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20150217 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 �q 11 Tuesday, February 17, 2015, 9:00 a.m. vti 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. January 2015 Anniversary Employee Name Job Title Years 1. Jerry Winegar Police Lieutenant 25 2. Donald Vanover Police Officer 20 Regular City Council Meeting Agenda February 17, 2015 3. Belinda Arellano Police Dispatcher 15 4. Shirley Salas Business License Clerk 20 2. Presentation by John Van de Kamp of his January 31, 2015 Independent Reform Monitor Report. PUBLIC HEARING 3. Public Comment on the City's intent to vacate a portion of Avers Avenue south of Bandini Boulevard and adoption of a Negative Declaration. A Resolution of the City Council of the City of Vernon vacating a portion of Avers Avenue south of Bandini Boulevard and adopting a negative declaration pursuant to the California Environmental Quality Act. Recommendation: (1) Adopt the resolution vacating a portion of Ayers Avenue south of Bandini Boulevard and adopting a negative declaration pursuant to the California Environmental Quality Act,which Authorize the sale of Ayers Avenue; and (2) Authorize the City Administrator to execute a quitclaim deed, on behalf of the City, remising, releasing and quitclaiming any interest and claim by the City of Vernon in the property. 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 February 3, 2015. Warrant Registers 6. Ratification of the following City Warrant Registers to record the following voided checks: a. City Warrant Register No. 1409 to record voided Check No. 345342 in the amount of$15.00; and b. City Warrant Register No. 1416 to record voided Check No. 346283 in the amount of$90.00; and c. City Warrant Register No. 1416 to record voided Check No. 346272 in the amount of$997.53. Page 2 of 6 Regular City Council Meeting Agenda February 17, 2015 7. Ratification of Light and Power Warrant Register No. 378, to record voided Check No. 511117 in the amount of$150.75. 8. Approval of City Payroll Warrant Register No. 704, totaling $2,711,985.09, which covers the period of January 1, through January 31, 2015, and consists of the following: a. Ratification of direct deposits, checks and taxes totaling $1,961,783.17; and b. Checks and electronic fund transfers totaling$750,201.92. 9. Approval of City Warrant Register No. 1418, totaling $1,026,142.74, which covers the period of January 27, through February 9, 2015, and consists of the following: a. Ratification of wire transfers totaling $476,053.30; and b. Ratification of the issuance of early checks totaling $384,694.32; and c. Authorization to issue pending checks totaling $165,395.12. 10. Approval of Light & Power Warrant Register No. 383, totaling $3,218,635.17,which covers the period of January 27,through February 9, 2015, and consists of the following: a. Ratification of wire transfers totaling $3,207,481.72; and b. Ratification of the issuance of early checks totaling $11,031.45; and c. Authorization to issue pending checks totaling $122.00. 11. Approval of Gas Warrant Register No. 171, totaling $1,936,405.48,which covers the period of January 27, through February 9, 2015, and consists of the following: a. Ratification of wire transfers totaling $1,901,370.93; and b. Ratification of the issuance of early checks totaling $4,820.99; and c. Authorization to issue pending checks totaling $30,213.56. City Administration Department 12. A Proclamation of the Mayor and the City Council of the City of Vernon commending and honoring Giovanni Chaidez for his service and support of his community. 13. Council Conference Attendance Report to the 2015 Independent Cities Association Winter Seminar. City Attorney Department 14. Request to Approve an Amendment No. 1 to the Attorney Services Agreement with Lewis Brisbois Bisgaard & Smith LLP regarding Civil Litigation Legal Services. Recommendation: (1) Find that the approval of the amendment proposed in this staff report is exempt under the California Environmental Quality Act("CEQA") in accordance with Section 15061(b)(3), the Page 3 of 6 Regular City Council Meeting Agenda February 17, 2015 general rule is that CEQA only applies to activities that may have an effect on the environment; and (2) Approve Amendment No. 1 to the Attorney Services Agreement with Lewis Brisbois Bisgaard& Smith LLP ("Lewis Brisbois"), in substantially the same form as submitted with the staff report, for an additional one year period for an amount not-to-exceed $50,000.00, to provide civil litigation legal services on an as needed, on-call basis. Fire Department 15. Activity Report for the period of January 1 through January 15, 2015, to be received and filed. Police Department 16. Activity Log and Statistical Summary of Arrests and Activities for the period of January 16, through January 31, 2015, to be received and filed. Public Works, Water and Development Services Department 17. Building Department Report for the month of January 2015, to be received and filed. 18. Acceptance of Work of Ramona Inc. Company regarding Contract No. CS-0421 —55th Street Storm Drain Improvements Project. Recommendation: (1) Affirm that accepting the work of Ramona Inc. Company, for the 55th Street Storm Drain Improvements Project, Contract No. CS-0421, is categorically exempt under the California Environmental Quality Act("CEQA") in accordance with CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures,part(d), because the project is merely to construct a new storm drain system that would result in no permanent effects on the environment; and (2) Accept the work of Ramona Inc. Company, as part of the 55th Street Storm Drain Improvements Project, Contract No. CS-0421. NEW BUSINESS Fire Department 19. Approval of a Notice Inviting Bids for a Fire Department Training Facility Contractor. Recommendation: (1) Find that approval of the proposed Notice Inviting Bids 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 the City is only taking an administrative action to approve the Notice Inviting Bids; and (2) Approve the Notice Inviting Bids for a Fire Department Training Facility Contractor, in substantially the same form as submitted with the staff report. Page 4 of 6 Regular City Council Meeting Agenda February 17, 2015 Human Resources Department 20. A Resolution of the City Council of the City of Vernon authorizing the City to obtain state and federal summary criminal history information for employment,licensing or certification purposes. Recommendation: (1) Find that approval of the proposed 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) Adopt the resolution authorizing the City of Vernon to obtain State and Federal Summary Criminal History information for employment, licensing, or certification purposes. Police Department 21. Approval of an Interagency Memorandum of Agreement for Mental Evaluation Unit Partnership between the Los Angeles County and the Cities in the Southeast Region. Recommendation: (1) Find that the approval of the proposed Interagency Memorandum of Agreement("MOA") is exempt under the California Environmental Quality Act("CEQA") in accordance with Section 15061(b) (3), the general rule is that CEQA only applies to projects that may have an effect on the environment; and (2) Approve the MOA with the Los Angeles Department of Mental Health("DMH"), in substantially the same form as submitted with the staff report, and authorize the Mayor to execute the MOA on behalf of the City, for the purpose of forming a mental health evaluation unit in the Southeast region that will assist law enforcement agencies with providing mental health-related clinical services to members of the public during field situations. Public Works, Water and Development Services Department 22. Authorization to Accept Electrical Easement at 3480 26th Street. Recommendation: (1) Find that the acceptance of the proposed Electrical Easement is 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 Electrical Easement, in substantially the same form as attached to the staff report, and authorize the Mayor to execute said document. Page 5 of 6 Regular City Council Meeting Agenda February 17, 2015 OLD BUSINESS 23. 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. ORAL REPORTS 24. City Administrator Reports—brief reports on activities and other brief announcements by the City Administrator and Department Heads. 25. City Council Reports—brief report on activities, announcements, or directives to staff. CLOSED SESSION 26. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION Government Code Section 54956.9(d)(1) Name of Case: Daniel Onopa vs. City of Vernon Workers Compensation Appeals Board Claim No. 12002824 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 12th day of February 2015. By: Maria E. Ayala City Clerk Page 6 of 6 r of REr, RECEIVED FEB 0 4 FEB 0 2 2015 CITY CLERK'S OFFICE STAFF REPORT CITYADMINISTRAT100 HUMAN RESOURCES DEPARTMENT DATE: February 17, 2015 TO: Honorable Mayor and City Council FROM: Teresa McAllister, Director of Human ResourceJ j RE: Service Pin Awards for January 2015 Recommendation City Council to present Service Pins to those employees hired in January. 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. 2015 SERVICE PIN LIST JANUARY ANNIVERSARY EMPLOYEE'S NAME DEPARTMENT TITLE D.O.H YEARS .ferry Winegar Police Police Lieutenant 1/8/1990 25 Donald Vanover Police Police Officer 1/30/1995 20 ]Belinda Arellano Police Police Dipatcher 1/3/2000 15 ;Shirley Salas Finance Business License Clerk 1/3/1995 20 pI V 4305 Santa Fe Avenue City of Vernon Vernon,CA 90058 (323) 583-8811 o� NOTICE OF RE-SCHEDULED PUBLIC HEARING REGARDING THE PROPOSED VACATION OF PORTION OF AYERS AVENUE AND NOTICE OF INTENT TO ADOPT NEGATIVE DECLARATION The City of Vernon will conduct a Public Hearing,which you may attend. PLACE: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon,CA 90058 DATE& Tuesday,February 17,2015 at 9:00 a.m. TME: (or as soon thereafter as the matter can be heard) PURPOSE: To consider:(1)The City of Vernon intends to vacate a portion of Ayers Avenue south of Bandini Boulevard in accordance with Division 9 of the Streets and Highways Code of the State of California(commencing with Section 8300)otherwise known as the Public Streets, Highways and Service Easements Vacation law,and (2)the adoption of a Negative Declaration in accordance with the California Environmental Quality Act determining that the proposed street vacation will not have a significant effect on the environment. - T 84N��N' LL 4 V ftut£V a2 aROPOSED PORTIO �RQ Of AYERS AVE. IC} qp ' E YACATEi]`-- 4 A copy of the proposed street vacation and proposed negative declaration will be available for public review during normal business hours in the Vernon Public Works,Water&Development Services Department, located at 4305 Santa Fe Avenue,Vernon,California,from January 13,2015 to February 17,2015. The public is also invited to submit written comments prior to the hearing, You may submit written comments on the proposed negative declaration until 9:00 a.m.on February 17,2015. Comments received after that date may not receive full consideration. If you challenge the adoption of the proposed street vacation,and the adoption of the Negative Declaration you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at,or prior to,the meeting. The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and place without further,notice of a public hearing Dated: — Ana Barcia ty Ci C 4305 Santa Fe Avenue City of Vernon Vernon,CA 90058 (323)583-8811 4 re L7 1riv51 NOTICE OF PUBLIC BEARING REGARDING THE PROPOSED VACATION OF PORTION OF AYERS AVENUE AND NOTICE OF INTENT TO ADOPT NEGATIVE DECLARATION The City of Vernon will conduct a Public Hearing,which you may attend. PLACE: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon,CA 90058 DATE& Tuesday,February 3,2015 at 9:00 a.m. TUKE: (or as soon thereafter as the matter can be heard) PURPOSE: To consider.(1)The City of Vernon intends to vacate a portion of Ayers Avenue south of Bandini Boulevard in accordance with Division 9 of the Streets and Highways Code of the State of California(commencing with Section 8300)otherwise known as the Public Streets, Highways and Service Easements Vacation law;and (2)the adoption of a Negative Declaration in accordance with the California Environmental Quality Act determining that the proposed street vacation will not have a significant effect on the environment. z � z J! 'i,5l,A.I - ti�NU A copy of the proposed street vacation and proposed negative declaration will be available for public review during normal business hours in the Vernon Public Works,Water&Development Services Department, located at 4305 Santa Fe Avenue,Vernon,California,from January 13,2015 to February 3,2015. The public is also invited to submit written comments prior to the hearing. You may submit written comments on the proposed negative declaration until 9:00 a.m.on February 3,2015. Comments received after ' that date may not receive full consideration. If you challenge the adoption of the proposed street vacation,and the adoption of the Negative Declaration you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at,or prior to,the meeting. The hearing may be continued or adjourned or cancelled and res, c u • to a stated time and place without further notice of a public hearing. Dated: Ana Ba � , puty Ci v Cl {of�gR* ' RECEIVED FEB 10 2015 CITY AOMPHISTRATION STAFF REPORT PUBLIC WORKS, WATER & DEVELOPMENT SERVI ES Eng DATE: February 17,2015 TO: Honorable Mayor and City Council PREPARED BY: Lissette Melendez,Associate Engineeoc APPROVED BY: Samuel Kevin Wilson,Director of Public Works,Water&Development Services RE: A Resolution of the City Council of the City of Vernon vacating a portion of Ayers Avenue south of Bandini Boulevard and adopting a Negative Declaration pursuant to the California Environmental Quality Act Recommendation It is recommended that the City Council: 1. Adopt the attached resolution vacating a portion of Ayers Avenue south of Bandini Boulevard and adopting a negative declaration pursuant to the California Environmental Quality Act, which Authorize the sale of Ayers Avenue. 2. Authorize the City Administrator to execute a quitclaim deed, on behalf of the City, remising, releasing and quitclaiming any interest and claim by the City of Vernon in the property. Backeround This portion of Ayers Avenue was dedicated to the City of Vernon for street purposes as part of a grant deed dated September 3, 1985. It was the City's intention to utilize the acquired additional right-of-way to widen the intersection approach of Ayers Avenue south of Bandini Boulevard. The improvements to widen the intersection were never completed and the portion of right-of-way is currently an unused strip of land behind the east sidewalk on Ayers Avenue just south of Bandini Boulevard. The City has abandoned its initial intent and no longer plans to widen Ayers Avenue. Rationale for Vacation Section 8324 of the California Streets and Highways Code (SHC) provides that a general vacation may be ordered by the City Council if it finds that the public right-of-way proposed to be vacated is unnecessary for present of prospective public use. The City currently must maintain and perform weed control at this site. Due to the uneven surfaces the site poses a potential liability if someone were to trip and fall. Therefore, it is in the Public's best interest to dispose of this excess land. The proposed vacation meets this criterion because sufficient right-of-way width would remain to comply with City street standards as set forth in the City's General Plan,ordinances and development polices. w.r �r The portion of right-of-way being vacated contains approximately 4,679 square-feet of land. Since there are no utilities within the proposed right-of-way, no easements or relocations are required as part of the vacation. As part of the vacation and for a valuable consideration, the City intends to transfer the vacated portion of Ayers Avenue to an adjoining property owner. The City's General Plan designates Ayers Avenue as a local street with no proposed improvements for widening or realignment. The current width of the Ayers Avenue roadway conforms to the General Plan requirements, therefore the vacation of this portion of Ayers Avenue that is not currently used as street right of way will conform to the City's General Plan. Required Transportation Finding State law requires that prior to vacating any right-of-way the legislative body must determine that the area to be vacated would not be useful as a non-motorized transportation facility. Presently, the area to be vacated does not contain and would not be needed to accommodate such facilities in the future. Adequate right-of- way currently exists which accommodates sidewalks along the east side of Ayers Avenue. Public HearinE Notification Vacation procedures have being completed in accordance with Division 9 of the Streets and Highways Code, otherwise known as the Public Streets, Highway and Service Easements Vacation Law. This included posting a notice on the portion of the street to be vacated for at least two weeks prior to the hearing and placing a notice in the local newspaper on January 29, 2015 and February 5, 2015. The City's Engineering Division prepared an Initial Study dated January 5, 2015, in accordance with the California Environmental Quality Act (CEQA), which found that the proposed vacation could not have a significant effect on the environment. It is recommended that a negative declaration be adopted and a notice of determination be filed with the County Clerk. Notification of Utility Companies All utility agencies providing service in the project area have been notified about this proposed vacation. No comments have been received to date. Any comments received from the utilities will be forwarded to the Council. Disposition of Vacated Right-of-Way The City owns fee title to the right-of-way area proposed to be vacated. California Streets and Highways Code (SHC) Section 8355 authorizes the City to sell or exchange the vacated area. Staff proposes to sell the vacated area to 4490 Ayers Avenue for$25,000. Fiscal Impact The City sale of the vacated area to 4490 Ayers Avenue, LLC, would result in receipt by the City of$25,000. SHC Section 8357 specifies that the purchase price be credited to any fund available for the same purposes for which the property was used. No additional fiscal impacts are associated with the project. SKW:Im Attachments Initial Study Street Vacation Portion of Ayers Avenue (Strip of land located South of Bandini Boulevard) Lead Agency Name & Address: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Contact Person & Phone: Kevin Wilson Director of Public Works, Water& Development Services (323) 583-8811 January 5, 2015 CEQA Environmental Checklist Form 1. Project Title: Vacation of a portion of Ayers Avenue South of Bandini Boulevard 2. Lead Agency Name and Address: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 3. Contact Person and Phone Number: Kevin Wilson Director of Public Works, Water& Development Services (323) 583-8811 4. Project Location: City of Vernon 5. Project Sponsor's Name and Address: City of Vernon 4305 Santa Fe Avenue Vernon, CA 9005 6. General Plan Designation: Industrial 7. Zoning: "I-Zone", Industrial 8. Description of the Project: The City intends to vacate a portion of Ayers Avenue south of Bandini Boulevard in accordance with Division 9 of the Streets and Highways Code of the State of California (commencing with Section 8300) otherwise known as the Public Streets, Highways and Service Easements Vacation Law. 9. Surrounding Land Uses and Setting: The surrounding land use is industrial. The City of Vernon is primarily made up of industrial and distribution type facilities. The proposed portion of Ayers Avenue to be vacated is bordered by Ayers avenue on the west, Bandini Boulevard on the north and a parking lot to the east and south. 10. Other public agencies whose approval is required: • None Street Vacation—Portion of Ayers Avenue Initial Study CEQA Environmental Checklist Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact"as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture and ❑ Air Quality Forestry Resources ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Hazards& Hazardous ❑ HydrologyMlater ❑ Land Use/Planning Materials Quality ❑ Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities/Service ❑ Greenhouse Gas ❑ Mandatory Findings Systems Emissions of Significance Determination: On the basis of this initial evaluation: ® 1 find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ 1 find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ 1 find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ 1 find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ 1 find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation me es that are imposed upon the proposed project, nothing further is required. 1c7 Signature Date PrintecrName Street Vacation—Portion of Ayers Avenue Initial Study CEQA Environmental Checklist 1. AESTHETICS. Would the project. Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact a. Have a substantial adverse effect on a scenic vista? X b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within X a state scenic hi hwa ? C. Substantially degrade the existing visual character or quality of X the site and its surroundings? d. Create a new source of substantial light or glare which would X adversely affect day or nighttime views in the area? Discussion 1.) a.through d. The proposed vacation will have no impacts on the aesthetics of the City. 2. AGRICULTURE AND FOREST RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland are significant environmental effects, lead agencies may refer to information complied by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. -- Would the project. Potentially Potentially Significant Unless Less Than Significant I Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring X Program of the California Resources Agency, to non- agricultural use? b. Conflict with existing zoning for agricultural use, or a X Williamson Act contract? C. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section X 4526), or timberland zoned Timberland Production (as defined by Government Code section 511104(g))? d. Result in the loss of forest land or conversion of forest land to X non-forest use? e. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, X to non-agricultural use or conversion of forest land to non-forest use? Discussion 2.) a. through e. The proposed portion of street to be vacated is located in the "strictly industrial' City of Vernon. The City has no agricultural farmland or agricultural use. There is no existing or proposed zoning for forest land or issues relating to conversion of forest land to non-forest use. The site is zoned I, "Industrial', per the City of Vernon Zoning Code. No agricultural uses are permitted under the current zoning designation. Therefore, the project would not Street Vacation—Portion of Ayers Avenue Initial Study CEQA Environmental Checklist conflict with existing agricultural resources, or zoning. No impacts would occur, and no mitigation measures would be necessary. 3. AIR QUALITY. Where available the significance criteria established b the applicable air quality � 9 Y PP � Q tY management or air pollution control district may be relied upon to make the following determinations. Would the project. Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Im act Impact a. Conflict with or obstruct implementation of the applicable air X quality Ian? b. Violate any air quality standard or contribute substantially to an X existing or projected air quaRy violation? c- Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality X standard (including releasing emissions which exceed quantitative thresholds for ozoneprecursors)? d. Expose sensitive receptors to substantial pollutant X concentrations? I `a Create objectionable odors affecting a substantial number of r X L people? Discussion 3.)a.through e. The proposed vacated street is a small portion of Ayers Avenue consisting of a strip of land that is not currently used as a roadway, but is rather an excess strip of vacant land, located behind the sidewalk and currently paved with asphalt. The proposed vacation will have no impact on air quality. The City of Vernon is located within the South Coast Air Basin of California. The basin covers a 6,600-square mile area within Orange County, non-desert portions of Los Angeles County, Riverside County, and San Bernardino County. Air quality in the basin is monitored by the South Coast Air Quality Management District ("AQMD") at 35 monitoring stations throughout the area. The monitoring station nearest to the City of Vernon is the Pico Rivera station. Readings at the station are used to characterize air quality in the City of Vernon. 4. BIOLOGICAL RESOURCES. Would theproject? _ Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Im act a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, X policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional X plans, policies, and regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? C. Have a substantial adverse effect of federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) X through direct removal, filling, h drolo ical interruption, or other J Street Vacation—Portion of Ayers Avenue Initial Study CEQA Environmental Checklist 4 means? d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native X resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or X ordinance? f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved X local, regional, or state habitat conservation plan? Discussion 4.)a.through If. The proposed vacated street is a small portion of Ayers Avenue consisting of a strip of land that is not currently used as a roadway, but is rather an excess strip of vacant land, located behind the sidewalk and currently paved with asphalt. Vernon is in a highly developed industrial area. No vegetation or natural habitat exists on the proposed vacation location. No wildlife has been identified proximate to the project, nor are there wetlands or riparian areas nearby. The project will not alter or disperse any migration corridors. No impacts would occur, and no mitigation measures are necessary. S. CULTURAL RESOURCES. Would the project. Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Im act Incorporated Impact Impact a. Cause a substantial adverse change in the significance of a X historical resource as defined in Section 15064.5? b. Cause a substantial adverse change in the significance of an X archaeological resource pursuant to Section 15064.5? c. Directly or indirectly destroy a unique paleontological resource X or site or unique geologic feature? _ d. Disturb any human remains, including those interred outside of X formal cemeteries? Discussion 5.)a.through d.Vernon is highly industrialized; no known unique historic, archeological, paleontological ethnic cultural resources, or religious or sacred uses exist in the vacation area. Therefore, no impact is expected. 6. GEOLOGY AND SOILS. Would the project. Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and SUDDorting Information Sources Impact Incorporated Impact Impact a. Expose people or structures to potential substantial adverse X effects, including the risk of loss, injury, or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial X evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? X Seismic-related ground failure, including liquefaction? X iv. Landslides? X Street Vacation—Portion of Ayers Avenue Initial Study CEQA Environmental Checklist 5 b. Result in substantial soil erosion or the loss of topsoil? X c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and X potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life X or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers X are not available for the disposal of wastewater? Discussion 6.) a. i. through iv. Vacation of the portion of Ayers Avenue will not expose people or structures to any potential substantial adverse effects. 6.) b. through e. The portion of street that is proposed to be vacated is a strip of land that is flat and overlaid with asphalt concrete. 7. GREEENHOUSE GAS EMISSIONS -- Would the project. Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact a. Generate green gas emissions either directly or indirectly, that X may have a significant impact on the environment? b. Conflict with an applicable plan, policy or regulation adopted for X the purpose of reducing the emissions of greenhousegases? Discussion 7.) a. and b. Vacation of the proposed portion of Ayers Avenue will not generate any green gas emissions. 8. HAZARDS AND HAZARDOUS MATERIALS. Would the ro'ect: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Su ortin9_Information Sources Impact incorporated Impact Impact a. Create a significant hazard to the public or the environment through the routine transportation, use, or disposal of X hazardous materials? b Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions X involving the release of hazardous materials into the environment? _ C. f Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one-quarter mile of an X existing or proposed school? Street Vacation—Portion of Ayers Avenue Initial Study CEQA Environmental Checklist 6 d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section X 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public X airport or public use airport, would the project result in a safety hazard for people residing or working in the pro ect area? f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working X in the project area? g. Impair implementation of or physically interfere with an adopted X emergency response plan or emergency evacuation Ian? h_ Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are X adjacent to urbanized areas or where residences are intermixed with wildlands? Discussion 8.)a.through h. The proposed vacation will not result in any additional hazards. The local Certified Unified Program Agency (CUPA) regulates use and storage of hazardous materials at any facility within the City of Vernon, which is the City of Vernon Environmental Health Department. All facilities within the City are regularly inspected by the Vernon Fire and Environmental Health Departments for code violations. The inspections are made to reduce the potential for urban fires and chemical releases. The Vernon Fire Department has a fully manned hazardous materials unit. All personnel are trained in hazardous material response. The proposed vacation will not impact existing regulations and permitting requirements. Therefore, this impact will be less than significant. 9. HYDROLOGY AND WATER QUALITY. Would the project. Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact a. Violate any water quality standards or waste discharge X requirements? b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing X nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been ranted)? C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream X or river, in a manner which would result in substantial erosion or siltation on-or off-site? d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream X or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site? e. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems X or provide substantial additional sources of polluted runoff? Street Vacation—Portion of Ayers Avenue Initial Study CEQA Environmental Checklist f- Otherwise substantially degrade water quality? X g- Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate X Map or other flood hazard delineation map? h. Place within a 100-year flood hazard area structures which X would impede or redirect flood flows? 1. Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the X failure of a levee or dam? j. Inundation by seiche, tsunami, or mudflow? X Discussion 9.) a. through j. The proposed vacation will have no impact on the hydrology,water quality or water consumed in the City. 10. LAND USE AND PLANNING. Would the project. -� Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact a. Physically divide an established community? X b. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project(including, but not . limited to the general plan, specific plan, local coastal program, X or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c. Conflict with any applicable habitat conservation plan or natural community conservation plan? X Discussion 10.) a. through c. The proposed vacation area is zoned I-zone, (Industrial). The City of Vernon is primarily made up of industrial and distribution type facilities. The proposed vacation conforms with the zoning ordinance as well as with the General Plan, local codes as they now exist. Therefore, it will not conflict with any environmental plans or policies. 11. MINERAL RESOURCES. Would the project. Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the X state? b. Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, X specific plan or other land use plan? Discussion 11.)a. and b. The proposed vacation will have no impact on any mineral resources. Street Vacation—Portion of Ayers Avenue Initial Study CEQA Environmental Checklist 8 12. NOISE. Would the project result in: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise X ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive ground- X borne vibration or round-borne noise levels? c. A substantial permanent increase in ambient noise levels in the X project vicinRy above levels existing without the project? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the X project? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people X residing or working in the project area to excessive noise levels? _ f. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to X excessive noise levels? Discussion 12.) a. through f. Ayers Avenue is within an industrial area where the surrounding manufacturing and warehousing uses are not noise sensitive. The street vacation will not result in any noise. 13. POPULATION AND HOUSING. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Im act Impact a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or X indirectly(for example, through extension of roads or other infrastructure)? b. Displace substantial numbers of existing housing, necessitating X the construction of replacement housing elsewhere? c. Displace substantial numbers of people, necessitating the X construction of replacement housing elsewhere? Discussion 13.) a. through c. This project will have no impact on population growth, nor will it displace any existing housing or people. Street Vacation—Portion of Ayers Avenue Initial Study CEQA Environmental Checklist 9 14. PUBLIC SERVICES. Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources _ Impact Incorporated Impact rnpact a. Would the project result in substantial adverse physical impacts X associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire rotecdon? X Police roteebon? X Schools? X Parks? -- X Other public facilities? X Discussion 14.) a. The vacation is located in a highly industrialized and developed are. The proposed street vacation will not pose a need for new or altered fire, police, school, parks or other public facilities within the City of Vernon. The proposed vacation is a strip of land behind the existing east sidewalk of Ayers Avenue. 15. RECREATION. — Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact IncogLmted Impact Impact a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that X substantial physical deterioration of the facility would occur or be accelerated? b. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might X have an adverse physical effect on the environment? Discussion 15.) a. and b. No population increases or displacements are caused by this project. As such no recreational facilities or publicparks are impacted in any way. 16. TRANS PORTATIONITRAFFIC. Would the project: - — Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact IncoTorated Impact Impact a. Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of X transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but limited to intersections, streets, highways and freeways, Street Vacation—Portion of Ayers Avenue Initial Study CEQA Environmental Checklist 10 pedestrian and bicycle paths, and mass transit? b. Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the X county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in X substantial safety risks? d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections)or incompatible uses X (e.g., farm equipment)? e. Result in inadequate emergency access? X f. Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise X decrease the performance or safety of such facilities? Discussion 16.) a. through f. The vacating portion of said street it is currently an unused strip of land behind the east sidewalk on Ayers Avenue just south of Bandini Boulevard. Ayers Avenue is a local street with very light traffic loads. The neighboring intersections operate at an acceptable level of service. Therefore, the proposed vacation will not increase vehicle trips or traffic congestion. 17. UTILITIES AND SERVICE SYSTEMS. Would the project. T -— Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Im act Incorporated Impact Impact a. Exceed wastewater treatment requirements of the applicable X __-Regional Water Quality Control Board RWQCB ? b. I Require or result in the construction of new water or wastewater treatment facilities or expansion of existing X facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the X construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or X expanded entitlements needed? e. Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate X capacity to serve the project's projected demand in addition to theprovider's existing commitments? f. Be served by a landfill with sufficient permitted capacity to X accommodate the roject's solid waste disposal needs? g. Comply with federal, state, and local statutes and regulations X related to solid waste? Street Vacation—Portion of Ayers Avenue Initial Study CEQA Environmental Checklist 11 Discussion 17.) a.through g. The proposed vacation is located in an area that is fully urbanized and served by an existing extensive electrical and gas infrastructure. The vacation will not result in the need for new power lines or natural gas systems. No utilities are located within the proposed vacated strip. Existing utilities within the Ayers Avenue right-of- way will be maintained in place. j 18. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project. Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supportin Information Sources Impact Incorporated Impact Impact a. -[environment, Does the project have the potential to degrade the quality of the substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal X community, reduce the number or restrict the range of a rare or j endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are X considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? C. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or I X indirectly? Discussion 18.) a. through c. As previously indicated the project is the vacation of a small portion of Ayers Avenue consisting of a strip of land that is not currently used as a roadway, but is rather an excess strip of vacant land, located behind the sidewalk and currently paved with asphalt. The project is located within the City of Vernon, zoned "I" Industrial.The City of Vernon is primarily made up of industrial and distribution type facilities with limited plant life. Plant life is limited to non-native and ornamental species, which are used for landscaping. Animal life in Vernon and nearby urban communities consists of bird, reptile and mammal species that live in close proximity to man. There are no endangered species in Vernon. There is no evidence or important examples of major periods of California history in Vernon. Therefore, the proposed street vacation will create no impact. There will not be an impact on long-term environmental goals. The proposed vacation will not cause a cumulative impact to air quality, traffic, noise, groundwater, surface water, or exposure to hazardous materials, and will not create any impact to sensitive receptors, except that the project may cause a less than significant impact on greenhouse gas emissions. Therefore, the proposed street vacation will have no impact on the environment. Street Vacation—Portion of Ayers Avenue Initial Study CEQA Environmental Checklist 12 NOTICE OF DETERMINATION To: Los Angeles County From: City of Vernon Registrar-Recorder/County Clerk 4305 Santa Fe Avenue 12400 Imperial Highway Vernon, CA 90058 Norwalk, CA 90650 Lead Agency: City of Vernon Phone Number: (323) 583-8811/245 Contact Person: Samuel Kevin Wilson Subject: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. State Clearinghouse Number. N/A Project Title: Vacation of a portion of Ayers Avenue south of Bandini Boulevard Project Applicant: City of Vernon Project Location (include county) 4305 Santa Fe Avenue,Vernon, CA 90058 -Los Angeles County Project Description: The City of Vernon intends to vacate a portion of Ayers Avenue south of Bandini Boulevard in accordance with Division 9 of the Streets and Highways Code of the State of California(commencing with Section 8300) otherwise known as the Public Streets,Highways and Service Easements Vacation law This is to advise that the City of Vernon has approved the above described project on February 17,2015 and has made the following determinations regarding the abovedescribed project: 1. The project will not have a significant effecton the environment. 2. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. A statement of Overriding Considerations was not adopted for this project. 4. Findings were not made pursuant to the provisions of CEQA. This is to certify that the Negative Declaration with comments and responses and record of project approval is available to the general public at Vernon City Hall,4305 Santa Fe Avenue,Vernon,CA 90058: Signature(Public Agency):._. _ Title:Director of Public Works, Water& Development Services Date: _ ._ Date Received for filing at County Clerk: . RECORDING REQUESTED BY and WHEN RECORDED MAIL TO: City of Vernon 4305 Santa Fe Avenue Vernon,CA 90058 Attention: City Clerk i MAIL TAX STATEMENTS TO: Exempt THE SPACE ABOVE IS FOR RECORDER'$_USE_ QUITCLAIM DEED THE UNDERSIGNED GRANTOR(s)DECLARE(s): FOR VALUABLE CONSIDERATION,RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, CITY OF VERNON, a body corporate and politic("Grantor"),hereby remises,releases and quitclaims to 4490 AYERS AVENUE,LLC,a California limited liability company (collectively,"Grantee"),its successors and assigns,all right,title, interest and claim of the City in the property located in the City of Vernon, Los Angeles County, California,as described in Exhibit"A"and shown in Exhibit`B"attached hereto and incorporated herein by this reference. 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 Tide) 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" THOSE PORTIONS OF LOTS 90 AND I I I OF THE RANCHO LAGUNA AS SHOWN ON MAP FILED AS EXHIBIT"A"IN LOS ANGELES SUPERIOR COURT CASE No.B-25296,A CERTIFIED COPY OF WHICH IS RECORDED IN BOOK 6387 AT PAGES 1 ET SEQ.OF DEEDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID LOS ANGELES COUNTY,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHERLY LINE OF BANDINI BOULEVARD AS DESCRIBED IN THE DEED RECORDED IN BOOK 3860 AT PAGE 214 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER, WHICH POINT LIES NORTH 67040'55"WEST ALONG THE CENTERLINE OF SAID BANDINI BOULEVARD A DISTANCE OF 1420.39 FEET;THENCE SOUTH 22-19.05"WEST 40 FEET FROM AN INTERSECnON WITH THE CENTERLINE OF ATLANTIC BOULEVARD(FORMERLY PASADENA AVENUE)AS DESCRIBED IN THE DEED RECORDED IN BOOK 864 AT PAGE 317 OF SAID OFFICIAL RECORDS WHICH POINT ALSO LIES IN THE WESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED OF DENVER CHICAGO TRUCKING COMPANY,INC.,RECORDED AS DOCUMENT 1334 OF FEBRUARY 24,1958 IN BOOK D 21 AT PAGE 672 OF SAID OFFICIAL RECORDS,SAID LAST MENTIONED POINT BEING THE TRUE POINT OF BEGINNING AND THE NORTHEAST CORNER OF THE C.K.WILLIAMS&CO.PROPERTY DESCRIBED IN THE DEED OF C.K. WILLIAMS&CO.,RECORDED AS D 754 AT PAGE 670 OF SAID OFFICIAL RECORDS OF SAID COUNTY;THENCE NORTH 67°40'55"WEST 20 FEET ALONG THE NORTHEASTERLY LINE OF SAID C.K.WILLIAMS&CO. PROPERTY;THENCE SOUTH 22°19'05"WEST 100 FEET TO A POINT OF TANGENCY;THENCE ALONG A 986.87 FOOT TANGENT CURVE CONCAVED NORTHWESTERLY 285.23 FEET TO A POINT OF CUSP;THENCE NORTH 38052'41"EAST 213.79 FEET TO A POINT IN THE SOUTHESATERLY LINE OF SAID C.K.WILLIAMS&CO. PROPERTY;THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY LINE TO THE TRUE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESIGNATED TRUE POINT OF BEGINNING;THENCE NORTH 67°40'55"WEST 20 FEET;THENCE SOUTH 22'19'05"WEST 50 FEET TO A POINT ON A TANGENT CURVE CONCAVED SOUTHEASTERLY AND HAVING A RADIUS OF 40 FEET;THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 60000.01",AN ARC LENGTH OF 41.89 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID C.K.WILLIAMS&CO.PROPERTY;THENCE NORTHEASTERLY ALONG SAID LINE NORTH 22'19'05"EAST 15.36 FEET TO THE POINT OF BEGINNING. MAP ATTACHED AS EXHIBIT'B". PAGE 1 OF 1 G f t J +k � e ' r RANCHO LAGUNA f *v cb �$ BOOK 6387 4 / r * b FADES 1 ET EQ. OF DEEDS k f H y 4. CURVE IARC LENGTH IRAD11JS DELTA ANGLE C1 12a5.23, 1986AT 119'33'36- � •14 C2 41.59 40.00 60'00'01 { # VACATED PORTION OF AYERS AVE. #° CONTAINS: f4,679.20 SO. FT. �c " N.T.S. EXHIBIT B SHEET 1 OF 1 � . - : ® \ . � \ � , .� �.•- . ,. - . . . � • . . • - : ` � a � §ƒ � = & » :� 4 /5«»- • Al » � / ± � J � 1 3 r *X 1 � ��' • i2� - - 4'�_ _ - r i f b 1 +I f I 'r r 'i �Y 4 � r_ r r. i Y � i � 1 s RESOLUTION NO . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON VACATING A PORTION OF AYERS AVENUE SOUTH OF BANDINI BOULEVARD AND ADOPTING A NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, that certain portion of Ayers Avenue, approximately 4 , 579 square-feet of land located within the City of Vernon is deemed no longer necessary for present or prospective street purposes; and WHEREAS, said portion of Ayers Avenue was dedicated to the City of Vernon for street purposes as part of a grant deed dated September 3 , 1985; and WHEREAS, it was the City` s intention to utilize the acquired additional right-of-way to widen the intersection approach of Ayers Avenue south of Bandini Boulevard; and WHEREAS, the improvements to widen the intersection were never completed and the portion of right-of-way is currently an unused strip of land behind the east sidewalk on Ayers Avenue just south of Bandini Boulevard, therefore, the City has abandoned its initial intent and no longer plans to widen Ayers Avenue; and WHEREAS, City intends to transfer the vacated portion of Ayers Avenue to an adjoining property owner; and WHEREAS, the City Council has examined the location, purpose, and extent of said portion of said street and has reviewed the conformity of said proposed vacation with the General Plan and the Zoning Ordinance of the City of Vernon; and WHEREAS, the Public Works, Water and Development Services Department issued an Initial Study dated January 5 , 2015, to determine whether the proposed project will have adverse impacts on the environment and has determined that the proposed project will not have a significant adverse effect on the environment, and the Director of Public Works, water and Development Services has recommended that a Negative Declaration be adopted in compliance with the California Environmental Quality Act ( "CEQA" ) ; and WHEREAS, the City of Vernon has provided notice of its intent to adopt a Negative Declaration for the proposed project and has provided a public review period of not less than 20 days, as required by the California Environmental Quality Act and the State CEQA Guidelines; and WHEREAS, the City Clerk published a notice of the public hearing in accordance with Government Code Section 6066 in the Vernon Sun, which was determined to be a newspaper of general circulation; and WHEREAS, on February 17, 2015, the City Council of the City of Vernon held a public hearing on the consideration of the vacation of a portion of Ayers Avenue south of Bandini Boulevard; and WHEREAS, vacation procedures have been completed in accordance with Division 9 of the Streets and Highways Code, otherwise known as the Public Streets, Highway and Service Easements Vacation Law; and WHEREAS, the City Council has heard and considered all evidence, both written and oral, presented in consideration of the proposed vacation of a portion of Ayers Avenue, approximately 4, 679 square-feet of land, and south of Bandini Boulevard in the City of Vernon. 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 - 2 - finds and determines that the above recitals are true and correct. SECTION 2 : The City Council of the City of Vernon finds that the portion of Ayers Avenue, approximately 4, 679 square-feet of land, and south of Bandini Boulevard in the City of Vernon is no longer necessary for public road purposes . SECTION 3 : The City Council of the City of Vernon finds that the vacation of said portion of said street as described is in the public interest. SECTION 4 : The City Council of the City of Vernon further finds that all persons have had the opportunity to be heard or to file written comments to the proposed Ayers Avenue vacation and after due consideration of all the evidence submitted at the public hearing determines that there are compelling reasons to justify vacating a portion of Ayers Avenue, approximately 4, 679 square-feet of land, and south of Bandini Boulevard in the City of Vernon. SECTION 5 : The City Council of the City of Vernon further finds on the basis of the whole record before it (including the initial study) that there is no substantial evidence that the street vacation will have a significant effect on the environment individually or cumulatively, and that the Negative Declaration reflects the City' s independent judgment and analysis, and on the basis of said findings the City Council hereby approves and adopts the Negative Declaration for the street vacation in accordance with the California Environmental Quality Act . SECTION 6 : The City Council of the City of Vernon hereby approves the Initial Study dated January 5, 2015, a copy of which documents have been submitted to the City Council concurrently herewith, and the City Clerk, or Deputy City Clerk, is directed to - 3 - receive and file them. Such documents and other materials which constitute the record of proceedings in this matter shall be maintained in the office of the City Clerk who is and shall be the custodian thereof . SECTION 7 : The City Council of the City of Vernon hereby directs the City Clerk, or Deputy City Clerk, to file a Notice of Determination in regard to the environmental impact of said street vacation. SECTION 8 : The City Council of the City of Vernon does hereby order the vacation of that portion of Ayers Avenue, approximately 4 , 679 square-feet of land, and south of Bandini Boulevard, as shown on the attached Exhibit A. The vacation of said portion of Ayers Avenue, approximately 4 , 679 square-feet of land, and south of Bandini Boulevard, is pursuant to the provisions of Division 9 of the Streets and Highways Code of the State of California (commencing with Section 8300) otherwise known as the Public Streets, Highways and Service Easements Vacation Law. SECTION 9 : The City Clerk, or Deputy City Clerk, of the City of Vernon is hereby instructed to cause a certified copy of this Resolution of vacation, attested by the City Clerk, or Deputy City Clerk, under the seal of the City of Vernon, to be recorded without acknowledgement, certificate of acknowledgment, or further proof in the office of the County Recorder of the County of Los Angeles, and said recordation shall be exempt from recording fees . SECTION 10 : From and after the date on which this Resolution is recorded with the County Recorder of the County of Los Angeles, the vacation of a portion of Ayers Avenue, approximately 4 , 679 square-feet of land, and south of Bandini Boulevard, shall be complete and no - 4 - longer constituted as a street in the City of Vernon. SECTION 11 : 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 17th day of February, 2015 . Name : Title: Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPR VE ��WRM: Hem t i y Attorney - 5 - 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, February 17, 2015, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of February, 2015, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) - 6 - EXHIBIT A 0.co l N 6v -\ - ---- n 6>•40 4 T fl I � ss.. � T.P.O.B.rp � ��- 11 2p�_ = NrE`RN mod? p +rer r1 � ry J, Q• n 17 I 11 ! I,, 41RANCHO LAGUNA q ry BOOK 6387 „ PAGES 1 ET SEQ. OF DEEDS ,, 11 „ ry 1 ri ry 7 r H r p� I li q 6 ry V � ri ♦ ry . rr ti !• r rr , 11,& CURVE ,ARC LENGTH RADIUS DELTA ANGLE Cl 285.23' 986.87' 16'33'36" C2 41.89' 40.00. 60'00'01" VACATED PORTION OF AYERS AVE. CONTAINS: t4,679.20 SQ. FT. ,r r' r N.T.S. EXHIBIT "A " SHEET 1 OF 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, FEBRUARY 3, 2015, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: McCormick, Maisano, Martinez MEMBERS ABSENT: Davis The meeting was called to order at 9:00 a.m. by Mayor McCormick; Councilmember Maisano 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. Vernon business owner TJ Lodrup addressed the Council and expressed his concerns regarding the business license fees. Lodrup explained that he is charged twice because he has two business locations in Vernon. He inquired whether this issue can be addressed. NEW BUSINESS 1. Resolution No. 2015-04 -A Resolution of the City Council of the City of Vernon appointing Maria Ayala to serve as the City Clerk of the City of Vernon and approving and authorizing the execution of a related employment agreement. Recommendation: (1) Find that the approval of the proposed 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) Adopt the resolution appointing Maria Ayala to serve as the City Clerk of the City of Vernon effective February 9, 2015, and approving and authorizing the execution of an at-will employment agreement. It was moved by Maisano and seconded by Martinez to approve Resolution No. 2015-04. Motion carried, 3-0. Mayor McCormick administered the oath of office. Newly appointed City Clerk Maria Ayala, thanked everyone; she looks forward to serving the City of Vernon. PRESENTATIONS 2. City of Vernon 2nd Quarter 2014-2015 Financial Update by the Finance Director. Finance Director William Fox conducted the presentation providing an update on the second quarter financial results for fiscal year 2014-2015, the City's investment portfolio, and bond refunding. In response to Independent Reform Monitor John Van de Kamp, Fox confirmed that the information provided includes depreciation and further explained. In further response to Van de Regular City Council Meeting Minutes February 3, 2015 Kamp, Fox advised that elements such as depreciation and cash flow statement can be highlighted in future presentations. CONSENT CALENDAR It was moved by Martinez and seconded by Maisano to approve all matters listed under the Consent Calendar under one motion. Motion carried, 3-0. Claims Against the City—Received and Filed 3. Claim for Damages received on January 26, 2015 from Arturo Zurita, Zurita Trucking/Naihart Transport in an amount in excess of$50,000. 