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20150915 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 of wER Regular City Council Meeting ��'� `*L�a„M •1, Tuesday, September 15, 2015, 9:00 a.m. Council Chamber 4305 Santa Fe Avenue Vernon, California 1905 4 3�� W. Michael McCormick, Mayor &%fVZLY 1� 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. If you would like to comment concerning a matter that is noticed for a public hearing today, please wait until that hearing is formally opened before making your comment. 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 1. None. Regular City Council Meeting Agenda September 15, 2015 Minutes—To be Received and Filed 2. Minutes of the Regular City Council Meeting held August 18, 2015. 3. Minutes of the Regular City Council Meeting held September 1, 2015. Warrant Registers 4. Approval of City Payroll Warrant Register No. 711, totaling $3,125,092.29, which covers the period of August 1, through August 31, 2015, and consists of the following: A. Ratification of direct deposits, checks and taxes totaling $2,182,741.18; and B. Checks and electronic fund transfers (EFT) paid through General bank account totaling $942,351.11 5. Approval of City Warrant Register No. 1432, totaling $1,016,427.09, which covers the period of August 25, through September 7, 2015, and consists of the following: A. Ratification of wire transfers totaling $765,169.22; and B. Ratification of the issuance of early checks totaling $176,858.97; and C. Authorization to issue pending checks totaling $74,398.90. 6. Approval of Light & Power Warrant Register No. 397, totaling $7,373,305.69, which covers the period of August 25, through September 7, 2015, and consists of the following: A. Ratification of wire transfers totaling $7,313,621.32; and B. Ratification of the issuance of early checks totaling $38,111.84; and C. Authorization to issue pending checks totaling $21,572.53. 7. Approval of Gas Warrant Register No. 185, totaling $1,617,635.67, which covers the period of August 25, through September 7, 2015, and consists of the following: A. Ratification of wire transfers totaling $1,593,600.09; and B. Ratification of the issuance of early checks totaling $6,776.00; and C. Authorization to issue pending checks totaling $17,259.58. Page 2 of 6 Regular City Council Meeting Agenda September 15, 2015 City Administration Department 8. Report on FY 2015/2016 Docket I Grants Awarded by Vernon CommUNITY Fund Grant Committee. Recommendation: A. Receive and file the report as it is provided for informational purposes only, pursuant to Section 2.167(e) of the Vernon Municipal Code. Fire Department 9. Activity Report for the period of August 16 through August 31, 2015, to be received and filed. Health and Environmental Control Department 10. August 2015 Monthly Report, to be received and filed. Police Department 11. Activity Log and Statistical Summary of Arrests and Activities for the period of August 16, through August 31, 2015, to be received and filed. NEW BUSINESS City Administration Department 12. Authorization to Issue Purchase Contract to Advanced Utility Systems. Recommendation: A. Find that the approval of a Purchase Contract to Advanced Utility Systems 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. Authorize the issuance of a Purchase Contract to Advanced Utility Systems in an amount not to exceed $122,750, for the upgrade of the CIS Infinity billing software used by Vernon Gas & Electric. The issuance of said Purchase Contract is exempt from competitive bidding and competitive selection under the sole source exemption outlined in Section 2.17.12(A)(2) of the Vernon Municipal Code. Page 3 of 6 Regular City Council Meeting Agenda September 15, 2015 Health and Environmental Control Department 13. Approval of an Operations & Maintenance Agreement between the City of Vernon and the California Department of Toxic Substances Control for the former Thermador Industrial Site, 5119-5309 District Blvd. Recommendation: A. Find that approval of the Operations & Maintenance 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. Authorize the City Administrator, or his designated representative, to enter into an Operations & Maintenance (O & M) Agreement between the City of Vernon and the California Department of Toxic Substances Control (DTSC). 14. Approval of an Amendment No. 1 to the Services Agreement between the City of Vernon and MSW Consultants, Inc., for Solid Waste Consulting Services. Recommendation: A. Find that approval of the proposal Services Agreement with MSW Consultants, 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 an effect on the environment; and B. Authorize the City Administrator to enter into an Amendment No. I to the Services Agreement between the City of Vernon and MSW Consultants, Inc., in substantially the same form as submitted herewith, for an additional one-year period in the amount not to exceed $260,000.00. Human Resources Department 15. Adoption of Updated City of Vernon Personnel Policy and Procedure, Family and Medical Leave Policy V-4. Recommendation: Items A-C: A. Find that approval of the proposed personnel policy and procedure 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 Page 4 of 6 Regular City Council Meeting Agenda September 15, 2015 B. Adopt the attached Personnel Policy and Procedure, Family and Medical Leave Policy V-4 (updated) and incorporate into the Personnel Policies and Procedures Manual; and C. Authorize the City Administrator and the Director of Human Resources to execute and distribute the above-referenced policy to all employees. 16. A Resolution of the City Council of the City of Vernon approving the application for an Industrial Disability Retirement by Benjamin Potter pursuant to Government Code Section 21156. Recommendation: A. Find that approval of the attached resolution approving the application for an Industrial Disability Retirement by Benjamin Potter 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 a resolution approving the application for an Industrial Disability Retirement, pursuant to Government Code section 21156, based on medical evidence that Mr. Potter is substantially incapacitated from the performance of his usual and customary duties as a Police Officer for the City of Vernon. ORDINANCES 17. Adoption 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. (Second reading) 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. (Second reading) Recommendation: Items A-D: 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 Page 5 of 6 Regular City Council Meeting Agenda September 15, 2015 B. Adopt the proposed Ordinance No. 1231 granting to U.S. Tow, Inc., a franchise towing services agreement; and C. Adopt the proposed Ordinance No. 1233 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. ORAL REPORTS 18. City Administrator Reports—brief reports on activities and other brief announcements by the City Administrator and Department Heads. 19. City Council Reports—brief report on activities, announcements, or directives to staff. 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 1 Oth day of September 2015. By: Maria E. Ayala City Clerk Page 6 of 6 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, AUGUST 18, 2015, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: McCormick, Davis, Ybarra, Martinez and Woodruff-Perez MEMBERS ABSENT: None The meeting was called to order at 9:00 a.m. by Mayor McCormick. Mayor Pro-Tem Davis led the flag salute. CHANGES TO THE AGENDA Mayor McCormick announced once change to the agenda as follows: - Item No. 28, will be pulled until the next City Council Meeting City Clerk, Maria Ayala, announced the following as well: - Agenda Item No. 21, a revised budget sheet for the item is being provided to Council with copies also being made available to the public. PUBLIC COMMENT Mayor McCormick announced that this was the time allotted for public comment, and inquired whether anyone in the audience wished to address the City Council. The public will also be given an opportunity to comment on matters on the posted agenda during Council deliberation. Marisa Olguin (Vernon Chamber of Commerce) Ms. Olguin wanted to express appreciation and commend the City's Police and Fire Departments in their recent response to an emergency situation at the Chamber. Their response time was within three minutes. They were able to save a life. This recent incident shows the need for our public safety departments, and the CERT training that is consistently provided through the City. PRESENTATIONS 1. Personnel Matters - Service Pin Awards. July 2015 Anniversary Employee Name Job Title Years 1. Jose Pereyra Power Plant Operator 25 2. Wenceslao "Pepe"Reynoso Senior building Inspector 30 3. Ali Nourmohamadian (Hour) Utilities Engineering Manager 25 4. Brandon Gray Police Sergeant 20 Director of Human Resources Teresa McAllister reported on the item. The following employees were present to receive their Service Pin: Wenceslao "Pepe"Reynoso; Ali Nourmohamadian; and Jose Pereyra. (Sergeant Gray was not present). 2. Certificates of Appreciation for Exiting Members of the Vernon Housing Commission. Recommendation A. Present certificates of appreciation to W. Michael McCormick,Henry Haskell, and Eric Gustafson in recognition of their dedicated service to the Vernon Housing Commission. Regular City Council Meeting Minutes August 18, 2015 Councilmember Ybarra thanked the outgoing Commission members for their time and service to the City. She presented McCormick, Haskell and Gustafson with Certificates of Appreciation. 