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20150120 Regular City Council Meeting - Packet
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, no appointment necessary, and on the City's website at www.cityofvemon.org. Americans with Disabilities Act("ADA"): In compliance with the ADA, if you need special assistance to participate in the 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 Regular City Council Meeting Tuesday, January 20, 2015, 9:00 a.m. Council Chamber 4305 Santa Fe Avenue Vernon, California 05 � 'ID os�¢ W. Michael McCormick, Mayor sl� LY pro William J. Davis, Mayor Pro-Tem Richard J. Maisano, Council Member Luz Martinez, Council Member Vacant, 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. If you would like to comment concerning a matter that is noticed for a public hearing today, please wait until that hearing is formally opened before making your comment. PRESENTATIONS 1. Personnel Matters - Service Pin Awards. December 2014 Anniversary Employee Name Job Title Years 1. Deborah Juarez Records Management Assistant 25 2. Carlos Gudino Senior Street Maintenance Worker 20 Regular City Council Meeting Agenda January 20, 2015 2. Presentation of the 2015 Used Oil Calendar Awards to the Vernon Elementary School, and Sponsor recognition plaques. 3. The California Highway Patrol (CHP) "10851" Grand Theft Auto Recovery Award presentation recognizing Officer Edward Hernandez. 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 4. None Minutes— To be Received and Filed 5. Minutes of the Regular City Council Meeting held January 6, 2015. 6. Minutes of the Special City Council Meeting held January 8, 2015. Warrant Registers 7. Approval of City Payroll Warrant Register No. 703, totaling $2,968,905.96, which covers the period of December 1, through December 31, 2014, and consists of the following: a. Ratification of direct deposits, checks and taxes totaling $1,930,551.78; and b. Checks and electronic fund transfers totaling $1,038,354.18. 8. Approval of City Warrant Register No. 1416, totaling $1,330,304.83, which covers the period of December 23, 2014, through January 12, 2015, and consists of the following: a. Ratification of wire transfers totaling $1,011,906.46; and b. Ratification of the issuance of early checks totaling $159,262.57; and c. Authorization to issue pending checks totaling $159,135.80. 9. Approval of Light& Power Warrant Register No. 381, totaling $7,294,678.24,which covers the period of December 23, 2014, through January 12, 2015, and consists of the following: a. Ratification of wire transfers totaling $7,025,906.32; and b. Ratification of the issuance of early checks totaling $243,762.70; and c. Authorization to issue pending checks totaling $25,009.22. 10. Approval of Gas Warrant Register No. 169, totaling $1,934,155.14,which covers the period of December 23, 2014, through January 12, 2015, and consists of the following: Page 2 of 6 Regular City Council Meeting Agenda January 20, 2015 a. Ratification of the issuance of early checks totaling $1,929,328.64; and b. Authorization to issue pending checks totaling $4,826.50. Fire Department 11. Activity Report for the period of December 16 through December 31, 2014, to be received and filed. Health and Environmental Control Department 12. December 2014 Monthly Report, to be received and filed. Human Resources Department 13. Approving and Authorizing the execution of a new At-Will Employment Agreement by and between the City of Vernon and Zaynah N. Moussa. Recommendation: (1) Find that approval of the proposed At-Will Employment Agreement 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) Approve the At-Will Employment Agreement(the "Agreement")with Zaynah N. Moussa, in substantially the same form as submitted with the staff report, effective January 20, 2015. The proposed Agreement is the standard at-will employment agreement form approved by City Council for other executive positions and includes a few minor updates. Police Department 14. Activity Log and Statistical Summary of Arrests and Activities for the period of December 16, through December 31, 2014,to be received and filed. Public Works, Water and Development Services Department 15. Building Department Report for the month of December 2014, and the Annual Building Report for 2014, to be received and filed. 16. Bid Award for Contract No. CS-0522 to Furnish and Install One New 300KW Cummins Diesel Power Generator. Recommendation: (1) Find that the proposed project is exempt under the California Environmental Quality Act ("CEQA") in accordance with Section 15302 (C),because the proposed project consists of the replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity; and (2) Accept the bid from Cora Constructors, Inc., as the lowest responsive and responsible bidder and enter into a Labor and Materials Contract, in substantially the same form as submitted with the staff report, for an amount not to exceed $216,418.00, for Contract No. CS-0522 to Furnish and Page 3 of 6 Regular City Council Meeting Agenda January 20, 2015 Install One New 300KW Cummins Diesel Power Generator. Furthermore, authorize a contingency in the amount of$35,000.00 in the event an unexpected changed condition in the project occurs and grant authority to the City Administrator to issue a change order for an amount up to the contingency amount. 17. Approve Quitclaim Deed and Fire Lane Easement at 2825 Santa Fe Avenue. Recommendation: (1) Find that the Quitclaim Deed and Fire Lane Easement are categorically 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) Accept the Quitclaim Deed and Fire Lane Easement and authorize the Mayor and Deputy City Clerk to execute said document. NEW BUSINESS City Clerk Department 18. A Resolution of the City Council of the City of Vernon Rescinding the Submission of Ballot Measure N to the Voters of the City of Vernon as part of the General Municipal Election to be held on April 14, 2015, and Repealing Certain Subsections of Resolution No. 2015-02. Recommendation: (1) Find that approval of the resolution 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) Approve the resolution rescinding the submission of ballot Measure N to the voters of the City of Vernon,which proposed to amend Chapter 3.3 of Article III of the City Charter, as part of the General Municipal Election to be held on April 14, 2015. Gas and Electric Department 19. Renewable Portfolio Standard Annual Status Report for Calendar Year 2014. Recommendation: (1) Find that the approval requested 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) Receive and acknowledge the annual Renewable Portfolio Standard("RPS") Report for Calendar Year 2014 as presented by the Vernon Gas & Electric Department. This report is for informational purposes only. There is no fiscal impact. Page 4 of 6 Regular City Council Meeting Agenda January 20, 2015 20. Approve the Usage of a Distinctive Logo for Vernon Gas & Electric. Recommendation: (1) Find that the proposed 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) Approve the implementation of a new logo design for Vernon Gas &Electric (VG&E), created to identify Vernon's utility as a unique entity within the City of Vernon municipal service infrastructure. Human Resources Department 21. Approval and Authorization to execute a Services Agreement by and between the City of Vernon and Athens Administrators. Recommendation: (1) Find that approval of a services agreement with Athens Administrators to administer the City's self-insured workers compensation 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) Approve the services agreement and authorize the City Administrator's execution of a three (3) year services agreement, in substantially the same form as submitted with the staff report, with Athens Administrators to provide third party administration services for the City's self-insured workers compensation program. Public Works, Water and Development Services Department 22. Subrecipient Agreement between the City of Vernon and the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority. Recommendation: (1) Find that approval of the proposed agreement is exempt under the California Environmental Quality Act("CEQA") in accordance with Section 15301 (b), involving existing projects with negligible or no expansion of use beyond that existing at the lead agency's determination; and (2) Approve the attached Subrecipient Agreement between the City of Vernon ("City") and Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority ("GWMA"), in substantially the same form as submitted with the staff report, and authorize the City Administrator to execute the agreement on behalf of the City. 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. Page 5 of 6 Regular City Council Meeting Agenda January 20, 2015 NEW BUSINESS (Continued) 25. City Council Determination in the Grievance Appeal Process Rel!ardin2 the City of Vernon Firemen's Association Grievance of Article, Three, Section 7 of the 2012-2014 MOU—Merit Step Advancement. Recommendation: (1) Find that the staff report outlining the background of and staff s recommendation to deny a grievance filed by the City of Vernon Firemen's Association("VFA") 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) Deny the grievance filed on behalf of the Vernon Firemen's Association, and all represented VFA employees alleging breach of merit salary step provision in applicable 2012-2014 Memorandum of Understanding between the VFA and the City. CLOSED SESSION 26. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation. Government Code Section 54956.9(d)(2) Number of potential cases: I 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 15th day of January 2015. By: Ana Barcia Deputy City Clerk Page 6 of 6 G ® uf RECEIVED P�� � -FLY 1No�y� JAN 0 5 2015 � C�� CITY ADMI ��S� NISTRATIO t0 STAFF REPORT N HUMAN RESOURCES DEPARTMENT DATE: January 20,2015 TO: Honorable Mayor and City Council FROM: Teresa McAllister,Director of Human Rcsourcesyvl� RE: Service Pin Awards for December 2014 Recommendation City Council to present Service Pins to those employees hired in December. 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. N O .d+ y N ON cWt� o z N P N o � V U H N A p ` RECEIVED RECEIVED � 'T}� JAN 15 2015 ''Ftrr trtn JAN 12 2015 CITY CLERK'S OFFICE STAFF REPORT CITY ADMINISTRATIO HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT DATE: January 20, 2015 TO: Honorable Mayor and City Council FROM: Leonard Grossberg, Director/Health Officer RE: 2015 Used Oil Calendar Awards Presentation RECOMMENDATION: Presentation of the 2015 Used Oil Calendar Awards to the Vernon Elementary School, and Sponsor recognition plaques. BACKGROUND: On an annual basis our department and our Used Oil consultant conduct a contest for the Vernon Elementary Fifth Grade students to prepare drawings for the City of Vernon Used Oil Recycling Calendar. The drawings from twelve students are included on this year's calendar. The Fifth Grade class, teacher, and the school principal will be in attendance for the awards presentation for the student participants and winners and Vernon business sponsors. The business sponsors provide funds for the printing of the calendars, students' trophies and prizes. Following the City Council's direction, our department has invited to the January 200th, 2015 City Council meeting, the Fifth Grade class, teacher, and the school principal for an awards presentation for the students and Vernon Business sponsors. With the assistance of KJ Services (Kevin and Marianna Sales), we will be presenting at the January 20th City Council meeting, the following awards to the winners of the 2015 City of Vernon Used Oil Recycling Calendar Contest: Honorable Mention Winners -Nicholas Sanchez, Carolina Corvera, Derek Izaguirre, Angel Perez, Angela Athena Mitchell, Diana Hernandez Cortes, Ulises Carreon, Denise Lara Trophy $100 Target gift card $70 California Science Center gift certificate $25 McDonald's gift card 4 tickets for Regal Cinemas 0j 3rd Prize Winner- Esmeralda Alvarez Garcia Trophy $125 Target gift card $70 California Science Center gift certificate $25 McDonald's gift card 4 tickets for Regal Cinemas 2nd Prize Winner- Michelle Sanchez Trophy $125 Target gift card $70 California Science Center gift certificate $25 McDonald's gift card 4 tickets for Regal Cinemas 1 st Prize Winner- Yahir Sanchez Trophy $125 Target gift card $70 California Science Center gift certificate $25 McDonald's gift card 4 tickets for Regal Cinemas Grand Prize Winner- Evelyn Torres Trophy $150 Target gift card $70 California Science Center gift certificate $25 McDonald's gift card 4 tickets for Regal Cinemas We are also recognizing the 51h grade teachers and principal from Vernon City School for their support of the Used Oil Calendar Program: Mr. Trujillo $250 Staples Gift Card for Classroom supplies Mrs. Quon $250 Staples Gift Card for Classroom supplies Principal Fabiola Hernandez $500 Staples Gift Card for School In addition, we will be presenting appreciation plaques to the following businesses for supporting the program and providing the funds for the calendar printing, gifts and trophies: Printing Sponsor Baker Commodities Platinum Sponsor Farmer John Foods Gold Sponsors Asbury Environmental Services Exide Technologies ExxonMobil R U.S. Growers Cold Storage Julie's Closet Golden West Trading, Inc. Lubricating Specialties Co. Hormel Foods Corp. Silver Sponsors The Alpert Group Strategic Materials Vernon Chamber of Commerce Bronze Sponsors Athens Services Norman, Fox&Co. FISCAL IMPACT: None; all costs incurred in this program are covered by generous donations from Vernon businesses. A grant received for $5,000 from CalRecycle is used to manage the program and is awarded to our consultant KJServices annually. 9cLG:MyDocs/Z/Used Oil Grants/Used Oil Calendar/City Council Staff Report 2015s.doc S�C v �� RECEIVED F �LrLF[T 1M 9y�S JAN 0 8 2015 JAN 15 Z015 STAFF REPORT CITY ADMINISTRATION CITY CLERKSOFFI VERNON POLICE DEPARTMENT DATE: January 20, 2015 TO: Honorable Mayor and Council Members FROM: Daniel Calleros, Chief of Police DC RE: 10851 Grand Theft Auto Award Presentation Recommendation The Police Department in conjunction with a representative from the California Highway Patrol (CHP) will conduct an award presentation for the recipient of the CHP 10851" Grand Theft Auto Recovery Award. ' Background The 10851 Grand Theft Auto Award is named after the California Vehicle Code section relating to the theft of motor vehicles. The award is sponsored by the CHP and recognizes police officers throughout California who have been proactive in recovering stolen vehicles and apprehending criminals specifically involved in auto theft. The 10851 pin is given to uniform officers who, during a 12-month period, have achieved any of the following criteria: 1. Made six separate theft recoveries cleared by arrests. 2. Recover twelve (12) stolen vehicles, of which a minimum of three must be cleared by arrests. Vernon Police Officer Edward Hernandez (1st award) has achieved this benchmark. Fiscal Impact There is no fiscal impact to the City general budget. MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, JANUARY 6, 2015, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: McCormick, Davis, Maisano, Martinez MEMBERS ABSENT: None The meeting was called to order at 9:01 a.m. by Mayor McCormick; Fire Chief Michael Wilson 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 also be given an opportunity to comment on matters on the posted agenda during Council deliberation. Public comment concerning a matter that is noticed for a public meeting should wait until that hearing is formally opened. No one responded. PUBLIC HEARINGS 1. Public comment on the establishment of Vernon's revised new Existing Transmission Contract Adjustment for high voltage (over 200 kV)transmission entitlements (all locations outside the City) pursuant to Vernon's Transmission Owner Tariff. Resolution No. 2015-01 -A Resolution of the City Council of the City of Vernon adopting a revised new Transmission Revenue Requirement for 2015 in accordance with Vernon's Transmission Owner Tariff and providing for tariff sheet changes to implement the adjustment. Recommendation: (1) Find that the approvals requested are 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) Approve the Resolution to thereby: a. Approve, pursuant to the Transmission Owner Tariff, and to be effective on January 1, 2015, the establishment of the City's new revised Transmission Revenue Requirement(TRR) and Appendix I to the TO Tariff implementing the revised new TRR, as described in the Gas & Electric TRR Report dated on or about January 6, 2015; and b. Authorize outside counsel to submit the City's TRR, the amended Appendix I to the Vernon TO Tariff, and supporting documentation such as the revised TRR Report, to the Federal Energy Regulatory Commission(FERC) on behalf of the City of Vernon. Director of Gas and Electric Carlos Fandino provided the oral report on the proposed recommendation. Council had no questions of staff. At 9:03 a.m., Mayor McCormick opened the hearing for public comment. With no comment from the public, at 9:04 a.m. the hearing was closed. Regular City Council Meeting Minutes January 6, 2015 It was moved by Maisano and seconded by Davis to approve Resolution No. 2015-01. Motion carried, 4-0. CONSENT CALENDAR It was moved by Martinez and seconded by Davis to approve all matters listed under the Consent Calendar under one motion. Motion carried, 4-0. Claims Against the City—Received and Filed 2. None Minutes—To be Received and Filed 3. Minutes of the Special City Council Meeting held December 9, 2014. 4. Minutes of the Regular City Council Meeting held December 16, 2014. 5. Minutes of the Adjourned Regular City Council Meeting held December 22, 2014. Warrant Registers 6. Approval of City Warrant Register No. 1415, totaling$1,153,259.05,which covers the period of December 9, through December 22, 2014 and consists of the following: a. Ratification of wire transfers totaling $602,959.68; and b. Ratification of the issuance of early checks totaling $339,327.79; and c. Authorization to issue pending checks totaling $210,971.58. 7. Approval of Light & Power Warrant Register No. 380, totaling $1,167,734.71, which covers the period of December 9, through December 22, 2014 and consists of the following: a. Ratification of wire transfers totaling $1,092,283.82; and b. Ratification of the issuance of early checks totaling $75,450.89. 8. Approval of Gas Warrant Register No. 168, totaling $10,575.88,which covers the period of December 9, through December 22, 2014 and consists of the following: a. Ratification of the issuance of early checks totaling $10,575.88. Fire Department 9. Activity Report for the period of November 16, through November 30, 2014, to be received and filed. 10. Activity Report for the period of December 1, through December 15, 2014, to be received and filed. Police Department 11. Activity Log and Statistical Summary of Arrests and Activities for the period of December 1, through December 15, 2014, to be received and filed. 12. Authorize the Police Chief to execute an agreement with the Drug Enforcement Administration (DEA), for continued participation in the Southwest Border Initiative (SWBI) taskforce. Page 2 of 6 Regular City Council Meeting Minutes January 6, 2015 Recommendation: (1) Find that the proposed agreement with the Drug Enforcement Administration for continued participation in the Southwest Border Initiative ("SWBI") taskforce 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 with the staff report, for continued participation in the Southwest Border Initiative (SWBI) taskforce. NEW BUSINESS City Administration Department 13. Appointment to the Vacant Real Estate Seat on the Vernon Business and Industry Commission. Recommendation: (1) Find that the appointment of individuals to serve on the Vernon Business and Industry Commission 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) Appoint one individual to fill the vacant Real Estate seat on the Vernon Business and Industry Commission. Deputy City Administrator Kristen Enomoto reported on the vacancy and potential candidates to fill the vacant seat. Mayor McCormick recommended Ken Jackson to fill the vacant Real Estate seat. With no other recommendations, it was moved by Davis and seconded by Maisano to appoint Ken Jackson to the Vernon Business and Industry Commission. Motion carried, 4-0. City Clerk Department 14. Resolution No. 2015-02 -A Resolution of the City Council of the City of Vernon ordering that measures to amend the City Charter amending chapters 3.3 and 3.7 Of Article III and chapter 7.4 of Article VII be submitted to the voters of the City at the April 14, 2015, General Municipal Election. Recommendation: (1) Find that approval of the resolution 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, as the proposed is administrative in nature; and (2) Approve the resolution providing ballot measures to the voters of the City as part of the general municipal election to be held on April 14, 2015. Deputy City Clerk Ana Barcia provided the oral report on the proposed. Barcia noted that pursuant to California Election Code, the anticipated measure establishing additional compensation for the Mayor as referenced in Resolution No. 2014-74,will need to be addressed at a statewide general election. It was moved by Maisano and seconded by Davis to approve Resolution No. 2015-02. Motion carried, 4-0. Public Works,Water and Development Services Department 15. Proposed Street Vacation for a Portion of Ayers Avenue South of Bandini Boulevard. Page 3 of 6 Regular City Council Meeting Minutes January 6, 2015 Recommendation: (1) Find that the proposed street vacation is not subject to the provisions of the California Environmental Quality Act("CEQA")pursuant to CEQA Guidelines Section 15061(b)(3), where there is no possibility that this activity may have a significant effect on the environment, and where the proposed street vacation is categorically exempt from review pursuant to CEQA Guidelines Section 15305, Minor Alterations in Land Use Limitations; and (2) Find that the proposed street vacation of a portion of Ayers Avenue is in conformity with the General Plan and authorize the Public Works, Water& Development Services Department to proceed with vacation procedures in accordance with Division 9 of the Streets and Highways Code, otherwise known as the Public Streets, Highway and Service Easements Vacation Law for a portion of Ayers Avenue and set a hearing for such matter on February 3, 2015. Director of Public Works, Water and Development Services Kevin Wilson presented on the recommendation. In response to Mayor Pro-Tem Davis, Wilson reported on the portion's dimensions. It was moved by Maisano and seconded by Martinez to authorize the vacation of a portion of Ayers Avenue. Motion carried, 4-0. 16. Approval of a Notice Inviting Bids per Contract CS-0525 for the Purchase of Well Pump Equipment for Production Well No. 19. Recommendation: (1) Find that approval of the proposed Notice Inviting Bids is exempt under the California Environmental Quality Act ("CEQA") in accordance with Section 15301 (b), involving existing projects with negligible or no expansion of use beyond that existing at the lead agency's determination; and (2) Approve the Notice Inviting Bids,per Contract CS-0525 for the Purchase of Well Pump Equipment for Production Well No. 19. Director of Public Works, Water and Development Services Kevin Wilson reported on the needed repairs and request to bid the purchase of the equipment. It was moved by Davis and seconded by Maisano to approve the notice inviting bids per Contract CS-0525. Motion carried, 4-0. 17. Amendment No. 1 to the existing Labor and Materials Contract between the City of Vernon and Haul-Away Rubbish Services Company, Inc., for Refuse Collection, Recycling, and Disposal Services, Contract No. CS-0448. Recommendation: (1) Find that the approval of Amendment No. 1 proposed in this staff report, 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) Guidelines Section 15301, because the proposed Amendment No. 1 involves the maintenance of existing facilities with no expansion of the existing use; and (2) Approve Amendment No. 1 to the existing Labor and Materials Contract between the City of Vernon and Haul-Away Rubbish Service Company, Inc., for Refuse Collection, Recycling and Disposal Services, Contract No. CS-0448 to increase the total compensation an additional $732.00 per each fiscal year in order to add two trash carts at 4990 Seville Avenue, in Vernon: one (1) three (3) yard bin, regular trash, to be disposed of one (1) time per week and one (1)three (3) yard bin, recycle, to be disposed of one (1) time per week. Director of Public Works, Water and Development Services Kevin Wilson reported on the proposed amendment to the service agreement. Page 4 of 6 Regular City Council Meeting Minutes January 6, 2015 It was moved by Martinez and seconded by Davis to approve Amendment No. 1 to the Haul- Away Rubbish Services Company, Inc. refuse collection, recycling, and disposal services agreement, Contract No. CS-0448. Motion carried, 4-0. OLD BUSINESS Human Resources Department 18. Ratification of the At-Will Employment Agreement by and between the City of Vernon and Mark C.Whitworth. Recommendation: (1) Find that ratification of the resolution approving a new At-Will Employment Agreement with Mark Whitworth 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) Ratify the approval of the At-Will Employment Agreement by and between the City of Vernon and Mark C. Whitworth, effective January 1, 2015, to continue serving as the City Administrator(Resolution No. 2014-75) City Administrator Mark Whitworth recused himself from the meeting and exited the Council Chamber. Director of Human Resources Teresa McAllister reported on the item. It was moved by Maisano and seconded by Davis to ratify the approval of Resolution No. 2014- 75. Motion carried, 4-0. Whitworth reentered the meeting and Council Chamber. ORAL REPORTS 19. City Administrator Reports—brief reports on activities and other brief announcements by the City Administrator and Department Heads. 20. City Council Reports—brief report on activities, announcements, or directives to staff. Police Chief Daniel Calleros reported on recent incidents in the City and the result of a DUI checkpoint on New Year's Eve. Police Captain Michael Gillman reported on a reckless driving incident that resulted in damage to public property. Mayor McCormick reported vandalism observed in the City. Fire Chief Michael Wilson reported on the Fire Department's activity including equipment testing and inspections. He reported on the Spark of Love's, toy drive, success. Wilson announced upcoming inspections and staff training. Director of Public Works, Water and Development Services Kevin Wilson provided an update on various capital improvement projects. Director of Gas and Electric Carlos Fandino reported on two power pole incidents. Fandino noted the Governor's intent to increase renewable portfolio standards ("RPS") in upcoming years. An update on the RPS enforcement penalties was provided. Fandino advised on an upcoming change to the bio-methane supplier contract; no loss in delivery or change in budget is anticipated. Finance Director William Fox provided an update on the city's bond refunding process. He advised that information will be shared once further refinement is done. Page 5 of 6 Regular City Council Meeting Minutes January 6, 2015 Director of Human Resources Teresa McAllister reported on upcoming employee, professional, development training. She noted that the employee holiday event was well received. Senior Advisor to the City Administrator Fred MacFarlane reported on the recent issue of the Vernon Quarterly. City Administrator Mark Whitworth announced that the final interviews for the City Clerk position are scheduled for Thursday, January 8, 2015. Whitworth provided an update on the Vernon CommUNITY Fund grant recipients. Mayor McCormick advised that he will be attending a meeting with Mayor Garcetti of Los Angeles along with other Mayors. CLOSED SESSION With no public comment on the closed session items, at 9:42 a.m., it was moved by Davis and seconded by Martinez to enter into closed session to discuss the agendized item. 21. CITY COUNCIL PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE Government Code Section 54957 At 9:47 a.m., it was moved by Davis and seconded by Martinez to exit closed session. City Attorney Hema Patel reported that the City Council affirmed the arbitrator's written decision. At 9:47 a.m., Mayor McCormick adjourned the meeting. W. Michael McCormick Mayor ATTEST: Ana Barcia Deputy City Clerk Page 6 of 6 MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF VERNON HELD THURSDAY, JANUARY 8, 2015, IN CONFERENCE ROOM NO. 4, THIRD FLOOR OF CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: McCormick, Davis, Maisano, Martinez MEMBERS ABSENT: None The meeting was called to order at 7:47 a.m. by Mayor McCormick. 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 on any matter on the posted agenda. No one responded. CLOSED SESSION With no public comment on the closed session items, at 7:47 a.m., it was moved by Maisano and seconded by Davis to enter into closed session to discuss the agendized item. 1. PUBLIC EMPLOYMENT Government Code Section 54957 (b)(1) Title: City Clerk At 9:50 a.m., it was moved by Maisano and seconded by Davis to exit closed session. Deputy City Administrator Kristen Enomoto reported that the City Council met in closed session regarding one matter of public employment related to the City Clerk position and directed staff to make the offer of employment for the position of City Clerk to candidate "A." If the offer is rejected by candidate "A," staff was directed to conduct another recruitment. At 9:52 a.m., Mayor McCormick adjourned the meeting. W. Michael McCormick Mayor ATTEST: Ana Barcia Deputy City Clerk © o LU t�E m o N C d — O w .— O N w a cmCD L E 06 LO C M 0 O 00 U o c � U N � H � cu co O Z CW cu = C > E O O 0 �' E a) CU U Q o I o W ° M E o LQ 76 0 O U Z co C Z r N N = O O O O O cn V L ca cn -0 a L6 > X Q L CU O C -0 Z O L (.0 m u CU w N O Z ' i •� c N N � -C U- U ca U M to O E E Q� ( OT— r m r- Q C) w NN Z C a) U O ®� V .Q ON - fL U) N _U WLf-I u.. N O O O a) _ CD -1.r C cu J E O U -le i M Q O O CU CD C N N O 2 a) p N 0 U- N 0- 0 I— t 'N O N `b i N_ 11 C O 1 o N 0 d 0 7 a 0 `� � 1 CO 3 0 N •td -a v G v ( G co N 0 o V 3 O ..a v N N � � CO o v 9 g co O .� .•a L .N✓ o. � v t0 C et N 0 4- 0 a� i co � � 771 coo o o co o � a� L Q Eo o N o oG to ~ O N N �b S N S (D V N " CO S3 N c4 OC o o , T >a O Z Payrolls reported for the month of December: 11/16/14- 11/29/14, Paydate 12/11/2014 1 1130/14- 12/1 3/14, Paydate 12/24/2014 11/30/14- 12113/14, Paydate 12/24/2014 Payment Method Date Payment Description Amount Checks 12/11/14 Net payroll, checks $ ACH 12/11/14 Net'payroll, direct deposits 713,583,12 ACH 12/11/14 Payroll taxes 204,899.13 i Checks 12/24/14 Net payroll, checks 22,557.89 ACH 12/24/14 Net payroll, direct deposits 741,305.62 ACH 12/24/14 Payroll taxes 221,058.28 ACH 12/24/14 Net payroll, direct deposits 3,376.13 ACH 12/24/14 Payroll taxes 1 739,76 Total net payroll and payroll taxes 1,930,551.78 ACH 12/11/14 ICMA 17,103.07 ACH 12/11/14 CalPERS 323,654.03 ACH 12/11/14 California State Disbursement Unit 3,371.27 346098 12/11/14 Sandra Bingman 2,000.00 346087 12/11/14 Franchise Tax Board 180.00 346090 12/11/14 IBEW Dues 2,525.96 346102 12/11/1.4 Teamsters Local 911 2,235.00 346106 12/11/14 Vernon Firemen's Association 3,215.00 346107 12/11/14 Vernon Police Officers' Benefit Association 1,887.60 ACH 12/2-4/14 CalPERS 327,221.83 ACH 12/24/14 ICMA 16,625.04 ACH 12/24/14 CalPERS 327,284.47 ACH 12/24/14 California State Disbursement Unit 3,768.31 346155 12/24/14 Sandra Bingman 2,000.00 346151 12/24/14 Franchise Tax Board 180.00 346156 12/24/14 Vernon Firemen's Association 3,215,00 346157 12/24/14 Vernon Police Officers' Benefit Association 1,887.60 1 Payroll related disbursements, paid through General bank account 1,038,354.18 Total net payroll, taxes, and related disbursements $ 2,968,905.96 Page 1 of 1 o u �" a) cam+ � O mom -W _ c 0 a) } .a U C � � O a) m U N U Q� U) cu ca W T N E O -0 O Z N > � W N O C fl cu c E N Fu a) cv O acc " ti W - a) L N L 0 Z OU 3 N CD cu 40 V a) 00 p L tC EF? 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O a, 0 Z �4 2 N N 7 O � cLo. � N O V N N m m a QuCOi (D i o o Cl) le O C � ti q H CD LO (0M Cl) 0) Cl) M) T 64 fR L J ( 7 MO O OD Z O d rn M N ` T Lai T of U Lr) O W T r 2 Olk U co T er T 0 � JQ N (�0 I� N 0 Z O W O LU (NO 0) CN co (LC) M U N O r LL LL 0 ry _ 0Wa H z z U � � QCO Cl) o CD H 0 co (0 O Q W CD LO (O Cl) O ti 0 W H Z_ a' a W m a O Z o) Y In ri LL >- www w m zQ � o a C a U n¢ Q 0 Z a a L) W Z T 8 0) V RECEIVED RECEIVE® XX�L�K'�ar�X9 JAN 14 2015 JAN 15 2015 STAFF REPORT CITY ADMINISTRATION CITY CLERK'S OFFICE FINANCE/TREASURY DEPARTMENT DATE: January 12, 2015 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director RE: Light & Power Warrant Register for City Council Agenda of January 20, 2015 It is recommended that the attached Light & Power Warrant Register No. 381 be approved at the City Council meeting of January 20, 2015. Light & Power Warrant Register No. 381 totals $7,294,678.24, and covers claims and demands presented during the period of December 23, 2014 through January 12, 2015, drawn, or to be drawn, from East West Bank. The following list details the components of Light & Power Warrant Register No. 381: 1. Ratification of wire transfers totaling $7,025,906.32; 2. Ratification of the issuance of early checks totaling $243,762.70; and 3. Authorization to issue pending checks totaling $25,009.22. J LI V .. {of_V e LIGHT& POWER WARRANT REGISTER NO. 381 A • r JANUARY 20, 2015 I hereby certify that claims and/or demands included in above listed warrant This is to certify that the claims or demands covered by the above listed register have been audited for accuracy and availability of funds for warrants have been audited by the City Council of the City of Vernon and payments and that said claims and/or demands are accurate and that the that all of said warrants are approved for payments except Warrant funds are available for payments thereof. Numbers: William Fox Finance Director Date: Printed:1/12/2015 3:36:07PM Page 2 of 11 LIGHT& POWER WARRANT REGISTER NO. 381 JANUARY 20, 2015 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT MORGAN STANLEY CAP GROUP 055.9200.500150 33,100.00 ENERGY PURCH 11/14— 13087461 5736 INC. 12/22/2014 33,100.00 NEVADA POWER COMPANY 055.9200.500150 16,500.00 ENERGY PURCH 11114-- 46815 5737 12/22/2014 16,500.00 POWEREX CORP. 055.9200.500150 1,734,361 34 ENERGY PURCH IST-11/14-- 50585487 5738 12/19/2014 1,734,361.34 BICENT(CALIFORNIA) MALBURG 055.9200.500150 277,312.52 Energy Related Payment 11201401 5739 055.9200.500182 2,017,517.40 Capacity Payment 11201401 5739 055.9200.500150 -1,510.69 Fuel Burden 11201401 5739 12/19/2014 2,293.319 23 BIOFUEL GENERATION SERVICE 055.9200.500162 31,014.50 Biomethane RPS112014 5740 LLC 12/22/2014 31,014.50 ELEMENT MARKETS RENEWABLE 055.9200.500162 6,071.30 Gas Purchase 590194Revised 5741 055.9200.500162 396,178.75 Gas Purchase 590202Revised 5741 12/22/2014 402,250.05 ELEMENT MARKETS RENEWABLE 055.9200.500162 210,870.00 Gas Purchase 590203 5742 12/22/2014 210,870.00 U.S. DEPARTMENT OF ENERGY 055.9200.500150 28,663.84 Energy Purchase GG1766A1114 5743 055.9200.500180 15,113.33 Energy Purchase GG1766A1114 5743 055.151000 -43,355.63 Energy Purchase GG1766A1114 5743 Printed 1/1212015 3:36:07PM Page 3 of 11 LIGHT& POWER WARRANT REGISTER NO. 381 JANUARY 20, 2015 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 12/22/2014 421.54 CALIFORNIA ISO 055.9200 500150 8.49 Initial Charges 12/14 201412163128889 5744 331 055.9200.500150 -1.28 Revised Charges 11/14 201412163128889 5744 331 055.9200.450340 1,432 19 Revised Charges 11/14 201412163128889 5744 331 055.9200.500170 -2,587.94 Revised Charges 11/14 201412163128889 5744 350 055.9200.500190 -53.28 Revised Charges 11114 201412163128889 5744 350 055.9200.500150 2,920.34 Revised Charges 11/14 201412163128889 5744 350 055.9200.500210 8.00 Revised Charges 11/14 201412163128889 5744 350 055 9200 500240 1,295.07 Revised Charges 11/14 201412163128889 5744 350 055.9200 500170 -9,446.87 Revised Charges 11/14 201412163128889 5744 350 055.9200 500190 -61.92 Revised Charges 11/14 201412163128889 5744 350 055.9200.500210 -198.96 Revised Charges 11/14 201412163128889 5744 350 055.9200.500150 -35,782.89 Revised Charges 11/14 201412163128889 5744 350 055.9200.500150 70,842.67 Initial Charges 12/14 201412163128889 5744 350 055,9200.500170 1,366.71 Initial Charges 12/14 201412163128889 5744 350 Printed:1/12/2015 3:36 07PM Page 4 of 11 LIGHT & POWER WARRANT REGISTER NO. 381 JANUARY 20, 2015 WIRES _ ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT CALIFORNIA ISO 055 9200.500190 446.89 Initial Charges 12/14 201412163128889 5744 350 055 9200.500210 17,004.81 Initial Charges 12114 201412163128889 5744 350 12/22/2014 47,192.03 DEPT. OF WATER&POWER LA 055.9200.500170 21,870.00 Energy Transmission GA183041 5745 055.9200.500260 575.00 Energy Transmission GA183041 5745 12/22/2014 22,445.00 CANTON RENEWABLES, LLC 055.9200.500162 303,301.35 Natural Gas CRI10000083 5746 12/24/2014 303,301.35 SCPPA 055.9200.500180 249,165.00 Minimum Cost PV1214 5747 055.9200.500150 70,155.00 Variable Cost PV1214 5747 055.9200.500180 8,932.41 Legislative Cost PV1214 5747 055.9200 500180 10,000.00 PSF Cost PV1214 5747 055.8100.596200 20,640.00 PSF Cost PV1214 5747 055 9000.596200 10,933.00 PSF Cost PV1214 5747 12/26/2014 369,825.41 CALIFORNIA ISO 055.9200.500170 -3,252.73 Revised Charges 12/14 201412233128933 5748 857 055.9200.500210 -12.40 Revised Charges 12/14 201412233128933 5748 857 055.9200 500150 4,383.17 Revised Charges 12/14 201412233128933 5748 857 055.9200.500190 237.52 Revised Charges 12/14 201412233128933 5748 857 Printed:1112/2015 3 36 07PM Page 5 of 11 LIGHT & POWER WARRANT REGISTER NO. 381 JANUARY 20, 2015 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT CALIFORNIA ISO 055.9200.500150 -2,674.35 Revised Charges 09/14 201412233128933 5748 857 055.9200.500170 6,556.57 Revised Charges 09/14 201412233128933 5748 857 055.9200.500190 125.21 Revised Charges 09/14 201412233128933 5748 857 055.9200,500210 725.32 Revised Charges 09/14 201412233128933 5748 857 055.9200.500170 -2,678.66 Initial Charges 12/14 201412233128933 5748 857 055.9200 500150 134,000.92 Initial Charges 12/14 201412233128933 5748 857 055.9200.500190 486.70 Initial Charges 12/14 201412233128933 5748 857 055.9200 500210 16,488.73 Initial Charges 12/14 201412233128933 5748 857 12130/2 014 154,386.00 PETRELLI ELECTRIC INC. 055.200400 403,739.10 Electric Service Maintenance 14929 5749 055.200400 563,634.22 Electric Service Maintenance 14930 5749 12/30/2014 967,373.32 ICE US OTC COMMODITY 055 9200.596200 1,200.00 OTC Commission Adjustment 1114001688088 5750 MARKETS, 12/30/2014 1,200.00 ICE TRADE VAULT LLC 055.9200 596200 375.00 Trade Vault TV14923 5751 12/30/2014 375.00 SOUTHERN CALIFORNIA EDISON 055.9200.500170 102,440.00 Mead-Laguna Bell 7500485477 5752 Printed:111212015 3:36 07PM Page 6 of 11 LIGHT& POWER WARRANT REGISTER NO. 381 JANUARY 20, 2015 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT SOUTHERN CALIFORNIA EDISON 055.9200.500170 43,340.00 Victorville-Lugo 7500485510 5752 055.9200.500170 24,669.00 Laguna Bell 7500485511 5752 12/31/2014 170,449.00 CALIFORNIA POWER EXCHANGE 055.9200.500210 8,561.07 Windup Fees 2022100 5753 CORP 01/02/2015 8,561.07 BICENT(CALIFORNIA) HOOVER 055.9200.500150 -9,694.81 Energy Price Difference CFD11201401 5754 LLC 055.9200.500180 232,632.06 Capacity Price Difference CFD11201401 5754 055.9200.500180 43,355.63 Actual Monthly Uprating CFD11201401 5754 055.9200.500150 -7,331.40 CES Costs CFD11201401 5754 01/05/2015 258,961.48 TOTAL WIRES $ 7,025,906.32 Printed:1/12/2015 3:36:07PM Page 7 of 11 LIGHT& POWER WARRANT REGISTER NO. 381 JANUARY 20, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT CURRENT WHOLESALE ELECTRIC 055.8000.590000 1,473.14 Electrical parts— 111014vrs 055.0002189 511175 055.8000.590000 350.33 Electrical parts-- 111014vrs 055.0002189 511175 055.8400.590000 74.12 Electrical parts— 111014vrs 055.0002189 511175 12/30/2014 1,897.59 MAYWOOD CAR WASH 055 8100.570000 42.00 Full Service Car Wash 564 055.0002191 511176 12/30/2014 42.00 OPEN ACCESS TECHNOLOGY INC. 055.9200.596200 620.92 ETS Tagging Services— 107640 055.0002205 511177 12/30/2014 620.92 UPS 055.8000.590000 61.83 Delivery Services 933312494 511178 12/30/2014 61.83 APPLIED METERING 055.9100.900000 33,800.00 CAISO RIG Replacement Project 5061 511179 TECHNOLOGIES, 01/06/2015 33,800.00 MC AVOY& MARKHAM 055.120010 2,072.00 Meter, Part#= E37-0501, Model = 14496 055 0002230 511180 055,120010 186.48 Sales Tax 14496 511180 01/06/2015 2,258.48 PETRELLI ELECTRIC INC. 055.120010 38,932.00 7KV 900KVAR Switched Capacitor Bank— 14948 055.0002231 511181 055.120010 3,503.88 Sales Tax 14948 511181 01/06/2015 42,435.88 PREFERRED FREEZER SERVICES 055.7200.596702 130,100.00 Public Benefits Program 121614 511182 01/06/2015 130,100.00 Printed'1/12/2015 3:36.07PM Page 8 of 11 LIGHT& POWER WARRANT REGISTER NO. 381 JANUARY 20, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT COUNTY SANITATION DISTRICTS 055.9200.500154 27,200.00 Renewable Energy Credits 7905 511183 01/08/2015 27.200.00 OPERATION TECHNOLOGY, INC. 055.9100.900000 5,346.00 Upgrade& User Support 33407IN 511184 01/08/2015 5,346.00 TOTAL EARLY CHECKS $ 243,762.70 Printed 1/12/2015 3,36 07PM Page 9 of 11 LIGHT& POWER WARRANT REGISTER NO. 381 JANUARY 20, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT ASBURY ENVIRONMENTAL 055.8400.590000 422.36 Drums 130468673 511185 SERVICES 422.36 DEWEY PEST CONTROL 055.8400.590000 122.00 Pest Control Services 9018131 511186 122.00 HYDRAFIL, INC. 055.8200.596200 1,048.84 Filter Element 64485 055.0002233 511187 055.8200.596200 27.96 Freight 64485 055.0002233 511187 1,076.80 POWER CONSULTANTS INC. PORT 055.9000.900000 1,890.00 Contract Services VERNPVHDec14 511188 CA 055.9000.596200 18,208.06 Contract Services VERNPVHDec14 511188 20,098.06 V-BAR, LLC 055.9000.900000 3,290.00 Meteorological Data Collection 1411 511189 3,290.00 TOTAL PRINTED CHECKS $ 25,009.22 Printed:1/12/2015 3:36:07PM Page 10 of 11 LIGHT& POWER WARRANT REGISTER NO. 381 JANUARY 20, 2015 RECAP BY FUND EARLY PRINTED FUND WIRE TOTAL CHECK TOTAL CHECK TOTAL TOTAL 055- LIGHT& POWER $ 7,025,906.32 $ 243,762.70 $ 25,009.22 $ 7,294,678.24 GRAND TOTAL $ 7,025,906.32 $ 243,762.70 $ 25,009.22 $ 7,294,678.24 TOTAL CHECKS TO BE PRINTED 5 Printed:1/12/2015 3:36:07PM Page 11 of 11 z LU L �! 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Nr x O M, 7 00 O � 09 M N �4 O y 7 'g a N O Q. v 0 r o 4 Q W � co 0 co rn m d �w Y � � W O y Y av Z v 4 0 o �? `Y d r0 �. Z- c O Ztr N u �rQ�7cL M O 0), 0 � ow a s W r s N O c 4 N a cL O v to Z 2 r D- Y W I RECEIVED JAN 14 2015 CITY C ADMINISTRATION FIRE DEPARTMENT Michael A.Wilson,Fire Chief 4305 Santa Fe Avenue,Vernon, California 90058 AN 5 2015 Telephone (323)583-8811 Fax(323)826-1407 Ct�(CLERK S OFFICE January 14, 2015 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 December 16, 2014 through December 31, 2014. Respectfully Submitted, Michael . Wilson Fire Chief MAW:ar Fireletnow E Cc&siveCy Industrial VERNON FIRE DEPARTMENT COMPANY ACTIVITIES December 16,2014 to December 31,2014 This Period Last Year This This Year Last Year To Date Period To Date ACTIVITY TYPE FIRE PREVENTION: Regular Inspections (#): 8 1312 25 1276 Re-Inspections (#): 15 268 0 285 Spec. Haz. Inspections (#): 0 41 3 47 Total Inspections: 23 1621 28 1608 Total Man Hours: 25 2022 55 1980 TRAINING (HOURS): Firefighting 95 1851 92 2166 Hazardous Materials 28 724 20 750 Safety 128 3043 132 2936 Apparatus Operations 126 3070 130 2933 Equipment Operations 130 3074 136 2927 CPR 4 41 0 66 First Aid 38 640 27 692 Total Hours: 549 12443 537 12470 PRE-INCIDENT (HOURS): Planning 76 1645 89 1905 District Familiarization 93 1707 93 2003 Total Hours: 169 3352 182 3908 PERIODIC TEST (HOURS Hose Testing 9 60 34 66 Pump Testing 9 30 0 16 Total Hours: 18 90 34 82 Page I 1 This Period Last Year This This Year - Last Year To Date Period To Date PUBLIC SERVICE PROGRAMS (HOURS) School Programs 7 33 3 31 Fire Brigades 0 8 0 6 Emergency Preparedness 13 191 4 276 Total Hours: 20 232 7 313 ROUTINE MAINTENANCE (HOURSI Station 132 2976 130 2836 Apparatus 133 3044 132 2940 Equipment 133 3038 138 2955 Total Hours: 398 9058 400 8731 Grand Total Hours: 1179 27197 1215 27484 Fireactivity Page 12 0 v 0 z w L N �oI IL MEW CL W O x A •� N 'a V C 0 N `>k 41 0 z w r M r r r r r r r N r r r r V N M r r M N M r N %O r r r N a• # y • C G • t DC � �i � • ?fit q � � • � y p �.+ � atr r D p C a * N • - p C Z 0 § v W aJ d Z L r IJJ Z i 0 t O N = Z m � t E E € 9 9 d p U • Z C J z Z ti w p y ` t: Q Q G .aZ Cuaa v� Z3 v d c _ tea a ju .4cooQ ` � Cp~p�� u � � Z a�ci E E ` iL. 0 o a o E Z J w d. WV + W O 7 d Cl W W p R a W g > > Hu > I— = am » L a cQvc " uu L L 3 z p ova, ° W � .''.i � } NYQao � � u � m LU � := :g � Ln > u aaa' u 'oi� ia � �"-, v~, � f"- � � » amLiiiv+ » 333 ? W W W W W W W W W W W W W W W W W Li LL. LL LL Li Li LL LL. LL. LL to N I Incident Type Incident Date PREVENTION FOLLOW-UP? Shift 311 Medical assist, assist EMS crew 12/16/2014 03:18:42 No 700 False alarm or false call, other 12/16/2014 05:52:20 No 321 EMS call, excluding vehicle accident with inju 12/16/2014 07:54:08 No 321 EMS call, excluding vehicle accident with inju 12/16/2014 10:09:06 No 322 Motor vehicle accident with injuries 12/16/2014 14:56:27 No 324 Motor vehicle accident with no injuries 12/16/2014 15:19:42 No 324 Motor vehicle accident with no injuries 12/16/2014 15:22:11 No 321 EMS call, excluding vehicle accident with inju 12/16/2014 15:31:22 No 611 Dispatched &canceled en route 12/16/2014 18:46:31 No 322 Motor vehicle accident with injuries 12/16/2014 23:49:08 No 740 Unintentional transmission of alarm, other 12/17/2014 00:49:58 No 324 Motor vehicle accident with no injuries 12/17/2014 07:12:58 No 324 Motor vehicle accident with no injuries 12/17/2014 13:49:06 No 700 False alarm or false call, other 12/17/2014 14:41:33 No 321 EMS call, excluding vehicle accident with inju 12/17/2014 15:40:21 No 321 EMS call, excluding vehicle accident with inju 12/18/2014 05:34:50 No 321 EMS call, excluding vehicle accident with inju 12/18/2014 12:13:37 No 322 Motor vehicle accident with injuries 12/19/2014 07:00:41 No 323 Motor vehicle/pedestrian accident(MV Ped) 12/19/2014 07:08:43 No 321 EMS call, excluding vehicle accident with inju 12/19/2014 11:25:45 No 541 Animal problem 12/19/2014 15:53:00 No 321 EMS call, excluding vehicle accident with inju 12/19/2014 20:54:28 No 321 EMS call, excluding vehicle accident with inju 12/19/2014 22:26:25 No 322 Motor vehicle accident with injuries 12/20/2014 01:00:15 No 321 EMS call, excluding vehicle accident with inju 12/20/2014 04:59:38 No 611 Dispatched &canceled en route 12/20/2014 07:09:45 No 311 Medical assist, assist EMS crew 12/20/2014 15:41:59 No 324 Motor vehicle accident with no injuries 12/20/2014 18:04:14 No 311 Medical assist, assist EMS crew 12/20/2014 20:10:57 No 131 Passenger vehicle fire 12/22/2014 13:23:40 No 741 Sprinkler activation, no fire- unintentional 12/22/2014 16:25:20 No 740 Unintentional transmission of alarm, other 12/23/2014 10:52:35 No 322 Motor vehicle accident with injuries 12/23/2014 13:58:04 No 321 EMS call, excluding vehicle accident with inju 12/23/2014 15:42:50 No 321 EMS call, excluding vehicle accident with inju 12/23/2014 17:03:40 No 322 Motor vehicle accident with injuries 12/23/2014 17:36:23 No 321 EMS call, excluding vehicle accident with inju 12/24/2014 13:00:49 No 162 Outside equipment fire 12/25/2014 01:05:36 No 322 Motor vehicle accident with injuries 12/26/2014 01:25:32 No 321 EMS call, excluding vehicle accident with inju 12/26/2014 03:49:10 No 322 Motor vehicle accident with injuries 12/26/2014 05:27:52 No 700 False alarm or false call, other 12/26/2014 12:07:24 No 611 Dispatched &canceled en route 12/27/2014 23:18:22 No 571 Cover assignment, standby, moveup 12/27/2014 23:52:55 No 322 Motor vehicle accident with injuries 12/29/2014 06:41:20 No 741 Sprinkler activation, no fire- unintentional 12/29/2014 09:56:44 No 322 Motor vehicle accident with injuries 12/29/2014 11:56:47 No 324 Motor vehicle accident with no injuries 12/29/2014 12:27:09 No 611 Dispatched &canceled en route 12/29/2014 12:38:50 No 611 Dispatched &canceled en route 12/29/2014 13:08:10 No 571 Cover assignment, standby, moveup 12/29/2014 18:21:30 No 700 False alarm or false call, other 12/30/2014 08:31:30 No 321 EMS call, excluding vehicle accident with inju 12/30/2014 12:04:03 No 742 Extinguishing system activation 12/30/2014 12:20:16 No 622 No incident found on arrival at dispatch addr 12/30/2014 14:37:15 No 321 EMS call, excluding vehicle accident with inju 12/30/2014 14:55:18 No 311 Medical assist, assist EMS crew 12/30/2014 23:09:09 No 322 Motor vehicle accident with injuries 12/31/2014 04:40:25 No 321 EMS call, excluding vehicle accident with inju 12/31/2014 05:20:24 No 700 False alarm or false call, other 12/31/2014 07:42:17 No 740 Unintentional transmission of alarm, other 12/31/2014 09:29:29 No 321 EMS call, excluding vehicle accident with inju 12/31/2014 12:46:09 No r 4 N r O z w 2 low LM � o LnI LN w � MM A Now CL .� C A = o V C 4-J cu o A 0 z w wN O N r• N N M �— r• r V' N r' M A N U1 M N � � N M •— r• s a • z p C CC t • _ = ae V o Z W z a+ h 2 3 ~ • � � V a' O � Z C J � � O t- m p � ZO o`' a �aai� Z3 �+ � � you = tea c wJ L G Z a V N W W W U W d 3 d C 7 N W G W u C. 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Q ttg ayyrt, � t m m _u = z � Z J> ` a W N N ate+ U W 0! m LL '�' Q Q V W J J N W mmJNN � Q � a ec .ctx "a � l±- Eoo � Q � Q Z QaQQaQmmuuuuuaaacaaw � LLLLLL xxxx _ W W W W W W W W W W W W W W W W W W W W W W LN W W W W W W W i e- ar OE' E r W ;u C cu Nu u 5. Z `� Oaa ' � t� i 4 c�VER1, s c V Health and Environmental Control Department RECEIVED Memo JAN 14 2015 CITY ADMINISTRATION To: Mark Whitworth,City Administrator From: Leonard Grossberg,Director/Health Officer ` Date: January 13,2015 Re: Transmittal of Health&Environmental Control Department Monthly Report I am forwarding the attached subject report for December 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/Z/HD/month1y reports/City Admin Transmittal Monthly Report Dec 2014 HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT bwl 2014 Mo I hl Repm IL And 2014 Annual Report Of too i `V g SryX*LY io9v City of Vernon Leonard Grossberg, Director/Health Officer HEALTH &ENVIRONMENTAL CONTROL DEPARTMENT MONTHLY REPORT DECEMBER, 2014 HAZARDOUS MATERIALS CONTROL Hazardous materials activities in the month of December were fairly routine. Activities included remediation reviews, regular inspections and oversight of closure and remedial projects such as the residential portion of Thermador Ind. on District Blvd, ,Kop Coat on District Blvd., Angelus Sanitary Can on Pacific, Castrol Industries on District, Vernon Meters on 37th Street, Kitty Queen on Downey Road, Four Star Chemical on 26th Street, Exide Technologies on Indiana Ave., Pechiney on Fruitland Ave., and Service Oil Inc., on Atlantic Blvd. Director Leonard Grossberg worked on policy and procedures to improve Health Department response to after-hours emergencies, and updated the emergency call-in list for distribution for 2015. Chief Deputy Director David LeDuff coordinated the final push for businesses to submit their California Environmental Reporting System (CERS) submittals, and also completed the required reporting documents for the 2014 CUPA Report and Surcharge Fee Report. Our staff responded to two emergencies to assist the Vernon Fire Dept. in December. A Diesel spill at LA Junction Railway, and an ammonia release at Southwind Foods. Quick response and assistance to the businesses in cleaning up and remediating spills continues to be our priority, and it also helps the businesses to properly deal with issues during a critical time. UNDERGROUND TANKS No significant UST activities were noted for the month of December. Routine annual monitoring and testing (SB 989) continued at one Vernon permitted site. FOOD PROGRAM In December, staff completed inspections on a number of food facilities including retail, wholesale, and food processing operations. During December, Senior Environmental Specialist Lyndon Ong Yiu conducted a foodborne illness investigation at a local restaurant. No confirmation or evidence to suggest that the complaint was valid was evident, and the case was closed. Our department follows a strict protocol and takes very seriously any and all complaints in order to protect the public from potential foodborne issues. By quick response and investigations, we are able to confirm or deny the validity of any complaint. ENVIRONMENTAL PROTECTION The annual sampling of potable water in USDA inspected facilities occurred in December. Sixty- seven (down from sixty nine in 2013) water samples were taken for laboratory analysis and comparison with State standards for potability, and the analysis of all samples confirmed that the water met the State standards. A certification letter was sent to each facility for presentation to its assigned USDA inspector. In addition, back-flow/cross connection surveys were completed for vacant buildings during the month. Director Leonard Grossberg completed the following activities during the month: • Updated and submitted a revised Enforcement Program Plan to the California Department of Resources Recycling and Recovery. • Initiated Final Notices, Office Hearings, and Suspension of Permits to facilities that were delinquent on their Health Permits for 2014. Numerous facilities were closed(no longer doing business in Vernon), several facilities were brought up to date with the delinquent fees, and a few others had to be put on notice that their permit was to be suspended. Eventually, all businesses in Vernon were brought into compliance. • Coordinated the signing and issuance of the new Solid Waste Franchise Agreements with the permitted 19 haulers. Two original copies were sent to each hauler for signing, returned for city staff to sign, and then properly distributed with an acceptance letter. • Initiated the annual Health Permit Renewal invoices for calendar year 2015, which included the new fess approved in July 2014 for Solid Waste Haulers and Underground Storage Tank Facilities. • Continued remediation activities on the Voluntary Cleanup Agreement between the DTSC and the City of Vernon for the remediation activities at the Thermador Site as part of the negotiated land sale and redevelopment. The site was subsequently divided into three sections to facilitate the closure of each section in a timely manner. The first section,was a two acre parcel that became the new residential housing site. A"No Further Action" letter was received from DTSC the first week of January 2014, and construction began shortly thereafter! The second section, destined for an industrial redevelopment project, was vigorously addressed with several forms of active remediation including soil vapor extraction, and chemical injection to remediate and reduce the soil and water contamination issues on-site. In an effort to expedite the sale and closure of the property to facilitate the re-development of the site by the end of 2014, considerable effort was given by the City of Vernon staff, consultants, and DTSC. Final approval is pending in early 2015. Section 3 will be addressed at a later date, and will focus on the ground water monitoring issues under the site. • Participated in discussion with AQMD and local businesses on proposed Rule 415 "Odors from Rendering Facilities"which would severely impact the rendering business in Vernon if enacted as stated. • Finally, coordinated the 2013 Used Oil Calendar awards and presentation for City Council consideration in January 2015. Year 2014 HIGHLIGHTS AND Year 2015 CHALLENGES The Year 2014 proved to be another active year for the Health Department. In December, we added a new Environmental Specialist to our staff, Eric Cheng, to fill one of the two vacant positions. His addition will assist us in meeting our mandated inspection schedules for our regulated programs in the future. Also, using grant funds from the CERS grant program, a temporary hire (Brett Koontz) was brought in for the summer (20 hours a week) to provide additional help in meeting the reporting and reviewing of submitted electronic inventories by the Vernon businesses. We are pleased to say that we continue to develop the new generation of environmental software that was developed by Decade Software. EnvisionConnect is designed as a web based software system. EnvisionConnect will allow our staff to eventually conduct digital field inspections. In 2014, the next phase of collecting data and conducting digital field inspections was launched. New equipment was purchased, and future development of software integrated with new hardware will be phased into field work by the staff. A significant portion of our activities continued to be driven by federal and State mandated programs. These activities are associated with the Department's hazardous materials, hazardous waste, underground tank, aboveground storage tanks, food safety, solid waste, cross-connection control, and water quality programs. We continue to increase our responsibilities for the Aboveground Storage of Petroleum Program, which was added to our Certified Unified Program Agency (CUPA) tasks in 2010, and began routine inspections in 2012. An ongoing special focus in 2014 was the storm water protection program, which is enforced by the Los Angeles Regional Water Quality Control Board, and the California Accidental Release Prevention Program. With staff re-assignments in the Community Services Department, our staff took on additional guidance responsibilities in this program, and will continue to monitor compliance for the city. Recent requirements to infiltrate the groundwater tables with annual storm water rainfall, requires that we review each new development for meeting mandatory regulations, and seeing that public and environmental protection is given the upmost consideration. In addition, our supplemental programs such as the garment manufacturing, animal control, and vector control programs remained active. Chief Deputy Director David LeDuff was instrumental in launching the electronic California Environmental Reporting System (CERS), which enables businesses to report hazardous material and hazardous waste inventory and facility information in an electronic manner annually. It took an active effort by all to properly educate and guide the Vernon businesses into following the proper reporting guidelines and submittal requirements. In addition to staff conducting site visits, a temporary employee was brought in to monitor the electronic submittals, review and issue corrections or approvals to hundreds of inventories. In the hazardous material area, our department is fully active with the State legislation requirement, California Environmental Reporting System (CERS), which facilitates reporting requirements. The program was started in July, 2010 with a State surcharge of$25 for each Certified Unified Program regulated facility being added to invoices. In July 2011, a second State Surcharge of$25 was also collected. Finally in 2012, the final fee of $25.00 was collected to facilitate the transition to electronic reporting. The CERS surcharge fees will be distributed to CUPA agencies to fund improvements enabling businesses to digitally report hazardous materials. We purchased field tablets using these funds in 2014. Also during the year we continued to participate closely with seven other Los Angeles County CUPAs on the coordination of our programs with those of other jurisdictions. Our department provided assistance in environmental assessment and closure of a number of commercial/industrial facilities during 2014. In some cases, our staff assisted other lead agencies; Environmental Protection Agency (EPA); Department of Toxic Substances Control (DTSC), South Coast Air Quality Management District (SCAQMD), and the Regional Water Quality Control Board (RWQCB), in working towards remediation and closure. The facility assessment/closure work included the review of site investigations,remediation plans, health and safety plans, sampling results, closure documents, and on-site surveillance. These assessment/closure projects enabled prospective buyers to obtain financial loans as well as helped property owners to promptly redevelop sites and return property to productive use. These efforts also protect public health and the environment. Some of the larger projects reviewed or closed included: ♦ Pechiney Cast Plate, Fruitland Avenue (EPA, DTSC) ♦ Kop Coat, District Boulevard(RWQCB) ♦ Angelus Sanitary Can, Pacific Boulevard ♦ Thermador Ind., District Blvd. (DTSC) ♦ Service Oil, Atlantic Blvd. ♦ Exide Technologies, Indiana Street(DTSC, SCAQMD) ♦ Four Star Chemical Co., E. 26th Street ♦ Castrol Oil Co., District Blvd. ♦ Kitty Queen, Soto Street ♦ Vernon Meters, E. 37th Street ►i 0 0/ 0 Exide Technologies, a lead-battery recycling facility in Vernon, made headlines in the news as a result of increased lead and arsenic emissions that were reaching numerous residents in surrounding communities. The ensuing "Health Risk Assessment" initiated the South Coast Air Quality Management District (AQMD), which permits air emissions, and DTSC, which regulates operating permits for hazardous waste treatment facilities to issue immediate corrective actions. The public demanded the closure of the plant, and ensuing public hearing and meetings were held to discuss the status of the corrective actions issued.. Subsequently, AQMD, enacted a proposed new rule-making called "1420.1" that would regulate lead-battery recycling facilities with new and more restrictive controls on lead, arsenic and 1,3 Butadiene emissions, as well as additional control measure to monitor and control fugitive emissions. Staff attended numerous meetings and hearings to monitor progress and changes to the rule making process, and assisted in drafting comments for the Vernon Mayor to submit a letter in support of the changes. On January 10, 2014, the AQMD Board passed Rule 1420.1 with the amended changes and the rule went into effect 30 days later. Also, DTSC worked with Exide Technologies and the public in moving towards the issuance of a full permit for the site. While environmental groups are pushing for the closure of the facility, DTSC is working in establishing new operating conditions, remediation goals, reporting requirements, as well as conducting lead-blood testing to workers and residents, and lead remediation in soils at local residents. A new permit is expected to be issued by mid-2015, allowing the start-up of operations and testing of new pollution control equipment and monitors. 0* 0* 0 0* Senior Environmental Specialist Jerrick Torres coordinated and participated in the annual Multi- Agency Disciplinary Inspection with Los Angeles County Sanitation Districts for the MGS Plant on I Soto Street. The joint activity is conducted every year with multiple agencies to inspect/review the operations and effects of storm water and waste water discharge issues. 0* 0* �� �� During 2014 we continued to assist Vernon businesses in complying with the federally mandated Accidental Release Program (ARP). California also adopted its own version of this program, CAL ARP. Senior Environmental Specialist Jerrick Torres worked during the year to conduct reviews of risk management plan updates and monitoring businesses' compliance with mitigation and maintenance measures. Jerrick continues to attend the LEPC Region I AA Subcommittee meetings representing the City. In April 2013, as a result of an anonymous complaint, Senior Environmental Inspectors Lyndon Ong Yiu and Jerrick Torres conducted an investigation at Four Star Chemical Company on 26th Street with the assistance of the Vernon Police Dept. A search warrant was obtained, and served at the site to gather information and evidence of improper storage, labeling, and disposal of hazardous materials and wastes. Over 300 drums were found to be in violation and several areas had evidence of chemical spillage. A detailed inspection report was generated to correct the immediate danger to the public and the environment. A subsequent report was filed with the Los Angeles County District Attorney, and was filed for criminal prosecution. The Los Angeles County District Attorney was able to negotiate a possible settlement of the case before going to trail in late 2014, and is pending final resolution soon. The underground tank program continued to be impacted by AB 989, which requires aggressive testing of tank systems, and additional testing requirements for tanks near water well facilities. Only two underground storage tanks were removed in 2014. As of December 201, the number of underground tank facilities in Vernon numbered twenty eight with sixty nine permitted tanks. 