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20220802 City Council Agenda PacketRegular Vernon City Council Meeting Tuesday, August 2, 2022 Page 1 of 8 Agenda City of Vernon Regular City Council Meeting Tuesday, August 2, 2022, 9:00 AM City Hall, Council Chamber 4305 Santa Fe Avenue Vernon, California Leticia Lopez, Mayor Crystal Larios, Mayor Pro Tem William Davis, Council Member Judith Merlo, Council Member Melissa Ybarra, Council Member MEETING ATTENDANCE PROTOCOLS Assembly Bill 361 (AB 361) authorizes public meetings to take place via teleconference because State and Local officials are recommending measure to promote social distancing. Meetings are conducted in a hybrid format that includes both in-person and Zoom public participation. The public is encouraged to view the meeting at https://www.cityofvernon.org/webinar-cc or by calling (408) 638-0968, Meeting ID 820-1441-7633#. You may address the Council via Zoom or submit comments to PublicComment@cityofvernon.org with the meeting date and item number in the subject line. CALL TO ORDER FLAG SALUTE ROLL CALL APPROVAL OF 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. Regular Vernon City Council Meeting Tuesday, August 2, 2022 Page 2 of 8 PRESENTATIONS 1. City Administration City Administrator Report: • New Business Welcome • June Job Fair Recap • Vernon CommUNITY Fund Highlights • Southern California Public Power Authority Tour • Community Engagement • Business Anniversary Highlight Recommendation: No action is required by City Council. This is a presentation only. PUBLIC HEARINGS 2. Public Works Urgency Ordinance No. 1286 Extending Interim Urgency Ordinance No. 1283 - Warehouse Moratorium Recommendation: A. Find that the proposed action is exempt from California Environmental Quality Act (CEQA) review, because it is general policy and procedure-making activity that is unrelated to any specific project, which must undergo separate CEQA review, and that will not result in direct physical changes or reasonably foreseeable indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378; and B. Adopt Urgency Ordinance No. 1286, pursuant to Government Code Section 65858, extending a moratorium on the establishment, expansion, or modification of warehouse uses, freight terminals, truck terminals, container storage, and container parking within the City of Vernon for an additional ten (10) months and fifteen (15) days, or until City Council's adoption of an ordinance addressing the moratorium issues, whichever occurs first. 1. Urgency Ordinance No. 1286 2. Adopted Ordinance No. 1283 - Interim Urgency Ordinance Warehouse Moratorium 3. 10-Day Report on Urgency Moratorium (July 19, 2022 Staff Report) 4. Notice of Public Hearing Regular Vernon City Council Meeting Tuesday, August 2, 2022 Page 3 of 8 3. Public Works Ordinance No. 1287 Amending Title 17 of the Vernon Municipal Code pertaining to Warehouse Uses Recommendation: A. Find that the proposed action is exempt from California Environmental Quality Act (CEQA) review, because it is general policy and procedure-making activity that is unrelated to any specific project, which must undergo separate CEQA review, and that will not result in direct physical changes or reasonably foreseeable indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378; B. Introduce and conduct first reading of Ordinance No. 1287 amending Chapters 17.16.020 and 17.24.020 and adding Chapter 17.24.035 to Title 17 (Zoning) of the Vernon Municipal Code relating to warehouse uses; and C. Direct staff to schedule second reading and adoption for the August 16, 2022 City Council Meeting. 1. Ordinance No. 1287 2. Notice of Public Hearing CONSENT CALENDAR All matters listed on the Consent Calendar are to be approved with one motion. Items may be removed from the Consent Calendar for individual consideration. Removed items will be considered immediately following the Consent Calendar. 4. City Clerk Approval of Minutes Recommendation: Approve the July 19, 2022 Regular City Council meeting minutes. 1. 20220719 City Council Minutes 5. City Clerk Claims Against the City Recommendation: Receive and file claims submitted by Jeffrey Levin in the amount of $2,106.28; and Elia Ramirez in the amount of $322.92. 1. Claim for Damages - Jeffrey Levin 20220718 2. Claim for Damages - Elia Ramirez 20220719 6. City Clerk Franchise Towing Fee Agreements Recommendation: A. Conduct second reading and adopt Ordinance No. 1284 granting to Mr. C's Towing of South Gate, Inc., a franchise towing services agreement; and B. Conduct second reading and adopt Ordinance No. 1285 granting Towwerks, LLC. (dba Viertel's Central / Northeast Division), a franchise towing services agreement. 1. Ordinance No. 1284 2. Ordinance No. 1285 3. Ordinance 1284 Proof of Publication 4. Ordinance 1285 Proof of Publication Regular Vernon City Council Meeting Tuesday, August 2, 2022 Page 4 of 8 7. City Clerk Conduct of Meetings via Teleconference Pursuant to Assembly Bill 361 Recommendation: Ratify the findings in Resolution No. 2021-36 authorizing continued conduct of City Council and all other City legislative body meetings via teleconference, in accordance with Assembly Bill 361 (AB 361), due to continued public health and safety concerns caused by COVID-19. 1. Resolution No. 2021-36 8. Finance/Treasury Operating Account Warrant Register Recommendation: Approve Operating Account Warrant Register No. 91, for the period of July 3 through July 16, 2022, totaling $9,100,269.42 and consisting of ratification of electronic payments totaling $8,941,191.72 and ratification of the issuance of early checks totaling $159,077.70. 1. Operating Account Warrant Register No. 91 9. Finance/Treasury Redevelopment Agency Obligation Retirement Account Warrant Register Recommendation: Approve Redevelopment Agency Obligation Retirement Account Warrant Register No. 65, for the period of April 17 through July 16, 2022 and consisting of ratification of electronic payments totaling $8,000.00. 1. Redevelopment Agency Obligation Retirement Account Warrant Register No. 65 10. Public Works Public Works Department Monthly Report Recommendation: Receive and file the June 2022 Building Report. 1. Public Works Department June 2022 Building Report 11. Police Department Mutual Aid Operational Plan Agreement Recommendation: Approve and authorize the Chief of Police to execute a Mutual Aid Operational Plan Agreement, in substantially the same form as submitted. 1. Mutual Aid Operational Plan Agreement 2022 12. Public Utilities Supplemental to Purchase Contract LP-0728 with ABB, Inc. Recommendation: A. Find that the best interests of the City are served by a direct award of a Supplemental to ABB, Inc., without a competitive selection process pursuant to Section 3.32.110 B.2 of the Vernon Municipal Code (VMC); and B. Authorize a Supplemental to Purchase Contract LP-0728 with ABB, Inc. in an amount not to exceed $9,445.81. 1. ABB Invoice No. 7105603816 2. ABB Invoice No. 7105550828 Regular Vernon City Council Meeting Tuesday, August 2, 2022 Page 5 of 8 13. Public Utilities Sale of Surplus Vernon Public Utilities Vehicle to Petrelli Electric, Inc. Recommendation: Approve and authorize the City Administrator to execute the Purchase and Sale Agreement with Petrelli Electric, Inc. (Petrelli Electric), in substantially the same form as submitted, for the sale of one surplus 2008 Chevrolet Silverado 2500HD vehicle for the price of $6,500. 1. Purchase and Sale Agreement with Petrelli Electric 14. Public Works Heating, Ventilation, and Air Conditioning (HVAC) System Yearly Maintenance Contract Recommendation: A. Find that approval of the proposed action is categorically exempt from California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines Section 15301, because the project consists of the restoration or rehabilitation of deteriorated existing equipment and involves negligible or no expansion of an existing use; and B. Approve a Purchase Contract with Western Allied in the amount of $50,000 for maintenance and inspection services for the City’s HVAC system. 1. Western Allied Maintenance and Inspection Proposal 15. Police Department Federal Equitable Sharing Agreement and Annual Certification Report Recommendation: Approve and authorize the Police Chief and City Administrator to execute the Federal Equitable Sharing Agreement and Annual Certification Report. 1. FY 2021-2022 ESAC Form (Draft) 16. City Administration Report on Vehicle Purchases Approved by the City Administrator Recommendation: Receive and file the report. 17. Public Works National Auto Fleet Group Multiple Vehicle Purchase Recommendation: A. Approve the purchase of five new 2022 Ford F -150 Lighting Pro 4WD SuperCrew Work Trucks through National Auto Fleet Group, for a total cost of $230,846.60; and B. Authorize the City Administrator to approve comparable vehicle purchases for a total not-to-exceed $250,000 for the Public Works Department should the vehicles noted above no longer be available through the National Auto Fleet Group. 1. National Auto Fleet Group - Ford F150 EV Quote Regular Vernon City Council Meeting Tuesday, August 2, 2022 Page 6 of 8 NEW BUSINESS 18. Human Resources Memorandum of Understanding by and between the City of Vernon and the International Brotherhood of Electrical Workers, Local 47 Recommendation: Adopt Resolution No. 2022- 30 approving the Memorandum of Understanding by and between the City of Vernon and the International Brotherhood of Electrical Workers, Local 47 (IBEW) for the period of July 1, 2022 through June 30, 2025. 1. Resolution No. 2022-30 2. 2022-2025 IBEW MOU (Redline) 19. Human Resources Amendment to Classification and Compensation Plan Recommendation: A. Approve new job descriptions; and B. Adopt Resolution No. 2022-31 amending Exhibits A and C of the Classification and Compensation Plan adopted by Resolution No. 2022-29 adding new classifications and associated salary ranges for Payroll Analyst and Power Resources Settlement Analyst, Senior; deleting the classification of Payroll Specialist, Senior; and incorporating Cost of Living Adjustments for classifications represented by the International Brotherhood or Electrical Workers (IBEW) Local 47. 1. New Job Descriptions 2. Resolution No. 2022-31 3. Classification and Compensation Plan Exhibits (Redline) 20. Public Utilities Construction Contract with J.D.M.L., Inc. dba Standard Industries for Pumping Plant Demolition and Site Improvements Recommendation: A. Find that the proposed action is categorically exempt from California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines Section 15301, because the project consists of the maintenance, repair or minor alteration of existing facilities including the demolition and removal of individual small structures, and involves negligible or no expansion of an existing use; B. Accept the bid from J.D.M.L., Inc. dba Standard Industries (Standard Industries) as the lowest responsive and responsible bidder and reject all other bids; C. Approve and authorize the City Administrator to execute a Construction Contract with Standard Industries in substantially the same form as submitted, in an amount not-to-exceed $397,613 for Pumping Plant Demolition and Site Improvements; and D. Authorize a contingency amount of $40,000 in the event of unforeseen changes in the project and grant authority to the City Administrator to issue Change Orders for an amount up to the contingency amount, if necessary. 1. Construction Contract with J.D.M.L., Inc. dba Standard Industries Regular Vernon City Council Meeting Tuesday, August 2, 2022 Page 7 of 8 21. Public Utilities Professional Services Agreement with Bell Burnett & Associates (BB&A) for Specialized Natural Gas Advisory Services Recommendation: A. Find that the proposed Services Agreement with BB&A is exempt from competitive selection pursuant to Vernon Municipal Code (VMC) Section 3.32.110 as the best interests of the City are served by a direct award of the contract without a competitive selection process; and B. Approve and authorize the City Administrator to execute a Professional Services Agreement with BB&A, in substantially the same form as submitted, to provide specialized natural gas advisory services in connection with the planning and implementation of a Natural Gas Procurement Strategy and Energy Risk Management Policy, in an amount not to exceed $100,000. 1. Services Agreement with Bell Burnett & Associates ORAL REPORTS City Administrator Reports on Activities and Other Announcements. City Council Reports on Activities (including AB 1234), Announcements, or Directives to Staff. CLOSED SESSION 22. CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 54957.6 Agency Designated Representative: Carlos Fandino, City Administrator Employee Organization: Vernon Police Management Association CLOSED SESSION REPORT ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted in accordance with the applicable legal requirements. Regular and Adjourned Regular meeting agendas may be amended up to 72 hours and Special meeting agendas may be amended up to 24 hours prior to the meeting. Dated: July 28, 2022. By: ______/s/__________ Lisa Pope, City Clerk Regular Vernon City Council Meeting Tuesday, August 2, 2022 Page 8 of 8 Guide to City Council Proceedings Meetings of the City Council are held the first and third Tuesday of each month at 9:00 a.m. and are conducted in accordance with Rosenberg's Rules of Order (Vernon Municipal Code Section 2.04.020). Copies of all agenda items and back-up materials are available for review in the City Clerk Department, Vernon City Hall, 4305 Santa Fe Avenue, Vernon, California, and are available for public inspection during regular business hours, Monday through Thursday, 7:00 a.m. to 5:30 p.m. Agenda reports may be reviewed on the City's website at www.cityofvernon.org or copies may be purchased for $0.10 per page. Disability-related services are available to enable persons with a disability to participate in this meeting, consistent with the Americans with Disabilities Act (ADA). In compliance with ADA, if you need special assistance, please contact the City Clerk department at CityClerk@ci.vernon.ca.us or (323) 583-8811 at least 48 hours prior to the meeting to assure arrangements can be made. The Public Comment portion of the agenda is for members of the public to present items, which are not listed on the agenda but are within the subject matter jurisdiction of the City Council. The City Council cannot take action on any item that is not on the agenda but matters raised under Public Comment may be referred to staff or scheduled on a future agenda. Comments are limited to three minutes per speaker unless a different time limit is announced. Speaker slips are available at the entrance to the Council Chamber. Public Hearings are legally noticed hearings. For hearings involving zoning matters, the applicant and appellant will be given 15 minutes to present their position to the City Council. Time may be set aside for rebuttal. All other testimony shall follow the rules as set for under Public Comment. If you challenge any City action in court, you may be limited to raising only those issues you or someone else raised during the public hearing, or in written correspondence delivered to the City Clerk at or prior to the public hearing. Consent Calendar items may be approved by a single motion. If a Council Member or the public wishes to discuss an item, it may be removed from the calendar for individual consideration. Council Members may indicate a negative or abstaining vote on any individual item by so declaring prior to the vote on the motion to adopt the Consent Calendar. Items excluded from the Consent Calendar will be taken up following action on the Consent Calendar. Public speakers shall follow the guidelines as set forth under Public Comment. New Business items are matters appearing before the Council for the first time for formal action. Those wishing to address the Council on New Business items shall follow the guidelines for Public Comment. Closed Session allows the Council to discuss specific matters pursuant to the Brown Act, Government Code Section 54956.9. Based on the advice of the City Attorney, discussion of these matters in open session would prejudice the position of the City. Following Closed Session, the City Attorney will provide an oral report on any reportable matters discussed and actions taken. At the conclusion of Closed Session, the Council may continue any item listed on the Closed Session agenda to the Open Session agenda for discussion or to take formal action as it deems appropriate. City Council Agenda Item Report Submitted by: Diana Figueroa Submitting Department: City Administration Meeting Date: August 2, 2022 SUBJECT City Administrator Report: New Business Welcome June Job Fair Recap Vernon CommUNITY Fund Highlights Southern California Public Power Authority Tour Community Engagement Business Anniversary Highlight Recommendation: No action is required by City Council. This is a presentation only. Background: The City Administrator Report is a presentation highlighting City projects, responses to Council inquiries, and events and activities of interest to the community. The report will be available at the time of the meeting. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: None. City Council Agenda Item Report Submitted by: Daniel Wall Submitting Department: Public Works Meeting Date: August 2, 2022 SUBJECT Urgency Ordinance No. 1286 Extending Interim Urgency Ordinance No. 1283 - Warehouse Moratorium Recommendation: A. Find that the proposed action is exempt from California Environmental Quality Act (CEQA) review, because it is general policy and procedure-making activity that is unrelated to any specific project, which must undergo separate CEQA review, and that will not result in direct physical changes or reasonably foreseeable indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378; and B. Adopt Urgency Ordinance No. 1286, pursuant to Government Code Section 65858, extending a moratorium on the establishment, expansion, or modification of warehouse uses, freight terminals, truck terminals, container storage, and container parking within the City of Vernon for an additional ten (10) months and fifteen (15) days, or until City Council's adoption of an ordinance addressing the moratorium issues, whichever occurs first. Background: On June 21, 2022, pursuant to Government Code Section 65858, the City Council adopted Ordinance No. 1283 (Attachment 2), a 45-day urgency moratorium ordinance. Ordinance No. 1283 was adopted to protect the public health, safety, and welfare by prohibiting the establishment, expansion, or modification of warehouse uses, freight terminals, truck terminals, container storage, and container parking in the City of Vernon. Subsequently, pursuant to Government Code Section 65858(d) which requires that at least 10-days prior to the expiration of a 45-day urgency ordinance the City issue a written report describing the measures taken to alleviate the conditions which led to the adoption of the moratorium, staff provided Council with a report at its July 19, 2022 City Council meeting (Attachment 3). The report described staff's engagement with the business community and its commencement of the process to amend Chapter 17 (Zoning Code) of the Vernon Municipal Code (VMC). Staff is prepared to present a draft ordinance pertaining to warehouse use to City Council for first reading at its August 2, 2022 meeting. The permanent ordinance would change new warehouse uses on lots encompassing 150,000 square feet or more from allowance by right to approval through approval of a development agreement by the City Council. NEED TO EXTEND THE MORATORIUM The urgency moratorium (authorized by Urgency Ordinance No. 1283) was immediately required to preserve public health, safety, and welfare. It is recommended that proposed Ordinance No. 1286 be adopted to immediately extend the moratorium to make certain that permits for warehouse and related businesses are issued only under adequate regulations and consistent with the City’s future goals for development and expansion. Temporary extension of the Moratorium will allow the City sufficient time to conclude the preparation of comprehensive studies and plans for the regulation of such activities. The absence of this Ordinance would allow the proliferation of such businesses and their undesirable secondary impacts, and create a serious threat to the orderly and effective implementation of any amendments to the General Plan and the Zoning Code, and Specific Plan or Plans being developed, as well as the vision for the City going forward, contemplated by the City Council. It is proposed that the moratorium be extended for an additional ten (10) months and fifteen (15) days beyond its original expiration date, such that the Moratorium will now expire on June 20, 2023, or until the effective date of an ordinance adopted by City Council addressing the issues related to the establishment, expansion, or modification of warehouse uses, freight terminals, truck terminals, container storage, and container parking, whichever occurs first. Although amendments to the Zoning Code are being proposed at the August 2, 2022 Council meeting via the first reading of Ordinance No. 1287, adoption will follow a second reading at a subsequent Council meeting. Even if approved by the City Council in successive meetings, the proposed permanent ordinance would not take effect prior to the current 45-day warehouse moratorium expiration date of August 5, 2022. Under Government Code Section 65858(a), the City Council may extend the urgency ordinance and moratorium for an additional 10 months and 15 days, and subsequently for one year, for a total of two years. Due to noticing, public hearing and procedural requirements for the adoption of ordinance noted above, staff recommends that Ordinance No. 1283 be extended to remain in place until the permanent zoning change takes effect. Pursuant to Vernon Municipal Code Section 17.18.030 and Government Code Section 65091, on July 21, 2022, the public hearing notice was posted at City Hall, and published in the Huntington Park Bulletin (Attachment 4). Fiscal Impact: There is no fiscal impact associated with this report. Attachments: 1. Urgency Ordinance No. 1286 2. Adopted Ordinance No. 1283 - Interim Urgency Ordinance Warehouse Moratorium 3. 10-Day Report on Urgency Moratorium (July 19, 2022 Staff Report) 4. Notice of Public Hearing URGENCY ORDINANCE NO. 1286 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON, PURSUANT TO GOVERNMENT CODE SECTION 65858, EXTENDING A MORATORIUM ON THE ESTABLISHMENT, EXPANSION, OR MODIFICATION OF WAREHOUSE USES, FREIGHT TERMINALS, TRUCK TERMINALS, CONTAINER STORAGE, AND CONTAINER PARKING WITHIN THE CITY OF VERNON FOR AN ADDITIONAL TEN (10) MONTHS AND FIFTEEN (15) DAYS, OR UNTIL CITY COUNCIL’S ADOPTION OF AN ORDINANCE ADDRESSING THE MORATORIUM ISSUES, WHICHEVER OCCURS FIRST SECTION 1. Recitals. A.The City of Vernon (City) is a municipal corporation and a chartered city of the State of California organized and existing under its charter and the Constitution of the State of California. B.The State Planning and Zoning Law (California Government Code Sections 65000, et seq.) broadly empowers the City to plan for and regulate the use of land in order to provide for orderly development, the public health, safety, and welfare, and a balancing of property rights and the desires of the community. C.Government Code Section 65858 provides that a city legislative body may, in order to protect public safety, health and welfare, adopt as an urgency measure an interim ordinance prohibiting any uses that may conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body is considering or studying or intends to study within a reasonable time, provided such urgency measures are adopted by four-fifths vote of the legislative body and include findings that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional entitlements would result in that threat to public health, safety, or welfare. D.On June 21, 2022, pursuant to the authority conferred upon the City Council by Government Code Section 65858, the City Council adopted Interim Urgency Ordinance No. 1283 by a unanimous vote, establishing a 45-day moratorium on the establishment, expansion, or modification of warehouse uses, freight terminals, truck terminals, container storage, and container parking within the City of Vernon (Moratorium) and declaring the urgency thereof. The City Council also adopted Interim Urgency Ordinance No. 1283 as an emergency measure, pursuant to Chapter 4.4 of the Charter of the City of Vernon, for the immediate preservation of the public safety, health, or peace. E.The Moratorium will expire on August 5, 2022, unless extended pursuant to Government Code Section 65858, which authorizes the City Council, after notice pursuant to Government Code Section 65090 and a public hearing, to adopt an Ordinance No. 1286 Page 2 of 7 _______________________ ordinance extending the moratorium for ten (10) months and fifteen (15) days, upon approval by a four-fifths vote, and upon making the same findings required for initial adoption of the Moratorium. F.Government Code Section 65858(d) requires the City Council, at least ten days prior to expiration of the Moratorium or any extension thereof, to issue a written report describing the measures taken to alleviate the condition which led to the adoption of the Moratorium. G.In accordance with Government Code Section 65858(d), on July 19, 2022, the City Council approved and issued a ten-day report, describing the measures being taken to alleviate the conditions which led to the adoption of the Moratorium. H.The City intends to update the Vernon Municipal Code to address the potential health, safety, and welfare impacts of warehouse uses, freight terminals, truck terminals, container storage, and container parking, which are not addressed by the City’s current zoning regulations. I.Pursuant to Government Code Section 65858, the City Council wishes to extend the Moratorium for a period of ten (10) months and fifteen (15) days, or until the effective date of an ordinance adopted by City Council addressing the issues related to the establishment, expansion, or modification of warehouse uses, freight terminals, truck terminals, container storage, and container parking, whichever occurs first. J.At a duly noticed public hearing, testimony evidence was heard and presented from all persons protesting the same and from members of City staff, and the City Council has reviewed, analyzed, considered, and studied all oral and written testimony and evidence presented at such public hearing. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct and are a substantial part of this Ordinance. SECTION 3. The City Council of the City of Vernon hereby extends Interim Urgency Ordinance No. 1283 and the moratorium on any establishment, expansion, or modification of warehouse uses, freight terminals, truck terminals, container storage, and container parking within the City of Vernon, for an additional ten (10) months and fifteen (15) days beyond its original expiration date, or until the effective date of an ordinance adopted by City Council addressing the issues related to the establishment, expansion, or modification of warehouse uses, freight terminals, truck terminals, container storage, and container parking, whichever occurs first. Ordinance No. 1286 Page 3 of 7 _______________________ SECTION 4. Urgency Findings. California Government Code Section 65858 authorizes the City Council, after notice pursuant to Government Code Section 65090 and a public hearing, to adopt an ordinance extending the Moratorium for ten (10) months and fifteen (15) days, upon approval by a four-fifths vote, and upon making the same findings required for initial adoption of the Moratorium. In accordance with Government Code Section 65858 and Vernon City Charter Chapter 4.4, in order to protect the public health, safety, and welfare, the City Council of the City of Vernon hereby finds, determines, and declares that: A.The City has experienced significant growth of large warehouses, distribution facilities, and related businesses. These facilities can generate unique environmental impacts on surrounding properties and the larger community, including frequent truck traffic, noise impacts from on-site operations, emissions and air quality issues, and maintenance impacts on City streets. B.The Moratorium is being temporarily extended to allow the City sufficient time to review, study and revise the City’s laws, rules, procedures, and fees related to warehouse and related businesses in the City of Vernon. In light of the City’s exceptionally low vacancy rate and continued growth of large warehouse and related facilities, the City Council finds that the following adverse public safety, health, and welfare impacts are of real concern: 1.Establishment, expansion, or modification of warehouse and related businesses may create immediate irreversible and costly adverse impacts in the community; to wit, street damage, noise, vibration, and pollution. These impacts are already dire for the City and would worsen and become less manageable with every new warehouse facility that begins or expands its operation in the City of Vernon. The City cannot afford to continue to impose such impacts onto its budget and its citizens and cannot allow these impacts to accumulate any further while the General Plan and Zoning Code are updated, and Specific Plan or Plans are being developed. 2.It is now essential to determine the development capacity within the City where such businesses are currently permitted, considering the capabilities of infrastructure and public services. 3.Through analysis of the impacts currently imposed by the current amount of truck traffic generated by warehouse and related facilities, traffic studies to determine ways in which to minimize truck traffic impacts, and measures that the City can take to mitigate or prevent impacts from logistics facilities altogether. 4.Absent the adoption of this Ordinance, the establishment, expansion, or modification of warehouse and related businesses could result in the negative and harmful secondary effects identified above. Ordinance No. 1286 Page 4 of 7 _______________________ 5.As a result of the negative and harmful secondary effects associated with the establishment, expansion, or modification of warehouse and related businesses, the current and immediate threat these businesses pose to the public health, safety, and welfare, and the potential zoning conflicts that would be created by such development, it is necessary to adopt a temporary extension of the Moratorium on the establishment, expansion, or modification of warehouse and related businesses in the City. 6.The Moratorium is necessary in order to protect the City and its residents, businesses and visitors from the potential health and safety impacts of logistics businesses, including air quality, noise, traffic, parking, and other impacts, and to preserve the quality of life and protect the health, safety, and welfare of the surrounding communities. 7.The Moratorium is immediately required to preserve the public health, safety, and welfare and should be extended immediately as an urgency ordinance, to make certain that permits for warehouse and related businesses are issued only under adequate regulations and consistent with the City’s future goals for development and expansion. Temporary extension of the Moratorium will allow the City sufficient time to conclude the preparation of comprehensive studies and plans for the regulation of such activities. The absence of this Ordinance would allow the proliferation of such businesses and their undesirable secondary impacts, and create a serious threat to the orderly and effective implementation of any amendments to the General Plan and the Zoning Code, and Specific Plan or Plans being developed, as well as the vision for the City going forward, contemplated by the City Council. 8.Truck trips generated by logistics facilities have direct impacts on the community including traffic, air quality, noise, vibrations, and health impacts on the community. 9.Truck traffic increases the maintenance costs of streets for the City. For example, a 1999 study for the City of Irwindale concluded that one loaded mining truck causes street damage equivalent to that caused by 10,000 automobiles. City of Irwindale Mining Reclamation Impact Study, prepared by Greystone, March 1999, Vol. I, p. iii @ 2.a., and Vol. II., pp. 25-29. A loaded mining truck weighs approximately 80,000 pounds, which is comparable to the average weight of loaded 18-wheeler trucks that commonly traverse the City of Vernon to and from warehouse facilities. The City intends to further research this issue and determine the impacts of trucks with three axles or more. 10. Trucks likely affect air quality, as their emissions are many times those of passenger vehicles, and thus are also likely to have concomitant health effects. Diesel engines emit a complex mixture of air pollutants, including both gaseous Ordinance No. 1286 Page 5 of 7 _______________________ and solid material. The solid material in diesel exhaust is known as diesel particulate matter (DPM). DPM is considered a subset of particulate matter less than 2.5 microns in diameter (PM2.5). Most PM2.5 derives from combustion, such as use of gasoline and diesel fuels by motor vehicles, DPM is most concentrated adjacent to freeways and streets traveled by trucks. PM2.5 is the size of ambient particulate matter air pollution most associated with adverse health effects of the air pollutants that have ambient air quality standards. These health effects include cardiovascular and respiratory hospitalizations, and premature death. C.Over the next few months, the City will update its General Plan and Zoning Code and adopt a Specific Plan or Plans to update its goals and policies for the development of the City. While the City recognizes the value of warehouse facilities, the City must balance the interests of such businesses on the one hand, and the well-being of the community, attraction of land uses that create high-paying jobs, generate revenues to pay for road maintenance and other essential services, and ensure that warehouse facilities mitigate their fair share of impacts on the City and the surrounding community. D.Because of the actual and potential detrimental impacts of warehouse and related uses upon the City, which impacts may not be presently adequately addressed by the City’s existing ordinances and zoning regulations, there is a need to temporarily extend the Moratorium on the establishment, expansion, or modification of warehouse uses, freight terminals, truck terminals, container storage, and container parking uses in order to study and develop policy guidance and potentially implement changes to the City’s zoning regulations and General Plan update. E.The City Council further finds that the Moratorium is a matter of local and Citywide importance and is not directed towards any particular person or entity that seeks to operate warehouse and related facilities. SECTION 5. Extension of Moratorium. A.Moratorium: Based on the findings set forth herein for the immediate preservation of the public health, safety, and welfare, during the effective period of this Ordinance, no application for permit will be accepted, no consideration of any application for permit will be made, and no permit will be issued by the City for the establishment, expansion, or modification of any logistics facilities within the City until this Ordinance has expired or has been repealed according to applicable law. Subject to the Exemptions set forth below, all processing of existing applications for permits shall be suspended immediately. Ordinance No. 1286 Page 6 of 7 _______________________ B. Exemptions: This Ordinance shall not apply to the following: 1. The annual renewal of an existing business license, any permits necessary for the routine maintenance of the buildings or sites, or any permits necessary for repairs required due to an emergency or to protect the public health, safety, and welfare shall not be considered issuance of a permit. 2. Tenant improvements for current tenants within an existing building, provided the tenant improvements would not otherwise be considered an expansion or modification of the facility. 3. Any new or renewed lease agreement. 4. The establishment, expansion, or modification of any warehouse or related facilities with pending permits (which includes submittal of a site plan for review) or that have already received full approvals and commenced construction or incurred expenses for construction prior to this Ordinance. SECTION 6. Review and Study. During the period of this Ordinance, the Director of Public Works along with other City staff shall continue to review and study the adverse impacts of and the benefits provided by, warehouse and related facilities in the City, so as to quantify the concerns described in Section 4, and shall recommend proposed revisions to the City’s laws, rules, procedures, and fees related to these facilities, so as to enable the City to adequately and appropriately balance the rights of existing property owners and future applicants who wish to establish, expand, or modify logistics facilities, with the preservation of the health, safety and welfare of the communities. SECTION 7. Duration of Ordinance. The Moratorium is hereby extended for an additional ten (10) months and fifteen (15) days beyond its original expiration date, such that the Moratorium will now expire on June 20, 2023, or until the effective date of an ordinance adopted by City Council addressing the issues related to the establishment, expansion, or modification of warehouse uses, freight terminals, truck terminals, container storage, and container parking, whichever occurs first. Thereafter, this Moratorium shall be of no further force and effect unless, after a duly noticed public hearing, the City Council further extends the Moratorium for an additional period of time pursuant to Government Code Section 65858. SECTION 8. City Action. During the period of this Moratorium extension, the Director of Public Works or designee along with other City staff shall: (1) review and consider options for the regulation of warehouse uses, freight terminals, truck terminals, container storage, and container parking within the City of Vernon, and (2) shall issue a written report describing the measures which the City has taken to address the conditions which led to the adoption of this Ordinance to the City Council at least ten (10) days prior to the expiration of this Moratorium, or any extension thereof, and such report shall be made available to the public. Ordinance No. 1286 Page 7 of 7 _______________________ SECTION 9. Any provision of the Vernon Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further are repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 10. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this Ordinance are declared to be severable. SECTION 11. The City Clerk shall certify the adoption and publish this ordinance as required by law. SECTION 12. This Ordinance shall go into effect immediately upon adoption by 4/5 vote and shall be of no further force and effect ten (10) months and fifteen (15) days beyond its original expiration date, or until the effective date of an ordinance adopted by City Council addressing the issues related to the establishment, expansion, or modification of warehouse uses, freight terminals, truck terminals, container storage, and container parking, whichever occurs first. Thereafter, this Moratorium shall be of no further force and effect unless, after a duly noticed public hearing, the City Council further extends the Moratorium for an additional period of time pursuant to Government Code Section 65858. APPROVED AND ADOPTED this 2nd day of August, 2022. _______________________ LETICIA LOPEZ, Mayor ATTEST: _______ LISA POPE, City Clerk (seal) APPROVED AS TO FORM: _____________________________ ZAYNAH N. MOUSSA, City Attorney INTERIM URGENCY ORDINANCE NO. 1283 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON, PURSUANT TO GOVERNMENT CODE SECTION 65858, ADOPTING A 45-DAY TEMPORARY MORATORIUM ON THE ESTABLISHMENT, EXPANSION, OR MODIFICATION OF WAREHOUSE USES, FREIGHT TERMINALS, TRUCK TERMINALS, CONTAINER STORAGE, AND CONTAINER PARKING WITHIN THE CITY OF VERNON AND DECLARING THE URGENCY THEREOF SECTION 1. Recitals. A. The City of Vernon (City) is a municipal corporation and a chartered city of the State of California organized and existing under its charter and the Constitution of the State of California. B. The State Planning and Zoning Law (California Government Code Sections 65000, et seq.) broadly empowers the City to plan for and regulate the use of land in order to provide for orderly development, the public health, safety, and welfare, and a balancing of property rights and the desires of the community. C. This Interim Urgency Ordinance is enacted pursuant to the authority conferred upon the City Council of the City of Vernon by Government Code Section 65858 and shall be in full force and effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council as if, and to the same extent that, such Ordinance had been adopted pursuant to each of the individual sections set forth herein. The City Council of the City of Vernon also finds and declares that it is necessary and appropriate to adopt this Ordinance as an emergency measure, pursuant to Chapter 4.4 of the Charter of the City of Vernon, for the immediate preservation of the public safety, health, or peace. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct and are a substantial part of this Ordinance. SECTION 3. Definitions. The following definitions are applicable to this Interim Urgency Ordinance, unless the context clearly indicates otherwise: A. “Cargo container” shall mean any container sufficiently durable for repeated use which, by virtue of its own particular design, permits the temporary storage and protection of bulk commodities, goods, and other cargo, and which may be transported in various modes without intermediate loading or unloading. B. “Cargo container storage“ shall mean a facility for the storage or stacking of one or more cargo containers. Ordinance No. 1283 Page 2 of 8 _______________________ C. “Cargo container parking” shall mean a facility for the parking of a trailer, detached from the tractor unit, on which one or more cargo containers may be loaded. D. “Director” means the Director of Public Works, or his/her designee. E. “Establishment” means to bring into existence (a new warehouse facility). F. “Expansion” means: 1. Any increase of the total size of the floor area of any existing building; 2. Any expansion/intensification of truck yards, cargo container parking, and cargo container storage; 3. Construction of any new structure on the premises of an existing business; G. “Facility” means a temporary or permanent use of land or use of premises, a building or structure, or part of a building or structure. H. “Industrial wholesale” means an industrial facility consisting of the exchange of large quantities of goods for future distribution and resale for financial or other considerations. I. “Modification” means making any changes, remodeling, or alterations to an existing building or site that require permits. Modification shall include change in tenant at an existing facility requiring a business license. A change in tenant means any amendment to a lease agreement that extends the term of the lease for more than three years, or a new lease agreement with a term longer than three years. J. “Permit” means any City planning land use approvals, any new business license tax permit (including the transfer of a business license from one owner to another), and any building, grading, plumbing, electrical, or mechanical permit, whether the approval or issuance is discretionary or ministerial. K. “Portable storage rental facility” means operations that rent individual storage containers to members of the public or businesses for the storage of a variety of items. L. “Truck” means all Federal Highway Administration (FHWA) vehicle classes including Class 5 or higher. M. “Truck yard” means a principal use of land for parking or storage of trucks in active use with or without servicing or repairing of trucks as an incidental use thereto. Ordinance No. 1283 Page 3 of 8 _______________________ N. “Truck terminal” means a principal use of land or building where there are dock facilities for trucks, either partially enclosed or unenclosed, for the purposes of transferring goods or breaking down and assembling tractor-trailer transport. O. “Warehouse” means an industrial building used for the freight forwarding, deposit, storage, safekeeping, transportation of goods, distribution facilities, logistics services such as but not limited to material handling, packaging, inventory, transportation, storage, warehousing, industrial wholesale, portable storage rental facility, truck terminals, hazardous materials and/or hazardous waste facilities, truck yards, cargo container storage and cargo container parking, manufacturing uses with less than 50% of floor area devoted to manufacturing. SECTION 4. Urgency Findings. In accordance with California Government Code Section 65858 and Vernon City Charter Chapter 4.4, in order to protect the public health, safety, and welfare, the City Council of the City of Vernon hereby finds, determines, and declares that: A. The City has experienced significant growth of large warehouses, distribution facilities, and related businesses. These facilities can generate unique environmental impacts on surrounding properties and the larger community, including frequent truck traffic, noise impacts from on-site operations, emissions and air quality issues, and maintenance impacts on City streets. B. Government Code Section 65858 expressly authorizes the City Council, in order to protect public health, safety, and welfare, to adopt an interim urgency ordinance prohibiting a use that is in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission, or planning department is considering or studying or intends to study within a reasonable time, provided that the urgency ordinance shall require a four-fifths (4/5) vote of the legislative body for adoption, and shall be of no further force and effect 45 days from its date of adoption, unless duly extended. Chapter 4.4 of the Vernon City Charter also authorizes the City Council to adopt an emergency ordinance for the immediate preservation of public safety, health, or peace. C. This Ordinance is being adopted to allow the City sufficient time to review, study and revise the City’s laws, rules, procedures, and fees related to warehouse and related businesses in the City of Vernon. In light of the City’s exceptionally low vacancy rate and continued growth of large warehouse and related facilities, the City Council finds that the following adverse public safety, health, and welfare impacts are of real concern: a. Establishment, expansion, or modification of warehouse and related businesses may create immediate irreversible and costly adverse impacts in the community; to wit, street damage, noise, vibration, and pollution. These impacts are already dire for the City and would worsen and become less Ordinance No. 1283 Page 4 of 8 _______________________ manageable with every new warehouse facility that begins or expands its operation in the City of Vernon. The City cannot afford to continue to impose such impacts onto its budget and its citizens and cannot allow these impacts to accumulate any further while the General Plan and Zoning Code are updated, and Specific Plan or Plans are being developed. b. It is now essential to determine the development capacity within the City where such businesses are currently permitted, considering the capabilities of infrastructure and public services. c. Through analysis of the impacts currently imposed by the current amount of truck traffic generated by warehouse and related facilities, traffic studies to determine ways in which to minimize truck traffic impacts, and measures that the City can take to mitigate or prevent impacts from logistics facilities altogether. d. Absent the adoption of this Ordinance, the establishment, expansion, or modification of warehouse and related businesses could result in the negative and harmful secondary effects identified above. e. As a result of the negative and harmful secondary effects associated with the establishment, expansion, or modification of warehouse and related businesses, the current and immediate threat these businesses pose to the public health, safety, and welfare, and the potential zoning conflicts that would be created by such development, it is necessary to adopt a temporary, forty- five (45) day moratorium on the establishment, expansion, or modification of warehouse and related businesses in the City. f. A moratorium is necessary in order to protect the City and its residents, businesses and visitors from the potential health and safety impacts of logistics businesses, including air quality, noise, traffic, parking, and other impacts, and to preserve the quality of life and protect the health, safety, and welfare of the surrounding communities. g. A moratorium is immediately required to preserve the public health, safety, and welfare and should be adopted immediately as an urgency ordinance, to make certain that permits for warehouse and related businesses are issued only under adequate regulations and consistent with the City’s future goals for development and expansion. Imposition of a moratorium will allow the City sufficient time to conclude the preparation of comprehensive studies and plans for the regulation of such activities. The absence of this Ordinance would allow the proliferation of such businesses and their undesirable secondary impacts, and create a serious threat to the orderly and effective implementation of any amendments to the General Plan and the Zoning Code, and Specific Plan or Ordinance No. 1283 Page 5 of 8 _______________________ Plans being developed, as well as the vision for the City going forward, contemplated by the City Council. h. Truck trips generated by logistics facilities have direct impacts on the community including traffic, air quality, noise, vibrations, and health impacts on the community. i. Truck traffic increases the maintenance costs of streets for the City. For example, a 1999 study for the City of Irwindale concluded that one loaded mining truck causes street damage equivalent to that caused by 10,000 automobiles. City of Irwindale Mining Reclamation Impact Study, prepared by Greystone, March 1999, Vol. I, p. iii @ 2.a., and Vol. II., pp. 25-29. A loaded mining truck weighs approximately 80,000 pounds, which is comparable to the average weight of loaded 18-wheeler trucks that commonly traverse the City of Vernon to and from warehouse facilities. The City intends to further research this issue and determine the impacts of trucks with three axles or more. j. Trucks likely affect air quality, as their emissions are many times those of passenger vehicles, and thus are also likely to have concomitant health effects. Diesel engines emit a complex mixture of air pollutants, including both gaseous and solid material. The solid material in diesel exhaust is known as diesel particulate matter (DPM). DPM is considered a subset of particulate matter less than 2.5 microns in diameter (PM2.5). Most PM2.5 derives from combustion, such as use of gasoline and diesel fuels by motor vehicles, DPM is most concentrated adjacent to freeways and streets traveled by trucks. PM2.5 is the size of ambient particulate matter air pollution most associated with adverse health effects of the air pollutants that have ambient air quality standards. These health effects include cardiovascular and respiratory hospitalizations, and premature death. D. Over the next few months, the City will update its General Plan and Zoning Code and adopt a Specific Plan or Plans to update its goals and policies for the development of the City. While the City recognizes the value of warehouse facilities, the City must balance the interests of such businesses on the one hand, and the well-being of the community, attraction of land uses that create high-paying jobs, generate revenues to pay for road maintenance and other essential services, and ensure that warehouse facilities mitigate their fair share of impacts on the City and the surrounding community. E. Because of the actual and potential detrimental impacts of warehouse and related uses upon the City, which impacts may not be presently adequately addressed by the City’s existing ordinances and zoning regulations, there is a need to impose a temporary moratorium on the establishment, expansion, or modification of warehouse uses, freight terminals, truck terminals, container storage, and container parking uses in order to study and develop policy guidance and Ordinance No. 1283 Page 6 of 8 _______________________ potentially implement changes to the City’s zoning regulations and General Plan update. F. The City Council further finds that the moratorium is a matter of local and Citywide importance and is not directed towards any particular person or entity that seeks to operate warehouse and related facilities. SECTION 5. Moratorium. A. Moratorium: Based on the findings set forth herein for the immediate preservation of the public health, safety, and welfare, during the effective period of this Ordinance, no application for permit will be accepted, no consideration of any application for permit will be made, and no permit will be issued by the City for the establishment, expansion, or modification of any logistics facilities within the City until this Ordinance has expired or has been repealed according to applicable law. Subject to the Exemptions set forth below, all processing of existing applications for permits shall be suspended immediately. B. Exemptions: This Ordinance shall not apply to the following: 1. The annual renewal of an existing business license, any permits necessary for the routine maintenance of the buildings or sites, or any permits necessary for repairs required due to an emergency or to protect the public health, safety, and welfare shall not be considered issuance of a permit. 2. Tenant improvements for current tenants within an existing building, provided the tenant improvements would not otherwise be considered an expansion or modification of the facility. 3. Any new or renewed lease agreement. 4. The establishment, expansion, or modification of any warehouse or related facilities with pending permits (which includes submittal of a site plan for review) or that have already received full approvals and commenced construction or incurred expenses for construction prior to this Ordinance. SECTION 6. Review and Study. During the period of this Ordinance, the Director of Public Works shall review and study the adverse impacts of and the benefits provided by, warehouse and related facilities in the City, so as to quantify the concerns described in Section 4, and shall recommend proposed revisions to the City’s laws, rules, procedures, and fees related to these facilities, so as to enable the City to adequately and appropriately balance the rights of existing property owners and future applicants who wish to establish, expand, or modify logistics facilities, with the preservation of the health, safety and welfare of the communities. Ordinance No. 1283 Page 7 of 8 _______________________ SECTION 7. Written Report. Pursuant to Government Code Section 65858, staff must prepare for consideration by the City Council a written report describing measures taken to address the condition which led to the adoption of this urgency ordinance. The report will be provided to the City Council so that it may be considered and issued no later than ten (10) days prior to the expiration of this urgency ordinance. SECTION 8. Authority. The City Council of the City of Vernon hereby adopts this Ordinance as an interim urgency measure pursuant to Government Code Section 65858 and Chapter 4.4. of the Charter of the City of Vernon to protect the public health, safety, and welfare, and is adopted and justified based on the findings of the City Council in Recitals of this Ordinance; which are supported by substantial evidence in the record associated with the City Council’s consideration hereof. SECTION 9. The City Council of the City of Vernon hereby passes this Ordinance by a four-fifths vote of the City Council. Accordingly, this urgency ordinance shall take effect immediately upon adoption for a period of 45 days, at which time it will automatically expire unless extended by the City Council as permitted under the Government Code. SECTION 10. Any provision of the Vernon Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further are repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 11. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this Ordinance are declared to be severable. SECTION 12. The City Clerk shall certify the adoption and publish this ordinance as required by law. Ordinance No. 1283 Page 8 of 8 _______________________ SECTION 13: This Ordinance shall go into effect and be in full force and effect immediately upon adoption. APPROVED AND ADOPTED this 21st day of June, 2022. _______________________ LETICIA LOPEZ, Mayor ATTEST: LISA POPE, City Clerk (seal) APPROVED AS TO FORM: ______________________ ZAYNAH N. MOUSSA, Interim City Attorney I CERTIFY THAT THE FOREGOING ORDINANCE NO. 1283 was passed and adopted by the City Council of the City of Vernon at the regular meeting on June 21, 2022 by the following vote: AYES: 5 Council Members: Davis, Merlo, Ybarra, Larios, Lopez NOES: 0 ABSENT: 0 ABSTAIN: 0 ________________________________ LISA POPE, City Clerk (seal) City Council Agenda Item Report Submitted by: Daniel Wall Submitting Department: Public Works Meeting Date: July 19, 2022 SUBJECT 10-Day Report on Urgency Moratorium on Warehouse Uses, Freight and Terminals, Container Storage and Parking Recommendation: A. Find that the proposed action is exempt from California Environmental Quality Act (CEQA) review, because it is general policy and procedure-making activity that is unrelated to any specific project, which must undergo separate CEQA review, and that will not result in direct physical changes or reasonably foreseeable indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378; and B. Receive and file 10-Day Report on Urgency Moratorium on Warehouse Uses, Freight and Terminals, Container Storage and Parking. Background: On June 21, 2022, pursuant to Government Code Section 65858, the City Council adopted Ordinance No. 1283, a 45-day urgency moratorium ordinance. Ordinance No. 1283 was adopted to protect the public health, safety, and welfare by prohibiting the establishment, expansion, or modification of warehouse uses, freight terminals, truck terminals, container storage, and container parking in the City of Vernon. Government Code Section 65858(d), requires that at least 10-days prior to the expiration of a 45-day urgency ordinance, the City issue a written report describing the measures taken to alleviate the conditions which led to the adoption of the moratorium. Measures Taken to Alleviate the Conditions that Led to the Adoption of the Urgency Ordinance Actions addressing the underlying need for the moratorium are ongoing and include the following: Commencement of the process to amend Chapter 17 (Zoning Code) of the Vernon Municipal Code as it pertains to warehouse uses via a permanent ordinance that would change new warehouse uses on lots encompassing 150,000 square feet or more from allowance by right to approval through a Development Agreement Use of a Development Agreement will allow the City to address community health and safety issues by evaluating warehouse development on a case-by-case basis. Establishing regulatory standards and criteria at the City level will ensure that land uses consider the quality of life of individuals living and working in the Vernon area, and that their welfare remains a priority. City staff have provided opportunities for stakeholders to offer feedback and ask questions regarding warehouse regulations On June 30, 2022, staff met with stakeholders through the Vernon Chamber of Commerce 1 On July 14, 2022, staff presented an item on warehouse regulation to the Vernon Business and Industry Commission (BIC) City Staff has noticed a public hearing on the proposed permanent ordinance in accordance with state law. Next steps include the following: Submitting the draft ordinance to the City Council, with Business and Industry Commission input and recommendations, for introduction and first reading on August 2, 2022; and Return the draft ordinance to the City Council, with any requested changes, for second reading and adoption. Continued Need for the Moratorium As noted, actions addressing the underlying need for the moratorium are ongoing. Specifically, staff is preparing amendments to the Zoning Code. These Zoning Code amendments require a public hearing before the City Council, with adoption to follow a second reading at a subsequent Council meeting. Even if approved by the City Council in successive meetings, the proposed permanent ordinance would not take effect prior to the 45-day warehouse moratorium (authorized by Temporary Urgency Ordinance No. 1283) expires on August 5, 2022. Under Government Code Section 65858(a), the City Council may extend the urgency ordinance and moratorium for an additional 10 months and 15 days, and subsequently for one year, for a total of two years. Due to noticing, public hearing and procedural requirements for the adoption of ordinances noted above, staff recommends that Ordinance 1283 remain in place until the permanent zoning change takes effect. Staff will present the recommendation to extend the urgency moratorium to City Council at the August 2 Council Meeting. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: 1. Ordinance No. 1283 2 CALIFORNIA NEWSPAPER SERVICE BUREAU PRE# D A I L Y J O U R N A L C O R P O R A T I O N To the right is a copy of the notice you sent to us for publication in the HUNTINGTON PARK BULLETIN. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone (800) 788-7840 / Fax (800) 464-2839 Visit us @ www.LegalAdstore.com LISA POPE CITY OF VERNON CITY CLERK 4305 SANTA FE AVE VERNON, CA 90058 HRG NOTICE OF HEARING Notice of Public Hearing - Time Extension of Moratorium on Warehouse 07/21/2022 Notice Type: Ad Description COPY OF NOTICE 3606896 !A000006070784! An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. NOTICE OF CITY COUNCIL PUBLIC HEARING The City Council of the City of Vernon will conduct a public hearing, which you may attend, at Vernon City Hall, City Council Chamber, 4305 Santa Fe Avenue, Vernon, CA 90058, or via Zoom Webinar at http://www.cityofvernon.org/webinar-cc, in accordance with Assembly Bill 361, on August 2, 2022 at 9:00 a.m. (or as soon thereafter as the matter can be heard), to: Consider adoption of an ordinance extending the 45-day temporary moratorium on warehouse and related uses adopted by Interim Urgency Ordinance No. 1283 All relevant documents will be available for public review on the City's website once the agenda for the meeting is posted or from the City Clerk at CityClerk@cityofvernon.org or (323) 583-8811 ext. 546. All interested persons will be given an opportunity to comment on the above-referenced items during the public hearing. In addition, written comment or questions may be submitted prior to the hearing as set forth below. Written Testimony or questions must be received prior to 9:00 a.m. on the date of the hearing. Please send your comments or questions to: Daniel Wall, Director of Public Works City of Vernon 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 ext. 305 Email: Dwall@cityofvernon.org If you challenge the adoption of said ordinance or any provision thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the meeting, please contact the Office of the City Clerk at (323) 583-8811 ext. 546. The hearing may be continued, adjourned, or cancelled and rescheduled to a stated time and place without further notice of a public hearing. Dated: July 18, 2022 /s/ _ Lisa Pope, City Clerk 7/21/22 PRE-3606896# HUNTINGTON PARK BULLETIN City Council Agenda Item Report Submitted by: Daniel Wall Submitting Department: Public Works Meeting Date: August 2, 2022 SUBJECT Ordinance No. 1287 Amending Title 17 of the Vernon Municipal Code pertaining to Warehouse Uses Recommendation: A. Find that the proposed action is exempt from California Environmental Quality Act (CEQA) review, because it is general policy and procedure-making activity that is unrelated to any specific project, which must undergo separate CEQA review, and that will not result in direct physical changes or reasonably foreseeable indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378; B. Introduce and conduct first reading of Ordinance No. 1287 amending Chapters 17.16.020 and 17.24.020 and adding Chapter 17.24.035 to Title 17 (Zoning) of the Vernon Municipal Code relating to warehouse uses; and C. Direct staff to schedule second reading and adoption for the August 16, 2022 City Council Meeting. Background: In recent years, the proliferation of e-commerce and rising consumer expectations of rapid shipping have contributed to a boom in warehouse development. With its ports, population centers, and transportation network, California has been especially affected by this trend. Warehouses and related businesses such as truck terminals, truck yards, and container storage operations generate significant environmental impacts. As a result, the California Attorney General’s Bureau of Environmental Justice has increased its scrutiny over warehouse developments and the impacts associated with their operations and heavy fleet use. Like the State, the City has experienced significant growth of large warehouses, distribution facilities and related businesses. Such facilities consume large areas of land in Vernon with little benefit to the City as they typically do not provide many jobs or generate sufficient utility users tax, property tax, sales tax, or business license revenues to off-set their impact on the City. As noted above, warehouses and related businesses can generate unique environmental impacts on surrounding properties and the larger community, including frequent truck traffic, noise impacts from on-site operations, emissions and air quality issues that impact public health, and maintenance impacts on City streets. Currently, the vacancy rate in the City is exceptionally low. This increases the value of property which, in turn, encourages a greater intensity of use at warehouse facilities, which increase the truck trips generated by these facilities. Additionally, advances in robotics and e-commerce have reduced the number of people employed by these facilities. The proliferation of these facilities presents several issues for the Community and the City including environmental and health, traffic and safety, land use, and fiscal issues. Environmental and Health Issues Diesel engines emit a complex mixture of air pollutants, including both gaseous and solid material. The solid material in diesel exhaust is known as diesel particulate matter (DPM). DPM is considered a subset of particulate matter less than 2.5 microns in diameter (PM2.5). Most PM2.5 derives from combustion, such as the use of gasoline and diesel fuels by motor vehicles. DPM is most concentrated adjacent to freeways and streets traveled by trucks. PM2.5 is the size of ambient particulate matter air pollution most associated with adverse health effects of the air pollutants that have ambient air quality standards. These health effects include cardiovascular and respiratory conditions. Traffic and Safety Issues Warehouse facilities generate significant truck traffic, and sometimes these facilities and/or the trucks operate 24-hours-a-day. This truck traffic causes environmental issues including traffic congestion, detrimental air quality, noise, and vibration. These trucks travel City streets to reach their destinations and, because of their sheer size, pose unique and challenging traffic issues such as: Increased safety risk for smaller vehicles, pedestrians, and bicyclists; damage to City property/facilities from collisions (reported and unreported) impacting streetlights, traffic signal equipment, signs, trees, curbs, medians, etc.; reduced levels of service on streets and at intersections; and pavement impacts. Land Use Issues All of Vernon is zoned industrial. By their nature, warehouses and related uses tend to locate on large parcels of land and in large industrial buildings. Similarly, truck yards, cargo container parking, and cargo container storage take large areas of land. These uses take up land that could otherwise be used for purposes that would generate jobs, additional property tax, and utility users tax to pay for City provided services. Presently 13 of the 14 new buildings being developed in the City are warehouses. Fiscal Issues Warehouses and related businesses generate significantly lower utility users tax, property tax, sales tax, and business license revenues than other less truck intensive uses, while trucks significantly impact the condition of the City's streets. The City commissioned a Pavement Management Plan to obtain an inventory of pavement conditions for the City’s entire street network and to develop strategies for the maintenance of the City’s streets including a budgetary analysis to determine the funding needs. The report concluded the average rating for the City’s street network is a C-. Much of the reason for this low grade is due to the load related (alligator cracking and heave) distress caused by trucks. It is estimated that it will require total expenditures of between $20 to $25 million from the General Fund to bring the street network up to an average B+ rating. Additionally, trucks frequently damage other City infrastructure including power poles, catch basins and traffic signals. While the City recognizes the value of warehouse facilities, the City must balance the interests of such businesses with the well-being of the community, attraction of land uses that create high-paying jobs, generate revenues to pay for street maintenance and other essential services, and ensure that warehouse facilities mitigate their fair share of impacts on the City and the surrounding community. Warehouse Regulations Due to the health and environmental impacts of warehouses, several southern California cities have recently adopted warehouse moratoriums and, on April 18, 2022, the California Attorney General announced a settlement with the City of Fontana to resolve allegations that the City of Fontana violated the California Environmental Quality Act (CEQA) in its approval of a warehouse project (Attachment 1). The settlement, in addition to extracting money from the developer to establish a "community benefit" fund, required Fontana to adopt the most stringent environmental standards in California for new warehouse projects. Under its existing Zoning Code, the City of Vernon has no mechanism for requiring an environmental or health impact study on new or expanded warehouse uses. The City of Vernon is uniquely an industrial City and would best be served by the ability to retain self-determination to the greatest extent possible in the regulation of land use and development. On June 21, 2022, pursuant to the authority and procedure set forth in California Government Code Section 65858, the Vernon City Council adopted Interim Urgency Ordinance No.1283 establishing a 45-day temporary moratorium on the establishment, expansion, or modification of warehouse uses, freight terminals, truck terminals, container storage, and container parking in the City while staff evaluated the environmental, health and safety impacts of continued unfettered warehouse development and considered new regulations pertaining to such uses. During this interim period, City staff engaged in analysis and study to develop a narrowly tailored zoning ordinance that would replace the temporary moratorium and mitigate public safety, health, and welfare impacts of continued warehouse development. Additionally, the City has provided opportunities for stakeholders to offer feedback and ask questions regarding warehouse regulations: One June 30, 2022, City staff met with stakeholders through a meeting hosted by the Chamber of Commerce to receive input on warehouse regulation. One July 14, 2022, the topic was discussed at a Special Business and Industry Commission (BIC), with a recommendation to adopt a revised ordinance was provided by the BIC. A mass mailer was sent to all Vernon businesses inviting them to provide input at the BIC meeting. On July 19, 2022, City Council was provided with the Government Code Section 65858(d), required 10-Day Report prior to the expiration of a 45-day urgency ordinance warehouse moratorium describing the measures taken to alleviate the conditions which led to the adoption of the moratorium. Prior to the interim moratorium, warehouse uses were allowed by right everywhere in Vernon with minimal regulation. While there is a need to better regulate the future development of warehouses, rather than proposing blanket limitations on the areas where warehouses can be developed, limitations on the size of warehouses, and other one-size-fits-all prescriptive development standards, City staff recommends that future warehouse development be approved through a case-by-case Development Agreement. Section 17.84.010 of the Vernon Municipal Code (VMC) reads, in part, that the purpose of a Development Agreement is to "...protect the health, safety , and public welfare.." "...without creating undue hardships...". The use of development agreements would allow for the regulation of future warehouse development while providing for maximum collaboration between the City and the Developer in creating agreements that are tailored to mitigate the impacts of each individual project. Proposed Changes to Vernon Municipal Code To implement the regulation of future warehouse development by Development Agreement, the proposed changes to the VMC (Attachment 2) are changing paragraph F to read "Warehouse use (other than cold storage warehouses) on lots encompassing less than 150,000 square feet." and paragraph G to read " Wholesale use on lots encompassing less than 150,000 square feet.." from section "17.24.020 Permitted uses" and adding section: 17.24.035 which would read as follows: "Uses Requiring Development Agreement - Warehouse uses (other than cold storage warehouses) on lots encompassing 150,000 square feet or more and Wholesale uses on lots encompassing 150,000 square feet or more are permitted in the I Zone and all overlay zones, with the exception of the Housing Overlay Zone, subject to the approval of a Development Agreement between the City and Applicant, and appropriate standards and terms to be negotiated with the City, and complying with all other conditions imposed by this chapter. When considering uses requiring a Development Agreement, the Director shall make a recommendation in writing to the City Council which shall include the Director’s determination as to whether or not the proposed Development Agreement: A. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan; B. Is in conformity with and will promote public convenience, general welfare and good land use practice; C. Will be detrimental to public health, safety or welfare; D. Will adversely affect the orderly development of property or the preservation of property values; and E. Will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty. Staff also proposes that container storage, and container parking be specifically included in the definition of "Truck terminal" in section 17.60.020 by adding "and cargo containers" to the end of the first sentence in that paragraph. Business and Industry Commission Recommendation The BIC, at its July 14, 2022 meeting, unanimously recommended that the City Council adopt the proposed changes to the VMC listed above. Pursuant to VMC Section 17.18.030 and Government Code Section 65091, on July 21, 2022, the public hearing notice was posted at City Hall, and published in the Huntington Park Bulletin (Attachment 2). Fiscal Impact: There is no fiscal impact associated with this report. Attachments: 1. Ordinance No. 1287 2. Notice of Public Hearing ORDINANCE NO. 1287 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING CHAPTERS 17.16.020 AND 17.24.020 AND ADDING CHAPTER 17.24.035 TO TITLE 17 (ZONING) OF THE VERNON MUNICIPAL CODE RELATING TO WAREHOUSE USES SECTION 1. Recitals. A.The City of Vernon (City) is a municipal corporation and a chartered city of the State of California organized and existing under its charter and the Constitution of the State of California. B.On July 14, 2022, at a special meeting, the Vernon Business and Industry Commission (BIC), recommended that the City Council adopt changes to Title 17 of the Vernon Municipal Code implementing the regulation of future warehouse development by Development Agreement, and including cargo container storage and cargo container parking in the definition of “Truck terminal”. C.The City Council desires to amend Title 17 of the Vernon Municipal Code as recommended by the BIC. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct and are a substantial part of this ordinance. SECTION 3. This ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The City Council hereby finds that the proposed action is exempt from California Environmental Quality Act (CEQA) review, because it is general policy and procedure-making activity that is unrelated to any specific project, which must undergo separate CEQA review, and that will not result in direct physical changes or reasonably foreseeable indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378. SECTION 4. The definition of “Truck terminal” in Vernon Municipal Code Section 17.16.020 Definitions is hereby amended to read as follows: 17.16.020 Definitions “Truck terminal” means any lot, building, or portion of a lot or a building used primarily for the parking, storage, maintenance, repair, or servicing of highway-type vehicles carrying persons or property including, but not limited to, trucks, buses, and cargo containers. Truck terminal does not include parking of vehicles in connection with a permitted use or Ordinance No. 1287 Page 2 of 3 _______________________ repairing or maintaining vehicles used in connection with a permitted use on the same lot as the permitted use. SECTION 5. Vernon Municipal Code Sections 17.24.020(F) and (G) Permitted Uses are hereby amended to read as follows: 17.24.020 Permitted uses. F.Warehouse use (other than cold storage warehouses) on lots encompassing less than 150,000 square feet. G.Wholesale use on lots encompassing less than 150,000 square feet. SECTION 6. Section 17.24.035 Uses Requiring Development Agreement is hereby added to read as follows: “17.24.035 Uses Requiring Development Agreement. A.Warehouse uses (other than cold storage warehouses) on lots encompassing 150,000 square feet or more and Wholesale uses on lots encompassing 150,000 square feet or more are permitted in the I Zone and all overlay zones, with the exception of the Housing Overlay Zone, subject to the approval of a Development Agreement between the City and applicant, and appropriate standards and terms to be negotiated with the City, and complying with all other conditions imposed by this chapter. Any Warehouse Development Agreement proposed under this Section must also adhere to the procedures and requirements set forth in Chapter 17.84 of the Vernon Municipal Code. B.When considering uses requiring a Warehouse Development Agreement, the Director shall make a recommendation in writing to the City Council which shall include the Director’s determination as to whether or not the proposed Warehouse Development Agreement: 1.Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan; 2.Is in conformity with and will promote public convenience, general welfare and good land use practice; 3.Will be detrimental to public health, safety or welfare; 4.Will adversely affect the orderly development of property or the preservation of property values; and 5.Will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty.” Ordinance No. 1287 Page 3 of 3 _______________________ SECTION 7. Any provision of the Vernon Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 8. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this Ordinance are declared to be severable. SECTION 9. Exemptions. This Ordinance shall not apply to the establishment, expansion, or modification of any warehouse or related facilities with pending permits (which includes submittal of a site plan for review) or that have already received full approvals and commenced construction or incurred expenses for construction prior to the effective date of this Ordinance. SECTION 10. The City Clerk shall certify the adoption and publish this ordinance as required by law. SECTION 11. This ordinance shall become effective after the thirtieth day following its adoption. APPROVED AND ADOPTED this __ day of _____, 2022. ______________________ LETICIA LOPEZ, Mayor ATTEST: __ __ LISA POPE, City Clerk (seal) APPROVED AS TO FORM: _____________________________ ZAYNAH N. MOUSSA, City Attorney This space for filing stamp only OR #: O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~ 600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841 PROOF OF PUBLICATION (2015.5 C.C.P.) State of Calif ornia ) County of Orange ) ss Notice Type: Ad Description: I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Executed on: 10/10/2004 At Los Angeles, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature HUNTINGTON PARK BULLETIN 3731 WILSHIRE BLVD STE 840, LOS ANGELES, CA 90010 (323) 556-5720 (213) 835-0584 PRE 3606895 LISA POPE CITY OF VERNON CITY CLERK 4305 SANTA FE AVE VERNON, CA - 90058 HRG - NOTICE OF HEARING Notice of Public Hearing - Warehouse Regulations Zoning Ordinance I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the HUNTINGTON PARK BULLETIN, a newspaper published in the English language in the city of HUNTINGTON PARK, county of LOS ANGELES, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of LOS ANGELES, State of California, under date 06/14/1943, Case No. 485073. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 07/21/2022 07/21/2022 LOS ANGELES !A000006074771! Email NOTICE OF CITY COUNCIL PUBLIC HEARING The City Council of the City of Vernon will conduct a public hearing, which you may attend, at Vernon City Hall, City Council Chamber, 4305 Santa Fe Avenue, Vernon, CA 90058, or via Zoom Webinar at http://www.cityofvernon.org/webinar-cc, in accordance with Assembly Bill 361, on August 2, 2022, at 9:00 a.m. (or as soon thereafter as the matter can be heard), to: Consider introduction and adoption of an ordinance amending certain sections of Title 17 (Zoning) of the Vernon Municipal Code regulating warehouse uses. All relevant documents will be available for public review on the City's website once the agenda for the meeting is posted or from the City Clerk at CityClerk@cityofvernon.org or (323) 583-8811 ext. 546. All interested persons will be given an opportunity to comment on the above-referenced items during the public hearing. In addition, written comment or questions may be submitted prior to the hearing as set forth below. Written Testimony or questions must be received prior to 9:00 a.m. on the date of the hearing. Please send your comments or questions to: Daniel Wall, Director of Public Works City of Vernon 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 ext. 305 Email: Dwall@cityofvernon.org If you challenge the adoption of said ordinance or any provision thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the meeting, please contact the Office of the City Clerk at (323) 583-8811 ext. 546. The hearing may be continued, adjourned, or cancelled and rescheduled to a stated time and place without further notice of a public hearing. Dated: July 18, 2022 /s/ Lisa Pope, City Clerk 7/21/22 PRE-3606895# HUNTINGTON PARK BULLETIN City Council Agenda Item Report Submitted by: Sandra Dolson Submitting Department: City Clerk Meeting Date: August 2, 2022 SUBJECT Approval of Minutes Recommendation: Approve the July 19, 2022 Regular City Council meeting minutes. Background: Staff has prepared and hereby submits the minutes for approval. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: 1. 20220719 City Council Minutes MINUTES VERNON CITY COUNCIL REGULAR MEETING TUESDAY, JULY 19, 2022 COUNCIL CHAMBER, 4305 SANTA FE AVENUE CALL TO ORDER Mayor Lopez called the meeting to order at 9:01 a.m. FLAG SALUTE Mayor Lopez led the Flag Salute. ROLL CALL PRESENT: Leticia Lopez, Mayor William Davis, Council Member Judith Merlo, Council Member (arrived at 9:04 a.m.) Melissa Ybarra, Council Member ABSENT: Crystal Larios, Mayor Pro Tem STAFF PRESENT: Carlos Fandino, City Administrator Zaynah Moussa, Interim City Attorney Lisa Pope, City Clerk Scott Williams, Finance Director Fredrick Agyin, Health and Environmental Control Director Michael Earl, Human Resources Director Robert Sousa, Police Chief Dan Wall, Public Works Director Todd Dusenberry, Acting Public Utilities General Manager APPROVAL OF THE AGENDA MOTION Council Member Ybarra moved and Council Member Davis seconded a motion to approve the agenda. The question was called and the motion carried 3-0, Council Member Merlo and Mayor Pro Tem Larios absent. PUBLIC COMMENT None. Regular City Council Meeting Minutes Page 2 of 8 July 19, 2022 PRESENTATIONS 1.Recognition of Outgoing City Commission and Committee Members Recommendation: Recognize outgoing Business and Industry Commissioners Jimmy Andreoli II and John Baca; outgoing Green Vernon Commissioner Alan Franz; and outgoing Vernon CommUNITY Fund Grant Committee Member James Chang for their dedicated service to the City of Vernon. City Clerk Pope recognized outgoing Commissioners and Committee Members. 2.Proclamation Recognizing Retired Employee - Fernando A. Valenzuela Recommendation: Acknowledge and present a proclamation to retired employee Fernando A. Valenzuela, Police Officer, in recognition of his dedicated service to the City of Vernon. Human Resources Director Earl acknowledged Fernando A. Valenzuela for his dedicated service to the City of Vernon. 3.Employee Service Pin Awards for June 2022 Recommendation: No action required by City Council. This is a presentation only. Human Resources Director Earl acknowledged Edward Hernandez, Police Officer; Diana C. Figueroa, Administrative Analyst, and Daniel Cordova, Gas Systems Superintendent, as the recipients of the Employee Service Pin Awards for June 2022. Council Member Merlo arrived at 9:04 a.m. The following item was tabled: 4.Proclamation Commending and Honoring Coast Packing Company on its 100th Anniversary Recommendation: Acknowledge and present a proclamation in recognition of Coast Packing Company for its 100th year in business. PUBLIC HEARINGS 5.Franchise Towing Fee Agreements Recommendation: A. Introduce and conduct first reading of Ordinance No. 1284 granting to Mr. C's Towing of South Gate, Inc., a franchise towing services agreement; B. Introduce and conduct first reading of Ordinance No. 1285 granting Towwerk's, LLC. (dba Viertel's Central / Northeast Division), a franchise towing services agreement; and C. Direct staff to schedule second reading and adoption of Ordinance Nos. 1284 and 1285 for the August 2, 2022 Regular City Council Meeting. Police Chief Sousa presented the staff report. Regular City Council Meeting Minutes Page 3 of 8 July 19, 2022 Mayor Lopez opened the public hearing. There being no speakers, Mayor Lopez closed the public hearing. MOTION Council Member Merlo moved and Council Member Davis seconded a motion to: A. Introduce and conduct first reading of Ordinance No. 1284 granting to Mr. C's Towing of South Gate, Inc., a franchise towing services agreement; B. Introduce and conduct first reading of Ordinance No. 1285 granting Towwerk's, LLC. (dba Viertel's Central / Northeast Division), a franchise towing services agreement; and C. Direct staff to schedule second reading and adoption of Ordinance Nos. 1284 and 1285 for the August 2, 2022 Regular City Council Meeting. The question was called and the motion carried 4-0, Mayor Pro Tem Larios absent. CONSENT CALENDAR MOTION Council Member Merlo moved and Council Member Davis seconded a motion to approve the Consent Calendar. The question was called and the motion carried 4- 0, Mayor Pro Tem Larios absent. The Consent Calendar consisted of the following items: 6.Approval of Minutes Recommendation: Approve the June 21, 2022 Regular City Council and June 27, 2022 Special City Council meeting minutes. 7.Operating Account Warrant Register Recommendation: Approve Operating Account Warrant Register No. 90, for the period of June 5 through July 2, 2022, totaling $14,079,176.66 and consisting of ratification of electronic payments totaling $13,294,950.34 and ratification of the issuance of early checks totaling $784,226.32. 8.City Payroll Warrant Register Recommendation: Approve City Payroll Warrant Register No. 793, for the period of June 1 through June 30, 2022, totaling $3,765,115.33 and consisting of ratification of direct deposits, checks and taxes totaling $2,624,907.92 and ratification of checks and electronic fund transfers (EFT) for payroll related disbursements totaling $1,140,207.41 paid through operating bank account. 9.Fire Department Activity Report Recommendation: Receive and file the May 2022 Fire Department Activity Report. 10.Police Department Activity Report Recommendation: Receive and file the May 2022 Police Department Activity Report 11.Public Works Department Monthly Report Recommendation: Receive and File the May 2022 Building Report. 12.Appointment of Health Officer for the City of Vernon Recommendation: A. Find that it is in the best interest of the City to award a services agreement for Health Officer Services to Dr. Laurene Mascola, M.D., Regular City Council Meeting Minutes Page 4 of 8 July 19, 2022 MPH, without a competitive selection process; and B. Adopt Resolution No. 2022- 23 appointing Laurene Mascola, M.D., MPH as Health Officer for the City of Vernon and approving and authorizing the execution of a services agreement for Health Officer Services. 13. Amendment No. 2 to the Attorney Services Agreement (Litigation) between the City of Vernon and Burke, Williams & Sorensen, LLP Recommendation: Approve and authorize the City Administrator to execute Amendment No. 2 to the Attorney Services Agreement (Litigation) with Burke, Williams & Sorensen, LLP (Burke Williams), in substantially the same form as submitted, to increase the total not-to-exceed amount by an additional $7,648.14 to cover costs and expenses through the expiration of the contract term. 14. Purchase Contract with Carahsoft Technology Corp. Recommendation: Approve the issuance of a Purchase Con tract with Carahsoft Technology Corp. in an amount not to exceed $150,000 for a one-year period. 15. 10-Day Report on Urgency Moratorium on Warehouse Uses, Freight and Terminals, Container Storage and Parking Recommendation: A. Find that the proposed action is exempt from California Environmental Quality Act (CEQA) review, because it is general policy and procedure-making activity that is unrelated to any specific project, which must undergo separate CEQA review, and that will not result in di rect physical changes or reasonably foreseeable indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378; and B. Receive and file 10-Day Report on Urgency Moratorium on Warehouse Uses, Freight and Terminals, Container Storage and Parking. 16. Restricted Grant Agreements with the California Department of Transportation (CalTrans) Recommendation: Adopt Resolution No. 2022-24 authorizing the Director of Public Works to execute all Restricted Grant Agreements with the State of California, acting by and through the Department of Transportation. PRESENTATIONS (Continued) 4. Proclamation Commending and Honoring Coast Packing Company on its 100th Anniversary Recommendation: Acknowledge and present a proclamation in recognition of Coast Packing Company for its 100th year in business. City Clerk Pope read the proclamation commending and honoring Coast Packing Company on its 100th Anniversary. Eric R. Gustafson, Coast Packing Company CEO, thanked the City for its recognition. Regular City Council Meeting Minutes Page 5 of 8 July 19, 2022 NEW BUSINESS 17. Appointment of Zaynah N. Moussa as City Attorney Recommendation: Adopt Resolution No. 2022-25 appointing Zaynah N. Moussa to serve as City Attorney for the City of Vernon effective July 19, 2022, and approving and authorizing the execution or a related at-will employment agreement. Human Resources Director Earl presented the staff report. MOTION Council Member Ybarra moved and Council Member Davis seconded a motion to adopt Resolution No. 2022-25 appointing Zaynah N. Moussa to serve as City Attorney for the City of Vernon effective July 19, 2022, and approving and authorizing the execution or a related at-will employment agreement. The question was called and the motion carried 4-0, Mayor Pro Tem Larios absent. City Clerk Pope administered the Oath of Office to Zaynah N. Moussa, City Attorney. 18. Memorandum of Understanding by and between the City of Vernon and the Vernon Police Officers' Benefit Association Recommendation: Adopt Resolution No. 2022-26 approving the Memorandum of Understanding by and between the City of Vernon and the Vernon Police Officers' Benefit Association for the period of July 1, 2022 through June 30, 2025. Human Resources Director Earl presented the staff report. MOTION Council Member Ybarra moved and Council Member Merlo seconded a motion to adopt Resolution No. 2022-26 approving the Memorandum of Understanding by and between the City of Vernon and the Vernon Police Officers' Benefit Association for the period of July 1, 2022 through June 30, 2025. The question was called and the motion carried 4-0, Mayor Pro Tem Larios absent. 19. Memorandum of Understanding by and between the City of Vernon and Teamsters, Local 911 Recommendation: Adopt Resolution No. 2022-27 approving the Memorandum of Understanding by and between the City of Vernon and Teamsters, Local 911 for the period of July 1, 2022 through June 30, 2025. Human Resources Director Earl presented the staff report. Regular City Council Meeting Minutes Page 6 of 8 July 19, 2022 MOTION Council Member Davis moved and Council Member Ybarra seconded a motion to adopt Resolution No. 2022-27 approving the Memorandum of Understanding by and between the City of Vernon and Teamsters, Local 911 for the period of July 1, 2022 through June 30, 2025. The question was called and the motion carried 4 - 0, Mayor Pro Tem Larios absent. 20. Citywide Fringe Benefits Policy Recommendation: Adopt Resolution No. 2022-28 adopting the Citywide Fringe Benefits Policy and repealing Resolution No. 2021 -15. Human Resources Director Earl presented the staff report. MOTION Council Member Merlo moved and Council Member Davis seconded a motion to adopt Resolution No. 2022-28 adopting the Citywide Fringe Benefits Policy and repealing Resolution No. 2021-15. The question was called and the motion carried 4-0, Mayor Pro Tem Larios absent. 21. Amendment to Classification and Compensation Plan Recommendation: A. Approve new and revised job descriptions; and B. Adopt Resolution No. 2022-29 adopting the Classification and Compensation Plan in accordance with Government Code Section 20636(b)(1) and repealing Resolution Nos. 2021-16, 2021-27, 2021-37, 2021-42, 2021-44 and 2022-02. Human Resources Director Earl presented the staff report. MOTION Council Member Merlo moved and Council Member Davis seconded a motion to: A. Approve new and revised job descriptions; and B. Adopt Resolution No. 2022 - 29 adopting the Classification and Compensation Plan in accordance with Government Code Section 20636(b)(1) and repealing Resolution Nos. 2021 -16, 2021-27, 2021-37, 2021-42, 2021-44 and 2022-02. The question was called and the motion carried 4-0, Mayor Pro Tem Larios absent. 22. Master Services and Subscription Agreement with ChargePoint, Inc. Recommendation: Approve and authorize the City Administrator to execute a Master Services and Subscription Agreement in an amount not -to-exceed $825,837.85 with ChargePoint, Inc. to procure Direct Current Fast Chargers for electric vehicles. Acting Public Utilities General Manager Dusenberry presented the staff report. Regular City Council Meeting Minutes Page 7 of 8 July 19, 2022 MOTION Council Member Ybarra moved and Council Member Merlo seconded a motion to approve and authorize the City Administrator to execute a Master Services and Subscription Agreement in an amount not-to-exceed $825,837.85 with ChargePoint, Inc. to procure Direct Current Fast Chargers for electric vehicles. The question was called and the motion carried 4-0, Mayor Pro Tem Larios absent. ORAL REPORTS City Administrator Reports on Activities and other Announcements. City Administrator Fandino announced residential online bill pay; passport services; National Night Out on August 2, 2022, 5-7 p.m.; and his upcoming meeting with State legislators in Sacramento. He congratulated Coast Packing Company on its 100th Anniversary; and provided an update on the Smithfield property. City Council Reports on Activities (including AB 1234), Announcements, or Directives to Staff. None. RECESS Mayor Lopez recessed the meeting to Closed Session at 9:46 a.m. CLOSED SESSION 23. CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 54957.6 Agency Designated Representative: Carlos Fandino, City Administrator Employee Organizations: Management, Confidential, Executive, Elected Officials, and Unclassified (Unrepresented); Teamsters Local 911; IBEW Local 47; Vernon Police Management Association; and Vernon Police Officers’ Benefit Association RECONVENE At 10:21 a.m., Mayor Lopez adjourned Closed Session and reconvened the regular meeting. CLOSED SESSION REPORT City Attorney Moussa reported that the Council met in Closed Session , discussed the item on the agenda, and took no reportable action. Regular City Council Meeting Minutes Page 8 of 8 July 19, 2022 ADJOURNMENT Mayor Lopez adjourned the meeting at 10:22 a.m. ______________________________ LETICIA LOPEZ, Mayor ATTEST: _____________________________________ LISA POPE, City Clerk (seal) City Council Agenda Item Report Submitted by: Sandra Dolson Submitting Department: City Clerk Meeting Date: August 2, 2022 SUBJECT Claims Against the City Recommendation: Receive and file claims submitted by Jeffrey Levin in the amount of $2,106.28; and Elia Ramirez in the amount of $322.92. Background: On July 18, 2022 and July 19, 2022, respectively, the City received the following claims: Name of Claimants Amount Demanded Jeffrey Levin $2,106.28 Elia Ramirez $322.92 Pursuant to Municipal Code Section 2.32.040, the above information is listed on the City Council agenda as soon after filing of the claims with the City as practical. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: 1. Claim for Damages - Jeffrey Levin 20220718 2. Claim for Damages - Elia Ramirez 20220719 City Council Agenda Item Report Submitted by: Sandra Dolson Submitting Department: City Clerk Meeting Date: August 2, 2022 SUBJECT Franchise Towing Fee Agreements Recommendation: A. Conduct second reading and adopt Ordinance No. 1284 granting to Mr. C's Towing of South Gate, Inc., a franchise towing services agreement; and B. Conduct second reading and adopt Ordinance No. 1285 granting Towwerks, LLC. (dba Viertel's Central / Northeast Division), a franchise towing services agreement. Background: At the July 19, 2022 Regular City Council meeting, the Vernon City Council introduced and conducted first reading of Ordinance Nos. 1284 and 1285 granting Mr. C's Towing of South Gate, Inc. and Towwerks, LLC. (dba Viertel's Central / Northeast Division) franchise towing services agreements. The ordinance summaries were posted on the City's website on July 20, 2022, and will be published pursuant to legal requirements. Staff requests the City Council conduct second reading and adopt Ordinance Nos. 1284 and 1285. Fiscal Impact: The ordinance summaries will be published pursuant to legal requirements. Adequate funds are available in the Publication/Advertisement Account No. 011.1003.550000. Attachments: 1. Ordinance No. 1284 2. Ordinance No. 1285 3. Ordinance 1284 Proof of Publication 4. Ordinance 1285 Proof of Publication ORDINANCE NO. 1284 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING A NON-EXCLUSIVE FRANCHISE TOWING SERVICES AGREEMENT TO MR. C’S TOWING OF SOUTH GATE, INC. SECTION 1. Recitals. A. The City of Vernon (City) is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California. B. The City Council of the City of Vernon is authorized by City Charter Chapter 8.9 to grant a franchise in the City of Vernon to any person, firm, corporation, or other entity and to set terms, conditions, restrictions and limitations by ordinance. C. On October 2, 2012, the City Council of the City of Vernon adopted Ordinance No. 1198 adding Chapter 10.32 (formerly Chapter 4B) to the Vernon Municipal Code to establish a non-consensual franchise towing fee. D. On or about April 14, 2022, the Vernon Police Department issued a Request for Proposals for the City’s Franchise Tow Fee Program. E. After reviewing the proposals, and after a duly noticed public hearing, it was determined that the proposal submitted by Mr. C’s Towing of South Gate, Inc. (Mr. C’s Towing) complies with Chapter 10.32 of the Vernon Municipal Code, and that Mr. C’s Towing has agreed to comply with all provisions of this Chapter. F. The City Council of the City of Vernon desires to grant a non-exclusive police towing franchise to Mr. C’s Towing, subject to the terms and conditions set forth in the Franchise Towing Services Agreement (Franchise Agreement). The franchise shall be for a term of three (3) years, if a written Franchise Agreement has been fully executed by the franchisee and all other requirements of the Franchise Agreement and Chapter 10.32 have been met by the franchisee. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 2. The City Council of the City of Vernon herby finds and determines that the above recitals are true and correct and are a substantial part of this ordinance. SECTION 3. The City Council of the City of Vernon, pursuant to Chapter 10.32 of the Vernon Municipal Code, hereby approves the Franchise Agreement with Mr. C’s Towing of South Gate, Inc., in substantially the same form attached hereto as Exhibit A. The grant of franchise is based on the certifications that franchisee shall comply with all provisions of Chapter 10.32 and the Franchise Agreement. SECTION 4. The City Council of the City of Vernon hereby authorizes the City Administrator to execute said Agreement for, and on behalf of, the City of Vernon and Ordinance No. 1284 Page 2 of 42 _______________________ the City Clerk is hereby authorized to attest thereto. SECTION 5. The City Council 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 Ordinance and the transactions herein approved or authorized, including but not limited to, any non-substantive changes to the Agreement attached herein. SECTION 6. Any ordinance or parts of an ordinance in conflict with this Ordinance are hereby repealed. SECTION 7. Any provision of the Vernon Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 8. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this Ordinance are declared to be severable. SECTION 9. The City Clerk shall certify the adoption and publish this ordinance as required by law. SECTION 10. This ordinance shall become effective after the thirtieth day following its adoption. APPROVED AND ADOPTED this 2nd day of August, 2022. _____________________ LETICIA LOPEZ, Mayor ATTEST: LISA POPE, City Clerk (seal) APPROVED AS TO FORM: _______________________ ZAYNAH N. MOUSSA, City Attorney FRANCHISEE TOWING SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND MR. C’S TOWING OF SOUTH GATE, INC. COVER PAGE Franchisee: Mr. C’s Towing of South Gate, Inc. Responsible Principal of Franchisee: Jerry Brown, General Manager Notice Information - Franchisee: Mr. C’s Towing of South Gate, Inc. 4421 Mason Street South Gate, CA 90280 Attention: Jerry Brown, General Manager Phone: (323) 249-0575 Facsimile: (323) 249-4998 Notice Information - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Robert Sousa, Chief of Police Telephone: (323) 583-8811 ext. 114 Facsimile: (323) 826-1483 Commencement Date: Upon the effective date of the City of Vernon ordinance granting franchise to Mr. C’s Towing of South Gate, Inc. Termination Date: Three (3) years after commencement date inclusive. Consideration: Payment is made by Franchisee to City pursuant to Section 3 of this Agreement. Payment is made to Franchisee by City pursuant to Section 5 of this Agreement. Records Retention Period Three (3) years, pursuant to Sections 7 and 15.3 herein Ordinance No. 1284 Page 3 of 42 ________________________ Page 2 of 15 FRANCHISEE TOWING SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND MR. C’S TOWING OF SOUTH GATE, INC. This Agreement is made and entered into by and between the City of Vernon (City), a California charter City and California municipal corporation, and Mr. C’s Towing of South Gate, Inc. (Franchisee), a California corporation with its principal place of business at 4421 Mason Street, South Gate, CA 90280 (Parties) to provide towing services to the City. The Parties agree as follows: RECITALS WHEREAS, Franchisee shall provide police towing services to the City of Vernon as set forth in the City’s Request for Proposal issued on or about April 14, 2022, and titled Request for Proposals Franchise Tow Fee Program, and Franchisee’s proposal to the City (Proposal) dated May 5, 2022, Exhibit A, a copy which is attached to and incorporated into this Agreement by reference. WHEREAS, pursuant to Chapter 10.32 of the Vernon Municipal Code, Franchisee has applied for a Police Towing Franchise (Franchise); and WHEREAS, the City Council has held a public hearing for the purpose of hearing persons in favor of or in opposition to the granting of such Franchise; and WHEREAS, the City Council has determined that Franchisee has demonstrated compliance with Chapter 10.32 of the Vernon Municipal Code and has agreed to comply with all provisions of that Chapter; and WHEREAS, it is required that City and Franchisee enter into a Franchise Towing Services Agreement (Agreement) for Police Towing services in the City of Vernon; and WHEREAS, additional conditions have been imposed upon this grant of Franchise. NOW, THEREFORE, the Parties do hereby agree as follows: Section 1. GRANT OF FRANCHISE. City grants to Franchisee a Police Towing Franchise authorizing Franchisee to engage in the business of Police Towing as set forth in Chapter 10.32 of the Vernon Municipal Code in the City of Vernon and to use the public streets and rights of way for such purpose. This grant is pursuant to the City’s Request for Proposal and to Franchisee’s proposal for the Franchise. Franchisee is subject to Chapter 8.9 of the Charter of the City of Vernon, the terms and conditions specified in Chapter 10.32 et seq., of the Vernon Municipal Code, the terms and conditions specified in all related resolutions, the terms and conditions of this Agreement, and the representations and assurances in Franchisee’s application for the Franchise. Ordinance No. 1284 Page 4 of 42 ________________________ Page 3 of 15 Section 2. TERM OF FRANCHISE. The term of this Franchise granted to Franchisee shall be for three (3) years, commencing upon the effective date of the City of Vernon ordinance granting the Franchise (the Effective Date) through the date that is three (3) years from the Effective Date, inclusive. Section 3. FRANCHISE FEES. 3.1 During the term of the Franchise, Franchisee shall pay a franchise fee to City in an amount equal to 5% of Franchisee’s gross annual receipts arising from the use, operation or possession of the Franchise, which fees shall be assessed from the date on which the ordinance granting this Franchise became effective and in accordance with Section 10.32.080 of the Vernon Municipal Code and any Resolution adopted by the City Council and in such other amounts as are set forth in any subsequent resolutions that may be adopted by the City Council at any time during the term of the Agreement. 3.2 The Franchisee shall file with the City Clerk of the City, within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of this franchise, and within three (3) months after the expiration of each calendar year thereafter, a verified statement showing in detail the total gross receipts for the Franchisee derived during the preceding calendar year, or such fractional calendar year, from the provision of official police towing services within the limits of the City. The Franchisee shall pay to the City within fifteen (15) days after the time for filing said statement, in lawful money of the United States, the aforesaid percentage of its gross receipt for the calendar year, or fractional calendar year, covered by said statement. Any neglect, omission or refusal by Franchisee to file said verified statement, or to pay said percentage at the times or in the manner hereinbefore provided, shall constitute grounds for the declaration of forfeiture of this Franchise and of all rights of Franchisee hereunder pursuant to the procedures set forth in Sections 11 and 12 herein. However, Franchisee has the ability to cure. Further, the City is responsible for insuring that Franchisee has the appropriate financial institution information for electronic transfer of the franchise fee in a timely manner. Any delays caused by incorrect financial institution information shall not constitute grounds for the declaration of a forfeiture of this Franchise. 3.3 Franchisee shall timely pay all required franchise fees to: City of Vernon Attention: Finance Director 4305 Santa Fe Avenue Vernon, CA 90058 Each payment shall be accompanied by a written statement, verified by the Franchisee or a duly authorized representative of the Franchise, showing in such form and detail as the Finance Director of the City of Vernon may prescribe, the calculation of the franchise fee payable by the Franchisee and such other information as the Finance Director may require as material to a determination of the amount due. 3.4 The first payment of the franchise fee will be due on October 15, 2022, and payments shall be due monthly thereafter on the 15th day of each month. Ordinance No. 1284 Page 5 of 42 ________________________ Page 4 of 15 3.5 When Franchisee remits franchise fees to the City, such franchise fees shall be deemed timely paid only if delivered or postmarked on or before the due date. If fees are not timely paid, Franchisee shall be subject to suspension or termination of the Franchise pursuant to Section 14 of this Agreement and/or to any other penalties which may be established and assessed by the City, including, but without limitation, late fees assessed at the rate of five percent (5%). Section 4. TOWING SERVICES. 4.1 Franchisee shall provide Police Towing services, as set forth in the City’s Request for Proposals , and which includes, but without limitation, strictly adhering to the eligibility requirements, operating regulations, fees schedules, standards for tow truck equipment, standard rules of operation, response time, inspection, information regarding new or terminated tow truck drivers, tow driver training, and as set forth in Exhibit A which is Franchisee’s response to the City’s Request for Proposals. All services by Franchisee shall comply will all provisions of federal, state and local law and regulation, including, but without limitation Chapter 10.32 of the Vernon Municipal Code. 4.2 Franchisee understands and agrees that, although the City is granting it a franchise as a police towing service, the City may requisition towing services from other service providers as set forth in Section 10.32.120 of the Vernon Municipal Code, or if Franchisee is otherwise unavailable for any reason, in the reasonable discretion of the Vernon Chief of Police and including, but without limitation, suspension or termination of the Franchisee. Section 5. RATES, CHARGES AND PAYMENT. 5.1 The rates and charges for towing and storage in connection with this Franchise shall be established by the City Council. The prevailing rates prescribed by the Southern Division of the California Highway Patrol, the Los Angeles Police Department, and the Los Angeles County Sheriff will be considered when establishing these rates. The rate per impound shall be $175.00 and the storage charge shall be $52.00 per day, until otherwise modified by the City Council. A sign showing the approved rates and charges shall be conspicuously posted in the Franchisee’s tow office and shall be posted in a conspicuous place in the interior of each tow truck operated by Franchisee. Franchisee shall provide vehicle owners the option of payment by MasterCard and Visa. Franchisee must provide for after-hours releases of vehicles, and may collect an after-hour release fee. Any after-hours release fee shall not exceed one half (½) of the impound fee. Section 6. REPORTS. Franchisee shall file a monthly towing report with the Chief of Police along with payment of its monthly franchise fees. The report shall be submitted to: Chief of Police Vernon Police Department 4305 Santa Fe Avenue Vernon, CA 90058 Ordinance No. 1284 Page 6 of 42 ________________________ Page 5 of 15 The report shall include the information required by Section 10.32.100(H) of the Vernon Municipal Code for Franchisee and its subcontractors, certified as true and correct under penalty of perjury by a responsible owner or official of the Franchisee. Section 7. FRANCHISEE’S RECORDS. 7.1 The Franchisee shall maintain accurate and complete books and accounts of all revenues and income arising out of its operations under the Franchise and in a manner, which conforms with generally accepted accounting principles. Franchisee’s books, accounts and records, arising out of or related to its operation under the Franchise, shall at all times be open to inspection, examination and audit by authorized officers, employees and agents of the City. Such records shall be kept at franchisee’s place of business shown in this Agreement for receipt of notices. 7.2 Franchisee shall require its subcontractors, if any, who perform Police Towing services in connection with the Franchise to keep and maintain books of account and other records showing all business transactions conducted by such subcontractors in connection with the Franchise. Franchisee agrees to use its best efforts to avoid duplication of reporting between Franchisee and its subcontractors. Section 8. TOW VEHICLE AND DRIVER, REPORTING, COMPLIANCE, AND IDENTIFICATION. 8.1 Franchisee shall maintain on file with the City, a complete and accurate listing of every vehicle operated by Franchisee for police towing services. Franchisee shall certify, in a form acceptable to City, that every such vehicle conforms with regional and State vehicle emission standards (“emission standards”), and shall provide documentation of compliance on written request of the City. Franchisee understands and agrees that failure to conform with emission standards may result in suspension, termination or non-renewal of a Franchise. 8.2 Every vehicle operated by Franchisee and for Police Towing services in the City shall bear the following identification: Franchisee’s trade name, monogram or insignia, the Franchise vehicle number, together with Franchisee’s telephone number painted upon both sides of the vehicle. All lettering mentioned in this paragraph shall be not less than 2-1/4” in height and not less than 5/6” stroke. The Franchisee agrees to remove the Franchise vehicle number and all other information within 30 calendar days after the Franchise is terminated or the vehicle is sold, transferred or taken out of service. 8.3 Franchisee shall file with the Vernon Police Department, the name, address, date of birth, driver’s license number, and all identification required of any tow unit driver working for Franchisee, whether as an employee or as a contractor, which information shall be filed not later than ten (10) business days following the effective date of employment or engagement. Franchisee shall also notify the Vernon Police Department within ten (10) business days of the following occurrences: the license suspension of any tow unit driver, and the end of employment, or engagement, of any tow unit driver with Franchisee. Ordinance No. 1284 Page 7 of 42 ________________________ Page 6 of 15 Section 9. INDEMNIFICATION OF CITY. 9.1 Franchisee shall indemnify and hold the City harmless from and against any and all loss, damages, liability, claims, suits, costs and expenses, fines, charges or penalties whatsoever, including reasonable attorney’s fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner related to the services provided or business conducted under Chapter 10.32 of the Vernon Municipal Code or otherwise pursuant to this Agreement. 9.2 Franchisee shall indemnify the City, defend with counsel approved by the City, protect and hold harmless the City, its officers, employees, agents, assigns, and any successor or successors to the City’s interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damage, punitive damages, injuries, costs, response, remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines and charges, penalties and expenses (including, but not limited to, attorneys’ and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, the City or its officers, employees, agents or the Franchisee arising from or attributable to any repair, remediation, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, or closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous waste at any place where the Franchisee stores or dispose of solid or hazardous waste. The foregoing indemnity is intended to operate as an Agreement pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 United States Code Section 9607, and California Health and Safety Code Section 25364, and any successor provisions, to insure, protect, hold harmless, and indemnify the City from liability. Section 10. INSURANCE. Franchisee shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Agreement, including any extensions thereto. The policies shall state that they afford primary coverage. i. Automobile Liability with minimum limits of at least $2,000,000 combined single limit, including owned, hired, and non-owned liability coverage. (1) MCS 90 Endorsement must be attached to the auto liability policy. ii. Garage Keeper Legal Liability insurance with coverage limits of no less than $1,000,000 for damage to a vehicle towed, impounded or otherwise stored by Franchisee. iii. On-Hook Liability insurance with coverage limits of no less than $1,000,000 for damage to any vehicle towed by Franchisee or otherwise connected to any of Franchisee’s tow trucks. iv. Franchisee 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 Ordinance No. 1284 Page 8 of 42 ________________________ Page 7 of 15 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. v. General Liability with minimum limits of at least $2,000,000 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 Franchisee's performance of this Agreement. (1) If Franchisee employs other contractors as part of the services rendered, Contractor's Protective Coverage is required. Franchisee 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) Franchisee 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. vi. Franchisee shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. In addition, Franchisee 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 Agreement; 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 Agreement. Ordinance No. 1284 Page 9 of 42 ________________________ Page 8 of 15 vii. 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. viii. Insurance shall be placed with insurers with a Best's rating of no less than A-VIII. ix. Prior to commencement of performance, Franchisee 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. x. Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Franchisee shall immediately notify City and cease all performance under this Agreement 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 Franchisee by way of set-off or recoupment from sums due to Franchisee, at City's option; (b) immediately terminate this Agreement and seek damages from the Agreement 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 Franchisee, by way of set-off or recoupment from any sums due to Franchisee. Section 11. TERMINATION AND SUSPENSION. The City may terminate this Agreement, without cause, by giving the Franchisee thirty (30) days written notice of such termination and the effective date thereof. The City may terminate this Agreement, with cause, by giving the Franchisee (10) days written notice of such termination and the effective date thereof. Cancellation for cause shall be at the discretion of the City and shall be, but is not limited to, failure to supply the materials, equipment or service specified within the time allowed or within the terms, conditions or provisions of this agreement. Upon notice of cancellation or suspension, the contract holder shall be given five (5) days’ notice to appear before the Chief of Police or designee to show why the contract should not be revoked, in accordance with Vernon Municipal Code Chapter 10.32.130. The Franchisee may not cancel this Agreement without prior written consent from the Vernon Chief of Police. Section 12. TEMPORARY SUSPENSION. In addition to termination or suspension as set forth in Section 11, above, the Chief of Police may temporarily suspend any Franchisee without a hearing, whenever the continued operation by the Franchisee would constitute a danger to public health, safety, welfare or public morals, including, without limitation, where there is a failure to maintain the minimum levels and standards of liability insurance or claims reserve or failure to keep in full force and effect any applicable licenses or permits required by federal, state, local law, or regulation. The notice of temporary suspension may be personally delivered to the party named and to the address given on the application pursuant to which such Franchise was issued and to the notice address stated herein, if different, or, mailed by registered or certified mail to the party named at the Ordinance No. 1284 Page 10 of 42 ________________________ Page 9 of 15 address given on the application pursuant to which such Franchise was issued and to the notice address stated herein, if different. Notwithstanding other notice provisions of this Agreement, the temporary suspension is effective upon the earlier of either receipt or the expiration of 3 days from the date of mailing. The notice of temporary suspension shall include a notice of the date and time for termination hearing and all other information required by the Vernon Municipal Code. The temporary suspension shall remain effective until the decision on suspension or termination is made unless the suspension is lifted by written notice of the Chief of Police. Section 13. ACCEPTANCE, WAIVER. Franchisee agrees to be bound by and comply with all the requirements of Chapter 10.32 and this Agreement. By entering into this Agreement, Franchisee waives, to the maximum extent permitted by law, Franchisee’s right to challenge the terms of this Agreement and of Chapter 10.32 under federal, state or local law, or under administrative regulation, as such laws and regulations exist as of the date of signing of this Agreement. Section 14. GENERAL TERMS AND CONDITIONS. 14.1 INDEPENDENT STATUS. It is understood that in the performance under this Agreement, Franchisee shall be, and is, an independent operator, and is not an agent, contractor, or employee of City and shall furnish services in its own manner and method. Further, Franchisee has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Franchisee in its business operations. Franchisee shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 14.2 FRANCHISE NOT AGENT. Franchisee 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. 14.3 WAIVER. The City’s waiver of any term, condition, breach or default of this Agreement 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. 14.4 NO ASSIGNMENT. The Franchisee shall not assign or transfer any interest in this Agreement without the express prior written consent and approval of City Council. 14.5 COMPLIANCE WITH LAWS. Franchisee shall comply with all Federal, State, County and City laws, ordinances, resolutions, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof. 14.6 ATTORNEY’S FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Agreement, 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. Ordinance No. 1284 Page 11 of 42 ________________________ Page 10 of 15 14.7 INTERPRETATION. 14.7.1 Applicable Law. This Agreement, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed and construed according to the laws of the State of California. 14.7.2 Entire Agreement. This Agreement, including any Exhibits attached hereto and any documents explicitly referenced herein, 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). 14.7.3 Written Amendment. This Agreement may only be changed by written amendment signed by Franchisee 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 Agreement shall be of no force or effect. 14.7.4 Severability. If any provision in this Agreement is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Agreement, 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 Agreement. 14.7.5 Choice of Forum. The parties hereby agree that this Agreement is to be enforced in accordance with the laws of the State of California, is entered into and is to be performed in the City of Vernon and that all claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum. 14.7.6 Order of Precedence. In case of conflict between the terms of this Agreement and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the order of precedence is as follows: Charter the City of Vernon, the Vernon Municipal Code, the ordinance granting this Franchise, resolutions of the City of Vernon, this Agreement, the City’s Request for Proposals for Official Police Towing Services, and Franchisee’s Response to the City’s Request for Proposals for Official Police Towing Services. 14.8 AUTHORITY OF FRANCHISEE. The Franchisee hereby represents and warrants to the City that the Franchisee has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement, and its execution of this Agreement has been duly authorized. Section 15. ADDITIONAL ASSURANCES. 15.1 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Franchisee certifies and represents that, during the performance of this Agreement, Franchisee and any other parties with whom it may subcontract shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, marital status. Franchisee further certifies that Ordinance No. 1284 Page 12 of 42 ________________________ Page 11 of 15 it will not maintain any segregated facilities. Franchisee further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit B. 15.2 BUSINESS LICENSES. Franchisee shall obtain, and pay any and all costs associated therewith, any Vernon Business License, which may be required by the Vernon Municipal Code and all permits, and licenses applicable to Franchisee’s operations under this Franchise, which are required of Franchisee by any governmental agency. 15.3 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Franchisee’s records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Agreement and/or is paying only the amounts to which Franchisee is properly entitled under the Agreement or for other purposes relating to the Agreement. The Franchisee shall maintain and preserve all such records for a period of at least three (3) years after termination of the Agreement. The Franchisee shall maintain all such records in the City of Vernon. If not, the Franchisee 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 personal, salaries, private auditors, travel, lodging, meals and overhead. 15.4 CONFLICT. Franchisee hereby represents warrants and certifies that no member, officer or employee of the Franchisee 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. Section 16. PREVAILING WAGES The provisions of California Labor Code 1770, et seq., regarding the payment of prevailing wages on public works, and related regulations, apply to all City contracts. In addition, the selected tow service companies and/or any subcontractor must be currently registered and qualified (including payment of any required fee) with the State Department of Industrial Relations pursuant to Labor Code section 1725.5 (with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)). This project is subject to compliance monitoring and enforcement by the State Department of Industrial Relations. Section 17. NOTICES. Except as otherwise provided in this Agreement, all notices required by this Agreement or by Chapter 10.32 of the Vernon Municipal Code shall be given by personal service or by deposit in the United States mail, postage pre-paid and return receipt requested, addressed to the parties as follows: Ordinance No. 1284 Page 13 of 42 ________________________ Page 12 of 15 To City: Chief of Police Vernon Police Department 4305 Santa Fe Avenue Vernon, CA 90058 Copies to: Director of Finance City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Franchisee: Mr. C’s Towing of South Gate, Inc. Attention: Jerry Brown, General Manager 4421 Mason Street South Gate, CA 90280 Notice shall be deemed effective on the date personally served or, if mailed, three days the date deposited in the mail. [Signatures Begin on Next Page]. Ordinance No. 1284 Page 14 of 42 ________________________ Page 13 of 15 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date set forth below. City of Vernon, a California charter City and California municipal corporation DATED: _____________________ By: ____________________________ Carlos Fandino, City Administrator Mr. C’s Towing of South Gate, Inc., a California corporation DATED: ______________________ By: Name: Kurtis McElroy Title: President ATTEST: Lisa Pope, City Clerk By: Name: Jerry Brown Title: General Manager APPROVED AS TO FORM: Zaynah N. Moussa, Interim City Attorney Ordinance No. 1284 Page 15 of 42 ________________________ Page 14 of 15 EXHIBIT A FRANCHISEE'S PROPOSAL Ordinance No. 1284 Page 16 of 42 ________________________ Ordinance No. 1284 Page 17 of 42 ________________________ Ordinance No. 1284 Page 18 of 42 ________________________ Ordinance No. 1284 Page 19 of 42 ________________________ Ordinance No. 1284 Page 20 of 42 ________________________ Ordinance No. 1284 Page 21 of 42 ________________________ Ordinance No. 1284 Page 22 of 42 ________________________ Ordinance No. 1284 Page 23 of 42 ________________________ Ordinance No. 1284 Page 24 of 42 ________________________ Ordinance No. 1284 Page 25 of 42 ________________________ Ordinance No. 1284 Page 26 of 42 ________________________ Ordinance No. 1284 Page 27 of 42 ________________________ Ordinance No. 1284 Page 28 of 42 ________________________ Ordinance No. 1284 Page 29 of 42 ________________________ Ordinance No. 1284 Page 30 of 42 ________________________ Ordinance No. 1284 Page 31 of 42 ________________________ Ordinance No. 1284 Page 32 of 42 ________________________ Page has been redacted. Ordinance No. 1284 Page 33 of 42 ________________________ Page has been redacted. Ordinance No. 1284 Page 34 of 42 ________________________ Page has been redacted. Ordinance No. 1284 Page 35 of 42 ________________________ Page has been redacted. Ordinance No. 1284 Page 36 of 42 ________________________ Page has been redacted. Ordinance No. 1284 Page 37 of 42 ________________________ Ordinance No. 1284 Page 38 of 42 ________________________ Page has been redacted. Ordinance No. 1284 Page 39 of 42 ________________________ Ordinance No. 1284 Page 40 of 42 ________________________ Ordinance No. 1284 Page 41 of 42 ________________________ Page 15 of 15 EXHIBIT B THE EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A. Franchisee certifies and represents that, during the performance of this Agreement, the Franchisee 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. Franchisee further certifies that it will not maintain any segregated facilities. B. Franchisee agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Franchisee, 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. Franchisee 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. Franchisee 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. Ordinance No. 1284 Page 42 of 42 ________________________ ORDINANCE NO. 1285 AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING A NON-EXCLUSIVE FRANCHISE TOWING SERVICES AGREEMENT TO TOWWERKS, LLC. (DBA VIERTEL’S CENTRAL / NORTHEAST DIVISION) SECTION 1. Recitals. A. The City of Vernon (City) is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California. B. The City Council of the City of Vernon is authorized by City Charter Chapter 8.9 to grant a franchise in the City of Vernon to any person, firm, corporation, or other entity and to set terms, conditions, restrictions and limitations by ordinance. C. On October 2, 2012, the City Council of the City of Vernon adopted Ordinance No. 1198 adding Chapter 10.32 (formerly Chapter 4B) to the Vernon Municipal Code to establish a non-consensual franchise towing fee. D. On or about April 14, 2022, the Vernon Police Department issued a Request for Proposals for the City’s Franchise Tow Fee Program. E. After reviewing the proposals, and after a duly noticed public hearing, it was determined that the proposal submitted by Towwerks, LLC. (dba Viertel’s Central / Northeast Division) (Towwerks) complies with Chapter 10.32 of the Vernon Municipal Code, and that Towwerks has agreed to comply with all provisions of this Chapter. F. The City Council of the City of Vernon desires to grant a non-exclusive police towing franchise to Towwerks, subject to the terms and conditions set forth in the Franchise Towing Services Agreement (Franchise Agreement). The franchise shall be for a term of three (3) years, if a written Franchise Agreement has been fully executed by the franchisee and all other requirements of the Franchise Agreement and Chapter 10.32 have been met by the franchisee. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 2. The City Council of the City of Vernon herby finds and determines that the above recitals are true and correct and are a substantial part of this ordinance. SECTION 3. The City Council of the City of Vernon, pursuant to Chapter 10.32 of the Vernon Municipal Code, hereby approves the Franchise Agreement with Towwerks, LLC. (dba Viertel’s Central / Northeast Division), in substantially the same form attached hereto as Exhibit A. The grant of franchise is based on the certifications that franchisee shall comply with all provisions of Chapter 10.32 and the Franchise Agreement. Ordinance No. 1285 Page 2 of 63 _______________________ SECTION 4. The City Council of the City of Vernon hereby authorizes the City Administrator 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 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 Ordinance and the transactions herein approved or authorized, including but not limited to, any non-substantive changes to the Agreement attached herein. SECTION 6. Any ordinance or parts of an ordinance in conflict with this Ordinance are hereby repealed. SECTION 7. Any provision of the Vernon Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 8. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this Ordinance are declared to be severable. SECTION 9. The City Clerk shall certify the adoption and publish this ordinance as required by law. SECTION 10. This ordinance shall become effective after the thirtieth day following its adoption. APPROVED AND ADOPTED this 2nd day of August, 2022. ______________________ LETICIA LOPEZ, Mayor ATTEST: LISA POPE, City Clerk (seal) APPROVED AS TO FORM: ______________________ ZAYNAH N. MOUSSA, City Attorney FRANCHISEE TOWING SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND TOWWERKS, LLC. (DBA VIERTEL’S CENTRAL / NORTHEAST DIVISION) COVER PAGE Franchisee: Towwerks, LLC. (dba Viertel’s Central / Northeast Division) Responsible Principal of Franchisee: Randy Steinberg, Owner Notice Information - Franchisee: Towwerks, LLC. (dba Viertel’s Central / Northeast Division) 2010 N. Figueroa Street Los Angeles, CA 90065 Attention: Randy Steinberg, Owner Phone: (213) 687-1003 Facsimile: (323) 544-4866 Notice Information - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Robert Sousa, Chief of Police Telephone: (323) 583-8811 ext. 114 Facsimile: (323) 826-1483 Commencement Date: Upon the effective date of the City of Vernon ordinance granting franchise to Viertel’s Central / Northeast Division Termination Date: Three (3) years after commencement date, inclusive. Consideration: Payment is made by Franchisee to City pursuant to Section 3 of this Agreement. Payment is made to Franchisee by City pursuant to Section 5 of this Agreement. Records Retention Period Three (3) years, pursuant to Sections 7 and 15.3 herein Ordinance No. 1285 Page 3 of 63 ________________________ Page 2 of 15 FRANCHISEE TOWING SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND TOWWERKS, LLC. (DBA VIERTEL’S CENTRAL / NORTHEAST DIVISION) This Agreement is made and entered into by and between the City of Vernon (City), a California charter City and California municipal corporation, and Towwerks, LLC. (dba Viertel’s Central / Northeast Division (Franchisee), a Limited Liability Company with its principal place of business at 2010 N. Figueroa Street, Los Angeles, CA 90065 (Parties) to provide towing services to the City. The Parties agree as follows: RECITALS WHEREAS, Franchisee shall provide police towing services to the City of Vernon as set forth in the City’s Request for Proposal issued on or about April 14, 2022, and titled Request for Proposals Franchise Tow Fee Program, and Franchisee’s proposal to the City (Proposal) dated April 28, 2022, Exhibit A, a copy which is attached to and incorporated into this Agreement, by reference. WHEREAS, pursuant to Chapter 10.32 of the Vernon Municipal Code, Franchisee has applied for a Police Towing Franchise (Franchise); and WHEREAS, the City Council has held a public hearing for the purpose of hearing persons in favor of or in opposition to the granting of such Franchise; and WHEREAS, the City Council has determined that Franchisee has demonstrated compliance with Chapter 10.32 of the Vernon Municipal Code and has agreed to comply with all provisions of that Chapter; and WHEREAS, it is required that City and Franchisee enter into a Franchise Towing Services Agreement (Agreement) for Police Towing services in the City of Vernon; and WHEREAS, additional conditions have been imposed upon this grant of Franchise. NOW, THEREFORE, the Parties do hereby agree as follows: Section 1. GRANT OF FRANCHISE. City grants to Franchisee a Police Towing Franchise authorizing Franchisee to engage in the business of Police Towing as set forth in Chapter 10.32 of the Vernon Municipal Code in the City of Vernon and to use the public streets and rights of way for such purpose. This grant is pursuant to the City’s Request for Proposal and to Franchisee’s proposal for the Franchise. Franchisee is subject to Chapter 8.9 of the Charter of the City of Vernon, the terms and conditions specified in Chapter 10.32 et seq., of the Vernon Municipal Code, the terms and conditions specified in all related resolutions, the terms and conditions of this Agreement, and the representations and assurances in Franchisee’s application for the Franchise. Ordinance No. 1285 Page 4 of 63 ________________________ Page 3 of 15 Section 2. TERM OF FRANCHISE. The term of this Franchise granted to Franchisee shall be for three (3) years, commencing upon the effective date of the City of Vernon ordinance granting the Franchise (the Effective Date) to the date that is three (3) years from the Effective Date, inclusive. Section 3. FRANCHISE FEES. 3.1 During the term of the Franchise, Franchisee shall pay a franchise fee to City in an amount equal to 5% of Franchisee’s gross annual receipts arising from the use, operation or possession of the Franchise, which fees shall be assessed from the date on which the ordinance granting this Franchise became effective and in accordance with Section 10.32.080 of the Vernon Municipal Code and any Resolution adopted by the City Council and in such other amounts as are set forth in any subsequent resolutions that may be adopted by the City Council at any time during the term of the Agreement. 