3. Swear-in Ceremony. Recommendation A. It is recommended that the City Council instruct the City Clerk to administer the Oath of Office required by Article XX, Section 3 of the Constitution of the State of California for the newly promoted Police Sergeant. Police Chief Daniel Calleros introduced the item by providing a review of the complete testing process conducted. Chief Calleros introduced new Sergeant Jeremy Cross. City Clerk Maria Ayala administered the Oath of Office for Sergeant Cross. 4. California Highway Patrol "10851" Grand Theft Auto Recovery Award. Chief Calleros introduced the item that would recognize Officers Fernando Valenzuela and Luis Vasquez for their efforts in combatting auto theft in the City. Chief Calleros introduced CHP Lieutenant Hill who presented the awards to the officers,and commended them for their hard work and dedication. Mayor McCormick recessed the meeting at 9:18 a.m. and reconvened at 9:28 a.m. PUBLIC HEARINGS 5. Public Hearing on the City's conformance with the criteria in the Congestion Management Program (CMP). Resolution No. 2015-55 - A Resolution of the City Council of the City of Vernon finding the City of Vernon to be in conformance with the Congestion Management Program (CMP) and adopting the CMP Local Development Report, in accordance with California Government code section 65089. Recommendation: A. Find that approval of the 2015 CMP Local Development Report is (i) statutorily exempt from California Environmental Quality Act (CEQA) review in accordance with CEQA Guidelines Section 15276, which expressly exempts the preparation and adoption of a Congestion Management Program by a county congestion management agency like MTA (as defined below) pursuant to Government Code section 65089 et seq. and (ii) categorically exempt pursuant to CEQA Guidelines section 15061(b)(3) because there is no possibility that approving the report may have a significant effect on the environment; and B. Adopt a resolution of the City Council of the City of Vernon finding the City of Vernon to be in Conformance with the Congestion Management Program (CMP) and Adopting the CMP Local Development Report, in accordance with California Government Code § 65089. Director of Public Works, Water and Development Services, Kevin Wilson introduced the item. Reporting on the City's compliance with the program. Mayor McCormick opened the public hearing at 9:33 a.m. No public comment was provided. It was moved by Davis and seconded by Ybarra to approve Resolution No. 2015-55. Motion carried, 5-0. 6. Public Hearing on Dedeaux Properties, LLC requesting approval of a conditional use permit to construct and operate a commercial/retail facility. Page 2 of 11 Regular City Council Meeting Minutes August 18, 2015 Resolution No. 2015-56 - A Resolution of the City Council of the City of Vernon approving a Conditional Use Permit for Dedeaux Properties, LLC To Construct And Operate A Commercial/Retail Facility Located At 1810 25th Street. Recommendation: A. Find that approval of the proposed Conditional Use Permit is exempt under the California Environmental Quality Act (CEQA) in accordance with Class 32, Section 15332, "In-Fill Development Projects," because: (i) the Project is consistent with the City's General Plan and zoning regulations, (ii) the proposed development occurs within City limits on a project site of no more than five acres substantially surrounded by urban uses, (iii)the Project site has no value, as habitat for any endangered, rare or threatened species, (iv) approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and(v)the site can be adequately served by all required utilities and public services. Therefore,the Project complies with the findings listed above and may be considered exempt from the California Environmental Quality Act under Section 15332 of the CEQA Implementation Guidelines; and. B. Adopt a resolution of the City Council of the City of Vernon approving a conditional use permit for Dedeaux Properties, LLC to construct and operate a commercial/retail facility located at 1810 25th Street. Mr. Wilson provided a PowerPoint presentation on this item that included an overview of the property and potential plans for development. Mayor Pro-Tern Davis had questions regarding any foreseeable need to relocate power lines on the south side of 25th St. and hours of operation for businesses. Mr. Wilson responded that no issues are anticipated with power lines; and that businesses would be able to operate seven days a week if they choose to. Councilmember Ybarra had questions regarding any plans for a pedestrian bridge, and whether or not there were any plans to zone for housing. Mr. Wilson responded that the pedestrian bridge was not an item that was discussed in the plans, and would need to be addressed with the Alameda Corridor. With regards to housing, the site is not zoned for housing. Mayor McCormick opened the public hearing at 9:44 a.m.No public comment was provided. It was moved by Davis and seconded by Woodruff-Perez to approve Resolution No. 2015-56. Motion carried, 5-0. CONSENT CALENDAR It was moved by Ybarra and seconded by Woodruff-Perez to approve all matters listed under the Consent Calendar under one motion as presented. Motion carried, 5-0. Claims Against the City—Received and Filed 7. None Minutes—To be Received and Filed 8. Minutes of the Regular City Council Meeting held July 21, 2015. 9. Minutes of the Regular City Council Meeting held August 4, 2015. 10. Minutes of the Joint Special City Council Meeting held August 11, 2015. Page 3 of 11 Regular City Council Meeting Minutes August 18, 2015 Warrant Registers 11. Ratification of the following City Warrant Registers to record the following voided checks: A. City Warrant Register No. 1427 to record voided Check No. 347957 in the amount of$500.00; and B. City Warrant Register No. 1427 to record voided Check No. 347969 in the amount of$240.00. 12. Ratification of Light & Power Warrant Register No. 391 to record voided Check No. 511447 in the amount of$105.00. 13. Approval of City Payroll Warrant Register No. 710, totaling $3,062,765.08, which covers the period of July 1 through July 31, 2015, and consists of the following: A. Ratification of direct deposits, checks and taxes totaling $2,229,930.70; and B. Checks and electronic funds transfers paid through General bank account totaling $832,834.38. 14. Approval of City Warrant Register No. 1430, totaling$1,409,144.03,which covers the period of July 28, through August 10, 2015, and consists of the following: A. Ratification of wire transfers totaling $538,384.42; and B. Ratification of the issuance of early checks totaling $535,700.67; and C. Authorization to issue pending checks totaling $335,058.94. 15. Approval of Light & Power Warrant Register No. 395, totaling $1,569,904.34, which covers the period of July 28, through August 10, 2015, and consists of the following: A. Ratification of wire transfers totaling $1,501,026.34; and B. Ratification of the issuance of early checks totaling $29,681.28; and C. Authorization to issue pending checks totaling $39,196.73. 16. Approval of Gas Warrant Register No. 183, totaling $1,481,152.88,which covers the period of July 28, through August 10, 2015, and consists of the following: A. Ratification of wire transfers totaling $1,480,618.38; and B. Ratification of the issuance of early checks totaling $222.00; and C. Authorization to issue pending checks totaling $312.50. Fire Department 17. Activity Report for the period of July 16 through July 31, 2015, to be received and filed. Health and Environmental Control Department 18. July 2015 Monthly Report,to be received and filed. Page 4 of 11 Regular City Council Meeting Minutes August 18, 2015 Police Department 19. Activity Log and Statistical Summary of Arrests and Activities for the period of July 16,through July 31, 2015,to be received and filed. NEW BUSINESS City Administration Department 20. Resolution No. 2015-XX - A Resolution of the City Council of the City of Vernon amending Resolution No. 2012-173 and 2014-53 regarding the reimbursement of certain costs incurred by current Vernon City personnel in connection with a review by the California Public Employees' Retirement System ("CalPERS"). Recommendation: A. Find that the approval of the proposed resolution is exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Adopt the resolution to authorize up to an additional $75,000 in reimbursable legal expenses for Michael McCormick relating to his ongoing appeal of CalPERS' determination arising out of the CalPERS Audit Report findings (CalPERS Case No. 2013-0899). Mayor McCormick recused himself from the item, citing that it may present a conflict of interest for him, and departed the meeting at 9:46 a.m. City Administrator Mark Whitworth introduced the item as a request seeking additional funding for legal expenses for Michael McCormick related to his ongoing appeals for CalPERS. Deputy City Attorney Brian Byun provided input on the procedural aspects of the case. Deputy City Administrator Kristen Enomoto provided information on the revised amount for request, as it would cover legal costs as per Mr. McCormick's attorney. Considerable dialogue took place on this item with Councilmembers having questions related to the number of appeals in the case, and the budgeting of additional legal expenditures. Staff explained the appeals process in this particular case, and that monies are budgeted every year for legal expenses. It was moved by Martinez and seconded by Ybarra to approve the proposed resolution. A request was made for the City Clerk to conduct a Roll Call Vote as follows: Davis (No); Martinez (Yes); Ybarra(No); and Woodruff-Perez (No). Motion denied, 1-3. Mayor McCormick reentered the