0+ 0* �� 0 The Solid Waste Program was also active during 2014. Staff continues to look at ways to promote "Reduce, Reuse, and Recycle" and promote sustainability by educating employees and Vernon businesses. The "Sustainability Open House" event in October 2014 was so popular and well attended,that we are planning another open house in October 2016! To assist the City in meeting the State's mandated Year 2000 goal of 50% solid waste diversion, we established a solid waste hauler non-exclusive franchise program in late 1998 and formalized franchise agreements with thirty-three haulers in 1999. During 2014, we continued to monitor and enforce the requirements for submission of quarterly reports and franchise fees by the nineteen currently franchised haulers. With the City Council's action in 2009 to suspend the issuance of any new franchise agreements, we continue to manage the program, as new franchise agreements were issued in December with a termination date of December 31, 2019. In addition, 2014 saw the amendment of a new Solid Waste Ordinance being approved by the Council along with approval of the new franchise agreements. To adequately prepare for the Solid Waste Generation / Diversion Annual Report for 2014 to the California Department of Resources Recycling and Recovery (Cal Recycle), the successor agency to the California Integrated Waste Management Board (CIWMB), numerous businesses were "audited" by our solid waste consultant. Waste generation and diversion activities were documented and incorporated into a computerized program that extrapolated the data to show that Vernon businesses are significantly reducing waste disposal at landfills. The data showed that the City reached the goal established by the State by diverting (recycling and reducing) more than 50% of the volume of waste generated in the City and taken to disposal facilities compared to volume of waste disposed in 1990. The Annual Report was submitted to Cal Recycle. In 2014, Cal Recycle confirmed that the City of Vernon is continuing to comply with the 50%mandate. In 2014, we also continued an educational and promotional used oil recycling program with the Vernon City School. The annual calendar contest created lots of interest among the fifth grade participants on how the environment can be protected by recycling waste oil and used oil filters. Prize winning contestants, along with school staff members and sponsoring businesses, were honored at a recognition ceremony at a City Council meeting in January. For 2014 the sponsorship donation by"Julie's Closet" covered the printing costs of the calendar. Also in 2014 we continued coordinating electronic waste recycling by setting up a free collection day. The 2014 electronic waste collection day was the tenth event and was held on May 20, 2014. Almost 7,400 pounds of miscellaneous electronics and 28 computers were collected. The ten successful events have collected over 228,000 pounds (114 tons) of electronics and almost 21,000 linear feet of fluorescent lamps! Throughout 2014, staff worked closely with Vernon's food processing, warehousing, and retail businesses to assure that food safety is a top priority in Vernon. Our activities included continued work on the implementation of a new State retail food code that closely corresponds with the federal Food Code. We also participated on a committee along with other local health departments that conducted a food safety workshop. The Mobile Food Preparation Unit Program (Hot Trucks) continues to receive significant surveillance and enforcement work from our department. To assure that the 120+ hot trucks that provide food service to many of the business employees in Vernon are operated properly, randomly scheduled inspection sweeps are conducted during the year. Unlicensed food operators were also a focus in 2014. As the economy slowed down, we noted the increase of"home prepared" foods being offered for sale from personal vehicles, shopping carts, and temporary stands. Enforcement efforts included warnings, embargoing of food, the confiscation of unsanitary equipment and utensils, and office hearings. Our wholesale food vehicle inspection program continued to receive special attention during 2014. Several strategically planned inspection sweeps were also made for this type of vehicle at various locations within the City. Several new vehicles were permitted as a result. For the most part, operators of food businesses within the City who have permits for their vehicles appreciated this effort. Overall, because of this effort, we have seen an increased awareness amongst operators of wholesale food vehicles of the need to obtain a health permit. 0* 0 0 0* One of the significant continuing activities in 2014 was our staff members' participation in environmental career education and professional organization programs. The following activities are especially noteworthy: Chief Deputy Director David LeDuff participates in the Southern California CUPA Forum, Los Angeles County CUPA Forum(LAC4), UCLA LOSH (Labor Occupational and Safety Health) Program and serves as Vernon's Communicable Disease Officer. David has also remained active in the California Environmental Health Association(CEHA) and National Environmental Health Association(NEHA). Senior Environmental Specialist Jerrick Torres conducted a Storm Water Workshop for Vernon Businesses and continues to review CalARP reports for Regulated Chemical Inventories. In addition, he serves on two technical committees for the next municipal storm water permit. Senior Environmental Specialist Linda Johnson also serves on the board of the Southern Chapter of the California Environmental Health Association. Linda assumed new duties with the solid waste program in Vernon, and was elected to serve a two-year term as the Vice-Chair of the Enforcement Advisory Council (EAC)representing the Southern Cities at the CalRecycle meetings and roundtables. Director Leonard Grossberg participates in the California Conference of Directors of Environmental Health(CCDEH), California Conference of Local Health Officers (CCLHO),National Association of County & City Health Officials (NACCHO), California Health Alert Network(CAHAN), and the Emergency Response Committee (ERC). Leonard also serves on the Board of Directors for the UCLA Extension Program in Solid Waste Mgmt., and also participates in a mentoring program at California State University Northridge. Senior Environmental Specialist Lyndon Ong Yiu is a member of the Food Technical Advisory Committee, which is often tasked by the California Conference of Directors of Environmental Health to promulgate food-related policies that are applied State-wide, especially the new"Cottage Food Regulations." For 2015, we will continue utilizing the EnvisionConnect environmental monitoring software system by having businesses submit all inventories &reports electronically. Program areas that should be enhanced by this action are: hazardous materials reporting documentation; violation coding for all programs; and the ability of inspectors to print inspection reports and access computerized information while they're in the field. We also will be continuing a project to I electronically scan our closed file records onto a computer, which will facilitate easier record reviews and file storage. 2015 will bring new challenges in meeting state mandate requirements in our programs, as well as I working within ongoing budget restraints. With creative financing and possible new budget guidelines, we look forward to adding a new field inspector sometime in 2015. i 9cLG:MyDocs/Z/Health Dept/Monthly Reports/Dec 2014&2014 Annual.doc `O '°` RECEIVED RECEIVED n. JAN 15 2015 JAN 15 2015 �'`�"'"°�� CITY AD I STRATI 0N CITY CLERK'S OFFICE STAFF REPORT HUMAN RESOURCES DATE: January 20, 2015 TO: Honorable Mayor and City Council 1,,� J FROM: Teresa McAllister,Director of Human Resources `_ RE: APPROVING AND AUTHORIZING THE EXECUTION OF A NEW AT- WILL EMPLOYMENT AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND ZAYNAH N. MOUSSA Recommendations It is recommended that the City Council: 1) Find that approval of the proposed At-Will Employment Agreement 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. Approve the At-Will Employment Agreement (the "Agreement") with Zaynah N. Moussa, in substantially the same form as submitted herewith, effective January 20, 2015. The proposed Agreement is the standard at-will employment agreement form approved by City Council for other executive positions and includes a few minor updates. Background In late 2012, in line with the City's good governance reforms, a standard at-will employment agreement was developed by the City Attorney's Office and approved by the City Council on May 7, 2013, to be used for City Executive positions. Ms. Moussa was hired as the Deputy City Attorney on March 18, 2013. On October 1, 2014, the City Council approved the designation of the Deputy City Attorney classification to serve as an at-will position. This staff report recommends the approval of an At-Will Employment Agreement with Ms. Moussa effective January 20, 2015, using the standard at-will employment agreement form approved by City Council for other executive positions, with a few minor updates. The agreement is consistent with terms and conditions offered to other management classifications. 1 An updated form agreement, identifying the minor changes proposed, will be presented to City Council for adoption at the next meeting. The annual salary of $132,444 is consistent with the Citywide fringe benefit and salary resolution no. 2014-74 adopted by City Council on December 16, 2014. Fiscal Impact There is no direct fiscal impact associated with the implementation of the proposed employment agreement. All salary and fringe benefit costs remain the same at approximately $170,476 annually, and said costs are included in the 2014-2015 fiscal year budget. Under the proposed agreement, Ms. Moussa would be entitled to severance pay equal to six months of base salary (approximately $66,222) if terminated under certain conditions. 2 AT-WILL EMPLOYMENT AGREEMENT BETWEEN THE CITY OF VERNON AND ZAYNAH N. MOUSSA THIS AGREEMENT is between the City of Vernon ("City") and Zaynah N. Moussa ("Employee"). Recitals City desires to employ Employee as an at-will employee in the position of Deputy City Attorney. Employee desires to be the Deputy City Attorney and acknowledges that such employment is at-will. The City Attorney, pursuant to the authority granted by the City of Vernon Charter and City Council, agrees to hire employee, as an at-will employee, subject to the terms and conditions identified below. AGREEMENT Section 1: TERM The effective date of this Agreement shall be January 20, 2015. Either party may terminate this Agreement pursuant to the provisions set forth below. Employee is an at-will employee and may be terminated, with or without cause, and with or without notice, at any time by the City Attorney. Employee may resign with thirty (30) days advance notice as set forth in Section 9 below. Section 2: DUTIES A. City engages Employee as the Deputy City Attorney to perform the functions and duties specified in the job description for the position (Attachment"A", incorporated herein by this reference), as the same may be modified by the City Attorney, from time to time, and to perform such other legally permissible and proper duties and functions as the City Attorney shall, from time to time, assign. B. Employee agrees that to the best of her ability and experience that she will at all times conscientiously perform the duties and obligations required, either express or implied, by the terms of this Agreement, the ordinances, resolutions and adopted policies of the City of Vernon and the laws and regulations of the State of California and the United States. C. As a public employee, Employee is required to work a full and complete work week pursuant to the established work schedule as determined by the City Attorney, and devote whatever time is necessary to fulfill the employment responsibilities and duties as identified in this Agreement. D. During the term of this Agreement, Employee is required to have and maintain a valid California Driver's license. E. Employee acknowledges that in connection with the performance of her duties, she will obtain information from City employees and third parties that is of a confidential nature. Employee agrees that she will not disclose such confidential information other than to officers and employees of the City who have been authorized to have access to such information. Employee further agrees that if she has a question as to the confidentiality of information obtained in the course of her employment she will contact the City Attorney for advice. Section 3: EXCLUSIVE EMPLOYMENT Employee agrees to focus her professional time, ability and attention to City business during the term of this Agreement. Consequently, Employee agrees not to engage in any other business pursuits, whatsoever, directly or indirectly, render any services of a business, commercial, or professional nature to any other person or organization, for compensation, without the prior written consent of the City Attorney. This does not preclude Employee from volunteering her services to other entities or individuals as long as such volunteer services are not in conflict with the services to be provided by Employee under this Agreement. Section 4: COMPENSATION As compensation for the services to be rendered by Employee, City agrees to pay Employee a base salary of no less than $132,444, per year, payable in twenty-six (26) biweekly installments at the same time as other employees of the City are paid and subject to customary withholding. Salary adjustments (merit increases), if any, in Employee's salary during the term of this Agreement shall be at the sole discretion of the City Attorney's evaluation of Employee's job performance and within the base salary range established by the City Council or as otherwise approved by the City Council. Any and all adjustments shall be in accordance with City personnel policies and procedures. Employee's salary shall be reflected in the City's publicly available salary schedule. Section 5: BENEFITS A. Retirement As an employee of the City of Vernon, Employee will be enrolled in the California Public Employees Retirement System (PERS) retirement plan, as such plan may be amended by the City Council. As of the date of this employment agreement, such plan includes the 2.7% @ 55 benefit formula for "classic" miscellaneous employees or the 2.0% at 62 benefit formula for "new" miscellaneous employees. The employee pays for the employee contribution to PERS. B. Other Management benefits Employee shall receive all benefits specified by the then current Resolutions of the City Council of Vernon for Management Staff, including, without limitation, those related to Vacation, Administrative Leave, Holidays, Sick Leave, Medical and Dental Insurance, Life Insurance, Flexible Benefits Plans, Vision Care, Other Leaves, and Deferred Compensation, and other types of leave in accordance with the Personnel Policies and Procedures Manual. Section 6: TERMINATION AND SEVERANCE PAY A. Employee is an at-will employee and serves at the will and pleasure of the City Attorney and may be terminated at any time, without cause, subject to the conditions of paragraphs B and C of this section. 2 B. In the event that Employee is terminated by the City Attorney for reasons other than physical or mental incapacity, and other than those reasons noted in E, below, the City agrees to pay the employee a severance package equal to six (6) months of base salary. C. To be eligible for severance pay, as identified in paragraph B, of this section, Employee shall fulfill all of her obligations under this Agreement and shall sign acknowledgment and release of claims against the City. Such acknowledgement and release appears as Attachment "B" to this Agreement. D. All severance payments shall be paid within thirty (30) calendar days of the date Employee executes the acknowledgement and release of claims against the City. E. Notwithstanding paragraphs A, B and C, above, if Employee voluntarily resigns or retires, or is terminated due to insubordination, incapacity, dereliction of duty, addiction to a controlled substance or alcohol, conviction of a crime involving moral turpitude or involving personal gain to her or abuse of her office or position or any felony or for a breach of this Agreement, City shall have no Obligation to pay any severance provided in this section. Furthermore, Employee agrees that any severance provided shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of her office or position. F. Upon termination, Employee shall be paid for all earned, but unused, vacation time. Section 7: COMPENSATION LIMITATIONS If Employee is paid leave salary during a pending investigation, any salary provided for that purpose shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of her office or position. If Employee is provided funds for any legal criminal defense during her employment with the City, any funds provided for that purpose shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of her office or position. If this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of her office or position. Section 8: RESIGNATION 1 RETIREMENT Employee may resign at any time. Employee may retire, provided she is eligible for retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written notice of the effective date of her resignation or retirement. In the event Employee retires or resigns, Employee shall be entitled to payment for earned, but unused, vacation time, but not to severance pay as delineated in Section 7, paragraph B, above. Section 9: DISABILITY If Employee is permanently disabled or otherwise unable to perform her duties because of sickness, accident, injury, mental incapacity or health for a period of thirty (30) calendar days beyond any earned sick leave, City shall have the option to terminate this Agreement; however, the City's option to terminate under this Section shall be limited by its obligation to engage in the interactive process for reasonable accommodations and to provide reasonable accommodations as required by law. Nothing in this Section shall be construed to limit or restrict Employee's benefits or rights under workers' compensation or the Public Employees Retirement System ("PERS") and However, an employee terminated under this section is not eligible for severance pay, as delineated in Section 7 of this Agreement. In cases of disability, Employee shall be compensated for any earned, but unused, vacation leave. Section 10: GENERAL PROVISIONS A. Notice Any notices required by this Agreement shall be in writing and either delivered in person or by first class, certified, return receipt requested US Mail with postage prepaid. Such notice shall be addressed as follows: TO CITY: City Clerk City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: Zaynah N. Moussa 1948 Anaheim Ave. Costa Mesa, CA 92627 B. Entire Agreement The text of this Agreement shall constitute the entire and exclusive agreement between the parties. All prior oral or written communications understanding or agreements between the parties, not set forth herein, shall be superseded in total by this Agreement. No Amendment or modification to this Agreement may be made except by a written agreement signed by the Employee and the City and approved as to form by the City Attorney. C. Assignment This Agreement is not assignable by either the City or Employee. D. Severability In the event that any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the parties, the remainder of this Agreement shall remain in full force and effect unless the parts found to be void are wholly inseparable from the remaining portions of this Agreement. E. Effect of Waiver The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions in this Agreement by the other party shall not be deemed a waiver of that term, 4 covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other time or times. F. Jurisdiction Any action to interpret or enforce the terms of this Agreement shall be held exclusively in a state court in Los Angeles County, California. Employee expressly waives any right to remove any such action from Los Angeles County. G. Effective Date This Agreement shall take effective on January 20, 2015. [Signatures Begin on Next Page]. 5 IN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed and executed in its behalf by its City Attorney, and executed by the Employee. City of Vernon, a California charter City and California municipal corporation Dated: By.. Hema Patel, City Attorney ATTEST: Ana Barcia, Deputy City Clerk Approved as to form: Hema Patel, City Attorney 6 In signing this Agreement, Employee understands and agrees that her employment status is that of an at-will employee and that her rights to employment with the City are governed by the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies of the City of Vernon which might otherwise apply to employees of the City. Employee further acknowledges that she was given the opportunity to consult with an attorney prior to signing this Agreement. Signed: Dated: Zaynah N. Moussa 7 i tr iM*v a� JOB DESCRIPTION Deputy City Attorney Date Prepared: March 2014 Class Code: 1115 SUMMARY: Under general supervision of and direction by the City Attorney, acts as legal advisor to the Mayor and Council, City Administrator, and department directors on civil law issues; provides legal opinions and strategy, minimizes risk and liability, researches and manages legal issues, and represents the City in administrative proceedings and legal actions. ESSENTIAL FUNCTIONS: — Essential functions, as defined under the Americans with Disabilities Act may include any of the following representative duties, knowledge, and skills. This is not a comprehensive listing of all functions and duties performed by incumbents of this class; employees maybe assigned duties which are not listed below;reasonable accommodations will be made as required. The job description does not constitute an employment agreement and is subject to change at any time by the employer. Essential duties and responsibilities may include,but are not limited to,the following. Under direction of the Cily Attorney • Serves as legal advisor to the Mayor, City Council and City Administrator; attends public meetings to provide legal advice and information, and presents findings, recommendations, and effective legal solutions. • Exercises independent judgment within broad policy guidelines; evaluates legal issues, and recommends solutions to minimize risk and safeguard the City's operations; works independently and makes appropriate decisions based on knowledge of City policies; performs duties within scope of authority. • Researches a variety of legal issues related to municipal government, and advises City departments, advisory boards, and commissions on legal issues; responds to constituent inquiries and complaints. • Drafts, reviews, and amends a variety of legal documents, including contracts, ordinances, resolutions, leases, deeds, bonds, court pleadings, and technical documentation. • Represents the City in reviewing, approving, and negotiating legal issues; assures that legal issues are resolved within City policy guidelines; reviews and evaluates pertinent decisions, policies, regulations, claims, civil actions, and other legal matters; assures effective communication of issues and strategies with the City's core management team. • Manages the case preparation and resolution of litigation, negotiations, settlements, prosecutions, and other municipal legal proceedings; develops legal assessments and strategies; • Conducts factual and legal analysis to determine whether legal issues should be prosecuted or defended, based on the facts of law and evidence; conducts conferences with opposing parties on settlement of cases. • Manages legal proceedings and work products from contracted legal professionals. • Provides information, instructions, and assistance to the public and others having business with the City; responds to and resolves constituent service issues in a courteous and respectful manner. • Supports the relationship between the City of Vernon and the general public by demonstrating courteous and cooperative behavior when interacting with visitors and City staff; maintains confidentiality of work- related issues and City information; performs other duties as required or assigned. Deputy City Attorney Vernon CA 1 of 2 MINIMUM QUALIFICATIONS: Education, Training and Experience Guidelines: Juris Doctorate Degree is required; AND three years experience in a public sector legal practice, including litigation experience. Need not have knowledge and skill in all of the following areas, but must have proficiency in identified practice areas: Knowledge of: • City organization, operations, policies, and procedures. • Federal and state laws and statutes governing municipal operations and administrative law, including California Public Employment Relations Board, the Meyers-M ili as-B rown Act, California Public Records Act, California Elections Code, and the Voters Rights Act; and applicable Federal rules and regulations.. • City Attorney's protocols and strategies of negotiation and litigation. + City ordinances, codes, policies, resolutions, and agreements. • California judicial procedures and rules of evidence. • Legal precedents and court decisions impacting municipal government. • The duties, powers, authorities, and limitations of a municipal attorney. • Legal research methods, techniques, sources, and databases. • Legal, ethical and professional rules of conduct for public sector employees and elected officials. • Business computers, and standard and specialized software applications. Skill in: • Interpreting and explaining legal standards and procedures, applicable Federal and state rules and regulations, and City policies and procedures. • Defining legal issues, performing legal research, analyzing technical issues, and developing solutions. • Reviewing and assessing legal issues and documents, and making appropriate decisions. • Exercising sound judgment, negotiating agreements, and mediating difficult situations. • Litigating cases in legal hearings and courtroom settings. • Researching and identifying precedence in case law. • Investigating, analyzing, and resolving legal issues and complaints. • Assessing and prioritizing multiple tasks, projects and demands. + Using initiative and independent judgment within established procedural guidelines. • Establishing and maintaining effective working relationships with co-workers, City Council, Mayor, City Administrator, City departments and staff, regional government agencies, and the public. Communicating effectively verbally and in writing. LICENSE AND CERTIFICATION REQUIREMENTS: A valid California State Driver's License may be required. Must be licensed by the Bar to practice law in the State of California, remain active with all California Bar annual requirements, and maintain a clear criminal record. PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed in a standard office environment. Deputy City Attorney Vernon CA 2 of 2 ATTACHMENT A Job Description 8 ATTACHMENT B ACKNOWLEDGEMENT AND RELEASE This is to confirm that on this date I have received severance pay in the amount of $ pursuant to my employment agreement with the City of Vernon. I acknowledge that, in accepting such severance pay, I am releasing the City, its employees, officers and agents, from any and all claims of any kind or nature I had or may have had against the City arising from my employment with the City, including but without limitation, age discrimination claims under the Age Discrimination in Employment Act and the Older Workers Benefit Protection Act. further acknowledge that this Acknowledgment and Release releases the City from and waivers any claims I may have against the City, its employees, officers and agents, stemming from my employment relationship, including the severance thereof, to the fullest extent permissible under the law. further acknowledge that this waiver extends to all claims, Known and unknown, relative to my employment with and cessation of my employment with the City. I specifically waive the application of Civil Code §1542, which provides: A general release does not extent to claims which the creditor does not know or suspect to exist in his/her favor at the time of executing the release, which if known by him/her must have materially affected his/her settlement with the debtor. I have had the opportunity to consult with legal counsel relative to this Acknowledgement and Release, and I had a reasonable period of time within which to consider signing this Acknowledgement and Release. I have signed this Acknowledgement and Release voluntarily and willingly. Dated: Zaynah N. Moussa 9 {` ' CITY ADMI1\ IURATION POLICE DEPARTMENT Daniel Calleros, Chief of Police 4305 Santa Fe Avenue,Vernon, California 90058 Telephone (323)587-5171 Fax (323) 826-1481 January 5, 2015 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., December 16, 2014 up to and including midnight of December 31, 2014. Respectfully submitted, VERNON POLICE DEPARTMENT DANIEL CALLEROS CHIEF OF POLICE DC/dr Ecfusivefy Industnaf VERNON POLICE DEPARTMENT Department Activity Report First Date: 12/16/2014 .Jurisdiction: VERNON Last Date: 12/31/2014 Department Complaint All Units Primary Unit Type Description VPD 10-6 OFFICER IS 10-6 C7,961,962,10-10,WASH, EQUIPA 75 66 10-96H PICK UP THE JAIL PAPER WORK FROM HP JAIL 3 2 10-96M 10-96 MARY(MAIL DETAIL) 6 6 20002 NON-INJURY HIT AND RUN 4 2 20002R NON-INJURY HIT AND RUN REPORT 19 11 242 BATTERY 8 2 242R BATTERY REPORT 2 1 245 ASSAULT WITH A DEADLY WEAPON 6 2 273.5 DOMESTIC VIOLENCE 2 1 415 DISTURBING THE PEACE 26 8 417 BRANDISHING A WEAPON 3 1 422R TERRORIST THREATS REPORT 3 2 459 BURGLARY 3 1 459A AUDIBLE BURGLARY ALARM 148 80 459R BURGLARY REPORT 16 6 459S SILENT BURGLARY ALARM 4 2 459VR BURGLARY TO A VEHICLE REPORT 5 2 470R FORGERY REPORT 2 2 476R FRAUD REPORT 6 2 484 PETTY THEFT 7 2 484R PETTY THEFT REPORT 4 3 487R GRAND THEFT REPORT 5 3 586 PARKING PROBLEM 24 23 594 VANDALISM 3 1 594R VANDALISM REPORT 4 4 602 TRESPASS 8 5 647F DRUNK IN PUBLIC 2 1 901 UNKNOWN INJURY TRAFFIC COLLISION 3 1 901T INJURY TRAFFIC COLLISION 19 6 901TR INJURY TRAFFIC COLLISION REPORT 3 1 902T NON-INJURY TRAFFIC COLLISION 49 26 909T TRAFFIC HAZARD 4 3 911 911 MISUSE/HANGUP 8 5 911A CONTACT THE REPORTING PARTY 2 2 911 NR 911 CALL NO RESPONSE REQUIRED 2 1 917A ABANDONED VEHICLE 1 1 925 SUSPICIOUS CIRCUMSTANCES 55 19 A245R ATTEMPT ASSAULT WITH A DEADLY WEAPON RE 2 1 A484 ATTEMPT PETTY THEFT 3 1 AB109 PROBATION/PAROLE COMPLIANCE CHECKS 1 1 ASTVFD ASSIST VERNON FIRE DEPARTMENT 20 14 BARCK BAR CHECK 2 1 BOSIG BROKEN SIGNAL OR LIGHT 2 1 BOVEH BROKEN DOWN VEHICLE 15 12 CITCK CITATION CHECK 8 8 CIVIL CIVIL MATTER 3 2 CODE5 SURVEILLANCE/STAKE-OUT 3 2 DET DETECTIVE INVESTIGATION 22 11 0110112015 00:56:33 Page 1 of 2 VERNON POLICE DEPARTMENT Department Activity Report First Date: 12/16/2014 Jurisdiction: VERNON Last Date: 12/31/2014 Department Complaint All Units Primary Unit Type Description VPD DETAIL DETAIL 3 3 DPTAST DEPARTMENTAL ASSIST 9 4 DUI DRIVING UNDER THE INFLUENCE 2 1 DUI CKPT DUI CHECK POINT 3 1 DUITRAFFIC DUI CHECK POINT TRAFFIC 15 12 FILING OFFICER IS 10-6 REPORT WRITING 23 23 FU FOLLOW UP 24 15 GTAR GRAND THEFT AUTO REPORT $ 6 HBC HAILED BY A CITIZEN 11 7 JAILPANIC TEST THE JAIL PANIC ALARM BUTTON 1 1 LOCATE LOCATED VERNON STOLEN VEHICLE 1 1 LOJACK LOJACK HIT 1 1 PANIC ALARM PANIC ALARM/DURESS ALARM 5 2 PAPD PUBLIC ASSIST-POLICE 5 4 PATCK PATROL CHECK 83 60 PEDCK PEDESTRIAN CHECK 25 13 PRSTRAN PRISONER TRANSPORTED 4 4 REC RECOVERED STOLEN VEHICLE 2 1 RECKLESS DF RECKLESS DRIVING(23103) 15 9 REPO REPOSSESSION 3 3 RR RAIL ROAD PROBLEM 1 1 SPEED SPEED CONTEST OR SPEEDING(23109) 1 1 TRAFFIC STOI TRAFFIC STOP 127 95 VCK VEHICLE CHECK 54 37 VEH RELEASE VEHICLE RELEASE 9 7 WARRANT WARRANT ARREST 2 2 WELCK WELFARE CHECK 4 2 WRNTSVC WARRANT SERVICE 6 6 Department: 1072 682 Overall: 1072 683 0110112015 00:56:33 Page 2 of 2 VERNON POLICE DEPARTMENT Police Activity Report Period Ending: 12/31/14 TRAFFIC COLLISIONS NO. PROPERTY RECOVERED TOTAL 10 VEHICLES: $9,000.00 NON-INJURY 10 INJURY Pedestrian Fatalities City Property Damage 2 Hit&Run(Misdemeanor) 5 Hit&Run (Felony) Persons Injured VEHICLES STORED PROPERTY RECOVERED FOR Unlicensed Driver 14 OTHER DEPARTMENTS Abandoned/Stored Vehicle 6 VEHICLES: $0.00 Traffic Hazard CITATIONS Citations Iss (Prisoner Release) 2 Citations Iss (Moving) 98 Citations Iss (Parking) 23 Citations Iss (Total) 121 Hazardous 43 Non-Hazardous 55 Other Violations CASES CLEARED BY ARREST AR14-358 CR142216 245(A)(1) PC AR14-362 CR142254 148.9(A) PC AR14-363 CR142264 242 PC VERNON POLICE DEPARTMENT REPORT FOR PERSONS ARRESTED PERIOD ENDING 12/31/14 ADULT FELONY ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL ASSAULT WITH A DEADLY WEAPON 1 1 BURGLARY CRIMINAL THREATS DOMESTIC VIOLENCE GRAND THEFT IDENTITY THEFT POSS. CONTROLLED SUBS. POSS. STOLEN PROPERTY RAPE ROBBERY VEHICULAR MANSLAUGHTER VEHICLE THEFT TOTAL FELONY ARRESTS 1 0 1 ADULT MISDEMEANOR ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL BATTERY 1 1 CRIMINAL THREATS DRIVING UNDER THE INFLUENCE 1 1 FALSE INFO TO PEACE OFFICER 1 1 PETTY THEFT POSS. NARC. PARAPHERNALIA RESISTING ARREST TRESPASSING VANDALISM WARRANTS (BENCH/TRFC) 1 1 WARRANTS (FOREIGN) 1 1 TOTAL MISD. ARRESTS 5 0 5 JUVENILES DETAINED --- FELONY AND MISDEMEANOR BURGLARY MALE FEMALE TOTAL PETTY THEFT POSS. 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A> Lo A>(0 A N 'L V 7' V V N � r ��1 W O O O O O � V z N N LO O }� U v M M r r -� 0 A > o a o o �_ 0 > �. } JJ w w U m O Z W Z WCO J > -� °° g � N JN J W J -J N N N + J I + N N N Q ¢ z CO _ ° U E F- W > a z U W — Q 0 D w O D 2 Li Q w O O Q U O Q N Z Co0 Q C9 W w w ww z Q } o O-(� z W Q • (� (� l Q Q m J coO w O o N O O m w O N N tY c� Q o o O O C' w O Q' F- O w w r r a U N d 00 U Q z Q U w O U n w U W W F- N W w w = W > co w c w w Z O riUU wz = C� zw = � AAo00 a a a m a m a m m am a m a m m 0 v, O W O O AIT3w W ti o o w o w M ~ M 0) M U M U 0) N N O� N a3 0� z w R ri O �0 N A a. d � c 00 Q el fV N N N ti < <= ! f F VE z RECEIVED JAN 0 8 2015 ® �e� CITY ADM INISTRA ,p s E'• J .✓ sEEtY IN9J Jos STAFF REPORT R ORT JP AopiC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT DATE: January 7,2015 TO: Honorable Mayor and City Council PREPARED BY: Anthony Zarateor,(ij ermit Technician APPROVED BY: Samuel Kevin Wilson Director Public Works,Water&Development Services RE: DECEMBER 2014 &ANNUAL BUILDING DEPARTMENT REPORT Enclosed herewith is the Monthly Building Report for December 2014,along with the Annual Building Report for 2014.Thank you. City of Vernon Building Department Annual Report- 2014 Type Value # of Permits Commercial -Remodel 465,000.00 4 Demolition 847,000.00 8 Electrical 11,499,236.00 197 Grading 3,537,242.00 9 Industrial -Addition 87,000.00 3 Industrial - New 22,751,666.00 3 Industrial -Remodel 8,273,171.00 90 Mechanical 6,520,640.00 103 Miscellaneous Permit 7,635,062.00 160 Multi/Residential -New 5,000,000.00 1 Plumbing 2,171,324.00 83 Roofing 1,807,683.00 20 TOTALS $70,595,024.00 681 TOTAL ANNUAL FEES COLLECTED $1,011,344.17 Certificate of Occupancy-New Buildings 4 Certificate of Occupancy - Existing Buildings 20 Sam 4ele-vin Wilson Director of Public Works, Water&Development Services of°F ti City of Vernon Building Department a � Monthly Report - Prior Year Comparison - December, 2014 EGv N�s Type Value # of Permits Demolition $3351000.00 2 Electrical $2,401,650.00 16 Industrial -Addition $10,000.00 1 Industrial -New $11,400,000.00 1 Industrial -Remodel $433,100.00 7 Mechanical $203,500.00 5 Miscellaneous Permit $877,000.00 5 Plumbing $5,000.00 2 December 2014 TOTALS $15,665,250.00 39 PREVIOUS MONTHS TOTAL $54,929,774.00 642 YEAR TO DATE TOTAL $70,595,024.00 681 December 2013 TOTALS $3,020,064.00 41 PREVIOUS MONTHS TOTAL $54,085,160.00 634 PRIOR YEAR TO DATE TOTAL $57,105,224.00 675 441 Samuel ii Wilson Director of Public Works, Water&Development Services City of Vernon d m Building Department Pn� eP :,�s�,,o�•� Major Projects for the Month of December 2014 Project Address Tenant Description Job Value Demolition 4212-14 26th St Demolition of building.Floor slabs to 300,000.00 APN 5243-020-012 remain. 185,600 sq.ft. 4139 Bandini Blvd Bnsf Railway Company Building demo 83,937 sq.ft.floor slab to 35,000.00 APN 5243-020-013 remain/FW-88755 2 Record(s) $335,000.00 Industrial-New 5000 Pacific Blvd Whole Foods Market New building 130,204 sq.ft.Cold storage 11,400,000.00 APN 6308-003-022 distribution center 1 Record(s) $11,400,000.00 Industrial-Remodel 2717 Indiana St Exide Install fire exit/egress hallways inside 150,000.00 APN 5243-022-009 baghouse building 4139 Bandini Blvd Bnsf Railway Company Building demo.floor slab to 35,000.00 APN 5243-020-013 remain/FW-88755 2858 26th St Fresh American Installation-walk in cooler&relocating 150,000.00 APN 6303-003-010 wall 2425 30th St New Fashions Inc. Tenant improvement for an existing one 70,000.00 APN 6302-005-012 story warehouse building 5251 Santa Fe Ave Dutch Llc TI-Demolition and addition of interior 20,000.00 APN 6308-016-041 new bearing walls 5 Record(s) $425,000.00 Miscellaneous Permit 2717 Indiana St Exide Install wet scrubber foundation and 800,000.00 APN 5243-022-009 structure 3222 Washington Blvd Garment Line,Inc. Install additional storage racks -- Fire 40,000.00 APN 5169-023-018 sprinkler design is ESFR K25 at 25 psi-Single and double row racks-Class 2 Record(s) $840,000.00 10 Permits Total Valuation: $13,000,000.00 SamuelWilson Direc r of Public Works,Water&Development Services Page 1 of 1 CITY OF VERNON BUILDING DEPARTMENT DEMOLITION PERMITS MONTH OF DECEMBER 2014 BNSF Railway 4212-14 26t"St. Inside Redevelopment Area 185,600 sq. ft. BNSF Railway 4139 Bandini Blvd. Inside Redevelopment Area 83,937 sq. ft. Samu in ilson Direc or of Public Works, Water& Development Services CITY OF VERNON BUILDING DEPARTMENT NEW BUILDINGS FOR THE MONTH OF DECEMBER 2014 Whole Foods Market 5000 Pacific Blvd, Inside Redevelopment Area 130,204 sq. ft. Samuel KEG"In Wilson Director of Public Works, Water& Development Services CITY OF VERNON BUILDING DEPARTMENT STATUS OF CERTIFICATES OF OCCUPANCY REQUESTS MONTH OF DECEMBER 2014 REQUEST FOR INSPECTION 17 APPROVED 27 PENDING 191 TEMPORARY OCCUPANCIES 20 Samu n ilson Director o ublic Works, Water& Development Services O CD N o0 co (MO W o N �GYI h V) O M M f� V M O 0 N '" N N M � N r N 60 0) 7 � a a U) a o o O O o O o 0 0 0 0 o 0 o O o 0 . 0 0 0 0 0 d o o ai o of m of of of of m O o m O OD m oo ro eo 0 0 y Cl) p7 co M O co O O O co O s off} -a C m L L O O y tm C C C tm N EE ° ca ° c E 12 3 `.2 aco UCFI C G N G C Cf0 m m C C O N N m C N °- N O O N VOi E) N u) U) m 7^ C Y.i. 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U U L E a o ci d N �® FR" RECEIVED RECEI 5 Z015 �r� T JAN 13 2015 JAN 1 t`�W�..wo�•� CITY CLERK'S OFFICE CITY ADMINISTRATIO STAFF REPORT PUBLIC WORKS, WATER AND DEVELOPMENT SERVICES A-6 DATE: January 20, 2015 TO: Honorable Mayor and City Council S� PREPARED BY: Scott B. Rigg, Public Works & Water Superintendent APPROVED BY: Samuel Kevin Wilson,`Director of Public Works, Water and Development Services RE: Bid Award for Contract No. CS-0522 to Furnish and Install One New 30OKW Cummins Diesel Power Generator Recommendation It is recommended that the City Council: 1. Find that the proposed project proposed in this staff report, is exempt under the California Environmental Quality ACT (CEQA) in accordance with Section 15302 (C), because the proposed project consists of the replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity; and 2. Accept the bid from Cora Constructors, Inc., as the lowest responsive and responsible bidder and enter into a Labor and Materials Contract, in substantially the same form as submitted herewith, for an amount not to exceed$216,418.00, for Contract No. CS-0522 to Furnish and Install One New 30OKW Cummins Diesel Power Generator. Furthermore, authorize a contingency the amount of$35,000.00 in the event an unexpected changed condition in the project occurs and grant authority to the City Administrator to issue a change order for an amount up to the contingency amount. Background The City of Vernon (City) was issued a Notice of Violation (NOV) from the South Coast Air Quality Management District (SCAQMD) on December 19, 2013, for operating a diesel-fueled emergency internal combustion engine greater than 50 brake-horse-power for non-emergency use within one-hundred meters or 328-feet from Vernon City Elementary School. Consequently, the SCAQMD directed the City to prepare, and have approved by the SCAQMD, a compliance schedule to install a new generator that meets provisions of Rule No. 1470. The compliance schedule was subsequently approved by the SCAQMD. City staff issued the Notice Inviting Bids on November 24, 2014. The Notice Inviting Bids were posted on the City's website, published in the Vernon Sun newspaper andadvertised in the following construction related websites: Bid America, Planroom Bidboard, McGraw-Hill Construction Dodge, and Reid Construction. The specifications included the standard terms and conditions for the contract which have been approved by the City Council. The City Council officially ratified the Notice Inviting Sealed Competitive Bids to Furnish and Install One New 300KW Cummins Diesel Power Generator at its December 9, 2014, meeting. On December 16, 2014, a pre-bid meeting was held to review the project specifications in detail. The bids for Contract No. CS-0522, to Furnish and Install One New 300KW Cummins Diesel Power Generator, were received and opened on January 6, 2015. The calculated results were as follows: 1. Cora Constructors, Inc. $216,418.00 2. Total Concept Sales, Inc. $257,318.00 3. National Electrical Contractors, Inc. $294,971.00 4. HYPA Engineering, Inc. $381,500.00 It is recommended that a labor and materials contract be awarded to Cora Constructors, Inc., in a not to exceed amount of$216,418.00. Fiscal Impact The total estimated project cost will be $216,418.00; $175,000.00 has been allocated in the 2014- 2015 fiscal year budget under 0 11.1049.900000 for this project. The shortfall in funds will be made up from the Street Operations Capital Improvement Account No. 011.1043.900000. LABOR AND MATERIALS CONTRACT BY AND BETWEEN THE CITY OF VERNON AND CORA CONSTRUCTORS, INC., FOR CONTRACT NO. CS-0522 TO FURNISH AND INSTALL ONE NEW 300K This Contract is made by and between the CITY OF VERNON ("City"), a California charter City and California municipal corporation, and CORA CONSTRUCTORS, INC., a California corporation with headquarters located at 75-140 St. Charles Place, Suite A, Palm Desert, California, 92211 ("Contractor"). The City and Contractor agree as follows: 1.0 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 to Furnish and Install One New 300KW Cummins Diesel Power Generator Exhibit A, which is attached hereto and incorporated by reference. 2.0 All work shall be done in a manner satisfactory to the City's Director of Public Works, Water and Development Services ("Director"), or the Director's designee, in writing , and shall be of highest quality with respect to this project. 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. 3.0 Contractor shall commence work upon the signing of this contract and shall perform work requested in writing by Director. 4.0 In consideration of satisfactory and timely Performance of requested work, the City shall pay Contractor as follows: In the first three years of this Contract, a grand total amount not to exceed Two Hundred Sixteen Thousand Four Hundred Eighteen Dollars ($216,418.00). 5.0 Concurrently with the execution of this Contract, contractor shall furnish bonds of a surety satisfactory to the City, as provided in the specifications and Notice Inviting Bids. The cost of the bonds shall be paid by Contractor. 6.0 GENERAL TERMS AND CONDITIONS. 6.1 INDEPENDENT CONTRACTOR. 6.1.1 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 { 1 agent or employee of City and shall fumish 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 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. 6.1.2 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. 6.2 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. 6.3 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. 6.4 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. 6.5 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. 6.6 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. 6.7 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 2 � F � ,�� � - 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. 6.8 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. 6.9 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. 7.0 INTERPRETATION. 7.1 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. 7.2 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). 7.3 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. 7.4 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. 7.5 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. 7.6 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 3 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. 7.7 DUPLICATE ORIGINALS. There shall be two (2) fully signed copies of this Contract, each of which shall be deemed an original. 7.8 TIME OF ESSENCE. Time is strictly of the essence of this Contract and each and every covenant, term and provision hereof. 7.9 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. 7.10 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. 7.11 INDEMNITY. 7.11.1 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. 7.11.2 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 4 of the general public). The sole negligence or willful misconduct of City, its employees or agents other than Contractor or Contractor's subcontractors are excluded from this indemnity agreement. 7.12 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. 7.13 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. 7.13.1 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. 7.13.2 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. 7.13.3 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: 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 D r ,r� 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. 7.13.4 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. 7.13.5 Insurance shall be placed with insurers with a Best's rating of no less than B:VIII. 7.13.6 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. 7.13.7 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. 7.14 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 Attention: S. Kevin Wilson, Director of Public Works, Water and Development Services 4305 Santa Fe Ave. Vernon, CA 90058 6 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. 7.15 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. 7.16 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. 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. 7.17 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. 8.0 ADDITIONAL ASSURANCES 7 8.1 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. 8.2 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. 8.3 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 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. 8.4 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. 8.5 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 1'/2 times the basic rate of pay. 8 8.6 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 C. Upon request, certified payroll shall be provided to the City. [Signatures Begin on Next Page]. 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their duly authorized representatives as of the date set forth below. City of Vernon, a California charter City Cora Constructors, Inc., a California and California municipal corporation corporation BY, -- By: _ Mayor 1 Mayor Pro-Tem Name: _ Title: ATTEST: By: Name: Ana Barcia, Deputy City Clerk Title: APPROVED AS TO FORM: Hema Patel, City Attorney 10 EXHIBIT A PROJECT SPECIFICATIONS PART I—INSTRUCTIONS TO BIDDERS I-1 GENERAL INSTRUCTIONS 1-1.01 General Bid Requirements To be considered,a Bidder must follow the format for bids in the Specifications. Bids must be binding and firm. Any bid may be withdrawn before bid opening, but not for 90 days after opening. 1-1.02 Bidder's Guarantee Bid 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, 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. 1-1.03 Bidder Must Make Thorough Investigation It is the Bidder's responsibility to examine the location of the proposed work, to fully acquaint itself with the Specifications and the nature of the work to be done. Bidders shall have no claim against the City based upon ignorance of the nature and requirements of the project,misapprehension of site conditions,or misunderstanding of the Specifications or contract provisions. 1-1.04 Acceptance of Conditions By submitting a bid, each Bidder expressly agrees to and accepts the following conditions: I-1.04.1 All parts of the Instructions to Bidders and Specifications will become part of the Contract between the selected Bidder and the City. I-1.04.2 The City may require whatever evidence is deemed necessary relative to the Bidder's financial stability and ability to complete this project. I-1.04.3 The City reserves the right to request further information from the Bidder, either in writing or orally, to establish any stated qualifications. I-1.04.4 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. I-1.04.5 The City reserves the right to reject all bids,waive any irregularity in any of the bids,or cancel or delay the project at any time. I-1.04.6 This bidding process does not commit the City to award any contract,and the City is not liable for any costs incurred by the Bidder in the preparation and submission of a bid. 1-1.05 Truth and Accuracy of Representatbn False, incomplete or unresponsive statements in connection with the bid may be sufficient cause for rejection of a I-E PART I-PW REV. 103113 Bidder. 1-1.06 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. A Bidder's failure to address the requirements of the addenda may result in the bid not being considered. If the City determines that a time extension is required for the submission of the bid, the addenda will give the new bid opening date. 1-1.07 Notice Regarding Disclosure of Contents of Document 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 record 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 statement(i.e., regarding entire pages, documents,or other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If 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. 1-1.08 Award of Bid and Determination of Responsiveness The contract shall be awarded to the lowest responsive and responsible Bidder. In determining whether a Bidder is responsive and responsible, the following shall be considered. I-1.08.1 The quality of the material offered; I-1.08.2 The ability, capacity and skill of the Bidder to perform the contract or provide the material or services; I-1.08.3 Whether the Bidder can perform the contract or provide the service promptly,or within the time specified, without delay or interference; I-1.08.4 The sufficiency of the Bidder's financial resources and the effect thereof on their ability to perform the contract or provide the material or services; I-1.08.5 The character, integrity, reputation,judgment, experience and efficiency of the Bidder; I-1.08.6 The quality and timeliness of the Bidder's performance on previous purchase orders or contracts for the City; I-1.08.7 Litigation by the Bidder on previous purchase orders or contracts with the City; I-1.08.8 The ability of the Bidder to provide future maintenance and service where such maintenance and service is essential. 1-1.09 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 in violation of the Labor Code Section entitled"Public Works"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 I-2 PART I-PW REV 103113 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 contract. 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. 1-1.10 Errors 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. 1-1.11 Patent Fees; Patent, Copyrght, 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. 1-1.12 Taxes Price bid shall include all federal, state, local, and other taxes. 1-1.13 Local Bidders; Refund of Sales and Use Tax For the purpose of determining the lowest Bidder on a contract for materials and supplies only, 1%of that portion of the bid subject to sales or use tax shall be deducted from any bid where it is determined that if such Bidder were awarded the contract, the City would receive a refund of the 1%. I-2 SPECIAL CITY REQUIREMENTS NOTICE THERE IS AN APPENDIX "A" OF FORMS IN THESE SPECIFICATIONS WHICH A BIDDER MUST COMPLETE TO ESTABLISH COMPLIANCE WITH A NUMBER OF SPECIAL CITY OF VERNON REQUIREMENTS,INCLUDING,BUT NOT LIMITED TO, EQUAL EMPLOYMENT OPPORTUNITY AND AFFIDAVIT OF NON-COLLUSION. THESE FORMS AND THEIR INSTRUCTIONS SHOULD BE CONSIDERED AN INTEGRAL PART OF THE SPECIFICATIONS AND FAILURE TO COMPLETE THEM MAY BE GROUNDS, IN THE SOLE DISCRETION OF THE CITY, FOR REJECTION OF ANY BIDDER. 1-2.01 Equal Employment Opportunity in Contracting 1-2.01.1 Policy The City of Vernon is committed to a policy of Equal Opportunity Contracting. Qualified firms including small businesses and businesses owned by women, minorities, and disabled persons are encouraged to submit bids or proposals. Contractors expressly agree to comply with the City's ordinances and regulations regarding Equal Opportunity Employment as well as regulations that may be mandated by the source of the funds supporting this contract. I-3 PART I-PW REV 103113 1-2.02.2 Compliance To the extent permitted by law,the Contractor expressly agrees to establish compliance with the Equal Employment Opportunity Practices Provisions of federal and state law. 1-2.01.3 Required Forms No contract shall be awarded until the Bidder has submitted to the City or has on file with the City a nondiscrimination certification acceptable to the City. 1-2.02 Affidavit of Non-Collusion by Bidder The City requires that each Bidder execute and submit to the City with their Bid, the Affidavit of Non-Collusion included in Appendix "A." 1-2.03 Vernon Living Wage Ordinance This contract is subject to the Vernon Living Wage Ordinance. The selected consultant shall pay qualifying employees a wage of not less than$10.30 per hour with health benefits,or$11.55 per hour without health benefits. The consultant shall also provide qualifying employees at least twelve days off per year for sick leave, vacation or personnel necessity, and an additional ten days a year of uncompensated time for sick leave. There shall be a prohibition on an employer retaliation against an employee's complaining to the City with regard to the employer's compliance with the living wage ordinance. Contractor,and any Subcontractor(s),shall comply with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit"D"of the City's Sample Contract. Upon the City's request,certified payroll records shall promptly be provided to the City.The provisions of California Labor Code 1770,et seq., regarding the payment of prevailing wages on public works,and related regulations,apply to all City contracts. If Living Wage Provisions and Prevailing Wage provisions should both apply to this Contract, Contractor and all of its Subcontractors shall pay the higher of the applicable wages to the extent required by law. 1-2.04 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 Requirements, as a material part of the work under this Contract. 1-2.04.1 NPDES Requirements In addition, the Contractor shall adhere to NPDES (National Pollution Discharge Elimination System) 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. ]-4 PART I-PW REV 103113 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. I-3 GENERAL SPECIFICATIONS 1-3.01 Bid Proposal Quantities The quantities contained in the bid documents are approximate only, and are for the sole purpose of comparing bids. The City may, in accordance with the Standard Specifications, order more or less work or material as necessary in the City's sole discretion. Payment will be made for the amount of work or material actually provided as determined by the City and accepted at the unit or lump sum prices noted in the bid,where applicable,and those prices shall govern. 1-3.02 Registration and Qualifications of Contractors Before submitting bids, Contractors shall be licensed in accordance with the Business and Professions Code Section 7000 et. seq. and each Contractor shall insert his license number on the Bidder's Proposal. In submitting this bid,the Bidder warrants that it has work experience comparable to that which is to be performed. Prior to award of a contract,the City may request of any Bidder,a statement setting forth their work experience of a nature comparable with that which is to be performed. Such statement shall describe the work performed over the period of three(3)years next preceding the date of said statement,and shall give the owner, location,and contract price, together with the dates of beginning and completion of such work. This statement of experience shall be submitted within seven (7) calendar days after the City's notification to so submit. Failure to submit an adequate statement can result in rejection of the bid as non-responsive. 1-3.03 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"), Detailed Technical Specifications including Supplements, prepared and promulgated by Public Works Standards, Inc., a mutual benefit corporation. 1-3.04 Subcontracts In addition to the information to be listed by the Bidder with the bid pursuant to Section 2-3,entitled"Subcontracts," of the Standard Specifications,the Bidder shall provide for each subcontractor listed a brief description of the work to be subcontracted (see Page BP-(b) of the Bidder's Proposal). After bids have been received, no substitution of subcontractors in place of those listed in the bid or addition of subcontractors for work in excess of one-half of one percent of the total bid price will be permitted without the written consent of the City Engineer. The sole grounds for said consent shall be the exceptions listed in Chapter 4 of the Public Contract Code. Pursuant to California Labor Code §1021.5, the Contractor must not willingly and knowingly enter into any agreement with any person, as an independent contractor, to provide any services in connection with the Work where the services provided or to be provided requires that such person hold a valid contractor's license issued pursuant to California Business and Professions Code§§7000 et seq. and such person does not meet the burden of proof of his/her independent contractor status pursuant to California Labor Code §2750.5. In the event that the I-5 PART I-PW REV. 103113 Contractor shall employ any person in violation of the foregoing,the Contractor shall be subject to the civil penalties under California Labor Code§1021.5 and any other penalty provided by law. In addition to the penalties provided under California Labor Code§1021.5,the Contractor's violation of this Paragraph or the provisions of California Labor Code§1021.5 shall be deemed an event of the Contractor's default. The Contractor must require any Subcontractor of any tier performing or providing any portion of the Work to adhere to and comply with the foregoing provisions. Pursuant to the provisions of Labor Code Section 1777.1,the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations website at: http://www.dir.ca.govldlse/debar.html. The Contractor must not employ, hire, use or subcontract with any of the listed debarred contractors. 1-3.05 Non-Discrimination In the performance of this Contract, the Contractor must not discriminate against any employee, subcontractor,or applicant for employment because of race, religious creed,color, national origin,ancestry,physical disability,mental disability, medical condition, marital status,sex,age,or sexual orientation of any person,to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment,or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment. Violations may also result in the imposition of penalties referred to in Labor Code § 1735. 1-3.06 Protection of Existing Facilities Except where otherwise provided for,the repair or replacement of existing improvements that are damaged, injured, or removed as a result of the work shall be reflected in associated unit or lump sum prices noted in the Bidder's Proposal. 1-3.07 Contract Bonds The Bidder to whom a contract is awarded shall file the bonds specified by Section 2-4, "Contract Bonds," of the Standard Specifications 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 such additional amounts provided for adjustments to the estimated quantities contained in the Bidder's Proposal and for extra work covered by approved change orders, if any. 1-3.08 Termination of Contract Section 6-5, entitled"Termination of Contract,"of the Standard Specifications is modified to read: 'The City may terminate this contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar day's written notice to the Contractor." If the contract is thus terminated by the City for reasons other than the Contractor's failure to perform its obligations, the City shall pay the Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be the Contractor's exclusive remedy for termination without cause. 1-3.09 Liability Insurance Evidence of insurance coverage shall be provided in the manner specified in Section 7.13 Insurance of the City's Sample Contract I-6 PART I-PW REV 103113 1-3.10 Partial Payment Payment shall be due the Contractor within thirty(30)calendar days after receipt of an itemized statement for work performed during the progress payment period. 1-3.11 Security Deposits in Lieu of Retention Pursuant to Section 22300 of the Public Contract Code, the Contractor may substitute securities for any monies withheld to ensure performance under the contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a State or Federally chartered bank in California as the escrow agent,who shall then pay such monies to the Contractor. Upon satisfactory completion of the contract, the securities shall be returned to the Contractor. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by the Contractor. Upon satisfactory completion of the contract,the Contractor shall receive from the escrow agent all securities, interest,and payments received by the escrow agent from the City. The Contractor shall pay to each subcontractor, not later than 20 days after receipt of the payment,the respective amount of interest earned, net of costs attributed to retention withheld from each subcontractor, on the amount of retention withheld to ensure the performance of the Contractor. Securities eligible for investment under this section shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the City. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement to be used shall be null,void,and unenforceable unless it is substantially similar to the form specified by Section 22300(e) of the Public Contract Code. 1-3.12 Worker's Compensation Certification California Labor Code §§ 1860 and 3700 provide that every Contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code§ 1861,the Contractor, in submitting a bid, hereby certifies as follows: "I am aware of the provisions of California Labor Code§ 3700 which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code,and I will comply with such provisions before commencing the performance of the Work of this Contract." 1-3.13 Sample Contract A sample of the contract the successful Bidder will be required to enter into with the City is attached hereto as Appendix "B" and by this reference incorporated herein and made a part of these Specifications. 1-3.14 Special Conditions - Prevailing Wages and Employment of Apprentices The Contractor certifies by submission of a bid that they have not been found by the Labor Commissioner to be in violation of Prevailing Wage laws as outlined in the California Labor Code § 1777.1. The Contractor shall adhere to the provisions of Section 1770-1777 of the Labor Code and Section 7-2 entitled "Labor," of the Standard Specifications. The Contractor shall comply with and adhere to the"Special Conditions— Payment of Prevailing Wages and Employment of Apprentices"attached to Part I of these Project Specifications. Attention is directed to Section A of this attachment which states, in part, that if there is a difference between the Vernon Living Wage and Prevailing Wage rates for similar classifications of labor, the Contractor and his/her subcontractors shall pay not less than the highest wage rate. I-7 PART I-PW REV 103113 ATTACHMENT TO PART I SPECIAL CONDITIONS - PAYMENT OF PREVAILING WAGES AND EMPLOYMENT OF APPRENTICES A. Determination of Prevailing Wage Rates City has obtained from the Director of the Department of Industrial Relations (DIR) pursuant to the Labor Code determinations of the generally prevailing rates of per diem wages and the prevailing rate for holiday and overtime work in the locality in which the Work is to be performed. Copies of these determinations, entitled "PREVAILING WAGE SCALE", are maintained at the City's offices, are available during City's normal business hours and are also available on the Internet at www.dir.ca.gov/DIR/S&R/statistics research.html. If there is a difference in the Vernon Living Wage rates and the California prevailing wage for similar classifications of labor, the Contractor and Subcontractors shall pay not less than the highest wage rates. 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. Holidays shall be as defined in the collective bargaining agreement applicable to each particular craft, classification or type of worker employed under the Contract. Per diem wages include employer payments for health and welfare, pensions, vacation, travel time and subsistence pay, apprenticeship or other training programs authorized by California Labor Code §3093, and similar purposes when the term"per diem wages"is used herein. Holiday and overtime work, when permitted by law, must be paid for at the rate of at least one and one-half (11/2) times the above specified rate of per diem wages, unless otherwise specified. In accordance with Section 1773.2 of the California Labor Code,the Contractor must post a schedule showing all applicable prevailing wage rates at appropriate and conspicuous locations on the job site where they can easily be seen by workers. B. Payment of Prevailing Wage Rates 1. Statutory Requirements-The Project is subject to the provisions of Labor Code §§1720 et seq. and the requirements of Title 8 of the California Code of Regulations§§16000 et seq.,which govern the payment of prevailing wage rates on public works projects. The Contractor and Subcontractors of any tier shall be governed by and required to comply with these statutes and regulations in connection with the Project. Pursuant to Labor Code§1771,the Contractor and all Subcontractors of any tier must pay not less than the prevailing wage rates to all workers employed in execution of the Contract. Contractor and Subcontractors must comply with applicable statutes and regulations, including but not limited to Labor Code §§ 1771, 1775, 1777.5, 1813 and 1815. 