3.2 The Franchisee shall file with the City Clerk of the City, within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of this franchise, and within three (3) months after the expiration of each calendar year thereafter, a verified statement showing in detail the total gross receipts for the Franchisee derived during the preceding calendar year, or such fractional calendar year, from the provision of official police towing services within the limits of the City. The Franchisee shall pay to the City within fifteen (15) days after the time for filing said statement, in lawful money of the United States, the aforesaid percentage of its gross receipt for the calendar year, or fractional calendar year, covered by said statement. Any neglect, omission or refusal by Franchisee to file said verified statement, or to pay said percentage at the times or in the manner hereinbefore provided, shall constitute grounds for the declaration of forfeiture of this Franchise and of all rights of Franchisee hereunder pursuant to the procedures set forth in Sections 11 and 12 herein. However, Franchisee has the ability to cure. Further, the City is responsible for insuring that Franchisee has the appropriate financial institution information for electronic transfer of the franchise fee in a timely manner. Any delays caused by incorrect financial institution information shall not constitute grounds for the declaration of a forfeiture of this Franchise. 3.3 Franchisee shall timely pay all required franchise fees to: City of Vernon Attention: Finance Director 4305 Santa Fe Avenue Vernon, CA 90058 Each payment shall be accompanied by a written statement, verified by the Franchisee or a duly authorized representative of the Franchise, showing in such form and detail as the Finance Director of the City of Vernon may prescribe, the calculation of the franchise fee payable by the Franchisee and such other information as the Finance Director may require as material to a determination of the amount due. 3.4 The first payment of the franchise fee will be due on October 15, 2022, and payments shall be due monthly thereafter on the 15th day of each month. 3.5 When Franchisee remits franchise fees to the City, such franchise fees shall be deemed timely paid only if delivered or postmarked on or before the due date. If fees Ordinance No. 1285 Page 5 of 63 ________________________ Page 4 of 15 are not timely paid, Franchisee shall be subject to suspension or termination of the Franchise pursuant to Section 14 of this Agreement and/or to any other penalties which may be established and assessed by the City, including, but without limitation, late fees assessed at the rate of five percent (5%). Section 4. TOWING SERVICES. 4.1 Franchisee shall provide Police Towing services, as set forth in the City’s Request for Proposals, and which includes, but without limitation, strictly adhering to the eligibility requirements, operating regulations, fees schedules, standards for tow truck equipment, standard rules of operation, response time, inspection, information regarding new or terminated tow truck drivers, tow driver training, and as set forth in Exhibit A which is Franchisee’s response to the City’s Request for Proposals. All services by Franchisee shall comply will all provisions of federal, state and local law and regulation, including, but without limitation Chapter 10.32 of the Vernon Municipal Code. 4.2 Franchisee understands and agrees that, although the City is granting it a franchise as a police towing service, the City may requisition towing services from other service providers as set forth in Section 10.32.120 of the Vernon Municipal Code, or if Franchisee is otherwise unavailable for any reason, in the reasonable discretion of the Vernon Chief of Police and including, but without limitation, suspension or termination of the Franchisee. Section 5. RATES, CHARGES AND PAYMENT. 5.1 The rates and charges for towing and storage in connection with this Franchise shall be established by the City Council. The prevailing rates prescribed by the Southern Division of the California Highway Patrol, the Los Angeles Police Department, and the Los Angeles County Sheriff will be considered when establishing these rates. The rate per impound shall be $175.00 and the storage charge shall be $52.00 per day, until otherwise modified by the City Council. A sign showing the approved rates and charges shall be conspicuously posted in the Franchisee’s tow office and shall be posted in a conspicuous place in the interior of each tow truck operated by Franchisee. Franchisee shall provide vehicle owners the option of payment by MasterCard and Visa. Franchisee must provide for after-hours releases of vehicles, and may collect an after-hour release fee. Any after-hours release fee shall not exceed one half (½) of the impound fee . Section 6. REPORTS. Franchisee shall file a monthly towing report with the Chief of Police along with payment of its monthly franchise fees. The report shall be submitted to: Chief of Police Vernon Police Department 4305 Santa Fe Avenue Vernon, CA 90058 The report shall include the information required by Section 10.32.100(H) of the Vernon Municipal Code for Franchisee and its subcontractors, certified as true and correct under penalty of perjury by a responsible owner or official of the Franchisee. Ordinance No. 1285 Page 6 of 63 ________________________ Page 5 of 15 Section 7. FRANCHISEE’S RECORDS. 7.1 The Franchisee shall maintain accurate and complete books and accounts of all revenues and income arising out of its operations under the Franchise and in a manner, which conforms with generally accepted accounting principles. Franchisee’s books, accounts and records, arising out of or related to its operation under the Franchise, shall at all times be open to inspection, examination and audit by authorized officers, employees and agents of the City. Such records shall be kept at franchisee’s place of business shown in this Agreement for receipt of notices. 7.2 Franchisee shall require its subcontractors, if any, who perform Police Towing services in connection with the Franchise to keep and maintain books of account and other records showing all business transactions conducted by such subcontractors in connection with the Franchise. Franchisee agrees to use its best efforts to avoid duplication of reporting between Franchisee and its subcontractors. Section 8. TOW VEHICLE AND DRIVER, REPORTING, COMPLIANCE, AND IDENTIFICATION. 8.1 Franchisee shall maintain on file with the City, a complete and accurate listing of every vehicle operated by Franchisee for police towing services. Franchisee shall certify, in a form acceptable to City, that every such vehicle conforms with regional and State vehicle emission standards (“emission standards”), and shall provide documentation of compliance on written request of the City. Franchisee understands and agrees that failure to conform with emission standards may result in suspension, termination or non-renewal of a Franchise. 8.2 Every vehicle operated by Franchisee and for Police Towing services in the City shall bear the following identification: Franchisee’s trade name, monogram or insignia, the Franchise vehicle number, together with Franchisee’s telephone number painted upon both sides of the vehicle. All lettering mentioned in this paragraph shall be not less than 2-1/4” in height and not less than 5/6” stroke. The Franchisee agrees to remove the Franchise vehicle number and all other information within 30 calendar days after the Franchise is terminated or the vehicle is sold, transferred or taken out of service. 8.3 Franchisee shall file with the Vernon Police Department, the name, address, date of birth, driver’s license number, and all identification required of any tow unit driver working for Franchisee, whether as an employee or as a contractor, which information shall be filed not later than ten (10) business days following the effective date of employment or engagement. Franchisee shall also notify the Vernon Police Department within ten (10) business days of the following occurrences: the license suspension of any tow unit driver, and the end of employment, or engagement, of any tow unit driver with Franchisee. Section 9. INDEMNIFICATION OF CITY. 9.1 Franchisee shall indemnify and hold the City harmless from and against any and all loss, damages, liability, claims, suits, costs and expenses, fines, charges or penalties whatsoever, including reasonable attorney’s fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner related to the services provided or business conducted under Chapter 10.32 of the Vernon Municipal Code or otherwise pursuant to this Agreement. Ordinance No. 1285 Page 7 of 63 ________________________ Page 6 of 15 9.2 Franchisee shall indemnify the City, defend with counsel approved by the City, protect and hold harmless the City, its officers, employees, agents, assigns, and any successor or successors to the City’s interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damage, punitive damages, injuries, costs, response, remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines and charges, penalties and expenses (including, but not limited to, attorneys’ and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, the City or its officers, employees, agents or the Franchisee arising from or attributable to any repair, remediation, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, or closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous waste at any place where the Franchisee stores or dispose of solid or hazardous waste. The foregoing indemnity is intended to operate as an Agreement pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 United States Code Section 9607, and California Health and Safety Code Section 25364, and any successor provisions, to insure, protect, hold harmless, and indemnify the City from liability. Section 10. INSURANCE. Franchisee shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Agreement, including any extensions thereto. The policies shall state that they afford primary coverage. i.Automobile Liability with minimum limits of at least $2,000,000 combined single limit, including owned, hired, and non-owned liability coverage. (1) MCS 90 Endorsement must be attached to the auto liability policy. ii.Garage Keeper Legal Liability insurance with coverage limits of no less than $1,000,000 for damage to a vehicle towed, impounded or otherwise stored by Franchisee. iii.On-Hook Liability insurance with coverage limits of no less than $1,000,000 for damage to any vehicle towed by Franchisee or otherwise connected to any of Franchisee’s tow trucks. iv.Franchisee 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. v.General Liability with minimum limits of at least $2,000,000 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 Ordinance No. 1285 Page 8 of 63 ________________________ Page 7 of 15 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 Franchisee's performance of this Agreement. (1)If Franchisee employs other contractors as part of the services rendered, Contractor's Protective Coverage is required. Franchisee 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)Franchisee agrees to subrogate General Liability resulting from performance under this agreement by agreeing to def end, 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. vi.Franchisee shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. In addition, Franchisee 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 Agreement; 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 Agreement. vii.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. viii.Insurance shall be placed with insurers with a Best's rating of no less than A-VIII. ix.Prior to commencement of performance, Franchisee 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 Ordinance No. 1285 Page 9 of 63 ________________________ Page 8 of 15 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. x.Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Franchisee shall immediately notify City and cease all performance under this Agreement 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 Franchisee by way of set-off or recoupment from sums due to Franchisee, at City's option; (b) immediately terminate this Agreement and seek damages from the Agreement 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 Franchisee, by way of set-off or recoupment from any sums due to Franchisee. Section 11. TERMINATION AND SUSPENSION. The City may terminate this Agreement, without cause, by giving the Franchisee thirty (30) days written notice of such termination and the effective date thereof. The City may terminate this Agreement, with cause, by giving the Franchisee (10) days written notice of such termination and the effective date thereof. Cancellation for cause shall be at the discretion of the City and shall be, but is not limited to, failure to supply the materials, equipment or service specified within the time allowed or within the terms, conditions or provisions of this agreement. Upon notice of cancellation or suspension, the contract holder shall be given five (5) days’ notice to appear before the Chief of Police or designee to show why the contract should not be revoked, in accordance with Vernon Municipal Code Chapter 10.32.130. The Franchisee may not cancel this Agreement without prior written consent from the Vernon Chief of Police. Section 12. TEMPORARY SUSPENSION. In addition to termination or suspension as set forth in Section 11, above, the Chief of Police may temporarily suspend any Franchisee without a hearing, whenever the continued operation by the Franchisee would constitute a danger to public health, safety, welfare or public morals, including, without limitation, where there is a failure to maintain the minimum levels and standards of liability insurance or claims reserve or failure to keep in full force and effect any applicable licenses or permits required by federal, state, local law, or regulation. T he notice of temporary suspension may be personally delivered to the party named and to the address given on the application pursuant to which such Franchise was issued and to the notice address stated herein, if different, or, mailed by registered or certified mail to the party named at the address given on the application pursuant to which such Franchise was issued and to the notice address stated herein, if different. Notwithstanding other notice provisions of this Agreement, the temporary suspension is effective upon the earlier of either receipt or the expiration of 3 days from the date of mailing. The notice of temporary suspension shall include a notice of the date and time for termination hearing and all other information required by the Vernon Municipal Code. The temporary suspension shall remain effective until the decision on suspension or termination is made unless the suspension is lifted by written notice of the Chief of Police. Ordinance No. 1285 Page 10 of 63 ________________________ Page 9 of 15 Section 13. ACCEPTANCE, WAIVER. Franchisee agrees to be bound by and comply with all the requirements of Chapter 10.32 and this Agreement. By entering into this Agreement, Franchisee waives, to the maximum extent permitted by law, Franchisee’s right to challenge the terms of this Agreement and of Chapter 10.32 under federal, state or local law, or under administrative regulation, as such laws and regulations exist as of the date of signing of this Agreement. Section 14. GENERAL TERMS AND CONDITIONS. 14.1 INDEPENDENT STATUS. It is understood that in the performance under this Agreement, Franchisee shall be, and is, an independent operator, and is not an agent, contractor, or employee of City and shall furnish services in its own manner and method. Further, Franchisee has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Franchisee in its business operations. Franchisee shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 14.2 FRANCHISE NOT AGENT. Franchisee 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. 14.3 WAIVER. The City’s waiver of any term, condition, breach or default of this Agreement 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. 14.4 NO ASSIGNMENT. The Franchisee shall not assign or transfer any interest in this Agreement without the express prior written consent and approval of City Council. 14.5 COMPLIANCE WITH LAWS. Franchisee shall comply with all Federal, State, County and City laws, ordinances, resolutions, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof. 14.6 ATTORNEY’S FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Agreement, 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. 14.7 INTERPRETATION. 14.7.1 Applicable Law. This Agreement, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed and construed according to the laws of the State of California. 14.7.2 Entire Agreement. This Agreement, including any Exhibits attached hereto and any documents explicitly referenced herein, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes Ordinance No. 1285 Page 11 of 63 ________________________ Page 10 of 15 all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (written or oral). 14.7.3 Written Amendment. This Agreement may only be changed by written amendment signed by Franchisee 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 Agreement shall be of no force or effect. 14.7.4 Severability. If any provision in this Agreement is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Agreement, 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 Agreement. 14.7.5 Choice of Forum. The parties hereby agree that this Agreement is to be enforced in accordance with the laws of the State of California, is entered into and is to be performed in the City of Vernon and that all claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum. 14.7.6 Order of Precedence. In case of conflict between the terms of this Agreement and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the order of precedence is as follows: Charter the City of Vernon, the Vernon Municipal Code, the ordinance granting this Franchise, resolutions of the City of Vernon, this Agreement, the City’s Request for Proposals for Official Police Towing Services, and Franchisee’s Response to the City’s Request for Proposals for Official Police Towing Services. 14.8 AUTHORITY OF FRANCHISEE. The Franchisee hereby represents and warrants to the City that the Franchisee has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement, and its execution of this Agreement has been duly authorized. Section 15. ADDITIONAL ASSURANCES. 15.1 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Franchisee certifies and represents that, during the performance of this Agreement, Franchisee and any other parties with whom it may subcontract shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, marital status. Franchisee further certifies that it will not maintain any segregated facilities. Franchisee further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit B. 15.2 BUSINESS LICENSES. Franchisee shall obtain, and pay any and all costs associated therewith, any Vernon Business License, which may be required by the Vernon Municipal Code and all permits, and licenses applicable to Franchisee’s operations under this Franchise, which are required of Franchisee by any governmental agency. Ordinance No. 1285 Page 12 of 63 ________________________ Page 11 of 15 15.3 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Franchisee’s records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Agreement and/or is paying only the amounts to which Franchisee is properly entitled under the Agreement or for other purposes relating to the Agreement. The Franchisee shall maintain and preserve all such records for a period of at least three (3) years after termination of the Agreement. The Franchisee shall maintain all such records in the City of Vernon. If not, the Franchisee 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 personal, salaries, private auditors, travel, lodging, meals and overhead. 15.4 CONFLICT. Franchisee hereby represents warrants and certifies that no member, officer or employee of the Franchisee 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. Section 16. PREVAILING WAGES The provisions of California Labor Code 1770, et seq., regarding the payment of prevailing wages on public works, and related regulations, apply to all City contracts. In addition, the selected tow service companies and/or any subcontractor must be currently registered and qualified (including payment of any required fee) with the State Department of Industrial Relations pursuant to Labor Code section 1725.5 (with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)). This project is subject to compliance monitoring and enforcement by the State Department of Industrial Relations. Section 17. NOTICES. Except as otherwise provided in this Agreement, all notices required by this Agreement or by Chapter 10.32 of the Vernon Municipal Code shall be given by personal service or by deposit in the United States mail, postage pre-paid and return receipt requested, addressed to the parties as follows: To City: Chief of Police Vernon Police Department 4305 Santa Fe Avenue Vernon, CA 90058 Copies to: Director of Finance City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Ordinance No. 1285 Page 13 of 63 ________________________ Page 12 of 15 Franchisee: Towwerks, LLC. (dba Viertel’s Central /Northeast Division) Attention: Randy Steinberg, Managing Member/Owner 2010 N. Figueroa Street Los Angeles, CA 90065 Notice shall be deemed effective on the date personally served or, if mailed, three days the date deposited in the mail. [Signatures Begin on Next Page]. Ordinance No. 1285 Page 14 of 63 ________________________ Page 13 of 15 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date set forth below. City of Vernon, a California charter City and California municipal corporation DATED: ________ _ By:____________________________ Carlos Fandino, City Administrator Towwerks, LLC. (dba Viertel’s Central / Northeast Division), a Limited Liability Company DATED: __________ By: Name: Randy Steinberg Title: Managing Member - Owner ATTEST: Lisa Pope, City Clerk By: Name: Cecilio Nunez Title: General Manger APPROVED AS TO FORM: Zaynah N. Moussa, Interim City Attorney Ordinance No. 1285 Page 15 of 63 ________________________ Page 14 of 15 EXHIBIT A FRANCHISEE'S PROPOSAL Ordinance No. 1285 Page 16 of 63 ________________________ Ordinance No. 1285 Page 17 of 63 ________________________ Ordinance No. 1285 Page 18 of 63 ________________________ Ordinance No. 1285 Page 19 of 63 ________________________ Ordinance No. 1285 Page 20 of 63 ________________________ Ordinance No. 1285 Page 21 of 63 ________________________ Ordinance No. 1285 Page 22 of 63 ________________________ Ordinance No. 1285 Page 23 of 63 ________________________ Ordinance No. 1285 Page 24 of 63 ________________________ Ordinance No. 1285 Page 25 of 63 ________________________ Ordinance No. 1285 Page 26 of 63 ________________________ Ordinance No. 1285 Page 27 of 63 ________________________ Ordinance No. 1285 Page 28 of 63 ________________________ Ordinance No. 1285 Page 29 of 63 ________________________ Ordinance No. 1285 Page 30 of 63 ________________________ Ordinance No. 1285 Page 31 of 63 ________________________ Ordinance No. 1285 Page 32 of 63 ________________________ Ordinance No. 1285 Page 33 of 63 ________________________ Ordinance No. 1285 Page 34 of 63 ________________________ Ordinance No. 1285 Page 35 of 63 ________________________ Ordinance No. 1285 Page 36 of 63 ________________________ Ordinance No. 1285 Page 37 of 63 ________________________ Ordinance No. 1285 Page 38 of 63 ________________________ Ordinance No. 1285 Page 39 of 63 ________________________ Ordinance No. 1285 Page 40 of 63 ________________________ Ordinance No. 1285 Page 41 of 63 ________________________ Ordinance No. 1285 Page 42 of 63 ________________________ Ordinance No. 1285 Page 43 of 63 ________________________ Ordinance No. 1285 Page 44 of 63 ________________________ Ordinance No. 1285 Page 45 of 63 ________________________ Ordinance No. 1285 Page 46 of 63 ________________________ Ordinance No. 1285 Page 47 of 63 ________________________ Ordinance No. 1285 Page 48 of 63 ________________________ Page has been redacted. Ordinance No. 1285 Page 49 of 63 ________________________ Page has been redacted. Ordinance No. 1285 Page 50 of 63 ________________________ Page has been redacted. Ordinance No. 1285 Page 51 of 63 ________________________ Page has been redacted. Ordinance No. 1285 Page 52 of 63 ________________________ Page has been redacted. Ordinance No. 1285 Page 53 of 63 ________________________ Ordinance No. 1285 Page 54 of 63 ________________________ Page has been redacted. Ordinance No. 1285 Page 55 of 63 ________________________ Page has been redacted. Ordinance No. 1285 Page 56 of 63 ________________________ Ordinance No. 1285 Page 57 of 63 ________________________ Ordinance No. 1285 Page 58 of 63 ________________________ Ordinance No. 1285 Page 59 of 63 ________________________ Ordinance No. 1285 Page 60 of 63 ________________________ Ordinance No. 1285 Page 61 of 63 ________________________ Ordinance No. 1285 Page 62 of 63 ________________________ Page 15 of 15 EXHIBIT B THE EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A.Franchisee certifies and represents that, during the performance of this Agreement, the Franchisee 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. Franchisee further certifies that it will not maintain any segregated facilities. B.Franchisee agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Franchisee, 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.Franchisee 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.Franchisee 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. Ordinance No. 1285 Page 63 of 63 ________________________ CALIFORNIA NEWSPAPER SERVICE BUREAU PRE# D A I L Y J O U R N A L C O R P O R A T I O N To the right is a copy of the notice you sent to us for publication in the HUNTINGTON PARK BULLETIN. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone (800) 788-7840 / Fax (800) 464-2839 Visit us @ www.LegalAdstore.com LISA POPE CITY OF VERNON CITY CLERK 4305 SANTA FE AVE VERNON, CA 90058 ORD ORDINANCE PUBLICATION Ordinance No. 1284 Mr. C's Towing Agreement Introduction 07/28/2022 Notice Type: Ad Description COPY OF NOTICE 3607815 !A000006072805! An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. SUMMARY OF ORDINANCE No. 1284 Ordinance No. 1284 grants a non-exclusive police towing franchise to Mr. C's Towing of South Gate, Inc. Ordinance No. 1284 was introduced by the Vernon City Council at its regular meeting on July 19, 2022. Second reading and adoption of the ordinance are scheduled for the Regular City Council meeting on August 2, 2022, at City Hall, 4305 Santa Fe Avenue, Vernon, California. The full text of Ordinance No. 1284 is on file in the City Clerk Department. Posted: Wednesday, July 20, 2022 7/28/22 PRE-3607815# HUNTINGTON PARK BULLETIN CALIFORNIA NEWSPAPER SERVICE BUREAU PRE# D A I L Y J O U R N A L C O R P O R A T I O N To the right is a copy of the notice you sent to us for publication in the HUNTINGTON PARK BULLETIN. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone (800) 788-7840 / Fax (800) 464-2839 Visit us @ www.LegalAdstore.com LISA POPE CITY OF VERNON CITY CLERK 4305 SANTA FE AVE VERNON, CA 90058 ORD ORDINANCE PUBLICATION Ordinance No. 1285 Towwekr's LLC Towing Agreement Introduction 07/28/2022 Notice Type: Ad Description COPY OF NOTICE 3607816 !A000006072807! An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. SUMMARY OF ORDINANCE No. 1285 Ordinance No. 1285 grants a non-exclusive police towing franchise to Towwerks, LLC (dba Viertel's Central/Northeast Division). Ordinance No. 1285 was introduced by the Vernon City Council at its regular meeting on July 19, 2022. Second reading and adoption of the ordinance are scheduled for the Regular City Council meeting on August 2, 2022, at City Hall, 4305 Santa Fe Avenue, Vernon, California. The full text of Ordinance No. 1285 is on file in the City Clerk Department. Posted: Wednesday, July 20, 2022 7/28/22 PRE-3607816# HUNTINGTON PARK BULLETIN City Council Agenda Item Report Submitted by: Sandra Dolson Submitting Department: City Clerk Meeting Date: August 2, 2022 SUBJECT Conduct of Meetings via Teleconference Pursuant to Assembly Bill 361 Recommendation: Ratify the findings in Resolution No. 2021-36 authorizing continued conduct of City Council and all other City legislative body meetings via teleconference, in accordance with Assembly Bill 361 (AB 361), due to continued public health and safety concerns caused by COVID-19. Background: Assembly Bill 361 (AB 361) authorizes local agencies to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act during a declared state of emergency. At a special meeting on October 21, 2021, the City Council adopted Resolution No. 2021-36 authorizing continued conduct of City Council and all other City legislative body meetings via teleconference, in accordance with AB 361, due to continued public health and safety concerns caused by COVID-19. Pursuant to AB 361, it is necessary for the City Council to periodically declare that the City’s legislative bodies must continue to meet remotely to ensure the continued health and safety of the public. The City Council most recently ratified the findings of Resolution No. 2021-36 on June 7, 2022. If the City Council determines the need to conduct meetings remotely still exists, the City Council should ratify the findings in Resolution No. 2021-36. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: 1. Resolution No. 2021-36 RESOLUTION NO. 2021-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON AUTHORIZING CONTINUED CONDUCT OF CITY COUNCIL AND ALL OTHER CITY LEGISLATIVE BODY MEETINGS VIA TELECONFERENCE, IN ACCORDANCE WITH ASSEMBLY BILL 361 (AB 361), DUE TO CONTINUED PUBLIC HEALTH AND SAFETY CONCERNS CAUSED BY COVID-19 SECTION 1. Recitals. A. On March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of COVID-19. B. On March 17, 2020, the City Council adopted Resolution No. 2020-06 ratifying Emergency Proclamation 2020-01, a proclamation of local emergency due to the serious and imminent threat of the Novel Coronavirus (COVID-19). C. Also, on March 17, 2020, Governor Newsom issued Executive Order N-29-20, which suspended certain provisions of the Ralph M. Brown Act to allow local legislative bodies to conduct meetings telephonically or by other means. Additionally, the State implemented a shelter-in-place order, requiring all non-essential personnel to work from home. D. The City Council, Commissions and Committees have utilized remote and hybrid meetings during the state of emergency, ensuring the member's and public's continued access to meetings while ensuring public safety. E. On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which extended the ability of agencies to hold remote meetings through September 30, 2021, after which agencies anticipated transitioning back to public meetings held in full compliance with the Brown Act. F. Since issuing Executive Order N-08-21, the Delta variant emerged, causing a spike in COVID-19 cases throughout the state. G. It is difficult to maintain social distancing requirements for the public, staff, Council Members, Committee Members and Commissioners in their respective meeting locations, therefore, the City of Vernon legislative bodies have utilized a hybrid model of meetings, with some members and the public participating remotely. H. The Proclamation of a State of Emergency issued by Governor Newsom on March 4, 2020 continues to be in effect. Resolution No. 2021-36 Page2of3 I. On September 16, 2021, Governor Newson signed AB 361, allowing local legislative bodies to continue to meet remotely after the September 30, 2021 expiration of the Governor’s executive orders. J. Pursuant to AB 361, it is necessary for the City Council to declare every 30 days that the City’s legislative bodies must continue to meet remotely to ensure the health and safety of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 3. The City Council of the City of Vernon hereby approves the continuation of conducting the City Council and all other City Legislative Body meetings remotely due to continued public health and safety concerns caused by COVID-19. SECTION 4. In compliance with AB 361, and to continue to teleconference without the usual teleconference requirements of the Brown Act, the City Council makes the following findings: a. The City Council has reconsidered the circumstances of the state of emergency; and b. The state of local emergency continues to directly impact the ability of the City Council and all other City Legislative Body meetings, as well as staff and members of the public, from meeting safely in person; and c. Health orders require all individuals in public spaces to maintain social distancing and to wear masks when inside public spaces; however, the City cannot maintain social distancing requirements for the Council Members, Commissioners, Committee Members, staff and public in meeting spaces. SECTION 5. City Council and all other City Legislative Body meetings will continue to be conducted in a hybrid manner including remote and in person participation for the next 30 days in compliance with AB 361, to better ensure the health and safety of the public. SECTION 6. The City Council will reconsider the above findings and the need to conduct meetings remotely within 30 days of the adoption of this resolution. SECTION 7. If the City Council determines the need to conduct meetings remotely still exists at each 30-day interval, the City Council will make such findings by minute order. Resolution No. 2021-36 Page3of3 SECTION 8. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. APPROVED AND ADOPTED this 21st day of October, 2021. MELISSAYBARRA, Mayor ATTEST: LISA POPE, City Clerk seal) APPROVED AS TO FORM: ZAYNAH N. MOUSSA, Interim City Attorney I CERTIFY THAT THE FOREGOING RESOLUTION NO. 2021-36 was passed and adopted by the City Council of the City of Vernon at the Regular meeting on October 21, 2021 by the following vote: AYES: 4 Council Members: Lopez, Merlo, Davis, Ybarra NOES: 0 ABSENT: 1 Council Member: Larios ABSTAIN: 0 LISA POPE, City Clerk seal) City Council Agenda Item Report Submitted by: Efren Peregrina Submitting Department: Finance/Treasury Meeting Date: August 2, 2022 SUBJECT Operating Account Warrant Register Recommendation: Approve Operating Account Warrant Register No. 91, for the period of July 3 through July 16, 2022, totaling $9,100,269.42 and consisting of ratification of electronic payments totaling $8,941,191.72 and ratification of the issuance of early checks totaling $159,077.70. Background: Section 2.32.060 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. 91 covering claims and demands presented during the period of July 3 through July 16, 2022, drawn, or to be drawn, from East West Bank for City Council approval. Fiscal Impact: The fiscal impact of approving Operating Account Warrant Register No. 91, totals $9,100,269.42. The Finance Department has determined that sufficient funds to pay such claims/demands, are available in the respective accounts referenced on Operating Account Warrant Register No. 91. Attachments: 1. Operating Account Warrant Register No. 91 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 91AUGUST 2, 2022I hereby cer. fy that claims and/or demands included in above listed warrantregister have been audited for accuracy and availability of funds for payments andthat said claims and/or demands are accurate and that the funds are available forpayments thereof.____________________________________________________________Sco WilliamsDirector of Finance/City TreasurerDate: _______________________________________________________This is to cerƟfy that the claims or demands covered by the above listed warrantshave been audited by the City Council of the City of Vernon and that all of saidwarrants are approved for payments except Warrant Numbers:________________________________________________________________________________________________________________________Printed: 7/26/2022 2:12:34PM7/27/2022 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 91AUGUST 2, 2022ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1043.590000 $ 5,300.00 Traffic Signal Maintenance15940BEAR ELECTRICAL SOLUTIONS, INC007026 ‐ $ 5,300.0007/06/2022 13195011.1031.596500 $ 15.89 Crisis IntervenƟon & Behavioral Health 062122PATRICK CAM006004 ‐ $ 15.8907/06/2022 13196011.1049.520000 $ 14.85 Small Tools, Plumbing & Building 121382 011.0014915LB JOHNSON HARDWARE CO #1000804 ‐ 011.1046.520000 $ 16.39 Small Tools, Plumbing & Building 121500 011.0014915011.1049.520000 $ 28.45 Small Tools, Plumbing & Building 121501 011.0014915$ 59.6907/06/2022 13197011.1031.596500 $ 23.85 Use of Force 050322MANNINO, NICHOLAS006950 ‐ $ 23.8507/06/2022 13198011.1004.520000 $ 5,000.00 Postage Replenishment 2175NDS006687 ‐ 011.1004.520000 $ 316.96 Postage Replenishment 802360$ 5,316.9607/06/2022 13199011.1031.596500 $ 12.27 Crisis IntervenƟon & Behavioral Health 050922REDONA, BRYAN006628 ‐ $ 12.2707/06/2022 13200011.1031.596500 $ 23.85 Use of Force 050322(2)CARLOS SALDANA006870 ‐ $ 23.8507/06/2022 13201011.1026.594200 $ 6,508.66 TPA Fees 07/22 IVC28644ATHENS INSURANCE SERVICES, INC004303 ‐ $ 6,508.6607/06/2022 13202011.1033.596200 $ 1,275,735.34 Fire Proteco n Services~ C0010487COUNTY OF LOS ANGELES001444 ‐ 011.1033.596200 $ 112,025.47 Fire Proteco n Services~ C0010487011.1033.596200 $ 27,517.60 Fire Proteco n Services~ C0010487$ 1,415,278.4107/06/2022 13203020.1084.500130 $ 27,918.61 Potable & Recycled Water VERMAY22CENTRAL BASIN MWD001401 ‐ $ 27,918.6107/07/2022 13204Printed: 7/26/2022 2:12:34PMPage 1 of 22 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 91AUGUST 2, 2022ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1043.540000 $ 426.23 Uniforms4123997529CINTAS CORPORATION005490 ‐ $ 426.2307/07/2022 13205055.9190.590000 $ 350.00 Air Condio ner Maintenance2089465RUSHER AIR CONDITIONING006637 ‐ $ 350.0007/07/2022 13206011.1041.595200 $ 9,292.10 West‐Side Project Specific Plan1002117THE ARROYO GROUP006975 ‐ $ 9,292.1007/07/2022 13207Printed: 7/26/2022 2:12:34PMPage 2 of 22 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 91AUGUST 2, 2022ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.9200.500150 $ 0.47 Inial Ch arges 06/22202207053155794886CALIFORNIA ISO002412 ‐ 055.9200.450340 $ 132.00 RecalculaƟon Charges 07/21202207053155794886055.9200.500150 $ 0.03 Recalculao n Charges 07/21202207053155794886055.9200.500150 $ 627,725.91 Inial Ch arges 06/22202207053155794904055.9200.500170 $ 64,074.88 Inial Ch arges 06/22202207053155794904055.9200.500190 $ 13,013.22 Inial Ch arges 06/22202207053155794904055.9200.500210 $ 10,069.81 Inial Ch arges 06/22202207053155794904055.9200.500150 $ 4,010.90 RecalculaƟon Charges 09/19202207053155794904055.9200.500170 $ 3.18 Recalculao n Charges 09/19202207053155794904055.9200.500190 $‐105.87 RecalculaƟon Charges 09/19202207053155794904055.9200.500150 $‐7,860.25 RecalculaƟon Charges 03/22202207053155794904055.9200.500190 $‐1,197.06 RecalculaƟon Charges 03/22202207053155794904055.9200.500170 $ 2,092.83 RecalculaƟon Charges 03/22202207053155794904055.9200.500150 $ 15,593.91 RecalculaƟon Charges 07/21202207053155794904055.9200.500170 $ 683.94 RecalculaƟon Charges 07/21202207053155794904055.9200.500180 $ 61.33 RecalculaƟon Charges 07/21202207053155794904055.9200.500190 $ 931.92 RecalculaƟon Charges 07/21202207053155794904$ 729,231.1507/08/2022 13208Printed: 7/26/2022 2:12:34PMPage 3 of 22 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 91AUGUST 2, 2022ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1026.596800 $ 1,420.00 Tuio n Reimbursement063022PATRICK CAM006004 ‐ $ 1,420.0007/08/2022 13209011.1003.550000 $ 90.00 PublicaƟon ServicesB3599135DAILY JOURNAL CORPORATION000947 ‐ 011.1003.550000 $ 90.00 PublicaƟon ServicesB3599257$ 180.0007/08/2022 13210011.9019.590110 $ 476.53 Addio nal PRI Line12315EXTENDED OFFICE SOLUTIONS, INC007353 ‐ $ 476.5307/08/2022 13211011.1049.590000 $ 696.43 UST Compliance Services18742FLEMING ENVIRONMENTAL, INC004438 ‐ $ 696.4307/08/2022 13212055.9200.596200 $ 170.50 Physical Gas622001688006ICE US OTC COMMODITY MARKETS,004500 ‐ 055.9200.596200 $ 1,079.50 OTC Commission Adjustment622001688088$ 1,250.0007/08/2022 13213055.9000.596200 $ 34,888.75 Env Compliance Support ServicesD3404500022JACOBS ENGINEERING GROUP, INC006886 ‐ $ 34,888.7507/08/2022 13214Printed: 7/26/2022 2:12:34PMPage 4 of 22 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 91AUGUST 2, 2022ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.9190.520000 $ 1,531.44 Hardware Supplies~77779932 055.0002929MCMASTER‐CARR SUPPLY COMPANY001150 ‐ 055.9190.520000 $ 66.34 Hardware Supplies~77874305 055.0002929055.9190.520000 $ 458.67 Hardware Supplies~77963736 055.0002929055.9190.520000 $ 158.31 Hardware Supplies~78036048 055.0002929055.9190.520000 $ 251.51 Hardware Supplies~78036651 055.0002929055.9190.520000 $ 67.03 Hardware Supplies~78159805 055.0002929055.9190.520000 $ 796.37 Hardware Supplies~78413738 055.0002929055.9190.520000 $ 257.43 Hardware Supplies~78415481 055.0002929055.9190.520000 $ 160.25 Hardware Supplies~78436769 055.0002929055.9190.520000 $‐286.65 Hardware Supplies~78557297 055.0002929055.9190.520000 $‐172.02 Hardware Supplies~78637628 055.0002929055.9190.520000 $ 859.17 Hardware Supplies~78946600 055.0002929$ 4,147.8507/08/2022 13215011.1031.840000 $ 33,723.86 2022 Ford Ranger XL 4WD SuperCrew~ WF3625011.0015235NATIONAL AUTO FLEET GROUP005632 ‐ 011.1031.840000 $ 8.75 Tire FeeWF3625011.0015235011.1031.840000 $ 984.78 FreightWF3625011.0015235011.1031.840000 $ 3,457.59 Sales Tax 10.25WF3625$ 38,174.9807/08/2022 13216011.1043.590000 $ 20,808.00 Catch Basin Cleaning~497RONS MAINTENANCE, INC005044 ‐ $ 20,808.0007/08/2022 13217Printed: 7/26/2022 2:12:34PMPage 5 of 22 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 91AUGUST 2, 2022ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1049.590000 $ 111.59 Portable Restroom Service~11412171346CALIFORNIA, INC. UNITED SITE S003601 ‐ 011.1049.590000 $ 134.92 Portable Restroom Service~11412370811011.1049.590000 $ 111.59 Portable Restroom Service~11412455239011.1049.590000 $ 111.59 Portable Restroom Service~11412455466011.1049.590000 $ 111.59 Portable Restroom Service~11412492959011.1049.590000 $ 428.58 Portable Restroom Service~11412493545011.1049.590000 $ 111.59 Portable Restroom Service~11412543767011.1049.590000 $ 428.58 Portable Restroom Service~11412589718011.1049.590000 $ 111.59 Portable Restroom Service~11412632930011.1049.590000 $ 745.25 Portable Restroom Service~11412657061011.1049.590000 $ 111.59 Portable Restroom Service~11412712553011.1049.590000 $ 111.59 Portable Restroom Service~11412788373011.1049.590000 $ 2,700.00 Portable Restroom Service~11412884205011.1049.590000 $ 428.58 Portable Restroom Service~11412906436011.1049.590000 $ 111.59 Portable Restroom Service~11412942789011.1049.590000 $ 857.16 Portable Restroom Service~11413077642011.1049.590000 $ 111.59 Portable Restroom Service~11413097589011.1049.590000 $ 857.16 Portable Restroom Service~11413146372011.1049.590000 $ 111.59 Portable Restroom Service~11413169990$ 7,807.7207/08/2022 13218011.1049.596200 $ 102.00 Disposal & Recycling Services26X09470HAUL AWAY RUBBISH SERVICE CO,005350 ‐ 011.1049.596200 $ 1,227.02 Disposal & Recycling Services26X09471011.1048.596200 $ 102.00 Disposal & Recycling Services26X09473011.1049.596200 $ 319.00 Disposal & Recycling Services26X09474011.1049.596200 $ 227.00 Disposal & Recycling Services26X09478$ 1,977.0207/14/2022 13219Printed: 7/26/2022 2:12:34PMPage 6 of 22 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 91AUGUST 2, 2022ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1049.520000 $ 32.84 Small Tools, Plumbing & Building121761011.0014915LB JOHNSON HARDWARE CO #1000804 ‐ 011.1049.520000 $ 32.84 Small Tools, Plumbing & Building121762011.0014915$ 65.6807/14/2022 13220011.1049.590000 $ 3,627.54 Landscape Maintenance 06/2298326MARIPOSA LANDSCAPES, INC006422 ‐ $ 3,627.5407/14/2022 13221011.1031.850000 $ 72,480.24 APX8500 ALL BAND MP MOBILE~1162347179 011.0015095MOTOROLA SOLUTIONS, INC000016 ‐ 011.1031.850000 $ 1,584.00 3 Year EssenƟal Svc1162347179 011.0015095011.1031.850000 $ 7,429.22 Sales Tax 10.251162347179011.1031.850000 $ 7,050.00 P25 KVL 5000 Encrypo n Key Loader~ 1187078437 011.0015095011.1031.850000 $ 722.63 Sales Tax 10.251187078437$ 89,266.0907/14/2022 13222056.5600.590000 $ 420.00 Supplies~158745IN 056.0000662P&F DISTRIBUTORS003332 ‐ 056.5600.590000 $ 36.75 Sales Tax 8.75158745IN056.5600.590000 $ 6.85 Finance ChargeJUL0616FC$ 463.6007/14/2022 13223055.9190.540000 $ 181.33 Uniforms4120613698CINTAS CORPORATION005490 ‐ 056.5600.540000 $ 74.29 Uniforms4120613698020.1084.540000 $ 157.69 Uniforms4120613698055.8000.540000 $ 27.16 Uniforms4120613698055.8100.540000 $ 194.30 Uniforms4120613698011.1043.540000 $ 241.41 Uniforms4124631159$ 876.1807/14/2022 13224011.1048.520000 $ 2,280.24 Ramp~ADI060131 011.0015327ACCESSIBLE CONSTRUCTION006526 ‐ 011.1048.520000 $ 1,550.00 Handrail~ADI060131 011.0015327011.1048.520000 $ 0.01 Ramp~ADI060131 011.0015327011.1048.520000 $ 394.53 Sales Tax 10.25ADI060131$ 4,224.7807/15/2022 13225Printed: 7/26/2022 2:12:34PMPage 7 of 22 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 91AUGUST 2, 2022ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1070.596200 $ 2,063.07 School Crossing Guard Services78303ALL CITY MANAGEMENT SERVICES001490 ‐ $ 2,063.0707/15/2022 13226011.1026.594200 $ 18,500.01 Brokerage & Consuln g Services1843783ALLIANT INSURANCE SERVICES, IN006890 ‐ $ 18,500.0107/15/2022 13227011.1024.593200 $ 291.55 Re: 5122 S. Atlanc Bo ulevard941110BEST BEST & KRIEGER, LLP005506 ‐ $ 291.5507/15/2022 13228055.9200.500150 $ 178.86 Inial Ch arges 12/20202207123155840807CALIFORNIA ISO002412 ‐ 055.9200.500190 $ 0.30 Inial Ch arges 12/20202207123155840807055.9200.500170 $‐590.27 Inial Ch arges 12/20202207123155840807055.9200.500150 $‐5,040.59 RecalculaƟon Charges 09/19202207123155840807055.9200.500180 $‐60.85 RecalculaƟon Charges 09/19202207123155840807055.9200.500190 $‐987.34 RecalculaƟon Charges 09/19202207123155840807055.9200.500170 $ 393.18 RecalculaƟon Charges 09/19202207123155840807055.9200.500150 $ 1,010,249.77 RecalculaƟon Charges 06/22202207123155840807055.9200.500170 $ 62,991.16 RecalculaƟon Charges 06/22202207123155840807055.9200.500190 $ 7,842.72 RecalculaƟon Charges 06/22202207123155840807055.9200.500210 $ 12,288.08 RecalculaƟon Charges 06/22202207123155840807$ 1,087,265.0207/15/2022 13229011.2043.900000 $ 9,025.46 Consuln g Services~801768CNS ENGINEERS, INC003975 ‐ 011.1043.900000 $ 2,256.36 Consuln g Services~801768$ 11,281.8207/15/2022 13230Printed: 7/26/2022 2:12:34PMPage 8 of 22 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 91AUGUST 2, 2022ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE011.1031.570000 $ 547.02 Digital Print Services30163GRAFIX SYSTEMS006660 ‐ $ 547.0207/15/2022 13231011.1026.596500 $ 1,377.00 Tuio n Reimbursement062322RAFAEL LANDA003701 ‐ $ 1,377.0007/15/2022 13232057.1057.500173 $ 2,133.12 Internet Access Services296258329LEVEL 3 COMMUNICATIONS, LLC003053 ‐ $ 2,133.1207/15/2022 13233011.1004.520000 $ 345.30 Postage Replenishment803475NDS006687 ‐ $ 345.3007/15/2022 13234055.9000.596700 $ 30.00 Meals / SCCPA Event ~071122EDWIN OCHOA003902 ‐ $ 30.0007/15/2022 13235055.9000.596200 $ 18,298.00 Resoluo n Billing0722SO CAL PUBLIC POWER AUTHORITY002517 ‐ 055.9200.596200 $ 6,099.46 Resoluo n Billing0722055.9000.596700 $ 1,200.00 Resoluo n Billing0722$ 25,597.4607/15/2022 13236011.1031.540000 $ 300.00 Reserve Officer SƟpend 06/22071222VELASQUEZ, RICHARD000403 ‐ $ 300.0007/15/2022 13238011.1043.520000 $ 642.58 Paving Materials~73249727 011.0014989VULCAN MATERIALS CO001695 ‐ 011.1043.520000 $ 545.74 Paving Materials~73249728 011.0014989011.1043.520000 $ 199.41 Paving Materials~73251910 011.0014989011.1043.520000 $ 539.18 Paving Materials~73314654 011.0014989$ 1,926.9107/15/2022 13239Printed: 7/26/2022 2:12:34PMPage 9 of 22 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 91AUGUST 2, 2022ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE020.1084.500140 $ 1,131.17 Sodium Hypochlorite Soluo n5584789WATERLINE TECHNOLOGIES, INC007110 ‐ 020.1084.500140 $ 207.27 Sodium Hypochlorite Soluo n5586213020.1084.500140 $ 273.60 Sodium Hypochlorite Soluo n5586214020.1084.500140 $ 248.72 Sodium Hypochlorite Soluo n5586215020.1084.500140 $ 132.65 Sodium Hypochlorite Soluo n5586217020.1084.500140 $ 373.09 Sodium Hypochlorite Soluo n5586218020.1084.500140 $ 207.27 Sodium Hypochlorite Soluo n5588827020.1084.500140 $ 207.27 Sodium Hypochlorite Soluo n5588828020.1084.500140 $ 248.72 Sodium Hypochlorite Soluo n5588829020.1084.520000 $ 207.27 Sodium Hypochlorite Soluo n5588830020.1084.500140 $ 207.27 Sodium Hypochlorite Soluo n5588831020.1084.500140 $ 207.27 Sodium Hypochlorite Soluo n5588832020.1084.500140 $ 273.60 Sodium Hypochlorite Soluo n5588835020.1084.500140 $ 207.27 Sodium Hypochlorite Soluo n5590728$ 4,132.4407/15/2022 13240056.5600.520000 $ 2,828.66 Equipment Parts and Materials34620900GLOBAL TEST SUPPLY, LLC007400 ‐ 056.5600.520000 $‐2,698.08 Equipment Parts and Materials34809400056.5600.520000 $ 2,325.17 Equipment Parts and Materials34825300$ 2,455.7507/15/2022 13241055.9100.900000 $ 567,613.42 Electric Service Maintenance 06/22 220208PETRELLI ELECTRIC, INC003049 ‐ 057.1057.900000 $ 9,467.48 Electric Service Maintenance 06/22 220208055.8300.590000 $ 2,311,748.50 Electric Service Maintenance 06/22 220208055.8000.590000 $ 27,413.50 Electric Service Maintenance 06/22 220208057.1057.590000 $ 1,845.44 Electric Service Maintenance 06/22 220208020.1084.900000 $ 13,055.68 Electric Service Maintenance 06/22 220208055.9100.900000 $ 646,700.52 Bond Projects220208055.200400 $ 1,728,237.56 Data Center #1 Labor & Equipment 220208055.200400 $ 6,459.04 Data Center #2 Labor & Equipment 220208$ 5,312,541.1407/15/2022 13242Printed: 7/26/2022 2:12:34PMPage 10 of 22 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 91AUGUST 2, 2022ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE055.8100.900000 $ 50,995.00 NEW 2021 RAM 3500 SERVICE TRUCK~ RM212977 055.0002996RUSSELL WESTBROOK CDJR007062 ‐ 055.8100.900000 $ 85.00 DOCUMENT PROCESSING CHARGE RM212977 055.0002996055.8100.900000 $ 1,495.00 THEFT PATROL RM212977 055.0002996055.8100.900000 $ 995.00 JM&A ETCH RM212977 055.0002996055.8100.900000 $ 31.00 ELECTRONIC VEHICLE REGISTRATION RM212977 055.0002996055.8100.900000 $ 348.00 VEHICLE LICENSE FEES (ESTIMATED) RM212977 055.0002996055.8100.900000 $ 552.00 REGISTRATION / TRANSFER / TILLING FEES RM212977 055.0002996055.8100.900000 $ 10.50 CALIFORNIA TIRE FEES RM212977 055.0002996055.8100.900000 $ 332.00 SPECIAL INTEREST LICENSE PLATE FEE RM212977 055.0002996055.8100.900000 $‐1,000.00 REBATE RM212977 055.0002996055.8100.900000 $ 5,388.94 Sales Tax 10.25 RM212977$ 59,232.4407/14/2022 13243011.1031.520000 $ 305.84 Office Supplies 241729152001OFFICE DEPOT002190 ‐ 011.1026.520000 $ 46.10 Office Supplies 245068221001011.1026.520000 $ 41.88 Office Supplies 245075566001011.1031.520000 $ 463.63 Office Supplies 248496590001011.1031.520000 $ 50.21 Office Supplies 248532836001$ 907.6607/13/2022 13244011.1041.520000 $ 36.00 Period: 06/22 933312252(2)UPS001617 ‐ 011.1041.520000 $ 81.04 Period: 06/22 933312262(2)011.1041.520000 $ 38.15 Period: 07/22 933312272(2)$ 155.1907/13/2022 13245TOTAL ELECTRONIC$ 8,941,191.72Printed: 7/26/2022 2:12:34PMPage 11 of 22 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 91AUGUST 2, 2022EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.9019.520010 $ 2,508.00 Professional Plan ~2804011.0015328ACTIVECAMPAIGN, LLC007398 ‐ $ 2,508.0007/07/2022 609443011.9019.560010 $ 834.26 Period: 03/20/21 ‐ 04/19/21042022(2)AT&T001948 ‐ $ 834.2607/07/2022 609444055.9200.560010 $ 152.00 Period: 03/19/22 ‐ 04/18/222688469608AT&T001948 ‐ $ 152.0007/07/2022 609445011.1046.520000 $ 557.27 Vehicle BaƩeries~7722922 011.0014856BATTERY SYSTEMS, INC004448 ‐ 011.1046.520000 $ 118.88 Vehicle BaƩeries~7733462 011.0014856011.1046.520000 $ 333.67 Vehicle BaƩeries~7741226 011.0014856$ 1,009.8207/07/2022 609446011.1031.570000 $ 100.00 Vehicle Repairs4543BLACK & WHITE EMERGENCY VEHICL005366 ‐ $ 100.0007/07/2022 609447011.240010 $ 120.00 4th Qtr FY 21/22 Surcharge Transmi al 070522SECRETARY FOR ENV. PROTECTION003037 ‐ 011.240020 $ 4,398.00 4th Qtr FY 21/22 Surcharge Transmi al 070522$ 4,518.0007/07/2022 609448011.1046.520000 $ 45.75 Auto Parts~75377011.0014857CAMINO REAL CHEVROLET000818 ‐ 011.1046.520000 $ 302.83 Auto Parts~75519011.0014857$ 348.5807/07/2022 609449011.1046.520000 $ 10.32 Auto Parts~391011011.0014859CENTRAL FORD004163 ‐ 011.1046.520000 $ 94.33 Auto Parts~391116011.0014859$ 104.6507/07/2022 609450011.1046.520000 $ 330.68 Auto Parts~109777817 011.0014862FACTORY MOTOR PARTS006696 ‐ 011.1046.520000 $ 1,166.16 Auto Parts~124714147 011.0014862011.1046.520000 $ 1,116.80 Auto Parts~167111314 011.0014862$ 2,613.6407/07/2022 609451Printed: 7/26/2022 2:12:34PMPage 12 of 22 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 91AUGUST 2, 2022EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1049.520000 $ 216.00 Filter~121300IN 011.0015265FLORENCE FILTER CORPORATION003489 ‐ 011.1049.520000 $ 78.00 Filter~121300IN 011.0015265011.1049.520000 $ 156.00 Filter~121300IN 011.0015265011.1049.520000 $ 110.21 Freight121300IN 011.0015265011.1049.520000 $ 46.14 Sales Tax 10.25121300IN$ 606.3507/07/2022 609452011.1046.520000 $ 114.09 Auto Parts & Accessories~146576011.0014858GARVEY EQUIPMENT COMPANY000399 ‐ $ 114.0907/07/2022 609453011.1049.520000 $ 254.96 Building Hardware~9338366314 011.0014914GRAINGER, CO001712 ‐ 011.1049.520000 $ 630.79 Building Hardware~9346584346 011.0014914$ 885.7507/07/2022 609454011.1004.502030 $ 500.00 Employer ContribuƟon 07/01/22062322(2)HSA BANK004239 ‐ 011.1060.502030 $ 500.00 Employer ContribuƟon 07/01/22062322(2)$ 1,000.0007/07/2022 609455011.1060.502030 $ 250.00 Employer ContribuƟon 06/01/22~ 062322HSA BANK004239 ‐ $ 250.0007/07/2022 609456011.1043.520000 $ 3,762.00 Orange Cones~113787011.0015295JCL TRAFFIC SERVICES005093 ‐ 011.1043.520000 $ 62.88 Finance Charge113787011.0015295011.1043.520000 $ 40.00 Freight113787011.0015295011.1043.520000 $ 389.71 Sales Tax 10.25113787$ 4,254.5907/07/2022 609457011.1043.596200 $ 850.00 Graffi R emoval27609KC POWER CLEAN INC007394 ‐ 011.1043.596200 $ 9,000.00 Graffi R emoval27625$ 9,850.0007/07/2022 609458Printed: 7/26/2022 2:12:34PMPage 13 of 22 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 91AUGUST 2, 2022EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1046.520000 $ 253.60 Tires, Accessories & Repairs~21891011.0014863LOPEZ & LOPEZ TIRE SERVICE003908 ‐ 011.1046.520000 $ 532.60 Tires, Accessories & Repairs~5795011.0014863011.1046.520000 $ 386.75 Tires, Accessories & Repairs~5800011.0014863011.1046.520000 $ 649.55 Tires, Accessories & Repairs~5855011.0014863011.1046.520000 $ 45.00 Tires, Accessories & Repairs~5905011.0014863011.1046.520000 $ 122.20 Tires, Accessories & Repairs~5907011.0014863$ 1,989.7007/07/2022 609459055.9190.520000 $ 6,265.67 Parts & Supplies~66392055.0002937MITECH CONTROLS002316 ‐ 055.9190.520000 $ 425.33 Parts & Supplies~66420055.0002937$ 6,691.0007/07/2022 609460011.1046.520000 $ 74.85 Auto Parts & Accessories~141768011.0014864NAPA AUTO PARTS000309 ‐ 011.1046.520000 $ 104.99 Auto Parts & Accessories~142015011.0014864011.1046.520000 $ 24.02 Auto Parts & Accessories~142235011.0014864011.1046.520000 $ 166.48 Auto Parts & Accessories~142862011.0014864011.1046.520000 $ 51.36 Auto Parts & Accessories~143015011.0014864011.1046.520000 $ 51.36 Auto Parts & Accessories~143016011.0014864011.1046.520000 $ 205.90 Auto Parts & Accessories~143196011.0014864011.1046.520000 $‐205.90 Auto Parts & Accessories~143252011.0014864011.1046.520000 $ 251.85 Auto Parts & Accessories~143465011.0014864011.1046.520000 $ 78.97 Auto Parts & Accessories~143621011.0014864011.1046.520000 $ 180.98 Auto Parts & Accessories~144727011.0014864$ 984.8607/07/2022 609461011.1046.520000 $ 18.64 Auto Parts & Accessories~3049406410 011.0014860O'REILLY AUTO PARTS005934 ‐ 011.1046.520000 $ 107.38 Auto Parts & Accessories~3049409868 011.0014860011.1046.520000 $‐106.65 Auto Parts & Accessories~3049409869 011.0014860011.1046.520000 $ 106.65 Auto Parts & Accessories~3049410131 011.0014860011.1046.520000 $ 24.06 Auto Parts & Accessories~3049410985 011.0014860$ 150.0807/07/2022 609462Printed: 7/26/2022 2:12:34PMPage 14 of 22 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 91AUGUST 2, 2022EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1031.596500 $ 238.48 Supervisory Course062022OURIQUE, CARLOS003782 ‐ $ 238.4807/07/2022 609463011.1046.520000 $ 175.00 Materials Parts & Supplies28274011.0015254PACIFIC COMMERCIAL TRUCK BODY,004111 ‐ 011.1046.590000 $ 920.00 Labor ~28274011.0015254011.1046.520000 $ 17.94 Sales Tax 10.2528274$ 1,112.9407/07/2022 609464011.1026.502030 $ 903.21 Employee Assistance Program~23400114PRISM007278 ‐ $ 903.2107/07/2022 609465055.9100.596200 $ 2,938.67 Filter Supplies~76359055.0002932PURE PROCESS FILTRATION, INC007252 ‐ 055.9190.500230 $ 3,905.14 Filter Supplies~76565055.0002932$ 6,843.8107/07/2022 609466011.1046.590000 $ 1,012.50 Car Wash Services296405QUALIFIED MOBILE, INC006612 ‐ $ 1,012.5007/07/2022 609467055.9190.500230 $ 176.30 Drinking Water Service12A0030673719READYREFRESH007332 ‐ 055.9190.500230 $ 653.74 Drinking Water Service12B0030673719055.9190.500230 $ 265.97 Drinking Water Service12C0030673719055.9190.500230 $ 81.38 Drinking Water Service12D0030673719055.9190.500230 $ 3.00 Drinking Water Service22D0030673719$ 1,180.3907/07/2022 609468011.1031.596700 $ 228.00 Registrao n / C. Ourique062022RIO HONDO COLLEGE000805 ‐ $ 228.0007/07/2022 609469011.1026.596200 $ 2,297.43 WRIB Membership Renewal~060922SAN BERNARDINO COUNTY005577 ‐ $ 2,297.4307/07/2022 609470011.1026.597000 $ 400.00 Psychological Evaluao ns2203173SUSAN SAXE‐CLIFFORD, PH.D.001159 ‐ $ 400.0007/07/2022 609471Printed: 7/26/2022 2:12:34PMPage 15 of 22 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 91AUGUST 2, 2022EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE055.9190.590000 $ 19,700.00 Installed Insulao n on Generators323920295TDE007294 ‐ 055.9190.590000 $ 14,455.00 Repairs on Generators325320328$ 34,155.0007/07/2022 609472011.1024.596600 $ 237.35 Sow are Subscripo n Charges846288154THOMSON REUTERS ‐ WEST000141 ‐ $ 237.3507/07/2022 609473011.1046.520000 $ 952.18 Tires27699741TIREHUB, LLC006371 ‐ 011.1046.520000 $ 1,332.72 Tires~27755435 011.0015252011.1046.590000 $ 10.50 California Tire Fee27755435 011.0015252011.1046.520000 $ 126.61 Sales Tax 9.5%27755435011.1046.520000 $‐952.18 Tires27755479$ 1,469.8307/07/2022 609474011.1049.520000 $ 794.83 Equipment & Tool Rental207106775001UNITED RENTALS (NORTH AMERICA)000883 ‐ $ 794.8307/07/2022 609475055.9000.560010 $ 929.77 Period: 03/24/22 ‐ 04/23/229904955869VERIZON WIRELESS001481 ‐ $ 929.7707/07/2022 609476011.1049.520000 $ 469.10 Replacement MotorLSI62393AAA ELECTRIC MOTOR SALES000122 ‐ $ 469.1007/14/2022 609477011.1049.590000 $ 10,656.18 Janitorial Services 06/2212960527ALLIED UNIVERSAL JANITORIAL SE007276 ‐ 011.1049.590000 $ 4,512.74 Janitorial Day Porter Service 06/22 12960528$ 15,168.9207/14/2022 609478011.1046.520000 $ 1,575.00 Lights~3019101 011.0015255BENNETT‐BOWEN & LIGHTHOUSE001752 ‐ 011.1046.520000 $ 311.00 Switch Controller~3019101 011.0015255011.1046.520000 $ 193.32 Sales Tax 10.253019101011.1046.520000 $ 1,381.60 LED Lights3019277$ 3,460.9207/14/2022 609479Printed: 7/26/2022 2:12:34PMPage 16 of 22 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 91AUGUST 2, 2022EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1060.410240 $ 1,930.00 Overpayment Refund~071222CALIFORNIA WATER SERVICE CO.000778 ‐ $ 1,930.0007/14/2022 609480011.1043.540000 $ 5.38 First Aid Kit Restock5103628736CINTAS CORPORATION005490 ‐ 011.1047.540000 $ 63.10 First Aid Kit Restock5114089097$ 68.4807/14/2022 609481011.1049.590000 $ 4,948.88 Heavy Sliding Gate20341COMMERCIAL DOOR OF LOS ANGELES000331 ‐ $ 4,948.8807/14/2022 609482011.1049.520000 $ 172.94 Supplies & Refill Cylinders ~645180011.0014897CRAIG WELDING SUPPLY, CO000310 ‐ $ 172.9407/14/2022 609483011.1031.594200 $ 309.69 Parking Citao n Processing Service 140170DATA TICKET, INC006191 ‐ $ 309.6907/14/2022 609484020.1084.900000 $ 3,500.00 Citao n~070722DEPT OF INDUSTRIAL RELATIONS003216 ‐ $ 3,500.0007/14/2022 609485011.1046.590000 $ 662.50 Hazardous Waste Management Services 2206206EXPRESS OIL CO000414 ‐ 011.1046.590000 $ 150.00 Waste Oil Service Charge2207016 011.0015237011.1046.590000 $ 94.50 Waste Oil Disposal2207016 011.0015237011.1046.590000 $ 30.00 EPA E‐Manifest Fee2207016 011.0015237011.1046.590000 $ 50.00 Waste An F reeze2207016 011.0015237$ 987.0007/14/2022 609486011.1046.590000 $ 85.00 Opacity Test4840FLEETCREW, INC006925 ‐ 011.1046.590000 $ 135.00 Opacity Test4841011.1046.590000 $ 85.00 Opacity Test4842011.1046.590000 $ 85.00 Opacity Test4843$ 390.0007/14/2022 609487011.1046.590000 $ 750.50 GPS ProPlus Plan310416GEOTAB USA, INC007107 ‐ $ 750.5007/14/2022 609488Printed: 7/26/2022 2:12:34PMPage 17 of 22 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 91AUGUST 2, 2022EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE055.9000.550000 $ 4,900.00 Design~4301055.0002952GOLIATH GRAFFIX, LLC007351 ‐ $ 4,900.0007/14/2022 609489011.1049.520000 $ 347.86 Building Hardware~9358700459 011.0014914GRAINGER, CO001712 ‐ 011.1049.520000 $ 173.93 Building Hardware~9360866710 011.0014914011.1049.520000 $ 210.24 Building Hardware~9363086274 011.0014914$ 732.0307/14/2022 609490011.1046.520000 $ 145.00 Drivers Door Window~WOI0505163 011.0015276GTO AUTO GLASS004035 ‐ 011.1046.590000 $ 65.00 Labor to Replace WindowWOI0505163 011.0015276011.1046.520000 $ 13.78 Sales Tax 9.5%WOI0505163$ 223.7807/14/2022 609491055.8000.590000 $ 974.40 Short Padlock ~30007574 055.0002949INNER‐TITE CORP.001208 ‐ 055.8000.590000 $ 980.00 Barrel Lock~30007574 055.0002949055.8000.590000 $ 395.00 Lock Assembly~30007574 055.0002949055.8000.590000 $ 373.00 Lock Assembly~30007574 055.0002949055.8000.590000 $ 369.00 Lock Assembly~30007574 055.0002949055.8000.590000 $ 347.00 Lock Assembly~30007574 055.0002949055.8000.590000 $ 147.49 Freight30007574 055.0002949055.8000.590000 $ 352.44 Sales Tax 10.2530007574$ 3,938.3307/14/2022 609492055.9190.590000 $ 4,404.96 Seal Repair~22A100052 055.0002953JOHN CRANE INC007355 ‐ 055.9190.590000 $ 451.51 Sales Tax 10.2522A100052$ 4,856.4707/14/2022 609493011.1031.594200 $ 174.44 Interpretao n Services10574271LANGUAGE LINE SERVICES, INC003272 ‐ $ 174.4407/14/2022 609494Printed: 7/26/2022 2:12:34PMPage 18 of 22 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 91AUGUST 2, 2022EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE055.9190.596200 $ 1,768.00O‐Ring Set~4053194 011.0015152M&C TECHGROUP NORTH AMERICA007293 ‐ 055.9190.596200 $ 125.20 Flowmeter~4053194 011.0015152055.9190.596200 $ 2,000.00 Valve~4053194 011.0015152055.9190.596200 $ 1,463.00 Flowmeter~4053194 011.0015152055.9190.596200 $ 526.00 Rotameter~4053194 011.0015152055.9190.596200 $ 118.00 Valve~4053194 011.0015152055.9190.596200 $ 13.70 Connector~4053194 011.0015152055.9190.596200 $ 11.00 Supplies~4053194 011.0015152055.9190.596200 $ 60.00 Freight4053194055.9190.596200 $ 617.55 Sales Tax 10.254053194$ 6,702.4507/14/2022 609495011.1031.570000 $ 160.00 Car & Truck Wash Services~1201011.0014948MAYWOOD CAR WASH000870 ‐ $ 160.0007/14/2022 609496011.1026.520000 $ 26.50 Ladies Polo1027844 011.0015207NEW CHEF FASHION, INC004539 ‐ 011.1026.520000 $ 27.68 Mens Twill Shirt1027844 011.0015207011.1026.520000 $ 20.48 Mens CoƩon Polo1027844 011.0015207011.1026.520000 $ 182.80 Ladies 3/4 Sleeve Shirt1027844 011.0015207011.1026.520000 $ 45.70 Ladies Pinpoint Oxford Shirt1027844 011.0015207011.1026.520000 $ 20.48 Ladies Carefree Poplin Shirt~1027844 011.0015207011.1026.520000 $ 33.17 Sales Tax 10.251027844011.1026.520000 $ 26.50 Ladies Polo1028629 011.0015207011.1026.520000 $ 45.70 Ladies 3/4 Sleeve Shirt1028629 011.0015207011.1026.520000 $ 7.40 Sales Tax 10.251028629011.1026.520000 $ 45.70 Ladies Pinpoint Oxford Shirt1032552 011.0015207011.1026.520000 $ 4.68 Sales Tax 10.251032552$ 486.7907/14/2022 609497Printed: 7/26/2022 2:12:34PMPage 19 of 22 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 91AUGUST 2, 2022EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.1046.520000 $ 195.00 Materials~28320011.0015279PACIFIC COMMERCIAL TRUCK BODY,004111 ‐ 011.1046.590000 $ 280.00 Install New Crane Boom Rest28320011.0015279011.1046.520000 $ 19.99 Sales Tax 10.2528320$ 494.9907/14/2022 609498011.9019.560010 $ 693.94 Communicao n Services43014988POWERNET007367 ‐ 011.9019.560010 $ 618.54 Communicao n Services43051761$ 1,312.4807/14/2022 609499011.1046.520000 $ 440.00 Top Light~PC810953615 011.0015277QUINN COMPANY001457 ‐ 011.1046.520000 $ 41.80 Sales Tax 9.5%PC810953615011.1046.520000 $ 14.70 FreightPC810953616 011.0015277$ 496.5007/14/2022 609500011.1031.596700 $ 208.00 Use of Force / N. Mannino050322RIO HONDO COLLEGE000805 ‐ 011.1031.596700 $ 208.00 Use of Force / C. Saldana050322(2)$ 416.0007/14/2022 609501011.1048.590000 $ 69.00 Pest Control 06/22~419629833TERMINIX COMMERCIAL006985 ‐ 011.1049.590000 $ 142.00 Pest Control 06/22~422043836$ 211.0007/14/2022 609502011.1024.596600 $ 237.35 Sow are Subscripo n Charges846610601THOMSON REUTERS ‐ WEST000141 ‐ $ 237.3507/14/2022 609503011.1049.590000 $ 669.00 Elevator Service & Maintenance3006671725THYSSENKRUPP ELEVATOR CORPORAT006132 ‐ $ 669.0007/14/2022 609504011.1060.595200 $ 956.25 Environmental RemediaƟon Services 06/22 1345371SESPE CONSULTING, INC006997 ‐ $ 956.2507/14/2022 609505Printed: 7/26/2022 2:12:34PMPage 20 of 22 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 91AUGUST 2, 2022EARLY CHECKSVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTCHECKNUMBERPAYMENTDATE011.9019.590110 $ 1,918.50 Cyber Breach Coach462901WOOD SMITH HENNING & BERMAN007366 ‐ 011.9019.590110 $ 2,016.00 Cyber Breach Coach467831011.9019.590110 $ 1,709.00 Cyber Breach Coach472157011.9019.590110 $ 2,351.00 Cyber Breach Coach477267011.9019.590110 $ 1,190.00 Cyber Breach Coach481141$ 9,184.5007/14/2022 609506TOTAL EARLY CHECKS$ 159,077.70Printed: 7/26/2022 2:12:34PMPage 21 of 22 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 91AUGUST 2, 2022RECAP BY FUNDFUNDELECTRONIC TOTALEARLY CHECK TOTALWARRANT TOTALGRAND TOTALS$ 1,648,919.62$ 1,734,148.10$0.00$ 85,228.48011 ‐ GENERAL45,264.4248,764.420.003,500.00020 ‐ WATER7,230,568.007,300,917.220.0070,349.22055 ‐ LIGHT & POWER2,993.642,993.640.000.00056 ‐ NATURAL GAS13,446.0413,446.040.000.00057 ‐ FIBER OPTICGRAND TOTAL$9,100,269.42$0.00$159,077.70$8,941,191.72TOTAL CHECKS TO BE PRINTED 0Printed: 7/26/2022 2:12:34PMPage 22 of 22 City Council Agenda Item Report Submitted by: Efren Peregrina Submitting Department: Finance/Treasury Meeting Date: August 2, 2022 SUBJECT Redevelopment Agency Obligation Retirement Account Warrant Register Recommendation: Approve Redevelopment Agency Obligation Retirement Account Warrant Register No. 65, for the period of April 17 through July 16, 2022 and consisting of ratification of electronic payments totaling $8,000.00. Background: Section 2.32.060 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 Redevelopment Agency Obligation Retirement Account Warrant Register No. 65 covering claims and demands presented during the period of April 17 through July 16, 2022, drawn, or to be drawn, from East West Bank for City Council approval. Fiscal Impact: The fiscal impact of approving Redevelopment Agency Obligation Retirement Account Warrant Register No. 65, totals $8,000.00. The Finance Department has determined that sufficient funds to pay such claims/demands, are available in the respective accounts referenced on RDA Obligation Retirement Account Warrant Register No. 65. Attachments: 1. Redevelopment Agency Obligation Retirement Account Warrant Register No. 65 CITY OF VERNONRDA OBLIGATION RETIREMENT ACCOUNTWARRANT REGISTER NO. 65AUGUST 2, 2022I hereby cer. fy that claims and/or demands included in above listed warrantregister have been audited for accuracy and availability of funds for payments andthat said claims and/or demands are accurate and that the funds are available forpayments thereof.____________________________________________________________Sco WilliamsDirector of Finance/City TreasurerDate: _______________________________________________________This is to cerƟfy that the claims or demands covered by the above listed warrantshave been audited by the City Council of the City of Vernon and that all of saidwarrants are approved for payments except Warrant Numbers:________________________________________________________________________________________________________________________Printed: 7/26/2022 2:01:51PM7/27/2022 CITY OF VERNONRDA OBLIGATION RETIREMENT ACCOUNTWARRANT REGISTER NO. 65AUGUST 2, 2022ELECTRONICVENDOR NAME AND NUMBERACCOUNTNUMBERINVOICEAMOUNTDESCRIPTIONINVOICEP.O.#PAYMENTAMOUNTPAYMENTNUMBERPAYMENTDATE022.1022.594200 $ 8,000.00 Administrao n & Audit ConfirmaƟon Fees 2522479120BANK OF NEW YORK MELLON002533 ‐ $ 8,000.0006/30/2022 48TOTAL ELECTRONIC$ 8,000.00Printed: 7/26/2022 2:01:51PMPage 1 of 2 CITY OF VERNONRDA OBLIGATION RETIREMENT ACCOUNTWARRANT REGISTER NO. 65AUGUST 2, 2022RECAP BY FUNDFUNDELECTRONIC TOTALEARLY CHECK TOTALWARRANT TOTALGRAND TOTALS$8,000.00$8,000.00$0.00$0.00022 ‐ VERNON REDEVELOPMENT AGENCYGRAND TOTAL$8,000.00$0.00$0.00$8,000.00TOTAL CHECKS TO BE PRINTED 0Printed: 7/26/2022 2:01:51PMPage 2 of 2 City Council Agenda Item Report Submitted by: Cynthia Cano Submitting Department: Public Works Meeting Date: August 2, 2022 SUBJECT Public Works Department Monthly Report Recommendation: Receive and file the June 2022 Building Report. Background: The attached building report consists of total issued permits, major projects, demolition permits, new building permits and certificate of occupancy status reports for the month of June 2022. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: 1. Public Works Department June 2022 Building Report Construction Value Number of Permits Year to Date Value Year to Date Permits Construction Value Number of Permits Year to Date Value Year to Date Permits Permit Difference Valuation Difference January 4,464,611$ 62 4,464,611$ 62 1,813,324$ 29 1,813,324$ 29 -53%-59% February 5,711,149$ 45 10,175,760$ 107 2,895,873$ 31 4,709,197$ 60 -44%-54% March 1,966,225$ 43 12,141,985$ 150 4,291,667$ 42 9,000,864$ 102 -32%-26% April 4,257,030$ 57 16,399,015$ 207 5,714,278$ 37 14,715,141$ 139 -33%-10% May 9,312,090$ 51 25,711,105$ 258 14,819,034$ 31 29,534,176$ 170 -34%15% June 3,826,680$ 59 29,537,785$ 317 4,717,348$ 40 34,251,524$ 210 -34%16% July August September October November December 2021 2022 Year to Date Monthly Report Summary City of Vernon Building Division 0 10 20 30 40 50 60 70 $- $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 $16,000,000 Monthly 2021 Construction Value 2022 Construction Value 2021 Number of Permits 2022 Number of Permits 0 50 100 150 200 250 300 350 $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 $35,000,000 $40,000,000 Year to Date 2021 Year to Date Value 2022 Year to Date Value 2021 Year to Date Permits 2022 Year to Date Permits Value 11 1 4 2 8 6 8 40 210 59 317 PREVIOUS MONTHS TOTAL PRIOR YEAR TO DATE TOTAL $3,826,680.00 $25,711,105.00 258 $29,537,785.00 PREVIOUS MONTHS TOTAL $29,534,175.80 170 YEAR TO DATE TOTAL $34,251,523.50 June 2021 TOTALS PERMITS: Plumbing $60,000.00 Roof $1,675,363.00 June 2022 TOTALS PERMITS:$4,717,347.68 Industrial - Remodel $240,000.00 Mechanical $630,000.00 Miscellaneous $707,765.84 City of Vernon Building Department Monthly Report from 6/1/2022 to 6/30/2022 Type # of Permits Electrical $939,218.84 Industrial - Addition $465,000.00 None City of Vernon Building Department New Buildings Report - June 2022 None City of Vernon Building Department Demolition Report - June 2022 Tenant Description Job Value 2 Record(s)$630,000.00 Miscellaneous B-2022-5284 2900 44TH ST Structured repair to roof structure, truss 100000 APN 6303014014 B-2022-5322 4625 DISTRICT AVE Spec New HVAC ducting / no HVAC units 30000 APN 6304020035 3 Record(s)$235,000.00 Mechanical B-2022-5303 3220 26TH ST Installation of two new LX-250N low NOx Miura boilers and demolition of existing firetube boiler 600000 APN 6303002025 B-2022-5324 4625 DISTRICT BLVD Spec 3 new offices, new walls, paint, new T-bar aprox 500 sf 100000 APN 6304020035 6302019022 B-2022-5264 5383 ALCOA AVE Office remodeling for second floor.55000 APN 6310008016 1 Record(s)$465,000.00 Industrial - Remodel B-2021-4627 2425 38TH ST First Hydro Modification to existing building. fence installation, retail cabinets 80000 APN 6 Record(s)$891,234.84 Industrial - Addition B-2022-5410 4906 ALCOA AVE New mezzanine addition, new demising walls, new driveway opening (Reminder to change this permit to INDUSTRIAL ADDITION after all fees are paid on this permit per Pepe) 6,543 + 4,457 = 11,000 sf. 465000 APN 6303026010 B-2022-5323 4625 DISTRICT BLVD Spec Replace light fixtures with new LED new receptacles 50000 APN 6304020035 B-2022-5252 2550 25TH ST Roof mount solar AC/DC 160.00kW/202.350kW, 426 modules, 2 inverters 146515.84 APN 5168025028 B-2022-5376 2709 37TH ST new lighting system for new parking lot 85000 APN 6302002031 B-2022-5396 5215 BOYLE AVE Large sorter power feed-10600 A @480v, 3ph. Confirmed with Petrelli Electric point of connection 561719 APN 6310009025 24000 APN 5169034019 B-2022-5379 3285 26TH ST (4) new EV chargers plus new 200A meter/main combo 24000 APN 5169033018 City of Vernon Building Department Major Projects from 6/1/2022 to 6/30/2022 Valuations > 20,000 Permit No.Project Address Electrical B-2022-5378 3305 26TH ST (4) new EV chargers plus new 200A meter/ main combo 7 Record(s)$1,655,363.00 26 Permit(s)Total $4,608,113.68 B-2022-5386 4824 SANTA FE AVE Reroof back building 399000 APN 6308007012 B-2022-5415 2250 52ND ST Install title 24 compliant white roof coating on 35,400 square feet on industrial building using 6 gallons emulsion. 1 ply polyester and 3 gallons of tropical 19 white roof coating 106500 APN 6308016048 B-2022-5401 6011 MALBURG WAY New coating system WC 1P XE over BUR, replace existing skylights at same locations 172000 APN 6310027045 B-2022-5394 4600 DISTRICT BLVD Coating project of 374 squares on top of existing roof install, apply sprayed 7 layer of tropical basse acrylic roof coating 112777 APN 6304019023 B-2022-5380 4900 SOTO ST Install title 24 complaint tropical silicone coating system on existing roof on commercial building of approx 99,600 square feet. Prep work with tropical #9400 silicone mastic. Apply 2.5 gallons per 100 sq. ft. of tropical #924 silicone coating. 435000 APN 6303023008 5168025032 B-2022-5400 6133 MALBURG WAY New coating system WC-1P-XE over existing BUR roof, replace existing skylights same type same locations 254000 APN 6310027041 6304020035 1 Record(s)$30,000.00 Roof B-2022-5420 2570 25TH ST Perfom roof maintenance with polyester fabric embedded in asphalt emulsion. Recoat with cool roof acrylic surfacing, no tear off (approximately 440 squares). ICC ESR #2871. CRRC #0656-0001. UL #TGFU: R11321 176086 APN 6 Record(s)$701,515.84 Plumbing B-2022-5321 4625 DISTRICT BLVD Spec Replace exising fixtures with new 30000 APN B-2021-4646 2100 55TH ST Solar Photovoltaic Rooftop Solar 573.75 kW DC - 480 kW AC 100000 APN 6308017042 B-2022-5226 4525 DISTRICT BLVD Foundation for 4 new silos 300000 APN 6304020021 B-2022-5207 5503 BOYLE AVE Under AB2421 install a backup power generator as per plans for existing carrier to support both existing and future wireless equipment. 25000 APN 6310011001 B-2022-5361 2306 38TH ST Demo lean to frame new fire rated door 30000 APN 6302015014 B-2022-5253 2550 25TH ST Roof mount solar AC/DC 160.00kW/202.350kW, 426 modules, 2 inverters 146515.84 APN 5168025028 521,454.00 Total Fees 10,149.0014Permits(s) 1 APN 6304018022 14 Record(s) Total for Certificate of Occupancy:10,149.00 1,207.00 200000 APN 6314033002 C-2022-1914 4668 48TH ST Instanpro, Inc Cold storage of food items 385.00 1000 APN 6308002014 C-2022-1923 3030 ATLANTIC BLVD 99 Cents Only Stores, LLC Warehouse general merchandise C-2022-1922 4601 SOTO ST NS Import & Export Fabric Storage 385.00 4400 C-2022-1921 4440 26TH ST Los Angeles County Museum of Natural History Foundation Storage of and research on historical and scientific artifacts 0.00 70794 APN 5243018010 C-2022-1920 2341 49TH ST LA Fashion Mfg. a California Garment manufacturing 385.00 5000 APN 6308015044 C-2022-1919 4368 DISTRICT BLVD ANB Apparel Inc. DBA A. Peach Office and warehouse for clothing 885.00 24000 APN 6304024002 C-2022-1918 3278 26TH ST Westgate MFG.Storage of containers of light fixtures 885.00 30000 APN 6303002021 C-2022-1917 4767 49TH ST Freshlunches, Inc. DBA Unity Meals The facility will be as a kitchen to create meals for schools. 885.00 13000 APN 6304016005 5192030004 C-2022-1916 4334 SANTA FE AVE Good Merchants LLC DBA Le Bon Shoppe 885.00 9189 APN 6308006004 18500 APN 6308015022 C-2022-1915 3736 26TH ST L&Y USA Inc.Wholesale toys and gifts 885.00 11286 APN 6302006012 C-2022-1913 2300 49TH ST Show Me Your Mumu LLC Fabric manufacturing 885.00 300 APN 6302004015 C-2022-1912 2929 SANTA FE AVE CHW Inc.Garment manufacturing 1,046.00 60000 APN 6304021037 C-2022-1911 2424 26TH ST Jacob Supplies, Inc. Dba Culture Code Warehousing and distribution of ladies apparel 385.00 Fees Paid Square Feet C-2022-1910 4270 MAYWOOD AVE Source Logistics Los Angeles LLC Warehouse - Unload, store and ship dry goods 1,046.00 73985 APN City of Vernon Certificate of Occupancy Applications Date From 6/1/2022 to 6/30/2022 Issued Permit No.Project Address Tenant Description Permit No. 6/6/2022 6/6/2022 6/8/2022 6/8/2022 6/8/2022 6/8/2022 6/8/2022 6/15/2022 6/15/2022 6/16/2022 6/16/2022 6/20/2022 6/21/2022 6/21/2022 6/27/2022 6/27/2022 Total Fees 13,689.0016Permits(s 885.00 13200 APN 6302015016 Total for Certificate of Occupancy:13,689.00 368,661.00 APN 6310002018 C-2022-1847 3817 SANTA FE AVE JS Duo International, Inc.Manufacturing of women's clothing 9000 APN 6308008030 C-2021-1661 3310 FRUITLAND AVE Print System Screen printing 885.00 7238 6302004021 C-2022-1852 2555 CHAMBERS ST Rainfield Marketing Group, Inc Warehousing and distribution of produce 885.00 10688 APN 6304026030 C-2021-1687 2419 28TH Globel Merch Group LLC Manufacturing of apparel 885.00 20600 APN 6310010007 C-2021-1784 4455 FRUITLAND AVE OKOKLA INC.Sample making, digital printing and warehousing of clothing 885.00 1000 APN 6304018022 C-2022-1904 2856 54TH Agave Designs Inc.Warehousing and distribution of general merchandise 885.00 7500 APN 6308002009 C-2022-1914 4668 48TH ST Instanpro, Inc Cold storage of food items 385.00 32890 APN 6303012046 C-2021-1841 2764 LEONIS BLVD Leed Imports Inc Warehousing and distribution of electronics 885.00 11861 APN 6308002006 C-2021-1752 3268 VERNON AVE Umina Bros, Inc Warehousing (cold storage) and distribution of produce 885.00 1700 APN 6304011005 C-2021-1737 2761 FRUITLAND AVE Jaya Apparel Group, LLC Garment manufacturing 1,770.00 11097 APN 6308017041 C-2021-1808 4900 50TH ST Urban Motion Inc.Warehousing of personal electric powered vehicles 385.00 70119 APN 6308017042 C-2022-1898 2050 55TH ST Lineage Logistics PFS, LLC Cold storage of food items 1,207.00 103050 APN 6302020053 C-2022-1897 2100 55TH ST Lineage Logistics PFS, LLC Cold storage of food items 1,046.00 975 APN 6308002009 C-2022-1896 3031 VERNON AVE Vernon Soto Inc.Convenience store with gas station 385.00 4603 APN 6308015076 C-2022-1905 2770 LEONIS BLVD KKGM Inc.Office use only 385.00 Fees Paid Square Feet C-2021-1680 2300 48TH ST Sunrise Food Service, Inc.Warehousing and distribution of food (dry) 1,046.00 63140 APN City of Vernon Certificate of Occupancy Issued Date From 6/1/2022 to 6/30/2022 Issued Project Address Tenant Description City Council Agenda Item Report Submitted by: Brandon Gray Submitting Department: Police Department Meeting Date: August 2, 2022 SUBJECT Mutual Aid Operational Plan Agreement Recommendation: Approve and authorize the Chief of Police to execute a Mutual Aid Operational Plan Agreement, in substantially the same form as submitted. Background: Under the provisions of Sections 8615, 8617, and 8668 of the Government Code of the State of California, California Disaster and Civil Defense Master Mutual Aid Agreement, municipalities are allowed to enter into mutual aid and assistance agreements, which may include provisions for furnishing and exchanging of supplies, equipment, facilities, personnel, and services across jurisdictional lines. The proposed Mutual Aid Operational Plan Agreement ensures the coordination of public safety service efforts and encourages maximum participation between all law enforcement and prosecutorial agencies. The Vernon Police Department (VPD), along with every other law enforcement agency in the State, is asked to enter into the State's Form Mutual Aid Operational Plan Agreement (Mutual Aid Agreement) to provide for the sharing of resources, personnel, and equipment in the event of a major disaster, either natural or manmade. The Mutual Aid Agreement allows each participating public agency to furnish supplementary public safety services to the other public agencies signatory to this plan in the event of local peril, local emergency, local disaster, civil disturbance and such other occasions as may arise. The approved agreements are signed by the individual agencies and maintained by regional coordinators. The Mutual Aid Agreement is effective upon execution and remains in effect until terminated by the participating agency. VPD is assigned to Area E of Region 1. The Los Angeles County Sheriff is the Law Enforcement Mutual Aid Coordinator for Region 1 (Los Angeles and Orange Counties). The provisions listed under Section 830.1(a) of the California Penal Code grant authority for any California peace officer to perform official duties in the jurisdiction of other cities. This agreement will allow VPD Officers to perform their duties in cities throughout the State, and vice versa. Investigations conducted by the VPD often coincide with investigations being pursued within other jurisdictions in the State. An agreement pursuant to Penal Code Section 830.1(a) would benefit the City of Vernon as well as other law enforcement agencies in the State, allowing the agencies to work together to accomplish common goals. The proposed agreement was reviewed and approved as to form by the City Attorney's Office. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: 1. Mutual Aid Operational Plan Agreement 2022 MUTUAL AID AGREEMENT 2022 MUTUAL AID OPERATIONAL PLAN THIS AGREEMENT is made and entered into by and between the participant municipal corporations and other political subdivisions which now or hereafter become signatories hereto: WITNESSETH: WHEREAS, the signatory agencies desire to coordinate public safety service efforts and encourage maximum cooperation between all law enforcement and prosecutorial agencies; and WHEREAS, the agencies have heretofore determined that the public interest and necessity require mutual aid and participation in joint efforts; and WHEREAS, all joint efforts of the parties signatory hereto shall be governed by the term and conditions set forth by the participating agencies; and WHEREAS, it is also necessary and desirable that the resources, personnel, equipment and facilities of any one party to this plan be made available to any other party to prevent, combat, or eliminate a probable or imminent threat to life or property resulting from local peril, local emergency, local disaster, or civil disturbance, or a duly proclaimed "state of extreme emergency" or "state of disaster", or "state of war emergency" and to render mutual and supplementary public safety services one to the other as the need may arise; and WHEREAS, extensive loss of life and property may be mitigated by the immediate and adequate response of the forces of local government to what are or may be disturbances and disasters; and WHEREAS, the parties signatory to this plan have public safety responsibilities within the County and, therefore, have mutual interests and objectives to accomplish with reference to the preservation and protection of life and property within said County; and WHEREAS, the parties signatory to this plan have powers to provide for common defense, and the power to act in case of emergency or disaster are all powers common to the parties signatory hereto; and WHEREAS, the provisions of the Sections 8615, 8617 and 8668 of the Government Code of the State of California, California Disaster and Civil Defense Master Mutual Aid Agreement, and other laws of the State of California, empower each of the parties to this plan to so agree; and WHEREAS, it is expressly understood that this plan and the operation orders adopted pursuant thereto shall not supplant existing agreements between some of the parties hereto providing for the exchange or furnishing of certain types of facilities and services on a reimbursable exchange or other basis, nor supplant other mandatory agreements required by law in the event of a duly proclaimed emergency. NOW, THEREFORE, IT IS HEREBY AGREED by and between each and all of the parties signatory hereto as follows: 1. Each public agency signatory hereto may join in joint efforts which shall be governed by the terms and conditions set forth by the participating agencies. 2. Each public agency signatory hereto may furnish supplementary public safety services to the other public agencies signatory to this plan in the event of local peril, local emergency, local disaster, civil disturbance and such other occasions as may arise. 3. The mutual aid extended under this plan and the operation orders adopted pursuant to this plan shall be without reimbursement unless otherwise expressly provided for by the parties to this plan or as provided by law. 4. The responsible local official in whose jurisdiction an incident requiring mutual aid has occurred, unless otherwise provided, shall remain in charge at such incident including the direction of such personnel and equipment provided him through the operation of such mutual aid operations plan. 5. That nothing contained in this plan shall require or relieve any party hereto from the necessity and obligation of furnishing adequate protection to life and property within their own jurisdiction and no party shall be required to deplete unreasonably his own resources, facilities, and services in furnishing such mutual aid. 6. Any services performed or expenditures made in connection with the furnishing of assistance shall conclusively be presumed to be for the direct protection of the inhabitants and property of the party furnishing the assistance and for the direct benefit of all the inhabitants of the area. 7. This plan shall not be construed as, or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have the right of action hereunder for any cause whatsoever. 8. The declination of one or more of the parties to participate in this plan or any amendment, revision, or modification thereof, shall not affect the operation of this plan nor operation orders adopted pursuant thereto insofar as the validity of the plan pertains to the signatory parties. 9. This plan shall become effective as to each party when approved or executed, and shall remain operative and effective as between each and every party that has heretofore or hereafter approved or executed this plan until participation in this plan is terminated by the party. The termination by one or more of the parties of its participation in this plan shall not affect the operation of this plan as between the other parties thereto. 10. Termination of participation in this plan may be effected by any party by giving notice of said termination of participation in this plan to the public agencies, a party hereto, and this plan shall be terminated as to such party twenty (20) days after the filing of such resolution. IN WITNESS WHEREOF this operational plan has been executed and approved and is effective and operative as to each of the parties as herein provided. Signature of: Police Department, City of Robert Sousa, Chief of Police ATTEST: _______________________________ Lisa Pope, City Clerk APPROVED AS TO FORM: _______________________________ Zaynah N. Moussa, City Attorney AGREEMENT PURSUANT TO CALIFORNIA PENAL CODE SECTION 830.1 THIS AGREEMENT is made and entered into by and between the participation chief law enforcement officials which now or hereafter become signatories hereto: WITNESSETH: WHEREAS Section 830.1 (a) of the California Penal Code provides that the authority of any California peace officer extends to any place in the state, “Where the peace officer has the prior consent of the chief of police, or person authorized by him or her to give such consent, if the place is within a city, of the sheriff; or person authorized by him or her to give such consent, if the place is within a county"; and WHEREAS it is the intention of the undersigned, the Sheriff and Chiefs of Police of all cities of Los Angeles County, that peace officers be given the maximum powers consistent with California law; and WHEREAS it is agreed among the undersigned that when members of their respective agencies are engaged in police activity in a jurisdiction other than their own that these members will notify, whenever practicable, the department whose jurisdiction they are entering, of their activities in said jurisdiction; but that the practicability of such prior notification shall be solely at the discretion of the individual member(s); and WHEREAS the signatory agencies desire to coordinate law enforcement efforts and encourage maximum cooperation between all criminal justice agencies; and WHEREAS, the agencies have heretofore determined that the public interest and necessity require mutual aid and participation in joint efforts; and WHEREAS, all joint efforts of the parties signatory hereto shall be governed by the terms and conditions set forth by the participating agencies; and WHEREAS, the parties signatory to this agreement have public safety responsibilities within the County and therefore, have mutual interests and objectives to accomplish with reference to the preservation and protection of life and property within said County; and WHEREAS, the parties signatory to this agreement all have powers to provide for common defense, and the power to act in case of emergency or disaster are all powers common to the parties signatory hereto. NOW, THEREFORE, IT IS HEREBY AGREED by and between each and all of the parties signatory as follows: 1.Any member of the law enforcement agencies listed below, who is a peace Officer as defined under Section 830.1 of the California Penal Code, shall have the authority of a peace officer at all times within the jurisdiction for which the undersigned are authorized to give consent. 2.This agreement shall not be construed as, or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have the right of action hereunder for any cause whatsoever. 3.The declination of one or more of the parties to participate in this agreement or any amendment, revision, or modification thereof, shall not affect the operation of this agreement nor operation orders adopted pursuant thereto insofar as the validity of the agreement pertains to the signatory parties. 4.This agreement shall become effective as to each party when approved or executed, and shall remain operative and effective as between each and every party that has heretofore or hereafter approved or executed this agreement, until participation in this agreement is terminated by the party. The termination by one or more of the parties of its participation in this agreement shall not affect the operation of this agreement as between the other parties thereto. IN WITNESS WHEREOF this agreement pursuant to California Penal Code Section 830.1 has been executed and approved and is effective and operative as to each of the parties as herein provided. Signature of: Police Department, City of Robert Sousa, Chief of Police ATTEST: _______________________________ Lisa Pope, City Clerk APPROVED AS TO FORM: _______________________________ Zaynah N. Moussa, City Attorney City Council Agenda Item Report Submitted by: Adriana Ramos Submitting Department: Public Utilities Meeting Date: August 2, 2022 SUBJECT Supplemental to Purchase Contract LP-0728 with ABB, Inc. Recommendation: A. Find that the best interests of the City are served by a direct award of a Supplemental to ABB, Inc., without a competitive selection process pursuant to Section 3.32.110 B.2 of the Vernon Municipal Code (VMC); and B. Authorize a Supplemental to Purchase Contract LP-0728 with ABB, Inc. in an amount not to exceed $9,445.81. Background: On April 5, 2022, City Council approved blanket Purchase Contract LP-0728 with ABB, Inc., (ABB) in the amount of $92,283.31 for the installation of a motor drive and maintenance services at the Malburg Generating Station (MGS) during the scheduled Spring 2022 Outage. At the time, City Council found it was in the best interest of the City to award the contract without a competitive process, as ABB was the manufacturer of certain equipment being serviced and had a proven track record of successfully supporting MGS through many years. Staff is requesting that the City Council also find it is in the best interest of the City to issue a Supplemental to ABB, as it was critical for ABB to complete the work undertaken during the outage. MGS undergoes a scheduled, major planned outage every 30,000 equivalent operating hours, or roughly 3 to 4 years, usually in the fall and spring when the electricity demand is lower. The MGS power plant is operationally required to offer full resource adequacy to the California Independent System Operator (CAISO) daily. To ensure compliance with the CAISO and ensure continued operation of the MGS power plant, it is often essential that a vendor is contracted to provide maintenance on the Combustion Turbine Generator (CTG) starting motors. In May 2022, MGS went through a major scheduled outage and during the outage, the power plant optimized downtime by scheduling facility upgrades, repairs, and other maintenance work while the power plant was offline. MGS' staffing level was optimized for efficient plant operation and sustained outages were completed in a timely manner using multiple qualified and specialized vendors. During the scheduled outage, ABB performed an annual calibration on the British Thermal Unit (BTU) analyzer. Subsequently, Purchase Contract LP-0731 was issued on May 3, 2022, in the amount of $4,071. Funds to cover this service were withdrawn from approved blanket Purchase Contract LP-0728 funds, since this was a maintenance service that was required. In addition to the annual calibration of the BTU analyzer, ABB installed a starting motor drive for the CTG. Without a reliable and functioning starting motor system, the CTG will not run, and the power plant will not be able to operate. Outage schedules are highly orchestrated with the end of one vendor’s task marking the beginning of another vendor’s task. Any delays during the process risk a cascading impact up to the point of delaying outage completion and subsequent increased costs are incurred. Due to work conflicts with equipment readiness, ABB technicians were unable to complete the installation within the projected time frame, which resulted in additional hours billed to the City. The balance already authorized for payment to ABB is currently $92,283.31. However, the combined invoices received from ABB for the installation of a starting motor drive and the annual calibration total $101,729.12. Accordingly, staff is requesting approval of a Supplemental to the ABB purchase contract in the amount of $9,445.81 to cover the additional costs incurred during the outage. Pursuant to VMC section 3.32.030 (B), Council approval of the proposed Supplemental to ABB is required, as total payments to ABB would exceed $100,000. Fiscal Impact: Sufficient funds for the supplemental are available in the Vernon Public Utilities Generation and Operations Generation Expense Account No. 055.9190.500230. Attachments: 1. ABB Invoice No. 7105603816 2. ABB Invoice No. 7105550828 ABB Inc. Invoice Invoice number : 7105603816 Invoice date : 07/12/2022 Terms of payment : 30 Days net : 200011100Customer no. Due date : 08/11/2022 Currency : USD Customer P.O.:MGS21969 Customer contact : OA Contact Customer P.O.date : 05/21/2021 Bill of lading no. : Shipped date : Terms of delivery : Delivery method : Less Than TrckLd-LTL - INCO terms : EXW New Berlin (UCC) Sales department : Sales person : Sales order no.: 2774913 Project manager : Project no.: Federal I.D. no : 36-3100018 Invoice address Bill to : 200011100 COLORADO ENERGY MANAGEMENT LLC 4963 SOTO ST VERNON CA 90058 USA Customer address Sold to : 200011100 COLORADO ENERGY MANAGEMENT LLC 4963 SOTO ST VERNON CA 90058 USA Delivery address Ship to : 200011100 COLORADO ENERGY MANAGEMENT LLC 4963 SOTO ST VERNON CA 90058 USA Cust. Contact Name OA Contact Cust. Contact Tel #Cust. Contact Email abb.mail@us.abb.com General Terms and Conditions : If not otherwise agreed upon in writing ABB Inc.'s General Terms & Conditions apply to this offer. Item No. Part number Quantity UoM Unit price Amount Part no. Customer Price base Description Adjustment Adjustment amount 40 LV_SERVICE 1 EA USD 98,348.99 USD 98,348.99 1 ACS607 Retrofit Kit; Field Service Labor Hours Rate Cost Straight 184 $195.00 $35,880.00 Overtime 94 $292.50 $27,495.00 Double 38 $390.00 $14,820.00 ABB Inc. 16250 W. Glendale Drive NEW BERLIN WI 53151 USA LV Drives Customer Service #800-752-0696 LV Controls Customer Service #888-385-1221 ACH/Wire Transfer to : ABB Inc JPMORGAN CHASE BANK NA New York NY ABA Number: 021000021 SWIFT Code : CHASUS33 Account no : 323884326 Mail Payment To ABB Inc. PO Box 88868 Chicago IL 60695-1868 US Invoice 7105603816 Duplicate Page 1 of 2 07/13/2022 09:24:47 PR1-110/022022/USBRHEI1 Total Amount: USD 98,348.99 Item No. Part number Quantity UoM Unit price Amount Part no. Customer Price base Description Adjustment Adjustment amount Travel Straight 32 $195.00 $6,240.00 Overtime 0 $292.50 $0.00 Double 0 $390.00 $0.00 Expenses + 10% $13,949.99 Total: $98,384.99 Fixed Charge for Inv 0.00 Total Freight 0.00 Total Tax 0.00 Total Amount 98,348.99 Additional Information : If you have any questions regarding this invoice, please contact ABB Accounts Receivable by visiting http://new.abb.com/us/arinquiries or 1-866-330-2461. Please send remittance advices to us.sasacctrec@us.abb.com. ABB Inc. 16250 W. Glendale Drive NEW BERLIN WI 53151 USA LV Drives Customer Service #800-752-0696 LV Controls Customer Service #888-385-1221 ACH/Wire Transfer to : ABB Inc JPMORGAN CHASE BANK NA New York NY ABA Number: 021000021 SWIFT Code : CHASUS33 Account no : 323884326 Mail Payment To ABB Inc. PO Box 88868 Chicago IL 60695-1868 US Invoice 7105603816 Duplicate Page 2 of 2 07/13/2022 09:24:47 PR1-110/022022/USBRHEI1 Total Amount: USD 98,348.99 II IlII,TI'I'Power and prod*ctivity tor a better warld-' lnvoice ABB lnc. lnvoice address Bill to : 200006526 lnvoice numbel lnvoice date Teims of payment Customer no. Due date Curency : 71 05550828 I OSl27l2O22 : 30 Days net :20OOO6526 CITY OF VERNON 4305 S SANTA FE AVE VERNON CA 90058 USA Customer P,O. Cuslomer contact Customer P.O.date r LPO73'l : IAN EVERTS t O5lOgl2O22 Sold to : 200006526 ship to : 200006526 Bill of lading no. Shipped date Terms of del;very Delive.y method INCO terms Sales department Sales person Sales order no- Pioject managel Project no. Federal l.D. no Ground parcel - UPS Express CPT VERNON CA 70269795 : 36-3'10O018 Cust. Contact Name IAN EVERTS Cust. Contact Tel # 323-350-3481 Cust. Contact E nail ieverts@cityof vernon.org Item No. Part numbol Part no. Cuatomel Desciiption Ouantity UoM Unit price Price base Adiustment Amount Adiustment amount 't0 30 VXLO3-GAS-DAY 2.5 H GAS: Rate 8-5 M-F Field Service Gas: Rates for Flow Computer, Calibration, and LevelMaster. U. S. weekdays 8:OO a.m. - 5:O0 p.m. Maximum of I hours per day VXLO3-ANA,DAY H USD USD 130.OO USD 1 180.OO USD 1 325.OO ABB lnc. 7051 lndustrial Blvd. BARTLESVILLE OK 74006 USA 1-aoo-442-3097 totaltlow.order@us.abb.com ACH/lMre Tlansfor to : ABB lnc JPMORGAN CHASE BANK NA New York NY ABA Numbel: 021000021 SWFT Code : CHASUS33 Account no : 323884326 Mail Payment To ABB lnc. PO Box 88868 Chicago lL 60695-1868 US lnvoice 7105550828 Original Page1ol 4 0512712022 14i12t1?Total Amount: IJSD 3,380.13 Customer addrosa CITY OF VERNON 4305 S SANTA FE AVE VERNON CA 90058 USA Deliv€ry addrsss CITY OF VERNON 4305 S SANTA FE AVE VERNON CA 90058 USA t OOl26l2022 : USD 450.OO ANA: Rate 8-5 M-F II EII,tEt,Power and productivity for a better world'" Item No.Part numbel Paft no. Customer Description Ouantity UoM Unit price Price base Adiustment Amount Adiustment amount Field Service Analytics: Rates for NGC, PGClOOO, LGR, and NGC-Liquid. # U,S. Weekdays 8:0O a.m. - 5:OO p.m. Maximum of 8 hours per day 40 2104625-OO1 ,]EA FILTER,REPLACEMENT KIT.FOR 2 1 O2494.OO1 Filter/Membrane Replacoment Kit, Type 5 membrane. used for A + Genie A38M liquid block sample systems 38M-51 6-07-CFS, used with 2102454-OO1 50 2015475-OO5 1 EA CYLINDER W/CAL BLEND,BTU-XMTR. 1 3 CF Cal Blend, small bottle, tor start-up (Standard Pick) VXEO l .TRV-DAY 9 HR TRV: Rate 8-5 M-F Fi€ld S€rvice travel time p€r hour rate tor all service. U. S. Weekdays 8:OO a.m. - 5:OO p.m. Maximum ol 8 hours per day 60 70 DY USD USD USD USD 158.OO USD 1 579.OO USD 1 125.OO USD 1 'l84.OO USD 1 158.OO 5 7 9.00 1,125.OO 184.OOVXEOl HOTEL ,| Hotel Hotel Fees ABB lnc. 7051 lndustrial Blvd. BARTLESVILLE OK 74006 USA 1-AOO-442-3097 totslf low.order@us.abb.com ACH/IM]€ Transfsr to : ABB lnc JPMORGAN CHASE BANK NA New York NY ABA Number: O21OOOO21 SwlFT Code : CHASUS33 Account no | 323884326 Mail Payment To ABB lnc. PO Box 88868 Chicaso lL 60695-1868 US lnvoice 7105550828 Original Page 2 of 4 0512712022 14:12113 Total Amount: USD 3,380.13 Il pllttEt,PolYer and productivity for a better world'" Item No. Part number Part no. Customer Desedpjlon Ouantity UoM Unit prica Price base Adiustmsnt Amount Adiustment amount 80 90 VXEO l PERDIEM Perdi€m/Living Per Diem per day VXEOl MILEAGE Milesg€ Mileage (if ABB company vehicle is used) 100 VXEOl EXPENSE ADM FEE Miscellaneous Expenses 2 DY 510 Mr 61.OO USD 1 o.59 USO 1 60.69 USD 1 122.OO 300.90 60.69DOL USD USD USD1 Fixed Charge for lnv Total Freight Total Tax Total Amount o.oo o.oo 75.54 3.380.13 ABB lnc. 7051 lndustrial Blvd. BARTLESVILLE OK 74006 USA 1-800-442-3097 totalf low.order@us.abb.com ACH/Wire Transfer to : ABB lnc JPMOBGAN CHASE BANK NA New York NY ABA Number: O2'l O0OO21 SWFT Code : CHASUS33 Account no :323884326 Mail Payment To ABB Inc. PO Box 88868 Chicago lL 60695-1868 US lnvoice 7105550828 Original Page 3 of 4 0512712022 14:12:13 Total Amount: USD 3,380.13 ll PIT,tI,t,Power and productivity for a better world"' Ord€r Type Text : Service Call Billing Totalflow Service Call Oatet 519 - 5112122 ABB Service Report Number: 880016 Ssrvice Technician: GUS VON SEGGERN Unit Si N: T130304629 Loc: Malburg Generation Station Field Contact: lan Evens Oescription ol service work performed: Calibratel NGC /2 TotalflowxFc/2 XMV. lnstalling new cal bottle when customer recieves it. Additional lnformation : lf you have any questions regatding this invoice, please contact ABB Accounts Receivable by visiting http://new.ahb.com/us/aringuiries or I -866-33O-246f . Please send remittance advices to us. sasacclrec@ us.abb.com. ABB lnc. 7051 lndustrial Blvd. BARTLESVILLE OK 74OO6 USA 1-800-442-3097 totalf low.order@us.abb.com ACH/Wi.o Tlansfor to : ABB lnc JPMORGAN CHASE BANK NA New York NY ABA Numb€r: O21OOOO21 SWFT Code : CHASUS33 Account no :323884326 Mail Payment To ABB lnc. PO Box 88868 Chicago lL 60695- 1 868 US lnvoice 7105550828 Original Page 4 of 4 0512712022 14.12:.13 Total Amount: USD 3,380.13 City Council Agenda Item Report Submitted by: Adriana Ramos Submitting Department: Public Utilities Meeting Date: August 2, 2022 SUBJECT Sale of Surplus Vernon Public Utilities Vehicle to Petrelli Electric, Inc. Recommendation: Approve and authorize the City Administrator to execute the Purchase and Sale Agreement with Petrelli Electric, Inc. (Petrelli Electric), in substantially the same form as submitted, for the sale of one surplus 2008 Chevrolet Silverado 2500HD vehicle for the price of $6,500. Background: Vernon Public Utilities (VPU) has an urgent need to replace diesel vehicles as the South Coast Air Quality Management District’s (SCAQMD) Fleet Rules require public agencies to acquire low-emitting gasoline or alternative-fuel vehicles to reduce air-toxic and criteria pollutant emissions. Vehicle No. L1004, a 2008 Chevrolet Silverado 2500HD, is a medium duty, four-wheel drive, diesel powered vehicle owned by the City which does not meet SCAQMD Rule 1191 compliance. This vehicle must be replaced with a lower or zero emission vehicle such as electric, compressed natural gas (CNG), hybrid, or gasoline vehicle rated low emission vehicle (LEV) or better. Until recently, Vehicle No. L1004 had been utilized in service; however, to comply with SCAQMD’s requirements, it was imperative that the City surplus this vehicle. Additionally, this vehicle recently exhibited reliability issues and became cost prohibitive for the City's Garage Division to repair. As a result, VPU, in coordination with the Public Works Garage Division, determined that the vehicle should be placed in surplus, as it is no longer fit for use by the Department. Subsequently, the City's Purchasing Division, which is responsible for salvaging the City's surplus property, determined Vehicle No. L1004 is no longer economically suitable for further City use. Pursuant to the City’s Purchasing Manual parameters related to salvaging surplus City property, salvage property that has functional use may be sold or donated. Petrelli Electric has confirmed its desire to enter into a Purchase Agreement with the City to procure the aforementioned surplus vehicle. Petrelli Electric is the current VPU contractor providing high voltage electric systems service, maintenance, and utility support to the Vernon Electric and Fiber Optic Systems. Accordingly, VPU is recommending that City Council approve the sale of one surplus 2008 Chevrolet Silverado 2500HD (VIN #: 1GCHK29638E111088) to Petrelli Electric for the price of $6,500. The vehicle will be sold at market value, with the proposed cost determined by the price range estimate offered through Kelley Blue Book which considers the age of the vehicle, mileage, and condition. Findings were reviewed and confirmed by the Finance Director. Although supply chain issues related to the COVID-19 pandemic have presented procurement challenges, VPU has taken delivery of a SCAQMD Fleet Rules compliant 2022 gasoline powered Ford Explorer 4WD vehicle to replace Vehicle No. L1004. It is recommended that the City Council authorize the sale of VPU’s surplus vehicle and authorize the City Administrator to execute the necessary Purchase and Sale Agreement. The proposed Agreement with Petrelli Electric has been reviewed and approved as to form by the City Attorney’s Office. Fiscal Impact: Proceeds from the sale will result in $6,500 to Vernon Public Utilities Revenue Account No. 055.9000.670011. Attachments: 1. Purchase and Sale Agreement with Petrelli Electric -1- PURCHASE AND SALE AGREEMENT BETWEEN PETRELLI ELECTRIC, INC. AND CITY OF VERNON This Purchase and Sale Agreement is made and entered into this 2nd day of August, 2022 between the PETRELLI ELECTRIC, INC., a California corporation, hereinafter referred to as “BUYER”, and CITY OF VERNON, a California charter City and California municipal corporation, hereinafter referred to as “SELLER”. BUYER and SELLER may be referred to in this Agreement individually as “Party” and jointly as “Parties”. I. Recitals A. SELLER has determined that certain surplus property is not functionally or economically suitable for further CITY OF VERNON use and has negotiated the sale of one (1) 2008 Chevrolet Silverado 2500HD, as described in Exhibit A “Equipment”, attached hereto (Equipment); B. SELLER has provided BUYER with fair market pricing on Equipment in the total amount of $6,500 as set forth in Exhibit B “Price” attached hereto; C. SELLER has provided BUYER with a Liability Release Agreement, attached hereto as Exhibit C. NOW, THEREFORE, Parties agree as follows: II. General Provisions A. Assignment Parties shall not assign all or any part of this Agreement and/or make any subcontract to perform any obligation hereunder, either in whole or in part, without the prior written consent of the Parties. B. Attorneys’ Fees In the event any legal proceeding is instituted to enforce any term or provision of this Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the court to be reasonable. C. Compliance with Laws Parties shall perform their respective obligations as set forth in this Agreement pursuant to all applicable Federal, State, and local statutes, regulations, and ordinances whether now in force or hereinafter enacted. D. Conflicts or Inconsistencies Exhibit C shall take precedence in the event of any conflict or inconsistency between the terms of Exhibit C and this Agreement. In the event of any conflict or inconsistency between the provisions of this Agreement and any other Exhibit, the terms of this Agreement shall strictly prevail. E. Dispute Resolution 1. Administrative Remedies. Disputes regarding the interpretation or application of this Agreement shall first be submitted to the other Party for investigation and resolution. The Parties will make a good faith and reasonable effort to reach an agreeable resolution. Any disputes that -2- cannot be resolved in that manner shall be submitted to non-binding arbitration as set forth in the Formal Remedies below. 2. Formal Remedies. In the event the Administrative Remedy does not resolve the dispute, the alleged injured Party may, but is not required to as a condition of pursuing any legal remedies, serve a demand for arbitration on the Party claimed to be in default ("Defaulting Party"). The Parties will continue to perform obligations under this Agreement so long as the Defaulting Party diligently commences to cure the alleged default in the event there is imminent danger to the public health, safety or general welfare resulting from the default, the Defaulting Party shall take immediate action to cure the immediate threat. Within five (5) business days of receipt of the demand, and providing the default remains uncured, the matter shall be submitted to non-binding arbitration. The Parties shall make reasonable efforts to jointly select an arbitrator using any reasonable method including selection by chance. The arbitration shall be conducted in accordance with the California Arbitration Act (Code of Civil Procedure section 1280 et seq.) The arbitrator shall render a decision with written findings. The costs of arbitration (excluding each Party’s own costs) shall be borne by the Parties equally. Either Party that is not satisfied with the arbitrator's decision shall be entitled to pursue all remedies available in a court of law or equity. F. Documentation PARTIES shall maintain complete and accurate records with respect to ownership and transfer of Equipment and the costs incurred under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment made under this Agreement. All such records shall be provided to requesting Party within ten (10) days of request. G. Effective Date and Term This Agreement is effective as of the date of mutual execution and shall remain in full force and effect until delivery of the Equipment to BUYER, and BUYER’s removal of the Equipment from SELLER’s property whereupon this Agreement shall terminate, subject to the survival of terms as provided herein. H. Force Majeure 1. The time period(s) specified for performance pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the delayed Party if the delayed Party shall within three (3) days of the commencement of such delay notify the other Party in writing of the causes of the delay. 2. The sole remedy shall be termination or an extension of the Agreement pursuant to this Section and neither Party shall not be entitled to recover damages against the other Party. I. Governing Law -3- 1. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 2. Venue for any litigation arising out of this Agreement shall be the Superior Court of the County of Los Angeles. J. Independent Contractor Parties and their respective employees, officers, and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of the other Party. K. Entire Agreement 1. This Agreement, together with all exhibits hereto and which are incorporated by reference herein, supersedes any and all other Agreements, either oral or in writing, between the Parties with respect to the subject matter herein. 2. Each Party acknowledges that it has had the benefit of advice of competent legal counsel with respect to its decision to enter this Agreement that no representation, statement, or promise by any party which is not embodied herein shall be valid or binding. 3. Any modification of this Agreement shall be effective only if it is in writing signed by the Parties. L. Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. M. Severability If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of its terms and provisions to persons and circumstances other than those to which it has been held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. N. Termination 1. Termination for Convenience. Parties may terminate this Agreement for convenience by providing not less than ten (10) days prior,written Notice of Termination to the other Party prior to payment and delivery of the Equipment. This Agreement may be terminated at any time upon mutual agreement of the Parties. In such events, Parties shall have no further rights hereunder. 2. Cure Notice. Either Party may provide a Notice to Cure Default, therein specifying the acts or omissions constituting the alleged default, and demanding that the default be cured within ten (10) days, to the other Party. If the default remains uncured, termination for cause shall be effective, without further notice, at the end of the default cure period. 3. Termination for Cause. Either Party may terminate this Agreement for cause immediately by providing a written Notice of Termination therein -4- specifying the acts or omissions constituting the default, to the other Party. In such event, Parties shall have all other rights and remedies as provided by law. 4. Payment. SELLER shall reimburse BUYER for all amounts paid to SELLER within a reasonable time after termination of this Agreement. 5. Release of Liability. Termination or expiration of this Agreement does not release either Party from any and all claims, damages or other liability incurred prior to termination or expiration. O. Waiver A waiver by either Party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. III. Special Provisions A. Acceptance Acceptance of the Equipment shall be deemed to occur upon delivery of the keys to BUYER and BUYER’s removal of the Equipment from the SELLER’s property. B. Insurance SELLER shall maintain and provide proof of insurance coverage on the Equipment until such time SELLER delivers the Equipment to BUYER and removes the Equipment from SELLER’s property. SELLER’s program of self- insurance approved by BUYER shall satisfy the requirements of this Section. C. Ownership and Authority to Sell and Purchase 1. SELLER warrants that it owns the Equipment, free and clear of any encumbrances, and that it is authorized to sell Equipment to BUYER. 2. BUYER represents that it is authorized to purchase Equipment from SELLER. D. Removal, Transportation, and Operation 1. SELLER, at its sole expense, shall provide reasonable instructions and documentation pertaining to the maintenance and operation of the Equipment to BUYER at the time of delivery and prior to BUYER removing the Equipment from SELLER’s property. 2. BUYER, at its sole liability, risk and expense, shall be responsible for removing, loading, transporting, and operating the Equipment. E. Sale of Equipment SELLER hereby sells to BUYER and BUYER hereby purchases from SELLER the Equipment for the price set forth in Exhibit B. F. Title and Risk of Loss 1. Title to and risk of loss or damage to the Equipment purchased by BUYER will pass to BUYER upon delivery and removal of the Equipment from SELLER’s property. -5- 2. BUYER assumes all risks and liability whatsoever resulting from the possession, use or disposition of the Equipment. SELLER will have no liability with respect to the Equipment sold to BUYER, including having no liability for indirect, incidental or consequential damages. IV. Representatives and Signatories A. Notices and Designated Representatives 1. Any and all notices, demands, invoices, and written communications between the Parties shall be addressed to the invidviduals set forth below who are primarily responsible for their respective party’s performance. 2. Such notices shall be deemed as received by addressee within two working days after deposit in the United States mail or an express mail carrier or by verifiable electronic means. SELLER BUYER City of Vernon Petrelli Electric, Inc. Finance Department 4305 Santa Fe Avenue 11615 Davenport Road Vernon, CA 90058 Agua Dulce, CA 91390 Scott Williams, Finance Director Cindy Petrelli, President 323.583.8811 ext: 849 661.268.7312 SWilliams@ci.vernon.ca.us [SIGNATURES ON FOLLOWING PAGE] -6- IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: SELLER Contractor Name: City of Vernon Corporation Type: a California charter City and California municipal corporation Printed Name: Carlos Fandino Title: City Administrator Signature: ATTEST Printed Name: Lisa Pope Title: City Clerk Signature: APPROVED AS TO FORM Printed Name: Zaynah N. Moussa Title: City Attorney Signature: BUYER Petrelli Electric, Inc. Corporation Type: a California corporation Printed Name: Cindy Petrelli Title: President Signature: BUYER Printed Name: Sal Petrelli Title: Vice President Signature: -7- Attachments (incorporated documents): Exhibit A – Equipment Exhibit B – Price Exhibit C – Liability Release Agreement Exhibit A - Equipment a VERNON PUBLIC UTILITES VEHICLE DESCRIPTION Make/Model: 2008 Chevrolet Silverado 2500HD Unit #: L1004 License Plate #: 1142554 Weight: 9,200 Odom.: 270,000 Fuel: Diesel VIN #: 1GCHK29638E111088 Warranty Equipment is sold “AS IS, WHERE IS, WITH ALL FAULTS”. SELLER MAKES NO REPRESENTATION OR WARRANTY, STAUTORY, EXPRESS OR IMPLIED WITH RESPECT TO THE USED EQUIPMENT INCLUDING MAKING NO WARRANTY THAT THE USED EQUIPMENT WILL BE MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE. THE ONLY WARRANT OR REPRESENTATION MADE BY SELLER IS A WARRANTY THAT SELLER IS THE LEGAL OWNER OF THE USED EQUIPMENT. End of Exhibit A -1- Exhibit B – Price I. Purchase Price As full and complete consideration for the Equipment, BUYER shall pay the sum of Six Thousand, Five Hundred Dollars ($6,500) USD, not including any applicable taxes and or fees to SELLER. II. Taxes and Fees BUYER is responsible to pay all applicable sales taxes and fees associated with the acquisition of Equipment. III. Payment BUYER shall make payment of the full purchase price to SELLER on or before the BUYER takes possession of the Equipment. End of Exhibit B -1- Exhibit C – Liability Release Agreement Petrelli Electric, Inc. (Petrelli), hereby voluntarily releases, discharges, waives, and relinquishes any and all liabilities, losses, claims or causes of action against the City of Vernon (City), and any of its elected officials, officers, agents, employees, or volunteers, including those for personal injury, property damage, or wrongful death arising, directly or indirectly, as a result of the purchase of one (1) one 2008 Chevrolet Silverado 2500HD (Equipment), described in Exhibit A and referred to collectively as the “Equipment”. Petrelli further agrees to indemnify, defend, and hold harmless the City and its elected officials, officers, agents, employees, and volunteers from any and all loss, damage, liability, claim, action, or expense whatsoever, including without limitation, attorney fees and other costs of defense, which in any way arise out of, result from, or are connected with, the purchase, possession, retention, use, ownership, sale, or transfer of the Equipment by Petrelli or its officers, owners, agents, or employees, even though such liability may arise, in part, out of the negligence of the City, its elected officials, officers, agents, employees, or volunteers. On behalf of its officers, owners, agents, and employees, Petrelli agrees not to make any claim against, sue, attach the property of, or prosecute City or its elected officials, officers, agents, employees, or volunteers, for any liabilities, losses, claims or causes of action arising, directly or indirectly, as a result of Petrelli’s acceptance, retention, use, ownership, sale, or transfer of the Equipment. Petrelli further acknowledges that City makes no guarantee or warranty for the Equipment. The Equipment is accepted in an “as is” condition. Petrelli voluntarily accepts and expressly assumes all risks, dangers, and hazards that may arise from its acceptance, retention, use, ownership, sale, or transfer of the Equipment. The undersigned hereby warrants that he/she is an authorized agent of Petrelli, whose name appears below, and by his/her signature does hereby bind it to the terms, conditions, and limitations of this release document. Petrelli Electric, Inc. _____________________________ _____________ Cindy Petrelli Date President 11615 Davenport Road Agua Dulce, CA 91390 City Council Agenda Item Report Submitted by: Daniel Wall Submitting Department: Public Works Meeting Date: August 2, 2022 SUBJECT Heating, Ventilation, and Air Conditioning (HVAC) System Yearly Maintenance Contract Recommendation: A. Find that approval of the proposed action is categorically exempt from California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines Section 15301, because the project consists of the restoration or rehabilitation of deteriorated existing equipment and involves negligible or no expansion of an existing use; and B. Approve a Purchase Contract with Western Allied in the amount of $50,000 for maintenance and inspection services for the City’s HVAC system. Background: The Public Works Department (Department) utilizes an HVAC specialist to service the City’s HVAC system under a yearly maintenance and inspection contract. The contract covers routine inspection and maintenance costs as well as emergency repairs that may be necessary during the year. In order to select a vendor, Public Works staff contacted a total of seven service providers in the region to request quotes for the proposed contract. Based on the responses received, Western Allied presented the best option for the City, as the company is certified by Trane, the manufacturer of the equipment being serviced, and provided competitive pricing. Other vendors contacted by staff were either not certified by Trane, or indicated that they were not able to service equipment as large as that in use by the City. Accordingly, the Department is requesting that Council approve the yearly maintenance contract in the amount of $50,000 with Western Allied. A copy of the quote provided by the vendor is attached for reference. Pursuant to Vernon Municipal Code (VMC) Section 3.32.030 (B), Council approval of the proposed contract is necessary as current City Contracts with this vendor exceed $100,000. Most recently, on September 21, 2021, Council approved Contract CS-1345 with Western Allied in the amount of $290,200 for the basement cooling system update. Fiscal Impact: Sufficient funds for the proposed maintenance and inspection contract are available in General Fund, Public Works/City Buildings Account No. 011.1049.590000 for Fiscal Year 2022-2023. Attachments: 1. Western Allied Maintenance and Inspection Proposal WESTERN ALLIED CORPORATION The Building Relationship People Celebrating 62 Years 1960 - 2022 PO Box 3628 (use PO Box for mail) Santa Fe Springs, CA 90670 12046 E. Florence Avenue 562/944-6341 Contractors License No. 198821 Air Conditioning Service, Maintenance, & System Correction February 9, 2022 City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Re: HVAC Maintenance Proposal; City Hall/PD Complex Fiscal Year 2022/23 Attn.: Mr. Kenny Jackson kjackson@ci.vernon.ca.us Dear Kenny: Per your request and provided scope of work and equipment list, Western Allied Corporation offers the following: For the two chillers, 50 ton Trane rooftop unit, 25 ton Carrier condensing unit, Lochinvar boiler and Raypak boiler at City Hall/PD: - Quarterly maintenance (four times per year) to include: Inspect for refrigerant and oil leakage. Verify proper operation and set points. Check all alarms. Confirm that crankcase heaters are operational. Observe refrigerant sight glass and crankcase oil level. For boilers, verify proper operation and set points and check alarms. Visually check chilled and hot water loop water at pot feeder. Verify proper expansion tank air cushion and adjust. - Annual maintenance for cooling units (two chillers, 50 ton Trane rooftop unit, 25 ton Carrier condensing unit or new 12.5 ton Trane units when installed) in conjunction with the spring quarterly maintenance visit. Work to include: Perform quarterly tasks. Perform SCAQMD / EPA refrigerant audit. Wash condenser coils with water and an EPA approved coil cleaner. For Trane rooftop unit, rinse cooling coil and flush drain pans and lines. Replace Trane unit supply fan belts. Check pumpdown cycle operation for each refrigeration circuit. Check temperature, operation, and safety circuits. Calibrate sensors. Inspect all contactors. - Annual maintenance for two boilers in conjunction with the fall quarterly maintenance visit. Work to include: Perform quarterly tasks. Clean burners. Blow out fire box. Replace hot surface ignitors and flame sensors. Check temperature, operation, and safety circuits. Calibrate sensors. Inspect all contactors. Our price to perform the above scope of work for the equipment noted above is $13,992.00, invoiced at the rate of $3,498.00 per quarter for the one year duration of the agreement. You may also utilize our 24/7 service call emergency response. These rates are in effect through September 1, 2022, at which time we adjust the rates to reflect our new labor contract. Service call rates (regular hours): $159.00/hour Service call rates (non-holiday overtime):$238.50/hour Service call rates (holidays):$318.00/hour Truck charge:$89.00 Please let me know if you have any questions. Best Regards, Mike Gallagher City Council Agenda Item Report Submitted by: Robert Sousa Submitting Department: Police Department Meeting Date: August 2, 2022 SUBJECT Federal Equitable Sharing Agreement and Annual Certification Report Recommendation: Approve and authorize the Police Chief and City Administrator to execute the Federal Equitable Sharing Agreement and Annual Certification Report. Background: When local police agencies work with federal agencies to enforce federal criminal laws, the agency may apply for an equitable share of any forfeited proceeds. The Vernon Police Department (VPD) currently receives an equitable share of forfeited proceeds from investigations conducted by an investigator assigned to the Southwest Borders Initiative Taskforce (SWBI). In order to receive such proceeds, the VPD must execute an equitable sharing agreement and certify that the forfeited proceeds received are allocated as required by federal statutes and regulations established by the U.S. Department of Treasury and the U.S. Department of Justice. These laws and regulations require the VPD to do the following: Retain forfeited funds or property separate from state or other forfeitures Submit a federal Equitable Sharing Agreement and Certification annually with both agencies Maintain a record of the funds or property and any expenditures Annually audit funds exceeding $100,000 The Department of Justice implemented an on-line reporting process to streamline the annual reporting of funds received by local agencies. The reporting process requires the Agency Head (Police Chief) and the Governing Body Head (City Administrator) to certify that the City understands its obligations under the agreement and to certify that the reported financial information regarding the VPD’s receipt and expenditure of the funds is accurate. The VPD has implemented procedures in compliance with the outlined laws and regulations. The Equitable Sharing Agreement and Certification Report has been reviewed and approved as to form by the City Attorney’s Office. Fiscal Impact: Forfeited proceeds received through the equitable share program vary from year to year as funds are based on the resolution of specific court cases. When received, revenues are placed in General Fund, Police Department asset forfeiture Account No. 011.4031.441013. Attachments: 1. FY 2021-2022 ESAC Form (Draft) Equitable Sharing Agreement and Certification OMB Number 1123-0011 Expires: December 31, 2024 Agency Name: City Of Vernon Police DepartmentNCIC/ORI/Tracking Number: CA0197300 Mailing Address: 4305 Santa Fe Avenue Type: Police Department Agency FY 2023 Budget: $14,423,563.00FY End Date: 06/30/2022 amelgar@ci.vernon.ca.usEmail:(323) 583-8811 x242Phone: Melgar, AngelaName: ESAC Preparer Email:Phone: Name: Jurisdiction Finance Contact Agency Finance Contact Phone: Name: Sousa, Roberto (323) 583-8811 x114 Email:rsousa@covpd.org Williams, Scott (323) 583-8811 x849 swilliams@ci.vernon.ca.us Vernon, CA 90058 Beginning Equitable Sharing Fund Balance Equitable Sharing Funds Received Equitable Sharing Funds Received from Other Law Enforcement Agencies and Task Force Other Income Interest Income Total Equitable Sharing Funds Received (total of lines 2-5) Equitable Sharing Funds Spent (total of lines a - n) Ending Equitable Sharing Funds Balance (difference between line 7 and the sum of lines 1 and 6) Summary of Equitable Sharing Activity Justice Funds Treasury Funds $346,436.74 $48,008.93 $68,841.47 $0.00 $0.00 $0.00 $0.00 $0.00 $256.49 $0.00 $69,097.96 $0.00 $34,470.85 $0.00 $381,063.85 $48,008.93 1 2 3 4 5 6 7 8 Summary of Shared Funds Spent Law Enforcement Operations and Investigations Law Enforcement, Public Safety, and Detention Facilities Training and Education Law Enforcement Equipment Joint Law Enforcement/Public Safety Equipment and Operations Contracts for Services Law Enforcement Travel and Per Diem Law Enforcement Awards and Memorials Drug, Gang, and Other Education or Awareness Programs Matching Grants Transfers to Other Participating Law Enforcement Agencies Support of Community-Based Programs Non-Categorized Expenditures Salaries Total Justice Funds Treasury Funds $0.00 $0.00 $9,700.00 $0.00 $0.00 $0.00 $18,281.85 $0.00 $0.00 $0.00 $6,489.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $34,470.85 $0.00 a b c d e f g h i j k l m n Department of Justice Asset Forfeiture Program Investigative Agency participants are: FBI, DEA, ATF, USPIS, USDA, DCIS, DSS, and FDA Department of the Treasury Asset Forfeiture Program participants are: IRS-CI, ICE, CBP and USSS. 1 2 1 2 Annual Certification Report Date Printed: Page 1 of 507/11/2022 Equitable Sharing Funds Received From Other Agencies Transferring Agency Name Treasury FundsJustice Funds Other Income Other Income Type Justice Funds Treasury Funds Matching Grants Treasury FundsJustice Funds Matching Grant Name Transfers to Other Participating Law Enforcement Agencies Treasury FundsJustice FundsReceiving Agency Name Support of Community-Based Programs Justice FundsRecipient Non-Categorized Expenditures Treasury FundsJustice FundsDescription Salaries Treasury FundsJustice FundsSalary Type Paperwork Reduction Act Notice Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a valid OMB control number. We try to create accurate and easily understood forms that impose the least possible burden on you to complete. The estimated average time to complete this form is 30 minutes. If you have comments regarding the accuracy of this estimate, or suggestions for making this form simpler, please write to the Money Laundering and Asset Recovery Section at 1400 New York Avenue, N.W., Washington, DC 20005. The Department of Justice is collecting this information for the purpose of reviewing your equitable sharing expenditures. Providing this information is voluntary; however, the information is necessary for your agency to maintain Program compliance. Information collected is covered by Department of Justice System of Records Notice, 71 Fed. Reg. 29170 (May 19, 2006), JMD-022 Department of Justice Consolidated Asset Tracking System (CATS). This information may be disclosed to contractors when necessary to accomplish an agency function, to law enforcement when there is a violation or potential violation of law, or in accordance with other published routine uses. For a complete list of routine uses, see the System of Records Notice as amended by subsequent publications. Privacy Act Notice Single Audit Information Company: Name: Independent Auditor Robert J. Callanan, CPA Phone: CliftonLarsenAllen LLP 7147955354 Email: bob.callanan@claconnect.com Page 2 of 5Date Printed: 07/11/2022 Were equitable sharing expenditures included on the Schedule of Expenditures of Federal Awards (SEFA) for the jurisdiction's Single Audit for the prior fiscal year? If the jurisdiction did not meet the threshold to have a Single Audit performed, select Threshold Not Met. NO Prior Year Single Audit Number Assigned by Federal Audit Clearinghouse: YES THRESHOLD NOT MET X Page 3 of 5Date Printed: 07/11/2022 Under penalty of perjury, the undersigned officials certify that they have read and understand their obligations under the Guide to Equitable Sharing for State, Local, and Tribal Law Enforcement Agencies (Guide) and all subsequent updates, this Equitable Sharing Agreement, and the applicable sections of the Code of Federal Regulations. The undersigned officials certify that the information submitted on the Equitable Sharing Agreement and Certification form (ESAC) is an accurate accounting of funds received and spent by the Agency. The undersigned certify that the Agency is in compliance with the applicable nondiscrimination requirements of the following laws and their Department of Justice implementing regulations: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), and the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.), which prohibit discrimination on the basis of race, color, national origin, disability, or age in any federally assisted program or activity, or on the basis of sex in any federally assisted education program or activity. The Agency agrees that it will comply with all federal statutes and regulations permitting federal investigators access to records and any other sources of information as may be necessary to determine compliance with civil rights and other applicable statutes and regulations. Affidavit Equitable Sharing Agreement This Federal Equitable Sharing Agreement, entered into among (1) the Federal Government, (2) the Agency, and (3) the Agency's governing body, sets forth the requirements for participation in the federal Equitable Sharing Program and the restrictions upon the use of federally forfeited funds, property, and any interest earned thereon, which are equitably shared with participating law enforcement agencies. By submitting this form, the Agency agrees that it will be bound by the Guide and all subsequent updates, this Equitable Sharing Agreement, and the applicable sections of the Code of Federal Regulations. Submission of the ESAC is a prerequisite to receiving any funds or property through the Equitable Sharing Program. 1. Submission. The ESAC must be signed and electronically submitted within two months of the end of the Agency’s fiscal year. Electronic submission constitutes submission to the Department of Justice and the Department of the Treasury. 2. Signatories. The ESAC must be signed by the head of the Agency and the head of the governing body. Examples of Agency heads include police chief, sheriff, director, commissioner, superintendent, administrator, county attorney, district attorney, prosecuting attorney, state attorney, commonwealth attorney, and attorney general. The governing body head is the head of the agency that appropriates funding to the Agency. Examples of governing body heads include city manager, mayor, city council chairperson, county executive, county council chairperson, administrator, commissioner, and governor. The governing body head cannot be an official or employee of the Agency and must be from a separate entity. 3. Uses. Shared assets must be used for law enforcement purposes in accordance with the Guide and all subsequent updates, this Equitable Sharing Agreement, and the applicable sections of the Code of Federal Regulations. 4. Transfers. Before the Agency transfers funds to other state or local law enforcement agencies, it must obtain written approval from the Department of Justice or Department of the Treasury. Transfers of tangible property are not permitted. Agencies that transfer or receive equitable sharing funds must perform sub-recipient monitoring in accordance with the Code of Federal Regulations. 5. Internal Controls. The Agency agrees to account separately for federal equitable sharing funds received from the Department of Justice and the Department of the Treasury, funds from state and local forfeitures, joint law enforcement operations funds, and any other sources must not be commingled with federal equitable sharing funds. The Agency certifies that equitable sharing funds are maintained by its jurisdiction and the funds are administrated in the same manner as the jurisdictions's appropriated or general funds. The Agency further certifies that the funds are subject to the standard accounting requirements and practices employed by the Agency's jurisdiction in accordance with the requirements set forth in the Guide, any subsequent updates, and the Code of Federal Regulations, including the requirement to maintain relevant documents and records for five years. The misuse or misapplication of equitably shared funds or assets or supplantation of existing resources with shared funds or assets is prohibited. The Agency must follow its jurisdiction's procurement policies when expending equitably shared funds. Failure to comply with any provision of the Guide, any subsequent updates, and the Code of Federal Regulations may subject the Agency to sanctions. 6. Single Audit Report and Other Reviews. Audits shall be conducted as provided by the Single Audit Act Amendments of 1996 and OMB Uniform Administrative Requirements, Costs Principles, and Audit Requirements for Federal Awards. The Agency must report its equitable sharing expenditures on the jurisdiction's Schedule of Expenditures of Federal Awards (SEFA) under Assistance Listing Number 16.922 for Department of Justice and 21.016 for Department of the Treasury. The Page 4 of 5Date Printed: 07/11/2022 Yes No Agency Head Name: Title: Email: Governing Body Head Name: Title: Email: To the best of my knowledge and belief, the Agency's current fiscal year budget reported on this ESAC is true and accurate and the Governing Body Head whose name appears above certifies that the agency's budget has not been supplanted as a result of receiving equitable sharing funds. Entry of the Governing Body Head name above indicates his/her agreement to abide by the policies and procedures set forth in the Guide, any subsequent updates, and the Code of Federal Regulations. I certify that I have obtained approval from and I am authorized to submit this form on behalf of the Agency Head and the Governing Body Head. X Sousa, Roberto Chief of Police rsousa@covpd.org Fandino Jr., Carlos R. City Administrator cfandino@ci.vernon.ca.us Date: To the best of my knowledge and belief, the information provided on this ESAC is true and accurate and has been reviewed and authorized by the Law Enforcement Agency Head whose name appears above. Entry of the Agency Head name above indicates his/her agreement to abide by the Guide, any subsequent updates, and the Code of Federal Regulations, including ensuring permissibility of expenditures and following all required procurement policies and procedures. Signature: ___________________________________________________________Date: Department of Justice and the Department of the Treasury reserve the right to conduct audits or reviews. 7. Freedom of Information Act (FOIA). Information provided in this Document is subject to the FOIA requirements of the Department of Justice and the Department of the Treasury. Agencies must follow local release of information policies. 