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20150901 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 Office of the City Clerk at Vernon City Hall, 4305 Santa Fe Avenue; Vernon, California 90058, no appointment necessary, and on the City's website at www.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 Office of the City Clerk at (323) 583-8811. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. Agenda City of Vernon Regular City Council Meeting �F,YE�,�, Tuesday, September 1, 2015, 9:00 a.m. Council Chamber 4305 Santa Fe Avenue y Vernon, California W. Michael McCormick, Mayor arVXLY irs9v William J. Davis,Mayor Pro-Tem Luz Martinez, Council Member Melissa Ybarra, Council Member Yvette Woodruff-Perez, Council Member CALL TO ORDER& FLAG SALUTE CHANGES TO THE AGENDA PUBLIC COMMENT - At this time the public is encouraged to address the City Council on any matter that is within the subject matter jurisdiction of the City Council. The public will also be given a chance to comment on matters which are on the posted agenda during City Council deliberation on those specific matters. PRESENTATIONS 1. The Police Department will conduct a badge presentation ceremony to recognize the five newly selected Police Corporals. 2. Outstanding Athletic Achievement Recognition Award presented to Firefighter Douglas Barker. 3. Presentation by John Van de Kamp of his July 31, 2015 Independent Reform Monitor Report. 4. American Public Power Association (APPA) Mutual Aid Agreement. Regular City Council Meeting Agenda September 1, 2015 5. Presentation on Vernon's Various Governing Bodies. Recommendation A. Receive informational presentation on the City's various governing bodies. 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 6. None Warrant Registers 7. Ratification of the following City Warrant Registers to record the following voided checks: A. City Warrant Register No. 1428 to record voided Check No. 348144 in the amount of$2,504.96; and B. City Warrant Register No. 1424 to record voided Check No. 347490 in the amount of$264.00; and C. City Warrant Register No. 1421 to record voided Check No. 347049 in the amount of$200.00; and D. City Warrant Register No. 1429 to record voided Check No. 348209 in the amount of$100.00; and E. City Warrant Register No. 1430 to record voided Check No. 348299 in the amount of$16.65. 8. Approval of City Warrant Register No. 1431, totaling $1,442,517.47, which covers the period of August 11, through August 24, 2015, and consists of the following: A. Ratification of wire transfers totaling $1,016,808.01; and B. Ratification of the issuance of early checks totaling $224,543.24; and C. Authorization to issue pending checks totaling $201,166.22. 9. Approval of Light & Power Warrant Register No. 396, totaling $1,504,548.76, which covers the period of August 11, through August 24, 2015, and consists of the following: A. Ratification of wire transfers totaling $1,408,342.40; and B. Ratification of the issuance of early checks totaling $68,072.31; and Page 2 of 7 Regular City Council Meeting Agenda September 1, 2015 C. Authorization to issue pending checks totaling $28,134.05. 10. Approval of Gas Warrant Register No. 184,totaling$15,832.14,which covers the period of August 11,through August 24, 2015, and consists of the following: A. Ratification of wire transfers totaling $1,858.93; and B. Ratification of the issuance of early checks totaling $382.03; and C. Authorization to issue pending checks totaling $13,591.18. Fire Department 11. Activity Report for the period of August 1 through August 15, 2015, to be received and filed. Police Department 12. Activity Log and Statistical Summary of Arrests and Activities for the period of August 1,through August 15, 2015, to be received and filed. Public Works, Water and Development Services Department 13. July 2015 Monthly Building Department Report, to be received and filed. NEW BUSINESS City Administration Department 14. A Resolution of the City Council of the City of Vernon approving and authorizing the execution of a services agreement by and between the City of Vernon and Century 21 Allstars and Luther Sanchez to serve as the City's real estate agent for the sale of three residential properties owned by the City. Recommendation: (Items A-C) A. Find that the approval and award of a Services Agreement to Century 21 Allstars and Luther Sanchez to serve as the City's real estate agent for the sale of residential property owned by the City is 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 Page 3 of 7 Regular City Council Meeting Agenda September 1, 2015 B. Adopt a resolution approving and awarding a Services Agreement to Century 21 Allstars and Luther Sanchez to serve as the City's real estate agent for the sale of the following residential properties owned by the City of Vernon: ■ 6036 Stafford Avenue, Huntington Park, CA 90255 ■ 6042 Stafford Avenue, Huntington Park, CA 90255 ■ 6044 Stafford Avenue, Huntington Park, CA 90255 C. Authorize the City Administrator to execute the Services Agreement and any and all other documents necessary to facilitate the sale of the three aforementioned residential properties. All terms and conditions of each sale will be subject to final approval by the City Council Fire Department 15. Donation and Release Agreement between the City of Vernon and California Fire Museum and Safety Learning Center. Recommendation: A. Find that approval of the revised donation and release agreement is exempt under the California Environmental Quality Act ("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Approve the Donation and Release Agreement between the City of Vernon and the California Fire Museum and Safety Learning Center for the donation of a surplus 1964 Crown Fire Coach 2000 GPM Pumper and rescind all donation and release agreements in conflict therewith. Gas and Electric Department 16. A Resolution of the City Council of the City of Vernon approving and authorizing the execution of a utility agreement no. 7UA-13129 by and between the City of Vernon and the State of California, acting by and through the Department of Transportation, for relocation of City electrical lines,poles and fixtures currently inhibiting the I-710 expansion proiect. Recommendation: A. Find that the approval of Utility Agreement No. 7UA-13129 with the Department of Transportation is categorically exempt from the California Environmental Quality Act("CEQA") pursuant to CEQA Guidelines §15301(b),because this approval will merely lead to the relocation of existing property, and such construction is, at most, a negligible alteration of the existing fixtures of the City's electric utility; and B. Approve the resolution to thereby permit the execution of a Utility Agreement No. 7UA-13129 with the Department of Transportation (DOT), in substantially the same form submitted with the staff report, for relocation of City electrical lines, poles and fixtures currently inhibiting the I-710 expansion project. Page 4 of 7 Regular City Council Meeting Agenda September 1, 2015 Human Resources Department 17. Approval of a Professional Services Agreement By and Between the City Of Vernon and Bob Murray&Associates to Conduct A Recruitment For The Position Of City Administrator For The City of Vernon. Recommendation: A. Find that approval of the professional services agreement by and between the City of Vernon and Bob Murray & Associates is exempt from California Environmental Quality Act ("CEQA") review, because it is a general policy and procedure making activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378. Furthermore, even if it were a project,because such activity will not have any effect on the environment, this action would be exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Approve and authorize the City Administrator to execute the professional services agreement on behalf of the City of Vernon with Bob Murray & Associates to conduct a recruitment for the position of City Administrator for the City of Vernon. 18. 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. Recommendation: (Items A-13.5) A. Find that approval of the proposed resolution is exempt from California Environmental Quality Act ("CEQA") review, because it is a general policy and procedure making activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a"project"as defined by CEQA Guidelines section 15378. Furthermore, even if it were a project, because such activity will not have any effect on the environment, this action would be exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Adopt the resolution amending and restating the Citywide Fringe Benefits and Salary Resolution, effective September 1, 2015, to reflect the following provisions: 1) Amend Exhibit A, Classification and Compensation Plan, as follows: a. Revise or add the following job classifications with the corresponding salary ranges: • Add Senior Electrical Test Technician Job Code 8053 (I31 - $7,962 - $9,677 —IBEW Group) • Title change and update job description of Substation Test Technician Job Code 8055 to Electrical Test Technician Page 5 of 7 Regular City Council Meeting Agenda September 1, 2015 b. Correct hourly salary of Assistant Fire Marshal to $41.6596 - $50.6423 per hour for forty(40)hour work schedule. 2) Reclassify one (1) incumbent in the Substation Test Technician position to Senior Electrical Test Technician, and place at Grade I31, Step 3 at $8,778 per month. 3) Retitle one (1) incumbent in the Substation Test Technician position to Electrical Test Technician. 4) Amend Section 7, Sick Leave, to exclude retired annuitants from part-time sick leave accruals. 5) Amend Section 18, Retiree Medical—Non-Safety Employees—to read non-payment of two (2) consecutive months shall automatically terminate and cease the City's obligation to make further payments under the retiree medical benefits program. ORDINANCES 19. Approval of the following ordinances Granting U.S. Tow,Inc. and HP Automotive & Tow Inc., A Franchise Towing Services Agreement: Ordinance No. 1231 - An Ordinance of the City Council of the City of Vernon granting to U.S. Tow, Inc., a franchise towing services agreement. Ordinance No. 1233 - An Ordinance of the City Council of the City of Vernon granting to HP Automotive & Tow Inc., a franchise towing services agreement. Recommendation: A. Find that approval of a services agreement with US Tow Inc. and HP Automotive & Tow Inc., 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 a significant effect on the environment; and B. Hold the first reading of the proposed Ordinance granting to U.S. Tow, Inc., a franchise towing services agreement; and C. Hold the first reading of the proposed Ordinance granting to HP Automotive & Tow Inc., a franchise towing services agreement; and D. Authorize the Mayor to execute the franchise agreements on behalf of the City. Page 6 of 7 Regular City Council Meeting Agenda September 1, 2015 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. CLOSED SESSION 22. PUBLIC EMPLOYMENT Government Code Section 54957 (b)(1) Title: City Administrator 23. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation. Government Code Section 54956.9(d)(2) Number of potential cases: 1 Claimant: Michael McCormick The City has received a claim for damages pursuant to the Government Claims Act. The claim is available for public inspection. 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 27th day of August 2015. By: Maria E. Ayala City Clerk Page 7 of 7 R IF "F �.�7D 1 ,. ' RECEIVED AUC 2 6 20l'i you;`r AUG 2 6 2015 CITY CLERK'S OFFICE STAFF REPORT CITY ADMINISTRATION VERNON POLICE DEPARTMENT 0 DATF.. September 1, 201 TO,. Honorable Mayor and City Council FROM: Daniel Calleros, Police Chief FJ V RE: Police Corporal Badge Presentation Recommendation The Police Department to conduct a badge presentation ceremony to recognize the five newly selected Police Corporals. Background As part of the Police Department succession planning, the Police Corporal Program is intended to develop staff and provide the necessary skills to act as an assistant supervisor or lead in the absence of a Police Sergeant or higher-ranking police personnel. The program will provide necessary training to develop internal staff and increases the availability of experienced and capable employees that are prepared to undertake supervisory roles as they become available in the near future. Fiscal Impact None Attachment(s) None Page 1 of 1 ti7 RECEIVED -_ AUa I 0 2015 AUG 24 2015 STAFF REPORT CITY AU M I N I S-1 RATI GN CITY CLERK'S OFFICE FIRE DEPARTMENT 0 DATE: September 1, 2015 TO: Honorable Mayor and City Council FROM: Michael A. Wilson, Fire Chief r Originator: Adriana Ramos, Administrative Secretary RE: Outstanding Athletic Achievement Recognition Award Presentation Recommendation Fire Chief, Michael A. Wilson, to present Firefighter, Douglas Barker with an Outstanding Athletic Achievement Recognition award. Background Over the last 15 years, Firefighter Barker has represented the City of Vernon numerous times at both the United States Police and Fire Championships and the World Police and Fire Games. During that period, Firefighter Barker has won forty gold medals, six silver medals, and three bronze medals in various swimming events. The California Police Athletic Federation, a non-profit organization established in 1970, is the governing body for the United States Police and Fire Championships and the World Police and Fire Games. Their mission is to promote sport and physical fitness among personnel representing law enforcement, fire, corrections, probation, border protection, immigration and customs. The Fire Department commends Firefighter Barker for his outstanding athletic achievements and commitment of time in representing the City of Vernon and the department. Fiscal Impact None. Attachment(s) None. Page 1 of 1 r RECEIVED STAFF REPORT CITY ARM RATION CITY CLERK DEPARTMENT DATE: September 1, 2015 TO: Honorable Mayor and City Council FROM: Maria E. Ayala, City Clerk RE: Presentation on Vernon's Various Governing Bodies Recommendation A. Receive informational presentation on the City's various governing bodies. Backizround The City Council had previously made a request for information on the City's various governing bodies. An overview of each of the entities such as: when they were established; what the original purpose was; and is there still a benefit in keeping these bodies active. The presentation will provide a general overview of each of the active bodies. Council, upon receiving more information, may determine that certain bodies are no longer active and may direct staff to proceed with steps to dissolve. Fiscal Impact There is no fiscal impact Attachment(s) None. 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C+�ECICAMOLdAi7 *1� 004320 05119120/5 347490 264.00 PAY Two Hundred Sixty Four Dollars and No Cents TO THE AARON CASS ORDER 4323 FURLONG PLACE OF VERNON, CA 90058 CITY OF VERNON ACCOUNTS PAYABLE CHECK NO. 347049 W46IC-E N'IWIE R DATE PO NUMBER DESCRIPTION DISCOUNT AMOUNT 031715 03/17/2015 EXPENSE REIMBURSEMENT 0.00 200.00 VV StDD P CU4 1 19- +W, 20000 PLEASE DETACH BEFORE DEPOSITING PAYABLE THROUGH City of Vernon EAST WESTBANK 2DBO HUNTINGTON 6R 2ND FLOOR 40-7m, tis 4305 Santa Fe Ave SAN UARIND CA911DB 12M Vernon, CA 9005E (323)583-8811 "E" OATIE - `� CHECKAMGUNT Y I� - rryryaa.+myy:E}}v//�� y //yy ++}y//yy y �7 M.�+�6}F,{R�y +7 �y �y L 004320 0410712015 347049 200.00 PAY Two Hundred Dollars and No Cents TO THE AARON CASS ORDER 4323 FURLONG PLACE OF VERNON, CA 90058 ,1 CITY OF VERNON ACCOUNTS PAYABLE CHECK NO. 348209 INL,O'iCF NUMEEF DATE P O NUMBER o CcaPY1Dk DISCOUNT i AMOUNT 021815 02/18/2015 BUSINESS & INDUSTRIAL COMMISSION MT, 0.00 10000 E NEU CITY CLER LIS OFFICE U� � t L4J / 5- 1 - I I 100-00 PLEASE DETACH BEFORE DEPOSITING wrceLE,�acnor, +v Clty of Ye►nOr1 EAUT ND EAW wm HUWhHGT0NDR 2ND FLOOR 4305 Santa Fe Ave Sw WRIND CA'Alle �12W Vernon. CA90058 (322) $83 $B17 LuasER EATIE {rIE[ ISA tOI]N7 w' ti 004495 0712312015 348209 100.00 PAY One Hundred Dollars and No Cents 4 TO THE ERIC R. GUSTAFSON L ORDER 3275 E. VERNON OF VERNON, CA 90058 00 1413 2D qv is 3 2 20 7❑ 3a 11: 130 3 E 2 7a 3n■ CITY OF VLRNON ACCOUNTS PAYABLE CHECK NO, 348299 INVOICE NUMBER DATE P O NUMBER DESCR{PTIOA DISCOUNT AMOUNT 051515 05/15/2015 MEDICAL EXPENSE: V. 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AUG 2 5 z 015 RECEIVED 4LCITY ADMNISTRATION AUG 2 6 2015 CITY CLERK'S OFFICE FIRE DEPARTMENT Michael A.Wilson,Fire Chief 4305 Santa Fe Avenue,Vernon,California 90058 Telephone(323)583-8811 Fax(323)826-1407 August 25, 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 August 1, 2015 through August 15, 2015. Respectfully Submitted, �L Michael A. Wilson Fire Chief MAW:ar Fireletnow E#fusivefy rn dustiiaf VERNON FIRE DEPARTMENT COMPANY ACTIVITIES August 1,2015 to August 15,2015 This Period Last Year This This Year Last Year To Date Period To Date ACTIVITY TYPE FIRE PREVENTION: Regular Inspections (#): 60 853 49 1057 Re-Inspections (#): 7 138 16 223 Spec. Haz. Inspections (#): 0 30 1 21 Total Inspections: 67 1021 66 1301 Total Man Hours: 76 1234 77 1805 TRAINING(HOURSZ Firefighting 90 1272 96 1523 Hazardous Materials 42 453 43 495 Safety 126 1721 121 2045 Apparatus Operations 128 1741 124 1902 Equipment Operations 124 1723 122 1978 CPR 0 56 0 26 First Aid 29 434 23 334 Total Hours: 539 7400 529 8303 PRE-INCIDENT (HOURS): Planning 87 1125 68 1365 District Familiarization 89 1206 82 1211 Total Hours: 176 2331 150 2576 PERIODIC TEST (HOURS): Hose Testing 0 8 0 26 Pump Testing 0 3 0 10 Total Hours: 0 11 0 36 Page 1 PUBLIC SERVICE PROGRAMS (HOURS) School Programs 1 13 0 33 Fire Brigades 0 6 0 18 Emergency Preparedness 6 153 3 173 Total Hours: 7 172 3 224 ROUTINE MAINTENANCE (HOURS; Station 125 1704 125 1860 Apparatus 128 1777 120 1897 Equipment 123 1770 119 1969 Total Hours: 376 5251 364 5726 Grand Total Hours: 1174 16399 1123 18670 Tireactivity Page 2 0 N In 14 tl O z w 2 a a o (D N IL 4�J w � � T N vs Q V � c • • a 0CL "� N V 7 o a H 0 z 0 Ln • Vb LLI • a Q 4d �QQ Vb • V • i � � '• p W �. L aw W� ca 0a 9 9 2 � Eit m-jY vE E 1.aa OV � . ` W1V= mW ` a IV E W : y F- V'z Q = CLLn �e R�� V lC G � W W W W W W W W W W W W W W W W W M. 96 fs IA- W LL 1L IL L6 96 W 96 W Incident Type Incident Date PREVENTION FOLLOW-UP? Shift 141 Forest, woods or wildland fire 08/01/2015 00:53:55 No 321 EMS call, excluding vehicle accident with inju 08/01/2015 02:24:19 No 322 Motor vehicle accident with injuries 08/01/2015 12:27:53 No 741 Sprinkler activation, no fire- unintentional 08/02/2015 10:39:26 No 322 Motor vehicle accident with injuries 08/02/2015 12:15:27 No 321 EMS call, excluding vehicle accident with inju 08/02/2015 16:00:02 No 700 False alarm or false call, other 08/02/2015 18:58:38 No 700 False alarm or false call, other 08/03/2015 13:19:47 No 311 Medical assist, assist EMS crew 08/03/2015 13:37:46 No 611 Dispatched &canceled en route 08/03/2015 15:08:36 No 112 Fires in structures other than in a building 08/03/2015 17:00:04 No 324 Motor vehicle accident with no injuries 08/03/201 5 1 7:44:05 No 322 Motor vehicle accident with injuries 08/03/2015 19:43:52 No 460 Accident, potential accident, other 08/04/2015 14:09:21 No 520 Water problem, other 08/04/2015 16:17:45 No 321 EMS call, excluding vehicle accident with inju 08/04/2015 22:25:11 No 150 Outside rubbish fire, other 08/04/2015 23:27:49 No 323 Motor vehicle/pedestrian accident(MV Ped) 08/05/2015 14:34:23 No 745 Alarm system activation,no fire,unintentional 08/05/2015 16:02:54 No 700 False alarm or false call, other 08/05/2015 17:04:00 No 900 Special type of incident, other 08/06/2015 13:32:40 No 311 Medical assist, assist EMS crew 08/06/2015 16:29:03 No 311 Medical assist, assist EMS crew 08/06/2015 17:36:22 No 611 Dispatched &canceled en route 08/06/2015 18:41:14 No 700 False alarm or false call, other 08/07/2015 02:33:49 No 321 EMS call, excluding vehicle accident with inju 08/07/2015 05:34:32 No 322 Motor vehicle accident with injuries 08/07/2015 09:49:13 No 700 False alarm or false call, other 08/07/2015 10:20:06 No 900 Special type of incident, other 08/07/2015 13:19:46 No 321 EMS call, excluding vehicle accident with inju 08/07/2015 14:00:01 No 740 Unintentional transmission of alarm, other 08/07/2015 14:08:23 No 300 Rescue, EMS incident, other 08/07/2015 14:23:07 No 520 Water problem, other 08/07/2015 15:14:40 No 311 Medical assist, assist EMS crew 08/07/2015 20:30:07 No 08/08/2015 015624 No 130 Mobile property(vehicle) fire, other 08/08/2015 04:38A0 No 700 False alarm or false call, other 08/08/2015 10:55:59 No 08/09/2015 04:10:54 No 700 False alarm or false call, other 08/09/2015 06:36:20 No 322 Motor vehicle accident with injuries 08/10/2015 02:18:03 No 731 Sprinkler activation due to malfunction 08/10/2015 04:27:06 No 311 Medical assist, assist EMS crew 08/10/2015 07:49:33 No 321 EMS call, excluding vehicle accident with inju 08/10/2015 08:14:13 No 700 False alarm or false call, other 08/10/2015 08:2421 No 741 Sprinkler activation, no fire- unintentional 08/10/2015 08:25:29 No 700 False alarm or false call, other 08/10/2015 11:47:20 No 322 Motor vehicle accident with injuries 08/10/2015 15:58:22 No 08/11/2015 01:45:55 No 300 Rescue, EMS incident, other 08/11/2015 10:12:13 No 445 Arcing, shorted electrical equipment 08/11/2015 22:33:09 No 700 False alarm or false call, other 08/11/2015 23:50:23 No 611 Dispatched &canceled en route 08/12/2015 03:12:00 No 08/12/201 5 1 3:59:42 No 700 False alarm or false call, other 08/12/201 5 1 5:01:39 No 700 False alarm or false call, other 08/12/2015 20:31:42 No 743 Smoke detector activation, no fire-unintenti 08/13/2015 12:19:42 No 740 Unintentional transmission of alarm, other 08113/2015 12:57,57 No 321 EMS call, excluding vehicle accident with inju 08/13/2015 14:29:42 No 324 Motor vehicle accident with no injuries 08/13/2015 16:26:30 No 322 Motor vehicle accident with injuries 08/13/2015 17:25:59 No 321 EMS call, excluding vehicle accident with inju 08/1 31201 5 1 9:09:24 No 321 EMS call, excluding vehicle accident with inju 08/13/2015 20:42:14 No 700 False alarm or false call, other 08/13/2015 21:24:40 No 321 EMS call, excluding vehicle accident with inju 08/14/2015 00:35:47 No 321 EMS call, excluding vehicle accident with inju 08/14/2015 05:25:29 No 422 Chemical spill or leak 08/14/2015 09:16:06 No 324 Motor vehicle accident with no injuries 08/14/2015 09:39:40 No 321 EMS call, excluding vehicle accident with inju 08/14/2015 12:17:31 No 324 Motor vehicle accident with no injuries 08/14/2015 14:15:33 No 311 Medical assist, assist EMS crew 08/15/2015 12:22:35 No e N LM LM N O O z w as o � A •� N � C •• A , cri 0 N w Y■� �, o 2 H 0 x s • { Y CA a u p- • oCj '^ ;i c l= a+ �' ac Na s C G� v m +.zuu�Jm � v � � � z a ` E d L O o 'e � � � � YaNi o4' °' °4 � a u. 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IL 1- li LO rC7. a a a a a C W = z Z ai + • Q i Z i F Z p Q 0 • C ar.+ _ t 0 ,6 0 u m a 4a', uu oyu � : Z � az ' 3o ` u � u = a H In 9is ZU a1+ I... a► , gz 9 c ? a 03as muW �o Z A c � FF- = aa ca. 04i � uF LA W W W W W W W W W W W LIJ UJ W w W w w w w w w w W W W W W w { t Y� CITY ADMINISTRATION POLICE DEPARTMENT - Daniel Calleros,Chief of Police Alit 1 $ 201 4305 Santa Fe Avenue,Vernon,California 90058 Telephone(323)587-5171 Fax(323)826r148I CtiTY cows OFFICE August 17, 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., August 1, 2015 up to and including midnight of August 15, 2015. Respectfully submitted, VERNON POLICE DEPARTMENT DAAN�� IEL CALLEROS CHIEF OF POLICE DC/ar EXcfusivefy Industrial VERNON POLICE DEPARTMENT Department Activity Report First Date: 0810112015 Jurisdiction: VERNON Last Date: 08/15/2015 Department Complaint All Units Primary Unit Type Description VPD 10-6 OFFICER IS 10-6 C7,961,962,10-10,WASH,EQUIPII 136 127 10-96M 10-96 MARY(MAIL DETAIL) 6 5 20002 NON-INJURY HIT AND RUN 16 6 20002R NON-INJURY HIT AND RUN REPORT 7 3 211 ROBBERY 4 1 211S SILENT ROBBERY ALARM 3 1 242 BATTERY 6 2 242R BATTERY REPORT 3 2 245 ASSAULT WITH A DEADLY WEAPON 3 1 273.5R DOMESTIC VIOLENCE REPORT 2 1 415 DISTURBING THE PEACE 22 7 459A AUDIBLE BURGLARY ALARM 133 66 459VR BURGLARY TO A VEHICLE REPORT 2 1 484R PETTY THEFT REPORT 8 4 503R EMBEZZLEMENT REPORT 1 1 586 PARKING PROBLEM 18 13 594 VANDALISM 2 1 594R VANDALISM REPORT 6 4 602 TRESPASS 25 9 901 UNKNOWN INJURY TRAFFIC COLLISION 6 3 901T INJURY TRAFFIC COLLISION 20 7 902T NON-INJURY TRAFFIC COLLISION 54 25 902TR NON-INJURY TRAFFIC COLLISION REPORT 1 1 909E TRAFFIC ENFORCEMENT 1 1 909T TRAFFIC HAZARD 3 1 911 911 MISUSE 1 HANGUP 10 7 911A CONTACT THE REPORTING PARTY 5 4 917A ABANDONED VEHICLE 4 4 920PR LOST PROPERTY REPORT 4 2 925 SUSPICIOUS CIRCUMSTANCES 6 5 A459 ATTEMPT BURGLARY 9 2 A487 ATTEMPT GRAND THEFT 4 2 AB109 PROBATION 1 PAROLE COMPLIANCE CHECKS 1 1 ASTVFD ASSIST VERNON FIRE DEPARTMENT 24 13 BARCK BAR CHECK 1 1 BOSIG BROKEN SIGNAL OR LIGHT 3 1 BOVEH BROKEN DOWN VEHICLE 24 14 CITCK CITATION CHECK 5 3 CIVIL CIVIL MATTER 1 1 CODE5 SURVEILLANCE/STAKE-OUT 3 1 COP COP DETAIL 1 1 DIET DETECTIVE INVESTIGATION 6 3 DETAIL DETAIL 2 2 DPTAST DEPARTMENTAL ASSIST 4 3 DUI DRIVING UNDER THE INFLUENCE 2 1 FILING OFFICER IS 10-6 REPORT WRITING 42 41 FOUND FOUND PROPERTY REPORT 2 1 FU FOLLOW UP 20 16 0811612015 00:08:34 Page of ? VERNON POLICE DEPARTMENT Department Activity Report First Date: 08/01/2015 Jurisdiction: VERNON Last Date: 08115/2016 Department Complaint All Units Primary Unit Type Description VPD GTAR GRAND THEFT AUTO REPORT 6 4 HBC HAILED BY A CITIZEN 17 10 ID THEFT RPT IDENTITY THEFT REPORT 1 I ILLDPG ILLEGAL DUMPING 2 f k9 TRAINING K9 TRAINING REMINDER,OBTAIN LOCATION 1 I KTP KEEP THE PEACE 2 2 LOJACK LOJACK HIT 2 2 MISPR MISSING PERSON REPORT 1 1 PANIC ALARM PANIC ALARM/DURESS ALARM 3 1 PAPD PUBLIC ASSIST-POLICE 5 4 PATCK PATROL CHECK 185 166 PDO PROPERTY DAMAGE ONLY 2 2 PEDCK PEDESTRIAN CHECK 82 44 PRSTRAN PRISONER TRANSPORTED 6 5 PURSUIT PURSUIT 7 1 REC RECOVERED STOLEN VEHICLE 3 1 RECKLESS DF RECKLESS DRIVING(23103) 9 4 REPO REPOSSESSION 4 3 RR RAIL ROAD PROBLEM 1 1 SPEED SPEED CONTEST OR SPEEDING(23109) 8 3 SPEEDTRAILE TO BE USED WHEN THE TRAILERS ARE DEPLOY[ 4 2 TRAFFIC STOI TRAFFIC STOP 318 234 VCK VEHICLE CHECK 86 61 VEH RELEASE VEHICLE RELEASE 15 14 WARRANT WARRANT ARREST 4 2 WELCK WELFARE CHECK 6 2 WRNTSVC WARRANT SERVICE 8 8 Department: 1459 1002 Overall: 1459 1003 08116/2015 00:08:34 Page 2 of 2 VERNON POLICE DEPARTMENT Police Activity Report Period Ending: 08/15/15 TRAFFIC COLLISIONS NO. PROPERTY RECOVERED TOTAL 10 VEHICLES: $1,000.00 NON-INJURY 4 INJURY 6 Pedestrian Fatalities I City Property Damage 3 Hit & Run (Misdemeanor) 3 Hit& Run (Felony) Persons Injured 9 VEHICLES STORED PROPERTY RECOVERED FOR Unlicensed Driver 26 OTHER DEPARTMENTS Abandoned/Stored Vehicle 12 VEHICLES: $4,000.00 Traffic Hazard CITATIONS Citations Iss (Prisoner Release) 8 Citations Iss (Moving) 167 Citations Iss (Parking) 8 Citations Iss (Total) 175 Hazardous 93 Non-Hazardous 74 Other Violations CASES CLEARED BY ARREST AR15-195 CR15-1288 14601.2(A) PC AR15-197 CR15-1298 10851(A) PC AR15-198 CR15-1298 25400(C) (1)PC AR15-201 CR15-1318 14601.1(A) VC AR15-203 CR15-1344 11364 H&S AR15-205 CR15-1372 11364 H&S AR15-206 CR15-1365 11364 H&S VERNON POLICE DEPARTMENT REPORT FOR PERSONS ARRESTED PERIOD ENDING ()fir]5/15 ADULT FELONY ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL ASSAULT WITH A DEADLY WEAPON BURGLARY CARRY CONCEALED W/PRIOR FELONY 1 1 EMBEZZLEMENT FORGED OFFICIAL SEAL IDENITY THEFT POSS. CTRLD SUBSTANCE POSS. STOLEN PROPERTY RESISTING ARREST ROBBERY VEHICLE THEFT WARRANT(BENCH) TOTAL FELONY ARRESTS 1 1 1 0 1 1 ADULT MISDEMEANOR ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL BATTERY CRIMINAL THREATS DRIVE WHILE LICENSED SUSPENDED 1 1 2 DRIVING UNDER_THE INFLUENCE PETTY THEFT f POSS. CONTROLLED SUBSTANCE 3 3 POSS. NARC. PARAPHERNALIA TRESPASSING VANDALISM WARRANTS (BENCH/TRFC) 5 5 WARRANTS (FOREIGN) 1 1 TOTAL MISD. 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City of Vernon ' Building Department Monthly Report from 711/2015 to 7/31/2015 Type Value #of Permits Electrical $416,400.00 13 Grading $20,000.00 1 Industrial-Addition $5,250.00 1 Industrial-New $5,351,568.00 1 Industrial-Remodel $550,000.00 10 Mechanical $1,145,100.00 17 Miscellaneous $2,984,428.00 19 Plumbing $165,650.00 11 Roof $273,825.00 3 July 2015 TOTALS PERMITS: $10,912,221.00 76 PREVIOUS MONTHS TOTAL $40,206,714.00 528 YEAR TO DATE TOTAL $51,118,935.00 604 July 2014 TOTALS PERMITS: $2,345,858.00 51 PREVIOUS MONTHS TOTAL $36,630,743.00 341 PRIOR YEAR TO DATE TOTAL $38,976,601.00 392 5ru/f�� Samuel Kevin Wilson Director of Public Works, Water& Development Services City of Vernon Building Department Major Projects from 7/1/2015 to 713112016 Valuations>20,000 Permit No. Project Address Tenant Description Job Value Electrical B-2015-0085 3200 SLAUSON AVE Site lighting and electrical for new $60,000.00 APN 6310027023 151,988 sq.ft. building. B-2015-0253 2640 26TH ST Entry Dba All-B T.I.for new office. New lighting and $45,000.00 APN 6302001028 receptacles B-2015-0413 3810 26TH ST Command New 4000amp Service_ $88,000.00 APN 5192030001 Packaging B-2015-0332 2626 25TH ST New 1600A 277/4800 phase outdoor $150,000.00 APN 5168023010 service for temp. location of new boiler system. B-2015-0447 3232 WASHINGTON BI Install outlets,lightings,transformer, $20,000.00 APN 5169023038 PNLS 6 Record is) $363'000.40 Grading B00-089-181 3294 26th Laying asphalt,aswell as $20,000 00 APN 6303002021 implementing damage structures. 1 Record(s) $20,000.00 Industrial-New B-2015-0101 3200 SLAUSON AVE New Building New concrete tilt up building with $5,351,568 00 APN 6310027023 mezzanine(151,988 sq.ft.) 1 Record(s) $6,351,568.00 Industrial-Remodel B-2015-0279 3232 WASHINGTON 81 Love Culture TI for new office at existing building. $40,000.00 APN 5169023038 (Filed wl B-2015-0280) B-2015-0349 4871 SANTA FE AVE T.I.,convert 11,500 sq.ft. of $130,000.00 APN 6308015044 warehouse to office space, and remodel 6,000 sq.ft.of office space. B-2015-0405 4722 EVERETT AVE Demolition of interior walls_ $30,000.00 APN 6304025005 B-2015-0221 2640 26TH ST Entry dba Alt-B Demo of existing offices and $290,000.00 APN 6302001028 reconstruct new offices and garment manufacturing B-2015-0388 5182 MALABAR ST construction of new boiler room. $25,000.00 APN 6309009006 B-2015-0333 4740 26TH ST New clean room and new 5"concrete $21,000.00 APN 6332001004 slab(2,300 sq.ft) 6 Record(s) $536,000.00 Permit No. Project Address Tenant Description Job Value Mechanical B00-088-144 2891 Saco St. Equipment Value Boiler $37,000.00 APN 6302010002 Filed W188145 B-2015-0432 4523 50TH ST DWR Textile 2 boilers,4 dryers,gas line, steam $40,200.00 APN 6304017011 line,air line and boiler installation piping B-2015-0407 4820 50TH ST Installation of gas ovens, hoods, $48,700.00 APN 6304011006 exhaust fans and make up fans B-2015-0389 5182 MALABAR ST New boiler installation and associated $60,000.00 APN 6309009006 piping. B-2015-0278 3232 WASHINGTON BI Love Culture New(7)HVAC system for remodel. $30,000.00 APN 5169023038 B-2015-0351 4871 SANTA FE AVE New 6 HVAC Units 2 Exhaust fans $35,000.00 APN 6308015044 B-2015-0368 2626 25TH ST Darling Ingredients 3000 HP Boiler Equipment value $771,000.00 APN 5168023010 B-2015-0341 2626 25TH ST Boiler installation and associated $45,000.00 APN 5168023010 piping. Gas,steam B-2015-0139 3200 SLAUSON AVE Installation of 2 exhaust fans $25,000.00 APN 6310027023 9 Record(s) $1,091,900.00 Miscellaneous B-2015-0288 4310 BANDINI BLVD Ryerson Steel Storage racks $1,563,765.00 APN 6304004019 B-2015-0076 3305 BANDINI BLVD Nature's Produce Installation of high pile storage racks. $282,000.00 APN 6303001005 see high pile permit(F-2015-0023)for storage hieghts B-2015-0198 4309 FRUITLAND AVE Install an exterior, prefabricated, $800,000.00 APN 6304023010 special purpose personnel elevator and tower structure.Tower to be 145' high with a 8'-3"x6'-0 footprint, laterally braced to existing silo structures. B-2015-0491 4333 MAYWOOD AVE Grading, Remove and replace $50,000.00 APN 6304021019 asphalt. B-2015-0382 4310 BANDINI BLVD installation of freestanding bridge $90,000.00 APN 6304004019 crane systems. 13-2015-0420 4921 GIFFORD AVE Pencco Replace existing 12,000 gallon $20,000.00 APN 6304016014 8-2015-0470 3285 VERNON AVE install steps provided by Rigo's Sheet $44,200.00 APN 6303006064 Metal. B-2015-0430 3425 VERNON AVE Asbestos abatement-a final manifest $28,000.00 APN 6303007026 shall be submitted to the city prior to final inspection. 8-2015-0434 3285 VERNON AVE Removal and replacement of ceiling. $60,000.00 APN 6303006064 9 Record(s) $2,937,965.00 Permit No. Project Address Tenant Description Job Value Plumbing B-2015-0431 4523 50TH ST Trench drain, sample box and $23,050.00 APN 6304017011 drainage piping for 4 washers,and water Iines.IFw-0432 B-2015-0274 5275 DISTRICT BLVD New Building Storm drain for new building. $42,000.00 APN 6314DO1903 FM B-2015-0121 B-2015-0167 3200 SLAUSON AVE Domestic water,sewer, roof drains for $35,000.00 APN 6310027023 new building B-2015-0238 2640 26TH ST Entry dba Alt-B Installing new toilets and sinks for $35,000.00 APN 6302001028 tenant improvement New restrooms and breakrom sink for Tl 4 Record(s) $136,050.00 Roof B-2015-0425 2731 SOTO ST $38,000.00 APN 63020010" B-2015-0418 6116 MALBURG WAY Re-roof $126,605.00 APN 6310027051 B-2015-0419 6200 MALBURG WAY Re-roofing $109,220.00 APN 6310027053 3 Record(s) $273,825.00 38 Permit(s) Total Valuation: $10,709,308.00 Sarnuer Kevin Wilson Director of Public Works,Water&Development Services City of Vernon Building Department New Buildings Report-July 2D15 3200 Slauson Ave. Real Estate Holding, LP Outside Redevelopment Area 151,988 Sq Ft. Samuel Kevin Wilson Director of Public Works,Water&Development Services City of Vernon Building Department Demolition Report-July 2015 NONE 5NA/W'4 Samuel Kevin Wilson Director of Public Works,Water,&Development Services City of Vernon Building Department Status of Certificates of Occupancy Requests Month of July 2015 Request for Inspection 21 Approved Is Pending 250 Temporary Occupancies 36 Samuel Kevin Wilson Director of Public Works,Water& Development Services City of Vernon Certificate of Occupancy Applications Date From 7/1/2015 to 713112015 Issued Permit No. Project Address Tenant Description Fees Paid Square Feet Certificate of Occupancy C-2015-0154 4455 FRUITLAND AVE 7K Group Inc. Design office and $689.00 11,900 APN 6304026030 importlexport paper C-2015-0155 2289 49TH ST Unicept Apparel Inc. Sewing factory $689.00 25,000 APN 6308015044 C-2015-0156 4100 BANDINI BLVD Produce Services of Inspection of produce $300.00 1,500 APN 6304005019 America, Inc C-2015-0157 2375 27TH ST Bidu, Inc. Sewing garments $300.00 4,480 APN 6302008018 C-2015-0158 3226 44TH ST Mola Inc. Sewing contracting $689.00 19.000 APN 6303016005 C-2015-0159 5001 SANTA FE AVE Delled Warehousing led lighting $300.00 4,000 APN 6308015009 C-2015-0160 2947 44TH ST Fashionco Inc. Garment manufacture $300.00 1,040 APN 6303013049 C-2015-0161 5981 MALBURG WAY 3G Productions Inc. Audio production 8 $689.00 12,232 APN 6310027046 equipment rental C-2015-0162 2105 37TH ST Appleton's Custom Bars Metal fabrication $300.00 2,500 APN 6302010008 C-2015-0163 4224 DISTRICT BLVD Jjanga Group, Inc. Screen printing and $689.00 10,000 APN 6304027015 clothes manufacturing C-2015-0164 4900 DISTRICT BLVD Styles On Demand, Inc. Whse.garments $300.00 5,000 APN 6304014007 C-2015-0165 1855 27TH ST Jalisco Fresh Produce, Inc. Warehouse fresh $300.00 4,500 APN 6302009038 produce C-2015-0166 3305 BANDINI BLVD Rainfield Ranches LP We recieve and ship $689.00 12,550 APN 6303001005 produce. C-2015-0167 5015 HAMPTON ST Premier Jasu, Inc. Embroidery. $689.00 11,410 APN 6308010038 C-2015-0168 5001 SANTA FE AVE Farhad Storage general $300.00 3,500 APN 6308015009 merchandise C-2015-0169 2115 ANDERSON ST Catwalk To Sidewalk Sewing Garments $300.00 4,464 APN 6308019030 C-2015-0170 3013 BNSF RR Viva America Craft Inc. Office for party supply $300.00 1,000 APN company C-2015-0171 2860 ALAMEDA ST United Pacific Waste Vehicle parking for $689.00 8,695 APN 6302011018 Waste and recycling non- hazardous hauling. C-2015-0172 2601 SOTO ST Joe Ks Deli LLC Restaurant $689.00 6,000 APN 6302001002 C-2015-0173 2734 46TH ST Roshaw Trading dba Laguna Garment knitting $689.00 29,000 APN 6308002014 Fabrics C-2015-0174 5210 SANTA FE AVE BTS Apparel,Inc sewing facility for $300.00 3,000 APN 6309002007 contract work 21 Record(s) Total for Certificate of Occupancy: $10,190.00 180,771 21 Permits(s) Total Fees Paid $10,190.00 City of Vemon Certificate of Occupancy Issued Date From 7/112015 to 7/3112015 Issued Permit No. Project Address Tenant Description Fees Paid Square Feet Certificate of Occupancy 7/6/2015 COO-003-734 3301 FRUITLAND AVE I&I Wholesales Corp Warehousing of $1,378.00 48,000 APN 6303027002 Dba Iris Garments 7/6/2015 C-2015-0047 2020 25TH ST Chris&Carol Apparel,Inc. Manufacturing of $689.00 20,300 APN 6302009018 garment/sewing 7/6/2015 C-2015-0061 2829 SANTA FE AVE United LC Capital LLC Warehousing of $689.00 22,112 APN 6302006025 garments and accessories 7/6/2015 C-2015-0123 2570 25TH ST MB Produce LLC Office use $300.00 156 APN 5168025032 7/7/2015 COO-003-745 2831 SANTA FE AVE United Lc Capital LLC Warehousing of $689.00 48,000 APN 6308019012 garments and accessories. 7/7/2015 COO-003-068 3222 WASHINGTON BLVD Garment Line inc. Warehousing of $480.00 66,000 APN 5169023026 garments. 7f7/2015 C-2015-0136 5970 ALCOA AVE OR Imports,Inc.dba Prooessing and $1,630.00 61,496 APN 6310027039 Contessa Premium Foods warehousing of frozen food 7/8/2015 C-2015-0119 3232 WASHINGTON BLVD Softree Inc. Warehousing of $689.00 45,000 APN 5169023038 garments 7/9/2015 COO-003-569 2060 37TH ST G H B W Manufacturing of $200.00 5,200 APN 6302012005 CabinetslFurndure 7/22/2015 COO-003-796 2287 49TH ST Cottonriends,Inc. Warehousing of $689.00 9,650 APN 6303001008 garments. 7/22/2015 C-2015-0094 3187 BANDINI BLVD Styles West,Inc. Warehousing general $689.00 1,589 APN 6303001008 merchandise 7/24/2015 COO-003-718 2713 BONNIE BEACH PL Alternative Denim Works Manufacturing of $689.00 13,500 APN 5243020022 LLC gamrents1washing 7/27/2015 COO-003-627 4423 FRUITLAND AVE J.R.Frisco,Inc. Warehousing of $260.00 22,000 APN 6304026009 groceries 7/27/2016 C-2015-0117 5993 MALBURG WAY Handbag Kangaroo,Inc Warehousing of $689.00 6,113 APN 6310027046 handbags 7/29/2015 COO-003-710 2425 30TH ST Goldenvida Inc.Dba Everly Manufacturing of $815.00 74.260 APN 6302005012 garments. 15 Record(s) Total for Certificate of Occupancy: $10,575.00 443,376.00 15 Permit(s) Total Fees Paid $10,575 00 }y rt 1� N r Aur 2 7 STAFF REPORT CITY CLEWS OFFICE CITY ADMINISTRATION DATE: September 1, 2015 TO: Honorable City Council FROM: Mark C. Whitworth, City Administrator Originator: Kristen Enomoto, Deputy City Ad inistrator RE: Adoption of a Resolution Approving and Awarding a Services Agreement to Century 21 Allstars and Luther Sanchez to Serve as the City's Real Estate Agent for the Sale of Residential Property Owned by the City Recommendation A. Find that the approval and award of a Services Agreement to Century 21 Allstars and Luther Sanchez to serve as the City's real estate agent for the sale of residential property owned by the City is 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. B. Adopt a resolution approving and awarding a Services Agreement to Century 21 Allstars and Luther Sanchez to serve as the City's real estate agent for the sale of the following residential properties owned by the City of Vernon: ■ 6036 Stafford Avenue, Huntington Park, CA 90255 ■ 6042 Stafford Avenue, Huntington Park, CA 90255 ■ 6044 Stafford Avenue, Huntington Park, CA 90255 C. Authorize the City Administrator to execute the Services Agreement and any and all other documents necessary to facilitate the sale of the three aforementioned residential properties. All terms and conditions of each sale will be subject to final approval by the City Council. Background On June 1, 2015, the City issued a Request for Proposals ("RFP") for a residential real estate agent for the sale of real property owned by the City of Vernon. The RFP was posted on the City's website, advertised in the Vernon Sun, and mailed to nearly thirty (30) agencies and associations serving the Los Angeles area. As of the close of the response period on June 23, 2015, the City received eight (8) proposals. All eight proposals met the minimum qualifications and requirements set forth in the RFP, and all eight were evaluated by a review panel consisting of Kevin Wilson, Director of Public Works, Water and Development Services; William Fox, Finance Director; Alex Kung, Economic Development Manager; and Stuart Leviton, outside Legal Counsel to the City and the Housing Commission. The proposals were evaluated and scored according to the selection criteria outlined in Section 413 of the RFP. The scoring clearly delineated a top and bottom half, as the four highest ranking respondents were all within a 6-point range, while the fifth-ranked respondent was nearly 20 points lower than the fourth-ranked respondent. Given the tight scoring among the top half and the City's goal of selecting the respondent that has the most experience and expertise in the Huntington Park market, the top four respondents were interviewed on August 6, 2015. The interview panel consisted of the same four members of the RFP review panel. Based on the results of the interviews, the panel selected Luther Sanchez of Century 21 Allstars as the most qualified and best suited agent to meet the City's needs. Services Agreement As indicated and included in the RFP, the City is utilizing the standard, pre-approved Services Agreement for this project. However, in order to address certain elements related to real estate transactions, a couple minor modifications were made to the City's standard contract language. Section 6.0 — Payment, has been modified to remove the standard invoicing provisions and instead provide for compensation to occur within ten (10) days after the close of escrow on each property from the proceeds of the sale of each property. Sections 9.17 and 9.18 relating respectively to termination by the City or default by either party have been modified to provide for reasonable compensation in either case. Additionally, the standard California Association of Realtors Residential Listing Agreement ("C.A.R. Form RLA" or "Listing Agreement") for each property has been included as an exhibit to the Services Agreement. Minor modifications were also made to that agreement to comply with the City's standard requirements; said modifications are indicated by strikethrough and an addendum. In the event there is a conflict between any of the provisions in the City's standard Services Agreement and the Listing Agreement, the Services Agreement shall govern. Fiscal Impact Based on the professional appraisals conducted by Gold Coast Appraisals, Inc. in late May 2015, the City expects to generate approximately $1.2 million (less commissions and fees) in total one- time revenue from the sale of all three Stafford homes. Based on the standard 5% commission proposed for each sale and estimated closing costs, the City anticipates total costs to be paid from the sale proceeds to be approximately $80,000. Said anticipated revenue and costs are included in the City's 2015-2016 fiscal year budget. Attachments : 1. Resolution Approving Services Agreement with Century 21 Allstars RESOLUTION NO . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A SERVICES AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND CENTURY 21 ALLSTARS AND LUTHER SANCHEZ TO SERVE AS THE CITY' S REAL ESTATE AGENT FOR THE SALE OF THREE RESIDENTIAL PROPERTIES OWNED BY THE CITY WHEREAS, on or about June 1, 2015, the City issued a Request for Proposals ( "RFP" ) for a residential real estate agent for the sale of real property owned by the City of Vernon; and WHEREAS, the City received eight proposals in response to the request for proposals; and WHEREAS, by memorandum dated September 1, 2015, the City Administrator has recommended that the City accept the proposal of Century 21 Allstars and Luther Sanchez ("Century 21" ) and enter into a services agreement (the "Agreement" ) with Century 21, setting forth the terms and conditions under which Century 21 will serve as the City' s real estate agent for the sale of three residential properties owned by the City; and WHEREAS, the City Council of the City of Vernon desires to approve the Agreement with Century 21 . 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 approves the Services Agreement with Century 21 Allstars and Luther Sanchez ("Century 21") , in substantially the same form as the copy which is attached hereto as Exhibit A. SECTION 4 : The City Council of the City of Vernon hereby authorizes the City Administrator to execute said Agreement for, and on behalf of, the City of Vernon and the City Clerk, or Deputy City Clerk, is hereby authorized to attest thereto. SECTION 5 : The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized, including but not limited to, any non-substantive changes to the Agreement attached herein. SECTION 6 : The City Council of the City of Vernon hereby directs the City Clerk, or the Deputy City Clerk, to send a fully executed Agreement to Century 21. - 2 - SECTION 7 : 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 ist day of September, 2015 . Name : Title : Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: Brian Byun, 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, September 1, 2015, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of September, 2015, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) - 4 - EXHIBIT A SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND CENTURY 21 ALLSTARS TO SERVE AS THE CITY'S REAL ESTATE AGENT FOR THE SALE OF THREE RESIDENTIAL PROPERTIES OWNED BY THE CITY COVER PAGE Contractor: Century 21 Allstars Responsible Principal of Contractor: Luther Sanchez, Broker Associate Notice Information - Contractor: Century 21 Allstars 9155 Telegraph Road, 2"d Floor Pico Rivera, CA 90660 Attention: Luther Sanchez Phone: (562) 863-2121 Facsimile: (562) 863-3275 Notice Information - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Mark C. Whitworth City Administrator Telephone: (323) 583-8811 ext. 228 Email: MWhitworth@ci.vernon.ca.us Commencement Date: September 1, 2015 Termination Date: December 31, 2015 Consideration: Total not to exceed 5% of the sales price of each property (approximately $60,000 in total); and more particularly described in Exhibit C Records Retention Period Three (3) years, pursuant to Section 9.19 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND CENTURY 21 ALLSTARS TO SERVE AS THE CITY'S REAL ESTATE AGENT FOR THE SALE OF THREE RESIDENTIAL PROPERTIES OWNED BY THE CITY THIS Contract is made between the City of Vernon ("City"), a California charter City and California municipal corporation ("City"), and Century 21 Allstars, a California corporation ("Contractor"). The City and Contractor agree as follows: 1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the City Council on September 1, 2015. 2.0 SCOPE OF SERVICES. 2.1 Contractor shall perform all work necessary to complete the services set forth in the Request for Proposals dated June 1, 2015, Exhibit "A", Contractors proposal to the City ("Proposal") dated June 23, 2015, Exhibit"B", and the Residential Listing Agreement ("Listing Agreement"), Exhibit "C", all of which are attached to and incorporated into this Contract, by reference. 2.2 All services shall be performed to the satisfaction of City. 2.3 All services shall be performed according to the standards then prevailing in the California real estate profession. 3.0 PERSONNEL. 3.1 Contractor represents that it employs, or will employ, at its own expense, all personnel required to perform the services under this Contract. 3.2 Contractor shall not subcontract any services to be performed by it under this Contract without prior written approval of City. 3.3 All of the services required hereunder will be performed by Contractor or by City-approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City. 2 4.0 TERM. The term of this Contract shall commence on September 1, 2015, and it shall continue until the earlier of either the sale of all three subject properties or December 31, 2015, unless terminated at an earlier date pursuant to the provisions thereof. 5.0 COMPENSATION AND FEES. 5.1 Contractor has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in and around Los Angeles County for the same services. For satisfactory and timely performance of the services, the City will pay Contractor in accordance with the applicable terms set forth in this Contract. 5.2 Contractor's grand total compensation for the entire term of this Contract, including change orders, shall not exceed five percent (5%) of the sales price of each property (approximately$60,000 in total) without the prior authorization of the City Council and written amendment of this Contract. 5.3 Contractor shall, at its sole cost and expense, furnish all necessary and incidental labor, material, supplies, facilities, equipment and transportation which may be required for furnishing services pursuant to this Contract. Materials shall be of the highest quality. The above Contract fee shall include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related costs and expenses. 6.0 PAYMENT. 6.2 6.1 Within ten (10) days after the close of escrow on each respective property to be sold under the Contract, City will pay Contractor, either by wire transfer or by certified check, the compensation to which Contractor is entitled under this Contract and the Listing Agreement from the proceeds of the sale of each respective property. 7.0 CHANGE ORDERS. The City Administrator shall have the authority to issue change orders for administrative and non-material changes to the scope of services and 3 to the time for performance as long as the change orders do not increase the compensation due to Contractor under this Contract and as long as the time is not extended beyond three years. 8.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services; and will give any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's services. 9.0 GENERAL TERMS AND CONDITIONS. 9.1 INDEPENDENT CONTRACTOR. 9.1.1 It is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent or employee of City and shall furnish such services in its own manner and method except as required by this Contract. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 9.1.2 Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits. 9.2 CONTRACTOR NOT AGENT. Except as the City may authorize in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise. 4 9.3 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. 9.4 CORRECTION OF WORK_ Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services furnished by Contractor shall not relieve the Contractor from the obligation to correct subsequently discovered defects, inaccuracy or incompleteness. 9.5 WAIVER. The City's waiver of any term, condition, breach or default of this Contract shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. 9.6 SUCCESSORS. This Contract shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors andlor assigns. 9.7 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract or any rights hereunder without the prior written consent of the City and approval by the City Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Contract. No assignment shall release the original parties or otherwise constitute a novation. 9.8 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof, including but without 5 limitation, the Vernon Living Wage Ordinance. Violation of any law material to performance of this Contract shall entitle the City to terminate the Contract and otherwise pursue its remedies. 9.9 ATTORNEY'S FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. 9.10 INTERPRETATION. 9.10.1 Applicable Law. This Contract, and the rights and duties of the parties hereunder(both procedural and substantive), shall be governed by and construed according to the laws of the State of California. 9.10.2 Entire Agreement. This Contract, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (written or oral). 9.10.3 Written Amendment. This Contract may only be changed by written amendment signed by Contractor and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Contract shall be of no force or effect. 9.10.4 Severability. If any provision in this Contract is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Contract, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Contract. 9.10.5 Order of Precedence. In case of conflict between the terms of this Contract and the terms contained in any document attached as an Exhibit or 6 otherwise incorporated by reference, the terms of this Contract shall strictly prevail. The terms of the City's Request for Proposals shall control over the Contractor's Proposal. 9.10.6 Choice of Forum. The parties hereby agree that this Contract is to be enforced in accordance with the laws of the State of California, is entered into and/or is to be performed in the City of Vernon and that all claims or controversies arising out of or related to performance under this Contract shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum. 9.10.7 Duplicate Originals. There shall be two (2)fully signed copies of this Contract, each of which shall be deemed an original. 9.11 TIME OF ESSENCE. Time is strictly of the essence of this contract and each and every covenant, term and provision hereof. 9.12 AUTHORITY OF CONTRACTOR. The Contractor hereby represents and warrants to the City that the Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Contract, and its execution of this Contract has been duly authorized. 9.13 ARBITRATION OF DISPUTES. Any dispute for under$25,000 arising out of or relating to the negotiation, construction, performance, non-performance, breach or any other aspect of this Contract, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery. 9.14 INDEMNITY. 9.14.1 Contractor agrees to indemnify, hold harmless and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission 7 members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation)which in whole or in part result from, or arise out of, or are claimed to result from or to arise out of: (a) any activity on or use of City's premises or facilities or any performance under this Contract; or (b) any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. 9.14.2 This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public). 9.14.3 RELEASE. Contractor agrees to release and covenants not to sue the City, its City Council and each member thereof, and its officers, employees, commission members and representatives for any damage or injury(including death) to itself, its officers, employees, agents and independent contractors damaged or claiming to be damaged from any performance under this Contract. 9.15 INSURANCE. Contractor shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Contract, including any extensions thereto. The policies shall state that they afford primary coverage. 9.15.1 Automobile Liability with minimum limits of at least $100,000/300,000/50,000 if written on a personal automobile liability form, for using a personal vehicle; or an amount of$500,000 including owned, hired, and non-owned liability coverage if written on a Commercial automobile liability form. 9.15.2 General Liability with minimum limits of at least $1,000,000 combined 8 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 Contractors 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. 9.15.3 Professional Errors and Omissions coverage in a sum of at least $1,000,000. Applicable aggregates must be identified and claims history provided to determine amounts remaining under the aggregate. 9.15.4 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 Employers 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 9 this Contract. 9.15.5 Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty(30)days' prior written notice to City. 9.15.6 Insurance shall be placed with insurers with a Best's rating of no less than 9.15.7 Prior to commencement of performance, Contractor shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. 9.15.8 Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Contractor shall immediately notify City and cease all performance under this Contract until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against Contractor by way of set-off or recoupment from sums due Contractor, at City's option; (b) immediately terminate this Contract; or(c) self insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Contractor, by way of set-off or recoupment from any sums due Contractor. 9.16 NOTICES. Any notice or demand to be given by one party to the other be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice. If to the City: City of Vernon Attention: Mark C. Whitworth, City Administrator 4305 Santa Fe Avenue Vernon, CA 90058 10 If to the Contractor: Century 21 Allstars Attention. Luther Sanchez, Broker Associate 9155 Telegraph Road, 21 Floor Pico Rivera, CA 90660 Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. 9.17 TERMINATION FOR CONVENIENCE (Without-Cause). City may terminate this Contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written notice to Contractor. If the Contract is thus terminated by City for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor, within ten (10) calendar days of the effective date of termination,a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination, as well as reasonable expenses. Such payment shall be Contractor's exclusive remedy for termination without cause. 9.18 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Contract by written notice to the defaulting party. The notice shall specify the basis for the default. The Contract shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. Termination for cause shall relieve the terminating party of further liability or responsibility under this Contract, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of(1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. In the event that the City terminates the Contract under this provision, 11 City shall pay Contractor the aforementioned amounts within ten (10) calendar days of the effective date of termination. 9.19 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. The Contractor shall maintain and preserve all such records for a period of at least 3 years after termination of the Contract. The Contractor shall maintain all such records in the City of Vernon. If not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 9.20 CONFLICT. Contractor hereby represents, warrants and certifies that no member, officer or employee of the Contractor is a director, officer or employee of the City of Vernon, or a member of any of its boards, commissions or committees, except to the extent permitted by law. 9.21 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor constitutes a legal days 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 12 compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay. 9.22 LIVING WAGES. To the extent applicable, Contractor, and any Subcontractor(s), shall comply with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit "D". Upon the City's request, certified payroll records shall promptly be provided to the City. 9.23 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit "E". (Signatures Begin on Next Page]. 13 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated in the introductory clause. City of Vernon, a California charter City Century 21 Allstars, a California corporation and California municipal corporation By; By: Mark C. Whitworth, City Administrator Name: Title: ATTEST: By: Maria E. Ayala, City Cleric Name: Title: APPROVED AS TO FORM: Brian W. Byun, Deputy City Attorney 14 EXHIBIT A REQUEST FOR PROPOSALS 15 City of Vernon Request for Proposals (RFP) Residential Real Estate Agent for Sale of Real Property Owned by the City of Vernon ov O Fa 5 190 11"ZiLy it, City of Vernon City Administrator's Office 4305 Santa Fe Avenue, Vernon, CA 90058 Phone: (323) 583-8811 June 1, 2015 City of Vernon Real Estate Agent UP 1. INTRODUCTION AND PROJECT The City of Vernon ("City") is requesting proposals from qualified real estate agents/firms to serve as the listing agent for the following three single family residential properties owned by the City: ■ 6036 Stafford Avenue, Huntington Park, CA 90255 ■ 6042 Stafford Avenue, Huntington Park, CA 90255 ■ 6044 Stafford Avenue, Huntington Park, CA 90255 The City will select one agent/firm, based on demonstrated competence and a cost effective approach to the sale of the aforementioned residential properties. 2. BACKGROUND The City of Vernon was founded in 1905, is approximately 5.2 square miles in size and is located approximately 5 miles southeast of downtown Los Angeles California. Over its long history Vernon has been developed as an industrial community. At the turn of the 20'' century the lands that make up Vernon were comprised largely of farmlands. The presence of three major rail lines in the area led influential business and property owners to encourage the railroad companies to run spur lines onto the farmlands. These rail extensions enabled the creation of an "exclusively industrial" city. By the 1920's Vernon was attracting large stockyards and meatpacking facilities. In the 1930's Vernon became the location of choice for many heavy industrial plants. As economic conditions changed over the decades, these large scale industrial operations have relocated out of Southern California and Vernon has attracted smaller, lighter industrial facilities. The City's business friendly environment, low cost utilities and key location for trucking and rail transport continue to position Vernon as an ideal location for industrial uses. City Government: The City Council consists of five members, elected at-large, who serve five- year staggered terms. The City Council annually appoints a Mayor and a Mayor Pro Tern from its own membership to serve one-year terms. Labor Force: Vernon has approximately 250 employees, and its departments include a Fire Department, Police Department, Finance Department, Public Works, Water and Development Services Department, Gas and Electric Department and Health and Environmental Control Department. Present bargaining units recognized include the Vernon Police Officers Benefit Association, Vernon Police Management Association, Vernon Firemen's Association, the Vernon Fire Management Association, International Brotherhood of Electrical Workers Local 47, and Teamsters Local 911. Housing Stock: The City of Vernon owns and leases thirty-one (31) residential units; twenty-six (26) of the units are located within Vernon and five (5) of the units are located in the neighboring City of Huntington Park. The Vernon Housing Commission, a seven-member board appointed by the Vernon City Council, oversees the management, leasing, and maintenance of City- owned housing, and also makes recommendations to City Council regarding the potential divestment of its ownership with regard to any of the City-owned units. - 2 - City of Vernon Real Estate Agent RFP Based upon a recent recommendation by the Housing Commission, the City Council authorized the sale of the three (3) subject houses identified in Section 1 of the RFP based upon fair market value appraisals conducted by a qualified professional. City staff expects to receive the appraisal report for each unit by early June, 2015. All thirty-one (31) City-owned units are currently leased, including the three subject houses. One of the three leases expires September 30, 2015, while the other two leases are on a month-to-month term. 3. SCOPE OF SERVICES REQUIRED The City of Vernon is seeking the services of a highly qualified real estate agent to: • Develop and implement a marketing plan using best practices, while also taking into account any unique aspects of marketing the subject houses (NOTE: the original listing price will be determined by the City based on a fair market value appraisal); • Advise the City as to whether any repairs and/or improvements to the subject houses should be made prior to the listing of the subject houses; • Negotiate the sale of the subject houses, including receiving offers and presenting counter-offers; • Provide regular, periodic reports to the City regarding all marketing efforts and open negotiations; • Assist with the presentation of any offers to the City Council, which must provide final approval of any sale; • Coordinate the closing of any sales transaction; • Provide such other and additional services that may be requested by the City and that are customary of residential real estate agents. 4. QUALIFICATIONS & CRITERIA A. Qualifications: The City of Vernon will select one agent/firm for all of the outlined Scope of Service on the basis of qualifications, experience, and cost. The following are the minimum qualifications to be used to evaluate responses to this Request for Proposal: • Possession of an active, valid California real estate agent or brokerage license. • At least five (5) years of experience in residential real estate transactions. • Experience with private and public sector real estate transactions. • Possession of or ability to obtain any and all necessary insurance. B. Selection Criteria: The City will conduct a comprehensive, fair, and impartial evaluation of proposals received in response to this RFP. All proposals received will be reviewed and evaluated by a committee of qualified personnel. The name, information, or experience of the individual members will not be made available to any proposer. The Evaluation Committee will first review and screen all proposals submitted, except for the cost proposals, according to the minimum qualifications set forth above. The following criteria will be used in reviewing and comparing the proposals and in determining the highest scoring bid: 1. 40% Qualifications, background and prior experience of the firm in the Service . 3 . City of Vernon Real Estate Agent RFP Area(s) being proposed, experience of key staff assigned to oversee services provided to Vernon, evaluation of size and scope of similar work performed and success on that work. 2. 30% Cost and fees to the City for handling matters. Cost is not the sole determining factor but will be taken into consideration. Proposer must offer services at a rate comparable to the rate proposer offers to other governmental entities for similar work. Offering a higher rate to the City than the comparable rate is grounds for disqualification of the Proposer. If rates differ for different types or levels of service, or for different Service Areas, the Proposer should so state. 3. 10% Responsiveness to the RFP, and quality and responsiveness of the proposal. 4. 20% References including past performance of proposer. 5. FORMAT AND DELIVERY OF RESPONSE Respondents are asked to submit seven (7) hard copies and one (1) electronic copy of their proposals in sufficient detail to allow for a thorough evaluation and comparative analysis. The proposal should include, at a minimum, the following information in sectionalized format addressing all phases of the work in the RFP. A. Format: Limit your proposal to 20 typed 8.5"X 11" pages, or fewer, on white bond paper of at least 20-pound weight single sided (excluding cover letter and attachments. You may attach a firm brochure if you wish, but it must be as a separate attachment and independent from the required elements noted above. 1. Use a conventional typeface with a minimum font size of 12 points. Use a 1" margin on all boarders. 2. Organize your submittal in the order described below. 3. Provide one (1) unbound original of your firm's response and one electronic version (via email to kenomoto(W-cimernon.ca.us) 4. Prominently label the package: "RFP for Residential Real Estate Agent" and include the name of the primary contact for the respondent. Deliver the response to: City of Vernon Attention: Mark C. Whitworth, City Administrator 4305 Santa Fe Avenue Vernon, CA 90058 5. Responses are due on or before 6:00 p.m. on June 23, 2015. Late response will not be accepted. 6. If you have any questions about this RFP, please contact Kristen Enomoto at (323) 583-8811 ext. 398 or kenomoto _ci.vemon.ca.us. -4- City of Vernon Real Estate Agent RFP B. Cover Letter: All proposals shall include a cover letter which states that the proposal shall remain valid for a period of not less than ninety (90) days from the date of submittal. If the proposal contemplates the use of sub-contractors, the sub-contractors shall be identified in the cover letter. If the proposal is submitted by a business entity, the cover letter shall be signed by an officer authorized to contractually bind the business entity. With respect to the business entity, the cover letter shall also include: the identification of the business entity, including the name, address and telephone number of the business entity; and the name, title, address and telephone number of a contact person during the proposal evaluation period. C. Introduction: Present an introduction of the proposal and your understanding of the assignment and significant steps, methods and procedures to be employed by the proposer to ensure quality deliverables that can be delivered within the required time frames and your identified budget. D. General Scope of Work: Briefly summarize the scope of work as the proposer perceives or envisions it for each Service Area proposed. E_ Work Plan: Present concepts for conducting the work plan and interrelationship of all projects. Define the scope of each task including the depth and scope of analysis or research proposed. F. Fees and costs: Although an important aspect of consideration, the financial cost estimate will not be the sole justification for consideration. Negotiations may or may not be conducted with the proposer; therefore, the proposal submitted should contain the proposer's most favorable terms and conditions, since selection and award may be made without discussion with any firm. All prices should reflect "not to exceed" amounts per item. Proposer must offer services at a rate comparable to the rate proposer offers to other governmental entities for similar work. Offering a higher rate to the City than the comparable rate is grounds for disqualification of the Proposer. C, Ability of the Proposer to Perform: Provide a detailed description of the proposer and his/her/its qualifications, including names, titles, detailed professional resumes and past experience in similar work efforts/products of key personnel who will be working on the assignment. Provide a list of specific related work projects that have been completed by the proposer which are directly related to the assignment described in this RFP. Note the specific individuals who completed such project(s). Identify role and responsibility of each member of the project team. Include the amount of time key personnel will be involved in the respective portions of the assignment. Respondents are encouraged to supply relevant examples of their professional product. Provide a list of at least three (3) references. The selected firm shall not subcontract any work under the RFP nor assign any work without the prior written consent of the City. H. Affidavit of Non-Collusion. Proposer must submit a completed and signed, "Affidavit of Non-Collusion." (Copy attached as Exhibit A). - 5- City of Vernon Real Estate Agent RFP 7. ADDENDA, CHANGES, AND AMENDMENTS TO THIS SOLICITATION At any time prior to the due date for responses, the City may make changes, amendments, and addenda to this solicitation, including changing the date due to allow respondents time to address such changes. Addenda, changes, and amendments, if made, will be posted on the City's website (www.cityofvernon.org), which is deemed adequate notice. A proposer may make a request to the City's project coordinator to be placed on a list of persons to receive notice of any such addenda, changes, or amendments. The preferred manner of communications is via e-mail due to its timeliness. 8. CONDITIONS FOR RESPONSES TO RFP The following conditions apply to this RFP process: A. Nothing contained in this RFP shall create any contractual relationship between the respondent and the City. B. This RFP does not obligate the City to establish a list of service providers qualified as prime contractors, or award a contract to any respondent. The City reserves the right to amend or cancel this RFP without prior notice, at any time, at its sole discretion. C. The City shall not be liable for any expenses incurred by any individual or organization in connection with this RFP. D. No conversations or agreements with any officer, agent, or employee of the City shall affect or modify any terms of this RFP. Oral communications or any written/e-mail materials provided by any person other than designated contact staff of City shall not be considered binding. E. The City reserves the right, in its sole discretion, to accept or reject any or all Proposals without prior notice and to waive any minor irregularities or defects in a Proposal. The City reserves the right to seek clarification on a Proposal with any source. F. The dates, times, and sequence of events related to this RFP shall ultimately be determined by the City. The schedule shown above is subject to change, at the sole discretion of the City, although the City will attempt to follow it and, if it must be altered, will attempt to provide reasonable notice of the changes. G. Respondents shall not issue any news release pertaining to this RFP, or the City without prior written approval of the City. H. All submitted proposals and information included therein or attached thereto shall become public record upon delivery to the City Administrator's Office. - 6 - City of Vernon Real Estate Agent RFP 9. RIGHT SV THE CITY TO WITHDRAW THIS REQUEST The City may, at its sole discretion and for any reason whatsoever, withdraw this solicitation at any time. 10. LIVING WAGE ORDINANCE To the extent applicable, the selected Agent/Firm, and any Subcontractor(s), shall comply with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit "D" of the standard form contract, attached hereto as Exhibit B. 11. STANDARD TERMS AND CONDITIONS Prior to the award of any work hereunder, City and proposer shall enter into the written contract for services attached hereto as Exhibit B. Proposers responding to this RFP are strongly advised to review all the terms and conditions of the Contract. The term of the Contract shall not exceed three (3) years. - 7 . City of Vernon Real Estate Agent RFP EXHIBIT A AFFIDAVIT OF NON-COLLUSION - 8 - 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 I Imsen'Sole Owner',"Partner',"Presidem,'Secretary',or other proper side) of (Insert name of bidder) who submits herewith to the City of Vernon a bid/proposal-, That all statements of fact in such bid/proposal are true, That such bid/proposal was not made in the interest of or on behalf of any undisclosed person, partnership,company,association,organization or corporation; That such bid/proposal is genuine and not collusive or sham; That said bidder has not, directly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Vernon, or of any other bidder or anyone else interested in the proposed contract;and further That prior to the public opening and reading of hids/proposals,said bidder- a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham bid/proposal, b_ Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid/proposal, or that anyone should refrain from bidding or withdraw his/her bid/proposal-, C. Did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid/proposal price of said bidder or of anyone else,or to raise or fix any overhead, profit or cost element of his/her bid/proposal price,or of that of anyone else; d Did not, directly or indirectly, submit his/her bid/proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof,or to any individual or group of individuals,except the City of Vernon, or to any person or persons who have a partnership or other financial interest with said bidder in his/her business. I certify under penalty of perjury that the above information Is correct By: Title: Date. City of Vernon Real Estate Agent RFP EXHIBIT B STANDARD FORM CONTRACT - 9 - SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND [CONTRACTOR'S NAME] FOR [BRIEF DESCRIPTION OF SERVICES] COVER PAGE Contractor: [insert name of contractor] Responsible Principal of Contractor: [insert name, title] Notice Information- Contractor: [insert name of contractor] [insert street address] [insert city, state, zip code] Attention: [insert name, title] Phone: [insert phone number] Facsimile: [insert fax number] Notice Information - City: City of Vemon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: [insert department head] [insert department head title] Telephone: (323) 583-8811 ext. [insert] Facsimile: [insert fax number] Commencement Date: [insert commencement date] Termination Date: [insert termination date] Consideration: Total not to exceed $[insert amount] (includes all applicable sales tax): and more particularly described in Exhibit C Records Retention Period Three (3) years, pursuant to Section 9.19 1 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND [CONTRACTOR'S NAME] FOR [BRIEF DESCRIPTION OF SERVICES] THIS Contract is made between the City of Vernon ("City"), a California charter City and California municipal corporation ("City"), and [Contractor's Name], a [State incorporated in] corporation ("Contractor"). The City and Contractor agree as follows: 1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the City Council on 2.0 SCOPE OF SERVICES. 2.1 Contractor shall perform all work necessary to complete the services set forth in the Request for Proposals dated , Exhibit"A", and Contractor's proposal to the City ("Proposal") dated . Exhibit"B", both of which are attached to and incorporated into this Contract, by reference. 2.2 All services shall be performed to the satisfaction of City. 2.3 All services shall be performed according to the standards then prevailing in the California real estate profession. 3.0 PERSONNEL. 3.1 Contractor represents that it employs, or will employ, at its own expense, all personnel required to perform the services under this Contract. 3.2 Contractor shall not subcontract any services to be performed by it under this Contract without prior written approval of City. 3.3 All of the services required hereunder will be performed by Contractor or by City-approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City. 4.0 TERM. The term of this Contract shall commence on (insert date), and it shall continue until (the earlier of either the sale of all three subject properties or a date which 2 may not be more than three years from the commencement date], unless terminated at an earlier date pursuant to the provisions thereof. 5.0 COMPENSATION AND.FEES. 5.1 Contractor has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in and around Los Angeles County for the same services. For satisfactory and timely performance of the services, the City will pay Contractor in accordance with the payment schedule set forth in Exhibit "C". 5.2 Contractor's grand total compensation for the entire term of this Contract, including change orders, shall not exceed [insert amount or percentage of commission] without the prior authorization of the City Council and written amendment of this Contract. 5.3 Contractor shall, at its sole cost and expense, furnish all necessary and incidental labor, material, supplies, facilities, equipment and transportation which may be required for furnishing services pursuant to this Contract. Materials shall be of the highest quality. The above Contract fee shall include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related costs and expenses. 6.0 PAYMENT. 6.1 As scheduled services are completed, Contractor shall submit to the City an invoice for the services completed, authorized expenses, and authorized extra work actually performed or incurred according to said schedule. 6.2 Each such invoice shall state the basis for the amount invoiced, including a detailed description of the services completed, the number of hours spent, reimbursable expenses incurred and any extra work performed. 6.3 Contractor shall also submit a progress report with each invoice that describes in reasonable detail the services and the extra work, if any, performed in the immediately preceding calendar month. 3 6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment. 6.5 City will pay Contractor the amount invoiced within thirty (30) days after the City approves the invoice. 6.6 Payment of such invoices shall be payment in full for all services, authorized costs and authorized extra work covered by that invoice. 7.0 CHANGE ORDERS. The City Administrator shall have the authority to issue change orders for administrative and non-material changes to the scope of services and to the time for performance as long as the change orders do not increase the compensation due to Contractor under this Contract and as long as the time is not extended beyond three years. 8.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services; and will give any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's services. 9.0 GENERAL TERMS AND CONDITIONS. 9.1 INDEPENDENT CONTRACTOR, 9.1.1 It is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent or employee of City and shall furnish such services in its own manner and method except as required by this Contract. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 9.1.2 Contractor acknowledges that Contractor and any subcontractors, 4 agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits. 9.2 CONTRACTOR NOT AGENT. Except as the City may authorize in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise. 9.3 OWNERSHIP OF WORK. All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts, studies, memoranda, computation sheets and other documents prepared by Contractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Contract. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City. 9.4 CORRECTION OF WORK. Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services furnished by Contractor shall not relieve the Contractor from the obligation to correct subsequently discovered defects, inaccuracy or incompleteness. 9.5 WAIVER. The City's waiver of any term, condition, breach or default of this Contract shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. 9.6 SUCCESSORS. This Contract shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors and/or assigns. 5 9.7 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract or any rights hereunder without the prior written consent of the City and approval by the City Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Contract. No assignment shall release the original parties or otherwise constitute a novation. 9.8 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof, including but without limitation, the Vernon Living Wage Ordinance. Violation of any law material to performance of this Contract shall entitle the City to terminate the Contract and otherwise pursue its remedies. 9.9 ATTORNEY'S FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. 9.10 INTERPRETATION. 9.10.1 Applicable Law. This Contract, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed by and construed according to the laws of the State of California. 9.10.2 Entire Agreement. This Contract, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (written or oral). 9.10.3 Written Amendment. This Contract may only be changed by written amendment signed by Contractor and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral 6 representations or modifications concerning this Contract shall be of no force or effect. 9.10.4 Severability. If any provision in this Contract is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Contract, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Contract. 9.10.5 Order of Precedence. In case of conflict between the terms of this Contract and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Contract shall strictly prevail. The terms of the City's Request for Proposals shall control over the Contractor's Proposal. 9.10.5 Choice of Forum. The parties hereby agree that this Contract is to be enforced in accordance with the laws of the State of California, is entered into and/or is to be performed in the City of Vernon and that all claims or controversies arising out of or related to performance under this Contract shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum. 9.10.7 Duplicate Originals. There shall be two (2) fully signed copies of this Contract, each of which shall be deemed an original. 9.11 TIME OF ESSENCE. Time is strictly of the essence of this contract and each and every covenant, term and provision hereof. 9.12 AUTHORITY OF CONTRACTOR. The Contractor hereby represents and warrants to the City that the Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Contract, and its execution of this Contract has been duly authorized. 9.13 ARBITRATION OF DISPUTES. Any dispute for under $25,000 arising out of or relating to the negotiation, construction, performance, non-performance, breach or any other aspect of this Contract, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California 7 and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery. 9.14 INDEMNITY. 9.14.1 Contractor agrees to indemnify, hold harmless and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part result from, or arise out of, or are claimed to result from or to arise out of: (a) any activity on or use of City's premises or facilities or any performance under this Contract; or (b) any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. 9.14.2 This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public). 9.14.3 RELEASE. Contractor agrees to release and covenants not to sue the City, its City Council and each member thereof, and its officers, employees, commission members and representatives for any damage or injury (including death) to itself, its officers, employees, agents and independent contractors damaged or claiming to be damaged from any performance under this Contract. 9.15 INSURANCE. Contractor shall, at its own expense, procure and maintain 8 policies of insurance of the types and in the amounts set forth below, for the duration of the Contract, including any extensions thereto. The policies shall state that they afford primary coverage. 9.15.1 Automobile Liability with minimum limits of at least $100,0001300,000/50,000 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. 9.15.2 General Liability with minimum limits of at least $1,000,000 combined single limits written on an Insurance Services Office (ISO) Comprehensive General Liability"occurrence" form or its equivalent for coverage on an occurrence basis. Premises/Operations and Personal Injury coverage is required. The City of Vernon, its directors, commissioners, officers, employees, agents and volunteers must be endorsed on the policy as additional insureds as respects liability arising out of the Contractor's performance of this Contract. (a) If Contractor employs other contractors as part of the services rendered, Contractor's Protective Coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein. 9.15.3 Professional Errors and Omissions coverage in a sum of at least $1,000,000. Applicable aggregates must be identified and claims history provided to determine amounts remaining under the aggregate. 9.15.4 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 9 (b) Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employees Liability Insurance with a minimal limit of$1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Contract; or (c) Provide a "waiver' form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Contract. 9.15.5 Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice to City. 9.15.6 Insurance shall be placed with insurers with a Best's rating of no less than 9.15.7 Prior to commencement of performance, Contractor shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. 9.15.8 Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Contractor shall immediately notify City and cease all performance under this Contract until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against Contractor by way of set-off or recoupment from sums due Contractor, at City's option; (b) immediately terminate this Contract; or (c) self insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Contractor, 10 by way of set-off or recoupment from any sums due Contractor. 9.16 NOTICES. Any notice or demand to be given by one party to the other be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice. If to the City: City of Vernon Attention: Marls C. Whitworth, City Administrator 4305 Santa Fe Avenue Vernon, CA 90058 If to the Contractor: [insert contractor information] Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. 9.17 TERMINATION FOR CONVENIENCE Without Cause). City may terminate this Contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days'written notice to Contractor. If the Contract is thus terminated by City for reasons other than Contractors failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause. 9.18 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Contract by written notice to the defaulting party. The notice shall specify the basis for the default. The Contract shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. 11 Termination for cause shall relieve the terminating party of further liability or responsibility under this Contract, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of(1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. 9.19 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. The Contractor shall maintain and preserve all such records for a period of at least 3 years after termination of the Contract. The Contractor shall maintain all such records in the City of Vernon. If not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 9.20 CONFLICT. Contractor hereby represents, warrants and certifies that no member, officer or employee of the Contractor is a director, officer or employee of the City of Vernon, or a member of any of its boards, commissions or committees, except to the extent permitted by law. 9.21 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five 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 12 permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1'/z times the basic rate of pay. 9.22 LIVING WAGES. To the extent applicable, Contractor, and any Subcontractor(s), shall comply with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit "D". Upon the City's request, certified payroll records shall promptly be provided to the City. 9.23 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit "E". [Signatures Begin on Next Page]. 13 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated in the introductory clause. City of Vernon, a California charter City [CONTRACTOR'S NAME, a [State and California municipal corporation incorporated in] corporation By: By: - Marls C. Whitworth, City Administrator Name: Title: ATTEST: By: Maria E. Ayala, City Clerk Name: Title: APPROVED AS TO FORM: Hema Patel, City Attorney 14 EXHIBIT A REQUEST FOR PROPOSALS 15 EXHIBIT B PROPOSAL 16 EXHIBIT C SCHEDULE 17 EXHIBIT D LIVING WAGE PROVISIONS Minimum Living Wages: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or$11.55 per hour without health benefits. Paid and Unpaid Days Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. 18 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. 19 EXHIBIT B PROPOSAL 16 ARstars 9155 Telegraph Rd.,2"d Floor Pico Rivera,CA 906G0 Business(562)863-2121 Fax(562)863-3275 GAG CENTURION rimck- 1995-2014 JUNE 22,2015 City of Vernon Attention:Mark C.Whitworth,City Administrator 4305 Santa Fe Avenue Vernon,CA 90058 RE:Request for Proposals(RFP)/6036-6044 Stafford Ave Huntington Park,CA 90255 To Whom It May Concern: Please find the enclosed copies of our proposals for your evaluation. These proposals shall be valid for a period of 150 days from the date of submittal My experience extends to the pleasure of serving several police officers for the City of Vernon.I've also worked in Real Estate transaction with the City of Riverside and City of Commerce in the past. Although our report format is a little different from your customary bids.I'm sure you will find that the report is informative and meets the required Information request. Please don't hesitate to contact me should you have questions or concerns. I'm grateful for the opportunity to be considered for the job of selling the above mentioned properties,thank you. Luther Sanchez,Broker Associate (562) 755-9387 Each Office Is Independently Owned And Operated COMPARATIVE • ANALYSIS t-ord Ave, Huntington Park. CA 90255 PREPARED FOR City of Vernon JUNE 23, 2015 _ ��Br'tu��Fwto�N� f�ia� �5Cr939��wwvr�uth��anct�� w.i�:J tic 9Fr_ki;rT2 CNwize- CentV. +J!'stary a"- s�elcgrazn l4I�p P.cm R'-V*ra.CA 906E0 1 L RESUME LUTHER SANCHEZ 9155 Telegraph Rd.Pico Rivera,CA 90660 (562)755-9387 Direct MajesticBroker I @GmaiLcom QUALITFICATIONS SUMMARY Highly personable Real Estate Broker with over fifteen years of experience in Residential, Multi-Unit, Probate and Investment Sales. Talent for identifying customer needs and presenting appropriate company service offerings. Demonstrated ability to gain customer trust and provide exceptional follow-up, leading to increased repeat and referral business. EXPERIENCE Century 21 Allstars,Broker-Associate 9155 Telegraph Rd Pico Rivera,CA 90660 2009—Present Majestic Real Estate,Broker/Owner 9210 Lakewood Blvd.Downey,Ca 90240 2007—2009 Re/Max Online,Broker/Notary 9216 Lakewood Blvd. Downey,Ca 90240 2005—2007 Homes&Estates R.E.,Owner/Broker 9920 Lakewood Blvd.Downey,Ca 90240 1997—2005 Department of Public WorksEngineering 900 S Fremont Ave.Alhambra,CA91801 1994—1999 EDUCATION Real Estate Graduate Realty institute (One-Year gratuate course) 2005—2006 California State University of Pomona,Bachelor of Science Degree in Civil Engineering 1998—2001 Cerritos Community College,Associates of Arts Degree 1997— 1999 PROFESSIONAL TRAINING Certified Distressed Property Specialist 2009 Graduate Realtor Institute 2006 Senior Real Estate Specialist 2006 Quality Service Certification 2005 California Notary License 2003 California Real Estate Broker License 2003 California Real Estate Salesperson License 1997 PROFESSIONAL ASSOCIATIONS Downey Association of Realtors California Association of Realtors National Association of Realtors National Association of Hispanic Real Estate Professionals National Association of Hispanic Real Estate Brokers Rancho Southeast Board of Realtors(Political Affairs Committee) Dave Ramsey ELP(Endorsed Local Provider) Children's Miracle Network L,Akwr Siom-i 3C*- C-entifl=p T, I m nf*U6 (564 7c-5A382rl WWW LkAhPrSarncel�r;pm i r4=k e-TayCm2aii rm,f fFa.a Yerr. J15t3M$19`t�TeT� r phRd�PicOr.3rera. �A FE7I OUR COMPANY TNTRO ALl_STARS I want to thank you for considering my Company as well as myself to serve you in your Real Estate needs as well as the opportunity to share my plan of action with you- . CENTURY 21 Allstars opened for business in March 1988,in the city of Norwalk,CA under the leadership of Broker!Owner Joe Villaescusa.We operated and conducted our new business in less than 1,000 square feet and,at that time,employed only one agent.Within the following two years,we had grown to over fifty Realtors and increased our office space.In 1994,we moved to a second location in Norwalk as we had outgrown our original location.CENTURY 21 AIIstars was and remains a landmark in the southeast market. Currently we are the I l CENTURY 21 OFFICE IN WORLD RANKED BY GROSS CLOSED COMMISSIONS.We are well known and respected in the community and our philosophies are based on both honesty and integrity-As a client centered business.you will receive personal service and be backed by a reputable company. CENTURY 21 Allstars has annually been recognized nationally and internationally as an award winning Centurion Office since our second year in the business and the recipient of The Grand Centurion Award from 1995-2014,a prestigious award that only the top one percent of all offices in the CENTURY 21 System have earned. We are acclaimed for,not only our premiere residential and commercial real estate service,sales and production but,for the charitable work—Easter Seals—and community service we take pride in providing to the communities we serve.Our Allstars team recently helped build a home for a local family with Habitat for Humanity,former President Jimmy Carter's personal cause.Despite the critical real estate downturn during the past several years,CENTURY 21 Allstars actually increased our safes production and continues to lead the industry with one of the highest real estate market shares in the nation. Currently,CENTURY 21 Allstars owns and occupies over 23,000 square feet in a world class facility in Pico Rivera,a facility that is rivaled by none. With a professional team of over 250 Realtors,three full-time office managers,a recruiting manager,and a support staff of nine,CENTURY 21 Allstars has a client loyalty satisfaction of 99%based on the CENTURY 21 Customer Service Survey.While CENTURY 21 Allstars is an organization that is cutting edge and technologically savvy in the Real Estate industry,we never forget that our true commitment is to provide each and every consumer with unprecedented excellence and service. Within this great organizatin,I have been the#l top producer in units and Gross Closed Commissions for the last three years and a consistent top producer in the years before that. Earning the Presidents Award consistently as well as the Double Centurion Award,I pride myself in providing excellent customer service. AN accolades,awards and accomplishments wouldn't men much without creating happy clients along the way. Over all my 18 years is the business,90°t of my business comes from positive word-of-mouth referrals from past clients. I'm committed to firs-rate communication with my clients and always looking out for their best interest and I take this very seriously- I thank you in advance for the opportunity to work with you and we hope that you will consider CENTURY 21 Alistars your future place of business. Luther Sanchez,Broker Associate LLjU'ier On?:h??I G?niur Lf 2?Ail%ears f M C'bde- r,EZi7 try $T 1 wvrw.LG�tlzar anrtl4?• rn J �v13� �-tircBr-o6-�fri5Gm Em ro+n 1 ortrre 9nrurs�?t A-ista-s 19TSS Teregraph Rd raico Rivera.CA 904SGCI i AN PLAN OF ACTION Below are a few of the services we will provide as part of the marketing of your home_Before we can get started,the First important step is to Sign and complete Listing agreement FIRST WEEK 1.Enter listing Into the MLS system. 2.Put up a CENTURY 210 For Sale yard sign 3.Install lock box.(optional),OR Coordinate showings with occupants 4.Shoot proFessinal property photos a Drone Video for virtual open house available on all property sites(Over 600 Websites) 5.Review showing procedure&keep track of all tauyers/agents that view the home. 6.prepare a full color property Flyer.Just-Listed Postcards EL Exclusive property Webs�te 7 Syndicate listing to real estate weosites including Social Media sites. S. Email a large group of Rea,tors with property details- 9-Call agents who have recently shown homes similar to yours and see if their buyers are available 10.Mail out all Postcards ft Flyers to neighborhood. 11.Call surrounding property and business owners then Doorknock 12 Hold Open Houses SECOND WEEK 13_Invite brokers and agents to tour home. 14.Begin agent to agent marketing efforts. 15.Review and update status with you the sellers 1&Show property to potential buyers&Follow-up on all internet leads. 17 Monitor market conditions f[comparable properties in the area(even Foreclosures Et short sales) 18.Repeat ngoing points above until home is under sale contract L...tii`tar Itiar+cMU.?I'_got A},U!-=iar s I Mcio s L%I?t 1Sb iai l wr w�ui�aY�ar.cr$�co� ACky-r-I(C_-rWjL3r'":+i`C-n1LNer.€z Caa.nl.-_Lr A1UfS:br-.!`iKav ebetyaRnRd4,hcc �n,� iu■i. MARKETING ACTION ONLINE PLAN SYNDICATED ONLINE MARKETING Syndication is becoming one of the fastest growing listing advertising mediums on the Internet today. Giving your property maximum exposure just makes sense as I'm part of the largest syndication network in the real estate industry, with new partners being added frequently. I make sure that your property is on all of the highest trafficked search sites on the Internet. The services I subscribe to allow your property to be advertised across multiple popular home search sites immediately. HomeGaln. :, C; gi>;-maps foreclosure. illLr'�or•ecfns�re5 Ate. ��r�--- ��'. �l, !7 I"P.m 14 iem"t M4"tc ��il OfflRe's SecondSpace 4A Fbohpq irAclws craigslist Your oodle rult� WFT Vast j'CAJAPIG LJNEj:%f Listing ShIdQseed- - . :-homes E � u�akC0 Shirk FRONTDOC)R. ®The Haug Pages �xREALESOrwrE r Z1l1aW`COm s"• bacApage� Kazork.com' 1P Reat7owrf CUckabl.City Directuri" et rr�v�.M.er. �[a r/shy[m i Gfta 4 PHOTOGRAPHY& VIDEOGRAPHYINCLUDED Our Photography Vs. Our Competitors it J er i 1 1 Luther Sanchez[Century 21 ANstars[ Mobile:(562)755-9387[www.Luther5anchez-com[MajesficBroker@Gmad.com [Office_Century 21 Allstars 19155 Telegraph Rd Pico Rivera,CA 906601 CalBRE-W 01226461 Expires Nov 30,2015 � i L 10620 Harvest Ave Santa Fe rin Dort"t miss this opportunity to move into this oharming pooh home: • Single family property 5 Bed/3 Bath with Poo44 IF • 2,451 SgFt Home on ❑ 8,517 SgFt Lot JISLUTHER `- F / (562) 755- 9387 . Spacious kitchen with newer cabinets and countertops Unique Home Built in 1952 Detached well-built titan Cave - Attached 2-Car Garage with gated RV parking - - - Cen#rat A/C � Heating w/split systems For 1st & rid f�oc� - Beautiful Large Back Yard perfect for entertaining Centrally located close to schools, � shopping and parks �= . , ' - � And best of all, it's a STANDAi7D SALE! - . ' - �` Hablamos Espanol F 9155 Telegraph 'd Pico Rivera, CA 91661 Majestic Broker(RYahoo.com r' - wwwlutherSanchez.corr LUTHER IF4 T rt ----------------- ■ over PREPARED FOP YEr\YO City i 5 Stnffwd Ave Ruafthin Tsrk,CA 96293 Proposed Price Government Expenses 01 City Transfer Tar (r.oaa0ol 02 cow"Transfer Tax (4") Other Expenses 03 Homeowacrs warranty (MMO0) 04 Title Fees (tXs80) 0s Escrow Fees (r-M00) 06 Na wal tluad Fees (16da6) 07 Usti"broke'Fee t0.oea.00 os Sellmg Broker Fee t0.tloo ao 09 Taal Bmkds Fee i 10 Termite Work 1,aosee I l ikltei (1,.]oaooF TOTALS 12 Seller's Gains aoao0o 00 13 Seller's Expenses (26.415.00) 14 Estanated Equity to Seller s373,slm.0o This netsheet report is designed to assist a real estate professional in estimating the net equity in a real estate transaction. Any repairs or corrective work that the property may require must be verified with and/or by the appropriate professionals. Prorations and payoff fees may vary depending upon the month and day on which escrow closes and therefore may not be accurate in this report.The figures that are presented herein may not reflect any delinquencies or Guns on the property. Since escrow companies, lenders,and other real estate transaction participants vary in their charges,these figures are not guaranteed and may be inaccurate based on many factors, including but not limited to,the date and time period of the transaction,fluctuating interest rates and costs in an industry,and other geographic-related issues.The individual relying on this report and any and all Fgures and calculations contained therein should verify all information with the appropriate professionals and companies that may provide the services to the real estate transaction. 1 have read the netsheet report and understand that these figures are estimates based upon the information available to the producer of the report at the time of computation.The report is not guaranteed and may contain inaccuracies. I understand and agree that I should not rely on any figure or calculation in this report without verifying the figures and calculations with the appropriate professionals.This report is not intended to fulfill any state or federal disclosure requirements. I acknowledge receipt of a copy of this report. Vernon City 2nd Seller Luther Sanchez CURBAPPEAL_ PR Most buyers Form their first impression of your home before they even get out of their cars.This is "curb appeal"or the view from the curb that tells the buyer how attractive and well-maintained your home is compared to other homes In a competitive market,it takes more than trimming the hedges and planting a few flowers to create curb appeal. The exterior of your home must be in pristine condition - freshly painted,cleared of clutter.with no visible repairs needed.A broken step,overgrown bush,or abandoned toys in the yard can spoil the appearance and your buyer's First impression. Curb appeal is Important because it sets the tone for what the buyer is going to see inside.If the buyer likes the exterior_he or she will be predisposed to also like the interior and you're that much closer to selling your home.To see what needs to be done to sell your home Faster and for a higher price,go outside.stand on tl-e curb and try to look at your home the way the buyer will. Walkways/driveways-Make sure walkways are clear of snow weeds,or debris.Repair or replace cracked steps or pavers Driveways should also be clear of vehicles,toys and debris_Park cars in the garage_ Landscaping-Keep your lawn mowed.edged and watered Prune dead branches and plants_Weed flower beds and replace leggy,thin landscaping with Fresh plants and flowers. Exterior-Replace loose or damaged roof shingles,clean the gutters,and paint and caulk window trim and doors. Repaint the front door an eye-catching color that complements the rest of the exterior. Replace broken windows Entry - Power wash siding, brick, windows,and porches Paint or replace furniture such as rocking chairs or porch swings. Replace mailboxes. light fixtures.door knobs or any other fixture that looks less than Fresh.Put out a welcoming new floormat Some parts of your home may require more work than others,but it's well worth it to get buyers eager to see what's inside Lutrwef5ar+crw-ICenL,ry Z'► lF%rars{hroode !�tb '755-93371 woy%%,LutherSarsCM2xCOro I s4f sit cF3r+�kA I!} ma 1, or*+ 1 74 Ahst_7r c 1 9155 Tefegraic3h Rd P Co P-_era CA?b57C1 RATINGSMY REVIEWS ON ZILLOW INTRO Luther Sanchez, Real Estate Broker 60 Reviews Zillow screenname Recent sales MajesticBr oker Sold a Single Family home in 2r15 For Bought a Single Farmliy home in 2015 For approximately $-ISOK in Whittler.CA approximately$850K In Whitt e-r CA As an out o`the area Trustee For a home n Whittier,I was I have a very complex Family and Luther made the situation a faced with having to sell a distressed property occupied by "prece of cake.Luther handled the family situation with a an Occupant unwilling to leave the property.Lutfeer Sanchez delicate touch.He clam the nerves of my folks and explained was very professional_ the entire process__ Bought a home in 2015 Sold a home in 2015 In Oowney Rcad Pico c +/ st e�„fir ena=,air^ Rivera.CA 90660 t uther displayed a high level of professionalism despite some challenges.He's versatile and was very When I first met Luther I was blown away with his pat,encce accommodat4n4 evcn though we didn't qualify for a while.He even after I warned him I would really need it Luther kept in contact with us and always answerer educated me on the process time and time again.all while being professional and curtious. ._ Bought a Single Family home in 2015 in La Sold a Single Family home ,n 2015 in Norwalk, Mirada, CA. CA. ' mrguelm,gueImiguelI .. •- IF your looking For great service.attention to detail and an Ic s very simple.Luther goes goes all out For his clients.He experienced/knowledgeable broker then Luther is your guyl made my Family and I Feel like we were his most imoortant My Family and I are extremely satisr ed with his guidance client and we will always appreciate it Thank you Luther! and expertise ® Zillow CLIENT TESTIMONIALS 'Ludeer is the corrsrrmrnate professrarea(someone who stands out amongst his �t pem L usher recently soCda finuse for us in Los ftekL 'From the start, he ' + - preseareda neff thought out Ulark&trng plan andsales strategy. Quite sirnp(y, W— ILL,0% fw draught is 4"#a we frvm the start, O N 'Within 2 weeks of the listing he brought us a fuffcash offer at 98%of Cut F _ price, -V49otratiorrs witft efrt btryrrproved to be chaffersl��yet Luther reaeaxnedcak frrenZyandprofe.