2. Weekly Payments to Employees-Contractor and all Subcontractors of any tier must pay each worker on the Project, unconditionally and not less often than once each week, the full amounts that are due and payable for the period covered by the particular payday in accordance with the prevailing wage scale determination, regardless of any contractual relationship which may be alleged to exist between the Contractor, Subcontractor and such laborers. Thus, an employer must establish a fixed workweek and an established payday. On each payday, each worker must receive all sums due at the end of the preceding workweek and must be provided with an itemized wage statement. 3. Classifications - City shall require that any class of laborers or mechanics, including apprentices and trainees,which are not listed in the General Wage Determinations and which are to be employed under this Contract, shall be classified conformably to such wage determinations. In the event the City does not concur in the Contractor's proposed classification or reclassification of a particular class of laborers and mechanics (including apprentices and trainees) to be used, the question, accompanied by the recommendation of the City's Project Representative, shall be referred to the State Director of Industrial Relations for determination. 4. Fringe Benefit Cash Equivalent- City shall require, whenever the minimum wage rate prescribed for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage and the Contractor is obligated to pay a cash equivalent of such a fringe benefit,an hourly cash equivalent thereof must be established. In the event the interested parties cannot agree upon cash equivalent of the fringe benefit, the questions, accompanied by the recommendation of the City's Project Representative, shall be referred to the State Director of Industrial Relations for determination. C. Penalty for Prevailing Wage Rate Underpayment Pursuant to Labor Code §1775, the Contractor must, as a penalty,forfeit Fifty Dollars($50.00)to the City for each calendar day or portion thereof, for each worker paid less than the prevailing wage rates as determined by the Director of the Department of Industrial Relations for such work or craft in which such worker is employed for the Work by the Contractor or by any Subcontractor,of any tier, in connection with the Work. The difference between ATTACHMENT TO PART I-PW REV 103113 prevailing wage rates and the amount paid to each worker each calendar day, or portion thereof, for which each worker paid less than the prevailing wage rate, must be paid to each worker by the Contractor. D. Withholding The City shall upon its own action or upon written request of an authorized representative of the Department of Labor or DIR, withhold or cause to be withheld from the Contractor under this Contract so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any Subcontractor the full amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the Work, all or part of the wages required by the Contract, the City may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. E. Certified Payroll Records and Basic Payroll Records The Contractor and Subcontractors of any tier must maintain Certified Payroll Records and"Basic Payroll Records", defined as time cards, front and back copies of canceled checks, cash receipts, trust fund forms, daily logs, employee sign-in sheets, accounting ledgers, tax forms and/or any other record maintained for the purposes of reporting payroll, during the course of the Work and must preserve them for a period of three (3) years after completion of the Project for all trades workers executing the Work of the Contract. Certified Payroll Records must be submitted at the times designated in Paragraph F below or upon request as described in Paragraph G below. City reserves the right to require Contractor to routinely submit Basic Payroll Records may be requested by the City at any time and must be provided within ten (10) calendar days following the receipt of the request. F. Submittal of Certified Payroll Records Pursuant to Labor Code§1776,the Contractor and each Subcontractor of any tier must maintain an accurate,weekly payroll record showing the employee full name,address,social security number,work classification,amount paid per hour,straight time,overtime and holiday hours worked each day and weekly totals,the actual per diem wages paid to each person employed for the Work, and the gross/net wages paid for this Project/all projects, as well as the Contractor name and address, Project name and location,and dates of payroll. If payments are made to any third party trust,funds or plans for health and welfare, pension or vacation trusts,those payments must be stated on the Certified Payroll Record. The basic wage rate paid per hour plus the employer contributions for benefits, including training fund contributions, must at least equal the prevailing wage rate for that classification. The Contractor must maintain and submit its Certified Payroll Records and those of its Subcontractors. City reserves the right to require Contractor to submit to the City each week, no later than seven (7) calendar days after the payday for the week covered, the Certified Payroll Records of Contractor and its Subcontractors of every tier. If there is no Work on a given week or on a given day, the Certified Payroll Record must indicate"no work"for that week or day(s). The Certified Payroll Records must account for each day of the week including Saturdays, Sundays and holidays. Contractor and Subcontractors of every tier must write"final"on the last submitted Certified Payroll Record for the Project. The Certified Payroll Records must be verified by a written declaration made by a person with authority to represent the reporting entity, under penalty of perjury,that the information contained in the payroll record is true and correct and that the reporting entity has complied with the requirements of California Labor Code §§1771, 1811,and 1815 for any Work performed by his, her or its employees on the Project. Contractor agrees that submission of Certified Payroll Records as well as all related or subsequent requests for supporting document made by City shall be a condition precedent to Contractor's receipt of a progress, final, or retention payment. The City shall withhold any portion of the progress, final, or retention payment up to and including the entire payment until the Certified Payroll Records requirement is met by the Contractor or its Subcontractor. If the Contractor or any Subcontractor is determined to have failed to pay workers in compliance with the applicable prevailing wage sections of the Labor Code,the City shall continue to withhold progress,final,or retention payments until sufficient funds have been withheld for payment of wages to workers and all applicable penalties. G. Making Certified Payroll Records Available Upon Request Pursuant to Labor Code§1776, in addition to its obligation to deliver certified payroll records to the City on a weekly basis as set forth above, the Contractor must also make payroll records available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: (i) a certified copy of an employee's payroll record must be made available for inspection or furnished to such employee or his/her authorized representative on request; (ii)a certified copy of all payroll records must be made available for inspection or furnished upon request to ATTACHMENT TO PART I-PW REV 103113 the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations; (iii)a certified copy of payroll records must be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public must be made through either the City,the Division of Apprenticeship Standards,or the Division of Labor Standards Enforcement. If the requested payroll records have not been previously provided to the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, the requesting party must, prior to being provided the records, reimburse the cost of preparation by the Contractor, Subcontractors and the entity through which the request was made; and the public may not be given access to such records at the principal office of the Contractor; (iv)the Contractor must file a certified copy of the payroll records with the entity that requested such records within ten (10) calendar days after receipt of a written request; (v) any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor or any Subcontractor,of any tier, performing a part of the Work must not be marked or obliterated. The Contractor must inform the City of the location of payroll records, including the street address, City and county and must, within five (5) working days, provide a notice of a change or location and address. H. Forfeiture for Failure to Comply with Written Record Request Laws The Contractor or Subcontractor shall have ten (10) calendar days in which to comply, subsequent to receipt of written request regarding Certified Payroll Records or Basic Payroll Records. In the event Contractor or a Subcontractor fails to strictly comply after such 10-day period,the Contractor or Subcontractor shall, as a penalty to the City,forfeit Twenty-Five Dollars($25.00)for each calendar day,or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from any portion of the Contract Price then or thereafter due the Contractor. A Contractor is not subject to a penalty assessment pursuant to this paragraph due to the failure of a Subcontractor to comply with this section. I. Hours of Work 1. Limits on Hours of Work- Pursuant to Labor Code §1810, eight(8) hours of labor shall constitute a legal days work. Pursuant to Labor Code §1811, the time of service of any worker employed at any time by the Contractor or by a Subcontractor, of any tier, upon the Work or upon any part of the Work, is limited and restricted to eight(8) hours during any one calendar day and forty(40)hours during any one calendar week, except as hereafter provided. Notwithstanding the foregoing provisions,Work performed by employees of Contractor or any Subcontractor,of any tier, in excess of eight(8)hours per day and forty(40)hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half(11/2) times the basic rate of pay. 2. Penalty for Excess Hours- Pursuant to Labor Code§§1813 and 1815,the Contractor shall pay to the City a penalty of Twenty-five Dollars($25.00)for each worker employed in the execution of the Contract by the Contractor or any Subcontractor, of any tier, for each calendar day during which such worker is required or permitted to work more than eight(8) hours in any calendar day and forty (40) hours in any one calendar week, in violation of the provisions of the California Labor Code, unless compensation to the worker so employed by the Contractor is not less than one and one-half(11/2)times the basic rate of pay for all hours worked in excess of eight (8) hours per day. 3. Contractor Responsibility For Cost of Excess Hours-Any Work performed by workers necessary to be performed after regular working hours or on Sundays or other holidays must be performed without adjustment to the Contract Price or any other additional expense to the City. 3. Responsibility for Subcontractors' Payment of Prevailing Wages Pursuant to Labor Code§1774,the Contractor is responsible for ensuring that all Subcontractors of any tier comply with requirements for payment of prevailing wages. Contractor is responsible for Labor Code violations by Subcontractors of any tier. The agreement executed between the Contractor and each Subcontractor must contain a copy of the provisions of Labor Code §§ 1771, 1775, 1777.5, 1813 and 1815, at a minimum. Contractor must monitor each Subcontractor's payment of prevailing wage rates. Upon becoming aware of the failure of any Subcontractor of any tier to pay its workers the specified prevailing wage,the Contractor must diligently take action to halt and rectify the failure, including, without limitation, retaining sufficient funds due to the Subcontractor to cover the underpayment. Before making final payment to any Subcontractor,the Contractor must obtain an affidavit from the Subcontractor,signed under penalty of perjury, which states that the Subcontractor has paid the specified, determined prevailing wage rate to its employees for the Project, as well as any amounts due pursuant to Labor ATTACHMENT TO PART I-PW REV. 103113 Code §18'13. Contractor must provide copies of such affidavits to the City and provide Contractor's affidavit that it has paid the specified,determined prevailing wage rate to its employees for the Project,as well as any amounts due under Labor Code §1813. K. Statement of Employer Payments Within five (5) calendar days of signing the Contract or Subcontract, as applicable, the Statement of Employer Payments(DSLE Form PW 26) must be completed and submitted to the City by each Contractor and Subcontractor 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 or trust name, address, administrator, and amount per hour contributed and frequency of contributions. Training fund contributions must also be reported on this form. In February and August of each year during the Project, the Contractor and Subcontractors of any tier must verify changes in wage rates for any trade classifications used on the Project. Thereafter,Contractor and its Subcontractors must submit a new Statement of Employer Payments to the City which reflects any changes in wages and benefits. L. Apprentices 1. Apprenticeship Committee Contract Award Information-Pursuant to Labor Code§1777.5 and Title 8 California Code of Regulations §230, Contractor and Subcontractors of any tier who are not already approved to train by an apprenticeship program sponsor must,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 contract award information. This information may be a Public Works Contract Award Information form(DAS form 140). The contract award information must be provided to the appropriate local apprenticeship committees whose geographic area of operation include the area of the Project and can supply apprentices to the Project. Contractor and Subcontractors must also submit a copy of the form to the City which must include, in addition to other information, an estimate of journeymen hours to be performed under the Contract or Subcontract, the number of apprentices to be employed, and the approximate dates the apprentices will be employed. Failure to provide contract award information,which is known by the Contractor or Subcontractor,shall be deemed to be a continuing violation for the duration of the Contract. 2. Employment of Apprentices - Labor Code §1777.5 and Title 8 California Code of Regulations §§200 et seq. provide detailed requirements for employing apprentices on public works. The responsibility of complying with Section 1777.5 and the regulations lies exclusively with the Contractor. When the Contractor of Subcontractor employs workers in any Apprenticeable Craft or Trade, the Contractor and Subcontractor must employ apprentices in at least the ratio set forth in Labor Code Section 1777.5. Every apprentice employed to perform any of the Work must be paid the prevailing rate of per diem wages for apprentices in the trade to which such apprentice is registered, and such individual must be employed only for the work of the craft or trade to which such individual is registered. Only apprentices,as defined in California Labor Code§3077,who are in training under apprenticeship standards and written apprenticeship agreements under California Labor Code§§3070 et seq. are eligible to be employed for the Work. The employment and training of each apprentice shall be in accordance with either of the following: (1) The apprenticeship standards and apprentice agreements under which such apprentice is training; or (2) The rules and regulations of the California Apprenticeship Council, including regulation Section 230.1 (c), which requires that apprentices employed on public projects can only be assigned to perform work of the craft or trade to which the apprentice is registered and that the apprentices must at all times work with or under the direct supervision of journeyman/men. 3. Apprenticeship Certificate and Request for Dispatch of Apprentices a. When the Contractor or any Subcontractor of any tier in performing any of the Work employs workers in any Apprenticeable Craft or Trade,as defined in Paragraph L(4),the Contractor and such Subcontractor may apply to the Joint Apprenticeship Committee administering the apprenticeship standards of the craft or trade in the area of the site of the Work for a certificate approving the Contractor or such Subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected, provided, however, that the approval as established by the Joint Apprenticeship Committee or Committees shall be subject to the approval of the Administrator of Apprenticeship. The Joint Apprenticeship Committee or Committees, subsequent to approving the Contractor or Subcontractor, shall arrange for the dispatch of apprentices to the Contractor or such ATTACHMENT TO PART I-PW REV 103113 Subcontractor in order to comply with California Labor Code §1777.5. There shall be an affirmative duty upon the Joint Apprenticeship Committee or Committees, administering the apprenticeship standards of the crafts or trades in the area of the site of the Work,to ensure equal employment and affirmative action and apprenticeship for women and minorities. Contractors or Subcontractors shall not be required to submit individual applications for approval to local Joint Apprenticeship Committees provided they are already covered by the local apprenticeship standards. b. Contractors who are not already approved to train apprentices must request dispatch of required apprentices from one of the applicable Apprentices Committees whose geographic area of operation includes the site of the Project by giving the committee actual notice of at least forty-eight(48) hours (excluding Saturdays, Sundays and holidays) before the date on which one or more apprentices are required. Contractors and Subcontractors may use DAS form 142 to make the request for apprentices. However, if a non-signatory contractor declines to abide by and comply with the terms of a local committee's standards, the Apprenticeship Committee shall not be required to dispatch apprentices to such contractor. Conversely, if in response to a written request,an Apprenticeship Committee does not dispatch any apprentice to a contractor who has agreed to employ and train apprentices in accordance with either the Apprenticeship Committee's Standards or the California Apprenticeship Counsel Regulations(Title 8, Section 230 et.seq.)within 72 hours of such request(excluding Saturdays,Sundays and holidays)the contractor shall not be considered in violation of Section 230.1 as a result of failure to employ apprentices for the remainder of the Project, provided the contractor has made the request in enough time to meet the required ratio. If an Apprenticeship Committee dispatches fewer apprentices than the Contractor or Subcontractor requested,the Contractor or Subcontractor shall be considered in compliance if the contractor employs those apprentices who are dispatched, provided that,where there is more than one Apprenticeship Committee able and willing to unconditionally dispatch apprentices,a Contractor or Subcontractor who is not a participant in an apprenticeship program has requested dispatch from at least two committees. 4. Ratio of Apprentices to Journeymen a.The ratio of Work performed by apprentices to journeymen,who shall be employed in the Work, may be the ratio stipulated in the apprenticeship standards under which the Joint Apprenticeship Committee operates, but in no case shall the ratio be less than one hour of apprentice work for every five hours of labor performed by a journeyman,except as otherwise provided in California Labor Code§1777.5. The ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the site of the Work and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any Work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The Contractor must employ apprentices for the number of hours computed as above before the end of the Contract or subcontract, as applicable. The Contractor must, however, endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the site of the Work. Where an hourly apprenticeship ratio is not feasible for a particular Craft or trade, the Division of Apprenticeship Standards, upon application of a Joint Apprenticeship Committee, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. b.The Contractor or any Subcontractor covered by this Paragraph and California Labor Code§1777.5,that has agreed to be covered by an Apprenticeship Program's standards, upon the issuance of the approval certificate, or that has been previously approved in such craft or trade, must employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards,but in no event less than the 1-to-5 hourly ratio. Upon proper showing by the Contractor that it employs apprentices in such craft or trade in the State of California on all of its contracts on an annual average of not less than one apprentice to each five journeymen,the Division of Apprenticeship Standards may grant a certificate exempting the Contractor from the 1-to-5 hourly ratio as set forth in this Paragraph and California Labor Code §1777.5. S. Exemption-The requirement to employ apprentices shall not apply to contracts of general contractors,or to contracts of specialty contractors not bidding for work through a general or prime contractor, involving less than Thirty Thousand Dollars ($30,000.00) or twenty (20) Working Days. The term "Apprenticeable Craft or Trade,"as used herein shall mean a craft or trade determined as an Apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council. ATTACHMENT TO PART I-PW REV. 103113 '6. Contributions to Trust Funds-The Contractor or any Subcontractor of any tier who performs any of the Work by employment of journeymen or apprentices in any Apprenticeable Craft or Trade shall contribute to the California Apprenticeship Council in the same amount that the Director determines is the prevailing amount of apprenticeship training contributions in the area of the Project. Contractor or any Subcontractor, of any tier, may take as a credit for payments to the Council any amounts paid by the Contractor or Subcontractor to an approved apprenticeship program that can supply apprentices to the Project. Contractors who do not contribute to an apprenticeship program must submit their contributions to the California Apprenticeship Council. Training Fund contributions are due and payable on the 15th day of the month for work performed during the preceding month. Training contributions to the California Apprenticeship Council shall be paid by check and shall be accompanied by a Completed Training Fund Contribution form (CAC-2). Contractors who contribute to an apprenticeship program are entitled to a full credit in the amount of those contributions. The Division of Labor Standards Enforcement is authorized to enforce the payment of such contributions to such fund(s)as set forth in California Labor Code§ 227. Such contributions shall not result in an increase in the Contract Price. 7. Contractor's Compliance - The responsibility of compliance with this Paragraph for all Apprenticeable Trades or Crafts is solely and exclusively that of the Contractor. All decisions of the Joint Apprenticeship Committee(s) under this Paragraph are subject to the provisions of California Labor Code §3081. In the event the Contractor willfully fails to comply with the provisions of this Paragraph and California Labor Code §1777.5, pursuant to California Labor Code §1777.7,the Contractor shall: (i) be denied the right to bid on any public works contract for a period of one(1)year from the date the determination of non-compliance is made by the Administrator of Apprenticeship; and (ii) forfeit, as a civil penalty, One Hundred Dollars ($100.00)for each calendar day of noncompliance. Notwithstanding the provisions of California Labor Code §1727, upon receipt of such determination,the City shall withhold such amount from the Contract Price then due or to become due. Any such determination shall be issued after a full investigation,a fair and impartial hearing, and reasonable notice thereof in accordance with reasonable rules and procedures prescribed by the California Apprenticeship Council. Any funds withheld by the City pursuant to this Paragraph shall be deposited in the General Fund or other similar fund of the City. The interpretation and enforcement of California Labor Code §§1777.5 and 1777.7 shall be in accordance with the rules and procedures of the California Apprenticeship Council. ATTACHMENT TO PART I-PW REV. 103113 PART II. CITY OF VERNON SPECIAL PROVISIONS- SPECIFIC FOR THIS PROJECT II-1.01 SCOPE OF WORK 1. The contractor shall furnish and install one new 30OKW Cummins Diesel Generator, equipped with diesel particulate filter, in accordance with the specifications listed in Part No. III.The proposed generator is to be used in place of the existing 250KW Kohler diesel generator located at the City Hall basement.The emergency power needs include, lighting, backup power for City's telephone,computer systems, and operation of Police&Fire Departments located in the City Hall. 2. The Cummins Generator shall be brand new, unused and guaranteed from defects in material, design and workmanship. 3.The proposed emergency generator may be installed in the City Hall basement (Under Alternative No. 1), or at the ground level (Alternative No. 2) on a concrete pad in a vacant lot at the rear of the City Hall building (see the Site Map Drawing, Attachment No. 1). 4. Under Alternative No. 2, construct a concrete pad for the placement of the diesel generator with double walled base fuel tank. Run electrical conduit a minimum of 30"deep, routed as shown on Attachment No. 1. 5. Furnish and instal[double walled base fuel tank(Alternative No. 2 only)with capacity to supply fuel for 72 hours of emergency operation at 100% load. 6. Provided electrical cable extension and associated components for connection to the electrical panels/transfer switch in the City Hall building basement.The electrical cable can be routed underground from the proposed location (see Site Map Drawing, Attachment No. 1). 7.The contractor shall prepare design drawings including underground conduit placement,foundation design for the generator installation,and obtain no fee permits from the Vernon Building Department prior to the commencement of work. 8. The emergency generator must properly work with the automatic start transfer switch and other electrical connection equipment currently installed at City Hall. 9.The bidding contractor must have a valid State of California business license,valid State of California Engineering Contractor Class (B) License or C-10 License. 10. The contractor is to install the emergency diesel powered generator in accordance with the current California building code and electrical national code as adopted by the City.The contractor is to secure all necessary permits and approvals from the City and SCAQMD for installation of the diesel generator and associated diesel particulate filter. 11. All attachments, equipment or accessories not specifically listed in this bid request must conform to the best practices known within the emergency generator industry in trade, quality, workmanship and design. 12.The Contractor shall provide a temporary standby power generator(minimum of 250 KW)and all the cables and connections to supply back up power during the period that the new diesel power generator is being installed. Onsite staff training need to be provided by the contractor for operation of the backup generator. The backup generator shall be onsite until the newly installed diesel generator has been tested and is fully operational. 13. The contractor/generator supplier shall provide a 2 hour start up test by load bank and conduct onsite staff training. Two copies of the manual on equipment operation and maintenance need to the City. 14. The contractor shall remove and dispose of existing Kohler 25OKW generator (Alternative Nos. 1 and 2) in accordance with state and federal regulations. Under Alternative No. 1, the contractor shall reuse the existing fuel line from the city yard fuel tanks. Under Alternative No. 2,the contractor shall cap the fuel line at the basement wall in accordance with industry standards. II-1 PART 11-SPECIAL PROVISIONS REV 12/10/13 15. The proposed generator shall be guaranteed for a period of five (5) years trouble-free operation. The vendor shall furnish and replace, with no cost to the City, any equipment or part that is defective or shows signs of undue wear within five (5) years after acceptance of the contract work. A warranty certificate shall be issued, upon acceptance of the work, to the City reflecting an effective date the warranty coverage commences. 16. The contractor/generator supplier shall furnish two (2) complete bound sets of owner's manuals providing instructions for the operation, adjustment, lubrication, and maintenance of the proposed generator. 17. The contractor, upon delivery, shall perform a walk-around and detailed inspection with a designed City of Vernon representative. The City of Vernon's acceptance of the delivered unit will be contingent upon the subject unit's conformance with the specifications listed in Part No. III. The inspection of the work shall not relieve the contractor of any obligation to fulfill the contract and/or complete the project described. 18. The proposed generator is to be pre-approved by the SCAQMD for operation within the area jurisdiction. II-1.02 CONTRACT PLANS The contract plans consist of Attachment No. 1. II-1.03 SPECIFICATIONS For the purpose of this contract, the Detailed Technical Specifications and the "GREENBOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (2012) Edition shall apply. II-1.04 CONTRACT LENGTH 70 days from commencement of work. II-1.05 DELAYS AND EXTENSIONS OF TIME The Provisions of Section 6-6 entitled "Delays and Extensions of Time"of the Standard Specifications shall apply except as modified and supplemented below. The second paragraph of subsection 6-6.1 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 required 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. II-1.06 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 ty the Engineer, whether a cause is determined or not, shall be repaired or replace by the Contractor at his expense. II-1.07 LIQUIDATED DAMAGES In accordance with Section 6-9 of the Standard Specifications, for each consecutive calendar day required to complete the work in excess of the time specified herein for its completion, as adjusted in accordance with Section 6-6 of the Standard Specifications, the Contractor shall pay to the City, or have withheld from monies due it, the sum of$1,500. II-2 PART 11-SPECIAL PROVISIONS REV 12/10/13 II-2.01 SCHEDULING OF WORK The Contractor shall submit his work schedule to the City Engineer at the pre-construction meeting. The construction schedule shall show the sequence of work, critical path and estimated time for completion of each segment of work. This schedule must be reviewed and accepted by the City Engineer, or his/her designee, before the Contractor will be permitted to begin work. In addition, the Contractor shall submit a detailed schedule forecasting two weeks of work describing each day's work. This schedule shall be updated and submitted to the City every other Monday during the construction period. The Contractor shall give forty eight (48) hours' notice to the City Engineer prior to the start of work. All required overtime work shall be approved, in advance, by the City Engineer.The normal work schedule will be Monday through Friday, 7:00 a.m. to 5:00 p.m. II-3.01 EXTRA WORK In the event the City and the Contractor are unable to negotiate an agreed price for extra work,which is acceptable to both parties, payment shall be made based on time and materials as follows: 1) Work by Contractor;The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: a) Labor.................................................................................................20% b) Materials............................................................................................15% c) Equipment Rental...............................................................................15% d) Other Items and Expenditures.............................................................15% 2) Work by Subcontractor: When all or any part of the extra work is performed by a Subcontractor,the above markups shall apply to the aggregate sum of the extra work, regardless of the number of tiers of subcontractors used. In addition, a markup of 10 percent on the first$5,000 of extra work and a markup of 5 percent on work in excess of$5,000 may be added by the Contractor. 3) The Contractor shall pay for any costs incurred for overtime inspection. II-3.02 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. II-3.03 TRAFFIC REQUIREMENTS Before any partial or total closure of any street, the Contractor shall be required to obtain the approval of the City Engineer, or his/her designee. The Contractor shall comply with Section 7-10 of the Standard Specifications and provide safe and continuous passage for pedestrians and vehicular traffic at all times. The Contractor shall provide and maintain all necessary flagmen, barricades,delineators, signs,flashers and any other safety equipment as set-forth in the latest publication of the State of California, Division of Highways, Traffic Manual or as required by the City Engineer to insure safe passage of traffic. I1.3 PART 11-SPECIAL PROVISIONS REV 12/10/13 II-6.01 CONSTRUCTION ORDER OF WORK Work within certain commercial areas of the various districts shall be scheduled so as to lessen the impact upon businesses and dining establishments. Requirements— General: 1) All construction shall conform to Sections 6-1 and 6-2 of the Standard Specifications and shall proceed in a smooth, efficient, timely and continuous manner. As such, once construction is started in a work area, the contractor will be required to work continuously in that work area until construction has been completed and the work area is open and accessible to both vehicular and pedestrian traffic in a manner approved by the Engineer before the next stage of work will be allowed to begin. 2) Once construction is started in a work area, the Contractor shall not withdraw manpower or equipment from that work area in order to start construction in another work area if done so, in the opinion of the Engineer, delays the completion of the work presently under construction. 3) Unless otherwise stated, the Contractor shall maintain continuous access to all commercial developments and businesses within the project limits, including store and restaurant entrances, and drive approaches, unless the Contractor has obtained the approval of the Engineer to close either such access or drive approach. 4) No stockpiling of material and construction equipment in or on public streets or sidewalks will be permitted on this project. Material and equipment placed in or on public streets, sidewalks and in the construction area shall be used the same day. The Contractor may elect to obtain a storage yard for his materials and construction equipment for the duration of this contract in order that work on this project will proceed in an efficient manner. Said storage yard shall conform to all City regulations, ordinances, and zoning requirements and shall be maintained in a neat and orderly manner. II-7.01 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 discharged 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. II-9.01 PROTECTION OF THE PUBLIC The Contractor shall take such steps and precautions as his/her operations warrant to protect the public from danger, loss of life, loss of property or interruption of public services. Unforeseen conditions may arise which will require that immediate provisions be made to protect the public from danger or loss,or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion 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 II-4 PART 11-SPECIAL PROVISIONS REV 12/10/13 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. II-5 PART 11-SPECIAL PROVISIONS REV_ 12/10/13 PART III-SPECIFICATIONS 30OKW CUMMINS DIESEL POWER GENERATOR 1. 30OKW Cummins Diesel Power Generator: • Model No. QSL9-G7. • EPA Family No. ECEXL0540AAB (B563). • Configuration: Cast Iron, in-line 6 cylinder,4 cycle, 8.9 liters. • Aspiration:Turbocharged and CAC. • Manufacturer Maximum Rating: 464 BHP, 1800 RPM. • 480 Volts, 3 phase, in compliance with EPA Tier III and AQMD rule 1470.To be equipped with Johnson Matthey diesel particulate filter onsite, with a minimum Particulate Matter Control efficiency of 85%. • Alternator, 60 HZ, Meters AC output analog. • Generator set control display in English language. • Stop emergency switch externally mounted. • Engine cooling radiator, shut down coolant level. • Engine air cleaner, normal duty. • Battery charger, 12 Amp, regulated. Ua_2200 Listed Packages. • Contractor shall furnish A 20OKW enclosed load bank unit(Avtron or compatible brands, 240/480 volts, 3 phase,60 HZ)with vertical exhaust air flow outlet,capable of supplying a minimum of 60% load on the emergency generator. • The generator shall not exceed 65 decibels at 25-feet. 2. The requirements of Alternative No_ 2 are consistent with Alternative No. 1 with the. exteptioi_of the following additional egu3prnent that shall be provided: Double walled base fuel tank, with a capacity for 72 hours of fuel for emergency operation at 100% load, Equipped with automatic fuel fill shut off valve, and fuel spill containment basin, and extended vent line. EXHIBIT B BIDDERS PROPOSAL APPENDIX"A"—Forms to be Completed by Bidder BIDDER'S CHECKLIST TO THE BIDDER: The following list is provided for the convenience of both you and the City and to help eliminate errors and omissions which may render your bid unacceptable. Please check all appropriate boxes and submit with your bid. IDENTITY CONFIRMATION BP-(a) SUBCONTRACTOR LISTING/SHORING DESIGN BP-(b) AFFIDAVIT OF NON-COLLUSION (SIGNED BY BIDDER) BP-(c) LIVING WAGE COMPLIANCE CERTIFICATION BP-(d) VENDOR LIST QUESTIONNAIRE&EQUAL OPPORTUNITY EMPLOYMENT&NON-SEGREGATION AA FORMS Bids are to be signed and submitted in TRIPLICATE. Bidder must submit bids in an 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 and address appearing on the outside. Bids should be addressed to: City Clerk City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Mail sufficiently early or deliver in person before the time and day listed in the Notice Inviting Bids. Bids must be received in the City Clerk's Office before that time. BIDDER'S PROPOSAL TO TO FURNISH AND INSTALL ONE NEW 30OKW CUMMINS DIESEL POWER GENERATOR ITEM NO. ITEM TOTAL PRICE ALTERNATIVE NO. 1 FURNISH AND INSTALL ONE NEW 30OKW DIESEL POWER GENERATOR AND RELATED EQUIPMENT IN THE BASEMENT OF CITY HALL.REMOVE EXISTING GENERATOR FROM THE BASEMENT LOCATION. I COMPLETE IN PLACE AT A LUMP SUM PRICE_ . ALTERNATIVE NO.2 FURNISH AND INSTALL ONE NEW 30OKW DIESEL POWER GENERATOR,DOUBLE WALLED FUEL TANK AND RELATED EQUIPMENT IN CITY YARD. INSTALL GENERATOR AND FUEL TANK ON CONCRETE FOUNDATION.REMOVE EXISTING GENERATOR. �^ Oa 2 COMPLETE IN PLACE AT A LUMP SUM PRICE. LOWER PRICE OF ALTERNATIVE 1 OR 2-GRAND TOTAL PRICE $ 1p NOTE:ALL BID ITEMS REFER TO THE SCOPE OF WORK AND TECHNICAL SPECIFICATIONS.THE LOWEST BIDDER SHALL BE DETERMINED BASED UPON THE PRICE QUOTED ON THIS FORM FOR THE LOWER COST OF ALTERNATIVES 1 OR 2.THE GRAND TOTAL COST SHALL REFECT EITHER ALTERNATIVE NO. 1 OR 2;WHICHEVER IS LOWER.THE QUOTED PRICE SHALL ENCOMPASS THE ENTIRE COST OF THE PROJECT INCLUDING GENERATOR, ELECTRICAL WIRES,INSTALLATION OF A TEMPORARY STANDBY GENERATOR,AND REMOVAL AND DISPOSAL OF THE EXISTING KOHLER GENSET(ALTERNATIVES 1 &2). TOTAL $ (Also, enter Total at top of page -3) BP-2 CS-0484 GRAND TOTAL$ It(v T 9 G� The undersigned Bidder agrees to commence work within fifteen(15)calendar days from the date issuance of a Notice to Proceed and proposes and agrees to have all work completed within [insert contract length] of the contract time commences. The undersigned Bidder acknowledges receipt of the following addenda issued for the above project. If no addenda have been received, write"none". FAILURE TO ACKNOWLEDGE RECEIPT OF ANY ADDENDA ISSUED WILL RENDER THE CONTACTOR'S BID NON-RESPONSIVE. List of addenda Received: n't PLEASE SEE PART I SECTION 2.01.3 REp IRM FORMS. Bidder shall execute the following (Appendix"A'J: Page 1. Identity Confirmation BP-(a) 2. Subcontractor Listing/Shoring Design BP-(b) 3. Affidavit of Non-Collusion BP-(c) 4. Living Wage Compliance Certification BP-(d) 5. Vendor List Questionnaire&Equal Opportunity Employment&Non-Segregation AA FORMS The Bidder declares that neither he/she nor any member of his/her firm or corporation is in office or an employee of the City of Vernon. Bidder's Proposal Respectfully Submitted, (If a Bidder is a corporation, by its seal must be impressed hereon) Authorized Signatory California State Contractor's License No. 30 California Corporation No. _ L a -1 0 87 5 l BP-3 CS-0484 APPENDIX"A"—Forms to be Completed by Bidder IDENTITY CONFIRMATION Contractor's NameLjIS�JQC+Ors Office Address 5- . rj 21-4) CA If an individual, so state If a partnership,corporation or firm, so state, giving the names and addresses of individuals constituting the organization. on l� r-r� A . CA 42Z710 If a corporation, give the following information: Name of President ��-tflYl Name of Secretary Y��1� S 5a o L�+-o r-1 Organized under the laws of the State of 1 '10 r n i O, Name and address of local representative n 10 C,k4 LO r-� Telephone: C-1 Fax: (Here attach a certificate in form to confirm 1) the identity of the bidder or officer who signs above, 2) the fact that he is the officer named, and 3) his authority to bind the bidder). BP-(a) i i APPENDIX"A"—Forms to be Completed by Bidder SUBCONTRACTOR LISTING/SHORING DESIGN SUBCONTRACTOR LISTING Names (s) Addr ss Description of Work SHORING DESIGN If shoring is required as part of this project, then the Civil or Structural Engineer who design this shoring is to be listed below,even if said Engineer is employed by the Contractor. If no shoring is required, write"NONE". Engineer Names (s) Address Description of Work NA BP-(b) APPENDIX"A"—Forms to be Completed by Bidder AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR STATE OF CALIFORNIA ) ) ss COUNTY OF--��LOOS ANGELES -;?e,1wt*tit S ©C "CO r _ ,being first duly sworn deposes and says that he/she is (Insert"Sole Owner",,"Partner","President,"Secretary",or other proper title) of CJ0 r� Lo,15.��[ _A y)G (Insert name of bidder) who submits herewith to the City of 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 or fix any overhead,profit or cost element of his 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 any corporation,partnership, company,association,organization,bid depository,or to any member or agent thereof,or to any individual or group of individuals,except the City of Vernon, or to any person or persons who have a partnership or other financial interest with said bidder in his business. 1 certify under penalty of perjury that the above information is come By: �- l Title: �51 P_.11 Date: BP-(c) APPENDIX"A"—Forms to be Completed by Bidder LIVING WAGE COMPLIANCE CERTIFICATION This contract is subject to the City of Vernon's Living Wage Ordinance, Vernon Municipal Code Chapter2 Article XVIII. The Ordinance requires that contractors providing labor or services to the City under contracts in excess of$25,000: ♦ Pay no less than ten dollars and thirty cents ($10.30)per hour with medical benefits, or eleven dollars and fifty-five cents ($11.55)per hour without medical benefits to all employees who spend any of their time providing labor or delivering services to the City of Vernon. Additionally,in July 1st of each year thereafter the Living Wage rate shall be adjusted by the change in the Federal Bureau of Labor Statistics Consumer Price Index, for the Los Angeles area, for the most recently available 12 month period. Accordingly, current City contractors will be required to adjust wage rates no later than July 1st, to remain in compliance. ♦ Notify employees who spend any of their time providing labor or delivering services to the City of Vernon who make less than twelve dollars ($12) per hour of their possible right to the federal Earned Income Tax Credit (EITC) under§ 32 of the Internal Revenue Code of 1954, 26 U.S.C. § 32, and making available to such employees forms required to secure advance EITC payments. The selected contractor will be required to evidence compliance with the Living Wage Ordinance by submitting payroll records as requested by the City. Each record shall include the full name of each employee performing labor or providing services under the contract;job classification;rate of pay and benefit rate. On August 4, 2008, the Vernon City Council amended the Living Wage Ordinance such that the provisions of the Living Wage Ordinance may be waived in a bona fide collective bargaining agreement,but only if the waiver is explicitly set forth in clear and unambiguous terms. If this provision applies, you must provide a copy of the collective bargaining agreement to the City. I do hereby certify and dec are annn�lbc:Tors penalty of perjury that if awarded the contract for which this bid/proposal is made I Ac_ . will comply with the (Name of Company) requirements of the Vernon Living Wage Ordinance, Vernon Municipal Code Chapter 2 Article XVIII and the rules and regulations promulgated thereunder. I understand that failure to comply with the provisions of the Vernon Living Wage Ordinance may result in termination of the contract as well as other penalties as stated in Vernon Municipal Code Chapter 2 Article XVIII. Y—)enr�(" — ea�i& � - (Name) (Title) \Z1ZP1t (A (Signature) (Date) Please return this form with your bid/proposal. Questions concerning the Living Wage Ordinance should be directed to the Department of Finance—Purchasing Division 323.583.8811. BP-(d) APPENDIX"A"-Forms to be Completed by Bidder o� DER Purchasing & Payables Division 4305 Santa Fe AvenueVernon, CA 90058 (323)583-8811 Fax(323)826-1433 Internet: www.cit-yofvernon.org/departments/rnance 4d���tr tiKp�� Article I. Vendor List Questionnaire(Form AA-1) Article II. Affidavit of Equal Opportunity Employment&Non-segregation 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[0 cfA CLka!d ruc+a rs IiC.Business Telephone Address 5"I D . C hoj10_S A . s+e A Fax number (optional) City_P4.jm De-serf State6_ zip 9 7-2-1 1 _ Contact Person I U ALEM VX Amr+L E-mail Address YCtiV (1—i-) GO yo,.. Q ns r 0GT afs • Gv rv-\ (optional) Tax ID Number(or Social Security Number) .20 e2❑d 5-7-7 D, Remit Address(if different) Please state clearly and concisely the types)of goods and services your company provide : i C t" [ s A n cA[�5-�r t'a., Small and Micro Business Preference Program: If certified by California Department of General Services as a small or micro business,please provide DGS Reference Number. Visit the Purchasing Division website for additional information. The following section is OPTIONAL and is for statistical reporting purposes only. Ownership(please check all that apply): African-American Asian Armenian____ Hispanic Native American Disabled Female AA FORMS APPENDIX"A"—Forms to be Completed by Bidder Proiect Workforce Utilization(Form AA-2) This form is to be included in all bid documents for projects involving labor or services valued at$25,000 or more. Instructions: Please indicate the job titles/classifications to be used in the performance of this contract should it be awarded to your firm. Please indicate the number of employee/s in each Job classification as well as the number of new hires,if any, as a result of this contract. Name of Company: _ C'. ( -an4tt1G'r�tS w Project: 300 Ir rn 'n �;p�eJ r Job Titles/Classification Estimated number of existing staff to be employed Estimated number of new hires to be employed in this classification if awarded the contract in this classification if awarded the contract l 0 Are any current employees or potential new hires Vernon residents? If so, how many? AA FORMS APPENDIX"A"—Forms to be Completed by Bidder Current Permanent Workforce Utilization(Form AA-3) `` 11 OPTIONAL (, Name of Company: Cnm �frr�S�1rUG�"DY l�1L. Project:fszrn� -A --j a l _ fttj �'nn O weir Completion of this form is OPTIONAL. Any information supplied by vendors is for reporting purposes only and will not be factored into the award of any contract. Instructions: Please indicate the number of employees in each Job Classification belonging to the following groups. White African-American Hispanic I �Asian/Pacific Native Armenian Male Female (not of Hispanic (not of Hispanic I Islander American f origin) origin) CLASSIFICATION - - i Officials/ Mana ers Professionals --- Technicians Office/Clerical Skilled Craft Workers Operators (semi-skilled) Laborers Service Workers TOTAL - AA FORMS BID BOND KNOW ALL MEN BY THESE PRESENTS,that we Cora Constructors, Inc. 75140 St. Charles Place, Suite A, Palm Desert, CA 92211 as Principal,hereinafter called the Principal,and Western Surety Company - a corporation duly organized under the laws of the State of South Dakota as Surety, hereinafter called the Surety, are held and firmly bound unto_ City of Vernon _ _4305 Santa Fe Avenue,Vernon, CA 90058 _ as Obligee,hereinafter called the Obligee, in the sum of Ten PercentTotalAmountofBid------------------------------------------- Dollars($10%amount of bid for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves,our heirs,executors, administrators, successors and assigns,jointly and severally, firmly by these presents WHEREAS, the Principal has submitted a bid for Furnish & Install 300 kw Cummins Diesel Powered Generator NOW,THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documentswith good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 12th day of December 2014_ Cora Constructors, Inc. (Principal) Coed (Witness) (Trti�) Dennis Stockton,President Western Surety Company (Surely) {Seal} (Witness) Susan C.Monteon,Attorney-ir.•Fact Printed in cooperation with the American Institute of Architects(AIA)by the CNA Insurance Companies. The language in this document conforms exactly to the language used in AIA Document A310-Bid Bond-February 1970 Edition. G-108041-A 77� ACKNOWLEDGMENT State of California County of Riverside ; On 29 December 2014 before me, Penny Ham, Notary Public (insert name and title of the officer) personally appeared Dennis Stockton 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. PENNY HAM Commisslon#t 209320 Notary Public - CaliloriM Riverside County Signature (Seal) Comas.Emlres Dec 42,2008 __ a • .. .. . ...._ ...... _ .................................. —.._._...._....... _.._._ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i STATE OF CALIFORNIA County of Riverside On December 12, 2014 before me. Janelle L. Tuominen Notary Public, Date Insert Name of Notary exactly as it appears on the official seal i i� personally appeared Susan C. Monteon Name(s)of Signer(s) . ............................................ l� [[ who proved to me on the basis of satisfactory evidence to f be the person(s) whose name(s) is/are subscribed to the 1 I[ 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 SANEL--L.TL1QMi�fEtV person(s), or the entity upon behalf of which the person(s) rR. CtiEJI'M.M.-42000273 m acted, executed the instrument. NotaW R 1iERSIDE OUN Y I certify under PENALTY OF PERJURY under the laws of " My U nm.Up.LIM$ 2016 the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature` I Place Notary Seal Above ure of Notaty Public I I OPTIONAL I I I Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. i Description of Attached Document i Title or Type of Document: Document Date: ... Number of Pages: [ _............. . ........._..._........... l i Signer(s) Other Than Named Above: { li Capacity(ies)Claimed by Signer(s) I Signer's Name: Signer's Name: ! ❑ Individual ❑ Individual I Corporate Officer --Title(s) ) ❑ Corporate Officer Title(s): ❑ P �_....................._.......... ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑ General l ❑ Attorney in Fact ❑ Attorney In Fact RIGHT THUMBPRINT ❑ Trustee • ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here I ❑ Other: ❑ Other: �I Signer is Representing: Signer is Representing: .............. - - - } Y �.�lam'.• 41� Lokp~Y Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Susan C Monteon,Janelle L Tuominen, Individually of Riverside,CA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 18th day of September,2014. WESTERN SURETY COMPANY g 1RE7Y _Aa:4pG+Oq°i �rs S'C A►•.'v c� �i�flpyd` aul T.Brutlat,Vice President State of South Dakota 1 Jl ss County of Minnehaha On this 18th day of September,2014,before me personally came Paul T.Bruflat,to me known,who,being by me duly swom,did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires + f J.MOHR C APm%l June 23,2015 UWNOUTH AKO'A SEAL 50tlTH bA1cOTA 4EA1. V J.Mohr,Notary Public CERTIFICATE 1, L. Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Raw of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 12th day of December_Y ._ _ 2014 �w;fppORrc WESTERN S-URETY COMPANY °bnr on+i� L.Nelson,Assistant Secretary Form F4280-7-2012 Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. JURUPA COMMUNITY SERVICES DISTRICT RIVERSIDE, CALIFORNIA ADDENDUM NO. # 1 TO THE PLANS AND SPECIFICATIONS FOR Clay Van Buren Lift Station Replacement JCSD P.N. C133404 Bidders are advised that the plans and specifications for the above referenced contract are hereby amended in the following manner and the following manner only: A. GENERAL 1. The District has performed the Radio Survey required by the specifications and has determined that the height of the antenna shall be raised from the proposed 20-feet to 30-feet tall. The Contactor shall use the modified detail on sheet 14—delta 1 revision attached as a basis of bid and provide final signed and stamped calculations by a licensed Engineer in the State of California showing the antenna pole foundation sizing and reinforcement. 2. Bid Item 106 shall be revised to delete the radio survey and include the pole foundation and associated signed engineering calculations as follows: BID ITEM 106 Electrical Work: Provide secondary service, motor control equipment and concrete slab, distribution system, and conduits, slurry backfill, wiring and connections, including all required ducts, conduits and wiring for electrical service, power and control, etc.; instrumentation equipment and panels; telemetry and control equipment, RTU, PLC's, Pump Vision Controller, antenna, pole with foundation, signed engineering calculations for foundation, lighting, grounding, arc flash report and labels; level transducers; relocate SCE meter to proposed meter panel per SCE service plan, install testing and start up; and all other electrical work as shown on the Drawings; all for the Lump Sum of: 3. The District will NOT furnish any plug valves for this project as referenced in SR-26. Sheets 4 and 5 have been revised to show the change from three (3) District furnished plug valves to (2) two Contractor furnished gate valves and necessary joining methods. a. Rather than installing a plug valve on the proposed tee (South) at Station 11+05 and a plug valve on the proposed tee (East), the Contactor furnish and install a gate valve on the proposed tee (East). For the final connection at Station 11+05 and shall drain the forcemain back to the wet well and be responsible for pumping, collecting, hauling and dumping flows from the dewatering the GA2009\09-0277\Spec\Adden\Add I doe Addendum No. l Page l of 3 forcemain and influent flows to the lift station during the final connection to the existing 8" forcemain stub out in Clay Street. See Sheet 5 — delta 1 revision attached. b. For existing connection to the existing 18" forcemain to be modified, two photos are attached of the existing vault interior. The Contractor shall furnish and install a gate valve, DIP spool and Romac DJ400 Dismantling Joint. See Sheet 4—delta 1 revision attached. Paragraph H of Section 26 of the Special Requirements shall be changed to the following: "There is a possibility that the newly installed 18-in forcemain will not be commissioned before the end of this contract to allow the Contractor to install the final connection.Therefore, the Contactor shall allow for 60 days after the 240 day contract period has expired then re-mobilize and perform forcemain tie-in at existing sub-out Station 10+38 and connection at Station 11+05 (sheet 5), remove 5' of existing forcemain under sidewalk and blind flange contractor famished gate valve and perform any final demolition, pavement repair or sidewalk replacement associated with this work. 4. All sewer flows diverted and collected by vactor pumping trucks may be dumped into the District's existing manhole No. 31 near the end of General Road. A map of the manhole location is attached. 5. Builders All Risk insurance is not required for this project. 6. The sign-in sheet for the non-mandatory pre-bid meeting is attached. 7. Contract award date is anticipated to be January 27, 2015. 8. The last sentence of Paragraph 4 of the Notice Inviting Bids shall be changed to the following: "All work under this contract shall be completed and operational within two hundred and forty (240) calendar days from the date District gives written "Notice of Award"to the Contractor." rr< By: radley A. Sackett, P.E. date No. C65862 OF c 12009' -027Mpcc\ALWcn\Add t dm Addendum No. t Page 2of 3 BY 66" S—k/ U L-Ld rs l ✓t C . ($cider's Company Name) Date Received by Bidder: - (Bidder's Signature) iz � 3 + 11 ,4 e A✓ � (T pe or Print Name) Bidder shall include a signed copy of this Addendum No. l with the bid proposal. GA2009\09-0277\Spec\Adden\Add I doc Addendum No. 1 Page 3of 3 MINUTES OF THE MEETING OF THE BOARD OF DIRECTORC Or- CORA CONSTRUCTORS 11"Z1 a California Corporatio!- The Board of Directors held its meeting at the following place and time: 10:00 a.m. Date: JANUARY 4, 2005 Place: 74885 Joni Drive, Suite 4, Palm Desert; CA 92260 The sole director was present: Dennis E. Stockton who officiated as Chairman of the meeting and acted as Secretary and recorded the minutes of the meeting. AUTHORIZATION TO SIGN The purpose of this meeting is to provide Dennis E. Stockton with authority to bind the corporation by his signature for any and all documents deemed necessary to conduct the business of the corporation. The motion was made and carried unanimously. THEREFORE, BE IT RESOLVED, that Dennis E. Stockton is given authority to sign any and all documents on behalf of Cora Constructors, Inc., and that such signature is binding to the corporation. There being no further business, on motion made and carried, the meeting was adjourned at 10:10 a.m. RESPECTFULLY SUBMITTED Dennis E. Sto Secretary EXHIBIT C 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 Unipaid Days 0ff: 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. �' i - �� 4� 4��VgA* RECLINED m:°� RECEIVED JAN 15 2015 w ` JAN 13 2015 n T rC•+�iT ,'M1+ CITY CLERK'S OFFICE 4tl0 CITY ADMINISTRATI0N STAFF REPORT PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DATE: January 20,2015 TO: Honorable Mayor and City Council PREPARED BY: Lissette Melendez,Associate Engineer APPROVED BY: Samuel Kevin Wilso��ector of Public Works,Water&Development Services RE: Quitclaim Deed and Fire Lane Easement—2825 Santa Fe Avenue Recommendation It is recommended that the City Council: 1. Find that the attached Quitclaim Deed and Fire Lane Easement in this staff report are categorically 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. Accept the Quitclaim Deed and Fire Lane Easement and authorize the Mayor and City Clerk to execute said document. Background As part of a property redevelopment, PPF Industrial 2825 S. Santa Fe Avenue, LP, a Delaware limited partnership, is proposing to construct a new building over a portion of the existing fire lane easement on the property. The City is requiring that the existing fire lane easement be quitclaimed and that a modified fire lane easement be recorded. Attached herewith is a fully executed Fire Lane Easement by PPF Industrial 2825 S. Santa Fe Avenue, LP and a Quitclaim Deed for the property located at 2825 Santa Fe Avenue, assessor's parcel number 6302-006-025. The new ingress and egress easement to the City creates a fire roadway on the site which must be maintained open and passable for oversized emergency vehicles, equipment and related uses, and kept free and clear of all obstructions,temporary and permanent alike. The easement has been reviewed and approved by the Code Inspector in the Fire Department. The Easement and Quitclaim Deed have been approved as to form by the City Attorney. Fiscal Impact Acceptance of the proposed Fire Lane Easement and Quitclaim Deed has no fiscal impact. SKW:lm Attachment RECORDING REQUESTED BY and WHEN RECORDED MAIL TO: City of Vernon 4305 Santa Fe Avenue Vernon,CA 90058 Attn: City Clerk MAIL TAX STATEMENTS TO: Exempt SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE FIRE LANE EASEMENT APN: PORTIONS OF 6302-006-025 DOCUMENTARY TRANSFER TAX IS NONE-NOT REQUIRED SEC. 11922 REVENUE TAXATION CODE FOR A VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, PPF INDUSTRIAL 2825 S. SANTA FE AVENUE,LP, a Delaware limited partnership (Grantor) HEREBY GRANT(S) TO: City of Vernon,a body corporate and politic(the "Grantee") A Fire Lane Easement for ingress and egress purposes, maintained open and passable for oversized emergency vehicles, equipment and related uses, free and clear of all obstructions, temporary and permanent alike, and over that certain real property(the"Conveyed Property"), as described in Exhibit "A"attached hereto and incorporated herein by this reference, and as more particularly shown on the map attached hereto as Exhibit"B" and incorporated herein by this reference. The Conveyed Property is a portion of the property owned by the Grantor. The property is located in the City of Vernon, County of Los Angeles, State of California Date: tO 3�l i� "Grantor" PPF INDUSTRIAL 2825 S. SANTA FE AVENUE, LP, a Delaware limited partnership SEE NEXT PAGE for SIGNATURE ATTACHMENT By: PPF INDUSTRIAL GP, LLC,a Delaware limited liability company, its sole General Partner By: PPF INDUSTRIAL, LLC, a Delaware limited liability company, its Member By: PPF OP, LP, a Delaware limited partnership, its Member By: PPF OPGP, LLC, a Delaware limited liability company, its General Partner By: PRIME PROPERTY FUND, LLC, a Delaware limited liability company, its Member By: MORGAN STANLEY REAL ESTATE ADVISOR, INC. , its Investment Adviser ffigis rare) State of California County of On 3/ Oe 4&e,- .20/5/before me, Ae64D.4 G_ Yoh (Insert Name of f4otary Publi&f4d Title) personally appeared �,T-o sh who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ate subscribed to the within instrument and acknowledged to me that he/s� executed the same in hisAwx4heir authorized capacity(ies), and that by his/herl hoir 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. FREDA C.YORE Commission#2083233 Notary Public-California i San Francisco County Signature (Seal) my Gomm.Fx fires Oc123,2018 EXHIBIT " A" LEGAL DESCRIPTION 27' WIDE FIRE ACCESS LANE EASEMENT A PORTION OF LOT 3 OF A.L. ROSS TRACT IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 36 PAGE 72 OF MISCELLANEOUS RECORDS, SAID PARCEL ALSO SHOWN AS PARCEL A IN DEED RECORDED AS INSTRUMENT NO. 20121838859 IN DECEMBER 3, 2012 RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. A STRIP OF LAND 27.00 FEET WIDE LYING 13.50 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY LINE OF THE EASTERLY 40 FEET OF SAID LOT 3 OF THE A.L. ROSS TRACT THAT IS SOUTH 00' 29' 47" EAST 33.50 FEET FROM THE NORTHERLY LINE OF SAID LOT 3, MEASURED ALONG SAID WESTERLY LINE; THENCE SOUTH 89' 42' 38" WEST 159.25 FEET PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 3 TO A POINT, SAID POINT TO BE CALLED POINT A FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; THENCE SOUTH 89' 42' 38" WEST 283.00 FEET ALONG SAID PARALLEL LINE TO A POINT, SAID POINT TO BE CALLED POINT B FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; THENCE SOUTH 89' 42' 38" WEST 293.00 FEET ALONG SAID PARALLEL LINE TO A POINT, SAID POINT TO BE CALLED POINT C FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; THENCE SOUTH 89' 42' 38" WEST 70.57 FEET ALONG SAID PARALLEL LINE TO A POINT, THAT IS 33.50 FEET EASTERLY OF THE WESTERLY LINE OF SAID LOT 3; THENCE SOUTH 00' 31' 18" EAST 80.00 FEET PARALLEL WITH THE WESTERLY LINE OF SAID LOT 3; THENCE SOUTH 29' 28' 42" WEST 20.00 FEET TO A POINT, THAT IS 23.50 FEET EASTERLY OF THE WESTERLY LINE OF LOT 3; THENCE SOUTH 00' 31' 18" EAST 163.43 FEET PARALLEL WITH THE WESTERLY LINE OF SAID LOT 3; THENCE NORTH 89' 28' 42" EAST 10.00 FEET TO THE POINT D AND POINT OF TERMINATION, AND SAID POINT BEING THE CENTER OF A 32.00 FEET RADIUS TURN AROUND FIRE LANE. FIRELANE EASEMENT CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA SCALE SEABOARD ENGINEERING CO. JOB NO. 13-100 DRAWN BY 1100 S. BEVERLY DRIVE, STE 201 DATE 09 08 14 MD LOS ANGELES, CALIFORNIA 90035 0871214 TEL. (310) 277-7337 FAX (310) 277-7339 CHECKED BY MD SEABOARDOSEABOARDENGCO.COM PAGE 1 OF 2 EXHIBIT " A" LEGAL DESCRIPTION (continuation) 27' WIDE FIRE ACCESS LANE EASEMENT TOGETHER WITH A STRIP OF LAND 24.00 FEET WIDE LYING 12.00 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT A, THENCE NORTH 00' 17' 22" WEST 33.50 FEET TO THE NORTHERLY LINE OF LOT 3 OF THE A.L. ROSS TRACT. TOGETHER WITH A STRIP OF LAND 25.00 FEET WIDE LYING 12.50 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT B, THENCE NORTH 00' 17' 22" WEST 33.50 FEET TO THE NORTHERLY LINE OF LOT 3 OF THE A.L. ROSS TRACT. TOGETHER WITH A STRIP OF LAND 25.00 FEET WIDE LYING 12.50 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT C, THENCE NORTH 00' 17' 22" WEST 33.50 FEET TO THE NORTHERLY LINE OF LOT 3 OF THE A.L. ROSS TRACT. TOGETHER WITH A STRIP OF LAND 20.00 FEET WIDE LYING 10.00 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT D, THENCE NORTH 89' 28' 42" EAST 41.50 FEET. THE SIDELINES OF THE ABOVE DESCRIBED STRIPS ARE TO BE EXTENDED OR SHORTENED AS NEEDED TO TERMINATE IN THE ABOVE DESCRIBED LINES. PREPARED BY: 4��,�BERNy���'�'c�rn Qj b y L9 Na•�3�301`' "GE K. BERNHARTH RCE 13737 FIRELANE EASEMENT CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA SCALE SEABOARD ENGINEERING CO. JOB NO. 13-100 DRAWN BY 1100 S. BEVERLY DRIVE, STE 201 DATE 08 12 14 MD LOS ANGELES, CALIFORNIA 90035 TEL. (310) 277-7337 FAX (310) 277-7339 CHECKED BY MD SEABOARD®SEABOARDENGCO.COM PAGE 2 OF 2 EXHIBIT "B" N'LY CORNER OF NE'LY CORNER LOT 3 OF LOT 3 M.R. 36-72 M.R. 36-72 N 00'17'22" W S 89 42'38" W 33.50' N 00'1722" W I 70.57' 33.50' S 0029' 47"E i N 00'!722" W ,33.50' 12.50' 33.50' 12.50' a 12.00 S 0031'18"E I rII -- --6 3 ' W -- 2293.00' r159 .5 8 aT�� t2 " W POINT Cs 2 - POINB8000' � F O.S- OAQIi POINT A j 27.00' PO R. I 0 T �.L.. ROSE TRAC9' 1Z i 113:50' S 63.438" E N 8o' E PARCEL A lil; �� I'( 7' Q; ! 