meeting at 10:14 a.m. 21. Resolution No. 2015-57 - A Resolution of the City Council of the City of Vernon approving and authorizing the execution of an agreement regarding assignment and assumption of purchase and sale agreement by and between the City of Vernon and Fruitland Owner, LLC for property located at 3200 Fruitland Avenue. Recommendation: A. Find that approval of the proposed agreement regarding assignment and assumption 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 B. Approve the Resolution to authorize the Agreement Regarding Assignment and Assumption of Purchase and Sale Agreement with Fruitland Owner, LLC for the property located at 3200 Fruitland Avenue. Page 5 of 11 Regular City Council Meeting Minutes August 18, 2015 Economic Development Manager Alex Kung introduced this item by giving a background of the property. It was moved by Davis and seconded by Ybarra to approve Resolution No. 2015-57. Motion carried, 5-0. City Clerk Department 22. Approval of a Request for Expression of Interest and Information (RFI) for a Potential Records Management Program Request for Proposal (RFP). Recommendation: A. Find that approval of the proposed Request for Expression of Interest and Information (RFI) does not constitute a "project" pursuant to section 15378(b)(2) of the Guidelines to the California Environmental Quality Act("CEQA"), because it constitutes an administrative activity; and even if the adoption of the proposed RFI did constitute a project, it would be exempt from 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 issuance of the Request for Expression of Interest and Information (RFI)to be used for the potential development of a Records Management Program Request for Proposal (RFP). Ms. Ayala introduced the item as the first step in working towards implementing a Records Management Program in the City. It was moved by Woodruff-Perez and seconded by Ybarra to approve a request for expression of interest and information(RFI) for a potential records management program request for proposals. Motion carried, 5-0. Gas and Electric Department 23. Request for Approval of Millennium, Inc. Products Optical Fiber Use Agreement No. 14. Recommendation: A. Find that the Optical Fiber Use Agreement No. 14 with Millennium, Inc. is exempt under the California Environmental Quality Act(CEQA)in accordance with CEQA Guidelines Section 15301(b) which exempts minor extensions of utility services involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination, and under Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment,because the proposal will not require any construction, and the only physical change to the environment is stringing a few hundred feet of fiber optic cabling (of roughly 1/2 inch in diameter) from existing utility poles onto private property; and B. Approve and authorize the execution of Optical Fiber Use Agreement No. 14 by and between the City of Vernon and Millennium Products, Inc. and the related Short Form IRU-14.1 Indefeasible Right of Use Agreement, in substantially the same form as submitted with the staff report,for the purpose of leasing unused fiber optic cable. Upon approval, construction for the implementation of an Optical Fiber Connection will commence. Director of Gas &Electric, Carlos Fandino introduced the item. It was moved by Davis and seconded by Martinez to approve the Millennium,Inc.products optical fiber use agreement. Motion carried, 5-0. Page 6 of 1 1 Regular City Council Meeting Minutes August 18, 2015 Human Resources Department 24. Adoption of City of Vernon Exceptional Employee Program (VEEP)Award. Recommendation: A. Find that approval of the proposed VEEP Award 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 Vernon Exceptional Employee Program (VEEP) and; C. Authorize the City Administrator and the Director of Human Resources to administer the program annually. Ms. McAllister introduced the item and provided a PowerPoint presentation that exhibited the pamphlet for the VEEP program. She went on to explain how the program would work. Questions from Council included questions on the nomination period and process, with Ms. McAllister responding accordingly. It was moved by Ybarra and seconded by Davis to adopt the City of Vernon Exceptional Employee Program (VEEP) Award. Motion carried, 5-0. Police Department 25. Federal Equitable Share Agreement and Annual Certification Report. Recommendation: A. Find that granting authority to execute and submit the above-referenced agreement and related documents is exempt from California Environmental Quality Act ("CEQA") review, because such is a government fiscal activity, which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment and is therefore not a "project" as defined by CEQA Guidelines section 15378. Furthermore, even if it were a project, the activity would be exempt in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Authorize the Police Chief and City Administrator to execute the Federal Equitable Share Agreement and Annual Certification Report on behalf of the City of Vernon, in substantially the same form as submitted with the staff report. Chief Calleros introduced the item, and explained the process and procedures involved with the agreement and program. It was moved by Ybarra and seconded by Woodruff-Perez to authorize the execution of the Federal Equitable Share Agreement and Annual Certification. Motion carried, 5-0. Public Works,Water and Development Services Department 26. Resolution No. 2015-58 - A Resolution of the City Council of the City of Vernon approving the Greater Los Angeles Integrated Regional Water Management Plan Update 2014 for the 2015 final round of Prop 84 IRWM Grant Program. Page 7 of 11 Regular City Council Meeting Minutes August 18, 2015 Recommendation: A. Find that the proposed Resolution Adopting the Greater Los Angeles Integrated Regional Water Management Plan Update 2014 is exempt under the California Environmental Quality Act ("CEQA") in accordance with CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment and pursuant to Section 15308, because the action is to assure the maintenance, restoration, enhancement or protection of the environment where the regulatory process involves procedures for the protection of the environment; and B. Approve a Resolution adopting the Greater Los Angeles Integrated Regional Water Management Plan Update 2014. Mr. Wilson introduced the item. It was moved by Davis and seconded by Ybarra to approve Resolution No. 2015-58. Motion carried, 5-0. 27. Resolution No. 2015-59 - A Resolution of the City Council of the City of Vernon approving and accepting the Grant Deed dedicating in fee a portion of the property located at 3636 26th Street. Recommendation: A. Find that accepting the Grant Deed is exempt from the California Environmental Quality Act(CEQA) in accordance with CEQA Guidelines section 15301(c) because if any construction occurs as a result of accepting and executing the Grant Deed, the work would merely involve negligible expansion of an existing street; and B. Adopt the proposed resolution to authorize the Mayor and City Clerk to execute the Certificate of Acceptance and the Grant Deed for approximately 2,537 square feet of land located at 3636 26th Street. Mr. Wilson introduced the item. It was moved by Ybarra and seconded by Martinez to approve Resolution No. 2015-59. Motion carried, 5-0. ORDINANCES 28. Approval of the following or-dinanees Granting U.S. Tow, ine. and A4. C's Towing of South Cate ., agreement.Ordinanee No. 1231 An Ordinanee of the City Couneil of the City of Vernon granting to U.S. Tow, ine., a franehise towing serviees Or-dinanee No. 1232 An Or-dinanee of the City Couneil of the City of Aler-nott granting to Air. C's Towing of South Gate, ine., a franehise towi agreement A. Find the approval of aserviees agreemen4 with US Tow1-ne and Na, C's T-...,;B. Hold the fif-st reading of the -proposed Of-dinanee granting to U.S. Tow, ,, ., fianehise towing se4l i ��g -ent; and G. Held the first reading of the proposed Or-dina-nee granting to Aa, Cis Towing-4 SetAh Gate, •> > aftA Page 8 of 11 Regular City Council Meeting Minutes August 18, 2015 D. Aidthefize the Mayof to &ieeete- the ffaneh4— Its on behalf of the City. Agenda Item No. 28 was pulled from the agenda, and would be brought back for the next City Council Meeting. DISCUSSION ITEM AND POSSIBLE DIRECTIVES TO STAFF 29. Discussion of Proposed Elimination of Priority for First Responders in Leasing City- Owned Housing. Recommendation: A. Hold a discussion regarding the joint recommendation made by the Housing Commission and City staff to eliminate the priority for first responders in leasing City-owned housing. B. If the City Council concurs with the aforementioned recommendation, direct staff to prepare an ordinance to amend Section 2.125(b) of the Vernon Municipal Code to remove the first responder leasing priority, effective at 5:01 p.m. on December 8, 2015. Ms. Enomoto introduced the item. Marisa Olguin (Chamber of Commerce) Ms. Olguin expressed that the business residents have enjoyed the benefit of having fire stations and water supplies strategically placed around the city and having well-staffed city departments in the area of. police, fire,public works, and light and power. The current infrastructure ensures that the City is meeting the needs of the community. The Chamber worked collectively with the City to establish and create the ordinance on offering the opportunity for housing to first responders. At this time, the Chamber is not taking a strong position on whether or not to strike the first responder priority from the ordinance; but would, instead, like