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20140819 Regular City Council Meeting - Agenda California Public Records Act ("PRA"): In compliance with the PRA, the documents pertaining to agenda items, including attachments, which are presented to the City Council in open session are available for public inspection. They may be inspected during regular business hours in the City Clerk's Office at Vernon City Hall, 4305 Santa Fe Avenue; Vernon, California 90058, and on the City's website at www.cityofvemon.org. No prior appointment is required. Americans with Disabilities Act ("ADA"): In compliance with the ADA, if you need special assistance to participate in a city meeting,please contact the City Clerk's office at(323) 583-8811. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. Agenda City of Vernon pF vE� Regular City Council Meeting Tuesday, August 19, 2014, 9:00 a.m. Council Chamber 4305 Santa Fe Avenue Vernon, California 05 � 'ID os�¢ W. Michael McCormick, Mayor 4 if 'ELY �t+o William J. Davis, Mayor Pro-Tem Richard J. Maisano, Council Member Michael Ybarra, Council Member Luz Martinez, Council Member CALL TO ORDER& FLAG SALUTE CHANGES TO THE AGENDA PUBLIC COMMENT -At this time the public is encouraged to address the City Council on any matter that is within the subject matter jurisdiction of the City Council. The public will also be given a chance to comment on matters which are on the posted agenda during City Council deliberation on those specific matters. PRESENTATIONS 1. Personnel Matters - Service Pin Awards July 2014 Anniversary Employee Name Job Title Years 1. Sergio Canales Assistant Planner 15 2. Jeremy Cross Police Officer 10 3. Paul Hallenberg Firefighter/Paramedic 10 Regular City Council Meeting Agenda August 19, 2014 4. Corey Hernandez Firefighter 10 5. Jonathan Sudduth Firefighter/Paramedic 10 6. Jonathan Van Oeffelen Firefighter 10 7. Andrei Yermakov Information Technology Manager 5 2. Present certificates of appreciation to former members of the Ad Hoc Advisory Committee for Electric Rates and the Ad Hoc Advisory Committee for Business Development in recognition of their service to the City of Vernon. 3. Presentation by Independent Reform Monitor John Van De Kamp on his July 31, 2014 Report on the City of Vernon. 4. Financial Update Presentation by the Finance Director on 2014 Fiscal Year End Financial results and investment and policy discussion. CONSENT CALENDAR-All matters listed on the Consent Calendar are to be approved with one motion. Items may be removed from the Consent Calendar by any member of the Council. Those items removed will be considered immediately after the Consent Calendar. Claims Against the City—Received and Filed 5. None. Minutes—To be Received and Filed 6. Minutes of the Regular City Council Meeting held August 5, 2014. Warrant Registers 7. Ratification of City Warrant Register No. 1404 to record voided Check No. 344667 in the amount of$3,059.00. 8. Ratification of Light& Power Warrant Register No. 362 to record voided Check No. 510658 in the amount of$554.63. 9. Approval of City Payroll Warrant Register No. 698, totaling$2,758,329.39,which covers the period of July 1, through July 31, 2014 and consists of the following: a. Ratification of direct deposits, checks and taxes totaling $2,082,448.59; and b. Checks and electronic fund transfers totaling $675,880.80. 10. Approval of City Warrant Register No. 1406, totaling $1,751,854.25, which covers the period of July 29, through August 11, 2014, and consists of the following: Page 2 of 7 Regular City Council Meeting Agenda August 19, 2014 a. Ratification of wire transfers totaling $1,375,213.49; and b. Ratification of the issuance of early checks totaling $170,445.75; and c. Authorization to issue pending checks totaling $206,195.01. 11. Approval of Light & Power Warrant Register No. 371, totaling $1,182,383.66,which covers the period of July 29, through August 11, 2014, and consists of the following: a. Ratification of wire transfers totaling $1,058,352.20; and b. Ratification of the issuance of early checks totaling $123,330.42; and c. Authorization to issue pending checks totaling $701.04. 12. Approval of Gas Warrant Register No.159, totaling $253,112.13,which covers the period of July 29,through August 11, 2014, and consists of the following: a. Ratification of wire transfers totaling $233,618.54; and b. Ratification of the issuance of early checks totaling $19,307.89; and c. Authorization to issue pending checks totaling $185.70. City Administration Department 13. A Proclamation of the City Council of the City of Vernon declaring the month of September 2014 as "Childhood Cancer Awareness Month". Fire Department 14. Activity Report for the period of July 16, through July 31, 2014, to be received and filed. Health and Environmental Control Department 15. July 2014 Monthly Report, to be received and filed. Human Resources Department 16. A Resolution of the City Council of the City of Vernon approving the industrial disability retirement application of Steve Wiles, a local safety member formerly employed by the City Of Vernon (Government Code Sections 21154 and 21156) Recommendation: (1) Find that approving an Industrial Disability Retirement Application is exempt under the California Environmental Quality Act("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Re-consider the previous decision(Resolution No. 2014-04) denying an Industrial Disability Retirement Application for Steve Wiles based on lack of medical evidence, and based on a re- evaluation of this case, adopt the resolution approving Mr. Wiles' Industrial Disability Retirement Application as the findings and determinations pertaining to Mr. Wiles' Application, pursuant to Government Code section 21156,based on further medical evidence that Mr. Wiles Page 3 of 7 Regular City Council Meeting Agenda August 19, 2014 is substantially incapacitated from the performance of his usual and customary duties as a Police Officer for the City of Vernon. Gas and Electric Department 17. Authorization to execute the Base Contract with ConocoPhillips for Sale and Purchase of Natural Gas (the "NAESB Contract"). Recommendation: (1) Find that the approval requested in the staff report is exempt under the California Environmental Quality Act("CEQA") in accordance with CEQA Guidelines Section 15301(b), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Authorize the Director of Gas &Electric to execute the North American Energy Standards Board ("NAESB") contract by and between the City of Vernon ("City") and ConocoPhillips in substantially the same form as attached to the staff report, for the purpose of buying and selling natural gas to or from ConocoPhillips, in compliance with the general terms established in the agreement. It is further recommended that the City Council find that,pursuant to Vernon Municipal Code § 2.17.12(A)(6), competitive bidding is not required because these are contracts for gas and/or electrical power for the city's power utility, and that it would be commercially unreasonable to procure the gas or electricity through standard bidding or request for proposal procedures. Police Department 18. Activity Log and Statistical Summary of Arrest and Activities for the period of July 16, through July 31, 2014, to be received and filed. 19. Authorize the donation of unused First Aid Responder Kits to the Los Angeles School Police Department (LASPD) Explorers Program. Recommendation: (1) Find that approval of the proposed donation to the Los Angeles School Police Department ("LASPD") Explorers Program is exempt under the California Environmental Quality Act ("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Authorize the donation of unused First Aid Responder Kits to the LASPD Explorers Program that will be used for educational and training purposes. It is further recommended that the City Council find that the donation serves a municipal purpose. Public Works, Water and Development Services Department 20. Building Department Report for the month of July 2014, to be received and filed. Page 4 of 7 Regular City Council Meeting Agenda August 19, 2014 21. Approve Encroachment License Agreement No. 417 for Univar USA, Inc. Recommendation: (1) Find that the approval of the Encroachment License Agreement is exempt under the California Environmental Quality Act ("CEQA"), in accordance with(a) CEQA Guidelines Section 15061 (b)(3), the general rule that CEQA only applies to projects, which have the potential for causing a significant effect on the environment. Also find that this project is categorically exempt under CEQA Guidelines Section 15308, "Actions by Regulatory Agencies for the Protection of the Environment"; Class 8 consists of actions taken by Regulatory Agencies, as authorized by state of local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment; and (2) Approve Encroachment License Agreement No. 417 between the City of Vernon and Univar USA, Inc. in substantially the same form as submitted with the Staff Report. NEW BUSINESS Police Department 22. Authorization to approve the Drug Enforcement Administration Agreement. Recommendation: (1) Find that the proposed agreement with the Drug Enforcement Administration for continued participation in the Southwest Border Initiative ("SWBI")taskforce as detailed in the staff report is exempt under the California Environmental Quality Act("CEQA"). In accordance with Section 15061(b) (3), the general rule is that CEQA only applies to projects that may have an effect on the environment; and (2) Authorize the Police Chief to execute an agreement with the Drug Enforcement Administration ("DEA"), in substantially the same form as submitted with the Staff Report, for continued participation in the Southwest Border Initiative taskforce. 23. Authorize the Police Chief and City Administrator to execute the Federal Asset Forfeiture Equitable Share Agreement and Annual Certification Report on behalf of the City of Vernon. Recommendation: (1) Find that granting authority to execute and submit the agreement and related documents at issue in the staff report constitute administrative activities that do not constitute a"project"under the California Environmental Quality Act("CEQA"), and would also be exempt in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Authorize the Police Chief and City Administrator to execute the Federal Equitable Share Agreement and Annual Certification Report on behalf of the City of Vernon, in substantially the same form as submitted in the Staff Report. Page 5 of 7 Regular City Council Meeting Agenda August 19, 2014 Public Works, Water, and Development Services Department 24. Authorization to permit Meta Housing to record the Maintenance Covenant& Agreement for City owned property located at 4675 52nd Drive. Recommendation: (1) Find that authorizing the recordation of a Maintenance Covenant &Agreement by META Housing is exempt from the California Environmental Quality Act("CEQA") in accordance with (a) CEQA Guidelines section 15061 (b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and(b) Section 15307,because it is an action taken by the City(a regulatory agency) to assure the "maintenance, restoration, or enhancement" of natural resources and includes procedures to protect the environment; and (2) Authorize staff to ensure that META Housing records a fully executed"Maintenance Covenant &Agreement Regarding On-Site BMP Maintenance" for the City owned property located at 4675 52nd Drive (Vernon Village Park). 25. Ratify the Advertisement for Contract No. CS-0487: Labor and Equipment for Placement of Type II (REAS) Slurry Seal. Recommendation: (1) Find that the approval of the proposed Citywide Slurry Seal, Phase III Project is exempt under the California Environmental Quality Act ("CEQA") in accordance with Section 15301, Existing Facilities,part(c), existing highways and streets; and (2) Ratify the advertising for bids for the Labor and Equipment for Placement of Type II, Rubberized Emulsion Aggregate Slurry(REAS) Seal, Contract No. CS-0487. ORDINANCES 26. Ordinance No. 1225 -An Ordinance of the City Council of the City of Vernon amending Section 2.174(a)(3) of the Vernon Municipal Code to modify the qualifications of one of the appointment categories for the Vernon Business and Industry Commission. (First Reading) Recommendation: (1) Find that approval, and subsequent adoption, of the proposed ordinance is exempt under the California Environmental Quality Act("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Hold the first reading of the ordinance to modify the qualifications of the "Labor" appointment category for the Vernon Business and Industry Commission. ORAL REPORTS 27. City Administrator Reports—brief reports on activities and other brief announcements by the City Administrator and Department Heads. 28. City Council Reports—brief report on activities, announcements, or directives to staff. Page 6 of 7 Regular City Council Meeting Agenda August 19, 2014 CLOSED SESSION 29. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 54957.6 Agency Designated Representatives: Mark Whitworth and Teresa McAllister Employee Organization: Vernon Police Officers' Benefit Association ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Vernon City Hall, located at 4305 Santa Fe Avenue, Vernon, California, and on the City's website,not less than 72 hours prior to the meeting set forth on this agenda. Dated this 141h day of August 2014. By: Ana Barcia Deputy City Clerk Page 7 of 7 oC1*SjVF AUG ® pn k RECEIVED CCV C`E�K�OEEICE AUG 0 6 2014 STAFF REPORT CITYADMiNIST ATION HUMAN RESOURCES DEPARTMENT DATE: August 19,2014 TO: Honorable Mayor and City Council FROM: Teresa McAllister,Director of Human Resources' RE: Service Pin Awards for July 2014 Recommendation City Council to present Service Pins to those employees hired in July. Background Submitted herewith lists the employees who are eligible to receive their service pins based on the number of service years with the City of Vernon. Fiscal Impact None. cn 0 0 0 0 0 ►� °` o 0 0 0 0 � O N N N N N n i::� n n n W bA 1.4 d O V + `, 4 4 - 'v, •� v v v v O Cn O N Z W � v w A x 0 � w •� V P. P. w v1 Z v w o �n x P. �U U v cn Oj v r eCroLIty ` update �`�ancia o f veq,�,o u • �+ �1�IV E IL-f4��OJ�� co� Meet�rg Oltl P,\A%tl5t 19 � 2p14 Overview • Fiscal 2014 Financial Results • Investment Highlights • Investment Derivatives - Swaps • Accomplishments and Future Challenges Fiscal 2014 Financial Results Fiscal Year Ending June 2014 et Summary • (Revenues In $ Millions) CITYWIDE GOVERNMENTAL FUNDS ENTERPRISE FUNDS GENERAL FORMER PARCEL HAZARDOUS LIGHT AND WATER FIBER FUND RDA TAX FUND WASTE FUND POWER GAS FUND FUND OPTICS FUND FUND ($52.7) FUND Fiscal Year Ending June 2014 Financial Comparison ( In $ Millions) $300.0 $250.0 $200.0 � $150.0 0 $100.0 c $50.0 $- $(50.0) ENTERPRISE ENTERPRISE GOVERNMENTAL GOVERNMENTAL REVENUES EXPENDITURES REVENUES EXPENDITURES ■12 MONTH BUDGET $264.5 $263.8 $72.3 $73.0 ■12 MONTH ACTUAL $252.8 $251.0 $66.7 $64.4 VARIANCE $(11.7) $(12.8) $(5.6) $(8.6) 5 Fiscal Year Ending June 30, 2014 Expenditures (in $ millions) 12 Months 12 Months 12 Month Variance Department Budget Actual (UNDER)/OVER GOVERNMENTAL General Government 38.1 33.0 (5.1) Health 1.6 1.4 (0.2) Public Safety 22.9 24.3 1.4 Public Works 10.4 5.7 (4.7) TOTAL GOVERNMENTAL 73.0 64.4 (8.6) ENTERPRISE Light and Power 201.8 188.2 (13.6) Gas 52.7 56.9 4.2 Water 8.4 5.5 (2.9) Fiber 0.9 0.4 (0.5) TOTAL ENTERPRISE 263.8 251.0 (12.8) CITY WIDE TOTAL EXPENSES 336.8 315.4 (21.4) Comparison of 2014 & 2015 Budgets ( In $ Millions) $300.0 $250.0 $200.0 I _ $150.0 0 $100.0 c $50.0 $- $(50.0) ENTERPRISE ENTERPRISE GOVERNMENTAL GOVERNMENTAL REVENUES EXPENDITURES REVENUES EXPENDITURES ■2014 BUDGET $264.5 $263.8 $72.3 $73.0 IN 2015 BUDGET $271.5 $271.5 $71.8 $71.8 VARIANCE $7.0 $7.7 $(0.5) $(1.2) 7 Investment Highlights Investment Policy • City Investment Policy conforms to the State"s requirements (Government Code 53600) • City Investment Policy addresses: ➢ Safeguarding principal ➢ Meeting liquidity needs ➢ Achieving return on investments ➢ Minimizing loss on investments All-owable Types oInvestments -1 Nov Maxi jm Maximum ftil AM= Maturity Portfolio* One Issuer Rating Authoriz Maximum Percentage of Investment in r1w,n i m u m Securities of the U.S. Government, or its Agencies 5 years None None None Certain Asset-Backed Securities 5 years None None AA Certificates of Deposit 5 years 30% None None Bankers' Acceptances 180 days 40% 30% None Commercial Paper 270 days 25% 10% P-1 Repurchase Agreements 1 year None None None Reverse Repurchase Agreements 92 days 20% None None Medium-Term Notes 5 years 30% None A Mutual Funds Investing in Eligible Securities N/A 20% 10% AAA Money Market Mutual Funds N/A 20% 10% AAA Mortgage Pass-Through Securities 5 years 20% None AA State Administered Pool Investment N/A None $50 million None * Excluding amounts held by bond trustee that are not subject to California Government Code restrictions. Four Types of Investment Risks • Credit Risk ➢ Risk that an issuer of an investment will not fulfill its obligation to the holder of the investment. • Custodial Credit Risk ➢ Risk that in the event of failure of a depository financial institution, the City will not be able to recover its deposits or collateral securities. • Concentration of Credit Risk ➢ Risk of loss attributed to the magnitude of the City's investment in a single issuer. • Interest Rate Risk ➢ Risk that changes in market interest rates will adversely affect the fair value of an investment. Investment Risk No. 1 - Credit Risk As of June 30, 2014 (in $ Millions) r i Minimum I Actual Fair Value % Required Credit Rating as of of Description Rating Moody's In custody of Treasurer: Cash on Hand and on Deposit N/A N/A $ 13.4 10.0% Local Agency Investment Fund None Not Rated 0.5 0.4% Total in custody of Treasurer 13.9 10.4% In custody of Trustee: Deposits and Money Market Funds N/A N/A 73.5 55.0% U.S. Treasury Notes None Aaa/AA+ 30.6 22.9% Federal National Mortgage Association None Aaa/AA+ 7.3 5.5% Federal Home Loan Mortgage Corporation None Aaa/AA+ 6.1 4.6% Federal Home Loan Banks None Aaa/AA+ 2.3 1.7% Total in custody of Trustee 119.8 89.6% Total cash and investments held by Treasurer and Trustee $ 133.7 100.0% Investment Risk No. 2 - Custodial Credit Risk As of June 30, 2014 • Federal Deposit Insurance Corporation (FDIC) insures up to $250,000 per financial institution. • In California, a financial institution is required to secure deposits in excess of the FDIC limit. This can be done in two different ways: 1. The market value of the pledged securities in the collateral pool must equal at least 110% of the total amount deposited by the public agencies. 2. The financial institution can pledge first deed mortgage notes having a value of 150% of the secured public deposits. Investment Risk No. 3 - Concentration of Credit Risk As of June 30, 2014 (In $ Millions) CustodyMqu", 91 Fair Value as % of Issuer AM In Primary Government: Federal Home Loan Mortgage Corporation Trustee $6.1 4.6% Federal National Mortgage Association Trustee $7.3 5.5% Total Investments $13.4 10.1% Policy allows 20% maximum in this category with a 10% maximum in any one issuer. Investment Risk No. 4 - Interest Rate Risk As of June 30, 2014 (In $ Millions) 14W �� Investment Maturities (in Months) Fair Value as of . 1 ' , of Investment • - 1/14 12 Months Months • • Cash - - 0.5% Money Market Funds 72.8 72.8 - - 54.7% Local Agency Investment Fund 0.5 0.5% U.S. Treasury Notes 30.6 3.1 11.4 16.1 27.2% Federal National Mortgage Association 7.3 4.9 7.1% Federal Home Loan Mortgage Corporation 6.1 3.7 2.4 - 8.3% Federal Home Loan Banks 2.3 - 2.3 - 2.2% Total Investments $ 133.7 $ 96.6 $ 21.0 $ 16.1 100.0% Investment Portfolio Fiscal Years 2010 — 2014 (in $ Millions) $160.0 143.4 $140.0 140.2 131.9 133.7 $120.0 114.0 $100.0 $80.0 $61.1 $120.8 $118.8 $115.6 $60.0 $40.0 $73.3 $52.9 $20.0 $22.6 $21.4 $18.1 2010 2011 2012 2014 0 Unrestricted 0 Restricted Investment Income Fiscal Years 2010 — 2014 (in $ Millions) $1.8 $1.7 $1.6 $1.4 $1.4 $1.2 $1.0 $1.0 $0.8 $0.8 $0.8 $0.6 $0.4 $0.2 2010 2011 2012 2013 2014 17 Cash and Investments Fiscal Year Ending June 30, 2014 (in $ Millions) Cash and Investments Enterprise Governmental . . Restricted Cash (debt service, capital improvement, grants, and rate stabilization) IF10.8 4.8 $ 115.6 Unrestricted Cash (available for City's daily operation) 16.8 1.3 18.1 Totals $ 127.6 $ 6.1 $ 133.7 Investment Derivatives - Swaps Investment Derivatives - Swaps (in $ Millions) Derivative Gain (Loss) Derivative Investment Derivative (Variable to Fixed Swaps) Amount 6/30/2013 6/30/2014 6/30/2014 2004 Series A Bonds (City pays 3.607% and receives 62.87 of LIBOR one-month index plus 0.119%) $ 90.2 $ (13.2) $ (3.4) $ (16.6) 2004 Series B Bonds (City pays 3.542% and receives 62.87 of LIBOR one-month index plus 0.119%) 83.6 13.9 0.2 13.7 Totals $ 173.8 $ 27.1 $ 3.2 $ 30.3 Accomplishments and Future Challenges Accomplishments • Preliminary five year long-term financial plan is currently being studied by the City's Financial Advisor, PFM . • Each department closely monitored its revenues and expenditures for a positive outcome. • A fee study was completed and appropriate rates were adopted . • Recommendations from City-wide job classification and compensation study have been adopted . • City has reached agreement with four of the six employee bargaining units. Future Challenges • In Fiscal 2015, the Government Accounting Standards Board (GASB) will require governments to recognize and record unfunded pension liabilities. A funding plan to address the unfunded liability needs to be developed. — $30 million public safety's unfunded pension liability (currently 84% funded) — $15 million miscellaneous employees' unfunded pension liability (currently 87% funded) • General Fund's structural deficit of approximately $25 million needs to continue to be addressed through the budget process. • In Fiscal 2015, VG&E's bond financed funds for capital projects are projected to be fully used. The City needs to plan how to fund VG&E's ongoing infrastructure costs starting with Fiscal 2016. — $5 to $10 million estimated annual funding will be required to maintain a reliable electrical infrastructure. MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, AGUST 5, 2014, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: McCormick, Davis, Maisano, Martinez, and Ybarra MEMBERS ABSENT: None The meeting was called to order at 9:00 a.m. by Mayor McCormick; Edward Brambila of Maywood Academy High School led the flag salute. CHANGES TO THE AGENDA Mayor McCormick announced that there are no changes to the agenda. PUBLIC COMMENT Mayor McCormick announced that this was the time allotted for public comment, and inquired whether anyone in the audience wished to address the City Council; the public will be given an opportunity to comment on matters on the posted agenda during Council deliberation. No one responded. PRESENTATIONS 1. A Proclamation of the Mayor and the City Council of the City of Vernon Commending and Honoring Kevin Orvil Monge for his service and support of his community. 2. A Proclamation of the Mayor and the City Council of the City of Vernon Commending and Honoring Kristian Emiliano Vasquez for his service and support of his community. Mayor McCormick presented Kevin Orvil Monge with a Proclamation for his service and support to the community. Mayor McCormick announced that Kristian Emiliano Vasquez was not present to accept his Proclamation. PUBLIC HEARINGS 3. Consider Vernon's conformance to the criteria in the Congestion Management Program as established by the Los Angeles County Metropolitan Transportation Authority. Resolution No. 2014-49 -A Resolution of the City Council of the City of Vernon finding the City of Vernon to be in conformance with the Congestion Management Program (CMP) and adopting the CMP Local Development Report, in accordance with California Government Code Section 65089. Recommendation: (1) Find that approval of the 2014 CMP Local Development Report is statutorily exempt under the California Environmental Quality Act("CEQA") in accordance with CEQA Guidelines Section 15276, which expressly exempts the preparation and adoption of a congestion management program and categorically exempt pursuant to CEQA Guidelines section 15061(b)(3)because there is no possibility that approving the report may have a significant effect on the environment; and (2) Adopt a resolution self-certifying the City's compliance with the Congestion Management Program requirements and adopt the 2014 CMP Local Development Report in accordance with California Government Code Section 65089. Regular City Council Meeting Minutes August 5, 2014 At 9:04 a.m. Mayor McCormick opened the public hearing to consider Vernon's conformance to the criteria in the Congestion Management Program as established by the Los Angeles County Metropolitan Transportation Authority. Director of Public Works, Water, and Development Services Kevin Wilson provided an oral report and recommended the adoption and approval of the resolution certifying the City's compliance with the Congestion Management Program. Mayor McCormick opened the public comment portion of the public hearing. With no public comment or questions to the staff, at 9:08 a.m. the public hearing was closed. Wilson additionally noted risks should the certification not be adopted. It was moved by Davis and seconded by Maisano to approve Resolution No. 2014-49. Motion carried, 5-0 CONSENT CALENDAR It was moved by Maisano and seconded by Martinez to approve all matters listed under the Consent Calendar under one motion. Motion carried, 5-0. Claims Against the City—Received and Filed 4. Claim for Damages received on July 17, 2014, from Pacific Bell/AT&T, in an amount to be determined. Minutes — To be Received and Filed 5. Minutes of the Special and Regular City Council Meeting held June 17, 2014. 6. Minutes of the Special Joint City Council and Successor Agency Meeting held July 1, 2014. 7. Minutes of the Regular City Council Meeting held July 1, 2014. 8. Minutes of the Regular City Council Meeting held July 15, 2014. Warrant Registers 9. Ratification of the following City Warrant Registers to record the following voided checks: a. City Warrant Register No. 1403 to record voided Check No. 344615 in the amount of$150.00; and b. City Warrant Register No. 1399 to record voided Check No. 344002 in the amount of$75.00; and c. City Warrant Register No. 1398 to record voided Check No. 343858 in the amount of$440.00. 10. Ratification of Light& Power Warrant Register No. 365 to record voided Check No. 510738 in the amount of$45.58. 11. Approval of City Warrant Register No. 1405, totaling$2,316,638.77, which covers the period of July 8, through July 28, 2014, and consists of the following: a. Ratification of wire transfers totaling $1,421,176.32; and b. Ratification of the issuance of early checks totaling $627,965.22; and c. Authorization to issue pending checks totaling $267,497.23. Page 2 of 7 Regular City Council Meeting Minutes August 5, 2014 12. Approval of Light & Power Warrant Register No. 370, totaling $5,648,025.15, which covers the period of July 8, through July 28, 2014, and consists of the following: a. Ratification of wire transfers totaling $5,514,440.38; and b. Ratification of the issuance of early checks totaling $36,241.49; and c. Authorization to issue pending checks totaling $97,343.28. 13. Approval of Gas Warrant Register No. 158, totaling $2,805,103.98,which covers the period of July 8, through July 28, 2014, and consists of the following: a. Ratification of wire transfers totaling $2,745,124.83; and b. Ratification of the issuance of early checks totaling $29,412.07; and c. Authorization to issue pending checks totaling $30,567.08. Fire Department 14. Activity Report for the period of July 1,through July 15, 2014, to be received and filed. 15. Resolution No. 2014-50 -A Resolution of the City Council of the City of Vernon approving and adopting an updated General Fee Schedule. Recommendation: (1) Approve a resolution to, among other things, amend Exhibit A of the City's General Fee Schedule to remove the existing false security alarm fee for the second false alarm response within a fiscal year. The lack of a fee for the first false alarm would continue, and the fees for third and each subsequent false alarm response would remain unaffected. The resolution would also find that the revision to the false security alarm fee is exempt under the California Environmental Quality Act("CEQA") in accordance with CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. Gas and Electric Department 16. April 2014 Vernon Gas and Electric Resource Procurement Report, to be received and filed. Health and Environmental Control Department 17. Approval of a Services Agreement with KJServices Environmental Consulting for Program Management and Implementation Services. Recommendation: (1) Find that approval of the proposed Services Agreement with KJServices Environmental Consulting is exempt under the California Environmental Quality Act("CEQA") in accordance with CEQA Guidelines section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Authorize the City Administrator to enter into a Services Agreement between the City of Vernon and KJServices Environmental Consulting in substantially the same form as submitted with the staff report, for the period of August 1, 2014 through October 31, 2016, in an amount not to exceed$100,780.00. It is further recommended that the City Council find that"the bests interests of the City are served by a direct award of the contract without a competitive selection process" and that it would be "commercially unreasonable"to re-bid those portions of this contract that have continued to have been awarded to KJServices Environmental Consulting since 1998. Page 3 of 7 Regular City Council Meeting Minutes August 5, 2014 Police Department 18. Activity Log and Statistical Summary of Arrest and Activities for the period of July 1, through July 15, 2014, to be received and filed. NEW BUSINESS Public Works,Water and Development Services Department 19. Resolution No. 2014-51 -A Resolution of the City Council of the City of Vernon declaring a Phase I Water Supply Shortage pursuant to Section 25.103 of the Vernon Municipal Code. Recommendation: (1) Find that declaring a Phase I Water Supply Shortage pursuant to Vernon Municipal Code § 25.103 is exempt under the California Environmental Quality Act("CEQA") in accordance with (a) CEQA Guidelines Section 15061 (b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and(b) Section 15307, because it is an action taken by a regulatory agency to assure the "maintenance, restoration, or enhancement" of natural resources and includes procedures to protect the environment; and (2) Adopt the resolution declaring a Phase I Water Supply Shortage pursuant to Vernon Municipal Code Section 25.103. Director of Public Works, Water and Development Services, Kevin Wilson conducted the presentation and requested the adoption of the proposed resolution. Wilson advised that it is anticipated that the implementation would not have a significant impact on the business community. In response to Councilmember Ybarra, Wilson addressed concerns regarding customer notification. In response to Mayor Pro-Tem Davis' inquiry on penalties, Wilson explained that the objective is compliance; public education on the issue will first be conducted before it escalates to penalties. It was moved by Martinez and seconded by Davis to approve Resolution No. 2014-5 1, Motion carried, 5-0 20. Approval to Advertise for Contract No. CS-0428: Office Reconfiguration of City Administration, City Attorney and Human Resources Departments. Recommendation: (1) Find that the proposed Capital Improvement is categorically exempt under the California Environmental Quality Act ("CEQA") in accordance with CEQA Guidelines Section 15301, Existing Facilities,part(a), because the project is merely to make interior or exterior alterations involving interior partitions, plumbing, and electrical conveyances; and (2) Approve Contract No. CS-0428 and grant authority to advertise for bids for the Office Reconfiguration of City Administration, City Attorney and Human Resources Departments, based upon the City's standard public works bidding package. Director of Public Works, Water and Development Services Kevin Wilson conducted the oral report on the proposed office configuration bid request. Councilmember Ybarra expressed concerns with the project cost and inquired whether staff considered other options. In response, Wilson reported on the alternatives. City Administrator Mark Whitworth explained the need for the office reconfiguration. Page 4 of 7 Regular City Council Meeting Minutes August 5, 2014 Independent Reform Monitor John Van de Kamp recommended that the project be implemented in two phases over two fiscal years in order to address budget concerns. Wilson confirmed for Councilmember Maisano that sufficient funds have been budgeted with the current fiscal year. It was moved by Maisano and seconded by Martinez to approve the advertisement for Contract No. CS-0428 for the office reconfiguration. Motion carried, 4-1,with Ybarra in opposition. ORDINANCES 21. Ordinance No. 1224 -An Ordinance of the City Council of the City of Vernon, California, amending Sections 16.15, 16.16 and 16.17 of Article I, Chapter 16 of the Vernon Municipal Code to assign speed limits on certain streets and to repeal all ordinances or parts of ordinances in conflict therewith (second reading). Recommendation: (1) Find that adoption of the Ordinance is exempt from the California Environmental Quality Act("CEQA") in accordance with Class 1, Section 15301(c) of the CEQA Guidelines, California Code of Regulations, Title 14. Projects exempted under Class 1, Section 15301(c), consist of the operation, repair, or minor alteration of existing highways, streets, sidewalks, gutters,bicycle and pedestrian trails, and similar facilities involving negligible or no expansion of use; and (2) Adopt the proposed Ordinance amending Sections 16.15, 16.16 and 16.17 of Chapter 16, Law Enforcement, of the Vernon Municipal Code. Mayor McCormick announced the proposed ordinance by title. Director of Public Works, Water and Development Services Kevin Wilson reported that there have been no changes to the ordinance since its introduction at the last meeting. It was moved by Davis and seconded by Maisano to adopt Ordinance No. 1224. A roll-call vote was taken: - Councilmember Martinez, yes - Councilmember Ybarra, yes - Councilmember Maisano, yes - Mayor Pro Tern Davis, yes - Mayor McCormick, yes Motion to adopt Ordinance No. 1224 carried, 5-0. DISCUSSION ITEMS 22. Presentation by the Director of Public Works, Water and Development Services on the I-710 Corridor Project. Director of Public Works, Water and Development Services Kevin Wilson provided a presentation and update on the I-710 Corridor project. He reported on the approval of two options for further study, and the approval of the Community Alternative 7 option which includes enhancements to the river,parks, and other community facilities; this is to be reviewed by a separate committee. Mayor Pro-Tem is concerned that the Community Alternative 7 will prolong the I-710 Corridor project, and expressed concerns on how the project will be funded. Mayor McCormick agrees with Davis' concerns. He directed staff to take the position that Vernon requests that the Community Alternative 7 be considered separately from the I-710 Corridor project. Page 5 of 7 Regular City Council Meeting Minutes August 5, 2014 ORAL REPORTS 23. City Administrator Reports—brief reports on activities and other brief announcements by the City Administrator and Department Heads. 24. City Council Reports—brief report on activities, announcements, or directives to staff. Police Chief Daniel Calleros reported on officer's response to recent incidents. Calleros reported on the implementation of the AAA vehicle loan program, and reported on two (2)Police interns. Captain Michael Gillman reported the arrest of 3 individuals related to vandalism. Mayor Pro- Tem Davis reported on vandalism near his residence. Fire Chief Michael Wilson reported on recent Fire Department activities, training, and responses to incidents. Wilson announced the recognition of former Fire Chief Smokey Bass by the Box 15 group. Director of Public Works, Water and Development Services Kevin Wilson provided an update on capital improvement project and the new housing development project. Wilson also reported on a recent water main rupture and repair. In response to Independent Reform Monitor John Van de Kamp, Wilson reported on the water pipes condition and age. Electrical Resources Planning& Development Manager Abraham Alemu reported on recent power outages including a serious incident at U.S. Growers. Finance Director William Fox reported on the bond review process as required, and the commencement of the annual financial audit. Director of Health and Environmental Control Leonard Grossberg reported on whole sale food vehicle inspections, and active shooter training for the Department. Human Resources Director Teresa McAllister announced upcoming employee events and activities, reported on the recruitment process for Fire personnel, and forthcoming updates to personnel policies. Economic Development Manager/Successor Agency Staff Alex Kung announced the cancellation of the Oversight Board to the Successor Agency meeting until September 4, 2014, and appointment of new member Marlene Dunn to the Board. Kung also announced a free webinar on manufacturing tax rebates and the extension of the California Competes tax credit. The Vernon Chamber of Commerce was notified of both. Senior Strategic Policy Advisor and Director of Communications Advisor Fred MacFarlane provided an update on the grand opening of the artificial turf soccer field at Salt Lake Park on September 6th, 2014. In response to Van de Kamp's inquiry, Fox explained the City's intent to refinance and appropriately plan for capital improvement costs through the help of Public Financing Management Inc., the City's financial advisor. City Administrator Mark Whitworth reported on upcoming Vernon CommUNITY Fund Grant Committee activities. He announced the availability of the 7th edition of the Independent Reform Monitor John Van de Kamp report. He provided an update on the JLAC audit. Members to the Business and Industry Commission are to be appointed at the next meeting. Whitworth announced other community events. Page 6 of 7 Regular City Council Meeting Minutes August 5, 2014 CLOSED SESSION With no public comment on the closed session items, at 10:43 a.m., it was moved by Maisano and seconded by Davis to go into closed session to discuss the item listed under closed session. Motion carried, 5-0. 25. