 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE055.8300.596200 $ 546.00 Janitorial Services 12/18 61425PRIORITY BUILDING SERVICES, LL006416 ‐ 055.8400.596200 $ 659.00 Janitorial Services 12/18 61425056.5600.596200 $ 753.00 Janitorial Services 12/18 61425$ 1,958.0012/20/2018 601742011.1049.590000 $ 3,381.69 Modular Ice Machine 45576RELIABLE ICE EQUIPMENT, INC001694 ‐ $ 3,381.6912/20/2018 601743011.1024.593200 $ 70.07 Re: Los Angeles MS4 Permit PeƟƟon 219594RICHARDS, WATSON & GERSHON003900 ‐ $ 70.0712/20/2018 601744011.1031.596700 $ 1,840.00 Basic Police Academy 2019508RIVERSIDE COMMUNITY COLLEGE005252 ‐ $ 1,840.0012/20/2018 601745055.9100.596200 $ 924.68 OperaƟng Expense 11/18 20090SO CAL JOINT POLE COMMITTEE002079 ‐ $ 924.6812/20/2018 601746011.1031.596200 $ 578.25 Medical Services 521129494STACY MEDICAL CENTER000380 ‐ $ 578.2512/20/2018 601747055.8400.590000 $ 225.00 Elevator Fee E1596090MRSTATE OF CALIFORNIA000962 ‐ $ 225.0012/20/2018 601748Printed: 1/8/2019 3:24:29PMPage 52 of 75128 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.2033.850000 $ 55.00 Product No. B58W00620~ 78507 011.0013503THE SHERWIN‐WILLIAMS CO005682 ‐ 011.2033.850000 $ 55.00 Product No. B58V00620~ 78507 011.0013503011.2033.850000 $ 84.00 Product No. B66W01310~ 78507 011.0013503011.2033.850000 $ 880.00 Product No. B66W00651 ~ 78507 011.0013503011.2033.850000 $ 720.00 Product No. KST044300~ 78507 011.0013503011.2033.850000 $ 170.43 Sales Tax 9.5% 78507$ 1,964.4312/20/2018 601749011.1033.560000 $ 157.50 Period: 11/18 120118TRI‐CITY MUTUAL WATER COMPANY000282 ‐ $ 157.5012/20/2018 601750011.210260 $ 408.74 Garnishment: Payment Ben212445U.S. DEPT OF EDUCATION NATIONA004441 ‐ $ 408.7412/20/2018 601751011.1004.520000 $ 7,000.00 Postage Replenishment 121918UNITED BUSINESS MAIL004352 ‐ $ 7,000.0012/20/2018 601752011.1026.502095 $ 397.69 First Aid Billing 121318US HEALTHWORKS MEDICAL GROUP,003903 ‐ 011.1026.597000 $ 78.00 Medical Services 3429051CA011.1026.597000 $ 836.00 Medical Services 3432065CA011.1026.597000 $ 372.00 Medical Services 3435345CA$ 1,683.6912/20/2018 601753Printed: 1/8/2019 3:24:29PMPage 53 of 75129 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1004.520000 $ 1,480.00 P.O. Box #58805 121118POSTMASTER001258 ‐ $ 1,480.0012/20/2018 601754011.1004.595200 $ 11,000.00 Professional Services 2180968INVASQUEZ & COMPANY, LLP005152 ‐ $ 11,000.0012/20/2018 601755011.1046.520000 $ 333.59 220I/8982437470 combinaƟon switch XA22009308901 011.0013487VELOCITY TRUCK CENTERS001223 ‐ 011.1046.520000 $ 31.69 Sales Tax 9.5% XA22009308901$ 365.2812/20/2018 601756011.120010 $ 2,970.00 2700‐100 PM 8‐1/2" X 11" 10M 20# White 6950207080 011.0013515VERITIV OPERATING COMPANY006070 ‐ 011.120010 $ 69.00 2700‐110 11" X 17" 20M 20# White 92 6950207080 011.0013515011.120010 $ 89.00 2700‐120 8‐1/2" X 14" 12.72M 20# White 6950207080 011.0013515011.120010 $ 297.17 Sales Tax 9.5% 6950207080$ 3,425.1712/20/2018 601757011.9019.560010 $ 616.84 Period: 10/18 70970500VERIZON BUSINESS SERVICES001481 ‐ $ 616.8412/20/2018 601758011.1023.550000 $ 5,000.00 Econ. Forecast & Industry Update 9090CVERNON CHAMBER OF COMMERCE000545 ‐ $ 5,000.0012/20/2018 601759011.1041.595200 $ 10,400.00 Code Enforcement Services 220142WILLDAN ENGINEERING005708 ‐ $ 10,400.0012/20/2018 601760Printed: 1/8/2019 3:24:29PMPage 54 of 75130 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1043.520000 $ 111.33 Portable Restrooms 554055A THRONE CO, INC000005 ‐ $ 111.3312/27/2018 601761011.1046.520000 $ 625.00 W/10FJB10‐12MJ10 hydraulic high 27545 011.0013494AFC HYDRAULIC SEALS & REPAIR001723 ‐ 011.1046.520000 $ 330.00 W/10FJB10‐12MJ10 hydraulic high 27545 011.0013494011.1046.520000 $ 495.00 New gland 27545 011.0013494011.1046.590000 $ 850.00 Labor to diagnose and repair hydraulic 27545 011.0013494011.1046.520000 $ 137.75 Sales Tax 9.5% 27545$ 2,437.7512/27/2018 601762011.210223 $ 8,388.24 AFLAC (Pre‐Tax): Payment Ben212443AFLAC003143 ‐ 020.210223 $ 1,298.00 AFLAC (Pre‐Tax): Payment Ben212443055.210223 $ 1,687.86 AFLAC (Pre‐Tax): Payment Ben212443056.210223 $ 92.78 AFLAC (Pre‐Tax): Payment Ben212443057.210223 $ 6.06 AFLAC (Pre‐Tax): Payment Ben212443011.210223 $ 1,133.40 AFLAC (Post Tax): Payment Ben212443055.210223 $ 167.96 AFLAC (Post Tax): Payment Ben212443056.210223 $ 144.72 AFLAC (Post Tax): Payment Ben212443011.1004.530034 $ 0.40 Rounding Adjustment Ben212443$ 12,919.4212/27/2018 601763Printed: 1/8/2019 3:24:29PMPage 55 of 75131 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1033.590000 $ 1,417.89 Plymovent Maintenance 43436AIR EXCHANGE, INC004723 ‐ 011.1033.590000 $ 1,203.84 Plymovent Maintenance 43437011.1033.590000 $ 963.77 Plymovent Maintenance 43438011.1033.590000 $ 604.26 Plymovent Maintenance 43442$ 4,189.7612/27/2018 601764011.120010 $ 754.08 0623‐110 Safety Glasses Elite, 9082808671 011.0013525AIRGAS USA, LLC000345 ‐ 011.120010 $ 318.40 2999‐100 Alcohol ISO 99% Gal. UN1219 9082808671 011.0013525011.120010 $ 59.14 Freight 9082808671 011.0013525011.120010 $ 102.38 Sales Tax 9.5% 9082808671$ 1,234.0012/27/2018 601765011.1033.850000 $ 2,190.00 HAIX Fire Hunter Extreme NFPA Leather 211455 011.0013523ALLSTAR FIRE EQUIPMENT, INC001624 ‐ 011.1033.850000 $ 208.05 Sales Tax 9.5% 211455$ 2,398.0512/27/2018 601766011.1033.520000 $ 550.00 Product Code: 9001‐VC‐005~ 9500752364 011.0013522ARROW INTERNATIONAL, INC005455 ‐ 011.1033.520000 $ 550.00 Product Code: 9018‐VC‐005~ 9500752364 011.0013522011.1033.520000 $ 15.50 Freight 9500752364 011.0013522011.1033.520000 $ 105.97 Sales Tax 9.5% 9500752364$ 1,221.4712/27/2018 601767Printed: 1/8/2019 3:24:29PMPage 56 of 75132 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1046.520000 $ 92.98 Vehicle BaƩeries~ 4667188 011.0013185BATTERY SYSTEMS, INC004448 ‐ 011.1046.520000 $ 92.98 Vehicle BaƩeries~ 4680943 011.0013185011.1046.520000 $ 92.98 Vehicle BaƩeries~ 4687382 011.0013185011.1046.520000 $ 194.29 Vehicle BaƩeries~ 4699397 011.0013185$ 473.2312/27/2018 601768011.1046.520000 $ 80.11 Auto Parts~ 16021 011.0013186CAMINO REAL CHEVROLET000818 ‐ 011.1046.520000 $ 293.72 Auto Parts~ 16683 011.0013186$ 373.8312/27/2018 601769011.1031.420510 $ 113.00 Ref. Duplicate Payment / P82676V 062718CARDOZO, ANGELICA006369 ‐ $ 113.0012/27/2018 601770011.1046.520000 $ 95.82 Auto Parts~ 326807 011.0013187CENTRAL FORD004163 ‐ 011.1046.520000 $ 104.05 Auto Parts~ 326907 011.0013187011.1046.520000 $ 41.45 Auto Parts~ 327035 011.0013187011.1046.520000 $ 280.85 Auto Parts~ 327073 011.0013187011.1046.520000 $ 109.56 Auto Parts~ 327085 011.0013187011.1046.520000 $ 284.71 Auto Parts~ 327090 011.0013187011.1046.520000 $ 469.93 Auto Parts~ 327724 011.0013187011.1046.520000 $ 149.77 Auto Parts~ 327860 011.0013187011.1046.520000 $ 385.26 Auto Parts~ 327902 011.0013187$ 1,921.4012/27/2018 601771Printed: 1/8/2019 3:24:29PMPage 57 of 75133 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1049.590000 $ 314.00 Water Treatment Service 638235CHEM PRO LAB, INC001095 ‐ 011.1049.590000 $ 314.00 Water Treatment Service 641701$ 628.0012/27/2018 601772011.210223 $ 5,341.96 Colonial Supp Ins (Pre‐Tax): Payment Ben212441COLONIAL LIFE003142 ‐ 020.210223 $ 606.84 Colonial Supp Ins (Pre‐Tax): Payment Ben212441055.210223 $ 1,334.12 Colonial Supp Ins (Pre‐Tax): Payment Ben212441056.210223 $ 833.24 Colonial Supp Ins (Pre‐Tax): Payment Ben212441011.210223 $ 416.16 Colonial (Post Tax): Payment Ben212441011.1004.530034 $ 0.03 Rounding Adjustment Ben212441$ 8,532.3512/27/2018 601773011.1047.520000 $ 124.39 Welding Supplies~ 628785 011.0013213CRAIG WELDING SUPPLY, CO000310 ‐ $ 124.3912/27/2018 601774011.1004.595200 $ 7,018.75 Professional Services 12180681EPIC LAND SOLUTIONS, INC000529 ‐ $ 7,018.7512/27/2018 601775Printed: 1/8/2019 3:24:29PMPage 58 of 75134 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1033.570000 $ 941.84 Vehicle Maintenance & Repairs 13512FIRE APPARATUS SOLUTIONS003796 ‐ 011.1033.570000 $ 419.74 Vehicle Maintenance & Repairs 13513011.1033.570000 $ 152.80 Vehicle Maintenance & Repairs 13514011.1033.570000 $ 1,363.16 Vehicle Maintenance & Repairs 13515011.1033.570000 $ 2,972.24 Vehicle Maintenance & Repairs 13516011.1033.570000 $ 609.15 Vehicle Maintenance & Repairs 13517011.1033.570000 $ 921.08 Vehicle Maintenance & Repairs 13518011.1033.570000 $ 344.03 Vehicle Maintenance & Repairs 13519011.1033.570000 $ 1,505.40 Vehicle Maintenance & Repairs 13521011.1033.570000 $ 551.72 Vehicle Maintenance & Repairs 13522011.1033.570000 $ 282.49 Vehicle Maintenance & Repairs 13523011.1033.570000 $ 814.19 Vehicle Maintenance & Repairs 13524011.1033.570000 $ 1,035.47 Vehicle Maintenance & Repairs 13526011.1033.570000 $ 1,475.16 Vehicle Maintenance & Repairs 13527011.1033.570000 $ 390.99 Vehicle Maintenance & Repairs 13528011.1033.570000 $ 220.61 Vehicle Maintenance & Repairs 13529011.1033.570000 $ 98.43 Vehicle Maintenance & Repairs 13530011.1033.570000 $ 904.75 Vehicle Maintenance & Repairs 13531011.1033.570000 $ 1,652.16 Vehicle Maintenance & Repairs 13592011.1033.570000 $ 743.59 Vehicle Maintenance & Repairs 13593$ 17,399.0012/27/2018 601776Printed: 1/8/2019 3:24:29PMPage 59 of 75135 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1046.520000 $ 1,373.06 Parts & Services~ 115348 011.0013188GARVEY EQUIPMENT COMPANY000399 ‐ 011.1046.520000 $ 445.62 Parts & Services~ 115349 011.0013188011.1046.520000 $ 111.30 Parts & Services~ 115350 011.0013188011.1046.520000 $ 275.05 Parts & Services~ 115351 011.0013188011.1046.520000 $ 78.61 Parts & Services~ 115725 011.0013188$ 2,283.6412/27/2018 601777011.1023.596200 $ 2,495.00 Compliance Outreach & EducaƟonal 1807INDUSTRIAL ENVIRONMENTAL ASSOC006358 ‐ $ 2,495.0012/27/2018 601778011.9019.560010 $ 471.34 Storage Services 201758965IRON MOUNTAIN000829 ‐ $ 471.3412/27/2018 601779011.1033.595200 $ 4,365.51 Plan Check Services 18211JSB FIRE PROTECTION, LLC001800 ‐ $ 4,365.5112/27/2018 601780011.1040.595200 $ 2,100.00 Used Oil Recycling Program 1417KJSERVICES ENVIRONMENTAL CONSU000971 ‐ $ 2,100.0012/27/2018 601781011.9019.590110 $ 64.00 SBF Abstract 19ASRE097LA COUNTY ASSESSOR OFFICE001792 ‐ $ 64.0012/27/2018 601782Printed: 1/8/2019 3:24:29PMPage 60 of 75136 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1031.594200 $ 67.93 InterpretaƟon Services 4442257LANGUAGE LINE SERVICES, INC003272 ‐ $ 67.9312/27/2018 601783011.1048.520000 $ 15.43 Plumbing & Building Hardware~ 700311 011.0013208LB JOHNSON HARDWARE CO #1000804 ‐ 011.1049.520000 $ 19.11 Plumbing & Building Hardware~ 700386 011.0013208011.1048.520000 $ 10.74 Plumbing & Building Hardware~ 700395 011.0013208011.1049.520000 $ 13.92 Plumbing & Building Hardware~ 700398 011.0013208011.1046.520000 $ 8.35 Plumbing & Building Hardware~ 700710 011.0013208011.1049.520000 $ 23.61 Plumbing & Building Hardware~ 700726 011.0013208$ 91.1612/27/2018 601784011.1031.590000 $ 355.00 Range Maintenance 9984LIBERTY MANUFACTURING, INC003342 ‐ $ 355.0012/27/2018 601785Printed: 1/8/2019 3:24:29PMPage 61 of 75137 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1046.520000 $ 75.00 Tires, Accessories & Repairs~ 20653 011.0013189LOPEZ & LOPEZ TIRE SERVICE003908 ‐ 011.1046.520000 $ 110.15 Tires, Accessories & Repairs~ 20654 011.0013189011.1046.520000 $ 15.00 Tires, Accessories & Repairs~ 20665 011.0013189011.1046.520000 $ 748.10 Tires, Accessories & Repairs~ 20712 011.0013189011.1046.520000 $ 15.00 Tires, Accessories & Repairs~ 20730 011.0013189011.1046.520000 $ 15.00 Tires, Accessories & Repairs~ 20737 011.0013189011.1046.520000 $ 30.00 Tires, Accessories & Repairs~ 20770 011.0013189011.1046.520000 $ 15.00 Tires, Accessories & Repairs~ 20798 011.0013189011.1046.520000 $ 130.00 Tires, Accessories & Repairs~ 20816 011.0013189011.1046.520000 $ 130.00 Tires, Accessories & Repairs~ 20821 011.0013189011.1046.520000 $ 18.00 Tires, Accessories & Repairs~ 20823 011.0013189011.1046.520000 $ 15.00 Tires, Accessories & Repairs~ 20850 011.0013189011.1046.520000 $ 30.00 Tires, Accessories & Repairs~ 21100A 011.0013189$ 1,346.2512/27/2018 601786011.9019.520010 $ 750.00 Remote Assistance 626292 011.0013390LUCITY, INC004148 ‐ $ 750.0012/27/2018 601787Printed: 1/8/2019 3:24:29PMPage 62 of 75138 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.210223 $ 362.71 Voluntary Life Insurance: Payment Ben212161MUTUAL OF OMAHA000534 ‐ 020.210223 $ 26.40 Voluntary Life Insurance: Payment Ben212161055.210223 $ 67.42 Voluntary Life Insurance: Payment Ben212161056.210223 $ 7.15 Voluntary Life Insurance: Payment Ben212161057.210223 $ 0.92 Voluntary Life Insurance: Payment Ben212161011.210223 $ ‐1.85 EE0107 Separated 11/29/18, credit on Ben212161011.210223 $ ‐1.85 EE0118 Separated 11/29/18, credit on Ben212161011.210223 $ ‐1.85 EE0122 Separated 11/29/18, credit on Ben212161011.210223 $ ‐1.85 EE0223 Separated 10/30/18, received Ben212161011.210223 $ 0.25 EE0175 Changed status 10/30/18, waiƟng Ben212161011.210223 $ ‐1.60 EE1118 New hire 10/29/18, benefit for Ben212161011.210223 $ 3,000.18 Long‐Term Disability Insurance: Payment Ben212439020.210223 $ 667.58 Long‐Term Disability Insurance: Payment Ben212439055.210223 $ 1,270.00 Long‐Term Disability Insurance: Payment Ben212439056.210223 $ 367.32 Long‐Term Disability Insurance: Payment Ben212439057.210223 $ 2.32 Long‐Term Disability Insurance: Payment Ben212439011.210223 $ 2,482.71 Voluntary Life Insurance: Payment Ben212439020.210223 $ 253.24 Voluntary Life Insurance: Payment Ben212439055.210223 $ 689.62 Voluntary Life Insurance: Payment Ben212439056.210223 $ 137.00 Voluntary Life Insurance: Payment Ben212439057.210223 $ 33.74 Voluntary Life Insurance: Payment Ben212439011.210223 $ 5.55 Voluntary Life Insurance: Payment~ Ben212439$ 9,365.1112/27/2018 601788Printed: 1/8/2019 3:24:29PMPage 63 of 75139 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1046.520000 $ 980.21 Auto Parts & Accessories~ 112918_MULTIPLE 011.0013192NAPA AUTO PARTS000309 ‐ $ 980.2112/27/2018 601789011.1046.520000 $ 125.91 Auto Parts & Accessories~ 3049196343 011.0013190O'REILLY AUTO PARTS005934 ‐ 011.1046.520000 $ 317.51 Auto Parts & Accessories~ 3049196580 011.0013190011.1046.520000 $ 66.92 Auto Parts & Accessories~ 3049196716 011.0013190011.1046.520000 $ 81.02 Auto Parts & Accessories~ 3049196731 011.0013190011.1046.520000 $ ‐66.92 Credit~ 3049196733 011.0013190$ 524.4412/27/2018 601790020.1084.520000 $ 13.14 Plumbing Hardware & Supplies~ S1210503001 011.0013198PLUMBING & INDUSTRIAL SUPPLY001943 ‐ 020.1084.520000 $ 210.95 Plumbing Hardware & Supplies~ S1211141001 011.0013198020.1084.520000 $ 10.40 Plumbing Hardware & Supplies~ S1211174001 011.0013198$ 234.4912/27/2018 601791055.9100.540000 $ 113.84 Steel Toe Work Boots~ 133591IN 055.0002686SHOETERIA000171 ‐ $ 113.8412/27/2018 601792020.1084.520000 $ 86.51 Business Cards 26867SILVA'S PRINTING NETWORK003775 ‐ $ 86.5112/27/2018 601793055.9000.593200 $ 733.22 Professional Services 10/18 210211901SPIEGEL & MCDIARMID, LLP.004458 ‐ $ 733.2212/27/2018 601794Printed: 1/8/2019 3:24:29PMPage 64 of 75140 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1031.520000 $ 2.70 Laundry Services~ 11715 011.0013233STATE STREET LAUNDRY000191 ‐ 011.1031.520000 $ 10.80 Laundry Services~ 11716 011.0013233$ 13.5012/27/2018 601795011.1046.520000 $ 85.60 Auto Parts~ 707439 011.0013191THE LIGHTHOUSE, INC001124 ‐ 011.1046.520000 $ 26.97 Auto Parts~ 707752 011.0013191$ 112.5712/27/2018 601796011.4031.596200 $ 1,547.70 West InformaƟon Charges 839372892THOMSON REUTERS ‐ WEST000141 ‐ $ 1,547.7012/27/2018 601797020.1084.596200 $ 166.75 New Ticket Charges 1120180775UNDERGROUND SERVICE ALERT000449 ‐ $ 166.7512/27/2018 601798011.1046.520000 $ 76.00 STY SHD936 large nitrile gloves~ 116290301011.0013358W.I.S.E., INC000404 ‐ 011.1046.520000 $ 7.22 Sales Tax 9.5% 116290301011.1046.520000 $ 76.00 ADN SHD938 xlarge nitrile gloves~ 116290302 011.0013358011.1046.520000 $ 7.22 Sales Tax 9.5% 116290302$ 166.4412/27/2018 601799011.1043.590000 $ 9,145.00 Street Sweeping Services 11/18 LB4310WEBCO LB LLC005699 ‐ $ 9,145.0012/27/2018 601800011.9019.560010 $ 46.23 Period: 11/09/18 ‐ 12/08/18 832176480X12162018AT&T MOBILITY002889 ‐ $ 46.2301/03/2019 601801Printed: 1/8/2019 3:24:29PMPage 65 of 75141 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1026.594200 $ 5,216.66 TPA Fees 12/18 IVC17184ATHENS INSURANCE SERVICES, INC004303 ‐ $ 5,216.6601/03/2019 601802011.1026.500245 $ 17,397.26 FY 2019 Assessment OSIP65592DEPT OF INDUSTRIAL RELATIONS003216 ‐ $ 17,397.2601/03/2019 601803020.210260 $ 148.41 Garnishment: Payment Ben212691FRANCHISE TAX BOARD004181 ‐ 055.210260 $ 841.00 Garnishment: Payment Ben212691$ 989.4101/03/2019 601804Printed: 1/8/2019 3:24:29PMPage 66 of 75142 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1003.502030 $ 3,000.00 Employer ContribuƟon 01/01/19 122618HSA BANK004239 ‐ 011.1004.502030 $ 7,500.00 Employer ContribuƟon 01/01/19 122618011.1024.502030 $ 4,500.00 Employer ContribuƟon 01/01/19 122618011.1026.502030 $ 4,500.00 Employer ContribuƟon 01/01/19 122618011.1031.502030 $ 13,500.00 Employer ContribuƟon 01/01/19 122618011.1033.502030 $ 27,000.00 Employer ContribuƟon 01/01/19 122618011.1040.502030 $ 6,000.00 Employer ContribuƟon 01/01/19 122618011.1041.502030 $ 4,500.00 Employer ContribuƟon 01/01/19 122618011.1043.502030 $ 10,500.00 Employer ContribuƟon 01/01/19 122618011.1046.502030 $ 3,000.00 Employer ContribuƟon 01/01/19 122618011.1049.502030 $ 1,500.00 Employer ContribuƟon 01/01/19 122618011.9019.502030 $ 3,000.00 Employer ContribuƟon 01/01/19 122618020.1084.502030 $ 9,000.00 Employer ContribuƟon 01/01/19 122618056.5600.502030 $ 1,500.00 Employer ContribuƟon 01/01/19 122618055.8000.502030 $ 1,500.00 Employer ContribuƟon 01/01/19 122618055.9000.502030 $ 4,500.00 Employer ContribuƟon 01/01/19 122618055.9100.502030 $ 4,500.00 Employer ContribuƟon 01/01/19 122618055.9200.502030 $ 1,500.00 Employer ContribuƟon 01/01/19 122618$ 111,000.0001/03/2019 601805056.5600.596200 $ 1,506.61 Gas Meter CalibraƟon 204375MEASUREMENT CONTROL SYSTEMS, I000839 ‐ 056.5600.596200 $ 1,723.55 Gas Meter CalibraƟon 204542$ 3,230.1601/03/2019 601806Printed: 1/8/2019 3:24:29PMPage 67 of 75143 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1026.597000 $ 70.00 Medical Services 245328261STACY MEDICAL CENTER000380 ‐ $ 70.0001/03/2019 601807011.210260 $ 408.74 Garnishment: Payment Ben212689U.S. DEPT OF EDUCATION NATIONA004441 ‐ $ 408.7401/03/2019 601808011.9019.590110 $ 3,525.00 PUMA SoŌware Service Contract 1201181130198VERSATILE INFORMATION PRODUCTS000788 ‐ $ 3,525.0001/03/2019 601809TOTAL EARLY CHECKS$ 464,562.54Printed: 1/8/2019 3:24:29PMPage 68 of 75144 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019WARRANTSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1004.502030 $ 390.00 Vision Benefits / W. Fox 111918ANTHONY KOSTALLAS, O.D.001644 ‐ 055.9000.502030 $ 300.00 Vision Benefits / H. Moreno 121218055.9000.502030 $ 300.00 Vision Benefits / J. Balandran 121218(2)$ 990.0001/15/2019 601810011.1033.596700 $ 675.00 Reimb. Rescue Systems 2 Course 120618JUSTIN CORSON006065 ‐ $ 675.0001/15/2019 601811011.1003.550000 $ 147.00 PublicaƟon Services B3201337DAILY JOURNAL CORPORATION000947 ‐ 011.1003.550000 $ 147.00 PublicaƟon Services B3205233$ 294.0001/15/2019 601812011.1033.596700 $ 675.00 Reimb. Rescue Systems 2 Course 120618RAYMOND DE NIJS006032 ‐ $ 675.0001/15/2019 601813Printed: 1/8/2019 3:24:29PMPage 69 of 75145 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019WARRANTSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1043.502030 $ 450.00 Vision Benefits / M. Alvarado 112618DR DAVID N STEIN000773 ‐ 011.1043.502030 $ 450.00 Vision Benefits / J. Alvarado 112618(2)011.1043.502030 $ 450.00 Vision Benefits / E. Alvarado 112618(3)011.1043.502030 $ 450.00 Vision Benefits / R. Alvarado 112618(4)011.1041.502030 $ 450.00 Vision Benefits / A. Canales 121218011.1041.502030 $ 450.00 Vision Benefits / S. Canales 121218(2)011.1041.502030 $ 450.00 Vision Benefits / A. Canales 121218(3)011.1041.502030 $ 450.00 Vision Benefits / M. Canales 121218(4)011.1033.502030 $ 450.00 Vision Benefits / J. Lozano 122018011.1033.502030 $ 450.00 Vision Benefits / M. Lozano 122018(2)011.1033.502030 $ 450.00 Vision Benefits / M. Lozano 122018(3)011.1033.502030 $ 450.00 Vision Benefits / T. Lozano 122018(4)020.1084.502030 $ 450.00 Vision Benefits / S. Alvarado 122618020.1084.502030 $ 450.00 Vision Benefits / L. Alvarado 122618(2)020.1084.502030 $ 450.00 Vision Benefits / D. Alvarado 122618(3)020.1084.502030 $ 450.00 Vision Benefits / R. Alvarado 122618(4)020.1084.502030 $ 450.00 Vision Benefits / W. Cruz 122618(5)020.1084.502030 $ 450.00 Vision Benefits / D. Richens 122618(6)011.1043.502030 $ 450.00 Vision Benefits / M. GuƟerrez 122618(7)011.1043.502030 $ 450.00 Vision Benefits / M. Villareal 122618(8)011.1043.502030 $ 450.00 Vision Benefits / A. Melendez 122618(9)$ 9,450.0001/15/2019 601814Printed: 1/8/2019 3:24:29PMPage 70 of 75146 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019WARRANTSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE055.9000.502030 $ 189.00 Vision Benefits / K. Dusenberry 121218TODD DUSENBERRY002922 ‐ $ 189.0001/15/2019 601815011.1049.590000 $ 650.00 Operator Site InspecƟons 12/18 14279FLEMING ENVIRONMENTAL, INC004438 ‐ $ 650.0001/15/2019 601816011.1031.502030 $ 170.21 Vision Benefits / B. Rodriguez 121718GREGORY GARCIA006061 ‐ 011.1031.502030 $ 268.00 Vision Benefits / G. Garcia 121918011.1031.502030 $ 273.00 Vision Benefits / B. Rodriguez 121918(2)$ 711.2101/15/2019 601817020.1084.596700 $ 60.00 Reimb. T2 Water Treatment CerƟficaƟon 121718DANIEL GOMEZ006417 ‐ $ 60.0001/15/2019 601818011.1031.502030 $ 450.00 Vision Benefits / H. Ziegler 121718BRANDON GRAY001137 ‐ 011.1031.502030 $ 278.51 Vision Benefits / B. Gray 121718(2)$ 728.5101/15/2019 601819011.1031.502030 $ 189.97 Vision Benefits / E. Hernandez 121918MIGUEL HERNANDEZ JR003999 ‐ $ 189.9701/15/2019 601820011.9019.502030 $ 319.00 Vision Benefits / M. Lai 121718MATTHEW LAI005971 ‐ $ 319.0001/15/2019 601821020.1084.596700 $ 45.00 Reimb. DMV Class B Renewal 121318BRIAN LINNERT004610 ‐ 020.1084.596700 $ 110.00 Reimb. Water DistribuƟon CerƟficaƟon 121318(2)$ 155.0001/15/2019 601822Printed: 1/8/2019 3:24:29PMPage 71 of 75147 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019WARRANTSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE055.9000.502030 $ 450.00 Vision Benefits / T. Dusenberry 121318MANUEL D GONZALEZ, O.D.000458 ‐ 011.1043.502030 $ 300.00 Vision Benefits / F. Rodriguez 122618$ 750.0001/15/2019 601823011.1043.596500 $ 8.94 Asphalt Pavement Maintenance & 120518ANA MELENDEZ001011 ‐ $8.9401/15/2019 601824011.1033.596500 $ 100.28 Lodging / Delta Fire 110118TROY MILANO006042 ‐ 011.1033.570000 $ 130.01 Reimb. Fuel for Delta Fire Incident 120518011.1033.596700 $ 675.00 Reimb. Rescue Systems 2 Course 122618$ 905.2901/15/2019 601825055.9200.502030 $ 313.40 Vision Benefits / O. Ngarambe 112618OCTAVIEN NGARAMBE005410 ‐ $ 313.4001/15/2019 601826055.9000.502030 $ 283.00 Vision Benefits / T. Park 121718KELLY NGUYEN005973 ‐ 055.9000.502030 $ 180.00 Vision Benefits / A. Nguyen 121718(2)$ 463.0001/15/2019 601827011.1026.502031 $ 214.00 Vision Benefits / L. Yiu 112118LYNDON ONG YIU000791 ‐ $ 214.0001/15/2019 601828011.1031.540000 $ 364.09 Reimb. Half Cost of Bulletproof Vest 121318JOSE REYNA001145 ‐ $ 364.0901/15/2019 601829011.1004.502030 $ 400.00 Vision Benefits / S. Salas 121718SHIRLEY SALAS001086 ‐ $ 400.0001/15/2019 601830Printed: 1/8/2019 3:24:29PMPage 72 of 75148 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019WARRANTSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE055.9200.502030 $ 209.98 Vision Benefits / S. Sharifzadeh 121718SHAHRAM SHARIFZADEH001470 ‐ 055.9200.502030 $ 306.98 Vision Benefits / H. Salehi 121718(2)$ 516.9601/15/2019 601831011.1031.594200 $ 1,487.50 Parking CitaƟons 11/18 122718SUPERIOR CT OF CAL OF LA005419 ‐ $ 1,487.5001/15/2019 601832011.1026.597000 $ 90.00 Medical Services 3446631CAUS HEALTHWORKS MEDICAL GROUP,003903 ‐ $ 90.0001/15/2019 601833011.1004.502030 $ 327.98 Vision Benefits / J. Valdez 121318JAVIER VALDEZ003599 ‐ 011.1004.502030 $ 124.98 Vision Benefits / J. Valdez 121318(2)$ 452.9601/15/2019 601834011.1031.502030 $ 294.80 Vision Benefits / F. Valenzuela 121718FERNANDO VALENZUELA000125 ‐ $ 294.8001/15/2019 601835011.9019.560010 $ 616.84 Period: 11/18 71003044VERIZON BUSINESS SERVICES001481 ‐ $ 616.8401/15/2019 601836011.1031.502030 $ 300.00 Vision Benefits / K. Encinas 122018VINH TRAN DANG, O.D.003166 ‐ $ 300.0001/15/2019 601837011.1003.596200 $ 375.00 Storage Services 452850WILLIAMS DATA MANAGEMENT003584 ‐ $ 375.0001/15/2019 601838Printed: 1/8/2019 3:24:29PMPage 73 of 75149 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019WARRANTSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1046.590000 $ 1,031.00 Car Wash Services 10118XPRESS WASH, INC006372 ‐ $ 1,031.0001/15/2019 601839TOTAL WARRANTS$ 23,670.47Printed: 1/8/2019 3:24:29PMPage 74 of 75150 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 14JANUARY 15, 2019RECAP BY FUNDFUNDELECTRONIC TOTALEARLY CHECK TOTALWARRANT TOTALGRAND TOTALS$ 2,297,090.80$ 2,717,365.20$ 18,223.11$ 402,051.29011 ‐ GENERAL105,260.20130,183.272,915.0022,008.07020 ‐ WATER13,716,620.3613,751,801.392,532.3632,648.67055 ‐ LIGHT & POWER29,465.0837,276.550.007,811.47056 ‐ NATURAL GAS9,196.179,239.210.0043.04057 ‐ FIBER OPTICGRAND TOTAL$ 16,645,865.62$ 23,670.47$ 464,562.54$ 16,157,632.61TOTAL CHECKS TO BE PRINTED 30Printed: 1/8/2019 3:24:29PMPage 75 of 75151 City Council Agenda Item Report Agenda Item No. COV-37-2019 Submitted by: John Lau Submitting Department: Finance/ Treasury Meeting Date: January 15, 2019 SUBJECT Approval of RDA Obligation Retirement Account Warrant Register No. 49 Covering the Period of November 27 through January 07, 2019 Recommendation: A. Approve RDA Obligation Retirement Account Warrant Register No. 49 which totals $9,431.56 and consists of the following: 1) Ratification of electronic payments totaling $9,431.56. 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. 49 covering claims and demands presented during the period of November 27 through January 07, 2019, 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. 49 152 CITY OF VERNON RDA OBLIGAT]ON RFriREMENT ACCOUNT WARRANT REGiSTER NO.49 JANUARY 15,2019 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 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: paV William Fox Finance Director 蓉゛ P「inted:1/8/2019 2:19:48PM 153 CilY OF VERNON RDA OBLiGAT:ON RFriREMENT ACCOUN丁 WARRANT REGiSttER NO.49 JANUARY 15,2019 ELECrRONIC ACCOuNT :NVOiCE ‐ | IPAVMENT PAYMENT PAVMEN「 vENp91‐NAMFAN,|"UMB「 "I NIUMBER■ ■■ ‐|||■AMOu“T DEScRlPT:ON ‐■|■ ||| | ‐ lNV01,F II■l p.0。■||■‐ ||IDATE ■ NUMBIR IIAMOUNT 005506- 3EST BEST&KRIEGER′LLP 022 1022.594200 5 1′651 56 Re:Redevelopment Advice 835114 12/04/2018 26 S l′651.56 005505- BESTBEST&KRIEGER,LLP 022.1022.594200 S 780.00 Re: RedevelopmentAdvice 838102 12/28/2018 27 5 780.00 001413-BLX GROUP′LLC 0221022.594200 S 7,000 00 FY18 Annual Disclosure RepOrt~ 41994101121418 12/28/2018 28 5 7′000.00 TOTAL ELECrRONIC s 9′431.56 Printed:1/8/2019 2119:48PM Pase 1 of 2 154 CilY OF VERNON RDA OBL:GAT:ON RFTlREMENT ACCOUNT WARRANT REG:STER NO.49 JANUARV 15′2019 RECAP BY FUND ELECrRONIC TOTAL EARLY CHECK TOTAL WARRANT TOTAL GRAND TOTALS 022-VERNON REDEVELOPMENT AGENCY S GRAND TOTAL TOTAL CHECKS TO BE PR:NTED O 9′43156 S 000 S 000 S 9′431.56 9,431.56 s 0.00 S 0.00 S 9′431.56 Printed:1/8/2019 2:19:48PM Pape 2 of 2 155 City Council Agenda Item Report Agenda Item No. COV-40-2019 Submitted by: John Lau Submitting Department: Finance/ Treasury Meeting Date: January 15, 2019 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. 3 to record voided Check No. 600328 in the amount of $113.00 issued 07/17/18 to Cardozo, Angelica. 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 check listed. Fiscal Impact: None. ATTACHMENTS  156 City Council Agenda Item Report Agenda Item No. COV-384-2018 Submitted by: Adriana Ramos Submitting Department: Fire Department Meeting Date: January 15, 2019 SUBJECT Fire Department Activity Report for the Period of October 16 through October 31, 2018 Recommendation: A. Receive and file. Backgroud: Attached is a copy of the Vernon Fire Department Activity Report which covers the period of October 16, 2018 through October 31, 2018. This report covers hours for Fire Prevention, Training, Pre-Incident, Periodic Testing, Public Service Programs and Routine Maintenance. Fiscal Impact: None. ATTACHMENTS 1. Fire Department Activity Report - 10/16/18 to 10/31/18 157 This Period Last Year This This Year Last Year To Date Period To Date ACTIVITY TYPE FIRE PREVENTION: Regular Inspections (#):80 1112 41 1209 Re-Inspections (#):16 188 10 173 Spec. Haz. Inspections (#):0 94 2 37 Total Inspections: 96 1394 53 1419 Total Staff Hours:116 2034 52 1894 TRAINING (HOURS): Firefighting 99 2155 96 2147 Hazardous Materials 31 776 34 772 Safety 126 2604 121 2582 Apparatus Operations 124 2627 128 2585 Equipment Operations 124 2628 138 2578 CPR 2 74 4 84 First Aid 25 632 32 619 Total Hours:531 11496 553 11367 PRE-INCIDENT (HOURS): Planning 87 1759 75 1791 District Familiarization 92 1773 83 1890 Total Hours:179 3532 158 3681 PERIODIC TEST (HOURS): Hose Testing 28 47 2 11 Pump Testing 2 10 0 27 Total Hours: 30 57 2 38 VERNON FIRE DEPARTMENT COMPANY ACTIVITIES October 16, 2018 to October 31, 2018 Page 1 158 PUBLIC SERVICE PROGRAMS (HOURS) School Programs 11 65 9 81 Fire Brigades 0 0 0 16 Emergency Preparedness 16 256 13 275 Total Hours:27 321 22 372 ROUTINE MAINTENANCE (HOURS): Station 119 2471 120 2382 Apparatus 121 2559 118 2417 Equipment 133 2595 120 2467 Total Hours:373 7625 358 7266 Grand Total Hours:1256 25065 1145 24618 :Fireactivity Page 2 159 City Council Agenda Item Report Agenda Item No. COV-432-2018 Submitted by: Adriana Ramos Submitting Department: Fire Department Meeting Date: January 15, 2019 SUBJECT Fire Department Activity Report for the Period of November 1 through November 15, 2018 Recommendation: A. Receive and file. Backgroud: Attached is a copy of the Vernon Fire Department Activity Report which covers the period of November 1, 2018 through November 15, 2018. This report covers hours for Fire Prevention, Training, Pre-Incident, Periodic Testing, Public Service Programs and Routine Maintenance. Fiscal Impact: None. ATTACHMENTS 1. Fire Department Activity Report - 11/01/18 to 11/15/18 160 This Period Last Year This This Year Last Year To Date Period To Date ACTIVITY TYPE FIRE PREVENTION: Regular Inspections (#):45 1157 36 1245 Re-Inspections (#):24 212 18 191 Spec. Haz. Inspections (#):0 94 8 45 Total Inspections: 69 1463 62 1481 Total Staff Hours:63 2097 67 1961 TRAINING (HOURS): Firefighting 96 2251 115 2262 Hazardous Materials 45 821 62 834 Safety 126 2730 146 2728 Apparatus Operations 130 2757 134 2719 Equipment Operations 118 2746 146 2724 CPR 2 76 0 84 First Aid 30 662 29 648 Total Hours:547 12043 632 11999 PRE-INCIDENT (HOURS): Planning 74 1833 107 1898 District Familiarization 74 1847 65 1955 Total Hours:148 3680 172 3853 PERIODIC TEST (HOURS): Hose Testing 18 65 17 28 Pump Testing 0 10 2 29 Total Hours: 18 75 19 57 VERNON FIRE DEPARTMENT COMPANY ACTIVITIES November 1, 2018 to November 15, 2018 Page 1 161 PUBLIC SERVICE PROGRAMS (HOURS) School Programs 12 77 14 95 Fire Brigades 0 0 3 19 Emergency Preparedness 19 275 16 291 Total Hours:31 352 33 405 ROUTINE MAINTENANCE (HOURS): Station 129 2600 127 2509 Apparatus 128 2687 135 2552 Equipment 129 2724 137 2604 Total Hours:386 8011 399 7665 Grand Total Hours:1193 26258 1322 25940 :Fireactivity Page 2 162 City Council Agenda Item Report Agenda Item No. COV-11-2019 Submitted by: Danita Robertson Submitting Department: Police Department Meeting Date: January 15, 2019 SUBJECT Vernon Police Department Activity Log and Statistical Summary for the period of December 1 through December 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 - 12/01/18 to 12/15/18 163 164 165 166 167 168 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/01/201812/01/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181224308PACIFIC BL // 45TH, VERNONVCK21:44:1512/01/2018VS 32WRPTDepartmentOCA NumberRMS JurisVPDCR20181925CA0197300VPDNEWTON,TODD*32W22:09:4821:44:1620181224315E 25TH // SANTA FE AVE, VERNONTRAFFIC STOP22:33:5812/01/2018VICITERPTDepartmentOCA NumberRMS JurisVPDCR20181926CA0197300VPDESTRADA,IGNACIO*S423:24:2922:33:58VPDHERNANDEZ,MIGUEL,JR18E23:24:2822:51:13* Denotes Primary Unit1Page of 112/03/201801:00:46169 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompReceivedComplaint OnScene* Denotes Primary Unit1Page of 112/03/201800:58:32No Case Numbers Issued on 12/02/2018170 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/03/201812/03/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201812244043390 E SLAUSON AV, VERNON484RCHRISTOPHER RANCH03:32:3812/03/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181927 CA0197300VPDVELEZ,MARISSA*38E03:34:14 03:34:1404:03:3703:39:28VPDHERNANDEZ,MIGUEL,JR1804:03:3703:39:25VPDREYNA,JOSE S26W03:35:2704:03:3703:44:06201812244196047 MALBURG WY, VERNON484RBARKLEY TIRE07:55:2412/03/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181928 CA0197300VPDLUCAS,JASON*91E08:01:56 08:01:5709:07:0908:19:4820181224427BANDINI BL // BONNIE BEACH PL, VERNON902TT-MOBILE (877) 653-791108:53:1612/03/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181929 CA0197300VPDOURIQUE,CARLOS*31W08:55:13 08:55:1408:55:52VPDCAM,PATRICK20E08:55:5109:59:4809:08:05VPDGENERA,ELISEO2W4509:13:0508:56:14201812244352126 E 52D, VERNONREPOUNK10:02:4512/03/2018REPODepartmentOCA NumberRMS JurisVPD CR20181930 CA0197300VPDRECORDS BUREAU*RECD11:13:5610:05:03201812244381935 E 55TH, VERNON20002RUNK10:27:0312/03/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181931 CA0197300VPDENCINAS,ANTHONY*40W10:39:27 10:39:4712:21:3510:42:38201812244444380 AYERS AV, VERNON902TROMEO POWER10:48:0112/03/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181932 CA0197300VPDLUCAS,JASON*91E10:49:15 10:49:2612:34:1911:02:011Page of 212/04/201803:12:24171 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/03/201812/03/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201812244464212 E 26TH, VERNON901TRT-MOBILE (877) 653-791111:10:3612/03/2018RPTDepartmentOCA NumberRMS JurisVPDCR20181933CA0197300VPDOURIQUE,CARLOS*31W11:11:4911:13:49VPDCAM,PATRICK20E11:13:4612:34:5811:26:18201812244704322 FURLONG PL, VERNONMISPRCHESLEA19:37:5612/03/2018RPTDepartmentOCA NumberRMS JurisVPDCR20181934CA0197300VPDVELEZ,MARISSA*38W19:39:2520:33:0120:10:52201812244743385 LEONIS, VERNONGTAR21:25:0112/03/2018RPTRPTDepartmentOCA NumberRMS JurisVPDCR20181935CA0197300VPD*26E21:25:17 21:25:2200:14:29 22:21:2921:31:57VPDVELEZ,MARISSA38W21:38:2522:21:3121:57:00VPDVALENZUELA,FERNANDO4121:43:3921:57:08 22:21:3221:59:53* Denotes Primary Unit2Page of 212/04/201803:12:24172 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/04/201812/04/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181224482180 N LOS ANGELES, VERNONWARRANTLAPD/METRO DETENTION01:54:4912/04/20181015RPTDepartmentOCA NumberRMS JurisVPD CR20181937 CA0197300VPDVELEZ,MARISSA*38W01:56:27 01:59:3403:07:2802:11:24201812244833088 E 46TH, VERNON594R01:57:2912/04/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181936 CA0197300VPDREYNA,JOSE S*26E02:24:4001:57:2920181224489S SANTA FE AV // VERNON AV, VERNON20001T-MOBILE (877) 653-791106:48:2312/04/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181938 CA0197300VPDVELEZ,MARISSA*38W06:49:0107:07:5106:49:40VPD20W07:44:0606:53:00VPDREYNA,JOSE S26E07:03:5706:49:38VPD31W07:44:0606:53:45VPDZOZAYA,OSCAR32E07:11:4107:01:47VPDVALENZUELA,FERNANDO4107:08:1406:50:23201812244913305 BANDINI BL, VERNONSRMETFLYING FOOD GROUP07:08:5112/04/2018METRPTDepartmentOCA NumberRMS JurisVPD CR20181939 CA0197300VPDVELEZ,MARISSA*38E07:11:3807:38:4407:14:18VPDZOZAYA,OSCAR32E07:11:4307:14:23VPDOURIQUE,CARLOSMET107:12:3409:33:3007:17:58201812245154510 S BOYLE AV, VERNON911ACONTINENTAL VITAMIN09:52:5012/04/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181940 CA0197300VPDZOZAYA,OSCAR*32E10:02:2111:36:5510:18:41201812245261Page of 312/05/201802:08:11173 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/04/201812/04/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201812245264700 S BOYLE AV, VERNONSRMET11:00:0312/04/2018RPTMETDepartmentOCA NumberRMS JurisVPD CR20181941 CA0197300VPDCAM,PATRICK*20W11:01:3711:57:4211:02:03VPDOURIQUE,CARLOSMET111:14:0813:42:26 13:51:5011:21:04201812245362510 S ALAMEDA, VERNONPEDCK13:58:5012/04/2018METRPTDepartmentOCA NumberRMS JurisVPD CR20181942 CA0197300VPDONOPA,DANIEL*31W14:37:5213:58:50VPDCAM,PATRICK20W15:45:2014:01:38VPDMARTINEZ,GABRIELS614:38:0114:04:52201812245382357 E SLAUSON AV, VERNONRECGLORIAS TIRES14:23:0612/04/2018VRECDepartmentOCA NumberRMS JurisVPD CR20181943 CA0197300VPDZOZAYA,OSCAR*32E14:29:14 14:38:4215:31:5314:48:20201812245394060 E 26TH, VERNON459RCONSTRUCTION SITE14:35:3012/04/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181945 CA0197300VPDONOPA,DANIEL*31W14:37:56 14:38:3515:13:2714:44:14VPDMADRIGAL,MARIA38E14:42:4116:27:5814:50:58VPDMARTINEZ,GABRIELS614:38:2316:27:5814:45:07201812245414848 S SANTA FE AV, VERNONREPOUNK15:20:1712/04/2018REPODepartmentOCA NumberRMS JurisPD 20181224541VPD CR20181944 CA0197300VPDRECORDS BUREAU*RECD17:31:1815:23:17201812245444809 ALCOA AV, VERNON902TGOLDEN STAR IMPORTS16:48:2312/04/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181946 CA01973002Page of 312/05/201802:08:11174 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/04/201812/04/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201812245444809 ALCOA AV, VERNON902TGOLDEN STAR IMPORTS16:48:2312/04/2018RPTDepartmentOCA NumberRMS JurisVPDCR20181946CA0197300VPDONOPA,DANIEL*31W16:51:0816:51:19VPDZOZAYA,OSCAR32E16:51:45 16:52:3017:54:1817:09:20* Denotes Primary Unit3Page of 312/05/201802:08:11175 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/05/201812/05/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181224586S DISTRICT BL // ATLANTIC BL, VERNON20002JAEL08:57:0112/05/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181947 CA0197300VPDCAM,PATRICK*20E09:00:2609:55:0609:03:27VPDHERNANDEZ,MIGUEL,JR32W09:03:2009:55:0609:11:04VPDGAYTAN,LORENZO5D3109:12:3609:01:5320181224587E SLAUSON AV // ALCOA AV, VERNON920PR09:35:4012/05/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181948 CA0197300VPDRECORDS BUREAU*RECD13:54:5309:35:54201812245912340 E 52D, VERNON911ALIFAOM INC10:08:2712/05/2018SUPVPDZOZAYA,OSCAR*26W10:18:2610:53:2710:22:02201812245963100 E SLAUSON AV, VERNONGTARRAIDER PAINTING11:30:2312/05/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181949 CA0197300VPDZOZAYA,OSCAR*26W11:37:5212:37:2011:47:0920181224602LEONIS BL // SEVILLE AV, VERNONPEDCK12:08:3912/05/20181015VPDCROSS,JEREMY*5D3012:26:5812:08:39VPDMADRIGAL,MARIA3812:16:2612:58:3812:19:36VPDGAYTAN,LORENZO5D3112:26:5812:08:58VPDRAMOS,JOSE5D3512:26:5912:09:03201812246092550 S ALAMEDA, VERNONSRMETBURGERIM14:06:3112/05/2018RPTMETDepartmentOCA NumberRMS JurisVPD CR20181950 CA0197300VPDZOZAYA,OSCAR*26W14:07:0915:04:4014:10:541Page of 212/06/201804:18:20176 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/05/201812/05/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201812246092550 S ALAMEDA, VERNONSRMETBURGERIM14:06:3112/05/2018RPTMETDepartmentOCA NumberRMS JurisVPDCR20181950CA0197300VPDMADRIGAL,MARIA3814:18:5214:48:5914:29:50201812246132715 S BONNIE BEACH PL, VERNON487RTOUR COACH15:51:2912/05/2018RPTDepartmentOCA NumberRMS JurisVPDCR20181951CA0197300VPDMADRIGAL,MARIA*3816:01:50 16:02:1117:58:5816:07:46201812246273051 E 46TH, VERNONILLDPGPLATES AND BEYOND21:24:4712/05/20181015RPTVIDepartmentOCA NumberRMS JurisVPDCR20181952CA0197300VPDCERDA,EUGENIO*41E21:25:5923:32:2821:28:53VPDCERDA,PAUL,JR40W21:26:1123:09:1021:26:51* Denotes Primary Unit2Page of 212/06/201804:18:20177 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/06/201812/06/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181224639LEONIS BL // SOTO, VERNON902TCAROL KENM04:52:2012/06/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181953 CA0197300VPDHERRERA,GUSTAVO*S704:54:2005:43:1205:07:21VPDVASQUEZ,LUIS31E05:02:3006:05:4305:06:24VPDVALENZUELA,FERNANDO32W05:03:4406:05:4305:08:0320181224674PACIFIC BL // 45TH, VERNON902TAILEEN11:35:2812/06/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181954 CA0197300VPDZOZAYA,OSCAR*25E11:36:4612:09:0811:38:05VPDVILLEGAS,RICHARD40W12:09:1011:37:2220181224687S SANTA FE AV // PACIFIC BL, VERNON24213:34:5212/06/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181955 CA0197300VPDMADRIGAL,MARIA*38E13:36:08 13:36:0913:36:30VPDZOZAYA,OSCAR25E13:36:4514:16:34VPDVILLEGAS,RICHARD40W14:16:3614:00:12201812246903251 E SLAUSON AV, VERNON901VIG FURNITURE13:48:2712/06/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181956 CA0197300VPDMADRIGAL,MARIA*38E14:16:45 13:50:0814:47:2313:53:50201812247062801 LEONIS BL, VERNONTRAFFIC STOP19:29:0812/06/2018UTLRPTDepartmentOCA NumberRMS JurisVPD CR20181957 CA0197300VPDVASQUEZ,LUIS*4119:54:5919:29:12VPDNEWTON,TODD40E19:30:3819:54:5819:35:44VPDHERRERA,GUSTAVOS719:30:3819:55:0019:35:49201812247071Page of 212/07/201805:26:21178 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/06/201812/06/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201812247072600 E 28TH, VERNON487RFED EX20:12:0212/06/2018RPTDepartmentOCA NumberRMS JurisVPDCR20181958CA0197300VPDLANDA,RAFAEL*32W20:13:36 20:14:0921:20:0520:18:21* Denotes Primary Unit2Page of 212/07/201805:26:21179 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/07/201812/07/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201812247244444 AYERS AV, VERNON902TCHRIS02:59:5212/07/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181959 CA0197300VPDNEWTON,TODD*40E03:01:0004:05:5703:06:30VPDVASQUEZ,LUIS4103:01:0204:05:5903:05:48201812247322221 E 55TH, VERNON602ARMANDO06:32:2412/07/20181015RPTDepartmentOCA NumberRMS JurisVPD CR20181960 CA0197300VPDLANDA,RAFAEL*32W06:34:0007:25:0406:36:05VPD25W06:49:0507:53:3006:51:13VPD31E06:50:4707:34:0006:52:54VPDVELEZ,MARISSA3806:50:3907:30:5406:52:51VPDNEWTON,TODD40E07:15:1206:39:23VPDVASQUEZ,LUIS4106:34:0207:15:2006:36:37201812247485601 BICKETT, VERNON902TRNATALLIE11:09:5112/07/2018RPTCITYDepartmentOCA NumberRMS JurisVPD CR20181961 CA0197300VPDOURIQUE,CARLOS*25W11:12:2411:21:4811:18:05VPDVILLEGAS,RICHARD31E11:13:4211:46:0611:16:22201812247534505 BANDINI BL, VERNON20002RCLASSIC CONCEPTS12:04:2012/07/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181962 CA0197300VPDVILLEGAS,RICHARD*31E12:06:44 12:07:2212:55:4012:20:28VPDVELEZ,MARISSA3812:50:2012:23:15201812247684330 E 26TH, VERNON20002REXPERIOR GLOBAL15:26:1412/07/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181963 CA0197300VPDQUINONES,ANA*2615:44:32 15:44:4117:03:0715:54:521Page of 212/08/201800:12:46180 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/07/201812/07/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201812247775100 S DISTRICT BL, VERNON901T18:20:2212/07/20181015RPTVIDepartmentOCA NumberRMS JurisVPDCR20181964CA0197300VPDQUINONES,ANA*2618:21:13 18:21:1319:42:2218:24:29VPDVELEZ,MARISSA3818:21:3021:11:3618:25:30VPD4018:53:3020:47:5719:03:1920181224793E 48TH // SANTA FE AV, VERNONREC22:22:3612/07/2018VRECVSRPTDepartmentOCA NumberRMS JurisVPDCR20181965CA0197300VPDNEWTON,TODD*32W22:47:2522:22:36* Denotes Primary Unit2Page of 212/08/201800:12:46181 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/08/201812/08/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201812248033560 E VERNON AV, VERNON417VERNON CITY HOUSING01:18:2212/08/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181966 CA0197300VPDHERNANDEZ,MIGUEL,JR*31E01:19:1002:33:0601:19:51VPDNEWTON,TODD32W01:19:21 01:19:2202:33:0601:28:37VPDVASQUEZ,LUIS/LANDA,RAFAEL4001:19:2002:33:0601:21:03VPDESTRADA,IGNACIOS402:33:0701:23:0520181224810INDUSTRIAL WAY // WASHINGTON BL, VERNON594RWASHINGTON SUBPUMP STATION09:21:3212/08/2018RPT1015DepartmentOCA NumberRMS JurisVPD CR20181967 CA0197300VPDQUINONES,ANA*40E09:23:04 09:23:5011:11:3909:39:31VPDVILLEGAS,RICHARD3209:23:07 09:23:5410:39:5709:39:3020181224819INDUSTRIAL WAY // WASHINGTON BL, VERNON594RCITY OF VERNON12:08:3012/08/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181968 CA0197300VPDQUINONES,ANA*40E12:26:2412:11:0420181224820LOMA VISTA AV // DISTRICT BL, VERNON20001RHUBERT LINDINGER12:21:0412/08/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181969 CA0197300VPDOURIQUE,CARLOS*31W12:26:12 12:26:1313:12:2812:29:20201812248396118 ALCOA AV, VERNON484RTHERMO KING19:03:1212/08/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181970 CA0197300VPDVELEZ,MARISSA*38E19:03:3020:23:3819:08:41VPDHERNANDEZ,MIGUEL,JR31W19:28:5220:11:0919:33:29VPD4019:09:0120:11:0719:17:36VPDLANDA,RAFAELXS19:03:3620:23:3919:11:35201812248531Page of 212/09/201802:16:46182 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/08/201812/08/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181224853LEONIS BL // DOWNEY RD, VERNONTRAFFIC STOP23:21:5412/08/2018RPT1015DepartmentOCA NumberRMS JurisVPDCR20181971CA0197300VPDVELEZ,MARISSA*38E00:15:0200:14:54 00:17:1623:21:54VPDHERNANDEZ,MIGUEL,JR31W23:21:5700:09:06 00:17:1623:22:34* Denotes Primary Unit2Page of 212/09/201802:16:46183 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/09/201812/09/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181224867RIO VISTA // SOTO, VERNONWARRANTLAPD HOLLENBECK03:40:0112/09/20181015RPTVPDNEWTON,TODD*4003:51:09 03:51:1004:53:1404:01:26VPDHERNANDEZ,MIGUEL,JR31W03:51:5905:10:4403:56:5920181224871BANDINI BL // ATLANTIC BL, VERNON20002RPAUL SHEVLIN06:59:3412/09/2018RPTDepartmentOCA NumberRMS JurisVPDCR20181972CA0197300VPDCERDA,EUGENIO*41E07:03:2107:26:3707:11:25201812248903240 E 26TH, VERNON594RUNK17:53:1312/09/2018ASSTRPTDepartmentOCA NumberRMS JurisVPDCR20181973CA0197300VPDCERDA,EUGENIO*41E17:55:11 17:55:1218:43:2218:02:12VPDLUCAS,JASON26W17:56:1418:30:5318:02:17201812248974433 S SANTA FE AV, VERNONGTARHOLY ANGELS CHURCH20:03:1912/09/2018RPTDepartmentOCA NumberRMS JurisVPDCR20181974CA0197300VPDHERNANDEZ,MIGUEL,JR*2520:03:1920:14:30 21:27:1320:07:45VPDREYNA,JOSE S40W20:38:4321:19:5821:03:05* Denotes Primary Unit1Page of 112/10/201800:07:13184 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/10/201812/10/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201812249212400 E SLAUSON AV, VERNONRECHPPD OPER JUAN01:22:2812/10/2018VREC1015RPTVPDVELEZ,MARISSA*38E01:23:4003:38:0701:27:06VPDHERNANDEZ,MIGUEL,JR2501:23:4303:23:0101:27:07VPDREYNA,JOSE S40W03:38:0702:41:14201812249414625 E 49TH, VERNON911ABTG09:39:4412/10/2018RPTDepartmentOCA NumberRMS JurisVPDCR20181976CA0197300VPDCAM,PATRICK*26E10:22:5111:47:0710:28:5620181224959S SANTA FE AV // 51ST, VERNON902TSERGIO PICANO14:48:2512/10/2018RPTDepartmentOCA NumberRMS JurisVPDCR20181977CA0197300VPDENCINAS,ANTHONY*32W14:50:1715:45:4314:54:04201812249614500 SEVILLE AV, VERNON902T15:18:1712/10/2018RPTDepartmentOCA NumberRMS JurisVPDCR20181978CA0197300VPDCAM,PATRICK*26E15:29:18 15:29:3715:29:47VPDLUCAS,JASON3115:29:4517:07:5015:42:59VPDHERNANDEZ,EDWARD5D3216:03:4515:47:37* Denotes Primary Unit1Page of 112/11/201805:09:05185 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/11/201812/11/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181224982131 N ISABEL ST, GLENDALEWARRANTGLENDALE POLICE00:22:0612/11/20181015RPTDepartmentOCA NumberRMS JurisVPD CR20181979 CA0197300VPDVALENZUELA,FERNANDO*40E00:23:5501:48:4000:55:38201812250103110 E 26TH, VERNONSRMETBARON DISTRIBUTORS08:56:1912/11/2018RPTMETDepartmentOCA NumberRMS JurisVPD CR20181980 CA0197300VPDENCINAS,ANTHONY*40E08:57:48 08:58:2009:12:3609:06:59VPDONOPA,DANIEL26W09:00:3909:25:0209:02:27VPD31E08:57:49 08:58:2209:23:5309:05:08VPDOURIQUE,CARLOSMET108:58:3710:23:5309:04:02201812250323569 E VERNON AV, VERNON594RSUNNY SUNGLASSES11:51:5112/11/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181982 CA0197300VPDZOZAYA,OSCAR*31E11:52:5212:46:4612:04:29201812250335527 S DISTRICT BL, VERNONREPOUNK11:55:2412/11/2018REPODepartmentOCA NumberRMS JurisVPD CR20181981 CA0197300VPDRECORDS BUREAU*RECD14:12:2111:57:25201812250422046 E 52D, VERNON484RUNK14:21:2812/11/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181983 CA0197300VPDZOZAYA,OSCAR*31E14:45:5015:10:5214:55:41VPDONOPA,DANIEL26W14:47:0014:54:00 15:10:5214:51:01VPDENCINAS,ANTHONY40E14:58:2514:53:5820181225043E VERNON AV // SOTO ST, VERNON20002T-MOBILE (877) 653-791115:32:2112/11/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181984 CA0197300VPDZOZAYA,OSCAR*31E15:33:14 15:34:3516:44:0315:41:091Page of 212/12/201805:06:54186 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/11/201812/11/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181225043E VERNON AV // SOTO ST, VERNON20002T-MOBILE (877) 653-791115:32:2112/11/2018RPTDepartmentOCA NumberRMS JurisVPDCR20181984CA0197300VPDONOPA,DANIEL26W15:33:16 15:34:3116:49:5615:41:292018122504545TH//SEVILLE, VERNONGTAROVERHILL FARMS16:15:3212/11/2018RPTRPCBDepartmentOCA NumberRMS JurisVPDCR20181986CA0197300VPDENCINAS,ANTHONY*40E16:19:1116:44:5816:27:55VPDREYNA,JOSE S2618:48:3718:48:05VPD40W19:02:28 19:46:3118:50:32201812250464401 DOWNEY RD, VERNON901VERIZON WIRELESS 1-800-451-524216:41:4512/11/20181015VSRPTDepartmentOCA NumberRMS JurisVPDCR20181985CA0197300VPDCAM,PATRICK*2016:42:3220:51:4616:48:01VPDONOPA,DANIEL26W18:27:0716:50:00VPDZOZAYA,OSCAR31E16:44:0518:42:5716:46:59VPDENCINAS,ANTHONY40E18:42:5716:45:03VPD41E18:39:3218:41:01201812250553060 E 44TH, VERNONDUITREMCO20:57:5912/11/20181015RPTVIDepartmentOCA NumberRMS JurisVPDCR20181987CA0197300VPDVALENZUELA,FERNANDO*31E20:59:14 21:00:1423:31:1021:07:43VPD26W00:16:3022:31:20VPDCERDA,EUGENIO40W23:31:0321:02:05VPDCERDA,PAUL,JR41E20:59:16 21:00:3822:36:3921:03:24* Denotes Primary Unit2Page of 212/12/201805:06:54187 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/12/201812/12/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181225071BANDINI BL // ATLANTIC BL, VERNON901TRVERIZON WIRELESS 1-800-451-524206:28:5612/12/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181988 CA0197300VPDCERDA,PAUL,JR*41E06:29:50 06:29:5107:44:2906:36:48VPDREYNA,JOSE S26W07:27:2606:41:00VPDQUINONES,ANA31E07:31:2807:08:08VPDCERDA,EUGENIO40W07:06:0806:36:39201812250753060 E 44TH, VERNON140TREMCO07:27:4112/12/2018SUPVPDQUINONES,ANA*31E07:35:3007:35:44VPDHERNANDEZ,MIGUEL,JR2607:35:4108:21:5007:38:26201812250826011 MALBURG WY, VERNONGTARGEOGREEN BIOFULES08:58:0412/12/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181989 CA0197300VPDQUINONES,ANA*31E09:02:5009:55:0709:11:15201812250902101 E 38TH, VERNON901T-MOBILE (877) 653-791111:02:4012/12/2018RPTVSDepartmentOCA NumberRMS JurisVPD CR20181990 CA0197300VPDZOZAYA,OSCAR*32W11:03:1312:05:1111:05:51VPDHERNANDEZ,MIGUEL,JR2612:02:0111:11:01VPDQUINONES,ANA31E11:54:1712:00:3011:05:56VPDPEREZ,NICKL212:05:1211:17:13VPDMARTINEZ,GABRIELS612:05:1211:04:09201812250924250 S ALAMEDA, VERNON459RAMERICAN STORAGE12:43:5212/12/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181991 CA0197300VPDHERNANDEZ,MIGUEL,JR*2613:24:1812:44:37201812250991Page of 212/13/201803:40:51188 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/12/201812/12/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201812250991900 E 25TH, VERNONPLATESHOWROOM16:14:2912/12/2018RPTDepartmentOCA NumberRMS JurisVPDCR20181992CA0197300VPDZOZAYA,OSCAR*32W16:15:3516:47:2316:29:42* Denotes Primary Unit2Page of 212/13/201803:40:51189 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/13/201812/13/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201812251282050 E 55TH, VERNONBOMBPREFERED FREEZER10:41:2112/13/2018CKOKRPTDepartmentOCA NumberRMS JurisVPD CR20181993 CA0197300VPDVELEZ,MARISSA*26E10:47:5911:06:2610:50:44VPDVILLEGAS,RICHARD41W10:48:1911:53:3810:53:57VPDHERNANDEZ,EDWARD5D3211:53:3911:31:26VPDDOCHERTY,MICHAEL91E11:07:1111:23:57VPDGRAY,BRANDONL111:26:2811:25:52VPDPEREZ,NICKL210:48:0811:39:1610:57:26VPDCHAVEZ,JERRY,JRS210:48:0311:06:2810:50:40VPDHERRERA,GUSTAVOS710:48:0611:06:3010:57:10201812251303737 S SANTA FE AV, VERNON484RIMPORT FLOORING11:07:1812/13/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181994 CA0197300VPDVELEZ,MARISSA*26E12:10:4112:46:06201812251373575 ROSS, VERNON261RHEITZ TRUCKING11:49:0812/13/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181995 CA0197300VPDVILLEGAS,RICHARD*41W11:54:1312:41:3911:59:32201812251414955 EVERETT CT, VERNON476REDRIS PLASTICS12:23:1812/13/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181996 CA0197300VPDDOCHERTY,MICHAEL*91E12:33:1313:48:5212:33:182018122514654TH//SOTO, VERNON902TNOT YOUR DAUGHTERS JEANS13:08:5112/13/2018RPTCITYDepartmentOCA NumberRMS JurisVPD CR20181997 CA0197300VPDMADRIGAL,MARIA*31W13:10:0113:51:3413:12:59VPDVELEZ,MARISSA26E13:22:5513:51:3413:36:04201812251531Page of 312/17/201812:38:55190 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/13/201812/13/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181225153S ATLANTIC BL // BANDINI BL, VERNON20002R14:26:4512/13/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181998 CA0197300VPDVILLEGAS,RICHARD*41W14:28:0815:10:4814:32:0420181225154S ATLANTIC BL // BANDINI BL, VERNONPDOHECTOR MORALES15:00:4012/13/2018RPTDepartmentOCA NumberRMS JurisVPD CR20181999 CA0197300VPDRECORDS BUREAU*RECD15:33:3315:30:57201812251552920 ROSS, VERNON902TUPS15:02:5312/13/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182000 CA0197300VPDVILLEGAS,RICHARD*41W15:11:09 15:11:3815:12:01VPDDOCHERTY,MICHAEL91E15:12:0016:40:0315:23:0420181225162CUDAHY // FRUITLAND AV, VERNON901TVERIZON WIRELESS 1-800-451-524216:57:0112/13/2018RPTCITYDepartmentOCA NumberRMS JurisVPD CR20182001 CA0197300VPDVELEZ,MARISSA*26E16:57:46 16:58:2218:30:2517:00:13VPDCERDA,EUGENIO41W17:03:4218:22:0317:11:29201812251674305 S SANTA FE AV, VERNON911A19:04:2712/13/2018ASSTSUPVPDNEWTON,TODD*31W19:06:3419:41:4519:06:4020181225182E 26TH // SIERRA PINE AV, VERNONTRAFFIC STOP23:11:5812/13/2018RPTVSDepartmentOCA NumberRMS JurisVPD CR20182002 CA0197300VPD CR20182018 CA0197300VPDNEWTON,TODD*31W01:06:4423:11:58VPDVASQUEZ,LUIS32W00:26:4223:19:52VPDCERDA,EUGENIO41E23:12:0023:57:4223:21:022Page of 312/17/201812:38:55191 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/13/201812/13/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201812251862380 E 57TH, VERNONGTARAT&T MOBILITY 800 635 6840 423:51:4012/13/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182003 CA0197300VPDCERDA,EUGENIO*41E23:57:4200:52:3600:03:19* Denotes Primary Unit3Page of 312/17/201812:38:55192 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/14/201812/14/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181225199S SANTA FE AV // 37TH, VERNONBOSIG05:36:0612/14/2018TSRNRPTDepartmentOCA NumberRMS JurisVPD CR20182004 CA0197300VPDNEWTON,TODD*31W05:38:1205:59:2005:40:2020181225205E VERNON AV // SEVILLE AV, VERNON20002RT-MOBILE (877) 653-791107:13:4912/14/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182005 CA0197300VPD*32W07:16:2707:17:10VPD26W07:16:2907:56:5707:26:06201812252066180 ALCOA AV, VERNONREC07:41:2112/14/2018VRECDepartmentOCA NumberRMS JurisVPD CR20182006 CA0197300VPDOURIQUE,CARLOS*31E08:09:0507:42:2920181225208VERNON // DOWNEY RD, VERNON31408:05:5512/14/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182007 CA0197300VPDOURIQUE,CARLOS*31E09:57:2308:09:08VPDQUINONES,ANA26W08:22:4408:46:0908:27:19201812252183294 E 26TH, VERNON925SOEX WEST USA10:57:2912/14/20181015SRVDADVVPDOURIQUE,CARLOS*31E11:00:4212:02:1011:04:02VPDDOCHERTY,MICHAEL91E11:00:4311:54:0011:02:40201812252213278 E SLAUSON AV, VERNON484AMPM11:50:5112/14/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182008 CA0197300VPDDOCHERTY,MICHAEL*91E11:54:0312:38:3511:57:50VPDQUINONES,ANA26W12:10:2011:54:301Page of 212/15/201800:43:33193 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/14/201812/14/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181225250S SOTO // LEONIS BL, VERNONPEDCK21:54:0712/14/2018RPTDepartmentOCA NumberRMS JurisVPDCR20182009CA0197300VPDZOZAYA,OSCAR/ENCINAS,ANTHONY*T822:29:0421:54:07VPDHERNANDEZ,MIGUEL,JR31E22:00:33 22:00:3322:29:0422:11:23201812252563051 E 46TH, VERNON459RPLATES AND BEYOND22:50:3012/14/2018RPTDepartmentOCA NumberRMS JurisVPDCR20182010CA0197300VPDHERNANDEZ,MIGUEL,JR*31E22:52:4300:02:1822:58:30* Denotes Primary Unit2Page of 212/15/201800:43:33194 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/15/201812/15/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201812252643800 S SANTA FE AV, VERNONTRAFFIC STOP00:09:0912/15/20181015VIDepartmentOCA NumberRMS JurisVPD CR20182011 CA0197300VPDNEWTON,TODD*20E00:23:0000:09:09VPDHERNANDEZ,MIGUEL,JR31E00:22:5800:09:46VPDZOZAYA,OSCAR/ENCINAS,ANTHONYT800:11:1902:44:3400:16:5220181225271E 49TH // ALAMEDA, VERNONREC01:18:3012/15/2018VRECRPTVPDESTRADA,IGNACIO*S401:36:2901:18:30VPDVASQUEZ,LUIS40W01:18:4901:39:4401:19:4720181225275FRUITLAND AV // DE KALB AV, VERNON245RAT&T MOBILITY 800 635 6840 401:34:5612/15/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182012 CA0197300VPDLANDA,RAFAEL*41W01:36:2602:44:2201:39:22VPDNEWTON,TODD20E01:40:3902:44:2101:45:33VPDHERNANDEZ,MIGUEL,JR31E01:44:1002:44:2101:50:32VPDVASQUEZ,LUIS40W01:44:2402:44:2101:46:41VPDESTRADA,IGNACIOS401:36:3001:37:42201812252873825 S SANTA FE AV, VERNON484RLOYAL VENDING07:59:0012/15/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182013 CA0197300VPDDOCHERTY,MICHAEL*91W08:02:02 08:02:2909:26:4408:22:08201812252964707 E 49TH, VERNONMR60PJS AND SLEEP CO12:34:1812/15/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182014 CA0197300VPDLUCAS,JASON*26E12:36:34 12:36:5614:45:5512:50:15201812253021Page of 212/16/201800:00:30195 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/15/201812/15/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181225302E 26TH // SANTA FE AV, VERNON901T17:24:4812/15/2018RPTDepartmentOCA NumberRMS JurisVPDCR20182015CA0197300VPDQUINONES,ANA*3218:26:5117:24:48VPDLUCAS,JASON26E18:16:5517:53:05VPDDOCHERTY,MICHAEL91W18:26:5217:52:49VPDVILLEGAS,RICHARDXS17:26:2318:10:3317:34:14* Denotes Primary Unit2Page of 212/16/201800:00:30196 City Council Agenda Item Report Agenda Item No. COV-27-2019 Submitted by: Danita Robertson Submitting Department: Police Department Meeting Date: January 15, 2019 SUBJECT Vernon Police Department Activity Log and Statistical Summary for the period of December 16 through December 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 - 12/16/18 to 12/31/18 197 198 199 200 201 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/16/201812/16/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181225335ROSS // 38TH, VERNON20002RDANNY03:59:3312/16/2018RPTVICITYDepartmentOCA NumberRMS JurisVPDCR20182016CA0197300VPDNEWTON,TODD*4104:01:25 04:01:2604:47:2304:04:15VPDVELEZ,MARISSA32W04:02:0704:47:2304:04:13VPDHERNANDEZ,MIGUEL,JR40E04:02:0504:47:2304:07:16201812253394305 S SANTA FE AV, VERNON911AJAIME11:36:3612/16/2018SUPVPDVELASQUEZ,RICHARD*4111:37:2412:05:0211:43:34VPDONOPA,DANIEL31W12:05:0211:47:17201812253492550 S ALAMEDA, VERNON484JERSEY MIKES17:26:5712/16/2018RPTDepartmentOCA NumberRMS JurisVPDCR20182017CA0197300VPDVELEZ,MARISSA*3217:27:49 17:28:2519:05:4817:33:57VPDONOPA,DANIEL31W18:45:0318:28:40VPD32W20:59:2319:05:46VPDLUCAS,JASON40E17:27:51 17:28:2619:04:5217:33:52VPDMARTINEZ,GABRIELS617:32:5119:04:5717:33:22* Denotes Primary Unit1Page of 112/17/201804:01:48202 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/17/201812/17/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201812253824423 FRUITLAND AV, VERNONDET08:03:2312/17/2018RPT1015VPDGAYTAN,LORENZO*5D3110:29:3208:03:23VPDHERNANDEZ,EDWARD5D3210:29:3308:03:3520181225385DE KALB AV // 49TH, VERNONCODE508:42:5612/17/2018VIVPDCROSS,JEREMY*5D3010:25:5508:42:56VPDCAM,PATRICK20W08:43:0008:46:58VPDENCINAS,ANTHONY31E08:44:4410:25:5508:50:48201812253923810 S SANTA FE AV, VERNON459VACANT BUILDING11:31:2612/17/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182019 CA0197300VPDCAM,PATRICK*20W11:32:49 11:36:4711:34:34 12:09:4811:37:49VPDONOPA,DANIEL26W11:34:2112:09:5011:35:22VPDENCINAS,ANTHONY31E12:09:5111:37:47VPDZOZAYA,OSCAR32E11:32:5112:01:5111:36:39VPDMARTINEZ,GABRIELS611:34:2912:09:5111:36:28201812253992938 E 54TH, VERNONRECUNK13:54:1012/17/2018VRECDepartmentOCA NumberRMS JurisVPD CR20182020 CA0197300VPDZOZAYA,OSCAR*32E13:55:3514:39:4913:59:46201812254013840 E 26TH, VERNON901TGRAND PACKAGING INC15:09:1112/17/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182022 CA0197300VPDZOZAYA,OSCAR*32E15:09:4616:19:2315:14:51VPDCAM,PATRICK20W15:18:4716:19:2315:21:51VPDENCINAS,ANTHONY31E15:09:5416:19:2315:18:16201812254021Page of 312/18/201802:55:14203 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/17/201812/17/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201812254025075 S SANTA FE AV, VERNONREPOUNK15:25:3112/17/2018REPODepartmentOCA NumberRMS JurisVPD CR20182021 CA0197300VPDRECORDS BUREAU*RECD15:54:0315:25:50201812254034368 BANDINI BL, VERNONGTARLA LIFT15:29:4712/17/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182023 CA0197300VPDONOPA,DANIEL*26W15:47:43 15:48:0016:23:0716:09:33201812254044505 BANDINI BL, VERNON902TCECILIA GONZALEZ16:17:0312/17/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182024 CA0197300VPDZOZAYA,OSCAR*32E16:19:2717:03:2816:24:19VPDENCINAS,ANTHONY31E16:19:3916:41:0116:23:56201812254085733 FORTUNA, VERNONLOCATELAPD/ US TOW16:55:4312/17/2018VRECVPDZOZAYA,OSCAR*32E17:03:3317:03:37201812254132550 E 28TH, VERNON487R18:11:0712/17/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182025 CA0197300VPDCAM,PATRICK*20W18:14:4518:11:47VPDONOPA,DANIEL26W18:36:5118:14:3020181225414S SOTO // VERNON AV, VERNON20002ROLEG OYFE18:23:0812/17/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182026 CA0197300VPDCAM,PATRICK*20W18:24:26 18:24:2718:25:22VPDZOZAYA,OSCAR32E18:25:2018:44:1418:26:26201812254352Page of 312/18/201802:55:14204 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/17/201812/17/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181225435S SOTO // LEONIS BL, VERNONRECKLESS DRVFASHION NOVA23:49:3212/17/2018CITERPTVIDepartmentOCA NumberRMS JurisVPD CR20182027 CA0197300VPDREYNA,JOSE S*32W23:51:3200:52:3223:53:00VPDVALENZUELA,FERNANDO40E23:53:3000:31:2200:15:16VPDVASQUEZ,LUIS4123:53:3123:55:29 00:52:3300:11:07VPDHERRERA,GUSTAVOS700:13:0423:53:41* Denotes Primary Unit3Page of 312/18/201802:55:14205 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/18/201812/18/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201812254465353 DOWNEY RD, VERNONSRMETJ AND J SNACK FOODS06:04:2012/18/2018METRPTDepartmentOCA NumberRMS JurisVPD CR20182028 CA0197300VPDVALENZUELA,FERNANDO*40E06:04:39 06:05:2406:48:0806:08:05VPDVASQUEZ,LUIS4106:04:40 06:05:2806:54:4806:08:08VPDOURIQUE,CARLOSMET106:18:0708:05:5106:34:49201812254494525 E DISTRICT BL, VERNONREPOBON APPETIT06:49:3812/18/2018REPODepartmentOCA NumberRMS JurisVPD CR20182029 CA0197300VPDRECORDS BUREAU*RECD07:04:2006:53:0020181225457S SOTO // 46TH, VERNONMR6007:27:4412/18/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182030 CA0197300VPD*40W07:33:2007:30:08201812254585688 S BOYLE AV, VERNON487RACME07:35:4612/18/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182031 CA0197300VPDENCINAS,ANTHONY*31E07:37:18 07:37:4609:02:5307:54:44201812254866011 MALBURG WY, VERNONREC10:51:2712/18/2018VRECVPDZOZAYA,OSCAR*32E10:51:2711:51:3711:14:55201812254961901 E 55TH, VERNON415CLEO APPAREL12:16:1812/18/2018RPTVIDepartmentOCA NumberRMS JurisVPD CR20182033 CA0197300VPDONOPA,DANIEL*40W12:17:2614:26:5312:20:35VPDZOZAYA,OSCAR32E12:23:4114:26:5312:23:50VPDMARTINEZ,GABRIELS612:55:3314:26:5312:59:211Page of 212/19/201800:21:23206 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/18/201812/18/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201812254972448 E 25TH, VERNONSRMETUNK12:21:2612/18/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182032 CA0197300VPDCAM,PATRICK*20W12:23:1712:55:0712:25:10VPDENCINAS,ANTHONY31E12:23:2912:50:5612:28:19VPDOURIQUE,CARLOSMET116:24:2912:43:50VPDMARTINEZ,GABRIELS612:26:3712:55:0212:26:45201812254992570 E 26TH, VERNONREPOUnk13:30:0412/18/2018REPODepartmentOCA NumberRMS JurisVPD CR20182034 CA0197300VPDRECORDS BUREAU*recd16:40:4913:31:01201812255024341 E DISTRICT BL, VERNON484REPIC14:52:2812/18/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182036 CA0197300VPDCAM,PATRICK*20W16:31:5515:09:06201812255044305 S SANTA FE AV, VERNON245R15:13:3212/18/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182035 CA0197300VPDONOPA,DANIEL*40W16:24:2215:13:32VPDZOZAYA,OSCAR32E16:24:2215:36:1420181225511FRUITLAND AV // ALCOA AV, VERNONGTARJESUS PADILLA RUIZ17:12:1312/18/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182037 CA0197300VPDENCINAS,ANTHONY*31E17:24:0818:30:3517:41:47VPDZOZAYA,OSCAR32E18:30:3517:50:18* Denotes Primary Unit2Page of 212/19/201800:21:23207 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/19/201812/19/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181225556HAMPTON // FRUITLAND AV, VERNONUNATTACHEDTR10:04:3012/19/2018VIRPTDepartmentOCA NumberRMS JurisVPD CR20182038 CA0197300VPDENCINAS,ANTHONY*17W10:50:0410:04:30201812255714615 ALCOA AV, VERNONASTVFDT-MOBILE (877) 653-791115:19:3612/19/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182039 CA0197300VPDMADRIGAL,MARIA*18E15:20:24 15:20:5216:47:2815:25:10201812255813030 S ATLANTIC BL, VERNON20002RCHP18:31:5412/19/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182040 CA0197300VPDMADRIGAL,MARIA*18E18:33:1219:16:1618:46:1020181225593E VERNON AV // BOYLE AV, VERNONRECKLESS DRV22:35:0512/19/20181015RPTVIDepartmentOCA NumberRMS JurisVPD CR20182041 CA0197300VPDCERDA,PAUL,JR*40E22:35:3823:11:2222:37:16VPDVALENZUELA,FERNANDO31W22:35:3922:41:5522:37:22VPDCERDA,EUGENIO3223:52:5322:39:56201812255956180 ALCOA AV, VERNON20002RADRIANNA22:55:2712/19/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182042 CA0197300VPDVALENZUELA,FERNANDO*31W23:04:4423:33:3223:25:37VPDCERDA,PAUL,JR40E23:50:1423:11:27* Denotes Primary Unit1Page of 112/20/201801:00:42208 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/20/201812/20/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181225603S SANTA FE AV // 55TH, VERNON901TRT-MOBILE (877) 653-791106:02:2312/20/2018RPTVSDepartmentOCA NumberRMS JurisVPD CR20182043 CA0197300VPDCERDA,EUGENIO*3206:03:3806:53:2606:05:49VPDCERDA,PAUL,JR40E06:23:0106:54:4206:53:24201812256045050 S SANTA FE AV, VERNON902TROGERS POULTRY07:02:3812/20/20181015RPTVSCITYDepartmentOCA NumberRMS JurisVPD CR20182044 CA0197300VPD CR20182046 CA0197300VPDQUINONES,ANA*18W07:05:2908:31:1407:09:17VPDCERDA,PAUL,JR40E07:22:0108:12:2707:24:0120181225606FRUITLAND AV // GIFFORD AV, VERNONGTARSPRINT 866-398-328407:08:1712/20/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182045 CA0197300VPDDOCHERTY,MICHAEL*91E07:11:2408:20:5407:30:48201812256112021 E 52D, VERNON594RALLIED SALES08:31:3312/20/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182047 CA0197300VPDQUINONES,ANA*18W08:33:3108:56:1708:39:0820181225623S SOTO // LEONIS BL, VERNON902TARTURO DIAZ12:32:1712/20/2018RPTCITEDepartmentOCA NumberRMS JurisVPD CR20182048 CA0197300VPDMADRIGAL,MARIA*2612:36:0712:45:43VPDQUINONES,ANA18W12:45:4512:39:12VPDDOCHERTY,MICHAEL91E12:36:0913:09:3912:49:41201812256374735 E DISTRICT BL, VERNON901TRWORLD MACHINERY16:28:4912/20/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182049 CA01973001Page of 212/21/201805:07:33209 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/20/201812/20/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201812256374735 E DISTRICT BL, VERNON901TRWORLD MACHINERY16:28:4912/20/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182049 CA0197300VPDDOCHERTY,MICHAEL*91E16:31:1917:25:0816:39:10201812256384408 BANDINI BL, VERNON902TDOLLAR EMPIRE17:25:3012/20/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182050 CA0197300VPDDOCHERTY,MICHAEL*91E17:29:4618:30:2517:42:39201812256434320 S SANTA FE AV, VERNON240R19:36:0612/20/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182051 CA0197300VPDLANDA,RAFAEL*1719:38:37 19:40:0419:41:20VPDMADRIGAL,MARIA2621:17:2719:40:14VPD91W21:36:1621:24:51201812256473349 FRUITLAND AV, VERNON901TRSANDRA RODRIGUEZ21:34:4512/20/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182052 