- onaftfrougriou� Irw entire process Ludlatr u altuaysprom pe ira fine corrrmuracgtrJ7S ared a pleasure to work With.Me is someone I would 6e happy to uwkwith again." •Fr�riq�;e��elie7 I] P Civil Engineers)'}can t say errouh about L usher faciGtaturg the sale of our prr*1r. Lather weathered tfre Seorw despite the ,Try a xffltrrlj circttrrrstairres, moRP its a,fvise arrde ertise TLvs (n alua 6fe. Fte 6ougQ arrd sold marry prolrertiss i" rrty h etrme anddeaft 1otfa as many reafestato agent, mcfudmg alleged rwnds'; '6t46out greption Lutfwru dwfi'rst agent tfrat actual y 7a.ork fdfor his cfirtrt, I&sear n m this case qrw price we got a4u crr randabow what ne aVected whicaz is safety due to Lutfel's�wrgot&'z4wtr sk4L La t&r a4a has a cor[t=tor char dadu.orkarr tfw house tfrat u+atpaiditr acrou., vw6wfi was u great ben fit in our,situd[un Simply put, L uthxr is efts &-se you ever ask for in a rrdartaie agent. " "M"noged '14r:.SarrcFr-rs tfw epitom e of real estate,9fe took this taskof selling our cunt i boars arrdhrfptrrg w seurcfa foruur rm w dream home, 7lre act e 6ae >:e was able to take on 6otle tasks at eFresame time is in itseffirrcredi6ra Xr Sardcfee:.& you efte time anduttentwn makeng you fee(tfarf Yost are G; #1 ' prionty. Weir aLlthe clarets I'm sure hs lets, to be a6Cc to make your feel t t ,war is ua6ekww6fe, Jfealufuvs ffwkP h imweff a t4da%foryou_ (Being tfx type If ofperson that alu,%s s Funs gerescwns jadhavvW to cafl6im almost everyday, I f Ct rwlly 4"Yorta6(e krrou.iV that he was al",agoing to arrsuerr hwphorw andiffm dbeswr he reta,nuyourphove ca Tri�hr a-wuy, Mefi hint there are rta 'OR6 open dunng busrmss fioursy TO nre that is one qf the best gerafle es io have as a real estate agent be=juer I always krtew-my gtresdam and my concerns uvuZgct addnusedtfaat same day Wf fins been great to worku-ilk aruflam ds6irile(y Bourg to 6e referring him ev r4ryone I kram ifiat u too rrg to sefforpurcfuue a home, S Stars in erery espece.!:', -Tino�GtyofVemon Police officer) W:"+3& !;w►twty 11 A kiso I M+'WUL&6Z77'4W R rv.rw.4*+rhs&F4hW-8ffi%I #'�Kbrcr edTM+t�pw r CM t rey 2:I406wa I%i trleW00 W4 Pme P 'A Wry i CAQ tWIWWLI'btWrrs hChr 15 ERRORS ■ + i ■ NCE ACGZ. PokyNuTrlEer D"ElvDr&o 3.'3@ r CERTIFICATE OF LIABILITY INSURANCE i« T}Ky CIItnFl`r4TF!!IL3um AG A rA.rr'idt OF YIFQIbAL7TgFf A1&Y AM 4Lti±so�W+a_cv.5_. ,y,,� •A .r"'-L.nra CFJtTFICATE DOE7 NOT AFF1RIpTIVELY OR MEGATIVELY Aasip,EMMD OR ALTER THE COVERAGE AFFORDED BY ME POIXIE7 BBGW. TIES CWTFIGTE OF HISORANCE DOES NOT CONSTTLTTE A CONTRACT BETWEEN THE MSUfM NSLFERM NffMR[mD Rt�R"�!- .T LUG THE cmr "rg"CLDC& 4MORTANT: R UM ca MZU NXftr an AG7Yl QKLL JMMTLRIO:mi�geyYleL!awd Le�5±�•� r ciiup, .n.�.Ls W!6mmu.# ;a tLe Orrara arld cowo rn of an ookV.ve41n pWki"may rupWo an ett�A a4llen"m tth Oodgkiate does not aomler tl9trtL to the tspule.l.Tsw•!, — -- MIG1000 PEaLtsEiaael TnevrsmCo Servtoq �,w,■,■ i5301 Zr]-OiRD RY 12719 Colfwr" E3 IBM273.Q16* P.O. BOX 1689 — Coder Rider. CAL 95924FZ—MZCMz URAP ;Rtd)rANCs t70Flsw vew� haxicc6. TM ORA; aorAw$1 mimda. ALL27 S Rega G: p PYCO RIVE A, CA 90EEO I #TEPi11N ELIplptl R: tH18 EI m C4tTaY tT!AT THE POLI U O/rzSU .CE LIBlf'S RUaw wAvr BEEN ISSLEB T4 rA MMMED I,ME,ABOv�IQA rw J1 u"PUDIMI 1NpltAtlpp II�TYATMlTAAKADIT 1Ny 1 a MLMEL4£NT T!d rJR CO1r6tTXM an Aalr=WRACT OR O AM BLICVWENT VATH RESPECT TO rwCI*r"A GHITRaDM MAY 9E OMM Olt WAY M"Aa4-1E IlgyR—C£ Atr*SftoEn By THE POLICE CRI]OESBED HEREIN 19 SUBJECT TO ALL THE TERMS. ETa0LWuWdANDCONDMa"OR'UCHOra Irce,-MISS u V HAVE MEN WDUG9UAN Pe10 MAMEL ITIVr+Td OF rnwaAq Cra ar I — �Carrumr�a..0 aa�yyLn CrAaM WOf__�aCprt �- $_i p0l 3O101a3-02 a�1�a4u �+utela .+9gru.l.w ■T �TM LTdtA1lJ�trs I AIvrw*? Itp � l+la 111 Ram.lG� ed.t,at Wi t • ,�rrewauirM.Jrr trr a Acr rlrrEe EprLr a,yA,atir�,� a w!ss �rr�� Mrrll►...r,f,r�y a Kwlma a�-4r�aap r _ a I�a�4ra °1"°'r � a�exaealrao.er r rxe`i y..�r m..rayl4a j aawm!r` IMF��r}aa�� I�4ri �LaiIM AG�JT � MMirir�r Y aYU a �•i�rr �� 4��— G!'Jlifr I r - Larr 4 i Oa CA�!aia OF OIfRFT9A♦rLaYJTglla 1'rbp«p Mry11Y ia4 ard..�afMar""dam,e,r A rrfrra a eM'A"N-Pr l .MIMNM 21 RLAL T:E?A= LLC, 1 nZDnM Co".. AND THMrst BUINIamIARM. 'C Lf,ra AND AAEIGRE AXE AMr=C W MMI ED. 175 PARK AVMRX. MDISW, TrJ. 01440 CEIITIFlCATG lJoUER LA M CEAYtMU 21 WT. EdlA'1'R, W4 SHOULO ANT OF THE ABOVE O09C71d•m POCK!$as CmcoLLEo dffo" ME np*AT!ON DATE TMUMF, NOTICE WILL BE BELAIlAED IN CID numnapm 7NcMM sERVSCEe, rue ACCOROANCE TATM THE rOL=PINOYn11DEL P.O. am 21919 LQR "ACE, CL 90E01 �mlo-r=+4 aaweaala l+,tee 0 1010, r!4 ACOM CCktMRAT". All AEhI,reaerary, AGORO 25 12E14ptj The ACORO name and logo are registered marts of ACORO Rtur 1 [��MallhhG (5&4'-�55-93$71 WNWWLwltwq$a40IlM1071 I WyesticBl 2ket'@�-moor" _55 1L'MII •10f1RdP�wMom C 9MM t rARREO CL2264,51EApsrftNmRL XJ3 STATE Of CALIFORNIA nejxart,lien! cif R al Ec Jk- , Real Estate Broker License Luther Sa»chez r � y r Jhl,RI� {}F'�IiF x1�Df�'L� yC!71U;;kU44 Fri'tM h FK-*I aU VF a 444'46FA t Y 91-"bad[ Ueacmberftl. :R11 �w�emlri Ao,'-90 3 5,TePT--;Fmorn R -9:�rm GA%Ef7b k AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) being first duly sworn deposes and says that he/she is ..13 D ikEke—45-7 C.'AnS — (Wow's0koW e.,Paoef.'PM&%kML ACFC Y meft=yrgvnk) of eliwmgr 2/ -4eI-57;9,e ttrwd==ar hidden who submits herewith to the City of Vernon a bid/proposal; That ail statements of fact in such bid/proposal are true; •r That such biNlwaposal was not made in the interest of or on behalf of any undisclosed person, partnership,comparty,association,organization or corporation; That such bidlproposal 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 bidstproposals.said bidder: a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham bid/proposal; b. Did not directly or indirectly. collude. conspire, connive or agree with anyone else that said bidder or anyone c e would submit a false or sham bid/proposal,or chat anyone should refrain from bidding or withdraw hislbter bkVpmposal; C. Did not.in any manner,directly or indirectly seek by agrecntesrt,communk*ion or conference with anyone to raise or fix the bid/proposal price of said bidder or of anyone eqe�or w raise or Fix a"overhead.profit or east eleinett of hi%%w bid/pmposal price,or of that of anyone else; d. Did not,directly or indirectly,submit his/her bid/proposal price or arty breakdown thereof,or ere contents diereof, or divulge information or data relative thereto, to any corporation. pwtnenhiR company, assoeiation, organizatioe, bid ry, or to any member or agent thereof,or to any individual of group of individuals,except the City of Vows,or to any person or prices who have a partnership or outer f nakrcial interest with said bidder is his/her busin=L I certify under penalty of perjury that the above information is confect By: Title: AU0CJ,0917& Date: EXHIBIT C RESIDENTIAL LISTING AGREEMENTS 17 AC .Assncr ,� rl,��I. r F c r '+ RESIDENTIAL LISTING AGREEMENT .t 4 F ,r r y r k r K % . (Exclusive Authorization and Right to Sell) (C.A.R.Form RLA,Revised 1 ill 3) 1. EXCLUSIVE RIGHT TO SELL: Vernon City v ('Seller') hereby employs and grants Perna 2f Allstars ('Broker') beginning(date) Seprembsr 1,2015 an List d ending at 11:59 P.M. on (date) yocemb4W3f. 2MS t- ing Period') the exclusive and irrevocable right to sell or exchange the real property in the City of Nureftmn Parer County of Los Angeles .Assessor's Parcel No. 6320-010-272 California. described as: 6036 Stafford Ave ('Property"). 2, ITEMS EXCLUDED AND INCLUDED: Unless otherwise specified in a real estate purchase agreement. all fixtures and fittings that are attached to the Property are included.and personal property items are excluded,from the purchase price. ADDITIONAL ITEMS EXCLUDED: ADDITIONAL.ITEMS INCLUDED: Seller intends that the above items be excluded or included in offering the Property for sale. but understands that: (1)the purchase agreement supersedes any intention expressed above and will ultimately determine which items are excluded and included In the sale: and(ii) Broker is nat responsible for and does not guarantee that the above exclusions and/or inclusions will be in the purchase agreement 3. LISTING PRICE AND TERMS: A. The listing price shall be:Three Hundred Ninety-Eight Thousand Dollars($398.000.00 �. B. Additional Terms: A. COMPENSATION TO BROILER: Notice: The amount or rate of real estate commissions Is not fixed by law. They are set by each Broker individually and may be negotiable between Seller and Broker (real estate commissions Include all compensation and fees to Broker). A. Seller agrees to pay to Broker as compensation for services irrespame of agency relationship(s),either !k 5.000 percent of the listing price(or if a purchase agreement is entered into. of the purchase pnceo-. or -$ AND OR 4%If dual agent pursuant ro Secuon 9 f C) as follows: (1) If during the Listing Period. or any extension. Broker, cooperating broker. Seller or any other person procures a ready, willing. and able buyer(s) whose offer to purchase the Property on any price and terms is accepted by Seller. provided the Buyer completes the transaction or is prevented from doing so by Seller. (Broker is entitled to compensation whether any escrow resulting from such offer closes during or after the expiration of the Listing Period,or any extension.) OR(2)Ifwithin 30 calendar days (a)after the and of the Listing Period or any extension. or(b) after any cancellation of this Agreement unless otherwise agreed, Seller enters into a contract to sell, convey, lease or otherwise transfer the Property to anyone (prospective Buyer")or that persons related entity: (1)who physically entered and was shown the property during the Listing Period or any extension by Broker or a cooperating broker: or (ii) for whom Broker or any cooperating broker submitted to Seller a signed. written offer to acquire, lease. exchange or obtain an option on the Property. Seller. however, shall have no obligation to Broker under paragraph 4A(2)unless. not later than 3 calendar days after the and of the Listing Period or any extension or cancellation. Broker has given Seller a vvrittan notice of the names of such Prospective Buyers. OR(3)it - . B. If completion of the sale is prevented by a party to the 7ansaction other than Seller, then compensation due under paragraph 4A shall be payable only if and when Seller collects damages by suit arbitration, settlement or otherwise. and then in an amount equal to the lesser of one-half of the damages recovered or the above compensation. after first deducting title and escrow expenses and the expenses of collection,if any C. In addition. Seller agrees to pay Broker. D. Seller has been advised of Brokers policy regarding cooperation with. and the amount of compensation offered to.other brokers. (1) Broker is authonzed to cooperate with and compensate brokers participating throAh the multiple listing service(s) ("MLS')by offering to MLS brokers out of Brokers compensation specified in 4A.either X' 2.500 percent of the purchase price.or S (2) Broker is authorized to cooperate with and compensate brokers operating outside the MLS as per Broker's policy E. F, (1) Seller represents that Seller has not previously entered into a listing agreement with another broker regarding the Property. unless specified as fellows: (2) Seller warrants that Seller has no obligation to pay compensation to any other broker regarding the Property unless the Property is transferred to any of the foiiow(ng individuals or entities: (3) If the Property is sold to anyone listed above during the time Seller is obligated to compensate another broker J) Broker is not entitled to compensation under this Agreement:and(ii)Broker is not obligated to represent Seiler in such transaction. 2013. —alifomia Association of RFALTORSC Inc Seller's initials 1 )( 1 RLA REVISED 11113(PAGE 1 OR 5) M 3WIINTIAL LISTING AGREaMKNT-RXCLUB"(RLA RAGE 1 OF 51 'Crane*21 MiMm➢1ff Tekgpi Ara:ed n..Pied Rhw.r eA gem Phone (%I)79-4-13V Fax 64')%3,r.13 f 8 .ff.dd 1 Lnder Sm&e Produced+5 th=F",rF2 by mpLogix 'a070 Fmeen 16W Rtrad 4:,Jw M*Mwpn 4W25 OMIgLAi,c:p 6036 Stafford Ave Property Address:Hunun_aton Park,CA 90058 _Date: September 1,2015 5. MULTIPLE LISTING SERVICE: A. Broker is a participant/subscriber to Multiple Listing Service (MLS) and possibly others. Unless otherwise instructed In writing the Property will be listed with the MLS(s) specified above_ That MLS is (or if chocked _is not)the primary MLS for the geographic area of the Property.All terms of the transaction. including sales price and financing. ii applicable. (i) will be provided to the MLS in which the property is listed for publication. dissemination and use by persons and entitles on terms approved by the MLS and(ii)may be provided to the MLS even if the Property is not fisted with the MLS. BENEFITS OF USING THE MLS; IMPACT OF OPTING OUT OF THE MLS;PRESENTING ALL OFFERS WHAT IS AN MLS? The MLS is a database of properties for sale that is available and disseminated to and accessible by all other real estate agents who are participants or subscribers to the MLS. Property information submitted to the MLS describes the price. terms and conditions under which the Seller's property is offered for sale (including but not limited to the listing broker's offer of compensation to other brokers). It is likely that a significant number of real estate practitioners in any given area are participants or subscribers to the MLS. The MLS may also be part of a recprocal agreement to which other multiple listing services belong. Real estate agents belonging to other multiple listing services that have reciprocal agreements with the MLS also have access to the information submitted to the MLS.The MLS may further transmit the MLS database to Internet sites that post property listings online. EXPOSURE TO BUYERS THROUGH MLS: Listing property with an MLS exposes a seller's property to all real estate agents and brokers(and their potential buyer clients)who are participants or subscribers to the MLS or a naciprocating MLS. CLOSEDIPRIVATE LISTING CLUBS OR GROUPS: Closed or private listing clubs or groups are not the same as the MLS. The MLS referred to above is accessible to all eligible real estate licensees and provides broad exposure for a listed property. Private or dosed listing clubs or groups of licensees may have been formed outside the MLS. Private or dosed listing dubs or groups are accessible to a more limited number of licensees and generally offer less exposure for listed property_ Whether listing property through a closed. private network - and excluding it from the MILS-is advantageous or disadvantageous to a seller. and why. should be discussed with the agent taking the Seller's listing. NOT LISTING PROPERTY IN A LOCAL MLS: If the Property is listed in an MLS which does not cover the geographic area where the Property is located then real estate agents and brokers working that territory. and Buyers they represent looking for property in the neighborhood.may not be aware the Property is for sale. OPTING OUT OF MLS: if Seller elects to exclude the Property from the MLS, Seller understands and acknowledges that: (a) real estate agents and brokers from other real estate offices, and their buyer clients,who have access to that MLS may not be aware that Seller's Property is offered for sale; (b) Information about Seller's Property will not be transmitted to various real estate Internet sites that are used by the public to search for property listings; (c) real estate agents. brokers and members of the public may be unaware of the terms and conditions under which Seiler is marketing the Property. REDUCTION IN EXPOSURE: Any reduction in exposure of the Property may lower the number of offers and negatively impact the sales price. PRESENTING ALL OFFERS. Seller understands that Broker must present all offers received for Seller's Property unless Seiler gives Brokerwritten instructions to the contrary. Set[a�s Inidals Brokers initials J B. MLS rules generally provide that residential real wcpom, and vacant lot listings be subm4ted to the MLS whhln 2 Heys Or so ms other period of time after all necessary signatures have been obtained on the listing agreement. Broker will not have to submit this fisting to the MLS if. within that time. Broker submits to the MLS a form signed by Seiler(CAR. Form SELM or the local equivalent form)- C. MLS rules allow MLS data to be made available by the MLS to additional Internet sites unless Broker gives the MLS instructions to the contrary. Seller acknowledges that for any of the below opt-out instructions to be effective. Seller must make them on a separate instruction to Broker signed by Seller (CAR. Form SELI or the local equivalent form) Specific information that can be excluded from the Internet as permitted by(or in accordance with)the MLS is as follows: (1) Property Availability: Seller can Instruct Broker to have the MLS not display the Property on the Internet. (2) Property Address: Seiler can instruct Broker to have the MLS not display the Property address on the Internet. Seller understands that the above opt-outs would mean consumers searching for listings on the lntemet may not see the Property or Property's address in response to their search- (3) Feature Opt-Outs: Seiler can instruct Broker to advise the MLS that Seller does not want visitors to MLS Participant or Subscriber Websites or Electronic Displays that display the Property listing to have the features below. Seller understands(1)that these opt-outs apply only to Websites or Electronic Displays of MLS Participants and Subscribers who are real estate broker and agent members of the MLS: (0) that other lntemet sites may or may not have the features set forth herein; and (III) that neither Broker nor the NILS may have the ability to control or block such features on other Internet sites. (a) Comments And Reviews. The ability to write comments or reviews about the Property on those sites, or the ability to link to another site containing such comments or reviews it the link is in immediate conjunction with the Property. (b)Automated Estimate Of Value: The ability to create an automated estimate of value or to link to another site containing such an estimate of value if the link is in immediate conjunction with the Property. Seller's InihBls RLA REVISED 11113(PAGE 2 OF 5) RESIDENTIAL LISTING AGREEMENT•EXCLUSiA(RLA PAGE 2 OF 51 Pmckiced.wm 2noFWMO by 71PLogx 13070 Pfftw'Ale Road F-mer MUwpn 4=5 rwrH aoL¢aa_com W-14 jndord err 6036 Stafford Ave Property Address:Huntington Park. CA 0058 Date:September 1,2015 6. SELLER REPRESENTATIONS: Seller represents ghat, unless atl'ervose soaa-had in writing. Sailer is unaware of (i)any Notice of Default recorded against the Property: (ii)any delinquent amounts due under any loan secured by, or other obligation affecting.the Property: (iii) any bankruptcy. insolvency or similar proceeding affecting the Property: (iv) any litigation, arbitration, administrative action, government investigation or other pending or threatened action that affects or may affect the Property or Seller's ability to transfer it: and (v)any current pending or proposed special assessments affecting the Property. Seiler shall promptly notify Broker in writing if Seller becomes aware of any of these items during the Listing Period or any extension thereof. 7. BROKER'S AND SELLER'S DUTIES: (a) Broker agrees to exercise reasonable effort and due diligence to achieve the purposes of this Agreement. Unless Seller gives Broker written Instructions to the contrary. Broker is authorized to (I) order reports and disclosures as necessary (ii) advertise and market the Property by any method and in any medium selected by Broker, including MLS and the Internet and. to the extent permitted by these media, control the dissemination of the information submitted to any medium:and (lil)disclose to any real estate licensee making an inquiry the receipt of any offers on the Property and the offering price of such offers. (b) Seller agrees to consider offers presented by Broker. and to act in good faith to accomplish the sale of the Property by, among other things. making the Property available for showing at reasonable times and, subject to paragraph 4F, referring to Broker all inquiries of any parry interested in the Property Seller is responsible for determining at what price to list and sell the Property. Seller further agrees to indemnify, defend and hold Broker harmless from all claims, disputes, litigation. judgments attorney fees and costs arising from any incorrect information supplied by Seller. or from any material facts that Seiler knows but faits to disclose. B. DEPOSIT: Broker is authorized to accept and hold on Seller's behalf any deposits to be applied toward the purchase price_ 9. AGENCY RELATIONSHIPS: A. Disclosure: if the Property includes residential property with one-to-four dwelling units, Seller shall receive a "Disclosure Regarding Agency Relationships'(C.A.R. Form AD)prior to entering into this Agreement S. Seller Representation:Broker shall represent Seller In any resulting transaction.except as specified in paragraph 4F C. Possible Dual Agency With Buyer. Depending upon the circumstances. it may be necessary or appropriate for Broker to act as an agent for both Seiler and buyer, exchange party, or one or more additional parties ("Buyer'). Broker shall, as soon as practicable. disclose to Seller any election to act as a dual agent representing both Seller and Buyer. If a Buyer is procured directly by Broker or an associate-licensee in Broker's firm, Seller hereby consents to Broker acting as a dual agent for Seller and Buyer In the event of an exchange. Seller hereby consents to Broker Collecting compensation from additional parties for services rendered. provided there is disclosure to all parties of such agency and compensation_ Seller understands and agrees that (i) Broker without the prior written consent of Seller,will not disclose to Buyer that Seiler is willing to sell the Property at a price less than the listing price: (ii) Broker, without the prior written consent of Buyer,will not disclose to Seller that Buyer is willing to pay a price greater than the offered price: and (iii) except for (i) and (n) above, a dual agent is obligated to disclose known facts materially affecting the value or desirability of the Property to both parties. D. Other Sellers: Seller understands that Broker may have or obtain listings on other properties. and that potential buyers may consider. make offers on, or purchase through Broker, property the same as or similar to Seller's Property Seller Consents to Broker's representation of sellers and buyers of other properties before.during and after the and of this Agreement. E. Confirmation: If the Property includes residential property with one-to-four dwelling units. Broker shall confirm the agency relationship described above.or as modified, in writing,prior to or concurrent with Sellers execution of a purchase agreement. 10.SECURITY AND INSURANCE: Broker is not responsible for loss of or damage to personal or real property. or person, whether attributable to use of a keysafe/lockbox. a showing of the Property.or otherwise.Third parties,including, but not limited to, appraisers, inspectors. brokers and prospective buyers. may have access to, and take videos and photographs of. the interior of the Property. Seller agrees: (i)to take reasonable precautions to safeguard and protect valuables that might be accessible during showings of the Property:and 0i)to obtain insurance to protect against these risks. Broker does not maintain insurance to protect Seller. 11.PHOTOGRAPHS AND INTERNET ADVERTISING: A. In order to effectively market the Property for sale a is often necessary to provide photographs. virtual tours and other media to buyers. Seller agrees(or _if checked. does not agree)that Broker may photograph or otherwise electronically capture images of the exterior and interior of the Property ("Images') for static and/or virtual tours of the Property by buyers and others on Broker's website,the MLS, and ocher marketing sites. Seiler acknowledges that once images are placed on the Internet neither Broker nor Seller has control over who can view such Images and what use viewers may make of the images,or how long such Images may remain available on the Internet. Seller further agrees that such Images are the property of Broker and that Broker may use such Images for advertisement of Broker's business in the future. B. Seller acknowledges that prospective buyers and/or other persons coming onto the property may take photographs, videos or other images of the property. Seiler understands that Broker does not have the ability to control or block the taking and use of Images by any such persons_ (if checked;_ Seller instructs Broker to publish in the MILS that taking of Images is limited to those persons preparing Appraisal or inspection reports_ Seiler acknowledges that unauthorized persons may take images who do not have access to or have not read any limiting instruction in the MLS or who take images regardless of any limiting instruction in the MLS. Once Images are taken and/or put into electronic display on the Internet or otherwise. neither Broker nor Seller has control over who views such Images nor what use viewers may make of the images. 12.KEYSAFEILOCKBOX: A keysafeilockbox is designed to hold a key to the Property to permit access to the Property by Broker, Cooperating brokers, MLS participants, their authorized licensees and representatives, authorized inspectors, and accompanied prospective buyers Broker, cooperating brokers, MLS and AssoCiationw8oards of REALTORS4 are not insurers against injury, theft, loss. vandalism or damage attributed to the use of a keysafellockbox. Seller does(or if checked does not)authorize Broker to install a keysaferlockbox. If Seller does not occupy the Property. Seller shall be responsible for obtaining occupant(s)' written permission for use of a keysafe/lockbox;CA-R. Form KLA). Seller's IropaiS RLA REVISED 11113(PAGE 3 OF 5) RESIDENTIAL LISTING AGREEMENT-EXCLUSIVE(RLA PAGE 3 OF 5) �- Pr93uCd»=Formd W,13pL3yor TWO F-ft&w tAla Read Frasar Mm:ra 49M6 .wnraoLoda_cam i9M iragord Are 6036 Stafford Ave Property Address:Huntington Paris,CA 90058 _ Date: September 1,2015 13.SIGN:Sailer does(or if checked-does not)authorize Broker to install a FOR SALElSOLD sign on the Property. 14.EQUAL HOUSING OPPORTUNITY:The Property Is offered in compliance with federal.state and local anti-discrimination laws. 15.ATTORNEY FEES: In any action, proceeding or arbitration between Seller and Broker regarding the obligation to pay compensation under this Agreement the prevailing Seiler or Sroker shall be entitled to reasonable attorney fees and costs from the non-prevailing Seller or Broker,except as provided in paragraph 19A. 18.ADDITIONAL TERMS:-REO Advisory Listing (CAR. Form REOL)J Short Sale Information and Advisory(CAR.Form SSIA) Addendum(C.A.R Form) All sales and all sale terms and conditions are subject to final approval by the City Council for the City of Vernon. 17.MANAGEMENT APPROVAL: If an associate-licensee in Broker's olfica (saiesperson or broker-associate)enters into this Agreement on Broker's behalf. and Broker or Manager does not approve of its terms, Broker or Manager has the right to cancel this Agreement. in writing,within 5 Days After its execution. 18.SUCCESSORS AND ASSIGNS:This Agreement shall be binding upon Seller and Sellers successors and assigns. 19.DISPUTE RESOLUTION: A. MEDIATION: Seller and Broker agree to mediate any dispute or claim arising between them regarding the obligation to pay compensation under this Agreement. before resorting to arbitration or court action. Mediation fees. if any, shall be divided equally among the parties Involved if. for any dispute or claim to which this paragraph applies. any party (I) commences an action without first attempting to resolve the matter through mediation. or (ii) before commencement of an action, refuses to mediate after a request has been made. then that party shall not be entitled to recover attorney fees. even if they would otherwise be available to that party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. Exclusions from this mediation agreement are specified in paragraph 19C. B. ARBITRATION OF DISPUTES; Seller and Broker agree that any dispute or claim in Law or equity arising between them regarding the obligation to pay compensation under this Agreement, which is not settled through mediation, shall be decided by neutral, binding arbitration. The arbitrator shall be a retired judge or justice.or an attorney with at least 5 years of residentlal real estate Law experience,unless the parties mutually agree to a different arbitrator.The parties shall have the right to discovery In accordance with Code of Civil Procedure §1283.05. In ail other respects, the arbitration shall be conducted in accordance with Title 9 of Part 3 of the Code of Civil Procedure.Judgment upon the award of the arbitrator(s)may be entered into any court having jurisdiction. Enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act Exclusions from this arbitration agreement are specified in paragraph 19C. "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION, IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." Seller's Initials 1 Broker's Initials 1 C. ADDITIONAL MEDIATION AND ARBITRATION TERMS: The following matters shall be excluded from mediation and arbitration: (i)a judicial or nonaudicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or Installment land sale contract as defined in Civil Code §2985, (il) an unlawful detainer action; (lii) the filing or enforcement of a mechanic's lien, and (Iv) any matter that Is within the jurisdiction of a probate, small claims or bankruptcy court. The Tiling of a court action to enable the recording of a notice of pending action, for order of attachment, receivership. Injunction, or other provisional remedies, shall not constitute a waiver or violation of the mediation and arbitration provisions. Sellers Inrtials RLA REVISED 11113(PAGE 4 OF 5) RESIDENTIAL LISTING AGREEMENT-EXCLUSIVE(RLA PACE 4 OF 5) Produced wdh rpF*"oy mLoW 19070 rd6ee,1 We Road Fraser kWAu n 4BUS 0M snfr"_U7 6036 Stafford Ave Property Address:Hundn_aton Park,CA 90058 Date:Seorember 1,2015 20.ENTIRE AGREEMENT,All prior discussions. negotiations and agreements between the parties concerning the subject matter of this Agreement are superseded by this Agreement,which constitutes the entire contract and a complete and exclusive expression of their agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect This Agreement and any supplement, addendum or modification. including any photocopy or facsimile. may be executed in counterparts 21.OWNERSHIP, TITLE AND AUTHORITY: Seiler warrants that (i)Seller is the owner of the Property: (il)no other persons or entities have title to the Property: and (iii) Seller has the authority to both execute this Agreement and sell the Property. Exceptions to ownership.title and authority are as follows: REPRESENTATIVE CAPACITY: This addendum is being signed for Seller by an individual acting in a Representattve Capacity as specified in the attached Representative Capacity Signature Disclosure(C.A_R. Form RCSD). Wherever the signature or initials of the representative identified in the RCSD appear on this Agreement or any related documents. it shall be deemed to be in a representative capacity for the entity described and not in an individual capacity, unless otherwise indicated. Seller(i) represents that the entity for which the individual is signing already exists and(11)shall Deliver to Broker.within 3 Days After Execution of this Agreement, evidence of authority to act (such as but not limited to: applicable trust document or portion thereof. letters testamentary. court order, power of attorney, resolution,or formation documents of the business entity). By signing below, Seller acknowledges that Seller has read,Understands, received a copy of and agrees to the terms of this Agreement. Seller Date ver"n cay Address C State Zip Telephone Fax ;7a.1 Sailer _ Date Address C ty State Zip Telephone Fax Email Real Estate Broker(Firm)Century 21 Allstars Cal BRE Lic.#01280965 By(Agent) Luther Sanchez Cal BRE Lic a 01226461 Date Address 9155 Telegraph Rd 2nd Floor City Pico Rivera State CA Zip 90660 Telephone (562)755-9387 Fax(562)381.7140 Email majesticbrokerl(ftmail.com 19E1-2M Caldomra Assoaabon of Rf_ALTORSO Inc United States Copamgttt law(Title 17 U S Coee)tOrDM the unaumocrzeC Ostrltueon dWlay and reproduc5on of this form or arty portion thereof try phorocapy machine or arty other means wuding ftcsunoe or computeram brmars. THIS FORh1 IiAS BEEN APPROVED BY THE CAUFORNtA ASSOCkATICN OF REALTORSO(C AR.I NO REPRESENTATION IS MACE AS TO THE LEGAL VAUDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER iS THE PERSON QUALIFIE) TO ADVISE CN REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE_CONSULT AN APPROPRIATE PROFESSIONAL Puottsned ana Drstnoutea Dy REAL ESTATE BUSINESS SERVICES INC a subwCary of Ox Cariforma Assocragon of RE4LTORS0 525 South'Argil Avenue Los Anger Carrfomra 9=0 `Rer.ehe7 DV Date RLA REVISED 11113(PAGE 5 OF 5) RESIDENTIAL U37ING AGREEMENT-EXCLUSIVE(RLA PAGE 5 OF 5) -10duced Nah ZaFormg by 2iRLaqu !3070 Fdleen Mrle R020 Fr34er%&Mgan 430263 i 506 SnHotd ire CALIFORNIA ASSOCIATION SELLER'S ADVISORY lor or- R E A L r o k S' (CA.R.Form SA,Revised 11113) Property Address: 6036 Stafford aye,Huntington Park._CA 90058 ("Property") 1. INTRODUCTiON: Selling property in Califomia is a process that involves many steps. From start to finish. it could take anywhere from a few weeks to many months. depending upon the condition of your Property, local market conditions and other factors. You have already taken an important first step by listing your Property for sale with a licensed real estate broker. Your broker will help guide you through the process and may refer you to other professionals. as needed.This advisory addresses many things you may need to think about and do as you market your Property. Some of these things are requirements imposed upon you, either by law or by the listing or sale contract Others are simply practical matters that may arlse during the process- Please read this document carefully and,if you have any questions,ask your broker or appropriate legal or tax advisor for help. 2. DISCLOSURES: A. General Disclosure Duties: You must affirmatively disclose to the buyer, in writing, any and all known facts that materially affect the value or desirability of your Property. You must disclose these facts whether or not asked about such matters by the buyer. any broker, or anyone else This duty to disclose applies even if the buyer agrees to purchase your Property in its present condition without requiring you to make any repairs. If you do not know what or how to disclose, you should consult a real estate attorney in California of your choosing. Broker cannot advise you on the legal sufficiency of any disclosures you make. If the Property you are selling is a residence with one to four units except for Certain subdivisions. your broker also has a duty to conduct a reasonably competent and diligent visual inspection of the accessible areas and to disclose to a buyer all adverse material facts that the inspection reveals. If your broker discovers something that could indicate a problem, your broker must advise the buyer- B. Statutory Duties:(For one-to-four Residential Units): (1) You must timely prepare and deliver to the buyer, among other things. a Real Estate Transfer Disclosure Statement("TDS"), and a Natural Hazard Disclosure Statement("NHD"). You have a legal obligation to honestly and completely fill out the TDS form in its entirety. (Many local entities or organizations have their own supplement to the TDS that you may also be asked to complete.)The NHD is a statement indicating whether your Property is in certain designated flood, fire or earthquake/seismic hazard zones.Third-party professional companies can help you with this task. (2) Depending upon the age and type of construction of your Property, you may also be required to provide and, in certain cases you can receive limited legal protection by providing, the buyer with booklets entitled'The Homeowner's Guide to Earthquake Safety."'The Commercial Property Owner's Guide to Earthquake Safety.""Protect Your Family From Lead in Your Home"and "Environmental Hazards:A Guide For Homeowmers and Buyers."Some of these booklets may be packaged together for your convenience. The earthquake guides ask you to answer specific questions about your Property's structure and preparedness for an earthquake. If you are required to supply the booklet about lead,you will also be required to disclose to the buyer any known lead-based paint and lead-based paint hazards on a separate form. The environmental hazards guide informs the buyer of common environmental hazards that may be found in properties- (3) If you know that your property is: (1) located within one mile of a former military ordnance location: or(ii)in or affected by a zone or district allowing manufacturing, commercial or airport use.you must disclose this to the buyer. You are also required to make a good faith effort to obtain and deliver to the buyer a disclosure notice from the appropriate local agency(iss)about any special tax levied on your Property pursuant to the Mello-Roos Community Facilities Act. the Improvement Bond Act of 1915. and a notice conceming the contractual assessment provided by section 5898-24 of the Streets And Highways Code (collectively,'Special Tax Disclosures'). (4) If the TDS NHD, or lead. military ordnance. commercial zone or Special Tax Disclosures are provided to a buyer after you accept that buyers offer,the buyer wilt have 3 days after delivery(or 5 days if mailed)to terminate the offer. which is why it is extremely important to complete these disclosures as soon as possible There are certain exemptions from these statutory requirements: however. if you have actual knowledge of any of these items you may still be required to make a disclosure as the items can be considered material facts. C. Death and Other Disclosures: Many buyers consider death on real property to be a material fact in the purchase of property. In some situations it is advisable to disclose that a death occurred or the manner of death:however. California Civil Code Section 1710.2 provides that Ygu have ng disclosure Oulu "where the death has occurred more than three years prior to the date the transferee offers to purchase. lease. or rent the real property. or[regardless of the date of occurrence]that an occupant of that property was afflicted with. or died from. Human T-Lymphotropic Virus Type iII/Lymphadenopathy-Associated Virus." This law does not"immunize an owner or his or her agent from making an intentional misrepresentation in response to a direct inquiry from a transferee or a prospective transferee of real property, concerning deaths on the real property." D. Condominiums and Otter Common interest Subdivisions: If the Property is a Condominium.townhouse,or other property in a common interest subdivision. you must provide to the buyer copies of the governing documents. the most recent financial statements distn-buted, and other documents required by law or contract. If you do not have a current version of these documents. you can request them from the management of your homeowners association. To avoid delays, you are encouraged to obtain these documents as soon as possible even if you have not yet entered into a purchase agreement to sell your Property The Copyright laws of the United States(Title 17 U S Code)forbid the unauthorized reproduction of this form,or any portion thereof,by photocopy machine or any other means,includrg facsimile or computerized formats Copyright 0 1991-2013 CALIFORNIA ASSOCIATION OF REALTORSe INC ALL RIGHTS RESERVED Sellers initials SA REVISED 11i'i3(PAGE 1 OF 2) 1rye, .ec r. vale SELLER'S ADVISORY(SA PAGE 1 OF 2} Cmft r :1 3111Mrt H"reiegapi Are.Sd Flaw hies Ricers,CA 90*0 PMmnee (sQ-)7»93r Fax{:6:)961-3,'5 6W Staffed Are L„1Leo-e10.hkj a 043L M rAM-VFor9T3;M r4LO(p +9070 99B M10 POW =7iW M4r'.99^Z=6 rrwr ZRLMf,_= 6036 Stafford Ave Property Address Nunrin on Park CA 90058 Date September f,.2015 _ 3. CONTRACT A. Contract Terms and Conditions: A buyer may request, as part of the contract for the sale of your Property, that you pay for repairs to the Property and other items.Your decision on whether or not to comply with a buyer's requests may affect your ability to sell your Property at a specified price. B. Withholding Taxes: Under federal and California tax laws, a buyer is required to withhold a portion of the purchase price from your sale proceeds for tax purposes unless you sign an affidavit of non-foreign status and California residency or some other exemption applies and is documented. C. Prohibition Against Discrimination: Discriminatory conduct in the sale of real property against individuals belonging to legally protected classes is a violation of the law. D. Gavernment Retrofit Standards: Unless exempt you must comply with government retrofit standards. Including, but not Ilinited to. installing operable smoke detectors, bracing water heaters. and providing the buyer with corresponding written statements of compliance Some city and county governments may Impose additional retrofit standards, including, but not limited to. installing low-flow toilets and showerheads. gas shut-off valves, tempered glass. and barriers around swimming pools and spas. You should consult with the appropriate govemmental agencies, inspectors. and other professionals to determine the retrofit standards for your Property.the extent to which your Property complies with such standards,and the costs,V any.of compliance. E. EPA's LEAD-BASED PAINT RENOVATION, REPAIR AND PAINTING RULE: The new rule requires that contractors and maintenance professionals working in pre-1978 housing, child care facilitie& and schools with lead-based paint be certified: that their employees be trained: and that they follow protective work practice standards. The rule applies to renovation, repair, or painting activities affecting more than six square feet of lead-based paint in a room or more than 20 square feet of lead-based paint on the exterior Enforcement of the rule begins October 1, 2010. See the EPA website at www.spa.gov/lead for more Information. F. Legal, Tax and Other Implications: Sailing your Property may have legal, tax, insurance. titre or other Implications. You should consult an appropriate professional for advice on these matters. 4. MARKETING CONSIDERATIONS: A. Pro-Sale Considerations: You should consider doing what you can to prepare your Property for sale, such as correcting any defects or other problems. Many people are not aware of defects in or problems with their own Property- One way to make yourself aware is to obtain professional home inspections prior to sale both generally. and for wood destroying pests and organisms. such as tormites- By doing this you then have an opportunity to make repairs before your Property is offered for sale, which may enhance its marketability. Keep in mind. however-that any problems revealed by such inspection reports or repairs that have been made.whether or not disclosed in a report. should be disclosed to the buyer(see`Disdosures" in paragraph 2 above). This is true even if the buyer gets hisiher own inspections covering the same area- Obtaining inspection reports may also assist you during contract negotiations with the buyer For example. if a pest control report has both a prtmary and secondary recommendation for clearance. you may want to specify in the purchase agreement those recommendations, if any. for which you are going to pay S. Post-Sale Protections: It is often helpful to provide the buyer with, among other things. a home protectionlwarranty plan for the Property.These plans will generally cover problems. not deemed to be pre-existing,that occur after your sale is completed. In the event something does go wrong after the sale. and it is covered by the plan. the buyer may be able to resolve the concern by contacting the home protection company C. Safety Precautions:Advertising and marketing your Property for sale, including. but not limited to. holding open houses. placing a keysafellockbox, erecting FOR SALE signs. and disseminating photographs. video tapes. and virtual tours of the premises, may jeopardize your personal safety and that of your Property You are strongly encouraged to maintain insurance, and to take any and all possible precautions and safeguards to protect yourself. other occupants. visitors. your Property, and your belongings. including cash, jewelry, drugs. firearms and other valuables located on the Property. against injury. theft. loss, vandalism,damage.and other harm D. Expenses: You are advised that you. not the Broker- are responsible for the fees and costs. if any.to comply with your duties and obllgations to the buyer of your Property. 5. OTHER ITEMS. Seller has read and understands this Advisory. By signing below,Seller acknowledges receipt of a copy of this document. Seller _ Date Print Name Vernon City Seller Date Print Name Real Estate Broker Century 21 Allstars By mate ( rlt)4.urhar Swchim Address 9155 Telegraph Rd 2nd Floor City Pico Rivera State CA Zip 90660 Telephone(562)755-9387 Fax(562)381-7140 E-mail malesticbrokerl&qmad.com THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS* CAR_: NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIRC TRANSAC'nON A REAL ESTATE BROKER IS THE PERSON OUALFLED TO ADVISE ON REAL ESTATE TRANSACTIONS ;FYOU DESIRE LEGAL OR TAX AWCE CONSULT.AN APPROPRIATE PROFESSIONAL This form Is available V. use oY 7re wrUrB real ss>•dte .ndusuy t s not mbtrd m ;eenl* [he user as a REALTOR$ REALTORS is a reg[sired WWI memberstup mark +h,ch may be used am ivy members of me NATIONAL.YSSOCtATION OF REALTORS*wlw aubsabe to Its Code of EUrrcs R6+I ffm 7elrwfiaa a, REAL ESIA EBi1Sr4mIwAmcgs -Ne =3,.a a.-s Ca[e: ` Y7VlaeftnaJaacoaoa+argDLfv.SL — --- --- =S 3C-En'rr;a;�toy Aryelee 311111 3OC20 SA REVISED 11113(PAGE 2 OF 2) SELLER'S ADVISORY (SA PAGE 2 OF 2) ProdI mpForrrr$by:.IOLi).p '8070 Fften%Va Road Fuser`ficregan 48025 am SMI Aw CAL I FOP, NIA 4& ASSOCIATION ADDENDUM �� OF R E A L T O R S "' (C.A.R.Form ADM,Revised 4112) No. i The following terms and conditions are hereby incorporated in and made a part of the: Residential Purchase Agreement, Manufactured Nome Purchase Agreement. 7 Business Pun:hase Agreement Residential Lease or Month-to-Month Rental Agreement. — Vacant Land Purchase Agreement, Residential Income Property Purchase Agreement. , Commercial Property Purchase Agreement. X Other Pasldandal Listing A T!kiyenr _ dared September 1,2015 on property known as _ _ 6035 Stafford Ave IYaraa rya CA WOW — in which _ Is referred to as("Ba yerlTenant") and Vemon City is referred to as("Sellerli-andlord"). Section 7: Last sentence shall read, "Seller further agrees to indemnify,defend and hold Broker harmless from all claims. itfspgrtds, f adlorr ' nts aabrnsy fees and costs AlkhV from any incorrect irrfomration su fled by Seller as a result ofMss n%L1 e�rrce or wMd miscondwr aTW,orf m any material facts that Seller knows but fails to disclose.` The foregoing terms and conditions are hereby agreed to. and the undersigned acknowledge receipt of a copy of this document Date Date Buyer/Tenant Salle nL andlord - -- Vemon City BuyeriTenant Seller/Landlord The copyright taws of the United States iTdle 17 U_S Coder forbid the anauthoraed reprodurbon or M form or any Portion thereof by photocopy machine ar any other means. including facsimile ar computerized formats CopyraghtO 198&2012 CALIFORNIA ASSOCIATION OF REALTORS�'.INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSO (CAR). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION- A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS [F YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This form is available for use by the andre real astate industry It is not intended to jdaMify the user as a REALTORE REALTOR®is a registered colactive membership marts Much may be used only by members of the NATIONAL ASSOCIATION OF REALTORSO who subscribe to it Code of Ethics %bunw wG wed m aaUbArATE at NE9S SERVICE$.:NC ec3t.aNr;tf»r C*+>u+ra;swcgoon J`F 4EAL:FRS! � c =V5 20t Ylrvu Averse Las PnOeas.=ate 90020 aeweued trf Dale ADM REVISED 4112(PAGE 1 OF 1) ,.,, �•-H, ADDENDUM(ADM PAGE 1 OF 1) Cmotrr A mbra wil"TJgrapi Spa•mod FIam Pie*Rhwa,C'3 MW Nom,[--W 75XLW Fa, f2st)9W-F'# 5L%6 3mffard.lrn CAL 1 F €] R I A DISCLOSURE REGARDING 44 A S S OC >I A T t 0 N READ_. ESTATE AGENCY RELATIONSHIP or-F P-F A L T C ar iL 5 ' (Us"Finn to Seller) tAs required by the Civil Code) (CAR.Font AD,Revised 17J14) (If checked) This form is being provided in connection with a transaction for a leasehold interest exceeding one year as per Civil Code section 2079 13(k)and(1) When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent in the transaction SELLER'S AGENT A Seller's agent under a listing agreement with the Seller acts as the agent for the Seller only A Seller's agent or a subagent of that agent has the foilowing affirmative obligations To the Seller A nduciary duty of utmost care,integrity_honesty and loyalty in dealings with the Seller To the Buyer and the Seller (a) Diligent exercise of reasonable skill and care in performance of the agents duties. (b) A duty of honest and fair dealing and good faith (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to or within the diligent attention and observation of, the parties An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above BUYER'S AGENT A selling agent can, with a Buyer's consent agree to act as agent for the Buyer only In these situations, the agent is not the Seller's agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller An agent acting only for a Buyer has the following affirmative obligations To the Buyer A fiduciary duty of utmost care integrity honesty and loyalty in dealings with the Buyer_ To the Buyer and the Seller (a) Diligent exercise of reasonable skill and care m performance of the agent's dudes (b) A duty of honest and fair dealing and good faith (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to or within the diligent attention and observation of,the parties An agent is not obligated to reveal to either party any confidential information obtained from the other parry that does not involve the affirmative duties set forth above AGENT REPRESENTING BOTH SELLER AND BUYER A real estate agent either acting directly or through one or more associate licensees.can legally be the agent of both the Seller and the Buyer In a transactson.but only with the knowledge and consent of both the Seller and the Buyer. In a dual agency situation,the agent has the following affirmative obligations to both the Seller and the Buyer- (a) A fiduciary duty of utmost Care,integrity Honesty and loyalty m the dealings with erther the Seller or the Buyer (b) Other duties to the Seller and the Buyer as stated above n their respective sections In representing both Seller and Buyer the agent may not %vithout tie express permission of the respective party disclose to the other parry that the Seiler will accept a price less than the listing price or that the Buyer will pay a price greater than the price offered_ The above duties of the agent In a real estate transaction do not relieve a Seiler or Buyer from the responsibility to protect his or her own interests You should carefully read all agreements to assure that they adequately express your understanding of the transaction A real estate agent is a person qualified to advise about real estate If legal or tax advice is desired consuft a competent professional_ Throughout your real property transaction you may receive more than one disclosure form_depending upon the number of agents assisting In the transaction The law requires each agent with whom you have more than a casual reiabonshrp to present you with this disclosure form_You should read its contents each time it is presented to you, considenng the relationship between you and the real estate agent in your specific transaction_ This disclosure fonn includes the provisions of Sections 2079.13 to 2079.24,inclusive,of the Civil Code set forth on page 2. Read it carefully. iMi'E ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE AND THE PORTIONS OF THE CIViL CODE PRINTED ON THE BACK(OR A SEPARATE PAGE). ❑ Buyer X Seller f Landlord El Tenant Date Vemor erry Buyer —Seger Landlord❑ Tenant Date Agent Century 21 Alisrars GRE Qc =01220965 Real share Breuer'Fm Dy BRE L:c r 01226461 Date ?SaAsperscn or 9n k9r,Aswcat$i LardwSanch" Agency Disclosure Compliance(Civil Code§2079 74) • When the listing brokerage company also represents Buyer,'Tenant The Listing Agent shall have one AD font signed by Seller/Landlord and a different AD form signed by BuyerlTenant . When SelledLandlord and Buyer/Tenant are represented by different brokerage companies (i)the Listing Agent shall have one AD font signed by Seller/Landlord and (n) the Buyer&Tenants Agent shall have one AD form signed by Buye,'Tenant and either that same or a different AD form presented to Sellerrl-andlord for signature prior to presentation of the offer If the same form is used Seller may sign here_ (SELLERlLANDLORD:DO NOT SICK!H R ) _- ISEi1ERlLANDLORD:DO NOT SIGN HERt) Selerrt and!ord Selter-Lan6ord Date -lie copyrgttt laws of the United Saes(True 17 U S_Code)forbid ttie unautrlor¢ed reproduWon of this rbrrn.or arry portion thereof.by photocopy maoine or any other means including facsimile or mmputer¢ed formats Copyrignt D 1491-2010 CALIFOrL`I A ASSCCiATION OF REALTORSO iNC R ey,ed h_v Date ALL R)GHTS RESERVED AD REVISED 12/i4(PAGE 1 OF 2) ' DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP(AD PAGE 1 OF 2) Cau[ ?_I A8uwL 91i3 T0kVipb AtiT._ad Flom Pin Rirrri C-JL 98M Phase(4612)*:_93R1 Fax-(5611)BiLLR73 am sufford Are Lather S..h. PrO0uc9d AqM mpFamrf by=LoW 18070 Fifteen We Road Fraser YlKnigm 48026 M MLcaa_= CIVIL CODE SECTIONS 20792412079.16 APPEARS ON THE FRONT) 2079.13 Its used in Sections 2079 14 to 2079 24,rinctusive the k4owing terms have the following meanings (a)`Agent'means a person acting under provisions of ride 9(conunencmg with Section 2295)in a real property transaction.and indudes a person who is licensed as a real estate broker under Chapter 3!commenting with Section 10130)of Part 1 of Division 4 of the Business and Professions Code and under whose license a fisting is executed or an offer to purchase Ls obtained (b) 'Associate licensee'means a person who rs licensed as a real estate broker or salesperson under Chapter 3(commencing with Section 10130)of Part 1 of Division 4 of the Business and Professions Code and who is either licensed tinder a broker or has entered into a written contract with a broker to act as the brokers agent in cnrxnection with acts requiring;a real estate license and to furction under the brokers supervision in the capacity of an assdxaate licensee The agent in the real property transaction bears responsdxlitgty for his or her associate licensees who perform as agents at tie agent When an associate licensee owes a duty to any principal,or to any buyer or seller who is not a principal in a real property transaction,that duty is equivalent to the duty owed to that party by the broker for whom the associate licensee functions (t)`Buyer'means a transferee in a real properly transaction,and includes a person who executes an offer to purchase real property from a seller through an agent. or who seeks the services of an agent to more than a casual transitory or preliminary manner. with the object of entering into a real properly transaction. 'Buyee includes vendee or tessee (d) 'Commercial real property' means all real pmpeny in the state except sage-family resoential real property,dwelfxtg units made sttrject to Chapter 2(commencing with Section 1940)of Title 5 mcbrlehomes,as defined in Section 798 3 or recreational vehicles as deftned in Section 79929 (a)`Dual agent'means an agent acbng.eraser directly or through an associate licensee.as agent for bath the seller and the buyer in a real property transaaron_(f) Listing aggreemenr means a contract between an owner of real property and art agent,by which the agent has been authorized to sell the real property or to find or obtain a buyer (g)Irsung agent'means a person who has obtained a listing of real property to act as an agent far compensation (h)-Listing price'is the amount expressed in dagars specified in cite listing for which the seller is willing to sell Hoe real property through the fisting agent()'Offering price`is the amount expressed in doflars specified in an offer to purchase for which the buyer is wiring to bury the real property (j)`Offer to purchase'means a written contract executed by a buyer acting through a selling agent that becomes the contract for the sate of the real property upon acceptance by the seller (k)'Real property means any estate specified by stbdiviscri 11)or(2)of Section 761 in property chat constitutes or is improved wrth one to four dwelling units any Commercial real property any leasehold in these types of properly exceeding one years duration.and mob4ehames when offered for sale or sold through an agent pursuant to the authorty contained in Section 10131.6 of the Business and Professions Code 0)'Real property transaction'means a transaction for the sale of real property in Ouch an agent is employed by one or more of the principals to act in that transaction and includes a listing or an offer to purchase.(m)'Sell'`safe_-or'soW refers to a transaction for the transfer of real property from the seller to the buyer and includes exchanges of real property between the segiar and buyer transactions for the creation of a real property sales contract within the meaning of Sechor•t 2985.and transactions for the creation of a leasehold exceedatg one vear's duration (n)-Seder'means the transferor in a real property transachoin and utcfucles an owner who fists real property with an agent whether or not a transfer results or who receives an offer to purchase real property of which he or she is the owner from an agent on behalf of another Seller`includes both a vendor and a lessor (o)'Selling agent"means a listing agent who acts atone.or an agent who acts in cooperation with a listing agent and wino sells or funds and obtains a buyer for the real property or an agent who locates property for a buyer or who finds a buyer for a property for which no fisting exists and presents an offer to purchase to the seller (p)-Subagent'means a person to whom an agent delegates agency powers as provided in Article 5(commencing with Section 2349)of Chapter 1 of Title 9 However 'subagent°does not include an associate licensee who is acting under the supervision of an agent in a rem property transaction 2079.14 Listing agents and selling agents shall provide the seller and buyer in a real property transaction wrth a copy of the disclosure form specified in Section 2079 16 and except as provided in subdivision(c)- shall obtain a signed adarawledgemerit of receipt from that seller or buyer except as provided in this section or Section 2079 15 as follows.(a)The listing agent if any shall provide the disclosure fortm to the seller prior to entering into the fisting agreement(6)The selling agent snail provide the disclosure form m the seller as soon as practicable prior to presenting the seller with an offer to purchase unless the selling agent previously provided the seller with a copy of the disclosure form pursuant to subdivision(ay.(c)Where the selling agent does not deal on a Faceaaface basis with the seller the disclosure form prepared by the selfing agent may be furnished m the seller(and acknowledgement of receipt obtained for the selling agent from the seller)by the listing agerrt or the selling agent may deliver the disdoswe form by certified mad addressed to the Seller at his or her last known address in which tie no signed adonaadedgement of receipt is regwred (d)The sellng agent shall provide the de,closure form to tie buyer as soon as practicable pnor to execroon of the buyers offer to purchase_except that if the offer to purchase is not prepared by the selling agent the smog agent shalt present the disclosure form to the buyer not later than the next business day after the selling agent receives the offer to purchase from the buyer 2079.15 In arry circumstance in which the seller or buyer refuses to sign an acknowledgement of receipt pursuant to Sectoin 2079 14 the agent or an associate licensee acting for an agent shall set forth.sign,and date a written declaration of the facts of the refusal 2079.16 Reproduced on Page 1 of this AD form 2079.17(a)As soon as practicable,the seifung agent Shad disclose to the buyer and seler whether the selling agent s acting in the real property transaction exckmvely as the buyer's agent exticr gvely as the sellers agent, or as a dual agent representing both the buyer and the seller Thrs relabonshrlt shall be confirmed;n the contract to purchase and sell real property on in a separate wntrig executed or acknowledged by the seller the buyer and the selling agent prior M or coincident with execution of that contract by the buyer aria the seller.respecbvey (6)As Soon as practicable the listing agent shot disclose m the seller whether the ksting agent is acting in the real property transaction exclusively as the setlees agent or as a dual agent representing both the bwer and seller This relattmship shag be confirmed In the contrail to purchase and sell real property or in a separate writing executed or ackno vle aged by the seller and the listing agent prior to or coincident with the execution of that contract by the seller (a) The confirmation required by subdivisions(a)and b)shall be in the following form DO NOT COMPLETE SAMPLE ONLY) is the agent of(check one)-i the seller exclusively or=both the buyer and seller (Name of Listing Agent) iDO NOT COMPLETE_SAMPLE ONLY) is the agent of(check one)-the buyer excJrsrvely-or=the seller exclusively or (Name of Selling Agent if not the same as the Listing Agent) =both the buyer and seller- (d) The disclosures and confirmabon required by this section shag be in addition to the disclosure required by Section 2079 14 2079.18 No seling agent in a real property rarisactiort may act as an agent for the buyer only,when the selkig agent is also acting as the listing agent rn the bansachan 2079.19 The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer s not necessarily determinative of a particular agency relationship bebveen an agent and die seller or buyer A listing agent and a selling agent may agree to share any compensation or commission paid, or any nght to any compensation or commission for which an obligation arises as the result of a real estate transaction and the terms of any such agreement shall not necessarily be determinatrve of a particular relationship 2079,20 Nothing in this article prevents an agent from selecting,as a condition of the agent's employment,a specific form of agency relatronship not specfcagy prohibited by this article if the requaements of Section 20T9 14 and Section 2079 17 are complied with. 20T9.21 A dual agent shall not disclose w the buyer that the serer is willing to sell the property at a price less than the listing price mahout the express written consent of the Seger A dual agent shall not drsdose to the seller that the buyer is wiling to pay a price greater than the offering price_without the express written Consent of the buyer.This section does not alter in any way the duty or responsrlorhty,of a dual agent to any principal with respect to confidential information other than price 2079-22 Nothing in this article precludes a listing agent from also being a selling agent_and the combination of dhese functions in one agent does not of itself, make that agent a dual agent 2079.23 A contract between the principal and agent may be modified or altered to change die agency relationship at any time before the performance of the act which is the object of the agency with the written consent of the parties to the agency relationship_ 2079.24 Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees subagents, and employees or to relieve agents and their associate licensees subagents and employees from Liability for their conduct in connection with acts governed by this article or for any breach of a fiduchary duty or a duty of disclosure PIir51 E 8AG 361rGi�ld 5r - -- RE,',t T7,xt1E BU91NE39 9ERYIGEB NC 3,A.aS7t'6.;ar:��a,-y'+1+s As;:C1C e" r'temwed by OateU: i i25 L&S fng.wc 'aM&W.pt,0211 AD REVIS@D 12f14 iPAGM 2 OF 2) DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP(AD PAGE 2 OF 2) a'OrSrm CAM_6Fw94 4}:J ->M7 '3070=11Lh'l.:fe gC69 =3.3' L&�=i a16 i[aifford Oro CAL II FOR N1 .% A s Soc I t T TON+ POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER 0 F SIL e A L TO K a • OR SELLER - DISCLOSURE AND CONSENT (CA.R Farm MIMS,11114) A real estate broker(Broker), whether a corporation, partnership or sole proprietorship, may represent more than one buyer or seller. This multiple representation can occur through an individual licensed as a broker or salesperson or through different individual broker's or salespersons (associate licensees) acting under the Brokers license. The associate licensees may be working out of the same or different office locations. Multiple Buyers: Broker(individually or through its associate licensees) may be working with many prospective buyers at the same time. These prospective buyers may have an interest in, and make offers on, the same properties. Some of these properties may be listed with Broker and some may not. Broker will not limit or restrict any particular buyer from making an offer on any particular property whether or not Broker represents other buyers interested in the same property. Multiple Sellers: Broker(individually or through its associate licensees) may have listings on many properties at the same time. As a result, Broker will attempt to find buyers for each of those listed properties_ Some listed properties may appeal to the same prospective buyers. Some properties may attract more prospective buyers than others. Some of these prospective buyers may be represented by Broker and some may not. Broker will market all listed properties to all prospective buyers whether or not Broker has another or other listed properties that may appeal to the same prospective buyers. Dual Agency: If Seller is represented by Broker, Seller acknowledges that broker may represent prospective buyers of Seller's property and consents to Broker acting as a dual agent for both seller and buyer in that transaction_ If Buyer is represented by Broker buyer acknowledges that Broker may represent sellers of property that Buyer is interested in acquiring and consents to Broker acting as a dual agent for both buyer and seller with regard to that property. In the event of dual agency, seller and buyer agree that: (a) Broker, without the prior written consent of the Buyer, will not disclose to seller that the Buyer is willing to pay a price greater than the offered price: (b) Broker.without the prior written consent of the seller, will not disclose to the buyer that seller is willing to sell property at a price less than the listing price; and (c)other than as set forth in (a) and (b)above. a dual agent is obligated to disclose known facts materially affecting the value or desirability of the property to both parties. Offers not necessarily confidential: Buyer is advised that seller or listing agent may disclose the existence. terms, or conditions of buyers offer unless all patties and their agent have signed a written confidentiality agreement. Whether any such information is actually disclosed depends on many factors, such as current market conditions, the prevailing practice in the real estate community, the listing agent's marketing strategy and the instructions of the seller. Buyer and seller understand that Broker may represent more than one buyer or more than one seller and even both buyer and seller on the same transaction and consents to such relationships. Seller and/or Buyer acknowledges reading and understanding this Possible Representation of More Than One Buyer or Seller-Disclosure and Consent and agrees to the agency possibilities disclosed. Seiler Vernon City Date Seller Date Buyer _ _ Date Buyer Date Real Estate Broker(Firm) Century 11 Allstars CaIBRE Lic#01280965 Date By CaIBRE Lie# 01226461 Date Luther Sanchez Real Estate Broker(Firm)_ CalBRE Lie# Date By CaIBRE Lie# Date 9 2014.California Association or REALTORSO Inc United States copyright taw(TMe 17 U.S Code Mids the unauthonzed d=bMn di5ptay and mprodumon of rn form or any portion thereof.Dv phdtompy machine or any other means uttluding!acsimue or computeued formats THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSS(CAR t.NO REPRESENTATION OS FAADE AS TO THE LEGAL VAL)DrTY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUAUFIED TO ADVISE ON REAL ESTATE TRANSACTIONS SF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL_ This fore is mace avaitme to real estate professmals ttuotigh an agreement wh or purchase frost/the Caufamia Association of REALTORSO it is not intended to identity the user as a REALTORO REALTCRa is a registered cokctive memoershlp mark wncn may be used only by members of the NATIONAL 4S.SSOCIATICN CF REALTORS6 who subscribe to Rs Code of Ethics. Z,ohsra ann DNMD W by ES—A'=HuSWESS SERVr-El rNC - =-ir1 ar i7m C.a'Apr-ka Asaacavo r ar RFALTQ R50 ;at'MIB.:AS A[Ig! Califomo 2003^_ PRBS 11114(PAGE 1 OF 1) Reviewed by Date_ Y 4 POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER OR SELLER(PROS PAGE 1 OF 1) II Utnn.91H TekSraA ve_NA nwrPke Risen.C a 96W Prone:(W)T33-nr7 Fate:155:1 353-32-5 HIM svGerd kre Famrha Proaucea with epFornW by zipLopiz IN70 Fifteen Mile Road.Fraser.Mchigan 48026 +rew.2idLorDt[.txrn C A L I E O R N I A REPRESENTATIVE CAPACITY SIGNATURE DISCLOSURE 4& ASSOCIATION (C.A.R.Form RCSD,Revised 11114) I*wif OF R. EALTORS * This form is not an assignment.It should not be used to add new parties after a contract has been formed. This is a disclosure to the Residential Purchase Agreement, ;�Residential Listing Agreement T Other —("Agreement'). dated 09r01,1015 or the property known as 6036 Stafford Arne ("Property"), between ('Buyer', IX' Broker) and — - hl�rnon Cie — -('Seller'). 9. A. ESTATE:(1)Seller is an estate, conservatorship,or J guardianship identified by Superior Court Case name as -- _, _ Case (2) The person(s) signing below is/are court approved representatives (whether designated as Sale or Co-Executor.Administrator, Conservator, Guardian)of the entity described in paragraph 1Al. B. TRUST: (1)The Property C assets used to acquireAease the Property) is held in trust pursuant to a trust document dated ,titled (2)The persons)signing below is/are Soie[Cn/Rumessor Tri,Stee(s)of the Trust- C. POWEROFATTORNEY: Seller -Buyer __Other. —_ ("Principal') has authorized the persons)signing below{'Alltomey-an-Face- -Power of Attomey' or 4POA"1 to act on Ns,her behalf pursuant to a General Power of A#t mey C Specific Power of Attorney for the Property), dated . This farm Is not a Power of Attorney.A Power of Manny must have 3Irf►ariy been extorted befom thin fe:m N Uq"A D. ENTITY Seller i Buyer. Other. is a Corporation, _ Limited Liability Company, Partnership which has authorized the officer(s), managing member(s)or partner(sLsigning below to act on its behalf- An authorizing resolution of,he applicable body of the entity described above—1 is _is not attached. 2. The Party acting in a representative capacity represents that the entity for which that Party is acting already exists. Representative Party: Entity Name (If POA, Sign Principal's Name) By (Representative Signature ) _ Print Title: _ (Print Representative Name) Date: Entity Name (If POA, Sign Principal's Name) By (Representative Signature) _ Print Title: _ (Print Representative Name) _ _ Date: Acknowledgement of Receipt By Other Party: Seller Buyer X Other: Broker (Signature) _ Date: (Print Name) _ (Signature) Date: (Print Name) - mu CariForma,Association of REALTORSo Inc Unfteo Sites[opyngt%law Ciffik 17 U-S-Codel f ModS Me unaulMnZed&9nbuban-d5Py Md[e =UChnn o1 UMS"m- or arty portion thereof by photocopy macnute or any other means,rcrauding racsrm,le or computerized formats THIS FORt.1 HAS BEEN APPROVED 3Y THE CAUFCRNtA ASSOCIATION OF REAL*ORS8(CAR-) NO REPRESENTATION IS MADE AS TO THE LEGAL VAUDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON OUAUFIED TO ACVISE ON REAL ESTATE TRANSACTIONS-IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL. Published and bY BUSINESS REAL ESTATE BUSINESS SER'JtCES INC U. a su&-.I&ary of me Cafirom,e Assoctaoan or REALTORSS 525 South viirgd Avenue Los AngeleS Caidomla W020 , Reviewed by Data '� RCSD REVISED 11114(PAGE 1 Of 1) _ _ "- `" REPRESENTATIVE CAPACITY SIGNATURE DISCLOSURE(RCSD PAGE 4 OF i) Ctrorn�iiB�L9te;Tkwl'lilt-%sr.:uuladePu*8h &C3lf1M Pb2dw-4014W A%sughtl3tr Lb1Ye 5uehxx ='Cdut%d 7 �'� Lo9D %DTD F:teft 4Wf Ftm5 17 E6 W 4M r'+L;a6iQ =2- C A L I F 0 R N IA AS Sot- r n t ION RESIDENTIAL LISTING AGREEMENT RE it I t"yt 1% a (Exclusive Authorization and Right to Sell) (C.A FL Form RLA.Revised 11113) 1. EXCLUSIVE RIGHT TO SELL: Vernon Ciry ('Seller') hereby employs and grants C6rrtury 21 AFlsiars (-Broker) beginning(date) Slap amber r,2015 and ending at 11:59 P.M.on (date) December 31, 2015 r-List:rng Period-) the exclusive and Irravocabla rlgrit to sari or exchange the real property in the City of Huntington Park County of Los Angeles .Assessor's Parcel No. _ 6320010271 Califomia.described as: W42 Stafford Ave ('Property)- 2, ITEMS EXCLUDED AND INCLUDED: Unless otherwise specified in a real estate purchase agreement. all factures and fittings that are attached to the Property are included.and personal property items are excluded.from the purchase price. ADDITIONAL ITEMS EXCLUDED: _ ADDITIONAL ITEMS INCLUDED: Seiler intends that the above items be excluded or included in offering the Property for sale. but understands that: (i)the purchase agreement supersedes any intention expressed above and will ultimately determine which items are excluded and included in the sale: and(5)Broker is not responsible for and does not guarantee that the above exclusions andlor inclusions will be in the purchase agreement. 3. LISTING PRICE AND TERMS: A. The listing price shall be:Three Hundred Ninety-Eight Thousand Dollars($398,000.00 ). B. Additional Terms: 4. COMPENSATION TO BROKER: Notice: The amount or rate of real estate commissions Is not fixed by law. They are set by each Broker Individually and may be negotiable between Seller and Broker (real estate commissions include all compensation and fees to Broker). A. Seller agrees to pay to Broker as compensation for services irrespective of agency relationships). either X 5.000 percent of the listing price (or if a purchase agreement is entered into. of the purchase price), or S A40 OR 4%ff dual a2arrr pur'suan r to sec rion 9(Q as follows: (1) If during the Listing Period. or any extension. Broker. cooperating broker. Seller or any other person procures a ready. willing. and able buyer(s) whose offer to purchase the Property on any price and terms is accepted by Seller- provided the Buyer completes the transaction or is prevented from doing so by Seller. (Broker is entitled to compensation whether any escrow resulting from such offer closes during or after the expiration of the Listing Period,or any extension-) OR(2)Kwithin 30 calendar days(a) after the and of the Listing Period or any extension. or(b) after any cancellation of this Agreement. unless otherwise agreed, Seiler enters into a contract to sell. convey, lease or otherwise transfer the Property to anyone("Prospective Buyer') or that person's related entity: (1)who physically entered and was shown the Property during the listing Period or any extension by Broker or a cooperating broker: or (ii) for whom Broker or any cooperating broker submitted to Seller a signed.written offer to acquire. lease, exchange or obtain an option on the Property_ Seller. however. shall have no obligation to Broker under paragraph 4A(2)unless. not later than 3 calendar days after the end of the Listing Period or any extension or cancellation. Broker has given Seller a written notice of the names of such Prospective Buyers. OR(3) , B. If completion of the sale is prevented by a party to the transaction other than Seller,then compensation due under paragraph 4A shall be payable only if and when Seller collects damages by suit. arbitration. settlement or otherwise, and then in an amount equal to the lesser of one-half of the damages recovered or the above compensation. after first deducting title and escrow expenses and the expenses of collection.if any C. In addition. Seller agrees to pay Broker. D. Seller has been advised of Broker's policy regarding cooperation with.and the amount of compensation offered to.other brokers. (1) Broker is authorized to cooperate with and compensate brokers participating through the multiple listing service(s) ("MLS")by offering to MLS brokers out of Broker's compensation specified in 4A.either X 2.500 percent of the purchase price.or S (2) Broker is authorized to cooperate with and compensate brokers operating outside the MLS as Per Broker's policy E. F. (1) Seller represents that Seller has not previously entered Into a listing agreement with another broker regarding the Property. unless specified as follows: (2) Seller warrants that Sstler has no obligation to pay compensation to any other broker regarding the Property unless the Property is transferred to any of the following individuals or entities: (3) If the Property is sold to anyone listed above during the time Seller is obligated to compensate another broker. (i) Broker is not entitled to compensation under this Agreement:and(ii)Broker is not obligated to represent Seller in such transaction. 9 2013 Caiifomia Association of REALTORS6 Inc Seller's Inmals i 1 J 1 RLA REVISED 11113(PAGE 1 OF 5) 12t RE31DENTIAL LiSTIN.O. A0KRISMIENT.ESXCLLJS_IVR(RLA PAGIL1 CP 5) Gran :1�svn 9155 Tde;raph do-:a4 Mar No Rivem CA 996W -. .- Pho w(S6:)15S-9397 Fax OC1 kU J:"5 664:SMffad ATE Lader Smdki2 _ PrGdWM WIM MFOMS by Mega 18070 F w We Road F'aser Me'nwiam 49026 '.tint ML2aV= 6042 Stafforaf Ave Property Address:Huntington Park,CA 90255 __ Date: September 1, 2015 5. MULTIPLE LISTING SERVICE: A. Broker is a participant(subscriber to Multiple Listing Service (MLS)and possibly others. Unless otherwise instructed in writing the Property will be listed with the MLS(s)specified above. That MLS is (or if checked _is not)the primary MLS for the geographic area of the Property.All terms of the transaction, including sales price and financing, if applicable. (i) will be provided to the MLS in which the property is listed for publication. dissemination and use by persons and entities on terms approved by the MLS and(II)may be provided to the MLS even if the Property is not listed with the MLS. BENEFITS OF USING THE MLS;IMPACT OF OPTING OUT Of THE MLS;PRESENTING ALL OFFERS WHAT IS AN MLS? The MLS is a database of properties for sale that is available and disseminated to and accessible by all other real estate agents who are participants or subscribers to the MLS. Property Information submitted to the MLS describes the price, terms and conditions under which the Sellers property is offered for sale (including but not limited to the listing broker's offer of compensation to other brokers). It is likely that a significant number of real estate practitioners in any given area are participants or subscribers to the MLS. The MLS may also be part of a reciprocal agreement to which other multiple listing services belong. Real estate agents belonging to other multiple listing services that have reciprocal agreements with the MLS also have access to the information submitted to the MLS.The MLS may further transmit the MLS database to Internet sites that post property listings online. EXPOSURE TO BUYERS THROUGH MLS: Listing property with an MLS exposes a seller's property to all real estate agents and brokers(and their potential buyer clients)who are participants or subscribers to the MLS or a reciprocating MLS_ CLOSEDiPRIVATE LISTING CLUBS OR GROUPS: Closed or private listing clubs or groups are not the same as the MLS. The MLS referred to above is accessible to all eligible real estate licensees and provides broad exposure for a listed property. Private or dosed listing clubs or groups of licensees may have been formed outside the MLS. Private or dosed listing dubs or groups are accessible to a more limited number of licensees and generally offer less exposure for listed property. Whether listing property through a closed. private network - and excluding it from the MLS -is advantageous or disadvantageous to a seller, and why, should be discussed with the agent taking the Seller's listing, fl NOT LISTING PROPERTY IN A LOCAL MLS: If the Property is fisted in an MLS which does not cover the geographic area where the Property is located then real estate agents and brokers working that territory. and Buyers they represent looking for property in the neighborhood,may not be aware the Property is for sale. OPTING OUT OF MLS: If Seiler elects to exclude the Property from the MLS. Seller understands and acknowledges that (a) real estate agents and brokers from other real estate offices. and their buyer clients.who have access to that MLS may not be aware that Seller's Property is offered for sale: (b) Information about Sellers property will not be transmitted to various real estate Internet sites that are used by the public to search for property listings: (c) real estate agents. brokers and members of the public may be unaware of the terms and conditions under which Seller is marketing the Property. REDUCTION IN EXPOSURE: Any reduction in exposure of the Property may lower the number of offers and negatively impact the sales price. PRESENTING ALL OFFERS: Seller understands that Broker must present all offers received for Seller's Property unless Seller gives Broker written instructions to the contrary. Sellars Inignia _ Brokers Initials 1 I B. MILS rules generally prnvida that res dantial real property and vacant lot listings be submitted to the MLS within 2 d or some other period of time after all necessary signatures have been obtained on the listing agreement. Broker will not have to submit this listing to the MLS if. within that time. Broker submits to the MLS a form signed by Seller(CAR. Form SELM or the local equivalent form). C. MLS rules allow MLS data to be made available by the MLS to additional Internet sites unless Broker gives the MLS instructions to the contrary. Seller acknowedges that for any of the below opt-out instructions to be effective. Seller must make them on a separate instruction to Broker signed by Seller (CAR. Form SEU or the local equivalent form). Specific information that can be excluded from the Internet as permitted by(or in accordance with)the MLS is as follows: (1) Property Avallablllty: Seller can Instruct Broker to have the MLS not display the Property an the Internet. (2) Property Address:Seller can Instruct Broker to have the MLS not display the Property address on the Internet. Seller understands that the above opt-outs would mean consumers searching for listings on the Internet may not see the Property or Property's address in response to their search. (3) Feature Opt-Outs: Seller can Instruct Broker to advise the MLS that Seller does not want visitors to MLS Participant or Subscriber Websites or Electronic Displays that display the Property listing to have the features below. Seller understands (i) that these opt-outs apply only to Websttes or Electronic Displays of MLS Participants and Subscribers who are real estate broker and agent members of the MLS: (ii) that other Internet sites may or may not have the features set forth herein; and (Ili) that neither Broker nor the MLS may have the ability to control or block such features an other Internet sites. (a) Comments And Reviews: The ability to write comments or reviews about the Property on those sites: or the ability to link to another site containing such comments or reviews if the link is in immediate conjunction with the Property. (b)Automated Estimate Of Value: The ability to create an automated estimate of value or to link to another site containing such an estimate of value if the link is in immediate conjunction with the Property. w Seller's IntaB RLA REVISED 11113(PAGE 2 Of 5) RESIDENTIAL LISTING AGREEMENT-EXCLUSIVE(RLA PAGE 2 OF 5) Producad m1n zipFarmt ap spLDW 18070 F-lbw%le Read Fraser%1LCNg2n 4=13 ;amv aoLcaxr.am 56�:icagard.4rr 6042 Stafford Ave Property Address:PurrJn ron Park. CA 90255 Date:September 1,2015 G. SELLER REPAKSENTATiGNS: Seller represents that. uMass other-se Specified in writing. Seller is unaware of (1)any Notice of Default recorded against the Property: (ii)any delinquent amounts due under any loan secured by. or other obligation affecting,the Property; (iii) any bankruptcy. insolvency or similar proceeding affecting the Property: (iv) any litigation. arbitration, administrative action, government investigation or other pending or threatened action that affects or may affect the Property or Sellers ability to transfer it; and (v)any current, pending or proposed special assessments affecting the Property. Seller shall promptly notify Broker in writing if Seller becomes aware of any of these items during the Listing Period or any extension thereof. 7. BROKER'S AND SELLER'S DUTIES: (a) Broker agrees to exercise reasonable effort and due diligence to achieve the purposes of this Agreement. unless Seller gives Broker written instructions to the contrary. Broker is authorized to (1) order reports and disclosures as necessary. (ii) advertise and market the Property by any method and in any medium selected by Broker including MLS and the Internet, and, to the extent permitted by these media, control the dissemination of the Information submitted to any medium;and(iii)disclose to any real estate licensee making an inquiry the receipt of any offers on the Property and the offering price of such offers. (b)Seiler agrees to consider offers presented by Broker. and to act in good faith to accomplish the sale of the Property by among other things, making the Property available for showing at reasonable times and, subject to paragraph 4F, referring to Broker all inquiries of any party interested in the Property Seller is responsible for determining at what price to list and sell the Property. Sailer further agrees to indemnify, defend and hold Broker harmless from all claims disputes, litigation. judgments attorney fees and costs arising from any incorrect information supplied by Seiler. or from any material facts that Seller knows but fails to disclose. 8. DEPOSIT: Broker is authorized to accept and hold on Sellers behalf any deposits to be applied toward the purchase price. 9. AGENCY RELATIONSHIPS: A. Disclosure: {f the Property includes residential property with one-to-four dwelling units. Seller shall receive a "Disclosure Regarding Agency Relationships"(CA.R. Form AD)prior to entering into this Agreement. S. Seller Representation: Broker shall represent Seller in any resulting transaction, except as specified in paragraph 4F. C. Possible Dual Agency With Buyer: Depending upon the circumstances. it may be necessary or appropriate for Broker to act as an agent for both Seiler and buyer exchange party. or one or more additional parties ('Buyer'). Broker shall, as soon as practicable. disclose to Seiler any election to act as a dual agent representing both Seller and Buyer. If a Buyer is procured directly by Broker or an associate-licensee in Broker's firm, Seller hereby consents to Broker acting as a dual agent for Seller and Buyer. In the event of an exchange, Seller hereby consents to Broker collecting compensation from additional parties for services rendered. provided there is disclosure to all parties of such agency and compensation. Seller understands and agrees that: (i) Broker without the prior written consent of Seller,will not disclose to Buyer that Seller is willing to sell the Property at a price less than the listing price: fii) Broker. without the prior written consent of Buyer.will not disclose to Seller that Buyer is willing to pay a price greater than the offered price; and (iii") except for (i) and (ii) above, a dual agent is obligated to disclose known facts materially affecting the value or desirability of the Property to both parties. D. Other Sellers: Seller understands that Broker may have or obtain listings on other properties, and that potential buyers may consider, make offers on, or purchase through Broker, property the same as or similar to Sellers Property. Seller consents to Brokers representation of sellers and buyers of other properties before.during and after the end of this Agreement. E. Confirmation: If the Property includes residential property with one-to-four dwelling units. Broker shall confirm the agency relationship described above.or as modified,in writing,prior to or concurrent with Sellers execution of a purchase agreement. 10.SECURITY AND INSURANCE: Broker is not responsible for lass of or damage to personal or real property, or person, whether attributable to use of a keysafe/loclthox, a showing of the Property. or otherwise.Third parties. inducting, but not limited to,appraisers. inspectors. brokers and prospective buyers, may have access to. and take videos and photographs of,the interior of the Property. Seiler agrees: (i)to take reasonable precautions to safeguard and protect valuables that might be accessible during showings of the Property;and(ii)to obtain insurance to protect against these risks. Broker does not maintain insurance to protect Selter. 11.PHOTOGRAPHS AND INTERNETADVERTISING: A. In order to effectively market the Property for sale it is often necessary to provide photographs. virtual tours and other media to buyers.Seller agrees(or _If checked, does not agree)that Broker may photograph or otherwise electronically capture images of the exterior and interior of the Property ("Images") for static and/or virtual tours of the Property by buyers and others on Brokers website.the NILS. and other marketing sites. Seller acknowledges that once Images are placed on the Internet neither Broker nor Seller has control over who can view such Images and what use viewers may make of the Images, or how long such Images may remain available on the Internet. Seller further agrees that such images are the property of Broker and that Broker may use such Images for advertisement of Brokers business in the future- B. Seller acknowledges that prospective buyers and/or other persons coming onto the property may take photographs. videos or other images of the property. Seiler understands that Broker does not have the ability to control or block the taking and use of Images by any such persons. (If checked) Seller instructs Broker to publish in the MLS that taking of Images is limited to those persons preparing Appraisal or Inspection reports. Seiler acknowledges that unauthorized persons may take images who do not have access to or have not read any limiting instruction in the MLS or who take images regardless of any limiting instruction in the NILS. Once images are taken and/or put into electronic display or.the Internet or otherwise. neither Broker nor Seller has control over who views such Images nor what use viewers may make of the Images. 12.KEYSAIFEILOCKBOX: A keysafailockbox is designed to hold a key to the Property to permit access to the Property by Broker, cooperating brokers, MLS oamcipants_ their auf razed Iloensess and representatives, authorized inspectors. and accompanied prospective buyers. Broker. cooperating brokers. MLS and Assoclatlonsr9oards of REALTORS@ are not insurers against injury. -1aft, toss, vandallsm or damage attribtr;ed m the use of a kaysafailockbox. Seller does(or if checked "does not)authorize Broker :o Irstall a kaysafe/Iockbox, If Salle, does net occupy the Property Seiler shall be responsible for obtaining occupant(s)' written permission for use of a keysafsAockbox(CA-R. Form KLA). Seller's Initials{ ) 1 RLA REVISED 11113(PACE 3 OR 5) RESIDENTIAL LISTING AGREEMENT-KXCLUSIVE(RLA PAGE 3 OF 5) —0duCed NTM apFWMe b4 ZIJ)L39a MOM FrOW'Aft Rnatl Fraser NMgm 42026 _gICN.�Laao�com 501'SnHord Are 6042 StaffordAve Property Address:Huntington Parts,CA 90255 Date:September 1,2015 13.SIGN:Seller does(or it checked`does not)authorize Broker to install a FOR SALElSOLD sign on the Property. 14.EQUAL HOUSING OPPORTUNITY:The Property is offered in compliance with federal.state and local antidiscrimination laws 15.ATTORNEY FEES: In any action, proceeding or arbitration between Seiler and Broker regarding the obligation to pay compensation under this Agreement.the prevailing Seller or Broker shall be entitled to reasonable attorney fees and casts from the non-prevailing Seller or Broker,except as provided in paragraph 19A. 1g,ADDITIONAL TERMS:—REO Advisory Listing tCAFt. Form REDLI— Short Sale Information and A&Owry(CAFL Form SMAo Addendum(CAR Form) All sales and all sale terms and condlilons are subject to final approval by the City Council forth City of Venrom I?.MANAGEMENT APPROVAL: If an associate»iicensee in Brokers office (salesperson or broker-associate)enters into this Agreement on Brokers behalf, and Broker or Manager does not approve of its terms. Broker or Manager has the right to cancel this Agreement, in writing,within 5 Days After its execution. 18.SUCCESSORS AND ASSIGNS:This Agreement shall be binding upon Seller and Sellers successors and assigns. 19.DISPUTE RESOLUTION: A. MEDIATION: Seller and Broker agree M modiate soy djaputa or ctaurl arising twaen tmern regarding the odigation to pay compensadon under this Agreement, before resorting to aroitrathon or eaur action. MediabtM fats. d any, 9rrail be dMOod squally among Me patties Inva"id. if. for any dispute or claim to wpkicrt Mis paragraph applies, any parry ti) commences an aoWrl without first attempting M resolve the matter through mediation. ar %ii) before camn+ancarnenT of an ecbw, refuses to merflats after a raquam "s been mace. alien tnbt party SAWI not be entitled to mcover attumey fees. every d they woAl ot;harawa oa available to that party In any such avian. THIS MEDIATION PRCM510N APPLIES WHEtHER OR NO Ti THE ARBI i RAMON PROAIJSJON IS INIT'LALEQ Ucknions from this mediation agreement are spec&wd In paragraph i9C. B. ARBITRATION OF DISPUTES: Seller and Broker agr e*that arty dispute or e#alm In Law ew*quit}arising betwoori them regarding the vbilgatia n to pay compensation tinder this AgroomerrL which Is not stwttled through medlardom shall be decided by neutral. binding arbitration.The alfbltrator shatI be a retired Judge or justhm.or afs attorney W11th at laast 5 years of resldarmiar real estate Law experilenea,unless the parMos mutually agree to it different arbitrator. The parties shall have the right to discovery In elccordsnce with Code of CAril Procedure J12#3.0& In all other respects, the arbitration shall be conducted in ecrordance with Title 0 of Part 3 of the Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be or terod Ir4o arty aottrt havf rig Jurisdiction_ilnfomamtrlt of this agreement to 13rbitmte shall be governed by the Federal Atbleraden Act. Exclusions from this arbltrLadon agreertiant are specified In paragraph 19C. "NOT"; BY INITTAI„ING IN TIRE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." Seller's Initials 1 Broker's Initials l I C. ADDITIONAL MEDIATION AND ARBITRATION TERMS: The following matters shall be excluded from mediation and arbitration:(1)a judicial or nonjugicial foreclosure or other action or proceeding to enforce a deed W trust,mortgage or installmsrn land sale rantTact as defined in Civil Coda W85: (ii) an unFawruf detains► action: (Ill) the ftling or enforcement of a mechanic's lien: and (iv) any matter that Is within the jurisdiction 41 a prolate, small etairns or tsankruptcy court. The Illing of a court action to anaola the recording of a notice of perl#Ing action. for order of attactlment, recelvership, Injunction, or other pr'o0ziOnai remeCtes. shad not constitute a waiver or vlolatlian of tha rnedlativn and arbitration provWons. Seller's Inrtiat5( )( ) RLA REVISED 11113(PAGE 4 OF 5) RESIDENTIAL LISTING AGREEMENT-EXCLUSIVE(RLA PAGE 4 OF 5) Produced'hith mpF*"M Oy ZoLaW IW70 FftMM We Rosa FraSW W 4=6 N*W TOL00SA-On1 Or S17Hwd Are 6042 Stafford Ave Property Address:Huntington Park,CA 90255 Date: September 1,2015 20.ENTIRE AGREEMENT: All prior discussions_ negotiations and agreements between the parties conceming the subject matter of this Agreement are superseded by this Agreement which constitutes the entire contract and a complete and exclusive expression of their agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. if any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect.This Agreement and any supplement, addendum or modification. including any photocopy or facsimile. may be executed in counterparts 21.OWNERSHIP, TITLE AND AUTHORITY: Seller warrants that:(1)Seller is the owner of the Property: (li)no other persons or entities have title to the Property: and (iii) Seiler has the authority to both execute this Agreement and sell the Property. Exceptions to ownership,title and authority are as follows: _ REPRESENTATIVE CAPACITY: This addendum is being signed for Sailer by an individual acting in a Representative Capacity as specified in the attached Representative Capacity Signature Disclosure(C.A.R_ Form RCSD)_ Wherever the signature or initials of the representative identified in the RCSD appear on this Agreement or any related documents.it shall be deemed to be in a representative capacity for the entity described and not in an individual capacity. unless otherwise indicated. Seller(i) represents that the entity for which the individual is signing already exists and (ii)shall Deliver to Broker.within 3 Days After Execution of this Agreement, evidence of authority to act(such as but not limited to: applicable trust document, or portion thereof, tatters testamentary. court order power of attorney, resolution,or formation documents of the business entity). By signing below. Seiler acknowledges that Seller has read, understands,received a copy of and agrees to the terms of this Agreement- Seller Date Vemon Orly Address City Stare Zip Telephone Fax Email Sailer Date Address CIty_ S?ate Zip Telephone Fax _ Email Real Estate Broker IFirrnf Century21 Allstars Cal BRE Lic.=01280965 By(Agent) Lurher Sanchez Cal BRE Lic#01226461 Data Address 9155 Telegraph Rd 2nd Floor City Pico Rivera State CA Zip 90660 Telephone(562)755.9387 Fax(562)381-7140 T Email majesticbrokerli-2-gmail.com 1917-2013 CafiI Association or REALTORSO InC United States Cop, ]ht law(TItle 17 U S Code)brbM me unauthQ0Zed dWMution ffiplay ana reproCuCron of thin form or am pertiorl thereof by photocopy machine or any Other means mduaing facsuriie or compurer¢ed formats THIS FORM HAS BEEN APPROVED BY THE CAUFCRNIA ASSOCIATION OF REALTORSO rC AR}_NO REPRESENTATION IS MADE AS TO T riE LEGAL VAuDfTY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER 13 THE aERSON QUALIFIED TO ALWSE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAx ADviCE_CONSULT AN APPROPRIATE PROFESSIONAL 1jPublished and OLsmbuted by- REAL ESTATE BUSINESS SER4ICES.INC a sum(ftary ofah,Calrforma Assocraoon LVPEALTORST . 525 South lfvgif Avenue Los Angeles Caltlbmla W020 jRewewed ny Dare RLA REVISED 11113(PAGE S OF 5) RESIDENTIAL LISTING AGREEMENT 4XCLUSWE(RLA PAGE 5 OF 5) Produced,rdh zVFormS by ZOL00m ,8070 FAten mde Road Fraser wm[i24W 48026 ,my zipLow com %4:9uiTord Are � CALI FOP,NIA ASSOCIATION SELLER'S ADVISORY OF K F # L T O R'0 (C.A.R.Form SA,Revised 11/13) Property Address: 6042 Stafford Ave,Huntington Park,CA 90255 ("Property") 1. INTRODUCTION: Selling property in California is a process that involves many steps. From start to finish, it could take anywhere from a few weeks to many months. depending upon the condition of your Property. local market conditions and other factors.You have already taken an important first step by listing your Property for sale with a licensed real estate broker. Your broker will help guide you through the process and may refer you to other professionals, as needed. This advisory addresses many things you may need to think about and do as you market your Property Some of these things are requirements imposed upon you, either by law or by the listing or sale contract Others are simply practical matters that may arise during the process. Please read this document carefully and,if you have any questions,ask your broker or appropriate legal or tax advisor for help. 2. DISCLOSURES: A. General Disclosure Duties: You must affirmatively disclose to the buyer. in writing, any and all known facts that materially affect the value or desirability of your Property. You must disclose these facts whether or not asked about such matters by the buyer, any broker. or anyone else. This duty to disclose applies even if the buyer agrees to purchase your Property in its present condition without requiring you to make any repairs. If you do not know what or how to disclose. you should consutt a real estate attorney in California of your choosing. Broker cannot advise you on the legal sufficiency of any disclosures you make If the Property you are selling is a residence with one to four units except for certain subdivisions. your broker also has a duty to conduct a reasonably competent and diligent visual inspection of the accessible areas and to disclose to a buyer all adverse material facts that the inspection reveals. If your broker discovers something that could indicate a problem. your broker must advise the buyer. B. Statutory Duties:(For one-to-four Residential Units). (1) You must timely prepare and deliver to the buyer_ among other things. a Real Estate Transfer Disclosure Statement and a Natural Hazard Disclosure Statement("NHD").You have a legal obligation to honestly and completely All out the TDS form in its entirety. (Many local entities or organizations have their own supplement to the TDS that you may also be asked to complete.)The NHD is a statement indicating whether your Property is in certain designated flood. fire or earthquake/selsmic hazard zones.Third-party professional companies can help you with this task. (2) Depending upon the age and type of construction of your Property. you may also be required to provide and, in certain cases you can receive limited legal protection by providing, the buyer with booklets entitled'The Homeowner's Guide to Earthquake Safety"'The Commercial Property Owner's Guide to Earthquake Safety.""Protect Your Family From Lead in Your Horne"and "Environmental Hazards:A Guide For Homeowners and Buyers."Some of these booklets may be packaged together for your convenience_ The earthquake guides ask you to answer specific questions about your Property's structure and preparedness for an earthquake. If you are required to supply the booklet about lead,you will also be required to disclose to the buyer any known lead-based paint and lead-based paint hazards on a separate form. The environmental hazards guide informs the buyer of common environmental hazards that may be found in properties- (3) If you know that your property is: (I)located within one mile of a former military ordnance location: or(ii)in or affected by a zone or district allowing manufacturing, commercial or airport use.you must disclose this to the buyer, You are also required to make a good faith effort to obtain and deliver to the buyer a disclosure notice from the appropriate local agency(!as)about any special tax levied on your Property pursuant to the Mello-Roos Community Facilities Act. the Improvement Bond Act of 1915. and a notice concerning the contractual assessment provided by section 5898.24 of the Streets And Highways Code (collectively,'Special Tax Disclosures*). (4) If the TDS. NHD. or lead, military ordnance. commercial zone or Special Tax Disclosures are provided to a buyer after you accept that buyers offer,the buyer will have 3 days after delivery(or 5 days if mailed)to terminate the offer,which is why it is extremely important to complete these disclosures as soon as possible. There are certain exemptions from these statutory requirements; however, I you have actual knowledge of any of these Items. you may still be required to make a disclosure as the items can be considered material facts. C. Death and Other Disclosures: Marry buyers consider death on real property to be a material fact in the purchase of property. In some situations. it is advisable to disclose that a death occurred or the manner of death;however. California Civil Code Section 1710.2 provides that you have no Disclosure duty "where the death has occurred more than three years prior to the date the transferee offers to purchase. lease. or rent the real property. or(regardless of the date of occurrence]that an occupant of that property was afflicted with. or died from. Human T-Lymphotropic Virus Type III/Lymphadenopathy-Associated Virus." This law does not"immunize an owner or his or her agent from making an intentional misrepresentation in response to a direct inquiry from a transferee or a prospective transferee of real property, concerning deaths on the real property" D. Condominiums and Other Common Interest Subdivisions:If the Property is a condominium.townhouse. or other property in a common interest subdivision. you must provide to the buyer copies of the governing documents. the most recent financial statements distributed.and other documents required by law or contract. If you do not have a current version of these documents. you can request them from the management of your homeowners association. To avoid delay& you are encouraged to obtain these documents as soon as possible. even if you have not yet entered into a purchase agreement to sail your Property_ The copyright taws of the United States jit e 17 U S Code)Forbid the unauthorized reproduction of this brm:or any portion thereof by photocopy machine or any other means.including facsimile or computerized formats Copynght%,�1991-2013 CALIFORNIA ASSOCIATION OF REALTORS8 INC ALL RIGHTS RESERVED Sellers tnthals $A REVISED 11113(FAGS 1 OF 2) CsPh'CR SiELtAR"S ADVISORY(SA PAGE 1 OF 2) Century:l 9154'tdgnpb Am!ad Flow Pke Riven.CA 99fif9 ?hone_021)'R-9387 Fac i..W')863-3:14 M-'suffnrd eve Larder 5anclaff PMduted w9i mpFoRrr9 by=Logm IM,0 RBeen Mae Road Fraser Michigan 48026 mLzm aa_cem 6042 Stafford Ave Property Address Nuntin on Park CA 90255 Date September 1, 2015 3. CONTRACT TIrRIW 'A : A. Contract Terms and Conditions: A buyer may request. as part of the contract for the sale of your Property. that you pay for repairs to the Property and other items. Your decision on whether or not to comply with a buyers requests may affect your ability to sell your Property at a specified price. S. Withholding Taxes: Under federal and California tax laws, a buyer is required to withhold a portion of the purchase price from your sale proceeds for tax purposes unless you sign an affidavit of non-foreign status and California residency, or some other exemption applies and is documented. C. Prohibition Against Discrimination: Discriminatory conduct in the sale of real property against individuals belonging to legally protected classes is a violation of the law- D. Govenwrient Retrofit Standards: Unless exempt,you must comply with government natrofR standards, including, but not limited to. installing operable smoke detectors. bracing water heaters, and providing the buyer with corresponding written statements of compliance. Some city and county governments may Impose additional retrofit standards, including, but not limited to, installing low-flow toilets and showerheads. gas shut-off valves. tempered glass, and barriers around swimming pools and spas. You should consult with the appropriate governmental agencies, inspectors. and other professionals to determine the retrofit standards for your Property.the extent to which your Property complies with such standards.and the costs.If any, of compliance- E. EPA's LEAD43AS90 PAINT RENOVATION, REPAIR AND PAINTING RULE: The new rule requires that contractors and maintenance professionals working in pre-1978 housing. child care facilities, and schools with lead-based paint be certified: that their employees be trained, and that they follow protective work practice standards. The rule applies to renovation, repair, or painting activities affecting more than six square feet of lead-based paint in a room or more than 20 square feet of lead-based paint on the exterior_ Enforcement of the rule begins October 1, 2010. See the EPA website at www epa.govtlead for more information. F. Legal, Tax and Other Implications: Selling your Property may have legal, tax. insurance, titts or other Implications. You should consult an appropriate professional for advice on these matters_ 4. MARKETING CONSIDERATIONS: A. Pro-Sale Considerations: You should consider doing what you can to prepare your Property for sale, such as correcting any defects or other problems. Many people are not aware of defects in or problems with their own Property. One way to make yourself aware is to obtain professional home inspections prior to sale. both generally, and for wood destroying pests and organisms. such as termites. By doing this.you then have an opportunity to make repairs before your Property is offered for sale. which may enhance its marketability. Keep in mind. however.that any problems revealed by such inspection reports or repairs that have been made.whether or not disclosed in a report. should be disclosed to the buyer(see'Disclosures" in paragraph 2 above). This is true even if the buyer gets his/her own inspections covering the same area. Obtaining inspection reports may also assist you during contract negotiations with the buyer. For example. if a pest control report has both a primary and secondary recommendation for clearance, you may want to specify in the purchase agreement those recommendations. if any, for which you are going to pay. S. PostSaIs Protections: It is often helpful to provide the buyer with. among other things,a home proteetionlwarranty plan for the Property.These plans will generally cover problems. not deemed to be pr"xistfng,that occur after your sale is completed. In the event something does go wrong after the sale. and it is covered by the plan, the buyer may be able to resolve the concern by contacting the home protection company C. Safety Precautions:Advertising and marketing your Property for sale. including. but not limited to, holding open houses. placing a keysafe/lockbox, erecting FOR SALE signs, and disseminating photographs. video tapes, and virtual tours of the premises. may jeopardize your personal safety and that of your Property You are strongly encouraged to maintain insurance, and to take any and all possible precautions and safeguards to protect yourself, other occupants, visitors, your Property, and your belongings. including cash, jewelry. drugs. firearms and other valuables located on the Property. against injury. theft. 