8. Waste, Fraud, or Abuse. An Agency or governing body is required to immediately notify the Department of Justice's Money Laundering and Asset Recovery Section and the Department of the Treasury's Executive Office for Asset Forfeiture of any allegations or theft, fraud, waste, or abuse involving federal equitable sharing funds. During the past fiscal year: (1) has any court or administrative agency issued any finding, judgment, or determination that the Agency discriminated against any person or group in violation of any of the federal civil rights statutes listed above; or (2) has the Agency entered into any settlement agreement with respect to any complaint filed with a court or administrative agency alleging that the Agency discriminated against any person or group in violation of any of the federal civil rights statutes listed above? Signature: ___________________________________________________________ ________________________________ ________________________________ Civil Rights Cases Page 5 of 5Date Printed: 07/11/2022 City Council Agenda Item Report Submitted by: Lilia Hernandez Submitting Department: City Administration Meeting Date: August 2, 2022 SUBJECT Report on Vehicle Purchases Approved by the City Administrator Recommendation: Receive and file the report. Background: Typically, the City purchases vehicles through Sourcewell, a cooperative purchasing public agency serving government, education and non-profit organizations. However, due to the current severe inventory shortage of vehicles, the City has not been able to secure vehicles through Sourcewell, with many of the City's purchase orders placed in July 2021 having remained open for over a year. The City is also experiencing challenges when attempting to purchase directly from dealers, as vehicle inventory is extremely low and vehicles are being sold rapidly, not providing the City an opportunity to carry out a typical competitive process for the purchase of vehicles while specified/quoted vehicles remain in stock. Overall, vehicle inventory is extremely sparse currently with little to no options available from which to select specific makes and models. The South Coast Air Quality Management District's (SCAQMD) Fleet Rules (Rule 1191 and Rule 1196) require public agencies to acquire low emitting gasoline or alternative -fuel vehicles to reduce air toxic and criteria pollutant emissions. In a continued effort to comply with SCAQMD's rules, Vernon Public Utilities (VPU) in coordination with SCAQMD has systematically identified diesel vehicles within its fleet that need to be replaced. Most recently, VPU and the City's Public Works Garage Division, determined two of its medium duty, diesel powered vehicles should be replaced immediately as they were exhibiting reliability issues and became cost prohibitive to repair. Accordingly, Garage staff recommended that VPU surplus Vehicle No. L1004 (a 2008 Chevrolet Silverado 2500) and Vehicle No. L1055 (a 2016 Ford F- 250 XLT Supercab). VPU agreed as both vehicles did not meet SCAQMD Rule 1191 compliance and needed to be replaced with lower or zero emission vehicles such as electric, compressed natural gas (CNG), hybrid, or gasoline vehicle rated LEV or better. Due to the shortage of vehicles and associated challenges making timely purchases, and VPU's urgent need to replace diesel vehicles, VPU staff requested approval from the City Administrator to move forward with purchases as soon as desired replacement vehicles were identified. Pursuant to Vernon Municipal Code (VMC) Section 3.32.110 (B)(3), the City Administrator found that it was in the best interest of the City to award a purchase order to the respective dealers noted below for the specified vehicle purchases. As required by the VMC section noted above, the City Administrator is providing a written report to the City Council regarding the purchases. 2021 Dodge Ram 3500 from Russell Westbrook Chrysler Dodge Jeep Ram (2021 Dodge Ram) This vehicle is a medium duty, gas powered vehicle. In an effort to obtain a competitive price for the City, staff solicited quotes from eleven (11) local dealerships and requested quotes where available. Six of the eleven dealerships responded with an indication no trucks were available. Two quotes were received, with Russell Westbrook Chrysler Dodge Jeep Ram providing the most cost-effective offer. 2022 Ford Explorer ST 4WD from Galpin Ford (2022 Ford Explorer) This vehicle is a light duty, gas powered vehicle with four-wheel drive. In an effort to obtain a competitive price for the City, staff solicited quotes from fourteen (14) local dealerships and requested quotes where available. Three quotes were received, with Galpin Ford providing the most cost-effective offer. VPU was fortunate to find this vehicle available as it was not advertised and was being utilized as a manager demo. VPU was also able to receive a $1000 discount offered during the fourth of July holiday by placing a deposit on the vehicle. VPU will continue to work with the Public Works Garage staff and SCAQMD to advance the replacement of diesel vehicles owned by the City as necessary and feasible. Fiscal Impact: The fiscal impact of the purchase of the 2021 Dodge Ram was $59,232.44. This expenditure was included in the VPU Fiscal Year (FY) 2022-23 budget under 055.8100.900000 Capital Outlay account. The fiscal impact of the purchase of the 2022 Ford Explorer was $64,613.12. This expense was included in the VPU FY 2021-22 budget under 055.8000.900000 Capital Outlay account. Due to the supply chain issues resulting from the COVID-19 pandemic and the purchase occurring just past the end of the fiscal year, a mid-year budget adjustment will be made to the VPU FY 2022-23 budget to roll over and utilize these approved funds for the purchase. Attachments: None. City Council Agenda Item Report Submitted by: Yesenia Barajas Submitting Department: Public Works Meeting Date: August 2, 2022 SUBJECT National Auto Fleet Group Multiple Vehicle Purchase Recommendation: A. Approve the purchase of five new 2022 Ford F-150 Lighting Pro 4WD SuperCrew Work Trucks through National Auto Fleet Group, for a total cost of $230,846.60; and B. Authorize the City Administrator to approve comparable vehicle purchases for a total not- to-exceed $250,000 for the Public Works Department should the vehicles noted above no longer be available through the National Auto Fleet Group. Background: The adopted Public Works Department Building Maintenance Division and Street Operations Division budget for FY2022-2023 included planned capital expenditures for the purchase of five new 2022 Ford F-150 Lighting Pro 4WD SuperCrew Work Trucks to meet the operational needs of the department. The purchase of these new vehicles will provide Public Works staff with the transportation necessary to continue to promptly execute daily work responsibilities and effectively meet the needs of the city. Pursuant to Vernon Municipal Code Chapter 3.32, Section 3.32.110(A)(5), the purchase of the proposed vehicles is exempt from competitive bidding and competitive selection, as the purchase is through Sourcewell which offers participating agencies cooperative buying contracts. The quote secured for this purchase from the National Auto Fleet Group is based on a Sourcewell contract. It is to the advantage of the city to procure these vehicles from the selected vendor. The quote provided by the National Auto Fleet Group indicates cost savings of $1,000 based on the Manufacturer's Suggested Retail Price (MSRP). Staff recommends approval of the purchase of five new 2022 Ford F-150 Lighting Pro 4WD SuperCrew Work Trucks through National Auto Fleet Group, for a total cost of $230,846.60. As a contingency measure, staff is also seeking approval for the City Administrator to authorize individual comparable vehicle purchases from other vendors should the vehicles no longer be available through the National Auto Fleet Group. Given the current limited availability of vehicles, this would allow staff to make necessary vehicle purchases timely, as soon as suitable vehicles become available. Fiscal Impact: Funds up to $250,000 are available for the purchase of vehicles in the Capital Outlay Account of the Publics Works Department Building Maintenance Division and Street Operations Division for Fiscal Year 2022-2023. Attachments: 1. National Auto Fleet Group - Ford F150 EV Quote City Council Agenda Item Report Submitted by: Lisette Grizzelle Submitting Department: Human Resources Meeting Date: August 2, 2022 SUBJECT Memorandum of Understanding by and between the City of Vernon and the International Brotherhood of Electrical Workers, Local 47 Recommendation: Adopt Resolution No. 2022-30 approving the Memorandum of Understanding by and between the City of Vernon and the International Brotherhood of Electrical Workers, Local 47 (IBEW) for the period of July 1, 2022 through June 30, 2025. Background: The previous Memoranda of Understanding (MOUs) between the City of Vernon and the City's four bargaining groups expired June 30, 2022. Pursuant to City Council direction and authority, negotiations with all four bargaining groups began in April 2022. Labor negotiations with IBEW, representing electric operators, dispatchers, engineers, and a variety of technical staff in the Public Utilities Department, have been ongoing since then for a successor MOU. On July 20, 2022, the parties reached a tentative agreement on a successor MOU which was then ratified by the IBEW membership on July 26, 2022. It is recommended that City Council approve a successor MOU with IBEW for a three year term beginning July 1, 2022 through June 30, 2025 that reflects the following key provisions: A 3% Cost of Living Adjustment (COLA) effective July 31, 2022, July 2, 2023, and July 14, 2024; Increase Bilingual Pay from $125 per month to $275 per month effective July 31, 2022; Change in overtime/double time calculation; Increase in In-Lieu Holiday time from 48 hrs. to 60 hrs.; Development of supervisory guidelines for remote work; Prior City of Vernon service credit for current employees towards eligibility for retiree medical benefits and vacation accrual; and Various minor language changes to update and or eliminate outdated or obsolete language that is either no longer in effect or required update to reflect current practices. Changes from the previous MOU are redlined in the draft 2022-2025 MOU (Attachment 2). Fiscal Impact: The estimated fiscal impact of the 2022-2025 IBEW MOU is approximately $188,697.68 for Fiscal Year 2022-23. Sufficient funds are available in the salary and benefit accounts for the Public Utilities Department. Funding for future years will be included in future proposed budgets. Attachments: 1. Resolution No. 2022-30 2. 2022-2025 IBEW MOU (Redline) RESOLUTION NO. 2022-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING THE MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF VERNON AND THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 47 FOR THE PERIOD OF JULY 1, 2022 THROUGH JUNE 30, 2025 SECTION 1. Recitals. A. The International Brotherhood of Electrical Workers Local 47 (IBEW) has been recognized as an employee organization pursuant to Resolution No. 4027. B. On September 3, 2019, the City Council of the City of Vernon adopted Resolution No. 2019-37 approving a Memorandum of Understanding by and between the City and the IBEW for the period of July 1, 2019 through June 30, 2022. C. The City and IBEW have concluded labor negotiations regarding wages, benefits and working conditions for the period of July 1, 2022 through June 30, 2025. D. Representative members of the IBEW and the City have agreed to execute a Memorandum of Understanding (MOU) setting forth certain terms and conditions for employment of City of Vernon employees in classifications represented by IBEW, for the period of July 1, 2022 through June 30, 2025 (2022-2025 MOU). E. The City Council desires to approve the 2022-2025 MOU. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 3. The City Council of the City of Vernon hereby approves the Memorandum of Understanding between the City of Vernon and the International Brotherhood of Electrical Workers Local 47, in substantially the same form attached hereto as Exhibit A. SECTION 4. The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever action is 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 nonsubstantive changes to the 2022-2025 MOU attached herein. SECTION 5. The City Council of the City of Vernon hereby directs the City Clerk, Resolution No. 2022-30 Page 2 of 70 _______________________ or the City Clerk’s designee, to send a fully executed 2022-2025 MOU to Stan Stosel, IBEW Local 47 Senior Assistant Business Manager. SECTION 6. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. APPROVED AND ADOPTED this 2nd day of August, 2022. ________________________ LETICIA LOPEZ, Mayor ATTEST: ____________________________ LISA POPE, City Clerk (seal) APPROVED AS TO FORM: _____________________________ ZAYNAH N. MOUSSA, City Attorney 1 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 47 July 1, 2022 through June 30, 2025 Resolution No. 2022-30 Page 3 of 70 ________________________ 2 TABLE OF CONTENTS MEMORANDUM OF UNDERSTANDING Preamble ............................................................................................................................... 6 ARTICLE ONE: FUNDAMENTALS Section 1: Recognition ............................................................................................... . 7 Section 2: No Discrimination ....................................................................................... 7 Section 3: No Strikes or Lockouts ................................................................................. 7 Section 4: City/Union Meetings ................................................................................ .. 7 Section 5: Union Business ............................................................................................ 7 Section 6: Management Rights ...................................................................................... 9 Section 7: Employee Rights ........................................................................................... 10 ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE& TERM Section 1: Legal Limitations and Savings Clause ........................................................ . 11 Section 2: Term ............................................................................................................. .11 Section 3: Maintenance of Existing Conditions ............................................................. 11 Section 4: Modification and Waiver ............................................................................... 12 Section 5: Severability .................................................................................................... 12 ARTICLE THREE: ORGANIZATIONAL SECURITY Section 1: Organizational Security ................................................................................. 13 Section 2: Contracting Out Provision ............................................................................. 13 ARTICLE FOUR: COMPENSATION Section 1: Salaries .......................................................................................................... 14 Section 2: Merit Steps ................................................................................................... 14 Section 3: Temporary Upgrade Pay – Special Assignment ......................................... . 14 Section 4: Bilingual Pay ................................................................................................. 15 Resolution No. 2022-30 Page 4 of 70 ________________________ 3 Section 5: Longevity Pay ................................................................................................ 15 Section 6: Promotions .................................................................................................. .. 16 Section 7: Reclassification .............................................................................................. 16 ARTICLE FIVE: OVERTIME Section 1: Overtime Authorization ................................................................................. 17 Section 2: Overtime Compensation ............................................................................... 17 Section 3: Compensatory Time ..................................................................................... . 17 Section 4: Call Backs ................................................................................................... . 19 ARTICLE SIX: UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT Section 1: Uniforms ...................................................................................................... . 20 Section 2: Safety Boot/Shoe Allowance ....................................................................... . 20 ARTICLE SEVEN: HEALTH AND WELFARE BENEFITS Section 1: Medical .......................................................................................................... 21 Section 2: Cafeteria Plan ................................................................................................. 21 Section 3: Dental ......................................................................................................... .. 22 Section 4: Vision ............................................................................................................ 22 Section 5: Life Insurance ................................................................................................ 22 Section 6: Deferred Compensation ................................................................................. 22 Section 7: Other City Employee Programs ................................................................... . 23 ARTICLE EIGHT: RETIREMENT Section 1: P.E.R.S. ........................................................................................................ 23 Section 2: P.E.R.S. Supplemental Plans ......................................................................... 24 Section 3: Retiree Medical .............................................................................................. 25 Resolution No. 2022-30 Page 5 of 70 ________________________ 4 ARTICLE NINE: HOLIDAYS Section 1: Holidays ....................................................................................................... . 27 Section 2: In-Lieu Holidays ............................................................................................ 28 ARTICLE TEN: VACATION Section 1: Vacation Leave. .............................................................................................. 29 Section 2: Vacation Accumulation .................................................................................... 29 Section 3: Scheduling of Vacation ..................................................................................... 30 ARTICLE ELEVEN: SICK LEAVE Section 1: Sick Leave. ...................................................................................................... 31 Section 2: Family Sick Leave ............................................................................................ 32 ARTICLE TWELVE: LEAVE BENEFITS Section 1: Jury Duty ......................................................................................................... 33 Section 2: Military Leave of Absence ................................................................................ 33 Section 3: Bereavement Leave ........................................................................................... 33 ARTICLE THIRTEEN: WORK SCHEDULE AND WORKING CONDITIONS Section 1: Provisions ......................................................................................................... 35 Section 2: 4/10 Work Schedule .......................................................................................... 35 Section 3: DuPont Schedule ............................................................................................... 35 Section 4: Standby Policy .................................................................................................. 36 Section 5: Performance Evaluations .................................................................................. 37 Section 6: Probation ......................................................................................................... 38 ARTICLE FOURTEEN: GRIEVANCE PROCEDURE Grievance Procedure ................................................................................................................. 41 ARTICLE FIFTEEN: DISCIPLINE PROCEDURE Discipline Procedure ................................................................................................................. 44 Resolution No. 2022-30 Page 6 of 70 ________________________ 5 ARTICLE SIXTEEN: JOINT LABOR MANAGEMENT COMMITTEE Joint Labor Management Committee ........................................................................................ 48 SIGNATURE PAGE Signatures ........................................................................................................................... .. 49 Resolution No. 2022-30 Page 7 of 70 ________________________ 6 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (IBEW) PREAMBLE This Memorandum of Understanding (“MOU”) is entered into with reference to the following facts: A. Representatives of management for the City of Vernon (hereafter “City”) and representatives of the International Brotherhood of Electrical Workers, Local # 47 (hereafter “Union”) have met on a number of occasions and have conferred in good faith exchanging proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employee/members represented by the Union in the Utility Unit. B. The management representatives and the representatives of the Union have reached an understanding as to certain recommendations to be made to the City Council for the City of Vernon and have agreed that the parties hereto will jointly urge said Council to adopt one or more resolutions which will establish the provisions regarding wages, hours, fringe benefits and other terms and conditions of employment contained in these joint recommendations. C. This MOU incorporates, contains and represents all of the terms and conditions agreed upon by both parties as of July 1, 2022. Any previous agreements/practices which are contrary to the language in this MOU shall be null and void. THEREFORE, the representatives of the City and the Union agree as follows: The parties hereto have jointly recommended to the City Council of the City of Vernon that one or more salary resolutions be adopted effectuating the following provisions related to salaries, fringe benefits and other terms of employment for IBEW Union members. Resolution No. 2022-30 Page 8 of 70 ________________________ 7 ARTICLE ONE FUNDAMENTALS Section 1: Recognition The City recognizes the International Brotherhood of Electrical Workers, Local 47 (“Union”) as the certified majority representative of the employees, comprised of Addendum A, as the exclusive representative of the employees for purposes of collective bargaining for all terms and conditions within this Memorandum of Understanding. Section 2: No Discrimination The provisions of this Memorandum of Understanding shall be applied equally to all employees covered hereby. Neither the City nor the Union shall discriminate against any individual, or employee with respect to his/her compensation, terms, condition, or privileges of employment or because of an individual’s race, color, sex, religion, national origin, age, marital status, disability, pregnancy, sexual orientation, political or religious opinions or affiliations, or membership or non- membership in the Union. Section 3: No Strikes or Lockouts Both the City and the Union recognize the continuing obligation to provide electrical, gas and water service to the City of Vernon. Accordingly, during the term of this agreement, the Union, its officers, agents, representative and/or members agree they will not cause, condone or participate in any strike, walk out, work stoppage, job action, slowdown or sickout, including compliance with a request of other labor organizations to engage in any or all of the preceding activities. During the term of this agreement, the City agrees it will not lockout employees represented by the Union. Section 4: City/Union Meetings Representatives from the Union and the City shall meet as needed to discuss issues of mutual concern. Section 5: Union Business A. Access to Facilities Except as specifically identified in Section C below, all Union business will be conducted by employees and Union representatives outside of established work hours. Resolution No. 2022-30 Page 9 of 70 ________________________ 8 Nothing herein shall be construed to prevent a Union representative or an employee from contacting the Human Resources Director or other management representatives regarding personnel related matters during work hours. The authorized Union Business Agent shall be given access to work locations during working hours provided that prior to visiting any work location the Union representative shall: Obtain authorization for the visit from the Human Resources Director or designee. In the event the requested time and/or location of such visit by the Union Business Agent is denied because it would interfere with the operations of the department, the Human Resources Director or designee shall consult with the Union Business Agent regarding availability and set an alternative time and/or location for such visit within seventy-two (72) hours of the request. The Union may schedule meetings in the City facilities at such times these facilities are not in use by submitting a written request to the Human Resources Director or designee, which shall include the date, time, and number of people expected. Approval will be granted in the same manner as it is granted to other organizations. B. Shop Stewards The City agrees to recognize up to three (3) Stewards appointed by the Union. The Union shall notify the City in writing of the names of each Steward. C. Union Business The Stewards shall be allowed release time during their regular work hours to conduct Union related business as necessary provided it does not unreasonably interfere with the Stewards’ and/or employees’ regular work duties. If a Steward must leave his/her work location to conduct Union related business, he/she shall first obtain authorization from his/her supervisor to do so. Authorization to leave will be granted unless such absence would be unreasonable. If such authorization cannot be granted promptly, the Steward will be informed when time can be made available. To the extent reasonable and compatible with City operational needs, such time will not be more than forty-eight 48 hours, excluding scheduled days off and/or legal holidays, after the time of the Steward’s request unless otherwise mutually agreed upon. For purposes of this section, “Union Business” shall include grievance investigations, meetings with management called by management or the Steward, investigatory meetings where an employee has requested a Steward, contract/MOU negotiations, meetings with Human Resources involving personnel or labor relations matters, council meetings, health insurance committee meetings, and meetings of any other committees established by the City that involve matters directly pertaining to the bargaining unit with regard to said committees. Any Steward seeking leave time for Union business for tasks not listed in this section shall obtain authorization from the Human Resources Director or designee. The City agrees to allow all employees of the bargaining unit paid release time to attend a Union meeting on site at the City up to twice per year, up to one 1 hour per meeting. The City agrees to provide a total of 3 days (up to 36 hours) of paid release time per year for Resolution No. 2022-30 Page 10 of 70 ________________________ 9 employees selected by the Union to attend a Union-sponsored Steward seminar or training located in Southern California. The Union shall provide the City at least ten (10) calendar days prior written notice of the request to release the selected employees for the seminar. Such request shall include the date and start/end time of the seminar. City vehicles may be made available upon request subject to availability and the City’s vehicle use policy. Release time as provided for in any of the above sections shall not result in the City incurring any overtime. Section 6: Management Rights The City retains all of its exclusive rights and authority under Federal and State Law and the City Code, and expressly and exclusively retains its management rights, which include, but are not limited to:  The exclusive right to determine the mission of its constituent departments, commissions, and boards;  Set standards and levels of service; and to expand or diminish services;  Determine the procedures and standards of selection of employment and promotions;  Direct its employees;  Establish and enforce dress and grooming standards;  Relieve its employees from duty because of lack of work or other lawful reasons subject to the layoff procedure set forth in this memorandum of understanding;  Maintain the efficiency of government operations;  Determine the methods, means numbers, and kinds of personnel by which government operations are to be conducted;  Determine the content and intent of job classifications;  Determine methods of financing;  Determine style and/or types of City issued wearing apparel, equipment, or technology to be used;  Determine and/or change facilities, methods, technology, means, organizational structure, size, and composition of the work by which the City operations are to be conducted;  Determine and change the number of locations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right Resolution No. 2022-30 Page 11 of 70 ________________________ 10 to contract for or subcontract any work or operations of the City subject to the Contracting Provision set forth in this memorandum of understanding;  To assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice;  Establish and modify productivity and performance programs and standards;  Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for cause in accordance with applicable laws and with the provisions of this MOU, and in accordance with Article XV – Discipline Procedure.  Take all necessary actions to carry out its mission in emergencies; and  Exercise complete control and discretion over its organization and the technology of performing its work. The Union expressly and specifically agrees that except to the extent that the City’s rights are expressly limited by the terms of this Agreement, the Union waives any and all of its rights to meet and confer on any of the City’s rights; provided, however, that if the exercise of these rights impacts wages, hours, or terms and conditions of employment, the City will meet and confer on the effect of its actions. This will occur prior to implementation except in emergency circumstances as defined in law. The agreement to meet and confer over the effect of the exercising of a City right shall not in any way impair the right of the City to exercise and implement any of its rights. Section 7: Employee Rights The City and Union mutually recognize and agree to fully protect the rights of all employees covered by this MOU to join and participate in the activities of the Union and corresponding rights of covered employees to refrain from joining and participating in the activities of the Union. The City agrees that no employee shall be interfered with, intimidated, restrained coerced or discriminated against because of the exercise of these rights. Resolution No. 2022-30 Page 12 of 70 ________________________ 11 ARTICLE TWO LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM Section 1: Legal Limitations and Savings Clause It is understood and agreed that this Memorandum of Understanding (including, but not limited to, the provisions of the Fair Labor Standards Act) and any and all Resolutions or Ordinances adopted in implementation thereof are and shall be subject to all present and future applicable federal and state laws and regulations and shall be effective and implemented only to the extent permitted by such laws and regulations. If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in implementation thereof is in conflict or inconsistent with any such applicable provisions of federal and state laws or regulations or otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded, and such applicable laws and regulations and the remainder of this Memorandum of Understanding shall not be affected thereby and shall remain in full force and effect. The parties further agree to meet and confer for purposes of negotiating an alternative to any provision declared invalid or unenforceable. Section 2: Term (a) Except as otherwise provided herein, this Memorandum of Understanding shall be in full force and effect from July 1, 2022, and shall remain in full force and effect up to and including midnight, the 30th day of June 2025, or until the next Memorandum of Understanding becomes effective. (b) This Memorandum of Understanding shall be binding on the City and the Union when approved and adopted by the City Council. Except as otherwise provided in Article IV, Section F, herein, the City and the Union agree to submit proposals for any changes related to wages, benefits and/or other terms of and conditions of employment affecting this Memorandum of Understanding between February 1, 2025 and March 1, 2025. Section 3: Maintenance of Existing Conditions Any employment policy, practices and/or benefits, including the alternative workweek schedule and overtime compensation are incorporated into this Memorandum of Understanding, unless otherwise stated herein. In the event of a conflict between the Memorandum of Understanding and an existing policy and/or practice, this Memorandum of Understanding shall govern. Resolution No. 2022-30 Page 13 of 70 ________________________ 12 Section 4: Modification and Waiver The City reserves the right to add to, delete from, amend or modify the Administrative rules, the City Municipal Code, and the City’s Personnel Policies and Procedures Manual during the term of the Memorandum of Understanding, subject to the requirements of the Meyers-Milias-Brown Act. Section 5: Severability In the event that a court finds any provision(s) of this Memorandum of Understanding to be invalid or unenforceable, the parties intend that the remaining provisions remain in effect. The parties further agree to meet and confer for purposes of negotiating an alternative to any provision declared invalid or unenforceable. Resolution No. 2022-30 Page 14 of 70 ________________________ 13 ARTICLE THREE ORGANIZATIONAL SECURITY Section 1: Organizational Security Upon receipt of written certification from the Union of an employee’s voluntary authorization for the deduction, the City shall deduct and remit to the Union the Union’s initiation fee and periodic dues for members of the Union. Should there be a dispute regarding the existence or terms of the authorization for deduction of dues and/or fees, the Union shall provide the City with a copy of the authorization(s) signed by the employee. Dues and/or fees withheld by the City shall be transmitted to the Union Officer designated in writing by the Union as a person authorized to receive such funds, at the address specified. Dues and/or fees shall be deducted from the first and second paycheck of each month and remitted to the Union by the last business day of the month. The City shall not deduct money specifically earmarked for a PAC or other political activities unless such deduction is affirmatively, separately and specifically authorized in writing by the unit member. The Union shall keep an adequate itemized record of its financial transactions and shall make available annually to the City and, upon request, to the employees who are members of the unit, within sixty (60) days after the end of its fiscal year, a detailed written financial report in the form of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or principal officer, or by a certified public accountant. A copy of financial reports required under the Labor-Management Disclosure Act of 1959, or Government Code section 3546.5, shall satisfy this requirement. The Union shall provide protection to the City by indemnifying, defending and holding the City harmless from and against all claims and liabilities as a result of any loss, claim, liability or cause of action arising out of the operation of this article. Section 2: Contracting Out Provision The City and the Union share a common interest in maintaining the stability and the security of the City’s workforce. As such, the City agrees to notify the Union prior to any decision to contract with an outside party if such contracting out will have a significant, long-term impact on work performed by employees in classifications represented by the Union. Such notification will be given before a decision to contract out is made, and the Union will have an opportunity to comment prior to a determination by the City to enter into contracting arrangements. If such contracting out will result in potential layoff of any unit member(s), the City shall meet and confer over the impact and effect such contracting out will have on the membership. This provision shall not apply to contracts already established at the time this MOU is adopted. Resolution No. 2022-30 Page 15 of 70 ________________________ 14 ARTICLE FOUR COMPENSATION Section 1: Salaries A. Effective July 31, 2022, the base salaries for represented classifications shall be increased three percent (3%). B. Effective the first full pay period in July of each subsequent year during the term of the agreement, the base salaries for represented classifications shall be increased three percent (3%). C. Attached as “Addendum B” is a listing of the IBEW represented positions and the hourly, monthly or annual salaries of each classification. It is understood that the information listed in Addendum B may become outdated during the term of this Agreement. Section 2: Merit Steps A. Employees who are not at the top step of their Classification Compensation Plan shall move to the next step on the Plan, if the employee achieved an overall “above average” as of their immediately preceding annual performance evaluation (s). B. The merit salary advances earned during the fiscal year shall go into effect at the beginning of the first full pay period of the fiscal year. C. The effective date of these merit salary advances (described in Section B above) shall not alter the employee’s actual classification anniversary date. Section 3: Temporary Upgrade Pay – Special Assignment Employees assigned to the Electric Operations Group and Generation Group, who in the discretion of the Department Head or his/her designee, are authorized to assume the duties of a higher level position and who are temporarily assigned by the Department Head or his/her designee to perform the duties of said higher level position shall receive a temporary Utilities Systems Operation Premium (USOP) increase of five percent (5%) after a total of three (3) hours worked in the higher class within an assigned shift, retroactive to the first hour for those hours worked in the higher classification. An employee will not be reassigned for the purpose of avoiding the USOP within an assigned shift. The department head shall post a list of employees who are determined to be qualified for temporary upgrade. The list shall contain the title of each classification in which the employee is deemed eligible to perform at the higher level position. The employee shall have the option to decline the temporary upgrade. Resolution No. 2022-30 Page 16 of 70 ________________________ 15 Section 4: Bilingual Pay An employee may be eligible to be compensated for bilingual pay if his/her regular job duties as described in his/her job description provide for interaction with the public on a regular basis. Employee must demonstrate proficiency in speaking Spanish (the ability to read and write in Spanish may also be tested if necessary). Proficiency would be determined by successful completion of a proficiency test as determined by the Human Resources Department. Those employees who successfully demonstrate this skill would be eligible to receive an additional $275.00 per month for bilingual pay. Section 5: Longevity Pay A. Employees Hired on or Before June 30, 1994 Five (5) Years of Service All eligible employees who have five (5) years of consecutive uninterrupted service on or before July l, 1986, shall receive an additional five percent (5%) per month of their base salary effective July l, 1986, and every year thereafter until reaching the next step. Employees upon reaching their 5th anniversary date after July 1, 1986, shall be entitled to said five percent (5%) per month upon said anniversary date. Ten (10) Years of Service All eligible employees who have ten (10) years of consecutive uninterrupted service on or before July 1, 1987, shall receive an additional ten percent (10%) per month of their base salary effective July 1, 1987, and every year thereafter until reaching the next step. Employees upon reaching their 10th anniversary date after July 1, 1987, shall be entitled to said ten percent (10%) per month upon said anniversary date. Fifteen (15) Years of Service All eligible employees who have fifteen (15) years of consecutive uninterrupted service on or before July 1, 1988, shall receive an additional fifteen percent (15%) per month of their base salary effective July 1, 1988, and every year thereafter until reaching the next step. Employees upon reaching their 15th anniversary date after July 1, 1988, shall be entitled to said fifteen percent (15%) per month upon said anniversary date. Twenty (20) Years of Service All eligible employees who have twenty (20) years of consecutive uninterrupted service on or before July 1, 1989, shall receive an additional twenty percent (20%) per month of their base salary effective July 1, 1989, and every year thereafter. Employees upon reaching their 20th anniversary date after July 1, 1989, shall be entitled to said twenty percent (20%) per month upon said anniversary date. Resolution No. 2022-30 Page 17 of 70 ________________________ 16 B. Employees Employed On or After July 1, 1994 and before December 31, 2013. The longevity program described in this Section will apply to all employees employed on or after July 1, 1994, and before December 31, 2013. Five (5) Years of Service All eligible employees who are employed on or after July 1, 1994, and before December 31, 2013, who attain five (5) years of consecutive uninterrupted service shall receive an additional five percent (5%) per month of their base salary. Such employees upon reaching their 5th anniversary date shall be entitled to receive said five percent (5%) per month upon said anniversary date. Further, such employees will not be entitled to receive any additional percentage increase to their base salary for further service. This subsection shall only apply to employees hired on or after July 1, 1994, and before December 31, 2013. Section 6: Promotions Upon promotion, employees will be placed at the step within the grade for the position which results in at least a five percent (5%) increase, except that such increase cannot extend beyond the top step of the range. Please refer to Personnel Policy II-3, Salary Plan Administration for specific terms and policy. Section 7: Reclassification In any case where a position is reclassified to a class with a salary grade having a higher maximum salary rate, and the incumbent meets the minimum qualifications for the new class, and is in fact performing the full range of duties and responsibilities of the new classification, the incumbent shall be placed at the step within the new salary grade that is closest to his/her current salary and that would provide a minimum of a five percent (5%) increase, not to exceed the maximum of the grade. Consideration of the reclassification recommendation shall be based on competitive conditions and the City’s ability to pay and shall be subject to approval by the City Council. Please refer to Personnel Policy II-2, Reclassification Plan for specific terms and policy. Resolution No. 2022-30 Page 18 of 70 ________________________ 17 ARTICLE FIVE OVERTIME Section 1: Overtime Authorization All overtime requests must have prior written authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Where verbal authorization is obtained, written authorization must be obtained as soon thereafter as practicable. Section 2: Overtime Compensation Employees will be paid overtime at time and a half (1.5) of their regular hourly rate for all eligible hours worked in excess of forty (40) hours in a single workweek. For Operations and Generations personnel regularly assigned to a 4/10 work schedule, employees shall be paid overtime at the double-time rate of pay for hours worked in excess of 14 consecutive hours in a shift. Employees regularly assigned to the 12-hour rotating Dupont schedule shall be paid at the double- time rate of pay for all hours worked in excess of 16 hours in a shift. Holidays (regular, in-lieu and floating), sick time, vacation time, compensatory time, paid jury duty leave, and bereavement leave shall count as time worked for the purposes of computing overtime. Union leave, unpaid jury leave, disciplinary suspensions, and administrative leave shall not count as time worked for the purpose of computing overtime. Section 3: Compensatory Time In lieu of cash payment, an employee may request compensatory time for overtime worked. Accrual of compensatory time shall be limited at any point in time to a maximum of sixty (60) normal working hours. Compensatory time shall be calculated by multiplying the number of overtime hours worked by the appropriate factor of 1.5 or 2 times the regular hourly rate. A. Planned overtime shall be compensated as mutually agreed upon in advance by employee and employer. B. Scheduling of compensatory time requires prior management approval and must be preceded by a ten (10) day notice of intended use from the employee. Management may waive the ten (10) day notice in cases of emergency. Compensatory time off may be taken Resolution No. 2022-30 Page 19 of 70 ________________________ 18 only in 15 minute increments. The ten (10) day notice requirement shall not apply to attendance at funerals; the employee will notify management as soon as the need to be absent for a funeral is known. Resolution No. 2022-30 Page 20 of 70 ________________________ 19 Section 4: Call Backs Emergency call back duty occurs when an employee is requested to report to duty on a non-regularly scheduled work shift. Emergency call back policy is applicable when an employee is requested to return to work after the employee’s work day is completed and/or prior to when the employee is scheduled to begin his/her shift. Emergency call back does not occur when an employee is held over from his/her prior shift or is working planned overtime. An employee called back to duty shall be credited with a minimum of four hours of work at the applicable overtime rate. Any hours worked in excess of four hours shall be credited for actual time worked at the applicable rate. During emergency call back, any paid sick leave hours taken during that week shall be counted as hours worked for the purpose of computing overtime. If the employee is called back to duty, his/her work time shall be credited commencing when the employee reports to work and shall conclude when the employee leaves work. For Operations and Generations personnel regularly assigned to a 4/10 work schedule, employees shall be paid overtime at the double-time rate of pay for hours worked in excess of 14 consecutive hours in a shift. Employees regularly assigned to the 12-hour rotating Dupont schedule shall be paid at the double- time rate of pay for all hours worked in excess of 16 hours in a shift. Resolution No. 2022-30 Page 21 of 70 ________________________ 20 ARTICLE SIX UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT Section 1: Uniforms The City shall provide uniforms in accordance with departmental policy to all personnel who are required to wear uniforms while on duty. Uniforms issued by the City are considered as compensation and the value of such is reported to the Public Employees’ Retirement System annually as special compensation. Section 2: Safety Boot/Shoe Allowance The City will provide a safety boot/shoe allowance of $200.00 payable in January of each year of the contract for those employees required to wear safety boots/shoes. The boots/shoes purchased must be appropriate to the employee’s job classification and must meet applicable CAL-OSHA regulations and City/Departmental policies. Employees hired after January 1st will be eligible for a pro-rated amount as follows: Hired, Promoted, or Reclassified on or between: Safety Boot/Shoe Allowance January 1 – March 31 $200 April 1 – June 30 $150 July 1 – September 30 $100 October 1 – December 31 $50 Employees receiving the boot/shoe allowance are required to wear the prescribed boots/shoes at all times while in the field or as required. Employees must maintain boots/shoes in proper condition to ensure employee safety. The City reserves the right to determine if the boot or shoe is appropriate to job classification in conformance with applicable CAL-OSHA regulations and City/Departmental policies. Resolution No. 2022-30 Page 22 of 70 ________________________ 21 ARTICLE SEVEN HEALTH AND WELFARE BENEFITS Section 1: Medical The City offers various medical plans to employees. The City reserves the right to select, administer, or fund any fringe benefit programs involving insurance that now exist or may exist in the future. The City shall meet with the Union prior to any change of insurance carrier or method funding coverage for any fringe benefits listed in this article. Section 2: Cafeteria Plan The City and Union agree to a section 125 cafeteria plan (non-cashout), for this bargaining unit effective July 1, 2016. The City will adhere to the cafeteria plan requirements in accordance with IRS Section 125 regulations. The City shall provide to each employee in this bargaining unit a monthly allowance toward the cost of his/her medical plan as outlined in Subsection A through C below. In the event an employee does not exhaust nor exceed his/her monthly medical allowance, the employee shall be allowed to apply any unused portion towards the purchase of dental, vision, supplemental or ancillary plans offered through the City and approved by the Director of Human Resources. A. Effective July 1, 2016, the City shall provide a contribution equal to the total premium costs of Employee-Only, Employee + Spouse, Employee + Child(ren), or Employee + Family lowest-cost HMO, lowest-cost Dental DMO, and lowest cost vision plan that corresponds with the employees’ benefit selection. Employees who elect a health plan whose premium cost is higher than the Low HMO medical, dental and vision, will be responsible for any applicable excess premium costs. However, if an employee opts out of dental and/or vision coverage, then they may use these allotments for those respective coverages to pay towards the excess medical premiums. The City understands that the allotment amounts will vary based on the premium costs that go into effect on January 1 of each calendar year of the term of this Agreement. B. During the term of this Agreement, Employees will be allowed to opt in to the Employee + Family plan during any open enrollment period or upon a qualifying event as prescribed and defined by the City’s insurance provider. C. For Employees electing Employee-Only, Employee + Spouse or Employee + Child(ren) plans, the maximum contribution by the City shall be either the amount set forth in Section A or $1120, whichever is greater. For employees enrolled in the PPO/HSA plan, the City shall pay up to 100% of the monthly cost of the plan for employees and eligible Resolution No. 2022-30 Page 23 of 70 ________________________ 22 dependents, not to exceed $870 per month. In addition, for each employee enrolled in a PPO/HSA plan, annually the City shall make lump sum contributions to a health savings account (HSA) as follows: $1,500 in January, and $500 each in March, June, and September. The cost of any PPO/HSA plan selected by the employee that exceeds $870 shall be paid by the employee through a pre-tax payroll deduction. Employees who are military veterans who receive medical coverage through the Veterans Administration (VA) shall be exempt from the requirement to enroll in the City’s medical plan. Employees who have medical coverage through the VA shall still be entitled to enroll in the City’s dental, vision insurance and to purchase other supplemental benefits up to the amount they would have received for their elected VA medical coverage tier. For example, if an employee who receives medical insurance through the VA elects Employee Only medical coverage tier, then he or she is eligible to receive cafeteria benefit amount up to the lowest cost HMO employee only tier. Section 3: Dental: The City of Vernon provides a dental insurance plan to employees. In the event an employee does not exceed his/her monthly employer medical allowance, the employee shall be allowed to apply any unused portion toward the purchase of dental insurance for himself/herself and eligible dependents. The cost of any plan selected by the employee that exceeds his/her monthly employer medical allowance shall be paid by the employee through a pre-tax payroll deduction. Section 4: Vision The City of Vernon provides a vision care plan to employees. All premiums for vision coverage at each tier of coverage are to be deducted from the total monthly city contribution for Medical, Dental and Vision coverage. In the event an employee does not exceed their monthly employer medical allowance, the employee shall be allowed to apply any unused portion towards the purchase of additional provided coverage for vision care. Section 5: Life Insurance The City provides life insurance up to $20,000 in coverage to employees. The City shall pay 100% of the cost of such plan for employees. The City’s agreement to pay full or partial costs of said premiums shall not create or ripen into a vested right for said employee. Section 6: Deferred Compensation Employees are eligible to participate in the City’s Deferred Compensation Program. Should the City adopt a resolution that allows employees to contribute accrued sick leave to deferred compensation contributions, the parties agree to re-open this provision to allow IBEW-represented employees to participate in such program. Resolution No. 2022-30 Page 24 of 70 ________________________ 23 Section 7: Other City Employee Programs Employees are eligible to participate in all City sponsored programs adopted by City Council Resolutions that are intended to benefit all employees in the areas including, but not limited to the following areas. Information on these policies and programs may be found using the link provided. • Computer purchase program https://www.cityofvernon.org/home/showpublisheddocument/824/637635968056100000 • Corrective eye surgery loan program https://www.cityofvernon.org/home/showpublisheddocument/1370/637635968698500000 • Flexible Spending Account https://www.cityofvernon.org/government/human-resources/benefits/current-employees/-folder-172 • Hearing aid device loan program https://www.cityofvernon.org/home/showpublisheddocument/1376/637635968710400000 • Education Assistance Program https://www.cityofvernon.org/home/showpublisheddocument/826/637635968096430000 • Court Time https://www.cityofvernon.org/home/showpublisheddocument/412/637618110854800000 ARTICLE EIGHT RETIREMENT Section 1: Public Employee Retirement System (“PERS”) The City shall maintain its contract with the California Employees Public Retirement System (PERS) that provides IBEW employees with 2.7% at 55 PERS retirement benefit plan. As a result of the recent passage of AB 340, Public Employee Pension Reform Act (PEPRA), new CalPERS members hired on or after January 1, 2013, who meet the definition of new member under PEPRA, shall be provided a 2.0% at 62 PERS retirement benefit plan. IBEW members shall be responsible for paying 100% of their PERS employee’s contributions. The City and Union agree to a reopener to discuss the impacts and effects if the applicable laws concerning PERS are amended during the term of this contract. The City makes no representation as to whether any of the compensation or payments in this Agreement are subject to CalPERS service credit or pensionable income. Employees/Union expressly acknowledge that any determination by CalPERS to not fully credit the compensation Resolution No. 2022-30 Page 25 of 70 ________________________ 24 and/or service time provided under this Agreement is not a proper basis on which to void the Agreement. Employees/Union further acknowledge that they will not pursue any claim or action against the City related to any determination made by CalPERS in connection with this Agreement. Effective August 20, 2019, in accordance with Government Code Section 20516(f) pursuant to a cost-sharing arrangement, all employees designated as “classic” employees and enrolled in the “classic” retirement benefit formula shall share the cost of the employer CalPERS contribution by paying an additional 1% of CalPERS reportable compensation for a total contribution of nine percent (9%). Effective July 5, 2020, in accordance with Government Code Section 20516(f) pursuant to a cost- sharing arrangement, all employees designated as “classic” employees and enrolled in the “classic” retirement benefit formula shall share the cost of the employer CalPERS contribution by paying an additional 1% of CalPERS reportable compensation for a total contribution of ten percent (10%). Effective July 4, 2021, in accordance with Government Code Section 20516(f) pursuant to a cost- sharing arrangement, all employees designated as “classic” employees and enrolled in the “classic” retirement benefit formula shall share the cost of the employer CalPERS contribution by paying an additional 1% of CalPERS reportable compensation for a total contribution of eleven percent (11%). Section 2: Supplemental PERS Retirement Benefits The City agrees to provide additional supplemental retirement benefits to IBEW employees under PERS as follows: • Gov’t Code Section: 20042 – (Classic Members Only) One Year Final Compensation • New employees hired on or after January 1, 2013 who meet the definition of new member under PEPRA shall receive 3 Year Average Final Compensation • Gov’t Code Section: 21024 – Military Service Credit as Public Service • Gov’t Code Section: 21548 – Pre-Retirement Option 2W Death Benefit • Gov’t Code Section: 21573 – Third Level of 1959 Survivor Benefits Resolution No. 2022-30 Page 26 of 70 ________________________ 25 Section 3: Retiree Medical A. The City will pay up to the amount equivalent to the then current, lowest cost, employee only HMO insurance premium for the City's m edical and/or dental insurance premium(s) for all full-time regular employees who retire at age sixty (60) or later, with at least twenty (20) years of continuous uninterrupted service. Retired employees will be permitted to enroll in a higher- cost plan and pay the amount in excess of the HMO equivalent. B. All full-time regular employees with at least thirty (30) years of continuous uninterrupted service who retire before the age of sixty (60) years will be permitted to pay their medical and/or dental insurance premiums, and, upon reaching the age of sixty (60), the City will pay up to the amount equivalent to the then current lowest cost, employee only HMO medical and/or dental insurance premium(s). C. Eligible retired employees may opt not to enroll in the City’s medical and/or dental insurance coverage and instead receive a monthly reimbursement payment equivalent to the then-current lowest cost City-offered Employee-only medical- HMO and/or dental HMO insurance premium. An eligible retired employee who chooses this option and later has no reimbursable expenses is still eligible to receive the reimbursement at a later time when he or she does have qualifying reimbursable expenses. Once an employee who has opted out reaches Medi-care eligibility, the retiree shall receive a monthly reimbursement equal to the then-current cost of supplemental coverage. Once a retired employee opts not to enroll in the City’s medical and/or dental insurance, he or she will not be allowed to re-enroll in the City’s health plans. D. All full-time regular employees, who retire with a minimum of ten (10) years of continuous uninterrupted service with the City may pay the premium(s) for medical and/or dental insurance. E. Current active employees as of July 1, 2022, who have had a break in service with the City shall receive credit for any previous full-time City of Vernon service for the purpose of determining eligibility for retiree medical benefits. F. All retiree medical and/or dental insurance benefits provided pursuant to subsections A, B, and C above, shall be for retired employees only and shall not include their spouses or other dependents. G. All retired employees who receive medical and/or dental insurance benefits pursuant to subsections A, B, or C above and who reach the age of sixty-five (65), are required to be enrolled in Medicare, and shall show proof of such enrollment, where upon the City's insurance policy will become supplemental coverage, if applicable. H. The City’s obligation to make any payment under the retiree medical benefits Resolution No. 2022-30 Page 27 of 70 ________________________ 26 program shall automatically terminate and cease upon the death of the retired employee. I. The offer of the retiree medical benefits is not a vested right for future years. Resolution No. 2022-30 Page 28 of 70 ________________________ 27 ARTICLE NINE HOLIDAYS Section 1: Holidays A. All full-time employees, excluding employees assigned to the 12-hour rotating shift (DuPont Schedule) or any Resource Scheduler and Mechanic, Lead on the Tuesday through Friday schedule, shall be provided with the following holidays with pay subject to the provisions below. 1. January 1st - New Year’s Day 2. The 3rd Monday in January – Martin Luther King, Jr. Day 3. The 3rd Monday in February – Presidents’ Day 4. March 31st – Cesar Chavez Day 5. The last Monday in May – Memorial Day 6. July 4th – Independence Day 7. The first Monday in September – Labor Day 8. The second Monday in October – Columbus Day 9. November 11th – Veterans Day 10. The 4th Thursday in November – Thanksgiving Day 11. December 24th – Christmas Eve 12. December 25th – Christmas Day 13. December 31st – New Year’s Eve 14. Such other days as may be designated as holidays by the City Council of the City of Vernon B. If an authorized holiday falls on a Sunday, the following Monday shall be treated as the holiday. Holidays falling on a Friday or Saturday, shall not be granted as an authorized holiday to employees. C. Temporary, and part-time employees are not eligible for paid holidays. D. An employee whose regular 4/10 shift assignment falls on an authorized holiday and who is required to work on that day shall be paid at his/her regular hourly rate of pay for the holiday, plus 2X (two times) his/her regular hourly rate of pay for the actual hours he/she was required to work on the authorized holiday. E. If New Year’s Day or Christmas Day falls on a Friday or Saturday, and the 4/10 employee is required to work on that day, he/she shall not receive holiday pay (as set forth in subsection B above), but shall be paid 2X (two times) his/her regular hourly rate of pay for the actual hours he/she was required to work on that day. F. Employees assigned to the 12–hour DuPont Schedule and the Tuesday through Friday Resource Scheduler and Mechanic, Lead schedule shall not be eligible for Holiday pay, but shall instead receive forty-eight (48) hours of In-Lieu Holiday time subject to the provisions below. Resolution No. 2022-30 Page 29 of 70 ________________________ 28 Section 2: In-Lieu Holiday Time A. An employee regularly assigned to the 12-hour rotating shift (DuPont Schedule) whose duties are such that he/she does not receive the benefits of regular legal holidays, shall be granted 60- hours of In-Lieu Holiday time effective July 1st of each fiscal year. B. An employee regularly assigned to the classification of Resource Scheduler and Mechanic, Lead, whose regular work schedule of Tuesday through Friday is such that he/she shall not receive the benefits of regular legal holidays of the City of Vernon, shall be granted 120-hours of In-Lieu Holiday time effective July 1st of each calendar year. C. Such In-Lieu Holiday time shall only be granted so long as said employee is on the active payroll of the Department. D. In -Lieu Holidays must be taken prior to June 30th of the fiscal year in which they are provided. Holidays may be taken as days off on dates desired by the employee subject to the approval of the Department Head or designee. E. Such In-Lieu Holidays not taken within the prescribed timeline, shall not be paid for unless the employee was continuously denied the opportunity to utilize them during the fiscal year for which such In-Lieu Holidays were granted. In that case only, the employee shall be paid for said In-Lieu Holidays not taken with his or her first payroll check on or after June 30th of the year in which the in-lieu holidays were granted, at his or her then regularly hourly rate of pay, excluding all other compensation computed in accordance with the applicable salary. F. An employee who resigns, retires, transfers into a 4/10 work schedule or is terminated shall not be entitled to any compensation for In-Lieu Holidays not taken unless previously denied. Resolution No. 2022-30 Page 30 of 70 ________________________ 29 ARTICLE TEN VACATION Section 1: Vacation Leave All full-time employees shall accrue vacation according to the following schedule: 4/10 Schedule: Continuous Years of Service Vacation Hours Earned Bi-Weekly Accrual 1st year thru 4th year 80 3.08 5th year thru 9th year 100 3.85 10th year thru 14th year 120 4.62 15th year thru 24th year 160 6.16 25th year and more 190 7.31 12-Hour Rotation Shift (DuPont Schedule): 1st year thru 9th year 120 4.62 10th year thru 14th year 160 6.16 15th year and more 160 + one week’s equivalent 6.16 salary on anniversary date and each anniversary date thereafter. Current active employees as of July 1, 2022, who have had a previous break in service with the City shall receive credit for any previous full-time City of Vernon service for the purpose of determining accrual of vacation leave. Section 2: Vacation Accumulation A. Accumulation and carry-over of vacation leave shall be limited to a maximum of the number of hours the employee was eligible to accrue during the immediately preceding year. In or about February of each year, employees shall be compensated for unused accrued vacation benefit in excess of the allowed accumulated amount referenced above. Cash-out monies may be taken as cash or may be contributed to the employee’s 457 deferred compensation account subject to the rules of the plan. B. No vacation leave shall be accumulated by employees while they are on an unpaid leave of absence or non-work related disability leave. C. In the event one or more City holidays fall within a vacation period, such holidays shall not be charged as vacation leave. D. Upon separation from City employment, compensation shall be paid for vacation leave which has been earned but not taken. Resolution No. 2022-30 Page 31 of 70 ________________________ 30 Section 3: Scheduling of Vacation A. Vacation leave shall be scheduled with the approval of the Department Director or his or her designee by submitting a Leave Request Form in writing, within ten business days before the beginning of the vacation. Vacation leave requests for extended times (3 weeks or more), unless an unforeseen emergency exists, shall be submitted at least thirty (30) days in advance of the beginning of the vacation. Vacations shall be approved subject to the needs of the department. The employee’s seniority and wishes will be factors that are considered during the scheduling process. Non-earned vacation leave shall not be allowed. B. Vacation leave requests shall not be in excess of such leave actually earned at the time it is requested or in excess of the regular scheduled workweek. Resolution No. 2022-30 Page 32 of 70 ________________________ 31 ARTICLE ELEVEN SICK LEAVE Section 1: Sick Leave Full-time Employees shall accrue up to 80 hours of sick leave per calendar year, at a rate of 3.08 of sick leave hours per pay period. If the full-time employee works, or is on regular paid status, less than a full year, the hours of sick leave will accrue on a pro rata basis. In accordance with the Healthy Workplaces, Healthy Families Act of 2014, beginning July 1, 2015, all part-time and temporary employees (excluding CalPERS retired annuitants) working for 30 or more days within a year shall be entitled to accrue paid sick days at the rate of one (1) hour per every 30 hours worked and shall be eligible to use accrued sick leave after satisfying a 90-day employment period. Employee shall only receive sick leave accrual while they are in a paid status. A. The City shall allow annual carry-over of sick leave hours up to a maximum accrual cap of 960 hours. This bank of carry-over would provide a cushion for longer-term illnesses and injuries. B. Employees will continue to accrue sick leave hours at the 80 hours per year rate, and any sick leave hours exceeding 960 will be compensated in or about February of each year at 50% of the employee’s hourly rate. Cash-out monies may be taken as cash or may be contributed to the employee’s 457 deferred compensation account subject to the rules of the plan. C. Sick leave shall be allowed only for actual illness or injury not arising out of and in the course of employment. If sick leave on account of illness or injury exceeds two (2) working days, the employee, prior to returning to work, shall submit a statement from a physician or a qualified medical professional approved by a physician, certifying that the employee's physical condition prevented the employee from performing the duties of said employee's position during the period of absence. All sick leave shall be approved by the department head. Notwithstanding the above, the City may require verification of sick leave use whenever it has reason to believe there is misuse, abuse or a pattern of abuse. D. Except as hereinafter provided, upon retirement or disability retirement pursuant to City Council approval, or under the State Employees' Retirement System or pursuant to the provisions of any applicable agreement between the City and a state retirement system, or upon death, accumulated and unused sick leave credit shall be paid on the following basis: a. If an employee resigns from the City with 20 years or more of continuous service, he/she will be compensated for all unused sick leave hours in his/her sick leave bank at the time of separation at 50% of his/her then current regular hourly rate of pay. b. If an employee retires from the City with 15 to 20 years of continuous service, he/she will be compensated for all unused sick leave hours in his/her sick leave Resolution No. 2022-30 Page 33 of 70 ________________________ 32 bank at the time of separation at 50% of his/her then current regular hourly rate of pay. If an employee retires from the City with more than 20 years of continuous service, he/she will be compensated for all unused sick leave hours in his/her/ sick leave bank at the time of separation at 100% of his/her then current regular hourly rate of pay. Section 2: Family Sick Leave (Kin Care) Employees may use in any calendar year the employee’s accrued and available sick leave entitlement, in an amount not more than the sick leave that would be accrued during six months at the employee’s then current rate of entitlement, for qualifying family illness as follows: Sick leave for family illnesses will be allowed only for the sickness of the spouse, children, mother, or father of the employee. In the case of joint custody of a child, illness of the child occurring at the other custodial parent’s house may also qualify. All family sick leave shall be approved by the department head. Resolution No. 2022-30 Page 34 of 70 ________________________ 33 ARTICLE TWELVE LEAVE BENEFITS Section 1: Jury Duty A. All regular full-time employees summoned to serve on jury duty shall be provided “Jury Duty Pay” and there shall be no loss of compensation. An employee will be compensated up to two weeks at full pay for jury duty. The employee must provide notice of the expected jury duty to his or her supervisor as soon as possible, but in no case later than 14 calendar days before the expected start date of the jury duty. B. An employee on call for jury duty is expected to report to work. An employee who is called in for jury duty does not have to report to work before or after appearing in court. All employees shall obtain verification of the hours of jury duty performed using verification forms as may be supplied by the court. Employees shall notify their supervisor on the day they are released from their jury duty obligations. C. Except as herein provided, employees shall remit to the City any compensation received for those days while on jury duty and shall receive regular pay for the time served. Employees shall be reimbursed by the City for the mileage portion of the jury duty compensation. Jury duty performed on an employee’s regular day off shall not be compensated by the City and the employee shall be entitled only to the jury’s compensation for duty performed on such employee’s regular day off. Employees assigned to jury duty on a City authorized holiday will be considered to have taken such a holiday and will receive regular holiday pay, but the employee shall be entitled to the jury compensation for duty performed on such holiday. D. For those employees working graveyard and swing shift, or other shifts starting at an early and/or late hour (i.e., 5:00 a.m. or 9:00 p.m.); Management shall reschedule the employee to a day shift with a start time ranging between 7:00 a.m. to 9:00 a.m. Monday thru Friday. This temporary reassignment shall be only for the duration of the jury duty. Reassignment of duties may also be made so that the employee may have more productive time prior to, and following release from, jury duty. Section 2: Military Leave of Absence Military leave shall be granted in accordance with the provisions of applicable federal and state law. Every employee entitled to receive the benefits of military leave shall give his/her Department Director the opportunity, within the limits of the law and military necessity, to determine when such leave shall be taken. Section 3: Bereavement Leave Permanent full-time employees, regardless of period of service, may in the event of death or if death appears imminent, of any “immediate family member” as defined below including the equivalent relatives of a registered domestic partner, be allowed up to the equivalent of four (4) work days (40 or 48 hours, based upon the employee’s regular work schedule) of bereavement leave without loss of salary. Resolution No. 2022-30 Page 35 of 70 ________________________ 34 Relative All Regular Employees Spouse 4 work days Child 4 work days Registered Domestic Partner 4 work days Step-Child 4 work days Parent 4 work days Step-Parent 4 work days Mother-in-law 4 work days Father-in-law 4 work days Step-Parent-in-law 4 work days Grandchild 4 work days Step-Grandchild 4 work days Grandparent 4 work days Grandparent-in-law 4 work days Brother 4 work days Sister 4 work days Step-Sister 4 work days Step-Brother 4 work days Daughter-in-law 4 work days Son-in-law 4 work days Brother-in-law* 4 work days Sister-in-law* 4 work days For purposes of this provision, “brother-in-law” and “sister-in-law” are defined as the brother-in-law or sister- in-law of the employee, or sibling of the employee’s spouse. Bereavement leave is paid over a maximum of seven (7) work days and is paid in thirty minute increments. The bereavement leave begins on the first regularly scheduled workday as requested by the employee. If the employee learns of the death while at work, he or she is entitled to leave work immediately; this partial day leave will not be counted towards the bereavement leave. Bereavement leave must be authorized by the Department Director and must be utilized within 15 days of employee learning of the death, or of the date of foreseen imminent death of the immediate family member, unless special circumstances require that the leave begin at a later date. Such requests to the Department Director shall be made within 15 days of the employee learning of the death or of the date of foreseen imminent death and shall not be unreasonably denied. Resolution No. 2022-30 Page 36 of 70 ________________________ 35 ARTICLE THIRTEEN WORK SCHEDULE AND WORKING CONDITIONS Section 1: Provisions The seven (7) day work period shall begin on Sunday at 12:00 a.m. and end on Saturday at 11:59:59 p.m. except as modified by management. In the event the City needs to adjust any work schedule, the City agrees that no such modification will be conducted without first notifying the effected employees a minimum of 10 days prior to the change unless agreed to by the effected employee(s) and the Director of Gas & Electric or designee. Section 2: 4/10 Work Schedule The City agrees to continue the 4/10 work schedule for employees assigned to work between Monday – Friday shifts. Section 3: DuPont Schedule The DuPont rotating shift plan provides 24/7 coverage of critical operational positions. This type of schedule has been utilized successfully in several United States industries in order to enhance workplace safety, provide additional rest for staff, decrease calls backs and allow for more shift coverage. 24-hour operation staff shall work a twelve-hour shift. Vernon Public Utilities Dispatchers, Electric Operators, Control Room Operators and Field Operators are assigned to these shifts. Section A: General Provisions The seven (7) day work period shall begin on Sunday at 12:00 a.m. and end on Saturday at 11:59:59 p.m. except as modified by management. In the event the City needs to adjust any work schedule, the City agrees that no such modification will be conducted without first notifying the effected employees a minimum of ten calendar days prior to the change unless agreed to earlier by the effected employee(s) and the Director of Public Utilities or designee. Day 1 of these Dupont schedules typically begin on a Monday but Day 1 can be any day of the week. At the end of the cycle, the entire sequence starts over. Crews are able to review schedules in advance for planning. Section B: DuPont 4 Schedule The DuPont 4 schedule consists of 4 crews rotating in 12 hour shifts day and night to provide 24/ 7 coverage. The DuPont 4 schedule consists of a 4-week cycle during which each team works as follows: Resolution No. 2022-30 Page 37 of 70 ________________________ 36 4 consecutive night shifts, followed by 3 consecutive days off duty; 3 consecutive day shifts, followed by 1 day off duty; 3 consecutive night shifts, followed by 3 consecutive days off duty; 4 consecutive day shifts, followed by 7 consecutive days off duty. Section C: Dupont 5 Schedule The DuPont 5 schedule consists of 5 crews rotating in 12 hour shifts day and night to provide 24/ 7 coverage. The DuPont 5 schedule consists of a 10-week cycle during which each team works as follows: 4 consecutive night shifts, followed by 3 consecutive days off duty; 3 consecutive day shifts, followed by 1 day off duty; 3 consecutive night shifts, followed by 3 consecutive days off duty; 4 consecutive day shifts, followed by 4 consecutive days off duty; 4 consecutive relief shifts (12 hours), followed by 6 consecutive days off duty; 4 consecutive night shifts, followed by 3 consecutive days off duty; 3 consecutive day shifts, followed by 1 day off duty; 3 consecutive night shifts, followed by 3 consecutive days off duty; 4 consecutive day shifts, followed by 4 consecutive days off duty; 3 consecutive relief shifts (12 hours), followed by 7 consecutive days off duty; Section 4: Standby Policy Stand-by time is that period of time other than the employee's regularly scheduled working hours when an employee, at the direction of his/her Department Head, is on standby duty. The Department Head shall post a list of employees who are determined to be qualified to perform stand-by-duty. The list shall contain the title of each classification in which the employee is deemed eligible to perform stand-by duty. The stand-by duty and period shall be defined by the Department Head. The stand-by list will be made available 72 hours, or as soon as practical, prior to the start of stand-by. 4/10 Schedule The stand-by rotation list for employees working the 4/10 work schedule will first be filled through volunteers from the respective classification, and then from volunteers from other classifications who are deemed eligible for stand-by in that classification. If there are no volunteers available, employees shall be involuntarily placed on stand-by status pursuant to a rotational plan within the respective classification from the list of employees qualified to perform stand-by duties. Resolution No. 2022-30 Page 38 of 70 ________________________ 37 DuPont Schedule The stand-by rotation list for employees working under the DuPont 4 or DuPont 5 Schedule will be filled through a mandatory rotation list during the employees’ day off-cycle. Unless it is determined an emergency or voluntary basis, it is not the City’s intent to place employees on stand- by during their scheduled 6 or 7-day off cycle under the DuPont 4 or DuPont Schedule. Stand-by duty employees are free to engage in personal business and activities. However, in order to be eligible for stand-by duty and pay, employees must: A. Be ready to respond immediately. B. Be reachable by City-issued cell phone. C. Be able to report to work within one (1) hour of notification. D. Refrain from activities that might impair their ability to perform assigned duties. This includes, but is not limited to, abstaining from the consumption of any alcoholic beverage and the use of any illegal drug or incapacitating medication. E. Respond to any call back during the assigned standby duty. Employees on stand-by shall receive two (2) hours of regular straight time compensation for each day that the employee is assigned stand-by. On City recognized Holidays, employees on stand-by will be compensated four (4) hours of straight time compensation. An employee assigned to stand-by who is not available to report may be subject to appropriate disciplinary action, unless he/she provides sufficient notice to his/her immediate supervisor of incapacity to respond prior to the call back so that appropriate arrangements can be made so that the stand-by duty is covered. Section 5: Performance Evaluations It is agreed that an employee is not required to sign his/her Performance Evaluation when first presented with it. The employee’s signature is an acknowledgment that the performance appraisal was discussed. The signature does not necessarily mean that the employee agrees with evaluation content. If there is a refusal to sign a performance evaluation, the supervisor shall note on the performance evaluation the refusal of the employee to sign. The employee may enter remarks in the space provided or attach a separate written response specific to the evaluation within ten calendar days of the employee’s receipt of the Performance Evaluation. An employee shall receive a copy of the performance evaluation and the department may place a copy in an internal file. Please refer to Personnel Policy IV-1, Performance Evaluations for detailed procedures and policy. Resolution No. 2022-30 Page 39 of 70 ________________________ 38 Section 6: Probation Probation is defined as a period of tentative appointment to a permanent-full-time position, during which competence and fitness for that position shall be judged from actual performance of the essential functions of the job. The probation period shall be considered a part of the selection process, affording the appointing authority an opportunity to evaluate those factors and qualities which may not have been determined by formal testing procedures. Before employees are appointed to their positions on a permanent, classified (i.e. non-at will) basis, such employees must satisfactorily complete a probation period. Failure to meet the performance standards for a position is not considered discipline. An employee serving a probationary period has no property interest in his or her position until the probationary period is successfully completed, and the employee is considered at-will during the probationary period. Probation required - Probationary periods shall be required for all appointments/promotions to regular full-time classified positions for: a. Initial hire into the City service b. Promotion in which an employee moves from a position in one class to a position in another class with a salary range having a higher maximum rate of pay c. External departmental transfer (except in case of transfer in lieu of layoff, or reorganization) d. Rehire, if more than 12 months have elapsed since voluntary separation Probation not required - Probationary periods shall not be required for: a. Appointments of a temporary, emergency, or of an "acting" nature b. Status change in which an employee has no change in duties and responsibilities as a result of changing the number of hours worked per week (e.g. moving between full-time and part-time) within the same classification and department (e.g. Administrative Assistant working 40 hours a week instead of 20 for the same department). In order for this section to apply, the employee must have worked in the classification 1040 hours to satisfy the 5-month probationary period or 2080 hours to satisfy the 12-month probationary period. c. Internal departmental transfer within the same classification d. Reclassification of position e. Internal or External department transfer in lieu of layoff or reorganization Resolution No. 2022-30 Page 40 of 70 ________________________ 39 f. Voluntary demotion (non-performance related or in lieu of discipline) Length of Probationary Periods a. General rule: Probationary periods shall be for 6 months of continuous service in that classification for general employees and 12 months of continuous services in that classification for safety employees. b. Calculation of start of period: The actual date set for purpose of calculating the start of the probation period shall be the first date of hire (for a new employee), and for other employees, the first date of the pay period for which the new classification applies (typically the first day of the pay period that starts after the new classification is announced). Extension of Probationary Periods An employee's initial probation may be extended, at the Department Head's discretion, if necessary, for a period not to exceed 6 months. The Department Head is encouraged to confer with the Human Resources Department prior to taking action. If extended, such action must be taken during the initial probationary period. Any extended period of absence from duty for 20 working days or more for any reason except scheduled vacations, shall automatically cause a probation period to be extended for a period equal to the period of absence. Performance Reviews Department Heads shall initiate performance evaluations on all probationary employees. These records may be considered in decisions related to employee's eligibility to continue employment during the probationary period. Status Upon Completion of Probation A permanent appointment to a position in the City service shall be made upon satisfactory completion of the probationary period. The Department Head shall draft appropriate documents to retain or not to retain a probationary employee. Upon being appointed to a position that is both regular and permanent, an employee has a property interest in the employee's job, thus giving the employee certain rights required by law. Separation During Probationary Period If at any time during the probationary period, including any probationary extension period, the appointing authority determines that the employee does not meet standards for the position, the employee shall be separated from the position without right of hearing or appeal. Employees who are discharged from probationary positions have the right to return to their former regular position with the City, if any. To have this right, the discharged employee must have held a Resolution No. 2022-30 Page 41 of 70 ________________________ 40 position with the City for which the employee had satisfactorily completed any probationary period. Except for safety personnel, the former position must be vacant with no incumbent occupying the position previously held by the employee. Resolution No. 2022-30 Page 42 of 70 ________________________ 41 ARTICLE FOURTEEN GRIEVANCE PROCEDURE Definition A grievance shall be defined as an allegation by an employee or the Union of misinterpretation, misapplication or violation of a particular provision of this MOU, City policy, rule or past practice. Days Days shall be defined for the purposes of this Article as any day in which the City Hall is open to the public for the general conduct of business. Step One - Immediate Supervisor Employees shall have the right to present their own grievance or do so through their Union representative. Grievances shall be processed on standard forms provided by the Department of Human Resources and shall contain information which (a) identifies the aggrieved, (b) contains the specific nature of the grievance, (c) indicates the time or place of its occurrence, if known, (d) states the article(s) of the MOU, City policy, rule or past practice which have been violated, misinterpreted or misapplied, (e) indicates the persons contacted at the informal stage, if applicable, and (f) states the corrective action desired. Grievances may be submitted via email, so long as the employee attaches the grievance form to the email by the required time line. If an employee includes attachments to the grievance form and those attachments are not included in the email or in-person submission, the City shall notify the employee that all attachments were not included and that the deadline for the City to respond to the grievance will not begin to run until all the attachments are received. Failure by management to reply to the employee’s grievance within the time limits specified automatically grants the employee the right to process the grievance to the next level. If an employee fails to appeal from one level to the next within the time limits established in this grievance procedure, the grievance shall be considered settled on the basis of the last decision and the grievance shall not be subject to further appeal or reconsideration. All the time periods specified in this procedure may be extended by mutual written (including email) consent of the aggrieved employee(s), Union representative and the designated management representative. Informal Procedure Within eight (8) days of the date the employee(s) knew or reasonably should have known of the incident giving rise to the grievance, the employee may discuss the complaint with his/her immediate supervisor. Employees are encouraged to discuss complaints with their immediate supervisor in an attempt to resolve the grievance at the lowest possible step. An employee, at his or her sole discretion, may opt to skip the Informal Procedure resolution process Resolution No. 2022-30 Page 43 of 70 ________________________ 42 and instead go directly to Step One. If an employee chooses to proceed with the Informal Procedure, he/she or their union representative shall inform the Human Resources Director, within one day of initiating the Informal Procedure, that he/she has initiated the Informal Procedure and the date the informal grievance was first discussed with his/her supervisor. Within eight (8) days of the discussion with the employee, the supervisor shall verbally respond to the employee’s complaint. If the employee is dissatisfied or if the supervisor fails to respond, the employee shall have access to the formal process described below. Formal Procedure Step One - Immediate Supervisor Within the time period referenced above or, if the employee chooses to skip the Informal Procedure, within eight (8) days of the date the employee(s) knew or reasonably should have known of the incident giving rise to the grievance, the employee(s) or the Union shall initiate the grievance procedure by explaining the situation in writing as prescribed above to the immediate supervisor of the affected employee(s). The Union and/or employee(s) waives the right to proceed with the grievance if the grievant does not initiate the procedure by this deadline. After the presentation of the grievance to the supervisor, the supervisor shall make a decision and present his/her decision, in writing, to the Union and employee(s) within eight (8) days. Step Two - Department Director If the Union or employee(s) is not satisfied with the decision of the immediate supervisor, the grievant shall present the grievance, in writing, to the Department Director within eight (8) days of the decision of the immediate supervisor. The Union and/or employee(s) waives the right to proceed with the grievance if the grievant(s) does not act by this deadline. Within eight (8) days, the Department Director, or the designee of the Department Director, shall meet with the Union or employee(s) to hear the grievance. Within eight (8) days of hearing the grievance, the Department Director or designee shall present his/her decision, in writing, to the Union and employee(s) with copies to the Human Resource Director and the City Administrator. Step Three – City Administrator/Advisory Arbitration If the Union or employee(s) is not satisfied with the result of the meeting with the Department Director, the grievant may submit a written request, within eight (8) days of the written decision of the Department Director, that the matter be heard by the City Administrator or designee, or the Union may choose to have the matter heard by an impartial hearing officer (arbitrator). Should the matter be submitted directly to the City Administrator or designee, he/she shall meet with the Union and/or employee(s) within eight (8) days of receipt of the grievant’s written notice. If the Union and/or employee(s) elects to have the matter heard by the City Administrator or designee, the Union and/or employee(s) waives the right to have the matter heard by an arbitrator. Within eight (8) days of hearing the grievance, the City Administrator shall provide his/her decision, in writing, to the Union and employee(s). The decision of the City Administrator shall be final and binding. Resolution No. 2022-30 Page 44 of 70 ________________________ 43 If the Union elects arbitration, costs of the arbitration shall be shared equally between the Union and the City. A court reporter shall be retained only by mutual consent of the parties. The costs of the arbitration, including the court reporter, shall be divided in half (i.e. 50/50) by the parties. Attorney fees, staff time and witness fees shall not be shared between the parties and shall be paid by the party that incurred the cost. If the Union elects arbitration, the City shall request a list of seven (7) arbitrators registered with the American Arbitration Association, California State Conciliation Service or some other mutually agreed upon source within ten (10) days of the Union’s request. Upon receipt of the list, the parties shall alternately strike names from the list until a final name is selected as the hearing officer, with the Union striking first. The selected arbitrator shall serve as the hearing officer. All arbitration proceedings arising under the Grievance procedure shall be governed by the provisions of Title 9, Part 3, of the Code of Civil Procedure of the State of California. Within eight (8) days of receipt of the arbitrator’s recommendation, the City Administrator shall provide his/her decision, in writing, to the Union and employee(s). The recommendation of an arbitrator shall be advisory to the City Administrator or designee. The decision of the City Administrator shall be final and binding. In the event the City Administrator does not adopt the arbitrator’s recommendation, the City shall bear the full cost of the arbitrator’s fee. Attorney fees, staff time and witness fees are excluded and shall be paid by the party that incurred the cost. All time limits specified in the procedure may be waived by mutual written agreement. Resolution No. 2022-30 Page 45 of 70 ________________________ 44 ARTICLE FIFTEEN DISCIPLINE PROCEDURE Definition Types of discipline include the following: suspension, demotion, reduction in pay or dismissal. For the purposes of this article, verbal counseling, written warning, written reprimand, voluntary demotions, and performance evaluations are not classified as discipline. The purpose of disciplinary actions are not intended to be punitive, but are defined as actions by management directed to the modification or cessation of employee conduct which is contrary to the best interests of the City and the public service. DAYS Days shall be defined for the purposes of this Article as any day in which the City Hall is open to the public for the general conduct of business. Disciplinary Actions The tenure of every City employee shall be based on reasonable standards of personal conduct and job performance. Failure to meet such standards shall be grounds for appropriate disciplinary action, which shall be commensurate with the seriousness of the offense and with consideration of the employee’s work history file. Progressive discipline will be used; however, this does not preclude the City from taking disciplinary action, up to and including termination, for an incident for which there is no prior documentation as long as the disciplinary action is warranted and is based on just cause. The following procedures shall be followed when, in the judgment of the Department Director, an employee has committed an act or omission that justifies discipline. The Department Director or his/her designee shall advise employees of contemplated disciplinary actions in writing and allow the employee an opportunity to respond to such charges prior to taking final action. Disciplinary actions should be documented in the employee's official personnel file. Performance deficiencies documented in the employee’s performance evaluation as “does not meet standards” may be the basis for disciplinary action if the employee fails to correct those performance deficiencies within the time period designated by his/her supervisor. To the extent possible, performance deficiencies or other causes for discipline will be documented in the employee’s personnel file. Upon the City receiving authorization from the employee, the City will provide the Union with all written notices of discipline given to employees represented by Union. The written notice of discipline will also inform the employee that he/she has the right to consult with the Union with regard to the disciplinary action being taken. Resolution No. 2022-30 Page 46 of 70 ________________________ 45 Disciplinary Procedure Prior to the suspension, demotion, reduction in pay or dismissal of any permanent employee for disciplinary purposes, the following procedures shall be followed: Written Notice of Proposed Action Written notice of the proposed disciplinary action shall be given to the employee. Such notice shall include the proposed effective date of the discipline, a statement of the reason(s) for the proposed action, including the rule or standard of conduct allegedly violated, the proposed discipline and the charge(s) being considered. Employee Review The employee shall be supplied with a copy of the documents or materials upon which the proposed disciplinary action is based. Employee Response/Pre-Disciplinary Conference The notice of proposed action shall state the date by which the employee must exercise the right to respond orally, in writing or both orally and in writing. The employee will be provided a reasonable period of time to respond, which shall be no sooner than five (5) days after the notice of proposed action is provided, or additional time as may be reasonable. This represents the pre-disciplinary opportunity for the employee to state any reasons that he/she believes the proposed action to be inappropriate. The date the employee is scheduled to respond may be adjusted by mutual agreement. Failure to respond by the assigned date will constitute a waiver of the right to respond. Any response will be fully considered before any final action is decided upon. The Pre-Disciplinary Conference does not need to be an evidentiary hearing. An employee has the right to have a representative of his or her own choosing at the conference. The City may conduct further investigation if the employee’s version of the facts or new information raises doubts as to the accuracy of the City’s information leading to the discipline proposal. Written Notice of Final Action After consideration of the employee’s response, or in the absence of a response, written notice of the final disciplinary action shall be given to the employee. Such notice shall include essentially the same information contained in the notice of proposed action, except that the employee’s formal appeal rights shall be stated. Emergencies When, in the opinion of the City, immediate disciplinary action is required to protect the health, safety or welfare of the public, other employees or the employee himself/herself, the employee may be suspended without pay for up to three (3) days pending the processing of the written notice of proposed action as required in this article or may be suspended with pay pending the completion of Resolution No. 2022-30 Page 47 of 70 ________________________ 46 such investigations or hearings as may be required to determine if disciplinary action is to be taken. If the charges and/or allegations are not sustained, the employee suspended without pay shall be entitled to reinstatement with full back pay and benefits. All back pay awards related to suspension, demotions and discharges shall include interest as set by Civil Code §§ 3287 et. seq. Appeal Procedures Major Discipline Any permanent employee in the classified service shall have the right to appeal any termination, suspension of five (5) working days or more, reduction in salary, or non-probationary demotion. The appeal process shall not be applicable to newly hired probationary employees. The appeal process shall not be applicable to performance evaluations, verbal and/or written reprimands. An employee desiring to appeal the discipline shall have ten (10) days after receipt of proposed notice of discipline. The employee’s request for appeal must be addressed to the City Administrator and received in the Human Resources Division. The Human Resources Division shall date stamp the employee’s appeal to verify the timeliness of the appeal. If, within the 10-day appeal period, the employee does not file the appeal, unless good cause for the failure is shown, the discipline shall be considered conclusive and shall take effect as prescribed. If the employee files a timely appeal, an arbitration appeal hearing shall be established as follows: 1. The employee shall file a written request with the Human Resources Division for arbitration to the City Administrator or designee. The City and Union will share equally share (i.e. 50/50) the arbitration-related expenses, excluding attorney fees, expert witness (es) and staff time. 2. The City shall request a list of seven (7) arbitrators registered with the American Arbitration Association, California State Conciliation Service or some other agreed upon source within ten (10) days of the employee’s request. Unless the parties agree to another method of selecting an arbitrator, the parties shall alternately strike one name from the list, with the employee striking first, until one name remains as the arbitrator. 3. The selected arbitrator shall serve as the hearing officer. 4. All time limits specified in the procedure may be waived by mutual written agreement. 5. At the conclusion of the hearing, the arbitrator will submit his/her findings to the City and the employee. The opinion shall set forth findings of fact and conclusions. Except as set forth below, the decision of the Arbitrator will become final unless the City or the employee/union elects to pursue judicial review under CCP §1094.5. 6. For arbitration appeals of major discipline at the level of termination, the recommendation of an arbitrator shall be advisory to the City Administrator or designee through the term of this Memorandum of Understanding. The decision of the City Administrator shall be final Resolution No. 2022-30 Page 48 of 70 ________________________ 47 and binding. The decision of the City Administrator will become final unless the City of the employee/union elects to pursue judicial review under CCP §1094.5. Advisory arbitration for termination cases shall revert to binding arbitration after June 30, 2022, unless the parties mutually agree and negotiate otherwise. Minor Discipline Any permanent employee shall have the right to appeal any suspension below the threshold of major discipline. The appeal process shall not apply to probationary employees. An employee desiring to appeal disciplinary action defined as “Minor Discipline” shall have ten (10) days after receipt of the final Notice of Determination to request an appeal to the City Administrator or designee. The employee’s request for appeal must be addressed to the City Administrator and received by the Human Resources Department. The City Administrator or designee will respond or schedule a meeting within fifteen (15) days. The City Administrator or designee shall render his/her judgment as soon after hearing the appeal as possible and in no event later than thirty (30) days after the appeal meeting. His/her decision shall set forth which charges, if any, are sustained and the reasons therefore. The opinion shall set forth findings of fact and conclusions. The decision of the City Administrator shall be final. Resolution No. 2022-30 Page 49 of 70 ________________________ 48 ARTICLE SIXTEEN JOINT LABOR MANAGEMENT COMMITTEE 1. The City and the Union will maintain a Joint Labor Management (JLM) Committee comprised of at least eight (8) members. The City's team shall consist of representatives from the City Administrator's office, the Human Resources Department and the Gas and Electric Department. The Union shall provide four (4) members to sit on its committee, at least two of which must be employees of the City. Additional department and employee representatives may participate on the Committee to deal with departmental matters which may be addressed. This committee shall meet at least semi-annually to discuss matters of concern to both management and the Union and a written summary of each meeting shall be prepared by the City. The committee shall be authorized to schedule meetings more frequently than the semi-annual ones required herein in order to expeditiously respond to concerns properly before the committee. 2. The JLM shall be utilized to allow the parties to discuss matters affecting the workplace environment. 3. The JLM shall not be a means for participating in the meet and confer process as provided for by Government Code Sections 3500 et. Seq. The JLM’s meetings shall not be “Meet and Confer” sessions as that term is used in Government Code Sections 3500 et. seq. 4. JLM consideration of proposed changes in terms and conditions of employment shall not occur and is not a condition precedent to the exercise by the City of its rights. Resolution No. 2022-30 Page 50 of 70 ________________________ 49 SIGNATURE PAGE CITY OF VERNON IBEW LOCAL 47 Carlos R. Fandino Jr. Pat Lavin City Administrator Business Manager/Financial Secretary Michael A. Earl Stan Stosel Director of Human Resources Senior Assistant Business Manager Lisette M. Grizzelle John Baca Senior Human Resources Analyst IBEW Business Representative Scott A. Williams Jorrie V. Estrada Director of Finance/City Treasurer Union Committee Member Armando Hinojos Union Committee Member ______________________________ Ruben Rodriguez Union Committee Member Mark E. Yeaman APPROVED AS TO FORM: Union Committee Member _____________________________________ Zaynah N. Moussa, City Attorney APPROVED AND ADOPTED BY CITY COUNCIL ON ____________________PER RESOLUTION NO._________________ ATTEST: __________________________________ Dated: _____________________, Lisa Pope, City Clerk Resolution No. 2022-30 Page 51 of 70 ________________________ IBEW: Addendum A IBEW Position Titles ASSISTANT RESOURCE SCHEDULER ASSOCIATE ELECTRICAL ENGINEER ASSOCIATE RESOURCE SCHEDULER CONTROL ROOM OPERATOR I CONTROL ROOM OPERATOR II CONTROL ROOM OPERATOR, SENIOR ELECTRIC OPERATOR ELECTRIC OPERATOR, SENIOR ELECTRICAL ENGINEER ELECTRICAL ENGINEERING TECHNICIAN ELECTRICAL TEST TECHNICIAN ELECTRICAL TEST TECHNICIAN, LEAD ELECTRICAL TEST TECHNICIAN, SENIOR FIELD OPERATOR I FIELD OPERATOR II GAS SYSTEMS SPECIALIST GAS SYSTEMS SPECIALIST, LEAD GAS SYSTEMS TECHNICIAN INSTRUMENT & CONTROLS TECHNICIAN INSTRUMENT & CONTROLS TECHNICIAN, LEAD MATERIAL CONTROL ADMINISTRATOR MECHANIC/WELDER MECHANIC, LEAD METERING TECHNICIAN METERING TECHNICIAN, SENIOR POWER PLANT OPERATOR POWER RESOURCES SETTLEMENT ANALYST POWER RESOURCES SETTLEMENT ANALYST, SENIOR PRINCIPAL RESOURCE SCHEDULER/TRADER RESOURCE PLANNER RESOURCE SCHEDULER SITE SAFETY ADMINISTRATOR/CONTROL ROOM OPERATOR UTILITIES DISPATCHER UTILITIES DISPATCHER, SENIOR UTILITIES OPERATIONS TRAINEE UTILITIES PROJECT COORDINATOR Resolution No. 2022-30 Page 52 of 70 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2022-2023 Effective July 31, 2022 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD PUBLIC UTILITIES DEPARTMENT Electric Operations Division 8035 Electric Operator NE I 30 Step 1 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 2 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 3 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 4 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 5 132,089$ 11,007$ 63.5043$ 5,080.35$ 8032 Electric Operator, Senior NE I 31 Step 1 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 2 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 3 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 4 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 5 138,693$ 11,558$ 66.6796$ 5,334.36$ 8055 Electrical Test Technician NE I 29 Step 1 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 2 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 3 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 4 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 5 125,799$ 10,483$ 60.4803$ 4,838.43$ 8049 Electrical Test Technician, Lead NE I 32 Step 1 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 2 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 3 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 4 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 5 145,628$ 12,136$ 70.0135$ 5,601.08$ 8053 Electrical Test Technician, Senior NE I 31 Step 1 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 2 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 3 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 4 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 5 138,693$ 11,558$ 66.6796$ 5,334.36$ 8050 Metering Technician NE I 29 Step 1 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 2 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 3 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 4 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 5 125,799$ 10,483$ 60.4803$ 4,838.43$ Page 1 of 6 Resolution No. 2022-30 Page 53 of 70 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2022-2023 Effective July 31, 2022 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8047 Metering Technician, Senior NE I 31 Step 1 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 2 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 3 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 4 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 5 138,693$ 11,558$ 66.6796$ 5,334.36$ 8045 Power Plant Operator NE I 28 Step 1 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 2 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 3 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 4 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 5 119,809$ 9,984$ 57.6003$ 4,608.03$ 8030 Utilities Dispatcher NE I 33 Step 1 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 2 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 3 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 4 145,628$ 12,136$ 70.0135$ 5,601.08$ Step 5 152,910$ 12,742$ 73.5142$ 5,881.14$ 8025 Utilities Dispatcher, Senior NE I 34 Step 1 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 2 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 3 145,628$ 12,136$ 70.0135$ 5,601.08$ Step 4 152,910$ 12,742$ 73.5142$ 5,881.14$ Step 5 160,555$ 13,380$ 77.1899$ 6,175.19$ 8060 Utilities Operations Trainee NE I 23 Step 1 77,230$ 6,436$ 37.1297$ 2,970.38$ Step 2 81,091$ 6,758$ 38.9862$ 3,118.90$ Step 3 85,146$ 7,095$ 40.9355$ 3,274.84$ Step 4 89,403$ 7,450$ 42.9823$ 3,438.58$ Step 5 93,873$ 7,823$ 45.1314$ 3,610.51$ 8031 Utilities Project Coordinator NE I 33 Step 1 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 2 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 3 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 4 145,628$ 12,136$ 70.0135$ 5,601.08$ Step 5 152,910$ 12,742$ 73.5142$ 5,881.14$ Malburg Generation Station Division 8353 Control Room Operator I NE I 29 Step 1 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 2 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 3 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 4 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 5 125,799$ 10,483$ 60.4803$ 4,838.43$ Page 2 of 6 Resolution No. 2022-30 Page 54 of 70 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2022-2023 Effective July 31, 2022 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8355 Control Room Operator II NE I 31 Step 1 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 2 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 3 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 4 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 5 138,693$ 11,558$ 66.6796$ 5,334.36$ 8340 Control Room Operator, Senior NE I 33 Step 1 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 2 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 3 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 4 145,628$ 12,136$ 70.0135$ 5,601.08$ Step 5 152,910$ 12,742$ 73.5142$ 5,881.14$ 8375 Field Operator I NE I 25 Step 1 85,146$ 7,095$ 40.9355$ 3,274.84$ Step 2 89,403$ 7,450$ 42.9823$ 3,438.58$ Step 3 93,873$ 7,823$ 45.1314$ 3,610.51$ Step 4 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 5 103,495$ 8,625$ 49.7574$ 3,980.59$ 8370 Field Operator II NE I 27 Step 1 93,873$ 7,823$ 45.1314$ 3,610.51$ Step 2 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 3 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 4 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 5 114,104$ 9,509$ 54.8575$ 4,388.60$ 8360 Instrument & Controls Technician NE I 28 Step 1 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 2 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 3 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 4 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 5 119,809$ 9,984$ 57.6003$ 4,608.03$ 8357 Instrument & Controls Technician, Lead NE I 31 Step 1 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 2 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 3 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 4 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 5 138,693$ 11,558$ 66.6796$ 5,334.36$ 8390 Material Control Administrator NE I 22 Step 1 73,552$ 6,129$ 35.3616$ 2,828.93$ Step 2 77,230$ 6,436$ 37.1297$ 2,970.38$ Step 3 81,091$ 6,758$ 38.9862$ 3,118.90$ Step 4 85,146$ 7,095$ 40.9355$ 3,274.84$ Step 5 89,403$ 7,450$ 42.9823$ 3,438.58$ Page 3 of 6 Resolution No. 2022-30 Page 55 of 70 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2022-2023 Effective July 31, 2022 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8365 Mechanic/Welder NE I 26 Step 1 89,403$ 7,450$ 42.9823$ 3,438.58$ Step 2 93,873$ 7,823$ 45.1314$ 3,610.51$ Step 3 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 4 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 5 108,670$ 9,056$ 52.2452$ 4,179.62$ 8350 Mechanic, Lead NE I 30 Step 1 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 2 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 3 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 4 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 5 132,089$ 11,007$ 63.5043$ 5,080.35$ 8345 Site Safety Administrator/Control Room Operator NE I 32 Step 1 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 2 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 3 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 4 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 5 145,628$ 12,136$ 70.0135$ 5,601.08$ Engineering Division (Public Utilities) 8135 Electrical Engineering Technician NE I 25 Step 1 85,146$ 7,095$ 40.9355$ 3,274.84$ Step 2 89,403$ 7,450$ 42.9823$ 3,438.58$ Step 3 93,873$ 7,823$ 45.1314$ 3,610.51$ Step 4 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 5 103,495$ 8,625$ 49.7574$ 3,980.59$ 8130 Associate Electrical Engineer NE I 30 Step 1 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 2 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 3 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 4 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 5 132,089$ 11,007$ 63.5043$ 5,080.35$ 8125 Electrical Engineer NE I 35 Step 1 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 2 145,628$ 12,136$ 70.0135$ 5,601.08$ Step 3 152,910$ 12,742$ 73.5142$ 5,881.14$ Step 4 160,555$ 13,380$ 77.1899$ 6,175.19$ Step 5 168,583$ 14,049$ 81.0494$ 6,483.95$ Page 4 of 6 Resolution No. 2022-30 Page 56 of 70 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2022-2023 Effective July 31, 2022 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Gas Division 8215 Gas Systems Specialist NE I 30 Step 1 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 2 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 3 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 4 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 5 132,089$ 11,007$ 63.5043$ 5,080.35$ 8212 Gas Systems Specialist, Lead NE I 32 Step 1 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 2 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 3 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 4 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 5 145,628$ 12,136$ 70.0135$ 5,601.08$ 8220 Gas Systems Technician NE I 26 Step 1 89,403$ 7,450$ 42.9823$ 3,438.58$ Step 2 93,873$ 7,823$ 45.1314$ 3,610.51$ Step 3 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 4 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 5 108,670$ 9,056$ 52.2452$ 4,179.62$ Resource Planning and Scheduling Division 8435 Assistant Resource Scheduler NE I 28 Step 1 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 2 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 3 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 4 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 5 119,809$ 9,984$ 57.6003$ 4,608.03$ 8430 Associate Resource Scheduler NE I 30 Step 1 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 2 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 3 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 4 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 5 132,089$ 11,007$ 63.5043$ 5,080.35$ 8436 Power Resources Settlement Analyst NE I 28 Step 1 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 2 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 3 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 4 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 5 119,809$ 9,984$ 57.6003$ 4,608.03$ Page 5 of 6 Resolution No. 2022-30 Page 57 of 70 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2022-2023 Effective July 31, 2022 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8431 Power Resources Settlement Analyst, Senior NE I 30 Step 1 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 2 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 3 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 4 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 5 132,089$ 11,007$ 63.5043$ 5,080.35$ 8422 Principal Resource Scheduler/Trader NE I 34 Step 1 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 2 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 3 145,628$ 12,136$ 70.0135$ 5,601.08$ Step 4 152,910$ 12,742$ 73.5142$ 5,881.14$ Step 5 160,555$ 13,380$ 77.1899$ 6,175.19$ 8415 Resource Planner NE I 35 Step 1 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 2 145,628$ 12,136$ 70.0135$ 5,601.08$ Step 3 152,910$ 12,742$ 73.5142$ 5,881.14$ Step 4 160,555$ 13,380$ 77.1899$ 6,175.19$ Step 5 168,583$ 14,049$ 81.0494$ 6,483.95$ 8420 Resource Scheduler NE I 32 Step 1 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 2 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 3 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 4 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 5 145,628$ 12,136$ 70.0135$ 5,601.08$ Footnote: {a} - The annual and monthly salaries are reported as whole dollar without the cents ONLY for reporting purposes. Page 6 of 6 Resolution No. 2022-30 Page 58 of 70 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2023-2024 Effective July 2, 2023 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD PUBLIC UTILITIES DEPARTMENT Electric Operations Division 8035 Electric Operator NE I 30 Step 1 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 2 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 3 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 4 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 5 136,051$ 11,338$ 65.4093$ 5,232.75$ 8032 Electric Operator, Senior NE I 31 Step 1 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 2 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 3 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 4 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 5 142,854$ 11,905$ 68.6798$ 5,494.38$ 8055 Electrical Test Technician NE I 29 Step 1 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 2 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 3 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 4 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 5 129,573$ 10,798$ 62.2946$ 4,983.57$ 8049 Electrical Test Technician, Lead NE I 32 Step 1 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 2 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 3 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 4 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 5 149,997$ 12,500$ 72.1138$ 5,769.11$ 8053 Electrical Test Technician, Senior NE I 31 Step 1 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 2 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 3 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 4 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 5 142,854$ 11,905$ 68.6798$ 5,494.38$ 8050 Metering Technician NE I 29 Step 1 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 2 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 3 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 4 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 5 129,573$ 10,798$ 62.2946$ 4,983.57$ Page 7 of 18 Resolution No. 2022-30 Page 59 of 70 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2023-2024 Effective July 2, 2023 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8047 Metering Technician, Senior NE I 31 Step 1 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 2 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 3 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 4 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 5 142,854$ 11,905$ 68.6798$ 5,494.38$ 8045 Power Plant Operator NE I 28 Step 1 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 2 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 3 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 4 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 5 123,403$ 10,284$ 59.3282$ 4,746.25$ 8030 Utilities Dispatcher NE I 33 Step 1 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 2 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 3 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 4 149,997$ 12,500$ 72.1138$ 5,769.11$ Step 5 157,497$ 13,125$ 75.7195$ 6,057.56$ 8025 Utilities Dispatcher, Senior NE I 34 Step 1 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 2 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 3 149,997$ 12,500$ 72.1138$ 5,769.11$ Step 4 157,497$ 13,125$ 75.7195$ 6,057.56$ Step 5 165,372$ 13,781$ 79.5055$ 6,360.44$ 8060 Utilities Operations Trainee NE I 23 Step 1 79,546$ 6,629$ 38.2434$ 3,059.47$ Step 2 83,524$ 6,960$ 40.1556$ 3,212.45$ Step 3 87,700$ 7,308$ 42.1634$ 3,373.07$ Step 4 92,085$ 7,674$ 44.2716$ 3,541.73$ Step 5 96,689$ 8,057$ 46.4852$ 3,718.81$ 8031 Utilities Project Coordinator NE I 33 Step 1 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 2 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 3 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 4 149,997$ 12,500$ 72.1138$ 5,769.11$ Step 5 157,497$ 13,125$ 75.7195$ 6,057.56$ Malburg Generation Station Division 8353 Control Room Operator I NE I 29 Step 1 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 2 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 3 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 4 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 5 129,573$ 10,798$ 62.2946$ 4,983.57$ Page 8 of 18 Resolution No. 2022-30 Page 60 of 70 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2023-2024 Effective July 2, 2023 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8355 Control Room Operator II NE I 31 Step 1 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 2 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 3 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 4 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 5 142,854$ 11,905$ 68.6798$ 5,494.38$ 8340 Control Room Operator, Senior NE I 33 Step 1 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 2 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 3 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 4 149,997$ 12,500$ 72.1138$ 5,769.11$ Step 5 157,497$ 13,125$ 75.7195$ 6,057.56$ 8375 Field Operator I NE I 25 Step 1 87,700$ 7,308$ 42.1634$ 3,373.07$ Step 2 92,085$ 7,674$ 44.2716$ 3,541.73$ Step 3 96,689$ 8,057$ 46.4852$ 3,718.81$ Step 4 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 5 106,600$ 8,883$ 51.2499$ 4,099.99$ 8370 Field Operator II NE I 27 Step 1 96,689$ 8,057$ 46.4852$ 3,718.81$ Step 2 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 3 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 4 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 5 117,526$ 9,794$ 56.5030$ 4,520.24$ 8360 Instrument & Controls Technician NE I 28 Step 1 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 2 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 3 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 4 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 5 123,403$ 10,284$ 59.3282$ 4,746.25$ 8357 Instrument & Controls Technician, Lead NE I 31 Step 1 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 2 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 3 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 4 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 5 142,854$ 11,905$ 68.6798$ 5,494.38$ 8390 Material Control Administrator NE I 22 Step 1 75,758$ 6,313$ 36.4223$ 2,913.78$ Step 2 79,546$ 6,629$ 38.2434$ 3,059.47$ Step 3 83,524$ 6,960$ 40.1556$ 3,212.45$ Step 4 87,700$ 7,308$ 42.1634$ 3,373.07$ Step 5 92,085$ 7,674$ 44.2716$ 3,541.73$ Page 9 of 18 Resolution No. 2022-30 Page 61 of 70 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2023-2024 Effective July 2, 2023 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8365 Mechanic/Welder NE I 26 Step 1 92,085$ 7,674$ 44.2716$ 3,541.73$ Step 2 96,689$ 8,057$ 46.4852$ 3,718.81$ Step 3 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 4 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 5 111,930$ 9,327$ 53.8124$ 4,305.00$ 8350 Mechanic, Lead NE I 30 Step 1 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 2 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 3 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 4 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 5 136,051$ 11,338$ 65.4093$ 5,232.75$ 8345 Site Safety Administrator/Control Room Operator NE I 32 Step 1 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 2 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 3 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 4 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 5 149,997$ 12,500$ 72.1138$ 5,769.11$ Engineering Division (Public Utilities) 8135 Electrical Engineering Technician NE I 25 Step 1 87,700$ 7,308$ 42.1634$ 3,373.07$ Step 2 92,085$ 7,674$ 44.2716$ 3,541.73$ Step 3 96,689$ 8,057$ 46.4852$ 3,718.81$ Step 4 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 5 106,600$ 8,883$ 51.2499$ 4,099.99$ 8130 Associate Electrical Engineer NE I 30 Step 1 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 2 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 3 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 4 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 5 136,051$ 11,338$ 65.4093$ 5,232.75$ 8125 Electrical Engineer NE I 35 Step 1 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 2 149,997$ 12,500$ 72.1138$ 5,769.11$ Step 3 157,497$ 13,125$ 75.7195$ 6,057.56$ Step 4 165,372$ 13,781$ 79.5055$ 6,360.44$ Step 5 173,640$ 14,470$ 83.4808$ 6,678.47$ Page 10 of 18 Resolution No. 2022-30 Page 62 of 70 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2023-2024 Effective July 2, 2023 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Gas Division 8215 Gas Systems Specialist NE I 30 Step 1 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 2 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 3 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 4 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 5 136,051$ 11,338$ 65.4093$ 5,232.75$ 8212 Gas Systems Specialist, Lead NE I 32 Step 1 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 2 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 3 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 4 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 5 149,997$ 12,500$ 72.1138$ 5,769.11$ 8220 Gas Systems Technician NE I 26 Step 1 92,085$ 7,674$ 44.2716$ 3,541.73$ Step 2 96,689$ 8,057$ 46.4852$ 3,718.81$ Step 3 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 4 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 5 111,930$ 9,327$ 53.8124$ 4,305.00$ Resource Planning and Scheduling Division 8435 Assistant Resource Scheduler NE I 28 Step 1 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 2 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 3 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 4 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 5 123,403$ 10,284$ 59.3282$ 4,746.25$ 8430 Associate Resource Scheduler NE I 30 Step 1 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 2 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 3 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 4 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 5 136,051$ 11,338$ 65.4093$ 5,232.75$ 8436 Power Resources Settlement Analyst NE I 28 Step 1 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 2 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 3 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 4 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 5 123,403$ 10,284$ 59.3282$ 4,746.25$ Page 11 of 18 Resolution No. 2022-30 Page 63 of 70 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2023-2024 Effective July 2, 2023 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8431 Power Resources Settlement Analyst, Senior NE I 30 Step 1 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 2 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 3 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 4 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 5 136,051$ 11,338$ 65.4093$ 5,232.75$ 8422 Principal Resource Scheduler/Trader NE I 34 Step 1 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 2 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 3 149,997$ 12,500$ 72.1138$ 5,769.11$ Step 4 157,497$ 13,125$ 75.7195$ 6,057.56$ Step 5 165,372$ 13,781$ 79.5055$ 6,360.44$ 8415 Resource Planner NE I 35 Step 1 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 2 149,997$ 12,500$ 72.1138$ 5,769.11$ Step 3 157,497$ 13,125$ 75.7195$ 6,057.56$ Step 4 165,372$ 13,781$ 79.5055$ 6,360.44$ Step 5 173,640$ 14,470$ 83.4808$ 6,678.47$ 8420 Resource Scheduler NE I 32 Step 1 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 2 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 3 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 4 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 5 149,997$ 12,500$ 72.1138$ 5,769.11$ Footnote: {a} - The annual and monthly salaries are reported as whole dollar without the cents ONLY for reporting purposes. Page 12 of 18 Resolution No. 2022-30 Page 64 of 70 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2024-2025 Effective July 14, 2024 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD PUBLIC UTILITIES DEPARTMENT Electric Operations Division 8035 Electric Operator NE I 30 Step 1 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 2 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 3 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 4 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 5 140,133$ 11,678$ 67.3716$ 5,389.73$ 8032 Electric Operator, Senior NE I 31 Step 1 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 2 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 3 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 4 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 5 147,140$ 12,262$ 70.7402$ 5,659.22$ 8055 Electrical Test Technician NE I 29 Step 1 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 2 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 3 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 4 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 5 133,460$ 11,122$ 64.1635$ 5,133.08$ 8049 Electrical Test Technician, Lead NE I 32 Step 1 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 2 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 3 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 4 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 5 154,497$ 12,875$ 74.2772$ 5,942.18$ 8053 Electrical Test Technician, Senior NE I 31 Step 1 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 2 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 3 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 4 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 5 147,140$ 12,262$ 70.7402$ 5,659.22$ 8050 Metering Technician NE I 29 Step 1 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 2 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 3 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 4 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 5 133,460$ 11,122$ 64.1635$ 5,133.08$ Page 13 of 18 Resolution No. 2022-30 Page 65 of 70 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2024-2025 Effective July 14, 2024 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8047 Metering Technician, Senior NE I 31 Step 1 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 2 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 3 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 4 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 5 147,140$ 12,262$ 70.7402$ 5,659.22$ 8045 Power Plant Operator NE I 28 Step 1 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 2 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 3 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 4 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 5 127,105$ 10,592$ 61.1081$ 4,888.65$ 8030 Utilities Dispatcher NE I 33 Step 1 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 2 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 3 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 4 154,497$ 12,875$ 74.2772$ 5,942.18$ Step 5 162,222$ 13,518$ 77.9911$ 6,239.29$ 8025 Utilities Dispatcher, Senior NE I 34 Step 1 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 2 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 3 154,497$ 12,875$ 74.2772$ 5,942.18$ Step 4 162,222$ 13,518$ 77.9911$ 6,239.29$ Step 5 170,333$ 14,194$ 81.8907$ 6,551.25$ 8060 Utilities Operations Trainee NE I 23 Step 1 81,933$ 6,828$ 39.3908$ 3,151.26$ Step 2 86,029$ 7,169$ 41.3603$ 3,308.82$ Step 3 90,331$ 7,528$ 43.4283$ 3,474.27$ Step 4 94,848$ 7,904$ 45.5998$ 3,647.98$ Step 5 99,590$ 8,299$ 47.8798$ 3,830.38$ 8031 Utilities Project Coordinator NE I 33 Step 1 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 2 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 3 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 4 154,497$ 12,875$ 74.2772$ 5,942.18$ Step 5 162,222$ 13,518$ 77.9911$ 6,239.29$ Malburg Generation Station Division 8353 Control Room Operator I NE I 29 Step 1 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 2 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 3 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 4 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 5 133,460$ 11,122$ 64.1635$ 5,133.08$ Page 14 of 18 Resolution No. 2022-30 Page 66 of 70 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2024-2025 Effective July 14, 2024 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8355 Control Room Operator II NE I 31 Step 1 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 2 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 3 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 4 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 5 147,140$ 12,262$ 70.7402$ 5,659.22$ 8340 Control Room Operator, Senior NE I 33 Step 1 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 2 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 3 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 4 154,497$ 12,875$ 74.2772$ 5,942.18$ Step 5 162,222$ 13,518$ 77.9911$ 6,239.29$ 8375 Field Operator I NE I 25 Step 1 90,331$ 7,528$ 43.4283$ 3,474.27$ Step 2 94,848$ 7,904$ 45.5998$ 3,647.98$ Step 3 99,590$ 8,299$ 47.8798$ 3,830.38$ Step 4 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 5 109,798$ 9,150$ 52.7875$ 4,223.00$ 8370 Field Operator II NE I 27 Step 1 99,590$ 8,299$ 47.8798$ 3,830.38$ Step 2 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 3 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 4 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 5 121,052$ 10,088$ 58.1982$ 4,655.86$ 8360 Instrument and Controls Technician NE I 28 Step 1 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 2 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 3 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 4 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 5 127,105$ 10,592$ 61.1081$ 4,888.65$ 8357 Instrument and Controls Technician, Lead NE I 31 Step 1 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 2 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 3 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 4 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 5 147,140$ 12,262$ 70.7402$ 5,659.22$ 8390 Material Control Administrator NE I 22 Step 1 78,031$ 6,503$ 37.5150$ 3,001.20$ Step 2 81,933$ 6,828$ 39.3908$ 3,151.26$ Step 3 86,029$ 7,169$ 41.3603$ 3,308.82$ Step 4 90,331$ 7,528$ 43.4283$ 3,474.27$ Step 5 94,848$ 7,904$ 45.5998$ 3,647.98$ Page 15 of 18 Resolution No. 2022-30 Page 67 of 70 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2024-2025 Effective July 14, 2024 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8365 Mechanic/Welder NE I 26 Step 1 94,848$ 7,904$ 45.5998$ 3,647.98$ Step 2 99,590$ 8,299$ 47.8798$ 3,830.38$ Step 3 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 4 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 5 115,288$ 9,607$ 55.4268$ 4,434.15$ 8350 Mechanic, Lead NE I 30 Step 1 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 2 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 3 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 4 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 5 140,133$ 11,678$ 67.3716$ 5,389.73$ 8345 Site Safety Administrator/Control Room Operator NE I 32 Step 1 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 2 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 3 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 4 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 5 154,497$ 12,875$ 74.2772$ 5,942.18$ Engineering Division (Public Utilities) 8135 Electrical Engineering Technician NE I 25 Step 1 90,331$ 7,528$ 43.4283$ 3,474.27$ Step 2 94,848$ 7,904$ 45.5998$ 3,647.98$ Step 3 99,590$ 8,299$ 47.8798$ 3,830.38$ Step 4 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 5 109,798$ 9,150$ 52.7875$ 4,223.00$ 8130 Associate Electrical Engineer NE I 30 Step 1 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 2 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 3 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 4 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 5 140,133$ 11,678$ 67.3716$ 5,389.73$ 8125 Electrical Engineer NE I 35 Step 1 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 2 154,497$ 12,875$ 74.2772$ 5,942.18$ Step 3 162,222$ 13,518$ 77.9911$ 6,239.29$ Step 4 170,333$ 14,194$ 81.8907$ 6,551.25$ Step 5 178,849$ 14,904$ 85.9852$ 6,878.82$ Page 16 of 18 Resolution No. 2022-30 Page 68 of 70 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2024-2025 Effective July 14, 2024 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Gas Division 8215 Gas Systems Specialist NE I 30 Step 1 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 2 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 3 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 4 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 5 140,133$ 11,678$ 67.3716$ 5,389.73$ 8212 Gas Systems Specialist, Lead NE I 32 Step 1 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 2 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 3 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 4 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 5 154,497$ 12,875$ 74.2772$ 5,942.18$ 8220 Gas Systems Technician NE I 26 Step 1 94,848$ 7,904$ 45.5998$ 3,647.98$ Step 2 99,590$ 8,299$ 47.8798$ 3,830.38$ Step 3 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 4 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 5 115,288$ 9,607$ 55.4268$ 4,434.15$ Resource Planning and Scheduling Division 8435 Assistant Resource Scheduler NE I 28 Step 1 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 2 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 3 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 4 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 5 127,105$ 10,592$ 61.1081$ 4,888.65$ 8430 Associate Resource Scheduler NE I 30 Step 1 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 2 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 3 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 4 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 5 140,133$ 11,678$ 67.3716$ 5,389.73$ 8436 Power Resources Settlement Analyst NE I 28 Step 1 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 2 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 3 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 4 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 5 127,105$ 10,592$ 61.1081$ 4,888.65$ Page 17 of 18 Resolution No. 2022-30 Page 69 of 70 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2024-2025 Effective July 14, 2024 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8431 Power Resources Settlement Analyst, Senior NE I 30 Step 1 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 2 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 3 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 4 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 5 140,133$ 11,678$ 67.3716$ 5,389.73$ 8422 Principal Resource Scheduler/Trader NE I 34 Step 1 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 2 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 3 154,497$ 12,875$ 74.2772$ 5,942.18$ Step 4 162,222$ 13,518$ 77.9911$ 6,239.29$ Step 5 170,333$ 14,194$ 81.8907$ 6,551.25$ 8415 Resource Planner NE I 35 Step 1 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 2 154,497$ 12,875$ 74.2772$ 5,942.18$ Step 3 162,222$ 13,518$ 77.9911$ 6,239.29$ Step 4 170,333$ 14,194$ 81.8907$ 6,551.25$ Step 5 178,849$ 14,904$ 85.9852$ 6,878.82$ 8420 Resource Scheduler NE I 32 Step 1 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 2 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 3 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 4 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 5 154,497$ 12,875$ 74.2772$ 5,942.18$ Footnote: {a} - The annual and monthly salaries are reported as whole dollar without the cents ONLY for reporting purposes. Page 18 of 18 Resolution No. 2022-30 Page 70 of 70 ________________________ 1 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 47 July 1, 202219 through June 30, 20252 2 TABLE OF CONTENTS MEMORANDUM OF UNDERSTANDING Preamble ............................................................................................................................... 