CA0197300VPDLUCAS,JASON*91W21:36:2022:41:2321:39:39VPDSANTOS,DANIELS322:41:2422:02:30* Denotes Primary Unit2Page of 212/21/201805:07:33210 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/21/201812/21/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181225660S SANTA FE AV // 27TH, VERNON901TVERIZON WIRELESS 1-800-451-524205:17:0612/21/2018VSRPTDepartmentOCA NumberRMS JurisVPD CR20182053 CA0197300VPDLANDA,RAFAEL*1705:18:1506:13:1005:21:37VPDCERDA,EUGENIO20E05:18:2406:13:1005:23:0020181225663S DISTRICT BL // ATLANTIC BL, VERNON902TVERIZON WIRELESS 1-800-451-524206:13:2112/21/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182054 CA0197300VPDCERDA,EUGENIO*20E06:14:2306:58:0506:20:01VPDLANDA,RAFAEL1706:14:2406:58:0506:24:5520181225667MAYWOOD AV // FRUITLAND AV, VERNON901TROSA SOTELO07:35:2312/21/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182055 CA0197300VPDQUINONES,ANA*18E07:36:4708:01:2007:39:05VPDOURIQUE,CARLOS31W08:01:2007:45:41201812256754632 PACIFIC BL, VERNONVCK10:20:4912/21/2018VSRPTDepartmentOCA NumberRMS JurisVPD CR20182056 CA0197300VPDOURIQUE,CARLOS*31W10:52:1610:20:49201812256814601 E 50TH, VERNON594RCORE SYSTEMS12:16:5212/21/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182057 CA0197300VPDOURIQUE,CARLOS*31W12:24:5013:08:4612:28:16201812256823390 E SLAUSON AV, VERNON20002RCHRISTOPHER RANCH12:21:5512/21/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182058 CA0197300VPDQUINONES,ANA*18E12:24:2512:25:19VPDDOCHERTY,MICHAEL9112:25:1613:24:0112:47:351Page of 312/22/201803:59:41211 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/21/201812/21/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201812256834809 ALCOA AV, VERNON459RGOLDEN STAR IMPORTS12:39:3312/21/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182059 CA0197300VPDQUINONES,ANA*18E12:41:2113:52:5712:42:24201812256903480 E 26TH, VERNON902TM TEXTILE14:59:3812/21/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182060 CA0197300VPDQUINONES,ANA*18E15:01:1016:22:1515:08:58VPDDOCHERTY,MICHAEL9115:14:3016:22:1615:20:06201812256917714 PACIFIC BL, WALNUT PARKRECWALTON TOW15:25:4012/21/2018VRECVPDRECORDS BUREAU*RECD16:21:5015:26:2120181225692S SANTA FE AV // 28TH, VERNON902T15:46:5912/21/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182061 CA0197300VPDCHAVEZ,JERRY,JR*S216:43:1215:46:59VPDOURIQUE,CARLOS31W15:47:1816:43:1116:25:3620181225703S SANTA FE AV // 37TH, VERNONDUI CKPT19:52:3212/21/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182062 CA0197300VPDHERRERA,GUSTAVO*S701:51:4519:53:02VPDSANTOS,DANIELS320:21:3901:51:4420:22:1520181225709S SANTA FE AV // 37TH, VERNONDUITRAFFIC20:41:1712/21/2018VIRPTDepartmentOCA NumberRMS JurisVPD CR20182063 CA0197300VPDHERNANDEZ,MIGUEL,JR*3L921:35:4420:42:08201812257192Page of 312/22/201803:59:41212 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/21/201812/21/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201812257192638 E VERNON AV, VERNONASTVFDCAMINO REAL,22:12:5712/21/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182064 CA0197300VPDLANDA,RAFAEL*17W22:14:0022:49:2022:16:02VPDVASQUEZ,LUIS4122:43:3122:20:2920181225727S SANTA FE AV // 37TH, VERNONDUITRAFFIC22:58:0612/21/2018VIRPTDepartmentOCA NumberRMS JurisVPD CR20182065 CA0197300VPDZOZAYA,OSCAR*3L702:01:0322:58:0620181225730S SANTA FE AV // 25TH, VERNONDUITRAFFIC23:49:0812/21/2018RPT1015VIDepartmentOCA NumberRMS JurisVPD CR20182066 CA0197300VPDCAM,PATRICK*3L1002:07:1723:49:08VPDENCINAS,ANTHONY3L423:53:2900:27:09* Denotes Primary Unit3Page of 312/22/201803:59:41213 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/22/201812/22/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181225732S SANTA FE AV // 37TH, VERNONDUITRAFFIC00:29:1612/22/2018RPT1015DepartmentOCA NumberRMS JurisVPD CR20182067 CA0197300VPDVELEZ,MARISSA*3L1100:53:5500:29:1620181225733S SANTA FE AV // 37TH, VERNONDUITRAFFIC00:41:4212/22/2018VIRPTDepartmentOCA NumberRMS JurisVPD CR20182068 CA0197300VPDGAYTAN,LORENZO*3L302:39:2100:41:42201812257364305 S SANTA FE AV, VERNONMR6001:08:0012/22/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182069 CA0197300VPDENCINAS,ANTHONY*3L401:51:3401:08:3220181225738E 37TH // SOTO, VERNONVCK01:20:4812/22/2018VSRPTDepartmentOCA NumberRMS JurisVPD CR20182070 CA0197300VPDNEWTON,TODD*26E02:09:0801:20:49201812257582221 E 55TH, VERNONPATCK10:04:5712/22/20181015VPDLUCAS,JASON*41W10:05:5110:43:0710:12:05VPDDOCHERTY,MICHAEL91W10:05:5311:53:0810:12:1020181225760S BOYLE AV // LEONIS BL, VERNONPEDCK10:43:1512/22/20181015VPDLUCAS,JASON*41W11:54:1710:43:15VPDQUINONES,ANA26E11:02:5811:21:2311:06:58201812257701Page of 212/23/201800:12:21214 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/22/201812/22/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181225770E 45TH // SEVILLE AV, VERNON459VRMARIO CRUZ18:29:2612/22/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182071 CA0197300VPDLUCAS,JASON*41W18:34:51 18:34:5218:35:03VPDDOCHERTY,MICHAEL91W18:52:53 19:05:1118:35:01201812257785812 PACIFIC BL, VERNONTRAFFIC STOP21:02:1612/22/20181015RPTVSDepartmentOCA NumberRMS JurisVPD CR20182072 CA0197300VPDVELEZ,MARISSA*20W22:14:4721:02:16VPDHERNANDEZ,MIGUEL,JR32E21:54:1821:02:18VPDNEWTON,TODD4021:27:4522:14:4721:29:39* Denotes Primary Unit2Page of 212/23/201800:12:21215 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/23/201812/23/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181225802S BOYLE AV // 44TH, VERNONPEDCK01:19:4712/23/20181015RPTDepartmentOCA NumberRMS JurisVPD CR20182073 CA0197300VPDHERNANDEZ,MIGUEL,JR*32E02:31:3201:19:47VPDVELEZ,MARISSA20W01:53:3201:21:2920181225820SLAUSON // MALBURG WAY, VERNONPEDCK09:41:1812/23/2018RPT1015VPDOURIQUE,CARLOS*4110:28:1609:41:18VPDONOPA,DANIEL32E09:45:5010:07:0509:47:09VPDLUCAS,JASON91W09:41:1910:07:0309:48:19201812258222150 E 37TH, VERNON459ABENDER CCP10:18:0812/23/2018Arrs 411015RPTDepartmentOCA NumberRMS JurisVPD CR20182074 CA0197300VPDLUCAS,JASON*91W11:39:5710:20:52VPDONOPA,DANIEL32E10:24:4911:39:5710:29:36VPDOURIQUE,CARLOS4110:28:2011:39:5710:37:2820181225827S SANTA FE AV // 25TH, VERNON59415:25:3912/23/2018RPT1015VSDepartmentOCA NumberRMS JurisVPD CR20182075 CA0197300VPDONOPA,DANIEL*32E15:26:3516:45:4715:31:18VPDOURIQUE,CARLOS4117:18:5416:30:00 17:27:5315:31:25VPDLUCAS,JASON91W17:18:54 15:26:3617:26:01 17:16:5515:31:24VPDHERRERA,GUSTAVOS715:29:3616:10:2015:31:16201812258294305 S SANTA FE AV, VERNONPEDCK16:44:0012/23/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182076 CA01973001Page of 212/24/201800:49:28216 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/23/201812/23/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201812258294305 S SANTA FE AV, VERNONPEDCK16:44:0012/23/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182076 CA0197300VPDHERRERA,GUSTAVO*S717:01:5516:44:22VPDONOPA,DANIEL32E16:45:4917:29:3916:50:57201812258322380 E 57TH, VERNONGTARGREEN FARMS19:07:2212/23/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182077 CA0197300VPD*32W19:10:49 19:10:5120:06:1719:22:4320181225844MALBURG WY // SLAUSON AV, VERNON902THPPD OPER JUAN22:49:5112/23/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182078 CA0197300VPDNEWTON,TODD*40E22:51:1823:24:1122:54:31VPDVELEZ,MARISSA2022:51:1923:13:4322:54:32* Denotes Primary Unit2Page of 212/24/201800:49:28217 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/24/201812/24/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181225876E 46TH // BOYLE AV, VERNON901TSPRINT 866-398-328408:57:3812/24/2018VSRPTDepartmentOCA NumberRMS JurisVPDCR20182079CA0197300VPDZOZAYA,OSCAR*40E08:59:02 08:59:0309:16:2409:01:39VPDCAM,PATRICK4109:15:5609:10:56 09:44:3609:10:15201812258802455 VERNON, VERNONGTAR11:01:4912/24/2018RPTDepartmentOCA NumberRMS JurisVPDCR20182080CA0197300VPDCAM,PATRICK*4111:05:4611:01:49VPDZOZAYA,OSCAR40E12:11:2511:05:43201812258905401 DOWNEY RD, VERNONRECJ AND J SNACK FOODS13:45:5012/24/2018VRECVPDLUCAS,JASON*91E13:48:08 13:48:0914:58:2213:49:24* Denotes Primary Unit1Page of 112/25/201806:15:41218 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/25/201812/25/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201812259171951 E 48TH, VERNONREC07:43:1712/25/2018VRECDepartmentOCA NumberRMS JurisVPDCR20182081CA0197300VPDCAM,PATRICK*32W08:22:2307:43:17201812259284611 E 48TH, VERNON459REMBROIDERY INDUSTRIAL10:44:1812/25/2018RPTDepartmentOCA NumberRMS 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VERNONREC21:09:2412/28/2018VRECRPTDepartmentOCA NumberRMS JurisVPDCR20182099CA0197300VPDNEWTON,TODD*40E22:14:5721:09:24201812261425051 E SLAUSON AV, VERNONREC23:28:0412/28/2018VRECVSRPTDepartmentOCA NumberRMS JurisVPDCR20182100CA0197300VPDNEWTON,TODD*40E00:33:2323:28:04VPDHERNANDEZ,MIGUEL,JR20E23:28:0700:33:2323:31:24VPDVASQUEZ,LUIS41W23:28:0923:52:5223:31:46* Denotes Primary Unit1Page of 112/29/201803:09:42223 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/29/201812/29/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201812261823737 S SOTO, VERNONRECMCDONALDS18:44:0112/29/2018VRECRPTVSDepartmentOCA NumberRMS JurisVPD CR20182101 CA0197300VPD*20W18:51:13 18:51:1519:26:2219:00:59VPD4019:26:2318:55:4920181226189S ALAMEDA // VERNON AV, 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CA0197300VPDOURIQUE,CARLOS*2613:37:4812:39:40VPDONOPA,DANIEL32W15:26:3114:09:38VPDLUCAS,JASON91E14:09:2012:39:44201812262355891 S BOYLE AV, VERNON901TVERIZON TELEMATICS CALL CENTER13:31:5112/30/2018RPTVSDepartmentOCA NumberRMS JurisVPD CR20182105 CA0197300VPDCHAVEZ,JERRY,JR*S113:33:0514:09:0413:33:57VPDOURIQUE,CARLOS2613:35:3215:26:2713:44:02VPDLUCAS,JASON91E14:09:2415:26:23201812262374510 SEVILLE AV, VERNONVCK16:27:4912/30/2018VSRPTDepartmentOCA NumberRMS JurisVPD CR20182106 CA0197300VPDOURIQUE,CARLOS*2617:28:4016:27:49201812262453550 E VERNON AV, VERNON925JASON ROBERT19:16:1512/30/20181015RPTDepartmentOCA NumberRMS JurisVPD CR20182107 CA0197300VPD*26E19:17:5219:20:46VPD17W19:43:2119:27:29VPD2019:17:55 19:18:3519:43:1919:25:19VPDOURIQUE,CARLOS2620:13:4519:21:35VPDESTRADA,IGNACIOS319:24:0419:43:2319:26:37* Denotes Primary Unit1Page of 112/31/201800:08:17225 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/31/201812/31/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181226253E DISTRICT BL // 50TH, VERNONWELCKDANIEL00:06:0912/31/2018RPTVSDepartmentOCA NumberRMS JurisVPD CR20182108 CA0197300VPDREYNA,JOSE S*41E00:07:03 00:07:2801:10:2300:11:52VPDVELEZ,MARISSA17W00:08:4901:06:2100:11:56VPDHERNANDEZ,MIGUEL,JR2000:07:04 00:07:3101:10:2200:11:54201812262591926 E 51ST, VERNONPEDCK01:59:1612/31/20181015RPTVPDVELEZ,MARISSA*17W03:47:3001:59:16VPDHERNANDEZ,MIGUEL,JR2001:59:1703:25:3502:02:19VPDREYNA,JOSE S41E01:59:2102:25:4002:01:48201812262715511 S BOYLE AV, VERNON459RNORMAN FOX07:02:1212/31/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182109 CA0197300VPDCERDA,EUGENIO*31E07:05:32 07:05:5507:37:4607:07:43VPDCERDA,PAUL,JR32E07:37:4707:17:5420181226281S ATLANTIC BL // DISTRICT BL, VERNON594RTOMASTOFF09:00:5512/31/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182110 CA0197300VPDOURIQUE,CARLOS*40W09:01:3109:57:2209:06:01VPDCAM,PATRICK26W09:26:4909:05:18VPDCERDA,EUGENIO31E09:27:0609:07:11201812262822906 LEONIS BL, VERNONGTARLEX CELL09:07:4112/31/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182111 CA0197300VPDCAM,PATRICK*26W09:26:4909:57:16VPDCERDA,EUGENIO31E09:27:0610:19:2509:32:10201812262841Page of 201/01/201901:42:41226 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:12/31/201812/31/2018Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20181226284SLAUSON // LOMA VISTA, VERNONPEDCK10:03:2012/31/20181015VPDOURIQUE,CARLOS*40W10:53:5510:03:20VPDCERDA,PAUL,JR32E10:03:2310:34:1310:11:04201812262851945 55TH, VERNON211RAT&T MOBILITY 800 635 6840 410:03:4712/31/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182112 CA0197300VPDCAM,PATRICK*26W10:07:1610:52:5710:08:42VPDCERDA,EUGENIO31E10:19:3510:22:10VPDENCINAS,ANTHONYXS10:37:2910:13:56201812262872600 E 28TH, VERNONFOUNDFED EX GROUND10:31:3712/31/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182113 CA0197300VPDOURIQUE,CARLOS*40W10:54:1111:08:3010:59:18201812262934621 E 50TH, VERNON459RNIGHT LIFE DECOR11:15:4712/31/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182114 CA0197300VPDCERDA,EUGENIO*31E11:18:3712:19:5211:23:0420181226328S ATLANTIC BL // BANDINI BL, VERNON902TCHP21:47:3412/31/2018RPTDepartmentOCA NumberRMS JurisVPD CR20182115 CA0197300VPDVELEZ,MARISSA*17E21:48:04 21:49:4723:03:1221:51:37VPDREYNA,JOSE S40W21:49:50 21:49:5023:03:1321:54:47VPDVALENZUELA,FERNANDO4121:48:05 21:49:4823:03:1421:52:03* Denotes Primary Unit2Page of 201/01/201901:42:41227 City Council Agenda Item Report Agenda Item No. COV-19-2019 Submitted by: Efrain Sandoval Submitting Department: Public Utilities Meeting Date: January 15, 2019 SUBJECT Amendment No. 2 to the Economic Development Incentive on Electric Service Agreement between the City of Vernon and Matheson Tri-Gas, Inc. Recommendation: A. Find that approval of the proposed action is exempt from California Environmental Quality Act ("CEQA") review, because it is an administrative and governmental fiscal activity which does not involve any commitment to any specific project and that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Approve Amendment No. 2 to the Economic Development Incentive on Electric Service Agreement between the City of Vernon and Matheson Tri-Gas, Inc., for the purpose of extending the commercial operation Commencement Date for the New Facility; and C. Authorize the City Administrator to execute Amendment No.2 to the Economic Development Incentive Agreement with Matheson Trigas, Inc., in substantially the same form as attached herewith. Backgroud: On June 18, 2015, the City and Matheson Tri-Gas, Inc. (“Matheson”) entered into an Agreement for Economic Development Incentive on Electric Service (“Agreement”) for Matheson’s proposed expansion of the air separation plant (“New Facility”) within the City. Pursuant to Section 4 of the Agreement, the New Facility shall commence commercial operation within a twenty- four (24) month period of the date of execution of the Agreement, provided that such twenty- four (24) month period shall be extended by written agreement of the parties to the extent commercial operation of the New Facility is delayed due to Force Majeure events. By a letter dated June 5, 2017, Matheson requested the City to extend the Commencement Date of the Economic Development Incentive Agreement due to unforeseen delays caused by design changes necessary to comply with the City’s code requirements. Matheson advised the construction and commissioning of the additional Air Separation Plant at the existing Matheson facility will not be completed until July 2018. Therefore, Matheson requested an increase of the commencement period defined in Section 4 (Commencement Date) of the Agreement for Economic Development Incentive on Electric Service from twenty-four (24) months to forty-two (42) months, an additional eighteen (18) months. Amendment No. 1 to the Economic Development Rate Agreement, extending the Commencement Date an Additional 18 months was approved by City Council on June 20, 2017. By a letter dated November 29, 2018, Matheson requested that the City extend the Commencement Date of the Economic Development Incentive Agreement further by an additional seven (7) months due to unforeseen delays caused228 by design changes necessary to comply with the City’s code requirements. Matheson advised that the construction and commissioning of the additional Air Separation Plant at the existing Matheson facility will not be completed until August 1, 2019. Therefore, Matheson requested an increase of the commencement period defined in Section 4 (Commencement Date) of the Economic Development Incentive on Electric Service Agreement from twenty-four (24) months to forty-nine (49) months, an additional seven (7) months to the extension approved pursuant to Amendment No.1. Staff recommends the approval of Amendment No. 2 to the Economic Development Incentive on Electric Service Agreement between the City of Vernon and Matheson Tri-Gas, Inc., in order to accommodate Matheson’s revised construction and commissioning schedule for the New Facility. Amendment No. 2 has been reviewed and approved by the City Attorney's Office. Fiscal Impact: There is no known fiscal impact. ATTACHMENTS 1. Amendment No. 2 to the Economic Development Incentive on Electric Service Agreement Between the City of Vernon and Matheson Tri-Gas, Inc. 2. Matheson Tri-Gas, Inc. Request to Extend Commencement Date of Economic Development Incentive Agreement 229 - 1 - AMENDMENT NO. 2 TO THE ECONOMIC DEVELOPMENT INCENTIVE ON ELECTRIC SERVICE AGREEMENT BETWEEN THE CITY OF VERNON AND MATHESON TRI-GAS, INC. This Amendment (“Amendment No. 2”) to that certain Agreement for Economic Development Incentive on Electric Service dated June 18, 2015, (the “Agreement”), is made as of January 15, 2019, by and between the City of Vernon, a California charter city and California municipal corporation (the “City”), and Matheson Tri-Gas., a Delaware corporation (“Matheson”). WHEREAS, the City and Matheson are parties to the Agreement, under which, in consideration of Matheson’s commitment to construct and operate an additional air separation plant within the City (the “New Facility”) at the contracted demand, the City agreed to provide a ten (10) year rate incentive to Matheson’s otherwise applicable tariff for the New Facility (the “Incentive”); and WHEREAS, under paragraph 4 of the Agreement, the Incentive commences on Matheson’s regularly scheduled meter read day in the first month following the commencement of commercial operation of the New Facility, which date “shall be within a twenty-four (24) month period of the date of execution of [the] Agreement” (the “Commencement Date”); and WHEREAS, by letter dated June 5, 2017, Matheson requested an eighteen (18) month extension of the Commencement Date under the Agreement (leaving all other provisions intact), in light of required design changes that have served to delay construction and commissioning of the New Facility. WHEREAS, Amendment No. 1 to the Agreement entered on June 20, 2017 extended the Commencement Date an additional 18 months. WHEREAS, by letter dated November 29, 2018, Matheson requested an additional seven (7) month extension of the Commencement Date under the Agreement (leaving all other provisions intact), in light of required design changes that have served to delay construction and commissioning of the New Facility. NOW, THEREFORE, the parties to this Amendment No. 2 agree as follows: 1. The Commencement Date under paragraph 4 of the Agreement is hereby extended, such that it shall occur within a forty-nine (49) month – not twenty-four (24) month – period of the date of execution of the Agreement. 2. Except as expressly modified by this Amendment No. 2, all provisions of the Agreement shall remain in full force and effect. 3. The provisions of this Amendment No. 2 shall constitute the entire agreement of the parties with respect to the subject matter included in this Amendment No. 2 and shall supersede any other agreement, understanding, or arrangement, whether written or oral, between the parties with respect to the subject matter of this Amendment No. 2. 230 - 2 - 4. The person or persons executing this Amendment No. 2 on behalf of each of the parties warrants and represents that he or she has the authority to execute this Amendment No. 2 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. 2 as of the date stated in the introductory clause. [SIGNATURES FOLLOW ON NEXT PAGE] CITY OF VERNON a California charter city and municipal corporation By: ____________________________ Carlos Fandino, City Administrator Matheson Tri-Gas, Inc., a Delaware corporation By: Name: Title: ATTEST: __________________________________ Maria E. Ayala, City Clerk By: Name: Title: APPROVED AS TO FORM: __________________________________ Brian Byun, Senior Deputy City Attorney 231 November 29, 2018 City of Vernon Vernon Public Utilities 4305 Santa Fe Avenue Vernon, CA 90058 Re: Request to Extend Commencement Date of Economic Development Incentive Agreement To Whom It May Concern, Due to unforeseen delays caused by design changes necessary to comply with the City’s code and permit requirements, the construction and commissioning of the additional Air Separation Plant at the existing Matheson Tri-Gas facility will not be completed until August 1st, 2019. Therefore, Matheson Tri-Gas is requesting an increase of the commencement period defined in Section 1 (Commencement Date) of Amendment No. 1 to the Economic Development Incentive on Electric Service Agreement Between the City of Vernon and Matheson Tri-Gas, Inc. from forty-two (42) months to forty-nine (49) months, an additional seven (7) months. All other terms of the Agreement will remain unchanged. Matheson Tri-Gas is continuing to proceed with this project in good faith based on the expectation that the benefits afforded them in the Economic Development Incentive Agreement will remain in effect. The City’s consideration and approval of this request for an additional extension of the commencement date is critical to the viability of this project. Sincerely, Bill Tolen ASU Operations Manager – West Zone Matheson Tri-Gas Ph. 626-780-8404 btolen@mathesongas.com 5555 District Blvd. Vernon, CA 90058 232 City Council Agenda Item Report Agenda Item No. COV-382-2018 Submitted by: Ali Nour Submitting Department: Public Utilities Meeting Date: January 15, 2019 SUBJECT License Agreement between Southern California Edison Company and the City of Vernon for the Use of Land at the Laguna Bell Substation Recommendation: A. Find that the approval requested in this staff report is exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301, because the proposed action involves the leasing of an existing public utility service facility and involves negligible or no expansion of the existing use; and B. Approve the proposed License Agreement with Southern California Edison Company ("SCE") for a five-year term in an amount not to exceed $1,903.01; and C. Authorize the City Administrator to execute the License Agreement with SCE, in substantially the same form as submitted herewith, with an effective date of April 1, 2019. Backgroud: Since 1989, the City of Vernon Public Utilities Department has owned and operated remote terminal units located in a shed at the SCE Laguna Bell Substation. The existing property License Agreement with SCE will expire on March 31, 2019. SCE has agreed to lease the property to the City for an additional five (5) years, from April 1, 2019 through March 31, 2024, for a total of $1,903.01. The agreement would also require the City to provide evidence of sufficient proof of insurance also including SCE as an additional insured. If approved, staff would work with the Finance Department to gather necessary insurance documents to provide to SCE. The License Agreement has been reviewed and approved by the City Attorney's office. Fiscal Impact: The annual fiscal impact is $380.60 per year. This item is identified in the Public Utilities Department budget for fiscal year 2018-2019 and will be budgeted accordingly for subsequent years. ATTACHMENTS 1. SCE License Agreement 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 EXHIBIT A 253 DETAIL "A" SEE DETAIL "A" 254 City Council Agenda Item Report Agenda Item No. COV-15-2019 Submitted by: Mark Aumentado Submitting Department: Public Works Meeting Date: January 15, 2019 SUBJECT Award of a Services Agreement with Webco LB, LLC for Street Sweeping Services Recommendation: A. Find that the approval of the proposed services agreement with Webco LB, LLC is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15301, Existing Facilities, part (c), existing highways and streets, because the project is merely to sweep existing streets and involves negligible or no expansion of existing use; and B. Approve the Services Agreement with Webco LB, LLC for street sweeping services for a three (3) year term and an amount not to exceed $378,000; and C. Authorize the City Administrator to execute the Services Agreement with Webco LB, LLC, in substantially the same form as submitted herewith, with an effective date of March 2, 2019. Backgroud: On November 6, 2018, the City Administrator authorized the advertisement of a Request for Proposals (RFP) for street sweeping services. Street sweeping services shall consist of providing frequent and regularly scheduled sweeping services for all curb and gutter segments of all public streets, raised center medians, and public alleys within the City’s jurisdiction. Approximately 108 curb miles will be swept on a weekly basis. All street sweeping services shall be provided through motorized sweeping vehicles. In addition, the Contractor may be required to provide street sweeping services prior to and after any special events, as well as 24-hour per day emergency sweeping services within 2-hour telephone notification from the City. The Department of Public Works issued the RFP on November 7, 2018. The RFP was advertised on the City’s website and also sent to companies that specialize in these services within the surrounding area. On December 10, 2018 the Department of Public works received three proposals in response to the RFP. Proposals were received from Arakelian Enterprises, Inc. dba Athens Services, CleanStreet, Inc. and Webco LB, LLC. The proposals were evaluated by staff from the Department of Public Works taking into account the following factors: Qualifications, Cost & Fees, Responsiveness, and References. The resulting ranking of proposals as evaluated by staff is as follows: 1.Webco LB, LLC 2.CleanStreet, Inc. 3.Arakelian Enterprises, Inc., dba Athens Services 255 City staff recommends to award Webco LB, LLC the proposed services agreement based on the results of the evaluations of the three proposals received. The proposed services agreement has been approved as to form by the City Attorney’s Office. The current agreement with Webco LB, LLC for street sweeping services will expire on January 2, 2019. During the transition between agreements, approximately two months, street sweeping services will be performed by Public Works personnel. Upon approval, the proposed services agreement will become effective March 2, 2019. Fiscal Impact: The Department of Public Works budgeted $120,000 during the FY 2018 - 2019 for Street Sweeping services. Approximately $60,000 of unused funds from this budget will be used for the proposed services agreement to cover the balance of this fiscal year. The proposed services agreement will be for three years at an annual cost of $126,000 for a total not to exceed amount of $378,000. Funds will be budgeted accordingly in subsequent fiscal years. ATTACHMENTS 1. Services Agreement with Webco LB LLC 256 1 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND WEBCO LB, LLC FOR STREET SWEEPING SERVICES CONTRACT NO. CS-1029 COVER PAGE Contractor: Webco LB, LLC Responsible Principal of Contractor: Todd Rentfrow, Owner Notice Information - Contractor: Webco LB, LLC 12305 Woodruff Avenue Downey, California, 90241 Attention: Todd Rentfrow, Owner Phone: (562) 803-0100 Facsimile: (562) 803-0200 Notice Information - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Daniel Wall, Director of Public Works Telephone: (323) 583-8811 ext. 305 Facsimile: (323) 826-1435 Commencement Date: March 2, 2019 Termination Date: March 1, 2022 Consideration: Total not to exceed $126,000.00 for each fiscal year or grand total amount not to exceed $378,000.00 (includes all applicable sales tax); and more particularly described in Exhibit C Records Retention Period Three (3) years, pursuant to Section 11.20 257 2 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND WEBCO LB, LLC FOR STREET SWEEPING SERVICES CONTRACT NO. CS-1029 This Contract is made between the City of Vernon ("City"), a California charter City and California municipal corporation (“City”), and Webco LB, LLC a California limited liability company (“Contractor”). The City and Contractor agree as follows: 1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the City Council on January 15, 2019. 2.0 SCOPE OF SERVICES. 2.1 Contractor shall perform all work necessary to complete the services set forth in the Request for Proposals issued on or about November 7, 2018, Exhibit “A”, and Contractor's proposal to the City ("Proposal") dated December 10, 2018, Exhibit “B”, both of which are attached to and incorporated into this Contract, by reference. 2.2 All services shall be performed to the satisfaction of City. 2.3 All services shall be performed in a competent, professional, and satisfactory manner in accordance with the prevailing industry standards for such services. 3.0 PERSONNEL. 3.1 Contractor represents that it employs, or will employ, at its own expense, all personnel required to perform the services under this Contract. 3.2 Contractor shall not subcontract any services to be performed by it under this Contract without prior written approval of City. 3.3 All of the services required hereunder will be performed by Contractor or by City-approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City. 258 3 4.0 TERM. The term of this Contract shall commence on March 2, 2019, and it shall continue until March 1, 2022, unless terminated at an earlier date pursuant to the provisions thereof. 5.0 COMPENSATION AND FEES. 5.1 Contractor has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in and around Los Angeles County for the same services. For satisfactory and timely performance of the services, the City will pay Contractor in accordance with the payment schedule set forth in Exhibit “C” attached hereto and incorporated herein by reference. 5.2 Contractor's grand total compensation for the entire term of this Contract, shall not exceed $378,000 without the prior authorization of the City, as appropriate, and written amendment of this Contract. 5.3 Contractor shall, at its sole cost and expense, furnish all necessary and incidental labor, material, supplies, facilities, equipment, and transportation which may be required for furnishing services pursuant to this Contract. Materials shall be of the highest quality. The above Contract fee shall include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related costs and expenses. 5.4 City shall reimburse Contractor only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Contractor: 5.4.1 The actual costs of subcontractors for performance of any of the services that Contractor agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. 5.4.2 Approved reproduction charges. 259 4 5.4.3 Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement. 5.5 Contractor shall not receive any compensation for extra work performed without the prior written authorization of City. As used herein, “extra work” means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Compensation for any authorized extra work shall be paid in accordance with the payment schedule as set forth in Exhibit “C,” if the extra work has been approved by the City. 5.6 Licenses, Permits, Fees, and Assessments. Contractor shall obtain, at Contractor’s sole cost and expense, such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for the performance of the Services by this Agreement. 6.0 PAYMENT. 6.1 As scheduled services are completed, Contractor shall submit to the City an invoice for the services completed, authorized expenses, and authorized extra work actually performed or incurred according to said schedule. 6.2 Each such invoice shall state the basis for the amount invoiced, including a detailed description of the services completed, the number of hours spent, reimbursable expenses incurred and any extra work performed. 6.3 Contractor shall also submit a progress report with each invoice that describes in reasonable detail the services and the extra work, if any, performed in the immediately preceding calendar month. 260 5 6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment. 6.5 City will pay Contractor the amount invoiced within thirty (30) days after the City approves the invoice. 6.6 Payment of such invoices shall be payment in full for all services, authorized costs, and authorized extra work covered by that invoice. 7.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services; and will give any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's services. 8.0 COORDINATION OF SERVICES. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants, and other staff at all reasonable times. 9.0 INDEMNITY. Contractor agrees to indemnify City, its officers, elected officials, employees and agents against, and will hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “claims or liabilities”), including but not limited to professional negligence, that may be asserted or claimed by any person, firm or entity arising out of or in connection with the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the acts or omissions of Contractor hereunder, or arising from Contractor’s performance of or failure to perform any term, provision, covenant or condition of this Agreement, except to the extent such claims or liabilities arise from the gross negligence or willful misconduct of City, its officers, elected officials, agents or employees. 10.0 INSURANCE. Contractor shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Contract, including any extensions thereto. The policies shall state that they afford primary coverage. 261 6 i. Automobile Liability with minimum limits of at least $1,000,000 combined single limit, including owned, hired, and non-owned liability coverage. ii. Contractor agrees to subrogate automobile liability resulting from performance under this agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the City under the performance of the services. iii. General Liability with minimum limits of at least $1,000,000 per occurrence and $2,000,000 aggregate written on an Insurance Services Office (ISO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis. Premises/Operations and Personal Injury coverage is required. The City of Vernon, its directors, commissioners, officers, employees, agents, and volunteers must be endorsed on the policy as additional insureds as respects liability arising out of the Contractor's performance of this Contract. (1) If Contractor employs other contractors as part of the services rendered, Contractor's Protective Coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein. (2) Contractor agrees to subrogate General Liability resulting from performance under this agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the City under the performance of the services. 262 7 iv. Contractors Pollution Liability (CPL) policy limit shall provide coverage of no less than $1,000,000 per claim and in the aggregate. Coverage shall apply to bodily injury; property damage, including loss of use of damaged property or of property that has not been physically inured; cleanup costs; and costs of defense, including costs and expenses incurred in the investigation, defense, or settlement of claims. (1) Contractor shall obtain, pay for, and maintain for the duration of the Contract CPL insurance that provides coverage for liability caused by pollution conditions arising out of the operations of the Contractor. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using Subcontractors, the policy must include work performed “by or on behalf” of the insured. (2) All activities contemplated in the Contract shall be specifically scheduled on the CPL policy as “covered operation.” In addition, the policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites. (3) The policy shall specifically provide for a duty to defend on the part of the insurer. The City of Vernon, its officers, employees and agents shall be added to the policy as additional insureds by endorsement. v. Contractor shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. In addition, Contractor shall require each subcontractor to similarly maintain workers’ compensation insurance in accordance with the laws for California for all of the subcontractor’s employees. Compliance is accomplished in one of the following manners: (1) Provide copy of permissive self-insurance certificate approved by the State of California; or (2) Secure and maintain in force a policy of workers' compensation insurance 263 8 with statutory limits and Employer's Liability Insurance with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Contract; or (3) Provide a "waiver" form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Contract. vi. Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice to City. vii. Insurance shall be placed with insurers with a Best's rating of no less than A-VIII. viii. Prior to commencement of performance, Contractor shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. ix. Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Contractor shall immediately notify City and cease all performance under this Contract until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against Contractor by way of set-off or recoupment from sums due to Contractor, at City's option; (b) immediately terminate this Contract and seek damages from the Contract resulting from said breach; or (c) self-insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Contractor, by way of set-off or recoupment from any sums due to Contractor. 11.0 GENERAL TERMS AND CONDITIONS. 11.1 INDEPENDENT CONTRACTOR. 264 9 11.1.1 It is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent, officer or employee of City and shall furnish such services in its own manner and method except as required by this Contract, or any applicable statute, rule, or regulation. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. City assumes no liability for Contractor’s actions and performance, nor assumes responsibility for taxes, bonds, payments, or other commitments, implied or explicit, by or for Contractor. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, subcontractors and independent contractors, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 11.1.2 Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits. 11.2 CONTRACTOR NOT AGENT. Except as the City may authorize in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise. 11.3 OWNERSHIP OF WORK. All documents and materials furnished by the City to Contractor shall remain the property of the City and shall be returned to the City upon termination of this Agreement. All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts, studies, memoranda, computation sheets, and other documents prepared by Contractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested at no additional cost to the City. Contractor shall keep 265 10 such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Contract. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City. 11.4 CORRECTION OF WORK. Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services furnished by Contractor shall not relieve the Contractor from the obligation to correct subsequently discovered defects, inaccuracy, or incompleteness. 11.5 RESPONSIBILITY FOR ERRORS. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 11.6 WAIVER. The City's waiver of any term, condition, breach, or default of this Contract shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. 11.7 SUCCESSORS. This Contract shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors, and/or assigns. 11.8 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract 266 11 or any rights hereunder without the prior written consent of the City and approval by the City Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Contract. No assignment shall release the original parties from their obligations or otherwise constitute a novation. 11.9 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof, including but without limitation, the Vernon Living Wage Ordinance. Violation of any law material to performance of this Contract shall entitle the City to terminate the Contract and otherwise pursue its remedies. Further, if the Contractor performs any work knowing it to be contrary to such laws, rules, and regulations Contractor shall be solely responsible for all costs arising therefrom. 11.10 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. 11.11 INTERPRETATION. 11.11.1 Applicable Law. This Contract shall be deemed a contract and shall be governed by and construed in accordance with the laws of the State of California. Contractor agrees that the State and Federal courts which sit in the State of California shall have exclusive jurisdiction over all controversies and disputes arising hereunder, and submits to the jurisdiction thereof. 11.11.2 Entire Agreement. This Contract, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation, and agreements (written or oral). 267 12 11.11.3 Written Amendment. This Contract may only be changed by written amendment signed by Contractor and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Contract shall be of no force or effect. 11.11.4 Severability. If any provision in this Contract is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Contract, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Contract. 11.11.5 Order of Precedence. In case of conflict between the terms of this Contract and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Contract shall strictly prevail. The terms of the City’s Request for Proposals shall control over the Contractor’s Proposal. 11.11.6 Duplicate Originals. There shall be two (2) fully signed copies of this Contract, each of which shall be deemed an original. 11.11.7 Construction. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 11.12 TIME OF ESSENCE. Time is strictly of the essence of this contract and each and every covenant, term, and provision hereof. 11.13 AUTHORITY OF CONTRACTOR. The Contractor hereby represents and warrants to the City that the Contractor has the right, power, legal capacity, and authority to enter into and perform its obligations under this Contract, and its execution of this Contract has been duly authorized. 11.14 ARBITRATION OF DISPUTES. Any dispute for under $25,000 268 13 arising out of or relating to the negotiation, construction, performance, non-performance, breach, or any other aspect of this Contract, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery. 11.15 NOTICES. Any notice or demand to be given by one party to the other must be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice. If to the City: City of Vernon Attention: Daniel Wall, Director of Public Works 4305 Santa Fe Avenue Vernon, CA 90058 If to the Contractor: Webco LB, LLC Attention: Todd Rentfrow, Owner 12305 Woodruff Avenue Downey, CA, 90241 Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt, or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. 11.16 NO THIRD PARTY RIGHTS. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right or remedy in, under, or to this Agreement. 269 14 11.17 TERMINATION FOR CONVENIENCE (Without Cause). City may terminate this Contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written notice to Contractor. If the Contract is thus terminated by City for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause. 11.18 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Contract by written notice to the defaulting party. The notice shall specify the basis for the default. The Contract shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. In case of default by Contractor, the City reserves the right to procure the goods or services from other sources and to hold the Contractor responsible for any excess costs occasioned to the City thereby. Contractor shall not be held accountable for additional costs incurred due to delay or default as a result of Force Majeure. Contractor must notify the City immediately upon knowing that non-performance or delay will apply to this Contract as a result of Force Majeure. At that time Contractor is to submit in writing a Recovery Plan for this Contract. If the Recovery Plan is not acceptable to the City or not received within 10 days of the necessary notification of Force Majeure default, then the city may cancel this order in its entirety at no cost to the City, owing only for goods and services completed to that point. 11.19 TERMINATION FOR CAUSE. Termination for cause shall relieve the terminating party of further liability or responsibility under this Contract, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. If this Agreement is terminated as 270 15 provided herein, City may require, at no additional cost to City, that Contractor provide all finished or unfinished documents, data, and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 11.19.1 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 11.20 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. The Contractor shall maintain and preserve all such records for a period of at least three (3) years after termination of the Contract. The Contractor shall maintain all such records in the City of Vernon. If not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals, and overhead. 11.21 CONFLICT. Contractor hereby represents, warrants, and certifies that no member, officer, or employee of the Contractor is a director, officer, or employee of the City of Vernon, or a member of any of its boards, commissions, or committees, except to the extent permitted by law. 11.22 HEADINGS. Paragraphs and subparagraph headings contained in this 271 16 Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 11.23 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1½ times the basic rate of pay. 11.24 LIVING WAGES. Contractor, and any Subcontractor(s), shall comply with the City’s Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit “D”. Upon the City’s request, certified payroll records shall promptly be provided to the City. 11.25 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit “E”. [Signatures Begin on Next Page]. 272 17 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the Commencement Date stated on the cover page. City of Vernon, a California charter City and California municipal corporation By: ____________________________ Carlos Fandino, City Administrator Webco LB, LLC, a California limited liability company By: Name: Title: ATTEST: _______________________________ Maria E. Ayala, City Clerk By: Name: Title: APPROVED AS TO FORM: _______________________________ Brian Byun, Senior Deputy City Attorney 273 18 EXHIBIT A REQUEST FOR PROPOSALS 274 June 2017 City of Vernon Request for Proposals (RFP) STREET SWEEPING SERVICES CONTRACT NO. CS - 1029 City of Vernon Department of Public Works 4305 Santa Fe Avenue, Vernon, CA 90058 Phone: (323) 583-8811 Key RFP Dates Issue Date: November 7, 2018 Written Questions: November 19, 2018 – 11:00 a.m. Response to Questions: November 26, 2018 Proposals Due: December 10, 2018 – 2:00 p.m. 275 City of Vernon Street Sweeping Services Request for Proposals Page 2 of 17 June 2017 1. INTRODUCTION AND PROJECT The City of Vernon, known hereafter as the City, is requesting proposals from Contractors to conduct professional street sweeping on every public street in the City of Vernon, unless otherwise noted. The City will select one Contractor, based on demonstrated competence and a cost effective approach to delivering professional level services. 2. BACKGROUND The City of Vernon was founded in 1905, is approximately 5.2 square miles in size and is located approximately 5 miles southeast of downtown Los Angeles California. Over its long history, Vernon has been developed as an industrial community. At the turn of the 20th century the lands that make up Vernon were comprised largely of farmlands. The presence of three major rail lines in the area led influential business and property owners to encourage the railroad companies to run spur lines onto the farmlands. These rail extensions enabled the creation of an “exclusively industrial” city. By the 1920’s, Vernon was attracting large stockyards and meatpacking facilities. In the 1930’s, Vernon became the location of choice for many heavy industrial plants. As economic conditions changed over the decades, these large scale industrial operations have relocated out of Southern California and Vernon has attracted smaller, lighter industrial facilities. The City’s business friendly environment, low cost utilities and key location for trucking and rail transport continue to position Vernon as an ideal location for industrial uses. City Government: The City Council consists of five members, elected at-large, who serve five-year staggered terms. The City Council annually appoints a Mayor and a Mayor Pro Tem from its own membership to serve one-year terms. Labor Force: Vernon has approximately 280 employees, and its departments include a Fire Department, Police Department, Finance Department, Public Works Department, Public Utilities Department and Health and Environmental Control Department. Present bargaining units recognized include the Vernon Police Officers Benefit Association, Vernon Police Management Association, Vernon Firemen’s Association, the Vernon Fire Management Association, International Brotherhood of Electrical Workers Local 47, and Teamsters Local 911. 3. SCOPE OF SERVICES REQUIRED The City of Vernon is seeking the services of a highly qualified Contractor to provide Street Sweeping Services for the City. The Contractor shall provide frequent and regularly scheduled sweeping services for all curb and gutter segments of all public streets, raised center medians, and full width of public alleys within the City’s jurisdiction. Sweeping services shall be provided through motorized sweeping vehicles. In addition, the City is requiring sweeping services prior to and after any special event(s) as well as, 24-hour per day emergency sweeping services upon 2-hour telephone notification. The curb miles to be swept are approximately 108 curb 276 City of Vernon Street Sweeping Services Request for Proposals Page 3 of 17 June 2017 miles. The details, limits, and sweeping schedule are shown on Attachment “D”, City of Vernon Street Sweeping Schedule. 4. GENERAL REQUIREMENTS A. Length of Contract: This shall be a three (3) year contract beginning upon City Council approval. B. Specifications: All work shall conform to Part 1 – General Provisions of The “GREENBOOK” Standard Specifications for Public Works Construction (2015 Edition), referred to hereafter as the “Standard Specifications”. C. Working Hours: The Contractor will provide sweeping services for the entire City between the hours of 2AM to 6AM Monday through Friday, unless otherwise noted. See Attachment “D” for reference. All streets shall be swept once per week with alternate side parking. No work shall be performed on holidays. The holidays include New Year’s Day, Martin Luther King, Jr. Day, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. On any week in which a holiday falls, the scheduled sweeping area shall be rescheduled to the Friday following the holiday. The Contractor shall immediately notify the City representative, when a street or section of streets will be or had been missed during regularly scheduled street sweeping. Additionally, the Contractor shall notify the City representative when re- sweeps are scheduled. D. Frequent and Regularly Scheduled Street Sweeping: The Contractor is required to provide a detailed map showing proposed routes for regularly scheduled sweeping areas for the City’s review and approval. The route must be in accordance with Attachment “D” and conform to the following: Sweeping schedule (Monday – Thursday between 2 A.M. and 6 A.M.) Mondays and Wednesdays: Sweeper shall sweep the North and East sides of the areas marked for sweeping in Attachment “D”. Tuesdays and Thursdays: Sweeper shall sweep the South and West sides of the areas marked for sweeping in Attachment “D”. 52nd Dr. between Atlantic Blvd. and Heliotrope Ave. is NOT a part of this Contract. West side of S. Alameda St. from North City Limit to South City Limit is NOT a part of this Contract. Raised center medians shall be swept in its entirety on the first day of the designated zone (i.e. Monday or Wednesday). Arterial streets with posted “No Parking Anytime” on both sides of the street may be swept on the same day. 277 City of Vernon Street Sweeping Services Request for Proposals Page 4 of 17 June 2017 The City reserves the right to modify the route(s) at any time during the duration of this Contract. Billing for frequent and regularly scheduled sweeps is based on a monthly rate. Include the cost per month in Attachment “C”, Unit Price Proposal Form, and no additional compensation shall be made therefor. E. Alternate Side Parking: Alternate side parking allows for vehicles to park on the opposite side of the street during regularly scheduled sweeping. For example, on Monday, the North and East side of the all streets located in the Monday & Tuesday sweeping area of Attachment “D” are to be swept. Vehicles may park on the South and West side of these streets during sweeping times. Alternatively, on Tuesday, the South and West side of all streets located in this sweeping area will be swept and vehicles may park on the North and East side of these streets. This procedure will be similar to streets located in the Wednesday and Thursday sweeping area. F. Liquidated Damages: In accordance with Section 6-9 of the Standard Specifications, for each consecutive day required to complete the work in excess of the time specified herein for its completion, as adjusted in accordance with Section 6-6 of the Standard Specification, the Contractor shall pay to the City, or have withheld from monies due it, the sum(s) described below. Failure of the Contractor to complete the work in accordance with the specifications will result in damages being sustained by the City. The parties acknowledge that (i) the amount of loss or damages likely to be incurred is incapable or is difficult to precisely estimate, (ii) the amounts specified below bear a reasonable relationship to, and are not plainly or grossly disproportionate to, the probable loss likely to be incurred in connection with any failure by the Contractor to perform according to the specifications, and (iii) one of the reasons for the Contractor and the City reaching an agreement as to such amounts is the uncertainty and cost of litigation regarding the question of actual damages. The following are non-exclusive examples of causes for liquidated damages: a. Operation of sweeper without using sufficient water to control dust. b. Operation of sweeper exceeding the stated speed limits of operation. c. Missing scheduled sweeping days without providing prior notice to and acknowledgment by the Director of Public Works or authorized designee (including due to inclement weather). d. Poor results – Dirt and/or debris left behind. e. Any failure or refusal by the Contractor to perform in accordance with the terms of this Contract. Upon the first occurrence of any of the foregoing acts, the Contractor will be notified in writing by the City. Contractor shall respond within five (5) days with a written plan stating how compliance with the requirements of the agreement must be met. If there is a second occurrence of the same act by the Contractor within a thirty-day (30) period, the City shall have the right to withhold payment of or otherwise charge$1,500. Each separate and subsequent occurrence of the same act shall result in a liquidated damages charge in the amount of $500.00. Execution of the Contract shall constitute agreement by the City and the Contractor that the sum(s) listed above is the minimum value of the costs and actual damage 278 City of Vernon Street Sweeping Services Request for Proposals Page 5 of 17 June 2017 caused by the failure of the Contractor to complete the Work within the allotted time and according to the specifications. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due or otherwise charged to the Contractor if such delays or other non-compliance with the specifications occur. G. Traffic Requirements – General: The Contractor shall comply with Section 7-10 of the Standard Specifications and provide safe and continuous passage for pedestrian and vehicular traffic at all times. The Contractor shall provide and maintain all necessary signs, flashers, and any other safety equipment as set forth in the latest publication of the California Manual of Uniform Traffic Control Devices “CA MUTCD” or as required by the City Engineer to insure safe passage of traffic. H. Communications: The Contractor shall provide a call out list with regularly updated telephone numbers to handle emergency or unusual streets sweeping services. Sweeper operators shall be equipped with cellular phones that are able to communicate between the City of Vernon and the individual sweepers. Operators shall be required to answer or return any cell phone calls within ten (10) minutes. Operators must adhere to California Senate Bill 1613 requiring the use of a hands free device when using a cell phone while driving. Drivers must be capable of communicating effectively in English, in order to communicate with City staff and business/residents, if needed. I. Operators/Drivers: The Contractor shall provide a list of all employees and their supervisors who may work upon the City’s premises. The Contractor’s drivers shall maintain safety and driving records in accordance with Federal, State, County, and City regulations. Upon award of the Contract, the names and years of experience of the sweeper drivers and backup personnel with copies of State of California Department of Motor Vehicles records must be submitted. Sweeper drivers must have five (5) years of experience operating street sweeping equipment. J. Periodic Meetings: A periodic meeting to review service performance will be conducted at the request of the City. Attendees shall include the City representative, a representative of the Contractor, and City Maintenance Supervisor or his designee. K. Global Positioning Service: The Contractor is required to utilize a Global Positioning System (GPS) tracking system (Real-Time Data) on each of his/her vehicles in order to demonstrate service delivery as proposed. The tracking system shall be web-based and the Contractor shall provide the City access to the website in order to verify service delivery, research complaints, and answer resident and business questions. The tracking system shall be able to provide the location, date, time, speed, brush position and operation, and distance traveled of the street sweeping vehicle. Contractor shall provide the brand name of the tracking system to be utilized on their equipment. Searchable records must be kept for the entire duration of the Contract. 279 City of Vernon Street Sweeping Services Request for Proposals Page 6 of 17 June 2017 L. Equipment: All sweeping activities must be completed using regenerative air vacuum type sweepers. All equipment must meet the South Coast Air Quality Management District Rules 1186 and 1186.1. The equipment shall be sufficient to perform the work required herein within the hours specified. In the event that a primary sweeper requires repair or replacement, a backup sweeper must be available so that the established sweeping schedule does not fall behind. The Contractor shall be solely responsible for the repair, maintenance, and service of its street sweeper equipment. The Contractor shall maintain a facility for repair and care of the sweepers used in the City of Vernon. Sweepers in use under this Contract shall be given priority response for repair and/or equipment delivery replacement. The facility must be available to the City for inspection of capacity and repair time. Contractor shall minimize the down time of the street sweeping equipment during sweeping hours to no more than two (2) hours. If a street sweeper is having continual maintenance issues, the City maintains the right to demand the permanent replacement of the sweeper for use in the City of Vernon. At the time of award, the Contractor must provide a detailed inventory of their equipment and accessories that will be used to fulfill this Contract. The inventory of the sweeper equipment shall include the following: 1. Type (i.e. vacuum, mechanical broom, regenerative air, etc.), model/brand, year of manufacture, and the date the vehicle was acquired. 2. Service records for each vehicle with total number of miles and hours (miles only, if vehicle is not equipped with an hour meter) each vehicle has been in service. 3. Anticipated remaining life as of the date of inventory. 4. Type and manufacturer of recording device for hour of operation, miles per hour, brush operation monitoring, and Global Positioning System (GPS) tracking system. All sweeper vehicles used shall not exceed 10 years in age. Overhauled vehicles ten years or older will not be acceptable. All sweeper vehicles shall be in “good” condition. A vehicle in good condition, on the whole, must not have any major flaws (no body damage). The interior and exterior have very few, if any, apparent dings, scratches or defects, and the paint is still intact. The body of the vehicles should be rust free or have very little rust. The tires all match with minimal wear. Contractor shall ensure that each vehicles is inspected daily for safety related items. City shall have the right to review vehicle inspection records at any time that the vehicle is operating within the City limits, upon verbal request of the operator of the vehicle by the City representative. The City representative reserves the right to require any corrections deemed necessary to reflect acceptable service standards. Failure to maintain vehicles in a clean and safe condition or the refusal to produce said vehicle inspections will be formally documented by the City subject to further administrative action by the City, up to and including termination of the Contract. M. Air Quality Requirements: The Contractor’s equipment shall meet all applicable local, state, and Federal air quality laws, rules, and regulations including but not limited 280 City of Vernon Street Sweeping Services Request for Proposals Page 7 of 17 June 2017 to the South Coast Air Quality Management District Rule 1186 relating to alternatively fueled sweeping equipment. All sweeping equipment shall meet all applicable certifications for PM10 and other pollutants as promulgated by the South Coast Air Quality Management District (SCAQMD) at the time of award. Contractors shall ONLY provide vehicles operating on alternative fuels, such as, Liquefied Natural Gas (LNG), Compressed Natural Gas (CNG) or other fuels according to the regulations of SCAQMD. N. NPDES Requirements: Contractor shall meet all applicable local, state and Federal clean water laws, rules and regulations including but not limited to all conditions set forth in the Los Angeles County National Pollution Discharge Elimination System Permit as it relates to street sweeping practices, and all Best Management Practices set forth by the City in compliance with NPDES requirements. Contractor shall not discharge any water containing trash, debris, pollutants, fuels, oils, soaps or other non- allowable constituents from its sweeping vehicles upon any city street, to any storm drain or any non-permitted outlet. As part of its submission, the Contractor shall describe its methods for preventing NPDES violations during sweeping operations within the City. In addition, Contractor shall comply with all NPDES requirements at its maintenance facilities, storage yards, and company facilities. Failure to comply with this section may result in termination for cause by the City of any Contract resulting from this solicitation. O. Speed of Sweepers: Sweepers shall not operate above five (5) miles per hour. P. Quality of Work: Contractor shall provide sufficient vehicles, equipment, and staff to accomplish a high level of quality of sweeping services to the City. Contractor shall operate sweeping equipment in such a manner that it shall meet the design specifications of the equipment and shall do a thorough and complete job of removing debris and dirt from the city streets. The City shall periodically and randomly inspect sweeping services to determine level of quality. For purposes of inspection, the level of quality shall meet the City’s expectation and include the following: 1. Removal of any trash, litter, leaves or light foreign objects 2-inches or greater in diameter from along the curb line and the entire width of the sweeper path. 2. Removal of dirt, fines and light objects less than 2-inches in diameter along the curb line and the entire width of the sweeper path. Q. Street Sweeping Complaints: Once notified by the City, Contractor shall investigate any complaints that may concern or involve the performance of the drivers and their operation. Contractor shall report to the City representative on the next working day as to the action or procedure taken with reference to any complaints. R. Special Street Sweeping: Occasional sweeping required by Contractor to include add-on scheduled and non-scheduled street sweeping of special events, unusual conditions or any other sweeping requested by the City not included in routine/scheduled sweeping. The City will give approximately 48 hours advanced notice for any special street sweeping. Billing for special sweeps is based on an hourly rate with travel time included. Include the cost per hour in Attachment “C” and no additional compensation shall be made therefor. Street sweeper shall temporarily 281 City of Vernon Street Sweeping Services Request for Proposals Page 8 of 17 June 2017 postpone scheduled sweep and respond to special sweep locations once contact has been made to Contractor’s office or field personnel by City staff. Scheduled sweep will resume once special sweep has been completed so as location may be inspected and verified for cleanliness. Special sweeps are to be completed during an agreed upon time. S. Emergency Sweeps: Occasional sweeping required by Contractor to include nonhazardous spills, accident cleanups and unusual conditions which would require after-hour, weekend and holiday responses. Response to emergency sweeps shall be within two (2) hours of notifications by the City. Contractor shall provide City with name and phone number of contact person for after-hour sweeps. Include the cost per hour in Attachment “C” and no additional compensation shall be made therefor. T. Re-Sweeps: Re-sweeps are those required by the Contractor when, after inspection by the City, the sweeps are deemed not to meet the City’s expectations, or when a street or section has been missed during the regularly scheduled street sweeping. Re- sweeps are completed at the expense of the Contractor. Responses to re-sweeps shall be within twenty-fours (24) after being notified by the City representative and are to be completed at the expense of the Contractor. Arterial re-sweeps will be completed prior to 5:00 a.m. the following day after contact by City representative and are to be completed at the expense of the Contractor. Contractor shall notify City representative when re-sweeps are completed so City staff may inspect and verify work. U. Non-swept Items: Non-swept or items not capable of being swept, such as small tree limbs, palm fronds, rocks, silt, mud, trash and debris shall be collected and removed by the Contractor from the normal sweeping path. Larger obstructions such as tree limbs, construction or landscape contractor debris, shall be immediately reported to the City representative. V. Accident Reports: Contractor shall provide a copy of a detailed written report of any and all accidents involving Contractor’s vehicles, personnel, and/or equipment while operating within the City, to the designated City representative within twenty-four (24) hours from the date and time of the accident. Said report shall include the date and time of the accident and a copy of any law enforcement reports or reference identification resulting from the accident. Contractor shall provide the name and contact information of Contractor’s safety officer, including cell phone for emergency contact. W. Disposal of Sweeping: All debris and refuse material swept by the Contractor shall be the property of and the disposal responsibility of the Contractor from and after the time of street sweeping. Contractor shall dispose of all debris and refuse collected by hauling the same to a legally established disposal area. If it becomes necessary to temporarily store said refuse at a transfer site, these sites shall be cleared daily. 