1033, vandalism,damage and other harm- D. Expenses: You are advised that you. not the Broker, are responsible for the fees and costs, if any. to comply with your duties and obligations to the buyer of your Property. 5. OTHER ITEMS: Seiler has read and understands this Advisory.By signing below,Seller acknowledges receipt of a copy of this document. Seller Date Print Name Vernon C' Seller Date Print Name Real Estate Broker Century 21 Allstars By Date (Agents LudrerSanchez Address 9155 TeltLraPh Rd 2nd Floor City Pico Rivera State CA zip 90660 Telephone(562)755-9387 Fax(562)381-7140 E-mail mqj9sUcbrokorf@_qma11.com THI3 FORM HAS BEEN APPROVED 8Y rHE CALIFORNIA ASSOCIATION OF RE,ALTORSS CAR; NO REPRESENTATION !S VAOE AS TO THE LEGAL VALIOrrY OR ADEQUACY OF ANY PROVISION N ANY SPECIFIC TRANSACrON A REAL ESTATE BROKER is THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTFON3.:17 YOU DESIRE LEGAL OR TAX ADVICE CCNSuLT AN APPROPRIATE PROFESSIONAL This form is evadable rot use by " entire real Mate AdLxStiY I I not mended to ,dentAy the uses as a REALTOR8 REALTORS is a Mgdfffad Code=ve membersM0 mark NhKII may be used onty oy members of be NAPONAL ASSOCIATION OF REaLTORSS.vMl summw m 4s Code ofEMKe_ Pumahm sod l3dwakeid by R'eN.'eST.xfE 9LIS7#lE3S 3EAVICE9 MC RWOM*d by Cale j a;::as.dar�Pry Cafma 1•'"^kG7��-T0.45$ -- — yr ` 3 5 30 VdW zkeh tat Ari Ws 4mN 9f}02p �M SA REVISED 11113(PAGE 2 OF 2) =„ v SELLER'S ADVISORY(SA PAGE 2 OF 2) ?rodueW mM npFortn4 by ZIpL-Ap 18070 Fiteen'Aft Ro]d Fra99r VKttgan 4=6 wwzyl-ooa_ean W4!3Uffurd J,r CAL ]IFORNIA 4L ASSOCIATION ADDENDUM �-4� OF R E A L T O R S s' (C.A.R.Form ADM.Remised 4112) No. I The following terms and conditions are hereby incorporated in and made a part of the: ^ Residential Purchase Agreement. Manufactured Home Purchase Agreement. ] Business Purchase Agreement. ' ':: Residential Lease or Month-to-Month Rental Agreement, Vacant Land PuMnase Agreement .Residential Income Property Purchase Agreement 1 Commercial Property Purchase Agreement. x Other ReskkwZ121 f13 Agnament dated September 1.2015 on property known as 6042 St2ffordAve Huntington Park CA 90255 in which is referred to as("BuyerlTenant") and Vemon City is referred to as("SellerlLandiorsd^) Socrian 7. Last santance shalt teen, 'serferlFrelfrer a �Trrdem defendandhaafdBmkerlMartrfiess fearer 9114 1—j ms, ddsPAZ-as, lriraucr. dgM-Rnfs atrorne to"afpd gists ailsirm fmm any M=rrect ftGi Vradon su fled by 5441er as a result _ of gross ere 1q r1 grrca ar ijrfffful mdsCOAduct only,or Levert an maCsrfa!a'tets rltat SeAer knows heft ra tv dlsa# .4 The foregoing terms and conditions are hereby agreed to.and the undersigned acknowledge receipt of a copy of this document. Data _ — — Date Buyer/Tenant __ Seller.,Landlord Vernon City -— BuyeriTenant Seller/Landlord The copyright laws of the United States True, 17 U S Codel forbid the unarahor¢ed reproduction of ft form or any portion thereof, by OWocopy machine or any ether means including fap6nee ar computemed formats CopyrVrtt 198fr2012 CALIFORNIA ASSOCIATION OF REALTORS2_INC ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSO (CART NO REPRESENTAMN IS MADE AS TO THE LEGAL VlALIDITY OR ADEQUACY OF ANY PROVASION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This form Fs available for use by the entire real estate indusey It is not mtended to identify the user as a REALTORS REALTORS is a registered cottactive membership mark whrch may be used only by members of the NATIONAL ASSOCIATION OF REALTORS®who subscribe to its Code of Ethics + PiumW and ommkkea ny ■ qIZ L E3tATE I LOKNEW 5EAV CES ,MC 33e�3V:d �f,7'7:azr--a ate'J*6am--0%5' — J25 5n,7h omg Aw" wi Vrgde&�-aetorn*iGG2R Revreeed by Oats ADM REVISED 4112(PAGE 1 OF 1) i �Mt... was* y ADDENDUM(ADM PAGG 1 OF 1) CtumPq :1 413xare9N5ledWP 0A.Y.'Ed Fk 2?4mRr mCAadW ?h IX T i1awa� --W. LaeYrr Saucer� '-oduoac:hr.�.gF'xl't!]r_��'es. '2nrn c, -A 0 - C A L I F O It N I A DISCLOSURE REGARDING ASSOCIATION REAL ESTATE AGENCY RELATIONSHIP c l F k F A L F c) k S " lusting Firm to Seller) (As required by the Civil Code) (C.A.R.Form AD,Revised 121`14) I (if checl(ed) This form Is being provided rn connection with a transaction for a leasehold interest exceeding one year as per Civil Code section 2079 13(k)and 0) When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent in the transaction SELLER'S AGENT A Seller's agent under a listing agreement with the Seder acts as the agent for the Seller only_A Seller's agent or a subagent of that agent has the following affirmative obligations- To the Seller A Fiduciary duty of utmost care,integrity_honesty and loyally in dealings with the Seller To the Buyer and the Seller. (a) Diligent exercise of reasonable still and care in performance of the agents duties_ (b) A duty of honest and fair dealing and good faith_ (c) A duty to disclose ail facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of the parties An agent is not obligated to reveal to either party any confidential information obtained from the other parry that does not involve the affirmative duties set forth above BUYER'S AGENT A selling agent can, with a Buyer's consent. agree to act as agent for the Buyer only In these situations, the agent is not the Seller's agent. even If by agreement the agent may receive compensation for services rendered,either in full or in part from the Seller An agent acting only for a Buyer has the following affirmative obligations. To the Buyer A fiduciary duty of utmost care Integrity honesty and loyalty in dealings with the Buyer_ To the Buyer and the Seller- (ai Diligent exercise of reasonable still and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith (c) A duty to disclose all Facts known to the agent materially affecting the value or desirability of the property that are not!mown to, or within the diligent attention and observation of,the parties An agent is not obligated to reveal to either parry any confidential information obtained from the other party that does not involve the affirmative duties set Forth above AGENT REPRESENTING BOTH SELLER AND BUYER A real estate agent, either acting directly or through one or more associate licensees, can legally be the agent of both the Seller and the Buyer in a transaction. but only with dine knowledge and consent of both the Seller and the Buyer_ In a dual agency situation,the agent has the following affirmative obligations to both the Seiler and the Buyer- (a) A fiduciary duty of utmost care,integrity honesty and loyalty in the dealings with either the Seller or the Buyer (b) Other duties to the Seller and the Buyer as stated above in their respective sections In representing both Seller and Buyer the agent may not without the express permission of the respective party disclose to the other parry that the Seller will accept a price less than the listing price or that the Buyer will pay a price greater than the price offered. The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer From the responsibility to protect his or her own interests You should carefully read an agreements to assure that they adequately express your understanding of the transaction A real estate agent Is a person qualified to advise about real estate. If legal or tax advice is desired consult a competent professional. Throughout your real property transaction you may receive more than one disclosure form,depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relationship to present you wrth this disclosure form You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transsu:Ion Thla disclosure form irlcdudss the provisions of Sections 2079.13 to 2079.24,inclusive,of the Civil Code set forth on page 2. Read It "reNtly. UWE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE AND THE PORTIONS OF THE CIVIL CODE PRINTED ON THE BACK(OR A SEPARATE PAGE). Q Buyer�k Seller Landlord 13 Tenant ❑ate Buyer Seller Landlord El Tenant' Date Agent Cenrury 21 AlIsrrrs BRE LIc t 01280965 Real Estate Brower(Fxrlmt By BRE Lic =01226461 Date {SalespergCmGr�r{I€OBr�l550C�l9r I:LrCFrdrrGiarrGll'9Z Agency Disclosure Compliance lCvvil Code§2079 14) When the listing brokerage company also represents Buyerfrenant The listing Agent shall have one AD form signed by SeiOrr'Landlord and a different AD form signed by BuyerrTenant When SelterrLandlord and BuyenTenant are represented by different brokerage companies. (I)the Listing Agent shall have one AD form signed by SenerlLandlord and tit) the BuyerslTenenrs Agent shall have one AD form signed by BuyerrTenant and either that same or a different AD form presented to Seller,'Landlord for signature prior to presentation of the offer If the same form is used.Seller may sign here rs&LE—RfzAMEli—� 1 itiDr 3t iti H€i2E}, lgcv Via, rs 11f. 1�l x tsl�rrHl i. S2AI , dlord Ier.�and6L7rd The Cnpyrigdl laws oT the united States Mitle 17 US Code)farM The unauttmarized reproduction or Trim form or any portion thereof by piiowopy machine or any other means,rnduding racsimde or cornputenzed formats, _ COpyilgntZ 1991-2010,CALIFORNA A_';WCIATiON OF REALTORSS INC_ ;Reew.w a. mate I ALL RIGHTS RESERVER AD ItHVISED 12l74(PAGE 1 OF 2) DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP(AD PAGE 1 OF 2) Cmnr 11Allirm-9155T4#V2pkAce :8dFloorPicaRicers.CA90"0 Pt*M I#'_1-59-ur Fax i56.m361-3r- 6641SnHordArt l��Mt 5aucirs = _;L_e9-.%dn i ay zil*%kx 18070 9-11em vine Rud.Fuser mxnr9&n 42026 3��'rwe CML CODE SECTIONS 20T91412079.10 APPEARS ON THE FRONT) 2079.13 As used in Sections 207914 to 2079.24 indusive the following terms have the following meanings (a)'Agee!'means a person acting under provisions of Tide 9(commencs ig with Sermon 2295)in a real property transaction and includes a person who is licensed as a real estate broker under Chapter 3(commencing with Section 10130)of Part t of Division 4 of the Business and Professions Code and under whose rrcertse a listing is executed or an offer to purchase is obhavted.(b) Associate licensee'means a person who s lcensed as a real estate broker or salesperson under Chapter 3(commencing with Section 10130)of Part 1 of Division 4 of the Business and Professions Code and who is either licensed under a broker or has entered into a written contract with a broker to act as the broker's agent in connection with acts requiring a real estate license and to function under the broker's supervision in the capacity of an associate gcensee The agent in the real property trarrsacbon bears responsibility for his or her associate licensees who perform as agents of the agent When an associate licensee owes a duty to any principal,or to any buyer or seller who is not a prmapal in a real property transaction that duty is equivalent to the duty owed to that parry by the broker for whom the acanrrite Licensee functions (a)4Buyer means a transferee in a real property transaction.and includes a person who executes an offer to archase real property from a seller through an agent or who seeks the services of an agent in more than a casual transitory or prEGmmary manner with the object of entering into a real property transaction. -Buyer-includes vendee or lessee (d) -Commercial real propeW means all real property in the state. except single-family residential real property,dweffirtg units made subject to Chapter 2(cammericing with Seraon 1940)of Title 5 mobilehomes,as defined in Section 798.3 or recreational vehicles as defined in Section 79929 (e)'Dual agent means an agent acting,either directly or through an associate licensee.as agent for both the seller and the buyer m a real property transaction (f)'Listing agreement'means a contract between an owner of real property and an agent,by which the agent has been authorized to sell the real property or to find or otrtaah a buyer (9)'Listing agent'means a person who has obtained a Iswv of real property to act as an agent fix compensation_(h)'Listing price'is the amount expressed in dollars specified in the listing for which the seller is w4M to sell the real property through the listing agent(i)"Offering price is the amount expressed in daftars specified in an offer to purchase for which the buyer is wiping to buy the real property 01`Ofier to purchase"means a written contract executed by a buyer acting through a seblfng agent that becomes the contract forte sate of the real property upon acceptance by the sever (k)'Real property'means any estate specified by sul>divrsion(1)or(2)of Section 761 in property that constitutes or its improved with one to four dwelling units any commercial real property. any leasehold in these types of property exceeding one years duration. and mobxlehomes,when offered far sale or said through an agent pursuant to the&Monty contained in Section 10137-6 of the Busrnrss and Professions Code (I)-Real property transaction'means a transaction for the sale of real property,in which an agent is employed by one or more of the principals to act in that transaction and includes a riling or an offer to purchase (m)'Sell'-safe.'or'sold'refers to a transaction for the transfer of real property from the seller m the buyer and Includes exchanges of real property between Me seller and buyer transactions for the creation of a real property sales contract within the nmeaninng of Section 2985,and transactions for the creation of a leasehold exceeding one years duration (n)-Seller'means the transferor in a real property"inaction and includes an owner wrio lists real property with an agent,whether or not a transfer results.or who receives an offer to purchase real property of which he or she is the owner from an agent on behalf of another -Seller includes both a vendor and a lessor (a)'Selling agent'means a listing agent who acts alone.or an agent who acts in cooperation with a listing agent and who sells or finds and ob tams a buyer for the real property or an agent who locates property for a buyer or who finds a buyer for a property for which no listing exists and presents an offer to purchase to the serer (p)-Subagent'means a person to whom an agent delegates agency powers as provided in Article 5(commencing with Section 2349)of Chapter 1 of Tide 9 However -subagent"does not include an associate licensee who is acting under the super ovori of an agent in a real property transaction 2079.14 Listing agents and selling agents shall provide the seller and buyer in a real property transaction with a copy of the disclosure form specified in Section 207916 and,except as provided in subdivsinn(ci_shall obtain a signed acknowledgerrient of fecerpt from that seller or buyer except as provided in this section or Section 2D79 15 as follows_(a)The listing agent:rf any shall provide the disclosure form to the seller prior to entering into the listing agreement(b)The setting agent shalt provide the disclosure form to the seller as soon as practicable prior to presenting the seller with an offer to purchase unless the selling agent previously provided the seller with a copy of the dnsdosum foam pursuant to subdmsion(a) (c)Where the selling agent does not deal on a face-m face basis with the seller the disclosure form prepared by the selling agent may be fumtshed to rune seller rand acknowledgement of receipt obtained for the selling agent from the seller)by the listing agent-or the selling agent may deliver the disclosure form by certified marl addressed to the seller at his or her last known address in which case no signed admovvledgement of receipt is required (d)The selling agent malt provide the disclosure form to dire buyer as soon as practicable prior to erearoon of the buyers offer to purchase except that of the offer to purchase is not prepared 5y dine selling agent the selling agent shad present the disclosure form to the buyer not later than the next business day after the selling agent recerves the offer to purchase from the buyer 2079.13 in arty circumstance in which the seller or buyer refuses to sign an adrnawledgement of receipt pursuant to Section 2079 14 the agent or an a$sociate licensee acting for an agent shall set forth sign and date a written declaration of the facts of the refusal 2079.la Reproduced on Page 1 of this AD form 2079.17(a)As soon as practicable the seftV agent shall disclose to the buyer and setter whether the selling agent is acting in the real property transaction exciuweiy as the buyers agent exclusively as the sellers agent or as a dual agent representing both the buyer and the seller This relationship shall be confirmed in the contact to purchase and sed real property or n a separate writing exentted or adeNwAedged by the seller the buyer and the selrng agent prior to or coinccident with execution of that caritract by the buyer and the seller.respectively (b)As soon as practicable.die luting agent shall disclose to the seller whether the[tong agent is acting sit the real property transaction exdusrvely as the sews agent or as a dual agent representing both the buyer and seller This relahanshrp shall be confirmed in the oontaex to purchase and sell real property or in a separate writing zmrecuted Cr acknowledged by the seller and the tisting agent pram or coincident with the execution of that contact fly the seller (c) Time confirmation required by subdivisions(a)and 16j shall be in the followmg roan (DO NOT COMPLETE SAMPLE ONLY) is the agent of(check one)- the seller exclusively or Z both the buyer and seller (Name of Listing Agent) (DO NOT COMPLETE_SAMPLE ONLY) _ is the agent of(check one)_ the buyer exciuivey or-the seller exclusively or (Name of Selling Agent if not the same as the Listing Agent) -both the buyer and seller. (d) The disclosures and confirmation required by this section shalt be in addition to the disclosure required by Secton 2079 14 2079.1S No selling agent in a real property transaction may at'as an agent for the buyer only,when the selling agent is also acting as the listing agent in the tarmetion. 2079.19 The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinative of a particular agency relationship between an agent and the seller or buyer A listing agent and a selling agent may agree to share any compensation or commmssion paid,or arc right to any compensation or commission for which an obligation arises as the result of a real estate transaction_and the terms of any such agreement shall not necessartiy be determinative of a particular relationship 2079.20 Nothing in thus article prevents an agent from selecting as a condition of the agent's employment a specific form of agency relationship Pat specifically prohibited by this article of the requirements of Section 2079 14 and Section 207917 are complied with 2079.21 A dual agent shall not disclose to the buyer that the seller is willing to sell the property at a price less than the listing price,without the express written Consent of the seller.A dual agent shall not disdose to the seller that the buyer Is willing to pay a price greater than the offering pnce.without the express written consent of the buyer_This section does not alter in any way the duty or responsibikty of a dual agent to any pnnopai with respect to confidential information other than price_ 2079.22 Nothing in this article precludes a fisting agent from also being a selling agent. and the combination of these functions in one agent does not of itself_ maize that agent a dual agent_ 2079.23 A contract between the pnnapai and agent may be modified or altered to change the agency relationship at any time before the performance of the act which is the abject of the agency wrth the written consent of the parses to the agency relationship. 2079.24 Nothing in this article shall be construed to either dimirnsh the duty of disclosure owed buyers and sellers by agents and their associate licensees_ subagents_and employees or to relieve agents and their associate licensees subagents and employees from liabilrty for their conduct in connection with acts governed by this article or for any breach of a fiduciary duty or a duty of disclosure Fudrsrted 3ne allSI E b REAL ESTATE BUSiu" SERVICES INC a suosdaryoflime aMbrrua ash aVw gf.JFAL-,0RSS Reviewed oy Oats ` 525 South,&W Avemm Los nngeres Caftna 9N20 alk AD REVISED 12114(PAGE 2 OF 2) 'Y M!r DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP(AD PAGE 2 OF 2) Produced N th'ioFxmd bq-rOLogu 18070=rtteeri MiA Road F•aser'Aclagan 42026 .vwy anwap_com 60C 3nfferd Ire ASSOCIATION n I F o POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER f OF K F .A t. ri)i 5 a OR SELLER — DISCLOSURE AND CONSENT (C.AlL Form 124183,11114) A real estate broker(Broker), whether a corporation, partnership or sole proprietorship, may represent more than one buyer or seller. This multiple representation can occur through an individual licensed as a broker or salesperson or through different individual broker's or salespersons (associate licensees) acting under the Broker's license_ The associate licensees may be working out of the same or different office locations_ Multiple Buyers: Broker(individually or through its associate licensees) may be working with many prospective buyers at the same time. These prospective buyers may have an interest in, and make offers on,the same properties. Some of these properties may be listed with Broker and some may not. Broker will not limit or restrict any particular buyer from making an offer on any particular property whether or not Broker represents other buyers interested in the same property. Multiple Sellers: Broker(individually or through its associate licensees) may have listings on many properties at the same time. As a result, Broker will attempt to find buyers for each of those listed properties_ Some listed properties may appeal to the same prospective buyers. Some properties may attract more prospective buyers than others_ Some of these prospective buyers may be represented by Broker and some may not. Broker will market all listed properties to all prospective buyers whether or not Broker has another or other listed properties that may appeal to the same prospective buyers. Dual Agency: If Seller is represented by Broker. Seller acknowledges that broker may represent prospective buyers of Seller's property and consents to Broker acting as a dual agent for both seller and buyer in that transaction_ If Buyer is represented by Broker, buyer acknowledges that Broker may represent sellers of property that Buyer is interested in acquiring and consents to Broker acting as a dual agent for both buyer and seller with regard to that property. In the event of dual agency, seller and buyer agree that: (a) Broker, without the prior written consent of the Buyer, will not disclose to seller that the Buyer is willing to pay a price greater than the offered price; (b) Broker, without the prior written consent of the seller, will not disclose to the buyer that seller is willing to sell property at a price less than the listing price; and(c)other than as set forth in (a) and (b) above, a dual agent is obligated to disclose known facts materially affecting the value or desirability of the property to both parties. Offers not necessarily confidential: Buyer is advised that seller or listing agent may disclose the existence, terms. or conditions of buyers offer unless all parties and their agent have signed a written confidentiality agreement.Whether any such information is actually disclosed depends on many factors, such as current market conditions.the prevailing practice in the real estate community, the listing agent's marketing strategy and the instructions of the seller. Buyer and seller understand that Broker may represent more than one buyer or more than one seller and even both buyer and seller on the same transaction and consents to such relationships. Seller and/or Buyer acknowledges reading and understanding this Possible Representation of More Than One Buyer or Seller-Disclosure and Consent and agrees to the agency possibilities disclosed. Seller Vernon City Date Seller Date Buyer Date Buyer Date Real Estate Broker(Firm) Canarry 21 Allstars CaIBRE Lic#01280965 Date By _ CaIBRE Lic#01226461 Date Luther Sanchez Real Estate Broker(Firm) _ CaIBRE Lic# Date By , _ CalBRE Lic# Date r.2014,Caidomla Assoclahon 01 REALTORS2_Inc Unnea States copyngnt law tTdte 17�j S CoOel fo WS Tie unauthorized aisutouboa arsptay and reprociuction or slits um or any portion thereor.by pnotompy machine or any other means_Including*acsunlle or computerized formats THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REAL70R8'[-0;C AR) NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TC ADVISE ON REAL ESTATE TRANSACTIONS iF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL- This farm is made available to real estate professionals through an agreement wNt or purchase rrom the Catfomia Assxrawn of REAL TORSO It is not Intended to Identify me user as a REALTORO REALTORO is a registered cottectnre membership marts which matt be urea only by members of the NATIONAL ASSOCIATION OF REALTORSO who subscribe to its Code of Ethics Publlshed and Dtstrrbuied by REAL ESTATE BUSINESS SERVICES.INC. a sunsrdiarl of the Cafiforrra Assocrwon of REAL TORS@ 525 South Virgo Avenue Los Angeles.Caoromta 90020 I Reviewed by Date PRBS 11114(PAGE 1 OF 1) POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER OR SELLER(PRBS PAGE 1 OF 1) Cmt�rr:l3omes.91+57r1e�apyAsa:rdFkerP'a.8i*era.Ct9B6f0 Phone:f4m14SL9357 Fax.ISC 8&%.127;�:.;. 6�i'_SnH•rd.�se LdCmr 5anche _ ProduQd wth apFonnt by apLOdil 18070 Fifteen Able Road,Fra Mfx ser. htpan 48426 +��+mL� -*\ C; AL ( F0RNIA . s Src t r tt REPRESENTATIVE CAPACITY SIGNATURE DISCLOSURE (CA.R.Form RC30,RMvised 11114) OF P E A 1-TO OL5 " This form is not an assignment It should not be used to add new parties after a contract has been formed. This is a disclosure to the Residential Purchase Agreement. X Residential Listing Agreement Other dated 09101M)fS ,for the property known as T 6042 Sra�t_'a_rxf Ave ("Property"), between - -- CBuye, X, Broker) and Vernon City_ _ ("Seller'). 11. A. ESTATE:(1)Seller is an 7 estate, conservatorship,or _7 guardianship identified by Superior Court Case name as Case (2) The oerson(s) signing below Ware court apprcived represent; ves (whether designated as Sale or Co-Executor. Administrator. Conservator, Guardian) of the entity described in par"ph 1A1. B. TRUST., (1)The Property assets used to aayme+lease the Property}is held in trust pursuant to a trust document dated ,titled (2)T-he person(s)stgning Mow isiare Sobe,, ofSuccessor Trustee(s)of the Frust, C. POWER OF ATTORNEY. Seller _Buyer _.Other: _ ("Principal-) has authcrized the person(s)signing below ("A4omey-In-Fact". 1Power of Attorney" or -PCA') to acl: Dn hisrrler behalf pursuant tc a General Pa er of Attamey (_Specific Power of Attorney The the Proper;)I. dated This form is not a Power of Akttomey.A.Power of Attorney must have already been executed before this form is used. D. ENTITY: _Seller Buyer :Other. is a Corporallon. Limited Liability Company- Pannership which has authorized the oflri 0s). m3nagirlg meMbef{s) Of partnerfs) signing below to act on its behalf. An auth arizirlg resolution of the applicable body of the entity desonbed above is is not attached, 2. The Party acting in a representative capacity represents that the entity for which that Party is acting already exists. Representative Party: Entity Name (If POA, Sign Principal's Name) By(Representative Signature) _ Print Title: (Print Representative Name) Date: Entity Name (If POA, Sign Principal's Name) By(Representative Signature ) Print Title: (Print Representative Name) _ Date.- Acknowledgement of Receipt By Other Party:T Seller ,Buyer X Other: Broker (Signature) _ Date: (Print Name) (Signature) Date: (Print Name) _ m 2014.C Wbme AssoaaWn or REALTORS8 InC.United States cogynght ow rrme tT u_S Loam.brCAs The uma mxxv-ed dlSUlblltiotl splay and teproaucbon or the brm. or any portion wereof.try photocopy machine or any rimer means.bncuhng tacsirnae or mmputenm Formats TKIS FORM HAS BEEN APPROVED BY THE CALJFORMA ASSOCIATION OF REALTORSO 1CARI_NO REPRESEJWATION IS MADE AS TO THE LEGAL VAUDITf OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUAIJFIED TO ADVISE ON REAL ESTATE TRANSACTICNS ;F YOU DESIRE LEGAL OR TAR ADVICE CONSULT AN APPROPRIATE PROFESSIONAL- Published and Drstnbured by REAL ESTATE BUSINESS SERVICES.INC a suftaary oraw CaNfomia AsSociabon of REALTORSM 525 South'Argti AVenue Los Angeles California 90020 Reviewed by _ _ Date RCSD REVISED 11114(PAGE 1 OF 1) �. REPRESENTATIVE CAPACITY SIGNATURE DISCLOSURE(RCSD PAGE 1 OF 1) Cmwt 11 llmm 9105 Tetegapb Ave.rd FlowPke Rirem CA M6 0 Phone:(SO-)-Z-93r' f=14f0 IfL'S:"f Wit=5orT61d SFr Lmleer Saa[irr Produced,vM'rpFwmt Gq apLW IF470 Fftw"Ale Aud craw rAMvW 4M6 vvv+±b. Clnorx,mm C A L I F 0 K N I A RESIDENTIAL LISTING AGREEMENT ASSOC I,\TIO1i cy t: it r ; � r c s k� •' (Exclusive Authorization and Right to Sell) (CAR.Form RLA,Revised 11113) 1. EXCLUSIVE RIGHT TO SELL: yerraan CFty ('Seller') hereby employs and grants _ Century 21.4ttsrars beginning(date) Saprember 1,2015 and ending at 11:513 P.M.on(date) _ 00cember 31. 2015 (-Llsftnq Period") the exclusive and irravocable right to sell or exchange the real property in the City of Hunafrramn Park' County of Los Armalos Assessors Parcel No. 8320-010.270 Calitomia.descnted as: 6044 Stafford Ave (""Orly"Y 2. ITEMS EXCLUDED AND INCLUDED: Unless otherwise specified in a real estate purchase agreement, all fixtures and fittings that are attached to the Property are included.and personal property items are excluded.from the purchase price. ADDITIONAL ITEMS EXCLUDED: ADDITIONAL ITEMS INCLUDED: Seller intends that the above items be excluded or indl,dad in ofTsring the mrdaen for sale. but understands than. ii)me Iftu=I_se agreement supersedes any intention expressed above and will ultimately determine which items are excluded and included in the sale: and(ii)Broker is not responsible for and does not guarantee that the above exclusions andlor inclusions will be in the purchase agreement. 3. LISTING PRICE AND TERMS: A. The listing price shall be:Three Hundred Ninety-Eight Thousand Dollars j$398,=00 _ Q. ��di;i4nal �eFrYr3 4. COMPENSATION TO BROKER: Notice: The amount or rate of real estate commissions Is not fixed by law. They are set by each Broker Individually and may be negotiable between Seller and Broker (real estate commissions include all compensation and fees to Broker). A. Seller agrees to pay to Broker as compensation for services Irrespective of agency relatonship(s), either X 5.000 percent of the listing pnce (or if a purchase agreement is entered Into. of the purchase price). or J$ ?4D OR,%ff dual a0pr pufsuant to 3"Won 9tQ as follows: (1) If during the Listing Period. or any extension. Broker, cooperating broker. Seller or any atbor person procures a ready, wining, and able buyer(s)whose oiler to purchase the Property on any Dries and terms is arrgpted by c i�r. Rr;vsdVd'�^e Buyer completes the transaction or is prevented from doing so by Seller. I BrokA( is entitled m compensation Ymellw any escrow resulting from such offer closes during or after the axptratfon of the Listing Panod.or arty 2xmnaion.) OR(2)If within 30 calendar days (a)after the end of the Listing Parldd or any ex:annwon; or (bl after arry cancellation of ti11s Agreement, unless otherwise agreed. Seller enters into a =tl act to sell. convoy. lease :;r a"r-4sa transfer the Property to anyone('Prospective Buyer")or that person's related entity: (i)woo physically entered and was shown the Property during the Listing Period or any extension by Broker or a cooperating broker: or (ii)for whom Broker or any cooperating broker submitted to Seller a signed. mitten offer to acquire, lease, exchange or obtain an option on the Property. Seller. however, shall have no obligation to Broker under paragraph 4A(2)unless. not later than 3 calsndar days after the end of the Listing Period or any extension or cancellation. Broker has given Salter a written notice of the names of such Prospective Buyers. !rw +4+.+tr1 +441 s.JraT nlw rqy a _nLWn _+-{.+{.. Liar�k N.... •hv w • v ®. tf completion of the sale is prevented by a party to the transaction other than Seller, then compensation due under paragraph 4A shall be payable only if and when Seiler collects damages by suit, arortration. settlement or otherwise. and then in an amount equal to the lesser of one-half of the damages recovered or the above compensation, after first deducting title and escrow expenses and the expenses of collection If any. C. in addition.Seiler agrees to pay Brokar- D. Seiler has been advised of Broker's aclicl regarding cocperation :.rth.and the amount of rtrrnpenge-Ico+._fared to,oth;.,brokers. (1) Broker is authorized to cooperate with and compensate brokers participating through tho mutwis Ilsdng service(s) ("MLS")by offering to MLS brokers out of Broker's compensation specified in 4A. either X 2,500 percent of the.purchase price.or_S (2) Broker is authorized to cooperate with and compensate brokers operating iiutstde the MLS as per Broker's policy H. gsiler QF@b„ -- - - -`,� a�o- A 6e kw� No ads ; 4.:,L_ � f1'{,r17CappA per.-n . •�: F. (1) SNIer rvressrns r%ai Seller has of previously entered into a listing agreement with another broker regarding the Property. unless specified as follows: (2) Seller warrants that Seller has no owlgatfon to pay cflmpensauon to any other broker regarding the Property unless the Property is transferred to any of the following individuals or entities: (3) If the Property is sold to anyone fisted atjCu"J during the time Seller is cWiga:ad to compensate another broker ;)Brcker Is not entitled to compensation under this Agreement:and(h)Broker is not obligated to represent Seiler in such transaction. �9 2013 California Association of REALTDRSB Inc Seller's Initials RLA REVISED 11113(PAGE 1 OF 5) RESIONUTIAL LISTING AGRUMtNT-iKXC $ ft fj A—PAGO 1 OF 5 Cm[ms.!i�slfTL�71+i TekQ-aph{tt..ad FFoor Pica klrera.Ca 90666 �Ulr*Ali k U:r raa ACT sn Avg dw smsWd Are 7�y i� Prgaxam aom--AWqrrrM 7t On apk 1 W70 Rttew We Road F-wer Wrigas 4A25 nw+s� ,_aa i 6044 Stafford Ave Property Address:Huntington Park, CA 90255 Date: September 1,2015 5. MULTIPLE LISTING SERVICE: A. Broker is a participantisubscriber to Muttlple Listing Service (MLS) and possibly others. Unless otherwise instructed in writing the Property will be listed with the MLS(s)specified above. That MLS is(or if checked is not)the primary MLS for the geographic area of the Property.All terms of the transaction. Including sales price and financing,if applicable, (1) will be provided to the MLS in which the property is listed for publication. dissemination and use by persons and entities on terms approved by the MLS and(ii)may be provided to the MLS even if the Property is not listed with the MLS. BENEFITS OF USING THE MLS;IMPACT OF OPTING OUT OF TILE MLS;PRESENTING ALL OFFERS WHAT IS AN MLS? The MLS is a database of properties for sale that is available and disseminated to and accessible by all other real estate agents who are participants or subscribers to the MLS. Property information submitted to the MLS describes the price. terms and conditions under which the Seller's property is offered for sale (including but not limited to the listing broker's offer of compensation to other brokers). It Is likely that a significant number of real estate practitioners in any given area are participants or subscribers to the MLS. The MLS may also be part of a reciprocal agreement to which other multiple listing services belong. Real estate agents belonging to other multiple listing services that have reciprocal agreements with the MLS also have access to the information submitted to the MLS.The MLS may further transmit the MLS database to Internet sites that post property listings onilne. EXPOSURE TO BUYERS THROUGH MLS: Listing property with an MLS exposes a seller's property to all real estate agents and brokers(and their potential buyer Giants)who are participants or subscribers to the MLS or a reciprocating MLS. CLOSEDIPRIVATE LISTING CLUBS OR GROUPS: Closed or private listing clubs or groups are not the same as the MLS.The MLS referred to above is accessible to all eligible real estate licensees and provides broad exposure for a listed property. Private or dosed listing clubs or groups of licensees may have been formed outside the MLS. Private or closed listing dubs or groups are accessible to a more limited number of licensees and generally offer less exposure for listed property_ Whether listing property through a closed, private network -and excluding it from the MLS-is advantageous or disadvantageous to a seller, and why, should be discussed with the agent taking the Seller's listing_ NOT LISTING PROPERTY IN A LOCAL MLS: If the Property is listed in an MLS which does not cover the geographic area where the Property is located then real estate agents and brokers working that territory. and Buyers they represent looking for property in the neighborhood.may not be aware the Property is for sale. OPTING OUT OF MLS: If Seiler elects to exclude the Property from the MLS, Seller understands and acknowledges that: (a) real estate agents and brokers from other real estate offices. and their buyer clients.who have access to that MLS may not be aware that Seller's Property is offered for sale; (b) Information about Seller's Property will not be transmitted to various real estate Internet sites that are used by the public to search for property listings; (c) real estate agents. brokers and members of the public may be unaware of the terms and conditions under which Seller is marketing the Property. REDUCTION IN EXPOSURE: Any reduction in exposure of the Property may lower the number of offers and negatively impact the sales price. PRESENTING ALL OFFERS: Seller understands that Broker must present all offers received for Seller's Property unless Seiler gives Broker written instructions to the contrary. Sad 8 initials _ Brokers Initials !_ � li. MLS rules generally provide that residential real property and vacant lot listings be submitted to the MLS +ulthin 2 days or some other period of time after all necessary signatures have been obtained on the listing agreement Broker will not have to submit this listing to the MLS if. within that time Broker submits to the MLS a form signed by Seller(CAR. Form SELM or the local equivalent form). C. MLS rules allow MLS data to be made available by the MLS to additional Internet sites unless Broker gives the MLS instructions to the contrary. Seiler acknowledges that for any of the below opt-out instructions to be effective. Seller must make them on a separate instruction to Broker signed by Seller (C.A.R. Form SELL or the local equivalent form). Specific information that can be excluded from the Internet as permitted by(or in accordance with)the MLS is as follows: (1) Property Availability: Seller can Instruct Broker to have the MLS not display the Property on the Internet. (2) Property Address:Seller can instruct Broker to have the MLS not display the Property address on the Internet. Seiler understands that the above opt-outs would mean consumers searching for listings on the Internet may not see the Property or Property's address in response to their search. (3) Feature Opt-Outs: Seller can Instruct Broker to advise the MLS that Sailer does not want visitors to MLS Participant or Subscriber Websites or Electronic Displays that display the Property listing to have the features below. Seller understands (i)that these opt-outs apply only to Websites or Electronic Displays of MLS Participants and Subscribers who are real estate broker and agent members of the k1LS: (ii) that other Internet sites may or may not have the features set forth herein: and (iii) that neither Broker nor the MLS may have the ability to control or block such features on other Internet sites. (a) Comments And Reviews: The ability to write comments or reviews about the Property on those sites: or the ability to link to another site containing such comments or reviews if the link is in immediate conjunction with the Property. (b)Automated Estimate Of Value: The ability to create an automated estimate of value or to link to another site containing such an estimate of value if the link is in immediate conjunction .vith the Property_ Sellers initials RLA REVISED 11113(PAGE 2 OF 5) -^- RESIDENTIAL LISTING AGREEMENT-EXCLUSM(RLA PAGE 2 OF 5) ?radu[ed Mds M0FWr4 Oq 11PL09N 1W70 Flaen file Road Fraser Micfegart M25 .VV w z J 0=C�Qm 6044 3ndord..k e 6044 Stafford Ave Property Address:Hun ringtorr Pack, CA 90255 Hate: September 1,2015 6. SELLER REPR€SENTATMS,. 34Iler[aperients 7-at. unless otherms*specifletl in writirwg. 3allar is unaware of: (1)any Notice of Default recorded against the Property: (ii)any delinquent amounts due under any loan secured by, or other obligation affecting,the Property; (iii) any bankruptcy, insolvency or similar proceeding affecting the Property: (iv) any litigation. arbitration, administrative action, government investigation or other pending or threatened action that affects or may affect the Property or Sellers ability to transfer it; and (v)any current, pending or proposed special assessments affecting the Property. Seller shall promptly notify Broker in writing if Seller becomes aware of any of these items during the Listing Period or any extension thereof- 7. BROKER'S AND SELLER'S DUTIES: (a) Broker agrees to exercise reasonable effort and due diligence to achieve the purposes of this Agreement. Unless Seller gives Broker written instructions to the contrary, Broker is authorized to (1) order reports and disclosures as necessary. (ii)advertise and market the Property by any method and in any medium selected by Broker including MLS and the Internet and, to the extent permitted by these media. control the dissemination of the information submitted to any medium;and (iii)disclose to any real estate licensee making an inquiry the receipt of any offers on the Property and the offering price of such offers_ (b)Seller agrees to consider offers presented by Broker. and to act in good faith to accomplish the sale of the Property by. among other things, making the Property available for showing at reasonable times and. subject to paragraph 4F. referring to Broker all inquiries of any party interested in the Property. Seiler is responsible for determining at what price to list and sell the Property. Seller further agrees to indemnify. defend and hold Broker harmless from all claims. disputes, litigation. judgments attorney fees and costs arising from any incorrect information supplied by Seller. or from any material facts that Seller knows but fails to disclose. S. DEPOSIT: Broker is authorized to accept and hold on Sellers behalf any deposits to be applied toward the purchase price. 9. AGENCY RELATIONSHIPS: A. Disclosure: If the Property includes residential property with one-to-four dwelling units. Seller shall receive a "Disclosure Regarding Agency Relationships'(C.A.R. Form AD)prior to entering into this Agreement. S. Seller Representation: Broker shall represent Seller in any resulting transaction,except as specified in paragraph 4F. C. Possible Dual Agency With Buyer: Depending upon the circumstances. it may be necessary or appropriate for Broker to act as an agent for both Seller and buyer, exchange party. or one or more additional parties (-Buyer'). Broker shall, as soon as practicable. disclose to Seller any election to act as a dual agent representing both Seller and Buyer. If a Buyer is procured directly by Broker or an associate-licensee in Brokers firm. Seller hereby consents to Broker acting as a dual agent for Sailer and Buyer. In the event of an exchange. Seller hereby consents to Broker collecting compensation from additional parties for services rendered. provided there is disclosure to all parties of such agency and compensation. Seller understands and agrees that: 4) Broker without the prior wrten consent of Seller, .coil not disclose to Buyer that Seller is willing to sell the Property at a price less than the listing price. (11) Broker without the prior written consent of Buyer, will not disclose to Seller that Buyer is willing to pay a price greater than the offered price; and (iii) except for (i) and (fi) above, a dual agent is obligated to disclose known facts materially affecting the value or desirability of the Property to both parties. D. Other Sellers: Sailer understands that Broker may have or obtain listings on other properties. and that potential buyers may consider, make offers on, or purchase through Broker property the same as or similar to Seller's Property. Seller consents to Broker's representation of sellers and buyers of other properties before.during and after the and of this Agreement. E. Confirmation: If the Property includes residential property with one-to-four dwelling units. Broker shall confirm the agency relationship described above,or as modified, in writing,prior to or concurrent with Sellers execution of a purchase agreement. 10.SECURITY AND INSURANCE: Broker is not responsible for Ii.ss of or damage to personal or real property, or person, whether attributable to use of a keysafWockbox. a showing of the Property. or otherwise.Third panties. including, but not limited to. appraisers. inspectors. brokers and prospective buyers, may have access to. and take videos and photographs of. the interior of the Property. Seller agrees: (i) to take reasonable precautions to safeguard and protect valuables that might be accessible during showings of the Property:and(ii)to obtain insurance to protect against these risks. Broker does not maintain insurance to protect Seller. 11.PHOTOGRAPHS AND INTERNETADVERTISING: A. In order to effectively market the Property for sale it is often necessary to provide photographs, virtual tours and other media to buyers Seiler agrees(or _If checked does not agree)that Broker may photograph or otherwise electronically capture images of the exterior and interior of the Property ("Images") for static and/or virtual tours of the Property by buyers and others on Brokers website.the MLS. and other marketing sites. Seller acknowledges that once Images are placed on the Internet neither Broker nor Seiler has control over who can view such Images and what use viewers may make of the Images, or how long such Images may remain available on the Internet. Seiler further agrees that such images are the property of Broker and that Broker may use such Images for advertisement of Brokers business in the future. 8. Seller acknowledges that prospective buyers and/or other persons coming onto the property may take photographs. videos or other images of the property. Seller understands that Broker does not have the ability to control or block the taking and use of Images by any such persons. (if checked)_ Seller instructs Broker to publish in the MLS that taking of Images is limited to those persons preparing Appraisal or Inspection reports. Seller acknowledges that unauthorized persons may take images who do not have access to or have not read any limiting instruction in the MLS or who take images regardless of any limiting instruction in the MLS. Once Images are taken and/or put into electronic display on the Internet or otherwise. neither Broker nor Seller has control over who views such Images nor what use viewers may make of the Images. 12.KEYSAFElLOCKBOX: A keysafe/lockbox is designed to hold a key to the Property to permit access to the Property by Broker. cooperating brokers. NILS paMananrs_ their au:honzeo licansaas and r@eprasantatives. authorized inspectors. and accompanied prospective boyars 3roker. cooperating brokers. MLS and Associatiors,$rards of REALTORS@ are not insurers against injury, :WL 'oss. vandalism or damage attributed m 7%o use of a"ysare:lockbcx Seller does(or if checked "(foes not)authorize Broker to gnstall a kaymfe-locf(box. If Seller does not occupy the Property, Seiler shall be responsible for obtaining oceupant(s)' written permission for use of a keysafellockbox(C.A.R. Form KLA)_ Sellers InihBls{ 1( > RLA REVISED 11113(PAGE 3 OF 5) RESIDENTIAL LISTING AGREEMENT.EXCLUSIVE(RLA PAGE 3 OF 5) pMdUcea wM apF— oY MV-0%K 18070 RMW We Roan FMSer%cftgan 4=1 �mni.aa�aaue corn 6044 inKord der 6044 Stafford Ave Property Address:Hurt ' n Park,CA 90255 Date:September 1,2015. 13.SIGN:Sailer does(or if Checked 7,does not)authorize Broker to install a FOR SALEISOLD sign on the Property. 14.EQUAL HOUSING OPPORTUNITY:The Property is offered in compliance with federal.state and local anti-discrimination laws 15.ATTORNEY FEES: In any action, proceeding or arbitration between Sailer and Broker regarding the obligation to pay compensation under this Agreement.the prevailing Seller or Broker shall be entitled to reasonable attorney fees and costs from the non-prevailing Seller or Broker,except as provided in paragraph I9A. 16.ADDITIONAL TERMS:-REO Advisory Listing 1CA.R_Form REOL i —Short Sale Information and AdvrWry(C.A.R. Form 331Ai Addendum IC.A.R, Form) All sales and all sale terms and conditions are subject to fln3l approval by the C*Council for Ma city of vamom 17.MANAGEff4EMT APPROVAL: ii'an associate-licensee in Broker's office(salesperson or broker-associate)enters into this Agreement on Bmisar's benalt_ and Droxer --r Manager does not approve of its terms. Broker or Manager has the right to cancel this Agreement. In wriptlg.w thin 5 Days After its execution. 1S.SUCCESSORS AND ASSIGNS:This Agreement shall be binding upon Seller and Sellers successors and assigns. 19.DISPUTE RESOLUTION: A. MEDIATION: Seller and Broker agree to mediate any dispute or claim arising between them regarding the obligation to pay compensation under 7tis Agreement. before m3orting to arbitration or court action. Mediation fees. if any, shall be divided equally among to pa*S Involved Ir. for grryr dispute or claim to which this paragraph applies, any party (i) commences an action w4havi 'Irst aGemloting ao resolwa Irm matter througY mediation or (ri) before commencement of an action. refuses to modlam after a request teas been made. than that party shall not be entitled to recover attorney fees. even if they would odharwisg oa availbbie w than party in any such a.-ticn, 71-II3 MEDIATION PROVISION APPLIES WHETHER OR NOT THE AR317RA T lgnr DROVIS,ON IS INITIALED Exclusions from this mediation agreement are specified in paragraph 19C. B. ARBITRATION OF DISPUTES: seller and Broker agree inat any dispute or claim in Law or equ4 arising between them regarding the obligation to pay compensation under this Agmernent. which Is net settled through mediation. shall be decided by neutral, binding arbitrattdrl. Tire amltrator shall be a rati red judge or f ustice. or an atlorrtAy with at lassr 5 years of residential real estate Law inxperianre, unless the parties mutuarly agree to a dMerent arbitrator. The parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance witti Titre Or of Pert 3 of the Cad• or Civil Procedure, .judgment upon the award of the arbitrator(s)may be entered Into any court having jurisdiction. Enforcement of thIs agreement to arbitrate shall be governed by the Federal Arbitradon Act.Exclusions from this arbitration aijr%omant are specifad In paragraph; 19C. "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION. YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION 13 VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." Seller's Initials 1 Broker's Initials C. ADDITIONAL MEDIATION AND ARBITRATION TERMS: The following matters shall be excluded from mediation and art}&adon. ;i) a judicial or non4udicial fnmclosure or other action or proceeding to anfarce a dead of trust, mortgage or Irlgtallrnent land sate eontract as dgflnod in CIwl Cade pus., (II) an unlawful detalner action; (1iI) the filing or anforcoment of a meehanIc's lion; and (Nv any matter that Is within the Juriadlction of a probate, small claims or bankr'ipicy court Ths filing of a court action to enable the recording of a notice of pending action. for order of attachment, receivership, Injunction, or other provisional remedies, shall not constitute a waiver or violation or the mediation and arbitration provisions. Sellers Initials( i RLA REVISED 11113(PAGE 4 OF 5) , RESIDENTIAL LISTING AGREEMENT-ILXCLUSNE(RLA PAGE 4 OF 5) ProWcad min apFmm®ny zimwm ?a070 Pftw Mile Road :rmw%tr%W 4M6 _vwwmW.0a1x-UM 60"Stafford.Are 6044 Stafford Ave Property Address:Huntington Parks A 90255 Data: September 1.2015 20.ENTIRE AGREEMENT, All prior discussions. negotiations and agreements between the partias wnceming the subject matter of this Agratmant are superseded by this Agreement which constit"s the entire contract and a=moot*ar:d exclusive expression of their agreement, and may not 1:4 Contradicted by ivid#nce of any prior agraement or contenVoraneous oral agreement. if any provision of this Agreement is held to be ineftctive or imralld_ the ramaining provWoris -will nevorthelass be given full force and efta This Agreement and any supplartfent, addendum or modHlcisdon_ inCILlding any pM=cogy or facsimile. may be executed in counterparts_ 21.OWNERSHIP,TITLE AND AUTHORITY: Seller warrants that: (i)Seller is the owner of the Property: (li)no other persons or entities have titre to the Property: and (N) Seller has the authority to both execute this Agreement and sell the Property. Exceptions to ownership.title and authority are as follows: REPRESENTATIVE CAPACITY: This addendum is being signed for Seller by an individual acting in a Representative Capacity as spaded in the attached Representative Capacity Signature Disclosure(CA.R. Form RCSD). Wherever the signature or initials of the representative idendfled in the RCSO appear on this Agreement or any related documents,tt shall be deemed to be in a representative capacity for the entity described and not in an individual capacity, unless otherwise indicated. Seller(i) represents that the entity for which the individual is signing already exists and (li)shall Deliver to Broker,within 3 Days After Execution of this Agreement evidence of authority to act(such as but not limited to: applicable trust document or portion thereof, letters testamentary. court order. power of attorney, resolution,or formation documents of the business entity), By signing below, Seller acknowledges that Seiler has read, understands, received a copy of and agrees to the terms of this Agreement, Seller Data 'lar"aev�yF.7 Address city State Zip Telephone Fax _ Et7 Seller Date Address city S?ate Zip _ Telephone _ Fax _ _ Email Real Estate Broker(Firm)Century 2'l A11stars _Cal BRE Uc #01280965 By{Agent) Luther Sanchez Cal BRE Uc#01226461 _ Date Address 9155 Telegraph Rd 2nd Floor City Pico Rivera State CA Zip 90660 Telephone(562)755.9387 Fax(562)381-7140 Email malesticbroker10- all.com G iggl,2M3 Cmfccmea+.sr�ncaW N RE�LTQR V nc .,roan Etc"3zpN right tax time 17 U_S cow)fofbias the unaumot¢ea astrmuuon misplay ai d reproouti)on pr+hls ,wm or airy paC'�II rrtffw ❑g nrKjoaApv rm&ctnln*or ww un&r+eans rtl6Cing'ac Mfie or computen7ecl ton AIS 74ts PUPAI HAS SEEN APERCVFL !Pe-7-1E^+LL FORMA ASSGCL %t4 OF REALTORS@ SCAR).NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCLrRAC'f rya 4N*' PR AStON rN AW SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON OUALIFIED TO ACVISE ON REAL `STATE TRANSACTIONS IF YOu DESIRE LEGAL OR TAX ADVICE.CONSULT AN APPROPRIATE PROFESSIONAL Ue U PublishW arts DSviWed ov- REAL ESTATE BUSINESS SERVICES.INC_ a sub&wry orfhe Cae wno Assocrabon orREALTORSS 525 Scum Vrgi Avenue Los Angeles CWfbmia 90028 lRewetiein by Care l RLA REVISED 11113(PAGE 5 OF 5) RESIDENTIAL LISTING AGREEMENT-BXCLUSIIVS(RLA PAGE 5 OR 5) ?tOMOM wren vnFormt oy ZlpLoga 13070 FrMW Nile Roast FraW VdCr" t 48023 N=12 UM LC n A"Stafford ATE a' CALIFORNIA ASSOC I AT ION SELLER'S ADVISORY OF F R t= 4 L i 0 R% c (C.A.R.Form SA,Revised 11113) Property Address: 6044 Stafford Ave Human R park CA 90255 ("Property") 1. INTRODUCTION: Selling property in California is a process that involves many steps. From start to finish. it could take anywhere from a few weeks to many months. depending upon the condition of your Property, local market conditions and other factors- You have already taken an important first step by listing your Property for sale with a licensed real estate broker. Your broker will help guide you through the process and may refer you to other professionals, as needed.This advisory addresses many things you may naed to think about and do as you market your Property Some of these things are requirements imposed upon you, either by law or by the listing or sale contract Others are simply practical matters that may arise during the process. Please read this document carefully and.if you have any questions. ask your broker or appropriate legal or tax advisor for help. 2. DISCLOSURES: A. General Disclosure Duties: You must affirmatively disclose to the buyer, in writing, any and all known facts that materially affect the value or desirability of your Property. You must disclose these facts whether or not asked about such matters by the buyer. any broker. or anyone else. This duty to disclose applies even if the buyer agrees to purchase your Property in its present condition without requiring you to make any repairs- If you do not know what or how to disclose, you should consult a real estate attomey in California of your choosing. Broker cannot advise you on the legal sufficiency of any disclosures you make If the Property you are selling is a residence with one to four units except for certain subdivisions. your broker also has a duty to conduct a reasonably competent and diligent visual inspection of the accessible areas and to disclose to a buyer all adverse material facts that the inspection reveals. If your broker discovers something that could indicate a problem, your broker must advise the buyer. S. Statutory Duties:(For one-to-four Residential units): (1) You must timely prepare and deliver to the buyer. among other things. a Real Estate Transfer Disclosure Statement(70S"), and a Natural Hazard Disclosure Statement("NHD"). You have a legal obligation to honestly and completely fill out the TDS form in its entirety. (Many local entities or organizations have their own supplement to the TDS that you may also be asked to complete.)The NHO is a statement indicating whether your Property is in certain designated flood. fire or earthquake/seismic hazard zones.Third-parry professional companies can help you with this task. (2) Depending upon the age and type of construction of your Property. you may also be required to provide and. in certain cases you can receive limited legal protection by providing, the buyer with booklets entitled"The Homeownees Guide to Earthquake Safety."'The Commercial Property Owner's Guide to Earthquake Safety.""Protect Your Family From Lead in Your Home"and "Environmental Hazards: A Guide For Homeowners and Buyers."Some of these booklets may be packaged together for your convenience- The earthquake guides ask you to answer specific questions about your Property's structure and preparedness for an earthquake. If you are required to supply the booklet about lead,you will also be required to disclose to the buyer any known lead-based paint and lead-based paint hazards on a separate form. The environmental hazards guide informs the buyer of common environmental hazards that may be found in properties. (3) If you know that your property is: (I) located within one mile of a former military ordnance location: or(!I)in or affected by a zone or district allowing manufacturing, commercial or airport use. you must disclose this to the buyer. You are also required to make a good faith effort to obtain and deliver to the buyer a disclosure notice from the appropriate local agency(iss)about any special tax levied on your Property pursuant to the Mello-Roos Community Facilities Act. the Improvement Bond Act of 1915- and a notice concerning the contractual assessment provided by section 5898.24 of the Streets And Highways Code (collectively."Special Tax Disclosures'). (4) If the TDS. NHD. or lead, military ordnance. commercial zone or Special Tax Disclosures are provided to a buyer after you accept that buyer's offer, the buyer will have 3 days after delivery (or 5 days if mailed)to terminate the offer.which is why it is extremely important to complete these disclosures as soon as possible. There are certain exemptions from these statutory requirements; however, if you have actual knowledge of any of these Items. you may still be required to make a disclosure as the items can be considered material facts. C. Death and Other Disclosures: Many buyers consider death on real property to be a matsrtal fact in the purchase of property. In some situations. It is advisable to disclose that a death occurred or the manner of death:however. Califomia Civil Code Section 1710.2 provides that ysw have no 0jWo54rgk djiY 'where the death has occurred more than three years prior to the date the transferee offers to purchase. lease. or rent the real property. or[regardless of the date of occurrence]that an occupant of that property was afflicted with. or died from. Human T-Lymphotropic Virus Type III/Lymphadenopathy-Associated Virus." This law does not"immunize an owner or his or her agent from making an intentional misrepresentation in response to a direct inquiry from a transferee or a prospective transferee of real property conceming deaths on the real property." D. Condominiums and Other Common Interest Subdivisions: If the Property is a condominium townhouse.or other property in a common interest subdivision. you must provide to the buyer copies of the governing documents, the most recent financial statements distributed. and other documents required by law or contract. If you do not have a current version of these documents. you can request them from the management of your homeowners association. To avoid delays, you are encouraged to obtain these documents as soon as possible even if you have not yet entered into a purchase agreement to sell your Property- The copyr'gnt aws of me United Stam(Tills 17 U S Cmis i forbid the unauthortzad rnfol uclwn of this Form or any portron Irkere& by photocopy macm ne or any olflw means, in"r]g facsanile or cominutarized formats Cocynght-A 199'-2013 CALIFORNIAASSOC`AT10N 01:REALTORSO INC ALL RIGHTS RESERVED Sellers Initials{` SA REVISED 11113(PAGE 1 OF 2) i R v,*a bi, _ SBLLrLR-S ADVI50RY(SA PAGa i OF 2) - - - Cearu,_l Arruan.N?--TekWxpk Are.:id F bar Pare Rtrr C A AW Pham,(56n'SS-9w Fax (W)941 a:'g 60N Stallard Are Lu�rr SaerLe¢ r:V;3C..hr:._r h.^.rS 4=LOW 72070 Rheh Via Road Fraser.Wichujw 48026 .rww�oLaao�cerrt 6044 Stafford Ave Prppary Aadress fiunrir ND FG CA 90255 Date September 1,2015 3_ CONTRACT - A. Contract Terms and Conditions: A buyer may request, as part of the contract for the sale of your Property, that you pay for repairs to the Property and other items. Your decision on whether or not to comply with a buyer's requests may affect your ability to sell your Property at a specified price. B. Withholding Taxes: Under federal and Califomia tax laws. a buyer is required to withhold a portion of the purchase price from your safe proceeds for tax purposes unless you sign an affidavit of non-foreign status and California residency, or some other exemption applies and is documented. C. Prohibition Against Discrimination: Discriminatory conduct in the sale of real property against individuals belonging to legally protected classes is a violation of the taw. D. Government Retrofit Standards: Unless exempt you must comply with government retrofit standards. including, but not limited to. installing operable smoke detectors. bracing water heaters. and providing the buyer with corresponding written statements of compliance. Some city and county governments may impose additional retrofit standards, including, but not limited to, installing low-flow toilets and showerheads, gas shut-off valves. tempered glass. and barriers around swimming pools and spas. You should consult with the appropriate governmental agencies. Inspectors, and other professionals to determine the retrofit standards for your Property_the extent to which your Property complies with such standards.and the costs,ii any.of compliance. E. EPA's LF-AD45ASED PAINT RENOVATION, REPAIR AND PAINTING RULE: The new rule requires that contractors and maintenance professionals working in pre-1978 housing, child pre facilities, and schools with lead-based paint be certified: that their employees be trained; and that they foiiow protective work practice standards. The rule applies to renovation, repair. or painting activities affecting more than six square feet of lead-based paint in a room or more than 20 square feet of fead-based paint on the exterior. Enforcement of the rule begins October 1. 2010. See the EPA website at www.apa.gov/lead for more information. F. Legal, Tax and Other Implications: Selling your Property may have legal_tax. insurance. title or other implications. You should consult an appropriate professional for advice on these matters. 4. MARKETING CONSIDERATIONS: A. Pre-Sale Considerations: You should consider doing what you can to prepare your Property for sale, such as correcting any defects or other problems. Many people are not aware of defects in or problems with their own Property. One way to make yourself aware is to obtain professional home inspections prior to sale. both generally. and for wood destroying pests and organisms, such as termites_ By doing this, you then have an opportunity to make repairs before your Property is offered for sale_ which may enhance its marketability. Keep in mind. however that any oroblatns revealed by sq,ch In oat on reports or repairs that have been made,whether or not disclosed ie a report, should be dlsclosvd to she Wyer(see -Slaclosuras' in paragraph 2 above).This is true even if the buyer gets his/her own inspections covering the same area. Obtaining inspaction reports may also assist you during contract negotiations with the buyer. For example. if a pest control report has both a primary and secondary recommendation for clearance, you may want to specify in the purchase agreement these racommendaaons_ 4 any_ for-which you are going to pay. S. Post-Sale Protections: It is often helpful to provide the buyer with, among other things,a home protection/warranty plan for the Property. These plans will generally cover problems. not doomed to be pre-existing,that occur after your sale is completed_ In the event something does go wrong after the sale, and it is covered by the plan. the buyer may be able to resolve the concem by contacting the home protection company. C. Safety Precautions: Advertising and marketing your Property for sale. including. but not limited to, goading open houses, placing a keysafe/lockbox, erecting FOR SALE signs. and disseminating photographs. video tapes. and virtual tours of rho prarnfses. may jeopardize your personal safety and that of your Property. You are strongly encouraged to maintain insurance. ants to :ake any and all possible precautions and safeguards to protect yourself. other occupants, visitors, your Property, and your belongings, including cash. jewelry. drugs, firearms and other valuables located on the Property. against injury, theft. foss, vandalism.damage. and other harm- D. Expenses: You are advised that you, not the Broker, are responsible for the fees and costs. if any. to comply with your duties and obligations to the buyer of your Property 5. OTHER ITEMS: Seiler has read and understands this Advisory. By signing below. Seller acknowledges receipt of a copy of this document. Seiler ..._ Date Print Name Vernon City Seller _ _ _ Date Print Name Real Estate Broker Cep ry 21 Allstars By.— Date IAaenl)Z&ar Senutevz Address 9155 Tole amph Rd 2nd Floor City Pico Rivera State CA Zip M60 Telephone(562)755-9387 Fax(562)381-7140 E-mail majesdcbrokerlt-amail.com THIS FORM HAS BEEN APPROVED BY THE CALiFORNA ASSOQATOk OF REALTORSO (CAR_) NO REPRESENTATION iS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION 'N ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS T14E PERSON DUAL RED TO ADVISE ON REAL ESTATE TRANSACTEONS_iF YCU DESIRE LEGAL OR TAX AOIACE CONSULT AN..APPROPRATE PROFESSIONAL This corm is arartaow for use by the errbre r9ai eshme industry It 5 not emended M Eder* the user as a REALTOR& REaLTORt s a mgwtem cotecchve mw*SrsMg mark +filch may tIe used onry ay meMters of me NATIONAL.-SL O IATION OF REALTORS&wr4 sumcnbe w rt3 Code of Ethg_ r'U MA Nd end Odjrft�ty. qEAL. .NC Renewedby�Date J 4XWW r9Fr'M arty y',.Sgpaboi V REV_70R$S 5Z%Wts'-0 afkj* Lac Argpm.CalYbttrea 9M,,J SA REVISED 11/13(PAGE 2 OF 2) SELLER'S ADVISORY ISA PAGE 2 OF 2) M Produced,mih zpFai- by ZIPL .Ora 111070 a MW Mete Road Frr.W Midnan 48MOS wwwVOL0,MM 6M Stafford ATe i C A L f F O R N 1 A ADDENDUM AN ASSOCIATION I%Wo OF R E A L T O R S e (C.A.R.Form ADM,Renlsed 4/12) No. 1_ The following terms and conditions are herby incorporated in and made a part of the: Residential Purchase Agreement, _� Manufactured Horne ]e Purchase Agreement. , Business Purchase Agreement Residential Lease or Month-to-Month Rental Agreement. Vacant Land Purchase Agreemeri — R"citrift Income Property Purchase Agreement. ] Commercial Property Purchase Agreement. g'Other Rasldentlal LJ*P9 A+rreem@nt _ dated SGP ember i.2615 . on property known as 6044 Stafford Ave _ Huminaton Park,CA 90255 In which is raft-2- tC as i;Buyer!T.-narrk ) arcs yiamn city is refan%d to as i'SallerA_andlord'). Sec#fop 7: Last sentence shah toad, `Seiler furtheraaraes fo irRdemnlfY. olefend artd hold rgroRof liartrtieas front an alalrrrs, dls ores, 1#ti .1donL Ludgments,auamey foes and casts arishra fnm any h7correct WbrmaVon sunofled by.Sailer as a result of rosy_ vgli[rer�c�r ar wllrfr�P mrBC+vrtduci only or fr+arr�env rrratanlaI facts that S&W knom buff fails to dfacfo".' The foregoing terms and conditions are hereby agreed to. and the undersigned acknowledge receipt of a copy of this document. Date Date BuyerlTenant _ Seiler!Landlord _ Vernon City Buyerfrenant Seller/Landlord The copyright laws of the United Slates F7Ate 17 Il S Code)Forbid the unauthorized reproduction of this form or any portion thereof, by photocopy machine or any other means induding FaaQmYe or computerized formats CopyrighLC 1986-2012 CALIFORNIA ASSOCIATION OF REALTORS&INC. ALL RIGHTS RESERVED THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTOM(CAR) NO REPRESENTATION IS WWe AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION M ANY SPECIFIC TRANSACTION_ A REAL ESTATE BROi(ER iS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS F YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL This form is avaliabie for use by the entire real estate industry It is riot intended to klandy the user as a REALTORe REALTORO is a registered collective mambership mark wNch may be used only Fay memb n;of the NATIONAL ASSOCIATION OF REALTORSM whe subsenbe to its Code of Ethics r rhutWW3 a,T E RLON ea D. a REAL E3't,;T &�r,fSSSEPViCgS,1#+C 3°,i`tsak'z 9.'14:&"Y &Aim 70 V-L"!,t3t 5'.5 5iw[M VWW{ffiffl i LW u+geas aIAVFa % Reveewea ny Date ADM RGMSED 4112(PAGES 1 OF 1) ADDENDUM(ADM PAGE 1 OF 1) C'rp;4r- :I.iger:sgl3?T�apaAw.YdFLaelle`Rt�*eLC31Uff� r�PM'f#'fN'S'?�!_�6' 5� 4.�E'314]7:^� dbg5laffiar�.�sx 'ONC A L 1 F O R N I A DISCLOSURE REGARDING A S S OC I A T i O Ni REAL ESTATE AGENCY RELATIONSHIP If OF R E A L T O R% e (Listing Firm to Seller) (As required by the Civil Code) (CAR.Form AD,Revised 12f14) _ (If checked) This form Is being provided in connection with a transaction for a leasehold interest exceeding one year as per Civil Code section 2079 13(k)and(1) When you enter into a discussion with a real estate agent regarding a real estate transaction. you should from the outset understand what type of agency relationship or representation you wish to have with the agent in the transaction SELLER'S AGENT A Seller's agent under a listing agreement with the Seller acts as the agent for the Seller only_A Seller's agent or a subagent of that agent has the following affirmative obligations_ To the Seller A Fiduciary duty of utmost care.integrity,honesty and loyalty in dealings with the Seiler To the Buyer and the Seiler (a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the panes An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above BUYER'S AGENT A selling agent can, with a Buyers consent agree to act as agent for the Buyer only In these situations. the agent is not the Sellers agent even if by agreement the agent may receive compensation for services rendered either in full or in part from the Seller An agent acting only for a Buyer has the following affirmative obligations To the Buyer A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Buyer To the Buyer and the Seller- (a) Diligent exercise of reasonable skill and care in performance of the agent's dutes (b) A duty of honest and fair dealing and good faith (c) A duty to disclose all falls known to the agent materially affecting time value or desirability of the property that are not known to. or within the diligent attention and observation of,the parties An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve Me affirmative duties set forth above AGENT REPRESENTING BOTH SELLER AND BUYER A real estate agent.either acting directly or through one or more associate licensees can legally be the agent of both the Seller and the Buyer in a transaction_ but only with the knowledge and consent of both the Seller and the Buyer In a dual agency situation,the agent has the following affirmative obligations to both the Seller and the Buyer (a) A fiduciary duty of utmost care integrity,honesty and loyalty in the dealings with either the Seller or the Buyer (b) Other duties to the Seller and the Buyer as stated above In their respective sections In representing both Seller and Buyer. the agent may not, without the express permission of the respective party, disclose to the other parry that the Seller will accept a price less than the listing price or that the Buyer will pay a price greater than the price offered- The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own interests You should carefully read all agreements to assure that they adequately express your understanding of the transaction A eal estate agent is a person qualified to advise about real estate If legal or tax advice is desired consult a competent professional_ Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting In the transaction The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form_You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction. This disclosure form includes the provisions of Sections 2079.13 to 2079.24,inclusive,of the Civil Code set forth on page 2_ Read it carefully. I1WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE AND THE PORTIONS OF THE CIVIL CODE PRINTED ON THE BACK(OR A SEPARATE PAGE). Buyer Seiler❑Landlord 0 Tenant Date vern""cnr Buyer J Setter❑Landlord Tenant Date Agent Century 21 All:ran BRE Ur- v 01280965 Real stage Broker;Firmi Ry _ BRE L!c T 012M61 Date ($ak ispargrm of Dr r-ASSc Tate i LuVw Sarrahaz -— Agency Disclosure Compliance(Civil Code§2079 14) . When the listing brokerage company also represents Buyer.'Tenant The Listing Agent shall have one AD form signed by Seller,Landlord and a different AD form signed by BuyerfrananE . When Selleal-andlord and BuyerfTenant are represented by different brokerage companies (i)the Listing Agent shall have one AD form signed by SellerrLandlord and oi) the Buyers;Tenant's Agent shall have one AD form signed by Buyen'Tenant and either that same or a different AD form l presented to SellerlLandiord for signature prior to presentation of the offer if the same form is used Seger may sign here (Sri I FRILANDLO. D:-Ql7 NOi SIGN HERE) _ _ 4gar i ERR NDL_nwn•DO RQJ AMKU SellWI-andtom Date SMIerrLaimdkDrd Date The copyright laws or the united States(Titie 17 J S Code)rorbid time unauthoraed reproduction of this form or aay portion thereof by photocopl• machlne or any other means imiuding facsirniie or computerized formats. Copyrlgnre5991-2o10 CALIFORNIAASSOCATIONOFREALTORS® INC_ Fteti'Ie5'Wby Date ALL RIGH'S RESERVED AD REVISED 12114(PAGE 1 OF 2) DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP(AD PAGE 1 OF 2 Cennu7 11 AM=m H-55 TekVzph.1kre.:.d F kar Pica Rh-m.CA 99W pq p&* 13iLF f3s' Fax (4fin fit!"C Lwhrr 3�uiirr ProQucad-N Z10FOI'm'S i 7 C 6ULr 5oBord Are ay 7plOga SD p �R..,...7e!!e Road.P•aser MlCrilgan 3Efi16 xri' �_� CML CODE SECTIONS 207914(2079.16 APPEARS ON THE FRONT) 2079.13 As used in Sections 2079_14 to 2079.24 inclusive the hollowing terms Have the following meanings-(a)Agenr means a person acting under provisions of Title 9(commencing with Section 2295)in a real properly¢ansaction and includes a person who is licensed as a real estate broker under Chapter 3(commenang with Section 10130)of Part 1 of Division 4 of the Business and Professions Code and under whose license a listing its exewted or an offer to purchase 6 obtained (b) -Associate licensee"means a person who r5 licensed as a real estate broker or salesperson under Chapter 3(commencing with Section 10130)of Part 1 of Division 4 of the Business and Professions Code and who cs enner hCensed under a broker or has entered into a Wrtten contract with a broker to act as the broker's agent In connection with acts requiring a real estate license and to function under the brokers supervision in the capacity of an associate licensee The agent m the real property transaction bears responsibility far his or her associate licensees who perform as agents of the agent When an associate licensee owes a duty to any principal,or to any buyer or seller who is not a principal in a real property transacion,that duty is equivalent to the duty awed to that party by the broker for whom the associate licensee functions (a)'Buyer'means a transferee in a real property transaction and includes a person who exert an offer to purchase real property from a seller through an agent or who seeks the services of an ager t in more than a casual transitory or prefimmary manner with the objeu of entering into a real property transaction. 'Buyer' Includes vendee or lessee (d)-Commercial real property' means all real property in the state except single4Amiy residential real property,dwe"units made subject to Chapter 2(commencing with Section 1940)of Title 5_nu bilehomes,as defined in Section 798.3 or recreational vehicles as defined in Section 799.29 (a)'Dual agent means an agent acting eliher directly or through an associate licensee as agent for both the seller and the buyer in a real property transaction (f)'Lisbng agreement'means a contract between an owner of real properly and an agent,by which the agent has been authorized to sell the real property or to find or obtain a buyer (g)'Lrsbng agent'means a person who has obtained a listing of real property to act as an agent for compensation_(h)'Listing price'is the amount expressed In dollars specified in the fisting for which the seller is willing to sell the real property through the listing agent(i)-Offenng price'cs the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property 0)'Offer to purchase'means a written conbac executed by a buyer acting through a selling agent that becomes the contract for the sale of the real property upon acceptance by the seller (k)'Real property'means any estate specified by subdivision(1)or(2)of Section 761 n property that constitutes or is improved wah one to four dwelling units any commercial real property any leasehold in these types of property exceeding one years duration.and matrlehomes.when offered for sale or sold through an agent pursuant to the authority contained in Section 10131-6 of the Business and Professions Code (1)`Real property transaction'means a transaction for the sale of real property in which an agent is employed by one or mom of the principals to act in that transaction and inckides a listing or an offer to purchase-(m)'Sell-''sate-'or'sold"refers to a transaction for the transfer of real property from the se Bel in the buyer and includes exchanges of real property between the seW and'buyer transactions for the creation of a real property sales contract within the meaning of Secbon 2985 and transactions for the creation of a leasehold exceeding one years duration (n)-SeRW means the transferor in a real property transacon and-includes an owner wino fists real property with an agent,whether of not a transfer results or who receives an offer to purchase real property of which he or she is the owner from an agent on behalf of another `SelLr includes both a vendor and a lessor (o)`Selling agi means a fisting agent who acts alone.or an agent who ace in moperation with a ltsting agent,and who sells or fords and obtains a buyer for the real property or an agent lobo locates property far a buyer or who finds a buyer for a property for which no rising exists and presents an offer to purchase to the seller (p)'Subagent' means a person to whom an agent delegates agency powers as provided in Arbcne 5(commencing with Section 2349)of Chapter 1 of Title 9 However 'subagent does not include an associate licensee who is acting under the supervision of an agent in a real property transaction 2079.14 Lis" agents and selling agents snag provide the seller and buyer in a real property transaction with a copy of the disclosure form specified in Section 2079-16.and,except as provided in subdivision(c). shall obtain a signed acknowledgement of receipt from that seller or buyer except as provided in this section or Section 2079-15,as follows-(a)Tree listing agent,4 any shall provide the disclosure form m the seller prior to entering Into the listing agreement(b)The selling agent shall provide the disclosure form to the seller as soon as practicable pw to presenting the seller with an offer to purchase unless the selfng agent previously provided the seller with a copy of the disclosure form pursuant to swalivision(a)_(c)Whefe the setting agent does not deal on a face-to-fare basis;with the seller the disclosure form prepared by the selling agent may be furnished to the seller(and acknowledgement of receipt obtained for the selling agent from the seller)by the listing agent- or the selling agent may deliver tfhe disclosure form by certified mail addressed to the seller at his or her last known address in which no sigrhed admowledgemem of receipt is required (d)The selling agent shall provide the disc re form to the buyer as soon as practicable prior to execution of the buyers offer to purchase except that if the offer to purchase is not prepared by the selling agent the selling agent shall present the disclosure form to the buyer not later than the next business day after the selling agent receives the offer to purchase from the buyer 21379.15 to any circumstance in which the seller or buyer refines to sign an acknowledgement of receipt pursuant to Section 2079 14 the agent or an associate licensee acting for an agent shall set forth sign,and date a wrili declaration of the fans of the refusak 2079.16 Reproduced on Page 1 of this AD form 2079.17(a)As soon as practicable,the selling agent shall disclose to the buyer and seller whether the selling agent is acting In the real property transaction exclusively as the buyers agent exckisivety as the sellers agent,or as a dual agent representinig both to buyer and the seller This relationship shall be confirmed in the Cnrritact to purchase and sell real property or in a separate rvmng exreand or acknowledged try the seller the buyer_and the selling agent pm to or Coincident with execution of that contract by dw buyer and Me sever respe�k" (b)As soon as pile-Me rising agent shall disclose m the seller whether the listing agent its acting D the real property transaction exclusvey as the sellers agent or as a dual agent representing bath the toyer and setter This retabonsfbp shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller and the fisting agent prior to or coincident with tine execution of that ConiraCt by the seller (e) The confirmation required by subdivisions(a)and(b)shall be in the following form DO NOT COMPLETE SAMPLE ONLY)_ is the agent of(check one)-=the seller exclusively or-both the buyer and seller i Name of Listing Agent) (DO NOT COMPLETE SAMPLE ONLY) is:he agent of(check one) =the buyer exclusively or=the sailer exclusively or (Plante of Selfng Agent if not the same as the Listing Agents ::both the buyer and seller (d) The disclosures and confirmation required by this section shall be in addition to the disclosure required by Section 2079 14 2079.10 No seflliing agent in a real property transaction may act as an agent Vf the buyer only,when the selling agent its also arching as the listing agent in the transaction 2072.19 The payment of compensation or time obligation to pay compensation to an agent by the seller or buyer its not necessarily determinative of a particular agency relationship between an agent and the seller or buyer A listing agent and a selling agent may agree to share any compensation or commission paid, or any right to any compensation or commission for which an obligation anses as the result of a real estate transaction and the temis of any such agreement shall not necessarily be determinative of a particular relationship 2079.20 Nothing in this article prevents an agent from selecting, as a condition of the agent's employment a specrfic form of agency relationship not specmcatly prohibited by than article if the requirements of Section 2079 14 and Section 2079 17 are complied with 2079.21 A dual agent shall not disclose M the buyer that the seder is witting to sell the property at a price km than the fisting price•without the express written consent of the seller A dual agent shall not disclose to the seller that uhe buyer s wiling to pay a price greater than the offering price,without the express written consent of the buyer.This section does not after in any way the duty of responsibttiry of a dual agent to any pnncWl with respect to confidential infm7nabon other than price 2079.22 Nothing in this article precludes a listing agent from also being a selling agent, and the combination of these functions in one agent does not of itself, make that agent a dual agent 2079.23 A contract between the pnncipai and agent may be modified or altered to change the agency relationship at any time before the performance of the act which is the object of the agency wish the written consent of thhe parties to the agency relationship 2072.24 Nothing in this article shall be construed to atier diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees. subagents and employees or to relieve agents and their associate licensees subagents and employees from liability for their conduct in connection with acts governed by this article or for any breach of a fiduciary duty or a duty of disclosure P-,mtstted and Dembmea uy REAL ESTATE t3tA5MESS SERVICES INC a wbmi nary of the:a lib m,a 4ssae-aem of REAL^JR& I Revie:aed bit date 525 Soma Vro Avenue Los bngeres Canifomiha 90020 AD REVISED 12i14(PAGE 2 OF 2) ' DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP(AD PAGE 2 OF 2) ',Oduced.wtt`npFwA by mplatha IS070 PRew tide Road Fraser%UcNan 4=3 .vvv zminait cirri 60">irOord Are C A L I F 0 R N I A ASSOCIATION POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER �. OF R @ A L T[T R S a OR SELLER - DISCLOSURE AND CONSENT (C-A-R-Form PRIM 11114) A real estate broker(Broker),whether a corporation, partnership or sole proprietorship, may represent more than one buyer or seller. This multiple representation can occur through an individual licensed as a broker or salesperson or through different individual broker's or salespersons (associate licensees)acting under the Broker's license_ The associate licensees may be working out of the same or different office locations. Multiple Buyers: Broker(individually or through its associate licensees) may be working with many prospective buyers at the same time. These prospective buyers may have an interest in, and make offers on,the same properties. Some of these properties may be listed with Broker and some may not. Broker will not limit or restrict any particular buyer from making an offer on any particular property whether or not Broker represents other buyers interested in the same property. Multiple Sellers: Broker(individually or through its associate licensees) may have listings an many properties at the same time_ As a result. Broker will attempt to find buyers for each of those listed properties_ Some listed properties may appeal to the same prospective buyers. Some properties may attract more prospective buyers than others. Some of these prospective buyers may be represented by Broker and some may not. Broker will market all listed properties to all prospective buyers whether or not Broker has another or other listed properties that may appeal to the same prospective buyers. Dual Agency: If Seller is represented by Broker. Seller acknowledges that broker may represent prospective buyers of Seller's property and consents to Broker acting as a dual agent for both seller and buyer in that transaction. If Buyer is represented by Broker buyer acknowledges that Broker may represent sellers of property that Buyer is interested in acquiring and consents to Broker acting as a dual agent for both buyer and seller with regard to that property. In the event of dual agency, seller and buyer agree that: (a) Broker. without the prior written consent of the Buyer. will not disclose to seller that the Buyer is willing to pay a price greater than the offered price; (b) Broker, without the prior mrritten consent of the seller, will not disclose to the buyer that seller is willing to sell property at a price less than the listing price-, and (c) other than as set forth in (a) and (b)above. a dual agent is obligated to disclose known facts materially affecting the value or desirability of the property to both parties. Offers not necessarily confidential: Buyer is advised that seller or listing agent may disclose the existence, terms, or conditions of buyer's offer unless all parties and their agent have signed a written confidentiality agreement Whether any such information is actually disclosed depends on many factors, such as current market conditions,the prevailing practice in the real estate community. the listing agent's marketing strategy and the instructions of the seller. Buyer and seller understand that Broker may represent more than one buyer or more than one seller and even both buyer and seller on the same transaction and consents to such relationships. Seller and/or Buyer acknowledges reading and understanding this Possible Representation of More Than One Buyer or Seller-Disclosure and Consent and agrees to the agency possibilities disclosed. Seller Vernon City Date Seller __ Date --- Buyer Date _ Buyer — - — — Date Real Estate Broker(Firm) Century 21 Alfstars _ CaIBRE Uc#01280965 Date By CaIBRE Lic#01226461 Date Luther Sanchez Real Estate Broker(Firm) CalBRE Lic# _ Date By CalBRE Lic# Date C 2014,Calrtomia Association of REALTORSS irk Unrtm States copyrgnt law c7ne 17 1—s Code)frnnlds the unauthcnzea aISI M11oR wptay and aeproducnon or mis roar/ or any portion thereor.by photocopy machine or arty other means.Including fat mde or computen7ed formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSa ICAR l-VO REPRESENTATION IS?.LADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE_CONSULT AN APPROPRIATE PROFESSIONAL- This rom Is made avaaanle to rear estate professionals through all agreement with or ptucliase from the California Association or REALTORSis It 5 not Intendea to A*nktfy the user as a REALTOZ0 'REALTCRd is a registered codective membersnip mark*hick may be used only by members of Me NATIONAL ASSOCIATION OF REALTORSM who subscribe to its Code of Enitcs. Published and Distributed by REAL ESTATE BUSINESS SERVICES.INC 3 Su=ba7y orre Caxfom,a Associahon OFREALTORSi 525 South'Argd Avenue Los Angeles_C.Wftmia 9CO217 � Reviewed by�Date PRBS 11114(PAGE 1 OF 1) POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER OR SELLER(PROS PAGE 1 OF 1) Ceerms 11 Agua .910 TdegapY 1re-'rd Fl a Pies amen.CA 99ff0 Phoria:(MB'r3-9397 Fax:(5ri�')Se13:'3 403r SixEtisrd-�4r Ladrer saehex _ Produced w h npForm*by aptoalx 18070 Fiftem We Road,Frazer.Yicxq)an 43M ffl*L &M - CAL IFOItNIA * REPRESENTATIVE CAPACITY SIGNATURE DISCLOSURE ASSOCIATION (C.A.R.Form RCSD,R*vW*d 11114) �� OF lZE A LTO EZS a This form is not an assignment.It should not be used to add new parties after a contract has been formed. This is a disclosure to the Residential Purchase Agreement, k Residential Listing Agreement _Other _ _("Agreement"), dated 0WOV"15 , faf the property[mown as 60"Stafford Ave ("Property"), between ("Buye?, e, Broker) and Venn - _("Seller'). 1. W A. ESTATE:(1)Seller is an _estate, !=conservatorship,or �j guardianship identified by Superior Court Case name as Case# (2) The person(s) signing below is/are court approved representatives (whether designated as Sale or Co-Executor.Administrator, Conservator, Guardian)of the entity described in paragraph 1A1. B. TRUST: (1)The Property C assets used to acquire/lease the Property)is held in trust pursuant to a trust document dated titled (2)The person(s)signing below is/are Sole/Co/Successor Trustee(s)of the Trust. C. POWER OF ATTORNEY: —'Seller --Buyer -'Other: ("Principal") has authorized the person(s)signing below("Attomey-in-Fact'. 'Power of Attorney"or"POA") to act on hislher behalf pursuant to a General Power of Attorney C Specific Power of Attorney for the Property), dated - This form is not a Power of Attorney.A Power of Attorney must have already keen executed before this form is used, D. ENTITY: Seller Buyer _Other: is a _Corporation, Limited Liability Company, '_Partnership which has authorized the ofter(s), managing members)or partner(s) signing below to act on its behalf.An authorizing resolution of the applicable body of the entity described above 7. is is not attached. 2. The Party acting in a representative capacity represents that the entity for which that Parry is acting already exists. Representative Party: Entity Name (if POA, Sign Principal's Name) By (Representative Signature ) Print Title: _ (Print Representative Name) Date: Entity Name (if POA, Sign Principal's dame) By(Representative Signature ) Print Title: (Print Representative Name) _ Date: Acknowledgement of Receipt By Other Party: _Seller Buyer X Other: Broker (Signature) Date: (Print Name) (Signature) Date: (Print Name) :2014,Callroma Association of REALTORSar Inc unified states copvrgtn faro(Title 17 u S.Code)`or4rds-dw waudior¢ed dismbudon des y and reproduce on of ins 1bnf1. Or any portion thereof,try Pnotocooy machine or arty Omer means,Intruding far_simile or campuwrized rom18ls THIS FORM HAS BEEN APPROVED Sy THE CALIFORNIA ASSOCIATION OF REAf_TCRSea!CAR) NO REPRESENTATION IS MADE AS TO THE LEGAL VAL I Y OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE 'RANSACTICNS :F YOU DESIRE LEGAL OR TAX ADVICE CONSULT AN APPROPRIATE PROFESSIONAL. PE hed and OL4rril by REAL ESTATE BUSINESS SERVFCES INC- a 5 SouM aline ertue rLo A nplesort lribme TORS® _ 525 South vrgrt Avenue Las Angeles Caliromra 90020 Date RCSD REVISED 11114(PAGE 1 OF 1) Reviewed by REPRESENTATIVE CAPACITY SIGNATURE DISCLOSURE(RCSD PAGE 1 OF 1) i Cenmv 21 dllmm 9155 Telegoph Ire. ad Mor Pko 1.4reM CA 90660 Pfwne:,36I-1 IM-9-Ar Fai:r$50 MJO i a"Sruiord Ire Ln&er Saeka Pnoduoid wM 2VFor"5y MoW 18470 FILw We Road Ffwer.Mttlagan 49M3 w22 M,20 tom EXHIBIT D LIVING WAGE PROVISIONS Minimum t_ivina Wanes: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or$11.55 per hour without health benefits. Paid and Unpaid Days Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. 18 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. 19 F ■■■■NJ E 4 f k FE C;E ►CLY lly,9� AUG 2 4 z05 STAFF REPORT CLERK'SQV�1�E CITY A�7M1 1 �fRATION C1 FIRE DEPARTMENT DATE: September 1,2015 TO: Honorable Mayor and City Council FROM: Michael A. Wilson, Fire Chief /Mv— Originator: Adriana Ramos, Administrative Secretary RE: Donation and Release Agreement Revision between the City of Vernon and California Fire Museum and Safety Learning Center Recommendation A. Find that approval of the revised donation and release agreement is exempt under the California Environmental Quality Act ("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Enter into the donation and release agreement, in substantially the same form as submitted herewith, with California Fire Museum and Safety Learning Center("CFM") for the donation of a surplus 1964 Crown Fire Coach 2000 GPM Pumper and rescind all donation and release agreements in conflict therewith. Baclizround On July 7, 20I5 the City of Vernon City Council approved and authorized the execution of a donation and release agreement with CFM for the donation of a surplus 1964 Crown Fire Coach to use, retain or dispose of pursuant to the historical and educational purposes of the museum. CFM raised a few concerns with some of the wording on the original donation and release agreement and so to address that matter, a few minor revisions were made and an indemnification provision was added to the agreement. Fiscal Impact There is no fiscal impact associated with the revised donation and release agreement. Attachments] 1. Revised Deed of Gift to the California Museum and Safety Learning Center Page 1 of 1 of ru Ott r . ,V• 4305 Santa Fe Avenue,Vernon,California 90058 Telephone(323)583-8811 Deed of Gift to the California Fire Museum and Safety Learning Center I, W. Michael McCormick, Mayor of the undersigned Donor, hereby donate and convey on behalf of Donor, the physical property described in Section No. 2 below, to the California Fire Museum and Safety Learning Center ("CFM"), subject to the Terms and Conditions attached hereto, to use, retain or dispose of pursuant to the historical and educational purposes of said museum. 1. Donor Information: Agency Name: City of Vernon Agency Address: 4305 Santa Fe Avenue Vernon, CA. 90058 Telephone Number: (323) 583-8811 ext. 266 2. Description of Property: 1964 Crown Fire Coach 2000 GPM Pumper License Plate # 165024 Serial # F1377 Mileage 81,808 W. Michael McCormick, May Donor's Name and Title Donor's Signature Date Don Forsyth, President California Fire Museum and Safety Learning Center Representative Signature of Museum Representative Date Eacfusivefy Industriaf August 7, 2015 Page 2 Terms and Conditions The California Fire Museum and Safety Learning Center ("CFM") has accepted Donor's gift of the property described in Section No. 2 above (the "Property"), subject to the following terms and conditions: 1. During the time that the Property is in the possession or custody of CFM, the City of Vernon Fire Department, with the approval of the Fire Chief and with authorization from the City Council of the City of Vernon, will have the right to use the Property anytime it is needed for department related activities, by giving CFM a three (3) day notice of use. During the time the Property is in the possession or custody of the City, the City shall defend, indemnify and hold harmless CFM from and against all claims and damages asserted by City and/or any third parties arising out of or in any way related to the Property. Further, the City will return the Property to CFM in the same mechanical and cosmetic condition as when it was taken by the City. 2. The vehicle will be maintained or restored by CFM (at CFM's sole cost) to the condition it was in at the time of donation to CFM or better. 3. The City of Vernon Logo and the Vernon Fire Department lettering and numbering will be maintained or restored(if removed or altered by CFM). 4. Subject to paragraph 1, CFM will release Donor from all liability for this gift and comply with the following Donation Agreement and Release: City of Vernon,4305 Santa Fe Avenue,Vernon, California 90058-Telephone(323)583-8811 August 7, 2015 Page 3 Donation and Release Agreement This Agreement conveying a surplus Vehicle ("Agreement") is entered into by and between the City of Vernon (the "City") and the California Fire Museum and Safety Learning Center ("CFM")with reference to the following: Recitals CFM educates the general public through training programs and demonstrations in life safety practices using historical artifacts to bring to life the history of firefighting service and technology. Based on the foregoing, it is beneficial and appropriate that City support and facilitate the public safety education efforts of CFM. Agreement 1. City shall convey to the CFM a 1964 Crown Type 1 2000 GPM Pumper (F101) ("Vehicle"). Conveyance of said Vehicle shall be deemed to have taken place when the CFM takes delivery thereof. Said Vehicle is not warranted by City to be fit for any purpose and CFM accepts the Vehicle "as is". 2. Said Vehicle shall be inspected by a CFM representative at a time and place agreed upon by the parties prior to delivery. 3. Upon delivery of the Vehicle, City shall not be liable or in any other way responsible for any defects or for failure of the Vehicle to perform its intended purpose. 4. During the time that the Vehicle is in the possession or custody of CFM, City may use the Vehicle upon providing CFM three (3) days' notice. During the time the Vehicle is in the possession or custody of City, City shall defend, indemnify and hold harmless CFM from and against all claims and damages asserted by City and/or any third parties arising out of or in any way related to the Vehicle. Further, City will return the Vehicle to CFM in the same mechanical and cosmetic condition as when it was taken by City. 5. Subject to paragraph 4, City shall not be liable or in any other way responsible for any loss, damage, or injury to third parties arising from or caused by defects in the Vehicle or in any part thereof. The City of Vernon will maintain insurance for this Vehicle and will be listed as "Additionally Insured" under CFM's applicable insurance policy any time the Vehicle is used. 6. Subject to paragraph 4, CFM shall defend, indemnify and hold harmless City, its officers, directors, agents, employees and attorneys from and against all claims, suits and damages asserted by CFM and/or any third party arising out of or in any way related to the ownership, conveyance or use of said vehicle. City of Vernon,4305 Santa Fe Avenue,Vernon,California 90058-Telephone(323)583-8811 August 7, 2015 Page 4 7. CFM represents that the Vehicle will only be used to educate the public in fire technology, fire suppression and show the historical value of said Vehicle. 8. The Agreement shall be interpreted in accordance with the laws of the State of California, without regard to its conflict of laws rules. 9. By his signature below, Don Forsyth, President of CFM, represents that CFM is a legal entity authorized to make and enter into contracts and that he is authorized to bind CFM. In witness whereof, the parties hereto have executed the Agreement on the dates indicated below. City of Vernon By: W. Michael McCormick, Mayor Date Attest: Maria E. Ayala, City Clerk Approved as to form: Brian W. Byun, Deputy City Attorney The California Fire Museum and Safety Learning Center By: Don Forsyth, President Date City of Vernon, 4305 Santa Fe Avenue,Vernon, California 90058-Telephone (323)W-8811 -+: DECEIVED R E C EW E D 4 AUG 2 5 205 AUG 2 6 2015 r' &Lr IM CITY ADMINISTRATION CITY CLERK'S OFFICE STAFF REPORT VERNON GAS & ELECTRIC DEPARTMENT DATE: September 1,2015 TO: Honorable Mayor and City Council q�� FROM: Carlos Fandino Jr., Director of Vernon Gas & Electric Department Originator: Ali Nour, Utilities Engineering Manager RE: Request for Approval and Authorization of Utility Agreement No. 7UA-13129 by and between the City of Vernon and the Department of Transportation Recommendation A. Find that the approval of Utility Agreement No. 7UA-13129 with the Department of Transportation is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines §15301(b), because this approval will merely lead to the relocation of existing property, and such construction is, at most, a negligible alteration of the existing fixtures of the City's electric utility; and B. Approve the resolution to thereby permit the execution of a Utility Agreement No. 7UA- 13129 with the Department of Transportation (DOT), in substantially the same form submitted herewith, for relocation of City electrical lines, poles and fixtures currently inhibiting the I-710 expansion project. Background The State of California Department of Transportation proposes to replace the existing Gerald Desmond Bridge creating six new lanes on the 1-710 freeway. The City of Vernon owns and maintains existing underground electrical lines, two wood poles with lighting fixtures, and a guy wire in the area of proposed construction. This City property, which functions within the boundaries of the State's project schemata, requires relocation to accommodate the I-710 freeway widening plan. The roadway rehabilitation will result in better ride quality, enhance safety, and will reduce the need for maintenance. For example, the existing median barriers will be upgraded to concrete barriers which will, therefore, reduce the risk of vehicular crossovers. Additionally, construction of maintenance pullouts will reduce exposure of maintenance personnel to traffic, thereby enhancing safety. The relocation of the City property, per the DOT project plan, will provide Page 1 of 2 long-term benefits for the City, Department of Transportation, and local constituents and commuters alike. The DOT has provided staff with an agreement which will enable their organization to compensate the City of Vernon for the services required to relocate the fixtures noted within this staff report. Upon completion of the necessary work by City crews, a detailed invoice will be prepared that is aligned with the parameters dictated by the DOT. Staff will then proceed with the submission of said invoice to the DOT for expense reimbursement. Fiscal Impact The estimated cost to relocate City's facilities to accommodate the I-710 freeway widening project is $18,336, an expense which will be fully refunded by the State. Attachment(s) 1. State of California Department of Transportation Utility Agreement No. 7UA-13129 Page 2 of 2 RESOLUTION NO . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A UTILITY AGREEMENT NO. 7UA-13129 BY AND BETWEEN THE CITY OF VERNON AND THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION, FOR RELOCATION OF CITY ELECTRICAL LINES, POLES AND FIXTURES CURRENTLY INHIBITING THE I-710 EXPANSION PROJECT WHEREAS, the City of Vernon ( "City" ) is a chartered municipal corporation of the State of California that owns and operates a system for the generation, purchase, transmission, distribution and sale of electric capacity and energy; and WHEREAS, the State of California, acting through the California Department of Transportation ("Caltrans" ) , proposes to replace the existing Gerald Desmond Bridge creating six new lanes on the I-710 freeway; and WHEREAS, the City owns and maintains existing underground electrical lines, two wood poles with lighting fixtures, and a guy wire in the area of the proposed construction which functions within the boundaries of the State' s project schemata, and would require relocation to accommodate the I-710 freeway widening plan; and WHEREAS, by memo dated September 1, 2015, the Director of Gas & Electric has recommended the approval of the Caltrans Utility Agreement No. 7UA-13129 (the "Agreement" ) in order to receive reimbursement for the for the relocation of City electrical lines, poles and fixtures currently inhibiting the I-710 expansion project in the amount of $18, 336 . 00; and WHEREAS, the City Council of the City of Vernon desires to approve the Agreement . 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 recitals contained hereinabove 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) pursuant to CEQA Guidelines §15301 (b) , because this approval will merely lead to the relocation of existing property, and such construction is, at most, a negligible alteration of the existing fixtures of the City' s electric utility. SECTION 3 : The City Council of the City of Vernon hereby approves the Utility Agreement No. 7UA-13129 (the "Agreement" ) with Caltrans, in substantially the same forth as the copy which is attached hereto as Exhibit A. SECTION 4 : The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for, and on behalf of, the City of Vernon and the City Clerk, or Deputy City Clerk, is hereby authorized to attest thereto. SECTION 5 : The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized, including but not limited to, any non-substantive changes to the Agreement attached herein. SECTION 6 : The City Council of the City of Vernon hereby directs the City Clerk, or the Deputy City Clerk, to send a fully executed Agreement to Caltrans . - 2 - SECTION 7 : 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 1st day of September, 2015 . Name: Title: Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED TO FORM: Brian Byun, Deputy 11 ty 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, September 1, 2015, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of September, 2015, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) - 4 ��IIBIT A STATE OFCALFORNIA_DEPARTMENT OF TRANSPORTATION NOTICE TO OWNER RVs+ 1�L-4{ReV SYIMj NOTICE TO OWNER Dist. County Route [ KP(PM) _ E.A. REVTSED 07 LA 710 PM 21.9/23.1 202121 Federal Aid No.: Number 7-12139-R Owners File: City of Vernon Revision Dated: — This revision is acknowledged and agreed to by Owner referred to By: July 28th, 2015 Freeway: [ ] Yes [ X ] No To- City of Vernon Access Code: 202111 4305 Santa Fe Ave. Vernon, Ca. 90058 Attn. Basem Andranos Because of the State Highway construction project: In Los Angeles County along Route 710, in the City of Vernon at 261, Street and at Bandini Blvd. Which affects your facilities: existing underground electrical line and two (2) wood poles with lighting fixtures( Bandini Blvd) and a down guy on pole # 3101 VP is being relocated to power pole#206660VP .Power pole# 3101 VP will remain. ( 25th Street ) You are hereby ordered to: Relocate your above described facilities per approved relocation plans. Your work schedule shall be as follows: Relocate/ adjust your facilities no later than 10/01/201 5 Notify Richard Lizardi at (213) 897-1028 72 hours prior to initial start of work, and 48 hours plior to subsequent restart when your work schedule is interrupted. Liability for cost of work is 100% STATE. "Existing facilities are located in their present position pursuant to rights prior and superior to those of the STATE and will be relocated at STATE expense. ( i.e. city facilities located on as city street) John Njorog�, 1, Office Ctief, i tJ,iiay Reio I way By 1 Michel G tes District Utility Coordi \o\ STATE OF CALIFORNIA •DEPARTMENT OF TRANSPORTATION Page i of 6 UTILITY AGREEMENT RW 13-3(REV 12/2012) DISTRICT COUNTY ROUTE POST MILE PROJECT ID 7 Los Angeles 710 PM 21.9/ 23.1 0700020870 FEDERAL AID NUMBER OWNER'S FILE NUMBER City of Vernon FEDERAL PARTICIPATION On the Project Yes ONo On the Utilities D Yes No Owner PayeeDatallo_ orFormSTD204isattached D UTILITY AGREEMENT NO. _ 7UA-13129 DATE The State of California acting by and through the Department of Transportation, hereinafter called "STATE," proposes to replace the existing Gerald Desmond Bridge creating six (6) new lanes (the "Project"). The City of Vernon, 4305 Santa Fe Ave, Vernon, Ca. 90058, hereinafter called "OWNER," owns and maintains existing underground electrical line, two wood poles with lighting fixtures and a guy wire on power pole # 31001 VP (together, the "Facilities"). The Facilities are within the limits of the Project which requires relocation to accommodate the Project. I. WORK TO BE DONE By this agreement (the "Agreement") and in accordance with Notice to Owner No. 7-13129 dated June 4th , 2015 Owner shall relocate the Facilities that are in conflict with the Project's proposed widening of Route 710. All work shall be performed substantially in accordance with Owner's Relocation Plan # 2014-028-CR 01/14/2015 and Relocation Plan # D2014-060-CR 1 both of which , consist of 1 sheet, a copy of which is on file in the District Office of the Department of Transportation at 100 S. Main Street, Los Angeles, California, 90012 (together,the "OWNER's Plan"). Deviations from the OWNER's Plan described above initiated by either the STATE or OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the STATE and agreed to/acknowledged by the OWNER, will constitute an approved revision of the Owner's Plan and are hereby made a part hereof. No work under said deviation shall commence prior to written execution by the OWNER of the Revised Notice to Owner. Change in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner. II. LIABILITY FOR WORK The existing facilities described in Section I above will be relocated at 100% STATE. "The existing facilities are located in their present position pursuant to rights superior to those of the STATE and will be relocated at STATE expense" UTI LITY AGREEMENT (cont.) Page 2 of RW 13-5(REV 1212012) UTILITY AGREEMENT NO. 13129 III. PERFORMANCE OF WORK OWNER agrees to perform the herein described work with its own forces or to cause the herein described work to be performed by the OWNER's contractor, employed by written contract on a continuing basis to perform work of this type, and to provide and furnish all necessary labor, materials, tools, and equipment required therefore, and to prosecute said work diligently to completion. Use of out-of-state personnel (or personnel requiring lodging and meal "per diem" expenses) will not be allowed without prior written authorization by State's representative. Requests for such authorization must be contained in OWNER's estimate of actual and necessary relocation costs. Accounting Form FA-1301 is to be completed and submitted for all non-State personnel travel per diem. OWNER shall include an explanation why local employee or contract labor is not considered adequate for their location work proposed. Per Diem expenses shall not exceed the per diem expense amounts allowed under the State's Department of Personnel Administration travel expense guidelines. Pursuant to Public Works Case No. 2001-059 determination by the California Department of Industrial Relations dated October 25, 2002, work performed by OWNER's contractor is apublic work under the definition of Labor Code section 1720(a) and is therefore subject to prevailing wage requirements. Owner shall verify compliance with this requirement in the administration of its contracts referenced above. STATE agrees to indemnify,hold harmless, and defend,to the maximum extent permitted by law, OWNER, 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 are claimed to result from or to arise out of OWNER's performance of the work required by STATE herein, or, any injury caused thereby; or any acts, errors or omissions (including, without limitation, negligence) of STATE, its employees, representatives, subcontractors, or agents in connection with the performance of this Agreement. This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and damage to property (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, STATE and its employees or agents, and members of the general public). IV. PAYMENT FOR WORK The STATE shall pay its share of the actual and necessary cost of the herein described work ,,.:+t,:_ nc ,a.,,.., . 4-1 «o _;_+ rfl. _-PnXIIATVDtQ ;+o,,,4 1-11 -'___A t,.. UTi LITY AGREEMENT (cont.) Page 2 of RW 13-5(REV 12/2012) official of OWNER's organization and prepared on OWNER's letterhead, compiled on the basis of the actual and necessary cost and expense incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California Public Utilities Commission, Federal Energy Regulatory Commission or Federal Communications Commission,whichever is applicable (if any). It is understood and agreed that the STATE will not pay for any betterment or increase in capacity of OWNER'S facilities in the new location and that OWNER shall give credit to the UTl LITY AGREEMENT(cont.) Page 3 of RW 13-3(REV 12/2012) UTILiTY AGREEMENT NO. 13129 STATE for the "used life" or accrued depreciation of the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER. Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit progress bills for costs incurred not to exceed OWNER's recorded cost as of the billing date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by STATE of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement. The OWNER shall submit a final bill to the STATE within 360 days after the completion of the work described in Section 1 above. If the STATE has not received a final bill within 360 days after notification of completion of Owner's work described in Section 1 of this Agreement, and STATE has delivered to OWNER fully executed Director's Easement Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER's facilities, STATE will provide written notification to OWNER of its intent to close its file within 30 days and OWNER hereby acknowledges,to the extent allowed by law,that all remaining costs will be deemed to have been abandoned. Ifthe STATE processes a final bill for payment more than 360 days after notification of completion of OWNER's work, payment of the late bill may be subject to allocation and/or approval by the California Transportation Commission. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, the STATE shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER and approval of documentation by STATE. Except, if the final bill exceeds the OWNER's estimated costs solely as the result of a Revised Notice to Owner as provided for in Section 1,a copy of said Revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost of this Agreement may be subject to allocation and/or approval by the California Transportation Commission. In any event if the final bill exceeds 125% of the estimated cost of this agreement, an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER's final bill. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement shall have prior concurrence of the STATE. UTI LITY AGREEMENT(cont.) Page 4 of RW 13-5(REV 12/2012) 11TILITY AGREE!e1E T NO. 13129 Detailed records from which the billing is compiled shall be retained by the OWNER for a period of three years from the date of the final payment and will be available for audit by State and/or Federal auditors. Owner agrees to comply with Contract Cost Principles and Procedures as set forth in 48CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645 and/or 18 CFR, Chapter 1, Parts 101,201, et al. If a subsequent State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse STATE upon receipt of STATE billing. V. GENERAL CONDITIONS If STATE's Project which precipitated this Agreement is canceled or modified so as to eliminate the necessity of work by OWNER, STATE will notify OWNER in writing and STATE reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement. In such an event, all costs accrued by OWNER as a result of STATE's request of 2/18/2014 to review study and/or prepare relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. Furthermore, in such an event, OWNER shall submit a Notice of Completion to the STATE within 60 days of full execution of an Amendment by the parties terminating the Agreement. It is understood that said highway is a Federal aid highway and accordingly, 23 CFR, Chapter 1, Part 645 is hereby incorporated in this Agreement by _reference; provided, however that the provisions of any agreements entered into between the STATE and the OWNER pursuant to State law for apportioning the obligations and costs to be borne by each, or the use of accounting procedures prescribed by the applicable Federal or State regulatory body and approved by the Federal Highway Administration, shall govern in lieu of the requirements of said 23 CFR 645. STATE will acquire new rights of way in the name of either the STATE or OWNER through negotiation or condemnation and when acquired in STATE's name shall convey same to OWNER by Director's Easement Deed. Where the OWNER has prior rights in areas which will be within the highway right of way and where OWNER's facilities will remain on or be relocated on STATE highway right of way, Joint Use Agreement or Consent to Common Use Agreement shall be executed by the parties. UTI LITY AGREEMENT(cont.) Page 5 of RW 13-5(REV 12/2012) UTILITY AGREEMENT NO. 13129 Upon completion of the work to be done by STATE in accordance with the above-mentioned plans and specification, the new facilities shall become the property of OWNER, and OWNER shall have the same rights in the new location that it had in the old location. "In addition, the provisions of 23 CFR 635.410, Buy America, are also incorporated into this agreement. The Buy America requirements are further specified in Moving Ahead for Progress in the 21 st Century (MAP-21), section 15I 8; 23 CFR 635.410 requires that all manufacturing processes have occurred in the United States for steel and iron products (including the application of coatings) installed on a project receiving funding from the FH WA." IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. STATE:DEPARTMENT OF TRANSPORTATION OWNER: By By Name MICHELE GRAYES Date Name Date Title District Utility Coordinator Title Senior Right of Way Agent APPROVAL RECOMMENDED : By Name Robert W. Crisp, 7D Date Title Utility Coordinator Associate Right of Way Agent UTl LITY AGREEMENT (cons.) Page 6 of RW 13-5(REV 1212012) t i F I LJ TY AGREEMENT NO- 0114 THIS AGREEMENT SHALLNOT BE EXECUTED BYTHE STATE OF CALIFORNIA— DEPARTMENT OF TRANSPORTATION UNTIL FUNDS ARE CERTIFIED. CT EVENT DEPT UNIT PROJECT PHASE REPORTING OBJCGDE (N) i+_ AMOUNT ❑UCUMENI TYPt ID C401 2660 9 C401 266(P 9 PROJECT ID FUNDING VERIFIED REV IEWfREQUEST1F'IJNDINGJ: Sim:> S't Print> Date Robcrt W.Crisp DATE RAN Planning and Management Utility Coordinator THE ESTIMATED COST TO STATE FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $18,336.00 A CERTIFICATION OF FUNDS I FUNDTYPE PROJECTID AMOUNT Design Funds $ I hereby certify upon my own personal knowledge that Construction Funds $ budgeted funds are available for the period and purpose of the expenditure shown here. RW Funds $18,336.00 i i Planning and Management Date ITEM CHAP STAT FY AMOUNT Distribution: 2 originals to R/W Accounting original to Utility Owner I original to Utility File RECEIVED , RECEIVED AUG 2 6 2015 ��.,� AUG 2 7 2015 CITY CLERK'S OFFICE STAFF REPORT CITY ADMIWISTRATION HUMAN RESOURCES DEPARTMENT DATE: September 1,2015 TO: Honorable Mayor and City Council FROM: Teresa McAllister, Director of Human Resourcesh RE: Approval of a Professional Services Agreement By and Between the City Of Vernon and Bob Murray & Associates to Conduct A Recruitment For The Position Of City Administrator For The City of Vernon Recommendations A. Find that approval of the attached professional services agreement by and between the City of Vernon and Bob Murray & Associates is exempt from California Environmental Quality Act ("CEQA") review, because it is a general policy and procedure making activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378. Furthermore, even if it were a project, because such activity will not have any effect on the environment, this action would be exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Approve and authorize the City Administrator to execute the attached professional services agreement on behalf of the City of Vernon with Bob Murray & Associates to conduct a recruitment for the position of City Administrator for the City of Vernon. Background The current City Administrator is planning to retire after 26 % years of service with the City. During the last 5 '/2 years his leadership and management skills were a key factor through the city's implementation of more than 150 good governance reforms. Through his leadership the City has transformed to become a model city for good governance in Southeast Los Angeles County. In anticipation of the City Administrator's retirement, it is vital to begin recruitment planning for the next big picture generalist to take the organization to the next level on its forward path of transparency, accountability and good governance. Page 1 of 2 As such, on July 7, 2015, the City Council approved and authorized the Director of Human Resources to issue a Request for Proposals for an executive search firm to conduct a recruitment for the position of City Administrator for the City of Vernon. On July 7, 2015 the Human Resources Department sent the Request for Proposals to fourteen (14) executive recruitment firms who were identified from various resources and also posted the RFP on the city's website. By the deadline of August 6, 2015, three (3) consultants provided responses to the RFP. An interview was conducted with all of the respondents on August 19, 2015. The interview panel was comprised of five (5) members to include Mayor McCormick, Council member Ybarra, Mark C. Whitworth, City Administrator, Teresa McAllister, Human Resources Director and Lisette Michel, Senior Human Resources Analyst. After a thorough interview and discussion regarding the extremely-qualified firms, the panel recommended that Bob Murray & Associates be selected based on being well qualified and having the most reasonable proposal of$24,000. Bob Murray & Associates has successfully placed over 200 City Managers since the firm's inception in 2000. The firm prides themselves on providing quality service to local governments. Mr. Freeman, Vice President will be assigned to the City of Vernon's recruitment. He brings over twenty-four (24) years of local government experience to Bob Murray & Associates, with eleven (11) years in the recruitment field. Mr. Freeman is a retired Chief of Police and has served as an elected official in local government. He has vetted hundreds of local governmental officials in the pre-employment process and conducted recruitments for positions in all sectors of public agency employment. Mr. Freeman's unique experience, as both an executive city staff and as an elected official, will provide a combined perspective on the recruitment process for a City Administrator for the City of Vernon. Fiscal Impact The cost to conduct the recruitment for the City Administrator position is $24,000. This amount is already budgeted in the approved Human Resources Department Professional Services line item budget for fiscal year 2015-2016. Attachment(s) 1. Professional Services Agreement Page 2 of 2 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND BOB MURRAY $ ASSOCIATES TO CONDUCT A RECRUITMENT FOR THE POSITION OF CITY ADMINISTRATOR FOR THE CITY OF VERNON COVER PAGE Contractor: Bob Murray and Associates Responsible Principal of Contractor: Valerie Gaeta Phillips, President Notice Information - Contractor: Bob Murray and Associates 1677 Eureka Road, Ste. 202 Roseville, CA 95661 Attention: Valerie Gaeta Phillips, President Phone: 916-784-9080 Facsimile: 916-784-1985 Notice Information - City: City of Vernon Human Resources Department 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Teresa McAllister, Director of Human Resources Telephone: (323) 583-8811 ext. 239 Facsimile: (323) 826-1439 Commencement Date: September 1, 2015 Termination Date: August 31, 2016, pursuant to the provisions set forth in Section 4 Consideration: Total not to exceed $24,000 (includes all applicable sales tax); and more particularly described in Exhibit C Records Retention Period Three (3) years, pursuant to Section 9.19 1 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND BOB MURRAY & ASSOCIATES TO CONDUCT A RECRUITMENT FOR THE POSITION OF CITY ADMINISTRATOR FOR THE CITY OF VERNON This Contract is made between the City of Vernon ("City"), a California charter City and California municipal corporation ("City"), and Bob Murray and Associates, a California corporation ("Contractor"). The City and Contractor agree as follows: 1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the City Council on September 1, 2015. 2.0 SCOPE OF SERVICES. 2.1 Contractor shall perform all work necessary to complete the services set forth in the Request for Proposals dated August 6, 2015, Exhibit "A", and Contractor's proposal to the City ("Proposal') dated July 31, 2015, Exhibit "B", both of which are attached to and incorporated into this Contract, by reference. 2.2 All services shall be performed to the satisfaction of City. 2.3 All services shall be performed according to the standards then prevailing in the personnel recruitment profession. 3.0 PERSONNEL. 3.1 Contractor represents that it employs, or will employ, at its own expense, all personnel required to perform the services under this Contract. 3.2 Contractor shall not subcontract any services to be performed by it under this Contract without prior written approval of City. 3.3 All of the services required hereunder will be performed by Contractor or by City-approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City. 2 (a) 4.0 TERM. (MEi] This Agreement shall commence upon the Commencement Date listed on the Cover Page, and shall remain and continue in effect through the Termination Date listed on the Cover Page, or upon the date the City hires a candidate, whichever is sooner. (b) In the event that the hired candidate is terminated within one year from the date of hire, the Contractor shall conduct a new recruitment for a City Administrator at no additional fee, but shall be reimbursed for any expenses incurred. 5.0 COMPENSATION AND FEES. 5.1 Contractor has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in and around Los Angeles County for the same services. For satisfactory and timely performance of the services, the City will pay Contractor in accordance with the payment schedule set forth in Exhibit "C. 5.2 Contractor's grand total compensation for the entire term of this Contract, including change orders, shall not exceed $24,000.00 without the prior authorization of the City and written amendment of this Contract. 5.3 Contractor shall, at its sole cost and expense, furnish all necessary and incidental labor, material, supplies, facilities, equipment and transportation which may be required for furnishing services pursuant to this Contract. Materials shall be of the highest quality. The above Contract fee shall include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related costs and expenses. 6.0 PAYMENT. 6.1 As scheduled services are completed, Contractor shall submit to the City an invoice for the services completed, authorized expenses, and authorized extra work actually performed or incurred according to said schedule. 3 6.2 Each such invoice shall state the basis for the amount invoiced, including a detailed description of the services completed, the number of hours spent, reimbursable expenses incurred and any extra work performed. 6.3 Contractor shall also submit a progress report with each invoice that describes in reasonable detail the services and the extra work, if any, performed in the immediately preceding calendar month_ 6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment. 6.5 City will pay Contractor the amount invoiced within thirty (30) days after the City approves the invoice. 6.6 Payment of such invoices shall be payment in full for all services, authorized costs and authorized extra work covered by that invoice. 7.0 CHANGE ORDERS. The Director of the Department of Human Resources shall have the authority to issue change orders for administrative and non-material changes to the scope of services and to the time for performance as long as the change orders do not increase the compensation due to Contractor under this Contract and as long as the time is not extended beyond three years. The City Administrator, shall have the authority to issue administrative change orders to increase the compensation due Contractor under this Contract, but the combined total amount of such change orders shall not exceed $24,000.00. 8.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services; and will give any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's services. 9.0 GENERAL TERMS AND CONDITIONS. 9.1 INDEPENDENT CONTRACTOR. 9.1.1 It is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent or 4 employee of City and shall furnish such services in its own manner and method except as required by this Contract. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 9.1.2 Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits. 9.2 CONTRACTOR NOT AGENT. Except as the City may authorize in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise. 9.3 OWNERSHIP OF WORK. All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts, studies, memoranda, computation sheets and other documents prepared by Contractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Contract. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City. 9.4 CORRECTION OF WORK_ Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services fumished by Contractor 5 shall not relieve the Contractor from the obligation to correct subsequently discovered defects, inaccuracy or incompleteness. 9.5 WAIVER. The City's waiver of any term, condition, breach or default of this Contract shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. 9.6 SUCCESSORS. This Contract shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors and/or assigns. 9.7 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract or any rights hereunder without the prior written consent of the City and approval by the City Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Contract. No assignment shall release the original parties or otherwise constitute a novation. 9.8 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof, including but without limitation, the Vernon Living Wage Ordinance. Violation of any law material to performance of this Contract shall entitle the City to terminate the Contract and otherwise pursue its remedies. 9.9 ATTORNEY'S FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. 9.10 INTERPRETATION. 9.10.1 Applicable Law. This Contract, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed by and construed according to the laws of the State of California. 6 9.10.2 Entire Agreement. This Contract, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (written or oral). 9.10.3 Written Amendment. This Contract may only be changed by written amendment signed by Contractor and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Contract shall be of no force or effect. 9.10.4 Severability. If any provision in this Contract is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Contract, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Contract. 9.10.5 Order of Precedence. In case of conflict between the terms of this Contract and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Contract shall strictly prevail. The terms of the City's Request for Proposals shall control over the Contractor's Proposal. 9.10.6 Choice of Forum. The parties hereby agree that this Contract is to be enforced in accordance with the laws of the State of California, is entered into and/or is to be performed in the City of Vernon and that all claims or controversies arising out of or related to performance under this Contract shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum. 9.10.7 Duplicate Ori inals. There shall be two (2) fully signed copies of this Contract, each of which shall be deemed an original. 9.11 TIME OF ESSENCE. Time is strictly of the essence of this contract and each and every covenant, term and provision hereof. 7 9.12 AUTHORITY OF CONTRACTOR. The Contractor hereby represents and warrants to the City that the Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Contract, and its execution of this Contract has been duly authorized. 9.13 ARBITRATION OF DISPUTES. Any dispute for under$25,000 arising out of or relating to the negotiation, construction, performance, non-performance, breach or any other aspect of this Contract, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery. 9.14.INDEMNITY. 9.14.1 Contractor agrees to indemnify, hold harmless and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part result from, or arise out of, or are claimed to result from or to arise out of: (a) any activity on or use of City's premises or facilities or any performance under this Contract; or (b) any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. 9.14.2 This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any 8 person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public). 9.14.3 RELEASE. Contractor agrees to release and covenants not to sue the City, its City Council and each member thereof, and its officers, employees, commission members and representatives for any damage or injury (including death) to itself, its officers, employees, agents and independent contractors damaged or claiming to be damaged from any performance under this Contract. 9.15. INSURANCE. Contractor shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Contract, including any extensions thereto. The policies shall state that they afford primary coverage. 9.15.1 Automobile Liability with minimum limits of at least $100,000/300,000/50,000 if written on a personal automobile liability form, for using a personal vehicle; or an amount of$500,000 including owned, hired, and non-owned liability coverage if written on a Commercial automobile liability form. 9.15.2 General Liability with minimum limits of at least $1,000,000 combined single limits written on an Insurance Services Office (ISO) Comprehensive General Liability "occurrence"form or its equivalent for coverage on an occurrence basis. Premises/Operations and Personal Injury coverage is required. The City of Vernon, its directors, commissioners, officers, employees, agents and volunteers must be endorsed on the policy as additional insureds as respects liability arising out of the Contractors 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. 9.15.3 Professional Errors and Omissions coverage in a sum of at least 9 1,000,000. Applicable aggregates must be identified and claims history provided to determine amounts remaining under the aggregate. 9.15.4 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. 9.15.5. Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice to City. 9.15.6 Insurance shall be placed with insurers with a Best's rating of no less than B:VIII. 9.15.7 Prior to commencement of performance, Contractor shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. 9.15.8 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 10 satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against Contractor by way of set-off or recoupment from sums due Contractor, at City's option; (b) immediately terminate this Contract; or (c) self-insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Contractor, by way of set- off or recoupment from any sums due Contractor. 9.16 NOTICES. Any notice or demand to be given by one party to the other be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice. If to the City: City of Vernon Attention: Teresa McAllister, Director of Human Resources 4305 Santa Fe Avenue Vernon, CA 90058 If to the Contractor: Bob Murray & Associates Attention: Valerie Gaeta Phillips, President 1677 Eureka Road, Suite 201012 Roseville, CA 95661 Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. 9.17 TERMINATION FOR CONVENIENCE (Without Cause). City may terminate this Contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written notice to Contractor. If the Contract is thus terminated by City for reasons other than Contractors failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the 11 effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause. 9.18 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Contract by written notice to the defaulting party. The notice shall specify the basis for the default. The Contract shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. Termination for cause shall relieve the terminating party of further liability or responsibility under this Contract, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of(1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. 9.19 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. The Contractor shall maintain and preserve all such records for a period of at least 3 years after termination of the Contract. The Contractor shall maintain all such records in the City of Vernon. If not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 9.20 CONFLICT. Contractor hereby represents, warrants and certifies that no 12 member, officer or employee of the Contractor is a director, officer or employee of the City of Vernon, or a member of any of its boards, commissions or committees, except to the extent permitted by law. 9.21 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1'/2 times the basic rate of pay. 9.22 LIVING WAGES. Contractor, and any Subcontractor(s), shall comply with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit "D". Upon the City's request, certified payroll records shall promptly be provided to the City. 9.23 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit "E". [Signatures Begin on Next Page]. 13 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated in the introductory clause- City of Vernon, a California charter City Bob Murray & Associates, a California and California municipal corporation corporation By: By: Mark Whitworth, City Administrator Name: Title- ATTEST: By: — Maria E. Ayala, City Clerk Name: Title: APPROVED AS TO FORM: Zaynah Moussa-Milward, Deputy City Attorney 14 EXHIBIT A REQUEST FOR PROPOSALS I 15 City of Vernon Request for Proposals (RFP) for an Executive Search Firm to Conduct a Recruitment for the Position of City Administrator for the City of Vernon �0 I,ILr It 19 o �+L , ELY Is City of Vernon Human Resources Department 4305 Santa Fe Avenue, Vernon, CA 90058 Phone: (323) 583-8811 Due by August 6, 2015 July 2015 City of Vernon Request for Proposals for An Executive Search Firm 1. INTRODUCTION AND PROJECT The City Council of the City of Vernon is soliciting proposals from exceptionally qualified Executive Recruitment firms and/or Public Sector consultants to conduct a comprehensive recruitment for the position of City Administrator. Selected Firm will be required to enter into a Professional Services Agreement, a copy of which is attached hereto as Exhibit "B". Portions of the Agencies proposal may be incorporated into the Professional Services Agreement. The City will select one firm, based on demonstrated competence and a cost effective approach to design, conduct, and assist in the selection of a City Administrator. 2. BACKGROUND The City of Vernon was founded in 1905, is approximately 5.2 square miles in size and is located approximately 5 miles southeast of downtown Los Angeles California. Over its long history Vernon has been developed as an industrial community. At the turn of the 20th century the lands that make up Vernon were comprised largely of farmlands. The presence of three major rail lines in the area led influential business and property owners to encourage the railroad companies to run spur lines onto the farmlands. These rail extensions enabled the creation of an "exclusively industrial" city. By the 1920's Vernon was attracting large stockyards and meatpacking facilities. In the 1930's Vernon became the location of choice for many heavy industrial plants. As economic conditions changed over the decades, these large scale industrial operations have relocated out of Southern California and Vernon has attracted smaller, lighter industrial facilities. The City's business friendly environment, low cost utilities and key location for trucking and rail transport continue to position Vernon as an ideal location for industrial uses. City Government: The City Council consists of five members, elected at-large, who serve five-year staggered terms. The City Council annually appoints a Mayor and a Mayor Pro Tern from its own membership to serve one-year terms. Labor Force: Vernon has approximately 250 employees, and its departments include a Fire Department, Police Department, Finance Department, Public Works, Water and Development Services Department, Gas and Electric Department and Health and Environmental Control Department. Present bargaining units recognized include the Vernon Police Officers Benefit Association, Vernon Police Management Association, Vernon Firemen's Association, the Vernon Fire Management Association, International Brotherhood of Electrical Workers Local 47, and Teamsters Local 911. 3. ISSUES OR PROBLEMS TO BE ADDRESSED In the past five years, Vernon has undergone tremendous change. Through the City's implementation of more than 150 good governance reforms, Vernon — the City that has billed itself as "Exclusively Industrial" for nearly 110 years, has firmly established itself as a model City for good governance in Southeast Los Angeles County. -2 - July 2015 City of Vernon Request for Proposals for An Executive Search Firm Today, Vernon has resolutely closed the book on its' sometimes discredit past, and new city leaders look steadfastly ahead to a promising future. In February 2011, Former California State Attorney General John Van De Kamp was engaged to serve as an Independent Ethics Advisor to the City. In January 2015, he presented his eighth report stating that "the City of Vernon has seen continuing progress". Vernon's new housing project, Vernon Village Park is due for completion in mid-2015. 50 new units are expected to bring in around 125 new residents to the City, virtually doubling Vernon's population. The Huntington Park soccer field renovation which Vernon largely funded (with a contribution of $700,000 from the Community Fund Good Neighbor Program) has been completed and open for play. The City of Vernon has a $340.2 million balanced budget for 2015-16 with $56.8 million general fund operating budget. Plans are underway for refinancing some of the City's bonds and interest rate swaps which should improve the City's cash position and its ability to fund needed infrastructure projects, and reduce fiscal volatility. The current City Administrator is retiring after 26 Y2 years of service with the City, the last 5 '/2 years serving in a key and critical role leading to the City's transformation. The City Council is seeking a big picture generalist with strong administrative/management, financial and planning skills, with municipal experience to take the organization to the next level on its forward path of transparency, accountability and good governance. The role of the City Administrator will include but is not limited to: • Serving under administrative direction of the City Council as the Chief Staff Advisor for the City of Vernon. • Responsible for leading, planning, directing, and evaluation the City's operations, programs, priorities, projects, and policies. • Leads efforts to maximize the efficiency of City services and assures all operational activities comply with City policies, procedures, and goals. • Responsible for the day-to-day administration of all City affairs placed within the City Charter. This includes supervision of the City departments, offices, and agencies. • Ensures all laws, Charter provisions, and acts of the City Council are faithfully executed. • Prepares and submits the annual operating budget and capital improvement plan. • Submits to the City Council a complete report on the finances and administrative activities of the City at the end of each year. • Submits policy recommendations to the City Council. • Represents the City to citizens, the business community, other governmental entities, and non-profit organizations. • Appoints, suspends or removes all City employees and administrative officials provided for by the Charter. -3- July 2015 City of Vernon Request for Proposals for An Executive Search Firm 4. SCOPE OF SERVICES REQUIRED The City of Vernon is seeking the services of a highly qualified consulting firm to provide applicable services consisting of, but not be limited to, the following tasks: A. Meet with the City Council and stakeholders to facilitate a discussion regarding the necessary qualifications, values, experience, expectations and educational background of the ideal candidate for this position. B. Work with the City of Vernon Human Resources Department and City Council to develop appropriate and necessary selection criteria, selection process, and timeline, representing a proposed initial path for selection of a City Administrator. C. Develop recruitment materials and solicitations that describe the City Administrator position, the City organization, and the community. D. Conduct a broad and thorough national recruitment utilizing professional publications including but not necessarily limited to Jobs Available and Western City Magazine. E. Conduct targeted recruitment of qualified individuals. F. Acknowledge receipt of candidates' application materials and maintain communication with all candidates throughout the recruitment process. G. Conduct initial screening of all candidates' applications. Narrow the candidate field of qualified candidates to ensure that they meet the qualifications and other criteria as established during the earlier phases of the process. Involvement of the City Council as necessary during the preliminary phases, however continued communication to the City Council is expected at all steps in the process. H. Submit to the City Council a "short list" of candidates the firm feels are best qualified for the position based on the criteria established by the City Council and stakeholders. The number to be interviewed will be recommended by the firm following their normal procedure for this type of position. I. Once the finalists are selected, work with the City Council and staff to schedule interview sessions, prepare a list of questions and a rating form for interviews. J. Coordinate the final on-site selection process as determined at a time designated by the City Council. Tasks that should occur during this phase of the process include at a minimum formal interviews with the City Council and interview panel. Other tasks may include facilitation of candidate meetings with existing executive level employees and tours of City facilities. K. Coordinate the on-site portion of the process including scheduling interviews and other activities, and making travel and lodging arrangements as directed by the City. -4 - July 2015 City of Vernon Request for Proposals for An Executive Search Firm L. Conduct all background and reference checks, including public records searches and credit checks, on the finalists. M. Negotiate and finalize an initial contract with the selected candidate following consent and approval and with the advice of the City Council. If a contract cannot be successfully negotiated with the final candidate, the City Council may select another candidate from the finalists and the firm may re-interview any previously selected final candidate. N. Provide notification to all candidates not selected as finalists for the position. O. Provide progress reports at least bi-weekly to the Human Resources Director. Periodic on-site meetings may be required to discuss ongoing progress and to determine the process for screening candidates. P. The City Council intends to appoint a City Administrator no later than December 1, 2015. Deliverables 1. A detailed time line for completion of all of the services described in Section 4 — Scope of Services, with expectation that the top candidates will be submitted to the City Council no later than November 2, 2015. 2. A "not to exceed" fee for all professional services and task described in Section 4 — Scope of Services, as well as a specific "not to exceed" amount for expenses related to the professional services. 3. A list of any additional activities and/or techniques that might be helpful to incorporate into the recruitment and selection process and the specific cost for adding such services. 4. An hourly rate at which the City would be billed for any services that the City might request outside the scope of the items listed in the RFP. 5. A written proposal that is responsive to Section 6 of this Request for Proposal. 5. QUALIFICATIONS & CRITERIA A. Qualifications: The City of Vernon will select one firm for all of the outlined Scope of Service on the basis of qualifications, experience, and cost. The following are the minimum qualifications to be used to evaluate responses to this Request for Proposal: 1. Demonstrated experience in facilitating a recruitment for City Administrator or other executive-level position in the State of California. 2. Extensive experience conducting recruitments for City Administrator or other executive-level position for full-service municipalities in the State of -5 - July 2015 City of Vernon Request for Proposals for An Executive Search Firm California. 3. Background, credentials and years of experience with executive level recruitment for local government. B. Selection Criteria: The City will conduct a comprehensive, fair, and impartial evaluation of proposals received in response to this RFP. All proposals received will be reviewed and evaluated by a committee of qualified personnel. The name, information, or experience of the individual members will not be made available to any proposer. The Evaluation Committee will first review and screen all proposals submitted, except for the cost proposals, according to the minimum qualifications set forth above. The following criteria will be used in reviewing and comparing the proposals and in determining the highest scoring bid: 1. 40% Qualifications, background and prior experience of the firm in the Service Area(s) being proposed, experience of key staff assigned to oversee services provided to Vernon, evaluation of size and scope of similar work performed and success on that work. 2. 30% Cost and fees to the City for handling matters. Cost is not the sole determining factor but will be taken into consideration. Proposer must offer services at a rate comparable to the rate proposer offers to other governmental entities for similar work. Offering a higher rate to the City than the comparable rate is grounds for disqualification of the Proposer. If rates differ for different types or levels of service, or for different Service Areas, the Proposer should so state. 3. 10% Responsiveness to the RFP, and quality and responsiveness of the proposal. 4. 20% References including past performance of proposer. 6. FORMAT AND DELIVERY OF RESPONSE Respondents are asked to submit seven (7) hard copies and one (1) electronic copy of their proposals in sufficient detail to allow for a thorough evaluation and comparative analysis. The proposal should include, at a minimum, the following information in sectionalized format addressing all phases of the work in the RFP. A. Format: Limit your proposal to 20 typed 8.5" X 11" pages, or fewer, on white bond paper of at least 20-pound weight single sided (excluding cover letter and attachments. You may attach a firm brochure if you wish, but it must be as a separate attachment and independent from the required elements noted above. 1. Use a conventional typeface with a minimum font size of 12 points. Use a 1" margin on all boarders. 2. Organize your submittal in the order described above. 3. Provide one (1) unbound original of your firm's response and one electronic version (via email to [insert email contact]) - 6 - July 2015 City of Vernon Request for Proposals for An Executive Search Firm 4. Prominently label the package: "RFP — Executive Search Firm for City Administrator' and include the name of the primary contact for the respondent. Deliver the response to: City of Vernon Attention: Teresa McAllister, Director of Human Resources 4305 Santa Fe Avenue Vernon, CA 90058 5. Responses are due on or before 5:00 p.m. on August 6, 2015. Late response will not be accepted. 6. If you have any question about this RFP, please contact Teresa McAllister, Director of Human Resources at (323) 583-8811 ext. 239. B. Cover Letter: All proposals shall include a cover letter which states that the proposal shall remain valid for a period of not less than ninety (90) days from the date of submittal. If the proposal contemplates the use of sub-contractors, the sub- contractors shall be identified in the cover letter. If the proposal is submitted by a business entity, the cover letter shall be signed by an officer authorized to contractually bind the business entity. With respect to the business entity, the cover letter shall also include: the identification of the business entity, including the name, address and telephone number of the business entity; and the name, title, address and telephone number of a contact person during the proposal evaluation period. C. Introduction: Present an introduction of the proposal and your understanding of the assignment and significant steps, methods and procedures to be employed by the proposer to ensure quality deliverables that can be delivered within the required time frames and your identified budget. D. General Scope of Work: Briefly summarize the scope of work as the proposer perceives or envisions it for each Service Area proposed. E. Work Plan: Present concepts for conducting the work plan and interrelationship of all projects. Define the scope of each task including the depth and scope of analysis or research proposed. F Fees and costs: Although an important aspect of consideration, the financial cost estimate will not be the sole justification for consideration. Negotiations may or may not be conducted with the proposer; therefore, the proposal submitted should contain the proposer's most favorable terms and conditions, since selection and award may be made without discussion with any firm. All prices should reflect "not to exceed" amounts per item. Proposer must offer services at a rate comparable to the rate proposer offers to other governmental entities for similar work. Offering a higher rate to the City than the comparable rate is grounds for disqualification of the Proposer. - 7 - July 2015 City of Vernon Request for Proposals for An Executive Search Firm G. Ability of the Proposer to Perform: Provide a detailed description of the proposer and his/her/its qualifications, including names, titles, detailed professional resumes and past experience in similar work efforts/products of key personnel who will be working on the assignment. Provide a list of specific related work projects that have been completed by the proposer which are directly related to the assignment described in this RFP. Note the specific individuals who completed such project(s). Identify role and responsibility of each member of the project team. Include the amount of time key personnel will be involved in the respective portions of the assignment. Respondents are encouraged to supply relevant examples of their professional product. Provide a list of references. The selected firm shall not subcontract any work under the RFP nor assign any work without the prior written consent of the City. H. Affidavit of Non-Collusion. Proposer must submit a completed and signed, "Affidavit of Non-Collusion." (Copy attached as Exhibit A). 7. ADDENDA, CHANGES, AND AMENDMENTS TO THIS SOLICITATION At any time prior to the due date for responses, the City may make changes, amendments, and addenda to this solicitation, including changing the date due to allow respondents time to address such changes. Addenda, changes, and amendments, if made, will be posted on the City's website (www.cityofvernon.org), which is deemed adequate notice. A proposer may make a request to the City's project coordinator to be placed on a list of persons to receive notice of any such addenda, changes, or amendments. The preferred manner of communications is via e-mail due to its timeliness. 8. CONDITIONS FOR RESPONSES TO RFP The following conditions apply to this RFP process: A. Nothing contained in this RFP shall create any contractual relationship between the respondent and the City. B. This RFP does not obligate the City to establish a list of service providers qualified as prime contractors, or award a contract to any respondent. The City reserves the right to amend or cancel this RFP without prior notice, at any time, at its sole discretion. C. The City shall not be liable for any expenses incurred by any individual or organization in connection with this RFP. D. No conversations or agreements with any officer, agent, or employee of the City shall affect or modify any terms of this RFP. Oral communications or any written/e- mail materials provided by any person other than designated contact staff of City shall not be considered binding. E. The City reserves the right, in its sole discretion, to accept or reject any or all . g . July 2015 City of Vernon Request for Proposals for An Executive Search Firm Proposals without prior notice and to waive any minor irregularities or defects in a Proposal. The City reserves the right to seek clarification on a Proposal with any source. F. The dates, times, and sequence of events related to this RFP shall ultimately be determined by the City. The schedule shown above is subject to change, at the sole discretion of the City, although the City will attempt to follow it and, if it must be altered, will attempt to provide reasonable notice of the changes. G. Respondents shall not issue any news release pertaining to this RFP, or the City without prior written approval of the City. H. All submitted proposals and information included therein or attached thereto shall become public record upon delivery to the City Administrator's Office. 9. RIGHT BY THE CITY TO WITHDRAW THIS REQUEST The City may, at its sole discretion and for any reason whatsoever, withdraw this solicitation at any time. 10. LIVING WAGE ORDINANCE The selected consultant shall pay qualifying employees a wage of not less than $10.30 per hour with health benefits, or$11.55 per hour without health benefits. The consultant shall also provide qualifying employees at least twelve days off per year for sick leave, vacation or personnel necessity, and an additional ten days a year of uncompensated time for sick leave. There shall a prohibition on an employer retaliation against an employee's complaining to the City with regard to the employer's compliance with the living wage ordinance. Contractor, and any Subcontractor(s), shall comply with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit "D" of the standard form contract, attached hereto as Exhibit B. Upon the City's request, certified payroll records shall promptly be provided to the City. 11. STANDARD TERMS AND CONDITIONS Prior to the award of any work hereunder, City and proposer shall enter into the written contract for services attached hereto as Exhibit B. Proposers responding to this RFP are strongly advised to review all the terms and conditions of the Contract. The term of the Contract shall not exceed three (3) years. - 9 - July 2015 City of Vernon Request for Proposals for An Executive Search Firm EXHIBIT A AFFIDAVIT OF NON-COLLUSION - 10- July 2015 City of Vernon Request for Proposals for An Executive Search Firm EXHIBIT B STANDARD FORM CONTRACT - 11 - July 2015 EXHIBIT B PROPOSAL 16 BC?B MURRAY ASSOCIATES �xacFr'r 741M E74ECLJ 5awrrc ri A PROPOSAL TO CONDUCT AN EXECUTNE RECRUITMENT FOR A City Administrator ON BEHALF OF THE City of Vernon phone 916.784.9080 for 916.784.1985 1677 Eureka Road Su,ie 202. Roseville CA 95661 July 31, 2015 Mayor W. Michael McCormick and Members of the City Council City of Vernon 4305 Santa Fc Avenue Vernon, CA 90058 Dear Mayor McCormick and Council Members: Thank you for inviting Bob Murray&Associates to submit a proposal to conduct the City Administrator recruitment for the City of Vernon. The following proposal details our qualifications and describes our process of identifying, recruiting and screening outstanding candidates on your behalf. It also includes a proposed budget,titneline,guarantee,and sample recruitment brochure. At Bob Murray &Associates, we pride ourselves on providing quality service to local governments. We have created a recruitment process that combines our ability to help you to determine the direction of the search and the types of candidates you seek with our experience recruiting outstanding candidates who are not necessarily looking for a job. Our proven expertise ensures that the candidates we present for your consideration will match the criteria you have established and will be outstanding in their field. With respect to the City Administrator recruitment, Bob Murray & Associates offers the following expertise: We have placed over 200 City Managers since our firm's inception in 2000. We are currently conducting City Manager recruitments on behalf of the cities of Bell, Lemon Grove, Merced, and Oceanside, CA along with Chandler,AZ. In the past three years,we have placed City Managers in the California cities of Albany, Arcadia,Arvin,Atherton, Cathedral City, Chino, Chino Hills, Concord, Dinuba, Cotati, El Monte, Fortuna, Goleta, Hemet, Lake Elsinore, Loomis, Marina, Martinez, Modesto, Monrovia, Montebello, Mountain View, Oxnard, Pico Rivera, Pittsburg, Rancho Cordova, Rancho Palos Verdes, Rancho Santa Margarita, Redondo Beach, Salinas, San Fernando, San Marcos, Santa Ana, South Gate, St. Helena, Temple City, Ventura, and Woodland, in addition to the cities of Arvada, Centennial, and Sterling, CO; Fort Lauderdale and Miami Beach, FL; Topeka, KS; Glendale, Tucson, and Phoenix,AZ; and Dallas, TX- For a complete list of our previous City Manager recruitments, please reference the enclosed client list. Our extensive contacts and knowledge of outstanding candidates will ensure you have a quality group of finalists from which to select the City of Vernon's next City Administrator. Bob N1urrty &Associaits is Familiar with Los Angeles County and the surrounding region. We are currently conducting the Depute Cite Manager recruitment on behalf of Signal Hill, the City Manager recruitment on behalf of Bell, the Deputy Director of Planning recruitment on behalf of Los Angeles, the Construction Services Officer recruitment on behalf of Long Beach, and the Police Chief recruitment on behalf of California State Polytechnic University. We recently completed recruitments on behalf of the cities of Arcadia, Azusa, Commerce, El Monte, Inglewood, Manhattan Beach, Monrovia, Monterey Park, Pico Rivera, Rancho Palos Verdes, Redondo Beach, San Fernando, Southgate, Temple City, and West Hollywood. We also recently completed the Chief Financial Officer search on behalf of People Assisting the Homeless (PATH). We have previously conducted recruitments on behalf of the cities of Baldwin Park,Beverly Hills,Claremont,Culver City,El Segundo, Glendora, Irwindale, Lancaster, Long Beach, Los Angeles, Lynwood, Maywood, Montebello, Pasadena, Pico Rivera, Pomona, San Fernando, Santa Clarita, Santa Monica, Signal Hill, South Gate, South Pasadena, and Whittier. Other organizations in the County for which we have recruited include the Bob Hope Airport, the Housing Authority of the City of Los Angeles, the Hub Cities Consortium,the Los Angeles Convention Center, the Las Virgenes Municipal Water District, the Port of Los Angeles, the Port of Long Beach, Palmdale Water District, Walnut Valley Water District, and the West Basin Municipal Water District. Our knowledge of the region, its issues, and its outstanding quality of life will be an asset in presenting this opportunity to prospective candidates. + We recognize that we work at the pleasure of the City Council. Our job is to facilitate the Council's City Administrator search. From the outset of the search, we work to establish a strong partnership with the Board in order to ensure the placement of a City Administrator who is ideally suited to its needs. In order to develop an effective search,we hope that Council Members make themselves available as we seek the opportunity to meet with them individually to discuss their expectations for City's new City Administrator. We hope they will speak candidly with us regarding the traits they are looking for in the new Administrator. The insight garnered as a result of these meetings will be invaluable as we recruit and screen candidates for the position. We understand that the City has a desire for the retained firm to not only recruit local candidates,but also candidates from diverse backgrounds utilizing local, regional and national resources. Part of our process will include placing the City Administrator advertisement in publications that specifically reach out to minority and women candidates, such as the ICMA Job Opportunity Bulletin, the National Forum for Black Public Administrators, the National Association for Hispanic Public Administrators, the Asia-Pacific journal of Public Administration, and the Aineiican Society for Public Administration. In addition,we will reach out to local candidates through various publications such as the Los Angeles Senfinel and The Wlam. A significant portion of our process focuses on conducting thorough and confidential background investigations of the top 2-3 candidates to ensure that nothing about them is left undiscovered. We have candid discussions with references who have insight into the candidate's experience, style and ethics; conduct a search of newspaper articles; and run credit, criminal and civil records reports. This ensures that the chosen candidate will not only be an excellent fit with the City of Vernon, but also that the selected candidate will reflect positively upon your organization. To Iearn first hand of the quality of our service and our recruitment successes, we invite you to contact the references listed on page 11 of the attached proposal. We look forward to your favorable consideration of our qualifications. Please do not hesitate to contact us at(916) 784-9080 should you have any questions. Sincerely, 'f Valerie Gaeta Phillips President Bob Murray&Associates TABLE OF CONTENTS THE RECRUITMENT PROCESS...................................2 STEP 1 DEVELOPING THE CANDIDATE PROFILE.......................................2 STEP 2 ADVERTISING C'-NWAIGN AND RFCRurnIF_'NT BROCHURE............2 STEP 3 RECRUITING CANDIDATES.............................................................2 STEP 4 SCREENING CANDIDATES..............................................................2 STET'5 PERSONAL INTERVIEWS.................................................................3 STEP G PUBLiC RECORD SEARCH...............................................................3 STEP 7 RFCommENDATION.............. .... ..................................................3 STEP 8 FINAL INmvIEWS........................................................................3 STEP 9 BACKGROUND CHECKS/DETAILEfD REFERENCE CHECIGS.............4 STEP 10 NEGOTLXTIONS............................................................................4 STEP I 1 COMPLETE ADmiNL,,;,mnVE A,SSIS L'ANCE...................................4 BUDGET AND TIMING................................................. 5 PROFE$,SIONAL FEE AND EYPFNSF-S..........................................................5 TIXIING.................................................. --- ,-.........................................6 GUARALNTEF............................................................................................. PROFESSIONAL QUALIFICATIONS ............................ T REFERENCES.............................................................. 11 THE RECRUITMENT PROCESS Bob Murray & Associates' unique and client oriented approach to executive search will ensure that the City of Vernon has quality candidates from which to select the new City Administrator. Outlined below are the key steps in our recruitment process. STEP 1 DEVELOPING THE CANDIDATE PROFILE Our understanding of the City of Vernon's needs will be key to a successful search. We will work with the City Council to learn as much as possible about the organiza.tion's expectations for a new City Administrator. We want to learn the values and culture of the organization, as well as understand the current issues, challenges and opportunities that face the City of Vernon. We also want to know the City Council's expectations regarding the knowledge, skills and abilities sought in the ideal candidate and will work with the City to identify expectations regarding education and experience. Additionally, we want to discuss expectations regarding compensation and other items necessary to complete the successful appointment of the ideal candidate. The profile we develop together at this stage will drive subsequent recruitment efforts. STEP 2 ADVERTISING CAMPAIGN AND RECRUITMENT BROcHuRE After gaining an understanding of the City of Vernon's needs, we will design an effective advertising campaign appropriate for the City Administrator recruitment. We will focus on professional journals that are specifically suited to the City Administrator search. We will also develop a professional recruitment brochure on the City Council's behalf that will discuss the community, organization, position and compensation in detail. Once completed, we will mail the profile to an extensive audience, making them aware of the exciting opportunity with the City of Vernon. STEP 3 RECRUITING CANDIDATES i After cross-referencing the profile of the ideal candidate with our database and contacts in the field, we will conduct an aggressive outreach effort, including making personal caIls to prospective applicants, designed to identify and recruit ! outstanding candidates. We recognize that the best candidate is often not looking for a new job and this is the person we actively seek to convince to become a candidate. Aggressively marketing the City Administrator position to prospective candidates will be essential to the success of the search. STEP 4 SCREENING CANDIDATES Following the closing date for the recruitment,we will screen the resumes we have received. We will use the criteria established in out initial meetings as a basis upon which to narrow the field of candidates. City of Vemon Page 2 STEP 5 PERSONAL INTERVIEWS We will conduct personal interviews with the top 10 to 12 candidates with the goal of determining which candidates have the greatest potential to succeed in your organization. During the interviews we will explore each candidate's background and experience as it relates to the City Administrator position. In addition, we will discuss the candidate's motivation for applying for the position and make an assessment of his/her knowledge, skills and abilities. We will devote specific attention to establishing the likelihood of the candidate's acceptance of the position if an offer of employment is made. STEP 6 PUBLIC RECORD SEARCH Following the interviews, we will conduct a review of published articles for each candidate. Various sources will be consulted including Luis-NexisTM, a newspaper/magazine search engine, Google, and local papers for the communities in which the candidates have worked. This alerts us to any further detailed inquiries we may need to make at this time. STEP 7 RECOMMENDATION Based on the information gathered through meetings with your organization, and personal interviews with candidates, we will recommend a limited number of candidates for your further consideration. We will prepare a written report on each candidate that focuses on the results of our interviews and public record searches. We will snake specific recommendations, but the final determination of those to be considered will be up to you. STEP 8 FINAL INTERVIEWS Our years of experience will be invaluable as we help you develop an interview process that objectively assesses the qualifications of each candidate. We will adopt an approach that fits your needs, whether it is a traditional interview, multiple interview panel or assessment center process. We will provide you with suggested interview questions and rating forms and will be present at the interview/assessment center to facilitate the process. Our expertise lies in facilitating the discussion that can bring about a consensus regarding the final candidates. We will work closely with your staff to coordinate and schedule interviews and candidate travel. Our goal is to ensure that each candidate has a very positive experience,as the manner in which the entire process is conducted will have an effect on the candidates'perception of your organization. Croy of Vernon Pagc 3 STEP 9 BACKGROUND CHECKS DETAILED REFERENCE CHECKS Based on final interviews we will conduct credit, criminal, civil litigation and motor vehicle record checks for the top one to three candidates. In addition, those candidates will be the subjects of detailed, confidential reference checks. In order to gain an accurate and honest appraisal of the candidates' strengths and weaknesses, we will talk candidly with people who have direct knowledge of their work and management style. We will ask candidates to forward the names of their supervisors, subordinates and peers for the past several years. Additionally, we make a point of speaking confidentially to individuals who we know have insight into a candidate's abilities, but who may not be on their preferred list of contacts. At this stage in the recruitment we will also verify candidates'degrees. STEP 10 NEGOTIATIONS We recognize the critical importance of successful negotiations and can serve as your representative during this process. We know what other organizations have done to put deals together with great candidates and will be available to advise you regarding current approaches to difficult issues such as housing and relocation. We will represent your interests and advise you regarding salary, benefits and employment agreements with the goal of putting together a deal that results in the appointment of your chosen candidate. Most often we can turn a very difficult aspect of the recruitment into one that is viewed positively by both you and the candidate. STEP 11 COMPLETE ADMINISTRATIVE ASSISTANCE Throughout the recruitment we will provide the City Council with updates on the status of the search. We will also take care of all administrative details on your behalf. Candidates will receive personal letters advising theca of their status at each critical point in the recruitment. In addition, we will respond to inquiries about the status of their candidacy within twenty-four hours. Every administrative detail will receive our attention. Often, candidates judge our clients based on how well these details are handled. Cin•of Vemon Paep 4 BUDGET AND TIMING PROFESSIONAL FEE AND EXPENSES The consulting fee for conducting the City Administrator recruitment on behalf of the City of Vernon is $17,500 plus expenses. Services provided for in the fee consist of all steps outlined in this proposal including three (3) days of meetings on site. The City of Vernon will be responsible for reimbursing expenses Bob Murray&Associates incurs on your behalf. We estimate expenses for this project to be $6,500. Reimbursable expenses include such items as the cost of recruiter travel; clerical support; brochure development; placement of ads; credit, criminal and civil bacicground checks; education verification; and public records searches. Postage, printing, photocopying, and telephone charges ate allocated costs and included in the expense estimate. The proposed fee is not-to-exceed $24,000 for professional services and expenses. We understand you are seeking the estimated number of hours that we would require to provide our service,the billing rates of persons that will provide said services, and any other estimated additional costs; however, Bob Murray & Associates does not bill based on the number of hours. Out recruiters do not spend a minimum or maximum number of hours on each section of the recruitment process. Instead, they spend the amount of time necessary to exceed the expectations of our clients. The most hours are typically spent on candidate outreach, as this ensures a successful recruitment more than any other aspect of the recruitment process. Developing the candidate profile, as well as the initial interview process and reference checldng/newspaper searches are other areas where significant time is spent City of Vernon Page 5 TIMING We are prepared to start work on this assignment immediately and anticipate that we will be prepared to make our recommendation regarding finalists within seventy five to ninety days from the start of the search. Task: Week: Contract Start Date: TBD Initial Meeting(s): 1 week from contract start Our firm develops recruitment brochure: 2 weeks from contract start City approves brochure: 4 weeks from contract start Job advertising and candidate sourcing: 8 weeks from contract start Our firm reviews application packets: 9 weeks from contract start Our firm conducts screening process: 10 weeks from contract start City approves candidates: 12 weeks from contract start City's interview panel convenes: 13 weeks from contract start Reference/Background Checks: 14 weeks from contract start Second Interviews by City,if necessary: 15 weeks from contract start Offer of Employment: 16 weeks from contract start GUARANTEE We guarantee that should a recommended candidate selected for the position be terminated within the fast year of employment we will conduct the search again at no cost (with the exception of expenses) to the City of Vernon. We are confident in our ability to recruit outstanding candidates and do not expect the City of Vernon to find it necessary to exercise this provision of our proposal. City of Vernon Page 6 PROFESSIONAL QUALIFICATIONS BOB MURRAY,FOUNDER Mr. Murray brings over 25 years experience as a recruiter. Mr. Murray is recognized as one of the nation's leading recruiters. He his conducted hundreds of searches for cities, counties, and special districts. He has been called on to conduct searches for some of the largest most complex organizations in the country and some of the smallest. Mr. Murray has conducted searches for chief executives, department heads,professional and technical positions. Mr. Murray has taken the lead on the fiun's most difficult assignments with great success. His clients have retained him again and again given the quality of his work and success in finding candidates for difficult to fill positions. Prior to creating Bob Murray & Associates, Mr. Murray directed the search practice for the largest search company serving local government in the country. Mr. Murray has worked in local government and benefits from the knowledge of having led an organization. Prior to his career in executive search he served as the City Manager for the City of Olympia, Washington. He has also served as an Assistant City Manager and held positions in law enforcement. Mt. Murray received his Bachelor of Science Degree in Criminology from the University of California at Berkeley with graduate studies in, Public Administration at California State University at Hayward. City of Vernon Page VALERIE GAETA PHILLIPS)PRESIDENT Ms. Gaeta Phillips has over 15 years of recruiting experience, including more than a decade of recent experience in executive search for public, private, and startup companies nationwide. Ms. Gaeta Phillips has expertise in the full recruiting cycle, from process design and outreach through candidate assessment and selection. She has placed senior- level candidates in a variety of industries and fields, including Finance, Information Technology, and Engineering. Ms. Gaeta Phillips is valued for her passion for finding and retaining the most outstanding candidates for even the most difficult or untraditional assignments and for her commitment to her clients' success. Ms. Gaeta Phillips has a passion for helping people, evidenced by her fundraising and efforts to raise awareness for organizations such as Autism Speaks and the M.I.N.D. Institute. GARY PHILLIPs,EXECUTIVE VICE PRESIDENT Mr. Phillips started his career with a New York based Fortune 100 company and quickly became a Senior Manager building and running a large customer service organisation in New York and eventually in thirteen countries in Europe. He also served as a Director with a large Fortune 500 company and was responsible for developing and maintaining new and existing clients in Europe, Asia, and Australia. He then became Senior Vice President with a public enterprise software company. Some of his successes include building an organization from 2 to 250 people worldwide; acquiring 5 companies in two years;and growing a company from 800 to 1200 employees. Mr. Phillips was part of an executive acquisition and recruiting team where he helped build a start-up enterprise software company in San Francisco. He recruited top notch talent, and built a world class organization. The company was eventually sold to a Fortune 500 software company. Mr. Phillips has maintained customer relationships in the public sector, private sector, as well as medical, and financial institutions. He prides himself on finding key talent and offering the best customer service to his clients. Mr. Phillips is involved in his community as a soccer coach and as an organizer of fundraisers for Autism Speaks in Sacramento. Mr. Phillips received his Associate of Science degree,as well as completed coursework at Rochester Institute of Technology, NY. Cite of Vemon Pagc 8 REGAN WILuAMS,SENIOR VICE PRESIDENT Mr. Williams brings 30 years of local government experience to Bob Murray & Associates. Most recently,he worked as a private consultant with Deloitte and Touche on vatious public sector assignments. Prior to that, he served as Director of Public Safety with the City of Sunnyvale,CA. Mr.Williams was involved in the development of some of Sunnyvale's most innovative programs and has a national reputation for excellence in law enforcement. He has been responsible for numerous recruitments throughout his career. Clients find his insight and expertise in recruitment and selection a valuable asset. Mr. Williams received his Bachelor of Science Degree in Administration of Justice from San Jose State University. He is also a graduate of the FBI National Academy. JOEL BRYDEN,VICE PRESIDENT Mr. Bryden has over 30 years of local government experience that he brings to the firm,having recently retired as the Chief of Police in Walnut Creek, CA. Throughout his career, Mr. Bryden has been involved in public sector consulting. He has vast experience in hiring and promotional processes, as well as interviewing candidates for advancement in all aspects of local government. Mr. Bryden has a solid reputation as a leader in the public sector, and clients find his ability to find and evaluate outstanding applicants invaluable. Mr. Bryden is a graduate of the FBI National Academy and obtained his Bachelor of Arts Degree in Communication from San Diego State University. FRED FREEMAN,VICE PRESIDENT Mr. Freeman brings over 24 years of local government experience to Bob Murray & Associates, with 11 years in the recruitment field. Mr. Freeman is a retired Chief of Police and has served as an elected official in local government He has vetted hundreds of local governmental officials in the pre-employment process and conducted recruitments for positions in all sectors of public agency employment. In addition to his career in the law enforcement field, Mr. Freeman served as the Mayor and the Mayor Pro-Tern for the Los Alamitos City Council. Mr. Freeman has been a member of the Public Safety Policy Committee- California League of Cities; the Orange County Fire Authority Board of Directors; and the Orange Line Development Authority as the Vice-Chair. His unique perspective and experience, as both a member of executive city staff and as an elected official,provides exceptional results for our clients. Mr. Freeman is a graduate of the FBI National Academy and received his Teaching Credential from the University of California Los Angeles. Cin•of Vemon Page 9 AMANDA URRUTIA-SANDERS,PRINCIPAL CONSULTANT As a consultant with Bob Murray&Associates,Ms. Urrutia-Sanders is responsible for research, candidate recrmtment and screening,as wel as reference checks and background veafications. She focuses on client c=munication and works closely with clients to coordinate candidate outreach and ensure a successful search. Ms. Urrutia-Sanders brings several years of industry experience as she worked for one of the nation's largest recruitment forms. Her insight into the recru=cnt process is a valuable asset to Bob Murray&Associates. Ms. Urrutia-Sanders received her Bachelor's of Arts degree in Communications from the University of Wyoming. AMBER SMITH,SENIOR CONSULTANT As Senior Consultant with Bob Murray & Associates, Ms. Smith acts as a liaison between clients and candidates from beginning to end of each recruitment process. She is responsible for the development and distribution of position recruitment and advertising materials, client research, reference and background checks,responding to requests for proposals, and providing a broad range of support services for the recruiting team. Ms. Smith brings over 5 years of client-oriented customer service, administrative, and management experience to Bob Murray&Associates. She is committed to working as a partner with clients and candidates in order to provide a quality service and experience. Ms. Smith receved her Bachelor of Arts degree in Business Administration from La Sierra University, Riverside, California. ROSA GOMEz,ADMm5mTIVE MANAGER Ms. Rosa Gomez is the Administrative Manager at Bob Murray & Associates. Ms. Gomez is the first point of contact at Bob Murray & Associates and has extensive administrative experience. Ms. Gomez is known for her personal approach as she work..-, closely with clients and candidates alike to ensure a successful search. As the first point of contact for Bob Murray & Associates Ms. Gomez's professional approach is of the highest caliber. City of Vemon Page 1 U REFERENCES Clients and candidates are the best testament to our ability to conduct quality searches. Clients for whom Bob Murray & Associates has recently conducted searches are listed below. CLMNTy City of Signal Hill,CA POSITION: Police Chief,and Deputy City Manager(currently conducting) REFERF,NM Ms.Mary Gilmore,Assistant to the City Manager, (562) 989-7304 CLIENT.• City of Commerce,CA POSMON.• Human Resources Director,Public Works and. Development Services Director,City Clerk, Community Services and Safety Director REFL'RENM Mr.Jorge Rifa,City Administrator,(323) 722-4805;or Mr. Michael Casalou, Human Resources Director, (323) 722-4805 CLIENT.- City of Oxnard,CA POSITION.• City Manager REFERENCE: Mr. Stephen Fischer,Interim City Attorney, (805) 385-7483 CLLRW. City of Dinuba,CA POSMON• City Manager REFERENCE: Ms.Jayne Anderson,Assistant City Manager(559) 591- 5900 I Ciry of Vernon Page 11 EXHIBIT C SCHEDULE 17 BUDGET AND TIMING PROFESSIONAL FEE AND EXPENSES The consulting fee for conducting the City Administrator recruitment on behalf of the City of Vernon is $17,500 plus expenses. Services provided for in the Fee consist of all steps outlined in this proposal including three (3) days of meetings on site. The City of Vernon will be responsible for reimbursing expenses Bob Murray&Associates incurs on your behalf. We estimate expenses for this project to be $6,500. Reimbursable expenses include such items as the cost of recruiter travel;clerical support;brochure development; placement of ads; credit, criminal and civil background checks; education verification; and public records searches. postage, printing, photocopying, and telephone charges are allocated costs and included in the expense estimate. The proposed fee is not-to-exceed $24,000 for professional services and expenses. We understand you are seeking the estimated number of hours that we would require to provide our service, the billing rates of persons that %vill provide said services, and any other estimated additional costs; however, Bob Murray & Associates does not bill based on the number of hours. Our recruiters do not spend a minimum or maximum number of hours on each section of the recruitment process. Instead, they spend the amount of time necessary to exceed the expectations of our clients. The most hours are typically spent on candidate outreach, as this ensures a successful recruitment more than any other aspect of the recruitment process. Developing the candidate profile, as well as the initial interview process and reference checking/newspaper searches are other areas where significant time is spent. City-of Vemon Page 5 TIMING We are prepared to start work on this assignment immediately and anticipate that we will be prepared to make our recommendation regarding finalists within seventy five to ninety days from the start of the search, Task: Week: Contract Start Date: TB Initial Meeting(s): 1 week from contract start Our firm develops recruitment brochure: 2 weeks from contract start City approves brochure: 4 weeks from contract start Job advertising and candidate sourcing: 8 weeks from contract start Our firm reviews application packets: 9 weeks from contract start Our firm conducts screening process: 10 weeks from contract start City approves candidates: 12 weeks from contract start City's interview panel convenes: 13 weeks from contract start Reference/Background Checks: 14 weeks from contract start Second Interviews by City,if necessary: 15 weeks from contract start Offer of Employmcnt: 16 weeks from contract start GUARANTEE We guarantee that should a recommended candidate selected for the position be terminated within the first year of employment we will conduct the search again at no cost (with the exception of expenses) to the City of Vernon. We are confident in our ability to recruit outstanding candidates and do not expect the City of Vernon to find it necessary to exercise this provision of our proposal. City of Vernon Rage 6 EXHIBIT D LIVING WAGE PROVISIONS Minimum Living Wages: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. Paid and Unpaid Days Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. 18 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. 19 v RECEIVED AUG 2 6 2015 xr, _-f CITY CLERK'S OFFICE STAFF REPORT CITY ADMINISTRATION DATE: September 1, 2015 TO: Honorable Mayor and City Council FROM: Mark C. Whitworth, City Administrator Originator: Teresa McAllister, Human Resources Director RE: Approval of a Resolution 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 Recommendations A. Find that approval of the attached resolution in this staff report is exempt from California Environmental Quality Act ("CEQA") review, because it is a general policy and procedure making activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378. Furthermore, even if it were a project, because such activity will not have any effect on the environment, this action would be exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Adopt the attached resolution amending and restating the Citywide Fringe Benefits and Salary Resolution, effective September 1, 2015, to reflect the following provisions: 1) Amend Exhibit A, Classification and Compensation Plan, as follows: a) Revise or add the following job classifications with the corresponding salary ranges: ■ Add Senior Electrical Test Technician Job Code 8053 (I31 - $7,962 - $9,677 —IBEW Group) ■ Title change and update job description of Substation Test Technician Job Code 8055 to Electrical Test Technician b) Correct hourly salary of Assistant Fire Marshal to $41.6596 - $50.6423 per hour for forty(40) hour work schedule. 2) Reclassify one(1) incumbent in the Substation Test Technician position to Senior Electrical Test Technician, and place at Grade I31, Step 3 at $8,778 per month. Page I of 4 3) Retitle one (1) incumbent in the Substation Test Technician position to Electrical Test Technician. 4) Amend Section 7, Sick Leave, to exclude retired annuitants from part-time sick leave accruals. 5) Amend Section 18, Retiree Medical Non-Safety Employees—to read non- payment of two (2) consecutive months shall automatically terminate and cease the City's obligation to make further payments under the retiree medical benefits program. New and Revised Classifications The City and the International Brotherhood of Electrical Workers Local 47 ("IBEW") concluded labor negotiations on June 18, 2014, regarding wages, benefits and working conditions for the 2014-2016 Memorandum of Understanding ("MOU"). On July 15, 2014, City Council adopted Resolution No. 2014-45 approving the MOU by and between the City of Vernon and IBEW for the period of July 1, 2014 through June 30, 2016. As a product of the 2014-2016 negotiations, the City and IBEW agreed to a reopener no later than April 1, 2015 regarding the classification and compensation study of the Substation Technician classification. Members of city staff and representatives of IBEW met and conferred, and reached agreement on the proposed classifications, subject to the approval of the City Council. This report recommends City Council approval of the addition of Senior Electrical Test Technician job classification and a title change and updated job description from Substation Test Technician to Electrical Test Technician. In addition, Staff conducted a survey of the new Senior Electrical Test Technician classification from the twelve local jurisdictions approved by City Council that were considered comparable to the City of Vernon. The salary survey was conducted in compliance with the City of Vernon Personnel Policy 11-3, Salary Plan Administration, adopted by City Council on September 17, 2013 and subsequently revised on June 28, 2015. Consistent with the City's compensation plan, the recommended salary range for the new position is based upon the 75`h percentile of the comparable labor market and is internally aligned with similarly situated job families. The attached resolution amends Exhibit A of the Citywide Fringe Benefit and Salary Resolution to add/revise the following classifications and corresponding salary range as a result of the survey analysis: Ciassilication Job Exempt Salary Monthly Salary Code FLSA Grade Senior Electrical Test 8053 NE I31 $7,962 - $9,677 Technician (new) Electrical Test Technician (title change from Substation Test Technician) Page 2 of 4 Consequently, it is also recommended that effective September 6, 2015, one (1) incumbent in the position of Substation Technician be reclassified to Senior Electrical Test Technician, and placed at Salary Grade 131, Step 3 - $8,778 per month, and one (1) Substation Test Technician incumbent be retitled to Electrical Test Technician. 1 Classification and Compensation Plan Corrections A correction is necessary to the hourly salary steps of the Assistant Fire Marshal which should read as follows: Step 1 - $41.6596 per hour Step 2- $43.7423 per hour Step 3 - $45.9346 per hour Step 4 - $48.2308 per hour Step 5 - $50.6423 per hour The revision is based upon a 2080 hour work schedule opposed to 2912 for Fire platoon personnel. Fringe Benefits Section 7—Sick Leave The new Paid Sick Leave law enacted by AB1522, Healthy Workplaces, Healthy Families Act of 2014, went into effect July 1, 2015. The new law entitled all part-time and temporary employees to accrue up to three (3) paid sick days in a 12-month period for the diagnosis, care, or treatment of an existing health condition or preventative care for an employee or an employee's family member. On June 16, 2015, City Council adopted the new provisions and updated the current sick leave policies and practices to ensure compliance with the Paid Sick Leave Law. As such, the Paid Sick Leave Law had applied to most any employee, including temporary, extra help, part-time and seasonal employees who work 30 or more days within a year from when employment commences. However, on July 13, 2015, Governor Brown signed Assembly Bill (AB) 304, Chapter 67 of the Statues of 2015, which revised the definition of employee which was defined in AB 1522 and now excludes retired annuitants from being eligible for sick leave. This staff reports recommends City Council approval to update Fringe Benefits Section 7 — Sick leave to exclude retired annuitants from being eligible for sick leave in accordance to AB304 which revised the definition of employee. Fringe Benefits Section 18— Retiree Medical— The Retiree Medical policy states that should a retired employee fail to pay any premiums due for the cost of the insurance premium under the City's medical and dental insurance program for any three (3) consecutive months, or should the coverage otherwise lapse for any reason other than City's non-payment, then the City's obligation to make further payment under the retiree Page 3 of 4 medical benefits program shall automatically terminate and cease, without the need for further notice. In accordance with the City's medical and dental plan policies, should a retired employee fail to pay any premiums due for the cost of their insurance premiums under the retiree medical and dental insurance program, the City is limited to a two (2) month retroactive credit against the monthly billed invoice. This staff report recommends City Council approval to amend the City's obligation to automatically terminate and cease further payments under the retiree medical and dental benefits from three (3) consecutive months of non-payment to two (2) consecutive months of non- payment. This amendment will allow the City to fully recuperate their cost for the two (2) consecutive months of premiums not paid by the retiree. Fiscal Impact The approximate cost to reclassify one incumbent in the Substation Test Technician position for the remainder of this fiscal year is approximately $11,260 and can be absorbed within the Gas and Electric Department's current budget. Attachment(s) I. Resolution Adopting an Amended and Restated Citywide Fringe Benefits and Salary Resolution 2. Senior Electrical Test Technician Job Description 3. Electrical Test Technician Job Description Page 4 of 4 RESOLUTION NO . 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 WHEREAS, on June 16, 2015, the City Council of the City of Vernon adopted Resolution No. 2015-38, adopting an amended and restated Citywide Fringe Benefits and Salary Resolution to (i) revise or add the following job classifications with the corresponding salary ranges : add Assistant Fire Marshall, add Industrial Development Director, change the salary grade for Utilities Customer Service Supervisor, add Police Community Services Officer, add Administrative Fire Battalion Chief classification (ii) add the following unfunded job classifications with the corresponding salary ranges to the citywide classification and compensation plan for future career development paths within job series : add Building Inspector, add Senior Electrical Inspector, add Senior Plumbing and Mechanical Inspector; correct Step 4 for Police Dispatcher Lead to $5, 388 per month and add Administrative Fire Captain hourly salary (iii) amend Section 7 to include part-time and temporary sick leave accruals (iv) amend Section 11 to add Industrial Development Director and Administrative Fire Battalion Chief to Automobile Allowance and Reimbursement for Expenses and (v) implement the changes set forth in the various Memoranda of Understanding between the City of Vernon and the respective employee organizations; and WHEREAS, by memorandum dated September 1, 2015, the City Administrator, in conference with the Director of Human Resources, has recommended the adoption of an amended and restated Citywide Fringe Benefits and Salary Resolution to (i) amend Exhibit A to add the job classification with the corresponding salary range for the position of Senior Electrical Test Technician and revise the title and job description of Substation Test Technician (ii) correct the hourly salary of the Assistant Fire Marshal (iii) reclassify one incumbent in the Substation Test Technician to the Senior Electrical Test Technician (iv) retitle one incumbent in the Substation Test Technician position to Electrical Test Technician (v) Amend Section 7, Sick Leave, to exclude retired annuitants from part-time sick leave accruals and (vi) Amend Section 18, Retiree Medical - Non-Safety Employees - to read non-payment of two consecutive months shall automatically terminate and cease the City' s obligation to make further payments under the retiree medical benefits program; and WHEREAS, the City Council desires to adopt an amended and restated Citywide Fringe Benefits and Salary Resolution, a copy of which is attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS : SECTION 1 : The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct . SECTION 2 : The City Council of the City of Vernon finds that this action is exempt from California Environmental Quality Act ( "CEQA" ) review, because it is a general policy and procedure making activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378 . Furthermore, even if it were a project, because such activity will not have any effect on the environment, this action would be exempt from CEQA review pursuant to - 2 - CEQA Guidelines Section 15061 (b) (3) , the general rule that CEQA only applies to projects that may have a significant effect on the environment. SECTION 3 : Effective September 1, 2015, the City Council of the City of Vernon hereby approves the amended and restated Citywide Fringe Benefits and Salary Resolution, a copy of which is attached hereto as Exhibit A. SECTION 4 : All resolutions or parts of resolutions, specifically Resolution No. 2015-38, not consistent with or in conflict with this resolution are hereby repealed. SECTION 5 : 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 1st day of September, 2015 . Name : Title : Moor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM : � act zaynah Moussa, Dep y 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, September 1, 2015, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of September, 2015, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) - 4 - EXHIBIT A 9p� db City of Vernon FRINGE BENEFITS AND SALARY RESOLUTION Effective September 1 , 2015 TABLE OF CONTENTS FRINGE BENEFITS AND SALARY RESOLUTION PART 1 — FRINGE BENEFITS Introduction- I... ........... ......................................4 Section1: Holiday.............................................................................................4 Section 2: Administrative Leave Time............................................................... 6 Section3: Overtime ..........................................................................................8 Section 4: Compensatory Time........................................................................10 Section 5: Court Time ......................................................................................11 Section6- Vacation..........................................................................................12 Section 7: Sick Leave ......................................................................................14 Section 8: Family Sick Leave (Kin Care) .........................................................16 Section 9: Bereavement Leave........................................................................17 Section10- Jury Duty ........................................................................................19 Section 11- Automobile Allowance and Reimbursement for Expenses..............20 Section 12: Health Insurance.............................................................................22 Section 13: Dental Insurance.............................................................................24 Section 14- Vision Insurance .............................................................................25 Section 15: Life Insurance .................................................................................26 Section 16: Deferred Compensation Plan..........................................................27 Section 17: CalPERS Retirement Plan ..............................................................28 Section 18- Retiree Medical Insurance ..............................................................30 Section 19: Longevity Program..........................................................................32 Section 20: Bilingual Pay...................................................................................34 Section 21: Uniform Allowance..........................................................................35 Section 22. Stand-by Policy...............................................................................36 PART 11 — CLASSIFICATION AND COMPENSATION Section1. Purpose...........................................................................................39 Section 2. The Compensation Plan .................................................................39 Section 3. The Classification Plan ...................................................................39 EXHIBIT A — CLASSIFICATION AND COMPENSATION PLAN.................................40 PART 1 FRINGE BENEFITS i 3 INTRODUCTION The Fringe Benefit and Salary Resolution shall apply to all employees and officers of the City of Vernon. Exceptions, additions, and/or limitations to this basic policy may be found in respective Memoranda of Understanding or employment contracts. The existence of these policies shall not create or imply any employment contract or vested right of employees. For those employees covered in respective memoranda of understanding (MOU), the provisions set forth in the applicable MOU shall prevail in the event that there is any conflict between provisions established in this Resolution and any provisions established in the respective MOU. The provisions set forth in this Resolution or as amended from time to time shall be effective upon City Council adoption, unless a specific effective date is stated therein. PART 1 — FRINGE BENEFITS Section 1. HOLIDAYS A. Authorized holidays are as set forth in Table 1, attached hereto and incorporated herein by reference. Municipal offices shall be closed on such holidays. B. The dates for observation of holidays shall be approved by the City Council. C. If an authorized holiday falls on a Sunday, the following Monday shall be treated as the holiday. Holidays falling on a Friday, or Saturday, shall not be granted as an authorized holiday to employees. D. An employee whose regular shift assignment falls on an authorized holiday and who is required to work on that day shall be paid at his/her regular hourly rate of pay for the holiday, plus his/her regular hourly rate including any applicable overtime pay for the actual hours he/she was required to work on the authorized holiday. E. Temporary and part-time employees are not eligible for paid holidays. G. All full-time employees may use vacation time or compensatory time for a religious holiday (not listed herein as an authorized holiday) with the prior approval of the department head. If there is insufficient accumulated time, the employee may request the time as unpaid leave of absence. 4 TABLE 1 - HOLIDAY HOLIDAY January 15i- New Year's Day 3'd Monday in January- Martin Luther King Jr. Da 3Id Monday in February- Presidents Da March 31 S`- Cesar Chavez Da The Last Monday in May — Memorial Da July 4ch— Independence Day The 1 It Monday in Sept mber— Labor Day The 2rldmonday in October— Columbus Da November 11th —Veterans Dav The 4lh Thursday in November- Thanksgiving Da December 24lh— Christmas Eve December 25lh — Christmas Day December 31 s'— New Year's Eve And other days as such designated by City Council. 5 Section 2. ADMINISTRATIVE LEAVE A. Executive and Management - Includes City Administrator, City Attorney, City Clerk, City Treasurer and the heads of all Departments as listed in the City Code or City Charter and their respective Deputies and Assistant Directors shall receive, effective January 1 of each calendar year, 80 hours of Administrative leave. B. The 80 hours may not be carried over into the succeeding calendar year and is lost and not eligible for cash payout if not used by December 31 of each calendar year. C. Executive and Management staff hired, promoted, or reclassified on or after April 1 of each calendar year shall be eligible to receive pro-rated administrative leave hours during the year of hire as identified below: Hired, Promoted, or Reclassified on Administrative Leave or Between January 1 — March 31 80 hours April 1 — June 30 60 hours Jul 1 — Se t. 30 40 hours Oct 1 — Dec. 31 20 hours D. Mid-Management — Staff who are designated as exempt in accordance with the Fair Labor Standards Act shall receive, effective January 1 of each calendar year, 60 hours of Administrative leave E. The 60 hours may not be carried over into the succeeding calendar year and is lost and not eligible for cash payout if not used by December 31 of each calendar year. F. Mid-Management FLSA exempt staff hired, promoted, or reclassified on or after April 1 of each calendar year shall be eligible to receive pro-rated administrative leave hours during the year of hire as identified below: Hired, Promoted, or Reclassified on or Administrative Leave Between January 1 — March 31 60 hours _ April 1 — June 30 45 hours Jul 1 — Sept. 30 30 hours Oct 1 — Dec. 31 15 hours G. All Administrative leave requests should be approved by the department head or City Administrator at least ten days in advance of the date to be taken, although 6 the department head retains discretion to approve the use of Administrative Leave in special circumstances. H. The City Administrator or his/her designee may grant additional administrative leave upon commencement of employment in order to attract highly qualified and experienced executive and management level staff. 