4. Claim for Damages received on January 27, 2015 from Mario Rojas in an amount to be determined. 5. Claim for Damages received on January 27, 2015 from Rosalva Saavedra in an amount to be determined. Minutes—To be Received and Filed 6. Minutes of the Regular City Council Meeting held January 20, 2015. Warrant Registers 7. Approval of City Warrant Register No. 1417, totaling $1,876,835.69, which covers the period of January 13, through January 26, 2015, and consists of the following: a. Ratification of wire transfers totaling $865,860.72; and b. Ratification of the issuance of early checks totaling $767,268.39; and c. Authorization to issue pending checks totaling $243,706.58. 8. Approval of Light & Power Warrant Register No. 382, totaling $4,250,362.44, which covers the period of January 13, through January 26, 2015, and consists of the following: a. Ratification of wire transfers totaling $3,732,264.28; and b. Ratification of the issuance of early checks totaling $439,352.08; and c. Authorization to issue pending checks totaling $78,746.08. 9. Approval of Gas Warrant Register No. 170, totaling $21,692.29,which covers the period of January 13, through January 26, 2015, and consists of the following: a. Ratification of the issuance of early checks totaling $15,026.55; and b. Authorization to issue pending checks totaling $6,665.74. Police Department 10. Activity Log and Statistical Summary of Arrests and Activities for the period of January 1 through January 15, 2015, to be received and filed. NEW BUSINESS City Administration Department 11. Resolution No. 2015-05 -A Resolution of the City Council of the City of Vernon adopting an amended and restated citywide fringe benefits and salary resolution in accordance with government code section 20636(b)(1) and repealing all resolutions in conflict therewith. Page 2 of 7 Regular City Council Meeting Minutes February 3, 2015 Recommendation: (1) Find that approval of the proposed 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) Adopt the resolution, effective December 28, 2014, adopting an amended and restated Citywide Fringe Benefits and Salary Resolution, to reflect the following corrections and transfers to Exhibit A—Classification and Compensation Plan: a. Director of Human Resources Classification -Y 1- frozen monthly salary should read $16,333.34 instead of$16,333. Pay grade should read E40. b. Fire Chief Classification-Minimum salary should read$15,530 instead of $15,531. c. Transfer IT Group from the Gas & Electric Department to the City Administration Department. d. Delete Y1 Salary Step - $9,537 from Programmer/Analyst Classification e. City Council and Mayor pay grade should read 001 instead of 01. Human Resources Director Teresa McAllister reported on the proposed, advising that this is a clean-up item to address minor corrections. There is no fiscal impact. It was moved by Maisano and seconded by Martinez to approve Resolution No. 2015-05. Motion carried, 3-0. 12. Appointment to the Vacant Vernon Area Representative Seat on the Vernon CommUNITY Fund Grant Committee. Recommendation: (1) Find that the appointment of individuals to serve on the Vernon CommUNITY Fund Grant Committee 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) Appoint one of the following two candidates to fill the vacant Vernon Area Representative seat on the Vernon CommUNITY Fund Grant Committee: - Norma E. Rodriguez - Rafael Gonzalez It was moved by Maisano and seconded by Martinez to appoint Rafael Gonzalez to serve as a member of the Vernon CommUNITY Fund Grant Committee. Motion carried, 3-0. 13. Adoption of Amended Form At-Will Employment Agreements for City Of Vernon Executive and Staff Attorney Positions. Recommendation: (1) Find that approval of the proposed form at-will employment agreements for City of Vernon executive staff 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 and adopt the amended form at-will employment agreements (safety and non-safety)to be used for City of Vernon executives and staff attorneys (except the City Administrator and City Attorney). (3) Authorize the City Administrator or City Attorney to complete, execute, and when applicable, renew the appropriate form at-will employment agreement for each current and newly hired executive and staff attorney. Human Resources Director Teresa McAllister conducted the oral report on the proposed form at- will employment agreements for safety and non-safety. It was moved by Maisano and seconded by Martinez to adopt the amended form at-will employment agreement for City of Vernon Executive and Staff Attorney positions. Motion carried, 3-0. Page 3 of 7 Regular City Council Meeting Minutes February 3, 2015 Finance Department 14. Approval and Authorization to enter into an Attorney Services Agreement (Transactional) with Orrick, Herrington & Sutcliffe,LLP to serve as Bond & Disclosure Counsel to the City of Vernon relating to Electric Bond Financing Transactions. Recommendation: (1) Find that the approval of the proposed agreement 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 activities that may have an effect on the environment. Legal services provided in a bond financing are not subject to CEQA; and (2) Approve the Attorney Services Agreement (Transactional) with Orrick, Herrington & Sutcliffe, LLP ("Orrick"), in substantially the same form as submitted with the staff report, and authorize the City Administrator to execute the Agreement for a one year period for an amount not-to-exceed $165,000.00 to serve as Bond&Disclosure Counsel for the upcoming Electric Bond Financing Transactions. This entails providing general bond counsel and disclosure counsel services. The cost for bond counsel services is $100,000 and disclosure counsel services is $65,000 for a total of$165,000. Competitive bidding is not required pursuant to Vernon Municipal Code Section 2.17.12(a)(10) (Professional Services). Based upon Orrick's in depth knowledge of the City's existing bond covenants, legal and technical expertise in municipal bond financing, outstanding legal representation on prior City electric bonding &tax transactions, and competitive market pricing obtained, it has been determined that the best interest of the City is served by a direct award of the contract. Finance Director William Fox reported on the selection. In response to Independent Reform Monitor John Van de Kamp, Fox advised that the proposed fees are substantially less than in previous years. Additionally, the City will not incur any expenses unless the transaction goes through. The rates are comparable to SCPPA (Southern California Public Power Authority). It was moved by Maisano and seconded by Martinez to approve the attorney services agreement with Orrick, Herrington& Sutcliffe, LLP. Motion carried, 3-0. 15. Resolution No. 2015-06 -A Resolution of the City Council of the City of Vernon approving and adopting an updated whistleblower policy and repealing all resolutions in conflict therewith. Recommendation: (1) Find the adoption 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 adopting an updated Whistleblower Policy which provides for the enactment of the City's updated Whistleblower Policy& Fraud Hotline. Such approval will allow the City to further strengthen its Whistleblower policy including the launching of a Fraud Hotline. Finance Director William Fox reported on the proposed policy, he noted that the policy incorporates the recommendation made by the financial auditors. It was moved by Martinez and seconded by Maisano to approve Resolution No. 2015-06. Motion carried, 3-0. Gas and Electric Department 16. Approval of Change Order No. 2 to the Existing Consulting Services Agreement with Engineering Partners,Inc., for the Detailed Design and Preparation of Plans Page 4 of 7 Regular City Council Meeting Minutes February 3, 2015 for the Relocation of Power Poles related to the Rehabilitation of the Atlantic Blvd. Bridge over the Los Angeles River Bridge. Recommendation: (1) Find that the approval of Change Order No. 2 the Consulting Services Agreement with Engineering Partners, Inc., ("EPI"), is within the Initial Study/Mitigated Negative Declaration prepared for this project pursuant to the provisions under the California Environmental Quality Act ("CEQA") in accordance with Section 15063. The lead agency shall conduct an initial study to determine if the project may have a significant effect on the environment, and Section 15070; and (2) Approve and authorize the City Administrator to execute Change Order No. 2, in substantially the same form as submitted with the staff report, to the existing consulting services agreement with EPI for services related to additional detailed design and preparation of plans to reconstruct the overhead electric system on the west side of the Atlantic bridge, for a compensation amount not-to-exceed $125,000; thereby increasing the total contract value to a not-to-exceed amount of $272,385. Electric Resources Planning& Development Manager Abraham Alemu reported and explained the request for a Change Order. It was moved by Maisano and seconded by Martinez to approve Change Order No. 2 to the consulting services agreement with Engineering Partners, Inc. Motion carried, 3-0. Health and Environmental Control Department 17. Approval of the Agreement Accepting the Reassignment of the Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection by Crown Disposal Company, Inc., and allowing the Reassignment of the Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection to Recology Los Angeles c/o Recology Inc. Recommendation: (1) Find that approval for the request 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 any effect on the environment; and (2) Approve the Agreement, in substantially the same form as submitted with the staff report, accepting the reassignment of the Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection held by Crown Disposal Company, Inc., and assigning the Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection to Recology Los Angeles c/o Recology Inc. Director of Health and Environmental Control Leonard Grossberg reported on the reassignment. Independent Reform Monitor John Van de Kamp inquired whether Recology Inc. ("Recology") has natural gas vehicles. Joe Matz of Recology advised that Recology will be taking over the current fleet; any new additions will be clean energy vehicles. It was moved by Martinez and seconded by Maisano to approve the reassignment of the non- exclusive franchise agreement for commercial solid waste collection from Crown Disposal Company to Recology Los Angeles c/o Recology Inc. Motion carried, 3-0. Public Works,Water and Development Services Department 18. Approval of a Notice Inviting Bids - Contract CS-0533 for the Rehabilitation of Production Well No. 16. Page 5 of 7 Regular City Council Meeting Minutes February 3, 2015 Recommendation: (1) Find that the proposed Notice Inviting Bids is exempt under the California Environmental Quality Act(CEQA) in accordance with CEQA Guidelines Section 15301, subsections (b) and(d),because the project involves 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-0533 for the Rehabilitation of Production Well No. 16. Director of Public Works, Water and Development Services Kevin Wilson reported on the request. It was moved by Maisano and seconded by Martinez to approve the notice inviting bids for Contract No. CS-0533. Motion carried, 3-0. 19. Rejection of all Bids—for Equipping Well No. 21 and Related Site Work— Contract No. CS-0484. Recommendation: (1) Find that the request is not subject to the California Environmental Quality Act ("CEQA")because,under Guidelines 15270 CEQA does not apply to projects which a city disapproves; and even if it were subject to CEQA, it would be exempt in accordance with Section 15301, subsections (b) and (d), because the project involves negligible or no expansion of use beyond that existing at the lead agency's determination; and (2) Approve the rejection of all bid proposals, received on December 9, 2014, per Contract CS-0484 for Equipping Well No. 21 and Related Site Work, and authorize staff to re-advertise and solicit bids for Equipping Well No. 21 and Related Site Work. Director of Public Works, Water and Development Services Kevin Wilson conducted the oral report. In response to Independent Reform Monitor John Van de Kamp's concerns, Wilson advised that the bid will be redrafted to make the required information clear. It was moved by Maisano and seconded by Martinez to reject the bids for Contract No. 0484, and authorize staff to re-bid the contract. Motion carried, 3-0. ORAL REPORTS 20. City Administrator Reports—brief reports on activities and other brief announcements by the City Administrator and Department Heads. 21. City Council Reports—brief report on activities, announcements, or directives to staff. Police Chief Daniel Calleros reported on recent incidents in the City, including a major traffic collision incident that occurred on January 21, 2015. A community alert will be issued, providing awareness of recent fraudulent activity. Calleros also reported on changes to the asset forfeiture equitable-sharing program, noting that it should not have an effect on the City. In response to Independent Reform Monitor John Van de Kamp's concerns regarding the abuse that initiated the change in the asset forfeiture equitable-sharing program process, Calleros reported on the established review process for all cases. Police Captain Michael Gillman reported on two incidents of vandalism. Fire Chief Michael Wilson announced that the Fire Department remains at a Class 1 for the ISO (Insurance Services Office) rating. The hiring process for the firefighter position is anticipated to conclude in April. Wilson provided updates on the LA RICS construction and training center. Wilson further reported on the January 21, 2015, traffic collision incident. Director of Public Works, Water and Development Services Kevin Wilson reported on the zoning ordinance public workshop. Another workshop is scheduled for February 5, 2015. Page 6 of 7 Regular City Council Meeting Minutes February 3, 2015 In response to Mayor McCormick, Wilson provided an update on the City Hall reconfiguration project. Electric Resources Planning &Development Manager Abraham Alemu also reported on the January 21, 2015, traffic collision incident and the resulting power outage. Alemu noted Edison's delayed response to the incident. Finance Director William Fox announced the commencement of the budget process. Fox noted the City's fraud protection efforts which include the implementation of a new whistleblower policy approved earlier this day. Director of Health and Environmental Control Leonard Grossberg reported on the conclusion of the food and non-food truck inspections. Grossberg announced the Green Vernon Commission (GVC)meeting scheduled to be held on March 18, 2015 at 3:30 p.m. In response to Independent Reform Monitor John Van de Kamp, Grossberg advised that Chairperson Honda and Commission Member Garcia of the GVC formed a subcommittee to formulate topic for GVC meetings. In response to Mayor McCormick, Grossberg advised that an e-waste event is anticipated to be held in April or May of this year. Director of Human Resources Teresa McAllister reported on Department's legal compliance with 2015 HR requirements. The department continues to be involved in several recruitments. McAllister advised that a new sick policy will be presented for Council consideration at a future date in order to address compliance with a new Act which impacts the City. Economic Development Manager and Successor Agency Staff Alex Kung announced that the next Oversight Board to the Successor Agency meeting is scheduled to be held on February 5, 2015, at 4:00 p.m. The Recognized Obligation Payment Schedule, is agendized for said meeting. City Administrator Mark Whitworth advised that Independent Reform Monitor John Van de Kamp's semi-annual report is available; a presentation on the report is scheduled for the next Council meeting. Whitworth reported on Council members' and staffs' attendance to the Independent Cities Association conference. Whitworth announced the Vernon CommUNITY Fund Grant Committee meeting on February 18, 2015, at 10:00 a.m. The Vernon Village Park Apartments lottery is scheduled for March 3, 2015, at 6:00 p.m. With no further business, at 10:27 a.m., Mayor McCormick adjourned the meeting. W. Michael McCormick Mayor ATTEST: Maria E. Ayala City Clerk Page 7 of 7 FEB 11 W5 a S OFFICE •��rl==an�` RE C E��E D up COW STAFF REPORT FEB ' ° FINANCE/TREASURY DEPARTMENT CITY Z*Z) DATE: February 10, 2015 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director W RE: Ratification of the City Warrant Registers for City Council Agenda of February 17, 2015 It is recommended that the ratification of the following warrant registers to record the following voided checks be considered at the City Council meeting of February 17, 2015. 1. City Warrant Register No. 1409 to record voided Check No. 345342 in the amount of$15.00 issued 10/07/14 to Alex Kung. 2. City Warrant Register No. 1416 to record voided Check No. 346283 in the amount of$90.00 issued 01/20/15 to Advanced Electronics, Inc. 3. City Warrant Register No. 1416 to record voided Check No. 346272 in the amount of$997.53 issued 01/08/15 to Nxkem Products LLC. CITY OF VERNON ACCOUNTS PAYABLE CHECK NO. 345342 :Ily :--r.1J',,1,::F. DATE P.O.NUMBER DESCRIPTION DISCOUNT A.MOQN7 090414 09/04/2014 EXPENSE REIMBURSEMENT 0.00 15.00 ( 4o�� q- Nt LV C h V)� I I I Ivy 15.00 PLEASE DETACH BEFORE DEPOSITING Y PAYABLE THROUGH ^•. Cif of Vernon EAST WEST BANK •° w' - Y 2090 HUNTINGTON DR.,2ND FLOOR W703g 4305 Santa Fe Ave SAN MARINO,CA 91106 9220 . Vernon,CA 90058 (323)583-8811 VENDOR NUMBEROAT CHECKAMOUNT NUMBER `•11��t�,,,, 5 003491 1110112014 345342 15.00 PAY Fifteen Dollars and No Cents TO THE ALEX KLING ORDER OF CITY OF VERNON ACCOUNTS PAYABLE CHECK NO. 346283 INVOICE NUMBER DATE P.O.NUMBER DESCRIPTION DISCOUNT AMOUNT 146070IN 11/26/2014 Maintenance& Repairs 0.00 90.00 owe 90.00 PLEASE DETACH BEFORE DEPOSITING f" PAYABLE THROUGH City of Vernon EAST WEST BANK 4305 Santa Fe Ave z000 HSANIMAR NO,CA 91108 FLOOR 3]5 220 Vernon,CA 90058 CHtC .• (323)583-8811 VENDOR NUMBER DATE NUMBER CHECKAMOUN7 001236 01/20/2015 346283 90.00 PAY Ninety Dollars and No Cents TO THE ADVANCED ELECTRONICS, INC. ORDER 2601 MANHATTAN BEACH BLVD. OF REDONDO BEACH, CA 90278 003462133u■ 1: 3 2 20 70 313 0: 130 3 6 2 78 3V CITY OF VERNON ACCOUNTS PAYABLE CHECK NO, 346272 INVOICE NUMBER DATE P.O.NUMBER DESCR(PT10N DISCOUNT AMOUNT 1079411 12/11/2014 011.0010238 VARIOUS HAND TOOLS 0.00 997.53 L+W ' I I 1c) 5 V C)k r\ ( is (L 997.53 PLEASE DETACH BEFORE DEPOSITING THROUGH o. R City of Vernon EAST PAYABLE WESTBANK 1 ay [ _ 4305 Santa Fe Ave 2090 HUNTINGTON DR.2ND FLOOR Ifr701 5 Vernon,CA 90058 SAN MARINO,CA 91108 3220 y� 323 583-8811 VENDOR er, CHECKAMOUNT N�g� DATE NUMBER L=r`°° 004790 01/08/2015 346272 997.53 PAY Nine Hundred Ninety Seven Dollars and Fifty Three Cents TO THE NXKEM PRODUCTS LLC ORDER P.O. BOX 330 OF BOILINGBROKE, GA 31004 ii■O34627 3 2 20 70 38 0: 80 36 2 78 30 �v DF w�B dal Ail 5 RECFq� � ~�` RECEIVED G��V[LT 1%4, E D FEB 11 ZOi5 STAFF REPORT FEB 10 2015 CITY CLERK'S OFFICE FINANCE/TREASURY DEPARTMENT CITY ADMINISTRATION DATE: February 10, 2015 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director RE: Ratification of the Light and Power Warrant Registers for City Council Agenda of February 17, 2015 It is recommended that the ratification of the following warrant registers to record the following voided checks be considered at the City Council meeting of February 17, 2015. 1. Light and Power Warrant Register No. 378 to record voided Check No. 511117 in the amount of $150.75 issued 11/25/14 to Jorrie Estrada. CITY OF VERNON,LIGHT&POWER ACCOUNTS PAYABLE CHECK NO. 511117 INVOICE NUMBER DATE P-C,NUMBER DESCRIPTION ❑ISCOJNT %IOUNT 111014 11/10/2014 EXPENSE REIMBURSEMENT 0.00[Og-t 3 1219 voin � W-1124 s-ham i to ` _ 21,21 150.75 PLFASF DETACH BEFORE DEPOSITING PAYABLE THROUGH City of Vernon-Light&Power EAST WEST BANK 2090 HUNTINGTON DR,2ND FLOOR 1 -70315 4305 Santa Fe Ave SAN MARINO,CA 91108 SZ20 3 Vernon,CA 90058 323 583-8811 VENDOR CHECK) NUMBER DATE NUMBER CHECK AMOUNT X= ,s+�` 002920 11/25/2014 511117 1 150.75 PAY One Hundred Fifty Dollars and Seventy Five Cents TO THE JORRIE ESTRADA ORDER OF COP Of VE' RECEIVED t 6F G•�Lt lM�i7 ���� FEB 10 2�65 REcE� STAFF REPORT CITY ADMINISTRATION FEB 1 12015 FINANCE/TREASURY DEPARTMENT CITY CLERK'S OFFICE DATE: February 9, 2015 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director a RE: City Payroll Warrant Register for City Council Agenda of February 17, 2015 It is recommended that the attached Payroll Warrant Register No. 704 be approved at the City Council meeting of February 17, 2015 Payroll Warrant Register No. 704 totals $2,711,985.09, and covers claims and demands presented for January 1, 2015 to January 31, 2015, drawn from East West Bank, Payroll Account. The following list details the components of Payroll Warrant Register No. 704: 1. Ratification of direct deposits, checks and taxes totaling $1,961,783.17- and 2. Checks and electronic fund transfers (EFT) paid through General bank account totaling $750,201.92. Raquel Franco 1 2/10/2015 7:40 AM PAYROLL WARRANT REGISTER City of Vernon No. 704 Month of January 2015 1 hereby Certify: that claims or demands covered by the This is to certify that the claims or demands above listed warrants have been audited as to accuracy covered by the above listed warrants have been and availability of funds for payments thereof; and that audited by the City Council of the City of Vernon said claims or demands are accurate and that funds are and that all of said warrants are approved for pay- available for payments thereof. ments William Fox DATE Director of Finance DATE Date: Page 1 of 1 Payroll Warrant Register Memo.As:Warrant Payrolls reported for the month of January: 12/14/14 - 12/27/14, Paydate 01/08/15 12/14/14 - 12/27/14, Paydate 01/08/15 12/28/14 -01/10/15, Paydate 01/22/15 Payment Method Date Payment Description Amount Checks 01/08/15 Net payroll, checks $ 23,072.32 ACH 01/08/15 Net payroll, direct deposits 728,452.82 ACH 01/08/15 Payroll taxes 205,712.18 Checks 01/08/15 Net payroll, checks 151.97 ACH 01/08/15 Net payroll, direct deposits 9,726.08 ACH 01/08115 Payroll taxes 5,145.40 Checks 01/22/15 Net payroll, checks 22,029.22 ACH 01/22/15 Net payroll, direct deposits 749,111.41 ACH 01/22/15 Payroll taxes 218,381.77 Total net payroll and payroll taxes 1,961,783.17 ACH 01/08/15 ICMA 24,382.37 ACH 01/08/15 CalPERS 323,889.92 ACH 01/08/15 California State Disbursement Unit 3,855.11 346275 01/08/15 Sandra Bingman 2,000.00 346264 01/08/15 Franchise Tax Board 180.00 346268 01/08/15 IBEW Dues 2,634.96 346280 01/08/15 Vernon Firemen's Association 3,215.00 346281 01/08/15 Vernon Police Officers' Benefit Association 1,887.60 ACH 01/08/15 CalPERS 6,756.75 ACH 12/24/14 ICMA 25,576.65 ACH 12/24/14 CalPERS 342,027.13 ACH 12/24/14 California State Disbursement Unit 3,438.51 346391 12/24/14 Sandra Bingman 2,000.00 346381 12/24/14 Franchise Tax Board 1,020.32 346398 01/08/15 Teamsters Local 911 2,235.00 346404 12/24/14 Vernon Firemen's Association 3,215.00 346405 12/24/14 Vernon Police Officers' Benefit Association 1,887.60 Payroll related disbursements, paid through General bank account 750,201.92 Total net payroll,taxes, and related disbursements $ 2,711,985.09 Page 1 of t FV RECERVED RECEIVED - { FEBp f 1 0 FEB 1 1 2015 STAFF REPORT CITY ADMINISTRATION CITY CLERK'S OFFICE FINANCE/TREASURY DEPARTMENT DATE: February 10, 2015 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director RE: City Warrant Register for City Council Agenda of February 17, 2015 It is recommended that the attached City Warrant Register No. 1418 be approved at the City Council meeting of February 17, 2015. City Warrant Register No. 1418 totals $1,026,142.74, and covers claims and demands presented during the period of January 27 through February 9, 2015, drawn, or to be drawn, from East West Bank. The following list details the components of City Warrant Register No. 1418: 1. Ratification of wire transfers totaling $476,053.30; 2. Ratification of the issuance of early checks totaling $384,694.32; and 3. Authorization to issue pending checks totaling $165,395.12. 3{DI-Ve 1 L1 �R• 'T CITY OF VERNON WARRANT REGISTER NO. 1418 rs FEBRUARY 17, 2016 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:2/10/2015 2:41:20PM Page 2 of 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17, 2015 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT STATE BOARD OF EQUALIZATION 011.200250 267.35 Fund 011 -4Q14Pmt 123114 1122 011.150199 183.32 Fund 055-4Q14Pmt 123114 1122 011.150199 22.28 Fund 056-4Q14Pmt 123114 1122 011 1004.466900 0.05 Fund 011 -4Q 1 4Adj u stment 123114 1122 01/30/2015 473.00 ICMA RETIREMENT TRUST 457 011.210220 46,985.17 Deferred Compensation: Payment Ben179112 1123 02/05/2015 46,985.17 CALPERS 011.210240 324,628.57 PERS Contributions: Payment Ben179114 1124 011.210240 233.43 PERS Survivor's Benefit: Payment Ben179114 1124 011.210240 1,541.64 PERS Buy-backs Payment Ben179114 1124 011.1004.502020 -0.15 PERS Contributions:Adjustment Ben179114 1124 02/09/2015 326,403.49 CITY OF VERNON, FSAACCOUNT 011.100013 497,6E FSA- Dependent: Payment Ben179118 1125 011.100013 311.93 FSA-Medical: Payment Ben179118 1125 02/05/2015 809.61 STATE DISBURSEMENT UNIT 011.210260 3,838.07 Child Support: Payment Ben179120 1126 02/09/2015 3,838.07 WATER REPLENISHMENT 020 1084.500110 97,543.96 Groundwater Production 113014 1127 DISTRICT 02/06/2015 97,543.96 TOTAL WIRES $ 476,053.30 Printed:2110/2015 2:41 20PM Page 3 of 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT AEGIS ITS, INC. 011.1043 590000 1,890 92 Preventative Maintenance 8705 346498 01/29/2015 1,890.92 AFLAC 011.210223 6,011.65 Supplemental Ins- 11/14 685381 346499 01/29/2015 6,011.65 ANTHONY ENCINAS 011 1031.596500 468.70 CA Robbery Investigator Association 012615 346500 01/29/2015 468.70 BRENNTAG PACIFIC, INC. 020.1084.500140 1,569.16 Chlorine BP1488665 346501 020.1084.500140 649.50 Chlorine BP1490014 346501 01/29/2015 2,218.66 BRENNTAG PACIFIC, INC. 020.1084.500140 1,415.74 Chlorine 329236/329239 346502 01/29/2015 1,415.74 BROADBAND LLC 057.1057.500173 3,764.29 Provide Internet Access Services— IN0215201520037 057.0000034 346503 44 01/29/2015 3,764.29 CALIFORNIA CONSULTING, LLC 011 1002.596200 6,000.00 Grant Writing Services 539 346504 011.1002.596200 6,000.00 Grant Writing Services 674 346504 01/29/2015 12,000.00 COLONIAL SUPPLEMENTAL INS 011 210223 1,294.07 Supplemental Insurance: 12114 77136471201048D 346505 EC 01/29/2015 1,294.07 DION & SONS, INC., 011.120030 7,362.79 Unleaded Fuel. 6092011609200 011.0010310 346506 Printed:2/10/2015 2:41 20PM Page 4 of 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT DION& SONS, INC., 011.120030 8.21 Fed Oil Spill Recovery 609201/609200 011.0010310 346506 011.120030 3.65 CA Lead Poisoning 609201/609200 011.0010310 346506 011.120030 15.96 AB 32 609201/609200 011.0010310 346506 011.120030 9.61 LAB Tax 0.130% 609201/609200 011.0010310 346506 011.120030 5.95 Enviromental Compliance Fee 609201/609200 011.0010310 346506 011.120030 7.50 Fuel Surcharge 609201/609200 011.0010310 346506 011.120030 1,641.24 State Excise Tax 609201/609200 011.0010310 346506 011.120030 5,012.27 Diesel Fuel. 609201/609200 011.0010310 346506 011.120030 4.90 Fed Oil Spill Recovery 609201/609200 011.0010310 346506 011.120030 8.25 AB 32 609201/609200 011.0010310 346506 011.120030 6.53 LAB Tax 0.130% 6092011609200 011.0010310 346506 011 120030 5.95 Environmental Compliance Fee 609201/609200 011.0010310 346506 011.120030 7.50 Fuel Surcharge 609201/609200 011.0010310 346506 011.120030 283.47 State Excise Tax 6092011609200 011.0010310 346506 011.120030 820.39 609201/609200 346506 01/29/2015 15,204.17 DISH NETWORK 011.5031.560000 43.00 Service Period: 1124-2/23 011115 346507 01/29/2015 43.00 FEDEX 011.1003 520000 21.44 Service Period: 01/15 290205788(B) 346508 011.1004 520000 29.64 Service Period: 01/15 290205788(B) 346508 01/29/2015 51.08 FEDEX 011.1003 520000 13.56 Service Period: 01/15 290927083 346509 Printed:2/1012015 2 41:20PM Page 5 of 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 01/29/2015 13.56 L B. JOHNSON HARDWARE CO.Al 011 1033.520000 21.36 Hardware supplies-- 670378 011.0009932 346510 01/29/2015 21.36 LEAGUE OF CALIFORNIA CITIES 011,1002.596550 73.73 Membership Dues 147615 346511 01/29/2015 73.73 LOS ANGELES ELEVATOR 011.1049.590000 312.50 Elevator Maintenance 7629 346512 SERVICES 01/29/2015 312.50 METLIFE- GROUP BENEFITS 011.210222 27,086.16 Coverage Period: 01/15 010115 346513 011.1026.502031 4,533.20 Coverage Period: 01/15 010115 346513 01/29/2015 31,619.36 MIG HOGLE-IRELAND, INC. 011.1041.595200 5,022.78 General Plan Update as per the Services 39421/39320 011.0007503 346514 01/29/2015 5,022.78 MUTUAL OF OMAHA 011.1031.502030 2.05 Basic: B. Potter(No PR Benefit) Ben178550 346515 011.210230 524.36 Voluntary Life Insurance: Payment Ben178550 346515 011.1031.502030 46.50 VLT: B. Potter(No PR Ded) Ben178763 346515 011.210230 2,454.24 Voluntary Life Insurance: Payment Ben178763 346515 01/29/2015 3,02715 NAPA AUTO PARTS 011.1046.520000 2,331.52 Auto Parts-- 120114VRS 011.0010024 346516 01/29/2015 2,331.52 SILVA'S PRINTING NETWORK 011.1043.520000 224.98 "Daily Time And Work Report"forms, 25630 011.0010249 346517 Printed 2/10/2015 2 41 20PM Page 6 of 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.Q.# ISSUED NUMBER AMOUNT SILVA'S PRINTING NETWORK 020 1084.520000 224.98 "Daily Time And Work Report"forms, 8.5 25630 011.0010249 346517 011 1043.520000 20.25 Sales Tax 25630 346517 020 1084.520000 20.25 Sales Tax 25630 346517 011.1060.520000 64.00 City of Vernon Health & Environmental 25648 011.0010290 346517 0 11.1060 520000 64.00 City of Vernon Health&Environmental 25648 011.0010290 346517 011.1060 520000 64.00 City of Vernon Health& Environmental 25648 011.0010290 346517 011.1060 520000 17.28 Sales Tax 25648 346517 01/29/2015 699.74 SMITH-EMERY LABORATORIES 011.1043.900000 4,848.00 Boyle& Fruitland Improvements 4213713 346518 01/29/2015 4,848.00 STAPLES ADVANTAGE 011.1060 520000 495.96 Office Supplies- 122014VRS(C) 011.0010286 346519 011.1060.520000 44.64 Sales Tax 122014VRS(C) 346519 01/29/2015 540.60 STAPLES ADVANTAGE 011.1041.520000 55.79 Office Supplies, - 122014VRS(B) 011.0010287 346520 020.1084 520000 23.65 Office Supplies, 122014VRS(B) 011.0010287 346520 011.1043.520000 94.55 Office Supplies, - 122014VRS(B) 011.0010287 346520 011.1040.520000 23.97 Office Supplies, -- 122014VRS(B) Q11 0010287 346520 011.1041.520000 5.02 Sales Tax 122014VRS(B) 346520 020.1084.520000 2.13 Sales Tax 122014VRS(B) 346520 011.1043.520000 8.51 Sales Tax 122014VRS(B) 346520 011.1040.520000 2.15 Sales Tax 122014VRS(B) 346520 01/29/2015 215.77 Printed:2/10/2015 Z41:20PM Page 7 of 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT STATE BOARD OF EQUALIZATION 060.6060.520000 1,103.13 UST Maintenance Fees 012515 346521 01/29/2015 1,103.13 THE GAS COMPANY 011.1033.560000 651.02 Service Period: 01114 011415VRS 346522 011.1043.560000 243.23 Service Period: 01/14 011415VRS 346522 011.1049.560000 486.46 Service Period: 01/14 011415VRS 346522 020.1084.560000 243.23 Service Period: 01/14 011415VRS 346522 01/29/2015 1,623.94 TYLER TECHNOLOGIES, INC. 011.9019.590110 6,515.86 Setup and Ops Permits- Dept2- 45123426 011.0009622 346523 01/29/2015 6,515.86 VCI TELCOM,INC 057.1057.596200 1,639.55 Fiber Optic Maintenance& Emergency 30064 057 0000030 346524 01/29/2015 1,639.55 VCI TELCOM,INC. 057.1057.596200 1,63952 Fiber Optic Maintenance& Emergency 30102 057.0000030 346525 01/29/2015 1,639.52 WILLIAM M. McCORMICK 011.1001.593200 1.158.14 Legal Fees-Res. No, 2014-53 012615 346526 01/29/2015 1,158.14 CBIZ VALUATION GROUP, LLC 011.1025.595200 1,550.00 VENDOR TO PROVIDE 55839 011 0010121 346527 PROFESSIONAL 02/03/2015 1,550.00 CHEVRON AND TEXACO 011.1031.570000 165.89 Service Period: 12/22-01/22 43353967 346528 BUSINESS 02/03/2015 165.89 Printed:2/10/2015 2:41:20PM Page 8 of 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT COMMUNICATIONS SUPPLY 057.1057.520010 104.21 Communication Supplies for the Vernon 858333 057.0000047 346529 CORP., 02/03/2015 104.21 COMPRESSED AIR SPECIALTIES 011 1033.590000 1,713.51 Maintenance Services 24385 346530 INC 02/03/2015 1,713.51 COUNTY OF LOS ANGELES 011.1043.900000 140,573.57 Cooperative Agreement No. 75449 SA150000097 346531 02/03/2015 140,573.57 JOE A. GONSALVES&SON 011.1002.596200 5,000.00 Contract Services 25030 346532 02/03/2015 5,000.00 LAAREA FIRE CHIEFS ASSOC. 011.1033.596700 300.00 Annual Captain's Academy— 020215 346533 02/03/2015 300.00 MEDTRONIC/PHYSIO-CONTROL 011.1033 596200 4,783.20 Technical Service Support Agreement— 415030871 011.0008694 346534 02/03/2015 4,783.20 MERRIMAC ENERGY GROUP 011.120030 6,078.04 Unleaded Fuel. 2150163/2150164 011.0010360 346535 011.120030 14.04 CA Enviro/Fed Oil Spill Tax 2150163/2150164 011.0010360 346535 011.120030 11.09 A632 Fee Phase 3&4 2150163/2150164 011.0010360 346535 011 120030 1,436.04 State Gasoline Excise Tax 2150163/2150164 011.0010360 346535 011 120030 3.99 Lust Fee 2150163/2150164 011.0010360 346535 011.120030 4,262.53 Diesel Fuel. 2150163/2150164 011.0010360 346535 011 120030 8.08 AB32 Fee Phase 3&4 2150163/2150164 011.0010360 346535 011.120030 4.76 Federal Oil Spill Tax 2150163/2150164 011.0010360 346535 Printed 2f1012015 2 41:20PM Page 9 of 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT MERRIMAC ENERGY GROUP 011.120030 274.23 Stale Diesel Excise Tax 2150163/2150164 011.0010360 346535 011.120030 2.49 Lust Fee 2150163/2150164 011.0010360 346535 011.120030 742.70 2150163/2150164 346535 02/03/2015 12,837.99 NORTH PARK HOA 011.1048.560000 230.00 Association Dues: 2915 60th Place 012015 346536 011,1048 560000 230.00 Association Dues: 6010 Oak St. 012015(B) 346536 02/03/2015 460.00 SCPLRC CONFERENCE 011.1026 596700 220.00 Conference Registration- 020215 346537 REGISTRATION 02/03/2015 220.00 SOUTHERN CALIFORNIA EDISON 011 1043.560000 8453 Service Period: 12/15-01/15 011615 346538 02/03/2015 84.53 UPS 011 1041.595200 2260 Service Period: 01115 933312025 346539 011.1033.520000 32.09 Service Period: 01115 933312035 346539 011.1040.520000 26.91 Service Period: 01/15 933312035 346539 011.1041.520000 53.55 Service Period: 01115 933312035 346539 02/03/2015 135.15 CDW GOVERNMENT, INC. 011 9019.520010 31.50 Siemon Bridging Clip one pair— RM31508 011.0010271 346540 011.9019.520010 2.84 Sales Tax RM31508 346540 02/05/2015 34.34 DIVISION OF THE STATE 011.200235 14010 FEE REPORT FOR SB1186-4th QTR 020315 346541 Printed:2/10/2015 2:41:20PM Page 10 of 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 02/05/2015 140.10 FRANCHISE TAX BOARD 011.210260 1,006.51 Garnishment: Payment Ben179108 346542 011.210260 180.00 Garnishment: Payment Ben179108 346542 011.210260 840.32 Garnishment: Payment Ben179108 346542 02/05/2015 2,026.83 FRED MACFARLANE 011.1002.596200 13,000.00 Strategic Communications 013115 346543 011.1002.596200 13,000.00 Strategic Communications 123114 346543 02/05/2015 26,000.00 IBEW LOCAL 47 011.210250 2,668.63 IBEW Dues: Payment Ben179102 346544 02/05/2015 2,668.63 JOSEPH ALVARADO 020.1084.596700 125.00 Water Treatment Exam & Cert. 020215 346545 02/05/2015 125.00 LUCITY, INC. 011.9019.595210 600.00 Remote Training & Consultation 617951 011.0010240 346546 011.9019 595210 9000 Project Management 617951 011.0010240 346546 02/05/2015 690.00 PIC ENVIRONMENTAL SERVICE 011.1023.900000 5,000.00 OU2 Industrial Parcels 15221 346547 CORP 02/05/2015 5,000.00 ROBERT M. STERN 011.1002.596200 1,080.00 Contract Services 013115 346548 02/05/2015 1,080.00 SANDRA D. BINGMAN 011.210260 2,000.00 GARNISHMENTS: Payment Ben179104 346549 Printed:2/1012015 2:41:20PM Page 11 of 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 02/05/2015 2,000.00 UPS 011.1033.520000 21.13 Service Period: 01115 933312045(B) 346550 011.1041 520000 52.70 Service Period: 01/15 933312045(B) 346550 02/05/2015 73.83 VERNON FIREMEN'S 011.210250 3,215.00 Fire House Fund: Payment Ben179106 346551 ASSOCIATION 02/05/2015 3,215.00 ASSOCIATION VERNON POLICE 011.210250 1,887.60 Police Association Member Dues: Ben179100 346552 OFFI Payment 02/05/2015 1,887.60 ATHENS INSURANCE SERVICES, 011,1026.594200 4,916.66 TPA Fee IVC8960 346553 INC 011.1026.594200 4,916.66 TPA Fee IVC8971 346553 02/10/2015 9.83332 BOY SCOUTS OF AMERICA 011.1021.797000 48,000.00 Community Fund Grant 020915 346554 02/10/2015 48,000.00 BRYAN WOODRUFF 011,1003 596300 250.00 Reimb. Candidate Statement Fee 020415 346555 02/10/2015 250.00 CALIFORNIA WATER SERVICE CO. 011.1043.560000 42.92 Service Period: 12/23-01/23 012615 346556 02/10/2015 42.92 CITY OF VERNON FIRE DEPT. 011.1026.502095 103.00 First Aid:Ana Quinones 14183511 346557 Printed:2/1 OY2015 2:41:20PM Page 12 of 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 02/10/2015 103.00 FERNANDO VALENZUELA 011 110021 932.78 Employee Computer Loan 012615 346558 02/10/2015 932.78 GUSTAVO HERRERA 011.1031 596500 244.80 FTO Update 012815 346559 02/10/2015 244.80 L.B. JOHNSON HARDWARE CO.#1 011.1046.520000 19.19 Plumbing and building hardware- 670569/671004 011.0009958 346560 011 1049.520000 38.48 Plumbing and building hardware- 670569/671004 011.0009958 346560 02/10/2015 57.67 LORENZO GAYTAN 011.1031.596500 244.80 FTO Update 012815 346561 02/10/2015 244.80 MANUEL VAZOUEZ 011.110021 2,584.32 Employee Computer Loan 012615 346562 02/10/2015 2,584.32 NAPA AUTO PARTS 011.1046.520000 2,051.64 Auto Parts- 010515VRS 011.0010024 346563 02/10/2015 2,051.64 PHILLIP SWINFORD 011,1031.596500 244.80 FTO Update 012815 346564 02/10/2015 244.80 SBSD 011.1031.596700 90.00 FTO Update 012815 346565 011 1031.596700 90.00 FTO Update 012815(B) 346565 011.1031.596700 90.00 FTO Update 012815(C) 346565 02/10/2015 270.00 Printed:2/10/2015 Z41:20PM Page 13 of 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT SOUTH COASTAIR QUALITY 011.1049.900000 196.40 Reissuance Fee 020515 346566 02/10/2015 196.40 TOTAL EARLY CHECKS $ 384,694.32 Printed:2/10/2015 2:41:20PM Page 14 of 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT ADLERHORST INTERNATIONAL, 011.1031.596700 266.66 K-9 TRAINING, 30217 011 0009925 346567 INC 266.66 AEGIS ITS, INC. 011.1043.590000 1,89092 Intersections 12372 346568 011.1043.590000 2,121.44 Labor& Equipment 12429 346568 4,012.36 AGENCIES TOOL CENTER, INC. 011 A046,520000 374.25 Battery jumper/booster 12124 volt 205544 011.0010329 346569 011.1046.520000 33.69 Sales Tax 205544 346569 407.94 ALL AMERICAN ASPHALT 011.1043.900000 62,816.85 Labor& Equipment for Slurry 1 346570 62,816.85 AMERICAN INTEGRATED 011.230230 5,000.00 Reimb. Security Deposit— 012115 346571 SERVICES 5,000.00 AUTO ZONE 011.1046.520000 27.19 front brake pads 2893913389 011.0010295 346572 011 1046.520000 10804 front brake rotors 2893913389 011.0010295 346572 011.1046.520000 -38A1 Less discount 2893913389 011.0010295 346572 011.1046.520000 12.17 Sales Tax 2893913389 346572 108.99 BACKFLOW APPARATUS&VALVE 011.1049.590000 525.00 Backflow Valve Inspection 695846 346573 CO_ 525.00 Printed.2110/2015 2A1:20PM Page 15 of 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT BANK OF NEW YORK MELLON, 011.1004.592010 1,160.00 Administration Fee 2521840861 346574 TRUST 1,160.00 VEHICLES BLACK R WHITE 011.4031.850000 1,256.53 Emergency Equipment Package for Unit 542 011.0010358 346575 EMERGEN 011.4031.850000 1,040.00 Labor Charge: Equipment Installation 542 011.0010358 346575 011.4031.850000 113.09 Sales Tax 542 346575 2,409.62 BRENNTAG PACIFIC, INC. 020.1084.500140 325.39 Chlorine BP1489830/214176 346576 325.39 GALOX ING 011.1033.520000 8.50 Cylinder Oxygen 62715 346577 8.50 CANNON CORPORATION 020,1084.900000 4,868.38 Elevated lank standpipe repair-- 58073 011.0008210 346578 4,868.38 CDW GOVERNMENT, INC 011.9019.520010 110.69 Item Number: 3369583- RN22188/RL68175 011.0010272 346579 011.9019.520010 1,518.99 Item Number: 3369418-- RN22188/RL68175 011.0010272 346579 011.9019.520010 36.69 Item Number: 3370061- RN22188/RL68175 011.0010272 346579 011.9019.520010 64.48 Item Number: 3246784-- RN22188/RL68175 011.0010272 346579 011.9019.520010 3.00 Item Number: 654809- RN22188/RL68175 011.0010272 346579 011.9019.520010 155.78 Sales Tax RN22188/RL68175 346579 1,889.63 Printed 2/1012015 2.41:20PM Page 16 of 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT CENTRAL BASIN WATER 020.1084.596200 6,171.35 Title 22 Monitoring 12140007 346580 ASSOCATION 6,171.35 CENTRAL FORD 011.1046.590000 170.00 Labor only to diagnose check engine C79056 011.0010322 346581 170.00 CERRITOS DODGE INC. 011.1046.520000 219.20 leak detection pump 204852 011.0010323 346582 011.1046.520000 19.73 Sales Tax 204852 346582 238.93 CHARLES E.THOMAS CO., INC. 011.1049.520000 280.00 Rubber mats, part#MAT-04X48X48. 1219321932SO 011.0010265 346583 011.1049.520000 2520 Sales Tax 1219321932SO 346583 011.1049.520000 1,165.00 Green Gasboy Fleet Keys— 1225822062SO 011.0010314 346583 011.1049.520000 10485 Sales Tax 1225822062SO 346583 1,575.05 CHEM PRO LAB INC. 011.1049.590000 21000 Water Treatment Service 586536 346584 210.00 CITY OF HUNTINGTON PARK 011.1031.594200 1,468.50 Jail Booking Services 15881 011.0009957 346585 1,468.50 CLINICAL LAB OF SAN 060.6060.595200 567.00 Water Sampling Services 940773 346586 BERNARDINO 020.1084.596200 944.00 Water Sampling Services 940774 346586 1,511.00 COUNTY OF LOS ANGELES 011.1043.595200 272.72 Labor& Equipment 010815 346587 Printed',2110/2015 2:4120PM Page 17 cf 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT 272.72 DAAUTO GROUP, LLC 011.1046.590000 232.50 Labor only to diagnose and repair check 19520 011.0010326 346588 011.1046.590000 75.00 Labor only to diagnose check engine 19543 011.0010344 346588 307.50 DAVID KIMES 011.1026.596800 310.53 Tuition Reimbursement 011315 346589 310.53 DDCCIDRIZEN-DOHS 011.1002.596200 5,816.75 Vendor to provide the following 5431 011.0010106 346590 5,816.75 RELATIONS (ACCOUNTING) 011.1049.596200 225.00 Elevator Permits E1242047MR 346591 DEPARTM 225.00 DEWEY PEST CONTROL 011.1033.520000 25.00 Pest Control Service 60246 346592 011.1033.520000 27.00 Pest Control Service 9080780 346592 011.1033.520000 25.00 Pest Control Service 9080782 346592 011.1033.520000 25.00 Pest Control Service 9083300 346592 102.00 DION & SONS, INC., 011.1046.520000 770.62 5W-30W performance gf-5 synthetic 610466 011.0010324 346593 blend 011.1046.520000 752.12 15W-40W performance plus hd cj-4 oil 610466 011.0010324 346593 011 1046.520000 25.20 California oil recycling fee 610466 011.0010324 346593 011.1046.520000 8.40 California motor oil assessment fee 610466 011.0010324 346593 011.1046.520000 7.50 Diesel fuel charge 610466 011.0010324 346593 Printed,2/1012015 2'41 20PM Page 18 of 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT DION& SONS, INC , 011.1046.520000 5.95 Environmental compliance fee 610466 011.0010324 346593 011 A 046 520000 2.02 Lab tax 610466 011.0010324 346593 011.1046.520000 141.46 Sales Tax 610466 346593 1,713.27 DR. JOSEPH HSU 011 1031.502030 225.00 Vision Benefits: A.Acuna 012015 346594 011.1031.502030 75.00 Vision Benefits: N. Vasquez 012015(B) 346594 300.00 EAGLE RADIATOR SERVICE 011.1046.590000 169.00 New radiator 13990 011.0010328 346595 011.1046.590000 15.21 Sales Tax 13990 346595 184.21 TRUCK& FORKLIFT PARTS EFREN 011.1047.520000 59.85 Forklift Canopy,Tinted, part 6052 011.0010337 346596 J 011,1047.520000 5.39 Sales Tax 6052 346596 65.24 EMERGENCY MEDICAL 011.1033 520000 263.60 King Airway LTS-D, Supraglottic Airway 1707955 011 0010340 346597 PRODUCTS, 011.1033 520000 23.73 Sales Tax 1707955 346597 287.33 ENVIRO-TECH SERVICES 011 1061.520000 2,300.00 Item#: RAE-059-A110-100— 87610 011.0010331 346598 COMPANY 011.1061.520000 22.55 Freight 87610 011.0010331 346598 011.1061 520000 207.00 Sales Tax 87610 346598 Printed:2/10/2015 2:41:20PM Page 19 or 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT 2,529.55 ERIK CHENG 011 1060.502030 225.00 Vision Benefits: Child 012115 346599 011.1060.502030 225.00 Vision Benefits: Child 012115(B) 346599 011.1060.596500 59.23 Ammonia Release Training 012215 346599 509.23 ESTEPHANIE HILARIO 011.1041.410210 240.00 Refund: Cert. of Occupancy 010615 346600 240.00 FLEMING ENVIRONMENTAL, INC., 011.1049.590000 400.00 Maintenance Services 10394 346601 400.00 FLORENCE FILTER 011.120010 42.00 1631-955 Pleat Filter SC-4013, 16"X 94309IN 011.0010332 346602 CORPORATION 011.120010 39.60 1631-964 Pleat Filter 12P-40B, 20"X 94309IN 011.0010332 346602 011.120010 85.20 1631-980 Pleat Filter 12P-40B, 24"X 94309IN 011.0010332 346602 011.120010 58.42 Freight 94309IN 011.0010332 346602 011 120010 15.01 Sales Tax 94309IN 346602 240.23 FRANK S. SMITH MASONRY, INC. 011.1049.900000 1,945.00 Repairs to Fire Station#1 010515 346603 1,945.00 GE MOBILE WATER INC. 011.1033 520000 170.04 Repairs& Maintenance 97499786 346604 011.1033.520000 90.16 Repairs& Maintenance 97551247 346604 011.1033.520000 98.88 Repairs& Maintenance 97551248 346604 011.1033.520000 182.25 Maintenance& Repairs 97569617 346604 Printed:2110/2015 2 41:20PM Page 20 of 20 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17, 2015 PRINTED] CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT 541.33 HAAKER EQUIPMENT COMPANY 011.1046.520000 248.30 Brush C09777/970519769 011 0010325 346605 011,1046.590000 40.06 Freight C09777/9705/9769 011.0010325 346605 011A046.520000 22.35 Sales Tax C09777/9705/9769 346605 011.1046.520000 325.00 center broom C09800 011.0010330 346605 011.1046.590000 6100 Freight C09800 011.0010330 346605 011.1046.520000 29.25 Sales Tax C09800 346605 011.1046.520000 38.97 EL 1010734 pillow block bearing assy C09912 011.0010345 346605 011.1046.520000 3.51 Sales Tax C09912 346605 768.44 HDL SOFTWARE, LLC 011,1004.596200 6,893.43 Permit Tracking Software 98451N 346606 6,893.43 HEMA PATEL 011.1024.596500 40.61 Business Lunch 011315 346607 40.61 HI-LINE INC. 011.120010 163.32 Food GradeAnti-Sieze, 8 oz., item 10351143 011 0010317 346608 011.120010 7.70 Freight 10351143 011.0010317 346608 011.120010 14.68 Sales Tax 10351143 346608 185.70 IGOE &COMPANY INC. 011.1026.594200 200.00 Administrative Fees 127719 346609 200.00 INSIGHT PUBLIC SECTOR, INC 011.9019.590110 1,570.00 Material Number: EW8TWZZ0-ER1GS— 1100398603 011.0010281 346610 Printed:2/10/2015 2 41:20PM Page 21 of 2B CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT INSIGHT PUBLIC SECTOR, INC 011.9019.590110 885.00 Material Number: NBZBWZZO-ERIGS-- 1100398603 011.0010281 346610 011.9019.590110 1,707.50 Material Number: IPIOWZZO-ER1GS 1100398603 011.0010281 346610 011.1031.540000 606.60 Trinus Black Leather Pouch for 1100402525 011.0010359 346610 011.1031.540000 54.60 Sales Tax 1100402525 346610 4,823.70 JACK'S MUFFLER SERVICE & 011.1046 520000 235.00 right upper catalytic converter 6751 011.0010343 346611 011.1046 590000 100.00 Labor to replace right upper catalytic 6751 011.0010343 346611 011.1046 520000 21.15 Sales Tax 6751 346611 356.15 JASON ADDISON SMITH 011.1041.595200 85.00 Plan Check Fees PC4372 346612 CONSULTING 85.00 JERRY'S AUTO BODY INC 011.1046.590000 240.00 Labor only to adjust upper and lower 28709 011.0010327 346613 011.1046.520000 211.20 Paint and material to repair and 28725 011.0010347 346613 011.1046.590000 662.40 Labor to repair and refinish both right 28725 011.0010347 346613 011.1046.520000 19.01 Sales Tax 28725 346613 1,132.61 JONATHAN SUDDUTH 011.1026.596800 862.15 Tuition Reimbursement 010515 346614 862.15 JSB FIRE PROTECTION, LLC 011.1033.595200 720.00 Permit Fees 14212 346615 720.00 KENNEDY NAMEPLATE CO. 011.1060.520000 13.60 Nameplate for new employee:- 71391 011.0010292 346616 Printed,2110/2015 2,41:20PM Page 22 of 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT KENNEDY NAMEPLATE CO. 011.1060.520000 5.90 Silver Desk Nameplate Holder 71391 011.0010292 346616 011.1060.520000 1.76 Sales Tax 71391 346616 21.26 KJ SERVICES 011.1060.466800 7,000.00 Calendar Student Winner Awards 8240 346617 7,000.00 KPS PLUMBING CO., INC. 011.1048.590000 2,080.00 Repairs& Maintenance 2434 346618 2,080.00 L.B. JOHNSON HARDWARE CO.#1 011.1033.520000 3986 Hardware supplies- 671006 011.0009932 346619 39.86 L.N CURTIS& SONS 011.1033.520000 57.60 Univ Spanner Wrench 133151400 011.0010149 346620 011.1033.520000 2056 Clip#N6 ZICO 133151400 011.0010149 346620 011.1033.520000 16.63 Freight 133151400 011.0010149 346620 011.1033.520000 7.03 Sales Tax 133151400 346620 011.1033.540000 397.85 Pro Warrington Boots— 134232400 011.0009953 346620 011.1033.540000 126.53 SCBA Maintenance Services 616145700 011.0009964 346620 626.20 LA POOL GUYS 011.1049.590000 194.00 Pool Service 30284 346621 194.00 LIFE-ASSIST, INC. 011.1033.520000 2,897.24 Emergency Medical Supplies on an as 697832/698223/69 011 0010282 346622 8834 2,897.24 Printed 2/10/2015 2 41.20PM Page 23 of 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT LIFECOM INC 060.6033 520000 335.00 Diagnostic Evaluation Fee, performed to 2066251/66757/65 011.0010123 346623 227 060.6033.520000 1,418.28 Parts for the Repairs&Calibration— 2066251/66757/65 011.0010123 346623 227 060.6033.520000 235.00 RKI Calibration Gas- 2066251/66757/65 011.0010123 346623 Part#81-0192RK-04 227 060.6033.520000 73.00 Freight 2066251/66757/65 011.0010123 346623 227 060.6033.520000 14881 Sales Tax 2066251/66757/65 346623 227 2,210.09 LOSANGELES COUNTY ASSES. 011.1041.595200 205.81 Maps& Postage 15ASRE189 346624 OFC. 205.81 LUCITY, INC. 011 9019.596700 920.00 Remote Training (per hour) 617901 011.0010223 346625 011.9019.520010 4,000.00 Inventory Control 618051 011.0010283 346625 011.9019.520010 533.33 Constant Connection Program 618051 011.0010283 346625 5,453.33 MAYWOOD CAR WASH 011.1060 570000 35.00 Full Service Car Wash-- 577 011.0009954 346626 35.00 NATIONAL LEAGUE OF CITIES 011.1002.596550 263.00 Membership Dues 111653 346627 263.00 NET TRANSCRIPTS, INC. 011.1031.596200 81.59 Transcripts Services 123114117 346628 81.59 Printed,2/10/2015 2 41,20PM Page 24 of 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT NORMAN A. TRAUB ASSOCIATES 011.1031.596200 3,120.00 Investigator Fees 011615 346629 3,120.00 PURE WATER SCIENCE, LLC 011.1049.520000 808.78 Water System Rental 23550 346630 80B.78 RELIABLE ICE EQUIPMENT, INC. 011.1033.590000 382.13 Repairs& Maintenance 42850 346631 011.1033.590000 382.13 Repairs&Maintenance 42851 346631 011.1033.590000 382.13 Repairs& Maintenance 42852 346631 011.1033.590000 382.13 Repairs& Maintenance 42853 346631 1,528.52 SHARE CORPORATION 011.1046,520000 145.26 cable tie removers 1 wire strippers 899429 011.0010298 346632 011.1046.590000 9.41 Freight 899429 011.0010298 346632 154.67 SOUTHERN CALIFORNIA 011.1049.590000 197.25 Repairs&Maintenance 48224 346633 OVERHEAD 197.25 SOUTHWEST INSPECTION& 011.1043.900000 96000 Soil Inspection 144605 346634 TESTING 960.00 STACY MEDICAL CENTER 011.1031.594200 120.00 Custody Exam 521111051 346635 011.1031.594200 20.00 Custody Exam 521111244 346635 140.00 STATE BOARD OF EQUALIZATION 060.6060.520000 4,458.00 Hazardous Waste Generator Fee- 123114(C) 346636 Printed:2/10/2015 2:41:20PM Page 25 of 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT 4,458.00 STATE STREET LAUNDRY 011.1031.520000 43.20 Laundry Services- 010715VRS 011.0009939 346637 43.20 STERICYCLE INC 011.1031.520000 272.01 OSHA Compliance 3002892213 346638 272.01 THOMSON REUTERS 011.1024.596600 371.28 Information Charges 831002672 346639 011 4031.520000 845.40 Information Charges 831027770 346639 1,216.68 TODD PAINTON 011.1026.596800 310.53 Tuition Reimbursement 011915 346640 310.53 U.S. HEALTHWORKS MEDICAL 011.1026.597000 180 00 Pre-Employment Physicals& DOT 2632523CA 346641 GROUP 011A026.597000 210.00 DOT Physicals 2635521 CA 346641 390.00 UNIFIRST 011.1043.540000 149.19 Uniform Rental 013115VRS 346642 011.1046.540000 66.96 Uniform Rental 013115VRS 346642 011.1047.540000 35.64 Uniform Rental 013115VRS 346642 011.1049.540000 51.16 Uniform Rental 013115VRS 346642 020.1084.540000 147.16 Uniform Rental 013115VRS 346642 011.1043.540000 176,61 Uniform Rental 123114VRS 346642 011.1046.540000 83.70 Uniform Rental 123114VRS 346642 011.1047.540000 46.95 Uniform Rental 123114VRS 346642 Printed 2/10/2015 2:41 20PM Page 26 of 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT UNIFIRST 011.1049.540000 63.95 Uniform Rental 123114VRS 346642 020.1084.540000 183.95 Uniform Rental 123114VRS 346642 1,005.27 USA BLUE BOOK 011.120010 81.44 1820-230 Double Female Hose Swivel, 541276/541797 011.0010333 346643 011.120010 159.60 1820-880 Hose Shutoff, 3/4"GHT, heavy 541276/541797 011.0010333 346643 011.120010 1,449.90 1890-100 Pulsatron series E Plus Pump, 541276/541797 011.0010333 346643 011.120010 392.56 1890-110 Kopkit(K4VTC1) PVC, part 541276/541797 011.0010333 346643 011.120010 156.96 1890-140 Foot Valve and strainer, part 541276/541797 011.0010333 346643 011.120010 35.69 Freight 541276/541797 011.0010333 346643 011.120010 204.85 Sales Tax 541276/541797 346643 2,481.00 TOTAL PRINTED CHECKS $ 165,395.12 Printed:2/10/2015 2:41:20PM Page 27 of 28 CITY OF VERNON WARRANT REGISTER NO. 1418 FEBRUARY 17, 2015 RECAP BY FUND EARLY PRINTED FUND WIRE TOTAL CHECK TOTAL CHECK TOTAL TOTAL 011 -GENERAL $ 378,509.34 $ 372,169.98 $ 145,519.80 $ 896,199.12 020-WATER 97,543.96 4,273.64 12,640.23 114,457.83 057-FIBER OPTIC 0.00 7,147.57 0.00 7,147.57 060-HAZARDOUS WASTE 0.00 1,103.13 7,235.09 8,338.22 GRAND TOTAL $ 476,053.30 $ 384,694.32 $ 165,395.12 $ 1,026,142.74 TOTAL CHECKS TO BE PRINTED 77 Printed:2/10/2015 2:41:20PM Page 28 of 28 C:) Co > E a) a) m 00 W m z U- co E o w 4— m o z 0 t- o U) a) z _0 Q) AQ > 0) 0 4- 0 -0 U) Q) LU >- LO C) cq 60, co 0 _0 LL CL 00 - q 0 LAm NC,� Lo 06 0 r U) C) _rZ CD (N .0) N -�e 0 0 0 06 C,� a) w -PIN L-, 2) (Y) M 00 M aj _0 a) (3) 6 C: 0 ,,- 0) I_- z 0 o r Sa CL LL : CTJ a) �3 E o c: 4- 0) C14 w 0 It a)LL :3 U) 0- Co U) (D C) U) a) 0 U- E 4- 4— 4-- -a 0 0 C: 0 a) 2 r- r- . 