to understand the Council's position on this matter. Ms. Olguin further commented that the Housing Commission is doing a good job in addressing housing issues. This is an independent body from the Council, and they are doing what they are supposed to. Lastly, Ms. Olguin expressed that the Council should look into developing stronger policies and procedures to address conflicts in housing when they arise. On a motion by Martinez and a second by Woodruff-Perez, the Council voted to keep the current housing policy in place. Motion carried, 4-1 (Ybarra). ORAL REPORTS 30. City Administrator Reports—brief reports on activities and other brief announcements by the City Administrator and Department Heads. Police Chief Daniel Calleros reported on the following: August 6 vehicle pursuit of a stolen vehicle; August 7 patrol officers responding to a report of a plan down; August 9 reported armed robbery; and August 6 officers responding to a man down call in the area of Santa Fe Ave. and 38th St. Police Captain Michael Gillman reported on vandalism that took place on August 9 in the 200 block of 26th Street, wherein a pole had been spray-painted. Fire Chief Mike Wilson reported on the following: Fire Crews returned from their strike teams on August 16. As the crew was returning into L.A. County, the fire engine was rear-ended. No injuries, and minimal damage to the fire engine. Page 9 of 11 Regular City Council Meeting Minutes August 18, 2015 Director of Public Works, Water and Development Services Kevin Wilson reported on the following: an update on the Slauson and Boyle project, where a potential problem to the core soil may be present. If so, the project may need to be cancelled and redesigned. Councilmember Ybarra asked if problems with the soil were confirmed, what would be the next steps. Mr. Wilson responded with the steps that staff has taken to research this area, and the need to work with Health Department and AQMD, and potentially sending out necessary notifications, working with the contractor, etc. Director of Gas & Electric, Carlos Fandino reported on the following: August 5 power outage; update on cap and trade where today they will be entering an auction and purchasing credits, he will advise at a later date how the auction goes;VG&E presented the Vernon Business and Industry Commission with a PowerPoint on "Distributed Generation Impact Study", a brief presentation will be forthcoming for Council on the findings of the study; and provided an update on the Pump House 2 project. Finance Director William Fox reported on the recent error that occurred where the City's bank trustee,Bank of New York, failed to make an interest payment. The City has taken the appropriate steps to contact the bank and bond counsel, and ensure that all steps that needed to take place to mitigate the problem and report it accordingly were completed. Director of Health and Environmental Control Leonard Grossberg reported on the following: continues to review AQMD Rule 415, as the public comment period has been extended; an Exide Advisory Committee meeting will be taking place this week; and the next Green Vernon Commission meeting will take place on September 16. Director of Human Resources Teresa McAllister reported on the following: upcoming employee trainings, such as generational training for employees, and first time supervisor training; Health Benefits Fair on September 17; mandated harassment training will be scheduled; announced that the City is now live on NeoGov HR recruitment process; and interviews will be held tomorrow for the executive search firm for the City Administrator. Economic Development Manager Alex Kung, reported on the following: at the recent Business and Industry Commission,he presented information on the Cerritos College free employee training program that would be beneficial for the businesses; City Clerk Maria Ayala reported on the recent AB 1234 Ethics Training that was attended by City officials and staff. This training would be considered a premise to a future workshop that will be facilitated by the Office of the City Clerk focusing on the internal process for Public Records Act requests. Fred McFarlane, Senior Advisor to the City Administrator, reported on the following: signed agreement from the L.A. Legacy, there are still a few items yet to be accomplished with this; he and Anne Marie Jones (Jemmott Rollins Group) did a walk tour at L.A. Legacy recently; a date will be scheduled, for some time in the fall, to have Council visit the site as well. City Administrator Mark Whitworth announced the upcoming Vernon CommUNITY Fund Grant Committee Meeting that would take place tomorrow. Several items on the agenda include: year- End summary report for fiscal year 2014/2015; and Award of Docket 1 Grants for fiscal year 2015/2016. 31. City Council Reports—brief report on activities, announcements, or directives to staff. No reports provided by Council. CLOSED SESSION At 11:21 a.m.the City Council entered into closed session to discuss the following agendized item: 32. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (6) Government Code Section 54956.9(d)(1) Page 10 of 11 Regular City Council Meeting Minutes August 18, 2015 (a) In the Matter of the Calculation of Final Compensation of Bruce Malkenhorst, Sr. CalPERS Case No. 2012-0671 (b) Bruce Malkenhorst, Sr. v. City of Vernon, et al. Los Angeles Superior Court Case No. BC516321 Court of Appeal of California Case No. B258793 (c) Bruce Malkenhorst, Sr. v. State of California, et al. (United States District Court Case No. SACV 14-00296) (d) Jurupa Avenue Limited Partnership v. City of Vernon, et al. Los Angeles Superior Court Case No. BC516913 (e) Los Angeles Unified School District v. County of Los Angeles, et al. Los Angeles Superior Court Case No. BS 108180 (f) City of Gardena v. Regional Water Quality Control Board—Los Angeles Region, et al. (Los Angeles Superior Court Case No. BS 156342) At 11:45 a.m. the City Council exited closed session. Deputy City Attorney Brian Byun announced that there was no reportable action taken. With no further business, at 11:45 a.m., Mayor McCormick adjourned the meeting. W. Michael McCormick Mayor ATTEST: Maria E. Ayala City Clerk Page 11 of 11 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, SEPTEMBER 1, 2015, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: McCormick, Davis, Ybarra, Martinez and Woodruff-Perez MEMBERS ABSENT: None The meeting was called to order at 9:00 a.m. by Mayor McCormick, with Director of Gas and Electric, Carlos Fandino, leading the flag salute. CHANGES TO THE AGENDA City Clerk Maria Ayala announced two changes to the agenda: - Agenda Item No. 2 would be addressed as the first item; and - Agenda Item No. 5 would be tabled and brought back for a future City Council Meeting. PUBLIC COMMENT Mayor McCormick announced that this was the time allotted for public comment, and inquired whether anyone in the audience wished to address the City Council. The public will also be given an opportunity to comment on matters on the posted agenda during Council deliberation. Genesis Coronado (Field Deputy for Congresswoman Lucile Roybal-Allard's Office) Ms. Coronado introduced herself to the Council and public and offered to provide assistance with regards to any federal matters. Henry Gonzalez (Community Member) Mr. Gonzalez indicated he would like to speak on behalf of HP Tow. Mayor McCormick informed Mr. Gonzalez that his public comments on HP Tow could be made at the time that item would be considered by Council. PRESENTATIONS 2. Outstanding Athletic Achievement Recognition Award presented to Firefighter Douglas Barker. Fire Chief Mike Wilson introduced Firefighter Douglas Barker. Chief Wilson briefly shared the accomplishments Mr. Barker has achieved in various athletic events over the last 15 years — accumulating over 40 medals. Mr. Barker thanked the City for their support and recognition. 1. The Police Department will conduct a badge presentation ceremony to recognize the five newly selected Police Corporals. Police Chief Calleros briefly explained the responsibilities of the Corporal position, and the testing process involved. Chief Calleros introduced the new Police Corporals: Anthony Encinas; Lorenzo Gaytan; Gabriel Martinez; Daniel Onopa; and Richard Villegas. All five Corporals were introduced and accompanied by their families during the badge presentation. Mayor McCormick recessed the meeting at 9:16 a.m. and reconvened the meeting at 9:25 a.m. 3. Presentation by John Van de Kamp of his July 31, 2015 Independent Reform Monitor Report. Regular City Council Meeting Minutes September 1, 2015 Independent Reform Monitor, John Van de Kamp, provided an oral summary report of his July 31, 2015 Report. Following are the summarized highlights from Mr. Van de Kamp oral report: - Vernon's good governance momentum is still strong; - Government leaders must keep in mind that primary stakeholders in Vernon are the businesses; - City had a balanced budget last year; - One of the most important things accomplished this year is the refinancing of the City; - Utility rates, which might have increased, will now be lower than would have been expected, in part because of the refinancing that has been accomplished; - One of the most important decisions the Council will be making this year is selection of a new City Administrator; - Continuing to monitor the Exide site closely for the next few years; - Opening of Vernon Village Park was a major achievement for the City; - Green Vernon Commission continues to address the long standing "air" issue in the City; - City Council should become familiar with the acres of property