7 Section 3. OVERTIME A. It shall be the duty of all department heads to operate their respective departments with a minimum amount of overtime. If the best interests of the City require that an employee work beyond the forty (40) hours of work scheduled, such employee shall be compensated as set forth hereinafter. B. The department head may reschedule the workweek of employees in positions not exempt from the FLSA to allow credit for productive hours actually worked on one day (excluding lunch periods) towards the regular paid workweek schedule. For example, if an employee works twelve (12) hours on one day (based on a ten (10) hour day), the entire twelve hours will be recorded on the time card as paid worked time. In this example, the department may schedule the employee to work only eight (8) hours on one of the other scheduled workdays in the workweek, as long as the employee's hours for the workweek do not fall below the minimum paid work hours schedule. C. All overtime requests must have prior written authorization of the respective department head or designee prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Where verbal authorization is obtained, written authorization must be obtained as soon thereafter as practicable. D. Except as may be provided in specific memoranda of understanding, employees will be paid overtime at time and a half (1.5) of their regular hourly rate for all eligible hours worked in excess of forty (40) hours in a single workweek. E. Holidays (regular, in-lieu), vacation time, sick leave, compensatory time, paid jury duty leave, and bereavement leave shall count as time worked for the purposes of computing overtime. Unpaid jury leave, disciplinary suspensions, and administrative leave shall not count as time worked for the purpose of computing overtime. F. In the event a part-time or temporary employee is required to work beyond his/her assigned working hours, compensation shall be at the normal hourly rate up to forty (40) hours per workweek. For hours worked beyond forty (40) in a workweek, such employee shall be compensated at the rate of one and one-half of (1.5) said employee's hourly rate. G. If an employee works on his/her regular day off, the employee will receive paid compensation or receive compensatory time, at the employee's discretion. With a mutual agreement between an employee and his/her supervisor, an employee's regular day off may be rescheduled to another day off in the same pay period. I. An employee is expected to begin work no more than five (5) minutes prior to the beginning of his or her scheduled start time, and to stop work no later than five 4 (5) minutes after the end of his or her scheduled ending time. An employee who wishes to begin or end work at a different time must obtain written approval from his or her department head prior to working the different or additional time. J. Straight time and overtime will be compensated in six (6) minute segments of time. K. While overtime should be attempted to be distributed equally amongst all employees in a given classification, the department head retains discretion to assign such overtime. L, The City Administrator, department heads and those management employees designated by the City Administrator as exempt under the provisions of the Fair Labor Standards Act (FLSA) shall not be subject to the provisions of this section relating to overtime, but shall work such hours as may be necessary for the effective operation of their respective departments. M. Please refer to Human Resources Policy, Salary Plan Administration II-3 9 Section 4. COMPENSATORY TIME A. All regular full-time employees may request to accrue compensatory time in lieu of cash payment for overtime worked. The total compensatory time accrued is calculated by multiplying the number of hours of overtime worked by the applicable overtime rate (1, 1.5 or 2), and is subject to the approval of the department head. B. Compensatory time may be accumulated up to a maximum of sixty (60) hours. It is at the employee's option whether to receive overtime compensation or compensatory time accruals up to the 60-hour limit. C. Compensatory time shall be taken in 15-minute increments. Scheduling of compensatory time requires prior approval and must be preceded by a ten (10) day notice of intended use from the employee. Management may waive the ten (10) day notice in cases of emergency. D. Employees who have reached the 60-hour limit shall receive overtime compensation. There are no cash payouts of compensatory time once an employee has elected compensatory accrual. 10 Section 5. COURT TIME A. The required presence in a court of law of any employee subpoenaed to testify in a matter arising within the course and scope of his/her City employment shall be compensated in accordance with the below provisions. B. For each day that the presence of the employee is required in a court of law in response to an order or subpoena in relation to an incident or event arising out of the course and scope of employment with the City, the employee shall be given a paid leave of absence. C. For each day an employee is required in a court of law in response to an order or subpoena in relation to an incident or event arising out of the course and scope of employment with the City that is outside of the employee's regularly scheduled work shift, the employee shall be given a paid leave of absence. D. An employee who needs to appear in court on any other matter not arising out of the course and scope of employment with the City shall be expected to use their accrued paid leave to make such appearance, or unpaid leave if no leave is available. 11 Section 6. VACATION A. Except as provided for in respective memoranda of understanding, every full time employee who has been in the continuous employment of the City shall receive annual vacation leave as set forth in below: Mid-Management and Confidential Staff: Continuous Years of Service Vacation Hours Earned Bi-Weekly Accrual 15t year thru 4t' year 80 3.08 5th year thru 9th year 100 3.85 101h year thru 14th year 120 4.62 15th year thru 24th year 160 6.16 25th year and more 190 7.31 Executive and Management Staff: Include the City Administrator, City Attorney, City Clerk, City Treasurer and the heads of all Departments as listed in the City Code or City Charter and their respective Deputies and Assistant Directors. Continuous Years of Service Vacation Hours Earned Bi-Weekly Accrual 1St year thru 4th year 120 4.62 5th year thru 101h year 150 5.77 10th year thru 151h year 170 6.54 15th year thru 25th year 185 7.12 25th year and more 190 7.31 B. Mid-Management and Confidential staff shall be allowed to accumulate and carry over to the next calendar year a maximum number of hours equal to the number of hours the employee accrued during the immediately preceding year. In or about January of each year, employees shall be compensated for unused accrued vacation benefit in excess of the allowed accumulated amount referenced herein. C. Executive and Management staff shall be allowed to accumulate up to a maximum accrual cap of 480 hours. Upon reaching the 480-hour maximum accrual cap, the employee shall stop accruing vacation leave benefit until such time he/she brings the vacation accrual below the 480-hour maximum accrual. D. Vacation leave shall be scheduled with the approval of the City Administrator or department head or his or her designee by submitting a Leave Request Form in 12 writing, within ten (10) business days before the beginning of the vacation. Vacation leave requests for extended times (3 weeks or more), unless an unforeseen emergency exists, shall be submitted at least thirty (30) days in advance of the beginning of the vacation. E. Vacations shall be approved subject to the needs of the department. The employee's seniority and wishes will be factors that are considered during the scheduling process. F. Vacation leave requests shall not be in excess of such leave actually earned at the time it is requested or in excess of the regular scheduled workweek. G. No vacation leave shall be accumulated by employees while they are on an unpaid leave of absence. H. Vacation may be taken prior to the completion of the employee's probationary period under special circumstances and with the approval of the department head. I. In the event one or more City holidays fall within a vacation period, such holidays shall not be charged as vacation leave. J. Upon separation from City employment, compensation shall be paid for vacation leave that has been earned but not taken. K. Vacation leave shall be requested in fifteen (1 5) minute increments. L. The department head retains discretion to cancel previously authorized vacation in the case of an emergency. M. The City Administrator or his /her designee may grant additional leave upon commencement of employment in order to attract highly qualified and experienced executive and management level staff. 13 Section 7. SICK LEAVE A. All full-time employees shall accrue up to 80 hours of sick leave per calendar year, at a rate of 3.08 of sick leave hours per pay period. B. In accordance with the Healthy Workplaces, Healthy Families Act of 2014, beginning July 1, 2015, all part-time and temporary employees (excluding CalPERS retired annuitants) working for 30 or more days within a year shall be entitled to accrue paid sick days at the rate of one (1) hour per every 30 hours worked. C. Employees shall only receive sick leave accrual while they are in a paid status. D. The City shall allow annual carry-over of sick leave hours for full-time employees up to a maximum accrual cap of 960 hours and 48 hours for eligible part-time/ temporary employees. This bank of carry-over sick leave would provide a cushion for long-term illnesses and injuries. E. Any sick leave hours exceeding 960 hours (full-time) or 48 Hours (part-time will be compensated for at the end of the calendar year at 50% of the employee's hourly rate. F. Temporary employees are not eligible for cash-out of accrued sick leave hours. G. All employees who are rehired with a break in service of less than one year are entitled to have previously unpaid accrued and unused paid sick days reinstated. H. Sick leave shall be allowed on account of actual illness, for the diagnosis, care, or treatment of an existing health condition or preventative care for an employee or an employee's family member (including to care for a parent-in-law, grandparent, grandchild, or a sibling, in addition to child, parent, spouse or registered domestic partner). Sick leave shall also be allowed for an employee for certain purposes related to being a victim of domestic violence, sexual assault, or stalking. Preventive health care shall include medical and dental appointments (if such appointments cannot be arranged other than during working hours) and injury not arising out of and in the course of employment. Sick leave shall be used in increments of fifteen (15) minutes and shall not be taken in excess of time earned at the time it is taken. I. Foreseeable sick leave requires advance notification, while unforeseeable sick leave requires notice as soon as practicable. If sick leave on account of any of the above illnesses exceeds two (2) consecutive working days, the employee, prior to return to work, shall submit a statement of such disability illness or injury from the employee or family member's physician. The statement shall certify the physical condition of the employee/employee's family member that prevented the 14 employee from performing the duties of said employee's position during the period of absence. The department head or designee, in accordance with departmental procedure, shall approve all sick leaves. Notwithstanding the above, the City may require verification of sick leave use whenever it has reason to believe there is misuse, abuse or a pattern of abuse. J. Abuse of sick leave, and excessive leave, may constitute grounds for disciplinary action. Abuse of sick leave includes, but is not limited to, not adhering to sick leave policies, using sick leave for purposes not enumerated in this policy, and falsifying or misstating facts when using sick leave. A pattern of sick leave usage on Mondays, Thursdays, and immediately before and after holidays andlor vacations may be evidence of sick leave abuse. A violation of this policy will result in corrective action including counseling and/or disciplinary action, and/or a mandatory referral to the City's Employee Assistance Program. This determination of abuse does not apply to an employee's use of sick leave under an approved family, medical, and/or pregnancy disability leave in accordance with state and federal laws. K. If in the opinion of the department head it appears that an employee may be establishing a pattern of abuse of sick leave or frequent or excessive absences, a statement establishing the need for sick leave from the employee's physician may be required as a condition of approved sick leave. L. Employees may use accrued compensatory or vacation leave for extended sick leave absence because of a prolonged and continuing illness and/or medical treatment after sick leave has been exhausted. M. Employees are required to use accumulated sick leave concurrently with absences on account of a work related injury arising out of and in the course of his/her employment. In cases where the injury suffered is covered by Workers Compensation Insurance, accumulated sick leave must be used concurrently to make up the difference between Workers Compensation Insurance allowance and full base pay. Please refer to Personnel Policy, Family and Medical leave Policy. N. If an employee resigns from the City with 20 years or more of continuous service, he/she will be compensated for all unused sick leave hours in his/her sick leave bank at the time of separation at 50% of his/her then current regular hourly rate of pay. O. If an employee retires from the City with 15 or more years of continuous service, but fewer than 20 years, he/she will be compensated for all unused sick leave hours in his/her sick leave bank at the time of separation at 50% of his/her then current regular hourly rate of pay. If an employee retires from the City with 20 or more years of continuous service, he/she will be compensated for all unused sick 15 leave hours in his/her sick leave bank at the time of separation at 100% of his/her then current regular hourly rate of pay. P. If a temporary employees resigns or the temporary assignment has ended, he/she shall not be eligible for compensation of unused sick leave hours in his/her sick leave bank at the time of separation. 16 Section 8. FAMILY SICK LEAVE (KIN CARE) In any calendar year, employees may use the employee's accrued and available sick leave entitlement, in an amount not more than the sick leave that would be accrued during six months at the employee's then current rate of entitlement, for qualifying family illness as follows: Sick leave for family illnesses will be allowed only for the sickness of the spouse of, or the children of, or mother or father of, the employee living within the same household. In the case of joint custody of a child, illness of the child occurring at the other custodial parent's house may also qualify. The department head shall approve all family sick leaves and a statement establishing the need for sick leave from a physician may be required as a condition of payment while on such leave. 17 Section 9: BEREAVEMENT LEAVE A. Permanent full-time employees, regardless of period of service, may in the event of death or if death appears imminent, of any "immediate family member" as defined below, including the equivalent relatives of a registered domestic partner, be allowed up to the equivalent of four (4) work days (total hours may vary depending on work schedule) of bereavement leave without loss of salary. Relative All Regular Employees Spouse 4 work days Child 4 work days Registered 4 work days Domestic Partner Step-Child 4 work days Parent 4 work days Step-Parent 4 work days Mother-in-law 4 work days Father-in-law 4 work days Grandchild 4 work da s Step-Grandchild 4 work days Grandparent 4 work days Grandparent-in-law 4 work days Brother 4 work days Sister 4 work days -Step-Sister 4 work days Step-Brother 4 work days Daughter-in-law 4 work days Son-in-law 4 work days Brother-in-law* 4 work days Sister-in-law" 4 work days Brother-in-law and sister-in-law are defined as the spouse of the employee's sibling or the sibling of the employee's spouse. B. Bereavement leave is paid over a maximum of seven (7) workdays and is paid in thirty-minute increments. The bereavement leave begins on the first regularly scheduled workday as requested by the employee. If the employee learns of the death while at work, he or she is entitled to leave work immediately; this partial day leave will not be counted towards the bereavement leave. C. Bereavement leave must be authorized by the Department head and must be utilized within fifteen (15) days of employee learning of the death, or of the date of foreseen imminent death of the immediate family member, unless special circumstances require that the leave begin at a later date. Such requests to the Department head shall be made within 15 days of the employee learning of the 18 death or of the date of foreseen imminent death and shall not be unreasonably denied. D. Representatives may be selected by the Department head to attend with pay the funeral of a co-worker in said department on behalf of the City if the funeral of the deceased co-worker occurs during working hours; provided the funeral is held within a reasonable distance of City limits. 19 Section 10: JURY DUTY A. All regular full-time employees summoned to serve on jury duty shall be provided "Jury Duty Pay" and there shall be no loss of compensation. An employee will be compensated up to two weeks at full pay for jury duty. The employee must provide notice of the expected jury duty to his or her supervisor as soon as possible, but in no case later than 14 calendar days before the expected start date of the jury duty. B. An employee on call for jury duty is expected to report to work. An employee who is called in for jury duty does not have to report to work before or after appearing in court. All employees shall obtain verification of the hours of jury duty performed using verification forms as may be supplied by the court. C. Except as herein provided, employees shall remit to the City any compensation received for those days while on jury duty and shall receive regular pay for the time served. Employees shall be reimbursed by the City for the mileage portion of the jury duty compensation. Jury duty performed on an employee's regular day off shall not be compensated by the City and the employee shall be entitled only to the jury's compensation for duty performed on such employee's regular day off. Employees assigned to jury duty on a City authorized holiday will be considered to have taken such a holiday and will receive regular holiday pay, but the employee shall be entitled to the jury compensation for duty performed on such holiday. 20 Section 11: AUTOMOBILE ALLOWANCE AND REIMBURSEMENT FOR EXPENSES A. Any employee who is required to use said employee's personal automobile in the course of employment with the City shall be reimbursed for each mile actually traveled on official business in accordance with the per mile reimbursement rate allowed by the Internal Revenue Service in effect at the time of such travel. B. Any employee who is required to travel in the performance of his or her duties or to attend an authorized meeting or conference which is of benefit to the City shall be reimbursed for reasonable expenses incurred for transportation, meals, lodging and incidentals. Automobile allowance and reimbursement for expenses shall be recommended by the department head or designee and approved by the City Administrator pursuant to the provisions of the City of Vernon Travel and Meeting Expense Reimbursement Administrative Policy. No allowance shall be made for transportation between the employee's home and the place where such person is normally employed by the City. C. Certain employees serving in specified classifications shall receive a monthly automobile allowance a s set forth b e l o w and incorporated herein by reference; alternatively, specified employees may opt to receive use of a City- owned vehicle and fuel. Classification Amount City Administrator $600.00 or City Vehicle City Attorney $400.00 Finance Director $400.00 Fire Chief City Vehicle & Fuel Assistant Fire Chief City Vehicle & Fuel Fire Marshal City Vehicle & Fuel Administrative Fire Battalion City Vehicle & Fuel Chief Administrative Fire Captain City Vehicle & Fuel Fire Training Captain City Vehicle & Fuel Gas & Electric Director $400.00+ Industrial Development $400.00 i Director 21 Utility Operations Manager City Vehicle & Fuel Police Chief City Vehicle & Fuel Health Director $400.00 Police Admin. Lieutenant I City Vehicle & Fuel Police Canine Officer#1 City Vehicle & Fuel Police Canine Officer#2 City Vehicle & Fuel Police Captain City Vehicle & Fuel Police Lieutenant City Vehicle & Fuel Police Motor Officer#1 City Vehicle & Fuel Police Motor Officer #2 City Vehicle & Fuel Public Works, Water & $400.00 Development Services Director D. Wherever an automobile allowance is made to any employee for the use of their personal automobile, such allowance shall not be payable whenever the employee is on vacation, leave of absence, or otherwise absent the entire calendar month, unless otherwise specified by the City Administrator. E. The City shall not be responsible for repairs or any additional costs for upkeep, fuel, lubrication, replacement in whole or in part, or other expenses in connection with any such vehicle beyond the respective amounts set forth above. *Fringe benefits for the Director-of Gas and Electric classification have historically included and currently include use ova City-owned vehicle and fuel. Accordingly, the current Director of Gas and Electric Wray continue to use a Cite-owned vehicle and fuel in-lieu of receiving the $400 monthly automobile allowance. Once the current City- owned vehicle is due for replacement or the current incumbent leaves the position, whichever occurs first, the Director of Gas and Electric classification will receive the$400 monthly automobile allowance. 22 Section 12: HEALTH INSURANCE A. The City offers various medical plans to employees under a Section 125 Cafeteria plan (non-cash out). The City reserves the right to select, administer, or fund any fringe benefit program involving insurance that now exist or may exist in the future. The City will adhere to the cafeteria plan requirements in accordance with IRS Section 125 regulations. B. The City shall contribute for each full-time employee up to the maximum amounts as set forth below per pay period, toward the cost of his/her medical plan as outlined in Subsection A through C below. In the event an employee does not exhaust nor exceed his/her monthly medical allowance, the employee shall be allowed to apply any unused portion towards the purchase of dental, vision, supplemental or ancillary plans offered through the City and approved by the Director of Human Resources. a. For employees enrolled in either the HMO or PPO (non-HSA) medical plans, the City shall pay up to $1,050 per month of the cost of the plan for employees and their eligible dependents (spouse, registered domestic partners and qualified dependents) The cost of any plan selected by the employee that exceeds $1,050 shall be paid by the employee through a pre-tax payroll deduction. b. Effective January 1, 2015, employees enrolled in either the HMO or PPO (Non-HSA) medical plans, the City shall increase the amount by $70.00 and pay up to $1120.00 toward the monthly medical allowance. c. For Employees enrolled in the PPO/HSA plan, the City shall pay up to $800 per month of the monthly cost of the plan for employees and their eligible dependents (spouse, registered domestic partners and qualified dependents). In addition, for each employee enrolled in a PPO/HSA plan, annually the City shall make lump sum contributions to a health savings account (HSA) as follows: $1,500 in January and $500 each in March, June, and September. The cost of any PPO/HSA plan selected by the employee that exceeds $800 shall be paid by the employee through a pre-tax payroll deduction. d. Effective January 1, 2015, employees enrolled in the PPO/HSA medical plan, the City shall increase the amount by $70 and pay up to $870 toward the monthly cost of the plan for employees and their eligible dependents. ., x C. City Council members are entitled to the same medical benefits offered to the management and confidential employees. The City shall not pay or reimburse any medical-related health, vision, or dental costs not covered by the City's insurance program or Medicare for City Council members or their eligible dependents or spouses. D. The City shall not provide or reimburse the City Council members or their dependents or spouses for expenses incurred relating to a PIERS long-term health care benefit. 24 Section 13: DENTAL INSURANCE The City of Vernon provides a dental insurance plan to full-time employees. In the event an employee does not exceed his/her monthly employer medical allowance, the employee shall be allowed to apply any unused portion toward the purchase of dental insurance for himself/herself and eligible dependents (spouse, registered domestic partners and qualified dependents). The cost of any plan selected by the employee that exceeds his/her monthly employer medical allowance shall be paid by the employee through a pre-tax payroll deduction. 25 Section 14: VISION INSURANCE The City of Vernon provides a vision care plan to full-time employees. The City shall pay 100% of the cost of such a plan for employees only. Employees shall have the option of purchasing vision care for their dependents at a cost of $6.95 for one dependent or $13.95 for two or more dependents. In the event an employee does not exceed his/her monthly employer medical allowance, the employee shall be allowed to apply any unused portion towards the purchase of additional provided coverage for vision care. 26 Section 15: LIFE INSURANCE The City provides a $20,000 life insurance plan to full-time employees. The City shall pay 100% of the cost of such plan for employees. The City's agreement to pay full or partial costs of said premiums shall not create or ripen into a vested right for said employee. In the event an employee does not exceed his/her monthly employer medical allowance, the employee shall be allowed to apply any unused portion towards the purchase of additional provided coverage for supplemental life insurance. 27 Section 16: DEFERRED COMPENSATION PLAN Employees are eligible to participate in the City's Deferred Compensation Program. 28 Section 17: CALIFORNIA PUBLIC EMPLOYEE RETIREMENT SYSTEM (CALPERS) CONTRIBUTION MISCELLANEOUS EMPLOYEES A. The City shall maintain its contract with the California Employees Public Retirement System (PERS) that provides full-time employees hired before January 1, 2013 with 2.7% at 55 PERS retirement benefit plan. As a result of the recent passage of AB 340, Public Employee Pension Reform Act (PEPRA), new CaIPERS members hired on or after January 1, 2013 who meet the definition of new member under PEPRA, shall be provided a 2.0% at 62 PERS retirement benefit plan. B. Employees shall be responsible for paying 100% of their PERS employee's contributions. C. The City provides additional supplemental retirement benefits to full-time employees under CalPERS as follows: a. Gov't Code Section: 20042 — (Classic Members Only) One Year Final Compensation New employees hired on or after January 1, 2013 who meet the definition of new member under PEPRA shall receive 3 Year Average Final Compensation b. Gov't Code Section: 21024 - Military Service Credit as Public Service C. Gov't Code Section: 21624, 21626, 21628 — Post Retirement Survivor Allowance d. Gov't Code Section: 21548 — Pre-Retirement Option 2W Death Benefit d. Gov't Code Section: 21573 — Third Level of 1959 Survivor Benefits D. The payment to CalPERS made by the City on behalf of the affected employee shall not be considered as base salary but shall be considered an employer contribution pursuant to Section 414(h)(2) of the Internal Revenue Code. 29 SAFETY EMPLOYEES A. The City shall maintain its contract with the California Employees Public Retirement System (PERS) that provides full-time safety employees hired before January 1, 2013 with 3.0% at 50 PERS retirement benefit plan. As a result of the recent passage of AB 340, Public Employee Pension Reform Act (PEPRA), new CalPERS safety members hired on or after January 1, 2013 who meet the definition of new member under PEPRA, shall be provided a 2.7% at 57 PERS retirement benefit plan. B. Employees shall be responsible for paying their PERS nine percent (9%) employee's contributions. C. The City provides additional supplemental retirement benefits to full-time employees under CalPERS as follows: a. Gov't Code Section: 20042 — (Classic Members Only) One Year Final Compensation New employees hired on or after January 1, 2013 who meet the definition of new member under PEPRA shall receive 3 Year Average Final Compensation b. Gov't Code Section: 20124 - Military Service Credit as Public Service C. Gov't Code 21574 — 4th Level 1959 Survivor Benefit (Fire members only) d. Gov't Code Section: 21571 — Basic Level of 1959 Survivor Benefit (Police members only) e. Gov't Code Section: 21624, 21626, 21628 — Post Retirement Survivor Allowance f. Gov't Code Section: 21548 - Pre-Retirement Option 2W Death Benefit (Fire members only) g. Gov't Code Section 20965 — Credit for Unused Sick Leave D. The payment to CalPERS made by the City on behalf of the affected employee shall not be considered as base salary but shall be considered an employer contribution pursuant to Section 414(h)(2) of the Internal Revenue Code. 30 Section 18: RETIREE MEDICAL - NON-SAFETY EMPLOYEES A. The City will pay up to the amount equivalent to the then current, lowest cost, employee only HMO insurance premium for the City's medical and/or dental insurance premium(s) for all full-time employees designated as Executive, Management, Mid-Management and Confidential who retire at age 60 or later with at least twenty(20)years of continuous uninterrupted service. B. Retired employees will be permitted to enroll in a higher-cost plan and pay the amount in excess of the HMO equivalent. C. All full-time regular employees with at least thirty (30) years of continuous uninterrupted service who retire before the age of sixty (60) years will be permitted to pay their medical and/or dental insurance premiums, and, upon reaching the age of sixty (60), the City will pay up to the amount equivalent to the then current lowest cost, employee only HMO medical and/or dental insurance premium(s). D. All full-time regular employees, who retire with a minimum of ten (10) years of continuous uninterrupted service with the City, may pay the premium(s) for medical and/or dental insurance. E. All retiree medical and/or dental insurance benefits provided pursuant to subsections A, B, and C above, shall be for retired employees only and shall not include their spouses or other dependents. F. All retired employees who receive medical and/or dental insurance benefits pursuant to subsections A, B, or C above and who reach the age of sixty-five (65), are required to be enrolled in Medicare, and shall show proof of such enrollment, where upon the City's insurance policy will become supplemental coverage, if applicable. G. Should the retired employee fail to pay any premiums due for the cost of the insurance premium for the City's medical-dental insurance program for any twohfee (23) consecutive months, or should the coverage otherwise lapse for any reason other than City's non-payment, then the City's obligation to make further payment under the retiree medical benefits program shall automatically terminate and cease, without the need for further notice. H. The City's obligation to make any payment under the retiree medical benefits program shall automatically terminate and cease upon the death of the retired employee. 1. The offer of the retiree medical benefits is not a vested right for future years. J. City Council members are entitled to the same retiree medical benefits offered to all 31 full-time regular employees as identified under the citywide resolution for retiree medical benefits in effect at the time Council members retire. 32 Section 19: LONGEVITY PROGRAM A. LONGEVITY PROGRAM FOR EMPLOYEES EMPLOYED ON OR BEFORE .TUNE 30, 1994. The City has established a longevity program for all employees. The longevity program described herein will apply to all employees, except Department Heads and employees covered in a collective bargaining agreement, employed on or before June 30, 1994. a. Five (5) Years of Service. All eligible employees who have five (5) years of consecutive uninterrupted service on or before July 1, 1986, shall receive an additional five percent (5%) per month of their base salary effective July 1 , 1986, and every year thereafter until reaching the next step. Employees upon reaching their 5th anniversary date after July 1, 1986, shall be entitled to said five percent (5%) per month upon said anniversary date. b. Ten (10) Years of Service. All eligible employees who have ten (10) years of consecutive uninterrupted service on or before July 1, 1987, shall receive an additional ten percent (10%) per month of their base salary effective July 1, 1987, and every year thereafter until reaching the next step. Employees upon reaching their 10th anniversary date after July 1, 1987, shall be entitled to said ten percent (10%) per month upon said anniversary date. c. Fifteen (15) Years of Service. All eligible employees who have fifteen (15) years of consecutive uninterrupted service on or before July 1, 1988, shall receive an additional fifteen percent (15%) per month of their base salary effective July 1, 1988, and every year thereafter until reaching the next step. Employees upon reaching their 15th anniversary date after July 1, 1988, shall be entitled to said fifteen percent (15%) per month upon said anniversary date. d. Twenty (20) Years of Service. All eligible employees who have twenty (20) years of consecutive uninterrupted service on or before July 1, 1989, shall receive an additional twenty percent (20%) per month of their base salary effective July 1, 1989, and every year thereafter. Employees upon reaching their 20th anniversary date after July 1, 1989, shall be entitled to said twenty percent (20%) per month upon said anniversary date. e. Thirty (30) Years of Service — Fire - Sworn All eligible fire employees who have been appointed to a position ranking above Captain and who have thirty (30) years of consecutive uninterrupted service on or before July 1, 1991, shall receive an additional twenty-five percent (25%) of their base salary per month effective July 1, 1991, and every year thereafter. Employees in 33 said position upon reaching their 30th anniversary date after July 1, 1991, shall be entitled to said twenty-five percent (25%) per month upon said anniversary date. f. Compensation Not Cumulative. Payment of the aforesaid longevity compensation shall not be cumulative and only the highest applicable longevity pay shall be paid. B. LONGEVITY PROGRAM FOR EMPLOYEES ON OR AFTER JULY 1, 1994 AND ON OR BEFORE DECEMBER 31, 2013. The longevity program described in Section B herein will apply to all employees, except Department Heads and employees covered in a collective bargaining agreement, employed on or after July 1, 1994. a. Five (5) Years of Service. All eligible employees who are employed on or after July 1, 1994 and on or before December 31, 2013, who attain five (5)years of consecutive uninterrupted service shall receive an additional five percent (5%) per month of their base salary. Such employees upon reaching their 5th anniversary date shall be entitled to receive said five percent (5%) per month upon said anniversary date. Further, such employees will not be entitled to receive any additional percentage increase to their base salary for further service. This subsection shall only apply to employees hired on or after July 1, 1994 and on or before December 31, 2013. 34 Section 20: BILINGUAL PAY A program is hereby established for all employees whose regular and essential job duties as described in their job description provide for interaction with the public on a regular basis, allowing said employee to be compensated for bilingual skills after the employee demonstrates proficiency in speaking Spanish (the ability to read and write in Spanish may also be tested, if necessary), which proficiency would be determined by successful completion of a proficiency test administered by the Human Resources Department. Those employees who successfully demonstrate this skill would be eligible to receive an additional One Hundred Twenty-Five Dollars ($125.00) per month for bilingual pay. 35 Section 21: UNIFORM ALLOWANCE A. If an employee's job classification requires him/her to wear a uniform while on duty, as designated by the City or employee's Department, the City will provide and launder such uniform. B. For the Administrative Secretary and Police Records Manager that works in the Police Department, the City will provide the initial set of uniforms to the employees. The newly hired employee will receive: two (2) class A uniforms; two (2) class B uniforms; two (2) polo shirts and one (1) jacket or sweater. On all subsequent anniversary dates the City will provide an annual uniform purchase and maintenance allowance of $600.00. The employee's uniforms shall meet the applicable regulations for his/her job classification pursuant to City/Departmental policies. C. The monetary value of uniforms shall be reported to CalPERS in accordance with CCR 571(a) and as defined by GC 7522.04(f) 36 Section 22: STAND-BY POLICY The purpose of the Stand-by Policy is to have employees on stand-by to respond to major incidents and emergencies during non-working hours which require immediate attention to availability of qualified individuals with expertise in operating, maintaining, restoring and repairing the City's technology systems. A. It is presently anticipated that the need for stand-by is for one (1) Information Technology staff, with the understanding that actual stand-by staffing, if any, remains at the discretion of the department head. B. The Stand-by Policy does not apply to FLSA exempt managers and Executive staff. C. Stand-by duty requires that an employee be accessible, available, and physically able to report to work. The employee must possess a City issued mobile phone device that remains available for immediate contact. The employee must be ready, willing, and able to respond to an emergency or incident or request for assistance based on a pre-arranged schedule. Employees on stand-by must respond to the mobile phone call immediately and be able to respond to the City within one (1) hour of being called upon. The department head or designee will determine if an employee is qualified to perform stand-by duties. The stand by duty period shall be defined by the Department Head. D. Employees on "stand—by" shall receive two (2) hours of regular straight time compensation for each date that the employee is assigned to be on stand-by. Stand-by time is not counted as hours worked for purposes of overtime calculation as employees are not restricted in their activities and may engage in non-work related personal activities. On City-recognized Holidays where City Hall is closed, employees on stand-by will be compensated four (4) hours of straight time compensation. E. An employee assigned to stand-by who is not available to report will be subject to appropriate disciplinary action, unless the employee provides sufficient notice to their immediate supervisor of their incapacity to respond prior to the call back so that appropriate arrangements can be made for stand-by coverage. F. When an employee on "stand-by' is called back to the City, he/she shall be entitled to "stand-by" pay. Call back duty does not occur when an employee is held over from his/her prior shift, or is working planned overtime. An employee called back to duty shall be paid a minimum of four (4) hours of pay at the applicable overtime rate. Time begins when the call back request is received and ends when the employee returns home. If work is performed remotely, the employee shall receive hour for hour compensation at the applicable overtime rate. 37 G. The employee will at times remain able to immediately respond to any emergencies. H. Each employee on stand-by duty is accountable to all of the rules and regulations of the City. In the event of a call back, the employee will wear his/her City uniform, if applicable. 38 PART II CLASSIFICATION AND COMPENSATION PLAN 39 Section 1_ PURPOSE Exhibit A to this resolution is enacted pursuant to the City of Vernon City Charter to provide for the classification and compensation of City officers and employees, and to conform to the principle of equal pay for equal work. Officers and employees of the City of Vernon shall receive compensation and costs in accordance with the amounts set forth in the attached compensation plan. Section 2. THE COMPENSATION PLAN The basic compensation plan for the various employee units, groups and non- classified employees, as of the date of adoption of this plan is hereby established as set forth in Exhibit A, Citywide Classification and Compensation Plan, which is attached hereto and incorporated herein by reference. The City Administrator shall have authority to create and maintain salary steps to implement the provisions of this Section. Salaries granted pursuant to this provision shall be reported to PERS as compensation earned. Please refer to Human Resources Policy II-3, Salary Plan for specific policy and procedures. Section 3. THE CLASSIFICATION PLAN The classification plan includes the allocation of class titles to salary ranges for City officers and employees. The Classification Plan further includes the allocation of class titles to salary ranges for those employees that are designated as exempt from the classified service. These exempt classes are for elective officers; persons appointed by the City Council, including the City Administrator, and City Attorney; persons appointed by the City Administrator, including department head or designees; and persons appointed by the City Attorney pursuant to City of Vernon Municipal Code that serve in an "at will" capacity subject to the terms and conditions of an employment contract and are so designated in the plan as "non-classified." The classification plan as of the date of adoption of this plan is hereby established as set forth in Exhibit "A" which is attached hereto and incorporated herein by reference. The Human Resources Director, with approval by the City Administrator or his/her designee, is responsible for maintenance of the Classification Plan, including the allocation of new or changed positions to the appropriate class, the recommendation of proper salary ranges within the provision of pay administration, maintenance of up- to-date class specifications, and the preparation of reports and recommendations on revisions to the Classification Plan. Please refer to Human Resources Policy II-1, Classification Plan Administration for specific policy and procedures. 40 EXHIBIT A CLASSIFICATION AND COMPENSATION PLAN 41 City of Vernon 1 of 21 Classification and Compensation Plan Effective September 1, 2015 Class occupational . , Families and Job Classes FLSA PAY PeriodCod 1 GRADEJ Annual I Monthly ' Hourly Pay Add Sr.Electrical Test Tech,Retitle Electrical Test Tech formerly Substation Test Tech, Correct hourly Salary Assistant Fire Marsha! • 1025 Council Member E 001 $25,752 $2,146 t= $990.46 1030 Mayor _ 001 $25,752 $2,146 Wa $990.46 CITY ADMINISTRATIOW OROUP 1010 City Administrator E E50 Min $241,404 $20,117 $116.0596 $9,284.77 Max $293,436 $24,453 $141.0750 $11,286.00 1015 Deputy City Administrator E M40 Step 1 $148,212 $12,351 $71.2558 $5,700.46 Step 2 $155,616 $12,968 $74.8154 $5,985.23 Step 3 $163,392 $13,616 $78.5538 $6,284.31 Step 4 $171,564 $14,297 $82.4827 $6,598.62 Step 5 $180,156 $15,013 $86.6135 $6,929.08 Information Technology 1625 Information Technology Analyst NE C26 Step 1 $74,856 $6,238 $35.9885 $2,879.08 Step 2 $78,600 $6,550 $37.7885 $3,023.08 Step 3 $82,524 $6,877 $39.6750 $3,174.00 Step 4 $86,652 $7,221 $41.6596 $3,332.77 Step 5 $90,984 $7,582 $43.7423 $3,499.38 1620 Information Technology Analyst, Senior NE C29 Step 1 $86,652 $7,221 $41.6596 $3,332.77 Step 2 $90,984 $7,582 $43.7423 $3,499.38 Step 3 $95,544 $7,962 $45.9346 $3,674.77 Step 4 $100,320 $8,360 $48.2308 $3,858.46 Step 5 $105,336 $8,778 $50.6423 $4,051.38 1610 Information Technology Manager E M37 Step 1 $128,028 $10,669 $61.5519 $4,924.15 Step 2 $134,436 $11,203 $64.6327 $5,170.62 Step 3 $141,144 $11,762 $67.8577 $5,428.62 Step 4 $148,212 $12,351 $71.2558 $5,700.46 Step 5 $155,616 $12,968 $74.8154 $5,985.23 1630 Information Technology Technician NE C21 Step 1 $58,644 $4,887 $28.1942 $2,255.54 Step 2 $61,584 $5,132 $29.6077 $2,368.62 Step 3 $64,656 $5,388 $31.0846 $2,486.77 Step 4 $67,896 $5,658 $32.6423 $2,611.38 Step 5 $71,280 $5,940 $34.2692 $2,741.54 City of Vernon 2 of 21 Classification and Compensation Plan Effective September 1, 2015 New Class Occupational Job Families and Job Classes FLSA PAY Code I I GRADE Annual Monthly Hourly Pay .l Ecr .E19arfea Teak Tech,Pov&Flneirfcaf Tesr TeGp kwmerty Substation Toss Tech, Coft4d hoLoy 5afary Asseslignt Flrwa mwshaf 1615 ProgrammerlAnalyst E C30 Step 1 $90,984 $7,582 $43.7423 $3,499.38 Step 2 $95,544 $7,962 $45.9346 $3,674.77 Step 3 $100,320 $8,360 $48.2308 $3,858.46 Step 4 $105,336 $8,778 $50.6423 $4,051.38 Step 5 $110,592 $9,216 $53.1692 $4,253.54 ATTORNEYCITY 1110 City Attorney E E47 Min $208,536 $17,378 $100.2577 $8,020.62 Max $255,780 $21,315 $122.9712 $9,837.69 1115 Deputy City Attorney E M 38 Step 1 $134,436 $11,203 $64.6327 $5,170.62 Step 2 $141,144 $11,762 $67.8577 $5,428.62 Step 3 $148,212 $12,351 $71.2558 $5,700.46 Step 4 $155,616 $12,968 $74.8154 $5,985.23 Step 5 $163,392 $13,616 $78.5538 $6,284.31 1525 Legal Secretary NE C21 Step 1 $58,644 $4,887 $28.1942 $2,255.54 Step 2 $61,584 $5,132 $29.6077 $2,368.62 Step 3 $64,656 $5,388 $31.0846 $2,486.77 Step 4 $67,896 $5,658 $32.6423 $2,611.38 Step 5 $71,280 $5.940 $34.2692 $2,741.54 OFFICECITY CLEWS 1310 City Clerk E E38 Min $134,436 $11,203 $64.6327 $5,170.62 Max $163,392 $13,616 $78.5538 $6,284.31 1315 Deputy City Clerk NE C25 Step 1 $71,280 $5,940 $34.2692 $2,741.54 Step 2 $74,856 $6,238 $35.9885 $2,879.08 Step 3 $78,600 $6,550 $37.7885 $3,023.08 Step 4 $82,524 $6,877 $39.6750 $3,174.00 Step 5 $86,652 $7,221 $41.6596 $3,332.77 1320 Records Management Assistant NE C20 Step 1 $55,860 $4,655 $26.8558 $2,148.46 Step 2 $58,644 $4,887 $28.1942 $2,255.54 Step 3 $61,584 $5,132 $29.6077 $2,368.62 Step 4 $64,656 $5,388 $31.0846 $2,486.77 Step 5 $67,896 $5,658 $32.6423 $2,611.38 Y1 $69,840 $5,820 $33.5769 $2,686.15 City of Vernon 3 of 21 Classification and Compensation Plan Effective September 1, 2015 I New Class • .. . . Classes FLSA PAY ' • . • . • 'Add Sr. Electrical Test Tech,Relille Electrical Test Tech formerly Substation Test Tech,Correct hourly Salary Assistant Fire Marshal i • 1505 Administrative Aide (part-time hourly) NE C5 Step 1 ------ $40.0000 ------ 1530 Administrative Assistant NE G13 Step 1 $39,696 $3,308 $19.0846 $1,526.77 Step 2 $41,688 $3,474 $20.0423 $1,603.38 Step 3 $43,764 $3,647 $21.0404 $1,683.23 Step 4 $45,960 $3,830 $22.0962 $1,767.69 Step 5 $48,252 $4,021 $23.1981 $1,855.85 1530 Administrative Assistant, (Confidential) NE C13 Step 1 $39,696 $3,308 $19.0846 $1,526.77 Step 2 $41,688 $3,474 $20.0423 $1,603.38 Step 3 $43,764 $3,647 $21.0404 $1,683.23 Step 4 $45,960 $3,830 $22.0962 $1,767.69 Step 5 $48,252 $4,021 $23.1981 $1,855.85 1520 Administrative Assistant, Senior N G17 Step 1 $48,252 $4,021 $23.1981 $1,855.85 Step 2 $50,652 $4.221 $24.3519 $1,948.15 Step 3 $53,208 $4,434 $25.5808 $2,046.46 Step 4 $55,860 $4,655 $26.8558 $2,148.46 Step 5 $58,644 $4,887 $28.1942 $2,255.54 Y1 $59,484 $4,957 $28.5981 $2,287.85 1520 Administrative Assistant, Senior(Confidential NE C17 Step 1 $48,252 $4,021 $23.1981 $1,855.85 Step 2 $50,652 $4,221 $24.3519 $1,948.15 Step 3 $53,208 $4,434 $25.5808 $2,046.46 Step 4 $55,860 $4,655 $26.8558 $2,148.46 Step 5 $58,644 $4,887 $28.1942 $2,255.54 1510 Administrative Secretary NE C20 Step 1 $55,860 $4,655 $26.8558 $2,148.46 Step 2 $58,644 $4,887 $28.1942 $2,255.54 Step 3 $61,584 $5,132 $29.6077 $2,368.62 Step 4 $64,656 $5,388 $31.0846 $2,486.77 Step 5 $67,896 $5,658 $32.6423 $2,611.38 Grandfathered - G1 $66,216 $5,518 $31.8346 $2,546.77 Grandfathered - G2 $69,864 $5.822 $33.5885 $2,687.08 Grandfathered - G3 $73,704 $6,142 $35.4346 $2,834.77 1500 Executive Assistant to the City Administrator NE C24 Step 1 $67,896 $5,658 $32.6423 $2,611.38 Step 2 $71,280 $5,940 $34.2692 $2,741.54 Step 3 $74,856 $6,238 $35.9885 $2,879.08 Step 4 $78,600 $6,550 $37.7885 $3,023.08 City of Vernon 4 of 21 Classification and Compensation Plan Effective September 1, 2015 Class Occupational Job Families and Job Classes FLSA PAY I Code GRADEMonthly Hourty Pay PMod.j F7d,SI EiecMo54 '(asf Tach. RWOA9 fie Mcg Teaf Tech JormBNy Subslabon Test Tech, (:P 80116ur fy Salary Assisfarrf Fire marshal Step 5 582,524 $6,877 $39.6750 $3.174.00 GROUP 1250 Account Clerk NF G14 Step 1 $41,688 $3,474 $20.0423 $1,603.38 Step 2 $43,764 $3,647 $21.0404 $1,683.23 Step 3 $45,960 $3,830 $22.0962 $1,767.69 Step 4 $48,252 $4,021 $23.1981 $1,855.85 Step 5 $50,652 $4,221 $24.3519 $1,948.15 1247 Account Clerk, Senior NE G18 Step 1 $60,652 $4,221 $24.3519 $1,948.15 Step 2 $53,208 $4,434 $25.5808 $2,046,46 Step 3 $55,860 $4,655 $26.8558 $2,148.46 Step 4 $58,644 $4,887 $28.1942 $2,255.54 Step 5 $61,584 $5,132 $29.6077 $2,368.62 1240 Accountant NE C2 Step 1 $61,584 $5,132 $29.6077 $2,368.62 Step 2 $64,656 $5,388 $31.0846 $2,486.77 Step 3 $67,896 $5,658 $32.6423 $2,611.38 Step 4 $71,280 $5,940 $34.2692 $2,741.54 Step 5 $74,856 $6,238 $35.9885 $2,879.08 1230 Accountant, Senior NE C26 Step 1 $74,856 $6,238 $35.9885 $2,879.08 Step 2 $78,600 $6,550 $37.7885 $3,023.08 Step 3 $82,524 $6,877 $39.6750 $3,174.00 Step 4 $86,652 $7,221 $41.6596 $3,332.77 Step 5 $90,984 $7,582 $43.7423 $3,499.38 1220 Assistant Finance Director F Id 3,.'-. Step 1 $121,932 $10,161 $58.6212 $4,689.69 Step 2 $128,028 $10,669 $61.5519 $4,924.15 Step 3 $134,436 $11,203 $64.6327 $5,170.62 Step 4 $141,144 $11,762 $67.8577 $5,428.62 Step 5 $148,212 $12,351 $71.2558 $5,700.46 1248 Business License Clerk f�F G16 Step 1 $45,960 $3,830 $22.0962 $1,767.69 Step 2 $48,252 $4,021 $23.1981 $1,855.85 Step 3 $50,652 $4,221 $24.3519 $1,948.15 Step 4 $53,208 $4,434 $25.5808 $2,046.46 Step 5 $55,860 $4,655 $26.8558 $2,148.46 1225 Deputy City Treasurer E M34 Step 1 $110,592 $9,216 $53.1692 $4,253.54 Step 2 $116,124 $9,677 $55.8288 $4,466.31 City of Vernon 5 of 21 Classification and Compensation Plan Effective September 1, 2015 OccupationalClass . . Families and Job Classes 1 171-8 A PAY Code GRADE I Annual Monthly Hourly Pay Period F;Td; €;ec¢ Gal t981 Tarn,A7 Utte DocVrra+Test Ter?formerly Substabw Tos! Tech, Gxmrf WLAy Salary Ass�staaf Frrc Marsha 7 Step 3 $121,932 $10,161 $68.6212 $4.689.69 Step 4 $128,028 $10,669 $61.5519 $4,924.15 Step 5 $134,436 $11,203 $64.6327 $5,170.62 1210 Director of Finance/City Treasurer E E41 Min $155,616 $12,968 $74.8154 $5,985.23 Max $189,156 $15,763 $90.9404 $7,275.23 Y1 $210,000 $17,500 $100.9615 $8,076.92 1245 Payroll Specialist NE C19 Step 1 $53,208 $4,434 $25.5808 $2,046.46 Step 2 $55,860 $4,655 $26.8558 $2,148.46 Step 3 $58,644 $4,887 $28.1942 $2,255.54 Step 4 $61,584 $5,132 $29.6077 $2,368.62 Step 5 $64,656 $5,388 $31.0846 $2,486.77 1248 Public Housing Property Coordinator NE C16 Step 1 $45,960 $3,830 $22.0962 $1,767.69 Step 2 $48,252 $4,021 $23.1981 $1,855.85 Step 3 $50,652 $4,221 $24.3519 $1,948.15 Step 4 $53,208 $4,434 $25.5808 $2,046.46 Step 5 $55,860 $4,655 $26.8558 $2,148.46 1235 Purchasing Assistant NE G20 Step 1 $55,860 $4,655 $26.8558 $2,148.46 Step 2 $58,644 $4,887 $28.1942 $2,255.54 Step 3 $61,584 $5,132 $29.6077 $2,368.62 Step 4 $64,656 $5,388 $31.0846 $2,486.77 Step 5 $67,896 $5,658 $32.6423 $2,611.38 GROUPFIRE 5015 Assistant Fire Chief F FM41 Step 1 $155,616 $12,968 $74.8154 $5,985.23 Step 2 $163,392 $13,616 $78.5538 $6,284.31 Step 3 $171,564 $14,297 $82.4827 $6,598.62 Step 4 $180,156 $15,013 $86.6135 $6,929.08 Step 5 $189,156 $15,763 $90.9404 $7,275.23 5033 Assistant Fire Marshal N E M29 Step 1 $86,652 $7,221 $41.6596 $3,332.77 Step 2 $90,984 $7,582 $43.7423 $3,499.38 Step 3 $95,544 $7,962 $45.9346 $3.674.77 Step 4 $100,320 $8,360 $48.2308 $3,858.46 Step 5 $105,336 $8,778 $50.6423 $4,051.38 5025 Fire Battalion Chief(P) NE FM38 Step 1 $134,436 $11,203 $46.1662 $5,170.62 Step 2 $141,144 $11,762 $48.4698 $5,428.62 City of Vernon 6 of 21 Classification and Compensation Plan Effective September 1, 2015 New Class .b . . Classes FLSA PAY .. • . . F;---,-, Eoevrfcaj 79Sf Tach. i WW&EL9CU7Ca� rest tech kmnwjy Sfjb ialkm Test T", Coned OuAy Safafy Assisfaraf Fire Marsn ai Step 3 $148,212 $12,351 $50.8970 $5,700.46 Step 4 $155,616 $12,968 $53.4396 $5,985.23 Step 5 $163,392 $13,616 $56.1099 $6,284.31 5025 Fire Battalion Chief (A) NE FA38 Step 1 $134,436 $11,203 $64.6327 $5,170.62 Step 2 $141,144 $11,762 $67.8577 $5,428.62 Step 3 $148,212 $12,351 $71.2558 $5,700.46 Step 4 $155,616 $12,968 $74.8154 $5,985.23 Step 5 $163.392 $13,616 $78.5538 $6,284.31 5030 Fire Captain (P) NE F31 Step 1 $95,544 $7,962 $32.8104 $3,674.77 Step 2 $100,320 $8,360 $34.4505 $3,858.46 Step 3 $105,336 $8,778 $36.1731 $4,051.38 Step 4 $110,592 $9,216 $37.9780 $4,253.54 Step 5 $116,124 $9,677 $39.8777 $4,466.31 5030 Fire Captain (A) NE FA31 Step 1 $95,544 $7,962 $45.9346 $3,674.77 Step 2 $100,320 $8,360 $48.2308 $3,858.46 Step 3 $105,336 $8,778 $50.6423 $4,051.38 Step 4 $110,592 $9,216 $53.1692 $4,253.54 Step 5 $116,124 $9,677 $55.8288 $4,466.31 5010 Fire Chief E E45 Min $189,156 $15,763 $90.9404 $7,275.23 Max $229,908 $19,159 $110.5327 $8,842.62 5050 Fire Code Inspector NE G25 Step 1 $71,280 $5,940 $34.2692 $2,741.54 Step 2 $74,856 $6,238 $35.9885 $2,879.08 Step 3 $78,600 $6,550 $37.7885 $3,023.08 Step 4 $82,524 $6,877 $39.6750 $3,174.00 Step 5 $86,652 $7,221 $41.6596 $3,332.77 5040 Fire Engineer(P) NE F28 Step 1 $82,524 $6,877 $28.3393 $3,174.00 Step 2 $86,652 $7,221 $29.7569 $3,332.77 Step 3 $90,984 $7,582 $31.2445 $3,499.38 Step 4 $95,544 $7,962 $32.8104 $3,674.77 Step 5 $100,320 $8,360 $34.4505 $3,858.46 5020 Fire Marshal NE FM33 Step 1 $105,336 $8,778 $50.6423 $4,051.38 Step 2 $110,592 $9,216 $53.1692 $4,253.54 Step 3 $116,124 $9,677 $55.8288 $4,466.31 City of Vernon 7 of 21 Classification and Compensation Plan Effective September 1, 2015 Occupational . . Families and Job Ciasses FLSA PAY Code RADE ■ Add;€lec AmO lea! TOCAr ReAa EA9cmcat Test Tech fomm4y Sabslallw Tms!T9€YT, Garrecl hourly Salary A sststan!Fire Marsha) Step 4 $121,932 $10,161 $58.6212 $4,689.69 Step 5 $128,028 $10,669 $61.5519 $4,924.15 5060 Firefighter(P) NE F25 Step 1 $71,280 $5,940 $24.4780 $2,741.54 Step 2 $74,856 $6,238 $25.7060 $2,879.08 Step 3 $78,600 $6,550 $26.9918 $3,023.08 Step 4 $82,524 $6,877 $28.3393 $3,174.00 Step 5 $86,652 $7,221 $29.7569 $3,332.77 5045 Firefighter/Paramedic.(P) NE F28 Step 1 $82,524 $6,877 $28.3393 $3,174.00 Step 2 $86,652 $7,221 $29.7569 $3,332.77 Step 3 $90,984 $7,582 $31,2445 $3,499.38 Step 4 $95,544 $7,962 $32.8104 $3,674.77 Step 5 $100,320 $8,360 $34.4505 $3,858.46 5035 Firefighter/Paramedic Coordinator(P) NE P29 Step 1 $86,652 $7,221 $29.7569 $3,332.77 Step 2 $90,984 $7,582 $31.2445 $3,499.38 Step 3 $95,544 $7,962 $32.8104 $3,674.77 Step 4 $100,320 $8,360 $34.4505 $3,858.46 Step 5 $105,336 $8,778 $36.1731 $4,051.38 GAS & ELCCTRIC DEPARTMENT 8010 Director of Gas and Electric E E48 Min $218,976 $18,248 $105.2769 $8,422.15 Max $266,160 $22,180 $127.9615 $10,236.92 Business aod AccOUMS Group 8710 Business and Account Supervisor E M31 Step 1 $95,544 $7,962 $45.9346 $3,674.77 Step 2 $100,320 $8,360 $48.2308 $3,858.46 Step 3 $105,336 $8,778 $50.6423 $4,051.38 Step 4 $110,592 $9,216 $53.1692 $4,253.54 Step 5 $116,124 $9,677 $55.8288 $4,466.31 8615 Utilities Compliance Analyst NE G27 Step 1 $78,600 $6,550 $37.7885 $3,023.08 Step 2 $82,524 $6,877 $39.6750 $3,174.00 Step 3 $86,652 $7,221 $41.6596 $3,332.77 Step 4 $90,984 $7,582 $43.7423 $3,499.38 Step 5 $95,544 $7,962 $45.9346 $3,674.77 8610 Utilities Compliance Manager Step 1 $116,124 $9,677 $55.8288 $4,466.31 Step 2 $121,932 $10,161 $58.6212 $4,689.69 Step 3 $128,028 $10,669 $61.5519 $4,924.15 City of Vernon 8 of 21 Classification and Compensation Plan qw Effective September 1, 2015 Class New • . . . . Code ' , M .d Ac d s^r_Ftaci&i Test Tech, Rve rtte i-loOrWaO resl race farmar�y Sufwaf om Test Tech, Gafracf.hcouriy Salary Ass,staw Fire varshar Step 4 $134,436 $11,203 $64.6327 $5,170.62 Step 5 $141,144 $11,762 $67.8577 $5,428.62 8530 Utilities Customer Service Representative NE G17 Step 1 $48,252 $4,021 $23.1981 $1,855.85 Step 2 $50,652 $4,221 $24.3519 $1,948.15 Step 3 $53,208 $4,434 $25.5808 $2,046.46 Step 4 $55,860 $4,655 $26.8558 $2,148.46 Step 5 $58,644 $4,887 $28.1942 $2,255.54 8510 Utilities Customer Service Supervisor NE M26 Step 1 $74,856 $6,238 $35.9885 $2,879.08 Step 2 $78,600 $6,550 $37.7885 $3,023.08 Step 3 $82,524 $6,877 $39.6750 $3,174.00 Step 4 $86,652 $7,221 $41.6596 $3,332.77 Step 5 $90,984 $7,582 $43.7423 $3,499.38 r . 8040 Electric Operations Supervisor E M35 Step 1 $116,124 $9,677 $55.8288 $4,466.31 Step 2 $121,932 $10,161 $58.6212 $4,689.69 Step 3 $128,028 $10,669 $61.5519 $4,924.15 Step 4 $134,436 $11,203 $64.6327 $5,170.62 Step 5 $141,144 $11,762 $67.8577 $5,428.62 8035 Electric Operator NE 130 Step 1 $90,984 $7,582 $43.7423 $3,499.38 Step 2 $95,544 $7,962 $45.9346 $3,674.77 Step 3 $100,320 $8,360 $48.2308 $3,858.46 Step 4 $105,336 $8,778 $50.6423 $4,051.38 Step 5 $110,592 $9,216 $53.1692 $4,253.54 8053 Electrical Test Technician, Senior NE 131 Step 1 $95,544 $7,962 $45.9346 $3,674.77 Step 2 $100,320 $8,360 $48.2308 $3,858.46 Step 3 $105,336 $8,778 $50.6423 $4,051.38 Step 4 $110,592 $9,216 $53.1692 $4,253.54 Step 5 $116,124 $9,677 $55.8288 $4,466.31 8050 Metering Technician NE 129 Step 1 $86,652 $7,221 $41.6596 $3,332.77 Step 2 $90,984 $7,582 $43.7423 $3,499.38 Step 3 $95,544 $7,962 $45.9346 $3,674.77 Step 4 $100,320 $8,360 $48.2308 $3,858.46 Step 5 $105,336 $8,778 $50.6423 $4,051.38 City of Vernon 9 of 21 Classification and Compensation Plan Effective September 1, 2015 New Class Occupational . . Families and Job Classes FLSA PAY PeriodCode I GRADE Annual MOFTNY Hourty Pay FA-. r=t9ckk.W Test Tech.Rafiffa J�lecfrwnV T*sf Tecta iarmerty 3hbsfafion Tas1 Tech. Carfact hourly SalarY A'warand Fire Sfaa� M7 8045 Power Plant Operator NE 128 Step 1 $82,524 $6,877 $39.6750 $3,174.00 Step 2 $86,652 $7,221 $41.6596 $3,332.77 Step 3 $90,984 $7,582 $43.7423 $3,499.38 Step 4 $95,544 $7,962 $45.9346 $3,674.77 Step 5 $100,320 $8,360 $48.2308 $3,858.46 Electrical Test Technician 8055 NE 129 Step 1 $86,652 $7,221 $41.6596 $3,332.77 Step 2 $90,984 $7,582 $43.7423 $3,499.38 Step 3 $95,544 $7,962 $45.9346 $3,674.77 Step 4 $100,320 $8,360 $48.2308 $3,858.46 Step 5 $105,336 $8,778 $50.6423 $4,051.38 8030 Utilities Dispatcher NE 133 Step 1 $105,336 $8,778 $50.6423 $4,051.38 Step 2 $110,592 $9,216 $53.1692 $4,253.54 Step 3 $116,124 $9,677 $55.8288 $4,466.31 Step 4 $121,932 $10,161 $58.6212 $4,689.69 Step 5 $128,028 $10,669 $61.5519 $4,924.15 8025 Utilities Dispatcher, Senior NE 134 Step 1 $110,592 $9,216 $53.1692 $4,253.54 Step 2 $116,124 $9,677 $55.8288 $4,466.31 Step 3 $121,932 $10,161 $58.6212 $4,689.69 Step 4 $128,028 $10,669 $61.5519 $4,924.15 Step 5 $134,436 $11,203 $64.6327 $5,170.62 8015 Utilities Operations Manager E M38 Step 1 $134,436 $11,203 $64.6327 $5,170.62 Step 2 $141,144 $11,762 $67.8577 $5,428.62 Step 3 $148,212 $12,351 $71.2558 $5,700.46 Step 4 $155,616 $12,968 $74.8154 $5,985.23 Step 5 $163,392 $13,616 $78.5538 $6,284.31 Engineering Group 8130 Associate Electrical Engineer N€ 129 Step 1 $86,652 $7,221 $41.6596 $3,332.77 Step 2 $90,984 $7,582 $43.7423 $3,499.38 Step 3 $95,544 $7,962 $45.9346 $3,674.77 Step 4 $100,320 $8,360 $48.2308 $3,858.46 Step 5 $105,336 $8,778 $50.6423 $4,051.38 8140 Computer Aided Drafting Technician NE G20 Step 1 $55,860 $4,655 $26.8558 $2,148.46 Step 2 $58,644 $4,887 $28.1942 $2,255.54 Step 3 $61,584 $5,132 $29.6077 $2,368.62 City of Vernon 10 of 21 Classification and Compensation Plan Effective September 1, 2015 Class Occupational . . Families and Job Classes FLSA PAY Code GRADE .d Fcr-s, . €4Mca?Tear Tech,f obYa EMcVkal Tesl TeeJt romwly SubsliqlA4n Tesr Tech, Correct hourly 5sfary,assral-0nl FkO Marshal Step 4 $64,656 $5,388 $31.0846 $2,486.77 Step 5 $67,896 $5,658 $32.6423 $2,611.38 Y1 $70,860 $5,905 $34.0673 $2,725.38 8125 Electrical Engineer NE 131 Step 1 $95,544 $7,962 $45.9346 $3,674.77 Step 2 $100,320 $8,360 $48.2308 $3,858.46 Step 3 $105,336 $8,778 $50.6423 $4,051.38 Step 4 $110,592 $9,216 $53.1692 $4,253.54 Step 5 $116,124 $9,677 $55.8288 $4,466.31 8115 Supervising Electrical Engineer NE M33 Step 1 $105,336 $8,778 $50.6423 $4,051.38 Step 2 $110,592 $9,216 $53.1692 $4,253.54 Step 3 $116,124 $9,677 $55.8288 $4,466.31 Step 4 $121,932 $10,161 $58.6212 $4,689.69 Step 5 $128,028 $10,669 $61.5519 $4,924.15 8110 Utilities Engineering Manager E M40 Step 1 $148,212 $12,351 $71.2558 $5,700.46 Step 2 $155,616 $12,968 $74.8154 $5,985.23 Step 3 $163,392 $13,616 $78.5538 $6,284.31 Step 4 $171,564 $14,297 $82.4827 $6,598.62 Step 5 $180,156 $15,013 $86.6135 $6,929.08 8215 Gas Systems Specialist NE 130 Step 1 $90,984 $7,582 $43.7423 $3,499.38 Step 2 $95,544 $7,962 $45.9346 $3,674.77 Step 3 $100,320 $8,360 $48.2308 $3,858.46 Step 4 $105,336 $8,778 $50.6423 $4,051.38 Step 5 $110,592 $9,216 $53.1692 $4,253.54 YC1 $111,300 $9,275 $53.5096 $4,280.77 8210 Gas Systems Superintendent E M34 Step 1 $110,592 $9,216 $53.1692 $4,253.54 Step 2 $116,124 $9,677 $55.8288 $4,466.31 Step 3 $121,932 $10,161 $58.6212 $4,689.69 Step 4 $128,028 $10,669 $61.5519 $4,924.15 Step 5 $134,436 $11,203 $64.6327 $5,170.62 8220 Gas Systems Technician NE 1�6 Step 1 $74,856 $6,238 $35.9885 $2,879.08 Step 2 $78,600 $6,550 $37.7885 $3,023.08 Step 3 $82,524 $6,877 $39.6750 $3,174.00 Step 4 $86,652 $7,221 $41.6596 $3,332.77 Step 5 $90,984 $7,582 $43.7423 $3,499.38 City of Vernon " of 21 Classification and Compensation Plan Effective September 1, 2015 Occupational Job Families and Job Classes FLSA I PAY GRADECode .. 'Add Sr.Electrical Test Tech,Retille Electrical Test Tech formerly Substation Test Tech, Correct hourly Salary Assistant Fire Marshal 8435 Assistant Resource Scheduler NE 128 Step 1 $82,524 $6,877 $39.6750 $3,174.00 Step 2 $86,652 $7,221 $41.6596 $3,332.77 Step 3 $90,984 $7,582 $43.7423 $3,499.38 Step 4 $95,544 $7,962 $45.9346 $3,674.77 Step 5 $100,320 $8,360 $48.2308 $3,858.46 8430 Associate Resource Scheduler NE 130 Step 1 $90,984 $7,582 $43.7423 $3,499.38 Step 2 $95,544 $7,962 $45.9346 $3,674.77 Step 3 $100,320 $8,360 $48.2308 $3,858.46 Step 4 $105,336 $8,778 $50.6423 $4,051.38 Step 5 $110,592 $9,216 $53.1692 $4,253.54 8410 Electric Resources Planning & Dev. Mngr E M41 Step 1 $155,616 $12,968 $74.8154 $5,985.23 Step 2 $163,392 $13,616 $78.5538 $6,284.31 Step 3 $171,564 $14,297 $82.4827 $6,598.62 Step 4 $180,156 $15,013 $86.6135 $6,929.08 Step 5 $189,156 $15,763 $90.9404 $7,275.23 8425 Electric Service Planner NE G26 Step 1 $74,856 $6,238 $35.9885 $2,879.08 Step 2 $78,600 $6,550 $37.7885 $3,023.08 Step 3 $82,524 $6,877 $39.6750 $3,174.00 Step 4 $86,652 $7,221 $41.6596 $3,332.77 Step 5 $90,984 $7,582 $43.7423 $3,499.38 8415 Resource Planner NE 135 Step 1 $116,124 $9,677 $55.8288 $4,466.31 Step 2 $121,932 $10,161 $58.6212 $4,689.69 Step 3 $128,028 $10,669 $61.5519 $4,924.15 Step 4 $134,436 $11,203 $64.6327 $5,170.62 Step 5 $141,144 $11,762 $67.8577 $5,428.62 8420 Resource Scheduler N E 132 Step 1 $100,320 $8,360 $48.2308 $3,858.46 Step 2 $105,336 $8,778 $50.6423 $4,051.38 Step 3 $110,592 $9,216 $53.1692 $4,253.54 Step 4 $116,124 $9,677 $55.8288 $4,466.31 Step 5 $121,932 $10,161 $58.6212 $4,689.69 Telecommunicifians Group 8315 Telecommunications Specialist NIa 5320 Step 1 $82,404 $6,867 $39.6173 $3,169.38 Step 2 $78,108 $6,509 $37.5519 $3,004.15 Step 3 $74,040 $6,170 $35.5962 $2,847.69 City of Vernon 12 of 21 Classification and Compensation Plan Effective September 1, 2015 patioClass PAY Code orcu Pi at job Fam H ies a n■ Job GRADEo Add Sr_ElOd ica+ r"I Tech.Rabtte FA9ddCal Tas! Tech kwmedv Su"afian rest Ter.F, C:orrac!AIWu y Salary Aaa+atan!Fire M rShaJ Step 4 $70,176 $5,848 $33.7385 $2,699.08 Step 5 $66,528 $5,544 $31.9846 $2,558.77 Step 6 $63,060 $5,255 $30.3173 $2,425.38 Step 7 $59,772 $4,981 $28.7365 $2,298.92 Step 8 $56,652 $4,721 $27.2365 $2,178.92 8310 Telecommunications Systems Engineer NE 5330 Step 1 $111,300 $9,275 $53.5096 $4,280.77 Step 2 $105,504 $8,792 $50.7231 $4,057.85 Step 3 $99,996 $8,333 $48.0750 $3,846.00 Step 4 $94,788 $7,899 $45.5712 $3.645.69 Step 5 $89,844 $7,487 $43.1942 $3,455.54 Step 6 $85,152 $7,096 $40.9385 $3.275.08 Step 7 $80,712 $6,726 $38.8038 $3,104.31 Step 8 $76,512 $6,376 $36.7846 $2,942.77 2015 Deputy Dir. of Health & Environmental Contrc E L435 Step 1 $116,124 $9,677 $55.8288 $4,466.31 Step $121,932 $10,161 $58.6212 $4,689.69 Step 3 $128,028 $10,669 $61.5519 $4,924.15 Step 4 $134,436 $11,203 $64.6327 $5,170.62 Step 5 $141,144 $11,762 $67.8577 $5,428.62 2010 Director of Health and Environmental Control E E43 Min $171,564 $14,297 $82.4827 $6,598.62 Max $208,536 $17,378 $100.2577 $8,020.62 2030 Environmental Specialist NE G24 Step 1 $67,896 $5,658 $32.6423 $2,611.38 Step 2 $71,280 $5,940 $34.2692 $2,741.54 Step 3 $74,856 $6,238 $35.9885 $2,879.08 Step 4 $78,600 $6,550 $37.7885 $3,023.08 Step 5 $82,524 $6,877 $39.6750 $3,174.00 2025 Environmental Specialist, Senior NE G28 Step 1 $82,524 $6,877 $39.6750 $3,174.00 Step 2 $86,652 $7,221 $41.6596 $3,332.77 Step 3 $90,984 $7,582 $43.7423 $3,499.38 Step 4 $95,544 $7,962 $45.9346 $3,674.77 Step 5 $100,320 $8,360 $48.2308 $3,858.46 Grandfathered-Hired before July 1, 2014 G1 $95,916 $7,993 $46.1135 $3,689.08 Grandfathered- Hired before July 1, 2014 G2 $101,196 $8,433 $48.6519 $3,892.15 Grandfathered-Hired before July 1, 2014 G3 $106,764 $8,897 $51.3288 $4,106.31 Grandfathered-Hired before July 1, 2014 G4 $112,632 $9,386 $54.1500 $4.332.00 City of Vernon 13 of 21 Classification and Compensation Plan Effective September 1, 2015 I New Class PAY Code i patio na I J•, Famil ies and Job Classes FL5 A GRADE Annual Monthly Hourty Pay Period Acd Sr. Ehact cal Test Tech. Re#t!e E19cb,caO Tesl Tech�omWIY&031960n Test rack. Correct tFO rOV Sway AssystarFt Frye WrMar f 1410 Director of Human Resources E E40 Min $148,212 $12,351 $71.2558 $5,700.46 Max $180,156 $15,013 $86.6135 $6,929.08 y1 $196,000 $16,333.34 $94.2308 $7,538.46 1420 Human Resources Analyst NE C`�6 Step 1 $74,856 $6,238 $35.9885 $2,879.08 Step 2 $78,600 $6,550 $37.7885 $3,023.08 Step 3 $82,524 $6,877 $39.6750 $3,174.00 Step 4 $86,652 $7,221 $41.6596 $3,332.77 Step 5 $90,984 $7,582 $43.7423 $3,499.38 1415 Human Resources Analyst, Senior t M32 Step 1 $100,320 $8,360 $48.2308 $3,858.46 Step 2 $105,336 $8,778 $50.6423 $4,051.38 Step 3 $110,592 $9,216 $53.1692 $4,253.54 Step 4 $116,124 $9,677 $55.8288 $4,466.31 Step 5 $121,932 $10,161 $58.6212 $4,689.69 1425 Human Resources Assistant had C17 Step 1 $48,252 $4,021 $23.1981 $1,855.85 Step 2 $50,652 $4,221 $24.3519 $1,948.15 Step 3 $53,208 $4,434 $25.5808 $2,046.46 Step 4 $55,860 $4,655 $26.8558 $2,148.46 Step 5 $58,644 $4,887 $28.1942 $2,255.54 INDUSTRIALDEVELOPMENT GROUP 3010 Industrial Development Director E E39 Step 1 $141,144 $11,762 $67.8577 $5,428.62 Step 2 $148,212 $12,351 $71.2558 $5,700.46 Step 3 $155,616 $12,968 $74.8154 $5,985.23 Step 4 $163,392 $13,616 $78.5538 $6,284.31 Step 5 $171,564 $14,297 $82.4827 $6,598.62 1020 Economic Development Manager L M36 Step 1 $121,932 $10,161 $58.6212 $4,689.69 Step 2 $128,028 $10,669 $61.5519 $4,924.15 Step 3 $134,436 $11,203 $64.6327 $5,170.62 Step 4 $141,144 $11,762 $67.8577 $5,428.62 Step 5 $148,212 $12,351 $71.2558 $5,700.46 4035 Police Cadet NE 3180 Step 1 $38,124 $3,177 $18.3288 $1,466.31 Step 2 $36,144 $3,012 $17.3769 $1,390.15 Step 3 $34,260 $2,855 $16.4712 $1,317.69 Step 4 $32,472 $2,706 $15.6115 $1,248.92 City of Vernon 14 of 21 Classification and Compensation Plan Effective September 1, 2015 New Ciass Occupational . . Families and Job Classes FLSA PAY Code GRAOFMonthly F,-fsr . f=leclrka!Tas! Tech, ROW EZcWcai Tasf Tech kmbwly$ubaiation Taw Tach, Correa sourly Salary Assis t dire U7111 Step 5 $30,780 $2,565 $14.7981 $1,183.85 Step 6 $29,172 $2,431 $14.0250 $1,122.00 Step 7 $27,660 $2,305 $13.2981 $1,063.85 Step 8 $26,208 $2,184 $12.6000 $1,008.00 4015 Police Captain E PM39 Step 1 $141,144 $11,762 $67.8577 $5,428.62 Step 2 $148,212 $12,351 $71.2558 $5,700.46 Step 3 $155,616 $12,968 $74.8154 $5,985.23 Step 4 $163,392 $13,616 $78.5538 $6,284.31 Step 5 $171,564 $14,297 $82.4827 $6,598.62 4010 Police Chief E E4B Min $198,612 $16,551 $95.4865 $7,638.92 Max $241,404 $20,117 $116.0596 $9,284.77 4020 Police Lieutenant NE PM36 Step 1 $121,932 $10,161 $58.6212 $4,689.69 Step 2 $128,028 $10,669 $61.5519 $4,924.15 Step 3 $134,436 $11,203 $64.6327 $5,170.62 Step $141,144 $11,762 $67.8577 $5,428.62 Step 5 $148,212 $12,351 $71.2558 $5,700.46 4030 Police Officer NE P025 Step 1 $71,280 $5,940 $34.2692 $2,741.54 Step 2 $74,856 $6,238 $35.9885 $2,879.08 Step 3 $78,600 $6,550 $37.7885 $3,023.08 Step 4 $82,524 $6,877 $39.6750 $3,174.00 Step 5 $86,652 $7,221 $41.6596 $3,332.77 Y1 $83,784 $6,982 $40.2808 $3,222.46 Y2 $88,404 $7,367 $42.5019 $3,400.15 Y3 $93,252 $7,771 $44.8327 $3,586.62 4025 Police Sergeant NE P030 Step 1 $90,984 $7,582 $43.7423 $3,499.38 Step 2 $95,544 $7,962 $45.9346 $3,674.77 Step 3 $100,320 $8,360 $48.2308 $3,858.46 Step 4 $105,336 $8,778 $50.6423 $4,051.38 Step 5 $110,592 $9,216 $53.1692 $4,253.54 Y1 $102,012 $8,501 $49.0442 $3,923.54 Y2 $107,616 $8,968 $51.7385 $4,139.08 Y3 $113,544 $9,462 $54.5885 $4,367.08 4125 Civilian Court Officer NE G17 Step 1 $48,252 $4,021 $23.1981 $1,855.85 Step 2 $50,652 $4,221 $24.3519 $1,948.15 Step 3 $53,208 $4,434 $25.5808 $2,046.46 ' City of Vernon 15 of 21 Classification and Compensation Plan OF Effective September 1, 2015 Class Occupational . . Families and Job Classes FLSA FAY Code GRADEmonthl.yHourly FSr_E1eclrrcar Test Tech, t? UVA EADChicao zes!Tech fornner+y Suhslahon Test Tech, CorrorO hourly Satary.4ssislani Fire Marshao Step 4 $55,860 $4,655 $28.8558 $2,148.46 Step 5 $58,644 $4,887 $28.1942 $2,255.54 4123 Police Community Services Officer NE G16 Step 1 $45,960 $3,830 $22.0962 $1,768 Step 2 $48,252 $4,021 $23.1981 $1,856 Step 3 $50,652 $4,221 $24.3519 $1,948 Step 4 $53,208 $4,434 $25.5808 $2,046 Step 5 $55,860 $4,655 $26.8558 $2,148 4130 Police Dispatcher N1= G18 Step 1 $50,652 $4,221 $24.3519 $1,948.15 Step 2 $53,208 $4,434 $25.5808 $2,046.46 Step 3 $55,860 $4,655 $26.8558 $2,148.46 Step 4 $58,644 $4,887 $28.1942 $2,255.54 Step 5 $61,584 $5,132 $29.6077 $2,368.62 4115 Police Dispatcher, Lead NE G20 Step 1 $55,860 $4,655 $26.8558 $2,148.46 Step 2 $58,644 $4,887 $28.1942 $2,255.54 Step 3 $61,584 $5,132 $29.6077 $2,368.62 Step 4 $64,656 $5,388 $31.0846 $2,486.77 Step 5 $67,896 $5,658 $32.6423 $2,611.38 4110 Police Records Manager ` E M�f Step 1 $78,600 $6,550 $37.7885 $3,023.08 Step 2 $82,524 $6,877 $39.6750 $3,174.00 Step 3 $86,652 $7,221 $41.6596 $3,332.77 Step 4 $90,984 $7,582 $43.7423 $3,499.38 Step 5 $95,544 $7,962 $45.9346 $3,674.77 4135 Police Records Technician ICE G14 Step 1 $41,688 $3,474 $20.0423 $1,603.38 Step 2 $43,764 $3,647 $21.0404 $1,683.23 Step 3 $45,960 $3,830 $22.0962 $1,767.69 Step 4 $48,252 $4,021 $23.1981 $1,855.85 Step 5 $50,652 $4,221 $24.3519 $1,948.15 Y1 $51,540 $4,295 $24.7788 $1,982.31 4120 Police Records Technician, Lead NE G16 Step 1 $45,960 $3,830 $22.0962 $1,767.69 Step 2 $48,252 $4,021 $23.1981 $1,855.85 Step 3 $50,652 $4,221 $24.3519 $1,948.15 Step 4 $53,208 $4,434 $25.5808 $2,046.46 Step 5 $55,860 $4,655 $26.8558 $2,148.46 City of Vernon 16 of 21 Classification and Compensation Plan Effective September 1, 2015 Class ■ r Job i +• *nthly Hourly Pay Period Rda Sr.Electricaf Test 1 eich,R90floa E-2eCrrx-&1 Test Tech fortnerly SL&sta2ro�i Test Tern, Cooed hourly Salary l ssrst,1nj Fire UAFt gar 7015 Deputy Director of PW, Water and Dev. Sery E M38 Step 1 $134,436 $11,203 $64.6327 $5,170.62 Step 2 $141,144 $11,762 $67.8577 $5,428.62 Step 3 $148,212 $12,351 $71.2558 $5,700.46 Step 4 $155,616 $12,968 $74.8154 $5,985.23 Step 5 $163,392 $13,616 $78.5538 $6,284.31 7010 Director of PW, Water and Development Ser E E46 Min $198,612 $16,651 $95.4865 $7,638.92 Max $241,404 $20,117 $116.0596 $9,284.77 7230 Building Inspector NE G25 Step 1 $71,280 $5,940 $34.2692 $2,742 Step 2 $74,856 $6,238 $35.9885 $2,879 Step 3 $78,600 $6,550 $37.7885 $3,023 Step 4 $82,524 $6,877 $39.6750 $3,174 Step 5 $86,652 $7,221 $41.6596 $3,333 7215 Building Inspector, Senior NE G27 Step 1 $78,600 $6,550 $37.7885 $3,023.08 Step 2 $82,524 $6,877 $39.6750 $3,174.00 Step 3 $86,652 $7,221 $41.6596 $3,332.77 Step 4 $90,984 $7,582 $43.7423 $3,499.38 Step 5 $95,544 $7,962 $45.9346 $3,674.77 Y1 $96,612 $8,051 $46.4481 $3,715.85 7225 Electrical Inspector NE G25 Step 1 $71,280 $5,940 $34.2692 $2,741.54 Step 2 $74,856 $6,238 $35.9885 $2,879.08 Step 3 $78,600 $6,550 $37.7885 $3,023.08 Step 4 $82,524 $6,877 $39.6750 $3,174.00 Step 5 $86,652 $7,221 $41.6596 $3,332.77 7213 Electrical Inspector, Senior NE G27 Step 1 $78,600 $6,550 $37.7885 $3,023 Step 2 $82,524 $6,877 $39.6750 $3,174 Step 3 $86,652 $7,221 $41.6596 $3,333 Step 4 $90,984 $7,582 $43.7423 $3,499 Step 5 $95,544 $7,962 $45.9346 $3,675 7250 Permit Technician hilt G17 Step 1 $48,252 $4,021 $23.1981 $1,855.85 Step 2 $50,652 $4,221 $24.3519 $1,948.15 Step 3 $53,208 $4,434 $25.5808 $2,046.46 Step 4 $55,860 $4,655 $26.8558 $2,148.46 Step 5 $58,644 $4,887 $28.1942 $2,255.54 Y- City of Vernon 17 of 21 Classification and Compensation Plan ry, Effective September 1, 2015 Class Occupational . . Families and Job Classes FLSA PAY GRADECode . . F'r- Flectrlca!Teat roch.R90o t=Jacvwat Tasi Tech farmetfy Substation Tosl Tech. Correct hgLa0y Sawy+Assistand F+re Mar-Ir f 7220 Assistant Planner NE G22 Step 1 $61,584 $5,132 $29.6077 $2,368.62 Step 2 $64,656 $5,388 $31.0846 $2,486.77 Step 3 $67,896 $5,658 $32.6423 $2,611.38 Step 4 $71,280 $5,940 $34.2692 $2,741.54 Step 5 $74,856 $6,238 $35.9885 $2,879.08 7235 Plumbing and Mechanical Inspector NE 25 Step 1 $71,280 $5,940 $34.2692 $2,741.54 Step 2 $74,856 $6,238 $35.9885 $2,879.08 Step 3 $78,600 $6,550 $37.7885 $3,023.08 Step 4 $82,524 $6,877 $39.6750 $3,174.00 Step 5 $86,652 $7,221 $41.6596 $3,332.77 7213 Plumbing and Mechancial Inspector, Senior NE Step 1 $78,600 $6,550 $37.7885 $3,023.08 Step 2 $82,524 $6,877 $39.6750 $3,174.00 Step 3 $86,652 $7,221 $41.6596 $3,332.77 Step 4 $90,984 $7,582 $43.7423 $3,499.38 Step 5 $95,544 $7,962 $45.9346 $3,674.77 En a ■ G ra upWorkpj 7140 Assistant Engineer tvF. G24. Step 1 $67,896 $5,658 $32.6423 $2,611.38 Step 2 $71,280 $5,940 $34.2692 $2,741.54 Step 3 $74,856 $6,238 $35.9885 $2,879.08 Step 4 $78,600 $6,550 $37.7885 $3,023.08 Step 5 $82,524 $6,877 $39.6750 $3,174.00 7135 Associate Engineer NE 28 Step 1 $82,524 S6,877 $39.6750 $3,174.00 Step 2 $86,652 $7,221 $41.6596 $3,332.77 Step 3 $90,984 $7,582 $43.7423 $3,499.38 Step 4 $95,544 $7,962 $45.9346 $3,674.77 Step 5 $100,320 $8,360 $48.2308 $3,858.46 7118 Civil Engineer E M32 Step 1 $100,320 $8,360 $48.2308 $3,858.46 Step 2 $105,336 $8,778 $50.6423 $4,051.38 Step 3 $110,592 $9,216 $53.1692 $4,253.54 Step 4 $116,124 $9,677 $55.8288 $4,466.31 Step 5 $121,932 $10,161 $58.6212 $4,689.69 7145 Engineering Aide NE G21 Step 1 $58,644 $4,887 $28.1942 $2,255.54 Step 2 $61,584 $5,132 $29.6077 $2,368.62 Step 3 $64,656 $5,388 $31.0846 $2,486.77 Step 4 $67,896 $5,658 $32.6423 $2,611.38 City of Vernon ,g°rz, Classification and Compensation Plan Effective September 1, 2015 Class Occupational Job Families and Job Classes FLSA PAY Period •r GRAi E I Annual Monthly Hourly Pay Fi S r.. Electrwaj Test Tech, Refiffe Ehavncal last Tech t vmwrty.&ubstalron Tea! Tech, Correct nourOy 5afary Assisfani Fire Marshar Step 5 $71.280 a5'w $34,2682 $2,741.54 7115 Principal Civil Engineer E M36 Step 1 $121,932 $10,161 $58.6212 $4,689.69 Step 2 $128,028 $10,669 $61.5519 $4,924.15 Step 3 $134,436 $11,203 $64.6327 $5,170.62 Step 4 $141,144 $11,762 $67.8577 $5,428.62 Step 5 $148,212 $12,351 $71.2558 $5,700.46 7120 Project Engineer NE G30 Step 1 $90,984 $7,582 $43.7423 $3,499.38 Step 2 $95,544 $7,962 $45.9346 $3,674.77 Step 3 $100,320 $8,360 $48.2308 $3,858.46 Step 4 $105,336 $8,778 $50.6423 $4,051.38 Step 5 $110,592 $9,216 $53.1692 $4,253.54 7125 Stormwater and Special Projects Analyst NE G27 Step 1 $78,600 $6,550 $37.7885 $3,023.08 Step 2 $82,524 $6,877 $39.6750 $3,174.00 Step 3 $86,652 $7,221 $41.6596 $3,332.77 Step 4 $90,984 $7,582 $43.7423 $3,499.38 Step 5 $95,544 $7,962 $45.9346 $3,674.77 7720 Facilities Maintenance Worker NE G16 Step 1 $45,960 $3,830 $22.0962 $1,767.69 Step 2 $48,252 $4,021 $23.1981 $1,855.85 Step 3 $50,652 $4,221 $24.3519 $1,948.15 Step 4 $53,208 $4,434 $25.5808 $2,046.46 Step 5 $55,860 $4,655 $26.8558 $2,148.46 7735 Facilities Maintenance Worker, Lead NF G 2 Step 1 $61,584 $5,132 $29.6077 $2,368.62 Step 2 $64,656 $5,388 $31.0846 $2,486.77 Step 3 $67,896 $5,658 $32.6423 $2,611.38 Step 4 $71,280 $5,940 $34.2692 $2,741.54 Step 5 $74,856 $6,238 $35.9885 $2,879.08 YC1 $75,936 $6,328 $36.5077 $2,920.62 7730 Facilities Maintenance Worker, Senior NE G18 Step 1 $50,652 $4,221 $24.3519 $1,948.15 Step 2 $53,208 $4,434 $25.5808 $2,046.46 Step 3 $55,860 $4,655 $26.8558 $2,148.46 Step 4 $58,644 $4,887 $28.1942 $2,255.54 Step 5 $61,584 $5,132 $29.6077 $2,368.62 City of Vernon 19 of 21 Classification and Compensation Plan Effective September 1, 2015 Class Occupational Job Families and Job Classes FLSA PAY Code I GRADE . . „ 'Add Sr Electrical Test Tech,Retitle Electrical Test Tech formerly Substation Test Tech, Correct hourly Salary Assistant Fire Marshal 7530 Mechanic NE G19 Step 1 $53,208 $4,434 $25.5808 $2,046.46 Step 2 $55,860 $4,655 $26.8558 $2,148.46 Step 3 $58,644 $4,887 $28.1942 $2,255.54 Step 4 $61,584 $5,132 $29.6077 $2,368.62 Step 5 $64,656 $5,388 $31.0846 $2,486.77 7520 Mechanic, Lead NE G23 Step 1 $64,656 $5,388 $31.0846 $2,486.77 Step 2 $67,896 $5,658 $32.6423 $2,611.38 Step 3 $71,280 $5,940 $34.2692 $2,741.54 Step 4 $74,856 $6,238 $35.9885 $2,879.08 Step 5 $78,600 $6,550 $37.7885 $3,023.08 7525 Mechanic, Senior NE G21 Step 1 $58,644 $4,887 $28.1942 $2,255.54 Step 2 $61,584 $5,132 $29.6077 $2,368.62 Step 3 $64,656 $5,388 $31.0846 $2,486.77 Step 4 $67,896 $5,658 $32.6423 $2,611.38 Step 5 $71,280 $5,940 $34.2692 $2,741.54 Meter ReadiD_qGtroug 7830 Meter Reader NE G18 Step 1 $50,652 $4,221 $24.3519 $1,948.15 Step 2 $53,208 $4,434 $25.5808 $2,046.46 Step 3 $55,860 $4,655 $26.8558 $2,148.46 Step 4 $58,644 $4,887 $28.1942 $2,255.54 Step 5 $61,584 $5,132 $29.6077 $2,368.62 7820 Meter Reader, Lead NE 020 Step 1 $55,860 $4,655 $26.8558 $2,148.46 Step 2 $58,644 $4,887 $28.1942 $2,255.54 Step 3 $61,584 $5,132 $29.6077 $2,368.62 Step 4 $64,656 $5,388 $31.0846 $2,486.77 Step 5 $67,896 $5,658 $32.6423 $2,611.38 Street . . 7430 Street Maintenance Worker NE G15 Step 1 $43,764 $3,647 $21.0404 $1,683.23 Step 2 $45,960 $3,830 $22.0962 $1,767.69 Step 3 $48,252 $4,021 $23.1981 $1,855.85 Step 4 $50,652 $4,221 $24.3519 $1,948.15 Step 5 $53,208 $4,434 $25.5808 $2,046.46 7425 Street Maintenance Worker, Senior NE G18 Step 1 $50,652 $4,221 $24.3519 $1,948.15 Step 2 $53,208 $4,434 $25.5808 $2,046.46 City of Vernon 20 of 21 Classification and Compensation Plan ....,.� Effective September 1, 2015 Occupational .. Families and Job PeriodCode I GRADE I Annual I Monthiy Hourly Pay EkscG r e rest Tech, ftWb Dactrocaf Test Tech fAYfr7BYty Submagon tasf TacA. Corract igmdfy Sarary AssislanT Fka 10&.7pial Step 3 $55,860 S4,655 $26.8558 $2,148.46 Step 4 $58,644 $4,887 $28.1942 $2,255.54 Step 5 $61,584 $5,132 $29.6077 $2,368.62 7630 Warehouse Worker f�- G16 Step 1 $45,960 $3,830 $22.0962 $1,767.69 Step 2 $48,252 $4,021 $23.1981 $1,855.85 Step 3 $50,652 $4,221 $24.3519 $1,948.15 Step 4 $53,208 $4,434 $25.5808 $2,046.46 Step 5 $55,860 $4,655 $26.8558 $2,148.46 7620 Warehouse Worker, Lead NE G21 Step 1 $58,644 $4,887 $28.1942 $2,255.54 Step 2 $61,584 $5,132 $29.6077 $2,368.62 Step 3 $64,656 $5,388 $31.0846 $2,486.77 Step 4 $67,896 $5,658 $32.6423 $2,611.38 Step 5 $71,280 $5,940 $34.2692 $2,741.54 Y1 $73,704 $6,142 $35.4346 $2,834.77 7625 Warehouse Worker, Senior NE G18 Step 1 $50,652 $4,221 $24.3519 $1,948.15 Step 2 $53,208 $4,434 $25.5808 $2,046.46 Step 3 $55,860 $4,655 $26.8558 $2,148.46 Step 4 $58,644 $4,887 $28.1942 $2,255.54 Step 5 $61,584 $5,132 $29.6077 $2,368.62 7330 Public Works Foreman E M26 Step 1 $74,856 $6,238 $35.9885 $2,879.08 Step 2 $78,600 $6,550 $37.7885 $3.023.08 Step 3 $82,524 $6,877 $39.6750 $3,174.00 Step 4 $86,652 $7,221 $41.6596 $3,332.77 Step 5 $90,984 $7,582 $43.7423 $3,499.38 7320 Public Works and Water Foreman E M28 Step 1 $82,524 $6,877 $39.6750 $3,174.00 Step 2 $86,652 $7,221 $41.6596 $3,332.77 Step 3 $90,984 $7,582 $43.7423 $3,499.38 Step 4 $95,544 $7,962 $45.9346 $3,674.77 Step 5 $100,320 $8,360 $48.2308 $3,858.46 7310 Public Works and Water Superintendent E %133 Step 1 $105,336 $8,778 $50.6423 $4,051.38 Step 2 $110,592 $9,216 $53.1692 $4,253.54 Step 3 $116,124 $9,677 $55.8288 $4,466.31 Step 4 $121,932 $10,161 $58.6212 $4,689.69 Step 5 $128,028 $10,669 $61.5519 $4,924.15 4 City of Vernon 21 of 21 ` Classification and Compensation Plan Effective September 1, 2015 New Class • . . FLSA PAY *� _ .d FTS-1 Eaacwcao Test Tecjr. ReldUe f=Jacrn Tast Tectp rawrrjerfy Svf sf& ara Test Tech. Gormd howoy Salary.4ssrsPant Fire AdarshaO 7130 Public Works. Prejeet Coordinator NE G29 Step 1 $86,652 $7,221 $41.6596 $3,332.77 Step 2 $90,984 $7,582 $43.7423 $3,499.38 Step 3 $95,544 $7,962 $45.9346 $3,674.77 Step 4 $100,320 $8,360 $48.2308 $3,858.46 Step 5 $105,336 $8,778 $50.6423 $4,051.38 7132 Public Works Water Project Coordinator NE G29 Step 1 $86,652 $7,221 $41.6596 $3,332.77 Step 2 $90,984 $7,582 $43.7423 $3,499.38 Step 3 $95,544 $7,962 $45.9346 $3,674.77 Step 4 $100,320 $8,360 $48.2308 $3,858.46 Step 5 $105,336 $8,778 $50.6423 $4,051.38 7325 Street and Water Crew Leader NE G24 Step 1 $67,896 $5,658 $32.6423 $2,611.38 Step 2 $71,280 $5,940 $34.2692 $2,741.54 Step 3 $74,856 $6,238 $35.9885 $2,879.08 Step 4 $78,600 $6,550 $37.7885 $3,023.08 Step 5 $82,524 $6,877 $39.6750 $3,174.00 Water Maintenance G[aug 7930 Water Maintenance Worker NE G17 Step 1 $48,252 $4,021 $23.1981 $1,855.85 Step 2 $50,652 $4,221 $24.3519 $1,948.15 Step 3 $53,208 $4,434 $25.5808 $2,046.46 Step 4 $55,860 $4,655 $26.8558 $2,148.46 Step 5 $58,644 $4,887 $28.1942 $2,255.54 7925 Water Maintenance Worker, Senior NE G22 Step 1 $61,584 $5,132 $29.6077 $2,368.62 Step 2 $64,656 $5,388 $31.0846 $2,486.77 Step 3 $67,896 $5,658 $32.6423 $2,611.38 Step 4 $71,280 $5,940 $34.2692 $2,741.54 Step 5 $74,856 $6,238 $35.9885 $2,879.08 JOB DESCRIPTION Senior Electrical Test Technician Date Prepared: August 2015 Class Code: 8053 SUMMARY: Under general supervision, maintains, investigates and performs the more advanced journey repairs to all City-owned electrical substations, natural gas turbine units and water well and booster plant sites in accordance with established policies, procedures, regulations and objectives. Assumes lead responsibility on assigned testing, maintenance and repair work; and to do related work as required. DISTINGUISHING CHARACTERISTICS: Incumbent in this classification reports to the Utilities Operations Manager or designee. The incumbent works independently to carry out assigned duties, coordinates and schedules with other divisions and contractors to achieve efficient operation of the department, leads and trains Electrical Test Technicians. ESSENTIAL FUNCTIONS: --Essential functions,as defined Under the Americans with Disabilities Act, may include any of the following representative duties,knowledge, and skills. This is not a comprehensive listing of all functions and duties performed by incumbents of this class; employees may be assigned duties which are not listed below;reasonable accommodations will be made as required. The job description does not constitute an employment agreement and is subject to change at any time by the employer. Essential duties and responsibilities may include, but are not limited to, the following: • Inspects, and maintains protective relays, power transformers, instrument transformers, high voltage circuit breakers (oil, vacuum and gas), substation battery banks, capacitors and disconnects/switches and automatic tap changers. • Performs AC insulation, excitation, turns ratio, winding resistance and insulation resistance technical testing of transformers as well as contact resistance, open and close timing and all other internal and external testing and inspection of 7, 16 and 66KV circuit breakers. • Reads blueprints and schematics in connection with installation and wiring of electrical equipment. • Performs complex relay testing during scheduled maintenance; acceptslcommissions testing on new relay installations, control circuits, and newly installed high voltage circuit breakers. • Works with electrical engineers on the development of system protection upgrades, supervisory control and data acquisition (SCADA) and new relay settings for electrical system revisions. • Troubleshoots malfunctions of remote control circuits, circuit breaker failures, natural gas turbine unit alarms and issues, water department electrical equipment failures, and electric system operational failures. • Responds to emergency calls for service during power outages to inspect affected equipment to identify a root cause of failure, repair impacted equipment, protect public and personnel safety and efficiently restore service. • Performs and coordinates scheduled preventative substation and associated systems maintenance. Retains all substation equipment maintenance records for regulatory and auditing purposes. • Requests electric system equipment clearances to safely conduct testing on high voltage equipment; acts as a checker for the Electrical Operators as needed during high voltage electrical switching. • Leads and trains employees on assigned testing work; develops schedules for the routine testing of equipment. • Adheres to established industry and regulatory guidelines and protocols regarding the proper handling of SF6 gas during the installation, repair and removal of SF6 circuit breakers. Senior Electrical Test Technician Vernon CA 1 of 2 • Promotes a safety conscious work environment by closely following City, State and industry established general, electrical and substation operating procedures, subscribing to industry best practices and complying with regulatory requirements. • Supports the relationship between the City of Vernon and the general public by demonstrating courteous and cooperative behavior when interacting with visitors and City staff; maintains confidentiality of work- related issues and City information; performs other duties as required or assigned. MINIMUM QUALIFICATIONS: Education, Training and Experience Guidelines: High school diploma or equivalent; AND five years of experience in specialized and technical testing and repair and maintenance of electric substation equipment. Knowledge of: • City organization, operations, policies, and procedures. • Regulatory requirements for the operation, maintenance, and repair of gas, electric and bulk power utilities. • Principles of electrical and electronic theory, power system operations including power plant operations; fundamentals of alternating current circuits, and electrical safety policies and procedures. • State and federal environmental protection codes and regulations; Cal OSHA regulations. • Applicable safety practices for high voltage equipment. • Common hand and power tools. • Customer service standards and protocols. Skill in: • Monitoring and applying control system principles rationally to solve practical problems and deal with a variety of concrete variables in situations where only limited standardization exists. • Interpreting schematics, plans and specifications. • Testing of microprocessor and electromechanical relays. • Proficiently and safely working at elevated heights including the appropriate use of fall protection and personal protective equipment. • Maintaining maintenance and inspection records as required by regulatory agencies. • Utilizing public relations techniques in responding to inquiries and complaints. • Working flexible hours or on-call schedule. • Communicating effectively, both orally and in writing. • Establishing and maintaining cooperative working relationships with managers, fellow employees, contractors, representatives of other utilities, suppliers and the public. LICENSE AND CERTIFICATION REQUIREMENTS: A valid Class C California State Driver's License is required. Additional training/certification may be required. PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed in the field at electrical substations, with exposure to dangerous equipment, extreme weather conditions, hazardous chemicals, high voltage and electrical shock. Senior Electrical Test Technician Vernon CA 2 of 2 JOB DESCRIPTION Substation Electrical Test Technician Dale Prepared: March 2014 Class Code: 8055 SUMMARY: Under i eraf supervision,maintains investigates and performs repairs to all City-awned electrical substations, natural gas turbine yn45 and plant swie; in accordance with established policies,procedures,regulations and objectives ESSENTIAL FUNCTIONS:—Essential functions,as defined under the Americans with Disabilihes Act may intrude any of ltle following representalive duties,knowledge,and skiffs This is not a canprehenswe hshng of all functions and duties performed by incumbents of this class; employees may be assigned duties whch are riot listed below,reasonable accommodations will be made as required. The job description does not constitute an employment agreement and is subject to change at any time by the employer Essential duties and responsibilities may include, but are not fim$ed to,the fallowing: • i Ta rc •nspects,and maintains protective relays,power transformers,instrument transformers,high voltage circuit breakers(oil,vacuum and gas),substation battery banks,capacitors and disconnectsiswitches and automatic tap changers. a P rm AC insul _,exOtahG1,turns ratio.windingresislanca and insulariciri'aiiUe teKYirucal t9SUM of trar4`kwMeM aS w@N.W CWLEJ t reststange open and 095P,timing ar`4.all pU1¢r lrnamal and exl�'rnar tttSUrK and empectiofi of T- T6 and 66KV circuit breakers.- ■ Reads hduaprints and schematics in connection with wi stallation and wiring of electricar equipment Performs complex relay testing during scheduled maintenance;acceptslcommissions testing on new relay installations,control circuits,and newly installed high voltage circuit breakers ■ Works with electrical engineers on the development of system protection upgrades,supervisory control and data acquisition(SCADA)and new relay settings for electrical system revisions ■ Troubleshoots malfunctions of remote control circuits,circuit breaker failures,natural gas turbine unit alarms and issues,water department electrical equipment failures,and electric system operational failures + Responds to emergency calls for service during power outages to inspect affected equipment to identify a root cause of fallum,mmir impacted aqunpment-ofowe t publlc and personre4 Safe-y and aff;,:aemj restore serncm.and to pw7ed the p w*c sarewy ■ Performs wand=rdinate9 scheduled ravofflatrve 5u!;�stz;Hz n 3�assmjated sys 3 malnt9ndnCe Re!ains all 4Ct}std#h-n equPpme nt mainkrlgn r��prd, f{;rwulalorr and auditing pumoses. + R_eguests electric system equipment QbtaiFis clearances to sa`ely conduct testing on high voltage equipment;ads as a checker for the Electrical Operators as needed ducing high votbago electnCW ssrnidtirlC,.- --t r« atted.Fon roof mr Not Bold, Expanded by/Condensed 4 ey ■ Adheres to eslabfish l induStrV and requlat8ry C uKSeli"s.aril grata lire;gMfrna the Groper handlinn of S€$oas durflg Ctrs kVW1W ;Tn,rrtut3ir and reJTupy_$1 pf SF6 ljrituit_breakers Formatted;Font Mot Bad,Not Expanded by f Condensed — blo Pimimolne a UMV MuKkx,s walk env�l by-09W-C(2fl44h'!rl4 GiN,,$Lyle.j�r1d industry g5laOlt — gereral. elli— al and substation operating proop&wa-s, subscribing to industry hest practices and ocimpl&g with Mgulatory reguirements, • Supports the relationship between the City of Vemon and the general public by demonstrating courteous and cooperative behavior when interacting with visitors and City staff; maintains confidentiality of work- related issues and City information;performs other duties as required or assigned, Formatted:rant roar Bold,Not Expanded by f Condensed ry Substauon Technician Vernon CA 1 of 2 MINIMUM QUALIFICATIONS: Education,Training and Experience Guidelines: High school diploma or equivalent; AND three years of experience in specialized and technical testing and repair and maintenance of electric substation equipment. Knowledge of: • City organization,operations,policies,and procedures • Regulatory requirements for the operation, maintenance, and repair of gas, electric and bulk power utilities. • Principles of eleclricat and electronic theory,power system operations including power plant operations; fundamentals of alternating current circuits,and electrical safety policies and procedures. • State and federal environmental protection codes and regulations;Cal OSHA regulations • Applicable safety practices for high voltage equipment • Common hand and power tools. • Customer service standards and protocols Skill in: • Monitoring and applying control system principles rationally to solve practical problems and deal with a variety of concrete variables in situations where only limited standardization exists. •_Interpreting schematics,plans and specifications • Teslinq of mremprocassor and ekFGtmmecMriicai relays • Proficiently and safely worlurry at elevated beighls inclydim �ie apQroynate use of fall protection and personal protective equipment. • Maintaining maintenance and inspection records as required by regulatory agencies • Utilizing public relations techniques in responding to inquiries and complaints • Working Flexible hours or on-call schedule • Communicating effectively,both orally and in writing • Establishing and maintaining cooperative working relationships with managers, fellow employees, contractors,representatives of other utilities,suppliers and the public. LICENSE AND CERTIFICATION REQUIREMENTS: A valid Class C California State Driver's License is required Additional traininglcertification maybe required PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed in the field at electrical substations, with exposure to dangerous equipment, extreme weather conditions,hazardous chemicals,high voltage and electrical shock. Subslabon Technician Vernon CA 2 of 2 v RECEIVED RECEIVED °" AUG 2 6 2015 AUG 2 6 2015 STAFF REPORT - --- ' TRATIGN CITY GLERK'S OFkXRNON POLICE DEPARTMENT DATE: September 1, 2015 TO: Honorable Mayor and City Council 9G FROM: Daniel Calleros, Police Chief RE: Ordinances Granting U.S. Tow, Inc. and HP Automotive & Tow Inc., A Franchise Towing Services Agreement. Recommendation A. Find that approval of a services agreement with US Tow Inc. and HP Automotive & Tow Inc., 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 a significant effect on the environment; and B. Hold the first reading of, and subsequently adopt,the proposed Ordinance granting to U.S. Tow, Inc., a franchise towing services agreement; and C. Hold the first reading of, and subsequently adopt, the proposed Ordinance granting to HP Automotive & Tow Inc., a franchise towing services agreement; and D. Authorize the Mayor to execute the franchise agreements on behalf of the City. Background On October 2, 2012, the City Council adopted Ordinance No. 1198, establishing a selection process and franchise agreement system for official police towing services. In addition, the ordinance set forth minimum requirements and performance standards for equipment, facilities, personnel, and services for each tow company providing as needed vehicle towing and storage services requested by the Vernon Police Department ("VPD"). The ordinance also established procedures for suspending or revoking tow companies that fail to meet the minimum standards, violate federal, state, or local laws, or for any cause which the VPD determines is in the public interest,necessary or general welfare for the contract to continue. Page 1 of 3 On March 19, 2015, the City Administrator authorized staff to issue a Request for Proposals ("RFP") seeking qualified licensed Tow Providers to enter into a franchise agreement to perform rotational police towing and storage services. The RFP specifically sought operators to furnish the VPD with licensed tow operations as may be required for a three (3) year period from the date of execution. The RFP was mailed to seven (7) local tow companies operating in the general area and was posted on the City's website. In addition, an RFP notice was published in the Vernon Sun news publication. The VPD received four (4) responses to the RFP. The four proposals were reviewed and assessed by an evaluation panel comprised of representatives from the VPD Administrative staff. Before conducting an assessment of each of proposal, two members of the evaluation panel conducted on-site inspections of each of the four tow companies. Each proposal was evaluated using the criteria set in the RFP. The following criteria was used in evaluating each proposal: Evaluation Criteria Weighting Experience 40% References 20% Responsiveness to the RFP, and quality and responsiveness 10% of the proposal Work Plan/Technical Description 30% Upon further review and comparison of all four proposals, reference checks, additional research into service levels and review of customer complaints available through public resources, and physical inspections conducted by members of the evaluation panel, staff has determined that it is in the best interest of the City to award franchise agreements to US Tow Inc. and HP Automotive & Tow Inc. Although Mr. C's Towing was ranked #2 by the evaluation panel, further research into service levels as well as criminal complaints revealed a previous issue with compliance with private property impounds as well as customer service issues. Given the disclosure of new information, staff recommended not to pursue a franchise agreement with Mr. C's Towing. Company Ranking US Tow Inc. 1 Mr. C's Towing 2 HP Tow 3 Viertel's Official Police Garage 4 The City Attorney's Office has prepared a standard agreement for official police tow services. This agreement establishes the City's requirements and minimum performance standards, payment of fees, reporting requirements, and other terms and conditions related to vehicle towing and impound services for the VPD. The agreement is for a term of three (3) years. Fiscal Impact There is no cost associated with execution of a franchise tow services agreement. The towing services franchise does not increase the costs paid by vehicle owners, as these rates are fixed. Vehicle Code § 12110(b) allows a public agency to collect administrative or franchise fee to recover its actual and reasonable costs incurred in connection with its towing program. Page 2 of 3 Attachments) None Page 3 of 3 ORDINANCE NO . 1231 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING TO U. S. TOW, INC. , A FRANCHISE TOWING SERVICES AGREEMENT WHEREAS, the City of Vernon (the "City" ) is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California; and WHEREAS, on October 2, 2012, the City Council of the City of Vernon adopted Ordinance No. 1198 adding Chapter 4B of the Vernon Municipal Code to establish a non-consensual franchise towing fee; and WHEREAS, on or about March 2015, the Police Chief issued a Request for Proposals for the City' s Franchise Tow Fee Program; and WHEREAS, the City Council of the City of Vernon desires to grant a Franchise Towing Services Agreement to U. S . Tow, Inc. ; and WHEREAS, the City Council of the City of Vernon is authorized by City Charter Section 8 . 9 to grant a franchise in the City of Vernon to any person, firm, corporation, or other entity and to set terms, conditions, restrictions and limitations by ordinance. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS : SECTION 1 : The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct . SECTION 2 : GRANT OF FRANCHISE. A non-exclusive franchise shall be, and the same is hereby granted by the City Council of the City of Vernon to U. S. Tow, Inc. , its lawful successors or assigns to provide official non-consensual police towing services to the Vernon Police Department. Said franchise is further described and depicted in the Franchise Towing Services Agreement, in substantially the same form as attached hereto as Exhibit A and incorporated herein by reference . SECTION 3 : FRANCHISE TERM. The franchise shall endure in full force and effect for three (3) years, subject to the terms and conditions of the Franchise Towing Services Agreement. SECTION 4 : FRANCHISE FEE. The grantee of the franchise, during the life thereof, will pay to the City five percent (5%) of the gross annual receipts of the grantee arising from the use, operation or possession of the franchise . SECTION 5 : VERIFIED STATEMENT OF GROSS RECEIPTS . The grantee shall file with the City Clerk of the City, within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of this franchise, and within three (3) months after the expiration of each calendar year thereafter, a verified statement showing in detail the total gross receipts for the grantee derived during the preceding calendar year, or such fractional calendar year, from the provision of official police towing services within the limits of the City. The grantee shall pay to the City within fifteen (15) days after the time for filing said statement, in lawful money of the United States, the aforesaid percentage of its gross receipt for the calendar year, or fractional calendar year, covered by said statement . Any neglect, omission or refusal by grantee to file said verified statement, or to pay said percentage at the times or in the manner hereinbefore provided, shall constitute grounds for the declaration of forfeiture of this franchise and of all rights of grantee hereunder. However, - 2 - grantee has the ability to cure under Section 12 . Further, the City is responsible for insuring that grantee has the appropriate financial institution information for electronic transfer of the franchise fee in a timely manner. Any delays caused by incorrect financial institution information shall not constitute grounds for the declaration of a forfeiture of this franchise. SECTION 6 : WRITTEN ACCEPTANCE REQUIRED. The franchise granted hereby shall not become effective until written acceptance thereof shall have been filed by grantee with the City Clerk. SECTION 7 : ABANDONMENT OF PRIOR FRANCHISES . The franchise granted by this Ordinance is in lieu of all other franchises, rights or privileges owned by the grantee, or by any successor of the grantee to any rights under the franchise, for providing official police towing services throughout the limits of the City of Vernon as such limits exist at the time of the granting of the franchise or as they may thereafter, except any franchise derived under Section 19 of Article IX of the Constitution as that section existed prior to the amendment thereof adopted October 10, 1911 . The acceptance of the franchise granted by this Ordinance shall operate as an abandonment of all such franchises, rights, and privileges within the limits of City as such limits at any time exist, in lieu of which the franchise is granted by this Ordinance . SECTION 8 : EMINENT DOMAIN. The granting of the franchise shall not in any way impair or affect the right of the City to acquire the property of the grantee by purchase or condemnation, and nothing contained in this franchise shall be construed to contract away, modify or abridge either for a - 3 - term or in perpetuity the City' s right of eminent domain. SECTION 9 : VALUE OF FRANCHISE. By acceptance of the franchise, the grantee, for itself, its successors and assigns, agrees that in any proceeding of any character before any court, commission, administrative body, board of arbitration or other public authority, no greater value shall be placed upon the franchise in excess of the cost to the grantee of the necessary publication and any other sum paid by grantee to the City therefor at the time of acquisition. SECTION 10 : NONCOMPLIANCE. If the grantee of the franchise granted by this Ordinance fails, neglects, or refuses to comply with any of the provisions or conditions prescribed in this ordinance or the Franchise Act of 1937, and does not within ten (10) days after written demand for compliance begin the work of compliance, and after such beginning does not prosecute the work with due diligence to completion, the City, by its City Council, may declare the franchise forfeited. The City may sue in its own name for the forfeiture of the franchise granted pursuant to this Ordinance, in the event of noncompliance with any of the conditions thereof by the grantee, its successors, or assigns . SECTION 11 : CONFORMITY TO RULES AND STATUTORY REQUIREMENTS . The grantee of the franchise granted by this Ordinance shall comply with all of the ordinances and rules adopted by the City Council of the City of Vernon in the exercise of its police powers and not in conflict with the paramount authority of the State . All work undertaken or performed pursuant to the provisions of the franchise shall be of the standard required by law, and by any other body or governmental authority having jurisdiction in the premises . Where not - 4 - in conflict with State law, or other governmental authority having jurisdiction in the premises, tow services shall be performed in accordance with the rules and regulations and ordinances of the City. SECTION 12 : INDEMNIFICATION. The grantee shall indemnify and hold harmless the City, its officers, agents and employees, from all liability for damages proximately resulting from any operations under this franchise . SECTION 13 : ASSIGNMENT. Grantee shall not assign or transfer any interest in the franchise without the express prior written consent and approval of City Council . Any unauthorized assignment or transfer of Franchisee' s rights or obligations under this Agreement shall be null and void and shall constitute a material breach by Franchisee of this Agreement . SECTION 14 : PERFORMANCE BOND. (a) At the option of the City, grantee shall either (a) reduce or eliminate any deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, representatives, attorneys, and volunteers; or (b) file with the City Clerk a corporate surety bond running to City and guaranteeing payment of losses and related investigations, claim administration and defense expenses . The bond shall be conditioned that grantee shall well and truly observe, fulfill and perform each term and condition of the franchise, and that in case of any breach of condition of the bond the amount of the penal sum therein shall be recoverable . If City elects option (b) above, Grantee shall file such bond within five (5) days after the adoption of this ordinance . (b) Grantee shall maintain the bond in full force and effect throughout the term of this franchise, at grantee ' s sole - 5 - expense. The bond shall be issued by an admitted surety insurer and comply with the requirements of the Bond and Undertaking Law, codified in Code of Civil Procedure Sections 995 . 