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 54957.6 Agency Designated Representatives: Mark Whitworth, Teresa McAllister, and Paul Coble Employee Organizations: Vernon Police Officers' Benefit Association and Vernon Firemen's Association. At 11:06 a.m., the Council exited closed session. City Attorney Hema Patel announced that there is no reportable action. With no further business, at 11:07 a.m., Mayor McCormick adjourned the meeting. W. Michael McCormick Mayor ATTEST: Ana Barcia Deputy City Clerk Page 7 of 7 z W pO= ¢ � N O e� CIO W z V = p 0 N �+ U U 'a N CD "O O OLO co •� 6�3 O O Z O � O a) O LU y O O 0 a W w�= x se o � F^ Cl) L c um U w L co � W W O Via o o a) o N N V � O O _ 4-1 EL V 0 O O N Z O 00 O N CWU N N >>� ® cn N E V N -'-- E Z3 - C_ ++ CD_ - O U SO (6 LD V Q 2 Q : :3 U a E0 ALA W E > � LL � U U CITY OF VERNON ACCOUNTS PAYABLE CHECK NO. 344667 i VOIOE NU`BE" DATE P&;, U ER x-' DESCRIPTIC}N DISCOUNT` A OUNT 179496 05/08/2014 ERC Membership 0.00 3,059.00 1 � S� I d KY1Qn \AQ-3 (N e B I1 )14 3,059.00 PLEASE DETACH BEFORE DEPOSITING PAYABLE THROUGH .e ��• �' City of Vernon EAST WEST BANK 4305 Santa Fe Ave 209D HUNTINGTON DR.,2ND FLOOR BAN MARINO,CA B11D0 91822� Vernon,CA 90058 8 323 ( )583-8811 gjtea�6 . DATE 'NoaI��R CHCKAt�1�UNT `'�►TLys 9�1 003604 07l03/2014 344667 3,059,00 itM1 PAY Three Thousand Fifty Nine Dollars and No Cents TO THE LIEBERT CASSIDY WHITMORE ORDER 6033 WEST CENTURY BOULEVARD SUITE 500 OF LOS ANGELES, CA 90045 z W CM> N ♦W♦ N ° V = 0 W a ¢ a o cn U LO Q U O O N C b =3 Rf .5 0 C > O 0) tm N Z ° co W � »-� o >, o L Oa W U °j un Q W 3 ° U o o �r M Z o o a � o 0 Q (� cv Z Z _' cu L � � p m !1. `- `- ° (B LLl N K LL d Q ++ LL S�4 L a) N N E E V V +, w N N i O am cra O O "' a O 6dl ~ 11, V lid C'� p � U -jo p U- - CITY OF VERNON LIGHT&POWER ACCOUNTS PAYABLE CHECK NO 510658 VOICOM R DATS' P.O:NUM96 "_' :@eCRIPTIbF�' 018000T, AMOUNT 77 031214 03/12/2014 REFUND ON CLOSED ACCT#5761 0.00 554.63 41 ih + 554.63 PLEASE DETACH BEFORE DEPOSITING PAYABLE THROUGH City of Vernon-Light&Power EAST WEST BANK 4305 Santa Fe Ave 2080 HUNTINGTON DR.,2ND FLOOR . -70 B SAN MARINO,CA 01108 Vernon,CA 90058 a y (323)583-8811 r DAr N„MBR GWECfC'AMOUNT r' NuIJ �G'�'scr�►m°'� 003324 04/01/2014 510658 1 554.63 PAY Five Hundred Fifty Four Dollars and Sixty Three Cents TO THE EXCEL PAVING ORDER 2425 E 38TH ST. 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W LI? z O O O 0 W � O m L9 Lf? Lr? Qz o 0 0 U Z Y a_U OU w w a z_ a N U N ~ Q 0 0 Q N LU Ix Q f J z 0 r' W o w w a > m o a 0 m a Q Cl) Cl) T T O N N T !' H � CM M cV N H} ER "Q JQ O O F- In In Z O 00 00 w F- a Y - U W LO U � p JQ ZZZ V P- ,: O W o w 0 oM M Z WN Y rn of W F- T {� LL a. 0 H U O U) O a L Lq o OD 00 F- W CMM M CV N 609- fA N 0 W F- Z_ w 0. W 4. Q p o Z U` N M a Y " Q U 1' D 0 W N m Q F- U N a.Q Z Z J U Z (p FF6 w LL o C9 F- a STAFF REPORT CITY ADMINISTRATION DATE: August 19,2014 TO: Honorable Mayor and City Council FROM: Mark C. Whitworth, City Administrat r RE: A Proclamation Declaring the Month o September 2014 as "Childhood Cancer Awareness Month" Recommendation It is recommended that the City Council approve and present a proclamation declaring the month of September 2014 as "Childhood Cancer Awareness Month" in support of the American Cancer Fund for Children, Inc. and Kids Cancer Connection, Inc.'s fight against childhood cancer. Background The American Cancer Fund for Children, Inc. and Kids Cancer Connection, Inc. were founded over twenty years ago by Steven Firestein, a member of the philanthropic Max Factor family. The American Cancer Fund for Children, Inc. and Kids Cancer Connection, Inc. are dedicated to helping children suffering from cancer and their families. The organizations report that cancer is the leading cause of death by disease among children in the United States between infancy and age 15, and is detected in more than 15,000 of our nation's youth each and every year. A major part of helping children with cancer is making the situation known. The American Cancer Fund for Children, Inc. and Kids Cancer Connection, Inc. provide a variety of vital patient psychosocial services to children undergoing cancer treatment at Children's Hospital Los Angeles, Mattel Children's Hospital at UCLA, L.A. County - USC Medical Center, as well as participating hospitals throughout the country,thereby enhancing the quality of life for these children and their families. The services offered focus on family, education and peer support. The American Cancer Fund for Children and Kids Cancer Connection also sponsor Courageous Kid Recognition Award ceremonies and hospital celebrations in honor of a child's determination and bravery to fight the battle against childhood cancer. Fiscal Impact There is no cost associated with this item. P ------------------ P __f P 0 A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF VERNON DECLARING THE MONTH OF SEPTEMBER 2014 AS "CHILDHOOD CANCER AWARENESS MONTH" WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection report cancer is the leading cause of death by disease among U.S. children between infancy and age fifteen and is detected in more than 15,000 of our country'syoungpeople each and every year;and WHEREAS, one in five of our nation's children loses his or her battle with cancer;many infants, children and teens will suffer from long-term ffects of comprehensive treatment, including secondary cancers;and WHEREAS,founded over twentyyears ago by Steven Firestein, a member of the philanthropic Max Factor family, the American Cancer Fund for Children,Inc., and Kids Cancer Connection, Inc., are dedicated to he ping these children and their families;and WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection provide a variety of vital patient psychosocial services to children undergoing cancer treatment at Children's Hospital Los Angeles,Mattel Children's Hospital at UCLA,LA. County- USC Medical Center, as well as participating hospitals throughout the country, thereby enhancing the quality of life for these children and their families;and WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection also sponsor Courageous Kid Recognition Award ceremonies and hospital celebrations in honor of a child's determination and bravery to fight the battle against childhood cancer;and WHEREAS, the City of Vernon wishes to invite all residents and businesses within the City of Vernon to participate in Childhood Cancer Awareness Month in honor of children who have lost their lives to cancer and those who are now courageously fighting the battle with cancer. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF VERNON, ON BEHALF OF ITS EMPLOYEES, RESIDENTS AND BUSINESSES HEREBY DECLARES THE MONTH OF SEPTEMBER 2014 AS CHILDHOOD CANCERAWARENESS MONTH. THIS PROCLAMATION IS BEING PRESENTED TO THE AMERICAN CANCER FUND FOR CHILDREN, INC.,AND KIDS CANCER CONNECTION, INC.;BY THE CITY COUNCIL OF THE CITY OF VERNON ON THIS 19TH DAY OFAUGUST TIRO THOUSAND AND FOURTEEN. CITY OF VERNON � By. W MICHAEL MCCORMICK,Mayor f. Of RECEIVED AUG 12 2014 CITY ADMINISTRATION FIRE DEPARTMENT 13 °1 4 Michael A.Wilson,Fire Chief 4305 Santa Fe Avenue,Vernon, California 90058 vG , FF Telephone 323 583-8811 Fax 323 826-1407 P Cpi C August 12, 2014 Honorable Mayor and City Council City of Vernon Honorable Members: Attached is a copy of the Vernon Fire Department Activity Report which covers the period of July 16, 2014 through July 31, 2014. Respectfully Submitted, lichael Fire Chief MAW:ar Fireletnow E Cc&siveCy IndustriaC VERNON FIRE DEPARTMENT COMPANY ACTIVITIES July 16,2014 to July 31,2014 This Period Last Year This This Year Last Year To Date Period To Date ACTIVITY TYPE FIRE PREVENTION: Regular Inspections (#): 61 857 43 793 Re-Inspections (#): 25 91 24 131 Spec. Haz. Inspections (#): 2 17 2 30 Total Inspections: 88 965 69 954 Total Man Hours: 108 1172 72 1158 TRAINING (HOURS): Firefighting 100 952 91 1182 Hazardous Materials 32 382 28 411 Safety 138 1758 124 1595 Apparatus Operations 139 1793 127 1613 Equipment Operations 141 1789 121 1599 CPR 2 20 4 56 First Aid 37 295 48 405 Total Hours: 589 6989 543 6861 PRE-INCIDENT(HOURS, Planning 95 780 96 1038 District Familiarization 103 826 98 1117 Total Hours: 198 1606 194 2155 PERIODIC TEST(HOURS- Hose Testing 0 0 0 8 Pump Testing 0 0 0 3 Total Hours: 0 0 0 11 Page 1 S I This Period Last Year This This Year Last Year To Date Period To Date PUBLIC SERVICE PROGRAMS (HOURS) School Programs 0 19 0 12 Fire Brigades 0 6 4 6 Emergency Preparedness 14 81 6 147 Total Hours: 14 106 10 165 ROUTINE MAINTENANCE(HOURS Station 135 1711 127 1579 Apparatus 137 1735 140 1649 Equipment 136 1736 135 1647 Total Hours: 408 5182 402 4875 Grand Total Hours: 1317 15055 1221 15225 Fireactivity Page 2 0 ,o 0 w 'U Q Ln elm w4. o CD '~ a c N 0 x r- V M S +r V- r Ln s �.+ On Z m ix +� O. • • si -, p a c c eo b c � z 1% otoo, 9 ►° aa Q u m wwuC V F Z € N A S o 0 W Q 3 [ �i Z EQQ a`� a`J W � � � l0 _Z — �U Q U. O. N V1 > > lJ W !t U N g W W W W W W W W W W W U- LL W W W W 1+- V- Incident Type Incident Date PREVENTION FOLLOW-UP? Shift 321 EMS call,excluding vehicle accident with inju 07/16/2014 05:54:55 No 324 Motor vehicle accident with no injuries 07/16/2014 11:21:29 No 600 Good intent call, other 07/16/2014 13:05:38 No 321 EMS call, excluding vehicle accident with inju 07/16/2014 13:30:52 No 321 EMS call,excluding vehicle accident with inju 07/17/2014 11:52:34 No 162 Outside equipment fire 07/17/2014 17:51:13 No 321 EMS call, excluding vehicle accident with inju 07/18/2014 07:38:06 No 300 Rescue, EMS incident, other 07/18/2014 10:04:47 No 321 EMS call, excluding vehicle accident with inju 07/18/2014 11:01:27 No 745 Alarm system activation,no fire,unintentional 07/18/2014 12:59:19 No 321 EMS call, excluding vehicle accident with inju 07/18/2014 13:32:42 No 531 Smoke or odor removal 07/18/2014 17:54:05 No 324 Motor vehicle accident with no injuries 07/18/2014 18:03:23 No 731 Sprinkler activation due to malfunction 07/19/2014 16:40:07 No 611 Dispatched&canceled en route 07/19/20.14 22:05:16 No 321 EMS call, excluding vehicle accident with inju 07/21/2014 14:28:04 No 520 Water problem,other 07/21/2014 17:23:30 No 700 False alarm or false call, other 07/22/2014 16:08:56 No 700 false alarm or false call,other 07/23/2014 17:45:26 No 520 Water problem,other 07/24/2014 08:08:58 No 300 Rescue, EMS incident, other 07/24/2014 11:57:59 No 520 Water problem,other 07/24/2014 17:56:18 No 321 EMS call, excluding vehicle accident with inju 07/25/2014 07:00:06 No 321 EMS call, excluding vehicle accident with inju 07/25/2014 15:58:51 No 622 No incident found on arrival at dispatch addr 07/27/2014 11:52:45 No 622 No incident found on arrival at dispatch addr 07/27/2014 13:02:57 No 321 EMS call, excluding vehicle accident with inju 07/27/2014 19:30:28 No 730 System malfunction, other 07/27/2014 21:00:04 No 730 System malfunction, other 07/28/2014 07:52:07 No 321 EMS call,excluding vehicle accident with inju 07/28/2014 16:05:01 No 323 Motor vehicle/pedestrian accident(MV Ped) 07/28/2014 16:09:48 No 321 EMS call, excluding vehicle accident with inju 07/29/2014 06:26:51 No 671 Hazmat release investigation w/no hazmat 07/29/2014 10:06:16 No 321 EMS call, excluding vehicle accident with inju 07/29/2014 10:22:37 No 740 Unintentional transmission of alarm, other 07/29/2014 17:14:30 No 324 Motor vehicle accident with no injuries 07/30/2014 08:23:35 No 324 Motor vehicle accident with no injuries 07/30/2014 11:20:09 No 311 Medical assist, assist EMS crew 07/31/2014 11:24:27 No 311 Medical assist, assist EMS crew 07/31/2014 12:07:36 No 321 EMS call, excluding vehicle accident with inju 07/31/2014 12:52:30 No 321 EMS call, excluding vehicle accident with inju 07/31/2014 15:19:44 No 311 Medical assist, assist EMS crew 07/31/2014 16:18:15 No 311 Medical assist, assist EMS crew 07/31/2014 17:07:47 No 900 Special type of incident, other 07/31/2014 23:01:39 No 500 Service Call, other 07/31/2014 23:03:51 No 0 N a Ul I low 0 a. 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H N N of W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W pV VERB G@ftr 1N�VB Health and Environmental Control Department RECEIVE® RECEIVE® MemoAUG 0 7 7014 AUG 0 6 2014 CITY CLERK'S OFFICE CITY ADMINISTRATION To: Mark Whitworth,City Administrator From: Leonard Grossberg,Director/Health Officer Date: August 6,2014 Re: Transmittal of Health&Environmental Control Department Monthly Report I am forwarding the attached subject report for July 2014 for submission to the City Council. I am requesting that the report be placed on the normal City Council agenda. Please let me know if you need additional information. Attachment 9cLg:/mydoc/ZM/monthly reports/City Admin Transmittal Monthly Report June 2014 HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT July, 2014 MONTHLY REPORT City of Vernon Leonard Grossberg, Director/Health Officer i HEALTH &ENVIRONMENTAL CONTROL DEPARTMENT MONTHLY REPORT July 2014 HAZARDOUS MATERIALS CONTROL The hazardous materials activities in July primarily involved the processing of invoices and documents to re-issue health permits for businesses that handle hazardous materials here in the City. Hazardous Material Invoices included the new increased fees approved by the City Council to cover the costs of conducting inspections, re-visits; and reviews of permitted facilities. This year, businesses were required to use the California.Environmental Reporting System (CERS) to submit chemical information electronically, as well as allow local agencies to provide chemical information data to State agencies. • . . .. Chief Deputy Director David LeDuff continues to monitor and report on the status of the CERS project, including submitting status reports to CalEPA on how we are progressing in implementing the program. Recent renewal notices included instructions on how to access the web for information, instructions; and guidance. Additional assistance, using a part time employee dedicated to CERS, has been provided for those companies having a difficult time understanding the process A computer has been set-up at the Health Dept. counter to also assist and allow business access to the internet to file their reports. •. • . . - .. In July, our staff assisted the Vernon Fire Department with an overflowing sewer investigation and clean-up at 49tl Street and Corona Ave. The incident was resolved in a timely manner. •. .. • Senior Environmental Health Specialist Linda Johnson continues to monitor closure activities on the Kop Coat facility on District Blvd.; the Kitty Queen site on Downey Road; the Osterbauer site on Santa Fe Ave.; 2939 Bandini Blvd.; and Heitz Trucking on Ross Street. In addition, staff is monitoring other closure activities at Service Oil on Atlantic Blvd.; Thermador on District Blvd.; Whole Foods on Pacific Blvd.; and Conway Coating on Downey Road. Director Leonard Grossberg attended a public hearing July 9th in Maywood, which was held to receive testimony from members of the public regarding the Exide Technologies facility and the two, orders of abatement issued by the South Coast Air Quality Management District (SCAQMD). After hearing more than four hours of testimony, the Board eventually approved 2 the orders of abatement; and is moving forward in allowing Exide to operate under new conditions: UNDERGROUND TANK PROGRAM No underground tanks were removed in July. However, staff conducted monitoring and certification inspections at several facilities, including: Holliday Rock Company, Cardlock Fuels; Heitz Trucking, Consolidated Metal Co., King Meat, and Catalina Pacific. Staff also assisted the Public Works Dept. in testing the City's underground storage tanks at City Hall, and three Fire Stations FOOD PROGRAM Annual wholesale food vehicle inspections were initiated during the month of July. A part of the wholesale food vehicle program includes the inspection of vehicles to assure compliance with sanitation and mechanical refrigeration requirements. Vernon health inspectors scheduled an annual inspection of wholesale food vehicles for a one week period starting on July 28th and ending on July 31 st; 2014. The inspection program was held at Fire Station#l on Fruitland,and over 1,300 permitted vehicles were inspected! Senior Environmental Health Specialist Lyndon Ong Yiu continues to conduct plan check reviews for food facilities; food processor establishments; and restaurants. New construction,re- modeling, and modification of food facilities requires a rigorous review of new building codes as well as Health& Safety code requirements: -. •. • . - Senior Environmental Health Specialist Lyndon Ong Yiu also conducts and monitors backflow device testing on a regular basis to assure that the potable water system is protected from any possible contamination. Annual permits for each device are maintained by the Health Dept. ENVIRONMENTAL PROTECTION In July, sixteen water samples were collected from various locations served by the three water purveyors in the City. All of the samples tested negative for e-coli and total coliforms. Analyses of these samples indicated they all met State standards for potability. Senior Environmental Specialist Jerrick Torres continues to assist in monitoring the ongoing status of Exide Technologies and interaction with the South Coast Air Quality Management District(AQMD) with regards to the monitoring of lead and arsenic emissions: 3 Also of note in July was a significant number of occupancy inspections scheduled. Nineteen initial occupancy inspections were conducted during the month! Also of note for July was a continued increase of complaints in animal control calls. A summer outbreak of off-springs resulted in numerous calls for feral cats; multiple loose dogs;and rodent activity. Chief Deputy Director David LeDuff conducted a mosquito survey in the Los Angeles River bed;and was able to clear standing water which allows mosquitoes to breed. Chief Deputy Director David LeDuff attended the annual National Environmental Health Association(NEHA)Annual Educational Conference in Las Vegas,Nevada in July. The NEHA Conference gathers public health representatives from around the nation, including public,private,military and Native Americans to further educate and train staff on emerging technologies and issues within the scope of Public Health and Safety: Staff met with a Los Angeles County Sheriff's investigator and Vernon Police Dept: Detectives to review information on a potential "Illegal Recycling" complaint. An investigation is on- going,and will be coordinated with Vernon Police to see if any action.is warranted. About Ebola Hemorrhagic fever Ebola hemorrhagic fever (Ebola HF) is one of numerous Viral Hemorrhagic Fevers. It is a severe, often fatal disease.in humans and nonhuman primates (such as monkeys, gorillas, and chimpanzees). Ebola HF is caused by infection with a virus of the family Filoviridae, genus Ebolavirus. When infection occurs, symptoms usually begin abruptly. The first Ebolavirus species was discovered in 1976 in what is now the Democratic Republic of the Congo near the Ebola River. Since then, outbreaks have appeared sporadically. There are five identified subspecies of Ebolavirus:.Four of the five have caused disease in humans: Ebola virus (Zaire ebolavirus); Sudan virus(Sudan ebolavirus); Ta'i Forest virus(Tai Forest ebolavirus, 4 formerly Cote dTvoire ebolavirus); and Bundibugyo virus (eundibugyo ebolavirus). The fifth, Reston virus (Reston ebolavirus), has caused disease in nonhuman primates, but not in humans: The natural reservoir host of ebolaviruses remains unknown. However, on the basis of available evidence and the nature of similar viruses, researchers believe that the virus is zoonotic (animal- borne) with bats being the most likely reservoir. Four of the five subtypes occur in an animal host native to Africa A host of similar species is probably associated with Reston virus, which was isolated from infected cynomolgous monkeys imported.to the United States and Italy from the Philippines. Several workers in the Philippines and in US holding facility outbreaks became infected with the virus, but did not become ill. Signs and Symptoms n Symptoms of Ebola HF typically includes • Fever • Headache • Joint and muscle aches • Weakness • Diarrhea • Vomiting Stomach pain • Lack of appetite Some patients may experience: • A Rash • Red Eyes • Hiccups • Cough • Sore throat • Chest pain • Difficulty breathing 5 • Difficulty swallowing • Bleeding inside and outside of the body Symptoms may appear anywhere from 2 to 21 days after exposure to ebolavirus though 8-10 days is most common. Some who become sick with Ebola HF are able to recover, while others do not. The reasons behind this are not yet fully understood. However, it is known that patients who die usually have not developed a significant immune response to the virus at the time of death: Transmission i-8 } m -pBecause the natural reservoir of ebolaviruses has not yet been proven,the manner in which the virus first appears in a human at the Start of an outbreak is unknown. However, researchers have hypothesized that the first patient becomes infected through contact with an infected animal. When an infection does occur in humans, there are several ways in which the virus can be transmitted to others. These include: • direct contact with the blood or secretions of an infected person • exposure to objects (such as needles) that have been contaminated with infected secretions The viruses that cause Ebola HF are often spread through families and friends because they come in close contact with infectious secretions when caring for ill persons: During outbreaks of Ebola HF, the disease can spread quickly within health care settings (such as,a clinic or hospital). Exposure to ebolaviruses can occur in health care settings where hospital staff are not wearing appropriate protective equipment, such as masks, gowns, and gloves. Proper cleaning and disposal of instruments,such as needles and syringes, is also important. If instruments are not disposable, they must be sterilized before being used again. Without adequate sterilization of the instruments, virus transmission can continue and amplify an outbreak. 9cLG:MyDocs/Z/Health Dept/Monthly Reports/2014/Monthly July 2014.doc 6 RECEIVED ® AUG 0 6 2014 CITY ADMINISTRATION STAFF REPORT HUMAN RESOURCES DEPARTMENT DATE: August 19,2014 TO: Honorable Mayor and City Council FROM: Teresa McAllister,Director of Human Resources ` RE: A Resolution of the City Council of the City of Vernon approving the application for an Industrial Disability Retirement of Steve Wiles Recommendation It is recommended that the City Council: 1) Find that approving an Industrial Disability Retirement Application is exempt under the __ California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. 2) Re-consider their previous decision (Resolution No. 2014-04) denying an Industrial Disability Retirement Application for Steve Wiles based on lack of medical evidence, and based on a re-evaluation of this case, adopt the attached resolution approving Mr. Wiles' Industrial Disability Retirement Application as their findings and determinations pertaining to Mr. Wiles' Application, pursuant to Government Code section 21156, based on further medical evidence that Mr. Wiles is substantially incapacitated from the performance of his usual and customary duties as a Police Officer for the City of Vernon. Background Mr. Wiles was hired as a Police Officer by the City of Vernon on May 21, 1990; Mr. Wiles retired, as a Police Officer, on May 31, 2012. On June 18, 2012, the City of Vernon received notice that Mr. Wiles filed an application for an industrial disability retirement ("IDR"). In accordance with Government Code Sections 21154 and 21156, the City is required to determine the member's disability eligibility within six months of the IDR request. On its own, a Workers Compensation Award is not sufficient evidence that a local safety member is disabled for retirement purposes. There must be a specific finding under Government Code Section 21166, by the employer, with respect to the disability for which the member will be retired. If it is determined that the member is not disabled from the performance of his or her duties, a resolution to that effect must be submitted to CalPERS. At the request of Mr. Wiles, the City honored several extensions of time in order for him to obtain and submit necessary medical reports to assist the City in its determination of the IDR application. At that time, the City had only received Workers Compensation medical information from an injury sustained by the applicant on April 18, 2011. None of the records provided indicated that Mr. Wiles was permanently incapacitated from performing his former duties. The records provided either made no determination on the permanent incapacitation issue or provided prophylactic work restrictions, which are generally insufficient to find an employee presently incapacitated for purposes of a PERS disability retirement. In addition, after a review of all medical reports, there was insufficient proof and lack of medical information to support a finding that Mr. Wiles had in fact sustained a permanent and stationary disability, and that said injuries would entitle him to receive disability retirement benefits. It was therefore determined that Mr. Wiles was not substantially incapacitated within the meaning of the CalPERS law (Government Code Section 20000, et seq.) from performance of his duties in the position of Police Officer. On February 18, 2014, City Council approved staff s recommendation to deny Mr. Wiles' IDR Application based upon the insufficiency of evidence at that time. On May 2, 2014, staff received additional medical reports from applicant's doctor supporting a finding of Mr. Wiles' substantial incapacitation. In addition, a compromise and release agreement was entered into on May 15, 2014, releasing the City of all claims. Based on a re- evaluation of this case and Mr. Wiles' additional medical reports, City staff is recommending that City Council reconsider the previous denial and approve the IDR application effective as of Mr. Wiles retirement date of May 31, 2012. RESOLUTION NO . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING THE INDUSTRIAL DISABILITY RETIREMENT APPLICATION OF STEVE WILES, A LOCAL SAFETY MEMBER FORMERLY EMPLOYED BY THE CITY OF VERNON (GOVERNMENT CODE SECTIONS 21154 AND 21156) WHEREAS, the City of Vernon (hereinafter referred to as "Agency") is a contracting agency of the Public Employees' Retirement System; and WHEREAS, the Public Employees' Retirement Law requires that a contracting agency determine whether an employee of such agency in employment in which he/she is classified as a local safety member is disabled for purposes of the Public Employees' Retirement Law and whether such disability is "industrial" within such meaning of such Law; and WHEREAS, on June 18, 2012, an application for industrial disability retirement of Steve Wiles employed by the Agency in the position of Police Officer in the Vernon Police Department was filed with the Public Employees' Retirement System ("PERS") ; and WHEREAS, on February 18, 2014, the City Council of the City. of Vernon adopted Resolution No. 2014-04, pursuant to Government Code section 21156, denying an application for an industrial disability retirement by Steve Wiles; and WHEREAS, by memorandum dated August 19, 2014, the Director of Human Resources has recommended that the City Council re-consider their previous decision denying an industrial disability retirement application for Steve Wiles based on staff' s re-evaluation of this case, and that the City Council approve the industrial disability retirement of Steve Wiles; and WHEREAS, the City Council of the City of Vernon has reviewed medical and other evidence relevant to such alleged disability. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS : SECTION 1 : The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct . SECTION 2 : The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA) , in accordance with Section 15061 (b) (3) , the general rule that CEQA only applies to projects that may have an effect on the environment . SECTION 3 : Based on competent medical evidence, the City Council of the City of Vernon hereby finds and determines that Steve Wiles is substantially incapacitated from the performance of his usual and customary duties as a police officer for the City for a permanent or extended and uncertain duration within the meaning of the Public Employees' Retirement Law. SECTION 4 : The City Council of the City of Vernon hereby finds and determines that such disabilities are a result of injury or disease arising out of and in the course of employment. Neither the City Council of the City of Vernon nor Steve Wiles has applied to the Workers' Compensation Appeals Board for a determination pursuant to_ Government Code Section 21166 whether such disability is industrial, and that there is not a possibility of third-party liability. SECTION 5 : Steve Wiles' last day in paid status was June 17, 2009, after exhaustion of all leaves, if any, under Government Code Section 21164 and no dispute as to the expiration of such leave rights exists . Steve Wiles' permanent separation date as a police - 2 - officer for the City was May 31, 2012 . SECTION 6: Steve Wiles is and has been receiving a PERS service retirement effective May 31, 2012 . Advanced Disability Pension Payments will not be made. SECTION 7 : Steve Wiles is competent to act on his own behalf in legally binding retirement matters . SECTION 8 : The City Clerk shall notify Mr. Wiles of the City Council' s determination approving his application for industrial disability retirement. SECTION 9 : The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the City Clerk' s, or Deputy City Clerk' s, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 19th day of August, 2014 . Name: Title: Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: Zaynapy Moussa, Deputy City Attorney 3 STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, August 19, 2014, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of August, 2014, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) - 4 - RECEIVED TO CITY ADMINISTRATION STAFF REPORT GAS & ELECTRIC DEPARTMENT DATE: August 19,2014 TO: Honorable Mayor and City Council / 1 FROM: Carlos Fandino Jr.,Director of Gas & Electric* Base Contract with ConocoPhillips for Sale and Purchase of Natural Gas (the "NAESB Contract") Recommendations It is recommended that the City Council: 1. Find that the approval requested in this staff report is exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301(b), the general rule that CEQA only applies to projects that may have an effect on the environment; and 2. Authorize the Director of Gas & Electric to execute the North American Energy Standards Board ("NAESB") contract by and between the City of Vernon ("City") and ConocoPhillips in_substantially the same form as attached to the staff report, for the purpose of buying and selling natural gas to or from ConocoPhillips, in compliance with the general terms established in the agreement. It is further recommended that the City Council find that, pursuant to Vernon Municipal Code § 2.17.12(A)(6), competitive bidding is not required because these are contracts for gas and/or electrical power for the city's power utility, and that it would be commercially unreasonable to procure the gas or electricity through standard bidding or request for proposal procedures. Background The City of Vernon owns and operates a municipal natural gas distribution system for supplying the City's municipal electric system with natural gas and providing natural gas to businesses and industries within the City. The City desires to sell and purchase natural gas to or from ConocoPhillips, under general terms and conditions published by the NAESB. The City has determined that it is to the City's advantage, and in the public interest of the customers and residents of the City; to enter into a contract with ConocoPhillips for the purchase and sale of natural gas. This agreement constitutes general terms and conditions only and does not obligate the City to enter into a specific purchase or sale transaction; however, the result of fully executing the agreement will provide the ability, for the City to transact with ConocoPhillips. The City has similar agreements in place with Sacramento Municipal Utility District (SMUD), BP Energy, Shell Energy, Southern California Gas Company, EDF Trading North America, LLC, Anahau Energy, and lberdrola. The key objectives of the agreement with ConocoPhillips are as follows: o To expand the City's counterparty pool • Create an opportunity for better pricing and liquidity e To maximize trading capability Vernon Gas &Electric staff recommends that the base NAESB Contract with ConocoPhillips be approved. Attached herewith is a copy of the proposed Base Contract for Sale and Purchase of Natural Gas with ConocoPhillips: Fiscal Impact The base agreement with ConocoPhillips will provide Vernon flexibility to buy and sell natural gas as needs dictate,which could potentially produce a monetary benefit for the City. The exact financial impact of this agreement is unknown at this time. Attachments Base Contract for Sale and Purchase of Natural Gas This Base Contract is entered into as of the following date:August 1,2014 The parties to this Base Contract are the following: PARTY A PARTYNAME PARTY B CONOCOPHILLIPS COMPANY CITY OF VERNON 600 North Dairy Ashford{CH1040) ADDRESS 4305 Santa Fe Ave. Houston,TX 77079 Vernon,CA 90056 www.conocophillips.com BUS►NESSWESSITE www.Cityofyernon.orsr CONTRACTNUMBER : 00-136-8265 D-U-N-SONUMBER 06-088-3022 El US FEDERAL: 73-0400345 I US FEDERAL: '95-6000808 TAX ID'NUMBERS LJ OTHER:. . ❑ OTHER: Delaware JURISDICTION OF California ORGANIZATION 0 Corporation ❑ LLC ❑ Corporation ❑ LLC Pj Limited Partnership ❑ Partnership COMPANY TYPE ❑ Limited Partnership ❑ Partnership ❑ LLP 11 Other,; 0 LLP El Other: Government A enc GUARANTOR IF APPLICABLE CONTACT INFORMATION PO Box 2197(CH 1040).Houston.TX 77252-2197' 4305 Santa Fe Ave.Vernon CA 90058 ATTN Gas&PowerContract Administration ■ COMMERCIAL ATTN: Gas&ElectrlaContract Dept TEL#;._ 281.293.2115 FAX#:261293.6303 TEL#;t 323-583-881;1 Ext.825 FAX#f 323-8264425 EMAIL: EMAIL:, ATTN; SCHEDULING ATTNi TEL#: FAX#: TEL#: FAX#: EMAIL:> EMAIL; 600 North Dairy Ashford(6H1040).Houston.TX 77079 4305 Santa Fe Ave.Vernon.CA 90058 ATTN: Gas&Power Contract Administration • CONTRACTAND ATTW Gas&Electric Contract Dept. LEGAL NOTICES i TEL#: 281.293.2115 FAX#: 281..293.6303 TEL#: 323-583-8811 Ext.825 FAX# 323-826-1425 EMAIL: EMAIL: I PO Box 2197 Houston.TX 77252-2197 ATTN: .Corporate Credit ■ CREDIT ATTN: TELP FAX#: 281-293-5352 TEL#: FAX#. EMAIL:GlobalCredit conoao hilli s.com EMAIL: PO Bok.2197(CHs104m):Houston:TX 77252-2197 4305 Santa Fe AV6.,Vern6n.CA 00058 j ATTN;. Contract Administration ■ TRANSACTION ATTN' Gas&Electric Contract Dept. TEL#: 018i661.3449 FAX#: 918,662.6943 CONFIRMATIONS TEL#,k 323-583-88111 Eats 825 FAX# 323-826-1425 EMAIL:, Ph GasC cono hilli s.com EMAIL:ca ACCOUNTING INFORMATION PO'Box 210(P0 01711035.Houston,TX 77252-2197 4305 Santa Fe Ave.Vemon,CA 90058 ATTN; Settlements ■ INVOICES ATTN Gas-&Electric Invoice:&Payment Dept. • PAYMENTS TEL#: 281.293.4602` FAX#: 918-662-6882 TEL# ' 323-583-8811 Ext 227 FAX* :323 826-3629 SETTLEMENTS EMAIL: GasSettlemenfs0conocophillips.com EMAIL<. BANK: JP MoroamChase WIRE TRANSFER BANK" East West Bank ABA: 021000021 ACCT; 695207951 NUMBERS` ABA. 322070381 ACCT: 80362791 ` OTHER QETAILS- (IFAPPLICABLE) OTHER DETAILS: Gas&Electric Account BANK: BANK.; ABA: ACCT: ACH NUMBERS ABA. ` ACCT: i OTHER DETAILS: (IF APPLICABLE) OTHER DETAILS: ATTN: ATTN:. ADDRESS: CHECKS ADDRESS: (IF APPLICABLE) Copyright©2006 North American Energy Standards Board,Inc: NAES13 Standard 6.3.1 All Rights Reserved Page 1 of 13 September 5,2006 Base Contract for Sale and Purchase of Natural Gay (Continued) This Base Contract incorporates by reference for all purposes the General Terms and Conditions for Sale and Purchase of Natural Gas published by the North American Energy Standards Board. The parties hereby agree to the following provisions offered in said General Terms and Conditions.. In the event the parties fail to sheds a box,the specified default provision shall apply. Select the appropriate box(es) from each section: Section 1,2 0 Oral(default) Section 10.2 11 No Additional Events of Default(default) Transaction OR Additional Procedure 0 Written Events of CI Indebtedness Cross Default Default Section 2.7 1@ 2 Business Days after receipt(default) 0 Party A: Confirm Deadline OR11 Party 8: ❑ Business Days after receipt El Transactional Cross Default Section 2.8 ❑ Seller(default) Confirming Party OR 0 Buyer OR 0 ConocoPhllli s,C;orn an Section 3.2' O Cover Standard(default)' Section 10.3.1 17 Early Termination Damages Apply(default) Performance OR Early Obligation IJ Spot Price Standard Termination OR Damages El Early Termination Damages Do Not Apply Note:The following Spot Pr/to,Publication Applles to both'of the immediately roceding.. Section 10.3:2 O Other Agreement Setoffs Apply(default); Other Section 2.31 p Gas Daily Midpoint(default) Agreement O Bilateral(default) Spot Price OR Setoffs Publication, Ca 0 Triangular OR I j (J Other Agreement Setoffs Do Not Apply Section 6 0 Buyer Pays At and After Delivery Point(default) l Taxes OR j, ❑ Seller Pas Before'and At Delivery,Point Section 7.2: O 25"Day of Month following Month of delivery Section 15.5 California ' Payment Date (default) Choice Qf Law OR with venue for anv dispute in Los Angeles Countv Cl Da Lof Month following Month of delive Section 7.2 ® W re;transfer(default) Section 15.10 `O Confidentiality applies-(default) Method of Payment: ❑ Automated Clearinghouse Credit,(ACH) Confidentiality OR C Check LJ Confidentiality does not apply Section 7.7' O Netting applies(default) Netting OR , tj 'Nieftirig does not ap ply' N Special Provisions Number of sheets attached: 3 pastes ❑Addendum(s): IN WITNESS WHEREOF,the parties hereto have executed this Base Contract in duplicate. CoriocoPhilli s cornipany` PARTYNAME Ci of Vernon SIGNATURE B - PRINTED NAME , Y '14 6161 t7rLE 1 i Copyright©2006 North American Energy Standards Board,Inc.. NAESB Standard 6.3.1 L All Rights Reserved Page 2 of 13 September 5,2006 General Terms and Conditions Base Contract for Sale and Purchase of Natural Gas SECTION 1. PURPOSE AND PROCEDURES 1.1. These General Terms and Conditions are intended to facilitate purchase and sale transactions of Gas on a Firm or Interruptible basis. "..Buyer"refers to the party receiving Gas and"Seller"refers to the party delivering Gas. The entire agreement between the parfies shall be the Contract as defined in Section 2.9. The parties have selected either the"Oral Transaction Procedure or the"Written Transaction Procedure"as indicated on the Base Contract Oral Transaction Procedure: 1.2. The parties will use the folloyvirig'Transaction Confirmation procedure. Any Gas purchase and sale transaction may be effectuated in an EDI transmission or`telephone conversation with the offer and acceptance constituting the agreement of the parties. The parties shall be legally boilnd from the time they so agree to transaction terms and may each rely thereon. Any such transaction shall be considered'a"writing"and to have been"signed". Notwithstanding the foregoing sentence, the parties agree that Confirming Party shall, and. the other party,may, confirm a telephonic transaction by sending the other party a Transaction Confirmation by facsimile, EDI or mutually agreeable electronic means within three Business Days of a transaction covered by this Section 1.2(Oral Transaction.Procedure) provided that the failure to send a Transaction Confirmation shall not invalidate the oral agreement of the parties. Confirming Party adopts its confirming letterhead, or the like, as its signature on any Transaction Confirmation as the identification Arid authentication of Confirming Party. If the Transaction Confirmation contains any provisions other than those relating to the commercial terms of the transaction (Le., price, quantity, performance obligation, delivery point; period of delivery and/or transportation conditions), which modify or supplement-the Base Contract or General Terms and Conditions of this Contract(e.gi, arbitration or additional representations.and warranties),such provisions shall not be deemed to be accepted pursuant 1o. Section 1.S'but must be ekpressIV agreed to by both parfies; provided that the-foregoing, shall not invalidate,any transaction:agreed to b' the -arties. Written Transaction Procedure: j 1.2. The parties.will use the followirig;Transaction Confirmation procedure. Should the parties come to an agreement regarding a Gas purchase and sate.transaction;for,a particular Delivery Period, the Confirmm'g.Party shall, and the other partymay, record that agreement on a Transaction Confirmation and comrri'unicate such Transaction;Confirmation by facsimile, EDI or mutually agreeable electronic means, to the other party by the close of the Business Day following the,.date of agreement. The parties acknowledge that.thelr':�°agreement,Wll `not be binding until the exchange of nonconflicting Transaction Confirmations or the assa a of the Confirm.Deadline without objection from ahe receivin art ;as rovided in Section 1.3. 