the City owns in Kern County; - The Vernon CommUNITY Fund's accomplishments and continued efforts; - Vernon's vacancy rates; - City Council to look at continued development in the City. Mr. Van de Kamp also commented on the recent fictional television series, True Detective,where the city"Vinci"was featured. Mr. Van de Kamp concluded his report by adding that Vernon's salaries of its officials and councilmembers, are in line with other southern California cities; competitive elections are now taking place; new housing has doubled population (emphasized that Vernon was not necessarily built for residences but for businesses and the 50,000+ people those businesses employ), City's finances have been substantially improved,purchasing policies have been amended to comply with best practices, the City has put in place a good neighbor policy to help non-profit entities in neighboring areas who provide public services, the Housing Commission is active and overseeing City-owned housing, etc. Urged the City Council to participate in the solutions for future challenges the City will face. Vernon's path of good governance will depend on strong and ethical leadership that will learn from its history. Mr. Van de Kamp asked the Council what their views are in terms of priorities for the City. The Council responded as follows: Mayor McCormick: The City continue on good governance, open meetings and transparency, and continuing to encourage new businesses to come to Vernon. Mayor Pro-Tern Davis: Welcoming our new electorate and residents of Vernon, even though we are an industrial City. Councilmember Martinez:Happy to see most reforms have been completed. Some of the priorities for the next six months will be to continue on a path of good governance and find replacements for retiring employees which is important for the City's future. Councilmember Ybarra: Wants to see growing communication and continuing to be more transparent; continue to grow and bring in more businesses and a little more residential areas. Mr. Van de Kamp recommends that Council should consider what adding more residents would mean and how they would impact the businesses. Councilmember Woodruff-Perez:Proud to see that Vernon strives to not only be business friendly, but also being a good neighbor to surrounding cities. She is particularly concerned with making a good selection in a new City Administrator, as it is a key leadership position and part of the heart of the organization. Page 2 of 10 Regular City Council Meeting Minutes September 1, 2015 4. American Public Power Association (APPA) Mutual Aid Agreement. Todd Dusenberry, Vernon Gas and Electric Manager, provided a PowerPoint presentation on the overview of the mutual aid process. The presentation included information on: the different levels of response and responsibilities of corresponding parties involved; APPA Mutual Aid Agreement; and emergency preparedness. Reeommendation Item tabled and to be presented at a future meeting. CONSENT CALENDAR It was moved by Davis and seconded by Ybarra to approve all matters listed under the Consent Calendar under one motion as presented. Motion carried, 5-0. 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 C. Authorization to issue pending checks totaling $28,134.05. Page 3 of 10 Regular City Council Meeting Minutes September 1, 2015 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. Resolution No. 2015-60 - 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: 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 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 Ms. Enomoto introduced the item and explained the rating process for the RFP, and bringing forth the recommendation for what was considered the best agent to fit the needs of the responsibility best. It was moved by Ybarra and seconded by Martinez to approve Resolution No. 2015-60. Motion carried, 5-0. Page 4 of 10 Regular City Council Meeting Minutes September 1, 2015 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. Fire Chief Wilson introduced the item and explained the background of the previous agreement that had been approved by Council. It was moved by Davis and seconded by Martinez to approve the Donation and Release Agreement between the City of Vernon and the California Fire Museum and Safety Learning Center. Motion carried, 5-0. Gas and Electric Department 16. Resolution No. 2015-61 - 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. 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. Director of Vernon Gas and Electric, Carlos Fandino, introduced the item and briefly explained the provisions of the agreement that included the process for reimbursement from the Department of Transportation. It was moved by Davis and seconded by Woodruff-Perez to approve Resolution No. 2015-61. Motion carried, 5-0. 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 Page 5 of 10 Regular City Council Meeting Minutes September 1, 2015 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. Ms. McAllister introduced the item and briefly explained: the City has not yet received the official retirement notice from the current City Administrator; the RFP process in selecting the proposed search firm; the recommendation for the cost of the recruitment to be at a cost not to exceed $24,000; and that the announcement of the position for a new City Administrator has already been published in the Western Cities magazine. Sandra Orozco (Community Member) Ms. Orozco explained she is a southeast political activist and watchdog and is familiar with Bob Murray, and Mr. Friedman (VP for the firm). She supports the recommendation to choose this search firm. It was moved by Davis and seconded by Martinez to approve the professional services agreement with Bob Murray&Associates. Motion carried, 5-0. 18. Resolution No. 2015-62 - 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: 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 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 6 of 10 Regular City Council Meeting Minutes September 1, 2015 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. Ms. McAllister introduced the item, and briefly summarized the proposed updates. It was moved by Ybarra and seconded by Martinez to approve Resolution No. 2015-62. Motion carried, 5-0. 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. Chief Calleros introduced the item and gave a brief background on the RFP process. Questions from the Council included: Were entirely new evaluations conducted? Will there be a policy in place to even distribute the tows? Were evaluations provided to Councilmember Woodruff-Perez the same as the score sheets? Chief Calleros responded that new evaluations had been conducted, new procedures will be implemented to assure equal rotation between towing companies, and that the new evaluations provided were the same as the score sheets. Marisa Ol ug_in(Chamber of Commerce) Expressed that she is pleased with the review process utilized by the City, as it demonstrates the hard work that staff is putting into the RFP process. Toni Kern(Attorney) Ms. Kern was present to speak on behalf of Mr. C's Towing and expressed appreciation on their behalf for allowing the company to participate in the process. Ms. Kern further explained previous legal matters regarding Mr. C's Towing that may have impacted the decision made by the City. Page 7 of 10 Regular City Council Meeting Minutes September 1,2015 The following individuals provided public comment in support of HP Automotive and Tow Inc. and gave examples of positive efforts and experiences with the towing company: Bishop Juan Carlos Vendez(Churches in Action);Andy Molina(Southeast Churches Service Center); Gil Hurtado (South Gate Councilmember); Alma Marquez (District Director for Senator Tony Mendoza); Ricardo Flores (Church Representative); Henry Gonzalez (South Gate Youth Football Organization); Ben Hernandez (Bomberos Association); Luis Marquez (Mayor,City of Downey);Sandra Orozco(Community Activist): Moshe Ben Dam(U.S.Tow) Expressed appreciation for the City selecting U.S. Tow as one of its towing companies. Takes pride in the professionalism that US Tow has to offer. Angel Sotelo(South Gate Chamber of Commerce) Spoke on behalf of Mr.C's Towing Company and the positive business relationships and customer base that the company currently has. On a motion by Davis and a second by Martinez the City Council held the first reading of the proposed Ordinances No. 1231 and No. 1233. Motion carried 3 Ayes; 1 No (Ybarra); and 1 Abstention(Woodruff-Perez). ORAL REPORTS 20. City Administrator Reports—brief reports on activities and other brief announcements by the City Administrator and Department Heads. Police Chief Daniel Calleros reported on the following:August 20 reported embezzlement case; August 27 patrol officers responding to an assault with a deadly weapon;this past weekend patrol officer conducted traffic enforcement of reckless drivers along Pacific Blvd. and in the area of Downey and Bandini; and an animal rights activist group will be planning to conduct a demonstration at Farmer John,on Friday,October 2,with staff contacting the organizer. Police Captain Michael Gillman reported on vandalism that took place on August 20 in the 2300 block of Slauson where two juveniles were detailed for vandalism and other various charges. Fire Chief Mike Wilson reported on the following:Captain Busch has been conducting CPR First Aid Training;continuing annual training in trench rescue; and,on August 30 crews responded to the Alameda Corridor where a train crew reported seeing a body in the trench. Director of Public Works, Water and Development Services