3: _0 C: Ln o o N r E LL 0 00 -0 0 0 0 0 0) 06 'r C: 0 w � < (1) cn Cv cla Q) a) m N O N N O) � � d � C � G O O (U O X A O a O � O y O (� O 0- U �U O G � G O (6 U 0 O e� O 2 O U E N U _O U N � � � G 3 M 1. 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J r� m N w U) W o C) N 7 O -1 o CJ Q O > Lu o O � z Gz > N ® 0 2 W z C) U C L>21 > w > > I- Q D- Q t I k � / � � « ƒ ƒ ® 0 $ y \� � � & 0 % k y « ® R � m � M LO y ® k � @ . o t &± o w gam« \ $ A� \ &~ . � 3 % 0 0 ® to z LO \ \ \ : w : \ \ J � � � 7 M G � � a o & � � 7 -0 LO 0 0 ��� \ Cl) 10 OZ5 V- 0 rtv Le,r �i RECEWED r�r,w�'•�� FEB 10 20 s5 RECF� f FEB 1 1 2015 STAFF REPORT CITY ADMINISMATION CITY CLERK'S OFFICE FINANCE/TREASURY DEPARTMENT DATE: February 10, 2015 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director Of RE: Gas Warrant Register for City Council Agenda of February 17, 2015 It is recommended that the attached Gas Warrant Register No. 171 be approved at the City Council meeting of February 17, 2015. Gas Warrant Register No. 171 totals $1,936,405.48, and covers claims and demands presented during the period of January 27 through February 9, 2015, drawn, or to be drawn, from East West Bank. The following list details the components of Gas Warrant Register No. 171: 1. Ratification of wire transfers totaling $1,901,370.93; 2. Ratification of the issuance of early checks totaling $4,820.99; and 3. Authorization to issue pending checks totaling $30,213.56. of YER CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 171 ~��'t =_ " �t•r FEBRUARY 17, 2015 r��Rar ti%�S 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:2/10/2015 2:44:59PM Page 2 of 9 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 171 FEBRUARY 17, 2015 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT SHELL ENERGY NORTH AMERICA 056.5600.500160 377,552.50 Natural Gas 2582780 314 01/26/2015 377,552.50 NOBLE AMERICAS GAS&POWER 056.5600.500160 306,225.00 Natural Gas 04T11 315 01/26/2015 306,225.00 ANAHAU ENERGY, LLC 056.5600.500160 172.98 Natural Gas 345 316 01/26/2015 17298 EDF TRADING NORTH AMERICA, 056.5600.500160 545,238.12 Natural Gas 153144 317 LLC 01/26/2015 545,238.12 CONOCO PHILLIPS COMPANY 056.5600.500160 165,937.50 Natural Gas 38304 318 01/26/2015 165,937.50 BP ENERGY COMPANY 056.5600.500160 275,762.50 Natural Gas 1349587 319 01/26/2015 275,762.50 IBERDROLA ENERGY SERVICES 056.5600.500160 129,510.32 Natural Gas OLPX6 320 LLC 01/26/2015 129,510.32 THE GAS COMPANY 056.5600.550022 92,452.15 Transmission Charge 123014 321 01/30/2015 92,452.15 CITIGROUP ENERGY INC. 056.5600.500167 16,083.86 Natural Gas 4016145 322 056.5600.500168 -7,564.00 Natural Gas 4016145 322 02/04/2015 8,519.86 Printed 2/10/2015 2 44 59PM Page 3 of 9 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 171 FEBRUARY 17, 2015 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT TOTAL WIRES $ 1,901,370.93 Printed:2/10/2015 2:44:59PM Page 4 of 9 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 171 FEBRUARY 17, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT DO IT AMERICAN MFG CO., LLC 056.120010 282.75 4"x 66"Sch 40 pipe Guard Post- 2860 056.0000298 1242 056.120010 25.44 Sales Tax 2860 1242 01/29/2015 308.19 HOME DEPOT CREDIT SERVICES 056.5600.520000 270.19 Small tools and plumbing hardware- 120314VRS 056.0000276 1243 01/29/2015 270.19 MAYWOOD CAR WASH 056.5600.570000 7.00 Car and truck washing service- 576 056.0000281 1244 01/29/2015 7.00 SHOETERIA 056.5600.540000 300.00 Steel Toe Work Boots- 86485 056.0000277 1245 02/03/2015 30000 P&F DISTRIBUTORS 056.120010 150.00 250ft Pipe Gas Coil, 1"x 250- 92555/92841 056.0000315 1246 056 120010 600.00 200ft Pipe Gas, 3"x 20-- 92555/92841 056.0000315 1246 056 120010 200.00 40ft Pipe Gas,4: x 20- 92555/92841 056.0000315 1246 056 120010 1,800.00 180ft Pipe Gas, 6"x 20- 92555/92841 056.0000315 1246 056.120010 42.00 14 Coupling Skt Fuse, 1 92555/92841 056.0000315 1246 056.120010 56.00 8 Elbow 90 Skt Fuse, 1.5"- 92555192841 056.0000315 1246 056.120010 61.25 7 Elbow 90 Skt Fuse,2 92555/92841 056.0000315 1246 056.120010 36.00 3 Elbow 45 BF, 2"-- 92555/92841 056.0000315 1246 056.120010 116.10 6 Reducer BF,4"x 2"- 92555/92841 056.0000315 1246 056.120010 188.25 15 Tap Tee TT, 6"x 1"- 92555/92841 056.0000315 1246 056.120010 78.00 6 Coupling EF, 1.5"- 92555/92841 056.0000315 1246 056.120010 308.53 Freight 92555/92841 056.0000315 1246 056.120010 299.48 Sales Tax 92555/92841 1246 Printed 2/10/2015 2 44 59PM Page 5 of 9 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 171 FEBRUARY 17, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 02/05/2015 3,935.61 TOTAL EARLY CHECKS $ 4,820.99 Printed:2/10/2015 2:44:59PM Page 6 of 9 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 171 FEBRUARY 17, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT A-BEST INDUSTRIAL 056.120010 418.00 Gas Supplies- IN5777 056.0000314 1247 056.120010 497.00 Gas Supplies- IN5777 056.0000314 1247 056.120010 1,872.90 Gas Supplies- IN5777 056.0000314 1247 056.120010 29.98 Freight IN5777 056.0000314 1247 056.120010 250.91 Sales Tax IN5777 1247 056.120010 1,243.20 Gas Supplies- IN5778 056.0000311 1247 056.120010 3,498.00 Gas Supplies-- IN5778 056.0000311 1247 056.120010 4,976.34 Gas Supplies- IN5778 056.0000311 1247 056.120010 122.13 Freight IN5778 056.0000311 1247 056.120010 874.58 Sales Tax IN5778 1247 056.120010 9,982.50 TURBO-METER, SENSUS T60, 8" IN5785 056.0000318 1247 FLANGE, 175 056.120010 118.31 Freight IN5785 056.0000318 1247 056.120010 898.43 Sales Tax IN5785 1247 24,782.28 DO ITAMERICAN MFG CO., LLC 056.120010 660.00 Gas Supplies- 2976 056.0000313 1248 056.120010 1,620.00 Gas Supplies- 2976 056.0000313 1248 056.120010 205.20 Sales Tax 2976 1248 2,485.20 P&F DISTRIBUTORS 056.120010 795.60 Tap Tee HVSTT,6"x 2"- 93152IN 056.0000317 1249 056.120010 1,160.00 Tap Tee HVTT,6"x 2"- 93152IN 056.0000317 1249 056.120010 472.00 Riser Anadeless, 2"- 93152IN 056.0000317 1249 056A20010 300.00 Freight 93152IN 056.0000317 1249 Printed-2/10/2015 2:":59PM Page 7 of 9 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 171 FEBRUARY 17, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT P&F DISTRIBUTORS 056.120010 218.48 Sales Tax 93152IN 1249 2,946.08 TOTAL PRINTED CHECKS $ 30,213.56 Printed:2/10/2015 2:44:59PM Page 8 of 9 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 171 FEBRUARY 17, 2015 RECAP BY FUND EARLY PRINTED FUND WIRE TOTAL CHECK TOTAL CHECK TOTAL TOTAL 056- NATURAL GAS $ 1,901,370.93 $ 4,820.99 $ 30,213.56 $ 1,936,405.48 GRAND TOTAL $ 1,901,370.93 $ 4,820.99 $ 30,213.56 $ 1,936,405.48 TOTAL CHECKS TO BE PRINTED 3 Printed:2/10/2015 2:44:59PM Page 9 of 9 V� RECIFOIED FEB 12 2 015 CITY CLERK'S OFFICE STAFF REPORT CITY ADMINISTRATION DATE: February 17, 2015 TO: Honorable Mayor and City Council FROM: Mark C. Whitworth, City Administrator RE: Eagle Scout Proclamation Recommendation It is recommended that the City Council: Approve a proclamation for Giovanni Chaidez for his service to and support of his community. Background Giovanni Chaidez, a member of the Los Angeles Area Division of the Boy Scouts of America, has attained the rank of Eagle Scout, the highest advancement rank in Boy Scouting. Mr. Chaidez has completed over 600 hours of community service, and earned 21 merit badges, including Family Life, Personal Management, and Citizenship in the Community and World, as well as First Aid. The prestigious Eagle Scout Award is presented only to young men who have attained outstanding achievements in scouting and in their community. Mayor McCormick will present this proclamation to Giovanni Chaidez on behalf of the City of Vernon at an upcoming Boy Scouts awards ceremony. Fiscal Impact There is no cost associated with this item. of � rty tt� r A PROCLAMATION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF VERNON COMMENDING AND HONORING GIOVANNI CHAIDEZ FOR HIS SERVICE AND SUPPORT OF HIS COMMUNITY WIHEREAS, Giovanni Chaide!Z has distinguished himself by attaining the rank of Eagle Scout with the Boy Scouts ofAmerica;and WHEREAS, Mr. ChaideZ has completed 21 Merit Badges, including Merit Badges in `Family Life," `Personal Management,"and "Citizenship in the Community and Wlorld"as well as `First Aid"and WIHEREAS, Mr. ChaideZ has completed a Community Service Project for Bishop Mora Salesian High School in the remodeling of theyouth chapel and religious counseling oce, in addition to completing over 600 hours of community service;and WIHEREAS, the Eagle Scout Award is presented only to young men who have attained outstanding achievements in scouting and their community;and WIHEREAS, Mr. Chaide.Z's scouting achievements are an example of America in action, and his keen sense Of maturity and development of leadership have placed him in the esteem of his community and fellow scouts. NOWT THEREFORE, THE MAYOR AND THE CITY COUNCIL OF THE CITY OF VERNON, ON BEHALF OF ITS EMPLOYEES, RESIDENTS AND BUSINESSES HEREBY HONOR, COMMEND AND CONGRATULATE GIOVANNI CHAIDEZ FOR HIS SERVICE AND SUPPORT OF HIS COMMUNITY. THIS PROCLAMATION IS BEING PRESENTED TO GIOVANNI CHAIDEZ BY THE HONORABLE MAYOR WI MICHAEL MCCORMICK FOR AND ON BEHALF OF THE CITY COUNCIL OF THE CITY OF VERNON THIS 1 TM DAY OF FEBRUARY TWO THO USAND AND FIFTEEN. CITY OF VERNON By: WI MICHAEL MCCORMICK, Mayor RECF-IVED FEB 12 2015 CITY CLERK'S�if FICE STAFF REPORT CITY ADMINISTRATION rm DATE: February 17, 2015 TO: Honorable Mayor and City Council FROM: Mark C. Whitworth, City Administrator M wlCl RE: Council Conference Attendance Report Members of legislative bodies are required to provide brief reports on meetings attended at the expense of the agency after the completion of the meeting. Mayor McCormick, and Council Member Martinez attended the Independent Cities Association Winter Seminar, in Santa Barbara California, from January 30 through February 1, 2015. Seminar program included: Friday,January 30, 2015 Board of Directors Reception Saturday,January 31,2015 Morning Session #1: "How Agency Cooperation and Shared Resources Saved a Community." Morning Session #2: "Why Your City Should Belong To LA IMPACT—(Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force)and LA CLEAR—(Los Angeles Regional Criminal Information Clearinghouse)." Morning Session #3: "Dollars to Pesos - $100M Money Laundering Bust in LA County Cities." Luncheon Session: AB 109 Update, Marijuana Update, Prop 47 Update, Sober Living Homes on Your Residential Streets. Afternoon Session #1: "Surveillance Cameras in Your Communities." Afternoon Session #2: "Drones—Do They Hinder or Help?" 01 R RECE� RECEIVED 2015 �`v'hcr,xv�•�' FEB 12 FEB 1 12015 CITY CLERK'S OFFICE STAFF REPORT CITY ADMI ATION CITY ATTORNEY'S OFFICE DATE: February 17, 2015 TO: Honorable Mayor and City Council FROM: Hema Patel, City Attorney RE: Request to Approve an Amendment No. 1 to the Attorney Services Agreement with Lewis Brisbois Bisgaard & Smith LLP regarding Civil Litigation Legal Services Recommendation It is recommended that the City Council: 1. Find that the approval of the amendment proposed in this staff report is exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3),the general rule is that CEQA only applies to activities that may have an effect on the environment. 2. Approve Amendment No. 1 to the Attorney Services Agreement with Lewis Brisbois Bisgaard & Smith LLP ("Lewis Brisbois"), in substantially the same form as submitted herewith, for an additional one year period for an amount not-to-exceed $50,000.00, to provide civil litigation legal services on an as needed, on-call basis. Background On December 18, 2012, the Vernon City Council adopted Ordinance No. 1200, amending Article IV of Chapter 2, Sections 2.17 through 2.31, to make necessary changes to the City's purchasing system in order to establish an open and transparent, competitive bidding and purchasing process. On October 7, 2013, the City Attorney's office issued a Request for Proposals for Civil Litigation Legal Services; the Request was posted on the City's website, advertised in the Daily Journal (a print and online legal trade publication), and posted on a statewide City Attorney e-mail list serve. Responses to the Request for Proposals were due on or before November 7, 2013. As part of that competitive selection process, the City selected the law firm of Lewis Brisbois to provide civil litigation legal services on an as needed, on-call basis. Effective January 29, 2014, the City entered into an Attorney Services Agreement with Lewis Brisbois. The Agreement followed the general form approved and adopted on February 5, 2013, by Resolution 2013-23 of the Vernon City Council. Under Vernon Municipal Code section 2.17.30(b) and the City's good governance reform procedures, all professional service contracts must be rebid every three years, unless commercially unreasonable to do so. As set forth above, Lewis Brisbois was retained through a 2013 competitive selection process. Accordingly, Amendment No. 1 also includes the option of one additional and final one-year renewal term that the City may elect to exercise, in accordance with the terms of the Agreement and the City's purchasing regulations. Pursuant to Section 2.17.02 of the Ordinance no. 1221, Amendment No. 1 would require City Council approval because the total value over the lifetime of the contract would exceed $100,000.00. Fiscal Impact Sufficient funds have been budgeted in the FY 2014-2015 budget. AMENDMENT NO. 1 TO THE ATTORNEY SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND LEWIS BRISBOIS BISGAARD & SMITH LLP REGARDING CIVIL LITIGATION LEGAL SERVICES This Amendment("Amendment No. I")to that certain Agreement for civil litigation legal services dated January 29, 2014, (the "Agreement"), is made as of January 29, 2015, by and between the City of Vernon, a California charter city and municipal corporation (the "City"), and Lewis Brisbois Bisgaard & Smith LLP ("Associate Counsel"), a Limited Liability Partnership. WHEREAS,the City and Associate Counsel are parties to a written Agreement dated January 29, 2014, under which Associate Counsel provides civil litigation legal services on an as-needed basis ("the Agreement"); and WHEREAS,the City and Associate Counsel desire to amend the Agreement to renew the Agreement effective January 29, 2015, through January 28, 2016, for a total amount not to exceed $50,000.00 for this renewal term. NOW, THEREFORE,the parties to this Amendment No. 1 agree as follows: 1. The Agreement has been renewed for an additional one (1) year period, and the Termination Date listed on the Cover Page is amended to January 28, 2016. There is one additional, and final one-year renewal term which the City may elect to exercise according to the terms of the Agreement; there are no further renewal terms beyond that one additional and final one-year renewal term. 2. Except as expressly modified by this Amendment No. 1, all provisions of the Agreement shall remain in full force and effect. 3. The provisions of this Amendment No. 1 shall constitute the entire agreement of the parties with respect to the subject matter included in this Amendment No. 1 and shall supersede any other agreement, understanding, or arrangement, whether written or oral, between the parties with respect to the subject matter of this Amendment No. 1. 4. The person or persons executing this Amendment No. 1 on behalf of each of the parties warrants and represents that he or she has the authority to execute this Amendment No. 1 on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties have signed this Amendment No. 1 as of the date stated in the introductory clause. [SIGNATURES FOLLOW ON NEXT PAGE] - 1 - CITY OF VERNON a California charter city Lewis Brisbois Bisgaard & Smith LLP, a Limited and municipal corporation Liability Partnership By: By: Mark Whitworth, Name: City Administrator Title: ATTEST: By: Name: Ana Barcia, Deputy City Clerk Title: APPROVED AS TO FORM: Hema Patel, City Attorney - 2 - of ve RECEIVED Ifto JAN 2 8 2015 CITY ADMINISTRATION Rc C 17 �f FIRE DEPARTMENT G Michael A.Wilson,Fire Chief FEB 0 4 2015 4305 Santa Fe Avenue,Vernon,California 90058 Telephone (323)583-8811 Fax(323) 826-1407 CITY CLERK'S OFFICE January 28, 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 January 1, 2015 through January 15, 2015. Respectfully Submitted, GC Y/ Michael . Wilson Fire Chief MAW:ar Fireletnow Exclusively Industrial VERNON FIRE DEPARTMENT COMPANY ACTIVITIES January 1,2015 to January 15,2015 This Period Last Year This This Year Last Year To Date Period To Date ACTIVITY TYPE FIRE PREVENTION: Regular Inspections (#): 74 74 41 41 Re-Inspections (#): 17 17 26 26 Spec. Haz. Inspections (#): 0 0 3 3 Total Inspections: 91 91 70 70 Total Man Hours: 103 103 85 85 TRAINING(HOURS): Firefighting 93 93 85 85 Hazardous Materials 34 34 65 65 Safety 125 125 136 136 Apparatus Operations 124 124 138 138 Equipment Operations 122 122 139 139 CPR 1 1 7 7 First Aid 18 18 15 15 Total Hours: 517 517 585 585 PRE-INCIDENT (HOURS Planning 76 76 73 73 District Familiarization 80 80 79 79 Total Hours: 156 156 152 152 PERIODIC TEST (HOURS Hose Testing 4 4 16 16 Pump Testing 0 0 10 10 Total Hours: 4 4 26 26 Page 1 PUBLIC SERVICE PROGRAMS (HOURS) School Programs 4 4 5 5 Fire Brigades 0 0 5 5 Emergency Preparedness 13 13 20 20 Total Hours: 17 17 30 30 ROUTINE MAINTENANCE (HOURS): Station 128 128 130 130 Apparatus 135 135 142 142 Equipment 130 130 138 138 Total Hours: 393 393 410 410 Grand Total Hours: 1190 1190 1288 1288 Tireactivity Page 2 VERNON FARE DEPARTMENT k - Type of Incident Report IFLY ►► '` Total Incidents: 2015 =47 January 1, 2015 - January 15, 2015 01/28/2015 INCIDENT TYPE E Auto vs Ped 1 E BACK PAIN-D""' 2 E CHEST PAIN-D"" 2 E DIFF BREATHINGIASTHMA-D"' 1 E DIFFICULTY BREATHING-D"' 2 E FALL VICTIM-D"" 1 E HEMORRHAGE/CUT-D6" 1 E PSYCH/BEHAVE/SUI ATT-D" 1 E SEIZURE-D"" 2 E SICK PERSON-W"' 3 E TRAFFIC COLLISION-D' 6 E TRAUMATIC INJURIES-D'" 1 E UNC PER/FAINTING (NEAR)-D"" 2 E UNKNOWN PROBLEM-D"' 3 F Arching Wires 1 F Fire Alarm No Reset 3 F Investigation 1 F Vehicle Fire 1 F Water Flow Alarm No Reset 3 F Water Flow Alarm With Reset 5 F Wires Down I S Moveup 1 S Public Assist i S Water Problem 2 Incident Type Incident Date PREVENTION FOLLOW-UP? Shift 131 Passenger vehicle fire 01/01/2015 14:31:49 No 700 False alarm or false call, other 01/01/2015 15:04:51 No 700 False alarm or false call, other 01/02/2015 05:06:56 No 300 Rescue, EMS incident, other 01/02/2015 08:26:29 No 311 Medical assist, assist EMS crew 01/02/2015 11:48:19 No 300 Rescue, EMS incident, other 01/02/2015 12:10:30 No 01/03/2015 02:57:10 No 571 Cover assignment, standby, moveup 01/05/2015 14:42:49 No 321 EMS call, excluding vehicle accident with inju 01/05/2015 14:58:45 No 322 Motor vehicle accident with injuries 01/O5/2015 15:04:54 No 321 EMS call, excluding vehicle accident with inju 01/05/2015 16.48:15 No 611 Dispatched & canceled en route 01/05/2015 17:27:39 No 321 EMS call, excluding vehicle accident with inju 01/06/2015 09:54.33 No 700 False alarm or false call, other 01/06/2015 13:06:58 No 322 Motor vehicle accident with injuries 01/06/2015 16:00:53 No 324 Motor vehicle accident with no injuries 01/06/2015 18:26:40 No 741 Sprinkler activation, no fire- unintentional 01/06/2015 22:52:35 No 700 False alarm or false call, other 01/07/2015 13:14:16 No 321 EMS call, excluding vehicle accident with inju 01/07/2015 20:40:31 No 321 EMS call, excluding vehicle accident with inju 01/08/2015 10:07.26 No 323 Motor vehicle/pedestrian accident(MV Ped) 01/08/2015 11:42:22 No 911 Citizen complaint 01/08/2015 12:14:08 No 700 False alarm or false call, other 01/08/2015 15:37:12 No 322 Motor vehicle accident with injuries 01/O8/2015 19:00:15 No 322 Motor vehicle accident with injuries 01/09/2015 11:06:27 No 743 Smoke detector activation, no fire- unintenti 01/09/2015 11:12:40 No 321 EMS call, excluding vehicle accident with inju 01/09/2015 11:58:54 No 324 Motor vehicle accident with no injuries 01/09/2015 12:36:52 No 730 System malfunction, other 01/09/2015 16:09:50 No 321 EMS call, excluding vehicle accident with inju 01/09/2015 17.26:00 No 321 EMS call, excluding vehicle accident with inju 01/10/2015 08:50:55 No 321 EMS call, excluding vehicle accident with inju 01/10/2015 14:16.40 No 321 EMS call, excluding vehicle accident with inju 01/10/2015 18:33:36 No 321 EMS call, excluding vehicle accident with inju 01/10/2015 23:44:40 No 445 Arcing, shorted electrical equipment 01/11/2015 06:20:14 No 611 Dispatched & canceled en route 01/11/2015 17:08:04 No 321 EMS call, excluding vehicle accident with inju 01/12/2015 06:08:26 No 444 Power line down 01/12/2015 09:34:58 No 321 EMS call, excluding vehicle accident with inju 01/12/2015 10:08:49 No 321 EMS call, excluding vehicle accident with inju 01/12/2015 10:58:43 No 611 Dispatched &canceled en route 01/12/2015 14:16:39 No 520 Water problem, other 01/13/2015 17:31:57 No 520 Water problem, other 01/14/2015 23:31:20 No 321 EMS call, excluding vehicle accident with inju 01/15/2015 01:03:04 No 321 EMS call, excluding vehicle accident with inju 01/15/2015 14:12:12 No 740 Unintentional transmission of alarm, other 01/15/2015 14:14:30 No 321 EMS call, excluding vehicle accident with inju 01/15/2015 17:18:25 No VERNON FIRE DEPARTMENT Type of Incident Report �IT IL Total Incidents: 2014 =48 January 1, 2014- January 15, 2014 01/28/2015 INCIDENT TYPE E Abdominal Pain-A 1 E CHEST PAIN-D"• 3 E SICK PERSON-D"" 2 E TC EJECTION-1)" 1 E TC with Trapped People 1 E TRAFFIC COLLISION-D"' 10 E UNKNOWN PROBLEM-Da" 2 F Auto vs Train 1 F Commercial Fire 3 F Electrical Short 1 F Fire Alarm No Reset 9 F Investigation 2 F Natural Gas Leak -Outside 1 F Structure Fire 1 F Vehicle Fire 1 F Water Flow Alarm No Reset 6 F Water Flow Alarm With Reset 1 5 Water Problem 2 of RECEIVED RECr71�9ED �:� .. FHB 0 2 2015 FEB 0 4 2015 CITY ADMINISTRATION CITY CLERK'S OFFICE POLICE DEPARTMENT ' Daniel Calleros, Chief of Police 4305 Santa Fe Avenue,Vernon, California 90058 Telephone (323)587-5171 Fax (323)826-1481 February 2, 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., January 16, 2015 up to and including midnight of January 31, 2015. Respectfully submitted, VERNON POLICE DEPARTMENT DANIEL CALLEROS CHIEF OF POLICE DC/dr .xclusively Industrial VERNON POLICE DEPARTMENT Department Activity Report First Date: 01/16/2015 Jurisdiction: VERNON Last Date: 01/31/2015 Department Complaint All Units Primary Unit Type Description VPD 10-6 OFFICER IS 10-6 C7,961,962,10-10,WASH, EQUIPK 115 105 10-96H PICK UP THE JAIL PAPER WORK FROM HP JAIL 1 1 10-96M 10-96 MARY(MAIL DETAIL) 8 6 20001 R INJURY HIT AND RUN REPORT 2 1 20002 NON-INJURY HIT AND RUN 10 4 20002R NON-INJURY HIT AND RUN REPORT 7 5 242 BATTERY 10 3 242R BATTERY REPORT 4 1 273.5 DOMESTIC VIOLENCE 7 2 415 DISTURBING THE PEACE 7 4 459A AUDIBLE BURGLARY ALARM 146 71 459R BURGLARY REPORT 4 2 459S SILENT BURGLARY ALARM 3 1 459VR BURGLARY TO A VEHICLE REPORT 1 1 476R FRAUD REPORT 4 3 484 PETTY THEFT 7 2 484R PETTY THEFT REPORT 2 1 487R GRAND THEFT REPORT 3 3 503R EMBEZZLEMENT REPORT 3 2 586 PARKING PROBLEM 23 17 594 VANDALISM 11 3 594R VANDALISM REPORT 13 10 602 TRESPASS 18 7 901 UNKNOWN INJURY TRAFFIC COLLISION 7 3 901T INJURY TRAFFIC COLLISION 25 8 902T NON-INJURY TRAFFIC COLLISION 38 20 902TR NON-INJURY TRAFFIC COLLISION REPORT 5 4 909E TRAFFIC ENFORCEMENT 6 1 909T TRAFFIC HAZARD 4 4 911 911 MISUSE/HANGUP 11 6 911A CONTACT THE REPORTING PARTY 2 2 917A ABANDONED VEHICLE 3 3 920PR LOST PROPERTY REPORT 2 2 925 SUSPICIOUS CIRCUMSTANCES 15 5 AB109 PROBATION/PAROLE COMPLIANCE CHECKS 2 1 ASTVFD ASSIST VERNON FIRE DEPARTMENT 22 14 BOVEH BROKEN DOWN VEHICLE 16 14 CITCK CITATION CHECK 9 6 CIVIL CIVIL MATTER 7 3 CODE5 SURVEILLANCE/STAKE-OUT 1 1 DARE D.A.R.E.ACTIVITIES 1 l DET DETECTIVE INVESTIGATION 3 2 DETAIL DETAIL 1 1 DPTAST DEPARTMENTAL ASSIST 5 3 FILING OFFICER IS 10-6 REPORT WRITING 32 30 FU FOLLOW UP 25 15 GTAR GRAND THEFT AUTO REPORT 6 5 HBC HAILED BY A CITIZEN 8 6 02/02/2015 08:02:26 Page I of 2 VERNON POLICE DEPARTMENT Department Activity Report First Date: 01/16/2015 Jurisdiction: VERNON Last Date: 01/31/2015 Department Complaint All Units Primary Unit Type Description VPD JAILPANIC TEST THE JAIL PANIC ALARM BUTTON 1 1 k9 TRAINING K9 TRAINING REMINDER,OBTAIN LOCATION 3 2 KTP KEEP THE PEACE 3 1 LARTCS LA REGIONAL TACTICAL COMMUNICATION SYSTE 1 1 LOJACK LOJACK HIT 2 1 LPR LICENSE PLATE READER 7 2 PAPD PUBLIC ASSIST-POLICE 11 7 PATCK PATROL CHECK 74 60 PEDCK PEDESTRIAN CHECK 69 33 PRSTRAN PRISONER TRANSPORTED 8 7 REC RECOVERED STOLEN VEHICLE 8 3 RECKLESS DF RECKLESS DRIVING(23103) 8 5 REPO REPOSSESSION 4 4 ROADRAGE ROAD RAGE 2 1 SPEED SPEED CONTEST OR SPEEDING(23109) 9 3 TRAFFIC STOI TRAFFIC STOP 291 221 UNATTACHED UNATTACHED TRAILER 1 1 VCK VEHICLE CHECK 89 62 VEH RELEASE VEHICLE RELEASE 25 20 WARRANT WARRANT ARREST 2 2 WELCK WELFARE CHECK 17 7 WRNTSVC WARRANT SERVICE 1$ 16 Department: 1318 875 Overall: 1318 876 02/02/2015 08:02:26 Page 2 of 2 VERNON POLICE DEPARTMENT Police Activity Report Period Ending: 01/31/15 TRAFFIC COLLISIONS NO. PROPERTY RECOVERED TOTAL 10 VEHICLES: $2,500.00 NON-INJURY 4 INJURY 6 Pedestrian Fatalities City Property Damage 2 Hit& Run (Misdemeanor) 2 Hit& Run(Felony) 1 Persons Injured 7 VEHICLES STORED PROPERTY RECOVERED FOR Unlicensed Driver 29 OTHER DEPARTMENTS Abandoned/Stored Vehicle 22 VEHICLES: $4,000.00 Traffic Hazard 3 CITATIONS Citations Iss (Prisoner Release) 12 Citations Iss (Moving) 128 Citations Iss (Parking) 14 Citations Iss (Total) 142 Hazardous 61 Non-Hazardous 67 Other Violations CASES CLEARED BY ARREST AR15-018 CR150141 11352 HS AR15-020 CR150148 10851(A) VC AR15-021 CR150151 11364 HS AR15-022 CR150152 11377 HS AR15-026 CR150161 484 PC AR15-027 CR150162 11377 HS AR15-029 CR150082 496 PC VERNON POLICE DEPARTMENT REPORT FOR PERSONS ARRESTED PERIOD ENDING 01/31/15 ADULT FELONY ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL JASSAULT WITH A DEADLY WEAPON ;BURGLARY CRIMINAL THREATS DOMESTIC VIOLENCE GRAND THEFT 1 1 IDENTITY THEFT POSS. CONTROLLED SUBS. 4 4 POSS. STOLEN PROPERTY 1 1 RAPE ROBBERY I VEHICULAR MANSLAUGHTER VEHICLE THEFT TOTAL FELONY ARRESTS 6 0 6 ADULT MISDEMEANOR ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL BATTERY I CRIMINAL THREATS 1 DRIVING UNDER THE INFLUENCE 1 1 FALSE INFO TO PEACE OFFICER PETTY THEFT 1 1 i POSS. NARC. PARAPHERNALIA 1 1 RESISTING ARREST TRESPASSING VANDALISM WARRANTS (BENCH/TRFC) 7 7 WARRANTS (FOREIGN) TOTAL MISD. ARRESTS 10 10 JUVENILES DETAINED --- FELONY AND MISDEMEANOR MALE FEMALE TOTAL BURGLARY PETTY THEFT POSS. STOLEN PROPERTY VANDALISM VEHICLE THEFT 'TOTAL JUVENILES DET. 0 0 0 TOTAL FELONY ARRESTS (ADULT) TO DATE: 1 TOTAL MISDEMEANOR ARRESTS (ADULT) TO DATE: 19 TOTAL JUVENILES DETAINED (FELONY AND MISDEMEANOR) TO DATE: 0 TOTAL ARRESTS AND DETAINED JUVENILES (FELONY AND MISDEMEANOR) TO DATE: 31 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA Is First Date: 01/16/2015 Jurisdiction: VERNON Last Date: 01/16/2015 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20150100985 RPT 01/16/2015 00:00:42 VI VCK FRUITLAND AV//GIFFORD AV,VERNON Departmem OCA Number RMS Juris VPD CR20150110 CA0197300 CITE VPD HERRERA,GUST/*1 L9 00:00:42 00:21:04 VPD VALE NZUELA,FE11L10 00:00:45 00:00:56 20150100997 RPT 01/16/2015 02:37:47 VI TRAFFIC STOP 3824 S SANTA FE AV,VERNON S/A 7 Departmem VPD R2 CR2 Number RMS Juris 0150111 CA0197300 CITE VPD HERRERA,GUST1*1 L9 02:37:47 03:26:29 VPD VASQUEZ,LUIS 11-12 02:37:55 02:39:16 03:13:43 20150101000 VI 01/16/2015 06:17:01 RPT VCK 4545 PACIFIC BL,VERNON Departmem OCA Number RMS Juris VPD CR20150112 CA0197300 VPD HERRERA,GUST/*1 L9 06:17:01 06:41:42 20150101003 RPT 01/16/2015 07:21:35 ALFREDO MEZA 242R BANDINI BL//ATLANTIC BL,VERNON Department OCA Number RMS Juris VPD CR20150113 CA0197300 VPD CHAVEZ,CELEST*21-11 07:23:39 07:33:21 07:49:57 09:15:03 VPD GAYTAN,LOREN221-12 08:13:38 09:02:18 VPD CERDA,EUGEN1021-8 07:35:25 07:49:56 09:02:17 VPD RODRIGUEZ,FER2S2 08:13:36 09:02:21 20150101016 RPT 01/16/2015 13:44:54 NOE AYALA Department OCA Number RMS Juris 20001 R 5100 S SANTA FE AV,VERNON VPD CR20150114 CA0197300 VPD CERDA,PAUL,JR *21-12 13:46:08 13:46:09 13:52:18 15:01:10 VPD CERDA,EUGEN1021-8 13:54:13 14:58:32 0111712015 04:37:31 Page 1 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 01/16/2015 Jurisdiction: VERNON Last Date: 01/16/2015 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Det) Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20150101019 RPT 01/16/2015 17:22:40 AT&T MOBILITY 800 635 6840 4 Departmem OCA Number RMS Juris 901T E 27TH//ALAMEDA,VERNON VPD CR20150115 CA0197300 VPD CERDA,PAUL,JR *21-12 17:24:03 17:24:04 17:36:58 18:20:04 20150101039 RPT 01/16/2015 22:31:16 SECURITY GUARD 594R 2800 S SOTO,VERNON Departmem OCA Number RMS Juris VPD CR20150116 CA0197300 VPD VASQUEZ,LUIS "1A2 22:35:14 22:35:15 22:37:59 23:04:00 OV1712015 04:37:31 Page 2 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 01/17/2015 .jurisdiction: VERNON Last Date: 01/17/2015 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20150101059 VI 01/17/2015 01:05:16 TRAFFIC STOP E WASHINGTON BL//INDIANA,VERNON Departmen� OCA N RMS l00 CITE VPD CR201501117 CA0197 300 RPT VPD VASQUEZ,LUIS '1A2 01:05:16 02:27:00 0111812015 05:10:47 Page 1 of i VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA Is First Date: 01/18/2015 Jurisdiction: VERNON Last Date: 01/18/2016 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20150101122 VI 01/18/2015 01:12:55 CITE TRAFFIC STOP E 25TH//SANTA FE AVE,VERNON Depar[mem OCA Number RMS J300 VPD CR20150118 CA0197300 VPD VASQUEZ,LUIS `1 L9 01:12:55 01:56:15 VPD SWINFORD,PHIL1.11-12 01:14:11 01:20:09 01:56:15 20150101166 RPT 01/18/2015 23:18:30 Juris VI SPEED 3770 E WASHINGTON BL,VERNON DDarlmem CR20 50119 Number �97300 CITE VPD HERNANDEZ,MIG'1L3 23:18:49 00:13:40 VPD SWINFORD,PHILLI1-8 23:21:54 00:13:41 0111912015 00:38:5C Page 1 of 1 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA Is First Date: 01/19/2015 Jurisdiction: VERNON Last Date: 01/19/2015 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20150101195 RPT 01/19/2015 10:19:06 SHAMROD 902T 3101 E 26TH,VERNON Department OCA Number RMS Juris VPD CR20150120 CA0197300 VPD VILLEGAS,RICHA*2L8 10:20:52 10:26:56 10:36:10 11:25:01 VPD REYNA,JOSE S 21-11 10:44:42 10:49:49 11:44:43 VPD RAMOS,JOSE 21-12 10:56:10 11:25:02 VPD ZAPIEN,DAVID 2S2 10:28:23 11:33:45 20150101202 RPT 01/19/2015 13:02:36 A3 DESIGN REPO 3821 S SANTA FE AV,VERNON Departmem OCA Number RMS Juris REPO VPD CR20150121 CA0197300 VPD RECORDS BURE/*RECD 13:05:30 13:44:59 0112012015 04:38:5! Page 1 of 1 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 01/20/2016 Jurisdiction: VERNON Last Date: 01/2012015 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20150101240 CITE 01/20/2015 07:46:41 VI TRAFFIC STOP E VERNON AV 11 FURLONG PL.VERNON Department OCA Number RMS Juris VPD CR20150122 CA0197300 RPT VPD GAYTAKLORENZ'21-12 07A6:41 08.10:42 20150101241 VI 01/20/2015 07:47:10 PATTY 902T S SANTA FE AV/I VERNON AV.VERNON Department OCA Number RMS Juris VPD CR20150123 CA0197300 VPD NEWTON.TODD 'M1 07:48:18 07:48:31 08.01:35 08:42:43 20150101249 RPT 01/20/2015 09:09:11 920PR S SOTO It VERNON AV.VERNON Department OCA Number RMS Juris VPD CR20150124 CA0197300 VPD RECORDS BURE/*reod 09:09-28 09.20-05 20150101250 RPT 01/20/2015 09:18:34 NEW CHEF FASHION 902TR 3223 E 46TH,VERNON Departmem OCA Number RMS Juris CITY VPD CR20150125 CA0197300 VPD RAMOS,JOSE "2L11 09:22:52 09:22:58 09:2717 10:17:22 VPD REYNA.JOSE S 2L8 09:59:32 10:17:22 20150101257 VS 01/20/2015 10:35:38 VCK 2141 E 52D,VERNON Department OCA Number RMS Juris CITE VPD CR20150126 CA0197300 RPT VPD GAYTAN,LORE N2'2L1 2 10:35:39 11:0410 20150101264 VS 01/20/2015 11:55:11 RPT 901T E 37TH 11 SANTA FE AV,VERNON Department OCA Number RMS Juris VPD CR20150127 CA0197300 VPD GAYTAN.LORENZ'2L12 11:55:43 11:55:43 11:57:07 12:44:28 VPD RAMOS.JOSE 21-11 12:01:50 12:04:30 12724:32 i 01/21/2015 05:03:59 Page 1 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 01/20/2015 Jurisdiction: VERNON Last Date: 01/20/2015 Call Number Disp Ten Received Caller Code Complaint Address _ , Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20150101264 VS 01/20/2015 11:55:11 RPT 901T E 37TH//SANTA FE AV,VERNON DeDarlmeni OCA Number RMS Juris VPD CR20150127 CA0197300 VPD ZAPIEKDAVID 2S2 11:57:45 12:02:10 12:24:06 VPD 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OCA Number RMS Juris VPD CR20150132 CA0197300 CITE VPD GAYTAN,LORENZ'2L8 08:42:04 09:05:25 20150101325 CITE 01/21/2015 09:57:26 VI TRAFFIC STOP CORONA AV H 48TH,VERNON Departmem OCA Number RMS Juris VPD CR20150133 CA0197300 RPT VPD GAYTAN,LOREN2*2L8 09:57:26 10:29:22 20150101326 RPT 01/21/2015 10:06:08 STANTEX INC 459VR 4879 FRUITLAND AV,VERNON Departmem OCA Number RMS Juris VPD CR20150134 CA0197300 VPD VELASQUEZ,RICI*2L11 10:10:12 10:10:19 10:23:03 10:43:42 20150101328 CITE 01/21/2015 10:36:17 RPT VCK EVERETT CT//FRUITLAND AV,VERNON Departmem OCA Number RMS Juris VPD CR20150135 CA0197300 VI VPD GAYTAN,LOREN2*21-8 10:36:17 11:08:13 20150101341 VI 21-8 01/21/2015 12:17:32 VCK EVERETT CT H FRUITLAND AV,VERNON Department OCA Number RMS Juris VPD CR20150136 CA0197300 VPD GAYTAN,LORENZ*2L8 12:17:33 12:45:17 0112212015 05:06:0: Page 1 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 01/21/2015 Jurisdiction: VERNON Last Date: 01/21/2015 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20150101352 RPT 01/21/2015 14:29:17 COASTAL CLOSEOUTS INC CITY 901T DOWNEY RD H LEONIS BL,VER Department OCA Number RMS Juris VPD CR20150137 CA0197300 VPD VELASQUEZ,RICI'21-11 14:30:20 14:31:52 16:51:19 VPD MADRIGAL,MARI/21-12 14:31:45 14:36:37 16:33:09 VPD GAYTAN,LOREN221-8 14:30:31 14:33:14 16:51:20 VPD ZAPIEN,DAVID 2S2 14:36:07 16:51:20 VPD RAMOS,JOSE 2Z8 14:42:45 16:51:20 VPD NEWTONJODD M1 14:37:24 16:51:21 20150101360 1015 01/21/2015 17:17:31 RPT FU 2661 OLIVE ST, HUNTINGTON PARK VPD ENCINAS,ANTHO*5D35 17:17:32 18:27:56 VPD MARTINEZ,GABR5D31 17:17:38 18:27:55 VPD ONOPA,DANIEL 5D34 17:17:40 18:27:56 20150101366 1015 01/21/2015 21:49:46 RPT 1 L11 WARRANT GAGE//RITA,HUNTINGTON PARK Departmem OCA Number RMS J300 VPD CR20150138 CA0197300 VPD VALENZUELA,FEI'1L11 21:50:03 21:55:09 22:44:13 -*.-Denotes Priniary Unit 01/2212015 05:06:0: Page 2 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Dale: 01/22/2016 Jurisdiction: VERNON Last Date: 01/22/2015 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20150101371 CITE 01/22/2015 00:43:59 RPT TRAFFIC STOP 5600 S SOTO,VERNON Departmem VPD R2 CR2 Number RMS Juris 0150139 CA0197300 VI VPD HERRERA,GUSTf"1L12 00:43:59 01:23:20 VPD VALENZUELA,FEI1L11 00:44:18 00:53:28 01:23:20 20150101372 VI 11-12 01/22/2015 01:23:52 CITE VCK 5600 S SOTO,VERNON Departmem OCA Number RMS Juris VPD CR20150140 CA0197300 RPT VPD HERRERA,GUSTP'1L12 01:23:52 01:37:33 20150101374 RPT 01/22/2015 01:57:43 VI TRAFFIC STOP 4500 S SANTA FE AV,VERNON Departmem OCA Number RMS Juris VPD CR20150142 CA0197300 CITE VPD HERRERA,GUST1`1 L12 01:57:43 03:09:42 VPD VASQUEZ,LUIS 1 L8 01:58:33 02:06:16 03:09:42 20150101375 RPT 01/22/2015 02:15:16 1015 DPTAST 3940 W CENTURY BLVD, INGLEWOOD Departmem OCA Number RMS Juris VPD CR20150141 CA0197300 VPD CROSS,JEREMY `5D41 02:16:38 03:09:32 20150101376 RPT 01/22/2015 03:03:35 DPTAST 4305 S SANTA FE AV,VERNON Departmem OCA Number RMS Juris VPD CR20150143 CA0197300 VPD ESTRADA,IGNACI"1S1 03:03:51 03:09:21 20150101377 RPT 01/22/2015 04:53:51 BENTEX COTTON Departmem OCA Number RMS Juris 487R 4154 BANDINI BL,VERNON VPD CR20150144 CA0197300 0112312015 02:31:2E Page 1 of 3 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 01/22/2015 Jurisdiction: VERNON Last Date: 01/22/2015 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20150101377 RPT 01/22/2015 04:53:51 BENTEX COTTON 487R 4154 BANDINI BL,VERNON Departmem OCA Number RMS Juris VPD CR20150144 CA0197300 VPD VALENZUELA,FEI*1Lll 04:58:25 05:05:22 06:00:19 20150101379 RPT 01/22/2015 05:25:51 VCK 4641 HAMPTON VERNON Departmem OCA Number RMS Juris , VI VPD CR20150145 CA0197300 CITE VPD HERRERA,GUSTF*1L12 05:25:51 05:48:13 20150101385 RPT 01/22/2015 07:40:39 BENTEX COTTON GTAR 4154 BANDINI BL,VERNON Departmem OCA Number RMS Juris VPD CR20150146 CA0197300 VPD CERDA,PAUL,JR *21-3 07:43:20 08:20:04 09:11:08 20150101388 RPT 01/22/2015 08:09:42 OUT OF THE BOX MOVING Departmem OCA Number RMS Juris GTAR 4810 EVERETT AV,VERNON VPD CR20150147 CA0197300 VPD CERDA.EUGENIO*21-1 08:12:43 08:14:00 08:21:51 08:36:26 10:20:20 20150101400 1015 01/22/2015 10:30:31 RPT REC 1260 SOTO.LOS ANGELES Departmem VPD R2 CR2 Number RMS Juris 0150148 CA0197300 VREC VPD CERDA,PAUL,JR *21-3 10:31:47 10:48:48 VPD CERDA,EUGEN1021-1 10:43:56 13:57:02 VPD VELASQUEZ,RIC12L2 10:33:30 10:36:35 11:27:51 VPD MADRIGAL,MARI/2L8 10:40:13 10:46:44 VPD ONOPA,DANIEL 5D34 10:36:53 10:40:39 VPD VANOVER,DONAIK92 10:33:44 11:27:23 20150101420 0112312015 02:31:2f Page 2 of 3 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA Is First Date: 01/22/2015 Jurisdiction: VERNON Last Date: 01/22/2015 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20150101420 RPT 01/22/2015 17:19:01 902TR SLAUSON AV//STATE,VERNON Departmem OCA Number RMS Juris VPD CR20150149 CA0197300 VPD CERDA,EUGENIO*2L1 17:20:16 17:20:17 17:20:27 18:32:47 20150101421 RPT 01/22/2015 17:59:58 VERIZON WIRELESS 800 451 5242 4 901T S ATLANTIC BL//DISTRICT BL,VERNON Departmem OCA Number RMS Juris VPD CR20150150 CA0197300 VPD CERDA,PAUL,JR *21-3 18:02:13 18:02:21 18:08:27 18:58:03 VPD STEVENSON,KENK91 18:49:09 18:52:21 18:53:51 20150101433 1015 01/22/2015 22:02:39 TRAFFIC STOP E SLAUSON AV//SANTA FE AV,VERNON Deparlmeni OCA Number RMS Juris CITE VPD CR20150151 CA0197300 RPT VS VPD HERRERA,GUST/*1L9 22:02:39 22:48:50 VPD VASQUEZ,LUIS 11-12 22:02:43 22:07:47 22:03:13 22:48:50 0112312015 02:31:2E Page 3 of 3 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 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15:34:19 15:56:45 16:31:14 20150101480 RPT 01/23/2015 18:00:11 LA COUNTY FIRE#76 901T 3730 E WASHINGTON BL,VERNON Departmem OCA Number RMS Aris VPD CR20150156 CA0197300 VPD VANOVER,DONAI"K92 18:03:56 18:03:56 18:10:12 19:47:46 20150101491 VI 01/23/2015 21:27:51 TRAFFIC STOP S SANTA FE AV//52ND,VERNON Departmem OCA Number RMS Juris RPT VPD CR20150157 CA0197300 VPD LANDA,RAFAEL '1A8 21:27:51 22:11:05 0112412015 01:45:55 Page 1 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 01/23/2015 Jurisdiction: VERNON Last Date: 01/23/2015 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp *** THIS PAGE INTENTIONALLY BLANK *** 0112412015 01:45:5c Page 2 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 01/24/2015 .jurisdiction: VERNON Last Dale: 01/24/2015 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20150101529 RPT 01/24/2015 11:44:54 HURADO TENERO Department OCA Number RMS Juris REC PACIFIC BL//52D,VERNON VREC VPD CR20150158 CA0197300 VPD CERDA,EUGENIO*2L9 11:50:03 12:16:44 0112512016 03:52:2: Page i of i VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA Is First Date: 01/25/2015 Jurisdiction: VERNON Last Date: 01/25/2015 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20150101560 1015 01/25/2015 09:00:44 RMS Juris RPT WRNTSVC 5727 GAGE AVE, BELL GARDENS DPDDartmem CR20 50159 Number C 0 97300 VPD CERDA,EUGENIO'2W8 09:00:44 09:44:04 20150101563 1015 01/25/2015 09:53:08 WRNTSVC 6522 TEMPLETON, HUNTINGTON PARK Departmem OCA Number RMS J300 VPD CR20150160 CA0197300 VPD CERDA,EUGENIO"2W8 09:54:34 11:51:37 20150101568 1015 01/25/2015 12:28:28 WRNTSVC 16083 LEANDER DR,HACIENDA HTS VPD CERDA,EUGENIO"2W8 12:28:28 12:38:03 15:02:56 20150101579 RPT 01/25/2015 19:00:16 MELICO INC 1015 484 3031 E VERNON AV,VERNON Departmem CR2 Number RMS Jur0 VPD R20150161 CA0197300 VPD SWINFORD,PHILL*11-11 19:01:15 19:04:53 20:50:34 VPD ZOZAYA,OSCAR 1 L12 19:04:51 23:32:25 VPD HERNANDEZ,MIG11-8 19:01:17 19:04:54 20:52:24 VPD PEREZ,NICK 1S1 19:03:21 19:04:48 21:00:19 20150101585 1015 01/25/2015 22:36:05 S Juris VS VCK 3282 E 26TH,VERNON VPDparlmem CR20150 62 Number R 0 97300 RPT VPD PEREZ,NICK '1S1 22:36:05 23:58:38 VPD SWINFORD,PHILL11-11 22:37:03 22:38:38 23:13:36 VPD HERNANDEZ,MIG1 L8 22:50:20 23:58:38 VPD HERRERA,GUSTf1 L9 22:46:24 22:50:24 23:05:09 01/26/2015 00:22:11 Page 1 of 1 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 01/26/2015 .jurisdiction: VERNON Last Date: 01/26/2015 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Den Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20150101593 VI 01/26/2015 01:22:04 Juris RPT VCK E 49TH//HAMPTON,VERNON DPDDartmem CR20 50 63 Number �97300 VPD HERRERA,GUSTf*1 L9 01:22:04 01:56:49 20150101606 CITE 01/26/2015 07:31:52 TRAFFIC STOP E 38TH//SANTA FE AV,VERNON Department CR2 Number CMS Juris VI VPD R20150164 CA0197300 VPD GAYTAN,LORENZ*21-11 07:31:52 07:56:07 20150101614 RPT 01/26/2015 08:21:47 TRAFFIC STOP E SLAUSON AV//DOWNEY RD,VERNON Departmem OCA Number CMS Juris CITE VPD CR20150165 CA0197300 VI VPD GAYTAN,LORENZ*2L11 08:21:48 08:50:13 20150101630 CITE 01/26/2015 09:44:05 Juris VI TRAFFIC STOP 4600 S SANTA FE AV,VERNON PDartmem CR20 50 6OCA 6er �197300 VPD RAMOS,JOSE *21-12 09:44:05 10:47:35 20150101632 RPT 01/26/2015 09:50:43 TRAFFIC STOP CARMELITA//SLAUSON AV,VERNON Department OCA Number CMS Juris VI VPD CR20150166 CA0197300 CITE VPD GAYTAN,LORENZ*2L11 09:50:43 10:30:14 20150101635 VREC 01/26/2015 10:39:12 CHP-SOUTH LA LOCATE 105 FWY//WILMINGTON.LOS ANGELES 20150101638 0112712015 05:03:5E Page 1 of 3 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 01/2612015 Jurisdiction: VERNON Last Date: 01/26/2015 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer unit Dispatch Enroute OnScene Depart Arrive Remove Como 20150101638 CITE 01/26/2015 11:31:49 Juris VI VCK S BONNIE BEACH PL!!26TH,VERNON DPDarfinenl CR20150 68 er �97300 VPD GAYTAN,LORENZ'2L11 11:3149 11:52A5 20150101641 CITE 01/26/2015 11:53:03 VI VCK E 26TH 11 BONNIE BEACH PL,VERNON DDartmem CR20150169 Number RAO 97300 VPD GAYTAN,LORENZ"2L11 11:53:03 12:08:09 20150101642 CITE 01/26/2015 11:59:30 TRAFFIC STOP WASHINGTON BL/!GRANDE VISTA.VERNON Deparfinem CR2 Number R s VI VPD CR20150170 CA0197300 VPD NEWTON,TODD 'M1 11:59-30 12:30:12 20150101645 CITE 0112612015 12:26:52 VCK E 26TH 1!BONNIE BEACH PL,VERNON Deparlmem CR2 Number RMS Juris VI VPD R20150171 CA0197300 VPD CR20150172 CA0197300 VPD GAYTAN,LORENZ'2L11 12-26:52 12:53-39 20150101649 RPT 01/26/2015 1316:49 1015 DET 1211 N SPRING ST.COMPTON SIA H VPD ONOPA,DANIEL `5D34 13:17:43 18:35:42 VPD ESCOBEDO,ALEX5D23 13:17-58 18:35:41 20150101650 RPT 01/26/2015 13:19:09 DOLLAR EMPIRE Departmem OCA Number RMSJuris 20002R 4423 BANDINI BL,VERNON VPD CR20150173 CA0197300 VPD VILLEGAS,RICHA'2L9 13:20:51 13:21:19 14:29:55 VPD GAYTAN,LOREN221-11 14.01:08 14:37:39 01/2712015 05:03:5E Page 2 of 3 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA Is First Date: 01/26/2015 Jurisdiction: VERNON Last Date: 01/26/2015 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dcp Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Gump 20150101653 RPT 01/26/2015 14:20:48 VERNON CHAMBER OF COMMERCE Departmem OCA Number RMS Juris 594R 3801 S SANTA FE AV,VERNON VPD CR20150174 CA0197300 VPD REYNA,JOSE S '2L10 14:20:48 14:35:40 20150101664 VI 01/26/2015 16:02:45 LAPp RPT 20002 S ALAMEDA//VERNON AV,VERNON VPDartmeni CR20 50175 Number "S 97300 RPT VPD RAMOS,JOSE `2L12 16:02:46 16:04:00 16:56:45 VPD VILLEGAS,RICHA2L9 16:28:14 16:56:45 VPD ZAPIEN,DAVID 2S2 16:18:25 16:38:31 20150101679 RPT 01/26/2015 20:42:55 GTAR 4400 ALCOA AV.VERNON Departmem OCA Number RMS Jur0 VPD CR20150176 CA0197300 VPD ZOZAYA,OSCAR "1 L1 20:44:01 21:17:55 01/27/2016 05:03:5E Page 3 of 3 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 01/27/2015 Jurisdiction: VERNON Last Date: 01/27/2015 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20150101693 RPT 01/27/2015 03:20:26 K&M MEAT CO 484R 2443 E 27TH,VERNON Deparfinenl OCA Number RMS Juris VPD CR20150177 CA0197300 VPD ZOZAYA.OSCAR *1 L1 03:24:10 03:34:28 04:17-38 VPD SWINFORD,PHIL11L3 03:24:13 03.27:49 03:33:12 20150101699 VI 01/27/2015 07A0:36 TRAFFIC STOP DOWNEY RD/150TH.VERNON Departmem OCA Number RMS Juris CITE VPD CR20150178 CA0197300 RPT VPD GAYTAN,LOREN2*2L10 07:40:36 08-05:06 20150101703 VI 0112712015 08:16:13 CITE TRAFFIC STOP 3055 FRUITLAND AV,VERNON Departmem OCA Number RMS Juris VPD CR20150179 CA0197300 RPT VPD GAYTAN,LOREN2*2L10 D8.16:13 08:43:11 20150101730 VS 01/27/2015 11:52:53 VCK S BONNIE BEACH PL It BANDINI BL,VERNON Departmem OCA Number RMS Juris VPD CR20150180 CA0197300 VPD GAYTAN.LOREN2*2L10 11:52:53 12:21:57 20150101738 CITE 01/27/2415 1143:18 TRAFFIC STOP 5353 DOWNEY RD,VERNON Departmem OCA Number RMS Juris0 VI VPD CR20150181 CA01973300 RPT VPD GAYTAN.LORENZ*2L10 13:43:18 14.1039 20150101749 VREC 01/27/2015 15:07:20 LASO LOCATE 57TH 1!EVERETT, MAYWOOD 0112812015 05:04:4C Page 1 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 01/27/2015 Jurisdiction: VERNON Last Date: 01/27/2015 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20150101750 VI 01/27/2015 15:25:07 TRAFFIC STOP DOWNEY RD//50TH,VERNON DeDarlmem OCA Number RMS Juris VPD CR20150182 CA0197300 VPD GAYTAN,LORENZ"21-10 15:25:07 16:07:09 20150101752 VI 01/27/2015 16:07:00 TRAFFIC STOP 5899 DOWNEY RD,VERNON VPD R2 DeDarlmem CR2 Number RMS Juris 0150183 CA0197300 VPD GAYTAN,LOREN2`21-10 16:08:42 16:50:48 01/28/2015 05:04:41 Page 2 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Dale: 01/28/2015 Jurisdiction: VERNON Last Date: 01/28/2015 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Cump 20150101767 RPT 01/28/2015 06:20:58 AT&T MOBILITY 800 635 6840 4 Department OCA Number RMS Juris 901T S BOYLE AV//SLAUSON AV,VERNON VPD CR20150184 CA0197300 VPD VALENZUELA,FEI*1Lll 06:22:30 06:25:22 07:22:53 VPD DOCHERTYNICH1 L12 06:22:33 06:29:01 07:14:39 VPD 21-11 06:56:46 07:05:28 07:22:54 20150101774 VI 01/28/2015 08:29:59 MS JurA CITE TRAFFIC STOP DOWNEY RD//SLAUSON AV,VERNON DeDpartmeni CR20150 85 Number C 0 97300 RPT VPD GAYTAN,LORENZ*2L12 08:29:59 08:54:41 20150101782 CITE 01/28/2015 09:52:30 VI 586 E 27TH//SANTA FE AV,VERNON Departmen� CR2 Number RMS Jur0 VPD R20150186 CA0197300 RPT VPD GAYTAN,LORENZ*21-12 09:52:30 10:08:32 20150101785 1015 01/28/2015 10:14:02 FI FU 8905 S WESTERN AVE,LOS ANGELES SOW RPT VPD ENCINAS,ANTHO*5D35 10:14:02 15:12:43 VPD MARTINEZ,GABR5D31 10:14:43 15:12:44 VPD ONOPA,DANIEL 5D34 10:14:40 15:12:44 VPD CROSS,JEREMY 5D41 10:14:49 13:18:57 VPD GRAY,BRANDON DSAM 10:16:41 15:12:44 20150101786 RPT 01/28/2015 10:14:34 Vernon Elementary School PATCK 2360 E VERNON AV,VERNON 0112912015 05:08:2: Page 1 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA Is First Date: 01/28/2015 Jurisdiction: VERNON Last Date: 01/28/2015 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20150101786 RPT 01/28/2015 10:14:34 Vernon Elementary School PATCK 2360 E VERNON AV,VERNON VPD GAYTAN,LOREN2"2L12 10:19:19 10:31:24 10:40:33 20150101791 VI 01/28/2015 11:16:35 VCK E 57TH//SANTA FE AV,VERNON Departmem OCA Number RMS Juris VPD CR20150187 CA0197300 VPD GAYTAN,LORENZ"2L12 11:16:36 11:41:48 20150101796 CITE 01/28/2015 11:57:18 VI TRAFFIC STOP 4400 S SANTA FE AV,VERNON Deparlmem OCA Number RMS Juris VPD CR20150188 CA0197300 VPD GAYTAN,LOREN2'21-12 11:57:18 12:26:49 20150101824 VI 01/28/2015 18:16:25 TRAFFIC STOP E 55TH//SANTA FE AV,VERNON Deparlmem OCA Number RMS Juris VPD CR20150189 CA0197300 VPD GAYTAN,LOREN2'21-12 18:16:38 18:41:53 18:46:07 20150101827 1015 01/28/2015 19:18:05 LAPD METRO DETENTION WARRANT 180 N LOS ANGELES ST. LOS ANGELES VPD DOCHERTY,MICH`1 L1 19:19:31 19:19:32 19:50:36 21:05:10 0112912015 05:08:2,1 Page 2 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 01/29/2015 Jurisdiction: VERNON Last Date: 01/29/2015 Call Number Disp Ten Received Caller Code Complaint Address Unil Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20150101836 RPT 01/29/2015 01:45:20 CITE 1L2 TRAFFIC STOP 3300 E SLAUSON AV,VERNON DPDDarlmem CRC20 50 90er RMS 97300 VI VPD HERRERA,GUSTf"1 L2 01:45:20 02:17:23 VPD VALENZUELA,FEIIL3 01:45:27 01:51:59 02-17:23 20150101847 CITE 01/29/2015 08:01:15 TRAFFIC STOP E VERNON AV//FURLONG PL,VERNON Departmem OCA Number RMS Juris RPT VPD CR20150191 CA0197300 VI VPD GAYTAN,LORENZ"21-10 08:01:15 08:25:16 20150101856 CITE 01/29/2015 09:34:41 TRAFFIC STOP MAYWOOD AV//SLAUSON AV,VERNON Departmem OCA Number RMS Juris VI VPD CR20150192 CA0197300 RPT VPD GAYTAN,LORENZ*2L10 09:34:41 10:02:22 20150101865 CITE 01/29/2015 11 12:11 VCK S BONNIE BEACH PL//26TH,VERNON Departmem OCA Number RMS Juris VS VPD CR20150193 CA0197300 VPD GAYTAN,LOREN2*21-10 11:12:11 11:42:38 20150101888 REPO 01/29/2015 14:51:26 CIRCLE K Departmem OCA Number RMS Juris REPO 2575 S SANTA FE AV,VERNON VPD CR20150194 CA0197300 VPD RECORDS BURE/*RECD 14:56:31 15:24:38 20150101908 SRVD 01/29/2015 23:12:02 TRAFFIC STOP DOWNEY RD//VERNON AV,VERNON Departmem OCA Number RMS Juris DA VPD CR20150195 CA0197300 VOID 0113012015 04:40:5: Page 1 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 01/29/2015 Jurisdiction: VERNON Last Date: 01/29/2015 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20150101908 SRVD 01/29/2015 23:12:02 TRAFFIC STOP DOWNEY RD//VERNON AV.VERNON VPD OCA Number RMS Jur0 DA VPD CR20150195 CA0197300 VOID VPD VALENZUELA,FEI*1 L10 23:12:02 23:32:56 VPD LANDA,RAFAEL 11-11 23:12:44 23:15:13 23:32:57 20150101909 VI 01/29/2015 23:12:35 CITE TRAFFIC STOP PACIFIC BL//FRUITLAND AV,VERNON DeDpartmeni OCA 50 96 Number RM Juris 97300 VPD HERRERA,GUSTf'1L9 23:12:35 23:44:02 VPD VASQUEZ,LUIS 1 L12 23:12:41 23:13:51 23:31:33 0113012015 04:40:5.' Page 2 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 01/30/2015 Jurisdiction: VERNON Last Date: 01/30/2015 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20150101911 VI 01/30/2015 00:46:33 RPT TRAFFIC STOP E DISTRICT BL//DOWNEY RD,VERNON Departmem OCA Number RMS Juris VPD CR20150197 CA0197300 VPD HERRERA,GUST/*11-9 00:46:33 01:31:01 VPD LANDA,RAFAEL 11-11 00:46:36 00:49:09 01:31:01 20150101917 NRD 01/30/2015 05:49:52 UPS 21/30 2673 ROSS VERNON Departmem OCA Number RMS Juris RPT , VPD CR20150198 CA0197300 VPD VASQUEZ,LUIS *1 L12 05:52:30 05:52:31 05:57:37 07:05:54 VPD VALENZUELA,FE111-10 05:59:53 06:57:30 VPD LANDA,RAFAEL 1 L11 06:26:45 07:05:46 VPD HERRERA,GUST/1 L9 06:13:35 06:23:35 07:04:42 20150101924 VOID 01/30/2015 08:59:29 NOVATEX INTL ASST 594R 3170 E SLAUSON AV,VERNON Departmem VPD R2 CR2 Number RMS Juris 0150199 CA0197300 VPD CERDA,EUGENIO*2L8 09:00:55 09:00:55 09:10:24 09:03:18 10:44:26 VPD CHAVEZ,CELEST21-11 09:03:08 09:11:35 10:44:26 20150101927 REPO 01/30/2015 10:37:26 REPO 4505 BANDINI BL,VERNON Departmem OCA Number RMS Juris VPD CR20150200 CA0197300 VPD RECORDS BUREP'RECD 10:44:04 11:49:48 20150101928 RPT 01/30/2015 10:48:03 1721 GROUP Departmem OCA Number RMS Juris 459R 4700 S BOYLE AV,VERNON VPD CR20150201 CA0197300 VPD CERDA,PAUL,JR *21-12 10:48:58 10:48:59 11:05:34 12:18:58 20150101935 RPT 01/30/2015 13:47:10 SPRINT 866-398-3284 20002R 2424 E 26TH,VERNON Departmem Number RMS Juris CR2 VPD CR20150202 CA0197300 VPD CERDA,EUGENIO*2L8 13:49:26 13:49:26 13:57:27 14:34:39 0113112015 02:41:2E Page 1 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 01/30/2015 Jurisdiction: VERNON Last Date: 01130/2015 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20150101939 RPT 01/30/2015 15:06:37 CONTINENTAL VITAMIS 594R 4510 S BOYLE AV,VERNON Departmem OCA Number RMS Juris VPD CR20150203 CA0197300 VPD CHAVEZ,CELEST'2L11 15:08:20 15:08:21 15:26:42 16:00:31 20150101955 1015 01/30/2015 21:23-53 SPRINT 866-398-3284 WELCK DOWNEY RD//FRUITLAND AV,VERNON Department Number RMS Juris CR2 RPT VPD R20150204 CA0197300 VS VPD VALE NZUELA,FEI`1L9 21:26:13 21:28:51 22:22:53 VPD VASQUEZ.LUIS 1Al2 21:45:58 21-53:39 VPD HERRERA,GUSTf1L10 21:40:26 21:53:35 22:22:53 20150101956 1015 01/30/2015 21:48:06 PEDCK 3278 E 26TH,VERNON Departmem OCA Number RMS Juris VPD CR20150205 CA0197300 VPD SANTOS.DANIEL`1S1 21:48:06 23:38:24 VPD VASQUEZ.LUIS 1Al2 23:00:25 23:35:03 VPD HERRERA.GUSTEI L10 22:42:48 23:56:54 VPD HERNANDEZ.MIG1L11 21:48:14 21:53:30 r M38:16 01/31/2015 02:41:2f Page 2 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 01/31/2016 Jurisdiction: VERNON Last Date: 01/31/2015 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20150101966 VI 1Al2 01/31/2015 00:42:52 TRAFFIC STOP 3000 S SANTA FE AV,VERNON Departmem OCA Number RMS Juris CITE 1Al2 VPD CR20150206 CA0197300 RPT VPD VASQUEZ.LUIS '1Al2 00A2:52 01:35A3 VPD HERNANDEZ,MIG1 L11 00:48:08 00:49-04 20150101972 1015 01/31/2015 03:27:28 Departmem OCA Number RMS Juris PEDCK E 54TH 11 SANTA FE AV.VERNON RPT VPD CR20150207 CA0197300 VPD VALENZUELA,FEI'l L9 03:27.28 04:32 59 VPD VASQUEZ.LUIS 1Al2 03:27:56 03:31:00 04.4T46 VPD HERRERA,GUST11 L10 03:27:35 03:31:54 04:15:38 VPD PEREZ,NICK 1S1 03:53:59 05-07:16 20150102025 VI 01/31/2015 23:09:10 CITE TRAFFIC STOP DOWNEY RD//CHARTER,VERNON Departmem OCA Number RMS Juris VPD CR20150208 CA0197300 VPD CR20150209 CA0197300 VPD ZOZAYA,OSCARII'1A10 23:09:10 00:22:35 VPD DOCHERTY,MICH1Al2 23:10:25 00:06:13 VPD NEWTON,TODD1L1A9 23:09:29 23:16:02 23 22:33 02/01/2011 03:03:57 Page 1 of 1 f V RECEIVED RECF-IVE® FEB 0 3 2015 FEB 0 42015 Fr -� CITY ADMINISTRATI 'ftcr i,.n� CITY CLERK'S OFFICE STAFF REPORT PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT DATE: February 3,2015 TO: Honorable Mayor and City Council PREPARED BY: Anthony Zara A, .ermit Technician APPROVED BY: Samuel Kevin Wils n,Director of Public Works,Water&Development Services RE: MONTHLY BUILDING DEPARTMENT REPORT Enclosed herewith is the Monthly Building Report for the month of January 2015.Thank you. City of Vernon Building Department �°4•s., ��' Monthly Report-Prior Year Comparison -January, 2015 Type Value # of Permits Demolition $267,800.00 1 Electrical $557,918.00 18 Industrial -New $2,144,039.00 1 Industrial -Remodel $90,800.00 4 Mechanical $3,586,347.00 8 Miscellaneous Permit $1,157,500.00 16 Plumbing $152,700.00 6 Roofing $37,000.00 1 January 2015 TOTALS $7,994,104.00 55 PREVIOUS MONTHS TOTAL $0.00 0 YEAR TO DATE TOTAL $7,994,104.00 55 January 2014 TOTALS $2,421,174.00 52 PREVIOUS MONTHS TOTAL $0.00 0 PRIOR YEAR TO DATE TOTAL $2,421,174.00 52 Samuel Kevin Wilson Director of Public Works, Water& Development Services City of Vernon Q. ..w Building Department ' Major Projects for the Month of January 2015 Project Address Tenant Description Job Value Demolition 3200 Slauson Ave Complete demolition(100,000 sq.ft)of 267,800.00 APN 6310-027-023 existing warehouse structure and full removal for adjacent parking lot 1 Record(s) 5267,800.00 Industrial-New 3250 Saco St New 32,865 s.f.tilt up building. 