282 City of Vernon Street Sweeping Services Request for Proposals Page 9 of 17 June 2017 Obtaining use of such sites shall be the responsibility of the Contractor. All such sites are subject to the approval of the Director of Public Works or his/her representative. Contractor shall be responsible for the collection, hauling, and disposal of all materials collected during the course of the daily sweeping. The City is under State Mandate to comply with waste diversion requirements that require the City to divert 50% of the waste stream from landfilling. After the award of the Contract, the Contractor shall describe their proposed collection, hauling, and disposal activities, including identifying proposed waste disposal facilities receiving collected debris and materials. In addition, Contractor shall describe in detail the waste diversion and recycling activities Contractor shall undertake to ensure that 50% of the materials and debris collected during the course of sweeping operations shall be diverted from landfilling or recycled. Contractor shall identify any diversion or recycling facilities proposed for receiving said materials. Contractor shall prepare and submit a report documenting tonnage delivered to each facility and copies of weight tickets for each load. Reports shall be submitted for each calendar quarter and shall be provided to the City by the 20th of the month following the end of the calendar quarter. X. Record Keeping: Contractor’s sweeper operator shall be required to maintain a daily log of the streets swept. Items to be recorded consist of: 1. Streets swept, date of sweeping 2. Operator’s name 3. Type of sweeper, sweeper number 4. Mileage of each street 5. Amount of debris collected (tons) per area. In addition, Contractor shall record any scheduled areas missed, reasons scheduled sweeping was not done and date and time previously missed areas were swept. Contractor shall also submit to the City a monthly and an annual report that summarizes curb mileage swept and weight of material disposed. Contractor shall meet all Federal, State, or Local regulations pertaining to sweeper equipment operation. Contractor shall provide all necessary operational information and data that may be required to complete the reporting requirements of any legally established regulatory agency. Y. Invoicing: Invoices submitted by Contractor shall be paid in accordance with the terms stated in Attachment “C” and the signed Agreement. The approved pricing shall remain in effect unless modified by mutual written consent of both parties. The City requires the Contractor to provide monthly invoices for services by sending billing statements to: City of Vernon Public Works Department 4305 Santa Fe Avenue Vernon, CA. 90058 Contractor invoices must contain the following information per vehicle: • GPS Data • Amount of debris and refuse material legally disposed 283 City of Vernon Street Sweeping Services Request for Proposals Page 10 of 17 June 2017 • Sweeper CNG/LNG usage • Routes completed • Curb miles swept • Complaint Log 5. QUALIFICATIONS & CRITERIA A. Qualifications: The City of Vernon will select one Contractor for all of the outlined Scope of Services on the basis of qualifications, experience, and cost. The following are the minimum qualifications to be used to evaluate responses to this Request for Proposals: 1. The Contractor shall have three (3) years of professional experience providing Street Sweeping Services in a government or commercial setting. 2. Have in place all labor, equipment, materials, tools, and supervision required to perform the work associated with this service. 3. Hold the necessary City, County, State, and Federal permits or licenses to perform this service. 4. The Contractor shall carry insurance in accordance with the provisions set forth in Attachment “B” (Services Agreement). B. Selection Criteria: The City will conduct a comprehensive, fair, and impartial evaluation of proposals received in response to this RFP. All proposals received will be reviewed and evaluated by a committee of qualified personnel. The name, information, or experience of the individual members will not be made available to any proposer. The Evaluation Committee will first review and screen all proposals submitted, except for the cost proposals, according to the minimum qualifications set forth above. The following criteria will be used in reviewing and comparing the proposals and in determining the highest scoring proposal: 1. 30% Qualifications, background and prior experience of the firm in the Service Area(s) being proposed, experience of key staff assigned to oversee services provided to Vernon, evaluation of size and scope of similar work performed and success on that work. 2. 30% Cost and fees to the City for handling matters. Cost is not the sole determining factor but will be taken into consideration. Proposer must offer services at a rate comparable to the rate proposer offers to other governmental entities for similar work. Offering a higher rate to the City than the comparable rate is grounds for disqualification of the Proposer. If rates differ for different types or levels of service, or for different Service Areas, the Proposer should so state. 3. 20% Responsiveness to the RFP, and quality and responsiveness of the proposal. 4. 20% References including past performance of proposer. 6. FORMAT AND DELIVERY OF RESPONSE 284 City of Vernon Street Sweeping Services Request for Proposals Page 11 of 17 June 2017 Respondents are asked to submit one (1) unbound original, three (3) hard copies, and one (1) electronic copy (via email to maumentado@ci.vernon.ca.us) of their proposals in sufficient detail to allow for a thorough evaluation and comparative analysis. The proposal should include, at a minimum, the following information in sectionalized format addressing all phases of the work in the RFP. A. Format: Limit your proposal to 25 typed 8.5” X 11” pages, or fewer, on white bond paper of at least 20-pound weight single sided. You may attach a firm brochure if you wish, but it must be as a separate attachment and independent from the required elements noted below. 1. Use a conventional typeface with a minimum font size of 12 points. Use a 1” margin on all borders. 2. Organize your submittal in the order described in the section. 3. Prominently label the package: “Street Sweeping Services CS-1029” and include the name of the primary contact for the respondent. Deliver the response to: City of Vernon Attention: Daniel Wall, Director Of Public Works 4305 Santa Fe Avenue Vernon, CA 90058 4. Responses are due on or before 2:00 p.m. on December 10, 2018. Late response will not be accepted. 5. If you have any questions about this RFP, please email Mark Aumentado at maumentado@ci.vernon.ca.us. Please note that any questions asked and any response provided by the City of Vernon will be sent to every person who will be submitting a proposal, to the extent the City is aware of them. Deadline for questions will be due before 11:00 a.m. on November 19, 2018. Responses will be answered as an addendum and will be posted on the City’s website (www.cityofvernon.org) no later than 5:00 p.m. on November 26, 2018. B. Cover Letter: All proposals shall include a cover letter which states that the proposal shall remain valid for a period of not less than ninety (90) days from the date of submittal. If the proposal contemplates the use of sub-contractors, the sub- contractors shall be identified in the cover letter. If the proposal is submitted by a business entity, the cover letter shall be signed by an officer authorized to contractually bind the business entity. With respect to the business entity, the cover letter shall also include: the identification of the business entity, including the name, address and telephone number of the business entity; and the name, title, address and telephone number of a contact person during the proposal evaluation period. C. Introduction: Present an introduction of the proposal and your understanding of the assignment and significant steps, methods and procedures to be employed by the 285 City of Vernon Street Sweeping Services Request for Proposals Page 12 of 17 June 2017 proposer to ensure quality deliverables that can be delivered within the required time frames and your identified budget. D. General Scope of Work: Briefly summarize the scope of work as the proposer perceives or envisions it for each Service Area proposed. E. Work Plan: Present concepts for conducting the work plan and interrelationship of all projects. Define the scope of each task including the depth and scope of analysis or research proposed. F. Fees and costs: Although an important aspect of consideration, the financial cost estimate will not be the sole justification for consideration. Negotiations may or may not be conducted with the proposer; therefore, the proposal submitted should contain the proposer’s most favorable terms and conditions, since selection and award may be made without discussion with any firm. All prices should reflect “not to exceed” amounts per item. Proposer must offer services at a rate comparable to the rate proposer offers to other governmental entities for similar work. Include the minimum time charged for special street sweeps and emergency sweeps. Offering a higher rate to the City than the comparable rate is grounds for disqualification of the Proposer. All costs and fees shall be submitted on Attachment “C” of this RFP. G. Ability of the Proposer to Perform: Provide a detailed description of the proposer and his/her/its qualifications, including names, titles, detailed professional resumes and past experience in similar work efforts/products of key personnel who will be working on the assignment. Provide a list of specific related work projects that have been completed by the proposer which are directly related to the assignment described in this RFP. Note the specific individuals who completed such project(s). Identify role and responsibility of each member of the project team. Include the amount of time key personnel will be involved in the respective portions of the assignment. Respondents are encouraged to supply relevant examples of their professional product. Provide a list of references. The selected Contractor shall not subcontract any work under the RFP nor assign any work without the prior written consent of the City. H. Affidavit of Non-Collusion. Proposer must submit a completed and signed, “Affidavit of Non-Collusion.” (Copy attached as Attachment “A”). 7. ADDENDA, CHANGES, AND AMENDMENTS TO THIS SOLICITATION At any time prior to the due date for responses, the City may make changes, amendments, and addenda to this solicitation, including changing the date due to allow respondents time to address such changes. Addenda, changes, and amendments, if made, will be posted on the City’s website (www.cityofvernon.org), which is deemed adequate notice. A proposer may make a request to the City representative to be placed on a list of persons to receive notice of any such addenda, changes, or amendments. The preferred manner of communications is via e-mail due to its timeliness. 286 City of Vernon Street Sweeping Services Request for Proposals Page 13 of 17 June 2017 8. CONDITIONS FOR RESPONSES TO RFP The following conditions apply to this RFP process: A. Nothing contained in this RFP shall create any contractual relationship between the respondent and the City. B. This RFP does not obligate the City to establish a list of service providers qualified as prime Contractors, or award a Contract to any respondent. The City reserves the right to amend or cancel this RFP without prior notice, at any time, at its sole discretion. C. The City shall not be liable for any expenses incurred by any individual or organization in connection with this RFP. D. No conversations or agreements with any officer, agent, or employee of the City shall affect or modify any terms of this RFP. Oral communications or any written/e-mail materials provided by any person other than designated contact staff of City shall not be considered binding. E. The City reserves the right, in its sole discretion, to accept or reject any or all Proposals without prior notice and to waive any minor irregularities or defects in a Proposal. The City reserves the right to seek clarification on a Proposal with any source. F. The dates, times, and sequence of events related to this RFP shall ultimately be determined by the City. The schedule shown above is subject to change, at the sole discretion of the City, although the City will attempt to follow it and, if it must be altered, will attempt to provide reasonable notice of the changes. G. Respondents shall not issue any news release pertaining to this RFP, or the City without prior written approval of the City. H. All submitted proposals and information included therein or attached thereto shall become public record upon delivery to the City. 9. RIGHT BY THE CITY TO WITHDRAW THIS REQUEST The City may, at its sole discretion and for any reason whatsoever, withdraw this solicitation at any time. 10. LIVING WAGE ORDINANCE The selected Contractor shall pay qualifying employees a wage of not less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. The Contractor shall also provide qualifying employees at least twelve days off per year for sick leave, 287 City of Vernon Street Sweeping Services Request for Proposals Page 14 of 17 June 2017 vacation or personnel necessity, and an additional ten days a year of uncompensated time for sick leave. There shall be a prohibition on an employer retaliation against an employee’s complaining to the City with regard to the employer’s compliance with the living wage ordinance. Contractor, and any Subcontractor(s), shall comply with the City’s Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit “D” of the standard form contract, attached hereto as Attachment “B”. Upon the City’s request, certified payroll records shall promptly be provided to the City. 11. STANDARD TERMS AND CONDITIONS Prior to the award of any work hereunder, City and proposer shall enter into the written Contract for services attached hereto as Attachment “B”. Proposers responding to this RFP are strongly advised to review all the terms and conditions of the Contract. The term of the Contract shall not exceed three (3) years. 288 City of Vernon Street Sweeping Services Request for Proposals Page 15 of 17 June 2017 ATTACHMENT A AFFIDAVIT OF NON-COLLUSION 289 March 2013 AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) _______________________________________________________________, being first duly sworn deposes and says that he/she is ______________________________________________________________________ (Insert "Sole Owner", "Partner", "President, "Secretary", or other proper title) of______________________________________________________________________________________ (Insert name of bidder) who submits herewith to the City of Vernon a bid/proposal; That all statements of fact in such bid/proposal are true; That such bid/proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; That such bid/proposal is genuine and not collusive or sham; That said bidder has not, directly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Vernon, or of any other bidder or anyone else interested in the proposed contract; and further That prior to the public opening and reading of bids/proposals, said bidder: a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham bid/proposal; b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid/proposal, or that anyone should refrain from bidding or withdraw his/her bid/proposal; c. Did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid/proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his/her bid/proposal price, or of that of anyone else; d. Did not, directly or indirectly, submit his/her bid/proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except the City of Vernon, or to any person or persons who have a partnership or other financial interest with said bidder in his/her business. I certify under penalty of perjury that the above information is correct By:______________________________________ Title:________________________________ Date:____________________________________ 290 City of Vernon Street Sweeping Services Request for Proposals Page 16 of 17 June 2017 ATTACHMENT B SERVICES AGREEMENT 291 December 2017 1 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND [CONTRACTOR’S NAME] FOR [BRIEF DESCRIPTION OF SERVICES] COVER PAGE Contractor: [insert name of contractor] Responsible Principal of Contractor: [insert name, title] Notice Information - Contractor: [insert name of contractor] [insert street address] [insert city, state, zip code] Attention: [insert name, title] Phone: [insert phone number] Facsimile: [insert fax number] Notice Information - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Daniel Wall Director of Public Works Telephone: (323) 583-8811 ext. 305 Facsimile: (323) 826-1435 Commencement Date: January 3, 2019 Termination Date: January 2, 2022 Consideration: Total not to exceed $[insert amount] (includes all applicable sales tax); and more particularly described in Exhibit C Records Retention Period Three (3) years, pursuant to Section 11.20 292 December 2017 2 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND [CONTRACTOR’S NAME] FOR [BRIEF DESCRIPTION OF SERVICES] This Contract is made between the City of Vernon ("City"), a California charter City and California municipal corporation (“City”), and [Contractor’s Name], a [State incorporated in] corporation (“Contractor”). The City and Contractor agree as follows: 1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the City Council on ____________, ____. 2.0 SCOPE OF SERVICES. 2.1 Contractor shall perform all work necessary to complete the services set forth in the Request for Proposals dated ___________, Exhibit “A”, and Contractor's proposal to the City ("Proposal") dated ____________, Exhibit “B”, both of which are attached to and incorporated into this Contract, by reference. 2.2 All services shall be performed to the satisfaction of City. 2.3 All services shall be performed in a competent, professional, and satisfactory manner in accordance with the prevailing industry standards for such services. 3.0 PERSONNEL. 3.1 Contractor represents that it employs, or will employ, at its own expense, all personnel required to perform the services under this Contract. 3.2 Contractor shall not subcontract any services to be performed by it under this Contract without prior written approval of City. 3.3 All of the services required hereunder will be performed by Contractor or by City-approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City. 293 December 2017 3 4.0 TERM. The term of this Contract shall commence on January 3, 2019, and it shall continue until January 2, 2022, unless terminated at an earlier date pursuant to the provisions thereof. 5.0 COMPENSATION AND FEES. 5.1 Contractor has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in and around Los Angeles County for the same services. For satisfactory and timely performance of the services, the City will pay Contractor in accordance with the payment schedule set forth in Exhibit “C” attached hereto and incorporated herein by reference. 5.2 Contractor's grand total compensation for the entire term of this Contract, shall not exceed [state amount] without the prior authorization of the City, as appropriate, and written amendment of this Contract. 5.3 Contractor shall, at its sole cost and expense, furnish all necessary and incidental labor, material, supplies, facilities, equipment, and transportation which may be required for furnishing services pursuant to this Contract. Materials shall be of the highest quality. The above Contract fee shall include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related costs and expenses. 5.4 City shall reimburse Contractor only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Contractor: 5.4.1 The actual costs of subcontractors for performance of any of the services that Contractor agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. 5.4.2 Approved reproduction charges. 294 December 2017 4 5.4.3 Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement. 5.5 Contractor shall not receive any compensation for extra work performed without the prior written authorization of City. As used herein, “extra work” means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Compensation for any authorized extra work shall be paid in accordance with the payment schedule as set forth in Exhibit “C,” if the extra work has been approved by the City. 5.6 Licenses, Permits, Fees, and Assessments. Contractor shall obtain, at Contractor’s sole cost and expense, such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for the performance of the Services by this Agreement. 6.0 PAYMENT. 6.1 As scheduled services are completed, Contractor shall submit to the City an invoice for the services completed, authorized expenses, and authorized extra work actually performed or incurred according to said schedule. 6.2 Each such invoice shall state the basis for the amount invoiced, including a detailed description of the services completed, the number of hours spent, reimbursable expenses incurred and any extra work performed. 6.3 Contractor shall also submit a progress report with each invoice that describes in reasonable detail the services and the extra work, if any, performed in the immediately preceding calendar month. 295 December 2017 5 6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment. 6.5 City will pay Contractor the amount invoiced within thirty (30) days after the City approves the invoice. 6.6 Payment of such invoices shall be payment in full for all services, authorized costs, and authorized extra work covered by that invoice. 7.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services; and will give any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's services. 8.0 COORDINATION OF SERVICES. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants, and other staff at all reasonable times. 9.0 INDEMNITY. Contractor agrees to indemnify City, its officers, elected officials, employees and agents against, and will hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “claims or liabilities”), including but not limited to professional negligence, that may be asserted or claimed by any person, firm or entity arising out of or in connection with the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the acts or omissions of Contractor hereunder, or arising from Contractor’s performance of or failure to perform any term, provision, covenant or condition of this Agreement, except to the extent such claims or liabilities arise from the gross negligence or willful misconduct of City, its officers, elected officials, agents or employees. 10.0 INSURANCE. Contractor shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Contract, including any extensions thereto. The policies shall state that they afford primary coverage. 296 December 2017 6 i. Automobile Liability with minimum limits of at least $1,000,000 combined single limit, including owned, hired, and non-owned liability coverage. ii. Contractor agrees to subrogate automobile liability resulting from performance under this agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the City under the performance of the services. iii. General Liability with minimum limits of at least $1,000,000 per occurrence and $2,000,000 aggregate written on an Insurance Services Office (ISO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis. Premises/Operations and Personal Injury coverage is required. The City of Vernon, its directors, commissioners, officers, employees, agents, and volunteers must be endorsed on the policy as additional insureds as respects liability arising out of the Contractor's performance of this Contract. (1) If Contractor employs other contractors as part of the services rendered, Contractor's Protective Coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein. (2) Contractor agrees to subrogate General Liability resulting from performance under this agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the City under the performance of the services. 297 December 2017 7 iv. Contractors Pollution Liability (CPL) policy limit shall provide coverage of no less than $1,000,000 per claim and in the aggregate. Coverage shall apply to bodily injury; property damage, including loss of use of damaged property or of property that has not been physically inured; cleanup costs; and costs of defense, including costs and expenses incurred in the investigation, defense, or settlement of claims. (1) Contractor shall obtain, pay for, and maintain for the duration of the Contract CPL insurance that provides coverage for liability caused by pollution conditions arising out of the operations of the Contractor. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using Subcontractors, the policy must include work performed “by or on behalf” of the insured. (2) All activities contemplated in the Contract shall be specifically scheduled on the CPL policy as “covered operation.” In addition, the policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites. (3) The policy shall specifically provide for a duty to defend on the part of the insurer. The City of Vernon, its officers, employees and agents shall be added to the policy as additional insureds by endorsement. v. Contractor shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. In addition, Contractor shall require each subcontractor to similarly maintain workers’ compensation insurance in accordance with the laws for California for all of the subcontractor’s employees. Compliance is accomplished in one of the following manners: (1) Provide copy of permissive self-insurance certificate approved by the State of California; or (2) Secure and maintain in force a policy of workers' compensation insurance 298 December 2017 8 with statutory limits and Employer's Liability Insurance with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Contract; or (3) Provide a "waiver" form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Contract. vi. Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice to City. vii. Insurance shall be placed with insurers with a Best's rating of no less than A-VIII. viii. Prior to commencement of performance, Contractor shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. ix. Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Contractor shall immediately notify City and cease all performance under this Contract until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against Contractor by way of set-off or recoupment from sums due to Contractor, at City's option; (b) immediately terminate this Contract and seek damages from the Contract resulting from said breach; or (c) self-insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Contractor, by way of set-off or recoupment from any sums due to Contractor. 11.0 GENERAL TERMS AND CONDITIONS. 11.1 INDEPENDENT CONTRACTOR. 299 December 2017 9 11.1.1 It is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent, officer or employee of City and shall furnish such services in its own manner and method except as required by this Contract, or any applicable statute, rule, or regulation. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. City assumes no liability for Contractor’s actions and performance, nor assumes responsibility for taxes, bonds, payments, or other commitments, implied or explicit, by or for Contractor. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, subcontractors and independent contractors, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 11.1.2 Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits. 11.2 CONTRACTOR NOT AGENT. Except as the City may authorize in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise. 11.3 OWNERSHIP OF WORK. All documents and materials furnished by the City to Contractor shall remain the property of the City and shall be returned to the City upon termination of this Agreement. All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts, studies, memoranda, computation sheets, and other documents prepared by Contractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested at no additional cost to the City. Contractor shall keep 300 December 2017 10 such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Contract. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City. 11.4 CORRECTION OF WORK. Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services furnished by Contractor shall not relieve the Contractor from the obligation to correct subsequently discovered defects, inaccuracy, or incompleteness. 11.5 RESPONSIBILITY FOR ERRORS. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 11.6 WAIVER. The City's waiver of any term, condition, breach, or default of this Contract shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. 11.7 SUCCESSORS. This Contract shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors, and/or assigns. 11.8 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract 301 December 2017 11 or any rights hereunder without the prior written consent of the City and approval by the City Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Contract. No assignment shall release the original parties from their obligations or otherwise constitute a novation. 11.9 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof, including but without limitation, the Vernon Living Wage Ordinance. Violation of any law material to performance of this Contract shall entitle the City to terminate the Contract and otherwise pursue its remedies. Further, if the Contractor performs any work knowing it to be contrary to such laws, rules, and regulations Contractor shall be solely responsible for all costs arising therefrom. 11.10 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. 11.11 INTERPRETATION. 11.11.1 Applicable Law. This Contract shall be deemed a contract and shall be governed by and construed in accordance with the laws of the State of California. Contractor agrees that the State and Federal courts which sit in the State of California shall have exclusive jurisdiction over all controversies and disputes arising hereunder, and submits to the jurisdiction thereof. 11.11.2 Entire Agreement. This Contract, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation, and agreements (written or oral). 302 December 2017 12 11.11.3 Written Amendment. This Contract may only be changed by written amendment signed by Contractor and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Contract shall be of no force or effect. 11.11.4 Severability. If any provision in this Contract is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Contract, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Contract. 11.11.5 Order of Precedence. In case of conflict between the terms of this Contract and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Contract shall strictly prevail. The terms of the City’s Request for Proposals shall control over the Contractor’s Proposal. 11.11.6 Duplicate Originals. There shall be two (2) fully signed copies of this Contract, each of which shall be deemed an original. 11.11.7 Construction. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 11.12 TIME OF ESSENCE. Time is strictly of the essence of this contract and each and every covenant, term, and provision hereof. 11.13 AUTHORITY OF CONTRACTOR. The Contractor hereby represents and warrants to the City that the Contractor has the right, power, legal capacity, and authority to enter into and perform its obligations under this Contract, and its execution of this Contract has been duly authorized. 11.14 ARBITRATION OF DISPUTES. Any dispute for under $25,000 303 December 2017 13 arising out of or relating to the negotiation, construction, performance, non-performance, breach, or any other aspect of this Contract, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery. 11.15 NOTICES. Any notice or demand to be given by one party to the other must be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice. If to the City: City of Vernon Attention: Daniel Wall, Director of Public Works 4305 Santa Fe Avenue Vernon, CA 90058 If to the Contractor: Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt, or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. 11.16 NO THIRD PARTY RIGHTS. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right or remedy in, under, or to this Agreement. 11.17 TERMINATION FOR CONVENIENCE (Without Cause). City may 304 December 2017 14 terminate this Contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written notice to Contractor. If the Contract is thus terminated by City for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause. 11.18 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Contract by written notice to the defaulting party. The notice shall specify the basis for the default. The Contract shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. In case of default by Contractor, the City reserves the right to procure the goods or services from other sources and to hold the Contractor responsible for any excess costs occasioned to the City thereby. Contractor shall not be held accountable for additional costs incurred due to delay or default as a result of Force Majeure. Contractor must notify the City immediately upon knowing that non-performance or delay will apply to this Contract as a result of Force Majeure. At that time Contractor is to submit in writing a Recovery Plan for this Contract. If the Recovery Plan is not acceptable to the City or not received within 10 days of the necessary notification of Force Majeure default, then the city may cancel this order in its entirety at no cost to the City, owing only for goods and services completed to that point. 11.19 TERMINATION FOR CAUSE. Termination for cause shall relieve the terminating party of further liability or responsibility under this Contract, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. If this Agreement is terminated as provided herein, City may require, at no additional cost to City, that Contractor provide all 305 December 2017 15 finished or unfinished documents, data, and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 11.19.1 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 11.20 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. The Contractor shall maintain and preserve all such records for a period of at least three (3) years after termination of the Contract. The Contractor shall maintain all such records in the City of Vernon. If not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals, and overhead. 11.21 CONFLICT. Contractor hereby represents, warrants, and certifies that no member, officer, or employee of the Contractor is a director, officer, or employee of the City of Vernon, or a member of any of its boards, commissions, or committees, except to the extent permitted by law. 11.22 HEADINGS. Paragraphs and subparagraph headings contained in this 306 December 2017 16 Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 11.23 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1½ times the basic rate of pay. 11.24 LIVING WAGES. Contractor, and any Subcontractor(s), shall comply with the City’s Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit “D”. Upon the City’s request, certified payroll records shall promptly be provided to the City. 11.25 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit “E”. [Signatures Begin on Next Page]. 307 December 2017 17 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the Commencement Date stated on the cover page. City of Vernon, a California charter City and California municipal corporation By: ____________________________ Yvette Woodruff-Perez, Mayor [CONTRACTOR’S NAME, a [State incorporated in] corporation By: Name: Title: ATTEST: _______________________________ Maria E. Ayala, City Clerk By: Name: Title: APPROVED AS TO FORM: _______________________________ Hema Patel, City Attorney 308 December 2017 18 EXHIBIT A REQUEST FOR PROPOSALS 309 December 2017 19 EXHIBIT B PROPOSAL 310 December 2017 20 EXHIBIT C SCHEDULE 311 December 2017 21 EXHIBIT D LIVING WAGE PROVISIONS Minimum Living Wages: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. Paid and Unpaid Days Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer’s compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney’s fees, or to compel City officials to terminate the service contract of violating employers. 312 December 2017 22 EXHIBIT E EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. 313 City of Vernon Street Sweeping Services Request for Proposals Page 17 of 17 June 2017 ATTACHMENT C UNIT PRICE PROPOSAL FORM TASK QTY UNIT UNIT PRICE TOTAL COST Ordinary Work Frequent and regularly schedule sweeping services for all curb and gutter segments of all public streets, raised center medians, and full width of public alleys within the City's jurisdiction 36 Monthly $ $ Extraordinary Work Street sweeping services for special events not included in the routine/scheduled sweeping 60 Hourly $ $ Street sweeping services for emergency events not included in the routine/scheduled sweeping 60 Hourly $ $ Grand Total of: _________________________________________________________________Dollars ($_________________________________) All other work items, labor, materials, tools and incidentals which are not specifically listed in the above items, but are necessary to complete the project per specifications, and all other applicable standards and codes shall be included in the items above, and no additional compensation shall be made therefor. Submitted by: __________________________ Address: ______________________________ Signature: _____________________________ 314 CITY OF VERNONSTREET SWEEPINGSCHEDULECS-1029Sweeping Schedule (2am - 6am)Mon. & Wed.:North and East side of streetTues. & Thurs.:South and West side of street-Alternate side parking is allowedduring regularly scheduled sweeping-No sweeping shall occur on Holidays.Streets shall be rescheduled for sweepingon the Friday following the holiday.LEGENDMon. and Tues. ZoneWed. and Thurs. ZoneNo Sweep ZoneBoundary LinePrivate AlleyATTACHMENT D315 19 EXHIBIT B PROPOSAL 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 20 EXHIBIT C SCHEDULE 336 337 21 EXHIBIT D LIVING WAGE PROVISIONS Minimum Living Wages: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. Paid and Unpaid Days Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer’s compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney’s fees, or to compel City officials to terminate the service contract of violating employers. 338 22 EXHIBIT E EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. 339 City Council Agenda Item Report Agenda Item No. COV-12-2019 Submitted by: Anthony Zarate Submitting Department: Public Works Meeting Date: January 15, 2019 SUBJECT Award of Services Agreement to Willdan Engineering for Structural Plan Check Services Recommendation: A. Find that awarding the contract to Willdan Engineering is exempt from California Environmental Quality Act (CEQA) review, because it is an administrative activity that will not result in direct or indirect physical changes in the environment, and therefore is not a “project’ as defined by CEQA Guidelines, Section 15378; and B. Approve a Services Agreement with Willdan Engineering, in substantially the same form as submitted herewith, for a one (1) year term in an amount not-to-exceed $65,000 for structural plan check services; and C. Authorize the City Administrator to execute the Services Agreement with Willdan Engineering with an effective date of January 1, 2019. Backgroud: On August 15, 2018, the City Administrator authorized the release of a Request for Proposals (RFP) for structural plan check services. The RFP was posted on the City’s website, advertised in the Huntington Park Bulletin, and sent to multiple firms in the southern California area known for doing this work. On September 4, 2018, the City received 11 proposals in response to the RFP. The proposals were evaluated based on the rating criteria outlined in the RFP. The rating criteria takes into account the following factors: Price, qualifications, responsiveness to the RFP, and references. Ultimately, Willdan Engineering (Willdan) and Melvyn Green and Associates (Mel Green) were deemed as the most qualified firms based on the ranking criteria. Due to ongoing structural plan check services at several sites within the City, the Public Works Department (Department), would like to continue utilizing the services of Mel Green in addition to introducing Willdan as the City’s new structural consultant for new plan check submittals. The Department does not recommend shifting plan check reviews to a new firm half-way through the plan check process, as projects may stall and cause a delay in issuing permits. It is, however, the intent of the Department to make Willdan the City’s primary structural plan check consultant and, eventually, phase out the services of Mel Green. Considering that Mel Green has been the City’s structural consultant for years, it would also be beneficial for the Department to retain Mel Green as a secondary option in the event of an unforeseen event or emergency where Mel Green would be knowledgeable and is known to have considerable expertise. Due to the dollar threshold ($65,000 per agreement), staff received authorization at the City Administrator level to award the contract to Melvyn Green & Associates. However, in July 2018, the City secured a services agreement with Willdan Engineering for Code Enforcement now valued at $99,000.00. As a result, the proposed agreement with Willdan for structural services will surpass the $100,000 threshold and pursuant to Section 2.17.02 (B) of the VMC, staff is requesting authorization from the City Council to approve the services agreement with Willdan and authorize the 340 City Administrator to execute the services agreement. The proposed agreement has been reviewed and approved as to form by the City Attorney’s office. Fiscal Impact: As previously stated, Willdan currently provides the City with Code Enforcement services, under a $99,000 contract. Costs for the proposed structural services agreement will add an additional $65,000 in expenses for Willdan Engineering, for a total of $164,000. Funds for both services have been allocated in the Department’s FY 2018-19 Budget and will also be budgeted next fiscal year. ATTACHMENTS 1. Services Agreement with Willdan Engineering 341 1 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND WILLDAN ENGINEERING FOR STRUCTURAL PLAN CHECK SERVICES COVER PAGE Contractor: Willdan Engineering Responsible Principal of Contractor: James Guerra, Director of Building & Safety Notice Information - Contractor: Willdan Engineering 13191 Crossroads Parkway North Ste. 405 Industry, CA 91746 Attention: James Guerra, Director of Building & Safety Phone: (562) 364-8499 Facsimile: (562) 695-2120 Notice Information - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Daniel S. Wall, P.E. Director of Public Works Telephone: (323) 583-8811 ext. 305 Facsimile: (323) 826-1435 Commencement Date: January 1, 2019 Termination Date: January 1, 2020 Consideration: Total not to exceed $65,000.00 (includes all applicable sales tax); and more particularly described in Exhibit C Records Retention Period Three (3) years, pursuant to Section 11.20 342 2 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND WILLDAN ENGINEERING FOR STRUCTURAL PLAN CHECK SERVICES This Contract is made between the City of Vernon ("City"), a California charter City and California municipal corporation (“City”), and Willdan Engineering, a California corporation (“Contractor”). The City and Contractor agree as follows: 1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the services as hereinafter set forth. 2.0 SCOPE OF SERVICES. 2.1 Contractor shall perform all work necessary to complete the services set forth in the Request for Proposals issued on or about August 15, 2018, Exhibit “A”, and Contractor's proposal to the City ("Proposal") dated September 4, 2018, Exhibit “B”, both of which are attached to and incorporated into this Contract, by reference. 2.2 All services shall be performed to the satisfaction of City. 2.3 All services shall be performed in a competent, professional, and satisfactory manner in accordance with the prevailing industry standards for such services. 3.0 PERSONNEL. 3.1 Contractor represents that it employs, or will employ, at its own expense, all personnel required to perform the services under this Contract. 3.2 Contractor shall not subcontract any services to be performed by it under this Contract without prior written approval of City. 3.3 All of the services required hereunder will be performed by Contractor or by City-approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City. 4.0 TERM. The term of this Contract shall commence on January 1, 2019, and it shall continue until January 1, 2020, unless terminated at an earlier date pursuant to the provisions thereof. 343 3 5.0 COMPENSATION AND FEES. 5.1 Contractor has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in and around Los Angeles County for the same services. For satisfactory and timely performance of the services, the City will pay Contractor in accordance with the payment schedule set forth in Exhibit “C” attached hereto and incorporated herein by reference. 5.2 Contractor's grand total compensation for the entire term of this Contract, shall not exceed $65,000.00 without the prior authorization of the City, as appropriate, and written amendment of this Contract. 5.3 Contractor shall, at its sole cost and expense, furnish all necessary and incidental labor, material, supplies, facilities, equipment, and transportation which may be required for furnishing services pursuant to this Contract. Materials shall be of the highest quality. The above Contract fee shall include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related costs and expenses. 5.4 City shall reimburse Contractor only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Contractor: 5.4.1 The actual costs of subcontractors for performance of any of the services that Contractor agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. 5.4.2 Approved reproduction charges. 5.4.3 Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement. 344 4 5.5 Contractor shall not receive any compensation for extra work performed without the prior written authorization of City. As used herein, “extra work” means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Compensation for any authorized extra work shall be paid in accordance with the payment schedule as set forth in Exhibit “C,” if the extra work has been approved by the City. 5.6 Licenses, Permits, Fees, and Assessments. Contractor shall obtain, at Contractor’s sole cost and expense, such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for the performance of the Services by this Agreement. 6.0 PAYMENT. 6.1 As scheduled services are completed, Contractor shall submit to the City an invoice for the services completed, authorized expenses, and authorized extra work actually performed or incurred according to said schedule. 6.2 Each such invoice shall state the basis for the amount invoiced, including a detailed description of the services completed, the number of hours spent, reimbursable expenses incurred and any extra work performed. 6.3 Contractor shall also submit a progress report with each invoice that describes in reasonable detail the services and the extra work, if any, performed in the immediately preceding calendar month. 6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment. 6.5 City will pay Contractor the amount invoiced within thirty (30) days after the City approves the invoice. 345 5 6.6 Payment of such invoices shall be payment in full for all services, authorized costs, and authorized extra work covered by that invoice. 7.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services; and will give any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's services. 8.0 COORDINATION OF SERVICES. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants, and other staff at all reasonable times. 9.0 INDEMNITY. Contractor agrees to indemnify City, its officers, elected officials, employees and agents against, and will hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “claims or liabilities”), including but not limited to professional negligence, that may be asserted or claimed by any person, firm or entity arising out of or in connection with the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the acts or omissions of Contractor hereunder, or arising from Contractor’s performance of or failure to perform any term, provision, covenant or condition of this Agreement, except to the extent such claims or liabilities arise from the gross negligence or willful misconduct of City, its officers, elected officials, agents or employees. 10.0 INSURANCE. Contractor shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Contract, including any extensions thereto. The policies shall state that they afford primary coverage. i. Automobile Liability with minimum limits of at least $1,000,000 combined single limit, including owned, hired, and non-owned liability coverage. ii. Contractor agrees to subrogate automobile liability resulting from performance 346 6 under this agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the City under the performance of the services. iii. General Liability with minimum limits of at least $1,000,000 per occurrence and $2,000,000 aggregate written on an Insurance Services Office (ISO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis. Premises/Operations and Personal Injury coverage is required. The City of Vernon, its directors, commissioners, officers, employees, agents, and volunteers must be endorsed on the policy as additional insureds as respects liability arising out of the Contractor's performance of this Contract. (1) If Contractor employs other contractors as part of the services rendered, Contractor's Protective Coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein. (2) Contractor agrees to subrogate General Liability resulting from performance under this agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the City under the performance of the services. iv. Professional Errors and Omissions coverage in a sum of at least $1,000,000, where such risk is applicable. Applicable aggregates must be identified and claims history provided to determine amounts remaining under the aggregate. Contractor shall maintain such 347 7 coverage for at least one (1) year after the termination of this Agreement. v. Contractor shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. In addition, Contractor shall require each subcontractor to similarly maintain workers’ compensation insurance in accordance with the laws for California for all of the subcontractor’s employees. Compliance is accomplished in one of the following manners: (1) Provide copy of permissive self-insurance certificate approved by the State of California; or (2) Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability Insurance with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Contract; or (3) Provide a "waiver" form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Contract. vi. Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice to City. vii. Insurance shall be placed with insurers with a Best's rating of no less than A-VIII. viii. Prior to commencement of performance, Contractor shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. ix. Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Contractor shall immediately notify City and cease all performance under this Contract until further directed by the City. In the absence of satisfactory 348 8 insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against Contractor by way of set-off or recoupment from sums due to Contractor, at City's option; (b) immediately terminate this Contract and seek damages from the Contract resulting from said breach; or (c) self-insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Contractor, by way of set-off or recoupment from any sums due to Contractor. 11.0 GENERAL TERMS AND CONDITIONS. 11.1 INDEPENDENT CONTRACTOR. 11.1.1 It is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent, officer or employee of City and shall furnish such services in its own manner and method except as required by this Contract, or any applicable statute, rule, or regulation. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. City assumes no liability for Contractor’s actions and performance, nor assumes responsibility for taxes, bonds, payments, or other commitments, implied or explicit, by or for Contractor. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, subcontractors and independent contractors, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 11.1.2 Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits. 349 9 11.2 CONTRACTOR NOT AGENT. Except as the City may authorize in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise. 11.3 OWNERSHIP OF WORK. All documents and materials furnished by the City to Contractor shall remain the property of the City and shall be returned to the City upon termination of this Agreement. All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts, studies, memoranda, computation sheets, and other documents prepared by Contractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested at no additional cost to the City. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Contract. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City. 11.4 CORRECTION OF WORK. Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services furnished by Contractor shall not relieve the Contractor from the obligation to correct subsequently discovered defects, inaccuracy, or incompleteness. 11.5 RESPONSIBILITY FOR ERRORS. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 350 10 11.6 WAIVER. The City's waiver of any term, condition, breach, or default of this Contract shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. 11.7 SUCCESSORS. This Contract shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors, and/or assigns. 11.8 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract or any rights hereunder without the prior written consent of the City and approval by the City Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Contract. No assignment shall release the original parties from their obligations or otherwise constitute a novation. 11.9 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof, including but without limitation, the Vernon Living Wage Ordinance. Violation of any law material to performance of this Contract shall entitle the City to terminate the Contract and otherwise pursue its remedies. Further, if the Contractor performs any work knowing it to be contrary to such laws, rules, and regulations Contractor shall be solely responsible for all costs arising therefrom. 11.10 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. 11.11 INTERPRETATION. 351 11 11.11.1 Applicable Law. This Contract shall be deemed a contract and shall be governed by and construed in accordance with the laws of the State of California. Contractor agrees that the State and Federal courts which sit in the State of California shall have exclusive jurisdiction over all controversies and disputes arising hereunder, and submits to the jurisdiction thereof. 11.11.2 Entire Agreement. This Contract, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation, and agreements (written or oral). 11.11.3 Written Amendment. This Contract may only be changed by written amendment signed by Contractor and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Contract shall be of no force or effect. 11.11.4 Severability. If any provision in this Contract is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Contract, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Contract. 11.11.5 Order of Precedence. In case of conflict between the terms of this Contract and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Contract shall strictly prevail. The terms of the City’s Request for Proposals shall control over the Contractor’s Proposal. 11.11.6 Duplicate Originals. There shall be two (2) fully signed copies of this Contract, each of which shall be deemed an original. 11.11.7 Construction. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if 352 12 drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 11.12 TIME OF ESSENCE. Time is strictly of the essence of this contract and each and every covenant, term, and provision hereof. 11.13 AUTHORITY OF CONTRACTOR. The Contractor hereby represents and warrants to the City that the Contractor has the right, power, legal capacity, and authority to enter into and perform its obligations under this Contract, and its execution of this Contract has been duly authorized. 11.14 ARBITRATION OF DISPUTES. Any dispute for under $25,000 arising out of or relating to the negotiation, construction, performance, non-performance, breach, or any other aspect of this Contract, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery. 11.15 NOTICES. Any notice or demand to be given by one party to the other must be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice. If to the City: City of Vernon Attention: Daniel Wall, Director of Public Works 4305 Santa Fe Avenue Vernon, CA 90058 If to the Contractor: Willdan Engineering 13191 Crossroads Parkway North Ste. 405 Industry, CA 91746 Attention: James Guerra, Director of Building & Safety 353 13 Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt, or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. 11.16 NO THIRD PARTY RIGHTS. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right or remedy in, under, or to this Agreement. 11.17 TERMINATION FOR CONVENIENCE (Without Cause). City may terminate this Contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written notice to Contractor. If the Contract is thus terminated by City for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause. 11.18 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Contract by written notice to the defaulting party. The notice shall specify the basis for the default. The Contract shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. In case of default by Contractor, the City reserves the right to procure the goods or services from other sources and to hold the Contractor responsible for any excess costs occasioned to the City thereby. Contractor shall not be held accountable for additional costs incurred due to delay or default as a result of Force Majeure. Contractor must notify the City immediately upon knowing that non-performance or delay will apply to this Contract as a result of Force Majeure. At that time Contractor is to submit in writing a Recovery Plan for this Contract. If the Recovery Plan is 354 14 not acceptable to the City or not received within 10 days of the necessary notification of Force Majeure default, then the city may cancel this order in its entirety at no cost to the City, owing only for goods and services completed to that point. 11.19 TERMINATION FOR CAUSE. Termination for cause shall relieve the terminating party of further liability or responsibility under this Contract, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. If this Agreement is terminated as provided herein, City may require, at no additional cost to City, that Contractor provide all finished or unfinished documents, data, and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 11.19.1 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 11.20 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. The Contractor shall maintain and preserve all such records for a period of at least three (3) years after termination of the Contract. The Contractor shall maintain all such records in the City of Vernon. If not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or 355 15 reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals, and overhead. 11.21 CONFLICT. Contractor hereby represents, warrants, and certifies that no member, officer, or employee of the Contractor is a director, officer, or employee of the City of Vernon, or a member of any of its boards, commissions, or committees, except to the extent permitted by law. 11.22 HEADINGS. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 11.23 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1½ times the basic rate of pay. 11.24 LIVING WAGES Contractor, and any Subcontractor(s), shall comply with the City’s Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit “D”. Upon the City’s request, certified payroll records shall promptly be provided to the City 11.25 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure 356 16 that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit “E”. [Signatures Begin on Next Page]. 357 17 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the Commencement Date stated on the cover page. City of Vernon, a California charter City and California municipal corporation By: ____________________________ Carlos R. Fandino Jr., City Administrator Willdan Engineering, 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 358 18 EXHIBIT A REQUEST FOR PROPOSALS 359 June 2017 City of Vernon Request for Proposals (RFP) Structural Plan Check Services City of Vernon Public Works Department 4305 Santa Fe Avenue, Vernon, CA 90058 Phone: (323) 583-8811 360 City of Vernon Structural Plan Check Services Request for Proposals Page 2 of 10 June 2017 1. INTRODUCTION AND PROJECT The City of Vernon is requesting proposals from qualified firms to perform structural plan check services on behalf of the City’s Building and Safety Division of the Public Works Department. The City currently utilizes a contract structural engineering firm to review plans to confirm conformance with the latest edition of the California Building Code. The selected consultant will be required to provide, in a timely fashion, a thorough structural review of construction plans and calculations submitted as part of building permit applications to ensure all proposed work conforms with the latest edition of the California Building Code as amended by the City of Vernon. In addition, the consultant shall be able to provide to the City advice on small City capital projects and be available for inspections after a natural or manmade disaster. The City will select one firm, based on demonstrated competence and a cost effective approach to design, conduct, and assist in the City’s structural plan check services. 2. BACKGROUND The City of Vernon was founded in 1905, is approximately 5.2 square miles in size and is located approximately 5 miles southeast of downtown Los Angeles California. Over its long history, Vernon has been developed as an industrial community. At the turn of the 20th century the lands that make up Vernon were comprised largely of farmlands. The presence of three major rail lines in the area led influential business and property owners to encourage the railroad companies to run spur lines onto the farmlands. These rail extensions enabled the creation of an “exclusively industrial” city. By the 1920’s, Vernon was attracting large stockyards and meatpacking facilities. In the 1930’s, Vernon became the location of choice for many heavy industrial plants. As economic conditions changed over the decades, these large scale industrial operations have relocated out of Southern California and Vernon has attracted smaller, lighter industrial facilities. The City’s business friendly environment, low cost utilities and key location for trucking and rail transport continue to position Vernon as an ideal location for industrial uses. City Government: The City Council consists of five members, elected at-large, who serve five-year staggered terms. The City Council annually appoints a Mayor and a Mayor Pro Tem from its own membership to serve one-year terms. Labor Force: Vernon has approximately 280 employees, and its departments include a Fire Department, Police Department, Finance Department, Public Works Department, Public Utilities Department and Health and Environmental Control Department. Present bargaining units recognized include the Vernon Police Officers Benefit Association, Vernon Police Management Association, Vernon Firemen’s Association, the Vernon Fire Management Association, International Brotherhood of Electrical Workers Local 47, and Teamsters Local 911. 361 City of Vernon Structural Plan Check Services Request for Proposals Page 3 of 10 June 2017 3. SCOPE OF SERVICES REQUIRED The City of Vernon is seeking the services of a highly qualified consulting firm to assist in: structural engineering and plan checking services. The consultant selected will be required to analyze a diverse range of plans and calculations of proposed construction for buildings ranging from unreinforced masonry buildings constructed prior to the 1930’s, concrete framed buildings constructed in the 1940’s and 50’s to modern steel frame and tilt up buildings of today’s construction. The consultant will be required to confirm that the structural calculations performed by the applicant’s engineers comply with the requirements of the building code. The consultant will be required to review a variety of projects including new building construction, tanks, equipment installations, added roof and floor loads and retrofits of existing buildings. The City requires each building that has been vacant in excess of two years be brought into conformity with the City’s latest zoning and building regulations. The City utilizes FEMA 310, the California Existing Building Code, LABC and GSREB to confirm that the retrofit of these existing buildings conform to the latest structural requirements. The consultant selected shall have a thorough knowledge of these codes and standards along with the California Building Code and all referenced standards. In addition, the Consultant will be required to review the structural plans to confirm that sufficient detail is provided on the plans to construct the project and that structural inspections, including special inspection requirements are noted for each component of work. The Consultant shall provide a detailed list of corrections, written in plain English that can be understood by both the applicant and City staff. Plans shall be redlined to highlight deficiencies in the drawings. The City’s normal course of action in regards to plan review is as follows: 1. Applicant submits a building permit with multiple sets of plans. 2. City staff reviews the submittal to determine if submittals are adequate for plan review. 3. Plans and calculations are overnight mailed to the City’s structural consultant. 