163.43' � 3.5 ' 1Q 00' POINT D INSTRUMENT NO. 20121838859 iW I ! N 8928'42" F REC. 12/03/2012, O.R. iL!_ 41.50' lZ' >:PARCEL8 INS, 838859 � l� RE 01. 12/03/2012, O.R. i I S I _ I i S_ 3- ;.� CfVll. sec FIRELANE EASEMENT CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA SCALE 1"=150'-O" SEABOARD ENGINEERING CO. JOB NO. 13_100 1100 S. BEVERLY DRIVE, STE 201 DRAWN BY MD LOS ANGELES, CALIFORNIA 90035 DATE 08/12/14 CHECKED BY TEL. (310) 277-7337 FAX (310) 277-7339 MD SEABOARD®SEABOARDENGCO.COM PAGE 1 OF 1 CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that interests in real property conveyed to or created in favor of the City of Vernon by that certain Fire Lane Easement dated October 31, 2014, executed by PPF Industrial 2825 S. Santa Fe Avenue, LP, a Delaware limited partnership, is hereby accepted by the undersigned officer on behalf of the City pursuant to the authority conferred by Minute Order by the City Council of the City on January 20, 2015, and the grantee consents to recordation thereof by its duly authorized officer. Dated: . 2015 CITY OF VERNON W. MICHAEL MCCORMICK, Mayor ATTEST: ANA BARCIA, Deputy City Clerk APPROVED AS TO FORM: HEMA PATEL, City Attorney SECRETARY'S CERTIFICATE 1, Gail Freeman, a duly elected and acting Assistant Secretary of Morgan Stanley Real Estate Advisor, Inc., a corporation duly organized and existing under the laws of the State of Delaware(the "Corporation"and"Investment Adviser"),certify as follows: 1. The Corporation is the Investment Adviser of Prime Property Fund, LLC, (the"Fund"). 2. The Fund is the sole member of PPF OPGP, LLC, a Delaware limited liability company ("OPGP"), and has the authority to execute all documents on behalf of OPGP. 3. OPGP is the general partner of PPF OP, LP, a Delaware limited partnership ("OPLP'), and has the authority to execute all documents on behalf of OPLP. 4. OPLP is the sole member of PPF Industrial, LLC, a Delaware limited liability company ("PPF Industrial"), and has the authority to execute all documents on behalf of PPF Industrial. 5. PPF Industrial is the sole member of PPF industrial GP, LLC,a Delaware limited liability company ("GP LLC"), and has the authority to execute all documents on behalf of GP LLC. ' 6- GP LLC is the general partner of PPF Industrial 2825 S. Santa Fe Avenue, LP, a Delaware limited partnership (the "LP") and has the authority to execute all documents on behalf of the LP. 7. Joseph W. Finnigan is a duly elected Vice President of the Corporation, and has the power and authority to enter into any contract and execute and deliver any instrument in the name and on behalf of the Corporation,pursuant to the following resolution approved by the Board of Directors of the Corporation on November 8, 2004: RESOLVED FURTHER, that the Chairman, any Vice Chairman, the ? President,any Managing Director, any Executive Director and any Vice President of the Corporation are each authorized and empowered, in the name and on behalf of this Corporation, to negotiate, execute, deliver, or file from time to time, contracts, agreements, leases, powers of attorney, bids, consents, approvals, releases, guarantees, bonds, indemnities, certificates, affidavits, deeds, conveyance documents,and any and all financing or loan documents including without limitation, notes, mortgages, security instruments, assumption agreements, pledges and financing statements and similar documents or undertakings, or amendments thereto, including those with any government or subdivision or agency thereof, and to take any other actions deemed necessary or advisable by such officer in connection therewith. 8. Below is the true and genuine signature of Joseph W.Finnigan: f f i i IN WITNESS WHEREOF,I have hereunto set my name as of November 4,2014. ! Gail Freeman Assistant Secretary i f� i. RECORDING REQUESTED BY and WHEN RECORDED MAIL TO: City of Vernon 4305 Santa Fe Avenue Vernon,CA 90058 Attention:City Clerk MAIL TAX STATEMENTS TO: Exempt _ THF,SPACE ABOVE IS FOR RECORDER'S USE QUITCLAIM DEED Regarding Easements THE UNDERSIGNED GRANTOR(s)DECLARE(s): DOCUMENTARY TRANSFER TAX IS$0.CITY TAX$0. The value of the property in this conveyance exclusive of liens and encumbrances is$100 or less,and there in no additional consideration received by the grantor,R&T 11911. The undersigned hereby certify that we are holders of a fire lane easement in the City of Vernon,County of Los Angeles,State of California,on,over and across that portion of Parcel"A"of deed,in the City of Vernon,County of Los Angeles,recorded as Instrument Number 20121838859 on December 03,2012, Official Records,in the Office of the County Recorder of said County,exempted and reserved in Instrument No.20121886574 recorded December 7,2012,Official Records of Los Angeles County. And we hereby quitclaim and remise to PFF INDUSTRIAL 2825 S.SANTA FE AVENUE,LP,a Delaware limited partnership,its successors and assigns,those portions of said fire lane easement described in Exhibit"A"and depicted in Exhibit`B". This Quitclaim Deed shall run with the above-described land and shall be binding upon ourselves,and future owners,encumbrances,their successors,heirs or assigns. Dated: CITY OF VERNON, ATTEST, A California chartered city By: By: W. Michael McCormick,Mayor Ana Barcia,Deputy City Clerk APPROVED AS TO FORM: By:_ _ __ Hema Patel,City Attorney 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) EXHIBIT " A" LEGAL DESCRIPTION 27' WIDE FIRE ACCESS LANE EASEMENT A PORTION OF LOT 3 OF A.L. ROSS TRACT IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 36 PAGE 72 OF MISCELLANEOUS RECORDS, SAID PARCEL ALSO SHOWN AS PARCEL A IN DEED RECORDED AS INSTRUMENT NO. 20121838859 IN DECEMBER 3, 2012 RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. A STRIP OF LAND 27.00 FEET WIDE LYING 13.50 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY LINE OF THE EASTERLY 40 FEET OF SAID LOT 3 OF THE A.L. ROSS TRACT THAT IS SOUTH 00' 29' 47" EAST 33.50 FEET FROM THE NORTHERLY LINE OF SAID LOT 3, MEASURED ALONG SAID WESTERLY LINE; THENCE SOUTH 89' 42' 38" WEST 159.25 FEET PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 3 TO A POINT, SAID POINT TO BE CALLED POINT A FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; THENCE SOUTH 89' 42' 38" WEST 283.00 FEET ALONG SAID PARALLEL LINE TO A POINT, SAID POINT TO BE CALLED POINT B FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; THENCE SOUTH 89' 42' 38" WEST 293.00 FEET ALONG SAID PARALLEL LINE TO A POINT, SAID POINT TO BE CALLED POINT C FOR THE PURPOSES OF THIS LEGAL DESCRIPTION; THENCE SOUTH 89' 42' 38" WEST 70.57 FEET ALONG SAID PARALLEL LINE TO A POINT, THAT IS 33.50 FEET EASTERLY OF THE WESTERLY LINE OF SAID LOT 3; THENCE SOUTH 00' 31' 18" EAST 80.00 FEET PARALLEL WITH THE WESTERLY LINE OF SAID LOT 3; THENCE SOUTH 29' 28' 42" WEST 20.00 FEET TO A POINT, THAT IS 23.50 FEET EASTERLY OF THE WESTERLY LINE OF LOT 3; THENCE SOUTH 00' 31' 18" EAST 163.43 FEET PARALLEL WITH THE WESTERLY LINE OF SAID LOT 3; THENCE SOUTH 30' 31' 18" EAST 20 FEET; THENCE SOUTH 00' 31' 18" EAST 19.97 FEET PARALLEL WITH THE WESTERLY LINE OF SAID LOT 3 TO THE SOUTHERLY LINE OF SAID LOT 3 AND AFOREMENTIONED PARCEL A OF LOT LINE ADJUSTMENT. FIRELANE / ACCESS QUITCLAIM CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA SCALE SEABOARD ENGINEERING CO. JOB NO. 13--100 1100 S. BEVERLY DRIVE, STE 201 DRAWN BY Mo LOS ANGELES, CALIFORNIA 90035 DATE 11/04/14 TEL (310) 277-7337 FAX (310) 277-7339 CHECKED BY MD SEABOARDOSEABOARDENGCO.COM PAGE 1 OF 2 EXHIBIT " A" LEGAL DESCRIPTION (continuation) 27' WIDE FIRE ACCESS LANE QUITCLAIM EASEMENT TOGETHER WITH A STRIP OF LAND 24.00 FEET WIDE LYING 12.00 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT A, THENCE NORTH 00' 17' 22" WEST 33.50 FEET TO THE NORTHERLY LINE OF LOT 3 OF THE A.L. ROSS TRACT. TOGETHER WITH A STRIP OF LAND 25.00 FEET WIDE LYING 12.50 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT B, THENCE NORTH 00' 17' 22" WEST 33.50 FEET TO THE NORTHERLY LINE OF LOT 3 OF THE A.L. ROSS TRACT. TOGETHER WITH A STRIP OF LAND 25.00 FEET WIDE LYING 12.50 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT C, THENCE NORTH 00' 17' 22" WEST 33.50 FEET TO THE NORTHERLY LINE OF LOT 3 OF THE A.L. ROSS TRACT. TOGETHER WITH A STRIP OF LAND 20.00 FEET WIDE LYING 10.00 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED POINT D, THENCE NORTH 89' 28' 42" EAST 51.50 FEET. THE SIDELINES OF THE ABOVE DESCRIBED STRIPS ARE TO BE EXTENDED OR SHORTENED AS NEEDED TO TERMINATE IN THE ABOVE DESCRIBED LINES. PREPARED BY: aF�g51 N0 ALA gF-f2NHy Fop V !j�0 0 RGE K. BERNHARTH RCE 13737 `�s gyp• * C; Of FIRELANE/ACCESS QUITCLAIM CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA SCALE SEABOARD ENGINEERING CO. 108 NO. 13-100 1100 S. BEVERLY DRIVE, STE 201 DRAWN BY MD LOS ANGELES, CALIFORNIA 90035 DATE 11/04/14 CHECKED BY TEL. (310) 277-7337 FAX (310) 277-7339 MD SEABOARDOSEABOARDENGCO.COM PAGE 2 OF 2 EXHIBIT " B" N'LY CORNER OF I NE'LY CORNER I LOT 3 OF LOT 3 M.R. 36-72 M.R. 36-72 I N 007722" W I S 89 42'38" W 33.50" N 007722" W 1 70.57' N 00.1722" W 1 .33.50' S 0079' 47"E j leak 1=2 50012.50' 33.50' 12.50' 2.50 ---- -------- J_ 8 2S 0031'18" _-5-29300' = 183.00' 159.2550-' 80.00" ' I fl N I II S 292842" W I j ' - POINT C —POINT 6 LPOINT A Wti 20.00' � r27.00' Dolt i 01' ; ZZ S l6 J4 J8"' 3.50 ]0.00 E 350' N 8928'42"E PARCEL A ' ' I i I� ifi I ( 7:_ 163,43 10 QO' I l POINT D INSTRUMENT NO. 20121838859 i W S 30308" E I N 8928'42" E REC. 12/03/2012, O.R. ILL ! 20.00' I __ 0 51.50' 1 ! QS 0031'18"E I ` PARCEL B V) INSTRUMENT NO. 0 20121838859 REC. 12/03/2012, O.R. Lr 4 i i I RE5SIar A4 �9�04$ERNy44�c,�, f I ►- w cn p TE4,�G� FIRELANE / ACCESS QUITCLAIM CITY OF VERNON. COUNTY OF LOS ANGELES, STATE OF CALIFORNIA SCALE 1"=150'-0" SEABOARD ENGINEERING CO. JOB NO. 13-100 1100 S. BEVERLY DRIVE, STE 201 DRAWN BY MD LOS ANGELES, CALIFORNIA 90035 DATE 11/04/14 CHECKED BY TEL. (310) 277-7337 FAX (310) 277-7339 MD SEABOARDOSEABOARDENGCO.COM PAGE 1 OF 1 RECEIVED JAN 15 2015 CITY ADMINISTRATION JAN 1 CITY CLERK'S OFFICE STAFF REPORT City Clerk Department re DATE: January 20, 2015 TO: Honorable Mayor and City Council FROM: Ana Barcia, Deputy City Clerk �Q RE: Approval of a Resolution Rescinding the Submission of Ballot Measure N to the Voters of the City as part of the General Municipal Election to be held on April 14,2015 Recommendation It is recommended that the City Council: 1. Find that approval of the resolution 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. Approve the resolution rescinding the submission of ballot Measure N to the voters of the City of Vernon, which proposed to amend Chapter 3.3 of Article III of the City Charter, as part of the General Municipal Election to be held on April 14, 2015. Backeround On January 6, 2015, the City Council approved Resolution No. 2015-02 ordering that measures to amend the City Charter be submitted to the voters of the City at the April 14, 2015, General Municipal Election. Staff is proposing the removal of the following measure from said election due to the need to further review and allow staff to develop relevant policies and procedures: Measure N: Shall Chapter 3.3 of Article III of the Vernon City Charter be amended to Yes/No include a cap of one (1) current/active City employee to hold office as a member of the City of Vernon City Council? All other Measures as approved by Resolution No. 2015-02 will be submitted to the voters of the City at the April 14, 2015, General Municipal Election. Fiscal Impact: The recommendation will alleviate the anticipated cost to the City related to translation and printing costs for ballot measures. RESOLUTION NO . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON RESCINDING THE SUBMISSION OF BALLOT MEASURE N TO THE VOTERS OF THE CITY OF VERNON AS PART OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON APRIL 14, 2015, AND REPEALING CERTAIN SUBSECTIONS OF RESOLUTION NO. 2015-02 WHEREAS, on November 18, 2014 , the City Council of the City of Vernon adopted Resolution No. 2014-69 calling and giving notice of an all-mail ballot general municipal election to be held on Tuesday, April 14 , 2015, for the election of a certain officer as required by the provisions of the charter of the City of Vernon; and WHEREAS, on January 6, 2015, the City Council of the City of Vernon adopted Resolution No. 2015-02 ordering that Measures N, O, and P be submitted to the voters of the City at the April 14 , 2015, General Municipal Election to amend the City Charter amending Chapters 3 . 3 and 3 . 7 of Article III and Chapter 7 .4 of Article VII; and WHEREAS, the City Council desires to rescind Measure N relating to Chapter 3 . 3 of Article III from the April 14 , 2015, General Municipal Election due to the need to further review and allow staff to develop relevant policies and procedures . 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 : The City Council of the City of Vernon hereby repeals Subsections (a) and (b) of Section 1 of Resolution No. 2015-02 to remove the following question from the April 14 , 2015, General Municipal Election: Measure N: Shall Chapter 3 . 3 of Article YES III of the Vernon City Charter be amended to include a cap of one (1) NO current/active City employee to hold office as a member of the City of Vernon City Council? SECTION 4 : Subsections (a) and (b) of Section 1 of Resolution No. 2015-02 are hereby repealed; in all other respects, Resolution No. 2015-02 shall remain in full force and effect . SECTION 5 : That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections . - 2 - SECTION 6 : 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 20th day of January, 2015 . Name: Title: Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: Hem i 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, January 20, 2015, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of January, 2015 , at Vernon, California. City Clerk / Deputy City Clerk (SEAL) - 4 - of RECEIVED RECF-WEB � a� JAN 15 2015 c�'�c�r ti�°°6 JAN 15 2015 CITY ADM ISTRATION CITY CLERK'S OFFICE STAFF REPORT VERNON GAS & ELECTRIC DEPARTMENT DATE: January 20, 2015 TO: Honorable Mayor and City Council FROM: Carlos Fandino Jr., Director of Vernon Gas & Electric RE: Renewable Portfolio Standard Annual Status Report for Calendar Year 2014 Recommendation 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 Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and 2. Receive and acknowledge the annual Renewable Portfolio Standard ("RPS") Report for Calendar Year 2014 as presented by the Vernon Gas & Electric Department. This report is for informational purposes only. There is no fiscal impact. Performance Summary Vernon procured sufficient RPS resources equal to 22% of retail sales to meet compliance obligations for Calendar Year 2014. The compliance requirement for Calendar Year 2014 is 20% of retail sales. The primary resources were Vernon's long-term biomethane contracts. Additional short-term wind contracts for eligible renewable resources and unbundled RECs were purchased to cover a portion of the compliance obligations for Calendar Year 2014. Vernon's RPS Procurement Status for Calendar Year 2014 Pursuant to Vernon's RPS Procurement Plan and Enforcement Program, action has been taken to acquire renewable energy during Calendar Year 2014. The following is a brief description of renewable resources used to meet compliance requirements. Biomethane Consistent with the RPS eligibility criteria, the City identified use of biomethane fuel at the MGS plant as a portfolio Content Category 1 resource. Element Markets and Clean Energy have both Category I Wind Resources The City procured 50,000 MWs of short-term wind resources to make up for the biomethane delivery shortfall. These wind resources were Category 1 (energy bundled with environmental green attributes) consistent with SB X1 2 requirements. Renewable Energy Credits (RECs) The City also purchased renewable energy and RECs to satisfy the SB X1 2 requirements. RECs are tradable, non-tangible energy commodities that represent proof that one megawatt-hour (MWh) of electricity was generated from naturally replenishing (renewable) resources such as modern biomass, wind, solar, geothermal, and biofuels. The City purchased 34,000 MWs of unbundled renewable energy credits during Calendar Year 2014. The following table provides an overall assessment of VG&E renewable resources and RPS requirements during Calendar Year 2014. Table 1: RPS Com liance Status Relaort in 2014 Calendar Year 2014 RPS Compliance Status Report January February March April May June July August September October November December Total Retail Load(MWh) 90,762 83,716 91,146 91,345 95,947 94,427 100,311 99,633 96,931 99,979 88,813 87,879 1,120,890 Compliance Target% 20.03% RPS Requirements(MWh) 224,178 RPS Resources Blomethane Contracts(MMBtu} 113,505 92,300 96,273 43,749 45,938 65,567 51,357 74,629 318,488 125,171 106,393 116,467 Biomethane(MWh Equiv.) 14,552 11,833 12,343 5,609 5,889 8,406 6,584 9,568 40,832 16,048 13,640 14,932 160,236 Wind(PCC1) 4,331 7,645 12,751 14,849 10,424 50,000 RECs 34,000 34,000 Resources 14,552 11,833 12,343 5,609 5,889 8,406 6,584 13,899 48,477 28,799 62,489 25,356 244,236 RPS Target RPS Actual Annual Compliance% 20.0% 2L8% Portfolio Content Category Compliance Category 1 and Category 2 85.094• 93•8% Category 3 15.09A 15.2% Excess/Shortfall MWh) I2AO571 Note:The Excess of RPS procurement will be carried over to meet future compliance requirements. Summary of Procurement Plan to meet RPS Requirements in the Future The City of Vernon intends to meet all future procurement targets, barring any events and occurrences that are beyond the City's control. Vernon will seek to develop a diverse RPS portfolio, with a combination of landfill gas, solar PV, and other renewable resources, based on the forecasted need for additional energy resources, as well as the economics and timing of any particular projects. In order to meet the RPS mandates, Vernon plans to preserve its existing renewable resources, carry forward excess procurement from one compliance period to the next, and look for timely and economic opportunities to diversify and expand its RPS portfolio, while protecting Vernon's customers from excessive rate increases that could jeopardize economic growth and viability within the City. secured a contract to deliver biomethane fuel to Vernon. The initial contract year for Element Markets was March 2, 2012. Under existing Transaction Confirmation Numbers 1 & 2, the City receives from Element Markets approximately 2,500 MMBtu/day of biomethane and/or biomethane equivalent renewable energy. Element Markets has a 10-year contract to assist the City in meeting California Renewable Portfolio Standard. Due to CEC's suspension of RPS eligibility of out-of-state biomethane on March 28, 2012 and adoption of Assembly Bill 2196, which restricts the eligibility of out-of-state biomethane with the exception of sources injecting biomethane into a common carrier pipeline by April 1, 2014, and some Element Markets' biomethane projects could not be completed prior to August 1, 2014, Element Markets was not able to provide the entire contract quantity of biomethane to the City. As a result, the City and Element Markets amended the biomethane agreements to provide for delivery of replacement product(power) to satisfy the shortfall in delivering biomethane. The City also receives from Clean Energy approximately 1,875 MMBtu/day of biomethane under existing Transaction Confirmation Number 1. Clean Energy is obligated to deliver a minimum quantity of biomethane over the course of a contract year (excluding from the calculation any days on which Force Majeure affected seller's performance) equivalent to 75% of the contract quantity. The initial contract year was August 1, 2013 through July 31, 2014, and future contract years start July 1 St of each year. Clean Energy has also entered into a 10-year contract with the City to deliver biomethane fuel. Uncertainties arose due to the following events that have prevented Clean Energy from delivering contract amounts by December 2014. Continued freeze events in December 2013 and January 2014 have prevented or constrained production at the plant, and have also incurred pipeline outages preventing delivery. The unusually severe winter weather continued to impact and constrain production at their facility at least through the first week of May 2014. In addition, commercial operation of a new project was delayed due to technical issues. The following table illustrates biomethane deliveries by the suppliers for Calendar Year 2014. Table 2: Biomethane Deliveries bl Sg2pliers for Calendar Year 2014 Supplier Volume D- ' Element Markets 912,500 883,805 (28,695; -3.17 Clean Energy 684,375 366,032 (318,343) -46.5% Total 1,596,875 1,249,837 (347,038) -21.7% Because of these shortfall biomethane deliveries, Vernon entered into additional short term renewable contracts such as wind energy to meets its compliance procurement quantity targets for Calendar Year 2014. In accordance with state regulations, a minimum of 50%-75% of RPS procurement used for compliance must meet the established requirements for Bucket 1, which for most practical purposes means use of bundled energy from California sited renewable power plants. Existing Bucket 1 resources are in limited supply, and it typically takes from three to five years to construct a new utility-scale renewable generation project. Vernon works with the Southern California Public Power Authority (SCPPA)to gain greater access to a broader pool of renewable resources, through a competitive renewable procurement bidding process, which would otherwise be difficult to leverage as a result of VG&E's size. The City has acquired multi-year contracts for solar and landfill gas power generation to satisfy the new RPS requirements as required by the State of California and SB X1 2. If these renewable resources that are expected to come on-line in 2017 are added into the supply portfolio over the next three years, the proportion supplied by bundled renewable energy will increase during the planning period and displace purchase of unbundled RECs. Additional bundled renewable energy sources (potential renewables) as of yet unplanned, will contribute towards meeting Vernon's long term goal of 33%renewable energy supply. The following is a brief description of future renewable contracts entered in 2014. Astoria Phase H Solar Project Astoria II LLC has entered into a long-term power purchase agreement with SCPPA to build a Solar Photovoltaic facility that has a net capacity of approximately 175 megawatts of electricity. This contractual arrangement is basically considered firm generation, which is jointly owned with other municipal partners. By leveraging this asset with our municipal partners the City achieves the critical mass needed to build a large project/or contract. This strategy practice reduces construction, financing, and operation costs and lets us achieve economies of scale and obtain the most favorable financing rates. The project located in Kern County will be available for commercial operation by December 31, 2016 with SCPPA taking control of 75 MW power produced. The City of Vernon, in conjunction with other 5 municipal utilities from SCPPA, is participating in the PPA to purchase the facility energy for 20 years. The City Council has approved a power purchase agreement (through SCPPA) with Astoria for its renewable energy that will entitle Vernon to 20 MW of capacity for the period of January 2017 to December 2021, and 30 MW for the remainder contract period of January 2022 to December 2036. Puente Hills Gas to Energy Project Puente Hills landfill gas station was constructed by Los Angeles County Sanitation District in the 1980s; this facility is located in Southeastern Los Angeles County, near Vernon service area. It has been in full commercial operation since January 1987 and has remained on-line 95 percent of the time. The facility produces approximately 46 MW capacity. The Puente Hills Gas-to-Energy facility is a conventional Rankine Cycle Steam Power Plant using landfill gas (LFG) as fuel to generate electricity. LFG is fired in the plant's boilers producing superheated steam. The superheated steam is used to drive the steam turbine/generator to generate electric power. The City (through SCPPA, a utility group) has entered into a power purchase agreement for 10 megawatts of renewable power from the Puente Hills Landfill Gas—to-Energy Facility beginning January 1, 2017 and ending on December 31, 2030. Backsround On April 12, 2011, Governor Edmund G. Brown, Jr. signed into law the California Renewable Energy Resources Act, Senate Bill 2 of the First Extraordinary Session ("SBxI 2") requiring all load serving entities in California to achieve a 33% Renewable Portfolio Standard ("RPS") by 2020. Additionally, SBxI 2 required each publicly owned utility such as the City of Vernon ("Vernon") to develop a procurement plan and to adopt an enforcement program (by 1/l/2012). The legislation became law effective January 1, 2012. It was again amended effective January 1, 2013. City of Vernon Renewable Portfolio Standards SB 1078 In 2002, Senate Bill 1078 ("S13 1078") implemented a RPS with a goal of providing 20 percent of the energy sold to retail customers be generated using eligible renewable resources by 2017. Pursuant to SB 1078, the City Council adopted Resolution 8511 on August 4, 2004, which established for Vernon a goal of serving 20 percent of Vernon's load with "eligible" renewable energy resources by 2017. Under SB 1078, the governing board of a local publicly owned electric utility is responsible for implementing and enforcing a renewable portfolio standard for the utility that recognizes the intent of the Legislature to encourage utilization of renewable resources, while taking into consideration the effect of the standard on rates, reliability, and financial resources and the goal of environmental improvement. The legislation requires that the RPS include a determination of what resources qualified as renewable, the percentage of total energy resources that would be renewable and a timetable for meeting the goals. SB 1078 does not include a specific definition of renewable resources for municipal utilities, but instead delegates this responsibility to the governing board of each municipal. SB 1078 establishes the CEC as the Certified agency for renewable resources and requires the CEC to establish a tracking mechanism for renewable energy credits to insure that renewable energy output is counted only once for RPS standards. SB 1078 was superseded by the passage of SB X1 2 in 2011. SBx1 2 In the ongoing effort to codify the 33 percent by 2020 goal, SBxI 2 was signed by Governor Edmund G. Brown, Jr., in April 2011. SBxI 2 revised the RPS Program to state the intent of the Legislature to increase the amount of electricity generated from eligible renewable energy resources per year, so that amount equals at least 33 percent of total retail sales of electricity in California per year by December 31, 2020. This bill makes the requirements of the RPS program applicable to local publicly owned electric utilities, except that the utility's governing board is responsible for implementing those requirements. However, certain enforcement authority with respect to local publicly owned electric utilities was given to the Energy Commission and State Air Resources Board. Further, the bill required that the governing board of each local publicly owned electric utility adopt an enforcement program on or before January 1, 2012. The Light & Power Department formulated a plan to address all legal provisions and this proposed program was adopted by Council via Resolution 2012-02 on January 3, 2012, thereby implementing Vernon's SBxI 2 Compliance Plan. Vernon's SBxI 2 Compliance Plan The existing SBxI 2 Compliance Plan represents Vernon's commitment to renewable energy procurement consistent with the legislative intent of SBxI 2 to ensure the development of a procurement plan and the adoption of an enforcement program. Some of the major provisions are as follows: • Procurement Targets — SBxI 2 calls for interim targets that must be attained. There are three compliance periods ("CPs"). The first compliance period covers 2011 through 2013 ("CPI"). The second period covers 2014 through 2016 ("CP2"). The third period covers 2017 through 2020 ("CP3"). CPI has a compliance target of 20% by December 31, 2013. CP2's target is 25% by the end of CP2. CP3's target is 33 percent by the end of CP3. After 2020, the procurement target is 33 percent. Consistent with the legislation, Vernon will increase procurement of electricity from eligible renewable resources, including renewable energy credits, to meet the target objectives. The following table summarizes these requirements. Table 2: RPS Cam liance Periods PeriodsCompliance Compliance Period 1 2011 Retail Sales: 20% (2011-2013) 2012 Retail Sales: 20% 2013 Retail Sales: 20% Compliance Period 2 2014 Retail Sales: 20% (2014-2016) 2015 Retail Sales: 20% 2016 Retail Sales: 25.0% 2017 Retail Sales: 27.0% Compliance Period 3 2018 Retail Sales: 29.0% (2017-2020) 2019 Retail Sales: 31.0% 2020 Retail Sales: 33.0% • Portfolio Categories— SBxI 2 establishes three categories of renewable energy resources and sets minimum and maximum levels of each category of resource that can be included in a utility's renewable portfolio for each compliance period. A series of tests is applied to each renewable energy resource, based on the physical characteristics of the generation facility and on the contract terms under which the utility procures the product(s), to determine in which category a resource is classified. The first resource category is bundled renewable energy resources (i.e. energy and environmental attributes) connected to or scheduled into a California Balancing Authority. Resources located outside of California, and which are not directly scheduled into a California Balancing Authority, are not eligible to be categorized as renewable resources in this category. The second category is renewable energy resources that are firmed and shaped with energy that is new to California(i.e. not purchased from a source already within California). The third category is any product that fails to meet the conditions of categories 1 or 2, including transactions for Renewable Energy Credits (discussed below) with no electricity associated with them. The statute mandates that 50% of the renewable energy used for compliance must initially come from the first category (i.e. connected to or scheduled into a California balancing authority). The portion of energy which must come from this category increases over time. The use of resources from the third category is initially capped at 25%, with that cap decreasing over time. Resources from the second category may be used to satisfy the remainder of the renewables requirement. These mandates and their changes are tied directly to the "compliance periods" described above. The portfolio balance mandates are summarized in the following table. Table 2: RPS Cam liance Categories PeriodCompliance Category I Category 2 Category 3 Bundled Green Bundled Firmed & Shaped Unbundled/RECs Must Be At Least (has direct restriction) Cannot Exceed 2011-2013 50% 25% 25% 2014-2016 65% 20% 15% 2017-2020+ 75% 15% 10% • Enforcement Program — The legislation required the City Council to adopt an enforcement program and, effective January 3, 2012, pursuant to Resolution 2012-02, City Council approved the implementation of Vernon's Compliance Plan. Fiscal Impact This report is for informational purposes only. There is no fiscal impact. i ag Rl �"�IVE® RECEIVED JAN 15 2015 E+ JAN 1 5 2015 °<� •`` �'"cir LMva CITY CLERKS OFFICE STAFF REPORT CITY ADMIN STRATION VERNON GAS & ELECTRIC DEPARTMENT DATE: January 20,2015 l TO: Honorable Mayor and City Council 1 FROM: Carlos Fandino Jr., Director of Vernon Gas & Electric V RE: Approve the Usage of a Distinctive Logo for Vernon Gas & Electric Recommendation It is recommended that the City Council: 1. Find that the item in this staff report 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. Approve the implementation of a new logo design for Vernon Gas & Electric (VG&E), created to identify Vernon's utility as a unique entity within the City of Vernon municipal service infrastructure. Background The City of Vernon Gas & Electric Department has prepared this presentation for Council to propose a new and distinct logo for VG&E. In order to convey the professionalism, sustainability, and reliability of Vernon's electric and gas service offerings, City staff deemed it important to appropriately designate VG&E as a unique and distinct City of Vernon service provider. VG&E is a highly effective and reliable resource for City residents and businesses that provides high quality electric and gas services. The implementation of a logo that represents the City's unique capability to manage such an operation affords a method to communicate this positive message to the Vernon community. The selection of a proper logo is critical. There were several phases that determined the design and final decision of the logo that staff is ultimately recommending for Council approval. Management initiated the logo development by collecting ideas from VG&E staff and also commissioned an independent design firm to develop a professional logo that would effectively convey the function of VG&E to the public. A collection of several designs was circulated amongst staff who voted to implement the proposed design. The logo has a fresh, clean, modern look which is aptly aligned with the new title of the Vernon utility. It is proposed that all VG&E equipment, uniforms, vehicles, and the like, utilize the new logo accordingly. It is a significant symbol of Vernon Gas & Electric's capacity to provide a unique, reliable, effective service to its constituents. Fiscal Impact There is no known fiscal impact. Attachments 1/14/2015 • • DESIGN COUNCIL • rnuary . 2015 •To convey the message that the City of Vernon provides an independent viable resource for gas and electric services PURPOSE OF To distinguish Vernon Gas&Electric as a unique and distinct City service provider for the residential and business communities • • To align with the modern outlook for the future which was inspired by the new departmental title,"VG&E" OFFICIAL SELECTIONRECOMMENDEERNON GAS & ELECTRIC 1 1/14/2015 ADDITIONAL To demonstrate the quality of the logo design options,staff has included a few of the • • alternates that were evaluated before arriving at DESIGNS the final decision Vernon Gas & Electric o V Z.ALTERNATE � o • • DESIGN LrLSCG 2 1/14/2015 ALTERNATE LOGO . Lo VERNON GAS&ELECTRIC Staff thoroughly vetted the options for a VG&E CONCLUSION logo and is confident that the final selection will properly represent Vernon's Utility to the public 3 pF Vg e�oaHf r RECEIVED R ff�r,7 W 7 D 9jY£LY 1tl�J9'l JAN 12 2015 JAN 15 2015 STAFF REPORT CITY ADMINISTRATION CITY CLERK'S OFFICE HUMAN-1 RESOURCES DEPARTMENT DATE: January 20, 2015 TO: Honorable Mayor and City Council FROM: Teresa McAllister, Director of Human Resource .f Ap RE: Approval and Authorization to execute a Services Agreement by and between the City of Vernon and Athens Administrators Recommendations It is recommended that the City Council: 1) Find that approval of a services agreement with Athens Administrators to administer the City's self-insured workers compensation 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) Approve the attached services agreement and authorize the City Administrator's execution of a three (3) year services agreement, in substantially the same form as submitted herewith, with Athens Administrators to provide third party administration services for the City's self-insured workers compensation program. Background In line with the City's good governance reforms, the City has, among numerous other things, developed a comprehensive contracting/purchasing ordinance that establishes an open and competitive selection process for service contracts, as required by the City Charter amendment passed by the voters in November 2011. Consistent with all provisions of the aforementioned ordinance, in August 2014, City staff sent a Request for Proposals (RFP) to sixteen (16) third party administrators of workers compensation services and posted the RFP on the City's website. By the deadline of October 6, 2014, eight (8) consultants provided responses to the RFP. The interview panel was comprised of five (5) City staff, three of which represented the following large departments, Police, Fire, and Gas & Electric Department. The interviews were 1 conducted with all of the consultants on November 13, 2014, and a final interview was held with the City Administrator on November 20, 2014. Based on the interviews, the panel and City Administrator unanimously recommended the continuation of Athens Administrator as the service provider based on being well qualified and having a reasonable proposal of $182,370 over the next three years. The selection of the consultant was evaluated based upon the following criteria: • Provided a clear and concise summary of services that would complete all assignments and satisfy City expectations • Able to communicate clearly and in easy to understand terms to employees for understanding of workers compensation issues • Staff were professionally skilled, experienced and credentialed • Provided a clear methodology on how they will be able to handle workers compensation claims on behalf of the City — particularly showing experience with governmental agencies and employers in California • Provided additional services to the City and its employees • Overall costs, and fees to be charged • A clear schedule for various elements of the work plan and proposed timeline Athens Administrators is the City's current provider of workers compensation administration, and has served as the City's Third Party Claims Administrator since 2011. Athens Administrators is a third generation, family owned California based Corporation. They have been in business providing workers compensation claims administration services, medical bill review and nurse case management and utilization review since 1976. During the past six years, Athens has been able to achieve a 99% client retention rate, providing exceptional customer service ratings. They have also had the privilege of being nominated as one of the best places to work six out of the past seven years that they have participated in the survey. This is reflective of their commitment in providing City of Vernon employees with exceptional service in handling workers' compensation claims in a cost effective manner. Fiscal Impact The total anticipated cost to implement the three (3) year professional services agreement effective January 1, 2015 is $182,370, which represents a cost reduction as summarized below: ■ Calendar Year 2015 is $59,000 resulting in an approximate savings of $15,320 in comparison to current base fee of$74,320 annually ■ Calendar Year 2016 is $60,770 resulting in an approximate savings of $13,550 in comparison to current base fee of$74,320 annually ■ Calendar Year 2017 is $62,600 resulting in an approximate savings of $11,720 in comparison to current base fee of$74,320 annually. Compared to Athens Administrators' previous fees, the overall cost savings to implement the three (3) year contract is $40,590. These costs have been included in the 2014-2015 fiscal year budget. 2 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND ATHENS ADMINISTRATORS FOR WORKERS COMPENSATION CLAIM ADMINISTRATION SERVICES COVER PAGE Contractor: Athens Administrators Responsible Principal of Contractor: Michael Landa, Executive Vice President Notice Information - Contractor: Athens Administrators P.O. Box 696 Concord, CA 94522-0696 Attention: Michael Landar Executive Vice President Phone: (909) 621-9345 Notice Information - City: City of Vernon 4305.Santa Fe Avenue Vernon, CA 90058 Attention: Teresa McAllister, Director of Human Resources Telephone: (323) 583-8811 ext. 239 Facsimile: (323) 826-1439 Commencement Date: January 1, 2015 Termination Date: December 31, 2017 Consideration: Total not to exceed $182,370.00 (includes all applicable sales tax); and more particularly described in Exhibit C Records Retention Period Three (3)years, pursuant to Section 9.19 1 I SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND ATHENS ADMINISTRATORS FOR WORKERS COMPENSATION CLAIM ADMINISTRATION SERVICES This Contract is made between the City of Vernon ("City"), a California charter City and California municipal corporation ("City"), and Athens Administrators, a California corporation ("Contractor"). The City and Contractor agree as follows: 1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the City Council on January 20, 2015. 2.0 SCOPE OF SERVICES. 2.1 Contractor shall perform all work necessary to complete the services set forth in the Request for Proposals issued in August 2014, Exhibit"A", and Contractor's proposal to the City ("Proposal") dated October 2, 2014, Exhibit "B both of which are attached to and incorporated into this Contract, by reference. 2.2 All services shall be performed to the satisfaction of City. 2.3 All services shall be performed according to the standards then prevailing in the field of third party administration of workers' compensation, auto and liability claims. 3.0 PERSONNEL. 3.1 Contractor represents that it employs, or will employ, at its own expense, all personnel required to perform the services under this Contract. 3.2 Contractor shall not subcontract any services to be performed by it under this Contract without prior written approval of City. 3.3 All of the services required hereunder will be performed by Contractor or by City-approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City. 2 i 4.0 TERM. The term of this Contract shall commence on January 1, 2015, and it shall continue until December 31, 2017, unless terminated at an earlier date pursuant to the provisions thereof. 5.0 COMPENSATION AND FEES. 5.1 Contractor has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in and around Los Angeles County for the same services. For satisfactory and timely performance of the services, the City will pay Contractor in accordance with the payment schedule set forth in Exhibit "C" 5.2 Contractor's grand total compensation for the entire term of this Contract, including change orders, shall not exceed $182,370.00 without the prior authorization of the City Council and written amendment of this Contract. 5.3 Contractor shall, at its sole cost and expense, furnish all necessary and incidental labor, material, supplies, facilities, equipment and transportation which may be required for furnishing services pursuant to this Contract. Materials shall be of the highest quality. The above Contract fee shall include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone,air travel, auto rental, subsistence, and all related costs and expenses. 6.0 PAYMENT. 6.1 As scheduled services are completed, Contractor shall submit to the City an invoice for the services completed, authorized expenses, and authorized extra work actually performed or incurred according to said schedule_ 6.2 Each such invoice shall state the basis for the amount invoiced, including a detailed description of the services completed,the number of hours spent, reimbursable expenses incurred and any extra work performed. 6.3 Contractor shall also submit aprogress report with each invoice that describes in reasonable detail the services and the extra work, if any, performed in the 3 immediately preceding calendar month. 6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment. 6.5 City will pay Contractor the amount invoiced within thirty (30) days after the City approves the invoice. 6.6 Payment of such invoices shall be payment in full for all services, authorized costs and authorized extra work covered by that invoice. 7.0 CHANGE ORDERS. The Director of the Human Resources Department shall have the authority to issue change orders for administrative and non-material changes to the scope of services and to the time for performance as long as the change orders do not increase the compensation due to Contractor under this Contract and as long as the time is not extended beyond three years. The City Administrator, shall have the authority to issue administrative change orders to increase the compensation due Contractor under this Contract, but the combined total amount of such change orders shall not exceed the total Contract amount of$182,370.00. 8.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services;and will give any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's services. 9.0 GENERAL TERMS AND CONDITIONS. 9.1 INDEPENDENT CONTRACTOR. 9.1.1 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 4 i 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. 9.1.2 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. 9.2 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. 9.3 OWNERSHIP OF WORK, All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts, studies, memoranda, computation sheets and other I 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. 9.4 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. 9.5 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 5 breach, nor of a subsequent breach of the one waived. 9.6 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. 9.7 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, 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. 9.8 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, including but without limitation, the Vernon Living Wage Ordinance. Violation of any law material to performance of this Contract shall entitle the City to terminate the Contract and otherwise pursue its remedies. 9.9 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. 9.10 INTERPRETATION. 9.10.1 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. 9.10.2 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). 6 9.10.3 Written Amendment. This Contract may only be changed by written amendment signed by Contractor and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Contract shall be of no force or effect. 9.10.4 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. 9.10.5 Order of Precedence. In case of conflict between the terms of this Contract and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Contract shall strictly prevail. The terms of the City's Request for Proposals shall control over the Contractor's Proposal. 9.10.6 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 and/or is to be performed 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. 9.10.7 Duplicate Originals. There shall be two (2) fully signed copies of this Contract, each of which shall be deemed an original 9.11 TIME OF ESSENCE. Time is strictly of the essence of this contract and each and every covenant, term and provision hereof. 9.12 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. 7 9.13 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. 9.14 INDEMNITY. 9.14.1 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. 9.14.2 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, its employees or agents other than Contractor or 8 Contractor's subcontractors are excluded from this indemnity agreement. 9.15 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. 9.15.1 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. 9.15.2 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 if required. C. Products/Completed Operations coverage where such risk is applicable. 9.15.3 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: 9 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 City Council, 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. 9.15.4 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. 9.15.5 Insurance shall be placed with insurers with a Best's rating of no less than B:VIII. 9.15.6 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. 9.15.7 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 10 otherwise, including attorney's fees and costs, being collectible from Contractor, by way of set- off or recoupment from any sums due Contractor. 9.16 NOTICES. Any notice or demand to be given by one party to the other be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice. If to the City: City of Vernon Attention: Teresa McAllister, Director of Human Resources 4305 Santa Fe Avenue Vernon, CA 90058 If to the Contractor: Athens Administrators Attention: Michael Landa, Executive Vice President P.O. Box 696 Concord, CA 94522-0696 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. 9.17 TERMINATION FOR CONVENIENCE (Without Cause). City may terminate this Contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written notice to Contractor. If the Contract is thus terminated by City for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and.accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause. 9.18 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Contract by written notice to the defaulting party. The notice shall specify the basis for the default. The Contract shall 11 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. 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. 9.19 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 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. 9.20 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. 9.21 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 12 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 1'/z times the basic rate of pay. 9.22 LIVING WAGES Contractor, and any Subcontractor(s), shall comply with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit "D". Upon the City's request, certified payroll records shall promptly be provided to the City. 9.23 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit "E [Signatures Begin on Next Page]. 13 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 Athens Administrators, a California and California municipal corporation corporation By: By: Mark Whitworth, City Administrator Name: Title: ATTEST: By: Ana Barcia, Deputy City Clerk Name: Title: APPROVED AS TO FORM: Zaynah Moussa, Deputy City Attorney i 14 EXHIBIT A REQUEST FOR PROPOSALS 15 City of Vernon Request for Proposals (RFP) WORKERS' COMPENSATION CLAIMS ADMINISTRATION DUE OCTOBER 6, 2014 t l IF0It E� 1905 Fn � LY I City of Vernon Human Resources Department 4305 Santa Fe Avenue, Vernon, CA 90058 Phone: (323) 583-8811 1 City of Vernon Workers' Compensation Claims Administration Request for Proposals CITY OF VERNON REQUEST FOR PROPOSALS WORKERS' COMPENSATION CLAIMS ADMINISTRATION 1. INTRODUCTION AND PROJECT The City of Vernon ("City") is requesting proposals from qualified Workers' Compensation Claims Administrators. The City is currently a self-funded entity with its contract for worker's compensation administration expiring December 31, 2014. The City will select one firm, based on demonstrated competence and a cost effective approach to review, conduct, and assist in the administration of the City's workers' compensation claims. 2. BACKGROUND The City of Vernon was founded in 1905, is approximately 5.2 square miles in size and is located approximately 5 miles southeast of downtown Los Angeles California. Over its long history Vernon has been developed as an industrial community. At the turn of the 20th century the lands that make up Vernon were comprised largely of farmlands. The presence of three major rail lines in the area led influential business men and property owners to encourage the railroad companies to run spur lines onto the farmlands. These rail extensions enabled the creation of an "exclusively industrial" City. By the 1920's Vernon was attracting large stockyards and meatpacking facilities. In the 1930's Vernon became the location of choice for many heavy industrial plants. As economic conditions changed over the decades, these large scale industrial operations have relocated out of Southern California and Vernon has attracted smaller, lighter industrial facilities. The City's business friendly environment, low cost utilities, and key location for trucking and rail transport continue to position Vernon as an ideal location for industrial uses. City Government: The City Council consists of five members elected from the City at large, who serve five-year staggered terms. The City Council annually appoints a Mayor and a Mayor Pro Tem from its own membership to serve one-year terms. Labor Force: Vernon has approximately 250 employees, and its departments include a Fire Department, Police Department, Finance Department, Human Resources, City Administration, City Attorney, City Clerk, Public Works, Water and Development Services, Gas and Electric Department, and Health Department. Present recognized bargaining units include the Vernon Police Officers' Benefit Association, the Vernon Police Management Association, the Vernon Firemen's Association, the Vernon Fire Management Association, the International Brotherhood of Electrical Workers Local 47, and Teamsters. In addition, the City is in the process of modifying and adopting personnel policies and procedures. Vernon's in-house legal staff includes a City Attorney and two Deputy City Attorneys. 2 City of Vernon Workers' Compensation Claims Administration Request for Proposals 3. DESIRED SERVICES The City seeks to contract with one provider for claims administration services. The City is currently a self-funded entity with its contract for workers' compensation claims administration expiring December 31, 2014. The City desires prompt, accurate claims handling and reporting. Administrative legal support required in the daily administration of claims is expected to be included within the scope of services provided by the Claims Administrator. The Claims Administrator will be expected to provide initial training for all designated City staff on the claims submission process and forms, as well as ongoing training as required. The Claims Administrator will be expected to provide the City with loss control data and other cost control methods and services. Transfer of claims from the City's current Claims Administrator will be required. 4. SCOPE OF SERVICES REQUIRED The City of Vernon is seeking the services of a highly qualified consulting firm to assist in the City's workers' compensation claims administration. The minimum requirements for claims handling are identified below: 1. Designation of a Claims Service Coordinator to ensure that superior claims service is being performed. 2. Dedicated Claims Adjusters and a Claims Supervisor shall be assigned to the City's account. 3. Claims Administrator shall contact the Human Resources Director prior to settlement discussions of any claim. 4. Reserve consultation level of $50,000. Claims Administrator to contact client when setting initial reserves and/or changing existing reserves in the amount of$50,000 or more. 5. Claim status reports for all open claims shall be provided to the City on 90 day intervals. 6. Quarterly claim review meetings to be conducted with City staff for all open files with total incurred reserves of$10,000 or more. 7. Claims Administrator will contact City prior to initiating any investigation or surveillance activities. 8. Claims Administrator will be responsible for reporting claims to worker's compensation excess carriers in accordance with policy provisions. 9. Claims Administrator will allow the City or its designee the ability to audit any paper claim file. The amount of paper claims reviewed is unlimited. 3 City of Vernon Workers' Compensation Claims Administration Request for Proposals 10. The City will designate Defense Counsel for all litigated claims and take into consideration recommendations from the Claims Administrator. 11. Claims Administrator will allow the City or its designee to designate a Pharmacy Benefits Management program. 12. The City of Vernon reserves its right to unbundle any medical management services during the contract period without pricing impact, to include network access. The minimum requirements for claims reporting are identified below: 1. Monthly loss run reports 2. Payment registers—weekly 3. Loss run summaries by department—quarterly 4. Loss run detail reports by department and division —quarterly 5. New claims received — monthly 6. Monthly and cumulative claim service fees itemization 7. Ability to run claim status reports online 8. Ad hoc reporting capabilities 9. Reports pre-formatted as requested by City 10. Triangulation reports as required for financial reporting purposes 11. On-line access to the claims system for three (3) users from the City 12. Ability to import and export reports into Excel The consultant or the City may propose additional tasks as deemed necessary to complete the assignment. Any additional work shall be compensated as agreed upon in the consultant's contract with the City. 5. QUALIFICATIONS & CRITERIA A. Qualifications: The City of Vernon will select one firm for all of the outlined Scope of Services on the basis of qualifications, experience, and cost. The following are the minimum qualifications to be used to evaluate responses to this Request for Proposal: 1. The proposer has advanced knowledge of the administrative requirements, laws and practices relating to Workers' Compensation 4 City of Vernon Workers' Compensation Claims Administration Request for Proposals Claims Administration within a municipal government setting. 2. The proposer has a demonstrated track record of success in handling all aspects of Workers' Compensation Claims Administration and at least five (5) years providing these services to public entities in the State of California. 3. Each proposer shall provide at least three references, preferably from governmental entities, for relevant work performed in the past five years. When possible, include references from cities of a similar character to Vernon (i.e., full service cities). If the proposer does not have three governmental entity references, references from private sector entities may be provided. 4. The proposer must demonstrate understanding of the assignment and knowledge of the skills necessary to serve in the role of Workers' Compensation Claims Administrator. 5. Demonstrated experience in assisting other municipalities with the development and/or administration of self-insured worker's compensation strategies. B. Selection Criteria: The City will conduct a comprehensive, fair, and impartial evaluation of proposals received in response to this RFP. All proposals received from vendors will be reviewed and evaluated by a committee of qualified City personnel. The name, information, or experience of the individual members will not be made available to any vendor. The Evaluation Committee will first review and screen all proposals submitted according to the minimum qualifications set forth above. The following criteria will be used in reviewing, comparing and scoring the proposals: 1. 40% Qualifications, background and prior experience of the firm in the Scope of Services being proposed, experience of key staff assigned to oversee services provided to Vernon, evaluation of size and scope of similar work performed and success on that work. 2. 30% Cost and fees to the City for handling matters. Cost is not the sole determining factor but will be taken into consideration. Proposer must offer services at a rate comparable to the rate proposer offers to other governmental entities for similar work. Offering a higher rate to the City than the comparable rate is grounds for disqualification of the Proposer. If rates differ for different types or levels of service, or for different Service Areas, the Proposer should so state. 3. 10% Responsiveness to the RFP, and quality and responsiveness of the proposal. 4. 20% References including past performance of proposer. 6. FORMAT AND DELIVERY OF RESPONSE Respondents are asked to submit seven (7) hard copies of their proposals in sufficient detail to allow for a thorough evaluation and comparative analysis. The proposal should include, at a minimum, the following information in sectionalized format addressing all phases of the work in the RFP. 5 i City of Vernon Workers' Compensation Claims Administration Request for Proposals A. Format: Limit your proposal to 20 typed 8.5" X 11" pages, or fewer, on white bond paper of at least 20-pound weight single sided (excluding cover letter and attachments. You may attach a firm brochure if you wish, but it must be as a separate attachment and independent from the required elements noted above. 1. Use a conventional typeface with a minimum font size of 12 points. Use a 1" margin on all borders. 2. Organize your submittal in the order described above. 3. Provide one (1) unbound original of your firm's response and one electronic version. 4. Prominently label the package: "RFP for Workers' Compensation Claims Administration" and include the name of the prime respondent. Deliver the response to: City of Vernon Attention: Teresa McAllister, Director of Human Resources 4305 Santa Fe Avenue Vernon, CA 90058 tmcallister(cD-ci.vernon.ca.us (for electronic version) 5. Responses are due on or before 5:00 p.m. on October 6, 2014. Late responses will not be accepted. 6. If you have any question about this RFP, please contact Teresa McAllister at (323) 583-8811 ext. 239. B. Cover Letter: All proposals shall include a cover letter which states that the proposal shall remain valid for a period of not less than ninety (90) days from the date of submittal. If the proposal contemplates the use of sub-contractors, the sub-contractors shall be identified in the cover letter. If the proposal is submitted by a business entity, the cover letter shall be signed by an officer authorized to contractually bind the business entity. With respect to the business entity, the cover letter shall also include: the identification of the business entity, including the name, address and telephone number of the business entity; and the name, title, address and telephone number of a contact person during the proposal evaluation period. C. Introduction: Present an introduction of the proposal and your understanding of the assignment and significant steps, methods and procedures to be employed by the proposer to ensure quality deliverables that can be delivered within the required time frames and your identified budget. D. General Scope of Work: Briefly summarize the scope of work as the proposer perceives or envisions it for each Service Area proposed. E. Work Plan: Present concepts for conducting the work plan and interrelationship of all products. Define the scope of each task including the depth and scope of analysis or research proposed including claims procedures, staffing, data management, and financial/banking options available. 6 City of Vernon Workers' Compensation Claims Administration Request for Proposals F. Fees and costs: Although an important aspect of consideration, the financial cost estimate will not be the sole justification for consideration. Negotiations may or may not be conducted with the proposer; therefore, the proposal submitted should contain the proposer's most favorable terms and conditions, since selection and award may be made without discussion with any firm. All prices should reflect "not to exceed" amounts per item. Provide pricing for the following: New Claims Administration Fees by Line of Coverage — Account for litigated, non-litigated, incident only pricing for Nos. 3 and 4. I 1. Annual flat fee 2. Life of contract 3. Life of claim 4. Run-out claim fees if contract is terminated. Subrogation Fees Annual Claims Administration Fee Medical Management 1. Bill Review 2. Nurse Case management (telephonic, field, vocational rehab) 3. Utilization Review 4. Pharmacy 5. Physician Review/Consultation Loss Control Services 1. Hourly Rate 2. OSHA 300, 300a and 301 report production Field Investigation Services/Data Management Services 1. Online access to notes, financials and reporting 2. Ad-hoc report creation requiring programmer support 3. List fees (if any) subsequent to contract termination Claim Indexing Fees Additional Services Offered G. Ability of the Proposer to Perform: Provide a detailed description of the proposer and his/her/its qualifications, including names, titles, detailed professional resumes and past experience in similar work efforts/products of key personnel who will be working on the assignment. Provide a list of specific related work projects that have been completed by the proposer which are directly related to the assignment described in this RFP. Note the specific individuals who completed such project(s). Identify role and responsibility of each member of the project team. Include the amount of time key personnel will 7 City of Vernon Workers' Compensation Claims Administration Request for Proposals be involved in the respective portions of the assignment. Respondents are encouraged to supply relevant examples of their professional product. Provide a list of references. The selected firm shall not subcontract any work under the RFP nor assign any work without the prior written consent of the City. H. Affidavit of Non-Collusion. Proposer must submit a completed and signed, "Affidavit of Non-Collusion." (Copy Attached as Exhibit A). 