2,144,039.00 APN 6302-010-003 1 Record(s) $2,144,039.00 Industrial-Remodel 5970 Alcoa Ave Ofi Markesa Interior office-TI modifications 50,000.00 APN 6310-027-039 5400 Alcoa Ave Rite-Way Meats Install two walls,ceiling&2 doors to 27,000.00 APN 6310-002-024 create office&QC lab 2 Record(s) S77,000.00 Miscellaneous Permit 4461 Santa Fe Ave Ann B Repair roof trusses 28,000.00 APN 6308-012-016 1925 Vernon Ave Verizon Wireless Installation of 12 antennae, 16 RRU's,6 90,000.00 APN 6302-017-052 raycaps,3 micro-wane dishes,5 equipment cabinets. 1 generator and 4 2717 Indiana St Exide Install new containment concrete floor 500,000.00 APN 5243-022-009 5970 Alcoa Ave Ofi Markesa New plant services canopy and slab 30,000.00 APN 6310-027-039 3840 26th St Command Packaging Fill in portion of loading docks and 25,000.00 APN 5192-030-001 construct a concrete equipment slab. 3375 Fruitland Ave City Of Vernon Brick repairs to fire station 41 38,900.00 APN 6303-027-900 3375 Fruitland Ave 170 ft monopole,(4)new equip.cabinets, 57,000.00 APN 6303-027-900 (6)new antennas,(3)new microwave antennas,new 22kw backup 2800 Soto St LA-RICS Install new equipment site for LA RICS: 57,000.00 APN 6303-004-801 New 70 ft.monopole,new(4)equipment cabinets,new(6)antennae, 2717 Indiana St Exide Foundations for Blast RTO2,Baghouse 180,000.00 APN 5243-022-009 and 200hp Fan 2522 37th St A'S Match Repair(1)exisiting glue lam(2)broker 20,000.00 APN 6302-020-038 purlins 2528 37th St Rancho Foods Reinforce(E)Beams&Purlins 30,000.00 APN 6302-020-038 4423 Fruitland Ave J R Frisco Inc. Replace concrete slab-diversion(weight) 75.000.00 APN 6304-026-009 totals shall be submitted to the city prio to final inspection. Page t of 2 Project Address Tenant Description Job Value 12 Record(s) $1,130,900.00 Roofing 4305 Santa Fe Ave City Of Vernon Re-roofing mechanical penthouse, 37.000 00 APN 6302-017-901 cs-0425 1 Record(s) $37,000.00 17 Permits Total Valuation: $3,656,739.00 5amuckk Wn Wilson Director of Public Works,Water&Development Services Page 2 of 2 CITY OF VERNON BUILDING DEPARTMENT NEW BUILDINGS FOR THE MONTH OF JANUARY 2015 Chalmers Equipment Group 3250 Saco St. Inside Redevelopment Area 32,865 sq. ft. Samuel Kev� san Director of Pub is Works, Water& Development Services CITY OF VERNON BUILDING DEPARTMENT DEMOLITION PERMITS MONTH OF JANUARY 2015 Imperial Real Estate Holdings 3200 Slauson Ave. Outside Redevelopment Area 100,000 sq. ft. 1 ' Samuel Kevin Wilson Director of Public Works, Water& Development Services CITY OF VERNON BUILDING DEPARTMENT STATUS OF CERTIFICATES OF OCCUPANCY REQUESTS MONTH OF JANUARY 2015 REQUEST FOR INSPECTION 24 APPROVED 6 PENDING 179 TEMPORARY OCCUPANCIES 21 A/ Samuel Kevin n Director of Public Works, Water& Development Services City of Vernon Certificate of Occupancy - Applications January 2015 Issued Permit No. Project Address Tenant Description Fees Paid Square Feet Certificate of Occupancy COO-003-759 4722 Everett Ave Ying Hun LLC Storage of art painting 689.00 38,440 APN 6304-025-005 COO-003-761 4801 Pacific Blvd Trigal Inc. Garment sewing 300 00 3.760 APN 6308-009-025 COO-003-762 5720 2nd St Edge Textile,Inc. Warehousing of textile 68900 7,895 APN 6308-019-031 COO-003-763 3620 Santa Fe Ave Anma,Inc. Garment sampling 30000 200 APN 6302-005-014 COO-003-764 5510 Soto St Rspringa Inc.Dba Groceries Apparel Garment manufacturing 689.00 13,000 APN 6309-026-019 COO-003-765 2833 Leonis Blvd Barrington Trading Inc.Dba Western Gourmet Foo Office use 300.00 22,909 APN 6303-022-004 COO-003-766 3420 Vernon Ave Americold Logistics Cold storage 689.00 19,195 APN 6303-007-026 COO-003-767 3817 Santa Fe Ave Crisara Inc.Dba Axxent Warehouse general merchandise 300.00 12,265 APN 6302-015-016 COO-003-768 5580 Alameda St H&N Group,Inc. Seafood distribution 300.00 73,216 APN 6308-017-039 COO-003-769 3130 Leonis Blvd Hard Tail Garment sample,design and patten making 300.00 1,200 APN 6303-025-009 COO-003-770 4224 District Blvd E N K Apparel,Inc. Manufacturing garment,silk and screen printing 689.00 10,000 APN 6304-027-015 02/02/2015 1:59 pm Page 1 of 2 Q:\VernonPermits\VERN_IstPermits_CofO rpt Issued Permit No. Project Address Tenant Description Fees Paid Square Feet COO-003-771 2936 46th St Morning Star Otc Office use 30000 300 APN 6303-022-010 COO-003-772 2936 46th St I.T Daniel Office medicine distribution 300.00 200 APN 6303-022-010 COO-003-773 2615 Fruitland Ave Sweetrain Apparel,Inc. Warehouse apparel 815.00 57,000 APN 6308-003-014 COO-003-774 4501 50th St Integrity Inc. Garment cutting service 689.00 20.000 APN 6303-026-001 COO-003-775 4501 50th St Y N T J,Inc. Garment manufacturing 689.00 20,000 APN 6304-017-011 COO-003-776 4641 Hampton St Ntusa Inc. Freight terminal-general merchandise 689.00 8.025 APN 6308-009-018 COO-003-778 5770 Anderson St New Clothing Co LLC Light manufacturing 689.00 10.000 APN 6308-019-020 COO-003-779 2325 55th St Saber Realty Advisors Quote update 815.00 63,000 APN 6308-016-053 COO-003-780 4533 Pacific Blvd Monique Lhuiller Inc. Manufacturing women's clothing 689.00 44.974 APN 6308-008-025 COO-003-781 2640 26th St Entry Inc. Garment manufacturing 689.00 39,836 APN 6302-001-028 COO-003-782 4827 49th St Nooree Fancy,Inc. Import general merchandise 689.00 15,584 APN 6304-014-003 COO-003-783 2957 46th St Q F X Inc. Warehouse consumer electronics 940.00 131,000 APN 6303-014-012 COO-003-784 3824 Santa Fe Ave Gallardo's Southern California Wholesale Meats Office use 30000 100 APN 6302-018-015 24 Record(s) Totals for Certificate of Occupancy: $13,538.00 612,099 24 Permits Total Fees Paid: $13,538.00 Total Valuation: $0.00 02/02/2015 1:59 pm Page 2 of 2 Q:1VemonPermits%VERN IslPerrnits_CofO rpt City of Vernon Certificate of Occupancy - Issued January 2015 Issued Permit No. Project Address Tenant Description Fees Paid Square Feet Certificate of Occupancy 01/15/2015 COO-003-709 2720 26th St J&M Trailer Repair Trailer repair 300.00 150 APN 6302-001-042 01/22/2015 COO-003-525 2025 27th St LA Main Connection,Inc. Manufacturing of garments 230.00 15,887 APN 6302-009-032 01/26/2015 COO-003-182 1942 46th St Legend Apparel,LLC Warehousing of garments 200.00 5,000 APN 6308-014-032 01/27/2015 COO-002-908 5124 Pacific Blvd Jump Clothing Inc.Dba SweetRain Apparel,Inc. Warehousing of textiles and design area 230.00 15,940 APN 6308-003-012 01/27/2015 COO-003-687 4626 Pacific Blvd Isaiah 2222 Warehousing of general merchandise 200.00 5,000 APN 6308-004-010 01/27/2015 COO-003-721 4700 48th St Fabis Manufacturing of garments/cutting 300.00 2,079 APN 6304-015-007 6 Record(s) Totals for Certificate of Occupancy: $1,460.00 44,056 6 Permits Total Fees Paid: $1,460.00 Total Valuation: $0.00 02/02/2015 V36 pm �m Page 1 of 1 Q:\VemonPennits%VERN_IstPennits_CofO rpt RECEIVED 0 r�R FEB 0 9 2015 RECEIVED "�r CITY ADMINISTRATION FEB 10 2015 t� .'„9JyS CITY CLERK'S OFFICE STAFF REPORT PUBLIC WORKS, WATER AND DEVELOPMENT SERVICE DATE: February 17,2015 TO: Honorable Mayor and City Council PREPARED BY: Vincent A.Rodriguez,Public Works Project Coordinator APPROVED BY: Samuel Kevin Wilson,tirector of Public Works, Water and Development Services RE: Acceptance of Work of Ramona Inc. Company regarding Contract No. CS- 0421—55th Street Storm Drain Improvements Project. Recommendation It is recommended that the City Council: 1. Affirm that accepting the work of Ramona Inc. Company, for the 55t' Street Storm Drain Improvements Project, Contract No. CS-0421, is categorically exempt under the California Environmental Quality Act(CEQA) in accordance with CEQA Guidelines Section 15303,New Construction or Conversion of Small Structures, part(d), because the project is merely to construct a new storm drain system that would result in no permanent effects on the environment; and 2. Accept the work of Ramona Inc. Company,as part of the 55t'Street Storm Drain Improvements Project,Contract No. CS-0421. Background On May 20,2014,the Public Works,Water and Development Services Department obtained City Council approval to advertise for bids for the installation of approximately 1,400 feet of 24", 30", and 36" storm drain on 55th Street from Santa Fe Avenue to Alameda Street. The project alignment began at the intersection of 55th Street and Alameda Street where it connected to the existing Los Angeles County Flood Control District Stormwater System. Construction included 6 new maintenance manholes and 6 new catch basins along the alignment as part of the project. The work has been completed in accordance with the project specifications and it is recommended that the work be accepted. Fiscal Impact On July 1, 2014, the "551h Street Storm Drain Improvements Project(Contract CS-0421)" was awarded to Ramona Inc. Company for an estimated amount of$628,390.00. There were two Change Orders approved on this project. Change Order No. 1 was for a change initiated by the Los Angeles County Flood Control District (LACFDC)to change the design of the proposed connection to their mainline. This resulted in a credit of$ 11,002.00. Change Order No. 2 was for unforeseen conditions found during the construction phase that resulted in extra work that was necessary for our Contactor to complete the installation of the storm drain mainline. Total cost for the extra work was $ 21,954.73. In addition to the change order conditions,there was additional work completed under contract Bid Item work due to the unforeseen conditions. Total costs for the additional bid item work was $ 16,030.00. Therefore, total cost of Change Order No. 2 is $ 37,984.73. Since Change Order No. 1 was a credit, the total Change Order for the project was $26,982.73 for a final project total amount of$655,372.73. There was a project contingency cost of$75,000.00. It is recommended that the project be accepted and that the five percent(5%) retention of$32,683.64 be paid thirty-five (35) days after the recordation of the Notice of Completion, except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the contract to be further retained. Recording Requested By City of Vernon,Public Works,Water and Development Fee Waived Pursuant To Govt.Code 6103 When Recorded Mail To: City Clerk 4305 Santa Fe Avenue Vernon,CA.90058 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE NOTICE OF COMPLETION NOTICE OF COMPLETION IS HEREBY GIVEN that 1. The City of Vernon,whose address is 4305 Santa Fe Avenue, Vernon, California, as Owner of the public work of improvement known as the 55`h Street Storm Drain Improvements Project, located on 55`h Street as improved in accordance with Contract No. CS-0421 between Ramona Inc. Company whose address is: 302 N.First Avenue,Suite#1,Arcadia,California 91006 as CONTRACTOR, and the PUBLIC WORKS, WATER AND DEVELOPMENT DEPARTMENT of the City of Vernon for the following work,to wit: Furnish all transportation, equipment,materials, labor, supplies and services necessary for the installation of 1,400 feet of 24",30",and 36" RCP storm drain on 55th Street from Santa Fe Avenue to Alameda Street. The project alignment began at the intersection of 55th Street and Alameda Street where it connected to the existing Los Angeles County Flood Control District Stormwater System. Construction included 6 new maintenance manholes and 6 new catch basins along the alignment,as described within the project specifications. 2. Notice is given that the Work of Contract No.CS-0421, as amended by Owner-approved changes, if any,was completed on December 24,2014, provided, however,this notice does not alter the responsibility of the Contractor for any failure to comply with the requirements of the Contract Documents including, but not limited to, Contractor's liability for any unauthorized or non-conforming work and does not constitute acceptance of any disputed claims. This notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. Dated: PUBLIC WORKS, W R AND DEVELOPMENT CITY OF VERN N ATTEST: BY: ` S-amu in Wilson, P.E. Director of Public Works, Water and Development Services Ana Barcia, Deputy City Clerk VERIFICATION I, Samuel Kevin Wilson,Director of Public Works,Water and Development Services,state that I am an officer of the City of Vernon,to wit:Director of Public Works, Water and Development Services; that I have read the foregoing Notice of Completion and know the contents thereof and that the same is true of my own knowledge,except as to the matters which are therein stated on information or belief,and as to those matters I believe them to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true correct.Executed in the City of Vernon on the above stated date. Approved as to Form: Safy6e! revin Wilson, P.E. Director of Community Services & Water Hema Patel City Attorney o�R� ` RECEIVED FEB 10 2015 REOFAVE® CITY ADMINISTRATION FEB 1 1 2015 STAFF REPORT CITY CLERK'S OFFICE FIRE DEPARTMENT DATE: February 17,2015 TO: Honorable Mayor and City Council FROM: Michael A. Wilson, Fire Chief 4�� RE: Approval of a Notice Inviting Bids for a Fire Department Training Facility Contractor It is recommended that the City Council: 1. Find that approval of the Notice Inviting Bids proposed 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 since the City is only taking an administrative action to approve the Notice Inviting Bids. 2. Approve the Notice Inviting Bids for a Fire Department Training Facility Contractor in substantially the same form as submitted herewith. Background On November 18, 2014, the City Council of the City of Vernon adopted Resolution No. 2014-71 approving the City's participation in the 2013 Homeland Security Grant Program ("2013 HSGP Grant"). The awarded HSGP Grant funds will be applied towards the construction of a modular training center in the rear of Fire Station No. 1. The new training center will consist of various modular props and various training areas. The Department is seeking approval to begin the process of selecting a fire department training facility contractor who will be responsible for designing, providing and installing the modular training props. The fire department training facility contractor will be responsible for the structural, mechanical and architectural design of the modular units. Preparation for the site will be completed by a separate contractor. Fiscal Impact The projected total cost of the fire department training facility will be an estimated cost of $800,000.00. Funds to pay for the training facility will come from several grants and will be installed in several phases. Phase I will consist of the $200,000 funded by the 2013 HSGP Grant. Phases II and III will be funded through the 2014 HSGP Grant at $300,000 and the 2014 Urban Security Initiative Grant Program at $300,000. All three grants are 100% reimbursable and there are no cost-share or match requirements to the City. BID FORM AND PROJECT SPECIFIACTIONS FOR FIRE DEPARTMENT TRAINING FACILITY CONTRACTOR IN THE CITY OF VERNON, CALIFORNIA 0 F V � GF461r0 Bak 8 '7 7 • 1g�5 � �� Gs��FLr iN pvs Bid Opening Date: March 19, 2015—3:00 p.m. CITY OF VERNON FIRE DEPARTMENT 4305 SANTA FE AVENUE VERNON, CA 90058 (323)583-8811 TABLE OF CONTENTS PAGE NOTICE INVITING BIDS...................................................................................................................NIB-1 BIDDER'S PROPOSAL.........................................................................................................................BP-1 PART I....................................................................................................INSTRUCTIONS TO BIDDERS I-1 GENERAL INSTRUCTIONS..............................................................................................................I-1 I-1.01 General Bid Requirements ..............................................................................................1-1 I-1.02 Bidder's Guarantee..........................................................................................................1-1 I-1.03 Bidder Must Make Thorough Investigation.....................................................................I-1 I-1.04 Acceptance of Conditions................................................................................................1-1 I-1.05 Truth and Accuracy of Representation............................................................................I-1 I-1.06 City Changes to the Bid Documents................................................................................1-1 I-1.07 Notice Regarding Disclosure of Contents of Document..................................................1-1 1-1.08 Award of Bid and Determination of Responsiveness......................................................I-2 I-1.09 Ineligibility to Contract....................................................................................................I-2 I-1.10 Errors and Omissions......................................................................................................I-2 I-1.11 Patent Fees; Patent, Copyright, Trade Secret and Trademark Fees.................................I-2 I-1.12 Taxes...............................................................................................................................1-2 I-1.13 Local Bidders; Refund of Sales and Use Tax..................................................................1-2 I-1.14 Indemnity in the Event of Bid Dispute............................................................................1-2 I-2 SPECIAL CITY REQUIREMENTS....................................................................................................I-3 I-2.01 Equal Employment Opportunity in Contracting..............................................................I-3 I-2.01.1 Policy...............................................................................................................................I-3 I-2.01.2 Compliance......................................................................................................................1-3 I-2.01.3 Required Forms...............................................................................................................1-3 1-2.02 Affidavit of Non-Collusion by Bidder.............................................................................I-3 1-2.03 Vernon Living Wage Ordinance......................................................................................1-3 1-2.04 Stormwater Management and Discharge Control............................................................I-3 I-2.04.1 NPDES Requirements.....................................................................................................I-3 I-3 GENERAL SPECIFICATIONS...........................................................................................................1-4 I-3.01 Bid Proposal Quantities....................................................................................................1-4 13.02 Registration and Qualifications of Contractors.................................................................1-4 I-3.03 Standard Specifications....................................................................................................I-4 13.04 Subcontracts .....................................................................................................................I-4 1-3.05 Non-Discrimination..........................................................................................................I-4 13.06 Protection of Existing Facilities........................................................................................I-5 I-3.07 Contract Bonds.................................................................................................................I-5 I-3.08 Termination of Contract...................................................................................................1-5 I-3.09 Liability Insurance............................................................................................................1-5 I-3.10 Partial Payment.................................................................................................................I-5 I-3.11 Security Deposits in Lieu of Retention.............................................................................I-5 I-3.12 Worker's Compensation Certification..............................................................................I-5 I-3.13 Sample Contract...............................................................................................................I-5 I-3.14 Special Conditions-Prevailing Wages and Employment of Apprentices........................I-5 1-3.15 Notice to Contractor.........................................................................................................I-6 Attachment to Part I-Special Conditions..................................................................................................I-7 Exhibit A-Living Wage Provisions........................................................................................................1-13 I-4 DBE INFORMATION.......................................................................................................................I-14 Notice to Bidders DBE Information.............................................................................................I-14 Federal Highway Administration Requirement, Certification and Disclosure Forms..................I-15 Section 14, Federal Requirements(Exhibit 12-E, Attachment A, FR-1 &FR-2)........................I-19 Equal Employment Opportunity Certification(Exhibit 12-E,Attachment C).............................I-21 Public Contract Codes(Statements and Questionnaire)...............................................................I-22 Non-collusion Affidavit(Exhibit 12-E, Attachment D)...............................................................I-24 Debarment and Suspension Certification(Exhibit 12-E, Attachment E).....................................I-25 Non-lobbying Certification for Federal-Aid Contracts(Exhibit 12-E, Attachment F) ................I-26 Disclosure of Lobbying Activities(Exhibit 12-E,Attachment G)...............................................I-27 Article I, Section 2,Bid/Proposal Requirements(Exhibit 12-E, Attachment H).........................I-30 Bidder's List of Subcontractors(DBE and NON-DBE)(Exhibit 12-B)......................................I-34 Local Agency Bidder DBE Commitment-Construction Contract(Exhibit 15-G)........................I-36 DBE Information—Good Faith Efforts(Exhibit 15-H)...............................................................I41 5-1.4 Subcontracting(Exhibit 12-E, Attachment L)....................................................................I-44 Final Report-Utilization of DBE, First-Tier Subcontractors(Exhibit 17-17) ................................I-45 Disadvantaged Business Enterprises(DBE)Certification Status Change(Exhibit 17-0)...........I-47 Data Universal Numbering System(D-U-N-S)Number..............................................................I-49 PART II.................................................SPECIAL PROVISIONS—SPECIFIC FOR THIS PROJECT H-1.01 Scope of Work.............................................................................................................II-1 II-1.02 Length of Contract.......................................................................................................II-1 11-1.03 Specifications...............................................................................................................II-1 11-1.04 Delays and Extensions of Time....................................................................................II-1 II-1.05 Quality of Work...........................................................................................................II-2 U-1.06 Liquidated Damages.....................................................................................................II-2 II-2.01 Scheduling of Work.....................................................................................................II-2 II-2.02 Construction Hours......................................................................................................II-2 II-3.01 Phasing of Work...........................................................................................................II-2 II-3.02 Traffic Requirements....................................................................................................II-2 U-4.01 Extra Work...................................................................................................................II-2 II-4.02 Compliance with Laws,Regulations, and Safe Practices.............................................II-3 II-5.01 Noise Restrictions........................................................................................................II-3 11-6.01 Construction Order of Work.........................................................................................II-3 II-7.01 Character of Workers...................................................................................................II-3 II-8.01 Examination of the Site................................................................................................II-3 U-9.01 Mobilization.................................................................................................................II-4 II-10.01 Dust Control.................................................................................................................I1-4 II-11.01 Cleaning of Site During Construction..........................................................................II-4 II-12.01 Final Cleaning of Site and Restoration.........................................................................II-4 II-13.01 Sanitary Facilities.........................................................................................................II-4 II-14.01 Best Management Practices(BMP)..............................................................................II-4 II-15.01 Protection of the Public................................................................................................II-4 PART III..................................................................DETAILED REQUIRMENTS/SPECIFICATIONS III-1.01 Vendor Pre-Qualifications..........................................................................................III-1 III-1.02 Training Facility General Requirements.....................................................................III-2 III-1.03 Training Facility Specifications..................................................................................III-4 APPENDIX A—Forms to be Completed by Bidder APPENDIX B—Sample Contract APPENDIX C—Drug-Free Workplace Act Requirements Standard Insurance Requirements Federal Minimum Wage Rate Quality Assurance Pm am(OAP) NOTICE INVITING BIDS For FIRE DEPARTMENT TRAINING FACILITY CONTRACTOR in the City of Vernon, California Sealed bids will be received prior to 3:00 p.m., March 19, 2015, by the City Clerk of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058, for a Fire Department Training Facility Contractor. Mail sufficiently early or deliver in person before 3:00 p.m.on the day listed in the Notice Inviting Bids.Bids must be received in the City Clerk's Office before that time.NO LATE BIDS WILL BE ACCEPTED. Copies of the Plans and Specifications are available at no charge at the Fire Administration Department Counter,City of Vernon,4305 Santa Fe Avenue,Vernon,between the hours of 7 a.m.and 5:30 p.m.Monday through Thursday.A non-refundable fee of$20.00 will be charged if mailing is requested by calling(323) 583-8811 ext. 280. Each bidder must hold an active State of California Class B License,except as to joint venture Bidders,who shall be licensed as provided in the Business and Professions Code §§ 7029.1 and 7028.15(c). Workers shall have the appropriate special certification, if applicable. Each subcontractor,under the prime bidder,must hold an active subcontractor's license corresponding to the type of work the subcontractor is performing. Each subcontractor may only perform the type of work corresponding to the active license. All bids must be accompanied by bids security in the amount of ten percent(10%)of the bid prices, in the form of cash, cashier's check,money order, or surety bond. Federal Project The work herein proposed will be financed in whole or in part with Federal funds,and therefore all of the statutes, rules and regulations promulgated by the Federal Government and applicable to work financed in whole or in part with Federal funds will apply to such work. General Scope of Work Refer to the Specifications for complete details and bid requirements. Specifications and this notice shall be considered a part of any contract made pursuant thereto. Mark Whitworth City Administrator Dated: (Authorized by City Attorney) Published: NIB-1 BIDDER'S PROPOSAL FOR FIRE DEPARTMENT TRAINING FACILITY CONTRACTOR in the City of Vernon, California Bid Opening: 3:00 p.m., March 19, 2015, 4305 Santa Fe Avenue, City Clerk's Office, Vernon To the Honorable City Council of the City of Vernon, California In response to the Notice Inviting Bids for a Fire Department Training Facility Contractor the undersigned bidder proposes to the City of Vernon all labor, materials, methods and processes,tools implements and machinery which are necessary and required for the performance of the work mentioned in said Notice Inviting Bids in accordance with the Specifications therein referred to at the prices listed on page BP-2. Each bidder must bid on the items shown in the Bidder's Proposal. If any bidder makes any alteration, interlineation or deviation in any of the printed matter of the proposal or if the signature of the bidder is incomplete,the bid will be considered informal and may be rejected. The price bid shall include any and all charges required under the California Retail Sales Act of 1933 as amended and the California Use Tax Act of 1935. In case of a discrepancy between the unit prices and items totals,the unit prices shall prevail,and in the case of a discrepancy between item totals and the grand total,the item totals shall prevail. The grand total will be subject to adjustment by the City in the event of a discrepancy. The contract award shall be made on the basis of the grand total as described about from among responsive and responsible bidders. Based on the bids received and the City's budget at the time of contract award,the City reserves the right to delete items or to change quantities of bid items. BP-1 BIDDER'S PROPOSAL FOR FIRE DEPARTMENT TRAINING FACILITY CONTRACTOR ITEM NO. DESCRIPTION Total Cost 1 FURNISH AND INSTALL ONE(1)HAZ-MAT AND USAR MOBILE TRAINING FACILTY TOTAL$ (Also,enter Total at top of page BP-3) If there is a discrepancy between(1)the"Total"shown immediately above,(2)any of the"total costs"shown in the far right column above, or(3)the individual Unit Price,then the Unit price shall control over the total cost, and the total cost shall control over the total. If,however,the unit price is ambiguous,unintelligible, or uncertain for any cause, or is omitted, or is the same amount as the entry for the item total,then the item total shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. BP-2 GRAND TOTAL$ 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 180 (one-hundred-eighty)calendar days 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: PLEASE SEE PART I SECTION 2.01.3 REQUIRED FORMS. Bidder shall execute the following(Appendix "A"): 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. Certificate of Equal Opportunity Practices FORMS AA-1,2,3 The Bidder declares that neither he/she nor any member of his/her furn or corporation is an officer 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. California Corporation No. BP-3 PART I INSTRUCTIONS TO BIDDERS PART I INSTRUCTIONS TO BIDDERS I-1 GENERAL INSTRUCTIONS I-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. I-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. I-1.03 Bidder Must Make Thorough InvestiEation-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. I-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. I-1.05 Truth and Accuracy of Representation-False,incomplete or unresponsive statements in connection with the bid may be sufficient cause for rejection of a Bidder. I-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, 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. I-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 1-1 INSTRUCTION TO BIDDERS 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. I-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(in no particular order): 1-1.08.1 The quality of the material offered; 1-1.08.2 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. The City reserves the right to be the sole and exclusive judge of quality,compliance with bid requirements,and all other matters pertaining to this bid. 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 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. I-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. I-1.11 Patent Fees; Patent, CopyriEht, 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. I-1.12 Taxes -Price bid shall include all federal, state, local, and other taxes. I-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-1.14 Indemnity in the Event of Bid Dispute-In the event of a bid dispute based upon the bidder's submission of this bid and the City's acceptance of same,the bidder will be required to indemnify,defend and hold harmless at its expense,including the provision of legal counsel,the City,its agents,employees and officers from liability,claims, demands, damages and costs if such dispute or action arises solely upon the award of the bid in compliance with State, Federal and local laws. I-2 INSTRUCTION TO BIDDERS 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. I-2.01 Equal Employment Opportunity in Contracting I-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-2.01.2 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. I-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. I-2.02 Affidavit ofNon-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." I-2.03 Vernon Living Wage Ordinance-This contract is subject to the Bidder,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"A". Upon request,certified payroll shall be provided to the City. I-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. I-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. 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. 1-3 INSTRUCTION TO BIDDERS 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 I-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. I-3.02 Registration and Oualifications 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. I-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"), including Supplements, prepared and promulgated by Public Works Standards, Inc., a mutual benefit corporation. I-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 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.gov/dlse/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 14 INSTRUCTION TO BIDDERS 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. I-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. I-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 days 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. 1-3.9 Liability Insurance-Evidence of insurance coverages shall be provided in the manner specified in Section 7.13 Insurance of the City's Sample Contract,Appendix B. I-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. I-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. I-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." I-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 I-5 INSTRUCTION TO BIDDERS 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 subcontractors shall pay not less than the highest wage rate. I-3.15 Notice to Contractor—City shall promptly inform Contractor of any third party claims related to this Contract. 1-6 INSTRUCTION TO BIDDERS 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/DWS&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(P/z) 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 1-7 INSTRUCTION TO BIDDERS 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 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 tradesworkers 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 1-9 INSTRUCTION TO BIDDERS 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 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 day's 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(1'/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 1-9 INSTRUCTION TO BIDDERS employed by the Contractor is not less than one and one-half(1'/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. J. 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 Code §1813. 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 1-10 INSTRUCTION TO BIDDERS 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 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 1-I 1 INSTRUCTION TO BIDDERS 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. 5. 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. 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. 1-12 INSTRUCTION TO BIDDERS EXHIBIT A 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-13 INSTRUCTION TO BIDDERS Local Assistance Procedures Manual EXHBIT 10-I Notice to Bidders DBE Information EXHIBIT 10-I NOTICE TO BIDDERS DBE INFORMATION The City of Vernon has established a DBE goal for this Contract of zero percent. However, proposers are encouraged to obtain DBE participation for this contract. 1. TERMS AS USED IN THIS DOCUMENT • The term"Disadvantaged Business Enterprise"or"DBE"means a for-profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Part 26.5, Code of Federal Regulations(CFR). • The term"Agreement"also means "Contract." • Agency also means the local entity entering into this contract with the Contractor or Consultant. • The term"Small Business"or"SB"is as defined in 49 CFR 26.65. 2. AUTHORITY AND RESPONSIBH,ITY A. DBEs and other small businesses are strongly encouraged to participate in the performance of Agreements financed in whole or in part with federal funds(See 49 CFR 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs"). The Contractor should ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The bidder shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. B. Bidders are encouraged to use services offered by financial institutions owned and controlled by DBEs. 1-14 INSTRUCTION TO BIDDERS Local Assistance Procedures Manual EXHBIT 10-I Notice to Bidders DBE Information 3. SUBMISSION OF DBE INFORMATION All DBE documentation must be submitted for the successful bidder to be considered responsive.The folowing sections in the contact specifications for all the required DBE submittals: Bidder's List of Subcontractors(DBE and NON-DBE) (Exhibit 12-B) Local Agency Bidder DBE Commitment-Construction Contract(Exhibit 15-G) DBE Information—Good Faith Efforts(Exhibit 15-H) Final Report-Utilization of DBE,First-Tier Subcontractors(Exhibit 17-F) Disadvantaged Business Enterprises(DBE) Certification Status Change(Exhibit 17-0) 4. DBE PARTICIPATION GENERAL INFORMATION It is the bidder's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department's DBE program developed pursuant to the regulations. Particular attention is directed to the following: A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program(CUCP). B. A certified DBE may participate as a prime contractor, subcontractor,joint venture partner,as a vendor of material or supplies, or as a trucking company. C. A DBE bidder not bidding as a joint venture with a non-DBE,will be required to document one or a combination of the following: 1.The bidder is a DBE and will meet the goal by performing work with its own forces. 2. The bidder will meet the goal through work performed by DBE subcontractors, suppliers or trucking companies. 3.The bidder,prior to bidding,made adequate good faith efforts to meet the goal. D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing,managing, and supervising the work with its own forces.The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest. E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing,managing and supervising the work. F. The bidder shall list only one subcontractor for each portion of work as defined in their bid and all DBE subcontractors should be listed in the bid/cost bid list of subcontractors. G. A prime contractor who is a certified DBE is eligible to claim all of the work in the Agreement toward the DBE participation except that portion of the work to be performed by non-DBE subcontractors. 1-15 INSTRUCTION TO BIDDERS Local Assistance Procedures Manual EXHBIT 10-I Notice to Bidders DBE Information 5. RESOURCES A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If you believe a firm is certified that cannot be located on the database,please contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance. B. Access the CUCP database from the Department of Transportation,Civil Rights,Business Enterprise Program web site at: http://www.dot.ca.gov/hq/bep/. • Click on the link in the left menu titled Disadvantaged Business Enterprise • Click on Search for a DBE Firm link • Click on Access to the DBE Query Form located on the first line in the center of the page • Searches can be performed by one or more criteria • Follow instructions on the screen C. How to Obtain a List of Certified DBEs without Internet Access: DBE Directory-If you do not have Internet access, Caltrans also publishes a directory of certified DBE firms extracted from the online database.A copy of the directory of certified DBEs may be ordered from the Caltrans Publications Unit at(916)263-0822, 1900 Royal Oaks Drive, Sacramento,CA 95815-3800. 6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE DBE GOAL UNDER THE FOLLOWING CONDITIONS: A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory,or establishment that produces on the premises the materials, supplies,articles,or equipment required under the Agreement and of the general character described by the specifications. B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns,operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Agreement are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer,the firm must be an established,regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel,cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section. 1-15 INSTRUCTION TO BIDDERS Local Assistance Procedures Manual EXHBIT 10-J Sytandard Agreement for Subcontratcors/DBE Participation C. If the person both owns and operates distribution equipment for the products,any supplementing of regular dealers' own distribution equipment shall be,by a long-term lease agreement and not an ad hoc or Agreement-by-Agreement basis.Packagers,brokers, manufacturers' representatives,or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section. D. Materials or supplies purchased from a DBE,which is neither a manufacturer nor a regular dealer,will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site,provided the fees are reasonable and not excessive as compared with fees charged for similar services. 1-17 INSTRUCTION TO BIDDERS 12. FEDERAL HIGHWAY ADMINISTRATION REOUIREMENT CERTIFICATION AND DISCLOSURE FORMS All section references found in C-10 to C-3 8 are contained in the Caltrans Local Assistance Procedures Manual, available at htlp://www.dot.ca.gov/hq/Local Programs/lam/l!qpm.htm 1-18 INSTRUCTION TO BIDDERS Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment A SECTION 14. FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS GENERAL.—The work herein proposed will be financed in whole or in part with Federal funds, and therefore all of the (This form need not be filled in if all joint venture firms are statutes, rules and regulations promulgated by the Federal Gov- DBE owned.) ernment and applicable to work financed in whole or in part with Federal funds will apply to such work. The "Required Contract Provisions, Federal-Aid Construction Contracts, "Form FHWA 1.Name of joint venture 1273, are included in this Section 14. Whenever in said required contract provisions references are made to "SHA contracting officer," "SHA resident engineer," or"authorized representative of the SHA," such references shall be construed to mean "Engineer" 2.Address of joint venture as defined in Section 1-1.18 of the Standard Specifications. PERFORMANCE OF PREVIOUS CONTRACT.—In ad- dition to the provisions in Section II, "Nondiscrimination," and 3.Phone number of joint venture Section VII, "Subletting or Assigning the Contract," of the re- quired contract provisions, the Contractor shall comply with the following: 4.Identify the firms which comprise the joint venture. (The The bidder shall execute the CERTIFICATION WITH RE- GARD TO THE PERFORMANCE OF PREVIOUS CON- DBE partner must complete Schedule A.) TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF _ REQUIRED REPORTS located in the bid/proposal. No request for subletting or assigning any portion of the contract in excess of$10,000 will be considered under the provisions of Section VII of the required contract provisions unless such request is a. Describe the role of the DBE firm in the joint venture. accompanied by the CERTIFICATION referred to above, executed by the proposed subcontractor. NON-COLLUSION PROVISION.—The provisions in this b.Describe very briefly the experience and business section are applicable to all contracts except contracts for Federal Aid Secondary projects. qualifications of each non-DBE joint venturer: Title 23, United States Code, Section 112, requires as a condi- tion precedent to approval by the Federal Highway Administrator of the contract for this work that each bidder file a sworn statement executed by, or on behalf of, the person, firm, association, or corporation to whom such contract is to be awarded,certifying that such person, firm, association, or corporation has not, either 5.Nature of the joint venture's business directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. A form to make the non-collusion affidavit statement required by Section 6.Provide a copy of the joint venture agreement. 112 as a certification under penalty of perjury rather than as a sworn statement as permitted by 28,USC,Sec. 1746,is included in 7.What is the claimed percentage of DBE ownership? the bid/proposal. PARTICIPATION BY DISADVANTAGED BUSINESS EN- TERPRISES IN SUBCONTRACTING.—Part 26, Title 49, 8.Ownership of joint venture: (This need not be filled in if Code of Federal Regulations applies to this Federal-aid project. Pertinent sections of said Code are incorporated in part or in its described in the joint venture agreement, provided by question entirety within other sections of these special provisions. Schedule B—Information for Determining Joint Venture Eli- gibility Revised 3-95 08-07-95 FR-1 1-19 INSTRUCTION TO BIDDERS EXHIBIT 12-E Local Assistance Procedures Manual Attachment A PS&E Checklist Instructions a.Profit and loss sharing. ..................................................................................................... b.Capital contributions,including equipment. Name of Firm Name of Firm c.Other applicable ownership interests. ..................................................................................................... 9.Control of and participation in this contract. Identify by Signature Signature name,race,sex,and"firm"those individuals(and their titles) who are responsible for day-to-day management and policy .................................................................................................... decision making, including, but not limited to, those with Name Name prime responsibility for: ..................................................................................................... Title Title a.Financial decisions .........................................................................I........................... Date Date b.Management decisions,such as: Date 1. Estimating State of County of 2.Marketing and sales _ On this day of 19 _, before me 3. Hiring and firing of management personnel appeared (Name) to me personally known, who, being duly sworn, did execute the foregoing affi- 4.Purchasing of major items or supplies davit, and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and deed. c. Supervision of field operations Notary Public Commission expires Nate.—If,after filing this Schedule B and before the comple- tion of the joint venture's work on the contract covered by this [Seal] regulation, there is any significant change in the information submitted, the joint venture must inform the grantee, either di- Date rectly or through the prime contractor if the joint venture is a subcontractor. State of Affidavit County of "The undersigned swear that the foregoing statements are cor- On this _ day of 19 before me rect and include all material information necessary to identify and explain the terms and operation of our joint venture and the appeared(Name) to me personally known, intended participation by each joint venturer in the undertaking. Further, the undersigned covenant and agree to provide to who,being duly sworn, did execute the foregoing affidavit, and grantee current,complete and accurate information regarding ac- tual joint venture work and the payment therefor and any pro- did state that he or she was properly authorized by (Name of posed changes in any of the joint venture arrangements and to permit the audit and examination of the books,records and files fig) to execute the affidavit of the joint venture, or those of each joint venturer relevant to the joint venture,by authorized representatives of the grantee or and did so as his or her free act and deed. the Federal funding agency. Any material misrepresentation will be grounds for terminating any contract which may be Notary Public _.. awarded and for initiating action under Federal or State laws concerning false statements." Commission expires [Seal] Revised 3-95 08-07-95 FR-2 1-20 INSTRUCTION TO BIDDERS Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment C (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS BID/PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS BID/PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder proposed subcontractor hereby certifies that he has ,has not_,participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114,or 11246, and that,where required, he has filed with the Joint Reporting Committee,the Director of the Office of Federal Contract Compliance,a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor(41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts,which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of$10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1)prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance,U.S. Department of Labor. I-21 INSTRUCTION TO BIDDERS PUBLIC CONTRACT CODE Public Contract Code Section 10162 Questionnaire In conformance with Public Contract Code Section 10162,the Bidder shall complete,under penalty of perjury,the following questionnaire: Has the bidder,any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified,removed,or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space. I-22 INSTRUCTION TO BIDDERS Public Contract Code Section 10232 Statement In conformance with Public Contract Code Section 10232,the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Public Contract Code Section 10285.1 Statement In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has , has not been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check mark after"has" or"has not" in one of the blank spaces provided. The above Statement is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. I-23 INSTRUCTION TO BIDDERS Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment D Noncollusion Affidavit (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY of VERNON FIRE DEPARTMENT In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of,any undisclosed person, partnership,company,association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded,conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding;that the bidder has not in any manner,directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead,profit,or cost element of the bid price,or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract;that all statements contained in the bid are true; and, further, that the bidder has not,directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,partnership, company association,organization,bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Noncollusion Affidavit is part of the Bid/Proposal. Signing this Bid/Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. I-24 INSTRUCTION TO BIDDERS Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment E DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder,under penalty of perjury, certifies that, except as noted below,he/she or any other person associated therewith in the capacity of owner,partner,director,officer,and manager: • Is not currently under suspension,debarment, voluntary exclusion,or determination of ineligibility by any federal agency; • Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; • Does not have a proposed debarment pending; and • Has not been indicted,convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award,but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions.The above certification is part of the Bid/Proposal. Signing this Bid/Proposal on the signature portion thereof shall also constitute signature of this Certification. I-25 INSTRUCTION TO BIDDERS Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment F NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: (1) No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal, amendment, or modification of any federal contract, grant, loan,or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed$100,000 and that all such subrecipients shall certify and disclose accordingly. 