Kevin Wilson reported on the following: good news on Slauson and Boyle projects where soil samples came back negative for asbestos, allowing for the project to continue;the well rehabilitation was conducted recently by the fire station nearby City Hall;and the City receiving a letter from State Water Resources Control Board, a Water Conservation Warning Letter, and the City increasing its water conservation efforts. Director of Gas&Electric, Carlos Fandino reported on the following: August 23 power outage; state regulatory issues that will affect the business community, SB 350; sent employees for a training in gas field;and welcomed Chambers as new gas customer to VG&E. Finance Director William Fox reported on the following: participation in a FEMA training; and also provided an update on the City's bond trustee missing a payment to one of the bond holders. Director of Health and Environmental Control Leonard Grossberg reported on the following:there will be a conference with DTSC held today on Exide;the CUPA audit will begin today;there will be a used-oil grant event on Saturday at Fire Station No. 3; Hazardous Material and Emergency Plan is almost complete; and the next Green Vernon Commission is tentatively scheduled for September 16. Page 8 of 10 Regular City Council Meeting Minutes September 1, 2015 Director of Human Resources Teresa McAllister reported on the following: new NeoGov application process is working very well with a good response to vacancies; Health Benefits Fair is scheduled for September 17; and met and conferred with five bargaining units this week, and will be bringing new policies for adoption for the upcoming Council meetings. Economic Development Manager Alex Kung,reported on the following: the Oversight Board will be meeting on Thursday at 4 p.m.; and that a large property will be going up for sale in the near future, more will be reported at a later date. Fred McFarlane, Senior Advisor to the City Administrator, reported on the following: continued progress with Legacy L.A. with its grant submission to the City; and that a site visit will still be planned in the upcoming near future. Also announced that the City still needs to plan with the new Councilmembers a trip to have them visit Jawbone Canyon with VG&E. Deputy City Administrator Kristen Enomoto reported on the following: an update on the next steps for the sale of the Huntington Park units; an update on the remodel of the city owned units; the next Housing Commission meeting will take place next week with two new Commissioners now being having been appointed and some of the items that will be on the next agenda. City Administrator Mark Whitworth announced the upcoming Vernon CommUNITY Fund Grant Committee Meeting was held on August 19, with Mr. Gavina elected as Chair and Ms. Maes as Vice-Chair. A lot of discussion was held at the meeting, which resulted in other agendized items being tabled for a special meeting later in the month, Wednesday September 30 at 10 a.m. 21. City Council Reports—brief report on activities, announcements, or directives to staff. No reports provided by Council. Mayor McCormick recessed the meeting at 11:39 a.m. and reconvened at 11:46 a.m. CLOSED SESSION At 11:46 a.m.the City Council entered into closed session to discuss the following agendized item: 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. At 12:11 p.m. the City Council exited closed session. Deputy City Attorney Brian Byun reported that there was no reportable action for Agenda Item No. 22; and further reported for Agenda Item No. 23 that Council unanimously voted to deny the claim. With no further business, at 12:12 p.m., Mayor McCormick adjourned the meeting. W. Michael McCormick Page 9 of 10 Regular City Council Meeting Minutes September 1, 2015 Mayor ATTEST: Maria E. Ayala City Clerk Page 10 of 10 v RECEIVED EP o 9 2�15 SEP 0 9 2015 STAFF REPORT CITY ADMINISTRATION C��CtiER�S FINANCE/TREASURY DEPARTMENT DATE: September 8, 2015 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director RE: City Payroll Warrant Register for City Council Agenda of September 15, 2015 It is recommended that the attached Payroll Warrant Register No. 711 be approved at the City Council meeting of September 15, 2015 Payroll Warrant Register No. 711 totals $3,125,092.29, and covers claims and demands presented for August 1, 2015 to August 31, 2015, drawn from East West Bank, Payroll Account. The following list details the components of Payroll Warrant Register No. 711: 1. Ratification of direct deposits, checks and taxes totaling $2,182,741.18; and 2. Checks and electronic fund transfers (EFT) paid through General bank account totaling $942,351.11. Raquel Franco 1 9/8/2015 3:18 PM PAYROLL WARRANT REGISTER City of Vernon No. 711 Month of August 2015 1 hereby Certify: that claims or demands covered by the This is to certify that the claims or demands above listed warrants have been audited as to accuracy covered by the above listed warrants have been and availability of funds for payments thereof; and that audited by the City Council of the City of Vernon said claims or demands are accurate and that funds are and that all of said warrants are approved for pay- available for payments thereof. ments William Fox DATE Director of Finance DATE Date: Page 1 of 1 Payroll Warrant Register Memo.As:Warrant Payrolls reported for the month of August: 07/12/15 -07/25/15, Paydate 08/06/15 07/12/15 -07/25/15, Paydate 08/06/15 07/26/15 -08/08/15, Paydate 08/20/15 Payment Method Date Payment Description Amount Checks 08/06/15 Net payroll, checks $ 25,314.24 ACH 08/06/15 Net payroll, direct deposits 793,152.89 ACH 08/06/15 Payroll taxes 244,388.33 Checks 08/06/15 Net payroll, checks 2,260.76 ACH 08/06/15 Net payroll, direct deposits 63,400.99 ACH 08/06/15 Payroll taxes 16,158.14 Checks 08/20/15 Net payroll, checks 22,640.83 ACH 08/20/15 Net payroll, direct deposits 779,676.23 ACH 08/20/15 Payroll taxes 235,748.77 Total net payroll and payroll taxes 2,182,741.18 ACH 08/06/15 ICMA 32,289.83 ACH 08/06/15 CalPERS 404,791.27 ACH 08/06/15 California State Disbursement Unit 3,726.80 348348 08/06/15 Sandra Bingman 2,000.00 348342 08/06/15 Franchise Tax Board 180.00 348343 08/06/15 IBEW Dues 2,823.16 348349 08/06/15 Vernon Firemen's Association 3,265.00 348350 08/06/15 Vernon Police Officers' Benefit Association 1,937.45 ACH 08/06/15 CalPERS 41,864.67 ACH 08/20/15 ICMA 31,355.92 ACH 08/20/15 CalPERS 404,634.25 ACH 08/20/15 California State Disbursement Unit 3,361.92 348474 08/20/15 Sandra Bingman 2,000.00 348470 08/20/15 Franchise Tax Board 623.39 348477 08/20/15 Teamsters Local 911 2,295.00 348480 08/20/15 Vernon Firemen's Association 3,265.00 348481 08/20/15 Vernon Police Officers' Benefit Association 1,937.45 Payroll related disbursements, paid through General bank account 942,351.11 Total net payroll,taxes, and related disbursements $ 3,125,092.29 Page 1 of 1 k4 RECEIVED SEP 0 9 2015 1.�CLERKSQFF�CE STAFF REPORT CITY ADMINISTRATION C FINANCE/TREASURY DEPARTMENT DATE: September 9, 2015 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director o�f RE: City Warrant Register for City Council Agenda of September 15, 2015 It is recommended that the attached City Warrant Register No. 1432 be approved at the City Council meeting of September 15, 2015. City Warrant Register No. 1432 totals $1,016,427.09, and covers claims and demands presented during the period of August 25 through September 7, 2015, drawn, or to be drawn, from East West Bank. The following list details the components of City Warrant Register No. 1432: 1. Ratification of wire transfers totaling $765,169.22; 2. Ratification of the issuance of early checks totaling $176,858.97; and 3. Authorization to issue pending checks totaling $74,398.90. CITY OF VERNON WARRANT REGISTER NO. 1432 '. F SEPTEMBER 15, 2015 w I hereby certify that claims and/or demands included in above listed warrant This is to certify that the claims or demands covered by the above listed register have been audited for accuracy and availability of funds for warrants have been audited by the City Council of the City of Vernon and payments and that said claims and/or demands are accurate and that the that all of said warrants are approved for payments except Warrant funds are available for payments thereof. Numbers: William Fox Finance Director Date: Printed.9/9/2015 12:52:48PM Page 2 of 20 CITY OF VERNON WARRANT REGISTER NO. 1432 SEPTEMBER 15, 2015 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT ANTHEM BLUE CROSS 011.1026.502031 44,416.29 Coverage Period: 09/15 461453C 1248 011.210221 257,940.80 Coverage Period: 09/15 533016B 1248 09/01/2015 302,357.09 AETNA HEALTH OF CALIFORNIA 011.1026.502031 8,461.07 Coverage Period: 09/15 31039413 1249 011.1026.502031 3,388.94 Coverage Period: 09/15 31040104 1249 09/01/2015 11,850.01 VERIZON WIRELESS 011.9019.560010 27.22 Service Period: 07/15 080715 1250 011.9019.560010 333.47 Service Period: 07/15 080715 1250 011.9019.560010 311.22 Service Period: 07/15 080715 1250 011.9019.560010 132.90 Service Period: 07/15 080715 1250 011.9019.560010 1,211.32 Service Period: 07/15 080715 1250 011.9019.560010 1,702.48 Service Period: 07/15 080715 1250 011.9019.560010 690.36 Service Period: 07/15 080715 1250 011.9019.560010 149.02 Service Period: 07/15 080715 1250 011.9019.560010 1,952.36 Service Period: 07/15 080715 1250 011.9019.560010 257.76 Service Period: 07/15 080715 1250 011.9019.560010 206.81 Service Period: 07/15 080715 1250 011.9019.560010 1,724.75 Service Period: 07/15 080715 1250 09/01/2015 8,699.67 ICMA RETIREMENT TRUST 457 011.210220 33,814.23 Deferred Compensation: Payment Ben183539 1251 09/03/2015 33,814.23 CALPERS 011.210240 402,036.85 PERS Contributions: Payment Ben183535 1252 Printed.9/9/2015 12:52:48PM Page 3 of 20 CITY OF VERNON WARRANT REGISTER NO. 1432 SEPTEMBER 15, 2015 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT CALPERS 011.210240 238.08 PERS Survivor's Benefit: Payment Ben183535 1252 011.210240 1,879.93 PERS Buy-back: Payment Ben183535 1252 011.1004.502020 -0.17 PERS Contributions: Adjustment Ben183535 1252 09/08/2015 404,154.69 CITY OF VERNON, FSA ACCOUNT 011.100013 497.68 FSA-Dependent: Payment Ben183541 1253 011.100013 311.93 FSA-Medical: Payment Ben183541 1253 09/03/2015 809.61 STATE DISBURSEMENT UNIT 011.210260 3,483.92 Child Support: Payment Ben183543 1254 09/08/2015 3,483.92 TOTAL WIRES $ 765,169.22 Printed:9/9/2015 12:52:48PM Page 4 of 20 CITY OF VERNON WARRANT REGISTER NO. 1432 SEPTEMBER 15, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT BRUCE V.MALKENHORST, SR. 011.1026.502031 105.00 Medical Reimbursement 082415 348567 08/27/2015 105.00 D & R OFFICE WORKS, INC. 011.1049.850000 8,326.38 Office Furniture 977861N 348568 08/27/2015 8,326.38 INSIGHT PUBLIC SECTOR, INC 011.9019.860000 6,296.04 PAE13635EDU Paessler PRTG Network 1100427896 011.0010838 348569 08/27/2015 6,296.04 LA AREA FIRE CHIEFS ASSOC. 