4. Consultant reviews the plans and calculations to determine conformity with the code and prepares a correction list and possibly redlines the plans if necessary. 5. Consultant overnights the plans and corrections back to the City. 6. City forwards the corrections to the applicant. 7. Applicant revises plans and makes other required corrections and resubmits to the City. 8. Steps 2 through 6 are again followed until such time as the plans submitted to the City are found acceptable. 9. City issues the permit to commence construction. On occasion plans and or calculations may be emailed or faxed to the Consultant to expedite the process and the engineer of record may meet one on one with the City’s consultant to discuss the corrections. Normally plans are checked in order received, but the City may reprioritize the projects based on various factors. On some occasions the applicant may be allowed to meet in person with the consultant to go over the corrections, but this would normally be performed by phone conversation if further clarification is needed. 362 City of Vernon Structural Plan Check Services Request for Proposals Page 4 of 10 June 2017 All corrections will be required to be neat and concise. The City prefers that a checklist be used when plan checking is performed to ensure all required items are complied with. Typically, all communications with the applicant is handled by City staff, however, complex projects may require that the City’s consultant communicate directly with the applicant’s engineer to provide both guidance and or clarification on the plan check corrections. On rare occasions the City’s consultant may be asked to inspect an existing building to understand the building components that will be reviewed or to inspect new construction when requested by the City’s building official. The Consultant’s time for these services will be charged on an hourly basis. Lastly, after a natural or manmade disaster the City may require the Consultant and its staff to assist the City in inspection services to determine if a structure can be safely occupied. The City shall be given first priority over other clients and shall be billed at the established hourly rates as set forth in the agreement. The City is open to suggestions that the Consultant believes would be of value in producing the best service while satisfying the requirements of the State Law and Local Law. 4. QUALIFICATIONS & CRITERIA A. Qualifications: The City of Vernon will select one firm for all of the outlined Scope of Service on the basis of qualifications, experience, and cost. The following are the minimum qualifications to be used to evaluate responses to this Request for Proposals: The consultant shall have minimum of 5 years’ experience in structural plan checking services. B. Selection Criteria: The City will conduct a comprehensive, fair, and impartial evaluation of proposals received in response to this RFP. All proposals received will be reviewed and evaluated by a committee of qualified personnel. The name, information, or experience of the individual members will not be made available to any proposer. The Evaluation Committee will first review and screen all proposals submitted, except for the cost proposals, according to the minimum qualifications set forth above. The following criteria will be used in reviewing and comparing the proposals and in determining the highest scoring bid: 1. 40% Qualifications, background and prior experience of the firm in the Service Area(s) being proposed, experience of key staff assigned to oversee services provided to Vernon, evaluation of size and scope of similar work performed and success on that work. 2. 30% Cost and fees to the City for handling matters. Cost is not the sole determining factor but will be taken into consideration. Proposer must offer services at a rate comparable to the rate proposer offers to other 363 City of Vernon Structural Plan Check Services Request for Proposals Page 5 of 10 June 2017 governmental entities for similar work. Offering a higher rate to the City than the comparable rate is grounds for disqualification of the Proposer. If rates differ for different types or levels of service, or for different Service Areas, the Proposer should so state. 3. 10% Responsiveness to the RFP, and quality and responsiveness of the proposal. 4. 20% References including past performance of proposer. 5. FORMAT AND DELIVERY OF RESPONSE Respondents are asked to submit one (1) unbound original, four (4) bound copies and one (1) electronic copy (via email to azarate@ci.vernon.ca.us) of their proposals in sufficient detail to allow for a thorough evaluation and comparative analysis. The proposal should include, at a minimum, the following information in sectionalized format addressing all phases of the work in the RFP. A. Format: Limit your proposal to 20 typed 8.5” X 11” pages, or fewer, on white bond paper of at least 20-pound weight single sided (excluding cover letter and attachments. You may attach a firm brochure if you wish, but it must be as a separate attachment and independent from the required elements noted above. 1. Use a conventional typeface with a minimum font size of 12 points. Use a 1” margin on all boarders. 2. Organize your submittal in the order described above. 3. Prominently label the package: “Structural Plan Check Services RFP” and include the name of the primary contact for the respondent. Deliver the response to: City of Vernon Attention: Daniel Wall, Public Works Director 4305 Santa Fe Avenue Vernon, CA 90058 4. Responses are due on or before 5:00 p.m. on September 4, 2018. Late response will not be accepted. 5. If you have any questions about this RFP, please contact Anthony Zarate, Administrative Analyst at (323) 583-8811 ext. 221. Please note that any questions asked and any response provided by Vernon will be sent to every person who will be submitting a proposal, to the extent the City is aware of them. B. Cover Letter: All proposals shall include a cover letter which states that the proposal shall remain valid for a period of not less than ninety (90) days from the date of submittal. If the proposal contemplates the use of sub-contractors, the sub- contractors shall be identified in the cover letter. If the proposal is submitted by a business entity, the cover letter shall be signed by an officer authorized to 364 City of Vernon Structural Plan Check Services Request for Proposals Page 6 of 10 June 2017 contractually bind the business entity. With respect to the business entity, the cover letter shall also include: the identification of the business entity, including the name, address and telephone number of the business entity; and the name, title, address and telephone number of a contact person during the proposal evaluation period. C. Introduction: Present an introduction of the proposal and your understanding of the assignment and significant steps, methods and procedures to be employed by the proposer to ensure quality deliverables that can be delivered within the required time frames and your identified budget. D. General Scope of Work: Briefly summarize the scope of work as the proposer perceives or envisions it for each Service Area proposed. E. Work Plan: Present concepts for conducting the work plan and interrelationship of all projects. Define the scope of each task including the depth and scope of analysis or research proposed. F. Fees and costs: Although an important aspect of consideration, the financial cost estimate will not be the sole justification for consideration. Negotiations may or may not be conducted with the proposer; therefore, the proposal submitted should contain the proposer’s most favorable terms and conditions, since selection and award may be made without discussion with any firm. All prices should reflect “not to exceed” amounts per item. Proposer must offer services at a rate comparable to the rate proposer offers to other governmental entities for similar work. Offering a higher rate to the City than the comparable rate is grounds for disqualification of the Proposer. G. Ability of the Proposer to Perform: Provide a detailed description of the proposer and his/her/its qualifications, including names, titles, detailed professional resumes and past experience in similar work efforts/products of key personnel who will be working on the assignment. Provide a list of specific related work projects that have been completed by the proposer which are directly related to the assignment described in this RFP. Note the specific individuals who completed such project(s). Identify role and responsibility of each member of the project team. Include the amount of time key personnel will be involved in the respective portions of the assignment. Respondents are encouraged to supply relevant examples of their professional product. Provide a list of references. The selected firm shall not subcontract any work under the RFP nor assign any work without the prior written consent of the City. H. Affidavit of Non-Collusion. Proposer must submit a completed and signed, “Affidavit of Non-Collusion.” (Copy attached as Exhibit A). 7. ADDENDA, CHANGES, AND AMENDMENTS TO THIS SOLICITATION At any time prior to the due date for responses, the City may make changes, amendments, and addenda to this solicitation, including changing the date due to allow respondents time to address such changes. Addenda, changes, and amendments, if made, will be posted on the City’s website (www.cityofvernon.org), which is deemed adequate notice. A 365 City of Vernon Structural Plan Check Services Request for Proposals Page 7 of 10 June 2017 proposer may make a request to the City’s project coordinator to be placed on a list of persons to receive notice of any such addenda, changes, or amendments. The preferred manner of communications is via e-mail due to its timeliness. 8. CONDITIONS FOR RESPONSES TO RFP The following conditions apply to this RFP process: A. Nothing contained in this RFP shall create any contractual relationship between the respondent and the City. B. This RFP does not obligate the City to establish a list of service providers qualified as prime contractors, or award a contract to any respondent. The City reserves the right to amend or cancel this RFP without prior notice, at any time, at its sole discretion. C. The City shall not be liable for any expenses incurred by any individual or organization in connection with this RFP. D. No conversations or agreements with any officer, agent, or employee of the City shall affect or modify any terms of this RFP. Oral communications or any written/e-mail materials provided by any person other than designated contact staff of City shall not be considered binding. E. The City reserves the right, in its sole discretion, to accept or reject any or all Proposals without prior notice and to waive any minor irregularities or defects in a Proposal. The City reserves the right to seek clarification on a Proposal with any source. F. The dates, times, and sequence of events related to this RFP shall ultimately be determined by the City. The schedule shown above is subject to change, at the sole discretion of the City, although the City will attempt to follow it and, if it must be altered, will attempt to provide reasonable notice of the changes. G. Respondents shall not issue any news release pertaining to this RFP, or the City without prior written approval of the City. H. All submitted proposals and information included therein or attached thereto shall become public record upon delivery to the City. 9. RIGHT BY THE CITY TO WITHDRAW THIS REQUEST The City may, at its sole discretion and for any reason whatsoever, withdraw this solicitation at any time. 366 City of Vernon Structural Plan Check Services Request for Proposals Page 8 of 10 June 2017 10. LIVING WAGE ORDINANCE The selected consultant shall pay qualifying employees a wage of not less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. The consultant shall also provide qualifying employees at least twelve days off per year for sick leave, vacation or personnel necessity, and an additional ten days a year of uncompensated time for sick leave. There shall be a prohibition on an employer retaliation against an employee’s complaining to the City with regard to the employer’s compliance with the living wage ordinance. Contractor, and any Subcontractor(s), shall comply with the City’s Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit “D” of the standard form contract, attached hereto as Exhibit B. Upon the City’s request, certified payroll records shall promptly be provided to the City. 11. STANDARD TERMS AND CONDITIONS Prior to the award of any work hereunder, City and proposer shall enter into the written contract for services attached hereto as Exhibit B. Proposers responding to this RFP are strongly advised to review all the terms and conditions of the Contract. The term of the Contract shall not exceed three (3) years. 367 City of Vernon Structural Plan Check Services Request for Proposals Page 9 of 10 June 2017 EXHIBIT A AFFIDAVIT OF NON-COLLUSION 368 March 2013 AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) _______________________________________________________________, being first duly sworn deposes and says that he/she is ______________________________________________________________________ (Insert "Sole Owner", "Partner", "President, "Secretary", or other proper title) of______________________________________________________________________________________ (Insert name of bidder) who submits herewith to the City of Vernon a bid/proposal; That all statements of fact in such bid/proposal are true; That such bid/proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; That such bid/proposal is genuine and not collusive or sham; That said bidder has not, directly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Vernon, or of any other bidder or anyone else interested in the proposed contract; and further That prior to the public opening and reading of bids/proposals, said bidder: a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham bid/proposal; b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid/proposal, or that anyone should refrain from bidding or withdraw his/her bid/proposal; c. Did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid/proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his/her bid/proposal price, or of that of anyone else; d. Did not, directly or indirectly, submit his/her bid/proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except the City of Vernon, or to any person or persons who have a partnership or other financial interest with said bidder in his/her business. I certify under penalty of perjury that the above information is correct By:______________________________________ Title:________________________________ Date:____________________________________ 369 City of Vernon Structural Plan Check Services Request for Proposals Page 10 of 10 June 2017 EXHIBIT B STANDARD FORM CONTRACT 370 December 2017 1 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND [CONTRACTOR’S NAME] FOR STRUCTURAL PLAN CHECKING SERVICES COVER PAGE Contractor: [insert name of contractor] Responsible Principal of Contractor: [insert name, title] Notice Information - Contractor: [insert name of contractor] [insert street address] [insert city, state, zip code] Attention: [insert name, title] Phone: [insert phone number] Facsimile: [insert fax number] Notice Information - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: [insert department head] [insert department head title] Telephone: (323) 583-8811 ext. [insert] Facsimile: [insert fax number] Commencement Date: [insert commencement date] Termination Date: [insert termination date] Consideration: Total not to exceed $[insert amount] (includes all applicable sales tax); and more particularly described in Exhibit C Records Retention Period Three (3) years, pursuant to Section 11.20 371 December 2017 2 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND [CONTRACTOR’S NAME] FOR STRUCTURAL PLAN CHECKING SERVICES This Contract is made between the City of Vernon ("City"), a California charter City and California municipal corporation (“City”), and [Contractor’s Name], a [State incorporated in] corporation (“Contractor”). The City and Contractor agree as follows: 1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the City Council on ____________, ____. 2.0 SCOPE OF SERVICES. 2.1 Contractor shall perform all work necessary to complete the services set forth in the Request for Proposals dated ___________, Exhibit “A”, and Contractor's proposal to the City ("Proposal") dated ____________, Exhibit “B”, both of which are attached to and incorporated into this Contract, by reference. 2.2 All services shall be performed to the satisfaction of City. 2.3 All services shall be performed in a competent, professional, and satisfactory manner in accordance with the prevailing industry standards for such services. 3.0 PERSONNEL. 3.1 Contractor represents that it employs, or will employ, at its own expense, all personnel required to perform the services under this Contract. 3.2 Contractor shall not subcontract any services to be performed by it under this Contract without prior written approval of City. 3.3 All of the services required hereunder will be performed by Contractor or by City-approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City. 372 December 2017 3 4.0 TERM The term of this Contract shall commence on October 1, 2018 and it shall continue until September 30, 2021 unless terminated at an earlier date pursuant to the provisions thereof. 5.0 COMPENSATION AND FEES. 5.1 Contractor has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in and around Los Angeles County for the same services. For satisfactory and timely performance of the services, the City will pay Contractor in accordance with the payment schedule set forth in Exhibit “C” attached hereto and incorporated herein by reference. 5.2 Contractor's grand total compensation for the entire term of this Contract, shall not exceed [state amount] without the prior authorization of the City, as appropriate, and written amendment of this Contract. 5.3 Contractor shall, at its sole cost and expense, furnish all necessary and incidental labor, material, supplies, facilities, equipment, and transportation which may be required for furnishing services pursuant to this Contract. Materials shall be of the highest quality. The above Contract fee shall include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related costs and expenses. 5.4 City shall reimburse Contractor only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Contractor: 5.4.1 The actual costs of subcontractors for performance of any of the services that Contractor agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. 5.4.2 Approved reproduction charges. 373 December 2017 4 5.4.3 Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement. 5.5 Contractor shall not receive any compensation for extra work performed without the prior written authorization of City. As used herein, “extra work” means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Compensation for any authorized extra work shall be paid in accordance with the payment schedule as set forth in Exhibit “C,” if the extra work has been approved by the City. 5.6 Licenses, Permits, Fees, and Assessments. Contractor shall obtain, at Contractor’s sole cost and expense, such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for the performance of the Services by this Agreement. 6.0 PAYMENT. 6.1 As scheduled services are completed, Contractor shall submit to the City an invoice for the services completed, authorized expenses, and authorized extra work actually performed or incurred according to said schedule. 6.2 Each such invoice shall state the basis for the amount invoiced, including a detailed description of the services completed, the number of hours spent, reimbursable expenses incurred and any extra work performed. 6.3 Contractor shall also submit a progress report with each invoice that describes in reasonable detail the services and the extra work, if any, performed in the immediately preceding calendar month. 374 December 2017 5 6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment. 6.5 City will pay Contractor the amount invoiced within thirty (30) days after the City approves the invoice. 6.6 Payment of such invoices shall be payment in full for all services, authorized costs, and authorized extra work covered by that invoice. 7.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services; and will give any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's services. 8.0 COORDINATION OF SERVICES. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants, and other staff at all reasonable times. 9.0 INDEMNITY. Contractor agrees to indemnify City, its officers, elected officials, employees and agents against, and will hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “claims or liabilities”), including but not limited to professional negligence, that may be asserted or claimed by any person, firm or entity arising out of or in connection with the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the acts or omissions of Contractor hereunder, or arising from Contractor’s performance of or failure to perform any term, provision, covenant or condition of this Agreement, except to the extent such claims or liabilities arise from the gross negligence or willful misconduct of City, its officers, elected officials, agents or employees. 10.0 INSURANCE. Contractor shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Contract, including any extensions thereto. The policies shall state that they afford primary 375 December 2017 6 coverage. i. Automobile Liability with minimum limits of at least $1,000,000 combined single limit, including owned, hired, and non-owned liability coverage. ii. Contractor agrees to subrogate automobile liability resulting from performance under this agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the City under the performance of the services. iii. General Liability with minimum limits of at least $1,000,000 per occurrence and $2,000,000 aggregate written on an Insurance Services Office (ISO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis. Premises/Operations and Personal Injury coverage is required. The City of Vernon, its directors, commissioners, officers, employees, agents, and volunteers must be endorsed on the policy as additional insureds as respects liability arising out of the Contractor's performance of this Contract. (1) If Contractor employs other contractors as part of the services rendered, Contractor's Protective Coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein. (2) Contractor agrees to subrogate General Liability resulting from performance under this agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the City under 376 December 2017 7 the performance of the services. iv. Professional Errors and Omissions coverage in a sum of at least $1,000,000, where such risk is applicable. Applicable aggregates must be identified and claims history provided to determine amounts remaining under the aggregate. Contractor shall maintain such coverage for at least one (1) year after the termination of this Agreement. v. Contractor shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. In addition, Contractor shall require each subcontractor to similarly maintain workers’ compensation insurance in accordance with the laws for California for all of the subcontractor’s employees. Compliance is accomplished in one of the following manners: (1) Provide copy of permissive self-insurance certificate approved by the State of California; or (2) Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability Insurance with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Contract; or (3) Provide a "waiver" form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Contract. vi. Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice to City. vii. Insurance shall be placed with insurers with a Best's rating of no less than A-VIII. viii. Prior to commencement of performance, Contractor shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by 377 December 2017 8 City. City may require complete, certified copies of any or all policies at any time. ix. Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Contractor shall immediately notify City and cease all performance under this Contract until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against Contractor by way of set-off or recoupment from sums due to Contractor, at City's option; (b) immediately terminate this Contract and seek damages from the Contract resulting from said breach; or (c) self-insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Contractor, by way of set-off or recoupment from any sums due to Contractor. 11.0 GENERAL TERMS AND CONDITIONS. 11.1 INDEPENDENT CONTRACTOR. 11.1.1 It is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent, officer or employee of City and shall furnish such services in its own manner and method except as required by this Contract, or any applicable statute, rule, or regulation. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. City assumes no liability for Contractor’s actions and performance, nor assumes responsibility for taxes, bonds, payments, or other commitments, implied or explicit, by or for Contractor. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, subcontractors and independent contractors, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 11.1.2 Contractor acknowledges that Contractor and any subcontractors, 378 December 2017 9 agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits. 11.2 CONTRACTOR NOT AGENT. Except as the City may authorize in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise. 11.3 OWNERSHIP OF WORK. All documents and materials furnished by the City to Contractor shall remain the property of the City and shall be returned to the City upon termination of this Agreement. All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts, studies, memoranda, computation sheets, and other documents prepared by Contractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested at no additional cost to the City. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Contract. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City. 11.4 CORRECTION OF WORK. Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services furnished by Contractor shall not relieve the Contractor from the obligation to correct subsequently discovered defects, inaccuracy, or incompleteness. 11.5 RESPONSIBILITY FOR ERRORS. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to 379 December 2017 10 Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 11.6 WAIVER. The City's waiver of any term, condition, breach, or default of this Contract shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. 11.7 SUCCESSORS. This Contract shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors, and/or assigns. 11.8 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract or any rights hereunder without the prior written consent of the City and approval by the City Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Contract. No assignment shall release the original parties from their obligations or otherwise constitute a novation. 11.9 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof, including but without limitation, the Vernon Living Wage Ordinance. Violation of any law material to performance of this Contract shall entitle the City to terminate the Contract and otherwise pursue its remedies. Further, if the Contractor performs any work knowing it to be contrary to such laws, rules, and regulations Contractor shall be solely responsible for all costs arising therefrom. 11.10 ATTORNEY'S FEES. If any action at law or in equity is brought to 380 December 2017 11 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. 11.11 INTERPRETATION. 11.11.1 Applicable Law. This Contract shall be deemed a contract and shall be governed by and construed in accordance with the laws of the State of California. Contractor agrees that the State and Federal courts which sit in the State of California shall have exclusive jurisdiction over all controversies and disputes arising hereunder, and submits to the jurisdiction thereof. 11.11.2 Entire Agreement. This Contract, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation, and agreements (written or oral). 11.11.3 Written Amendment. This Contract may only be changed by written amendment signed by Contractor and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Contract shall be of no force or effect. 11.11.4 Severability. If any provision in this Contract is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Contract, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Contract. 11.11.5 Order of Precedence. In case of conflict between the terms of this Contract and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Contract shall strictly prevail. The terms of the City’s Request for Proposals shall control over the Contractor’s Proposal. 381 December 2017 12 11.11.6 Duplicate Originals. There shall be two (2) fully signed copies of this Contract, each of which shall be deemed an original. 11.11.7 Construction. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 11.12 TIME OF ESSENCE. Time is strictly of the essence of this contract and each and every covenant, term, and provision hereof. 11.13 AUTHORITY OF CONTRACTOR. The Contractor hereby represents and warrants to the City that the Contractor has the right, power, legal capacity, and authority to enter into and perform its obligations under this Contract, and its execution of this Contract has been duly authorized. 11.14 ARBITRATION OF DISPUTES. Any dispute for under $25,000 arising out of or relating to the negotiation, construction, performance, non-performance, breach, or any other aspect of this Contract, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery. 11.15 NOTICES. Any notice or demand to be given by one party to the other must be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice. 382 December 2017 13 If to the City: City of Vernon Attention: Daniel Wall Public Works Director 4305 Santa Fe Avenue Vernon, CA 90058 If to the Contractor: Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt, or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. 11.16 NO THIRD PARTY RIGHTS. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right or remedy in, under, or to this Agreement. 11.17 TERMINATION FOR CONVENIENCE (Without Cause). City may terminate this Contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written notice to Contractor. If the Contract is thus terminated by City for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause. 11.18 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Contract by written notice to 383 December 2017 14 the defaulting party. The notice shall specify the basis for the default. The Contract shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. In case of default by Contractor, the City reserves the right to procure the goods or services from other sources and to hold the Contractor responsible for any excess costs occasioned to the City thereby. Contractor shall not be held accountable for additional costs incurred due to delay or default as a result of Force Majeure. Contractor must notify the City immediately upon knowing that non-performance or delay will apply to this Contract as a result of Force Majeure. At that time Contractor is to submit in writing a Recovery Plan for this Contract. If the Recovery Plan is not acceptable to the City or not received within 10 days of the necessary notification of Force Majeure default, then the city may cancel this order in its entirety at no cost to the City, owing only for goods and services completed to that point. 11.19 TERMINATION FOR CAUSE. Termination for cause shall relieve the terminating party of further liability or responsibility under this Contract, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. If this Agreement is terminated as provided herein, City may require, at no additional cost to City, that Contractor provide all finished or unfinished documents, data, and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 11.19.1 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 11.20 MAINTENANCE AND INSPECTION OF RECORDS. 384 December 2017 15 The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. The Contractor shall maintain and preserve all such records for a period of at least three (3) years after termination of the Contract. The Contractor shall maintain all such records in the City of Vernon. If not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals, and overhead. 11.21 CONFLICT. Contractor hereby represents, warrants, and certifies that no member, officer, or employee of the Contractor is a director, officer, or employee of the City of Vernon, or a member of any of its boards, commissions, or committees, except to the extent permitted by law. 11.22 HEADINGS. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 11.23 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in 385 December 2017 16 excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1½ times the basic rate of pay. 11.24 LIVING WAGES Contractor, and any Subcontractor(s), shall comply with the City’s Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit “D”. Upon the City’s request, certified payroll records shall promptly be provided to the City. 11.25 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit “E”. [Signatures Begin on Next Page]. 386 December 2017 17 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the Commencement Date stated on the cover page. City of Vernon, a California charter City and California municipal corporation By: ____________________________ Carlos R. Fandino, Jr., City Administrator [CONTRACTOR’S NAME, a [State incorporated in] corporation By: Name: Title: ATTEST: _______________________________ Maria E. Ayala, City Clerk By: Name: Title: APPROVED AS TO FORM: _______________________________ Hema Patel, City Attorney 387 December 2017 18 EXHIBIT A REQUEST FOR PROPOSALS 388 December 2017 19 EXHIBIT B PROPOSAL 389 December 2017 20 EXHIBIT C SCHEDULE 390 December 2017 21 EXHIBIT D LIVING WAGE PROVISIONS Minimum Living Wages: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. Paid and Unpaid Days Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer’s compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney’s fees, or to compel City officials to terminate the service contract of violating employers. 391 December 2017 22 EXHIBIT E EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. 392 19 EXHIBIT B PROPOSAL 393 September 4, 2018 City of Vernon Attention: Daniel Wall, Public Works Director 4305 Santa Fe Avenue Vernon, CA 90058 Subject: Proposal for Structural Plan Check Services Dear Mr. Wall: Willdan Engineering is pleased to present this proposal to the City of Vernon to provide Building and Safety structural plan check services, and as-needed disaster inspection services, to the City. Willdan has been a consistent industry leader for 56 years providing all aspects of municipal and infrastructure engineering, building and safety, public works, public financing, planning, code enforcement and construction management services. While our exceptional services are presented in the proposal, listed below are reasons why Willdan is uniquely qualified to provide these services to the City of Vernon. ▪ Knowledge of the City of Vernon – Willdan currently provides code enforcement services to the City. Our staff has extensive experience working with the City’s procedures and expectations for quality service to the community. ▪ Experience with Comparable Engagements – Willdan Engineering specializes in providing professional building and safety, engineering, and planning services to municipalities. Our firm has been providing building and safety services, including structural plan review, to cities and counties on a contract basis since 1979. ▪ Demonstrated Competence and Expertise – Willdan Engineering presently provides building and safety services to a vast number of jurisdictions throughout California. In this capacity, we provide a full range of services including Building Official services, building and safety plan review, permit issuance, inspection and code enforcement. We service client needs from an occasional plan review to staffing entire Building Departments. ▪ Public Sector Experience: Our staff - many of whom have experience as former public agency staff and management - understands the uniqueness of public agency needs and issues. They have served as building officials, city engineers, planning directors, traffic engineers, and public agency staff members for numerous cities and counties. The diversity of this experience is an added value of our services. 394 Page Two September 4, 2018 ▪ No Subconsultants – Willdan Engineering will provide all requested Building and Safety services with Willdan staff. No subconsultants will be used. Our approach to each assignment is to furnish the client with technical assistance and strong project management in a professional, efficient and economical manner. Mr. James M. Guerra, CBO, will serve as the Project Manager and will oversee all services provided to the City. Please feel free to contact me should you have any questions or require additional information. This proposal shall remain valid for a period of not less than ninety (90) days from the date of submittal. Respectfully submitted, WILLDAN ENGINEERING James M. Guerra, CBO Director of Building and Safety 13191 Crossroads Parkway North, Suite 405 Industry, CA 91746 jguerra@willdan.com 562.364.8499 395 City of Vernon City of Vernon Building & Safety Services Table of Contents Introduction ............................................................................................................................................ 1 Scope of Services/Work Plan .................................................................................................................. 4 Fees .......................................................................................................................................................... 6 Ability to Perform .................................................................................................................................... 7 Personnel ............................................................................................................................................... 7 Related Experience ................................................................................................................................ 8 References ........................................................................................................................................... 13 Appendix ................................................................................................................................................... ▪ Affidavit of Non-Collusion ▪ Resumes 396 City of Vernon City of Vernon Building & Safety Services P a g e | 1 Introduction Firm Information Willdan, founded in 1964, is a leading nationwide provider of professional consulting and technical services. The primary markets Willdan serves are: electric energy consulting; infrastructure planning and engineering; economic and financial consulting; and homeland security consulting. The company serves these four complementary markets through its divisions – energy efficiency services (Willdan Energy Solutions), engineering services (Willdan Engineering), public finance services (Willdan Financial Services) and homeland security services (Willdan Homeland Solutions). Willdan has a reputation for delivering high-quality projects on time and within budget. Rooted in Willdan’s corporate culture is its focus on quality customer service. The company has more than 850 employees, including licensed engineers, program and construction managers, financial analysts, planners, and other skilled professionals. Willdan benefits from well-established relationships with local and state government agencies, investor-owned and municipal utilities, and private sector commercial and industrial firms throughout the United States. The company served approximately 900 distinct clients in 2016. Headquartered in Anaheim, the company operates a network of offices in more than a dozen states across the U.S. Willdan Engineering Willdan Engineering (Willdan), a California Corporation and subsidiary of WGI, specializes in solutions tailored to the unique needs of municipalities and other local government agencies. Services range from full-time, in-house staffing to interim or part- time assistance on a project-by-project basis. Willdan’s understanding of public agency needs and issues is unique in the industry. In addition to the significant portion of our staff that have served in public agency management positions prior to joining Willdan, we have had numerous assignments with over 60% of the cities and counties in California for building officials, city engineers, planning directors, traffic engineers, and other public agency staff members. With our depth of experience, expertise, knowledge and resources, Willdan is able to offer practical solutions that are timely, cost effective, and that meet the needs of individual communities. The diversity of our staff experience is an added value of our professional services. WILLDAN ENGINEERING SERVICES ▪Building and Safety ▪City Engineering ▪Capital Program Management ▪Construction Management/Inspection ▪Development Services/Plan Review ▪Environmental/Planning ▪Flood Control Design ▪Landscape Architecture ▪Pavement Management ▪Structural Engineering ▪Survey/Mapping ▪Traffic Engineering ▪Transportation Engineering ▪Water/Wastewater Investment Highlights ▪ More than 50-year history of relationships with public agencies and utilities ▪ Strong competitive position with compelling outsource model ▪ Diversified platform reduces risk ▪ Experienced leadership with extensive industry experience ▪ 51% revenue growth in 2017 397 City of Vernon City of Vernon Building & Safety Services P a g e | 2 Since 1964, Willdan Engineering has helped revolutionize the way consulting services are provided by local offices. Our regional and satellite offices are strategically located to offer local, focused service to the varied demographics of our public agency customers. Willdan Engineering’s lean organization enables staff to efficiently communicate individual project challenges and goals company-wide, thereby utilizing all of Willdan Engineering’s resources to deliver the highest quality and most cost-effective product. BUILDING AND SAFETY SERVICES Willdan’s experience and strength in building and safety encompasses the complete range of technical disciplines, including permit issuance, building inspection, grading inspection, accessibility inspection, CASp services, OSHPD III plan check and inspection, flood zone experience, building plan review, and fire-life safety. The plan review staff maintain current certifications and attend training on a regular basis, to stay current with industry technologies and standards. Specific certifications and education are delineated in staff resumes herein. This, with our depth of experience, expertise, knowledge and resources, Willdan can offer practical solutions that are timely and cost effective, and that will meet the needs of the City of Vernon. The diversity of Willdan’s staffs’ experience is an added value of our professional services to our clients. Willdan Engineering provides no private sector engineering services; therefore, there is no conflict of interest. Understanding of Assignment It is our understanding that the City of Vernon is in need of a qualified consulting firm to provide structural plan review services. Willdan is sensitive to the unique aspects of code enforcement within jurisdictions with substantial quantities of buildings built prior to the 1930’s, as well as those constructed in the 1940’s and 50’s up to modern day construction. We strive to provide reasonable solutions for the enforcement of City’s adopted codes, promoting sustainability while providing reasonable levels of accommodations for persons with disabilities. We also are sensitive to providing cost-effective approaches to historic building preservation, while providing a reasonable level of safety for the occupants or users. Our proposed staff is well versed with the California Building Code, FEMA 310, GSREB regulations and the local building authority. We understand the needs of the City as we have provided similar services to numerous municipalities in the southern California area. Building and Safety Services ▪Building & Safety Inspection ▪Grading and Right-of-Way Inspection ▪Plan Check ▪Permit Technician ▪Construction Management ▪Code Enforcement ▪Building Official ▪Disaster Recovery Services ▪Development Permitting Process Willdan’s business model is centered on the public sector. We can function as part of the City of Vernon’s team without a conflict of interest. 398 City of Vernon City of Vernon Building & Safety Services P a g e | 3 Customer Service/Quality Control When it comes to serving the residents of the City of Vernon community, Willdan sees our role as that of facilitator and guide—helping the City’s customers in getting through the review, permitting, and inspection process—rather than leaving the applicant in a bind in obtaining permits due to plan check delays. We understand that the process of complying with the various codes, standards, regulations and laws which can be a formidable and daunting undertaking—for even the most seasoned design or construction professional. Furthermore, an understanding of the complexity associated with processing private development applications and the sometimes-competing interests is essential to exceptional customer service. Competing interests include, but are not limited to, creating a sense of place, achieving economic development objectives, ease of maintenance, and assuring the City will be as satisfied with the infrastructure on day one as 20 years from “day one.” Common sense decision making and technical analysis in interpreting the intent of regulatory guidelines are significant strengths Willdan staff brings to the Building and Safety Divisions in which we serve. As noted in your RFP for structural plan check services, Willdan’s plan check staff can meet with City staff, architects, developers and home-owners prior to plan resubmittal as needed, to discuss any issues arising from first review comments and to address code compliance concerns or questions. These meetings help to expedite plan review rechecks and move toward timely plan approvals. To assure unsurpassed customer service, Willdan has established procedures to assure all plan reviews are conducted timely and within budget for each submittal received from our clients. Specifically, our plan review process starts with the delivery of your plans to our nearby office. The plans are received by our permit administrative staff and are immediately entered into our IDT plan check database where they are assigned to a licensed design professional. Our licensed engineer then begins the initial review process which takes 10 business days or less. To assure the plans are reviewed timely, Willdan employs a Plan Review Coordinator who is responsible for monitoring the schedule, delivery and completion of all plan checks. Once the review process is complete, the plans are scheduled for expedited deliver back to the City. If corrections are required, we repeat the process; but all subsequent reviews are performed in 3 to 5 business days. It should be noted that Willdan performs expedited plan check whether through our electronic plan check system or whether submitted via actual engineered plans. Expedited plan checks receive priority and can be processed with a reasonable deadline established by the City. Willdan plan review project completion times are often the quickest in the industry. We are able to achieve this through retaining one of the largest teams in the region and by employing a team of part- time personnel in the event of increased plan review activity. In addition, we have multiple offices nearby (Anaheim, San Bernardino, and Ventura) with licensed plan check staff to handle fluctuations in review activity. Willdan hires competent staff, provides them with the necessary tools for success and regular training on industry requirements/standards. Plan reviews are always handled by licensed engineers or under the supervision of licensed design professionals. It is the aforementioned policies and procedures in regard to structural plan check that provide Willdan with an advantage over our competition. 399 City of Vernon City of Vernon Building & Safety Services P a g e | 4 Scope of Work/Work Plan Willdan Engineering presently provides Building and Safety services to a number of municipalities and jurisdictions throughout Central, Northern and Southern California. In this capacity, we provide a full range of services including plan review, permit issuance, inspection, code enforcement, counter technician and Building Official services. We service client needs from an occasional overload plan review to staffing an entire Building Division. Willdan has gained a great deal of municipal insight and expertise in serving our extensive clientele over the years. We have performed plan review and inspection on projects ranging from single family residential additions to complex high rise towers (including hotels and casinos), parking structures, medical facilities and industrial centers. Willdan's plans examiners are ICC certified plans examiners, CASp certified, licensed architects, and/or registered engineers. Willdan’s experience and strength in building and safety encompasses the complete range of technical disciplines, that is, structural engineering plan check, fire-life safety, electrical, plumbing and mechanical codes, the Title 24 codes, as well as local amendments to the adopted codes. We have extensive experience with the California Green Building Standards Code. Willdan staff attends classes and seminars on a regular basis to maintain an up-to-date comprehension of all code requirements at no expense to our clients. All building plans will be examined for compliance with the City’s adopted version of the California Building Code, California Residential Code, FEMA 310, LABC, GSREB and all applicable City Ordinances. All plan check will include compliance with code requirements as well as an overview of the application package for other applicable requirements such as approvals from other local agencies and districts and coordination with other City departments. All plan review will comply with the City’s directives, codes and policies. Willdan will provide two complete typewritten plan check letters which outline the documents reviewed, instructions to the applicant regarding the processing of documents, and a listing of plan check comments. The plan check comments will refer to appropriate sheets, details or calculation pages and the code section of concern. Comments shall specify the apparent code violation. Plans and correction letters will be returned to the City. Willdan staff will provide delivery service at no additional cost to the City. We will supply the City with plan bags and shipping labels as well as Willdan’s FedEx and OnTrac account numbers. Plan review status can be accessed 24 hours a day by going to our website, Willdan.com, Building and Safety page (http://willdan.com/engineering/building.aspx) and entering either the plan check/permit number, or the project site address. This service is provided for applicants, designers, engineers, and City staff. 400 City of Vernon City of Vernon Building & Safety Services P a g e | 5 Our plan checkers will schedule meetings during work hours to discuss and clarify plan check issues with designers, owners and contractors. Resolutions of code issues may also be accomplished by telephone and/or email as well as scheduled meetings prior to resubmitting corrected plans and documents. We will respond to inquiries from applicants within one day. Disaster Recovery Willdan is ready to assist with recovery from natural and man-made disasters. We have been the go-to firm to help jurisdictions recover from firestorms, floods, earthquakes and mudslides, including the cities of Malibu (Fire), Santa Monica (Earthquake), and Simi Valley (Earthquake). Our staff will be available to assist the City during an emergency or natural disaster. Electronic Plan Review Willdan has the ability to provide plan review services electronically, at no additional cost to the City or applicants. No additional computer software or hardware is required, only an Internet connection is necessary. Services are provided at the request of the applicant or the agency we serve. Submittals are accepted in PDF format. Willdan will review plans and can transmit the electronic redlined plans back to the applicant or designer as directed, electronically along with the plan review comment sheet. This service allows for collaboration between the City, designer and plans examiner to facilitate a complete understanding of plan review comments and can reduce shipping, printing and time for plan review processing for the applicant. Below is an example of a redlined plan as reviewed in electronic format. 1.Plans are submitted to the City for review and permit issuance. 2.At the City’s discretion, plans are submitted electronically to Willdan’s EPR site for review. 3.Once review is completed, comments and redlines will be available for examination by applicant and City staff. 4.Applicant responds to comments and uploads revised sheets to Willdan’s EPR site for recheck. 5.Willdan staff approves plan electronically and requests wet-signed and stamped hard copies be submitted to Willdan for final approval stamping. 6.Approved plans are returned to the City. PROCEDURE 401 City of Vernon City of Vernon Building & Safety Services P a g e | 6 Fees and Costs Structural plan review will be provided to the City for either a time-and-material hourly rate, or as a percent of the fee collected by the City as delineated below. All pricing listed below reflect not-to- exceed fees and are comparable to other jurisdictions we currently provide service to as required by the RFP. SERVICE PROVIDED FEE Hourly Plan Review $130/hr Percent of Fee Collected Plan Review 45% Inspection/Disaster Recovery Assistance $100/hr 402 City of Vernon City of Vernon Building & Safety Services P a g e | 7 Ability to Perform Personnel Willdan has the depth of resources to staff this assignment with experienced, qualified personnel. Our team is structured so that the most experienced personnel are responsible for providing technical leadership, day-to-day monitoring of task schedules, and quality control. All staff listed below were involved in the projects included in our proposal and will be involved in the delivery of services to the City of Vernon. Mr. James Guerra, CBO, will serve as Project Manager overseeing all services provided to the City. Resumes are located in the appendix herein. Name/Title/Project Involvement Registrations/Certifications Service Provided James Guerra, CBO Director/Project Manager 100% ▪ ICC Building Official Project Manager Patrick Johnson, PE, CBO Deputy Director 100% ▪ Civil Engineer, California No. CE#67960 ▪ Civil Engineer, Arizona No. 50435 ▪ Civil Engineer, Colorado No. 43704 ▪ ICC Plans Examiner ▪ ICC Building Inspector ▪ ICC Building Official Building plan review: Structural, architectural, green building, plumbing, mechanical, electrical, energy, green building, accessibility, residential, and commercial Daren Raskin, PE Supervising Plan Check Engineer 100% ▪ California Professional Engineer, CE#57577 ▪ ICC Plans Examiner Building plan review: Structural, architectural, green building, plumbing, mechanical, electrical, energy, green building, accessibility, residential, and commercial. Carl Wilson, PE Plan Check Engineer 100% ▪ California Professional Engineer, CE#32340 ▪ ICC Plans Examiner Building plan review: Structural, architectural, green building, plumbing, mechanical, electrical, grading, energy, green building, accessibility. Aaron Cowen, PE Plan Check Engineer 100% ▪ California Professional Engineer, CE#58878 ▪ ICC Plans Examiner Building plan review: Structural, architectural, green building, plumbing, mechanical, electrical, energy, green building, accessibility, residential, and commercial. Arthur Perez, PE Plan Check Engineer 100% ▪ California Professional Engineer, CE#32056 Building plan review: Structural, architectural, green building, plumbing, mechanical, electrical, grading, energy, green building, accessibility. Ricardo Guzman, SE, PE Plan Check Engineer 100% ▪ Structural Engineer, SE#1833 ▪ California Professional Engineer, EC#21238 Building plan review: Structural, architectural, green building, plumbing, mechanical, electrical, grading, energy, green building, accessibility. 403 City of Vernon City of Vernon Building & Safety Services P a g e | 8 Turn-Around Schedule This schedule is applicable for all types of construction and can be adjusted to serve the in the most efficient manner. Expedited plan check will be provided at the request of the City. TYPE OF PROJECT INITIAL REVIEW SUBSEQUENT REVIEWS All Commercial/Residential Plan Check 10 working days 5 working days Minor Plan Check 5 – 8 working days 3 – 5 working days Related Experience The following is a list of contracts we have been awarded during the last five years for Building and Safety Services similar to services requested. CLIENT CONTACT INFORMATION DATES OF SERVICES AMOUNT City of Azusa, CA Community Development Director 626.812.5236 2012 – Present Open contract City of Alturas, CA Chief Building Inspector 530.233.6403 2011 – 2013 $10,000 City of Adelanto, CA City Manager 760.246.2300 2017 – Present Open contract City of Bakersfield, CA Chief Building Official 661.326.3720 2012 – Present Open contract City of Beaumont Chief Building Official 951.769.8529 2011 – Present Open contract City of Big Bear Lake, CA Community Development Director 909.866.5831 2011 – Present Open contract City of Blythe, CA Chief Building Inspector 760.922.6130 2013 – 2014 $20,000 City of Calexico, CA Chief Building Official 760.768.2110 2013 – Present Open contract City of Carmel, CA Community Development Director 831.620.0222 2016 – Present Open contract City of Chandler, AZ City Manager 480.782.2350 2011 – Present Open Contract City of Chino, CA City Building Official 909.334.3250 2014 – Present Open contract City of Coachella, CA Development Services Dir 760.398.3102 2017 – Present Open contract City of Coalinga, CA Building Inspector 559.935.1533 2007 – Present Open contract City of Colton, CA City Building Official 909.370.5079 2003 – Present $300,000 City of Colusa, CA City Manager 458-5890 2013 – Present Open contract Open contract 404 City of Vernon City of Vernon Building & Safety Services P a g e | 9 City of Cudahy, CA Chief Building Inspector 323.773.5143 2012 – Present CSU Monterey Bay Facilities Department 831.582.3000 2011 – Present Open contract CSU San Jose Facilities Department 408.924.5980 2013 – Present Open contract CSU Sonoma Facilities Department 707.664.2947 2010 – Present Open contract CSU Sacramento Facilities Department 916.278.6296 2011 – Present Open contract CSU Fresno Facilities Department 209.278.2457 2013 – Present Open contract City of Eloy, AZ Chief Building Official 520.466.2578 2013 – Present Open contract City of Fontana, CA Chief Building Official 909.350.7640 2013 – Present Open contract City of Folsom, CA Chief Building Official 916.355.7200 2010 – Present Open contract Town of Florence, AZ Community Development 520.868.7575 2010 – Present Open contract County of Fresno, CA Building & Safety Department 559.600.4078 2006 – Present Open contract City of Garden Grove, CA City Manager 714.741.5000 2011 – Present Open contract City of Glendale, AZ Building Safety Manager 623.930.2800 2014 – Present Open contract City of Goleta, CA City Manager 805.961.7552 2011 – Present Open contract City of Grand Terrace, CA Community Development Director 909.825.3825 2013 – Present Open contract County of Glenn, CA Building Department 530.934.6546 2010 – Present Open contract City of Highland, CA Chief Building Official 909.864.6861 2012 – Present Open contract City of Hawthorne, CA Dir. of Building & Safety 310.349.2990 2013 – Present Open contract City of Irvine, CA Chief Building Official 949.724.7425 2014 – Present Open contract City of La Canada Flintridge, CA City Manager 818.790.8880 2012 – 2014 $5,600 City of Long Beach, CA Chief Building Official 562.570.6555 2014 – Present Open contract County of Los Angeles, CA 213.974.1311 2013 – Present Open contract City of Loma Linda, CA Community Development Director 909.799.2800 2013 – Present Open contract City of Lake Elsinore, CA Chief Building Official 951.674.3124 2011 – 2014 $15,000 405 City of Vernon City of Vernon Building & Safety Services P a g e | 10 City of Lathrop, CA City Manager 209.858.5551 2009 – 2013 $25,000 City of La Puente, CA Community Development Director 626.855.1500 2010 – Present Open contract County of Lassen, CA Chief Planner 530.251.8269 2012 – Present Open contract City of Montclair, CA Chief Building Official 909.626.8571 2010 – 2014 $10,000 City of Moreno Valley, CA Chief Building Official 951.413.3000 2013 – Present Open contract County of Mohave, AZ County Administrator 928.757.0910 2012 – Present Open contract City of Maywood, CA Chief Building Inspector 323.562.5723 2011 – Present Open contract March Joint Power Authority, Riverside, CA Planning Director 951.656.7000 2013 – Present Open contract Morongo Band of Mission Indians, CA Construction Director 951.849.4697 2012 – Present Open contract City of Norco, CA Chief Building Official 951.735.3900 2013 – Present Open contract City of Norwalk, CA Chief Building Official 562.929.5944 2013 – Present Open contract City of Orange, CA Chief Building Official 714.744.2230 2011 – Present Open contract County of Orange, CA Manager, Land Development 714.667.8852 2010 – Present Open contract City of Oroville, CA Chief Building Official 530.538.2401 2013 – 2014 $58,000 City of Palm Desert Chief Building Official 760.346.0611 2009 – Present Open contract City of Peoria, AZ Dir. Economic Development 623.773.7000 2012 – Present Open contract County of Placer, CA Community Development 530.745.3000 2012 – Present Open contract City of Phoenix, AZ Dir. Community Development 602.262.6011 2011 – Present Open contract City of Redlands, CA Chief Building Official 909.798.7536 2012 – 2014 $10,000 City of Rialto, CA Dir. Development Services 909.820.2505 2011 – Present Open contract 406 City of Vernon City of Vernon Building & Safety Services P a g e | 11 City of Ridgecrest, CA Dir. Development Services 760.499.5072 2017 – Present Open contract City of Riverside, CA Chief Building Official 951.826.5697 2016 – Present Open contract County of Riverside, CA Dir. of Building & Safety 951.955.1000 2013 – Present Open contract City of Rolling Hills, CA City Manager 310.377.1521 2012 – Present Open contract City of Rolling Hills Estates, CA Dir of Planning 310.377.1577 1989 – Present Open contract City of Roseville, CA Development Services 916.774.5200 2011 – Present Open contract City of Rocklin, CA Sr. Building Inspector 916.625.5000 2014 – Present Open contract City of San Bernardino, CA Community Development 909.384.5057 2013 – Present Open contract County of San Bernardino, CA Chief Building Official 909.891.3900 2013 – Present Open contract City of San Luis Obispo, CA Chief Building Official 805.781.7100 2013 – Present Open contract City of Sanger, CA Chief Building Official 559.876.6300 2013 – Present Open contract City of Scotts Valley, CA Community Development Director 831.440.5600 2012 – 2015 Open contract City of Sierra Madre, CA Community Development Director 626.355.7135 1992 – Present Open contract Soboba Tribe Chad Delgado 951.665.1000 2017 – Present Open contract City of South Lake Tahoe, CA Chief Building Official 530.542.6072 2014 – Present Open contract City of Woodlake, CA City Administrator 559.564.8055 2012 – Present Open contract City of Woodland, CA Community Development 530.661.2000 2013 - Present Open contract City of Winters, CA Community Development 530.795.4910 2013 - Present Open contract City of Yuba, CA Chief Building Official 530.822.4629 2010 – Present Open contract 407 City of Vernon City of Vernon Building & Safety Services P a g e | 12 City of Avondale, AZ Building Official 623.333.4027 2012 – Present Open contract City of Buckeye, AZ Development Services 916.774.5200 2017 – Present Open contract City of Goodyear, AZ Building Official 623.882.7934 2014 – Present Open contract La Paz County, AZ Community Development Administrator 928.669.6138 2011 – Present Open contract Town of Oro Valley Permitting Manager 520.229.4808 2015 – Present Open contract Fort McDowell Yavapai Nation, AZ Purchasing Agent 805.781.7100 2017 – Present Open contract Fort Mohave Indian Tribe, AZ Administrator 928.346.1802 2017 – Present Open contract Town of Fountain Hills (N-Shea Devel), AZ Community Development Director 480.816.5138 2016 – Present Open contract Town of Parker, AZ Town Clerk 928.669.9265 2014 – Present Open contract Pascua Yaqui Indian Tribe, AZ Chief Building Official 530.542.6072 2017 – Present Open contract Pinal County, AZ Building Official 520.866.6343 2017 – Present Open contract City of Show Low, AZ Building Official 928.532.4042 2017 - Present Open contract City of Surprise, AZ Assistant Director 623.222.3230 2017 - Present Open contract State of Nevada, NV Public Works Administrator 702.486.4300 2015 – Present Open contract City of Tempe, AZ Plan Review Manager 480.350.8071 2007 - Present Open contract Town of Tusayan, AZ Town Manager 928.638.9909 2010 - Present Open contract Town of Wickenburg, AZ Community Development Director 928.668.0512 2014 – Present Open contract 408 City of Vernon City of Vernon Building & Safety Services P a g e | 13 References CLIENT NAME PROJECT DESCRIPTION PROJECT DATES CONTACT CITY OF GOLETA Building Official services, plan check and inspection services. Building permit counter services. 2002 - Present Peter Imhof Planning and Environmental Services Director 130 Cremona Drive Goleta, CA 93117 805.961.7550 CITY OF SIERRA MADRE Building Official services, plan check and inspection services. 1992 - Present Vincent Gonzalez Director/Planning and Community Preservation 232 E Sierra Madre Boulevard Sierra Madre, CA 91024 626.355.7135 CITY OF LA PUENTE Building Official services, plan check and inspection services. Building permit counter services. 