7. ADDENDA, CHANGES, AND AMENDMENTS TO THIS SOLICITATION At any time prior to the due date for responses, the City may make changes, amendments, and addenda to this solicitation, including changing the date due to allow respondents time to address such changes. Addenda, changes, and amendments, if made, will be posted on the City's website (www.cityofvernon.org), which is deemed adequate notice. A proposer may make a request to the City's project coordinator to be placed on a list of persons to receive notice of any such addenda, changes, or amendments. The preferred manner of communications is via e-mail due to its timeliness. 8. CONDITIONS FOR RESPONSES TO RFP The following conditions apply to this RFP process: A. Nothing contained in this RFP shall create any contractual relationship between the respondent and the City. B. This RFP does not obligate the City to establish a list of service providers qualified as prime contractors, or award a contract to any respondent. The City reserves the right to amend or cancel this RFP without prior notice, at any time, at its sole discretion. C. The City shall not be liable for any expenses incurred by any individual or organization in connection with this RFP. D. No conversations or agreements with any officer, agent, or employee of the City shall affect or modify any terms of this RFP. Oral communications or any written/e-mail materials provided by any person other than designated contact staff of City shall not be considered binding. E. The City reserves the right, in its sole discretion, to accept or reject any or all Proposals without prior notice and to waive any minor irregularities or defects in a Proposal. The City reserves the right to seek clarification on a Proposal with any source. F. The dates, times, and sequence of events related to this RFP 8 City of Vernon Workers' Compensation Claims Administration Request for Proposals shall ultimately be determined by the City. The schedule shown above is subject to change, at the sole discretion of the City, although the City will attempt to follow it and, if it must be altered, will attempt to provide reasonable notice of the changes. G. Respondents shall not issue any news release pertaining to this RFP, or the City without prior written approval of the City. H. All submitted proposals and information included therein or attached thereto shall become public record upon completion of the RFP process. 9. RIGHT BY THE CITY TO WITHDRAW THIS REQUEST The City may, at its sole discretion and for any reason whatsoever, withdraw this solicitation at any time. 10. LIVING WAGE ORDINANCE (AND PREVIALING WAGE WHERE APPLICABLE) The selected consultant shall pay qualifying employees a wage of not less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. The consultant shall also provide qualifying employees at least twelve days off per year for sick leave, vacation or personnel necessity, and an additional ten days a year of uncompensated time for sick leave. There shall be a prohibition on an employer retaliation against an employee's complaining to the City with regard to the employer's compliance with the living wage ordinance. Contractor, and any Subcontractor(s), shall comply with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit "D". Upon the City's request, certified payroll records shall promptly be provided to the City. The provisions of California Labor Code 1770, et seq., regarding the payment of prevailing wages on public works, and related regulations, apply to all City contracts. If Living Wage Provisions and Prevailing Wage provisions should both apply to this Contract, Contractor and all of its Subcontractors shall pay the higher of the applicable wages to the extent required by law. 11. STANDARD TERMS AND CONDITIONS Prior to the award of any work hereunder, City and proposer shall enter into the written contract attached hereto, for services, as an Exhibit B. Proposers responding to this RFP are strongly advised to review all the terms and conditions of the Contract. The term of the Contract shall not exceed three (3) years. 9 City of Vernon Workers' Compensation Claims Administration Request for Proposals EXHIBIT A AFFIDAVIT OF NON-COLLUSION 10 City of Vernon Workers' Compensation Claims Administration Request for Proposals AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) being first duly sworn deposes and says that he/she is (Insert"Sole owner",'Partner",'President,"Secretary",or other proper title) of (Insert name of bidder) who submits herewith to the City of Vernon a 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 fiirther 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 or fix any overhead, profit or cost element of his 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 any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except the City of Vernon, or to any person or persons who have a partnership or other financial interest with said bidder in his business. I certify under penalty of perjury that the above information is correct By: Title: Date: 11 it City of Vernon Workers' Compensation Claims Administration Request for Proposals SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND [CONTRACTOR'S NAME] FOR [BRIEF DESCRIPTION OF SERVICES] COVER PAGE Contractor: [insert name of contractor] Responsible Principal of Contractor: [insert name, title] Notice Information - Contractor: [insert name of contractor] [insert street address] [insert city, state, zip code] Attention: [insert name, title] Phone: [insert phone number] Facsimile: [insert fax number] Notice Information - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: [insert department head] [insert department head title] Telephone: (323) 583-8811 ext. [insert] Facsimile: [insert fax number] Commencement Date: [insert commencement date] Termination Date: [insert termination date] Consideration: Total not to exceed $[insert amount] (includes all applicable sales tax); and more particularly described in ! Exhibit C Records Retention Period Three (3) years, pursuant to Section 9.19 I 12 City of Vernon Workers' Compensation Claims Administration Request for Proposals SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND [CONTRACTOR'S NAME] FOR [BRIEF DESCRIPTION OF SERVICES] THIS Contract is made between the City of Vernon ("City"), a California charter City and California municipal corporation ("City"), and [Contractor's Name], a [State incorporated in] corporation ("Contractor"). The City and Contractor agree as follows: 1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the City Council on 2.0 SCOPE OF SERVICES. 2.1 Contractor shall perform all work necessary to complete the services set forth in the Request for Proposals dated , Exhibit "A", and Contractor's proposal to the City ("Proposal") dated Exhibit "B", both of which are attached to and incorporated into this Contract, by reference. 2.2 All services shall be performed to the satisfaction of City. 2.3 All services shall be performed according to the standards then prevailing in the [state] profession. 3.0 PERSONNEL. 3.1 Contractor represents that it employs, or will employ, at its own expense, all personnel required to perform the services under this Contract. 3.2 Contractor shall not subcontract any services to be performed by it under this Contract without prior written approval of City. 3.3 All of the services required hereunder will be performed by Contractor or by City-approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City. 13 City of Vernon Workers' Compensation Claims Administration Request for Proposals 4.0 TERM. MUST SELECT AN ALTERNATIVE AND REMOVE THE LANGUAGE OF ALTERNATIVE NOT SELECTED. [Alternative 1, for services where there is a deliverable or specific schedule set forth in the specifications/RFP or in the bid/proposal]. The Contractor shall commence the delivery of services on receipt of a written notice to proceed and shall complete the services on the schedule set forth in Exhibit " " [Alternative 2, for services of a continuing nature]. The term of this Contract shall commence on [state date], and it shall continue until [state date which may not be more than three years from the commencement date], unless terminated at an earlier date pursuant to the provisions thereof. 5.0 COMPENSATION AND FEES. 5.1 Contractor has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in and around Los Angeles County for the same services. For satisfactory and timely performance of the services, the City will pay Contractor in accordance with the payment schedule set forth in Exhibit "C". 5.2 Contractor's grand total compensation for the entire term of this Contract, including change orders, shall not exceed [state amount] without the prior authorization of the City Council and written amendment of this Contract. 5.3 Contractor shall, at its sole cost and expense, furnish all necessary and incidental labor, material, supplies, facilities, equipment and transportation which may be required for furnishing services pursuant to this Contract. Materials shall be of the highest quality. The above Contract fee shall include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related costs and expenses. 6.0 PAYMENT. 14 City of Vernon Workers' Compensation Claims Administration Request for Proposals 6.1 As scheduled services are completed, Contractor shall submit to the City an invoice for the services completed, authorized expenses, and authorized extra work actually performed or incurred according to said schedule. 6.2 Each such invoice shall state the basis for the amount invoiced, including a detailed description of the services completed, the number of hours spent, reimbursable expenses incurred and any extra work performed. 6.3 Contractor shall also submit a progress report with each invoice that describes in reasonable detail the services and the extra work, if any, performed in the immediately preceding calendar month. 6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment. 6.5 City will pay Contractor the amount invoiced within thirty (30) days after the City approves the invoice. 6.6 Payment of such invoices shall be payment in full for all services, authorized costs and authorized extra work covered by that invoice. 7.0 CHANGE ORDERS. MUST SELECT AN ALTERNATIVE AND REMOVE THE LANGUAGE OF ALTERNATIVE NOT SELECTED. [alternative A] There is no change order authority provided in this Contract. [alternative B] The Director of the Department of [identify department] shall have the authority to issue change orders for administrative and non-material changes to the scope of services and to the time for performance as long as the change orders do not increase the compensation due to Contractor under this Contract and as long as the time is not extended beyond three years. The City Administrator, shall have the authority to issue administrative change orders to increase the compensation due Contractor under this Contract, but the combined total amount of such change orders shall not exceed [state amount]. 15 City of Vernon Workers' Compensation Claims Administration Request for Proposals 8.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services; and will give any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's services. 9.0 GENERAL TERMS AND CONDITIONS. 9.1 INDEPENDENT CONTRACTOR. 9.1.1 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 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. 9.1.2 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. 9.2 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. 9.3 OWNERSHIP OF WORK. All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts, studies, memoranda, 16 City of Vernon Workers' Compensation Claims Administration Request for Proposals 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. 9.4 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. 9.5 WAIVER. The City's waiver of any term, condition, breach or I 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. 9.6 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. 9.7 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. 9.8 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, including but without limitation, the Vernon Living Wage Ordinance. Violation of 17 City of Vernon Workers' Compensation Claims Administration Request for Proposals any law material to performance of this Contract shall entitle the City to terminate the Contract and otherwise pursue its remedies. 9.9 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. 9.10 INTERPRETATION. 9.10.1 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. 9.10.2 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). 9.10.3 Written Amendment. This Contract may only be changed by written amendment signed by Contractor and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Contract shall be of no force or effect. 9.10.4 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. 9.10.5 Order of Precedence. In case of conflict between the terms of this Contract and the terms contained in any document attached as an t8 City of Vernon Workers' Compensation Claims Administration Request for Proposals Exhibit or otherwise incorporated by reference, the terms of this Contract shall strictly prevail. The terms of the City's Request for Proposals shall control over the Contractor's Proposal. 9.10.6 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 and/or is to be performed 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. 9.10.7 Duplicate Originals. There shall be two (2)fully signed copies of this Contract, each of which shall be deemed an original. 9.11 TIME OF ESSENCE. Time is strictly of the essence of this contract and each and every covenant, term and provision hereof. 9.12 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. 9.13 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. 19 City of Vernon Workers' Compensation Claims Administration Request for Proposals RISK MANAGEMENT TO COMPLETE SECTIONS 9.14 AND 9.15 9.14 INDEMNITY. [INSERT INDEMNITY AND INSURANCE REQUIREMENTS HERE] (alternative A: TYPE I (CITY RISK TRANSFERS TO CONTRACTOR), alternative B: TYPE II (NO TRANSFER OF RISK), alternative C: TYPE III (CONTRACTOR RISK TRANSFERS TO CITY), alternative D: TYPE IV (CONTRACTORS WHO CONTROL CITY PROPERTY), alternative E: TYPE V (DESIGN PROFESSIONAL TYPE SERVICES). 9.15 INSURANCE. 9.16 NOTICES. Any notice or demand to be given by one party to the other 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. I i 20 City of Vernon Workers' Compensation Claims Administration Request for Proposals If to the City: 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. 9.17 TERMINATION FOR CONVENIENCE (Without Cause). City may terminate this Contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written notice to Contractor. If the Contract is thus terminated by City for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause. 9.18 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Contract by written notice to the defaulting party. The notice shall specify the basis for the default. The Contract shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. 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 21 City of Vernon Workers' Compensation Claims Administration Request for Proposals service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. 9.19 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 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. 9.20 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. 9.21 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, 22 City of Vernon Workers' Compensation Claims Administration Request for Proposals 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 1'/2 times the basic rate of pay. 9.22 LIVING WAGES [AND PREVAILING WAGES WHERE APPLICABLEI. IF PREVAILING WAGES DOES NOT APPLY MAKE SURE TO REMOVE HIGHLIGHTED LANGUAGE BELOW PRIOR TO SUBMITTING FOR APPROVAL. Contractor, and any Subcontractor(s), shall comply with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit "D Upon the City's request, certified payroll records shall promptly be provided to the City. [FOR PUBLIC WORKS AND RELATED CONTRACTS THE FOLLOWING PROVISIONS MUST BE ADDED] The provisions of California Labor Code 1770, et seq., regarding the payment of prevailing wages on public works, and related regulations, apply to all City contracts. If Living Wage Provisions and Prevailing Wage provisions should both apply to this Contract, Contractor and all of its Subcontractors shall pay the higher of the applicable wages to the extent required by law. 9.23 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit "E". [Signatures Begin on Next Page]. 23 City of Vernon Workers' Compensation Claims Administration Request for Proposals 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: Mark Whitworth, City Administrator Name: Title: ATTEST: By: Name: Ana Barcia, Deputy City Clerk Title: APPROVED AS TO FORM: Hema Patel, City Attorney i 24 City of Vernon Workers' Compensation Claims Administration Request for Proposals EXHIBIT A REQUEST FOR PROPOSALS 25 City of Vernon Workers' Compensation Claims Administration Request for Proposals EXHIBIT B PROPOSAL 26 City of Vernon Workers' Compensation Claims Administration Request for Proposals EXHIBIT C SCHEDULE i i i 27 City of Vernon Workers' Compensation Claims Administration Request for Proposals 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. I i 28 City of Vernon Workers' Compensation Claims Administration Request for Proposals 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. 29 EXHIBIT B PROPOSAL I I i 16 .......... ..................................................... ATHENS m v_., , , �. 2. 3� II 1A Response to Request for Proposal for Workers' Compensation Claims Administration Services Prepared for City of Vernon Prepared by . .................. Third Party Administration of Workers' Compensation, Auto & General Liability Claims P.O. Box 696 Concord, CA 94522-0696 Michael Landa 909.621.9345 Office 909.451.1710 Cellular ATHEN ADMINISTRATORS Driven to Deliver +�` L00, Public Agency Solutions Athens Administrators offers public agencies an industry leading claims administration partner that is uniquely C11 Y 1* suited to address the specific challenges of claims administration within the po �l � public industry. Engaged and effective,we offer proven CENTER public entity claims administration exper` h a commitment to del'iver- tfse with ing superior, measurable results. Claims Adtr.. rvices ` 11, . 4444LLL„ ¢_u r t +� WWW.ATHENSADMIN.COM TARGETED SOLUTION ATHENS d ADMINISTRATORS CLAIMS ADMINISTRATION SERVICES r+ r 4r FOR PUBLIC AGENCIES _ - Athens Administrators provides public entities with g:G specialized solutions tailored to meet the unique servic needs of the industry. - • -r comprehensive • Understand Public Safety Officer Presumptions public agency cl• • Timely&Effective Administration of Labor Code 4850 Benefits management soluFons: • Stewardship: We provide high level program loss analysis. This information helps to deliver overall improved program results. Workers' Compensation • We develop specific claims programs and best practices o LiabilityClaims that are designed to satisfy our client's objectives. - Medical Bill Review • ATHENSScan: Our paperless operating environment which - SlUlinvestigation drives efficiencies and reduces claim administration costs. 0 Alternative Risk • ATHENSFocus: Our on-line analytic dashboard that gener- ates 'Board Ready"summary data for your liability or workers' for • wide varietyof •- compensation programs -Also,provides real time claim location geo mapping-Which Joint •• wer Authorities allows you to physically see where your claims are occurring. Self Insured InsuranceSelf • SOLUTIONS FOR RISING CLAIM COSTS: High Deductible • Proven total claim cost containment programs in place. Captive -Investigation,Medical Provider Network's,Pharmacy Benefit Management,Utilization Review and Medical Bill Review. • Ability to develop and oversee aggressive Return to Work programs. • Aggressive Litigation Management • Real time, on-line access to your liability and workers' compensation program claim data i Please visit our website for more information about the various public entity • 1 p y programs available to you: www.athensadmin.com -Lees 1 925.826.1103 Southem • Michael Land Landa 1 909.451.1710 1- info@athensadmin.com i Post Office Box .•. 1 Concord, 1696 V City of Vernon Confidential Table of Contents Tab Cover Letter Technical Response to the City of Vernon 2 Resumes of City of Vernon Team_______ City of Vernon Account Instructions 4 City of Vernon Sample Reports______..____ Athens Managed Care and AthensMPN Information Page-------------------------------6 City of Vernon Stewardship Report__ Price Proposal & Affidavit of Non-Collusion 8 Insert City of Vernon Care Card • Tab 1 '� • ATHENS October 2, 2014 Ms. Teresa McAllister Director of Human Resources City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Re: Workers' Compensation Third Party Administration Services—City of Vernon Dear Ms. McAllister: Athens Administrators is pleased to submit our proposal to provide workers' compensation claims administration to the City of Vernon. This process presents an outstanding opportunity to validate the existing partnership between the City of Vernon and Athens Administrators. Athens Administrators has served as the City's Third Party Claims Administrator since 2011. We are proud of the many milestones that we have achieved on the City's program. Our efforts, in conjunction with the City of Vernon, have delivered an extraordinary level of success. A few of the highlights that we have been able to achieve together are: • Closings - Since June 2011, Athens has been able to drive claims towards closure. Since that time, there has been a continuous decrease in the City's open indemnity claims by approximately 32%1 (Please see Tab 7—Stewardship Report) • Consistency for the City of Vernon — As noted in our response, your workers' compensation claims team has remained the same since the beginning of our partnership. We believe this shows our commitment of taking care of our employees, who in turn, take care of our clients with excellent results. Beyond looking back at results we are also working on progressive service offerings and approaches that will allow the City of Vernon to reach all new levels of success. These efforts include innovations such as interactive risk management dashboards and severity predictive modeling. As requested in your RFP, below is a list of subcontracted work for Athens Administrators Bill Review/PPO -Athens Managed Care (AMC) oversees our medical bill review vendor partner, Xerox/Comp IQ. We have developed a customized medical bill review program which has been embedded into our claims administration system. ,t x i Ih. "y r.:D .,. t: :i 0 O /"` i „i%i 8 .J5 yi \A -h' r I>a' (`f"�. r r r�r y } '{ s:.,r 3i ). � �7 )/i n'wr r� � , '�" ../ ..,1�, � r r /i`�,, i. 6. .� � Y 4 �� �r.l � z 1 '�.....`..1.S."l ..;, r �.' :..,.. .../, i. .. . ;rr., yr•../,ti :.i. •o.r//-':l r)fi i'-��Y :v) �/,..7.).r.) +� �r..3z� :"�.i.%1`r V� v f i ATHENS Medicare Set Aside - Medicare Set Aside services and Medicare Secondary Repo rting-services,are;_ < _> provided by Gould & Lamb, LLC. We will always work to deliver great results for your program. The deep institutional knowledge that the Athens team possesses will be essential to continuing success with the program. Your team is in place and eager to continue delivering the highest level of service and results for years to come. You have my full support and commitment that Athens Administrators will deliver as promised and I will always be available directly to respond to any problems or concerns you may have. As requested, our proposal shall remain valid for a period of ninety (90) days post-close of your RFP. Please feel free to contact me directly to discuss our proposal. I can be reached at (925) 826-1100 or email iienkins@athensadmin.com. Best Regards, 1041wl,�I<,lf' � James R. kinkins President Athens Administrators fi..x•S 'i i.'%". ;. `i ` i::C: {':i "i"Y 6 9 (.., f.:` 06`.. i..3 C t,.I f::., :d�!..,..:��:*.,;:'. ., ;....,�i. : .l..l, a:J.,fil {rift i .. .l',i...i.,i:f.,J• 1.,,91., i ,1^.i,l L'".l..i i�.J `,.., gi ill.'#82.3l..J 1 ATHENS October 2, 2014 Ms. Teresa McAllister Director of Human Resources City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Re: Workers' Compensation Third Party Administration Services—City of Vernon Dear Ms. McAllister: Athens Administrators is pleased to submit our proposal to provide workers' compensation claims administration to the City of Vernon. This process presents an outstanding opportunity to validate the existing partnership between the City of Vernon and Athens Administrators. Athens Administrators has served as the City's Third Party Claims Administrator since 2011. We are proud of the many milestones that we have achieved on the City's program. Our efforts, in conjunction with the City of Vernon, have delivered an extraordinary level of success. A few of the highlights that we have been able to achieve together are: • Closings - Since June 2011, Athens has been able to drive claims towards closure. Since that time, there has been a continuous decrease in the City's open indemnity claims by approximately 32%! (Please see Tab 7—Stewardship Repo, • Consistency for the City of Vernon — As noted in our response, your workers' compensation claims team has remained the same since the beginning of our partnership. We believe this shows our commitment of taking care of our employees, who in turn, take care of our clients with excellent results. Beyond looking back at results we are also working on progressive service offerings and approaches that will allow the City of Vernon to reach all new levels of success. These efforts include innovations such as interactive risk management dashboards and severity predictive modeling. As requested in your RFP, below is a list of subcontracted work for Athens Administrators Bill Review/PPO -Athens Managed Care (AMC) oversees our medical bill review vendor partner, Xerox/Comp IQ. We have developed a customized medical bill review program which has been embedded into our claims administration system. J..3:''l.r...:1 '1"1 f SP.O. BOX "Y -cS 1,). { .., .... `..f 9/, t��'-. .f� SS t.,,,.,_�i. ,,�..,..;�t.._„, t .., :.;�.i„ ;, r, 'ti....,'..>�..`..i. �.,i-t `f .ir1. ;:�1. �.. �ie-: kz, (,s�:...5,.,.s I Medicare Set Aside - Medicare Set Aside services and Medicare Secondary Reporting=services are:..; _._ t_. r; provided by Gould & Lamb, LLC. We will always work to deliver great results for your program. The deep institutional knowledge that the Athens team possesses will be essential to continuing success with the program. Your team is in place and eager to continue delivering the highest level of service and results for years to come. You have my full support and commitment that Athens Administrators will deliver as promised and I will always be available directly to respond to any problems or concerns you may have. As requested, our proposal shall remain valid for a period of ninety (90) days post-close of your RFP. Please feel free to contact me directly to discuss our proposal. I can be reached at (925) 826-1100 or email ienkins athensadmin.com. Best Regards, James R. .nkins President Athens Administrators ...,-,y-;�::- y7 '.!"')k �s.:l.., r' CiA; ;'} t';' 1"' iG;.. ?L1. ' �fj`•.;,.{`�;' i.,�i `Y�V,"�A A, t 0to, ' '.;. ",-.,,,rile � ,.;��•,..,:�)i?;), . _, 1 , -,��.r .,1`�;`., r r:...)f,�... r,.,,��. ..,I,:};:?:, ( .. , .. _ ......t.� )z�. (..,i._, ., Tab 2 '� Response to Request for Proposal —Third Party Administrative Services .......... City.of Vernon Athens Administrators—Organizational Information Athens Administrators is a third generation, family owned California based S Corporation business. In 1976 Athens Administrators was established and since that time we have been able to experience organic growth by providing exceptional claims administration services. We have three California offices throughout the state: • Irvine—The current and proposed office for the City of Vernon's workers' compensation program • Sacramento—The current and proposed office for the City of Vernon's liability program • Concord—Athens Administrators' corporate office. Today we have over 210 employees in our organization and 14,000 open claims encompassing $1.7 billion in total incurred. Our corporate contact information is: Athens Mailing Principal Owners Legal Name Address James Jenkins, President Athens Insurance Service, Athens Jim Jenkins, Owner Inc. Administrators 2552 Stanwell Drive d.b.a. Athens P.O. Box 696 Concord, CA 9520 Administrators Concord, CA 94522 925.826.1000 866.482.3535 Page 1 City of Vernon—claims administration services L Our Team The Athens Family of •-rs consists • ,lob Title Concord Sacramento Irvine Tratal� Assistant 32 A Examiner 66 Claims Supervisor ! Division .•` Total00 Below is a list of our primary 0 0 * . Ih-b-h.- 1 <4F Workers' Liability Claims Predictive Medical Bill Nurse Case Page 2 Compensation Administration Modeling Review Management & Claims Services Utilization Administration (Property & Review Services Casualty) • �! HFRIS VernonCity of claims -e, Below is a list of our coordinated services Oooro3n tod Services I B r ig: pr001d et MM n 'e,MO ! wvtks h� Transparency Statement - All ancillary services are provided on an as needed basis and assigned on a case-by-case basis of which any and all vendors would be pre-approved by the City of Vernon There are no required contracts of use between Athens Administrators and our Best-in-Class partnerships. We are a stable and independent company and are fully owned and operated by the Jenkins Family. We believe that being a privately held organization gives us a competitive advantage in the marketplace since it also allows us to focus solely on providing the highest level of customer services to our clients and their injured workers. While most of our competitors have focused on growth by mergers or acquisitions, Athens Administrators has been able to grow organically by providing exceptional claims administration services in a very flexible environment. During the past six years, Athens has been able to achieve a 99% client retention rate, with exceptional customer service ratings as well. In addition to our 36 years of claims administration experience, we have also had the privilege of being nominated as one of the Best Places to Work six out the past seven years that we have participated in this survey, with this past year having the best ranking yet of 13 out of 100 similar sized companies! We believe that this shows our commitment to not only providing exceptional service to our client-partners, but to our employees as well. Since the development of our partnership the City of Vernon has been able to benefit from our years of experience in handling public entity workers' compens'Aion claims in a cost effective manner. Below is just a partial list of our public entity clients: Page 3 City of Vernon—claims administration services CONFIDENTIAL Partial Client List Client Name &Years As A Partner LC 48 Ed _,$O Presumption Code !x re Exposures E!pqsute ASCIP -Valley Insurance Program—5 Years X Bay Area Housing Authority RMA—6 Years Bay Area Rapid Transit (BART)—8 Years X X CCFD (Central County Fire Dept)—4 Years X X City of Beverly Hills—3 Years X X City of Borrego Springs Fire—4 Years X X Towne of Corte Madera— 16 Years X X City of Mountain View—4 Years X X City of Novato—Fire—6 Years X City of Redwood City—5 Years X X East Bay Municipal Utility District—6 Years X X Fire Agencies Self Insurance System— 19 Years X X Long Beach Public Transportation Company— 3 Years Placentia-Yorba Linda Unified School District— X 5 Years San Jose Unified School District—6 Years X Santa Cruz Metro—4 Years X Temecula Valley Unified School District—2 X Years City of San Jose** - I Year (July 2014) X "The City of San Jose was a self-administered City prior to AthensAdnnini3trG1DrS handling their risk management program. Safety Personnel Experience for the City ofVernon Athens Administrators has 8 t[erD8Dd0Us @n0OUOt of experience in handling claims for public entities, which dO86 include the administration Of iD'O[iGs involving public safety personnel. Our extensive knowledge and history Qf administering Labor Code 405O benefits mandates that we have a high level communication betvv88D your Claims Examiner and the City of Vernon. Having a consistent flow of communication ensures the proper payment and documentation of these benefits with both the City and Athens Administrators. This also helps t0 create 8level of trust of with the injured worker which may ultimately help |Ovv8r UdgadOO UO your risk management program. In addition to Understanding Labor Code 4850 benefits, Public Safety claims might also involve Labor Code presumptions which need to be reviewed On 8 C|8ino'by-c|8inn basis. After careful review of the injury, and through collaboration with the client-partner, Athens Administrators ' Page City of Vernon—claims administration services � will continue to develop a plan to either accept or further investigate Labor Code presumptions on all Public Safety files with the input from the City of Burlingame. Our goals are simple for these types of claims: • TO provide timely and adequate benefits for your Public Safety personnel, and • To protect public funds by investigating and defending our public entity partners, even when Labor Code presumptions might beinvolved. Understanding of City of Vernon's Required Scope of Services Athens Administrators has been privileged to be the risk R0aDag8[D8Ot partner for the City of Vernon since January 1, 2011. During that time we believe we have been able to provide exceptional ClGinl5 administration services while either meeting Or exceeding the requirements Of your Scope OfServices. This includes: • Consistency of your team — Since 2011' your claims team remains intact. We believe that ifvve treat our employees Well, they in turn, will treat you well. • Case C|osurma — VVe have always had a culture at Athens Administrators to focus on timely closures. The City of Vernon has been able to benefit from this culture 85 noted b8|Ovv: o 9996of the Medical Only claims are closed within lyear * 100Y6 of the Medical Only C|@inlS C|O58d within 2 years o 70.996 of the Indemnity C|3|rns are C|0Sed within I year o 79.7% of the Indemnity claims are closed within 2 years o 85.2Y6 of the Indemnity claims are closed within 3 years • Lower UmvemtQry — With the success that we have been able to achieve on closing the City's files, this has triggered a 32% lower inventory for the City of Vernon. As of Open Indemnity Open Medical Only alms Claims Claims Response to Scope of Services TO comply with the requirements nf this RFP, below VVe have provided responses for each of the required services put forth by the City of Vernon. l. Designation of Ooirns Service Coordinator to ensure that superior claims service is being performed. Page Although wework as@ collaborative team, the City of Vernon's designated Claims Service Coordinator (4cCQVnt Manager) will continue to be our Executive Vice President, Michael Landa. The resume for Michael LGndG can b8 found inTp4 3�J�ppMes of 9. -VOWN 2. Dedicated Claims Adjusters and a Claims Supervisor shall be assigned to the City's account. The current claims administration team for both the workers' compensation and liability programs will continue to b8 assigned to the Cih/S program. They are: • Mr. Gregory Ramirez-VVnrhers' Compensation Claims Supervisor w Mr. Jose E|izG|de-Senior Workers' Compensation Claims Examiner • Ms. Bonnie Carlson-Liability Claims Supervisor • K8S. Anne Soon-Senior Liability Claims Examiner. The re5Un083 for these individuals can be found in TA 3 - Resumes of City of Vernon's Team. 3. Claims Administrator shall contact the Human Resources Director prior to settlement discussions of any claim. Athens Administrators will continue to ensure that the Claims Examiner contacts the HUrDGn Resources director prior tVthe settlement of any claims. This requirement shall continue to be listed in your customized Account Instructions. ANN. Iffil ' �u �a 1tyo. ver 4. Reserve consultation level of $SO,000. Claims Administrator to contact client when setting initial reserves and/or changing existing reserves in the amount of$50,000 or more. Athens Administrators will continue to comply with this requirement. 5. Claim status reports for all open claims shall be provided to the City on 90 day intervals. Athens Administrators will continue to comply with this requirement. 6. Quarterly claim review meetings to be conducted with City staff for all open files with total incurred reserves of$l0,OODormore. Athens Administrators will continue to comply with this requirement and VVO[k collaboratively with the City to [eV|8VV open files with incurred reserves Of$lO/O0O Or more. We will also continue to review claims that may not meet the $10,000thr8Sho|d but may be sensitive innature. Page City ofVemon-doimsodminbtrationscmice � 7. Claims Administrator will contact City prior to initiating any investigation or surveillance activities. Athens Administrators will not initiate any investigation(s) or surveillance prior to obtaining authorization from the City. 8. Claims Administrator will be responsible for reporting claims to worker's compensation excess carriers in accordance with policy provisions. !Upon notice or knowledge of any serious injury, illness, exposure or catastrophic claim, Athens Administrators will continue to immediately notify the City of Vernon of these injuries, but also report these losses to your excess carrier to protect the City's ability to obtain reimbursement for these potential high-valued claims. 9. Claims Administrator will allow the City or its designee the ability to audit any paper claim file. The amount of paper claims reviewed is unlimited. Athens Administrators will allow the City to audit any file(s) they deem necessary. Currently the City of Vernon has full access to our claims system which allows them to see the following: • Claim notes • Claim detail • Financials (payments and reserves) • Letters • Scanned documents Additionally our claims administration program (SIMS) allows the client to clearly see the most-recent plan of action on the initial 'landing page' when a claim is selected. Along with the plan of action, the employer has the ability to see an incredible amount of claim data within seconds. Page 7 City of Vernon—claims administration services • ::..�, cldrx]Rumffer Claimant /�aimeM Rddrass .`,:tdan tray Renew" .Insurer �3;;.riAdrrt,9§iraslralGiA_zx i Teat,kiicf eel 4rt)e, re.v:� '28 A1✓r.�!ratrxs 7.aa1 LossDaie r NcmePhone ret G;=.�=-_313; iiG;i14�7 i Td'ryNumber r�>3��E;F Dazarznea !Type tYm7r 3fiene: a'139.Rt}9 Er3ecti'se Ew. C3lG MI'l tledi�al Onry Cali Naatte i 7erminaGon fYate i't7 332C:1 Edaminer $"Lit(`• Is1auSF!sr i PJ9aft i Gadusflhfe £G,GL Amens Adre:il'd—Test tr;�: $fl - Limifs Sot Sfatua V,rRJf4S 1"J—ol.y Takai> -.a..-" .., «,.... rg. CFeF Jurisdiction p je k.G land vmm�>#wnnva. !rsu,:�r Rr=a ;program :Ynens adrssai;'atcrrs-leer : GW.mis. .. .. .. .:.. ,. ,...._........ ......._,I BirfFda3e r.6iu`;;35E-�' ......... ...... .. ... .. .... .. Prc9ram Yedr UWA SuMmer9 ;Hire date P:1U933@9' Pending E3fecnve Dale +ycta eaat� �. Paid Payment Reserve lacurred �y .lob Desarlpa,m FsaEE '.lfER.•z xt4.rzA seta N,01.ac 52 r n .i rm 3,on 6A3 , flajersaa 04eaiure EAgli:te fi - kEa. S74i A5 £ta.DY 2T4c,t27&-C Yt:b 4 _________. .... ,~.1 i. mentx., v�.A pmS— .. ,,,,, _„_,,,....,,......,,,,�,.,,,,,,,,, E-"a-c 9E65 Na KLMt S115.16 i'Db $57ff S U 1.i le— An— AIM, to M sk 4U MN PO4.?Number 711199M, .. �i Lnasi�wfa a€tt�?:'S�'S 7OTAts £171AVII £d t':@ £577.:.}.,+D £>7 St7 L0 ErleUil'e Betio .3.L113!tM: > Cf#13ACSd,. iitigalion i L'e1as Llare 1'MWs .z-acer.s St)...a Tarminahren EhxYe . [1e f>.are YEi"a2'^Gr1 Rttac ES RS�c[f3aMefiaae D2S'G.h"e:3Ft •-• - � *dCL2.,#"ag a3 Mtn e.,k,d'�Dv'erY',!urr#.rFn/ard l9t'�b- , ,✓ 'fin ..., Lene{i U— R'S_is e.Ga'�d3iz�T,ef: AtlIC9i,... i. 5uFiragahen .'*. t 4 eu'k+e ssa�tytf «+rar�sa s'rr%5>i..3's11sY. ad i3-d=1eim saaC ir�d vsta'x Leexetl Ndette [ r'airus �,,,,. . s� ete*re6u ><=Cwkt+r 2A �i v4e.s c:,s s-d c;s�frea s,+d au dests�Xa. zi°wee Catr!s 'Lexellrtame -drxstr?croymafx:n. Euf—fi3ed"-1 w ze-0 Vi waz+:eee Y.di,.e dcu ias rr'r,ea-_"a'nr:ffirdce-,.'a nb—k'a3 fir Leaei4 N�re tEi4t {,re 411 14,At fre ca•e'av rahT•:tf .GcaI uese ar?is-4 d R pt3 aSng P i .FF Leve arree lG,:d!£.Ax reMr(Q6>n$•e"arca3ar :.............ifr N............. ..................... ..... __................. P.adX PatA ktaa f r•TiY az¢h reslrn9Nz j Ndrure Dr-lst"g I [text Diary D:'fC9Ycei•d Cause 3E3:P.�rGn i et'S�.raYc E ExvemBs j The—k—.ccd h2;0cmey. I . (aetision Ddte C6"i5i[&+6 'fig` 3gs3 nwcwrvn CFannrs A]H]fitf:d .� .. .... .. ... . . .. 10. The City will designate Defense Counsel for all litigated claims and take into consideration recommendations from the Claims Administrator. As noted in our customized Account Instructions for the City of Vernon, the city will continue to designate Defense Counsel for all litigated claims. 11. Claims Administrator will allow the City or its designee to designate a Pharmacy Benefits Management program. The City of Vernon currently uses Cypress Healthcare for their Pharmacy Benefits Management program, although if the City would like to utilize another partner, we would be willing to work with that new partner. 12. The City of Vernon reserves its right to unbundle any medical management services during the contract period without pricing impact, to include network access. While we believe that Athens Managed Care Inc. (AMCI) has been providing exceptional services for the City, we would be open to utilizing any medical management partner that the City desires for their nurse case management/utilization review program. The minimum requirements for claims reporting are identified below: Page s City of Vernon—claims administration services 1. Monthly loss run reports 2. Payment registers—weekly 3. Loss run summaries by department—quarterly 4. Loss run detail reports by department and division —quarterly 5. New claims received —monthly 6. Monthly and cumulative claim service fees itemization 7. Ability to run claim status reports online 8. Ad hoc reporting capabilities 9. Reports pre-formatted as requested by City 10. Triangulation reports as required for financial reporting purposes 11. On-line access to the claims system for three (3) users from the City 12. Ability to import and export reports into Excel The consultant or the City may propose additional tasks as deemed necessary to complete the assignment. Any additional work shall be compensated as agreed upon in the consultant's contract with the City. Our web based system, provides convenience and access to real-tirrie and "point in time" financials for generating customized Ad Hoc reports, multiple program reports for data downloads and monthly loss reports which can be exported into other applications such as pdf or excel. Types of reports that can be exported out of our SIMS system are: • Claim Summary • Examiner notes • Detailed payment information • Detail Transaction • Billing Information The City of Vernon also has access to Athens' state—of-the-art claims management system SIMS. It is a uniquely flexible system that includes a complete document management system that is embedded in the claims system. Access to our claims administration system is included in our pricing. Below are just a few screen shots of the information that is currently available to the City of Vernon on their program. Page 9 City of Vernon--claims administration services • ■ Aftivs Focus CUM AMV�.ty,• r_77 Athens Focus Financiat Summary S--�Fa The P-11,11,Medial G1,11P hw. Summary F., The NI.—hledlA Group 1- .............................- MM.N—1-ct�. in ri Kx,-ix.......... rY 4 ................... ............. own...........17,,W, .............1.11 .;;1 . .............. MIEM .......... 14 ro: an UP=......... Lastly, we have also provided partial view reports (to protect the privacy of your injured workers) that the City of Vernon is currently receiving on their program. These reports can be found in Tab 5—City of Vernon Sample Rep t . References CONFIDENTIAL INFORMATION Description of Services Cost and Duration of the 'Firm's C,11 e nt Provided Contract Business Workers' Compensation Greater than $200,000. Public Agency City of Beverly Hills Claims Administration and Client since 2012 Bill Review Services Workers'-Compensation Greater than $5,000,000 over Transit System Bay Area Rapid Claims Administration and life of contract. Client since Transit District Bill Review Services 2005 (BART) Workers' Compensation Greater than $5,000,000 over Fire Districts Fire Agencies Self Claims Administration and the life of the contract. Client Bill Review Services since 1998. Insurance System Workers' Compensation Greater than $5,000,000 over Public Agency City of Mountain Claims Administration and the life of the contract. Client Bill Review Services since 2010 View Page to .9 City of Vernon—claims administration services The City of Vernon Team—Consistency Creates Stability Athens Administrators believes that the consistency of your assigned claims team maintains our message of creating an exceptional work environment for our employees. As noted above in our response, the workers' compensation and liability teams assigned to the City of Vernon account have remained intact since the development of our relationship in 2011. By keeping the risk management partnership in place Athens Administrators, this will continue to allow the City of Vernon to have exceptional claims results on their program. More importantly, there are not transitional delays for your program. Your team is in place and ready to go on day one! Tab 3—Reswroos, of City of Vernon's Team Below are organizational charts for both of the City's programs. Workers' Compensation Unit .. ......... James Jenkins President Linda Slaughter Michael Landa Chief Claims Officer EVP—Account Management&Business Development Heather Hornbrook EVP—Workers'Cqrnoensation Doug Gibb Division,Cialms'Manqer Greg Ramirez Workers'Compensation Claims Supervisor Jose Elizalcle Senior Workers'compensation Claims Examiner .. .. ........ ............................................... ................... ...... Page 11 ■ +✓ity of Vernon—claims administration services • Liability Unit James Jenkins i President f I l Linda Slaughter Michael Landa Chief Claims Officer EVP—Account Management&Business Development Vance Root EVP—Liability Bonnie Carlson Liability Claims Supervisor Anne Soon Senior Liability Claims Examiner Page 12 City of Vernon—claims administration services _ Claim Reportingfor the City of Vernon AsCreen Shot has been pn}V|d8d below that 3hOVV3 our partial ClginO3 intake script for the City of Vernon. All Of the claim intake information is easily found on our VVebSite at through the Report A New Claim portal. All claims reported through our xvebsit8 are easily set Upin our claims system within 4Qhours. Mots r, Anjury'm.rm;ttion 'Todi Pon If ��Location CmmuCord—CitymfVermom In addition to contacting the City of Vernon, the injured worker, and the medical provider within 24 hours of the receipt of the C|Gino, Athens Administrators also issues all City of Vernon injured employees customized note "care" card that expresses concern, acknowledges receipt of the Cl8irO and advises the injured employee of the names, toll-free phone number and extensions, of their s8OiO[ claims examiner and claim assistant. A copy of our °C@[e" card can be seen below. VVe have also provided you with a copy which can be found inthe JKOur pmge23 _ s 482-3535 CLAIMS ADJUSTER IZALDE R.. ............... T. .,`. ... We are sorry to hear of your injury and wish you a quickPhone: road to recovery. Athens Administrators will be handling your claim.Our staff will constantly strive ADJUSTERASSISTANT CLAIMS to help you in any way we can_Please feel tree to call us whenever we can be JEANETTE ` of further assistance. for OFFICE • 1 P.O. Box 696 Concord Continuing Education for Your Team All new hires are provided with a complete orientation package along with training which includes basic employment information, benefit programs and policies. In addition each new claim staff is provided with training on the claims management and related systems. Individual account instructions are also provided and reviewed. Athens also recognizes that in order to ensure compliance with workers' compensation laws, regulations and statutes it is imperative to maintain a high level of continuing education and training in order to keep up with legislative, legal, and regulatory changes in our industry. We conduct training on a regular basis in the areas of reform, legislative changes, subrogation, fraud, medical management, reserving, strategic negotiations and other key training areas within our Best Practices Performance Standards. We also pay for our examiners and assistants to complete their IEA certificate, the Self-Insured Administrators test and give a bonus to those employees who pass. We pay for outside seminars and conferences and provide the staff with frequent in-house educational presentations. Partial List of Recent Mandatory Training Sessions: Partial List of Administrators 4850, Presumptions, and Disability Retirement Affirmative Defenses SB 863—What You Need to Know Managing Brain Injuries RSP Training Second Opinion Spinal Surgeries & PD in/decrease Page 14 City of Vernon—claims administration services v Partial List of Training Classes at Athens Administrators TD/Wage Loss/ Earnings Training Obesity and Workers' Comp Answers to Your Top Ten Burning WC Questior 3-point contact/Reserving Working With Your Special Investigations Unit Coverage, Coding, Documentation and Medicare Understanding the Pharmacology of Chronic Pi Orthopedic Injuries TENS Units— DME Subrogation Athens In-House Training-Settlements/Legal Lost Economic Opportunities, Payments, Updates; Subrogation; Benefit Notices Recoveries, Subrogation and Disability Management Lien Negotiations Pinpointing and Prosecuting Fraud Athens Administrators is committed to continued training for the ataff. Our policy is to provide the training required for each examiner to maintain their Adjuster Designation. We 2n5Wn8 that each examiner receives the required 30 hours Of continuing education. Fimancim| Security—PnmtectionmfPub|ic Funds Prior to printing the checks, the payments are listed on 8 daily log that is reviewed and approved by two supervisors. This log enables the supervisors to review all payments prior to printing. In addition to the daily log, each user has their own payment batch list for review. Athens Administrators utilizes |3S8r check printing technology to issue daily vv0[herS^ compensation benefit checks. All payments are entered and processed through the claims management system. A Supervisor must enter payments over $10,000 A Division Manager must enter payments over $25,000. The Chief Operations Officer nnUSt enter payments oVer $5O,D8D. Payments can be entered manually or imported through electronic interfaces. Once payments are entered, Athens' finance department performs the payment processing. This process is the final approval process before checks are actually printed. The system reviews each payment for adequate reserves, authority |ev8|S and duplicate payments one last time and sets the payments ina status ready toprint. Reserving Philosophy Claim reserves reflect the probable ultimate C06t of the Cl8iDl. Reserve estimates are not determined by fOrD1U|GG, but, rather, are based On current information in the file including medical reports, current and anticipated medical treatment, and periods 0fdisability, disputed ' Puge2S or litigated issues, and 8ddhdOn3| areas ofinvestigation. Medical reserves are based On current information in the file and anticipated future medical treatment. After Gclaim has been settled with 3 future nnediC8| award, future medical reserves are calculated based on 8 three-year average and the injured VVOrker's life expectancy. The d@|nn supervisor must approve any reserve change over $20,000. Management rnU5L approve all reserves over $I00,000. Reserves are reviewed no less frequently than every9D days and an explanation Of any changes is entered into the claim notepads. Additionally, atthe request Of the client, we notify the client Of any reserve changes that 8nC88d @ specified anonUOt. Athens Administrators is a S/\570 || compliant organization which tests the security of the items listed above, as well as other financial systems within our organization. Although no security breaches were identified, vVewould be happy to provide @ copy of this report to the City upon request for their review. Disaster Recovery Plan 1. Athens maintains m secondary data center in Virginia to act as our back up data center inthe event of a severe malfunction of services in its primary data center in Chicago. Additionally, we have atert|ary back Up site in Sacramento which can be activated iD the case Of Business Continuity Planning (8CP). 2. Replication Manager: Traditional resiliency solutions often require you to manually recover your data, making for an unreliable, drne'COnsUnOing and complex recovery process. The Athens Replication Manager service utilizes VK8xvare� VCent8r T= Site Recovery Manager TM /SRK4\ and works in concert with the Data Center's Array-based Replication to deliver fast, reliable recovery thanks to automated processes and non-disruptive testing. The combination ofSRM and Array-based Replication helps us protect your critical data. It also allows us to group VK43 based On dependencies and prioritize their recovery in order to meet your RP[) and RTOtargets. 3. Virtual Machines (VM) replication: Our VM Replication solution allows you to easily replicate selected VK4s 8crDS5 data centers. It's @ cost-effective resiliency tool that provides geographic redundancy and helps you protect and recover VK4s when disaster strikes. Below is a visual description of how our VM Replication works and operates. Poge26 � OtyofVcrnon—c/oinxndm/nistrotionserxices T ab 3 i ....I-P Linda Slaughter Chief Claims Officer EXPERIENCE Linda joined Athens Administrators in 1979 from Aetna Casualty& Surety Company. At Athens, Linda devotes all of her time to the management of our claims operations, including the ultimate oversight of high profile claims, staff training and continuing education, regulatory compliance, quality assurance and audit performance, and executive management oversight of our information systems. Linda has served on several DWC advisory committees and the committee that writes and updates the Office of Self Insurance Plans' Administrators certification examination. She frequently speaks at industry events and public hearings. RESPONSIBILITIES AT ATHENS • Provides executive oversight of the claims operation • Manages compliance, audit, and quality within the organization • Provides executive oversight of claims systems, data integrity, and information systems • Represents Athens within the claims community and industry • Assists the President in monitoring the success of the program CERTIFICATIONS OR DESIGNATIONS • Self-Insurance Plans Certificate • Associate in Risk Management EDUCATION Bachelor of Arts in Psychology University of California, Riverside ATHENS Douglas Gibb Divislon Claims Manage, EXPERIENCE Doug has been in the Workers' Compensation industry since 2001 with experience administering Workers' Compensation claims for both private and public accounts. RESPONSIBILITIES AT ATHENS • Manage the employers' requirements • Oversee the account management functions • Manage the staff that will be assigned to the account CERTIFICATIONS OR DESIGNATIONS • State-Certified Self-Insurance Administrator EDUCATION Bachelor of Arts degree in History Chapman University Master of Arts degree in History California State University, Fullerton Greg Ramirez C/a'Ms SUpervisor EXPERIENCE Gregory has been in the Workers' Compensation industry administering claims since 1997. RESPONSIBILITIES AT ATHENS • Provides daily oversight of the client's program • Works directly with examiner and assistants to insure Scope of Work is followed • Does not carry a caseload CERTIFICATIONS OR DESIGNATIONS • State-Certified Self-Insurance Administrator *. w He roTup� .U���� "° ~°^^~~ Elizalde Senior Claims Examine EXPERIENCE Jose has been in the Workers' Compensation industry since 2003. Jose has direct experience with processing claims, implementing policy and ensuring compliance in Workers' Compensation with both private and public sector accounts. He has extensive knowledge in the public sector arena which includes the administration of civilian claims for various cities and counties, and also includes the oversight and payment of LC 4850 Benefits. Jose io also fluent inSpanish. Athens Administrators, Irvine CA January 2O11 —present Senior Claims Examiner—LC4850Benefits Client- City VfVernon Police, Fire &non'owmn/personnel. Client-4ttaopnognyons, U0ooCuopunion &Republic ° Responsible for the management of a significant caseload of injured worker files and maintain consistent delivery of quality claim services ° Process all workers' compensation claims determining compensability and issue benefits on indemnity claims ° Monitor reserve accuracy ° File documentation with appropriate state agency ° Eva|usde, investigate and resolve claim ° Develop plan of action to resolve claims and manage return to work efforts as early as possible ° Consistent direct communication with attorneys and injured workers Maintain pno8*oeiono| relationship with client. Perform periodic claim reviews with the City ofVernon |ntercane Insurance Services, Santa Ana, CA 2OD5-3O10 Senior Claims Examiner—Salary Continuation Benefits(May 20Y0—present) {Jient—LooAngeleuCounh/SupariorCnud Claims Examiner-LC4850 Benefits(June 2006—May 28fD) Client—Los Angeles County Fire Department Claims Assistant—Salary Continuation Benefits(June 20U5—May 20O0 ° Responsible for reporting to Senior Claims Examiner with a case load up of 180 files ° Set up new injured worker claims for Los Angeles County Superior Court ° Prepared and issue benefit notices boclaimants • Completed daily diary notes on open cases • Prepared litigation files • Managed daily communication with claimants, doctors and lawyers Tristar Risk Management, Irvine, CA 2003—2005 Claims Assistant-LC4850 Benefits(November 2004—June 2005) • Solely responsible for up to 140 Medical Only Claims • Assisted two Senior Examiners in all aspects of workers' compensation claims • Performed all duties associated with an Assistant for Los Angeles County Sheriff's Department File Clerk(December 2003—October 2004) • Responsible for telephone operations of main company reception area • Handled incoming and outgoing mail services • Indexed and distributed incoming mail to appropriate adjusters • Distributed correspondence into appropriate client files • Assisted examiners with pull-file requests RESPONSIBILITIES AT ATHENS • Account's day-to-day client contact regarding file administration • Is in constant communication with the injured worker, doctor, and client • Provides proactive claims management of individual claims CERTIFICATIONS OR DESIGNATIONS • State-Certified Self-Insurance Plans Administrator • Insurance Education Association Certificate �: :;._ , Bonnie Carlson Property and Cascealty Supervisor EXPERIENCE Bonnie has over thirty years of experience in insurance claims administration specifically handling claims for both private and public accounts. She presently manages eight examiners and two assistant examiners. RESPONSIBILITIES AT ATHENS • Manage the Property&Casualty team which consists of multi-line examiners ranging from Sr. Claims Examiners to Subrogation Technicians • Develop and monitor individual learning plans specific to each claims examiner • Provide claim reviews and reports to Program • Follow key indicators to identify trends, forecast short and long organizational trends • Identify training opportunities and create processes to increase efficiency towards improving claims • Develop positive relationships with claims partners through communications and regular contact • Establish communication forum with partners to address claims process CERTIFICATIONS OR DESIGNATIONS • Chartered Property Casualty Underwriter designation & ATHENS IIIL MHENS ,N. � M .4G I^ .., ....s...;.., ... Anne Soon Senior Claims Examiner EXPERIENCE Anne Soon has over fifteen years of experience administering Liability claims. Specifically, she has handled auto and general liability claims for carriers, as well as commercial and personal lines litigated files with values up to $1,000,000. She is currently licensed in 20 states. RESPONSIBILITIES AT ATHENS • Analyze, investigate, and negotiate claims in compliance with established standards and expectations • Review claim loss reports and ensure that optimal claims handling procedures are in place • Evaluate and establish reserves throughout the life of the claim • Maintain awareness of existing and proposed legislation, court decisions and emerging trends in claims litigation • Work closely with insureds to identify the needs of their program CERTIFICATIONS OR DESIGNATIONS • Licensed in twenty states throughout the United States o Alabama, Arizona, California, Connecticut, Delaware, Georgia, Florida, Indiana, Kentucky, Louisiana, Minnesota, New Hampshire, New York, North Carolina, Rhode Island, South Carolina, Texas, Vermont, Washington, and Wyoming EDUCATION Bachelor's of Arts Degree in English UC Davis, California High School Diploma Williams, California 1 r � THENS . .. Michael Landa Executive Vice President, Account Management& Business Development EXPERIENCE Michael has over 24 years of extensive knowledge at all levels of claims administration, including claims examining, supervision, branch management and most recently, as Vice President of Claims Operations for a national third party administrator. RESPONSIBILITIES AT ATHENS • Development and oversight of new business opportunities • Responsible for improving and maintaining long-term high customer satisfaction. • Assists and oversees the coordination of the new business implementation process • Development and management of strategic business relationships • Lead in the development of corporate growth strategies • Ability to clearly discuss Workers'Compensation and Property and Casualty claim administration CERTIFICATIONS OR DESIGNATIONS • Self-Insurance Plans Certificate • WCCP Certificate EDUCATION Bachelor of Arts in Business Administration Emphasis in Organizational Behavior California State University- San Bernardino, California Tab 4 '� • ATHENS City of Vernon Special Claims Handling Instructions CONTACT: Teresa McAllister City of Vernon Director of Human Resources 4305 Santa Fe Avenue Vernon, CA 90058 Phone: (323)583-8811 ext.239 E-mail: tmcallister@ci.vernon.ca.us Karina Rueda City of Vernon Department Secretary 4305 Santa Fe Avenue Vernon,CA 90058 Phone: (323)583-8811 ext. 325 E-mail: Krueda@ci.vernoil.ca.us CASELOADS: • Assistant handles the Medical Only Claims • Supervisor does not carry a caseload ( CLAIM FILE SET UP: • Examine all reported Claims including incidents which have been reported as potential claims • Set up all files in the system within three(3)working days DIARIES AND CLAIM REVIEWS: • All active claims must be reviewed every forty-five(45)days and will include a plan of action • Future Medical Award claims must be reviewed every six(6)months • Supervisor will run a monthly report identifying any files off diary EMPLOYER CONTACT: • Contact will be made with the employer within one(1)business day of receipt of the claim and documented in the notepad • Contact will be made with the employer within two(2)business days of receipt of a medical only claim and documented in the notepad EMPLOYEE CONTACT: • Contact with the employee will be made within one(1)business day of receipt of the claim and documented in the notepad • Contact with the employee will be made within two(2)business days of receipt of a medical only claim and documented in the notepad MEDICAL CONTACT: • Contact with the medical provider will be made within one(1)business day of receipt of the claim and documented in the notepad a. • • Contact with the medical provider will be made within two(2)business days of receipt of a medical only claim and documented in the notepad COMPENSABILITY: • Determination whether to accept, delay or deny a claim will be made within five(5)working days of receipt of the claim REPORTING: • When a claim reaches an incurred value of$50,000.00 or more and/or has paid litigation expense of$10,000.00 or more,a large loss report will be sent via email to Teresa and Karina within 30 calendar days of determining the existence of a Large Claim. Updated reports will be necessary on a Quarterly basis or upon a significant event,whichever is sooner.The report will be completed on the Large Loss form and must be approved by Athens Management before sending. • A Large Loss report also is required in the event of a catastrophic loss—Refer to the list of catastrophic losses later in these instructions DEFENSE COUNSEL: • Coordinate a proper defense with counsel selected by City of Vernon as follows: Doug Felchlin Hayford&Felchlin 3055 Wilshire Boulevard Suite 750 Los Angeles, CA 90010-1108 dfelchlin2@hey-fel.com • Athens is to obtain and document City of Vernon written authority prior to referring claim out to defense attorney. E-mail request should be sent to Teresa and Karina. Written approval must be received from the City prior to referral going out • Manage all litigated claims according to a litigation plan developed by the TPA • The TPA shall provide City of Vernon with a pre-trial report sixty(60)calendar days prior to any scheduled trial date,if sufficient notice is received from the WCAB to meet this timeline INVESTIGATION: • All investigations will be referred to RJN Investigators • Athens is to obtain and document City of Vernon written authority prior to referring claim out for investigation. E-mail request should be sent to Teresa and Karina. Written approval must be received from Teresa prior to referral going out • All SIU will be referred to Frasco Investigative Services MEDICAL MANAGEMENT • There is no MPN at this time. Client is considering MPN through MEDEX. • NCM/TCM will be through Professional Dynamics • Athens is to obtain and document City of Vernon written authority prior to referring claim out for TCM or FCM.E-mail request should be sent to Teresa and Karina. Written approval must be received from Teresa prior to referral going out • DME is to be handled through Orange Coast Medical. • .. :A. U .. E CHECK ISSUANCE/FUNDING: • The City of Vernon set up bank account. The supervisor or adjuster for Athens will need to contact the City of Vernon directly for stop payments,cashed check verification. Contact information as follows: City of Vernon Joaquin Leon Deputy City Treasurer Phone: (323)583-8811 ext. 365 ileon@ci.vernon.ca.us • Athens Administrators is to obtain City of Vernon written authority prior to making any payment in excess of$25,000.00. • Any credits or recoveries will be deposited to the account or may be refunded to City of Vernon upon request CLAIMS AUTHORITY AND REPORTING SUMMARY ■ Claims will be administered in the Irvine location for Athens Administrators ■ Claim Manager: Doug Gibb Division Claims Manager ■ Athens Administrators to obtain City of Vernon written authority prior to setting aggregate reserves per occurrence in excess of$50,000.00 and increments of$50,000.00 or more. ■ Athens Administrators to obtain City of Vernon written authority prior to settling claims per claimant in excess of$0.00. ■ Athens Administrators to report catastrophic losses as outlined in the Claim Administration Agreement as follows: Fatality Paraplegia Quadriplegia Serious burns Brain injuries resulting in impairment of physical functions Spinal injuries resulting in partial or total paralysis of upper or lower extremities Amputation of a major extremity Incidents involving serious injury to two(2)or more employees All other injuries likely to result in a permanent disability rate of 50%or more Injuries resulting in total disability of 18 months or more Loss of sight of one or both eyes, or other sensory loss Major scarring Injuries with significant psychoneurotic involvement Multiple fractures—involving more than one member or non-union Brachial plexus nerve damage(nerve damage causing paralysis and loss of sensation in arm and hand) Massive internal injuries affecting body organs Employer's liability Any allegation of rape, assault, or sexual abuse or molestation ■ Athens Administrators to obtain City of Vernon written authority on all claims that allege bad faith,breach or duty or unfair claim practices on the part of Company or TPA • ■ ATHENS Athens Administrators to obtain City of Vernon written authority prior to denying coverage/compensability for a claim: No, but a written notification must be sent to Teresa and Karina at the time of the denial advising of such and the reason. ■ Athens Administrators to obtain City of Vernon written authority prior to denying liability for a claim: No,but a written notification must be sent to Teresa and Karina at the time of the denial advising of such and the reason. ■ Athens Administrators to report claims involving allegations and/or a lawsuit instituted against the TPA,any vendor used by the TPA and/or the Company involving any alleged misconduct or negligence by the TPA,its vendors or the Company including,without limitation,allegations of bad faith claim handling or extra-contractual exposure: YES ■ Other reporting requirements: None ■ TPA to provide Claims Cost Detail and Financial Location Summary reports on all open and closed claims: Yes, monthly. City of Vernon will provide sample reports that they will need. ■ Claim reviews and audits will be coordinated between the client contact and the claims manager 30 days in advance of the date. 