011.1033.596500 750.00 Registration Expense: M.Wilson 082515 348570 08/27/2015 750.00 MELISSA YBARRA 057.1057.550000 121.95 Internet Charges 04/15-06/15 082415 348571 08/27/2015 121.95 MUTUAL OF OMAHA 011.210223 3,878.88 Long Term Disability 080115 348572 08/27/2015 3,878.88 MUTUAL OF OMAHA 011.210223 539.97 Voluntary Life Insurance: Payment Ben182935 348573 011.1033.502030 3.60 VLT Ins: De Nijs Ben182935 348573 011.210223 2,581.44 Voluntary Life Insurance: Payment Ben183242 348573 011.1033.502030 -3.60 VLT Ins: De Nijs Ben183242 348573 08/27/2015 3,121.41 OSCAR E.VALENZUELA, DDS, 011.1026.502031 26.00 Medical Expense:V. Malkenhorst 080115 348574 INC. 08/27/2015 26.00 SCOTT CAMPBELL CO. 011.1049.590000 985.00 Maintenance& Repairs 31090 348575 Printed:9/9/2015 12 52:48PM Page 5 of 20 CITY OF VERNON WARRANT REGISTER NO. 1432 SEPTEMBER 15, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 08/27/2015 985.00 THE DATALOK COMPANY 011.9019.560010 165.00 June Invoice 6090976881 011.0009984 348576 08/27/2015 165.00 UPS 011.1041.520000 64.63 Service Period: 08/15 933312315 348577 011.1033.520000 1.06 Service Period: 08/15 933312315 348577 011.1043.520000 26.28 Service Period: 08/15 933312315 348577 011.1043.520000 110.72 Service Period: 08/15 933312325(B) 348577 011.1041.520000 49.45 Service Period: 08/15 933312325(B) 348577 011.1033.520000 21.58 Service Period: 08/15 933312325(B) 348577 08/27/2015 273.72 WESLEY M. KOBAYASHI, Dpm, 011.1026.502031 9.34 Medical Expense: V. Malkenhorst 072215 348578 INC. 08/27/2015 9.34 WILLIAM MCCORMICK 011.1001.593200 7,701.31 Legal Fees- Res. No. 2014-53 081015 348579 08/27/2015 7,701.31 AFLAC 011.210223 12,985.65 Supplemental Ins-08/15 544821 348580 09/01/2015 12,985.65 CDW GOVERNMENT, INC. 011.9019.520010 334.17 Item No. 2608562— 070715VRS 011.0010757 348581 011.9019.520010 106.61 Item No. 2601491— 070715VRS 011.0010757 348581 011.9019.520010 1,231.44 Item No. 3673254— 070715VRS 011.0010757 348581 011.9019.520010 1,534.32 Item No. 3497391- 070715VRS 011.0010757 348581 011.9019.520010 110.30 Item No. 3520390— 070715VRS 011.0010757 348581 Printed:9/g/2015 12:52:48PM Page 6 of 20 CITY OF VERNON WARRANT REGISTER NO. 1432 SEPTEMBER 15, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT CDW GOVERNMENT, INC. 011.9019.520010 192.90 Item No. 3673194- 070715VRS 011.0010757 348581 011.9019.520010 85.88 Item No. 2211120- 070715VRS 011.0010757 348581 011.9019.520010 135.00 Item No. 3683357- 070715VRS 011.0010757 348581 011.9019.520010 304.96 Item No. 2069451- 070715VRS 011.0010757 348581 011.9019.520010 106.15 Item No. 3324350-- 070715VRS 011.0010757 348581 011.9019.520010 36.68 Item No. 1975080- 070715VRS 011.0010757 348581 011.9019.520010 62.06 Item No. 2423256- 070715VRS 011.0010757 348581 011.9019.520010 64.98 Item No. 2293780- 070715VRS 011.0010757 348581 011.9019.520010 10.00 Item No. 654813-- 070715VRS 011.0010757 348581 011.9019.520010 6.00 Item No. 654809- 070715VRS 011.0010757 348581 011.9019.520010 194.82 MS Surface PRO 3 Cover Black- 070715VRS 011.0010757 348581 011.9019.520010 405.03 Sales Tax 070715VRS 348581 011.9019.520010 572.58 HP Laserjet Pro 400 Color M451dn WW08675 011.0010795 348581 011.9019.520010 93.09 RCA HDTV/TV/Radio Antenna WW08675 011.0010795 348581 011.9019.520010 59.91 Sales Tax WW08675 348581 09/01/2015 5,646.88 CITY OF HUNTINGTON PARK 011.1026.550000 1,016.00 Testing Facility Rental 082715 348582 09/01/2015 1,016.00 FOLSOM LAKE FORD 011.1031.840000 28,922.49 2016 Ford Interceptor Utility Model per FL6532 011.0010643 348583 011.4031.840000 894.51 2016 Ford Interceptor Utility Model per FL6532 011.0010643 348583 011.4031.840000 8.75 California Tire Fee FL6532 011.0010643 348583 011.1031.840000 2,603.02 Sales Tax FL6532 348583 Printed:9/9/2015 12:52:48PM Page 7 of 20 CITY OF VERNON WARRANT REGISTER NO. 1432 SEPTEMBER 15, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT FOLSOM LAKE FORD 011.4031.840000 80.51 Sales Tax FL6532 348583 09/01/2015 32,509.28 HSA BANK 011.1060.502030 2,000.00 HSA Employer Contribution 082615 348584 011.9019.502030 500.00 HSA Employer Contribution 082615 348584 020.1084.502030 2,000.00 HSA Employer Contribution 082615 348584 011.150199 3,500.00 HSA Employer Contribution 082615 348584 011.1001.502030 500.00 HSA Employer Contribution 082615 348584 011.1002.502030 1,500.00 HSA Employer Contribution 082615 348584 011.1003.502030 1,000.00 HSA Employer Contribution 082615 348584 011.1004.502030 1,000.00 HSA Employer Contribution 082615 348584 011.1015.502030 500.00 HSA Employer Contribution 082615 348584 011.1016.502030 500.00 HSA Employer Contribution 082615 348584 011.1024.502030 1,500.00 HSA Employer Contribution 082615 348584 011.1026.502030 1,000.00 HSA Employer Contribution 082615 348584 011.1031.502030 3,500.00 HSA Employer Contribution 082615 348584 011.1033.502030 8,500.00 HSA Employer Contribution 082615 348584 011.1040.502030 1,000.00 HSA Employer Contribution 082615 348584 011.1041.502030 2,000.00 HSA Employer Contribution 082615 348584 011.1043.502030 2,500.00 HSA Employer Contribution 082615 348584 011.1046.502030 1,000.00 HSA Employer Contribution 082615 348584 09/01/2015 34,000.00 JOE A. GONSALVES&SON 011.1002.596200 5,000.00 Professional Services 25515 348585 Printed:9/9/2015 12:52:48PM Page 8 of 20 CITY OF VERNON WARRANT REGISTER NO. 1432 SEPTEMBER 15, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 09/01/2015 5,000.00 LEVEL 3 COMMUNICATIONS, LLC 057.1057.500173 4,522.64 Fiber Optic Internet Access Contract 39458430 057.0000051 348586 09/01/2015 4,522.64 WILLIAM MCCORMICK 011.1001.502030 500.00 HSA Employer Contribution 082615 348587 09/01/2015 500.00 NORTH STAR GRAPHICS 011.1031.570000 965.80 Graphic Kits 8326 348588 09/01/2015 965.80 TESTAMERICA LABORATORIES, 020.1084.596200 650.00 Water Sampling Services 071715VRS 348589 INC 09/01/2015 650.00 THOMPSON INFORMATION 011.1026.596600 536.99 Fair Labor Standards Handbook 082615 348590 SERVICES 09/01/2015 536.99 WILLIAM DAVIS 011.1001.502030 500.00 HSA Employer Contribution 082615 348591 09/01/2015 500.00 MARIAAYALA 011.1003.596700 975.00 Master Minicipal Clerk and Clerk of the 083115 348592 09/03/2015 975.00 BROADBAND LLC 057.1057.500173 4,250.00 Provide Dedicated Internet Access IN0915201520037 057.0000053 348593 44 09/03/2015 4,250.00 ERIK CHENG 011.1060.596500 29.90 Recycled Water Trianing 083115 348594 Printed:9/9/2015 12:52:48PM Page 9 of 20 CITY OF VERNON WARRANT REGISTER NO. 1432 SEPTEMBER 15, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT ERIK CHENG 011.1060.596500 71.88 PAPA Vector Seminar 083115(B) 348594 09/03/2015 101.78 CNC ENGINEERING 060.6033.900000 11,800.00 Professional Services 13287 348595 09/03/2015 11,800.00 DANIEL ONOPA 011 1031.596500 81.60 Emergency Vehicle Operation Center 082615 348596 09/03/2015 81.60 ALEXY ESCOBEDO 011.1031.596500 81.60 Emergency Vehicle Operation Center 082615 348597 09/03/2015 81.60 FERNANDO VALENZUELA 011.1031.596500 81.60 Emergency Vehicle Operation Center 082615 348598 09/03/2015 81.60 FRANCHISE TAX BOARD 011.210260 180.00 Garnishment: Payment Ben183531 348599 09/03/2015 180.00 GABRIEL MARTINEZ 011.1031.596500 81.60 Emergency Vehicle Operation Center 082615 348600 09/03/2015 81.60 IBEW LOCAL 47 011.210250 2,823.16 IBEW Dues: Payment Ben183525 348601 09/03/2015 2,823.16 JOBS AVAILABLE INC. 011.1026.550000 351.00 Job Advertising 1518052 348602 09/03/2015 351.00 LINDA JOHNSON 011.1060.596500 71.65 Vector Control Training 083115 348603 09/03/2015 71.65 Printed:9/9/2015 12:52:48PM Page 10 of 20 CITY OF VERNON WARRANT REGISTER NO. 1432 SEPTEMBER 15, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT LUIS VASQUEZ 011.1031.596500 81.60 Emergency Vehicle Operation Center 082615 348604 09/03/2015 81.60 MICHAEL J. GAVINA 011.1021.596200 100.00 Vernon Community Fund Mtg: 08/19/15 081915 348605 09/03/2015 100.00 SANDRA D. BINGMAN 011.210260 2,000.00 GARNISHMENTS: Payment Ben183527 348606 09/03/2015 2,000.00 STAPLES ADVANTAGE 011.1060.520000 309.50 Office Supplies, - 072515VRS 011.0010875 348607 011.1060.520000 27.86 Sales Tax 072515VRS 348607 09/03/2015 337.36 STEVEN FROBERG 011.1048.530015 474.38 Reimb. Possessory Interest Tax 090215 348608 09/03/2015 474.38 JERRICK TORRES 011.1060.596500 71.88 Pesticide Applicators Professional 083115 348609 09/03/2015 71.88 UPS 011.1041.520000 61.27 Service Period: 08/15 933312335 348610 011.1041.520000 33.22 Service Period: 08/15 933312345 348610 011.1043.520000 47.03 Service