2010 – Present David Carmany City Manager 15900 E. Main Street La Puente, CA 91744 626.855.1500 CITY OF ROLLING HILLS ESTATES Building Official services, plan check and inspection for targeted areas within the City. 1980 - Present David Wahba Community Development Director 4045 Pals Verdes Drive North Rolling Hills Estates, CA 90274 310.377.1577 409 City of Vernon City of Vernon Building & Safety Services Appendix ▪ Affidavit of Non-Collusion ▪ Resumes 410 City of Vernon City of Vernon Building & Safety Services 411 City of Vernon City of Vernon Building & Safety Services JAMES M. GUERRA, CBO Director of Building and Safety Mr. James M. Guerra, as Director for Building and Safety Services company wide for Willdan Engineering, supervises field building inspection, plan review, public counter, and construction management operations. His responsibilities encompass all new construction, inspection duties, abatement of substandard property, redevelopment projects, and Community Development Block Grant funded projects. Primarily, Mr. Guerra is responsible for establishing and maintaining Willdan’s contract building departments. He has been a member of the Willdan team since 1979 and is currently assigned as the Building Official for the Cities of Cudahy, Goleta, La Puente, and Sierra Madre. Additionally, his accomplishments and responsibilities include: ▪ Project Manager – Plan review, Building Inspection and Permit Technician Services for Los Angeles County Department of Public Works ▪ Project Manager – Peppertree Lane Development Presale Inspection for Rolling Hills Estates; ▪ Chief Building Official – Metcalf Energy Center, Los Esteros Critical Energy Facility, and Otay Mesa Generating Projects; ▪ Project Manager for 40-unit housing project designated for AIDS/HIV patients for City of West Hollywood; ▪ Project Manager for lead-based paint abatement program for Section 8 Housing for the City of Santa Monica; ▪ Hearing Officer for rehabilitation appeals in the Cities of Bell Gardens and Rosemead; ▪ Disaster recovery services for the Cities of Malibu (Fire), Santa Monica (Earthquake), and Simi Valley (Earthquake); ▪ Targeted code enforcement programs for the Cities of Costa Mesa and West Hollywood; ▪ Building code consultant for the City of Malibu; ▪ Consultant to City of Seaside for Fort Ord Development Project; ▪ Interim Building Official for the Cities of Chino, Imperial Beach, Lynwood, and Santa Monica; and, ▪ Management study for the Cities of Atascadero, Imperial Beach, Richmond, San Gabriel, Simi Valley, and West Hollywood, ▪ Building Division Manager for the City of Hermosa Beach. Prior to joining the Willdan team, Mr. Guerra served 12 years with the Los Angeles City Department of Public Works Building and Safety Division as an area-wide Rehabilitation Coordinator. He was directly responsible for 13 contract city rehabilitation programs, and new construction inspection for all types of building construction and occupancies. Education B.A., Political Science California State University, Los Angeles Registrations ICC/CABO Certified Building Official No. 2961 Affiliations California Building Officials International Code Council National Fire Protection Association Experience 48 Years 412 City of Vernon City of Vernon Building & Safety Services Education University of Iowa, Iowa City, IA Bachelor and Science, Structural Engineering California State Polytechnic University-Pomona Master of Engineering Affiliations ASCE (American Society of Civil Engineers) Registrations California Professional Engineer, CE#67960 Arizona Professional Engineer, CE#50435 Colorado Professional Engineer, CE#43704 Nevada Professional Engineer, CE#20699 OIC#2738 ICC Building Official 5280450 ICC Plans Examiner, 5280450-60 ICC Building Inspector, 5280450-10 Certified Disaster Response Team Member, California Building Officials Experience 20 Years PATRICK JOHNSON, PE, CBO Deputy Director of Building and Safety Mr. Patrick Johnson, a registered Civil Engineer in California, Arizona, Nevada, and Colorado, is Deputy Director for the Building and Safety Division. Patrick has more than 20 years of experience in the construction and engineering field. He has more than ten years plan check experience with Willdan, and is responsible for structural plan review and overseeing plan review services company wide. Mr. Johnson’s primary focus has been on structural engineering of lightweight commercial, industrial, and residential structures. Since employed with Willdan, he has attended a number of code enforcement and seismic application seminars and has received his Master of Engineering degree, specializing in Structures, from California State Polytechnic University. His extensive experience includes plan checking numerous projects that vary in size and complexity. Mr. Johnson’s previous engineering experience includes the position of a Design Engineer with KLP Consulting Engineers of Centennial, Colorado. In this capacity, he specialized in the design of lightweight commercial, multi and single-family housing. At times he would be called out to the field as a forensic engineer to justify the probable cause of structural damages caused by expansive soils. Mr. Johnson also has engineering experience in the design of variety of transportation projects including single and multi-span bridges, pedestrian tunnels, retaining walls, and concrete box culverts. Other than residential and commercial timber framed structures, Mr. Johnson has plan checked several tilt up warehouse buildings that range in size up to 2.3 million square feet. He has also plan checked numerous structures consisting of braced and moment frames for lateral resistance, prestressed concrete structures, and multi-story buildings up to 6 stories in height. 413 City of Vernon City of Vernon Building & Safety Services Education California State Polytechnic University-Pomona BS Engineering Affiliations ASCE (American Society of Civil Engineers) Registrations California Professional Engineer, CE#57577 ICC Plans Examiner Experience 24 Years DAREN RASKIN, PE Supervising Plan Check Engineer Mr. Daren Raskin, a registered Civil Engineer in California, is a Plan Check Engineer for the Building and Safety Division. Daren has more than 23 years of experience in the construction and engineering field. He has more than 15 years design and plan check experience. Mr. Raskin is also experienced in the design of various multi-story structures, shopping centers, commercial buildings, parking structures, and residential units. He has organized, scheduled, and supervised staff of engineers, draftsmen, and technicians. His expertise encompasses knowledge of all major building materials including cold- formed steel, structural steel, concrete and masonry, as well as the design of specialized systems of corrugated cold-formed shear walls, concrete shear walls, masonry shear walls, structural steel moment frames, braced frames and rigid diaphragm analysis. Mr. Raskin’s previous engineering experience includes the position of Project Engineer with a southern California engineering firm. In this capacity, he performed structural design, analysis and calculations for the repair of fire damaged buildings (residential and commercial), room additions and custom homes, and ensure structural drawings met design and code requirements. 414 City of Vernon City of Vernon Building & Safety Services Education California State University- Long Beach BS Civil Engineering Registrations California Professional Engineer, CE#58878 ICC Plan Examiner Experience 23 Years AARON COWEN, PE Plan Check Engineer Mr. Aaron Cowen, a registered Civil Engineer in California, is a Plan Check Engineer for the Building and Safety Division. Aaron has more than 23 years of experience in the engineering field including design, drafting and plan check experience. Mr. Cowen’s experience includes the design of wood structures, cantilevered concrete decks, thin-wall concrete shells, retaining walls, foundation systems, and design calculations. Prior to joining Willdan, Mr. Cowen’s previous engineering experience includes the position of Senior Engineer with a Southern California engineering firm. In this capacity, he was design lead on numerous projects; provided on-site field inspections; and was responsible for the management and administration of all engineering data and information. Relevant Project Experience Mr. Cowen provides plan review services for a number or jurisdictions including, but not limited to: ▪ City of Adelanto ▪ City of Tustin ▪ City of Orange ▪ County of Orange ▪ University of California, Irvine ▪ City of Moreno Valley ▪ City of San Bernardino ▪ County of San Bernardino ▪ March Joint Powers Authority ▪ Morongo Band of Mission Indians 415 City of Vernon City of Vernon Building & Safety Services CARL WILSON, PE Plan Check Engineer As a Plan Check Engineer for Willdan, Mr. Carl L. Wilson, PE, possesses extensive structural and life safety plan checking experience. He is responsible for the complete plan checking for a variety of projects, including complex commercial, industrial, institutional, and residential. He is responsible for all plan check phases, including coordination, scheduling, rechecking, code interpretation, and communicating and meeting with applicants. Relevant Project Experience City of Rolling Hills Estates, Building Plan Check, 608 Silver Spur – Mr. Wilson was the Plan Check Engineer who provided as-needed building plan review services for the existing building. City of Maywood, Building & Safety Plan Check - Provide building and safety plan check services. Review private developments in accordance to adopted building, plumbing, mechanical, electrical, disabled access and energy codes. City of Rolling Hills Estates, Building Plan Check, 627 Deep Valley – Mr. Wilson was the Plan Check Engineer who provided building code plan review services for commercial developments on 627 Deep Valley. City of Rolling Hills – Plan Checker - Mr. Wilson is providing building plan check and grading plan check services for this assignment. County of Los Angeles Department of Public Works – Plan Check Engineer – Mr. Wilson is providing as-needed building plan check services that includes architectural, life-safety, structural, energy, disabled access, plumbing, mechanical, electrical and grading. Mr. Wilson has provided plan check services for the following types of facilities: ▪ city hall remodels; ▪ unusual retaining wall and foundation systems; ▪ fire and police station facilities; ▪ seismic upgrade of hospitals and public facilities; ▪ health care facilities; ▪ large multi-use casino/assembly occupancies ▪ large religious/church facilities; ▪ senior citizen centers and senior housing; ▪ hillside and beachfront custom homes; ▪ multi-story (hi-rise) hotel facilities; ▪ multi-story parking structures; ▪ unreinforced masonry seismic upgrade plan checking; ▪ wave uprush and coastal protective methods; ▪ and many types of low-rise wood frame structures. Education B.S, Civil Engineering, University of New Haven, Connecticut Registrations California, C32340, Civil ICC Certified Plans Examiner, 92782 Experience 35 Years 416 City of Vernon City of Vernon Building & Safety Services ARTHUR PEREZ, PE Plan Check Engineer Mr. Arthur S. Perez brings to Willdan over 34 years of experience as a registered Civil Engineer specializing in structural plan reviewing and building code expertise. He is responsible for the complete plan checking for a variety of projects, including complex commercial, industrial, institutional, and residential. Relevant Project Experience Target Stores, Target Store Prototype Tenant Improvement Project – Mr. Perez was the Plan Check Engineer for structural and life-safety plan check review for the Target Store Prototype Tenant Improvement Project. City of Rolling Hills Estates, Building Plan Check, 608 Silver Spur – Mr. Perez was the Plan Check Engineer who provided as-needed building plan review services for the existing building. City of Maywood, Building & Safety Plan Check – Provide building and safety plan check services. Review private developments in accordance to adopted building, plumbing, mechanical, electrical, disabled access and energy codes. City of Rolling Hills Estates, Building Plan Check, 627 Deep Valley – Mr. Perez was the Plan Check Engineer who provided building code plan review services for commercial developments on 627 Deep Valley. Jet Propulsion Laboratory, Building Code Review – Administrative 180-30% - Mr. Perez was the Plan Check Engineer for this project which involved a building code review for an administrative office building (#180); 5-story over basement, with atrium, A & B Occupancy, Type IIB construction; approximately 95,000 sq ft. Division of the State Architect, Fire & Life Safety Plan Check – Mr. Perez provided building plan check of the DSA public school facilities. City of Rolling Hills – Plan Checker – Mr. Perez is providing building plan check and grading plan check services for this assignment. University of California Santa Barbara – Mr. Perez is providing building and safety plan review services for the Isla Vista Foot Patrol Facility at the University of California, Santa Barbara. Education A.A., Engineering, East Los Angeles College Registrations California, RCE 32056 Experience 34 Years 417 City of Vernon City of Vernon Building & Safety Services RICARDO GUZMAN, SE, PE Plan Check Engineer Mr. Ricardo Guzman brings diverse industry strengths and experience in international business development and California state government oversight of public school and hospital designs to his employment with Willdan. As a skilled structural engineer, Ricardo has performed structural design of various commercial and agricultural light- gauge steel structures and their foundations in California; and offshore platforms, major port facilities, ore processing plants, and one major hotel in Mexico. His expertise includes management and supervision; plan review; forensic structural engineering; and performing earthquake engineering studies and seismic risk studies. Ricardo’s structural expertise encompasses a wide range of industrial services: chemical plants, mining industry plants, spillways, several water supply projects, nuclear power plants, and oil industry facilities. Relevant Project Experience Plan checked many major California State University (CSU) buildings, including: ▪ The new Library for the CSU at Monterey Bay – a five-story concrete building with a modernistic complex structure. ▪ The three-story buckling restrained steel frame building for the Hornet Bookstore and CSU Foundation at CSU Sacramento. ▪ The new Parking Garage for the CSU at Sacramento – a six-story post-tensioned concrete building that involved 3-D linear and 2-D push-over dynamic analyses. ▪ The Canyon Village at CalPoly San Luis Obispo – a $230,000.00 project with nine housing buildings and two post-tensioned parking structures. Plan checked many major commercial buildings in Northern California, including: ▪ The new Wheatland Wal-Mart store. ▪ Roseville Galleria Mall additions, alterations and two post-tensioned parking structures. ▪ The new two-story Tracy City Hall. ▪ The new two-story Auburn Justice Center. Plan checked five major hospital buildings and many school buildings, including: UCSD Hospital – A 12- story (170’ high) elevator tower with an eight-story corridor bridging structure and an approximately 25,000 sq. ft. three-story addition. The addition required dynamic analysis considerations due to the way it is attached to the existing building. Education MS, Structural and Earthquake Engineering, National University of Mexico Civil Engineer Degree (5 year Curriculum), National University of Mexico Registrations Structural Engineer, California, No. 1833 Civil Engineer, California, No. 21238 Arizona No. 38916 Mexico, No. 155901 Ohio, No. E-59652 Washington, No. 15338 Affiliations Structural Engineers Association of California Earthquake Engineering Research Institute Colegio de Ingenieros Civiles de Mexico Experience 27 Years 418 20 EXHIBIT C SCHEDULE 419 City of Vernon City of Vernon Building & Safety Services P a g e | 6 Fees and Costs Structural plan review will be provided to the City for either a time-and-material hourly rate, or as a percent of the fee collected by the City as delineated below. All pricing listed below reflect not-to- exceed fees and are comparable to other jurisdictions we currently provide service to as required by the RFP. SERVICE PROVIDED FEE Hourly Plan Review $130/hr Percent of Fee Collected Plan Review 45% Inspection/Disaster Recovery Assistance $100/hr 420 21 EXHIBIT D LIVING WAGE PROVISIONS Minimum Living Wages: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. Paid and Unpaid Days Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer’s compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney’s fees, or to compel City officials to terminate the service contract of violating employers. 421 22 EXHIBIT E EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. 422 City Council Agenda Item Report Agenda Item No. COV-2-2019 Submitted by: Wendy Herrera Submitting Department: Public Works Meeting Date: January 15, 2019 SUBJECT Public Works Department November 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 November 2018. Fiscal Impact: None ATTACHMENTS 1. Public Works Department November 2018 Building Report 423 ,~.~~F;~Egti City of Vernon `~ ~ ~ ~'' Building Department p~ `~ ., , ' : Monthly Report from 11/1/2018 to 11/30/2018 ` ~~'e~v ~M~V' Value # of Permits Demolition Electrical Industrial -Remodel Mechanical Miscellaneous Plumbing Roof November 2018 TOTALS PERMITS: PREVIOUS MONTHS TOTAL YEAR TO DATE TOTAL November 2017 TOTALS PERMITS: PREVIOUS MONTHS TOTAL PRIOR YEAR TO DATE TOTAL $350,000.00 1 $609,580.00 14 $2,085,350.00 6 $3,894,800.00 9 $273,467.00 12 $123,600.00 7 $404,500.00 3 $7,741,297.00 52 X95,145, 599.35 580 $102,886,896.35 632 $7,821,130.00 42 $55,993,865.70 465 X63,814,995.70 507 Daniel Wall Director of Public Works 424 ~ pF v£R o, x ~. ' ;.~,. . CG 'yt~ ~~~'YCY 1N~J None City of Vernon building Department New Buildings Reporf -November 2018 1 ~-~/~~'V" ~- Daniel Wall Director Public Works 425 OF VER o'' > ~ °4. • .,. . P,~n 1/, ~ ~`,~, t ``~~~'E l7 1N~J6 2851 44th St American Wrecking Inc. 24,250 s.f. City of ~/ernon building Department Demolition Repoc~t -November 2018 ~-• Daniel Wall Director of Public Works 426 ~F VER ~•'~~` °"~~- ~~y City of Vernon • ,:,:i~. Building Department ~~~ ',~ Major Projects from 11/1/2018 to 11/30/2018 ~ R~ ~~Y~L7 1M~J Valuations > 20,000 Permit No. Project Address Tenant Description Job Value ~~ Demolition B-2018-3084 2851 44TH ST Demolish existing structure. 350000 APN 6303013045 Diversion (weight) totals shall be submitted to the city prior to final inspection. (24,250 s.f.) 1 Records) $350,000.00 Electrical B-2016-1126 4415 BANDINI BLVD New concrete tilt up warehouse and 281880 APN 5243018013 office *Electrical scope* B-2018-3032 6131 MALBURG WAY Lost Spirits New wiring equipment 25000 APN 6310027042 B-2018-2993 4440 26TH ST Electrical TI 44000 APN 5243018010 B-2018-3140 5688 BOYLE AVE 1200 AMP service for new building 180000 APN 6310008011 4 Records) $530,880.00 Industrial -Remodel B-2018-3141 3250 44TH ST New freezer/packaging/dock 1500000 APN 6303016007 B-2018-2810 3049 VERNON AVE Revision to roof to add opening at 450000 APN 6303005034 animal staging area. New concrete slab and drain system revisions. Install new foundation for equipment at end of rail system. B-2018-2976 4440 26TH ST LBA REALTY/ T.I. WORK ON 2554 SQ FT 63850 APN 5243018010 EMILY MA INCLUDING REWORK OF 2820 SQ FT OFFICE SPACE TO 1950 SQ FOT OFFICE SPACE AND 604 SQ FT OF RESTROOMS. NEW WALL, POWER, PLUMBING, LIGHTING AND FINISHES B-2018-2481 4383 FRUITLAND AVE TI add office and storage 5435 s.f. 50000 APN 6304026002 exterior window replace same size, stucco parking lot stripping remodeling, upgrade restroom. 4 Records) $2,063,850.00 Mechanical B-2018-2991 4440 26TH ST Mechanical - TI 26000 APN 5243018010 B-2018-3133 3049 VERNON AVE Farmer John Exhaust and supply restrooms, 110000 APN 6303005034 janitor room, lunch room. 427 B-2018-3166 3049 VERNON AVE APN 6303005034 B-2018-3137 5119 DISTRICT BLVD AMAZON APN 6314003900 4 Records) Miscellaneous B-2018-3174 3250 44TH ST Culinary APN 6303016007 Internation B-2018-3183 3049 VERNON AVE Farmer John APN 6303005034 B-2018-3186 4510 BOYLE AVE APN 6303016006 B-2017-1855 4700 ALCOA AVE APN 6303019011 B-2018-2974 3651 SIERRA PINE AVf APN 6303002012 5 Records) Plumbing B-2018-2992 4440 26TH ST APN 5243018010 B-2018-3142 3250 44TH ST CULINARY APN 6303016007 INTERNATION 2 Records) Roof B-2018-3189 2610 37TH ST APN 6302020039 B-2018-3175 2323 VERNON AVE APN 6302017901 2 Records) 22 Permits) New Refrigeration equipment and 3660000 installation to facility (6) heat pumps (6) duct smoke 40000 detectors $3,836,000.00 sub-slab & hydrone heating in new 50000 freezer Structural tank pad and additional 25000 equipment supports Refacing existing paving and 30000 restriping. Equipment support structure 25000 Storage racks 80000 $210,000.00 Plumbing - TI. New restroom and 36000 breakroom New plumbing floor drains in 60000 packaging $96,000.00 Reroof ~ 2610 - 2660 37th Street 341500 Re-roof 43000 $384,500.00 Total $7,471,230.00 Daniel Wall Director of Public Works 428 ~ pF VE9 `,~ ~ e~n~~'1'O'j. ,. ~~ i ' e c~ tie` ~~~'tlY ~N9J Request for Inspection Approved Pending Temporary Occupancies City of Vernon building Department Status of Certificates of Occupancy Requests 1111onth of November 2018 ~ ---' L~L'~iC~. aniel Wall Director of Public Works 22 28 346 16 429 City of Vernon Certificate of Occupancy Applications Date From 11/1/2018 to 11!3012018 Issued Permit No. Project Address Tenant Description Fees Paid Square Feet C-2018-1155 2716 VERNON AVE Amy's House, Inc. Office and 885.00 28604 APN 6308005018 warehouse for garment wholesale business C-2018-1156 5770 ANDERSON ST Project One Apparel, Inc. Silk screen printing 885.00 8904 APN 6308019020 C-2018-1157 2242 49TH ST LDR Consulting LLC Warehouse of 885.00 17000 APN 6308015020 beauty products C-2018-1158 3624 SOTO ST Take A Bao Restaurant 385.00 1200 APN 6303004039 C-2018-1159 3232 WASHINGTON Substance Over Farm, Inc. Warehouse apparel 885.00 45000 APN 5169023038 C-2018-1160 5401 BOYLE AVE Premium Cutting Inc. Garment cutting 885.00 18950 APN 6310010012 service C-2018-1161 3690 SANTA FE AVE LDA CAL-COAST, LLC Garment warehouse 885.00 11470 APN 6302005016 C-2018-1162 5101 PACIFIC BLVD Lapeer Inc. Clothing 885.00 8000 APN 6308010016 Manufacturing C-2018-1163 2050 51ST ST Pacifico Way Inc. office use -retail 385.Od 1000 APN 6308016033 online business C-2018-1164 5816 BOYLE AVE Apex Kitchen and Bath Inc. Wholesale home 885.00 15000 APN 6310007006 improvement products C-2018-1165 5100 DISTRICT BLVD Indio Products 1,046.00 82745 APN 6304012012 C-2018-1166 1901 55TH ST Midas Plus Apparel Inc. Garment cutting 885.00 2000p APN 6308016027 C-2018-1167 4280 MAYWOOD AVE Signal Product Inc. Warehouse luggage 885.00 32150 APN 6304021037 &goods C-2018-1168 5300 BOYLE AVE rPlanet Earth Warehouse 0.00 10000 APN 6310008020 C-2018-1169 5370 BOYLE AVE A-Thread Apparel Warehouse/Storage 1,046.00 56304 APN 6310008012 C-2018-1170 2761 FRUITLAND AVE HBG Construction Corp. Office use 385.00 300 APN 6308002006 C-2018-1171 4767 49TH ST Preferred Meal Systems Processing food 885.00 13131 APN 63040160Q5 1 430 Issued Permit No. Project Address Tenant Description Fees Paid Square Feet C-2018-1172 4901 SANTA FE AVE Universal Auto Dismantiling Storage of auto parts 885.00 9600 APN 6308015008 Inc. C-2018-1173 3021 BANDINI BLVD BIBI CLOTHING Garment 885.00 10887 APN warehousing C-2018-1174 4770 DISTRICT BLVD S & C Knitting Inc. Knitting fabric 885.00 19000 APN 6304015013 C-2018-1175 2131 51ST ST International Glass & warheousing empty 0.00 30000 APN 6308015017 Ceramics glass bottles C-2018-1176 5122 ATLANTIC BLVD PDG Service Oil Co Inc. Office use 385.00 600 APN 6314003001 Total for Certificate of Occupancy: 16,022.00 439,845.00 22 Permits(s) Total Fees Paid 16,022.00 2 431 City of Vernon Certificate of Occupancy Issued Date From 11!112018 to 11/3012018 Issued Permit No. Project Address Tenant Description Fees Paid Square Feet 11/1/2018 C-2018-1111 2211 27TH ST EUNINA, INC. Manufacturing 885.00 48000 APN 6302008025 garments 11/112018 C-2018-1070 4440 26TH ST AMAZON.COM SERVICEBQffice use 1,592.00 145000 APN 5243018010 INC 11/5/2418 C-2017-0680 3130 LEONIS BLVD GOLDEN HAND SEWING Office use/sample 300.00 630 APN 6303025009 designing 11/5/2018 C-2018-1105 2950 VERNON AVE L.A. Co. Metro Warehousing metro 885.00 44964 APN 6308001044 Transportation Authority train parts 11/5/2018 C-2018-1065 3311 SLAUSON AVE ASOPH INC Warehousing of 885.00 23714 APN 6310005010 garments 11/5/2018 C-2018-0982 2502 ALAMEDA ST PEPI COMPANY OF Catering/prepares 385.00 679 APN 6302009045 CALIFORNIA LLC DBA food for delivery ALONTI CATERING 11/5/2018 C-2015-0167 5015 HAMPTON ST US JASU INC Embroidery 689.00 11410 APN 6308010038 11/5!2018 C-2017-0864 2341 49TH ST SIIL INC Office useJsample 385.00 1800 APN 6308015044 designing 1 1 /512 01 8 C-2015-0281 3130 LEONIS BLVD G & A INVESTMENTS INCOffice use 300.00 2500 APN 6303025009 11/8/2018 C-2017-0668 4719 BOYLE AVE SHOPANGL.COM.INC. Warehousing of 300.00 3000 APN 6343021016 garments 11/8/2018 C-2017-0669 4719 BOYLE AVE BLUE BEE INC DBA ANGLWarehousing of 300.00 3000 APN 6303021016 garments 1 1 1812 0 1 8 C-2617-0681 4700 ALCOA AVE BON APPETIT DANISH, Manufacturing baked 0.00 49988 APN 6303019011 INC. goods 1 1 1812 0 1 8 C-2015-0113 2537 27TH ST MARTINEZ TRUCKING &Warehousing of steel 815.00 76000 APN 6302003019 LOGISTICS INC. products 1 1 1812 0 1 8 C-2018-1131 3049 VERNON AVE CLOUGHERTY PACKING Food processing 0.00 9300 APN 6303005034 LLC DBA FARMER JOHN 1118!2018 C-2017-0706 2926 54TH ST ATELIER &REPAIRS, LLGWarehousing of 300.00 4500 APN 6310010007 garments 1 1 12 012 0 1 C-2018-0881 2034 27TH ST SHAGHAL LTD Warehousing of 1,046.00 73215 APN 6302009029 electrical goods 1 432 Issued Permit No. Project Address Tenant Description Fees Paid Square Feet Certificate of Occupancy 11/26/201 C-2016-0346 5065 PACIFIC BLVD OGI COLLECTION INC Manufacturing of 689.00 8200 APN 6308010018 garments 11126!201 C-2016-0567 3716 ALAMEDA ST JDMTRUSTMOTORS.CONf'Varehousing of auto 689.00 5500 APN 6302012026 parts 11/26/201 C-2018-1117 3314 FRUITLAND AVE EBERINE ENTERPRISES Accessory 385.00 7700 APN 6310002017 INC DBA EURO COFFEE warehouse 11!26/201 C-2017-0839 3314 FRUITLAND AVE Eberine Enterprises dba Storage coffee and 385.00 2750 APN 6310002017 Euro Coffee supplies 11/26/201 C-2018-1078 5088 FRUITLAND AVE HARBOR MARINE Warehousing and 885.00 13202 APN 6313022030 PRODUCT INC processing seafood 11/28/201 C-2017-0711 3285 VERNON AVE JAEMAR INC Fish processing 689.00 33348 APN 6303006064 1 1 /2 812 01 C-2018-1077 5993 MALBURG WAY CARGO CUBE OF L05 Warehousing of 885.00 6116 APN 6310027046 ANGELES LLC cargo cubes 11/28/201 C-2018-1122 3724 26TH ST KYS GROUP CORP Manufacturing of 885.00 11286 APN 5192030004 garments 11/28/201 C-2017-0755 3257 26TH ST M-TEXTILE Warehousing of 885.00 34000 APN 5169033016 CORPORATION garments 11/28/201 C-2017-0600 1900 25TH ST SHOWROOM INTERIORSWarehousing of 689.00 38000 APN 630209016 LLC DBA VESTA HOME furniture 1 112 812 01 C-2015-0284 3130 LEONIS BLVD ALLISON PLACE SHIRT Office use/design 300.00 2400 APN 6303025009 CORP sampling 11/29f201 C-2018-0980 4425 SOTO ST 13FEG LA HOLDINGS LLCWarehousing of 885.00 11852 APN 6308001020 seasonal sets/halloween set Total for Certificate of Occupancy: 17,318.00 672,054.00 Total Fees Paid 17,318.00 28 Permits(s) 2 433 City Council Agenda Item Report Agenda Item No. COV-208-2018 Submitted by: Lilia Hernandez Submitting Department: City Administration Meeting Date: January 15, 2019 SUBJECT Appointment of Eligible Individuals to Serve on the Vernon Business & Industry Commission Recommendation: A. Find that the appointment of an eligible individual to serve on the Vernon Business & Industry Commission is exempt from California Environmental Quality Act (“CEQA”) review, because they are administrative actions that will not result in direct or indirect physical changes in the environment, and therefore do not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Appoint one eligible individual to serve on the Vernon Business & Industry Commission, in a Vernon Employee/Labor Representative Seat, with a term beginning January 15, 2019 and expiring on June 30, 2022; and C. Appoint one eligible individual to serve on the Vernon Business & Industry Commission, in a Vernon Real Estate Representative Seat, with a term beginning January 15, 2019 and expiring on June 30, 2022. Backgroud: As one of the key elements of the City’s good governance reforms, the City Council created the Vernon Business and Industry Commission (“Commission”) to explore and develop ways for the City of Vernon to be more attractive to employees, businesses, and investors, while appropriately considering the needs and concerns of the residential communities within and in close proximity to Vernon. The Commission is the revamped consolidation of the former Ad Hoc Advisory Committees on Business Development and Electric Rates, and is intended to provide a special forum to address public concerns related to the City’s business and industrial development related costs, procedures, and activities. The Commission is comprised of seven members from the Vernon Community: Three business representatives, each of whom represents the owner or operator of a business located in Vernon; two real estate professionals, each of whom has knowledge of the Vernon real estate market; one labor representative, who is employed by a business located in Vernon or who is a member of a labor union that represents workers at a business located in Vernon; and one current member of the Vernon City Council. Currently, there are two vacant seats on the Commission. Pursuant to Section 2.174 of the Vernon Municipal Code, the City Council is expected to make an appointment to fill the current vacancies. Staff has publicized the vacancies and has placed the appointment of eligible individuals on the agenda for the January 15, 2019 City Council meeting. On or about December 6, 2018 City Staff broadly publicized the aforementioned vacancies and opportunity to serve on the Commission by posting the attached announcement and interest form on the main page of the City’s website and social media platforms as well as mailing copies to all businesses in Vernon. The City also publicized the vacancies through the Vernon Chamber of Commerce. As of the application deadline, only one completed application was 434 received for each of the vacant seats and are included as attachments to this staff report. Information that may be personal has been redacted from the applications. The names of the individuals eligible to serve in the vacant seats are listed below under the respective category: Vernon Employee/Labor Representative (one vacancy in this category) 1. John Baca, IBEW Local #47 Vernon Real Estate Seat (one vacancy in this category) 1. Justin Faust, Los Angeles Junction Railway/BNSF The City Council must appoint one individual to serve in the vacant Vernon Employee/Labor Representative seat. City staff recommends the Council appoint the one candidate presented in this staff report, Mr. John Baca, as he is the only individual that expressed an interest to serve on the Commission in a Vernon Employee/Labor Representative seat. The City Council must appoint one individual to serve in the vacant Real Estate Representative seat. City staff recommends the Council appoint the one candidate presented in this staff report, Mr. Justin Faust, as he is the only individual that expressed an interest to serve on the Commission in a Real Estate Representative seat. The Vernon Business & Industry Commission meets quarterly at 9:00 a.m. on the second Thursday in February, May, August, and November. Upon the City Council’s appointment of new Commission members, the City Clerk will administer the Oath of Office as necessary, prior to their participation in a Vernon Business & Industry Commission meeting. The next regular meeting of the Commission is scheduled for February 14, 2019. Fiscal Impact: There is no fiscal impact associated with the appointment of an individual to serve on the Vernon Business & Industry Commission. ATTACHMENTS 1. VBIC Announcement & Interest Form 2. J. Baca Interest Form 3. J. Faust Interest Form 435 CITY ADMINISTRATION 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Exclusively Industrial December 6, 2018 TO: Representatives of the Vernon Labor and Real Estate Communities SUBJECT: Seeking Interested Vernon Labor Representatives and Real Estate Professionals to Serve on the Vernon Business and Industry Commission Background: The Vernon Business and Industry Commission (“VBIC” or “Commission”) has been established to assist City officials and staff in developing ways to make the City of Vernon more attractive to businesses, employees, and investors, while appropriately considering the needs and concerns of the residential communities within and in close proximity to Vernon. The Commission is also intended to provide a special forum to address public concerns related to the City’s business and industrial development related costs, procedures, and activities. The Commission replaces the Ad Hoc Advisory Committees on Electric Rates and Business Development and is the fulfillment of an important element of the City’s good governance reforms. Composition and Terms: The Commission is comprised of seven members from the Vernon Community: three business representatives, each of whom represents the owner or operator of a business located in Vernon; two real estate professionals, each of whom has knowledge of the Vernon real estate market; one labor representative, who is employed by a business located in Vernon or who is a member of a labor union that represents workers at a business located in Vernon; and one current member of the Vernon City Council. Commission members serve four year terms beginning in August. No member shall serve more than two (2) full consecutive terms. Upcoming Vacancies and Invitation to Apply: The City seeks to fill upcoming vacancies in the seats listed below and encourages all qualified individuals to apply. Those with an interest in good government and experience in public service and business and economic development are especially needed to devote time to this important public body. The Commission is subject to state open meeting laws and regulations related to good government such as the Ralph M. Brown Act and the Political Reform Act. Appointees will be required to submit Statements of Economic Interests (Form 700s) annually.  Real Estate Representative  Employee/Labor Representative For more information on the Vernon Business and Industry Commission and related responsibilities, please refer to Ordinance No. 1223 available on the City’s website (www.cityofvernon.org). To be considered for appointment to the Commission, please complete and submit the form on the reverse by Thursday, December 27th at 5:00pm. 436 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 City of Vernon, 4305 Santa Fe Avenue, Vernon, California 90058 – Telephone (323) 583-8811 VERNON BUSINESS AND INDUSTRY COMMISSION Prospective Commission Member Interest Form December 6, 2018 Appointing Category (please circle one): Real Estate Labor Name: ____________________________________ Business Name: ___________________________ Title: ____________________________________ Vernon Address: ___________________________ Email: ____________________________________ Phone: ____________________________________ Qualifications and Reasons for Interest in Serving on the Commission (attach additional sheet if necessary): __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ NOTE: By signing below, you affirm that you meet the requirements of the appointing category you have indicated. Signature: ________________________________ NOTE: Please submit completed form by Thursday, December 27th 2018, at 5:00 p.m. Mail form to: 4305 Santa Fe Avenue, Vernon, CA 90058, Attn: City Administration Email form to: lhernandez@ci.vernon.ca.us 437 438 439 City Council Agenda Item Report Agenda Item No. COV-23-2019 Submitted by: Diana Figueroa Submitting Department: City Administration Meeting Date: January 15, 2019 SUBJECT Appointment of Eligible Individual to Serve on the Vernon CommUNITY Fund Grant Committee Recommendation: A. Find that the appointment of eligible individuals to serve on the Vernon CommUNITY Fund Grant Committee is exempt from California Environmental Quality Act (“CEQA”) review, because it is an administrative action that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Appoint an eligible individual to serve on the Vernon CommUNITY Fund Grant Committee in a Vernon Area Representative Seat with a term of January 15, 2019 to June 30, 2020. Backgroud: The Vernon CommUNITY Fund (“VCF”) was established to provide grants that benefit the Vernon community to charitable and governmental entities for projects in the “Vernon Area,” which includes the cities of Vernon, Maywood, Bell, Huntington Park, and Commerce, the area within the City of Los Angeles known as Boyle Heights, and the unincorporated area known as East Los Angeles. The Vernon CommUNITY Fund is the fulfillment of one of the key elements of the City’s good governance reforms. On February 4, 2014 the City Council adopted Ordinance No. 1218, as amended by Ordinance Nos. 1238 and 1257, and established the Vernon CommUNITY Fund Grant Committee (“Committee”) to provide basic guidelines and operational procedures for the review of grant applications and award of grants from the VCF. The Committee is comprised of seven members and must include: One (1) person who represents an owner or operator of a business located in Vernon; two (2) persons representing members of the California Legislature with districts that include at least a portion of the Vernon Area; three (3) persons that reside or work in the Vernon Area; and one (1) current member of the Vernon City Council. Terms for Committee members are for a period of two years (July 1 to June 30). On June 30, 2018, terms for three (3) of the seats on the Committee expired and need to be filled. Pursuant to Section 2.158 of the Vernon Municipal Code, Committee members shall be appointed by the City Council. Staff publicized the vacancies for each of these seats and placed the appointment of eligible individuals for two (2) out of the three (3) seats on the agenda for the August 7, 2018 City Council meeting. The City Council made appointments to fill one (1) vacancy in the Legislative Representative Seat, and one (1) vacancy for the Business Representative Seat. At that time, the vacancy in the Vernon Area Representative Seat could not be filled, as no interest forms from individuals that desired to serve were received by staff. A follow up recruitment for the single expired Vernon Area Representative Seat was conducted and the item is now placed on the January 15, 2019 City Council agenda for City Council to proceed with appointing an individual for the single remaining vacancy. Vernon Area Representative Seat 440 On or about December 6, 2018, City staff mailed an announcement and corresponding application form to the owners and/or operators of all businesses and residents located in Vernon. Said application and cover letter were also posted on the City’s website and the City's social media platforms, and are included as attachments to this staff report (Attachment 1). As of the application deadline, two (2) completed applications were received. The completed applications are included as attachment to this staff report (Attachments 2 and 3). Information that may be personal has been redacted from the application. The names of the individuals and their Vernon affiliation are listed below: 1. James Chang - CEO, Vernon/Commerce Credit Union 2. Susie Ybarra - Resident, City of Vernon The City Council must appoint one (1) individual to serve in the Vernon Area Representative Seat. City staff recommends that Council appoint one of the candidates presented above in this staff report, as each has expressed an interest to serve on the Committee and meets the criteria to serve in a Vernon Area Representative capacity. The term for this seat will expire June 30, 2020. Next Steps The Vernon CommUNITY Fund Grant Committee meets quarterly at 10:00am on the third Wednesday in the months of February, May, August and November. Upon the City Council’s appointment of new Committee members, the City Clerk will administer Oaths of Office as necessary, prior to their participation in a Vernon CommUNITY Fund Grant Committee meeting. City staff will also schedule an orientation and/or training session as required or appropriate. Fiscal Impact: There is no cost associated with the appointment of an individual to serve on the Vernon CommUNITY Fund Grant Committee. ATTACHMENTS 1. Announcement/Application for Vernon Area Grant Committee Appointment 2. J. Chang Completed Interest Form for VCFGC Vernon Area Representative 3. S. Ybarra Completed Interest Form for VCFGC Vernon Area Representative 441 CITY ADMINISTRATION 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Exclusively Industrial December 6, 2018 TO: Individuals that Reside or Work in the Vernon Area *HR Department – please distribute this communication to all employees SUBJECT: Seeking Interested Individuals that Reside or Work in the Vernon Area to Serve on the Vernon CommUNITY Fund Grant Committee Background: The Vernon CommUNITY Fund (“VCF”) was established to provide grants that benefit the Vernon community to charitable and governmental entities for projects in the “Vernon Area,” which includes the cities of Vernon, Maywood, Bell, Huntington Park, and Commerce, the area within the City of Los Angeles known as Boyle Heights, and the unincorporated area known as East Los Angeles. The Vernon CommUNITY Fund is the fulfillment of one of the key elements of the City’s good governance reforms. The reforms called for the creation of an environmental and community benefit fund and an independent board to award grants to qualified applicants. Composition and Terms: The Committee is comprised of seven members and must include: One (1) person who represents an owner or operator of a business located in Vernon; two (2) persons representing members of the California Legislature with districts that include at least a portion of the Vernon Area; three (3) persons that reside or work in the Vernon Area; and one (1) current member of the Vernon City Council. Terms for Grant Committee appointees are for a period of two years (July 1 to June 30). No appointee shall serve more than three (3) consecutive terms. Invitation to Apply: The City seeks to fill a Grant Committee seat represented by an individual that resides or works in the Vernon area and encourages all qualified individuals to apply. Those with an interest in good government and experience in philanthropic activities are especially needed to devote time to this important public body. The Grant Committee is subject to state open meeting laws and regulations related to good government such as the Ralph M. Brown Act and the Political Reform Act. Appointees will be required to submit Statements of Economic Interests (Form 700s) annually. For more information on the Grant Committee and related responsibilities, please refer to Sections 2.155 through 2.169 of the Vernon City Code available on the City’s website (www.cityofvernon.org). To be considered for appointment to the Vernon CommUNITY Fund Grant Committee, please complete and submit the form on the reverse side of this letter by Thursday, December 27th at 5:00pm. 442 City of Vernon, 4305 Santa Fe Avenue, Vernon, California 90058 – Telephone (323) 583-8811 VERNON COMMUNITY FUND GRANT COMMITTEE Prospective Grant Committee Member Interest Form December 6, 2018 Vernon Area Representative Seat (Individuals that Reside or Work in the Vernon Area) Name: _________________________________________ Business Name (if applicable): ___________________________ Title: _________________________________________ Vernon Address: _________________________________ Email: _________________________________________ Phone: _________________________________________ Qualifications and Reasons for Interest in Serving on the Grant Committee (attach additional sheet if necessary): ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ NOTE: By signing below, you affirm that you are an individual that resides or works in the Vernon area. Signature: ________________________________ NOTE: Please submit completed form by Thursday, December 27th at 5:00p.m. Mail form to: City Administrator’s Office, 4305 Santa Fe Avenue, Vernon, CA 90058 – Attn: Diana Figueroa Email form to: dfigueroa@ci.vernon.ca.us 443 444 445 City Council Agenda Item Report Agenda Item No. COV-24-2019 Submitted by: Michael Earl Submitting Department: Human Resources Meeting Date: January 15, 2019 SUBJECT Approval of the 2019 Calendar Year Medical, Dental, Vision, and Life Insurance Proposals for City Employee and Retiree Benefits Recommendation: A.. Find that approval of the proposed action is exempt from California Environmental Quality Act (“CEQA”) review, because it is an administrative activity that will not result in direct physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Approve the 2019 Calendar Year Medical, Dental, Vision, and Life Insurance Benefits as proposed; and C. Authorize the City Administrator to execute final agreements with the insurance providers based on the proposals submitted herewith. Backgroud: Each year, with the assistance of the City’s insurance benefits brokerage and consulting firm, currently Alliant Insurance Services, the City reviews its various insurance benefit plans. This year, the broker solicited proposals from various providers in the employee benefits marketplace to ensure that the City was receiving competitive rates for the insurance benefits provided to City employees and retirees. For the medical insurance plans provided by the City, the City is continuing to contract with Blue Shield of California. Last year, Alliant solicited proposals and rate quotations from various providers and Blue Shield of California was selected as the proposal provided the desired benefit plans and coverage at the most competitive rates. The proposal included a cap in the rates for 2019 that limited any premium increases to no more than 6.9% for one HMO plan and no more than 9.9% on the remaining three plans. The final negotiated renewal for 2019 was under these guaranteed rate caps with premium increases of 5.8% and 8.8%. With regard to the dental insurance, Alliant received proposals from the City’s current provider, Anthem, as well as from five other providers. Based on review of the rates and benefits, it was recommended to change providers this year and approve a proposal from Met Life. The Met Life proposal results in a reduction in premiums of approximately 9.1% from the current rates. The City also requested Alliant to solicit proposals for vision insurance benefits. Historically, the City has self-funded a vision reimbursement program for employees. Under the self-funded program, the City contributes a set amount towards the program similar to a premium and then also directly reimburses employees for vision benefit claims up to a specified amount. A fully insured visions program will provide the same level of benefits, will no longer require processing claims reimbursements, and will result in an overall savings of approximately $40,000 per year. The insured 446 vision program was recommended to be placed with Medical Eye Services (MES). MES has proposed a premium rate guarantee that will keep rates at the proposed amounts for a four year period through December 31, 2022. Currently, life insurance benefits are provided through Mutual of Omaha. The proposal from Mutual of Omaha continues the existing program at the current rates. Additionally, Mutual of Omaha has guaranteed the rates will remain unchanged for two years through December 31, 2020. Following approval of the proposals, the providers will prepare and deliver an Evidence of Coverage along with a Health Services Contract/Group Policy. These documents are not typically produced until after the effective date of coverage but are based on the agreed upon rates, benefits, and terms included in the proposals and group applications. Staff is requesting that City Council authorize the City Administrator to execute the final agreements once issued. The renewal confirmation letters attached have been reviewed and approved by the City Attorney’s Office. Fiscal Impact: The total annual premium for the City’s medical benefits as proposed with Blue Shield of California is approximately $4,991,985. This amount will vary slightly based on the enrollment of City employees and retirees in either the HMO or PPO plans. The total annual premium is offset by employee and retiree contributions based on enrollment, which is estimated to be approximately $3,576,174. The total annual premium for the City’s dental benefits is approximately $390,613. The estimated premium for the City’s visions insurance program is $70.443. The annual premium for the City’s Life insurance program is estimated to be $5,414. Adequate funds have been included in the 2018/2019 fiscal year budget approved by City Council. ATTACHMENTS 1. City of Vernon - MES Vision Confirmation Signed 2. City of Vernon - Blue Shield Confirmation Signed 3. City of Vernon - Mutual of Omaha Confirmation Signed 4. City of Vernon - MetLife Confirmation Signed 447 448 449 450 451 452 453 454 City Council Agenda Item Report Agenda Item No. COV-420-2018 Submitted by: Ali Nour Submitting Department: Public Utilities Meeting Date: January 15, 2019 SUBJECT A Resolution Approving and Authorizing the Execution of a Service Level Agreement for Upstream Internet Access Services with Broadband, LLC Recommendation: A. Find that approval of the proposed action in this staff report is exempt under the California Environmental Quality Act ("CEQA"), because it is a governmental administrative activity that will not have any effect on the environment and is therefore not a “project” as that term is defined by CEQA Guidelines section 15378; and B. Adopt a Resolution approving and authorizing the execution of a Service Level Agreement for Upstream Internet Access Services with Broadband, LLC, in the not to exceed amount of $130,000; and C. Approve additional funds in the amount of $22,000 to cover the month to month charges due between the period of October 2018 through February 2019. Backgroud: The City’s Fiber Optics based Internet Access Service receives dedicated wholesale internet circuits from two upstream service providers. Having two providers allows the City to deliver commercial internet access services to residences and businesses in Vernon using Vernon’s fiber optic network infrastructure in a reliable and redundant manner. The redundant circuits ensure system reliability and customer service up-time. Staff contacted a number of potential providers, including XO Communications and AT&T. Vernon Public Utilities ("VPU") was unable to secure firm pricing from these vendors because they requested for the City to first enter into an agreement prior to investigating the physical connectivity, preparing construction cost estimates and identifying a timeline to deliver the services. This process was not an option for the City given that staff did not have the ability to determine when services could be delivered and at what cost, and could not compare providers' offerings. Moreover, replacing any of the existing circuits with circuits from a new provider would require substantial system downtime and the construction of new fiber optic infrastructure from a remote central office leading into City Hall. A construction stage of this magnitude would reduce Fiber Optic Internet Access Service reliability and potentially create customer service interruptions. For these reasons, staff believes that it would be “commercially unreasonable” to procure these telecommunications services through standard bidding or the request for proposal procedure. The City is currently connected to Broadband LLC ("Broadband") network. Historically, Broadband's service delivery has met the City’s Internet Access Services reliability requirements in a responsible manner. Broadband's proposed quote will decrease the City’s existing pre-tax monthly bill by $1,289, from a monthly charge of $4,250 to $2,961, and more than double the transmission speeds from 200 Mbps to 500 Mbps. 455 The Agreement with Broadband is exempt from both the competitive bidding and competitive selection requirements pursuant to Vernon Municipal Code § 2.17.12(A)(6) and 2.17.12(B)(1) because this is a contract for the acquisition or transmission of telecommunications for the Public Utilities Department and it would be commercially unreasonable to procure these services through standard bidding or the request for proposal procedure. Due to the fact that the City is currently connected to the Broadband network and switching carriers would be costly and could potentially disrupt service, staff believes that it is in the best interest of the City to commit to a new three-year term agreement with Broadband. As a part of this agreement, the City is able to establish firm monthly rates that are not subject to increases throughout the entire term of thirty-six (36) months, thereby ensuring that the City is not only capable of providing valuable and reliable internet service to its residents and business customers, but is also able to manage this expenditure as a fixed cost for a longer term. The cost savings will benefit the rate structure the City is able to offer to its constituents. Staff is also seeking approval of additional funds in the amount of $22,000 to cover the remaining month to month charges until the new agreement is in place. The expired (3) year term of the Agreement for Continuation and Upgrade effective date was December 9, 2014 with a P.O. in the amount of $180,000.00. This covers the monthly cost of $4,250 with $27,000 for contingencies. Funds for the P.O. have now been depleted and an additional $22,000 is to cover the month to month cost from October 2018 until February 2019. Broadband has provided a Service Order Form, standard Terms and Conditions, and Service Level Agreement between the City and the provider. The City Attorney’s Office has reviewed these documents and approved them as to form. Fiscal Impact: The not to exceed amount of $130,000, which includes estimated taxes and fees, covers a 36-month service commitment with Broadband and the not to exceed amount of $22,000 is to cover month to month service continuation charges due between the period of the October 2018 and the new agreement. This expense has been approved in the Vernon Public Utilities budget for fiscal year 2018-2019 and will be budgeted accordingly in subsequent years. If approved, the expense will be charged to account 057.1057.500173. ATTACHMENTS 1. Resolution Approving and Authorizing the Execution of a Service Level Agreement with Broadband 456 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A SERVICE LEVEL PERFORMANCE AGREEMENT FOR UPSTREAM INTERNET ACCESS SERVICES BY AND BETWEEN THE CITY OF VERNON AND BROADBAND, LLC WHEREAS, the City of Vernon (“Vernon” or the “City”) has installed a fiber-optic cable network around the perimeter of the City and is providing excess inactivated or dark fiber to businesses in the City to enable such businesses to have access to voice, data and/or video services; and WHEREAS, Vernon desires to lease internet bandwidth from internet content providers in order to provide dedicated internet access services to Vernon businesses using Vernon’s fiber optic network infrastructure; and WHEREAS, on August 3, 2005, the City Council of the City of Vernon adopted Resolution No. 8818 approving a Dedicated Internet Access Service Agreement, Bandwidth.Com Internet Access Service Level Agreement and Internet Services Order Form dated on or about August 17, 2005, with Bandwidth.Com, Inc. (“Bandwidth”) for upstream service provider services to assist the City in providing dedicated internet access services to Vernon businesses using Vernon’s fiber optic network infrastructure (collectively, the “Master Agreement” and the aforementioned services, the “Services”); and WHEREAS, on June 5, 2007, the City Council of the City of Vernon adopted Resolution No. 9351, renewing the Master Agreement for the period of July 1, 2007 through June 30, 2008; and WHEREAS, on May 19, 2008, the City Council of the City of Vernon adopted Resolution No. 9620, renewing the Master Agreement for 457 -2 - the period of July 1, 2008 through June 30, 2009; and WHEREAS, on July 13, 2009, the City Council of the City of Vernon adopted Resolution No. 10,016, renewing the Master Agreement for the period July 1, 2009 through June 30, 2010; and WHEREAS, on April 19, 2011, the City Council of the City of Vernon adopted Resolution No. 2011-61, renewing the Master Agreement for an additional twelve (12) months; and WHEREAS, on January 22, 2013, the City Council of the City of Vernon adopted Resolution No. 2013-13 approving an Agreement for Continuation and Upgrade of Dedicated Internet Access Services (the “Continuation Agreement”) with Broadband, LLC, a wholly owned subsidiary of Bandwidth.com, Inc. (“Broadband”), for a period of two years; and WHEREAS, on December 9, 2014, by minute order, the City Council of the City of Vernon approved an agreement for continuation of Services for a three-year period; and WHEREAS, following the end of the term set forth in the Agreement executed on or about December 18, 2014, Broadband continued to provide Services to the City on a month-to month-basis pursuant to the Master Agreement; and WHEREAS, Broadband is one of the City’s two upstream internet service providers that delivers large internet bandwidth circuits to the City’s fiber optic network system; and WHEREAS, having two providers allows the City to deliver commercial internet access services to residences and businesses within the City in a reliable and redundant manner; and WHEREAS, City staff contacted a number of potential providers, namely XO Communications and AT&T, which were unable to 458 -3 - provide firm pricing because the providers wanted to investigate the physical connectivity, prepare construction cost estimates and identify a timeline to deliver the services provided with the request of the City first entering into an agreement; and WHEREAS, this process was not an option for the City given that staff did not know when the services would be delivered and at what cost; and WHEREAS, replacing any of the existing circuits with a new provider’s circuits would have required substantial system downtime and construction of new fiber optic infrastructure from a remote central office leading into the City Hall basement; and WHEREAS, such construction would have reduced the City’s system reliability and potentially created customer service interruptions; and WHEREAS, for those reasons, it was “commercially unreasonable” to procure such telecommunications services through standard bidding or request for proposal procedures; and WHEREAS, meanwhile, the City is currently connected to Broadband’s network; and WHEREAS, historically, Broadband service delivery has met the City’s Internet Access Services reliability requirements in a responsible manner; and WHEREAS, Broadband's proposed Service Level Performance Agreement (the “Agreement”) will allow the City to establish firm monthly rates that are not subject to increases throughout the three- year term of the Agreement; and WHEREAS, the City Council of the City of Vernon has determined that, pursuant to the provisions of Sections 2.17.12(A)(6) 459 -4 - and 2.17.12(B)(1) of the Vernon Municipal Code, neither competitive bidding nor competitive selection is necessary to enter into the Agreement to provide upstream internet access services. 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”) review, because it is a governmental administrative activity that will not have any effect on the environment and is therefore not a “project” as that term is defined by CEQA Guidelines section 15378. SECTION 3: The City Council of the City of Vernon hereby approves the Service Level Performance Agreement with Broadband, LLC, 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 Agreement 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 instructs 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 Agreement attached herein. SECTION 6: The City Council of the City of Vernon hereby 460 -5 - directs the City Clerk, or the City Clerk’s designee, to send a fully executed Agreement to Broadband, LLC. 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 15th day of January, 2019. Name: Title: Mayor / Mayor Pro-Tem ATTEST: Maria E. Ayala, City Clerk APPROVED AS TO FORM: Brian Byun, Senior Deputy City Attorney 461 -6 - 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, January 15, 2019, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of January, 2019, at Vernon, California. Maria E. Ayala, City Clerk (SEAL) 462 EXHIBIT A 463 Service Order Form Change Prepared For: City of Vernon Valid Until: January 18, 2019 Service Address: 4305 Santa Fe Avenue Vernon, CA 90058 Billing Address: 4305 Santa Fe Avenue Vernon, CA 90058 Service:Category:Speed (Mbps) Term (Mo.) Monthly Cost Install Charge Circuit GigE 500.00 / 500.00 36 $2,961.00 $0.00 TOTAL $2,961.00 $0.00 By its signature below, Customer authorizes Broadband, LLC and its affiliates to obtain a credit report(s) from any credit reporting service(s) and to rely on such credit report(s) to evaluate Customer. UPON EXECUTION OF THIS SERVICE ORDER FORM (“SOF”) BY BROADBAND, LLC, THIS SOF CONSTITUES AN AGREEMENT BETWEEN BROADBAND, LLC AND CUSTOMER. RATES AND CHARGES AS SET FORTH ON THIS SOF DO NOT INCLUDE APPLICABLE FEDERAL, STATE, OR LOCAL TAXES, AND ALL USE, SALES, COMMERCIAL, GROSS RECEIPTS, PRIVILEGE, SURCHARGES, OR OTHER SIMILAR TAXES, LICENSE FEES, MISCELLANEOUS FEES, AND SURCHARGES, FOR WHICH CUSTOMER IS RESPONSIBLE. Termination by Customer during any applicable Service Term (as defined in the applicable Terms and Conditions) shall be a Default (as defined in the applicable Terms and Conditions) and will result in liquidated damages as set forth in the applicable Terms and Conditions. By its signature below, Customer certifies that it has reviewed and agrees to be bound by (i) the applicable Terms and Conditions for all Services listed on this SOF, which are posted at: www.broadband.com/legal, and (ii) the Acceptable Use Policy posted at: www.broadband.com/legal, all of which are fully incorporated herein by reference. Customer Acceptance Broadband, LLC Acceptance Name: \n1\Name: Signature: \s1\Signature: Date: \d1\Date: DocuSign Envelope ID: 6181E547-BB08-4BE6-8225-99DA8A1F9D0B Ali Nour In Process 464 Data Installation Guide ·Customers ordering a T1 or NxT1 should expect installation to occur within an average 30-45 business days from the date of order submission by Broadband to the underlying Carrier. ·Customers ordering MPLS, DS3, OCx and Collocation service solutions should expect installation to occur within an average of 60-90 business days from the date of order submission by Broadband to the underlying Carrier(s). ·All order submission will occur only after a completed contract has been presented and received by Broadband and the Customer has been approved for any/all applicable credit. ·It is important to understand that the average times to installation presented above are based on industry standards and Broadband experience. Individual circumstances may dictate that these installation timeframes could be shorter or longer than the aforementioned averages. ·Orders may be expedited and are contingent upon Carrier capability and acceptance. A one-time non-recurring expedite fee will be assessed on a Customer’s invoice. However, payment of this fee by the Customer does not guarantee a specific timeframe or completion date. ·Throughout the installation process a Customer will work with Broadband Installation Specialists and Activation Engineers. The Installation Specialist will manage the installation process up to Service Activation and is responsible for interacting with the Carrier to ensure all milestones are met, escalations and confirming with the Carrier and Customer that contracted service is provisioned correctly. The Activation Engineer is responsible for activating and verifying service. In addition, a web portal is available to monitor installation progress. To properly set expectations, the following general timeline and Customer requirements are being provided for reference. Day 1-3:Order is placed with the Carrier Broadband will place the order with the underlying Carrier for Data service. The following requirements must be met by the Customer prior to order placement: Basic Requirements: ·Accurate address including suite number and onsite phone number ·Valid onsite contact with appropriate phone number ·Main point of entry (MPOE) location where the Local Exchange Carrier (LEC) will deliver service the building (i.e. basement on first floor) ·DMARC location, the actual location within the building where the service is to be delivered (i.e. suite 100) ·Number of IPs desired and completed IP justification form if required by the Carrier Broadband is not responsible for extending the circuit to the DMARC location unless the extension has been explicitly ordered and is listed as a line item on the Broadband Service Order Form (SOF). Unless the DMARC extension is listed on the SOF the circuit will only be delivered to the MPOE (as determined by the LEC) and any extension is the sole responsibility of the Customer. In general, any changes to the above information or to the service order during the installation process could result in delays and additional fees. After the order is placed with the Carrier a Broadband Installation Specialist will contact the Customer point of contact on record and complete an introduction call to review the ordered service solution, address, contact information, and will confirm the Customer has access to the customer portal. DocuSign Envelope ID: 6181E547-BB08-4BE6-8225-99DA8A1F9D0B In Process 465 Day 4-9:Carrier places order with Local Exchange Carrier (LEC) The Installation Specialist will ensure the Carrier has initiated the design an engineering of the circuit so the order can be passed to the LEC. The LEC will then begin the design and engineering of the local loop. Day 10-20:Installation Date (Firm Order Commitment Date) Established The LEC will provide a Firm Order Commitment (FOC) date for installation of the local loop. At this time, if a FOC date has not been established the reason for delay will be relayed to the Customer. Day 21-30:Local Loop is installed (Firm Order Commitment Date) A technician from the LEC will install the local loop to the service location. The following requirements must be met in order for the technician to complete installation: Requirements: A customer contact must be onsite to allow the LEC technician access to the location and telco closet as applicable for an entire business day Day 31-45:Service Activation After the local loop has been installed and the LEC has tested and accepted with the Carrier, the Installation Specialist will schedule an activation appointment with the Customer. The following requirements must be fulfilled prior to the activation appointment: Requirements: ·Space and power must be allocated for all equipment components applicable to Data service and any necessary mounting boards or racks shall be provided by the Customer ·Sufficient power outlets must be available for the power unit which requires a standard 120V AC plug. The power outlet must not be overloaded and must be within 6’ of the Data Router ·Any DMARC extensions not ordered through Broadband must be complete ·All LAN devices and the Data Router must be wired/connected – Broadband does not provide patch cables ·The Data Router requires an operating environment with temperature ranges between 35-85° F and humidity of less than 90%, non- condensing ·The environment must be free of excessive dust ·Customer must call in to Broadband at the scheduled time of the activation appointment The Broadband Activation Engineer will bridge the Carrier on the phone with the Customer and conduct testing to ensure Data service is working properly. Day 60:Service Activation - DS3’s/OCX’s/Ethernet/Colocation/MPLS DS3 and OCX Solutions have an installation interval of 60-90 business days. Actual installation timeline will vary as these solutions may require build outs, special equipment, or other special requirements from the Carrier, LEC, and the Customer. DocuSign Envelope ID: 6181E547-BB08-4BE6-8225-99DA8A1F9D0B In Process 466 The following Data Solutions may have additional requirements and specifications: CO-LOCATION In order to avoid any delays, it is the Customer’s responsibility to inform Broadband prior to order placement on what floor their equipment is located. Customers needs to work with their existing vendors (hosting company / cross connect provider) to determine where the circuit should be terminated and how the circuit shall be provided (i.e. open port on MPOE, open port on Carrier POP, channel on existing facility). In some cases, a CFA/LOA will need to be provided by the Customer. In addition, the Customer is also responsible for ordering the appropriate cross-connect from the MPOE to their equipment. ETHERNET When purchasing an Ethernet solution from a Carrier, it is the Customer’s responsibility to ensure that the Carrier has facilities going to the Customer’s floor. The Customer is responsible for extending this service either from the MPOE or the Telco closet on their floor to their suite if desired. MPLS The Customer must work with Broadband on an implementation plan to ensure the appropriate sites are installed in the order of importance. Customer must also provide their private IP addressing scheme and routing requirements. If the Customer is getting voice, their bandwidth requirements for voice across this network must be understood and provided to Broadband along with QOS requirements so the appropriate settings are implemented on the Carrier’s network. Billing Billing for Data Service will begin no later than two (2) business days after service is deemed ready for Billing and Invoicing by Broadband. Customer failure to promptly schedule and activate the circuit will result in billing beginning before service can be utilized by the Customer. In addition, the Customer is solely responsible for canceling any service with previous Carriers and for updating any email or web hosting IP addresses with the current provider. Broadband does not support email or web hosting applications but can update any email or DNS records once the activation appointment has been completed. Multi-Site Solutions Multi-site solutions such as MPLS are billed site by site and not when all sites are installed. If all sites are ordered at the same time, each site will be billed as they are installed, tested, and accepted by the Carrier, regardless of whether Customer has completed all necessary steps to activate Service or whether other sites in the MPLS network are ready for activation. Move Orders In the event the Customer wishes to move service to a new location Broadband must be notified by an authorized contact by emailing support@Broadband.com a minimum of sixty (60) business days prior to the move. Broadband will coordinate the move of services once the new location is secure, has power, has a backboard or rack for equipment, and a new contract with Broadband has been signed and processed. Please note that Customers that do not have a minimum of twelve (12) months left on their existing contract will be re-termed for one (1) year upon completion of the move. The general timeframe for Data service move orders is the same as the timeline noted above. Termination Upon termination of the Service Agreement and/or the Service(s) not due to default, Broadband LLC. will disconnect, or will cause to be disconnected, the Service(s) if notified by the Customer in writing via email to support@broadband.com with no less than forty calendar (40) days notice prior to termination of the Agreement and/or Service(s). DocuSign Envelope ID: 6181E547-BB08-4BE6-8225-99DA8A1F9D0B In Process 467 Customer Care & Support Contact Information ·Phone: 800-409-4357 ·Email: support@Broadband.com Sales Contact Information ·Please contact your sales representative directly or email sales at sales@broadband.com Customer Acceptance Customer acknowledges that the preceding installation timeline is provided as a general timeline only and that Broadband does not guarantee any specific date or timeframe for installation. Customer has read all of the requirements and specifications for Data service installation. Customer further acknowledges that failure to meet any requirement or specification may result in delays in the installation process. Customer further acknowledges that Billing/invoicing for Data Service(s) will begin no later than two (2) business days after service is deemed ready for activation by Broadband and that Multi-site solutions such as MPLS are billed site by site and not when all sites are installed. By signing below, Customer signatory certifies that (s)he is an officer or certified representative of the above listed Company authorized to enter into a binding agreement(s) on behalf of said company and affirmed by seal below as of the date below. Customer Acceptance Broadband, LLC Acceptance Name: \n1\Name: Signature: \s1\Signature: Date: \d1\Date: DocuSign Envelope ID: 6181E547-BB08-4BE6-8225-99DA8A1F9D0B Ali Nour In Process 468 Page 1 BANDWIDTH.COM, INC. - Proprietary & Confidential Information Terms and Conditions – Updated September 2011       TERMS  AND  CONDITIONS     These Service Terms and Conditions (the “Terms and Conditions”) apply to the Services (as defined below) described in the Service Order Form (“SOF”) by and between Bandwidth.com, Inc. (“Provider”) and the customer named in the SOF (“Customer”). Provider may amend these Terms and Conditions from time to time by posting an amended version at www/broadband.com/legal/terms and sending Customer written notice thereof. Such amendment will be deemed accepted and become effective thirty (30) days after such notice (the “Proposed Amendment Date”) unless Customer first gives Provider written notice of rejection of the amendment. If Customer rejects such amendment, these Terms and Conditions will continue pursuant to its original provisions and the amendment will become effective at the commencement of the next Renewal Term (as defined below) following the Proposed Amendment Date. Customer’s continued use of the Services following the effective date of an amendment will confirm Customer’s consent thereto. 