1-26 INSTRUCTION TO BIDDERS DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: Fla. contract Fla. bid/offer/application Fla. initial b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan For Material Change Only: e. loan guarantee year quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No.4 is Subawardee, Enter Name and Address of Prime: Prime Subawardee Tier if known Congressional District,if known Congressional District,if known 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number,if applicable 8. Federal Action Number,if known: 9. Award Amount,if known: 10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual,last name,first name,MI) address if different from No. I Oa) (last name,first name,MI) (attach Continuation Sheet(s)if necessary) 11. Amount of Payment(check all that apply) 13. Type of Payment(check all that apply) S actual planned a. retainer b. one-time fee 12. Form of Payment(check all that apply): c. commission ea. cash d. contingent fee b. in-kind; specify: nature a deferred value f other,specify_ 14. Brief Description of Services Performed or to be performed and Date(s)of Service,including officer(s),employee(s),or member(s)contacted,for Payment Indicated in Item 11: (attach Continuation Sheet(s)if necessary) 15. Continuation Sheet(s)attached: Yes ❑ No t6. Information requested through this form is authorized by Title 31 U.S.C.Section 1352. This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. Print Name: 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject Title: to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure. Telephone No.: Date: Authorized for Local Reproduction Federal Use Only: Standard Form-LLL Standard Form LLL Rev.09-12-97 I-27 INSTRUCTION TO BIDDERS 3Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment G INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient, at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence,the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last,previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, State and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation,United States Coast Guard. 7. Enter the federal program name or description for the covered federal action(item 1). If known, enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal(RFP)number, Invitation for Bid (IFB)number, grant announcement number,the contract grant. or loan award number,the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered federal action. (b) Enter the full names of the individual(s)performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial(MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity(item 10). Indicate whether the payment has been made(actual) or will be made(planned). Check all boxes that apply. If this is a I-28 INSTRUCTION TO BIDDERS material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s)or employee(s)contacted or the officer(s) employee(s)or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form,print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0046),Washington,D.C. 20503. SF-LLL-Instructions Rev.06-04-90<<ENDIFn 1-29 INSTRUCTION TO BIDDERS Local Assistance Procedures Manual EXHIBIT 12-E Attachment H ARTICLE I - SECTION 2. BID/PROPOSAL REQUIREMENTS & CONDITIONS 2-1.01 GENERAL The bidder's attention is directed to the provisions in Section 2,"Proposal Requirements and Conditions,"of the Standard Specifications and these special provisions for the requirements and conditions which the bidder must observe in the preparation of the bid/proposal form and the submission of the bid. In addition to the subcontractors required to be listed in conformance with Section 2-1.054, "Required Listing of Proposed Subcontractors," of the Standard Specifications, each bid/proposal shall have listed therein the portion of work that will be done by each subcontractor listed. A sheet for listing the subcontractors is included in the Bid/Proposal. The form of Bidder's Bond mentioned in the last paragraph in Section 2-1.07, "Proposal Guaranty," of the Standard Specifications will be found following the signature page of the Bid/Proposal. In conformance with Public Contract Code Section 7106, a Noncollusion Affidavit is included in the Bid/Proposal. Signing the Bid/Proposal shall also constitute signature of the Noncollusion Affidavit. The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract.The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract,which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Each subcontract signed by the bidder must include this assurance. Failure of the bidder to fulfill the requirements of the Special Provisions for submittals required to be furnished after bid opening, including but not limited to DBE submittals or escrowed bid documents,where applicable,may subject the bidder to a determination of the bidder's responsibility in the event of being the apparent low bidder on future public works contracts. 2-1.015--FEDERAL LOBBYING RESTRICTIONS.--Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier sub recipient of a Federal-aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal-aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement. If any funds other than Federal funds have been paid for the same purposes in connection with this Federal-aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents. A certification for Federal-aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Bid book. Standard Form - LLL, "Disclosure of Lobbying Activities," with instructions for completion of the Standard Form is also included in the Bid book. Signing the Bid book shall constitute signature of the Certification. The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower-tier contracts exceeding$100,000. All disclosure forms,but not certifications, shall be forwarded from tier to tier until received by the Engineer. The Contractor, subcontractors and any lower-tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower-tier contractors. An event that materially affects the accuracy of the information reported includes: 1-30 INSTRUCTION TO BIDDERS Local Assistance Procedures Manual EXHIBIT 12-E Attachment H (1) A cumulative increase if$25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or (3) A change in the officer(s), employees(s), or Member(s) contacted to influence or attempt to influence a covered Federal Action. I-33 INSTRUCTION TO BIDDERS Local Assistance Procedures Manual Exhibit 12-B Bidder's List of Subcontractors(DBE and Non-DBE) EXHIBIT 12-B BIDDER'S LIST OF SUBCONTRACTORS(DBE AND NON-DBE) PART The bidder shall list all subcontractors(both DBE and non-DBE)in accordance with Section 2-1.054 of the Standard Specifications and per Title 49, Section 26.11 of the Code of Federal Regulations. This listing is required in addition to listing DBE Subcontractors elsewhere in the proposal. Photocopy this form for additional firms. Firm Name/ Phone/ Local Agency Use Address/ Fax Annual Gross Description of Portion of Work to be Performed Only City,State,ZIP Receipts (Certified DBE?) Name Phone <$1 million ❑YES <$5 million ❑NO -_..............................— ----..........................__._. _....................... .__................ Address <$10 million If YES list 1.713E#: Fax ❑<$15 million City State ZIP ❑>$15 million Age of Firm(Yrs.) Eff— Name Phone <$1 million YES <$5 million []NO............. ---............... Address <$10 million If YES list DBE#: ... ......................... Fax ❑<$15 million City State ZIP ❑ >$15 million Age of Firm(Yrs.) ........................... ....................... Name Phone ❑ <$1 million MYES .......................................- ........................................................ ❑<$5 million ❑NO ..__._.�..._.............................................-- -.............................................. ... ..................... Address <$10 million If YES list DBE#: Fax <$15 million City State ZIP >$15 million .. ............................... Age of Firm(Yrs.) Name Phone El<$1 million YES .............................................. .._.................... —$5 million ❑NO Address <$10 million If YES list DBE#: Fax <$15 million City State ZIP F1>$15 million Age of Firm(Yrs.) Distribution: 1)Original-Local Agency File Page 1 of 2 DLA-OB 13-06 August 12,2013 Local Assistance Procedures Manual Exhibit 12-B Bidder's List of Subcontractors(DBE and Non-DBE) EXHIBIT 12-B BIDDER'S LIST OF SUBCONTRACTORS(DBE AND NON-DBE) PART II The bidder shall list all subcontractors who provided a quote or bid but were not selected to participate as a subcontractor on this project. This is required for compliance with Title 49, Section 26 of the Code of Federal Regulations.Photocopy this form for additional firms. Firm Name/ Phone/ Local Agency Use OnIY Address/ Fax Annual Gross Receipts Description of Portion of Work to be Performed (Certified DBE?) City, State,ZIP Name Phone ❑ <$1 million YES ................ ❑ <$5 million ❑NO Address ❑<$10 million If YES list DBE 4: Fax —<$15 million City State ZIP El>$15 million Age of Firm(Yrs.) Name Phone ❑<$1 million [-]YES <$5 million ❑NO Address <$10 million If YES list DBE#.- Fax <$15 million _.................................................... - ........................................ City State ZIP >$15 million Age of Firm(Yrs.) . . ................ ........................................ . . ............................................... Name Phone <$1 million YES <$5 million ❑NO .. . ............................... ............... Address <$10 million If YES list DBE#: Fax <$15 million City State ZIP ❑ >$15 million _ Age of Firm(Yrs.) Name Phone ❑ <$1 million YES ❑<$5 million [-]NO Address <$10 million If YES list DBE#: Fax <$15 million City State ZIP 0>$15 million Age of Firm(Yrs.) Page 2 of 2 DLA-OB 13-06 August 12,2013 Local Assistance Procedures Manual Exhibit 12-B Bidder's List of Subcontractors(DBE and Non-DBE) Distribution:1)Original-Local Agency File Page 3 of 2 DLA-OB 13-06 August 12,2013 EXHIBIT 15-G LOCAL AGENCY BIDDER DBE COMMITMENT(CONSTRUCTION CONTRACTS) NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM LOCAL AGENCY: LOCATION: PROJECT DESCRIPTION: TOTAL CONTRACT AMOUNT:S BID DATE: BIDDER'S NAME: CONTRACT DBE GOAL: CONTRACT TEM OF WORK AND DESCRIPTION 7DBE CERT NO. NAME OF EACH DBE DOLLAR AMOUNT ITEM NO. )R SERVICES TO BE :AND EXPIRATION (Must be certified on the date bids DBE iUBCONTRACTED OR MATERIALS DATE are opened-include DBE address FO BE PROVIDED(or contracted if the and phone number) dder is a DBE) For Local Agency to Complete: Total Claimed DBE Local Agency Contract Number: Participation -" Federal-aid Project Number: % Federal Share: Contract Award Date: Local Agency certifies that all DBE certifications have been verified and Signature of Bidder information is complete and accurate. Date (Area Code)Tel.No. Print Name Signature Date Local Agency Representative Person to Contact (Please Type or Print) (Area Code)Telephone Number: Local Agency Bidder DBE Conunitment(Construction Contracts) (Rev 6/26/09) Distribution: (1)Original—Local agency files 1-36 INSTRUCTION TO BIDDERS EXHIBIT 15-H Local Assistance Procedures Manual INSTRUCTIONS - LOCAL AGENCY BIDDER DBE COMMITMENT (CONSTRUCTION CONTRACTS) ALL BIDDERS: PLEASE NOTE: This information may be submitted with your bid.If it is not,and you are the apparent low bidder or the second or third low bidder,it must submitted and received as specified in the Special Provisions.Failure to submit the required DBE commitment will be grounds for finding the bid nonresponsive The form requires specific information regarding the construction contract: Local Agency, Location, Project Description, Total Contract Amount,Bid Date, Bidder's Name, and Contract DBE Goal. The form has a column for the Contract Item Number and Item of Work and Description or Services to be Subcontracted or Materials to be provided by DBEs. Prime contractors shall indicate all work to be performed by DBEs including, if the prime is a DBE, work performed by its own forces, if a DBE. The DBE shall provide a certification number to the Contractor and expiration date. Enter the DBE prime's and subcontractors' certification numbers.The form has a column for the Names of DBE contractors to perform the work(who must be certified on the date bids are opened and include the DBE address and phone number). IMPORTANT: Identify all DBE firms participating in the project regardless of tier.Names of the First- Tier DBE Subcontractors and their respective item(s)of work listed should be consistent,where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid. There is a column for the DBE participation dollar amount. Enter the Total Claimed DBE Participation dollars and percentage amount of items of work submitted with your bid pursuant to the Special Provisions. (If 100%of item is not to be performed or furnished by the DBE,describe exact portion of time to be performed or furnished by the DBE.) See Section "Disadvantaged Business Enterprise (DBE),"of the Special Provisions(construction contracts),to determine how to count the participation of DBE firms. Exhibit 15-G must be signed and dated by the person bidding. Also list a phone number in the space provided and print the name of the person to contact. Local agencies should complete the Local Agency Contract Award,Federal-aid Project Number, Federal Share, Contract Award Date fields and verify that all information is complete and accurate before signing and filing. I-37 INSTRUCTION TO BIDDERS Page 15-2 June 29,2012 OB 12-04 EXHIBIT 15-H DBE INFORMATION—GOOD FAITH EFFORTS DBE INFORMATION - GOOD FAITH EFFORTS Federal-aid Project No. HSIP-5139 (012) Bid Opening Date_ The City of Vernon established a Disadvantaged Business Enterprise(DBE) goal of 0%for this project. The information provided herein shows that a good faith effort was made. Lowest, second lowest and third lowest bidders shall submit the following information to document adequate good faith efforts.Bidders should submit the following information even if the"Local Agency Bidder DBE Commitment"form indicates that the bidder has met the DBE goal. This will protect the bidder's eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error. Submittal of only the"Local Agency Bidder DBE Commitment"form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made. The following items are listed in the Section entitled"Submission of DBE Commitment"of the Special Provisions: A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder(please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of DBEs Solicited Date of Initial Follow Up Methods and Dates Solicitation EXHIBIT 15-H Local Assistance Procedures Manual C. The items of work which the bidder made available to DBE firms including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms. Items of Work Bidder Normally Breakdown of Amount Percentage Performs Item Items M Of (Y/N) Contract D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work(please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE: Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: Names, addresses and phone numbers of firms selected for the work above: E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: I-39 INSTRUCTION TO BIDDERS Page 15-4 June 29,2012 OB 12-04 F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.): Name of Agency/Organization Method/Date of Contact Results H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): 1-40 INSTRUCTION TO BIDDERS Local Assistance Procedures Manual Exhibit 15-H DBE Information-Good Faith Effort EXHIBIT 15-H DBE INFORMATION—FOOD FAITH EFFORTS DBE INFORMATION - GOOD FAITH EFFORTS Federal-aid Project No. Bid Opening Date The (City/County ofl established a Disadvantaged Business Enterprise(DBE) goal of for this project.The information provided herein shows that a good faith effort was made. Lowest, second lowest and third lowest bidders shall submit the following information to document adequate good faith efforts.Bidders should submit the following information even if the"Local Agency Bidder DBE Commitment" form indicates that the bidder has met the DBE goal. This will protect the bidder's eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error. Submittal of only the"Local Agency Bidder DBE Commitment"form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made. The following items are listed in the Section entitled"Submission of DBE Commitment"of the Special Provisions: A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder(please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested(please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of DBEs Solicited Date of Initial Follow Up Methods and Dates Solicitation I-41 INSTRUCTION TO BIDDERS Page 15-1 OB 12-04 June 29,2012 Exhibit 15-H Local Assistance Procedures Manual DBE Information-Good Faith Effort C. The items of work which the bidder made available to DBE firms including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces)into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms. Items of Work Bidder Normally Breakdown of Amount Percentage Performs Item Items M Of (Y/N) Contract D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work(please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE: Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: Names, addresses and phone numbers of firms selected for the work above: E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: I-42 INSTRUCTION TO BIDDERS Page 15-2 June 29,2012 OB 12-04 Local Assistance Procedures Manual Exhibit 15-H DBE Information-Good Faith Effort F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.): Name of Agency/Organization Method/Date of Contact Results H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY. I-43 INSTRUCTION TO BIDDERS Page 15-3 OB 12-04 June 29,2012 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment L 5-1.4 SUBCONTRACTING No subcontract releases the Contractor from the contract or relieves the Contractor of their responsibility for a subcontractor's work. If the Contractor violates Pub Cont Code § 4100 et seq.,the City of Vernon may exercise the remedies provided under Pub Cont Code §4110. The City of Vernon may refer the violation to the Contractors State License Board as provided under Pub Cont Code § 4111. The Contractor shall perform work equaling at least 30 percent of the value of the original total bid with the Contractor's own employees and equipment, owned or rented,with or without operators. Each subcontract must comply with the contract. Each subcontractor must have an active and valid State contractor's license with a classification appropriate for the work to be performed(Bus&Prof Code, § 7000 et seq.). Submit copies of subcontracts upon request by the Engineer. Before subcontracted work starts, submit a Subcontracting Request form. Do not use a debarred contractor; a current list of debarred contractors is available at the Department of Industrial Relations web site at: http:llwww.dir.ca.gov/dlse/debar.html Upon request by the Engineer, immediately remove and not again use a subcontractor who fails to prosecute the work satisfactorily. Each subcontract and any lower-tier subcontract that may in turn be made shall include the "Required Contract Provisions Federal-Aid Construction Contracts"in Section 14 of these special provisions.Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from progress payments due or to become due,until correction is made. Failure to comply may result in termination of the contract. I-44 INSTRUCTION TO BIDDERS Local Assistance Procedures Manual EXHIBIT 17-F Final Report-Utilization of Disadvantaged Business Enterprises(DBE),First-Tier Subcontractors STATE OF CALIFORNIA-DEPARTMENT OF TRANSPORTATION FINAL REPORT-UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES ADA Notice (DBE), FIRST-TIER SUBCONTRACTORS For individuals with sensory disabilities,this document is available in alternate formats.For information call(916)654-6410 or TDD(916)654-3880 or write Records and Forms Management,1120 N Street, MS-89,Sacramento,CA 95814 CEM-2402F(REV 02/2008) CONTRACT NUMBER COUNTY ! ROUTE POST MILES FEDERAL AID PROJECT NO. ADMINISTERING AGENCY CONTRACT COMPLETION DATE PRIME CONTRACTOR BUSINESS ADDRESS ESTIMATED CONTRACT AMOUNT $ DESCRIPTION OF CONTRACT PAYMENTS ITE WORK PERFORMED COMPANY NAME AND DBE CERT. DATE OF FINAL PAYMENT M AND MATERIAL BUSINESS ADDRESS NUMBER NON-DBE DBE DATE WORK NO. PROVIDED COMPLETE $ $ $ $ ORIGINAL COMMITMENT $ TOTAL $ $ DBE List all First-Tier Subcontractors,Disadvantaged Business Enterprises(DBEs)regardless of tier,whether or not the firms were originally listed for goal credit.If actual DBE utilization(or item of work)was different than that approved at time of award,provide comments on back of form.List actual amount paid to each entity. I CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT CONTRACTOR REPRESENTATIVE'S SIGNATURE BUSINESS PHONE NUMBER DATE TO THE BEST OF MY INFORMATION AND BELIEF,THE ABOVE INFORMATION IS COMPLETE AND CORRECT RESIDENT ENGINEER'S SIGNATURE BUSINESS PHONE NUMBER DATE Copy Distribution-Cahrans contracts: Original-District Construction Copy-Business Enterprise Program Copy-Contractor Copy Resident Engineer Copy Distribution-Local Agency contracts: Original-District Local Assistance Engineer Copy-District Local Assistance Engineer Copy-Local Agency file (submitted with the Report of Expenditure I-45 INSTRUCTION TO BIDDERS Page 17-21 LPP 09-02 July 1,2012 EXHIBIT 17-F Local Assistance Procedures Manual Final Report-Utilization of Disadvantaged Business Enterprises(DBE),First-Tier Subcontractors FINAL REPORT—UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES(DBE),FIRST-TIER SUBCONTRACTORS CEM 2402(F)(Rev.02/2008) The form requires specific information regarding the construction project: Contract Number,County,Route,Post Miles,Federal-aid Project No.,the Administering Agency,the Contract Completion Date and the Estimated Contract Amount.It requires the prime contractor name and business address.The focus of the form is to describe who did what by contract item number and descriptions,asking for specific dollar values of item work completed broken down by subcontractors who performed the work both DBE and non-DBE work forces.DBE prime contractors are required to show the date of work performed by their own forces along with the corresponding dollar value of work. The form has a column to enter the Contract Item No. (or Item No's)and description of work performed or materials provided,as well as a column for the subcontractor name and business address.For those firms who are DBE,there is a column to enter their DBE Certification Number.The DBE should provide their certification number to the contractor and notify the contractor in writing with the date of the decertification if their status should change during the course of the proj ect. The form has six columns for the dollar value to be entered for the item work performed by the subcontractor. The Non-DBE column is used to enter the dollar value of work performed for firms who are not certified DBE. The decision of which column to be used for entering the DBE dollar value is based on what program(s) status the firm is certified.This program status is determined by the California Unified Certification Program by ethnicity,gender,ownership,and control issues at time of certification.To confirm the certification status and program status,access the Department of Transportation Civil Rights web site at: http://www.dot.ca. og v/hq/bep or by calling(916)324-1700 or the toll free number at(888) 810-6346. Based on this DBE Program status,the following table depicts which column to be used: DBE Program Status Column to be used If program status shows DBE only with no other programs listed DBE If a contractor performing work as a DBE on the project becomes decertified and still performs work after their decertification date,enter the total dollar value performed by this contractor under the appropriate DBE identification column. If a contractor performing work as a non-DBE on the project becomes certified as a DBE,enter the dollar value of all work performed after certification as a DBE under the appropriate identification column. Enter the total of each of the six columns in Form CEM-2402(F). Any changes to DBE certification must also be submitted on Form-CEM 2403(F). Enter the Date Work Completed as well as the Date of Final Payment(the date when the prime contractor made the "final payment"to the subcontractor for the portion of work listed as being completed). The contractor and the resident engineer sign and date the form indicating that the information provided is complete and correct. Page 17-22 July 1,2012 LPP 09-02 I-46 INSTRUCTION TO BIDDERS Local Assistance Procedures Manual EXHIBIT 17-0 Disadvantaged Business Enterprises(DBE) Certification Status STATE OF CALIFORNIA—DEPARTMENT OF TRANSPORTATION EXHIBIT 17-0 DISADVANTAGED BUSINESS ENTERPRISES(DBE)CERTIFICATION STATUS CHANGE CP-CEM-2403(F) (New. 10/99) CONTACT NUMBER COUNTY ROUTE POST MILES ADMINISTERING AGENCY CONTRACT COM PETION DATE PRIME CONTRACTOR BUSINESS ADDRESS ESTIMATED CONTRACT AMOUNT Prime Contractor:List all DBEs with changes in certification status(certified/decertified)while in your employ,whether or not firms were originally listed for good credit. Attach DBE cerdfecadom7kret#flcadon letter in accordance with the Special Provisions CERTIFICATION/ CONTRACT SUBCONTRACT NAME AND BUSINESS CERTIFICATION NUMBER AMOUNT PAID WHILE DECERTIFICATION ITEM NO. BUSINESS ADDRESS PHONE CERTIFIED DATE Letter attached $ $ 5 Comments: 1 CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT CONTRACTOR REPRESENTATIVE SIGNATURE TITLE BUSINESS PHONE NUMBER DATE TO THE BEST OF MY KNOWLEDGE,THE ABOVE INFORMATION IS COMPLETE AND CORRECT RESIDENT ENGINEER BUSINESS PHONE NUMBER DATE DISTRIBUTION Original copy-DLAE Copy-1)Business Enterprise Program 2)Prime Contactor 3)Local Agency 4)Resident Engineer I-47 INSTRUCTION TO BIDDERS EXHIBIT 17-0 Local Assistance Procedures Manual Disadvantaged Business Enterprises(DBE)Certification Status Change Form CP-CEM 2403(F) (New 10/99) DISADVANTAGED BUSINESS ENTERPRISES (DBE)CHANGE IN CERTIFICATION STATUS REPORT The top of the form requires specific information regarding the construction project: Contract Number, County, Route, Post Miles,the Administering Agency,the Contract Completion Date,and the Estimated Contract Amount. It requires the Prime Contractor's name and Business Address.The focus of the form is to substantiate and verify the actual DBE dollar amount paid to contractors on federally funded projects that had a changed in Certification status during the course of the completion of the contract.The two situations that are being addressed by CP-CEM 2403(F) are, if a firm certified as a DBE and doing work on the contract during the course of the project becomes Decertified, and if a non-DBE firm doing work on the contract during the course of the project becomes Certified as a DBE. The form has a column to enter the Contract Item No(or Item Nos.)as well as a column for the Subcontractor's Name,Business Address,Business Phone,and contractor's Certification Number. The column entitled Amount Paid While Certified will be used to enter the actual dollar value of the work performed by those contractors who meet the conditions as outlined above during the time period they are Certified as a DBE.This column on the CP-CEM-2403(F) should only reflect the dollar value of work performed while the firm was Certified as a DBE. The column called Certification/Decertification Date(Letter attached)will reflect either the date of the Decertification Letter sent out by the Civil Rights Program or the date of the Certification Certificate mailed out by the Civil Rights Program. There is a box to check that support documentation is attached to the CP-CEM-2403 (F) form. There is a Comments section for any additional information that may need to be provided regarding any of the above transactions. The CEM-2403(F)has an area at the bottom where the Contractor and the Resident Engineer sign and date that the information provided is complete and correct. There is a Comments section for any additional information that may need to be provided regarding any of the above transactions. The CEM-2403(F)has an area at the bottom where the Contractor and the Resident Engineer sign and date that the information provided is complete and correct. I-48 INSTRUCTION TO BIDDERS CITY OF VERNON DATA UNIVERSAL NUMBERING SYSTEM (D-U-N-S) NUMBER Submit this form with the Executed Contract. If you fail to submit your D-U-N-S Number,the Department will not approve the contract CONTRACT NUMBER: CONTRACTOR NAME: BUSINESS ADDRESS(D-U-N-S Number Location): STREET: CITY: STATE: ZIP CODE: D-U-N-S Number: Contact Name: Telephone No: I-49 INSTRUCTION TO BIDDERS Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Language EXHIBIT 12-G REQUIRED FEDERAL-AID CONTRACT LANGUAGE (For Local Assistance Construction Projects) Table of Contents Section Passe No. 1. DISADVANTAGED BUSINESS ENTERPRISES(DBE)......................................................................2 DBECOMMITMENT SUBMITTAL....................................................................................................................2 GOOD FAITH EFFORTS SUBMITTAL..............................................................................................................3 EXHIBIT 15-G LOCAL AGENCY BIDDER DBE INFORMATION(CONSTRUCTION CONTRACTS).4 SUBCONTRACTOR AND DISADVANTAGED BUSINESS ENTERPRISE RECORDS...............................4 PERFORMANCE OF DISADVANTAGED BUSINESS ENTERPRISES.........................................................4 2. BID OPENING.........................................................................................................................................................5 3. BID RIGGING.........................................................................................................................................................5 4. CONTRACT AWARD............................................................................................................................................5 5. CONTRACTOR LICENSE....................................................................................................................................5 6. DIFFERING SITE CONDITIONS.........................................................................................................................5 CONTRACTOR'S NOTIFICATION.....................................................................................................................5 ENGINEER'S INVESTIGATION AND DECISION...........................................................................................6 7. BEGINNING OF WORK,TIME OF COMPLETION AND LIQUIDATED DAMAGES...............................6 8. QUALITY ASSURANCE.....................................................................................................................................67 9. PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS.................................................67 10. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS...................7 11. FEMALE AND MIONORITY GOALS...............................................................................................................18 12. FEDERAL TRAINEE PROGRAM......................................................................................................................19 13.TITLE VI ASSURANCES......................................................................................................................................22 Page 1 of 22 DLA-OB 13-06 August 12,2013 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Language 1. DISADVANTAGED BUSINESS ENTERPRISES(DBE) Under 49 CFR 26.13(b): The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract,which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract(49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5,the Agency shows a goal for DBEs. Make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers. Meet the DBE goal shown elsewhere in these special provisions or demonstrate that you made adequate good faith efforts to meet this goal. It is your responsibility to verify that the DBE firm is certified as DBE at date of bid opening. For a list of DBEs certified by the California Unified Certification Program, go to: http://www.dot.ca.goy/hq/bep/find c erti fied.htm. All DBE participation will count toward the California Department of Transportation's federally mandated statewide overall DBE goal. Credit for materials or supplies you purchase from DBEs counts towards the goal in the following manner: • 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are obtained from a DBE regular dealer. • Only fees,commissions,and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and"regular dealer." You receive credit towards the goal if you employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55(d)(1)through(4)and(6). a. DBE Commitment Submittal Submit the Exhibit 15-G Local Agency Bidder DBE Commitment(Construction Contracts) form, included in the Bid book. If the form is not submitted with the bid,remove the form from the Bid book before submitting your bid. If the DBE Commitment form is not submitted with the bid,the apparent low bidder,the 2nd low bidder, and the 3rd low bidder must complete and submit the DBE Commitment form to the Agency. DBE Commitment form must be received by the Agency no later than 4:00 p.m. on the 4th business day after bid opening. Other bidders do not need to submit the DBE Commitment form unless the Agency requests it. If the Agency requests you to submit a DBE Commitment form, submit the completed form within 4 business days of the request. Submit written confirmation from each DBE stating that it is participating in the contract. Include confirmation with the DBE Commitment form. A copy of a DBE's quote will serve as written confirmation that the DBE is participating in the contract. If you do not submit the DBE Commitment form within the specified time,the Agency will find your bid nonresponsive. Page 2 of 22 DLA-OB 13-06 August 12,2013 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Language b. Good Faith Efforts Submittal If you have not met the DBE goal, complete and submit the DBE Information-Good Faith Efforts,Exhibit 15-H, form with the bid showing that you made adequate good faith efforts to meet the goal. Only good faith efforts directed towards obtaining participation by DBEs will be considered. If good faith efforts documentation is not submitted with the bid, it must be received by the Agency no later than 4:00 p.m. on the 4th business day after bid opening. If your DBE Commitment form shows that you have met the DBE goal or if you are required to submit the DBE Commitment form, you must also submit good faith efforts documentation within the specified time to protect your eligibility for award of the contract in the event the Agency finds that the DBE goal has not been met. Good faith efforts documentation must include the following information and supporting documents, as necessary: 1. Items of work you have made available to DBE firms. Identify those items of work you might otherwise perform with your own forces and those items that have been broken down into economically feasible units to facilitate DBE participation. For each item listed, show the dollar value and percentage of the total contract. It is your responsibility to demonstrate that sufficient work to meet the goal was made available to DBE firms. 2. Names of certified DBEs and dates on which they were solicited to bid on the project. Include the items of work offered. Describe the methods used for following up initial solicitations to determine with certainty if the DBEs were interested,and the dates of the follow-up. Attach supporting documents such as copies of letters,memos, facsimiles sent, telephone logs,telephone billing statements,and other evidence of solicitation. You are reminded to solicit certified DBEs through all reasonable and available means and provide sufficient time to allow DBEs to respond. 3. Name of selected firm and its status as a DBE for each item of work made available. Include name, address, and telephone number of each DBE that provided a quote and their price quote. If the firm selected for the item is not a DBE,provide the reasons for the selection. 4. Name and date of each publication in which you requested DBE participation for the project. Attach copies of the published advertisements. 5. Names of agencies and dates on which they were contacted to provide assistance in contacting,recruiting,and using DBE firms. If the agencies were contacted in writing, provide copies of supporting documents. 6. List of efforts made to provide interested DBEs with adequate information about the plans, specifications, and requirements of the contract to assist them in responding to a solicitation. If you have provided information, identify the name of the DBE assisted,the nature of the information provided,and date of contact. Provide copies of supporting documents, as appropriate. 7. List of efforts made to assist interested DBEs in obtaining bonding, lines of credit, insurance, necessary equipment, supplies,and materials,excluding supplies and equipment that the DBE subcontractor purchases or leases from the prime contractor or its affiliate. If such assistance is provided by you, identify the name of the DBE assisted,nature of the assistance offered, and date assistance was provided. Provide copies of supporting documents,as appropriate. 8. Any additional data to support demonstration of good faith efforts. The Agency may consider DBE commitments of the 2nd and 3rd bidders when determining whether the low bidder made good faith efforts to meet the DBE goal. Page 3 of 22 DLA-OB 13-06 August 12,2013 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Language c. Exhibit 1 S-G-Local Agency Bidder DBE Information (Construction Contracts) Complete and sign Exhibit 15-G Local Agency Bidder DBE Commitment(Construction Contracts) included in the contract documents regardless of whether DBE participation is reported. Provide written confirmation from each DBE that the DBE is participating in the Contract. A copy of a DBE's quote serves as written confirmation. If a DBE is participating as a joint venture partner,the Agency encourages you to submit a copy of the joint venture agreement.) d. Subcontractor and Disadvantaged Business Enterprise Records Use each DBE subcontractor as listed on Exhibit 12-B Bidder's List of Subcontractors (DBE and Non-DBE) and Exhibit 15-G Local Agency Bidder DBE Commitment(Construction Contracts) form unless you receive authorization for a substitution. The Agency requests the Contractor to: 1. Notify the Engineer of any changes to its anticipated DBE participation 2. Provide this notification before starting the affected work 3. Maintain records including: ■ Name and business address of each 1`-tier subcontractor ■ Name and business address of each DBE subcontractor,DBE vendor, and DBE trucking company, regardless of tier ■ Date of payment and total amount paid to each business If you are a DBE contractor, include the date of work performed by your own forces and the corresponding value of the work. Before the 15th of each month, submit a Monthly DBE Trucking Verification form. If a DBE is decertified before completing its work,the DBE must notify you in writing of the decertification date. If a business becomes a certified DBE before completing its work,the business must notify you in writing of the certification date. Submit the notifications. On work completion,complete a Disadvantaged Business Enterprises (DBE)Certification Status Change,Exhibit 17-0, form. Submit the form within 30 days of contract acceptance. Upon work completion, complete Exhibit 17-F Final Report— Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors. Submit it within 90 days of contract acceptance. The Agency will withhold$10,000 until the form is submitted. The Agency releases the withhold upon submission of the completed form. e. Performance of Disadvantaged Business Enterprises DBEs must perform work or supply materials as listed in the Exhibit 15-G Local Agency Bidder DBE Commitment(Construction Contracts) form, included in the Bid. Do not terminate or substitute a listed DBE for convenience and perform the work with your own forces or obtain materials from other sources without authorization from the Agency. The Agency authorizes a request to use other forces or sources of materials if it shows any of the following justifications: 1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project. 2. You stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet your bond requirements. Page 4 of 22 DLA-OB 13-06 August 12,2013 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Language 3. Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law. 4. Listed DBE fails or refuses to perform the work or furnish the listed materials. 5. Listed DBE's work is unsatisfactory and not in compliance with the contract. 6. Listed DBE is ineligible to work on the project because of suspension or debarment. 7. Listed DBE becomes bankrupt or insolvent. 8. Listed DBE voluntarily withdraws with written notice from the Contract 9. Listed DBE is ineligible to receive credit for the type of work required. 10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract. 11. Agency determines other documented good cause. Notify the original DBE of your intent to use other forces or material sources and provide the reasons. Provide the DBE with 5 days to respond to your notice and advise you and the Agency of the reasons why the use of other forces or sources of materials should not occur. Your request to use other forces or material sources must include: 1. One or more of the reasons listed in the preceding paragraph 2. Notices from you to the DBE regarding the request 3. Notices from the DBEs to you regarding the request If a listed DBE is terminated or substituted,you must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet the DBE goal. The substitute DBE must be certified as a DBE at the time of request for substitution. Unless the Agency authorizes(1)a request to use other forces or sources of materials or(2)a good faith effort for a substitution of a terminated DBE,the Agency does not pay for work listed on the Exhibit 15-G Local Agency Bidder DBE Commitment(Construction Contracts) form unless it is performed or supplied by the listed DBE or an authorized substitute. 2. BID OPENING The Agency publicly opens and reads bids at the time and place shown on the Notice to Bidders. 3. BID RIGGING The U.S. Department of Transportation(DOT)provides a toll-free hotline to report bid rigging activities.Use the hotline to report bid rigging,bidder collusion, and other fraudulent activities. The hotline number is (800)424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous.. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. 4. CONTRACT AWARD If the Agency awards the contract,the award is made to the lowest responsible bidder. S. CONTRACTOR LICENSE The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (Public Contract Code § 10164). 6 DIFFERING SITE CONDITIONS a. Contractor's Notification Promptly notify the Agency's Engineer if you find either of the following conditions: 1. Physical conditions differing materially from either of the following: Page 5 of 22 DLA-OB 13-06 August 12,2013 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Language • Contract documents • Job site examination 2. Physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract Include details explaining the information you relied on and the material differences you discovered. If you fail to promptly notify the Engineer,you waive the differing site condition claim for the period between your discovery of the differing site condition and your notification to the Engineer. If you disturb the site after discovery and before the Engineer's investigation,you waive the differing site condition claim. b. Engineer's Investigation and Decision Upon your notification,the Engineer investigates job site conditions and: 1. Notifies you whether to resume affected work 2. Decides whether the condition differs materially and is cause for an adjustment of time, payment, or both 7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES The Contractor shall begin work within 15 calendar days after the contract has been approved by the attorney appointed and authorized to represent the City of Vernon. This work shall be diligently prosecuted to completion before the expiration of 180 CALENDAR DAYS beginning on the fifteenth calendar day after approval of the contract. The Contractor shall pay to the City of Vernon the sum of$1,500 per day, for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above. Refer to Part II Special Provisions, Section II-1.06 Liquidated Damages for additional information. 8. QUALITYASSURANCE The Agency uses a Quality Assurance Program(QAP)to ensure a material is produced to comply with the Contract. You may examine the records and reports of tests the Agency performs if they are available at the job site. Schedule work to allow time for QAP. 9. PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS (The local agency must include one of the following three provisions to ensure prompt and full payment of any retainage from the prime contractor, or subcontractor,to a subcontractor.Remove or strike out the methods not used.) The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor,or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law(49CFR26.29)requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual,administrative, or judicial remedies otherwise available to the prime contractor or Page 6 of 22 DLA-OB 13-06 August 12,2013 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Language subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. 10. FORMFHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL AID CONTRACTS (Excluding ATTACHMENT A -EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALA CHIAN L OCAL ACCESS ROAD CONTRACTS) Page 7 of 22 DLA-OB 13-06 August 12,2013 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Language FHWA-1273-- Revised May 1,2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General 11. Nondiscrimination It. NONDISCRIMINATION 111. Nonsegregated Facilities IV_ Davis-Bacon and Related Act Provisions The provisions of this section related to 23 CFR Part 230 are applicable V. Contract Work Hours and Safety Standards Act Provisions to all Federal-aid construction contracts and to all related construction VI. Subletting or Assigning the Contract subcontracts of$10,000 or more The provisions of 23 CFR Part 230 are VII. Safety:Accident Prevention not applicable to material supply,engineering,or architectural service VII I False Statements Concerning Highway Projects contracts. IX Implementation of Clean Air Act and Federal Water Pollution Control Act In addition,the contractor and all subcontractors must comply with the X Compliance with Govemmentwide Suspension and Debarment following policies:Executive Order 11246,41 CFR 60,29 CFR 1625- Requirements 1627,Title 23 USC Section 140,the Rehabilitation Act of 1973.as XI Certification Regarding Use of Contract Funds for Lobbying amended(29 USC 794),Title VI of the Civil Rights Act of 1964,as amended,and related regulations including 49 CFR Parts 21,26 and 27; ATTACHMENTS and 23 CFR Parts 200,230,and 633. A.Employment and Materials Preference for Appalachian Development The contractor and all subcontractors must comply with: the Highway System or Appalachian Local Access Road Contracts(included requirements of the Equal Opportunity Clause in 41 CFR 60-1 4(b)and, in Appalachian contracts only) for all construction contracts exceeding$10,000.the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4 3 I. GENERAL Note.The U S.Department of Labor has exclusive authority to determine 1. Form FHWA-1273 must be physically incorporated in each compliance with Executive Order 11246 and the policies of the Secretary construction contract funded under Title 23(excluding emergency of Labor including 41 CFR 60,and 29 CFR 1625-1627. The contracting contracts solely intended for debris removal) The contractor(or agency and the FHWA have the authority and the responsibility to subcontractor)must insert this form in each subcontract and further ensure compliance with Title 23 USC Section 140,the Rehabilitation Act require its inclusion in all lower tier subcontracts(excluding purchase of 1973,as amended(29 USC 794),and Title VI of the Civil Rights Act of orders,rental agreements and other agreements for supplies or 1964,as amended,and related regulations including 49 CFR Parts 21, services). 26 and 27;and 23 CFR Parts 200,230,and 633 The applicable requirements of Form FHWA-1273 are incorporated by The following provision is adopted from 23 CFR 230,Appendix A,with reference for work done under any purchase order,rental agreement or appropriate revisions to conform to the U.S.Department of Labor(US agreement for other services The prime contractor shall be responsible DOL)and FHWA requirements for compliance by any subcontractor,lower-tier subcontractor or service provider. 1.Equal Employment Opportunity:Equal employment opportunity (EEO)requirements not to discriminate and to take affirmative action to Form FHWA-1273 must be included in all Federal-aid design-build assure equal opportunity as set forth under laws,executive orders,rules, contracts,in all subcontracts and in lower tier subcontracts(excluding regulations(28 CFR 35,29 CFR 1630,29 CFR 1625-1627,41 CFR 60 subcontracts for design services,purchase orders,rental agreements and 49 CFR 27)and orders of the Secretary of Labor as modified by the and other agreements for supplies or services). The design-builder shall provisions prescribed herein,and imposed pursuant to 23 U.S.C. 140 be responsible for compliance by any subcontractor,lower-tier shall constitute the EEO and specific affirmative action standards for the subcontractor or service provider contractor's project activities under this contract.The provisions of the Americans with Disabilities Act of 1990(42 U.S.0 12101 et seq)set Contracting agencies may reference Form FHWA-1273 in bid proposal forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference or request for proposal documents,however,the Form FHWA-1273 must in this contract.In the execution of this contract,the contractor agrees to be physically incorporated(not referenced)in all contracts,subcontracts comply with the following minimum specific requirement activities of and lower-tier subcontracts(excluding purchase orders,rental EEO: agreements and other agreements for supplies or services related to a construction contract). a.The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide 2. Subject to the applicability criteria noted in the following sections, equal opportunity with respect to all of its terms and conditions of these contract provisions shall apply to all work performed on the employment and in their review of activities under the contract contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all b.The contractor will accept as its operating policy the following work performed on the contract by piecework,station work,or by statement: subcontract. "it is the policy of this Company to assure that applicants are 3. A breach of any of the stipulations contained in these Required employed,and that employees are treated during employment,without Contract Provisions may be sufficient grounds for withholding of progress regard to their race,religion,sex,color,national origin,age or payments,withholding of final payment,termination of the contract, disability Such action shall include:employment,upgrading, suspension 1 debarment or any other action determined to be appropriate demotion,or transfer;recruitment or recruitment advertising;layoff or by the contracting agency and FHWA. termination;rates of pay or other forms of compensation;and selection for training,including apprenticeship,pre-apprenticeship,and/or on- 4. Selection of Labor.During the performance of this contract,the the-job training." contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor 2. EEO Officer:The contractor will designate and make known to the performed by convicts who are on parole,supervised release,or contracting officers an EEO Officer who will have the responsibility for probation The term Federal-aid highway does not include roadways and must be capable of effectively administering and promoting an functionally classified as local roads or rural minor collectors. active EEO program and who must be assigned adequate authority and responsibility to do so Page 8 of 22 DLA-OB 13-06 August 12,2013 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Language 3. Dissemination of Policy:All members of the contractor's staff who are authorized to hire,supervise,promote,and discharge b. The contractor will periodically evaluate the spread of wages employees,or who recommend such action,or who are substantially paid within each classification to determine any evidence of involved in such action,will be made fully cognizant of,and will discriminatory wage practices. implement,the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of c. The contractor will periodically review selected personnel employment. To ensure that the above agreement will be met,the actions in depth to determine whether there is evidence of following actions will be taken as a minimum: discrimination. Where evidence is found,the contractor will promptly take corrective action. If the review indicates that the a. Periodic meetings of supervisory and personnel office discrimination may extend beyond the actions reviewed,such employees will be conducted before the start of work and then not corrective action shall include all affected persons. less often than once every six months,at which time the contractor's EEO policy and its implementation will be reviewed and explained. d. The contractor will promptly investigate all complaints of The meetings will be conducted by the EEO Officer. alleged discrimination made to the contractor in connection with its obligations under this contract,will attempt to resolve such b. All new supervisory or personnel office employees will be given complaints,and will take appropriate corrective action within a a thorough indoctrination by the EEO Officer,covering all major reasonable time. If the investigation indicates that the discrimination aspects of the contractor's EEO obligations within thirty days may affect persons other than the complainant,such corrective following their reporting for duty with the contractor. action shall include such other persons. Upon completion of each investigation,the contractor will inform every complainant of all of C. All personnel who are engaged in direct recruitment for the their avenues of appeal. project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. 