6 ARTICLE ONE: FUNDAMENTALS Section 1: Recognition ............................................................................................... . 7 Section 2: No Discrimination ....................................................................................... 7 Section 3: No Strikes or Lockouts ................................................................................. 7 Section 4: City/Union Meetings ................................................................................ .. 7 Section 5: Union Business ............................................................................................ 7 Section 6: Management Rights ...................................................................................... 9 Section 7: Employee Rights ........................................................................................... 10 ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE& TERM Section 1: Legal Limitations and Savings Clause ........................................................ . 11 Section 2: Term ............................................................................................................. .11 Section 3: Maintenance of Existing Conditions ............................................................. 11 Section 4: Modification and Waiver ............................................................................... 12 Section 5: Severability .................................................................................................... 12 ARTICLE THREE: ORGANIZATIONAL SECURITY Section 1: Organizational Security ................................................................................. 13 Section 2: Contracting Out Provision ............................................................................. 13 ARTICLE FOUR: COMPENSATION Section 1: Salaries .......................................................................................................... 14 Section 2: Merit Steps ................................................................................................... 14 Section 3: Temporary Upgrade Pay – Special Assignment ......................................... . 14 Section 4: Bilingual Pay ............................................................................................... 154 3 Section 5: Longevity Pay ................................................................................................ 15 Section 6: Promotions .................................................................................................. .. 16 Section 7: Reclassification .............................................................................................. 16 ARTICLE FIVE: OVERTIME Section 1: Overtime Authorization ................................................................................. 17 Section 2: Overtime Compensation ............................................................................... 17 Section 3: Compensatory Time ..................................................................................... . 17 Section 4: Call Backs ................................................................................................. . 198 ARTICLE SIX: UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT Section 1: Uniforms .................................................................................................. . 2019 Section 2: Safety Boot/Shoe Allowance ................................................................... . 2019 ARTICLE SEVEN: HEALTH AND WELFARE BENEFITS Section 1: Medical ........................................................................................................ 210 Section 2: Cafeteria Plan ............................................................................................... 210 Section 3: Dental ....................................................................................................... .. 221 Section 4: Vision .......................................................................................................... 221 Section 5: Life Insurance .............................................................................................. 221 Section 6: Deferred Compensation ............................................................................... 221 Section 7: Other City Employee Programs ................................................................. . 232 ARTICLE EIGHT: RETIREMENT Section 1: P.E.R.S. ........................................................................................................ 23 Section 2: P.E.R.S. Supplemental Plans ......................................................................... 24 Section 3: Retiree Medical ............................................................................................ 254 ARTICLE NINE: HOLIDAYS 4 Section 1: Holidays ..................................................................................................... . 276 Section 2: In-Lieu Holidays .......................................................................................... 287 ARTICLE TEN: VACATION Section 1: Vacation Leave. ............................................................................................ 298 Section 2: Vacation Accumulation .................................................................................. 298 Section 3: Scheduling of Vacation ................................................................................. 3029 ARTICLE ELEVEN: SICK LEAVE Section 1: Sick Leave. .................................................................................................... 310 Section 2: Family Sick Leave .......................................................................................... 321 ARTICLE TWELVE: LEAVE BENEFITS Section 1: Jury Duty ....................................................................................................... 332 Section 2: Military Leave of Absence .............................................................................. 332 Section 3: Bereavement Leave ......................................................................................... 332 ARTICLE THIRTEEN: WORK SCHEDULE AND WORKING CONDITIONS Section 1: Provisions ....................................................................................................... 354 Section 2: 4/10 Work Schedule ........................................................................................ 354 Section 3: DuPont Schedule ............................................................................................. 354 Section 4: Standby Policy ................................................................................................ 365 Section 5: Performance Evaluations ................................................................................ 376 Section 6: Probation ......................................................................................................... 38 ARTICLE FOURTEEN: GRIEVANCE PROCEDURE Grievance Procedure ............................................................................................................. 4137 ARTICLE FIFTEEN: DISCIPLINE PROCEDURE 5 Discipline Procedure ............................................................................................................... 440 ARTICLE SIXTEEN: JOINT LABOR MANAGEMENT COMMITTEE Joint Labor Management Committee ...................................................................................... 484 SIGNATURE PAGE Signatures ......................................................................................................................... .. 495 6 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (IBEW) PREAMBLE This Memorandum of Understanding (“MOU”) is entered into with reference to the following facts: A. Representatives of management for the City of Vernon (hereafter “City”) and representatives of the International Brotherhood of Electrical Workers, Local # 47 (hereafter “Union”) have met on a number of occasions and have conferred in good faith exchanging proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employee/members represented by the Union in the Utility Unit. B. The management representatives and the representatives of the Union have reached an understanding as to certain recommendations to be made to the City Council for the City of Vernon and have agreed that the parties hereto will jointly urge said Council to adopt one or more resolutions which will establish the provisions regarding wages, hours, fringe benefits and other terms and conditions of employment contained in these joint recommendations. C. This MOU incorporates, contains and represents all of the terms and conditions agreed upon by both parties as of July 1, 202219. Any previous agreements/practices which are contrary to the language in this MOU shall be null and void. THEREFORE, the representatives of the City and the Union agree as follows: The parties hereto have jointly recommended to the City Council of the City of Vernon that one or more salary resolutions be adopted effectuating the following provisions related to salaries, fringe benefits and other terms of employment for IBEW Union members. 7 ARTICLE ONE FUNDAMENTALS Section 1: Recognition The City recognizes the International Brotherhood of Electrical Workers, Local 47 (“Union”) as the certified majority representative of the employees, comprised of Addendum A, as the exclusive representative of the employees for purposes of collective bargaining for all terms and conditions within this Memorandum of Understanding. Section 2: No Discrimination The provisions of this Memorandum of Understanding shall be applied equally to all employees covered hereby. Neither the City nor the Union shall discriminate against any individual, or employee with respect to his/her compensation, terms, condition, or privileges of employment or because of an individual’s race, color, sex, religion, national origin, age, marital status, disability, pregnancy, sexual orientation, political or religious opinions or affiliations, or membership or non- membership in the Union. Section 3: No Strikes or Lockouts Both the City and the Union recognize the continuing obligation to provide electrical, gas and water service to the City of Vernon. Accordingly, during the term of this agreement, the Union, its officers, agents, representative and/or members agree they will not cause, condone or participate in any strike, walk out, work stoppage, job action, slowdown or sickout, including compliance with a request of other labor organizations to engage in any or all of the preceding activities. During the term of this agreement, the City agrees it will not lockout employees represented by the Union. Section 4: City/Union Meetings Representatives from the Union and the City shall meet as needed to discuss issues of mutual concern. Section 5: Union Business A. Access to Facilities Except as specifically identified in Section C below, all Union business will be conducted by employees and Union representatives outside of established work hours. 8 Nothing herein shall be construed to prevent a Union representative or an employee from contacting the Human Resources Director or other management representatives regarding personnel related matters during work hours. The authorized Union Business Agent shall be given access to work locations during working hours provided that prior to visiting any work location the Union representative shall: Obtain authorization for the visit from the Human Resources Director or designee. In the event the requested time and/or location of such visit by the Union Business Agent is denied because it would interfere with the operations of the department, the Human Resources Director or designee shall consult with the Union Business Agent regarding availability and set an alternative time and/or location for such visit within seventy-two (72) hours of the request. The Union may schedule meetings in the City facilities at such times these facilities are not in use by submitting a written request to the Human Resources Director or designee, which shall include the date, time, and number of people expected. Approval will be granted in the same manner as it is granted to other organizations. B. Shop Stewards The City agrees to recognize up to three (3) Stewards appointed by the Union. The Union shall notify the City in writing of the names of each Steward. C. Union Business The Stewards shall be allowed release time during their regular work hours to conduct Union related business as necessary provided it does not unreasonably interfere with the Stewards’ and/or employees’ regular work duties. If a Steward must leave his/her work location to conduct Union related business, he/she shall first obtain authorization from his/her supervisor to do so. Authorization to leave will be granted unless such absence would be unreasonable. If such authorization cannot be granted promptly, the Steward will be informed when time can be made available. To the extent reasonable and compatible with City operational needs, such time will not be more than forty-eight 48 hours, excluding scheduled days off and/or legal holidays, after the time of the Steward’s request unless otherwise mutually agreed upon. For purposes of this section, “Union Business” shall include grievance investigations, meetings with management called by management or the Steward, investigatory meetings where an employee has requested a Steward, contract/MOU negotiations, meetings with Human Resources involving personnel or labor relations matters, council meetings, health insurance committee meetings, and meetings of any other committees established by the City that involve matters directly pertaining to the bargaining unit with regard to said committees. Any Steward seeking leave time for Union business for tasks not listed in this section shall obtain authorization from the Human Resources Director or designee. The City agrees to allow all employees of the bargaining unit paid release time to attend a Union meeting on site at the City up to twice per year, up to one 1 hour per meeting. The City agrees to provide a total of 3 days (up to 36 hours) of paid release time per year for 9 employees selected by the Union to attend a Union-sponsored Steward seminar or training located in Southern California. The Union shall provide the City at least ten (10) calendar days prior written notice of the request to release the selected employees for the seminar. Such request shall include the date and start/end time of the seminar. City vehicles may be made available upon request subject to availability and the City’s vehicle use policy. Release time as provided for in any of the above sections shall not result in the City incurring any overtime. Section 6: Management Rights The City retains all of its exclusive rights and authority under Federal and State Law and the City Code, and expressly and exclusively retains its management rights, which include, but are not limited to:  The exclusive right to determine the mission of its constituent departments, commissions, and boards;  Set standards and levels of service; and to expand or diminish services;  Determine the procedures and standards of selection of employment and promotions;  Direct its employees;  Establish and enforce dress and grooming standards;  Relieve its employees from duty because of lack of work or other lawful reasons subject to the layoff procedure set forth in this memorandum of understanding;  Maintain the efficiency of government operations;  Determine the methods, means numbers, and kinds of personnel by which government operations are to be conducted;  Determine the content and intent of job classifications;  Determine methods of financing;  Determine style and/or types of City issued wearing apparel, equipment, or technology to be used;  Determine and/or change facilities, methods, technology, means, organizational structure, size, and composition of the work by which the City operations are to be conducted;  Determine and change the number of locations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right 10 to contract for or subcontract any work or operations of the City subject to the Contracting Provision set forth in this memorandum of understanding;  To assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice;  Establish and modify productivity and performance programs and standards;  Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for cause in accordance with applicable laws and with the provisions of this MOU, and in accordance with Article XV – Discipline Procedure.  Take all necessary actions to carry out its mission in emergencies; and  Exercise complete control and discretion over its organization and the technology of performing its work. The Union expressly and specifically agrees that except to the extent that the City’s rights are expressly limited by the terms of this Agreement, the Union waives any and all of its rights to meet and confer on any of the City’s rights; provided, however, that if the exercise of these rights impacts wages, hours, or terms and conditions of employment, the City will meet and confer on the effect of its actions. This will occur prior to implementation except in emergency circumstances as defined in law. The agreement to meet and confer over the effect of the exercising of a City right shall not in any way impair the right of the City to exercise and implement any of its rights. Section 7: Employee Rights The City and Union mutually recognize and agree to fully protect the rights of all employees covered by this MOU to join and participate in the activities of the Union and corresponding rights of covered employees to refrain from joining and participating in the activities of the Union. The City agrees that no employee shall be interfered with, intimidated, restrained coerced or discriminated against because of the exercise of these rights. 11 ARTICLE TWO LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM Section 1: Legal Limitations and Savings Clause It is understood and agreed that this Memorandum of Understanding (including, but not limited to, the provisions of the Fair Labor Standards Act) and any and all Resolutions or Ordinances adopted in implementation thereof are and shall be subject to all present and future applicable federal and state laws and regulations and shall be effective and implemented only to the extent permitted by such laws and regulations. If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in implementation thereof is in conflict or inconsistent with any such applicable provisions of federal and state laws or regulations or otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded, and such applicable laws and regulations and the remainder of this Memorandum of Understanding shall not be affected thereby and shall remain in full force and effect. The parties further agree to meet and confer for purposes of negotiating an alternative to any provision declared invalid or unenforceable. Section 2: Term (a) Except as otherwise provided herein, this Memorandum of Understanding shall be in full force and effect from July 1, 202219, and shall remain in full force and effect up to and including midnight, the 30th day of June 20252, or until the next Memorandum of Understanding becomes effective. (b) This Memorandum of Understanding shall be binding on the City and the Union when approved and adopted by the City Council. Except as otherwise provided in Article IV, Section F, herein, the City and the Union agree to submit proposals for any changes related to wages, benefits and/or other terms of and conditions of employment affecting this Memorandum of Understanding between February 1, 20252 and March 1, 20252. Section 3: Maintenance of Existing Conditions Any employment policy, practices and/or benefits, including the alternative workweek schedule and overtime compensation are incorporated into this Memorandum of Understanding, unless otherwise stated herein. In the event of a conflict between the Memorandum of Understanding and an existing policy and/or practice, this Memorandum of Understanding shall govern. 12 Section 4: Modification and Waiver The City reserves the right to add to, delete from, amend or modify the Administrative rules, the City Municipal Code, and the City’s Personnel Policies and Procedures Manual during the term of the Memorandum of Understanding, subject to the requirements of the Meyers-Milias-Brown Act. Section 5: Severability In the event that a court finds any provision(s) of this Memorandum of Understanding to be invalid or unenforceable, the parties intend that the remaining provisions remain in effect. The parties further agree to meet and confer for purposes of negotiating an alternative to any provision declared invalid or unenforceable. 13 ARTICLE THREE ORGANIZATIONAL SECURITY Section 1: Organizational Security Upon receipt of written certification from the Union of an employee’s voluntary authorization for the deduction, the City shall deduct and remit to the Union the Union’s initiation fee and periodic dues for members of the Union. Should there be a dispute regarding the existence or terms of the authorization for deduction of dues and/or fees, the Union shall provide the City with a copy of the authorization(s) signed by the employee. Dues and/or fees withheld by the City shall be transmitted to the Union Officer designated in writing by the Union as a person authorized to receive such funds, at the address specified. Dues and/or fees shall be deducted from the first and second paycheck of each month and remitted to the Union by the last business day of the month. The City shall not deduct money specifically earmarked for a PAC or other political activities unless such deduction is affirmatively, separately and specifically authorized in writing by the unit member. The Union shall keep an adequate itemized record of its financial transactions and shall make available annually to the City and, upon request, to the employees who are members of the unit, within sixty (60) days after the end of its fiscal year, a detailed written financial report in the form of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or principal officer, or by a certified public accountant. A copy of financial reports required under the Labor-Management Disclosure Act of 1959, or Government Code section 3546.5, shall satisfy this requirement. The Union shall provide protection to the City by indemnifying, defending and holding the City harmless from and against all claims and liabilities as a result of any loss, claim, liability or cause of action arising out of the operation of this article. Section 2: Contracting Out Provision The City and the Union share a common interest in maintaining the stability and the security of the City’s workforce. As such, the City agrees to notify the Union prior to any decision to contract with an outside party if such contracting out will have a significant, long-term impact on work performed by employees in classifications represented by the Union. Such notification will be given before a decision to contract out is made, and the Union will have an opportunity to comment prior to a determination by the City to enter into contracting arrangements. If such contracting out will result in potential layoff of any unit member(s), the City shall meet and confer over the impact and effect such contracting out will have on the membership. This provision shall not apply to contracts already established at the time this MOU is adopted. 14 ARTICLE FOUR COMPENSATION Section 1: Salaries A. Effective August 20, 2019, base salaries for the represented classifications shall be increased three percent (3%). B. Effective July 5, 2020 (the first full pay period in Fiscal year 2020-2021, base salaries for the represented classifications shall be increased three percent (3%). C. Effective July 4, 2021 (the first full pay period in Fiscal year 2021-2022), base salaries for the represented classifications shall be increased three percent (3%). A. Effective DATEJuly 31, 2022, the base salariesthe base salaries for represented classifications shall be increased three percent (3%). B. Effective the first full pay period in July of each subsequent year during the term of the agreement, the base salaries for represented classifications shall be increased three percent (3%). D.C. Attached as “Addendum BC” is a listing of the IBEW represented positions and the hourly, monthly or annual salaries of each classification. and a notation of the benchmarked positions. It is understood that the information listed in Addendum BC may become outdated during the term of this Agreement. Section 2: Merit Steps A. Employees who are not at the top step of their Classification Compensation Plan shall move to the next step on the Plan, if the employee achieved an overall “above average” as of their immediately preceding annual performance evaluation (s). B. The merit salary advances earned during the fiscal year shall go into effect at the beginning of the first full pay period of the fiscal year. C. The effective date of these merit salary advances (described in Section B above) shall not alter the employee’s actual classification anniversary date. Section 3: Temporary Upgrade Pay – Special Assignment Employees assigned to the Electric Operations Group and Generation Group, who in the discretion of the Department Head or his/her designee, are authorized to assume the duties of a higher level position and who are temporarily assigned by the Department Head or his/her designee to perform the duties of said higher level position shall receive a temporary Utilities Systems Operation Premium (USOP) increase of five percent (5%) after a total of three (3) hours worked in the 15 higher class within an assigned shift, retroactive to the first hour for those hours worked in the higher classification. An employee will not be reassigned for the purpose of avoiding the USOP within an assigned shift. The department head shall post a list of employees who are determined to be qualified for temporary upgrade. The list shall contain the title of each classification in which the employee is deemed eligible to perform at the higher level position. The employee shall have the option to decline the temporary upgrade. Section 4: Bilingual Pay An employee may be eligible to be compensated for bilingual pay if his/her regular job duties as described in his/her job description provide for interaction with the public on a regular basis. Employee must demonstrate proficiency in speaking Spanish (the ability to read and write in Spanish may also be tested if necessary). Proficiency would be determined by successful completion of a proficiency test as determined by the Human Resources Department. Those employees who successfully demonstrate this skill would be eligible to receive an additional $12275.00 per month for bilingual pay. Section 5: Longevity Pay A. Employees Hired on or Before June 30, 1994 Five (5) Years of Service All eligible employees who have five (5) years of consecutive uninterrupted service on or before July l, 1986, shall receive an additional five percent (5%) per month of their base salary effective July l, 1986, and every year thereafter until reaching the next step. Employees upon reaching their 5th anniversary date after July 1, 1986, shall be entitled to said five percent (5%) per month upon said anniversary date. Ten (10) Years of Service All eligible employees who have ten (10) years of consecutive uninterrupted service on or before July 1, 1987, shall receive an additional ten percent (10%) per month of their base salary effective July 1, 1987, and every year thereafter until reaching the next step. Employees upon reaching their 10th anniversary date after July 1, 1987, shall be entitled to said ten percent (10%) per month upon said anniversary date. Fifteen (15) Years of Service All eligible employees who have fifteen (15) years of consecutive uninterrupted service on or before July 1, 1988, shall receive an additional fifteen percent (15%) per month of their base salary effective July 1, 1988, and every year thereafter until reaching the next step. Employees upon reaching their 15th anniversary date after July 1, 1988, shall be entitled to 16 said fifteen percent (15%) per month upon said anniversary date. Twenty (20) Years of Service All eligible employees who have twenty (20) years of consecutive uninterrupted service on or before July 1, 1989, shall receive an additional twenty percent (20%) per month of their base salary effective July 1, 1989, and every year thereafter. Employees upon reaching their 20th anniversary date after July 1, 1989, shall be entitled to said twenty percent (20%) per month upon said anniversary date. B. Employees Employed On or After July 1, 1994 and before December 31, 2013. The longevity program described in this Section will apply to all employees employed on or after July 1, 1994, and before December 31, 2013. Five (5) Years of Service All eligible employees who are employed on or after July 1, 1994, and before December 31, 2013, who attain five (5) years of consecutive uninterrupted service shall receive an additional five percent (5%) per month of their base salary. Such employees upon reaching their 5th anniversary date shall be entitled to receive said five percent (5%) per month upon said anniversary date. Further, such employees will not be entitled to receive any additional percentage increase to their base salary for further service. This subsection shall only apply to employees hired on or after July 1, 1994, and before December 31, 2013. Section 6: Promotions Upon promotion, employees will be placed at the step within the grade for the position which results in at least a five percent (5%) increase, except that such increase cannot extend beyond the top step of the range. Please refer to Personnel Policy II-3, Salary Plan Administration for specific terms and policy. Section 7: Reclassification In any case where a position is reclassified to a class with a salary grade having a higher maximum salary rate, and the incumbent meets the minimum qualifications for the new class, and is in fact performing the full range of duties and responsibilities of the new classification, the incumbent shall be placed at the step within the new salary grade that is closest to his/her current salary and that would provide a minimum of a five percent (5%) increase, not to exceed the maximum of the grade. Consideration of the reclassification recommendation shall be based on competitive conditions and the City’s ability to pay and shall be subject to approval by the City Council. Please refer to Personnel Policy II-2, Reclassification Plan for specific terms and policy. 17 ARTICLE FIVE OVERTIME Section 1: Overtime Authorization All overtime requests must have prior written authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Where verbal authorization is obtained, written authorization must be obtained as soon thereafter as practicable. Section 2: Overtime Compensation Employees will be paid overtime at time and a half (1.5) of their regular hourly rate for all eligible hours worked in excess of forty (40) hours in a single workweek. Time worked after four consecutive overtime hours of the employee’s regular shift, shall be paid at the double time rate. For Operations and Generations personnel regularly assigned to a 4/10 work schedule, employees shall be paid overtime at the double-time rate of pay for hours worked in excess of 14 consecutive hours in a shift. Employees regularly assigned to the 12-hour rotating Dupont schedule shall be paid at the double- time rate of pay for all hours worked in excess of 16 hours in a shift. Holidays (regular, in-lieu and floating), sick time, vacation time, compensatory time, paid jury duty leave, and bereavement leave shall count as time worked for the purposes of computing overtime. Union leave, unpaid jury leave, disciplinary suspensions, and administrative leave shall not count as time worked for the purpose of computing overtime. Section 3: Compensatory Time In lieu of cash payment, an employee may request compensatory time for overtime worked. Accrual of compensatory time shall be limited at any point in time to a maximum of sixty (60) normal working hours. Compensatory time shall be calculated by multiplying the number of overtime hours worked by the appropriate factor of 1.5 or 2 times the regular hourly rate. A. Planned overtime shall be compensated as mutually agreed upon in advance by employee and employer. 18 B. Scheduling of compensatory time requires prior management approval and must be preceded by a ten (10) day notice of intended use from the employee. Management may waive the ten (10) day notice in cases of emergency. Compensatory time off may be taken only in 15 minute increments. The ten (10) day notice requirement shall not apply to attendance at funerals; the employee will notify management as soon as the need to be absent for a funeral is known. 19 Section 4: Call Backs Emergency call back duty occurs when an employee is requested to report to duty on a non-regularly scheduled work shift. Emergency call back policy is applicable when an employee is requested to return to work after the employee’s work day is completed and/or prior to when the employee is scheduled to begin his/her shift. Emergency call back does not occur when an employee is held over from his/her prior shift or is working planned overtime. An employee called back to duty shall be credited with a minimum of four hours of work at the applicable overtime rate. Any hours worked in excess of four hours shall be credited for actual time worked at the applicable rate. During emergency call back, any paid sick leave hours taken during that week shall be counted as hours worked for the purpose of computing overtime. If the employee is called back to duty, his/her work time shall be credited commencing when the employee reports to work and shall conclude when the employee leaves work. For Operations and Generations personnel regularly assigned to a 4/10 work schedule, employees shall be paid overtime at the double-time rate of pay for hours worked in excess of 14 consecutive hours in a shift. Employees regularly assigned to the 12-hour rotating Dupont schedule shall be paid at the double- time rate of pay for all hours worked in excess of 16 hours in a shift. 20 ARTICLE SIX UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT Section 1: Uniforms The City shall provide uniforms in accordance with departmental policy to all personnel who are required to wear uniforms while on duty. Uniforms issued by the City are considered as compensation and the value of such is reported to the Public Employees’ Retirement System annually as special compensation. Section 2: Safety Boot/Shoe Allowance The City will provide a safety boot/shoe allowance of $200.00 payable in January of each year of the contract for those employees required to wear safety boots/shoes. The boots/shoes purchased must be appropriate to the employee’s job classification and must meet applicable CAL-OSHA regulations and City/Departmental policies. Employees hired after January 1st will be eligible for a pro-rated amount as follows: Hired, Promoted, or Reclassified on or between: Safety Boot/Shoe Allowance January 1 – March 31 $200 April 1 – June 30 $150 July 1 – September 30 $100 October 1 – December 31 $50 Employees receiving the boot/shoe allowance are required to wear the prescribed boots/shoes at all times while in the field or as required. Employees must maintain boots/shoes in proper condition to ensure employee safety. The City reserves the right to determine if the boot or shoe is appropriate to job classification in conformance with applicable CAL-OSHA regulations and City/Departmental policies. 21 ARTICLE SEVEN HEALTH AND WELFARE BENEFITS Section 1: Medical The City offers various medical plans to employees. The City reserves the right to select, administer, or fund any fringe benefit programs involving insurance that now exist or may exist in the future. The City shall meet with the Union prior to any change of insurance carrier or method funding coverage for any fringe benefits listed in this article. Section 2: Cafeteria Plan The City and Union agree to a section 125 cafeteria plan (non-cashout), for this bargaining unit effective July 1, 2016. The City will adhere to the cafeteria plan requirements in accordance with IRS Section 125 regulations. The City shall provide to each employee in this bargaining unit a monthly allowance toward the cost of his/her medical plan as outlined in Subsection A through C below. In the event an employee does not exhaust nor exceed his/her monthly medical allowance, the employee shall be allowed to apply any unused portion towards the purchase of dental, vision, supplemental or ancillary plans offered through the City and approved by the Director of Human Resources. A. Effective July 1, 2016, the City shall provide a contribution equal to the total premium costs of Employee-Only, Employee + Spouse, Employee + Child(ren), or Employee + Family lowest-cost HMO, lowest-cost Dental DMO, and lowest cost vision plan that corresponds with the employees’ benefit selection. Employees who elect a health plan whose premium cost is higher than the Low HMO medical, dental and vision, will be responsible for any applicable excess premium costs. However, if an employee opts out of dental and/or vision coverage, then they may use these allotments for those respective coverages to pay towards the excess medical premiums. The City understands that the allotment amounts will vary based on the premium costs that go into effect on January 1 of each calendar year of the term of this Agreement. B. During the term of this Agreement, Employees will be allowed to opt in to the Employee + Family plan during any open enrollment period or upon a qualifying event as prescribed and defined by the City’s insurance provider. C. For Employees electing Employee-Only, Employee + Spouse or Employee + Child(ren) plans, the maximum contribution by the City shall be either the amount set forth in Section A or $1120, whichever is greater. For employees enrolled in the PPO/HSA plan, the City shall pay up to 100% of the monthly cost of the plan for employees and eligible 22 dependents, not to exceed $870 per month. In addition, for each employee enrolled in a PPO/HSA plan, annually the City shall make lump sum contributions to a health savings account (HSA) as follows: $1,500 in January, and $500 each in March, June and September. The cost of any PPO/HSA plan selected by the employee that exceeds $870 shall be paid by the employee through a pre-tax payroll deduction. Employees who are military veterans who receive medical coverage through the Veterans Administration (VA) shall be exempt from the requirement to enroll in the City’s medical plan. Employees who have medical coverage through the VA shall still be entitled to enroll in the City’s dental, vision insurance and to purchase other supplemental benefits up to the amount they would have received for their elected VA medical coverage tier. For example, if an employee who receives medical insurance through the VA elects Employee Only medical coverage tier, then he or she is eligible to receive cafeteria benefit amount up to the lowest cost HMO employee only tier. Section 3: Dental: The City of Vernon provides a dental insurance plan to employees. In the event an employee does not exceed his/her monthly employer medical allowance, the employee shall be allowed to apply any unused portion toward the purchase of dental insurance for himself/herself and eligible dependents. The cost of any plan selected by the employee that exceeds his/her monthly employer medical allowance shall be paid by the employee through a pre-tax payroll deduction. Section 4: Vision The City of Vernon provides a vision care plan to employees. All premiums for vision coverage at each tier of coverage are to be deducted from the total monthly city contribution for Medical, Dental and Vision coverage. In the event an employee does not exceed their monthly employer medical allowance, the employee shall be allowed to apply any unused portion towards the purchase of additional provided coverage for vision care. Section 5: Life Insurance The City provides life insurance up to $20,000 in coverage to employees. The City shall pay 100% of the cost of such plan for employees. The City’s agreement to pay full or partial costs of said premiums shall not create or ripen into a vested right for said employee. Section 6: Deferred Compensation Employees are eligible to participate in the City’s Deferred Compensation Program. Should the City adopt a resolution that allows employees to contribute accrued sick leave to deferred compensation contributions, the parties agree to re-open this provision to allow IBEW-represented employees to participate in such program. 23 Section 7: Other City Employee Programs Employees are eligible to participate in all City sponsored programs adopted by City Council Resolutions that are intended to benefit all employees in the areas including, but not limited to the following areas. Information on these policies and programs may be found using the link provided.of, but not limited to the following: • Computer loan purchase planprogram https://www.cityofvernon.org/home/showpublisheddocument/824/637635968056100000 • Corrective eye surgery loan program plan https://www.cityofvernon.org/home/showpublisheddocument/1370/637635968698500000 • Flexible Spending PlanAccount https://www.cityofvernon.org/government/human-resources/benefits/current-employees/-folder-172 • Hearing aid devicse loan program plan https://www.cityofvernon.org/home/showpublisheddocument/1376/637635968710400000 • Tuition reimbursementEducation Assistance Program plan https://www.cityofvernon.org/home/showpublisheddocument/826/637635968096430000 • Court Time https://www.cityofvernon.org/home/showpublisheddocument/412/637618110854800000 ARTICLE EIGHT RETIREMENT Section 1: Public Employee Retirement System (“PERS”) The City shall maintain its contract with the California Employees Public Retirement System (PERS) that provides IBEW employees with 2.7% at 55 PERS retirement benefit plan. As a result of the recent passage of AB 340, Public Employee Pension Reform Act (PEPRA), new CalPERS members hired on or after January 1, 2013, who meet the definition of new member under PEPRA, shall be provided a 2.0% at 62 PERS retirement benefit plan. IBEW members shall be responsible for paying 100% of their PERS employee’s contributions. The City and Union agree to a reopener to discuss the impacts and effects if the applicable laws concerning PERS are amended during the term of this contract. The City makes no representation as to whether any of the compensation or payments in this Agreement are subject to CalPERS service credit or pensionable income. Employees/Union 24 expressly acknowledge that any determination by CalPERS to not fully credit the compensation and/or service time provided under this Agreement is not a proper basis on which to void the Agreement. Employees/Union further acknowledge that they will not pursue any claim or action against the City related to any determination made by CalPERS in connection with this Agreement. Effective August 20, 2019, in accordance with Government Code Section 20516(f) pursuant to a cost-sharing arrangement, all employees designated as “classic” employees and enrolled in the “classic” retirement benefit formula shall share the cost of the employer CalPERS contribution by paying an additional 1% of CalPERS reportable compensation for a total contribution of nine percent (9%). Effective July 5, 2020, in accordance with Government Code Section 20516(f) pursuant to a cost- sharing arrangement, all employees designated as “classic” employees and enrolled in the “classic” retirement benefit formula shall share the cost of the employer CalPERS contribution by paying an additional 1% of CalPERS reportable compensation for a total contribution of ten percent (10%). Effective July 4, 2021, in accordance with Government Code Section 20516(f) pursuant to a cost- sharing arrangement, all employees designated as “classic” employees and enrolled in the “classic” retirement benefit formula shall share the cost of the employer CalPERS contribution by paying an additional 1% of CalPERS reportable compensation for a total contribution of eleven percent (11%). Section 2: Supplemental PERS Retirement Benefits The City agrees to provide additional supplemental retirement benefits to IBEW employees under PERS as follows: • Gov’t Code Section: 20042 – (Classic Members Only) One Year Final Compensation • New employees hired on or after January 1, 2013 who meet the definition of new member under PEPRA shall receive 3 Year Average Final Compensation • Gov’t Code Section: 21024 – Military Service Credit as Public Service • Gov’t Code Section: 21548 – Pre-Retirement Option 2W Death Benefit • Gov’t Code Section: 21573 – Third Level of 1959 Survivor Benefits 25 Section 3: Retiree Medical A. The City will pay up to the amount equivalent to the then current, lowest cost, employee only HMO insurance premium for the City's m edical and/or dental insurance premium(s) for all full-time regular employees who retire at age sixty (60) or later, with at least twenty (20) years of continuous uninterrupted service. Retired employees will be permitted to enroll in a higher- cost plan and pay the amount in excess of the HMO equivalent. B. All full-time regular employees with at least thirty (30) years of continuous uninterrupted service who retire before the age of sixty (60) years will be permitted to pay their medical and/or dental insurance premiums, and, upon reaching the age of sixty (60), the City will pay up to the amount equivalent to the then current lowest cost, employee only HMO medical and/or dental insurance premium(s). C. Eligible retired employees may opt not to enroll in the City’s medical and/or dental insurance coverage and instead receive a monthly reimbursement payment equivalent to the then-current lowest cost City-offered Employee-only medical- HMO and/or dental HMO insurance premium. An eligible retired employee who chooses this option and later has no reimbursable expenses is still eligible to receive the reimbursement at a later time when he or she does have qualifying reimbursable expenses. Once an employee who has opted out reaches Medi-care eligibility, the retiree shall receive a monthly reimbursement equal to the then-current cost of supplemental coverage. Once a retired employee opts not to enroll in the City’s medical and/or dental insurance, he or she will not be allowed to re-enroll in the City’s health plans. D. All full-time regular employees, who retire with a minimum of ten (10) years of continuous uninterrupted service with the City may pay the premium(s) for medical and/or dental insurance. D.E. Current active employees as of July 1, 2022, who have had a break in service with the City shall receive credit for any previous full-time City of Vernon service for the purpose of determining eligibility for retiree medical benefits. E.F. All retiree medical and/or dental insurance benefits provided pursuant to subsections A, B, and C above, shall be for retired employees only and shall not include their spouses or other dependents. F.G. All retired employees who receive medical and/or dental insurance benefits pursuant to subsections A, B, or C above and who reach the age of sixty-five (65), are required to be enrolled in Medicare, and shall show proof of such enrollment, where upon the City's insurance policy will become supplemental coverage, if applicable. G.H. The City’s obligation to make any payment under the retiree medical benefits 26 program shall automatically terminate and cease upon the death of the retired employee. H.I. The offer of the retiree medical benefits is not a vested right for future years. 27 ARTICLE NINE HOLIDAYS Section 1: Holidays A. All full-time employees, excluding employees assigned to the 12-hour rotating shift (DuPont Schedule) or any Resource Scheduler and Mechanic, Lead on the Tuesday through Friday schedule, shall be provided with the following holidays with pay subject to the provisions below. 1. January 1st - New Year’s Day 2. The 3rd Monday in January – Martin Luther King, Jr. Day 3. The 3rd Monday in February – Presidents’ Day 4. March 31st – Cesar Chavez Day 5. The last Monday in May – Memorial Day 6. July 4th – Independence Day 7. The first Monday in September – Labor Day 8. The second Monday in October – Columbus Day 9. November 11th – Veterans Day 10. The 4th Thursday in November – Thanksgiving Day 11. December 24th – Christmas Eve 12. December 25th – Christmas Day 13. December 31st – New Year’s Eve 14. Such other days as may be designated as holidays by the City Council of the City of Vernon B. If an authorized holiday falls on a Sunday, the following Monday shall be treated as the holiday. Holidays falling on a Friday or Saturday, shall not be granted as an authorized holiday to employees. C. Temporary, and part-time employees are not eligible for paid holidays. D. An employee whose regular 4/10 shift assignment falls on an authorized holiday and who is required to work on that day shall be paid at his/her regular hourly rate of pay for the holiday, plus 2X (two times) his/her regular hourly rate of pay for the actual hours he/she was required to work on the authorized holiday. E. If New Year’s Day or Christmas Day falls on a Friday or Saturday, and the 4/10 employee is required to work on that day, he/she shall not receive holiday pay (as set forth in subsection B above), but shall be paid 2X (two times) his/her regular hourly rate of pay for the actual hours he/she was required to work on that day. F. Employees assigned to the 12–hour DuPont Schedule and the Tuesday through Friday Resource Scheduler and Mechanic, Lead schedule shall not be eligible for Holiday pay, but shall instead receive forty-eight (48) hours of In-Lieu Holiday time subject to the provisions below. 28 Section 2: In-Lieu Holiday Time A. An employee regularly assigned to the 12-hour rotating shift (DuPont Schedule) whose duties are such that he/she does not receive the benefits of regular legal holidays, shall be granted 4860-hours of In-Lieu Holiday time effective July 1st of each fiscal year. B. An employee regularly assigned to the classification of Resource Scheduler and Mechanic, Lead, whose regular work schedule of Tuesday through Friday is such that he/she shall not receive the benefits of regular legal holidays of the City of Vernon, shall be granted 120-hours of In-Lieu Holiday time effective July 1st of each calendar year. C. Such In-Lieu Holiday time shall only be granted so long as said employee is on the active payroll of the Department. D. In-Lieu Holidays must be taken prior to June 30th of the fiscal year in which they are provided. Holidays may be taken as days off on dates desired by the employee subject to the approval of the Department Head or designee. E. Such In-Lieu Holidays not taken within the prescribed timeline, shall not be paid for unless the employee was continuously denied the opportunity to utilize them during the fiscal year for which such In-Lieu Holidays were granted. In that case only, the employee shall be paid for said In-Lieu Holidays not taken with his or her first payroll check on or after June 30th of the year in which the in-lieu holidays were granted, at his or her then regularly hourly rate of pay, excluding all other compensation computed in accordance with the applicable salary. F. An employee who resigns, retires, transfers into a 4/10 work schedule or is terminated shall not be entitled to any compensation for In-Lieu Holidays not taken unless previously denied. 29 ARTICLE TEN VACATION Section 1: Vacation Leave All full-time employees shall accrue vacation according to the following schedule: 4/10 Schedule: Continuous Years of Service Vacation Hours Earned Bi-Weekly Accrual 1st year thru 4th year 80 3.08 5th year thru 9th year 100 3.85 10th year thru 14th year 120 4.62 15th year thru 24th year 160 6.16 25th year and more 190 7.31 12-Hour Rotation Shift (DuPont Schedule): 1st year thru 9th year 120 4.62 10th year thru 14th year 160 6.16 15th year and more 160 + one week’s equivalent 6.16 salary on anniversary date and each anniversary date thereafter. Current active employees as of July 1, 2022, who have had a previous break in service with the City shall receive credit for any previous full-time City of Vernon service for the purpose of determining accrual of vacation leave. Section 2: Vacation Accumulation A. Accumulation and carry-over of vacation leave shall be limited to a maximum of the number of hours the employee was eligible to accrue during the immediately preceding year. In or about February of each year, employees shall be compensated for unused accrued vacation benefit in excess of the allowed accumulated amount referenced above. Cash-out monies may be taken as cash or may be contributed to the employee’s 457 deferred compensation account subject to the rules of the plan. B. No vacation leave shall be accumulated by employees while they are on an unpaid leave of absence or non-work related disability leave. C. In the event one or more City holidays fall within a vacation period, such holidays shall not be charged as vacation leave. D. Upon separation from City employment, compensation shall be paid for vacation leave which has been earned but not taken. 30 Section 3: Scheduling of Vacation A. Vacation leave shall be scheduled with the approval of the Department Director or his or her designee by submitting a Leave Request Form in writing, within ten business days before the beginning of the vacation. Vacation leave requests for extended times (3 weeks or more), unless an unforeseen emergency exists, shall be submitted at least thirty (30) days in advance of the beginning of the vacation. Vacations shall be approved subject to the needs of the department. The employee’s seniority and wishes will be factors that are considered during the scheduling process. Non-earned vacation leave shall not be allowed. B. Vacation leave requests shall not be in excess of such leave actually earned at the time it is requested or in excess of the regular scheduled workweek. 31 ARTICLE ELEVEN SICK LEAVE Section 1: Sick Leave Full-time Employees shall accrue up to 80 hours of sick leave per calendar year, at a rate of 3.08 of sick leave hours per pay period. If the full-time employee works, or is on regular paid status, less than a full year, the hours of sick leave will accrue on a pro rata basis. In accordance with the Healthy Workplaces, Healthy Families Act of 2014, beginning July 1, 2015, all pPart-time and temporary employees (excluding CalPERS retired annuitants) working for 30 or more days within a year shall be entitled to accrue paid sick days at the rate of one (1) hour per every 30 hours worked and shall be eligible to use accrued sick leave after satisfying a 90-day employment period. Employee shall only receive sick leave accrual while they are in a paid status. A. The City shall allow annual carry-over of sick leave hours up to a maximum accrual cap of 960 hours. This bank of carry-over would provide a cushion for longer-term illnesses and injuries. B. Employees will continue to accrue sick leave hours at the 80 hours per year rate, and any sick leave hours exceeding 960 will be compensated in or about February of each year at 50% of the employee’s hourly rate. Cash-out monies may be taken as cash or may be contributed to the employee’s 457 deferred compensation account subject to the rules of the plan. C. Sick leave shall be allowed only for actual illness or injury not arising out of and in the course of employment. If sick leave on account of illness or injury exceeds two (2) working days, the employee, prior to returning to work, shall submit a statement from a physician or a qualified medical professional approved by a physician, certifying that the employee's physical condition prevented the employee from performing the duties of said employee's position during the period of absence. All sick leave shall be approved by the department head. Notwithstanding the above, the City may require verification of sick leave use whenever it has reason to believe there is misuse, abuse or a pattern of abuse. D. Except as hereinafter provided, upon retirement or disability retirement pursuant to City Council approval, or under the State Employees' Retirement System or pursuant to the provisions of any applicable agreement between the City and a state retirement system, or upon death, accumulated and unused sick leave credit shall be paid on the following basis: a. If an employee resigns from the City with 20 years or more of continuous service, he/she will be compensated for all unused sick leave hours in his/her sick leave bank at the time of separation at 50% of his/her then current regular hourly rate of pay. b. If an employee retires from the City with 15 to 20 years of continuous service, he/she will be compensated for all unused sick leave hours in his/her sick leave 32 bank at the time of separation at 50% of his/her then current regular hourly rate of pay. If an employee retires from the City with more than 20 years of continuous service, he/she will be compensated for all unused sick leave hours in his/her/ sick leave bank at the time of separation at 100% of his/her then current regular hourly rate of pay. Section 2: Family Sick Leave (Kin Care) Employees may use in any calendar year the employee’s accrued and available sick leave entitlement, in an amount not more than the sick leave that would be accrued during six months at the employee’s then current rate of entitlement, for qualifying family illness as follows: Sick leave for family illnesses will be allowed only for the sickness of the spouse of, or the children of, or mother, or father of, the employee living within the same household. In the case of joint custody of a child, illness of the child occurring at the other custodial parent’s house may also qualify. All family sick leave shall be approved by the department head. 33 ARTICLE TWELVE LEAVE BENEFITS Section 1: Jury Duty A. All regular full-time employees summoned to serve on jury duty shall be provided “Jury Duty Pay” and there shall be no loss of compensation. An employee will be compensated up to two weeks at full pay for jury duty. The employee must provide notice of the expected jury duty to his or her supervisor as soon as possible, but in no case later than 14 calendar days before the expected start date of the jury duty. B. An employee on call for jury duty is expected to report to work. An employee who is called in for jury duty does not have to report to work before or after appearing in court. All employees shall obtain verification of the hours of jury duty performed using verification forms as may be supplied by the court. Employees shall notify their supervisor on the day they are released from their jury duty obligations. C. Except as herein provided, employees shall remit to the City any compensation received for those days while on jury duty and shall receive regular pay for the time served. Employees shall be reimbursed by the City for the mileage portion of the jury duty compensation. Jury duty performed on an employee’s regular day off shall not be compensated by the City and the employee shall be entitled only to the jury’s compensation for duty performed on such employee’s regular day off. Employees assigned to jury duty on a City authorized holiday will be considered to have taken such a holiday and will receive regular holiday pay, but the employee shall be entitled to the jury compensation for duty performed on such holiday. D. For those employees working graveyard and swing shift, or other shifts starting at an early and/or late hour (i.e., 5:00 a.m. or 9:00 p.m.); Management shall reschedule the employee to a day shift with a start time ranging between 7:00 a.m. to 9:00 a.m. Monday thru Friday. This temporary reassignment shall be only for the duration of the jury duty. Reassignment of duties may also be made so that the employee may have more productive time prior to, and following release from, jury duty. Section 2: Military Leave of Absence Military leave shall be granted in accordance with the provisions of applicable federal and state law. Every employee entitled to receive the benefits of military leave shall give his/her Department Director the opportunity, within the limits of the law and military necessity, to determine when such leave shall be taken. Section 3: Bereavement Leave Permanent full-time employees, regardless of period of service, may in the event of death or if death appears imminent, of any “immediate family member” as defined below including the equivalent relatives of a registered domestic partner, be allowed up to the equivalent of four (4) work days (40 or 48 hours, based upon the employee’s regular work schedule) of bereavement leave without loss of salary. 34 Relative All Regular Employees Spouse 4 work days Child 4 work days Registered Domestic Partner 4 work days Step-Child 4 work days Parent 4 work days Step-Parent 4 work days Mother-in-law 4 work days Father-in-law 4 work days Step-Parent-in-law 4 work days Grandchild 4 work days Step-Grandchild 4 work days Grandparent 4 work days Grandparent-in-law 4 work days Brother 4 work days Sister 4 work days Step-Sister 4 work days Step-Brother 4 work days Daughter-in-law 4 work days Son-in-law 4 work days Brother-in-law* 4 work days Sister-in-law* 4 work days For purposes of this provision, “brother-in-law” and “sister-in-law” are defined as the brother-in-law or sister- in-law of the employee, or sibling of the employee’s spouse. Bereavement leave is paid over a maximum of seven (7) work days and is paid in thirty minute increments. The bereavement leave begins on the first regularly scheduled workday as requested by the employee. If the employee learns of the death while at work, he or she is entitled to leave work immediately; this partial day leave will not be counted towards the bereavement leave. Bereavement leave must be authorized by the Department Director and must be utilized within 15 days of employee learning of the death, or of the date of foreseen imminent death of the immediate family member, unless special circumstances require that the leave begin at a later date. Such requests to the Department Director shall be made within 15 days of the employee learning of the death or of the date of foreseen imminent death and shall not be unreasonably denied. 35 ARTICLE THIRTEEN WORK SCHEDULE AND WORKING CONDITIONS Section 1: Provisions The seven (7) day work period shall begin on Sunday at 12:00 a.m. and end on Saturday at 11:59:59 p.m. except as modified by management. In the event the City needs to adjust any work schedule, the City agrees that no such modification will be conducted without first notifying the effected employees a minimum of 10 days prior to the change unless agreed to by the effected employee(s) and the Director of Gas & Electric or designee. Section 2: 4/10 Work Schedule The City agrees to continue the 4/10 work schedule for employees assigned to work between Monday – Friday shifts. Section 3: DuPont Schedule The DuPont rotating shift plan provides 24/7 coverage of critical operational positions. This type of schedule has been utilized successfully in several United States industries in order to enhance workplace safety, provide additional rest for staff, decrease calls backs and allow for more shift coverage. 24-hour operation staff shall work a twelve-hour shift. Vernon Gas & ElectricPublic Utilities Dispatchers, and Electric Operators, Control Room Operators and Field Operators are assigned to these shifts. Section A: General Provisions The seven (7) day work period shall begin on Sunday at 12:00 a.m. and end on Saturday at 11:59:59 p.m. except as modified by management. In the event the City needs to adjust any work schedule, the City agrees that no such modification will be conducted without first notifying the effected employees a minimum of ten calendar days prior to the change unless agreed to earlier by the effected employee(s) and the Director of Gas & ElectricPublic Utilities or designee. Day 1 of these Dupont schedules typically begin on a Monday but Day 1 can be any day of the week. At the end of the cycle, the entire sequence starts over. Crews are able to review schedules in advance for planning. Section B: DuPont 4 Schedule The DuPont 4 schedule consists of 4 crews rotating in 12 hour shifts day and night to provide 24/ 7 coverage. The DuPont 4 schedule consists of a 4-week cycle during which each team works as follows: 36 4 consecutive night shifts, followed by 3 consecutive days off duty; 3 consecutive day shifts, followed by 1 day off duty; 3 consecutive night shifts, followed by 3 consecutive days off duty; 4 consecutive day shifts, followed by 7 consecutive days off duty. Section C: Dupont 5 Schedule The DuPont 5 schedule consists of 5 crews rotating in 12 hour shifts day and night to provide 24/ 7 coverage. The DuPont 5 schedule consists of a 10-week cycle during which each team works as follows: 4 consecutive night shifts, followed by 3 consecutive days off duty; 3 consecutive day shifts, followed by 1 day off duty; 3 consecutive night shifts, followed by 3 consecutive days off duty; 4 consecutive day shifts, followed by 4 consecutive days off duty; 4 consecutive relief shifts (12 hours), followed by 6 consecutive days off duty; 4 consecutive night shifts, followed by 3 consecutive days off duty; 3 consecutive day shifts, followed by 1 day off duty; 3 consecutive night shifts, followed by 3 consecutive days off duty; 4 consecutive day shifts, followed by 4 consecutive days off duty; 3 consecutive relief shifts (12 hours), followed by 7 consecutive days off duty; Section 4: Standby Policy Stand-by time is that period of time other than the employee's regularly scheduled working hours when an employee, at the direction of his/her Department Head, is on standby duty. The Department Head shall post a list of employees who are determined to be qualified to perform stand-by-duty. The list shall contain the title of each classification in which the employee is deemed eligible to perform stand-by duty. The stand-by duty and period shall be defined by the Department Head. The stand-by list will be made available 72 hours, or as soon as practical, prior to the start of stand-by. 4/10 Schedule The stand-by rotation list for employees working the 4/10 work schedule will first be filled through volunteers from the respective classification, and then from volunteers from other classifications who are deemed eligible for stand-by in that classification. If there are no volunteers available, employees shall be involuntarily placed on stand-by status pursuant to a rotational plan within the respective classification from the list of employees qualified to perform stand-by duties. DuPont Schedule 37 The stand-by rotation list for employees working under the DuPont 4 or DuPont 5 Schedule will be filled through a mandatory rotation list during the employees’ day off-cycle. Unless it is determined an emergency or voluntary basis, it is not the City’s intent to place employees on stand- by during their scheduled 6 or 7-day off cycle under the DuPont 4 or DuPont Schedule. Stand-by duty employees are free to engage in personal business and activities. However, in order to be eligible for stand-by duty and pay, employees must: A. Be ready to respond immediately. B. Be reachable by City-issued cell phone. C. Be able to report to work within one (1) hour of notification. D. Refrain from activities that might impair their ability to perform assigned duties. This includes, but is not limited to, abstaining from the consumption of any alcoholic beverage and the use of any illegal drug or incapacitating medication. E. Respond to any call back during the assigned standby duty. Employees on stand-by shall receive two (2) hours of regular straight time compensation for each day that the employee is assigned stand-by. On City recognized Holidays, employees on stand-by will be compensated four (4) hours of straight time compensation. An employee assigned to stand-by who is not available to report may be subject to appropriate disciplinary action, unless he/she provides sufficient notice to his/her immediate supervisor of incapacity to respond prior to the call back so that appropriate arrangements can be made so that the stand-by duty is covered. Section 5: Performance Evaluations It is agreed that an employee is not required to sign his/her Performance Evaluation when first presented with it. The employee’s signature is an acknowledgment that the performance appraisal was discussed. The signature does not necessarily mean that the employee agrees with evaluation content. If there is a refusal to sign a performance evaluation, the supervisor shall note on the performance evaluation the refusal of the employee to sign. The employee may enter remarks in the space provided or attach a separate written response specific to the evaluation within ten calendar days of the employee’s receipt of the Performance Evaluation. An employee shall receive a copy of the performance evaluation and the department may place a copy in an internal file. Please refer to Personnel Policy IV-1, Performance Evaluations for detailed procedures and policy. 38 Section 6: Probation Probation is defined as a period of tentative appointment to a permanent-full-time position, during which competence and fitness for that position shall be judged from actual performance of the essential functions of the job. The probation period shall be considered a part of the selection process, affording the appointing authority an opportunity to evaluate those factors and qualities which may not have been determined by formal testing procedures. Before employees are appointed to their positions on a permanent, classified (i.e. non-at will) basis, such employees must satisfactorily complete a probation period. Failure to meet the performance standards for a position is not considered discipline. An employee serving a probationary period has no property interest in his or her position until the probationary period is successfully completed, and the employee is considered at-will during the probationary period. Probation required - Probationary periods shall be required for all appointments/promotions to regular full-time classified positions for: a. Initial hire into the City service b. Promotion in which an employee moves from a position in one class to a position in another class with a salary range having a higher maximum rate of pay c. External departmental transfer (except in case of transfer in lieu of layoff, or reorganization) d. Rehire, if more than 12 months have elapsed since voluntary separation Probation not required - Probationary periods shall not be required for: a. Appointments of a temporary, emergency, or of an "acting" nature b. Status change in which an employee has no change in duties and responsibilities as a result of changing the number of hours worked per week (e.g. moving between full-time and part-time) within the same classification and department (e.g. Administrative Assistant working 40 hours a week instead of 20 for the same department). In order for this section to apply, the employee must have worked in the classification 1040 hours to satisfy the 5-month probationary period or 2080 hours to satisfy the 12-month probationary period. c. Internal departmental transfer within the same classification d. Reclassification of position e. Internal or External department transfer in lieu of layoff or reorganization 39 f. Voluntary demotion (non-performance related or in lieu of discipline) Length of Probationary Periods a. General rule: Probationary periods shall be for 6 months of continuous service in that classification for general employees and 12 months of continuous services in that classification for safety employees. b. Calculation of start of period: The actual date set for purpose of calculating the start of the probation period shall be the first date of hire (for a new employee), and for other employees, the first date of the pay period for which the new classification applies (typically the first day of the pay period that starts after the new classification is announced). Extension of Probationary Periods An employee's initial probation may be extended, at the Department Head's discretion, if necessary, for a period not to exceed 6 months. The Department Head is encouraged to confer with the Human Resources Department prior to taking action. If extended, such action must be taken during the initial probationary period. Any extended period of absence from duty for 20 working days or more for any reason except scheduled vacations, shall automatically cause a probation period to be extended for a period equal to the period of absence. Performance Reviews Department Heads shall initiate performance evaluations on all probationary employees. These records may be considered in decisions related to employee's eligibility to continue employment during the probationary period. Status Upon Completion of Probation A permanent appointment to a position in the City service shall be made upon satisfactory completion of the probationary period. The Department Head shall draft appropriate documents to retain or not to retain a probationary employee. Upon being appointed to a position that is both regular and permanent, an employee has a property interest in the employee's job, thus giving the employee certain rights required by law. Separation During Probationary Period If at any time during the probationary period, including any probationary extension period, the appointing authority determines that the employee does not meet standards for the position, the employee shall be separated from the position without right of hearing or appeal. Employees who are discharged from probationary positions have the right to return to their former regular position with the City, if any. To have this right, the discharged employee must have held a 40 position with the City for which the employee had satisfactorily completed any probationary period. Except for safety personnel, the former position must be vacant with no incumbent occupying the position previously held by the employee. 41 ARTICLE FOURTEEN GRIEVANCE PROCEDURE Definition A grievance shall be defined as an allegation by an employee or the Union of misinterpretation, misapplication or violation of a particular provision of this MOU, City policy, rule or past practice. Days Days shall be defined for the purposes of this Article as any day in which the City Hall is open to the public for the general conduct of business. Step One - Immediate Supervisor Employees shall have the right to present their own grievance or do so through their Union representative. Grievances shall be processed on standard forms provided by the Department of Human Resources and shall contain information which (a) identifies the aggrieved, (b) contains the specific nature of the grievance, (c) indicates the time or place of its occurrence, if known, (d) states the article(s) of the MOU, City policy, rule or past practice which have been violated, misinterpreted or misapplied, (e) indicates the persons contacted at the informal stage, if applicable, and (f) states the corrective action desired. Grievances may be submitted via email, so long as the employee attaches the grievance form to the email by the required time line. If an employee includes attachments to the grievance form and those attachments are not included in the email or in-person submission, the City shall notify the employee that all attachments were not included and that the deadline for the City to respond to the grievance will not begin to run until all the attachments are received. Failure by management to reply to the employee’s grievance within the time limits specified automatically grants the employee the right to process the grievance to the next level. If an employee fails to appeal from one level to the next within the time limits established in this grievance procedure, the grievance shall be considered settled on the basis of the last decision and the grievance shall not be subject to further appeal or reconsideration. All the time periods specified in this procedure may be extended by mutual written (including email) consent of the aggrieved employee(s), Union representative and the designated management representative. Informal Procedure Within eight (8) days of the date the employee(s) knew or reasonably should have known of the incident giving rise to the grievance, the employee may discuss the complaint with his/her immediate supervisor. Employees are encouraged to discuss complaints with their immediate supervisor in an attempt to resolve the grievance at the lowest possible step. An employee, at his or her sole discretion, may opt to skip the Informal Procedure resolution process 42 and instead go directly to Step One. If an employee chooses to proceed with the Informal Procedure, he/she or their union representative shall inform the Human Resources Director, within one day of initiating the Informal Procedure, that he/she has initiated the Informal Procedure and the date the informal grievance was first discussed with his/her supervisor. Within eight (8) days of the discussion with the employee, the supervisor shall verbally respond to the employee’s complaint. If the employee is dissatisfied or if the supervisor fails to respond, the employee shall have access to the formal process described below. Formal Procedure Step One - Immediate Supervisor Within the time period referenced above or, if the employee chooses to skip the Informal Procedure, within eight (8) days of the date the employee(s) knew or reasonably should have known of the incident giving rise to the grievance, the employee(s) or the Union shall initiate the grievance procedure by explaining the situation in writing as prescribed above to the immediate supervisor of the affected employee(s). The Union and/or employee(s) waives the right to proceed with the grievance if the grievant does not initiate the procedure by this deadline. After the presentation of the grievance to the supervisor, the supervisor shall make a decision and present his/her decision, in writing, to the Union and employee(s) within eight (8) days. Step Two - Department Director If the Union or employee(s) is not satisfied with the decision of the immediate supervisor, the grievant shall present the grievance, in writing, to the Department Director within eight (8) days of the decision of the immediate supervisor. The Union and/or employee(s) waives the right to proceed with the grievance if the grievant(s) does not act by this deadline. Within eight (8) days, the Department Director, or the designee of the Department Director, shall meet with the Union or employee(s) to hear the grievance. Within eight (8) days of hearing the grievance, the Department Director or designee shall present his/her decision, in writing, to the Union and employee(s) with copies to the Human Resource Director and the City Administrator. Step Three – City Administrator/Advisory Arbitration If the Union or employee(s) is not satisfied with the result of the meeting with the Department Director, the grievant may submit a written request, within eight (8) days of the written decision of the Department Director, that the matter be heard by the City Administrator or designee, or the Union may choose to have the matter heard by an impartial hearing officer (arbitrator). Should the matter be submitted directly to the City Administrator or designee, he/she shall meet with the Union and/or employee(s) within eight (8) days of receipt of the grievant’s written notice. If the Union and/or employee(s) elects to have the matter heard by the City Administrator or designee, the Union and/or employee(s) waives the right to have the matter heard by an arbitrator. Within eight (8) days of hearing the grievance, the City Administrator shall provide his/her decision, in writing, to the Union and employee(s). The decision of the City Administrator shall be final and binding. 43 If the Union elects arbitration, costs of the arbitration shall be shared equally between the Union and the City. A court reporter shall be retained only by mutual consent of the parties. The costs of the arbitration, including the court reporter, shall be divided in half (i.e. 50/50) by the parties. Attorney fees, staff time and witness fees shall not be shared between the parties and shall be paid by the party that incurred the cost. If the Union elects arbitration, the City shall request a list of seven (7) arbitrators registered with the American Arbitration Association, California State Conciliation Service or some other mutually agreed upon source within ten (10) days of the Union’s request. Upon receipt of the list, the parties shall alternately strike names from the list until a final name is selected as the hearing officer, with the Union striking first. The selected arbitrator shall serve as the hearing officer. All arbitration proceedings arising under the Grievance procedure shall be governed by the provisions of Title 9, Part 3, of the Code of Civil Procedure of the State of California. Within eight (8) days of receipt of the arbitrator’s recommendation, the City Administrator shall provide his/her decision, in writing, to the Union and employee(s). The recommendation of an arbitrator shall be advisory to the City Administrator or designee. The decision of the City Administrator shall be final and binding. In the event the City Administrator does not adopt the arbitrator’s recommendation, the City shall bear the full cost of the arbitrator’s fee. Attorney fees, staff time and witness fees are excluded and shall be paid by the party that incurred the cost. All time limits specified in the procedure may be waived by mutual written agreement. 44 ARTICLE FIFTEEN DISCIPLINE PROCEDURE Definition Types of discipline include the following: suspension, demotion, reduction in pay or dismissal. For the purposes of this article, verbal counseling, written warning, written reprimand, voluntary demotions, and performance evaluations are not classified as discipline. The purpose of disciplinary actions are not intended to be punitive, but are defined as actions by management directed to the modification or cessation of employee conduct which is contrary to the best interests of the City and the public service. DAYS Days shall be defined for the purposes of this Article as any day in which the City Hall is open to the public for the general conduct of business. Disciplinary Actions The tenure of every City employee shall be based on reasonable standards of personal conduct and job performance. Failure to meet such standards shall be grounds for appropriate disciplinary action, which shall be commensurate with the seriousness of the offense and with consideration of the employee’s work history file. Progressive discipline will be used; however, this does not preclude the City from taking disciplinary action, up to and including termination, for an incident for which there is no prior documentation as long as the disciplinary action is warranted and is based on just cause. The following procedures shall be followed when, in the judgment of the Department Director, an employee has committed an act or omission that justifies discipline. The Department Director or his/her designee shall advise employees of contemplated disciplinary actions in writing and allow the employee an opportunity to respond to such charges prior to taking final action. Disciplinary actions should be documented in the employee's official personnel file. Performance deficiencies documented in the employee’s performance evaluation as “does not meet standards” may be the basis for disciplinary action if the employee fails to correct those performance deficiencies within the time period designated by his/her supervisor. To the extent possible, performance deficiencies or other causes for discipline will be documented in the employee’s personnel file. Upon the City receiving authorization from the employee, the City will provide the Union with all written notices of discipline given to employees represented by Union. The written notice of discipline will also inform the employee that he/she has the right to consult with the Union with regard to the disciplinary action being taken. 45 Disciplinary Procedure Prior to the suspension, demotion, reduction in pay or dismissal of any permanent employee for disciplinary purposes, the following procedures shall be followed: Written Notice of Proposed Action Written notice of the proposed disciplinary action shall be given to the employee. Such notice shall include the proposed effective date of the discipline, a statement of the reason(s) for the proposed action, including the rule or standard of conduct allegedly violated, the proposed discipline and the charge(s) being considered. Employee Review The employee shall be supplied with a copy of the documents or materials upon which the proposed disciplinary action is based. Employee Response/Pre-Disciplinary Conference The notice of proposed action shall state the date by which the employee must exercise the right to respond orally, in writing or both orally and in writing. The employee will be provided a reasonable period of time to respond, which shall be no sooner than five (5) days after the notice of proposed action is provided, or additional time as may be reasonable. This represents the pre-disciplinary opportunity for the employee to state any reasons that he/she believes the proposed action to be inappropriate. The date the employee is scheduled to respond may be adjusted by mutual agreement. Failure to respond by the assigned date will constitute a waiver of the right to respond. Any response will be fully considered before any final action is decided upon. The Pre-Disciplinary Conference does not need to be an evidentiary hearing. An employee has the right to have a representative of his or her own choosing at the conference. The City may conduct further investigation if the employee’s version of the facts or new information raises doubts as to the accuracy of the City’s information leading to the discipline proposal. Written Notice of Final Action After consideration of the employee’s response, or in the absence of a response, written notice of the final disciplinary action shall be given to the employee. Such notice shall include essentially the same information contained in the notice of proposed action, except that the employee’s formal appeal rights shall be stated. Emergencies When, in the opinion of the City, immediate disciplinary action is required to protect the health, safety or welfare of the public, other employees or the employee himself/herself, the employee may be suspended without pay for up to three (3) days pending the processing of the written notice of proposed action as required in this article or may be suspended with pay pending the completion of 46 such investigations or hearings as may be required to determine if disciplinary action is to be taken. If the charges and/or allegations are not sustained, the employee suspended without pay shall be entitled to reinstatement with full back pay and benefits. All back pay awards related to suspension, demotions and discharges shall include interest as set by Civil Code §§ 3287 et. seq. Appeal Procedures Major Discipline Any permanent employee in the classified service shall have the right to appeal any termination, suspension of five (5) working days or more, reduction in salary, or non-probationary demotion. The appeal process shall not be applicable to newly hired probationary employees. The appeal process shall not be applicable to performance evaluations, verbal and/or written reprimands. An employee desiring to appeal the discipline shall have ten (10) days after receipt of proposed notice of discipline. The employee’s request for appeal must be addressed to the City Administrator and received in the Human Resources Division. The Human Resources Division shall date stamp the employee’s appeal to verify the timeliness of the appeal. If, within the 10-day appeal period, the employee does not file the appeal, unless good cause for the failure is shown, the discipline shall be considered conclusive and shall take effect as prescribed. If the employee files a timely appeal, an arbitration appeal hearing shall be established as follows: 1. The employee shall file a written request with the Human Resources Division for arbitration to the City Administrator or designee. The City and Union will share equally share (i.e. 50/50) the arbitration-related expenses, excluding attorney fees, expert witness (es) and staff time. 2. The City shall request a list of seven (7) arbitrators registered with the American Arbitration Association, California State Conciliation Service or some other agreed upon source within ten (10) days of the employee’s request. Unless the parties agree to another method of selecting an arbitrator, the parties shall alternately strike one name from the list, with the employee striking first, until one name remains as the arbitrator. 3. The selected arbitrator shall serve as the hearing officer. 4. All time limits specified in the procedure may be waived by mutual written agreement. 5. At the conclusion of the hearing, the arbitrator will submit his/her findings to the City and the employee. The opinion shall set forth findings of fact and conclusions. Except as set forth below, the decision of the Arbitrator will become final unless the City or the employee/union elects to pursue judicial review under CCP §1094.5. 6. For arbitration appeals of major discipline at the level of termination, the recommendation of an arbitrator shall be advisory to the City Administrator or designee through the term of this Memorandum of Understanding. The decision of the City Administrator shall be final 47 and binding. The decision of the City Administrator will become final unless the City of the employee/union elects to pursue judicial review under CCP §1094.5. Advisory arbitration for termination cases shall revert to binding arbitration after June 30, 2022, unless the parties mutually agree and negotiate otherwise. Minor Discipline Any permanent employee shall have the right to appeal any suspension below the threshold of major discipline. The appeal process shall not apply to probationary employees. An employee desiring to appeal disciplinary action defined as “Minor Discipline” shall have ten (10) days after receipt of the final Notice of Determination to request an appeal to the City Administrator or designee. The employee’s request for appeal must be addressed to the City Administrator and received by the Human Resources Department. The City Administrator or designee will respond or schedule a meeting within fifteen (15) days. The City Administrator or designee shall render his/her judgment as soon after hearing the appeal as possible and in no event later than thirty (30) days after the appeal meeting. His/her decision shall set forth which charges, if any, are sustained and the reasons therefore. The opinion shall set forth findings of fact and conclusions. The decision of the City Administrator shall be final. 48 ARTICLE SIXTEEN JOINT LABOR MANAGEMENT COMMITTEE 1. The City and the Union will maintain a Joint Labor Management (JLM) Committee comprised of at least eight (8) members. The City's team shall consist of representatives from the City Administrator's office, the Human Resources Department and the Gas and Electric Department. The Union shall provide four (4) members to sit on its committee, at least two of which must be employees of the City. Additional department and employee representatives may participate on the Committee to deal with departmental matters which may be addressed. This committee shall meet at least semi-annually to discuss matters of concern to both management and the Union and a written summary of each meeting shall be prepared by the City. The committee shall be authorized to schedule meetings more frequently than the semi-annual ones required herein in order to expeditiously respond to concerns properly before the committee. 2. The JLM shall be utilized to allow the parties to discuss matters affecting the workplace environment. 3. The JLM shall not be a means for participating in the meet and confer process as provided for by Government Code Sections 3500 et. Seq. The JLM’s meetings shall not be “Meet and Confer” sessions as that term is used in Government Code Sections 3500 et. seq. 4. JLM consideration of proposed changes in terms and conditions of employment shall not occur and is not a condition precedent to the exercise by the City of its rights. 49 SIGNATURE PAGE CITY OF VERNON IBEW LOCAL 47 Carlos R. Fandino Jr. Pat Lavin City Administrator Business Manager/Financial Secretary Michael A. Earl Stan Stosel Director of Human Resources Senior Assistant Business Manager Lisette M. Grizzelle John Baca Senior Human Resources Analyst IBEW Business Representative Scott A. Williams Jorrie V. Estrada Director of Finance/City Treasurer Union Committee Member Edwin R. OchoaArmando Hinojos Union Committee Member ______________________________ Ruben Rodriguez Union Committee Member Mark E. Yeaman APPROVED AS TO FORM: Union Committee Member _____________________________________ Zaynah N. Moussa, Senior Deputy City Attorney APPROVED AND ADOPTED BY CITY COUNCIL ON ____________________PER RESOLUTION NO._________________ ATTEST: __________________________________ Dated: _____________________, Deborah A. HarringtonLisa Pope, Interim City Clerk IBEW: Addendum A IBEW Position Titles ASSISTANT RESOURCE SCHEDULER ASSOCIATE ELECTRICAL ENGINEER ASSOCIATE RESOURCE SCHEDULER CONTROL ROOM OPERATOR I CONTROL ROOM OPERATOR II CONTROL ROOM OPERATOR, SENIOR ELECTRIC OPERATOR ELECTRIC OPERATOR, SENIOR ELECTRICAL ENGINEER ELECTRICAL ENGINEERING TECHNICIAN ELECTRICAL TEST TECHNICIAN ELECTRICAL TEST TECHNICIAN, LEAD ELECTRICAL TEST TECHNICIAN, SENIOR FIELD OPERATOR I FIELD OPERATOR II GAS SYSTEMS SPECIALIST GAS SYSTEMS SPECIALIST, LEAD GAS SYSTEMS TECHNICIAN INSTRUMENT & CONTROLS TECHNICIAN INSTRUMENT & CONTROLS TECHNICIAN, LEAD MATERIAL CONTROL ADMINISTRATOR MECHANIC/WELDER MECHANIC, LEAD METERING TECHNICIAN METERING TECHNICIAN, SENIOR POWER PLANT OPERATOR POWER RESOURCES SETTLEMENT ANALYST POWER RESOURCES SETTLEMENT ANALYST, SENIOR PRINCIPAL RESOURCE SCHEDULER/TRADER RESOURCE PLANNER RESOURCE SCHEDULER SITE SAFETY ADMINISTRATOR/CONTROL ROOM OPERATOR UTILITIES DISPATCHER UTILITIES DISPATCHER, SENIOR UTILITIES OPERATIONS TRAINEE UTILITIES PROJECT COORDINATOR City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2022-2023 Effective July 31, 2022 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD PUBLIC UTILITIES DEPARTMENT Electric Operations Division 8035 Electric Operator NE I 30 Step 1 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 2 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 3 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 4 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 5 132,089$ 11,007$ 63.5043$ 5,080.35$ 8032 Electric Operator, Senior NE I 31 Step 1 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 2 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 3 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 4 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 5 138,693$ 11,558$ 66.6796$ 5,334.36$ 8055 Electrical Test Technician NE I 29 Step 1 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 2 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 3 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 4 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 5 125,799$ 10,483$ 60.4803$ 4,838.43$ 8049 Electrical Test Technician, Lead NE I 32 Step 1 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 2 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 3 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 4 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 5 145,628$ 12,136$ 70.0135$ 5,601.08$ 8053 Electrical Test Technician, Senior NE I 31 Step 1 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 2 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 3 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 4 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 5 138,693$ 11,558$ 66.6796$ 5,334.36$ 8050 Metering Technician NE I 29 Step 1 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 2 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 3 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 4 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 5 125,799$ 10,483$ 60.4803$ 4,838.43$ Page 1 of 6 City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2022-2023 Effective July 31, 2022 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8047 Metering Technician, Senior NE I 31 Step 1 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 2 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 3 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 4 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 5 138,693$ 11,558$ 66.6796$ 5,334.36$ 8045 Power Plant Operator NE I 28 Step 1 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 2 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 3 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 4 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 5 119,809$ 9,984$ 57.6003$ 4,608.03$ 8030 Utilities Dispatcher NE I 33 Step 1 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 2 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 3 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 4 145,628$ 12,136$ 70.0135$ 5,601.08$ Step 5 152,910$ 12,742$ 73.5142$ 5,881.14$ 8025 Utilities Dispatcher, Senior NE I 34 Step 1 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 2 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 3 145,628$ 12,136$ 70.0135$ 5,601.08$ Step 4 152,910$ 12,742$ 73.5142$ 5,881.14$ Step 5 160,555$ 13,380$ 77.1899$ 6,175.19$ 8060 Utilities Operations Trainee NE I 23 Step 1 77,230$ 6,436$ 37.1297$ 2,970.38$ Step 2 81,091$ 6,758$ 38.9862$ 3,118.90$ Step 3 85,146$ 7,095$ 40.9355$ 3,274.84$ Step 4 89,403$ 7,450$ 42.9823$ 3,438.58$ Step 5 93,873$ 7,823$ 45.1314$ 3,610.51$ 8031 Utilities Project Coordinator NE I 33 Step 1 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 2 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 3 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 4 145,628$ 12,136$ 70.0135$ 5,601.08$ Step 5 152,910$ 12,742$ 73.5142$ 5,881.14$ Malburg Generation Station Division 8353 Control Room Operator I NE I 29 Step 1 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 2 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 3 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 4 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 5 125,799$ 10,483$ 60.4803$ 4,838.43$ Page 2 of 6 City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2022-2023 Effective July 31, 2022 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8355 Control Room Operator II NE I 31 Step 1 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 2 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 3 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 4 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 5 138,693$ 11,558$ 66.6796$ 5,334.36$ 8340 Control Room Operator, Senior NE I 33 Step 1 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 2 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 3 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 4 145,628$ 12,136$ 70.0135$ 5,601.08$ Step 5 152,910$ 12,742$ 73.5142$ 5,881.14$ 8375 Field Operator I NE I 25 Step 1 85,146$ 7,095$ 40.9355$ 3,274.84$ Step 2 89,403$ 7,450$ 42.9823$ 3,438.58$ Step 3 93,873$ 7,823$ 45.1314$ 3,610.51$ Step 4 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 5 103,495$ 8,625$ 49.7574$ 3,980.59$ 8370 Field Operator II NE I 27 Step 1 93,873$ 7,823$ 45.1314$ 3,610.51$ Step 2 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 3 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 4 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 5 114,104$ 9,509$ 54.8575$ 4,388.60$ 8360 Instrument & Controls Technician NE I 28 Step 1 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 2 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 3 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 4 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 5 119,809$ 9,984$ 57.6003$ 4,608.03$ 8357 Instrument & Controls Technician, Lead NE I 31 Step 1 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 2 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 3 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 4 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 5 138,693$ 11,558$ 66.6796$ 5,334.36$ 8390 Material Control Administrator NE I 22 Step 1 73,552$ 6,129$ 35.3616$ 2,828.93$ Step 2 77,230$ 6,436$ 37.1297$ 2,970.38$ Step 3 81,091$ 6,758$ 38.9862$ 3,118.90$ Step 4 85,146$ 7,095$ 40.9355$ 3,274.84$ Step 5 89,403$ 7,450$ 42.9823$ 3,438.58$ Page 3 of 6 City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2022-2023 Effective July 31, 2022 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8365 Mechanic/Welder NE I 26 Step 1 89,403$ 7,450$ 42.9823$ 3,438.58$ Step 2 93,873$ 7,823$ 45.1314$ 3,610.51$ Step 3 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 4 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 5 108,670$ 9,056$ 52.2452$ 4,179.62$ 8350 Mechanic, Lead NE I 30 Step 1 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 2 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 3 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 4 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 5 132,089$ 11,007$ 63.5043$ 5,080.35$ 8345 Site Safety Administrator/Control Room Operator NE I 32 Step 1 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 2 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 3 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 4 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 5 145,628$ 12,136$ 70.0135$ 5,601.08$ Engineering Division (Public Utilities) 8135 Electrical Engineering Technician NE I 25 Step 1 85,146$ 7,095$ 40.9355$ 3,274.84$ Step 2 89,403$ 7,450$ 42.9823$ 3,438.58$ Step 3 93,873$ 7,823$ 45.1314$ 3,610.51$ Step 4 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 5 103,495$ 8,625$ 49.7574$ 3,980.59$ 8130 Associate Electrical Engineer NE I 30 Step 1 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 2 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 3 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 4 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 5 132,089$ 11,007$ 63.5043$ 5,080.35$ 8125 Electrical Engineer NE I 35 Step 1 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 2 145,628$ 12,136$ 70.0135$ 5,601.08$ Step 3 152,910$ 12,742$ 73.5142$ 5,881.14$ Step 4 160,555$ 13,380$ 77.1899$ 6,175.19$ Step 5 168,583$ 14,049$ 81.0494$ 6,483.95$ Page 4 of 6 City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2022-2023 Effective July 31, 2022 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Gas Division 8215 Gas Systems Specialist NE I 30 Step 1 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 2 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 3 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 4 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 5 132,089$ 11,007$ 63.5043$ 5,080.35$ 8212 Gas Systems Specialist, Lead NE I 32 Step 1 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 2 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 3 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 4 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 5 145,628$ 12,136$ 70.0135$ 5,601.08$ 8220 Gas Systems Technician NE I 26 Step 1 89,403$ 7,450$ 42.9823$ 3,438.58$ Step 2 93,873$ 7,823$ 45.1314$ 3,610.51$ Step 3 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 4 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 5 108,670$ 9,056$ 52.2452$ 4,179.62$ Resource Planning and Scheduling Division 8435 Assistant Resource Scheduler NE I 28 Step 1 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 2 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 3 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 4 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 5 119,809$ 9,984$ 57.6003$ 4,608.03$ 8430 Associate Resource Scheduler NE I 30 Step 1 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 2 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 3 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 4 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 5 132,089$ 11,007$ 63.5043$ 5,080.35$ 8436 Power Resources Settlement Analyst NE I 28 Step 1 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 2 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 3 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 4 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 5 119,809$ 9,984$ 57.6003$ 4,608.03$ Page 5 of 6 City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2022-2023 Effective July 31, 2022 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8431 Power Resources Settlement Analyst, Senior NE I 30 Step 1 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 2 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 3 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 4 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 5 132,089$ 11,007$ 63.5043$ 5,080.35$ 8422 Principal Resource Scheduler/Trader NE I 34 Step 1 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 2 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 3 145,628$ 12,136$ 70.0135$ 5,601.08$ Step 4 152,910$ 12,742$ 73.5142$ 5,881.14$ Step 5 160,555$ 13,380$ 77.1899$ 6,175.19$ 8415 Resource Planner NE I 35 Step 1 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 2 145,628$ 12,136$ 70.0135$ 5,601.08$ Step 3 152,910$ 12,742$ 73.5142$ 5,881.14$ Step 4 160,555$ 13,380$ 77.1899$ 6,175.19$ Step 5 168,583$ 14,049$ 81.0494$ 6,483.95$ 8420 Resource Scheduler NE I 32 Step 1 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 2 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 3 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 4 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 5 145,628$ 12,136$ 70.0135$ 5,601.08$ Footnote: {a} - The annual and monthly salaries are reported as whole dollar without the cents ONLY for reporting purposes. Page 6 of 6 City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2023-2024 Effective July 2, 2023 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD PUBLIC UTILITIES DEPARTMENT Electric Operations Division 8035 Electric Operator NE I 30 Step 1 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 2 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 3 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 4 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 5 136,051$ 11,338$ 65.4093$ 5,232.75$ 8032 Electric Operator, Senior NE I 31 Step 1 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 2 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 3 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 4 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 5 142,854$ 11,905$ 68.6798$ 5,494.38$ 8055 Electrical Test Technician NE I 29 Step 1 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 2 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 3 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 4 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 5 129,573$ 10,798$ 62.2946$ 4,983.57$ 8049 Electrical Test Technician, Lead NE I 32 Step 1 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 2 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 3 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 4 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 5 149,997$ 12,500$ 72.1138$ 5,769.11$ 8053 Electrical Test Technician, Senior NE I 31 Step 1 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 2 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 3 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 4 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 5 142,854$ 11,905$ 68.6798$ 5,494.38$ 8050 Metering Technician NE I 29 Step 1 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 2 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 3 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 4 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 5 129,573$ 10,798$ 62.2946$ 4,983.57$ Page 7 of 18 City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2023-2024 Effective July 2, 2023 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8047 Metering Technician, Senior NE I 31 Step 1 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 2 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 3 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 4 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 5 142,854$ 11,905$ 68.6798$ 5,494.38$ 8045 Power Plant Operator NE I 28 Step 1 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 2 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 3 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 4 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 5 123,403$ 10,284$ 59.3282$ 4,746.25$ 8030 Utilities Dispatcher NE I 33 Step 1 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 2 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 3 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 4 149,997$ 12,500$ 72.1138$ 5,769.11$ Step 5 157,497$ 13,125$ 75.7195$ 6,057.56$ 8025 Utilities Dispatcher, Senior NE I 34 Step 1 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 2 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 3 149,997$ 12,500$ 72.1138$ 5,769.11$ Step 4 157,497$ 13,125$ 75.7195$ 6,057.56$ Step 5 165,372$ 13,781$ 79.5055$ 6,360.44$ 8060 Utilities Operations Trainee NE I 23 Step 1 79,546$ 6,629$ 38.2434$ 3,059.47$ Step 2 83,524$ 6,960$ 40.1556$ 3,212.45$ Step 3 87,700$ 7,308$ 42.1634$ 3,373.07$ Step 4 92,085$ 7,674$ 44.2716$ 3,541.73$ Step 5 96,689$ 8,057$ 46.4852$ 3,718.81$ 8031 Utilities Project Coordinator NE I 33 Step 1 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 2 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 3 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 4 149,997$ 12,500$ 72.1138$ 5,769.11$ Step 5 157,497$ 13,125$ 75.7195$ 6,057.56$ Malburg Generation Station Division 8353 Control Room Operator I NE I 29 Step 1 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 2 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 3 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 4 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 5 129,573$ 10,798$ 62.2946$ 4,983.57$ Page 8 of 18 City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2023-2024 Effective July 2, 2023 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8355 Control Room Operator II NE I 31 Step 1 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 2 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 3 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 4 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 5 142,854$ 11,905$ 68.6798$ 5,494.38$ 8340 Control Room Operator, Senior NE I 33 Step 1 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 2 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 3 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 4 149,997$ 12,500$ 72.1138$ 5,769.11$ Step 5 157,497$ 13,125$ 75.7195$ 6,057.56$ 8375 Field Operator I NE I 25 Step 1 87,700$ 7,308$ 42.1634$ 3,373.07$ Step 2 92,085$ 7,674$ 44.2716$ 3,541.73$ Step 3 96,689$ 8,057$ 46.4852$ 3,718.81$ Step 4 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 5 106,600$ 8,883$ 51.2499$ 4,099.99$ 8370 Field Operator II NE I 27 Step 1 96,689$ 8,057$ 46.4852$ 3,718.81$ Step 2 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 3 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 4 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 5 117,526$ 9,794$ 56.5030$ 4,520.24$ 8360 Instrument & Controls Technician NE I 28 Step 1 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 2 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 3 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 4 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 5 123,403$ 10,284$ 59.3282$ 4,746.25$ 8357 Instrument & Controls Technician, Lead NE I 31 Step 1 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 2 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 3 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 4 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 5 142,854$ 11,905$ 68.6798$ 5,494.38$ 8390 Material Control Administrator NE I 22 Step 1 75,758$ 6,313$ 36.4223$ 2,913.78$ Step 2 79,546$ 6,629$ 38.2434$ 3,059.47$ Step 3 83,524$ 6,960$ 40.1556$ 3,212.45$ Step 4 87,700$ 7,308$ 42.1634$ 3,373.07$ Step 5 92,085$ 7,674$ 44.2716$ 3,541.73$ Page 9 of 18 City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2023-2024 Effective July 2, 2023 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8365 Mechanic/Welder NE I 26 Step 1 92,085$ 7,674$ 44.2716$ 3,541.73$ Step 2 96,689$ 8,057$ 46.4852$ 3,718.81$ Step 3 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 4 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 5 111,930$ 9,327$ 53.8124$ 4,305.00$ 8350 Mechanic, Lead NE I 30 Step 1 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 2 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 3 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 4 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 5 136,051$ 11,338$ 65.4093$ 5,232.75$ 8345 Site Safety Administrator/Control Room Operator NE I 32 Step 1 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 2 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 3 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 4 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 5 149,997$ 12,500$ 72.1138$ 5,769.11$ Engineering Division (Public Utilities) 8135 Electrical Engineering Technician NE I 25 Step 1 87,700$ 7,308$ 42.1634$ 3,373.07$ Step 2 92,085$ 7,674$ 44.2716$ 3,541.73$ Step 3 96,689$ 8,057$ 46.4852$ 3,718.81$ Step 4 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 5 106,600$ 8,883$ 51.2499$ 4,099.99$ 8130 Associate Electrical Engineer NE I 30 Step 1 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 2 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 3 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 4 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 5 136,051$ 11,338$ 65.4093$ 5,232.75$ 8125 Electrical Engineer NE I 35 Step 1 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 2 149,997$ 12,500$ 72.1138$ 5,769.11$ Step 3 157,497$ 13,125$ 75.7195$ 6,057.56$ Step 4 165,372$ 13,781$ 79.5055$ 6,360.44$ Step 5 173,640$ 14,470$ 83.4808$ 6,678.47$ Page 10 of 18 City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2023-2024 Effective July 2, 2023 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Gas Division 8215 Gas Systems Specialist NE I 30 Step 1 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 2 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 3 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 4 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 5 136,051$ 11,338$ 65.4093$ 5,232.75$ 8212 Gas Systems Specialist, Lead NE I 32 Step 1 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 2 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 3 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 4 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 5 149,997$ 12,500$ 72.1138$ 5,769.11$ 8220 Gas Systems Technician NE I 26 Step 1 92,085$ 7,674$ 44.2716$ 3,541.73$ Step 2 96,689$ 8,057$ 46.4852$ 3,718.81$ Step 3 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 4 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 5 111,930$ 9,327$ 53.8124$ 4,305.00$ Resource Planning and Scheduling Division 8435 Assistant Resource Scheduler NE I 28 Step 1 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 2 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 3 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 4 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 5 123,403$ 10,284$ 59.3282$ 4,746.25$ 8430 Associate Resource Scheduler NE I 30 Step 1 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 2 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 3 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 4 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 5 136,051$ 11,338$ 65.4093$ 5,232.75$ 8436 Power Resources Settlement Analyst NE I 28 Step 1 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 2 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 3 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 4 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 5 123,403$ 10,284$ 59.3282$ 4,746.25$ Page 11 of 18 City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2023-2024 Effective July 2, 2023 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8431 Power Resources Settlement Analyst, Senior NE I 30 Step 1 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 2 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 3 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 4 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 5 136,051$ 11,338$ 65.4093$ 5,232.75$ 8422 Principal Resource Scheduler/Trader NE I 34 Step 1 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 2 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 3 149,997$ 12,500$ 72.1138$ 5,769.11$ Step 4 157,497$ 13,125$ 75.7195$ 6,057.56$ Step 5 165,372$ 13,781$ 79.5055$ 6,360.44$ 8415 Resource Planner NE I 35 Step 1 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 2 149,997$ 12,500$ 72.1138$ 5,769.11$ Step 3 157,497$ 13,125$ 75.7195$ 6,057.56$ Step 4 165,372$ 13,781$ 79.5055$ 6,360.44$ Step 5 173,640$ 14,470$ 83.4808$ 6,678.47$ 8420 Resource Scheduler NE I 32 Step 1 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 2 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 3 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 4 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 5 149,997$ 12,500$ 72.1138$ 5,769.11$ Footnote: {a} - The annual and monthly salaries are reported as whole dollar without the cents ONLY for reporting purposes. Page 12 of 18 City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2024-2025 Effective July 14, 2024 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD PUBLIC UTILITIES DEPARTMENT Electric Operations Division 8035 Electric Operator NE I 30 Step 1 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 2 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 3 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 4 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 5 140,133$ 11,678$ 67.3716$ 5,389.73$ 8032 Electric Operator, Senior NE I 31 Step 1 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 2 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 3 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 4 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 5 147,140$ 12,262$ 70.7402$ 5,659.22$ 8055 Electrical Test Technician NE I 29 Step 1 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 2 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 3 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 4 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 5 133,460$ 11,122$ 64.1635$ 5,133.08$ 8049 Electrical Test Technician, Lead NE I 32 Step 1 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 2 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 3 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 4 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 5 154,497$ 12,875$ 74.2772$ 5,942.18$ 8053 Electrical Test Technician, Senior NE I 31 Step 1 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 2 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 3 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 4 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 5 147,140$ 12,262$ 70.7402$ 5,659.22$ 8050 Metering Technician NE I 29 Step 1 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 2 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 3 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 4 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 5 133,460$ 11,122$ 64.1635$ 5,133.08$ Page 13 of 18 City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2024-2025 Effective July 14, 2024 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8047 Metering Technician, Senior NE I 31 Step 1 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 2 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 3 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 4 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 5 147,140$ 12,262$ 70.7402$ 5,659.22$ 8045 Power Plant Operator NE I 28 Step 1 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 2 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 3 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 4 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 5 127,105$ 10,592$ 61.1081$ 4,888.65$ 8030 Utilities Dispatcher NE I 33 Step 1 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 2 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 3 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 4 154,497$ 12,875$ 74.2772$ 5,942.18$ Step 5 162,222$ 13,518$ 77.9911$ 6,239.29$ 8025 Utilities Dispatcher, Senior NE I 34 Step 1 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 2 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 3 154,497$ 12,875$ 74.2772$ 5,942.18$ Step 4 162,222$ 13,518$ 77.9911$ 6,239.29$ Step 5 170,333$ 14,194$ 81.8907$ 6,551.25$ 8060 Utilities Operations Trainee NE I 23 Step 1 81,933$ 6,828$ 39.3908$ 3,151.26$ Step 2 86,029$ 7,169$ 41.3603$ 3,308.82$ Step 3 90,331$ 7,528$ 43.4283$ 3,474.27$ Step 4 94,848$ 7,904$ 45.5998$ 3,647.98$ Step 5 99,590$ 8,299$ 47.8798$ 3,830.38$ 8031 Utilities Project Coordinator NE I 33 Step 1 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 2 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 3 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 4 154,497$ 12,875$ 74.2772$ 5,942.18$ Step 5 162,222$ 13,518$ 77.9911$ 6,239.29$ Malburg Generation Station Division 8353 Control Room Operator I NE I 29 Step 1 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 2 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 3 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 4 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 5 133,460$ 11,122$ 64.1635$ 5,133.08$ Page 14 of 18 City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2024-2025 Effective July 14, 2024 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8355 Control Room Operator II NE I 31 Step 1 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 2 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 3 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 4 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 5 147,140$ 12,262$ 70.7402$ 5,659.22$ 8340 Control Room Operator, Senior NE I 33 Step 1 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 2 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 3 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 4 154,497$ 12,875$ 74.2772$ 5,942.18$ Step 5 162,222$ 13,518$ 77.9911$ 6,239.29$ 8375 Field Operator I NE I 25 Step 1 90,331$ 7,528$ 43.4283$ 3,474.27$ Step 2 94,848$ 7,904$ 45.5998$ 3,647.98$ Step 3 99,590$ 8,299$ 47.8798$ 3,830.38$ Step 4 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 5 109,798$ 9,150$ 52.7875$ 4,223.00$ 8370 Field Operator II NE I 27 Step 1 99,590$ 8,299$ 47.8798$ 3,830.38$ Step 2 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 3 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 4 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 5 121,052$ 10,088$ 58.1982$ 4,655.86$ 8360 Instrument and Controls Technician NE I 28 Step 1 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 2 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 3 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 4 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 5 127,105$ 10,592$ 61.1081$ 4,888.65$ 8357 Instrument and Controls Technician, Lead NE I 31 Step 1 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 2 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 3 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 4 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 5 147,140$ 12,262$ 70.7402$ 5,659.22$ 8390 Material Control Administrator NE I 22 Step 1 78,031$ 6,503$ 37.5150$ 3,001.20$ Step 2 81,933$ 6,828$ 39.3908$ 3,151.26$ Step 3 86,029$ 7,169$ 41.3603$ 3,308.82$ Step 4 90,331$ 7,528$ 43.4283$ 3,474.27$ Step 5 94,848$ 7,904$ 45.5998$ 3,647.98$ Page 15 of 18 City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2024-2025 Effective July 14, 2024 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8365 Mechanic/Welder NE I 26 Step 1 94,848$ 7,904$ 45.5998$ 3,647.98$ Step 2 99,590$ 8,299$ 47.8798$ 3,830.38$ Step 3 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 4 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 5 115,288$ 9,607$ 55.4268$ 4,434.15$ 8350 Mechanic, Lead NE I 30 Step 1 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 2 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 3 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 4 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 5 140,133$ 11,678$ 67.3716$ 5,389.73$ 8345 Site Safety Administrator/Control Room Operator NE I 32 Step 1 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 2 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 3 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 4 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 5 154,497$ 12,875$ 74.2772$ 5,942.18$ Engineering Division (Public Utilities) 8135 Electrical Engineering Technician NE I 25 Step 1 90,331$ 7,528$ 43.4283$ 3,474.27$ Step 2 94,848$ 7,904$ 45.5998$ 3,647.98$ Step 3 99,590$ 8,299$ 47.8798$ 3,830.38$ Step 4 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 5 109,798$ 9,150$ 52.7875$ 4,223.00$ 8130 Associate Electrical Engineer NE I 30 Step 1 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 2 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 3 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 4 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 5 140,133$ 11,678$ 67.3716$ 5,389.73$ 8125 Electrical Engineer NE I 35 Step 1 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 2 154,497$ 12,875$ 74.2772$ 5,942.18$ Step 3 162,222$ 13,518$ 77.9911$ 6,239.29$ Step 4 170,333$ 14,194$ 81.8907$ 6,551.25$ Step 5 178,849$ 14,904$ 85.9852$ 6,878.82$ Page 16 of 18 City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2024-2025 Effective July 14, 2024 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Gas Division 8215 Gas Systems Specialist NE I 30 Step 1 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 2 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 3 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 4 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 5 140,133$ 11,678$ 67.3716$ 5,389.73$ 8212 Gas Systems Specialist, Lead NE I 32 Step 1 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 2 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 3 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 4 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 5 154,497$ 12,875$ 74.2772$ 5,942.18$ 8220 Gas Systems Technician NE I 26 Step 1 94,848$ 7,904$ 45.5998$ 3,647.98$ Step 2 99,590$ 8,299$ 47.8798$ 3,830.38$ Step 3 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 4 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 5 115,288$ 9,607$ 55.4268$ 4,434.15$ Resource Planning and Scheduling Division 8435 Assistant Resource Scheduler NE I 28 Step 1 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 2 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 3 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 4 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 5 127,105$ 10,592$ 61.1081$ 4,888.65$ 8430 Associate Resource Scheduler NE I 30 Step 1 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 2 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 3 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 4 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 5 140,133$ 11,678$ 67.3716$ 5,389.73$ 8436 Power Resources Settlement Analyst NE I 28 Step 1 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 2 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 3 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 4 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 5 127,105$ 10,592$ 61.1081$ 4,888.65$ Page 17 of 18 City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2024-2025 Effective July 14, 2024 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8431 Power Resources Settlement Analyst, Senior NE I 30 Step 1 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 2 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 3 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 4 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 5 140,133$ 11,678$ 67.3716$ 5,389.73$ 8422 Principal Resource Scheduler/Trader NE I 34 Step 1 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 2 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 3 154,497$ 12,875$ 74.2772$ 5,942.18$ Step 4 162,222$ 13,518$ 77.9911$ 6,239.29$ Step 5 170,333$ 14,194$ 81.8907$ 6,551.25$ 8415 Resource Planner NE I 35 Step 1 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 2 154,497$ 12,875$ 74.2772$ 5,942.18$ Step 3 162,222$ 13,518$ 77.9911$ 6,239.29$ Step 4 170,333$ 14,194$ 81.8907$ 6,551.25$ Step 5 178,849$ 14,904$ 85.9852$ 6,878.82$ 8420 Resource Scheduler NE I 32 Step 1 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 2 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 3 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 4 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 5 154,497$ 12,875$ 74.2772$ 5,942.18$ Footnote: {a} - The annual and monthly salaries are reported as whole dollar without the cents ONLY for reporting purposes. Page 18 of 18 City Council Agenda Item Report Submitted by: Lisette Grizzelle Submitting Department: Human Resources Meeting Date: August 2, 2022 SUBJECT Amendment to Classification and Compensation Plan Recommendation: A. Approve new job descriptions; and B. Adopt Resolution No. 2022-31 amending Exhibits A and C of the Classification and Compensation Plan adopted by Resolution No. 2022-29 adding new classifications and associated salary ranges for Payroll Analyst and Power Resources Settlement Analyst, Senior; deleting the classification of Payroll Specialist, Senior; and incorporating Cost of Living Adjustments for classifications represented by the International Brotherhood or Electrical Workers (IBEW) Local 47. Background: The Human Resources Department is responsible for maintenance of the Citywide Classification and Compensation Plan (Plan) which consists of the various classification specifications (job descriptions) as well as the Compensation Schedules that list the classification titles and salaries for each classification on the Plan. NEW AND DELETED JOB DESCRIPTIONS The Human Resources Department has worked in collaboration with the Finance and Public Utilities Departments to establish new classifications as appropriate and delete a classification no longer needed. The changes are summarized below. Finance Department Approval of a new job description for the classification of Payroll Analyst is recommended. In the Finance Department, the classification of Payroll Specialist recently became vacant after the resignation of the long-term incumbent. There has been a need in the Department for a higher level classification to perform some of the more complex and analytical work associated with the City's payroll functions. After a review of the existing Payroll series classifications, it is recommended to establish the classification of Payroll Analyst and delete the classification of Payroll Specialist, Senior; which has not previously been filled. This would maintain two classifications in the Payroll series with the Payroll Analyst being the advanced journey level classification performing more complex and analytical functions relating to the City's payroll. A salary survey has been conducted for Payroll Analyst and, based on survey findings and internal alignment, the recommended salary grade for this position is Pay Grade 26. Public Utilities Department Approval of a new job description for the classification of Power Resources Settlement Analyst, Senior is recommended. This position will assist with conversion of contract settlement terms and conditions and assist the resource work group with regulatory compliance and reporting activities. This classification is also recommended to isolate duties for compliance with the Public Utilities Internal Risk Management Policy which requires separation of resource scheduling/trading and settlements, providing a structure for checks and balances. This classification creates a pathway in the Power Resources Settlement job series. This new classification will replace one existing budgeted position within the Integrated Resources Division at the same salary grade, Pay Grade 30. AMENDED EXHIBITS A AND C OF THE CLASSIFICATION AND COMPENSATION PLAN (COMPENSATION SCHEDULES) With the approval of the new and deleted job descriptions above, approval of the associated salaries for these classifications is recommended as follows: Payroll Analyst - Finance (new), Non-Exempt Confidential - Pay Grade 26 Monthly Salary Range ($7,450 to $9,056). Power Resources Settlement Analyst, Senior (new), Non-Exempt IBEW - Pay Grade 30 Monthly Salary Range ($9,056 - $11,007). Exhibit C of the Classification and Compensation Plan is also proposed to be amended to incorporate Cost of Living Adjustments (COLA) included in the new Memorandum of Understanding between the City and the International Brotherhood of Electrical Workers (IBEW) Local 47, effective July 31, 2022, July 2, 2023, and July 14, 2024. Fiscal Impact: The estimated fiscal impact associated with the approval of the Payroll Analyst is approximately $24,100 (Salary $21,337 and Benefits $2,763). Sufficient funds are available in the Salary and Benefit accounts of the Finance Department budget for Fiscal Year 2022-23. There is no fiscal impact associated with the establishment of the Power Resources Settlement Analyst, Senior. Attachments: 1. New Job Descriptions 2. Resolution No. 2022-31 3. Classification and Compensation Plan Exhibits (Redline) Payroll Analyst Vernon CA 1 of 3 JOB DESCRIPTION Payroll Analyst Date Prepared: July 2022 Class Code: 1239 SUMMARY: Under general supervision, maintains and prepares City-wide payroll, technical reports, employee benefits records, and other specialized and complex technical and accounting records for the Finance Department; researches difficult technical issues, reconciles records and accounts, resolves discrepancies, and maintains the accuracy of the payroll records. DISTINGUISHING CHARACTERISTICS: The Payroll Analyst, is the advanced journey level classification within the Payroll series, responsible for performing a variety of difficult, specialized and complex work assigned to the series; including various ad-hoc technical spreadsheets and reports for management’s use for decision-making, payroll administration, processing, reporting and recordkeeping; ensures ongoing federal and state regulatory compliance along with City policies, procedures, and the various Memorandum of Understandings (MOUs) and implementation of technical tax law and accounting principles and procedures. Incumbents are expected to perform a full range of broad and complex duties, works primarily independently, and assume higher responsibility for researching and maintaining payroll records, files and required reporting. This is a single incumbent position assigned tasks above the journey level and may be assigned lead responsibilities over designated staff. ESSENTIAL FUNCTIONS: -- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This is not a comprehensive listing of all functions and duties performed by incumbents of this class; employees may be assigned duties which are not listed below; reasonable accommodations will be made as required. The job description does not constitute an employment agreement and is subject to change at any time by the employer. Essential duties and responsibilities may include, but are not limited to, the following: • Reviews timesheets and source documents for validity and accuracy of information; determines proper handling of payroll and the application of federal and state tax laws and regulations, along with City policies, procedures, and MOUs; provides support to City Departments to perform corrections of timesheet errors. • Reviews and enters timesheets, benefits and deductions, and related data into the City’s payroll systems; verifies and enters data, processes transactions, validates data, and compiles documentation. • Verifies all payroll and benefit duties are performed in a timely and accurate manner and are executed in accordance with all Federal, State Wage and Hour laws, tax regulations, and City policies and MOU guidelines. • Reviews and completes accurate and timely payroll entries for general ledger processing. • Processes Human Resources personnel actions and related transaction forms timely. • Generates, reviews, and submits biweekly pensionable wages to the state pension system; schedules and remits pension contributions in accordance with established pension policies and procedures, submits wage corrections/adjustments as needed. • Reconciles technical records according to City policies; reviews payroll records and corrects errors as required; reviews the accuracy of the payroll records and make improvement recommendations. • Compiles monthly payroll reports for month-end entries; balances and prepares various payroll tax returns and deposits; reviews and prepares routine to complex accounting journal entries; develops and maintains extensive spreadsheets, and documents updated and accurate information. Payroll Analyst Vernon CA 2 of 3 • Schedules biweekly payroll tax deposits. Prepares and files quarterly payroll tax returns with federal and state government agencies. • Performs the W-2 to 941 reconciliation, identifies discrepancies and makes the appropriate corrections as needed; timely files the annual Form W-2 and distributes them to City employees. • Prepares amended annual and quarterly federal and state tax returns as needed. • Prepares the annual calculation of excess vacation and sick leave hours in accordance with City policies and MOUs, and communicates the payout amount to employees. • Prepares ad-hoc spreadsheets and reports that will assist management during labor negotiations, labor force discussions, review of department’s labor costs, budgetary review, and other analytical review of City payroll. • Prepares and files mandated annual payroll reports by various federal and state government agencies. • Evaluates and reviews department data and time records and resolves inconsistencies to ensure conformance with federal and state laws and regulations, City MOU's, policy, regulations, and resolutions, and pension law requirements. • Performs advanced review and troubleshooting of payroll system processes and practices and make improvement recommendations. • Assures that all reports and paperwork are completed accurately and in a timely manner; reviews, updates, corrects, retrieves, and releases information according to procedures; collects payroll, benefits, and administrative information, and compiles data for reports; prepares and distributes required reports. • Oversees payroll records and associated filing systems; ensures data is accurately entered into the City’s enterprise resource planning (ERP) system; maintains and reviews additional accounting and technical transaction databases as needed. • Provides work direction and training to designated less experienced staff. • Interprets and explains federal and state rules and regulations, and City policies and procedures while exercising the highest degree of confidentiality; responds to and resolves routine to complex customer service issues in a courteous and respectful manner; answers questions and resolves issues within scope of authority and City guidelines; cross-trains in other accounting and administrative jobs. • Processes routine to complex requests for information and attempts to resolve them by researching files and records; explains rules, policies, and procedures; explains the proper use and completion of forms and documents; refers matters requiring policy interpretation to supervisor for resolution; coordinates solution of customer service issues with other department staff, and effectively communicates customer service issues. • May coordinate and review the work of designated staff. • Assists in the implementation, configuration, maintenance, testing, and training of new and existing payroll systems. Performs routine updates and maintenance of the payroll system, including maintenance of pay and deduction codes. • Assists with establishing and forecasting payroll-related costs for budgetary and planning purposes. • Assists with gathering information, responding to inquiries, and preparation of schedules relating to the fiscal year-end audit. • Provides assistance in other Finance Department functional areas as assigned. • Supports the relationship between the City of Vernon and the general public by demonstrating courteous and cooperative behavior when interacting with visitors and City staff; maintains confidentiality of work- related issues and City information; performs other duties as required or assigned. MINIMUM QUALIFICATIONS: Education, Training and Experience Guidelines: Bachelor’s degree from an accredited college or university in Accounting, Finance, Business, or related field; AND four years of progressively responsible public sector payroll administration experience, accounting experience is desirable, and (1) of the required four (4) years of experience must include lead or supervisory responsibilities Payroll Analyst Vernon CA 3 of 3 Knowledge of: • Federal and state payroll tax law. • Pension law. • City organization, operations, policies, and procedures. • City Code, City Ordinances, and Operating Manuals. • Principles and practices of accounting and payroll. • Techniques and methods of statistical data compilation, recording and reporting. • Applicable federal and state statutes, rules, codes, and regulations governing payroll and benefits. • Reporting requirements of various state and federal agencies. • Customer service standards and protocols. Business computers and standard MS Office software applications. Skill in: • Interpreting and explaining City policies, and federal and state laws governing payroll accounting. • Maintaining and reconciling payroll documentation, information, and reports. • Organized and able to meet multiple deadlines and strict time frames for payroll processing and required reporting. • Organizing and maintaining departmental records and filing systems. • Effectively organizing, prioritizing assigned work. • Performing work with accuracy and attention to detail. Entering numerical and related information into a computer system with speed and accuracy. Maintaining accurate and interrelated financial and technical records. Validating, tabulating, balancing and reconciling data. Operating a personal computer utilizing a variety of business software. • Answering incoming calls and responding to inquiries. • Monitoring the work of other lower-level staff. • Exercising sound judgment and discretion in problem situations. • Following verbal and written instructions and procedures. • Dealing tactfully and courteously with employees, and the public. • Communicating effectively verbally and in writing. • Establishing and maintaining cooperative working relationships with co-workers. LICENSE AND CERTIFICATION REQUIREMENTS: A valid California State Driver’s License is required. Certified Payroll Professional preferred. PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed in a standard office environment. Power Resources Settlement Analyst, Senior Vernon CA 1 of 2 JOB DESCRIPTION Power Resources Settlement Analyst, Senior Date Prepared: July 2022 Class Code: 8431 SUMMARY: Under general supervision, has responsibility for the conversion of contract settlement terms and conditions through invoice validation in support of Vernon Public Utility (VPU) power and gas supply. Additional responsibilities include ensuring the transition of VPU’s portfolio contracts to settlement information are validated for accuracy and thoroughness for all utility resources, develops and maintains databases and spreadsheets (e.g., Pivot tables, Macros) used to validate utility resources, and assists the work group with regulatory compliance and reporting activities. DISTINGUISHING CHARACTERISTICS: The Power Resources Settlement Analyst, Senior is the advanced journey level classification within the Power Resources Settlement Analyst series, responsible for performing the more difficult, specialized, and complex work assigned to the series. Incumbents are expected to work more independently and assume higher responsibility for review, researching and analysis of information, databases, and contracts. This is a single incumber position assigned tasks above the journey level, work responsibilities may extend to providing work direction, training, and review of work of Power Resources Settlement Analyst. ESSENTIAL FUNCTIONS: -- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This is not a comprehensive listing of all functions and duties performed by incumbents of this class; employees may be assigned duties which are not listed below; reasonable accommodations will be made as required. The job description does not constitute an employment agreement and is subject to change at any time by the employer. Essential duties and responsibilities may include, but are not limited to, the following: • Implements administers, and transitions VPU’s portfolio energy and gas contracts to ensure that complex settlement terms are accurately translated in to tracking spreadsheets. • Validates natural gas settlement transactions using SoCalGas Envoy analytics system and bilateral arrangements. • Develops and maintains databases and Excel spreadsheets (e.g., Pivot tables, Macros) used to validate utility resources. Validates all bilateral contracts (e.g., Resource Adequacy); processes both Accounts Payable and Accounts Receivable invoices. • Reviews and Settles California Independent System Operator (CAISO) meter data, prices settle periods and other data to settle VPU’s market invoices. • Ensures and validates settlement information for accuracy and thoroughness for all utility resources transactions into the California Independent System Operator (CAISO) market and bilateral transactions. • Interface with power supply counterparties and Power Procurement Managers on timely invoicing and analysis. • Reviews and ensures CAISO charge code cost recovery from counterparties as provided for in contract terms. • Interacts with IT consultants and Scheduling Coordinator software vendors for process improvements to resolve system and application issues. • Provides information to assist external accounts with issue resolution as needed. • Maintains current knowledge of regulatory/legislative and market trends and changes as it relates to settlements. • Ensures that the City is in compliance with contractual terms and is receiving similar compliance from contracting parties in accordance with prepared task lists, schedules, procedures, and guidelines for administering and evaluating all resource related agreements. Power Resources Settlement Analyst, Senior Vernon CA 2 of 2 • Assists with preparation and maintenance of the Resource Division annual budget. • Maintains and develops a wide variety of highly complex analytical spreadsheets for electric utility transactions, purchases and sales of electricity and gas. • Performs special projects and other utility accounting and financial functions as required. • Reviews, analyzes, and resolves discrepancies and settlements between scheduled and actual utility quantities and prices. • Completes and reviews monthly, quarterly, and annual reports. • Assists in preparation of presentations for various groups on matters pertaining to utility contractual needs, interests, and policies. • May provide work direction, training, and review of work of Power Resources Settlement Analyst. • assists in power and natural gas scheduling. • Supports the relationship between the City of Vernon and the general public by demonstrating courteous and cooperative behavior when interacting with visitors and City staff; maintains confidentiality of work- related issues and City information; performs other duties as required or assigned. MINIMUM QUALIFICATIONS: Education, Training and Experience Guidelines: Bachelor’s Degree in Accounting, Finance, Economics, Computer Science, Business Administration, or related field; AND Four years of progressively responsible energy account settlements and contract administration experience for a utility and high-level proficiency in the use of computers with an emphasis in Excel (e.g., Pivot tables) spreadsheets, charts, and graphs. Knowledge of: • City organization, operations, policies, and procedures. • Contract principles, structure, and purpose. • Electric system principles and theory, including Integrated Resource Planning activities. • Basic principles and operations of power generation and the natural gas and electric markets. • Principles and procedures of record keeping and technical file maintenance. • Familiarity with power settlement software applications (e.g., SettleCore) and energy settlements process. • Pertinent Federal, State, and local policies, procedures, laws, and regulations related to power resources. • California ISO power system operations principles and power and transmission scheduling. • Electric and Gas utility operations. Skill in: • Strong computer skills utilizing standard and specialized software and Excel spreadsheets. • Establishing and maintaining cooperative working relationships with co-workers. • Performing work with accuracy and attention to detail. • Training, assigning, and reviewing the work of designated staff. • Ability to work effectively and collaboratively in a team environment. • Following verbal and written instructions and procedures. • Researching, collecting, analyzing data, and generating reports. • Assist in drafting contractual provisions related to settlement agreements. • Assisting in the formulation of recommended course of action based on data analysis and findings. • Communicating clearly, concisely, and effectively, both orally and in writing. LICENSE AND CERTIFICATION REQUIREMENTS: A valid California State Driver’s License is required. PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed in a standard office environment. RESOLUTION NO. 2022-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING EXHIBITS A AND C OF THE CLASSIFICATION AND COMPENSATION PLAN ADOPTED BY RESOLUTION NO. 2022-29 ADDING NEW CLASSIFICATIONS AND ASSOCIATED SALARY RANGES FOR PAYROLL ANALYST AND POWER RESOURCES SETTLEMENT ANALYST, SENIOR; DELETING THE CLASSIFICATION OF PAYROLL SPECIALIST, SENIOR; AND INCORPORATING COST OF LIVING ADJUSTMENTS FOR CLASSIFICATIONS REPRESENTED BY THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 47 SECTION 1. Recitals. A. On July 19, 2022, the City Council adopted Resolution No. 2022-29 adopting the Classification and Compensation Plan in accordance with Government Code Section 20636(b)(1). B. Based on review of operational and staffing needs during the Fiscal Year 2022- 2023 budget adoption, two new classifications and associated salary ranges for the positions of Payroll Analyst and Power Resources Settlement Analyst, Senior, and incorporating Cost of Living Adjustments for classifications represented by the International Brotherhood of Electrical Workers (IBEW) Local 47 are necessary in the Departments of Finance and Public Utilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 3. The Classification and Compensation Plan adopted by Resolution No. 2022-29, is hereby amended to add new classifications and associated compensation for the positions of Payroll Analyst and Power Resources Settlement Analyst, Senior; and effective July 31, 2022, incorporating Cost of Living Adjustments for classifications represented by the International Brotherhood of Electrical Workers Local 47; and deleting the position of Payroll Specialist, Senior, as shown in Exhibit A of this Resolution and referred to as Exhibits A and C of the City’s Classification and Compensation Plan. / / / / / / Resolution No. 2022-31 Page 2 of 32 _______________________ SECTION 4. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. APPROVED AND ADOPTED this 2nd day of August, 2022. ______________________ LETICIA LOPEZ, Mayor ATTEST: ____________________________ LISA POPE, City Clerk (seal) APPROVED AS TO FORM: _____________________________ ZAYNAH N. MOUSSA, City Attorney City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2022-2023 Effective July 31, 2022 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD PUBLIC UTILITIES DEPARTMENT Electric Operations Division 8035 Electric Operator NE I 30 Step 1 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 2 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 3 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 4 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 5 132,089$ 11,007$ 63.5043$ 5,080.35$ 8032 Electric Operator, Senior NE I 31 Step 1 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 2 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 3 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 4 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 5 138,693$ 11,558$ 66.6796$ 5,334.36$ 8055 Electrical Test Technician NE I 29 Step 1 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 2 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 3 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 4 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 5 125,799$ 10,483$ 60.4803$ 4,838.43$ 8049 Electrical Test Technician, Lead NE I 32 Step 1 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 2 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 3 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 4 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 5 145,628$ 12,136$ 70.0135$ 5,601.08$ 8053 Electrical Test Technician, Senior NE I 31 Step 1 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 2 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 3 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 4 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 5 138,693$ 11,558$ 66.6796$ 5,334.36$ 8050 Metering Technician NE I 29 Step 1 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 2 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 3 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 4 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 5 125,799$ 10,483$ 60.4803$ 4,838.43$ Page 1 of 6 Resolution No. 2022-31 Page 3 of 32 ________________________ City of Vernon Classification and Compensation Plan Confidential, Elected Officials, and Unclasified Fiscal Year: 2022-2023 Effective August 2, 2022 Exhibit A CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD CITY COUNCIL 1025 Council Member E O 01 30,764$ 2,564$ N/A 1,183.23$ 1030 Mayor E O 01 30,764$ 2,564$ N/A 1,183.23$ Information Technology Division 1625 Information Technology Analyst NE C 26 Step 1 89,403$ 7,450$ 42.9823$ 3,438.58$ Step 2 93,873$ 7,823$ 45.1314$ 3,610.51$ Step 3 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 4 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 5 108,670$ 9,056$ 52.2452$ 4,179.62$ 1620 Information Technology Analyst, Senior NE C 30 Step 1 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 2 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 3 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 4 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 5 132,089$ 11,007$ 63.5043$ 5,080.35$ 1630 Information Technology Technician NE C 20 Step 1 66,714$ 5,560$ 32.0740$ 2,565.92$ Step 2 70,050$ 5,837$ 33.6778$ 2,694.22$ Step 3 73,552$ 6,129$ 35.3616$ 2,828.93$ Step 4 77,230$ 6,436$ 37.1297$ 2,970.38$ Step 5 81,091$ 6,758$ 38.9862$ 3,118.90$ CITY ATTORNEY'S OFFICE 1507 Executive Legal Secretary NE C 23 Step 1 77,230$ 6,436$ 37.1297$ 2,970.38$ Step 2 81,091$ 6,758$ 38.9862$ 3,118.90$ Step 3 85,146$ 7,095$ 40.9355$ 3,274.84$ Step 4 89,403$ 7,450$ 42.9823$ 3,438.58$ Step 5 93,873$ 7,823$ 45.1314$ 3,610.51$ 1495 Legal Administrative Analyst NE C 26 Step 1 89,403$ 7,450$ 42.9823$ 3,438.58$ Step 2 93,873$ 7,823$ 45.1314$ 3,610.51$ Step 3 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 4 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 5 108,670$ 9,056$ 52.2452$ 4,179.62$ Page 1 of 4 Resolution No. 2022-31 Page 4 of 32 ________________________ City of Vernon Classification and Compensation Plan Confidential, Elected Officials, and Unclasified Fiscal Year: 2022-2023 Effective August 2, 2022 Exhibit A CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD CITY CLERK DEPARTMENT 1320 Records Management Assistant NE C 20 Step 1 66,714$ 5,560$ 32.0740$ 2,565.92$ Step 2 70,050$ 5,837$ 33.6778$ 2,694.22$ Step 3 73,552$ 6,129$ 35.3616$ 2,828.93$ Step 4 77,230$ 6,436$ 37.1297$ 2,970.38$ Step 5 81,091$ 6,758$ 38.9862$ 3,118.90$ ADMINISTRATIVE AND CLERICAL GROUP 1532 Administrative Aide NE U T11 Step 1 43,004$ 3,584$ 20.6752$ 1,654.02$ Step 2 45,155$ 3,763$ 21.7090$ 1,736.72$ Step 3 47,412$ 3,951$ 22.7944$ 1,823.55$ Step 4 49,783$ 4,149$ 23.9341$ 1,914.73$ Step 5 52,272$ 4,356$ 25.1308$ 2,010.47$ 1530 Administrative Assistant, (Confidential)NE C 13 Step 1 47,412$ 3,951$ 22.7944$ 1,823.55$ Step 2 49,783$ 4,149$ 23.9341$ 1,914.73$ Step 3 52,272$ 4,356$ 25.1308$ 2,010.47$ Step 4 54,886$ 4,574$ 26.3874$ 2,110.99$ Step 5 57,630$ 4,803$ 27.7067$ 2,216.54$ 1520 Administrative Assistant, Senior (Confidential)NE C 17 Step 1 57,630$ 4,803$ 27.7067$ 2,216.54$ Step 2 60,512$ 5,043$ 29.0921$ 2,327.37$ Step 3 63,537$ 5,295$ 30.5467$ 2,443.74$ Step 4 66,714$ 5,560$ 32.0740$ 2,565.92$ Step 5 70,050$ 5,837$ 33.6778$ 2,694.22$ 1510 Administrative Secretary NE C 20 Step 1 66,714$ 5,560$ 32.0740$ 2,565.92$ Step 2 70,050$ 5,837$ 33.6778$ 2,694.22$ Step 3 73,552$ 6,129$ 35.3616$ 2,828.93$ Step 4 77,230$ 6,436$ 37.1297$ 2,970.38$ Step 5 81,091$ 6,758$ 38.9862$ 3,118.90$ 1500 Executive Assistant to the City Administrator NE C 26 Step 1 89,403$ 7,450$ 42.9823$ 3,438.58$ Step 2 93,873$ 7,823$ 45.1314$ 3,610.51$ Step 3 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 4 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 5 108,670$ 9,056$ 52.2452$ 4,179.62$ Page 2 of 4 Resolution No. 2022-31 Page 5 of 32 ________________________ City of Vernon Classification and Compensation Plan Confidential, Elected Officials, and Unclasified Fiscal Year: 2022-2023 Effective August 2, 2022 Exhibit A CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 1490 Administrative Analyst NE C 26 Step 1 89,403$ 7,450$ 42.9823$ 3,438.58$ Step 2 93,873$ 7,823$ 45.1314$ 3,610.51$ Step 3 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 4 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 5 108,670$ 9,056$ 52.2452$ 4,179.62$ 1535 Administrative Intern NE U Hourly Step 1 18.50$ FINANCE DEPARTMENT 1240 Accountant NE C 22 Step 1 73,552$ 6,129$ 35.3616$ 2,828.93$ Step 2 77,230$ 6,436$ 37.1297$ 2,970.38$ Step 3 81,091$ 6,758$ 38.9862$ 3,118.90$ Step 4 85,146$ 7,095$ 40.9355$ 3,274.84$ Step 5 89,403$ 7,450$ 42.9823$ 3,438.58$ 1230 Accountant, Senior NE C 27 Step 1 93,873$ 7,823$ 45.1314$ 3,610.51$ Step 2 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 3 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 4 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 5 114,104$ 9,509$ 54.8575$ 4,388.60$ 1239 Payroll Analyst NE C 26 Step 1 89,403$ 7,450$ 42.9823$ 3,438.58$ Step 2 93,873$ 7,823$ 45.1314$ 3,610.51$ Step 3 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 4 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 5 108,670$ 9,056$ 52.2452$ 4,179.62$ 1245 Payroll Specialist NE C 19 Step 1 63,537$ 5,295$ 30.5467$ 2,443.74$ Step 2 66,714$ 5,560$ 32.0740$ 2,565.92$ Step 3 70,050$ 5,837$ 33.6778$ 2,694.22$ Step 4 73,552$ 6,129$ 35.3616$ 2,828.93$ Step 5 77,230$ 6,436$ 37.1297$ 2,970.38$ Page 3 of 4 Resolution No. 2022-31 Page 6 of 32 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2022-2023 Effective July 31, 2022 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD PUBLIC UTILITIES DEPARTMENT Electric Operations Division 8035 Electric Operator NE I 30 Step 1 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 2 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 3 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 4 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 5 132,089$ 11,007$ 63.5043$ 5,080.35$ 8032 Electric Operator, Senior NE I 31 Step 1 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 2 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 3 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 4 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 5 138,693$ 11,558$ 66.6796$ 5,334.36$ 8055 Electrical Test Technician NE I 29 Step 1 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 2 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 3 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 4 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 5 125,799$ 10,483$ 60.4803$ 4,838.43$ 8049 Electrical Test Technician, Lead NE I 32 Step 1 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 2 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 3 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 4 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 5 145,628$ 12,136$ 70.0135$ 5,601.08$ 8053 Electrical Test Technician, Senior NE I 31 Step 1 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 2 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 3 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 4 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 5 138,693$ 11,558$ 66.6796$ 5,334.36$ 8050 Metering Technician NE I 29 Step 1 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 2 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 3 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 4 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 5 125,799$ 10,483$ 60.4803$ 4,838.43$ Page 1 of 6 Resolution No. 2022-31 Page 7 of 32 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2022-2023 Effective July 31, 2022 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8047 Metering Technician, Senior NE I 31 Step 1 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 2 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 3 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 4 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 5 138,693$ 11,558$ 66.6796$ 5,334.36$ 8045 Power Plant Operator NE I 28 Step 1 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 2 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 3 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 4 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 5 119,809$ 9,984$ 57.6003$ 4,608.03$ 8030 Utilities Dispatcher NE I 33 Step 1 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 2 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 3 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 4 145,628$ 12,136$ 70.0135$ 5,601.08$ Step 5 152,910$ 12,742$ 73.5142$ 5,881.14$ 8025 Utilities Dispatcher, Senior NE I 34 Step 1 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 2 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 3 145,628$ 12,136$ 70.0135$ 5,601.08$ Step 4 152,910$ 12,742$ 73.5142$ 5,881.14$ Step 5 160,555$ 13,380$ 77.1899$ 6,175.19$ 8060 Utilities Operations Trainee NE I 23 Step 1 77,230$ 6,436$ 37.1297$ 2,970.38$ Step 2 81,091$ 6,758$ 38.9862$ 3,118.90$ Step 3 85,146$ 7,095$ 40.9355$ 3,274.84$ Step 4 89,403$ 7,450$ 42.9823$ 3,438.58$ Step 5 93,873$ 7,823$ 45.1314$ 3,610.51$ 8031 Utilities Project Coordinator NE I 33 Step 1 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 2 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 3 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 4 145,628$ 12,136$ 70.0135$ 5,601.08$ Step 5 152,910$ 12,742$ 73.5142$ 5,881.14$ Malburg Generation Station Division 8353 Control Room Operator I NE I 29 Step 1 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 2 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 3 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 4 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 5 125,799$ 10,483$ 60.4803$ 4,838.43$ Page 2 of 6 Resolution No. 2022-31 Page 8 of 32 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2022-2023 Effective July 31, 2022 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8355 Control Room Operator II NE I 31 Step 1 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 2 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 3 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 4 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 5 138,693$ 11,558$ 66.6796$ 5,334.36$ 8340 Control Room Operator, Senior NE I 33 Step 1 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 2 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 3 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 4 145,628$ 12,136$ 70.0135$ 5,601.08$ Step 5 152,910$ 12,742$ 73.5142$ 5,881.14$ 8375 Field Operator I NE I 25 Step 1 85,146$ 7,095$ 40.9355$ 3,274.84$ Step 2 89,403$ 7,450$ 42.9823$ 3,438.58$ Step 3 93,873$ 7,823$ 45.1314$ 3,610.51$ Step 4 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 5 103,495$ 8,625$ 49.7574$ 3,980.59$ 8370 Field Operator II NE I 27 Step 1 93,873$ 7,823$ 45.1314$ 3,610.51$ Step 2 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 3 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 4 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 5 114,104$ 9,509$ 54.8575$ 4,388.60$ 8360 Instrument & Controls Technician NE I 28 Step 1 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 2 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 3 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 4 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 5 119,809$ 9,984$ 57.6003$ 4,608.03$ 8357 Instrument & Controls Technician, Lead NE I 31 Step 1 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 2 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 3 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 4 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 5 138,693$ 11,558$ 66.6796$ 5,334.36$ 8390 Material Control Administrator NE I 22 Step 1 73,552$ 6,129$ 35.3616$ 2,828.93$ Step 2 77,230$ 6,436$ 37.1297$ 2,970.38$ Step 3 81,091$ 6,758$ 38.9862$ 3,118.90$ Step 4 85,146$ 7,095$ 40.9355$ 3,274.84$ Step 5 89,403$ 7,450$ 42.9823$ 3,438.58$ Page 3 of 6 Resolution No. 2022-31 Page 9 of 32 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2022-2023 Effective July 31, 2022 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8365 Mechanic/Welder NE I 26 Step 1 89,403$ 7,450$ 42.9823$ 3,438.58$ Step 2 93,873$ 7,823$ 45.1314$ 3,610.51$ Step 3 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 4 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 5 108,670$ 9,056$ 52.2452$ 4,179.62$ 8350 Mechanic, Lead NE I 30 Step 1 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 2 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 3 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 4 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 5 132,089$ 11,007$ 63.5043$ 5,080.35$ 8345 Site Safety Administrator/Control Room Operator NE I 32 Step 1 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 2 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 3 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 4 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 5 145,628$ 12,136$ 70.0135$ 5,601.08$ Engineering Division (Public Utilities) 8135 Electrical Engineering Technician NE I 25 Step 1 85,146$ 7,095$ 40.9355$ 3,274.84$ Step 2 89,403$ 7,450$ 42.9823$ 3,438.58$ Step 3 93,873$ 7,823$ 45.1314$ 3,610.51$ Step 4 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 5 103,495$ 8,625$ 49.7574$ 3,980.59$ 8130 Associate Electrical Engineer NE I 30 Step 1 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 2 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 3 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 4 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 5 132,089$ 11,007$ 63.5043$ 5,080.35$ 8125 Electrical Engineer NE I 35 Step 1 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 2 145,628$ 12,136$ 70.0135$ 5,601.08$ Step 3 152,910$ 12,742$ 73.5142$ 5,881.14$ Step 4 160,555$ 13,380$ 77.1899$ 6,175.19$ Step 5 168,583$ 14,049$ 81.0494$ 6,483.95$ Page 4 of 6 Resolution No. 2022-31 Page 10 of 32 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2022-2023 Effective July 31, 2022 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Gas Division 8215 Gas Systems Specialist NE I 30 Step 1 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 2 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 3 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 4 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 5 132,089$ 11,007$ 63.5043$ 5,080.35$ 8212 Gas Systems Specialist, Lead NE I 32 Step 1 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 2 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 3 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 4 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 5 145,628$ 12,136$ 70.0135$ 5,601.08$ 8220 Gas Systems Technician NE I 26 Step 1 89,403$ 7,450$ 42.9823$ 3,438.58$ Step 2 93,873$ 7,823$ 45.1314$ 3,610.51$ Step 3 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 4 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 5 108,670$ 9,056$ 52.2452$ 4,179.62$ Resource Planning and Scheduling Division 8435 Assistant Resource Scheduler NE I 28 Step 1 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 2 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 3 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 4 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 5 119,809$ 9,984$ 57.6003$ 4,608.03$ 8430 Associate Resource Scheduler NE I 30 Step 1 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 2 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 3 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 4 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 5 132,089$ 11,007$ 63.5043$ 5,080.35$ 8436 Power Resources Settlement Analyst NE I 28 Step 1 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 2 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 3 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 4 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 5 119,809$ 9,984$ 57.6003$ 4,608.03$ Page 5 of 6 Resolution No. 2022-31 Page 11 of 32 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2022-2023 Effective July 31, 2022 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8431 Power Resources Settlement Analyst, Senior NE I 30 Step 1 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 2 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 3 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 4 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 5 132,089$ 11,007$ 63.5043$ 5,080.35$ 8422 Principal Resource Scheduler/Trader NE I 34 Step 1 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 2 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 3 145,628$ 12,136$ 70.0135$ 5,601.08$ Step 4 152,910$ 12,742$ 73.5142$ 5,881.14$ Step 5 160,555$ 13,380$ 77.1899$ 6,175.19$ 8415 Resource Planner NE I 35 Step 1 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 2 145,628$ 12,136$ 70.0135$ 5,601.08$ Step 3 152,910$ 12,742$ 73.5142$ 5,881.14$ Step 4 160,555$ 13,380$ 77.1899$ 6,175.19$ Step 5 168,583$ 14,049$ 81.0494$ 6,483.95$ 8420 Resource Scheduler NE I 32 Step 1 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 2 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 3 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 4 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 5 145,628$ 12,136$ 70.0135$ 5,601.08$ Footnote: {a} - The annual and monthly salaries are reported as whole dollar without the cents ONLY for reporting purposes. Page 6 of 6 Resolution No. 2022-31 Page 12 of 32 ________________________ City of Vernon Classification and Compensation Plan Confidential, Elected Officials and Unclasified Fiscal Year: 2023-2024 Effective July 2, 2023 Exhibit A CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD CITY COUNCIL 1025 Council Member E O 01 31,687$ 2,641$ N/A 1,218.73$ 1030 Mayor E O 01 31,687$ 2,641$ N/A 1,218.73$ Information Technology Division 1625 Information Technology Analyst NE C 26 Step 1 92,085$ 7,674$ 44.2716$ 3,541.73$ Step 2 96,689$ 8,057$ 46.4852$ 3,718.81$ Step 3 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 4 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 5 111,930$ 9,327$ 53.8124$ 4,305.00$ 1620 Information Technology Analyst, Senior NE C 30 Step 1 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 2 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 3 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 4 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 5 136,051$ 11,338$ 65.4093$ 5,232.75$ 1630 Information Technology Technician NE C 20 Step 1 68,715$ 5,726$ 33.0361$ 2,642.89$ Step 2 72,151$ 6,013$ 34.6879$ 2,775.03$ Step 3 75,758$ 6,313$ 36.4223$ 2,913.78$ Step 4 79,546$ 6,629$ 38.2434$ 3,059.47$ Step 5 83,524$ 6,960$ 40.1556$ 3,212.45$ CITY ATTORNEY'S OFFICE 1507 Executive Legal Secretary NE C 23 Step 1 79,546$ 6,629$ 38.2434$ 3,059.47$ Step 2 83,524$ 6,960$ 40.1556$ 3,212.45$ Step 3 87,700$ 7,308$ 42.1634$ 3,373.07$ Step 4 92,085$ 7,674$ 44.2716$ 3,541.73$ Step 5 96,689$ 8,057$ 46.4852$ 3,718.81$ 1495 Legal Administrative Analyst NE C 26 Step 1 92,085$ 7,674$ 44.2716$ 3,541.73$ Step 2 96,689$ 8,057$ 46.4852$ 3,718.81$ Step 3 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 4 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 5 111,930$ 9,327$ 53.8124$ 4,305.00$ Page 1 of 4 Resolution No. 2022-31 Page 13 of 32 ________________________ City of Vernon Classification and Compensation Plan Confidential, Elected Officials and Unclasified Fiscal Year: 2023-2024 Effective July 2, 2023 Exhibit A CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD CITY CLERK DEPARTMENT 1320 Records Management Assistant NE C 20 Step 1 68,715$ 5,726$ 33.0361$ 2,642.89$ Step 2 72,151$ 6,013$ 34.6879$ 2,775.03$ Step 3 75,758$ 6,313$ 36.4223$ 2,913.78$ Step 4 79,546$ 6,629$ 38.2434$ 3,059.47$ Step 5 83,524$ 6,960$ 40.1556$ 3,212.45$ ADMINISTRATIVE AND CLERICAL GROUP 1532 Administrative Aide NE U T11 Step 1 44,294$ 3,691$ 21.2954$ 1,703.63$ Step 2 46,509$ 3,876$ 22.3602$ 1,788.81$ Step 3 48,835$ 4,070$ 23.4782$ 1,878.25$ Step 4 51,276$ 4,273$ 24.6521$ 1,972.17$ Step 5 53,840$ 4,487$ 25.8847$ 2,070.78$ 1530 Administrative Assistant, (Confidential)NE C 13 Step 1 48,835$ 4,070$ 23.4782$ 1,878.25$ Step 2 51,276$ 4,273$ 24.6521$ 1,972.17$ Step 3 53,840$ 4,487$ 25.8847$ 2,070.78$ Step 4 56,532$ 4,711$ 27.1789$ 2,174.31$ Step 5 59,359$ 4,947$ 28.5378$ 2,283.03$ 1520 Administrative Assistant, Senior (Confidential)NE C 17 Step 1 59,359$ 4,947$ 28.5378$ 2,283.03$ Step 2 62,327$ 5,194$ 29.9648$ 2,397.18$ Step 3 65,443$ 5,454$ 31.4630$ 2,517.04$ Step 4 68,715$ 5,726$ 33.0361$ 2,642.89$ Step 5 72,151$ 6,013$ 34.6879$ 2,775.03$ 1510 Administrative Secretary NE C 20 Step 1 68,715$ 5,726$ 33.0361$ 2,642.89$ Step 2 72,151$ 6,013$ 34.6879$ 2,775.03$ Step 3 75,758$ 6,313$ 36.4223$ 2,913.78$ Step 4 79,546$ 6,629$ 38.2434$ 3,059.47$ Step 5 83,524$ 6,960$ 40.1556$ 3,212.45$ 1500 Executive Assistant to the City Administrator NE C 26 Step 1 92,085$ 7,674$ 44.2716$ 3,541.73$ Step 2 96,689$ 8,057$ 46.4852$ 3,718.81$ Step 3 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 4 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 5 111,930$ 9,327$ 53.8124$ 4,305.00$ Page 2 of 4 Resolution No. 2022-31 Page 14 of 32 ________________________ City of Vernon Classification and Compensation Plan Confidential, Elected Officials and Unclasified Fiscal Year: 2023-2024 Effective July 2, 2023 Exhibit A CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 1490 Administrative Analyst NE C 26 Step 1 92,085$ 7,674$ 44.2716$ 3,541.73$ Step 2 96,689$ 8,057$ 46.4852$ 3,718.81$ Step 3 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 4 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 5 111,930$ 9,327$ 53.8124$ 4,305.00$ 1535 Administrative Intern NE U Hourly Step 1 18.50$ FINANCE DEPARTMENT 1240 Accountant NE C 22 Step 1 75,758$ 6,313$ 36.4223$ 2,913.78$ Step 2 79,546$ 6,629$ 38.2434$ 3,059.47$ Step 3 83,524$ 6,960$ 40.1556$ 3,212.45$ Step 4 87,700$ 7,308$ 42.1634$ 3,373.07$ Step 5 92,085$ 7,674$ 44.2716$ 3,541.73$ 1230 Accountant, Senior NE C 27 Step 1 96,689$ 8,057$ 46.4852$ 3,718.81$ Step 2 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 3 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 4 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 5 117,526$ 9,794$ 56.5030$ 4,520.24$ 1239 Payroll Analyst NE C 26 Step 1 92,085$ 7,674$ 44.2716$ 3,541.73$ Step 2 96,689$ 8,057$ 46.4852$ 3,718.81$ Step 3 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 4 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 5 111,930$ 9,327$ 53.8124$ 4,305.00$ 1245 Payroll Specialist NE C 19 Step 1 65,443$ 5,454$ 31.4630$ 2,517.04$ Step 2 68,715$ 5,726$ 33.0361$ 2,642.89$ Step 3 72,151$ 6,013$ 34.6879$ 2,775.03$ Step 4 75,758$ 6,313$ 36.4223$ 2,913.78$ Step 5 79,546$ 6,629$ 38.2434$ 3,059.47$ Page 3 of 4 Resolution No. 2022-31 Page 15 of 32 ________________________ City of Vernon Classification and Compensation Plan Confidential, Elected Officials and Unclasified Fiscal Year: 2023-2024 Effective July 2, 2023 Exhibit A CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD HEALTH AND ENVIRONMENTAL CONTROL DEPARTMENT 2022 Environmental Specialist, Temporary NE U T26 Step 1 92,085$ 7,674$ 44.2716$ 3,541.73$ Step 2 96,689$ 8,057$ 46.4852$ 3,718.81$ Step 3 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 4 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 5 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 6 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 7 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 8 129,573$ 10,798$ 62.2946$ 4,983.57$ 2045 Environmental Health Intern NE U Hourly Step 1 18.50$ HUMAN RESOURCES DEPARTMENT 1425 Human Resources Assistant NE C 17 Step 1 59,359$ 4,947$ 28.5378$ 2,283.03$ Step 2 62,327$ 5,194$ 29.9648$ 2,397.18$ Step 3 65,443$ 5,454$ 31.4630$ 2,517.04$ Step 4 68,715$ 5,726$ 33.0361$ 2,642.89$ Step 5 72,151$ 6,013$ 34.6879$ 2,775.03$ POLICE DEPARTMENT 4035 Police Officer Recruit NE U 20 Step 1 68,715$ 5,726$ 33.0361$ 2,642.89$ Step 2 72,151$ 6,013$ 34.6879$ 2,775.03$ Step 3 75,758$ 6,313$ 36.4223$ 2,913.78$ Step 4 79,546$ 6,629$ 38.2434$ 3,059.47$ Step 5 83,524$ 6,960$ 40.1556$ 3,212.45$ 4145 Reserve Police Officer NE U Stipend Step 1 3,600$ PUBLIC UTILITIES DEPARTMENT 8612 Utilities Strategic Planning Coordinator NE C 30 Step 1 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 2 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 3 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 4 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 5 136,051$ 11,338$ 65.4093$ 5,232.75$ Footnote: {a} - The annual and monthly salaries are reported as whole dollar without the cents ONLY for reporting purposes. Page 4 of 4 Resolution No. 2022-31 Page 16 of 32 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2023-2024 Effective July 2, 2023 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD PUBLIC UTILITIES DEPARTMENT Electric Operations Division 8035 Electric Operator NE I 30 Step 1 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 2 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 3 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 4 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 5 136,051$ 11,338$ 65.4093$ 5,232.75$ 8032 Electric Operator, Senior NE I 31 Step 1 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 2 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 3 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 4 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 5 142,854$ 11,905$ 68.6798$ 5,494.38$ 8055 Electrical Test Technician NE I 29 Step 1 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 2 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 3 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 4 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 5 129,573$ 10,798$ 62.2946$ 4,983.57$ 8049 Electrical Test Technician, Lead NE I 32 Step 1 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 2 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 3 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 4 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 5 149,997$ 12,500$ 72.1138$ 5,769.11$ 8053 Electrical Test Technician, Senior NE I 31 Step 1 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 2 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 3 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 4 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 5 142,854$ 11,905$ 68.6798$ 5,494.38$ 8050 Metering Technician NE I 29 Step 1 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 2 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 3 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 4 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 5 129,573$ 10,798$ 62.2946$ 4,983.57$ Page 1 of 6 Resolution No. 2022-31 Page 17 of 32 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2023-2024 Effective July 2, 2023 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8047 Metering Technician, Senior NE I 31 Step 1 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 2 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 3 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 4 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 5 142,854$ 11,905$ 68.6798$ 5,494.38$ 8045 Power Plant Operator NE I 28 Step 1 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 2 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 3 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 4 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 5 123,403$ 10,284$ 59.3282$ 4,746.25$ 8030 Utilities Dispatcher NE I 33 Step 1 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 2 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 3 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 4 149,997$ 12,500$ 72.1138$ 5,769.11$ Step 5 157,497$ 13,125$ 75.7195$ 6,057.56$ 8025 Utilities Dispatcher, Senior NE I 34 Step 1 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 2 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 3 149,997$ 12,500$ 72.1138$ 5,769.11$ Step 4 157,497$ 13,125$ 75.7195$ 6,057.56$ Step 5 165,372$ 13,781$ 79.5055$ 6,360.44$ 8060 Utilities Operations Trainee NE I 23 Step 1 79,546$ 6,629$ 38.2434$ 3,059.47$ Step 2 83,524$ 6,960$ 40.1556$ 3,212.45$ Step 3 87,700$ 7,308$ 42.1634$ 3,373.07$ Step 4 92,085$ 7,674$ 44.2716$ 3,541.73$ Step 5 96,689$ 8,057$ 46.4852$ 3,718.81$ 8031 Utilities Project Coordinator NE I 33 Step 1 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 2 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 3 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 4 149,997$ 12,500$ 72.1138$ 5,769.11$ Step 5 157,497$ 13,125$ 75.7195$ 6,057.56$ Malburg Generation Station Division 8353 Control Room Operator I NE I 29 Step 1 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 2 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 3 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 4 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 5 129,573$ 10,798$ 62.2946$ 4,983.57$ Page 2 of 6 Resolution No. 2022-31 Page 18 of 32 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2023-2024 Effective July 2, 2023 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8355 Control Room Operator II NE I 31 Step 1 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 2 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 3 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 4 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 5 142,854$ 11,905$ 68.6798$ 5,494.38$ 8340 Control Room Operator, Senior NE I 33 Step 1 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 2 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 3 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 4 149,997$ 12,500$ 72.1138$ 5,769.11$ Step 5 157,497$ 13,125$ 75.7195$ 6,057.56$ 8375 Field Operator I NE I 25 Step 1 87,700$ 7,308$ 42.1634$ 3,373.07$ Step 2 92,085$ 7,674$ 44.2716$ 3,541.73$ Step 3 96,689$ 8,057$ 46.4852$ 3,718.81$ Step 4 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 5 106,600$ 8,883$ 51.2499$ 4,099.99$ 8370 Field Operator II NE I 27 Step 1 96,689$ 8,057$ 46.4852$ 3,718.81$ Step 2 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 3 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 4 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 5 117,526$ 9,794$ 56.5030$ 4,520.24$ 8360 Instrument & Controls Technician NE I 28 Step 1 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 2 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 3 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 4 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 5 123,403$ 10,284$ 59.3282$ 4,746.25$ 8357 Instrument & Controls Technician, Lead NE I 31 Step 1 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 2 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 3 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 4 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 5 142,854$ 11,905$ 68.6798$ 5,494.38$ 8390 Material Control Administrator NE I 22 Step 1 75,758$ 6,313$ 36.4223$ 2,913.78$ Step 2 79,546$ 6,629$ 38.2434$ 3,059.47$ Step 3 83,524$ 6,960$ 40.1556$ 3,212.45$ Step 4 87,700$ 7,308$ 42.1634$ 3,373.07$ Step 5 92,085$ 7,674$ 44.2716$ 3,541.73$ Page 3 of 6 Resolution No. 2022-31 Page 19 of 32 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2023-2024 Effective July 2, 2023 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8365 Mechanic/Welder NE I 26 Step 1 92,085$ 7,674$ 44.2716$ 3,541.73$ Step 2 96,689$ 8,057$ 46.4852$ 3,718.81$ Step 3 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 4 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 5 111,930$ 9,327$ 53.8124$ 4,305.00$ 8350 Mechanic, Lead NE I 30 Step 1 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 2 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 3 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 4 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 5 136,051$ 11,338$ 65.4093$ 5,232.75$ 8345 Site Safety Administrator/Control Room Operator NE I 32 Step 1 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 2 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 3 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 4 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 5 149,997$ 12,500$ 72.1138$ 5,769.11$ Engineering Division (Public Utilities) 8135 Electrical Engineering Technician NE I 25 Step 1 87,700$ 7,308$ 42.1634$ 3,373.07$ Step 2 92,085$ 7,674$ 44.2716$ 3,541.73$ Step 3 96,689$ 8,057$ 46.4852$ 3,718.81$ Step 4 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 5 106,600$ 8,883$ 51.2499$ 4,099.99$ 8130 Associate Electrical Engineer NE I 30 Step 1 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 2 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 3 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 4 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 5 136,051$ 11,338$ 65.4093$ 5,232.75$ 8125 Electrical Engineer NE I 35 Step 1 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 2 149,997$ 12,500$ 72.1138$ 5,769.11$ Step 3 157,497$ 13,125$ 75.7195$ 6,057.56$ Step 4 165,372$ 13,781$ 79.5055$ 6,360.44$ Step 5 173,640$ 14,470$ 83.4808$ 6,678.47$ Page 4 of 6 Resolution No. 2022-31 Page 20 of 32 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2023-2024 Effective July 2, 2023 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Gas Division 8215 Gas Systems Specialist NE I 30 Step 1 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 2 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 3 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 4 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 5 136,051$ 11,338$ 65.4093$ 5,232.75$ 8212 Gas Systems Specialist, Lead NE I 32 Step 1 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 2 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 3 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 4 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 5 149,997$ 12,500$ 72.1138$ 5,769.11$ 8220 Gas Systems Technician NE I 26 Step 1 92,085$ 7,674$ 44.2716$ 3,541.73$ Step 2 96,689$ 8,057$ 46.4852$ 3,718.81$ Step 3 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 4 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 5 111,930$ 9,327$ 53.8124$ 4,305.00$ Resource Planning and Scheduling Division 8435 Assistant Resource Scheduler NE I 28 Step 1 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 2 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 3 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 4 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 5 123,403$ 10,284$ 59.3282$ 4,746.25$ 8430 Associate Resource Scheduler NE I 30 Step 1 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 2 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 3 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 4 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 5 136,051$ 11,338$ 65.4093$ 5,232.75$ 8436 Power Resources Settlement Analyst NE I 28 Step 1 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 2 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 3 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 4 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 5 123,403$ 10,284$ 59.3282$ 4,746.25$ Page 5 of 6 Resolution No. 2022-31 Page 21 of 32 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2023-2024 Effective July 2, 2023 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8431 Power Resources Settlement Analyst, Senior NE I 30 Step 1 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 2 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 3 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 4 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 5 136,051$ 11,338$ 65.4093$ 5,232.75$ 8422 Principal Resource Scheduler/Trader NE I 34 Step 1 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 2 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 3 149,997$ 12,500$ 72.1138$ 5,769.11$ Step 4 157,497$ 13,125$ 75.7195$ 6,057.56$ Step 5 165,372$ 13,781$ 79.5055$ 6,360.44$ 8415 Resource Planner NE I 35 Step 1 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 2 149,997$ 12,500$ 72.1138$ 5,769.11$ Step 3 157,497$ 13,125$ 75.7195$ 6,057.56$ Step 4 165,372$ 13,781$ 79.5055$ 6,360.44$ Step 5 173,640$ 14,470$ 83.4808$ 6,678.47$ 8420 Resource Scheduler NE I 32 Step 1 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 2 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 3 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 4 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 5 149,997$ 12,500$ 72.1138$ 5,769.11$ Footnote: {a} - The annual and monthly salaries are reported as whole dollar without the cents ONLY for reporting purposes. Page 6 of 6 Resolution No. 2022-31 Page 22 of 32 ________________________ City of Vernon Classification and Compensation Plan Confidential, Elected Officials, and Unclassified Fiscal Year: 2024-2025 Effective July 14, 2024 Exhibit A CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD CITY COUNCIL 1025 Council Member E O 01 32,637$ 2,720$ N/A 1,255.29$ 1030 Mayor E O 01 32,637$ 2,720$ N/A 1,255.29$ Information Technology Division 1625 Information Technology Analyst NE C 26 Step 1 94,848$ 7,904$ 45.5998$ 3,647.98$ Step 2 99,590$ 8,299$ 47.8798$ 3,830.38$ Step 3 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 4 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 5 115,288$ 9,607$ 55.4268$ 4,434.15$ 1620 Information Technology Analyst, Senior NE C 30 Step 1 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 2 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 3 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 4 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 5 140,133$ 11,678$ 67.3716$ 5,389.73$ 1630 Information Technology Technician NE C 20 Step 1 70,777$ 5,898$ 34.0272$ 2,722.18$ Step 2 74,315$ 6,193$ 35.7286$ 2,858.28$ Step 3 78,031$ 6,503$ 37.5150$ 3,001.20$ Step 4 81,933$ 6,828$ 39.3908$ 3,151.26$ Step 5 86,029$ 7,169$ 41.3603$ 3,308.82$ CITY ATTORNEY'S OFFICE 1507 Executive Legal Secretary NE C 23 Step 1 81,933$ 6,828$ 39.3908$ 3,151.26$ Step 2 86,029$ 7,169$ 41.3603$ 3,308.82$ Step 3 90,331$ 7,528$ 43.4283$ 3,474.27$ Step 4 94,848$ 7,904$ 45.5998$ 3,647.98$ Step 5 99,590$ 8,299$ 47.8798$ 3,830.38$ 1495 Legal Administrative Analyst NE C 26 Step 1 94,848$ 7,904$ 45.5998$ 3,647.98$ Step 2 99,590$ 8,299$ 47.8798$ 3,830.38$ Step 3 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 4 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 5 115,288$ 9,607$ 55.4268$ 4,434.15$ Page 1 of 4 Resolution No. 2022-31 Page 23 of 32 ________________________ City of Vernon Classification and Compensation Plan Confidential, Elected Officials, and Unclassified Fiscal Year: 2024-2025 Effective July 14, 2024 Exhibit A CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD CITY CLERK DEPARTMENT 1320 Records Management Assistant NE C 20 Step 1 70,777$ 5,898$ 34.0272$ 2,722.18$ Step 2 74,315$ 6,193$ 35.7286$ 2,858.28$ Step 3 78,031$ 6,503$ 37.5150$ 3,001.20$ Step 4 81,933$ 6,828$ 39.3908$ 3,151.26$ Step 5 86,029$ 7,169$ 41.3603$ 3,308.82$ ADMINISTRATIVE AND CLERICAL GROUP 1532 Administrative Aide NE U T11 Step 1 45,623$ 3,802$ 21.9342$ 1,754.74$ Step 2 47,904$ 3,992$ 23.0309$ 1,842.48$ Step 3 50,300$ 4,192$ 24.1825$ 1,934.60$ Step 4 52,815$ 4,401$ 25.3916$ 2,031.33$ Step 5 55,455$ 4,621$ 26.6612$ 2,132.89$ 1530 Administrative Assistant, (Confidential)NE C 13 Step 1 50,300$ 4,192$ 24.1825$ 1,934.60$ Step 2 52,815$ 4,401$ 25.3916$ 2,031.33$ Step 3 55,455$ 4,621$ 26.6612$ 2,132.89$ Step 4 58,228$ 4,852$ 27.9942$ 2,239.54$ Step 5 61,139$ 5,095$ 29.3939$ 2,351.52$ 1520 Administrative Assistant, Senior (Confidential)NE C 17 Step 1 61,139$ 5,095$ 29.3939$ 2,351.52$ Step 2 64,196$ 5,350$ 30.8637$ 2,469.09$ Step 3 67,406$ 5,617$ 32.4069$ 2,592.55$ Step 4 70,777$ 5,898$ 34.0272$ 2,722.18$ Step 5 74,315$ 6,193$ 35.7286$ 2,858.28$ 1510 Administrative Secretary NE C 20 Step 1 70,777$ 5,898$ 34.0272$ 2,722.18$ Step 2 74,315$ 6,193$ 35.7286$ 2,858.28$ Step 3 78,031$ 6,503$ 37.5150$ 3,001.20$ Step 4 81,933$ 6,828$ 39.3908$ 3,151.26$ Step 5 86,029$ 7,169$ 41.3603$ 3,308.82$ 1500 Executive Assistant to the City Administrator NE C 26 Step 1 94,848$ 7,904$ 45.5998$ 3,647.98$ Step 2 99,590$ 8,299$ 47.8798$ 3,830.38$ Step 3 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 4 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 5 115,288$ 9,607$ 55.4268$ 4,434.15$ Page 2 of 4 Resolution No. 2022-31 Page 24 of 32 ________________________ City of Vernon Classification and Compensation Plan Confidential, Elected Officials, and Unclassified Fiscal Year: 2024-2025 Effective July 14, 2024 Exhibit A CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 1490 Administrative Analyst NE C 26 Step 1 94,848$ 7,904$ 45.5998$ 3,647.98$ Step 2 99,590$ 8,299$ 47.8798$ 3,830.38$ Step 3 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 4 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 5 115,288$ 9,607$ 55.4268$ 4,434.15$ 1535 Administrative Intern NE U Hourly Step 1 18.50$ FINANCE DEPARTMENT 1240 Accountant NE C 22 Step 1 78,031$ 6,503$ 37.5150$ 3,001.20$ Step 2 81,933$ 6,828$ 39.3908$ 3,151.26$ Step 3 86,029$ 7,169$ 41.3603$ 3,308.82$ Step 4 90,331$ 7,528$ 43.4283$ 3,474.27$ Step 5 94,848$ 7,904$ 45.5998$ 3,647.98$ 1230 Accountant, Senior NE C 27 Step 1 99,590$ 8,299$ 47.8798$ 3,830.38$ Step 2 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 3 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 4 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 5 121,052$ 10,088$ 58.1982$ 4,655.86$ 1239 Payroll Analyst NE C 26 Step 1 94,848$ 7,904$ 45.5998$ 3,647.98$ Step 2 99,590$ 8,299$ 47.8798$ 3,830.38$ Step 3 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 4 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 5 115,288$ 9,607$ 55.4268$ 4,434.15$ 1245 Payroll Specialist NE C 19 Step 1 67,406$ 5,617$ 32.4069$ 2,592.55$ Step 2 70,777$ 5,898$ 34.0272$ 2,722.18$ Step 3 74,315$ 6,193$ 35.7286$ 2,858.28$ Step 4 78,031$ 6,503$ 37.5150$ 3,001.20$ Step 5 81,933$ 6,828$ 39.3908$ 3,151.26$ Page 3 of 4 Resolution No. 2022-31 Page 25 of 32 ________________________ City of Vernon Classification and Compensation Plan Confidential, Elected Officials, and Unclassified Fiscal Year: 2024-2025 Effective July 14, 2024 Exhibit A CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD HEALTH AND ENVIRONMENTAL CONTROL DEPARTMENT 2022 Environmental Specialist, Temporary NE U T26 Step 1 94,848$ 7,904$ 45.5998$ 3,647.98$ Step 2 99,590$ 8,299$ 47.8798$ 3,830.38$ Step 3 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 4 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 5 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 6 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 7 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 8 133,460$ 11,122$ 64.1635$ 5,133.08$ 2045 Environmental Health Intern NE U Hourly Step 1 18.50$ HUMAN RESOURCES DEPARTMENT 1425 Human Resources Assistant NE C 17 Step 1 61,139$ 5,095$ 29.3939$ 2,351.52$ Step 2 64,196$ 5,350$ 30.8637$ 2,469.09$ Step 3 67,406$ 5,617$ 32.4069$ 2,592.55$ Step 4 70,777$ 5,898$ 34.0272$ 2,722.18$ Step 5 74,315$ 6,193$ 35.7286$ 2,858.28$ POLICE DEPARTMENT 4035 Police Officer Recruit NE U 20 Step 1 70,777$ 5,898$ 34.0272$ 2,722.18$ Step 2 74,315$ 6,193$ 35.7286$ 2,858.28$ Step 3 78,031$ 6,503$ 37.5150$ 3,001.20$ Step 4 81,933$ 6,828$ 39.3908$ 3,151.26$ Step 5 86,029$ 7,169$ 41.3603$ 3,308.82$ 4145 Reserve Police Officer NE U Stipend Step 1 3,600$ PUBLIC UTILITIES DEPARTMENT 8612 Utilities Strategic Planning Coordinator NE C 30 Step 1 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 2 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 3 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 4 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 5 140,133$ 11,678$ 67.3716$ 5,389.73$ Footnote: {a} - The annual and monthly salaries are reported as whole dollar without the cents ONLY for reporting purposes. Page 4 of 4 Resolution No. 2022-31 Page 26 of 32 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2024-2025 Effective July 14, 2024 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD PUBLIC UTILITIES DEPARTMENT Electric Operations Division 8035 Electric Operator NE I 30 Step 1 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 2 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 3 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 4 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 5 140,133$ 11,678$ 67.3716$ 5,389.73$ 8032 Electric Operator, Senior NE I 31 Step 1 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 2 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 3 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 4 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 5 147,140$ 12,262$ 70.7402$ 5,659.22$ 8055 Electrical Test Technician NE I 29 Step 1 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 2 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 3 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 4 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 5 133,460$ 11,122$ 64.1635$ 5,133.08$ 8049 Electrical Test Technician, Lead NE I 32 Step 1 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 2 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 3 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 4 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 5 154,497$ 12,875$ 74.2772$ 5,942.18$ 8053 Electrical Test Technician, Senior NE I 31 Step 1 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 2 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 3 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 4 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 5 147,140$ 12,262$ 70.7402$ 5,659.22$ 8050 Metering Technician NE I 29 Step 1 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 2 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 3 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 4 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 5 133,460$ 11,122$ 64.1635$ 5,133.08$ Page 1 of 6 Resolution No. 2022-31 Page 27 of 32 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2024-2025 Effective July 14, 2024 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8047 Metering Technician, Senior NE I 31 Step 1 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 2 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 3 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 4 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 5 147,140$ 12,262$ 70.7402$ 5,659.22$ 8045 Power Plant Operator NE I 28 Step 1 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 2 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 3 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 4 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 5 127,105$ 10,592$ 61.1081$ 4,888.65$ 8030 Utilities Dispatcher NE I 33 Step 1 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 2 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 3 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 4 154,497$ 12,875$ 74.2772$ 5,942.18$ Step 5 162,222$ 13,518$ 77.9911$ 6,239.29$ 8025 Utilities Dispatcher, Senior NE I 34 Step 1 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 2 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 3 154,497$ 12,875$ 74.2772$ 5,942.18$ Step 4 162,222$ 13,518$ 77.9911$ 6,239.29$ Step 5 170,333$ 14,194$ 81.8907$ 6,551.25$ 8060 Utilities Operations Trainee NE I 23 Step 1 81,933$ 6,828$ 39.3908$ 3,151.26$ Step 2 86,029$ 7,169$ 41.3603$ 3,308.82$ Step 3 90,331$ 7,528$ 43.4283$ 3,474.27$ Step 4 94,848$ 7,904$ 45.5998$ 3,647.98$ Step 5 99,590$ 8,299$ 47.8798$ 3,830.38$ 8031 Utilities Project Coordinator NE I 33 Step 1 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 2 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 3 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 4 154,497$ 12,875$ 74.2772$ 5,942.18$ Step 5 162,222$ 13,518$ 77.9911$ 6,239.29$ Malburg Generation Station Division 8353 Control Room Operator I NE I 29 Step 1 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 2 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 3 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 4 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 5 133,460$ 11,122$ 64.1635$ 5,133.08$ Page 2 of 6 Resolution No. 2022-31 Page 28 of 32 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2024-2025 Effective July 14, 2024 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8355 Control Room Operator II NE I 31 Step 1 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 2 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 3 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 4 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 5 147,140$ 12,262$ 70.7402$ 5,659.22$ 8340 Control Room Operator, Senior NE I 33 Step 1 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 2 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 3 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 4 154,497$ 12,875$ 74.2772$ 5,942.18$ Step 5 162,222$ 13,518$ 77.9911$ 6,239.29$ 8375 Field Operator I NE I 25 Step 1 90,331$ 7,528$ 43.4283$ 3,474.27$ Step 2 94,848$ 7,904$ 45.5998$ 3,647.98$ Step 3 99,590$ 8,299$ 47.8798$ 3,830.38$ Step 4 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 5 109,798$ 9,150$ 52.7875$ 4,223.00$ 8370 Field Operator II NE I 27 Step 1 99,590$ 8,299$ 47.8798$ 3,830.38$ Step 2 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 3 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 4 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 5 121,052$ 10,088$ 58.1982$ 4,655.86$ 8360 Instrument and Controls Technician NE I 28 Step 1 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 2 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 3 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 4 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 5 127,105$ 10,592$ 61.1081$ 4,888.65$ 8357 Instrument and Controls Technician, Lead NE I 31 Step 1 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 2 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 3 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 4 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 5 147,140$ 12,262$ 70.7402$ 5,659.22$ 8390 Material Control Administrator NE I 22 Step 1 78,031$ 6,503$ 37.5150$ 3,001.20$ Step 2 81,933$ 6,828$ 39.3908$ 3,151.26$ Step 3 86,029$ 7,169$ 41.3603$ 3,308.82$ Step 4 90,331$ 7,528$ 43.4283$ 3,474.27$ Step 5 94,848$ 7,904$ 45.5998$ 3,647.98$ Page 3 of 6 Resolution No. 2022-31 Page 29 of 32 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2024-2025 Effective July 14, 2024 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8365 Mechanic/Welder NE I 26 Step 1 94,848$ 7,904$ 45.5998$ 3,647.98$ Step 2 99,590$ 8,299$ 47.8798$ 3,830.38$ Step 3 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 4 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 5 115,288$ 9,607$ 55.4268$ 4,434.15$ 8350 Mechanic, Lead NE I 30 Step 1 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 2 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 3 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 4 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 5 140,133$ 11,678$ 67.3716$ 5,389.73$ 8345 Site Safety Administrator/Control Room Operator NE I 32 Step 1 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 2 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 3 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 4 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 5 154,497$ 12,875$ 74.2772$ 5,942.18$ Engineering Division (Public Utilities) 8135 Electrical Engineering Technician NE I 25 Step 1 90,331$ 7,528$ 43.4283$ 3,474.27$ Step 2 94,848$ 7,904$ 45.5998$ 3,647.98$ Step 3 99,590$ 8,299$ 47.8798$ 3,830.38$ Step 4 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 5 109,798$ 9,150$ 52.7875$ 4,223.00$ 8130 Associate Electrical Engineer NE I 30 Step 1 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 2 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 3 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 4 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 5 140,133$ 11,678$ 67.3716$ 5,389.73$ 8125 Electrical Engineer NE I 35 Step 1 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 2 154,497$ 12,875$ 74.2772$ 5,942.18$ Step 3 162,222$ 13,518$ 77.9911$ 6,239.29$ Step 4 170,333$ 14,194$ 81.8907$ 6,551.25$ Step 5 178,849$ 14,904$ 85.9852$ 6,878.82$ Page 4 of 6 Resolution No. 2022-31 Page 30 of 32 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2024-2025 Effective July 14, 2024 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Gas Division 8215 Gas Systems Specialist NE I 30 Step 1 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 2 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 3 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 4 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 5 140,133$ 11,678$ 67.3716$ 5,389.73$ 8212 Gas Systems Specialist, Lead NE I 32 Step 1 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 2 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 3 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 4 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 5 154,497$ 12,875$ 74.2772$ 5,942.18$ 8220 Gas Systems Technician NE I 26 Step 1 94,848$ 7,904$ 45.5998$ 3,647.98$ Step 2 99,590$ 8,299$ 47.8798$ 3,830.38$ Step 3 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 4 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 5 115,288$ 9,607$ 55.4268$ 4,434.15$ Resource Planning and Scheduling Division 8435 Assistant Resource Scheduler NE I 28 Step 1 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 2 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 3 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 4 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 5 127,105$ 10,592$ 61.1081$ 4,888.65$ 8430 Associate Resource Scheduler NE I 30 Step 1 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 2 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 3 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 4 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 5 140,133$ 11,678$ 67.3716$ 5,389.73$ 8436 Power Resources Settlement Analyst NE I 28 Step 1 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 2 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 3 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 4 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 5 127,105$ 10,592$ 61.1081$ 4,888.65$ Page 5 of 6 Resolution No. 2022-31 Page 31 of 32 ________________________ City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2024-2025 Effective July 14, 2024 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8431 Power Resources Settlement Analyst, Senior NE I 30 Step 1 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 2 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 3 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 4 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 5 140,133$ 11,678$ 67.3716$ 5,389.73$ 8422 Principal Resource Scheduler/Trader NE I 34 Step 1 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 2 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 3 154,497$ 12,875$ 74.2772$ 5,942.18$ Step 4 162,222$ 13,518$ 77.9911$ 6,239.29$ Step 5 170,333$ 14,194$ 81.8907$ 6,551.25$ 8415 Resource Planner NE I 35 Step 1 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 2 154,497$ 12,875$ 74.2772$ 5,942.18$ Step 3 162,222$ 13,518$ 77.9911$ 6,239.29$ Step 4 170,333$ 14,194$ 81.8907$ 6,551.25$ Step 5 178,849$ 14,904$ 85.9852$ 6,878.82$ 8420 Resource Scheduler NE I 32 Step 1 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 2 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 3 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 4 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 5 154,497$ 12,875$ 74.2772$ 5,942.18$ Footnote: {a} - The annual and monthly salaries are reported as whole dollar without the cents ONLY for reporting purposes. Page 6 of 6 Resolution No. 2022-31 Page 32 of 32 ________________________ City of Vernon Classification and Compensation Plan Confidential, Elected Officials, and Unclasified Fiscal Year: 2022-2023 Effective August 2, 2022 Exhibit A CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD CITY COUNCIL 1025 Council Member E O 01 30,764$ 2,564$ N/A 1,183.23$ 1030 Mayor E O 01 30,764$ 2,564$ N/A 1,183.23$ Information Technology Division 1625 Information Technology Analyst NE C 26 Step 1 89,403$ 7,450$ 42.9823$ 3,438.58$ Step 2 93,873$ 7,823$ 45.1314$ 3,610.51$ Step 3 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 4 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 5 108,670$ 9,056$ 52.2452$ 4,179.62$ 1620 Information Technology Analyst, Senior NE C 30 Step 1 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 2 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 3 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 4 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 5 132,089$ 11,007$ 63.5043$ 5,080.35$ 1630 Information Technology Technician NE C 20 Step 1 66,714$ 5,560$ 32.0740$ 2,565.92$ Step 2 70,050$ 5,837$ 33.6778$ 2,694.22$ Step 3 73,552$ 6,129$ 35.3616$ 2,828.93$ Step 4 77,230$ 6,436$ 37.1297$ 2,970.38$ Step 5 81,091$ 6,758$ 38.9862$ 3,118.90$ CITY ATTORNEY'S OFFICE 1507 Executive Legal Secretary NE C 23 Step 1 77,230$ 6,436$ 37.1297$ 2,970.38$ Step 2 81,091$ 6,758$ 38.9862$ 3,118.90$ Step 3 85,146$ 7,095$ 40.9355$ 3,274.84$ Step 4 89,403$ 7,450$ 42.9823$ 3,438.58$ Step 5 93,873$ 7,823$ 45.1314$ 3,610.51$ 1495 Legal Administrative Analyst NE C 26 Step 1 89,403$ 7,450$ 42.9823$ 3,438.58$ Step 2 93,873$ 7,823$ 45.1314$ 3,610.51$ Step 3 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 4 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 5 108,670$ 9,056$ 52.2452$ 4,179.62$ Page 1 of 4 City of Vernon Classification and Compensation Plan Confidential, Elected Officials, and Unclasified Fiscal Year: 2022-2023 Effective August 2, 2022 Exhibit A CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD CITY CLERK DEPARTMENT 1320 Records Management Assistant NE C 20 Step 1 66,714$ 5,560$ 32.0740$ 2,565.92$ Step 2 70,050$ 5,837$ 33.6778$ 2,694.22$ Step 3 73,552$ 6,129$ 35.3616$ 2,828.93$ Step 4 77,230$ 6,436$ 37.1297$ 2,970.38$ Step 5 81,091$ 6,758$ 38.9862$ 3,118.90$ ADMINISTRATIVE AND CLERICAL GROUP 1532 Administrative Aide NE U T11 Step 1 43,004$ 3,584$ 20.6752$ 1,654.02$ Step 2 45,155$ 3,763$ 21.7090$ 1,736.72$ Step 3 47,412$ 3,951$ 22.7944$ 1,823.55$ Step 4 49,783$ 4,149$ 23.9341$ 1,914.73$ Step 5 52,272$ 4,356$ 25.1308$ 2,010.47$ 1530 Administrative Assistant, (Confidential)NE C 13 Step 1 47,412$ 3,951$ 22.7944$ 1,823.55$ Step 2 49,783$ 4,149$ 23.9341$ 1,914.73$ Step 3 52,272$ 4,356$ 25.1308$ 2,010.47$ Step 4 54,886$ 4,574$ 26.3874$ 2,110.99$ Step 5 57,630$ 4,803$ 27.7067$ 2,216.54$ 1520 Administrative Assistant, Senior (Confidential)NE C 17 Step 1 57,630$ 4,803$ 27.7067$ 2,216.54$ Step 2 60,512$ 5,043$ 29.0921$ 2,327.37$ Step 3 63,537$ 5,295$ 30.5467$ 2,443.74$ Step 4 66,714$ 5,560$ 32.0740$ 2,565.92$ Step 5 70,050$ 5,837$ 33.6778$ 2,694.22$ 1510 Administrative Secretary NE C 20 Step 1 66,714$ 5,560$ 32.0740$ 2,565.92$ Step 2 70,050$ 5,837$ 33.6778$ 2,694.22$ Step 3 73,552$ 6,129$ 35.3616$ 2,828.93$ Step 4 77,230$ 6,436$ 37.1297$ 2,970.38$ Step 5 81,091$ 6,758$ 38.9862$ 3,118.90$ 1500 Executive Assistant to the City Administrator NE C 26 Step 1 89,403$ 7,450$ 42.9823$ 3,438.58$ Step 2 93,873$ 7,823$ 45.1314$ 3,610.51$ Step 3 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 4 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 5 108,670$ 9,056$ 52.2452$ 4,179.62$ Page 2 of 4 City of Vernon Classification and Compensation Plan Confidential, Elected Officials, and Unclasified Fiscal Year: 2022-2023 Effective August 2, 2022 Exhibit A CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 1490 Administrative Analyst NE C 26 Step 1 89,403$ 7,450$ 42.9823$ 3,438.58$ Step 2 93,873$ 7,823$ 45.1314$ 3,610.51$ Step 3 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 4 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 5 108,670$ 9,056$ 52.2452$ 4,179.62$ 1535 Administrative Intern NE U Hourly Step 1 18.50$ FINANCE DEPARTMENT 1240 Accountant NE C 22 Step 1 73,552$ 6,129$ 35.3616$ 2,828.93$ Step 2 77,230$ 6,436$ 37.1297$ 2,970.38$ Step 3 81,091$ 6,758$ 38.9862$ 3,118.90$ Step 4 85,146$ 7,095$ 40.9355$ 3,274.84$ Step 5 89,403$ 7,450$ 42.9823$ 3,438.58$ 1230 Accountant, Senior NE C 27 Step 1 93,873$ 7,823$ 45.1314$ 3,610.51$ Step 2 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 3 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 4 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 5 114,104$ 9,509$ 54.8575$ 4,388.60$ 1239 Payroll Analyst NE C 26 Step 1 89,403$ 7,450$ 42.9823$ 3,438.58$ Step 2 93,873$ 7,823$ 45.1314$ 3,610.51$ Step 3 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 4 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 5 108,670$ 9,056$ 52.2452$ 4,179.62$ 1245 Payroll Specialist NE C 19 Step 1 63,537$ 5,295$ 30.5467$ 2,443.74$ Step 2 66,714$ 5,560$ 32.0740$ 2,565.92$ Step 3 70,050$ 5,837$ 33.6778$ 2,694.22$ Step 4 73,552$ 6,129$ 35.3616$ 2,828.93$ Step 5 77,230$ 6,436$ 37.1297$ 2,970.38$ 1242 Payroll Specialist, Senior NE C 20 Step 1 66,714$ 5,560$ 32.0740$ 2,565.92$ Step 2 70,050$ 5,837$ 33.6778$ 2,694.22$ Step 3 73,552$ 6,129$ 35.3616$ 2,828.93$ Step 4 77,230$ 6,436$ 37.1297$ 2,970.38$ Step 5 81,091$ 6,758$ 38.9862$ 3,118.90$ Page 3 of 4 City of Vernon Classification and Compensation Plan Confidential, Elected Officials, and Unclasified Fiscal Year: 2022-2023 Effective August 2, 2022 Exhibit A CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD HEALTH AND ENVIRONMENTAL CONTROL DEPARTMENT 2022 Environmental Specialist, Temporary NE U T26 Step 1 89,403$ 7,450$ 42.9823$ 3,438.58$ Step 2 93,873$ 7,823$ 45.1314$ 3,610.51$ Step 3 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 4 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 5 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 6 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 7 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 8 125,799$ 10,483$ 60.4803$ 4,838.43$ 2045 Environmental Health Intern NE U Hourly Step 1 18.50$ HUMAN RESOURCES DEPARTMENT 1425 Human Resources Assistant NE C 17 Step 1 57,630$ 4,803$ 27.7067$ 2,216.54$ Step 2 60,512$ 5,043$ 29.0921$ 2,327.37$ Step 3 63,537$ 5,295$ 30.5467$ 2,443.74$ Step 4 66,714$ 5,560$ 32.0740$ 2,565.92$ Step 5 70,050$ 5,837$ 33.6778$ 2,694.22$ POLICE DEPARTMENT 4035 Police Officer Recruit NE U 20 Step 1 66,714$ 5,560$ 32.0740$ 2,565.92$ Step 2 70,050$ 5,837$ 33.6778$ 2,694.22$ Step 3 73,552$ 6,129$ 35.3616$ 2,828.93$ Step 4 77,230$ 6,436$ 37.1297$ 2,970.38$ Step 5 81,091$ 6,758$ 38.9862$ 3,118.90$ 4145 Reserve Police Officer NE U Stipend Step 1 3,600$ PUBLIC UTILITIES DEPARTMENT 8612 Utilities Strategic Planning Coordinator NE C 30 Step 1 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 2 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 3 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 4 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 5 132,089$ 11,007$ 63.5043$ 5,080.35$ Footnote: {a} - The annual and monthly salaries are reported as whole dollar without the cents ONLY for reporting purposes. Page 4 of 4 City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2022-2023 Effective July 31, 2022 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD PUBLIC UTILITIES DEPARTMENT Electric Operations Division 8035 Electric Operator NE I 30 Step 1 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 2 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 3 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 4 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 5 132,089$ 11,007$ 63.5043$ 5,080.35$ 8032 Electric Operator, Senior NE I 31 Step 1 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 2 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 3 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 4 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 5 138,693$ 11,558$ 66.6796$ 5,334.36$ 8055 Electrical Test Technician NE I 29 Step 1 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 2 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 3 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 4 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 5 125,799$ 10,483$ 60.4803$ 4,838.43$ 8049 Electrical Test Technician, Lead NE I 32 Step 1 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 2 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 3 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 4 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 5 145,628$ 12,136$ 70.0135$ 5,601.08$ 8053 Electrical Test Technician, Senior NE I 31 Step 1 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 2 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 3 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 4 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 5 138,693$ 11,558$ 66.6796$ 5,334.36$ 8050 Metering Technician NE I 29 Step 1 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 2 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 3 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 4 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 5 125,799$ 10,483$ 60.4803$ 4,838.43$ Page 1 of 6 City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2022-2023 Effective July 31, 2022 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8047 Metering Technician, Senior NE I 31 Step 1 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 2 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 3 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 4 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 5 138,693$ 11,558$ 66.6796$ 5,334.36$ 8045 Power Plant Operator NE I 28 Step 1 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 2 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 3 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 4 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 5 119,809$ 9,984$ 57.6003$ 4,608.03$ 8030 Utilities Dispatcher NE I 33 Step 1 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 2 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 3 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 4 145,628$ 12,136$ 70.0135$ 5,601.08$ Step 5 152,910$ 12,742$ 73.5142$ 5,881.14$ 8025 Utilities Dispatcher, Senior NE I 34 Step 1 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 2 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 3 145,628$ 12,136$ 70.0135$ 5,601.08$ Step 4 152,910$ 12,742$ 73.5142$ 5,881.14$ Step 5 160,555$ 13,380$ 77.1899$ 6,175.19$ 8060 Utilities Operations Trainee NE I 23 Step 1 77,230$ 6,436$ 37.1297$ 2,970.38$ Step 2 81,091$ 6,758$ 38.9862$ 3,118.90$ Step 3 85,146$ 7,095$ 40.9355$ 3,274.84$ Step 4 89,403$ 7,450$ 42.9823$ 3,438.58$ Step 5 93,873$ 7,823$ 45.1314$ 3,610.51$ 8031 Utilities Project Coordinator NE I 33 Step 1 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 2 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 3 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 4 145,628$ 12,136$ 70.0135$ 5,601.08$ Step 5 152,910$ 12,742$ 73.5142$ 5,881.14$ Malburg Generation Station Division 8353 Control Room Operator I NE I 29 Step 1 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 2 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 3 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 4 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 5 125,799$ 10,483$ 60.4803$ 4,838.43$ Page 2 of 6 City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2022-2023 Effective July 31, 2022 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8355 Control Room Operator II NE I 31 Step 1 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 2 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 3 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 4 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 5 138,693$ 11,558$ 66.6796$ 5,334.36$ 8340 Control Room Operator, Senior NE I 33 Step 1 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 2 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 3 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 4 145,628$ 12,136$ 70.0135$ 5,601.08$ Step 5 152,910$ 12,742$ 73.5142$ 5,881.14$ 8375 Field Operator I NE I 25 Step 1 85,146$ 7,095$ 40.9355$ 3,274.84$ Step 2 89,403$ 7,450$ 42.9823$ 3,438.58$ Step 3 93,873$ 7,823$ 45.1314$ 3,610.51$ Step 4 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 5 103,495$ 8,625$ 49.7574$ 3,980.59$ 8370 Field Operator II NE I 27 Step 1 93,873$ 7,823$ 45.1314$ 3,610.51$ Step 2 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 3 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 4 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 5 114,104$ 9,509$ 54.8575$ 4,388.60$ 8360 Instrument & Controls Technician NE I 28 Step 1 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 2 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 3 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 4 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 5 119,809$ 9,984$ 57.6003$ 4,608.03$ 8357 Instrument & Controls Technician, Lead NE I 31 Step 1 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 2 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 3 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 4 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 5 138,693$ 11,558$ 66.6796$ 5,334.36$ 8390 Material Control Administrator NE I 22 Step 1 73,552$ 6,129$ 35.3616$ 2,828.93$ Step 2 77,230$ 6,436$ 37.1297$ 2,970.38$ Step 3 81,091$ 6,758$ 38.9862$ 3,118.90$ Step 4 85,146$ 7,095$ 40.9355$ 3,274.84$ Step 5 89,403$ 7,450$ 42.9823$ 3,438.58$ Page 3 of 6 City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2022-2023 Effective July 31, 2022 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8365 Mechanic/Welder NE I 26 Step 1 89,403$ 7,450$ 42.9823$ 3,438.58$ Step 2 93,873$ 7,823$ 45.1314$ 3,610.51$ Step 3 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 4 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 5 108,670$ 9,056$ 52.2452$ 4,179.62$ 8350 Mechanic, Lead NE I 30 Step 1 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 2 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 3 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 4 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 5 132,089$ 11,007$ 63.5043$ 5,080.35$ 8345 Site Safety Administrator/Control Room Operator NE I 32 Step 1 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 2 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 3 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 4 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 5 145,628$ 12,136$ 70.0135$ 5,601.08$ Engineering Division (Public Utilities) 8135 Electrical Engineering Technician NE I 25 Step 1 85,146$ 7,095$ 40.9355$ 3,274.84$ Step 2 89,403$ 7,450$ 42.9823$ 3,438.58$ Step 3 93,873$ 7,823$ 45.1314$ 3,610.51$ Step 4 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 5 103,495$ 8,625$ 49.7574$ 3,980.59$ 8130 Associate Electrical Engineer NE I 30 Step 1 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 2 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 3 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 4 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 5 132,089$ 11,007$ 63.5043$ 5,080.35$ 8125 Electrical Engineer NE I 35 Step 1 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 2 145,628$ 12,136$ 70.0135$ 5,601.08$ Step 3 152,910$ 12,742$ 73.5142$ 5,881.14$ Step 4 160,555$ 13,380$ 77.1899$ 6,175.19$ Step 5 168,583$ 14,049$ 81.0494$ 6,483.95$ Page 4 of 6 City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2022-2023 Effective July 31, 2022 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Gas Division 8215 Gas Systems Specialist NE I 30 Step 1 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 2 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 3 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 4 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 5 132,089$ 11,007$ 63.5043$ 5,080.35$ 8212 Gas Systems Specialist, Lead NE I 32 Step 1 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 2 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 3 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 4 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 5 145,628$ 12,136$ 70.0135$ 5,601.08$ 8220 Gas Systems Technician NE I 26 Step 1 89,403$ 7,450$ 42.9823$ 3,438.58$ Step 2 93,873$ 7,823$ 45.1314$ 3,610.51$ Step 3 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 4 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 5 108,670$ 9,056$ 52.2452$ 4,179.62$ Resource Planning and Scheduling Division 8435 Assistant Resource Scheduler NE I 28 Step 1 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 2 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 3 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 4 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 5 119,809$ 9,984$ 57.6003$ 4,608.03$ 8430 Associate Resource Scheduler NE I 30 Step 1 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 2 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 3 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 4 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 5 132,089$ 11,007$ 63.5043$ 5,080.35$ 8436 Power Resources Settlement Analyst NE I 28 Step 1 98,567$ 8,214$ 47.3879$ 3,791.04$ Step 2 103,495$ 8,625$ 49.7574$ 3,980.59$ Step 3 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 4 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 5 119,809$ 9,984$ 57.6003$ 4,608.03$ Page 5 of 6 City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2022-2023 Effective July 31, 2022 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8431 Power Resources Settlement Analyst, Senior NE I 30 Step 1 108,670$ 9,056$ 52.2452$ 4,179.62$ Step 2 114,104$ 9,509$ 54.8575$ 4,388.60$ Step 3 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 4 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 5 132,089$ 11,007$ 63.5043$ 5,080.35$ 8422 Principal Resource Scheduler/Trader NE I 34 Step 1 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 2 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 3 145,628$ 12,136$ 70.0135$ 5,601.08$ Step 4 152,910$ 12,742$ 73.5142$ 5,881.14$ Step 5 160,555$ 13,380$ 77.1899$ 6,175.19$ 8415 Resource Planner NE I 35 Step 1 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 2 145,628$ 12,136$ 70.0135$ 5,601.08$ Step 3 152,910$ 12,742$ 73.5142$ 5,881.14$ Step 4 160,555$ 13,380$ 77.1899$ 6,175.19$ Step 5 168,583$ 14,049$ 81.0494$ 6,483.95$ 8420 Resource Scheduler NE I 32 Step 1 119,809$ 9,984$ 57.6003$ 4,608.03$ Step 2 125,799$ 10,483$ 60.4803$ 4,838.43$ Step 3 132,089$ 11,007$ 63.5043$ 5,080.35$ Step 4 138,693$ 11,558$ 66.6796$ 5,334.36$ Step 5 145,628$ 12,136$ 70.0135$ 5,601.08$ Footnote: {a} - The annual and monthly salaries are reported as whole dollar without the cents ONLY for reporting purposes. Page 6 of 6 City of Vernon Classification and Compensation Plan Confidential, Elected Officials and Unclasified Fiscal Year: 2023-2024 Effective July 2, 2023 Exhibit A CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD CITY COUNCIL 1025 Council Member E O 01 31,687$ 2,641$ N/A 1,218.73$ 1030 Mayor E O 01 31,687$ 2,641$ N/A 1,218.73$ Information Technology Division 1625 Information Technology Analyst NE C 26 Step 1 92,085$ 7,674$ 44.2716$ 3,541.73$ Step 2 96,689$ 8,057$ 46.4852$ 3,718.81$ Step 3 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 4 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 5 111,930$ 9,327$ 53.8124$ 4,305.00$ 1620 Information Technology Analyst, Senior NE C 30 Step 1 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 2 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 3 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 4 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 5 136,051$ 11,338$ 65.4093$ 5,232.75$ 1630 Information Technology Technician NE C 20 Step 1 68,715$ 5,726$ 33.0361$ 2,642.89$ Step 2 72,151$ 6,013$ 34.6879$ 2,775.03$ Step 3 75,758$ 6,313$ 36.4223$ 2,913.78$ Step 4 79,546$ 6,629$ 38.2434$ 3,059.47$ Step 5 83,524$ 6,960$ 40.1556$ 3,212.45$ CITY ATTORNEY'S OFFICE 1507 Executive Legal Secretary NE C 23 Step 1 79,546$ 6,629$ 38.2434$ 3,059.47$ Step 2 83,524$ 6,960$ 40.1556$ 3,212.45$ Step 3 87,700$ 7,308$ 42.1634$ 3,373.07$ Step 4 92,085$ 7,674$ 44.2716$ 3,541.73$ Step 5 96,689$ 8,057$ 46.4852$ 3,718.81$ 1495 Legal Administrative Analyst NE C 26 Step 1 92,085$ 7,674$ 44.2716$ 3,541.73$ Step 2 96,689$ 8,057$ 46.4852$ 3,718.81$ Step 3 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 4 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 5 111,930$ 9,327$ 53.8124$ 4,305.00$ Page 1 of 4 City of Vernon Classification and Compensation Plan Confidential, Elected Officials and Unclasified Fiscal Year: 2023-2024 Effective July 2, 2023 Exhibit A CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD CITY CLERK DEPARTMENT 1320 Records Management Assistant NE C 20 Step 1 68,715$ 5,726$ 33.0361$ 2,642.89$ Step 2 72,151$ 6,013$ 34.6879$ 2,775.03$ Step 3 75,758$ 6,313$ 36.4223$ 2,913.78$ Step 4 79,546$ 6,629$ 38.2434$ 3,059.47$ Step 5 83,524$ 6,960$ 40.1556$ 3,212.45$ ADMINISTRATIVE AND CLERICAL GROUP 1532 Administrative Aide NE U T11 Step 1 44,294$ 3,691$ 21.2954$ 1,703.63$ Step 2 46,509$ 3,876$ 22.3602$ 1,788.81$ Step 3 48,835$ 4,070$ 23.4782$ 1,878.25$ Step 4 51,276$ 4,273$ 24.6521$ 1,972.17$ Step 5 53,840$ 4,487$ 25.8847$ 2,070.78$ 1530 Administrative Assistant, (Confidential)NE C 13 Step 1 48,835$ 4,070$ 23.4782$ 1,878.25$ Step 2 51,276$ 4,273$ 24.6521$ 1,972.17$ Step 3 53,840$ 4,487$ 25.8847$ 2,070.78$ Step 4 56,532$ 4,711$ 27.1789$ 2,174.31$ Step 5 59,359$ 4,947$ 28.5378$ 2,283.03$ 1520 Administrative Assistant, Senior (Confidential)NE C 17 Step 1 59,359$ 4,947$ 28.5378$ 2,283.03$ Step 2 62,327$ 5,194$ 29.9648$ 2,397.18$ Step 3 65,443$ 5,454$ 31.4630$ 2,517.04$ Step 4 68,715$ 5,726$ 33.0361$ 2,642.89$ Step 5 72,151$ 6,013$ 34.6879$ 2,775.03$ 1510 Administrative Secretary NE C 20 Step 1 68,715$ 5,726$ 33.0361$ 2,642.89$ Step 2 72,151$ 6,013$ 34.6879$ 2,775.03$ Step 3 75,758$ 6,313$ 36.4223$ 2,913.78$ Step 4 79,546$ 6,629$ 38.2434$ 3,059.47$ Step 5 83,524$ 6,960$ 40.1556$ 3,212.45$ 1500 Executive Assistant to the City Administrator NE C 26 Step 1 92,085$ 7,674$ 44.2716$ 3,541.73$ Step 2 96,689$ 8,057$ 46.4852$ 3,718.81$ Step 3 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 4 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 5 111,930$ 9,327$ 53.8124$ 4,305.00$ Page 2 of 4 City of Vernon Classification and Compensation Plan Confidential, Elected Officials and Unclasified Fiscal Year: 2023-2024 Effective July 2, 2023 Exhibit A CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 1490 Administrative Analyst NE C 26 Step 1 92,085$ 7,674$ 44.2716$ 3,541.73$ Step 2 96,689$ 8,057$ 46.4852$ 3,718.81$ Step 3 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 4 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 5 111,930$ 9,327$ 53.8124$ 4,305.00$ 1535 Administrative Intern NE U Hourly Step 1 18.50$ FINANCE DEPARTMENT 1240 Accountant NE C 22 Step 1 75,758$ 6,313$ 36.4223$ 2,913.78$ Step 2 79,546$ 6,629$ 38.2434$ 3,059.47$ Step 3 83,524$ 6,960$ 40.1556$ 3,212.45$ Step 4 87,700$ 7,308$ 42.1634$ 3,373.07$ Step 5 92,085$ 7,674$ 44.2716$ 3,541.73$ 1230 Accountant, Senior NE C 27 Step 1 96,689$ 8,057$ 46.4852$ 3,718.81$ Step 2 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 3 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 4 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 5 117,526$ 9,794$ 56.5030$ 4,520.24$ 1239 Payroll Analyst NE C 26 Step 1 92,085$ 7,674$ 44.2716$ 3,541.73$ Step 2 96,689$ 8,057$ 46.4852$ 3,718.81$ Step 3 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 4 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 5 111,930$ 9,327$ 53.8124$ 4,305.00$ 1245 Payroll Specialist NE C 19 Step 1 65,443$ 5,454$ 31.4630$ 2,517.04$ Step 2 68,715$ 5,726$ 33.0361$ 2,642.89$ Step 3 72,151$ 6,013$ 34.6879$ 2,775.03$ Step 4 75,758$ 6,313$ 36.4223$ 2,913.78$ Step 5 79,546$ 6,629$ 38.2434$ 3,059.47$ Page 3 of 4 City of Vernon Classification and Compensation Plan Confidential, Elected Officials and Unclasified Fiscal Year: 2023-2024 Effective July 2, 2023 Exhibit A CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD HEALTH AND ENVIRONMENTAL CONTROL DEPARTMENT 2022 Environmental Specialist, Temporary NE U T26 Step 1 92,085$ 7,674$ 44.2716$ 3,541.73$ Step 2 96,689$ 8,057$ 46.4852$ 3,718.81$ Step 3 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 4 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 5 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 6 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 7 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 8 129,573$ 10,798$ 62.2946$ 4,983.57$ 2045 Environmental Health Intern NE U Hourly Step 1 18.50$ HUMAN RESOURCES DEPARTMENT 1425 Human Resources Assistant NE C 17 Step 1 59,359$ 4,947$ 28.5378$ 2,283.03$ Step 2 62,327$ 5,194$ 29.9648$ 2,397.18$ Step 3 65,443$ 5,454$ 31.4630$ 2,517.04$ Step 4 68,715$ 5,726$ 33.0361$ 2,642.89$ Step 5 72,151$ 6,013$ 34.6879$ 2,775.03$ POLICE DEPARTMENT 4035 Police Officer Recruit NE U 20 Step 1 68,715$ 5,726$ 33.0361$ 2,642.89$ Step 2 72,151$ 6,013$ 34.6879$ 2,775.03$ Step 3 75,758$ 6,313$ 36.4223$ 2,913.78$ Step 4 79,546$ 6,629$ 38.2434$ 3,059.47$ Step 5 83,524$ 6,960$ 40.1556$ 3,212.45$ 4145 Reserve Police Officer NE U Stipend Step 1 3,600$ PUBLIC UTILITIES DEPARTMENT 8612 Utilities Strategic Planning Coordinator NE C 30 Step 1 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 2 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 3 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 4 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 5 136,051$ 11,338$ 65.4093$ 5,232.75$ Footnote: {a} - The annual and monthly salaries are reported as whole dollar without the cents ONLY for reporting purposes. Page 4 of 4 City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2023-2024 Effective July 2, 2023 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD PUBLIC UTILITIES DEPARTMENT Electric Operations Division 8035 Electric Operator NE I 30 Step 1 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 2 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 3 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 4 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 5 136,051$ 11,338$ 65.4093$ 5,232.75$ 8032 Electric Operator, Senior NE I 31 Step 1 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 2 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 3 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 4 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 5 142,854$ 11,905$ 68.6798$ 5,494.38$ 8055 Electrical Test Technician NE I 29 Step 1 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 2 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 3 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 4 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 5 129,573$ 10,798$ 62.2946$ 4,983.57$ 8049 Electrical Test Technician, Lead NE I 32 Step 1 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 2 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 3 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 4 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 5 149,997$ 12,500$ 72.1138$ 5,769.11$ 8053 Electrical Test Technician, Senior NE I 31 Step 1 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 2 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 3 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 4 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 5 142,854$ 11,905$ 68.6798$ 5,494.38$ 8050 Metering Technician NE I 29 Step 1 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 2 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 3 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 4 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 5 129,573$ 10,798$ 62.2946$ 4,983.57$ Page 1 of 6 City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2023-2024 Effective July 2, 2023 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8047 Metering Technician, Senior NE I 31 Step 1 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 2 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 3 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 4 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 5 142,854$ 11,905$ 68.6798$ 5,494.38$ 8045 Power Plant Operator NE I 28 Step 1 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 2 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 3 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 4 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 5 123,403$ 10,284$ 59.3282$ 4,746.25$ 8030 Utilities Dispatcher NE I 33 Step 1 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 2 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 3 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 4 149,997$ 12,500$ 72.1138$ 5,769.11$ Step 5 157,497$ 13,125$ 75.7195$ 6,057.56$ 8025 Utilities Dispatcher, Senior NE I 34 Step 1 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 2 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 3 149,997$ 12,500$ 72.1138$ 5,769.11$ Step 4 157,497$ 13,125$ 75.7195$ 6,057.56$ Step 5 165,372$ 13,781$ 79.5055$ 6,360.44$ 8060 Utilities Operations Trainee NE I 23 Step 1 79,546$ 6,629$ 38.2434$ 3,059.47$ Step 2 83,524$ 6,960$ 40.1556$ 3,212.45$ Step 3 87,700$ 7,308$ 42.1634$ 3,373.07$ Step 4 92,085$ 7,674$ 44.2716$ 3,541.73$ Step 5 96,689$ 8,057$ 46.4852$ 3,718.81$ 8031 Utilities Project Coordinator NE I 33 Step 1 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 2 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 3 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 4 149,997$ 12,500$ 72.1138$ 5,769.11$ Step 5 157,497$ 13,125$ 75.7195$ 6,057.56$ Malburg Generation Station Division 8353 Control Room Operator I NE I 29 Step 1 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 2 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 3 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 4 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 5 129,573$ 10,798$ 62.2946$ 4,983.57$ Page 2 of 6 City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2023-2024 Effective July 2, 2023 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8355 Control Room Operator II NE I 31 Step 1 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 2 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 3 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 4 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 5 142,854$ 11,905$ 68.6798$ 5,494.38$ 8340 Control Room Operator, Senior NE I 33 Step 1 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 2 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 3 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 4 149,997$ 12,500$ 72.1138$ 5,769.11$ Step 5 157,497$ 13,125$ 75.7195$ 6,057.56$ 8375 Field Operator I NE I 25 Step 1 87,700$ 7,308$ 42.1634$ 3,373.07$ Step 2 92,085$ 7,674$ 44.2716$ 3,541.73$ Step 3 96,689$ 8,057$ 46.4852$ 3,718.81$ Step 4 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 5 106,600$ 8,883$ 51.2499$ 4,099.99$ 8370 Field Operator II NE I 27 Step 1 96,689$ 8,057$ 46.4852$ 3,718.81$ Step 2 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 3 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 4 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 5 117,526$ 9,794$ 56.5030$ 4,520.24$ 8360 Instrument & Controls Technician NE I 28 Step 1 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 2 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 3 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 4 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 5 123,403$ 10,284$ 59.3282$ 4,746.25$ 8357 Instrument & Controls Technician, Lead NE I 31 Step 1 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 2 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 3 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 4 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 5 142,854$ 11,905$ 68.6798$ 5,494.38$ 8390 Material Control Administrator NE I 22 Step 1 75,758$ 6,313$ 36.4223$ 2,913.78$ Step 2 79,546$ 6,629$ 38.2434$ 3,059.47$ Step 3 83,524$ 6,960$ 40.1556$ 3,212.45$ Step 4 87,700$ 7,308$ 42.1634$ 3,373.07$ Step 5 92,085$ 7,674$ 44.2716$ 3,541.73$ Page 3 of 6 City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2023-2024 Effective July 2, 2023 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8365 Mechanic/Welder NE I 26 Step 1 92,085$ 7,674$ 44.2716$ 3,541.73$ Step 2 96,689$ 8,057$ 46.4852$ 3,718.81$ Step 3 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 4 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 5 111,930$ 9,327$ 53.8124$ 4,305.00$ 8350 Mechanic, Lead NE I 30 Step 1 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 2 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 3 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 4 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 5 136,051$ 11,338$ 65.4093$ 5,232.75$ 8345 Site Safety Administrator/Control Room Operator NE I 32 Step 1 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 2 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 3 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 4 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 5 149,997$ 12,500$ 72.1138$ 5,769.11$ Engineering Division (Public Utilities) 8135 Electrical Engineering Technician NE I 25 Step 1 87,700$ 7,308$ 42.1634$ 3,373.07$ Step 2 92,085$ 7,674$ 44.2716$ 3,541.73$ Step 3 96,689$ 8,057$ 46.4852$ 3,718.81$ Step 4 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 5 106,600$ 8,883$ 51.2499$ 4,099.99$ 8130 Associate Electrical Engineer NE I 30 Step 1 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 2 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 3 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 4 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 5 136,051$ 11,338$ 65.4093$ 5,232.75$ 8125 Electrical Engineer NE I 35 Step 1 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 2 149,997$ 12,500$ 72.1138$ 5,769.11$ Step 3 157,497$ 13,125$ 75.7195$ 6,057.56$ Step 4 165,372$ 13,781$ 79.5055$ 6,360.44$ Step 5 173,640$ 14,470$ 83.4808$ 6,678.47$ Page 4 of 6 City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2023-2024 Effective July 2, 2023 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Gas Division 8215 Gas Systems Specialist NE I 30 Step 1 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 2 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 3 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 4 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 5 136,051$ 11,338$ 65.4093$ 5,232.75$ 8212 Gas Systems Specialist, Lead NE I 32 Step 1 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 2 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 3 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 4 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 5 149,997$ 12,500$ 72.1138$ 5,769.11$ 8220 Gas Systems Technician NE I 26 Step 1 92,085$ 7,674$ 44.2716$ 3,541.73$ Step 2 96,689$ 8,057$ 46.4852$ 3,718.81$ Step 3 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 4 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 5 111,930$ 9,327$ 53.8124$ 4,305.00$ Resource Planning and Scheduling Division 8435 Assistant Resource Scheduler NE I 28 Step 1 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 2 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 3 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 4 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 5 123,403$ 10,284$ 59.3282$ 4,746.25$ 8430 Associate Resource Scheduler NE I 30 Step 1 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 2 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 3 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 4 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 5 136,051$ 11,338$ 65.4093$ 5,232.75$ 8436 Power Resources Settlement Analyst NE I 28 Step 1 101,524$ 8,460$ 48.8094$ 3,904.75$ Step 2 106,600$ 8,883$ 51.2499$ 4,099.99$ Step 3 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 4 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 5 123,403$ 10,284$ 59.3282$ 4,746.25$ Page 5 of 6 City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2023-2024 Effective July 2, 2023 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8431 Power Resources Settlement Analyst, Senior NE I 30 Step 1 111,930$ 9,327$ 53.8124$ 4,305.00$ Step 2 117,526$ 9,794$ 56.5030$ 4,520.24$ Step 3 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 4 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 5 136,051$ 11,338$ 65.4093$ 5,232.75$ 8422 Principal Resource Scheduler/Trader NE I 34 Step 1 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 2 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 3 149,997$ 12,500$ 72.1138$ 5,769.11$ Step 4 157,497$ 13,125$ 75.7195$ 6,057.56$ Step 5 165,372$ 13,781$ 79.5055$ 6,360.44$ 8415 Resource Planner NE I 35 Step 1 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 2 149,997$ 12,500$ 72.1138$ 5,769.11$ Step 3 157,497$ 13,125$ 75.7195$ 6,057.56$ Step 4 165,372$ 13,781$ 79.5055$ 6,360.44$ Step 5 173,640$ 14,470$ 83.4808$ 6,678.47$ 8420 Resource Scheduler NE I 32 Step 1 123,403$ 10,284$ 59.3282$ 4,746.25$ Step 2 129,573$ 10,798$ 62.2946$ 4,983.57$ Step 3 136,051$ 11,338$ 65.4093$ 5,232.75$ Step 4 142,854$ 11,905$ 68.6798$ 5,494.38$ Step 5 149,997$ 12,500$ 72.1138$ 5,769.11$ Footnote: {a} - The annual and monthly salaries are reported as whole dollar without the cents ONLY for reporting purposes. Page 6 of 6 City of Vernon Classification and Compensation Plan Confidential, Elected Officials, and Unclassified Fiscal Year: 2024-2025 Effective July 14, 2024 Exhibit A CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD CITY COUNCIL 1025 Council Member E O 01 32,637$ 2,720$ N/A 1,255.29$ 1030 Mayor E O 01 32,637$ 2,720$ N/A 1,255.29$ Information Technology Division 1625 Information Technology Analyst NE C 26 Step 1 94,848$ 7,904$ 45.5998$ 3,647.98$ Step 2 99,590$ 8,299$ 47.8798$ 3,830.38$ Step 3 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 4 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 5 115,288$ 9,607$ 55.4268$ 4,434.15$ 1620 Information Technology Analyst, Senior NE C 30 Step 1 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 2 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 3 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 4 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 5 140,133$ 11,678$ 67.3716$ 5,389.73$ 1630 Information Technology Technician NE C 20 Step 1 70,777$ 5,898$ 34.0272$ 2,722.18$ Step 2 74,315$ 6,193$ 35.7286$ 2,858.28$ Step 3 78,031$ 6,503$ 37.5150$ 3,001.20$ Step 4 81,933$ 6,828$ 39.3908$ 3,151.26$ Step 5 86,029$ 7,169$ 41.3603$ 3,308.82$ CITY ATTORNEY'S OFFICE 1507 Executive Legal Secretary NE C 23 Step 1 81,933$ 6,828$ 39.3908$ 3,151.26$ Step 2 86,029$ 7,169$ 41.3603$ 3,308.82$ Step 3 90,331$ 7,528$ 43.4283$ 3,474.27$ Step 4 94,848$ 7,904$ 45.5998$ 3,647.98$ Step 5 99,590$ 8,299$ 47.8798$ 3,830.38$ 1495 Legal Administrative Analyst NE C 26 Step 1 94,848$ 7,904$ 45.5998$ 3,647.98$ Step 2 99,590$ 8,299$ 47.8798$ 3,830.38$ Step 3 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 4 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 5 115,288$ 9,607$ 55.4268$ 4,434.15$ Page 1 of 4 City of Vernon Classification and Compensation Plan Confidential, Elected Officials, and Unclassified Fiscal Year: 2024-2025 Effective July 14, 2024 Exhibit A CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD CITY CLERK DEPARTMENT 1320 Records Management Assistant NE C 20 Step 1 70,777$ 5,898$ 34.0272$ 2,722.18$ Step 2 74,315$ 6,193$ 35.7286$ 2,858.28$ Step 3 78,031$ 6,503$ 37.5150$ 3,001.20$ Step 4 81,933$ 6,828$ 39.3908$ 3,151.26$ Step 5 86,029$ 7,169$ 41.3603$ 3,308.82$ ADMINISTRATIVE AND CLERICAL GROUP 1532 Administrative Aide NE U T11 Step 1 45,623$ 3,802$ 21.9342$ 1,754.74$ Step 2 47,904$ 3,992$ 23.0309$ 1,842.48$ Step 3 50,300$ 4,192$ 24.1825$ 1,934.60$ Step 4 52,815$ 4,401$ 25.3916$ 2,031.33$ Step 5 55,455$ 4,621$ 26.6612$ 2,132.89$ 1530 Administrative Assistant, (Confidential)NE C 13 Step 1 50,300$ 4,192$ 24.1825$ 1,934.60$ Step 2 52,815$ 4,401$ 25.3916$ 2,031.33$ Step 3 55,455$ 4,621$ 26.6612$ 2,132.89$ Step 4 58,228$ 4,852$ 27.9942$ 2,239.54$ Step 5 61,139$ 5,095$ 29.3939$ 2,351.52$ 1520 Administrative Assistant, Senior (Confidential)NE C 17 Step 1 61,139$ 5,095$ 29.3939$ 2,351.52$ Step 2 64,196$ 5,350$ 30.8637$ 2,469.09$ Step 3 67,406$ 5,617$ 32.4069$ 2,592.55$ Step 4 70,777$ 5,898$ 34.0272$ 2,722.18$ Step 5 74,315$ 6,193$ 35.7286$ 2,858.28$ 1510 Administrative Secretary NE C 20 Step 1 70,777$ 5,898$ 34.0272$ 2,722.18$ Step 2 74,315$ 6,193$ 35.7286$ 2,858.28$ Step 3 78,031$ 6,503$ 37.5150$ 3,001.20$ Step 4 81,933$ 6,828$ 39.3908$ 3,151.26$ Step 5 86,029$ 7,169$ 41.3603$ 3,308.82$ 1500 Executive Assistant to the City Administrator NE C 26 Step 1 94,848$ 7,904$ 45.5998$ 3,647.98$ Step 2 99,590$ 8,299$ 47.8798$ 3,830.38$ Step 3 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 4 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 5 115,288$ 9,607$ 55.4268$ 4,434.15$ Page 2 of 4 City of Vernon Classification and Compensation Plan Confidential, Elected Officials, and Unclassified Fiscal Year: 2024-2025 Effective July 14, 2024 Exhibit A CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 1490 Administrative Analyst NE C 26 Step 1 94,848$ 7,904$ 45.5998$ 3,647.98$ Step 2 99,590$ 8,299$ 47.8798$ 3,830.38$ Step 3 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 4 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 5 115,288$ 9,607$ 55.4268$ 4,434.15$ 1535 Administrative Intern NE U Hourly Step 1 18.50$ FINANCE DEPARTMENT 1240 Accountant NE C 22 Step 1 78,031$ 6,503$ 37.5150$ 3,001.20$ Step 2 81,933$ 6,828$ 39.3908$ 3,151.26$ Step 3 86,029$ 7,169$ 41.3603$ 3,308.82$ Step 4 90,331$ 7,528$ 43.4283$ 3,474.27$ Step 5 94,848$ 7,904$ 45.5998$ 3,647.98$ 1230 Accountant, Senior NE C 27 Step 1 99,590$ 8,299$ 47.8798$ 3,830.38$ Step 2 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 3 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 4 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 5 121,052$ 10,088$ 58.1982$ 4,655.86$ 1239 Payroll Analyst NE C 26 Step 1 94,848$ 7,904$ 45.5998$ 3,647.98$ Step 2 99,590$ 8,299$ 47.8798$ 3,830.38$ Step 3 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 4 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 5 115,288$ 9,607$ 55.4268$ 4,434.15$ 1245 Payroll Specialist NE C 19 Step 1 67,406$ 5,617$ 32.4069$ 2,592.55$ Step 2 70,777$ 5,898$ 34.0272$ 2,722.18$ Step 3 74,315$ 6,193$ 35.7286$ 2,858.28$ Step 4 78,031$ 6,503$ 37.5150$ 3,001.20$ Step 5 81,933$ 6,828$ 39.3908$ 3,151.26$ Page 3 of 4 City of Vernon Classification and Compensation Plan Confidential, Elected Officials, and Unclassified Fiscal Year: 2024-2025 Effective July 14, 2024 Exhibit A CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD HEALTH AND ENVIRONMENTAL CONTROL DEPARTMENT 2022 Environmental Specialist, Temporary NE U T26 Step 1 94,848$ 7,904$ 45.5998$ 3,647.98$ Step 2 99,590$ 8,299$ 47.8798$ 3,830.38$ Step 3 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 4 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 5 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 6 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 7 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 8 133,460$ 11,122$ 64.1635$ 5,133.08$ 2045 Environmental Health Intern NE U Hourly Step 1 18.50$ HUMAN RESOURCES DEPARTMENT 1425 Human Resources Assistant NE C 17 Step 1 61,139$ 5,095$ 29.3939$ 2,351.52$ Step 2 64,196$ 5,350$ 30.8637$ 2,469.09$ Step 3 67,406$ 5,617$ 32.4069$ 2,592.55$ Step 4 70,777$ 5,898$ 34.0272$ 2,722.18$ Step 5 74,315$ 6,193$ 35.7286$ 2,858.28$ POLICE DEPARTMENT 4035 Police Officer Recruit NE U 20 Step 1 70,777$ 5,898$ 34.0272$ 2,722.18$ Step 2 74,315$ 6,193$ 35.7286$ 2,858.28$ Step 3 78,031$ 6,503$ 37.5150$ 3,001.20$ Step 4 81,933$ 6,828$ 39.3908$ 3,151.26$ Step 5 86,029$ 7,169$ 41.3603$ 3,308.82$ 4145 Reserve Police Officer NE U Stipend Step 1 3,600$ PUBLIC UTILITIES DEPARTMENT 8612 Utilities Strategic Planning Coordinator NE C 30 Step 1 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 2 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 3 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 4 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 5 140,133$ 11,678$ 67.3716$ 5,389.73$ Footnote: {a} - The annual and monthly salaries are reported as whole dollar without the cents ONLY for reporting purposes. Page 4 of 4 City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2024-2025 Effective July 14, 2024 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD PUBLIC UTILITIES DEPARTMENT Electric Operations Division 8035 Electric Operator NE I 30 Step 1 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 2 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 3 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 4 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 5 140,133$ 11,678$ 67.3716$ 5,389.73$ 8032 Electric Operator, Senior NE I 31 Step 1 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 2 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 3 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 4 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 5 147,140$ 12,262$ 70.7402$ 5,659.22$ 8055 Electrical Test Technician NE I 29 Step 1 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 2 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 3 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 4 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 5 133,460$ 11,122$ 64.1635$ 5,133.08$ 8049 Electrical Test Technician, Lead NE I 32 Step 1 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 2 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 3 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 4 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 5 154,497$ 12,875$ 74.2772$ 5,942.18$ 8053 Electrical Test Technician, Senior NE I 31 Step 1 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 2 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 3 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 4 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 5 147,140$ 12,262$ 70.7402$ 5,659.22$ 8050 Metering Technician NE I 29 Step 1 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 2 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 3 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 4 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 5 133,460$ 11,122$ 64.1635$ 5,133.08$ Page 1 of 6 City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2024-2025 Effective July 14, 2024 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8047 Metering Technician, Senior NE I 31 Step 1 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 2 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 3 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 4 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 5 147,140$ 12,262$ 70.7402$ 5,659.22$ 8045 Power Plant Operator NE I 28 Step 1 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 2 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 3 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 4 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 5 127,105$ 10,592$ 61.1081$ 4,888.65$ 8030 Utilities Dispatcher NE I 33 Step 1 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 2 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 3 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 4 154,497$ 12,875$ 74.2772$ 5,942.18$ Step 5 162,222$ 13,518$ 77.9911$ 6,239.29$ 8025 Utilities Dispatcher, Senior NE I 34 Step 1 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 2 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 3 154,497$ 12,875$ 74.2772$ 5,942.18$ Step 4 162,222$ 13,518$ 77.9911$ 6,239.29$ Step 5 170,333$ 14,194$ 81.8907$ 6,551.25$ 8060 Utilities Operations Trainee NE I 23 Step 1 81,933$ 6,828$ 39.3908$ 3,151.26$ Step 2 86,029$ 7,169$ 41.3603$ 3,308.82$ Step 3 90,331$ 7,528$ 43.4283$ 3,474.27$ Step 4 94,848$ 7,904$ 45.5998$ 3,647.98$ Step 5 99,590$ 8,299$ 47.8798$ 3,830.38$ 8031 Utilities Project Coordinator NE I 33 Step 1 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 2 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 3 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 4 154,497$ 12,875$ 74.2772$ 5,942.18$ Step 5 162,222$ 13,518$ 77.9911$ 6,239.29$ Malburg Generation Station Division 8353 Control Room Operator I NE I 29 Step 1 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 2 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 3 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 4 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 5 133,460$ 11,122$ 64.1635$ 5,133.08$ Page 2 of 6 City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2024-2025 Effective July 14, 2024 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8355 Control Room Operator II NE I 31 Step 1 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 2 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 3 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 4 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 5 147,140$ 12,262$ 70.7402$ 5,659.22$ 8340 Control Room Operator, Senior NE I 33 Step 1 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 2 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 3 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 4 154,497$ 12,875$ 74.2772$ 5,942.18$ Step 5 162,222$ 13,518$ 77.9911$ 6,239.29$ 8375 Field Operator I NE I 25 Step 1 90,331$ 7,528$ 43.4283$ 3,474.27$ Step 2 94,848$ 7,904$ 45.5998$ 3,647.98$ Step 3 99,590$ 8,299$ 47.8798$ 3,830.38$ Step 4 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 5 109,798$ 9,150$ 52.7875$ 4,223.00$ 8370 Field Operator II NE I 27 Step 1 99,590$ 8,299$ 47.8798$ 3,830.38$ Step 2 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 3 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 4 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 5 121,052$ 10,088$ 58.1982$ 4,655.86$ 8360 Instrument and Controls Technician NE I 28 Step 1 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 2 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 3 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 4 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 5 127,105$ 10,592$ 61.1081$ 4,888.65$ 8357 Instrument and Controls Technician, Lead NE I 31 Step 1 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 2 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 3 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 4 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 5 147,140$ 12,262$ 70.7402$ 5,659.22$ 8390 Material Control Administrator NE I 22 Step 1 78,031$ 6,503$ 37.5150$ 3,001.20$ Step 2 81,933$ 6,828$ 39.3908$ 3,151.26$ Step 3 86,029$ 7,169$ 41.3603$ 3,308.82$ Step 4 90,331$ 7,528$ 43.4283$ 3,474.27$ Step 5 94,848$ 7,904$ 45.5998$ 3,647.98$ Page 3 of 6 City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2024-2025 Effective July 14, 2024 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8365 Mechanic/Welder NE I 26 Step 1 94,848$ 7,904$ 45.5998$ 3,647.98$ Step 2 99,590$ 8,299$ 47.8798$ 3,830.38$ Step 3 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 4 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 5 115,288$ 9,607$ 55.4268$ 4,434.15$ 8350 Mechanic, Lead NE I 30 Step 1 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 2 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 3 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 4 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 5 140,133$ 11,678$ 67.3716$ 5,389.73$ 8345 Site Safety Administrator/Control Room Operator NE I 32 Step 1 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 2 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 3 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 4 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 5 154,497$ 12,875$ 74.2772$ 5,942.18$ Engineering Division (Public Utilities) 8135 Electrical Engineering Technician NE I 25 Step 1 90,331$ 7,528$ 43.4283$ 3,474.27$ Step 2 94,848$ 7,904$ 45.5998$ 3,647.98$ Step 3 99,590$ 8,299$ 47.8798$ 3,830.38$ Step 4 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 5 109,798$ 9,150$ 52.7875$ 4,223.00$ 8130 Associate Electrical Engineer NE I 30 Step 1 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 2 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 3 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 4 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 5 140,133$ 11,678$ 67.3716$ 5,389.73$ 8125 Electrical Engineer NE I 35 Step 1 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 2 154,497$ 12,875$ 74.2772$ 5,942.18$ Step 3 162,222$ 13,518$ 77.9911$ 6,239.29$ Step 4 170,333$ 14,194$ 81.8907$ 6,551.25$ Step 5 178,849$ 14,904$ 85.9852$ 6,878.82$ Page 4 of 6 City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2024-2025 Effective July 14, 2024 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Gas Division 8215 Gas Systems Specialist NE I 30 Step 1 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 2 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 3 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 4 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 5 140,133$ 11,678$ 67.3716$ 5,389.73$ 8212 Gas Systems Specialist, Lead NE I 32 Step 1 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 2 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 3 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 4 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 5 154,497$ 12,875$ 74.2772$ 5,942.18$ 8220 Gas Systems Technician NE I 26 Step 1 94,848$ 7,904$ 45.5998$ 3,647.98$ Step 2 99,590$ 8,299$ 47.8798$ 3,830.38$ Step 3 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 4 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 5 115,288$ 9,607$ 55.4268$ 4,434.15$ Resource Planning and Scheduling Division 8435 Assistant Resource Scheduler NE I 28 Step 1 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 2 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 3 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 4 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 5 127,105$ 10,592$ 61.1081$ 4,888.65$ 8430 Associate Resource Scheduler NE I 30 Step 1 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 2 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 3 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 4 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 5 140,133$ 11,678$ 67.3716$ 5,389.73$ 8436 Power Resources Settlement Analyst NE I 28 Step 1 104,569$ 8,714$ 50.2738$ 4,021.90$ Step 2 109,798$ 9,150$ 52.7875$ 4,223.00$ Step 3 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 4 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 5 127,105$ 10,592$ 61.1081$ 4,888.65$ Page 5 of 6 City of Vernon Classification and Compensation Plan International Brotherhood of Electrical Workers (IBEW) Fiscal Year: 2024-2025 Effective July 14, 2024 Exhibit C CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 8431 Power Resources Settlement Analyst, Senior NE I 30 Step 1 115,288$ 9,607$ 55.4268$ 4,434.15$ Step 2 121,052$ 10,088$ 58.1982$ 4,655.86$ Step 3 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 4 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 5 140,133$ 11,678$ 67.3716$ 5,389.73$ 8422 Principal Resource Scheduler/Trader NE I 34 Step 1 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 2 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 3 154,497$ 12,875$ 74.2772$ 5,942.18$ Step 4 162,222$ 13,518$ 77.9911$ 6,239.29$ Step 5 170,333$ 14,194$ 81.8907$ 6,551.25$ 8415 Resource Planner NE I 35 Step 1 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 2 154,497$ 12,875$ 74.2772$ 5,942.18$ Step 3 162,222$ 13,518$ 77.9911$ 6,239.29$ Step 4 170,333$ 14,194$ 81.8907$ 6,551.25$ Step 5 178,849$ 14,904$ 85.9852$ 6,878.82$ 8420 Resource Scheduler NE I 32 Step 1 127,105$ 10,592$ 61.1081$ 4,888.65$ Step 2 133,460$ 11,122$ 64.1635$ 5,133.08$ Step 3 140,133$ 11,678$ 67.3716$ 5,389.73$ Step 4 147,140$ 12,262$ 70.7402$ 5,659.22$ Step 5 154,497$ 12,875$ 74.2772$ 5,942.18$ Footnote: {a} - The annual and monthly salaries are reported as whole dollar without the cents ONLY for reporting purposes. Page 6 of 6 City Council Agenda Item Report Submitted by: Mark Aumentado Submitting Department: Public Utilities Meeting Date: August 2, 2022 SUBJECT Construction Contract with J.D.M.L., Inc. dba Standard Industries for Pumping Plant Demolition and Site Improvements Recommendation: A. Find that the proposed action is categorically exempt from California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines Section 15301, because the project consists of the maintenance, repair or minor alteration of existing facilities including the demolition and removal of individual small structures, and involves negligible or no expansion of an existing use; B. Accept the bid from J.D.M.L., Inc. dba Standard Industries (Standard Industries) as the lowest responsive and responsible bidder and reject all other bids; C. Approve and authorize the City Administrator to execute a Construction Contract with Standard Industries in substantially the same form as submitted, in an amount not-to- exceed $397,613 for Pumping Plant Demolition and Site Improvements; and D. Authorize a contingency amount of $40,000 in the event of unforeseen changes in the project and grant authority to the City Administrator to issue Change Orders for an amount up to the contingency amount, if necessary. Background: Vernon Public Utilities (VPU) has recently completed a major rehabilitation at Well 20, located at 4755 District Boulevard. The property also sites two 500,000-gallon steel reservoirs and a pump house building. The reservoirs and pump house building are in disrepair and have become obsolete. They have not been in service for at least 30 years and have been disconnected from the potable water distribution system. Due to the lack of available space and the shape of the property, the City has not been able to utilize this space for anything other than its current capacity. In order to protect the recent investment into the property and prepare for future uses, VPU developed plans and specifications for the Pumping Plant Demolition and Site Improvements (Project). The scope includes demolishing the dilapidated structures, grading the property, and installing a more robust security perimeter fence system as this property backs onto the train tracks and has fallen victim to vandalism and theft in the recent past. On June 2, 2022, the City Administrator authorized issuance of a Request for Bids (RFB) to seek bids from contractors for the Project. In accordance with Vernon Municipal Code (VMC) Section 3.32.120, the RFB was posted on the City’s Planet Bids website and published in the local newspaper. Additionally, staff sent the RFB directly to five vendors. As a result of the outreach efforts, five bids were received and opened on the June 28, 2022 bid deadline. The calculated bid opening results are as follows: 1. J.D.M.L., Inc. dba Standard Industries $397,613 2. MCM Construction, Inc. $498,243 3. VICON Enterprises, Inc. $499,200 4. American Integrated Services, Inc. $457,100* 5. Canyon Springs Enterprises $485,000* Each bid was examined by a panel in which an evaluation of each bid was made based on cost and references. *The bids received from American Integrated Services, Inc. and Canyon Springs Enterprises were deemed nonresponsive due to representatives not attending the mandatory pre-bid meeting held on June 15, 2022. After further evaluation of the bid from J.D.M.L., Inc. dba Standard Industries (Standard Industries), their bid was deemed the lowest responsive and responsible bidder for the Project. Staff recommends City Council award the proposed construction contract with Standard Industries in the amount of $397,613; recommends a contingency amount of $40,000 in the event of unexpected changes in Project Conditions or to accommodate additional required work, for a potential total cost not to exceed $437,613. Given the magnitude, scope and complexity of the Project, a contingency of ten percent (10%) of the total contract amount is within a typical range for the size and scope of the Project and will enable staff to authorize any necessary work to meet the Project objectives with minimal impact to the Project timeline. The Project is included in the Water System Revenue Bonds, 2020 Series A and will be funded with bond proceeds. The proposed construction contract has been reviewed and approved as to form by the City Attorney’s Office. Fiscal Impact: Sufficient funds for the construction contract are available in Water Fund Account No. 020.1084.900000. Attachments: 1. Construction Contract with J.D.M.L., Inc. dba Standard Industries Page 1 of 121 CONSTRUCTION CONTRACT BETWEEN CITY AND CONTRACTOR This Agreement is made and entered into at Vernon, California this day of , 20 ___, by and between the CITY OF VERNON, a chartered municipal corporation (hereinafter "City") and J.D.M.L., Inc. dba Standard Industries, a California corporation (hereinafter "Contractor"), for construction of Pumping Plant Demolition and Site Improvements, City Contract No. LP-0737. THE PARTIES HERETO AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS The “Contract Documents” except for modifications issued after execution of this Agreement, shall consist of the following documents which are either attached hereto as exhibits or are incorporated into this Agreement by this reference, with the same force and effect as if set forth at length herein: A. Governmental Approvals including, but not limited to, permits required for the Work B. This Agreement C. Exhibit A – General Conditions D. Exhibit B – Special Provisions Specific for this Project E. Exhibit C – Equal Employment Opportunity Practices Provisions F. Notice Inviting Bids G. Instructions to Bidders H. Bid Forms I. Designation of Subcontractors J. Bidding Addenda Nos. 1 2. REFERENCE DOCUMENTS The following Reference Documents are not considered Contract Documents and were provided to the Contractor for informational purposes. Contractor may rely upon the technical data contained in such documents but not upon non - technical data, interpretations, opinions or provisional statements contained therein: Page 2 of 121 3. SCOPE OF WORK Within the Contract Time and for the stated Contract Sum, subject to adjustments thereto, and pursuant to the Contract Documents, the Contractor shall perform and provide all necessary: labor; services; supervision; materials; tools; equipment; apparatus; facilities; supplies; tools; permits, inspections, plan checks, and similar Governmental Approvals; temporary utilities; utility connections; and transportation necessary to complete the Work in strict conformity with the Contract Documents for: Pumping Plant Demolition and Site Improvements City Contract No. LP-0737 4. TIME FOR PERFORMANCE Contract Time. Contractor shall achieve Substantial Completion of the Work within one hundred (100) calendar days from the Date of Commencement established in City’s written Notice to Proceed (“Contract Time”), subject to adjustment in accordance with the Contract Documents. Contractor shall achieve Final Completion of the Work, within the time established by the Certificate of Substantial Completion issued by the City. The Contract Time may only be adjusted as permitted by this Construction Contract and the General Conditions. Time is of the essence of this Agreement. Except when the Contract Documents state otherwise, time is of the essence in the performance of the Work. Contractor acknowledges that the time limits and deadlines set forth in the Contract Documents are reasonable for Contractor to perform and complete the Work. Liquidated Damages. If Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time for Substantial Completion, Contractor shall pay City as liquidated damages the amount of five hundred dollars ($500.00) per day for each calendar day occurring after the expiration of the Contract Time for Substantial Completion until Contractor achieves Substantial Completion of the entire Work, as required by Article 3 of the General Conditions of Contract. Contractor Initial here: _________. Page 3 of 121 5. CONTRACT SUM In consideration of the Contractor’s full, complete, timely, and faithful performance of the Work required by the Contract Documents, City shall pay Contractor the sum of three hundred ninety-seven thousand six hundred and thirteen dollars ($397,613), payable as set forth in the General Conditions (“Contract Sum”). IN WITNESS WHEREOF, the parties have caused this Contract to be executed the date and year first above written. Executed at ___________________, California. J.D.M.L., Inc. dba Standard Industries: By: _______________________________________ An Authorized Signatory Printed Name: ______________________________ Title: ______________________________________ Date: ______________________________________ J.D.M.L., Inc. dba Standard Industries: By: _______________________________________ An Authorized Signatory Printed Name: ______________________________ Title: ______________________________________ Date: ______________________________________ /// /// /// /// /// /// /// Contractor’s Corporate Seal Page 4 of 121 CITY OF VERNON: APPROVED AS TO FORM: By: By: Name: Name: Zaynah N. Moussa Title: Title: City Attorney Date: ATTEST: By: Name: Lisa Pope Title: City Clerk CONTRACTOR’S SIGNATURE MUST BE NOTARIZED Page 5 of 121 EXHIBIT A GENERAL CONDITIONS ARTICLE 1 - PRELIMINARY PROVISIONS 1.01 DEFINITIONS The following words shall have the following meanings: A. Allowance. A line item cost estimate established by the City to be carried in the Base Bid sum, Contract Sum, and Schedule of Values for Payment for a particular item of Work, which cannot be sufficiently defined so as to allow the Contractor to adequately determine fair value before the Bid Deadline. Allowances include estimated amounts established by the City for certain construction elements that have not yet been fully designed or authorized for inclusion in the Work or to permit deferred approval or selection of actual materials and equipment to a later date when additional information is available for evaluation. B. As-Builts. The documents prepared by Contractor showing the condition of the Work as actually built, including, without limitation, all changes and the exact locations of all mechanical, electrical, plumbing, HVAC or other portions of the Work that are shown diagrammatically in the Contract Documents. C. Base Bid. The total sum stated in the Bid Form for which the Bidder offers to perform Work described in the Contract Documents as the base Contract Work (e.g. not designated as part of a Bid Alternate). D. Bid. A complete and properly executed offer by the Bidder on City-prescribed forms to perform the Work for the prices stated in response to the Notice Inviting Bids. E. Bid Alternate. An item of Work described in the Contract Documents as an Alternate Bid that will be added to or deducted from the Base Bid and the Contractor’s responsibility only if the City accepts the Bid Alternate. F. Bid Forms: The City-prescribed forms which the Bidder shall complete and use to submit a Bid. The Bid Forms include: (1) Bidder’s Proposal; (2) Schedule of Bid Prices; (3) Incumbency Certificate; (4) Bid Bond; (5) Bidder’s Statement of Qualifications; (6) Experience Form; (7) Trades Experience Form; (8) Contractor Safety Questionnaire; (9) Designation of Subcontractors; (10) Affidavit of Non- Collusion; (11) Insurance Requirements Affidavit; and (12) forms included in the Specification required by the type of project funding (e.g. federal, ARRA, HUD, etc.). G. Bidder. The individual, partnership, firm, corporation, joint venture or other legal entity submitting a bid on these Contract Documents or any part thereof. H. Bidding Documents. Bidding Documents include the Bidding Requirements and the proposed Contract Documents. The Bidding Requirements consist of: (1) Notice Inviting Bids; (2) Instructions to Bidders; and (3) Bid Forms. The proposed Contract Documents consist of: (1) the Bidding Requirements; (2) the Construction Contract Between City and Contractor; (3) the Conditions of the Contract (General, Supplementary, and Special, if applicable); (4) all Exhibits to the Contract; (5) the Drawings; (6) the Specifications; (7) all Addenda issued prior to the execution of the Construction Contract; (8) all Modifications issued after the execution of the Construction Contract; and (9) Governmental Approvals, if any, including but not limited to, permits. Page 6 of 121 I. Change Order. A Change Order is a written document prepared by the City reflecting the agreement between the City and Contractor for: a change in the terms or conditions of the Contract, if any; a specific Scope Change in the Work; the amount of the adjustment, if any, in the Co ntract Sum; and the extent of the adjustment, if any, in the Contract Time. J. Change Order Request (COR). A Change Order Request is a written document originated by the Contractor, which describes an instruction issued by the City after the effective date of the Contract, which Contractor believes to be a scope change that may result in changes to the Contract Sum or Contract Time or, which describes the need for or desirability of a change in the Work proposed by Contractor. K. City or Owner. The City of Vernon, California, acting through its City Council or other City officials authorized to act for the City, acting in its proprietary rather than regulatory capacity in connection with the Project. L. Construction Change Directive. A written order prepared and signed by the City directing a change in Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. M. Contract Documents. The Contract Documents are enumerated in the Construction Contract between City and Contractor and consist of: (1) the Bidding Requirements; (2) the Construction Contract; (3) the Conditions of the Contract (General, Supplementary, and Special, if applicable); (4) all Exhibits to the Contract; (5) the Drawings; (6) the Specifications; (7) all Addenda issued prior to the execution of the Contract; (8) all Modifications issued after the execution of the Contract; and (9) Governmental Approvals, including, but not limited to, permits. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. N. Contract. The Contract Documents form the Contract for Construction. The Contract Represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified on by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than the Owner and the Contractor. There shall be no third party beneficiaries of the Contract Documents. O. Contract Sum. The total amount of compensation stated in the Construction Contract that is payable to Contractor for the complete performance of the Work in accordance with the Contract Documents. P. Contract Time. The total number of days set forth in the Construction Contact within which Substantial Completion of the Work must be achieved beginning with the Date of Commencement established in the Notice to Proceed, subject to adjustments in accordance with the terms of the Contract Documents. The Contract Time for Contractor's performance of the Work is measured in calendar days (not work days). Q. Contractor. The individual, partnership, firm, corporation, joint venture or other legal entity with whom the Contract is made by City, or the agent or legal representative who may be appointed to represent such individual, partnership, firm, corporation, joint venture or other legal entity in the execution of the Contract as general contractor for construction of the Work. Page 7 of 121 R. Correction Period. Correction Period is synonymous with the terms of the correction guarantee period used in the Contract Documents. S. Date of Commencement. The date for commencement of the Work fixed by City in a Notice to Proceed to Contractor. T. Day. The terms “day” or “days” mean calendar days unless otherwise specifically designated in the Contract Documents. The term “Work Day” or “Working Day” shall mean any calendar day except Saturdays, Sundays and City recognized legal holidays. City Holidays are as follows: 1. January 1st – New Year’s Day 2. The 3rd Monday in January – Martin Luther King, Jr. Day 3. The 3rd Monday in February – Presidents Day 4. March 31st – Cesar Chavez Day 5. The last Monday in May – Memorial Day 6. July 4th – Independence Day 7. The first Monday in September – Labor Day 8. The second Monday in October – Indigenous Peoples’ Day 9. November 11th – Veterans Day 10. The 4th Thursday in November – Thanksgiving Day 11. December 24th – Christmas Eve 12. December 25th – Christmas Day 13. December 31st – New Year’s Eve U. Director. The General Manager of the Public Utilities Department of the City of Vernon or his/her duly appointed representative. V. Drawings. The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location, and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams. W. Extra Work. New or unforeseen work will be classified as Extra Work when determined by the City that the work is not described in, or reasonably inferable from, the Contract Documents, the work is not covered by any Bid line item or Allowance, and the work causes Contractor to incur additional and unforeseen costs. X. Field Directive. See, “Work Directive.” Y. Final Completion. Final Completion is the stage of performance of the Work when (1) all Work required by the Contract Documents has been fully completed in compliance with the Contract Documents and all applicable laws including, but not limited to, correction or completion of all punch list items noted by City upon Substantial Completion; (2) Contractor has delivered to City an Application for Final Payment and all closeout documentation required by the Contract Documents; and (3) documentation of all final Governmental Approvals has been submitted to City including, but not limited to a final Certificate of Occupancy or equivalent Building Department sign -off has been issued covering the entire Project site without exception or conditions. Z. Force Majeure. “Force Majeure” includes but is not limited to declared or undeclared war, sabotage, insurrection, riot, or other acts of civil disobedience, labor disputes, fires, explosions, floods, earthquakes or other acts of God. Page 8 of 121 AA. Fragnet. The sequence of new activities that are proposed to be added to an existing schedule. BB. Governmental Approval. Any approval, authorization, inspection, certification, consent, exemption, filing, permit, registration, plan check, ruling or similar authorization required by any federal, state or local law, regulation or procedures in order for Contractor to perform the Work. CC. Guarantee. Assurance to City by Contractor or product manufacturer or other specified party, as guarantor, that the specified warranty will be fulfilled by the guarantor in the event of default by the warrantor. DD. Modification. A Modification is: (1) a written amendment to Contract signed by both parties; (2) a Change Order; or (3) a Construction Change Directive. EE. Notice to Proceed. The Notice to Proceed is a document issued by the City fixing the date for Commencement for the Work. FF. Parties. The City and Contractor may be referred to in the Contract Documents from time to time as the Parties. GG. Permit Fees. The actual direct costs paid by Contractor for Governmental Approvals and Utility Fees. HH. Permit Fees Reimbursement. A payment made to the Contractor by the City in addition to the Contract Sum to compensate Contractor for the actual direct cost of all Permit Fees. II. Project. The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the City or by separate contractors. JJ. Project Manual/Contract Package. The volumes of Contract Documents and reference documents assembled for the Work made available to Bidders. KK. Record Documents. The Drawings, Specifications, addenda, requests for information, bulletins, Change Orders and other modifications to the Contract Documents, approved shop drawings, product data, samples, mock-ups, permits, inspection reports, test results, daily logs, schedules, subcontracts, and purchase orders. Records Documents shall include a set of “As -Built” Drawings and Specifications, which shall be continuously updated during the prosecution of the Work. LL. Site. The physical area designated in the Contract Documents for Contractor's performance of the Work. MM. Specifications. The Specifications are the volume(s) assembled for the Work that includes, without limitation, the Bidding Documents, the Construction Contract and Exhibits, the General Conditions, Supplementary and/or Special Conditions, if any, the “GREENBOOK” STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (2012 Edition), the Standard Plans for Public Works Construction (2009 Edition), State of California, Department of Transportation Standard Plans and Standard Specifications (2010 Edition), and the City of Vernon Standard Plans. NN. Specifications. The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards, and workmanship for the Work Page 9 of 121 and performance of related services, including, but not limited to, the Project Technical Specifications, Standard Specifications, if any, and any applicable Trade Association Specifications. OO. Substantial Completion. Substantial Completion is defined to mean the stage in the progress of the Work when the Work is sufficiently complete in accordance with the Contract Documents as determined by the City so that the City can occupy and utilize the Work for it s intended use and as further defined in the Contract Documents. PP. Unilateral Change Order. See “Work Directive.” QQ. Utility Fees. The fees charged by any public, private, cooperative, municipal and/or government line, facility or system used for the carriage, transmission and/or distribution of cable television, electric power, telephone, water, gas, oil, petroleum, steam, chemicals, sewage, storm water or similar commodity including, but not limited to fees for temporary utilities and refuse hauling. RR. Warranty. Assurance to City by contractor, installer, supplier, manufacturer or other party responsible as warrantor, for the quantity, quality, performance and other representations of a product, system service of the Work. SS. Work. The term "Work" means the construction and other services required by, and reasonably inferable from the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. TT. Work Directive. A Work Directive is a unilateral written order issued by the City directing Contractor to continue performance of the Work or to perform a disputed change in the Work prior to agreement or adjustment, if any, in the Contract Sum, Contract Time, or both. 1.02 REPRESENTATIVES A. The Director shall be the representative of the City and, except as otherwise expressly provided herein, shall make all decisions and interpretations to be made by the City under the provisions of the Contract Documents. B. The Contractor shall at all times be represented on the Work in person or by a duly designated agent. Instructions and information given by the Director to the Contractor's agent on the Work shall be considered as having been given to the Contractor. 1.03 PERMITS, INSPECTIONS, PLAN CHECKS, AND SIMILAR GOVERNMENTAL APPROVALS AND UTILITIES A. Except as otherwise provided in the Notice Inviting Bids, the Contractor shall apply for, obtain, and pay for all permits including, but not limited to, building or structure permits, plumbing system permits, mechanical system permits, electrical system permits, structural system permits, demolition permits, excavation permits, street use permits, driveway permits, sidewalk, curb, sewer, gutter, crosswalk, paving or other street work grading permits, street/utility use permits, OSHA permits, fire sprinkler permits, fence permits, blasting permits, landscaping/irrigation permits, and permits to demolish, remove, or make major alterations to any designated historic resource; inspections; and plan checks obtained after the Date of Commencement of the Work. The Notice Inviting Bids contains a list of permits and other Governmental Approvals and Utility Fees obtained and paid for by the City prior to the Date of Commencement; Contractor is responsible for obtaining all Governmental Approvals and Page 10 of 121 Utility Fees not listed in the Notice Inviting Bids. B. The City will reimburse Contractor monthly for the documented actual direct cost paid to governmental agencies or utilities for all Permit Fees according to the payment provisions of the Contract Documents after submission to the City of the Contractor’s and/or Subcontractors’ original receipts from the governmental entities or utilities (“Permit Fee Reimbursement”). Contractor shall deliver the original receipt to the City’s Project Manager with each permit. All Permit Fees shall be separately itemized in each Application for Payment and copies of the receipt(s) and permit(s) must be attached. The Base Bid sum / Contract Sum shall include the cost of administration and coordination for all Governmental Approvals and Utility Fees. C. All documents evidencing Contractor’s satisfaction with all Governmental Approvals and Utility Fees must be submitted to the City prior to submission of the Application for Final Payment. D. Where requirements of the Governmental Approvals differ from those of the Drawings and Specifications, the more stringent requirements shall apply. E. Unless otherwise specified in the Contract Documents, Contractor shall be responsible for payments of all Utility Fees from the Date of Commencement until City’s Final Acceptance of the Work. 1.04 LICENSES The Contractor shall apply for, obtain, and pay for all licenses required by governing authorities for the Work. Contractor shall apply and pay for a City of Vernon business license. 1.05 ALLOWANCES A. Contractor shall include in the Contract Sum and Schedule of Values for Payment, the City’s estimated cost established for each Work item covered by an Allowance stated in the Contract Documents. See Paragraph 1.01 for definition of Allowance. B. The line item cost estimate established by the City for Work covered by an Allowance includes the cost to Contractor of: all materials and equipment, preparation of submittals; labor; transportation; delivery; handling; installation; supervision; overhead; profit; licenses; bonds; insurance; all sales, use and other taxes legally chargeable; and all other costs and expenses incidental to such Work. C. Work items covered by Allowances shall be supplied with such materials and equipment and for such prices approved in advance by City. Contractor shall notify and request City’s approval of material equipment, and pricing information for Work covered by an Allowance before ordering the material or equipment and in sufficient time to avoid delay to the Work. City shall provide approval of materials, equipment, and prices with reasonable promptness. The material, equipment, and pricing information submitted by the Contractor to the City’s Project Manager shall, at a minimum, include product data and detailed costs of material, equipment, and labor to complete such Work, itemized by costs incurred by Contractor and each subcontractor associated with the performance of such Work. Contractor shall Page 11 of 121 not order materials or equipment or proceed with Work covered by an Allowance until the material, equipment, and pricing information for such Work items have been submitted to the City’s Project Representative for review and the Contractor has received City’s approval to proceed with a Work item covered by an Allowance. D. All expenditures for Allowance Work shall be separately itemized in each Application for Payment. E. To the extent that the cost of Work items covered by an Allowance is less than the Allowance cost estimate established by the City, the Contact Sum shall be reduced by Change Order or Construction Change Directive to reflect the actual cost of the Allowance item. Similarly, to the extent the cost of Work items covered by an Allowance is greater than the Allowance cost estimate, the Contract Sum shall be increased by Change Order or Construction Change Directive to reflect the actual cost of the Allowance item. If Work items covered by an Allowance are not performed or the City deletes such items from the Scope of Work, the Contract Sum shall be reduced by Change Order or Construction Change Directive to deduct the Cost of the unused Allowance item. 1.06 WAIVER A waiver by City of any breach of any term, covenant, or condition contained in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained therein, whether of the same or a different character. 1.07 DATA TO BE FURNISHED BY THE CONTRACTOR The Contractor shall furnish the Director with such information as the Director may desire respecting the character of the materials and the progress and manner of the Work, including all information necessary to determine the Contractor’s costs, such as the number of persons employed, their pay, the time during which they worked on the various classes of construction, and other pertinent data. 1.08 CONTRACT DRAWINGS The City will accept no responsibility for errors resulting from misinterpretation or scaling of the Drawings. 1.09 SPECIFICATIONS AND DRAWINGS A. The Contractor shall keep on the Work Site a copy of all Specifications, Drawings, and Change Orders pertaining to the Work and shall at all times give the Director access thereto. Anything mentioned in the Specifications and not shown on the Drawings or shown on the Drawings and not mentioned in the Specifications shall be of like effect as though shown or mentioned in both. B. In general, the Drawings will show dimensions, positions, and kind of construction; and the Specifications will define materials, quality, and standards. Any Work not particularly detailed, marked or specified, shall be the same as similar parts that are detailed, marked or specified. C. The Drawings shall not be scaled to determine dimensions, and in all cases shall be calculated from figures shown on the Drawings. Any discrepancies between scale and figured dimensions, not marked “not to scale,” must be brought to the Director’s attention before proceeding with the Work affected by the discrepancy. D. Omissions from the Drawings and/or Specifications shall not relieve the Contractor from the Page 12 of 121 responsibility of furnishing, making, or installing all items required by law or code, or usually furnished, made or installed in a project of the scope and general character indicated by the Drawings and Specifications. E. For convenience, the Drawings and Specifications may be arranged in various trade subparagraphs, but such segregation shall not be considered as limiting the Work of any subcontract or trade. The Contractor shall be solely responsible for all subcontract arrangements of the Work regardless of the location or provision in the Drawings and Specifications. F. The City will furnish free of charge to the Contractor, a maximum of six (6) sets of Contract Drawings and Specifications. The Contractor shall pay for the costs of any additional sets or portions thereof. The Contractor shall be responsible to see that all sets are the same as the up-to-date approved set. 1.10 PRECEDENCE OF CONTRACT DOCUMENTS A. In the event of conflict between any of the Contract Documents, the provisions placing a more stringent requirement on the Contractor shall prevail. The Contractor shall provide the better quality or greater quantity of Work and/or materials unless otherwise directed by City in writing. In the event none of the Contract Documents place a more stringent requirement or greater burden on the Contractor, the controlling provision shall be that which is found in the document with higher precedence in accordance with the following order of precedence: 1. Governmental Approvals including, but not limited to, permits required for the Work 2. Modifications issued after execution of the Contract (including modifications to Drawings and Specifications) 3. The Contract, including all exhibits, attachments, appendices and Addenda, with later Addenda having precedence over earlier Addenda 4. Special Conditions, if any 5. General Conditions 6. Specifications 7. Drawings 8. Bidding Requirements B. With reference to the Drawings, the order of precedence is as follows: 1. Change Order Drawings 2. Addenda Drawings 3. Contract Drawings 4. Project Drawings 5. Standard Drawings 6. Detail Drawings 7. General Drawings 8. Figures 9. Scaled dimensions C. Within the Specifications, the order of precedence is as follows: 1. Change Orders 2. Special Conditions 3. Project Technical Specifications Page 13 of 121 4. Standard Specifications, if any 5. Applicable Trade Association Specifications 1.11 NOTICE OF CONFLICTS If the Contractor, in the course of the Work, becomes aware of any claimed conflicts, errors or omissions in the Contract Documents or in the City's fieldwork or work of City's separate contractors, the Contractor shall immediately notify the Director in writing. The Director shall promptly review the matter, and if the Director finds a conflict, error or omission, the Director shall determine the corrective actions and advise the Contractor accordingly. If the correction associated with a conflict, error or omission increases or decreases the amount of Work called for in the Contract, the City shall issue an appropriate Change Order in accordance with the Contract Documents. After discovery of an error or omission by the Contractor, any related additional work performed by the Contractor shall be done at the Contractor's risk unless authorized by the Director. 1.12 REPORTS A. Daily Construction Reports: The Contractor shall prepare a daily construction report recording the following information concerning events at Project site: 1. List of Subcontractors at Project site. 2. List of other contractors at Project site. 3. Approximate count of personnel at Project site. 4. Equipment at Project site. 5. Material deliveries. 6. High and low temperatures and general weather conditions, including presence of rain or snow. 7. Accidents. 8. Meetings and significant decisions. 9. Unusual events. 10. Stoppages, delays, shortages, and losses. 11. Meter readings and similar recordings. 12. Emergency procedures. 13. Orders and requests of authorities having jurisdiction. 14. Change Orders received and implemented. 15. Construction Change Directives received and implemented. 16. Services connected and disconnected. 17. Equipment or system tests and startups. 18. Partial completions and occupancies. 19. Substantial Completions authorized. 20. List of visitors to Project Site. 21. List of personnel at Project Site including names and job classifications. 22. Description of Work for the day including locations, quantities and related bid items. Page 14 of 121 Immediately upon discovery of a difference between field conditions and the Contract Documents, the Contractor shall prepare and submit a detailed report through a Request for Information (RFI). Include a detailed description of the differing conditions, together with recommendations for a remedy. The Daily Construction Report must be: signed by Contractor’s Superintendent, submitted within 24 hours (next Working Day) to the Director, and shall be made available to others as directed by City. 1.13 LINES, GRADES, AND MEASUREMENTS A. All lines and grades will be established by the Contractor. The Contractors shall carefully preserve all survey stakes and reference points as far as possible. Should any stakes or points be removed or destroyed unnecessarily by any act of the Contractor or his/her employees, they must be reset to the satisfaction of the Director, at the Contractor's expense. B. The Contractor shall inform the Director 48 hours (two Work Days) in advance of the times and places at which he/she intends to Work in order that inspection may be provided, and that necessary measurements for records and payments may be made with minimum inconvenience. C. No direct payment will be made for the cost to the Contractor of any of the Work or delay occasioned by giving lines and grades, by making other necessary measurements, or by inspection. 1.14 RIGHT OF WAY A. The site for the installation of equipment or the right of way for the Work to be constructed under this Contract will be provided by the City. B. The City will provide the appropriate rights of way and property for pipelines and structures. Upon approval by the Director, the Contractor may, without cost, use portions of any of the City's rights of way or property which may be suitable for working space and for storage of equipment and materials. The Contractor will be held responsible for any damage to structures, streets, and roads, trees and landscaping, and for any damage that may result from his/her use of City property. C. In case areas additional to those available on the City's rights of way or property are required by the Contractor for his/her operations, he/she shall make arrangements with the property owners for the use of such additional areas at his/her own expense. 1.15 CONTRACTOR’S OPERATIONS/STORAGE YARD In the event the Contractor requires space for the storage and/or staging of construction materials, supplies, equipment, stockpiling of debris, or any other needs required for construction operations, he/she shall acquire at his/her own expense such areas as he/she may desire. For properties within the City of Vernon, the staging area must be enclosed at Contractor’s expense with construction fencing covered with a mesh screen to limit visibility to the site. Private property used for storage of construction material or debris shall be restored to a legal condition with regard to appearance and maintenance upon conclusion of the project. Property should be graded and free of weeds and debris when project is completed. [END OF ARTICLE] Page 15 of 121 ARTICLE 2 - PERFORMANCE OF THE WORK 2.01 PERFORMANCE OF WORK - GENERAL Contractor shall, at its own cost and expense, furnish all necessary materials, labor, transportation, and equipment for doing and performing said Work and the materials used shall comply with the requirements of the Contract Documents. All Work shall be performed and completed as required in the Contract Documents, and subject to the approval of the Director, or his/her designated assistant. 2.02 NO ASSIGNMENT OR DELEGATION Contractor shall not assign or delegate the duties or obligations under this Contract or his/her interest therein in whole or in part without the prior written consent of the City which may be withheld at the City's sole discretion. 2.03 STANDARD OF PERFORMANCE Contractor agrees that all services performed hereunder shall be provided in a manner commensurate with the highest professional standards and shall be performed by qualified and experienced personnel; that any Work performed by Contractor under the Contract will be performed in the best manner; that any material furnished shall be subject to the approval of the Director; and that both Work and materials will meet fully the requirements of the Contract Documents. Any work deemed unacceptable by the Director, whether a cause is determined or not shall be repaired or replaced by Contractor at Contractor’s expense. The Contractor shall be responsible for the final product and shall make any quality control, adjustments and corrections necessary to obtain the final product accepted by the City Engineer. The Contractor shall perform process and quality control sampling and testing and exercise management control the work of his/her subcontractors, technicians and workers to ensure that the milling, transporting, recycling, spreading, compaction, and finishing processes conform to these Specifications. The proficiency of testing laboratories and sampling and testing personnel shall be reviewed and approved by the City Engineer prior to providing services to the project. The City Engineer shall have unrestricted access to the laboratory, sampling, testing sites, and all information resulting from mix design and quality control activities. All Quality Control testing results shall be submitted to the City Engineer on a daily basis. 2.04 DEFECTIVE WORK Within the time periods that the City specifies, the Contractor shall correct all deficient, improperly executed, or unsatisfactory Work determined by the City. The Contractor shall remove and shall repair or replace, at his/her own expense any part of the Work that is deficient, improperly executed, or unsatisfactorily executed, even though it has been included in the monthly estimates. If he/she refuses or neglects to remove, repair, or replace such defective Work, prior to the City’s acceptance of the Work, it may be replaced by the City at the expense of the Contractor, plus 15% for overhead expenses, and his/her sureties shall be liable therefor. (See Paragraph 2.15 for curing defects after acceptance of the Work.) 2.05 CITY’S RIGHT TO CARRY OUT THE WORK A. Notwithstanding other remedies available to the City, if the Contractor defaults, fails to perform Work required by the Contract Documents, or otherwise neglects to carry out the Work in accordance with the Contract Documents and fails within a 48 hour period after receipt of written notice from the City to commence and correct such default, failure to perform, or neglect with diligence and promptness, the Page 16 of 121 City, at its sole discretion and without obligation, may, with its own or outside forces, perform the Work Contractor has failed to perform and/or replace or correct deficiencies in the Work. In such case, a Change Order or Construction Change Directive shall be issued deducting from payments then or thereafter due to the Contractor the cost of completion, replacement or correction of such deficiencies, including compensation for additional services by the City’s project management staff, the Architect, and their respective consultants made necessary by such default, failure to perform, or neglect, plus 15% for City’s overhead expenses. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the City immediately. This remedy is cumulative. B. The City also has the right, but not the obligation, to self-perform or have outside forces perform portions of the Work previously assigned to Contractor. In such case a Change Order or Construction Change Directive shall be issued, reducing the Contract Sum by the Unit Price(s) applicable to such deleted Work or, in the absence of Unit Prices, an amount that reflects the reasonable cost of performing such deleted Work and the Allowable Mark-Up applicable to such deleted Work. 2.06 COMMUNICATIONS AND NOTICES REGARDING THE WORK A. Notices under the Contract Documents shall be in writing and (a) delivered personally, (b) sent by certified mail, return receipt requested, or (c) sent by a recognized overnight mail or courier service, with delivery receipt requested, to the following addresses (or to such other address as may from time to time be specified in writing by such Person): All correspondence with Contractor shall be sent to the following address: J.D.M.L., Inc. dba Standard Industries 1905 Lirio Avenue Ventura, CA 93004 Attention: Nort Colborn Phone: (805) 643-6669 All communications shall be copied to City and shall be delivered to City’s Director at the address set forth below, with copies to such additional persons as may be directed by City’s Director. City of Vernon Public Utilities Department 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Mark Aumentado, P.E. Phone: (323) 583-8811 ext. 309 E-mail: maumentado@cityofvernon.org B. Notices shall be deemed received when actually received in the office of the addressee (or by the addressee if personally delivered) or when delivery is refused, as shown on the receipt of the U. S. Postal Service, private carrier or other Person making the delivery. All notices received after 5:00 p.m. shall be deemed received on the first business day following delivery. Any technical or other communications pertaining to the Work shall be conducted by Contractor's Project Manager and technical representatives designated by City. Contractor's representatives shall be available at all Page 17 of 121 reasonable times for consultation, and shall be authorized to act on behalf of Contractor in matters concerning the Work. C. Contractor shall copy City on all written correspondence pertaining to the Contract between Contractor and any Person other than Contractor's Subcontractors, consultants and attorneys. D. Notification of Affected Residents/Businesses. The Contractor shall be responsible for distribution of the general information letter of the project to all affected residents and businesses. A project general information letter and sufficient copies thereof will be prepared by City staff for Contractor distribution to all residents, business establishments, and institutions fronting on or directly affected by the project. The Contractor shall be responsible for distribution of said letter in handout form to all the appropriate residences and buildings in the subject area. Distribution shall be accomplished in a manner acceptable to the City Engineer and shall be five (5) working days prior to the beginning of construction operations in the immediate vicinity. In addition to the above, the Contractor shall be fully responsible for such other notifications as may be required related to necessary closures of streets, alleys, driveways, etc., or to unavoidable access or parking restrictions. These notifications shall apply where the closures and access or parking restrictions required in the performance of any work under this contract preclude any resident, tenant, or property owner from utilizing the premises or conducting business thereon in a reasonable and customary manner. Additional notification to the affected businesses and residents shall be prepared by the City and distributed by the Contractor for roadway and driveway closures five (5) working days in advance of any construction work. No removal or excavation work is allowed until the additional notification has been distributed to the affected residents and businesses. If a Contractor is unable to adhere to his schedule as indicated on his written notification, then all the affected residents and places of business shall be re-notified of the revised schedule, in writing, as indicated above. Contractor costs for all of the above notifications shall be considered as included in the appropriate items of the Bid Proposal. E. Notification of Utilities – The provisions of Section 5 entitled "Utilities" of the “Greenbook” Standard Specifications shall apply. The Contractor shall contact the Underground Service Alert of Southern California (U.S.A.) at least two working days in advance of the construction work 2.07 INDEPENDENT CONTRACTOR The Contractor in the performance of the Work hereunder will be acting in an independent capacity and not as an agent, employee, partner, or joint venture of the City. 2.08 EMERGENCY WORK A. During Working Hours: In case of an emergency which threatens loss or injury of property, and/or safety of life during working hours, the Contractor shall act, without previous instructions from the City, as the situation may warrant. He/she shall notify the Director of the emergency and the action taken immediately thereafter. Any compensation claimed by the Contractor, together with substantiating documents in regard to Page 18 of 121 expense, shall be submitted to the Director within 15 calendar days after the emergency. Compensation, if allowed, will be paid for as Extra Work. B. Outside of Working Hours: Whenever, in the opinion of the City, there shall arise outside of the regular Working hours on the Contract Work of an emergency nature which threatens loss or injury of property, or danger to public safety, the Contractor shall act, without previous instructions from the City as the situation may warrant. He/she shall notify the Director of the emergency and the action taken immediately thereafter. Any compensation claimed by the Contractor, together with substantiating documents in regard to expense, shall be submitted to the Director within 15 calendar days after the emergency. Compensation, if allowed, will be paid for as Extra Work. In the event the Contractor is not able to respond to an emergency outside of regular working hours, the City's forces will handle such emergency Work. If such emergency arises out of or is the result of operations by the Contractor, the cost of the corrective measures will be billed to the Contractor and deducted from his/her payment as provided in the Contract Documents. The performance of emergency Work by City forces will not relieve the Contractor of any of his/her responsibilities, obligations, or liabilities under the Contract. 2.09 SUBCONTRACTORS A. Each subcontract shall contain a reference to the Contract between the City and the principal Contractor, and the terms of the Contract and all parts thereof shall be made part of each subcontract insofar as applicable to the Work covered thereby. If, in the Director’s opinion, the Subcontractor fails to comply with the requirements of the principal Contract insofar as the same may be applicable to the Subcontractor’s Work, the Director may disqualify the Subcontractor. B. Nothing contained in these Contract Documents shall be construed as creating any contractual relationship between any Subcontractor and the City. C. The Contractor shall be considered the employer of the Subcontractors and shall be fully responsible to the City for the acts and omissions of Subcontractors and of persons employed by them as the Contractor is for the acts and omissions of persons directly employed by him/her. D. The Contractor shall be responsible for the coordination of the trades, Subcontractors, and material suppliers engaged upon the Work. It shall be the Contractor’s duty to see that all of his/her Subcontractors commence their Work at the proper time and carry it on with due diligence so that they do not delay or injure either the Work or materials; and that all damage caused by them or their workers is made good at his/her expense. E. The City will not undertake to settle differences between the Contractor and his/her Subcontractors or between subcontractors. F. The Contractor shall utilize the services of specialty Subcontractors, without additional expense to the City, on those parts of the Work which are specified to be performed by specialty contractors. 2.10 USE OF FACILITIES PRIOR TO COMPLETION OF CONTRACT A. Whenever in the opinion of the Director any Work under the Contract, or any portion(s) thereof, is in a condition suitable for use by the City, the City may, after written notice and designation from the Director to the Contractor, use (which includes, but is not limited to, taking over or placing into Page 19 of 121 service) any portion(s) designated by the Director. B. The use of any portion(s) by the City shall not be construed as, and will not constitute acceptance in any sense, of any portion(s) of the Work of the Contractor nor will such use trigger the running of any warranty and/or guarantee periods. C. All necessary repairs, renewals, changes, or modifications in the Work or any portion thereof so used, not due to ordinary wear and tear, but due to defective materials or workmanship, the operations of the Contractor, or any other cause, shall be made at the expense of the Contractor. D. The use of any portion(s) by the City shall not relieve the Contractor of any of his/her responsibilities or liabilities under the Contract nor constitute a waiver by the City of any of the conditions thereof. Said use shall not cancel liquidated damages as of the first date of use, or any continuance thereof, nor impair, reduce, or change the amount of liquidated damages. 2.11 COOPERATION WITH OTHER WORK FORCES A. The City reserves the right to perform other Work at or near the site at any time by the use of its own forces or other contractors. B. Other contractors, other utilities and public agencies or their contractors, other City contractors, and City personnel may be working in the vicinity during the project construction period. There may be some interference between these activities and the Work under the Contract Documents. The Contractor shall cooperate and coordinate his/her Work with that of other Work forces to assure timely Contract completion. 2.12 AGREEMENTS WITH PROPERTY OWNERS Agreements with property owners for storing excavated material, storing any other materials, or for any other purpose related to the Work shall be made in writing and a copy submitted to the Director for his/her information. All storage charges shall be at the Contractor’s sole expense. 2.13 PROTECTION OF PROPERTY All public and private property, pavement or improvement, shall be safely guarded from damage or loss in connection with this Contract by the Contractor at all times. Should any facility, structure, or property be damaged during operations of the Contractor, he/she shall immediately notify the property owners or authorities. All damages and losses incurred shall be paid by the Contractor. 2.14 CONTRACTOR'S RESPONSIBILITIES FOR LOSSES OR LIABILITIES A. Risk of Loss Except as otherwise provided in the Contract Documents and except as to the cost of repair or restoration of damage to the Work caused by force majeure, the Contractor shall bear all losses resulting to him/her on account of the amount or character of the Work, or from any unforeseen obstructions or difficulties which may be encountered, or from any encumbrances on the line of the Work, or because the nature of the ground in or on which the Work is done is different from what is assumed. The Contractor shall bear the risk for any City equipment, material, or supplies with which he/she has been entrusted. Page 20 of 121 B. Materials and Facilities The Contractor shall be responsible for materials and facilities as hereinafter provided and in the event of his/her failure to carry out said responsibilities, the same may be carried out by the City at the expense of the Contractor: 1. The Contractor shall be responsible for any materials so furnished and for the care of all Work until its completion and final acceptance, and he/she shall at his/her own expense replace damaged or lost materials and repair damaged parts of the Work. 2. The Contractor shall protect City facilities from damage resulting from his/her Work. City facilities damaged by, or as a result of, the Contractor's Work under this Contract shall be repaired or replaced, as directed by the Director, at the Contractor's expense. 3. The Contractor shall remove from the vicinity of the completed Work all buildings, rubbish, unused material, concrete forms, and other materials belonging or used under his/her direction during construction. If Contractor fails to completely remove such items within a reasonable time the City may do so at the Contractor’s expense. C. Laws and Regulations 1. The Contractor shall obey all laws, ordinances, and regulations in any manner affecting those engaged or employed on the Work, or the materials used in the Work, or in any way affecting the conduct of the Work, and of all court orders and decrees having any jurisdiction or authority over the same. If any discrepancy or inconsistency should be discovered in this Contract, or in the Drawings or Specifications herein referred to, in relation to any such law, ordinance, regulation, order, or decree, he/she shall immediately report the same in writing to the Director. 2. Contractor shall, at all times, cause all his/her agents and employees to observe and comply with all such applicable laws, ordinances, regulations, orders, and decrees in effect or which may become effective before Final Completion of this Contract. 3. Nothing in the Contract Documents shall be construed to permit Work not conforming to such laws, ordinances, and regulations. If the Contractor ascertains at any time that any requirement of this Contract is at variance with such applicable law requirement, he/she shall immediately notify the Director. 4. If such applicable law requirement was not in effect on the date of submission of bids, any necessary adjustment of the Contract price shall be made as provided in Article 6 herein. If such applicable law requirement was in effect on said date of bid submission, no adjustment of Contract price will be considered. 5. The Contractor, at his/her own expense, shall pay all taxes properly assessed against his/her equipment, materials, or property used or required in connection with the Work. 2.15 WARRANTY AND CORRECTIONS A. Warranty 1. Warranty. The Contractor warrants to the City that: (i) materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by Page 21 of 121 the Contract Documents; (ii) the Work will be of good quality and free from defects; (iii) the Work will conform to the requirements of the Contract Documents; and (iv) Contractor will deliver the Project free of stop notice claims. Work not conforming to these requirements, including substitutions not accepted by the City, will be deemed defective. The Contractor’s warranty excludes improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the City, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the correction obligation of Paragraph 2.04 herein. 2. Overlap. Where any warranties provided under the Contract Documents overlap, conflict, or are duplicative, Contractor will be bound by the more stringent requirements. 3. Procurement and Assignment of Warranties: Contractor shall obtain in the name of City, or transfer or assign to City or City’s designee prior to the time of Final Completion of the Work, any and all warranties or guarantees which Contractor is required to obtain pursuant to the contract Documents and which Contractor obtained from any other person or entity other than Contractor including, but not limited to, Subcontractors and manufacturers, and further agrees to perform the Work in such a manner so as to preserve any and all such warranties. Contractor shall secure written warranties from all Subcontractors. Contractor and its Subcontractors shall offer any warranty upgrades or extensions that are offered by manufacturers of any equipment or system installed in the Work to the City. Contractor shall deliver to City all warranty and guarantee documents and policies. 4. Survival of Warranties: The provisions of this paragraph 2.15 will survive Contractor’s completion of the Work or termination of Contractor’s performance of the Work. B. Correction of Work 1. Before or After Final Completion. The Contractor shall promptly correct Work rejected by the City or City’s designee, as failing to conform to the requirements of the Contract Documents, whether discovered before or after Final Completion and whether or not fabricated, installed, or completed. Costs of correcting such rejected Work, including additional testing, inspections, and compensation for the City’s services and expenses made necessary thereby, will be at the Contractor’s expense within the Contract Price. 2. After Final Completion. (a) In addition to the Contractor’s warranty obligations under Paragraph 2.15-A, if, within one (1) year after the date of Final Completion of the Work or within the time period established by any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall commence correction or replacement of such Work within forty-eight (48) hours after receipt of written notice from the City to do so. The Contractor shall perform such corrective work without charge or cost to the City after Final Completion of the Work. The City shall give such notice promptly after discovery of the condition. (b) If the Contractor fails to commence correction or replacement of non-conforming Work within forty-eight (48) hours after receipt of written notice, the City will proceed to have defects repaired or replaced at the expense of the Contractor and its Performance Bond surety, plus fifteen percent (15%) for the City’s overhead Page 22 of 121 and administrative expense. The City may charge such costs against any payment due Contractor. If, in the opinion of the City, defective work creates a dangerous or hazardous condition or requires immediate correction or attention to prevent further loss to the City or to prevent interruption of operations of the City, the City may take immediate action, give notice, make such correction, or provide such attention and the cost of such correction or attention will be charged against the Contractor. Such action by the City will not relieve the Contractor of the warranties provided in this Article or elsewhere in the Contract Documents. 3. Replacement or Removal of Defective or Unauthorized Work. The Contractor shall remove from the Site and replace those portions of the Work which are not in accordance with the requirements of the Contract Documents in a manner acceptable to and as ordered by the Director. No compensation shall be allowed for such removal or replacement. Director shall have authority to cause defective work to be remedied, removed or replaced and to deduct the costs from monies due or to become due to the Contractor. 4. Destruction or Damage. In the event the Contractor destroys or damages any construction of the City or another contractor while correcting or removing Work which is not in accordance with the requirements of these Contract Documents, the Contractor shall bear the cost of repairing or reconstructing that other construction as well. 5. No Limitation. Nothing contained in Paragraph 2.15-B will be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the one-year period for correction of Work as described in Paragraph 2.15-B relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the limitations periods established by statute for any construction defect or other causes of action. 2.16 CLEANING AND ENVIRONMENTAL CONTROLS The Contractor, Subcontractors and employees shall comply with all litter and pollution laws and it shall be the responsibility of the Contractor to ensure compliance. The Contractor shall do all of the following: A. Maintain the Site free of waste materials, debris, and rubbish and in a clean and orderly condition; and Remove waste materials, debris and rubbish from site and dispose off-site legally. B. The Contractor shall maintain at his/her disposal any and all equipment necessary to prevent and remediate any sanitary sewer overflow arising out of the Work. The Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles, as directed by the Director, to maintain the affected areas in a condition of cleanliness acceptable to the City at all locations affected by the Contractor’s operations. For purposes of this Paragraph, the affected areas include the project Site as well as all haul routes to and from the project Site and all areas of construction and restoration which have not been completed. C. The Contractor shall take appropriate action to ensure that no dust originates from the project Site. D. Any equipment or vehicles driven and/or operated within or adjacent to a street gutter, storm drain, runoff conveyance or ocean shall be checked and maintained daily to prevent leaks of materials that if introduced to water could be deleterious to aquatic life. E. No debris, soil, silt, sand, bark, trash, sawdust, rubbish, cement or concrete or washings thereof, oil or Page 23 of 121 petroleum products or other organic or earthen material from any construction, or associated activity or whatever nature shall be allowed to enter into or placed where same may be washed by rainfall or runoff into waters of the State. When operations are completed, any excess materials or debris shall be removed from the Work area. 2.17 WATER POLLUTION CONTROL A. The Contractor shall meet all applicable City of Vernon, state and federal clean water laws, rules and regulations including but not limited to all conditions set forth in the Vernon Municipal Code Chapter 21, Article 5 regarding stormwater and urban runoff controls as it relates to public agency activities including, but not limited to storm and/or sanitary sewer system inspection and repair, street sweeping, trash pick-up and disposal, and street and right-of-way construction and repair are required to implement and maintain the activity specific Best Management Practices (BMPs) listed in Table 2-1 below in compliance with the National Pollutant Discharge Elimination System (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, 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. Table 2-1. BMPs for Public Agency Facilities and Activities General and Activity Specific BMPs General BMPs Scheduling and Planning Spill Prevention and Control Sanitary/Septic Waste Management Material Use Safer Alternative Products Vehicle/Equipment Cleaning, Fueling and Maintenance Illicit Connection Detection, Reporting and Removal Illegal Spill Discharge Control Maintenance Facility Housekeeping Practices Flexible Pavement Asphalt Cement Crack and Joint Grinding/ Sealing Asphalt Paving Structural Pavement Failure (Digouts) Pavement Grinding and Paving Emergency Pothole Repairs Sealing Operations Rigid Pavement Portland Cement Crack and Joint Sealing Mudjacking and Drilling Concrete Slab and Spall Repair Slope/Drains/Vegetation Shoulder Grading Nonlandscaped Chemical Vegetation Control Nonlandscaped Mechanical Vegetation Control/Mowing Nonlandscaped Tree and Shrub Pruning, Brush Chipping, Tree and Shrub Removal Page 24 of 121 Fence Repair Drainage Ditch and Channel Maintenance Drain and Culvert Maintenance Curb and Sidewalk Repair Litter/ Debris/ Graffiti Sweeping Operations Litter and Debris Removal Emergency Response and Cleanup Practices Graffiti Removal Landscaping Chemical Vegetation Control Manual Vegetation Control Landscaped Mechanical Vegetation Control/ Mowing Landscaped Tree and Shrub Pruning, Brush Chipping, Tree and Shrub Removal Irrigation Line Repairs Irrigation (W atering), Potable and Nonpotable Environmental Storm Drain Stenciling Roadside Slope Inspection Roadside Stabilization Stormwater Treatment Devices Traction Sand Trap Devices Bridges W elding and Grinding Sandblasting, Wet Blast with Sand Injection and Hydroblasting Painting Bridge Repairs Other Structures Pump Station Cleaning Tube and Tunnel Maintenance and Repair Tow Truck Operations Toll Booth Lane Scrubbing Operations Electrical Sawcutting for Loop Installation Traffic Guidance Thermoplastic Striping and Marking Paint Striping and Marking Raised/ Recessed Pavement Marker Application and Removal Sign Repair and Maintenance Median Barrier and Guard Rail Repair Emergency Vehicle Energy Attenuation Repair Storm Maintenance Minor Slides and Slipouts Cleanup/ Repair Management and Support Building and Grounds Maintenance Storage of Hazardous Materials (W orking Stock) Material Storage Control (Hazardous Waste) Outdoor Storage of Raw Materials Vehicle and Equipment Fueling Vehicle and Equipment Cleaning Vehicle and Equipment Maintenance and Repair Aboveground and Underground Tank Leak and Spill Control Page 25 of 121 B. Water Quality Protection Requirements for Construction Projects with Less than One (1) Acre of Disturbed Soil. All construction projects, regardless of size, will be required to implement best management practices (BMPs) necessary to reduce pollutants to the Maximum Extent Practicable (MEP) to meet the minimum water quality protection requirements and implement all applicable set of BMPs as defined in Table 2-2. Please refer to the California Stormwater Quality Association’s Construction Handbook (available on their website: www.cabmphandbooks.com) for further information regarding the BMPs listed in Table 2-2. All construction projects with Less than One (1) Acre of Disturbed Soil shall submit to the City a signed Statement of Intent to Comply with Minimum Requirements of the Stormwater Permit (Exhibit A5). The Contractor may self-certify that the following training was completed on an annual basis providing they certify they have received all applicable training: • The Contractor shall train all of their employees in targeted positions (whose interactions, jobs, and activities affect stormwater quality) on the requirements of the overall stormwater management program. • When the Work includes the use or have the potential to use pesticides or fertilizers, the Contractor shall train all of their employees (whether or not they normally apply pesticides or fertilizers as part of their work). Training programs shall address: 1) The potential for pesticide-related surface water toxicity 2) Proper use, handling, and disposal of pesticides Table 2-2 Minimum Water Quality Protection Requirements and Applicable Set of BMPs for All Construction Projects Category Minimum Requirements BMPs 1. Sediment Control Sediments generated on the project site shall be retained using adequate Treatment Control or Structural BMPs. Sediment Control 2. Non-Stormwater Management, Waste Management and Materials Pollution Control Construction-related materials, wastes, spills or residues shall be retained at the project site to avoid discharge to streets, drainage facilities, receiving waters, or adjacent properties by wind or runoff. Non-storm water runoff from equipment and vehicle washing and any other activity shall be contained at the project sites. Stormwater Management; Waste Management 3. Erosion Control Erosion from slopes and channels shall be controlled by implementing an effective combination of BMPs, such as the limiting of grading scheduled during the wet season; inspecting graded areas during rain events; planting and maintenance of vegetation on slopes; and covering erosion susceptible slopes. Erosion Control Page 26 of 121 3) Least toxic methods of pest prevention and control, including Integrated Pest Management 4) Reduction of pesticide use C. Water Quality Protection Requirements for Construction Projects with One (1) Acre (or greater) of Disturbed Soil. In addition to the minimum BMPs required in Paragraphs A and B, all construction projects where at least one (1) acre of soil will be disturbed, construction activity that results in land surface disturbances of less than one acre if the activity is part of a larger common plan of development, or the sale of one or more acres of disturbed land surface requires a Construction Activities Storm Water General Permit (2009-0009-DWQ Permit). Prior to commencement of construction activities, the Permit Registration Documents (PRDs) must be submitted electronically in the Storm Water Multi-Application Report Tracking System (SMARTS) (http://smarts.waterboards.ca.gov/smarts/faces/SwSmartsLogin.jsp). PRDs consist of the Notice of Intent, Risk Assessment, Post-Construction Calculations, a Site Map, the Storm Water Pollution Prevention Plan (SWPPP), a signed certification statement by the Legally Responsible Person (LRP), and the first annual fee. See: http://www.swrcb.ca.gov/water_issues/programs/stormwater/construction.shtml for more information. A Waste Discharger Identification (WDID) will be emailed to the LRP after the PRDs have been submitted and are deemed complete. Construction activities cannot begin until a WDID is issued by the State Water Resources Control Board. Contractor shall bear the costs of any delays to the Project caused by a delay in obtaining its WDID. The SWPPP shall include: 1. The name, location, period of construction, and a brief description of the project; 2. Contact information for the owner and contractor; 3. The building permit number for the project; 4. The grading permit number for the project (where applicable); 5. A list of major construction materials, wastes, and activities at the project site; 6. A list of best management practices to be used to control pollutant discharges from major construction materials, wastes, and activities; 7. A site plan (construction plans may be used) indicating the selection of BMPs and their location where appropriate; 8. Non-storm water discharges, their locations, and the BMPs necessary to prevent the discharge; 9. A maintenance and self-inspection schedule of the BMPs to determine the effectiveness and necessary repairs of the BMPs; and 10. A certification statement that all required and selected BMPs will be effectively implemented. Within seven (7) days after the City awards the Contract, the Contractor shall submit seven (7) copies of the proposed SWPPP to the City. The City shall review the SWPPP within 14 days of receipt of the plan. If revisions are required, the Contractor shall revise and re-submit the document within seven (7) days of its receipt of the City’s comments. The City shall then have seven (7) days to consider the revisions made by the Contractor and approve the SWPPP. The Contractor shall maintain a minimum of two (2) readily accessible copies of the SWPPP at the Project site. The SWPPP shall be made available upon request of a representative of the Los Angeles Regional Water Quality Control Board (LARWQCB) or the U.S. Environmental Protection Page 27 of 121 Agency (U.S. EPA). Requests by environmental groups and the public shall be directed to the City. D. Best Management Practices The objective of the SWPPP is to identify potential sources of pollution that may reasonably affect the quality of storm water discharge associated with construction activities. The plan will describe and ensure the implementation of Best Management Practices (BMPs) which will be used to reduce pollutants in the storm water discharges from the construction site. A Best Management Practice is defined as any program, technology, process, operating method, measure, or device that controls, prevents, removes, or reduces pollution. The Contractor shall select appropriate BMPs from the California Stormwater BMP Handbook, Municipal, Industrial, New Development, and Construction Volumes (www.cabmphandbooks.com) in conjunction with all activities and construction operations. Copies of the California Stormwater BMP Handbooks may be obtained from: California Stormwater Quality Association P.O. Box 2313 Livermore, CA 94551 www.cabmphandbooks.com Cashier Los Angeles County DPW 900 South Fremont Avenue Alhambra, CA 91803 Tel. No. (626) 458-6959 E. Implementation The Contractor will be responsible throughout the duration of the Project for the installation, monitoring, inspection and maintenance of the BMPs included in the SWPPP and for removing and disposing of temporary BMPs. The Contractor may be required to implement additional BMPs as a result of changes in actual field conditions, contractor’s activities, or construction operations. The Contractor shall demonstrate the ability and preparedness to fully deploy these SWPPP control measures to protect soil-disturbed areas of the project site before the onset of precipitation and shall maintain a detailed plan for the mobilization of sufficient labor and equipm ent to fully deploy these control measures. Throughout the winter season, active soil-disturbed areas of the project site shall be fully protected at the end of each day with these control measures unless fair weather is predicted through the following day. The Contractor shall monitor daily weather forecasts. If precipitation is predicted prior to the end of the following workday, construction scheduling shall be modified, as required, and the Contractor shall deploy functioning control measures prior to the onset of the precipitation. The City may order the suspension of construction operations which are creating water pollution if the Contractor fails to conform to the requirements of this Paragraph 2.17. Unless otherwise directed by the City, the Contractor’s responsibility for SWPPP implementation shall continue throughout any temporary suspension of the Work. F. Sewage Spill Prevention. The Contractor’s attention is directed to the sewer bypass operation required during any sewer construction pursuant to the 2012 edition of the “Greenbook” Standard Specifications for Public Works Construction, Section 500.1.2.4 or as that section is subsequently amended. The Contractor shall exercise extraordinary care to prevent the cause of events that may lead to a sewage spill. In the event of a sewage spill, the Contractor shall make arrangements for an emergency response unit comprised of emergency response equipment and trained personnel to be immediately dispatched to the project site. Page 28 of 121 The Contractor shall be fully responsible for preventing and containing sewage spills as well as recovering and properly disposing of raw sewage. In addition, the Contractor is responsible for any fines, penalties and liabilities arising from negligently causing a sewage spill. Any utility that is damaged by the contractor shall be immediately repaired at the Contractor’s expense. The Contractor shall take all measures necessary to prevent further damage or service interruption and to contain and clean up the sewage spills. G. Sewage Spill Telephone Notification Should a sewage spill occur, the Contractor shall immediately report the incident to both of these two City Departments: Sewer Maintenance Services ................................. City of Vernon Control Center (323) 826-1461 Fire Department Dispatch Center ……………………………………………………… (323) 262-2111 The Contractor is encouraged to obtain telephone numbers, pager numbers and cellular telephone numbers of City representatives such as Project Managers and Inspectors. However, if these City representatives are not available, then the Contractor shall immediately call: Mark Aumentado …………………………………………………………….………… (323) 855-1087 H. Sewage Spill Written Notification The Contractor shall prepare and submit a written report to the Director within three (3) Working Days from the occurrence of a spill to the City. This report shall describe all of the following: 1. The exact location on the Thomas Guide map. 2. The nature and volume. 3. The date, time and duration. 4. The cause. 5. The type of remedial and/or cleanup measures taken and date and time implemented. 6. The corrective and preventive action taken. 7. The water body impacted and results of necessary monitoring. I. Enforcement The City is subject to enforcement actions by the LARWQCB, U.S. EPA, environmental groups and private citizens. The Contractor shall indemnify, defend and hold City, its officers, agents and employees harmless from Contractor’s failure to comply and/or fulfill the requirements set forth in this Paragraph 2.17. Contractor shall be responsible for all costs and liabilities imposed by law as result of Contractor’s failure to comply and/or fulfill the requirements set forth in this Paragraph 2.17. The costs and liabilities include, but are not limited to fines, penalties and damages whether assessed against the City or the Contractor. Page 29 of 121 In addition to any remedy authorized by law, any money due to the Contractor under this contract shall be retained by the City until all costs and liabilities imposed by law against the City or Contractor have been satisfied. J. Maintenance The Contractor shall ensure the proper implementation and functioning of BMP control measures and shall regularly inspect and maintain the construction site for the BMPs identified in the SWPPP. The Contractor shall identify corrective actions and time frames in order to properly address any damaged measure, or reinitiate any BMPs that have been discontinued. If the City identifies a deficiency in the deployment or functioning of identified control measures, the deficiency shall be corrected by the Contractor immediately or by a later date and time if agreed to by Director and if requested in writing, but not later than the onset of the subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. K. Payment All costs involved in the implementation of the SWPPP, including furnishing all labor, materials, tools, equipment and all incidentals; and for doing all the work involved in installing, constructing, maintaining, removing, and disposing of control measures, except those that were installed as a part of another structure, shall be included in the unit prices bid for the various related items of work and no additional compensation will be made therefor. 2.18 SOLID WASTE DISPOSAL AND DIVERSION The Contractor shall submit to the Director the following summary of solid waste generated by the Work, disposed in Class III landfills, or diverted from disposal through recycling. Report disposal in inert fill separately. This form must be accompanied by legible copies of weight tickets, receipts, or invoices that specifically identify the project generating the material. Said documents must be from recyclers and/or disposal site operators that are acceptable to the Director. Further, the documents must be submitted to the Director with each application for progress payment. Failure to submit the form and its supporting documentation will render the application for progress payment incomplete and delay progress payments. Page 30 of 121 SUMMARY OF SOLID WASTE DISPOSAL AND DIVERSION Project Title: ______________________________ Specification No. ___________ Type of Material (a) Disposed in Class III Landfills (b) Diverted from Class III Landfills by Recycling (c) [Leave This Column Blank] (d) Disposed in Inert Fills Tons/CY Tons/CY Tons/CY Tons/CY Asphalt Concrete Metal Other Segregated Materials (Describe): Miscellaneous Construction Waste Total Form to be submitted to the City SIGNATURE: TITLE: DATE: 2.19 RECYCLED, REUSABLE AND RECYCLABLE PRODUCTS The Contractor is encouraged to propose recycled, reusable and recyclable products for use by the City. Those items should be clearly identified. The City may require further information or documentation to ascertain the suitability/appropriateness of a proposed product. [END OF ARTICLE] Page 31 of 121 ARTICLE 3 - TIME OF COMMENCEMENT AND COMPLETION 3.01 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK A. Notice to Proceed The Contractor is not authorized to perform any Work the Contract Documents until he/she has received from the City an official notification to commence Work. The date on which the notification is received by the Contractor is herein referred to as the Notice to Proceed. The Contractor shall commence Work on the Date of Commencement established in the Notice to Proceed is issued. The Notice to Proceed shall be issued after the Contract is properly executed, bonds are furnished and approved, and insurance has been submitted and approved. B. Prosecution of the Work Work shall be continued at all times with such force and equipment as will be sufficient to complete it within the specified time. The Contractor expressly proposes that he/she has taken into consideration and made allowances for all ordinary delays and hindrances to the Work to be performed and that he/she will complete the Work within the specified time. C. Required Contract Completion Time is of the essence in the completion of this Contract. The Work shall be completed in its entirety and made ready for service within one hundred (100) calendar days following the Date of Commencement established in the Notice to Proceed (“Contract Time”). By executing the Contract, Contractor confirms that the Contract Time is a reasonable period for performing the Work. 3.02 CITY'S DISCRETION TO EXTEND CONTRACT TIME In the event the Work required hereunder is not satisfactorily completed in all parts and in compliance with the Contract Documents, City shall have the right, in its sole discretion, to increase the number of Working Days or not, as may seem best to serve the interest of City. A change order extending the Contract Time only will be issued by the City should the City decide to increase the number of Working Days. 3.03 SUBSTANTIAL COMPLETION A. Contractor Request for Inspection and Punch List When the Contractor considers that it has achieved Substantial Completion of the Work, or designated portion thereof, Contractor shall prepare and submit to the Director a request for inspection and a comprehensive punch list of items to be completed or corrected prior to Final Payment. Failure to include an item on such punch list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. B. City Inspection Upon receipt of the Contractor's punch list, the Director will make an inspection to determine whether the Work or designated portion thereof is Substantially Complete. If the inspection discloses any item, whether or not included on the Contractor's punch list, which is not sufficiently complete in accordance with the Contract Documents so that the City can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before City's issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by City. Page 32 of 121 The Contractor shall then submit a request for another inspection by City to determine Substantial Completion. C. Certificate of Substantial Completion When the Work or designated portion thereof is substantially complete, the Director will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the City and Contractor for security, maintenance, utilities, damage to the Work, and insurance, and shall fix the time within which the Contractor shall finish all items on the Contractor’s punch list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work. Contractor shall deliver to City all warranty and guarantee documents and policies. 3.04 DELAYS AND EXTENSIONS OF TIME FOR CONTRACTOR A. The Contractor shall take reasonable precautions to foresee and prevent delays to the Work. In the event of any delay to the Work, the Contractor shall revise his/her sequence of operations, to the extent possible under the terms of the Contract, to offset the delay. B. If any delay to the Work is caused by circumstances within the Contractor's control, it is not excusable and not compensable, and the Contractor will not be entitled to any extension of time or to any other compensation for damages resulting directly or indirectly therefrom. C. If any delay having a direct effect on the Work is caused by circumstances beyond the control of the Contractor except for causes of delay specified in Paragraph 3.04-D., such delay may be excusable and may entitle the Contractor to an equivalent extension of time, but not to any other compensation. Excusable but not compensable causes include but are not limited to labor disputes, weather conditions unfavorable for prosecution of the Work, and force majeure. D. If any delay having a direct effect on the Work is caused by failure of the City to provide information as specified, or necessary instructions for carrying on the Work, or to provide the necessary right of way or site for installation, or failure of a utility to remove or relocate an existing facility such delay may be compensable and may entitle the Contractor to an equivalent extension of time, and to compensation for damages resulting directly from any of the causes of delay specified in this paragraph. E. The Contractor shall notify the Director in writing of any delay having a direct effect on the Work and the causes thereof within 15 days from the beginning of such delay. F. Any claim for an extension of time or for compensation for damages resulting from delay shall be made in writing to the Director not more than 30 days after the ending of such delay. The Contractor shall provide a written report evaluating the impact of the delay which shall include, at a minimum, all of the following: 1. a narrative description of the delay and its impact on the critical path to Substantial Completion of the Work or a portion of the Work designated by City; 2. a detailed breakdown of the Allowable Costs, if any, sought by Contractor due to the delay; 3. the number of days of extension sought by Contractor as an adjustment to the Contract time; 4. a statement that Contractor has complied with the requirements of the General Conditions for written notice of delays, along with the dates and copies of such notices; 5. the measures taken by Contractor and Subcontractors to prevent or minimize the delay; and Page 33 of 121 6. the Contactor’s recommendations for reordering or re-sequencing the Work to avoid or minimize further delay. No extension of time or compensation for damages resulting from delay will be granted unless the delay affects the timely completion of the overall Work under the Contract or the timely completion of a portion of the Work for which a time of completion is specified. G. The Director will investigate the facts and ascertain the extent of the delay, and his/her findings thereon shall be final and conclusive. H. Failure of the Contractor to give written notice of a delay, or to submit or document a claim for an extension of time or for damages resulting from delay in the manner and within the times stated above shall constitute a waiver of all claims thereto. I. When a Contractor experiences two concurrent delays, one compensable and the other excusable, no compensation other than an extension of time will be allowed. J. An extension of time must be approved by the Director to be effective, but an extension of time whether with or without consent of the sureties, shall not release the sureties from their obligations, which shall remain in full force until the discharge of the Contract. 3.05 CLIMATIC CONDITIONS A. The Director may suspend the Work whenever weather conditions or conditions resulting from inclement weather are unfavorable for the prosecution of the Work. The delay caused by such suspension may entitle the Contractor to an extension of time but not to any other compensation. B. If the Contractor believes that Work should be suspended under this Paragraph 3.05, he/she may request such suspension. The delay caused by such suspension may entitle the Contractor to an extension of time but not to any other compensation. C. No extension of time will be granted for suspension of Work unless the suspension affects the timely completion of all Work under the Contract or the timely completion of a portion of the Work for which a time of completion is specified. Determination that the suspension for inclement weather conditions or conditions resulting from inclement weather affects timely completion and entitles the Contractor to an extension of time shall be made and agreed to in writing by the Director and the Contractor on each day that Work is suspended. In the event of failure to agree, the Contractor may protest under the provisions of Paragraph 7.07. D. If Work is suspended and an extension of time is granted under this Paragraph 3.05 the Contractor will be entitled to a one day extension of time for each day that he/she is unable to Work at least one-half of his/her current normal Work day; and if the Work is suspended at the regular starting time on any Work day and the Contractor's Workforce is dismissed as a result thereof, then he/she will be entitled to a one day extension of time whether or not conditions change thereafter and the major portion of the day is suitable for Work. 3.06 COMPLETION AND ACCEPTANCE A. Upon request by the Contractor, the Director shall conduct a final inspection of the Work. If, in the Director’s opinion, Final Completion has been achieved, the Director will accept the Work by issuing a “Notice of Completion” of the Work to the Contractor. Upon the issuance of the Notice of Completion the Contractor will be relieved from responsibility to protect the Work. B. Within 15 calendar days after issuing the Notice of Completion, the Director will record the Notice of Completion with the County Recorder. Page 34 of 121 3.07 LIQUIDATED DAMAGES A. Contractor and City agree to liquidate damages in the amount of five hundred dollars ($500.00) per day, with respect to Contractor’s failure to achieve Substantial Completion of the Work within the Contract Time. The Parties intend for the liquidated damages set forth herein to apply to this Contract as set forth in Government Code Section 53069.85. The Contractor acknowledges and agrees that the liquidated damages are intended to compensate City solely for the Contractor’s failure to meet the deadline for Substantial Completion and shall not excuse Contractor from liability from any other breach, including any failure of the Work to conform to the requirements of the Contract Documents. B. In the event that Contractor fails to achieve Substantial Completion of the Work within the Contract Time, Contractor agrees to pay City the amount specified in the Contract form for each calendar day that Substantial Completion is delayed. C. Contractor and City acknowledge and agree that the foregoing liquidated damages have been set based on an evaluation of damages that the City will incur in the event of late completion of the Work. Contractor and City acknowledge and agree that the amount of such damages are impossible to ascertain as of the effective date hereof and have agreed to such liquidated damages to fix City’s damages and to avoid later disputes. It is understood and agreed by Contractor that liquidated damages payable pursuant to this Agreement are not a penalty and that such amount are not manifestly unreasonable under the circumstances existing as of the effective date of this Agreement. D. It is further mutually agreed that City shall have the right to deduct liquidated damages against progress payments or retainage and that the City will issue a Construction Change Directive and reduce the Contract Sum accordingly. In the event the remaining unpaid Contract Sum is insufficient to cover the full amount of liquidated damages. Contractor shall pay the difference to City. [END OF ARTICLE] Page 35 of 121 ARTICLE 4 - CONSTRUCTION SCHEDULES 4.01 BASELINE PROJECT SCHEDULE The Contractor shall submit his/her work Baseline Project Schedule, in electronic as well as hard-copy format, to the Director at the pre-construction meeting showing in detail how the Contractor plans to execute and coordinate the Work. The construction schedule shall show the sequence of work, critical path and estimated time for completion of each segment of work. This schedule must be reviewed and accepted by the Director before the Contractor will be permitted to begin work. In addition, the Contractor shall submit a detailed schedule forecasting two (2) weeks of work describing each day’s work. This schedule shall be updated and submitted to the City every other Monday during the construction period. The Contractor shall give 48 hours notice to the City Engineer prior to the start of the work. A. Format 1. At a minimum, the Baseline Project Schedule activities shall be coded on a work discipline basis and by geographic area or location on the Project. The Baseline Project Schedule shall include a detailed description of each activity code. The Baseline Project Schedule shall be based on and incorporate contract milestone and completion dates specified in the Contract Documents. It shall depict events, jobs, and their interrelationships and shall recognize the progress that must be made on one task before subsequent tasks can begin. The schedule shall be comprehensive and shall include all logical interdependencies and interactions required to perform the Work of the Project. 2. Overall time of completion and time of completion for each milestone shown on the Schedule shall adhere to the specified Contract Time, unless an earlier (advanced) time of completion is requested by Contractor, agreed to by the City and formalized by Change Order. 3. Contractor shall use the latest version of Microsoft Project or equivalent software agreed to by the parties. 4. The City will review the submitted Baseline Project Schedule for conformance with these scheduling requirements. Within fourteen (14) calendar days after receipt, the City will accept the proposed Baseline Project Schedule or will return it with comments. If the proposed Baseline Project Schedule is accepted by the City, it shall be deemed part of the Contract Documents. If the Baseline Project Schedule is not accepted by City, Contractor shall revise the Baseline Project Schedule, in accordance with the recommendations of the City, and re-submit same for acceptance, no later than seven (7) calendar days after receipt of said recommendation. 5. Acceptance of Baseline Project Schedule by City, failure to include an element of work, or inaccuracy in Baseline Project Schedule shall not relieve Contractor from the responsibility for accomplishing the Work in accordance with the Contract Documents. B. Float 1. Critical Work activities are defined as Work activities which, if delayed or extended, will delay the scheduled completion of the milestones and/or time of completion. All other Work activities are defined as non-critical Work activities and are considered to have float. Float is defined as the time that a non-critical Work activity can be delayed or extended without delaying the scheduled completion of the milestones and/or time of completion. Float is considered a Project resource available to either party or both parties as needed. Once identified, Contractor shall monitor, account for, and maintain float in accordance with Critical Path Methodology. Page 36 of 121 2. Delays of any non-critical Work shall not be the basis for an extension of Contract Time until the delays consume all float associated with that non-critical Work activity and cause the Work activity to become critical. 3. It is acknowledged that City-caused time savings (i.e., critical path submittal reviews returned in less time than allowed by the Contract Documents, approval of substitution requests which result in a savings of time for Contractor, etc.) create shared float. Accordingly, City-caused delays may be offset by City-caused time savings. C. Weather (This section applies only to projects of one (1) year duration or longer) The completion time contemplated by this Contract anticipates no lost days (Work Days) due to normal weather conditions annually and prorated for any duration less than twelve months. Only unusual or extreme weather conditions, as determined by the National Oceanic and Atmospheric Administration, for the time of year will be considered as justification for an extension of time to complete the Project, and only after the zero weather days have been utilized. Annual weather days are not cumulative, and unused days shall become “float” for the benefit of the project, and the schedule adjusted accordingly. The use of weather days by the Contractor shall be subject to all the conditions of claim for an extension of time. The Contractor shall notify the City in writing within ten (10) days of the commencement of each rain event. D. Early Completion While the Contractor may schedule completion of the Project earlier than the date established by the Contract Documents, no additional compensation shall become due the Contractor for the use of float time between the Contractor’s projected early completion date and the date for Substantial Completion established by the Contract Documents, unless an earlier (advanced) time of completion is requested by Contractor, agreed to by the City, and formalized by Change Order. 4.02 SCHEDULE UPDATES A. With each Application for Payment submitted by Contractor (other than the final Application for Payment), the Contractor shall submit to the City an updated Project Schedule revised to indicate the Work completed, status of Work in progress, all progress slippages, corrective actions taken, or slippage carry-over, for all anticipated delays or difficulties, and all other information required to accurately present the actual status of the progress of the Work as of the date of the Application for Payment. If the Contractor does not submit an updated Project Schedule with an Application for Payment, City may withhold payment, in whole or in part, until the updated Project Schedule is submitted. In the event that an update to the Project Schedule indicates a delay to the Contract Time the Contractor shall propose an affirmative plan to correct each such delay, including overtime and/or additional labor, if necessary. In no event shall any Project Schedule update constitute an adjustment in the Contract Time, any deadline, or the Contract Sum unless any such adjustment is agreed to by the City and authorized pursuant to Change Order or Work Directive. B. At no time shall historical data contained within the updated Project Schedule (i.e. completed activities) be removed and/or altered in any way. This historical data is to be preserved within each of the updated Project Schedules and submitted with the final schedule update to reflect the actual start and finish dates for each activity within the Schedule. C. Any work stoppages within individual work activities that exceed seven (7) calendar days in duration shall be clearly indicated within the updated Project Schedule. In cases where unplanned activity work Page 37 of 121 stoppages exceed seven (7) calendar days activities shall be added to the Project Schedule to clearly indicate the work stoppage period and identify forecasted resumption and completion of the activity where work has stopped. Contractor shall clearly note all schedule revisions when Project Schedule updates are submitted, as required in this Paragraph 4.02 above. 4.03 NONCOMPENSABLE EXTRAORDINARY MEASURES A. Should the City determine, in its sole judgment, that the performance of the Work has not progressed to the level of completion required by the Contract Documents, City shall have the right to order the Contractor to take corrective measures to expedite the progress of construction, at no additional cost to the City, including, without limitation, the following: 1. Working additional shifts of overtime. 2. Supplying additional manpower, equipment, and/or facilities. 3. Reschedule activities to maximize practical concurrence of accomplishment of activities. 4. Submitting a Recovery Schedule discussed above, for resequencing performance of the Work or other similar measures. 5. Any other actions that may be necessary to mitigate delays. B. Such Extraordinary Measures shall continue until the progress of the Work is no longer behind schedule and/or reaches the stage of completion required by the Contract Documents. Contractor shall not be entitled to an adjustment in the Contract Sum in connection with the performance of any such Extraordinary Measures required by the City under this Paragraph. The City may exercise the rights furnished the City pursuant to this Paragraph as frequently as the City deems necessary to ensure that the Contractor’s performance of the Work will comply with the Contract Time or interim completion dates set forth in the Contract Documents. If Contractor or its Subcontractors fail to implement or commence Extraordinary Measures within ten (10) calendar days of City’s written demand, City may, without prejudice to other remedies, take corrective action at the expense of the Contractor which shall reduce the Contract Sum accordingly. 4.04 CONDITION OF PAYMENT Compliance by Contractor with the requirements of the Contract Documents pertaining to preparation, submission, revising and updating of the Schedule is a condition precedent to City’s obligation to make payment to Contractor of any or all sums that might otherwise be due to Contractor in the absence of such noncompliance. Payment by City under circumstances in which City, for any reason, fails or elects not to assert its right to withhold payment for noncompliance with this Paragraph shall not be construed as a waiver of the right to withhold future payments on account of such noncompliance or any other noncompliance. [END OF ARTICLE] Page 38 of 121 ARTICLE 5 - SUSPENSION OR TERMINATION OF CONTRACT 5.01 TERMINATION BY THE CONTRACTOR A. Contractor shall have the right to terminate its performance of the Contract only upon the occurrence of one of the following: 1. The Work is stopped for a period of ninety (90) consecutive days through no act or fault of the Contractor, any Subcontractor, Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, due to: a. the issuance of an order of a court or other public authority having jurisdiction; or b. an act of government, such as a declaration of national emergency making material unavailable; and Contractor has given City written notice within ten (10) days of the occurrence of such ground for termination, then the Contractor may, upon thirty (30) additional calendar days written notice to City, unless the reason has theretofore been cured, terminate its performance of the Work. 2. The Work is stopped for a period of 120 consecutive days through no act or fault of Contractor, any Subcontractor, Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, because the City has persistently failed to perform any material obligation under the Contract Documents and fails to cure such default within ninety (90) days after the receipt of notice from Contractor stating the nature of such default. B. If Contractor terminates its performance of the Contract in accordance with this Paragraph 5.01, the City shall pay Contractor for the Work executed through the date of termination as set forth in Paragraph 5.04-C below. 5.02 TERMINATION BY THE CITY FOR CAUSE A. Grounds The City shall have the right to terminate the Contractor’s performance of the Contract, in whole or in part, without liability to City if: 1. Contractor fails promptly to begin the Work under the Contract Documents; or 2. Contractor refuses or fails to supply enough properly skilled workers or proper materials; or 3. Contractor fails to perform the Work in accordance with the Contract Documents, including conforming to applicable standards set forth therein in constructing the Project, or refuses to remove and replace rejected materials or unacceptable Work; or 4. Contractor discontinues the prosecution of the Work (exclusive of work stoppage: (a) due to termination by City; or (b) due to and during the continuance of a Force Majeure event or suspension by City); or Page 39 of 121 5. Contractor fails to resume performance of Work which has been suspended or stopped, within a reasonable time after receipt of notice from City to do so or (if applicable) after cessation of the event preventing performance; or 6. Any representation or warranty made by Contractor in the Contract Documents or any certificate, schedule, instrument, or other document delivered by Contractor pursuant to the Contract Documents shall have been false or materially misleading when made; or 7. Contractor fails to make payment to Subcontractors or Material Suppliers for materials or labor in accordance with the respective Contract Documents and applicable law; or 8. Contractor disregards laws, ordinances, or rules, regulations, or orders of a public authority having jurisdiction; or 9. Contractor is guilty of breach of a provision of the Contract Documents; or 10. Contractor becomes insolvent, is adjudicated bankrupt, or makes a general assignment for the benefit of creditors and fails to provide City with adequate assurances of Contractor’s ability to satisfy its contractual obligations. A receiver, trustee, or other judicial officer shall not have any right, title, or interest in or to the Contract. Upon that person’s appointment, City has, at its option and sole discretion, the right to immediately cancel the Contract and declare it null and void. B. City’s Rights. When any of the reasons specified in Paragraph 5.02-A exist, the City may, in addition to and without prejudice to any other rights or remedies of the City, and after giving the Contractor five (5) calendar days written notice, terminate Contractor’s performance of the Work, in whole or in part, and may: 1. Take possession of the site and all materials, equipment, tools, construction equipment, and machinery thereon owned by the Contractor; 2. Withhold from Contractor amounts unpaid hereunder and to offset such amounts against damages or losses incurred by City; 3. Accept assignment of subcontracts from Contractor, at the sole discretion of City, and 4. Finish the Work by whatever reasonable method the City may deem expedient. Upon request of the Contractor, the City shall furnish to the Contractor a detailed accounting of the costs incurred by the City in finishing the Work. C. Costs If City’s costs to complete and damages incurred due to Contractor’s default exceed the unpaid Contract balance, the Contractor shall pay the difference to the City. D. Wrongful Termination If it has been adjudicated or otherwise determined that City has wrongfully terminated the Contractor Page 40 of 121 for cause, then said termination shall be deemed converted to a termination for convenience as set forth in Paragraph 5.04 and Contractor’s remedy for wrongful termination in such event shall be limited to the recovery of the payments permitted for termination for convenience as set forth in Paragraph 5.04. 5.03 PARTIAL DELETION OR SUSPENSION OF WORK BY THE CITY A. Contractor agrees that the City may determine whether any or all of the Work described in the Contract Documents shall be deleted or performance suspended without electing to terminate the Contractor’s performance under the Contract and without any penalty being incurred by the City. B. Any such partial deletion or suspension of the Work shall in no way void or invalidate the Contract nor shall it provide Contractor with any basis for seeking payment from City for Work deleted or suspended except to the extent such Work has already been performed and is otherwise compensable under the Contract. C. The City shall have the right to later have any such suspended or deleted Work performed by Contractor or others without any penalty to the City. D. In the event of any partial or complete deletion or suspension of Work, the City shall furnish Contractor with prompt written notice thereof, and the City shall be entitled to take possession of and have as its property all Record Documents, Accounting Records, and other data prepared by Contractor or its Subcontractors. E. Suspension for Convenience. 1. The City may at any time and from time to time, without cause, order the Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time as the City may determine. Such order shall be specifically identified as a “Work Suspension Directive” under this Section. 2. Upon receipt of a Work Suspension Directive, Contractor shall, at the City’s expense, comply with its terms and take all reasonable steps to minimize costs allocable to the Work covered by the Work Suspension Directive during the period of Work stoppage. 3. Within the period of suspension, or such extension to that period as is agreed upon by Contractor and the City, the City shall either cancel the Work Suspension Directive or delete the Work covered by such Work Suspension Directive by issuing a Change Order or Construction Change Directive. 4. If a Work Suspension Directive is cancelled or expires, Contractor shall continue the Work. A Change Order or Construction Change Directive will be issued to cover any adjustments of the Contract Sum and Contract Time necessarily caused by such suspension. No adjustment shall be made to the extent: (a) That performance is, was, or would have been so suspended, delayed, or interrupted by another cause for which the Contractor is responsible; or (b) That an equitable adjustment is made or denied under another provision of the Contract. F. Suspensions for Cause City has the authority by written order to suspend the Work, in whole or in part, without liability to City Page 41 of 121 for Contractor’s failure to: 1. Correct conditions unsafe for the Project personnel or general public, or 2. Carry out the Contract; or 3. Carry out orders of City. G. Responsibilities of Contractor During Suspension Periods During periods that Work is suspended, Contractor shall continue to be responsible for the Work and shall prevent damage or injury to the Project, provide for drainage, and shall erect necessary temporary structures, signs or other facilities required to maintain the Project and continue to perform according to the Contract Documents. 5.04 TERMINATION BY THE CITY FOR CONVENIENCE A. Grounds Without limiting any rights which City may have by reason of any default by Contractor hereunder, City may terminate Contractor’s performance of the Contract, in whole or in part, at any time, for convenience upon fifteen (15) calendar days written notice to Contractor. B. Contractor Actions Upon receipt of such notice, Contractor shall perform the duties required by Paragraph 5.05 below. At the election of and as directed by the City, any or all of the subcontracts and purchase orders entered in to by Contractor prior to the effective date of termination shall be terminated or shall be assigned to City. C. Compensation 1. If the Parties are unable to agree on the amount of a termination settlement, the City shall pay the Contractor the following amounts: a. For Work performed before the effective date of termination, the total (without duplication of any items) of: i. The cost of the Work; and ii. A sum, as overhead and profit on the cost of the Work, determined by the City to be fair and reasonable. In no event shall Contractor be entitled to recover overhead or profit on Work not performed. b. The reasonable costs of settlement of the Work terminated, including: i. Accounting, clerical, and other expenses reasonably necessary for the preparation of termination settlement proposals and supporting data, if any; and ii. Storage, transportation, and other costs reasonably necessary for the preservation, protection, or disposition of inventory. Page 42 of 121 2. Such payment shall be Contractor’s exclusive remedy for termination for convenience and will be due and payable on the same conditions as set forth for final payment to the extent applicable. Upon receipt of such payment, the Contractor and City shall have no further obligations to each other except for Contractor’s obligations with respect to warranties, representations, indemnity, maintenance of insurance, and other obligations that survive termination or Final Completion as provided for herein. 3. It is understood and agreed that no fee, anticipated profit, compensation for lost opportunity costs, or other compensation or payment of any kind or character shall be due or payable for unperformed Work regardless of the basis of termination and the inclusion of this provision within this subparagraph shall in no way limit its application to termination under this Paragraph. 4. Contractor agrees that each of its subcontracts will reserve for the Contractor the same right of termination for convenience provided by this Paragraph 5.04. D. No Consequential Damages Under no circumstances shall Contractor be entitled to anticipatory or unearned profits or consequential or other damages as a result of a termination or partial termination under this Article 5. The payment to Contractor determined in accordance with this Article constitutes Contractor’s exclusive remedy for a termination hereunder. 5.05 CONTRACTOR’S DUTIES UPON TERMINATION FOR CAUSE OR CONVENIENCE If the City terminates Contractor’s performance of Work under the Contract, for cause or convenience or if Contractor terminates a Subcontractor with the City’s approval, Contractor shall: (1) cease performance of the Work to the extent specified in the notice; (2) take actions necessary or that the City may direct, for the protection and preservation of the Work; (3) settle outstanding liabilities, as directed by City; (4) transfer title and deliver to City Work in progress, specialized equipment necessary to perform the Work; (5) submit all Record Documents, Accounting Records and other data prepared pursuant to the Contract by Contractor and/or its Subcontractors, as applicable, to the City with fifteen (15) calendar days after the City’s notice of termination in an organized, usable form, in both hard copy and electronic/digital form, with all items properly labeled to the degree of detail specified by the City; and, (6) except for Work directed by City to be performed prior to the effective date of termination stated in the notice, incur no further costs or expenses and enter into no further subcontracts and purchase orders. No compensation shall be due Contractor, if any, until Contractor complies with the requirements of this Paragraph. [END OF ARTICLE] Page 43 of 121 ARTICLE 6 – CHANGES 6.01 CITY'S RIGHT TO ORDER CHANGES The City, without invalidating the Contract, may authorize changes in the Work consisting of additions, deletions, or other revisions, with the Contract Sum and Contract Time being adjusted accordingly, if necessary. All such changes in the Work shall be authorized by Change Order or Construction Change Directive and Contractor shall perform such changes in the Work according to the applicable requirements of the Contract Documents. 6.02 APPLICABLE PROVISIONS Changes in the Work shall be performed under applicable provisions of the Contract Documents. The Contractor shall proceed promptly and diligently with the change, unless otherwise provided in the Change Order or Construction Change Directive. It is of the essence to this Contract that all scope changes in the Work that form the basis of an adjustment of the Contract Sum or Contract Time must be authorized in advance in writing through either a Change Order or Construction Change Directive. A change in the Contract Sum or the Contract Time shall be accomplished only by Change Order or Construction Change Directive. Accordingly, no verbal directions, course of conduct or dealings between the Parties, express or implied acceptance of alterations or additions to the Work, or claim that the Contract has been abandoned or the City has been unjustly enriched by any alteration or addition to the Work shall be the basis of any claim for an increase in any amounts due under the Contract Documents or a change in any time period provided in the Contract Documents. 6.03 NOTICE OF SCOPE CHANGE Contractor shall submit written notice of any change in scope to the Director if, in the Contractor’s opinion, any instruction, request, Drawings, Specifications, action, condition, omission, default, or other situation occurs that the Contractor believes constitutes a scope change or other matter resulting in Extra Work, for which Contractor believes it is entitled to an adjustment of the Contract Sum or Contract Time. Such notice shall be provided prior to performance of the Work affected by such occurrence and within seven (7) calendar days after the discovery date of the circumstances of such scope change or other matters. The written notice shall state the date, circumstances, extent of adjustment to the Contact Sum or the Contract Time, if any, requested. The mere presentation of such notice shall not establish the existence of any right by Contractor to adjustment of the Contract Sum or Contract Time. Failure to provide such timely written notice described herein shall constitute a waiver by Contractor of the right to any adjustment to the Contract Sum or Contract Time on account thereof. 6.04 CHANGE ORDERS A. Computation Methods used in determining adjustments to the Contract Sum by Change Order may include those listed in Paragraph 6.06 below. B. Accord and Satisfaction Agreement on any Change Order shall be a full compromise and settlement of all adjustments to Contract Time and Contract Sum, and compensation for any and all delay, extended or additional field and home office overhead, disruption, acceleration, inefficiencies, lost labor or equipment productivity, differing Site conditions, construction interferences and other extraordinary or Page 44 of 121 consequential damages (hereinafter called "Impacts"), including any ripple or cumulative effects of said Impacts on the overall Work under the Contract arising directly or indirectly from the performance of Work described in the Change Order. By execution of any Change Order, Contractor agrees that the Change Order constitutes a complete accord and satisfaction with respect to all claims for schedule extension, Impacts, or any costs of whatever nature, character or kind arising out of or incidental to the Change Order. No action, conduct, omission, product failure or course of dealing by the City shall act to waive, modify, change, or alter the requirement that (i) Change Order's must be in writing, signed by the City and Contractor and; (ii) that such written Change Orders are the exclusive method for effectuating any change to the Contract Sum and/or Contract Time. 6.05 CONSTRUCTION CHANGE DIRECTIVE (FIELD DIRECTIVE) A. A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. The City may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletion, or other revisions, the Contract Sum and Contract Time being adjusted accordingly. B. If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be calculated in accordance with Paragraph 6.06 herein (Pricing Changes in the Work). C. Upon receipt of the Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the City of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive, for determining the proposed adjustment in the Contract Sum or Contract Time. D. If Contractor believes a Construction Change Directive constitutes a basis for adjustment to the Contract Sum or Contract Time, then Contractor shall give a Notice of Scope Change provided in Paragraph 6.03, followed by a submission of a Change Order Request as required by Paragraph 6.08. Contractor shall, if requested by City in such Construction Change Directive or in a subsequent Construction Change Directive, proceed with the performance of the Work as described in the Construction Change Directive. Failure of Contractor to proceed with the performance of Work, as described in the Construction Change Directive shall give the City the right to carry out the Work, as set forth in Paragraph 2.05. E. A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. F. If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the method and the adjustment shall be determined by the City on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in the case of an increase in the Contract Sum, Allowable Mark -Ups in accordance with Paragraph 6.06(E) herein. 6.06 PRICING CHANGES IN THE WORK A. Alternative Methods of Pricing The amount of any adjustment by Change Order or Construction Change Directive increasing or decreasing the Contract Sum shall be determined by the Director using one or a combination of the following methods: Page 45 of 121 1. Lump Sum. By mutual acceptance of a lump sum proposal from Contractor properly itemized and supported by sufficient substantiating data to permit evaluation. Such proposal shall be based solely on Allowable Costs, as defined in Subparagraph 6.06-C, and Allowable Mark-Ups, as defined in Subparagraph 6.06-E, and shall not include any costs or expense that is not permitted by the terms of any provision of the Contract Documents. 2. Unit Prices. By unit prices contained in Contractor’s original Bid and incorporated in the Contract Documents or fixed by subsequent agreement between City and Contractor. Unless otherwise stated in the Bidding Documents, unit prices stated in the Contract Documents or agreed upon by the County and Contractor shall be deemed to include and encompass all Allowable Markups. 3. Time and Materials. By calculating the actual Allowable Costs directly incurred, plus a sum for Allowable Mark-Ups on such Allowable Costs. 4. Deletion of Work. By Unit Prices contained in Contractor’s original Bid and incorporated in the Contract Documents, or by using the Schedule of Values to determine the value of the decrease of the Contract Sum, less the value of any Work performed, plus a reasonable percentage of the decrease for the Contractor’s saved overhead unless the Schedule of Values allocates general conditions costs to individual line items, in which case no percentage of the decrease shall be added. When a change consists of both addition and deletion of Work, the added costs and deleted costs shall be calculated separately, and then added together, resulting in th e net cost for the change. The Allowable Mark-Up shall be applied to this net cost. B. Contractor Maintenance of Daily Records for Changes 1. In the event that Contractor is directed to perform any Extra Work, or should Contractor encounter conditions which the Contractor believes would obligate the City to adjust the Contract Sum and/or the Contract Time, Contractor shall maintain detailed records of the cost of such changes on a daily basis summarized in a daily report supplemented by back-up records. Such records shall include without limitation: a. Labor. At the close of each day on which such Extra Work is performed, Contractor shall submit an Extra Work labor report, on forms provided by Director, to Director that sets forth a list of the actual hours spent in performing the Extra Work, that clearly differentiates between the labor expended on the Extra Work and other Work, and the Allowable Costs for such Extra Work performed that day showing the names of workers, their classifications, hours worked and hourly rates. b. Materials, Equipment. A list of Allowable Costs of materials and equipment consumed in the performance of the Extra Work on the day on which such Extra Work is performed, together with copies of applicable delivery tickets and unit prices for all materials and for all equipment used the type of equipment, identification number, hours of operation (including loading and transportation) and hourly/daily rates involved for that day. c. Other Services or Expenditures. A list of other services and expenditures constituting Allowable Costs incurred in performance of the Extra Work on the day on which such Extra Work is performed, along with documentation verifying the amounts thereof in such detail as Director may require. Page 46 of 121 2. In the event that more than one change to the Work is performed by the Contractor in a calendar day, Contractor shall maintain separate records of labor, construction equipment, materials, and equipment for each such change. In the event that any Subcontractor of any tier shall provide or perform any portion of any change to the Work, Contractor shall require that each such Subcontractor maintain records in accordance with this Section. 3. Each daily record maintained hereunder shall be signed by Contractor; such signature shall be deemed Contractor’s representation and warranty that all information contained therein is true, accurate, complete, and relates only to the change referenced therein. All records maintained by Subcontractors of any tier, relating to the costs of a change in the Work shall be signed by such Subcontractor’s authorized project manager or superintendent. All such records shall be forwarded to the Director on the day the Work is performed (same day) for independent verification. The Director shall attempt to review and reconcile costs for changes on a daily basis. Records not available on the day on which the Extra Work is performed, such as, but not limited to, material invoices, shall be submitted as soon as they are available but not later than five (5) calendar days after the earlier of the day of delivery or incorporation of the particular item of Extra Work at the Site. 4. The Director may additionally require authentication of all time and material tickets and invoices by persons designated by the Director for such purpose. In the event that Contractor shall fail or refuse, for any reason, to maintain or make available for inspection, review, and/or reproduction such records, adjustments to the Contract Sum or Contract Time, if any, on account of any change to the Work may be deemed waived for that day. Contractor’s obligation to maintain back-up records hereunder is in addition to, and not in lieu of, any other Contractor obligation under the Contract Documents with respect to changes to the Work. 5. Waiver by Contractor. Failure to submit such records as are required by this Paragraph daily shall waive any rights for recovery of Allowable Costs incurred for Extra Work performed that day. The failure of the Contractor to secure any required authentication shall, if the City elects in its sole discretion to treat it as such, constitute a waiver by the Contractor of any righ t to adjustment of the Contract Sum for the Allowable Cost of all or that portion of the Extra Work covered by such non-authenticated ticket or invoice. C. Allowable Costs The term “Allowable Costs” shall mean in the case of Extra Work actual costs incurred by Contractor and/or any Subcontractor, regardless of tier, and necessarily involved in direct performance of the Extra Work, or in the case of deleted work the actual costs that would have been incurred in performing deleted work by Contractor and/or any Subcontractor, regardless of tier, and shall be limited to the following costs: 1. Labor. Straight-time wages or salaries, and overtime wages and salaries specifically authorized by City in writing, for employees employed at the site, or at fabrication sites off the site, in the direct performance of the Extra Work or that would have been incurred in the direct performance of the deleted work, based on the actual cost for wages prevailing locally for each craft or type of workers at the time the Extra Work is done or the deleted work is ordered eliminated. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The use of labor classification which would increase the Allowable Cost for Extra Work will not be permitted unless Contractor establishes the necessity for such additional costs. Page 47 of 121 2. Benefits. Payroll taxes, insurance, health and welfare, pension, vacation, apprenticeship funds and benefits required by lawful collective bargaining agreements for employees on straight-time wages or salaries, and on overtime wages and salaries specifically authorized by City in writing, for employees employed at the site, or at fabrication sites off the site, in the direct performance of the Extra Work or that would have been incurred in the direct performance of the deleted work. 3. Materials, Consumables. Costs of materials and consumable items which are furnished and incorporated into the Work, as approved by City, or that would have been incorporated into the Work in the case of deleted work shall be at the lowest price available to Contractor but in no event shall such costs exceed competitive wholesale prices obtainable from other Subcontractors, suppliers, manufacturers and distributors in the general vicinity of the site. If City determines, in its discretion, that the cost of materials is excessive, or if Contractor fails to furnish satisfactory evidence of the cost from the actual supplier thereof, then in either case the cost of the materials shall be deemed to be the lowest wholesale price at which similar materials are available in the quantities required at the time they were needed. The City reserves the right to furnish such materials as it deems advisable, and Contractor shall have no claim for costs or profits on materials so furnished. Material invoices must be included with the extra work report to obtain payment. 4. Taxes. Sales taxes on the costs of materials and consumable items described in Paragraph 5.04-C.3 above. 5. Tool, Equipment Rental. Rental charges for necessary machinery and equipment, whether owned or hired, as authorized in writing by City, exclusive of hand tools, used directly in the performance of the Extra Work or that would have been used in the direct performance of the deleted work. Regardless of ownership, such rental charges shall not exceed the hourly rate derived from the most recently published “Rental Rate Blue Book for Construction Equipment” or the “Rental Rate Blue Book for Older Construction Equipment,” as published by K-111, San Jose, California, which is in effect at the time of commencement of the changed work. The Contractor shall attach a copy of the rate schedule to the daily reports required by Paragraph 6.06-B, above. The charges for any machinery and equipment shall cease when the use thereof is no longer necessary for the Extra Work or deleted work. No charge shall be allowed for use of equipment or tools which have a replacement value of $500 or less. The allowable rental rates shall include the cost of fuel, power oil, lubrication, supplies, small tools, necessary attachments, loading, transportation, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Notwithstanding the provisions of Paragraph 6.06-E below, no mark-up shall be allowed for overhead, profit or bond premiums for use of equipment if the equipment is supplied by an equipment rental firm. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to City than holding it at the Site, it shall be returned, unless Contractor elects to keep it at the Site at no expense to City. Costs incurred while equipment is inoperative due to breakdowns, regular maintenance, or for non-Working Days shall not be allowed. The rental time shall include the time required to move the equipment to the Work from the nearest available source for rental of such equipment and to return it to the source. If such equipment is not moved by its own power, then loading and transportation will be allowed. Neither moving time nor loading and transportation costs will be paid if the equipment is for use on the Project unrelated to the Extra Work. All equipment shall be acceptable to City, in good working condition, and suitable for the purpose for which it is to be used. Page 48 of 121 6. Royalties. Additional or saved costs of royalties due to the performance of the Extra Work or deleted work. 7. Insurance, Bonds. Additional or saved costs of insurance and bonds, provided, however, that for Extra Work such costs shall not exceed one percent (1%) of Items 1 through 6 above. D. Costs Not Allowed Allowable Costs shall not include any of the following: 1. Wages, salaries, fringe benefits and payroll taxes of Contractor’s and all Subcontractor’s non- craft labor (above a Foreman level); 2. Overhead (including home office overhead), administrative or general expenses of any kind including engineering, estimating, scheduling, drafting, detailing, etc., incurred in connection with Extra Work; 3. Vehicles not dedicated solely for the performance of the extra of deleted work; 4. Small tools (replacement value not exceeding $500); 5. Office expenses, including secretarial and administrative staff, materials and supplies; 6. On-site and off-site trailer and storage rental and expenses; 7. Site fencing; 8. Utilities, including gas, electric, sewer, water, telephone, telefax, copier equipment; 9. Computer and data processing personnel, equipment and software; 10. Federal, state of local business income and franchise taxes; 11. Losses of efficiency or productivity; and 12. Costs and expenses of any kind or item not specifically and expressly included in Paragraph 6.06-C. E. Allowable Mark-Up 1. If the Net Cost of Extra Work is less than or equal to $25,000, the Allowable Mark-Up shall be computed as follows: (a) For Extra Work performed directly by the Contractor’s forces, the added cost for all expenses of overhead, profit, bond and insurance (“Allowable Mark-Up”) shall not exceed fifteen percent (15%) of the net cost of the Extra Work. (b) For Extra Work performed by a Subcontractor, the added cost of combined expenses, Allowable Mark-Up for Contractor and all Subcontractor(s) shall not exceed twenty (20%) of the net cost of all Subcontractor(s)’s Extra Work. Page 49 of 121 2. If the net cost of Extra Work is greater than $25,000 and less than or equal to $100,000, the Allowable Mark-up shall be computed as follows: (a) For Extra Work performed directly by the Contractor’s forces the added cost for Allowable Mark-Up shall not exceed twelve (12%) of the net cost of the Extra Work. (b) For Extra Work performed by a Subcontractor, the added cost of combined expenses for Allowable Mark-Up for Contractor and all Subcontractor(s) shall not exceed seventeen (17%) of the net cost of all Subcontractor(s)’s Extra Work. 3. If the net cost of Extra Work is greater than $100,000, the Allowable Mark-up shall be computed as follows: (a) For Extra Work performed directly by the Contractor’s forces the added cost for Allowable Mark-Up shall not exceed ten percent (10%) of the net cost of the Extra Work. (b) For Extra Work performed by a Subcontractor, the added cost of combined expenses for Allowable Mark-Up for Contractor and all Subcontractor(s) shall not exceed fifteen (15%) of the net cost of all Subcontractor(s)’s Extra Work. F. Net Allowable Costs If anyone scope change involves both Extra Work and deleted work in the same portion of the Work and the additive allowable costs exceed the deductive allowable costs, the Allowable Markups on the Extra Work will be only the difference between the two amounts. 6.07 CITY ORIGINATED REQUEST FOR ITEMIZED CHANGE ORDER PROPOSAL REQUEST City may issue a Construction Change Directive or other written request to Contractor describing a proposed change to the Work and requesting the Contractor submit an itemized change order proposal in a format acceptable to City within ten (10) calendar days after City issues the request. The Contractor's change order proposal shall include an analysis of impacts to cost and time, if any, to perform additional work, change Work or delete Work, as applicable, including the effects and impacts, if any, on unchanged Work, estimates of costs (broken down by the cost categories listed in this Paragraph), and Contractor's proposed methods to minimize costs, delay, and disruption to the performance of the Work. If Contractor fails to submit a written change order proposal within such period of time, it shall be presumed that the change described in the City's original proposal request will not result in an increase to the Contract Sum or Contract Time and the change shall be performed by Contractor without additional compensation to Contractor. City's request for itemized change order proposal request does not authorize the Contractor to commence performance of the change. If City desires that the proposed change be performed, the Work shall be authorized according to the Change Order or Construction Change Directive procedures set forth herein. 6.08 CONTRACTOR ORIGINATED CHANGE ORDER REQUEST (COR) If the Contractor believes that instructions issued by the City after the effective date of the Contract will result in changes to the Contract Sum or Contract Time or if the Contractor otherwise becomes aware of the need for or desirability of a change in the Work, Contractor may submit a written Change Order Request ("COR") to the City in writing, in a format acceptable to City and in accordance with the notice provisions and other requirements of Article 7 below for Claims. The COR must specify the reasons for the proposed change, cost impacts and relevant circumstances and impacts on the Construction Schedule. The document shall be complete in its description of the Work, its material and labor quanti ties and detail, and must support and justify the costs and credits claimed by the Contractor. A Critical Path Method schedule Fragnet is required Page 50 of 121 to support and justify any additional time of performance requested by the Contractor. The City will not review any COR which is incomplete. The Contractor may request additional compensation and/or time through a COR but not for instances that occurred more than ten (10) calendar days prior to the notice date. Contractor's failure to initiate a COR within this ten-day period or to provide detailed back-up documentation to substantiate the COR within thirty (30) calendar days of the initial written notice shall be deemed a waiver of the right to adjustment of the Contract Sum or the Contract Time for the alleged change. Any COR that is approved by the City shall be incorporated in a Change Order or Construction Change Directive. If the COR is denied but the Contractor believes that it does have merit, the Contractor shall proceed with the disputed Work and may submit a Claim in accordance with the procedures set forth herein. 6.09 ISSUANCE OF WORK DIRECTIVE (UNILATERAL). In the event of a dispute as to whether or not Extra Work is required, City shall have the right to unilaterally issue a Work Directive; Contractor shall continue performance of disputed Work pending resolution and shall maintain and submit to City all accounting and cost data necessary to substantiate Contractor’s cost of such disputed Work. [END OF ARTICLE] Page 51 of 121 ARTICLE 7 - CONTRACT PAYMENTS AND CLAIMS 7.01 GENERAL A. Payment will be made at the price for each item listed on the bidding form or as Extra Work as provided in the General Conditions. B. Initial progress payment will not be made prior to approval by the Director of the Schedule of Values, the Construction Progress Schedule, and the Schedule of Submittals. C. No subsequent progress payment will be made prior to receipt by the Director of the monthly revision of the Construction Progress Schedule. 7.02 SCHEDULE OF VALUES FOR PAYMENTS A. Submission Upon City’s request, the three (3) lowest bidders shall complete and submit a Preliminary Schedule of Values, within seven (7) calendar days. In addition, Contractor shall complete and furnish within seven (7) calendar days after receiving the Notice of Award of the Construction Contract a Final Schedule of Values giving a complete breakdown of the Contract Sum for each component of the Work. B. Content The Schedule of Values shall be in sufficient detail as the Director may, in its discretion, deem necessary to evaluate progress at any point in the performance of the Work. Unless otherwise specified in the Contract Documents, the Schedule of Values shall include, without limitation, a breakdown of the general categories of Subcontractor work, direct overhead, profit and contingency, and a further breakdown of the general categories of Subcontractor work into separate trade line items of costs for Subcontractor services, labor and material, which is based on actual Subcontractor contract, subcontract, purchase order or vendor prices. If requested by Director, Contractor shall revise the Schedule of Values to allocate sums for Contractor overhead, profit and/or contingency among the individual line items for trade portions of the Work. No amounts shall be reflected in the Schedule of Values or Application for Payment for Extra Work or Deleted Work for which a Change Order has not been executed by Contractor and City or for which a Construction Change Directive has not been issued by City. Amounts that have been mutually agreed to by Change Order or unilaterally determined by City pursuant to a Construction Change Directive shall be segregated from the cost of the base Contract Work and separately listed by line item in the Schedule of Values. The Schedule of Values must be prepared in sufficient detail and supported by sufficient data to substantiate its accuracy as the Director may require. C. Applications for Payment The Schedule of Values, when approved by the Director, shall be used as a basis for Contractor's Applications for Payment and may be considered as fixing a basis for adjustments to the Contract Sum. Page 52 of 121 D. Revisions If, at any time, it is determined that the Schedule of Values does not allocate the Contract Sum in a manner that reasonably and fairly reflects the actual costs anticipated to be progressively incurred by Contractor, it shall be revised and resubmitted for the Director’s approval. 7.03 APPLICATIONS FOR PAYMENT A. Marked Schedule of Values Five (5) Days prior to the date set forth in Paragraph 7.03-B below for the monthly progress payment meeting, Contractor shall submit to Director a copy of the proposed Schedule of Values, marked to show the percentage of completion certified by Contractor for each line item in the Schedule of Values, including any stored materials approved for payment by City pursuant to Paragraph 7.03-D, below and any withholdings from Contractor proposed by Director. B. Monthly Review For the purpose of expediting the progress payment procedure, Contractor shall meet with the Director on or before the twentieth (20th) day of each month to review the Contractor's marked Schedule of Values prepared in accordance with Paragraph 7.03-A, above. The Director shall revise as appropriate and sign the marked Schedule of Values to verify such review. If any item in the marked Schedule of Values submitted for payment is disputed during this review, Contractor agrees to use its best efforts to resolve the disputed items with the Director before submitting its Application for Payment. If the Director and Contractor cannot agree, then the percentage completion shall be established at such percentage as the Director, in good faith, determines is appropriate to the actual progress of the Work. No inaccuracy or error in the Director’s good faith estimate shall operate to release Contractor or Surety from any responsibility or liability arising from or related to performance of the Work. The Director shall have the right subsequently to correct any error and dispute any item submitted in Contractor's Application for Payment, regardless of whether an item was identified as disputed in the review process provided for herein. C. Certification Each Application for Payment shall be signed and certified by Contractor under penalty of perjury to City that: 1. The data comprising the Application for Payment is accurate and the Work has progressed to the point indicated; 2. To the best of Contractor's knowledge, information and belief, the Work is in accordance with the Contract Documents; 3. Contractor is entitled to payment in the amount certified; and 4. All sums previously applied for by Contractor on account of Work performed by Subcontractors and that have been paid by City have been paid to the Subcontractors performing such Work, without any retention, withholding or backcharge by Contractor. Page 53 of 121 D. Stored Materials Payments may be made by City, at its discretion, on account of materials or equipment not incorporated into the Work but delivered on the ground at the Site and suitably stored by Contractor or stored off-Site under the control of City. Such payments shall only be considered upon submission by Contractor of satisfactory evidence that it has acquired title to same, that the material or equipment will be utilized in the Work and that the material is satisfactorily stored, protected and insured, and that such other procedures are in place satisfactory to City to protect City's interests. To be considered for payment, materials or equipment stored off-Site shall, in addition to the above requirements and unless otherwise specifically approved by City in writing, be stored in a bonded warehouse, fully insured, and available to City for inspection. City shall have sole discretion to determine the amount of material and equipment that may be stored on the Site at any given time. 7.04 PROGRESS PAYMENTS A. Conditions to Progress Payments Contractor shall submit its Application for Payment to the Director, using such forms as required by City, once a month on or before the first (1st) Day of the month following the month in which the Work that is the subject of such Application for Payment was performed. Without limitation to any other provisions of the Contract Documents, the following shall be conditions precedent to a proper submission and to the Director approval of each Application for Payment: 1. Submission of a Schedule of Values that reflects the percentages of completion either agreed to or determined by Director in accordance with Paragraph 7.03-B, above; 2. Submission of the Contractor's certification required by Paragraph 7.03-C, above; 3. Submission of conditional releases of stop notice, if any, and bond rights upon progress payment, complying with California Civil Code Section 8132, for all Work performed during the time period covered by the current Application for Payment, signed by Contractor, its Subcontractors of every tier, and all material suppliers to each, and (2) forms of unconditional release of stop notice and bond rights upon progress payment, complying with California Civil Code Section 8134 for all Work performed during the time period covered by the previous Application for Payment, signed by Contractor, its Subcontractors of every tier and all material suppliers to each; 4. Compliance by Contractor with its obligation for maintenance of As-Builts as required by the Contract Documents; 5. Compliance by Contractor with its obligation for submission of monthly and daily reports as required by the Contract Documents; 6. Compliance by Contractor with its obligations for submission of scheduling information and updating of the Construction Schedule as required by Article 4, above and other provisions of the Contract Documents pertaining to preparation or updating of schedule information; 7. Submission of certified payroll records as required by the Contract Documents; 8. Submission of certifications by Contractor and each Subcontractor as required by applicable collective bargaining agreements certifying that all employee benefit contributions due and Page 54 of 121 owed pursuant to any applicable collective bargaining agreement have been paid in full; and 9. Compliance by Contractor with all of its other obligations for submission of documentation or performance of conditions which, by the terms of the Contract Documents, constitute conditions to Contractor's right to receive payment for Work performed. B. Payments by City Pursuant to California Public Contract Code Section 20104.50, City shall make progress payment of undisputed sums due within thirty (30) Days after receipt by Director of an undisputed and properly submitted Application for Payment, calculated on the basis of ninety-five percent (95%) of value determined pursuant to Paragraph 7.03-B above of the following: 1. The portion of the Work permanently installed and in place; 2. Plus, the value of materials delivered on the ground or in storage as approved by City pursuant to Paragraph 7.03-D, above, 3. Less, the aggregate of previous payments, and 4. Less, any other withholdings authorized by the Contract Documents. C. Rejection by City Any Application for Payment determined not to be undisputed, proper and suitable for payment shall be returned to Contractor as soon as practicable, but not later than seven (7) Days, after receipt by City accompanied by an written explanation of the reasons why the payment request was rejected. Failure by City or Director to either timely reject an Application for Payment or specify any grounds for rejection shall not constitute a waiver of any rights by City. Applications for Payment that are rejected shall be corrected and resubmitted within seven (7) Days after receipt by Contractor. D. Interest If City fails to make a progress payment to Contractor as required by Paragraph 7.04-B, above, City shall pay interest to Contractor equivalent to the legal rate set forth in subdivision (a) of California Code of Civil Procedure Section 685.010. The number of Days available to City to make payment pursuant to Paragraph 7.04-B, above without incurring interest pursuant to this Paragraph shall be reduced by the number of Days by which City exceeds the seven (7) Day return requirement applicable to City as set forth in Paragraph 7.04-C, above. 