1. Service Description. Provider will provide Customer with the Services described in the SOF for the Service Term so long as no Default (as defined below) has occurred. Customer has the sole and exclusive responsibility for the installation, configuration, security (including, without limitation, firewall security policies, even if Customer uses a third party to configure and implement such measures), and integrity of all Customer facilities, systems, equipment, proxy servers, software, networks, network configurations and the like (the “CPE”) used in conjunction with or related to the Services provided by Provider, unless Customer obtains such CPE from Provider pursuant to a written agreement between Customer and Provider and Provider expressly assumes any of such duties in writing. 2. Service Activation Date. The “Service Activation Date” means the date two (2) business days after Provider deems the applicable Services ready for activation, which customarily will follow Provider’s receipt of confirmation from any applicable underlying carrier(s) that the Services are ready for activation; provided, however, with respect to MPLS Services (as defined below) only (as identified on the SOF), the “Service Activation Date” means the earlier of (i) the date two (2) business days after Provider deems the Services ready for activation, which customarily will follow Provider’s receipt of confirmation from any applicable underlying carrier(s) that the Services are ready for activation; and (ii)  the  date  the  Service  is  successfully  activated  by  the  underlying  carrier  and  confirmed  tested  and  accepted  by  Customer  and   Provider. Provider will notify Customer (via phone, email or other means) of the Service Activation Date. For clarity, the Service Activation Date established by Provider will apply regardless of whether Customer has completed all necessary steps to activate the Services. 3. Service Term. The initial Service Term will be as specified in any applicable SOF (the “Initial Service Term”). The Initial Service Term will automatically extend thereafter upon the same terms and conditions applicable during the Initial Service Term for additional consecutive term(s) of one (1) year unless earlier terminated pursuant to these Terms and Conditions or unless either party provides notice of nonrenewal to the other at least sixty (60) days prior to the expiration of the then existing Service Term. 4. Service Availability. Provider may from time to time interrupt or otherwise impact Services for routine maintenance. Provider will make commercially reasonable efforts to provide to Customer reasonable advance notification (via phone, email or other means) of such maintenance. Provider will use commercially reasonable efforts to perform such maintenance in a manner that will not unreasonably interrupt Services. Provider normally will perform maintenance between the hours of 11:30 PM and 6:00 AM Eastern. If Provider determines that emergency maintenance is necessary for any reason, Provider will make commercially reasonable efforts to notify Customer with respect to the anticipated down-time and/or other information pertinent to the affected Services. 5. Service Support. Provider provides support for the Services only as described at www.broadband.com/legal/support pursuant to any applicable Service Level Agreement (“SLA”) posted at www.broadband.com/legal/SLA. NOTWITHSTANDING ANY TERM OF THESE TERMS AND CONDITIONS OR ANY APPLICABLE SLA TO THE CONTRARY, PROVIDER DOES NOT SUPPORT ANY SERVICES BEYOND THE PROVIDER POINT OF DEMARCATION, DEFINED AT WWW.BROADBAND.COM/LEGAL/SUPPORT. 6. Applicable Only If Customer Leases CPE from Provider: If  Customer  installation  is  required,  then  Customer  must  install  such  leased   CPE  in  accordance  with  instructions  provided  by  Provider  (or  its  third  party  vendor).    Such  CPE  must  be  used  solely  to  utilize  Services.     Customer  acknowledges  and  agrees  that  Provider  retains  title  to  such  CPE  at  all  times  and  will  not  remove  or  modify  any  marking   indicating  Provider’s  ownership  of  such  CPE.    Customer will allow Provider reasonable access to the CPE as required to provide the CPE and/or any applicable Services. Customer acknowledges and agrees that any such leased CPE may be new or recertified. CPE leased by Customer from Provider may be covered under a limited warranty provided by any applicable manufacturer or provider, which Provider will extend to Customer without charge to the extent Provider can do so pursuant to Provider’s agreements with any applicable manufacturer or provider; however, Provider provides no warranty with respect to any such leased CPE (and/or CPE provider service). Customer will reimburse Provider, on a time and materials basis, for Provider’s entire cost to repair and/or replace any such CPE in the event of (a) misuse, (b) failure to exercise reasonable care, (c) alteration of the original configuration of such CPE by Provider, (d) damage, (e) theft, or (f) disaster. If such CPE requires maintenance not caused by one of the events set out in the preceding sentence, Provider (or its agents) will either arrange to repair such CPE at Customer’s premises or ship an equivalent pre-configured replacement to Customer. If Provider ships replacement CPE to Customer at any time, Customer will return, at Customer’s cost and expense, the replaced CPE to Provider not later than ten (10) days immediately after Customer’s receipt of the replacement CPE or pay for such replaced CPE. Customer will not receive any compensation or credit for any 469 Page 2 BANDWIDTH.COM, INC. - Proprietary & Confidential Information Terms and Conditions – Updated September 2011 downtime or outages associated with the replacement or repair of any such CPE. Upon expiration or termination of these Terms and Conditions and/or any applicable SOF for any reason, Customer will return, at Customer’s cost and expense, to Provider any leased CPE not later than ten (10) days immediately after the expiration or termination of these Terms and Conditions and/or any applicable SOF. Customer is responsible for all risk of loss and damage to CPE being shipped to Provider pursuant to this Section 6. If Customer fails to return such leased CPE in good working condition to Provider not later than thirty (30) days immediately after the expiration or termination of the Service Term, Provider will charge Customer (and Customer agrees to pay Provider) the greater of $5,000.00 or the commercial value of such CPE, which amount represents the agreed-upon value of the CPE. If Customer terminates any applicable lease of any CPE prior to the expiration or termination of any applicable Service Term, in addition to any amounts otherwise due and payable pursuant to the terms and conditions of such lease, Provider may charge Customer a restocking fee equal to twenty percent (20%) of the original purchase price of such leased CPE. Notwithstanding any terms or conditions of any SLA to the contrary, except as otherwise expressly provided in this Section 6, Provider does not maintain, support or manage any CPE, which will be the obligation of Customer solely. Customer is solely responsible for unauthorized access to or use of any Services by any third-party through CPE, regardless of whether such unauthorized access is unintentional, accidental, intentional or fraudulent and regardless of whether Customer had knowledge of such unauthorized access. 7. Applicable Only If Customer Purchases CPE from Provider: CPE purchased by Customer from Provider may be covered under a limited warranty provided by any applicable manufacturer or provider, which Provider will extend to Customer without charge to the extent Provider can do so pursuant to our agreements with any applicable manufacturer or provider; however, Provider provides no warranty with respect to any such purchased CPE (and/or CPE provider service). All sales of CPE purchased by Customer from Provider are final; provided, however, if Customer receives purchased CPE that is damaged or nonfunctional upon arrival, (i) within ten (10) days of receipt of such damaged or nonfunctional CPE, Customer must notify Provider via email to Customer Care at customercare@broadband.com to request an RMA; (ii) Provider only will accept returns of any such damaged or nonfunctional products within thirty (30) days of the date of the shipment to Customer by Provider; (iii) any such damaged or nonfunctional CPE timely returned to Provider by Customer must be fully complete, including all original manufacturer boxes with the UPC code and packing materials, all manuals, blank warranty cards, accessories and any other documentation included with the original shipment to Customer; (iv) Provider will not accept CPE returned in used or altered condition; (v) Customer is solely responsible for all costs and expenses connected to the shipment to Provider of any such damaged or nonfunctional products shipped to Provider pursuant to this Section 7; (vi) Customer is responsible for all risk of loss and damage to products being shipped to Provider pursuant to this Section 7; and (vii) if Provider determines that the CPE operates within manufacturer specifications upon return pursuant to any applicable RMA, the affected CPE will be returned to Customer at Customer’s sole cost and expense, the sale of such CPE will remain final, and Provider may charge Customer a restocking fee equal to twenty percent (20%) of the original purchase price of such CPE. Notwithstanding any terms or conditions of any SLA to the contrary, except as otherwise expressly provided in this Section 7, Provider does not maintain, support or manage any CPE, which will be the obligation of Customer solely. Customer is solely responsible for unauthorized access to or use of any Services by any third-party through CPE, regardless of whether such unauthorized access is unintentional, accidental, intentional or fraudulent and regardless of whether Customer had knowledge of such unauthorized access. 8. Applicable Only If Customer Obtains Managed Network Services Pursuant to Any Applicable SOF: “Managed Network Services” are Services that may be specified in writing as “Managed Network Services” pursuant to any applicable SOF and is a solution in which the Internet access CPE (whether provided by Customer or Provider) is managed by Provider. If Customer chooses to provide its own Internet access CPE, Customer hereby assigns full operational management responsibility, including, but not limited to, full management of the logical configuration for such CPE, solely to Provider. Except as expressly provided in any applicable SOF, no Managed Network Services apply. 9. Applicable Only If Customer Obtains Professional Services Pursuant to Any Applicable SOF: “Professional Services” are any services that may be specified in writing as “Professional Services” pursuant to any applicable SOF and is a service in which Provider provides certain professional services to Customer as specified in such SOF. Except as expressly provided in any applicable SOF, no Professional Services apply. All Professional Services will be provided by phone, email or other similar means from Provider’s facilities. 10. Billing and Payment. Unless the terms and conditions of any applicable SOF provide for prepayment to Provider by Customer with respect to any applicable Service(s), Customer will pay for all Service(s) not later than the date fifteen (15) calendar days immediately after the invoice date reflected on Provider’s invoice (“Due Date”). Provider will bill Customer, and Customer will pay, for Services at the rates stated in any applicable SOF, including, without limitation, any applicable MRC and/or NRC, as well as any other charges or amounts as described in the SOF and/or these Terms and Conditions. After any applicable Initial Service Term, Provider may increase any applicable rates, including, without limitation, any applicable MRC and/or NRC, upon at least thirty (30) days written notice to Customer; provided, however, Provider may at any time pass on to Customer any circuit price increases from any applicable underlying carrier(s) upon at least thirty (30) days written notice to Customer. Bills and/or charges will include all applicable federal, state, and local taxes; all such taxes, and all use, sales, commercial, gross receipts, privilege, surcharges, or other similar taxes, license fees, surcharges and miscellaneous fees, including but not limited to regulatory fees such as Universal Service Fund and including, without limitation, any cost recovery fee which shall represent an accurate and non-inflated recovery of Provider’s, or any underlying provider’s, miscellaneous tax, surcharge, and fee payments to federal, state or local governmental authorities associated with the provision of Services by Provider to Customer pursuant to these Terms and Conditions and/or any applicable SOF (“Taxes” and “Fees” or together “Taxes and Fees”), whether or not charged to or against Provider, will be payable by Customer. However, if Customer provides proof of its exempt status for a specific Tax or Fee, Provider will not charge the applicable Tax or Fee due to such exemption. If applicable, Customer will supply Provider a valid and properly executed tax exemption certificate(s) in the form of an email (with supporting attachments) sent to customercare@broadband.com with “Notice of Tax Exempt Status” in the subject line of the email. In such cases Customer remains responsible for, and agrees to pay, any and all remaining non-exempt Taxes and Fees; tax exemption status validation is solely the responsibility of Customer and Provider will not be obligated to consider any retroactive tax exemption. In the event of any Regulatory Activity, Provider reserves the right, at any time with as much advance notice as reasonably possible and without liability, to: (i) 470 Page 3 BANDWIDTH.COM, INC. - Proprietary & Confidential Information Terms and Conditions – Updated September 2011 pass through to Customer all, or a portion of, any Taxes and Fees directly or indirectly related to such Regulatory Activity; (ii) modify the Services, rates (including any applicable rate guarantees), promotions, terms and/or conditions of these Terms and Conditions and/or any applicable SOF to conform to such Regulatory Activity; and/or (iii) if such Regulatory Activity materially and adversely impairs the provision of Services pursuant to these Terms and Conditions and/or any applicable SOF, as reasonably determined by Provider, terminate these Terms and Conditions, any applicable SOF and/or the provision of any applicable Services. Provider will commence billing for all MRC and any other charges pursuant to these Terms and Conditions and/or any applicable SOF on any applicable Service Activation Date. Except as expressly provided in any applicable SOF, the MRC applicable to any applicable Service for the first and second calendar months immediately following the applicable Service Activation Date (and any then applicable NRC) will be billed upon the Service Activation Date. If applicable, the MRC applicable to any applicable Service for the first partial calendar month immediately following the applicable Service Activation Date will be pro rated and billed accordingly. Thereafter, the applicable MRC for each calendar month (and any applicable NRC) will be billed on or about the first day of such calendar month. Time is of the essence with respect to any amounts due or payable pursuant to these Terms and Conditions and/or any applicable SOF. After fifteen (15) days of non-payment after the Due Date, all fees will accrue interest at a rate of one and one-half percent (1.5%) per month or any part thereof, or the highest rate allowed by applicable law, and Customer will pay all collection costs incurred by Provider (including, without limitation, reasonable attorney’s fees). If, at any time after any applicable Due Date for any applicable bill, Customer has failed to make satisfactory payment as determined by Provider, Provider may give Customer written notification (by email or otherwise), that Customer has committed a Default of these Terms and Conditions and/or any applicable SOF. Provider will provide the “Notification of Default” at least two (2) business days prior to Provider’s suspension or termination of any applicable Service for such Customer. Customer must pay all outstanding amounts payable to Provider pursuant to these Terms and Conditions and/or any applicable SOF within such two (2) business day period to avoid suspension or termination of any applicable Service. If Provider terminates any applicable Service for such Customer due to non-payment pursuant to these Terms and Conditions and/or any applicable SOF, then, in addition to any other amounts then due and payable by Customer to Provider, Customer also will be obligated to pay to Provider the fees described in these Terms and Conditions and/or any applicable SOF. Upon termination of these Terms and Conditions and/or any applicable SOF(s), then Provider may collect from Customer: (i) all amounts due and payable pursuant to these Terms and Conditions, including, without limitation, any document incorporated by reference into these Terms and Conditions, for Service(s) provided prior to such termination, including, without limitation, any past due balance at the time of such termination, and/or the remainder of the Service Term; (ii) the total of all minimum commitments for any Service(s) for the remainder of the Service Term applicable pursuant to any applicable SOF(s); (iii) any early termination charges, if any, specified in any applicable SOF(s) or any other document or agreement between Customer and Provider; and (iv) if such termination arises pursuant to any Default, any non-recurring charges previously waived at any time by Provider. Customer acknowledges and agrees that the damages arising due to the early termination of this Agreement would be difficult to determine and, therefore, for the sake of efficiency, economy and convenience, any early termination charges constitute liquidated damages and are not intended as a penalty or to be punitive in nature. Upon the occurrence of a Default (other than for nonpayment as provided above), Provider may immediately suspend or terminate any applicable Service for such Customer. Provider may, at any time and in its sole discretion: (i) require a security deposit to continue provisioning any applicable Service to Customer pursuant to these Terms and Conditions and/or any applicable SOF, if Customer’s level of approved credit, as determined by Provider in its sole discretion, is deemed insufficient, as determined by Provider in its sole discretion; (ii) change payment terms, billing cycle, and/or any applicable Due Date(s); (iii) demand immediate payment by wire or other means and discontinue any applicable Service for Customer without notice to Customer if Customer’s level of approved credit, as determined by Provider in its sole discretion, is deemed insufficient, as determined by Provider in its sole discretion; and/or (iv) immediately block Customer’s access to or use of any applicable Service if a Customer’s pre-paid balance is depleted, or Customer otherwise refuses to make any reasonably requested payments. Provider retains the right to bill, including, without limitation, amend or correct any bill previously issued, for any applicable Service provided pursuant to these Terms and Conditions and/or any applicable SOF, for a period of up to twelve (12) months, commencing from the date of the provision of any applicable Services to Customer. Provider will retain such billing rights for such twelve (12) month period notwithstanding any prior billing to Customer for the same period(s) and regardless of any otherwise conflicting billing conditions in these Terms and Conditions and/or any applicable SOF. For the duration of such twelve (12) month period, Provider will not be deemed to have waived any rights with regard to billing for any applicable Service provided pursuant to these Terms and Conditions and/or any applicable SOF during such period, nor will any legal or equitable doctrines apply, including estoppel or laches. Unpaid bills and/or charges may be sent to third party collection agencies. 11. Billing Disputes. If Customer disputes any amounts charged to Customer by Provider pursuant to these Terms and Conditions and/or any applicable SOF, Customer will pay in full all charges billed by any applicable Due Date and thereafter submit written notification, within thirty (30) calendar days of the date of the disputed charges, in the form of an email sent to customercare@broadband.com with “Notice of Billing Dispute” in the subject line of the email. Such email notification must include Customer’s complete contact information, the specific dollar amount in dispute, detailed supporting calculations and reasons for the dispute, and any supporting documentation, if available, in the body of or attached to, the email. Provider will respond to Customer, in writing, within thirty (30) calendar days immediately after receipt of from Customer of any such notice of billing dispute. Any dispute resolved in favor of Customer will be credited as appropriate to the next bill issuable by Provider pursuant to these Terms and Conditions and/or any applicable SOF. If Provider determines that any disputed amounts are correct as billed pursuant to these Terms and Conditions and/or any applicable SOF, Provider will notify Customer in writing that the charges have been deemed valid and legitimate, and the dispute will be considered resolved by both parties; if, for any reason, any amount(s) remain due from Customer related to such dispute, then all such amounts will be due and payable immediately. Provider reserves the right to deny or delay any and all billing disputes and/or credits if Customer’s account is in arrears or otherwise not in good standing. 12. Resumption of Service. If Customer requests the restoration of any applicable Service to such Customer after a suspension or termination, Provider has the sole and absolute discretion to restore any applicable Service to such Customer and may condition restoration upon satisfaction of such conditions as Provider determines necessary, including, without limitation, Customer’s execution or delivery of a new agreement, payment of all past due amounts in full, completion of Provider’s credit approval process, and/or the making of advance payments. Additional NRC also may apply. 471 Page 4 BANDWIDTH.COM, INC. - Proprietary & Confidential Information Terms and Conditions – Updated September 2011 13. Additional NRC and Usage Charges. General. Provider also may invoice Customer for the following NRCs: (i) Changes of IP Addresses: $100.00; (ii) Service Reinstatement / Resumption Fee: $200.00 (plus any charges imposed by underlying carrier(s) and/or pursuant to Section 12 above); (iii) Missed Appointment Fee: $200.00; (iv) Rejected Credit Card/Unpaid Check: $40.00 (or legal limit, if lower); (v) Relocation Fee: varies upon address; (vi) Upgrade Charge: varies upon specific upgrade requested; and (vii) Downgrade Charge: varies upon specific downgrade requested. Inside Wiring. The availability of inside wiring installation is dependent upon a number of factors, including, without limitation, any applicable service address and/or LEC availability. Any inside wiring provided by Provider’s underlying carrier(s) may incur additional fees to the charges listed in the SOF. Any request for inside wiring or wiring extension for any applicable Services will be provided on a best-effort basis only. In many cases, Customer's LEC will not extend wiring beyond the Minimum Point of Entry (“MPOE”) as determined by the LEC. In all such cases, Customer will provide any needed internal wiring or extensions (and required conduit, facilities, power, etc.) to the circuit required to provision service unless Provider has agreed in writing to provide this service to Customer. Special Construction Charge. When a Customer’s location has insufficient facilities needed to support any applicable Service, the underlying carrier(s) may add facilities that may impose an additional “special construction charge" or other similar charge. If this occurs, Provider will notify Customer (via phone, email or other means) of the cost of these additional special construction charges, if available and if any, as well as the estimated time to complete the construction. Customer must agree in writing to pay these additional special construction costs within three (3) business days. If Customer fails to do so, Provider will cancel the SOF for lack of facilities and the SOF will terminate without liability to either Customer or Provider. Miscellaneous Charges. Miscellaneous charges and/or fees imposed by any third party carrier or any underlying provider from time to time, whether charged to or against Provider, will be payable by Customer, including, without limitation, any cost recovery fee which shall represent an accurate and non-inflated recovery of the miscellaneous charges and/or fees to or against Provider associated with the provision of Service(s) by Provider to Customer. Usage  Charges  (Applicable  to  Burstable  Dedicated  Internet  Access  Service  Only):    Additional  usage  charges  stated  in  any  applicable  SOF   will  be  calculated  based  on  Customer’s  monthly  usage,  which  Provider  will  calculate  as  follows:  Provider  will  take  usage  samples   approximately  every  five  (5)  minutes  throughout  the  applicable  month  and  will  retain  the  higher  of  two  (2)  samples  taken  during  each   five  (5)  minute  period  –  one  (1)  sample  that  will  reflect  inbound  usage  /  utilization  and  one  (1)  sample  that  will  reflect  outbound  usage   /  utilization.    At  the  end  of  the  applicable  billing  period,  the  samples  will  be  arranged  from  highest  to  lowest.    Provider  will  discard  the   top  five  percent  (5%)  of  the  samples  for  the  purposes  of  calculating  Customer’s  monthly  usage.    Provider  will  utilize  the  highest   remaining   sample  (i.e.,   the  ninety-­‐fifth  percentile   (95%)   peak   Mbps   port   utilization)   (the   “Mbps  Port  Utilization”)   to   calculate   Customer’s  monthly  usage.    Provider  will  measure  the  Mbps  Port  Utilization  to  the  100th  decimal  place,  but  the  invoice  will  reflect  the   Mbps  Port  Utilization  only  to  the  10th  decimal  place.    Provider  will  multiply  the  Mbps  Port  Utilization  by  the  per-­‐Meg  rate  listed  on  any   applicable  SOF  to  calculate  any  applicable  additional  usage  charges.    Provider  will  charge  Customer  such  additional  usage  charges  as   well  as  any  applicable  base  rate  provided  in  any  applicable  SOF.         14. IP Addresses. Customer acknowledges that Provider retains title at all times to the IP addresses assigned to Customer in connection with any Service. Upon IP address reassignment or expiration, cancellation or termination of these Terms and Conditions and/or any applicable SOF, Customer will relinquish any IP addresses or address blocks assigned to Customer by Provider or its underlying carrier(s) and will perform all acts reasonably requested by Provider to return to Provider full use of such IP addresses and address blocks. 15. Default. Upon the occurrence of a Default, Provider may, in addition to delivering an Escalation Notice pursuant to Section 19(a) below: (i) suspend Provider’s performance of any or all Services without liability or further obligation immediately; (ii) terminate any or all SOF(s) without liability or further obligation immediately upon written notification of termination to Customer; and/or (iii) terminate these Terms and Conditions and/or any applicable SOF without liability or further obligation immediately upon written notification of termination to Customer. Upon the occurrence of a Default, the following fees will apply, which Customer acknowledges and agrees are customary and reasonable and do not constitute a penalty or premium: (a) any amounts due pursuant to these Terms and Conditions and/or any applicable SOF incurred prior to such termination, (b) any amounts due pursuant to any applicable SOF with respect to any applicable Service, including, without limitation, the total of any applicable monthly minimum commitments for any Services provided hereunder for the remainder of the applicable Service Term and any other fees included in any applicable SOF, and (c) any NRC previously waived by Provider. All remedies expressed in this Agreement are without exclusion as to any rights or remedies that the parties may have under this Agreement or which may be recognized under controlling law. 16. Termination by Provider. In addition to any other right that Provider may have to terminate or suspend these Terms and Conditions and/or any applicable SOF, if Provider determines, in its sole discretion, that Customer’s ongoing use of any or all Services, and/or the specific method or technology utilized by Customer places the network operated by Provider, other customers, partners or the overall business(es) of each in jeopardy, Provider reserves the right to terminate these Terms and Conditions and/or any applicable SOF and Customer’s access to any or all applicable Services immediately and without notification. 17. Acceptable Use Policy. All use of any Services must comply with Provider’s Acceptable Use Policy, which is posted at www.broadband.com/legal/AUP, and is incorporated herein by reference. By using any Services, Customer agrees to comply with the AUP, as 472 Page 5 BANDWIDTH.COM, INC. - Proprietary & Confidential Information Terms and Conditions – Updated September 2011 modified by Provider from time to time in Provider’s sole discretion. Any amendment to the AUP will be effective immediately upon the posting of the modified AUP at www.broadband.com/legal/AUP. Violation of the AUP by Customer will constitute a Default pursuant to this Agreement. 18. License; Intellectual Property. (a) Subject to Customer’s compliance with these Terms and Conditions and/or any applicable SOF, Provider grants Customer a non- exclusive, non-transferable license to use any Electronic Tools provided by Provider from time to time solely in connection with Customer’s use of any Services during the Service Term. Such Electronic Tools may be incorporated into, and may incorporate itself, software and other technology owned or controlled by third parties. Any such third party software or technology incorporated in any such Electronic Tools falls under the scope of these Terms and Conditions. Any and all other third party software will be subject to Customer’s acceptance of a license agreement with such third party. Customer will use such Electronic Tools solely for lawful purposes in connection with Customer’s use of Services during the Service Term. Customer will not, directly or indirectly: (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of any such Electronic Tools; (ii) modify, translate or create derivative works based on any such Electronic Tools; (iii) rent, lease, distribute, sell, resell, assign, display, host, outsource, disclose or otherwise commercially exploit or otherwise transfer rights to any such Electronic Tools or make any such Electronic Tools available to any third party; (iv) use any such Electronic Tools for timesharing or service bureau purposes or otherwise for the benefit of a third party; (v) remove any proprietary notices or labels on any such Electronic Tools; or (vi) copy, reproduce, post or transmit any such Electronic Tools in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording or other means. (b) Any such Electronic Tool each is the Intellectual Property of Provider. Customer will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on or in connection with any such Electronic Tool. Any third party Intellectual Property included in any such Electronic Tool is the property of the respective owner of such Intellectual Property and may be protected by applicable law. Nothing in these Terms and Conditions and/or any applicable SOF gives Customer any right or license to any trademarks and/or trade names (whether registered or unregistered), signs, logos, icons, slogans, banners, screen shots, trade dress, links or other brand features of Provider without the prior written consent of Provider, which consent may be withheld in the sole discretion of Provider for any reason. If Customer from time to time provides suggestions, comments and/or other feedback to Provider with respect to any such Electronic Tool, Provider may, in connection with any of its products or services, freely use, copy, disclose, license, distribute and/or exploit any such suggestions, comments and/or other feedback in any manner and without any obligation or restriction based on intellectual property rights or otherwise. Provider will retain sole ownership of any such suggestions, comments and/or other feedback and Customer will not provide any such suggestions, comments and/or other feedback subject to any terms that would impose any obligation on Provider or any of its customers or partners. 19. Dispute Resolution Process and Applicable Law. (a) It is the mutual desire of the parties to promptly and fully resolve any dispute arising in connection with these Terms and Conditions and/or any applicable SOF in good faith, confidentially, and informally with minimal transaction costs; no public statement may be made by any party regarding any such dispute. If either party determines that the dispute cannot be resolved informally, then such party will initiate an escalation process by giving written notice (“Escalation Notice”) to the other party. Each party will name one executive as its representative, to be a person knowledgeable of the subject matter in dispute and someone with authority to discuss the dispute (“Officers”). The Officers will meet in person or by conference call, together with any persons assisting them, within fifteen (15) days after delivery of the Escalation Notice. All negotiations conducted by the Officers are confidential and will be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and any state rules of evidence. The Officers will conduct such additional meetings as they deem necessary to exchange relevant information, will appoint staff to engage in resolution of any disputed facts, and will attempt to resolve the dispute. Should the Officers be unable to resolve the dispute within such fifteen (15) days, or within such additional time as the parties may otherwise agree to in writing, either party may demand mediation, whereupon the parties will, in good faith, mediate the dispute no later than thirty (30) days after such demand through the services of a mutually selected mediator, the cost of whom will be borne equally by the parties, at a date and location selected by the mediator after consultation with the parties. IF THE DISPUTE IS NOT RESOLVED AFTER APPLYING THE ESCALATION PROCEDURES SET FORTH ABOVE, THE PARTIES AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY JUDICIAL PROCEEDING ARISING UNDER OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, AND AGREE TO SUBMIT ALL CONTROVERSIES, CLAIMS AND MATTERS OF DIFFERENCE TO ARBITRATION ACCORDING TO THE COMMERCIAL RULES AND PRACTICES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). Arbitration hereunder will occur within sixty (60) days of the date of submission before a single neutral arbitrator having significant experience in the subject matter of this Agreement and who will selected in accordance with AAA rules. Arbitration proceedings will take place in Wake County, North Carolina. Discovery will be permitted, including the use of interrogatories, requests for admission and production of documents and depositions. If the amount claimed to be in dispute is less than $500,000, all applicable expedited procedures of the AAA will apply. The arbitrator’s fees and costs of the arbitration will be borne by the party against whom the award is rendered, except that if the arbitrator issues a split decision, granting partial relief to both parties, the arbitrator will equitably allocate the arbitrator’s fees and other costs. Each party will pay its attorney’s fees related to any dispute related to this Agreement. The arbitration award will be final and binding on both parties of this Agreement, will not be subject to any appeal and will be enforceable in any court of competent jurisdiction. (b) ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS ACTION OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. CUSTOMER WILL NOT BE A CLASS 473 Page 6 BANDWIDTH.COM, INC. - Proprietary & Confidential Information Terms and Conditions – Updated September 2011 REPRESENTATIVE, CLASS MEMBER OR OTHERWISE PARTICIPATE IN A CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. (c) This Agreement will be governed by, construed under and enforced in accordance with the laws of the State of North Carolina without reference to its choice of law principles or the United Nations Convention on the International Sale of Goods. In the event any party brings a civil action or initiates judicial proceedings of any kind related to this Agreement (except for actions to enter or collect on judgments), the parties consent to the exclusive personal jurisdiction and venue of the federal and state courts located in Wake County, North Carolina and the prevailing party will be entitled to recover its costs, including reasonable attorney’s fees. 20. Limitation of Liability. EXCEPT AS PROVIDED IN SECTION 21 BELOW, IN NO EVENT WILL PROVIDER OR CUSTOMER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF OR IN RELATION TO THE SERVICES, CPE, AND/OR ANY PRODUCTS OR SERVICE PROVIDED BY THIRD PARTIES UNDER THESE TERMS AND CONDITIONS AND/OR ANY APPLICABLE SOF. PROVIDER’S MAXIMUM LIABILITY UNDER THESE TERMS AND CONDITIONS AND/OR ANY APPLICABLE SOF IS LIMITED TO SERVICE CREDITS NOT TO EXCEED THE FEES PAID TO PROVIDER BY CUSTOMER FOR THE APPLICABLE SERVICE PROVIDED DURING THE PRECEDING TWELVE (12) CALENDAR MONTHS. 21. Indemnity. Customer will indemnify and hold harmless Provider and its stockholders, directors, officers, employees, agents, licensors, representatives and affiliates from and against any and all actual or alleged losses, costs, claims, liability of any kind, damages (including to any tangible property or bodily injury to or death of any person), or expense of whatever nature, (including reasonable attorneys' fees) to or by any third party, relating to or arising from (a) the use of any Services provided to Customer, whether or not Customer has knowledge of or has authorized access for such use, (b) any damage to or destruction of CPE or equipment not caused by Provider or its agents, and (c) any breach of these Terms and Conditions and/or any applicable SOF by Customer. Customer will be solely responsible for implementing any installation, configuration, and/or connection of any CPE and has the sole and exclusive responsibility for the security and integrity of such CPE, if any. Customer therefore will indemnify and hold harmless Provider and its stockholders, directors, officers, employees, agents, licensors, representatives and affiliates from and against any actual or alleged losses, costs, claims, liability of any kind, damages, or expenses or fees (including reasonable attorneys' fees) on the part of or which may be incurred by Customer or a third-party relating to or arising from the use or operation of CPE. Customer’s indemnification in this Section 21 includes any actual or alleged losses or claims in connection with unauthorized access to or use of any Services by any third-party through CPE, regardless of whether such unauthorized access is unintentional, accidental, intentional or fraudulent and regardless of whether Customer had knowledge of such unauthorized access. In all such cases of unauthorized access through or to CPE, Customer retains full and sole responsibility for any and all charges for the use of any Services as otherwise provided in these Terms and Conditions and/or any applicable SOF. If Provider grants Customer access to any Electronic Tools, Customer agrees that it is fully and exclusively responsible for all information accuracy, charges, costs, transactions, and activities conducted through such Electronic Tools. Customer agrees that it is fully and exclusively responsible to safeguard, monitor, manage, and maintain access by any Electronic Tools, and to only allow authorized use of such Electronic Tools to Customer’s Administrator(s) or Account Administrator, as the case may be. Customer will indemnify and hold harmless Provider and its stockholders, directors, officers, employees, agents, licensors, representatives and affiliates from and against any actual or alleged losses, costs, claims, liability of any kind, damages, or expenses or fees (including reasonable attorneys' fees) on the part of or which may be incurred by Customer, or a third-party, relating to or arising from the use or operation of Electronic Tools, including, without limitation, any actual or alleged losses or claims in connection with unauthorized access to, use, transactions, or activity conducted through the Electronic Tools, regardless of whether such unauthorized access is unintentional, accidental, intentional, or fraudulent, and regardless of whether Customer had knowledge of such unauthorized access. In all such cases of unauthorized access through or by Electronic Tools, Customer retains full and sole responsibility for any and all charges for the use of any Services as otherwise provided in these Terms and Conditions and/or any applicable SOF. 22. No Warranties and Customer Assumption of Risk. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN AN APPLICABLE SLA, ANY APPLICABLE SERVICE AND ANY CPE, EQUIPMENT, AND/OR RELATED SERVICES EACH IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EACH OF PROVIDER, ITS AFFILIATES, SUPPLIERS AND, IF APPLICABLE, RESELLERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF NON- INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PROVIDER, ITS AFFILIATES, SUPPLIERS AND, IF APPLICABLE, RESELLERS DO NOT WARRANT THAT ANY FUNCTIONS OF ANY SERVICES, ANY CPE, EQUIPMENT, AND/OR RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVICES (OR ANY SERVER THAT MAKES ANY SERVICES AVAILABLE) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROVIDER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF ANY SERVICES OR ANY ELECTRONIC TOOL IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, UNAUTHORIZED ACCESS BY THIRD PARTIES OR OTHERWISE. CUSTOMER (AND NOT PROVIDER) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. CUSTOMER ACKNOWLEDGES THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF ANY SERVICES AND/OR ELECTRONIC TOOL IS AT CUSTOMER’S SOLE RISK AND DISCRETION AND PROVIDER WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER OR CUSTOMER’S PROPERTY. CUSTOMER HEREBY EXPRESSLY ASSUMES THE RISK OF ITS USE OF ANY INFORMATION TRANSMITTED VIA ANY SERVICES AND/OR ANY ELECTRONIC TOOL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM PROVIDER, ITS EMPLOYEES OR THROUGH OR FROM ANY SERVICE AND/OR ELECTRONIC TOOL WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY 474 Page 7 BANDWIDTH.COM, INC. - Proprietary & Confidential Information Terms and Conditions – Updated September 2011 NOT APPLY. PROVIDER WILL HAVE NO OBLIGATION TO DEFEND OR INDEMNIFY CUSTOMER FROM OR AGAINST ANY THIRD PARTY CLAIMS ALLEGING THAT CUSTOMER’S USE OF ANY SERVICES OR ANY ELECTRONIC TOOL OR THE EXERCISE OF ANY RIGHTS GRANTED HEREIN INFRINGES ON ANY INTELLECTUAL PROPERTY OF ANY THIRD PARTY. IF A CLAIM IS MADE, OR IN PROVIDER’S REASONABLE OPINION IS LIKELY TO BE MADE, AGAINST PROVIDER, CUSTOMER OR ANY THIRD PARTY ALLEGING THAT ANY APPLICABLE SERVICES OR ELECTRONIC TOOL OR ANY USE THEREOF INFRINGES ANY INTELLECTUAL PROPERTY OF ANY THIRD PARTY, PROVIDER MAY, IN PROVIDER’S SOLE DISCRETION, TERMINATE THESE TERMS AND CONDITIONS AND/OR ANY APPLICABLE SOF AND ALL RIGHTS AND OBLIGATIONS PURSUANT TO THESE TERMS AND CONDITIONS AND/OR ANY APPLICABLE SOF. 23. Third Party Beneficiaries. The parties do not intend by the execution, delivery, or performance of these Terms and Conditions and/or any applicable SOF to confer any benefit, direct or incidental, upon any person or entity not a party to these Terms and Conditions and/or any applicable SOF. 24. Miscellaneous. Customer is not relying on any affirmation of fact, description, or promise from (or purported to be from) any person or entity, nor any oral or written representation or warranty that is not expressly included in these Terms and Conditions and/or any applicable SOF. Any alterations or additions to these Terms and Conditions and/or any applicable SOF made by Customer by any means will not be considered part of these Terms and Conditions and/or any applicable SOF. Provider’s failure to insist upon or enforce strict performance of or strict compliance with any provision of these Terms and Conditions and/or any applicable SOF shall not be construed as a waiver of any provision or right; neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions and/or any applicable SOF entered into from time to time pursuant to these Terms and Conditions and/or any applicable SOF. These Terms and Conditions and/or any applicable SOF may only be modified, or any rights under it waived, by a separate written document executed by both parties. Customer may not assign these Terms and Conditions and/or any applicable SOF, by operation of law or otherwise, including, without limitation, pursuant to any merger, stock purchase or other change in control of Customer, without Provider’s prior written consent. These Terms and Conditions and/or any applicable SOF will be binding on the parties hereto and their respective personal and legal representatives, successors, and permitted assigns. If any provision of these Terms and Conditions and/or any applicable SOF is held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of these Terms and Conditions and/or any applicable SOF will not be affected thereby. In the event any specified time frame or deadline denotes calendar days, it is agreed that when the last date of required action or response falls on a weekend or holiday, the action and/or deadline will automatically extend to the next business day. Headings are provided for reference purposes only. 25. Definitions. For the purposes of these Terms and Conditions and/or any applicable SOF, the following terms will have the following meanings: “Account Administrator” means Customer’s Administrator who has access to (and is authorized to) modify Customer’s billing and other similar account information via any applicable Electronic Tool. For clarity, only one (1) Administrator will serve as Customer’s Account Administrator. “Administrator” means a person (or persons) authorized to act on behalf of Customer, who is/are responsible for the administration and management of the use of any applicable Services by Customer. “Burstable Dedicated Internet Access Service” means dedicated Internet access services that provide the ability to “burst” above otherwise applicable minimum bandwidth commitments during heavy-traffic periods. “Default” occurs: (i) if Customer fails to make any payment for Services more than two (2) business days immediately after the applicable Due Date, or any other payment contemplated by these Terms and Conditions and/or any applicable SOF on or before the date two (2) business days immediately after any applicable required date; (ii) if Customer violates the AUP; (iii) if Customer fails to perform or observe any term or obligation of these Terms and Conditions and/or any applicable SOF, including, without limitation, any document incorporated by reference into these Terms and Conditions, not otherwise specified in clauses (i) or (ii) above and applicable to the Services, which failure remains uncured thirty (30) calendar days after Customer’s receipt of written notification from Provider informing Customer of such failure; (iv) upon the institution of bankruptcy, receivership, insolvency, reorganization or other similar proceedings, by or against Customer, unless such proceedings have been dismissed or discharged not later than the date thirty (30) calendar days immediately after the commencement of such proceeding; (v) upon the making of an assignment for the benefit of creditors, adjudication of insolvency, or institution of any reorganization arrangement or other readjustment of debt plan, of or by Customer; and/or (vi) upon the appointment of a receiver for all or substantially all of Customer’s assets. “Electronic Tools” means online access, application programming interface (API), or access by any other means, to a service ordering/management system to access or manage Customer’s use of any applicable Services. “Intellectual Property” means patents, pending patent applications, designs, trademarks and/or trade names (whether registered or unregistered), copyrights and related rights, database rights, know-how, trade secrets and/or confidential information, and all other intellectual property rights and similar or equivalent rights which currently exist or are recognized in the future, as well as all applications, extensions and renewals in relation to any such rights. “IP” means Internet Protocol. 475 Page 8 BANDWIDTH.COM, INC. - Proprietary & Confidential Information Terms and Conditions – Updated September 2011 “LEC” means local exchange carrier. “MPLS Services” means those multiprotocol label switching services described in the SOF by and between Provider and Customer. “MRC” means monthly recurring charge. “NRC” means non-recurring charge. “Regulatory Activity” means any laws, regulations or other similar mandates (including, without limitation, any fees, surcharges or other like charges imposed or mandated) by any federal, state or other governmental agency at any time. “RMA” means a Return Materials Authorization. “Service Term” will mean the period commencing on the Service Activation Date during which any applicable SOF remains in effect with respect to any Services. For clarity, the “Service Term” will expire and/or terminate immediately upon the date when all SOFs entered into with respect to any Services from time to time will have expired and/or terminated by their terms. “Services” means those services described in the SOF by and between Provider and Customer, which services may include Burstable Dedicated Internet Access Services, dedicated Internet access services, Managed Network Services, MPLS Services, Professional Services, and/or private line services. 476 City Council Agenda Item Report Agenda Item No. COV-20-2019 Submitted by: Efrain Sandoval Submitting Department: Public Utilities Meeting Date: January 15, 2019 SUBJECT License and Software Services Agreement with Power Settlements Consulting and Software, LLC for Settlement Software Services Recommendation: A. Find that (a) settlement software services agreement between the City of Vernon and Power Settlements Consulting and Software, LLC is not in reference to a “project” subject to the California Environmental Quality Act (“CEQA”) under Guidelines section 15378 because it involves the continuing administrative activity of procurement of LICENSE AND SOFTWARE Services; and (b) even if this approval were a “project” subject to CEQA, the approval requested is exempt in accordance with CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment, and any construction that may occur by a private party in the future in reliance on this approval would be subject to CEQA review by another governmental agency at that time when actual details of any physical proposal would be more than speculative; and B. Approve the License and Software Services Agreement with Power Settlements Consulting and Software, LLC for Settlement Software Services for a perpetual software license with support and maintenance fees in the total amount of $326,818 for a three (3) year term; and C. Authorize the City Administrator to execute the License and Software Services Agreement, in substantially the same form as submitted herewith, with an effective date of February 1, 2019. Backgroud: On November 1, 2015, the City of Vernon ("City") entered into a License and Software Services Agreement with Power Settlements and Software Services, LLC, ("Power Settlements") Agreement No. 15- 095 ("Agreement"). This software platform provided staff the ability to automate the California Independent System Operator (“CAISO”) settlement process and better manage its settlement data. Furthermore, the utilization of the Visual Analytics module coupled with the settlement validation component empowered staff to optimize the City’s resources in CAISO markets and evaluate the bulk of the CAISO charge codes. The settlement software significantly improved productivity and reduced any likelihood of human error. This Agreement reached its termination date on October 31, 2018. The Agreement was originally approved under the sole source exemption, pursuant to Section 2.17.12(2), due to the proprietary nature and attributes associated with the capability to provide five minute settlements and visual representation in both day-ahead and real-time market functionality. Recently, staff learned that Power Settlements may no longer be the sole proprietor of the functionality described above. 477 On October 2, 2018, prior to the termination of this Agreement, a three (3) month extension was executed and approved by City Council to avoid any lapse in service until a vendor could be selected through a RFP process. The termination date for Amendment No. 1 is January 31, 2019. On October 16, 2018, City staff properly publicized the Request for Proposals (“RFP”) for Settlement Software. The City received a total of six (6) responsive proposals from qualified firms: Power Settlements Consulting and Software, LLC., Open Access Technology International Inc., Czarnecki-Yester Consulting Group LLC, APX Inc., ABB Enterprise Software Inc. and Power Costs Inc. After completing a thorough evaluation, a panel of City staff selected Power Settlements as the successful respondent. Power Settlements offered two different licensing options; a lease option for three years, or a perpetual license with an annual support and maintenance fee option. Staff recommends the selection of the perpetual license option with Power Settlements as it represents the lowest cost option in the long-term. The lease option proposes a three year cost of approximately $334,448 (price based on an annual 3% estimated CPI adjustment after the initial year), while the perpetual license option proposes a cost of approximately $326,818 ($95,000 + $75,000 annually with an annual 3% estimated CPI adjustment after the initial year) for a three-year period. Under the perpetual license option, the City would see an estimated savings of $7,630 at the end of the third year. In consideration of Power Settlements’ responsive, responsible and successful proposal, it is recommended that City Council approve a new License and Software Services Agreement with Power Settlements Consulting and Software, LLC for Settlement Software Services and select the perpetual license option as it offers the lowest cost to the City. The proposed Agreement has been reviewed and approved as to form by the City Attorney’s Office. Fiscal Impact: The total amount for the proposed agreement is $326,818 over a three (3) year term. VPU has allocated adequate funds under the approved FY 2018-19 budget to cover the first year costs associated with this Agreement. Funds will be budgeted accordingly for support and maintenance fees for subsequent years. ATTACHMENTS 1. Power Settlements Software License Agreement 2. Settlement Software Request for Proposals 3. Power Settlements Consulting and Software, LLC Proposal 478 License and Software Services Agreement February 1, 2019 Page 1 of 22 LICENSE AND SOFTWARE SERVICES AGREEMENT (NON-EXCLUSIVE) THIS LICENSE AND SOFTWARE SERVICES AGREEMENT (this “Agreement”) is made and entered into this 1st day of February 1, 2019, by and between Power Settlements Consulting and Software, LLC (hereinafter “Power”), a California limited liability company; and the City of Vernon (hereinafter “Licensee”), a municipal corporation duly authorized and existing under the laws of the State of California. RECITALS WHEREAS, Licensee and Power entered into the License and Software Services Agreement (Non-exclusive) effective as of November 1, 2015 (the “2015 Agreement”) and an amendment to the 2015 Agreement effective as of November 1, 2018 (the “2018 Amendment”); and WHEREAS, Licensee and Power wish to enter into this License and Software Services Agreement for CAISO (“California Independent System Operator, Inc.”) (Non-Exclusive) to supersede the 2015 Agreement and the 2018 Amendment, and to set out the terms and conditions of Licensee’s use and Software services of the Software for managing its CAISO data; and, WHEREAS, Licensee and Power are entering into this License and Software Services Agreement For CAISO (“California Independent System Operator, Inc.”) (Non-Exclusive) for Licensee’s use and Software services of the Software for managing their CAISO data; and, WHEREAS, Power is the owner of all right, title and interest in and to the software, documentation and related information, including the intellectual property rights embodied therein, known as the SettleCore System (collectively the "Software") and as further defined in Section 1.1, below; and WHEREAS, Licensee desires to install and operate the Software pursuant to the rights and licenses granted herein for Licensee's non-exclusive use of the Software, and use of the documentation and related information for permissible purposes; and WHEREAS, Licensee desires that Power provide additional services to remotely operate the Software as Software Services (the “Software Services”) as further described in Exhibit "A", attached hereto and incorporated by reference herein; and WHEREAS, Power is willing to grant such rights and licenses under the terms and conditions of this Agreement; NOW, THEREFORE, the parties hereto, intending to be legally bound, hereby agree as follows: Article 1 479 License and Software Services Agreement February 1, 2019 Page 2 of 22 DEFINITIONS When used in this Agreement the capitalized terms listed below shall have the following meanings: 1.1 “Software.” Software includes “CAISO SettleCore Software”. 1.2 “CAISO SettleCore Software.” SettleCore System for the CAISO market is comprised of the CAISO ISO Downloader Module, the CAISO Settlements Analyzer Module, the CAISO Shadow Settlement Module, the CAISO Visual Analytics Module, and the CAISO Allocation Module. The SettleCore system for the CAISO market is further described in Exhibit "A", and is used to interface with the CAISO market. Software is comprised of Object Code and Documentation that is installed on a server(s) and accessed by the users on client computers. 1.3 “CAISO ISO Downloader Module.” The functionality within the SettleCore system that is used to download from the CAISO APIs and interfaces the Licensee’s (including entities to which Licensee is assigned as the scheduling coordinator by the CAISO) SIBR, CMRI, OASIS, Master File, MRI-S,, SaMC, ADS, PIRP, and OMS files, in the CAISO-issued XML format, and to export the data to spreadsheets. 1.4 “CAISO Settlements Analyzer Module.” The functionality within the CAISO SettleCore Software that is used to view the Licensee’s (including entities to which Licensee is assigned as the scheduling coordinator by the CAISO) CAISO settlement statement files and billing determinants and invoices, in the CAISO-issued XML format, to review and analyze the CAISO settlement file data, and to export the CAISO settlement file data to spreadsheets. 1.5 “CAISO Shadow Settlement Module.” The functionality within the SettleCore system that is used to “shadow” (i.e., independently produce) an estimate and/or validation of a CAISO settlement file and to identify potentially disputable transactions, which occur when the shadow estimates do not match the CAISO settlement file charges and payments. 1.6 “CAISO Visual Analytics Module.” The functionality within the SettleCore system that is used to graphically view Licensee’s CAISO resources and their components, including schedule, meter, dispatch, and deviation in an historical screen and a real-time screen. This module allows the users to drill-down from a daily view into a sub five-minute view. This module also automatically flags Licensee’s predefined business rule violations, to enable the users to review any dispatch exceptions. 1.7 “CAISO Allocations Module.” The functionality within the SettleCore system that is used to disaggregate the CAISO’s charge codes, which are settled by the CAISO at the scheduling portfolio level. This module disaggregates these charge codes to the Licensee’s scheduling coordinator’s resources, to enable the users to review the charge 480 License and Software Services Agreement February 1, 2019 Page 3 of 22 code quantity, price, and amount by resource at the charge code’s time interval. 