1.3, If a sending patty's Transaction Confirmation is materially different from the receiving party's understanding of the agreement referred to in Section 1.2,such receiving party shall noti , en fy the' ding party,Via facsimile,EDI or mut(a(y agreeable electronic means by the Confirm Deadline,,unless such receiving party has previously sent a Transaction Confirmation tothe:sending party. The failure of the receiving party to so notify the sending party in writing by tfie Confirm Deadline constitutes the receiving patty's agreementto the terms of the transaction described in the sending patty's Transaction-Confirmation.' .If there are any,rCtateral differences between timely sent Transaction'Confirmations governing the same transaction,then,neither Transaction Confirmation shall be binding until or unless_such differences are resolved including the use'of any evidence,w"at clearly resolves'the-differences in the,"Transaction Confrmations. In the event of a conflict among the terms of(�a,`binding Transaction Confirmationpursuant to Section 1.2;,(ii).the oral agreement of the parties which may be evidenced by a recorded conversation, where the parties have selected the Oral Transaction Procedure of the Base Contract; (iii)the,°Base`Contract;and (lv)these General Terris and Conditions, the Stan s of the documents.shall,govern in,tihe priority listed in this sentence. 1.4. The patties agree that each party may electronically record all#alephone conversations with respect to this Contract'between their respective employees,without anyspecial or furthers notice to the other party. Each,party shall.obtain:any necessary consent of its agents and employees to such recording:; Where the,parties have selected the,Oeal Transaction Procedure in Section 1.2 of the Base Contract,the parties agree not to contest the validity or enforceability of telephonic recordings entered into in accordance with the requirements of this,Base:Contract. SECTION 2. DEFINITIONS The terms set forth below shall have the meaning ascribed to them below. Other terms are also defined elsewhere in the Contract and,shall have the meanings ascribed to<them herein, 2.1. "Additional Event of Default" shall mean Transactional Cross Default or Indebtedness Cross Default, each as and if selected by the parties pursuantto the Base Contract 2.2. "Affiliate"shall mean,in relation to any person,any entity controlled,directly or indirectly,by the person,any entity that controls, directly or indirectly,the person or any entity directly or indirectly under common control with the person, For this purpose,"control"of any entity or person means ownership of at least 50 percent of the voting power of the entity or person. Copyright©2006 North American Energy Standards Board,Inc. NAESB Standard 6.3 All Rights Reserved Page 3 of 13 September 5,2006 2.3. "Alternative Damages"shall mean such damages,expressed in dollars or dollars per MMBtu,as the parties shall agree upon in the Transaction Confirmation, in the event either Seller or Buyer fails to perform a Firm obligation to deliver Gas in the case of Seller or to receive Gas in the case of Buyer: 2.4. "Base Contract" shall mean a contract executed by the parties that incorporates these General Terms and Conditions by reference;that specifies the agreed selections of provisions,contained herein;and that sets forth other information required herein and any Special,Provisions and addendum(s)as identified on page one. 2.5. "British thennal unW'or"Btu"shall mean the International BTU,which is also called the Btu(lT). 2.6. "Business Day(sy'shall mean Monday through Friday,excluding Federal Banking Holidays for transactions in;the U.S: 2.7.. "Confirm Deadline"shall mean 5:00 p.m. in the receiving Ipart y's time zone on the second Business Day following the Day a Transaction Confirmation is received or;.9 applicable,.on the Business.Day agreed to by the parties in the Base Contract; provided, if the Transaction Confirmation is time stamped after 5:00:p.m. in the receiving party's time zone, it shall be deemed received at the opening of the next Business Day. 2.t3. t'Confirrning;Party"shall fnean the`party designated in the Base Contract to prepare and forward Transaction Confirmations to the other party. 2.9. "Contract' shall mean the legally-binding relationship established by (i)the Base Contract, (ii) any and all binding Transaction Confirmations and.(iii) where ilia parties have selected the Oral Transaction Procedure in Section 1.2 of the Base Contract,any and all transactions that the parties have entered into through an EDI transmission or by telephone,but that have not been confirmed in a binding Transaction Confirmation,all of which shall form a single integrated:agreement between the parties. 2.10. "Contract Price" shall Mgan the amount expressed in U.S. Dollars per MMBtu to be paid by Buyer to Seller for the purchase of Gas as agreed to by the partie`s:in a transaction. 2.11. "Contract 'Quantity", shall mean_th&,quantity of Gas to be delivered and taken as agreed to by the parties in a transaction: 2 1 2, "Cover Standard",.as.referred to in Section,3.2, shall.mean,that if:there is an unexcused-failure;to,take or deliver,any quantityofGas:pursuantto this Contract, then the.performing party shall-use commercially reasonable efforts to (r),if Buyer is the performing,party obtain;Gas,{or an alternate fuel if elected by Buyer and replacement Gas is not available), or(u)rf Seller`is the performing party, sell Gas; in either ca"se,at a puce reasgrlable for the delivery or production area,as I applicable,consistent with: i the-.aiilount'af notice provided by the°nonperforming pa�rfyx,the immediacy of the Buyer's Gas consttrttpfion,.needs or Sellers Gas salesrepuirements,asapplrcable;the glt�ntities'mvolved.,and-the anticipated length-ol=failure bythe nonperforming party;' , 2 13." `'Credit Support Obligatron(s)"shall mean any obligation(s)to provide or,establish credit support for, or on behalf of; a party to this Contracf s[(eh:as cash an irrevocable standby°letterof credit,a margin-agreement,a,prepayment,a aecurity;interest in- an,asset,guaranty,orotiier good and sufficient seeurity of a continuing nature. 2 14: Day"shall;mean a period.of 24 consecufrve hours,coextensive with a"day"'as defined by the Receiving;Transporterin i a particular transaction. 2 _ "Delivery Period"shall be the' period during which deliveries are to bemade as agreed to by the parties in a,,' transaction. 2.16. 'Delivery Poinf(s)"'shall meaWsuch point(s),as are agreed to by the parties in a transaction.. , 2 17 EDI" shall.rriean an electronic data interchange pursuant to an agreement entered`,into.by the parties, specifically . relating to the_egmmunication of Transaction Confirmations under this Contract. 2 f iEFP" shall mean the purchase, sale or exchange of natural Gas as the "physical" side:,of an exchange for physical transact on.,involving gild,futures contracts. EFP shall incorporate the meaning and remedies Hof"Firm', provided rth`ii a�party's excuse for;nonperforitance of its obligations o deliver,or receive Gas will be governed by the rules;of the relevant`futures excharigereguiate&und'ef the Commodity Exchange Act. 2.19 `Firm' shali':rnean- that either party may interrupt its performance without liability only to ,the extent'that such performance is prevented/for reasons,of Force MaJeure; provided, however, that during Force Majeure interruptions; he party invoking;i✓oree Mateuretriay be responsible for any Imbalance-Charges as set Tor{h in Section 4 3 related.to its interruption after the nomination is matle'to the Transporter arid until the'change in deliveries and/or pts is confirmedsoy the Transporter: i 3.20, ''Gas" shall mean any mixture of hydrocarbons and noncombustible gases in a gaseous state consisting primarily of methane: ` I'Guarantor`shall mean anyentity that has provided a guaranty-'of the obligations of a party hereunder. 2 22, "Imbalance;Charges"shall mean anyfees,penalties;costs or charges(infcash or in kind)assessed by a Transporter for failure:tossatisfy the Transporter's balance and/or nomination requirements. 2 23 .:"'fndebtednessCross_Default"shall mean i(selected on the Base Contract by the parties with respect to a party, that it or''its Guarantor, if any;,;experiences a default or.sintilar condition of event however .therein `defined, under one or more agreements or instruments, individually or collectively, relating to indebtedness (such indebtedness to include any obligation whether present or future, contingent or otherwise, as principal or surety or otherwise)for the payment or repayment of borrowed money in an aggregate amount greater than the threshold specified in the Base Contract with respect to such party or its Guarantor,if any,which results in such indebtedness becoming immediately due and payable; Copyright©2006 North American Energy Standards'Board,Inc: NAESB Standard 6.3.1 All Flights Reserved Page 4 of 13 September 5;2006 2,24. 'Interruptible" shall mean that either party may interrupt its performance at any time for any reason, whether or not caused by an event of Force Majeure, with no liability, except such interrupting party may be. responsible for any Imbalance Charges as set forth in Section 4.3 related to its interruption after the nomination is made to the Transporter and until the change in deliveries and/or receipts is confirmed by Transporter. 2.25. "MMBtu"shall mean one million British thermal units,which is,equivalent to.one dekatherm. L26. "Month" shall mean the period beginning on.the first Day of the calendar month and ending immediately prior to the commencement of the first Day of the next calendar month. 2.27. "Payment Date"shall mean a date,as indicated on the Base Contract,on or before which payment is due Seller for Gas received by Buyer in the previous Month. 2.23. "Receiving Transporter" shall mean the Transporter receiving Gas at-a Delivery Point; or absent such receiving Transporter,the Transporter delivering Gas at a Delivery Point. 2.29. "Scheduled Gas" shall;mean the quantity of Gas confirmed by Transporter(s) for movement, transportation or management. 2.30 "Specified Transaction(s)" shall mean any other transaction oragreement between the parties for the purchase, sale or exchange of physical Gas,and any other transaction or agreement identified as a Specified Transaction under the Base Contract. 2.31.. "Spot Price"as referred to in Section 12'shall mean the price listed in the publication indicated on the Base Contract, under the listing;applicable to:the,geographic Iodation closest in proximity to the Delivery Point(s)for the relevant Day; provided; if there is no single price published for,such location for such Day,but there is published;a range of prices,then the Spot Price shall be the average of such high and Ipw prices..:If no price or range of prices is published for such Day,then the Spot Price shall be the average of the following, (i)'tt7e`price (determined as stated above) for the first Day for which a price or range of prices is published that next precedesttie relevant Day,`antl(ii)the price(determined as stated above)for the first Day for Which_a price or range of prices is published thatnext follows the relevant Day. 2.32 "Transaction Confirmation" shall mean a document, similar to the form of Exhibit A, setting forth the terms of a transaction lormed,pur'sue tto_Section 1 fora particular,Delivery Period 2.33. "Transactional Cross Defaul#"shall mean if selected on the Base Contrapt,by the parties with respect to a patty, that it shall be in default,however therein defined,under any Specified Transaction. 2.34. "Termination Option"shall,mean the option of either party to terminate a transaction in the event that the other-party fails to perform A Flan obligation fo deliver Gas in the case of Seller or to receive Gas in the case of Buyer for a designated number of,days during a period as specified on the applicable Transaction Confirmation. 2.35. 'Jransporter(s)"shall mean aIlGas gathering or plpelirie companies,or local distribution companies;acting in the capacity of transporter, transporting,Gas for Seller or Buyer upstream or downstream; respectively;of the Delivery`Point pursuant;to a particular transaction.` . SECTION 3. PERFORMANCE OBLIGATION 3.1,: Sellet agreesto sell and deliver;,and Buyer,agrees to receive and purchase,the Contract,Quantity fora particular transaction in accordance,with,the,terms of the Contract. 'Sales and purchases will be on a Firm or Interruptible bas'isj-'asl agreed to by the parties in a transact on,, Theparties have selected either the."Cover`Standard"orthe"Spot Price Standard"as indicatetl;on i66 6aiso Contract. Cover,Starldard. 3 2 The Sole and,ezclusive remedy of the parties'n the event of a breach of.a Firm obligation to deli 4or or receive Gas shall be reco, ery of the folloviing: (i)in the event of-a breach by Seller on any-bay(s),-payment by Seller to Biiyerin an amount equal to the positive difference,flf any, be purchase price paid by Buyer utilizing�fhe Cover Sfarldard and the Gontracf Price, adluste`d for cohtmercialfy reasonable.,:differences:in #ransportation costs to orfrorr the Delivery°Point(s), muftiplieit by the difference etween the.;Contract Quantity and the quantity actually delivered by Seher for such Day(s� ezduding any,quantity_for which,no=replacement is.available or:(i) in the event of a breach by Buyer on any Day(s), paymentby Buyer to Seiler in the amount equaI to the positive tlifference if any, betwe,6m the-Contract Price and the price recelved by Seiler utilizing'the Cover Standard for the resale_of such Gas, adjusted for commercially reasonable differences in transportation; costs to or'-from the Delivery Pofnt(s) multiplied by the difference between the Contract Quantity and the quantity actually;taken by Buyer for such Days) excluding any quantity for which'no sale is available; and (iii) in the event`that Buyer has used:commercially reasonable effortsto�.replace the G`as or Seller has used comriiercially reasonable efforts to sell the Ga to,a°;third party, And"no such replacement or sale is:available for all_or any portion Hof.the;contract Quantity off Gas; then in atldition fo (i)' or�(ii) above, as Applicable--the sole and°±exclusive remedy of the performing party,with respect to the.Gas not replaced or so shall bean amount equal-to;any unfavorable difference between fhe.Cdn([act Price and the:Spot Price, adjusted for.such;trapsportatiori to the applicable Delivery Point;`multiplied by the quantity ofasuch Gas:not replaced or sold. Imbalance Charges shalt not be recovered under`this Sect on3 ' but Seller and/orbuyer shall be=responsible for Imbalance Charges, if any;as provided in'Section 4.3. The amount of such unfavorable difference shall be payable five Business Days after presentation of the performing party's invoice, which shall set forth the basis upon which such amount was calculated. ! Copyright©2006 North American Energy Standards Board,Inc: NAESB Standard 6.3.1 All Rights Reserved Page 5 of'13 September 5;2006 Spot Price Standard: 3.2. The sole and exclusive remedy of the parties in the event of a breach of a Firm obligation to deliver or receive Gas shall be recovery of the following:(i)in the event of a breach by Seller on any Day(s),payment by Seller to Buyer in an amount equal to the difference between the Contract Quantity and the actual quantity delivered by Seller and received by Buyer for such Day(s), multiplied by the positive difference, if any, obtained by subtracting the Contract Price from the Spot Price; or(ii) in the event of a breach by Buyer on any Day(s), payment by Buyer to Seller in an amount equal to the difference between the Contract Quantity and the actual quantity delivered by Seller and received by Buyer for such Day(s) multiplied by the positive difference, if any, obtained by subtracting the applicable Spot Price from the Contract Price. Imbalance Charges shall not be recovered under this Section 3.2,but Seller and/or Buyer shall be responsible for Imbalance Charges;if any,as provided in Section 4;3. The amount of such unfavorable difference shall be payable five Business Days after presentation of the performing party's invoice,which shall set forth the basis upon which such amount was calculated. 3.3. Notwithstanding Section 3.2,the parties may agree to Alternative Damages in a Transaction Confirmation executed in writing by both parties, 3.4. In addition to Sections,;3.2 and.3.3, the parties may provide for a Termination Option in a Transaction Confirmation executed in writing by both parties. The Transaction Confirmation containing the Termination Option will designate the length of nonperformance triggering the Termination=Option and the procedures for exercise thereof, how damages for nonperformance will be compensated,and how liquidation costs will be calculated. SECTION 4. TRANSPORTATION, NOMINATIONS, AND IMBALANCES 4.1 Seller shall have the sole;responsibility for transporting the Gas to the Delivery Point(s). Buyer shall have the sole responsibility for transporting the Gas from the Deli'eiy Point(s). 4.2. The parties shall coordinate their nomination activities,giving sufficient time to meet the deadlines of the affected Transporter (s): Each party shall give the other party timey prior"Notice,sufficient to meet the requirements of all Transporter(s)involved in the transaction,of the quantities of Gas to be delivered and purchased each Day. Should either parry become aware that actual deliveries at the Delivery j Point(s)are greater or lesser than the Scheduled Gas;such party shall"promptly notify the other party, The parties shall use commercially reasonableefforts to avoid imposition of any,Imbalance Charges: If"Buyer or Ballet"receives an"invoice from a Transporter that includes Imbalance Charges, the parties shall deteurrnine the validity'as Well as the cause"of such imbalance Charges .ff-theambalance'Charges were incurred as a result of Buyer's receipt:of quantities of Gas greater than"or less than the Scheduled Gas,they Buye1 shall pay for such Imbalance.Charges or reimburse Seller for such Imbalance',Charges paid by Sell& if the Imbalance Charges were"incurred as a result of Seller's delivery of quantities of Gas greater than or less_than'the-Scheduled'Gas,than Seller shall payfor,such 6b866e Charges;or reimburse Buyer`for such Imbalance Charges,paid by Buyer. SECTION 5. ""QUALITY AND;MEASUREMENT All Gas,de,iverp,blj Seller shall meet the pressure,qualityiand.heatcontent requirements of the Receiving Transporter: fihe.unitofquantity measuremen(Jor purposes of this Contract,shall be.one MMBtu dry. Measurement of Gas quantities hereunder shall be in accordance with thezestatl►sheii procedures of the'Receiving'Transporter." SECTION:6 TAXES The parties have selected either"Buyer Pays At and After Delivery Point" or"Seller Pays Before:and AtDekvdry Point" as indlcated`61ri 4 Base Contract: Bu er Pa a Atand"After Delivery Pointe Seller,shall pay,or Cause=to'be paid all taxes,fees,levees,penalties,licenses or charges imposed by any government authority(`Taxes'') on or wthttesp°act to the G,as prior to the;Defivery Po►nt(s),;Buyer hall pay or cause to be paid all Taxes on or"with respectao the Gas at the Delivery Poirjt(s) 64:all Taxes after the Delivery Poirtt(s). If a party;is required to=remit or pay Taxes that are the other parry's responsibility hereunder the party responsible forsuch lazes shall promptly reimburse the,`other party for such Taxes. Any party:entitled to bh,e, tb-tion fYQm an 'such Taxes or<char es shall furnish the-other a an necessa documentation thereof. Selliie:Pa's Before and AtDelive Point: Seller,st al(pay or Cause;"to;be paid all taxes,fees,levies penaalties',licenses or charges imposed by any government authority,("Taxes") On,,orwi h respect io the C�a` s prior to the:Delivery Polnt(s)and all Taxes atthe Delivery Pojnt(s). Buyer,sliati;pay or cause tobepaid all Taxes"on o with respect to the Gas after the Delivery Point(s): If a party is required to remit or pay Taxes fhat are"the other-partys responsiblity hereunder,the partyresponsible forsuch Taxxes shall-promptly reimburse b,6,6ther party for sucl5 Tiixes. Any party�,entitled to an dkerti Pion from-an y such:Taxes orcharges shall fumisli;the other a V an necessa documentation thereof. SECTION 7. BILLING, PAYMENT;ANDAUDIT 7 1... Seller shall invoice Buyer for Gas delivered and received in,the preceding Month and for any ocher"applicable charges,providing i supporting documentaton acceptable in industry practice to support'the amount charged. If the actual quantity"delivered'is not known by the billing date,billing will be prepared based on the quantity of Scheduled Gas: The invoiced quantity will then be adjusted to the actual quantity ' on the following Months billing or as soon thereafter as actual delivery information is available. Copyright©2006 North American Energy Standards Board,Inc; NAESB Standard 6.31 All Rights Reserved Page 6 of 13 September 5;2006 7.2. Buyer shalt remit the amount due under Section`7.1 in the manner specified in the Base Contract,in immediately available funds, on orbefore the later of the Payment Date or 10 Days after receipt of the,invoice by Buyer; provided that if the Payment Date is not a Business Day,payment is due on the next Business Day following that date._ In the event any payments are due Buyer hereunder,payment to Buyer shall be made in accordance with this Section T2. 7.3. In the event payments become due pursuant to Sections 3;2 or 3.3, the performing party may submit an invoice to the nonperforming party for an accelerated payment setting forth the basis upon which the invoiced amount was calculated. Payment from the nonperforming party will be due five Business Days after receipt of invoice. 7.4. If the invoiced party,in good faith,disputes the amount of any such invoice or any part thereof,such invoiced_party will pay such amount as it concedes to be correct; provided, however, if the invoiced party disputes the amount due, it must provide supporting docuntentation acceptable in industry practice to support the amount paid_or disputed without undue delay., In the event the parties are unable to resolve such dispute,either party may pursue any remedy available at law or equity to enforce its rights pursuant to this Section. 7.5, If the invoiced party fails to remit the full amount;payable when due,interest on the unpaid portion shall accrue from the date due until the date of payment at a rate equal to f ha,,lower of(i)the then-effective prime rate of interest published under"Money Rates"by The Wall Street Journal,plus two percent per apnunrror'(ii)the maximum applicable lawful interest rate: 7.6. A party shall have the.right,atits own expense,upon reasonable Notice and at reasonable times,to examine and audit and to obtain copies of the relevant portion of the books, records, and telephone recordings of the other party only to the.extent reasonably necessary to verify the accuracyof any statement,charge,payment,or computation made under the Contract; This right to examine,audit, and to obtain copies shall not be°available with respect to proprietary information not directly relevant to transactions under this Contract: All invoices and billings shall be conclusively presumed final and accurate and all associated claims for under-or overpayments shall be,deemed Waived unless such invoices or billings are objected to in writing,with adequate explanation and/or documentation,within two years after the Month of Gas delivery: All retroa6f4adjustrrients under Section 7 shall be paid in full by the party owing payment within 30 Days of Notice and substantiation of such inaccuracy ; 7.7. Unless the parties have{elected_ .the Base Contract not to make this Section 7.7 applicable to this Contract, the parties shall net all undisputed;amounts due and owing,and/or past due,arising under the Contract such that the party owing the greater j amount shall make a,single payment of the net amountto the�other party in accordance with Section 7,_provided,that no payment required to,be made pusrsu nt to the.terms of any Credit Support Obligation or pursuant to Section 7:3 shall be`subject;to getting under this Section If the parties ha4,*ecuted a separate netting agreement,the terms and conditions;there_in shall prevail to the extentinconsistent herewith. SECTION 8. TITLE,WARRANTY,AND INDEMNITY 8.1: Unless otherWi6e specifically agreed,title to`the Gas shall pass from Seller to Buyer at the Delivery' Point(s)t:-Seller shall have responsibility fof l".and assume-any;liability with respect°to the Gas prior to fsi;delivery to.Buyer:at"the specified Delivery Point(sj ,Buyer shaIFKiive responsibility for and assume,.any liability with respect`6 said Gas after'its;delivery to Buyer at;the Delivery.Points) 8 2 8611er warrants that it will have the right to convey and will transfer good and merchantable title to all Gas -sold hereunder ands 4 ellvered by 1t to Buyer, free and clear of,all liens, encumbrances, and claims. EXCEP-T AS PROVIDED IN THIS SEC 164 8 2 AND.lN SECTION 15:8„ 4LL OTHER-,.WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR.PURPOSE,ARE DISCLAIMED: 8 3 Seller agrees to indemnify Buyer and save it harmless from all losses, liabilities or'claims including. reasonable attorneys, fees:and costs of court ("Claims"), from any, and all persons ansing from or-.out ofi claims of title, personal injury (Including tieath� or property damage from said Gas.or-Other charges fperebii w-w ch attach Liefore title:passes'to Buyer. Buyer agrees to`indemnify Seller and save it harmless from all Claims,from any and allpersons,arising from'orout of.claims regarding payment, personatinjgry(i!iJncluding;death)or property damage fromsaid Gas or other charges thereonwhich attach Aert tie passes to,Buyer. 8 4 The parties agree that the delivery of and the transfer of title to all'Gas under this Contract shall take place within the Customs Territory of the United States(as defined in`peneral note 2 of the Harmonized Tariff Schedule,of the Umted=States 19 U.S C`<§12�02, General;�Kotes, page 3)' providedhc�G�lever, that in the-event Selfertook title_to tht��Gas outside tFre"Customs Territory of;the United States,Seller,represents and warrants that it is the importer df record for all Gas entered anddeliVered into the Unitet States,andshall be responsible for,entry arld entry summary filings_as well„as the'payment of:duties,,taxes;and:fees if any and,6MI applicable record keeping requirements $ 5 Notw thstandirtgzthe other provisions of this Section 8,as between Seller and Buyer;Seller vkl be l ab(e:for all Claims to:t'he extent that such arise from the failure of Gas delivered by Seller to meet the quality requirements of'Sedion 5. SECTION 9. NOTICES 9. i .All Transaction;Confirmations, invoices, payment instructions, and others communications made pursuant to'-the Base Contract'(''Notices')shall be made to the addresses spented in writing by the respe-tive_parties from tiMe`toMme 9 2...:. All Noticesrequired hereunder shall be,in writing and may be sent.by facsimile or mutually acceptable electronic means, a nationally recognized overnight courier service,first class mail or hand delivered. 9.3. Notice shall be given when received on Business Day by the addressee. In the absence of proof'ofthe actual receipt date, the following presumptions will apply. Notices sent by facsimile shall be deemed to have been received upon the sending party's receipt of its facsimile machine's confirmation of successful transmission. If the day on which such facsimile is received is Copyright©2006`North American Energy Standards Board,Inc: NAESB Standard 6.3.1 All Rights Reserved Page 7 of 13 September 5,2006 not a Business Day or is after five p.m.on a Business Day,then such facsimile shall be deemed to have:been received on the next following Business Day. Notice by overnight mail or courier shall be deemed to have been received on the next Business Day after it was sent or such earlier time as is confirmed by the receiving party. Notice via first class mail shall be considered delivered five Business Days after mailing. 9.4. The party receiving a commercially acceptable Notice of change in payment instructions or other payment information shall not be obligated to implement such change until ten Business Days after receipt of such Notice. SECTION 10. FINANCIAL RESPONSIBILITY 10.1. If either party('X")has reasonable grounds for insecurity regarding the performance of any obligation under this Contract (whether or not then due) by the other party ("Y") (including, without limitation, the occurrence of a material change in the creditworthiness of Y or its Guarantor, if°applicable);X may demand Adequate Assurance of Performance. "Adequate Assurance of Performance"shall mean.sufficient.security in the form, amount, for a term,and from an issuer, all as reasonably acceptable to X, including, but not limited to cash,a standby irrevocable letter of credit,a prepayment,a security interest in an asset or guaranty. Y hereby grants to X:a continuingafirst;prioritysecurity interest in,lien on, and right of setoff against all Adequate Assurance of Performance in the form of cash transferredi by Y to X_pursuant to this Section 10.1. Upon the return by X to Y of such Adequate Assurance of Performance, the security interest and lien granted hereunder on that Adequate Assurance of Performance shall be released automatically and,to the extent:possible,without any further action by either party. 10.2, In the event (each an "Event of Default") either party (the "Defaulting Party") or its Guarantor shall: O make an assignment or any general arrangement for,tHe benefit of creditors; (ii) file a petition or otherwise commence, authorize, or acquiesce in the commencement of a proceeding:or case under any bankruptcy or similar law for the protection of creditors or have such petition filed or proceedingcommenced:against it;(iii)otherwise become bankrupt or insolvent (however evidenced); (iv)be unable to pay its debts as they fall;due (41havo a receiver, provisional liquidator, conservator, custodian, trustee or other similar official appointed with respect;toat;or su4stantial,y all of its assets; (vi)fail to perform any obligation to the other party with respect ! to any Credit Support Obligations relating to,the Contract; (vii)fail to give Adequate Assurance of Performance under Section 10.1 within 48 hours but at least one Business D`a of a written request b the other party; via not have aid an amount due the other ! Y q Y P Y ( ���). p y party, hereunder on,or before the second Business Day;following written Notice that-such payment is due; or ix) be the affected party.with"respect 4o ariyAddI ional Event of Default; then the'other party(the"Non-Defaulting;Party' shall have the right; at,its soleelection, to rminetiiately withhold and/or suspend;deliveries or payments upoi�`�Notice and/or to terminate and liquidate the transactions.under,--'the ontract, in ttie manner pro ldIdd in Section 10.3, in=addition to any ancJ;all;other remedies"available hereunder. 10:3. if.an Event of.Default has occurred and is continuing, the Non-Defaulftr Party shall have the right, by Notice to the DefaUlting Party, fo=designate a`Day, no earlier than the bay such Notice is given and no later than 20 Days after such Notice is given;as"an early termination date(the'.'Early To "Date") for the liquidafionsand termination pursuant to Section'"10.3.1 of all transactions antler the Contract, each a "Terminated<Transaction". On the,;Early Termination!Date, all-transactions will terminate;.other than:.those transactions, if any that may not be liquidated and;terminated under applicable law ("Excluded Transacfions")j whichExcluded Transactions must beliguidated and terminated assoon thereaffer as�is legally permissible, and rmm upon teat�on sfiall,fie a Terminated`Transaction and be valuetl consistent with'Section 10.1,1 biilow._ With respect to each Excluded Tr'ansaction',„its actual termination date shall be the Early Termination Date for ur oses of Section:10.3.1,: The parties have selected either'iEarly Termination,Damages Apply'f.or"Early Termination Damages Do,Not Apply" as indicated on,.fYe,Base Contract. Earl Teiniinat'l,on Dania es Apply; 10'. 1 As of the:Early Termination Date; the Non-Defaulting Party shall determine; in good faith and in a commercially reasonable manner, (i)the amount owed (whether or not then due) by each`potty with respeatao all- as delivered and;"received betweep.the awes under Terminated Transactions ana Excluded Transactions on and before the Early-Termination DaWand all p otheM�app6cabie charges`relating to sucli;deliveries and receipts(including without limitation any amounts;owed untler$6don 3 2), whlch�paymenf has not yet been matte by the party'thai owes such payment antler this Contact and (ii)the Market`Vafue, as definetl below ,of each Terminated Tiansactign. The Non-Defaulting Party shall (X)��liquidate�at1d accelerate each�Tetminated Transaction at its Hacker Value,so that-each amount equal to the tliffi;rence between such MarKet Value and the Contract Value, ! as defined below of such Terminated Transactions)shall be due to the`Buyer under tte Terminated Trahsaction(s)if suchMarket Value exceeds the bontract Value and to the Seherif She opposite is the case;and(y)where appropriate,"?iiscount each amount then"due under clause�z);above to present value in ai commercially reasonable manner as of the EarlyrTerminatron Date;(to take j account'of the period between the date of liquidation and this date on which such amount would have otliervvise been du'e pursuant to the relevant in Termated Transactions); i For purposes of thi$ Section 10.3 1;"Contract Value" means the amount of Gas remaining to be tlelivered,or purchased,.under a ransactonmultphect,bythe Contract Price,and'Market,Value"means the amounf of Gas remaining td.be.delivered orr„purchased under a transaction multiplied by the market price for ei similar transaction at the Delivery Point determined„by the Nan"Defaulting Party m.;a commerctatly ICe'asonable`manner. To ascertaln the Market Value,the No0:-C�efaulting:;Party may consider,among other valuatro4s;'any or,all at:the settlement.prices of NYMEX Gas futures contracts, quotations,front lead►ng dealers=m'energy swap contracts or physical gas trading markets,similar sales or purchases and any other bona fide third-party offers all adjusted for the length of the term and differences in transportation costs. A party shall not be required to enter into a replacement transaction(s)in order to determine the Market Value. Any extension(s)of the term of a transaction to which parties are not bound as of the Early Termination Date (including but not;limited to"evergreen provisions" shall not be considered in determining Contract Values and Copyright©2006 North American Energy Standards Board,Inc: NAESB Standard 6:31 All Rights Reserved Page 8 of°13 September 5,2006` Market Values. For the avoidance of doubt, any option pursuant to which one party has the right to extend the term of a transaction shall be considered in determining Contract Values and Market Values. The rate of interest used in calculating net resent value shall be determined by the Non-Defaulting Part-y in a commercially reasonable manner: Early Termination Damages Do-Not Apply: 10.3.1. As of the Early Termination Date, the Non-Defaulting Party shall determine, in good faith and in a commercially reasonable manner, the amount owed'(whether or not then due) by each party with respect to all Gas delivered and received between the parties under Terminated Transactions and.Excluded Transactions on and before the Early Termination Date and all other applicable;charges relating to such deliveries,and receipts(including without limitation any amounts owed under Section 3 2), for which payment has not yet been made by the.party that owes such payment under this Contract. The panties have selected either "Other Agreement Setoffs Apply" or "Other Agreement Setoffs Do Not Apply" as indicated on the Base.Contract. Other Agreement Setoffs Apply: Bilateral Setoff Option: 10.3.2. The Non-Defaulting°Party shall net or aggregate, as appropriate; any and all amounts owing between the parties under Section 10.3.1, so that all'such amounts are netted or aggregated to a:single liquidated amount payable by one party to the other(the"Net.Settlement Amount"). Atits cote option and without prior Notice to the Defaulting Party,the Non-Defaulting Party is hereby authorized to setoff any.'Net Settlement Amount against(i)any margin or other collateral held by a party in connection with any Credit Support Obligation ielatmg to the Contract; and (ii) any amount(s) (including any excess cash margin or excess cash collateral) owed or held by the"=party that is entitled to the Net Settlement Amount under any other agreement or arrangement between the parties: Triangular Setoff Option: 10.3.2. The Non-Defaulting Party shail..net or aggregate, as appropriate; any and all amounts owing between the parties under Section 10.3.1, so that all such amounts are netted or aggregated to a single liquidated amount payable by one party to the other,(the"Net Settlement Amount"). At its sole-option,and without prior Notice.to the Defaulting;Party;the Non-Defaulting Party is hereby authorizetl tosetoff(i)any Net.Cettlement Amount against any margin or other collateral held bya party'in eo7tnection with any`Credlt Support Obli'gaiion relating to;the Contract;(ii)any Net Settlerrient Amountagainst any amounts)(includmg;any excess cash nlargin,or excess;cash collaterafj owed by or to a;party under anyother agreement or arrangerneh, between the;parties; (iii) any,Net Settlement Airlourlt owed to.the_Non-Defaulting'Party against any amount(s)(including any excess cash margiwor'excess cash collateral) owed .,by the Non-Defaulting _Party or its Affiliates to the .Defauiting Party: under any other agreerrrent or arrangement; (iv) any Net Settlement,Amount owed`to the Defaulting'Party against any amounts)(including any,excess cash margin or'excess cash;collateral} ovyed by the Defaulting Party to the Non-Defaulting Party'or its Affiliates under`,an� other agreement or,arrangement; and/or(v)'any Net SettlemeintAmount owei to the°Defaulting Party agWnst;�Ahy amount(s)'(including anq excess cash margin or excess cash:collateral),owed by Defaulting Party of its:Affiliates to the.,Non=Defaulting Party under another"a reement'orarran ement. Other A' am6nt,SdWffs Do Not A0 f`. 40;3 2 `the Non-Defaulting Party,shall net or aggregate; as appropriate, any and all amounts ovVing between;tfle part es under�Section 10 3 1 so that all such;amounts are netted` aggregatedto-,a single liquidated armount payable by oneparty to the other(the"Net,,bettleme�f Amount") _Af�its sole option and without prior Notice to the befaultrng Party,the Non befaufting Party may setoff any::Net Settlement Amount against any margin or,other collateral'held by a party,in connection with any4C.redit Support Obli ation',relatin fo.the' ontract. _ .. 