010 et seq. This franchise shall be considered a "license or permit" within the meaning of the Bond and Undertaking Law, solely for purposes of application of such law to the bonding requirements of this section. SECTION 15 : LIABILITY. The grantee of the franchise under this Ordinance shall be liable to the City for all damages proximately resulting from the failure of the grantee to well and faithfully observe and perform any provision of the franchise or any provision of the Franchise Act of 1937 . SECTION 16 : Repeal . Any ordinance or parts of an ordinance in conflict with this Ordinance are hereby repealed. SECTION 17 : Severability. If any chapter, article, section, subsection, subdivision, paragraph, sentence, clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof . The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more chapters, articles, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases or words be declared unconstitutional, or invalid, or ineffective . 6 SECTION 18 : Book of Ordinances . The City Clerk, or Deputy City Clerk, shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk' s, or Deputy City Clerk' s, certification to be entered in the Book of Ordinances of the Council of this City. The City Clerk, or Deputy City Clerk, shall cause this ordinance to be published or posted as required by law. SECTION 19 : Effective Date . This Ordinance shall go into effect and be in full force and effect at 12 : 01 a.m. on the thirty- first (31st) day after its passage . APPROVED AND ADOPTED this day of , 2015 . Name : Title : Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: Brian W. Byun, Deputy City Attorney - 7 - STATE OF CALIFORNIA } } ss COUNTY OF LOS ANGELES ) I, , City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1231 was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held in the City of Vernon on Tuesday, September 1, 2015, and thereafter adopted at a meeting of said City Council held on Tuesday, by the following vote: AYES: Councilmembers : NOES : Councilmembers : ABSENT: Councilmembers : And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of 2015, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) - 8 - EXHIBIT A CITY OF VERNON FRANCHISEE TOWING SERVICES AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND U.S. TOW, INC. COVER PAGE Franchisee: U.S. Tow, Inc. Responsible Principal of Franchisee: Moshe Ben Dayan, President/CEO Notice Information - Franchisee: U.S. Tow, Inc. 2119 East 251 Street Los Angeles, CA 90058 Attention: Moshe Ben Dayan, President/CEO Phone: (213) 749-7100 Facsimile: (213) 749-0272 Notice Information - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Daniel Calleros, Police Chief Telephone: (323) 583-8811 ext. 114 Facsimile: (323) 826-1481 Commencement Date: No earlier than thirty-one (31) days after approval by City Council of City of Vernon of ordinance granting franchise to U.S. Tow, Inc. Termination Date: Three (3) years from Commencement Date, inclusive Consideration: Payment is made by Franchisee to City pursuant to Section 3 of this Agreement. Payment is made to Franchisee by City pursuant to Section 5 of this Agreement. Records Retention Period Three (3) years, pursuant to section 15.3 CITY OF VERNON FRANCHISEE TOWING SERVICES AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND U.S. TOW, INC. This Agreement is made and entered into by and between the City of Vernon ("City"), a California charter City and California municipal corporation, and U.S. Tow, Inc. ("Franchisee"), a Police Towing Company with its principal place of business at 2119 East 251 Street, Los Angeles, CA 90058 (collectively, the"Parties") to provide for towing services to the City. The Parties agree as follows: RECITALS WHEREAS, Franchisee shall provide police towing services to the City of Vernon as set forth in the Request for Proposal issued in or about March 2015, Exhibit A, and Franchisee's proposal to the City ("Proposal') dated April 16, 2015, Exhibit B, both of which are attached to and incorporated into this Agreement, by reference. WHEREAS, pursuant to Chapter 4B of the Vernon Municipal Code, Franchisee has applied for a Police Towing Franchise ("Franchise"); and WHEREAS, the City Council has determined that Franchisee has demonstrated compliance with Chapter 413 of the Vernon Municipal Code and has agreed to comply with all provisions of that Chapter; and WHEREAS, it is required that City and Franchisee enter into this Franchise Towing Services Agreement("Agreement")for police towing services in the City of Vernon; and WHEREAS, additional conditions have been imposed upon this grant of Franchise. NOW, THEREFORE, the Parties do hereby agree as follows: Section 1. GRANT OF FRANCHISE. Subject to approval by the City Council of the City of Vernon of an ordinance granting the franchise and to the requisite thirty-one (31) days' waiting period before such ordinance becomes effective, City grants to Franchisee a Police Towing Franchise authorizing Franchisee to engage in the business of Police Towing as set forth in chapter 413 of the Vernon Municipal Code in the City of Vernon and to use the public streets and rights of way for such purpose. This grant is pursuant to the City's Request for Proposal and to Franchisee's proposal for the Franchise. Franchisee is subject to the terms and conditions specified in Chapter 8.9 of the Charter of the City of Vernon, the provisions of Chapter 4B of the Vernon Municipal Code, the terms and conditions specified in all related resolutions, the terms and conditions of this Agreement, the representations and assurances in Franchisee's application for the Franchise. Section 2. TERM OF FRANCHISE. The term of this Franchise granted to Franchisee shall be for three (3) years, effective from thirty-one (31) days after the date upon which the City Council of the City of Vernon - 2- approves the ordinance granting the Franchise (the "Effective Date") to the date that is three (3) years from the Effective Date, inclusive. Section 3. FRANCHISE FEES. 3.1 During the term of the Franchise, Franchisee shall pay a franchise fee to City in an amount equal to 5% of Franchisee's gross annual receipts arising from the use, operation or possession of the Franchise, which fees shall be assessed from the date on which the ordinance granting this Franchise became effective and in accordance with Section 413.8 of the Vernon Municipal Code and any Resolution adopted by the City Council and in such other amounts as are set forth in any subsequent resolutions that may be adopted by the City Council at any time during the term of the Agreement. 3.2 The Franchisee shall file with the City Clerk of the City, within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of this franchise, and within three (3) months after the expiration of each calendar year thereafter, a verified statement showing in detail the total gross receipts for the Franchisee derived during the preceding calendar year, or such fractional calendar year, from the provision of official police towing services within the limits of the City. The Franchisee shall pay to the City within frfteen (15) days after the time for filing said statement, in lawful money of the United States, the aforesaid percentage of its gross receipt for the calendar year, or fractional calendar year, covered by said statement. Any neglect, omission or refusal by Franchisee to file said verified statement, or to pay said percentage at the times or in the manner hereinbefore provided, shall constitute grounds for the declaration of forfeiture of this Franchise and of all rights of Franchisee hereunder pursuant to the procedures set forth in Sections 11 and 12 herein. However, Franchisee has the ability to cure. Further, the City is responsible for insuring that Franchisee has the appropriate financial institution information for electronic transfer of the franchise fee in a timely manner. Any delays caused by incorrect financial institution information shall not constitute grounds for the declaration of a forfeiture of this Franchise. 3.3 Franchisee shall timely pay all required franchise fees to: City of Vernon Attention: Finance Director 4305 Santa Fe Avenue Vernon, CA 90058 Each payment shall be accompanied by a written statement, verified by the Franchisee or a duly authorized representative of the Franchise, showing in such form and detail as the Finance Director of the City of Vernon may prescribe, the calculation of the franchise fee payable by the Franchisee and such other information as the Finance Director may require as material to a determination of the amount due. 3.4 The first payment of the franchise fee will be due on September 15, 2015,_and payments shall be due monthly thereafter on the 15t�' day of each month. 3.5 When Franchisee remits franchise fees to the City, such franchise fees shall be deemed timely paid only if delivered or postmarked on or before the due date. If fees are not timely paid, Franchisee shall be subject to suspension or termination of the Franchise pursuant to Section 14 of this Agreement and/or to any other penalties which may be - 3 - established and assessed by the City, including, but without limitation, late fees assessed at the rate of five percent (5%). Section 4. TOWING SERVICES. 4.1 Franchisee shall provide Police Towing services, as set forth in Exhibit A, which is the City's Request for Proposals for Official Police Tow Services, and which includes, but without limitation, strictly adhering to the eligibility requirements, operating regulations, fees schedules, standards for tow truck equipment, standard rules of operation, response time, inspection, information regarding new or terminated tow truck drivers, tow driver training, and as set forth in Exhibit B which is Franchisee's response to the City's Request for Proposals. All services by Franchisee shall comply will all provisions of federal, state and local law and regulation, including, but without limitation Chapter 4B of the Vemon Municipal Code. 4.2 Franchisee understands and agrees that, although the City is granting it a franchise as a police towing service, the City may requisition towing services from other service providers as set forth in Section 4B.12 of the Vernon Municipal Code, or if Franchisee is otherwise unavailable for any reason, in the reasonable discretion of the Vernon Chief of Police and including, but without limitation, suspension or termination of the Franchisee. Section 5. RATES, CHARGES AND PAYMENT. 5.1 The rates and charges for towing and storage in connection with this Franchise shall be established by the Franchisee. The prevailing rates prescribed by the Southern Division of the California Highway Patrol, the Los Angeles Police Department, and the Los Angeles County Sheriff will be considered when establishing these rates. The rate per impound shall be $140.00 and the storage charge shall be $40.00 per day, unless or until otherwise modified by the City. A sign showing the approved rates and charges shall be conspicuously posted in the Franchisee's tow office and shall be posted in a conspicuous place in the interior of each tow truck operated by Franchisee. Franchisee shall provide vehicle owners the option of payment by MasterCard and Visa. Franchisee must provide for after-hours releases of vehicles, and may collect an after-hour release fee. As part of the award of franchise the Franchisee will be requested to establish an after-hours release fee not to exceed Y2 of the impound fee in addition to other established fees. Section 6. REPORTS. Franchisee shall file a monthly towing report with the Chief of Police along with payment of its monthly franchise fees. The report shall be submitted to: Vernon Police Department Attention: Police Chief 4305 Santa Fe Avenue Vernon, CA 90058 The report shall include the information required by Section 4B.10(H) of the Vernon Municipal Code for Franchisee and its subcontractors, certified as true and correct under penalty of perjury by a responsible owner or official of the Franchisee. - 4 - Section 7. FRANCHISEE'S RECORDS. 7.1 The Franchisee shall maintain accurate and complete books and accounts of all revenues and income arising out of its operations under the Franchise and in a manner, which conforms to generally accepted accounting principles. Franchisee's books, accounts and records, arising out of or related to its operation under the Franchise, shall at all times be open to inspection, examination and audit by authorized officers, employees and agents of the City. Such records shall be kept at Franchisee's place of business shown in this Agreement for receipt of notices. 7.2 Franchisee shall require its subcontractors, if any, who perform Police Towing services in connection with the Franchise to keep and maintain books of account and other records showing all business transactions conducted by such subcontractors in connection with the Franchise. Franchisee agrees to use its best efforts to avoid duplication of reporting between Franchisee and its subcontractors. Section 8. TOW VEHICLE AND DRIVER, REPORTING, COMPLIANCE, AND IDENTIFICATION. 8.1 Franchisee shall maintain on file with the City, a complete and accurate listing of every vehicle operated by Franchisee for police towing services. Franchisee shall certify, in a form acceptable to City, that every such vehicle conforms with regional and State vehicle emission standards ("emission standards"), and shall provide documentation of compliance on written request of the City. Franchisee understands and agrees that failure to comply with emission standards may result in suspension, termination or non-renewal of a Franchise. 8.2 Every vehicle operated by Franchisee and for Police Towing services in the City shall bear the following identification: Franchisee's trade name, monogram or insignia, the Franchise vehicle number, together with Franchisee's telephone number painted on both sides of the vehicle. All lettering mentioned in this paragraph shall be not less than 2-1/4" in height and not less than 5/6" stroke. The Franchisee agrees to remove the Franchise vehicle number and all other information within 30 calendar days after the Franchise is terminated or the vehicle is sold, transferred or taken out of service. 8.3 Franchisee shall file with the Vernon Police Department, the name, address, date of birth, driver's license number, and all identification required of any tow unit driver working for Franchisee, whether as an employee or as a contractor, which information shall be filed not later than ten (10) business days following the effective date of employment or engagement. Franchisee shall also notify the Vernon Police Department within ten (10) business days of the following occurrences: the license suspension of any tow unit driver, and the end of employment, or engagement, of any tow unit driver with Franchisee. Section 9. INDEMNIFICATION OF CITY. 9.1 Franchisee shall indemnify and hold the City harmless from and against any and all loss, damages, liability, claims, suits, costs and expenses, fines, charges or penalties whatsoever, including reasonable attorney's fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner related to the services provided or business conducted under Chapter 4B of the Vemon Municipal Code or otherwise pursuant to this Agreement. - 5 - 9.2 Franchisee shall indemnify the City, defend with counsel approved by the City, protect and hold harmless the City, its officers, employees, agents, assigns, and any successor or successors to the City's interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damage, punitive damages, injuries, costs, response, remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines and charges, penalties and expenses (including, but not limited to, attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, the City or its officers, employees, agents or the Franchisee arising from or attributable to any repair, remediation, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, or closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous waste at any place where the Franchisee stores or dispose of solid or hazardous waste. The foregoing indemnity is intended to operate as an Agreement pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 United States Code Section 9607, and California Health and Safety Code Section 25364, and any successor provisions, to insure, protect, hold harmless, and indemnify the City from liability. Section 10. INSURANCE REQUIREMENTS. 10.1 Franchisee shall, at its sole cost and expense, procure and maintain in full force and effect, throughout the term of this Agreement, inclusive of any renewal term granted by City, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by the Franchisee, its agents, representatives, employees or subcontractors. Franchisee shall procure and maintain insurance policies of the types and meeting the requirements set forth below, and shall provide to the City a Certificate of Insurance, or other such evidence reasonably acceptable to the City, verifying the existence of such policies: 10.2 Minimum Scope of Insurance Coverage. Franchisee shall procure and maintain policies of insurance with minimum scopes of coverage AT LEAST as broad as the following: (a) Comprehensive General Liability Insurance. (b) Comprehensive Vehicle Liability Insurance. (c) Workers' Compensation Insurance as required by the State of California and Employer's Liability Insurance. 10.3 Minimum Limits. Vendor shall maintain insurance with minimum limits NO LESS THAN the following: (a) General Liability of Two Million Dollars ($2,000,000) for each occurrence and in the aggregate, combined single limit, against any bodily injury, death, personal injury, or property damage. In Comprehensive General Liability Insurance or other form in which a general aggregate limit is used, the general limit shall apply separately to this Agreement or the general limit shall be TWICE the required occurrence limit. - 6 - (b) Automobile Liability of One Million Dollars ($1,000,000) per accident for bodily injury and property damage. (c) Garage Keepers Legal Liability coverage with minimum limits of Two Hundred Fifty Thousand Dollars ($250,000) per occurrence. (d) Employer's Liability of One Million Dollars ($1,000,000) per accident for bodily injury or disease. (e) Worker's Compensation and Employer's Liability Insurance in an amount required by law. 10.4 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, Franchisee shall either: (a) Reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected and appointed officials, officers, employees, agents, representatives, attorneys, and volunteers; OR (b) Procure a bond, guaranteeing payment of losses and related investigations, claim administration and defense expenses. Under this option, Franchisee shall file such bond within five (5) days after the adoption of the ordinance approving this Agreement. Franchisee shall maintain the bond in full force and effect throughout the term of the Franchise, at Franchisee's sole expense. The bond shall be issued by an admitted surety insurer and comply with the requirements of the Bond and Undertaking Law, codified in Code of Civil Procedure Sections 995.010 et seq. This franchise shall be considered a "license or permit" within the meaning of the Bond and Undertaking Law, solely for purposes of application of such law to the bonding requirements of this section. 10.5 Required Endorsements. All of the policies required by this Agreement shall contain, or be endorsed to contain, the following provisions: (a) City, its elected and appointed officials, officers, employees, agents, representatives, attorneys and volunteers shall be named as additional insured parties, and the policies shall specifically state that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement. (b) The insurance coverage provided by the Franchisee shall be primary to any coverage available to the City. Any insurance or self-insurance maintained by City, its officers, officials, employees or volunteers shall be in excess of Franchisee's own insurance and shall not contribute with it. (c) The insurance policies shall contain no special limitations on the scope of protection afforded to the City, its elected and appointed officials, officers, employees, agents, representatives, attorneys or volunteers. Further, the policies shall expressly waive the right of subrogation against City, its elected and appointed officials, officers, employees, agents, representatives, attorneys or volunteers. - 7 - i (d) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its elected and appointed officials, officers, employees, agents, representatives, attorneys or volunteers. (e) The insurance coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (f) Each insurance policy required by this section shall be endorsed to state that coverage SHALL NOT be suspended, voided, and/or canceled by either party, and that there shall be no reduction in the amount of coverage or in the limits applicable thereto EXCEPT after thirty(30) days prior written notice has been given to the City, said written notice to be delivered by U.S. Certified Mail, Return Receipt Requested addressed to the City Attorney and City Finance Director. (g) In its sole discretion, the City may waive all or some portion of the above referenced insurance if such waiver is in writing and executed by City's Finance Director. 10.6 Required Insurance Rating. Any insurance policy required by this Agreement shall be placed with an insurer admitted in the State of California with a current A.M. Best's rating of NO LESS THAN B+:VII in the latest edition of Best's Insurance Guide. 10.7 Original Certificates Required. At all times during the term of this Agreement, Franchisee shall maintain on file with the City's Finance Director a certificate or certificates of insurance. Said certificate or certificates of insurance shall show that the aforesaid policies are in effect in the required amounts and shall contain each of the endorsements as set forth in Section 10.3. Franchisee shall, prior to commencement of work under this Agreement, file with the City Finance Director the original certificates effecting coverage required by this section of this Agreement. The endorsements are to be signed by the person authorized by that insurer to bind coverage on its behalf. The endorsements are to be received and approved by City before Franchisee commences operation under the terms of this Agreement 10.8 Failure to Maintain Required Insurance. Franchisee agrees that if it fails to keep the aforesaid insurance policies in full force and effect the City may, at its sole option, either (i) immediately terminate this Agreement or, (ii) if insurance is available at a reasonable cost, the City may take out the necessary insurance and pay, at Franchisee's cost and expense, the premium thereon. Section 1 i. TERMINATION AND SUSPENSION. The City may terminate this Agreement, without cause, by giving the Franchisee thirty (30) days'written notice of such termination and the effective date thereof. The City may terminate this Agreement, with cause, by giving the Franchisee (10) days' written notice of such termination and the effective date thereof. Cancellation for cause shall be at the discretion of the City and shall be, but is not limited to, failure to supply the materials, equipment or service specified within the time allowed or within the terms, conditions or provisions of this Agreement. The Franchisee may not cancel this Agreement without prior written consent from the Vernon Chief of Police. - 8 - Section 12. TEMPORARY SUSPENSION. In addition to termination or suspension as set forth in Section 11, above, the Chief of Police may temporarily suspend any Franchisee without a hearing, whenever the continued operation by the Franchisee would constitute a danger to public health, safety, welfare or public morals, including, without limitation, where there is a failure to maintain the minimum levels and standards of liability insurance or claims reserve or failure to keep in full force and effect any applicable licenses or permits required by federal, state, local law, or regulation. The notice of temporary suspension may be personally delivered to the party named and to the address given on the application pursuant to which such Franchise was issued and to the notice address stated herein, if different, or, mailed by registered or certified mail to the party named at the address given on the application pursuant to which such Franchise was issued and to the notice address stated herein, if different. Notwithstanding other notice provisions of this Agreement, the temporary suspension is effective upon the earlier of either receipt or the expiration of three (3) days from the date of mailing. The notice of temporary suspension shall include a notice of the date and time for termination hearing and all other information required by the Vernon Municipal Code. The temporary suspension shall remain effective until the decision on suspension or termination is made unless the suspension is lifted by written notice of the Chief of Police. Section 13. ACCEPTANCE, WAIVER. Franchisee agrees to be bound by and comply with all the requirements of Chapter 4B and this Agreement. By entering into this Agreement, Franchisee waives, to the maximum extent permitted by law, Franchisee's right to challenge the terms of this Agreement and of Chapter 4B under federal, state or local law, or under administrative regulation, as such laws and regulations exist as of the date of signing of this Agreement. Section 14. GENERAL TERMS AND CONDITIONS. 14.1 INDEPENDENT STATUS. It is understood that in the performance under this Agreement, Franchisee shall be, and is, an independent operator, and is not an agent, contractor, or employee of City and shall furnish services in its own manner and method, except as required by this Agreement. Further, Franchisee has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Franchisee in its business operations. Franchisee shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Franchisee acknowledges that Franchisee and any subcontractors, agents or employees are not 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. 14.2 FRANCHISEE NOT AGENT. Franchisee and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise. 14.3 WAIVER. The City's waiver of any term, condition, breach or default of this Agreement shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. - 9 - 14.4 NO ASSIGNMENT. The Franchisee shall not assign or transfer any interest in this Agreement without the express prior written consent and approval of City Council. Any unauthorized assignment or transfer of Franchisee's rights or obligations under this Agreement shall be null and void and shall constitute a material breach by Franchisee of this Agreement. 14.5 COMPLIANCE WITH LAWS. Franchisee shall comply with all Federal, State, County and City laws, ordinances, resolutions, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof. 14.6 ATTORNEY'S FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. 14.7 INTERPRETATION. 14.7.1 Applicable Law. This Agreement, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed and construed according to the laws of the State of California, without regard to the conflict of laws provisions therein. 14.7.2 Entire Agreement. This Agreement, including any Exhibits attached hereto and any documents explicitly referenced herein, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (written or oral), 14.7.3 Written Amendment. This Agreement may only be changed by written amendment signed by Franchisee and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Agreement shall be of no force or effect. 14.7.4 Severability. If any provision in this Agreement is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Agreement. 14.7.5 Choice of Forum. The parties hereby agree that this Agreement is entered into and is to be performed in the City of Vernon and that all claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum. 14.7.6 Order of Precedence. In case of conflict between the terms of this Agreement and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the order of precedence is as follows: Charter of the City of Vernon, the Vernon Municipal Code, the ordinance granting this Franchise, resolutions of the City of Vernon, this Agreement, the City's Request for Proposals for Official Police Towing Services, - 10 - and Franchisee's Response to the City's Request for Proposals for Official Police Towing Services. 14.7.7 Duplicate Originals. There shall be two (2) fully signed copies of this Agreement, each of which shall be deemed an original. 14.8 AUTHORITY OF FRANCHISEE. The Franchisee hereby represents and warrants to the City that the Franchisee has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement, and its execution of this Agreement has been duly authorized. 14.9 EMINENT DOMAIN. The granting of the Franchise shall not in any way impair or affect the right of the City to acquire the property of the Franchisee by purchase or condemnation, and nothing contained in this Franchise shall be construed to contract away, modify or abridge either for a term or in perpetuity the City's right of eminent domain. 14.14 VALUE OF FRANCHISE. By acceptance of the Franchise, the Franchisee, for itself, its successors and assigns, agrees that in any proceeding of any character before any court, commission, administrative body, board of arbitration or other public authority, no greater value shall be placed upon the franchise in excess of the cost to the Franchisee of the necessary publication and any other sum paid by Franchisee to the City therefor at the time of acquisition. Section 15. ADDITIONAL ASSURANCES. 15.1 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Franchisee certifies and represents that, during the performance of this Agreement, Franchisee and any other parties with whom it may subcontract shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, marital status. Franchisee further certifies that it will not maintain any segregated facilities. Franchisee further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit"C". 15.2 BUSINESS LICENSES. Franchisee shall obtain, and pay any and all costs associated therewith, any Vernon Business License, which may be required by the Vernon Municipal Code and all permits, and licenses applicable to Franchisee's operations under this Franchise, which are required of Franchisee by any governmental agency. 15.3 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Franchisee's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Agreement and/or is paying only the amounts to which Franchisee is properly entitled under the Agreement or for other purposes relating to the Agreement. The Franchisee shall maintain and preserve all such records for a period of at least 3 years after termination of the Agreement. The Franchisee shall maintain all such records in the City of Vernon. If not, the Franchisee shall, upon request, promptly deliver the - 11 - records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personal, salaries, private auditors, travel, lodging, meals and overhead. 15.4 CONFLICT. Franchisee hereby represents, warrants and certifies that no member, officer or employee of the Franchisee is a director, officer or employee of the City of Vernon, or a member of any of its boards, commissions or committees, except to the extent permitted by law. Section 16. LIVING WAGES. Franchisee, and any subcontractor(s), shall comply with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit "D". Upon the City's request, certified payroll records shall promptly be provided to the City. Section 17. NOTICES. Except as otherwise provided in this Agreement, all notices required by this Agreement or by Chapter 4B of the Vernon Municipal Code shall be given by personal service or by deposit in the United States mail, postage pre-paid and return receipt requested, addressed to the parties as follows: To City: Vernon Police Department Attention: Police Chief 4305 Santa Fe Avenue Vernon, CA 90058 Copies to: City of Vernon Attention: Finance Director 4305 Santa Fe Avenue Vernon, CA 90058 Franchisee: U.S. Tow, Inc. Attention: Moshe Ben Dayan, President/CEO 2119 East 25t` Street Los Angeles, CA 90058 Notice shall be deemed effective on the date personally served or, if mailed, three days after the date deposited in the mail. [Signatures Begin on Next Page]. - 12 - IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date set forth below. City of Vernon, a California charter City U.S. Tow, Inc., a California corporation and California municipal corporation DATED: DATED- By: By Name- W. Michael McCormick, Mayor Title: ATTEST: By: Name: Maria E. Ayala, City Clerk Title: APPROVED AS TO FORM: Brian Byun, Deputy City Attorney - 13 - EXHIBIT A EXHIBIT A REQUEST FOR PROPOSALS - 14 - City of Vernon Request for Proposals (RFP) Franchise Tow Fee Program 6, . 9 Ay City of Vernon Police Department 4305 Santa Fe Avenue, Vernon, CA 90058 Phone: (323) 587-5171 r City of Vernon Franchise Tow Fee Program Request for Proposals I. INTRODUCTION AND PRQJECT The City of Vemon seeks proposals from qualified bidders to enter into a franchise agreement to perform rotational police towing and storage services. Services to be performed by the selected contractor include vehicle towing and impound services as directed by the Vernon Police Department. Based on the quality of the proposals received, the City may consider awarding a single tow franchise contract, or muitfple tow franchise contracts using a call-for-service rotation. The City does not expect to aware more than two(2)franchise agreements under the rotational system, although City Council reserves the right to award contracts at its sole discretion. based on the proposals submitted. The City will select no more than two (2)tow service companies, based on demonstrated competence and a cost effective approach to design, conduct, and assist in the removal of vehicles which are apparently abandoned, or driven by unlicensed drivers, or drivers driving on suspended licenses, or involved in traffic collisions, or vehicles creating a traffic hazard due to mechanical failures. To be eligible for consideration, the tow service company's place of business and vehicle storage facility must be located within a seven (7) mile radius of the Vernon City Hall, located at 4305 Santa Fe Avenue, Vemon CA 90058. 2. BACKGROUND The City of Vemon was founded in 1905, is approximately 5.2 square miles in size and is located approximately 5 miles southeast of downtown Los Angeles California. Over its long history Vemon has been developed as an industrial community. At the turn of the 20'h century the lands that make up Vernon were comprised largely of farmlands. The presence of three major rail lines in the area led influential business and property owners to encourage the railroad companies to run spur lines onto the farmlands. These rail extensions enabled the creation of an "exclusively industrial' city. By the 1920's Vemon was attracting large stockyards and meatpacking facilities. In the 1930's Vemon became the location of choice for many heavy industrial plants. As economic conditions changed over the decades, these large scale industrial operations have relocated out of Southern California and Vemon has attracted smaller, lighter industrial facilities. The City's business friendly environment, low cost utilities and key location for trucking and rail transport continue to position Vemon as an ideal location for industrial uses. City Govemment: The City Council consists of five members, elected at-large, who serve Five-year staggered terms. The City Council annually appoints a Mayor and a Mayor Pro Tern from its own membership to serve one-year terms. - 2- City of Vernon Franchise Tow Fee Program Request for Proposals Labor Force: Vernon has approximately 250 employees, and its departments include a Fire Department, Police Department, Finance Department, Public Works, Water and Development Services Department, Gas and Electric Department and Health and Environmental Control Department. Present bargaining units recognized include the Vernon Police Officers Benefit Association, Vernon Police Management Association, Vernon Firemen's Association, the Vernon Fire Management Association, International Brotherhood of Electrical Workers Local 47, and Teamsters Local 911. 3. ISSUES OR PROBLEMS TO BE ADDRESSED The selected tow service company shall be able to provide swift, professional service in the removal of any vehicle, as directed by the Vernon Police Department, from any City street. 4. SCOPE OF SERVICES REQUIRED I The City of Vernon is seeking the services of a highly qualified tow service company to assist in: Under the terms specified herein as well as in Chapter 413 of the Vernon Municipal Code, Franchisee shall furnish impound, towing, and storage services to the Vernon Police Department and the City as directed by the Vernon Police Department. To be eligible for a franchise, applicants must meet the City's minimum requirements as specified herein. Franchisee will be required to provide the necessary trained personnel, tow trucks and storage facilities to recover, if necessary, and remove vehicles and tractor/trailers i involved in collisions. Franchisee(s)must be able to tow and store vehicles impounded by the police, many times in excess of 30 days; and must be able to clean up and dispose of debris at the scene of an accident at which any vehicle to be towed hereunder was involved. The average response time for any thirty day period pursuant to requests for tow service by the Police Department, must not exceed twenty (20)minutes. The maximum response time for any single request for tow service by the Police Department shall not exceed thirty (30) minutes. In the event the Franchisee cannot respond within 20 minutes, the Franchisee shall immediately notify the Police Department dispatcher and provide an estimated time of arrival. Franchisee must provide a dispatcher available onsite at the tow facility place of business at all times for the immediate dispatcFring of towing equipment. Franchisee's I place of business must be open from 07DO to 1800 hours Monday through Friday. Alternate hours, as directed by the City, must also be available in order to accommodate special City events, Failure or refusal to promptly relay the Police Dispatcher's requests For towing services shall constitute failure to comply with the requirements, terms and conditions of the agreement and may result in termination of the agreement. All tow trucks shall be equipped as provided in the California Vehicle Code. - 3- I City of Vernon Franchise Tow Fee Program Request for Proposals Franchisee's trucks shall be painted,free of major dents, and kept clean and in good working order. Official police tow services shall, at all times, have at least three fully equipped and operational tow trucks in service. All of the tow trucks in service must have a minimum capacity of one(1)ton. At least one of the tow trucks in service must be a flatbed tow truck_ At least one of the three tow trucks in service must have a five ton(5) lifting capacity. Every official police tow service shall be equipped for and have personnel proficient in unlocking locked vehicles when requested to do so by Police Department employees. Upon selection the Franchisee shall file with the Vernon Police Department, the name, address, date of birth, driver's license number, and all other Information required of any tow unit driver employed by the permit holder subsequent to the date of the tow operator permit application, which information shall be filed not later than ten(10) business days following the effective date of hiring. The Franchisee will be required to notify the Vernon Police Department of the name of any tow truck driver no longer employed by such permit holder. This notification shall be given to the Vernon Police Department no later than ten (10) business days following the last date of the driver's employment by the permit holder. The Franchisee will be required to notify the Vernon Police Department of the identity of any tow truck driver whose license is suspended. The operator shall not be authorized to operate in Vernon unless the operator has provided proof from the Department of Motor Vehicles of the ability to operate a vehicle during worts hours. The Franchisee will be required to enroll and participating in a program with California Department of Motor Vehicles (DMV Pull Program)that notifies the Franchisee when their drivers have any change to their driving status or record- This DMV program will alert the Franchisee to any potential problem drivers. Franchisee will be required to comply with the California Vehicle Code and other applicable laws with regards to lien sales, including supplying a list of vehicles each month that the Franchisee intends to lien sale prior to selling same for approval by the department. Franchisee is responsible for maintaining all documents relating to lien Wm 5. QUAUrICATIONS &CRITERIA A. Qualifications: The City of Vernon will select no more than two (2) tow service companies for all of the outlined Scope of Service on the basis of qualifications, experience, and cost. The following are the minimum qualifications to be used to evaluate responses to this Request for Proposal: 1. The applicants can satisfy the insurance, business license, and tow operator permits requirements set forth in Vernon Municipal Code Chapter 4B. 2. The applicants are qualified on the basis of prior experience in the towing -4 - City of Vernon Franchise Tow Fee Program Request for Proposals operation business and financial responsibility. 3. All tow vehicles and equipment must comply with all state and applicable federal requirements. 4. The applicants can reasonably conduct an official police towing service which complies with all of the requirements of Vernon Municipal Code Chapter 48. 5 The applicants will accept all tow requested by the City, including tows of abandoned or dismantled vehicles and/or tows requiring special i equipment. B. Selection Critsda:The City will conduct a comprehensive,fair, and impartial evaluation of proposals received in response to this RFP. Ali proposals received will be reviewed and evaluated by a committee of qualified personnel. The name, information, or experience of the individual members will not be made available to any proposer. The Evaluation Committee will first review and screen all proposals submitted, except for the cost proposals, according to the minimum qualifications set forth above. The following criteria will be used in reviewing and comparing the proposals and in determining the highest scoring bid: 1. 40%Qualifications, background and prior experience of the tow service company in the Service Area(s)being proposed,experience of key staff assigned to oversee services provided to Vernon, evaluation of size and scope of similar work performed and success on that work. 2. 30% Cost and fees to the City for handling matters. Cost is not the sole determining factor but will be taken into consideration. Proposer must offer services at a rate comparable to the rate proposer offers to other governmental entities for similar work. Offering a higher rate to the City than the comparable rate is grounds for disqualification of the Proposer. If rates differ for different types or levels of service,or for different Service Areas, the Proposer should so state. 3. 10% Responsiveness to the RFP, and quality and responsiveness of the proposal. 4. 20% References including past performance of proposer. 6. FORMAT AND DELIVERY OF R j&e0NSE Respondents are asked to submit seven (7) hard copies and one (1) electronic copy of their proposals in sufficient detail to allow for a thorough evaluation and comparative analysis. The proposal should include, at a minimum, the following information in sectionalized format addressing all phases of the work in the RFP. A. Format: Limit your proposal to 20 typed 8.5" X 11° pages, or fewer, on white bond paper of at least 20-pound weight single sided (excluding cover letter and attachments. You may attach a company brochure if you wish, but it must be as a separate attachment and independent from the required elements noted above. 1. Use a conventional typeface with a minimum font size of 12 points. Use a V margin on all boarders. -5- City of Vernon Franchise Tow Fee Program Request for Proposals 2. Organize your submittal in the order described above. 3. Provide one (1) unbound original of your company's response and one electronic version (via email) to Captain Michael Gillman, mgillman@covpd_org 4. Prominently label the package: "Franchise Tow Fee Program' and include the name of the primary contact for the respondent. Deliver the response to: City of Vernon Attention: Captain Michael Gillman 4305 Santa Fe Avenue Vernon, CA 90058 5. Responses are due on or before 6:00 p.m, on April 16, 2015. Late response will not be accepted. 6. If you have any question about this RFP, please contact Captain Michael Gillman at(323) 587-5171 ext. 115. B. Cover Letter: All proposals shall include a cover letter which states that the proposal shall remain valid for a period of not less than ninety (90) days from the date of submittal. if the proposal contemplates the use of sub-oontractors, the sub- contractors shall be identified in the cover letter. if the proposal is submitted by a business entity, the cover letter shall be signed by an officer authorized to contractually bind the business entity_ With respect to the business entity, the cover letter shall also include: the identification of the business entity, including the name, address and telephone number of the business entity; and the name, title, address and telephone number of a contact person during the proposal evaluation period. C Introduction: Present an introduction of the proposal and your understanding of the assignment and significant steps, methods and procedures to be employed by the proposer to ensure quality deliverables that can be delivered within the required time frames and your identified budget. D General Scope of Work: Briefly summarize the scope of work as the proposer perceives or envisions it for each Service Area proposed. E. Work Plan: Present concepts for conducting the work plan and interrelationship of all projects. Define the scope of each task including the depth and scope of analysis or research proposed. F. Fees and costs: Although an important aspect of consideration, the financial cost estimate will not be the sole justification for consideration. Negotiations may or may not be conducted with the proposer, therefore, the proposal submitted should contain the proposer's most favorable terms and conditions, since selection and award may be made without discussion with any tow service company. All prices -6- City of Vernon Franchise Tow Fee Program Request for Proposals should reflect"not to exceed' amounts per item. Proposer must offer services at a rate comparable to the rate proposer offers to other governmental entities for similar work. Offering a higher rate to the City than the comparable rate is grounds for disqualification of the Proposer. G. Ability of the Proposer to Perform: Provide a detailed description of the proposer and his/herfits qualifications, including names, titles, detailed professional resumes and past experience in similar work efforts/products of key personnel who will be working on the assignment. Provide a list of specific related work projects that have been completed by the proposer which are directly related to the assignment described in this RFP. Note the specific individuals who completed such project(s). Identify role and responsibility of each member of the project team. Include the amount of time key personnel will be involved in the respective portions of the assignment. Respondents are encouraged to supply relevant examples of their professional product. Provide a list of references. The selected tow service companies shall not subcontract any work under the RFP nor assign any work without the prior written consent of the City. H. Affidavit of Non-Collusion. Proposer must submit a completed and signed, "Affidavit of Non-Collusion.' (Copy attached as Exhibit A). 7. ADDENDA, CHAN ffS, AND AMENDMENTS TO THIS SOLICITATION At any time prior to the due date for responses, the City may make changes. amendments, and addenda to this solicitation, including changing the date due to allow respondents time to address such changes. Addenda, changes, and amendments, if made, will be posted on the City's website (www-cityofvemon.org), which is deemed adequate notice. A proposer may make a request to the City's project coordinator to be placed on a list of persons to receive notice of any such addenda, changes, or amendments. The preferred manner of communications is via e-mail due to its timeliness. B. CONDITIONS FOR RESPONSES TO RFP The fallowing conditions apply to this RFP process: A Nothing contained in this RFP shall create any contractual relationship between the respondent and the City. B. This RFP does not obligate the City to establish a list of service providers qualified as prime contractors, or award a contract to any respondent. The City reserves the right to amend or cancel this RFP without prior notice, at any time, at its sole discretion. C. The City shall not be liable for any expenses incurred by any individual or organization in connection with this RFP. D. No oonversations or agreements with any officer, agent, or - 7- City of Vernon Franchise Tow Fee Program Request for Proposals employee of the City shall affect or modify any terms of this RFP. Oral communications or any written/e-mail materials provided by any person other than designated contact staff of City shall not be considered binding. E. The City reserves the right, in its sole discretion, to accept or reject any or all Proposals without prior notice and to waive any minor irregularities or defects in a Proposal_ The City reserves the right to seek clarification on a Proposal with any source- F. The dates, times, and sequence of events related to this RFP shall ultimately be determined by the City. The schedule shown above is subject to change, al the sole discretion of the City, although the City will attempt to follow it and, if it must be altered, will attempt to provide reasonable notice of the changes. G. Respondents shall not issue any news release pertaining to this RFP, or the City without prior written approval of the City. H. All submitted proposals and information included therein or attached thereto shall become public record upon delivery to the City Administrator's Office. 9. RIGHT BY TE19 CITY TO WITHDHM THIS REQUEST The City may, at its sole discretion and for any reason whatsoever, withdraw this solicitation at any time. 110. LIVING WME ORDINANCE The selected tow service companies shall pay qualifying employees a wage of not less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits- The tow service companies shall also provide qualifying employees at least twelve days off per year for sick leave. vacation or personnel necessity, and an additional ten days a year of uncompensated time for sick leave. There shall be a prohibition on employer retaliation against an employee's complaining to the City with regard to the employer's compliance with the living wage ordinance_ The tow services companies,and any sub- contractor(s), shall comply with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit"D'of the standard form franchise towing services contract, attached hereto as Exhibit S. Upon the City's request, certified payroll records shall promptly be provided to the City. i -8- City of Vernon Franchise Tow Fee Program Request for Proposals 11. STANDARD TERMS AND CONDITIONS Prior to the award of arty worm hereunder, City and proposer shall enter into the written contract for services attached hereto as Exhibit B. Proposers responding to this RFP are strongly advised to review all the terms and conditions of the Contract. The term of the Contract shall not exceed three (3)years. -9- City of Vernon Franchise Tow Fee Program Request for Proposals EXHIBIT A AFFIDAVIT OF NON-COLLUSION i - 10- 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'So it owme.'Prmrer,"Pie kkv.'Saresary',orodsrpmwr titie) of — (Irmn runic of bidder) who submits herewith to the City of Vernon a bid/proposal; That all statements of fact in such bid/proposal are true; That such bid/proposal was not made in the interest of or on behalf of any undisclosed person, partnership,company,association,organization or corporation; That such bid/proposal is genuine and not collusive or sham; That said bidder has not,directly or indirectly by agreement,communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Vernon, or of any other bidder or anyone else interested in the proposed contract-,and further That prior to the public opening and reading of bids/proposals,said bidder. a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham bid/proposal; I Did not directly or indirectly, collude, conspire, Connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid/proposal,or that anyone should refrain from bidding or withdraw his/her bid/proposal; C. Did not, in any manner,directly or indirectly seek by agreement,communication or conference with anyone to raise or fix the bidlproposal price of said bidder or of anyone else,or to raise or fix any overhead,profit or cost element of his/her bid/proposal price,or of that of anyone else; d. Did not, directly or indirectly, submit his/her bid/proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organiudon, bid depository, or to any member or agent t�e=f,or to arty individual or pup of individuals,except the City of Vernon,or to any person or persons who have a pa=ershfp or oduer ftna(tcial interest with said bidder in his/her business. 1 certify under penalty of perjury that the above information is correct By.._ Title: Date: March 2013 City of Vernon Franchise Tow Fee Program Request for Proposals EXHIBIT B STANDARD FORM CONTRACT - 11 - a CITY OF VERNON FRANCHISEE TOWING SERVICES AGREEMENT NO. COVER PAGE Franchisee: [insert name of franchisee] Responsible Principal of Franchisee: [insert name, title] Notice Information - Franchisee: [insert name of franchisee] [insert street address] [insert city, state, 2jp code] Attention: [insert name, title] Phone: [insert phone number] Facsimile. [insert fax number] Notice Information - City. City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: [insert department head] [insert department head title] Telephone: (323)583-8811 ext_ [insert] Facsimile: [insert fax number] Commencement Date: [insert commencement date] Termination Date: [insert termination date] Consideration: Payment is made by Franchisee to City pursuant to Section 3 of this Agreement. Payment is made to Franchisee by City pursuant to Section 5 of this Agreement. Records Retention Period [insert number of years contractor must retain records] March 2015 CITY OF VERNON FRANCHISEE TOWING SERVICES AGREEMENT NO. This Agreement is made and entered into by and between the City of Vernon ("City`),a California charter City and California municipal corporation, and ('Franchisee'), a Police Towing Company with its principal place of business at (collectively, the`Parties')to provide for towing services to the City. The Parties agree as follows: RECITALS WHEREAS, Franchisee shall provide police towing services to the City of Vernon as set forth in the Request for Proposal dateo . Exhibit A:,and Franchisee's Xoposai tv the City('Proposal')dated Exhibit B. both of whpch are attacNk to and incorporated Into this Agreement. by reference. WHEREAS, pursuant to Chapter 4B of the Vernon Municipal Code, Franchisee has applied for a Police Towing Franchise(`Franchise'); and WHEREAS, the City Council has held a public hearing for the purpose of hearing persons in favor of or in opposition to the granting of such Franchise; and WHEREAS, the City Council has determined that Franchisee has demonstrated compliance with Chapter 4B of the Vernon Municipal Code and has agreed to comply with all provisions of that Chapter, and WHEREAS, it is required that City and Franchisee enter into a Franchise Towing Services Agreement("Agreement')for Police Towing services in the City of Vemon: and WHEREAS, additional conditions have been imposed upon this grant of Franchise. NOW,THEREFORE, the Parties do hereby agree as follows: Section 1. GRANT OF FRANCHISE. City grants to Franchisee a Police Towing Franchise authorizing Franchisee to engage in the business of Police Towing as set forth in chapter 48 of the Vernon Municipal Code in the City of Vemon and to use the public streets and rights of way for such purpose. This grant is pursuant to the City's Request for Proposal and to Franchisee's proposal for the Franchise. Franchisee is subject to the terms and conditions specified in Section 8.9 of the Charter of the City of Vernon_the provisions of Chapter 4B of the Vemon Municipal Code, the terms and conditions specified in all related resolutions, the terms and conditions of this Agreement, the representations and assurances in Franchisee's application for the Franchise. Section 2. TERM OF FRANCHISE. The term of this Franchise granted to Franchisee shall be for three(3) years, from to inclusive. March 2015 I Section 3. FRANCHISE FEES. 3.1 During the term of the Franchise. Franchisee shall pay franchise fees to City, wl~ich fees 9haIJ be assessed from the date on which the ordinance granting this Franchise became effective and in accordance with Section 413.8 of the Vernon Municipal Code and any Resolution adopted by the City CounciJ and in such otr�er arroLLnts as are set forth in any subsequent resolutions that may be adopted by the Ciky Ccunoil at any time during the terra of the Agreement. 3.2 Franchise shall timely pay all required franchise fees to: Finance Department—Director of Finance City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Each payment shall be accompanied by a written statement,verified by the Franchisee or a duly authorized representative of the Franchise, showing in such form and detail as the Director of the Department of Finance may prescribe,the calculation of the franchise fee payable by the Franchisee and such other information as the Director of the Department of Finance may require as material to a determination of the amount due. 3.3 The first payment of the franchise fee will be due on_ and payments shall be due monthly thereafter on the 15' day of each month. 3.4 When Franchisee remits franchise fees the City,such franchise fees shall be deemed tlmsly paid only if delivered or postmarked on or before the d,je date_ If fens are not timely paid, Franchisee shaft be subject to suspension or termination of the Franchise oursuant to Section 14 of this Agreement and/or to any other penalties which may be established and assessed by the City, including, but without limitation, late fees assessed at the rate of five percent(5%). Section 4. TOWING SERVICES. 4.1 Franchisee shall provide Police Towing services, as set forth in Exhibit A. which is the City's Request for Proposals for Official Police Tow Services, and which includes, but without limitation, strictly adhering to the eligibiJty requirements, operating reg L,latlons, fees schedules, standards for tow truck equipment, standard rules of operat+orr, response Urns, inspection, information regarding new or tarminated tow tack drivers, tow driver training, and as set forth in Exhibit B which is Franchisee's response to the City's Rzooest for Proposals. All services by Franchisee shatl comply will all provisions of federal.sta[a and Io4--al iaw and regulation, including, but without limitation Chapter 4B of the Vernon Municipal Code. 4.2 Franchisee understands and agrees that, although the City is granting it a franchise as a police towing service, the City may requisition towing services from other service providers as set forth in Section 4B.12 of the Vemon Municipal Code,or if Franchisee is otherwise unavailable for any reason, in the reasonable discretion of the Vernon Chief of Police and including, but without limitation, suspension or termination of the Franchisee. March 2015 Section 5. RATES,CHARGES AND PAYMENT. 5.1 The rates and charges for towing and storage ;n connection with this Franchise shall be establishod by t+ a City Council_ The prevailing rates prowibad by the Southern Division of the California Highway Patrol, the Los Angeles Ponca Department, and the Los Angelos County Sheriff will be considered when establishing these rates The rate per impound shall be and the storage charge shall be per day, unbl otherwise modified by the City Council. A sign showing the approved rates and charges shall be conspicuously posted in the Franchisee's tow office and sha;i be posted in a ccnsplcuou# place in the interior of each tow truck operated by Franchisee. Franchisee shall provide vehicle owners the option of payment by MasterCard and Visa. Franchisee must provide for after-hours releases of vehicles, and may collect an after-hour release fee. As part of the award of franchise the City Council will be requested to establish an after-hours release fee not to exceed of the impound fee in addition to other established fees. Section 6. REPORTS. Franchisee shall file a monthly towing report with the Chief of Police along with payment of its monthly franchise fees. The report shall be submitted to: Chief of Police Vernon Police Department 4305 Santa Fe Avenue Vernon, CA 90058 The report shall include the information required by Section 48.10(H)of the Vemon Municipal Code for Franchisee and its subcontractors, certified as true and correct under penalty of perjury by a responsible owner or official of the Franchisee: Section 7. FRANCHISEE'S RECORDS. 7.1 The Franchisee shall maintain accurate and complete books and accounts of all revenues and income arising out of its operations under the Franchise and in a manner, which conforms with generally accepted accounting principles. Franchisee's books, accounts and records, arising out of or related to its operation under the Franchise, shall at all times be open to inspection, examination and audit by authorized officers, employees and agents of the City. Such records shall be kept at franchisee's place of business shown in this Agreement for receipt of notices. 72 Franchisee shall require its subcontractors, if any,who perform Police Towing services in connection with the Franchise to keep and maintain books of account and other records showing all business transactions conducted by such subcontractors in connection with the Franchise. Franchisee agrees to use its best efforts to avoid duplication of reporting between Franchisee and its subcontractors. Section 8. TOW VEHiCLF AND DRIVER_ REPORTING, COMRLJANCE. AND OENTIFICATION. 8.1 Franchisee shall maintain on file with the City, a complete and accurate listing of every vehicle operated by Franchisee for police towing services. Franchisee shall certify, in a form acceptable to City, that every such vehicle conforms with regional and State March 2015 i vehicle emission standards('emission standards"), and shall provide documentation of compliance on written request of the City. Franchisee understands and agrees that failure to conform with emission standards may result in suspension, termination or non-renewal of a Franchise. 8.2 Fvery vehic:e operated by Franchisee a.id for Police Towing services in t+he City shall bear the fohowi'ig identificaton: Franchisee`s trade name, monogram or insignia, the Franchise vehicle number, together with Franchisee's Lelephone number painted upon both sides of the vehicle. III lettering mentioned in this paragraph snail be not less than 2-11-V in 4elght ann not less than 516" stroke. The Franchisee agrees to remove the Franchise vehicle number and all other information within 30 calendar days after the Franchise is terminated or the vehicle is sold, transferred or taken out of service. 8.3 Franchisee shall file with the Vernon Police Department, the name, address, date of birth, driver's license number, and all identification required of any tow unit driver working for Franchisee,whether as an employee or as a contractor,which information shawl be filed nvt later than ten(10)business days following the effective date of employment or engagerrnent Franchisee shall also notify the Vemon Police Department within ten(10) business days of the fcliowing occ aences: the license suspension oFany tow unit driver, and the end of employment, or,engagement, of any tow unit driver with Franchisee. Section S. INDEMNIFiCATION OF CITY. 9.1 Fran&isee shall indemnify and hold the City harmless from and against any and ail loss, damages, liability. claims, suits, costs ano expenses, fines, charges or panalties whatsoever, irduding reasonable attorney's fees,regardless of the merit or outcome of any such clalrn or suit, arising from or in any manner related to the services provided or business conducted under Chapter 4B of the Vernon Municipal Code or otherwise pursuant to this Agreement 9.2 Franchisee shall indemnify the City+, defend with counsel approved by tie City, protect and hold harmless the City, its officers, employees, agentc, assigns, and 8ny su ssor or successors to the City's interest from and against all claims, actual damages {including but not limited to special and Cansequential damages), natural reswces damage, punitive damages. Injuries. costs, response, remedlation and removal roots, losses, demands, debts, liens, liabilities, causes of actlan, suits, legal or administrative proceedings, interest, fines and charges, penalties and expenses (iriciudirig, but not limited to, attorneys' and expert witness fees and c mts incurred in conriectiDn with defencing against any of the fDregoing ar in enforcing this indemnity)of any kind whatsoever paid, incurred or suffered by,ar asserted against, tt�e City or its officers, employees,agents or the Franchisee arising from or attributable to any repair, remedtalion, cleanup or detoxification, or p►aparation and implementation of any removal, remedial, response, or closure or other plan (regardless of whether undemaken due to governmental action) concerning any nazardous subsiance or hazardous waste at any place where the Fraoct•iisee stores or dispose of solid or hazardous waste. The foregoing indemnity is intended to operate as an Agreement pursuant to the Comprehensive Environmental Response, Compensation ano i`iabiiity Act, 42 United Mates Cade Section 9607, and California Health and Safety Code Section 25364, and any successor provisions, to insure, protect, hold harmless, and indemnify the City from liability. March 2015 Section 10. INSURANCE REQUIREMENTS. 10.1 Franchisee shall, at its sole cost and expense, procure and maintain in full force and effect, throughout the term of this Agreement, inclusive of any renewal term granted by City, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by the Franchisee, its agents, representatives, employees or subcontractors. Franchisee stall procure and rnaintain insurance polices of the s and meeting the requirements set farts below, and shall provide to the City a Certificate of Insurance, or other such evidence ressonabty acceptable tc the City. verifying the existence of such policies: 10.2 Minimum Scope of Insurance Coverage. Franchisee small procure and maintain policies of insurance with minimum scopes of coverage AT LEAST as broad as the following: (a) Comprehensive General Liability Insurance. (b) Comprehensive Vehicle Liability Insurance. (c) Workers'Compensation Insurance as required by the State of Califomia and Employer's Liability Insurance. 10.3 Minimum Limits. Vendor shall maintain insurance with minimum limits NO LESS THAN the following: (a) General Liability of Two Million Dollars($2,000,000)for each occurrence and in the aggregate, combined single limit, against any bodily injury, death, personal injury, or propery damage. In Comprehensive General Liability Insurance or other form in which a general aggregate limit is used, the general limit shall apply separately to this Agreement or the general limit shall be TWICE the required occurrence limit. (b) Automobile Llability of One Miltion Dollars($1,000,000)per accident for bodily injury and property damage. (c) Garage Keepers Legal Liability coverage with minimum limits of Two Hundred Fifty Thousand Dollars ($250,000) per occurrence. (d) Employer's Liability of One Million Dollars($1,000.000) per accident for bodily injury or disease. (e) Worker's Compensation and Employer's Liability Insurance in an amount required by law. 10.4 Deductibles, Any deductibles or self-insured retentions must be declared to and approved by the City_ At the option of the City, Franchisee shall either: (a) Reduce or eliminate such deductibles or self-insured retentions as respect to the City, its elected and appointed officials, officers,employees,agents, representatives,attorneys, and volunteers; OR (b) Procure a bond, guaranteeing payment of losses and related investigations,claim administration and defense expenses. March 2015 10.5 Required Endorsements. All of the policies required by this Agreement shall contain, or be endorsed to contain,the following provisions: (a) City, its elected and appointed officials, officers, employees, agents, representatives, allamays and volunteers shall be named as additional insured parties, and the policies shaii specifically state that the coverage contained in the policies affords insurance pursuant to the larms and conditions as set forth in this Agreement. (b) The insurance coverage provided by the Franchisee shad be primary to any coverage available to the City. Any insurance or self-insurance maintained by City. its officers, officials, employees or volunteers shall be in excess of Franchisee's awn insurance and shall not contribute with it. (c) The ?nsurance policies shall contain no special limitations on the scope of protection aftrded to the City, its elected and appointed cffcWs, officers, employees, agents, representatives,attonneys or volunteers. Further, the polices shall expressly waive the right of subrogation against City, its elected and appointed offa6aIs, officers, employees, agents, representatives. attorneys or volunteers. (d) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not aifeal coyerago provided to the City, its elected and appointed officials, officers, employees, agents, representatives, attorneys or volunteers. (e) The insurance coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (f) Each insurance policy required by this section shall be endorsed to state that coverage SHALL NOT be suspended,voided, and/or canceled by either party, and that there shall be no reduction in the amount of coverage or in the limits applicable thereto EXCEPT after thirty(30)days prior written notice has been given to the City, said written notice to be delivered by U.S. Certifled Mail, Return Receipt Requested addressed to the City Attorney and City Finance Director. (g) In its sole discretion, the City may waive all or some portion of the above referenced insurance if such waiver is in writing and executed by City's Finance Director. 10.6 Required Insurance Rating_ Any insurance policy required by this Agreement shall be placed with an insurer admitted in the State of California with a current A.M. Best's rating of NO LESS THAN B+:VII in the latest edition of Best's insurance Guide. �0.7 Original Conif+catas Required. At all times during the term of this Agreement, Franchisee shall maintain on file with the CiWia Finance Dirmtor a certificate or certificates of insurance Said certificate or certificates of insurance shall show that the aforesaid policies are in effect in the required amounts and shall contain each of the endorsements as set forth in Section 10.3. Franchisee shall, prior to commencement of work under this Agreement, file with the City Finance Director the original certificates effecting coverage required by this section of this Agreement. The endorsements are to be signed by the person authorized by that insurer to March 2015 bind coverage on its behalf. The endorsements are to be received and approved by City before , Franchisee commences operation under the terms of this Agreement 10.9 Failure to -Maintain R"uired Insurance. Franchisee agrees that if it fails to keep the aforesaid i isurance policies in full force and of#ect the City may,at its sole option, either(i) immediately terminate this Agreement or, (ii) if insurance is available at a reasonable cost, the City may take out the necessary insurance and pay, at Franchisee's cost and expense, the premium thereon_ ' Section 11. TERMINATION AND SUSPENSION. The City may terminate this Agreement, without cause, by giving the Franchisee thirty(30)days written notices of such termination and the effective date thereof, The City may terminate this Agreement, wilh uause, by giving the Franchisee(10) days written notoe of such termination and the effective date thereof. Cancollation for cause shall be at the discretion of the City and shall be, but is not limited to, failure to supply the materials, equipment or service specified within the time allowed or within the terms, conditions or provisions of this contract. The Franchisee may not cancel this Agreement without prior written consent from the Vernon Chief of Police. Section 12. TEMPORARY SUSPENSION. In addition to termination or suspension as set forth in Section 11, above, the Chief of Police may temporarily suspend any Franchisee without a hearing, whenever the continued operation by the Franchisee would constitute a danger to public health, safety,welfare or pubfic morals, including,without limitation,where there is a failure to maintain the minimum Wale and standards of liability insurance or claims reserve or failure to keep in full foorce and effect any applicable licenses or permits required by federal, state, local law, or regulation. The notice of temporary suspension may be personally delivered to the party named and to the address given on the application pursuant to which such Franchise was issued and to the notice address stated herein, if different,or, mailed by registered or certified mail to the party named at the address given on the application pursuant to which such Franchise was issued and to time notice address stated herein, if different_ Notwithstanding other notice provisions of this Agreement, the temporary suspension is effective upon the earlier of either receipt or the expiration of 3 days from the date of mailing. The notice of temporary suspension shall include a notice of the date and time for termination hearing and all other information required by the Vernon Municipal Code. The temporary suspension shall remain effective until the decision on suspension or termination is made unless the suspension is lifted by written notice of the Chief of Police. Section 13. ACCEPTANCE,WAIVER. Franchisee agrees to be bound by and comply with all the requirements of Chapter 4B and this Agreement. By entering into this Agreement, Franchisee waives, to the maximum extent permitted by law, Franchisee's right to challenge the terms of this Agreement and of Chapter 4B under federal, state or local law, or under administrative regulation, as such laws and regulations exist as of the date of signing of this Agreement. Section 14. GENERAL TERMS AND CONDITIONS. 14.1 INDEPENDENT STATUS. It is understood that in the performance under this Agreement, Franchisee shall be, and is, an independent operator, and is not an agent. March 2015 contractor,or employee of City and shall furnish services in its own manner and method. Further. Frarchisee hat;and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Franchisee in its business operations. Franchlsee shall be so" respor'rsible for, and shag indemnify, defend and save City harmless from all matters relating to the payment of its employees, including compliance with social security, withholding and all other wagers, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever, 14.2 FRANCHISE NOT AGENT. Franchisee and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise. 14.3 WAIVER. The City's waiver of any term, condition, breach or default of this Agreement shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived 14.4 NO ASSIGNMENT. The Franchisee shall not assign or transfer any interest in this Agreement without the express prior written consent and approval of City Council. 14.5 COMPLIANCE WITH LAWS. Franchisee shall comply with all Federal, State, County and City laws, ordinances, resolutions, rules and regulations, which are, as amended from time to time,incorporated herein and applicable to the performance hereof. 14.6 AtiMRNE rS FEES. it any action at law or in equity is brought to enforce or interpret the taffm of this Agreemenl, the prevailing party shall be entitled to reasonable attorneys fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. 14.7 INTERPRETATION. 14.7.1 licable Law. This Agreement, and the rights and duties of the parties hereunder(both procedural and substantive), shall be governed and construed according to the laws of the State of California. 14.7.2 Entire Agreement. This Agreement, including any Exhibits attached hereto and any documents explicitly referenced herein, constitutes the entire agreement and understanding between the parties regarding Its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, ovrrespondence, documentation and agreements (written or oral). 14.7.3 Written Amendment. This Agreement may only be changed by written amendment signed by Franchisee and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Agreement shall be of no force or effect. 14.7A Severebility. if any provision in this Agreement is held by any cuort of compatent jurisdiction to be invalid,illegal,void, or unenforceable, such portion shall be dearrxed severed from this Agreement, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never bee part of this Agreement March 201S 14.7.5 Choice of Forum. The parties hereby agree that this Agreement is to be enforced in accordance with the laws of the State of California, is entered into and is to be performed in the City of Vernon and that all claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum, 14.7.6 Order of Precedence. in case of conflict between the terms of this Agreement and the terms contained in any document attached as an Exhibit or otherwise Incorporated by reference, the order of precedence is as follows: Charter the City of Vernon, the Vernon Municipal Code, the ordinance granting this Franchise. resolutions of the City of Vernon this Agreement, the City's Request for Proposals for Official Police Towing Services, and Franchisee's Response to the City's Request for Proposals for Official Police Towing Services. 14.7.7 Duplicate Originals. There shall be two(2)fully signed copies of this Agreement, each of which shall be deemed an original. 14.8 AUTHORITY OF FRANCHISEE. The Franchisee hereby represents and warrants to the City that the Franchisee has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement, and its execution of this Agreement has been duly authorized. Section 15. ADDITIONAL ASSURANCES. 15.1 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Franchisee certifies and represents that, during the performance of this Agreement, Franchisee and any other parties with whom it may subcontract shalt adhere to equal opportunity employment practices to assure that app�icants and employees are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, marital status. Franchisee further certifies that it wilt not maintain any segregated facilities_ Franchisee further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit"C". 15.2 BUSINESS LICENSES. Franchisee shall obtain, and pay any and all costs associated therewith, any Vernon Business License, which may be required by the Vernon Municipal Code and all permits, and licenses applicable to Franchisee's operations under this Franchise, which are required of Franchisee by any governmental agency, 15.3 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Franchisee's records to the extent the City deems necessary to insure it is receiving ail money to which it is entitled under the Agreement and/or is paying only the amounts to which Franchisee is properly entitled under the Agreement or for other purposes relating to the Agreement. The Franchisee shall maintain and preserve all such records for a period of at least 3 years after termination of the Agreement. The Franchisee shall maintain all such records in the City of Vernon. If not, the Franchisee shall, upon request, promptly deliver the records to the City of Vernon or reimburse March 2015 the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City)expenses for personal, salaries, private auditors, travel, lodging, meals and overhead. 15.4 CONFLICT. Franchisee hereby represents warrants and certifies that no member,officer or employee of the Franchisee is a director, officer or employee of the City of Vernon, or a member of any of its boards, commissions or committees,except to the extent permitted by law. Section 16. LIVING WAGES. Franchisee, and any subcontractor(s), shall comply with the City's Living Wage Ordinance. The current living Wage Standards are set forth in Exhibit`D'. Upon the City's request certified payroll records shalt promptly be prcMded to the City. Section 17. NOTICES. Except as otherwise provided in this Agreement, all notices required by this Agreement or by Chapter Q of the Vernon Municipal Code shall be given by personal service or by deposit in the United States mail, postage pre-paid and return receipt requested, addressed to the parties as follows- To City: Chief of Police Vernon Police Department 4305 Santa Fe Avenue Vernon, CA 90058 Copies to: Director of Finance City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Franchisee: Notice shall be deemed effective on the date personally served or, if mailed, three days the date deposited in the mail. (Signatures Begin on Next Page]_ March 2015 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date set forth below. City of Vernon, a Califomla charter City [FRANCHISEE'S NAME, a [State and California municipal corporation incorporated in]corporation DATED: DATED: By: 5y, Mayor!Mayor Pro-Tem Name: Title: ATTEST: By: Name: Maria E.Ayala, City Clerk Title.- APPROVED AS TO FORM: Hema Patel, City Attorney March 2015 EXHIBIT A REQUEST FOR PROPOSALS March 2015 EXHIBIT B FRANCHISEE'S PROPOSAL March 2015 EXHIBIT C THE 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 cerfiriies 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. March 20I5 EXHIBIT D LIVING WAGE PROVISIONS Minimum Living Wanes: 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 Linp i4 Dayj 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- March 2015 EXHIBIT B EXHIBIT B FRANCHISEE'S PROPOSAL - 15 - orncv_saa�¢ ,sort 13 FRANCHISE TOW FEE PROGRAM PROPOSAL Made To The City of Vernon Police Department 4305 Santa Fe Avenue Vernon, CA 90058 Made By U.S. Tow,Inc. 2119 East 25"' Street Los Angeles, CA 90058 TIC�+LP%KrE =i�� 1✓. _:lf7 S :eel, k LoSAiig,F Ies_ CA 900`8 i�4!'. I_. _ -i`2_ I{I�} �EN 1, '=i_1.I_tirt 54?7E April 16, 2015 City of Vernon Police Department Attention: Captain Michael Gillman 4305 Santa Fe Avenue Vernon, CA 90058 RE: FRANCHISE TOW FEE PROGRAM Dear Captain Gillman: U-S. Tow, Inc. is pleased to submit this proposal to provide a Franchise Tow Fee Program for the City of Vernon Police Department. Competitive Position U.S. Tow, Inc. originated in 1983. The firm has served the Los Angeles Police Department as the Official Police Garage for the Newton Division since 2004. It additionally serves other governmental entities including the City of Los Angeles Department of Transportation, the California Highway Patrol,the Los Angeles County Sheriffs Department, the City of Los Angeles Housing Authority,the University of Southern California Department of Public Safety and the City of Los Angeles School Police Department. Experience/Management U.S. Tow, Inc. was acquired by Moshe Ben Dayan in 2013. Mr. Ben Dayan assumed the ownership of U.S. Tow with a wealth of previous towing experience. He founded and has operated Classic Tow, Inc. dba Tip Top Tow Service at the same location in Santa Monica for more than 25 years. Tip Top Tow Service is an Official Police Contractor for the Cities of Santa Monica and Beverly Hills. It additionally has long-standing contracts with a number of other governmental entities. -1- City of Vernon Police Department April 16, 2015 Page Two of Three Employees The major management staff of U.S. Tow has an average of 15 years of experience in the towing industry. This staff has operated the Newton Division OPG and the other elements of the firm's business with professionalism and integrity and it stands ready to provide excellent service to the City of Vernon Police Department. Additionally,the hiring and training procedures utilized by U.S. Tow are stringent, and we consider it our utmost responsibility to continue to enforce these procedures in the future. Site U.S. Tow has the distinct advantage of having an existing site located at 2119 Fast 25' Street, Los Angeles, which meets all current zoning regulations. This site is located directly across 25'h Street from the northern boundary of the City of Vernon,thereby providing us with immediate access to Vernon. U.S. Tow has a facility which provides a modern, clean, safe, professional environment. The U.S. Tow site consists of approximately 4.0 acres of screened, secured, lighted, signed and cemented area for the impounding and storage of vehicles and approximately 12,600 square feet of enclosed building area for evidence hold, ancillary storage, administration and lien sale auction of vehicles. Tow Vehicles In an effort to serve all of our clients in a timely and effective manner, we are continuously mindful with respect to maintaining a strong, contemporary fleet of tow vehicles. U.S. Tow has a fleet of eight units including five flatbeds and three wheel- lift/standard duty trucks. We additionally have three heavy duty trucks and one heavy duty trailer. This fleet, which we continuously service and upgrade, will allow us to maintain call times well under the 20-minute requirement of the City of Vernon Police Department. Customer Service The employees of U.S. Tow are trained to develop awareness of customer problems, to establish empathy for customers, to understand and adapt to the diverse ethnicities and cultures of customers and to treat customers with respect and their vehicles and personal belongings with professionalism. Each one of us at U.S. Tow understands that difficult situations arise and our"team" philosophy of operation allows us to proactively handle these situations before they become problematic. -ii- City of Vernon Police Department April 16, 2015 Page Three of Three Management Moshe Ben Dayan, the President/CEO of U.S. Tow, has been actively involved in the tow industry since 1989 at which time he established Classic Tow, Inc. dba Tip Top Tow Service which he has operated continuously in Santa Monica since that time. It is significant that Mr. Ben Dayan made the operation of Tip Top Tow Service his one and only business commitment until his purchase of U.S. Tow in 2013. Authorized Contact The person authorized to represent U.S. Tow in negotiations with the City of Vernon Police Department is Moshe Ben Dayan,President/CEO, U.S_ Tow, Inc. Mr. Ben Dayan additionally is authorized to execute the agreement with the City of Vernon on behalf of U.S. Tow and is the contact point for any questions or concerns relative to this Proposal. This Proposal will remain valid for a period of not less than ninety (90) days from the submittal date of April 16, 2015. Legal Business Status U.S. Tow, Inc. is an"S" corporation, Federal Tax ID490-1014831. The corporation was founded in 1983. Moshe Ben Dayan is President/CEO of the corporation and Stephanie McColgan is Vice President and Secretary/Treasurer of the corporation. The address of U.S. Tow, Inc. is 2119 East 25b Street,Los Angeles, CA 90058; the telephone number is (323) 870-7100; the FAX number is (213) 749-0272, and the e-mail address is moshe@ustow.com. U.S. Tow currently meets all Federal, State and City requirements and there are no changes necessary or requirements unmet for us to operate the Franchise Tow Fee Program for the City of Vernon Police Department. Our site is operative, our office functional, our required insurances in place and our economic viability and professional commitment unwavering. We would very much like to be selected to work with you. Thfa consideration of U.S. Tow for this contract. V e Stephanie McColgan President/CEO Vice President and Secretary/Treasurer -iii- INTRODUCTION U.S. Tow, Inc. has served as the Official Police Garage for the Newton Division of the Los Angeles Police Department for the past 10 years. In this capacity, we have been responsible for towing and storage services for the LAPD,the Department of Transportation,the Los Angeles Unified School District and other City of Los Angeles Departments. During those years, we have developed strong and impeccable guidelines for the conduct of our business. We also have developed strong ties to the community which surrounds our facility and of which we consider ourselves a part. If selected to become the Franchise Tow Fee Program Contractor for the City of Vernon Police Department, we would view ourselves as having a specific contractual obligation to Vernon and it is twofold: (1) every single day of the year and every single hour of each of those days we must provide an organized, timely response to the officers of the Vernon Police Department to pick up and tow vehicles and there can be no lapse in this performance; and(2) at the time that a vehicle is released to its owner, we must provide careful, courteous, empathetic service throughout the release. We must additionally create accurate and complete paperwork as part of this entire process. For those vehicles that are not released and must instead flow through the lien process, a completely different set of rules governs. This process also requires stringent controls and strict compliance with the law. We will be dedicated to providing service to the City of Vernon while, at the same time, maintaining strong standards of quality and safety for our customers—just as we currently do for the LAPD. U. S. Tow has through the years of its operation developed strong training processes for every one of our staff persons. We consider these to be the core of our association with the LAPD,DOT, other City agencies as well as our private clients. We continuously leave no detail of our employee training to chance, making every effort to provide our staff with training that is comprehensive and meaningful. As a result, we are able to keep customer complaints to a minimum. U.S- Tow has always supported involvement in the community in which we work. However, since his acquisition of the business in 2013,Moshe Ben Dayan has made a particular effort to increase the community involvement of the firm. Mr. Ben Dayan understands that investment in the community in which he works represents an investment in U.S. Tow itself. As you evaluate us, we want you to understand that we at U_S. Tow will work very hard every day to provide the very best service to the City of Vernon,the members of Vernon's Police Force and the customers of our firm. Moshe Ben Dayan has had a sterling record of performance at his Classic Tow, Inc. dba Tip Top Tow Service for 25 years as his references and contracts will attest. We bring to this submission our 1 mrrensfve past OYCr exp jience,j&. Ben 1Dayaz's expertise and the professional gaa1ificatLs and dedio2cdon of our staff- We do not require a site; we have 013t,Are do not require a functiauing office Y it all ❑f the latest€=Pater and security e4ipmeat; We have it. We do not require tow equipment;we have the best, We understand that the bequest For Proposal I'or the ietd g of the Franchise Toter Fey Program cA)nract is competitive,but we ask that you consider our past opera enc with thy LAP-0, =long- term operation and stgying power. our relationship v4ith the comrnuniiy and ou commitment to strong performance at all times and in all circ races. VEHICLE IMPOUND INFORMATION CENTER The future of towing management is happening today at U-S. Tow,Inc. with our Vehicle Impound Information Center(VIIC). ()Ltr V1IC features were developed by us with the help of law enforcement and have been customized to meet the needs of our customers' The system is not an off-of-the-shelf product; mthc`it is a sygem designed to assist us and our law enforcement clients to oversee towing and impound operaaous WBe- pwviding accountability and oversjght. The web--based systanr,which provides in_forrna6on reprding impounded vchicics, has been primarily designed to be used by mutlicipalitles, but also contains a Area public search element design dEsigntd for use by the general public. VIIC REPORTS The VI1C system provides our law enforcement customers with real-time reconciliation and auditing of r4mitted fees through a compt:ter system that cannot be altered. This system provides vL-ry readable PDF reports or reports that can be downloaded into a CSV file for the De.partment's use in daily oversight. VIIC system features include: • Detailed monthly activity reports which show all impound and storage activity; • Vehicle reports which show vehicle date in and date out; • Vehicles by "hold"status; • Gross revenue remittance reports; and • Vehicle release fee remittance reports. LAW ENFORCEMENT ACCESS AND Y NFORMATION The VIIC system allows authorized personnel to quickly and accurately track vehicles, thus ensuring the proper collection of fees for towed and impounded vehicles. Through secured Internet access littp://www.ol)glaviic.com or by stand-alone computers located within authorized law enforcement facilities,users can obtain immediate access to information pertaining to impounded vehicles 24 hours per day 7 days per week. This information consists of several components including vehicle inventories by vehicle make,license plate,VIN and original location of the impound. PUBLIC ACCESS AND INFORMATION Although the information available to law enforcement agencies is more comprehensive that that available to the general public,the VIIC system also provides the public with valuable real-tinge information which facilitates the location of impounded vehicles. With the VIIC system,the public can determine the location of vehicles through Internet access. Required search information includes the license plate number and VIN. Once the vehicle is located,the VIIC system provides the U.S.Tow name and address, directions to our facility, release hours, fees incurred and a simple matrix by which fees can be calculated. 2 GENERAL SCOPE OF WORK/ WORK PLAN FACELITY U.S. Tow's facility is a point of great pride for its owner and management. Our facility consists of state-of-the-art construction and contains clean, well organized, modern evidence hold, ancillary storage, dispatch and office space. It is situated on a fully concreted lot which is meticulously maintained. We pride ourselves on the image that is conveyed to the governmental agencies with which we are involved, the public that we serve and the surrounding community and this image is carefully monitored. Our location complies with all City of Los Angeles zoning requirements for a towing operation and auto park, with a zoning designation of M3-1, and no Conditional Use Permit is required. We believe that U.S. Tow sets the bar for the way in which a towing operation facility should appear. Our property contains 174,240 square feet(4.0 acres) with aluminum and steel fencing which is eight feet in height and is topped with concertina wire. The yard has concrete flooring and contains capacity for 750 vehicles. Because of this large capacity, we are able to store impounded vehicles for as long as is deemed necessary by the Police agency involved. The yard is very well lighted and there are 50 cameras providing 24-hour video surveillance(archived for a minimum of 180 days). Our storage yard is immediately adjacent to our business office and is attended at all times by our staff members. U.S. Tow has personnel on-site 24 hours per day 365 days per year and we are open to the public between 7:00 a.m. and 7:00 p.m. seven days per week 365 days per year. We are also always available to accommodate special City events. Our property has been leased to U.S. Tow on a long-term basis. Our property lease was renegotiated shortly after Moshe Ben Dayan acquired the company in 2013. The initial lease term is for five years and runs from September, 2013 to September, 2018. Following that period, we have two options of five years each, with the lease ultimately terminating in 2028. Administrative Facility Our facility contains approximately 12,600 total square feet of building area and houses four separate personnel offices, dispatch, accounting, a filing room for auction records and other files, a lien sale area, an IT area, a classroom/break room for company and community use, an Evidence Hold Area and ancillary storage space. Evidence Hold Area This 2,600-square-foot secure area has 24-hour surveillance and limited access with specific rules for entering and exiting. It is equipped with two roll-up doors for 3 unobstructed access and has a capacity of 10 vehicles. There is an additional secondary Evidence Hold Area which is protected by one metal roll-up door and a bullet proof ballistic glass pedestrian door as well as an evidence property room. Our Evidence Hold Area has a specifically designated inspection area which is accessible only to designated U.S. Tow personnel and Police officials. Indoor Workshop Our facility has an indoor workshop for the storage of heavy equipment. Our facility additionally contains one four-post hydraulic lift, two air compressors,three propane forklifts, one tire changing machine and one digital scope camera. Physical Location The facility of U.S. Tow is located at 2119 East 25`! Street, directly across 25�' Street from the northern boundary of the City of Vernon. TOW EQUIPMENT The staff and management of U.S. Tow, Inc. have many combined years of experience with various types of tow equipment. This experience has resulted in the knowledge that deploying the correct equipment is critical to the efficiency and success of Official Police Tow operation. All of our tow equipment is equipped as provided in the California Vehicle Code. Another very important element for our operation is that our tow drivers have the best and most appropriate equipment to complete tasks in a damage free and expeditious manner. The area in which we are located has a diverse impound environment. Vehicles often are stripped of major components such as wheels, engines and body panels and sometimes are burned and/or wrecked. At the other end of the spectrum, we handle custom and high value vehicles. Our equipment, including flatbeds and wheel- lift/standard duty trucks as well as heavy duty equipment including trucks and a trailer, is engineered to accommodate these diverse situations in a timely and efficient manner. Our wheel-lift/standard duty trucks have been engineered and manufactured to be efficient and fast, thereby providing for the immediate removal of vehicles from major thoroughfares. With these trucks, peak hour tow away zones can be cleared expeditiously to relieve traffic congestion and provide the public with clear paths to their destinations during heavy traffic periods while allowing City personnel to respond to other duties without unnecessary delays. With the utilization of experienced and trained personnel, an impounded vehicle can be removed in just minutes by a wheel-lift/standard duty truck. Wheel-lifts additionally provide damage free towing by lifting vehicles by 4 only their tires. Body panels, front ends, bumpers and under carriages are not touched by the towing unit, thereby ensuring damage free handling of towed vehicles. Wheel- lift/standard duty trucks also allow efficient towing from parking garages and towing from off-road areas. Our flatbed carriers have been selected to provide efficient and damage free vehicle removal and transport. Vehicles with extensive damage, missing wheels or which are heavily burned are suited for removal by flatbed. Flatbeds also are well suited to hybrid, electric, exotic and custom vehicles. In addition, bulk items such as cargo from damaged vehicles, large or heavy vehicle components from"chop shops,"motorcycles or stolen vehicles can be safely loaded onto flatbeds to provide damage free transport with minimal loading time. Flatbed carriers also provide the capability to transport two vehicles at the same time,thus allowing us to respond quickly and efficiently when requests for service are made in proximate geographic locations or when requests are made in a narrow time frame. Our choice of Kenworth and Hino chasses is based upon their capability to handle two vehicles at once and/or to transport heavy and/or oddly shaped cargo safely. Our heavy duty trucks, with their adjustable booms and five-ton lifting capacity, and our heavy duty trailer are available for the heaviest requirements, including the towing of large and oversized vehicles, and again attest to our well- rounded, complete towing capability. Our drivers are highly trained to operate all of our tow units. In particular, flatbed units require highly skilled drivers with a thorough knowledge of the machinery involved. They also are trained to unlock locked vehicles, a frequent request from our Police clients. Our staff is trained to operate units with the priority of safety to themselves and to the public they serve. Continuing education enhances their knowledge base and ability to perform the tasks involved. If selected to be the Official Police Tow for the City of Vernon Police Department, we will immediately file with the Department the name, address, date of birth, driver's license number and all other information required relative to each of our drivers. We will also notify the Department of any driver no longer employed by us as well as the identity of any driver whose license is suspended. Our training procedures are in writing and a copy will be provided to the Vernon Police Department. U.S. Tow, Inc. also is a member in good standing of the California Department of Motor Vehicles Pull Program. Within our facility,the use of forklifts with special attachments provide efficient and damage free vehicle movement and/or vehicle release. Our forklifts are powered by liquid propane, providing low emission levels and reduced carbon monoxide release. U.S. Tow constantly monitors trends in tow equipment, vehicle impounds and safety practices. It is through this due diligence that we are able to provide our clients and the motoring public with the highest level of safety and service. 5 U.S. Tow has a total of 11 tow units, including three wheel-lifts, five flatbeds,two wreckers and one tractor. We also have one trailer. In addition, U.S. Tow has access to the 23 trucks of Tip Top Tow Service in case of a large emergency operation or a disaster operation. A listing of the tow units of U.S. Tow is provided on the following page. TWO-WAY RADIO COMMUNICATION EQUIPMENT U.S. Tow, Inc. uses Kenwood hardware for its two-way radio system. The system employs mountain-top repeaters to maximize coverage area and provide reliable, quality communication,thus enabling instant access to our fleet and personnel_ Our two-way radio communication equipment also sends and receives Police tow requests between dispatch and our tow units on a first priority basis. Through its use, all of our clients benefit from faster service, increased efficiency, quick schedule or task changing and higher productivity. DISPATCH COMPONENTS U.S. Tow, Inc. utilizes an efficient dispatch system which features three components— proper tools, adequate staffing and management oversight. Our use of vehicle tracking and computerized dispatch is integrated to maintain the highest level of service. Our system includes time stamping of all requests received as well as notation of the exact time the request is assigned to a tow unit, the time the tow unit arrives at the scene of the request and the time that the tow unit returns to the U.S. Tow facility. Our system also assigns a number to each tow request for tracking purposes. Our dispatch terminals are dedicated to the function of dispatch only. Our radio communications equipment sends and receives Police tow requests between dispatch and the tow units on a"first priority" basis. The dispatchers of U.S. Tow are trained in the effective use of radio equipment in order to maximize efficiency. The dispatch office is equipped with a telephone system capable of receiving tow requests on a "first priority"basis and dedicated telephone lines ensure "first priority"to "Police" calls. Dispatch is a dedicated function on a 24-hour per day, seven-day per week, 365-day per year basis. Dispatchers are available to release vehicles seven days per week between 7 a.m. and 7 p.m. and for a minimum period of four hours after any special event_ Every member of our office staff is cross-trained in order to provide an excellent service standard in the execution of dispatch duties. INFORMATION TECHNOLOGY KNOWLEDGE The computer system utilized by U.S. Tow is the Impound Management System/Information Management System (IMS). It is used for both dispatch and accounting. The program utilizes functions which provide dispatch, vehicle inventory 6 TOW UNITS U.S. Tow,Inc. owns 11 tow wets and one trailer, as follows: Weight ' Unit Type Year Make Obs) VIN 11 Wheel-lift 2009 Dodge 19,000 5500 15 Flatbed 2010 Hino 258 25,500 19 Flatbed 2005 Kenworth 26,000 T-300 22 Wheel-lift 2005 Ford F-550 19,000 26 Flatbed 2006 Kenworth 26,000 T-300 27 Flatbed 2006 Kenworth 26,000 T-300 1 Wheel-lift 2013 Chevy 15,000 1 350014D 20 Flatbed 2015 Peterbilt 26,000 25 Wrecker 2014 Peterbilt 54,000 16 Wrecker 2015 Kenworth 35,000 80 Tractor 2007 Freightliner 80,000 81 TrailerL2fl�51� Landoll 97,000 7 search, property removal with receipt, inspection of a vehicle with receipt, evidentiary hold area search and auditing, lien processing including the removal of liened vehicles, VIN verification of make and model, cash on delivery options and private property impound tracking. Not all employees are granted access to sensitive information contained in the tow program. Only management and ownership can access all records pertaining to any particular vehicle. Any changes made in the computer record concerning a vehicle are tracked through an exception report. The exception report is checked every morning by management to ensure that no unauthorized changes have been made to any computer record. The programs also have a fleet function by which U.S. Tow can maintain fleet data as well as an accounting function for maintenance of accounts payable and accounts receivable. IMS also has reporting functions that allow us to keep daily, weekly and monthly internal reports. Our accounting department additionally uses Quickbooks to maintain a checks and balances system for all accounts. Quickbooks provides U.S. Tow with a controlled method by which to track accounts, print statements and maintain a ledger for monies that flow in and out of the company. Quickbooks Pro is used to pay bills, record payroll, reconcile cash and keep track of vendor and employee ledgers and advances. A daily back-up of our computer system is completed and stored at a remote location. An outside firm monitors this back-up on a daily basis. We additionally have software support readily available for our tow program. All files are backed up several times per day and we have a working generator in case of a significant power failure. Our computer system, software and tow program are set up to generate franchise fees (which are placed in a separate account)and impound information and the safeguards are in place to monitor these functions at all times. If U.S. Tow is selected by the City of Vernon Police Department to be its Official Police Tow, Police personnel will be assigned a user name and password which will allow them access to this system on a 24/7 basis. As such, Police personnel will be able to electronically view all documents as well as to scan and print the documents and thereby have a physical copy. Our dispatch, tow lot management, impound and franchise fee software has a long history of use within U.S. Tow. Our hardware has been carefully selected to provide both reliability and ease of use. Computer work stations, servers, telecommunications and video surveillance (the Kantech System) have been chosen and implemented to provide the highest levels of security, accuracy; accountability and service. 