7.05 FINAL PAYMENT A. Retention ln addition to withholdings permitted by Paragraph 7.09 below, a sum equal to five percent (5%) of all sums otherwise due to Contractor as progress payments shall be withheld by city pursuant to Paragraph 7.04-B from each progress payment (“Retention”) and retained until such time as it is due as described herein. A higher Retention amount may be approved by the City Council where project is deemed “substantially complex” by City Council. Page 55 of 121 Conditions to Final Payment Contractor shall submit its Application for Final Payment, using such forms as required by Director, prior to requesting a final inspection of the Work in accordance with Paragraph 3.06 above. Such Application for Final Payment shall be accompanied by all the following: 1. An affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Project for which City or City's property or funds might be liable have been paid or otherwise satisfied; 2. Contractor’s certification as required by Paragraph 7.03-C, above; 3. Consent of surety, if any, to Final Payment; 4. A certificate evidencing that the insurance required by the Contract Documents is in force; 5. Conditional Waiver and Release Upon Final Payment in the form required by California Civil Code Section 8136 executed by Contractor, all Subcontractors of every tier and by all material suppliers of each, covering the final payment period; 6. Unconditional Waiver and Release Upon Progress Payment in the form required by California Civil Code Section 8136 executed by Contractor, all Subcontractors of every tier and by all material suppliers of each, covering the previous payment period; 7. All Record Documents (including, without limitation, complete and accurate As-Built drawings which shall be kept up to date during the performance of the Work); 8. Documentation that Contractor has inspected, tested, and adjusted performance if every system or facility of the Work to ensure that overall performance is in compliance with the terms of the Contract Documents; 9. Four (4) copies of all warranties from vendors and Subcontractors, operation and maintenance manuals, instructions and related agreements, and equipment certifications and similar documents; 10. Certifications by Contractor and each Subcontractor as required by applicable collective bargaining agreements that all employee benefit contributions due and owing pursuant to any applicable collective bargaining agreement have been paid in full; 11. Releases of rights and claims relating to patents and trademarks, as required by the Contract Documents; and 12. Any other documents or information required by the Contract Documents as a condition of Final Payment or Final Completion. B. Final Payment Pursuant to the Public Contract Code Section 7107, within sixty (60) Days after City issues the Notice Page 56 of 121 of Completion to Contractor, the Final Payment, including Retention, shall be released to Contractor, subject to the City’s right to withhold 150% of any disputed amounts. C. Disputed Amounts Pursuant to California Public Contract Code 7107, City may deduct and withhold from the Final Payment due under Paragraph 7.05-C, above, an amount up to 150% of any disputed amounts, including, without limitation, amounts to protect City against any loss caused or threatened as a result of Contractor's failing to fully perform all of those obligations that are required to be fulfilled by Contractor as a condition to Final Completion and Final Payment. Alternatively, City may elect, in its sole discretion, to accept the Work without correction or completion and adjust the Contract Sum pursuant to the Contract Documents. D. Acceptance of Final Payment Acceptance of Final Payment by Contractor shall constitute a waiver of all rights by Contractor against City for recovery of any loss, excepting only those Claims that have been s ubmitted by Contractor in the manner required by the Contract Documents prior to or at the time of the Final Payment. 7.06 MISCELLANEOUS A. Joint Payment City shall have the right, if deemed necessary in its sole discretion, to issue joint checks made payable to Contractor and any Subcontractor(s) of any Tier. The joint check payees shall be solely responsible for the allocation and disbursement of funds included as part of any such joint payment. Endorsement on such check by a payee shall be conclusively presumed to constitute receipt of payment by such payee. In no event shall any joint check payment be construed to create any contract between City and a Subcontractor of any Tier, any obligation from City to such Subcontractor or any third party rights against City or Director. B. Withholding/Duty to Proceed The payment, withholding or retention of all or any portion of any payment claimed to be due and owing to Contractor shall not operate in any way to relieve Contractor from its obligations under the Contract Documents. Contractor shall continue diligently to prosecute the Work without reference to the payment, withholding or retention of any payment. The partial payment, withholding or retention by City in good faith of any disputed portion of a payment, whether ultimately determined to be correctly or incorrectly asserted, shall not constitute a breach by City of the Construction Contract and shall not be grounds for an adjustment of the Contract Sum or Contract Time. C. No Acceptance No payment by City or partial or entire use of the Work by City shall be construed as approval or acceptance of the Work, or any portion thereof. D. Contractor Payment Warranty Submission of an Application for Payment shall constitute a representation and warranty by Contractor that: Page 57 of 121 1. Title to Work covered by an Application for Payment will pass to City either by incorporation into the construction or upon receipt of payment by Contractor, whichever occurs first; and 2. Work covered by previous Applications for Payment are free and clear of liens, stop notices, claims, security interests or encumbrances imposed by the Contractor or any other person. E. Corrections No inaccuracy or error in any Application for Payment provided by Contractor shall operate to release Contractor from the error, or from losses arising from the Work, or from any obligation imposed by the Contract Documents. City retains the right to subsequently correct any error made in any previously approved Application for Payment, or progress payment issued, by adjustments to subsequent payments. 7.07 PAYMENTS BY CONTRACTOR Contractor shall not include in its Applications for Payment sums on account of any Subcontractor's portion of the Work that it does not intend to pay to such Subcontractor. Upon receipt of payment from City, Contractor shall pay the Subcontractor performing Work on the Project, out of the amount paid to Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled in accordance with the terms of its contract with Contractor and applicable laws, including, without limitation, California Public Contract Code Section 7107. Contractor shall remain responsible notwithstanding a withholding by City pursuant to the terms of these Contract Documents, to promptly satisfy from its own funds sums due to all Subcontractors who have performed Work that is included in Contractor's Application for Payment. Contractor shall, by appropriate agreement, require each Subcontractor to make payments to its subcontractors and material suppliers in similar manner. City shall have no obligation to pay or be responsible in any way for payment to a Subcontractor of any tier or material supplier. 7.08 PAYMENTS WITHHELD A. Withholding by City In addition to any other amounts which City may have the right to retain under the Contract Documents, City may withhold a sufficient amount of any payment otherwise due to Contractor as City, in its sole discretion, may deem necessary to cover actual or threatened loss due to any of the following: 1. Third Party Claims. Third-party claims or stop notices filed or reasonable evidence indicating probable filing of such claims or stop notices. City shall promptly inform Contractor of any third party claims related to this Contract; [NOTE: PUBLIC ENTITES ARE REQUIRED TO INCLUDE PROVISIONS IN PUBLIC WORKS CONTRACTS FOR TIMELY NOTIFICATION TO THE CONTRACTOR OF THE RECEIPT OF ANY THIRD PARTY CLAIM RELATED TO THE CONTRACT, PC C §9201(b). 2. Defective Work. Defective Work not remedied; 3. Nonpayment. Failure of Contractor to make proper payments to its Subcontractors for services, labor, materials or equipment; 4. Inability to Complete. Reasonable doubt that the Work can be completed for the then unpaid balance of the Contract Sum or within the Contract Time; Page 58 of 121 5. Violation of Applicable Laws. Failure of Contractor or its Subcontractors to comply with applicable laws or lawful orders of governmental authorities; 6. Penalty. Any claim or penalty asserted against City by virtue of Contractor’s failure to comply with applicable laws or lawful orders of governmental authorities (including, without limitation labor laws); 7. Failure to Meet Contract Time. Any damages which may accrue as a result of Contractor failing to meet the Construction Schedule or failing to perform within the Contract Time; 8. Setoff. Any reason specified elsewhere in the Contract Documents as grounds for a withholding offset or set off or that would legally entitle City to a set-off or recoupment; 9. Consultant Services. Additional professional, consultant or inspection services required due to Contractor’s failure to comply with the Contract Documents; 10. Liquidated Damages. Liquidated damages assessed against Contractor; 11. Materials. Materials ordered by City pursuant to the Contract Documents; 12. Damages. Loss caused by Contractor or Subcontractor to City, Separate Contractors or any other person or entity under contract to City; 13. Clean Up. Clean up performed by City and chargeable to Contractor pursuant to the Contract Documents; 14. Employee Benefits. Failure of Contractor to pay contributions due and owing to employee benefits funds pursuant to any applicable collective bargaining agreement or trust agreement; 15. Required Documents. Failure of Contractor to submit on a timely basis, proper and sufficient documentation required by the Contract Documents, including, without limitation, Construction Schedule updates, ‘look ahead’ schedules, Submittals, Schedules of Values, information on Subcontractors, Change Orders, certifications and other required reports or documentation; and 16. Other Breach. A breach of any obligation or provision of the Contract Documents. B. Release of Withholding If and when City determines, in its sole discretion, that the above grounds for withholding have been removed and that all losses incurred or threatened have been paid, credited or otherwise satisfied, then payment shall be made for amounts withheld because of them. C. Application of Withholding City may apply sums withheld pursuant to Paragraph 7.08-A above, in payment of any loss or threatened loss as City determines, in its sole discretion, to be appropriate. Such payments may be made without a prior judicial determination of City’s actual rights with respect to such loss. Contractor agrees and hereby designates City as its agent for such purposes, and agrees that such payments shall be considered as payments made under Construction Contract by City to Contractor. City shall not be liable to Contractor for such payments made in good faith. City shall submit to Contractor an accounting of such funds disbursed on behalf of Contractor. As an alternative to such payment, City Page 59 of 121 may, in its sole discretion, elect to exercise its right to adjust the Contract Sum as provided in the Contract Documents. D. Continuous Performance Provided City pays the undisputed portion, if any, of funds withheld in good faith, Contractor shall maintain continuous and uninterrupted performance of the Work during the pendency of any disputes or disagreements with City. 7.09 SUBSTITUTION OF SECURITIES A. Public Contract Code Pursuant to the requirements of California Public Contract Code Section 22300, upon Contractor’s request, City will make payment to Contractor of any funds withheld from payments to ensure performance under the Contract Documents if Contractor deposits with City, or in escrow with a California or federally chartered bank in California acceptable to City (“Escrow Agent”), securities eligible for the investment of State Funds under Government Code Section 16430, or bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the City, upon the following conditions: 1. Contractor shall be the beneficial owner or any securities substituted for monies withheld for the purpose of receiving any interest thereon. 2. All expenses relating to the substitution of securities under Public Contract Code Section 22300 and under this Paragraph 7.04, including, but not limited to City’s overhead and administrative expenses, and expenses of Escrow Agent shall be the responsibility of Contractor. 3. Securities or certificates of deposit substituted for monies withheld shall be of a value of at least equivalent to the amounts of retention to be paid to Contractor pursuant to the Contract Documents. 4. If Contractor chooses to deposit securities in lieu of monies withheld with an Escrow Agent, Contractor, City and Escrow Agent shall, as a prerequisite to such deposit, enter into an escrow agreement, using the City’s form, “Escrow Agreement for Deposit of Securities in Lieu of Retention.” 5. Contactor shall obtain the written consent of Surety to such agreement. 6. Securities, if any, shall be returned to Contractor only upon satisfactory Final Completion of the Work. B. Substitute Security To minimize the expense caused by such substitution of securities, Contractor shall, prior to or at the time Contractor requests to substitute security, deposit sufficient security to cover the entire amount to be withheld. Should the current market value of such substituted security fall below the amount for which it was substituted, or any other amounts which the City withholds pursuant to the Contract Documents, Contractor shall immediately and at Contractor’s expense and at no cost to City deposit additional security qualifying under Public Contract Code Section 22300 until the current market value of the total security deposited is no less than the amount subject to withholding under the Contract Page 60 of 121 Documents. Securities shall be valued as often as conditions of the securities market warrant, but in no case less frequently than once per month. C. Deposit of Retentions Alternatively, subject to the conditions set forth in Paragraph 7.04-A above, upon request of Contractor, City shall make payment of retentions directly to Escrow Agent at the expense of Contractor, provided that Contractor, City and Escrow Agent shall, as a prerequisite such payment, enter into an escrow agreement in the same form as prescribed in Part 4 of Paragraph A, above. At the expense of Contractor and at no cost to City, Contractor may direct the investment of the payments into securities and interest bearing accounts, and Contractor shall receive the interest earned on the investments. Escrow Agent shall hold such direct payments by City under the same terms provided herein for securities deposited by Contractor. Upon satisfactory Final Completion of the Work, Contractor shall receive from Escrow Agent all securities, interest and payments received by Escrow Agent from City, less escrow fees and charges of the Escrow Account, according to the terms of Public Contract Code Section 22300 and the Contract Documents. D. Time for Election of Substitution of Securities Notwithstanding the provision of 7.04 A, B, and C above and California Public Contract Code Section 22300, the failure of Contractor to request the Substitution of eligible securities for monies to be withheld by City within ten (10) days of the award of Contract to Contractor shall be deemed to be a waiver of all such rights. 7.10 CLAIMS A. Arising of Claim. 1. Scope Change. When Contractor has a claim for an increase in the Contract Sum or Contract Time due to a scope change which has not yet become final, a “claim” will be deemed to arise once the Director has issued a decision denying, in whole or in part, the Contractor’s Change Order Request. 2. Other Claims. In the case of a Claim by Contractor that does not involve an adjustment to the Contract Sum or Contract Time due to a scope change and which has not become final, the Claim may be asserted if, and only if, Contractor gives written notice to City of intent to file the Claim within three (3) days of the date of discovery relative to such circumstances (even if Contractor has not yet been damaged or delayed). Such written notice of intent to file a Claim shall be valid if, and only if, it identifies the event or condition giving rise to the Claim, states its probable effect, if any with respect to Contractor's entitlement to an adjustment of the Contract Sum or Contract Time and complies with the requirements of Paragraph 7.11-B, below. For purposes of this Paragraph 7.11, a Claim for which such written notice is required and has been given by Contractor shall be deemed to arise on the date that such written notice is received by City. B. Content of Claim A Claim by Contractor must include all of the following: 1. A statement that it is a Claim and a request for a decision on the Claim; Page 61 of 121 2. A detailed description of the act, error, omission, unforeseen condition, event or other circumstance giving rise to the Claim. 3. If the Claim involves an adjustment to the Contract Sum or Contract Time due to a change in scope, a statement demonstrating that all requisite notices were provided, including, without limitation, timely written notice and a Change Order Request as required by Article 6 of these General Conditions and timely notice of delay and request for extension of time in accordance with Article 3. If the Claim does not involve an adjustment to the Contract Sum or Contract Time due to a change in scope, a statement demonstrating that a notice of intent to file the Claim was timely submitted as required by Paragraph 7.10-A.2, above; 4. A detailed justification for any remedy or relief sought by the Claim including without limitation, a detailed cost breakdown in the form' required for submittal of Change Order Requests and actual job cost records demonstrating that the costs have been incurred; 5. If the Claim involves a request for adjustment of the Contract Time, written documentation demonstrating that Contractor has complied with the requirements of the Contract Documents and written substantiation (including, without limitation, a Time Impact Analysis) demonstrating that Contractor is entitled to an extension of time under the Contract Documents; and 6. A written certification signed by a managing officer of Contractor's organization, who has the authority to sign contracts and purchase orders on behalf of Contractor and who has personally investigated and confirmed the truth and accuracy of the matters set forth in such certi fication, in the 'following form: "I hereby certify under penalty of perjury that I am a managing officer of (Contractor's name) and that I have reviewed the Claim presented herewith on Contractor's behalf and/or on behalf of (Subcontractor's name) and that, to the best of my knowledge after conducting a diligent inquiry into the facts of the Claim, the following statements are true and correct: The facts alleged in or that form the basis for the Claim are, to the best of my knowledge following diligent inquiry, true and accurate; and, (a) I do not know of any facts or circumstances, not alleged in the Claim, that by reason of their not being alleged render any fact or statement alleged in the Claim materially misleading; and, (b) I have, with respect to any request for money or damages alleged in or that forms the basis for the Claim, reviewed the job cost records (including those maintained by Contractor and by any Subcontractor, of any tier, that is asserting all or any portion of the Claim) and confirmed with reasonable certainty that the losses or damages suffered by Contractor and/or such Subcontractor were in fact suffered in the amounts and for the reasons alleged in the Claim; and, (c) I have, with respect to any request for extension of time or claim of delay, disruption, hindrance or interference alleged in or that forms the basis for the Claim, reviewed the job schedules (including those maintained by Contractor and the Subcontractor, of any tier, that is asserting all or any portion of the Claim) and confirmed on an event-by-event basis that the delays or disruption suffered by Contractor and/or such Subcontractor were in fact experienced for the durations, in the manner, and with the consequent effects on the time and/or sequence of Page 62 of 121 performance of the Work, as alleged in the Claim; and, (d) I have not received payment from City for, nor has Contractor previously released City from, any portion of the Claim.” Signature: Date: Name: Title: Company C. Noncompliance Failure to submit any of the information, documentation or certifications required by Paragraph 7.10- B, above, shall result in the Claim being returned to Contractor without any decision. D. Submission of Claims 1. Director. Claims shall be first submitted to the City for decision by the Director. 2. Continuous Work. Notwithstanding the making of any Claim or the existence of any dispute regarding any Claim, unless otherwise directed by City, Contractor shall not delay, slow or stop performance of the Work, but shall diligently proceed with performance in accordance with the Contract Documents and City will continue, to make undisputed payments as by the Contract Documents. 3. Time for Filing. All Claims and supporting documentation and certifications must be filed within thirty (30) days after the Claim arises. No Claims shall be filed after Final Payment. 4. Conditions Precedent. No Claim may be asserted unless Contractor has strictly complied with the requirements of this Paragraph 7.10-D, which shall be considered conditions precedent to Contractor’s right to assert the Claim and to initiate the Dispute Resolution Process with respect to such Claim. E. Response to Claims, Meet and Confer 1. Claims less than $50,000. Claims less than $50,000 shall be responded to by City in writing within forty-five (45) days of receipt of the Claim, unless City requests additional information or documentation of the Claim within thirty (30) days of receipt of the Claim, in which case City shall respond to the Claim within fifteen (15) days after receipt of the further information or documentation or within a period of time no greater than that taken by Contractor in producing the additional information or documentation, whichever is greater. 2. Claims $50,000 or more. Claims $50,000 or more shall be responded to by City in writing within (60) days of receipt of the Claim, unless City requests additional information or documentation of the Claim within thirty (30) days of receipt of the Claim, in which case City shall respond to the Claim within thirty (30) days after receipt of the further information or documentation or within a period of time no greater than that taken by Contractor in producing the additional information or documentation, whichever is greater. Page 63 of 121 3. Meet and Confer. If Contractor disputes City's response, or if City fails to respond within the prescribed time set forth in Paragraph 7.10-E.1 and 7.10-E.2, above, Contractor may so notify City, in writing, within fifteen (15) days of City's response, or within fifteen (15) days of City’s response due date in the event of a failure to respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon such demand, City shall schedule a meet and confer conference within thirty (30) days of such demand, for discussion of settlement of the dispute. F. Finality of Decision If Contractor disputes the Director’s decision under this Article, it shall commence the Dispute Resolution Process as set forth in Article 15 of these General Conditions by filing a Statement of Dispute within seven (7) days after receipt of the Director’s response. G. Continuing Contract Performance/Duty to Proceed with Disputed Work Contractor shall not delay or postpone any Work pending resolution of any claims, disputes or disagreements. Pending final resolution of a claim, the Contactor shall proceed diligently with performance of the Contract and the City shall continue to make payments for undisputed Work in accordance with the Contract Documents. In the event of disputed Work, City shall have the right to unilaterally issue a Work Directive and Contractor shall continue performance pending resolution of the dispute and shall maintain the accounting and cost data to substantiate the cost of such disputed work. [END OF ARTICLE] Page 64 of 121 ARTICLE 8 - MATERIALS AND EQUIPMENT 8.01 GENERAL A. The Contractor shall furnish all materials and equipment needed to complete the Work and installations required under the terms of this Contract, except those materials and equipment specified to be furnished by the City. B. The Contractor shall submit satisfactory evidence that the materials and equipment to be furnished and used in the work are in compliance with the Specifications. Materials and equipment incorporated in the Work and not specifically covered in the Specifications shall be the best of their kind. Unless otherwise specified, all materials and equipment incorporated in the Work under the Contract shall be new. 8.02 QUALITY AND WORKMANSHIP All material and equipment furnished by the Contractor shall be new, high grade, and free from defects and imperfections, unless otherwise hereinafter specified. Workmanship shall be in accordance with the best standard practices. All materials and equipment must be of the specified quality and equal to approved samples, if samples have been required. All Work shall be done and completed in a thorough, workmanlike manner, notwithstanding any omission from the Specifications or Drawings, and it shall be the duty of the Contractor to call attention to apparent errors or omissions and request instructions before proceeding with the Work. The Director may, by appropriate instructions, correct errors and supply omissions, which instructions shall be binding upon the Contractor as though contained in the original Specifications or Drawings. All Work performed under the Specifications will be inspected by the Director as provided in Paragraph 8.04. All materials and equipment furnished and all Work done must be satisfactory to the Director. Work, material, or equipment not in accordance with the Specifications, in the opinion of the Director shall be made to conform thereto. Unsatisfactory materials and equipment will be rejected, and if so ordered by the Director, shall, at the Contractor's expense, be immediately removed from the vicinity of the Work. 8.03 TRADE NAMES AND "OR APPROVED EQUAL" PROVISION Whenever in the Specifications or Drawings the name or brand of a manufactured article is used it is intended to indicate a measure of quality and utility or a standard. Except in those instances where the product is designated to match others in use on a particular improvement either completed or in the course of completion, the Contractor may substitute any other brand or manufacture of equal appearance, quality, and utility on approval of the Director, provided the use of such brand or manufacture involves no additional cost to the City. 8.04 APPROVAL OF MATERIALS A. The Contractor shall furnish without additional cost to the City such quantities of construction materials as may be required by the Director for test purposes. He/she shall place at the Director's disposal all available facilities for and cooperate with him in the sampling and testing of all materials and workmanship. The Contractor shall prepay all shipping charges on samples. No samples are to be submitted with the bids unless otherwise specified. B. Each sample submitted shall be labeled. A letter, in duplicate, submitting each shipment of samples shall be mailed to the Director by the Contractor. Both the label on the sample and the letter of transmittal shall indicate the material represented, its place of origin, the names of the producer and the Contractor, the Specifications number and title, and a reference to the applicable Drawings and Specifications paragraphs. Page 65 of 121 C. Materials or equipment of which samples are required shall not be used on the Work until approval has been given by the Director in writing. Approval of any sample shall be only for the characteristics of the uses named in such approval and no other. No approval of a sample shall be taken in itself to change or modify any Contract requirement. D. Failure of any material to pass the specified tests, including life cycle maintenance data may be sufficient cause for refusal to consider under this Contract, any further sample of the same brand or make of that material. 8.05 ORDERING MATERIALS AND EQUIPMENT One copy of each of the Contractor's purchase orders for materials and equipment forming a portion of the Work must be furnished to the Director, if requested. Each such purchase order shall contain a statement that the materials and equipment included in the order are subject to inspection by the City. Materials and equipment purchased locally will, at the City’s discretion, be inspected at the point of manufacture or supply, and materials and equipment supplied from points outside the Los Angeles area will be inspected upon arrival at the job, except when other inspection requirements are provided for specific materials in other sections of the Contract Documents. 8.06 AUTHORITY OF THE DIRECTOR A. On all questions concerning the acceptability of materials or machinery, the classification of materials, the execution of the Work, and conflicting interests of Contractors performing related work, the decision of the Director shall be final and binding. B. The Director will make periodic observations of materials and completed work to observe their compliance with Drawings, Specifications, and design and planning concepts, but he/she is not responsible for the superintendence of construction processes, site conditions, operations, equipment, personnel, or the maintenance of a safe place to work or any safety in, on, or about the site of work. 8.07 INSPECTION All materials furnished and work done under this Contract will be subject to rigid inspection. The Contractor shall furnish, without extra charge, the necessary test pieces and samples, including facilities and labor for obtaining them, as requested by the Director. The Director, or his/her authorized agent or agents, at all times shall have access to all parts of the shop and the works where such materials under his/her inspection is being manufactured or the work performed. Work or material that does not conform to the Specifications, although accepted through oversight, may be rejected at any stage of the Work. Whenever the Contractor is permitted or directed to do night work or to vary the period during which work is carried on each day, he/she shall give the Director due notice, so that inspection may be provided. Such work shall be done under regulations to be furnished in writing by the Director. 8.08 INFRINGEMENT OF PATENTS The Contractor shall hold and save the City, its officers, agents, servants, and employees harmless from and against all and every demand or demands, of any nature or kind, for or on account of the use of any patented invention, process, equipment, article, or appliance employed in the execution of the Work or included in the materials or supplies agreed to be furnished under this Contract, and should the Contractor, his/her agents, servants, or employees, or any of them, be enjoined from furnishing or using any invention, process, equipment, article, materials, supplies or appliance supplied or required to be supplied or used under this Contract, the Contractor shall promptly substitute other inventions, processes, equipment, articles, materials, supplies, or Page 66 of 121 appliances in lieu thereof, of equal efficiency, quality, finish, suitability, and market value, and satisfactory in all respects to the Director. Or in the event that the Director elects, in lieu of such substitution, to have, supplied, and to retain and use, any such invention, process, equipment, article, materials, supplies, or appliances, as may by this Contract be required to be supplied and used, in that event the Contractor shall at his/her expense pay such royalties and secure such valid licenses as may be requisite and necessary to enable the City, its officers, agents, servants, and employees, or any of them, to use such invention, process, equipment, article, materials, supplies, or appliances without being disturbed or in way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse promptly to make the substitution hereinbefore required, or to pay such royalties and secure such licenses as may be necessary and requisite for the purpose aforesaid, then in that event the Director shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due the Contractor from the City, or recover the amount thereof from him/her and his/her surety, notwithstanding final payment under this Contract may have been made. [END OF ARTICLE] Page 67 of 121 ARTICLE 9 – SUBMITTALS 9.01 GENERAL A. The Contractor shall submit samples, drawings, and data for the Director's approval which demonstrate fully that the construction, and the materials and equipment to be furnished will comply with the provisions and intent of the Drawings and Specifications. B. Specific items to be covered by the submittals shall include, as a minimum, the following: 1. For structures, submit all shop, setting, equipment, miscellaneous iron and reinforcement drawings and schedules necessary. 2. For conduits, submit a detailed layout of the conduit with details of bends and fabricated specials and furnish any other details necessary. Show location of shop and field welds. 3. For equipment which requires electrical service, submit detailed information to show power supply requirements, wiring diagrams, control and protection schematics, shop test data, operation and maintenance procedures, outline drawings, and manufacturer's recommendation of the interface/interlock among the equipment. 4. For mechanical equipment submit all data pertinent to the installation and maintenance of the equipment including shop drawings, manufacturer's recommended installation procedure, detailed installation drawings, test data and curves, maintenance manuals, and other details necessary. 5. Samples 6. Colors 7. Substitutions 8. Manuals 9. As-built drawings 10. Safety plans required by Article 10 9.02 PRODUCT HANDLING A. Submittals shall be accompanied by a letter of transmittal and shall be in strict accordance with the provisions of this Article. B. Submit priority of processing when appropriate. 9.03 SCHEDULE OF SUBMITTALS A. The Contractor shall prepare and submit a schedule of submittals. The schedule of submittals shall be in the form of a submittal log. Refer to Paragraph 9.12. Page 68 of 121 9.04 SHOP DRAWINGS A. All shop drawings shall be produced to a scale sufficiently large to show all pertinent features of the item and its method of connection to the Work. B. All shop drawing prints shall be made in blue or black line on white background. Reproductions of City/Contract Drawings are not acceptable. C. The overall dimensions of each drawing submitted to the Director shall be equal to one of the City's standard sheet sizes as listed below. The title block shall be located in the lower right hand corner of each drawing and shall be clear of all line Work, dimensions, details, and notes. Sheet Sizes Height X Width 11" X 8 1/2" 11" X 17" 24" X 36" 30” X 42” 9.05 COLORS Unless the precise color and pattern are specified elsewhere, submit accurate color charts and pattern charts to the Director for his/her review and selection whenever a choice of color or pattern is available in a specified product. Label each chart naming the source, the proposed location of use on the project, and the project. 9.06 MANUFACTURERS' LITERATURE Where contents of submitted literature from manufacturers includes data not pertinent to the submittal, clearly show which portions of the contents are being submitted for review. 9.07 SUBSTITUTIONS A. The Contract is based on the materials, equipment, and methods described in the Contract Documents. Any Contractor proposed substitutions are subject to the Director’s approval. The Director will consider proposals for substitution of materials, equipment, and methods only when such proposals are accompanied by full and complete technical data, and all other information, including life cycle maintenance data, required by the Director to evaluate the proposed substitution. B. Any requests for substitutions by the Contractor must be made within forty-five (45) calendar days from the Issuance Date on the Notice to Proceed. Otherwise, such requests will not be considered. C. Trade names and "or approved equal" provision as set forth in Paragraph 8.03. 9.08 MANUALS A. When manuals are required to be submitted covering items included in this Work, prepare and submit such manuals in approximately 8-1/2" X 11" format in durable plastic binders. In addition, manuals shall be submitted in electronic format. Manuals shall contain at least the following: 1. Identification on, or readable through, the front cover stating general nature of the manual. Page 69 of 121 2. Neatly typewritten index near the front of the manual, furnishing immediate information as to location in the manual of all emergency data regarding the installation. 3. Complete instructions regarding operation and maintenance of all equipment involved. 4. Complete nomenclature of all replaceable parts, their part numbers, current cost, and name and address of nearest vendor of parts. 5. Copy of all guarantees and warranties issued. 6. Copy of drawings with all data concerning changes made during construction. B. Where contents of manuals include manufacturers' catalog pages, clearly indicate the precise items included in this installation and delete, or otherwise clearly indicate, all manufacturers' data with which this installation is not concerned. 9.09 AS-BUILT DRAWINGS A. When required to be submitted covering items included in this Work, the Contractor shall deliver to the City one complete set of final As-Built hard copy drawings together with a set of AutoCAD drawing files in electronic format showing completed building, “as-built” for City records before the Contract will be accepted by the City. B. The drawings shall be duplicates and at the same size and dimensional scale as the originals. They shall be on a polyester translucent base material with a minimum sheet thickness of .003 inch (.08mm). C. The legibility and contrast of each drawing submitted to the City shall be such that every line, number, letter, and character is clearly readable in a full size blow back from a 35 mm microfilm negative of the drawing. 9.10 SUBMITTALS QUANTITIES A. Submit seven (7) copies of all data and drawings unless specified otherwise. B. Submit all samples, unless specified otherwise, in the quantity to be returned, plus two, which will be retained by the Director. 9.11 IDENTIFICATION OF SUBMITTALS Completely identify each submittal and re-submittal by showing at least the following information: A. Name and address of submitter, plus name and telephone number of the individual who may be contacted for further information. B. Name of project as it appears in the Contract Documents and Specification No. C. Drawing number and Specifications section number other than this section to which the submittal applies. D. Whether this is an original submittal or re-submittal. E. For samples, indicate the source of the sample. Page 70 of 121 9.12 SCHEDULE OF SUBMITTALS A. Submit initial schedule of submittals within five (5) Working Days after the Issuance Date on Notice to Proceed. B. Submit revised schedule of submittals within five (5) Working Days after date of request from the Director. C. The Director will review schedule of submittals and will notify Contractor that schedule is acceptable or not acceptable within five (5) Working Days after receipt. 9.13 COORDINATION OF SUBMITTALS A. Prior to submittal for the Director’s review, use all means necessary to fully coordinate all material, including the following procedures: 1. Determine and verify all field dimensions and conditions, materials, catalog numbers, and similar data. 2. Coordinate as required with all trades and with all public agencies involved. 3. Secure all necessary approvals from public agencies and others and signify by stamp, or other means, that they have been secured. 4. Clearly indicate all deviations from the Specifications. B. Unless otherwise specifically permitted by the Director, make all submittals in groups containing all associated items; the Director may reject partial submittals as not complying with the provisions of the Specifications. 9.14 TIMING FOR SUBMITTALS A. Make all submittals far enough in advance of scheduled dates of installation to provide all required time for reviews, for securing necessary approvals, for possible revision and re-submittal, and for placing orders and securing delivery. B. In scheduling, allow at least 15 Working Days for the Director’s review, plus the transit time to and from the City office. C. Manuals shall be submitted prior to performing functional tests. 9.15 APPROVAL BY CITY A. Up to three (3) copies of each submittal, except manuals, schedule of costs for progress payments, and as-built drawings will be returned to the Contractor marked "No Exceptions Taken," “Make Corrections Noted - Do Not Resubmit,” or “Make Corrections Noted - Resubmit.” Manuals, schedule of costs, and as-built drawings will be returned for re-submittal if incomplete or unacceptable. B. Submittals marked "Approved as Noted" need not be resubmitted, but the notes shall be followed. C. If submittal is returned for correction, it will be marked to indicate what is unsatisfactory. Page 71 of 121 D. Resubmit revised drawings or data as indicated, in five (5) copies. E. Approval of each submittal by the Director will be general only and shall not be construed as: 1. Permitting any departures from the Specifications requirements. 2. Relieving the Contractor of the responsibility for any errors and omissions in details, dimensions, or of other nature that may exist. 3. Approving departures from additional details or instructions previously furnished by the Director. 9.16 CHANGES TO APPROVED SUBMITTALS A. A re-submittal is required for any proposed change to an approved submittal. Changes which require re-submittal include, but are not necessarily limited to, drawing revisions, changes in materials and equipment, installation procedures and test data. All re-submittals shall include an explanation of the necessity for the change. B. Minor corrections to an approved submittal may be accomplished by submitting a "Corrected Copy". [END OF ARTICLE] Page 72 of 121 ARTICLE 10 – SAFETY 10.01 PROTECTION OF PERSONS AND PROPERTY A. Contractor's Responsibility: Notwithstanding any other provision of the Contract Documents, the Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property, during performance of the Work. This requirement will apply continuously and will not be limited to normal working hours. Safety and sanitary provisions shall conform to all applicable Federal, State, County, and local laws, regulations, ordinances, standards, and codes. Where any of these are in conflict, the more stringent requirement shall be followed. B. Sanitary Facilities. The Contractor shall furnish and maintain sanitary facilities by the worksites for the entire construction period. C. Protection of the Public. The Contractor shall take such steps and precautions as his/her operations warrant to protect the public from danger, loss of life, loss of property or interruption of public services. Unforeseen conditions may arise which will require that immediate provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the Director, a condition exists which the Contractor has not taken sufficient precaution of public safety, protection of utilities and/or protection of adjacent structures or property, the Director will order the Contractor to provide a remedy for the condition. If the Contractor fails to act on the situation within a reasonable time period as determined by the Director, or in the event of an emergency situation, the Director may provide suitable protection by causing such work to be done and material to be furnished as, in the opinion of the Director, may seem reasonable and necessary. The cost and expense of all repairs (including labor and materials) as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the final payment due to the Contractor. 10.02 PROTECTION FROM HAZARDS A. Trench Excavation Excavation for any trench four (4) feet or more in depth shall not begin until the Contractor has received approval from the Director of the Contractor's detailed plan for worker protection from the hazards of caving ground during the excavation of such trench. Such plan shall show the details of the design of shoring, bracing, sloping or other provisions to be made for worker protection during such excavation. No such plan shall allow the use of shoring, sloping or protective system less effective than that required by the Construction Safety Orders of the Division of Occupational Safety and Health, and if such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared and signed by an engineer who is registered as a Civil or Structural Director in the State of California. B. Confined Spaces Contractor shall comply with all of the provisions of General Industry Safety Orders of the California Code of Regulations. Entry of a confined space shall not be allowed until the Contractor has received approval from the Director of the Contractor’s program for confined space entry. Confined space means a space that (1) Is large enough and so configured that an employee can bodily enter and perform assigned Work; and (2) Has limited or restricted means for entry or exit (for example, tanks, vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry); and (3) Is not designed for continuous employee occupancy. Failure to submit a confined space entry program Page 73 of 121 may result in actions as provided in Article 5: “Suspension or Termination of Contract.” C. Material Safety Data Sheet Contractor shall comply with all of the provisions of General Industry Safety Orders of the California Administrative Code. The Contractor shall submit to the Director a Material Safety Data Sheet (MSDS) for each hazardous substance proposed to be used, ten (10) days prior to the delivery of such materials to the job site or use of such materials at a manufacturing plant where the Director is to perform an inspection. For materials which are to be tested in City laboratories, the MSDS shall be submitted with the sample(s). Hazardous substance is defined as any substance included in the list (Director's List) of hazardous substances prepared by the Director, California Department of Industrial Relations, pursuant to Labor Code Section 6382. Failure to submit an MSDS for any hazardous substance may result in actions as provided in Article 5, "Suspension or Termination of Contract". 10.03 DIFFERING SITE CONDITIONS A. Differing Site Conditions Defined. The Contractor shall promptly, and before such conditions are disturbed, notify the Director in writing of any Differing Site Conditions. Differing Site Conditions are those conditions, located at the project site or in existing improvements and not otherwise ascertainable by Contractor through the exercise of due diligence in the performance of its inspection obligations in the Contract Documents, encountered by Contractor in digging trenches or other excavations(s) that extend deeper than four feet below the surface of the ground that constitute: 1. Material that the Contractor believes may be material that is hazardous waste as defined in Section 25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. 2. Subsurface or latent physical conditions at the site differing materially from those indicated in these Contract Documents. 3. Unknown physical conditions at the site, of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in these Contract Documents. B. Notice by Contractor. If the Contractor encounters conditions it believes constitute Differing Site Conditions, then notice of such conditions shall, before such conditions are disturbed, be promptly reported to the Director followed within twenty-four (24) hours by a further written notice stating a detailed description of the conditions encountered. C. The Director will promptly investigate the conditions and If he/she finds that such conditions do materially differ, or do involve hazardous waste, and do cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work under this Contract, an equitable adjustment will be made, as determined by the Director. D. Change Order Request. If Contractor intends to seek an adjustment to the Contract Sum or Contract Time based upon Differing Site Conditions, it must, within ten (10) Days after the Discovery Date relative to such conditions, submit a Change Order Request setting forth a detailed cost breakdown and Time Impact Analysis, in the form required by Article 6 of these General Conditions, of the additional Allowable Costs and Excusable Delay resulting from such Differing Site Conditions. E. Failure to Comply. Failure by Contractor to strictly comply with the requirements of this Paragraph Page 74 of 121 10.03 concerning the timing and content of any notice of Differing Site Conditions or request for adjustment in Contract Sum or Contract Time based on Differing Site Conditions shall be deemed waiver of any right by the Contractor for an adjustment in the Contract Sum or Contract Time by reason of such conditions. F. Final Completion. No claim by the Contractor for additional compensation for Differing Site Conditions shall be allowed if asserted after Final Payment. G. In the event of disagreement between the Contractor and the Director whether the conditions do materially differ or whether a hazardous waste is involved or whether the conditions cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any completion date required by the Contract, but shall proceed with all Work to be performed under the Contract Documents. H. The Contractor shall retain all rights provided by, and shall be subject to all requirements of, this Contract which pertain to the resolution of disputes and protests. I. Contractor Responsibility. Except as otherwise provided in this Paragraph 10.03 for Differing Site Conditions, Contractor agrees to solely bear the risk of additional cost and Delay due to concealed or unknown conditions, surface or subsurface, at the Site or in Existing Improvements, without adjustment to the Contract Sum or Contract Time. 10.04 TRAFFIC REGULATION A. During the performance of the Work the Contractor shall erect and maintain necessary temporary fences, bridges, railings, lights, signals, barriers, or other safeguards as shall be appropriate under the circumstance in his/her judgment for the prevention of accidents; and he/she shall take other precautions as necessary for public safety including, but not limited to, traffic control. Traffic control shall be conducted in accordance with the latest edition of the Work Area Traffic Control (“WATCH”) handbook, published by BNi Books, and as directed and approved by the City Traffic and Transportation Administrator. B. Contractor shall submit at least ten (10) Working Days prior to Work a detailed traffic control plan, that is approved by all agencies having jurisdiction and that conforms to all requirements of the Specifications. C. No changes or deviations from the approved detailed traffic control plan shall be made, except temporary changes in emergency situations, without prior approval of the City Traffic and Transportation Administrator and all agencies having jurisdiction. Contractor shall immediately notify the Director, the City Traffic and Transportation Administrator and the agencies having jurisdiction of occurrences that necessitate modification of the approved traffic control plan. D. Contractor’s failure to comply with this provision may result in actions as provided in Article 5: “Suspension or Termination of Contract” of these General Conditions. 10.05 TRAFFIC CONTROL DEVICES A. Traffic signs, flashing lights, barricades and other traffic safety devices used to control traffic shall Page 75 of 121 conform to the requirements of the WATCH handbook or the manual of traffic control, whichever is more stringent, and as approved by the City Traffic and Transportation Administrator. 1. Portable signals shall not be used unless permission is given in writing by the agency having jurisdiction. 2. Warning signs used for nighttime conditions shall be reflectorized or illuminated. "Reflectorized signs" shall have a reflectorized background and shall conform to the current State of California Department of Transportation specification for reflective sheeting on highway signs. B. If the Contractor fails to provide and install any of the signs or traffic control devices required herby or ordered by the City staff, staff may cause such signs or traffic control devices to be placed by others, charge the costs therefore against the Contractor, and deduct the same from the next progress payment. 10.06 EXECUTION A. The Contractor shall provide written notification to the Police Department, Traffic Bureau (323) 587- 5171, at least two (2) weeks prior to the beginning of construction at any particular location. Notification will include the specific location, project dates, what lanes of the roadway will be closed and when. Also the construction project manager’s name and business phone number and the construction inspector’s name and business phone number. B. The Contractor shall notify, by telephone, the Police Department, (323) 587-5171 at the completion of any posting of temporary no parking signs. Notification will include the times, dates and locations of the posting. When vehicles must be towed for violation of temporary no parking signs, the person who actually posted the signs, or on-view supervisor of that posting, will be present to answer pertinent questions that may be asked by the parking enforcement officer or police officer towing the vehicles. C. The Contractor shall notify the Fire Department, on a daily basis during the entire period that construction is in progress whenever roadways are reduced in width or blocked. Notification shall be made to the Fire Dispatch (323) 881-6183 and the Contractor shall provide the information required to identify which roadways would have accessibility problems due to his/her operations. The Contractor shall submit to Fire Department schedule of Work for their use and files. D. Roads subject to interference from the Work covered by this Contract shall be kept open, and the fences subject to interference shall be kept up by the Contractor until the Work is finished. Except where public roads have been approved for closure, traffic shall be permitted to pass through designated traffic lanes with as little inconvenience and delay as possible. E. Where alternating one-way traffic has been authorized, the maximum time that traffic will be delayed shall be posted at each end of the one-way traffic section. The maximum delay time shall be approved by the agency having jurisdiction. F. Contractor shall install temporary traffic markings where required to direct the flow of traffic and shall maintain the traffic markings for the duration of need. Contractor shall remove the markings by abrasive blasting when no longer required. G. Convenient access to driveways and buildings in the vicinity of Work shall be maintained as much as Page 76 of 121 possible. Temporary approaches to, and crossing of, intersecting traffic lanes shall be provided and kept in good condition. H. When leaving a Work area and entering a roadway carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. 10.07 FLAGGING A. Contractor shall provide flaggers to control traffic where required by the approved traffic control plan. 1. Flaggers shall perform their duties and shall be provided with the necessary equipment in accordance with the current "Instructions to Flaggers" of the California Department of Transportation. 2. Flaggers shall be employed full time on traffic control and shall have no other duties. 10.08 PEDESTRIAN CANOPIES OR BARRICADE IMPROVEMENTS Refer to City of Vernon for requirements for building or access road safety improvements that the Contractor shall construct during construction period. These devices or improvements, as the City deems necessary or prudent, shall be at the expense of the Contractor. [END OF ARTICLE] Page 77 of 121 ARTICLE 11 - INDEMNITY 11.01 INDEMNITY To the maximum extent permitted by law, the Contractor shall fully indemnify, hold harmless, protect, and defend the City, its officers, employees, agents, representatives and their successors and assigns (“Indemnitees”) from and against any and all demands, liability, loss, suit, claim, action, cause of action, damage, cost, judgment, settlement, decree, arbitration award, stop notice, penalty, loss of revenue, and expense (including any fees of accountants, attorneys, experts or other professionals, and costs of investigation, mediation, arbitration, litigation and appeal), in law or in equity, of every kind and nature whatsoever, arising out of or in connection with, resulting from or related to, or claimed to be arising out of the Work performed by Contractor, or any of its officers, agents, employees, Subcontractors, Sub-Subcontractors, design consultants or any person for whose acts any of them may be liable, regardless of whether such claim, suit or demand is caused, or alleged to be caused, in part, by an Indemnitee, including but not limited to: A. Bodily injury, emotional injury, sickness or disease, or death to any persons; B. Infringement of any patent rights, licenses, copyrights or intellectual property which may be brought against the Contractor or City arising out of Contractor’s Work, for which the Contractor is responsible; C. Stop notices and claims for labor performed or materials used or furnished to be used in the Work, including all incidental or consequential damages resulting to City from such stop notices and claims; D. Failure of Contractor or its Subcontractors to comply with the provisions for insurance; E. Failure to comply with any Governmental Approval or similar authorization or order; F. Misrepresentation, misstatement, or omission with respect to any statement made in or any document furnished by the Contractor in connection therewith; G. Breach of any duty, obligation, or requirement under the Contract Documents; H. Failure to provide notice to any Party as required under the Contract Documents; I. Failure to protect the property of any utility provider or adjacent property owner; or J. Failure to make payment of all employee benefits. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees, except that, to the limited extent mandated by California Civil Code Section 2782, the Contractor shall not be responsible for liabilities which arise from the sole negligence or willful misconduct of Indemnitees or arise from the active negligence of City. 11.02 ENFORCEMENT Contractor’s obligations under this Article extend to claims occurring after termination of the Contractor’s performance of the Contract or Final Payment to Contractor. The obligations apply regardless of any actual or alleged negligent act or omission of Indemnitees. Contractor, however, shall not be obligated under this Agreement to indemnify an Indemnitee for claims arising from the sole active negligence or willful misconduct of the Indemnitee or independent contractors who are directly responsible to Indemnitees. Contractor’s obligations under this Article are in addition to any other rights or remedies which the Indemnitees may have under the law Page 78 of 121 or under the Contract Documents. In the event of any claim, suit or demand made against any Indemnitees, the City may in its sole discretion reserve, retain or apply any monies due to the Contractor under the Contract for the purpose of resolving such claims; provided, however, that the City may release such funds if the Contractor provides the City with reasonable assurance of protection of the City’s interests. The City shall in its sole discretion determine whether such assurances are reasonable. 11.03 NO LIMITATIONS Contractor’s indemnification and defense obligations set forth in this Article are separate and independent from the insurance provisions set forth in Article 12 herein; and do not limit, in any way, the applicability, scope, or obligations set forth in those insurance provisions. In claims, suits, or demands against any Indemnitee by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the Contractor’s indemnification and defense obligations shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefits acts, or other employee benefits acts. [END OF ARTICLE] Page 79 of 121 ARTICLE 12 – INSURANCE 12.01 CONDITION TO COMMENCEMENT Contractor shall not commence Work under this Contract until Contractor has obtained all insurance required hereunder from a company or companies acceptable to City, nor shall the Contractor allow any Subcontractor to commence Work on a subcontract until all insurance required of said Subcontractor has been obtained. Proof of insurance including insurance certificates and endorsements as set forth in Exhibit A4 must be submitted by the Contractor prior to the City’s execution of the Contract. 12.02 MINIMUM COVERAGE AND LIMITS Contractor shall maintain the insurance coverage as set forth in Exhibit A4 throughout the term of the Contract. 12.03 CONDITIONS REGARDING INSURANCE COVERAGE AND LIMITS City and Contractor agree as follows: A. All insurance coverage and limits provided pursuant to the Contract Documents shall apply to the full extent of the policies involved, available or applicable. Nothing contained in the Contract Documents or any other agreement relating to City or its operations limits the application of such insurance coverage. B. None of the policies required by this Contract shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing by the City’s Risk Manager. 12.04 INSURANCE OBLIGATION IS SEPARATE FROM INDEMNITY OBLIGATION This Agreement’s insurance provisions: A. Are separate and independent from the indemnification and defense provisions in Article 12 of the Agreement; and B. Do not limit, in any way, the applicability, scope, or obligations of the indemnification and defense provisions in Article 12 of the Agreement. [END OF ARTICLE] Page 80 of 121 ARTICLE 13 – BONDS 13.01 REQUIRED BONDS A. Contractor shall furnish the following bonds: 1. A Performance Bond in an amount equal to one hundred percent (100%) of the total Contract price in the form shown in Exhibit "A1" attached hereto. 2. A Payment Bond (Labor and Material) in an amount equal to one hundred percent (100%) of the total Contract price in the form shown in Exhibit "A2" attached hereto. 3. A Maintenance Bond in an amount equal to ten percent (10%) of the total Contract price in the form shown in Exhibit "A3" attached hereto. 13.02 POWER OF ATTORNEY All bonds shall be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond on behalf of Surety shall be acknowledged by a Notary Public as the signature of the person designated in the power of attorney. 13.03 APPROVED SURETY All bonds must be issued by a California admitted surety insurer with the minimum A.M Best Company Financial strength rating of “A: VII”, or better. Bonds issued by a California admitted surety not listed on Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. Bonds issue d from admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660. All such bonds must be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond on behalf of Surety must be acknowledged by a Notary Public as the signature of the person designated in the power of attorney. 13.04 REQUIRED PROVISIONS Every bond must display the surety’s bond number and incorporate the Contract for construction of the Work by reference. The terms of the bonds shall provide that the surety agrees that no change, extension of time, alteration, or modification of the Contract Documents or the Work to be performed thereunder shall in any way affect its obligations and shall waive notice of any such change, extension of time, alteration, or modification of the Contract Documents. 13.05 NEW OR ADDITIONAL SURETIES If, during the continuance of the Contract, any of the sureties, in the opinion of the City, are or become non- responsible or otherwise unacceptable to City, City may require other new or additional sureties, which the Contractor shall furnish to the satisfaction of City within ten (10) days after notice, and in default thereof the Contract may be suspended and the materials may be purchased or the Work completed as provided in Article 5 herein. Page 81 of 121 13.06 WAIVER OF MODIFICATIONS AND ALTERATIONS No modifications or alterations made in the Work to be performed under the Contract or the time of performance shall operate to release any surety from liability on any bond or bonds required to be given herein. Notice of such events shall be waived by the surety. 13.07 APPROVAL OF BONDS The Contract will not be executed by City nor the Notice to Proceed issued until the required bonds have been received and approved by City. City's decision as to the acceptability of all sureties and bonds is final. No substitution of the form of the documents will be permitted without the prior written consent of City. [END OF ARTICLE] Page 82 of 121 ARTICLE 14 - LABOR PROVISIONS 14.01 WORKING HOURS A. Work or activity of any kind shall be limited to the hours from 7:00 a.m. to 7:00 p.m. No construction noise shall be permitted between the hours of 7:00 p.m. and 7:00 a.m. of the next day. B. Work in excess of eight (8) hours per day, on Saturdays, Sundays, or on City holidays requires prior consent of the Director and is subject to Cost of Overtime Construction Inspection. C. Night, Sunday and Holiday Work. No Work shall be performed at night, Sunday, or the ten (10) legal holidays to wit: New Year’s Day, Martin Luther King, Jr. Day, President’s Day, Cesar Chavez Day, Memorial Day, Independence Day, Labor Day, Indigenous People’s Day, Veteran’s Day, Thanksgiving Day, Christmas Eve, Christmas Day and New Year’s Eve, except Work pertaining to the public safety or with the permission of the Director, and accordance with such regulations as he/she shall furnish in writing. Before performing any Work at said times, except Work pertaining to the public safety, the Contractor shall give written notice to the Director so that proper inspection may be provided. “Night” as used in this paragraph shall be deemed to include the hours from 7:00 P.M. to 7:00 A.M. of the next succeeding day. 14.02 COST OF OVERTIME CONSTRUCTION SERVICES AND INSPECTIONS A. Overtime construction Work performed at the option of, or for the convenience of, the Contractor will be inspected by the City at the expense of the Contractor. For any such overtime beyond the regular 8-hour day and for any time worked on Saturday, Sunday, or holidays the charges will be determined by the City, and submitted to the Contractor for payment. B. Equipment, materials, or services provided by the City, in connection with Contractor-initiated overtime construction Work described in Paragraph 14.02(A), will also be at the expense of the Contractor. The charges will be determined by the City, and submitted to the Contractor for payment. C. There will be no charges to the Contractor for the inspection of overtime Work ordered by the Director or required by the Contract Documents. 14.03 COMPLIANCE WITH STATE LABOR CODE A. Contractor shall comply with the provisions of the Labor Code of the State of California and any amendments thereof. 1. The time of service of any worker employed upon the Work shall be limited and restricted to eight (8) hours during any one-calendar day, and 40 hours during any one-calendar week. 2. Work performed by employees of the Contractor in excess of eight (8) hours per day, and 40 hours during any one calendar week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half times the basic rate of pay. 3. The Contractor and every Subcontractor shall keep an accurate record showing the name of and the actual hours worked each calendar day and each calendar week by each worker employed by him/her in connection with the Work; the record shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Standards Enforcement of the State of California. Page 83 of 121 4. In the event City deems Contractor is in violation of this Paragraph 14.03, the Contractor shall, as a penalty, forfeit Fifty Dollars ($50.00) for each worker employed in the execution of the Contract by the Contractor or by any Subcontractor for each calendar day for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages. For each subsequent violation, a (one hundred dollar) $100 penalty shall apply for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to cover underpaid wages. This subparagraph is effective to the extent it does not directly conflict with the overtime penalty provision of California Labor Code Section 558. In the event of such conflict, the California Labor Code governs over this Paragraph 14.03(A)(4). 14.04 WAGE RATES A. Prevailing Wages 1. Contractor shall comply with the general prevailing rates of per diem wages and the general prevailing rates for holiday and overtime Work in the locality in which the Work is to be performed, for each craft, classification, or type of worker needed to execute the Contract. The Director of the Department of Industrial Relations of the State of California (pursuant to California Labor Code) and the United States Secretary of Labor (pursuant to the Davis-Bacon Act) have determined the general prevailing rates of wages in the locality in which the Work is to be performed. The rates are available online at www.dir.ca.gov/DLSR/PWD/. To the extent that there are any differences in the federal and state prevailing wage rates for similar classifications of labor, the Contractor and its Subcontractors shall pay the highest wage rate. 2. The Contractor shall post a copy of the general prevailing rate of per diem wages at the job site. 3. The Contractor and any Subcontractor under him/her shall pay not less than the specified prevailing rate of wages to all workers employed in the execution of the Contract. 4. The holidays upon which such rates shall be paid shall be all holidays recognized in the collective bargaining Contract applicable to the particular craft, classification, or type of worker employed on the project. 5. The Contractor shall, as a penalty to the State or the City, forfeit not more than Fifty Dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates for the Work or craft in which the worker is employed under the Contract by the Contractor or by any Subcontractor under him. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which such worker was paid less than the stipulated prevailing wage rate shall be paid to such worker by the Contractor. 6. The specified wage rates are minimum rates only and the City will not consider and shall not be liable for any claims for additional compensation made by the Contractor because of payment by him/her of any wage rate in excess of the general prevailing rates. All disputes in regard to the payment of wages in excess of those specified herein shall be adjusted by the Contractor at his/her own expense. B. Payroll Records 1. Pursuant to California Labor Code Section 1776, the Contractor and each Subcontractor shall keep an accurate payroll record, showing the name, address, social security number, Work classification, straight time and overtime hours worked each day and week, and the actual per Page 84 of 121 diem wages paid to each journeyman, apprentice, worker or other employee employed in connection with the Work. The payroll records shall be certified and shall be available for inspection. 2. The Contractor shall inform the City of the location of the payroll records, including the street address, city and county, and shall, within five (5) Working Days, provide a notice of change in location and address. 3. Upon request by the Director, the Contractor shall provide a copy of the certified payroll records along with a statement of compliance. 14.05 APPRENTICESHIP STANDARDS A. Compliance with California Labor Code Section 1777.5 requires all public works contractors and subcontractors to: 1. Prior to commencing work on a public works contract, submit Contract Award information to the applicable joint apprenticeship committee, including an estimate of the journeyman hours to be performed under the Contract, the number of apprentices to be employed, and the approximate dates the apprentices will be employed. Use Form DAS-140 from the State Department of Industrial Relations. The City reserves the right to require Contractor and Subcontractors to submit a copy of said forms to the City. 2. Employ apprentices for the public work at a ratio of no less than one (1) hour or apprentice work for every five (5) hours or labor performed by a journeyman. To request dispatch of apprentices, use Form DAS-142 from the State Department of Industrial Relations. The City reserves the right to require Contractor and Subcontractors to submit a copy of said forms to the City. 3. Pay the apprentice rate on public works projects only to those apprentices who are registered, as defined in Labor Code Section 3077. 4. Contribute to the training fund in the amount identified in the Prevailing Wage Rate publication for journeyman and apprentices. Contractors who choose not to contribute to the local training trust fund must make their contributions to the California Apprenticeship Council, P.O. Box 420603, San Francisco, CA 94142. B. Failure to comply with the provisions of California Labor Code Section 1777.5 may result in the loss of the right to bid or perform work on all public works projects for a period of one to three years and the imposition of a civil penalty of One Hundred Dollars ($100.00) for each calendar day of noncompliance for the first violation and up to Three Hundred Dollars ($300.00) for each calendar day of noncompliance for a second or subsequent violation. Contractor should make a separate copy of this material for each of his/her Subcontractors. C. Payroll Records. The Contractor and each Subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman apprentice, worker or other employee employed in connection with the work. The payroll records shall be certified and shall be submitted to the Project Manager every two weeks. Page 85 of 121 D. Statement of Employer Fringe Benefit Payments. Within five (5) calendar days of signing the Contract or Subcontract, as applicable, the Statement of Employer Payments (DLSE Form PW 26 from the State Department of Industrial Relations) shall be completed for each Contractor and Subcontractor of any tier who pays benefits to a third party trust, plan or fund for health and welfare benefits, vacation funds or makes pension contributions. The form must contain, for each worker classification, the fund, plan or trust name, address, administrator, the amount per hour contributed and the frequency of contributions. Training fund contributions shall also be reported in this form. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City. 14.06 EMPLOYMENT OF APPRENTICES A. In the performance of this Contract, the Contractor and any Subcontractor shall comply with the provisions concerning the employment of apprentices in the Labor Code of the State of California and any amendments thereof. B. In the event the Contractor or any Subcontractor willfully fails to comply with the aforesaid provisions of the Labor Code, such Contractor or Subcontractor shall be subject to the penalties for noncompliance in the Labor Code of the State of California and any amendments thereof. 14.07 REGISTRATION WITH THE STATE DEPARTMENT OF INDUSTRIAL RELATIONS In the performance of this Contract, Contractor and/or any Subcontractor must be currently registered and qualified (including payment of any required fee) with the State Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the State Department of Industrial Relations. 14.08 CHARACTER OF WORKERS The Contractor shall not allow his/her agents or employees, Subcontractors, or any agent or employee thereof, to trespass on premises or lands in the vicinity of the Work. Only skilled foremen and workers shall be employed on Work requiring special qualifications, and when required by the Director, the Contractor shall discharge any person who commits trespass, or in the opinion of the Director, acts in a disorderly, dangerous, insubordinate, incompetent, or otherwise objectionable manner. Any employee being intoxicated or bringing or having intoxicating liquors or controlled substances on the Work shall be discharged. Such discharge shall not be the basis of any claim for compensation of damages against the City or any of its officers, agents, and employees. 14.09 NO SMOKING – STATE LABOR CODE SECTION 6404.5 The Contractor and its agents, employees, Subcontractors, representatives, and any person under Contractor’s control, are prohibited from smoking in— or within a 20-foot distance from— the Site, which is a "place of employment" under California Labor Code § 6404.5. [END OF ARTICLE] Page 86 of 121 ARTICLE 15 - DISPUTE RESOLUTION 15.01 SUBMISSION OF CLAIMS A. By Contractor Contractor’s right to commence the Claims Dispute Resolution Process shall arise upon the Director’s written response denying all or part of a Claim. Contractor shall submit a written Statement of Dispute to the Director within seven (7) Days after the Director rejects all or a portion of Contractor’s Claim. Contractor’s Statement of Dispute shall be signed under penalty of perjury and shall state with specificity the events or circumstances giving rise to the Claim, the dates of their occurrence and the effect, if any, on the compensation due or performance obligations of Contractor under the Construction Contract. Such Statement of Dispute shall include adequate supporting data to substantiate the disputed Claim. Adequate supporting data for a Claim relating to the adjustment of the Contractor’s obligations relative to time of performance shall include a detailed, event-by-event description of the impact of each delay on Contractor’s time for performance. Adequate supporting data to a Statement of Dispute submitted by Contractor involving Contractor’s compensation shall include a detailed cost breakdown and supporting cost data in such form and including such detailed information and other supporting data as required to demonstrate the grounds for, and precise amount of, the Claim. B. By City City’s right to commence the Claims Dispute Resolution Process shall arise at any time following the City’s actual discovery of the circumstances giving rise to the Claim. Nothing contained herein shall preclude City from asserting Claims in response to a Claim asserted by Contractor. A Statement of Dispute submitted by City shall state the events or circumstances giving rise to the Claim, the dates of their occurrence and the damages or other relief claimed by City as a result of such events. C. Claims Defined The term “claims” as used herein shall be as defined in California Public Contract Code § 20104(b)(2). 15.02 CLAIMS DISPUTE RESOLUTION PROCESS The parties shall utilize each of the following steps in the Claims Dispute Resolution Process in the sequence they appear below. Each party shall participate fully and in good faith in each step in the Claims Dispute Resolution Process, which good faith effort shall be a condition precedent to the right of each party to proceed to the next step in the Claims Dispute Resolution Process. A. Direct Negotiations Designated representatives of City and Contractor shall meet as soon as possible (but not later than ten (10) Days after receipt of the Statement of Dispute) in a good faith effort to negotiate a resolution to the Claim. Each party shall be represented in such negotiations by an authorized representative with full knowledge of the details of the Claim or defenses being asserted by such party, and with full authority to resolve such Claim then and there, subject only to City’s right and obligation to obtain City Council [or other City official] approval of any agreed settlement or resolution. In the Claim involves the assertion of a right or claim by a Subcontractor against Contractor that is in turn being asserted by Contractor against City, then such Subcontractor shall also have a representative attend such negotiations, with the same authority and knowledge as just described. Upon completion of the meeting, if the Claim is not resolved, the parties may either continue the negotiations or either party Page 87 of 121 may declare negotiations ended. All discussions that occur during such negotiations and all documents prepared solely for the purpose of such negotiations shall be confidential and privileged pursuant to California Evidence Code Sections 1119 and 1152. B. Deferral of Claims Following the completion of the negotiations required by Paragraph 15.02-A., all unresolved Claims, except those that do not involve parties other than the Contractor and City, shall be deferred pending Final Completion of the Work, subject to City’s right, in its sole and absolute discretion, to require that the claims Dispute Resolution Process proceed prior to Final Completion. In the event that City does not elect to proceed with the Claims Dispute Resolution Process prior to Final Completion of the Work, all Claims that have been deferred until such Final Completion shall be consolidated within a reasonable time after such Final Completion and thereafter pursued to resolution pursuant to the Claims Dispute Resolution Process. Nothing contained in this Article 15 shall be interpreted as limiting the parties’ rights to continue informal negotiations of Claims that have been deferred until such Final Completion; provided, however, that such informal negotiations shall not be interpreted as altering the provisions of this Article 15 deferring final determination and resolution of unresolved Claims until after Final Completion of the Work. C. Legal Proceedings If the Claim is not resolved by direct negotiations then the party wishing to further pursue resolution or determination of the Claim shall submit the Claim for determination by commencing legal proceedings in a court of competent jurisdiction. 15.03 NO WAIVER Participation in the Claims Dispute Resolution Process shall not constitute a waiver, release or compromise of any defense of either party, including, without limitation, any defense based on the assertion that the rights of Contractor that are the basis of a Claim were previously waived by Contractor due to failure to comply with the Contract Documents, including, without limitation, Contractor’s failure to comply with any time periods for providing notices or for submission or supporting documentation of Claims. [END OF ARTICLE] Page 88 of 121 ARTICLE 16 - ACCOUNTING RECORDS 16.01 MAINTENANCE OF RECORDS Contractor shall keep, and shall include in its contracts with its Subcontractors, provisions requiring its Subcontractors to keep full and detailed books and records in accordance with the requirements of the Contract Documents, including the following: all information, materials and data of every kind and character (hard copy, as well as computer readable data if it exists), that have any bearing on or pertain to any matters, rights, duties or obligations relating to the Project or the performance of the Work, including, without limitation, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, change orders, change order requests, estimates, field orders, schedules, diaries, logs, reports, shop drawings, samples, exemplars, Drawings, Specifications, invoices, delivery tickets, receipts, vouchers, cancelled checks, memoranda; accounting records; job cost reports; job cost files (including complete documentation covering negotiated settlements); backcharge; general ledgers; documentation of cash and trade discounts earned; insurance rebates and dividends, and other documents relating in way to Claims or Change Orders, Construction Change Directives, Work Directives, or other claims for payment related to the Project asserted by Contractor or any Subcontractor (“Accounting Records”). Contractor shall exercise such controls as may be necessary for proper financial management of the Work. Such accounting and control systems shall comply with prevailing custom and practice for similar projects, be satisfactory to City and shall include preservation of such records for a period of five (5) years after approval of the Notice of Completion and Acceptance by City, or for such longer period as may be required by applicable laws. 16.02 ACCESS TO RECORDS Contractor shall allow, and shall include in its contracts with its Subcontractors provisions requiring its Subcontractors to allow, City and its authorized representative(s), auditors, attorneys and accountants, upon twenty-four (24) hours notice to Contractor, full access to inspect and copy all books and records relating to the Project that Contractor is required to maintain pursuant to Paragraph 16.01, above. 16.03 CONTRACTOR NONCOMPLIANCE, WITHHOLDING Contractor's compliance with Paragraphs 16.01 and 16.02, above, shall be a condition precedent to maintenance of any legal action or arbitration by Contractor against City. In addition to and without limitation upon City's other rights and remedies for breach, including any other provisions for withholding set forth in the Contract Documents, City shall have the right, exercised in its sole discretion, to withhold from any payment to Contractor due under a current Application for Payment an additional sum of up to ten percent (10%) of the total amount set forth in such Application for Payment, until Contractor and its Subcontractors have complied with any outstanding and unsatisfied request by City under this Article 16. Upon such compliance with this Article 16, any additional monies withheld pursuant to this Paragraph 16.03 shall be released to Contractor. 16.04 SPECIFIC ENFORCEMENT BY CITY Contractor agrees that any failure by Contractor or any Subcontractor to provide access to its books and records as required by this Article 16 shall be specifically enforceable, by issuance of a preliminary and/or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court and without the necessity of oral testimony, to compel Contractor to permit access, inspection, audits and/or reproduction of such books and records or to require delivery of such books and records to City for inspection, audit and/or reproduction. [END OF ARTICLE] Page 89 of 121 ARTICLE 17-MISCELLANEOUS PROVISIONS 17.01 COMPLIANCE WITH APPLICABLE LAWS A. Notices, Compliance Contractor shall give all notices required by governmental authorities and comply with all applicable laws and lawful orders of governmental authorities, including but not limited to the provisions of the California Code of Regulations applicable to contractors performing construction and all laws, ordinances, rules, regulations and lawful orders relating to safety, prevailing wage and equal employment opportunities. B. Taxes, Employee Benefits Contractor shall pay at its own expense, at no cost to the City and without adjustment to the Contract Sum, all local, state and federal taxes, including, without limitation all sales, consumer, business license, use and similar taxes on materials, labor or other items furnished for the Work or portions thereof provided by Contractor or Subcontractors, all taxes arising out of its operations under the Contract Documents and all benefits, insurance, taxes and contributions for social security and unemployment insurance which are measured by wages, salaries or other remuneration paid to Contractor's employees. If under federal excise tax law any transaction hereunder constitutes a sale on which a federal excise tax is imposed and the sale is exempt from such excise tax because it is a sale to meat for its exclusive use, then City, upon request, will execute documents necessary to show that is a political subdivision of the State for the purposes of such exemption and that the sale is for the exclusive use of the City, in which case no excise tax for such materials shall be included in the Bid or Contract Sum. C. Notice of Violations Contractor shall immediately notify the City and Director in writing of any instruction received from the City, Director, Architect or other person or entity that, if implemented, would cause a violation of any applicable law or lawful order of a governmental authority. If Contractor fails to provide such notice, then Director shall be entitled to assume that such instruction is in compliance with applicable laws and lawful orders of governmental authorities. If Contractor observes that any portion of the Drawings and Specifications or Work are at variance with applicable laws or lawful orders of governmental authorities, or should Contractor become aware of conditions not covered by the Contract Documents which will result in Work being at variance therewith, Contractor shall promptly notify Director in writing. If, without such notice to Director, Contractor or any Subcontractor performs any Work which it knew, or through the exercise of reasonable care should have known, was contrary to lawful orders of governmental authorities or applicable laws, then Contractor shall bear all resulting losses at its own expense, at no cost to City and without adjustment to the Contract Sum. 17.02 OWNERSHIP OF DESIGN DOCUMENTS A. Property of City All Design Documents, Contract Documents and Submittals (including, without limitation, all copies thereof) and all designs and building designs depicted therein are and shall remain the sole and exclusive property of the City and the City shall solely and exclusively hold all copyrights thereto. Without derogation the City’s rights under this Paragraph, the Contractor and Subcontractors are Page 90 of 121 granted a limited, non-exclusive license, revocable at will of City, to use and reproduce applicable portions of the Contract Documents and Submittals as appropriate to and for use in the execution of the Work and for no other purpose. B. Documents on Site Contractor shall keep on the Project site, at all times and for use by City, Director, Inspectors of Record and City’s Consultants, a complete set of the Contract Documents that have been approved by applicable Governmental Authorities. C. Delivery to City All Design Documents, Contract Documents and Submittals in the possession of Contractor or Subcontractors shall be returned to the City upon the earlier of Final Completion or termination of the Construction Contract; provided, however, that Contractor and each Subcontractor shall have the right to retain one (1) copy of the Contract Documents and Submittals for its permanent records D. Subcontractors Contractor shall take all necessary steps to assure that a provision is included in all subcontracts with Subcontractors, of every tier, who perform Work on the Project establishing, protecting and preserving the, City’s rights set forth in this Paragraph. 17.03 AMENDMENTS The Contract Documents may be amended only by a written instrument duly executed by the parties or their respective successors or assigns. 17.04 WAIVER Either party's waiver of any breach or failure to enforce any of the terms, covenants, conditions or other provisions of the Contract Documents at any time shall not in any way limit or waive that party's right thereafter to enforce or compel strict compliance with every term, covenant, condition or other provision, any course of dealing or custom of the trade notwithstanding. Furthermore, if the parties make and implement any interpretation of the Contract Documents without documenting such interpretation by an instrument in writing signed by both parties, such interpretation and implementation thereof will not be binding in the event of any future disputes. 17.05 INDEPENDENT CONTRACTOR Contractor is an independent contractor, and nothing contained in the Contract Documents shall be construed as constituting any relationship with City other than that of Project owner and independent contractor. In no event shall the relationship between City and Contractor be construed as creating any relationship whatsoever between City and Contractor's employees. Neither Contractor nor any of its employees is or shall be deemed to be an employee of City. Except as otherwise specified in the Contract Documents, Contractor has sole authority and responsibility to employ, discharge and otherwise control its employees and has complete and sole responsibility as a principal for its agents, for all Subcontractors and for all other Persons that Contractor or any Subcontractor hires to perform or assist in performing the Work. Page 91 of 121 17.06 SUCCESSORS AND ASSIGNS The Contract Documents shall be binding upon and inure to the benefit of City and Contractor and their permitted successors, assigns and legal representatives. A. City may assign all or part of its right, title and interest in and to any Contract Documents, including rights with respect to the Payment and Performance Bonds, to (a) any other governmental person as permitted by governmental rules, provided that the successor or assignee has assumed all of City's obligations, duties and liabilities under the Contract Document then in effect; and (b) any other Person with the prior written approval of Contractor. B. Contractor may collaterally assign its rights to receive payment under the Contract Documents. Contractor may not delegate any of its duties hereunder, except to Subcontractors as expressly otherwise permitted in the Contract Documents. Contractor's assignment or delegation of any of its Work under the Contract Documents shall be ineffective to relieve Contractor of its responsibility for the Work assigned or delegated, unless City, in its sole discretion, has approved such relief from responsibility. Any assignment of money shall be subject to all proper set-offs and withholdings in favor of City and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by City for completion of the Work, should Contractor be in default. C. Except for the limited circumstances set forth in Paragraph 17.06-B, above, Contractor may not, without the prior written consent of City in its sole discretion, voluntarily or involuntarily assign, convey, transfer, pledge, mortgage or otherwise encumber its rights or interests under the Contract Documents. No partner, joint venturer, member or shareholder of Contractor may assign, convey, transfer, pledge, mortgage or otherwise encumber its ownership interest in Contractor without the prior written consent of City, in City’s sole discretion. 17.07 SURVIVAL Contractor’s representations and warranties, the dispute resolution provisions contained in Article 15, and all other provisions which by their inherent character should survive termination of the Contract and/or Final Acceptance, shall survive the termination of the Contract and the Final Acceptance Date. 17.08 LIMITATION ON THIRD PARTY BENEFICIARIES It is not intended by any of the provisions of the Contract Documents to create any third party beneficiary hereunder or to authorize anyone not a party hereto to maintain a suit for personal injury or property damage pursuant to the terms or provisions hereof, except to the extent that specific provisions (such as the warranty and indemnity provisions) identify third parties and state that they are entitled to benefits hereunder. The duties, obligations and responsibilities of the parties to the Contract Documents with respect to such third parties shall remain as imposed by law. The Contract Documents shall not be construed to create a contractual relationship of any kind between City and a Subcontractor or any other Person except Contractor. 17.09 PERSONAL LIABILITY OF CITY EMPLOYEES City’s authorized representatives are acting solely as agents and representatives of City when carrying out the provisions of or exercising the power or authority granted to them under the Contract. They shall not be liable either personally or as employees of City for actions in their ordinary course of employment. Page 92 of 121 No agent, consultant, Council member, officer or authorized employee of City, shall be personally responsible for any liability arising under the Contract. 17.10 NO ESTOPPEL City shall not, nor shall any officer thereof, be precluded or estopped by any measurement, estimate or certificate made or given by the City representative or other officer, agent, or employee of City under any provisions of the Contract from at any time (either before or after the final completion and acceptance of the Work and payment therefor) pursuant to any such measurement, estimate or certificate showing the true and correct amount and character of the work done, and materials furnished by Contractor or any person under the Contract or from showing at any time that any such measurement, estimate or certificate is untrue and incorrect, or improperly made in any particular, or that the work and materials, or any part thereof, do not in fact conform to the Contract Documents. Notwithstanding any such measurement, estimate or certificate, or payment made in accordance therewith, City shall not be precluded or estopped from recovering from Contractor and its Sureties such damages as City may sustain by reason of Contractor’s failure to comply or to have complied with the Contract Documents. 17.11 GOVERNING LAW The laws of the State of California govern the construction and interpretation of the Contract Documents, without regard to conflict of law principles. Unless the Contract Documents provide otherwise, any reference to laws, ordinances, rules, or regulations include their later amendment, modifications, and successor legislation. If Contractor or City brings a lawsuit to enforce or interpret one or more provisions of the Contract Documents, jurisdiction is in the Superior Court of the County of Los Angeles , California, or where otherwise appropriate, in the United States District Court, Central District of California. Contractor and City acknowledge that the Contract Documents were negotiated, entered into, and executed—and the Work was performed—in the City of Vernon, California. 17.12 FURTHER ASSURANCES Contractor shall promptly execute and deliver to City all such instruments and other documents and assurances as are reasonably requested by City to further evidence the obligations of Contractor hereunder, including assurances regarding assignments of Subcontractors contained herein. 17.13 SEVERABILITY If any clause, provision, section, paragraph or part of the Contract is ruled invalid by a court having proper jurisdiction, then the parties shall: (a) promptly meet and negotiate a substitute for such clause, provision, section, paragraph or part, which shall, to the greatest extent legally permissible, effect the original intent of the parties, including an equitable adjustment to the Contract Price to acc ount for any change in the Work resulting from such invalidated portion; and (b) if necessary or desirable, apply to the court or other decision maker (as applicable) which declared such invalidity for an interpretation of the invalidated portion to guide the negotiations. The invalidity or unenforceability of any such clause, provision, section, paragraph or part shall not affect the validity or enforceability of the balance of the Contract, which shall be construed and enforced as if the Contract did not contain such invalid or unenforceable clause, provision, section, paragraph or part. Page 93 of 121 17.14 HEADINGS The captions of the sections of the Contract are for convenience only and shall not be deemed part of the Contract or considered in construing the Contract. 17.15 ENTIRE AGREEMENT The Contract Documents contain the entire understanding of the parties with respect to the subject matter hereof and supersede all prior agreements, understandings, statements, representations and negotiations between the parties with respect to its subject matter. 17.16 COUNTERPARTS This instrument may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [END OF ARTICLE] Page 94 of 121 EXHIBIT A1 Bond No.: Premium Amount: $ Bond’s Effective Date: PERFORMANCE BOND RECITALS: 1. The City of Vernon, California (“City”), has awarded to (Name, address, and telephone of Contractor) ________________________________________________________________________________ (“Principal”), a Contact (the “Contract) for the Work described as follows: Specification No. : in Vernon, CA. 2. Principal is required under the terms of the Contract and all contract documents referenced in it (“Contract Documents”) to furnish a bond guaranteeing Principal’s faithful performance of the Work. 3. The Contract and Contract Documents, including all their amendments and supplements, are incorporated into this Bond and made a part of it by this reference. OBLIGATION: THEREFORE, for value received, We, Principal and ______________________________________________________________________________________________ (Name, address, and telephone of Surety) ______________________________________________________________________________________ (“Surety”), a duly admitted surety insurer under California’s laws, agree as follows: By this Bond, We jointly and severally obligate and bind ourselves, and our respective heirs, executors, administrators, succ essors, and assigns to pay City the penal sum of Dollars ($ ) (“the Bonded Sum”), this amount comprising not less than the total Contract Sum, in lawful money of the United States of America. The Licensed Agent for Surety is: (Name, address, and telephone) Registered Agent’s California Department of Insurance License No. . THE CONDITION OF THIS BOND’S OBLIGATION IS THAT, if Principal promptly and faithfully performs the undertakings, terms, covenants, conditions, and agreements in the Contract and Contract Documents (including all their amendments and supplements), all within the time and in the manner that those documents specify, then this obligation becomes null and void. Otherwise, this Bond remains in full force and effect, and the following terms and conditions apply to this Bond: 1. This Bond specifically guarantees Principal’s performance of each obligation and all obligations under the Contract and Contract Documents, as they may be amended and supplemented including, but not limited to, Principal’s liability for liquidated damages, Warranties, Guarantees, Correction, and Maintenance obligations as specified in the Contract and Contract Page 95 of 121 Documents except that Surety’s total obligation, as described here, will not exceed the Bonded Sum. 2. For those obligations of Principal that survive Final Completion of the Work described in the Contract and Contract Documents , the guarantees in this Bond also survive Final Completion of the Work. 3. When City declares that Principal is in default under the Contract, or Contract Documents, or both, Surety shall promptly: (a) remedy the default; (b) complete the Project according to the Contract Documents’ terms and conditio ns then in effect; or (c) using a procurement methodology approved by City, select a contractor or contractors acceptable to City to complete all of the Work, and arrange for a contract between the contractor(s) and City. Surety shall make available, as t he Work progresses, sufficient funds to pay the cost of completion less the balance of the Contract Sum, and to pay and perform all obligations of Principal under the Contract and Contract Documents including other costs and damages for which Surety is liable under this Bond except that Surety’s total obligation, as described here, will not exceed the Bonded Sum. 4. An alteration, modification, change, addition, deletion, omission, agreement, or supplement to the Contract, Contract Documents, or the nature of the Work performed under the Contract or Contract Documents including, without limitation, an extension of time for performance does not, in any way, affect Surety’s obligations under this Bond. Surety waives any notice of alteration, modification, change, addition, deletion, omission, agreement, supplement, or extension of time. 5. Surety’s obligations under this Bond are separate, independent from, and not contingent upon any other surety’s guaranteeing Principal’s faithful performance of the Work. 6. No right of action accrues on this Bond to any entity other than City or its successors and assigns. 7. If an action at law or in equity is necessary to enforce or interpret this Bond’s terms, Surety must pay in addition to the Bonded Sum City’s reasonable attorneys’ fees and litigation costs, in an amount the court fixes. 8. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel, termin ate, or withdraw from this Bond; or (b) this Bond becomes void or unenforceable for any reason. [Signatures to this Exhibit A1, Performance Bond, Begin on Next Page]. Page 96 of 121 On the date set forth below, Principal and Surety duly executed this Performance Bond, with the name of each party appearing below and signed by its representative(s) under the authority of its governing body. Date: PRINCIPAL: SURETY: (Company Name) (Company Name) (Signature) (Signature) By: By: (Name and Title) (Name and Title) Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents: ▪ THIS BOND MUST BE EXECUTED IN DUPLICATE. ▪ EVIDENCE MUST BE ATTACHED OF THE AUTHORITY OF ANY PERSON SIGNING AS ATTORNEY-IN-FACT. ▪ THE ATTORNEY-IN-FACT’S SIGNATURE MUST BE NOTARIZED. ▪ A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH, ARE A CORPORATION. APPROVED AS TO SURETY AND APPROVED AS TO FORM: AMOUNT OF BONDED SUM: By: By: Todd Dusenberry, Acting General Manager of Public Utilities Zaynah N. Moussa, City Attorney CORPORATE SEAL CORPORATE SEAL CORPORATE SEAL Page 97 of 121 BOND ACKNOWLEDGMENT FOR SURETY’S ATTORNEY-IN-FACT STATE OF CALIFORNIA ) ) ss COUNTY OF ) On this day of , 20 , before me, (name), a Notary Public for said County, personally appeared (name), who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of , and acknowledged to me that he/she subscribed the name of thereto as principal, and his/he own name as attorney in fact. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public SEAL Page 98 of 121 EXHIBIT A2 Bond No.: Premium Amount: $ Bond’s Effective Date: PAYMENT BOND (LABOR AND MATERIALS) RECITALS: 1. The City of Vernon, California (“City”), has awarded to __________________________________________________________________________________________ (Name, address, and telephone of Design-Builder) ________________________________________________________________________________ (“Principal”), a Contract (the “Contract”) for the Work described as follows: Specification No. : in Vernon, CA. 2. Principal is required under California Civil Code Sections 9550-9566 and the terms of the Contract and all contract documents referenced in it (“Contract Documents”) to furnish a bond guaranteeing Principal’s paying claims, demands, liens, or suits for any work, labor, services, materials, or equipment furnished or used in the Work. 3. The Contract and Contract Documents, including all their amendments and supplements, are incorporated into this Bond and made a part of it by this reference. OBLIGATION: THEREFORE, for value received, We, Principal and ______________________________________________________________________________________________ (Name, address, and telephone of Surety) ______________________________________________________________________________________ (“Surety”), a duly admitted surety insurer under California’s laws, agree as follows: By this Bond, We jointly and severally obligate and bind ourselves, and our respective heirs, executors, administrators, succ essors, and assigns to pay City the penal sum of Dollars ($ ) (“the Bonded Sum”), this amount comprising not less than the total Contract Sum, in lawful money of the United States of America. The Licensed Agent for Surety is: (Name, address, and telephone) Registered Agent’s California Department of Insurance License No. . THE CONDITION OF THIS BOND’S OBLIGATION IS THAT, if Principal or a subcontractor fails to pay (a) any person named in California Civil Code Section 9100, or any successor legislation; (b) any amount due under California’s Unemployment Insurance Code, or any successor legislation, for work or labor performed under the Contract or Contract Documents; or (c) any amou nt under Unemployment Insurance Code Section 13020, or any successor legislation, that Principal or a subcontractor must deduct, withhold, and pay over to the Employment Development Department from the wages of its employees, for work or labor performed under the Contract or Contract Documents, then Surety shall pay for the same in an amount not-to-exceed the Bonded Sum. Otherwise, this obligation becomes null and void. While this Bond remains in full force and effect, the following terms and conditions apply to this Bond: Page 99 of 121 1. This Bond inures to the benefit of any of the persons named in California Civil Code Section 3181, or any successor legislation, giving those persons or their assigns a right of action in any suit brought upon this Bond, unless California Civil Code Section 3267, or any successor legislation, applies. 2. An alteration, modification, change, addition, deletion, omission, agreement, or supplement to the Contract, Contract Documents, or the nature of the Work performed under the Contract or Contract Documents including, without limitation, an extension of time for performance does not, in any way, affect Surety’s obligations under this Bond. Surety waives any notice of alteration, modification, change, addition, deletion, omission, agreement, supplement, or extension of time. 3. Surety’s obligations under this Bond are separate, independent from, and not contingent upon any other surety’s paying claims, demands, liens, or suits for any work, labor, services, materials, or equipment furnished or used in the Work. 4. If an action at law or in equity is necessary to enforce or interpret this Bond’s terms, Surety must pay in addition to the Bonded Sum City’s reasonable attorneys’ fees and litigation costs, in an amount the court fixes. 5. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel, t erminate, or withdraw from this Bond; or (b) this Bond becomes void or unenforceable for any reason. [Signatures to this Exhibit A2, Payment Bond, Begin on Next Page]. Page 100 of 121 On the date set forth below, Principal and Surety duly executed this Payment Bond, with the name of each party appearing below and signed by its representative(s) under the authority of its governing body. Date: PRINCIPAL: SURETY: (Company Name) (Company Name) (Signature) (Signature) By: By: (Name and Title) (Name and Title) Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents: ▪ THIS BOND MUST BE EXECUTED IN DUPLICATE. ▪ EVIDENCE MUST BE ATTACHED OF THE AUTHORITY OF ANY PERSON SIGNING AS ATTORNEY-IN-FACT. ▪ THE ATTORNEY-IN-FACT’S SIGNATURE MUST BE NOTARIZED. ▪ A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH, ARE A CORPORATION. APPROVED AS TO SURETY AND APPROVED AS TO FORM: AMOUNT OF BONDED SUM: By: By: Todd Dusenberry, Acting General Manager of Public Utilities Zaynah N. Moussa, City Attorney CORPORATE SEAL CORPORATE SEAL CORPORATE SEAL CORPORATE SEAL Page 101 of 121 BOND ACKNOWLEDGMENT FOR SURETY’S ATTORNEY-IN-FACT STATE OF CALIFORNIA ) ) ss COUNTY OF ) On this day of , 20 , before me, (name), a Notary Public for said County, personally appeared (name), who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of, and acknowledged to me that he/she subscribed the name of thereto as principal, and his/he own name as attorney in fact. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public SEAL Page 102 of 121 EXHIBIT A3 Bond No.: Premium Amount: $ Bond’s Effective Date: MAINTENANCE BOND RECITALS: 1. The City of Vernon, California (“City”), has awarded to (Name, address, and telephone of Contractor) _______________________________________________________________________________________ (“Principal”), a Contract (the “Contract”) for the Work described as follows: Specification No. : in Vernon, CA. 2. Principal is required under the terms of the Contract— and all contract documents referenced in it (“Contract Documents”)— after completion of the Work and before the filing and recordation of a Notice of Completion for the Work, to furnish a bond to secure claims for Maintenance equal to ten percent (10%) of the total amount of the Contract Which shall hold good for a period of one (1) year from the date the City’s Notice of Completion and Acceptance of the Work is filed with the County Recorder, to protect the City against the result of faulty material or workmanship during that time. 3. The Contract and Contract Documents, including all their amendments and supplements, are incorporated into this Bond and made a part of it by this reference. OBLIGATION: THEREFORE, for value received, We, Principal and (Name, address, and telephone of Surety) ______________________________________________________________________________________ (“Surety”), a duly admitted surety insurer under California’s laws, agree as follows: By this Bond, We jointly and severally obligate and bind ourselves, and our respective heirs, executors, administrators, successors, and assigns to pay City the penal sum of Dollars ($ ) (“the Bonded Sum”), this amount comprising not less than ten percent (10%) of the total Contract Sum, in lawful money of the United State s of America. The Licensed Agent for Surety is: (Name, address, and telephone) Registered Agent’s California Department of Insurance License No. . THE CONDITION OF THIS BOND’S OBLIGATION IS THAT if the said Principal or any of his or her or its subcontractors, or the heirs, executors, administrators, successors, or assigns or assigns of any, all, or either of them, shall fail to execute within a reasonable amount of time, or fail to respond within seven (7) days with a written schedule acceptable to the City for same, repair or replacement of any and all Work, together with any other adjacent Work which may be displaced by so doing, that proves to be defective in its workmanship or material for the period of one (1) year (except when otherwise required in the Contract to be for a longer period) from the date the City’s Notice of Completion and Acceptance, or equivalent, is filed with the County Recorder, ordinary wear and tear and unusual abuse or neglect excepted with respect to such Work and labor, the Surety herein shall pay for the same, in an amount not exceeding the sum specified in this Bond. Page 103 of 121 1. When City declares that Principal is in default under the Contract, or Contract Documents, or both, Surety shall promptly remedy the default using a procurement methodology approved by City, select a contractor or contractors acceptable to City to complete all of the Work, and arrange for a contract between the contractor(s) and City. Surety shall make available sufficient funds to pay the cost of repair or replacement of any and all Work and to pay and perform all obligations of Principal under the Contract and Contract Documents including other costs and damages for which Surety is liable under this Bond except that Surety’s total obligation, as described here, will not exceed the Bonded Sum. 2. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. 3. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of said Contract or to the Work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. 4. Surety’s obligations under this Bond are separate, independent from, and not contingent upon any other surety’s guaranteeing Principal’s faithful performance of the Work. 5. No right of action accrues on this Bond to any entity other than City or its successors and assigns. 6. If an action at law or in equity is necessary to enforce or interpret this Bond’s terms, Surety must pay, in addition to the Bonded Sum, City’s reasonable attorneys’ fees and litigation costs, in an amount the court fixes. 7. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel, termin ate, or withdraw from this Bond; or (b) this Bond becomes void or unenforceable for any reason. 8. Death of the Principal shall not relieve Surety of its obligations hereunder. [Signatures to this Exhibit A3, Maintenance Bond, Begin on Next Page]. Page 104 of 121 On the date set forth below, Principal and Surety duly executed this Maintenance Bond, with the name of each party appearing below and signed by its representative(s) under the authority of its governing body. Date: PRINCIPAL: SURETY: (Company Name) (Company Name) (Signature) (Signature) By: By: (Name and Title) (Name and Title) Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents: ▪ THIS BOND MUST BE EXECUTED IN DUPLICATE. ▪ EVIDENCE MUST BE ATTACHED OF THE AUTHORITY OF ANY PERSON SIGNING AS ATTORNEY-IN-FACT. ▪ THE ATTORNEY-IN-FACT’S SIGNATURE MUST BE NOTARIZED. ▪ A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH, ARE A CORPORATION. APPROVED AS TO SURETY AND APPROVED AS TO FORM: AMOUNT OF BONDED SUM: By: By: Todd Dusenberry, Acting General Manager of Public Utilities Zaynah N. Moussa, City Attorney CORPORATE SEAL CORPORATE SEAL CORPORATE SEAL CORPORATE SEAL Page 105 of 121 BOND ACKNOWLEDGMENT FOR SURETY’S ATTORNEY-IN-FACT STATE OF CALIFORNIA ) ) ss COUNTY OF ) On this day of , 20 , before me, (name), a Notary Public for said County, personally appeared (name), who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of , and acknowledged to me that he/she subscribed the name of thereto as principal, and his/he own name as attorney in fact. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public SEAL Page 106 of 121 EXHIBIT A4 INSURANCE REQUIREMENTS 1.0 REQUIRED INSURANCE POLICIES At its own expense, Contractor shall obtain, pay for, and maintain – and shall require each of its Subcontractors to obtain and maintain – for the duration of the Agreement, policies of insurance meeting the following requirements: A. Workers’ Compensation/Employer’s Liability Insurance shall provide workers’ compensation statutory benefits as required by law. 1. Employer’s Liability insurance shall be in an amount not less than: (a) ONE MILLION DOLLARS ($1,000,000) per accident for bodily injury or disease; (b) ONE MILLION DOLLARS ($1,000,000) per employee for bodily injury or disease; and (c) ONE MILLION DOLLARS ($1,000,000) policy limit. B. Commercial General Liability (“CGL”) (primary). City and its employees and agents shall be added as additional insureds, not limiting coverage for the additional insured to “ongoing operations” or in any way excluding coverage for completed operations. Coverage shall apply on a primary, non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to City or any employee, representative or agent of City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors’ limitation or other endorsement limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage. 1. CGL insurance must not be written for less than the limits of liability specified as follows: (a) ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury (including accidental death) to any one person; (b) ONE MILLION DOLLARS ($1,000,000) per occurrence for personal and advertising injury to any one person; (c) ONE MILLION DOLLARS ($1,000,000) per occurrence for property damage; and (d) TWO MILLION DOLLARS ($2,000,000) general aggregate limit. 2. CGL insurance must include all major divisions of coverage and must cover: (a) Premises Operations (including Explosion, Collapse, and Underground [“X,C,U”] coverages as applicable); (b) Independent Contractor’s Protective; Page 107 of 121 (c) Independent Contractors; (d) Products and Completed Operations (maintain same limits as above until five (5) years after recordation of Notice of Completion); (e) Personal and Advertising Injury (with Employer’s Liability Exclusion deleted); (f) Contractual Liability (including specified provision for Contractor’s obligation under Article 11 of the General Conditions); and (g) Broad Form Property Damage. 3. Umbrella or Excess Liability Insurance (over primary), if provided, shall be at least as broad as any underlying coverage. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion and no contractor’s limitation endorsement. The policy shall have starting and ending dates concurrent with the underlying coverages. The Named Insured may determine the layering of primary and excess liability insurance provided that if such layering differs from that described here, the actual coverage program meets the minimum total required limits and complies with all other requirements listed here. C. Business Automobile Liability Insurance 1. Business Automobile Liability Insurance must cover all vehicles, whether rented, leased, hired, scheduled, owned or non-owned. If Contractor does not own any vehicles, this requirement may be satisfied by a non-owned vehicle endorsement to the general and umbrella liability policies. Business Automobile Liability Insurance coverage amounts shall not be less than the following: (a) ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury (including accidental death) to any one person; and (b) ONE MILLION DOLLARS ($1,000,000) per occurrence for property damage; or (c) ONE MILLION DOLLARS ($1,000,000) combined single limit. D. Contractors Pollution Liability Insurance (CPL) 1. Contractor or Subcontractor shall obtain, pay for, and maintain for the duration of the Contract Contractors Pollution Liability 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. The policy limit shall provide coverage of no less than one million dollars ($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 Page 108 of 121 investigation, defense, or settlement of claims. 3. All activities contemplated in the Contract shall be specifically scheduled on the CPL policy as “covered operations.” 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. 4. The policy shall specifically provide for a duty to defend on the part of the insurer. City, its officers, employees and agents shall be added to the policy as additional insureds by endorsement. E. Builder’s Risk Insurance 1. Builder’s Risk Insurance covering all real and personal property for “all risks” of loss or “comprehensive perils” coverage including but not limited to the perils of earth movement including earthquake and flood for all buildings, structures, fixtures, materials, supplies, machinery and equipment to be used in or incidental to the construction at the site, off site, or in transit, for the full replacement value of such properties. Coverage shall be included for property of others in the care, custody or control of the insured for which any insured may be liable. The City will purchase a builder’s risk policy for the Project instead of a contractor purchased policy. Bidder should not include cost for this coverage in his/her bid. 2.0 GENERAL REQUIREMENTS—ALL POLICIES A. Qualifications of Insurer. At all times during the term of this Contract, Contractor’s insurance company must meet all of the following requirements: 1. “Admitted” insurer by the State of California Department of Insurance or be listed on the California Department of Insurance’s “List of Surplus Line Insurers” (“LESLI”); 2. Domiciled within, and organized under the laws of, a State of the United States; and 3. Carry an A.M. Best & Company minimum rating of “A:VII”. B. Continuation Coverage. For insurance coverages that are required to remain in force after the Final Payment, and if reasonably available, Contractor shall submit to City, with the final Application for Payment, all certificates and additional insured endorsements evidencing the continuation of such coverage. C. Deductibles or Self-Insured Retentions. All deductibles or self-insured retentions are subject to City’s review and approval, in its sole discretion. D. Commercial General Liability and Business Automobile insurance policies must be written on an “occurrence” basis and must add the City of Vernon and its officers, agents, employees and representatives as additional insureds. E. Contractor’s Insurance Primary. Other insurance (whether primary, excess, contingent or self- insurance, or any other basis) available to City, or its representatives, or both, is excess over Contractor’s insurance. City’s insurance, or self-insurance, or both, will not contribute with Contractor’s insurance policy. F. Waiver of Subrogation. Contractor and Contractor’s insurance company waive— and shall not exercise— any right of recovery or subrogation that Contractor or the insurer may have against City, or its representatives, or both. Page 109 of 121 G. Separation of Insureds. Contractor’s insurance policy applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or suit is brought, except that the naming of multiple insureds will not increase an insurance company’s limits of liability. H. Claims by Other Insureds. Contractor’s insurance policy applies to a claim or suit brought by an additional insured against a Named Insured or other insured, arising out of bodily injury, personal injury, advertising injury, or property damage. I. Premiums. City is not liable for a premium payment or another expense under Contractor’s policy J. At any time during the duration of this Contract, City may do any one or more of the following: 1. Review this Agreement’s insurance coverage requirements; 2. Require that Contractor obtain, pay for, and maintain more insurance depending on City’s assessment of any one or more of the following factors: (a) City’s risk of liability or exposure arising out of, or in any way connected with, the services of Contractor under this Agreement; (b) The nature or number of accidents, claims, or lawsuits arising out of, or in any way connected with, the services of Contractor under this Agreement; or (c) The availability, or affordability, or both, of increased liability insurance coverage. 3. Obtain, pay for, or maintain a bond (as a replacement for an insurance coverage) from a California corporate surety, guaranteeing payment to City for liability, or costs, or both, that City incurs during City’s investigation, administration, or defense of a claim or a suit arising out of this Agreement; or K. Contractor shall maintain the insurance policy without interruption, from the Project’s commencement date to the Final Payment date, or until a date that City specifies for any coverage that Contractor must maintain after the Final Payment. L. Contractor shall not allow any insurance to expire, cancel, terminate, lapse, or non-renew. Contractor’s insurance company shall mail City written notice at least thirty (30) days in advance of the policy’s cancellation, termination, non-renewal, or reduction in coverage and ten (10) days before its insurance policy’s expiration, cancellation, termination, or non-renewal, Contractor shall deliver to City evidence of the required coverage as proof that Contractor’s insurance policy has been renewed or replaced with another insurance policy which, during the duration of this Agreement, meets all of this Agreement’s insurance requirements. M. At any time, upon City’s request, Contractor shall furnish satisfactory proof of each type of insurance coverage required— including a certified copy of the insurance policy or policies; certificates, endorsements, renewals, or replacements; and documents comprising Contractor’s self-insurance program— all in a form and content acceptable to the City Attorney or City’s Risk Manager. N. If Contractor hires, employs, or uses one or more Subcontractor(s) to perform work, services, operations, or activities on Contractor’s behalf, Contractor shall ensure that the Subcontractor complies with the following. 1. Meets, and fully complies with, this Agreement’s insurance requirements; and Page 110 of 121 2. Furnishes City at any time upon its request, with a complete copy of the Subcontractor’s insurance policy or policies for City’s review, or approval, or both. Failure of City to request copies of such documents shall not impose any liability on City, or its employees. O. Contractor’s failure to comply with an insurance provision in this Agreement constitutes a material breach upon which City may immediately terminate or suspend Contractor’s performance of this Agreement, or invoke another remedy that this Agreement or the law allows. At its discretion and without waiving any other rights it may have pursuant to law, City has the right but not a duty to obtain or renew the insurance and pay all or part of the premiums. Upon demand, Contractor shall repay City for all sums or monies that City paid to obtain, renew, or reinstate the insurance, or City may offset the cost of the premium against any sums or monies that City may owe Contractor. 3.0 CONTRACTOR’S SUBMITTAL OF CERTIFICATES AND ENDORSEMENTS A. Contractor shall have its insurance carrier(s) or self-insurance administrator(s) complete and execute the following insurance documents and shall deliver said documents at the same time Contractor delivers this Agreement to City. City will neither sign this Agreement nor issue a “Notice to Proceed” until the City Attorney or City’s Risk Manager has reviewed and approved all insurance documents. City's decision as to the acceptability of all insurance documents is final. Sample insurance documents in the City’s approved format are set forth in this 4. B. Required Submittals for Commercial General Liability and Business Automobile Insurance and Contractor’s Pollution Liability Insurance. The following submittals must be on forms satisfactory to the City Attorney or City’s Risk Manager, and signed by the insurance carrier or its authorized representative – which fully meet the requirements of, and contain provisions entirely consistent with, all of the insurance requirements set forth herein. 1. “Certificate of Insurance” 2. “Additional Insured Endorsement” 3. Subrogation Endorsement: “Waiver of Transfer to Rights of Recover Against Others” Both Certificates of Insurance and Additional Insured Endorsements must read as follows: “The City of Vernon, and its officers, agents, employees and representatives are included as additional insureds under the policy(s). This insurance is primary to all other insurance of the City. The City’s insurance and self-insurance will apply in excess of, and will not contribute with this insurance. This insurance applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or a suit is brought. The issuing company shall mail thirty (30) days advance notice to the City for any policy cancellation, termination, non-renewal, or reduction in coverage.” C. Required Submittals for Workers’ Compensation Insurance. Contractor shall provide City with a certificate of insurance and a subrogation endorsement on forms satisfactory to the City Attorney or City’s Risk Manager, and signed by the insurance carrier or its authorized representative – which fully meet the requirements of, and contain provisions entirely consistent with, this Contract’s workers compensation insurance requirements. If Contractor is self-insured for workers’ compensation, a copy of the “Certificate of Consent to Self-insure” from the State of California is required; or if Contractor is lawfully exempt from workers’ compensation laws, an “Affirmation of Exemption from Labor Code §3700” form is required. D. Required Evidence of Builder’s Risk Coverage. City will provide a certificate of insurance and a declarations page on a form satisfactory to the City Attorney or City’s Risk Manager, and signed by the insurance carrier or its authorized representative. The policy terms must fully meet the requirements of, and contain provisions entirely consistent with, all of the insurance requirements set forth herein. The City shall be named as a loss payee on the insurance policy for the full replacement value of all buildings, structures, fixtures and materials to be constructed, maintained, repaired or supplied pursuant to this Contract. E. Contractor agrees to monitor and review all such coverage and assumes all responsibility for Page 111 of 121 ensuring that all required coverage is provided. Contractor agrees to obtain certificates evidencing such coverage. F. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that includes City or any other indemnitee as a defendant. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. G. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. H. Any “self-insured retention” must be declared and approved by City. City reserves the right to require the self-insured retention to be eliminated or replaced by a deductible. Self-funding, policy fronting or other mechanisms to avoid risk transfer are not acceptable. If Contractor has such a program, Contractor must fully disclose such program to City. Page 112 of 121 EXHIBIT A5 Statement of Intent to Comply with Minimum Requirements of the Stormwater Permit CITY OF VERNON Public Works Department Construction Stormwater Program Permit Number: Date: Applicant: Phone: Project Address: Property Owner: Contractor: Contractor’s Address: The National Pollutant Discharge Elimination System (NPDES) is a portion of the Clean Water Act that applies to the protection of receiving waters. Under permits from the Los Angeles Regional Water Quality Control Board (RWQCB), certain activities are subject to RWQCB enforcement. To meet the standards of the Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watershed of Los Angeles County, Except those Discharges Originating from the City of Long Beach MS4 (CAS004001), the City of Vernon has adopted minimum standards for stormwater runoff from development construction activities. These minimum standards require the implementation of an effective combination of eros ion and sediment control Best Management Practices (BMPs) to prevent erosion and sediment loss, and the discharge of construction waste at each site. At a minimum, the construction activity associated with the construction project identified above shall be conducted in such a manner that: ➢ Prevents illicit construction-related discharges of pollutants into the MS4 and receiving waters. ➢ Implements and maintains structural and non-structural BMPs to reduce pollutants in stormwater runoff from construction sites. ➢ Reduces construction site discharges of pollutants to the MS4 to the maximum extent practicable. ➢ Prevents construction site discharges to the MS4 from causing or contributing to a violation of water quality standards. Note: The Stormwater BMP Construction Handbook sheets developed by the California Stormwater Quality Association shall be used as guidance in determining and implementing required BMPs. The BMP sheets may be reviewed at the Public Works Department counter during regular business hours. A General Construction Permit shall be obtained and maintained for all construction sites one (1) acre or greater. Additional conditions may be required for these sites. Page 113 of 121 I have read and understand the requirements listed above and certify that I will comply with the minimum requirements above. Signature: Print Name: Title: Property Owner: Page 114 of 121 EXHIBIT A6 Statement of Intent to Comply with Minimum Requirements of the California Covid-19 Industry Guidance: Construction CITY OF VERNON Vernon Public Utilities Project Address: Property Owner: Contractor: Contractor’s Address: The latest COVID-19 industry guidelines can be accessed at the following web address: https://www.dir.ca.gov/dosh/coronavirus/Guidance-by-Industry.html This document provides guidance for the construction industry to support a safe, clean environment for workers. The guidance is not intended to revoke or repeal any worker rights, either statutory, regulatory or collectively bargained, and is not exhaustive, as it does not include county health orders, nor is it a substitute for any existing safety and health-related regulatory requirements such as those of Cal/OSHA.1 Stay current on changes to public health guidance and state/local orders, as the COVID-19 situation continues. Cal/OSHA has more safety and health guidance on their Cal/OSHA COVID-19 Infection Prevention for Construction 2 Employers and Workers webpage. CDC has additional guidance for businesses and employers. I have read and understand the requirements listed above and certify that I will comply with the minimum requirements above. Signature: Date: ___________________ Print Name: Title: Page 115 of 121 EXHIBIT B SPECIAL PROVISIONS SPECIFIC FOR THIS PROJECT   EXHIBIT B SPECIAL PROVISIONS – SPECIFIC FOR THIS PROJECT Structure Demolition and Site Improvements B-1.0 General Part 2 will involve demolition of the two 500,000 gallon steel reservoirs and foundations, pump house building and foundation, and miscellaneous above ground piping located at 4755 District Blvd. Underground piping shall be appropriately capped and abandoned in place unless otherwise noted. The reservoirs and pump house were constructed in the 1950’s and have not been in operation for decades. Additionally, Work will include restoration of the subbase underneath the removed structures, removal of the existing chain-link fence around the perimeter of the site, and installation of a new perimeter fence system and gate. B-1.1 Site Security, Facility Protection, and Access During all construction activities, the Contractor shall be responsible for maintaining site security. The project site is an active well facility and must remain in operation for the duration of the project. The well head, chlorine building, motor control enclosure, and transformer pad must be always protected. Sodium hypochlorite is stored and delivered to the site in regular intervals. Additionally, City staff must retain access to complete routine tasks associated with the operation of the well. B-2.0 Lead and Asbestos The City has performed a Lead and Asbestos Survey, attached here as Attachment 1. It shall be responsibility of the Contractor to appropriately remove and dispose of any materials containing either asbestos or lead he/she encounters during the demolition. B-2.1 Demolition and Site Improvement Plans Demolition and Site Improvement Plans are attached here as Attachment 2 B-2.3 Grading and Site Improvement Plan Grading and Improvement Plans are attached here as Attachment 3. B-3.0 Ownership of Materials Waste materials removed or otherwise demolished from the site become property of the Contractor. It is the Contractor’s responsibility to dispose of materials safely and appropriately. B-4.0 Structure Demolition Plan by Contractor Before any demolition work begins, the Contractor must submit a demolition plan describing the actions and processes he/she will take to safely complete the Work. The City shall provide comments within two weeks of submittal. If approved, the Contractor may proceed with the plan. Otherwise, the Contractor shall review City comments and resubmit their plan. NO EXPLOSIVES shall be allowed for this project.   