6.Training and Promotion: d. Notices and posters setting forth the contractor's EEO policy a. The contractor will assist in locating,qualifying,and increasing will be placed in areas readily accessible to employees,applicants the skills of minorities and women who are applicants for for employment and potential employees. employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or e. The contractor's EEO policy and the procedures to implement job classification involved. such policy will be brought to the attention of employees by means of meetings,employee handbooks,or other appropriate means. b. Consistent with the contractor's workforce requirements and as permissible under Federal and State regulations,the contractor 4.Recruitment:When advertising for employees,the contractor will shall make full use of training programs,i.e.,apprenticeship,and on- include in all advertisements for employees the notation:"An Equal the-job training programs for the geographical area of contract Opportunity Employer." All such advertisements will be placed in performance. In the event a special provision for training is provided publications having a large circulation among minorities and women under this contract,this subparagraph will be superseded as in the area from which the project work force would normally be indicated in the special provision. The contracting agency may derived. reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). a. The contractor will,unless precluded by a valid bargaining agreement,conduct systematic and direct recruitment through public c. The contractor will advise employees and applicants for and private employee referral sources likely to yield qualified employment of available training programs and entrance minorities and women. To meet this requirement,the contractor will requirements for each. identify sources of potential minority group employees,and establish with such identified sources procedures whereby minority and d. The contractor will periodically review the training and women applicants may be referred to the contractor for employment promotion potential of employees who are minorities and women consideration. and will encourage eligible employees to apply for such training and promotion. b_ In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals,the contractor is 7.Unions: If the contractor relies in whole or in part upon unions as expected to observe the provisions of that agreement to the extent a source of employees,the contractor will use good faith efforts to that the system meets the contractor's compliance with EEO obtain the cooperation of such unions to increase opportunities for contract provisions. Where implementation of such an agreement minorities and women. Actions by the contractor,either directly or has the effect of discriminating against minorities or women,or through a contractor's association acting as agent,will include the obligates the contractor to do the same,such implementation procedures set forth below: violates Federal nondiscrimination provisions. a. The contractor will use good faith efforts to develop,in c. The contractor will encourage its present employees to refer cooperation with the unions,joint training programs aimed toward minorities and women as applicants for employment. Information qualifying more minorities and women for membership in the unions and procedures with regard to referring such applicants will be and increasing the skills of minorities and women so that they may discussed with employees_ qualify for higher paying employment. 5.Personnel Actions:Wages,working conditions,and employee b. The contractor will use good faith efforts to incorporate an EEO benefits shall be established and administered,and personnel clause into each union agreement to the end that such union will be actions of every type,including hiring,upgrading, promotion, contractually bound to refer applicants without regard to their race, transfer,demotion,layoff,and termination,shall be taken without color,religion,sex, national origin,age or disability. regard to race,color,religion,sex, national origin,age or disability. The following procedures shall be followed: c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent a. The contractor will conduct periodic inspections of project sites such information is within the exclusive possession of the labor to insure that working conditions and employee facilities do not union and such labor union refuses to furnish such information to the indicate discriminatory treatment of project site personnel. contractor,the contractor shall so certify to the contracting agency Page 9 of 22 DLA-OB 13-06 August 12,2013 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Language and shall set forth what efforts have been made to obtain such information. (3)The progress and efforts being made in locating,hiring, training,qualifying,and upgrading minorities and women; d. In the event the union is unable to provide the contractor with a reasonable(low of referrals within the time limit set forth in the b. The contractors and subcontractors will submit an annual collective bargaining agreement,the contractor will,through report to the contracting agency each July for the duration of the independent recruitment efforts,fill the employment vacancies project,indicating the number of minority,women,and non-minority without regard to race,color,religion,sex,national origin,age or group employees currently engaged in each work classification disability;making full efforts to obtain qualified and/or qualifiable required by the contract work. This information is to be reported on minorities and women. The failure of a union to provide sufficient Form FHWA-1341. The staffing data should represent the project referrals(even though it is obligated to provide exclusive referrals work force on board in all or any part of the last payroll period under the terms of a collective bargaining agreement)does not preceding the end of July. If on-the-job training is being required by relieve the contractor from the requirements of this paragraph. In special provision,the contractor will be required to collect and report the event the union referral practice prevents the contractor from training data. The employment data should reflect the work force on meeting the obligations pursuant to Executive Order 11246,as board during all or any part of the last payroll period preceding the amended,and these special provisions,such contractor shall end of July. immediately notify the contracting agency. 13. Reasonable Accommodation for Applicants/Employees III.NONSEGREGATED FACILITIES with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act This provision is applicable to all Federal-aid construction contracts and all rules and regulations established there under. Employers and to all related construction subcontracts of$10,000 or more. must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, 9.Selection of Subcontractors,Procurement of Materials and color,religion,sex,or national origin cannot result. The contractor Leasing of Equipment:The contractor shall not discriminate on the may neither require such segregated use by written or oral policies grounds of race,color, religion,sex,national origin,age or disability nor tolerate such use by employee custom. The contractors in the selection and retention of subcontractors,including obligation extends further to ensure that its employees are not procurement of materials and leases of equipment. The contractor assigned to perform their services at any location,under the shall take all necessary and reasonable steps to ensure contractors control,where the facilities are segregated. The term nondiscrimination in the administration of this contract. "facilities"includes waiting rooms,work areas,restaurants and other eating areas, time clocks,restrooms,washrooms,locker rooms,and a. The contractor shall notify all potential subcontractors and other storage or dressing areas,parking lots,drinking fountains, suppliers and lessors of their EEO obligations under this contract, recreation or entertainment areas,transportation,and housing provided for employees. The contractor shall provide separate or b. The contractor will use good faith efforts to ensure single-user restrooms and necessary dressing or sleeping areas to subcontractor compliance with their EEO obligations. assure privacy between sexes. 10. Assurance Required by 49 CFR 26.13(b): IV. DAVIS-BACON AND RELATED ACT PROVISIONS a. The requirements of 49 CFR Part 26 and the State DOT's U.S. This section is applicable to all Federal-aid construction projects DOT-approved DBE program are incorporated by reference. exceeding$2,000 and to all related subcontracts and lower-tier b. The contractor or subcontractor shall not discriminate on the subcontracts(regardless of subcontract size). The requirements basis of race,color, national origin,or sex in the performance of this apply to all projects located within the right-of-way of a roadway that contract. The contractor shall carry out applicable requirements of is functionally classified as Federal-aid highway. This excludes 49 CFR Part 26 in the award and administration of DOT-assisted roadways functionally classified as local roads or rural minor contracts. Failure by the contractor to carry out these requirements collectors,which are exempt. Contracting agencies may elect to is a material breach of this contract,which may result in the apply these requirements to other projects. termination of this contract or such other remedy as the contracting agency deems appropriate. The following provisions are from the U.S.Department of Labor regulations in 29 CFR 5.5"Contract provisions and related matters" 11.Records and Reports:The contractor shall keep such records with minor revisions to conform to the FHWA-1273 format and as necessary to document compliance with the EEO requirements. FHWA program requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection 1. Minimum wages by authorized representatives of the contracting agency and the FHWA. a. All laborers and mechanics employed or working upon the site of the work,will be paid unconditionally and not less often than once a. The records kept by the contractor shall document the a week,and without subsequent deduction or rebate on any account following: (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR (1)The number and work hours of minority and non-minority part 3)),the full amount of wages and bona fide fringe benefits(or group members and women employed in each work classification cash equivalents thereof)due at time of payment computed at rates on the project; not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, (2)The progress and efforts being made in cooperation with regardless of any contractual relationship which may be alleged to unions,when applicable,to increase employment opportunities for exist between the contractor and such laborers and mechanics. minorities and women;and Page 10 of 22 DLA-OB 13-06 August 12,2013 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Language Contributions made or costs reasonably anticipated for bona fide (4)The wage rate(including fringe benefits where appropriate) fringe benefits under section 1(b)(2)of the Davis-Bacon Act on determined pursuant to paragraphs 1.b.(2)or 1.b.(3)of this behalf of laborers or mechanics are considered wages paid to such section,shall be paid to all workers performing work in the laborers or mechanics,subject to the provisions of paragraph 1.d.of classification under this contract from the first day on which work this section;also,regular contributions made or costs incurred for is performed in the classification more than a weekly period(but not less often than quarterly)under plans,funds,or programs which cover the particular weekly period, c.Whenever the minimum wage rate prescribed in the contract for are deemed to be constructively made or incurred during such a class of laborers or mechanics includes a fringe benefit which is weekly period.Such laborers and mechanics shall be paid the not expressed as an hourly rate,the contractor shall either pay the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard skill,except as provided in 29 CFR 5.5(a)(4).Laborers or mechanics benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof, performing work in more than one classification may be compensated at the rate specified for each classification for the time d. If the contractor does not make payments to a trustee or other actually worked therein:Provided,That the employer's payroll third person,the contractor may consider as part of the wages of records accurately set forth the time spent in each classification in any laborer or mechanic the amount of any costs reasonably which work is performed.The wage determination(including any anticipated in providing bona fide fringe benefits under a plan or additional classification and wage rates conformed under paragraph program, Provided,That the Secretary of Labor has found,upon the Il.b.of this section)and the Davis-Bacon poster(WH-1321)shall be written request of the contractor,that the applicable standards of the posted at all times by the contractor and its subcontractors at the Davis-Bacon Act have been met.The Secretary of Labor may site of the work in a prominent and accessible place where it can be require the contractor to set aside in a separate account assets for easily seen by the workers. the meeting of obligations under the plan or program. b. (1)The contracting officer shall require that any class of 2. Withholding laborers or mechanics,including helpers,which is not listed in the wage determination and which is to be employed under the contract The contracting agency shall upon its own action or upon written shall be classified in conformance with the wage determination.The request of an authorized representative the Department written Labor, contracting officer shall approve additional classification and withhold or cause to be withheld from the contractor under this wage rate and fringe benefits therefore only when the following criteria have been met: contract,or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject to Davis- Bacon prevailing wage requirements,which is held by the same (i)The work to be performed by the classification requested is prime contractor,so much of the accrued payments or advances as not performed by a classification in the wage determination;and may be considered necessary to pay laborers and mechanics, including apprentices,trainees,and helpers,employed by the (ii)The classification is utilized in the area by the construction contractor or any subcontractor the full amount of wages required by industry;and 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, (iii)The proposed wage rate, including any bona fide fringe the contracting agency may,after written notice to the contractor, benefits,bears a reasonable relationship to the wage rates take such action as may be necessary to cause the suspension of contained in the wage determination. any further payment,advance,or guarantee of funds until such violations have ceased. (2)If the contractor and the laborers and mechanics to be employed in the classification(if known),or their representatives, 3. Payrolls and basic records and the contracting officer agree on the classification and wage rate(including the amount designated for fringe benefits where a. Payrolls and basic records relating thereto shall be maintained appropriate),a report of the action taken shall be sent by the by the contractor during the course of the work and preserved for a contracting officer to the Administrator of the Wage and Hour period of three years thereafter for all laborers and mechanics Division,Employment Standards Administration,U.S.Department working at the site of the work.Such records shall contain the name, of Labor,Washington, DC 20210.The Administrator,or an authorized representative,will approve,modify,or disapprove address,and social security number of each such worker,his or her every additional classification action within 30 days of receipt and correct classification,hourly rates of wages paid(including rates of so advise the contracting officer or will notify the contracting officer contributions or costs anticipated for bona fide fringe benefits or within the 30-day period that additional time is necessary. cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act),daily and weekly number of hours worked, deductions made and actual wages paid.Whenever the Secretary of (3)In the event the contractor,the laborers or mechanics to be Labor has found under 29 CFR 5.5(a)(1)(iv)that the wages of any employed in the classification or their representatives,and the laborer or mechanic include the amount of any costs reasonably contracting officer do not agree on the proposed classification and anticipated in providing benefits under a plan or program described wage rate(including the amount designated for fringe benefits, in section 1(b)(2)(B)of the Davis-Bacon Act,the contractor shall Mere appropriate),the contracting officer shall refer the maintain records which show that the commitment to provide such questions,including the views of all interested parties and the benefits is enforceable,that the plan or program is financially recommendation of the contracting officer,to the Wage and Hour responsible,and that the plan or program has been communicated Administrator for determination.The Wage and Hour in writing to the laborers or mechanics affected,and records which Administrator,or an authorized representative,will issue a show the costs anticipated or the actual cost incurred in providing determination within 30 days of receipt and so advise the such benefits.Contractors employing apprentices or trainees under contracting officer or will notify the contracting officer within the 30- approved programs shall maintain written evidence of the day period that additional time is necessary. registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and trainees,and the ratios and wage rates prescribed in the applicable programs. Page 11 of 22 DLA-OB 13-06 August 12,2013 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Language b. (1)The contractor shall submit weekly for each week in which contracting agency or the State DOT,take such action as may be any contract work is performed a copy of all payrolls to the necessary to cause the suspension of any further payment, contracting agency. The payrolls submitted shall set out accurately advance,or guarantee of funds. Furthermore,failure to submit the and completely all of the information required to be maintained required records upon request or to make such records available under 29 CFR 5.5(a)(3)(i),except that full social security numbers may be grounds for debarment action pursuant to 29 CFR 5.12. and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually 4. Apprentices and trainees identifying number for each employee(e.g.,the last four digits of the employee's social security number).The required weekly payroll information may be submitted in any form desired.Optional Form a.Apprentices(programs of the USDOL). WH-347 is available for this purpose from the Wage and Hour Division Web site athti Apprentices will be permitted to work at less than the predetermined site. he p dot.go ntr actor is responsible fosthe s or its successor rate for the work they performed when they are employed pursuant site.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.Contractors and to and individually registered in a bona fide apprenticeship program subcontractors shall maintain the full social security number and registered with the U.S.Department of Labor,Employment and current address of each covered worker,and shall provide them Training Administration,Office of Apprenticeship Training,Employer upon request to the contracting agency for transmission to the State and Labor Services,or with a State Apprenticeship Agency DOT,the FHWA or the Wage and Hour Division of the Department recognized by the Office,or if a person is employed in his or her first of Labor for purposes of an investigation or audit of compliance with 90 days of probationary employment as an apprentice in such an prevailing wage requirements.It is not a violation of this section for a apprenticeship program,who is not individually registered in the prime contractor to require a subcontractor to provide addresses program,but who has been certified by the Office of Apprenticeship and social security numbers to the prime contractor for its own Training, Employer and Labor Services or a State Apprenticeship records,without weekly submission to the contracting agency.. Agency(where appropriate)to be eligible for probationary employment as an apprentice. (2)Each payroll submitted shall be accompanied by a"Statement of The allowable ratio of apprentices to joumeymen on the job site in o permitted to Compliance,"signed by the contractor or subcontractor or his or her any craft classification shall not es greater than the ratio agent who pays or supervises the payment of the persons employed the contractor as to the entire work force under the registered under the contract and shall certify the following: program.Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above,shall (i)That the payroll for the payroll period contains the be paid not less than the applicable wage rate on the wage information required to be provided under§5.5(a)(3)(ii)of determination for the classification of work actually performed.In Regulations,29 CFR part 5,the appropriate information is being addition,any apprentice performing work on the job site in excess of maintained under§5.5(a)(3)(i)of Regulations,29 CFR part 5, the ratio permitted under the registered program shall be paid not and that such information is correct and complete: less than the applicable wage rate on the wage determination for the work actually performed.Where a contractor is performing (ii)That each laborer or mechanic(including each helper, construction on a project in a locality other than that in which its apprentice,and trainee)employed on the contract during the program is registered,the ratios and wage rates(expressed in payroll period has been paid the full weekly wages earned, percentages of the journeyman's hourly rate)specified in the without rebate,either directly or indirectly,and that no contractor's or subcontractor's registered program shall be deductions have been made either directly or indirectly from the observed. full wages earned,other than permissible deductions as set forth in Regulations,29 CFR part 3; Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, (iii)That each laborer or mechanic has been paid not less expressed as a percentage of the journeymen hourly rate specified than the applicable wage rates and fringe benefits or cash in the applicable wage determination.Apprentices shall be paid equivalents for the classification of work performed,as specified fringe benefits in accordance with the provisions of the in the applicable wage determination incorporated into the apprenticeship program. If the apprenticeship program does not contract. specify fringe benefits,apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice (3)The weekly submission of a properly executed certification prevails for the applicable apprentice classification,fringes shall be set forth on the reverse side of Optional Form WH-347 shall paid in accordance with that determination. satisfy the requirement for submission of the"Statement of Compliance"required by paragraph 3.b.(2)of this section. In the event the Office of Apprenticeship Training,Employer and Labor Services,or a State Apprenticeship Agency recognized by the (4)The falsification of any of the above certifications may Office,withdraws approval of an apprenticeship program,the subject the contractor or subcontractor to civil or criminal contractor will no longer be permitted to utilize apprentices at less prosecution under section 1001 of title 18 and section 231 of title than the applicable predetermined rate for the work performed until 31 of the United States Code. an acceptable program is approved. C.The contractor or subcontractor shall make the records required b.Trainees(programs of the USDOL). under paragraph 3.a.of this section available for inspection, copying,or transcription by authorized representatives of the Except as provided in 29 CFR 5 16,trainees will not be permitted to contracting agency,the State DOT,the FHWA, or the Department work at less than the predetermined rate for the work performed of Labor,and shall permit such representatives to interview unless they are employed pursuant to and individually registered in employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them a program which has received prior approval,evidenced formal available,the FHWA may,after written notice to the contractor,the certification by the U.S.Department of Labor,Employmentt and Training Administration. Page 12 of 22 DLA-OB 13-06 August 12,2013 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Language The ratio of trainees to journeymen on the job site shall not be S.Disputes concerning labor standards.Disputes arising out of greater than permitted under the plan approved by the Employment the labor standards provisions of this contract shall not be subject to and Training Administration. the general disputes clause of this contract.Such disputes shall be resolved in accordance with the procedures of the Department of Every trainee must be paid at not less than the rate specified in the Labor set forth in 29 CFR parts 5,6,and 7. Disputes within the approved program for the trainee's level of progress,expressed as a meaning of this clause include disputes between the contractor(or percentage of the journeyman hourly rate specified in the applicable any of its subcontractors)and the contracting agency,the U.S. wage determination.Trainees shall be paid fringe benefits in Department of Labor,or the employees or their representatives. accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits,trainees shall be paid the 10.Certification of eligibility. full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines a By entering into this contract,the contractor certifies that neither it corresponding that there is gg apprenticeship program journeyman wage rate on the associated with the wage determination (nor he or she)nor any person or firm who has an interest in the he which provides for less than full fringe benefits for apprentices.Any contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a)of the Davis-Bacon employee listed on the payroll at a trainee rate who is not registered Act or 29 CFR 5.12(a)(1). and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work b. No part of this contract shall be subcontracted to any person or actually performed. In addition,any trainee performing work on the firm ineligible for award of a Government contract by virtue of job site in excess of the ratio permitted under the registered program section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. C.The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. In the event the Employment and Training Administration withdraws approval of a training program,the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT C.Equal employment opportunity.The utilization of apprentices, The following clauses apply to any Federal-aid construction contract trainees and journeymen under this part shall be in conformity with in an amount in excess of$100,000 and subject to the overtime the equal employment opportunity requirements of Executive Order provisions of the Contract Work Hours and Safety Standards Act. 11246,as amended,and 29 CFR part 30. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As used in this paragraph,the terms laborers and mechanics include watchmen and guards. d. Apprentices and Trainees(programs of the U.S.DOT). 1.Overtime requirements. No contractor or subcontractor Apprentices and trainees working under apprenticeship and skill contracting for any part of the contract work which may require or training programs which have been certified by the Secretary of involve the employment of laborers or mechanics shall require or Transportation as promoting EEO in connection with Federal-aid permit any such laborer or mechanic in any workweek in which he or highway construction programs are not subject to the requirements she is employed on such work to work in excess of forty hours in of paragraph 4 of this Section IV.The straight time hourly wage such workweek unless such laborer or mechanic receives rates for apprentices and trainees under such programs will be compensation at a rate not less than one and one-half limes the established by the particular programs.The ratio of apprentices and basic rate of pay for all hours worked in excess of forty hours in such trainees to journeymen shall not be greater than permitted by the workweek. terms of the particular program. 2.Violation; liability for unpaid wages;liquidated damages. In 5.Compliance with Copeland Act requirements. The contractor the event of any violation of the clause set forth in paragraph(1.)of shall comply with the requirements of 29 CFR part 3,which are this section,the contractor and any subcontractor responsible incorporated by reference in this contract. therefor shall be liable for the unpaid wages. In addition,such contractor and subcontractor shall be liable to the United States(in B.Subcontracts. The contractor or subcontractor shall insert Form the case of work done under contract for the District of Columbia or FHWA-1273 in any subcontracts and also require the subcontractors a territory,to such District or to such territory),for liquidated to include Form FHWA-1273 in any lower tier subcontracts.The damages.Such liquidated damages shall be computed with respect prime contractor shall be responsible for the compliance by any to each individual laborer or mechanic,including watchmen and subcontractor or lower tier subcontractor with all the contract guards,employed in violation of the clause set forth in paragraph clauses in 29 CFR 5.5. (1.)of this section,in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime T.Contract termination:debarment. A breach of the contract wages required by the clause set forth in paragraph(1.)of this clauses in 29 CFR 5.5 may be grounds for termination of the section. contract,and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 3.Withholding for unpaid wages and liquidated damages.The FHWA or the contacting agency shall upon its own action or upon S.Compliance with Davis-Bacon and Related Act requirements. written request of an authorized representative of the Department of All rulings and interpretations of the Davis-Bacon and Related Acts Labor withhold or cause to be withheld,from any moneys payable contained in 29 CFR parts 1,3,and 5 are herein incorporated by on account of work performed by the contractor or subcontractor reference in this contract. under any such contract or any other Federal contract with the same Page 13 of 22 DLA-OB 13-06 August 12,2013 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Language prime contractor,or any other federally-assisted contract subject to requirements,and is in charge of all construction operations the Contract Work Hours and Safety Standards Act,which is held by (regardless of who performs the work)and(b)such other of its own the same prime contractor,such sums as may be determined to be organizational resources(supervision,management,and necessary to satisfy any liabilities of such contractor or engineering services)as the contracting officer determines is subcontractor for unpaid wages and liquidated damages as provided necessary to assure the performance of the contract. in the clause set forth in paragraph(2.)of this section. 4. No portion of the contract shall be sublet,assigned or otherwise 4.Subcontracts. The contractor or subcontractor shall insert in any disposed of except with the written consent of the contracting officer, subcontracts the clauses set forth in paragraph(1.)through(4.)of or authorized representative,and such consent when given shall not this section and also a clause requiring the subcontractors to include be construed to relieve the contractor of any responsibility for the these clauses in any lower tier subcontracts.The prime contractor fulfillment of the contract. Written consent will be given only after shall be responsible for compliance by any subcontractor or lower the contracting agency has assured that each subcontract is tier subcontractor with the clauses set forth in paragraphs(1.) evidenced in writing and that it contains all pertinent provisions and through(4.)of this section. requirements of the prime contract. 5.The 30%self-performance requirement of paragraph(1)is not applicable to design-build contracts;however,contracting agencies may establish their own self-performance requirements. VI.SUBLETTING OR ASSIGNING THE CONTRACT VII.SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal-aid construction contracts This provision is applicable to all Federal-aid construction contracts on the National Highway System. and to all related subcontracts. 1.The contractor shall perform with its own organization contract 1. In the performance of this contract the contractor shall comply work amounting to not less than 30 percent(or a greater percentage with all applicable Federal,State,and local laws governing safety, if specified elsewhere in the contract)of the total original contract health,and sanitation(23 CFR 635).The contractor shall provide all price,excluding any specialty items designated by the contracting safeguards,safety devices and protective equipment and take any agency. Specialty items may be performed by subcontract and the other needed actions as it determines,or as the contracting officer amount of any such specialty items performed may be deducted may determine,to be reasonably necessary to protect the life and from the total original contract price before computing the amount of health of employees on the job and the safety of the public and to work required to be performed by the contractors own organization protect property in connection with the performance of the work (23 CFR 635.116). covered by the contract. a. The term"perform work with its own organization"refers to 2. It is a condition of this contract,and shall be made a condition of workers employed or leased by the prime contractor,and equipment each subcontract,which the contractor enters into pursuant to this owned or rented by the prime contractor,with or without operators. contract,that the contractor and any subcontractor shall not permit Such term does not include employees or equipment of a any employee,in performance of the contract,to work in subcontractor or lower tier subcontractor,agents of the prime surroundings or under conditions which are unsanitary,hazardous contractor,or any other assignees. The term may include payments or dangerous to his/her health or safety,as determined under for the costs of hiring leased employees from an employee leasing construction safety and health standards(29 CFR 1926) firm meeting all relevant Federal and State regulatory requirements. promulgated by the Secretary of labor,in accordance with Section Leased employees may only be included in this term if the prime 107 of the Contract Work Hours and Safety Standards Act(40 contractor meets all of the following conditions: U.S.C.3704). (1)the prime contractor maintains control over 3. Pursuant to 29 CFR 1926.3,it is a condition of this contract that the supervision of the day-to-day activities of the leased employees; the Secretary of Labor or authorized representative thereof,shall (2)the prime contractor remains responsible for the quality of have right of entry to any site of contract performance to inspect or the work of the leased employees; investigate the matter of compliance with the construction safety and (3)the prime contractor retains all power to accept or exclude health standards and to carry out the duties of the Secretary under individual employees from work on the project;and Section 107 of the Contract Work Hours and Safety Standards Act (4)the prime contractor remains ultimately responsible for the (40 U.S.C.3704). payment of predetermined minimum wages,the submission of payrolls,statements of compliance and all other Federal regulatory requirements. Vill.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS b."Specialty Items"shall be construed to be limited to work that This provision is applicable to all Federal-aid construction contracts requires highly specialized knowledge,abilities,or equipment not and to all related subcontracts. ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in In order to assure high quality and durable construction in general are to be limited to minor components of the overall conformity with approved plans and specifications and a high degree contract. of reliability on statements and representations made by engineers, contractors,suppliers,and workers on Federal-aid highway projects, 2.The contract amount upon which the requirements set forth in it is essential that all persons concerned with the project perform paragraph(1)of Section VI is computed includes the cost of material their functions as carefully,thoroughly,and honestly as possible. and manufactured products which are to be purchased or produced Willful falsification,distortion,or misrepresentation with respect to by the contractor under the contract provisions. any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these 3.The contractor shall furnish(a)a competent superintendent or and similar acts,Form FHWA-1022 shall be posted on each supervisor who is employed by the firm,has full authority to direct Federal-aid highway project(23 CFR 635)in one or more places performance of the work in accordance with the contract Page 14 of 22 DLA-OB 13-06 August 12,2013 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Language where it is readily available to all persons concerned with the b.The inability of a person to provide the certification set out project: below will not necessarily result in denial of participation in this covered transaction.The prospective first tier participant shall submit an explanation of why it cannot provide the certification set 18 U.S.C. 1020 reads as follows: out below.The certification or explanation will be considered in connection with the department or agency's determination whether "Whoever,being an officer,agent,or employee of the United to enter into this transaction.However,failure of the prospective first States,or of any State or Territory,or whoever,whether a person, tier participant to furnish a certification or an explanation shall association,firm,or corporation,knowingly makes any false disqualify such a person from participation in this transaction. statement,false representation,or false report as to the character, quality,quantity,or cost of the material used or to be used,or the c.The certification in this dause is a material representation of quantity or quality of the work performed or to be performed,or the fact upon which reliance was placed when the contracting agency cost thereof in connection with the submission of plans,maps, determined to enter into this transaction. If it is later determined that specifications,contracts,or costs of construction on any highway or the prospective participant knowingly rendered an erroneous related project submitted for approval to the Secretary of certification,in addition to other remedies available to the Federal Transportation;or Government,the contracting agency may terminate this transaction for cause of default. Whoever knowingly makes any false statement,false representation,false report or false claim with respect to the d.The prospective first tier participant shall provide immediate character,quality,quantity,or cost of any work performed or to be written notice to the contracting agency to whom this proposal is performed,or materials furnished or to be furnished,in connection submitted if any time the prospective first tier participant learns that with the construction of any highway or related project approved by its certification was erroneous when submitted or has become the Secretary of Transportation;or erroneous by reason of changed circumstances. Whoever knowingly makes any false statement or false e.The terms"covered transaction,""debarred,""suspended," representation as to material fact in any statement,certificate,or "ineligible,""participant,""person," "principal,"and"voluntarily report submitted pursuant to provisions of the Federal-aid Roads Act excluded,"as used in this clause,are defined in 2 CFR Parts 180 approved July 1, 1916,(39 Stat.355),as amended and and 1200. "First Tier Covered Transactions"refers to any covered supplemented; transaction between a grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Shall be fined under this title or imprisoned not more than 5 years Covered Transactions"refers to any covered transaction under a or both." First Tier Covered Transaction(such as subcontracts). "First Tier Participant"refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds(such as IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL the prime or general contractor). "Lower Tier Participant"refers any WATER POLLUTION CONTROL ACT participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants(such as This provision is applicable to all Federal-aid construction contracts subcontractors and suppliers). and to all related subcontracts. f.The prospective first tier participant agrees by submitting this By submission of this bid/proposal or the execution of this contract, proposal that,should the proposed covered transaction be entered or subcontract,as appropriate,the bidder,proposer,Federal-aid into,it shall not knowingly enter into any lower tier covered construction contractor,or subcontractor,as appropriate,will be transaction with a person who is debarred,suspended,declared deemed to have stipulated as follows: ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency entering 1.That any person who is or will be utilized in the performance of into this transaction. this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the g.The prospective first tier participant further agrees by Clean Air Act. submitting this proposal that it will include the clause titled 2.That the contractor agrees to include or cause to be included the "Certification Regarding Debarment,Suspension, Ineligibility and requirements of paragraph(1)of this Section X in every subcontract, Voluntary Exclusion-Lower Tier Covered Transactions,"provided by and further agrees to take such action as the contracting agency the department or contracting agency,entering into this covered may direct as a means of enforcing such requirements. transaction,without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the$25,000 threshold. X.CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION h.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered This provision is applicable to all Federal-aid construction contracts, transaction that is not debarred,suspended,ineligible,or voluntarily design-build contracts,subcontracts,lower-tier subcontracts, excluded from the covered transaction,unless it knows that the purchase orders,lease agreements,consultant contracts or any certification is erroneous. A participant is responsible for ensuring other covered transaction requiring FHWA approval or that is that its principals are not suspended,debarred,or otherwise estimated to cost$25,000 or more— as defined in 2 CFR Parts 180 ineligible to participate in covered transactions. To verify the and 1200. eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each participant may,but is not required to, check the Excluded Parties List System website (htrys::;www epis gov),which is compiled by the General Services 1.Instructions for Certification—First Tier Participants: Administration. a. By signing and submitting this proposal,the prospective first i. Nothing contained in the foregoing shall be construed to require tier participant is providing the certification set out below. the establishment of a system of records in order to render in good faith the certification required by this clause.The knowledge and Page 15 of 22 DLA-OB 13-06 August 12,2013 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Language information of the prospective participant is not required to exceed and 1200. You may contact the person to which this proposal is that which is normally possessed by a prudent person in the submitted for assistance in obtaining a copy of those regulations. ordinary course of business dealings. "First Tier Covered Transactions"refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant j.Except for transactions authorized under paragraph(f)of these (such as the prime or general contract). "Lower Tier Covered instructions,if a participant in a covered transaction knowingly Transactions"refers to any covered transaction under a First Tier enters into a lower tier covered transaction with a person who is Covered Transaction(such as subcontracts). "First Tier Participant' suspended,debarred,ineligible,or voluntarily excluded from refers to the participant who has entered into a covered transaction participation in this transaction,in addition to other remedies with a grantee or subgrantee of Federal funds(such as the prime or available to the Federal Government,the department or agency may general contractor). "Lower Tier Participant"refers any participant terminate this transaction for cause or default. who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). 2. Certification Regarding Debarment,Suspension,Ineligibility e.The prospective lower tier participant agrees by submitting this and Voluntary Exclusion—First Tier Participants: proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into any lower tier covered a. The prospective first tier participant certifies to the best of its transaction with a person who is debarred,suspended,declared knowledge and belief,that it and its principals: ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency with (1) Are not presently debarred,suspended,proposed for which this transaction originated. debarment,declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal department or f.The prospective lower tier participant further agrees by agency; submitting this proposal that it will include this clause titled "Certification Regarding Debarment,Suspension,Ineligibility and (2) Have not within a three-year period preceding this proposal Voluntary Exclusion-Lower Tier Covered Transaction,"without been convicted of or had a civil judgment rendered against them for modification,in all lower tier covered transactions and in all commission of fraud or a criminal offense in connection with solicitations for lower tier covered transactions exceeding the obtaining,attempting to obtain,or performing a public(Federal, $25,000 threshold. State or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of g.A participant in a covered transaction may rely upon a embezzlement,theft,forgery,bribery,falsification or destruction of certification of a prospective participant in a lower tier covered records,making false statements,or receiving stolen property; transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the (3) Are not presently indicted for or otherwise criminally or civilly certification is erroneous A participant is responsible for ensuring charged by a governmental entity(Federal,State or local)with that its principals are not suspended,debarred,or otherwise commission of any of the offenses enumerated in paragraph(a)(2) ineligible to participate in covered transactions. To verify the of this certification;and eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each participant may,but is not required to, (4) Have not within a three-year period preceding this check the Excluded Parties List System website application/proposal had one or more public transactions(Federal, (https-//www.gpis gov/),which is compiled by the General Services State or local)terminated for cause or default. Administration. b. Where the prospective participant is unable to certify to any of h.Nothing contained in the foregoing shall be construed to require the statements in this certification,such prospective participant shall establishment of a system of records in order to render in good faith attach an explanation to this proposal. the certification required by this clause.The knowledge and information of participant is not required to exceed that which is 2.Instructions for Certification-Lower Tier Participants: normally possessed by a prudent person in the ordinary course of business dealings. (Applicable to all subcontracts,purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost i.Except for transactions authorized under paragraph a of these $25,000 or more-2 CFR Parts 180 and 1200) instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is a.By signing and submitting this proposal,the prospective lower suspended,debarred,ineligible,or voluntarily excluded from tier is providing the certification set out below. participation in this transaction,in addition to other remedies available to the Federal Government,the department or agency with b.The certification in this clause is a material representation of which this transaction originated may pursue available remedies, fact upon which reliance was placed when this transaction was including suspension and/or debarment. entered into.If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in addition ""' to other remedies available to the Federal Government,the department,or agency with which this transaction originated may Certification Regarding Debarment,Suspension,Ineligibility pursue available remedies,including suspension and/or debarment. and Voluntary Exclusion--Lower Tier Participants: c.The prospective lower tier participant shall provide immediate 1.The prospective lower tier participant certifies,by submission of written notice to the person to which this proposal is submitted if at this proposal,that neither it nor its principals is presently debarred, any time the prospective lower tier participant learns that its suspended,proposed for debarment,declared ineligible,or certification was erroneous by reason of changed circumstances. voluntarily excluded from participating in covered transactions by any Federal department or agency. d.The terms"covered transaction,""debarred,""suspended," "ineligible,""participant,""person,""principal,"and"voluntarily excluded,"as used in this clause,are defined in 2 CFR Parts 180 Page 16 of 22 DLA-013 13-06 August 12,2013 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Language 2.Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. XI.CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed$100,000(49 CFR 20). 1.The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief, that: a.Into Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment, or modification of any Federal contract,grant,loan,or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract, grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 2.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. 3.The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts,which exceed $100,000 and that all such recipients shall certify and disclose accordingly. Page 17 of 22 DLA-OB 13-06 August 12,2013 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Language 12. FEMALE AND MIONORITY GOALS To comply with Section II, "Nondiscrimination," of"Required Contract Provisions Federal-Aid Construction Contracts,"the following are goals for female and minority utilization goals for Federal-aid construction contracts and subcontracts that exceed$10,000: The nationwide goal for female utilization is 6.9 percent. The goals for minority utilization [45 Fed Reg 65984(10/3/1980)] are as follows: MINORITY UTILIZATION GOALS Goal Economic Area (Percent Redding CA: 174 Non-SMSA(Standard Metropolitan Statistical Area)Counties: 6.8 CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama Eureka,CA 175 Non-SMSA Counties: 6.6 CA Del Norte; CA Humboldt; CA Trinity San Francisco-Oakland-San Jose,CA: SMSA Counties: 7120 Salinas-Seaside-Monterey,CA 28.9 CA Monterey 7360 San Francisco-Oakland 25.6 CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo 7400 San Jose, CA 176 CA Santa Clara, CA 19.6 7485 Santa Cruz,CA CA Santa Cruz 14.9 7500 Santa Rosa CA Sonoma 9.1 8720 Vallejo-Fairfield-Napa,CA CA Napa; CA Solano 17.1 Non-SMSA Counties: CA Lake; CA Mendocino; CA San Benito 23.2 Sacramento, CA: SMSA Counties: 6920 Sacramento, CA 16.1 177 CA Placer; CA Sacramento; CA Yolo Non-SMSA Counties 14.3 CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba Stockton-Modesto,CA: SMSA Counties: 5170 Modesto,CA 12.3 178 CA Stanislaus 8120 Stockton,CA 24.3 CA San Joaquin Non-SMSA Counties 19.8 CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne Page 18 of 22 DLA-OB 13-06 August 12,2013 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Language Fresno-Bakersfield,CA SMSA Counties: 0680 Bakersfield,CA 19.1 179 CA Kern 2840 Fresno,CA 26.1 CA Fresno Non-SMSA Counties: 23.6 CA Kings; CA Madera, CA Tulare Los Angeles, CA: SMSA Counties: 0360 Anaheim-Santa Ana-Garden Grove, CA 11.9 CA Orange 4480 Los Angeles-Long Beach, CA 28.3 CA Los Angeles 180 6000 Oxnard-Simi Valley-Ventura, CA 21.5 CA Ventura 6780 Riverside-San Bernardino-Ontario,CA 19.0 CA Riverside; CA San Bernardino 7480 Santa Barbara-Santa Maria-Lompoc, CA 19.7 CA Santa Barbara Non-SMSA Counties 24.6 CA In o; CA Mono; CA San Luis Obispo San Diego,CA: SMSA Counties 181 7320 San Diego, CA 16.9 CA San Diego Non-SMSA Counties 18.2 CA Imperial For each July during which work is performed under the contract,you and each non material-supplier subcontractor with a subcontract of$10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15. 