33 ,,if any obligation that is;to be included.in any netting,`aggregation or setoff pursuant to Sectrotr'40.3.2 is unascertarned, the Non-,defaulting Party=may in good:faith estimate that obligation and net aggregate pr aetoff, as applicable,in respect of the esttmate,maubject to the Non-Defaulting tarty accountingto the Defaulting Party when thO`;obligation is ascertained: Any amount not=then dbo"Which is included in any,netting,;aggregationsor setoff pursuant to Section 10�3.2 shall be discounted to net prese itivalUe m a commercially reasonable mannefetletermined by the Non-Defaulting Party: 10 4 As soon as practicable after a liquidation, Notice shall be given by the Non-Defaulting Party#oche Defaulting Party of the Net Settlement Amount, and whether the Net Settlement Amount kdue to or due'from the Non DefaiJiting Party The Notice hall include a written statement explaining in reasonable detail the calculation of the Net Settlement gmount, provided ttiaI failure to give such Notice shal(;not affect the validity or enforceability of the,liquidation orgive rise to any claim by the Defaulting Party again1;11st=the.Non-Defaulting Party. The Net Settlement Amount as wel(as any_setaoffs applied against such.amoUrtt`ptrsuant to Section_�0 3.2,shall be,paid by the close of business b1t the second Business Day-Ifollowing such N8tice,;. hich-tlate snarl not be earher3l an,the early Termination Date..Interest on any unpaid portion of the Net Setti�ment Amount as adtusted by setof(S $hall accrue from thg-date due until thi bate of payment,at a rate equal.�to'the lower of(6,ike then-effective prime rate of rnterestpublished:under"Money Rates!'-by_e 1iVall SiW,joumai,,plus twg percent per annu n,or(ii),the maximum applicable lawful interest rate 10 5: The parties agree that the transactions hereunder constitute:a "forward contract" within the meaning of the United sw6i 8(hkruptcy Code and that Buyer'and Seller are`each"forward contract merchants"within`the mearnng.of'the'United States Bankruptcy Code. 10.6. The Non-Defaulting,Party's remedies under this Section 10 are the sole and exclusive remedies of the Non-Defaulting Party with respect to the occurrence of any Early Termination Date. Each party_reserves to itself all other rights, setoffs, counterclaims and other defenses that it is or may be entitled to arising from the Contract. Copyright O 2006 North American Energy Standards Board,Inc: NAESB Standard 6.3.1 All Rights Reserved Page 9 of 13 September 5,.2006 10.7. With respect to this Section 10, if the parties have executed a separate netting agreement with close-out netting provisions,the terms and conditions therein shall prevail to the extent inconsistent herewith. SECTION 11. FORCE MAJEURE 11.1. Except with regard to a party's obligation to make payment(s)due under Section 7, Section 10.4, and Imbalance Charges under Section 4,neither party shall be liable to the other for failure to perform a Firm obligation,to the extent such failure was caused by Force Majeure. The term"Force Majeure"as employed herein means any cause not reasonably within the control of the party claiming suspension,as further defined in Section 11.2. 11.2. Force Majeure shall include„ but not be limited to, the following: (i)physical events such as acts of God; landslides, lightning,earthquakes,,fires,storms or storm warnings,such as hurricanes,which result in evacuation of the affected area,floods, washouts,explosions, breakage or accident or necessity of repairs to machinery or equipment or lines of pipe;(i)weather related events affecting an entire geographic region, such as low temperatures which cause freezing or failure of wells or lines of pipe; (iii)interruption and/or'curtailment of Firr transportation and/or storage by Transporters; (iv)acts of others such as strikes, lockouts or other industrial disturbances;,riots,-sabotage, insurrections or wars,or acts of terror;and(v)governmental actions such as necessity for compliance with a court drder, law, statute;ordinance;regulation,or policy having the effect of law promulgated by a governmental authority having jurisdiction. Seller and Buyer shall make reasonable efforts to avoid the adverse impacts of a Force Majeure and to resolve theevent;or:ocourrence once it has occurred in order to resume performance. 11.3. Neither party shall,be entitled to the benefit of the provisions of Force Majeure to the extent performance is affected by any or all of the following circumstances: (i)the curtailment of interruptible or secondary Firm transportation unless primary,in-path, Firm transportation is also curtailed,"(ii)the.party claiming excuse failed to remedy the condition"and to resume the performance of such covenants or obligations.witfi reasonable,dispatch;or(III)economic hardship,to include,without limitation,Seller's ability to sell Gas at a higher or more advantageous price than the Contract Price,Buyer's ability to purchase Gas at a lower or more advantageous price than the Contract Price ,or,a �eguiatory,agency disallowing, in whole or in part, the pass through of costs resulting from this Contract; (iv) the loss of Buyer's ma`rket(s) or"Buyer's inability to use or resell Gas purchased hereunder, except,in either case,as provided in Section 11,2;or(v)the loss or failure of Seller's gas:supply'or depletion of reserves, except,in either case,as provided in Section 1.1:2.. The party claiming<Force Majeure shall not be.excused from its responsibility for"Imbalance;,Gharges: 11 4 Notci#hstanding anything to the contrary herein, the parties"agree that the settlement of,strikes, is or other industrial'diiturbances shall be within the:sole discretion of the parry experiencing such disturbance. 11 5. The'party whose performance is preven#ed by Force'Majeure:must provide Notice to the other,party. Initial'NGfice may ., be given"orally; however,written NotlCe inith reasonably full;particulars of the event or"occurrence is requiretl"as soon as feasonably possible:>zUpon-providirjg written_Notice of Force,Majeure to the other party,the affeded�party will be relieved of its obligation,from the onset of the Force Majeure event,to make or accept delivery,of Gas,as applicable;to'th`extent and`for the duration of Force',Majeure; and neither party shall be deemed-to have#ailed in such"obligations to the other during such occurrence oi=event: 11;6. Noiwithstanding Sections"11.2 and 11.3,the parties may agree to alternative Force MaJeure`provisions in a Transaction Confirmation executed.ir?Writing by both;parties: SECTION`t2 < TERM This Contract maybe terminated on 30 Day's written Notice,but shall remain in effect until the expiration a&latest DeUvery,Period:of Wyk risaction(s) The rights of either party pursuant;to Section 7.6,Section 10,Section 13,the: bligations to make paymentt ereunder, and the'obligation,",Of',either parry to indemnify the other, pursuant"hereto shall survive the termination of:the t3;ase Contract or any transaction.' 21 SECTION 13 'LIMITATIONS ' FOR BREACH`OF ANY"PROVISION FOR WHICH,AN;EXPRESS REMEDY OR MEASURE OF DAMAGES_-,IS PROVIDED, SUCH EXPRESS REM"EDY OR' MEASURE ,OF� DAMAGES"SHALL BE THE SOLE AND EXCLUSIVE REMEDYr, A PAR TY'S,.IIABILITY HEREUNDER SHALL BE"LIMITED ASSET FORTH IN.SUCH PROVISION,AND ALL9THER REMEDIES,OR;"DAMAGES AT LAW OR IN EQUITY ARE,WAIVED. IF NO,,REMEDY 0R" )MEASURE OF DAMAGES 151 EXPRESSLY PROVIDED HEREIN`""OR IN A 14",S&ION, A'PARTY LIABILITY"SHALL 'BE LIMITED TO DIRECT ACTUALJ,,�DAMAGES 0 LY 'SUCH DIRECT:iACTUAL >, DAMAGES SHALL BE THE SOLE AND`�EXCLUSIVE REMEDY,AND ALL,OTHER REMEDIES OR DAMAGE&AT LAW OR iN EQUITY ARE WAIVED UNLESS EXPRESSLY HEREIN PROVIDED, 'NEITHER PARTY SHALL BE LIABLE,FOR CONSE(�UJ NTIAL, INCIDENTAL PUNITIVE;,:F,CEMPLARY,OR INDIRECT"DAMAGES, LOST PROFITS, OR OTHER BUSINESS';INTERRUPTION_ DAMAGES;,BY STATUTE.IN TORT OR'CONTRACT UNDER ANY INDEMNITY PROVISION OR OTHERWISE= IT IS THE INTENT`OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF"DAMAGES BE,WITHOUT REGARDSTO THE CAUSE'OR CAUSES'RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANYf?A 'TY,INWETHEIj SUCH NEGLIGENCE BE SOLE;JOINT OR CONCURRENT OR ACTIVE OR PASSIVE. TO THE. TENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE,LIQUIDATED;THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR.IMPOSSIBLE TO DETERM�NE, OR OTHERWISE OBTAINING AN ADEQUATE REMEDY ,IS INCONVENIENT AND THE ,DAMAGES . ;CALCULATED HEREUNDER CONSTITUTE AREASONABLE APPROXIMATION OF THE HARM OR LOSS, i I Copyright©2006 North American Energy Standards Board, Inc NAESB Standard 6.3.1 All Rights Reserved Page 10 of;1& September 5,2006 SECTION 14. MARKET DISRUPTION If a Market Disruption Event has occurred then the parties shall negotiate in good faith to agree on a replacement pricer for the Floating Price;(or on a method for determining a replacement price for the Floating Price) for the affected Day, and if the parties have not so agreed on or before the second Business Day following the affected Day then the replacement price for the Floating Price shall be determined within the next two following Business Days with each party obtaining, in good faith and from non- affiliated market participants in the relevant market, two quotes for prices of Gas for the affected Day of a similar quality and quantity in the geographical location closest in proximity to the Delivery Point and averaging the four quotes. If either party fails to provide two quotes then the average of the other party's two quotes shall determine the replacement price for the Floating Price. "Floating Price" means the price or a factor of the price agreed to in.the transaction as..being based upon,a specified index. "Market Disruption Event"means,with respect to an index specified fora transaction,any of the following events: (a)the failure of the index to announce or publish information necessary for determining the Floating Price; (b)the failure of trading to commence or the permanent discontinuation or material,suspension'of trading on the exchange or market acting as the index (c)the temporary or permanent discontinuance or unavailability of the index; (d)the temporary or permanent closing of any exchange acting as the index;or (e) both parties agree that a material change in the formula for or the method of determining the Floating Price ha''s occurred. For the purposes of the.6alculation of a replacement price for the Floating Price, all numbers shall be rounded to three decimal places. If the fourth decimal nUrrttier is five or greater,then the third decimal number shall be increased by one and if the fourth decimal number is less than five;then the third decimal number shall remain unchanged. SECTION 15. MIS.CELLANEOUS 15A. This Contract shall be binding upon and:inure:to the benefit of the successors,assigns,personal representatives,and heirs of the respective parties hereto, and.the covenants, conditions, rights and obligations of this Contract shall run for the full term of this Contract. No assignment of this`'Contract, to whole or in part,will be made without the prior written consent of the non-assigning party (and shall not relieve the assigning party from IIability hereunder),which consent will not be unreasonably withheld or delayed; provided, either party may(i)transfer,sell,pledge,encumber,or assign this Contract or the accounts,,revenues,or proceeds hereof in connection with any financing or other financial'arrangerrients;or(ii)transfer its interest to any parent or Affiliate by assignment,merger or otherwise i without the prior approval-of the other party. Upon any such assignment,transfer and assumption,the transferor shall,remain principally liab't i r'and shall not beirelieved of or discharged from any obligations hereuntler. 15 2: 1f'any provision in this Contract is determined'to be invalid, void or unenforceable by any,court having jurisdiction, such determination shall not invalidate,void,or make unenforceable any other prd., ision,agreement or coven ant,of;this Contra 15.3. N'o waiver of any breach of this Contract shall be Field to be a waiver of any other or subsequent breach. 15.4. This Contract sets forth all understandings between the parties respectingceach transaction subject hereto, and any prior contracts,understandings and representations,whether oral or written,relating to such ttansactions are merged into and superseded by his Contract and any°effective transact, This Contrapt m`ay be amended only by a writing executed`by both parties:, 1515. The interpretation and performance of this Contract shall be governed by theaaws of the jurisdiction as indicate"d'on.,the Base Contract;excluding however,any conflict Oflaws rule whioh.,would`apply the law of another-Jurisdiction; � 15.6.' This;Contractand all provisions herein willU'subtect to all applicable and valid statutes,rules,orders and regulations of any governmental authority having jurisdiction over the parties, tlteir facilities, or'Gas supply, this Contract or transaction or:any,provisions thereof. 15,7: There is no"third party beneficiary to this Contract. 15 8 Each party to_this Contract represents and warrants that it has full and complete authority to;enter into and perform this Contract Each person W�10 executes,this,Contract'on behalf of either parry represents and warrants that it has fullaand complete authority to do so ad thatsuch party will be bound thereby: 15 9. The headings and subheadings contained in tois Contract are-Used solely fot convenience and do riot constitute a'patt of this Coniraot;between theparties and shall not be usedto construe or interpretthe provisions of this Contract, 15.416, ; Unless the parties have elected on the Base Contract not to make this Section 15.10 applicable to this Contract,neither party shall disclose directly or jndire_ctly without the prior written,consent of the gther early the°terms of any transaction to a third party(other than.,,the=employees, lenders, royalty owners, counsel, accountants and other agents of=the party, or Iroil ii�e purchasers:of all or substantially all of a parts assets or ofany rights undeithl§ Contract, provided such persons shalt have,agreed to keep such terms confidential)'except(i)in girder tocomply with anyapplresbletaw,order,regulation;or e#rchange rule,(u)to,the.extent necessary for the enforcement of this Contract , (till to the extent necessary;to;implement any transactor,;(iv)to the.extertt`necessary' to=comply with a regulatory agency's repotting requirements including W riot limited to gas cost recovery,proceedings;or(v)to the extent such information is deove[ed�to such third`party for the sale purpose of calculating a published index.i each party sha0:notfy the other party-of any - - proceed rig of which d rs aware which may,result it disclosure of the terms of any transaction(other than as 06rmitted hereunder)-and use reasonable efforts to prevent or limit the disclosure: The eitistence of this,Contract is not subject to this conf idgnftlity obligat�orl:'t°Subject to Section f 3,the parties shall be entitled to all remedies available at law or in equityto"enforce, or seek.reliefm connection with this corifidentialiry obligaUon::The terms of any transaction hereunder shall be kept.confidentiat_by the partles:hereto for`'one•year from the expiration of the transaction: in the event that disclosure is required by a governmental body or applicable law, the party subject to such requirement may disclose the material terms of this Contract to the extent so required, but shall promptly notify the other party,;prior to disclosure, Copyright©2006 North American Energy Standards Board,Inc. NAESB Standard 6.3.1 All Rights Reserved Page 19 of 13 September 5,2006 and shall cooperate(consistent with the disclosing party's legal obligations)with the other party's efforts to obtain protective orders or similar restraints with respect to such disclosure at the expense of the other party. 15J 1. The parties may agree to dispute resolution procedures in Special Provisions attached to the Base Contract or in a "Transaction Confirmation executed in writing by both parties 15.12. Any original executed Base;Contract, Transaction Confirmation or other related document may be digitally copied, photocopied,or stored on computer tapes and disks(the"Imaged Agreement").The Imaged Agreement, if introduced as evidence on paper, the Transaction Confirmation, if introduced as evidence in automated facsimile form, the recording, if introduced as evidence in its original form, and all computer records of the foregoing, if introduced as evidence in printed format, in any judicial, arbitration, mediation or administrative,proceedings will be admissible as between the parties to the same extent and under the same conditions as other business records originated and maintained rin documentary form: Neither Party shall object to the .admissibility of the recording,the Transaction Confirmation,or the Imaged Agreement on the basis that such were not originated or maintained in documentary form. However,nothing herein shall be construed as a waiver of any other objection to the admissibility of such evidence: i DISCLAIMER: The purposes of this Contract are to facildate trade,avoid misunderstandings and make more debite the terms:of contracts of purchase and sale of natural gas, Further,NAESB doe$not mandate thdJuse of this Contract by any party. NAESB DISCLAIMS AND EXCLUDES,AND ANY USER OF THIS CONTRACT, ANf)AGREES,Tb NAESITS DISCLAIMER OF,ANY AND ALL WARRANTIES,.CONDITIONS OR REPRESENTATIONS,EXPRESS OtIMPLIED,ORAL OR,WRITTEN,WITH RESPECT TO THIS CONTRACT OR ANY PART THEREOF,INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE,NON-INFRINGEMENT,:MERCHANTABILITY,OR FITNESS OR SUITABILITY FOR I ANY PARTICULAR PURPOSE(WHEN-64 OR,NOT NAESB KNOWS,HAS REASON TO KNOW,HAS BEEN ADVISED,OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE);~WHE'THER ALLEGED TO ARISE BY LAW,BY REASON OF CUSTOM OR USAGE IN THE TRADE,OR BY COURSE OF DEALING. EACH USER OF THIS CONTRACT ALSO AGREES THAT UNDER NO CIRCUMSTANCES WILL NAESB BE LIABLE FOR ANY DIRECT,SPECIAL,INCIDI=NTAL,EXEMPLARY,PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THIS CONTRACT. i i i Copyright©2006 North American Energy Standards Board,Inc. NAESB Standard 6.3.1 All Rights Reserved Page 12 of 13 September 5,2006 TRANSACTION CONFIRMATION EXHIBIT A FOR IMMEDIATE DELIVERY Letterhead/Logo Date; Transaction Confirmation#: This Transaction Confirmation is subject to the Base Contract between Seller and Buyer dated The terms of this Transaction Confirmation are binding unless disputed in writing within 2 Business Days of receipt unless otherwise specified in the Base Contract, SELLER: BUYER: Attn: r Attn: Phone: Phone: Fax Fax:. Base Contract No-.. Base Contract No. Transporter: Transporter: Transporter Contract Number:", Transporter Contract Number I Contract Price: $ 7MMBtu or Delive'ryPeriod Begiri: End: Performance Obligation and Contract Quantity: (Select One) Firm(Fixed Quantity): Firm(Variable Quantity): Interruptible: MMBtus%day MMBtus/day Minimum Up to .MMBtus%day Li EFP MMBtus/day Maximum subject to Section 4.2.at election of 17 Buyer or n Seller;; Delivery PQirt(s): (If a poohngpolot is'used,list'a specifiC;geographioohd pipeline location): - SpeciaCConditions: ` rc Seller:; Buyer: By: By; Title: Title:. Date: Date: Copyright©2006 North American Energy Standards Board,Inc. NAESB Standard 6.3.1 All Rights Reserved Page 13 of 13 September 5,2006 SPECIAL PROVISIONS To NAESB Base Contract for Sale and Purchase of Natural.Gas Between ConocoPhillips Company ("COP") and City of Vernon ("City,) Dated August 1, 2014 1. Section 1.2 is deleted and replaced as follows: The parties will use the following Transaction Confirmation procedure. Any Gas purchase and sale transaction shall be effectuated in an electronic communication or telephone conversation with the offer and acceptance constituting the agreement of the parties. The parties shall be legally bound from the time they so agree to transaction terms and may each rely thereon. Any such transaction shall be considered a_"writing" and to have been "signed". Notwithstanding the foregoing sentence, the parties agree j that Confirming Party;shall, and the other party may, confirm a telephonic transaction by sending the other party a Transaction Confirmation by facsimile, EDI or mutually agreeable electronic means within three Business,Days of a transaction covered by this Section 1.2 (Oral Transaction Procedure) provided that the failure to send a Transaction Confirmation shall not invalidate the oral agreement of the parties. Confirming Party adopts its confirming letterhead; or the like, as its signature on any Transaction Confirmation as the identification and authentication of Confirming Party. If the Transaction Confirmation contains any provisions other than those relating to the commercial terms of the: transaction (i.e., price, quantity, performance obligation, delivery point, period of delivery and/or transportation conditions), which modify or supplement the Base Contract or General Terms and Conditions of this Contract (e.g., arbitration or additional representations and warranties), such provisions shall not be deemed to be accepted pursuant to Section 1.3 but must be expressly agreed to by both parties; provided that the foregoing shall not invalidate any transaction agreed to by the parties. Notwithstanding the above provision, COP will not be obligated to send a written Transaction Confirmation for transactions with a Delivery Period of less than five Days or wholly contained within the same Month in which the transaction is agreed to. The parties recognize that City will record the telephone conversations relating to all transactions "subject to this Contract, and COP agrees that such recordings will constitute evidence of the relevant trans,action(s), in accordance with Section 1.3(ii) hereof. 2. Section 2.10 is amended by adding the following sentence to the end of the section: "The Contract Price includes reimbursement to Seller for any production or severance taxes owed by Seller with respect to Gas delivered pursuant to this Contract." 3. Sections 3.3 and 3.4 are deleted: 4. A new Section 3.5 is added to the Contract. I Special Provisions Rev 7/13 Page 1 "At any time prior to noon Central Time on the last day of NYMEX trading in futures contracts for a Month, City may request COP to quote a Fixed Price to .apply to a transaction with a Delivery Period. during such Month either pursuant to an existing,transaction or a new transaction. A Fixed Price means a fixed price per MMBtu, a fixed price plus or minus a floating basis, or a NYMEX based price plus or minus a fixed basis. The parties'agreement to.a Fixed Price will be confirmed in the procedure described in Section. 1. If a Fixed Price is agreed to earlier than three Business Days prior to the close of NYMEX trading in,futures contracts for the Month of flow, then notwithstanding Section 11 in the event either party is unable due to Force Majeure from delivering or receiving any quantity of Gas subject to a Fixed Price, the following settlement shall be applicable: (i) if the Index Price exceeds the applicable Fixed Price, Seller shall pay Buyer for each MMBtu of Gas not delivered or received, an amount equal to the difference between the Index Price and the Fixed Price, and (ii) if the applicable Fixed Price exceeds the Index Price, Buyer shall pay Seller for each MMBtu of Gas not delivered or received an amount equal to the difference between the Fixed Price and the Index Price, For purposes of this Section, "Index Price" means the first of the month Index price published by Intelligence Press, Inc in NGI's Bidweek Survey or the first of the. month Index price published by Platts Inside Ferc Gas Market Report that most accurately reflects the market value of spot gas at the applicable Delivery Point, adjusted as appropriate for any ;location differentials or transportation costs between the Delivery Point and the location utilized in compiling the Index Price." 5. The third sentence of Section 6 is modified to read as follows: "If a party is required by applicable law to remit or pay Taxes that are the other party's responsibility hereunder, the party so required will comply with such collection and remission requirements, and the party responsible for such Taxes under this provision shall promptly reimburse the other party for such Taxes." 6. The following sentence is inserted at the end of Subsection 10.3.1: "In addition to all other amounts calculated hereunder; the Defaulting Party shall reimburse the Non-Defaulting Party for reasonable out-of-pocket expenses incurred by the Non-Defaulting Party in terminating and liquidating the Terminated Transactions and any related hedges, such as brokerage fees, commissions and other transactional costs, and expenses incurred by the Non- Defaulting Party during the occurrence and continuation of an Event of Default in connection with the enforcement or the preservation of its rights under this Contract." 7. Commodity Exchange Act'. COP represents that it is an Eligible Contract Participant as defined in the Commodity Exchange Act. Each party represents that it is a producer, processor, or commercial user of, or 'merchant handling Gas, or the products or by- products thereof, and that it is entering into this contract solely for the purposes related to its business as such. Each party represents that all transactions entered into pursuant to this Contract are intended to settle physically. 8. Section 15.12 of the Base Contract is amended by the adding the following: Special Provisions Rev 7/13 Page 2 Notwithstanding the foregoing; COP acknowledges that (a) City is a municipality subject to the requirements of the Brown Act and the California Public Records Act ("CPRA"), and (b) City may be required to disclose certain information regarding the terms of any transaction hereunder between the parties to the public as part of its approval process. If City receives a request for information concerning this Base Contract or the terms of any transaction hereunder between the parties under the CPRA, City will notify COP prior to the date of the required disclosure as to the nature of the request or requirement and City's interpretation of the applicable disclosure requirements. COP will have the sole obligation at its sole expense to seek a protective order or other appropriate remedy to prevent disclosure. 9. New section 15.13 Each Party was represented by legal counsel during the negotiation and execution of this Agreement. i j i i Special Provisions Rev 7113 Page 3 ofoo RECEIVED AUG 0 4 2014 POLICE DEPARTMENT CITY ADMINISTRATION 0�� 1 Daniel Calleros,Chief of Police G 4305 Santa Fe Avenue,Vernon, California 90058 Telephone (323)587-5171 Fax(323)826-1481 August 4, 2014 Honorable City Council City of Vernon Vernon, California Honorable Members: Attached are copies of the Vernon Police Department Activity Log and Statistical Summary of Arrest and Activities which cover the period from 12:01 a.m., July 16, , 2014 up to and including midnight of July 31, 2014. Respectfully submitted, VERNON POLICEDEPARTMENT DANIEL CALLEROS CHIEF OF POLICE DC/dr EaY, usivefy Industriaf VERNON POLICE DEPARTMENT Department Activity Report First Date: 07/16/2014 Jurisdiction: VERNON Last Date: 07/31/2014 Department Complaint All Units Primary Unit Type Description "1i''ba' o- rai {�� r1 �I r ,pry t ii i a'wt G }i tl tM bib t ^r ! �7�'j ';ak(�' Pw'1`P@ ( 10-6 OFFICER IS 10-6 C7,961,962,10-10,WASH, EQUIPN 93 87 10-96M 10-96 MARY(MAIL DETAIL) 4 4 140 SUPPLEMENTAL REPORT 1 1 20002 NON-INJURY HIT AND RUN 11 5 20002R NON-INJURY HIT AND RUN REPORT 5 4 211 ROBBERY 4 1 242R BATTERY REPORT 7 2 245R ASSAULT WITH A DEADLY WEAPON REPORT 5 2 261 RAPE 7 2 415 DISTURBING THE PEACE 6 3 422R TERRORIST THREATS REPORT 8 3 459 BURGLARY 11 2 459A AUDIBLE BURGLARY ALARM 183 94 459R BURGLARY REPORT 2 2 459V BURGLARY TO A VEHICLE 4 1 459VR BURGLARY TO A VEHICLE REPORT 9 3 470R FORGERY REPORT 2 1 476R FRAUD REPORT ; 2 1 484R PETTY THEFT REPORT 10 5 487R GRAND THEFT REPORT 7 6 586 PARKING PROBLEM 22 17 586E PARKING ENFORCEMENT 2 2 594 VANDALISM 8 2 594R VANDALISM REPORT 1 1 602 TRESPASS 9 6 901 UNKNOWN INJURY TRAFFIC COLLISION 1 1 901T INJURY TRAFFIC COLLISION 4 1 901TR INJURY TRAFFIC COLLISION REPORT 3 2 902T NON-INJURY TRAFFIC COLLISION 35 21 909C TRAFFIC CONTROL 1 1 909E TRAFFIC ENFORCEMENT 7 7 909T TRAFFIC HAZARD 7 3 911 911 MISUSE/HANGUP 3 2 911A CONTACT THE REPORTING PARTY' 13 6 917A ABANDONED VEHICLE 3 3 920PR LOST PROPERTY REPORT 2 2 925 SUSPICIOUS CIRCUMSTANCES 28 9 A245 ATTEMPT ASSAULT WITH A DEADLY WEAPON 1 1 A459 ATTEMPT BURGLARY 5 1 A459R ATTEMPT BURGLARY REPORT 1 1 AB109 PROBATION/PAROLE COMPLIANCE CHECKS 1 1 ASTVFD ASSIST VERNON FIRE DEPARTMENT 28 14 BOVEH BROKEN DOWN VEHICLE 18 12 CITCK CITATION CHECK 16 15 CIVIL CIVIL MATTER 1 1 COP COP DETAIL 3 3 DET DETECTIVE INVESTIGATION 17 8 DETAIL DETAIL 12 6 0810412014 06:41:06 Page 1 of 2 VERNON POLICE DEPARTMENT Department Activity Report First Date: 07/16/2014 Jurisdiction: VERNON Last Date: 07/31/2014 Department Complaint All Units Primary Unit Type Description �� p 24 a�ty�..�� �x DPTAST DEPARTMENTAL ASSIST 11 4 DUI DRIVING UNDER THE INFLUENCE 4 2 FILING OFFICER IS 10-6 REPORT WRITING 38 33 FOUND FOUND PROPERTY REPORT 2 2 FU FOLLOW UP 15 10 GTAR GRAND THEFT AUTO REPORT 6 3 HBC HAILED BY A CITIZEN 16 10 ILLDPG ILLEGAL DUMPING 3 3 JAILPANIC TEST THE JAIL PANIC ALARM BUTTON 6 6 LOJACK LOJACK HIT 1 1 LPR LICENSE PLATE READER 7 3 NSF INSUFFICIENT FUNDS REPORT(476 PC) 2 1 PANIC ALARM PANIC ALARM/DURESS ALARM 3 1 PAPD PUBLIC ASSIST-POLICE 14 12 PATCK PATROL CHECK 65 47 PEDCK PEDESTRIAN CHECK 27 12 PLATE LOST OR STOLEN PLATES REPORT 2 1 PRSTRAN PRISONER TRANSPORTED 12 10 RECKLESS DF RECKLESS DRIVING(23103) 4 3 REPO REPOSSESSION 5 4 RR RAIL ROAD PROBLEM 4 3 SEAACA SEAACA ANIMAL CALLS' 1 1 SHOTS SHOTS 4 1 SPEED SPEED CONTEST OR SPEEDING(23109) 3 1 TEST TEST CALL 3 3 TRAFFIC STOI TRAFFIC STOP 212 174 UNATTACHED UNATTACHED TRAILER 1 1 VCK VEHICLE CHECK 41 32 VEH RELEASE VEHICLE RELEASE 21 14 WARRANT WARRANT ARREST 5 3 WELCK WELFARE CHECK 16 7 Department: 1187 786 Overall: 1187 787 08/04/2014 06.41:06 Page 2 of 2 VERNON POLICE DEPARTMENT Police Activity Report Period Ending: 07/31/14 TRAFFIC COLLISIONS NO. PROPERTY RECOVERED TOTAL 10 VEHICLES: $5,000.00 WON-INJURY 7 INJURY 3 Pedestrian Fatalities City Property Damage 1 Hit&Run(Misdemeanor) 4 Hit&Run(Felony) Persons Injured 5 VEHICLES STORED PROPERTY_RECOVERED FOR Unlicensed Driver 36 OTHER DEPARTMENTS Traffic Hazards VEHICLES: $0.00 Abandoned/Stored Vehicle 11 CITATIONS Citations Iss (Prisoner Release) 13 Citations Iss (Moving) 132 Citations Iss (Parking) 14 Citations Iss (Total) 146 Hazardous 75 Non-Hazardous 53 Other Violations 4 CASES CLEARED BY ARREST AR14-224 CR141195 245(A)(1)PC AR14-227 CR1-41294 11364 HS AR14-228 CR141302 496(A)PC AR14-232 CR141322 503 PC AR14-235 CR141348 484(A)PC AR14-237 CR141359 594(A)(1) PC VERNON POLICE DEPARTMENT REPORT FOR PERSONS ARRESTED PERIOD ENDING 07/31/14 ADULT FELONY ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL ASSAULT WITH A DEADLY WEAPON 1 1 BURGLARY DOMESTIC VIOLENCE EMBEZZLEMENT 1 1 GRAND THEFT IDENTITY THEFT POSS. CONTROLLED SUBS. POSS. STOLEN PROPERTY 2 2 RAPE ROBBERY STALKING VEHICLE THEFT TOTAL FELONY ARRESTS 1 4 1 0 1 4 ADULT MISDEMEANOR ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL ASSAULT/BATTERY DRIVING W/ SUSPENDED DL DRUNK DRIVING DRUNK IN PUBLIC PETTY THEFT 1 1 POSS. NARC. PARAPHERNALIA 1 1 RECKLESS DRIVING SEXUAL BATTERY VANDALISM 2 2 WARRANTS (BENCH/TRFC) 9 9 WARRANTS (FOREIGN) 1 1 TOTAL MISD. ARRESTS 13 1 14 JUVENILES DETAINED --- FELONY AND MISDEMEANOR MALE FEMALE TOTAL CURFEW (VMC PETTY THEFT POSS. STOLEN PROPERTY VANDALISM VEHICLE THEFT TOTAL JUVENILES DET. 0 0 1 0 TOTAL FELONY ARRESTS (ADULT)TO DATE: 80 TOTAL MISDEMEANOR ARRESTS (ADULT)TO DATE: 156 TOTAL JUVENILES DETAINED (FELONY AND MISDEMEANOR)TO DATE: 4 TOTAL ARRESTS AND DETAINED JUVENILES (FELONY AND MISDEMEANOR)TO DATE: 240 i�4rk,; rRil cq V �* 14 O � � i s �IiiII� >lyi 1�jhr d 'Ak , M (0 V _ ,� M O '� "' Lb It do 0 0 0 o: oo Ho' o ro o �o 00 k o- '� o �+'o M 'w�'M, k ►�M F k�.''M S'M '0 d n ti a ram , P+, k N. 1111 m• s i1 mRill' ti�m' o, �o O � r¢ a � Qo ¢ • ' d N — r0 M �' N � A ��� I ' R04 cv O 1 v O � O �:Ot I * x CI 0) o _ o - cod , r b� O o 0 0 o ; �i vgg-g CO o I Ct e3 e2 k�y s raoInga,o' _ o� Rra ago: r . � )"7w D d a mta w A> M A> A>= A> A�� 01 W' O O O O rmIN O i ' a LU A, W > 3 I > Q Z' Z 4 = W r >O : �.� 01, yyuj Z,LU W 6 � Z Z ( Z Z - �. � > W V- Q ri �It lei! _ LJJ r Q W r N W PE W 1� o o! IR,W.F.. N Q j O h Z p ( Z N N,i V1 m d' W ,O . 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Aj. i 1 W •v. s H N N go W r W FO 0 o Q =o 0 ofo IN ull Z o � r 0� z _ f n. •-� WMID >. x 2 ` 0 _ O a o a ,3 am"aa w � O o LL' 4Q' Q rt fZ > •p r•O b' N, ��N° tire€ lRi < a p ;O C AC; Ga e0; srNf ® le RECEIVED �� ° AUG 1 2014 0 5� ,1 � � �� GS��ELY 1NOJ 1 ,Spj�\CE CITY ADMINISTRATION c�mc�v�� STAFF REPORT VERNON POLICE DEPARTMENT DATE: August 19, 2014 TO: Honorable Mayor and City Council FROM: Daniel Calleros, Police Chief RE: Donation to the Los Angeles School Police Department Explorers Program Recommendation It is recommended that the City Council 1. Find that approval of the proposed donation to the Los Angeles School Police Department (LASPD) Explorers Program is exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. 2. Authorize the donation of unused First Aid Responder Kits to the.LASPD Explorers Program that will be"used for educational and training purposes. It is further recommended that the City Council find that the donation serves a municipal purpose. Backqround The LASPD Explorers program is structured to provide young men and women the academic and technical training needed to become future law enforcement officers. In addition, Explorers receive basic training in areas related to first aid and emergency preparedness. Law enforcement programs of this nature rely not only on financial contributions, but also donations of training equipment. Donated equipment is used in course lectures and allows Explorers to train and work with actual field equipment and supplies. LASPD is seeking to use the first aid kits during training exercises provided to Explorers. The Vernon Police Department (VPD) purchased the First Aid Responder Kits in October 2008 at a cost of $180.00 per unit. The kits have a shelf-life of 5-years and are not suitable for patrol deployment purposes. However, the kits could be used for demonstration and educational purposes. The items requested for donation are as follows: 5-First Aid Responder Kits with related supplies The proposed donation to the LASPD Explorers program will serve as a municipal purpose given that the kits will be used by a local law enforcement agency to provide training to individuals seeking a law enforcement career within the Southeast region. LASPD Explorers program coordinators will provide the City of Vernon with a donation acceptance letter and a Release of Liability form upon receiving any donation from the city. Fiscal Impact There is no market value for the equipment; therefore we could not attain an actual cost. RECEIVED 1 AUG 0 6 2014 AUG ® 7 2014 CITY ADMINISTRATION C11Y CLERK'S OFFICE STAFF REPORT COMMUNITY SERVICES & WATER DEPARTMENT DATE: August 5,2014 TO: Honorable Mayor and City Council PREPARED BY: Anthony Zarate,Permit Technician APPROVED BY: Samuel Kevin Wilson,Director Public Works,Water&Development Services RE: JULY 2014 BUILDING DEPARTMENT REPORT Enclosed herewith is the Monthly Building Report for July 2014.Thank you. City of Vernon Building Department Monthly Report-Prior Year Comparison-July, 2014 TFLT INL ` Type Value # of Permits Electrical $880,650.00 13 Industrial -Remodel $721,500.00 8 Mechanical $87,050.010 6 Miscellaneous Permit $565,400.00 17 Plumbing $34,200.00 5 Roofing $590,158.00 3 July 2014 TOTALS $2,878,958.00 52 PREVIOUS MONTHS TOTAL $37,426,243.00 343 YEAR TO DATE TOTAL $40,305,201.00 395 July 2013 TOTALS $3,530,063.00 64 PREVIOUS MONTHS TOTAL $19,766,673.00 321 PRIOR YEAR TO DATE TOTAL $23,296,736.00 385 Samuel vin Wilson Director of Public Works, Water&Development Svcs. of`F City of Vernon Building Department Major Projects for the Month of July 2014 Project Address Tenant Description Job Value Industrial-Remodel 6011 Malburg Way Fjb Holdings,Inc. 313 sf boiler room addition 2,695 sf 110,000.00 APN 6310-027-044 concrete pad addition 3294 26th St Soex Build.2,194 sq.ft.of mezzanine 42,000.00 APN 5169=033-018 3305 Bandini Blvd Nature's Produce Addtion of office TI to existing structure 546,000.00 APN 6303-001-005 3 Record(s) $698,000.00 Miscellaneous Permit 6011 Malburg Way Geogreen Biofuels Ilia Stripping column support platform 100,000.00 APN 6310-027-044 4810 Everett Ave Sprint PCS/Nextel Addition of antennae,RRH's,cable, 20,000.00 APN 6304-025-008 equipment to existing monopole 5375 Boyle Ave Amb Vernon Industrial Park Llc Installing"I"beams above filter presses 46,650.00 APN 6310-009-020 for the use of hoists 4401 Downey Rd Golden West Food Install structural column and beams 50,000.00 APN 6303-017-008 4889 :Loma Vista Ave Winkler Plastic LLC Extrusion plant-strutural plans 60,000.00 APN 6304-025-030 3055 Bandini Blvd Superior Lithographics 403KW Roof mounted solar array,grid 97,000.00 APN 6303-002-014 tied(1344)modules&(12)inverters. 2900 Sunol Dr Bodycote Thermal Processing Inc. 3 new pad footings for equipment 20,000.00 APN 6304-001-005 4826 Santa Fe Ave Paper Source Addition of crane 34,000.00 APN 6308-007-012 4240 Bandini Blvd Packaging Corporation Of America Equipment foundation and truss repair 73,250.00 APN 6304-004-011 9 Record(s) $500,900,00 Roofing 4505 Bandini Blvd Classic Concepts Re-roof and replacement of smoke vents 498,158.00 APN 5243-017-012 3055 Bandini Blvd Superior Lithographics T/O install now apply built up roof 80,000.00 APN 6303-002-013 2 Record(s) $578,158.00 14 Permits Total Valuation: $1,777,058.00 Ail Samuel vin is i Director of Pub is Works,Water&Development Svcs. Page 1 of 1 CITY OF VERNON BUILDING DEPARTMENT CERTIFICATES OF OCCUPANCY (NEW BLDGS.) MONTH OF JULY 2014 NONE Samuel Ke ' ijjV06 Director of Public Works, Water& Development Services i CITY OF VERNON BUILDING DEPARTMENT DEMOLITION PERMITS MONTH OF JULY 2014 NONE s Samuel Ke&,iin so Director of Public Works, Water& Development Services CITY OF VERNON BUILDING DEPARTMENT STATUS OF CERTIFICATES OF OCCUPANCY REQUESTS MONTH OF JULY 2014 REQUEST FOR INSPECTION 17 APPROVED 15 PENDING 202 TEMPORARY OCCUPANCIES 18 Samuel Kevin MsonV Director of Public Works, Water& Development Services t 0 co O W O 0 M N d O O W t� 'r co O 00 O 0 OD w d N O (n O O O M (n 00 00 O LL N (00 N N t N (N N � d 7 fd Q d U 0 0 o O o 0 o O O O 0 0 o O o 0 0 0 0 o O o 0 d o 0 o ui o 0 0 0 of Oi ui O OD N M W M N 0 00 W N N t N It N N 00 M (0 co O N N LL 0 N C C O E c N V! 