8 MONTHLY REPORTS If selected to be the Official Police Tow for the City of Vernon Police Department,U.S. Tow will submit a monthly report to the Chief of Police and Finance Director which, as per the City of Vernon requirement, includes the following: `Total Police Impounds. *Number of times dispatched by the Vernon Police Department. *Number of calls resulting in impounds. *Number of vehicles sold on lien sale under authority of Section 3072 Civil Code and reporting said lien sales as per authority of Section 22705 CVC. `Number of vehicles sold under authority of Section 3073 Civil Code. *Names and addresses of buyers and description of vehicles when sold. *Number of calls answered in which time beyond one hour was required. EVIDENCE HOLD VEHICLES U.S- Tow, Inc. has 10 years of experience as an OPG for the City of Los Angeles Police Department and thus of dealing with vehicles and vehicle-related components that are on "hold" for evidence or require processing by a crime lab unit. Moshe Ben Dayan,the owner of U.S. Tow, has 25 years of experience in the handling of evidentiary holds and maintaining the integrity of the"chain of custody" in conjunction with his other public agency towing operations through his firm Classic Tow, Inc. dba Tip Top Tow Service. All of our personnel are acutely aware of the importance of handling vehicles with evidence holds. A set of specific steps are consistently employed in order to ensure that vehicles are not mishandled and that the "chain of custody" is maintained at all times. All of our personnel receive training on how to deal with vehicles from the moment a call is generated until the final disposition of the vehicle occurs. • Dispatchers advise drivers of a request for service for a vehicle that requires special handling due to evidence or criminal lab processing. • Drivers request from the impounding officer or the officer in charge at the scene of the impound whether any special handling is required so as not to touch surfaces of a vehicle, not to enter a vehicle,not to disturb possible material under or on a vehicle or any other special requests dealing with the handling of the vehicle. • Once evidence hold vehicles arrive at the storage yard, drivers sign the Evidence Log Book noting the time, date,year,make, model, color, VIN, license and names of any persons who will enter the Evidence Fold Area in conjunction with the vehicle. 9 • Following placement of a vehicle or components of a vehicle within the Evidence Hold Area and the securing of the Hold Area, drivers return to the office to notate the date and time of completion of the vehicle and/or vehicle components placement. • Drivers receive instruction on the handling of vehicles utilizing our equipment so that the vehicle can be transported without disturbing fingerprints and/or other physical evidence contained on or inside it_ As vehicles arrive at our location,they are entered into our vehicle inventory database and the Evidence Log Book. In order to verify the time of entry, U.S. Tow utilizes a time stamp along with the manual entry in the Evidence Log Book. Within the vehicle database, a special "hold" is placed and this creates a flag which must be specifically acknowledged prior to any change such as an authorized release by the agency placing the original hold on the vehicle_ Often vehicles get released from"hold" status prior to the release of the vehicle to the owner or interested party. Vehicles that are released from a"hold" status prior to removal by the owner or interested parry have specific notes entered in the vehicle database as well as the agency, name, ID, date and time that the vehicle's "hold" status was removed. Associated paperwork is additionally attached to the vehicle record(CHP 180). Once the vehicle has had the"hold"released, it is removed from the Evidence Hold Area and placed in the general vehicle inventory. U.S. Tow has a segregated, completely enclosed evidence warehouse with a storage capacity of a minimum of 10 evidentiary/criminalistic hold vehicles. U.S. Tow also maintains an area that can be converted to a temporary secure hold area in the event of a large scale crime involving many vehicles or bulk items_ A minimum of six additional vehicles can be secured in this area. Evidence Hold Area entry is limited to OPG employees and concerned law enforcement officials and video surveillance is used to enhance the security of vehicles within the Evidence Hold Area_ An electronic record of the person, time, date and duration of access is maintained. This is accomplished through entry system technology which features a magnetic lock system with unique entry key fob assigned only to management. The supplier of our entry control and electronic entry and exit recordkeeping is Kantech. The Kantech system features electronic recording and physical hardware that is secure and that provides access limited to management in order to ensure that the"chain of custody" is not compromised. All entries are also noted in the Evidence Log Book. The elements of recording and recordkeeping of entry to our Evidence Hold Area allow management and law enforcement to validate all access. The area has large, clear posting prohibiting entry. The Evidence Hold Area features ample lighting to aid detectives and/or evidence technicians in the processing of vehicles. U.S. Tow also has a vehicle lift available on-site to aid investigators. Through all of these mechanisms, we ensure that only vehicles or vehicle parts that are held for evidence or criminalistic hold are stored within the Evidence Hold Area. 10 With respect to the City of Vernon Police Department, if U.S. Tow is selected as the Official Police Tow, notification will be provided by U.S. Tow to the Police Captain or his/her designee of vehicles with a"hold"that are stored in excess of 72 hours. Asper the City of Vernon Police Department requirement, "holds"will expire 10 calendar days after the date of a tow unless otherwise extended by a Police Department employee. LIEN SALE EXPERIENCE U.S. Tow, Inc. files for vehicle liens following California Civil Code Sections 3068.1, 3071, 3072 and 3074. Ultimately,not all liens started end in disposal through public auction. Many vehicles are redeemed by registered owners, legal owners or authorized interested parties, thus accomplishing the intended purpose of notification followed by redemption. In the event that a vehicle is not redeemed, a sale is conducted to satisfy the outstanding lien and avoid the stockpiling of vehicles. Vehicle disposal through public auction has been performed for more than 10 years by U.S. Tow and more than 20 years by Moshe Ben Dayan via other towing operations that he owns and operates. U.S. Tow sells vehicles in a fair and impartial manner to the highest bidder. Our sale list is posted in public view at our facility a minimum of 10 days prior to the sale date, and vehicles are available for inspection one-and one-half hours prior to the sale time on the sale date. We continually strive to improve levels of customer service to members of the public who attend our weekly auto auctions. U.S. Tow is bound by California Civil Codes relating to the disposal of impounded vehicles. U.S. Tow also stringently follows the fee structure outlined in the California Civil Codes that pertain to the processing of vehicle liens. If selected to be the Official Police Tow for the City of Vernon Police Department, U.S. Tow will supply a list of vehicles on a monthly basis that we intend to lien sale prior to actual sale for approval by the Department. We will additionally review any other elements of our lien sale operation requested by the Department. CUSTOMER SERVICE U.S. Tow takes extreme pride in its exceptional customer service. The impound process is by its very nature a stress producing experience and we attempt in every possible way to expedite the process and make it as comfortable as possible. Registered owners redeeming vehicles can expect to deal with employees who are well trained, courteous and professional and with a facility which is clean,modern and secure and which provides them with comfort in the event that they need to wait for appropriate paperwork, acceptable form of payment or a towing service for a disabled vehicle in order to complete the release process. U.S. Tow completely understands the responsibility for the proper release of vehicles to parties who have a legal right to take possession and we take all necessary precautions through established procedures throughout the release process. Our personnel are trained to verify that a proper release has been issued by us or by the 11 relevant governmental impounding agency prior to the release of vehicles that have either, a statutory or evidence hold. A dedicated computer system is available to check the "scofflaw" status of vehicles prior to their release_ Personal property is released to identified, authorized persons and is inventoried and notated on the vehicle record. Our staff also is trained to answer general questions regarding the disposition of vehicles and lien sale auction information. Computer equipment with access to our vehicle inventory software is available to handle high-volume release situations. COMMUNITY SUPPORT AND INVOLVEMENT U.S_ Tow understands the importance of support of and involvement in the local community. Even though we are physically located in an industrialized portion of the City of Los Angeles, we are well aware that there is a significant community of residents surrounding our site. As such, it has been our continuing philosophy of operation to identify and support portions of the community and community projects in need of financial sponsorship and the donation of other assets. We additionally have a well appointed classroom/break room at our facility which we offer for community use. 12 U.S. TOW, INC. TOW RATES/FEES _ Towing —Storage Light Duty I $148.00 $43.00 (under 10,000 GVWR) Motorcycle $148.00 $20.00 ' I Medium Duty $250.00 $55.00 Heavy Duty $300.00 $65.00 Low Soy - - $300.00 $65.00 Super Heavy Duty/ $475.00 $65.00 Wrecker Forklift $ 95.00 (per hour) _ Service Call i $74.00 Bulk Item I $12.00 (ner nallet/ner dav) • Towingirecovery work/transport is assessed portal to portal. There is no fee variation for night tows. • Storage/impoundment rates are the same for day and night. Our release hours are 7:00 a-m. T 7:00 p.m. and there are no after hours releases. • Towing rates are subject to 30-minute increase increments after the first hour. • Storage for less than 24 hours is charged as one day. After 24 hours, storage is charged per calendar day. • Service calls are based on a one-half hourly tow rate. • Vehicles not redeemed within 72 hours are subject to lien sale/notice fees of $70.00 - $100.00. • All City vehicle tows within 30 miles are free. • All City vehicle tire changes within 30 miles are free. • All towing and storage rates are the average of those charged to the Los Angeles Police Department,the California Highway Patrol and the Los Angeles County Sherifr s Department. * U.S. Tow, Inc. is open to negotiating the fi ' ran . with the City of Vernon. However, we are asking f4llee of 7% of gross receipts which is the amount that we currently charge LAPD_ 13 ABILITY OF U.S. TOW, INC. TO PERFORM TITE NECESSARY FUNCTIONS U.S. Tow, Inc_ was originally founded as a California"S"corporation in 1983. The company was purchased by Moshe Ben Dayan in 2013. Mr. Ben Dayan is the sole Owner/President/CEO and owns 100% of the corporation. U.S. Tow,Inc. has its only location at 2119 East 25`b Street, Los Angeles, CA 90058. The firm has a total of 19 employees. STATE AND CITY LICENSES U.S. Tow, Inc. is licensed to operate in the State of California and the City of Los Angeles. Our licenses include City of Los Angeles Parking Occupancy Tax M; City of Los Angeles Professions/Occupations; City of Los Angeles Police Commission Permit for Towing Operation; City of Los Angeles Police Commission Permit for Master Auto Park; City of Los Angeles Police Commission Permit for Auto Park; and State of California Department of Motor Vehicles Motor Carrier Permit. EXPERIENCE OPERATING A COMPLEX BUSINESS As stated above, Moshe Ben Dayan purchased U.S. Tow, Inc. in 2013. Mr. Ben Dayan came to the purchase with a strong understanding of the highly regulated and complex operations of an Official Police Garage/Police Tow. Since his purchase of U.S. Tow,Mr. Ben Dayan has been working to improve the already strong operations and level of service of U.S. Tow's Newton Division OPG. Based upon commendations that he has received from members of the Los Angeles Police Department, he appears to be succeeding. In addition to U.S. Tow,Mr. Ben Dayan owns and operates Classic Tow, Inc. dba Tip Top Tow Service. He founded and has owned and operated this company since 1989 and it has been his full-time and only business involvement until his purchase of U.S. Tow. Tip Top Tow Service is the Official Police Tow for both the Cities of Santa Monica and Beverly Hills. The firm has worked in this capacity for Santa Monica since 1993 and for Beverly Hills since 2012. Service to these entities is highly regulated and involves impounding of vehicles including owner requests, statutory holds and evidence holds as well as the roadside servicing of City-owned vehicles and traffic accident assistance. Mr. Ben Dayan has additionally participated in the California Highway Patrol's (CHP) rotation Tow Service Agreement(TSA) since 1992, providing general towing and impound and storage services. Additionally, Mr. Ben Dayan is a Freeway Service Patrol provider for the Los Angeles County Metropolitan Transportation Authority(LACMTA), providing freeway roadside services to stranded motorists since 2005. The contracts let 14 by this Agency are highly regulated with scheduled and random inspections of tow truck units and facilities conducted by LACMTA itself as well as by the State of California Department of Transportation(Caltrans) and a special unit of the CHP known as"David Units." The level of regulation imposed by the CHP's David Units is unequaled in the towing industry, with strict enforcement of rules and regulations as well as of drivers and trucks in the field through monitoring by GPS, Caltrans and the CHP itself. The contracts of LACMTA mandate that detail be paid and rules adhered to relative to a multitude of policies and procedures and that standards be strictly enforced. Moshe Ben Dayan and Tip Top Tow Service have never had a contract fail to renew due to substandard service or violation of any rules and/or regulations. The successful operation of a tow business is complex, with many areas of responsibility. We are responsible 24 hours per day 365 days per year for dealing with the vehicles and personal possessions of many people, some of whom are angry about having been towed in the first place, distraught over damage to their vehicle or who are dealing with the consequences of having a family member or friend injured in an automobile accident. We are responsible 24 hours per day 365 days per year for dealing with law enforcement and the complexities of evidentiary holds, constantly being attentive to the issues involved in the potential contamination of important evidence. We are responsible for conducting lien sales with careful attention to the legalities of this procedure such that we do not err either on our own part or for the interests of the customer. We are responsible to our employees for the creation of a work environment that is comfortable, clean and conducive to minimizing the stress of a business which requires proficiency in taking calls, dispatching drivers accurately and quickly and performing tow services in an efficient, orderly and courteous manner. We are responsible to the many vendors with whom we do business including insurance providers and equipment and parts providers and we must be vigilant at all times regarding the licenses and permits that we hold. And, we are responsible to the community to maintain a top-notch facility which is environmentally conscious with minimal noise and pollution and to participate in community events and sponsorships. CAPABILITY AND EXPERIENCE OF KEY PERSONNEL MANAGEMENT Moshe Ben Dayan, President/CEO. Moshe Ben Dayan is a true"pro' within the tow industry. His first involvement with the industry was in 1989 when he founded Tip Top Tow Service in Santa Monica with one truck. Since that start, he has built Tip Top Tow Service into a strong, successful corporation now known as Classic Tow, Inc., dba Tip Top Tow Service. Tip Top Tow Service has a facility in Santa Monica wholly owned by Mr. Ben Dayan, 19 trucks and 23 employees. Among numerous governmental and private affiliations are Official Police Tow contracts with the Cities of Santa Monica and 15 Beverly Hills, Freeway Service Patrol contracts with the Los Angeles County Metropolitan Transportation Authority and service contracts with the Los Angeles County Sheriffs Department,the California Highway Patrol, the U.S. Postal Service and the Federal Bureau of Investigation. Mr. Ben Dayan purchased U.S. Tow, Inc. in 2013 and through this entity is the Official Police Garage for the Newton Division of the Los Angeles Police Department. U.S. Tow additionally provides service to the Los Angeles County Sheriff's Department and the California Highway Patrol among others. Mr. Ben Dayan's specific responsibilities at U.S. Tow include overall management of all operations including financial operations; company policy including contract procurement and compliance; project staffing; customer relations, community relations, and equipment/facility procurement and operations. The resume of Mr. Ben Dayan is included as an attachment to this Proposal. INTERNAL STAFF Mohammed Jaweed, CFO. Mohammed Jaweed has had a wealth of experience as Controller for several major companies_ He is extremely skilled in financial, accounting and bookkeeping functions. With a more than 25-year background in financial reporting of all kinds, he brings to U.S. Tow the ability to review the daily activities of the Newton Division OPG including monitoring of vehicle release fees, gross receipts fees, collections and business license fees. He is additionally skilled in the monitoring of auditors and insurance companies to maintain our liability and Worker's Compensation insurances and to manage all internal and external payroll reporting. Mr. Jaweed worked as an external/outsource resource for Mr. Ben Dayan for more than 20 years prior to his employment at U.S. Tow. The resume of Mr. Jaweed is included as an attachment to this Proposal. Richard L. Kettering II, General Manager. Richard Kettering has been an employee of U.S. Tow, Inc. since 2009. As such, he is extremely knowledgable regarding all of the operations of our business. Short of calling him a skilled "jack of all trades," it is certainly appropriate to note that his responsibilities are and have been significant and multidimensional. Mr. Kettering has management experience; he is knowledgable with regard to all aspects of the OPG system; tow driver safety compliance; complaint/problem resolution for customers and Police agencies; employee relations including hiring and dismissal; lien sales auction operation(Mr. Kettering is the auctioneer) and paperwork; and security camera content review. The resume of Mr. Kettering is included as an attachment to this Proposal. Stephanie McColgan, Assistant Manager. Ms. McColgan brings a unique background to U.S. Tow. She has worked with Moshe Ben Dayan since the start of Tip Top Tow Service in 1989 and, as such, is knowledgable with respect to all aspects of the towing industry. At Tip Top Tow Service, she was responsible for the management of the banking/financial aspects of the day-to-day business; payroll computation; daily receipts 16 computation; serving as a back-up dispatcher; resolution of difficult customer, staff and vendor issues; and community/public relations interface. At U-S. Tow,Ms. McColgan prepares lien sale auction paperwork and vehicle release paperwork. She is responsible for the banking activities of the firm as well as human resources/employee applications and other associated paperwork. Ms. McColgan also assists the General Manager with other overflow business matters associated with the company. The resume of Ms. McColgan is included as an attachment to this Proposal_ ADNIINISTRATM STAFF The administrative staff of U.S. Tow, Inc. is carefully trained and is knowledgable in the following areas related to company operations: computer software; dispatch; impound reporting; vehicle release procedures; vehicle property removal procedures; statutory hold vehicle release procedures; evidence/criminalistic hold vehicle procedures, lien sale procedures and fees; two-way radio use; telephone system and customer service techniques and procedures; criminal activity reporting; and the prioritization of calls for service. The administrative staff of U.S. Tow also receive continuous training in such aspects of company operations as dealing with hostile people and developing solutions to hostile situations; making effective decisions and implementing those decisions; understanding and adapting to the diverse ethnicities and cultures of customers; and establishing empathy for customers_ TOW DRIVER STAFF The tow driver staff of U.S. Tow, Inc. is carefully trained and is knowledgable in the following areas related to its work: highway safety;towing techniques; rollover and recovery techniques; laws pertaining to operation of tow trucks, customer service, automotive lockouts; and tow truck maintenance. Our tow truck drivers also receive continuous training in the following areas: computer software; impound report reading and understanding; vehicle codes; care and custody of vehicles; forklift operation; vehicle release procedures; vehicle property removal procedures; vehicle inspection procedures; verification of proper release of evidence hold vehicles; verification of proper release of statutory hold vehicles; proper handling of evidence/criminalistic hold vehicles; proper placement and spacing of vehicles, criminal activity reporting; vehicle identification (license plate and VIN); prevention of heat stress, dehydration, exhaustion, stroke and related problems: battery safety; prevention of blood borne pathogens, fire extinguisher use; back injury prevention; and eye protection. All drivers must hold and maintain Level 1 Certification from the California Tow Truck Association. A Staff Flow Chart for U-S. Tow, Inc. is provided on the following page. 17 U.S. Tow, Inc. Staff Flow Chart i Moshe Ben Dayan president/CFO Mohammed Jaweed CFO Etichard Kettering General Manager Stephanie McColgan Ernie G,onzale2 Luis Cru? Wafter Ruckwardt Assistant Manager Na patch Manager Driver Manager Yard Manager Maria Sanchez Rotondo Favala Jonathan Zetirya Dispatcher 1)river f lechanit Yardman Jose Martin Filiberta Fernandez Dispatcher D rive r Leonard Sanders Khachik Sekarian Dispatcher Driver Afrnando Valenzuela Victoria Reyes Driver Dispatcher -- - -- WaDrArevalo Driver Haul Marroquin Driver Carlos Reyes Driver 1� AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR STATE OF CALIFORIN[A ) ) SS COUNTY OF LOS AINGELES ) Moshe Ben Ddydn being first duly sworn deposes and says that he/she is Owner/President/CEO (Insert'Solt Owner".'Partner','President,"ScarLary',or odxr proper title) of v-- U.S. Tow, Inc. --- - - — -- - (lessen rawofbidden who submits herewith to the City of Vernon a bid/proposal; That all statements of fact in such bid/proposal are true; That such bid/proposal was nor made in the interest of or on behalf of any undisclosed person, partnership,company,association, organization or corporation; That such bid/proposal is genuine and not collusive or sham; That said bidder has not,directly or indirectly by agreement,communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Vernon, or of any other bidder or anyone else interested in the proposed contract;and further That prior to the public opening and reading of bids proposals,said bidder a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham bid/proposal; b Did not directly or indirectly, collude, conspire, corutive or agree wilh anyone else that said bidder or anyone else would submit a false or sham bid/proposal, or that anyone should retrain from bidding or withdraw his/her bid/proposal; C. Did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid/proposal price of said bidder or of anyone else, or to raise or fix any overhead,profit or cost element of hislher bid/proposal price,or of that of anyone else-, d Did not, directly or indirectly, submit his/her bid/proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof,or to any individual or group of individuals, except the City of Vernon,or to any person or persons who' ve a partnership or other financial interest with said bidder in his/her business. I certify under v ofper-ji; , hat the above information is correct By.. ` Title: Owner/President/CEO — Date: April 16 , 201 19 March 201 EXHIBIT C EXHIBIT C THE 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. - 16 - EXHIBIT D 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. - 17 - ORDINANCE NO . 1233 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON GRANTING TO H. P. AUTOMOTIVE & TOW, INC. , A FRANCHISE TOWING SERVICES AGREEMENT WHEREAS, the City of Vernon (the "City" ) is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California; and WHEREAS, on October 2, 2012, the City Council of the City of Vernon adopted Ordinance No. 1198 adding Chapter 4B of the Vernon Municipal Code to establish a non-consensual franchise towing fee; and WHEREAS, on or about March 2015, the Police Chief issued a Request for Proposals for the City' s Franchise Tow Fee Program; and WHEREAS, the City Council of the City of Vernon desires to grant a Franchise Towing Services Agreement to H. P. Automotive & Tow, Inc . ; and WHEREAS, the City Council of the City of Vernon is authorized by City Charter Section 8 . 9 to grant a franchise in the City of Vernon to any person, firm, corporation, or other entity and to set terms, conditions, restrictions and limitations by ordinance . THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS : SECTION 1 : The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct . SECTION 2 : GRANT OF FRANCHISE. A non-exclusive franchise shall be, and the same is hereby granted by the City Council of the City of Vernon to H. P. Automotive & Tow, Inc . , its lawful successors or assigns to provide official non- consensual police towing services to the Vernon Police Department. Said franchise is further described and depicted in the Franchise Towing Services Agreement, in substantially the same form as attached hereto as Exhibit A and incorporated herein by reference . SECTION 3 : FRANCHISE TERM. The franchise shall endure in full force and effect for three (3) years, subject to the terms and conditions of the Franchise Towing Services Agreement. SECTION 4 : FRANCHISE FEE. The grantee of the franchise, during the life thereof, will pay to the City five percent (5%) of the gross annual receipts of the grantee arising from the use, operation or possession of the franchise. SECTION 5 : VERIFIED STATEMENT OF GROSS RECEIPTS. The grantee shall file with the City Clerk of the City, within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of this franchise, and within three (3) months after the expiration of each calendar year thereafter, a verified statement showing in detail the total gross receipts for the grantee derived during the preceding calendar year, or such fractional calendar year, from the provision of official police towing services within the limits of the City. The grantee shall pay to the City within fifteen (15) days after the time for filing said statement, in lawful money of the United States, the aforesaid percentage of its gross receipt for the calendar year, or fractional calendar year, covered by said statement . Any neglect, omission or refusal by grantee to file said verified statement, or to pay said percentage at the times or in the manner hereinbefore provided, shall constitute grounds for the declaration of forfeiture - 2 - of this franchise and of all rights of grantee hereunder. However, grantee has the ability to cure under Section 12 . Further, the City is responsible for insuring that grantee has the appropriate financial institution information for electronic transfer of the franchise fee in a timely manner. Any delays caused by incorrect financial institution information shall not constitute grounds for the declaration of a forfeiture of this franchise . SECTION 6 : WRITTEN ACCEPTANCE REQUIRED. The franchise granted hereby shall not become effective until written acceptance thereof shall have been filed by grantee with the City Clerk. SECTION 7 : ABANDONMENT OF PRIOR FRANCHISES . The franchise granted by this Ordinance is in lieu of all other franchises, rights or privileges owned by the grantee, or by any successor of the grantee to any rights under the franchise, for providing official police towing services throughout the limits of the City of Vernon as such limits exist at the time of the granting of the franchise or as they may thereafter, except any franchise derived under Section 19 of Article IX of the Constitution as that section existed prior to the amendment thereof adopted October 10, 1911 . The acceptance of the franchise granted by this Ordinance shall operate as an abandonment of all such franchises, rights, and privileges within the limits of City as such limits at any time exist, in lieu of which the franchise is granted by this Ordinance . SECTION 8 : EMINENT DOMAIN. The granting of the franchise shall not in any way impair or affect the right of the City to acquire the property of the grantee by purchase or condemnation, and nothing contained in this franchise - 3 - shall be construed to contract away, modify or abridge either for a term or in perpetuity the City' s right of eminent domain. SECTION 9 : VALUE OF FRANCHISE. By acceptance of the franchise, the grantee, for itself, its successors and assigns, agrees that in any proceeding of any character before any court, commission, administrative body, board of arbitration or other public authority, no greater value shall be placed upon the franchise in excess of the cost to the grantee of the necessary publication and any other sum paid by grantee to the City therefor at the time of acquisition. SECTION 10 ; NONCOMPLIANCE. If the grantee of the franchise granted by this Ordinance fails, neglects, or refuses to comply with any of the provisions or conditions prescribed in this ordinance or the Franchise Act of 1937, and does not within ten (10) days after written demand for compliance begin the work of compliance, and after such beginning does not prosecute the work with due diligence to completion, the City, by its City Council, may declare the franchise forfeited. The City may sue in its own name for the forfeiture of the franchise granted pursuant to this Ordinance, in the event of noncompliance with any of the conditions thereof by the grantee, its successors, or assigns . SECTION 11 : CONFORMITY TO RULES AND STATUTORY REQUIREMENTS . The grantee of the franchise granted by this Ordinance shall comply with all of the ordinances and rules adopted by the City Council of the City of Vernon in the exercise of its police powers and not in conflict with the paramount authority of the State . All work undertaken or performed pursuant to the provisions of the franchise shall be of the standard required by law, and by any other body or - 4 - governmental authority having jurisdiction in the premises . where not in conflict with State law, or other governmental authority having jurisdiction in the premises, tow services shall be performed in accordance with the rules and regulations and ordinances of the City. SECTION 12 : INDEMNIFICATION. The grantee shall indemnify and hold harmless the City, its officers, agents and employees, from all liability for damages proximately resulting from any operations under this franchise. SECTION 13 : ASSIGNMENT. Grantee shall not assign or transfer any interest in the franchise without the express prior written consent and approval of City Council . Any unauthorized assignment or transfer of Franchisee' s rights or obligations under this Agreement shall be null and void and shall constitute a material breach by Franchisee of this Agreement . SECTION 14 : PERFORMANCE BOND. (a) At the option of the City, grantee shall either (a) reduce or eliminate any deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, representatives, attorneys, and volunteers; or (b) file with the City Clerk a corporate surety bond running to City and guaranteeing payment of losses and related investigations, claim administration and defense expenses . The bond shall be conditioned that grantee shall well and truly observe, fulfill and perform each term and condition of the franchise, and that in case of any breach of condition of the bond the amount of the penal sum therein shall be recoverable . If City elects option (b) above, Grantee shall file such bond within five (5) days after the adoption of this ordinance . (b) Grantee shall maintain the bond in full force and - 5 - effect throughout the term of this franchise, at grantee ' s sale expense . The bond shall be issued by an admitted surety insurer and comply with the requirements of the Bond and Undertaking Law, codified in Code of Civil Procedure Sections 995 . 010 et seq. This franchise shall be considered a "license or permit" within the meaning of the Bond and Undertaking Law, solely for purposes of application of such law to the bonding requirements of this section. SECTION 15 : LIABILITY. The grantee of the franchise under this Ordinance shall be liable to the City for all damages proximately resulting from the failure of the grantee to well and faithfully observe and perform any provision of the franchise or any provision of the Franchise Act of 1937 . SECTION 16 : Repeal . Any ordinance or parts of an ordinance in conflict with this Ordinance are hereby repealed. SECTION 17 : Severability. If any chapter, article, section, subsection, subdivision, paragraph, sentence, clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof . The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more chapters, articles, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases or words be declared unconstitutional, or invalid, or ineffective. - 6 - SECTION 18 : Book of Ordinances . The City Clerk, or Deputy City Clerk, shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk' s, or Deputy City Clerk' s, certification to be entered in the Book of Ordinances of the Council of this City. The City Clerk, or Deputy City Clerk, shall cause this ordinance to be published or posted as required by law. SECTION 19 : Effective Date . This Ordinance shall go into effect and be in full force and effect at 12 : 01 a.m. on the thirty- first (31st) day after its passage. APPROVED AND ADOPTED this day of �, 2015 . Name : Title : Mayor / Mayor Pro-Tem ATTEST: City Clerk i Deputy City Clerk APPROVED AS TO FORM: Brian. W. Byun, Deputy City Attorney - 7 - STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1233 was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held in the City of Vernon on Tuesday, September 1, 2015, and thereafter adopted at a meeting of said City Council held on Tuesday, by the following vote : AYES : Councilmembers : NOES : Councilmembers : ABSENT: Councilmembers : And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of 2015 , at Vernon, California. City Clerk / Deputy City Clerk (SEAL) 8 - EXHIBIT A CITY OF VERNON FRANCHISEE TOWING SERVICES AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND H.P. AUTOMOTIVE & TOW, INC. COVER PAGE Franchisee. H.P. Automotive & Tow, Inc. Responsible Principal of Franchisee: Jimmy Sandhu, President Notice Information- Franchisee: H.P. Automotive & Tow, Inc. 7300 Roseberry Avenue Huntington Park, CA 90255 Attention: Moshe Ben Dayan, President/CEO Phone: (323) 583-1831 Facsimile: (323) 583-3322 Notice Information - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Daniel Calleros, Police Chief Telephone: (323) 583-8811 ext. 114 Facsimile: (323) 826-1481 Commencement Date: No earlier than thirty-one (31) days after approval by City Council of City of Vernon of ordinance granting franchise to H.P. Automotive & Tow, Inc. Termination Date: Three (3) years from Commencement Date, inclusive Consideration: Payment is made by Franchisee to City pursuant to Section 3 of this Agreement. Payment is made to Franchisee by City pursuant to Section 5 of this Agreement. Records Retention Period Three (3) years, pursuant to section 15.3 CITY OF VERNON FRANCHISEE TOWING SERVICES AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND H.P. AUTOMOTIVE & TOW, INC. This Agreement is made and entered into by and between the City of Vernon ("City"), a California charter City and California municipal corporation, and H.P. Automotive & Tow, Inc. ("Franchisee"), a Police Towing Company with its principal place of business at 7300 Roseberry Avenue, Huntington Park, CA 90255 (collectively, the "Parties") to provide for towing services to the City. The Parties agree as follows: RECITALS WHEREAS, Franchisee shall provide police towing services to the City of Vernon as set forth in the Request for Proposal issued in or about March 2015, Exhibit A, and Franchisee's proposal to the City ("Proposal') dated April 15, 2015, Exhibit B, both of which are attached to and incorporated into this Agreement, by reference. WHEREAS, pursuant to Chapter 4B of the Vernon Municipal Code, Franchisee has applied for a Police Towing Franchise ("Franchise"); and WHEREAS, the City Council has determined that Franchisee has demonstrated compliance with Chapter 4B of the Vernon Municipal Code and has agreed to comply with all provisions of that Chapter; and WHEREAS, it is required that City and Franchisee enter into this Franchise Towing Services Agreement ("Agreement") for police towing services in the City of Vernon; and WHEREAS, additional conditions have been imposed upon this grant of Franchise. NOW, THEREFORE, the Parties do hereby agree as follows: Section 1. GRANT OF FRANCHISE. Subject to approval by the City Council of the City of Vernon of an ordinance granting the franchise and to the requisite thirty-one (31) days' waiting period before such ordinance becomes effective, City grants to Franchisee a Police Towing Franchise authorizing Franchisee to engage in the business of Police Towing as set forth in chapter 413 of the Vernon Municipal Code in the City of Vernon and to use the public streets and rights of way for such purpose. This grant is pursuant to the City's Request for Proposal and to Franchisee's proposal for the Franchise. Franchisee is subject to the terms and conditions specified in Chapter 8.9 of the Charter of the City of Vernon, the provisions of Chapter 4B of the Vernon Municipal Code, the terms and conditions specified in all related resolutions, the terms and conditions of this Agreement, the representations and assurances in Franchisee's application for the Franchise. Section 2. TERM OF FRANCHISE. The term of this Franchise granted to Franchisee shall be for three (3) years, effective from thirty-one (31) days after the date upon which the City Council of the City of Vernon - 2 - approves the ordinance granting the Franchise (the"Effective Date") to the date that is three (3) years from the Effective Date, inclusive. Section 3_ FRANCHISE FEES. 3.1 During the term of the Franchise, Franchisee shall pay a franchise fee to City in an amount equal to 5% of Franchisee's gross annual receipts arising from the use, operation or possession of the Franchise, which fees shall be assessed from the date on which the ordinance granting this Franchise became effective and in accordance with Section 4B.8 of the Vernon Municipal Code and any Resolution adopted by the City Council and in such other amounts as are set forth in any subsequent resolutions that may be adopted by the City Council at any time during the term of the Agreement. 3.2 The Franchisee shall file with the City Cleric of the City, within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of this franchise, and within three (3) months after the expiration of each calendar year thereafter, a verified statement showing in detail the total gross receipts for the Franchisee derived during the preceding calendar year, or such fractional calendar year, from the provision of official police towing services within the limits of the City. The Franchisee shall pay to the City within fifteen (15) days after the time for filing said statement, in lawful money of the United States, the aforesaid percentage of its gross receipt for the calendar year, or fractional calendar year, covered by said statement. Any neglect, omission or refusal by Franchisee to file said verified statement, or to pay said percentage at the times or in the manner hereinbefore provided, shall constitute grounds for the declaration of forfeiture of this Franchise and of all rights of Franchisee hereunder pursuant to the procedures set forth in Sections 11 and 12 herein. However, Franchisee has the ability to cure. Further, the City is responsible for insuring that Franchisee has the appropriate financial institution information for electronic transfer of the franchise fee in a timely manner, Any delays caused by incorrect financial institution information shall not constitute grounds for the declaration of a forfeiture of this Franchise. 3.3 Franchisee shall timely pay all required franchise fees to: City of Vernon Attention: Finance Director 4305 Santa Fe Avenue Vernon, CA 90058 Each payment shall be accompanied by a written statement, verified by the Franchisee or a duly authorized representative of the Franchise, showing in such form and detail as the Finance Director of the City of Vernon may prescribe, the calculation of the franchise fee payable by the Franchisee and such other information as the Finance Director may require as material to a determination of the amount due. 3.4 The first payment of the franchise fee will be due on September 15, 2015, and payments shall be due monthly thereafter on the 1501 day of each month. 3.5 When Franchisee remits franchise fees to the City, such franchise fees shall be deemed timely paid only if delivered or postmarked on or before the due date. If fees are not timely paid, Franchisee shall be subject to suspension or termination of the Franchise pursuant to Section 14 of this Agreement and/or to any other penalties which may be - 3 - established and assessed by the City, including, but without limitation, late fees assessed at the rate of five percent(5%). Section 4. TOWING SERVICES. 4.1 Franchisee shall provide Police Towing services, as set forth in Exhibit A, which is the City's Request for Proposals for Official Police Tow Services, and which includes, but without limitation, strictly adhering to the eligibility requirements, operating regulations, fees schedules, standards for tow truck equipment, standard rules of operation, response time, inspection, information regarding new or terminated tow truck drivers, tow driver training, and as set forth in Exhibit B which is Franchisee's response to the City's Request for Proposals. All services by Franchisee shall comply will all provisions of federal, state and local law and regulation, including, but without limitation Chapter 4B of the Vernon Municipal Code. 4.2 Franchisee understands and agrees that, although the City is granting it a franchise as a police towing service, the City may requisition towing services from other service providers as set forth in Section 4B.12 of the Vernon Municipal Code, or if Franchisee is otherwise unavailable for any reason, in the reasonable discretion of the Vernon Chief of Police and including, but without limitation, suspension or termination of the Franchisee. Section 5. RATES, CHARGES AND PAYMENT. 5.1 The rates and charges for towing and storage in connection with this Franchise shall be established by the Franchisee. The prevailing rates prescribed by the Southern Division of the California Highway Patrol, the Los Angeles Police Department, and the Los Angeles County Sheriff will be considered when establishing these rates. The rate per impound shall be $140.00 and the storage charge shall be $40.00 per day, unless or until otherwise modified by the City. A sign showing the approved rates and charges shall be conspicuously posted in the Franchisee's tow office and shall be posted in a conspicuous place in the interior of each tow truck operated by Franchisee. Franchisee shall provide vehicle owners the option of payment by MasterCard and Visa. Franchisee must provide for after-hours releases of vehicles, and may collect an after-hour release fee. As part of the award of franchise the Franchisee will be requested to establish an after-hours release fee not to exceed '/z of the impound fee in addition to other established fees. Section 8. REPORTS. Franchisee shall file a monthly towing report with the Chief of Police along with payment of its monthly franchise fees. The report shall be submitted to: Vernon Police Department Attention: Police Chief 4305 Santa Fe Avenue Vernon, CA 90058 The report shall include the information required by Section 4B.1 O(H) of the Vernon Municipal Code for Franchisee and its subcontractors, certified as true and correct under penalty of perjury by a responsible owner or official of the Franchisee. - 4 - Section 7. FRANCHISEE'S RECORDS. 7.1 The Franchisee shall maintain accurate and complete books and accounts of all revenues and income arising out of its operations under the Franchise and in a manner, which conforms to generally accepted accounting principles. Franchisee's books, accounts and records, arising out of or related to its operation under the Franchise, shall at all times be open to inspection, examination and audit by authorized officers, employees and agents of the City. Such records shall be kept at Franchisee's place of business shown in this Agreement for receipt of notices. 7.2 Franchisee shall require its subcontractors, if any, who perform Police Towing services in connection with the Franchise to keep and maintain books of account and other records showing all business transactions conducted by such subcontractors in connection with the Franchise. Franchisee agrees to use its best efforts to avoid duplication of reporting between Franchisee and its subcontractors. Section 8. TOW VEHICLE AND DRIVER REPORTING COMPLIANCE AND IDENTIFICATION. 8.1 Franchisee shall maintain on file with the City, a complete and accurate listing of every vehicle operated by Franchisee for police towing services. Franchisee shall certify, in a form acceptable to City, that every such vehicle conforms with regional and State vehicle emission standards ("emission standards"), and shall provide documentation of compliance on written request of the City. Franchisee understands and agrees that failure to comply with emission standards may result in suspension, termination or non-renewal of a Franchise. 8.2 Every vehicle operated by Franchisee and for Police Towing services in the City shall bear the following identification. Franchisee's trade name, monogram or insignia, the Franchise vehicle number, together with Franchisee's telephone number painted on both sides of the vehicle. All lettering mentioned in this paragraph shall be not less than 2-114" in height and not less than 516" stroke. The Franchisee agrees to remove the Franchise vehicle number and all other information within 30 calendar days after the Franchise is terminated or the vehicle is sold, transferred or taken out of service. 8.3 Franchisee shall file with the Vernon Police Department, the name, address, date of birth, driver's license number, and all identification required of any tow unit driver working for Franchisee, whether as an employee or as a contractor, which information shall be filed not later than ten (10) business days following the effective date of employment or engagement. Franchisee shall also notify the Vernon Police Department within ten (10) business days of the following occurrences: the license suspension of any tow unit driver, and the end of employment, or engagement, of any tow unit driver with Franchisee. Section 9. INDEMNIFICATION OF CITY. 9.1 Franchisee shall indemnify and hold the City harmless from and against any and all loss, damages, liability, claims, suits, costs and expenses, fines, charges or penalties whatsoever, including reasonable attorney's fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner related to the services provided or business conducted under Chapter 4B of the Vernon Municipal Code or otherwise pursuant to this Agreement. - 5 - 9.2 Franchisee shall indemnify the City, defend with counsel approved by the City, protect and hold harmless the City, its officers, employees, agents, assigns, and any successor or successors to the City's interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damage, punitive damages, injuries, costs, response, remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines and charges, penalties and expenses (including, but not limited to, attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, the City or its officers, employees, agents or the Franchisee arising from or attributable to any repair, remediation, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, or closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous waste at any place where the Franchisee stores or dispose of solid or hazardous waste. The foregoing indemnity is intended to operate as an Agreement pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 United States Code Section 9607, and California Health and Safety Code Section 25364, and any successor provisions, to insure, protect, hold harmless, and indemnify the City from liability. Section 10. INSURANCE REQUIREMENTS. 10.1 Franchisee shall, at its sole cost and expense, procure and maintain in full force and effect, throughout the term of this Agreement, inclusive of any renewal term granted by City, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by the Franchisee, its agents, representatives, employees or subcontractors. Franchisee shall procure and maintain insurance policies of the types and meeting the requirements set forth below, and shall provide to the City a Certificate of Insurance, or other such evidence reasonably acceptable to the City, verifying the existence of such policies: 10.2 Minimum Scope of Insurance Coverage. Franchisee shall procure and maintain policies of insurance with minimum scopes of coverage AT LEAST as broad as the following: (a) Comprehensive General Liability Insurance. (b) Comprehensive Vehicle Liability insurance. (c) Workers' Compensation Insurance as required by the State of California and Employer's Liability Insurance. 10.3 Minimum Limits. Vendor shall maintain insurance with minimum limits NO LESS THAN the following: (a) General Liability of Two Million Dollars ($2,000,000) for each occurrence and in the aggregate, combined single limit, against any bodily injury, death, personal injury, or property damage. In Comprehensive General Liability Insurance or other form in which a general aggregate limit is used, the general limit shall apply separately to this Agreement or the general limit shall be TWICE the required occurrence limit. 6 - (b) Automobile Liability of One Million Dollars ($1,000,000) per accident for bodily injury and property damage. (c) Garage Keepers Legal Liability coverage with minimum limits of Two Hundred Fifty Thousand Dollars ($250,000) per occurrence. (d) Employer's Liability of One Million Dollars ($1,000,000) per accident for bodily injury or disease. (e) Worker's Compensation and Employer's Liability Insurance in an amount required by law. 10.4 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, Franchisee shall either: (a) Reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected and appointed officials, officers, employees, agents, representatives, attorneys, and volunteers; OR (b) Procure a bond, guaranteeing payment of losses and related investigations, claim administration and defense expenses. Under this option, Franchisee shall file such bond within five (5) days after the adoption of the ordinance approving this Agreement. Franchisee shall maintain the bond in full force and effect throughout the term of the Franchise, at Franchisee's sole expense. The bond shall be issued by an admitted surety insurer and comply with the requirements of the Bond and Undertaking Law, codified in Code of Civil Procedure Sections 995.010 et seq. This franchise shall be considered a"license or permit"within the meaning of the Bond and Undertaking Law, solely for purposes of application of such law to the bonding requirements of this section. 10.5 Required Endorsements. All of the policies required by this Agreement shall contain, or be endorsed to contain, the following provisions: (a) City, its elected and appointed officials, officers, employees, agents, representatives, attorneys and volunteers shall be named as additional insured parties, and the policies shall specifically state that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement. (b) The insurance coverage provided by the Franchisee shall be primary to any coverage available to the City. Any insurance or self-insurance maintained by City, its officers, officials, employees or volunteers shall be in excess of Franchisee's own insurance and shall not contribute with it. (c) The insurance policies shall contain no special limitations on the scope of protection afforded to the City, its elected and appointed officials, officers, employees, agents, representatives, attorneys or volunteers. Further, the policies shall expressly waive the right of subrogation against City, its elected and appointed officials, officers, employees, agents, representatives, attorneys or volunteers. - 7 - (d) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its elected and appointed officials, officers, employees, agents, representatives, attorneys or volunteers. (e) The insurance coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (f) Each insurance policy required by this section shall be endorsed to state that coverage SHALL NOT be suspended, voided, and/or canceled by either party, and that there shall be no reduction in the amount of coverage or in the limits applicable thereto EXCEPT after thirty(30) days prior written notice has been given to the City, said written notice to be delivered by U.S. Certified Mail, Return Receipt Requested addressed to the City Attorney and City Finance Director. (g) In its sole discretion, the City may waive all or some portion of the above referenced insurance if such waiver is in writing and executed by City's Finance Director. 10.6 Required Insurance Rating. Any insurance policy required by this Agreement shall be placed with an insurer admitted in the State of California with a current A.M. Best's rating of NO LESS THAN B+:VII in the latest edition of Best's Insurance Guide. 10.7 Original Certificates Required. At all times during the term of this Agreement, Franchisee shall maintain on file with the City's Finance Director a certificate or certificates of insurance. Said certificate or certificates of insurance shall show that the aforesaid policies are in effect in the required amounts and shall contain each of the endorsements as set forth in Section 10.3. Franchisee small, prior to commencement of work under this Agreement, file with the City Finance Director the original certificates effecting coverage required by this section of this Agreement. The endorsements are to be signed by the person authorized by that insurer to bind coverage on its behalf. The endorsements are to be received and approved by City before Franchisee commences operation under the terms of this Agreement 10.8 Failure to Maintain Required Insurance. Franchisee agrees that if it fails to keep the aforesaid insurance policies in full force and effect the City may, at its sole option, either(i) immediately terminate this Agreement or, (ii) if insurance is available at a reasonable cost, the City may take out the necessary insurance and pay, at Franchisee's cost and expense, the premium thereon. Section 11. TERMINATION AND SUSPENSION. The City may terminate this Agreement, without cause, by giving the Franchisee thirty (30) days' written notice of such termination and the effective date thereof. The City may terminate this Agreement, with cause, by giving the Franchisee (10) days' written notice of such termination and the effective date thereof. Cancellation for cause shall be at the discretion of the City and shall be, but is not limited to,failure to supply the materials, equipment or service specified within the time allowed or within the terms, conditions or provisions of this Agreement. The Franchisee may not cancel this Agreement without prior written consent from the Vernon Chief of Police. mg _ Section 12. TEMPORARY SUSPENSION. In addition to termination or suspension as set forth in Section 11, above,the Chief of Police may temporarily suspend any Franchisee without a hearing, whenever the continued operation by the Franchisee would constitute a danger to public health, safety, welfare or public morals, including, without limitation, where there is a failure to maintain the minimum levels and standards of liability insurance or claims reserve or failure to keep in full force and effect any applicable licenses or permits required by federal, state, local law, or regulation. The notice of temporary suspension may be personally delivered to the party named and to the address given on the application pursuant to which such Franchise was issued and to the notice address stated herein, if different, or, mailed by registered or certified mail to the party named at the address given on the application pursuant to which such Franchise was issued and to the notice address stated herein, if different. Notwithstanding other notice provisions of this Agreement, the temporary suspension is effective upon the earlier of either receipt or the expiration of three (3) days from the date of mailing. The notice of temporary suspension shall include a notice of the date and time for termination hearing and all other information required by the Vernon Municipal Code. The temporary suspension shall remain effective until the decision on suspension or termination is made unless the suspension is lifted by written notice of the Chief of Police. Section 13. ACCEPTANCE, WAIVER. Franchisee agrees to be bound by and comply with all the requirements of Chapter 4B and this Agreement. By entering into this Agreement, Franchisee waives, to the maximum extent permitted by law, Franchisee's right to challenge the terms of this Agreement and of Chapter 4B under federal, state or local law, or under administrative regulation, as such laws and regulations exist as of the date of signing of this Agreement. Section 14. GENERAL TERMS AND CONDITIONS. 14.1 INDEPENDENT STATUS. It is understood that in the performance under this Agreement, Franchisee shall be, and is, an independent operator, and is not an agent, contractor, or employee of City and shall furnish services in its own manner and method, except as required by this Agreement. Further, Franchisee has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Franchisee in its business operations. Franchisee shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Franchisee acknowledges that Franchisee and any subcontractors, agents or employees are not 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. 14.2 FRANCHISEE NOT AGENT. Franchisee and its subcontractors shall have no authority, express or implied,to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise. 14.3 WAIVER. The City's waiver of any term, condition, breach or default of this Agreement shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. . 9 - 14.4 NO ASSIGNMENT. The Franchisee shall not assign or transfer any interest in this Agreement without the express prior written consent and approval of City Council. Any unauthorized assignment or transfer of Franchisee`s rights or obligations under this Agreement shall be null and void and shall constitute a material breach by Franchisee of this Agreement. 14.5 COMPLIANCE WITH LAWS. Franchisee shall comply with all Federal, State, County and City laws, ordinances, resolutions, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof. 14.6 ATTORNEY'S FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Agreement, the prevailing parry shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. 14.7 INTERPRETATION. 14.7.1 Applicable Law. This Agreement, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed and construed according to the laws of the State of California, without regard to the conflict of laws provisions therein. 14.7.2 Entire Agreement. This Agreement, including any Exhibits attached hereto and any documents explicitly referenced herein, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (written or oral). 14.7.3 Written Amendment. This Agreement may only be changed by written amendment signed by Franchisee and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Agreement shall be of no force or effect. 14.7.4 Severability. If any provision in this Agreement is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Agreement. 14.7.5 Choice of Forum. The parties hereby agree that this Agreement is entered into and is to be performed in the City of Vernon and that all claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum. 14.7.6 Order of Precedence. In case of conflict between the terms of this Agreement and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the order of precedence is as follows: Charter of the City of Vernon, the Vernon Municipal Code, the ordinance granting this Franchise, resolutions of the City of Vernon, this Agreement, the City's Request for Proposals for Official Police Towing Services, - 10 - and Franchisee's Response to the City's Request for Proposals for Official Police Towing Services. 14.7.7 Duplicate Originals. There shall be two (2)fully signed copies of this Agreement, each of which shall be deemed an original. 14.8 AUTHORITY OF FRANCHISEE. The Franchisee hereby represents and warrants to the City that the Franchisee has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement, and its execution of this Agreement has been duly authorized. 14.9 EMINENT DOMAIN. The granting of the Franchise shall not in any way impair or affect the right of the City to acquire the property of the Franchisee by purchase or condemnation, and nothing contained in this Franchise shall be construed to contract away, modify or abridge either for a term or in perpetuity the City's right of eminent domain. 14.10 VALUE OF FRANCHISE. By acceptance of the Franchise, the Franchisee, for itself, its successors and assigns, agrees that in any proceeding of any character before any court, commission, administrative body, board of arbitration or other public authority, no greater value shall be placed upon the franchise in excess of the cost to the Franchisee of the necessary publication and any other sum paid by Franchisee to the City therefor at the time of acquisition. Section 15. ADDITIONAL ASSURANCES. 15.1 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Franchisee certifies and represents that, during the performance of this Agreement, Franchisee and any other parties with whom it may subcontract shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, marital status. Franchisee further certifies that it will not maintain any segregated facilities. Franchisee further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit "C". 15.2 BUSINESS LICENSES. Franchisee shall obtain, and pay any and all costs associated therewith, any Vernon Business License, which may be required by the Vernon Municipal Code and all permits, and licenses applicable to Franchisee's operations under this Franchise, which are required of Franchisee by any governmental agency. 15.3 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Franchisee's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Agreement and/or is paying only the amounts to which Franchisee is properly entitled under the Agreement or for other purposes relating to the Agreement. The Franchisee shall maintain and preserve all such records for a period of at least 3 years after termination of the Agreement. The Franchisee shall maintain all such records in the City of Vernon. If not, the Franchisee shall, upon request, promptly deliver the - 11 - records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personal, salaries, private auditors, travel, lodging, meals and overhead. 15.4 CONFLICT. Franchisee hereby represents, warrants and certifies that no member, officer or employee of the Franchisee is a director, officer or employee of the City of Vernon, or a member of any of its boards, commissions or committees, except to the extent permitted by law. Section 15. LIVING WAGES. Franchisee, and any subcontractor(s), shall comply with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit"D". Upon the City's request, certified payroll records shall promptly be provided to the City. Section 17. NOTICES. Except as otherwise provided in this Agreement, all notices required by this Agreement or by Chapter 4B of the Vernon Municipal Code shall be given by personal service or by deposit in the United States mail, postage pre-paid and return receipt requested, addressed to the parties as follows: To City: Vernon Police Department Attention: Police Chief 4305 Santa Fe Avenue Vernon, CA 90058 Copies to: City of Vernon Attention: Finance Director 4305 Santa Fe Avenue Vernon, CA 90058 Franchisee: H.P. Automotive &Tow, Inc. Attention: Jimmy Sandhu, President 7300 Roseberry Avenue Huntington Park, CA 90255 Notice shall be deemed effective on the date personally served or, if mailed, three days after the date deposited in the mail. (Signatures Begin on Next Page]. - 12 - IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date set forth below. City of Vernon, a California charter City H.P. Automotive &Tow, Inc., a California and California municipal corporation corporation DATED: DATED: By. By: W. Michael McCormick, Mayor Name: Title: ATTEST: By: Name: Marla E. Ayala, City Clerk Title: APPROVED AS TO FORM: Brian Byun, Deputy City Attorney - 13 - EXHIBIT A EXHIBIT A REQUEST FOR PROPOSALS City of Vernon Request for Proposals (RFP) Franchise Tow Fee Program ,R* 00 � City of Vernon Police Department 4305 Santa Fe Avenue, Vernon, CA 90058 Phone: (323) 587-5171 City of Vernon Franchise Tow Fee Program Request for Proposals 1. INTRODUCTION AND PROJECT The City of Vernon seeks proposals from qualified bidders to enter into a franchise agreement to perform rotational police towing and storage services. Services to be performed by the selected contractor include vehicle towing and impound services as directed by the Vernon Police Department Based on the quality of fhe proposals received, the City may consider awarding a single tow franchise contract, or multiple tow franchise contracts using a tali-far-service rotation. The City does not expect to aware more than two (2)franchise agreements under the rotational system, although City Council reserves the right to award contracts at its sole discretion, based on the proposals submitted, The City will select no more than two (2)tow service companies,based on demonstrated competence and a cost effective approach to design, conduct, and assist in the removal of vehicles which are apparently abandoned, or driven by unlicensed drivers, or drivers driving on suspended licenses, or involved in traffic collisions, or vehicles creating a traffic hazard due to mechanical failures. To be eligible for consideration, the tow service company's place of business and vehicle storage facility must be located within a seven (7) mile radius of the Vernon City Hall, located at 4305 Santa Fe Avenue, Vernon CA 90D58. 2. BACKGROUND The City of Vernon was founded in 1905, is approximately 5.2 square miles in size and is located approximately 5 miles southeast of downtown Los Angeles California. Over its long history Vernon has been developed as an industrial community. At the turn of the 201' century the lands that make up Vernon were comprised largely of farmlands. The presence of three major rail lines in the area led influential business and property owners to encourage the railroad companies to run spur lines onto the farmlands. These rail extensions enabled the creation of an "exclusively industrial' city. By the 1920's Vernon was attracting large stockyards and meatpacking facilities- In the 1930's Vernon became the location of choice for many heavy industrial plants. As economic conditions changed over the decades, these large scale industrial operations have relocated out of Southern California and Vernon has attracted smaller, lighter industrial facilities. The City's business friendly environment, low cost utilities and key location for trucking and rail transport continue to position Vernon as an ideal location for industrial uses. City Government: The City Council consists of five members, elected at-large, who serve five-year staggered terms. The City Council annually appoints a Mayor and a Mayor Pro Tem from its own membership to serve one-year terms. - 2- City of Vernon Franchise Tow Fee Program Request for Proposals Labor Farce: Vernon has approximately 250 employees, and its departments include a Fire Department, Police Department, Finance Department, Public Works, Water and Development Services Department, Gas and Electric Department and Health and Environmental Control Department. Present bargaining units recognized include the I Vernon Police Officers Benefit Association, Vernon Police Management Association, Vernon Firemen's Association, the Vernon Fire Management Association, International Brotherhood of Electrical Workers Local 47, and Teamsters Local 911. 3. ISSUES OR PROBLEMS TO BE ADDRESSED The selected tow service company shall be able to provide swift, professional service in the removal of any vehicle, as directed by the Vernon Police Department, from any City street. 4. SCOPE OF SERVICES REQUIRED The City of Vernon is seeking the services of a highly qualified tow service company to 1 assist in; Under the terms specified herein as well as in Chapter 4B of the Vernon Municipal Code, Franchisee shall furnish impound, towing, and storage services to the Vernon Police Department and the City as directed by the Vernon Police Department. To be eligible for a franchise, applicants must meet the City's minimum requirements as specified herein. i Franchisee will be required to provide the necessary trained personnel, tow trucks and storage facilities to recover, if necessary, and remove vehicles and tractor/trailers involved in collisions. Franchisee(s)must be able to tow and store vehicles impounded by the police, many times in excess of 30 days; and must be able to clean up and dispose of debris at the scene of an accident at which any vehicle to be towed hereunder was involved. The average response time for any thirty day period pursuant to requests for tow service by the Police Department, must not exceed twenty (20) minutes. The maximum response time for any single request for tow service by the Police Department shall not exceed thirty (30) minutes. In the event the Franchisee cannot respond within 20 minutes, the Franchisee shall immediately notify the Police Department dispatcher and provide an estimated time of arrival. Franchisee must provide a dispatcher available onsite at the tow facility place of business at all times for the immediate dispatching of towing equipment. Franchisee's place of business must be open from 0700 to 1800 hours Monday through Friday. Alternate hours, as directed by the City, must also be available in order to accommodate special City events. Failure or refusal to promptly relay the Police Dispatcher's requests for towing services shall constitute failure to comply with the requirements, terms and conditions of the agreement and may result in termination of the agreement. All tow trucks shall be equipped as provided in the California Vehicle Code. .3- City of Vernon Franchise Tow Fee Program Request for Proposals Franchisee's trucks shall be painted,free of major dents, and kept clean and in good working order. Official police tow services shall, at all times, have at least three fully equipped and operational tow trucks in service. All of the low trucks in service must have a minimum capacity of one(1)ton. At least one of the tow tricks in service must be a flatbed tow truck. At least one of the three tow trucks in service must have a five ton (5) lifting capacity. Every official police tow service shall be equipped for and have personnel proficient in unlocking locked vehicles when requested to do so by Police Department employees. Upon selection the Franchisee shall file with the Vernon Police Department, the name, address, date of birth, drNer's license number, and all other information required of any tow unit driver employed by the permit holder subsequent to the date of the tow operator permit application, which information shall be filed not later than ten (10)business days following the effective date of hiring. The Franchisee will be required to notify the Vernon Police Department of the name of any tow truck driver no longer employed by such permit holder. This notification shall be given to the Vernon Police Department no later than ten (10) business days following the last date of the driver's employment by the permit holder. The Franchisee will be required to notify the Vernon Police Department of the identity of any tow truck driver whose license is suspended. The operator shall not be authorized to operate in Vernon unless the operator has provided proof from the Department of Motor Vehicles of the ability to operate a vehicle during work hours. The Franchisee will be required to enroll and participating in a program with California Department of Motor Vehicles (DMV Pull Program)that notifies the Franchisee when their drivers have any change to their driving status or record_ This DMV program will alert the Franchisee to any potential problem drivers. Franchisee will be required to comply with the California Vehicle Code and other applicable laws with regards to lien sales, including supplying a list of vehicles each month that the Franchisee intends to lien sale prior to selling same for approval by the department. Franchisee is responsible for maintaining all documents relating to lien sales. 5. QUALIFICATIONS & CRITERIA A Qualifications: The City of Vernon will select no more than two (2) tow service companies for all of the outlined Scope of Service on the basis of qualifications, experience, and cost. The following are the minimum qualifications to be used to evaluate responses to this Request for Proposal: 1. The applicants can satisfy the insurance, business license, and tow operator permits requirements set forth in Vernon Municipal Code Chapter 46. 2. The applicants are qualified on the basis of prior experience in the towing -4- I City of Vernon Franchise Tow Fee program Request for Proposals i operation business and financial responsibility. 3, All tow vehicles and equipment must comply with ail state and applicable federal requirements. 4. The applicants can reasonably conduct an official police towing service which complies with all of the requirements of Vernon Municipal Code Chapter 4B. 5. The applicants will accept all tow requested by the City, including tows of abandoned or dismantled vehicles and/or tows requiring special equipment. B. Selection Criteria:The City will conduct a comprehensive,fair, and impartial evaluation of proposals received in response to this RFP. All proposals received ! will be reviewed and evaluated by a committee of qualified personnel. The name, ; information, or experience of the individual members will not be made available to any proposer. The Evaluation Committee will first review and screen all proposals submitted, except for the cost proposals, according to the minimum qualifications set forth above. The following criteria will be used in reviewing and comparing the proposals and in determining the highest scoring bid: I 1. 40% Qualifications, background and prior experience of the tow service company in the Service Area(s)being proposed,experience of key staff assigned to oversee services provided to Vernon, evaluation of size and scope of similar work performed and success on that work. 2. 30% Cost and fees to the City for handling matters. Cost is not the sole determining factor but will be taken into consideration. Proposer must offer services at a rate comparable to the rate proposer offers to other governmental entities for similar work. Offering a higher rate to the City than the comparable rate is grounds for disqualification of the Proposer. If rates differ for different types or levels of service,or for different Service Areas, the Proposer should so state. 3. 10% Responsiveness to the RFP, and quality and responsiveness of the proposal. 4. 20% References including past performance of proposer. 5. FORMAT AND DELIVERY OF RESPONSE Respondents are asked to submit seven (7) hard copies-and one (1) electronic copy of their proposals in sufficient detail to allow for a thorough evaluation and comparative analysis. The proposal should include, at a minimum, the following information in sectionalized format addressing all phases of the work in the RFP. A. Format: Limit your proposal to 20 typed B.5" X 11" pages, or fewer, on white bond paper of at least 20-pound weight single sided (excluding cover letter and attachments. You may attach a company brochure if you wish, but it must be as a separate attachment and independent from the required elements noted above. 1. Use a conventional typeface with a minimum font size of 12 points. Use a 1" margin on ail boarders. -5- City of Vemon Franchise Tow Fee Program Request for Proposals 2. Organize your submittal in the order described above. 3. Provide one (1) unbound original of your company's response and one electronic version (via email) to Captain Michael Gillman, mgillman@covpd_org 4. Prominently label the package: "Franchise Tow Fee Program' and include the name of the primary contact for the respondent. Deliver the response to: City of Mention Attention: Captain Michael Gillman 4305 Santa Fe Avenue Vernon, CA 90058 5. Responses are due on or before 5:00 pan. on April 16, 2015. Late response will not be accepted. 6. If you have any question about this RFP, please contact Captain Michael Gillman at(323) 587-5171 ext. 115. B. Cover Letter; All proposals shall include a cover letter which states that the proposal shall remain valid for a period of not less than ninety (90) days from the date of submittal. If the proposal contemplates the use of sub-contractors, the sub- contractors shall be identified in the cover letter. If the proposal is submitted by a business entity, the cover letter shall be signed by an officer authorized to contractually bind the business entity. With respect to the business entity, the cover letter shall also Include: the identification of the business entity, including the name, address and telephone number of the business entity; and the name, title, address and telephone number of a contact person during the proposal evaluation period. C. introduction: Present an introduction of the proposal and your understanding of the assignment and significant steps, methods and procedures to be employed by the proposer to ensure quality deliverables that can be delivered within the required time frames and your identified budget. D. General Scope of Work: Briefly summarize the scope of work as the proposer perceives or envisions it for each Service Area proposed. E. Work Plan: Present concepts for conducting the work plan and interrelationship of all projects_ Define the scope of each task including the depth and scope of analysis or research proposed. F. Fees and costs: Although an important aspect of consideration, the financial cost estimate will not be the sole justification for consideration. Negotiations may or may not be conducted with the proposer; therefore, the proposal submitted should contain the proposer's most favorable terms and conditions, since selection and award may be made without discussion with any tow service company. All prices -8- City of Vernon Franchise Tow Fee Program Request for Proposals should reflect 'not to exceed' amounts per item. Proposer must offer services at a a rate comparable to the rate proposer offers to other governmental entities for similar work_ Offering a higher rate to the City than the comparable rate is grounds for disqualification of the Proposer. G. Ability of the Proposer to Perform: Provide a detailed description of the proposer and hls/her/its qualifications, including names, titles, detailed professional resumes and past experience in similar work efforts/products of key personnel who will be working on the assignment. Provide a list of specific related work projects that have been completed by the proposer which are directly related to the assignment described in this RFP. Note the specific individuals who completed such project(s). Identify role and responsibility of each member of the project team. Include the amount of time key personnel will be involved in the respective portions of the assignment. Respondents are encouraged to supply relevant examples of their professional product. Provide a list of references. The selected tow service companies shall not subcontract any work under the RFP nor assign any work without the prior written consent of the City. H. Affidavit of Nan-Collusion. Proposer must submit a completed and signed, "Affidavit of Non-Collusion." (Copy attached as Exhibit A)- ADD gN DA. CHANGES, AND AMENDMENTS TO THIS SOLICITATION At any time prior to the due date for responses, the City may make charges, amendments, and addenda to this solicitation, including changing the date due to allow respondents time to address such changes. Addenda, changes, and amendments, if made, will be posted on the City's website (www_cityofvemon.org), which is deemed adequate notice. A proposer may make a request to the City's project coordinator to be placed on a list of persons to receive notice of any such addenda, changes, or amendments. The preferred manner of communications Is via a-mall due to its timeliness. 8. CONDITIONS FOR RESPONSES TO RFP The following conditions apply to this RFP process: A. Nothing contained in this RFP shall create any contractual relationship between the respondent and the City. B. This RFP does not obligate the City to establish a list of service providers qualified as prime contractors, or award a contract to any respondent. The City reserves the right to amend or cancel this RFP without prior notice,at any time, at its sole discretion. C. The City shall not be liable for any expenses incurred by any individual or organization in connection with this RFP. D. No conversations or agreements with any officer, agent, or .7- City of Vernon Franchise Tow Fee Program Request for Proposals employee of the City shall affect or modify any terms of this RFP. Oral oommunicafio or any writtenle-mail materials provided by any person other then designated contact staff of City shall not be ^considered bfnding- E. The City reserves the tight. in its sole discretion, to accept or reject any or all Proposals without prior notice and to wafve any mirror irregularities or defects in a Propoaat. The City reserves time fight to seek clarification on a Proposal with any source, i F. The dates, times, and sequence of events related to this RFP shall ultimately be determined by the City. The schedule shown above is subject to change, at the sole discretion of the City, although the City will attempt to follow it and, if it must be altered, will attempt to provide reasonable notice of the changes- G. Respondents shall not issue any news release pertaining to this RFP, or the City without prior written approval of the City. H. Alf submitted proposals and information included therein or attached thereto shall become public record upon delivery to the City Administrator's Office. 9. RIGHT BY THE CITY TO MINDRAWLTHIS REQUEST The City may, at its sole discretion and for any reason whatsoever, withdraw this solicitation at any time. 10. LIVING WAGE ORDINANCE The selected tow service companies shall pay qualifying employees a wage of not less than $10.30 per hour with health benefits, or$11.55 per hour without health benefits- The tow service companies shall also provide qualifying employees at least twelve days off per year for sick leave, vacatlon or personnel necessity, and an additional ten days a year of uncompensated time for sick leave. There shall be a prohibition on employer retaliation against an employee's complaining to the City with regard to the employer's compliance with the living wage ordinance. The tow services companies,and any sub- contractor(s), shall comply with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit"D'of the standard form franchise towing services contract, attached hereto as Exhibit B. Upon the City's request, certified payroll records shall promptly be provided to the City. -8- City of Vernon Franchise Tow Fee Program Request for Proposals 11. STANDARD TERMS AND CONDITIONS Prior to the award of any work hereunder, City and proposer shall enter into the written contract for services attached hereto as Exhibit B. Proposers responding to this RFP are strongly advised to review all the terms and conditions of the Contract. The terra of the Contract shall not exceed three (3)years. 9- City of Vernon Franchise Tow Fee Program Request for Proposals EXHIBIT A AFFIDAVIT OF NON-COLLUSION 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 (Inmt'Sok Owner,'Partner.'Ihssiderl,'Secrewry'.or odor proper iWe) of (been narm of bidder) who submits herewith to the City of Vernon a bid/proposaI; That all statements of fact in such bid/proposal are true; That such bid/proposal was not made in the interest of or on behalf of any undisclosed person, partnership,company,association,organization or corporation; That such bid/proposal is genuine and not collusive or sham; That said bidder has not,directly or indirectly by agreement,communication or oonfetencae with anyone attempted to induce action prejudicial to the interest of the City of Vernon, or of any other bidder or anyone else iniemsted in the proposed contract and fitrther I� That prior to the public opening and reading of bids./proposals,said bidder. { a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham bid/proposal; b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid/proposal, or that anyone should refrain from bidding or withdraw his/her bid/proposal; C. Did not, in any manner,directly or indirectly seek by agreement,communication or conference with anyone to raise or fix the bid/proposaI price of said bidder or of anyone else,or to raise or fix any overhead,profit or cost element of his/her bid/propoeal price,or of that of anyone else; d. Did not, directly or indirectly, submit his/her bid/proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof,or to any individual or group of individus Is,except the City of Vernon,or to any person or persons who have a par nership Dr odw financial interest with said bidder in his/her business. I certify under penalty of perjury that the above information is correct By: Title: Date: March 2013 City of Vernon Franchise Tow Fee Program Request for Proposals EXHIBIT B STANDARD FORM CONTRACT - 1i - I CITY OF VERNON FRANCHISEE TOWING SERVICES AGREEMENT NO. COVER PAGE Franchisee: [insert name of franchisee] Responsible Principal of Franchisee: [insert name, title] Notice Information - Franchisee: [insert name of franchisee] [insert street address] [insert city, state, 2jp 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 D0058 Attention: [insert department head] [insert department head title] Telephone: (323)583-8811 ext. [insert] Facsimile: [insert fax number] Commencement Date: [insert commencement date] Termination Date: [insert termination date] Consideration: Payment is made by Franchisee to City ' pursuant to Section 3 of this Agreement. Payment is made to Franchisee by City pursuant to Section 5 of this Agreement. Records Retention Period [insert number of years contractor must retain records] 1 i March 2035 CITY OF VERNON FRANCHISEE TOWING SERVICES AGREEMENT NO. This Agreement is made and entered into by and between the City of Vernon ("City"),a California charter City and California municipal corporation, and ("Franchisee"), a Police Towing Company with its principal place of business at _ (collectively, the`Parties")to provide for towing services to the city. The Parties agree as follows: RECITALS WHEREAS, Franchisee shall provide police towing services to the City of Vernon as set forth in the Request far Proposal dated Exhibit A and Franchisee's pro ssal Lo the City, ' ('Propos l ] dated Exhibit B 1501h of which are attached.to and incorporated into this Aareernent, by rererence. - - WHEREAS, pursuant to Chapter 48 of the Vernon Municipal Code, Franchisee has applied for a Police Towing Franchise("Franchise'); and WHEREAS, the City Council has held a public hearing for the purpose of hearing persons in favor of or in opposition to the granting of such Franchise; and WHEREAS, the City Council has determined that Franchisee has demonstrated compliance with Chapter 4B of the Vernon Municipal Code and has agreed to comply with all provisions of that Chapter; and WHEREAS, it is required that City and Franchisee enter into a Franchise Towing Services Agreement("Agreemenr)for Police Towing services in the City of Vernon; and WHEREAS, additional conditions have been imposed upon this grant of Franchise. NOW, THEREFORE, the Parties do hereby agree as Follows: Section 1. GRANT OF FRANCHISE. City grants to Franchisee a Police Towing Franchise authorizing Franchisee to engage in the business of Police Towing as set forth in chapter 4B of the Vernon Municipal Code in the City of Vernon and to use the public streets and rights of way for such purpose. This grant is pursuant to the City's Request for Proposal and to Franchisee's proposal for the Franchise. Franchisee is subject to the terms and conditions specified in Section 8.9 of the Charter of the Clty of Vernon,the provisions of Chapter 4B of the Vernon Municipal Code, the terms and conditions specified in all related resolutions, the terms and conditions of this Agreement, the representations and assurances in Franchisee's application for the Franchise. Section 2. TERM OF FRANCHISE. The term of this Franchise granted to Franchisee shall be for three(3) years, from to inclusive. March 2015 Section 3. FRANCHISE FEES. 3.1 During the term of the Franchise. Franchisee shall pay franchise fees to City, which fees shall be assessed from the date on which the ordinance granfing this Franchise bacarr:e effective and In accordance vAth Section 413_$ of the Vernon Municipal Code and any Resolution adopted by the City Council and in such other amounts as are set forth in any subsequent resolutions that may be adopted by the City Council at any time during the term of the Agreement- 3-2 Franchise shall timely pay all required franchise fees to: Finance Department—Director of Finance City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Each payment shall be accompanied by a written statement,verified by the Franchisee or a duly authorized representative of the Franchise, showing in such form and detail as time Director of the Department of Finance may prescribe. the calculation of the franchise fee payable by the Franchisee and such other information as the Director of the Department of Finance may require as material to a determination of the amount due. 3.3 The first payment of the franchise fee will be due on_ and payments shall be due monthly thereafter on the 1 r day of each month. 3.4 When Franchisee remits franchise:fees the City, such franchise fees shall be deemed timely paid only if delivered or postmarked on or before the due date. If fees are not timely paid, Franchisee shall be subject to suspension or termination of the Franchise pursuant to Section 14 of this Agreement and/or to any other penalties which may be established and assessed by the City, including, but without limitation, late fees assessed at the rate of five percent(5%). Section 4. TOWING SERVICES. 4.1 Franchisee shall provide Police Towing services, as set forth in Exhibit A, which is the City's Request for Proposals for Official Police Tow Services, and which includes, but without limitation, strictly adhering to the eligibility requirements, operating regulations, fees schedules, standards for tow truck equipment, sandard rules of operation, response time, inspection, information regarding new or terminated tow truck drivers, tow driver training, and as set forth in Exhibit B which is Franchisee's response to the City's Request for Proposals. All services by Franchisee shall comply will all provisions of federal, state and local law and regulation, including, but without limitation Chapter 4B of the Vernon Municipal Code. 4.2 Franchisee understands and agrees that, although the City is granting it a franchise as a police towing service, the City may requisition towing services from other service providers as set forth in Section 413.12 of the Vernon Municipal Code, or if Franchisee is otherwise unavailable for any reason, in the reasonable discretion of the Vernon Chief of Police and including, but without limitation, suspension or termination of the Franchisee. March 2015 Section 5. RATES, CHARGES AND PAYMENT. 5.1 The rates and charges for towing and storage in connection with this Franchise shall be established by the City Council. The prevailing rates prescribed by the Southern Division of the California Highway Patrol, the Los Angeles Police Department, and the Los Angeles County Sheriff will be considered when establishing these rates. The rate per impound shall be $ and the storage charge shall be $ per day, until otherwise modified by the City Council. A sign showing the approved rates and charges shall be conspicuously posted in the Franchisee's tow office and shall be posted in a conspicuous place in the interior of each tow truck operated by Franchisee. Franchisee shall provide vehicle owners the option of payment by MasterCard and Visa. Franchisee must provide for after-hours releases of vehicles, and may collect an after-hour release fee. As part of the award of franchise the City Council will be requested to establish an after-hours release fee not to exceed '/2 of the impound fee in addition to other established fees. Section B. REPORTS. Franchisee shall file a monthly towing report with the Chief of Police along with payment of its monthly franchise fees. The report shall be submitted to: Chief of Police Vernon Police Department 4305 Santa Fe Avenue Vernon, CA 90058 The report shall include the information required by Section 4B.10(H)of the Vernon Municipal Code for Franchisee and its subcontractors, certified as true and correct under penalty of perjury by a responsible owner or official of the Franchisee. Section 7. FRANCHISEE'S RECORDS- 7.1 The Franchisee shall maintain accurate and complete books and accounts of all revenues and income arising out of its operations under the Franchise and in a manner, which conforms with generally accepted accounting principles. Franchisee's books, accounts and records, arising out of or related to its operation under the Franchise. shall at all times be open to inspection, examination and audit by authorized officers, employees and agents of the City. Such records shall be kept at franchisee's place of business shown in this Agreement for receipt of notices. 7.2 Franchisee shall require its subcontractors, if any,who perform Police Towing services in connection with the Franchise to keep and maintain books of account and other records showing all business transactions conducted by such subcontractors in oonnection with the Franchise. Franchisee agrees to use its best efforts to avoid duplication of reporting between Franchisee and its subcontractors. Section 8. TOW VEHICLE AND DRIVER REPC)RTING QQMPUANCE. AND IDENTIFICATION. I 8.1 Franchisee shall maintain on file with the City, a complete and accurate listing of every vehicle operated by Franchisee for police towing services. Franchisee shall certify, in a form acceptable to City, that every such vehicle conforms with regional and State March 2015 vehicle emission standards('emission standards"), and shall provide documentation of compliance on written request of the City. Franchisee understands and agrees that failure to conform with emission standards may result in suspension, termination or non-renewal of a Franchise. 8.2 Every vehicle operated by Franchisee and for Police Towing services in the City shall bear the following identification: Franchisee's trade name, monogram or insignia, the Franchise vehicle number, together with Franchisee's telephone number painted upon both sides of the vehicle. All lettering mentioned in this paragraph shall be not less than 2-114" in f height and not less than 5/6"stroke. The Franchisee agrees to remove the Franchise vehicle number and all other information within 30 calendar days after the Franchise is terminated or the vehicle is sold, transferred or taken out of service. 8.3 Franchisee shall file with the Vernon Police Department, the name, address, date of birth, drivers license number, and all identification required of any tow unit driver working for franchisee, whether as an employee or as a contractor,which information shall be filed not later than ten (10)business days following the effective date of employment or engagement. Franchisee shall also notify the Vernon Police Department within ten (10) business days of the following occurrences: the license suspension of any tow unit driver, and the end of employment, or engagement, of any tow unit driver with Franchisee. Section 9. INDEMNIFICATION OF CITY. 9.1 Franchisee shall indemnify and hold the City harmless from and against any and all loss, damages, liability, claims, suits, costs and expenses, fines, charges or penalties whatsoever, including reasonable attorney's fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner related to the services provided or business conducted under Chapter 4B of the Vernon Municipal Code or otherwise pursuant to this Agreement. 9.2 Franchisee shall indemnify the City, defend with counsel approved by the City, protect and hold harmless the City, its officers, employees, agents, assigns, and any successor or successors to the City's interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damage, punitive damages, injuries, costs, response, remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines and charges, penalties and expenses (including, but not limited to, attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, the City or its officers, employees, agents or the Franchisee arising from or attributable to any repair, remediation, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, or closure or other plan (regardless of whether undertaken due to governmental action)concerning any hazardous substance or hazardous waste at any place where the Franchisee stores or dispose of solid or hazardous waste. The foregoing indemnity is intended to operate as an Agreement pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 United States Code Section 9607, and California Health and Safety Code Section 25364, and any successor provisions, to insure, protect, hold harmless, and indemnify the City from liability. March 2015 Section 10. INSURANCE REQUIREMENTS. 10.1 Franchisee shall, at its sole cost and expense, procure and maintain in full force and effect, throughout the term of this Agreement, inclusive of any renewal term granted by City, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services hereunder by the Franchisee, its agents, representatives, employees or subcontractors. Franchisee shall procure and maintain insurance policies of the types and meeting the requirements set forth below, and shall provide to the City a Certificate of Insurance, or other such evidence reasonably acceptable to the City, verifying the existence of such policies: 10.2 Minimum Sg 2 of Insurance Coverage. Franchisee shall procure and maintain policies of insurance with minimum scopes of coverage AT LEAST as broad as the following: (a) Comprehensive General Liability Insurance. (b) Comprehensive Vehicle Liability Insurance. (c) Workers'Compensation Insurance as required by the State of Califon is and Employer's Liability Insurance. 10.3 Minimum Limits. Vendor shall maintain insurance with minimum limits NO LESS THAN the following, (a) General Liability of Two Million Dollars($2,000,000)for each occurrence and in the aggregate, combined single limit, against any bodily injury, death, personal injury, or property damage. In Comprehensive General Liability Insurance or other form in which a general aggregate limit is used, the general limit shall apply separately to this Agreement or the general limit shall be TWICE the required occurrence limit. (b) Automobile Liability of One Million Dollars($1,000,000)per accident for bodily injury and property damage. (c) Garage Keepers Legal Liability coverage with minimum limits of Two Hundred Fifty Thousand Dollars ($250,000)per occurrence. (d) Employer's Liability of One Million Dollars($1,000,000)per accident for bodily injury or disease. (e) Worker's Compensation and Employers Liability Insurance in an amount required by law. 10A Deductibles, Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, Franchisee shall either; (a) Reduce or eliminate such deductibles or self-insured retentions as respect to the City, its elected and appointed officials, officers, employees, agents, representatives,attorneys,and volunteers; OR (b) Procure a bond, guaranteeing payment of losses and related investigations,claim administration and defense expenses. March 2015 10.5 Required Endorsements. All of the policies required by this Agreement shall contain, or be endorsed to contain, the following provisions: (a) City, its elected and appointed officials, officers, employees, agents, representatives, attomeys and volunteers shall be named as additional insured parties, and the policies shall specifically state that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement. (b) The insurance coverage provided by the Franchisee shall be primary to any coverage available to the City. Any insurance or self-insurance maintained by City, its officers, officials, employees or volunteers shall be in excess of Franchisee's own insurance and shall not contribute with it. (c) The insurance policies shall contain no special limitations on the scope of protection afforded to the City, its elected and appointed officials, officers, employees, i agents, representatives,attomeys or volunteers. Further,the policies shall expressly waive the right of subrogation against City, its elected and appointed officials, officers, employees, agents, representatives, attorneys or volunteers. G 5 (d) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its elected and appointed officials, officers, employees, agents, representatives, attomeys or volunteers. 1 (e) The insurance coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's ` liability. (f) Each insurance policy required by this section shall be endorsed to state that coverage SHALL NOT be suspended, voided, and/or canceled by either party, and that there shall be no reduction in the amount of coverage or in the limits applicable thereto EXCEPT after thirty(30)days prior written notice has been given to the City, said written nonce to be delivered by U.S. Certified Mail, Return Receipt Requested � addressed to the City Attorney and City Finance Director. (g) In its sole discretion, the City may waive all or some portion of the above referenced insurance if such waiver is in writing and executed by City's Finance Director. 10.6 Required Insurance Rating. Any insurance policy required by this Agreement shall be placed with an insurer admitted in the State of California with a current A.M. Best's rating of NO LESS THAN B+:ViI in the latest edition of Best's Insurance Guide. f 10.7 Original Certificates Required- At all times during the term of this Agreement, Franchisee shall maintain on file with the City's Finance Director a certificate or certificates of insurance. Said certificate or certificates of insurance shall show that the aforesaid policies are in effect in the required amounts and shall contain each of the endorsements as set forth in Section 10.3. Franchisee shall, prior to commencement of work under this Agreement, file with the City Finance Director the original certificates effecting coverage required by this section of this Agreement The endorsements are to be signed by the person authorized by that insurer to March 2015 bind coverage on its behalf. The endorsements are to be received and approved by City before Franchisee commences operation under the terms of this Agreement 10.8 Failure to Maintain Recuired Insurance. Franchisee agrees that if it fails to keep the aforesaid insurance policies in full force and effect the City may,at its sole option, either(i) immediately terminate this Agreement or, (ii) if insurance is available at a reasonable cost, the City may take out the necessary insurance and pay, at Franchisee's cost and expense, the premium thereon. Section 11. TERMINATION AND SUSPENSION. The City may terminate this Agreement, without cause, by giving the Franchisee thirty(30)days written notice of such termination and the effective date thereof. The City may terminate this Agreement,with cause, by giving the Franchisee(10) days written notice of such termination and the effective date thereof. Cancellation for cause shall be at the discretion of the City and shall be, but is not limited to, failure to supply the materials, equipment or service specified within the time allowed or within the terms, conditions or provisions of this contract. The Franchisee may not cancel this Agreement without prior written consent from the Vemon Chief of Police. Section 12. TEMPORARY SUSPENSION. In addition to termination or suspension as set forth in Section 11, above, the Chief of Police may temporarily suspend any Franchisee without a hearing, whenever the oontinued operation by the Franchisee would constitute a danger to public health, safety,welfare or public morals, including,without limitation,where there is a failure to maintain the minimum levak and standards of liability insurance or claims reserve or failure to keep in full force and effect any applicable licenses or permits required by federal, state, local law, or regulation. The notice of temporary suspension may be personally delivered to the party named and to the address given on the application pursuant to which such Franchise was issued and to the notice address stated herein, if different, or, mailed by registered or certified mail to the party named at the address given on the application pursuant to which such Franchise was issued and to the notice address stated herein, if different, Notwithstanding other notice provisions of this Agreement, the temporary suspension is effective upon the earlier of either receipt or the expiration of 3 days from the date of mailing. The notice of temporary suspension shall include a notice of the date and time for termination hearing and all other information required by the Vernon Municipal Code. The temporary suspension shall remain effective until the decision on suspension or termination is made unless the suspension is lifted by written notice of the Chief of Police. Section 13. ACCEPTANCE,WAIVER. Franchisee agrees to be bound by and comply with all the requirements of Chapter 4B and this Agreement. By entering into this Agreement, Franchisee waives, to the maximum extent permitted by haw, Franchisee's right to challenge the terms of this Agreement and of Chapter 4B under federal, state or local law, or under administrative regulation, as such laws and regulations exist as of the date of signing of this Agreement. Section 14. GENERAL TERMS AND CONDITIONS. 