13. FEDERAL TRAINEE PROGRAM For the Federal training program,the number of trainees or apprentices is This section applies if a number of trainees or apprentices is specified in the special provisions. As part of your equal opportunity affirmative action program,provide on-the-job training to develop full journeymen in the types of trades or job classifications involved. You have primary responsibility for meeting this training requirement. If you subcontract a contract part,determine how many trainees or apprentices are to be trained by the subcontractor. Include these training requirements in your subcontract. Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1 st year of apprenticeship or training. Distribute the number of apprentices or trainees among the work classifications on the basis of your needs and the availability of journeymen in the various classifications within a reasonable recruitment area. Before starting work, submit to the City/County of Page 19 of 22 DLA-013 13-06 August 12,2013 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Language 1. Number of apprentices or trainees to be trained for each classification 2. Training program to be used 3. Training starting date for each classification Obtain the City/County's of approval for this submitted information before you start work. The City/County of credits you for each apprentice or trainee you employ on the work who is currently enrolled or becomes enrolled in an approved program. The primary objective of this section is to train and upgrade minorities and women toward journeymen status. Make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees,to the extent they are available within a reasonable recruitment area. Show that you have made the efforts. In making these efforts, do not discriminate against any applicant for training. Do not employ as an apprentice or trainee an employee: 1. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman 2. Who is not registered in a program approved by the US Department of Labor,Bureau of Apprenticeship and Training Ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. Your records must show the employee's answers to the questions. In your training program, establish the minimum length and training type for each classification. The City/County of and FHWA approves a program if one of the following is met: 1. It is calculated to: ■ Meet the your equal employment opportunity responsibilities ■ Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period 2. It is registered with the U.S. Department of Labor,Bureau of Apprenticeship and Training, and it is administered in a way consistent with the equal employment responsibilities of Federal-aid highway construction contracts Obtain the State's approval for your training program before you start work involving the classification covered by the program. Provide training in the construction crafts,not in clerk-typist or secretarial-type positions. Training is allowed in lower level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications.Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training. The City/County of reimburses you 80 cents per hour of training given an employee on this contract under an approved training program: 1. For on-site training 2. For off-site training if the apprentice or trainee is currently employed on a Federal-aid project and you do at least one of the following: ■ Contribute to the cost of the training ■ Provide the instruction to the apprentice or trainee ■ Pay the apprentice's or trainee's wages during the off-site training period 3. If you comply this section. Page 20 of 22 DLA-OB 13-06 August 12,2013 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Language Each apprentice or trainee must: 1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill 2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentice or trainee has completed the training program Furnish the apprentice or trainee: 1. Copy of the program you will comply with in providing the training 2. Certification showing the type and length of training satisfactorily completed 14. TITLE VI ASSURANCES During the performance of this Agreement,the contractor, for itself, its assignees and successors in interest(hereinafter collectively referred to as CONTRACTOR) agrees as follows: (1) Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. (2) Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex,national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Sub-agreements, Including Procurements of Materials and EgWpment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR'S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color,or national origin. (4) Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books,records, accounts,other sources of information, and its facilities as may be determined by the California Department of Transportation or FHWA to be pertinent to ascertain compliance with such Regulations or directives.Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the California Department of Transportation or the FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information. (5) Sanctions for Noncompliance: In the event of CONTRACTOR's noncompliance with the nondiscrimination provisions of this agreement,the California Department of Transportation shall impose such agreement sanctions as it or the FHWA may determine to be appropriate,including,but not limited to: (a) withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time,not to exceed 90 days; and/or (b) cancellation,termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs(1)through (6) in every sub-agreement, including procurements of materials and leases of equipment,unless exempt by the Regulations,or directives issued pursuant thereto. Page 21 of 22 DLA-OB 13-06 August 12,2013 Local Assistance Procedures Manual Exhibit 12-G Required Federal-aid Contract Language CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the California Department of Transportation or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance,provided,however,that, in the event CONTRACTOR becomes involved in,or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONTRACTOR may request the California Department of Transportation enter into such litigation to protect the interests of the State, and, in addition,CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS SECTION Page 22 of 22 DLA-OB 13-06 August 12,2013 PART II SPECIAL PROVISIONS Specific for this Project PART II SPECIAL PROVISIONS - SPECIFIC FOR THIS PROJECT II-1.01 Scope of Work—The City of Vernon,Ca,Fire Department, invites bids from qualified contractors to furnish one (1) Haz-Mat and USAR Mobile Training Facility. This mobile facility must be compliant with the Urban Area Strategic Initiative(UASI)and the Homeland Security Grant Program(HSGP),which will fund this project. 1. Contractor shall build and install a three (3) story Regional Training Facility, constructed from thirteen (13) 8'X8.5'X40' International Organization for Standardization (ISO) containers, to include Urban Search& Rescue and integrated Hazardous Material live fire burn, spill, leak, and vapor release mitigation props. 2. This is an engineer, design, construct and deliver type specification. It is not the intention of the City to disqualify vendors or manufacturers of similar or equal equipment of the types specified. It should be noted that the specifications are written around specific needs of the Vernon Fire Department and the surrounding region. 3. Models included in the specifications are for reference only to indicate level of quality and required service functions. There is no intention to limit this request to any one model. 4. Site preparation where the mobile facility will be assembled for use will be the responsibility of the City of Vernon. 5. Mobile Facilities manufactured outside of the United States will not be considered. II-1.02 Length of Contract—All work in this project shall be completed within 180(one-hundred-eighty) calendar days as specified in the Bidder's Proposal. II-1.03 Specifications — Office Improvements shall conform to the Part 1 — General Provisions of the "GREENBOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (2015 Edition). The AMERICAN INSTITUTE OF ARCHITECT SPECIFICATIONS shall be used as the specifications for any work not specifically provided for in the project manual for tenant improvements. II-1.04 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 is hereby deleted and the following paragraph shall be inserted in its place: No extension of time will be granted for a delay caused by the inability of the Contractor to obtain materials,equipment and labor,except as authorized by the City Engineer.The length of contract time stipulated includes any time which may be required to obtain materials, equipment and labor, and the Contractor in submitting a bid shall be deemed to have ascertained the availability of materials, equipment and labor and considered same in his proposed construction schedule. II-1.05 Ouality of Work—The provisions of Section 4-1.1 entitled "Materials and Workmanship" of the Standard Specifications (2015) shall apply. In addition, any work deemed unacceptable by the City 1I-1 SPECIAL PROVISIONS Engineer, whether a cause is determined or not shall be repaired or replaced by the Contractor at his expense. II-1.06 Liquidated Damages—In accordance with Section 6-9 of the Standard Specifications(204-22 0 1 5), 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 (204-22015), the Contractor shall pay to the City, or have withheld from monies due it,the sum of 1 500.00. II-2.01 Scheduling of Work—The Contractor shall submit his/her 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 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 48 hours' notice to the City Engineer prior to the start of the work. II-2.02 Construction Hours—The type of work below will have time restrictions as followed: All work shall occur Monday thru Friday between the hours of 8:30 a.m.—5:30 p.m. Weekend work will be allowed upon approval of the City Engineer II-3.01 Phasing of Work—Phase I will consist of$200,000 funded by the 2013 SHSGP Grant. Phases 11 and III will be funded through the 2014 SHSGP Grant at $300,000 and the 2014 UASI Grant Program at $300,000. II-3.02 Traffic Requirements—Before any partial or total closure of any street,the Contractor,its agents, or employees 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. II-4.01 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: a. Work by the Contractor:The following percentages shall be added to the Contractor's cost and shall constitute the markup for all overhead and profits: 1. Labor 20% 2. Materials 15% 3. Equipment Rental 15% 4. Other Items and Expenditures 15% b. Work by the 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 5-percent on work in excess of$5,000 may be added by the Contractor. 11-2 SPECIAL PROVISIONS II-4.02 Compliance with Laws.ReLrulations 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-4.03 Notification of Affected Residents/Businesses — The Contractor shall be responsible for distribution of the general information letter of the project to all affected residents and businesses. A project general information letter and sufficient copies thereof will be prepared by City staff for Contractor distribution to all residents, business establishments, and institutions fronting on or directly affected by the project. The Contractor shall be responsible for distribution of said letter in handout form to all the appropriate residences and buildings in the subject area. Distribution shall be accomplished in a manner acceptable to the City Engineer and shall be five (5) working days prior to the beginning of construction operations in the immediate vicinity. In addition to the above, the Contractor shall be fully responsible for such other notifications as may be required related to necessary closures of streets,alleys,driveways,etc.,or to unavoidable access or parking restrictions. These notifications shall apply where the closures and access or parking restrictions required in the performance of any work under this contract preclude any resident, tenant, or property owner from utilizing the premises or conducting business thereon in a reasonable and customary manner. Additional notification to the affected businesses and residents shall be prepared by the City and distributed by the Contractor for roadway and driveway closures five(5)working days in advance of any construction work.No removal or excavation work is allowed until the additional notification has been distributed to the affected residents and businesses. If a Contractor is unable to adhere to his schedule as indicated on his written notification, then all the affected residents and places of business shall be re-notified of the revised schedule,in writing,as indicated above. Contractor costs for all of the above notifications shall be considered as included in the appropriate items of the Bidder's Proposal. II-5.01 Noise Restrictions — The noise level from the Contractor's operations shall not exceed 85 dBA when measured within a one hundred(100) foot radius at any time. II-6.01 Construction Order of Work — Work shall be scheduled so as to lessen the impact upon City operations. Requirements—General: 1. All construction shall conform to Sections 6-1 and 6-2 of the latest edition of the Standard Specifications for Public Works Construction 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 11-3 SPECIAL PROVISIONS and accessible to pedestrian traffic in a manner approved by the City 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 doing so, in the opinion of the City Engineer,delays the completion of the work presently under construction. 3.The Contractor shall maintain continuous access to the Fire Station,unless the Contractor has obtained the approval of the City Engineer to close such access. 4. No stockpiling of material and construction equipment in or on areas outside of the construction site will be permitted on this project unless approved by the City Engineer. Upon the review and approval of the City,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 City Engineer to be incompetent, intemperate, troublesome, or acts in a disorderly or otherwise objectionable manner, he shall be immediately discharge from the project on the requisition of the City Engineer,and such person shall not be reemployed on the work.If said individual has an ownership interest in the contracting entity, the City 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-8.01 Examination of the Site—The Contractor is required to examine the site and judge for themselves the location,physical conditions, substructures,and surroundings of the proposed work. II-9.01 Mobilization — The cost of all preparatory work and operations for the multiple movements of personnel,equipment,supplies,and incidentals to the project site must be included in the various bid items, and no extra compensation will be paid to the Contractor. II-10.01 Dust Control—Throughout all phases of construction, including suspension of work, and until final acceptance of the project, the Contractor shall abate dust nuisance by cleaning or other means as necessary when requested by the City.Failure of the Contractor to comply with the City Engineer's cleanup orders may result in an order to suspend work until the condition is corrected.No additional compensation nor extension of contract completion time will be allowed as a result of such suspension. The cost of furnishing and operating dust control during the construction project must be included in the various bid items,and no extra compensation will be paid to the Contractor. II-11.01 Cleaning of Site During Construction—During construction,all existing improvements adjacent to the proposed office renovation site shall be cleaned of all dirt or debris on a daily basis. II-12.01 Final Cleaning of Site and Restoration—The Contractor shall be responsible for cleaning and restoration of all damaged existing improvements at no cost to the City. All existing improvements adjacent to the proposed office renovation site shall be cleaned of all dirt or debris. The cost of such cleaning after the construction of the project must be included in the various bid items,and no extra compensation will be paid to the Contractor. II-4 SPECIAL PROVISIONS II-13.01 Sanitary Facilities—The Contractor shall furnish and maintain sanitary facilities by the worksites for the entire construction period. The costs for this shall be incorporated in the most closely related bid item and no extra compensation will be paid to the contractor. II-14.01 Best ManaEement Practices (BMP) — The Contractor shall submit a copy of their Best Management Practices(BMP's)to the City Engineer for review ten(10)days prior to the beginning of any work. The Contractor is hereby notified that specific construction practices in the Standard Specifications,Section 7- 8.6.2,"Best Management Practices(BMP)"are considered to be Best Management Practices.The Contractor shall implement and maintain such BMPs as are relevant to the work, and as are specifically required by the Plans or Special Provisions. The Contractor shall not commence activity until the BMP submittal has been reviewed and approved. II-15.01 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 of the City Engineer, a condition exists in which the Contractor has not taken sufficient precaution of public safety, protection of utilities, and/or protection of adjacent structures or property, the City 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 City Engineer, or in the event of an emergency situation, the City Engineer may provide suitable protection by causing such work to be done and material to be furnished as, in the opinion of the City 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-16.01 Permits—The Contractor shall obtain any and all applicable permits from the City of Vernon's Building Department. II-5 SPECIAL PROVISIONS PART III DETAILED REOUIREMENTS & SPECIFICATIONS PART III DETAILED REQUIREMENTS AND SPECIFICATIONS III-1.01 Vendor Pre-Oualification Requirements: 1. The training facility vendor must actively operate a fabrication facility which is specifically intended for the manufacture of Urban Search&Rescue,Hazardous Material,and live-fire training structures and props. The intent of this specification is for the selected vendor to self-perform all fabrication activities in-house as much as practicably possible. 2. The training facility vendor must provide evidence of past performance showing capability to construct a similar structure. The intent of this specification is to ensure that the vendor is actively fabricating Urban Search & Rescue, Hazardous Material, and live-fire containerized training structures and props of similar complexity. 3. The training facility vendor must have a registered professional engineer on staff. The intent of this specification is to ensure that the selected vendor has the technical ability to prepare engineered drawings and calculations to obtain building permits and any other permits including air quality permits for the training center. All costs for engineering should be included in this bid. The vendor will be required to obtain a permit from the Vernon building department for the training center.All City fees for permits will be waived. The grading and utility plans for the site will be prepared by a separate engineering firm retained by the City. The vendors engineering staff shall assist and coordinate with the City of Vernon's engineer by providing all necessary information in regards to termination points for utilities,utility system needs,loads and other information required to prepare the grading plan,utility plans and environmental document. 4. The training facility vendor must provide evidence that in-house fabricators have been appropriately certified to perform the necessary welding requirements.All products and equipment used shall be listed by UL or have 3`d party certification showing that the equipment meets building code requirements. The intent of this specification is to ensure that the selected vendor will produce a high quality product to the appropriate standards. 5. The manufacturer of the mobile training facility bid shall have in operation a facility adequate and devoted to the manufacture of the mobile facility herein specified. The intent of this specification is to ensure as much of a single source responsibility as possible for the mobile facility proposed by the bidder.The bidder shall be responsible for the quality and warrant components and parts. 6. The bidder shall disclose any pending or anticipated litigation between the bidder and any other party or parties that might affect this award,to include previous purchasers of like mobile facilities proposed to be built by the bidder. 7. The successful vendor shall provide a one (1) year warranty on the entire mobile facility, which covers defective parts and or components of its manufacture or purchase, the improper choice of materials, parts and or components, improper design or engineering and poor or improper workmanship or quality control techniques. This warranty shall cover the complete mobile facility and shall include any and all costs for labor and parts or materials that are required to correct any and all deficiencies at the final delivery point of the mobile facility. Vendor is responsible for all expenses of travel, lodging, food, transportation, tools and or equipment to correct such III-1 DETAILED REQUIREMENTS&SPECIFICATIONS deficiencies. A sample of this warranty shall be submitted with the bidder's bid. Warranties shall begin at the acceptance of the mobile facility by the City of Vernon. III-1.02 Training!Facility General Requirements: The training facility shall be a three(3) story structure and be constructed from thirteen(13) 8ft wide x 8.5ft tall x 40ft long International Organization for Standardization(ISO) freight containers ,to include Urban Search&Rescue and integrated Hazardous Material live fire burn, spill, leak, and vapor release mitigation props. 1. Vendor shall provide a pictorial representation of their training facility solution at time of proposal that substantially satisfies the below noted specification requirements. 2. The training structure shall be in compliance with NFPA 1402 "Guide to Building Fire Service Training Centers 2012 Edition". 3. The selected vendor shall prepare layout drawings and coordinate a design review meeting to finalize the facility configuration/layout upon project award. 4. The selected vendor shall assist City of Vernon's engineering and/or contractor to ensure that the site is properly prepared and ready to receive the training facility prior to delivery. 5. The selected vendor shall include an all-expense paid inspection trip with their proposal. The (1) day trip will allow(4)Vernon Team members to inspect their training facility during the fabrication phase prior to delivery. 6. The training facility shall be delivered within 180 days upon project award and drawing approval. 7. The facility shall provide multiple areas specifically intended for Live-Fire Training purposes. 8. The selected vendor shall be responsible for the coordination and placement of the mobile facility to include all manpower and equipment needed to complete the task. 9. The exterior finish will be of a quality DTM(direct to metal)industrial coating.A one or two color scheme shall be decided at the Pre-Build Conference. 10. The mobile facility will include two(2) exterior mounted signs affixed to both units(2 signs total) with Fire Department name and graphics. Locations and exact lettering and graphics shall be decided during the Pre-Build Conference. 11. Vendor proposals shall include costs associated with delivery and on-site installation/assembly at Vernon's prepared site.The selected vendor shall be responsible for the coordination and placement of the mobile facility to include all manpower and equipment needed to complete the task. 12. Awarded Vendor shall include a (3) three day "Train the Trainer Course" for up to 12 students within two weeks of training facility delivery. Course shall be conducted on-site by a certified fire Instructor(CFI). 111-2 DETAILED REQUIREMENTS&SPECIFICATIONS 13. The training facility shall contain a warranty for a period of (1) one year for workmanship & materials starting from the date of delivery. 14. Vendor shall include an electronic version of the Training Facility Operations and Maintenance Manual upon delivery. 15. Full payment will be made when the mobile facility is received, inspected, and found to comply with procurement specifications, free of damage and properly invoiced.All invoices shall bear the City of Vernon purchase order number. Payment will be made in accordance with the terms negotiated between the City of Vernon and the selected vendor. 16. The vendor shall have on staff American Welding Society (AWS) certified welders. All welding required in the construction of the mobile facility shall be done by AWS certified welders. 17. The vendor shall have in place a welding inspection program to inspect the modular body welds for compliance to the American Welding Society ANSFAWS D1.1, Structural Welding Code. All welding required for the construction of this mobile facility shall be inspected and certified by a certified American Welding Society welding inspector. This certification must be for the mobile facility body purchased by the City of Vernon. The bidder shall certify with the bid submittal how long such an inspection program has been in place at their company. 18. All container units shall be constructed of corrugated steel with a continuous weld to the structural components. The undercarriage will be constructed of 5.75" x .125" channel with a weather resistant coating. 19. All exterior access points shall be provided with elevated platforms and access stairs constructed of galvanized structural steel. Platforms active work surfaces shall be constructed from galvanized 19-W-4-1"X 1/8"bar grating to provide a non-slip surface. 20. These mobile units shall be designed to be deployed adjacent to each other.By the use of galvanized 19-W-4-1" x 1/8"bar grating at the roof surfaces on the first and second stories and adjoined by cat walks to provide for non-slip active working surfaces at each level. 21. All non-slip active roof and elevated platform working surfaces shall contain galvanized structural steel safety railings and toe-kicks. Railings and toe-kicks shall be in compliance with OSHA requirements. Railing shall be constructed from tube steel and with an on-center post spacing of 4' or less. 22. There shall be a high-rise type fixed exterior galvanized structural steel stairway with galvanized bar grating landings at each floor level and rooftop. 23. A standpipe shall be installed. A Siamese FDC (fire department connection at ground level) shall be mounted with stand pipe connections(with gate valves)provided at each landing/story and roof level of the exterior stairway. All threads will be of NST(National Standard Thread). 24. All windows,fire doors and hatches to be installed shall have interior locking pins.All cargo doors will have exterior locking mechanisms which will require a padlock. All windows, doors and [[[-3 DETAILED REQUIREMENTS&SPECIFICATIONS hatches will open to the exterior. 25. All doors shall be constructed of steel tube framed and reinforced steel and be non-latching. The fire doors have a training closure system.The training closure system shall be designed to keep the door shut during training operations and open by a pull (from the exterior) or push (from the interior) easily opening or closing the door. Heavy duty steel hinges with zircon fittings shall be used. All doors shall open to the exterior. 26. The mobile facility shall be provided with a proper electrical Service and Distribution System installation in accordance with NFPA 70 the National Electrical Code and shall be provided to control and service all electrical components. 27. This system shall automatically exhaust heat and smoke when the maximum allowable temperature of 1100 degrees Fahrenheit in the burn chamber is reached in accordance with NFPA 1403. 28. This system shall be a mechanical forced air system capable of exhausting the burn chamber in one (1)minute. 29. Automatic system activations shall be accomplished by interlocking thermo coupler or temperature monitoring system(listed below). 30. This System shall have a remote manual activation by switch that shall be installed for instructor use and space evacuation between training evolutions. 31. Temperature Monitoring System shall be provided. This system shall have a (4) zone interior electronic Temperature Monitoring System that will read the ambient air temperature. (1) sensor will be placed within the ceiling level of the Burn Rooms, and (1) sensor will be placed at floor level of the container in each burn room. III-1.03 Training Facility Specifications: 1. The training facility shall include (3) LPG Fueled burn rooms. A total of Five (5) LPG Fueled Props shall be provided and used within the(3)burns rooms. Props will be fabricated to emulate various HAZMAT and USAR training scenarios. 2. The training facility burn rooms shall be constructed as an enclosed fully insulated steel frame secondary structure inserted within the container and designed specifically for repeated live—fire training. 3. The training facility LPG System shall initiate gas flow, gas flow rate(flame height and intensity), and flame termination from remotely located control panels. Control panels shall consist of a simple to use and expandable series of toggle switches to provide safe burn prop operation. The operating condition of each of the switches shall be visually indicated by lamps. A guarded emergency gas off(EGO) button shall be positioned at each of the props in locations defined by the purchaser and an additional EGO button shall be provided at the system control panel. A temperature monitoring system,gas detection system,and mechanically assisted ventilation system shall be included and interlocked with the gas delivery system. The LPG system must be tested 111-4 DETAILED REQUIREMENTS&SPECIFICATIONS and certified by a Nationally Recognized(third-party) Testing Laboratory(NRTL) as required by NFPA 1402 Guide to Building Fire Service Training Centers. 4. If one or more of the EGO buttons is pressed the electrical power shall be disconnected from the entire system, all flame shall be extinguished and all gas flow shall be terminated. 5. A keyed MAIN POWER switch shall be located at the control panel and function to connect and disconnect electrical power to the EGO and gas control electrical circuits.The ON condition of the MAIN POWER switch shall be indicated by an illuminated lamp. 6. A gas on toggle switch and indicator lamp shall be installed to control the main gas. 7. A FLAME INTENSITY potentiometer with knob shall be installed for each prop in the control panel. The FLAME INTENSITY control shall be used to adjust the gas flow rate and associated flame intensity. 8. A SYSTEM LOCKOUT indicator lamp shall be installed in the control panel. The indicator lamp shall be activated to alert the operator to a system lockout condition. 9. Three toggle switches and three indicator lamps shall be provided for all props. Each prop's toggle switches and lights shall provide the same function. 10. Each of the aforementioned switches/lamps shall be labeled clearly with respect to its design function. Labeling shall be of weather resistant materials and application. 11. Automatic system activations shall be accomplished by interlocking with the LP delivery system. 12. Activate an external alarm when the level exceeds 25 percent of the lower explosive level (LEL). 13. The training facility shall include an interior and exterior electrical system. The interior electrical system shall consist of(3) shatter proof 150 Watt lights and (2) receptacles/switches within each non live-fire container unit. The exterior electrical system shall consist of (6) 400 watt pole mounted halogen lights and (1) exterior mounted electrical load center for interconnection to the on-site electrical service. 14. Include(2)pitched roof props for vertical ventilation and USAR training purposes. 15. Include multiple points of egress via personnel doors and include windows for differing HAZMAT and USAR training scenarios(forced entry,breaching, cutting, etc.). 16. Include interior and exterior stairs to support various HAZMAT&USAR training scenarios. 17. Include a reconfigurable pivoting wall system for USAR training purposes. The pivoting wall system shall allow the interior floor space to be reconfigured to support various arrangements.The wall system shall be of steel construction and simple to reconfigure. Various wall types shall be included(solid full-height, low opening, upper opening) along with ramp and entanglement props designed to be used in conjunction with the various wall types. 18. Include a breach wall prop to emulate wood framed construction for USAR training purposes. 111-5 DETAILED REQUIREMENTS&SPECIFICATIONS 19. Include a synthetic smoke generating and distribution system for HAZMAT & USAR training purposes. 20. Include a balcony structure for HAZMAT&USAR training purposes. 21. Include a forced entry door system requiring the use of a halligan, sledge, and/or cutting tools for USAR training purposes. 22. Include a steel panel cutting prop and variable angle rebar cutting prop for HAZMAT & USAR training purposes. 23. During the pre-build conference eight(8)additional anchor point locations for rope attachment will be identified. Two (2) of these anchors shall be provided at the second story roof ventilation prop for fall protection. Anchors shall be in compliance with applicable OSHA and NFPA standards. 24. Include rooftops containing steel galvanized bar grating and guard railing system. 25. Include a shoring prop for HAZMAT&USAR training purposes. 26. Include confined space tubes for HAZMAT&USAR training purposes. 27. The electrical system design and gas system design shall meet or exceed the requirements of the following codes and standards: • Applicable D.O.T. Standards • National Fire Protection NFP A 54-National Fuel Gas Code • NFP A 58 -Liquefied Petroleum Gas Code • NFPA 70-National Electric Code(NEC) • NFP A 86 -Standards for Ovens and Furnaces • NFPA 1402 -Guide to Building Fire Service Training Centers • NFP A 1403 -Standard on Live Fire Training Evolutions • UL 508 -Standard for Industrial Control Panels • AWS -Welding Standards 28. All equipment shall be installed and adjusted as instructed by the equipment manufacturer. 29. Two (2) copies of the Owner's and User's Manuals shall be provided that include all of the necessary information for the operation, maintenance and repair of the specified gas delivery and control system. One shall be provided in hard copy and one shall be delivered in digital copy.The manuals shall include,but not limited to: • Operations overview • Safety warnings • Start-up and shutdown procedures • Recovery from lockout status • Trouble shooting procedures • Maintenance 111-6 DETAILED REQUIREMENTS&SPECIFICATIONS 30. Prior to delivery to the City of Vernon the manufacturer shall clean and detail the finished mobile facility. The exterior of the mobile facility shall be hot water, pressure washed to remove any dirt that might scratch the paint during delivery.All metal filing or blasting media should be thoroughly cleaned and removed from all interior and exterior sections of the Mobile Facility. 31. Construction processes and techniques shall be in accordance with the accepted standards of the industry. Component parts and units shall be manufactured to definite standard dimensions with proper fits, clearances, and uniformity. The general appearance of the Mobile Facility shall not show any evidence of poor workmanship. Parts, equipment, and assemblies, which have been repaired or modified to overcome any deficiency, shall not be furnished without the written approval of the Fire Chief. 32. In addition, any deviation from the requirements of this specification, unless previously approved by the Fire Chief, that affect finish, fit, function, durability, reliability, safety, performance or appearance shall be cause for rejection. Compliant: 33. The Bidder may use his own or any other facilities suitable for the pre-delivery and acceptance inspections unless disapproved by this agency. 111-7 DETAILED REQUIREMENTS&SPECIFICATIONS APPENDIX A Forms to be Submitted by Bidder 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) Cl SUBCONTRACTOR LISTING/SHORING DESIGN BP-(b) AFFIDAVIT OF NON-COLLUSION(SIGNED BY BIDDER) BP-(c) LIVING WAGE COMPLIANCE CERTIFICATION BP-(d) CERTIFICATE OF EQUAL OPPORTUNITY PRACTICES FORMS AA-1,2,3 G] Equal Employment Opportunity Certification I-21 (Exhibit 12-E,Attachment C) Public Contract Codes(Statements and Questionnaire) I-22 C Debarment and Suspension Certification(Exhibit 12-E,Attachment E) I-25 Ci Non-lobbying Certification for Federal-Aid Contracts I-26 (Exhibit 12-E,Attachment F) L: Disclosure of Lobbying Activities(Exhibit 12-E,Attachment G) I-27 Bidder's List of Subcontractors(DBE and NON-DBE)(Exhibit 12-B) I-34 Local Agency Bidder DBE Commitment-Construction Contract I-36 (Exhibit 15-G) ❑ DBE Information—Good Faith Efforts(Exhibit 15-H) I-41 ❑ Data Universal Numbering System(D-U-N-S)Number I-49 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. APPENDIX"A"—Forms to be Completed by Bidder IDENTITY CONFIRMATION Contractor's Name Office Address If an individual, so state If a partnership, corporation or firm, so state, giving the names and addresses of individuals constituting the organization. If a corporation, give the following information: Name of President Name of Secretary Organized under the laws of the State of Name and address of local representative Telephone: 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) APPENDIX"A"—Forms to be Completed by Bidder SUBCONTRACTOR LISTING SUBCONTRACTOR LISTING Contractor Name(s) Address License No. 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 License No. Description of Work BP-(b) APPENDIX"A"—Forms to be Completed by Bidder 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 ofbidder) 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: Title: 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 1 st 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 1 st, 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. 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 declare under penalty of perjury that if awarded the contract for which this bid/proposal is made 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. (Name) (Title) (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 ° :YR�o CERTIFICATE OF EQUAL OPPORTUNITY PRACTICES Purchasing&Payables Division ' y 4305 Santa Fe AvenueVernon, CA 90058 "+�r`{ L� ,•�y (323)583-8811 Fax(323) 826-1433 Internet: www cit aNernon.or departmentslfinance Article I. Affidavit of Equal Opportunity Employment& Non-segregation(Form AA-1) Article II. Vendor List Questionnaire(Forms AA-2&3) In order to be placed to the City's vendor list and be eligible to receive City business,you must provide the following information except where indicated as "optional". By submitting this form you are declaring under penalty of perjury under the laws of the State of California and the laws of the United States that the information is true and correct. Furthermore, you are certifying that your firm will adhere to equal opportunity employment practices to assure that applicants and employees are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex or age. And, your firm does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. Name of Company Business Telephone Address Fax number (optional) City —State Zip Contact Person E-mail Address (optional) Tax ID Number(or Social Security Number)_ Remit Address (if different) Please state clearly and concisely the type(s)of goods and services your company provides: 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-1 FORM APPENDIX"A"—Forms to be Completed by Bidder Project Workforce Utilization (Form AA-2) This form is to be included in all bid documents for projects involving labor or services valued at $25,000 or more. Instructions: Please indicate the job titles/classifications to be used in the performance of this contract should it be awarded to your firm. Please indicate the number of employees in each job classification as well as the number of new hires, if any, as a result of this contract. Name of Company: Project: 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 Are any current employees or potential new hires Vernon residents? If so, how many? AA-2 FORM APPENDIX "A"—Forms to be Completed by Bidder Current Permanent Workforce Utilization (Form AA-3) OPTIONAL Name of Company: Project: 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 Asian/Pacific Native Armenian Male Female (not of Hispanic (not of Hispanic Islander American origin) origin) CLASSIFICATION Officials/ Mana ers Professionals Technicians Office/Clerical Skilled Craft Workers Operators semi-skilled Laborers Service Workers TOTAL AA-3 FORM APPENDIX B Sample Contract [Draft contract subject to further revisions based on incorporation of applicable Federal-Aid contract provisions] LABOR AND MATERIALS CONTRACT BETWEEN THE CITY OF VERNON AND [CONTRACTOR'S NAME] COVER PAGE Contractor: [insert name of contractor] Responsible Principal of Contractor: [insert name, title] Notice Information - Contractor: [insert name of contractor] [insert street address] [insert city, state, zip code] Attention: [insert name, title] Phone: [insert phone number] Facsimile: [insert fax number] Notice Information - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: [insert department head] [insert department head title] Telephone: (323) 583-8811 ext. [insert] Facsimile: [insert fax number] Commencement Date: [insert commencement date] Termination Date: [insert termination date], unless extended pursuant to Section 1 Consideration: Total not to exceed $[insert amount] (includes all applicable sales tax); and more particularly described in Exhibit B Records Retention Period Three (3) years, pursuant to Section 8.3 September 2013 LABOR AND MATERIALS CONTRACT BETWEEN THE CITY OF VERNON AND [CONTRACTOR'S NAME] THIS Contract is made between the CITY OF VERNON ("City"), a California charter City and California municipal corporation, and [Contractor's Name], a [State incorporated in] corporation ("Contractor") The City and Contractor agree as follows: 1.0 Contractor shall furnish all necessary and incidental labor, material, equipment, transportation and services as described in, and strictly in accordance with, and subject to all terms and conditions set forth in Specifications for . as more fully set forth in the Scope of Services, attached hereto and incorporated herein as Exhibit "A"_ 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 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 Dollars ($000,000). 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 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 7 September 2013 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 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. 3 September 2013 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 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 4 September 2013 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 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 $100,0001300,000/50,000 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. September 2013 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 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 September 2013 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 attorneys 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 4305 Santa Fe Ave. Vernon, CA 90058 With a Copy to: If to the Contractor: Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. 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 7 September 2013 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 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. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit "E". 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. 8 September 2013 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'/s times the basic rate of pay. 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 "D". Upon request, certified payroll shall be provided to the City. [Signatures Begin on Next Page]. 9 September 2013 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: W. Michael McCormick, Mayor Name: Title: ATTEST: By: Name: Ana Barcia, Deputy City Cleric Title: APPROVED AS TO FORM: Scott Porter, Deputy City Attorney 10 September 2013 EXHIBIT A SCOPE OF SERVICES 11 September 2013 EXHIBIT B PROPOSAL 12 September 2013 EXHIBIT C SCHEDULE OF WORK 13 September 2013 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. 14 September 2013 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. 15 September 2013 Drug-Free Workplace Act Requirements i EXHIBIT C 1 CERTIFICATION REGARDING DRUG-FREE WORKPLACE ACT REQUIREMENTS The Contractor certifies that It will provide a drug-free workplace, In accordance with State law and State Employment Development Department(EDD)Directive No. 0907 by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for vlolatlon of such prohibition. 2. Establishing a drug-free awareness program to Inform employees about: a. The dangers of drug abuse In the workplace; b. The Contractor's policy of maintaining a drug-free workplace; c. Any evallable drug counseling,rehabilitation and employee assistance programs;and d. The penalties that may be imposed upon employees for drug abuse violations occurring In the workplace. 3. Making it a requirement that each employee to be engaged In the performance of this program be given a copy of the statement required by paragraph 1,above. 4. Notifying the employee In the statement required by paragraph 1. that, as a condition of employment under this program,the employee will: a. Abide by the terms of the statement,and b Notify the Contractor of any criminal drug statute convictions for a violation occurring in the workplace no later than five days after such conviction. 5. Notifying the County within ten days after receiving notice under subparagraph 4.15. from an employee or otherwise receiving actual notice of such conviction. 6. Taking one of the following actions, wlthln 30 days of receiving notice under subparagraph 4.b.with respect to any employee who is so convicted by taking appropriate personnel action against such an employee, up to and Including termination. 7. Making a good falth effort to continue to maintain a drug-free workplace through implementation of the provision of this certification. CONTRACTOR/AGENCY NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNATURE OF AUTHORIZED REPRESENTATIVE DATE INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this document,the prospective recipient of Federal assistance Is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. if tit is later determined that he prospective recipient of Federal assistance funds knowingly rendered an erroneous oedification, in addition to other remedies available to the Federal Government,the department or agency with which this transaction originated may pursue available remedies,including suspension andfor debarment. 3. The prospective recipient of Federal assistance funds shall provide Immediate written notice to the person to which this agreement is entered, If at any time the prospective recipient of Federal assistance funds(same that its certification was erroneous,when submitted or has become erroneous by reason of changed circumstances. 4. The terms"covered transaction'"dabormd,""suspended,°"ineligible,""lower tier covered transaction'"participant,""person,""primary covered tranaaedon,"principal," 'proposal,'and"voluntarily excluded,'as used in this clause,have the meanings set out In the Definitions and Coverage sections of rules implementing Executive Order 12549. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended, declared ineligible,or voluM ay excluded from participation on this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will include the clause titled'Cerltfication Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions,' without modification, in all tower tier covered transactions and In all solloltations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction, unless It knows that the certification is erroneous. A participant may decide the method and frequency by which It determines the eilgiblllty of It8 principals_ Each participant may,btA is not required to,check the Litt of Partios Excl;�ded from ProcUrsment or Non Procurern@ryt PrograrTl 9_ Nothing contained in the foregoing shall be construed to require establishment of a system of records In order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person In the ordinary course of business dealings. 9. Except for transactions authorized under Paragraph 5 of these instructions, if a Participant In a covered transaction knowingly enters Into a lower tier covered transaction with a person who Is suspended,debarred, ineligible,or voluntary excluded form participation In this transaction, In a"llon to other remedies available to the Federal Govemment,the department or agency with which this transaction originated may pursue available remedies, Including suspension and/or debarment. Standard Insurance Requirements f tier ti �, 1 �y, . On STANDARD INSURANCE REQUIREMENTS Please refer to the insurance requirements listed below. We suggest that you provide your insurance broker/agent with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all the required endorsements. 1. Certificate of Insurance for Automobile Liability with coverage as indicated: • $100,000/$300,000/$50,000 if written on a personal automobile liability form, for using a personal vehicle; or • $500.000 including owned, hired, and non-owned liability coverage if written on a Commercial automobile liability form. 2. Certificate of Insurance for Workers Compensation with coverage as indicated: • $1,000,000 per accident; or • Provide a "waiver"form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of Contract; or • Provide a copy of permissive self-insurance certificate approved by the State of California 3. Certificate of Insurance for General Liability with coverage as indicated: • 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. 4. Additional Insured Endorsement: • Endorsement must include reference to the General Liability Policy Number and the Insured as they appear on the Certificate. Blanket endorsements are also acceptable. • The City of Vernon, its director, 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. 5. Cancellation Language The Certificate of Insurance MUST provide 30 days notice of cancellation, except 10 days notice for non-payment of premium. Please include the following either under the description on the certificate or an additional remarks document: "Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after(30)days'prior written notice to City." Exclusively Industrial "if employing other contractors as part of the services rendered, Contractor's Protective Coverage is required. All subcontractors may be included as insured under Contractors own policy or the Contractor shall furnish proof of separate insurance for each subcontractor, meeting the requirements set forth herein. CERTIFICATE HOLDER MUST BE LISTED ON CERTIFICATE AS: City of Vernon Risk Management 4305 Santa Fe Avenue Vernon, CA 90058 E�Celusively Industrial FEDERAL MINIMUM WAGE RATES The Federal Minimum Wage Rates in effect 10 days prior to bid opening shall be the applicable wages throughout the term of the project. For up to date, current rates, please see the website, http://www.gpo.gov/davisbacon/ca.html QUALITY ASSURANCE PROGRAM {QAP) OFF VF 4305 Santa Fe Avenue•Vernon CA 90058 •(323)583-8811 •FAX(323) 826-1435 r y%-. QUALITY ASSURANCE PROGRAM (QAP) .00 4-" City of Vernon t G�lyI't7 ►xpti] The purpose of this program is to provide assurance that the materials incorporated into the construction projects are in conformance with the contract specifications.This program should be updated every five years or more frequent if there are changes of the testing frequencies or to the tests themselves. To accomplish this purpose,the following terms and definitions will be used: DEFINITION OF TERMS • Acceptance Testing(AT)—Sampling and testing,or inspection,to determine the degree of compliance with contract requirements. • Independent Assurance Program(IAP)—Verification that AT is being performed correctly by qualified testers and laboratories. • Quality Assurance Program(QAP)—A sampling and testing program that will provide assurance that the materials and workmanship incorporated into the construction project are in conformance with the contract specifications.The main elements of a QAP are the AT,and IAP. • Source Inspection—AT of manufactured and prefabricated materials at locations other than the job site, generally at the manufactured location. MATERIALS LABORATORY The City of Vernon will use their own materials laboratory or a private consultant materials laboratory to perform AT on Federal-aid and other designated projects.The materials laboratory shall be under the responsible management of a California registered Engineer with experience in sampling,inspection and testing of construction materials.The Engineer shall certify the results of all tests performed by laboratory personnel under the Engineer's supervision.The materials laboratory shall contain certified test equipment capable of performing the tests conforming to the provisions of this QAP. The materials laboratory used shall provide documentation that the laboratory complies with the following procedures: 1. Correlation Testing Program—The materials laboratory shall be a participant in one or more of the following testing programs: a. AASHTO Materials Reference Laboratory(AMRL) b. Caltrans' Reference Samples Program(RSP) 2. Certification of Personnel—The materials laboratory shall employ personnel who are certified by one or more of the following: a. Caltrans District Materials Engineer b. Nationally recognized non-Caltrans organizations such as the National Institute of Certification of Engineering Technologies,etc. c. Other recognized organizations approved by the State of California and/or Recognized by local governments or private associations. 