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Z O O O O IL0 0 0 O LU N _ 0 0 0 0 U N o- N N N N E 00 W O a O 0 O O- r r O U RECEIVED ® r� AUG 13 2014 11 n, CITY ADMINISTR TION STAFF REPORT COMMUNITY SERVICES & WATER DEPARTMENT Eng DATE: August 19,2014 TO: Honorable Mayor and City Council PREPARED BY: Vincent A. Rodrigu2, irector blic Works Project Coordinator APPROVED BY: Samuel Kevin Wils of Community Services & Water RE: Encroachment License Agreement No. 417—Univar USA, Inc. Recommendation It is recommended that the City Council: 1. Find that the approval of the Encroachment License Agreement is exempt under the California Environmental Quality Act (CEQA), in accordance with (a) CEQA Guidelines Section 15061 (b)(3), the general rule that CEQA only applies to projects, which have the potential for causing a significant effect on the environment. Also find that this project is categorically exempt under CEQA Guidelines Section 15308, "Actions by Regulatory Agencies for the Protection of the Environment"; Class 8 consists of actions taken by Regulatory Agencies, as authorized by state of local ordinance, to assure the maintenance, restoration, enhancement,.or protection of the environment where the regulatory process involves procedures for protection of the environment; and 2. Approve Encroachment License Agreement No. 417 between the City of Vernon and Univar USA, Inc. in substantially the same form as submitted herewith. Background The State of California Department of Toxic Substances Control (DTSC) is requiring Univar USA to install ground monitoring wells. Univar USA, Inc. has requested the City issue an Encroachment License Agreement for the installation, development, surveying, gauging, and sampling of four (4) groundwater monitoring wells on East 26th Street near Indiana Street within the City of Vernon. The wells will be utilized for gauging and sampling groundwater on a quarterly or semi-annual basis for a period of up to approximately ten (10) years to determine if the groundwater contains any contaminants caused by Univar's operations located at 4256 Noakes Street, Commerce; CA 90040. The proposed wells would be drilled directly into 26th Street. Each well would have a diameter between 8 and 10 inches. Three of the wells will be 156 feet deep; the fourth will be 201 feet deep. City staff has prepared Encroachment License Agreement No 417 between the City of Vernon and Univar USA, Inca The term of this license is ten (10) years from the effective date unless sooner terminated. Univar USA, Inc. has indicated its acceptance of the License Agreement by properly executing the document prior to its submission to the Council for consideration. The City Attorney's office has reviewed and approved the Encroachment License Agreement as to form. Fiscal Impact The City is to be paid $20,000 prior to the issuance of the license. Each year thereafter the licensee must pay the City$5,000, which amount is to increase based upon adjustments to the Consumer Price Index. All required fees have already been deposited with the City,along with a $40,000 surety bond. VAWskw REVOCABLE ENCROACHMENT LICENSE AGREEMENT NO. 417 This Revocable Encroachment License Agreement("License") is entered into on ,2014 ("Effective Date"), between THE CITY OF VERNON, a chartered municipal corporation of the State of California, as Licensor("City") and Univar USA Inc., a Washington Corporation, ("Licensee"), (collectively"Party"or"Parties"). NOW THEREFORE,the Parties do hereby agree to the following terms and conditions: 1.0 Grant of License. 1.1 Subject to the right of City to revoke this License as set forth herein, City hereby grants to Licensee and its employees, contractors, subcontractors, agents, representatives and assigns a License to encroach upon City's public rights-of-way or property (collectively, "City Property") for the purpose of construction,maintenance, repair and abandonment of four groundwater monitoring wells ("Monitoring Wells") in the approximate locations shown, and as described, in Exhibit"A," attached hereto and by this reference incorporated herein ("Work"). Licensee hereby certifies that the descriptions and drawings in Exhibit"A" are true, complete and accurate,provided,however,that minor changes to the locations and specifications for the Monitoring Wells may be necessary based on field conditions. Upon completion, Licensee shall provide City with a complete and accurate as-built plan of the Work. This License is granted subject to the terms and conditions set forth in the Code of the City of Vernon, Chapter 22, Article VI ("Code"), and the acceptance hereof shall evidence Licensee's agreement to all terms and conditions of said Code and the additional conditions contained herein. 1.2 The grant of this License shall be further conditioned as set forth in Exhibit"B," Special Application Requirements and Conditions of Approval, attached hereto and by this reference incorporated herein. t 1.3 Licensee shall not commence the Work until Licensee has first obtained a permit o do so. Permit applications must be submitted in accordance with the provisions of City's policies, procedures, and rules. 1.4 Licensee is hereby given notice of existing state law, Sec.4216 et seq., Chapter 3.1,Division 5,Title 1 of the Government Code, which requires owners of underground facilities to join a regional notification center (e.g.Underground Service Alert of Southern California); requires contractors to contact such a regional notification center prior to excavation; requires facility owners to mark their underground facilities when notified; and sets civil penalties for failure to comply therewith. Prior to construction, Licensee shall contact Underground Service Alert of Southern California or a similar utility location service to verify the location of existing underground facilities. 1.5 This License is valid only for the purposes specified herein. 1 2.0 Term. The term of this License shall be for a period often(10)years from the Effective Date unless sooner terminated as provided in this License. 3.0 Fees. 3.1 Licensee shall pay to City a one-time issuance fee of Twenty Thousand Dollars ($20,000.00), prior to the issuance of the License("Issuance Fee"). 3.2 Licensee shall also pay to City an annual renewal fee of Five Thousand Dollars ($5,000.00) ("Annual Renewal Fee")payable each year during the term of the License on or before the anniversary of the Effective Date. The Annual Renewal Fee shall be increased annually to account for inflation based on the Consumer Price Index for All Urban Consumers ("CPI-U") for the Los Angeles-Anaheim-Riverside Metropolitan Area,published by the Bureau of Labor Statistics,U.S. Department of Labor. If, for any reason,the CPI-U is not published or is not available, a similar index may be substituted at the City Manager's discretion. The increased fee shall be rounded to the nearest one dollar. Said CPU-U increase shall begin on the first anniversary of the Effective Date of this License provided, however, that notwithstanding any CPI-U,there shall be no reduction in fees by operation of this provision. 4.0 No Interests in City Property. 4.1 No Right,Title or Interest. The permission granted hereunder shall not in any event constitute an easement on nor an encumbrance against the City Property. No right,title or interest in the public right-of-way, or any part thereof, shall vest or accrue in Licensee by reason of this License or the issuance of an excavation permit, encroachment permit or exercise of any privilege given thereby. 4.2 Possessory Interest. The Parties agree that no possessory interest is created by this License. However,to the extent that a possessory interest is deemed created by a governmental entity with taxation authority, Licensee acknowledges that City has given to Licensee notice pursuant to California Revenue and Taxation Code Section 107.6 that the use or occupancy of any public property pursuant to this License may create a possessory interest which may be subject to the payment of property taxes levied upon such interest. Licensee shall be solely liable for, and shall pay and discharge prior to delinquency, any and all possessory interest taxes or other taxes levied against Licensee's right to possession, occupancy, or use of any public property pursuant to any right of possession, occupancy, or use created by this License. 5.0 Compliance With All Laws. Licensee shall comply with all applicable federal, state and local laws at all times including but not limited to those issued by City.No repair or construction shall be performed except in accordance with the provisions of the Code pertaining to encroachments to the extent they are not in conflict with any paramount authority of the State or Federal Government. 6.0 Work Standards;Repairs. 2 6.1 The Work shall be done in a good and skillful manner, subject to the supervision and satisfaction of City. The Work shall comply with all standards imposed by City and be conducted with the least possible hindrance or interference to the City Property. 6.2 Licensee shall promptly repair and restore, at Licensee's sole cost and expense, any damage to the City Property caused by the Work, including but not limited to subsidence, cracking, erosion, collapse,weakening, or loss of lateral support resulting from excavation, shoring or underpinning, as directed by City. 7.0 Abandonment. 7.1 At City request, Licensee shall at its sole expense, abandon,without cost or expense to City, any or all of the Monitoring Wells, if and when such Monitoring Well(s)may be deemed by City to be detrimental to the public health, safety, or welfare; is/are in conflict vertically and/or horizontally with any proposed City installation; interfere(s)with any City construction project; or made necessary by any abandonment, change of grade, alignment or width of any street, sidewalk or other public facility, including the construction, maintenance, or operation of any other City underground or aboveground facilities including but not limited to any sewer, storm drain, conduits, gas,water, electric or other utility system, or pipes owned by City or any other public agency,provided however that Licensee shall not be required to bear the expense of any abandonment requested by the City on behalf of, or for the benefit of, any third party. 7.2 If Licensee is required to abandon one or more Monitoring Well(s)pursuant to Section 7.1, City shall cooperate with Licensee to determine a mutually acceptable location on City Property where Licensee may relocate said Monitoring Well(s). In the event Licensee relocates the Monitoring Well(s)to a new location as set forth in this Section 7.2,the terms of this License will apply to the Work at the relocated Monitoring Well(s)unless the Parties mutually agree otherwise. Licensee will not be required to pay an Issuance Fee for the relocated Monitoring Well(s), and the Annual Renewal Fee payment cycle shall not be modified as a result of the relocation of the Monitoring Well(s). 7.3 If Licensee is required to abandon one or more Monitoring Well(s)pursuant to Section 7.1,the abandonment shall be completed within sixty(60) days of a written request by City unless exigencies dictate a shorter period for abandonment and/or relocation, and such shorter period is stated in the written request. Such shorter time period shall be no less than fifteen(15)days. If Licensee has not complied with such written request for abandonment within said sixty(60)days or other longer time limit as provided by City,then City may cause the abandoning work to be done at Licensee's own cost and expense. 7.4 In the event Licensee abandons one or more Monitoring Well(s), it shall be abandoned per Code of the City of Vernon, Chapter 25, Section 25.27-Destruction of Water Wells, or as that section may subsequently be amended, except that the well casing shall be removed to a depth of twelve (12) feet below the ground surface. 7.5 In the event of an emergency, City may abandon the Monitoring Wells at Licensee's own cost and expense without prior notice to Licensee,provided City makes an effort to notify Licensee first, and City notifies Licensee within a reasonable period thereafter. 3 7.6 In the event Licensee fails to perform any of its obligations under this License within a reasonable period after delivery of written notice of such failure and City performs any work necessary to fulfill such obligations,City shall only be obligated to perform such work in a manner consistent with the standard practices of City in performing street work and construction. City shall not be obligated to repair or replace any materials or improvements in a form or manner consistent with Exhibit"A,"or any plans and specifications, and City shall not be responsible for any damages to Licensee as a result of City performing such work, including,but not limited to, severance damages. 8.0 Termination,Abandonment, Default. 8.1 Either Party may terminate this License at any time by thirty(30)days written notice of said termination to the other Party. 8.2 In the event that Licensee fails to utilize the City Property under this License for a consecutive period of six months from the date of this License regardless of whether the Monitoring Wells have been installed, City may notify Licensee in writing of its intent to terminate the License due to abandonment. If Licensee does not respond to said notice within thirty(30) days, City shall have the right, at its sole discretion,to declare this License terminated by abandonment. 8.3 In the event Licensee defaults, or fails to keep, fulfill or perform any of the terms or conditions of this License and fails to remedy such default within a reasonable period after delivery of written notice from City of such default or failure, City may declare this License terminated.Upon such a declaration of termination and failure to remedy such default,this License shall be cancelled and all of the rights and privileges of Licensee under this License shall be surrendered. 8.4 Upon termination for any reason City may require Licensee to abandon the Monitoring Wells and restore the City Property according to the requirements of Licensee's permit and the Code, or if City so elects, Licensee shall abandon the Monitoring Wells to the ownership of City without the payment of any compensation. Any abandonment conducted by Licensee under this Section 8.4 shall be completed within sixty(60) days of the effective termination date of this License. Should Licensee neglect to restore the City Property in accordance with this Section 8.4, City may perform such work or have such work performed, and Licensee shall reimburse City for all costs of the work so performed upon receipt of a statement therefor. 9.0 Performance Bond. 9.1 The grant of this License is effective only upon further consideration that Licensee shall file with and shall thereafter at all times during the remaining term of this License keep on file with the City a faithful performance bond payable to the City in the sum of Forty Thousand Dollars ($40,000.00)with a good and sufficient corporate surety approved by the City. The performance bond shall state that Licensee shall well and truly observe, fulfill, and perform each term and condition of this License and that in case of any breach of conditions of this 4 License,the whole amount of the penal sum therein named shall be deemed to be liquidated damages, and shall be recoverable from the principal and sureties upon the bond. The amount of said bond may be subject to an increase in accordance with the CPI-U cited in Section 3.2 herein. 9.2 Such bond shall be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the surety company. If the bond is 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 shall be acknowledged by a Notary Public as the signature of the person designated in the power of attorney. 9.3 The surety on the bond furnished must be satisfactory to the City and must: (i)be an admitted surety insurer under the laws of the State of California; (ii)hold a certificate of Authority from the U.S. Secretary of the Treasury under 31 U.S.C. as an acceptable surety on federal bonds; (iii)be listed in the latest edition of U.S. Department of Treasury Circular 570; and(iv) issue the bond within the surety's bonding limitations as set forth in Circular 570. Exception: A bond from a California admitted surety that is not listed in Treasury Circular 570 may be accepted by City provided said bond is accompanied by all of the documents enumerated in California Code of Civil Procedure Section 995.660(a). 10.0 Indemnification. 10.1 Licensee shall defend, indemnify and hold City, its officers, agents, employees, and representatives ("collectively, "City Parties,"and each individually a, "City Party")harmless from all suits and causes of action, claims, charges, damages, demands,judgments, civil fines, costs and expenses including reasonable attorney fees, and penalties or losses of any kind or nature whatsoever(collectively, "Claims"), arising out of this License. 10.2 This indemnification shall include,without limitation, all Claims that may arise directly or indirectly from the Work, including Claims for: (1) injury to or death of any person; (2) property damage; (3) performance or failure to perform the obligations in this License by Licensee, or its contractors, subcontractors, agents, employees, or other persons acting on Licensee's behalf; (4)the design,placement, maintenance, repair, or condition of the Monitoring Wells; (5) injury to or death of persons or damage to public or private property including environmental damage that arises from or is directly attributable to,the Monitoring Wells or any release of hazardous materials or contaminants from the Monitoring Wells during operations and/or after abandonment; provided,however,that this indemnification shall not include Claims arising out of and to the extent caused by the active negligence,willful misconduct or criminal acts of City Parties. 5 10.3 In the event that any City Party(ies) shall be made a party to any action due to Licensee's violation of this License or any federal,state or local laws including but not limited to Section 5 of this License, Licensee shall indemnify, defend and hold such City Party(ies) harmless from any and all Claims related to such action; provided,however,that Licensee shall not indemnify, defend or hold City Parties harmless from any Claims related to such action to the extent they arise out of or are caused by the active negligence, willful misconduct or criminal acts of any City Parties. 10.4 The provisions of this Section 10 shall apply regardless of whether City prepared, supplied,or approved plans or specifications or inspected any of the Work or improvements installed and constructed pursuant to this License. 11.0 Hazardous Materials. At no time during the term of this License or thereafter, shall City Parties be liable for any damages, including but not limited to remediation and clean up costs, caused by any release of hazardous materials or contaminants from the Monitoring Wells that may have occurred during Licensee's operations hereunder, and/or after abandonment, except to the extent caused by the active negligence, willful misconduct or criminal acts of City Parties. To the greatest extent of the law, Licensee shall defend, indemnify, and hold harmless City Parties from and against all Claims of any kind alleging injury to or death of persons or damage to public or private property including environmental damage claims, and that such injury, death or damage arises from, is directly attributable to, or is caused by the release of hazardous materials or contaminants from the Monitoring Wells during Licensee's operations hereunder and/or after abandonment("Environmental Claims"); provided, however,that Licensee shall not indemnify, defend or hold City Parties harmless from any Environmental Claims to the extent they arise out of or are caused by the active negligence,willful misconduct or criminal acts of any City Parties. 12.0 Limits of City Liability. 12.1 In no event shall City be liable under any theory to Licensee for any damage to the Monitoring Wells caused by any excavation or work performed by any other persons or by City at or near the location of the Monitoring Wells except and to the extent caused by City's active negligence,willful misconduct or criminal acts. City shall not be liable, under any theory, to Licensee for any indirect, special punitive or consequential damages including,but not limited to, any claim for loss of services. 12.2 Nothing in this License shall be deemed to make City or any officer or employee of City responsible or liable to Licensee or any other person by reason of City's approval of plans for the Work or by reason of any inspections of the Monitoring Wells conducted by City, except and to the extent caused by City's active negligence, willful misconduct or criminal acts. 13.0 Insurance. 13.1 Except as otherwise set forth in this License, Licensee shall assume all responsibility for damages to property or injuries to persons, including accidental death,which may arise from or be caused by Licensee's performance under this License, or by anyone 6 Licensee has directly or indirectly employed, and whether such damage or injury shall accrue or be discovered before or after termination of this License. 13.2 Prior to the issuance of this License, Licensee shall be required to secure and keep in full force and effect at all times during the term of this License, a policy or policies of commercial general liability and automobile liability insurance written by a company or companies authorized to do business within the state of California and approved by City. Said policies shall also name the City of Vernon, its officers, agents, and employees as additional insureds,under the policies in the following amounts which may be adjusted from time to time to reflect changes of circumstances and the rate of inflation: (1) Commercial General Liability Insurance in the amount of One Million Dollars ($1,000,000)per occurrence for personal injuries, including accidental death,to any one person; property damage insurance in the amount of One Million Dollars ($1,000,000), and combined single limit of insurance in the amount of Two Million Dollars ($2,000,000); and (2) Automobile Liability Insurance endorsed for all owned and non-owned vehicles with a combined single limit of at least Two Million Dollars ($2,000,000)per occurrence for personal injuries, including accidental death,to any one person; and for property damage. 13.2 All policies shall contain a"Severability of Interest" clause and a"Primary Coverage"clause for any loss arising from or caused in whole by Licensee's performance under this License. In addition, all policies shall contain a statement of obligation on the carrier's part to notify City at least thirty(30) days in advance of any policy cancellation,termination, or reduction in the amount of coverage. 13.3 Prior to the issuance of this License and on an annual basis, Licensee shall furnish City with a"certificate of insurance" and an"additional insured endorsement,"both documents countersigned by the insurance carrier or its authorized representative, on forms satisfactory to the Department of Risk Management,which set forth the above provisions. The countersigned certificate, along with the additional insured endorsement, shall state: "The City of Vernon, its officers, agents, and employees are named as additional insureds under this policy. This insurance is primary to the coverage of the City. Neither the City nor any of its insurers shall be required to contribute to any loss except as otherwise set forth in this License. This policy contains a severability of interest clause. The issuing company shall mail to the City a thirty(30) days advance notice of any policy cancellation,termination, or reduction in the amount of coverage." LICENSEE SHALL FURNISH THE REQUIRED CERTIFICATE(S) OF INSURANCE AND ENDORSEMENT(S)BEFORE CITY ISSUES THIS LICENSE. 13.4 Licensee shall secure and maintain workers' compensation insurance, as required by state law. 14.0 General Conditions. 7 14.1 Any right or power conferred, or duty imposed upon any officer, employee, department or board of City, shall be subject to transfer by operation of law to any other officer, employee, department or board of City. 14.2 This License is non-exclusive. The granting of this License or any of the terms or conditions contained herein shall not be construed to prevent City from granting over the route herein specified or elsewhere any identical, similar or other type of license or franchise to any person, firm or corporation other than Licensee. 14.3 Time is declared to be of the essence in implementing and enforcing the terms of this License. 14.4 This License is not intended for any third party's benefit and cannot be enforced by any third party. 14.5 The Parties understand and agree that execution and performance of this License does not constitute, and shall not be construed as, an admission of liability, fault, or responsibility of any Party. 14.6 If any action at law or in equity is brought to enforce or interpret the provisions of this License, the prevailing Party shall be entitled to reasonable attorney's fees in addition to any other relief to which he, she or it may be entitled. 14.7 The validity of this License and of any of its terms or provisions, as well as the rights and duties of the Parties hereunder, shall be governed by the laws of the State of California. 14.8 No provision herein made for the purpose of securing performance of the terms and conditions of this License shall be deemed an exclusive remedy, or to afford the exclusive procedure for the enforcement of this License's terms and conditions,but the remedies and procedures herein provided, in addition to those provided by law, shall be deemed to be cumulative. 14.9 This License is not transferable.Licensee shall not sell,transfer, assign or lease this License, or any part hereof, or any of the rights or privileges granted hereby. Licensee may not assign its duties hereunder, and may not assign its rights hereunder to any person or firm. 14.10 A waiver by City of any breach of any term covenant, or condition contained in this License shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this License whether of the same or different character. 14.11 All notices herein must be in writing and,unless otherwise provided herein, shall be deemed validly given on the date either personally delivered to the address indicated below; or on the third(3rd)business day following deposit, postage prepaid, using certified mail, return receipt requested, in any U.S. Postal mailbox or at any U.S. Post Office; or when sent via 8 facsimile to a Party at the facsimile number set forth below or to such other or further facsimile number provided in a notice sent to the other Party, on the date of transmission of that facsimile. Should City or Licensee have a change of address, the other Party shall immediately be notified in writing of such change,provided,however, that each address for notice must include a street address and not merely a post office box.All notices, demands or requests between the Parties shall be given to the other Party addressed as follows: City: Licensee: City of Vernon Mark Metcalf Department of Community Service Remediation Manager 4305 Santa Fe Avenue Univar USA Inc. Vernon,CA 90058-0805 17425 NE Union Hill Rd Phone: (323) 583-8811 Redmond,WA 98052 Fax: (323) 826-1438 Phone: (614) 981 -0005 Executed in this day of , 20_. CITY OF VERNON, a Municipal Corporation By: Mayor ATTEST: AP VED AS T F RM: ANA BARCIA, Deputy City Clerk Christina R. S sone,Esq. Sansone Law m Special Counsel to Cit r Date: 7-1 BY THE AUTHORIZED SIGNATURES SET FORTH BELOW,LICENSEE HEREBY ACCEPTS THE FOREGOING LICENSE AND AGREES TO PERFORM AND BE BOUND BY EACH AND EVERY TERM AND CONDITION HEREOF. LICENSEE: By: Signature: Print Name: Title: Signature: Print Name: Title: 9 facsimile to a Party at the facsimile number set forth below or to such other or further facsimile number provided in a notice sent to the other Party,on the date of transmission of that facsimile. Should City or Licensee have a change of address,the other Party shall immediately he notified in writing of such change,provided,however,that each address for notice must include a street address and not'merely a post office box.All notices,demands or requests between the Parties shall be given to the other Party addressed as follows: City: Licensee: City of Vernon Mark Metcalf Department of Community Service Remediation Manager 4305 Santa Fe Avenue Univar USA Inc. Vernon,CA 90058-0805 17425 NE Union Hill Rd Phone: (323) 583-88 1 Redmond,WA 98052 Fax: (323) 826-1438 Phone:(6'14)981 -0005 Executed in this_ ___day of , 20_. CITY OF VERNON,a Municipal Corporation By Mayor ATTEST- APPROVED AS TO FORM: ANA BARCIA,Deputy City Clerk Christina R. Sansone,Esq. Sansone Law Firm Special Counsel to City Date: BY THE AUTHORIZED SIGNATURES SET FORTH BELOW,LICENSEE HEREBY ACCEPTS THE FOREGOING LICENSE AND AGREES TO PERFORM AND BE BOUND' BY EACH AND EVERY TERM AND CONDITION HEREOF. LICENS�� By: �I(V! Signature: Skdc+aKl.asti.�ti Print Name: Title: , Per ^ T Signature: C�U/1c- e Print Name:5h a a/n l Title: ll h 614b 9 NOTE: Please type or print names below signatures. Signatures shall be notarized by acknowledgement. 10 NOTARIZATION SIGNATURE ONE ALL PURPOSE ACKNOWLEDGEMENT FORM State of No I'S ) SS• County of Qv tit e On Kat L( 20�,before me, �l lom Pih 7-(U mb1i,:, a Notary Nublic,personally appeared �'fP-V ke4"- N tidS ►���— 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. FILOOFFICIAL Y SEAL NO NOTARY PUBLIC-STATE OF ILLIN01S MY COMMISSION EXPIRES*9/14 Notary Public in and for said Wunty and State DESCRIPTION OF ATTACHED DOCUMENT: CAPACITY CLAIMED BY SIGNER: ENCROACHMENT LICENSE o-Individual o-California Limited Partnership o-Limited Liability Company o- Co-trustee(s) o-Other Number of Pages Date of Document 11 NOTARIZATION SIGNATURE TWO ALL PURPOSE ACKNOWLEDGEMENT FORM State of 7s✓�) )SS. County of ei r ) Y1( On 20_14-,before me, Vl �� ,a Notary ublic,personally appeared 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 St orna that the foregoing paragraph is true and correct. JkKE( , yg�ON 'p%, WI ESS my hand and official seal. ;*o ��pa Y x 0a dA�'rG s j Notary Public 01 `• in and for said County and State q000000. 0•�•gZ'� DESCRIPTION OF ATTACHED DOCUMENT; CAPACITY CLAIMED BY SIGNER: ENCROACHMENT LICENSE o-individual o-California Limited Partnership o-Limited Liability Company o-Co-trustee(s) o-Other Number of Pages Date of Document 12 EXHIBIT"A" Description and Map of Work 13 P:\00-Univ Bonnie Beach\Draft Re ort-July Thru Dec 2013\Fi ures Vemon\Fig A_GW Well Loc.dwg,File date:2/10/2014 3:41 PM,Print date:2/10/2014 3:47 PM by:Wagner,Scott gc moxikAl i D k' 1 ,t s t� r yy t h i .'�".. bgW k � my � r ® ® r rN O 3 py O0 SO m . ter= 3N Z_ m� m Z - DN 3omc =�0 zo w p = Z Z Z Gm 'q> mp p mo FO mm m" z, C o rA. 000 p-0 70 0 0 0P D-q 0 m 0 0 Drn m�z �O D m oc OmO r-0 m 0 4m ZEq rp m m Q m o C D m O 0 EXHIBIT"B,, Exhibit B City of Vernon Special Application Requirements and Conditions of Approval Monitoring.Wells A Revocable Encroachment License from the Director of Community Services shall be required before commencing any monitoring well activity including but not limited to: drilling, digging, excavating,boring, or deepening a monitoring well for any purposes including but not limited to groundwater sampling,vapor extraction,water level monitoring; general maintenance; new well installation, modification, abandonment or destruction.An annual monitoring well encroachment permit must be issued for ongoing monitoring well operations, maintenance, and repairs. Application Requirements: Applicant shall provide the following with its application for a Revocable Encroachment License: (1) A letter from the lead government agency that is overseeing the monitoring well project. The letter shall state: (a)the purpose for the monitoring well activities proposed; (b)the activities are required by the agency, and(c)the monitoring well activities within the public right-of-way are required.Examples of such lead government agencies include, but are not limited to,the Regional Water Quality Control Board.(RWQCB), State Department of Toxic Substances Control(DTSC), and the United States Environmental Protection Agency(EPA). (2) The lead government agency's case number or project identification,number for the monitoring well project: (3) Full contact information of the lead government agency's project manager which shall include but not be limited to said project manager's full name, address,.phone number, fax number, and email address. (4) Total well depth(s) and diameter(s). (5) The average depth of the water table below ground surface. (6) Site map detailing all well and boring locations for the entire project. (7) Traffic control plan, if required by City: (8) Applicable technical reports describing the.monitoring project,including the purpose,the work to be done using the well, and how long will the well remain in place. (9) A vertical shaft design specification. If the vertical shaft is temporary, also provide well destruction procedure or backfill procedure. 14 (10) Any other permits and documents issued by other governmental agencies applicable to the monitoring project Conditions of Approval (1) Written notification shall be provided to property owners within 300 feet of to proposed well, indicating the nature of the activity to be conducted at the proposed well site. A copy of said notification shall be submitted to City prior to obtaining a permit for construction of the well(s). (2) Licensee shall notify City's inspection unit at least 24 hours prior to excavation and again 24 hours prior to installation of final A.C.hot patch, if required.Any work undertaken without benefit of inspection will be subject to removal and reinstallation at Licensee's expense: (3) All monitoring wells shall have a durable identification tag secured onto the well cap and interior of the well to provide at a minimum the following: a.Name and phone number of firm maintaining the well(s). b.Designation of well(s). c.Date of installation of well(s). d. Ownership of well(s). e. Emergency contact information. (4) Licensee shall ensure that the monitoring well(s)has the proper sanitary seal and lid. (5) Licensee shall provide a minimum of five (5) feet horizontal clearance from any water or sanitary sewer lines. (6) The installation or destruction of the monitoring well shall be done by a licensed well contractor. (7) For long-term monitoring wells, an Annual Encroachment Permit will.be required. The Annual Permit is renewable at the anniversary of the permit.Permit renewal must be filed before the current permit is expired. The reason for the renewal should be stated in the permit application. (8) Upon termination or at the end of the well monitoring period, Licensee shall properly destroy or seal all monitoring wells and fully restore the City Property in accordance with City specifications. Prior to destruction of a well(s), a City permit shall be obtained, ensuring that street repair shall be in accordance with City standards. (9) Licensee shall submit the final report of the monitoring program to the City Water Department 4849-5886-3129,v. 7 15 OF vER ED EIVED t -e GsVELY IN�V p�G 1 AUG 0 4< 20% �ER�s°FF1C�" STAFF REPORT CITY ADMINIST ATION VERNON POLICE DEPARTMENT DATE: August 19, 2014 TO: Honorable Mayor and City Council FROM: Daniel Calleros, Police Chief 6� RE: Drug Enforcement Administration Agreement Recommendation It is recommended that the City Council: 1. Find that the proposed agreement with the Drug Enforcement Administration for continued participation in the Southwest Border Initiative (SWBI) taskforce as detailed in this staff report is exempt under the California Environmental Quality Act (CEQA). In accordance with Section 15061(b) (3), the general rule is that CEQA only applies to projects that may have an effect on the environment. 2. Authorize the Police Chief to execute an agreement with the Drug Enforcement Administration (DEA), in substantially the same form as submitted herewith, for continued participation in the Southwest Border Initiative (SWBI) taskforce. Background Since 2008, the Vernon Police Department (VPD) has dedicated one Detective to participate in the SWBI narcotics investigation taskforce. The goal of the SWBI narcotics taskforce is to disrupt illicit drug traffic in the region by immobilizing targeted violators and trafficking organizations, and gather and report intelligence data relating to narcotics trafficking and dangerous drugs. In addition, the SWBI taskforce conducts undercover operations where appropriate and engages in other traditional methods of investigation to provide effective prosecutions. Participation in the SWBI taskforce has been advantageous for the VPD. The assigned Detective has gained vast experience and knowledge from the taskforce investigations. The VPD has also utilized resources from the taskforce with multifaceted investigations when there is a need for additional personnel and expertise. In addition, the taskforce provides the VPD significant revenues from asset forfeiture proceeds related to narcotics investigations. In order to continue its participation in the SWBI taskforce, the VPD must enter into an annual agreement with DEA. Fiscal Impact There is no fiscal impact by the approval of the SWBI taskforce agreement. Enclosures STATE AND LOCAL TASK FORCE AGREEMENT BETWEEN THE DRUG ENFORCEMENT ADMINISTRATION LOS ANGELES FIELD DIVISION AND VERNON POLICE DEPARTMENT This agreement is made this 1 st day of October, 2014, between the United States Department of Justice, Drug Enforcement Administration(hereinafter "DEA"), and the Vernon Police Department(hereinafter "VPD"). The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the Southern California area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of,the parties hereto agree to the following: 1. Enforcement Group 9 (Los Angeles) (hereinafter"Enforcement Group 9 (Los Angeles) Task Force") will perform the activities and duties described below: a. disrupt the illicit drug traffic in the area by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of California. 2. To accomplish the objectives of Enforcement Group 9 (Los Angeles) Task Force, the VPD agrees to detail one experienced officer to the Enforcement Group 9 (Los Angeles) Task Force for a period of not less than two years. During this period of assignment,the VPD officer will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The VPD officer assigned to the Task Force shall adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 4. The VPD officer assigned to the Task Force shall be deputized as Task Force Officers of DEA pursuant to 21 U.S.C. Section 878. 5. To accomplish the objectives Enforcement Group 9 (Los Angeles) Task Force, DEA will assign Special Agents to the Task Force. DEA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof,provide necessary funds and equipment to support the activities of the DEA Special Agents and officers assigned to the Task Force. This support will include: office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training, and other support items. 6. The VPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I. 7. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2015. This agreement may be terminated by either party on thirty days' advance written notice. Billing for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by VPD during the term of this agreement. For the Drug Enforcement Administration: Date: Anthony D. Williams Special Agent in Charge For the Vernon Police Department: Date: Daniel Calleros Chief of Police ATTACHMENTS: (1). OJP Form 4061/6 (3-91): Certifications Regarding Lobbying; Debarment, Suspensions and Other Responsibility Matters; and Drug Free Workplace Requirements (2). Roster of Local, State, or Federal Agency Personnel Assigned to the United States Drug Enforcement, Los Angeles Field Division, Enforcement Group 9 (Los Angeles) Task Force. 