1.8 “Code.” Computer programming code. If not otherwise specified, Code shall include both Object Code and Source Code. Code shall include Maintenance Modifications and Enhancements thereto if, when, and to the extent that such Maintenance Modifications and/or Enhancements are delivered to Licensee by Power under this Agreement or under any other agreement or arrangement between the parties. 1.9 “Source Code.” Code in programming languages such as “C#” and “JavaScript”, including all database operations and procedures such as “SQL” and “SQL stored procedures”, plus all related development documents such as flow charts, schematics, statements of principles of operations, end-user manuals, architectural standards, and any other specifications that are used to create or that constitute the Software. Source Code shall also include the database tables and their design and layout, which are used by the Software. 1.10 “Object Code.” Code in machine-readable form generated by compilation of Source Code and contained in a medium that permits it to be operated by Licensee. Includes the database and database design and layout provided in the Software. 1.11 “Documentation.” User manuals and other written materials that relate to particular Object Code, including materials useful for operation (for example, user guides and training materials). Documentation shall include Maintenance Modifications and Enhancements thereto if, when, and to the extent that such Maintenance Modifications and/or Enhancements are delivered to Licensee by Power under this Agreement or under any other agreement or arrangement between the parties. 1.12 “Maintenance Modifications.” Modifications, updates, or revisions made by Power to Code or Documentation that correct errors, support new releases of operating systems, or support new models of input-output ("I/O") devices with which the Code is designed to operate. 1.13 “Enhancements.” Modifications, additions, or substitutions, other than Maintenance Modifications, made by Power to Code or Documentation that accomplish incidental, performance, structural, or functional improvements. Enhancements may consist of Basic Enhancements or Major Enhancements, as defined below: a. “Basic Enhancements.” Enhancements that result from warranty or maintenance services or that otherwise accomplish incidental, structural, functional, or performance improvements for which Power does not generally impose a separate charge on Licensee. b. “Major Enhancements.” Enhancements that result in substantial performance, structural, or functional improvements or additions, including substantial redesign or replacement of any parts of the Source Code, for which Power does generally impose 481 License and Software Services Agreement February 1, 2019 Page 4 of 22 a separate charge on Licensee. Article 2 LICENSE 2.1 Grant. In consideration of the fees payable to Power pursuant to Article 5 hereof, and subject to the terms and conditions of this Agreement, Power hereby grants to Licensee a revocable, non-sublicensable, non-transferable, and non-exclusive limited right and license (the "License") to use and operate the Software. 2.2 Restrictions. Licensee agrees to the following restrictions on the Software. Failure to adhere to these restrictions may result in the revocation of the License at the unilateral discretion of Power with or without notice to Licensee, except as specifically set forth herein: a. The Software may be installed by the Licensee at only one site to be approved in writing in advance by Power. Such installation may be on Licensee’s network or in an off-premise hosted environment, such as through Microsoft Azure or another hosting provider. b. Licensee may not reproduce or transfer the Software, or any copy, adaptation, transcription, or merged portion thereof, except as expressly permitted in writing by Power. Licensee’s rights are non-exclusive and non-assignable. If Licensee transfers possession of any copy, adaptation, transcription, or merged portion of the Software to any other party, including, but not limited to, a successor in interest of Licensee’s business that assumes all of the Licensee’s obligations with respect to the Software, the Licensee’s rights in the Software are automatically terminated. c. Licensee may (1) make a maximum of three copies of the Software in machine- readable form solely for testing, disaster recovery or archival purposes; and (2) use the Software only for internal purposes (and not for service bureau work, multiple- user licenses or time-sharing arrangements). Any copy of the Software made by Licensee: (a) will remain the exclusive property of Power; (b) be subject to the terms and conditions of this Agreement; and (c) must include all copyright or other notices contained in the original. d. Licensee does not and will not have or acquire under or in connection with this Agreement any ownership interest in the Software. Power is and will remain the sole and exclusive owner of all right, title, and interest in and to the Software and all modifications, customizations, and enhancements thereof made by Power (including ownership of all trade secrets and copyrights pertaining hereto and/or any rights in derivative works or improvements relating thereto), subject only to the rights and privileges expressly granted by Power hereunder. 482 License and Software Services Agreement February 1, 2019 Page 5 of 22 e. By accepting delivery of the Software Licensee acknowledges that Power claims and reserves all rights and benefits that are afforded under federal copyright law in the Software. f. The Source Code for the Software (and the information therein, excluding all of Licensee’s data from the CAISO downloaded by the CAISO ISO Downloader Module into the Software’s database(s), to the extent not otherwise apparent in the Object Code and the Documentation) is a trade secret of Power. Licensee is not entitled to receive Source Code, and under no circumstances may Licensee reverse- compile or reverse-assemble the Object Code. g. Licensee’s obligations hereunder remain in effect for as long as it continues to possess or use the Software. h. Licensee shall not modify, correct, adapt, translate, enhance or otherwise prepare derivative works or improvements of any Software, nor make any updates to the database used by the Software, including but not limited to updates to the data, tables, layouts, or schema, as long as the Term of this Agreement is in effect. However, at any time during or after the Term of the Agreement, Licensee is permitted to add additional tables to the database, using the customer’s schema which does not overlap with the Software’s database schemas. i. Licensee agrees that only employees of the Licensee shall be permitted to operate the Software and to access the database used by the Software. Any requests to operate the Software or to access the database used by the Software, by non-employees of the Licensee, must be approved by Power in email form. j. Licensee shall be responsible for maintaining Licensee’s hardware and software (installed on the server and client), and ensuring that such hardware and software are in proper working order. k. The Software may be used by a maximum of twenty (20) named users of Licensee. l. Licensee agrees that Licensee’s Software users will not share Software accounts with any other individuals. Each Software user shall have his/her own login and password. Article 3 SOFTWARE MAINTENANCE 3.1 CAISO Initiated Changes. As indicated in Exhibit A, Power shall deliver to Licensee an updated version of the Software each time that the CAISO initiates a change that affects the Licensee and the existing functionality of the Software. 483 License and Software Services Agreement February 1, 2019 Page 6 of 22 3.2 Bugs Identified by the Licensee. As indicated in Exhibit A, each time that the Licensee reports an error in the functionality of the Software (“Bug”), and Power verifies the validity of the Bug, the Bug fix shall be included in the next scheduled delivery of the Software to Licensee, if feasible as determined by Power, provided that Licensee has reported the Bug to Power more than twenty-one (21) calendar days before the delivery date of the Software. 3.3 Bugs Identified by Other Customers of Power. From time to time, Power shall issue updated versions of the Software which include Bug fixes identified by customers other than the Licensee identified in this Agreement. 3.4 Training. Power shall provide the following training to Licensee: a. Prior to the completion of the initial installation of the Software, at the Licensee’s site, Power shall provide the Licensee with the level of training required to operate the Software. 3.5 Delivery of Maintenance Modifications and Basic Enhancements. Power shall deliver to Licensee, when and as prepared by Power in the course of its business, all Basic Enhancements and Maintenance Modifications arising from time to time, for inclusion in the Software. However, Major Enhancements will not be included within the Software or Software Services. Article 4 SOFTWARE SERVICES 4.1 Software Services. As further described in Exhibit A, Power shall provide the following Software Services to the Licensee on each business day, excluding federal, CAISO, and Power recognized holidays: ensure that all required CAISO files are loaded into the Software. Power is not required to perform a minimum number of hours to complete the Software Services. The Software Services shall also include the following: a. Power shall perform the Software Services, offsite, through a secure VPN or through a Citrix connection. b. Power shall perform all Software upgrades and patches (i.e., new versions of the Software) for Licensee unless Licensee elects in writing to have its internal IT group perform such Software upgrades and patches. c. CAISO Software Service Free Annual Customization Hours. In consideration of the CAISO Software Services, Power shall provide a maximum of fifty (50) hours per year of the Term of report customizations or enhancements requested by the 484 License and Software Services Agreement February 1, 2019 Page 7 of 22 Licensee, at no additional cost. If the fifty (50) hours per year of the Term are not used in a single contract year, the hours shall be rolled over to the next contract year, but no more than thirty-five (35) cumulative rollover hours may be rolled over to a subsequent contract year, within the same calendar year ending on the anniversary date of the Term. Furthermore, it is agreed by the Licensee, that any report customizations or enhancements made by Power, in consideration of the fifty (50) hours per year after the first year of the Term, are solely owned by Power and may be incorporated into versions of the Software which is distributed to other customers of Power. d. Additional Customization Hours. Licensee requires Power to provide the option for Licensee to use Power’s services for additional report development related to Licensee’s data in the Software. This service shall be available to Licensee at the rate of One-Hundred and Seventy-Five and no/100 ($175.00) per hour. This service shall be utilized only by the following steps: (a) Licensee requests an estimate from Power for the number of hours to complete the requested deliverable(s), (b) Power shall provide an estimate of the number of hours of development work that is estimated to be required to complete the deliverable(s), and (c) Licensee at its sole discretion may authorize Power to proceed with the development, with the understanding that the actual number of hours of development by Power may be more or less than the estimated number of hours. These Additional Customization Hours will be invoiced at the end of each calendar month in which Power performs the development of the Additional Customization Hours. Article 5 PAYMENTS 5.1 Software License Fee. The license fee that is assessed by Power to Licensee for the perpetual license of the Software (the “Software License Fee”) will be a one-time Software License Fee assessed by Power to Licensee in the total amount of Ninety-Five Thousand and no/100 Dollars ($95,000.00). This Software License Fee is inclusive of the discounts provided in Section 5.7(c). . 5.2 Software Installation Fee. In consideration of payment for the CAISO Software Service Fee, the one-time Software installation will not be assessed by Power to the Licensee. 5.3 Software Services Fee. For the Term of the Agreement and any subsequent extensions to the Term of the Agreement, Licensee shall pay a monthly “Software Services Fee” or “CAISO Software Services Fee” to Power in the amount of Six Thousand Two Hundred Fifty and no/100 Dollars ($6,250.00). This CAISO Software Services Fee is inclusive of the discounts provided in Section 5.7(a) and Section 5.7(b). The CAISO Software Services Fee includes all maintenance and service support of the Software as described in 485 License and Software Services Agreement February 1, 2019 Page 8 of 22 Article 3 and 4.1 above, and the functionality further described in Exhibit A. a. This fee will increase each year on the anniversary date of the Term by CPI Index (Consumer Price Index), as published by the United States Bureau of Labor Statistics. For the purposes of reporting the annual CPI index, the annual December inflation value as populated by the http://www.usinflationcalculator.com/inflation/current- inflation-rates/ site or a successor or similarly agreed upon website will be used. For illustration purposes, using prior years as an example, the 2016 inflation increase would have been 2.1% and the 2017 inflation increase would have been 2.1%. In the event that Licensee (or in combination with those entities to which Licensee is assigned as scheduling coordinator by the CAISO) schedules an average of twenty- five or more scheduling resource ids during a calendar month of the Term, then monthly installment for such month, and each month thereafter during the term of this Agreement, shall be increased by an additional twenty-five percent (25%). 5.4 Continued Use of Software after Term. In the event that this Agreement expires or is terminated, per the conditions in Section 9.2, or the Licensee fails to pay the CAISO Software Services Fee for a period of 60 days after such fee is due, then Power shall not have any obligation to provide any maintenance or support of the Software to Licensee (including but not limited to Maintenance Modifications, Enhancements, Software Services, and Software Maintenance as further described in Article 3 and Article 4, and the services described in Exhibit A). 5.5 Medium of Payment. All payments are payable in U.S. dollars. 5.6 Software Services Payment Due Dates; Late Fees; Interest. a. Software License Fee. Licensee shall pay to Power a one-time Software License Fee as described in Section 5.1, in four (4) equal payments of Twenty-Three Seven Hundred Fifty and no/100 Dollars ($23,750.00). The first payment is due on August 1, 2019. The second payment is due on February 1, 2020. The third payment is due on August 1, 2020. The fourth and final payment is due on February 1, 2021. b. Software Services Fees. Licensee shall pay to Power a monthly CAISO Software Services Fee as described in Section 5.3. The first monthly Software Services Fee as described in Section 5.3, will be due on February 15, 2019. The second monthly installment payment is due on March 1, 2019 and each subsequent month thereafter will be due on the first day of that calendar month. c. Fees for Additional Customization Hours. Any Additional Customization Hours utilized by Licensee pursuant to Section 4.1(d) will be invoiced at the end of each calendar month in which Power performs the development of the Additional Customization Hours. Payment is due within thirty (30) calendar days of invoicing. 5.7 Discounts to the Payment. Power offers the following discounts to the Licensee. 486 License and Software Services Agreement February 1, 2019 Page 9 of 22 a. If Licensee signs the Agreement prior to or on February 1, 2019, and Power receives the first monthly CAISO Software Service Fee installment payment no later than March 1, 2019, then Power shall provide a discount to Licensee. This discount is already reflected in the CAISO Software Services Fee due from Licensee to Power as described in Section 5.3, where the monthly discount is in the amount of Two Hundred and Fifty and no/100 Dollars ($250.00). In no case may this discount result in any payments due from Power to Licensee. b. If Licensee signs the Agreement prior to or on February 1, 2019 and the Term of the Agreement is not less than Thirty-Six (36) months then Power shall provide a discount to Licensee. This discount is already reflected in the CAISO Software Services Fee due from Licensee to Power as described in Section 5.3, , where the monthly discount is in the amount of Two Hundred and Fifty and no/100 Dollars ($250.00). In no case may this discount result in any payments due from Power to Licensee. c. If the Term of the Agreement is not less than Thirty-six (36) months Power shall provide a discount to Licensee. This one-time discount is already reflected in the one- time Software License Fee, as described in Section 5.1, due from Licensee to Power, where the one-time discount is in the amount of One Hundred Fifty-Five Thousand and no/100 Dollars ($155,000.00). In no case may this discount result in any payments due from Power to Licensee. 5.8 Travel Costs. When traveling to Licensee’s office, Power will charge the actual travel costs incurred without any markup. These fees include but are not limited to airfare, hotel, car rental, taxi service, parking, and a daily per diem fee of $45 per person. Power will only incur travel related expenses after receiving written approval via email from Licensee for travel to Licensee’s office. 5.9 Hosting Costs. In the event that Licensee elects to have the Software installed in an off- premise hosted environment, such as through Microsoft Azure or another hosting provider, Licensee shall be responsible for payment of all of the external hosting provider’s fees (“Hosting Costs”). Licensee may, in its discretion, either: (a) create its own hosting provider account and pay the hosting provider’s fees directly to the hosting provider; or (b) use Power’s Microsoft Azure hosting account for the hosting services, in which case Power will invoice all of Licensee’s hosting fees on Microsoft Azure at cost and Licensee will be responsible for the payment of the hosting fees within 30 days of being invoiced by Power. 5.10 Sales Tax. In the event that a municipal, county, state, or federal instrumentality or agency levies a sales or use tax on software or services provided by Power to Licensee under this Agreement, then Licensee shall be responsible for the payment of all such sales or use taxes. To the extent that sales or use tax on software or services provided by Power to Licensee under this Agreement is levied, if and only if Power collects sales or 487 License and Software Services Agreement February 1, 2019 Page 10 of 22 use tax in the state of the license, then Power will bill same to Licensee and separate out the sales or use tax on the monthly invoice and Licensee will pay the sales or use tax amount to Power, and Power will then remit the same amount to the instrumentality or agency that levies the sales or use tax. If Power is not registered in the state of the license to collect sales or use tax then Licensee will remit the sales or use tax directly to the applicable governmental authority. Article 6 AUDITS 6.1 Self-Audit Procedure. Licensee shall, during the Term, maintain accurate records relating to its rights to use the Software under this Agreement. Upon Power’s written request, which requests must be reasonable and no more than one time per calendar year, Licensee shall prepare and provide to Power written reports, certified by a senior manager of Licensee, relating to Licensee’s use and copies made of the Software and payment therefor. 6.2 Results of Audit. If any report reveals that Licensee’s use of the Software exceeds the use permitted under this Agreement, Licensee shall promptly remedy the non-compliance by terminating all non-permitted use, remitting all amounts due for such use based on current pricing as set forth in this Agreement, or such other resolution as the parties may mutually agree. Article 7 CONFIDENTIAL INFORMATION 7.1 Confidential Information. Confidential Information means all information in the possession of Power or Licensee (each individually for purposes of this Article a “Party”) which has value to that Party (or to a third Party to whom the Party in possession owes a duty of confidentiality), which is not generally known in the industry, which is kept reasonably confidential by the Party in possession and which is known or should be known to the other Party to be of a confidential nature. By example and without limitation, Confidential Information includes any and all information concerning teaching techniques, processes, software, database designs, formulas, trade secrets, inventions, discoveries, improvements, research or development and test results, specifications, data, know-how, formats, marketing plans, business plans, strategies, forecasts, unpublished financial information, budgets, projections, and customer and supplier identities, characteristics, and agreements. 7.2 Protection of Confidential Information. During the term of this Agreement and for five (5) years thereafter, each Party agrees to take all steps reasonably necessary to hold 488 License and Software Services Agreement February 1, 2019 Page 11 of 22 in trust and confidence the other Party's Confidential Information. Each Party agrees to hold such Confidential Information in strict confidence, not to disclose it to third parties or to use it in any way, commercially or otherwise, other than as permitted under this Agreement. Each Party agrees not to allow any unauthorized person access to such Confidential Information, either before or after termination of this Agreement, without the prior written consent of the other Party and without court order. Each Party agrees to limit the disclosure of Confidential Information to employees or independent contractors with a need to know, who have been advised of the confidential nature thereof, and who have acknowledged in writing the express obligation to maintain such confidentiality. 7.3 Non-Confidential Information. Notwithstanding the other provisions of this Agreement, nothing received by either Party from the other Party will be considered to be Confidential Information if (i) it has been published or is otherwise readily available to the public other than by a breach of this Agreement; or (ii) it has been rightfully received by the non-disclosing Party from a third party without confidential limitations. Article 8 REPRESENTATIONS AND WARRANTIES 8.1 Mutual Representations and Warranties. Each party represents, warrants and covenants to the other party that: (a) it is duly organized, validly existing and in good standing as a corporation or other entity under the laws of the jurisdiction of its incorporation or other organization; (b) it has the full right, power and authority to enter into and perform its obligations and grant the rights, licenses and authorizations it grants and is required to grant under this Agreement; (c) the execution of this Agreement by its representative whose signature is set forth at the end of this Agreement has been duly authorized by all necessary corporate or organizational action of such party; and (d) when executed and delivered by both parties, this Agreement will constitute the legal, valid and binding obligation of such parties, enforceable against each other in accordance with its terms. 8.2 Power’s Representations. Power represents and warrants that: a. it is the owner of the Software and Documentation (including all intellectual property rights therein under copyright, patent, trademark, trade secret, and other applicable 489 License and Software Services Agreement February 1, 2019 Page 12 of 22 law); b. it has the full and sufficient right and authority to grant the rights and licenses granted herein; c. the Software and Documentation have not been published under circumstances that have caused loss of any U.S. copyright therein; and d. the Software and Documentation, to the best of Power’s knowledge, do not infringe any copyright or other intellectual property right of any third party. 8.3 Adequacy of Software and Documentation. Power represents and warrants that: a. the Software and Documentation are and shall be reasonably understandable and reasonably usable by the Licensee’s users. 8.4 Conformity, Performance, and Compliance. Power represents and warrants that: a. the Software to be delivered by Power hereunder have been prepared in a workmanlike manner and with professional diligence and skill, b. such Software will reasonably function on the machines and with operating systems for which they are designed, as further explained in Exhibit "A", and c. such Software conform to the specifications and functions relating thereto. 8.5. Limitation of Warranties. Power does not assume any responsibility for any processes performed by Licensee utilizing the Software or the Software Services. Power shall not be deemed to make, or to have made, any express or implied warranties of any kind, character or description, including, but not limited to, fitness for a particular purpose or the warranty of merchantability concerning the Software or the Software Services, except as expressly stated in this Agreement. Article 9 TERM 9.1 Term of Agreement. The initial term (“Initial Term”) of this Agreement shall commence on February 1, 2019 (“Effective Date”) , and shall continue until 11:59 p.m. Pacific Prevailing Time on January 31, 2022. Subject to Section 9.2, after the end of the Initial Term, and after the end of each subsequent one (1) year period (each a “Renewal Term”), this Agreement will automatically renew for an additional Renewal Term . The Initial Term and each Renewal Term collectively make up the “Term” of this Agreement. The Software License Fees and the CAISO Software Service Fees 490 License and Software Services Agreement February 1, 2019 Page 13 of 22 provided for under this Agreement are fully earned by Power when due and payable hereunder and not subject to refund or offset notwithstanding the early termination of this Agreement by either Power or Licensee. 9.2 Termination. This Agreement may be terminated upon the occurrence of any of the following events: a. Termination At Will. Power may terminate the Agreement without cause upon two hundred seventy (270) days written notice to Licensee. Licensee may terminate the Agreement without cause upon sixty (60) days written notice to Power, provided that the notice is issued no fewer than ninety (90) days after the effective date of the Term of Agreement. If Power provides notice of termination of the Agreement within the Initial Term, the Software License Fee paid by Licensee to Power under this Agreement, shall be divided pro-rata based on the thirty-six (36) month Initial Term and the termination date, and Power shall reimburse Licensee the pro-rata Software License Fee for each month within the Initial Term after the termination date, net of discounts, upon termination of the Agreement. b. Termination by Mutual Agreement. Licensee and Power may terminate or modify the terms of this Agreement by written agreement executed by both parties. c. Termination For Cause. In addition to the foregoing, Power may terminate this Agreement, or modify the Agreement, at any time for "just cause", herein defined as the happening of any of the following occurrences or acts: (i) A receiver for Licensee is appointed or applied for, or a petition under any bankruptcy chapter is filed by or against Licensee, or Licensee becomes insolvent or makes an assignment for the benefit of creditors, or is unable to pay its debts as they become due, or, if there is any levy, attachment or similar action that is not vacated or removed by payment or bonding within ten (10) days of such levy or attachment; or (ii) Licensee is charged with unethical or illegal practices or acts thereby jeopardizing, in the opinion of Power, Power's good name and good will; or (iii) Licensee grossly fails to perform a material condition or delegation of this Agreement that adversely and substantially affects the interests of Power, with immediate effect by giving written notice of termination to Licensee. Licensee, at its option, may terminate this Agreement in the event Power grossly fails to perform a material condition or delegation of this Agreement that adversely and substantially affects the interests of Licensee. Such termination may be effected only through written notice, specifically identifying the breach on which termination is based. Following receipt of such notice, Power shall have 30 491 License and Software Services Agreement February 1, 2019 Page 14 of 22 days to cure such breach, and this Agreement shall terminate in the event that such cure is not effected by the end of such period. 9.3 Survival. In the event of the termination of this Agreement, in whole or in part, the provisions of Articles 2, 7, 8, 10, and 11 shall survive and continue in effect. Article 10 LIMITATIONS ON LIABILITY 10.1 Exclusion of Consequential Damages, Etc. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY (a) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY OR (b) CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO FAILURES OR LIMITATIONS OF THE SOFTWARE OR SOFTWARE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. 10.2 Limit on Damages. EXCEPT FOR THE PARTIES’ OBLIGATIONS PROVIDED IN ARTICLES 7 AND 11, EACH PARTY’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF THE CAISO SOFTWARE SERVICES FEES, NET OF DISCOUNTS, PAID BY LICENSEE UNDER THIS AGREEMENT, FOR THE CURRENT TWELVE (12) MONTH PERIOD. Article 11 INDEMNIFICATION 11.1 Indemnification by Licensee. Licensee shall indemnify, defend, and hold harmless Power and its officers, directors, shareholders, members, employees, agents, representatives, and customers (collectively, “Power Indemnitee”) against all liability, claims, costs, damages, and expenses incurred by Power Indemnitee relating to or arising from or concerning the Software or the Software Services and relating to or arising from Licensee’s gross negligence or intentional misconduct. Licensee agrees to reimburse Power for any amounts owed hereunder immediately upon demand, or alternatively, at the election of Power, to promptly and directly pay any such amounts with respect to any matter for which Power is indemnified pursuant to this Agreement (including attorney's fees by Power in defense or prosecution of any claim to which this Agreement applies) to such person or entity as Power designates. Any amount to be paid by Licensee shall be paid to Power or designee, within ten (10) days following written demand therefore by Power. 492 License and Software Services Agreement February 1, 2019 Page 15 of 22 11.2 Indemnification by Power. Power shall indemnify, defend, and hold harmless Licensee and its officers, directors, shareholders, members, employees, agents, representatives, and customers (collectively, “Licensee Indemnitee”) against all liability, claims, costs, damages, and expenses incurred by Licensee Indemnitee relating to or arising from or concerning the Software or the Software Services and relating to or arising from Power’s gross negligence or intentional misconduct. Power agrees to reimburse Licensee for any amounts owed hereunder immediately upon demand, or alternatively, at the election of Licensee, to promptly and directly pay any such amounts with respect to any matter for which Licensee is indemnified pursuant to this Agreement (including attorney's fees by Licensee in defense or prosecution of any claim to which this Agreement applies) to such person or entity as Licensee designates. Any amount to be paid by Power shall be paid to Licensee or designee, within ten (10) days following written demand therefore by Licensee. 11.3 Notwithstanding anything herein to the contrary, in the event of a claim against Licensee resulting from the infringement or misappropriation of a third party United States copyright, patent, trademark or trade secret by reason of the use of the Software or the Software Services by Licensee as permitted hereunder, Power shall, at its expense, defend such claim, and pay damages actually awarded or paid in connection therewith, including the reasonable fees and expenses of the attorneys engaged by Power for such defense and any costs or expenses incurred by Licensee in connection with such claim, provided that (i) Licensee shall promptly notify Power of such claim, (ii) Power shall have the sole and exclusive authority to defend and/or settle any such claim provided that Power shall not settle any claim that requires Licensee to admit liability or pay any money unless such settlement is approved in writing by Licensee and (iii) Licensee reasonably cooperates with Power in connection therewith at Power’s expense. Article 12 MISCELLANEOUS 12.1 Freedom of Action. This Agreement shall not be construed to limit Licensee’s right to obtain services or software programs from other sources, nor shall this Agreement be construed to limit Power’s right to grant others any further non-exclusive right or license of the Software and Documentation. This Agreement alone establishes the rights, duties, and obligations of Licensee and Power with respect to the subject matter hereof. Licensee shall have no right or interest whatsoever in any software of Power other than the rights and licenses in the Software and Documentation granted herein, whether such software is conceived or developed by Power before, during, or after the course of Power’s performance of this Agreement. 12.2 Independent Contractor. With respect to all duties performed by Power pursuant to this Agreement, Power shall be deemed to be an independent contractor. 493 License and Software Services Agreement February 1, 2019 Page 16 of 22 12.3 Rights and Obligations After Notice of Termination. If Power gives notice of termination of this Agreement, or if it becomes known that this Agreement will otherwise terminate in accordance with its provisions, Licensee shall return to Power all Software, Documentation, and other items of property owned by Power forthwith. 12.4 Notices. Unless otherwise stated herein, all notices or other communications required or permitted hereunder shall be in writing including email form, and shall be personally delivered including through email or sent by registered or certified mail, postage prepaid, return receipt requested, delivered or sent by overnight courier and shall be deemed received upon the earlier of: (i) If personally delivered or delivered through email, the date of delivery to the address of the person to receive such notice; (ii) If mailed, three (3) business days after the date of posting by the United States post office; and (iii) If sent by overnight courier, when delivered to the specified address. To Power: Power Settlements Consulting and Software, LLC 2011 East Financial Way Suite # 116 Glendora, CA 91741 Telephone Number: (626) 676-9387 Facsimile: N/A Electronic Mail: david.dan@powersettlements.com To Licensee: VPU – Resource Planning Division 4305 Santa Fe Ave Vernon, CA 90058 Telephone Number: (323)583-8811 Ext. 250 Electronic Mail: aalemu@ci.vernon.ca.us Notice of change of address shall be given by written notice in the manner detailed in this section. Rejection or other refusal to accept, or the inability to deliver because of changed address of which no notice was given, shall be deemed to constitute receipt of the notice, demand, request or communication. 12.5 Required Actions of Power and Licensee. Power and Licensee agree to effectuate the intent of this Agreement. 12.6 Captions. Any captions to, or headings of, the section or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. 12.7 No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties hereto, to any person or entity other than the parties hereto. 494 License and Software Services Agreement February 1, 2019 Page 17 of 22 12.8 Amendment. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. 12.9 Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. 12.10 Applicable Law. The terms and provisions of this Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws' provisions. 12.11 Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between Power and Licensee as to the subject matter hereof. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party shall be of any effect unless it is in writing and executed by the party to be bound thereby. 12.12 No Presumption. Each provision of this Agreement has been independently and freely negotiated by both parties as if this Agreement were drafted by both parties. In the event of any ambiguity in this Agreement, the parties waive any presumption or rule requiring or permitting interpretation of said ambiguity against or in favor of either party. 12.13 Severability. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances. 12.14 Attorney’s Fees. If any legal action is taken to enforce the terms of this Agreement by any party, the prevailing party shall be entitled to recover reasonable attorney fees and other costs and expenses incurred in connection with that legal action. 12.15 Binding on Successors; Assignment. This Agreement and the benefits and obligations hereunder shall be binding upon and inure to the benefit of the representatives, assigns and successors of the parties hereto. This Agreement may not be assigned by either party without the prior written consent of the other party. 12.16 Use of Name. Licensee grants Power, during the Term of this Agreement, permission to list and use Licensee's name in Power's website, marketing, promotional and other Power materials or modes of communication, in Power's sole discretion, to reasonably represent that Licensee is a Software customer of Power's. 12.17 Testimonial. Licensee agrees to provide a testimonial about the benefits of the Software, which Power may post on its website and use in its marketing materials. 495 License and Software Services Agreement February 1, 2019 Page 18 of 22 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. POWER: Power Settlements Consulting and Software, LLC, a California limited liability company By:____________________________ David Dan, President LICENSEE: By: __________________________________________ Printed Name: __________________________________ Title: ________________________________________ Date: ________________________________________ 496 License and Software Services Agreement February 1, 2019 Page 19 of 22 EXHBIT A Article 1 SOFTWARE SERVICES The Software Services are comprised of the CAISO Software Services. 1.1 CAISO Software Services. Power shall provide the following daily Software services to the Licensee on each business day, excluding federal, CAISO, and Power recognized holidays: a. Ensure that the CAISO ISO Downloader has downloaded the Licensee’s (or those entities to which Licensee is assigned as scheduling coordinator by CAISO) CAISO files (see definition of “CAISO ISO Downloader Module”); and b. Run the shadow settlement routine and the validation routine; and c. Communicate, via email or verbally, with a Licensee user that the CAISO Software Service has been performed. 1.2 Limitation of the CAISO Software Services. Power shall provide the CAISO Software Services within the following manner: a. Power is not required to perform a minimum number of hours to complete the CAISO Software Services. b. Power shall perform the CAISO Software Services, offsite, through a secure VPN or Citrix connection. 1.3 CAISO Software Service Software Maintenance and Support. Power shall provide the Software Maintenance Software Services, as described below: a. Power shall perform or provide to Licensee’s IT group if preferred by Licensee, all Software Maintenance Modifications (i.e., updated versions of the Software, which are issued to the customers of Power; include bug fixes) for the Licensee, including updates to the Software that are required after CAISO market changes which are considered Basic Enhancements; and b. Power shall only perform the Software Maintenance Modifications in one test environment and one production environment. 497 License and Software Services Agreement February 1, 2019 Page 20 of 22 Article 2 OBLIGATIONS OF THE LICENSEE FOR THE SOFTWARE SERVICES AND SOFTWARE 2.1 Obligations of the Licensee. In order for Power to perform the Software Services and for the Software to function as required, the Licensee shall be required to fulfill the following obligations. Failure of the Licensee to meet the obligations below, (1) may result in adverse performance of the Software and Software Services, and (2) shall not relieve the Licensee of any obligations of Payment for the Software and/or Software Services for the Term. a. Licensee shall be responsible for providing a production environment, which the Software will be installed on, which is comprised of:  Two servers, which the Software is installed on in a production environment. The first server’s hardware shall be comprised of (1) a minimum of two Intel Xeon quad core processors or a higher version, (2) a minimum of sixteen (16) to thirty-two (32) gigabytes of RAM, and (3) two 1000 gigabyte hard drives, where one of the hard drives is the primary hard drive and the other hard drive is a backup hard drive. The second server’s hardware shall be comprised of (1) a minimum of one Intel Xeon quad core processor or a higher version, (2) a minimum of sixteen (16) gigabytes of RAM, and (3) one 400 gigabyte hard drive, where one of the hard drives is the primary hard drive and the other hard drive is a backup hard drive.  The following software shall be installed on the server with the Software (1) an operating system that is one of the following: Microsoft Windows Server 2008R2 or 2012 or higher, (2) a database consisting of Standard SQL Server 2008R2 or 2012 edition or higher, or the Enterprise SQL Server 2008R2 or 2012 edition or higher including SQL Server Analysis Services, and (3) the Microsoft .Net Framework version 4.0 or higher.  Each client terminal that accesses the server with the Software shall have the following hardware: (1) an Intel processor, which shall be a Pentium P4 processor or a higher version, (2) have a minimum of two gigabytes of RAM, and (3) a hard drive with at least twenty gigabytes of free space.  Each client that accesses the server with the Software shall have the following software: (1) an operating system that is one of the following: Microsoft Windows 2008 or higher, (2) the Microsoft .Net Framework 498 License and Software Services Agreement February 1, 2019 Page 21 of 22 version 4.0 or a higher version, and (3) Microsoft Excel 2007 or higher version. b. Licensee shall be responsible for installing and maintaining the hardware and software described above, not including the Software modules. Such offsite hosted or on- premise servers utilized by Licensee shall provide all administrative rights and privileges required by Power to install, test and maintain the Software. c. Licensee, or Licensee’s hosting provider if an off-premise installation is selected by Licensee, shall be responsible for the availability of the hardware and software described above, not including the Software modules. d. Licensee shall be responsible for performing and retaining the Software database backups. e. Licensee shall be responsible for ensuring that Power has full administrative privileges to the server with the Software (includes full administrative access to the Microsoft SQL Server 2008 or 2012 database or higher version). f. Licensee shall be responsible for installing and maintaining a secure VPN (virtual private network) or for providing a secure Citrix connection for Power to provide the Software Services. g. Licensee, or Licensee’s hosting provider if an off-premise installation is selected by Licensee, shall be responsible for ensuring that the hardware is in proper working order. h. Licensee shall be responsible for providing a minimum bandwidth of 0.5 Mbps on the VPN, or Citrix connection, at all times. i. Licensee shall be responsible for providing that the VPN or Citrix connection is secure. j. Licensee shall be responsible for ensuring that Power has access through the VPN or Citrix connection during normal business hours, five days a week. k. Licensee shall be responsible for providing the certificates required by the CAISO to access the files that are uploaded and downloaded by the CAISO SettleCore Software. l. Power shall be reasonably available to provide support to Licensee during normal business hours between 8:00 a.m. through 6:00 p.m. Pacific Prevailing Time on all business days excluding federal and CAISO holidays. (1) During normal business hours, Power shall be available for Licensee’s users via email at support@powersettlements.com. 499 License and Software Services Agreement February 1, 2019 Page 22 of 22 (2) During normal business hours, Power shall be available for Licensee’s users via telephone at Power’s office phone number 626.385.6893 extension 1. 500 City of Vernon Request for Proposals (RFP) for Settlement Software City of Vernon Public Utilities Department 4305 Santa Fe Avenue, Vernon, CA 90058 Phone: (323) 583-8811 October 16, 2018 501 City of Vernon Settlement Software Request for Proposals 1. INTRODUCTION AND PROJECT The City of Vernon is requesting proposals for both purchase or lease options from qualified vendors offering a California Independent System Operator (CAISO) and Energy Imbalance Market (EIM) Settlement/Shadow Settlement Software package with combined post-analytics and real-time analytics (updates every 5-minutes) functionality, specifically tailored to market participants in the CAISO and EIM Markets. The City will select one firm, based on demonstrated experience/qualifications to provide Settlement/Shadow Settlement Software that will be used as a decision support tool to guide the City with its settlement and energy procurement activities. 2. BACKGROUND The City of Vernon was founded in 1905, is approximately 5.2 square miles in size and is located approximately 5 miles southeast of downtown Los Angeles California. Over its long history, Vernon has been developed as an industrial community. At the turn of the 20th century the lands that make up Vernon were comprised largely of farmlands. The presence of three major rail lines in the area led influential business and property owners to encourage the railroad companies to run spur lines onto the farmlands. These rail extensions enabled the creation of an “exclusively industrial” city. By the 1920’s, Vernon was attracting large stockyards and meatpacking facilities. In the 1930’s, Vernon became the location of choice for many heavy industrial plants. As economic conditions changed over the decades, these large scale industrial operations have relocated out of Southern California and Vernon has attracted smaller, lighter industrial facilities. The City’s business friendly environment, low cost utilities and key location for trucking and rail transport continue to position Vernon as an ideal location for industrial uses. City Government: The City Council consists of five members, elected at-large, who serve five-year staggered terms. The City Council annually appoints a Mayor and a Mayor Pro Tem from its own membership to serve one-year terms. Labor Force: Vernon has approximately 280 employees, and its departments include a Fire Department, Police Department, Finance Department, Public Works Department, Public Utilities Department and Health and Environmental Control Department. Present bargaining units recognized include the Vernon Police Officers Benefit Association, Vernon Police Management Association, Vernon Firemen’s Association, the Vernon Fire Management Association, International Brotherhood of Electrical Workers Local 47, and Teamsters Local 911. 3. PUBLIC UTILITIES OVERVIEW Vernon Public Utilities (VPU): The City of Vernon owns and operates a municipal electric utility. VPU serves about 1,800 commercial and industrial customers within its service area. VPU’s system peak loads are somewhat non-seasonal due to the type of customer loads on the system, mostly industrial. Therefore, the summer and winter peaks are similar. VPU’s customer mix consists of approximately 33% industrial, 62% commercial, 502 City of Vernon Settlement Software Request for Proposals 5% other, and less than 1% residential. The system averages about a 70% load factor largely due to its heavily industrial consumer base. VPU operates electrical distribution and generation facilities which reside within California ISO control area, and are connected to California ISO through Southern California Edison’s 220-66 kV Laguna Bell Substation. It should be noted that VPU is a municipal electric system engaged in the generation, transmission, distribution, and participating in CAISO’s wholesale energy markets under the second amended and restated Metered Subsystem Agreement (MSSA), and its distribution system is fully embedded within the CAISO operating Balancing Area. VPU’s system peak load is served by approximately 134 MW of generation supplied by natural gas-fired units within the Vernon Substation located at the Malburg Generation Station (MGS), which is owned by Bicent Power and operated by Heorot Power, a peaking generation plant at Vernon Substation capable of producing 11.5 MW of peaking generation with two gas turbines rated 5.75 MW each. In addition to the local generation production, VPU purchases additional energy to complement its system demand from long-term contractual agreements for resources located inside and outside California such as Palo Verde Nuclear Generating Station and Hoover Dam, and also from short-term power purchases. As such, the City of Vernon desires to contract with a qualified vendor to license a Settlement Software that will be used as a decision support tool to guide the City’s various settlement activities within the CAISO. 4. SCOPE OF SERVICES REQUIRED The intent of this solicitation is to provide interested vendors with sufficient information to enable them to prepare and submit proposals for consideration. The scope and requirements are necessary to assist staff examine the tasks listed below. Vernon is looking for a software that downloads CAISO produced settlement data and allows for the evaluation of, real time and day-ahead market operational data. The desired software capabilities include the following features: 1) The selected software provider shall provide the following daily software services to the City of Vernon on each business day, excluding holidays: a. Ensure that the software has downloaded all of the City of Vernon’s (or those entities to which City of Vernon is assigned as scheduling coordinator by CAISO) applicable CAISO settlement data and stored in City of Vernon assigned file server.  b. Software should have the capability to run shadow statements with five (5) minute data granularity in order to validate CAISO charges. c. Provide staff the ability to analyze and validate charge codes and settlements with a user-friendly interface and compare against different settlement period(s) (i.e. T+1, T+3, T+12, etc.). 503 City of Vernon Settlement Software Request for Proposals d. Provide verbal communication via e-mail to City of Vernon staff that the software service(s) listed (a) – (c) above have been performed. 2) The selected software provider shall provide software maintenance services, as described below: a. The selected software provider shall perform all software maintenance (i.e., updated versions of the software, which are issued to the customers of the Software provider; include bug fixes) for the City of Vernon, including updates to the software that are required after CAISO market changes which are considered basic enhancements. b. The selected software provider shall perform the software maintenance modifications in a test environment prior to releasing to a production environment. c. Provide ability to create custom reports based on demand for future software needs and specifications for the City. d. The selected software provider shall monitor and inform City of Vernon of any data storage needs. 3) Provide a module that would provide a snapshot of operations in the Day Ahead and Real Time Markets at the five-minute level detail. The module should integrate and/or interface with the following existing systems:  The city’s existing Supervisory Control and Data Acquisition (SCADA) System  Provide Day Ahead, Fifteen Minute, and Real Time (Five minute) LMP’s  CAISO Automated Dispatching System (ADS)  CAISO Outage Management System (OMS)  Customer Market Results Interface (CMRI)  CAISO Open Access Same Time Information Systems (OASIS)  CAISO MRI-S Market Results Interface - Settlements  CAISO Scheduling Infrastructure & Business Rules (SIBR) 4) Provide the ability to extrapolate CAISO data individually, including but not limited to: load, generation, and other critical energy-related data. a. The software should be able to download meter data, dispatches, market awards, bid strings, and other market results (including pricing). 5) Provide the ability to perform analysis of individual resources as well as entire portfolio. 6) Provide the ability to analyze billing determinant details pertaining to each charge code. 7) Provide any additional features that may help streamline City of Vernon’s process. 5. QUALIFICATIONS, EXPERIENCE & CRITERIA A. Qualifications/Experience: The City of Vernon will select one vendor for all of the 504 City of Vernon Settlement Software Request for Proposals outlined Scope of Service on the basis of qualifications, experience, cost, responsiveness and references. The following covers general questions related to the vendor’s market experience and ability to provide the services: 1. Market experience: In which US markets has the product been deployed? How many installations in each market? 2. CAISO market experience: How many installations in today’s CAISO market? What functions are currently performed using the product? 3. Product history: How long has the product been around? How many revisions has the product gone through? 4. Customer support: What are the support service levels and response times? How are critical fixes deployed? When is technical support available? How is support for a 24-hour operation provided? How many people are developing and supporting the product? Where are they located? 5. Product direction: Is there a product development roadmap? How is customer feedback incorporated into the development plans? B. Selection Criteria: The City will conduct a comprehensive, fair, and impartial evaluation of proposals received in response to this RFP. All proposals received will be reviewed and evaluated by a committee of qualified personnel. The name, information, or experience of the individual members will not be made available to any proposer. The Evaluation Committee will first review and screen all proposals submitted, except for the cost proposals, according to the minimum qualifications set forth above. The following criteria will be used in reviewing and comparing the proposals and in determining the highest scoring bid: 1. 40% Qualifications, background and prior experience of the firm in the Service Area(s) being proposed, experience of key staff assigned to oversee services provided to Vernon, evaluation of size and scope of similar work performed and success on that work. 2. 30% Cost and fees to the City for handling matters. Cost is not the sole determining factor but will be taken into consideration. Proposer must offer services at a rate comparable to the rate proposer offers to other governmental entities for similar work. Offering a higher rate to the City than the comparable rate is grounds for disqualification of the Proposer. If rates differ for different types or levels of service, or for different Service Areas, the Proposer should so state. 3. 15% Responsiveness to the RFP, and quality and responsiveness of the proposal. 4. 15% References including past performance of proposer. 6. FORMAT AND DELIVERY OF RESPONSE Respondents are asked to submit one (1) unbound original, (4) hard copies and one (1) electronic copy (via email to esandoval@ci.vernon.ca.us) of their proposals in sufficient detail to allow for a thorough evaluation and comparative analysis. The proposal should include, at a minimum, the following information in sectionalized format addressing all phases of the work in the RFP. 505 City of Vernon Settlement Software Request for Proposals A. Format: Limit your proposal to 20 typed 8.5” X 11” pages, or fewer, on white bond paper of at least 20-pound weight single sided (excluding cover letter and attachments. You may attach a firm brochure if you wish, but it must be as a separate attachment and independent from the required elements noted above. 1. Use a conventional typeface with a minimum font size of 12 points. Use a 1” margin on all boarders. 2. Organize your submittal in the order described above. 3. Prominently label the package: “Settlement Software” and include the name of the primary contact for the respondent. Deliver the response to: City of Vernon Attention: Efrain Sandoval, Principal Resource Scheduler 4305 Santa Fe Avenue Vernon, CA 90058 4. Responses are due on or before 5:00 p.m. on October 30, 2018. Late response will not be accepted. 5. Any questions regarding the RFP should be sent solely via email to Efrain Sandoval at esandoval@ci.vernon.ca.us. Please note that any questions asked and any response provided by Vernon will be sent to every person who will be submitting a proposal, to the extent the City is aware of them. B. Cover Letter: All proposals shall include a cover letter which states that the proposal shall remain valid for a period of not less than ninety (90) days from the date of submittal. If the proposal contemplates the use of sub-contractors, the sub- contractors shall be identified in the cover letter. If the proposal is submitted by a business entity, the cover letter shall be signed by an officer authorized to contractually bind the business entity. With respect to the business entity, the cover letter shall also include: the identification of the business entity, including the name, address and telephone number of the business entity; and the name, title, address and telephone number of a contact person during the proposal evaluation period. C. Introduction: Present an introduction of the proposal and your understanding of the assignment and significant steps, methods and procedures to be employed by the proposer to ensure quality deliverables that can be delivered within the required time frames and your identified budget. D. General Scope of Work: Briefly summarize the scope of work as the proposer perceives or envisions it for each Service Area proposed. E. Work Plan: Present concepts for conducting the work plan and interrelationship of all projects. Define the scope of each task including the depth and scope of analysis or research proposed. 506 City of Vernon Settlement Software Request for Proposals F. Fees and costs: Although an important aspect of consideration, the financial cost estimate will not be the sole justification for consideration. Negotiations may or may not be conducted with the proposer; therefore, the proposal submitted should contain the proposer’s most favorable terms and conditions, since selection and award may be made without discussion with any firm. All prices should reflect “not to exceed” amounts per item. Proposer must offer services at a rate comparable to the rate proposer offers to other governmental entities for similar work. Offering a higher rate to the City than the comparable rate is grounds for disqualification of the Proposer. G. References: Provide a list of client references that are using the software. For each reference provide the following information: a. Company name b. Contact name and title c. Location of contact d. Phone number of contact e. Module(s) installed f. Duration software has been installed H. Ability of the Proposer to Perform: Provide a detailed description of the proposer and his/her/its qualifications, including names, titles, detailed professional resumes and past experience in similar work efforts/products of key personnel who will be working on the assignment. Provide a list of specific related work projects that have been completed by the proposer which are directly related to the assignment described in this RFP. Note the specific individuals who completed such project(s). Identify role and responsibility of each member of the project team. Include the amount of time key personnel will be involved in the respective portions of the assignment. Respondents are encouraged to supply relevant examples of their professional product. Provide a list of references. The selected firm shall not subcontract any work under the RFP nor assign any work without the prior written consent of the City. I. Affidavit of Non-Collusion. Proposer must submit a completed and signed, “Affidavit of Non-Collusion.” (Copy attached as Exhibit A). 7. ADDENDA, CHANGES, AND AMENDMENTS TO THIS SOLICITATION At any time prior to the due date for responses, the City may make changes, amendments, and addenda to this solicitation, including changing the date due to allow respondents time to address such changes. Addenda, changes, and amendments, if made, will be posted on the City’s website (www.cityofvernon.org), which is deemed adequate notice. A proposer may make a request to the City’s project coordinator to be placed on a list of persons to receive notice of any such addenda, changes, or amendments. The preferred manner of communications is via e-mail due to its timeliness. 507 City of Vernon Settlement Software Request for Proposals 8. CONDITIONS FOR RESPONSES TO RFP The following conditions apply to this RFP process: A. Nothing contained in this RFP shall create any contractual relationship between the respondent and the City. B. This RFP does not obligate the City to establish a list of service providers qualified as prime contractors, or award a contract to any respondent. The City reserves the right to amend or cancel this RFP without prior notice, at any time, at its sole discretion. C. The City shall not be liable for any expenses incurred by any individual or organization in connection with this RFP. D. No conversations or agreements with any officer, agent, or employee of the City shall affect or modify any terms of this RFP. Oral communications or any written/e-mail materials provided by any person other than designated contact staff of City shall not be considered binding. E. The City reserves the right, in its sole discretion, to accept or reject any or all Proposals without prior notice and to waive any minor irregularities or defects in a Proposal. The City reserves the right to seek clarification on a Proposal with any source. F. The dates, times, and sequence of events related to this RFP shall ultimately be determined by the City. The schedule shown above is subject to change, at the sole discretion of the City, although the City will attempt to follow it and, if it must be altered, will attempt to provide reasonable notice of the changes. G. Respondents shall not issue any news release pertaining to this RFP, or the City without prior written approval of the City. H. All submitted proposals and information included therein or attached thereto is subject to the California Public Records Act and may be subject to review in the event of an audit. 9. RIGHT BY THE CITY TO WITHDRAW THIS REQUEST The City may, at its sole discretion and for any reason whatsoever, withdraw this solicitation at any time. 10. LIVING WAGE ORDINANCE 508 City of Vernon Settlement Software Request for Proposals The selected contractor/ shall pay qualifying employees a wage of not less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. The contractor/ shall also provide qualifying employees at least twelve days off per year for sick leave, vacation or personnel necessity, and an additional ten days a year of uncompensated time for sick leave. There shall be a prohibition on an employer retaliation against an employee’s complaining to the City with regard to the employer’s compliance with the living wage ordinance. Contractor, and any Subcontractor(s), shall comply with the City’s Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit “D” of the standard form contract, attached hereto as Exhibit B. Upon the City’s request, certified payroll records shall promptly be provided to the City. 11. STANDARD TERMS AND CONDITIONS Prior to the award of any work hereunder, City and proposer shall enter into the written contract for services attached hereto as Exhibit B. Proposers responding to this RFP are strongly advised to review all the terms and conditions of the Contract. Vendors are requested to provide two main pricing options for the software services agreement. Option 1 - to purchase the software and complete maintenance services; and, Option 2- to lease the software for a contract period that shall not exceed three (3) years. 509 City of Vernon Settlement Software Request for Proposals EXHIBIT A AFFIDAVIT OF NON-COLLUSION 510 March 2013 AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) _______________________________________________________________, being first duly sworn deposes and says that he/she is ______________________________________________________________________ (Insert "Sole Owner", "Partner", "President, "Secretary", or other proper title) of______________________________________________________________________________________ (Insert name of bidder) who submits herewith to the City of Vernon a bid/proposal; That all statements of fact in such bid/proposal are true; That such bid/proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; That such bid/proposal is genuine and not collusive or sham; That said bidder has not, directly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Vernon, or of any other bidder or anyone else interested in the proposed contract; and further That prior to the public opening and reading of bids/proposals, said bidder: a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham bid/proposal; b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid/proposal, or that anyone should refrain from bidding or withdraw his/her bid/proposal; c. Did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid/proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his/her bid/proposal price, or of that of anyone else; d. Did not, directly or indirectly, submit his/her bid/proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except the City of Vernon, or to any person or persons who have a partnership or other financial interest with said bidder in his/her business. I certify under penalty of perjury that the above information is correct By:______________________________________ Title:________________________________ Date:____________________________________ 511 City of Vernon Settlement Software Request for Proposals EXHIBIT B STANDARD FORM CONTRACT 512 December 2017 1 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND [CONTRACTOR’S NAME] FOR [BRIEF DESCRIPTION OF SERVICES] COVER PAGE Contractor: [insert name of contractor] Responsible Principal of Contractor: [insert name, title] Notice Information - Contractor: [insert name of contractor] [insert street address] [insert city, state, zip code] Attention: [insert name, title] Phone: [insert phone number] Facsimile: [insert fax number] Notice Information - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: [insert department head] [insert department head title] Telephone: (323) 583-8811 ext. [insert] Facsimile: [insert fax number] Commencement Date: [insert commencement date] Termination Date: [insert termination date] Consideration: Total not to exceed $[insert amount] (includes all applicable sales tax); and more particularly described in Exhibit C Records Retention Period Three (3) years, pursuant to Section 11.20 513 December 2017 2 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND [CONTRACTOR’S NAME] FOR [BRIEF DESCRIPTION OF SERVICES] This Contract is made between the City of Vernon ("City"), a California charter City and California municipal corporation (“City”), and [Contractor’s Name], a [State incorporated in] corporation (“Contractor”). The City and Contractor agree as follows: 1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the City Council on ____________, ____. 