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V 69 M 69 69 £A OI O � � O O O N N N � N .-i N-� •� O r O h � @ M N M 1 N O ` O Q. .�D o0 00 op o0 . 00 . o0 .00 O� � a � M Vl Vl Vl M F ,e ❑ W d Q d Q d d d d d d d d d Jill d .W a o U 3 0 0 k w u 0 � A � W � W U ti aN 00 00 00 00 00 00 00 00 00 Op 00 OO 00 00 00 00 Y O O O O O O O O O O O O O O O O i7 UL 'C / Q @ d O a N _ W O z o O N F W � 'C T 0. O U 0 O, m iD O M 2 l0 1 00 ~� •--� Y1 00 00 fn Vl Vl �O �O lD �D V1 � Vl V1 V1 N Vl _ Tab 6 ATHENS MANACEC CARE Driven to Deliver Managed Care You Can Trust. Athens Managed Care, Inc.offers innovative managed care solutions that improve patient care quality while - lowering claims costs for employers. I Engaged and effective,we specialize in designing, developing and maintaining A medical care programs that integrate core services within Workers' Compensation to deliver superior, measurable results for both injured workers and their employers. Athens Mona. . ed care, Inc . { tea� • -.... -. INTEGRATED SOLUTION ATHENS ADMINISTRATORS Driven to Deliver Athens MPN Solutions Continuing our commitment to partner- ing wif h our clients to provide superior services, Athens Administrators has teamed up with a world-class MPN and HCO provider, Medex Healtf•icare, to create the Athens MPN. Engaged and effective,we offer proven MPN claims administration expertise with a commitment to delivering superior, measurable results. Medical Provider Network (16PN ) Services L 1 WWW.ATHENSADMIN.COM TARGETED SOLUTION ATHENS THE ATHENS MEDICAL PROVIDER NETWORK (MPN) Athens Administrators provides MPN services with specialized solutions tailored to meet the unique needs of the industry. Athens MPN program services include: We also offer various Athens MPN Medical Control comprehensive claims • Extended days of medical control(containment) on all management • • Athens MPN cases Access to the Athens MPN • -rs' Compensatio • Includes option for Employers/Athens to nominate keyLiability • providers Medical Bill Review• All providers are contracted directly with the Athens MPN Athens MPN Employee Notification Assistance • Athens MPN notification material Alternative Ris • Employee notification assistance ...for a wide variety of client types: • Athens MPN complete program management available Athens MPN Internet Provider Search * Joint Power • • Search by physician location or specialty _lf _• Athens HCO+MPN Program Option Available 0 Self Insurance Groups • In most cases up to 180 days of medical control - High Deductible Athens MPN is Compliant with DWC Rules& Regulations - Captive Athens will be responsible for all MPN communications once a claim has occurred.Athens will also assist the employer with the necessary tools for initial MPN participation notification to their employees. These notices include, but are not limited to: • At the time of injury • Second opinion request/results • Third opinion request/results • Independent Medical Review(IMR) request/results • List(or access to) of applicable MPN providers • Medical records for secondary provider opinions • Any additional information needed for employee MPN requests . + For more information please visit: vww.athensadmin.cor ` AV-so ATHENS IL MANAGED CARE CLAIMING THE FUTURE ,Why Athens Manqra A Care, OF MANAGED CARE Our •,_, care-solutions provide highest quality proactive management of Athens Managed Care, Inc. provides businesses with Workers' ■ - - • specialized managed care solutions that deliver superior _ delivering improved _ claim patient care and result in lower overall claims costs: costs• patients. • Experienced Managed Care Team - Review Fully Integrated Managed Care Approach Our highly-trained staff review prospective, concurrent,and retrospective requests for • Complete Transparency with Bill Review, treatment authorizations against notionally Claims and Case Management accepted evidence-based ,_ _ s. • Aggressive Claims Management Strategies Leading edge technologyenhances timeliness of reviews, enabling the rapid return • Client Specific Criteria Development of employees t•wark wh;le decreasing • Highly Efficient Referral Process wait period for authorizations. • Highest Level of Timeliness,Communication and Accuracy Physician Peer Review Our . panel THE ATHENS APPROACH TO URAC accredited lROs ■-■- •- EFFECTIVE MANAGED CARE Organization) who provide experienced, actively treating physicians in • wide range Proven Methodology, Technological Innovation anti of •-cia'ties.A!l reviews are licensed Personal Service. Our ability to deliver superior, and ■- -• according to measurable results is driven by our comprehensive state regulations guaranteeing ■ strong, approach to medical cost containment: defendable determination, ATHENSDrive Quality You Can Count On Progressive, process-driven business systems assuranceOur strict quality ensures and workflow methodology compliance r ■ - mandated regulcifions as . .• Productivity optimization through the use of leading for Workers' Compensation,Ongoing educational ■ ensure edge technology understanding • • compliance with trends ATHENSCareregulationchanges. The highest level of service through personalized ■ ` • account management Northern Cofflornia The Athens Approach directly affects the bottom line: Southern llfoinia Superior results are achieved by delivering better quality Michael ..■• 1 909.451.1710 patient care and improved health results while lowering employer claims costs. managedcare@athensmci.com Tab 7 '�� ys ° r ° ° F CN L. 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PO • N LO N N M., 'V' r r .— N' � Cl) r M ' ca O O N ti c (� Dom . z o g 0) E 1 a c C U 0 E �O'i O N N N m �?� E co m E U = eis' E E o o. m_ �+ c° c_ m m a a) c Q U E rn as c� o w to c > E a� @ Q p m , = zc 2 aa) m oop m U U U U t� w ii `` o o rn rn o o ro m i ii c9 = a ct in (a U Tab 8 � City of Vernon Workers' Compensation Claims Administration Request for Proposals AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) Michael Landa ,being first duly sworn deposes and says that he/she is Executive Vice President (Insert"Sole Owner","Partner" "President,"Secretary",or other proper title) of Athens Administrators (Insert name of bidder) who submits herewith to the City of 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 or fix any overhead, profit or cost element of his 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 any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except the City of Vernon, or to any person or persons who have a partnership or other financial interest with said bidder in his business. I certify under penalty of perjury that the above information is correct By: 4 Title: Executive Vice President Date: 11 . ; r Proposal for services Prepared for: City of Vernon Date: 9/29/2014 ., 3:50 PM �XN�g�T G SCNEw`� 17 Proposal for Services Prepared for: City of Vernon Date: 12/10/2014 • 3:31 PM Vernon,Cityof Pricing Proposal for: WORKERS'COMPENSATION CLAIM ADMINISTRATION SERVICES Prepared by: Athens Administrators FLAT ANNUAL FEE Flat Annual Fee Program Year 1-2014/2015 $59,000 Program Year 2-2015/2016 $60,770 Program Year 3-2016/2017 $62,600 TOTAL THREE YEAR COST $1821370 Pricing Notes Additional Services An n ua I Ad mi n. Fee-Covers both Workers'Compensation and P&C claim programs Waived Administration-includesmgmt.of(1) bank account addtl.accounts at$400 per month Included Data Management Included Account Management Included Claim Reporting(web,fax,telephonic) Included Dash Board Risk Management Web Site Included Web Site Access(2 Users) Included Annual Stewardship Report Inlcuded Electronic Delivery of Monthly Loss Runs Included • Athens Administrators Confidential 12/10/2014 3:31 PM TERMS OF AGREEMENT Life of Contract 1) Athens Administrators will invoice company for all Basic Fees on a monthly basis and such invoice shall be paid by company upon receipt of Invoice. Claims will be handled for the life of the claim with no additional per claim fees. If you should decide to non-renew with 2) Athens Administrators,the existing open files can be handled in one of two ways. a) Athens Administrators could continue to handle open files at our prevailing rates per year per open file. b) Athens Administrators would return the files to the client at the clients expense 3) Account Administration includes the following: a) Designated account manager d) Banking Administration b) Detailed status reports e)Scheduled meetings/claim reviews c) Settlement authority set at$TBD 4) Data Management includes the following: a) Monthly claim reporting by e-mail or website b) Carrier report package by e-mail or website 5) Claim Reporting a)Telephonic 800# b) Web Reporting c) Via Fax Definition of Allocated expense: Sball Include,but not be Ifknited to: Legal fees Managed care expenses Professional photographs Medical examinations Extraordinary cost for witness statements Extraordinary travel made at client's request Medical records Court reports Experts'rehabilitation costs Accident reconstruction Fees for service of process Predictive model index at$40 per claim Architects,Contractors and Engineers Collection cost payable to third parties Police,fire,coroner,weather,or other such Outside investigations Property damage appraisals Subrogation at 15%gross recovery Sub rosa investigations Property damage appraisals Official documents and transcripts Sub rosa investigations Pre-and post-judgment interest paid Index bureau filings Claim intake fees Chemist • Athens Administrators Confidential 1 211 012 01 4 331 PM - - Pricing Koposal for: MANAGED CARE SERVICES Prepared by: Athens Administrators Medical Bill Review Cost Proposal OPTION 1 OPTION 2 Pr Bing Medical Fee Schedule Reduction (OMFS) $8.50 Per Bill $8.50 Per Bill (Includes: Medical, Pharmacy and Supplies) Hospital In and Out Patient Fee Schedule Reductions $600 Per Bill 10.00% (%) of Savings PPO Network&Specialty Bill Review Negotiations 22.00% (%)of Savings 1 22.00% (%)of Savings Utilization Review, Case Management and Physician Review Cost Proposals Pricing Utilization Review w Concurrent, Prospective and Retrospective review $165 Flat Fee UR appeals: Peer to Peer _ $300_Per Hour Authorization Only R^ $20 Flat Rate Case Management Telephonic Nurse Case Management $98 Per Hour Field Case Management $110+Travel and Mileage Catastrophic Case Management - $110+Travel and Mileage Peer Review Physician Peer Review $260 Flat Fee Records Review $230 Per Hour Other Nurse Triage $100 Per Assignment Special Investigations Typically,$78 Per Hour Pharmacy Drug Review $125 Per Hour Central Index Bureau Included - Claim Reporting Included Predictive Modeling $40 Per Cliam Subrogation Recovery 15%of Gross Recovery • City of Vernon Pricing Propo-,�il for: PROPERTY AND CASUALT Y CLAIM ADMINISTRATION SERVICES Athens Administraton, Claim Type Per Claim Each Auto Collision/Comprehensive Claim $500 Each Auto Property Damage Claim $500 Each Auto Bodily Injury Per Feature $750 Each First Party Property Damage Claim $750 Each GL Property Damage Claim $750 Each GL Bodily Injury Claim $900 Each Inland Marine Claim $900 Flat Fee for Record Only Claims-Where PRINCIPAL Handles Claim Directly $25 Fee for any Injury Index Entry $15 Annual Administration Fee Included- See WCproposal Administration Included Data Management Included Account Management Included Claim Reporting(web,fax,telephonic) Included Detailed Annual"Stewardship Report" Included Electronic Delivery of Monthly Loss Runs Included Subrogation Recovery Fee 15%of Recovery One Time Only Data Conversion/Program Takeover Charge Included s • 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. 18 i 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 taw. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. i 19 City of Vernon Workers' Compensation Claims Administration Request for Proposals AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR STATE OF CALIFORNIA ) )ss COUNTY OF LOS ANGELES ) Michael Landa being first duly sworn deposes and says that he/she is Executive Vice President (Insert"Sole Owner".'Partner","President,"Secretary".or other proper title) of Athens Administrators (insert name of bidder) who submits herewith to the City of 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 sharn; 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 or fix any overhead, profit or cost element of his 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 any corporation, partnership, company, association, organization, bid depository. or to any member or agent thereof, or to any individual or.group of individuals, except the City of Vernon, or to any person or persons who have a partnership or other financial interest with said bidder in his business. 1 certify under penalty of perjury that the above information is correct By Lk- Title: Executive Vice President Date: toll 114 11 ..�OF RECEIVED 7 JAN 14 2015 REC� CITY ADMINISTRATION 'JAN 15 � +;`,:� CITY CLERK 4FICE STAFF REPORT DEPARTMENT OF PUBLIC WORKS, WATER AND DEVELOPMENT SERVICES A-6 DATE: January 20, 2015 TO: Honorable Mayor and City Council PREPARED BY: Scott B. Rigg, Public Works & Water Superintendent �— �,t J APPROVED BY: Samuel Kevin Wilson,Director of Public Works, Water and Development Services RE: Subrecipient Agreement between the City of Vernon and the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority Recommendation It is recommended that the City Council: 1. Find that approval of the agreement proposed in this staff report is exempt under the California Environmental Quality ACT (CEQA) in accordance with Section 15301 (b), involving existing projects with negligible or no expansion of use beyond that existing at the lead agency's determination; and 2. Approve the attached Subrecipient Agreement between the City of Vernon ("City") and Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority ("GWMA"), in substantially the same form as submitted herewith, and authorize the City Administrator to execute the agreement on behalf of the City. Background The GWMA entered into a Grant Agreement (Grant Agreement) dated September 24, 2014 with the United States of America, acting through the Department of Interior, Bureau of Reclamation. The Grant Agreement stipulates that the GWMA will receive a $1,000,000.00 award for the Gateway Regional Advanced Metering Infrastructure Project (AMID) to assist the cities of Lakewood, Vernon, Downey, South Gate, Signal Hill, Whittier, Pico Rivera, Norwalk, and Bellflower (GWMA Members) in improving regional water management practices by converting a total of 6,263 antiquated water meters within their jurisdictions into Radio Frequency Meters (RFMs) with advanced reading technology capabilities. The AMIP will be implemented over a three year period; commencing January 1, 2015 and concluding December 31, 2017. Agencies are given the flexibility to initiate the meter installation at varying times to fit their schedules. The total project cost for the City will be approximately $380,855.39 to purchase and install the meters and equipment. The total project cost includes the sum of$201,999.83 out-of-pocket costs and $178,855.56 in grant money. The subject Agreement will require the City to install 512 water meters with a required cost-share of at least fifty-three percent. Staff is confident that it can perform the meter installations in-house and thus reduce a large portion of$201,999.83 by way of in-kind costs that would otherwise have to be paid by the City to have a contractor perform the meter installations. Moreover, GEI Consultants, Inc., who prepared the initial grant application, prepared and issued Request for Quotes from qualified meter vendors. Responses were received on October 31, 2014 from Corix Water Products, Equarius Waterworks, Kelly J, Inc., and National Meter. It should be noted that the subject quotes are for reference and informational purposes and were intended for use by cities during their own procurement process. Cities are not precluded from using their preferred vendor and may choose between using an outside vendor or City staff to install the meters. Additionally, the Bureau of Reclamation has approved the direct purchase of equipment by participants who in turn will submit invoices to Gateway for payment via grant funds. The City will use its existing meter manufactures when converting its meters. Benefits of RFM Installations RFMs will enable meter reading staff to retrieve meter reads from all meters within a 200-foot radius by simply pushing a command button on their handheld meter reading devices. This process eliminates the need for meter readers to lift heavy meter lids to retrieve meter reads and will thus reduce the potential for injuries, while improving meter reading accuracy. It is estimated that the RFM's will reduce the meter route times by twenty (20) to twenty-five (25) percent. Meter readers can then be freed up to perform various maintenance duties associated with meter reading including checking for leaks, verifying reads, and replacing damaged meter lids making for a more efficient use of manpower; and the RFMs will reduce vehicle trips resulting in decreased fuel costs,and improved air quality through reduced emissions. Lastly, the actual project work will require the City to purchase and complete the meter infrastructure project. Once the RFM's installation is completed, the City can install all necessary software to develop 24/7 real time computer access for both staff and water customers. Fiscal Impact The estimated total project cost will be $380,855.39. The total project cost includes $178,855.56 in grant funding and the City's share of$201,999.83. SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF VERNON AND THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER MANAGEMENT JOINT POWERS AUTHORITY This Subrecipient Agreement ("Agreement") is dated January 20, 2014 ("Effective Date") and is between the City of Vernon, a California municipal corporation ("Subrecipient") and the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority, a California Joint Powers Authority ("GWMA"). RECITALS A. GWMA has entered into that certain Grant Agreement dated September 24, 2014 ("Grant Agreement") with the United States of America, acting through the Department of the Interior,Bureau of Reclamation("Reclamation"), attached hereto as Exhibit"A" and incorporated herein as though set forth in full, by which GWMA will receive One Million Dollars ($1,000,000.00) for the Gateway Regional Advanced Metering Infrastructure Project to assist the Cities of Lakewood, Vernon, Downey, South Gate, Signal Hill, Whittier, Pico Rivera, Norwalk, and Bellflower ("GWMA Members") in improving regional water management practices by converting a total of 6,263 antiquated meters within their jurisdictions into "smart" meters with advanced reading technology capabilities (the "Project"). B. The GWMA Members have come together to develop a region-wide water conservation program that will produce significant and measurable water savings through their collective implementation of the Project. C. GWMA and Subrecipient desire to contract at a total cost of Three Hundred Eighty Thousand Eight Hundred Fifty Five and Thirty Nine Cents ($380,855.39) ("Funds") to implement Subrecipient's share of the Project by converting a total of 512 meters within its jurisdiction into smart meters with advanced reading technology capabilities. D. Subrecipient understands and acknowledges that it is committing to installing a specific number of smart meters to meet a specific threshold for water usage reduction to comply with the Grant Agreement. The parties therefore agree as follows: 1. SUBRECIPIENT OBLIGATIONS 1.1 Implementation of Sub-Project. Subrecipient shall convert 512 meters, 20 residential meters, 425 commercial/landscape meters and 67 industrial meters within its jurisdiction into smart meters with advanced reading technology capabilities (the "Sub-Project") in accordance with the Scope of Work and Milestones set forth in Section 5 of the Grant Agreement,attached hereto as Exhibit A. The parties,upon mutual written agreement,may amend the total number of meters required to be converted by Subrecipient during the term of this Agreement. Subrecipient shall immediately notify GWMA in the event Subrecipient realizes it may be unable to convert the total number of meters required under this Section 1.1 prior to the termination of this Agreement pursuant to Section 3.3. -1- Error! Unknown document property name. 1.2 Commitment to Cost-Share. Subrecipient shall invest a minimum of Two Hundred and One Thousand Nine Hundred Ninety Nine and Eighty Three Cents ($201,999.83) of its own funds, which constitutes at least 53% of the cost of the Sub-Project, to the Sub-Project, in accordance with the Grant Agreement. Subrecipient shall document and submit documentation reflecting the Subrecipient's internal costs and total Sub-Project costs to GWMA to demonstrate the Subrecipient's required cost share obligations under this Agreement prior to GWMA reimbursing the Subrecipient. 1.3 Use of Reclamation Funds. Subrecipient shall use the Funds solely for the purchase and installation of the smart meters and implement the Sub-Project pursuant to all of the terms and conditions of this Agreement and the applicable terms and conditions of the Grant Agreement. The Funds shall be used solely to reimburse the actual expenses incurred by Subrecipient to implement the Sub-Project. 1.4 Compliance with Grant Agreement. Subrecipient shall comply with all Recipient responsibilities of the Grant Agreement and shall perform its respective obligations under and in accordance with the Grant Agreement. In the event that Reclamation determines Subrecipient has breached its obligations under the Grant Agreement, Subrecipient will be solely responsible for complying with any Reclamation demands,determinations,fines or other such actions or penalties initiated by Reclamation because of the breach. No non-breaching GWMA Member, non- participating GWMA Member,or GWMA as a whole shall be in any way responsible for satisfying any Reclamation demands made in response to a breach of the Grant Agreement by Subrecipient. If Subrecipient is found in breach of the Grant Agreement, it shall remain obligated under this Agreement and remain responsible to fulfill its obligations under this Agreement, including those obligations under Section 1.1. 1.5 Compliance with Law. Subrecipient shall perform the Sub-Project as detailed under Section 1.1 of this Agreement in accordance with all ordinances, resolutions, statutes, rules and regulations of any federal, state or local government agency having jurisdiction at the time of performance. 2. DISBURSEMENT OF FUNDS 2.1 Maximum Amount of Funds. Upon compliance with the requirements set forth in this Agreement, GWMA shall reimburse Subrecipient an amount not to exceed One Hundred Seventy Eight Thousand Eight Hundred Fifty Five and Fifty Six Cents ($178,855.56),which shall constitute GWMA's full obligation to Subrecipient, unless GWMA receives additional funds from Reclamation for the completion of the Sub-Project or unless GWMA opts to shift funds currently allocated under the Grant Agreement from other GWMA Members sub-projects identified in the Grant Agreement to the Sub-Project. In such case,the parties shall amend the Agreement to reflect the additional sum and, if applicable, the additional services Subrecipient shall provide. If the funds are insufficient to complete the Sub-Project, Subrecipient shall secure and provide such additional non-Grant funds necessary to complete the Sub-Project. Reimbursement, if any, by GWMA is conditioned upon receipt of such funds by GWMA from Reclamation and obtaining all required approvals from Reclamation, including environmental clearances. If Reclamation funds are not forthcoming from Reclamation for any reason, GWMA shall not have any obligation to reimburse Subrecipient through any other source of GWMA funds. Page 2 of 10 2.2 Cost Overruns. At no time shall GWMA or a non-participating GWMA Member be liable for any cost associated with the Project, including the Sub-Project. In the event that Reclamation funds are not forthcoming from Reclamation for any reason, or if the Funds allocated to Subrecipient are insufficient to cover costs for the Sub-Project in any way,the GWMA Members that are not named as the Subrecipient under this Agreement shall not be held liable for any costs. Subrecipient shall be solely responsible for any costs associated with the Sub-Project in the event that Reclamation funds are not forthcoming for any reason,or in the event that the funds allocated to Subrecipient are insufficient to cover costs for the Sub-Project in any way. 2.3 Method of Payment. GWMA shall make reimbursements to Subrecipient upon Subrecipient's submittal of, and GWMA's approval of: (i) a detailed invoice of completed work or fulfilled purchases; and (ii) the performance and financial reports required by the Grant Agreement. Subrecipient may submit reimbursement requests to GWMA only a quarterly basis in January, April, July or September in each year for the term of this Agreement. GWMA shall not make the last reimbursement payment to Subrecipient until Subrecipient has show it has installed all smart meters as set forth in Section 1.1 of this Agreement. To the extent the Funds actually have been received from Reclamation, GWMA shall pay Subrecipient for all expenses stated on the invoice,which are approved by GWMA pursuant to this Agreement no later than two (2) weeks after receipt of payment from Reclamation, provided the performance and financial reports are also timely submitted and approved. 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Subrecipient shall commence, prosecute and complete the Sub-Project as detailed under Section 1.1 of this Agreement within the time periods established in Section 4 of the Grant Agreement, unless extensions of such time periods have been approved in writing by GWMA. The Sub-Project must be completed and all Funds must be distributed no later than December 31, 2017, as required by Section 4 of the Grant Agreement. Notwithstanding any provisions in this Agreement to the contrary,any Funds not distributed by December 31,2017, are subject to lapse. 3.3 Term. This Agreement shall commence on the Effective Date and shall be terminated when all of the following have occurred, unless earlier terminated in accordance with Section 7.2: (i) the entirety of the Sub-Project has been completed, (ii) all audits and reports have been submitted by Subrecipient to GWMA pursuant to the Grant Agreement and Reclamation requirements and (iii) Reclamation has released final disbursement to GWMA and Subrecipient has received final disbursement of Funds from GWMA pursuant to this Agreement; or by December 31, 2017, whichever event occurs first. In the event that the December 31, 2017 deadline is extended pursuant to any agreement between Reclamation and GWMA, the new deadline shall take the place of"December 31, 2017" in the preceding sentence. 3.4 Reversion of Assets. Upon the expiration or sooner termination of this Agreement, Subrecipient shall transfer to GWMA: (i)any and all Funds on hand that Subrecipient is not already obligated to pay to others for the Sub-Project; and (ii) any accounts receivable attributable to the use of the Funds that Subrecipient is not already obligated to pay to others for the Sub-Project. Page 3 of 10 4. COORDINATION OF WORK 4.1 Subrecipient Representative. The Subrecipient Representative for Subrecipient shall be the City Administrator of the City of Vernon or such person as may be designated by the City Administrator of the City of Vernon in writing. GWMA shall refer any decisions that must be made by Subrecipient to the Subrecipient Representative. Any approval by Subrecipient required under this Agreement shall mean the approval of the Subrecipient Representative, unless the Subrecipient Representative informs GWMA that the decision must be made by the City of Vernon City Council. 4.2 GWMA Representative. The GWMA Representative shall be the Executive Director, or such person as may be designated by the Executive Director in writing. It shall be Subrecipient's responsibility to ensure that the GWMA Representative is kept informed of the progress of the performance of the Sub-Project and Subrecipient shall refer any decisions that must be made by GWMA to the GWMA Representative. Any approval by GWMA required under this Agreement shall mean the approval of the GWMA Representative, unless the GWMA Representative informs Subrecipient that the decision must be made by the Board of Directors. 4.3 Independent Contractor. Subrecipient is, and shall at all times remain as to GWMA and to all GWMA Members not named as subrecipients under this Agreement, a wholly independent contractor. Subrecipient shall have no power to incur any debt, obligation or liability on behalf of GWMA or on behalf of any GWMA Member not named as a subrecipient under this Agreement. Neither GWMA nor any of its agents shall have control over the conduct of Subrecipient or any of Subrecipient's employees, except as set forth in this Agreement. Subrecipient shall fully comply with the worker's compensation laws regarding the Subrecipient and Subrecipient's employees. Subrecipient shall indemnify and hold GWMA and all GWMA Members not named as subrecipients under this Agreement harmless from any failure of Subrecipient to comply with applicable workers compensation laws. 5. MANDATORY LIABILITY COVERAGE 5.1 General Liability Coverage. Subrecipient shall obtain, at its sole cost and keep in full force and effect during the term of this Agreement, commercial general liability coverage in the amount of One Million Dollars ($1,000,000.00) per occurrence for bodily injury, personal injury, and property damage. 5.2 Memorandum of Coverage. Subrecipient shall file with GWMA upon the execution of this Agreement, a memorandum of coverage issued by the California Joint Powers Insurance Authority that shall provide that no cancellation, major change in coverage, expiration, or nonrenewal will be made during the term of this Agreement, without thirty (30) days' written notice to GWMA prior to the effective date of such cancellation, or change in coverage. 5.3 Additional Insurance Requirements. The general liability coverage shall provide (i) that the coverage shall extend to GWMA, and each of its officers, agency, employees and volunteers and (ii) that the coverage shall operate as primary coverage. 5.4 Coverage Requirements. Subrecipient shall require each consultant or contractor retained by Subrecipient to implement the Sub-Projects to obtain liability coverage at least as Page 4 of 10 comprehensive as required under Sections 5.1-5.3 of this Agreement and shall require GWMA and its officers, agents, employees, and volunteers to be named as additional named insured on such coverage. Subrecipient shall also require each consultant and contractor to obtain workers' compensation coverage at not less than the minimum required under California law. 6. RECORDS AND REPORTS 6.1 Reports. Subrecipient shall prepare and submit detailed invoices regarding the Sub- Project to GWMA on a quarterly basis. Subrecipient shall prepare and submit performance and financial reports to GWMA as required under the Grant Agreement. GWMA shall prepare and submit regional progress and financial reports to Reclamation to fulfill the GWMA's reporting obligations under the Grant Agreement. Subrecipient shall comply with all other reporting requirements required of subrecipients and subgrantees under the Grant Agreement, including, if applicable, the reporting requirement specified in Section 19.I.c. of the Grant Agreement. 7. ENFORCEMENT OF CONTRACT 7.1 Applicable Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California and the United States, as applicable. Legal actions concerning any dispute,claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of Los Angeles, State of California, the United States District, or any other appropriate court in Los Angeles County, and Subrecipient covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Termination. GWMA may terminate this Agreement if GWMA receives notice from Reclamation that the Grant Agreement has been terminated by giving thirty(30)days' notice to Subrecipient. GWMA shall reimburse Subrecipient for all costs incurred prior to the termination date in accordance with the Grant Agreement. 7.3 Waiver. Waiver by any party of any of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. 7.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by any party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default, or any other default by the other parties. 7.5 Legal Action. In addition to any other rights or remedies, any party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to complete specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.6 Attorneys' Fees. If any party to this Agreement is required to initiate or defend or is made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief that may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees. Attorneys' fees shall Page 5 of 10 include attorneys' fees on any appeal, and in addition a party entitled to attorneys' fees shall be entitled to all other costs for investigating such action, taking depositions and discovery and all other costs incurred in such litigation. 8. INDEMNIFICATION Indemnification. Neither GWMA nor any officer or employee thereof, nor any member of GWMA that is not named as a subrecipient in this Agreement, shall be responsible for any damage or liability occurring by reason of anything done or committed to be done by Subrecipient, its officers, agents, employees, contractors and subcontractors under this Agreement. Subrecipient shall fully indemnity, defend and hold GWMA harmless from and against any liability and expenses, including defense costs, any costs or liability on account of bodily injury, death or personal injury of any person or for damage to or loss of risk of property, any environmental obligation, any legal fees, and any claims for damages of any nature whatsoever arising out of this Agreement, including: (i) misuse of the Funds by Subrecipient or its officers, agents, employees, contractors or subcontractors; (ii)breach of Subrecipient's obligations under this Agreement; or(iii) any act or omission of Subrecipient or its officers, agents, employees, contractors or subcontractors in the performance and implementation of the Sub-Project under this Agreement. 9. MISCELLANEOUS PROVISIONS 9.1 Federal Requirements. (a) Subrecipient shall comply with 43 CFR § 18, New Restrictions on Lobbying, including the certification set forth in Section 15 of the Grant Agreement. (b) Subrecipient shall comply with Reclamation's requirements and regulations pertaining to (1)patent rights with respect to any discovery or invention that arises or is developed in the course of or under this Agreement and (2) copyrights and rights in data. (c) GWMA,the Federal grantor agency,the Comptroller General of the United States, or any of their duly authorized representatives shall have access to Subrecipient's books, documents, papers and records that are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcriptions. (d) Subrecipient shall retain all required records related to the performance of the Sub-Project and this Agreement for three (3) years after GWMA makes final payment to Subrecipient and all other pending matters are closed. (e) Subrecipient shall comply with all applicable standards, orders or requirements issued under section 306 of the Clean Air Act (42 U.S.C. § 1857(h)), section 508 of the Clean Water Act (33 U.S.C. § 1368), Executive Order 11738 and Environmental Protection Agency regulations (40 CFR Part 15). Page 6 of 10 (f) Subrecipient shall comply with all applicable standards and policies relating to energy efficiency that are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 9.2 Notices. Any notices,bills, invoices or reports required by this Agreement shall be given by first class U.S. mail or by personal service. Notices shall be deemed received on (i) the day of delivery if delivered by hand or overnight courier service during Subrecipient's and GWMA's regular business hours or by facsimile before or during regular business hours; or (ii) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be delivered the parties at the following addresses: To GWMA: Attn: Grace J. Kast, Executive Officer Gateway Regional Water Management Authority 16401 Paramount Boulevard Paramount, California 90723 Facsimile: 562-634-8216 To Subrecipient: Attn: Mark Whitworth, City Administrator City of Vernon 4305 Santa Fe Avenue Vernon, California 90058 Facsimile: 323-826-1435 9.3 Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the parties to this Agreement. 9.4 Word Usage. Unless the context clearly requires otherwise, (a) the words "shall," "will" and "agrees" are mandatory and "may" is permissive; (b) "or" is not exclusive; and (c) "includes" or "including" are not limiting. 9.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.6 Integration;Amendment. It is understood that there are no oral agreements between the parties of this Agreement affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and non shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement, on behalf of said party; (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) entering into this Agreement does not violate any provision of any other agreement to which said party is bound. Page 7 of 10 9.8 Exhibits; Precedence. Exhibit A is incorporated into this Agreement by this reference. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of Exhibit A, the provisions of this Agreement shall prevail,except that all federal grant fund requirements contained in Exhibit A shall prevail over the provisions of this Agreement. 9.9 Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect. Page 8 of 10 The parties are signing this Agreement on the date stated in the introductory clause. GWMA Subrecipient Los Angeles Gateway Region Integrated City of Vernon, Regional Water Management Joint Powers a California municipal corporation Authority, a California Joint Powers Authority By: By: Name: Name: Title: Title: -9- Error! Unknown document property name. EXHIBIT A GRANT AGREEMENT (Attached) -10- Error! Unknown document property name. FOR STATE USE ONLY DGS REGISTRATION NO PROPOSITION 84 STORMWATER GRANT PROGRAM GRANT AGREEMENT BETWEEN THE STATE WATER RESOURCES CONTROL BOARD, hereinafter called "State" or"State Water Board" AND GATEWAY WATER MANAGEMENT AUTHORITY, hereinafter called "Grantee" MULTI-AGENCY/MULTI-WATERSHED PROJECT TO INCORPORATE LOW IMPACT DEVELOPMENT (LID) BEST MANAGEMENT PRACTICES (BMPs) INTO MAJOR TRANSPORTATION CORRIDORS, hereinafter called "Project" AGREEMENT NO. 14-443-550 The State and Grantee hereby agree as follows: PROVISION(S). The following provision(s) authorize the State Water Board to enter into this type of Grant Agreement: Pub. Resources Code, § 75050(m) (Prop. 84 Stormwater Contamination Reduction and Prevention) PURPOSE. The State shall provide a grant to and for the benefit of Grantee for the purpose of implementing LID BMPs that will decrease the loading of metals into the Los Angeles River, San Gabriel River, and Los Cerritos Channel, and their tributaries. GRANT AMOUNT. The maximum amount payable under this Agreement shall not exceed $1,073,820. TERM OF AGREEMENT. The term of the Agreement shall begin on OCTOBER 1, 2014 and continue through final payment plus thirty-five (35) years unless otherwise terminated or amended as provided in the Agreement. HOWEVER, ALL WORK SHALL BE COMPLETED BY MARCH 31, 2017. ABSOLUTELY NO FUNDS MAY BE REQUESTED AFTER APRIL 30, 2017. PROJECT REPRESENTATIVES. The Project Representatives during the term of this Agreement will be: State Water Board Grantee: Gateway Water Management Authority Name: Spencer Joplin, Grant Mana er Name: Grace Kast, Project Director Address: 1001 1 Street, 16 Floor Address: 16401 Paramount Blvd City, Zip: Sacramento, CA 95814 City, Zip: Paramount, CA 90723 Phone: 916 341-5636 Phone: 626 485-0338 Fax: 916 341-5707 Fax: 562 634-8216 e-mail: SJo lin waterboards.ca. ov e-mail: Gracekast.gateway@gmail.com Direct all inquiries to: State Water Board Grantee: Gateway Water Mana emen7AUthorit Section: Division of Financial Assistance Section: Attention: Michele Stebbins, Pro ram Anal st Name: John Hunter, Grant Contact Address: 1001 1 Street, 17 Floor Address: 6131 Oran ethor a Avenue, S City, Zip: Sacramento, CA 95814 City, Zip: Buena Park, CA 90620 Phone: 916 341-5665 Phone: 562 802-7880 Fax: 916 341-5296 Fax: 562 802-2297 e-mail: MStebbins waterboards.ca. ov e-mail: Jhunter ulha.net Gateway Water Management Authority State Water Board Grant Agreement No. 14-443-550 Page 2 of 20 Either party may change its Project Representative upon written notice to the other party. STANDARD PROVISIONS.The following exhibits are attached and made a part of this Agreement by this reference: Exhibit A SCOPE OF WORK—WORK TO BE PERFORMED BY THE GRANTEE Exhibit B INVOICING, BUDGET DETAIL AND REPORTING PROVISIONS Exhibit C GENERAL TERMS & CONDITIONS Exhibit D SPECIAL CONDITIONS GRANTEE REPRESENTATIONS. The Grantee accepts and agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and commitments made by the Grantee in its application, accompanying documents, and communications filed in support of its request for grant funding. Grantee shall comply with and require its contractors and subcontractors to comply with all applicable laws, policies and regulations IN WITNESS THEREOF, the parties have executed this Agreement on the dates set forth below. By: By: Grantee Signature Darrin Polhemus, Deputy Director State Water Resources Control Board, Division of Financial Assistance Grantee Typed/Printed Name Date Title Reviewed by: Office of Chief Counsel Date: Date Gateway Water Management Authority State Water Board Grant Agreement No. 14-443-550 Page 3 of 20 EXHIBIT A SCOPE OF WORK--WORK TO BE PERFORMED BY THE GRANTEE A. PLANS AND GENERAL COMPLIANCE REQUIREMENTS 1. In order for the State Water Board and Regional Water Quality Control Board (Regional Water Board) staff to verify work was adequately performed or conducted, Global Positioning System (GPS) information for project site and monitoring locations must be identified for this Project. Submittal requirements for GPS data are available at: t ttyiiwww waterboards,ca govf Ater issuesigrograrnVgrants_Ioansig rant_infofdocsigPs.Pdt. 2 The Grantee shall prepare and submit a Monitoring and Reporting Plan (MRP)that does all of the following: 1) identifies the nonpoint source(s) of pollution to be prevented or reduced by the Project; 2) describes the baseline water quality or quality of the environment to be addressed; 3)describes the manner in which the Project will be effective in preventing or reducing pollution and in demonstrating the desired environmental results; and 4)describes the monitoring program, including, but not limited to, the methodology, frequency, and duration of monitoring. The MRP shall be organized as follows, and may be submitted as separate documents or in one report. 2.1 Project Assessment and Evaluation Project Assessment and Evaluation Plan (PAEP) describes the manner in which the Project will be effective in preventing or reducing pollution and in demonstrating the desired environmental results. PAEP details the methods of measuring Project benefits and reporting them in accordance with a PAEP. Grantee shall not implement monitoring and performance assessment and/or evaluation actions prior to PAEP approval by the Grant Manager. Guidance for preparing the PAEP is available at http:11www_waterboartds.ca gov?water issues1programsigrants loan8/p8ep1index.shtml. 2.2 Monitoring Plan All projects that include water quality or environmental monitoring must prepare a Monitoring Plan (MP). At a minimum, all MPs must: 1)describe the baseline water quality or quality of the environment to be addressed; 2) identify the non-point source(s) of pollution to be prevented or reduced by the Project; and 3) provide GPS information for all sampling locations. The MP must include a description of the monitoring program and objectives, types of constituents to be monitored, methodology, the frequency and duration of monitoring, and the sampling location for the monitoring activities. Any costs related to monitoring data collected prior to and not supported by the approved MP will not be reimbursed. Changes to the MP must be submitted to the Grant Manager for review and a decision regarding approval prior to implementation. Guidance for preparing an MP is available at: http:ifwww waterboards,ce govlwater_issuesiprogramslgrants_loans/grant_infolindex.shtm4#plans. 2.3 Quality Assurance and Project Plan If water quality monitoring is undertaken, the Grantee shall also prepare, maintain, and implement a Quality Assurance Project Plan (QAPP) in accordance with the State Water Board's Surface Water Ambient Monitoring Program's (SWAMP) QAPP and data reporting requirements, and the USEPA QAPP, EPA AQ/R5, 3/01. Water quality monitoring data includes physical, chemical, and biological monitoring of any surface water. The QAPP shall be submitted to the State Water Board's Quality Assurance Officer for review and a decision regarding approval. Any costs related to monitoring data collected prior to and not supported by the approved QAPP will not be reimbursed. Guidance for preparing the QAPP is available at: http:OJwww waterboards ca.govtwater issuesfprograms/grants Ioanslarant infolindex.shtmi. Gateway Water Management Authority State Water Board Grant Agreement No. 14-443-550 Page 4 of 20 The Grantee shall upload a pdf version of the final approved document(s) to the Financial Assistance Application Submittal Tool (FAAST) system. 24 Data Management The Grantee shall upload all water quality data obtained through its implementation of the MP to the California Environmental Data Exchange Network (CEDEN). The Grantee shall also provide a receipt of successful data submission, which is generated by CEDEN, to the Grant Manager prior to submitting a final invoice Guidance for submitting data, including required minimum data elements and data formats, is available at http://www.ceden.org or the Regional Data Centers (RDCs) (Moss Landing Marine Lab, San Francisco Estuary Institute, Southern California Coastal Water Research Project, or Central Valley RDC). Contact information for the RDCs is included in the CEDEN web link. 3. Activities supported by grant funds are projects under the California Environmental Quality Act(CEQA) and must comply with CEQA requirements. Work on the Project cannot begin until the State Water Board has reviewed the CEQA documentation submitted by the Grantee and given environmental clearance. If the work is conducted on federal land, the Grantee must also comply with the National Environmental Policy Act (NEPA). Proceeding with work subject to CEQA and/or NEPA without environmental clearance by the State Water Board shall constitute a breach of a material provision of this Agreement. 4 If public agency approvals, entitlements, or permits are required, such approvals, entitlements or permits must be obtained and signed copies submitted to the Grant Manager before work begins. If the Project is carried out on lands not owned by the Grantee, the Grantee must obtain adequate rights of way for the useful life of the Project. 5. State Disclosure Requirements—Include the following disclosure statement in any document, written report, or brochure prepared in whole or in part pursuant to this Agreement.- "Funding for this project has been provided in full or in part through an agreement with the State Water Resources Control Board. The contents of this document do not necessarily reflect the views and policies of the State Water Resources Control Board, nor does mention of trade names or commercial products constitute endorsement or recommendation for use." Signage shall be posted in a prominent location at Project site (if applicable)or at the Grantee's headquarters and shall include the State Water Board color logo (available from the Program Analyst): t a0,h fir,0Yl Yei Water Boards and the following disclosure statement: "Funding for this project has been provided in full or in part through an agreement with the State Water Resources Control Board." 6. The Grantee shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this work item. Gateway Water Management Authority State Water Board Grant Agreement No. 14-443-550 Page 5 of 20 B. PROJECT-SPECIFIC REQUIREMENTS 1. Project Management 1 1 Provide all technical and administrative services as needed for Agreement completion; monitor, supervise, and review all work performed; and coordinate budgeting and scheduling to ensure the Agreement is completed within budget, on schedule, and in accordance with approved procedures, applicable laws, and regulations. 12 Notify the Grant Manager at least fifteen (15) working days in advance of upcoming meetings, workshops, and trainings. 1.3 Conduct pre-, during, and post-construction photo monitoring and submit to the Grant Manager. 14 Conduct periodic and final site visits with the Grant Manager. 2. Planning, Design, and Engineering 2.1 Complete the preliminary design plans and specifications and submit to the Grant Manager for review and approval. The design plans will include a minimum of: twenty-two (22) tree box filters; twenty (20) bioretention tree wells; and one thousand, two hundred (1200) linear feet of bioswale at multiple sites along the Los Angeles River, San Gabriel River, and Los Cerritos Channel and their tributaries 2.2 Complete the final design plans and specifications and prepare a summary identifying any changes from the preliminary design plans in Item 2.1. Submit the plans and summary of changes to the Grant Manager for review and approval prior to preparing bid documents in item 2.3. 2.3 Complete the bid documents and advertise the Project for bid. Submit the awarded bid documents to the Grant Manager in an electronic format. 3. Construction and Implementation 3.1 Award the construction contract and submit the Notice to Proceed to the Grant Manager in an electronic format. 3.2 Complete construction activities in accordance with approved final design plans and specifications. 3.3 Submit as-built drawings to the Grant Manager in an electronic format. 3.4 Prepare and submit an Operations and Maintenance Plan to the Grant Manager for review and approval. 4. Monitoring and Performance 4.1 Monitor in accordance with the approved MP. 4.2 Analyze monitoring results, document implementation of monitoring in accordance with the MP, and include a summary report of the monitoring results in the associated quarterly progress report. A summary of all monitoring results shall be included in the Final Project Report. 5. Education and Outreach 5.1 Create a press release that informs the public of basic stormwater issues and notifies them of local community events. Send the press release to a minimum of six(6)to local media outlets and submit a copy of the press release to the Grant Manager. Gateway Water Management Authority State Water Board Grant Agreement No. 14-443-550 Page 6 of 20 5.2 Conduct a minimum of one (1) community event annually in each of the Los Angeles River, Los Cerritos Channel, and Lower San Gabriel River watersheds, for a total of at least three (3) events to educate the community about stormwater pollution sources and prevention. Submit the community event materials to the Grant Manager. 53 Conduct an informal survey at each event in Item 5 2 to assess the increase in stormwater awareness. Submit educational materials and survey results for each event to the Grant Manager. 5.4 Develop and distribute outreach materials related to metals pollution in stormwater, to local schools in each watershed. Submit the outreach materials to the Grant Manager. 5.5 Coordinate with local schools to attend the appropriate community events identified in Item 5.2 and submit student attendance information to the Grant Manager. Gateway Water Management Authority State Water Board Grant Agreement No. 14-443-550 Page 7 of 20 TABLE OF ITEMS FOR REVIEW ITEM DESCRIPTION CRITICAL DUE ESTIMATED DATE DUE DATE EXHIBIT A—SCOPE OF WORK—WORK TO BE PERFORMED BY THE GRANTEE A. PLANS AND GENERAL COMPLIANCE REQUIREMENTS 1. GPS information for Project site and monitoring locations Day 90 2. Monitoring and Reporting Plan 2.1 Project Assessment and Evaluation Plan (PAEP) Day 90 2.2 Monitoring Plan (MP) Day 90 2.3 Quality Assurance Project Plan (QAPP) Day 90 2.4 Proof of Water Quality Data Submission to CEDEN Before Final Invoice 3. Copy of Final CEQA/NEPA Documentation Day 30 4. Public Agency Approvals, Entitlements, or Permits As Needed B. PROJECT-SPECIFIC REQUIREMENTS 1. Project Management 1.2 Notification of Upcoming Meetings, Workshops, and Ongoing Trainings 1.3 Pre-, During, and Post-Construction Photos Ongoing 1.4 Periodic and Final Site Visits Ongoing 2. Planning, Design, and Engineering 2.1 Preliminary Design Plans and Specifications December 2014 2.2 Final Plans and Specifications and Summary of Changes February 2015 2.3 Awarded Bid Documents March 2015 3. Construction and Implementation 3.1 Notice to Proceed March 31, 2015 3.3 As-Built Drawings September 2016 3.4 Operations and Maintenance Plan October 2016 5. Education and Outreach 5.1 Copy of Press Release Ongoing 5.2 Community Event Materials November 2016 5.3 Survey Results November 2016 5.4 School Outreach Materials December 2016 5.5 Attendance Information December 2016 Gateway Water Management Authority State Water Board Grant Agreement No. 14-443-550 Page 8 of 20 ITEM DESCRIPTION CRITICAL DUE ESTIMATED DATE DUE DATE EXHIBIT B— INVOICING, BUDGET DETAIL, AND REPORTING PROVISIONS A. INVOICING Quarterly G. REPORTS 1. Progress Reports within forty-five (45) days following the Quarterly end of the calendar quarter(March, June, September, and December) 2. Annual Progress Summaries Annually by 9/30 3. Natural Resource Projects Inventory(NRPI) Survey Form Before Final (If applicable) Invoice 4. Draft Final Project Report January 31, 2017 5. Final Project Report February 28, 2017 6. Final Project Summary Before Final Invoice 7, Final Project Inspection and Certification Before Final Invoice Gateway Water Management Authority State Water Board Grant Agreement No. 14-443-550 Page 9 of 20 EXHIBIT B INVOICING, BUDGET DETAIL, AND REPORTING PROVISIONS A. INVOICING 1. Invoices shall be submitted using the invoice template provided by the State Water Board. The invoice must be itemized based on the line items specified in the Budget. The original invoice shall be submitted to the State Water Board's Grant Manager on a quarterly basis consistent with the reporting schedule in Section GA of this exhibit. The address for submittal is: Spencer Joplin, Grant Manager State Water Resources Control Board 1001 1 Street, 16th Floor Sacramento, CA 95814 2. Invoices submitted in any other format than the one provided by the State Water Board will cause an invoice to be disputed. In the event of an invoice dispute, the State Water Board's Grant Manager will notify the Grantee by initiating an "Invoice Dispute Notification"form. Payment will not be made until the dispute is resolved and a corrected invoice submitted. Failure to use the address exactly as provided above may result in return of the invoice to the Grantee. Payment shall be deemed complete upon deposit of the payment, properly addressed, postage prepaid, in the United States mail. The State Water Board Grant Manager has the responsibility for approving invoices. 3. Supporting documentation (e g., receipts) must be submitted with each invoice to request reimbursement for grant funds as well as to support Match Funds invoiced. The amount claimed for the Personnel Services line item and Professional and Consultant Services line item must include a calculation formula (i.e., hours or days worked times the hourly or daily rate = total amount claimed). Invoice payment shall be made only after receipt of a complete, adequately supported, properly documented and accurately addressed invoice. 4. The Grantee shall not request disbursement for any cost until such cost has been incurred and has been paid by or is due and payable by the Grantee. Although it is agreed that actual payment of such cost by the Grantee is not required as a condition of the grant disbursement, all grant disbursements received by the Grantee shall be paid to contractors and vendors within thirty (30) days from receipt of the funds. In the event that the Grantee fails to disburse grant funds to contractors or vendors within thirty(30) days from receipt of the funds, the Grantee shall immediately return such funds to the State Water Board. Interest shall accrue on such funds from the date of disbursement through the date of mailing of funds to the State Water Board. If the Grantee held such funds in interest-bearing accounts, any interest earned on the funds shall also be due to the State Water Board. 5. Notwithstanding any other provision of this Agreement, no disbursement shall be required at any time or in any manner which is in violation of, or in conflict with, federal or state laws, rules, or regulations, or which may require any rebates to the Federal Government, or any loss of tax-free status on state bonds, pursuant to any Federal statute or regulation. 6 Notwithstanding any other provision of this Agreement, the Grantee agrees that the State Water Board may retain an amount equal to ten percent(10%) of the grant amount specified in this Agreement until completion of the Project to the reasonable satisfaction of the State Water Board. Any retained amounts due to the Grantee will be promptly disbursed to the Grantee, without interest, upon completion of the Project. 7. The invoice shall contain the following information: a. The date of the invoice; b. The time period covered by the invoice, i.e., the term "from" and "to"; c. The total amount due; and Gateway Water Management Authority State Water Board Grant Agreement No. 14-443-550 Page 10 of 20 d. Original signature and date (in ink) of Grantee or its authorized representative. e. Final invoice shall be clearly marked "FINAL INVOICE" and submitted NO LATER THAN APRIL 30, 2017. B. PROHIBITION OF INDIRECT COSTS The grant funds for this Agreement are the proceeds from the sale of general obligation bonds. As such, grant funds may not be used for any indirect costs. "Indirect Costs" means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the Project (i,e., costs that are not directly related to the Project). Examples of Indirect Costs include, but are not limited to: central service costs, general administration of the Grantee; non-project-specific accounting and personnel services performed within the Grantee organization; depreciation or use allowances on buildings and equipment, the costs of operating and maintaining non-project-specific facilities; tuition and conference fees; and, generic overhead or markup. Any invoice submitted including Indirect Costs will cause that invoice, in its entirety, to be disputed and will not be paid until the dispute is resolved. This prohibition applies to the Grantee and any subcontract or sub-agreement for work on the Project that will be reimbursed with grant funds pursuant to this Agreement. (Gov. Code, § 16727.) C. BUDGET CONTINGENCY CLAUSE The maximum amount to be encumbered under this Agreement for the 2014-15 fiscal year ending June 30, 2015 shall not exceed ONE MILLION, SEVENTY-THREE THOUSAND, EIGHT HUNDRED TWENTY DOLLARS ($1,073,820). If the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of the State Water Board to make any payments under this Agreement. In this event, the State shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Agreement. Nothing in this Agreement shall be construed to provide the Grantee with a right of priority for payment over any other Grantee. If this Agreement's funding for any fiscal year is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an Agreement amendment to the Grantee to reflect the reduced amount. D. LINE ITEM BUDGET PROP 84 MATCH TOTAL Direct Project Administration Costs $ 0 $ 35,980 $ 35,980 Planning/Design/Engineering/Environmental 0 $ 78,500 $ 78,500 Equipment($5,000 or more per item) $ 0 $ 0 $ 0 Construction/Implementation $1,073,820 $ 75,135 $1,148,955 Monitoring/Performance $ 0 $ 69,700 $ 69,700 Education/Outreach $ 0 $ 10,905 $ 10,905 TOTAL $1,073,820 $270,220 $1,344,040 Gateway Water Management Authority State Water Board Grant Agreement No. 14-443-550 Page 11 of 20 E BUDGET LINE ITEM FLEXIBILITY 1. Line Item Adjustment(s) Subject to the prior review and approval of the Grant Manager, adjustments between existing line item(s) may be used to defray allowable direct costs up to fifteen percent(15%) of the total grant amount(excluding Match Funds), including any amendment(s) thereto. Line item adjustments in excess of fifteen percent(15%) shall require a formal Agreement amendment. If the Line Item Budget includes an amount for Personnel Services, that amount is based on the hours, classifications, and rates submitted by the Grantee in its application. Any changes to the hours, classifications, and rates must be approved, in advance and in writing, by the Grant Manager. 2. Procedure to Request an Adjustment Grantee may submit a request for an adjustment in writing to the State Water Board. Such adjustment may not increase or decrease the total grant amount allocated per fiscal year. The Grantee shall submit a copy of the original Agreement Budget sheet reflecting the requested changes. Changes shall be noted by striking the original amount(s) followed with revised change(s) in bold and underlined. Budget adjustments deleting a budget line item or adding a new budget line item requires a formal amendment and are not permissible under this provision. The State Water Board may also propose adjustments to the budget. 