'I ROSTER OF LOCAL, STATE, OR FEDERAL AGENCY PERSONNEL ASSIGNED TO THE DEA TASK FORCE NAME OF AGENCY: Vernon Police Department 1. Norm Tobias DEA 2. Ketrin Adam DEA 3. Kevin Burrell DEA 4. Eric VonCannon DEA 5. John Bur Glendora Police Department 6. Manuel Arana South Gate Police Department 7. Jason Camacho South Gate Police Department 8. Anthony Van Beek Los Angeles County Sheriff's Department 9. Joseph Carrillo Los Angeles County Sheriff's Department 10. Travis Oeland Los Angeles County Sheriff's Department 11. Jay Chapman Los Angeles County District Attorney's Investigator's Office 12. Adriana Tscharanyan Downey Police Department 13. Phillip Swinford Vernon Police Department 14. Carl White Simi Valley Police Department 15. Andrew Vestey Fontana Police Department 16. Roman Gomez Inglewood Police Department U.S.DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS - OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this from. Signature of this form provides-for compliance with certification requirements undef 28 CFR Part 69,"New Restrictions on Lobbying"and 28 CFR Part 67,"Government-wide Department and Suspension (Non procurement)and Government-wide Requirements for Drug-Free Workplace(Grants)." The certifications shall be treated as a material representation of fact upon reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING public(Federal State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust As required by Section 1352 Title 31 of the U.S. Code, and statutes or commission of embazziement theft forgery, implemented at 28 CFR Park 69, for persons enteringg into a bribery, falsification or destruction of records, making false grant or cooperative agreement over $100,000, as defined at statements,or receiving stolen property; 28 CFR Part 69,the applicant certifies that: (c) Are not presently indicted for or otherwise criminally or (a) No Federal appropriate funds have, been paid or will be clvill charged by a governmental entity (Federal, State, or paid, by or on behalf of the undersigned, to any person for in- loca with commission of any of the offenses enumerated in fluencing or attempting to influence an officer or employee of paragraph(1)(b)of this certification;and any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con- (d) Have not within a three-year period preceding this applica- nection with the making of any Federal grant, the entering into ton had one or more public transactions (Federal, State, or of any cooperative agreement, and extension, continuation, local)terminated for cause or default;and renewal,,amendment, or modification of any Federal grant or cooperative agreement; 8. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an (b) If any funds other than Federal appropriated funds have explanation to this application. been paid or will be paid to any person for influencing or at- tempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or 3. DRU FREE WORKPLACE an employee of a Member of Congress in connection with this (GRANTEES OTHER THAN INDIVIDUALS) Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, Disclosure of As required by the Drug-Free Workplace Act of 1988, and Lobbying Activities,"in accordance with its instructions; imlamented ayt defined at 28 CFR Part 67 Se 28 CFR Part 67, ctions 67.$15 and 67.6�20- Subpart F for grantees as {{c The undersigned shall require that the language of this car- tification be Included in the award doeumentsTor all subawards A. The applicant certifies that it will or will continue to provide at all tiers (including subgrants, contracts under grants and a drug=free workplace by: cooperative agreements, and subcontracts) and that all sub- recipients shall certify and disclose accordingly. (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's 2. DEBARMENT SUSPENSION,AND OTHER workplace and specifying the actions that will be taken against RE5P NSIBILI MATTERS employees for violation o such prohibition; .(DIRECT RECIPIENT) (b) Establishing an on-going drug-free awareness program to As required by Executive Order 12549 Debarment and inform employees about- Suspension, and implemented at 28 CFR Ort 67, for prospec- tive participants in primary covered transactions, as defined at (1) The dangers of drugs abuse in the workplace; 28 CFR Part 67,Section 67.510- A. The applicant certifies that it and its principals: (2) The grantee's policy of maintaining a drug-free workplace; - (3) Any available drug counseling, rehabilitation, and employee (a) Are not presently,debarred,suspended,pro osed for debar- assistance programs;and ment declared ineligible sentenced to a dTnial of Federal bene)Its by a State or Federal court, or voluntarily excluded (4) The penalties that may be imposed upon employees for from covered transactions by any Federal department drug abuse violations occurring in the workplace; or agency; {c) Making It a requirement that each employee to be engaged ((b) Have not within a three-year period preceding this applica- n the performance of the grant be given a copy of the state- ion been convicted of or had a civil judgment-[antlered against ment required by paragraph(a); them for commission of fraud or a.criminal offense in connec- tion with obtaining,attempting to obtain,or performing a (d) Notifyin the employee in the statement required by paragraph �a) that, as a condition of employment under the grant,the employee will- OJP FORM 406116(3-91)REPLACES OJP FORMS 4081/2,406213 AND 406114 WHICH ARE OBSOLETE. (1) Abide by the terms of the statement;and (2) Notify the employer In writing of his or her conviction for a violation of a criminal drug statute occurring In the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days af(er receiving notice under subparagrapph (d(2) from an Check ❑ if there are workplace on file that are not identified employee or otherwise receiving actual notloe of such convic- here. tion. Employers.of convicted employees must provide notice including position title ta: Department of Justice, Office o Section 67, 630 of the regulations provides that p grantee that Justice Programs, ATti~N: Control Desk, 633 Indiana Avenue, is a.State may elect to make one certification in each Federal N.W., Washington D.C. 20531. Notice shall Include the iden- fiscal year. A copy of which should be included with each ap- . tification number(s}of each affected grant; plication for Department of Justice funding. States and State agencies may elect to use OJP Form 4061R, (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with Check ❑ if the State -has elected to complete OJP Form respect to any employee who is to convicted- 4061/7. (1) Taking appropriate personnel action against such an employee, up to and includingtermination consistent with the DRUG-FREE WORKPLACE requirements of the Rehabilitaton Act of 103,as amended;or (GRANTEES WHO ARE INDIVIDUALS) (2).Requiring such employee to pparticipate satisfactorily in a As required by the Drug-Free Workplace Act of 1988, and drugabuse assistance or rehabUltatlon program approved for implemented a 28 CFR art 67 Subppart F, for ggrantees, as such purposes by a Federal, State,or local health, law enforce- defined at 28 CFR Part 67;Sections 67.615 and 67,620- ment,or other appropriate agency; A. As a condition of the grant I certify that I will not engage fg) Making a good faith effort to continue to maintain a drug- in the unlawful manufacture distribution, dispensing, posses free workplace through implementation of paragraphs (a), (b1, sion, or use of a controlled substance in condition any (c),(d), (e),and(f). activity with the grant;and B. The grantee may Insert in the space provided below the B. If convinced of a criminal drug offense resulting from a site(s) for the performance of work done In connection with violation occurring during the conduct of any grant activity, I the specific grant: will report the conviction, in writing within 10,-calendar days of the conviction, to: Department of Justice, Office of Justice Place of Performance (Street address, city, country, state, zip Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., code) Washington, D.C.20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Vernon Police Department 4305 S. Santa Fe Avenue Vernon CA 90058 2, Appllcation Number and/or Project Name 3. Grantee IRS/Vendor Number 4. Typed Name and Title of Authorized Representative Chief Daniel Calleros 5. Signature 6. Date of VE9 i\ RECEIVED ��,_ JUL 31 2014 SVELY IH�Jz CITY ADMINISTRATION VT- STAFF REPORT �' VERNON POLICE DEPARTMENT DATE: August 19, 2014 TO: Honorable Mayor and City Council FROM: Daniel Calleros, Police Chief ot-/ RE: Federal Equitable Share Agreement and Annual Certification Report Recommendation It is recommended that the City Council 1. Find that granting authority to execute and submit the agreement and related documents at issue in this staff report constitute administrative activities that do not constitute a "project" under the California Environmental Quality Act ("CEQA"), and would also be exempt in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. 2. Authorize the Police Chief and City Administrator to execute the Federal Equitable Share Agreement and Annual Certification Report on behalf of the City of Vernon, in substantially the same form as submitted herewith. 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 the investigator assigned to the Southwest Borders Initiative Taskforce (SWBI). In order to receive such proceeds, the VPD must execute an equitable share 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 PD to do the following: • Forfeited funds or property must be kept separate from state or other forfeitures • Submit a federal Equitable Sharing Agreement and Certification annually with both agencies • A record shall be maintained of the funds or property and any expenditures • Funds exceeding $100,000 shall be audited annually The Department of Justice implemented an electronic reporting process to streamline the reporting of funds received by local agencies. This process requires participating agencies to use a reporting form that combines the equitable share agreement as well as the annual certification report. The reporting form requires signatures by the Agency Head (the Chief of Police) and the Governing Body Head (the 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. 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, the funds are placed in a specific VPD asset forfeiture account. Fiscal Impact There is no direct fiscal impact by the execution of the federal equitable share agreement and annual certification report. m; OMB Number 1123-0011 Equitable Sharing r Expires 9-30-2014 Agreement and c Certification Q Police Department 0 Sheriff's Office 0 Task Force(Complete Table A) 0 Prosecutor's Office 0 National Guard Counterdrug Unit 0 Other *Please fill each required field. Hover mouse over any fillable field for pop-up instructions. Agency Name:City of Vernon Police Department NCIC/ORI/Tracking Number:FC7A 10 1 119 1 7 13 10 0 Mailing Address:4305 Santa Fe Avenue City:Vernon State: CA Zip: 90058 Finance Contact: First:Chief Daniel Last: Calleros Phone: (323)587-5171 E-mail: dcalleros@covpd.org Preparer: First:Angela Last: Melgar sameas finance Contact phone: (323)583-8811 E-mail: amelgar@ci.vernon.ca.us Independent Public Accountant: E-mail: r_martinez@vasquezcpa.com Last FY End Date: 06/30/2014 Agency Current FY Budget: $8,786,496.00 0 New Participant: Read the Equitable Sharing Agreement and sign the Affidavit. O Existing Participant: Complete the Annual Certification Report,read the Equitable Sharing Agreement,and sign the Affidavit. 0 Amended Form: Revise the Annual Certification Report,read the Equitable Sharing Agreement,and sign the Affidavit. Annual Certification Report Summary of Equitable Sharing Activity Justice Funds' Treasury Funds' 1 Beginning Equitable Sharing Fund Balance(must match Ending Equitable Sharing Fund Balance from prior FY) $338,487.09 $63,954.88 2 Federal Sharing Funds Received $84,148.65 3 Federal Sharing Funds Received from Other Law Enforcement Agencies and Task Forces(To populate,complete Table B) 4 Other Income 5 Interest Income Accrued Non-Interest Bearing 0 Interest Bearing 0 $931.50 6 Total Equitable Sharing Funds(total of lines 1 -5) $423,567.24 $63,954.88 7 Federal Sharing Funds Spent(total of lines a-m below) $170,803.70 $4,517.75 8 Ending Balance(difference between line 7 and line 6) $252,763.54 $59,437.13 'Justice Agencies are:FBI,DEA,ATF,USPIS,USDA,DCIS,DSS,and FDA. 'Treasury Agencies are:IRS,ICE,CBP,TTB,USSS,and USCG. Page 1 of 6 October 2012 Version 2.1 Summary of Shared Funds Spent Justice Funds Treasury Funds a Total spent on salaries under permitted salary exceptions b Total spent on overtime $2,669.52 c Total spent on informants,"buy money",and rewards d Total spent on travel and training $315.16 e j Total spent on communications and computers $46,285.34 f Total spent on weapons and protective gear $11,978.75 g Total spent on electronic surveillance equipment $9,019.75 h Total spent on buildings and improvements $5,351.00 Total transfers to other participating state and local law i enforcement agencies(To populate,complete Table C) Total spent on other law enforcement expenses(To populate, complete Table D) $95,184.18 $4,517.75 k Total Expenditures in Support of Community-Based Programs (To populate,complete Table E) I Total Windfall Transfers(To populate,complete Table F) Total spent on matching grants(To populate,complete m Table G) n Total $170,803.70 $4,517.75 o Did your agency receive non-cash assets? Qi Yes O No If yes,complete Table H. Please fill out the following tables,if applicable. Table A: Members of Task Force Agency Name NCIC/ORI/Tracking Number F_ _-AE Table B: Equitable Sharing Funds Received from other Agencies Transferring Agency Name,City,and State Justice Funds Treasury Funds Agency Name: NCIC/ORI/Tracking Number: Table C: Equitable Sharing Funds Transferred to Other Agencies Receiving Agency Name,City,and State Justice Funds Treasury Funds Agency Name: NCIC/ORI/Tracking Number: Page 2 of 6 October 2012 Version 2.1 Table D: Other Law Enforcement Expenses Description of Expense Justice Funds Treasury Funds 7K-9Ca,, ]=$1,329.70 Investigative Information/Searches and Reports $10,242.20 Uniform Supplies $13,293.08 Vehicle Equipment/Maintenance/Storage/2 Ford Patrol Explorers $70,319.20 $2,515.50 [Firing Range Maintenance $2 002.25 Table E: Expenditures in Support of Community-Based Programs Recipient Justice Funds FF t Table F: Windfall Transfers Recipient Justice Funds Treasury Funds Table G: Matching Grants Matching Grant Name Justice Funds Treasury Funds Table H: Other Non-Cash Assets Received Source Description of Asset Justice Q 2011 Dodge Ram,Pick-up/Truck,VIN:3D7JB1EK1BG540461 Treasury Q Table I: Civil Rights Cases Name of Case Type of Discrimination Alleged Race Color National Gender Origin Disability 0 Age Other Page 3 of 6 October 2012 Version 2.1 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 Asset Forfeiture and Money Laundering Section, 1400 New York Avenue,N.W.,Washington, DC 20005. Page 4 of 6 October 2012 Version 2.1 Equitable Sharing Agreement This Federal Equitable Sharing Agreement,entered into among (1)the Federal Government,(2)the above-stated law enforcement agency("Agency"),and (3)the governing body,sets forth the requirements for participation in the federal Equitable Sharing Program and the restrictions upon the use of federally forfeited cash,property,proceeds, and any interest earned thereon,which are equitably shared with participating law enforcement agencies. By its signatures,the Agency agrees that it will be bound by the statutes and guidelines that regulate shared assets and the following requirements for participation in the federal Equitable Sharing Program. Receipt of the signed Equitable Sharing Agreement and Certification (this"Document") is a prerequisite to receiving any equitably shared cash, property,or proceeds. 1.Submission. This Document must be submitted to aca.submit@usdoj.gov within 60 days of the end of the Agency's fiscal year. This Document must be submitted electronically with the Affidavit/Signature submitted by fax. This will constitute submission to the Department of Justice and the Department of the Treasury. 2.Signatories. This agreement 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, chairperson,secretary,city attorney,county attorney,district attorney,prosecuting attorney,state attorney, commonwealth attorney,and attorney general. The governing body's head is the person who allocates funds or approves the budget for the Agency. Examples of governing body heads include city manager,mayor,city council chairperson,county executive,county council chairperson,director,secretary,administrator,commissioner,and governor. 3.Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines that govern the federal Equitable Sharing Program as set forth in the current edition of the Department of Justice's Guide to Equitable Sharing for State and Local Law Enforcement(Justice Guide), and the Department of the Treasury's Guide to Equitable Sharing for Foreign Countries and Federal,State,and Local Law Enforcement Agencies (Treasury Guide). 4.Transfers. Before the Agency transfers cash,property,or proceeds to other state or local law enforcement agencies,it must first verify with the Department of Justice or the Department of the Treasury,depending on the source of the funds,that the receiving agency is a current and compliant Equitable Sharing Program participant. 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 and other sources must not be commingled with federal equitable sharing funds. The Agency shall establish a separate revenue account or accounting code for state,local,Department of Justice,and Department of the Treasury forfeiture funds. Interest income generated must be accounted for in the appropriate federal equitable sharing account. The Agency agrees that such accounting will be subject to the standard accounting requirements and practices employed for other public funds as supplemented by requirements set forth in the current edition of the Justice Guide and the Treasury Guide, including the requirement in the Justice Guide to maintain relevant documents and records for five years. The misuse or misapplication of shared resources or the supplantation of existing resources with shared assets is prohibited. Failure to comply with any provision of this agreement shall subject the recipient agency to the sanctions stipulated in the current edition of the Justice or Treasury Guides, depending on the source of the funds/property. 6.Audit Report. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 and OMB Circular A-133. The Department of Justice and Department of the Treasury reserve the right to conduct periodic random audits. Page 5 of 6 October 2012 Version 2.1 Affidavit - Existing Participant Under penalty of perjury,the undersigned officials certify that they have read and understand their obligations under the Equitable Sharing Agreement and that the information submitted in conjunction with this Document is an accurate accounting of funds received and spent by the Agency under the Justice and/or Treasury Guides during the reporting period and that the recipient Agency is in compliance with the National Code of Professional Conduct for Asset Forfeiture. The undersigned certify that the recipient Agency is in compliance with the 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 etseq.),Title IX of the Education Amendments of 1972(20 U.S.C.§ 1681 etseq.),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 etseq.),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. 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? O Yes O No If you answered yes to the above question,complete Table Agency Head Governing Body Head Signature: Signature: Name: Daniel Calleros Name: Mark Whitworth Title: Chief of Police Title: City Administrator Date: Date: E-mail: dcalleros@covpd.org E-mail: mwhitworth@ci.vernon.ca.us Subscribe to Equitable Sharing Wire: The Equitable Sharing Wire is an electronic newsletter that gives you important,substantive,information regarding Equitable Sharing policies,practices,and procedures. Final Instructions: Step 1: Click to save for your records Step 3: Email the XML file to aca.submit@usdoj.gov Step 2: Click to save in XML format Step 4: Scan&email this Affidavit to aca.affidavit@usdoj.gov (Email subject line must include Agency NCIC/ORI Code) FOR AGENCY USE ONLY Entered by Entered on p FY End: 06/30/2014 Date Printed: July 31,2014 08:14 o NCIC:CA0197300 Agency: City of Vernon Police Department Phone:(323)583-8811 O State: CA Preparer: Angela Melgar E-mail: amelgar@ci.vernon.ca.us Page 6 of 6 October 2012 Version 2.1 RECEIVED AUG 12 2014 P� 48 R�S��F\CE CITY ADMINISTRATION STAFF REPORT PUBLIC WORKS, WATER & DEVELOPMENT SERVICES En . DATE: August 19,2014 TO: Honorable Mayor and City Council PREPARED BY: Lissette Melendez,ASSOC' to Engineer APPROVED BY: Samuel Kevin Wilson,Director of Public Works,Water&Development Services RE: Maintenance Covenant&Agreement—4675 52nd Drive-Vernon Village Park Recommendation It is recommended that the City Council: 1 Find that authorizing the recordation of a Maintenance Covenant&Agreement by META Housing is exempt from the California Environmental Quality Act(CEQA)in accordance with(a)CEQA Guidelines section 15061 (b)(3),the general rule that CEQA only applies to projects that may have an effect on the environment;and(b) Section 15307,because it is an action taken by the City(a regulatory agency)to assure the"maintenance,restoration, or enhancement"of natural resources and includes procedures to protect the environment; and 2. Authorize staff to ensure that META Housing records a fully executed "Maintenance Covenant& Agreement Regarding On-Site BMP Maintenance" for the City owned property located at 4675 52nd Drive(Vernon Village Park). Background The subject property, located at 4675 52°d Drive, portion of assessor's parcel number 6314-002-900, is owned by the City of Vernon and has been designated for META Housing Corporation's proposed housing development, Vernon Village Park. The development requires several building permits, including a grading permit. As part of the grading permit, all new developments in the City must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit for storm water and non-storm water discharges within the coastal watersheds of Los Angeles County. The City of Vernon, along with the surrounding cities, are permittees under the regional NPDES Storm water permit granted by the Los Angeles Regional Water Quality Control Board. As a permittee, the City is required to enforce the Municipal NPDES permit requirements for all new developments. The Municipal NPDES Permit establishes criteria for the volume of storm water to be retained onsite as required to meet water quality goals. The permit also requires the implementation of Low Impact Development (LID) and Best Management Practices(BMPs)to promote natural systems for infiltration, evapotranspiration, and use of storm water. The proposed Maintenance Covenant & Agreement will require META Housing to provide the required up keep to the proposed storm water BMPs and to ensure long term compliance with the Municipal NPDES Permit. By ensuring that the covenant is recorded on its property, the City is ensuring that its own property is subject to no less than the same environmental protection standards as it would require of all other property,owners within Vernon. Fiscal Impact Approval of the proposed Maintenance Covenant&Agreement has no fiscal impact. Recording requested by and mail to: Name: City of Vernon Building Department Address: 4305 Santa Fe Avenue Vernon,California 90058 **************************************Space Above This Line For Recorder's Use******************************************* MAINTENANCE COVENANT AND AGREEMENT REGARDING ON-SITE BMP MAINTENANCE The undersigned hereby certifies I am(we are)the lessee(s)of the hereinafter legally described real property located at: ADDRESS: 4675 E 52nd Drive,Vernon,CA 90058 ASSESSOR'S ID#: APN 6314-002-900 in the City of Vernon,County of Los Angeles,State of California more particularly described in the legal description attached as Exhibit"A"and shown on Exhibit"B". Pursuant to Section 21.5.9 of the Vernon Municipal Code relating to the control of pollutants carried by stormwater runoff,structural and/or treatment control Best Management Practices(BMPs)have been established at the aforementioned property. The BMPs on said property include(list specific structural BMPs) -Two Kristar FloGard Plus Catch Basin Filter Inserts -Above Grade Filtration Planter Boxes with Underdrain(1997 SF Total) more specifically described in Exhibit"C",we do hereby covenant and agree to maintain the BMPs according to the Operations&Maintenance Plan attached herewith as Exhibit"D". This maintenance covenant and agreement shall run with the land and shall be binding upon any future lessees,encumbrancers,their successors,heirs or assigns and shall continue in effect until the City of Vernon approves its termination. It is hereby acknowledged that failure to properly maintain the subject BMPs may cause non-compliance with the National Pollutant Discharge Elimination System requirements resulting in the City of Vernon or State of California declaring a nuisance and/or issuing orders or citations resulting in fines or penalties and/or criminal prosecution. (Print Name of Property Lessee) (Print Name of Property Lessee) (Title of Property Lessee) (Title of Property Lessee) (Signature of Property Lessee) (Signature of Property Lessee) Dated this day of 20 Dated this day of 20 State of California County of On before me, , (Insert Name of Notary Public and Title) personally appeared 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 on which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Order Number:NCS-584401-LA2 Page Number:7 LEGAL DESCRIPTION Real property in the City of Vernon, County of Los Angeles, State of California, described as follows: LOTS 45 TO 53 INCLUSIVE OF TRACT NO. 7923, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 113, PAGES 80 TO 83 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 6314-002-900 First American Title Insurance Company 1 Exhibit B 4675 E 52nd Drive,Vernon, California 90058 A. L.T.A./A.C.S. M . '2_------------------ ------ �;p 4' L.A. ua . .................................. HHHHH� HHHHHH-11-1.1 i�.... --- --------------------- -------------- ----------- . I .....L w;10.28' --------------- Y_R=596.79 --------- N54*27'06'W--------------- ep f el I.0 S -——————- IN 14 ­T Lot 50 t 51 Lot 53 NO, I NO_l T.�01. czz L. 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NIPAO PURPOSES.ENTOIR`11`11RDMI R==1 NOT TIFI I I :Nl,0�IN ON K W I � NC, FINID I I T'41'1=III."r­'IN'�'.`IN44"'.1'T 0W­`14C`.`Q' RECORDS .1�441NII,1�1 11 111 1 11,-1 11,OFF—F­ AIZ� E FRO', I'll(OF_ P� 1114 IN 111 11112, 141,0­P— mT 53 PPRI ll.1121 11 ECON E_PPNE REcoRDEu 41FIL 1.,2—Al IN—MENT NO­2­OF �ddressesa J Owner's Information:L DID IF III I­IE I IIIIAL I11E-CN1. NE, 12119 I­INC-ON TI. ANE PER DC- D I.— ­FO'L OFF_ I.R. "NORPIWl'1111 A IIDI CO Flood Zone III r N, INC A­71 ANI C'UMOCITIN TRUCTEE WEST rSTMENT . TI INC1,11,1.1 L.1 N,�O.IAL 1,'A DCD PROTECTED.1—S F.N.�1x I­N—=CNNC1—E II IIC Or0""RPTIfP F"UM,�NIWT IOR"WT E I"DIP"ENMI"E IA,2�10_ 10F�CU2A�I"I NI — E T`E"_I D'D'I A'L'—or I— Zoning Information: Al,THE TERM 11 IN-1­11ED 11 TME ICCIIENT ENT11'DENE-CINENT INEEI­IECIROED INRCM P.1.1 REFEIENIE 11 OF IININ 1IN111 III-EI 0-11 11,1011 ID Cl OF-101 11 OF I—D 1*1—1,Ill -TRUENT 11,211­11 OM—NECORD1, II N Exceptions Legend: I= ERE PffElR= I NOT­(111 1—1—FT PND I—CCC.M­FOR D—.) t++f..f++- 11E r 2 ON r"'M��N`N "`PEO.T.E CIPS­Al S.—0.TNE OF­§26 4�1-7, PE -ECM I——REPORT AND­D.U.ENTl FCI-I rN­IFTEE 15)PPEEI Land Title Survey Exhibit B 4675 E 52nd Drive,Vernon, California 90058 ------------ ------------- ------------------------------------;----—-------------------------------- ----------------------------------- Junction Railway Ill."MIT.............. ........... ......... ........ .. .. .. .. .. .. ..... .. .. .. ............. .. .. .. .. .. .. .. ..............7 -... ... ... .....I........... ma IN,�4 I I - - - - - - - - - - 439.75' —1, 41 e 6 Lot 8 Lot 49 Lot 46 Lot 45 1-0.1 47�, 'INN �. IN T-1. _,E N- ------- J------------- ------------ z ---—---------1.11' T -7 dodo: IN. 450.OT Z Z N" -597 0-4- Drive ZN. 1&e ge -------------------------- ------------ ---------------------- Notice: Q uN—T.— Nil Fi—NE NE I.I�IT I Tl arlxc i 11 1, 11.1 —11 11—o T,E_ �INI E, Z==T--­ -1 W.——E—11.INN. 1- 11 4— Survel Certificate. @'`1.L111D T. GR—S— N-111.IN'1111 IN—NT-1 Ixwxulcc C-1 I'll I I In' —-1 I TN I nE.1 O� i'; ni N. '1 12 11 1. (IN FEET loch16 It LAND SG —E NINN E, Vicinity Map: Boundary Analysis —E 1. 1 111 NO.LS 758 .1—IN l—7- OF CKV\ Z 2 Survey Prepared For: Survey Prepared By: N— 'EMID o,I, Meta Housing Corporation Hahn and Associates,Inc. 1640 Sepulveda Blvd.,Suite 425 26074 Avenue Hall,Suite 2 Los Angeles,CA 90025 San.Cents,CA 91355 .. (31 No r. .. . oN 575-3543 (661)775-9500 P—N �4 El �'7 1 1211 .... ..... F HA HN AND ASSOCIATES. INC. 3 Exhibit C Filter Insert BMP at 4675 E 52nd Drive, Vernon, California 90058 FINISHED SURFACE TRAFFIC RATED GRATE III-111, ,111=„Ill���llliil liiilll���lll=„111, ,111-III- 4. ° • ° a a° ° d • PRECAST CONCRETE CATCH BASIN. SIZE PER PLAN P SD INV IN 444 PER PLAN ° ' •° d d ° a ° ' d° KRISTAR CATCH BASIN FILTER a INSERT (WALL MOUNT STYLE). MODEL NO. BASED ON CATCH BASIN SIZE d a e ° ° °d ' • ° ° d° e° • SD INV OUT PER PLAN SOLID GRATE PRECAST CONCRETE CATCH BASIN WITH KRISTAR FLOGARD PLUS FILTER INSERT (WALL MOUNT STYLE) 4 Exhibit C Planter Box BMP at 4675 E 52nd Drive,Vernon, California 90058 6' HIGH PERIMETER CONCRETE 4" PERF SD INLET WALL PER STRUCTURAL PLANTER WALL PER FROM PUMP. DWGS STRUCTURAL PLANS ANCHOR PERF PIPE TO PLANTER WALL. z s x ^w PLANTER ATRIUM ° L 0 GRATE z 3" MIN. MULCH FOR w o PRETREATMENT Lu a COBBLES OR 24" MIN. SANDY LOAM, SPLASH BLOCK MINIMUM INFILTRATION RATE 6" PER HR d 000000000000 0000000000000 ap . O O O O O O O O O O O O 6" OVERFLOW PIPE FINISHED SURFACE ° DRAINS TO PROPOSED SD OR GRADE PER PLAN UNDER RAISED PLANTER v-vnvnvnv;y�v,y 'FILTER. a' FABRIC PUMP PER ° WATERPROOFING PLAN MEMBRANE, MINIMUM 0.50% °O.5 0 ° 30 MILS. 4' SD S ° 12" OPEN-GRADED PIPE ° WASHED GRAVEL, 6" OUTLET APPROX. 1 DIA. TO CURB PERFORATED ° PER ASTM 448 NO.57 DRAIN PIPE, WRAPPED WATERPROOF IN ROOT MEMBRANE CONTROL MEMBRANE pd-p °Q 1 PLANTER BOX DETAIL N.T.S. 5 Exhibit D Operation and Maintenance Plan at 4675 E 52nd Drive, Vernon, California 90058 CATCH BASIN FILTER INSERT The inspection and maintenance program will include the following key components: 1) REGULAR INSPECTIONS: The catch basin insert will be inspected on a regular basis. The frequency of inspection will be based on pollutant loading, amount of debris, leaves, etc., and amount of runoff. At a minimum, there will be three inspections per year. 2) CONDUCT OF THE VISUAL INSPECTION: a) Broom sweep around the inlet and remove the inlet grate. b) Inspect the filter liner for serviceability. If called for, the filter body will be replaced. c) Check the condition of the absorbent pouches and visually check the condition of the enclosed adsorbent. If the surface of the granule is more than 50% coated with a dark gray or black substance, the pouches will be replaced with new ones. d) Check for loose or missing nuts and gaps between the filter and the inlet wall, which would allow bypass of the filter during low flows. e) The filter components will be replaced in the inlet and the grate replaced. 3) CLEANING OUT THE FILTER INSERT: Regardless of the model of the filter insert, the devices must be cleaned out on a recurring basis. It is recommended that the filter insert undergoes at least 3 cleanings per year- more in high exposure areas. a) The standard filter, in most cases, can be cleaned out by removing the device from the inlet and dumping the contents into a DOT approved drum for later disposal. If the the oil-absorbent pouches need to be changed, the time to change them is immediately after dumping and before the filter is replaced in the inlet. 4) MAINTENANCE LOG: Keep a log of all inspections and maintenance performed on the catch basins and filter inserts. Keep this log on-site. FILTRATION PLANTER BOXES WITH 3"MULCH LAYER The inspection and maintenance program will include the following key coMponents: Filtration planters remove stormwater pollutants through a combination of overland flow through vegetation, surface detention, and filtration through soil. Frequent inspection and maintenance is required until vegetation becomes established. Thereafter, routine maintenance requirements are considered minimal. 6 Typical routine maintenance consists of the following: 1. Inspect soil and plantings. Remove weeds prune vegetation and replenish mulch as needed. Clear any obstructions and remove any accumulation of sediment. 2. Inspect side slopes for evidence of instability or erosion and correct as necessary. 3. Observe soil at the bottom of the ponding area for uniform percolation throughout. If portions of the area do not drain within 48 hours after the end of a storm, the soil should be tilled and replanted. Remove any debris or accumulated sediment. 4. Examine the vegetation to insure that it is healthy and dense enough to provide filtering and to protect soils from erosion. Confirm that irrigation is adequate and not excessive. Replace dead plants and remove invasive vegetation. 5. Abate any potential vectors by filling holes in the ground and around the ponding area. If mosquito larvae are present and persistent, contact the City of Vernon's Health & Environmental Control Department for information and advice. Mosquito larvicides should be applied only when absolutely necessary and then only by a licensed individual or contractor. MAINTENANCE LOG: Keep a log of all inspection and maintenance performed on the catch basins, trench drains, filters and planter box filtration system. Keep this log on-site. 7 RECEIVED AUG 12 2014 CITY ADMINISTRATION STAFF REPORT 4)MMUNITY SERVICES & WATER DEPARTMENT P ��ATE: August 19,2014 TO: Honorable Mayor and City Council PREPARED BY: Rafael Contreras,Project ngineer �.G APPROVED BY: Samuel Kevin Wilson, erector of Community Services&Water RE: Ratification to Advertise Contract No.CS-0487:Labor and Equipment for Placement of Type 11 (REAS) Slurry Seal Recommendation It is recommended that the City Council: 1. Find that the approval of the proposed Citywide Slurry Seal, Phase III Project is exempt under the California Environmental Quality Act(CEQA)in accordance with Section 15301, Existing Facilities,part(c), existing highways and streets. 2. Ratify the advertising for bids for the Labor and Equipment for Placement of Type II, Rubberized Emulsion Aggregate Slurry(REAS) Seal, Contract No. CS- 0487. Background As part of the Citywide Rubberized Slurry Seal Phase III, the City proposes to slurry seal Corona Avenue,from District to Fruitland, Everett Avenue from Exchange to District, Loma Vista Avenue, from District to Fruitland, Maywood Avenue from Exchange to District, 481h Street from Loma Vista to Corona,49th Street from west end to Corona, 50'h Street from Loma Vista to Gifford and 50th Street from Boyle to Downey Road. Enclosed is the project map. The slurry seal will help preserve the aged pavements, filling minor cracks, restoring skid resistance and restoring aesthetic appeal. The work will preserve the pavement another five to seven years, This project will be split into two separate contracts: l)Labor and Equipment for Placement of Type II (REAS) Slurry Seal, Contract No. CS-0487, and 2) Citywide Slurry Seal (REAS) Phase III, Contract CS-0025 which is for the purchase of the slurry material. As to the first contract,staff is proposing to obtain bids for the Labor and Equipment for the Placement of Type IL(REAS) Slurry Seal, Contract No. CS-0487. Work will include the labor and equipment for the placement of the Rubberized Emulsion Aggregate Slurry(PEAS) seal, surface preparation,taping (protection) of the manholes and valve covers, sweeping of the pavement prior to the laydown,placement of the temporary striping tabs and any other work necessary for a complete job. The work is estimated to cost less than $50,000. Bids less than $50,000 do not require competitive bidding or City Council approval. Therefore, City staff moved forward with bidding the project. However, there is a possibility that the low bidder for the project could exceed the $50,000 threshold. Since time is of the essence for this project, City staff believes it prudent to obtain City Council's ratification to the bid the project.' Bids are due on August 25,2014. As to the second contract,the City intends to piggyback onto a current contract that was issued by the City of Los Angeles with Petrochem Manufacturing,Inc. (PMI)for the supplying of REAS material Piggybacking is when a public agency uses an existing public contract as a template to form their own contract directly with the vendor to purchase on the same or similar terms. The City of Los Angeles used a competitive bid process to obtain labor and material cost for PMI. There will be no bidding on the contract between PMI and the City of Vernon; Citywide Slurry Seal (REAS) Phase III, Contract CS-0025 The contract between PMI and the City of Vernon is only for the purchasing of the slurry seal material. The City of Vernon will be able to save time and resources by piggybacking onto the City of Los Angeles contract with PMI. It is anticipated that both contracts for the above mentioned work will be awarded at the September 2, 2014 City Council meeting. In an effort to save funds, City forces will be used for traffic control in support of the slurry seal contractor. The City will also use another existing contract already in place for striping services (J&S Striping)to stripe the streets after the application of the slurry: Fiscal Impact The Labor and Equipment for Placement of Type II(REAS) Slurry Seal, Contract No. CS-0487, is estimated at$35,000. Funds for the project will come from the Citywide Rubberized Slurry Seal Phase III project budget of$500,000, which was included in the 2014- 2015 budget. City of Vernon cootPt' ,t R Ar ED 1905 fOUNp S sl""ELY 1lka'� LABOR AND EQUIPMENT FOR PLACEMENT OF TYPE II SLURRY (REAS) VARIOUS LOCATIONS FOR PUBLIC WORKS, WATER & DEVELOPMENT SERVICES Contract No.CS-0487 Bid Opening Date:August 25,2014 at 2:00 p.m. Construction Start Date:Estimated September 13,2014 CITY OF VERNON PUBLIC WORKS,WATER&DEVELOPMENT SERVICES 4305 SANTA FE AVENUE VERNON,CA 90058 (323)583-8811 CITY OF VERNON NOTICE INVITING BIDS Labor and Equipment for Placement of Type II Slurry (REAS) For Public Works, Water & Development Services One (1) Original and Two (2) copies of sealed bids shall be received prior to Monday, August 25, 2014 at 2:00 PM by the City Clerk, 4305 Santa Fe Avenue, Vernon, CA 90058, and will be open at that time and place. All bids shall be enclosed in sealed envelopes, distinctly marked "Bid"with the title of the bid and the bidder's name address appearing on the outside. Mail sufficiently early or deliver in person before 2:00 p.m. on the day listed in the Notice Inviting Bids. Bids must be received in the City Clerk's Office before that 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 Unit Price Bid Forms will be made available for public review. NO LATE BIDS WILL BE ACCEPTED The bids shall be clearly titled. Copies of the Specifications may be obtained by mail, City of Vernon Website or in person from the Department of Public Works, Water & Development Services, 4305 Santa Fe Avenue, Vernon, CA 90058, telephone No. (323) 583-8811 Ext. 220. Refer to the specifications for complete details and bidding requirements. The specification and this notice shall be considered a part of any contract made pursuant thereunder. A pre-bid meeting is scheduled for Tuesday,August 19,2014 at 10:00 a.m. This meeting is to answer any questions regarding the project map and specifications. Attendance is not mandatory. General Scope of Work: Refer to the Bid Documents, Project Map and Specifications for complete details of the Work and bid requirements all of which shall be considered a part of any contract made pursuant thereto. Contractor shall furnish all labor, materials, equipment, services, and specialized skills to perform the Work involved in the Project. 