2.0 SCOPE OF SERVICES. 2.1 Contractor shall perform all work necessary to complete the services set forth in the Request for Proposals dated ___________, Exhibit “A”, and Contractor's proposal to the City ("Proposal") dated ____________, Exhibit “B”, both of which are attached to and incorporated into this Contract, by reference. 2.2 All services shall be performed to the satisfaction of City. 2.3 All services shall be performed in a competent, professional, and satisfactory manner in accordance with the prevailing industry standards for such services. 3.0 PERSONNEL. 3.1 Contractor represents that it employs, or will employ, at its own expense, all personnel required to perform the services under this Contract. 3.2 Contractor shall not subcontract any services to be performed by it under this Contract without prior written approval of City. 3.3 All of the services required hereunder will be performed by Contractor or by City-approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City. 4.0 TERM 514 December 2017 3 The term of this Contract shall commence on [state date], and it shall continue until [state date which may not be more than three years from the commencement date], unless terminated at an earlier date pursuant to the provisions thereof. 5.0 COMPENSATION AND FEES. 5.1 Contractor has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in and around Los Angeles County for the same services. For satisfactory and timely performance of the services, the City will pay Contractor in accordance with the payment schedule set forth in Exhibit “C” attached hereto and incorporated herein by reference. 5.2 Contractor's grand total compensation for the entire term of this Contract, shall not exceed [state amount] without the prior authorization of the City, as appropriate, and written amendment of this Contract. 5.3 Contractor shall, at its sole cost and expense, furnish all necessary and incidental labor, material, supplies, facilities, equipment, and transportation which may be required for furnishing services pursuant to this Contract. Materials shall be of the highest quality. The above Contract fee shall include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related costs and expenses. 5.4 City shall reimburse Contractor only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Contractor: 5.4.1 The actual costs of subcontractors for performance of any of the services that Contractor agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. 5.4.2 Approved reproduction charges. 515 December 2017 4 5.4.3 Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement. 5.5 Contractor shall not receive any compensation for extra work performed without the prior written authorization of City. As used herein, “extra work” means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Compensation for any authorized extra work shall be paid in accordance with the payment schedule as set forth in Exhibit “C,” if the extra work has been approved by the City. 5.6 Licenses, Permits, Fees, and Assessments. Contractor shall obtain, at Contractor’s sole cost and expense, such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for the performance of the Services by this Agreement. 6.0 PAYMENT. 6.1 As scheduled services are completed, Contractor shall submit to the City an invoice for the services completed, authorized expenses, and authorized extra work actually performed or incurred according to said schedule. 6.2 Each such invoice shall state the basis for the amount invoiced, including a detailed description of the services completed, the number of hours spent, reimbursable expenses incurred and any extra work performed. 6.3 Contractor shall also submit a progress report with each invoice that describes in reasonable detail the services and the extra work, if any, performed in the immediately preceding calendar month. 516 December 2017 5 6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment. 6.5 City will pay Contractor the amount invoiced within thirty (30) days after the City approves the invoice. 6.6 Payment of such invoices shall be payment in full for all services, authorized costs, and authorized extra work covered by that invoice. 7.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services; and will give any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's services. 8.0 COORDINATION OF SERVICES. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants, and other staff at all reasonable times. 9.0 INDEMNITY. Contractor agrees to indemnify City, its officers, elected officials, employees and agents against, and will hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “claims or liabilities”), including but not limited to professional negligence, that may be asserted or claimed by any person, firm or entity arising out of or in connection with the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the acts or omissions of Contractor hereunder, or arising from Contractor’s performance of or failure to perform any term, provision, covenant or condition of this Agreement, except to the extent such claims or liabilities arise from the gross negligence or willful misconduct of City, its officers, elected officials, agents or employees. 10.0 INSURANCE. Contractor shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the 517 December 2017 6 Contract, including any extensions thereto. The policies shall state that they afford primary coverage. i. Automobile Liability with minimum limits of at least $1,000,000 combined single limit, including owned, hired, and non-owned liability coverage. ii. Contractor agrees to subrogate automobile liability resulting from performance under this agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the City under the performance of the services. iii. General Liability with minimum limits of at least $1,000,000 per occurrence and $2,000,000 aggregate written on an Insurance Services Office (ISO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis. Premises/Operations and Personal Injury coverage is required. The City of Vernon, its directors, commissioners, officers, employees, agents, and volunteers must be endorsed on the policy as additional insureds as respects liability arising out of the Contractor's performance of this Contract. (1) If Contractor employs other contractors as part of the services rendered, Contractor's Protective Coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein. (2) Contractor agrees to subrogate General Liability resulting from performance under this agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees 518 December 2017 7 (“Claims”), which are attributable to any act or omission by the City under the performance of the services. iv. Contractor shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. In addition, Contractor shall require each subcontractor to similarly maintain workers’ compensation insurance in accordance with the laws for California for all of the subcontractor’s employees. Compliance is accomplished in one of the following manners: (1) Provide copy of permissive self-insurance certificate approved by the State of California; or (2) Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability Insurance with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Contract; or (3) Provide a "waiver" form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Contract. v. Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice to City. vi. Insurance shall be placed with insurers with a Best's rating of no less than A-VIII. vii. Prior to commencement of performance, Contractor shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. viii. Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Contractor shall immediately notify City and cease all 519 December 2017 8 performance under this Contract until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against Contractor by way of set-off or recoupment from sums due to Contractor, at City's option; (b) immediately terminate this Contract and seek damages from the Contract resulting from said breach; or (c) self-insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Contractor, by way of set-off or recoupment from any sums due to Contractor. 11.0 GENERAL TERMS AND CONDITIONS. 11.1 INDEPENDENT CONTRACTOR. 11.1.1 It is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent, officer or employee of City and shall furnish such services in its own manner and method except as required by this Contract, or any applicable statute, rule, or regulation. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. City assumes no liability for Contractor’s actions and performance, nor assumes responsibility for taxes, bonds, payments, or other commitments, implied or explicit, by or for Contractor. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, subcontractors and independent contractors, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 11.1.2 Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, 520 December 2017 9 holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits. 11.2 CONTRACTOR NOT AGENT. Except as the City may authorize in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise. 11.3 OWNERSHIP OF WORK. All documents and materials furnished by the City to Contractor shall remain the property of the City and shall be returned to the City upon termination of this Agreement. All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts, studies, memoranda, computation sheets, and other documents prepared by Contractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested at no additional cost to the City. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Contract. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City. 11.4 CORRECTION OF WORK. Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services furnished by Contractor shall not relieve the Contractor from the obligation to correct subsequently discovered defects, inaccuracy, or incompleteness. 11.5 RESPONSIBILITY FOR ERRORS. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct 521 December 2017 10 the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 11.6 WAIVER. The City's waiver of any term, condition, breach, or default of this Contract shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. 11.7 SUCCESSORS. This Contract shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors, and/or assigns. 11.8 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract or any rights hereunder without the prior written consent of the City and approval by the City Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Contract. No assignment shall release the original parties from their obligations or otherwise constitute a novation. 11.9 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof, including but without limitation, the Vernon Living Wage Ordinance. Violation of any law material to performance of this Contract shall entitle the City to terminate the Contract and otherwise pursue its remedies. Further, if the Contractor performs any work knowing it to be contrary to such laws, rules, and regulations Contractor shall be solely responsible for all costs arising therefrom. 11.10 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 522 December 2017 11 party may be entitled. 11.11 INTERPRETATION. 11.11.1 Applicable Law. This Contract shall be deemed a contract and shall be governed by and construed in accordance with the laws of the State of California. Contractor agrees that the State and Federal courts which sit in the State of California shall have exclusive jurisdiction over all controversies and disputes arising hereunder, and submits to the jurisdiction thereof. 11.11.2 Entire Agreement. This Contract, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation, and agreements (written or oral). 11.11.3 Written Amendment. This Contract may only be changed by written amendment signed by Contractor and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Contract shall be of no force or effect. 11.11.4 Severability. If any provision in this Contract is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Contract, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Contract. 11.11.5 Order of Precedence. In case of conflict between the terms of this Contract and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Contract shall strictly prevail. The terms of the City’s Request for Proposals shall control over the Contractor’s Proposal. 11.11.6 Duplicate Originals. There shall be two (2) fully signed copies of this Contract, each of which shall be deemed an original. 523 December 2017 12 11.11.7 Construction. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 11.12 TIME OF ESSENCE. Time is strictly of the essence of this contract and each and every covenant, term, and provision hereof. 11.13 AUTHORITY OF CONTRACTOR. The Contractor hereby represents and warrants to the City that the Contractor has the right, power, legal capacity, and authority to enter into and perform its obligations under this Contract, and its execution of this Contract has been duly authorized. 11.14 ARBITRATION OF DISPUTES. Any dispute for under $25,000 arising out of or relating to the negotiation, construction, performance, non-performance, breach, or any other aspect of this Contract, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery. 11.15 NOTICES. Any notice or demand to be given by one party to the other must be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice. If to the City: City of Vernon Attention: 4305 Santa Fe Avenue Vernon, CA 90058 524 December 2017 13 If to the Contractor: Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt, or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. 11.16 NO THIRD PARTY RIGHTS. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right or remedy in, under, or to this Agreement. 11.17 TERMINATION FOR CONVENIENCE (Without Cause). City may terminate this Contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written notice to Contractor. If the Contract is thus terminated by City for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause. 11.18 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Contract by written notice to the defaulting party. The notice shall specify the basis for the default. The Contract shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. In case of default by Contractor, the City reserves the right to procure the goods or services from other sources and to hold the Contractor responsible for any excess costs occasioned to the City thereby. Contractor shall not be held accountable for additional costs incurred due to delay or default as a result of Force Majeure. Contractor must notify the City immediately upon knowing 525 December 2017 14 that non-performance or delay will apply to this Contract as a result of Force Majeure. At that time Contractor is to submit in writing a Recovery Plan for this Contract. If the Recovery Plan is not acceptable to the City or not received within 10 days of the necessary notification of Force Majeure default, then the city may cancel this order in its entirety at no cost to the City, owing only for goods and services completed to that point. 11.19 TERMINATION FOR CAUSE. Termination for cause shall relieve the terminating party of further liability or responsibility under this Contract, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. If this Agreement is terminated as provided herein, City may require, at no additional cost to City, that Contractor provide all finished or unfinished documents, data, and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 11.19.1 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 11.20 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. The Contractor shall maintain and preserve all such records for a period of at least three (3) years after termination of the Contract. 526 December 2017 15 The Contractor shall maintain all such records in the City of Vernon. If not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals, and overhead. 11.21 CONFLICT. Contractor hereby represents, warrants, and certifies that no member, officer, or employee of the Contractor is a director, officer, or employee of the City of Vernon, or a member of any of its boards, commissions, or committees, except to the extent permitted by law. 11.22 HEADINGS. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 11.23 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1½ times the basic rate of pay. 11.24 LIVING WAGES Contractor, and any Subcontractor(s), shall comply with the City’s Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit “D”. Upon the City’s request, certified payroll records shall promptly be provided to the City. 527 December 2017 16 11.25 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit “E”. [Signatures Begin on Next Page]. 528 December 2017 17 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the Commencement Date stated on the cover page. City of Vernon, a California charter City and California municipal corporation By: ____________________________ [Insert Name and Title] [CONTRACTOR’S NAME, a [State incorporated in] corporation By: Name: Title: ATTEST: _______________________________ Maria E. Ayala, City Clerk By: Name: Title: APPROVED AS TO FORM: _______________________________ Hema Patel, City Attorney 529 December 2017 18 EXHIBIT A REQUEST FOR PROPOSALS 530 December 2017 19 EXHIBIT B PROPOSAL 531 December 2017 20 EXHIBIT C SCHEDULE 532 December 2017 21 EXHIBIT D LIVING WAGE PROVISIONS Minimum Living Wages: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. Paid and Unpaid Days Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer’s compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney’s fees, or to compel City officials to terminate the service contract of violating employers. 533 December 2017 22 EXHIBIT E EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. 534 Power Settlements – Settlement Software for Vernon Confidential Page 1 October 30, 2018 City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Dear Mr. Efrain Sandoval, Power Settlements Consulting and Software, LLC (“Power Settlements”) is pleased to submit this response to the City of Vernon’s (“Vernon”) Request for Proposal (“RFP”) for Settlement Software in the CAISO market. Power Settlements proposes the SettleCore™ system, which has already been 100% deployed and in use by Vernon since 2015. It is the industry-leading solution for California public power agencies participating in the CAISO electric market that require CAISO Settlements analysis, Shadow Settlements, visual post-analytics and real-time analytics, and reporting. As proposed, this solution conforms precisely to Vernon’s requirements. CAISO Settlements Solution is Robust and Already Deployed at Vernon Power Settlements proposes the SettleCore solution because it is the most comprehensive solution with CAISO integration for managing front-office, mid-office, and back-office business processes in one single, completely integrated system. The SettleCore solution is comprised of integrated modules for data downloading, performing Shadow Settlements and statement validations, analyzing CAISO statements and billing determinants, comparing any two CAISO vs. Shadow Settlements files, and reporting within the CAISO market. The SettleCore solution is currently deployed to 17 CAISO and EIM market participants. Most importantly, this solution is already deployed and in production use at Vernon. Overview of the Power Settlements Solution Benefits to Vernon Power Settlements’ proposed solution provides multiple benefits to Vernon. A few of the major benefits, include: 1. Power Settlements is the only vendor solution that will not require Vernon to perform a system replacement nor an integration and customized reporting effort Power Settlements Consulting and Software, LLC 2011 East Financial Way Suite #116 Glendora, CA 91741 Tel: 626.676.9387 www.powersettlements.com 535 Power Settlements – Settlement Software for Vernon Confidential Page 2 since the proposed SettleCore settlement system is already 100% deployed and in production use at Vernon. 2. The most comprehensive Shadow Settlement system in the CAISO market (best of breed) with 5-minute level Settlements. 3. The most comprehensive Visual Analytics module in the CAISO market (best of breed) for performing post-analytics and real-time analytics. 4. The top CAISO settlements and shadow settlements customer support in the industry, which can be verified by contacting our References (below). 5. Includes 50 Customization Hours per year, which allow Vernon to determine which custom reports and customizations to the SettleCore screens they would like to be included, at no additional cost. Pricing and Alternate Pricing Power Settlements is providing Vernon with two licensing options, including a) a perpetual license with an annual support and maintenance fee, as well as b) a lease option for 3 years. Both of these options are fixed-fee and provide 100% budget and pricing certainty for Vernon. • Please note that within 3 years that the pricing for the perpetual license fee will provide a cost savings to Vernon compared to the subscription/lease fees. After 7 years the savings for Vernon are estimated to be over $159,000. Also, Power Settlements is including an additional module, the SettleCore - Allocations Module, for performing Settlement Allocations at no additional cost to Vernon. The Power Settlements proposal does not require the use of sub-contractors. Additionally, the Power Settlements proposal is valid for 90 days from the date of our submission response to Vernon. Power Settlements understands the importance of this project to Vernon’s continued success and we are fully committed to continuing to support the SettleCore solution that is already deployed at Vernon, which not only meets but also exceeds Vernon’s expectations for Settlement Software. Respectfully Submitted, __________________________ David Dan, President, Power Settlements 2011 East Financial Way, Suite #116, Glendora, CA 91741 Phone: 626.676.938 536 Power Settlements – Settlement Software for Vernon Confidential Page 3 Table of Contents 1. Introduction ............................................................................................................................ 3 2. General Scope of Work ........................................................................................................... 4 3. Scope of Services Required ..................................................................................................... 4 4. Qualifications, Experience & Criteria ...................................................................................... 9 5. Work Plan .............................................................................................................................. 12 6. Fees and Costs ...................................................................................................................... 13 7. References ............................................................................................................................ 15 8. Ability of the Proposer to Perform ....................................................................................... 17 8.1 Qualifications.................................................................................................................. 17 8.2 Professional Resumes .................................................................................................... 18 8.3 Sample Projects and Time .............................................................................................. 19 8.4 Examples of Professional Product .................................................................................. 19 8.5 No Subcontracting .......................................................................................................... 20 9. Overview of the SettleCore Settlement Software Modules ................................................. 20 10. Overview of the Power Settlements Solution Benefits to Vernon .................................... 21 11. Affidavit of Non-Collusion .................................................................................................. 22 12. Brochure: SettleCore Module Descriptions ....................................................................... 22 1. Introduction Vernon has been using the SettleCore settlement system (consisting of the ISO Downloader Module, Settlements Analyzer Module, Shadow Settlements Module) and the Visual Analytics Module for performing post-analytics and real-time analytics, since November 2015. Power Settlements has provided superior customer service and support since then. Power Settlements proposes that Vernon select our RFP solution and continue to use the SettleCore system for performing their CAISO Settlements and Shadow Settlements and Visual Analytics for their on-demand historical and real-time analytics. • Deployment of software and Integration with Vernon’s systems: Power Settlements is the only vendor responding to Vernon’s RFP, that would not require Vernon to undergo a new software system deployment and perform integration with Vernon’s SCADA system. The SettleCore settlement system is already 100% installed on-premise at Vernon and no additional deployments nor integration would be required if Vernon selects Power Settlements as the preferred vendor. • Assignment and Steps: Power Settlements fully understands the requirements. Power Settlements has what we believe is the best of breed Settlement System as well as Visual Analytics software, which is our SettleCore solution, that fully meets all of the requirements in the RFP. We provide superior customer support as well as the daily data loading verification that Vernon requires (“Daily 537 Power Settlements – Settlement Software for Vernon Confidential Page 4 Processing Service”). No additional steps are required of Vernon to continue to utilize the Power Settlements solution. • Timing and Budget: If Vernon selects the Power Settlements solution, the solution is already implemented and can be used on day one. With respect to the budget, Power Settlements proposes a fixed-fee solution that Vernon can budget against with no timing nor budget risk at all. Power Settlements has demonstrated since our Agreement with Vernon was signed effective November 2015, that our software and services are fixed-fee and have never gone over budget. We have also demonstrated that we deliver the required Vernon customizations and all required CAISO future market changes, all within the fixed-fee budget. 2. General Scope of Work Vernon requires the following high-level functions for the Settlement Software. 100% of these requirements are already provided in the SettleCore solution that Vernon has licensed and is installed and in production use. • Automated downloading of all CAISO data sources. • Ability to view CAISO Settlements invoices, statements, and billing determinants. • Ability to run Shadow Settlements. • Ability to compare CAISO Settlements and Shadow Settlements. • Ability to perform post-analytics of their operational data in a visual dashboard (schedules and awards, dispatches, SCADA meter data, LMPs, imbalance energy deviation quantities, estimated PNL amounts, etc.). This is for viewing prior days’ operational data. • Ability to perform real-time analytics of their operational data in a near real-time basis that is auto-updated every 5-minutes in the CAISO’s real-time market, in a visual dashboard (schedules and awards, dispatches, SCADA meter data, LMPs, imbalance energy deviation quantities, estimated PNL amounts, etc.). This is for viewing the current day’s operational data. • Ability to analyze, report on, and export 100% of Vernon’s CAISO data to spreadsheets. • Ability of the vendor to remotely perform 100% of all of the Settlement Software maintenance and support, including Customizations, new CAISO market changes, and bug fixes. • Ability of the vendor to perform the daily CAISO data-loading verification and to send a daily email to Vernon’s staff alerting them that the data verification has been completed. 3. Scope of Services Required Each of the items listed in the RFP’s “Scope of Services Required” section is already available to Vernon in Vernon’s deployment of the SettleCore settlement system. 538 Power Settlements – Settlement Software for Vernon Confidential Page 5 • 1a Requirement: “Ensure that the software has downloaded all of the City of Vernon’s (or those entities to which City of Vernon is assigned as scheduling coordinator by CAISO) applicable CAISO Settlement data and stored in City of Vernon file server.” o Response: Every day, the SettleCore – ISO Downloader Module downloads all of Vernon’s CAISO data including: ADS, CMRI, Master File, MRI-S Meter, MRI-S Settlement files and billing determinant files and invoices, OMS Outages, and SIBR data. Additionally, Power Settlements sends a daily email to Vernon alerting the Vernon users that these data sources have been successfully loaded into SettleCore. • 1b Requirement: “Software should have the capability to run shadow statements with five (5) minute data granularity in order to validate CAISO charges.” o Response: The SettleCore – Shadow Settlement Module calculates all CAISO charge codes in the Shadow Settlement and Validations routine, including all 5-minute level billing determinants. The results of the Shadow Settlements can be viewed in the Settlements Analyzer Module (Statement Details, Determinant Details, and Pre-Calc Details screens) and in the Create-a-Report screen where the SaMC Statements, Charge Codes, and Pre-Calc reports can be run to extract the results of the CAISO statements and Shadow Settlements. • 1c Requirement: “Provide staff with the ability to analyzer and validate charge codes and settlement period(s) (i.e., T+1, T+3, T+12, etc.).” o Response: The SettleCore – Settlements Analyzer Module includes the ability to drill-down into all settlement file types and for all charge codes and billing determinants. This data may also be extracted to spreadsheets in the Create-a-Report screen. SettleCore includes the ability to process all Settlement Cycles, including a T+1 calendar day shadow before a CAISO file is published, T+3BD, T+12BD, T+55BD all the way through the T+36 month rerun statements. • 1d Requirement: “Provide verbal communication via email to City of Vernon staff that the software service(s) listed (a) – (c) above have been performed.” o Response: Every business day, Power Settlements sends an email to the City of Vernon stating which Trading Dates have been imported into SettleCore for the specific settlement cycles and data sources (CMRI, SIBR, MRI-S, etc.). • 2a Requirement: “The selected software provider shall perform all software maintenance (i.e., updated versions of the software, which are issued to the customers of the Software provider; include bug fixes) for the City of Vernon, including updates to the software that are required after CAISO market changes which are considered basic enhancements.” o Response: The Power Settlements solution includes 100% of the software maintenance and support of the SettleCore settlement system for Vernon remotely, through the Vernon VPN. This includes customizations, bug fixes, and updates for the CAISO market releases. For example, last week, Power Settlements delivered a SettleCore release update to Vernon 539 Power Settlements – Settlement Software for Vernon Confidential Page 6 that included the CAISO Fall 2018 functionality, including Shadow Settlement charge code updates and the ability to conform to the CAISO’s split billing determinant files for each EIM balancing authority. • 2b Requirement: “The selected software provider shall perform the software maintenance modifications in a test environment prior to releasing to a production environment.” o Response: The Power Settlements solution includes a production environment and a test environment. Power Settlements performs testing of new releases in the production environment. If Vernon would like to utilize a separate test environment where they would review new SettleCore releases before they are pushed to Vernon’s production environment, the test environment support and maintenance is already included at no additional cost. • 2c Requirement: “Provide ability to create custom reports based on demand for future software needs and specification for the City.” o Response: The Power Settlements Agreement with Vernon includes 50 Annual Customization Hours, whereby Vernon may request additional customizations to the SettleCore system as well as to incorporate custom reports of Vernon’s directly into SettleCore. Vernon has benefited from the 50 Annual Customization Hours and is currently using several customizations and custom reports in SettleCore, which they have requested using their 50 Annual Customization Hours. Examples of customizations that Vernon is using include:  The CAISO Energy Charge Codes report that Vernon requested has been implemented in the Create-a-Report screen.  The Sales and Purchase Summary report that Vernon requested has been implemented in the Create-a-Report screen. • 2d Requirement: “The selected software provider shall monitor and inform City of Vernon of any data storage needs.” o Response: Power Settlements has visibility into the SettleCore database server and application server and is able to provide notice to Vernon of any future data storage needs that may be required. • 3 Requirement: “Provide a module that would provide a snapshot of operations in the Day Ahead and Real Time Market at the five-minute level details. The module should integrate and/or interface with the following existing systems: SCADA, LMPs, ADS, OMS, CMRI, OASIS, MRI-S, and SIBR.” o Response: Power Settlements provides the most comprehensive visualization dashboards in the CAISO market. Vernon’s SettleCore – Visual Analytics Modules includes a) Historical Analytics screen for viewing all historical days at the resource-level including SCADA data and CAISO data, b) Real-time Analytics screen for viewing the current day’s real-time SCADA and CAISO data, and c) a Portfolio screen for viewing the portfolio-level information. The following data points are available to Vernon in the SettleCore – Visual Analytics Module. All of this 5-minute level data may be viewed on the visualization dashboards as well as be exported to spreadsheets: 540 Power Settlements – Settlement Software for Vernon Confidential Page 7  Quantities: • CMRI Day-Ahead self-schedule awards, Day-Ahead bid awards, Day-Ahead total final schedules (self schedules + bid awards), FMM self-schedule awards, FMM bid awards, FMM total final schedules (self schedules + bid awards), ADS DOT dispatches, Vernon’s SCADA meter data, calculated Imbalance Energy deviations, Masterfile Pmin and Pmax, CMRI ancillary service capacity awards, CMRI Flex-ramp awards, OMS outage Availability and Pmin rerates, CMRI Expected Energy, and MRI-S Meter.  Prices: • Day-Ahead LMP, DAM energy component, DAM loss component, DAM congestion component, FMM LMP, FMM energy component, FMM loss component, FMM congestion component, RTM LMP, RTM energy component, RTM loss component, RTM congestion component, DAM ASMPs of spinning reserve, non-spinning reserve, regulation up, regulation down, etc. • SIBR Bid string. • Vernon’s internally-calculated gen cost.  Amounts: The following amounts are calculated within the Visual Analytics Module for both Historical Analytics and Real-time Analytics (every 5-minutes in near real-time): • PNL Amount (profit and loss which is the sum of the following amounts). • Gen Cost Amount (calculated amount for Vernon’s resources that are running). • CC 6011 Day-Ahead Energy Amount • CC 6100 Day-Ahead Spinning Reserve Amount • CC 6170 Real-Time Spinning Reserve Amount • CC 6200 Day-Ahead Non-Spinning Reserve Amount • CC 6270 Real-Time Non-Spinning Reserve Amount • CC 6460 FMM Energy Amount • CC 6470 RTM Instructed Energy Amount • CC 6475 RTM Uninstructed Energy Amount • CC 6500 Day-Ahead Regulation Up Amount • CC 6570 Real-Time Regulation Up Amount • CC 6600 Day-Ahead Regulation Down Amount • CC 6670 Real-Time Regulation Down Amount • CC 7071 Real-Time Flex Ramp Up Amount • CC 7081 Real-Time Flex Ramp Down Amount • 4 Requirement: “Provide the ability to extrapolate CAISO data individually, including but not limited to: load, generation, and other critical energy-related data.” 541 Power Settlements – Settlement Software for Vernon Confidential Page 8 o Response: See above. The SettleCore – Visual Analytics Module includes the ability to view all of Vernon’s load resources, generation resources, and import and export interchanges.  This module also includes the prior list of CAISO data sources.  This module includes Vernon’s internally-calculated generation cost which is used to calculate the 5-minute PNL (profit and loss).  Please note that Vernon may bring any other data sources into Visual Analytics from their internal data sources such as gas meter reads, fuel costs, ICE prices, PPA contract quantities, prices, and amounts, etc. • 5 Requirement: “Provide the ability to perform analysis of individual resources as well as entire portfolio.” o Response: The SettleCore – Visual Analytics Module includes the ability to view resource-level information in the Historical Analytics and Real-time Analytics screen, for all of the individual generation, load, and interchange resources in Vernon’s portfolio. There is also a Portfolio screen that includes the ability to view the sum of Vernon’s resources in a portfolio view for both historical days and in real-time. • 6 Requirement: “Provide the ability to analyze billing determinant details pertaining to each charge code.” o Response: The SettleCore – Settlements Analyzer Module and the Create-a-Report  SaMC reports enable Vernon to analyze all CAISO and Vernon billing determinants that are applicable to each charge code and pre-calc as well as to compare to them to another CAISO file version or to a Shadow Settlement file version. • 7 Requirement: “Provide any additional features that may help streamline City of Vernon’s process.” o Response:  Within this proposal, Power Settlements is providing the SettleCore – Allocations Module at no additional cost. This includes the ability to re-create Settlement Statements (both from CAISO files as well as Shadow Settlements) at the resource-level for all charge codes. Currently, Vernon performs a manual process of extracting resource-level charge codes and then certain billing determinants from non-resource level charge codes (such as CC 6011, GMC, UFE, Neutrality charge codes, etc.). The Allocations Module entirely automates this process by generating a resource-level Settlement Statement for all charge codes.  The Settlements Analyzer includes the ability to drop the “BD_Order” attribute into each charge code. Dragging this attribute into the grid helps isolate the billing determinants that are causing charge code variances.  The SettleCore Settlement Cycle Summary screen is a new screen introduced this year that allows for the following, which will help streamline Vernon’s settlements reporting. 542 Power Settlements – Settlement Software for Vernon Confidential Page 9 • A) The ability to view all charge code amounts for all Trading Dates across all Settlement Cycle Summaries (T+3BD, T+12BD, T+55BD to T+36MD). • B) The ability to provide internal GL account codes and reporting groups for automated reporting of CAISO charge code amounts to various reporting groups.  The Invoice Summary screen is a new screen introduced this year that allows for the following, which will help streamline Vernon’s invoice reporting. • A) The ability to view all charge code amounts for all Trading Dates across all Invoices by Bill Periods (T+3BD, T+12BD, T+55BD to T+36MD). • B) The ability to determine which Statement charge code amounts were invoiced on each invoice.  The new Visual Analytics Portfolio Charts and Outage Charts screens assist with reporting on operational data and outages for up to a 1-month time span. This will assist Vernon with reporting. 4. Qualifications, Experience & Criteria The following are the responses to the RFP “Qualifications, Experience & Criteria” section. • 1 Requirement: “Market Experience: In which US markets has the product been deployed? How many installations in each market?” o Response: The SettleCore solution has been deployed in the following US markets.  17 customers use one or more SettleCore modules in the CAISO and EIM markets.  4 customers use one or more SettleCore modules in the MISO market.  2 customers are using the SettleCore - Etag Module. • 2 Requirement: “CAISO market experience: How many installations in today’s CAISO market? What functions are performed using the product?” o Response:  There are 17 current installations of SettleCore in today’s CAISO and EIM markets (see the reference list below).  SettleCore has a multitude of modules that customers can pick and choose from. The following are the main functions: • CAISO Settlements and Shadow Settlements (ISO Downloader Module, Settlements Analyzer Module, Shadow Settlements Module; optional Allocations Module and What- If Shadow Settlements modules). These functions enable the download of 100% of CAISO data, screens to view the data and export to spreadsheets, a shadow settlements routine for the estimation of CAISO charge codes and a validation 543 Power Settlements – Settlement Software for Vernon Confidential Page 10 routine for the validation of CAISO charge codes. The Settlements Analyzer Module enables the side-by-side comparison of any two CAISO vs. Shadow Settlement files, including a drill-down from summary statements, to detailed statements, to billing determinants and pre-calc determinants. This module also includes the analysis and reporting of CAISO Invoices. • Analytics and Reporting (Visual Analytics Module for performing post-analytics and real-time analytics and the Create-a-Report screen for extracting 100% of CAISO data) • Bidding and Scheduling (Bidding Module for auto-generating bid string quantities and prices using customer-provided bid logic and the Scheduling Module for submitting bids/self- schedules/ISTs to SIBR). • Energy Trading and Risk Management (Deal Capture Module for recording all counterparty transactions, Credit Module for enforcing counterparty credit limits and internal trader limits, and the Risk Module for calculating Value At Risk). • Other (PPA Module for automating counterparty bilateral settlements, Etag Module for submitting and reporting NAESB/NERC e-tags, Meter Submission Module for automated submission of meter data to MRI-S and the Outage Module for automating generation outage submissions). • 3 Requirement: “Product history: How long has the product been around? How many revisions has the product gone through?” o Response:  The SettleCore settlement system was first deployed in 2009 with the implementation of the CAISO MRTU market redesign.  SettleCore is continually updated with new enhancements (for example, the new Visual Analytics “Portfolio Charts” and “Outage Charts” screens, the Settlement Analyzer “Settlement Cycle Summary” and “Invoice Summary” screens, etc.). The number of revisions each year varies. At a minimum there are two updates per year to incorporate the CAISO Spring and Fall releases. In some cases, there are up to 4 SettleCore builds per year. • 4 Requirement: “Customer support: What are the support service levels and response times? How are critical fixes deployed? When is technical support available? How is support for a 24-hour operation provided? How many people are developing and supporting the product? Where are they located?” o Response:  There are two support levels that are available to SettleCore customers: a) business day support from 7:00 a.m. to 6:00 p.m. PPT on all business days excluding federal and CAISO holidays and b) 24x7 support for customers that use the SettleCore – 544 Power Settlements – Settlement Software for Vernon Confidential Page 11 Scheduling Module or Etag Module. Vernon currently only utilizes the Settlement modules, so they are currently receiving business day support. If Vernon opts to license the SettleCore – Scheduling Module or Etag Module in the future, then Vernon will receive 24x7 support at no additional charge.  Critical fixes are deployed immediately. If there is a serious issue that stops the effective use of the SettleCore settlement system, we will generally perform a same-day fix, if that is agreed to by the customer.  24-hour operation support is provided for customers that use the SettleCore – Scheduling Module or Etag Module. With this option, there is a dedicated after-hours phone number that Power Settlements sends to the customers with after-hours support, which enables them to contact Power Settlements 24 hours a day, 7 days a week for all critical and high-level issues that impact the customer’s ability to perform scheduling and operations.  Power Settlements currently has 20 employees that support the SettleCore product, including software developers (perform all SettleCore support and maintenance and customizations) and business analysts (Daily Processing, TFS ticket tracking, etc.).  Power Settlements has 17 staff members based out of the Glendora, CA office, 2 staff members based out of Houston, TX, and 1 staff member based out of Pennsylvania. • 5 Requirement: “Product direction: Is there a product development roadmap? How is customer feedback incorporated into the development plans?” o Response:  Yes, see below. We are currently in the process of developing a browser-based ability to access SettleCore, which will allow our customers to access SettleCore through a web-browser and not have to deploy new builds of SettleCore on their computers. This major enhancement, which several customers have requested, will be rolled out to our existing customers, such as Vernon, at no additional cost.  Power Settlements regularly incorporates customer feedback into our development plans. For example, many of our customers requested the ability to use SettleCore on web-browsers. We recently had our first user conference, where customers provided their feedback. Additionally, the most important aspect is that all customers are guaranteed to have their most important customizations build directly into SettleCore through the use of their Annual Customization Hours. 545 Power Settlements – Settlement Software for Vernon Confidential Page 12 Development Roadmap of SettleCore Browser-based Modules. These modules will be rolled out to existing customers at no additional cost. 5. Work Plan The benefit to Vernon of selecting the Power Settlements solution for the Settlement Software, is that it is already 100% deployed, integrated with Vernon’s SCADA system, and in production use. Simply put, there is no new work plan required since the work plan has previously been implemented in 2015 and SettleCore is already in production use at Vernon. By selecting the Power Settlements solution: • Vernon has 100% confidence that the delivered Settlement Software meets all of Vernon’s requirements. • Includes Vernon’s SCADA integration. • Includes Vernon’s customized reports. • Provides Vernon 100% budget certainty. • Provides Vernon a 100% guarantee that the Settlement Software will not pose a timing risk (since it is already delivered). 546 Power Settlements – Settlement Software for Vernon Confidential Page 13 6. Fees and Costs Power Settlements provides the following “not to exceed” amounts in our solution pricing for Vernon. Option #1: Perpetual License Pricing for the SettleCore Modules: • Option #1: Visual Analytics Module, ISO Downloader Module, Settlements Analyzer Module, Shadow Settlements Module, Allocations Module, and the Daily Processing Service a. One-time License Fee: ($95,000 with all of the Discounts or $250,000 without the Discounts). b. Annual Support and Maintenance Fee: $75,000 c. Installation/Configuration/Training Fees: $0 as the SettleCore solution is already installed at Vernon. • Optional: Bidding and Scheduling Modules for automating the bid creation and submission of bids/self-schedules/ISTs to SIBR. a. One-time License Fee: $25,000. b. Annual Support and Maintenance Fee: $20,000 o Add the Etag Module for an additional $10,000. c. Installation/Configuration/Training Fees: $0. Included. d. Upgraded to 24x7x365 support. e. Note: This is optional and not required. Option #2: Lease/Subscription License Pricing for the SettleCore Modules: • Option #2: Visual Analytics Module, ISO Downloader Module, Settlements Analyzer Module, Shadow Settlements Module, Allocations Module and the Daily Processing Service a. Monthly Subscription Fee: $9,017 per month ($108,204 annually) o Note: This is the same annualized pricing that Vernon is currently paying as of December 2018. b. Installation/Configuration/Training Fees: $0 as the SettleCore solution is already installed at Vernon. Discounts • Allocations Module: The SettleCore – Allocations Module, which Vernon does not currently license, will be included for no additional fees for both Option #1 and Option #2. This module will benefit Vernon by being able to automate the creation of settlement files at the resource-Id level for all charge codes. • 5-year Agreement or Longer: If the City of Vernon signs a contract with a term of five years or longer the following discount will be provided. Only applies to Option #1 (perpetual license). a. One-time perpetual license fee discount of $155,000 if paid by 02-20- 2019. 547 Power Settlements – Settlement Software for Vernon Confidential Page 14 Other Fees: • Hosting fees: Not applicable since the solution is already deployed on- premise at Vernon. a. Please note that offsite hosting is available if Vernon prefers to move from an onsite deployment to an offsite hosted deployment. This was not included in the RFP. The estimate for hosting on Microsoft Azure would be an additional monthly maintenance fee of $500 per month due to additional Power Settlements maintenance and a pass-through of at-cost Azure hosting fees, which are estimated to be about $2,000 per month. • Hardware and Software fees: No additional hardware or software fees will be required of Vernon since the SettleCore solution is already installed at Vernon. Note that Vernon will need to upgrade to Windows Server 2016 or higher and SQL Server 2016 or higher to benefit from the new browser-based SettleCore solution that will be deployed later in 2019 and 2020. Estimate Details: 1) Free Reports and Customizations: Includes 50 hours for Free Customization Hours to apply to system configurations, customizations, and reporting. Clients can use these hours over the year for end user requests. a. Up to 35 hours, if unused, may roll over to the next year. b. Additional Customization Hours may be purchased at the rate of $175 per hour. 2) Includes 100% Vendor Application Support for all software upgrades to be completed by Power Settlements remotely through a secure VPN or a Citrix connection provided by the customer. 3) Support includes a PROD environment and a TEST environment. 4) Includes 20 named internal users. 5) With the subscription/lease licensing option, the SettleCore system must be uninstalled after the contract terminates. 6) Vernon may terminate the Agreement for any reason or no reason at all with 60 days’ notice with the subscription/lease option or with 270 days’ notice with the perpetual license option. 7) On the contract anniversary date each year, the subscription fees or annual maintenance support fees will increase by the greater of a) 3% or b) the annual change in the CPI index. 8) If Vernon selects Option #1 (Perpetual License fee), then both the one-time perpetual license fee and the first annual license fee will be due on 02-20-2019. If Vernon selects Option #2 (Lease/Subscription license fee), then the first monthly fee will be due on 02-20-2019. 548 Power Settlements – Settlement Software for Vernon Confidential Page 15 7. References Power Settlements currently has the following customers: • 17 Customers in the CAISO and EIM markets • 4 Customers in the MISO market • 2 Etag Customers Please see 15 of our CAISO and EIM market references below. Additional references are available upon request. 549 Power Settlements – Settlement Software for Vernon Confidential Page 16 550 Power Settlements – Settlement Software for Vernon Confidential Page 17 8. Ability of the Proposer to Perform Power Settlements provides energy market participants with software solutions. SettleCore is a leading bid-to-bill system for ISO and RTO physical power markets. We provide robust functionality for bids, offers, schedules, ISO downloads, Shadow Settlements, reports, and visual analytics. Our customers include municipalities, investor-owned utilities, independent generators, and hedge funds. We have included several professional resumes of our staff below. 8.1 Qualifications Power Settlements is the leading Shadow Settlements and Visual Analytics vendor in the CAISO and EIM markets. Power Settlements has 17 deployments of one or more modules of the SettleCore system in the CAISO and EIM markets. As shown in the “References” section, customers that use the SettleCore system include City of Vernon, City of Riverside, City of Pasadena, Southern California Edison, PacifiCorp, SMUD, and many others. Power Settlements is very active in participating with future CAISO market changes, and can be seen and heard on the Settlement User Group meetings, Technical User Group meetings, Market Simulation meetings, and the Market Performance and Planning Forum meetings. Power Settlements has a very strong track record of rolling out the future CAISO market changes to our customers on-time and at no additional cost to our customers. Power Settlements has multiple SCPPA customers and has customers that use the MSS “Gross” and “Net” options, which are both in production use in the SettleCore settlement system. Power Settlements has been an existing vendor at Vernon since 2015, and through this RFP response, we propose to continue to provide Vernon with superior Settlement Software and customer support. We are also located very close to Vernon as we are in Glendora, CA and are able to meet with Vernon onsite for additional meetings and training when required (no travel expenses required). 551 Power Settlements – Settlement Software for Vernon Confidential Page 18 8.2 Professional Resumes David Dan, President Mr. David Dan, managing member of Power Settlements, is and will continue to be the lead representative of Power Settlements in our relationship with Vernon. David founded Power Settlements in 2007, and is responsible for setting Power Settlements’ strategic objectives and executing the expansion of the SettleCore system into all of the ISOs/RTOs. David is responsible for customer relationship management, sales, and overseeing all phases of software development. David is an expert in CAISO settlements and is responsible for designing the business functionality in all of the SettleCore modules for the CAISO market. Prior to starting Power Settlements, David worked at various consulting firms including Deloitte & Touché, where he consulted for many of the CAISO participants, including investor owned utilities, independent generators, power marketers, and municipalities. David first started his career in the ISO/RTO space when he joined the California Power Exchange in 1998, where he was a senior settlement analyst, led the dispute group, and trained market participants on validating their CAISO settlement statement charges. Toni Girard, Manager of Quality Assurance and Customer Support Toni has over 15 years of experience delivering and supporting software solutions for deregulated energy markets. Prior to joining Power Settlements, Toni was employed at Brady Energy and worked on multiple large-scale settlement system delivery projects for ISO/Market Operators both domestically for the California Power Exchange and internationally for markets in Korea, Philippines, Western Australia and Ireland. She has a broad knowledge base of energy software delivery and support, having held positions of Settlement Business Analyst, Test Manager, Configuration Specialist, and Support Manager. Toni joined the Power Settlements team in 2014 and is responsible for all aspects of Quality Assurance for Power Settlements SettleCore ISO/RTO, ETRM and PPA Settlement software as well as the management of Customer Support. Michael Aparicio, VP of Software Development Michael was the first employee hired by Power Settlements, when he joined in late 2007. Michael is highly knowledgeable of the business side of settlements in the ISO/RTO markets. As the original software architect of the SettleCore system, Michael performed all of the initial software development of the SettleCore ISO/RTO modules for Power Settlements’ CAISO customers. Michael now leads our software development team and is directly responsible for architecting the SettleCore ISO/RTO system and PPA Settlement system for our expansion into additional markets. Michael is known for his quick turnaround times for our customers and for providing overall superior customer service. 552 Power Settlements – Settlement Software for Vernon Confidential Page 19 Million Abraham, Manager of Software Development Million is the lead architect of the SettleCore ETRM functionality and is also directly responsible for the support and development of the highly interactive SettleCore Visual Analytics Module. Million joined Power Settlements in 2010 and has broad functional and technical expertise in energy software design and development. As the lead with responsibility for software and interface development and technical system support, Million has been a key contributor to multiple successful and on-time delivery projects for SettleCore ETRM and PPA Settlement system solutions. Prior to joining Power settlements, Million worked for a major financial company in South Africa as a software developer. Russell Haggard, Senior Software Developer Russell joined Power Settlements in the fall of 2013 as a software development intern and has since been promoted to lead software developer. Currently, Russell works on the development and support of SettleCore software modules including SettleCore PPA Settlement and SettleCore ISO/RTO modules. Before joining Power Settlements, Russell had worked as an independent contractor for an IT consulting company developing business applications and websites. 8.3 Sample Projects and Time This section does not apply to Power Settlements, as the staff members would not need to implement a new project for Vernon. Rather, Power Settlements has already deployed the Settlement Software at Vernon. David Dan is the lead customer representative for Power Settlements. Million Abraham is the lead developer that works with Vernon customizations. Toni Girard is in charge of all customer support for Vernon. We have several other staff members that are involved in supporting the development and Daily Processing functions for Vernon. Please see the “References” section for a list of our CAISO and EIM customers which have had the SettleCore solution deployed by Power Settlements. 8.4 Examples of Professional Product Our best example of our professional product is the SettleCore system which is already installed and in production use at Vernon. Vernon may view all of the screens, functions, and reports of our proposed solution for the Settlement Software in the SettleCore application that is already installed. 553 Power Settlements – Settlement Software for Vernon Confidential Page 20 8.5 No Subcontracting Power Settlements confirms that we will not subcontract work under the RFP nor assign any work without the prior written consent of the City of Vernon. 9. Overview of the SettleCore Settlement Software Modules The following SettleCore Settlement Software modules are included in the Power Settlements RFP response for Vernon. Please see the attached “Brochure SettleCore Module Descriptions” for additional details on these modules. • ISO Downloader Module: Automates the download of 100% of CAISO data sources and reports that have an API (ADS, CMRI, Master File, MRI-S Meter, MRI-S Settlements, OMS Outages, etc.). Includes time-triggered downloads and allows for manually-initiated downloads. All data downloads are versioned. Includes screens to view the data, generally in pivot tables, and a Create-a-Report screen for extracting 100% of CAISO data sources to spreadsheets by date range. • Settlements Analyzer Module: Drill-down into ISO invoices, Settlement Statements, billing determinants. Compare any two files (ISO vs. ISO, ISO vs. Shadow, and Shadow vs. Shadow), and view differences. Drill-down from the summary level to the lowest detail level (5-minute). • Shadow Settlements Module: Estimates CAISO charge codes in a predictive shadow settlement before the CAISO publishes Settlement files. Other charge codes which cannot be estimated to within one cent are validated after the CAISO Settlement files are imported. Results are displayed in the Settlements Analyzer Module. • Visual Analytics Module: Performs resource-level and portfolio-level post-analytics and real-time analytics in a visual dashboard. Includes all CAISO operational data points and internal data points such as SCADA meter data. Displays estimated PNL (“profit and loss”) and automatically flags exceeded thresholds via Business Rules. • Allocations Module: Creates a Settlement Statement at the Resource-level (ISO or Shadow). Includes a quantity, price and amount for each SC, resource, charge code, day, hour, and interval. Uses cost-causation allocation principles. o Note: This is a new module which Power Settlements is providing to Vernon at no additional cost. • Daily Processing Service: Included service at no additional cost, that Power Settlements provides, whereby we remotely log into Vernon’s SettleCore server and verify that the ISO Downloader Module auto-downloads complete successfully for each Trading Date. We initiate the Shadow Settlements Module routines and send a daily email to Vernon confirming that these processes have been completed. 554 Power Settlements – Settlement Software for Vernon Confidential Page 21 Optional Modules which Vernon may elect to add to the Settlement Software: • Bidding Module: Module which allows customers to define bidding strategies and auto-creates bid/offers for each resource, market, and hour. • Scheduling Module: Automates the submittal of bids/offers, self-schedules of energy and self-provision of ancillary services, and inter-SC trades to SIBR. Visual indicators to review the submissions to SIBR and the CAISO statuses. • Etag Module: Submit and report on NAESB/NERC Etags. Includes built-in reports and Etag data extraction. Please see the attached “Brochure SettleCore Module Descriptions”, which includes a more detailed overview of each of the modules included in the Power Settlements RFP response for Vernon. 10. Overview of the Power Settlements Solution Benefits to Vernon Power Settlements’ proposed solution provides multiple benefits to Vernon. A few of the major benefits, include: 1. The proposed SettleCore settlement system, is already 100% deployed and in production use at Vernon. Power Settlements is the only vendor solution that will not require Vernon to perform a system replacement nor an integration and customized reporting effort. 2. The most comprehensive Shadow Settlement system in the CAISO market (best of breed) with 5-minute level Settlements. 3. The most comprehensive Visual Analytics dashboards for post-analytics and real-time analytics in the CAISO market (best of breed). 4. A proven shadow calculation for Metered Subsystems (“MSS”) settlements on a “Gross” or “Net” basis, which Vernon has. 5. A proven solution used by multiple public power agencies in the CAISO market including the SCPPA participants City of Vernon, City of Riverside, and City of Pasadena, and others such as Sacramento Municipal Utility District, and the San Francisco Public Utilities Commission for the City and County of San Francisco, and other utilities such as Southern California Edison, PacifiCorp, and others. 6. A large customer base in the CAISO and EIM markets (17 companies with one or more modules). 7. The best customer support in the industry. 555 Power Settlements – Settlement Software for Vernon Confidential Page 22 8. Our proposal includes all future CAISO-initiated market changes, which affect the existing SettleCore software, at no additional cost in the future to Vernon. 9. Includes the SettleCore - Allocations Module (which re-creates settlement files at the resource-level for all charge codes, based off of either CAISO statements or Shadow Settlement statements) at no additional cost to Vernon. 10. Includes 50 Customization Hours per year, which allow Vernon to determine which custom reports and customizations to the SettleCore screens they would like to be included, at no additional cost. 11. Includes 100% access to the database. Many other vendors restrict the ability of their customers to access the database in which their CAISO data is stored. Power Settlements allows customers to have full read access to the database. 12. A single, completely integrated solution, with one application and one login, with full CAISO integration. 13. Includes a full history of all of Vernon’s CAISO data sources and Settlements back as well as SCADA data back to November 2015 (ADS, CMRI, Master File, MRI-S Meter, MRI-S Settlement Statements and Billing Determinants and Invoices, OMS, and SIBR) in the SettleCore database. A benefit of Vernon selecting Power Settlements is that there is an existing repository of all of Vernon’s activity that will be able to be used by Vernon. 14. A 100% record of deploying the SettleCore solution at or under budget. 11. Affidavit of Non-Collusion The Affidavit of Non-Collusion is signed and included with our RFP response. This is in the attachment “PowerSettlements_RFP_Affidavit of Non-Collusion.PDF”. 12. Brochure: SettleCore Module Descriptions The attachment “PowerSettlements_RFP_Brochure SettleCore Module Descriptions.PDF” includes a more detailed overview, with select print screens, of each of the SettleCore Settlement Software modules provided in the Power Settlements RFP response for Vernon. 556