Attachment 1 Lead and Asbestos Survey   Attachment 2 Demolition and Site Improvement Plan   Attachment 3 Grading Plans INST# 81-653103D I S T R I C T B O U L E V A R DGRADING PLAN FOR WELL 20NAMEKnow what'sbelow.before you dig.CallRNOTICE TO CONTRACTOR:THE EXISTENCE, LOCATION AND CHARACTERISTICS OF ANYUNDERGROUND UTILITY INFORMATION SHOWN HEREON HASBEEN OBTAINED FROM A REVIEW OF AVAILABLE RECORD DATA.IT SHALL BE THE RESPONSIBILITY AND LIABILITY OF THECONTRACTOR TO DETERMINE THE EXISTENCE ORNONEXISTENCE OF SUCH UTILITIES AND TO PROTECT THEM INPLACE.NO WORK SHALL BE DONE ON THIS SITEUNTIL USA AGENCY IS NOTIFIED OFINTENTION TO GRADE OR EXCAVATE,TWO WORKING DAYS BEFORE YOU DIG.SHEET 1 OF 2 DATEREVISIONBYQCDRAWING NO. PROJECT:FARIBORZ BIGDELI DATEFARI B ORZBIGDELIQUANTUM QUALITYCONSULTING, INC.25835 NARBONNE AVE. SUITE 150LOMITA, CA 90717PHONE: (310) 891 - 3994FAX: (310) 891 - 3995CITY OF VERNONSUBMITTED BY:SCALE: AS NOTEDTITLEAPPROVED BY:DATEGRADING NOTES:VICINITY MAPNOTES:“”TYPICAL PAVEMENT SECTION INST# 81-653103GRADING PLAN FOR WELL 20NAMEKnow what'sbelow.before you dig.CallRNOTICE TO CONTRACTOR:THE EXISTENCE, LOCATION AND CHARACTERISTICS OF ANYUNDERGROUND UTILITY INFORMATION SHOWN HEREON HASBEEN OBTAINED FROM A REVIEW OF AVAILABLE RECORD DATA.IT SHALL BE THE RESPONSIBILITY AND LIABILITY OF THECONTRACTOR TO DETERMINE THE EXISTENCE ORNONEXISTENCE OF SUCH UTILITIES AND TO PROTECT THEM INPLACE.NO WORK SHALL BE DONE ON THIS SITEUNTIL USA AGENCY IS NOTIFIED OFINTENTION TO GRADE OR EXCAVATE,TWO WORKING DAYS BEFORE YOU DIG.SHEET 2 OF 2 DATEREVISIONBYQCDRAWING NO. PROJECT:FARIBORZ BIGDELI DATEFARI B ORZBIGDELIQUANTUM QUALITYCONSULTING, INC.25835 NARBONNE AVE. SUITE 150LOMITA, CA 90717PHONE: (310) 891 - 3994FAX: (310) 891 - 3995CITY OF VERNONSUBMITTED BY:SCALE: AS NOTEDTITLEAPPROVED BY:DATEEROSION CONTROL NOTES:GRAVEL/SAND BAGS (1 WIDE X 2 HIGH)BMPS: Page 116 of 121 EXHIBIT C 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. Page 117 of 121 NOTICE INVITING BIDS Page 7 of 175 NOTICE INVITING BIDS for Pumping Plant Demolition and Site Improvements in the City of Vernon, California Bids are to be signed and submitted in TRIPLICATE. ONE ORIGINAL AND TWO COPIES of sealed bids must be received prior to 2:00 p.m., Tuesday, June 28, 2022, by the City Clerk, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058, (“Bid Deadline”). All bids shall be enclosed in sealed envelopes, distinctly marked “Bid” with the title of the bid and the bidder’s name and address appearing on the outside. Bids should be mailed or delivered in person before 2:00 p.m. on the Bid Deadline. LATE SUBMITTALS WILL NOT BE ACCEPTED. Bids must be received in the City Clerk’s Office before that time. Bids will be opened in the City Clerk’s Office at the Bid Deadline/Time. At the bid opening, the City Clerk shall open bid packages and acknowledge the receipt of Bids. Once all bid packages are opened and announced, the Bid Forms will be made available for public review. Bids shall be clearly titled. Copies of Bid Documents, Plans, and Specifications are available at no charge at: www.cityofvernon.org/planetbids. It is the responsibility of all prospective bidders to register on the City’s PlanetBids website to ensure receipt of any addendum(a) issued for any bid specifications. Addenda for any project will be available on the City’s PlanetBids website at: www.cityofvernon.org/planetbids. The City reserves the right to reject as nonresponsive any bid that fails to include the information require by any addendum(a) posted on the City’s PlanetBids website. Pre-Bid Meeting: A pre-bid meeting to answer any questions regarding the project plans and specifications is scheduled for June 15, 2022 at 10:00 a.m. at 4755 District Boulevard, Vernon, California. This meeting is to answer any questions regarding the project plans and specifications. Attendees must adhere to the State and local guidelines regarding COVID-19, including applicable industry guidelines for construction sites. Attendance is mandatory. City of Vernon Contact Person: Vernon Public Utilities Attention: Mark Aumentado, P.E. Phone: (323) 583-8811 Ext. 309 Email: maumentado@cityofvernon.org Page 8 of 175 Mandatory Qualifications for Bidder and Designated Subcontractors: A Bid may be rejected as non-responsive if the Bidder fails to meet the essential requirements for qualification. General Scope of Work: Contractor shall furnish labor, materials, equipment, services, and specialized skills to perform work involved in the Project. The Work in the Bid is defined in the Project Drawings and Specifications and will generally include the following: Demolition and proper disposal of two 500,000 gallon above ground steel reservoirs, 600 square foot building, and miscellaneous pipe material. Improvements to the site include new site security fence, entrance gates, and new asphalt. See Exhibit B for additional details. Mandatory Qualifications for Bidder and Designated Subcontractors: A Bid may be rejected as non-responsive if the Bid fails to document that Bidder meets the essential requirements for qualification. As part of the Bidder’s Statement of Qualifications, each Bid must establish that: Bidder satisfactorily completed at least one (1) prevailing wage public contracts in California; each comparable in scope and scale to this Project, within five (5) years prior to the Bid Deadline and with a dollar value in excess of the Bid submitted for this Project. Other Bidding Information: 1. Contract Time: This Work must be completed within 100 calendar days from the date of commencement as established by the City’s written Notice to Proceed. 2. Amount of Liquidated Damages: $500.00 per calendar day. 3. Not In Use. 4. Not In Use. 5. Bidding Documents. Bids must be made on the Proposal Form contained herein. 6. Engineer’s Estimate. An Engineer’s Estimate of the cost of construction of this Work has been prepared. Said estimate is in the range of $200,000.00 to $250,000.00. 7. Acceptance or Rejection of Bids. The City reserves the right to reject any and all bids, to award all or any individual part/item of the bid, and to waive any informalities, irregularities or technical defects in such bids and determine the lowest responsible bidder, whichever may be in the best interests of the City. No late bids will be accepted, nor will any oral, facsimile or electronic bids be accepted by the City. 8. Contractor’s License. At the time of the Bid Deadline and at all times during performance of the Work, including full completion of all corrective work during the Correction Period, Contractor must possess a California contractor’s license or licenses, current and active, of the classification required for the Work, in accordance with the provisions of Chapter 9, Division 3, Section 7000 et seq. of the Business and Professions Code. In compliance with Public Contract Code Section 3300, the City has determined that the Bidder must possess the Page 9 of 175 following license(s): “General Engineering Contractor” Class A. The Bidder will not receive a Contract award if at the time of submitting the bid, the Bidder is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active. If the City discovers at the time of the Bid Deadline that Contractor is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active, the City may reject the Bid, cancel the award, declare the Bid Bond as forfeited, keep the Bid Bond’s proceeds, and exercise any one or more of the remedies in the Contract Documents in addition to those provided by law. 9. Subcontractors’ Licenses and Listing. Bidders must list each Subcontractor whom the Bidder must disclose under Public Contract Code Section 4104 (Subcontractor Listing Law), and the Bidder must provide all of the Subcontractor information that Section 4104 requires (name, address, license number, and portion of the Work). An inadvertent error in the license number will not be considered nonresponsive if it is corrected within 24 hours after the bid opening. In addition, the City requires the Bidder to list the dollar value of each Subcontractor’s labor or services. The City reserves the right to review and disqualify any proposed Subcontractor. The City’s disqualification of a Subcontractor does not disqualify a Bidder. In such case, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed and qualified Subcontractor— without an adjustment of the Bid Amount. At the time of the Bid Deadline and at all times during performance of the Work, each listed Subcontractor’s license must be current and active for the portion of the Work listed and shall hold all specialty certifications required for such Work. 10. Permits, Inspections, Plan Checks, Governmental Approvals, Utility Fees and Similar Authorizations. Unless specified otherwise, all Governmental Approvals and Utility Fees shall be obtained and paid for by Contractor and will be reimbursed based on Contractor’s actual direct cost without markup. 11. Bid Forms and Security: Each Bid must be made on the Bid Forms obtainable at the Public Utilities Department. Each Bid shall be accompanied by a cashier’s check or certified check drawn on a solvent bank, payable to “City of Vernon,” for an amount equal to ten percent (10%) of the total maximum amount of the Bid. Alternatively, a satisfactory corporate surety Bid Bond for an amount equal to ten percent (10%) of the total maximum amount of the Bid may accompany the Bid. Said security shall serve as a guarantee that the successful Bidder will, within fifteen (15) calendar days after the date of the award of the contract, enter into a valid contract with the City for said Work in accordance with the Contract Documents. 12. Bid Irrevocability. Bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline. 13. Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of securities for withheld funds is permitted in accordance therewith. 14. Prevailing Wages. This Project is a “public work” as defined in California Labor Code Section 1720. Contractor awarded this Contract and all Subcontractors of any tier shall not pay less than the minimum prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Work. The Director of Industrial Relations of the State of California, pursuant to the California Labor Code, and the rates determined by the California Director of Industrial Relations are available online at www.dir.ca.gov/DLSR/PWD/. Page 10 of 175 15. Payroll Records. Pursuant to SB 854, Contractor and any Subcontractors shall furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). 16. Registration with the Department of Industrial Relations (DIR). No contractor or subcontractor may be listed on a bid proposal for a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the DIR. Carlos Fandino City Administrator Dated: ___________ (Approved as to form by the City Attorney’s Office) Published: _______ Page 118 of 121 INSTRUCTION TO BIDDERS Page 11 of 175 City of Vernon Instructions for Bidders Project: Pumping Plant Demolition and Site Improvements for the Public Utilities Department City personnel with whom prospective bidders will deal with are: Mark Aumentado, P.E., Vernon Public Utilities, 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 Ext. 309. Bid opening date and time: Tuesday, June 28, 2022 @ 2:00 p.m. (“Bid Deadline”) Bids will be received and opened at the Office of the City Clerk, 4305 Santa Fe Avenue, Vernon, CA 90058 The bid must be received by the City Clerk prior to the time set for bid opening. A bid received by the City Clerk after the time set for the bid opening is a non-responsive bid and shall not be considered. GENERAL BID REQUIREMENTS To be considered, a bidder must strictly follow the format for bids in the specifications. Bids must be binding and firm. Any bids may be withdrawn before bid opening, but bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline. 1. CONTRACTORS LICENSE The Bidder must possess a valid State of California Contractors License and must list type in the classification(s) specified in the Notice Inviting Bids at the time of the Bid Deadline and at all times during the performance of the Work, except as otherwise provided in California Business and Professions Code Section 7028.15. 2. INTERPRETATION OF BIDDING DOCUMENTS, SPECIFICATIONS AND ADDENDA A. If any Bidder contemplating submitting a Bid is in doubt as to the true meaning of any part of the Bidding Documents, or who finds discrepancies, errors or omissions therein or who finds variances in any of the Bidding Documents with applicable law, such Bidder shall at once submit a written request for an interpretation or correction thereof to the City’s representative identified in the Notice Inviting Bids, or other designated individual. All Bidders shall submit such written requests to City not less than ten (10) calendar days prior to the Bid Deadline. The person or entity submitting the request shall be responsible for its prompt delivery to City’s Contact Person identified in the Notice Inviting Bids. Any interpretation or correction will be made only by Addendum issued by the City and a copy of such Addendum will be delivered to all Interested Bidders of record. Page 12 of 175 Any Addenda so issued must be acknowledged in the Bid and the cost of performing Work described in the Addenda shall be included in the Bid. Bidder’s failure to acknowledge receipt of all Addenda may result in rejection of the Bid as nonresponsive. No person is authorized to render an oral interpretation or correction of any Bidding Documents and no Bidder may rely on any such oral interpretation or correction issued by the City. The City shall not be responsible for any other explanation or interpretation of the Drawings or Specifications, or for any oral instructions. City reserves the right to extend the Bid Deadline by issuing an Addendum to Interested Bidders no later than 72 hours prior to the Bid Deadline. Bidders shall use complete sets of Bidding Documents in preparing Bids; City shall not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. B. Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose. Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued and the Bidder shall acknowledge their receipt in the Bid. 3. OBTAINING DRAWINGS AND DOCUMENTS Bidder may secure Bidding Documents only from the location specified in the Notice Inviting Bids. City will maintain a list of persons who obtained a copy of these Specifications (“Interested Bidders”). Only Interested Bidders will receive Addenda, if so issued. 4. BID FORMS – SUBMITTAL A. The Bids shall be made on the forms provided herein with all blank spaces properly filled in. B. The phraseology shall not be changed, and no additions shall be made to the items mentioned herein. Unauthorized conditions, exemptions, limitations, or provisions attached to a Bid will render it informal and may cause its rejection. All forms requiring specific information shall be completed with all applicable information for a Bid to be considered responsive. C. Include all Bid Forms, properly executed, and intact on forms provided. Enclose the Bid Forms in a sealed envelope; type or print on the envelope "BIDS for" followed by the title and Specification Number and the date and time of the Bid Deadline, and the Bidder's name and address. The envelope may be mailed, hand delivered, or delivered by courier or package delivery service. D. One Original Bid and two copies shall be hand delivered, delivered by courier or package delivery service to the City Clerk, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058. E. Bids received after the Bid Deadline or at any place other than the Office of the Page 13 of 175 City Clerk will not be considered. 5. BID FORMS – AUTHORIZED SIGNATURES A. The full name, business address, zip code, and business telephone number, with area code of the individual, partnership, joint venture, or corporation submitting the Bid shall be typewritten or legibly printed on the Bid Forms. The Bidder shall sign the form with his/her usual wet ink signature. B. Sole Proprietorship: An individual shall sign. C. Partnership (General or Limited): A partner shall sign for a partnership; the partner shall give the names and addresses of all partners. D. Corporation: An officer shall sign for a corporation. The corporate name must be attested by the corporate seal. The names and titles of the president and all officers of the corporation who are authorized to sign the Bid Forms must be listed in an authenticated Incumbency Certificate signed by the corporate secretary. A signature other than a corporate officer’s will be accepted only if an authenticated Incumbency Certificate is attached. E. Joint Venture: Bidders shall use the appropriate section(s) listed above in B-D, based on their applicable situation. 6. BID FORMS – SCHEDULE OF BID PRICES A. The Bidder shall include in his/her Bid price(s) any and all expense or costs that may be necessary to complete the project in accordance with the requirements of the Contract. The cost of all mobilization, preparatory work and operations for the multiple movements of personnel, equipment, supplies, and incidentals to the various project sites must be included in the various bid items, and no extra compensation will be paid to Contractor. B. The Bidder shall state for each item on the Schedule of Bid Prices form, in clearly legible figures, the Base Bid, the alternates, and the unit price and item total or lump sum, as the case may be, for which he/she proposes to supply labor, materials, and equipment and to perform the Work. Bids must not contain any erasures, interlineations, strike-throughs or other corrections unless the same are suitably authenticated by affixing in the margin immediately opposite such erasure or correction the initials of the person(s) signing the Bid. If any Bid, or portion thereof, is determined by the City to be illegible, ambiguous or inconsistent, City may reject such a Bid as being non-responsive. C. In the case of a unit price item, the amount set forth, as the item total shall be the product of the estimated quantity times the unit price Bid. In the event of a discrepancy between the unit price Bid and the item total, the unit price shall prevail; however, if the unit price is ambiguous, unintelligible, or uncertain for Page 14 of 175 any cause, or is omitted, or is the same amount as the entry for the item total, then the item total shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Where so indicated by the makeup of the Bid Form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern. D. All requested Alternates, if any, shall be Bid. See the Schedule of Bid Prices for more information and the list of Bid Alternates, if any. If no change in the Base Bid is required, enter “No Change.” 7. BID SECURITY A. Each Bid shall be accompanied by cash or a cashier’s check or a certified check, drawn on a responsible bank doing business in the United States payable to the City, or a satisfactory Bid Bond in favor of the City executed by the Bidder as a principal and a California admitted surety company (as defined by California Code of Civil Procedure §§995.120 and 995.311) as surety (“Bid Security”). B. All bonds must be issued by a California admitted surety insurer with the minimum A.M Best Company Financial strength rating of “A:VII” or better. Bonds issued by a California admitted surety not listed on Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. Bonds issued from admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660. All such bonds must be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond on behalf of Surety must be acknowledged by a Notary Public as the signature of the person designated in the power of attorney. C. Bid Security shall be in an amount not less than 10% of the Base Bid. Any Bid submitted without Bid Security will be rejected as non-responsive. The Bid Security shall be given as a guarantee that the successful Bidder will execute the Contract and will provide the insurance, bonds and other required forms within fourteen (14) calendar days after award of the Contract. Bidders will be entitled to return of Bid Security except when a successful Bidder forfeits its Bid Security. A forfeit may occur, for example, if the successful Bidder withdraws its Bid prior to the expiration of ninety (90) calendar days after award of the Contract; attempts to withdraw its Bid when the requirements of Public Contract Code § 5101 et seq. are not met; or refuses or fails to execute the Contract and provide the required bonds, insurance or certificates within fourteen (14) calendar days after award of the Contract. In any one or more of these events, if City awards the Contract for the Work to the next lowest responsible Bidder, the amount of the original lowest Bidder’s security shall be applied to the Contract Price differential between the lowest Bid and the second lowest Bid. Any surplus will be returned to the original Page 15 of 175 lowest Bidder. If the City rejects all other Bids presented and re-advertises, the lowest Bidder’s Bid Security may be used to offset the City’s cost of re-advertising and receiving new Bids. In that case, the surplus if any, will be returned to the original lowest Bidder. D. The Bid Security shall be held for ninety (90) calendar days after the award of the Contract or until posting by the successful Bidder of the payment and performance bonds, proof of insurance, return of executed copies of the Contract and necessary certification(s), whichever first occurs, after which time the Bid Security will be returned to all Bidders. E. If a Bid Bond is to be submitted, Bidder shall use the form entitled "Bid Bond" contained in the Bidding Documents, which Bid Bond shall be properly executed and acknowledged by the Bidder and by a corporate surety authorized to transact such business in the State of California. F. Any alteration of said form of Bid Bond, or imperfection in the execution thereof, as herein required, will render it informal and may, at the option of the City, result in the rejection of the Bid under which the Bid Bond is submitted. 8. BIDDER'S AND SPECIALTY CONTRACTORS’ STATEMENTS OF QUALIFICATIONS A. Each Bidder shall be required to complete, execute and submit with its Bid, the form entitled "Bidder's Statement of Qualifications." Bidder shall satisfy the mandatory qualifications described in the Specialty Contractors’ Statements of Qualifications applicable to such Work and submit the completed forms with the Bid. Notwithstanding the provisions of Paragraph 22 herein, the Bidder’s Statement of Qualifications shall not be public records. All information required by a Bidder’s or Specialty Contractor Statement of Qualifications shall be completely and fully provided. If no information is to be filled in a blank space, then write "none." Any Bid not accompanied by a Bidder’s Statement of Qualifications form completed with all information required may render the Bid non-responsive. If the City determines that any information provided by a Bidder in the Bidder’s Statement of Qualifications is false or misleading, or is incomplete so as to be false or misleading, the City may reject the Bid submitted by such Bidder as being non-responsive. B. A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform fully the requirements of the contract documents. In selecting the lowest responsible Bidder, consideration will be given not only to the Bidder’s financial standing but also to the general competency of the Bidder for the performance of the work covered by the Bid including, but not limited to, the experience of the Bidder in construction of public buildings for public agencies. By submitting a Bid, each Bidder agrees that the City, in determining the successful Bidder and its Page 16 of 175 eligibility for the award, may consider the Bidder’s experience with similar types of construction projects and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, and other factors which could affect the Bidder’s performance of the work. 9. DESIGNATION OF SUBCONTRACTORS A. Subcontractor Listing. On the Designation of Subcontractors form, the Bidder shall list each Subcontractor whom the Bidder must disclose under the Subletting and Subcontracting Fair Practice Act, Public Contract Code Section 4104. The Bidder shall provide: each Subcontractor’s name, the trade and type of work that the Subcontractor will perform, the location (address) of the Subcontractor’s place of business, each Subcontractor’s license number, and the dollar value of each Subcontractor’s labor or services. If additive Alternate Bid Items are included in the Bidding Documents, the Bidder shall identify each Subcontractor performing additive Alternate Bid Items, when such Work or the combination of base Contract Work and Alternate Work exceeds one-half of one percent of the total Bid Amount. B. Subcontractors’ Licenses. At the time of the Bid Deadline and at all times during performance of the Work, each listed Subcontractor shall possess a current and active California Contractor’s license appropriate for the portion of the Work listed for such Subcontractor, and hold all specialty certifications required for such Work. C. Disqualification of a Subcontractor. The City has the right to review the suitability and qualifications of any Subcontractor proposed by the Bidder. As part of this review, the City may request a Bidder to submit additional information about one or more of the listed Subcontractors including, but not limited to a statement detailing the Subcontractor’s experience with pertinent information as to similar projects and other evidence of the Subcontractor’s qualifications. If requested, the Bidder shall provide the information to the City within the time specified in the City’s written request. After due investigation, if the City has a reasonable objection to any proposed Subcontractor, the City may, before giving the notice of award, require the apparent successful Bidder to submit an acceptable substitute. The City’s disqualification of a Subcontractor does not disqualify a Bidder. However, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed and qualified Subcontractor without an adjustment of the Bid Price. D. Work of Subcontractors. The organization or arrangement of the Specifications and Drawings do not limit the extent of the Work for the Contract Documents. Accordingly, all Bidders are encouraged to disseminate all of the Specifications, Drawings and other Contract Documents to all persons or entities submitting sub- bids to the Bidder. The omission of any portion or item of Work from the Bid or from sub-bids, which is reasonably inferable from the Contract Documents, will not be a basis for adjustment of the Contract Price or the Contract Time. Page 17 of 175 E. Ineligible Subcontractors. The successful Bidder is prohibited from performing Work on the Project with any Subcontractor who is ineligible to perform work on a public works project pursuant to California Labor Code Sections 1777.1 or 1777.7. In submitting its Bid, the Bidder certifies that it has investigated the eligibility of each and every listed Subcontractor and has determined that none is ineligible to perform work pursuant to the above code provisions. 10. CONTRACTOR’S AFFIDAVIT OF NON-COLLUSION An Affidavit of Non-Collusion in the form provided by the City shall be signed under penalty of perjury, certifying that the Bid is not the result of and has not been influenced by collusion. Bidder shall submit this form with its Bid. Any Bid made without such affidavit, or believed to be made in violation of the requirements set forth in the affidavit form, may be rejected. 11. INSURANCE REQUIREMENTS The Bidder shall submit to its insurance company or insurance agent the Insurance Requirements in this Specification and the Contract Documents. The insurance company’s underwriter or agent must complete the Insurance Requirements documentation which states that the insurer’s underwriter or agent will furnish the City with the required insurance documents within fourteen (14) days after the Bidder’s having been notified of the Contract’s award. The Bidder shall submit this form with its Bid. Any Bid made without this statement, or made with an incomplete statement, may be rejected. 12. EXAMINATION OF DRAWINGS, SPECIFICATIONS, AND SITE OF WORK A. The Bidder shall examine carefully the site of the Work contemplated and the Drawings and Specifications. The submission of a Bid will be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of Work to be performed and materials to be furnished, the difficulties to be encountered, and to the requirements of the Drawings, Specifications, and other Contract Documents. The Bidder shall ascertain the locations of the existing utility services, and other underground facilities, and provide for carrying out its operations so as to cause the minimum possible inconvenience to the occupants of properties along any streets affected. All Work and costs involved in the safeguarding of the properties of others shall be at the expense of the Bidder to whom the Contract may be awarded. B. The Bidder hereby certifies that it has examined the local conditions, has read each and every clause of the Contract Documents, and that it has included all costs necessary to complete the specified Work in its Bid prices, and the Bidder agrees that if it is awarded the Contract, it will make no claim against the City based upon ignorance of local conditions or misunderstanding of any of the provisions of the Contract. Should the conditions turn out otherwise than the Bidder anticipated, the Bidder agrees to assume all risks incident thereto. Page 18 of 175 13. PRICES AND PAYMENTS Approximate quantities listed in the Schedule of Bid Prices are estimates given for comparing Bids, and no claim shall be made against the City for excess or deficiency therein, actual or relative. Payment at the prices agreed upon will be in full for the completed Work and will cover materials, supplies, labor, tools, equipment, and all other expenditures incident to a satisfactory compliance with the Contract, subject to all applicable provisions in the Contract and General Conditions. 14. PERMIT FEES (Optional) If provided in the General Conditions, Contractor shall be reimbursed for the actual direct cost of all Permit Fees, as defined in Paragraph 1.01 and addressed in 1.03 of the General Conditions. Bidder shall exclude the cost of Permit Fees from Bidder’s Base Bid sum; Base Bid sum shall include the cost of administration and coordination for all Governmental Approvals and Utility Fees. 15. SUBSTITUTIONS No requests for substitution of any material, device, product, equipment, fixture, form, or type of construction shall be considered by City prior to award of the Contract. Bidders shall submit all requests for substitution and substantiating data, within fourteen (14) calendar days from the date of the Notice to Proceed. Bidder shall refer to the appropriate provisions of the General Conditions for additional information regarding substitutions. Authorization of a substitution is solely within the discretion of the City. 16. RETURN OF IMPROPER BIDS Bids submitted after the Bid Deadline are non-responsive and shall be returned to the Bidder unopened. Oral, telephonic, telegraphic, facsimile or electronically transmitted Bids shall not be considered unless the Notice Inviting Bids expressly permits such means of transmittal. 17. WITHDRAWAL OF BIDS Bidder may withdraw its Bid either personally or by written request any time prior to the scheduled Bid Deadline by notice to the City’s Contact Person designated in the Notice Inviting Bids. If such notice is written, it shall be signed by the Bidder and shall be date- stamped and time-stamped by the City upon receipt. Withdrawn Bids may be resubmitted before the Bid Deadline provided that they are in full conformance with these Instructions to Bidders. Once submitted, all Bids are irrevocable, except as otherwise provided by law. Requests for withdrawal of Bids after the Bid Deadline shall be made only in accordance with California Public Contract Code § 5100, et seq. Bidder agrees by submitting a Bid that such Bid shall remain open, is irrevocable, and may not be modified, withdrawn, or cancelled for a period of ninety (90) days after award of the Contract. Page 19 of 175 18. OPENING AND EVALUATION OF BIDS A. Bid Opening and Tabulation. The Bids shall be opened and read in public after the Bid Deadline has expired at the time and location listed in the Notice Inviting Bids. A tabulation of all Bids received will be available for public inspection at the Office of the Public Utilities Department, 4305 Santa Fe Avenue, Vernon, CA 90058 during regular business hours for a period of not less than thirty (30) calendar days following the Bid Deadline. The City reserves the right to accept or reject any or all Bids and be the sole judge regarding the suitability of the products, services or supplies offered; and/or to waive any irregularities or informalities in any Bids or in the bidding process. The City further reserves the right to purchase all or fewer than all items or quantities of each item listed in the Bidding Documents. The award of the Contract, if made by the City, shall be to the lowest responsive and responsible Bidder. If Bid Alternate Items are called for, the lowest Bid shall be determined according to Paragraph 20 below. B. Evaluation of Bids. 1. Mandatory Qualifications. A Bid shall be rejected as non-responsive if the Bidder fails to document in the Bid that Bidder meets the essential requirements for qualification described in the Notice Inviting Bids. As part of the Bidder’s Statement of Qualifications each Bidder must establish that it, as the current entity: (1) has successfully completed at least one (1) similar projects involving similar work within the last five (5) years with a cost equal to or in excess of the Bidder’s Bid; and (2) has successfully completed at least three (3) public works projects. 2. Responsive Bid. A responsive Bid is a Bid which conforms, in all material respects, to the Bidding Requirements and Contract Documents. 3. Responsible Bidder. A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform fully the requirements of the Contract Documents. 4. Competency of Bidders. In selecting the lowest responsible Bidder, consideration will be given not only to the financial standing but also to the general competency of the Bidder for the performance of the Work covered by the Bid including, but not limited to, the experience of the Bidder in construction of public works for public agencies. By submitting a Bid, each Bidder agrees that the City, in determining the successful Bidder and its eligibility for the award, may consider the Bidder’s experience with similar types of construction projects and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, safety record and protocols and other factors which could affect the Bidder’s performance of the Work. Page 20 of 175 19. AWARD OF CONTRACT The City reserves the right to reject any or all Bids and to waive any or all information or technical defects, as the interest of the City may require. Award of Contract or rejection of Bids will be made by the City within ninety (90) calendar days following the Bid Opening. 20. BASIS OF AWARD A. A Contract will be awarded to the lowest responsive and responsible Bidder meeting all requirements set forth in these Bidding Documents. The City will award the Contract based on the lowest Base Bid including all alternates. B. City reserves the right in its sole discretion to select any, all, or none of the Bid Alternates at the time of award of the Contract, regardless of whether such Bid Alternates were used in the analysis to determine the lowest Bid. 21. EXECUTION OF CONTRACT Within fourteen (14) calendar days after being notified by City that it has been awarded the Contract, Contractor shall deliver to the City the following documents: A. Two (2) copies of the Contract in the form included herein, properly executed by Contractor and, if Contractor is a corporation, evidence of its corporate existence and that the persons signing the Contract are authorized to do so. All signatures must be notarized. B. Properly executed copies of the (a) Performance Bond, (b) Labor and Material (Payment) Bond and (c) Maintenance Bond in accordance with the requirements set forth in Article 13 of the General Conditions and in the form shown on Exhibits A1, A2 and A3 attached thereto. All signatures must be notarized. C. Properly executed policies of all of the following: (a) the Commercial General Liability Insurance, (b) the Automotive Liability Insurance, and (c) Professional Liability, if required, and (e) the corresponding endorsements for each policy in accordance with the requirements set forth in Article 12 of the General Conditions. In the event that the fourteenth calendar day falls on Saturday, Sunday, a legal holiday for the State of California, or on days when City Hall is closed, the aforesaid documents shall be delivered by the following working day. After receipt of said documents within said time period or any extension thereof granted by the City, the City shall execute the Contract and return one (1) of said two (2) copies to Page 21 of 175 Contractor for its files. 22. PUBLIC RECORDS City seeks to conduct its business openly. Except as set forth in paragraph 8.A., upon opening, all Bids shall become a matter of public record and shall be regarded as public, with the exception of those elements of each Bid that are identified by the Bidder and plainly marked as “trade secret,” “confidential,” or “proprietary,” including any Statement of Qualifications and financial statements to be submitted by Bidders. Each element of a Bid which a Bidder desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e. regarding entire pages, documents, or other, non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If City receives a request from a third party to make a Bid available for inspection and copying, the City will notify the Bidder of the request. If a Bidder instructs the City that the information is not to be released, City will withhold the information, provided, the Bidder expeditiously seeks a protective order from a court of competent jurisdiction to prevent such release. If disclosure is required under the California Public Records Act or otherwise by law (despite the Bidder’s request for confidentiality), the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof. Bidder shall indemnify, defend (including Bidder’s providing and paying for legal counsel for City), and hold harmless City, its officers, agents, employees, and representatives from and against all liability, claims, suits, demands, damages, fines, penalties, costs, or expenses arising out of or alleging City’s refusal to publicly disclose one or more records that Bidder identifies as protectable, or asserts is protectable. 23. PREVAILING WAGE RATES AND EMPLOYMENT OF APPRENTICES A. Prevailing Wage Rates. The Bidder and all Subcontractors shall utilize the relevant prevailing wage rate determinations in effect on the first advertisement date of the Notice Calling for Bids in preparing the Bid Proposal and all component price quotations, provided, however, that when Davis Bacon wage rates apply, such rates are subject to increase by written notice, issued by Addendum not less than 10 calendar days before the Bid Deadline. Pursuant to California Labor Code Section 1770 et seq., the Director of the Department of Industrial Relations of the State of California and the United States Secretary of Labor have determined the general prevailing wage rates in the locality in which the Work is to be performed. Said rate schedules are available on the Internet at www.dir.ca.gov/DLSR/PWD/. The wage rate for any classification not listed, but which may be required to execute the Work, shall be commensurate and in accord with specified rates for similar or comparable classifications for those performing similar or comparable duties. To comply with California Labor Code Section 1773.2, Contractor shall post, at appropriate and conspicuous locations on the job site, a schedule showing all applicable prevailing wage rates and shall also comply with the requirements of California Labor Code Sections 1773 et seq. Page 22 of 175 B. Apprenticeship Committee Contract Award Information. Pursuant to California Labor Code § 1777.5 and Title 8 of the California Code of Regulations § 230, Contractor and Subcontractors of any tier who are not already approved to train by an apprenticeship program sponsor shall, within ten (10) calendar days of signing the Contract or subcontract, as applicable, but in any event prior to the first day in which Contractor or Subcontractor has workers employed on the Project, submit the Public Works Contract Award Information form (DAS Form 140) to the appropriate local apprenticeship committees whose geographic area of operation include the area of the Project and who can supply apprentices to the Project. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City. C. Statement of Employer Fringe Benefit Payments. Within five (5) calendar days of signing the Contract or subcontract, as applicable, the Statement of Employer Payments (DLSE Form PW 26) shall be completed for each Contractor and Subcontractor of any tier who pays benefits to a third party trust, plan or fund for health and welfare benefits, vacation funds or makes pension contributions. The form must contain, for each worker classification, the fund, plan or trust name, address, administrator, the amount per hour contributed and the frequency of contributions. Training fund contributions shall also be reported in this form. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City. D. Notice to Subcontractors. Bidders shall notify all potential Subcontractors submitting price quotations for portions of the Work of the requirements concerning payment of prevailing wage rates, payroll records, hours of Work, and employment of apprentices. 24. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) No contractor or subcontractor may be listed on a bid proposal for a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the DIR. 25. SPECIAL CITY REQUIREMENTS Special City forms and their instructions are an integral part of these specifications and failure to submit same may be grounds, in the sole discretion of the City, for rejection of Page 23 of 175 any Bidder. A. Prevailing Wage Where Applicable. Upon request, certified payroll documents shall be provided to the City. B. Equal Employment Opportunity in Contracting. The City of Vernon is committed to a policy of equal opportunity in contracting. Qualified firms including small businesses and businesses owned by women, minorities, and disabled persons are encouraged to submit bids or proposals. Contractors expressly agree to comply with the City's ordinances and regulations regarding Equal Opportunity Employment as well as regulations that may be mandated by the source of the funds supporting the Contract. 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 age not discriminated against because of their race, religion, religious belief, color, national origin, citizenship, ancestry, disability, sex, age, medical condition, pregnancy, sexual orientation or marital status. Contractor certifies that it will not maintain any segregated facilities. Contractor shall comply with all applicable Federal and California laws including, but not limited to, the California Fair Employment and Housing Act (California Government Code Section 12900, et seq.), California Labor Code Section 1735, and The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). Contractor shall require like compliance by all Subcontractors employed on the Work. 26. BID PROTEST PROCEDURES A. Any Bidder submitting a Bid directly to the City and eligible for award of the Contract may file a protest if the Bidder complies with all of the following requirements and conditions: 1. The Bid protest is in writing; 2. A protest based upon alleged defects or improprieties in the Contract Documents is filed with the City prior to the Bid Deadline; 3. All other protests are to be filed and received by the City no more than five (5) calendar days following the City’s notice of intent to award the Contract; and 4. The written Bid protest sets forth, in detail, all grounds for the Bid protest, including without limitation: all facts, supporting documentation, legal authorities, and argument in support of the grounds for the Bid protest. All factual contentions must be supported by competent, admissible, and credible evidence. Page 24 of 175 B. Any matters not set forth in the written Bid protest will be deemed waived. Any Bid protest not conforming to the foregoing requirements and conditions will be rejected by the City as invalid. C. Bid Dispute Indemnification. In the event of a Bid dispute based upon the Bidder’s submission of this Bid and the City acceptance of same, the Bidder shall indemnify, defend (with counsel acceptable to City), and hold harmless the City, its City Council members, employees, and agents from liability, claims, demands, damages, and costs arising therefrom if such dispute or action arises solely upon the award of a Contract in compliance with federal, state, and local laws. [END OF DOCUMENT] Page 119 of 121 BID FORMS BIDDER'S PROPOSAL The undersigned submits this Bid in response to the Notice Inviting Bids issued by the City to construct the Work of the following Project in accordance with the Contract Documents: PROJECT: Pumpinq Plant Demolition and Sile lmprovements. Soeciflcation No. (LP-0737) A. Enclosed herewith and by this reference incorporated herein and made a part of this Bidde/s Bid are the following completed forms: 1. Bidder's Proposal 2. Schedule of Bid Prices 3. lncumbency Certificate 4. Bid Security in the following form lcheck onel: E Cashier's Check E Certified Check E Bid Bond E Casn 5. Bidde/s Statement of Qualifications 6. Experience Form 7. Statement of Violations of Federal, State or Local Law, if applicable 8. Conkactor Safety Questionnaire 9. Designation of Subcontractors 10. Contractods Affidavit of Non-Collusion 11, lnsuranceRequirementsAffidavit 12. Statement of Disqualification or Debarment '13. Pre-Bid Site lnspection Certifcation B. Acknowledgment ofAddenda. The Bidder shall acknowledge the receipt of allAddenda by attaching a signed copy of all Addenda, and by listing all Addenda received and attached in the space below. I lf an Addendum orAddenda have been issued bythe City and not attached and noted above as being received by the Bidder, the Bid may be rejected. Page 26 of 115 VERNON PUBLIC UTILITIES 4305 S. Santa Fe Avenue, Vernon, Califomia 90058 Telephone (323) 583-881'l June 15,2022 NOTICE TO BIODERS - ADDENDUM NO. 1 PU[,4PING PLANT DEI/OLITION AND SITE IMPROVEMETNTS This notice shall be considered as Addendum No. 1 to the Request for Bids for Pumping Plant Demolition and Site lmprovements. This addendum modifies the original Request for Bids as noted below. All other portions of the Request for Bids not specifically mentioned in the Addendum, remain in force. A-zv'zz- J n Scheck - President Date Bidder's Prooosal: ln the BIDDER'S PROPOSAL, ltem 3 was modified. Replace page 31 of the SCHEDULE OF BID PRICES in its entirety with the following page(s): C lnspection of the Work and Contract Documents. Bidder certifies that it has carefully examined and is fully familiar with all of the provisions of the Bidding Documents and said Bidding Documents contain sufficient detail regarding the Work to be performed; that it has notified City of any errors or omissions in the Bidding Documents and/or any unusual sile conditions; and that it has carefully checked all words, prices, and statements in this Bidding Document. Bidder hereby certifies that heishe and his/her Subcontractors have inspected the site and related Drawings and Specifications of Work and fully acquainted themselves with all conditions and matters which may in any way affect the Work, time of completion or the costs thereof. Bidder also certifies he/she has observed the designated Contractor Work areas and access routes, if disclosed or shown, as part of the Work in this Conkact. Page 27 of 17 5 PRE-BID SITE INSPECTION _ CERTIFICATION: Person(s) who inspected site of the proposed Work for your firm Date of Inspection 06115/2022Name Title:Estimator Name: Title: D. Bidder agrees that all costs of Work shown in the Bidding Documents, including work reasonably inferable therefrom and necessary thereto, are included in his/her Bid. All Work shown in the Contract Documents for which a specific line item is not provided in the Bidding Form is included in the Bidder's Total Base Bid Price. Conhactor shall be reimbursed for the actual direct cost of all Permit Fees, if any, as defined in Paragraph 1.01 and addressed in Paragraph 1 .03 of the General Conditions, Bidder shall exclude the cost of Permit Fees from Bidder's Base Bid sum; Base Bid sum shall include the cost of administration and coordination of Governmental Approvals and Utility Fees. Bidder agrees that City will not be responsible for any errors or omissions on the part of the undersigned in making this Bid. E. Forfeiture of Bid Security. Bidder further agrees that, in case of his/her default in executing the required Contract and the required bonds, or furnishing the required insurance, the money payable under the Bid Security accompanying this Bid shall be applied by the City towards payment of the damage to the City on account of such default, as provided in the Bidding Documents. F. Period of lrrevocability. Bidder agrees that this Bid shall remain open and shall not be withdrawn for a period of not less than ninety (90) calendar days from the date of award of Contract, or until rejected by the City, whichever period is sho(er. G. Bid Dispute lndemniflcation. ln the eventofa Bid dispute based upon the Biddels submission of this Bid and the City acceptance of same, the Bidder shall indemnify, defend (with counsel acceptable to City), and hold harmless the City, its City Council members, employees, and agents from liability, claims, demands, damages, and costs arising therefrom if such dispute or action arises solely upon the award of a Contract in compliance with federal, state, and local laws. The Bidder declares that neither he/she nor anv member his/her firm or corDoration is an officer or emDlovee of the Citv of Vernon I hereby certify under penalty of perjury under the laws of the State of California that the representations made herein are true and correct. Executed thisJ$ ay ot June ,zozlat Ventura , City CA State Page 28 of 17 5 Nort Colborn Date of lnspection - Bidder's Proposal Respectfully Submitted COI\,4PANY NAME: NAME OF BIDDER J.D.M.L., lnc. dba Standard lndustries ADDRESS: 1905 Lirio Avenue Ventura cA 93004 CONTACTpERSON. NodColborn TELEPHONENUMBER: 805-643-6669 E-MAIL: NORT@sTAxpAE9l.CqM EXPIRATION DATE 02t2812023 SURETy CoMpANy. Merchants Bonding Company All Bid forms must be signed where so indicated by the person or persons duly authorized to sign on behalf of the Bidder. By signing the Bid, the person signing is deemed to represent that he or she has authority to bind the Bidder. Failure to sign the Bidde/s Proposal may invalidate the Bid. CALIFORNIA STATE CONTRACTOR'S LICENSE NUMBER. 702530 TAX |DENTIFtCATtON NO. 93-0989523 Page 29 of 175 BIDDER'S PROPOSAL _ SIGNATURE(S): Form of Entity of Bidder: Please check the appropriate signature block below and flll in a[ related information Sole Proprietorship Na me Title Signature List all d/b/a's Partnership: Name: E General Pa(ner E Limited Partner Tte Signature x Corporation Name: Joint Venture Name Scheck flCorporation E tndividuat State of lncorporation: Ventura County, California Address: 1905 Lirio Ave. Ventura CA 93004 Corporate Officer Title:President Corporate Seal Tte Signature Name of all Joint Venturers lf the Bidder is a corporation or a limited liability company, enter state or county of incorporation in addition to the business address and include an incumbency certificate executed by a Secretary thereof in the form set forth herein listing each offlcer with signing authority and his/her corresponding office. lf the Bidder is a partnership or joint venturer stating that the respective partner or joint venturer agrees to be held lointly and severally liable for any and all of the duties and obligations of the Bidder under the Bid and under any contract arising therefrom. Attach evidence to the Bid Proposal Form that the individual signing has authority to do so.l Page 30 of 175 Signature EPartnership E other- I I I SCHEDULE OF BID PRICES PROJECT: Pum0in0 Plant Demolition and Site lm ments. SDecilication No. (LP-0737) BtDDER,S 1'1qyg J.D.M.t., lnc. dbq Stondord lndustries BASE BID Pursuant to and in compliance with your Notice lnviting Bids and Contract Documents relating to the Project including all Addenda (attach signed copies), Bidder, having become thoroughly familiar with the terms and conditions of the Contract Documents and with local conditions affecting the performance and the costs of the Work at the place where the Work is to be done, hereby proposes and agrees to fully perform the Work within the time stated in strict accordance with the Contract Documents (including the furnishing ofany and all labor, materials, tools, expendable equipment, and utility and hansportation services necessary to fully perform the Work and mmplete it in a workmanlike manner) for the total Base Bid sum of: three hundred ninety-seven thousand six hundred thirteenDollars ($397,613 All other work items, labor, materials, tools and incidentals which are not specifically listed in the above bid items, but are necessary to complete the prqect per specifications, and all other applicable standards and codes are considered to be included in the above bid items. lf there is a discrepancy between (1) the'Grand Total'shown immediately above, (2) any of the lotal costs" shown in the far nght column above, or (3) the individual Unit Price, then the Unit price shall control over the total cost, and the total cost shall control over the total. lf, however, the unit price is ambiguous, unintelligible, or uncertain for any cause, Item No. Description Units Quantity Unit Cost Amount t LS I $8,000 2 Demolish two 500,000 gallon steel reservoirs, pump house building, structure foundations, and associated pipe materials and appurtenances LS t $70,670 3 Remove all existing AC pavement and CMB. lnstall new CMB and new AC pavement as shown on the grading plans. LS 1 85,000 $85,000 4 Remove existing perimeter chain link fence and L5 1 950 5 lnstall new perimeter security fence system and gate LS I $232,993 s397,613 Written Amount 5 three hundred ninety-seven thousand six hundred thirteen dollars Mobilization and Demobilization $9s0 Bid Total or is omitted, or is the same amount as the entry for the iten total, then the item total shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Bidder shall exclude the cost of Permit Fees from Bidder's Base Bid sum; Base Bid sum shall include the cost of administration and coordination of Governmental Approvals and Utility Fees. Bidder acknowledges that determination of the lowest Bid will be based on the combined total of the amounts entered below for the Base Bid plus all of the listed Bid Altemate items, and that once the low bid is determined on this basis, the City will be free to select Bid Altemates for inclusion in the Work in any order or combination, or to relect any or all Bid Alternates. bmitted: John Scheck 1905 Lirio Avenue Ventura CA 93004 re Address 9resident b-z-v' 7-1- Title 702530 Date o2t28t2023 License Number {SEAL- if Bid is by a corporation) Date of Explration )eq.,ovrw1 vlz''tla llt.st 6P* Sc$rcr Amou:l cf Certifled or Cashieis Check or Bid Bond Not to exceed 10 Percent ol the Total amounl Bid Merchants Bondinq Compa ny Name of Bonding Company Page 32 of 175 V INCUIVBENCY CERTIFICATE Print legibly the names and title of the president and all officers of the Company who are authorized to sign the Bid Forms: TITLE President Joseoh Scheck Secretary Lennie Scheck Treasurer The undersigned hereby certifies to the City of Vernon that he/she is the duly elected and acting Secretary of J.D.M.L., lnc. dba Standard lndustries (the "Company"), and that, as such, he/she is authorized to execute this lncumbency Certiflcate on behalf of the Company, and further certifies that the persons named above are the duly elected, qualified and acting offlcers of the Company, holding on the date hereof, the titles and positions set forth opposite their names and are authorized to sign the Bid Forms. lN WITNESS WHEREOF, the undersigned has executed this Incumbency Certilicate tnu & Ll\.v of June ,204 Joseph Scheck Se ry's Name-Pri cretary's Signature Pagc 33 of 175 PRESIDENT'S & OFFICERS' NAME: John Scheck Bond's Effect ve Dale: 6/23/2022 Bond No.: MBCOI 138 Premium Amount: $ N/A BID BOND RECITALS: Bid Bond Number: MBC0113E The city of venbn, califomia ('c y"), has issued a Notice lnviting Bids ror the work described as follows: Specification No. LPos737 : Pumpns Plant Demolilion ancl site lmprove'nonE in Vemon, CA ("Proiecf) 2. ln response to the Notice lnviting Bids,JoML, lnc, dba Standaftl lfldtistrios (Na me, address, and telephone of Contraclor) 1905 Lirio Avenue. Ventura. Calibmia 93004 {80t 64}4669 ('Principal') has submitted the accompanying Bid hr he Pmiect. 3. principal is required under the terms of he Specification-and all Bidding Doflments relerenced in it--{o fumish a bond witl the Bid, 4. The Specification, including all its amendments and supplements, and Principal's Bid are incoryorated into his Bond and made a part of it by tis refercnce. QEIIGA]I9N: IHEREFORE, for value received, We, Principal and MercltanB Bondinq Company (Mutral) (Name, address, and telephone of Surety) 0700 $bsiown ParkwEy,Vlbsl Des Moine. 50266 (600)67&8171 ('SuIety"), a duty admitted surety insurer under califomia's laws, agree as lollows: By his Bond, Weioin y and severally obligate and bind ourselves, and our respeciive heirs, executors, administrators, suc@ssors, andassignstopaycity'n.*n.,.,,o,edSum,),thisamoUnt i" A,d, il |,"fuI -'""ey of th" Ui ted States ofAmerica' The Licensed Agent for Surety is Ed06i/ood Parlners lnsurarEe Centor 1 08r/ White Rock Rd .Sb 3OO, Rsncho Cordova, CA 95670 (916) 97it_4814 (Name, address, and telePhone) Registered Agent's Calilomia Department of lnsurance License No.9E99L- THE CONDIT|ON OF IHiS BONO',S OBL|GATIoN tS THAT, if: (1) Principal does not (a) withdraw ils Bid ror the poriod spocifi€d in tre Bidding Documents, or it no period is specified lor ninety (00) calendar days after City awards the Crntracl for the Project, or (b) attemit to witdraw its Bid when the requirements of Califomia Public Contracl Code $5101 elssg., or any su@essor Iegislaion, dre not met; or (2) City awards Priniipal tE Confacl in response to_ Principal's Bid, and withinlhe,tjme and manner s&meO 6y tne Speciicati'on or Conhact Documents or if no period is specified witrin fourteen (14) calendar days.after the dontracis iwarO, irincipal (a) signs and delivers to City the Coitracl, in ac@rdance with he Bid as accelted, (b) fumishes.the reqrireO UonOitd|" not o'nty Frincipal's faitfrtul performarice and proper fulfillment ol the Contract, but also Principal's payment for labor and materials used'in the Prqecl, and (c) fumishes tre required insurance, then flis obligation becomes null and void. Ofierxise. this Bond remains in fu bi6 and efi;d, and he lollowing tenns and conditions @pry b fiis Bond: 1. Surety',s obligations under $is Bond are separate, independent from, and not contingent upon any-oher surety's guaranteeing that u'pon Ci['s awarding the Contract to Principal, the Principal will enter into the Contract witt Clty. 2. No right of action acc{ues on this Bofld to any entity other than Clty or its successors and assigns 3. lf an action at law or in equity is necessary to enforce or interpret this Bond's terms, Surety must pay in addition to the Bonded Sum City's reasonable attorireys' Iees and litigation cosb, in an amount tfie court fixes 4. Surety shall mail City written noUce at teast 30 days before: (a) he_ effeclive date on which he Surety will cancel, terminate' or withdraw frorn his Bond; or (b) this Bond becolnes void or unenlorceable for any reason' Page 34 of 175 On the date set forth b€low, Principal and Surety duly executed this Bond, wih ttle nam€ of each party appearing belo,r, and signed by its representative(s) under the aufDrity of its goveming body Date. June 23, 2022 PRINCIPAL: JDML. lnc., dba Standard lndustries SU Bonding Name) (Signature) (Nam6)(Namo) ItS. Attorney-in-Fact By Its By {Tlte)[rite) Address hr SentB Notixs or ofier DcrEnb:Address for Serving NotiFs or Otpr oocwenb: JDvtu F(.V nd6{d \Merchanls Bonding Company (Mutual) \Qt..V !t h/^\^r PO Box 14498 Des Moines, lA 50306-3498 cA 61)& CORPORATE SEAL CORPORATE SEAL . EVIDENCE MUSI BE ATTACHED OF THE AUIHORIry OF ANY PERSON Si GNING AS ATTORNEYIN.FACT'. THE AITORNEYINfACrS S/GNAruRE MUST BE N?TAPJZED.. A CORPORATE SEAI MUSI BE /MPRESSED ON Itl/S FoRM WHEN IHE PRINCJPAL, OR IHE SUREry OR BOIH, ARE,4 CORPORA IION, Page 35 of 175 I BOND ACKNOWLEDGMENT FOR SURETY'S ATTORNEY.I N.FACT Please see attadled califomis AllPurpose Notary Acknowledgment for Sandra R. Black STATE OF CALIFORNIA COUNTY OF On this - day of -,m-, before me, -( Publicior said County, personally appeared (name), who proved to me on the basis of to be the person whose name is subscnbed to this instrument as the attorney in fact of and acknowledged to me that he/she subscnbed the name ol as attorney in fact, thereto as pnncipal, and his/he own name I certify under PENALTY OF PERJ under the laws of the State of Califomia that tho foregoing paragraph is true and correct, Public SS SEAL Page 36 of 175 ) ) ) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Ventura ) on 612412022 before me,Leona Maria Russian, Notary Public (insert name and title of the officer) personally appeared John Scheck who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. @;*;,#:{I;*:,. t I Signature (Seal)i n o tary p U b c o r oth r offi f co mpl eting th rti fi cate rifiesSceVE o n ly the id entity of the I n d id U a wh o SI s n ed thdocumenttowhchthsrtificatechedd e S a n acc U .acy of valid ty of th at d ntocume STATE OF CALIFORNIA County of Sacramento On6 29 before me, E. Johnson , Notary Pubtic, lnserl Name of Notary exactty as it appears on the officjal seal personally appeared Sandra R. Black CALI FORNIA ALL.PURPOSE ACKNOWLEDGMENT ) Neme(s)or signe(s) iJO HNSON ra ratY PUaLrc . c^lrdut coMM r 231061 SAC RAMENTO COUNTYc')lTrm. who. proved to me on the basis of satisfactory evidence tooe.the person(s) whose name(s) is/are subs'cribed to thewrthrn tnstrument and acknowledged to me that he/she/thevexecr.rted the same in h is/her/their autrorizeoiaoiiitiiieJi and that by hiyher/their signature(s) on tne instiumiiilnljp9li9n!il: or. the ,entity.upon behajf of which the person(sjacted, executed the instrument l. certfy under PENALTY OF PERJURY under the laws ofthe, State of Catifornta that the foregoing paEgraph ;; trreand correct. &a. Witness my hand Signature 1n b Signature ot Notary do Place Nobry SeatAbove rh*sh'T;?1:ilff 3i"?31,{f ,:,9?,i;fr?i;:frlfL,3{al,#1"fl!,1, Description of Aftached Document ''"fr { o.ifr!' "t :i,1 7;:l&i,e/v i n s o n th e d oc u m e n t Title or Type of Document: Document Date:Number of Pages Signe(s) Other Than Named Above Capacity(ies) Ctaimed by Signer(s) Signer's Name E lndividual E Corporate Officer -Tifle(s)E Partner ! Limiteo ! GeneratI Attorney in Faci E Trustee E Guardian or Conservator E Other: Signer's Name fl lndividual E Corporate Offic€r - l'j e(s) E Partner E Limited D General E Attorney in Fact E Trustee E Guardian or Conservator E Other: Signer is Representing Top of thumb here RIGHT THUMBPRINT OF SIGNER Top of thumb here RIGHT THUI\,1BPRINT OF SIGNER not the truthfulness, ?azz I Signer is Representing: I MEncHeNrFl BONDING COMPANY- POWER OF ATTORNEY KnowAllPersons By Tlrese Presents, thal MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, lNC., bolh being corporalions of the State of lowa (herein collecUvely called the "Companies") do hereby make, constitule and appoint, individually, Chelsea Nieison; Erin Johnson, Jonathan Russell; Robin L Amstutz; Sandra R Black; Stella Wnterboume their true and laMul Attomey(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, conkacts and other written instrumenls in the nalure thereof, on behalf of lhe Companies in their business of gua.anteeing the fdelity of persons, guaranteeing the performance of contracts and executing or guaranleeing bonds and underlakings required or permitted in any actions or proc€edings allowed by law. This Power-of-Altorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (l\4utual) on April 23, 2011 and amended August '14, 20'15 and adopted by the Eoard of Directors of lverchantsNational Bonding, lnc., on October 16, 20'15. "The President, Secretary, Treasurer. or any Assistant Treasurer or any Assistant Secrelary or any Vice Presidenl shall have power and authority lo appoint Attorneysin-Fact, and to authorize them lo execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and olher wrtings obligatory in the nature lhereof" .Ihe signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic lransmission to any Power ot Attomey or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signalure and sealwhen so used shall have lhe same force and effect as though manually fxed." ln connection with obligations in favor of the Florida Depanmenl of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in-Facl includes any and all consents for the release of retained percentages and/or final estimales on engineering and construction contracts required by the State oI Florida Departrnent of Transportation. lt is tully understood that consenting lo the State ot Florida Departrnenl of Transportation making payment of the final estamate to the Contractor and/or its assignee, shall nol relieve this surety company of any of its obligations under its bond. ln conneclion with obligations in favor ot the Kentucky Department of Highways only, it is agreed that the power and authority hereby given lo lhe Attomey-in-Fact cannot be modified or revoked unless pnor writlen personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonweallh of Kentucky at least thirty (30) days prior to the modification or revocation. ln Wtness \Mereof. the Companies have caused this instrument to be signed and sealed this 30th day of Ma.ch , 2022 MERCHANTS BONDING COMPANY (MUTUAL) MERCHANT NATIONAL BONDING, INC. On this 30th day of March 2022 . betorc me appeared Larry Taylor, to me personalv known, who being by me duly swom did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, lNC.; and lhat the seals affxed to the foregoing instrument are the Corporate Seals of the Companiesi and lhat the said instrumenl was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. By 7r4-.g=l$ti.' i$t' :n',,',?ri"#i*, " t** ,llrS fao' u. tT (Expiration of notary's commission does not invalidate this instrumenl) L Wlliam Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, lNC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, wNch is still in full force and effecl ard has not been amended or revoked. ln Vlfitness Vvhereof, lhave hereunto set my hand and affixed thesealoftheCompaniesonthis 23 day of June .2022 fffi} POLLY MASON Commission Number 750576 My Commission Expires January 07, 2023 4al"Y\\^s,'^- C)Notary Public POA 0018 (1/20) $:t'llr,;;,;3.-+ -o- Ei9i '..n:. 2003 .....o_!.-e:.. .j.\ i ?:::*::..:i ..,.,$ooii,t;, ?il,1i'+Secrelary BIDDER'S STATEMENT OF QUALIFICATIONS 1. ORGANIZATION 1.1 How many years has your org anization been in business as a Contractor? 34 1.2 How many years has your organization been in business under its present name? 4 1.2.1 Under what other names has your organization operated? NONE. 1.3 lf your organization is a corporation, answer the following 1.3.1 Date of incorporation/organ i7s1isn. 121511988 1.3.2 Stateofincorporation/organ ization: California '1,3,3 Corporate lD number c1631763 1.3.4 Name of President: John Scheck 1.3.5 Agent for Service of Process John D. Scheck 1.4 lf your organization is a partnership, answer the following 1.4.1 Dateoforganization/formation N/A 1.4.2 Type of partnership (ifapplicable)N/A 1.4.3 Name(s) of general partne(s)N/A 1,4,4 List all states in which you are registered and state lD numbers for each N/A '1.5 lf your organization is individually owned, answer the following '1.5.1 Date of organization:N/A 1.5.2 Name of owner:N/A 1.6 lf the form of your organization is other than those listed above, descnbe it and name the principals:N/A Page 37 of 175 2 LICENSING 2.1 List jurisdictions in which your organization is legally qualified to do business, indicate registration or license numbers. and category of license, if applicable. California State Contractor's Board - 702530 - A c-21,HM 22 List jurisdictions in which your organization's partnership or trade name is filed Ventura County List any licensing suspensions and/or violations assessed against your organization within the past five years. NONE. 3. EXPERIENCE 3.1 List the categories of Work that your organization normally performs with its own pe rsonnel. Demolition and Gradino 3.2 0n the Experience Form, list the project information that establishes that Bidder meets the essential requirements for qualilication set forth in the lvlandatory Qualifications paragraph of the Notice Inviting Bids for this Project. On a separate sheet, list projects to which your firm or business has been awarded a government contract since your flrm or business has been in existence (giving the name and address of the project, the government agency, contact name and phone number, the contract amount, and contract's starting date and ending date). 3.4 On a separate sheet, Iist the expenence and present commitments of the key individuals of your organization. 4. CLAI[4S; LAWSUITS; CRIMINAL ACTS For the following questions, the term 'ownef does not include owners of stock in your flrm if your lirm is a publicly-traded corporation. 4.1 ln the past live (5) years, have, you, your firm or any of its owners, partners, officers, or employees been a defendant in court, or participated in an arbitration or mediation, on a matler related to: 2.3 Page 38 of 175 4.1.1 The performance, non-performance, default, violation, or breach of a contract or agreement? Eves ENo 4.1.3 Damage to real property arising out of your services or operations? Eves trNo 4.1.4 Employmenlrelated litigation brought by an employee of your firm? Evrs ENo 4.1.5 Payment to a subcontractor or supplier? Eves trNo 4.1.6 Defective, deficient, or substandard work? Eves 8No lf the answer to any questions in 4.1 .1 to 4.1.6 is YES, identify the name of the person or entity that sued (i.e., "the plaintiff') or was involved in the mediation or arbitration; list the date, court, court address, and case number; describe the facts and crrcumstances giving rise to the lawsuit, mediation, or arbitration; and set forth the outcome or disposition. Attach additional sheets as necessary. 4.2 Have you or your lirm ever filed a claim for damages or a lawsuit, or requested arbitration or mediation, against a government entity or a Client? nvrs truo lf YES, identi{y the government entity or client; list the date, court and case number; describe the facts and circumstances about the claim for damages, or the lawsuit, or both; and set forth the outcome or disposition. Attach additional sheets as necessary. 4.3 Are there any pending or outstanding judgments or liens against you, your firm, or any of its owners, partners, officers, or employees? trvrs E ruo lf YES, identify the name of the person or entity entitled to payment; list the date court and case number; describe the facts and circumstances giving rise to the judgment or lien; and set forth the amount of the judgment or lien. Attach additional sheets tf necessary. 4.4 In the past five (5) years, has any government entity ever: (a) investigated, cited, disciplined, Page 39 of 175 4.1.2 A vehicle collision or accident involving your firm's employees? trves trNo 4.5 4.O 4.7 48 or assessed any penalties against you, your flrm, or any of its owners, partners, offlcers, or employees, or (b) determined or concluded that your firm or any of its owners, partners, officers, or employees violated any laws, rules, or regulations? Eves Eno lf YES, identify the government entity; list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. ln the past five (5) years, have you, your firm or any of its owners, partners, officers or employees been convicted of a cnme related to the bidding of a government contract, the awarding of a government contract, or the performance of a government contract? ('Convicted' includes a verdict of guilty by a ludge orjury, a plea of guilty, a plea of nolo contendere, or a forfeiture of bail.) trvrs Eno lf YES, identify the government entityt list the date, court and case number; describe the facts and circumstances about each instance; and set forlh the penalty or punishment imposed. Attach additional sheets as necessary. ln the past five (5) years, have you, your firm, or any of its owners, partners, officers or employees been convicted of a crime involving embezzlement, thefr, fraud, forgery, bribery, deceptive or unlaMul business practices, pequry, falsifying or destroying records or evidence, or receiving stolen property, or making or submitting a false claim? nves Eruo lf YES, identify the crime or offense; list the date, court and case number; descnbe the facts and circumstances about each instancei and set forth the penalty or punishment imposed. Attach additional sheets as necessary. Have you or, if Bidder is a corporation, any principal of the corporalion ever been convicted of a felony? Eves tsNo lf YES, please explain the details of that conviction and, if so, whether you or said officer have served his or her sentence. ln the past live (5) years, has a government entity determined or concluded that you, your firm, or any of its owners, partners, officers or employees made or submitted a false claim (including a false claim for payment), or made a material misrepresentation? trvrs Eruo lf YES, identify the government entity, and descnbe the facts and circumstances about each instance. Attach additional sheets as necessary. Page 40 of 175 4.9 Have you or your company ever been charged by any governmental agency for failure to follow safety procedures? lf YES, please explain. E vrs tr r,to 4.10 Has any governmental agency ever submitted a complaint against you or your firm to the California State Labor Commission for failure to submit certified payrolls? lf your answer is 'Yes', please provide the details of such complaint. EYES Eno 5. FIRM'S OPERATIONAL STATUS 5,1 . ln the past seven (7) years, has your firm, or anyone else acting on behalf of your firm, filed for bankruptcy, insolvency, receivership, or reorganization? nvEs Eruo lf YES, list the liling date, identify the court and case number; describe the facts and circumstances giving rise to each instance; and set forth the disposition or current status Attach additional sheets as necessary. 5.2 lf YES, list the filing date, and describe the facts and circumstances about each instance Attach additional sheets as necessary. ls your firm in the process of, or in negotiations toward: (a) consolidating, merging, selling, or closing its business, or (b) laying off employees or reducing staff? nves Euo lf YES, describe the transaction; list the anticipated date for completing the transaction, laying off employees, or reducing staffi and describe the facts, circumstances, and reason for taking the action. Attach additional sheets as necessary. 6. BIDDING; DEBARMENTT C0NTRACT PERFORIVANCE 6,'1. Has a govemment entity ever debaned, disqualified, removed, suspended, or otherwise prevented you or your firm from bidding on, contracting, or completing a construction prolect? nves Ero ln the past five (5) years, has your firm had an consolidations, mergers, acquisitions, closings, layoffs or staff reductions? Eves trNo Page 4l of 175 o_t b,J 6.4 6.5 6.6 lf YES, identity the name of the government entity, list the date, and describe the facts and circumstances about each instance, and state the reason for the government entity's action against your firm. Attach additional sheets as necessary. Has a government entity ever rejected your firm's Bid or Proposal on the ground that you or your firm is a "non-responsible" bidder or proposer? Eves Eruo lf YES, identify the name of the govemment entity, list the date, describe the facts and circumstances about each instance, and state the reason or basis for the government entity's determining that your Ilrm was a "non-responsible' bidder. Attach additional sheets as necessary. Have you or your firm ever failed to fulfrll or perform - either partially or completely - a conkact or an agreement with a govemment entity or a cli€nt? trYES ENo lf YES, identify the name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. lf YES, list the date, and describe the facts and circumstances about each instance, Attach additional sheets as necessary. Has your firm ever advised a government entity or a client, while your firm was under contract with the government entity or client, that your firm could not (or would not) fullill or perform - either partially or completely - the contract or the agreement based on the prices that your firm had originally submitted in a Bid or a Proposal? nvrs Eno lf YES, list the date, identify the name of the government entity or client, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. Has your firm ever requested a government entity or a client, while your firm was under contract with the government entity or client, to renegotiate one or more terms ofthe existing mntract or agreement? n YES tr tto lf YES, identify the name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. Page 42 of 175 ln the past five (5) years, have you or any officer or principal of your firm been an officer of another firm which failed to perform a conkact or agreement? nvrs trno 6.7 btt 6.9 6.10 INSURANCE AND BONDS 7 .1. ln the past ten years, has an insurance company or a surety company 7.1.1. Refused to insure your lirm for liability coverage? nves Eruo 7 .1.2. Canceled or non+enewed your firm's insurance coverage? nves ENo 7 .1.3. Refused to issue your firm a bond? Ives Eno Has your firm ever requested a government entity or a client, while your firm was under contract with lhe government entity or client, to: (a) cancel the contract or agreemenl, or (b) release or discharge your firm form the contract or agreement? Evrs trro lf YES, identify the name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. Has a government entity or a client ever terminated, suspended, or non+enewed your firm's contract or agreement before its completion? trvrs truo lf YES, identity the name of the government entity, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. Has a govemment entity or a client ever notified or advised your firm that your firm's performance under a contract or agreement was poor, sub-standard, deficient, or non- compliant? !ves trru0 lf YES, identify the name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary. ln the past five (5) years, has your firm paid, or has your lirm been assessed, liquidated damages on a contract or agreement? E ves El tto lf YES, identify all such contracts/projects by owner, owner's address, the date of completion of the prolect, amount of liquidated damages assessed, and all other information necessary to fully explain the assessment or payment of liquidated damages. Attach additional sheets as necessary. 7 Page 43 of 175 8 7.2 SURETY 7 .1.4 Canceled or revoked a bond obtained by your flrm? EYES trruo lf the answer to any questions in 7.1.1 lo 7.1.4 is YES, identify the name of the insurance company or surety company, list the date, and describe the facts and circumstances about each instance. Attach addition sheets as necessary. ln the past ten (10) years, has an insurance company or surety company made any payments on your firm's behalf as a result of a default, to satisry any claims against a performance bond, payment bond, or maintenance bond issued on your firm's behalf? EYES trno lf YES, identify each contract completed or amount of each claim, the name and telephone number of the claimant, the date, grounds and current status of the claim, and if resolved, the method, nature, and amount ofthe resolution. Attach addition sheets as necessary. lf a performance and/or payment bond is required by this bid, identify the bonding company if arrangements for the bond have been made; if not, identify the bonding company for the Contractor's most recent oroiect: Merchants Bonding'C<impany 8.'1 8.2 Name and address of agent: Edqewood Partners lnsurance Cente r - Sandv Black (91097+4514 10877 White Rock Rd., Suite 300, Rancho Cordova. CA 95570 All ofthe above statements as to experience, financial quaiilications, and available plant and equipment are submitted in conjunction with the proposal, as a part thereof, and the truthfulness and accuracy of the information is guaranteed by the Bidder. I hereby certif,/ under penalty of perjury under the laws of the state of California that the representation made herein are true and correct, Sig nature of Bidder (/lu>s- nc.n a ustriesn-J Scheck/President Page 44 of 175 BIDDER'S EXPERIENCE FORIV PROJECT NAME: Pumping Plant Demolition and Site lmprovements SPECIFICATION NO. Contract No. LP-0737 COMPANY NAME: J.D.M.L, lnc. dba Standard lndustries ***Please use additional sheels if necessary lnviting Bids for this Prolect. CONTRACT CONTRACT CONTRACT PROJECT NAME AND CONTACT PHONE START DATE END DATE $ AMOUNT AGENCY ADDRESS CONIACT NAME NUI\4BER 04t2a12021 05t20t2021 $51,850 Hauck Mesa Storage Reservoir Lavendar Poinl & N Berry Road, Escondido. CA 92026 Jonathan Hilbun jhilbun@pachydro.com (951) 830-6280 Paciic Hydrotech Corporation 314 E. 3rd St. Perris CA 92570 03to2t2022 04t0712022 $70,265 Skyline Water Tank Replacement 395 Skyline Blvd. Mlillbrea, CA 94030 Carlos Aguilar CAguilar@pachydro.com (951) 906-9458 Pacific Hydrotech Corporation 314 E. 3rd St. Perris CA 92570 o21o712022 03t04t2022 $98,721 Demolition of Reservoir Tower Tank No. 6858 5150'l Tyler Street Coachella, CA 92236 Amer M. Hassouneh AHassouneh@cwvd-org (760) 398-2651 Coachella Valley Water District 75-515 Honey Lane E Palm Deset CA 922'l 'l correct 2 3 lo,4laozz-Signature of Bidder Print name: John eck - President State of California Contractor's License No. 702530 Contractor's License exprration date 02t28t2023 Page 45 of 175 1 All of the above statements as to experience are submitted in conjunction with the proposal, as a part thereof, and the truthfulness and accuracy of the information is guaranteed by the Bidder. I hereby certify under penalty of perjury under the laws of the state of California that the representation made herein are true and 3.3 LIST OF GOVERNMENT PROJECTS PROJECT NAME: COMPANY NAME: Pumping Plant Demolition and Site lmprovements J.D.M.L, lnc. dba Standard lndustries SPECIFICATION NO. Contract No. LP-0737 CONTACT NAME CONTRACT START DATE CONTRACT END DATE PROJECT NAI/E AND AGENCY CONTRACT $ AMOUNT CONTACT PHONE NUMBER 3 08t10t2020 10t07t2020 $290,532 Chandler Well '12 & Croddy Well 14 Site Demolition 3120 S Croddy Way 40l l WChandlerAve Karyn lgar i@mesawater.org 207-5452 Santa Ana CA 92704 Mesa Water District 1 1965 Placentia Ave. Costa Mesa CA 92627 0212612018 04t06t2018 $498,721 ian Clemente High School Jpper Campus Demolition 700 Avenida Pico San Clemenlc CA q2673 d man@capousd org Josh Readman 94 9 2 lapistrano Unified ;chool District 33122 Valle Road San Juan Capistrano CA 92675 09t07t2021 $274,500 Well Site 3 Tank Removal t11 W 'l2th st \4erced, CA 95341 Nicole Tabares 385-6860 City of i/erced 678 West 18th Skeet Merced CA 95340 Page 45 of 175 ADDRESS 1 2 0711212021 STANDAfrPD Departments and Job Descriptions D em o I iti o n C o ntra cto rs: 1905 Lirio Ave Ventura. CA 93004 www.standard 1 .com TITLE NAME YT]ARS EXPERIEi\-CE RESPONSIBILITES President John Scheck 50*years Responsible for all yard and facility operations and the demolition division. Oversees all trading and purchasing functions. Joe Scheck 30+years Responsible for all day to day operations of the business; including receiving and shipping, quality control; maintenance ofall equipment and rolling stock. Senior Project Manager Randy Mayes 3 0*years Responsible for all functions of the demolition division; including estimating and evaluating asbestos, lead and hazardous materials, bid analysis, safety consulting, project coordination. Reports to the president. Project Manager John Colborn 25*years Responsible for all functions of the demolition division; including estimating and evaluating asbestos, lead and hazardous materials, bid analysis, safety consulting, project coordination. Reports to the president. Treasurer Lennie Scheck 30*years Responsible for safe and efficient demolition operations at multiple job sites. Direct work crews as required. Office Manager Leona Russian 20+years Responsible for maintaining company financial records, personnel files, banking, insurance, bonds, liens, compliance, etc. Reports to the president. O State ContractoB' lic #702530 Secretarv CONTRACTOR SAFETY QU ESTIONNAIRE Company Name Standard lndustries Primary Type of Work Demolition and Scrap Recvclinq Person Completing p6r6. Jeff Corse Title:EHS Manager Phone Nu rn6sy. 805-414-2269 s21s 611612022 SAFETY PERFORMANCE List your company's lnterstate Experience Rating [Iodifier (ERM)1 for the three most recent years 20 21 20 20 20 19 79 81 77 2 3 Upon request from the City, the contracto(s) shall provide copies of the following items (a-g); and ltems (d- g) for each listed Subcontractor a). OSHA 300 logs for the most recent three years and current year-to-date b). Verification of ER[/ from your insurance carrier c). lnjury/lllness Report d). Complete written Safety Program e). Training Plans f). Training Certiflcates for Employees g). Emergency Response Training 4. Company Safety Contact: a. Name Jeff Corse 1 ERM = applies to workers' compensation policies. lt compares the experience of this contractor to others of similar size, type and ratio. Used against annual premium. lt has a direct conelation to how much the mntractor pays in workers'comp premium Page 46 of 175 1 List your company's number of injuries/illnesses from your OSHA 300 logs for the three most recent years. 2oJ9 20 20 20 21 a. Fatalities 0 0 0 b. OSHA recordable incidents 0 0 0 c. Lost work day incidents 0 0 0 d. Total lost work days 0 0 0 e. Total hours worked 94.826 93J26 67.200 b. Phone 805-414-2269 CONTRACTOR SAFEry QUESTI0NNAIRE (continued) SAFETY PROGRAI\4 1 SAFETY PROGRAIV DOCUMENTATION a, Do you have a written safety program manual? 1) La st revision date 0411912021 b. Do you have a written safety field manual? c. Are all workers given a booklet that contains work rules, responsibilities, and other appropriate information? POLICY AND IVIANAGEI\,4ENT SUPPORT a. Do you have a safety policy statement from an officer of the company? b. Do you have a disciplinary process for enforcement of your safety program? c. Does management set corporate safety goals? d. Does executive management review: Accident reports? Safety statistics?! Inspection reports? e. Do you safety pre-qualify subcontractors? I Do you have a written policy on accident reporting and investigation? g. Do you have a lighlduty, return-to-work policy? h. ls safety part of your supervisor's performance evaluation? i. Do you have a personal protective equipment (PPE) policy? k. Does each level of management have assigned safety duties and responsibilities? Do you have a written substance abuse program? lf yes, does it include (check all applicable boxes): E Pre-employment testing n Return-to-duty testing ! Random testing ! Disciplinary process ! Reasonable cause testing E Alcohol testing No No No No No @*. & @ No N o No No No No No E Post accident testing E National lnstitute on Drug Abuse ! Panel Screen @*o Page 47 of 175 Circle One @no 2. 3 TRAINING AND ORIENTATION a. Do you conduct safety orientation training for each employee? b. Do you conduct site safety orientation for every person new to the job site? c. Does your safety program require safety training meetings? for each supervisor (foreman and above)? How often? I Weekly E Monthly E Quarterly ! Annually ! d. Do you hold tool box/tailgate safety meetings focused on your specific work operations/exposures? How often? I weet<ty ! oaity E otner e. Do you require equipment operation/certilication training? ADMINISTRATION AND PROCEDURES a. Does yourwntten safety program address administratrve procedures? lfyes, check which apply: X_ Pre projecUtask planning L Record keeping L Safety committees LHAZCOM Subslance abuse orevention-X Return-to-work No No X Emergency procedures X Audits/inspections X Accident investigations/reporting L Training documentation .L Hazardous work permits _ Subcontractor prequalifi cation No No No No Other @*o 4 b. Do you have project safety committees? c. Do you conductjob site safety inspections? How often? E Daily E Weekly E [ilonthly E other Do these inspections includes a routine safety inspection of equipment (e.9., scaffold, ladders, fire extinguishers, etc.)? d. Do you investigate accidents? How are they reported? I Total company @*o By project By foreman By superintendent By prolect manager ln accordance with OSHA e. Do you discuss safety at all preconstruction and progress meetings?No Page 48 of 175 f. Do you perform rigging and lifting checks prior to lifting? ($ No ! For personnel I For equipment ! Heavy liftsJ]more than 10,000 lbs.) 5, 6 WORK RULES Do you periodically update When was the last update? a work rules? 4t1912021 No b What work practices are addressed by your work rules? I CPR#irst aid E Access-entrances/stairs E Barricades, signs X Respiratory protection and signals Blasting Communications Compressed air and gases Concrete work Confined-space entry Cranes/rigging and hoisting Electrical grounding Environmental controls and Occupational health Emergency procedures Fire protection and prevention Floor and wall openings Fall protection Housekeeping E Ladders and scaffolds Mechanical equipmenV maintenance/pre-op checks/ operation K Welding and cutting (hot work) E other [ [Iaterial handling/storage ! Temporary heat E Vehicle safety E Traffic control E Site visitor escorting E Public protection I Equipment guards and grounding E lvlonitoring equipment @*o E Flammable material handling/storage Site sanitation I Trenching and excavating E Lockout/Tagout I Energized/pressurized equipment X Personal protective equipment E Tools, power and hand X Electrical power lines trKtrKKE E EK OSHA INSPECTIONS a. Have you been inspected by OSHA in the last three years? b. Were these inspections in response to complaints?ves@ c. Have you been cited as a result of these inspections? lf yes, describe the citations (add additional sheets if necessary) 5 total violations were written. Various from recordkeeping and reporting and training, All violations were corrected a nd submitted to Ca|-OSHA and accepted. 0 Page 49 of 175 NAME OF BIDDER DESIGNATION OF SUBCONTRACTORS J.D.M.L, lnc. dba Standard lndustries Each Bidder must list, on the form provided on the next page, each Subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed in the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Drawings and Speciflcations, in an amount in excess of one-half of one percent of the Contractor's Base Bid Amount. Each Subcontractor must have an active and cunent license, and all requisite specialty certifications, when listed. Bidder must provide the following information for EACH Subcontractor. '1 . The name of the Subcontractor; 2. The trade and type ofwork that the Subcontractor will perform; 4. Subcontractor's license number; and any specialty licenses; and Subletting or subcontracting of any porlion of the Work in excess of one-half of one percent of the Contractot's Base Bid to which no Subcontractor was designated in the original Bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to wnting as a public record of the City setting forth the facts constituting the emergency or necessity. lf the Contractor violates any of the above provisions the Contractor may be in breach of thjs Contract and the City may exercise the option, in its own discretion, to (1) cancel this Contract, or (2) assess the Contractor a penalty in an amount not more than ten percent (1070) of the amount of the subcontract involved, and this penalty shall be deposited in the fund out of which the prime Contract is awarded. lf the Contractor fails to specify a Subcontractor, or if the Contractor specifies more than one Subcontractor for the same trade or type of Work to be performed under the Contract in excess of one-half of one percent ofthe Contractor's Base Bid Amount, then the Contractor agrees that he/she is fully qualified to perform that Work himself/herself, and that he/she shall perform that Work himself/herself. lf after award of Contract, the Contractor subconhacts any such Work, the Contractor will be subject to the statutory penalties. DESIGNATION OF SUBCONTRACTORS FORM IS ON THE FOLLOWING PAGE 3. Location (address) of Subcontractor's place of businessi 5. Dollar value of the Work that the Subcontractor wrll perform. Page 50 of 175 CONTRACTOR'S AFFIDAVIT OF NON-COLLUSION STATE OF CALIFORNIA ) COUNTY OF VENTUTA )ss ) John Scheck being first duly sworn, deposes and says 1. That he/she is the President (Title of office if a corporation, "sole owner," "Partner," or other propertitle)of J.D.M,L, lnc. dba Standard Industries (hereinafter called'Conkactor") who has submitted to the City of Vernon a Bid for the construction of the Pumping Plant Demolition and Site lmprovements; 2. That said Bid is genuine; that the same is not sham; that all statements of fact therein are true; 3. That said Bid is not made in the interest or behalf of any person, partnership, company, association, organization, or corporation not named or disclosed; 4. That Contractor did not, dhectly or indkectly induce, solicit, agree, collude, conspire or contrive with anyone else to submit a false or sham bid, to refrain from bidding, or withdraw his/her bid, to raise or fix the Bid price of Contractor or of anyone else, or to raise or fix any overhead profit, or cost element of Contracto/s price or the price of anyone else; and did not attempt to induce action prejudicial to the interests ofthe City ofVernon, or ofany other Bidder, or anyone else interested in the proposed Contract; 5. That the Conkactor has not in any manner sought by collusion to secure for himself an advantage over any other Bidders or induce action prejudicial to the interests of the City of Vernon or ofany other Bidder, or anyone else interested in the proposed Contract; 6. That the Contractor has not accepted any bid from any Subcontractor or material supplier through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the Contractor from considering any bid from any Subcontractor or material supplier, which is not processed through said bid depository, or which prevent any Subcontractor or material supplier from bidding to any Contractor who does not use the facilities of or accept bids from or through such bid depository; Page 54 of 175 7. That the Contractor did not, directly or indirectly, submit the Contracto/s Bid price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any mrporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except to the City of Vernon, or to any person or persons who have partnership or other financial interest with said Contractor in his/her business. I declare under penalty of pedury under the laws of the State of California that the foregoing is kue and correct. Dated this e,lY\ day ot June2022 at Ventura [Ionthffear J.D.M.L, lnc. dba Standard lndustries City State Contractor Please Print - John Scheck ature resident Tifle CONTRACTOR'S SIGNATURE IVUST BE NOTARIZED CA Page 55 of I 75 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certiflcate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Ventura on 612412022 before me,Leona Maria Russian, Notary Public (insert name and title of the officer) personally appeared John Scheck who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal @,., LEolu LaRll tussllN Not ry Publi( ' Caltforni. lblltun County Coomltrion r 2l3lll0 Cor.m. Exrir.s 0<t 23 202a I1 Signature (Seal) ACKNOWLEDGMENT l 14 I \lr! THE BIDDER,S INSURANCE COMPANY(S) OR INSURANCE AGENT MUST COI\,4PLETE THIS FORM AND THE BIDDER MUST SUBMIT THIS CERTIFICATION WITH THE BID FORMS. l, the undersigned (Please check one box) underwritey'agent, certify that I and the Contractor listed below have jointly reviewed the "lnsurance Requirements" in these Bidding Documents and the Contract Documents. lf the Cityof Vernon ("City") awards the Contractor the Contract for this project, I will be abl+-within fourteen (14) calendar days after the Contractor is notified of the Contract's award-to furnish the City with valid insurance forms (including one or more insurance certificates and additional insured endorsements) that fully meet all of the lnsurance Requirements. CB Specialty Insurance Services 611712022 Name of Insurance Company Amy Cowan Date Amy Cowan Insurance Agent's Name (Printed) (signature),1na-&^ra*v 1800 19th Street lnsurance Agent's Name Bakersfield cA 93301 Address 66'1-283-8100 City State Zip Code cowan@cliffordandbradford.com Telephone Number J.D.M.L.. Inc. dba Standard Industries LP-0737 Contracto/s Name City Specifi cation Number Below State the Nane of lnsurance Company Providing Coverage: DO NOT write "Will Provide,'"To Be Determined," "When Required," or similar phrases. National Union Fire lns Co of Pittsburgh, PA NatonalUnDn Frc lns Co ol Pittsburgh, PA Commercial General Liability National Union Fire lns Co of Pittsburgh, PA Automobile Liability Workers' Compensation Liability Citv Will Purchase Poli CV,if reouired Builders Risk Pollution Liability [NOTE TO CONTRACTOR: See 'lnsurance Requirements' EXHIBII A4 of the Contract for the requirement of obtaining Pollution Liability lnsurance.l NOTE TO THE UNDERWRITER / AGENT: lf the insurance forms that the Contractor submits to the City do not fully comply with the lnsurance Requirements, and/or if the Conhactor fails to submit the forms within the 14-day time limit, the City may: (1)declare the Contractor's Bid non-responsive, and (2)award the Contract to the next lowest responsible Bidder. Page 56 of 175 EmailAddress CERTIFICATE OF EQUAL OPPORTUNITY PRACTICES City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 (323) s83-8811 Website: www.ci ofuernon.o Article I. Affidavit of Equal opportunity Employment & Non-segregation (Form PA-1) Article II. Vendor List Questionnaire (Forms AA-2 & 3) In order to be placed to the City's vendor list and be eligible to receive City business, you must provide the following information except where indicated as "optional." By submitting this form you are declaring under penalty of perjury under the laws of the State of California and the laws of the United States that the information is true and correct. Furthermore, you are certifying that your firm will adhere to equal opportunity employment practices to assure that applicants and employees are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex or age. And, your firm does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. Name of Company:J.D.M.L, lnc. dba ndard lndustries Business Telep hone: 805-543-6669 Address:'1905 Lirio Avenue City:Ventura State: CA Zip 93004 Contact Person Leona Russ E-mail Address LEONA@STANDARD'I.coMn (optional) Tax ID Number (or Social Security Number)93-09898523 Remit Address (if different) 1905 Lirio Avenue Ventura CA 93004 Please state clearly and concisely the type(s) of goods and services your company provides: Demolition,Gradino and Recvclino The following section is oPTIONAL and is for statistical reporting purposes only. ownership (please check all that apply): African-American- Asian- Armenian- Hispanic- NativeAmerican- Disabled- Female- Page 57 of 175 Proiect Workforce Utilization (Form AA-2) This form is to be included in all bid documents for projects involving labor or services valued at $25,000 or more. Instructions: Please indicate the job titles/classifications to be used in the performance of this contract should it be awarded to your firm. Please indicate the number of employees in each job classiflcation as well as the number of new hires, if any, as a result of this contract. Name of Company . J.D.M.L, lnc. dba Standard lndustries Project: Pumpinq Plant Demolition and Site lmprovements. Specilication No. (LP-0737) Job Titles/Classiflcation Estimated number of existing staff to be employed in this classification if awarded the contract Estimated number of new hires to be employed in this classification if awarded the contract DEMOLITION LABOR J DEMOLITION OPERATOR 1 FENCING LABOR 4 PAVING LABOR 4 PAVING OPERATOR 1 Are any current employees or potential new hires Vernon residents? If so, how many? NO. Page 58 of 175 Page 120 of 121 DESIGNATION OF SUBCONTRACTORS Please type or legibly print (attach additional sheets as necessary) Name of Subcontractor Email Contact lnformation Trade and Type of Work to be Performed Business Location Ben's Asphalt,Inc.Daniel.Appleganh\41 bensasphalt.com Paving 2200 S. Yale St Santa Ana CA 92704 Magnum Fence and Security, Inc.ralph(.!maSnumfcncc.com Fcncing 1070 N. Ventura AYc Ventura. CA 93001 venTf, RRA Environmental, Inc.jim@vtenv.com Abatcment 301 Candelaria Rd Oxnard. CA 93030 License Number Public Works Contractor Registration Number Dollar ($)Value 668417 1000001749 s66.,1I l.6f 719567 1000010033 $206,622 989629 100002t 207 $6,000 Page 5l of 175 The Contractor shall not: A. Substitute any person as Subcontractor in place ofthe Subcontractor listed in the original Bid, exceptthat the City may consent to the substitution of another person as Subconhactor in any of the following situations: When the Subcontractor listed in the Bid, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract for the scope of Work specified in the Subcontractor's bid and at the price specilied in the Subcontractor's bid, when that wntten contract, based upon the general terms, conditions, Drawings and Specifications for the Pro1ect or the terms of Contracto/s written Bid, is presented to the Subcontractor by the Contractor; 2. When the listed Subcontractor becomes insolvent or the subject of an order for relief in bankruptcy; 4. When the listed Subcontractor fails.or refuses to meet the bond requirements of the Contractor as set forth in Public Contract Code Section 4108; 5. When the Contractor demonstrates to the City that the name of the Subconhactor was listed as the result of an inadvertent clerical error: 6. When the listed Subcontractor is not licensed pursuant to the Contractors License Law; 7. When the City determines that the Work performed by the listed Subcontractor is substantially unsatisfactory and not in substantial accordance with the Drawings and Specifications, or that the Subcontractor is substantially delaying or disrupting the progress of the Work; 8. When the listed Subcontractor is ineligible to work on a public works prqect pursuant to Section 1777 .1 ot 1777 .7 ol lhe Labor Code; or 9. When the City determines that the listed Subcontractor is not a responsible contractor. B. Permit any subcontract to be voluntarily assigned or transfened or allow it to be performed by anyone other than the onginal Subcontractor listed in the original Bid, without the consent of the City. C. Other than in the performance of'change orders" causing changes or deviations from the original Contract, sublet or subcontract any portion of the Work in excess of one-half of one percent of the Contracto/s Base Bid Amount as to which his/her original Bid did not designate a Subcontractor. Prior to approval of the Contracto/s request for a Subcontractor substitution, the City shall give notice in writing to the listed Subcontractor of the Contractods request to substitute and of the reason for the request. The notice will be served by certified or registered mail to the last known address of the Subcontractor. The listed Subcontractor who has been so notified shall have five (5) Working Days within which to transmit to the City wriften objections to the substitution. Failure to Iile these written objections shallconstitute the listed Subcontracto/s consent to the substitution. lf written objections are liled, the City shall give notice in writing of at least five (5) Working Days to the listed Subcontractor of a hearing by the City on the Contractor's request for substitution. The Contractor, as a condition to asserting a claim of inadvertent clerical error in the listing of a Subcontractor, shall within two (2) Working Days after the time of the Bid Deadline, give written notice to the City and copies of such notice to both the Subcontractor he/she claims to have listed in error and the intended Subcontractor who had bid to the Contractor prior to the Bid Deadline. Page 52 of 175 3. When the listed Subcontractor fails or refuses to perform his/her subcontract; E TI NNAIRE RE DIN B NTRA T R No Bidder shall answer the following questions and submit with his/her Contract proposal '1. Were bid depository or registry services used in obtaining subcontractors bid ures in order to compute your bid?Yes E No lf the answer to No. 'l is "Yes', please forward a copy of the rules of each bid depository you used with this questionnaire. 3. Did you have any source of subcontractors' bids other than bid depositories? Has any person or group threatened you with subcontractor boycotts, union boycotts, or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories? 2 4. 8 YeS lf the answer to No. 4 is Yes", please explain the following details: Date: Name of person or group: Job involved (if applicable): Nature of the threats: Additional comments: (Use additional paper if necessary) 6. Was a conscious effort made to recruit or provide equal opportuni for bids by minority or prqect area subcontractors?Yes t'lo E 7. Was a conscious effort made to recruit and hire project area lower-income residents?YesE NoE Please submit statement. We declare under pena ty of pequry that the foregoing is true and correct. oateo mis lLJso ay of June ,2a22 All ofthe above statements as to experience, financial qualifications, and available plant and equipment are submitted in conjunction with the proposal, as a part thereof, and the truthfulness and accuracy of the information is guaranteed by the bidder. Na Com nyJ President .D.M.L, lnc. dba Standard lndustries John Scheck x Page 53 of 175 5 (a) (b) (c) (d) (e) Page 121 of 121 BIDDING ADDENDA NOS. 1 VERNON PUBLIC UTILITIES 4305 S. Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 June 15, 2022 NOTICE TO BIDDERS – ADDENDUM NO. 1 PUMPING PLANT DEMOLITION AND SITE IMPROVEMETNTS This notice shall be considered as Addendum No. 1 to the Request for Bids for Pumping Plant Demolition and Site Improvements. This addendum modifies the original Request for Bids as noted below. All other portions of the Request for Bids not specifically mentioned in the Addendum, remain in force. Bidder’s Proposal: In the BIDDER’S PROPOSAL, Item 3 was modified. Replace page 31 of the SCHEDULE OF BID PRICES in its entirety with the following page(s): SCHEDULE OF BID PRICES PROJECT: Pumping Plant Demolition and Site Improvements, Specification No. (LP-0737) BIDDER’S NAME: _________________________________________________ BASE BID Pursuant to and in compliance with your Notice Inviting Bids and Contract Documents relating to the Project including all Addenda (attach signed copies), Bidder, having become thoroughly familiar with the terms and conditions of the Contract Documents and with local conditions affecting the performance and the costs of the Work at the place where the Work is to be done, hereby proposes and agrees to fully perform the Work within the time stated in strict accordance with the Contract Documents (including the furnishing of any and all labor, materials, tools, expendable equipment, and utility and transportation services necessary to fully perform the Work and complete it in a workmanlike manner) for the total Base Bid sum of: ________________________________________________ Dollars ($_____________________) All other work items, labor, materials, tools and incidentals which are not specifically listed in the above bid items, but are necessary to complete the project per specifications, and all other applicable standards and codes are considered to be included in the above bid items. If there is a discrepancy between (1) the “Grand Total” shown immediately above, (2) any of the “total costs” shown in the far right column above, or (3) the individual Unit Price, then the Unit price shall control over the total cost, and the total cost shall control over the total. If, however, the unit price is ambiguous, unintelligible, or uncertain for any cause, Item  No.  Description  Units  Quantity Unit Cost  Amount  1  Mobilization and Demobilization LS 1      2  Demolish two 500,000 gallon steel reservoirs,  pump house building, structure foundations, and  associated pipe materials and appurtenances  LS 1      3  Remove all existing AC pavement and CMB.  Install new CMB and new AC pavement as shown  on the grading plans.   LS 1        4  Remove existing perimeter chain link fence and  gates LS 1        5  Install new perimeter security fence system and  gate LS 1        Bid  Total    $  Written  Amount    $  END OF SECTION (PAGE LEFT INTENTIONALLY BLANK) This portion of the addendum is to provide clarification to questions that have arisen during advertisement. The questions and responses are as follows: How should abandoned underground pipe be abandoned? All abandoned pipes larger than 4” in diameter should be plugged with concrete. Cost for this should be included in the most appropriate bid item. Who is responsible for dewatering the Reservoirs? Approximately three feet of water and other miscellaneous debris were encountered within each reservoir. Contractor will be responsible for dewatering. Water may be discharged to the on-site storm drain system. Trash and other debris must be filtered and appropriately disposed of. Cost for this should be include in the most appropriate bid item. Will the Contractor need to get a permit with the adjacent railroad company to perform work? LAJ will need to be notified of the work. Permits shall be required by LAJ. Low voltage and communication are connected to the pump house building. Will these be removed prior to demolition? Prior to construction, the City will vacate the pump house building. Power and communications will be disconnected to the building to be demolished. Will the catch basins need to be adjusted to grade? Yes. All catch basins will need to be adjusted to new finished grade. A new catch basin may need to be provided to replace the existing above ground catch basin. Cost for this should be include in the most appropriate bid item. What is the Engineer’s Estimate for this project? Engineer’s estimate for this project is $200,000.00-$250,000.00. Can you confirm if the existing tank foundation is a concrete ring or complete concrete foundation and also provide the thickness. Record drawings of this facility do not show any detail of the foundation. Larger City owned reservoirs built around the same time were built with foundations composed of an outer concrete ring foundation and compacted soil in the center. According to the bid sheet and grading plan please confirm that the district is requesting the complete removal of the existing AC paving which is assumed to be 4in also the complete removal of existing CMB which is assumed to be 4in. Then grade the site and compact the subgrade followed by placing 4in of new CMB and 4in of new AC. See the revised bid schedule. Contractor will be responsible for complete removal of existing AC and CMB. Contractor will then install new CMB and AC as shown on the grading plans. City Council Agenda Item Report Submitted by: Adriana Ramos Submitting Department: Public Utilities Meeting Date: August 2, 2022 SUBJECT Professional Services Agreement with Bell Burnett & Associates (BB&A) for Specialized Natural Gas Advisory Services Recommendation: A. Find that the proposed Services Agreement with BB&A is exempt from competitive selection pursuant to Vernon Municipal Code (VMC) Section 3.32.110 as the best interests of the City are served by a direct award of the contract without a competitive selection process; and B. Approve and authorize the City Administrator to execute a Professional Services Agreement with BB&A, in substantially the same form as submitted, to provide specialized natural gas advisory services in connection with the planning and implementation of a Natural Gas Procurement Strategy and Energy Risk Management Policy, in an amount not to exceed $100,000. Background: Vernon Public Utilities (VPU) serves as an essential resource to the city's business community, providing a full range of dependable, high-quality utility services including water, electricity, natural gas and fiber optic services. As a natural gas and electricity provider, VPU has significant natural gas procurement requirements for its retail customer gas load as well as for its operation of the newly acquired natural gas powered Malburg Generating Station (MGS). In an effort to ensure current best utility practices are being applied, VPU is reviewing its Natural Gas Procurement Strategy (NGPS) and aims to update the Energy and Credit Risk Management Policy adopted by City Council on April 3, 2012 via Resolution No. 2012-45. On June 7, 2022, City Council approved VPU's annual operating budget and the capital improvement plan for Fiscal Year (FY) 2022-23 via Resolution No. 2022-15. Included in that adoption was an assumption the yearly average forecast natural gas price would be approximately $6 per MMBtu (the standard measurement of a unit of gas). This cost equates to a total budgeted amount of nearly $41,000,000 to generate electricity at MGS and to supply gas service to VPU’s retail customers. This conservative assumption at the time the budget was developed is now presenting a significant challenge for VPU given that unprecedented instability in natural gas supplies is disrupting normal market prices. Impacts caused by supply chain issues from the COVID-19 Pandemic are now compounded by natural gas sanctions imposed in response to Russia’s invasion of Ukraine. Russia is the second largest producer of natural gas globally. This puts tremendous demand on the rest of the global gas supply, driving prices upward. With volatile natural gas prices this calendar year reaching as high as $12 per MMBtu, VPU does not anticipate any immediate relief through the balance of the summer months. Given the global market forces and current market volatility, VPU’s NGPS needs to be more nuanced and sophisticated to mitigate risk and ensure the economic generation of electricity at MGS. Considering the uncertainty surrounding natural gas prices and keeping in mind the long-term procurement contracts of the past, VPU requires specialized advisory services to develop a NGPS and to update the Energy and Credit Risk Management Policy. These measures will mitigate risk and reduce the financial exposure in procuring natural gas moving forward. The objective of the NGPS is to clearly define potential strategies and steps for consideration as VPU evaluates and manages its natural gas requirements and risk parameters for FY 2023-24 and beyond. The focus of the NGPS is to provide a series of recommendations that can be implemented over time to provide clear direction to staff moving forward on the optimal approach to natural gas procurement under more diverse market conditions. BB&A is a financial management and strategic consulting firm serving the utility industry with the financial expertise necessary to construct a procurement strategy in this volatile market. They offer independent development, assessment, and execution of strategic plans and initiatives in the private and public sectors. BB&A’s team comprises long-term industry veterans with over seventy years of experience working at the highest levels in the utility, banking, and consulting industries. BB&A’s principals have significant experience in developing and delivering large-scale, complex capital projects utilizing various financial strategies, including strategy analysis, cashflow modeling and management, and project financing and delivery. The City has used the services of BB&A in the past to assist with the re-purchase of MGS. Scope of Services & Fee Structure BB&A has proposed to assist VPU with developing and executing an NGPS, including identifying meaningful considerations and risks. BB&A’s services would fall into the following three primary areas: 1. Review and quantification of the current environment; 2. Evaluation and development of strategies for VPU in managing gas supply risk moving forward; and 3. Implementation of any recommendations with which VPU elects to proceed. Based on the fee structure of the proposed agreement, VPU would pay BB&A a fixed cost of $100,000. The Fixed Fee shall be payable 50% upon adoption of the Energy Risk Management Policy by City Council and 50% on December 31, 2022. As noted in the Agreement, BB&A's fee is comparable to rates offered to other entities for comparable specialized services. The proposed agreement is exempt from competitive bidding pursuant to Vernon Municipal Code (VMC) Sec. 3.32.110 (A)(10) (contracts for professional services). Staff requests that the proposed agreement be exempt from competitive selection pursuant to VMC Sec. 3.32.110 (B)(2), given the specialized nature of the services rendered in addition to market volatility dictating swift, diligent action to mitigate significant financial risk. BB&A's familiarity with natural gas procurement strategies as well as their experience with financial trading firms will help to ensure that VPU mitigates the volatile gas market. It is in the best interests of the City to award this contract without a competitive selection process. City Council approval of the proposed Agreement with BB&A is required pursuant to VMC Sec.3.32.030 (B) as the total amount of contracts awarded to this vendor in the past twelve months exceeds $100,000. The term of the Services Agreement will be for a period of six months, and any extension or amendment of the agreement would be subject to written amendment and requisite City approvals. The proposed Services Agreement has been reviewed and approved as to form by the City Attorney’s office. Fiscal Impact: Sufficient funds are available in the Vernon Public Utilities, Electric Fund Administration Account No. 055.9000.596200. Attachments: 1. Services Agreement with Bell Burnett & Associates Page 1 of 18 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND BELL BURNETT & ASSOCIATES FOR NATURAL GAS ADVISORY SERVICES COVER PAGE Contractor: Bell Burnett & Associates Responsible Principal of Contractor: R. Alexander Burnett, Principal Notice Information - Contractor: Bell Burnett & Associates 26 Broderick St San Francisco, CA 94117 Attention: R. Alexander Burnett, Principal Email: alex@bbaconsult.net Notice Information - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Carlos Fandino, City Administrator Telephone: (323) 583-8811 ext. 228 Commencement Date: June 20, 2022 Termination Date: December 31, 2022, subject to Section 4.0 herein Consideration: Total not to exceed $100,000.00 (includes all applicable sales tax); and more particularly described in Exhibit A Records Retention Period Three (3) years, pursuant to Section 11.20 Page 2 of 18 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND BELL BURNETT & ASSOCIATES FOR NATURAL GAS ADVISORY SERVICES This Agreement is made between the City of Vernon, a California charter City and California municipal corporation (City), and Bell Burnett & Associates, 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 as authorized by the City Council on August 2, 2022. 2.0 SCOPE OF SERVICES. 2.1 Contractor shall perform all work necessary to complete the services set forth in Contractor's Engagement Letter (Engagement Letter) dated June 20, 2022, Exhibit A, a copy which is attached to and incorporated into this Agreement 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 Agreement. 3.2 Contractor shall not subcontract any services to be performed by it under this Agreement 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 Agreement shall commence on June 20, 2022, and it shall continue until December 31, 2022, unless terminated at an earlier date pursuant to the provisions herein (Term). The Term of the Agreement shall be subject to extension as mutually agreed upon by both parties in writing. 5.0 COMPENSATION AND FEES. 5.1 Contractor has established rates for the City of Vernon which are comparable to rates offered to other entities for comparable services. For satisfactory and timely performance of the services, the City will pay Contractor in accordance with the payment Page 3 of 18 requirements set forth in Exhibit A attached hereto and incorporated herein by reference (Fees and Expenses). 5.2 Contractor's grand total compensation for the entire term of this Agreement, shall not exceed $100,000.00 without the prior authorization of the City, as appropriate, and written amendment of this Agreement. 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 Agreement. Materials shall be of the highest quality. The above Agreement 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. 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 “A,” or as mutually agreed by both parties in writing if, and only 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 Page 4 of 18 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 in accordance with the terms in Exhibit A and incorporated by reference herein. 6.2 Contractor shall submit an invoice for the Monthly Retainer, if any, as described in Exhibit A, and incorporated by reference herein, on a monthly basis. Each such invoice shall provide a detailed description of reimbursable expenses incurred and any extra work performed. 6.3 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment. 6.4 City will pay Contractor the amount invoiced for the Monthly Retainer within thirty (30) days after the City approves the invoice. 6.5 Contractor shall submit an invoice for Milestone Payments, if any, as described in Exhibit A, and incorporated by reference herein, only upon a successful achievement of any such milestone as described in Exhibit A and incorporated by reference herein (Milestone Payments). 6.6 Upon the City’s determination of successful achievement, City will pay Contractor the Milestone Payments, if any, via wire transfer. 6.7 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, COOPERATION AND REPRESENTATIONS. City shall cooperate with Contractor as described in Exhibit A and 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. City has reviewed the obligations, covenants, conditions precedent, requirements and representations made by the City to the Contractor in Exhibit A in its entirety (the “Representations”) and incorporated by reference into the Agreement herein. In accordance with this Section 7, the City affirmatively provides the Representations to the Contractor, and the Contractor may rely upon such the Representations in the fulfillment and execution of the Agreement. 8.0 COORDINATION OF SERVICES. Contractor agrees to coordinate with Contractor as described in Exhibit A and to work closely with City staff in the performance of Page 5 of 18 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 active negligence or willful misconduct, 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. 9.1 City agrees to indemnify Contractor, its officers, 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”) arising from the City’s active negligence or willful misconduct. 10.0 INSURANCE. Contractor shall at its sole cost and expense procure, provide and maintain, and shall require each subcontractor (regardless of tier) to procure, provide and maintain, in effect during the performance of the Scope of Services under this Agreement insurance coverage with carriers reasonably satisfactory to the City, as follows: (a) Workers’ Compensation insurance, as required by the laws of the State of California and in accordance with statutory limits, as required by the state in which the Scope of Services are to be performed, including a waiver of subrogation favoring the City, and Employer’s Liability insurance with limits of not less than one million dollars ($1,000,000) each employee for accident, $1,000,000 each employee for disease, and $1,000,000 policy limit for disease. (b) Commercial General Liability insurance providing coverage for bodily injury, property damage, personal injury, advertising liability, blanket contractual liability, Contractor’s obligations under this Agreement, products and completed operations, and coverage for independent contractors with limits of not less than one million dollars ($1,000,000) for each occurrence, an annual aggregate of two million dollars ($2,000,000), and a products/completed operations aggregate of two million dollars ($2,000,000). Such policy shall cover the City as an Page 6 of 18 additional insured, include a severability of interest provision, and be primary and not contributory with respect to any insurance carried by the City. (c) Commercial Automobile Liability insurance providing coverage for all owned, non-owned, and hired automobiles used by Contractor in the performance of the Scope of Services with a combined single limit of not less than one million dollars ($1,000,000) for each occurrence of bodily injury and property damage. The insurance to be provided by Contractor under this Agreement shall not include any of the following: any claims-made insurance policies; any self-insured retention or deductible amount greater than two hundred fifty thousand dollars ($250,000) unless approved in writing by the City; any endorsement limiting coverage available to the City that is otherwise required by this Section 10; and any policy or endorsement language that (i) negates coverage to the City for the City’s own negligence; (ii) limits the duty to defend the City under the policy; (iii) provides coverage to the City only if Consultant is negligent, or (iv) permits the recovery of defense costs from any additional insured. Contractor shall furnish the City a certificate of insurance evidencing the required coverages prior to commencement of the Scope of Services under this Agreement. Contractor shall provide the City a new or renewed certificate of insurance upon any changes or modifications to coverage including any extension or renewal of required insurance coverage; provided that any changes or modifications to coverage shall be consistent with the requirements of this Agreement. 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 Agreement, 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. Page 7 of 18 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 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 Agreement. 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 Agreement shall not be considered to be a waiver of any other term, condition, default or Page 8 of 18 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 with the Agreement. No waiver of any provision of this Agreement shall be effective unless in writing and executed by a duly authorized representative of the party against whom enforcement of a waiver is sought. 11.7 SUCCESSORS. This Agreement 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. City and Contractor shall not assign or transfer this Agreement or any rights hereunder without the prior written consent of the other party in writing, which may be withheld in the respective party’s sole discretion. No assignment shall release the original parties from their obligations of the Agreement 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. Violation of any law material to performance of this Agreement shall entitle the City to terminate the Agreement 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 Agreement, 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 Agreement shall be deemed an agreement 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 Agreement, including but not limited to, all of the terms, conditions, representations, covenants, obligations, compensation, fees and expenses and warranties described in Exhibit A in its entirety and attached hereto and incorporated in its entirety as part of the Agreement, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or Page 9 of 18 contemporaneous negotiations, representations, understandings, correspondence, documentation, and agreements (written or oral). 11.11.3 Written Amendment. This Agreement may only be changed by written amendment executed 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 Agreement shall be of no force or effect. 11.11.4 Severability. If any provision in this Agreement is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Agreement, 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 Agreement. 11.11.5 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 agreement 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 Agreement, and its execution of this Agreement 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 Agreement, 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. Page 10 of 18 If to the City: City of Vernon Attention: Carlos Fandino, City Administrator 4305 Santa Fe Avenue Vernon, CA 90058 If to the Contractor: Bell Burnett & Associates 26 Broderick St San Francisco, CA 94117 Attention: R. Alexander Burnett, Principal 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 as described in Exhibit A and incorporated by reference herein. 11.17 TERMINATION. City and Contractor may terminate this Agreement in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written notice. If the Agreement is thus terminated by City for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a prorated retainer amount based on the services satisfactorily completed and accepted prior to the effective date of termination, and a prorated amount of any Milestone Payment(s) for services completed toward an unaccomplished milestone. 11.18 ADDITIONAL SERVICES. The City agrees that it will not enter into any contract for services from another party with respect to a potential transaction contemplated under Exhibit A as described herein without the prior written agreement of Contractor. The City represents that it is not a party to any contractual obligation that would be in conflict with the terms of Agreement. In addition, the City agrees that it will not use or share any work product of the Contractor for the purposes of negotiations with any other parties, except as agreed in writing by the Contractor. The City agrees that during the Term of the Agreement, all inquiries, whether direct or indirect, in regard to the Scope of Services and as described in Exhibit A shall be referred to the Contractor. Page 11 of 18 11.19 CONFIDENTIALITY. During the course of the performance of the Agreement, each party may be given access to information (in any form) that relates to the other's past, present, and future development, business activities, products, services, and technical knowledge, and which is identified by the discloser as confidential ("Confidential Information"). A party may use or make copies of the Confidential Information of the other party only to the extent reasonably necessary for purposes of the Agreement. Each party will protect and will not disclose the Confidential Information of the other in the same manner that it protects the confidentiality of its own similar confidential information, but in no event using less than a reasonable standard of care. Each party will restrict access to the Confidential Information to those of its personnel (including such personnel employed by its affiliates) engaged in the performance, management, receipt or use of the Scope of Services under the Agreement, provided that such parties are bound by obligations of confidentiality substantially similar to the terms of this Agreement. Each party will return or destroy the other party's Confidential Information in its possession upon request by the other party. City and Contractor agree to be bound by the terms and conditions of confidentiality as described in Exhibit A and incorporated by reference herein. Nothing in this Agreement will prohibit or limit a party's use or disclosure of information (including, but not limited to, ideas, concepts, know-how, techniques, and methodologies) (a) previously known to it without an obligation not to disclose such information, (b) independently developed by or for it without use of the information, (c) acquired by it from a third party which is not under an obligation not to disclose such information, or (d) which is or becomes publicly available through no breach of this Agreement. 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 Agreement and/or is paying only the amounts to which Contractor is properly entitled under the Agreement or for other purposes relating to the Agreement. The Contractor shall maintain and preserve all such records for a period of at least three (3) years after termination of the Agreement. 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 Page 12 of 18 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 LIMITATIONS OF LIABILITY. Notwithstanding anything to the contrary provided for in the Agreement, it is specifically understood and agreed by both parties that there shall be absolutely no personal liability on part of the directors, officers, members, managers, shareholders, employees or agents of the City or the Contractor. Contractor shall solely look to the City for the satisfaction of any remedy to which the Contractor is entitled in the event of a breach in the Agreement, including any of the terms and conditions outlined herein. 11.24 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this Agreement, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. [Signatures Begin on Next Page]. Page 13 of 18 IN WITNESS WHEREOF, the Parties have executed 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 Bell Burnett & Associates, a California corporation By: Name: Title: ATTEST: _______________________________ Lisa Pope, City Clerk By: Name: Title: APPROVED AS TO FORM: _______________________________ Zaynah N. Moussa, City Attorney Page 14 of 18 EXHIBIT A CONTRACTOR'S ENGAGEMENT LETTER Page 15 of 18 Mr. Carlos Fandino June 20, 2022 City Administrator City of Vernon 4305 Santa Fe Ave. Vernon, CA 90058 Dear Mr. Fandino, Bell Burnett & Associates (“BB&A”) is pleased to submit this proposal to the City of Vernon (“City” or “Vernon”) to assist the City and Vernon Public Utilities (“VPU”) with the planning and implementation of a Natural Gas Procurement Strategy and Energy Risk Management Policy for VPU. As you know, the City has significant natural gas requirements for both its retail load and the newly acquired Malburg Generating Station (“MGS”). The City recently adopted the FY2023 Budget includes an assumption of approximately $6 per MMBtu for natural gas. This assumption is presenting a significant challenge for the City because natural gas prices are considerably higher and are unlikely to decline through the balance of the summer. The City has not purchased or otherwise hedged its future natural gas needs and is dependent upon current spot market prices for natural gas needs. The objective of this work is to quantify the financial exposure to the City and to develop in conjunction with the City a Natural Gas Procurement Strategy and Energy Risk Management Policy to reduce the risk and financial exposure of the City moving forward. Scope of Services BB&A proposes to assist the City with the development and execution of a Natural Gas Procurement Strategy, including the identification of meaningful considerations and risks. As in the past, terms and conditions, scope of work and compensation would be governed under a Services Agreement. Our services will fall into three primary areas: i) the review and quantification of the current environment, ii) the evaluation and development of strategies for VPU in managing gas supply risk moving forward, and iii) the implementation of any recommendations with which the City elects to proceed. These areas include the following: I. Review of the current environment and quantify potential financial impacts on the City compared to the FY2023 Budget II. Development of a holistic and long-term strategy with a specific focus on: o Price hedging, including establishing a strike price for FY2023 and developing clear protocols and procedures moving forward o Execution capability, including strategies to enhance the City’s transaction capacity o Compliance, including a new Risk Management Policy Page 16 of 18 III. BB&A will work with the City, and its Municipal Advisor as needed, to implement any recommendations, including: o New trading platform for expanded counterparties o Line of Credit to support trading activities o Potential Pre-paid Natural Gas Financing o Financial Hedging BB&A may also perform services other than as required and/or necessary under the Services Agreement (“Additional Services”) at the request of the City. When, and if, BB&A becomes aware of the need for, or the City requests BB&A to provide, any Additional Services, such Additional Services shall commence only upon the written authorization of the City, designating the scope of such services, term and compensation. BB&A shall not retain any subconsultants (“Subconsultants”) to provide the Scope of Services without the prior written consent of the City, which shall be at the City’s sole discretion. In the event Subconsultants are used, and agreed upon by the City, Subconsultants must agree in writing to BB&A to comply with the terms and conditions of the Services Agreement. The City agrees that BB&A has been retained to act solely as an advisor to the City and not as an advisor to or agent of any other person, and that any services provided by BB&A under the Scope of Services is not intended to confer rights upon any person not a party hereto (including shareholders, employees, lenders or creditors of the City) as against BB&A or its affiliates, or its or their directors, officers, employees or agents. BB&A is an independent contractor and shall not assume the responsibilities of a fiduciary to the City or its shareholders in connection with the performance under the Services Agreement. The City recognizes that the U.S. Securities and Exchange Commission (“SEC”) has issued rules pertaining to the registration of municipal advisors (the “Municipal Advisor Rule”) that are effective July 1, 2014. The Municipal Advisor Rule, in general, provides that any person or entity that provides “advice” (a recommendation) related to the issuance of municipal securities and municipal financial products that are particularized to a specific need will be a Municipal Advisor. The City agrees that BB&A will not, nor has or will be asked, to provide advice to the City related to the issuance of municipal securities or municipal financial products beyond generally available public knowledge or the provision of general information that does not involve a recommendation regarding municipal financial products or the issuance of municipal securities, and as such, BB&A is not a municipal advisor under the Municipal Advisor Rule. Term The initial term of the Services Agreement shall be from the effective date of the Services Agreement, which shall be the date both parties have executed the Services Agreement, through December 31, 2022 (the “Term”). The Term is subject termination based on the terms in the Services Agreement and subject to extension upon mutual agreement by both parties in writing. Page 17 of 18 Fees and Expenses BB&A would propose to use a similar compensation approach as we have in the past, but at a significantly reduced level. The City shall pay BB&A the fees set forth as follows: (a) Fixed Fee. The City shall pay BB&A a Fixed Fee of $100,000. The Fixed Fee shall be payable 50% upon adoption of the Energy Risk Management Policy by City Council and 50% on December 31, 2022. BB&A is also willing to have the Fixed Fee accrue if there is a reasonable expectation that the City elects to finance any natural gas through a pre-paid natural gas financing. While the Fixed Fee is not contingent upon the execution of a pre-paid natural gas financing, the City would have the right to pay the Fixed Fee from the proceeds of any financing, which shall be at the City’s sole discretion. If the City elects to pay the Fixed Fee from the proceeds of a financing, the Fixed Fee shall be paid at closing along with expenses with no deferred payment, set off or earnout over time. No other conditions precedent or requirements shall be imposed, other than the closing of a Transaction, in order to pay the fees of BB&A by the City. All fees shall be paid via a wire transfer from the proceeds of the financing. Thank you for considering Bell Burnett & Associates. We look forward to the opportunity to work with the City and understand the importance of this assignment. Should have any questions, please feel free to call us at (415) 994-6750. Very truly yours, R. Alexander Burnett Principal, Bell Burnett & Associates 26 Broderick St., San Francisco, CA 94117 Email: alex@bbaconsult.net Page 18 of 18 EXHIBIT B 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.