2 Other Bidding Information: 1. Time of Completion. This Work must be completed within three (3) Calendar Days from the date of commencement as established by the City's written Notice to Proceed. 2. Amount of Liquidated Damages: $1,500.00 per Calendar Day. 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 $1,500.00 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. 4. Bidding Documents. Bids must be made on the Proposal Form contained herein. 5. 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$35,000 to $45,000. 6. Bid Security. All bids must be accompanied by bids security in the amount of ten percent (10%) of the bid price, in the form of cash, cashier's check, money order, or surety bond. Mark Whitworth City Administrator Dated: (Authorized by City Attorney) Published: 3 City of Vernon Instructions for Bidders Labor and Equipment for Placement of Type II Slurry (REAS) For Public Works, Water & Development Services City personnel with whom prospective bidders will deal with are: Vincent Rodriguez, Public Works Project Coordinator, Department of Public Works, 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 Ext. 220. Bid opening date and time: August 25, 2014 at 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 shall not be considered. 4 TABLE OF CONTENTS PAGE NOTICE INVITING BIDS 2 PART L• REQUIREMENTS AND INSTRUCTIONS TO BIDDERS 7 1.0 General Bid Requirements 7 1.1 Bidder's Guarantees 7 1.2 Acceptance of Conditions 11 1.3 Truth and Accuracy of Representation 11 1.4 City Changes to the Bid Documents 11 1.5 Notice Regarding Disclosure of Contents of Documents 12 1.6 Award of Bid, and Determination of Responsiveness 12 1.7 Ineligibility to Contract 13 1.8 Error and Omissions 13 1.9 Patent Fees;Patent,copyright,Trade Secret and Trademark Fees 13 1.10 Taxes 13 1.11 Indemnity In The Event of Bid Dispute 13 2.0 SPECIAL CITY REQUIREMENTS 14 2.1 Living Wage Ordinance and Prevailing Wage Where Applicable 14 2.2 Equal Employment Opportunity In Contracting 14 2.3 Affidavit of Non-Collusion by Contractor 14 2.4 Local Preferences 15 2.5 Stormwater Management and Discharge Control 15 3.0 GENERAL SPECIFICATIONS 16 3.1 Bid Items 16 5 3.2 Evaluation of Bid 16 3.3 Award of Contract 16 3.4 Duration of Agreement 16 3.5 Sample Labor and Materials Contract 16 3.6 License and Permits 16 3.7 Substitution for Patented and Specified Articles 17 3.8 Exceptions and Exclusions 17 3.9 Liability Insurance 17 PART II: GENERAL REQUIREMENTS 18 PART III: SCOPE OF WORK REQUIREMENTS 21 PART IV: SPECIFICATIONS 22 A. General 22 B.Proposed Rubberized Emulsion-Aggregate Slurry(REAS),Type II 26 ATTACHMENTS 30 ATTACHMENT NO. 1 —BIDDER'S CHECKLIST 31 ATTACHMENT NO. 2—SIGNATURE PAGE, LEGAL STATUS AND 32 ACKNOWLEDGEMENT OF ADDENDA ATTACHMENT NO. 3 —BID FORM 35 ATTACHMENT NO. 4—AFFIDAVIT OF NON-COLLUSION 36 ATTACHMENT NO. 5—VENDOR LIST QUESTIONNAIRE 37 ATTACHMENT NO. 6—SAMPLE LABOR AND MATERIALS 38 CONTRACT ATTACHMENT NO. 7—PMI EQUIPMENT RENTAL COST 60 ATTACHMENT NO. 8—PROJECT MAP 61 6 PART I — REQUIREMENTS AND INSTRUCTIONS TO BIDDERS 1.0 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. 1.1 BIDDER'S GUARANTEES 1.1.1 Bid Security. Bid security in the amount often percent (10%) of the bid price, in the form of cash, cashier's check, money order or surety bond, meeting City requirements, must accompany all bids. If the bidder to whom the contract is awarded shall for fifteen (15) calendar days after such award fail or neglect to enter into the contract and file the required bonds, the City may deposit in its treasury said bid security and, under no circumstances, shall it be returned to the defaulting bidder. 1.1.2 Performance and Payment Bonds. The bidder to whom the contract is awarded shall file the bonds specified by Section 2-4, "Contract Bonds," of the Standard Specifications for Public Works Construction, 2012 Edition (Greenbook) and any amendments thereto, before execution of the contract. The term "Contract Price" shall be deemed to mean the total contract "not to exceed" amount consisting of the base bid stated in the bidder's proposal plus additional amounts provided for adjustments to the estimated quantities contained in the bidder's proposal and for extra work. Pursuant to California Public Contract Code Section 22300, substitution of securities for withheld funds is permitted in accordance therewith. 1.1.3 All Bonds. All bid, performance and payment bonds must be issued by a California admitted surety insurer with the minimum AM 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. 7 1.1.4 Bidder Must Make Thorough Investigation. The Bidder shall examine carefully the site of the Work contemplated in the Map 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 to provide for carrying out his/her operations so as to cause the minimum possible inconvenience to the occupants of property along any streets affected. All Work and costs involved in the safeguarding of the property of others shall be at the expense of the Bidder to whom the Contract may be awarded. 1.1.5 The Bidder hereby certifies that he/she has examined the local conditions, has read each and every clause of the Contract Documents, and that he/she has included all costs necessary to complete the specified Work in his/her Bid prices, and the Bidder agrees that if he/she is awarded the Contract he/she 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 anticipated by him/her, the Bidder agrees to assume all risks incident thereto. 1.1.6 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, preferably on the Bidder's Question Form provided at the end of these Instructions to Bidders, 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. 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. 1.1.7 Contractors 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, the Contractor must possess a California contractor's license or licenses, current and active, of the 8 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 following license(s): C29 issued by the State of California. In addition, if Bidder intends to self-perform any specialty sub-contract work, must possess the necessary licenses to self-perform such Work. The successful Bidder will not receive a Contract award if the successful 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 after the Contract's award that the 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 cancel the award, reject the Bid, 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. 1.1.8 Subcontractors' Licenses and Listing. Bidder 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). Bidder is hereby notified that pursuant to AB 44 (Buchanan), the bidding procedures of the Subletting and Subcontracting Fair Practices Act have been amended to require that effective July 1, 2014, the license number of all subcontractors shall be included in bid documents submitted to a public agency. 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 that the Bidder to list the dollar value of each Subcontractor's labor or services. 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. 1.1.9 Prevailing Wage Rates and Employment of Apprentices. The 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/. 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, if Davis-Bacon wage rates 9 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/ and, if federally-funded, see the federal website: www.access.gpo.gov/davisbacon/. If there is a difference in the Federal and State prevailing wage rates for similar classifications of labor, the Contractor and its Subcontractors shall pay the highest wage rate. 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, the 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 Section 1773 et seq. Apprenticeship Committee Contract Award Information. Pursuant to California Labor Code § 1777.5 and Title 8 of the California Code of Regulations § 230, the Contractor and Subcontractors of any tier who are not already approved to train through 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 the Contractor or Subcontractor has workers employed on the Project, submit the State 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. Statement of Employer Fringe Benefit Payments. Within five (5) calendar days of signing the Contract or subcontract, as applicable, the State 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. Notice to Subcontractors. Bidders shall notify all potential Subcontractors submitting price quotations for portions of the Work, as to the requirements concerning payment of prevailing wage rates,payroll records, hours of Work, and employment of apprentices. 10 1.2 ACCEPTANCE OF CONDITIONS By submitting a bid, each bidder expressly agrees to and accept the following conditions: 1. All parts of the Instructions to Bidders and Specifications will become part of the Contract between the selected bidder and the City. Please note: In case of a conflict, the General Specifications shall supersede any other conflicting section of the Project Documents. 2. The City may require whatever evidence is deemed necessary relative to the bidder's financial stability and ability to complete this project; 3. The City reserves the right to request further information from the bidder, either in writing or orally, to establish any stated qualifications; 4. The City reserves the right to solely judge the bidder's representations, and to solely determine whether the bidder is qualified to undertake the project pursuant to the criteria set forth herein. The bidder, by submitting a bid, expressly acknowledges and agrees that the judgment of the City as to whether or not the bidder is qualified to perform the project, shall be final, binding and conclusive; 5. 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. If a successful bidder fails to enter into a contract awarded to them, or if a contract is not commenced by the Contractor or their surety, the City Council may abandon the matter or may re-advertise the original bid or a modification thereof, or may award the contract to the next lowest responsive and responsible bidder, with the consent of such bidder; and 6. This bidding process does not commit the City to award any contract, and the City is not liable for any cost incurred by the bidder in the preparation and submission of a bid. 1.3 TRUTH AND ACCURACY OF REPRESENTATION False, incomplete or unresponsive statements in connection with the bid may be sufficient cause for rejection of a bidder. 1.4 CITY CHANGES TO THE BID DOCUMENTS The City reserves the right to change any part of these Instructions to Bidders and Specifications any time prior to the bid opening. Any changes shall be in the form of addenda and will become a part of the bid documents and of the contract. Addenda shall be made available to each bidder. 11 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. 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. Such addenda will become a part of the bid documents and of the Contract. 1.5 NOTICE REGARDING DISCLOSURE OF CONTENTS OF DOCUMENTS All bids accepted by the City shall become the exclusive property of the City. Upon opening, all bids accepted by the City shall become a matter of public records and shall be regarded as public, with the exception of those elements of each bid which are identified by the bidder as business or trade secrets and plainly marked as "trade secret," "confidential," or "proprietary." 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 statements (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 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. 1.6 AWARD OF BID AND DETERMINATION OF RESPONSIVENESS The Contract shall be awarded to the lowest responsive and responsible bidder(s). In determining whether a bidder is responsible, the following is a sample of some, but not all, of the considerations that may be taken by the City: 1. The quality of the material or service offered; 2. The ability, capacity and skill of the bidder to perform the contract or provide the material or services; 3. Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference; 4. The sufficiency of the bidder's financial resources and the effect thereof on his ability to perform the contract or provide the material or services; 5. The character, integrity, reputation,judgment, experience and efficiency of the bidder; 6. The quality and timeliness of the bidder's performance, if any, on previous orders or contracts for the City; 7. Litigation by the bidder on previous orders or contracts with the City; and 12 8. The ability of the bidder to provide future maintenance and service where such maintenance and service is essential. 1.7 INELIGIBILITY TO CONTRACT Pursuant to Sections 1777.1 and 1777.7 of the California Labor Code, any Contractor that has been found by the State Labor Commissioner to be debarred and in violation of said Labor Code shall be ineligible to bid on or be awarded a contract for this project. The period of debarment shall be not less than one year and up to three years as determined pursuant to Section 1777.7 of the Labor Code. In submitting its bid, the Bidder certifies that it is aware of these provisions and is eligible to bid on this project. The successful Bidder shall also be prohibited from performing work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code. In submitting its bid, the Bidder certifies that it has investigated the eligibility of each and every subcontractor it intends to use on this project and has determined that none is ineligible to perform work pursuant to the above provisions of law. 1.8 ERROR AND OMISSIONS Bidders shall not be allowed to take advantage of any errors or omissions in the Instructions to Bidders or Specifications. Full instructions will be given if such error or omission is discovered and timely called to the attention of the City. In submitting its bid, the Bidder certifies that it is aware of these provisions and is eligible to bid on this Contract. 1.9 PATENT FEES; PATENT, COPYRIGHT, TRADE SECRET AND TRADEMARK FEES Each bidder shall include in the price bid any patent fees, royalties and charges on any patented article or process to be furnished or used in the prosecution of the Work. 1.10 TAXES Price bid shall include all federal, state, local, and other taxes. 1.11 INDEMNITY IN THE EVENT OF BID DISPUTE In the event of a bid dispute based upon the bidder's submission of this bid and the City's acceptance of same, the bidder will be required to indemnify, defend and hold harmless at its expense, including the provision of legal counsel, the City, its agents, employees and officers from liability, claims, demands, damages and costs if such dispute or action arises solely upon the award of the bid in compliance with State, Federal and local laws. 13 2.0 SPECIAL CITY REQUIREMENTS There is a separate packet of forms as part of these specifications that a bidder must complete to establish compliance with a number of special City of Vernon requirements, including, but not limited to, Equal Employment in Contracting and Affidavit of Non Collusion. These forms and their instructions should be considered an integral part of the specifications and failure to complete them shall be grounds, in the sole discretion of the City, for rejections of any bidder. 2.1 LIVING WAGE ORDINANCE AND PREVAILING WAGE WHERE APPLICABLE This is a prevailing wage job, see Section 1.1.9 for prevailing wage requirements. In addition, a contractor, or subcontractor, if any, working on City service contracts of any amount, as to all employees spending time on City contracts shall comply with the terms and conditions of Ordinance No. 1187, the City's Living Wage Ordinance. The Current Living Wage Standards are set forth as part of Attachment No. 6. Upon request, certified payroll shall be provided to the City. If there is a difference between the prevailing wage and the City's living wage, the contractor or subcontractor shall pay the highest rate. 2.2 EQUAL EMPLOYMENT OPPORTUNITY IN CONTRACTING Contractor certifies and represents that during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions set forth as part of Attachment No. 5. Required Forms — Each bidder must submit a completed Vendor List Questionnaire included in Attachment No. 5. Failure to submit this form will result in automatic disqualification with no exemptions unless bidder has an approved Form on file with the City. 2.3 AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR The City requires that each bidder executes and submits to the City with the Bid, the Affidavit of Non-Collusion included in Attachment No. 4. The Non-collusion Affidavit 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. 14 2.4 LOCAL PREFERENCES The City of Vernon is committed to promoting the economic health and well-being of its residents. To this end, contractor agrees to recruit Vernon residents initially and to give them preference, if all other factors are equal, for any new positions that result from the performance of this contract and which are performed within the City. 2.5 STORMWATER MANAGEMENT AND DISCHARGE CONTROL In addition to complying with all applicable federal, state and local laws and regulations, the Contractor shall take note of the Stormwater Management and Discharge Control Ordinance, also known as NPDES (National Pollution Discharge Elimination System) Requirements, as a material part of the work under this Contract. In addition, the Contractor shall adhere to NPDES Best Management Practices to prevent deleterious materials or pollutants from entering the City or county storm drain systems, including, but not limited to implementing the Best Management Practices specified below, and the Contractor shall comply with all directions of the City in this regard during construction: The following shall be implemented: 1. Handle, store, and dispose of materials properly. 2. Avoid excavation and grading activities during wet weather. 3. Construct diversion dikes and drainage swales around working sites. 4. Cover stockpiles and excavated soil with secured tarps or plastic sheeting. 5. Develop and implement erosion control plans (if applicable). 6. Check and repair leaking equipment away from construction sites. 7. Designate a location away from storm drains for refueling. 8. Cover and seal catch basins if work in their vicinity may allow debris or deleterious liquids to enter. 9. Use vacuum with all concrete sawing operations. 10. Never wash excess material from aggregate, concrete, or equipment onto a street. 11. Catch drips from paving equipment with drip pans or absorbent material. 12. Clean up all spills using dry methods. 15 3.0 GENERAL SPECIFICATIONS The General Specifications as they relate to this work shall be in accordance with the terms and conditions of the Sample Labor and Materials Contract included in Attachment No.6. 3.1 BID ITEMS The bid will be awarded to the responsive and responsible bidder(s)with the lowest total cost. 3.2 EVALUATION OF BID In comparing bids, consideration will not be confined to price only. The successful bidder(s) will be one whose product or service is judged to best serve the interests of the City of Vernon when price, product, safety, quality and delivery are considered. The City of Vernon reserves the right to reject any or all bid or any part thereof, and to waive any minor technicalities from the specifications. The contract award will be made from among responsive and responsible bidders meeting the City's requirements. In order to be considered responsive, bidders must bid on all items indicated in Attachment No.3, the Unit Price Bid Form. 3.3 AWARD OF CONTRACT Evaluation of the bid will be based on the competitive bidding process. The contract will be awarded to the responsive and responsible bidder(s)with the lowest total evaluated unit price. 3.4 DURATION OF AGREEMENT The initial term for any agreement resulting from these Specifications shall be one (1) year from the date of execution by the City. The terms and conditions of agreements shall be in accordance with the Sample Labor and Material Contract included in Attachment No. 6. 3.5 SAMPLE LABOR AND MATERIALS CONTRACT The successful bidder(s) will be required to enter into a Labor and Material Contract with the City. A Sample Labor and Material Contract is included in Attachment No. 6. 3.6 LICENSE AND PERMITS Contractor shall obtain and pay for any required business license. For further information, contact Public Works, Water and Development Services Department at (323) 583-8811, Monday-Thursday between 7 a.m. and 5:30 p.m. 16 3.7 SUBSTITUTION FOR PATENTED AND SPECIFIED ARTICLES Wherever these Specifications specify any material or process by patent or proprietary name or by name of manufacturer, such specification is only for the purpose of describing the material or process desired and shall be deemed to be followed by the words "and/ or approved equivalent." Any bidder may offer in the proposal any material or process that is equivalent in every aspect to the material or process specified. This statement of alternate unit shall clearly describe the material or process for which the substitution of alternate and shall provide technical data establishing equivalency. 3.8 EXCEPTIONS AND EXCLUSIONS No exceptions and exclusions are permitted. Contractor shall discuss and resolve all questions with the project engineer prior to bid opening. Any attachment of exceptions, exclusions or clarifications to the Bid Proposal will be deemed non-responsive. 3.9 LIABLITY INSURANCE Proof of insurance is not required to be submitted with your bid, but will be required prior to the City's award of the contract. A copy of the standard is included as part of Attachment"6". 17 PARTII GENERAL 1. The Contractor shall provide all necessary supervision, labor, materials, tools, and equipment to perform the required work at the City of Vernon job-site. The Contractor shall meet with a designated City representative prior to starting any work. Access to a worksite shall be controlled by a designated City representative. The Contractor shall assure that all delivery vehicles are in excellent mechanical condition. 2. Standard Specifications — In connection with contracts related to the subject "Bidder's Proposal", and except as otherwise provided below, all work shall be done in accordance with the provisions of the 2012 edition of "STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION" (commonly known as the "GREENBOOK"), including Supplements, prepared and promulgated by Public Works Standards, Inc., a mutual benefit corporation. 3. The General Contractor shall have a supervisor in charge at the project site at all times whenever any work is in progress by the Contractor, or one or more subcontractors. Failure to comply with the preceding will be sufficient grounds for the City to stop the work and shutdown the project. 4. The primary Public Works contact person will be Vincent Rodriguez, Public Works Project Coordinator who may be contacted at (323) 583-8811 Ext. 220, e-mail vodriguez@ci.vernon.ca.us Monday through Thursday, 7:00 a.m. to 5:30 p.m. 5. If any subcontractor or person employed by the Contractor shall appear to a designated City representative to be incompetent, intemperate, troublesome, or acts in a disorderly or otherwise objectionable manner, he/she shall be immediately discharged from the project on the requisition of the designated City representative. 6. The Director of Public Works, Water & Development Services or his representative shall at all times have access to the work and full knowledge of the process, workmanship and character of materials and equipment used in the work. The inspection of the work shall not relieve the contractor of any obligation to fulfill the contract and/or complete the project described. 7. Provide all labor, equipment, materials, tools, and supervision required to perform the work required to successfully complete this project. There is an option for the contractor to rent equipment from the sully seal material provider, see Part IV Specifications, Coordination Section of the bid documents. 18 8. Immediately notify the City of any changes in the Contractor's insurance, permits, and licenses. Failure to do so may result in the immediate termination of this Contract for default. 9. The Contractor shall respond within 24 hours' notification to an authorized City representative's service request. Regular business hours are 7:00 a.m. to 5:30 p.m., Monday through Thursday. At the sole discretion of the City, a designated City representative may alter the hours and days of services. a. Holidays observed by the City of Vernon: b. New Year's Day c. Martin Luther King, Jr. Day d. Presidents' Day e. Memorial Day f. Independence Day g. Labor Day h. Columbus Day i. Cesar Chavez Day j. Veterans Day k. Thanksgiving Day 1. Christmas Day 10. Section intentionally omitted. 11. The City will not provide storage facilities for the Contractor. The City will not be liable or responsible for any damage, by whatever means, or for theft of materials or equipment on the jobsite. 12. All debris derived from these services shall be removed from City property and become the property of the Contractor. The Contractor shall dispose of all debris from these services in a legally established area appropriate for the type of debris being disposed. Disposal shall be at the Contractor's expense. The Contractor shall not allow any debris or materials from its operations under this contract to be deposited in the storm drains and/or gutters in violation of the National Pollution Discharge Elimination System. 13. Codes: All materials & work shall conform to the requirements of the 2012 Standard Specifications for Public Works Construction (Greenbook), and all other local, state and federal regulations. 14. Standards: A.S.T.M. designations and all other standards refer to the latest editions. 15. Site Limitations: The work, as shown the City Map,but not necessarily limited to the work as shown, includes examining the site and all conditions and limitations thereabout. Take into 19 account all such conditions and limitations, whether or not the same are specifically shown or mentioned as to be part of this work, and attain the completed conditions as indicated by the map. 16. Existing Conditions: All information shown on the map relative to existing condition is given as the best present knowledge, but without guarantee of accuracy. Where actual conditions conflict with the map, they shall be reported to the Engineer so that proper revisions may be made. Modification of details of construction shall not be made without prior written approval of the Engineer. 17. Dimensions: Dimensions indicated are the dimensions to be used for construction. Working dimensions shall not be scaled from the map, sections, details, or any other part of the map. Dimensions should be taken as noted on the map. 18. Verification: Verify all dimensions, elevations and site conditions before starting work. Notify the Engineer immediately of any discrepancies. 19. Similar Work: All details as shown on the map shall apply to all similar conditions whether referenced or not. Typical details and notes shall apply unless shown otherwise on the map. 20. Conflicts: Notes and details on the map take precedence over the General Notes and typical details in case of conflict. Omissions or conflicts between the various elements of the specifications shall be brought to the attention of the Engineer prior to proceeding with any work involved. 21. Changes to any work: Obtain prior written approval. 22. Construction Methods and Project Safety: The contract specifications represent the finished pavement and do not indicate methods, procedures or sequence of construction. The Contractor shall supervise and direct the work and shall be solely responsible for construction means, methods, techniques, sequences and procedures. 23. Permits: It shall be the responsibility of the Contractor to obtain necessary permits. There will be no charge for an encroachment permit issued by the City of Vernon. 20 PART III. SCOPE OF WORK 1. The Contractor will furnish all labor for the laydown and placement,including surface perpetration, of the Rubberized Emulsion Aggregate Slurry (REAS), taping (protection) of the manholes and valve covers, sweeping of the pavement prior to the laydown, placement of the temporary striping tabs and clean-up and any other work necessary for a complete job. 2. The slurry seal material, REAS, will be paid for by the City under separate contract, and provided by Petrochem Manufacturing Inc. (PMI). See Part IV Specifications, Coordination Section of the bid documents. 3. PMI has informed the City that it would rent the attached Equipment at the prices listed in Attachment#7. Contractor may rent the equipment from PMI, obtain the equipment from another party, or use its own equipment. City has no preference on whether bidders rent any equipment from PML The City merely provides this information to the extent that it may be helpful to bidders in lowering their overall bid prices. 21 PART IV. SPECIFICATIONS A. GENERAL STANDARD SPECIFICATIONS For the purpose of this contract, the "GREENBOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (Latest Edition). Slurry materials, transportation, mixing, and application shall be per the Standard Specifications for Public Works Construction (SSPWC) 2012 Edition. CONTRACT STREETS The following streets are included in this contract for maintenance: Corona Avenue from District to Fruitland Avenue Everett Avenue from Exchange to District Blvd. Loma Vista Avenue from District to Fruitland Avenue Maywood Avenue from Exchange to District Blvd. 481h Street from Loma Vista to Corona Avenue 49th Street from west end to Corona Avenue 501h Street from Loma Vista to Gifford Avenue 50th Street from Boyle to Downey Road The streets are also shown on the Project Map, Attachment No. 8. CONTRACT LENGTH All work in this project shall be completed within three (3) days, two (2) consecutive weekends, as further described in the COORDINATION and CONSTUCTION SCHEDULE sections below subject to extensions for each day of(1) rain, fog and inclement weather. EXAMINATON OF THE SITE The bidders are required to examine the site and judge for themselves the location, physical conditions, substructures, and surroundings of the proposed work. MOBILIZATION The cost of all 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 the Contractor. DELAYS AND EXTENSIONS OF TIME The Provisions of Section 6-6 entitled"Delays and Extensions of Time" of the Standard 22 Specifications shall apply except as modified and supplemented below. The second paragraph of subsection 6-6.1 is hereby deleted and the following paragraph shall be inserted in its place: No extension of time will be granted for a delay caused by the inability of the Contractor to obtain materials, equipment and labor, except as authorized by the Engineer. The length of the contact time stipulated includes any time which may be require to obtain materials, equipment, and labor. The Contractor shall be deemed to have ascertained the availability of materials, equipment and labor and considered same in its construction schedule. QUALITY OF WORK The provisions of Section 4-1.1 entitled"Materials and Workmanship" of the Standard Specifications shall apply. In addition, any work deemed unacceptable by the Engineer, whether a cause is determined or not shall be repaired or replaced by the Contractor at their expense. COMPLIANCE WITH LAWS, REGULATIONS,AND SAFE PRACTICES The Contractor shall perform all work in a safe, competent manner and in accordance with all federal, state, and local statues, regulations, ordinances, rules, and governmental orders. The Contractor will be solely and completely responsible for the conditions of the job site, including safety of all persons and property during performance of the work. This requirement will apply continuously and not be limited to normal working hours. Inspection of the Contractor's performance by the City, its agents, or employees is not intended to include review of the adequacy of the Contractor's safety measures in or near the job site. CHARACTER OF WORKERS If any subcontractor or person employed by the Contractor shall appear to the Engineer to be incompetent, intemperate, troublesome, or acts in a disorderly or otherwise objectionable manner, he shall be immediately discharge from the project on the requisition of the Engineer, and such person shall not be reemployed on the work. If said individual has an ownership interest in the contracting entity, the Engineer will serve written notice upon the Contractor and the Surety providing the faithful performance bond, in accordance with Section 6-4, "Default by Contractor," of the Standard Specifications, demanding complete and satisfactory compliance with the Contract. 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 23 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 for the Engineer, 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 Engineer 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 Engineer, or in the event of an emergency situation, the Engineer may provide suitable protection by causing such work to be done and material to be furnished as, in the opinion of the Engineer, 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. COORDINATION The contractor shall coordinate the work with Petrochem Manufacturing Inc. (PMI),who will be the supplier of the Rubberized Emulsified Asphalt Slurry (REAS) for a minimum of two consecutive weekends. This will include the staging areas, costs for the sweeping, taping(protection) of the manholes and valve covers, transfer and placement of the REAS material,placement of the temporary striping tabs, clean-up and related work. The Contact for PMI: Greg Montefiore-Petrochem Manufacturing Inc. (PMI) (310) 291-2134 Additionally, the contractor shall coordinate with all necessary City personnel and crews when necessary. TRAFFIC CONTROL The traffic control on the street will be supplied by the City of Vernon Public Works Department. Streets scheduled for slurry each day will be completely closed. PROHIBITED PARKING IN WORK AREA All traffic and parking signs will be provided and posted by the City. The City of Vernon Public Works Department will provide the 72 hours' notice for parking restrictions. CONSTRUCTION SCHEDULE The schedule for the laydown is for two consecutive weekends (two Saturdays and one Sunday). Work will take place on Saturday September 13, 2014, Sunday September 14t", and Saturday September 20th CONSTRUCTION HOURS The proposed laydown of the Rubberized Emulsion-Aggregate Slurry(REAS) seal work done shall occur on Saturday and/or Sunday between the hours of 7:00 a.m. to 1:00 p.m. Once 24 placement of the striping tabs are completed, the Contractor shall notify the City of Vernon that Contractor is ready for the City of Vernon to open the streets to traffic. City of Vernon will be responsible for opening the street to traffic. Streets shall be opened to through traffic no later than 5:30 p.m. If for any reason Contractor begins work before 7:00 a.m., or continues work after 5:30 p.m., Contractor shall pay to the City $125 of liquidated damages per 15 minute increment during which the street should be open,but is not. CONSTRUCTION ACTIVITIES COORDINATION The Contractor shall notify the City of Vernon Community Services & Water Department, Police Department, Fire Department, Utility Companies of the proposed work and coordinate all work under this contract with all Utilities and Public Agencies. MATERIAL SUBMITTALS There will be no material submittals as part of this contract agreement. MATERIAL AND EQUIPMENT STORAGE AREAS There will be no material or equipment storage areas as part of this contract agreement. All equipment shall be removed on a daily basis. PUBLIC CONVENIENCE The Contractor shall conduct operations to minimize the obstruction of access and inconvenience to the public and the City of Vernon Fire Department. DUST CONTROL The Contractor shall abate dust nuisance by supplying a power street sweeper with water spraying capability. TEMPORARY WATER METER Contractor shall obtain a temporary water meter from the City of Vernon Water Department by placing a deposit of$1,000.00. Contractor shall pay for all water used. Contractor shall not relocate the service. The Contractor shall call the City of Vernon Water Department to relocate the service and will be charged $50.00 for each relocation. PRIVATE OR PUBLIC PROPERTY DAMAGE Any damage to private or public property caused by the Contractor shall be repaired or replaced at no cost to the City. Repairs and replacements shall be at least equal to existing improvements and shall match in materials, finish and dimensions. CLEANING OF THE SITE DURING CONSTRUCTION 25 During construction, all existing improvements adjacent to the proposed slurry pavement shall be swept free from asphalt, soils, gravel, dirt or debris on a daily basis. The Contractor shall also make all necessary efforts to minimize the tracking of the fresh tack coat oil and loose asphalt aggregates on to existing improvements (sidewalks, driveways, curb and gutters, and private property). The Contractor will be responsible for such cleaning. FINAL CLEANING OF CONSTRUCTION SITE AND RESTORATION The Contractor shall be responsible for cleaning and restoration of all damaged or tracking of tack coat oil or excessive slurry on existing improvements such as sidewalk, driveway, curb and gutter, and private property at no cost to the City. The cost of furnishing and operating such sweeping after the construction of the project must be included in the various bid items, and no extra compensation will be paid to the Contractor. SANITARY FACILITIES The Contractor shall furnish and maintain sanitary facilities by the worksites for the entire construction period. B. PROPOSED RUBBERIZED EMULSION-AGGREGATE SLURRY (REAS) SEAL, TYPE II NOTIFICATION, POSTING AND SCHEDULE CHANGES Notification and Posting: The City shall deliver "Notice to Businesses and Residents" 7 days prior to the sealing of the street. The posting of "No Parking Tow Away" signs 72 hours prior to sealing will be performed by the City of Vernon. Schedule Changes There will be no requests for changes in the schedule by the contractor. Failure to meet the notified schedule will result in liquidated damages of$1,500 per day. RESPONSIBILITY The City will be responsible for the advance notification of businesses and residents. The Contractor will sweep and cover and protect valves and manholes in the streets to be sealed prior to applying slurry. 