14.1 INDEPENDENT STATUS. It is understood that in the performance under this Agreement, Franchisee shall be, and is, an independent operator,and is not an agent. March 2015 contractor,or employee of City and shall famish services in its own manner and method. Further, Franchisee has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Franchisee in its business operations. Franchisee shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, including compliance with social security, withholding and all other wages, salaries, benefits, faxes, exactions, and regulations of any nature whatsoever, 14.2 FRANCHISE NOT AGENT. Franchisee and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise. 14.3 WAIVER. The City's waiver of any term, condition, breach or default of this Agreement shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived 14.4 NC ASSIGNMENT, The Franchisee shall not assign or transfer any interest in this Agreement without the express prior written consent and approval of City Council. 14.5 COMPLIANCE WITH LAWS. Franchisee shall comply with all Federal, State, County and City laws, ordinances, resolutions, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof. 14.6 ATTORNErS FEES, If any action at law or in equity is brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attomey's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. 14.7 INTERPRETATION, 14.7.1 Applicable Law. This Agreement, and the rights and duties of the parties hereunder(both procedural and substantive), shall be governed and construed according to the laws of the State of California. 14.7.2 Entire Agreement. This Agreement, including any Exhibits attached hereto and any documents explicitly referenced herein, constitutes the entire agreement and understanding between the parties regarding Its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (written or oral). 14.7.3 Written Amendment. This Agreement may only be changed by written amendment signed by Franchisee and the City Administrator or other authorimad representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Agreement shall be of no force or effect, 14.7.4 S_everability. If any provision in this Agreement is held by any court of competent jurisdiction to be invalid, illegal,void, or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Agreement. March 2015 14.7.5 Choice of Forum. The parties hereby agree that this Agreement is to be enforced in accordance with the laws of the State of California, is entered into and is to be performed in the City of Vernon and that all claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum. 14.7.6 Order of Precedence. In case of conflict between the terms of this Agreement and the terms contained in any document attached as an Exhibit or otherwise Incorporated by reference, the order of precedence is as follows: Charter the City of Vernon, the Vernon Municipal Code, the ordinance granting this Franchise, resolutions of the City of Vernon this Agreement, the City's Request for Proposals for Official Police Towing Services, and Franchisee's Response to the City's Request for Proposals for Official Police Towing Services. 14.7.7 Duplicate Originals. There shall be two (2)fully signed copies of this Agreement, each of which shall be deemed an original. 14.8 AUTHORITY OF FRANCHISEE. The Franchisee hereby represents and warrants to the City that the Franchisee has the right, power, legal capacity and authority to enter into and perform Its obligations under this Agreement, and its execution of this Agreement has been duly authorized. Section 16. ADDITIONAL ASSURANCES. 15.1 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Franchisee certifies and represents that, during the performance of this Agreement, Franchisee and any other parties with whom it may subcontract shalt adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, marital status. Franchisee further certifies that it will not maintain any segregated facilities. Franchisee further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit"C". 15.2 BUSINESS LICENSES. Franchisee shall obtain,and pay any and all costs associated therewith, any Vernon Business License, which may be required by the Vernon Municipal Code and all permits, and licenses applicable to Franchisee's operations under this Franchise, which are required of Franchisee by any governmental agency. 15.3 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Franchisee's records to the extent the City deems necessary to insure it is receiving ail money to which it is entitled under the Agreement and/or is paying only the amounts to which Franchisee is properly entitled under the Agreement or for other purposes relating to the Agreement. The Franchisee shall maintain and preserve all such records for a period of at least 3 years after termination of the Agreement. The Franchisee shall maintain all such records in the City of Vernon. If not, the Franchisee shall, upon request, promptly deliver the records to the City of Vernon or reimburse March 2015 the City for all reasonable and extra costs :ncurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City)expenses for personal, salaries, private auditors, travel, lodging, meals and overhead. 15.4 CONFLICT. Franchisee hereby represents warrants and certifies that no member, officer or employee of the Franchisee is a director, officer or employee of the City of Vernon, or a member of any of its boards, commissions or committees, except to the extent permitted by law. Section 16. LIVING WAGES. Franchisee, and any subcontractor(s), shall comply with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit'D'. Upon the City's request, certified payroll records shall promptly be provided to the City. Section 17. NOTICES. Except as otherwise provided in this Agreement, all notices required by this Agreement or by Chapter 48 of the Vemon Municipal Code shall be given by personal service or by deposit in the United States mail, postage pre-paid and return receipt requested, addressed to the parties as follows- To City: Chief of Police Vernon Police Department 4305 Santa Fe Avenue Vemon, CA 90058 Copies to: Director of Finance City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Franchisee: Notice shall be deemed effective on the date personally served or, if mailed, three days the date deposited in the mail. [Signatures Begin on Next Page]. March 2015 i IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date set forth below. City of Vernon, a Carrfornia charter City [FRANCHISEE'S NAME, a (State and California municipal corporation incorporated in]corporation DATED: DATED; b v'. By; Mayor I Mayor Pro-TernName: Title: ATTEST: By: _ _ Name: Maria E.Ayala, City Clerk Title- APPROVED AS TO FORM: Hema Patel, City Attorney March 2015 EXHIBIT A REQUEST POR PROPOSALS M March 2015 I EXHIBIT B FRANCHISEE'S PROPOSAL March 2015 EXHIBIT C THE 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 shell, 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. March 2015 EXHIBIT D LIVING WAGE PROVISIONS Minimum Uyina Wanes: 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- March 2015 EX�I�'1� B EXHIBIT B FRANCHISEE'S PROPOSAL PROPOSAL FOR CITY OF VERNON FRANCHISE TOW FEE PROGRAM -756 5 f Submitted by: Jimmy Sandhu H.P.Automotive & Tow, Inc. 7300 Roseberry Ave. Huntington Park, CA Te I: 323-583-1831 THE CONTENTS HEREIN CONTAINED IN THIS PROPOSAL ARE HIGHLY CONFIDENTIAL AND ARE INTENDED ONLY FOR AUTHORIZED READERS AND THE INTENDED PURPOSE. ORIGINAL TABLE OF CONTENTS 1. Cover Letter 2. Proposal: Pages 1-20 A. Introduction B. General Scope of work C. Work Plan D. Fees and costs E. Ability of the proposer to Perform 3. Attachments (Exhibits A - E) 4. Affidavit of non-collusion Cover Letter H.P.AUTOMOTIVE & TOW, INC . -- - POLICE LVIPOC AD &S TORA GE SERVICE Light- Medium - Heavy 7300 Raseberry- Ave. Huntington Pawl:, CA 90255. Tel: 323-583-1831 April 15,2015 City of Vernon Attn: Non. Mayor, Members of City Council, City Manager and Police Department Attention: Captain Michael Gillman RE: REQUEST FOR PROPOSAL FOR A FRANCHISE TOW FEE PROGRAM Dear Sir/Madam: H.P. Automotive & Tow, Inc. (hereafter "H.P. Tow") is pleased to respond to the City of Vernon request for Franchise Tow Fee Program; by and through its officers, including the authorized contact representative for H.P. Tow for this process, Mr. Jimmy Sandhu, President, whose contact information is listed above. Since 1966, H.P. Tow has been providing excellent towing and storage services for a number of local municipalities and government agencies. Some of our current government agencies are The Department of Homeland Security, California Highway Patrol, Los Angeles County Sheriff Department (Compton, Century, East LA Sheriff), LA Metro Sheriff, LA County Sheriff Task Forces for regional auto theft prevention, Transit Services Detail, Transit Services Bureau), Huntington Park Police, South Gate Police, Vernon Police, Bell Gardens Police, Bell Police, Lynwood Parking and Commerce Parking Enforcement Division, Burlington Northern Santa Fe Police, and Los Angeles School Police. Given our extensive background in serving a large number of agencies, we are very confident that we will fully meet or exceed all the expectations set forth in your Franchise Tow Fee Program. Our list of current clients speaks clearly as to our services, commitment and dedication to those who we serve and we shall provide the same quality of services to the City of Vernon. We are currently serving the City of Vernon since 1972. Our staff has developed a strong relationship with the City Staff and the Police department for the last 43 years and if given the opportunity, we will continue to serve the City with the same high level of services. We fully understand the scope of services and general duties required by this Franchise Tow Fee Program including the franchisee's compensation, franchise fees, facility requirements, operating equipment requirements, well trained personnel, adequate insurance, ability to secure customer property and required experience. We further understand the importance of and agree to perform rapid responses to tails, continual towing services and to maintain complete, adequate towing and storage facilities and accurate Il.P.AL}TOMOTIVE & TOW, INC. POLICE IMPOUND &STORAGE .SERVICE Light - Medium -Heavy -- 7300 Roseberry Ave. flu atington Park, CA 9025a. Tel: 323-5583-1831. records: understand and accept all the aspects of the contract terms, vehicle release fees and other procedures, rules and regulations, as well as the required City fees, assessments and payment of such to the City. in addition, we welcome the City's thorough investigation, and agree to fulfill all of the above terms, guidelines, and requirements as set forth in the Franchise Tow Fee Program, and shall continue operating in full compliance with specific rules governing official police garages and any other applicable rules and regulations whether they are federal, state, county, special district or city, or which may be incorporated as part of the contract. In addition to our 24 hours traditional towing, storage and lien sale services provided to our clients, we are also committed to serving the community. We participate generously in several community events, law enforcement events and nonprofit organizations giving back to the community. If awarded this contract, we will continue to maintain a high level of involvement and support for the City of Vernon and its citizens. This cover letter is included as part of the response to the "Franchise Tow Fee Program"for the City of Vernon and, as the authorized representatives, we hereby certify that we are authorized to bind the company to all commitments made in this proposal, that we are authorized to execute this letter, agreeing on behalf of H.P. Automotive & Tow, Inc. to the assurance, certifications, and compliance requirements as stated in this Franchise Tow Program and to the best of our knowledge, every part of this proposal is true and correct. Our proposal shall remain open for one year from April 15, 2015 to April 15, 2016. We will not be utilizing any sub contractor with this proposal. We sincerely thank for the opportunity and serious consideration given to our firm and we look forward serving the City of Vernon. In closing, it has been our honor and pleasure to serve the City of Vernon for last 43 years. Please feel free to contact us should you have any question or concern in this process. Respectfully, . imrny Sandhu President/C.E.0 Introduction: [A] INTRODUCTION: [A] H.P. Automotive & Tow, Inc. was founded by Mr. John Malone in the early 1950's, and the company was named after the City of Huntington Park, where it first began its operations. Initially, Mr. Malone started with one used tow truck, no employees, no yard, no phone number and no private or government agency contracts. As the business began to slowly grow with private tow service calls, the company eventually was incorporated in 1966 as a California corporation. Mr. Malone continued to work on building this business and then eventually retired in 1984. In 1984, a retired Utah Sheriff s Officer, Mr. Terry Dean Hoskins, whose father was a manager with Mr. Malone, purchased the company. Mr. Hoskins then began to further build on this established business and added new facilities and obtained new government contract work. Mr. Hoskins had many successful years and maintained a reputable operation for nearly twenty years. In 2002, Mr. Hoskins retired and sold the business to two brothers, Mr. Jimmy Sandhu and Mr. Sukhbir Singh. When these two brothers took over this operation, they knew that they had to invest substantial capital into this business, in order to redefine it as a modem operation and a leader in the industry. These new owners purchased a new fleet of trucks, improved the facilities, bought new equipment, improved the operations infrastructure by adding new technology, and hired more qualified employees. In doing so, H.P. Automotive & Tow, Inc. Inc. has become a state of the art Official Police Garage operation and has become a great employer for the communities it operates in last 49 years. Due to their hard work, investment, professionalism, the company has grown substantially over the years. Today, H.P Automotive & Tow, Inc. continues to grow and has become the most reliable source for towing and storage operation in Los Angeles County. Our understanding of the assignment: We have served and established a strong working relationship with the City of Vernon for last 43 years. Having served for a long period of time, we have a great understanding about the requirement of the City in terms of 24 hours of towing, storage, evidentiary & impound services, 24 hours customer assistance and release window, secured facilities, professional staff, rapid response, modem equipments & technology, full capacity to handle workload-light, medium, heavy duty vehicles, bilingual staff and community involvement. Significant steps: We have dedicated drivers, phone line, trucks and facility specifically assigned for the City of Vernon to handle the workload efficiently 24 hours a day seven days a week including holidays. In the last 49 plus years, we did not have had any performance issues, or any major insurance claim, or any small claim law suits. Our dedication, integrity, successful operations, professional team members, and proactive management have taken us where we are today and have become a reliable source for an official police garage in the area. Method and procedures: We have very systematic and sophisticated operating standard procedures for the company. We have advance and vigorous training programs for drivers, dispatchers and supporting staff members. Most of our 1 of 20 staff members have been with us for a long time and are well aware of company's strict rules and regulations. All our trucks, facilities and training programs meet the highest standard in terms of safety, response time and customer satisfaction. Our fleet is periodically inspected by California Highway Patrol, LA County Sheriff Department, local police agencies and by in house staff members. We do thorough background screening for all our employees' recruitment. All our tow trucks are modem, fully equipped and comply with California codes. All of our facilities are properly secured and protected in order to avoid theft and/or trespassing on to our facilities. We maintain 24-hour video camera surveillance and random inspection by our on-duty staff. Regardless of the value of an impounded vehicle, all vehicles are treated equally and receive proper protection and safekeeping. Maintaining properly trained, loyal and courteous employees is essential. All of our drivers and dispatchers receive intense training by a retired CHP Officer and J.J. Keller & Associates. Our drivers and dispatchers are also sent out to the California Tow Truck Association (hereafter CTTA) for certification. Once certifications are attained, drivers are further trained on a one on one basis by one of our experienced staff members. In addition, we conduct in- house classes for all our employees on essential educational matters. One of our hiring policies; is to hire employees with at least 3 years of experience in the field for which they are being considered. We conduct weekly meetings with key personnel and monthly meetings with our staff in order to periodically evaluate our operation and our performance as a whole. This leads to performance excellence in our operations as we are able to resolve issues and establish new guidelines in order to better serve our clients and our operation. Developing a strong relationship with police agencies and their staff is one of the approaches our management takes into serious consideration, We recognize that a major area in our performance is to serve the government agencies we are contracted with and to understand those agencies' goals and objectives. We place the top priority to the government agencies requests for services. We strive to keep all of our employees fully trained and certified in all applicable areas of our operation. Our training program is very specific for all of our drivers and includes training for our non- driver personnel. Some of our training is conducted in-house by our senior staff members and other training is contracted with other top providers. We require that o u r drivers and other personnel obtain the proper certifications in their given area of employment. It is our firm belief that well trained, informed and certified employees are the essential part of our operations, Excellence is something that comes with experience in dealing with very diverse communities and highly congested environments. With all the challenges in our industry, we are still maintaining the highest level of performance and satisfaction deserves by our clients. We have been delivering professional services on time within our budget for 43 years and we will continue to improve our level of services, facilities and operations as we go into the future, (Please see Exhibit—A in attachment section) 2of20 General Scope of Work: [B] GENERAL SCOPE OF WORK: [ B] We are currently working with many government agencies, and providing with high level services at all times in Los Angeles County area from our main office Huntington Park, California and several satellite facilities located within our geographic working area. We provide comprehensive tight, Medium, and Heavy duty towing, impound and storage services as well as road side assistance 24 hours of day, 7 days a week. In general, we have provided extensive tow services since 1966 for many government agencies and general public. Below is the list of agencies that we serve: ➢ Homeland Security ➢ California Highway Patrol (South Los Angeles Area) ➢ Los Angeles County Sheriff Department(Compton, Century, and East LA station) ➢ Huntington Park Police Department. ➢ Vernon Police Department. ➢ Bell Gardens Police Department. ➢ Bell Police Department. ➢ South Gate Police Department. ➢ Los Angeles School Police Department. ➢ Burlington Northern Santa Fe Police Department(BNSF) ➢ Lynwood Parking Enforcement ➢ Commerce Parking Enforcement We also offer full services to corporate and private sector clients. Some of them are listed below. ➢ Automotive Repair Shops ➢ Auto Dealerships ➢ Equipment Transportation ➢ Road Side Assistance: Tire Changes, Jump Starts, Lockout, Pull Start, Recovery, Fuel Delivery, Vehicle Loading and Unloading, Disablement, etc. ➢ Local and Long Distance Towing ➢ Private property towing -C.V.C. 22658(A) ➢ Loading and unloading vehicles ➢ Long term storage small, medium and heavy duty vehicles Demographic service area &our strategic locations: We are serving nearly 2 million residents in highly dense and diverse communities and interact with over 1500 police officers and supporting staff members on a monthly basis. In addition to that we also work closely with 300 elected government officials in our service area. This exposure has given us a rare experience and knowledge making us as a leader in the towing industry. The proposed operation runs 24 hours 7 days a week. Serving the city of Vernon has been such a pleasure that we have developed unique relationship and systematic approach to fulfill and exceed all the towing needs by the City of Vernon. The City has an area of 5.12 square miles, a population of approximately 114 residents and over 45,000 visitors during the day. We are well aware of the towing & storage workloads 3 of 20 and requirements of the police departments. On an average, Vernon Police Department (VPD) impounds and stores approximately 85 vehicles per month. Based upon the VPD needs, we have established a permanent satellite facility at 2623-2625 East 56th Street, Huntington Park, CA 90255 which is half a mile away from the City boundary. We utilize this location exclusively for the City of Vernon for dispatching our tow trucks, for storage, and for impounds. We also have additional satellite facility at 1831 East 65h street, Los Angeles, CA 90001 which is a 1.5 mile away from the city boundary. In addition to the above two satellite facilities, our main office is located at 7300 Roseberry Avenue, Huntington Park, CA 90255 which is about 2.5 miles away from the City boarder. All these resources have made us extremely prepared for the City requirements at all times. Business information summary: Business Name H.P. Automotive& Tow, Inc. Business Head Quarter 7300 Roseberry Avenue, Huntington Park, CA 90255 Business Tel-Fax-Web Tel:323-583-1831, Fax: 323-583-3322, Web: www.hptow.com Year incorporated in CA 1966 Corporation Registration ID C0518421 Corporation Primary Agent Jimmy Sandhu Business Type Providing Police Towing, Impounds, Storage, Lien Sales, and related services in full capaciN of Light, Medium and Hea du vehicles, Business Annual Revenue Approximately 3 million Business hours 24 hours for services 7 days a week includin holidays Normal business hours 7 am to 7 pm for customer assistance and vehicle release process After hour Qate fees During at night generally from 7 pm to 7 am Public auction time and day Every Friday from 12 afternoon to 3 pm Years of government contract 49 Years experience Combined experience of a Over 200 years team members Number of fleet 12 tow trucks, 1 service unit, 1 mobile unit, 6 forklifts- Evidentiaa capacity i 30 vehicles at any time Average monthly tows 1 850-1000 Storage capacity j Over 800 vehicles at any time Annual total tows, Impounds Approx.10,000 Average response time Under 15 minutes Estimate area of coverage 35 square miles with over 2 million residents Average number of employees 22 to 32 with full time, part time and tern ora labor Total facilities . 1 Primary and 3 satellites Facilities square footage 5 acres (approx) 4 of 20 Corporate Values: It is our fundamental belief that a business must have a set of ethics and accountability that guides it through its business purpose. We consider all the various entities and persons that we serve on a daily basis to be unique and deserving of our highest consideration. Furthermore, we respect the dignity and recognize the merit of all individuals involved in our enterprise. As a result, we are dedicated to following our values of ethical operations, performance with integrity, and being fully accountable for our actions. Implementation Plan: We are committed to providing professional, prompt, damage-free towing and roadside assistance, storage, evidentiary holds, and release services with a promise to making customer service, customer satisfaction and superior work quality our top priority. Our commitment begins at the top of our company chain and is relayed to all personnel and is expected as a mandatory objective of our operations. We empower our employees to make changes that are positive to our company and which enhance the satisfaction of our customers. in addition, we support our employee's proactive objectives which allow our company to expand and progress. Allowing our employees to have the ability to influence how H.P. Automotive & Tow, Inc. operates, maintains a positive morale and demonstrates their importance and commitment to our daily operations. Customer Satisfaction: As an Official Police Garage facility, we understand the challenges in providing customer service and customer satisfaction. We firmly believe that in order to gain respect and common courtesy, respect and courtesy must first be given. Our staff is fully trained to understand the complexities of our customers' emotional states when they arrive at our facilities. Therefore, a properly trained and experienced employee is the key to effective customer satisfaction. Our objective is to be respectful and to provide courteous service to our customers. We strive to provide friendly customer facilities, bilingual speaking staff, efficient equipment and rational procedures in order to serve our customers professionally and efficiently. We view everyone living in our service area as a potential customer, friend and neighbor. Our goal and desire has been and will continue to be a business that is an integral part of a community which takes the necessary steps to help our community meet its local needs. Our 49-year journey and history in this industry has been a long and committed one and are always open to public feedback. Performance Excellence: We have faced several challenges in our long years in this industry, but have always maintained a widely respected level of performance excellence within our industry standards. We believe that modem equipment, a professional trained staff, cutting-edge technology, and our committed relationship with our community and police agencies have all -been guiding points to our level of excellent performance over the years. The following is a summary of the most important factors that we take into consideration when it comes to performance excellence in our operations. We keep ail tow trucks modem, fully equipped; maintain annual inspections by the CHP, daily random inspections by our staff and periodic inspections by other agencies. Generally, we replace our light duty equipment prior to 150,000 miles and heavy duty trucks 500,000 miles. In addition: » All of our facilities are properly secured and protected in order to avoid theft and/or trespassing on to our facilities. We maintain 24-hour video camera surveillance and random inspection by our on-duty staff. » Regardless of the value of an impounded vehicle, all vehicles are treated equally and receive proper protection and safekeeping at all times. » All of our drivers and dispatchers receive vigorous training in all aspects of their job duties. Our drivers and dispatchers are also sent out to the Califomia Tow Truck Association (hereafter CTTA) for certification, Once certifications are attained, drivers are further trained on a one on one basis by one of our experienced 5 of 20 staff members. In addition, we conduct in- house classes for all our employees on essential educational matters. n Developing a strong relationship with police agencies and their staff is one of the approaches our management takes into serious consideration. We recognize that a major area in our performance is to serve the government agencies we are contracted with and to understand those agencies' goals and objectives. We always give priority and special attention while serving our law enforcement agencies. Training and Safety Standards: At H.P. Automotive & Tow, Inc., we strive to keep all of our employees fully trained and certified in all applicable areas of our operation. Our training program is very specific for all of our drivers and includes training for our non-driver personnel. Some of our training is conducted in-house by our senior staff members and other training is contracted with other providers. We contract with California Tow Truck Association, J. J. Keller& Associates, Inc. and a retired C.H.P. officer. Our goal has always been to maintain a cohesive relationship with our employees and to assist them in bettering their potential in this industry. In evaluating the qualifications of our personnel, we take into consideration the following qualities: • Prior experience in the area of objective Knowledge and educationlcertification in area Comprehension of the objective • Professional interaction with law enforcement • Ability to handle the assignments efficiently • Personal interest in this industry and motivation to advance personal and social interaction with co-workers, customers and general public • Performing the duties with honesty and integrity • Self motivated and self discipline and wish to make a career in the industry • Share the management vision in terms of quality of service, work ethics, skill sets and honesty. We believe in giving everyone a fair and equal chance when it comes to recognitions and promotions based upon their work ethics and dedication. Our training programs include the following areas: D. DISPATCHING SUPPORT RE01AREMENTS FOR DRIVERS ■ Professional Driving ■ Vehicle release ■ Drug testing 2 ■ Forklift Safety ■ General Dispatch times a year. Awareness ■ Safety in the Workplace ■ Enrolled in random ■ Safety in Equipment ■ Customer Satisfaction drug testing. ■ Safety in the field. ■ Dispute Resolution ■ Enrolled in DMV ■ Risk Management ■ Reporting/Finance pull notice ■ State Compliance ■ Data Management program. ■ Roadside Service ■ Vehicle and ■ Live scan finger ■ General tow training Equipment printing annually 6of20 ■ Vehicle Impounds Maintenance Updating drivers ■ Vehicle Recovery ■ Personnel Policies general towing ■ Booking Personal Property Lockout Procedures policies every ■ Substance Abuse ■ Evidentiary Hold Procedures month. Awareness ■ Administrative Rules and Procedures Dispatcher and Drivers Training: Drivers receive training in proper operation of all equipment. Proper operation includes but is not limited to safety, maintenance, application of procedures and compliance with regulatory requirements. Well maintained equipment and well trained drivers guarantee the safety of our personnel and the general public. Our dispatchers and office personnel are extensively trained in customer service issues and in properly dealing with agency requests. All of our employees are trained in dealing with customers who may have an elevated emotional state. We strive to comfort those who are upset due to the given circumstances and to focus on dealing with issues rationally. In addition, employees are all trained in our communication and technology systems in our office. Proper and professional communication with our clients, our agencies, and our drivers is essential to maintaining an effective operation. All of our personnel receive extensive training in safety issues. Some of the safety training applies specifically to the operation of equipment and roadside assistance. Other safety training programs deal with workplace safety and the safety of our customers and their property. Safety compliance is not only applicable to our drivers; it is applicable and required of all our personnel. H.P. Automotive &Tow, Inc. has and will continue to invest in the training of its personnel. This investment provides a positive return for our company, our clients, our customers and our employees. Probation period for new drivers: It is our firm belief that well trained, informed and certified employees are the essential part of our operations. Normally all our drivers bring minimum 3 years of experience before they are hired and they have basic skills and knowledge about tow industry. Once they are hired, they will be given a new uniform, necessary tools, training manual, company policies and procedures, and proper equipment with tools for them to drive. In the first two weeks every new driver will drive along with a senior driver and senior driver will monitor the knowledge and skills and report to Shift Supervisor and General Manager. After the 90 days we do full evaluation on driver's abilities to handle the workload efficiently. Police Impound handling process: To successfully run the operation, we have advance towing software system which we utilize during dispatch process. We use Towing Activities Support System (TASS) which is highly reliable, secured, and user friendly. Once we receive the call, we will deploy one of our skilled drivers with the truck closest to the scene under 15 minutes for light duties and 30 minutes for heavy duty calls. We use GPS device in all our trucks to respond quickly. Our dispatcher documents the time received, time dispatched, arrival time at the scene, our driver in tow with the vehicle. Drivers will follow the directions from the officer at the scene before they clear the scene with all the written authorization CHP 180 form. Driver also carries absorbent 7 of 20 for T.0 vehicles in case they have to clean up the basic oil spill, radiator leak or minor debris at the location. Once the driver clears the street flow they will then proceed back with the vehicle to our facility for safe keeping of the vehicle. Once the drivers in tow with vehicles,they will secure the vehicle safely. Drivers turn 180 CHP form documentation paper work with full verification of license plate, VIN verifications and submitted to our dispatchers on duty at our location for proper safe keeping and data recording into our system. Dispatcher monitors these calls and work very closely with our clients and our drivers throughout our operation. Once the vehicle is dropped off at our secured facility, all the vehicles will be parked accordingly based upon the police request. Our trained staff members will sort them out by size, duration, inside requirements in case hold for evidentiary purposes. They also book all the valuable property in a secured safe and documents on CHP180 form. Dispatcher also write on the front left windshield indicating the agency name who authorized the tow, driver's name who tow the vehicle into our facility, date of incident. We also take extra steps such as roll up all the windows, set the emergency brakes for the safety reasons. Vehicle releasing process: Our dispatchers are well trained in handling the vehicle release process. They are standing by to assist the customers in the vehicle releasing process 24 hours day, 7 days of a week including holidays. On an average we release 25 to 30 vehicles a day. Prior to releasing the vehicles, we will carefully verify all the documentation and charge the appropriate amount to the customers. We will record all the monetary transactions, process payments, create computer generated invoices on tow charges and fees, and also release the valuable properties to the registered owners as needed. The copy of the invoice will be given to the customers upon collecting all the due charges for the services rendered. Our record is maintained for 7 years period. Lien sales procedure and public auction: We have been selling our unclaimed vehicles exclusively through public auctions. Our auction team is fully trained and experts in the lien sale process. All of our unclaimed vehicles are sold at public auctions and we have never accepted sealed or secret bids. We hold our weekly public auctions on every Friday at 1831 East 65th Street, Los Angeles, CA. These auctions are held in accordance with the provisions of section 3071 and 3072 of the Civil Code. Every person will get a chance to inspect the vehicle before they can bid. These auctions are free entry and open to general public. Our employees are not allowed to participate in our auction. The lien sales are divided into three stages (CVC code: 22851) The first stage is value$500 or less (maximum storage is 15 days-CVC code 22669) The second stage is value$501 to$4000(maximum storage is 60 days) Third stage is$4000 and above(the maximum storage is 120 days and additional 10 days redemption. Repo Claim Vehicles: On 30 day holds, Repo Company gets 15 days waived on the storage under CVC 14602.02. In compliance with applicable laws, when a vehicle comes in our custody, we place a lien on that vehicle after 72 hours in our custody. We conduct our lien sales on our vehicles on Monday, Wednesday and Friday. The valuation of the vehicle is conducted by impounding authority noted at CHP 180 form generated by government agencies. However if 72 hours has elapsed and such authority has not determined the value, we will conduct our own independent evaluation of said vehicles. 8of2o Once the vehicle clear the lien process as described above, we will proceed with those vehicles in our weekly auction and legally dispose them and record following information: • Date of auction • Auction numberl batch number • Purchaser's name and address • Proper invoicing • Record keeping for 7 years • Lien sales are conducted as per DMV requirement. We conduct our lien sales of unclaimed vehicles once a week. Our auction is open to general public. Hours of auction are 12 noon to 3 pm every Friday including holidays. Facilities: We have four facilities available to handle our business and can store vehicles as per our needs. Head Quarter Location: 7300 Roseberry Avenue, Huntington Park, CA 90255. This facility meets all City, State and Federal requirements for our type of operations. This facility houses not only our Corporate Office and Main Yard, but also has Customer Office and Lobby Area. This location is where we maintain our administrative staff, dispatch center, technology center, communications center, and business records. It is also at this location that our Customer Service Department handles all customer vehicle releases. The facility is fully secured by perimeter block walls, concrete floors, overhead lighting, surveillance systems and free customer parking. Our goal is to secure our main office facility and to provide the maximum security for the vehicles which are in our custody and safe keeping. This Main Yard may store up to 220 cars at any given time. We have also established primary evidentiary hold area for 8 vehicles as well as one lift for the detective to conduct investigation as necessary to our law enforcement agencies. In this facility we have offices for senior executives, general manager, shift supervisors, dispatchers, police lobby, and employee lockers & break room, lien sales processing center, technology room, customer lobby, city approved tow rates poster, ADA ramp, customer rest room, pay phone, and proper landscaping. Satellite facilities: (3 locations) Location 2: 1831 East 65 Street, Los Angeles County, CA 9001. This location also meets the high standards of security and has necessary safe keeping amenities such as surveillance system, overhead lighting, concrete floors, maximum security for the vehicles which are in our custody and safe keeping. This facility can store up to 120 vehicles. Total area is approximately 28,000 square feet. Location 3: 2623-2625 East 56 Street, Huntington Park CA 90255. This location also meets the high standards of security and has necessary safe keeping amenities such as surveillance system, overhead lighting, concrete floors, maximum security for the vehicles which are in our custody and safe keeping. This facility can store up to 80 vehicles. Total area is approximately 15,000 square feet. 9 of 20 Location 4: 9824-9830 Atlantic Avenue South Gate CA 90280. This location also meets the high standards of security and has necessary safe keeping amenities such as surveillance system, overhead lighting, and asphalt floors. This facility has 30 free customers parking, evidentiary hold for 20 cars, drivers training room, locker rooms, our service area, truck service area parts room, and also has maximum security for the vehicles which are in our custody and safe keeping. This facility can store up to 450 vehicles. Total area is approximately 89,000 square feet. All our facilities in compliance with city, county and state codes and are properly insured. Vision for the City of Vernon: Since H.P. Automotive & Tow, Inc. has been serving the City of Vernon for the last 43 years, we strongly believe that we have necessary resources, abilities, equipments, technology, management, facilities, work ethics, reliable staff, community involvement and quality of services to fulfill City needs in all aspects of towing, storage, road side assistance and related services with pride and honor. We have built a solid foundation of trust and confidence and it will definitely continue to grow as we look into the future. Our Mission and Commitment: H.P. Tow's mission is clear and simple. We are committed to provide the most professional and reliable services to our clients and maintain the highest standard in the industry. We will perform our services with the greatest degree of integrity and honesty. We will always remember to contribute back to the communities for which we provide services to and strive to make those communities a better place to live in. We will invest in our operations and in our employees; always maintaining highest level of safety and training. We shall be the role model for our industry and shall always strive to be a conscious operation as it may pertain to our environment, our clients, our employees and the communities we work in. (Please see Exhibit—B in attachment section) 10 of 20 Work Plan: [C] WORK PLAN: [C] We believe that our commitment to providing professional, prompt, damage-free towing and road side assistance, storage, evidence hold, and release services begins with promise everyday to make customer service; customer satisfaction and superior quality work our top priority. This commitment at the top of the company's chain of command is relayed to all personnel, no matter their position or location. Being committed to quality service involves every individual in our company having responsibility in their actions with each other and the customer we encounter. We empower our employees to make changes that are positive for the company. Also, we praise employees for forward thinking that allows our company to expand and progress. Allowing employees to have the ability to influence how H.P. Tow, Inc. operates and maintains a positive morale and demonstrates their importance and commitment to the daily operations. In the past 49 years we have towed and stored over a million vehicles of all types. Due to our dedication to customer service and employee training, we have not received any written complaint from any of our government and municipalities agencies. All of our work plans have been implemented successfully over the years and we are very proud to continue the tradition of excellence. Major Work Plans in use; 1. Set an example for the City of Vernon, its residents, visitors and business community that exceeds tow industry standards. 2. Provide necessary modem equipments to assist and satisfy the police department's daily needs. We have 12 tow trucks (light-medium-heavy) and 2 service units in our fleet and are professionally equipped with necessary equipments to handle the workload efficiently. All our trucks are strictly maintained as per manufacturer requirements. We have the necessary equipment to handle light, medium and heavy duty towing to fulfill City requirements most efficiently. We are aware of specific needs of the City of Vernon about commercial and oversize towing necessity and have added heavy duty tow trucks to our fleet. 3. We have 12 phone lines with 4 automotive roll over, dedicated fax, and payment processing numbers, S independent phone stations with the recording up to one year. 4. All our facilities are equipped with forklifts for customer assistance and for organizing the vehicles properly. 5. Assist the Police Department with general towing, impoundment, evidentiary hold, and storage and road side assistance as required. 6. Assist the police department in setting up special events such as DUI check points, parade, carnivals, rides, supporting events, and during natural disasters. We provide tables, chairs, lighting, shelters, canopies, refreshments during these events. 7. Provide the Fire Department with the junk vehicles for use of training and educational sessions. We also assist fire department with towing services as needed within or outside the city boundary. 8. Provide expedited response for all service requests by having twenty-four hour on-site dispatching as well as having our trucks strategically placed throughout the city. 9. Provide consistent quality service by utilizing our own employees and fleet to provide service and 11 of 20 deploy trucks from our other locations to assist when needed. 10. We have maximum security in all our facilities monitored 24 hours using sophisticated surveillance systems with 30 days day and night vision and 30 days of recording. Most of the facilities equipped with high quality cameras that could capture all the angels of the yards. They also periodically are supervised by our team members. 11. We have overhead flood lights for maximum visibility at night. 12. Most of our facilities are secured with 8 feet block walls and 2 feet of barbed wire for maximum security. All our facilities floors are debris-free, weed-free, oil-free and covered with solid concrete with proper water drainage. 13. All facilities are graffiti free and have beautiful landscaping per the city code requirements as well as for own better appearance. 14. We have state of the art office equipped with advance phone and work stations. We have additional sitting area for the police with necessary amenities. 15. All our employees go through vigorous background screening. 16. We accept cash, credit cards, corporate checks, money orders in the form of payments. We conduct all the payment transactions in clear view of customers and record all the transactions for our file. 17. We have proper system to address customers complaint and our staff is trained to handle them as quickly as possible. 18. We process lien sales on unclaimed vehicles as required by the applicable sections of the civil and vehicle codes. We conduct our public auction on a weekly basis as required in a commercially reasonable manner. We have armed security guards during the time of public auction. We clean and wash all the cars before sell to the public. 19. We have customer parking for handicapped as well as for regular customers. We also have customer lobby and bench for the resting. All our approved towing rates are posted clearly in the lobby. We also provide public restroom when needed. 20. We provide quick response to the towing services as well as to customers during the releasing process. 21. All our documents are well recorded and kept in a very secured place and locked by the general manager. 22. We are able to store up to 30 vehicles in a closed area which is specifically designed for evidentiary hold purposes. Our evidentiary hold area is properly secured and fully equipped with necessary tools. We also have vehicle lift to assist the detectives with their investigations. 23. Our facilities are capable of handing large volume and can store up to 800 vehicles at any given time. 24. Although towing service is available 24 hours, our normal business hours are 7 AM to 7 PM including holidays. 25. We have generators for backup in case of power outage or shortage. 26. We can also assist customers after nonnal business hours at additional charges for vehicle release process. 27. All our drivers have professional appearance with corporate uniforms. 12 of 20 28. We treat all our customers with respect and pay attention to their needs. 29. All these years we are committed to quality of service and always open to new suggestions that can improve our services for customer's total satisfaction. We have been and continue to be a role model in towing industry. We offer road side assistance and towing to our police agencies as needed whether it is in our working area or outside the area. For the Vernon police department, we have provided this service for fast 43 years at NO COST. We have a separate lobby for police officers to conduct paper work at our facility with full access to internet, printer, copier, fax, telephone and rest room. We also allow K-9 unit training at our facility. We give low value vehicles to fire department and police department for training and educational purpose from time to time. 30. In many occasion we have gone outside the city boundaries to tow small and large vehicles that are owned by the City of Vernon. 31. We have invested over 5 million in our operations over the last 10 years in terms of facilities, equipments,technology, and employee improvements. 32. We generously participate and contribute to various community events, including; religious, non- profit organizations, youth and senior events, police educational and memorial foundations, youth and booster clubs, local school and community events, cancer and diabetes societies, local sports and beauty pageants. Service request: All the tow requests come through the phone lines received by our professional dispatcher. They are highly experienced and trained. They also assist customers at the window for releasing the vehicles to their registered owners, legal owner and insurance companies. Once our 24 hour dispatchers receive the data, the request for the towing services, it is passed on to our drivers. All the trucks are equipped with GIPS device helping them to respond rapidly. Giving the circumstances of geographic area, we have divided our working area into four different zones (North, South, East, and West). Each zone has 2 driven available during peak hours, one with standard truck and other with flatbed. This method has been very successful for our operation in responding to all the calls less than 20 minutes. Driver's on duty: Most of our drivers are bilingual (English and Spanish). On duty they act very professionally and wear Company's uniform with a name tag. All our drivers are highly experienced and trained to handle light- medium-heavy duty towing requests. Once drivers receive the call, they will 97 the call less than 15 minutes. Once they hooked up with the vehicle, they will proceed forward to our secured facilities for safe and secure unloading. Our drivers then turning all the paper work to dispatchers for update the inventory. Our drivers work as a team with other drivers as well as officers in the field in carrying our towing operation efficiently. All the drivers maintain their equipment as per California Vehicle Code Requirements. All our drivers enroll DMV pull notice program and random drug testing as per state, and federal requirements. Yardman: We have a yardman who is specifically trained to maintain all the vehicles in the facility by categories and sizes from small, medium and large. Certain vehicles will be hold for evidentiary purposes where we have to house them in enclosed secured facilities. This person is in charge of inventory of vehicles as they come 13 of 20 in on a daily basis, makes sure that all the vehicles are properly parked for easy access, is responsible for up keeping and maintaining of facilities, and vehicles inventory at all times. Shift Supervisor: All our shift supervisors are experienced and highly trained. We have assigned shift supervisor for each shift in 24 hours. Shift supervisor will monitor and manage all the aspects of operation in terms drivers' performance, documentations and finance. Each shift supervisor will make a detail daily report about all the activities and submits to the General Manager at the end of their shift. Each shift supervisor manages on average 6-10 personnel and coordinates their duties. Finance and Human Resources (HR): Our finance officers are experienced and highly trained. We have in-house finance department who reconcile documentations and banking on a daily basis. Our finance department handles all aspects of accounting. Our HR department looks over recruitment, training, employee data, pay rolls, seminars, workers insurance, workers comp, business licensing and permits, maintain tow logs, and maintain all necessary business related files. IT Manager: We have experienced and trained IT manager on site. He maintains all computers & software's, facility surveillance system, communication system; two ways radio system, data servers, electric gates motors, and office equipments. Lien Sales and Auction: We have a professional team who is dedicated for lien sales and auctions. We use Clear Choice lien sales services, San Diego, CA. All unclaimed vehicles inventory go for public auction on every Friday. Our public auctions are held in accordance with the provisions of section 3071 and 3072 of the California Civil Code. We have been selling vehicles through public auctions which are free entry and open to general public. On an average, we sale 40-60 cars per week. General Manager: Our General Manager is highly experienced and trained who overlooks the entire operation. He manages facilities, fleet, employees, assist general public and work very closely with law enforcement officers. He oversees all the office report and procedures. He works closely with all the shift supervisors to ensure consistent quality of services. Vice President 1 Chief Financial Officer: Our Vice President has over 19 years of experience and is well aware of full operations. ➢ Oversee all financial operations ➢ Develop and analyze capital expenditures ➢ Monitor inventory management ➢ Strategic Plans for long terms ➢ Financing top line growth 14 of 20 ➢ Help Company identify their SWOT ➢ Offer ways to utilize accounting information to develop and grow the business prepare budgets and forecasts ➢ Deliver insight by analyzing results of key business trends set objectives that support long-term company goals ➢ Ensure our operation runs smoothly and efficiently at all times ➢ Work very closely with all shift supervisors, General Manager, IT manager, Finance Manager, HR Manager, and Record Manager. President: The president is well experienced and is fully aware of all aspects of management and organization. He has wealth of knowledge about towing industry gained over 20 years. He has in-depths understanding about corporate values, geographic area, diverse community, government and law enforcement agencies. He is also appointed as a Public Safety Commissioner in one of the cities in Los Angeles County. ➢ Oversee full operations of company ➢ Conduct meetings with Key Personnel twice a week ➢ Oversee all government and public relations ➢ Oversee all monetary and accounting operations purchasing and selling of business equipment and facility Maintain and obtain all business licenses and permits ensure compliance with all local, state and federal Laws ➢ Making key decisions regarding staff and employee relations, ensure customer and employee safety awareness, and sets corporate goals ➢ Ensure industry standards are met and complied with Oversee all community support and involvement ➢ Oversee all business expansion and improvement decisions ➢ Ensure all staff is properly trained and certified in his/her area execute and oversee implementation of company policies ➢ Welcomes the new ideas and suggestion to better the company Analysis and Research: In our journey of 49 years in the towing sector, we have seen the gradual evolution in terms of services, equipments, technology, demographics, government requirements, facilities, labor laws, cost of business and many more. We have always kept pace with the changes and the growing demands of our complex business. We continue to learn based on our experience, ongoing research and analysis of the industry's changing demands and assure that we will always be ready to meet or exceed any future towing requirements for the City of Vernon. (Please see Exhibit—C in attachment section) 15 of 20 Fees and Cost; [D] FEES AND COSTS: [ D] We herein propose two options, for the City's consideration. However, H.P. Tow, Inc. is open to other options which may be proposed by the City. Proposed Option One: Type 0.T Vgiiclei Per-Hour Per Day Stooge Weight and Length Light Du 120.00 35.00 Under one ton vehicles Medium Duty 180.00 45.00 Over one ton and over 20 feet Heav Duty 250-DO 60.00 Over one ton and over 41 feet Other service charges: Gate fees will be applied for each vehicle release after normal business hours $ 60.00 Clean up service on accident calls: Included in our hourly rates as above 0 Skilled labor as required on accident scene with recovery assistance rates per hour $ 60.00 Lock out services on stored and impounded vehicles / Regaining entry into vehicles for police request: Included in our hourly rates as above 0 1 Road side assistance/Jump start/Fuel delivery 1 Lock out service 1 Tire change I Air delivery/Push start I Loading and unloading will be charged as service call $60.00 (per request) Motorcycle storage per day $ 20.00 1 Pick up bulk parts (per tow per one ton) $ 60.00 Evidentiary hold for victim's vehicles First 7 days 0 From 8th day onwards, per day storage charge will apply based upon type of vehicle Drop fees when vehicles are hooked up $ 60.00 Home tows I Owner requests (within 10 miles radius)flat fees Light $ 85.00 Each mile after 10 miles radius Medium $90.00 Heavy $ 125.00 Per Mile $ 5.00 15 days Lien $70.00 30 days Lien fees short $70.00 90 days Lien fees long $ 100.00 All City owned vehicles we will provide road side service and towing Within 500 0 miles of the City boundary Profit sharing with the City/Franchise fee 131 Year of the contract (flat fees—paid quarterly in four equal payments) $30,000 2nd Year of the contract(flat fees—paid quarterly in four equal payments) $ 32,500 31d Year of the contract(flat fees—paid quarterly in four equal payments) 1 $35,000 Note:All rates cited above shall increase by 5%annually. All the residents of the City of Vernon will get 20% discount on all our services. 16 of 20 Proposed Option Two: '�"Per Hour Per Day . . WeigW and Length Light Duty 120.04 35.00 Under one ton vehicles Medium Duty 180-00 L 45.00 Over one ton and over 20 feet Heavy Duty 250.00 60.00 Over one ton and over 41 feet Miscellaneous charges: Gate fees will be applied for each vehicle release after normal business hours $ 60.00 Clean up service on accident calls: Included in our houdy rates as above 0 Skilled labor as required on accident scene with recovery assistance rates per hour $ 60.00 Lock out services on stored and impounded vehicles/Regaining entry into vehicles for police request: Included in our hourly rates as above 0 Road side assistance I,lump start/Fuel delivery/Lock out service/Tire change 1 Air delivery/Push start I Loading and unloading will be charged as service call $60.00 (per request) Motorcycle storage per day $ 20.00 Pick up bulk parts (per tow per one ton) $ 60.00 Evidentiary hold for victim's vehicles First 7 days 0 From 8th day onwards, per day storage charge will apply based upon type of vehicle Drop fees when vehicles are hooked up $ 60.00 Home tows I Owner requests (within 10 miles radius) flat fees Light $ 85.00 Each mile after 10 miles radius Medium $ 90.00 Heavy $ 125.00 Per Mile $5.00 15 days Lien- Value less than $500 $ 70.00 30 days Lien fees (short) Value less than $4000 $ 70.00 90 days Lien fees (long) Value more than $4000 $ 100.00 All City owned vehicles we will provide road side service and towing Within 500 0 miles of the City boundary Profit sharing with the City 1 Franchise fee 1 st Year of the contract (on all tows) 11% Gross receipt 2nd Year of the contract(on all tows) 13% Gross receipt 3rd Year of the contract(on all tows) 15% Gross receipt Note:All our rates mentioned above will go up by 5% annually. All the residents of the City of Vernon will get 20% discount on all our services. (Please see Exhibit—D in attachment section) Samples of other municipalities'rates 17 of 20 Ability to Perform: [E] Ability of the Proposer to Perform: So far we have covered all the aspects of our services, resources and strengths in this proposal. Our 49 years of dedicated engagements in towing industry, experience we have earned, challenges we overcame and have successfully reached a stage where we can safely say, H. P. Tow, Inc. has become a role model for the tow industry. Our workforce abilities were repeatedly tested over a long period of time while we perform our services in our working area of South East Los Angeles County. We have met and in some cases have exceeded the requirements set by our clients. We have earned the respect and recommendations of many policy makers and law enforcement agencies for our services that we feel humbled. Please find recommendation letters in our Exhibit—E in attachment section. We take the opportunity to briefly highlight key persons and their responsibilities that are behind the success of our operation. Responsibilfties Jimmy Sandhu Oversee full operations President& CEO Conduct meetings with Key Personnel on a daily basis 20 years of towing experience Oversee all government and public relations Graduated Bellflower HS Oversee all monetary and accounting operations Purchasing Attended Compton & Cypress and selling of business equipment and facility Maintain and College emphasis on business obtain all business licenses and permits Ensure compliance management with all local, state and federal Laws Public Safety Commissioner, City Making key decisions regarding staff and employee relations of Artesia Ensure customer and employee safety awareness Very active in community Ensure industry standards are met and complied with Oversee Public Relation all community support and involvement Light, Medium and Heavy Duty Oversee all business expansion and improvement decisions Towing Certified Ensure all staff is properly trained and certified in his/her area Execute and oversee implementation of company policies Sukhbir Singh Oversee all financial operations, Develop and analyze 'Dice president/ CFO business planning for capital expenditures, Inventory 19 years of towing experience management, 5 year Strategic Plans, Financing top line growth Attended Cypress & Cerritos Help Company identify their SWOT, Offer ways to utilize College emphasis on business accounting information to develop and grow the business accounting and management, Prepare budgets and forecasts, Deliver insight by analyzing Very active in community results of key business trends Set objectives that support long-term company goals, Value preservation in relation to Light and Medium Towing accounting, financial reporting and compliance Integrate IT Certified systems with introduction of enterprise-wide systems for high-volume routine processes to realize meaningful benefits in the form of cost and time efficiencies and improved data quality, Make smarter use of alternative service-delivery models in order to attain greatest efficiency in the operations 18 of 20 Dalbir Swaitch Oversee daily operation, Manage facilities fleet, yards and Operation Manager employees Oversee all office reports and procedures 16 years of towing experience Oversee hiring and employee matters with direction from the Attended college in India with President Conduct operation and performance reviews for all emphasis on management employees. Address all customer service complaints in order to ensure full satisfaction of services rendered Light and Medium Towing Oversee vehicle auctions and all necessary reports and Certified accounting Ensure that President and Company objectives are met. Ensure complete standards of performance for employees and operation Conduct weekly employee meetings to address operations, safety and customer satisfaction Conduct monthly meetings with Key Personnel in order to review objectives, deal with issues of concem and implement new objectives andlor procedures. Overlook employees training Yadwinder Sandhu Oversee information &technology matters, assist senior IT Manager/Assistant Manager management, computer technician,server management, 10 years experience upgrade technologies, software specialties, CCTV specialist, Graduated from University of Data base manager, Technology security specialist, general Phoenix maintenance Attended IT school in New Mexico Benjamin Cruz Oversee fleet, equipment, drivers, parts and maintenance, work Fleet Supervisor with middle level management, work with dispatchers, work with 17 years of experience yardman, work with other drivers, assist in coordinating special Light and Medium Duty certified events, monitor and insure compliance with all regulatory requirements for the operation, train new employees Mark Mathew Oversee lien sales, DMV documents, Assist junior drivers and Lien Sales Supervisor dispatchers, work with upper management, monitor operation for 30 years of experience lien sales auction, assist junior drivers as needed, train new Light and Medium Duty certified employees, report and work closely with upper management Judith Bernell Record supervising, banking, accounting, account payable and Record Manager receivable, book keeping, daily bank deposit and ledger, 9 years of experience in finance reconciliation, pay roll, assist with budgeting, work with upper Bachelor in Accounting management, maintain HR files Josephine Guadalarjara Oversees the entire dispatch activities, maintain stationary, Dispatch Supervisor assist customers, work with upper management, maintain and 12 years of experience record all customer records, and receipts, communication with Graduate from Lynwood school clients, monitor junior staff and their performances 19ofzo H.PAUTO MOTIVE & TOW,, INC. 0 RGANIZATI N STU RCTURF au President ViCr prci4de++t D.Swaitth Office Manager i.GUW44 ymm _ . .. obrdLdh gf[i{ERS C4}Sr1MFRFVIC£S4fF�Yl�i[M'SL�R+EWCE1'RA supwrrkor ACCCVNTA.e wUPAQ41419DUACE PUWCHASE V-0:1RD5 Y.sanehu IT memew rear _ upsrreor n-Torras Fknanes �r IuiaieLrru � '+} 4Sete off Psi R€ET EQUIPMENTS MArMEwA�+{E�R►WFll4 Y.6ich" AUCTIONEER DOCUMEMTATM SECI3AIT1 TOWING SERVICES LIEN SALES Thank you very much for the opportunity. • • - our • . . . 20 of 20 Attachments Exhibit A COMPANYOVERVIEW J,. n• 1% •r - - -' y bk c H.P. AUTOMOTI TOW: INC. 7300 RoseberrT Avenue Huntington Park, CA 90255 Tel: 323-583-1831 Fax: 323-583-3322 H.P. AUTOMOTIVE & TOkV. INC. Tel _'3-.`,8., i 8�� Fax: za`?3)-58:�-83-2-2 = t Department of Homeland Security California Highway Patrol -.- } Los Angeles County Sheriff Dept. 1. East LA Station 2.Century Station 3.Compton Station 4.TSB (Transit Service Bureau) 5.TSD(Traffic Services Detail) 6.TRAP(Task Force Regional Auto prevention) - . 7. Major Crimes Division S.Parks Bureau F . # Huntington Park Police Dept + Vernon Police Dept. Bell Gardens Police Dept Bell Police Dept South Gate Police Dept + Los Angeles School Police + Burlington Northern Santa Fe Police Dept(BNSF) Lynwood Parking Enforcement + Commerce Parking Enforcement y_ Many other Commercial Accounts lti~- H.P. AUTOMOTIVE & TOW, INC. H-unt-i K n Parl MAI N OFFICE -ADDITI ON AL PJ(.7tT RES :: is ar T Now WOO Gur Headquarter contains the state of the art dispatching center, secured evidentiary facilities and a separate lobby for police officers. Our facility is well maintained with plenty of parking for cus- tomers. We have on-duty personnel twenty-four hours a day with regular patrols round the clock. We also have modem surveillance system in place which monitor facility up to thirty days. H.P. AUTOMOTI 'E & TOW, INC. Fa K * CORTORATIE I Incorporated 49 years 1966 # ; �- of service AN :t Jimm Our Satellites Yards We provide comprehensive, professional and quality service to various law enforcement agencies, corporate customers and individuals. We are always open and fully staffed with profes- sional, loyal and experienced team members. Because of the dedication of our team members,we have earned a solid reputation of excellence in the towing and storage service industry. �A 1 H.P. AUTOMOTIVE & TOW, INC. }e/Yi Fr4/. 1�:1FJ �LJ St'lkr Y'�'� i1Lrr li�iC Huntington Park, CA 90-9 Fa . _ 233-782'-3�2)2 E%VNtENTS f � RIP a _ •` itf '-y- ' , I a' f�s Our fleet is modem and fully equipped per California Highway Patrol guidelines. 'v e have the ability to tow light,mediurn and heavy duty vehicles safely. All our drivers go through vigorous training to operate the type of trucks professionally and safely- All our tracks and operators are fully insured- All our trucks are well maintained. we constantly invest in our fleet to meet state and federal requirements. H.P.AUTOMOTIVE & TOW, INC . s.+1y7tYiYf1*J V �'.��^ li_iLa�i" •r _ T T r �r - U ' 1 C rr<> All our drivers are experienced, courteous and professional at all times. The success of HP Tow is due to our loyal drivers who take great pride in what they do. We constantly invest in our employees to make there better and educated to perform their duties. H.P. AUTOMOTIVE & TONXV, INC. 3' 1C� _T 4 - 2`f _ � �► 'ram+'� t� r VVe provide extensive in-house periodic training for all employees to im- prove their work skills. We have specially created a Company Standard .perating Procedure and Employee Manual to ensure we maintain high standards of safety and quality of services. H.P. AUTOIV OMT & TOW, INC. 3- -#tPUBLIC AUTOAUCTION r_ We have been selling our vehicles exclusively through public auctions. Our auction team is fully trained and experts in the lien sale process. All of our unclaimed vehicles are sold at public auctions and we have never accepted sealed or secret bids. We hold our weekly public auctions on every Friday at 1831 East 65th Street Los Angeles, CA, . These auctions are held in accordance with the provisions of sec- tion 3071 and 3072 of the Civil Code. Every person w-il get a chance to inspect the vehicle before they can bid. These auctions are free entry and open to general public. 77 k - r .�.. �.- 4 - .................................................... F � s Nc 88,24 Atlantic Ave, SCE 11'4poUAfD & STORAGE et 323, 583. '183? y6- qv. T- =i r 1 a 4 y' Our Secondary facility in South Gate H.P. UTOMQTRT & TOW, INC. -irocr s` i/• 7c]00 Ri'5 ' Huntingtor-I Parr-. - - MISSION i A I 1' H.P. Tow's mission is clear and simple. We are committed to provide the most professional and reliable services to our clients and maintain the highest stan- dard in the industry. We will perform our services with the greatest degree of in- tegrity and honesty. We will always remember to contribute back to the commu- nities for which we provide services to and strive to make those communities a better place to live in. We A-ill invest in our operations and in our employees; always maintaining highest level of safety and training. We shall be the role model for our indusm, and shall always stave to be a conscious operation as it may pertain to our environment, our clients, our employees and the communities we work in. Attachments Exhibit B REFERENCE: Hon. Jorge Cisneros President Of Los Angeles County Police Chief Association Tel: 323-346-7191 REFERENCES: Huntington Park Police Department: Contact information: Chief Jorge Cisneros 5542 Miles Avenue Huntington Park, CA 90255 PH: 323-826-6629 Vernon police Department: Contact information: Chief Daniel Calleros 4305 South Santa Fe Avenue Vernon, CA 90058 PH: 323-587-5171 Bell Police Department: Contact information: Captain Ty Henshaw 6326 Pine Avenue Bell, CA 90201 PH : 323- 685-1245 South Gate Police Department Contact information: Captain Darren Arakawa 8620 California Ave, South Gate, CA 90280 PH: (323) 563-5400 REFERENCES: California Highway Patrol ( C.H.P ) SOUTH L.A AREA 530 Contact information: Officer Joseph Pace & Robert Bell (Towing coordinator) L9700 Hamilton Avenue Torrance, CA 90502 PH: 310-516-3355 Los Angeles County Sheriff Department: Contact information: Chief James Lopez Chief Bobby Denham Bash Bakharian (Major Crimes Bureau) (Towing Coordinator Manager) Sheriff Head Quarter 4700 Ramona Blvd. Monterey Park, CA 90754 PH: 323-526-5000/ 323-526-5582 Burlington Northern Santa Fe (BNSF) Contact information: Shift Supervisor 1302 E Lomita Blvd, Wilmington, CA 90744 (310) 549-7440 Bell Gardens Police Department Contact information: Chief: Robert Barnes 7100 Garfield Ave Bell Gardens (562) 806-7615 REFERENCES: Major Crimes Division ( L.A.S.D ) Contact information: Captain James L. Ritenour! Merrill Ladenheim 11515 Colima Rd. Building C-111 Whittier, CA 90604 PH: 562-946-7846 Lynwood Parking Enforcement Division: Contact information: Director J.D.Whitaker 11330 Bullis Road Lynwood, CA 90262 PH : 310- 603-0220 Ext-271 Commerce Parking Enforcement: Contact information: 2535 Commerce Way Commerce, CA 90040 PH: 323-722-4805 Los Angeles School Police Department: Contact information: Sergeant Jose Lopez 1330 W. Pico Blvd Los Angeles, CA 90015 PH:213-285-8103 Red Stars indicate our facilities STAPLES Cefster • y ��r�°� � STD �• Yj;e"ersary Aivc 5 �. • 4A bo qtm Eim Las H 8„ I-Pprnl�Science Center MontebellG t ~ _ _� C 5. 'Fr�i'°0'n��Y? '] $�. �A _4 a View _ # Park-Windsor 'A dills _ x Maywood ,Y y.. c`�E;• Hunting2or, z Piro Psve Park Bell P Florence-G ra ham Englewood r _ : South Gate 6 a =nnox = J ` l st Athen e s w1iowbrook If -------------------------------- Our computer receipt Upon request, you are entitled to receive a copy of the Towing Fees and Access Notice. ---------- ----------------- - - - - - II.P. Automotive & Tow, Inc. Carrier ID# CA162918 RELEASE Receipt 7300 Roseberry Ave. Receipt # 44802 Huntington Park, CA 90255 Log # H118229 (323) 583-1831 Call # H75288 Released: 04/12/15 09 :42 : 00 Lot: 1 Auth: HPPD HUNTINGTON PARK -Veh 1999 NISS `ALTIMA^ LIGHT Tow 01 : 00 @ 151 . 20 151 .20 Body: 4D Color: GRAY Outside Storage 1 @ 55 .44 55 .44 License . 4UEZ208 CA Odom: -------- ----- - - ---------- - - - ------ - - - ----- Veh ID #: 1N4DL01D5XC102323 Total Charges 206 .64 Veh Code: 22651-P Hold: NO CAL DL Payment Received ( 206 . 64) Dispatch: 21:45 Arrive: 21:52 Cash 206. 64 Tow Date: 04/11/15 Time : 22 : 12 Remaining Balance 0 . 00 Tow From: RANDOLPH/MILES Released By: Released To: Removed By: JENNIE RAMIREZ TERRIQUEZ N3421314 CA Address: 8139 EVER GREEN AVE (323) 542-7471 City/State: SOUTH GATE, CA 90280- Emp: VL I, the undersigned, do hereby certify that aI�am legally authorized to take possession of the Vehicle described above, and it is in satisfactory condition. i/we further agree to indemnify and hold harmless H_P_ Auto & Tow Service, Inc. , its successors assigns, or agents from any and all claims, actions, suits, agreements, or liabilities arising Erom its possession of the Vehicle. Any inoperable Vehicle MUST be towed from the site. Our time cards for drivers tali CALL RECEIVED AGENCY 1 DISPATCHED LOCAl10N APR n '}s �yA a 145 11;-. el t } ON SCENE DlSPAT&IER ' IN TOW DRIVER TRUCE(io CLEAR A-DR -1 '. 1— '3 rl 2 NOTES � s 5 2 Licenses & Permits posted NSS & PERMITS 4 G1ty O1 �out+� C,�Tbr � Cyr��ourA{isi�e• . Cer[F t+of Ckxupo-y ��•' � .-yi�w _ - -- T .ram� .r -13-2015 11:12 FROM: T0:13235833322 P.2.3 fflto"4 DATEiiAFOKD 10/15 ]DUCER THIS CERTIFI O!.-i EY 1£SUED ASfA 'r5A 5 cR OF INFOAMATlON ONLY AND nen IrlSuranCe Se 1CeS, Inc, IS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOTAMEND,EXTEND CA ALTER THE COVERAGE AFFORDED BY THE 231 Mulholland Hwy. #209-A POLICIES BELOW. labasas CA 91302 COMPANIES AFFORDING COVERAGE 18) 2 2 2-9 0 8 0 COMPANY A LEI Oregon Mutual Insurance Cc- COMPANY B uAE11 LETTER P. Automotive & Tow, Inc. I COMPANY C 00 Roseberry Ave . _ �. COMPANY D ntington Park CA 90255 _U=EP - ---_— - T 2 3) 5 8 3-18 31 COMPANY E LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN AMUGED BY PAID CLAIMS. TYPE OF INSURANCE FOUCTHLRAE VI MUCY EFFECTIVE KUCV WlRATIDN UTAITra DATE WP06M:3 ff3 i DATE{MM,OE]NYI GENERAL LIABILITY GENERAL ACifiq,V-ATL S5, 000 , 000 X COMMERCIAL GENERAL L L88EUTY PFODUCTSZ.3 XW AU s 5, 0 0 0 , 000 CLAIMSMADEFX_]OI CMC-912660 05/20/14 05/20/15 FgRsamAL3ADY.lwum 51, 000 , 000 OWNE:TS a CONTRACTOR'S PROT. jacrE.SCCu E7T s 1, 0 0 0, 000 r,R517F CE+ OMII $ 100, 000 MED.EXPENUWMI4l 4 59000 AUTQM05iLZ L.IABILITl ! t 9ky€C SIN+L�LB A AUTO U W7 E NY 1, 0001000 ALL OvuAIEOAUTOS 5GC1 7 uIJLII IRpr beraw] X SCHEDULED AUTOS i X HIRED AUTOS CMC-912660 05/20/14 ,05/20/15 MOMLYINJUM # X NON-0WNED AUTOS 3I CaARACE UAB1LflY FR:aFRTr DNS AW A IXMS55 LIABILITY ILAO,OWUI VK-er 51, 0 0 0, 0 0 0 X NLIVISRELLAFORM CMC-912660 05/20/14 '05/20/15 A- ArE $1 000 000 OTHER THAN LWeI>c-I L A FORM ST/.`Umm LRI WORKER'S COMPENSATION / / / eAI MDENT 3 AND I�M.ICk LAW t ELILPLOYEFW LIABILITY I)SEASE-EPCK IIEE r oTIIER 600, 000 On-Hook $ 600 , 000 Garage Keepers CMC-912660 65/20/14 '05/20/15 ICRIPTION OF OP[AArIGN5 LOCACIDMSNEK=Lgz 1SPECLAL.ITEMS w truck operation rtificate folder is AddiLiMal lnsWWI 131 ure4 v_ . ...� .w. ' SHOULD Apfy OIF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE v EXPIRATION DATE THEREOF, THE ISSUING PANY WILL ENDEAVOR TO ty 0 f Vernon NAIL 3 0 DAYS WRITTEN NOTICE TO THE "F Ol dfR NAMED TO THE fl 5 Santa Fe Ave . ION OF; LEFT, BUT FAILURE TO MAIL SUCH NOTI E 5 L 1 05 OF O T LIABILITY OF :rnon CA 900 58 AMY 151�ID UPON THE COM NY, lyyt}Mppl7>rD REPRE6WAimm nF ' xi'JA17!-.a -13-2015 11:13 FROM: 70:1323593= P.3'3 tr � x * * 3UCER n TH15 CUM JS ISSUED AS A YIATZER OF INFORMATION ONLY AND yen Insurance Services, Inc- CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED 13YTHE 331 Mulholland Hwy. #209-A POLICIES 5EIrOW- _abasas CA 91302 COMPANIES AFFORDING COVERAGE 8) 2 2 2-9 0 8 0 COMPANY LETTER A State compensation .1rsurance Fund _. COMPANY B RED LETTER �. Automotive & Tow, Inc cOMpaNY `. 10 Roseberry Ave_ LETTER COMPANY D itington Park CA 90255 3) 583-163I k=pNY E LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREDMAMMEDA90VE FNEHEP�FUCYERIOD INDICATED,NOTWTTHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTT1H RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONOTTIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INBURAMCE U�t NUNFiEp POUC* f POL64Y CAf4RAT?ON TF(Mwvoa^- 7 GATE fmmowm MENER&LL"UTY GEIEFAL TE 7 CCIAMEMNAL DENeRAL LAM MY CTPS'GCWMF AM L —71 CLAIMS VE=CG+u 7 P e� Kk d AQd,ax71:F- 0WNZRSa OONTRAGTDRS EA01 F�Oust lAaow arA ero` # MEDEWENV —Pmmo R OWTOM OSILE LIAMUTY Comm)SF1CLE e ANY AUTO jUW ALL OWNED AUTOS (R LY ONJO r SCHEDULED AUTOS f 61 HIFIED AUTOS # 5U0LY 1hLR Ry NON-OWNED AUTOS QV"E L IABUTY FROMM DALV41i EXCESS UASILTTYI AM E i UMBRELLA FOAM { f 0#� OTHER THAN LRdEFELL4',Qald -.. . 9TA1 kflC>RY Lowe WORKER'S COMPEILSATION 910113 5-14 C 6/01/14 I0 6/01/15 E9�K ACGgS 9%ff S1, 000 , 000 AND 0 -PCLCyLW S1 , 000 , 000 EMPLoYERB'UABIUTY -F K pyPLo'r a 11, 000 , 000 Y•Tri-r :RIPTION OF OPERATIONS/LOCATIONSNEHICLESMPECIAL ITEMS a Truck Operation *w w SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFoAE THE EXPIRATION DATE THEREOF. THE ISSUING C A YVIL ENDCAVOR TO =y of Vernon MAIL 3()DAYS WRrrrEN NOTICE TO THE CE Ic E H E010 THE D 5 Santa Fe AVe • LEFT, BUT FAILURE TO MAIL SUCH NOTICE HALL L�AnoN OR rnon CA 90058 LMIL.ITY OF ANY KNO UPON THE COMPANY. ITS R �Es�NT�Trr�s x►1rlwprxEn R�I +irxTarE r' b - � &: / \ � ; - p ! f - � � % � ■ Uj ov Ca ., ' Inc nz wl s � � - - - : \ wl \ � . r t i 1w t :s > iL \ �"r .rR. do GEM 7: flow All. z •TO ` At DRIVERS & STAFF PICTURES ■ � . ) %. - . . . � \- | % , 9-7 Af .»:. - » auctionOur weekly � � g_� � . ' ' a � 2Y , . � - � - � - »� . � - �- . $ ~ - W-.04 - `� r � .r �� _ � -_ . .#- f�� - � . � ~# I :�' � }. - ,��-�- w <' �__-. k .. � � M 4 � �i� �'` �' - . +ti , * � -- �: � *�� . - -� ��"� � •� is r ��+� ry �� _� # _ � �� *�- r. - ' w ! +�s� _ 1 - 3 ., _ ti �� Corporate Office ,-.6� e" AWWWu' �= Our Satellites Yards i Ilk _ - •�' , �PH, T INC. • 94324 Atlantic Ave. �s3. 7837 ' I ~� a Y j L ai -97 Our Secondary facility in South Gate } w . AOO cir. . �a2 � � - �_ \ ` E .i t' T � f4i Y Y - _ fy• _ F L - W oe *s *` k } Ste' F 4L +y. xi 4 i' t jr { F lF r # i 4 e _ F X. � .. iphr i _ A PO i + + _. , Imp. a -r J- i F T■ ` .3 I. N �� Attachments Exhibit D SAMPLE OF OTHER MUNCIPALITIES AND GOVERNMENT AGENCIES RATES: Per ows Department of Tow Perflowi y monthly T Franchise Stowe LL (LosAgo4oAma) Fees California Highway Light Duty 1 185,00 05,00 Patrol Medium Du 00.00 70.00 9000-10,000 None (State wide average Heavy Duty 75.00 75.00 :atej Flat Day Monthly Tm Franchise Department TypeAngeles of Tow Per Hour i 1 Los Angeles County Light Du 131.00 34.00 None Sheriff medium Dut 131.00 44.00 I D00- ,Q00 (County wide average Heavy Duty 233.00 44.0[l rate) Depa ,.• of i StorageAngeles Los Angeles Police I Light Du 1 1.OQ 38,00 7000-M Dept. I Medium Duty 3 _50 53.00 7° (City wide averse rate) ; Heayy Du 251.50 8 .50 � � i ws Franchise 1 - i . F- • Storage Fm Huntington Park Light Duty 1 150-00 1 50.00 157225 MediumDut 190,0�J 60.00 nla (City wide average rate) Heav Duty 250-00 65 00 - Department Type of Tow Per Storage Fen Vernon Light Duty 150.00 50.Q0 75-15 (City wide average rate) Medium Duty 185.00 60.00 NIA Heavy Doty 275-00 70 0 Departmerd Type "our Per Day Monthly Tows Franchise Storage South Gate Li ht Du I 170.00 45,00 175 250 (City wide average rate) Medium Duty 185.00 55.00 15% Heavy Duty 250.00 65.00 DepartmentPer Storage Fees Bell Medium Duty I 150.00 55.00 75_100 25K (City wide average rate) Medium Du 185.00 60.00 Annual Heavy Duty 275.00 70.00 Department , - of Tow Per Hour Per Day Monthly Tows Franchise Storage Fees Downey Light Duty 170.00 45.00 150.225 j (City wide average rate) Medium Duty 200.00 55-00 nla Heavy Duty 325.00 60.00 Our 24 hour customer window 7 i i l.6.IFS ti li,uL w; .. •4fi.S�.i �. "� I'.,I:-a.,ti 4r�..•IiF ry+•4 5i,after.. L [ Rate chart In customer lobby ,MWING FEES PLBLIC ACM ALUMUN MM"�MML=!E=M� S ICCF.SS N I-ICE SUBASTA ��I PLSLICA ��I F.ll'7VMVTiVE&7V4Y,iNC -- =��-a -,Inn 1b.1—.1 Ykvl r !d HOUR 'x'HISS-I•Rllxi5 - Q� SFR'110E Flm _l;l!4.".,Lu i{�I T'tit W still r'_3,sal.Izt'_ ' igFL'HIRING F:XFHRIFaC61)URIi FAS --_ cln•�I.R_e Isss 0.Ih.4��i..c Ilk fv.lpphra[Idtl Attachments Exhibit E I i �: 1 �. � 1) iI a EI-V N 11)1- 1 1.(.) E1f=.f 11MY��`4 e RA I? N Ni F%RI January 7, 2015 Mr, Jimmy Sandhu President H.P.Automotive and Tow 7300 Roseberry Ave. Huntington Park, CA 90255 RE: General Reference Dear Mr. Sandhu: I am writing to provide this letter of recommendation for your records. I have known the work of HP Automotive and Tow for nearly ten years. I understand that the company has been serving the Los Angeles County area since 1966. Beginning small and modest,the company's hard work, solid and consistent efforts allowed it to grow to service multiple public and private sector clients. My office and I have always appreciated the professional and thoughtful dealings we have had with you and your company. The quality of your service to various law enforcement agencies, corporate customers and individuals contributed to your solid reputation of excellence in the towing industry. It is my position that your interpersonal and business proficiencies will be a valuable asset to any organization that acquires your services. If you have any questions, or would like more background information about this individual, please do not hesitate to contact me directly at (213)483-9300. Sincerely, �- r a KEVIN DE LEON SENATOR 24th Senate District (k SV i r' � '� I f ni POLICE DEPARTMENT Daniel Calleros,Interim Chief of Police 4305 Santa Fe Avenue, Vernon, California 90058 Telephone(323)587-5171 Fax(323) 826-1481 November 9,2011 To Whom It May Concern: Over the past 25 years,the Vernon Police Department has utilized the services from Huntington Park Tow on a regular basis_ Huntington Park Tow has been very responsive in providing necessary tow service for our Patrol Division, including two services needed for DUI Checkpoints. Their staff is attentive and is quick to address any issues that may arise. If you have any questions regarding the services provided,please feel free to call me at 323-587-5171, ext. 114. Sincerely, VERNON POLICE DEPARTMENT DANIEL CALLEROS INTERIM CHIEF OF POLICE POLICE DEPARTMENT BOARD OF POLICE �` 1 T /4 .. STEVE TOWLES COMMISSIONERS {{,, L► CHIEF OF POLICE LEONIS C. MALHURG, CHAIRMAN PHONE THOMAS A. Y13ARRA * (323) 587-5171 WILLIAM M. MCCORMICK "{ . ' �+ FAX (323) 826-1481 �XT Y : 4305 SANTA FE AVE., VERNON. CA 90058 October 8, 2008 To Whom It May Concern: Over the past 20 years the Vernon Police Department has utilized the services from H.P. Tow. H.P. Tow has been responsive in providing the necessary tow services for our Patrol Division, including tow services needed for DUI checkpoints. Their staff is attentive and is quick to address any issues that may arise. If you have any questions regarding the services provided, please feel to call me at 323-587-5171 , ext. 116. Sincerely, VERNON POLICE DEPARTMENT STEVE TOWLES CHIEF OF POLICE DANIEL CALLEROS CAPTAIN City of HUNTINGTON PARK Cal1fornia POLICE DEPARTMENT 6542 MILES AVENUE, HUNTINGTON PARK, CAUFORNIA 90255-4386 TEL. (323) 826-6629 - FAx (323) 826-6680 r- ' JORGE CISNEROS CHIEF OF POLICE November 10, 2011 To Whom it may conern: 1 am wdbng thzs letter on behalf of the Hunbngton Park Tow Company. The Huntington Park aw Company has keen contracted to provide towing services and other related services to the H-antington Park Police Department for more that 25 years. Throughout that time period, the service }provided has been more the aduate and has met the needs of the Huntington Park Police Departmerrt. The members of the H=-�ngton Park Toter Company have been courteous and professional over e sears. They have provided promp#, professional towing services to both the general public and law enj6rcemwt, 24 hours per day seven days per week_ I would recommend considering adding the Huntingto4 Park Tow Company to provide those services to any community or law enforcement contract' Very truly yours, QRGE CI NEKOS Chief of Police ®rl:,?" City of "HUNTINGTON PARK California POLICE DEPARTMENT 6542 MILES AVENUE.HUNTINGTON PARK,CALIFORNIA 90265-4386 Tet_ (323) 826-6600 - FAx (323) 826-6683 MAUL WADLEY October 2, 2008 CHIEF CF POLICE ro Whom It May Concerns: l am writing this letter on behalf of the Huntington Park Tow Company. The Huntington Park Tow Company has been contracted to provide towing services and other related services to the Huntington Park Police Department for more than 25 years. Throughout that time period, the service provided has been more than adequate and has met the needs of the Huntington Park Police Department. The members of the Huntington Park Tow Company have been courteous and professional over the years. With any business associated with the local police departments, providing prompt professional towing services to both the general public and law enforcement, adequate personnel and specialized vehicles are needed 24 hours per day seven days per week. Fhe Huntington Park Tow Company has been providing those services to our community. I would recommend considering adding the Huntington Park Tow Company to provide those services to any community or law enforcement contract. Sincerely, 1 UU)04 lsr UL WA .Y C hit4 of pol ice BELL POLICE DEPARTMENT 6326 PINE AVENUE BELL, CALIFORNIA 90201 p° 323-585-1245 i Steve Belcher June 12, 2012 .erim Chief of Police 323-923-2669 To whom it may concern: lcher@ciryofbell.org i am pleased to inform you regarding the performance of the Huntington Park Snthony Miranda Towing Service. Captain ,one-.323-923-2627 randa@cityofbell.org The City of Bell Police Department has been contracting with H.P.TUw for abod! itevenFinkelstein a year and a half. During his period of time their service and performance has Captain been exceptional. Their response times have been very good and their drivers cone:323-923-266G elstein@cityofbell.org provide good customer service. Their driver's uniforms are always clean and well kept as are the tow trucks which in turn reflect very favorably upon the Ty Hensbaw Ueutenant company. They have worked closely with the department in handling the ione:323-923-2670 custody of our stored vehicles and those stored as evidence. To date these oshaw@cityofbell.org vehicles have been stored properly and safely. Thomas Rodriguez Sergeant As a manager, I can appreciate working with a professional organization like the tone:323-585-1245 Huntington Park Towing Service. They have provided high levels of customer ext.333 Lri&uez@cityofbell.org service for the City of Bell. Albert Rusas Sergeant one:323-585-1245 ext.366 usas@cityofbeil.org ArtJimcne2 Steve Belcher Sergeant ione:323-585-1245 Interim Chief of Police cxt.250 nenez@cityofbell.org Jose Jimenez Sergeant tone.323-585-1245 err.362 oenex@cityofbell.org Steve Carrera Sergeant tone:323-585-1245 ext.322 carrera@cityofbell.org Greg Clark Sergeant tone;323-585-1245 ext.306 lark@cityofbell.org Fsbeyda Pimentel Records Manager tone;323-923-2658 nen tel@ckyofbell_org Garfie BELL GARDENS Tide So_California902 1 Bell Gardens, aliforia 9o2oi-3293 POLICE DEPARTMENT Telephone(562)806-7600 August 1, 2012 To Whom It May Concern: I am writing this letter on the behalf of Huntington Park Tow (HP Tow) Company. The HP Tow Company has been contracted to provide towing and other related services to the Bell Gardens Police Department since the beginning of this year. HP Tow has been more than adequate and has met the needs of the Bell Gardens Police Department. The members of HP Tow have been courteous and professional in their service. They have provided prompt, professional towing services to both the general public and law enforcement_ I feel very comfortable recommending HP Tow for any towing needs. If you have any further questions regarding this matter, please contact me at (562) 806- 7615. `ncerel}.� of Travis; Ca�+tain Integrity • Accountability o Professionalism CAA `+ City of South Gate q F. 8820 CAiJFDRNIA AVET7L}F . SpL]TH GATE CpUF0RN1A 902BQ3073 • (323)563-5400 FAX (323)563-5468 RANDALL DAVIS CHIEF OF POLICE April 14, 2015 Jimmy Sandhu, President H.P Automotive& Tow Inc. 7300 Roseberry Ave. Huntington Park, CA 90255 Subject: Tow Service Dear Mr. Sandhu, Per your request, members of the South Gate Police Department Patrol Division were asked to comment on their individual experience with H.P. Automotive& Taw Inc. Officers on dayshifl reported that the majority of the time it takes drivers too long to arrive on scene. An officer on the graveyard shift stated that due to sending a flatbed truck the majority of the time, it takes drivers twice as long to take a vehicle when it is parked on a narrow street. Our dispatchers reported that when they call to request a tow. the person taking the call has them repeat the location several times or they call back to ask for the location again. The dispatchers added that it can be inconvenient, especially if they are working a critical incident. Since H.P. Automotive& Tow Inc. has been serving the City of South Gate. we have not observed any unsafe driving practices by your drivers_ In addition, the drivers maintain a professional appearance and the tow trucks are kept clean and in good working order. I have riot received any complaints from the public regarding the level of custorner service from your employees_ Thank you for your dedication in improving service to the City of South Gate and taking the time to share this infomiation with your employees. Sincerely, - Edward Perez Patrol Lieutenant t �h�ri�'s ��xr�tn�erc� a�.erx��zrzxt�rs � AnntzM arft, (ffalifm-nia 917-94-Z1b9 „ •, LEROY D. HAGA,SHERIFF November 14, 2011 Mr. Jimmy Sandhu Vice President/General Manager H.P. Automotive & Tow Service Inc. 7300 Roseberry Avenue Huntington Park, California 90255 Dear Mr. Sandhu: H.P. TOW SERVICE PERFORMANCE It was a pleasure to speak to you a few days ago, and hear of your continued success in providing tow services to our department. As you recall, I had the pleasure of initially meeting you in 2002, when I was the captain of Century Sheriff's Station in Lynwood. During that time, I had an opportunity to personally visit your office and yard, meet your staff, and inspect your facility. I was impressed with the security, cleanliness and methodical documentation process that you have implemented at H.P. Tow. I have monitored your service performance in the three Sheriffs Stations that you provide tow service, Century Station, Compton Station, and East twos Angeles Station. I have been pleased to Hear of the courteous and professional service you have continued to provide and the high level of confidence each station captain has with your company's performance. I wish to congratulate you on your commitment to maintaining an excellent partnership with the Los Angeles County Sheriffs Department, not only in providing excellent tow services, but especially in community partnerships and leadership roles you have taken in assisting us in pursuing the Sheriff's vision of community service. It is my understanding that you are submitting H.P. Tow for consideration of other tow service contracts. If those agencies require additional information regarding your tow service performance, please feel free to advise them to contact me personally. I wish you the best of luck in your future business endeavors. 57 9�-ad frame 0 cservice Mr. Jimmy Sandhu - 2 - November 14, 2011 Sincerely, LEROY D. BACA, SHERIFF ES R:.L P CHIEF FI L OPE NS REGION II County of Los Angeles Ma Sheriff's Department Headquarters ' } 4700 Ramona Boulevard - • yW�IMf. * Monterey Park, California 91754-2169 June 12, 2012 To Whom It May Concem: This letter is to provide information regarding H- P. Automotive & Tow service. H. P. Automotive & Tow is currently contracted with the Los Angeles County Sheriff's Department for Vehicle Towing and Storage Services. As the manager of over 58 separate tow contract services, H.P. Tow stands out as a highly professional and well managed organization. They have been in good standing without complaints, since they contracted with our Department in 2009. They serve multiple Sheriff Stations along with many different municipalities- H. P. Tow has continuously received high marks on their inspections by our Investigator. H. P. Automotive & Tow Company have conducted themselves in a courteous and professional manner over the years and continue to do so. I would recommend H.P. Automotive & Tow as the contract service provider for any community or law enforcement organization- if you have any further questions, please contact me at (562) 946-7010. Sincerely, LEROY D. BACA, SHERIFF James L. Ritenour, Captain Major Crimes Bureau r .Jra0.(f/on 0 �c�c'1'u1C,e 61nce 1&50 (�11un#ig of was Ansrteo . . �h�rif#'� ��e�azi tm,err# �.erz�zJ-uxtr#�ers 47IIII Ramiaxttt Wiau etrarb ., .fnrrterrLi ]JnA, (galifornia 317-94-2169 r }` LEROY O BACA_SHERIFF September 28, 2011 H r' Tovv 7300 Roseberry Avenue Huntington Park, California 90255 To Whom It May Concern: The Taskforce for Regional Autotheft Prevention (TRAP) is a multi-agency, multi- jurisdictional auto theft task force responsible for the investigation, prosecution, and deterrence of vehicle theft related crimes in Los Angeles County. We have recently selected a number of tow companies to assist TRAP when the situation arises. Each tow company has been assigned a designated area and your tow company has been selected for one of those areas. Your area is within the following boundaries. Your north boundary is the 10 Freeway, south boundary is Artesia Boulevard, west boundary is the Pacific Ocean, and the east boundary is the 110 Freeway. We look forward to working together in our efforts to combat auto theft throughout the Los Angeles County. If you need anything, please don't hesitate to call myself or a member of my staff at (626) 572-5610. Sincerely, L Y D_ BACA, SHERIFF Anthony Ward, Ca fain Taskforce for Regi a utctheft Prevention ,57 arajfion f dery ce ' Century Sheriff's Station Booster Club 7 11703 South Alameda Street Lynwood, CA 90262 . info@centuryBoosters.com www.centuryBoosters.org July 20, 2009 To Whom it May Concern: As.a local businessman, community activist, and reserved sheriff officer within the department, 1 have had the privilege to work with the management and staff of H.P. Automotive & Tow, Inc. Their dedication and commitment towards providing professional tow services to the general community and police agencies is phenomenal. Any individual or municipality which seeks to find efficient quality towing services within the Los Angeles County Area must consider them. Having served the area for over 40 years, they have a proven track-record of customer satisfaction. Their comprehensive towing resources, staff experience and constant firm advancement are just some of the many positive qualities of this firm. Beyond the firm, the management has demonstrated community development to be a vital component of their mission to give. They are very supportive to our initiatives by providing voluntary and monetary support as needed. 1 have had a positive, purposeful experience working with them to better provide a better working environment to our sheriffs. Should you need any further information regarding the firm, feel free to call me at (310)528-1600_ Sincerely, Mike Pa President Century Sheriff's Station Booster Club - City of LYNWOOD J Caq LMeeting 0,60ea9e 11330 BULLIS ROAD LYNWOOD,CALIFORNIA 90262 (310)603-0220 x 271 November 14, 2011 To Whom It May Concern.- am submitting this letter on behalf of H.P. Automotive and Tow Service Incorporated. The City of Lynwood has contracted their professional services as the City's exclusive towing provider. As of this date, the representatives of H.P. Tow have provided an extraordinary level of service in complimenting the City's parking enforcement efforts. Their professionalism is beyond reproach. They have exhibited a sense of cooperation and customer service that is conducive with municipal enforcement. From their dispatch personnel to their tow truck drivers, each employee exemplifies the company's motto of imparting the best service possible. They are highly proficient and competent of all aspects of vehicle towing. Their tow yards are meticulously maintained and their fleet can accommodate all types of vehicles from passenger to commercial- ' Would strongly recommended H.P. Automotive and Tow Service as a worthy cornpany to provide towing and related services to any municipality or law enforcement agency. dt.,Zitaker , ,�. - --_ Pontrol Manager nwood LU G 24 LU Qj En cu US 04 •., 4- L� Ey cRtcuU a m g v c a Z. 4., cu zj 4-4 � �- Ra G O r—i as s � . • a, ° Ell Ln tj l 0 THE FREEMAN INVESTIGATIVE GROUP, INC. THREAT ASSESSMENT AND SOLUTIONS CONFIDENTIAL INVESTIGATIONS • EXECUTIVE BACKGROUND INVESTIGATIONS June 24, 2009 SUBJECT. LETTER OF RECOMMENDATION/HP TOW INC. To Whom It May Concern: I have had the pleasure of working with HP Tow, Inc. for the last three years, as a consultant and subject matter expert, in the area of California tow company compliance in working with police and governmental agencies. In addition, I have been working with HP Towing in conducting detailed background investigations of current and prospective employees, which is a marked difference and cutting edge management philosophy in the industry. Having served as a South East Los Angeles County Chief of Police, and as an elected official in Orange County, I have found HP Tow to be operating at the highest level- With my current firm, I have conducted numerous inspections of various towing firms throughout Southern California on behalf of my governmental clients. HP Tow consistently exceeds state mandates and laws governing the industry, and at the same time providing exceptional service to their clients, in a cost effective and professional manner. Without further qualification, I highly recommend HP Tow Inc, and it's management team lead by Jimmy Sandhu. If I can answer any questions about this fine organization, please don't hesitate to call upon me. Sincerely, THE FREEMAN INVESTIGATIVE GROUP, INC. Fred Freeman FMF/dm 3020 OLD RANCH PARKWAY, SUITE 300 • SEAL BEACH, CALIFORNIA 90740-2751 • WWW.FGI-INC.COM • F.FREEiMAN@MAC.COM TELEPHONE 562.799.5583 • CELLULAR 562.824.3772 • FACSIMILE 562.799.5501 III 22Hr�a EV-NELL CORPORATION 21520 Yorba Linda Boulevard Suite G, #476 Yorba Linda, CA 928 87-3 762 (714) 692-8619 FAX (909) 425-9028 Fed. Y.D.#33-0896297 June 9, 2009 To Whom It May Concern: I would like to take this opportunity to introduce Mr. S-t-&hbir Singh and his brother Mr. Jimmy Sandhu, owners of H.P. Automotive &Tow Service, Inc. located at 7300 Roseberry Avenue, Walnut Park, CA 90255. Misters Singh and Sandhu have been in the towing and storage service business as drivers and/or owners since 1997. The company was purchased in February 2003, after the sale of their previous company A&A Towing and Storage, in Long Beach, California. H.P. Automotive & Tow Service,Inc., contracts exclusively with Police, Sheriff and the California Highway Patrol (CHP)for towing services and storage. As a Retired CHP Sergeant,with a Commercial Enforcement background, I have known the Singh/Sandhu brothers since 2001, and believe them to be professionals at all times. They have been local leaders in the towing business setting positive examples with their facilities, equipment and employees. Their rates are competitive and they do not attempt to take advantage of their customers. They continue to receive satisfactory ratings on their State of California Biennial Inspection of Terminals (BIT) Program conducted by the CHP. All Tow Drivers have completed their California Tow Truck Association(CTTA) Training and have received their Certificates. The company tow trucks continue to pass the CHP's Annual Inspection. Both brothers are involved with local Governments,business and community organizations. I believe that any person or organization contemplating the services of H.P Automotive& Tow Service, Inc. would not be disappointed with the professionalism., honesty and service(s) received. fSi1nlcerrelly,' WILLIAM F. SNELL, CHP (Ret) #6162 Motor Carrier Safety Consultant EV-NELL Corporation lean HOICE Lien SerAce, I nc_ February 23, 2009 To Whom It May Concern: Clear Choice Lien Service, Inc. is a fully licensed and bonded lien sale processing company in the State of California. We have been in existence since 1989. We process lien sale paper work for some of the largest towing companies in the state. Many of our customers tow for law enforcement agencies, Police Departments, Sheriff Departments, The California Highway Patrol, School Police, and commercial accounts. We also process lien sales for the City of Claremont and have just recently been awarded the Lien Sale processing contract for the City of Placentia in Orange County. Clear Choice has been processing all the lien sale paperwork on behalf of HP Tow, Inc. for over 20 years. All of our dealings with HP Tow including the ownership, management and staff have been on the highest professional level. In our experience HP Tow conducts all areas of their business on par with the best towing companies in the state. We feel we are uniquely qualified to make this statement because we have 100's of towing companies throughout the state. I feel that HP Towing should receive the highest consideration for whatever service you may be looking for. In my experience you will not be disappointed. Please do not hesitate to call me if you would like any additional information regarding HP Tow, Inc. Sincerely, S q } r Val L'Heureux President Clear Choice Lien Service, Inc. '.O. Box 159009 San Diego, CA 92175 • 1-800-423-2123 www.CtearChoiceLiens.com CC13 CENTRO CRISTIANO BET- L "Oil 9641 VIRGINIA AVE. SOUTH LTE, CA 90280 (323)374--9976 April 13. 2015 — To Whom It May Concern Greetingsr My name is fiisholI .Ivan Carlos Mendez. I lead a coalition of 3.000 churel1cs in the greater Los Angeles area. In addition, I ana the pastor of'Ceritro Cristicano Bethel Church. 1 am also one of the leading pastors in Lus Angeles. I work very closely with the community and with all the elected officials at the municipal, state and federal levels. As a community leader I have the opportunity to work with many people. Jimmy Sandhu is a business man in our community. Jimmy clearly stands out from the rest of the: business leaders in Los Angeles. I le doesn't Just do business in the area he is a vital part of the community. It has been my privilege to have worked with him over the past two years_ .Timmy has consistently proven himself to be an excellent community member, contributes financially and with his attendance at many of our community events. In addition to his contributions. he is alwa)s asking [br areas where he can partner with the community. Very few business like to give back to the community. Mr. SandllLl is the exception. I am impressed with the way he does business. I am enthusiastic about the possibility of working with him in the future. I hope that he is perfect match for the Skills and e parien`e that YOU arc looking for. Please £or3-'_art me at if you have any questions_ I look forward to licaring from j•ou soon. i 3tic:erel rlr 1 ,arlos Mendel. 1,d. 1). Affidavit of Non-Collusion AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR STATE OF CALIFORNIA ) )ss COUNTY OF LOS ANGELES ) Jimmy Sandhu - being first duly swam deposes and says that hekhe is President preen'Sale owner".'Partner',-PTesi&r.T_-Seartay",or nlher proper Mlle) H.P.Automotive&TowJnc, (Inserr name of bidder) who submits herewith to the City of Vemon a bid/proposal-, That all statements of fact in such bid/proposal are true; Tl►at such bid'proposal was not made in the interest of or on behalf of any undisclosed person, partnership,company,association,organization or corporation; That such bid/proposaI is genuine and not collusive or sham; That said bidder has not, directly or ilydirectly 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 bidsiproposals,said bidder a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham bid/proposal: b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bidlproposal, or that anyone should refrain from bidding or withdraw his/her bidiproposal; c_ Did not, in any manner,directly or indirectly seek by agreement,communication or conference with anyone to raise or tic the bid/proposal price of said bidder or of anyone else, or to raise or fix any overhead, prof r or cost element of his/her bid/proposal price,or of that of anyone else; d_ Did not, directly or indirectly, submit his/her bi&proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof,or to any individual or group of individuals,except the City of Vernon,or to any person or persons who have a partnership or other financial interest with said bidder in his/her business. I certify under penalty of perjury thAt the above information is correct By: Title: President 77 Date: Y 04-15- 15 Mairh 2013 EXHIBIT C EXHIBIT C THE 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. EXHIBIT D 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.