3. Remaining Balance. In the event the Grantee does not submit invoices requesting all of the funds encumbered under this Grant Agreement, any remaining funds revert to the State. The State Water Board will mail a Notice of Project Completion letter to the Grantee stating that the project file is closed, the final invoice is being processed for payment, and any remaining balance will be disencumbered and unavailable for further use under the Grant Agreement. F. MATCH FUNDS 1. The Grantee agrees to provide match funds in the amount of TWO HUNDRED SEVENTY THOUSAND, TWO HUNDRED TWENTY DOLLARS ($270,220) (Match Funds)for this Project. This Match Funds amount is based on Line Item Budget categories, funding sources, and amounts submitted by the Grantee in its application and during the negotiation of this Agreement. Any Match Funds line item changes or adjustments in Match Funds classifications or sources requested by Grantee must be approved, in advance and in writing, by the Grant Manager. 2. If, upon completion of the Project, the Grantee has provided match funds in an amount that is less than the Match Funds amount set forth in paragraph F.1 above, then the State Water Board may proportionately reduce the grant amount and/or Grantee's Match Funds amount, provided the reduced amount(s) satisfy statutory requirements and State Water Board Guidelines. G REPORTS 1. PROGRESS REPORT. Grantee shall submit quarterly progress reports to the State Water Board's Grant Manager within forty-five(45) days following the end of the calendar quarter(March, June, September, and December). a. The progress reports shall provide a brief description of the work performed, accomplishments during the quarter, milestones achieved, monitoring results (if applicable), and any problems encountered in the performance of the work under this Agreement. Grantee shall document all contractor activities and expenditures in progress reports. b. The invoice should accompany the progress report. The invoice should reflect charges for the work completed during the reporting period covered by progress report. The invoice cannot be paid prior to submission of a progress report covering the invoice reporting period. 2. ANNUAL PROGRESS SUMMARIES. Prepare and provide an Annual Progress Summary annually by September 30. The summary must be no more than two(2) pages, and shall include pictures as appropriate. Upload an electronic copy of the Annual Progress Summary in pdf format to the FAAST system. The summary shall include the following: Gateway Water Management Authority State Water Board Grant Agreement No. 14-443-550 Page 12 of 20 a. A summary of the conditions the Project is meant to alleviate, the Project's objective, the scope of the Project, and a description of the approach used to achieve the Project's objective. b. A summary of the progress made to date, significant milestones achieved, and the current schedule of completing the Project. c. An evaluation of the effectiveness of the Project to date in preventing or reducing pollution and alleviating the Project's original conditions. 3. NATURAL RESOURCE PROJECTS INVENTORY (NRPI) SURVEY FORM. If available at the completion of this Project, the Grantee shall complete and submit electronically a NRPI Project Survey Form found at http://www.ice.ucdavis.edu/nri)i. 4 DRAFT FINAL PROJECT REPORT. Prepare and submit to the Grant Manager, for review and comment, a Draft Final Project Report in a format provided by the Grant Manager 5. FINAL PROJECT REPORT. Prepare a Final Project Report that addresses, to the extent feasible, comments made by the Grant Manager on the Draft Final Project Report. Submit one (1) reproducible master and an electronic copy of the final. Upload an electronic copy of the final report in pdf format to the FAAST system 6. FINAL PROJECT SUMMARY. Prepare a brief summary of the information contained in the Final Project Report, including before and after pictures, as appropriate. Upload an electronic copy of the Final Project Summary in pdf format to the FAAST system. 7. FINAL PROJECT INSPECTION AND CERTIFICATION. Upon completion of the Project, the Grantee shall provide for a final inspection and shall certify that the Project has been completed in accordance with this Agreement, any final plans and specifications submitted to the State Water Board, and any amendments or modifications thereto. If the Project involved the planning, investigation, evaluation, design, or other work requiring interpretation and proper application of engineering, or other professionals, the final inspection and certification shall be conducted by a Califomia Registered Civil Engineer or other appropriate California registered professional. The results of the final inspection and certification shall be provided to the Grant Manager 8. The Grantee agrees to expeditiously provide, during work on the Project and throughout the term of this Agreement, such reports, data, information, and certifications that may be reasonably required by the State Water Board. H. PAYMENT OF PROJECT COSTS The Grantee agrees that it will provide for payment of its full share of Project costs and that all costs connected with the Project will be paid by the Grantee on a timely basis. I AUDIT DISALLOWANCES The Grantee agrees it shall return any audit disallowances to the State Water Board. J. FRAUD AND MISUSE OF PUBLIC FUNDS All invoices submitted shall be accurate and signed under penalty of perjury. Any and all costs submitted pursuant to this Agreement shall only be for the tasks set forth herein. The Grantee shall not submit any invoice containing costs that are ineligible or have been reimbursed from other funding sources unless required and specifically noted as such (i.e., match costs). Any eligible costs for which the Grantee is seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other eligible cost is illegal and constitutes fraud. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements of grant funds and/or termination of this Agreement requiring the repayment of all funds disbursed hereunder. Additionally, the Deputy Director of the Division of Financial Assistance may request an audit pursuant to Exhibit C, paragraph 4 and refer the matter to the Attorney General's Office or the appropriate district attorney's office for criminal prosecution or the imposition of civil liability. (Civ. Code, §§ 1572-1573; Pen. Code, §§470, 489-490 ) Gateway Water Management Authority State Water Board Grant Agreement No. 14-443-550 Page 13 of 20 EXHIBIT C GENERAL TERMS & CONDITIONS 1. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in the Agreement is binding on any of the parties. 2. APPROVAL: The Grantee will not proceed with any work on the Project until authorized in writing by the State Water Board, 3. ASSIGNMENT: This grant is not assignable by the Grantee, either in whole or in part, without the written consent of the State Water Board. 4. AUDIT: The Grantee agrees the State Water Board, the Bureau of State Audits, the Governor of the State, the Internal Revenue Service, or any authorized representative of the foregoing shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Division of Financial Assistance (Division), at its option, may call for an audit of financial information relative to the Project, where the Deputy Director of the Division determines that an audit is desirable to assure program integrity or where such an audit becomes necessary because of federal requirements. Where such an audit is called for, the audit shall be performed by a certified public accountant independent of the Grantee and at the cost of the Grantee. The audit shall be in the form required by the Division. The Grantee agrees to maintain such records for a possible audit for a minimum of thirty-five (35) years after final payment, unless a longer period of records retention is stipulated. The Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any contract related to performance of this Agreement. (Gov. Code, § 85446.7; Pub. Contract Code, § 10115 et seq.) 5. BONDING: Where contractors are used, the Grantee shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Grantee in the following amounts: faithful performance (100%) of contract value; labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. (Civ. Code, § 9550; Pub. Contract Code, § 7103.) 6. COMPLIANCE WITH LAW, REGULATIONS, ETC.: The Grantee agrees that it will, at all times, comply with and require its contractors and subcontractors to comply with all applicable federal and state laws, rules, guidelines, regulations, and requirements. Without limitation of the foregoing, the Grantee agrees that, to the extent applicable, the Grantee will comply with the provisions of the adopted environmental mitigation plan for the term of this Agreement, or the useful life of the Project, whichever is longer. 7. COMPUTER SOFTWARE: The Grantee certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws. 8. CONFLICT OF INTEREST: The Grantee certifies that it is in compliance with applicable state and/or federal conflict of interest laws. 9. CONTINUOUS USE OF PROJECT; LEASE OR DISPOSAL OF PROJECT: The Grantee agrees that, except as provided in the Agreement, it will not abandon, substantially discontinue use of, lease, or dispose of the Project or any significant part or portion thereof during the useful life of the Project without prior written approval of the Deputy Director of the Division. Such approval may be conditioned as determined to be appropriate by the Deputy Director of the Division, including a condition requiring repayment of all grant funds or any portion of all remaining grant funds covered by this Agreement together with accrued interest and any penalty assessments which may be due. 10. DAMAGES FOR BREACH AFFECTING TAX EXEMPT STATUS: In the event that any breach of any of the provisions of this Agreement by the Grantee shall result in the loss of tax exempt status for any state bonds, or if such breach shall result in an obligation on the part of the State to reimburse the federal government by Gateway Water Management Authority State Water Board Grant Agreement No. 14-443-550 Page 14 of 20 reason of any arbitrage profits, the Grantee shall immediately reimburse the State in an amount equal to any damages paid by or loss incurred by the State due to such breach_ 11 DATA MANAGEMENT: This Project includes appropriate data management activities so that Project data can be incorporated into appropriate statewide data systems. 12. DISPUTES: The Grantee shall continue with its responsibilities under this Agreement during any dispute. Any dispute arising under this Agreement which is not otherwise disposed of by agreement shall be decided by the Deputy Director of the Division, or his or her authorized representative The decision shall be reduced to writing and a copy thereof furnished to the Grantee and to the State Water Board's Executive Director The decision of the Division shall be final and conclusive unless, within thirty(30) calendar days after mailing of the Division decision to the Grantee, the Grantee mails or otherwise furnishes a written appeal of the decision to the State Water Board's Executive Director. The decision of the State Water Board's Executive Director shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal under this clause, the Grantee shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Grantee shall continue to fulfill and comply with all the terms, provisions, commitments, and requirements of this Agreement. This clause does not preclude consideration of legal questions, provided that nothing herein shall be construed to make final the decision of the State Water Board, or any official or representative thereof, on any question of law. 13. ENVIRONMENTAL CLEARANCE (CEQA/NEPA/STREAMBED ALTERATION): a. No work that is subject to the California Environmental Quality Act(CEQA) or National Environmental Policy Act(NEPA) may proceed under this Agreement until documents that satisfy the CEQA/NEPA process are received by the Grant Manager and the State Water Board has given environmental clearance. No work that is subject to an Environmental Impact Report or a Mitigated Negative Declaration may proceed until and unless approved by the Deputy Director of the Division. Such approval is fully discretionary and shall constitute a condition precedent to any work for which it is required. Proceeding with work subject to CEQA and/or NEPA without environmental clearance by the State Water Board shall constitute a breach of a material provision of this Agreement. b If this Project includes modification of a river or stream channel, it must fully mitigate environmental impacts resulting from the modification. The Grantee must provide documentation that the environmental impacts resulting from such modification will be fully mitigated considering all of the impacts of the modification and any mitigation, environmental enhancement, and environmental benefit resulting from the Project, and whether, on balance, any environmental enhancement or benefit equals or exceeds any negative environmental impacts of the Project. 14. FISCAL MANAGEMENT SYSTEMS AND ACCOUNTING STANDARDS: The Grantee agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit tracing of grant funds to a level of expenditure adequate to establish that such funds have not been used in violation of state law or this Agreement. The Grantee further agrees that it will maintain separate Project accounts in accordance with generally accepted accounting principles. 15. GOVERNING LAW: This grant is governed by and shall be interpreted in accordance with the laws of the State of California. 16. GRANTEE'S RESPONSIBILITY FOR WORK: The Grantee shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Grantee shall be responsible for any and all disputes arising out of its contracts for work on the Project, including but not limited to payment disputes with contractors and subcontractors. The State will not mediate disputes between the Grantee and any other entity concerning responsibility for performance of work. 17. INCOME RESTRICTIONS: The Grantee agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Grantee under this Agreement shall be paid by Gateway Water Management Authority State Water Board Grant Agreement No. 14-443-550 Page 15 of 20 the Grantee to the State, to the extent that they are properly allocable to costs for which the Grantee has been reimbursed by the State under this Agreement. 18 INDEPENDENT ACTOR: The Grantee, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees or agents of the State Water Board. 19 INSPECTION: The State Water Board, the Bureau of State Audits, or any authorized representative of the foregoing, shall have suitable access to the Project site at all reasonable times during Project implementation and thereafter for the useful life of the Project to ascertain compliance with this Agreement and its goals. The Grantee acknowledges that the Project records and location are public records. 20. INSURANCE: Throughout the useful life of the Project, the Grantee shall provide and maintain insurance against fire, vandalism and other loss, damage, or destruction of the facilities or structures constructed pursuant to this Agreement, if any. This insurance shall be issued by a company or companies admitted to transact business in the State of California. The insurance policy shall contain an endorsement specifying that the policy will not be cancelled or reduced in coverage without thirty (30) days prior written notice to the State Water Board In the event of any damage to or destruction of the Project or any larger system of which it is a part, the net proceeds of insurance shall be applied to the reconstruction, repair or replacement of the damaged or destroyed parts of the Project or its larger system. The Grantee shall begin such reconstruction, repair, or replacement as expeditiously as possible and shall pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same shall be completed and the larger system shall be free of all claims and liens. 21. NONDISCRIMINATION: a. During the performance of this Agreement, the Grantee and its consultants and contractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. b. The Grantee, its consultants, and contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. c. The Grantee, its consultants, and contractors shall comply with the provisions of the Fair Employment and Housing Act(Gov. Code, § 12990) and the applicable regulations promulgated thereunder(Cal Code Regs., tit. 2, § 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. d. The Grantee, its consultants, and contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement, if any. e. The Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. Failure by the Grantee to carry out these requirements and applicable requirements of 40 C.F.R. part 33 is a breach of a material provision of this Agreement which may result in its termination. �2 NO THIRD PARTY RIGHTS: The parties to this grant Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this grant Agreement, or of any duty, covenant, obligation or undertaking established herein. Gateway Water Management Authority State Water Board Grant Agreement No. 14-443-550 Page 16 of 20 23. NOTICE: a. The Grantee shall notify the State Water Board prior to conducting construction, monitoring, demonstration, or other implementation activities such that State Water Board and/or Regional Water Board staff may observe and document such activities. b. The Grantee shall promptly notify the State Water Board of events or proposed changes that could affect the scope, budget, or work performed under this Agreement. The Grantee agrees that no substantial change in the scope of the Project will be undertaken until written notice of the proposed change has been provided to the State Water Board, and the State Water Board has given written approval for such change. c. Discovery of any potential archeological or historical resource. Should a potential archeological or historical resource be discovered during implementation of the Project, the Grantee agrees that all work in the area of the find will cease until a qualified archeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the Deputy Director of the Division has determined what actions should be taken to protect and preserve the resource. The Grantee agrees to implement appropriate actions as directed by the Division. d. Discovery of any unexpected endangered or threatened species, as defined in the federal or California Endangered Species Acts. Should a federal or state protected species be unexpectedly encountered during implementation of the Project, the Grantee agrees to promptly notify the Deputy Director of the Division. This notification is in addition to the Grantee's obligations under the federal or state Endangered Species Acts e. The Grantee shall notify the State Water Board at least ten (10) working days prior to any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by State Water Board's representatives. f. The Grantee shall promptly notify the State Water Board in writing of completion of work on the Project. g. The Grantee shall promptly notify the State Water Board in writing of any cessation of all major construction work on the Project where such cessation of work is expected to or does extend for a period of thirty (30) days or more and of any circumstance, combination of circumstances, or condition, which is expected to or does delay completion of construction for a period of ninety (90) days or more beyond the estimated date of completion of construction previously provided. 24. OPERATIONS & MAINTENANCE: The Grantee shall maintain and operate the facility and structures constructed or improved as part of the Project throughout the useful life of the Project, consistent with the purposes for which this Grant was made. The Grantee assumes all operations and maintenance costs of the facilities and structures; the State Water Board shall not be liable for any cost of such maintenance, management or operation. The Grantee may be excused from operations and maintenance only upon the written approval of the Deputy Director of the Division. For purposes of this Agreement, "operation costs" include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses. "Maintenance costs" include ordinary repairs and replacements of a recurring nature necessary to prolong the life of capital assets and basic structures, and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. 25 PERMITS, CONTRACTING, AND DEBARMENT: The Grantee shall procure all permits and licenses necessary to accomplish the work contemplated in this Agreement, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. Any contractors, outside associates, or consultants required by the Grantee in connection with the services covered by this Agreement shall be limited to such individuals or firms as were specifically identified and agreed to during negotiations for this Agreement, if any, or as are specifically authorized by the State Water Board's Grant Manager during the performance of this Agreement. Any substitutions in, or additions to, such contractors, associates, or consultants, shall be subject to the prior written approval of the State Water Board's Grant Manager. The Grantee shall not contract with any party who is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, "Debarment and Gateway Water Management Authority State Water Board Grant Agreement No. 14-443-550 Page 17 of 20 Suspension". The Grantee shall not contract with any individual or organization on USEPA's List of Violating Facilities. (40 CFR, Part 31.35; Gov. Code, §4477)www.echo.epa gov. The Grantee certifies to the best of its knowledge and belief, that it and its principals: a Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department, the California Department of Industrial Relations (DIR) or Grantee; b Have not within a three (3)-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(federal, state or local)transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local)with commission of any of the offenses enumerated in paragraph (b)of this certification; and, d. Have not within a three (3)-year period preceding this application/proposal had one or more public transactions (federal, state or local) terminated for cause or default. 26. PREVAILING WAGES AND LABOR COMPLIANCE: If applicable, the Grantee agrees to be bound by all the provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to reimbursement from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. The Grantee certifies that it has a Labor Compliance Program (LCP) in place or has contracted with a third party that has been approved by the Director of DIR to operate an LCP. Current DIR requirements may be found at http://www dir.ca.gov/lcp.asp_For more information, please refer to DIR's Public Works Manual at: http://www.dir.ca.gov/dlse/PWManualCombined.pdf. 27. PROFESSIONALS: The Grantee agrees that only licensed professionals will be used to perform services under this Agreement where such services are called for. All technical reports required pursuant to this Agreement that involve planning, investigation, evaluation, or design, or other work requiring interpretation and proper application of engineering or geologic sciences, shall be prepared by or under the direction of persons registered to practice in California pursuant to Business and Professions Code, sections 6735, 7835, and 7835.1. To demonstrate compliance with California Code of Regulations, title 16, sections 415 and 3065, all technical reports must contain a statement of the qualifications of the responsible registered professional(s). As required by these laws, completed technical reports must bear the signature(s) and seal(s) of the registered professional(s) in a manner such that all work can be clearly attributed to the professional responsible for the work. 28. RECORDS: Without limitation of the requirement to maintain Project accounts in accordance with generally accepted accounting principles, the Grantee agrees to: a. Establish an official file for the Project which shall adequately document all significant actions relative to the Project; b. Establish separate accounts which will adequately and accurately depict all amounts received and expended on this Project, including all grant funds received under this Agreement; c. Establish separate accounts which will adequately depict all income received which is attributable to the Project, especially including any income attributable to grant funds disbursed under this Agreement; d Establish an accounting system which will adequately depict final total costs of the Project, including both direct and indirect costs; e. Establish such accounts and maintain such records as may be necessary for the state to fulfill federal reporting requirements, including any and all reporting requirements under federal tax statutes or regulations; and, Gateway Water Management Authority State Water Board Grant Agreement No. 14-443-550 Page 18 of 20 f If a Force Account is used by the Grantee for any phase of the Project, establish an account that documents all employee hours, and associated tasks charged to the Project per employee. 29. RELATED LITIGATION: Under no circumstances may a Grantee use funds from any disbursement under this Grant Agreement to pay costs associated with any litigation the Grantee pursues against the State Water Board or any Regional Water Board. Regardless of the outcome of any such litigation, and notwithstanding any conflicting language in this Agreement, the Grantee agrees to complete the Project funded by this Agreement or to repay all of the grant funds plus interest. 30 RIGHTS IN DATA: The Grantee agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, audio and video recordings, notes, and other written or graphic work produced in the performance of this Agreement shall be in the public domain. The Grantee may disclose, disseminate and use in whole or in part, any final form data and information received, collected, and developed under this Agreement, subject to appropriate acknowledgement of credit to the State Water Board for financial support. The Grantee shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so. 31. STATE REVIEWS AND INDEMNIFICATION: The parties agree that review or approval of Project applications, documents, permits, plans and specifications or other Project information by the State Water Board is for administrative purposes only and does not relieve the Grantee of its responsibility to properly plan, design, construct, operate, maintain, implement, or otherwise carry out the Project. To the extent permitted by law, the Grantee agrees to indemnify, defend and hold harmless the State Water Board and the State against any loss or liability arising out of any claim or action brought against the State Water Board and/or the State from and against any and all losses, claims, damages, liabilities or expenses, of every conceivable kind, character and nature whatsoever arising out of, resulting from, or in any way connected with (1) the Project or the conditions, occupancy, use, possession, conduct or management of, work done in or about, or the planning, design, acquisition, installation or construction, of the Project or any part thereof; (2) the carrying out of any of the transactions contemplated by this Agreement or any related document; (3) any violation of any applicable law, rule or regulation, any environmental law (including, without limitation, the Federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the California Hazardous Substance Account Act, the Federal Water Pollution Control Act, the Clean Air Act, the California Hazardous Waste Control Law and California Water Code, section 13304, and any successors to said laws), rule or regulation or the release of any toxic substance on or near the System; or, (4) any untrue statement or alleged untrue statement of any material fact or omission or alleged omission to state a material fact necessary to make the statements required to be stated therein, in light of the circumstances under which they were made, not misleading with respect to any information provided by the Grantee for use in any disclosure document utilized in connection with any of the transactions contemplated by this Agreement. To the fullest extent permitted by law, the Grantee agrees to pay and discharge any judgment or award entered or made against the State Water Board and/or the State with respect to any such claim or action, and any settlement, compromise or other voluntary resolution. The provisions of this section shall survive the term of this Agreement. 32. SUPPLEMENTAL ENVIRONMENTAL PROJECTS: Grant Funds shall not be used for supplemental environmental projects required by Regional Water Boards. 33. STATE WATER BOARD ACTION, COSTS, AND ATTORNEY FEES: The Grantee agrees that any remedy provided in this Agreement is in addition to and not in derogation of any other legal or equitable remedy available to the State Water Board as a result of breach of this Agreement by the Grantee, whether such breach occurs before or after completion of the Project, and exercise of any remedy provided by this Agreement by the State Water Board shall not preclude the State Water Board from pursuing any legal remedy or right which would otherwise be available. In the event of litigation between the parties hereto arising from this Agreement, it is agreed that each party shall bear its own filing costs and attorney fees. 34. TERMINATION, IMMEDIATE REPAYMENT, INTEREST: This Grant Agreement may be terminated by written notice at any time prior to completion of the Project, at the option of the State Water Board, upon violation by the Grantee of any material provision after such violation has been called to the attention of the Grantee and after failure of the Grantee to bring itself into compliance with the provisions of this Agreement within a reasonable time as established by the State Water Board. In the event of termination, the Grantee agrees, upon demand, to immediately repay to the State Water Board an amount equal to the amount of grant Gateway Water Management Authority State Water Board Grant Agreement No. 14-443-550 Page 19 of 20 funds disbursed to the Grantee prior to such termination. In the event of termination, interest shall accrue on all amounts due at the highest legal rate of interest from the date that notice of termination is mailed to/from the Grantee to the date of full repayment by the Grantee 35. TIMELINESS: Time is of the essence in this Agreement. The Grantee shall proceed with and complete the Project in an expeditious manner 36. TRAVEL AND PER DIEM: Any reimbursement for necessary travel and per diem shall be at rates not to exceed those set by the California Department of Human Resources These rates may be found at http:flwww calhr.ce-govlemployee PagesAravel-reimbursements asix. Reimbursement will be at the State travel and per diem amounts that are current as of the date costs are incurred by the Grantee. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the Grant Manager 37. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement shall continue to have full force and effect and shall not be affected thereby. 38. URBAN WATER MANAGEMENT: The Grantee certifies that this Project complies with the Urban Water Management Planning Act (Water Code, § 10610 et seq.). This shall constitute a condition precedent to this Agreement. 39. USEFUL LIFE OF PROJECT: For the purpose of this Agreement, the useful life of any constructed portions of this Project begins upon completion of construction and continues until fifty (50) years thereafter for pipelines and structures and twenty(20) years for all else. 40. VENUE: The State Water Board and the Grantee hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the United States District Court in and for the Eastern District of California. The Grantee hereby waives any existing sovereign immunity for the purposes of this Agreement. 41. WAIVER AND RIGHTS OF THE STATE WATER BOARD: Any waiver of rights with respect to a default or other matter arising under the Agreement at any time by either party shall not be considered a waiver of rights with respect to any other default or matter. Any rights and remedies of the State provided for in this Agreement are in addition to any other rights and remedies provided by law. 42. WATER CONSERVATION AND EFFICIENCY PROGRAMS: The Grantee acknowledges that it has appropriate water conservation and efficiency programs in place, and that this provision constitutes a condition of the grant award. A web link with examples of water conservation and efficiency programs is available at: htto:lAvww.waterboard!g.ca_QoviwntefrioMs4ater issues1programsld rough Uconservation.shtml. The Grantee also agrees to comply with the State Water Board's Drought Emergency Water Conservation regulations in sections 863-865 of title 23 of the California Code of regulations. If applicable, the Grantee agrees to include a discussion of progress and compliance in its reports submitted pursuant to Exhibit B of this Agreement. 43. WATER RIGHTS: The Grantee acknowledges that its eligibility for this Grant award is conditioned on its compliance with Water Code section 5103(e), if applicable. The Grantee further certifies that it is not required to file a Statement of Diversion and Use pursuant to Water Code section 5101. 44. WATERSHED MANAGEMENT PLAN CONSISTENCY: The Grantee certifies that any watershed protection activity undertaken as part of this Project will be consistent with the applicable, adopted, local watershed management plans and the applicable Water Quality Control Plan (Basin Plan and/or Statewide) adopted by a Regional Water Board or the State Water Board, where such plans exist. Any such activity occurring in the San Gabriel and Los Angeles watersheds shall be consistent with the San Gabriel and Los Angeles River Watershed and Open Space Plan as adopted by the San Gabriel and Lower Los Angeles Rivers and Mountain Conservancy and the Santa Monica Mountains Conservancy. 45 WITHHOLDING OF GRANT DISBURSEMENTS: The State Water Board may withhold all or any portion of the grant funds provided for by this Agreement in the event that the Grantee has materially violated, or threatens to materially violate, any term, provision, condition, or commitment of this Agreement; or the Grantee fails to maintain reasonable progress toward completion of the Project. Gateway Water Management Authority State Water Board Grant Agreement No. 14-443-550 Page 20 of 20 EXHIBIT D SPECIAL CONDITIONS Proposition 84 Stormwater Grant Program 1. The Grantee certifies that it is a local public agency (i.e., one of the following: a city, county, city and county, district, or a joint powers authority comprised entirely of local public agencies). 2. The Grantee certifies that this Project is intended to achieve one of the purposes set forth in Public Resources Code section 75050.2(a). 3. The Grantee certifies that any real property or interests in real property acquired for this Project shall be acquired from a willing seller. 4. The Grantee certifies that it is providing a match in the amount of at least 20% of the total Project cost. 5. The Grantee certifies that in no event will it complete this Project later than MARCH 31, 2017. It acknowledges that this condition is a material condition of this Agreement. of Ve RECEIVED ' �4 6 JAN 15 2015 CITY CLERK'S OFFICE JOINT STAFF REPORT CITY ADMINISTRATION & HUMAN RESOURCES DATE: January 20,2015 TO: Honorable Mayor and City Council FROM: Mark C. Whitworth, City Administrator ��.J Teresa McAllister, Director of Human Resources" RE: CITY COUNCIL DETERMINATION IN THE GRIEVANCE APPEAL PROCESS REGARDING THE CITY OF VERNON FIREMEN'S ASSOCIATION GRIEVANCE OF ARTICLE,THREE, SECTION 7 OF THE 2012-2014 MOU—MERIT STEP ADVANCEMENT Recommendations It is recommended that the City Council: 1) Find that this staff report outlining the background of and staff s recommendation to deny a grievance filed by the City of Vernon Firemen's Association(VFA) 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) Deny the grievance filed on behalf of the Vernon Firemen's Association, and all represented VFA employees alleging breach of merit salary step provision in applicable 2012-2014 Memorandum of Understanding between the VFA and the City. Background and Timeline of Events • At the City Council meeting of June 8, 2009, as part of the 2009-2010 budget review and adoption process, the Council approved a freeze on all employee merit step increases effective July 1, 2009. The June 8, 2009 City Council minutes are attached hereto as Exhibit A. The freezing of merit step increases was a tool used to help meet budget reduction goals as a result of the economic conditions having a negative impact on the City's general operating revenues. • Effective April 19, 2011, VFA and the City entered into a Memorandum of Understanding (MOU) effective April 19, 2011 through June 30, 2011. Notably, the MOU became effective after City Council adopted the fiscal year 2010-2011 budget. I • As part of the 2011-2012 budget review and adoption process, the City Council allocated funds for a "one-time" merit increase for all eligible City employees if subsequently authorized by Council. Such subsequent authorization was granted by City Council at its meeting of January 3, 2012, to implement one-time, one-step merit increases effective January 3, 2012. The corresponding City Administration Staff Report dated December 13, 2011, and January 3, 2012 City Council minutes are attached hereto as Exhibit B. ■ Effective July 1, 2011 through June 30, 2012, VFA and the City entered into a successor MOU. During the term of the contract, all eligible VFA members received the one-time, one step increase effective January 3, 2012 as approved by City Council as part of the 2011-2012 budget review and adoption process. • Effective July 1, 2012 through June 30, 2014, VFA and the City entered into another successor MOU; the issue of salaries and merit step increases were discussed during these MOU negotiations. Notably, no unit member received a merit step increase beyond the City Council's authorized increase effective January 3, 2012. • As part of the 2012-2013 budget review and adoption process, the City Council approved the continuation to freeze all citywide merit step increases. A budget-related summary presented by the City Administrator on June 12, 2012 included various cost saving and revenue generating measures that were proposed to continue or be implemented anew in 2012-2013 in order to address the structural deficit in the City's General Fund. The presentation pointed out that annual step increases had been frozen since 2009. The June 12, 2012 City Council minutes and PowerPoint presentation given by the City Administrator are attached hereto as Exhibit C. • As part of the 2013-2014 budget review and adoption process, the City Council approved the continuation to freeze all citywide merit step increases. At its meeting of June 18, 2013, the City Council approved the 2013-2014 fiscal year budget containing the overall cost savings (implementation of PARS and withheld merit step increases) for the department's budgets for fiscal year 2013-2014. • On September 11, 2013, Robert Wexler, Attorney for VFA, requested a meeting to discuss the issue of merit step increases. City staff met with Mr. Wexler and certain members of VFA on September 30, 2013. VFA strongly urged the City to reinstate the merit step increases of their members which had been frozen since 2009. VFA believed the reinstatement of merit step increases for VFA members would be a minimal (approximately $100,000) impact to the City. VFA asked that the City Administrator authorize the Finance Department/Payroll division to provide payroll information relating to their members, in order to present a financial impact to the City at a subsequent meeting relating to the reinstatement of VFA merit step increases. Mr. Wexler failed to follow-up with the Human Resources Director regarding the subsequent meeting. • On January 23, 2014, the City Administrator received a letter from VFA Attorney Richard Levine, demanding the immediate resumption of salary increases for employees represented by VFA. The City responded and requested clarification to ensure that the 2 City responds appropriately and in accordance with proper procedures as set forth in the 2012/2014 MOU. Mr. Levine responded that the City Council did not timely and/or appropriately act to suspend salary step increases. Mr. Levine requested that the City resolve this matter or alternatively waive the exhaustion of the Grievance Procedure so that the matter could be adjudicated in Court. ■ On February 26, 2014, the City and the VFA began negotiations for a successor MOU. Several proposals and discussions ensued regarding merit step increases of VFA members and the city's financial ability to pay. • Between April 14 and April 17, 2014, approximately thirteen (13) grievances were filed by various employees represented by VFA. The grievances alleged that VFA members' merit increases (based on anniversary dates at various times in calendar year 2013) were withheld in violation of Article Three, Section 7 of the 2012-2014 MOU between the City and the Vernon Firemen's Association. Between April 21 and April 24, 2014, the City timely responded at Step 1 (Supervisor Response) of the grievance procedure to ten (10) of the grievances filed by employees represented by VFA. Ten (10) grievances were denied based upon Article 9, Grievance Procedures, of the VFA 2012-2014 MOU which requires presentation of the grievance within ten days of the occurrence of the action being grieved. The action forming the basis of the employee's grievance was according to their written grievance submission, the 2013, nonpayment of a merit step increase. The grievances filed were all over eight to nine months after the occurrence of the action. Therefore, the basis for the City's denial of the grievance was that they were untimely under the MOU provisions governing the grievance procedure. Three (3) of the grievances filed were timely and the City responded at Step 1 (Supervisor Response) informing employees that supervisors lack authority to provide the remedy they seek and therefore denied the grievance and referred the grievant to Step 2 of the grievance process which was the Fire Chief. • On April 30, 2014, the Fire Chief responded at Step 2 of the grievance procedures to the three (3) grievances remaining by VFA employees. The Fire Chief responded that the withholding of merit increases was an action taken by the City Council in accordance with Article Three, Section 7, Merit Step Increases of the 2012-2014 MOU which states: "The promotion or salary increase to said grade shall remain the sole discretion of the City Council". The Fire Chief lacked the authority for the remedy the grievant sought and therefore denied the grievance and referred them to Step 3 of the grievance process, which is to be submitted to mediation with the California State Conciliation Service. ■ On May 1, 2014, the Vernon Firemen's Association filed a concurrent grievance on behalf of all its represented members and joined in the pending three (3) grievances described above (referred to herein as the "collective grievance"). VFA alleged the City denied salary step increases in breach and violation of Article Three, Section 7, Merit Step Increases. 3 VFA contends that the language contained in the MOU entitles VFA-represented employees to a mandatory salary step increase each year upon satisfactory performance, unless the City Council takes formal legislative action to deny such salary step progression. The VFA contends that the City Council failed to take formal legislative action to deny salary step increases during the fiscal year 2013-2014 (as well as during fiscal years 2010/2011, 2011/2012, and 2012/2013). VFA further requests that the City implement retroactive salary step increases for all of its represented employees occupying Salary Steps 4 or higher upon satisfactory performance, effective their yearly employment anniversary date. On May 7, 2014, Fire Chief Michael Wilson responded to VFA at Step 2 of the class- action grievance. Chief Wilson informed the Association that the VFA collective grievance was also deemed to be at Step 3 (Mediation). Given the VFA's joinder in the three underlying grievances and the commonality of issues, the City now considered this a single grievance and submitted the matter for mediation. ■ Between June 1, 2014 and July 20, 2014, the City received approximately thirteen (13) new grievances filed by various employees represented by VFA alleging the continuance and commonality of issues regarding merit increases. This time however, the alleged violation was for withheld merit increases for calendar year 2014 and VFA contended that the City Council failed to take formal legislative action denying salary step increases for the 2013-2014 fiscal year in addition to prior years of inaction. The grievants alleged this was a violation of Article Three, Section 7 of the 2012-2014 MOU between the City and the Vernon Firemen's Association. Between June 4, 2014 and July 21, 2014, Teresa McAllister, Director of Human Resources responded to all grievants at Step 2 of the grievance procedure. Ms. McAllister informed all grievants that VFA had joined in the pending merit increase grievances brought by several individual employees. The grievance had progressed to Step 3 of the process and all grievances were considered as a single grievance and therefore will proceed through one mediation process. ■ The City and VFA agreed to an informal mediation process and on July 15, 2014 met with Mediator, John Bishop, former LA County Fire Association President. The parties were unable to settle the dispute at the informal mediation process and consequently moved the matter to formal mediation(Step 3) with the State of California Mediation and Conciliation Service. • Pursuant to Step 3 of the Grievance Procedure in Article Nine of the 2012-2014 MOU between the City and the VFA, the parties met on November 12, 2014 with a representative of the State of California Mediation and Conciliation Service. Loretta Van Der Pool of the State Mediation and Conciliation Service served as the mediator for this process. The parties were unable to resolve the issue at mediation and consequently the matter is before the City Council at Step 4 of the 2012-2014 Grievance procedure. 4 Factors Considered by City Staff to deny the Grievance filed by VFA The Association contends that the City Council failed to take formal legislative action to deny salary step increases during the fiscal year 2013-2014 (as well as during fiscal years 2010/2011, 2011/2012, and 2012/2013). City staff disagrees with the Association's contention based upon the following: 1. Each fiscal year, step increases and other personnel-related costs are formally addressed by the City Council as part of the budget review and adoption process. Based on the City's overall financial position at the time, the City Administrator specifically recommends the inclusion or exclusion of step increases for a particular fiscal year, and the City Council ultimately decides whether to include or exclude step increases, thereby exercising its sole discretion. 2. FY 2009—2010 - At its Special meeting held on June 8, 2009,the City Council approved the fiscal year budget for 2009-2010. The budget adoption included the City Administrator's recommendation to freeze all step increases for fiscal year 2009-2010. (See Exhibit A—Minutes of the Special City Council Meeting—June 8, 2009.) 3. FY 2010 —2011 - As part of the budget process for 2010/2011, it was recommended that salaries continue to be frozen as the city's financial constraints continued as a result of the economic downturn. An additional factor considered was that VFA and the City did not enter into a MOU until April 19, 2011 through June 30, 2011. This occurred at the end of fiscal year 2010- 2011, after City Council had already approved the 2010-2011 budget, and approved the continuation to freeze citywide merit step increases. No unit member received a merit step increase during the term of this contract and no grievance had been filed alleging the City Council failed to take action to deny salary step increases during the period of April 19, 2011 through June 30, 2011. Employees represented by VFA would have been aware of the occurrence of the action (freeze of merit increases) taken by City Council. Therefore, any alleged violations for 2010/2011 fiscal year should be rejected as untimely. 4. FY 2011-2012 - As the VFA's grievance contends step increases have been frozen citywide since the 2009/2010 fiscal year. At its meeting of August 16, 2011, upon conclusion of the annual budget process, the City Council approved the fiscal year 2011- 2012 budget, which included an allocation of$300,000 for one-time, one-step increases to all eligible employees if subsequently authorized by Council. Such subsequent authorization was granted by City Council at its meeting of January 3, 2012, to implement one-time, one-step merit increases effective January 3, 2012. (See Exhibit B— Minutes of the Regular City Council Meeting—January 3, 2012.) 5. FY 2012-2013 - As part of the budget adoption process for 2012-2013, the City Administrator recommended that the City Council continue to freeze citywide merit step increases during fiscal year 2012-2013 as one of numerous cost-saving efforts to meet 5 expenditures with revenues. (See Exhibit C — Minutes of the Regular City Council Meeting—June 12, 2012; and City Administrator PowerPoint Presentation.) An additional factor considered was VFA and the City entered into another successor MOU effective July 1, 2012 through June 30, 2014. During the negotiation process, the City strongly emphasized that merit step increases were not automatic and promotions and salary increases would remain at the sole discretion of the City Council. Mr. John Bishop, former LA County Fire Association President and the City's Chief Negotiator during this time, would be willing to attest to this discussion held with VFA should the City Council require his written or verbal statement. 6. FY 2013-2014 - On November 6, 2012, City staff reported to City Council that the current economic conditions continued to have a negative impact on the City's general operating revenues. The updated projections for fiscal year (2013/2014) indicated a structural budget shortfall (spending in excess of revenues). As an additional tool to help meet budget reduction goals, the City Council adopted a supplemental retirement program with the Public Agency Retirement System (PARS)to accelerate the normal rate of attrition, thus allowing the City to rapidly reduce its workforce and create additional budget savings that help address the City's budget shortfall. At its meeting of June 18, 2013, the City Council approved the 2013-2014 fiscal year budget containing the overall cost savings (implementation of PARS and withheld merit step increases) for the department's budgets for fiscal year 2013-2014. Freezing of citywide merit increases, including all employee related compensation matters, were appropriately presented to City Council for consideration during the budget review and adoption process. Staff informed City Council that efforts continued to further identify operational efficiencies and to reduce costs. Another factor considered was the December 17, 2013 public presentation made by Dean Richens, President of the VFA (Exhibit D). During the December 17, 2013 City Council meeting Mr. Richens publicly acknowledged, "There has been a merit step freeze for the last five years". He understood that the City had budget concerns, but advised that increasing the Fire Department's budget needs to be considered. Through Mr. Richens' public acknowledgement, it is apparent that VFA was well aware of the City Council's continued budget action that maintained a freeze on merit step increases. Staff Recommendation Based on the foregoing, City staff recommends that City Council deny the grievance filed on behalf of the Vernon Firemen's Association, and all represented VFA employees alleging breach of merit salary step provision in applicable 2012-2014 Memoranda of Understanding between the VFA and the City. In summary, City staff contends: 1. Article Three, Section 7, Merit Step Advancement of the VFA 2012-2014 MOU states; "The promotion or salary increase to said grade shall remain at the sole discretion of the City Council': As outlined above, the City Council has exercised its sole discretion 6 through each annual budget adoption process. Freezing of citywide merit increases, including all employee related compensation matters, were appropriately presented to City Council for consideration during each fiscal year budget review and adoption process. There is no language contained in the MOU that specifically states what method or procedure the City Council must employ to deny merit step increases. 2. In accordance with Section Nine, Grievance Procedure of the 2012-2014 MOU, the aggrieved employee shall present orally or in writing to his immediate supervisor within ten (10) working days of the "occurrence of the action" giving rise to the grievance. The action forming the basis of the employees and VFA grievance was according to their written grievance submission in 2014. The basis for staff s recommendation to deny the grievance is also in part that the grievances were untimely under the MOU provisions governing the grievance procedure. The occurrence of the action (freeze on merit increases) gave rise to the grievant since its initial action taken by City Council effective July 1, 2009 and continuing to-date. City staff contends the continuance and commonality of issues regarding merit increases have been occurring for more than five years. Therefore any alleged violations occurring for fiscal years 2010/2011, 2011/2012, 2012/2013, and 2013/2014 should be rejected as untimely due to the continuance of the occurred action. Fiscal Impact Should the City Council deny the VFA grievance there is no financial impact. Should the City Council approve the VFA grievance the approximate financial impact is $356,795, in addition to any potential financial impact the City could face if other recognized employees/employee organizations with a similar MOU provision respecting merit step increases, filed grievances against the City. 7 EXH I BIT A MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF VERNON HELD MONDAY, JUNE B, 2009, AT 2:12 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Gonzales, Malburg, Davis, Maisano MEMBERS ABSENT: McCormick The meeting was called to order by Mayor Gonzales. Special Counsel advised that there were no changes to the agenda. Special Counsel announced to the audience that this wag the time for public comments. Mayor Gonzales asked if there was anyone in the audience who wished to address the City Council at this time. The City Administrator advised of the new approach he is taking in an attempt to match revenues against expenses and his directive to all department heads to reduce their budgets by at least 8t in addition to a freeze on all step increases for the upcoming fiscal year. He also reported that capital projects would be set aside until funds become available. Special Counsel supported the City Administrator's strategy to balance the city's revenues against expenses. He also provided a summary of the state's financial status and how the state's budget would financially affect all cities. The City Administrator discussed the importance of having funds available to invest in renewable energy, if necessary, to secure the city's survival in future years. There was no one else in the audience who wished to address the City Council at this time. Special Counsel announced that now was the time to begin the 2009-2010 budget review. The City Administrator addressed in detail the proposed 2009-2010 budgets for the following departments: 1. L & P - Transmission & Distribution 2. L & P - Administration 3. Fiber Optics 4. Gas 5. Gas Financing Special City Council Meeting Minutes June 8, 2009 There being no further business to come before the City Council at this time, it was moved by Davis, seconded by Maisano, that the meeting be adjourned, the time being 3:27 p.m. Motion carried. Name: Hilario tonzales. Title: Mayor ATTEST: anuela Giron City Clerk Page 2 of 2 EXHIBIT B RECEWEE 4 DEC 1 5 20.11 Ur C YCLERK'SufrlUl STAFF REPORT CITY ADMINISTRATION DATE: December 13, 2011 TO: Honorable City Council FROM: Mark C. Whitworth, City Administrator RE: Implementation of Certain Budget-Approved Expenditures On Autust 16, 2011 the City Council approved the budget for fiscal year 201 1-2012. The budget appropriated expenditures for the following: ■ One-time, one-step increases for eligible employees, • Adjustments for certain department heads to the levels prescribed pursuant to the results of the salary survey conducted in line with the Van de Kamp recommendations. ■ Reclassification of certain employees. subject to the adoption of the corresponding resolution to establish the proposed new position and related scale. The aforementioned adjustments will be implemented effective January 1. 2012, unless other-vise directed by the City Council. 1 look forward to discussing this matter with you at the next City Council meeting. MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, JANUARY 3, 2012, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Davis, McCormick, Maisano, Newmire MEMBERS ABSENT: None The meeting was called to order at 9:17 a.m. by Mayor Pro-Tem Davis. Kevin Monge of the Boy Scouts Troop 419 led the flag salute. The City Clerk announced a change to the agenda. Under the Service Pin Awards, Stephanie Johnson's years of service is corrected to 10 years as opposed to 15 years. The City Clerk also announced that the December 20, 2011, effective dates on the agenda items will be reflected as January 3, 2012, due to the continuation of the agenda. It was moved by McCormick and seconded by Maisano to amend the agenda as recommended. Motion carried, 4-0. ELECTION MATTMU 1. Election of Mayor pursuant Chapter 3.5 of the City of Vernon Charter. If necessary, selection of Mayor Pro Tem pursuant to Chapter 3.6 of the Charter. The City Clerk called for nominations. It was moved by Councilman McCormick to nominate Mayor Pro-Tem Davis as Mayor; it was seconded by Davis. Councilman Maisano moved to nominate Councilman Newmire as Mayor; it was seconded by Newmire. Counsel Dana Reed suggested a roll call vote. The City Clerk called each councilmember by name requesting their vote: • Councilman Newmire: Newmire • Councilman Maisano: Newmire Councilman McCormick: Davis Mayor Pro-Tem Davis: Davis The City Clerk announced that there was no majority vote. A Mayor was not elected. 2. Resolution No. 2011-04 - A Resolution of the City Council of the City of Vernon Reciting the Fact of the Municipal Election Held on November 8, 2011 and the Special Mailed Ballot Election Held on November 22, 2011, Declaring the Results and such other Matters as Provided by Law It was moved by McCormick and seconded by Newmire to approve Resolution No. 2011-04. Motion carried, 4-0. In response to Councilman Newmire's inquiry on the election for the 5th vacant seat, Counsel Reed and Whitworth advised that it was up to City Council to give direction to staff to call for an election. Regular City Council Meeting Minutes January 3, 2012 i It was moved by Newmire and seconded by Maisano to place the calling of an election on the next agenda. Motion carried, 4-0. The City Clerk announced that this was the time allotted for public comment. The Mayor Pro-Tem inquired whether anyone in the audience wished to address the City Council. Ethics Advisor John Van de Kamp recommended an amendment to the City Charter that would address the issue of an election with multiple open seats. Counsel Reed advised that Council has the opportunity to direct staff to include the proposed charter amendment on the next election_ PRESENTATIONS Mayor Pro-Tem presented a service pin to Stephanie Johnson, Lead Records Technician, for her 10 years of service. The City Council also recognized Cynthia Mireles, Administrative Assistant, for her 5 years of service who was unable to attend the meeting. The City Clerk read and presented Lew Pozzebon with a proclamation for his many years of service as Director/Health Officer on behalf of the City Council. Pozzebon thanked the City Council for their support during his 26 years of service. The City Clerk read Resolution No. 2012-01 - A Resolution of the City Council of the city of Vernon Commending and Honoring Former Mayor Hilario Gonzales for His Many Years of Service to the City of Vernon. It was moved by McCormick and seconded by Maisano to approve Resolution No. 2012-01. Motion carried, 4-0. Former Mayor Hilaric Gonzales reflected on his years in Vernon, and expressed his appreciation towards the City and its employees. Nil-=Es It was moved by Maisano and seconded by Newmire to approve the Minutes of the Regular City Council Meeting held November 15, 2011. Motion carried, 4-0. It was moved by McCormick and seconded by Newmire to approve the Minutes of the Regular City Council Meeting held December 6, 2011. Motion carried, 4-0. It was moved by Newmire and seconded by Maisano to approve the Minutes of the Special City Council Meeting held December 15, 2011. Motion carried, 4-0. It was moved by McCormick and seconded by Davis to approve the Minutes of the Regular City Council Meeting held December 20, 2011. Maisano and Newmire abstained. The minutes are to be filed and recorded. Page 2 of 11 Regular City Council Meeting Minutes January 3, 2012 It was moved by McCormick and seconded by Davis to approve the Minutes of the Special City Council Meeting held December 22, 2011. Maisano and Newmire abstained. The minutes are to be filed and recorded. PUBLIC HEARINGS At 9:45 a.m., it was moved by McCormick and seconded by Maisano to open the public hearing to consider the adoption of the proposed water rate adjustments. Director of Community Services & Water Department Kevin Wilson made a presentation on the water rate increases. Wilson proposed a 1.89g increase for the meter charges, a 16.840 increase for the commodity charge, and an 11.49W increase for the square footage charge. In total, the new proposed rate increases are estimated to have a 7.82t increase on revenues collected. Wilson advised that while the proposed recycled water rate would be a decrease to customers, the Malburg Generating Station was the only user. At 10:01 a.m., it was moved by McCormick and seconded by Maisano, to close the public hearing. Motion carried, 4-0. Resolution No. 2012-05 - A Resolution of the City Council of the City of Vernon Establishing the Rates for the Sale of water in the City of Vernon in Accordance with the Vernon City Code and Ordinance No. 1029 It was moved by Maisano and seconded by McCormick to approve Resolution No. 2012-05. Motion carried, 4-0. CONSBNT CALENDAR It was moved by McCormick and seconded by Maisano, that the matters on the Consent Calendar be approved as recommended. Motion carried, 4-0. 1. Warrant Registers a. Ratification of City Warrant Registers to record the following voided checks: 1. City Warrant Register No. 1338 to record voided check no. 334043 in the amount of $23.90; and 2. City Warrant Register No. 133B to record voided check no. 334077 in the amount of $10.00; and 3. City Warrant Register No. 1338 to record voided check no. 334091 in the amount of $555.98; and 4. City Warrant Register No. 1341 to record voided check no. 334514 in the amount of $100.00; and S. City Warrant Register No. 1347 to record voided check no. 335632 in the amount of $565.30; and 6. City Warrant Register No. 1347 to record voided check no. 335637 in the amount of $565.30; and 7, City Warrant Register No. 1347 to record voided check no. 335683 in the amount of $344.00; and e. City Warrant Register No. 1347 to record voided check no. 335684 in the amount of $115.15. Page 3 of 11 Regular City Council Meeting Minutes January 3, 2012 b. Ratification of City Warrant Registers to record the following voided checks: I. City Warrant Register No. 1340 to record voided check no. 334292 in the amount of $61.92; and 2. City Warrant Register No. 1345 to record voided check no. 335232 in the amount of $30.00. c. Approval of Payroll Warrant Register No. 666, totaling $2,611,356.88, which covers the period of October 9 through November 5, 2011, and consists of the following: 1. Ratification of electronic fund transfers (EFTS) totaling $2,585,799.60; and 2. Checks paid through General Fund Warrant Register totaling $25,557.28. d. Approval of City Warrant Register No. 1348, totaling $1,518,582.34, which covers the period of November 29 through December 26, 2011, and consists of the following: 1. Ratification of wire transfers totaling $105,283.79; and 2. Ratification of the issuance of early checks totaling $1,003,580.33; and 3. Authorization to issue pending checks totaling $409,718.22. 2. Community Services a. Building Department Report for the month of November 2011, to be received and filed. 3. Fire Department a. Activity Report for the period of November 1 through November 15, 2011, to be received and filed. b. Activity Report for the period of November 16 through November 30, 2011, to be received and filed. c. Activity Report for the period of December 1 through December 15, 2011, to be received and filed. 4. Health Department a. November 2011 Monthly Report, to be received and filed. 5. Police Department a. Activity Log and Statistical Summary of Arrest and Activities for the period of November 16, through November 30, 2011, to be received and filed. b. Activity Log and Statistical Summary of Arrest and Activities for the period of December 1, through December 15, 2011, to be received and filed. Page 4 of 11 Regular City Council Meeting Minutes January 3, 2012 RESOLUTIONS 1. Reselution No. 2012-06 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Engagement Letter Agreement By and Between the City of Vernon and John Van de Kamp and Dewey & LeBoeuf LLP to serve as an Independent Reform Monitor It was moved by McCormick to approve Resolution No. 2012-06. Councilman Newmire questioned the resolution, as to whether other candidates were considered. City Administrator Whitworth reported that on August 25, 2011, City Council unanimously approved Resolution No. 2011-149 which authorized the City Administrator to seek an independent reform monitor. In response to Councilman Newmire's concerns, Ethics Advisor John Van de Kamp explained that the engagement letter falls in line with Senator Kevin De Leon's reforms and that they are trying to fulfill what the City Council had decided earlier and voter needs. Councilman Maisano expressed his concerns over the legal costs and the City's solvency to which City Administrator Whitworth stated that the projections were approved in the July budget. In response to Maisano's request for a break down on the billing Van de Kamp recommended an executive session, so that Council has a better idea of what services the firms provide. He recommended that as Council employs outside counsel, government rates should be negotiated. McCormick moved and Davis seconded to approve Resolution No. 2012-06. Motion carried, 4-0. 