26 The Contractor will place temporary striping tabs after the placement of the slurry. The City will remove any street markings (thermoplastic) before the placement of the slurry. The City will purchase the REAS material from PMI and have it delivered to the job site. The City will place barricades, delineators, signs, flashers, and traffic control devices. The City will provide flagmen while slurry operations are in progress. The City of Vernon shall not be held responsible for the care or protection of any material or parts of the work prior to the Final Acceptance. PREPARATION OF THE EXISTING PAVEMENT SURFACE General: Prior to applying REAS slurry, all vegetation will be sprayed with Roundup and removed from cracks in the pavement and joints between the pavement and concrete gutters by the City. Manholes, valve boxes, drop inlets and other service entrances will be protected from the slurry seal by a suitable method by the Contractor. The Engineer shall approve the surface preparation prior to sealing. Street Sweeper: Contractor shall furnish a power street sweeper with operator to clean the asphalt pavement the same day the street is sealed. The sweeper shall have a steel gutter broom and a rear plastic broom, and three (3) yard minimum capacity hopper. When water is used, cracks will be allowed to dry thoroughly before slurry sealing. The Engineer shall approve the surface preparation prior to sealing. Manholes, valve boxes, drop inlets and other service entrances will be protected from the slurry seal by a suitable method. The Engineer shall approve the surface preparation prior to sealing. APPLICATION The surface should be pre-wetted by fogging ahead of the slurry box when required by local conditions. Water used in pre-wetting the surface shall be applied such that the entire surface is damp with no apparent flowing water in front of the slurry box. The rate of application of the fog spray shall be adjusted during the day to suit temperatures, surface texture, 27 humidity and dryness of the pavement surface. The slurry mixture shall be of the desired consistency upon leaving the central mix plant and no additional materials shall be added. A sufficient amount of slurry shall be carried in all parts of the spreader at all times so that a complete coverage is obtained. Overloading of the spreader shall be avoided. No lumping, balling or unmixed aggregate shall be permitted. In placing slurry, the slurry machine shall move no faster than 150' a minute, or when chatter marks appear. No streaks, such as those caused by oversized aggregate, will be left in the finished surface. If excess oversize develops, the job will be stopped until Contractor proves to the Engineer that the situation has been corrected. REAS Slurry Crew: Each slurry crew shall be composed of a English-speaking coordinator at the project site at all times, a competent quick-set mixing person, a competent licensed driver, two (2) squeegee men, and sufficient laborers for any handwork, cleanup, and traffic control. Joints: No excessive buildup, uncovered areas or unsightly appearance shall be permitted on longitudinal or transverse joints. An excessive overlap will not be permitted on longitudinal joints. Contractor shall provide suitable width spreading equipment to produce a minimum number of longitudinal joints throughout the project. When possible, longitudinal joints shall be placed on lane lines. Half passes and odd width passes will be used only in minimum amounts. If half passes are used, they shall not be the last pass of any paved area. Mix Stability: The slurry mixture shall possess sufficient stability so that premature breaking of the slurry seal in the spreader box does not occur. The mixture shall be homogeneous during and following mixing and spreading, it shall be free of excess water or emulsion and free of segregation of the emulsion and aggregate fines from the coarser aggregate. Hand Work: Areas which cannot be reached with the slurry seal machines shall be surfaced using hand squeegees to provide complete and uniform slurry seal coverage. The area to be hand worked shall be lightly dampened prior to mix placement and the slurry worked immediately. Care shall be exercised to leave no unsightly appearance from handwork or to overwork the mix. The same type finish as applied by the spreader box shall be required. Handwork shall be completed during the machine applying process. Lines: 28 Care shall be taken to insure straight lines along gutters. No runoff on these areas will be permitted. Join lines at intersections will be kept straight to provide a good appearance. Clean-up: Contractor is responsible for cleaning the REAS slurry and the tracking of the fresh oil on the existing improvements such as sidewalks, driveways, curb and gutters,private property, etc. The contractor shall also remove any debris associated with the work on a daily basis. The cost of furnishing labor and material for such cleaning shall be included in the contract, and no extra compensation will be paid to the Contractor. 29 ATTACHMENTS 1. Attachment No. 1 —Bidder's Checklist 2. Attachment No. 2— Signature Page, Legal Status, and Acknowledgement of Addenda 3. Attachment No. 3 —Bid Form 4. Attachment No. 4—Affidavit of Non-Collusion 5. Attachment No. 5 —Vendor List Questionnaire 6. Attachment No. 6— Sample Labor and Materials Contract 7. Attachment No. 7—PMI Equipment Rental Cost 8. Attachment No. 8 —Project Map 30 ATTACHMENT NO. 1 BIDDER'S CHECKLIST TO THE BIDDER: The following list is provided for the convenience of both you and the City and help eliminate errors and omissions which may render your bid unacceptable. Please check all appropriate boxes and submit with your bid. ❑ ATTACHMENT NO. 1 - BIDDERS CHECKLIST ❑ ATTACHMENT NO. 2 - SIGNATURE PAGE, LEGAL STATUS AND ACKNOWLEDGEMENT OF ADDENDA ❑ ATTACHMENT NO. 3 - BID FORM ❑ ATTACHMENT NO. 4 -AFFIDAVIT OF NON-COLLUSION FORM ❑ ATTACHMENT NO. 5 -VENDOR LIST QUESTIONNAIRE FORM ❑ ATTACHMENT NO. 6 - SAMPLE LABOR AND MATERIALS CONTRACT Bidder must submit ONE ORIGINAL AND TWO COPIES. All bids shall be enclosed in sealed envelopes, distinctly marked "Bid" with the title of the bid and the bidder's name address appearing on the outside. Bids should be addressed to: City Clerk 4305 Santa Fe Avenue Vernon, CA 90058 Mail sufficiently early or deliver in person before 2:00 p.m. on the day listed in the Notice Inviting Bids. Bids must be received in the City Clerk's Office before that time. At the bid opening, the City Clerk shall open bid package, acknowledge the receipt of the Bid Form from manufacturer/Supplier. Once all bid packages are opened and announced, the Unit Price Bid Forms will be made available for public review. 31 ATTACHMENT NO. 2 SIGNATURE PAGE, LEGAL STATUS AND ACKNOWLEDGEMENT OF ADDENDA The Bid shall be signed by an authorized signatory with his/her usual wet ink signature. An authorized signatory shall be one of the following: (1) Sole Proprietorship: An individual shall sign. (2) Partnership (General or Limited): A partner shall sign for a partnership; the partner shall give the names and addresses of all partners. (3) 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 and corporate resolution conferring signature authority is attached. (4) Joint Venture: Bidders shall use the appropriate section(s) listed above based on their applicable situation. The undersigned certifies that he/she is an official legally authorized to bind his/her firm and to enter into a contract should the City accept this bid. Bid by (Name of Firm) Legal status of bidder: Please check the appropriate box Corporation State of Incorporation Partnership List Names DBA State full name DBA Other Explain Respectfully submitted: Signature of Bidder Title (Authorized Signature) 32 Address City State Zip Telephone No. ( ) License Number: Date of Expiration: Date: (SEAL- if Bid is by a corporation) ADDENDUM NO. BIDDER'S INITIALS 1. 2. 3. 33 INCUMBENCY CERTIFICATE Print legibly the names and title of the president and all officers of the Company who are authorized to sign the Bid Forms: PRESIDENT'S AND OFFICERS' NAMES: TITLE: The undersigned hereby certifies to the City of Vernon that he/she is the duly elected and acting Secretary of (the "Company"), and that, as such, he/she is authorized to execute this Incumbency Certificate on behalf of the Company, and further certifies that the persons named above are the duly elected, qualified and acting officers 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. IN WITNESS WHEREOF, the undersigned has executed this Incumbency Certificate this day of , 20_. Print Secretary's Name Secretary's Signature 34 ATTACHMENT NO. 3 BID FORM LABOR AND EQUIPMENT FOR PLACEMENT OF TYPE II SLURRY (REAS) FOR THE DEPARTMENT OF PUBLIC WORKS, WATER & DEVELOPMENT SERVICES LUMP SUM BID Pursuant to and in compliance with the Notice Inviting Bids and all attachments and contract documents relating to the Project including all Addenda,Bidder,having become thoroughly familiar with the terms and conditions of the project and with local conditions affecting the perfonnance and the costs of the Work at the place where the Work is to be done, hereby proposes and agrees to fully perfonn the Work within the time stated in strict accordance with the bidding and contract documents(including the fiunishing of any and all labor,materials,tools,expendable equipment,and utility and transportation services and coordination necessary to fully perform the Work and complete it in a worlananike manner) for the total Lump Sum of Dollars ($ ) words Arabic figures 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 any discrepancy between the "words" listed above and the "Arabic figures" listed above, the words shall control. 35 ATTACHMENT NO. 4 AFFIDAVIT OF NON-COLLUSION CONTRACTOR STATE OF CALIFORNIA }SS COUNTY OF LOS ANGELES] being first duly sworn deposes and says that he/she is (Insert"Sole Owner","Partner","President","Secretary',or other proper title) of (Insert name of bidder) who submits herewith to the City or Vernon a proposal; That all statements of fact in such proposal are true; That such proposal was not made in the interest of or on behalf of any undisclosed person, partnership,company, association, organization or corporation; That such proposal is genuine and not collusive or sham; That said bidder has not, directly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Vernon,or of any other bidder or anyone else interested in the proposed contract; and further That prior to the public opening and reading of proposals, said bidder: a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham proposal; b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham proposal, or that anyone should refrain from bidding or withdraw his proposal; c. Did not, in any manner, directly or indirectly seek by agreement,communication or conference with anyone to raise or fix the proposal price of said bidder or of anyone else, or to raise of fix any overhead profit or cost element of this proposal price, or of that of anyone else; d. Did not, directly or indirectly, submit his proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto,to nay corporation, partnership, company, association, organization,bid depository, or to any member or agent thereof, or to any individual or group of individuals, except the City of Vernon, or to any person or persons who have a partnership or other financial interest with bidder in his business. I certify under penalty of perjury that the above information is correct By: Title: Date: 36 ATTACHMENT NO. 5 VENDOR LIST QUESTIONAIRE CITY OF VERNON 4305 Santa Fe Avenue,Vernon, California 90058 Telephone (323) 583-8811 Affidavit of Equal Opportunity & Non Set!ret!ation 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 Business Telephone Address Fax Number (optional) City State Zip Contact Person E-mail Address Tax ID Number(or Social Security Number) Remit Address (if different) Please state clearly and concisely the type(s) of goods and services your company provides: 37 ATTACHMENT NO. 6 LABOR AND MATERIALS CONTRACT BETWEEN THE CITY OF VERNON AND [CONTRACTOR'S NAME] COVER PAGE Contractor: [insert name of contractor] Responsible Principal of Contractor: [insert name, title] Notice Information- Contractor: [insert name of contractor] [insert street address] [insert city, state, zip code] Attention: [insert name, title] Phone: [insert phone number] Facsimile: [insert fax number] Notice Information - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: [insert department head] [insert department head title] Telephone: (323) 583-8811 ext. [insert] Facsimile: [insert fax number] Commencement Date: [insert commencement date] Termination Date: [insert termination date], unless extended pursuant to the Contract Consideration: Total not to exceed $[insert amount] (includes all applicable sales tax) Records Retention Period Three (3) years 38 THIS Contract is made between the CITY OF VERNON ("City"), a California charter City and California municipal corporation, and [Contractor's Name], a [State incorporated in] corporation ("Contractor") The City and Contractor agree as follows: 1.0 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. Performance Bond; D. Payment Bond; E. If required; Maintenance Bond; F. Insurance Requirements; G. If required; Contractor Submittal Log and List of Submittals Required; H. Baseline Project Schedule; I. Preliminary Schedule of Values; J. Forms Required for Compliance with Labor Law Requirements; K. Notice Inviting Bids; L. Instructions to Bidders; M. Bid Forms; N. Designation of Subcontractors; O. Bidding Addenda Nos. ; and P. Standard Specifications for Public Works Construction, 2012 Edition(Greenbook) 39 2.0 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: A. Geotechnical Reports dated ; B. Sewer Utility Plans C. {List additional documents} 3.0 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: {INSERT PROJECT NAME} Specification No. XXXX 4.0 TIME FOR PERFORMANCE Contract Time. Contractor shall achieve Substantial Completion of the Work within 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. 5.0 CONTRACT SUM AND CONDITIONS 5.1 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 dollars/no cents ($ ) ("Contract Sum"). The actual 40 direct cost of all Permit Fees is excluded from the Contract Sum, however Contractor's cost of administration and coordination of all Governmental Approvals and Utility Fees is included in the Contract Sum. 5.1.1 Retention. In addition to any other withholdings permitted by this Contract, a sum equal to five percent (5%) of all sums otherwise due to Contractor as progress payments shall be withheld by city 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 5.1.2 Disputed Amounts. Pursuant to California Public Contract Code 7107, City may deduct and withhold from the Final Payment due, 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. 5.1.3 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 submitted by Contractor in the manner required by the Contract Documents prior to or at the time of the Final Payment 5.1.4 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; 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; 5. Violation of Applicable Laws. Failure of Contractor or its Subcontractors to comply with applicable laws or lawful orders of governmental authorities; 41 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. 5.1.4.1 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. 42 5.1.4.2 Application of Withholding. City may apply sums withheld pursuant to this Contract, in payment of any loss or threatened loss as City determines, in its sole discretion, to be appropriate. Such payments maybe 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 may, in its sole discretion, elect to exercise its right to adjust the Contract Sum as provided in the Contract Documents. 5.1.4.3 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. 5.2 Contractor shall furnish all necessary and incidental labor, material, equipment, transportation and services as described in, and strictly in accordance with, and subject to all terms and conditions set forth in Specifications for , as more fully set forth in the Scope of Services, attached hereto and incorporated herein as Exhibit"A". 5.3 All work shall be done in a manner satisfactory to the City's Director of Community Service and Water("Director"), or the Director's designee, in writing, and shall be of highest quality with respect to 5.4 In the event Contractor fails to perform satisfactorily the City shall advise Contractor in writing, and Contractor shall have thirty(30) days to cure such failure to satisfactorily perform. If Contractor fails to so cure its performance within said 30 days, the City may, at its option, terminate this Contract for default without further liability, other than payment to Contractor for work performed satisfactorily prior to the date of termination. 43 6.0 LIQUIDATED DAMAGES 6.1 Contractor and City agree to liquidate damages in the amount of dollars ($ ) 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. Contractor acknowledges and agrees that the liquidated damages are intended to compensate City solely for 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. Contractor shall also be obligated to pay any liquidated damages as stated in the Contract Documents. 6.2 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 herein for each calendar day that substantial completion is delayed. 6.3 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. 6.4 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. Contractor Initial here: 7.0 TERMS AND CONDITIONS. 7.1 INDEPENDENT CONTRACTOR. 7.1.1 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 or employee of City and shall furnish such services in its own manner and method except as required by this Contract. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. Contractor shall be solely responsible 44 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. 7.1.2 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. 7.2 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. 7.3 OWNERSHIP OF WORK. All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts, studies, memoranda, computation sheets and other documents prepared by Contractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Contract. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City. 7.4 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. 7.5 WAIVER. The City's waiver of any term, condition,breach or default of this Contract shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. 7.6 SUCCESSORS. This Contract shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors and/or assigns. 7.7 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract or any rights hereunder without the prior written consent of the City and approval by the City Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Contract. No assignment shall release the original parties or otherwise constitute a novation. 45 7.8 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof. 7.9 ATTORNEY'S FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. 8.0 INTERPRETATION. 8.1 APPLICABLE LAW. This Contract, and the rights and duties of the parties hereunder(both procedural and substantive), shall be governed by and construed according to the laws of the State of California. 8.2 ENTIRE AGREEMENT. This Contract, including any Exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (written or oral). 8.3 WRITTEN AMENDMENT. This Contract may only be changed by written amendment signed by Contractor and the City Manager or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Contract shall be of no force or effect. 8.4 SEVERABILITY. If any provision in this Contract is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Contract, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Contract. 8.5 ORDER OF PRECEDENCE. In case of conflict between the terms of this Contract and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Contract shall strictly prevail. The terms of the City's Specifications shall control over the Contractor's bid. 8.6 CHOICE OF FORUM. The parties hereby agree that this Contract is to be enforced in accordance with the laws of the State of California, is entered into in the City of Vernon and that all claims or controversies arising out of or related to performance under this Contract shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum. 8.7 DUPLICATE ORIGINALS. There shall be two (2) fully signed copies of this Contract, each of which shall be deemed an original. 46 8.8 TIME OF ESSENCE. Time is strictly of the essence of this Contract and each and every covenant, term and provision hereof. 8.9 AUTHORITY OF CONTRACTOR. The Contractor hereby represents and warrants to the City that the Contractor has the right,power, legal capacity and authority to enter into and perform its obligations under this Contract, and its execution of this Contract has been duly authorized. 8.10 ARBITRATION OF DISPUTES. Any dispute for under$25,000 arising out of or relating to the negotiation, construction,performance, non-performance, breach or any other aspect of this Contract, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery. 8.11 RELEASE. Contractor agrees to release and covenants not to sue the City, its City Council and each member thereof, and its officers, employees, commission members and representatives for any damage or injury(including death) to itself, its officers, employees, agents and independent contractors damaged or claiming to be damaged from any performance under this Contract. 9.0 INDEMNITY, INSURANCE, AND BONDS 9.1 INDEMNITY. Contractor agrees to indemnify, hold harmless and defend(even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation)which in whole or in part result from, or arise out of, or are claimed to result from or to arise out of: A. any activity on or use of City's premises or facilities or any performance under this Contract; or B. any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. This agreement to indemnify includes, but is not limited to, personal injury(including death at any time) and property or other damage (including,but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including,but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public). The sole negligence or willful misconduct of City, 47 its employees or agents other than Contractor or Contractor's subcontractors are excluded from this indemnity agreement. 9.2 INSURANCE. Contractor shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Contract, including any extensions thereto. The policies shall state that they afford primary coverage. INSURANCE OBLIGATION IS SEPARATE FROM INDEMNITY OBLIGATION. This Agreement's insurance provisions are separate and independent from the indemnification and defense provisions herein; and do not limit, in any way, the applicability, scope, or obligations of the indemnification and defense provisions in this Agreement. 9.2.1 Automobile Liability with minimum limits of at least $100,000/300,000/50,000 if written on a personal automobile liability form, for using a personal vehicle; or an amount of $500,000 including owned, hired, and non-owned liability coverage if written on a Commercial automobile liability form. 9.2.2 General Liability with minimum limits of at least$1,000,000 combined single limits written on an Insurance Services Office (ISO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis. Premises/Operations and Personal Injury coverage is required. The City of Vernon, its directors, commissioners, officers, employees, agents and volunteers must be endorsed on the policy as additional insureds as respects liability arising out of the Contractor's performance of this Contract. A. If Contractor employs other contractors as part of the services rendered, Contractor's Protective Coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein. B. Blanket Contractual Coverage. C. Products/Completed Operations coverage. 9.2.3 Contractor shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. Compliance is accomplished in one of the following manners: 48 A. Provide copy of permissive self-insurance certificate approved by the State of California; or B. Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability Insurance with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Contract; or C. Provide a "waiver" form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Contract. 9.2.4 Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty(30) days'prior written notice to City. 9.2.5 Insurance shall be placed with insurers with a Best's rating of no less than B:VIII. 9.2.6 Prior to commencement of performance, Contractor shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s)must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. 9.2.7 Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Contractor shall immediately notify City and cease all performance under this Contract until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against Contractor by way of set-off or recoupment from sums due Contractor, at City's option; (b) immediately terminate this Contract; or(c) self insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Contractor,by way of set-off or recoupment from any sums due Contractor. 49 9.3 REQUIRED BONDS. 9.3.1 Contractor shall furnish the following bonds: A. A Performance Bond in an amount equal to one hundred percent(100%) of the total Contract price. B. A Payment Bond(Labor and Material) in an amount equal to one hundred percent (100%) of the total Contract price. 9.3.2 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. 9.3.3 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 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. 9.3.4 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. 9.3.5 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. 9.3.6 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 50 any surety from liability on any bond or bonds required to be given herein. Notice of such events shall be waived by the surety. 9.3.7 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. 10.0 NOTICES. Any notice or demand to be given by one party to the other shall be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice. If to the City: City of Vernon 4305 Santa Fe Ave. Vernon, CA 90058 With a Copy to: If to the Contractor: Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed,upon receipt or upon expiration of three (3)business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. 11.0 TERMINATION FOR CONVENIENCE (Without Cause). City may terminate this Contract in whole or in part at any time, for any cause or without cause, upon fifteen(15) calendar days'written notice to Contractor. If the Contract is thus terminated by City for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause. 12.0 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Contract by written notice to the defaulting party. The notice shall specify the basis for the default. The Contract shall terminate unless such default is cured before the effective date of termination stated in such notice,which date shall be no sooner than ten (10) days after the date of the notice. 51 Termination for cause shall relieve the terminating party of further liability or responsibility under this Contract, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of(1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and(2) costs incurred by the City in obtaining substitute performance. 13.0 ASSIGNMENT OF ANTITRUST CAUSES OF ACTION. Contractor hereby agrees to assign to the City all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act(15 U.S.C. Sec 15) or under the Cartwright Act Chapter 2 (Commencing with Section 16700) or part 2 of Division 7 of the Business and Professions Code, or any similar or successor provisions of Federal or State law, arising from purchases of goods, services or materials pursuant to this Contract or the subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties. 14.0 ADDITIONAL ASSURANCES 14.1 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this contract, the contractor 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. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit"E". 14.2 VERNON BUSINESS LICENSE. Contractor shall obtain, and pay any and all costs associated therewith, any Vernon Business License which may be required by the Vernon Municipal Code. 14.3 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 Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. The Contractor shall maintain and preserve all such records for a period of at least 3 years after termination of the Contract. The Contractor shall maintain all such records in the City of Vernon. 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 52 other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 14.4 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. 14.5 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay. 14.6 LIVING WAGES. Contractor, or Subcontractor, if any, working on City service contracts of any amount, as to all employees spending time on City contracts shall observe the City's Living Wage Ordinance and all requirements thereof at all times on City contracts. The Current Living Wage Standards are set forth in Exhibit"D". Upon request, certified payroll shall be provided to the City. [Signatures Begin on Next Page]. 53 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated in the introductory clause. City of Vernon, a California charter City [CONTRACTOR'S NAME, a [State and California municipal corporation incorporated in] corporation By: By: Name: Mark Whitworth, City Administrator Title: CONTRACTOR'S SIGNATURE MUST BE NOTARIZED ATTEST: By: Name: Title: Ana Barcia, Deputy City Clerk APPROVED AS TO FORM: Scott Porter, Deputy City Attorney 54 EXHIBIT A SCOPE OF SERVICES 55 EXHIBIT B PROPOSAL 56 EXHIBIT C SCHEDULE OF WORK 57 EXHIBIT D LIVING WAGE PROVISIONS Minimum Living Wages: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or$11.55 per hour without health benefits. Paid and Unpaid Days Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. 58 EXHIBIT E EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. 59 ATTACHMENT NO. 7 PMI EQUIPMENT RENTAL COST NO. DESCRIPTION QUANTITIES UNIT UNIT COST ($) ITEM TYPE COST ($) ESTIMATE Applicator 1 Trucks(Two 6 TRUCK $2,520.00 $15,120.00 $15,120.00 Trucks need per day) One(1)Service 2 Truck w/Pumper 3 TRUCK $475.00 $1,425.00 $1,425.00 (One Truck needed per day) One(1) Slurry Pump 3 3 UNIT $500.00 $1,500.00 $1,500.00 One(1) Slurry 4 Box(One needed 3 UNIT $250.00 $750.00 $750.00 per day) 5 Transport Trailers 18 LOAD $150.00 $2,700.00 $2,700.00 Total Estimated Equipment Charges $21,495.00 60 ATTACHMENT NO. 8 PROJECT MAP 61 C I TY 0 F V E R N 0 N ---- — ------ — — 1 �z < O q 9 it pl1�0it O �N � IWI EtT �/L� _ � O ' ` '�► r—� R 0 4. 1905 ` lG coUNP ,�¢ 0. ° 3 IV o zP `� ELY IN v f � ---OS=max sr ¢P srRfeT `� ae oe1H cr z k u a z. 3 s ` ? r % / arEg6 S of s °,ar `e 9yN o LL k k �m N, ° a > oFop = Ro=,REST og.aEE. I r a I w a ,F aI -/ SCALE IN FEET r.=raEEr I PROJECT MAP I o '- - I CITYWIDE SLURRY SEAL p m ° S� I ( REAS ) I PHASE III LEGEND : I 3 I SLURRY SEAL LOCATIONS I I CITY OF VERNON - - - � CONTRACT NO . CS -04B 7 RECEIVED AU G 1 3 2014 CITY CLERK'S OFFICE STAFF REPORT CITY ADMINISTRATION DATE: August 19,2014 TO: Honorable Mayor and City Council FROM: Mark C. Whitworth, City Administrator RE: An Ordinance of the City Council of the City of Vernon amending Section 2.174(a)(3) of the Vernon Municipal Code to Modify the Qualifications of one of the Appointment Categories for the Vernon Business and Industry Commission Recommendations It is recommended that the City Council: 1) Find that approval, and subsequent adoption,of the proposed ordinance is exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. 2) Hold the first reading of, and subsequently adopt, the attached ordinance to modify the qualifications of the "Labor" appointment category for the Vernon Business and Industry Commission. Background On July 15, 2014, the City Council adopted Ordinance No. 1223 to establish the Vernon Business and Industry Commission ("VBIC") and specify the membership and duties of said commission. The VBIC replaces the Ad Hoc Advisory Committees on Electric Rates and Business Development on a more formal and permanent basis. The Ordinance requires the 7-member Commission to be composed as follows: Business: Three (3) individuals, each of whom represents the owner or operator of a business located in Vernon. Real Estate: Two (2) individuals, each of whom has knowledge of the Vernon real estate market. Labor: One (1) individual who is employed by a business located in Vernon and who is a member of a labor union that represents workers at that same business. City Council: One (1) current member,ofthe Vernon City Council Subsequent to Council's adoption of Ordinance No. 1223, City staff disseminated the attached notice and interest form to seek qualified candidates. As of the submission deadline of August 11, 2014, City staff had received eight applications for the Business seats and seven applications for the Real Estate seats. All applicants appear to meet the qualifications of the respective categories for which they have applied. As of August 11, 2014, City staff had not received any applications for the Labor seat. However, staff had received interest from two persons who met a portion of the qualifications for said seat. In an effort to generate applications for the Labor seat, staff recommends the qualifications for said seat(Vernon Municipal Code Section 2.174(a)(3))be amended to read as follows: "One (1) individual who is employed by a business located in Vernon or who is a member of a labor union that represents workers at a business located in Vernon." Fiscal Impact There is no cost to implement the proposed ordinance. Attachments 11 or­( 4305 Santa Fe Avenue,Vernon, California 90058 Telephone(323)583-8811 July 21,2014 TO: Representatives of the Vernon Business,Real Estate,and Labor Communities SUBJECT: Seeking Interested Business Owners/Operators,Real Estate Professionals,and Labor Representatives to Serve on the Vernon Business and Industry Commission Background. The Vernon Business and Industry Commission ("VBIC" or"Commission") has been established to assist City officials and staff in developing ways to make the City of Vernon more attractive to businesses, employees, and investors, while appropriately considering the needs and concerns of the residential communities within and in close proximity to Vernon. The Commission is also intended to provide a special forum to address public concerns related to the City's business and industrial development related costs,procedures, and activities. The Commission replaces the Ad Hoc Advisory Committees on Electric Rates and Business Development and is the fulfillment of an important element of the City's good governance reforms. The seven-member Commission must include: Business: Three(3)individuals,each of whom represents the owner or operator of a business located in Vernon. Real Estate: Two(2)individuals,each of whom has knowledge of the Vernon real estate market. Labor: One(1) individual who is employed by a business located in Vernon and who is a member of a labor union that represents workers at that same business. City Council: One(1)current member of the Vernon City Council. Commission member terms shall be for a period of four years (July 1 to June 30). No member shall serve more than two (2) full consecutive terms. The City Council is expected to make appointments to the Commission in August 2014. The inaugural Commission meeting is expected to occur in September or October 2014. The Commission expects to hold approximately four meetings per year. Invitation to Analy. The City seeks to fill the Commission seats represented by Vernon business owners/operators, real estate professionals, and labor representatives and encourages all qualified individuals to apply. Those with an interest in good government and experience in public service and business and economic development are especially needed to devote time to this important public body. The Commission is subject to state open meeting laws and regulations related to good government such as the Ralph M. Brown Act and the Political Reform Act. Appointees will be required to submit Statements of Economic Interests (Form 700s) annually. For more information on the Vernon Business and Industry Commission and related responsibilities, please refer to Ordinance No. 1223 available on the City's website (cityofvernon.org). To be considered for appointment to the Commission,please complete and submit the attached form by August 11,2014. E,cfusivefy Industnaf f 0 f 1-T w > f 4305 Santa Fe Avenue,Vernon,California 90058 Telephone (323)583-8811 VERNON BUSINESS AND INDUSTRY COMMISSION Prospective Commission Member Interest Form July 21, 2014 Appointing Category (please circle one): Business Real Estate Labor Name: Business Name: Title: Vernon Address: Email: Phone: Qualifications and Reasons for Interest in Serving on the Commission (attach additional sheet if necessary): NOTE: By signing below, you affirm that you meet the requirements of the appointing category you have indicated. Signature: NOTE: Please submit completed form by Monday, August 11, 2014, at 5:30 p.m. Mail form to: City Administrator's Office, 4305 Santa Fe Avenue, Vernon, CA 90058- Attn: Kristen Enomoto. Email form to: kenomoto@ci.vernon.ca.us. City of Vernon,4305 Santa Fe Avenue,Vernon, California 90058-Telephone(323)583-8811 ORDINANCE NO 1225; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING SECTION 2 . 174 (A) (3) OF THE VERNON. MUNICIPAL CODE TO MODIFY THE QUALIFICATIONS OF ONE OF THE. APPOINTMENT CATEGORIES FOR 'THE VERNON BUSINESS AND INDUSTRY COMMISSION WHEREAS, the City of Vernon (the "City") is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California; and WHEREAS,. on July 15, 2014, the City Council of the City of Vernon adopted Ordinance No. 1223 adding Article XXI to Chapter 2 of the Vernon Municipal Code to establish the Vernon Business and Industry Commission (the "Commission") and to specify the membership and duties of said Commission; and WHEREAS, the City Council of the City of Vernon desires to amend Section 2 .174 (a) (3) of the. Vernon Municipal Code; THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1 The City Council of the City of Vernon hereby finds and determines that all the foregoing recitals are true and correct . Section 2 Section 2 . 174 (a) (3). of the Vernon Municipal Code is hereby amended to read as follows: (3) One (1) individual who is employed by a business located in Vernon for who is a member of a labor union that represents the workers at a that, ? e business located in. Vernon. SECTION 3 : Repeal . Any ordinance or parts of ordinances in conflict with this Ordinance are hereby repealed. SECTION 4 : Severability. If any chapter, article, section, subsection, subdivision; paragraph, sentence, clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof . The City Council hereby declares that it would have adopted_ this Ordinance and each chapter, articles, section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more chapters, articles, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases or words be declared unconstitutional, or invalid, or ineffective SECTION 5 Book of Ordinances .' The City Clerk . or Deputy City Clerk, shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk' s, or Deputy City Clerk' s, certification to be entered in the Book of Ordinances of the Council of this City. The City Clerk, or Deputy City Clerk, shall cause this ordinance to bepublished or posted as required by law. _ 2 _ SECTION .6 Effective Date This Ordinance shall go into effect and be in full force and effect at 12 :01 a.m. on the thirty- first (31st) day after its passage APPROVED AND ADOPTED this day of , 2014 . Name: Title: Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: Scott E. Porter, Deputy City Attorney STATE OF CALIFORNIA ) ss COUNTY OF .LOS ANGELES ) I City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. `1225 was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held in the City of Vernon on Tuesday, August 19, 2014, and thereafter adopted at a meeting of said City Council held on Tuesday, , by the following vote: AYES Councilmembersc NOES Councilmembersc ABSENT: Councilmembers : And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of 2014 , at Vernon, California. City Clerk / Deputy City Clerk (SEAL) - 4 -