3. Laboratory and Testing Equipment—The materials laboratory shall only use laboratory and testing equipment that is in good working order.All such equipment shall be calibrated at least once each year.All testing equipment must be calibrated by impartial means using devices of accuracy traceable to the National Institute of Standards and Technology.A decal shall be firmly affixed to each piece of equipment showing the date of the last calibration.All testing equipment calibration decals shall be checked as part of the IAP. ACCEPTANCE TESTING(AT) AT will be performed by a materials laboratory certified to perform the required tests.The tests results will be used to ensure that all materials incorporated into the project are in compliance with the contract specifications. Testing methods will be in accordance with the CT Methods or a national recognized standard(i.e.,AASHTO, ASTM,etc.)as specified in the contract specifications. Sample locations and frequencies may be in accordance with the contract specifications.If not so specified in the contract specifications, samples shall be taken at the locations and frequencies as shown in Attachment#1 (Appendix D,"Acceptance Sampling and Testing Frequencies"of the QAP Manual). INDEPENDENT ASSURANCE PROGRAM(IAP) IAP shall be provided by personnel from Caltrans,the City of Vernon's certified materials laboratory,or consultant's certified materials laboratory.IAP will be used to verify that sampling and testing procedures are being performed properly and that all testing equipment is in good condition and properly calibrated. IAP personnel shall be certified in all required testing procedures,as part of IAP,and shall not be involved in an aspect of AT. IAP shall be performed on every type of materials test required for the project.All other types of IAP shall be witness tests. Poor correlation between acceptance tester's results and other test results may indicate probable deficiencies with the acceptance sampling and testing procedures. In cases of unresolved discrepancies,a complete review of AT shall be performed by IAP personnel,or an independent materials laboratory chosen by the City of Vernon.IAP samples and tests are not to be used for determining compliance with contract requirements. Compliance with contract requirements is determined only by AT. TESTING OF MANUFACTURED MATERIALS During the Design phase of the project,the Project Engineer may submit a"Source Inspection Request"see Attachment#2(Exhibit 16-V of the LAPM)to the City of Vernon,consultant,or Caltrans for inspection and testing of manufactured and prefabricated materials by their materials laboratory. A list of materials that can be typically accepted on the basis of certificates of compliance during construction is found in Attachment#3 (Appendix F of the QAP Manual).All certificates of compliance shall conform to the requirements of the contract specifications,for examples see Attachment#4(Appendix J of the QAP Manual). Should the City of Vernon request Caltrans to conduct the source inspection,and the request is accepted,all sampling,testing,and acceptance of manufactured and prefabricated materials will be performed by Caltrans' Office of Materials Engineering and Testing Services. For Federal-aid projects off the National Highway System(NHS),Caltrans may be able to assist in certifying the materials laboratory,and the acceptance samplers and testers. PROJECT CERTIFICATION Upon completion of a Federal-aid project,a"Materials Certificate" shall be completed by the Resident Engineer. The City of Vernon shall include a"Materials Certificate"in the Report of Expenditures submitted to the Caltrans District Director,Attention: District Local Assistance Engineer.A copy of the"Materials Certificate"shall also be included in the City of Vernon's construction records.The Resident Engineer in charge of the construction function for the City of Vernon shall sign the certificate. All materials incorporated into the work which did not conform to specifications must be explained and justified on the"Materials Certification",including changes by virtue of contract change orders. See Attachment#5 for an example(Appendix K of the QAP Manual). RECORDS All material records of samples and tests,material releases and certificates of compliance for the construction project shall be incorporated into the Resident Engineer's project file. If a Federal-aid project: • The files shall be organized as described in Section 16.8"Project Files"of the Local Assistance Procedures Manual. • It is recommended that the complete project file be available at a single location for inspection by Caltrans and Federal Highway Administration(FHWA)personnel. • The project files shall be available for at least three years following the date of final project voucher. • The use of a"Log Summary," as shown in Appendix H of the QAP Manual,facilitates reviews of material sampling and testing by Caltrans and FHWA,and assists the Resident Engineer in tracking the frequency of testing. APPROVED BY: #38948 03-31-2013 (Signature) (CE#and Expiration Date) NAME: Samuel Kevin Wilson,P.E. DATE: TITLE: Director of Public Works.Water&Development (City of Vernon) RECEIVED R{ntG'f FEB 0 9 2015 fCiT i%9y� CITY ADMINI TRATION STAFF REPORT HUMAN RESOURCES DEPARTMENT DATE: February 17,2015 TO: Honorable Mayor and City Council FROM: Teresa McAllister, Director of Human Resources RE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON AUTHORIZING THE CITY TO OBTAIN STATE AND FEDERAL SUMMARY CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT, LICENSING OR CERTIFICATION PURPOSES. Recommendation It is recommended that the City Council: 1. Find that approval of the resolution proposed 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. 2. Adopt the attached resolution authorizing the City of Vernon to obtain State and Federal Summary Criminal History information for employment, licensing, or certification purposes. Background California Penal Code Sections 11105(b)(11) and 13300(b)(11) allow cities to access criminal history information from the State Department of Justice and the Federal Bureau of Investigations for the purpose of fulfilling employment, certification, or licensing duties, when access is specifically authorized by City Council. Penal Code Sections 11105(b)(11) and 13300(b)(11) require the City Council to specifically authorize access to summary criminal history information for employment, licensing, or certification purposes. As such, City staff recommends City Council adopt the attached resolution authorizing the Human Resources Department and Police Department to obtain State and Federal summary criminal background information from the Department of Justice and the Federal Bureau of Investigation for employment purposes. Analysis Staff recommends the City Council adopt the resolution authorizing the City of Vernon to obtain State and Federal Summary Criminal History information for authorized employment, licensing, or certification purposes. Should the City Council approve the attached resolution, staff will prepare a Criminal Background and Live Scan Policy and Procedure and bring forward for City Council consideration at a subsequent City Council meeting. Any such policy and procedure will also comply with Labor Code Section 432.9, which prohibits a state or local agency from requesting disclosure of an applicant's conviction history prior to determination that the applicant meets minimum employment qualifications, except where the agency is otherwise required by law to conduct a criminal background check. Budget Impact: The Vernon Police Department is operationally prepared to provide fingerprint background checks of potential employees. The cost of$42.00 per fingerprint application can be absorbed in the Human Resources Department line item budget 011.1026.597000 — Pre-employment physicals and Exams. RESOLUTION NO . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON AUTHORIZING THE CITY TO OBTAIN STATE AND FEDERAL SUMMARY CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT, LICENSING OR CERTIFICATION PURPOSES WHEREAS, Penal Code Sections 11105 (b) (11) and 13300 (b) (11) authorize cities, counties, districts and joint powers authorities to access state and local summary criminal history information for employment, licensing or certification purposes; and WHEREAS, Penal Code Section 11105 (b) (11) authorizes cities, counties, districts and joint powers authorities to access federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation; and WHEREAS, Penal Code Sections 11105 (b) (11) and 13300 (b) (11) require that there be a requirement or exclusion from employment, licensing, or certification based on specific criminal conduct on the part of the subject of the record; and WHEREAS, Penal Code Sections 11105 (b) (11) and 13300 (b) (11) require the City Council, board of supervisors, governing body of a city, county or district or joint powers authority to specifically authorize access to summary criminal history information for employment, licensing, or certification purposes; and WHEREAS, by memorandum, dated February 17, 2015, the Director of Human Resources has recommended that the City Council authorize the Human Resources Department and the Police Department to obtain State and Federal summary criminal background information from the Department of Justice and the Federal Bureau of Investigation for employment purposes; and WHEREAS, the City Council desires to authorize the Human Resources Department and the Police Department to obtain State and Federal summary criminal background information from the Department of Justice and the Federal Bureau of Investigation for employment purposes . 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 authorizes the Human Resources Department and the Police Department to obtain State and Federal summary criminal background information from the Department of Justice and the Federal Bureau of Investigation for employment purposes . - 2 - SECTION 4 : 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 17th day of February, 2015 . Name : Title: Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: Zayre d. Moussa, Deputy City Attorney - 3 - STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. _ , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, February 17, 2015, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of February, 2015, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) - 4 - Coll RECEIVED RECEIVED .� JAN 2 8 2015 �tC+fyE4Y iM�v�R CITY ADMINISTRATION FEB 10 2015 STAFF REPORT CITY CLERK SOfF10E VERNON POLICE DEPARTMENT DATE: February 17, 2015 TO: Honorable Mayor and City Council FROM: Daniel Calleros, Police Chief r4u RE: Approval of an Interagency Memorandum of Agreement for Mental Evaluation Unit Partnership between the Los Angeles County and the Cities in the Southeast Region Recommendation It is recommended that the City Council: 1. Find that the approval of the proposed Interagency Memorandum of Agreement ("MOX) 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. Approve the MOA with the Los Angeles Department of Mental Health ("DMH"), in substantially the same form as submitted herewith, and authorize the Mayor to execute the MOA on behalf of the City, for the purpose of forming a mental health evaluation unit in the Southeast region that will assist law enforcement agencies with providing mental health-related clinical services to members of the public during field situations. Background For the past few years there has been an increase in incidents involving mental health in the Southeast region. To address these issues, the respective Southeast region Police Departments of Bell Gardens, Bell, Vernon, Downey, Huntington Park, South Gate, and Signal Hill in cooperation of DMH have collectively established a joint response operation wherein the DMH will provide mental health-related clinical services to members of the public during police related field incidents. The "co-response" mental health evaluation teams will be known as the Southeast Region Mental Health Evaluation Teams ("SRMET"). The SRMET units will be deployed when necessary by the respective police agencies during special operations or calls for service pertaining to members of the public suffering from mental health issues. During such deployments the DMH will provide at least two mental health clinicians that will advise and assist responding police officers in handling these types of incidents. In addition, DMH staff will provide supplementary analysis and reports for on-going cases whether short or long term. The purpose of this MOA is to establish operational protocols and set forth terms and conditions to ensure the functionality of the SRMET in the jurisdictions served by the individual police departments. Under the MOA, each of the individual police departments and the DMH will remain responsible for the supervisions and control of its own employees and officers. Fiscal Impact There is no fiscal impact to the City to enter into an MOA with the DMH. Enclosures u ORIGINAL INTERAGENCY MEMORANDUM OF AGREEMENT FOR MENTAL EVALUATION UNIT PARTNERSHIP BETWEEN LOS ANGELES COUNTY AND THE CITIES OF BELL GARDENS,BELL,.VERNON,DOWNEY HUNTINGTON PARK,SOUTH GATE,AND SIGNAL HILL. This Interagency Memorandum of Agreement for Mental Evaluation Unit Partnership ("MOA" or "Agreement") is made and entered into this 1st day of February 2015, by and between Los Angeles County, through its Department of Mental Health ("DMH"), and the cities of Bell Gardens, Bell, Vernon, Downey, Huntington Park, South Gate, and Signal Hill for the purpose of forming mental health evaluation units to be named the Southeast Region Mental Evaluation Teams("SRMET"). The respective police departments of Bell Gardens, Bell, Vernon, Downey, Huntington Park, South Gate, and Signal Hill are collectively referred to hereinafter as the "Police Departments," and are 'referred to hereinafter individually as a "Police Department". The DMH and each of the Police Departments shall be collectively referred to hereinafter as the "Parties,"and referred to individually as a"Party". RECITALS WHEREAS, the DMH and each of the Police Departments desire to cooperate together in establishing a joint operation wherein DMH and Police Department provide personnel to staff "co-response"Mental Evaluation Teams known as SRMET; and WHEREAS,by entering into this MOA, each of the Parties desire to: i) provide resources to staff at least two (2) SRMET units to be deployed for Police Department business involving calls pertaining to members of the public in the various Police Department jurisdictions suffering from mental health-related issues; ii) during such deployments, advise and assist responding officers on mental health-related issues; iii) provide supplementary analysis and reports for on-going cases and investigations involving mental health-related issues;and iv) allow DMH personnel to provide mental health-related clinical services to Police Department contacts; and WHEREAS, it is the intent of the Police Departments and the DMH in entering into this MOA that each of the Police Departments and the DMH shall remain responsible for the supervision and control of its own employees and officers;and WHEREAS, the Police Departments and the DMH.recognize that cooperation among them will increase public safety, peace, and security benefits for the Police Departments and the public; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereby agree as follows: -1- 83637 AGREEMENT 1.0 TERM. 1.01 Term. This Agreement shall be effective commencing on February 1, 2015 ("Effective Date") and shall terminate two years thereafter ("Term") on February 28, 2017 ("Expiration Date") unless extended by written agreement by the Parties. f 1.02 Termination. Notwithstanding Section 1.01 above, any of the Police Departments may terminate this Agreement as to that Police Department upon providing thirty (30) days' notice, in writing, by the Chief of Police of the terminating Police Department to the Chiefs of the non-terminating Police Departments and the Director of the DMH. Additionally, the DMH may terminate this Agreement upon providing thirty (30) days' notice, in writing, to'the Chiefs of the Police Departments. The indemnity and insurance obligations set forth below in Sections 5.0 et seq. and 6.0 et seq.,respectively,of this Agreement shall survive termination of this Agreement. 2.0 SCOPE OF AGREEMENT. 2.01 Establishment of the Southeast Regional Mental Evaluation Team and Procedures. This Agreement establishes the SRMET, as well as its operational protocols, and sets forth terms and conditions to ensure the functionality of the SRMET in the jurisdictions served by the Police Departments. 2.02 Scone of Services. In compliance with all terms and conditions of this Agreement, each Police Department, through its Chief of Police and sworn peace officers, shall provide law enforcement personnel ("Police Department SRMET Personnel") to partner with at least two mental health clinicians employed by the DMH {"DMH SRMET Personnel") who will be assigned to the Police Departments in order to provide the services and/or resources to fulfill the mission of the SRMET. Police Department SRMET Personnel and DMH SRMET Personnel shall be collectively referred to in this Agreement as SRMET Personnel. Such services, and/or resources, shall be provided, without charge, as set forth in the "Scope of Services" attached hereto as "Exhibit A" and incorporated herein by this reference. In the event that there is a conflict between the provisions of "Exhibit A" and any other provisions of this Agreement, the provisions of this Agreement shall prevail. Each of the Parties hereby represents and warrants that all work and services set forth in the Scope of Services will be performed in a competent,professional and-satisfactory manner. 2.03 Labor & Equipment. For the purpose of performing police services pursuant to this Agreement, the DMH and each Police Department shall, at its sole cost and expense, furnish and supply all labor, supervision, equipment, communication services, supplies and other resources necessary to maintain the level of services to be rendered hereunder. Absent a separate written agreement by and between DMH and the Police Departments expressly to the contrary, each Party hereby agrees to be responsible for the salary, overtime and benefits of its respective officers, agents and -2- 83637 employees, regardless of whether another Party has requested and utilized said officers, agents and employees. 2.04 Worker's Compensation and Other Benefits. Each of the Parties shall be responsible for the worker's compensation coverage and benefits for its own employees participating in this Agreement. In the event that a member of any of the Parties is injured in the course and scope of any requested assistance, all of the Parties each expressly agree to be responsible for any resulting worker's compensation claims filed by their own respective employees. All Parties agree to indemnify and hold harmless each other Parry for any worker's compensation claims filed by their respective employees and further agree that no Party shall seek defense or indemnification for any worker's compensation claim arising out of the course and scope of any assistance requested or provided by a Party pursuant to this Agreement. To the maximum extent permitted by law, the Parties agree that the other shall not be considered "third parties" for purposes of imposing_workers' compensation liability on any parry except the entity employing an employee who may be injured during any action of the Parties or their designated employees. 3.0 SUPERVISION& OPERATIONAL CONTROL. 3.01 Supervision; Generally. Supervision over the rendition of law enforcement services, the standards of performance, the discipline of officers, the control of personnel so employed, and other matters incident to the performance of police services pursuant to this Agreement shall remain with each of the Police Departments as to its respective officers, employees or agents. Additionally, with respect to DMH employees or agents, management of and supervision over the mental health services provided, the standards of performance, discipline of employees, the control of personnel so employed, and other matters incident to the performance of mental health services pursuant to this Agreement shall remain with the DMH. Unless specifically set forth herein, each of the Parties and its officers, employees or agents shall only have control over the manner, mode or means by which its own officers, employees, or agents perform the services contracted for herein. The Parties shall have no authority over the supervision or control of the other Parties' officers, employees or agents or any of the personal property owned by the Parties, including but not limited to canine units, vehicles or weapons in the possession or use of the Police Department that provides the same. 3.02 Joint Operatians. Notwithstanding Section 3.01, in the even that SRMET personnel respond to a request for services from another jurisdiction, the SRMET personnel shall; be in charge of all mental health related-police services in connection with the response. In the event the requesting agency disagrees with the SRMETR personnel related to such services, the requesting agency may retract the request for SRMET assistance and handle the remainder of the response without the SRMET personnel assistance. -3- 83637 4.0 COMPLIANCE WITH ALL LAWS. 4.01 Compliance With Municipal, State & Federal Law. At its sole cost and expense, the DMH and each Police Department, its officers, employees, and agents, including canine units, shall comply with all of the requirements of all municipal, state and federal laws, regulations and authorities now in force, or which may hereafter be in force pertaining to the services contracted for in the Agreement and any activities associated therewith. Specifically, all police services, resources and assistance rendered pursuant to this Agreement shall be provided in accordance with all applicable ordinances, resolutions, statutes,rules and regulations. 5.0 CIVIL LIABILITY& INDEMNIFICATION. 5.01 Civil Liability, No Party, nor any officer, employee, or agent, of a Party, shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of any other Party, or any officer or employee of any other Party, under or in connection with the performance of this Agreement. In contemplation of the provisions of Government Code § 895.2, which imposes certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement (as defined by Government Code § 895), each of the Parties hereto, pursuant to the authorization contained in Government Code §§ 895.4 and 895.6, agree that each Party shall be liable for any damages including, but not limited to, the claims, fees and costs resulting from the negligence, gross negligence, intentional acts, civil right violations (including but not limited to those arising under 42 USC § 1983), criminal acts and/or other willful or wrongful misconduct ("Claims or Liabilities") attributable to or committed by its respective officers, employees or agents in the performance of this Agreement to the same extent that such liability would be imposed in the absence of Government Code § 895.2. To achieve the above-stated purpose, each of the Parties shall indemnify and hold harmless the other Parties for any liability, cost, or expense that may be imposed upon such other Party solely by.virtue of said Section 895.2. Additionally, no Party shall seek indemnity for the Claims or Liabilities attributable to or committed by its respective officers, including reasonable attorneys' fees,from the other Parties. 5.02 Indemnification. Each Party hereby agrees that it shall defend, indemnify and hold harmless the other Parties and their officers, employees and agents, from any and all Claims or Liabilities that may be asserted or claimed by any persons, firm, or entity arising out of or in connection with any act or omission of that Party, its officers, employees, agents, subcontractors, and independent contractors, for property damage, bodily injury or death, or any other element of damage of any kind or nature, occurring in the performance of this Agreement to the extent that such liability is imposed on the other Parties in any legal action or claim based upon such alleged negligent, willful and/or intentional acts or omissions, and/or alleged civil rights violations,by another Party and/or its officers, agents and employees. In the event that such defense and indemnification are provided pursuant to this Agreement, the Party and its officers, employees and agents receiving such defense and indemnification agree that cooperation with the defense of the involved litigation shall be -4- 83637 provided and subject to the terms of Government Code §§ 825 and 995, et seq. It is the intention of all Parties that principles of comparative fault, including that provided for by Government Code § 895.6, shall be followed and that each Party shall bear the proportionate cost of any damage attributable to the fault of that Party, its officers, employees or agents. 5.03 Choice of Counsel. Should legal claims or other issues requiring the attention of counsel arise from the joint performance of this Agreement by the Parties, each Party shall have the choice of counsel to defend any and all claims against itself, without any right to reimbursement or contribution from the other Parties, except as otherwise provided herein. With respect to strict liability claims, each of the Parties shall have the right to select its own attorney; however, the total legal fees and costs incurred for the attorneys for all Parties named in a lawsuit shall be divided equally and shared equally among the Parties. 6.0 INSURANCE. 6.01 Each of the Parties carries, and acknowledges the other Parties carry, sufficient insurance or is sufficiently self-insured to protect itself and each other from liability to third parties that may arise from the performance of this Agreement, including General Commercial Liability Insurance, Workers' Compensation Insurance,and Business Automobile Insurance. 7.0 ENFORCEMENT OF AGREEMENT. 7.01 California 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. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the appropriate court of the County of Los Angeles, State of California. 7.02 Attorneys' Fees. If any Party to this Agreement is required to initiate or defend 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 which may be granted, whether legal or equitable, shall be entitled to receive reasonable attorneys' fees and costs from the other party. Attorneys' fees shall include attorneys' fees on appeal, reasonable costs for investigating such action, taking depositions and discovery and all other n@--essary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 GENERAL PROVISIONS 8.01 Prohibition Azainst Assignment. This Agreement is not assignable in whole or in part without consent of all parties as memorialized and signed -5- 83637 by each Party. Any such prohibited transfer or assignment shall be void. 8.02 Notice. Any notice, demand, request, document, consent, approval, communication, or other such item to be given, delivered, furnished or received hereunder shall be deemed given, delivered, furnished,' and received when given in writing and personally delivered to an authorized agent of the applicable party, or upon delivery by the United States Postal Service, first-class registered or certified mail, postage prepaid, return receipt requested, or by a national "overnight courier" such as Federal Express, at the time of delivery shown upon such receipt; in either case, delivered to the address, addresses and persons as each Party may from time to time by written notice designate to the other and who initially are: Los Angeles County DMH: LOS ANGELES COUNTY DEPT. OF MENTAL HEALTH Attention: Dr. Marvin J. Southard,Director 550 S. Vermont Ave. Los Angeles, CA 90020 Bell Gardens: CITY OF BELL GARDENS POLICE DEPT. Attention: Chief Robert E. Barnes 7100 Garfield Avenue Bell Gardens, CA 90201 Bell: CITY OF BELL POLICE DEPT. Attention: Chief Edward Dadisho -6330 Pine Avenue Bell, CA 90201 A copy to: ALESHIRE&WYNDER,LLP Attention: City Attorney,Dave Aleshire 18881 Von Karman,Ave, Ste. 1700 Irvine, California 92612 Vernon: CITY OF VERNON POLICE DEPT. Attention: Chief Daniel'Calleros 4305 S. Santa Fe Avenue Vernon, CA 90058 -6- 83637 Downey: CITY OF DOWNEY POLICE DEPT. Attention: Chief Carl Charles 10911 Brookshire Avenue Downey, CA 90241 i Huntington Park: CITY OF HUNTINGTON PARK POLICE DEPT. Attention: Chief Jorge Cisneros 6542 Mile Avenue i Huntington Park, CA 90255 South Gate. CITY OF SOUTH GATE POLICE DEPT. Attention: Chief Randy Davis 8620 California Avenue South Gate, CA 90280 Signal Hill: CITY OF SIGNAL HILL POLICE DEPT. Attention: Chief Michael Langston 2745 Walnut Ave. Signal Hill, California 90755 A copy to: ALESHIRE&WYNDER, LLP Attention: City Attorney,Dave Aleshire 18881 Von Karman, Ave, Ste. 1700 Irvine, California 92612 8.03 Nondiscrimination and Nonsegregation Clause. Each Party hereby covenants by and for itself, its heirs, executors, administrators and assigns, and all persons claiming under or through it, that this Agreement is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income or disability in the performance of this Agreement, nor shall any Party, or any person claiming under or through Lt, establish or permit any such practice or practices of discrimination or segregation in the performance of this Agreement. Each Party shall take affirmative action to insure applicants are employed and employees are treated during employment without regard to their race, color, creed, religion, sex,marital status,national origin, or ancestry. 8.04 No Joint Venture, Partnership or Joint Powers Authority. Notwithstanding any other express or implied provision of this Agreement, this Agreement shall not create a joint venture, partnership,joint powers authority or any -7- 83637 other relationship of association between the Parties. 8.05 No Grant of Agency. No Party to this Agreement shall have the authority, express or implied, to act on the behalf of any other Party in any capacity or to bind any other Party to any obligation whatsoever, as an agent. 8.06 Integration Clause. This Agreement constitutes the entire understanding between the Parties as to the specific subject matter hereof, and supersedes any prior understanding and/or written or oral agreements between them respecting the within subject matter. It is understood that there are no representations, agreements, arrangements or understandings, oral or written, between the Parties hereto, relating to the subject matter of this Agreement, which are not fully expressed herein. This Agreement includes all attachments attached hereto, which by this reference are incorporated herein, and also includes any other documents incorporated herein by reference as though fully set forth herein. Said documents shall be interpreted insofar as possible to prevent any inconsistency and to effectuate the terms thereof, without one prevailing over the other, except that in the event of a conflict between the provisions of "Exhibit A"and any other provisions of this Agreement,the provisions of this Agreement shall prevail. 8.07 Severability. Should any covenant, term, condition, or provision of this Agreement be deemed invalid or unenforceable, the same shall not affect, in any respect whatsoever, the validity of the remainder of this Agreement, and all ions of the Agreement shall remain in effect between the Parties. remaining valid poi 8.08 Knowing and Voluntary. This Agreement is an important legal document and in all respects has been voluntarily and knowingly executed by the Parties hereto. The Parties specifically represent that, prior to the signing of this Agreement, they have been provided a reasonable period of time within which to consider whether to accept this Agreement. The Parties further represent that they have each carefully read and understand all of the-provisions of this Agreement, and that they are voluntarily, knowingly and without coercion entering into this Agreement based on their own judgment. The Parties fiurther represent that prior to the signing of this Agreement, they have conferred with their counsel to the extent desired concerning the legal effect of this Agreement and consent to be bound by the same. 8.09 Modifications. Any alteration, change or modification to this Agreement must be made by written instrument executed by each Party hereto in order to become effective. 8.010 No Third Party Beneficiaries. No person or entity shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement, either express or implied, is intended to confer upon any person or entity any rights, remedies, obligations, or liabilities under or by reason of this Agreement. 8.011 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used, and any uncertainty or -8- 83637 ambiguity existing herein shall not be interpreted against any, Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply, but otherwise shall be interpreted according to the application of the rules on interpretation of contracts. 8.012 Execution. (a) This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. (b) The persons executing this Agreement on behalf of each Party represents and warrants that: (i) they are duly authorized to execute and deliver this Agreement on behalf of said party; (ii) by so executing this Agreement, said party is formally bound to the provisions of this Agreement; and (iii) the entering into this Agreement by said party does not violate any provision of any other Agreement to which that party is bound or any applicable law. In the event that any representative executing this Agreement on behalf of any participating Party should no longer serve in an authorized capacity for that Party, it is the intent of all Parties that this Agreement shall continue to remain binding on all Parties unless and until any Party expressly withdraws from this Agreement, in writing. It is the further intention of all Parties that the withdrawal of any Police Department from the terms of this Agreement shall not affect the rights and obligations of the remaining Parties. (c) In order to be effective, this Agreement must be: (i) approved and ratified by the City Council of each Police Department; provided, however, that such ratification shall not have the intent or effect of forming a separate legal entity or joint powers authority; and (ii) signed by the Mayor and City Attorney of the respective cities within which each Police Department is located, except where City Council has authorized the City Manager or the Chief of Police to execute the Agreement. (d) Additionally, this Agreement must be: (i) approved and ratified by the Director of the Los Angeles County Department of Mental Health pursuant to the authority delegated to the Director of the Department of Mental Health by the Los Angeles County Board of Supervisors; provided, however, that such ratification shall not have the intent or effect of forming a separate legal entity or joint powers authority; and (ii) signed by the Director of the Los Angeles County Department of Mental Health and County Counsel for the County of Los Angeles. IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement, consisting of a total of 15 pages (including signatures and Exhibit"A"), as of the date first written above and hereby approve of all of the terms and conditions as set forth above. �i -9- 83637 COUNTY: COUNTY OF LOS ANGELES, a municipal corporation By: — -— Marvin J. Southard Director, Los Angeles County Department of Mental Health APPROVED AS TO FORM: John Krattli County Counsel, Los Angeles County CITY: CITY OF BELL GARDENS, a municipal corporation By. — � Philip Wagner City Manager ATTEST: Rosalia Conde City Clerk APPROVED AS TO FORM: Arnold Alvarez-Glasman City Attorney CITY: CITY OF BELL, a municipal corporation By: _ Nestor Enrique Valencia Mayor -10- 83637 ATTEST: Janet Martinez Acting City Clerk APPROVED AS TO FORM: David Aleshire City Attorney CITY: CITY OF VERNON, a municipal corporation By: William M. McCormick Mayor ATTEST: Ana Barcia T� Deputy City Clerk APPROVED AS TO FORM: Zaynah Moussa Deputy City Attorney CITY: CITY OF DOWNEY, a municipal corporation Luis H. Marquez . Mayor ATTEST: Adria M. Jimenez, CMC -11- 83637 City Clerk APPROVED AS TO FORM: Yvette M. Abich Garcia City Attorney CITY: CITY OF HUNTINGTON PARK, a municipal corporation B y: --— ---- Rosa E. Perez Mayor ATTEST: Yesenia Gomez Acting Junior Deputy City Clerk APPROVED AS TO FORM: Todd Litfm Interim City Attorney CITY: CITY OF SOUTH GATE, a municipal corporation By: Henry C. Gonzalez Mayor ATTEST: Cannen Avalos City Clerk -12- 83637 ------------ APPROVED AS TO FORM: Raul F. Salinas City Attorney CITY: CITY OF SIGNAL HILL, a municipal corporation By: Michael S. Langston Chief of Police ATTEST: Robert Copeland City Clerk APPROVED AS TO FORM: David Aleshire City Attorney [END OF SIGNATURES] f a f: .t •I i -13- 83637 EXHIBIT "A" SCOPE OF SERVICES I. GENERAL DESCRIPTION OF SRMET SERVICES i By entering into this Agreement,the Police Departments and DMH intend to form a partnership in order to: i) provide resources to staff at least two"Southeast Region Mental Evaluation Teams"("SRMET")to be deployed for Police Department business involving calls pertaining to members of the public in the various Police Department jurisdictions suffering from mental health-related issues; ii) during such deployments, advise and assist responding officers on mental health-related issues; iii)provide supplementary analysis and reports for on-going cases and investigations involving mental health-related issues; and iv) allow DMH personnel to provide mental health- related clinical services to Police Department contacts. II. PERSONNEL,MANAGEMENT AND FACILITIES A. STAFFING 1. Each SRMET shall consist of one sworn police officer paired with one DMH mental health clinician. 2. Regular SRMET availability and schedules shall be based upon mutual agreement to be established by the Parties at a later date. 3. There shall be at least two (2) SRMETs for the duration of this Agreement. Accordingly,the DMH shall provide a total of at least two clinicians for 1 SRMET duties. Each of the Police Departments shall make available sworn officers as needed for SRMET duties. B. MANAGEMENT RESPONSIBILITY As provided in Section 3.01 of this Agreement, each of the Parties shall retain responsibility for management and supervision of its own personnel. C. TRAINING The DMH shall provide Police Department SRMET personnel mental illness field and investigative training. The DMH shall provide personnel as.needed to the Police Departments for mental illness training conferences and classroom training sessions as requested by the Police Departments. -14- 83637 D. OFFICE SPACE,TRANSPORTATION, EQUIPMENT AND SUPPLIES 1. The Police Departments shall provide DMH SRMET Personnel office space, furniture, and logistical support necessary to ensure the functionality of the SRMET. The DMH shall provide to its personnel its own computers, office supplies, and communications equipment, including, but not limited to, cell phones. The Police Departments will also provide DMH SRMET Personnel with parking spaces to accommodate DMH vehicles. 2. The Police Departments shall provide Police Department SRMET Personnel the necessary office space, furniture, equipment, computers, radios, supplies, vehicles, Computer Digital Terminals, and logistical support to ensure the functionality of the SRMET. E. POLICE DEPARTMENT FACILITIES ACCESS DMH SRMET Personnel shall be provided with access to Police Department facilities as needed in order to accomplish the objectives of this agreement. III. SRMET PROCEDURES AND PROTOCOL A. RESPONSIBILITY FOR DISPATCHING SRMET The Police Departments will serve as the primary authority for generating work, and for dispatching SRN4ET when requests for services are made. Police Departments management will prioritize all calls for service and dispatch accordingly. The DMH agrees not to direct or re-direct DMH personnel to perform duties not identified by the Police Department management. B. DISRUPTIONS IN NORMAL OPERATIONS The Police Departments shall have the discretion to re-assign Police Department SRMET Personnel as needed in order to accomplish the objectives of this agreement. In the event a Police Department must re-deploy Police Department SRMET Personnel resulting in disruptions to SRMET operations, DMH SRMET personnel shall be notified as soon as reasonably possible. Similarly, DMH shall notify the P91ice Departments in advance when DMH SRMET Personnel must be re-deployed due to training obligations, mandatory meetings, or county-wide crisis events. In the event of a county-wide crisis,-the DMH shall first consult with the Police Departments when re-deployment of DMH SRMET Personnel is being considered. DMH will give priority to the Police Departments to make use of DMH SRMET Personnel during county-wide crisis events. Each of the Parties shall ensure all other Parties are notified when SRMET Personnel are absent, either excused or unexcused. -15- 83637 IV. INFORMATION SHARING AND RECORDS A. CONFIDENTIALITY AND SHARING OF INFORMATION All personnel assigned to SRMET duties shall be knowledgeable and abide with the provisions of the law pertaining to confidentiality of information related to a client's mental history and other medical records, and shall be in HIPPA (Health Information Privacy Protection Act) compliance both in areas of privacy and security of protected health information. The mental health history of a client shall be accessed only by DMH clinicians through Los Angeles County's Integrated System ("IS") or the Integrated Behavioral Health Information System ("IBHIS"). Such information shall be made available to Police Department SRMET personnel only as needed for law enforcement purposes. DMH SRMET Personnel may disclose IS/IBHIS information and any other protected mental health information to other specialized units within the Police Departments in the following circumstances: • In response to a court order, warrant, subpoena, summons or process issued by a court. • If the clinician believes the client presents a serious present or imminent danger of violence to self or another person. - B. RECORDKEEPING AND RECORD INSPECTION The Police Departments agree to maintain all records relating to their respective SRMET operations consistent with laws and policies governing records retention in each respective Police Department. DMH agrees to retain all of its records relating to SRMET operations consistent with laws and policies governing DMH records retentions. DMH client records shall be housed for a period of seven years after contact with the client is terminated in compliance with the California Welfare and Institutions Code. Each of the Parties shall have the right to inspect and make copies of records pertaining to the SRMET operations, as permitted by law. The expense of any copies requested shall be paid for by the Party requesting such records. -16- 83637 RECEIVED REV% :�7n_ FEB 1 1 2015 �.S%° FEB 10 2015 CITY CLERK'S OFFICE STAFF REPORT CITY ADMINISTRAT PUBLIC WORKS, WATER & DEVELOPMENT SERVICE DATE: February 17,2015 TO: Honorable Mayor and City Council PREPARED BY: Lissette Melendez,Associate Engineero�& APPROVED BY: Samuel Kevin Wilson,Director of Public Works,Water&Development Services RE: Electrical Easement—3480 26th Street Recommendation It is recommended that the City Council: 1. Find that the acceptance of the Electrical Easement proposed in this staff report is 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 Electrical Easement, in substantially the same form as attached to this staff report, and authorize the Mayor to execute said document. Backaround The Department has received fully executed Electrical Easement by Gye Ha Lem, an individual for the property located at 3480 26th Street, assessor's parcel number 6303-001-016. The property at the above mentioned location is being redeveloped and the easement is for the installation and maintenance of City owned electrical conduit and equipment serving the property. The easement has been reviewed and approved by the Gas & Electric Department and has been approved as to form by the City Attorney's Office. Fiscal Impact Acceptance of the proposed Electrical Easement 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 Clem MAIL TAX STATEMEN,rs 'I'U: Fxempt SPACE Aei}VF?THIS LINE nSERVED FOR W's{.'OItI3WS L M: EASEMENT APN: 6303-001-016 DOCUMENTARY TRANSFER TAX IS NONE—NOT REQUIRED SEC 11922 REVENUE TAXATION CODE. FOR VALUABLE CONSIDERATION,RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, GYE HA LEM,an individual(the"Grantor") HEREBY GRANT(S)TO: City of Vernon, a body corporate and politic("Grantee") An easement for every purpose beneficial to the Vernon light& Power Department,including, but not limited to,the right to install underground and overhead electric and other public utilities, with the right of ingress and egress over, under,across and through that certain real property in the City of Vernon, County of Los Angeles, 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. This easement is on a portion of the property owned by the Grantor. Date: "Grantor" GYE HA LEM, an individual A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California. County of c _ m � On before me, }u nc Ali Cho , n I ry i �'� r` [ , (Insert Name of Notary Publi isle) personally appeared C ryeNa. LeW1 who proved to me on the basis of satisfactory evidence to be the personM whose name,{) is/4P6 subscribed to the within instrument and acknowledged to me that he/,W`thnf executed the same in hi /twr authorized capacity*, and that by his/her/their signaturef) on the instrument the person(V, or the entity upon behalf on which the person 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 sea[. Signature Z (Seal) a IYUM6 AN CHO COMM. 4f2063155 x Nortary Public Cal{fornii � = Los ArgWes Caunky (`fie.E HeS Apr.29.2018 SNEDAKER LAND SURVEYING P.O.BOX 2305 IRWINDALE,CALIFORNIA 91706 (626)841-2403 (626)966-7106 FAX APRIL 1,2014 EXHIBIT A ELECTRICAL EASEMENT LEGAL DESCRIPTION THAT PORTION OF THE RANCHO SAN ANTONIO,IN THE CITY OF VERNON,COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,DESCRIBED AS FOLLOWS: A STRIP OF LAND 5.00 FEET WIDE LYING 2.50 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF PACIFIC LAND IMPROVEMENT COMPANY"8.32 ACRES"AS SHOWN ON A RECORD OF SURVEY FILED IN BOOK 223 PAGES 65 AND 66 OF RECORDS OF SURVEY IN THE OFFICE OF SAID COUNTY RECORDER WITH A LINE THAT IS PARALLEL WITH AND 30 FEET SOUTHERLY OF THE CENTERLINE OF 26TH STREET AS SHOWN ON SAID RECORD OF SURVEY, SAID PARALLEL LINE IS THE SOUTHERLY LINE OF A 10 FOOT WIDE STRIP OF LAND CONVEYED TO THE CITY OF VERNON IN INSTRUMENT NUMBER 20140193822,RECORDED FEBRUARY 25TH 2014, OFFICIAL RECORD OF SAID COUNTY RECORDER. THENCE NORTH 86`18'10" WEST 53.65 FEET ALONG SAID PARALLEL LINE TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 03'41'50" WEST 1.61 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 5.00 FEET;THENCE ALONG SAID CURVE 7.85 FEET THROUGH A CENTRAL ANGLE OF 89°55'23"DEGREES; THENCE NORTH 86'22'47" WEST 183.81 FEET; THENCE SOUTH 01'07'00"WEST 335.57 FELT TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 5.00 FEET; THENCE ALONG SAID CURVE 7.85 FEET THROUGH A CENTRAL ANGLE OF 90'00'00" DEGREES; THENCE SOUTH 88°53'00"EAST 35.79 FEET TO A POINT, SAID POINT BEING CALLED POINT A FOR THE PURPOSES OF THIS LEGAL DESCRIPTION. TOGETHER WITH A STRIP OF LAND 10.00 FEET WIDE LYING 5.00 NORTHERLY AND 5.00 FEET SOUTHERLY OF THE CENTERLINE DESCRIBED AS FOLLOWS BEGINNING AT SAID POINT A THENCE SOUTH 88'53'00" EAST 12.00 FEET i11 M. SNEDAKER,P.L.S.NO. 75b5 '� JOB NO. 12-020 C+F C A-2ff-W T T- C o 20' _N 86°1 0 r ~ — ~ — E_ `'0, _ 18 10' 2 70.00' 53.65' 10 j I- 86822'47� _'y I 183.81 ' _ T. o7 2.5' Ln CDao _ n L� 2.5 ao rl n ,,,s �` c rn cr> rl � � o � x I6 < C3 ?1P " J < Qoi DELTA„ fi 90000'00" ' z "luIUJ = �.VU !t y LENGTH = 7.85' Z o Z a E I 5 88°53'00" E z to I 12.00' cn J 0 W (n t POINT A 5, _j g U N — ¢ c1r ��S�88053000" - 35.79' uj 0 o0) r` Q o � � U-) S 88029'37" ', s5 20.02' ` or rn ;ar N 88026'46" L N 01°07'00JE � r� i2/ � � �' 234.38' 34.89' * w IUD 7509 ° i00 /1 o r N88026'46"E 490.52' $NEDAKER PREPARED FOR: )ATE. 5-5-14 LAND SURVEYING Joe # 12-020 PJOBM 2WO E*W!9 DNDE PROPE REft LLC )RAM I RS FWAND"c BM EASEMENT �:AD 112-020.d+� (OW (W)NO-71M SCALE I N.T.S. I SHEET 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 Electrical Easement dated February 4, 2015, executed by Gye Ha Lem, an individual 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 February 7, 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 s F RECEIVE® �n5 pt e a '►'car raa 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 4% 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. 1 • 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 (fieeze 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 EXHIBIT 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 was 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 8% 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 ronzales Title: Mayor ATTEST: anuela Giron City Clerk Page 2 of 2 EXHIBIT B v h RECEIVEL DEC 15 20 it CffY CLEWS urrlGI 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 August 16. 2011 the City Council approved the budget for fiscal year 2011-2012. The budget appropriated expenditures for the following: ■ One-time. one-step increases for eligible employees. ■ Adjusunents 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 otherm-ise directed by the City Council. I 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 MATTERS I. 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 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 Hilario Gonzales reflected on his years in Vernon, and expressed his appreciation towards the City and its employees. XI.NUT8S 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 1.89% 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. CONSENT 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. 1338 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 $555.96; 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 8. 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: 1. 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 $2,585,799.601 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. Resalution 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 1. 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 -he 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. &. 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 11 Regular City Council Meeting Minutes January 3, 2012 Category F Recommendation Business Representative Jim Andreoli Jr. Business Representative Albert Aalimi Business Re resentative LL� Ingun Littorin Labor Representative Armando Espinoza Labor Re resentative _ Jaime Villanueva Environmental Representative JPeter 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-Tem 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 2800 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 555S 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. I William J. b s Mayor Pro-Tem ATT i lard G. Y c i City Clerk Page 11 of 11 EXHIBIT C MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, JUNE 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 1018. 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 :o 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. 1033. 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 13.5V 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 29tb 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. Goff 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 50t 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 54V 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 be 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 85V 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 28V contribution and that employees contribute 8% 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. Davis Mayor Pro-Tem ATT��I : Jr lard a a c i City Clerk Page 6 of 6 Vernon5.2 Square Mies - 1,800 Companies - 55,000 Workers - $4.5 Billion Private Employer 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 V E R N 0 N M E A N S B U S I N E S S Vernon5.2 Square Mles 1,800 Companies 55,DOO 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 CUTS CITY HAS MADE (CONTINUED) • Labor force reduced nearly 20% — 327 employees in 2008 — 270 employees currently • No cost of living adjustment — 2007 — 2008 — 2009 — 2010 — 2011 City of • 1 N S B U S I N E S S Vernon 62 Square Miss , 100 Companies - 55,000 Workers - $4.5 Billion Private Em ploy-er Pa yToll 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 N • SIN ESS Vernon 5.2 • : 11 Companies 55,000 Workers • • • Payroll W 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 Vernon 52 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 Cw'ity of Vernon 52 Square Mies - 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 Vernon52 Square Mles 1,800-C-ompanies - 55,000 Workers - $4.5 Billion Private -E-m-- �oyer Payroll 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 Vernon5-2S,—qua-re—Miles - 1,800 Companies - 55,DOO 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 districts' 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 LACoFD 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 hats 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 Cade, 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) 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 ("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 ("UASI") 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 4; or commitment is being requested. 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 25% 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 ^s` 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: Ana Bilbia Deputy City Clerk Page 14 of 14