2. Resolution No. 2012-07 - A Resolution of the City Council of the City of Vernon Amending Resolution No. 2011-129 regarding the Compensation, Costs and Benefits of its Employees ("Personnel Resolution") by Amending Sections 9, 10 and 15(C) and Schedule No. III of the Personnel Resolution (Amendment No. 1) It was moved by McCormick and seconded by Davis to approve Resolution No. 2012-07. Motion carried, 4-0. 3. Resolution No. 2012-08 - A Resolution of the City Council of the City of Vernon Approving and Accepting the Quitclaim Deed Dedicating in Fee a Portion of the Property Located at 3030 Atlantic Boulevard It was moved by McCormick and seconded by Newmire to approve Resolution No. 2012-08. Motion carried, 4-0. 4. Resolution No. 2012-09 - A Resolution_ of the City Council of the City of Vernon Authorizing the Issuance of a Request for Proposals for Engineering Design and Construction Support Services for Well 21 It was moved by Newmire and seconded by McCormick to approve Resolution No. 2012-09. Motion carried, 4-0. Page 5 of 11 Regular City Council Meeting Minutes January 3, 2012 5. Resolution No. 2012-10 - A Resolution of the City Council of the City of Vernon Approving and Authorizing Notice Inviting Sealed Proposals or Bids for the Purchase of Two 2012 Chevrolet Tahoe Police Patrol Vehicles and One 2011 Ford Crown Victoria Police Interceptor for the Police Department It was moved by Newmire and seconded by Maisano to approve Resolution No. 2012-10. Motion carried, 4-0. 6. Resolution No. 2012-11 - A Resolution of the City Council of the City of Vernon Authorizing the Issuance of a Request for Proposals for the Engineered Design of a Temporary Closed Water System, Elevated Tank Standpipe Repair and Technical Support Services It was moved by McCormick and seconded by Newmire to approve Resolution No. 2012-11. Motion carried, 4-0. ORDINANCES 1. ORDINANCE No. 1190 - An Ordinance of the City Council of the City of Vernon Establishing Administrative Enforcement Provisions and Nuisance Abatement Procedures and Amending the Vernon City Code to Allow for Administrative Procedures for the Removal of Abandoned Vehicles (first reading) Interim Police Chief Daniel Calleros advised that the proposed Ordinance will establish administrative procedures to allow the Police Department to enforce the code and provide for a hearing process. It was moved by Newmire and seconded by McCormick to approve the first reading on Ordinance No. 1190. Motion carried, 4-0. 2. ORDINANCE No. 1191 - An Ordinance of the City Council of the City of Vernon Amending Ordinance No. 1187 relating to Living wages to Remove Language in Section 2.132(b) (first reading) City Administrator Whitworth reported that on October 4, 2011, Ordinance No. 1187, regarding living wage, was adopted as part of the good governance reforms. The ordinance was modeled after the City of Los Angeles and allowed for employees to be compensated twelve (12) days in the silo of either vacation or sick pay. The City allows for sixteen (16) compensated days, eight (8) vacation days and eight (8) sick days. Whitworth explained that the ordinance will not alter the number of days allowed by the City; it will simply clarify what those days will be. It was moved by Newmire and seconded by Maisano to approve the first reading of Ordinance No. 1191. Motion carried, 4-0. NEW BUSINESS ). Approval of the agreement with Christopher Lancaster and Civic Publications, and authorization for the City Administrator to issue purchase orders for various advertising opportunities at the stated costs. Page 6 of 11 Regular City Council Meeting Minutes January 3, 2012 City Administrator Whitworth advised that the request is for publications in order to comply with the transparency reforms. Councilman Newmire inquired as to what would happen if Council disapproved. In response, Whitworth advised that if the City wants to send a message to the public, the expense is necessary. It was moved by McCormick and seconded by Davis to approve the agreement with Lancaster and Civic Publications. Motion carried, 4-0. 2. Authorization to issue a monthly purchase order to L.N. Curtis & Sons for the service and repairs of the Fire Department's Sperian SCBA equipment. It was moved by Newmire and seconded by Maisano to authorize the L.N. Curtis & Sons purchase order. Motion carried, 4-0. 3. Acceptance of donation from YN Apparel by the City Council for the proposed uses. Fire Marshall Jed recommended that it would be appropriate to send Mr. Cheong a letter thanking him for his generosity. It was moved by McCormick and seconded by Maisano to accept the donation from YN Apparel. Motion carried, 4-0. 4. The Mayor's selection of a Council member to serve on the Vernon Housing Commission for the unexpired term, subject to ratification by the City Council. Counsel Dana Reed advised that since no Mayor was elected, the Mayor Pro-Temp has the duties of the Mayor. Mayor Pro-Tem Davis announced that he is recommending himself to serve on the Vernon Housing Commission. The recommendation was moved by McCormick and seconded by Newmire. Motion carried, 4-0. S. Authorization to issue a purchase order to RoboVu for the purchase of mobile computer terminals for the Police Department. It was moved by Newmire and seconded by Maisano to authorize the Robovu purchase order. Motion carried, 4-0. 6. Authorization to execute letter to Senator Kevin De Leon regarding the Harbor Toxics TMDL. Director of Community Services & Water Department Kevin Wilson expressed his concern over the cost arising from toxic cleanup of harbors being passed down to the cities. He recommended a letter be sent to Senator Kevin De Leon requesting that the issue be sent back to Los Angeles Regional Water Quality Control Board. It was moved by Maisano and seconded by Newmire to authorize the letter to Senator De Leon. Motion carried, 4-0. 7. Appointment of members to the Sustainable Development and Energy Efficiency Commission (SDEEC) . Page 7 of 21 Regular City Council Meeting Minutes January 3, 2012 Category Recommendation Business Representative Jim Andreoli Jr. . Business Representative Albert ialimi Business Representative Ingun Littorin Labor Re resentative Armando Espinoza Labor Representative Jaime Villanueva Environmental Representative Peter Corselli Environmental Justice Representative IMichael Gavina It was moved by McCormick and seconded by Newmire to appoint the recommended members to the SDEEC. Motion carried, 4-0. DISCUSSION AND POSSIBLE ACTION 1. Implementation of budget approved expenditures effective January 1, 2012. City Administrator Whitworth advised that these expenditures will implement previously approved budget items including a one time, one step increase to employees, various Department Head adjustments and reclassifications pursuant to the resolution previously approved. Whitworth explained that since the step increases were not implemented as of July 1, 2011, the City will have savings of approximately $170,000 for fiscal year 2012. The change will reportedly affect 89 city employees. Whitworth addressed the Council member's concerns and advised that additional information on the step increases is available to the Council members' through the Personnel Department. Mayor Pro-Tern Davis proclaimed that employees have dedicated many years and have gone without increases for several years. Davis moved to implement the step increases, and was seconded by McCormick. Motion carried, 4-0. Whitworth announced that he would provide Council a list of the individuals. ORAL REPORTS City Administrator Whitworth congratulated Lew Pozzebon and Hilario Gonzales on their retirement and wished them both continued success. Whitworth reported the recent dissolution of the Redevelopment Agency. Counsel Dana Reed advised that one of the concerns is who will be the successor of the RDA. By default, the City is named, but if it chooses not to be the successor, Council will have to take action. Whitworth reported on the search firm process. Whitworth reported that the Business Development Committee has been formed. Members include the following: • William Davis • Michael McCormick Page 8 of 11 Regular City Council Meeting Minutes January 3, 2012 • Mark Whitworth • Steve Halpin • Reid Delphey • Tim Hatfield OR Marisa Olguin • John McMillan • Neil Mishurda • Ed Rendon • Stan Stosel Whitworth reported that the reform matrix has been posted throughout the departments and on the City's website. Whitworth reported that he will be attending the California Contract Cities Association conference on January 9th and loth along with Councilmen McCormick and Davis. Whitworth also reported on the Ca1PERS audits and the IRS audit. Whitworth added that the City is frequently scrutinized but that the IRS made no changes to the report. Interim Police Chief Daniel Calleros reported that on a theft at the city yard that occurred on December 6, 2011, at 2600 Soto Street. No property was taken and there are limited leads. On December 8, 2011, two suspects were arrested for the theft of metal from a vacant building owned by BNSF railroad. On December 13, 2011, motor officer assisted in traffic enforcement near the Vernon Elementary School due to recent complaints of parents parking in red zone areas and stopping in the center median. Calleros reported on a hit and run accident involving an off- duty officer that occurred on December 16, 2011. The suspect was later arrested for felony hit and run. On December 19, 2011, Detectives assigned to the cargo theft investigation team, conducted a follow-up investigation at 2764 Leonis Boulevard in reference to stolen "Vans" t-shirts. Further investigation led officers to 3200 Bandini Boulevard, where an additional 16 pallets were recovered. In total, approximately $180,000 of wholesale value was recovered. On December 27, 2011, the department received an indecent exposure report along Vernon Avenue. Detectives are following UP. On December 29, 2011, the theft of city owned water lids occurred in the area of 2nd Street and Anderson Street. , On January 1, 2012, two suspects were arrested in connection with an assault with a deadly weapon. Calleros reported that over the past month there have been five reported thefts of vehicle batteries_ The thefts have few investigative leads and patrol staff is routinely briefed on these types of incidents. Captain James Rodino reported that there had been no incidents of vandalism since the last Council meeting. Councilman McCormick identified one incident of vandalism. Page 9 of 11 Regular City Council Meeting Minutes January 3, 2012 Assistant Chief Andrew Guth reported that the Fire Department responded to more than 200 calls, mostly routine in nature. The department was involved a mutual aid incident involving a tanker truck that caught fire on the 60 freeway in Montebello. Guth reported that the training focus for the month of January is hose elevation and reported that the Spark of Love toy drive was successful. Director/Health Officer Lewis Pozzebon expressed his appreciation for the approval of the employee step increases. He opined that it would be a good moral booster. Mayor Pro-Tem Davis thanked everyone for attending the first City Council meeting of 2012. CLOSED SESSION At 11:32 a.m. , it was moved by McCormick and seconded by Maisano, that the City Council go into closed session to discuss the items listed on the closed session agenda. Motion carried, 4-0. 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation. Government Code Section 54956.9(b) (3) (C) Number of potential cases: 1 2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation. Government Code Section 54956.9(b) (3) (B) Number of potential cases: 2 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (2) Government Code Section 54956.8 a. Parcel No. 6303-010-903 b. 5611 District Boulevard (also listed as 5555 District Boulevard) and 4855 E. 52"d Street At 11:45 a.m. it was moved by McCormick and seconded by Maisano, that the City Council exit closed session. Motion carried, 4-0. Willard Yamaguchi, Chief Deputy City Attorney, reported that the Council unanimously agreed to accept the claim of Sol Pak, Inc. Closing documents will be made available for public inspection once finalized by all parties. The Council unanimously agreed to settle a claim with Ivette Alfaro regarding an FLSA claim. Closing documents will be made available for public inspection once finalized by all parties. The Council unanimously agreed to enter into a tolling agreement with the BKK Working Group regarding the BKK landfill in Covina. Page 10 of 11 Regular City Council Meeting Minutes January 3, 2012 The Council unanimously agreed to the sale of parcel number 6303-010-903 to Culver City Meat Company. The City Clerk announced that there were no further items on the agenda. At 11:46 a.m., it was moved by McCormick and seconded by Newmire, that the meeting be adjourned. Motion carried. r William J. Div s Mayor Pro-Tem ATT i lard G. Y c i City Clerk Page 21 of 11 EXHIBIT C MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, DUNE 12, 2012, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Davis, McCormick, Maisano, Ybarra MEMBERS ABSENT: None The meeting was called to order at 9:00 a.m. by Mayor Pro-Tem Davis. Councilman Maisano led the flag salute. The City Clerk announced that a second Public Comment section will be added to the agenda after the discussion item. Legal Counsel Dana Reed advised that the public is free to speak at either Public Comment, both if they chose to. The City Clerk announced that this was the time allotted for public comment. Mayor Pro-Tem Davis inquired whether anyone in the audience wished to address the City Council. There were no comments. DISCUSSION ITEM 1. Review of Preliminary Proposed General Fund and Other Enterprise Fund Budgets for Fiscal Year 2012-2013. City Administrator Mark Whitworth stated that the proposed budget encompasses the same delivery of service while understanding the deficit. The City aims to rely less on Light & Power and explore other methods of revenue. Whitworth advised that the proposed budget takes into account the proposed Utility User Tax, the 11.5t transfer from Light & Power, and a $3.2 million surplus which is discretionary money that will be used as reserves or as part of the community benefit fund. Whitworth explained that $5 million was planned for surrounding communities, but that $3 million was the most that would be available. An oversight committee, which has yet to be formed, will be responsible for the disbursement of funds. Whitworth reported that City Council's account, Account No. 1001, had been reduced to $451,000 due to an 18* salary reduction and a reduction in medical benefits. Whitworth reported that Account No. 1002 for City Administration includes two new positions but that they do not have to be filled immediately. He also reported on the search firm process for the position of City Attorney which will allow for more things to be handled in house thereby reducing legal fees. City Clerk, Willard Yamaguchi reported a reduction in costs of approximately $23,000 for Account No. 1003. Yamaguchi reported that the department previously had three additional full-time personnel, in addition to a full-time City Clerk. He explained his dual role as Risk Manager. Yamaguchi reported on Account no. 1024 for City Attorney. He advised that the budget has been increased in anticipation of Special City Council Meeting Minutes June 12, 2012 the hiring of a full-time City Attorney. During fiscal year 2011-2012, $2.9 million was budgeted in legal fees. For fiscal year 2012-2012, $1.9 million have been budgeted for unanticipated legal costs. Yamaguchi reported that the department previously had a additional full-time attorney and additional staff. He advised that he was conducting the duties as City Attorney along with special Counsel Dana Reed, and that much of the day to day work load have been handled in house. Yamaguchi reported on Account No. 1025 for Risk Management. He explained that the department has been functioning with one less - employee for over a year due to a department transfer, and that the position has now been filled by a part-time employee. He advised that the department has been getting by with less. Yamaguchi reported on costs unique to Risk Management including liability insurance premiums, workers compensation, and assessment fees due to the City's past involvement in an insurance pool. Finance Director Rory Burnett reported on Account No. 1004 for the Finance Department, which included a $15 million increase in revenues in the proposed utility user tax. He reported a $282,000 decrease in expenses and a $200,000 decrease in consulting fees due to the termination of the NBS Government Finance Group agreement. Burnett reported on Account No. 1015 for the Treasury Department and advised that he is proposing a merger of the two departments. Burnett reported on HDL Software, LLC, a tax consultant that has historically generated the City additional revenues in its audit process. He advised that revenues are anticipated to increase $1.8 million but that the calculations take into account the electric rate increases. Director of Business Services and Personnel Martha Valenzuela reported on Account Nos. 1016 and 101B. She reported a net decrease in salary for both departments due to her anticipated retirement in December. She advised that drug testing and pre- employment exams are the Personnel Department's biggest expense. Assistant to the City Administrator, Alex Kung, reported on the Oversight Board to the Successor Agency of the Redevelopment Agency, Account No. 1022. He advised that the expenditures reflect the needs of the Oversight Board to keep the Successor Agency operating. The budget has been submitted to the County's Department of Finance. Kung explained that this budget does not affect the City. Money for the expenses is provided by the County, and that any additional revenue is used to pay bond debt. In response to Mayor Pro-Tem Davis, Kung explained that the legal fees included Kane, Ballmer & Berkman, which assists in conducting the Oversight Board meetings, and Orrick, Herrington, & Sutcliff, LLP which handle any bond issues. Kung clarified that all expenses are paid with money issued by the County specifically for these fees. Whitworth reported on the addition of Account No. 1026 for Human Resources. He anticipates that through the search firm process the position of Human Resource Director will be filled within the month. Page 2 of 6 Special City Council Meeting Minutes June 12, 2012 Interim Police Chief, Daniel Calleros, reported on Account No. 1021, Police Department. He reported revenue increases from franchise tow fees and reimbursement for salaries from the auto theft team. Calleros reported an increase in salaries overall due to necessary overtime for court appearances and a slight increase in medical benefits. Calleros reported on the loss of four employees and that he does not intend to replace them, instead there have been changes in the deployment strategy. He explained that benefits have increased due to the workers compensation history, and that maintenance expenses have also increased due to increased fuel costs. The Police Department uses forfeiture funds to conduct unbudgeted maintenance repairs. Fire Chief Mark Whitworth reported on a slight increase in the proposed budget for the Fire Department, Account No. 1D33. He reported an increase in overtime, and a decrease in revenue. The Department does not participate in any strike teams. Assistant Fire Chief, Andrew Guth further clarified that staffing requires 23 personnel per day, and that workers compensation injuries have affected overtime used to meet this need. Guth reported on the aging vehicle fleet and needed repairs. Whitworth advised that at the current level of staffing will maintain a Class 1 rating. He stated that if the City Council chooses to deviate from this classification, he will work with Council to make the necessary changes. In response to Mayor Pro-Tem Davis, Whitworth advised that to efficiently operate at this level that there needs to be multiple engineers, and that there has been increased training on all levels. Guth reported on Account No. 1036 for Civil Defense. He reported on the increased costs due to the transfer to the Downey dispatch center. Whitworth explained that the dispatch center took the burden off of the Police Department, where the costs were previously captured. Director of Community services and Water Kevin Wilson reported on Account No. 1040. He reported a one-third work force reduction since 2004, and that the overall budget for Community Services has remained flat. Employees have been shifted to meet priorities. Wilson reported that changes in the different sections were due to the transfer of employees. Wilson explained that the increase in Account No. 1041 for Building Regulations and Planning was due to the hiring of a consultant to assist in the zoning ordinance and general plan update. Wilson reported on Account No. 1043 for Public Works. He reported that the general fund capital improvement plan originally had a proposed budget of $5 million but has been reduced down to $3 million. Wilson anticipates that $2.8 million will be covered by grants. Wilson advised that Account No. 1046, City Garage, was reduced down from $778,000 to $719,000. He reported that the Warehouse budget had been increased due to the result of a transfer. He advised that the City Housing budget had increased slightly due to Housing Commission stipends and increased taxes. Page 3 of 6 Special City Council Meeting Minutes June 12, 2012 Wilson reported an increase in Account No. 1049 for City Building, from $992,000 to $1.56 million due to an employee reclassification, increased utility costs, and anticipated increases in professional service contract costs due to the new living wages clause. Wilson reported on Account No. 1084 for the Water Department. He advised that the department serves three-quarters of the City. There is an anticipated 13.51; increase in the budget due to increased salaries caused by department transfers_ Supplies and services are expected to increase from $4.8 million to $5.3 million. Wilson explained that water sold to the City is expected to increase 10%. Wilson also anticipates an increase for water treatment in order to reduce the effects of magnesium in the water, as well as capital projects in order to rehabilitate Well 16. In order to cover said costs, Wilson may propose a water rate increase, which would go through the normal public hearing process. Leonard Grossberg, Interim Director of Health and Environmental Control reported on Account No. 1060. Grossberg reported on proposed employee reclassifications in order to avoid job flight. He advised that Account No. 1061 for Solid Waste was increased by $20,000 due to the Sustainable Development and Energy Efficiency Commission budget, but anticipates all other service contracts to remain flat. Whitworth reported no changes to Account No. 6060 for Fire Hazmat. He explained that the revenues come from a business license tax, and that the funds are limited to certain spending. Kung reported on the $0.02 increase in the warehouse parcel tax for Account No. 9095. He advised that revenues would increase from $8.8 million to $9.5 million. City Administrator Mark Whitworth made a brief presentation on City budgets cuts including personnel, employee benefits, encouraged early retirement, and termination of contracts. Overall a reduction of $11.5 million. Whitworth reported that the City is in the process of conducting a feasibility study for County services for both Police and Fire. Whitworth reported on the sale of city assets and the investment in the Tehachapi project as a potential capital venture or response to the renewable portfolio standards. The City has also implemented transitional market rents for City owed housing. The City is looking at alternative revenue sources including providing services to neighboring cities. Mayor Pro-Tem Davis opened the second Public Comment section and inquired whether anyone in the audience wished to address the City Council. John Norton of All American Asphalts appreciated Yamaguchi's comments about working with less. Norton reported on the need to attract new businesses. In response to Norton's comment on Civil Defense costs, Whitworth explained that the costs were for the dispatch center. Page 4 of 6 Special City Council Meeting Minutes June 12, 2012 Norton expressed his concerns over the 18!� retirement costs, and group insurance costs that were equivalent to 17% of salary costs. Norton also noted inconsistencies in benefit costs. In response, Whitworth explained that employee benefits have been limited to stipends. Yamaguchi further explained factors that contribute to fluctuations in benefit costs. Norton inquired on whether some of the street improvement projects can be delayed. He also inquired on the timeline for the budget approval. In response, Whitworth reported that the proposed budget was submitted to the City Council on May 29th as required, and needs to be approved before July 1, 2012. Special Counsel Dana Reed stated that this was the time for public comment and not dialog. He advised that a public workshop would be held on June 13, 2012, and that an open dialog can be had there. Rob Moeck of Douglas Steel Supply advised that the City cannot continue to get consultants, if the employees are not experts in their field. He suggested that employees need to be replaced. Moeck advised that there needs to be a shared burden. He stated that the employee benefits far exceed those of the private sector, and that the legal fees were excessive. Moeck questioned whether the City will be able to attract new business as vacancies are high and inquired what the City was doing to attract new businesses. The utility user tax was designed to increase revenue, but wondered what would happen if the top utility users left Vernon. Doug Rosen of Superior Lithographic reported on his history in Vernon. He was an advocate of the City in Sacramento during AB46, and felt the City should remain. He stated that his opinion has changed and that the City has not made sacrifices, and that it needs to change how it is being run. Juliet Goff of Kal Plastics recognizes the great services from all the departments but there are some luxuries the City cannot afford. Gaff stated that the City faces a $12 million deficit, had an $11.5 million deficit from the previous year's cost cuts, and received $8 million due to rate increases. She asks that the City look at fair numbers and consider additional reductions. Goff understands that the renewable portfolio standards, the dissolution of the Redevelopment Agency, and the Senator De Leon Plan are out of the City's control, but opined that the natural gas deal was a major concern. She stated that if the City overtaxes one part of the community, that may cause businesses to relocate and there will create a downward spiral. Don Pennell of the Ligature reported that he focused on the Police and Fire Department in his review of the budget with the Chamber of Commerce. The departments account for 501k of the work force. In his review of the budget, not much had changed, and there were no reductions. He commended the reduction in head count for the Police Department, but observed that the budget had increased. Based on unit cost per employee, Pennell calculated a 54W in employee benefits. He encouraged the City to further review these costs. Peter Corselli U.S. Growers Cold Storage expressed his confusion Page 5 of 6 Special City Council Meeting Minutes June 12, 2012 over the approval of the proposed budget which includes a tax that had not been voted on. He recommended that the City review a budget that does not take into account the additional taxes. Corselli advised that many of the department heads alluded to costs that were discretionary and opined that such costs should not he included at all. Marisa Olguin, President of the Chamber of Commerce, reiterated that the Chamber wants to work with the City to resolve the budget deficit and make sure the business model is sustainable. She reported that several business representatives took time to review the budget. Olguin reported on the delay of public records, and her desire to expedite the process. Olguin suggested that the increase of costs for other services, and opined that some departments need more cuts than others. She encouraged the hiring of personnel as needed. She is an advocate of additional taxation but that the solution needs to be more equitable. Olguin reported that less than 50 companies represent 85% of the utility revenues and that over taxation may push companies to leave Vernon. Olguin encouraged the Council members to attend the utility user tax workshop scheduled for June 13, 2012. In response to comments made by Norton, Burnett advised that Ca1PERS has a mandated 28t contribution and that employees contribute 8t which is the maximum allowed. Calleros also clarified that there have been no increase in salaries, and that payroll accounts for all employee benefits. The City Clerk announced that there were no further items on the agenda. At 11:38 a.m. , it was moved by McCormick and seconded by Ybarra, that the meeting be adjourned. Motion carried. William J. Davie Mayor Pro-Tem ATT lard a a c i 61 City Clerk Page 6 of 6 Vernon52 Square PAles - 1,800 Companies - 56,000 Workers $4.5 Billion Private Empioyer Payroll CUTS CITY HAS MADE • City Council salary and benefit reductions — 18% effective June 7, 2011 — $25,000/year for new terms beginning 2012 — Reduced health benefits July 1 , 2011 • No annual merit step increases since 2009 City of 0 N M E A N S B U S I N E S Vernon5.2 Square Miles - 1,800 Companies 55,000 Workers $4.5 Billion Private Employer Payroll CUTS CITY HAS MADE (CONTINUED) • Employee retirement contribution paid by employee since 2010 — 8% Miscellaneous — 9% Safety • Employee health benefit reductions — 2010 Health benefit coverage reduced to employees only — 2011 Health coverage monthly stipend implemented City of V E R N 0 N M E A N B U S I E S S. Vernon5.2 Square Miles - 1,800 companies - 55,000 Workers - $4.5 Billion Private Employer Payroll Woj CUTS CITY HAS MADE (CONTINl1ED) • Labor force reduced nearly 20% — 327 employees in 2008 — 270 employees currently • No cost of living adjustment — 2007 — 2008 — 2009 — 2010 — 2011 City of Vernon52 Square Mles wo companies - 55,DOO Workers $4.5 Billion Private Employer Payroll CUTS CITY HAS MADE (CONTINUED) • Termination of contracts of top officials and consultants — Eric Fresch, Curtis Fresch, Patrick Fresch, Donal O'Callaghan, Jim Moriarty, Jeff Harrison, Avigal Horrow, Bob Toering, Joe Furnish, Hector Elizalde, Steve Sugerman, Heather Herndon, Larry Weiner ( RWG), Project Labor Group, JD Hicks, Jim Bruschera (Trico), Krishna Nand, Dan Christiansen, and Mike Montgomery City of • Vernon : 11 Companies - 55,000 Workers • • • Payroll GENERAL FUND REDUCTIONS TOTALING $ 11 . 5 MILLION Reduction of Workforce Employee Medical $5,258,138 Benefit Contribution $500,000 No Cost of Living Increases Employee $1,941,557 Retirement ----------- Contribution No Annual Merit.__ $2,750,539 Increases $1,067,856 City of V E R N 0 N M E A N S B U S I N E S S Vernon52 Square Mles - 1,800 Companies - 55,000 Workers— $4.5 Billion Private Employer Payroll FURTHER EXPENDITURE REDUCTIONS • Reduced 2012-2013 City Attorney budget by $ 1 . 1 million • Recruiting in-house City Attorney to further reduce legal costs • Actively exploring debt restructuring options • Vernon 52 Square Miss 1,800 Companies - 55,000 Workers - $4.5 Billion Private Employer Payroll FURTHER EXPENDITURE REDUCTIONS (CONTINUED) • Exploring methods to encourage retirement of eligible employees — 67 employees eligible as of 2012 • County feasibility comparison for Police and Fire services expected July 2012 Police feasibility study expected August 2010 City of ernon Yr 52 Square Mies 1,800 Companies - 55,000 Workers $4.5 Billion Private Employer Pa oll REVENUE ENHANCEMENTS, • Sale of assets — Pechiney — Tehachapi wind project • Market rates for housing — $700 - $ 1 , 700 per month • Providing public safety services to neighboring cities to generate additional revenues Vernon52 Square Miss - 1,800 Companies - 55,000 Workers - $4.5 Billion Private Employer Payroll OTHER FACTORS • A few other factors that could have significant positive impacts on the City's budget cannot be discussed at this time due to confidentiality reasons . • Service Levels Maintained — Demand for City services remains • Calls for City services has not decreased • City has maintained service levels in spite of cuts EXHIBIT D MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, DECEMBER 17, 2013, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: McCormick, Davis, Maisano, Ybarra, and Martinez MEMBERS ABSENT: none The meeting was called to order at 9:00 a.m. by Mayor McCormick. Mayor Pro-Tem Davis 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. Southeast political activist for those afflicted by multiple sclerosis ("MS") Sandra Orozco introduced herself as the watchdog for the cities of Maywood, Bell, Huntington Park and now Vernon. Orozco reported on her past activist efforts. She distributed to the Council various articles that she thought were of interest, or had personally been involved with. She expressed her intent to attend future Vernon City Council meetings and thanked all for their time. PRESENTATIONS 1. Personnel Matters - Service Pin Awards Mayor McCormick recognized Meter Reader Wilfredo Lopez, Police Officer Michael Docherty and Police Officer Ana Quinones for their many years of service as they could not attend the meeting. 2. Presentation by the Fire Chief on the Los Angeles County Fire and Paramedic Feasibility Study. Fire Chief Michael Wilson presented on an analysis of the feasibility for the provisions of fire protection, paramedic, and incident services. Wilson presented the Vernon Fire Department's all risk approach and data on annual incident responses. Information on the dedicated staff and equipment were presented. The Los Angeles County Fire Department ("LACoFD") regional approach was presented. Wilson noted the reduction to three fire stations versus the current four within 1.5 miles of Vernon's center should LACoFD provide services to Vernon. Regular City Council Meeting Minutes December 17, 2013 Wilson presented a comparison of hazardous material services and urban search and rescue between the City of Vernon and LACoFD. Wilson noted Vernon's Class 1 rating versus LACoFD's Class 4 and its effects on insurance costs. Wilson highlighted the benefits of local control including response flexibility and cost control. Director of Finance William Fox presented data from the Los Angeles County Auditor-Controller Report comparing fire distri9ts' fund balance. Additional data on LACoFD's projected i finances were presented. Fox concluded that projections indicate that LACoFD will need a rate adjustment to address the budget shortfall; this will most likely be accomplished through cost cutting or increased revenue efforts. Fox presented Vernon Fire Department's revenue and expenses for fiscal year 2013-2014. Fox advised that based on the current data and LACoFD's proposal, it is more cost effective for the City to keep its services than to outsource. Additionally, revenues would go to the County and not the City. In a 10-year projection of yearly costs, Fox noted further savings by keeping the Vernon Fire Department. Fox highlighted various LACoFD contract concerns. He recommended that if a transition to LACoFD services is considered, further contract negotiations should occur. Wilson concluded the presentation, recommending that there be no changes to the current service structure and that the Los Angeles County Feasibility Study be received and filed. In response to Councilmember Maisano, Wilson suspects that the incident response time will increase, as there will be one less Fire Station and coverage concerns if services are provided by LACoFD. Fox further added that the response time is one of the elements in factoring business insurance premiums. He noted that LACoFD has a Class 4 rating. In response to Mayor Pro-Tem Davis, Wilson reported on the Vernon Fire Department's mutual aid responses. Independent Reform Monitor John Van De Kamp was pleased with the presentation. He suggested giving LACoM an opportunity to comment on the report. He agrees that no action should be taken this day. Dean Richens representing the Vernon Fireman's Association is in agreement with the report; however, he advised that the information on Vernon's budget does not capture capital expenses. He explained that three of the Fire Stations are over 50 years old and are in need of repair; additionally, there is an ageing fire fleet. Richens opined that the Vernon Fire Department's budget needs to be bigger. For comparison purposes he reported on other fire department's budgets and their class rating. He added that there has been a step increase freeze for the last five years. He understands that the City has budget concerns, but advised that these are things that need to be considered. Page 2 of 14 Regular City Council Meeting Minutes December 17, 2013 In response to Mayor McCormick's inquiry on whether there was a representative of LACoFD in attendance, Wilson advised that a representative was invited to the meeting but that there was none present. It was moved by Davis and seconded by Maisano to receive and file the report. Motion carried, 5-0. PUBLIC HEARINGS 1. Public comment on the approval of the proposed Ordinance adopting Building and Fire Codes. Ordinance No. 1217 - An Ordinance of the City Council of the City of Vernon amending various sections of Chapters 7, Fire Regulations and 24, Building and Construction, of the Vernon Municipal Code, along with amendments, additions and deletions and adopting by reference the following codes: (1) the 2013 California Fire Code, 24 CCR Part 9; (2) the 2013 California Building Code, 24 CCR Part 2; (3) the 2013 California Electrical Code, 24 CCR Part 3 (4) the 2006 Edition of the ICC Electrical Code Administrative Provisions; (5) the 2013 California Mechanical Code, 24 CCR Part 4; (6) the 2013 California Plumbing Code, 24 CCR Part 5; (7) the 2013 California Existing Building Code, 24 CCR Part 10; (8) the 2012 International Existing Building Code, (9) the 2013 California Residential Code, 24 CCR Part 2.5; (10) the 2013 California Green Building Standards Code also called the Calgreen Code, 24 CCR Part 11; (11) the 2013 California Energy Code, 24 CCR Part 6; repealing all prior ordinances and parts of ordinances in conflict therewith and making express findings and determinations that modifications to said codes are reasonably necessary because of local climatic, geological or topographical conditions (second reading) . Recommendation: (1) Finds that this action is not subject to the California Environmental Quality Act ("CEQA") as follows: The ordinance is not considered a "project" under CEQA which is defined as a whole of an action directly undertaken by a public agency which has the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Guidelines section 15378(a) ; Cal. Pub. Res. Code section 21065. Under the proposed ordinance, no such activity is being undertaken. Even if the ordinance were to be considered a "project" under CEQA, which is not the case, the ordinance would be covered by the general rule set forth in CEQA Guidelines Section 15061(b) (3) which provides that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Here, the ordinance involves the adoption of state-mandated construction codes, and the revisions Page 3 of 14 Regular City Council Meeting Minutes December 17, 2013 to those codes merely improve the safety of buildings and will not have any effect on the environment. (2) Adopt ordinance amending various sections of Chapters 7 and 24 of the Vernon Municipal Code, along with amendments, additions and deletions and adopting by reference the following codes: (1) the California Fire Code, 24 CCR Part 9; (2) the 2013 California Building Code, 24 CCR Part 2; (3) the California Electrical Code, 24 CCR Part 3 and the 2006 Edition of the ICC Electrical Code Administrative Provisions; (4) the 2013 California Mechanical Code, 24 CCR Part 4; (5) r the 2013 California Plumbing Code, 24 CCR Part 5; (6) the 2013 California Existing Building Code, 24 CCR Part 10; (7) the 2012 International Existing Building Code, (8) the 2013 California Residential Code, 24 CCR Part 2.5; (9) the 2013 California Green Building Standards Code also called the CALGreen Code, 24 CCR Part 11; and (10) the 2013 California Energy Code, 24 CCR Part 6. Director of Community Services and Water Kevin Wilson reported on the state's adoption of codes in 2013.. The codes will be effective January 1, 2014. Wilson advised that the City has the option to amend the codes. Vernon was active with the Code Council throughout the years and made various recommendations before its approval by the state. Wilson recommends adoption of the state codes as it provides regional uniformity since it is supported by most jurisdictions. Wilson noted various amendments to the state codes which are captured in the recommended ordinance., • "" Fire Chief Michael Wilson also recommended adoption of the California codes as it relates to Fire. In response to Councilmember Ybarra, Chief Wilson advised that there is no impact to the businesses or residents. Notification of the proposed was publicized. Wilson additionally clarified that the proposed codes would apply to permits submitted after January 1, 2014, all other existing permits are grandfathered under the respective codes until they are altered. Deputy City Attorney Scott Porter clarified that the ordinance will not go into effect until 30 days after its adoption date. Mayor Pro-Tem Davis sought clarification to one of the proposed code amendments. Wilson promised to look further into the inquiry. At 10:10 a.m. , Mayor McCormick opened the public portion of the public hearing on the approval of the proposed ordinance adopting the Building and Fire Codes. With no public comment, at 10:10 a.m. , Mayor McCormick continued the public hearing to later in the meeting to allow staff time to follow up on Mayor Pro-Tem Davis' inquiry. The public hearing was reopened at 10:30 a.m. in order to address Mayor Pro-Tem Davis' inquiry. Page 4 of 14 Regular City Council Meeting Minutes December 17, 2013 Wilson advised that there was an error in the Staff Report as noted by Davis, but that the correct information is reflected in the proposed ordinance. At 10:32 a.m. Mayor McCormick closed the public hearing. It was moved by Maisano and seconded by Martinez to adopt Ordinance No. 1217. A roll call vote was taken: - Councilmember Martinez, yes - Councilmember Ybarra, yes - Councilmember Maisano, yes - Mayor Pro-Tem Davis, yes - Mayor McCormick, yes Motion carried, 5-0. CONSENT CALENDAR It was moved by Davis and seconded by Martinez to approve the matters listed on the Consent Calendar as presented. Motion carried, 5-0. Claims Against the City (to be received and filed) 1. None Warrant Registers 2. Ratification of Light and Power Warrant Register No. 354 to record voided Check No. 510409 in the amount of $117.73. 3. Approval of City Payroll Warrant Register No. 690, totaling $2,397,728.33, which covers the period of October 20, 2013, through November 16, 2013, and consists of the following: a. Ratification of direct deposits, checks and taxes totaling $1,772,158.31; and b. Checks and electronic fund transfers totaling $625,570.02. 4. Approval of City Warrant Register No. 1391, totaling $733,842.79, which covers the period of November 26, 2013, through December 9, 2013, and consists of the following: a. Ratification of wire transfers totaling $471,142.78; and b. Ratification of the issuance of early checks totaling $53,096.02; and c. Authorization to issue pending checks totaling $209,603.99. 5. Approval of Light & Power Warrant Register No. 356, totaling $2,956,529.03, which covers the period of November 26, 2013, through December 9, 2013, and consists of the following: a. Ratification of wire transfers totaling $2,895,632.61; and Page 5 of 14 Regular City Council Meeting Minutes December 17, 2013 b. Ratification of the issuance of early checks totaling $8,059.19; and c. Authorization to issue pending checks totaling $52,837.23. 6. Approval of Gas Warrant Register No. 144, totaling $2,292,960.95, which covers the period of November 26, 2013, through December 9, 2013, and consists of the following: a. Ratification of wire transfers totaling $2,282,337.64; and b. Ratification of the issuance of early checks totaling $340.00; and c. Authorization to issue pending checks totaling $10,283.31. Community Services and Water Department 7. Building Department Report for the month of November 2013, to be received and filed. Finance Department 8. Resolution No. 2013-100 - A Resolution of the City Council of the City of Vernon approving and adopting an updated Expense Reimbursement Policy for certain expenses of City Council Members and City Employees and repealing Resolution No. 2013-84. Recommendation: (1) Find that adoption of the proposed resolution updating the Travel and Expense Reimbursement Policy is exempt under the California Environmental Quality Act 0.. ("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) Approve the resolution which provides additional clarification related to mileage reimbursement. The modifications recommended are needed to clarify the appropriate calculation of reimbursable mileage both for mid-day driving and driving to and from destinations other than the normal work location. Fire Department 9. Activity Report for the period of November 16, through November 30, 2013, to be received and filed. Health and Environmental Control Department 10. November 2013 Monthly Report, to be received and filed. 11. Ratify Authorization for Extension of Contract with California Environmental Protection Agency and Vernon City Environmental Health CUPA Agreement No. G10-UPA113 - Amendment 2. Recommendation: (1) Find that approval of the forms of contract and of related documents are exempt under the California Environmental Quality Act ("CEQA") in accordance with Page 6 of 14 Regular City Council Meeting Minutes December 17, 2013 section 15061(b) (3) , the general rule that CEQA only applies to projects that may have any effect on the environment; and (2) Ratify the contract extension with California Environmental Protection Agency. Police Department 12. Activity Log and Statistical Summary of Arrest and Activities for the period of November 16, through November 30, 2013, to be received and filed. NEW BUSINESS City Administration Department 1. Approval of Amendment No. 1 to the Agreement with Solari Enterprises, Inc. for Third Party Property Management Services of All City of Vernon Owned Housing to Increase the Total Contract Amount. Recommendation: (1) Find that approval of the proposed award of a contract for third party property management services 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) Approve Amendment No. 1 to the June 1, 2013 Services Agreement with Solari Enterprises, Inc. (in substantially the same form submitted) for third party residential property management services for all City of Vernon owned residential properties to increase the total not to exceed amount of the Agreement to $65,000. Assistant to City Administrator Kristen Enomoto reported on the contracting of Solari Enterprises, Inc. ("Solari") by the Vernon Housing Commission ("VHC") as the third party property management firm for City owned housing. She noted that at the time it was uncertain what the repair and maintenance costs and needs would be. The VHC's maximum authority for agreements is $25, 000; Solari's agreement was approved pursuant to this threshold. The City has since found Solari's labor and equipment rates to be more cost effective or comparable to that of the City's. In review of the activity over the last six months, the average monthly cost is $3,500 which also captures unit turnover cost. Enomoto reported on the cost breakdown. A $40,000 increase to the Solari agreement is requested. The amendment is being addressed at the City Council meeting as the cost exceeds the VHC's authority. Councilmember Ybarra expressed his concerns on whether the costs are being accounted for and inquired whether there was a flat fee. In response, Director of Community Services and Water Kevin Wilson advised that staff is establishing procedures and tracking costs. Enomoto noted the one-year agreement. There were a lot of uncertainties when the contract was approved, the limited one-year agreement will allow staff to assess and Page 7 of 14 Regular City Council Meeting Minutes December 17, 2013 revisit the services at the term of the agreement. Enomoto explained that high costs for each month are not anticipated. Enomoto reported on the VHC's desire for the Huntington Park ("HP") units to be sold. Additionally, there was discussion on the bifurcation of the HP units from the Vernon units. The matter will be discussed further at the next VHC meeting. The VHC called specific attention to the high costs associated with the HP unit turnover which is included in the amendment cost request. Mayor Pro-Tem Davis advised that the City is saving on costs by outsourcing the work to Solari but inquired how the response time is affected. In response, Enomoto explained that there are some instances where Solari is not equipped to perform the service. In which case, the City will address the need, or further contracted the work. However, Enomoto advised that Solari is equipped to address most of the basic repairs. Wilson advised that there are few cases where the City did not agree with the Solari prices and instead conducted the work themselves. In response to Mayor McCormick, Enomoto advised that if Solari is negligent, further response to the issue would not be rebilled. The City is billed for work being done. The flat management fee covers the visit to assess the issue. It was moved by Ybarra and seconded by Maisano to approve Amendment No. 1 to the Solari Enterprise, Inc. Agreement for third party property management services for all City owned housing. Motion carried, 5-0. Fire Department 2. Approve the Urban Area Security Initiative MASI") 2012 Purchase of Personal Protective Clothing for the Fire Department. Recommendation: (1) Find that approval of the proposed purchase 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 Fire Department to purchase sixty-six (66) sets of turnout gear, consisting of a turnout coat and turnout pants from L.N. Curtis & Sons in the amount of $137,441.37, and find that doing so is exempt from the public bidding requirements pursuant to Vernon Municipal Code 2.17.12(A) (5) . All but $25,999.37 of this amount would be reimbursable through federal grant funds. Fire Chief Michael Wilson explained that the Department was successful in converting training grant funds to equipment grant funds. The City will be responsible for approximately $26,000 of this purchase. The proposed complies with the City Code; the purchase is exempt from the public bidding process as the City is using Laguna Niguel's purchase in order to piggyback a lower rate. Page 8 of 14 Regular City Council Meeting Minutes December 17, 2013 Although not required, quotes for similar equipment were obtained; they confirmed that the proposed equipment cost is reasonable. L.N. Curtis & Sons was selected as the vendor, they have been used in the past, and their equipment is superior. Wilson explained the need for the equipment as they have a limited lifespan. Normal replacement and equipment cost for the year is approximately $18-22,.000. Wilson recommends approval as this provides inventory for all. It was moved by Ybarra and seconded by Maisano to approve the Urban Area Security Initiative 2012 purchase of personal protective clothing for the Fire Department. Motion carried, 5-0. Health Department 3. Request for Authorization to Receive and Spend Grant Funding for the Beverage Container Recycling and Litter Abatement Activities (City/County Payment Program) FY 2013-2014. Recommendation: (1) It is recommended that the City Council find that approval of the request for authority to receive and spend grant funds are exempt from 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) In addition, it is recommended that the City Council adopt the request for authority to receive and spend grant funds under the Beverage Container Recycling and Litter Abatement Activities for FY 2013-2014. Director of Health and Environmental Control Leonard Grossberg advised that the Department applies for the grant every year and uses the funds to promote recycling programs. As done in the past, contractor KJ Services will be implementing the activities. In response to Mayor McCormick, Grossberg reported that the grant is for $5,000. It was moved by Davis and seconded by Martinez to authorize the receiving and spending of grant funds for the Beverage Container Recycling and Litter Abatement Activities. Motion carried, 5-0. Light and Power Department 4. Request Approval to Pursue Request for Information for Wind and Solar Energy Project in Vernon owned [Jawbone Canyon] Fee Lands. Recommendation: (1) Find that the approval requested is exempt under the California Environmental Quality Act ("CEQA") in accordance with CEQA Guidelines Section 15061(b) (3) , the general rule that actions that have no effect on the environment are exempt from CEQA, because the proposed Request for Information ("RFI") is not an approval or commitment by the City of Vernon to engage Page 9 of 14 Regular City Council Meeting Minutes December 17, 2013 in any project or to pursue any defined course of action; and (2) Authorize staff to issue a Request for Information ("RFI") to solicit information from third parties to allow the city to assess its options for the development of the [Jawbone Canyon] site as a wind farm or combination wind farm and solar farm (the "Project") . The RFI may identify potential bidders and/or developers for a possible future Request for Proposal ("RFP") . The RFI is not a solicitation or request for proposals that will result in a contractual relationship with the City of Vernon or commit the City to enter into a further agreement with any responding party. Director of Light and Power Carlos Fandino announced that the Fee Lands are not located in Tehachapi but located in Jawbone Canyon. He directed that the Fee Lands and reference to Tehachapi be corrected to Jawbone Canyon ("Jawbone") . Tehachapi should be stricken from the Staff Report and RFI on the proposed and replaced with Jawbone. Fandino explained that the purpose of the RFI is to solicit third party vendors to present new technology to Vernon. The City could then assess what it could develop in the region in order to fulfill the renewable portfolio standards ("RPS") . In response to Mayor McCormick's inquiry on construction costs and timing, Fandino explained that technology information is being requested. Fandino confirmed for Councilmember Ybarra that no negotiation or commitment is being requested. k' In response to Councilmember Maisano, Fandino advised that the RFI outlines the information that the City is looking for. It was moved by Ybarra and seconded by Maisano to approve the Request for Information for Wind and Solar Energy Project in Vernon Owned [Jawbone Canyon] Fee Lands. Motion carried, 5-0. DISCUSSION ITEMS AND POSSIBLE DIRECTIVES TO STAFF 1. Discussion of Proposed Draft Ordinance to Establish the Vernon CommUNITY Fund Grant Committee. Recommendation: (1) It is recommended that the City Council hold a discussion regarding the proposed draft ordinance to establish the Vernon CommUNITY Fund Grant Committee. The draft ordinance is nearly complete and staff believes this would be an appropriate time to receive feedback and any further directives from the City Council, as well as any feedback from the public, prior to finalizing and presenting the ordinance for a first reading on January 21, 2014. Legal Counsel Dana Reed reported on the project process. Originally the Environmental and Community Benefit Fund, the Vernon CommUNITY Fund ("VCF") was approved in August of 2013 which set forth parameters for the grant committee. Jemmott Page 10 of 14 Regular City Council Meeting Minutes December 17, 2013 Rollins Inc. ("Jemmott") was contracted to assist with the project. The proposed draft ordinance incorporates the VCF parameters and procedural safeguards from the Vernon Housing Commission Ordinance. With the assistance of Jemmott best practices were incorporated. Reed noted that the VCF made no financial commitment. Reed reported and explained the two classifications of eligible grant fund recipients. He reported on the duties of the Executive Director which includes the review of applications to determine eligibility. The goal is to ensure that those applicants considered are real and capable of achieving goals. Reed reported on the proposed process if applicants are found to be ineligible. There are two criteria for the allocation of funds. Reed explained that at least 250 of funds should be awarded to capital projects with life expectancy of at least 10 years. The rest of the funds can be awarded to core service projects. Both of which must serve the community. The grant committee will meet twice per year to review applications from the eligibility pool. The application is submitted online in an open and transparent process. Reed reported on the eligibility criteria for grant recipients. He noted the substantial conflict of interest procedures. Reed hopes that the VCF will be a model for these types of activities. Staff is working diligently to address open ended concerns in order to present the final ordinance for its first reading. Reed advised that the application website will ready early next year. In response to Councilmember Ybarra, Reed further clarified the allocation of funds. In response to Mayor McCormick, Reed advised that the Grant Committee will be subject to the Brown Act requirements. A minimum of four affirmative votes is necessary to award funds. Reed further advised that the Committee will be made up of members as outlined in Resolution No. 2013-75. Jemmott has begun identifying qualified representatives for an eligibility list. Independent Reform Monitor John Van de Kamp sought clarification on whether the Executive Director is the City Administrator and whether the functions would be delegated to staff. City Administrator Mark Whitworth confirmed and advised that there would be a right hand person to ensure the process is followed through. Van de Kamp noted that funds for multiple year grants must be available within the approval year's budget. He opined that this could limit the VCF and asked staff to reconsider the restriction. In response to Councilmember Ybarra, Reed explained that the $250,000 award limit applies to a single service grant. The limit does not apply to capital projects. Page 11 of 14 Regular City Council Meeting Minutes December 17, 2013 In response to Van de Kamp, Assistant to City Administrator Alex Kung confirmed that design costs would be considered part of a capital project. Director of Community Services and Water Kevin Wilson further confirmed that design acquisition of property is considered part of capital costs. Councilmember Ybarra opined that the draft ordinance was good as presented. ORAL REPORTS Police Chief Daniel Calleros reported on the discovery of narcotics which were attempted to be shipped on December 6, 2013. The investigation is on-going; Detectives will be conducting further investigation as to the person making the shipment. On December 14, 2013, patrol staff conducted a DUI checkpoint in the area of Santa Fe Avenue and 38th Street which resulted in one DUI arrest. The operation was funded through grant funds provided by the Office of Traffic Safety. Calleros advised that over the past few weeks patrol staff have observed a number of vehicles cruising through the City on Sunday nights from approximately 7:00 pm to midnight. Patrol staff is working with Los Angeles Police Department to address the issue, conducting traffic enforcement to suppress the cruising. On December 16, 2013, patrol staff investigated a traffic accident involving a transportation van and Metro bus. A power pole was severely damaged. Several bus passengers were transported to local hospitals but with non-life threatening injuries. The cause of the traffic accident is still under investigation. Calleros thanked the Council for the additional holidays and wished all a safe holiday. Captain Michel Gillman reported vandalism on a bus shelter. Mayor Pro-Tem Davis reported vandalism on Slauson Avenue on the corner of Boyle Avenue. Mayor McCormick reported vandalism on the traffic control box outside City Hall. Fire Chief Michael Wilson reported on the Spark of Love toy drive efforts and the distribution of the toys. Wilson reported on the passing of two retired Fire personnel, Thomas Lee Scott and Don Combs. Wilson reported on the confined space training for December. Wilson advised that the Fire Department had also responded to the traffic collision between the transportation van and Metro bus on December 16, 2013. On December 7, 2013, crews responded to a security guard that was trapped under a wrought iron security gate. The patient was transported to USC Medical Center. Director of Community Services and Water Kevin Wilson provided an update on the housing project, advising that construction plans had been received and sent for review. Wilson noted that staff had a few comments on the plans but that most of the Page 12 of 14 Regular City Council Meeting Minutes December 17, 2013 criteria had been met. Staff is working with Health and Environmental Control to get closure on the site from the Department of Toxic Substances Control. Director of Light and Power Carlos Fandino reported on the traffic collision between the transportation van and Metro bus on December 16, 2013. Petrelli crews also responded and were able to troubleshoot and reenergize the circuit. The damaged power pole was replaced; the power outage lasted approximately one hour and thirty minutes. Fandino reported on the completion of the first stage of the Substation Circuit Breaker Replacement Project; bond money is being used for the installation. Fandino reported on the incident of March 25, 2012, wherein heavy rain and extreme winds damaged 15 power poles along the Los Angeles River ("LA River") , ten on which were City of Vernon's. After the incident, the LA River Project began to protect and increase reliability of source transmission lines along the LA River. Fourteen poles have been replaced using capital funds; the project was completed in three stages to minimize customer interruption. Finance Director William Fox reported on the distribution of business license tax forms. Fees are due by the end of January 2014. Fox advised that the actuarial report for the financial audit is still pending, but noted that the City will not miss any filing requirements as a result. Director of Health and Environmental Control Leonard Grossberg reported on the continue monitoring of the Exide Technologies issue. He announced the Sustainable Development and Energy Efficiency Commission on January 18, 2013, at 3:30 p.m. Human Resources Director Teresa McAllister reported on the conclusion of the health and benefits open enrollment. She announced that the classification and compensation study will be presented at the next City Council meeting. Implementation will take place after the required negotiation of all the bargaining units. She wished all happy and safe holidays. Mayor McCormick thanked McAllister for coordinating the holiday party as it was a good morale booster. Assistant to City Administrator Alex Kung reported that Whole Food's Board of Directors had approved the purchase of the Angelus Can property. The closing of the sale should occur within the next week. City Administrator Mark Whitworth reported on the Advisory Committee on Electric Rates Meeting held on December 4, 2013. Additionally, he reported on the Vernon Housing Commission Meeting held on December 11, 2013. Whitworth reported on his and staff's attendance to a Maywood City Council meeting. He congratulated Kung on the near completion of the sale of the Angelus Can property. Whitworth announced the nomination period for the April 2014 Election. The next issue of the Vernon Quarterly will be out by Page 13 of 14 Regular City Council Meeting Minutes December 17, 2013 the end of the year. Independent Reform monitor John Van de Kamp will be completing his six-month report early 2014. Whitworth announced the California Contract Cities Association 47th Annual Sacramento Legislative Tour in Sacramento and encouraged all Department Heads and Councilmembers to attend. Today's meeting addressed significant issues, Whitworth thanked all for their work and input. He reminded all that the January 7, 2014, City Council meeting is cancelled. He thanked the City Council for the approval of the additional holidays in the upcoming weeks and wished all happy holidays. The City Council echoed the holiday wishes. With no further business, at 11:42 a.m. , Mayor McCormick adjourned the meeting. W. Michael McCormick Mayor ATTEST: r Ana S cia Deputy City Clerk Page 14 of 14