Period: 08/15 933312345 348610 011.1033.520000 10.22 Service Period: 08/15 933312345 348610 09/03/2015 151.74 VCI CONSTRUCTION, INC. 057.1057.596200 422.32 Fiber Optic Cabling System 30873 348611 09/03/2015 422.32 Printed.9/9/2015 12:52:48PM Page 11 of 20 CITY OF VERNON WARRANT REGISTER NO. 1432 SEPTEMBER 15, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT VERNON FIREMEN'S 011.210250 3,265.00 Fire House Fund: Payment Ben183529 348612 ASSOCIATION 09/03/2015 3,265.00 ASSOCIATION VERNON POLICE 011.210250 1,937.45 Police Association Member Dues: Ben183523 348613 OFFI Payment 09/03/2015 1,937.45 CALIFORNIA WATER SERVICE CO. 011.1043.560000 59.06 Service Period: 08/15 082515 348614 09/08/2015 59.06 CHEVRON AND TEXACO 011.1031.570000 158.91 Service Period: 08/15 45160710 348615 BUSINESS 09/08/2015 158.91 DION&SONS, INC., 011.120030 7,502.88 Unleaded Fuel. 627433/627432 011.0010942 348616 011.120030 5.85 Fed Oil Spill Recovery 627433/627432 011.0010942 348616 011.120030 2.60 CA Lead Poisoning 627433/627432 011.0010942 348616 011.120030 11.37 AB 32 627433/627432 011.0010942 348616 011.120030 9.78 Lab Tax 0.130% 627433/627432 011.0010942 348616 011.120030 5.95 Environmental Compliance Fee 627433/627432 011.0010942 348616 011.120030 7.50 Fuel Surcharge 627433/627432 011.0010942 348616 011.120030 1,169.28 State Excise Tax 627433/627432 011.0010942 348616 011.120030 4,841.75 Diesel Fuel. 627433/627432 011.0010942 348616 011.120030 5.08 Fed Oil Spill Recovery 627433/627432 011.0010942 348616 011.120030 8.56 AB 32 627433/627432 011.0010942 348616 011.120030 6.31 LAB Tax 0.130% 627433/627432 011.0010942 348616 Printed:9/9/2015 12 52 48PM Page 12 of 20 CITY OF VERNON WARRANT REGISTER NO. 1432 SEPTEMBER 15, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT DION &SONS, INC., 011.120030 5.95 Environmental Compliance Fee 627433/627432 011.0010942 348616 011.120030 7.50 Fuel Surcharge 627433/627432 011.0010942 348616 011.120030 294.25 State Excise Tax 627433/627432 011.0010942 348616 011.120030 807.05 627433/627432 348616 09/08/2015 14,691.66 HANSON AGGREGATES INC. 011.1043.520000 408.54 Concrete 1554283 348617 011.1043.520000 347.39 Concrete Sand 1583555 348617 020.1084.520000 288.22 Concrete Sand 1583555 348617 09/08/2015 1,044.15 NORTH PARK HOA 011.1048.560000 230.00 Association Dues:2915 60th Place 081815 348618 011.1048.560000 230.00 Association Dues: 6010 Oak St. 081815(B) 348618 09/08/2015 460.00 ANA RUEDA 011.1026.596500 64.74 Appearance at the WCAB 090215 348619 011.1026.596500 29.97 CALPERS Disability Retirement 090215(B) 348619 Workshop 09/08/2015 94.71 SOUTHERN CALIFORNIA EDISON 011.1043.560000 36.49 Service Period: 08/15 082915(B) 348620 09/08/2015 36.49 TOTAL EARLY CHECKS $ 176,858.97 Printed:9/9/2015 12:52:48PM Page 13 of 20 CITY OF VERNON WARRANT REGISTER NO. 1432 SEPTEMBER 15, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT ANDREW KRONER 011.1033.502030 179.00 Vision Benefits: Spouse 082515 348621 179.00 ANTHONY ENCINAS II 011.1031.502030 75.00 Vision Benefits: Child 081915 348622 011.1031.502030 69.00 Vision Benefits: Spouse 081915(B) 348622 011.1031.502030 75.00 Vision Benefits 081915(C) 348622 219.00 ANTHONY KOSTALLAS, O.D. 011.1026.502030 225.00 Vision Benefits: E.Alvarado 081915 348623 011.1026.502030 75.00 Vision Benefits: K. Rueda 081915(B) 348623 011.1026.502030 225.00 Vision Benefits:A.Alvarado 082615(B) 348623 525.00 BEST BEST& KRIEGER LLP 011.1024.593200 415.00 Labor& Employment 754495 348624 415.00 BRETT KOONTZ 011.1060.595200 6,510.00 Hazardous Materials Emergency Plan 081915 348625 6,510.00 ENVIRONMENTAL HEALTH 011.1060.596550 175.00 Membership Fees 070115 348626 175.00 CITRIX SYSTEMS, INCC. 011.9019.520010 1,485.00 2 Concurrent Seat GoToAssist- Remote 1205909998 011.0010791 348627 1,485.00 CLEANSTREET, INC. 011.1043.590000 9,199.72 Sweeper Service 79003 348628 9,199.72 Printed:9/9/2015 12:52:48PM Page 14 of 20 CITY OF VERNON WARRANT REGISTER NO. 1432 SEPTEMBER 15, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT COMPLETE THERMAL SERVICES 011.1049.590000 350.00 Maintenance& Repairs 28571/28584 348629 INC. 350.00 DEWEY PEST CONTROL 011.1048.590000 40.00 Exterminating Services 072715VRS 348630 011 1049.590000 171.00 Exterminating Services 072715VRS 348630 011.1033.520000 27.00 Pest Control Service 9537991 348630 011.1033.520000 25.00 Pest Control Service 9537992 348630 011.1033.520000 25.00 Pest Control Service 9537993 348630 011.1033.520000 25.00 Pest Control Service 9540202 348630 313.00 ENTERPRISE FM TRUST 011.4031.840000 492.70 Car Rental 2535 348631 492.70 FIRE APPARATUS SOLUTIONS 011.1033.570000 759.94 Maintenance& Repairs 9562 348632 011.1033.570000 9,887.46 Maintenance& Repairs 9563 348632 011.1033.570000 439.16 Maintenance& Repairs 9564 348632 011.1033.570000 3,845.48 Maintenance& Repairs 9567 348632 011.1033.570000 666.78 Maintenance& Repairs 9572 348632 011.1033.570000 749.30 Maintenance&Repairs 9573 348632 011.1033.570000 787.66 Maintenance& Repairs 9574 348632 011.1033.570000 958.82 Maintenance& Repairs 9612 348632 011.1033.570000 973.80 Maintenance&Repairs 9613 348632 011.1033.570000 6,777.09 Maintenance& Repairs 9614 348632 011.1033.570000 9,961.84 Maintenance& Repairs 9615 348632 Printed:9/9/2015 12:52:48PM Page 15 of 20 CITY OF VERNON WARRANT REGISTER NO. 1432 SEPTEMBER 15, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT FIRE APPARATUS SOLUTIONS 011.1033.570000 576.09 Maintenance& Repairs 9616 348632 011.1033.570000 1,020.56 Maintenance& Repairs 9617 348632 37,403.98 FLEMING ENVIRONMENTAL, INC., 011.1049.590000 577.94 Maintenance& Repairs 10768110774 348633 011.1049.590000 475.00 Maintenance& Repairs 10769 348633 011.1049.590000 600.00 Maintenance& Repairs 10781 348633 011.1049.590000 600.00 Maintenance& Repairs 10782 348633 011.1049.590000 700.00 Maintenance& Repairs 10783 348633 011.1049.590000 600.00 Maintenance& Repairs 10789 348633 011.1049.590000 850.00 Maintenance& Repairs 10790 348633 4,402.94 HAUL-AWAY RUBBISH SERVICE 011.1033.520000 244.00 Disposal Service 073115VRS 348634 CO. 011.1043.596200 615.57 Disposal Service 073115VRS 348634 011.1048.596200 61.00 Disposal Service 073115VRS 348634 011.1049.596200 132.00 Disposal Service 073115VRS 348634 1,052.57 HUNTINGTON PARK RUBBER 011.1004.520000 220.15 Finance Stamps— 270495IN 011.0010966 348635 STAMP 011.1004.520000 19.81 Sales Tax 270495IN 348635 239.96 IGOE&COMPANY INC. 011.1026.594200 200.00 Administrative Fees 134944 348636 Printed:9/9/2015 12:52:48PM Page 16 of 20 CITY OF VERNON WARRANT REGISTER NO. 1432 SEPTEMBER 15, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT 200.00 JERRICK TORRES 060.6060.596500 31.05 Hazardous Waste Operation and 082415 348637 Emergency 011.1060.502030 225.00 Vision Benefits 082515 348637 011.1060.502030 209.00 Vision Benefits: Spouse 082515(B) 348637 465.05 JUDICIAL DATA SYSTEMS CORP. 011.1031.594200 100.00 Parking Citations 5519 348638 100.00 LAC+USC MEDICAL CENTER 011.1031.594200 730.00 Professional Services 7009 348639 730.00 LANGUAGE LINE SERVICES, INC. 011.1031.594200 42.41 Interpretation Services 3639393 348640 42.41 LOSANGELES COUNTY AUDITOR 011.1031.594200 26.00 Autopsy Report 16ME0002 348641 26.00 LYNDON ONG YIU 011.1060.596500 39.10 CA Conference of Directors of Env. 082715 348642 011.1060.596500 19.60 Western Food Service and Hospitality 082715(B) 348642 58.70 MASAMI HIGA 011.1004.596700 107.00 Municipal Revenue Sources Handbook 081915 348643 011.1004.596600 26.00 Municipal Revenue Sources Handbook 081915 348643 133.00 MIKE V. WOND, OD 011.1023.502030 225.00 Vision Benefits: S. Kung 082615 348644 Printed.9/9/2015 12:52:48PM Page 17 of 20 CITY OF VERNON WARRANT REGISTER NO. 1432 SEPTEMBER 15, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT 225.00 PARMA 011.1026.596600 150.00 Public Entity Member 49470 348645 150.00 RICHARD P. GUESS M.D., INC. 011.1033.596200 750.00 Medical Director Fees 081415 348646 750.00 SO. CAL LAND MAINTENANCE, 011.1049.590000 98.00 Maintenance Services 4349 348647 INC. 011.1049.590000 2,685.00 Maintenance Services 4379 348647 2,783.00 TERRA ENVIRONMENTAL 011.1043.900000 2,543.50 Asbestos Inspection &Survey 639 348648 SERVICES 2,543.50 U.S. HEALTHWORKS MEDICAL 011.1026.502095 145.12 First Aid Claim 081815 348649 GROUP 011.1026.502095 101.82 First Aid Claim 082615 348649 246.94 UNDERGROUND SERVICE ALERT 020.1084.596200 211.50 New Ticket Charges 720150783(B) 348650 211.50 WETIP, INC. 011.4031.596200 1,000.00 Annual Membership 3530 348651 1,000.00 WITTMAN ENTERPRISES, LLC. 011.1033.596200 833.23 Billing Services 1506069 348652 011.1033.596200 937.70 Billing Services 1507069 348652 Printed:9/9/2015 12:52:48PM Page 18 of 20 CITY OF VERNON WARRANT REGISTER NO. 1432 SEPTEMBER 15, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT 1,770.93 TOTAL PRINTED CHECKS $ 74,398.90 Printed 9/9/2015 12:52:48PM Page 19 of 20 CITY OF VERNON WARRANT REGISTER NO. 1432 SEPTEMBER 15, 2015 RECAP BY FUND EARLY PRINTED FUND WIRE TOTAL CHECK TOTAL CHECK TOTAL TOTAL 011 -GENERAL $ 765,169.22 $ 152,803.84 $ 74,156.35 $ 992,129.41 020-WATER 0.00 2,938.22 211.50 3,149.72 057- FIBER OPTIC 0.00 9,316.91 0.00 9,316.91 060- HAZARDOUS WASTE 0.00 11,800.00 31.05 11,831.05 GRAND TOTAL $ 765,169.22 $ 176,858.97 $ 74,398.90 $ 1,016,427.09 TOTAL CHECKS TO BE PRINTED 32 Printed 9/9/2015 12:52:48PM Page 20 of 20 r v~' J 4 RECEIVED SEP 0 9 2015 SEP � 9 2pi5 SF,cE STAFF REPORT CITY ADMINISTRATION C\v FINANCE/TREASURY DEPARTMENT DATE: September 9, 2015 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director RE: Light & Power Warrant Register for City Council Agenda of September 15, 2015 It is recommended that the attached Light & Power Warrant Register No. 397 be approved at the City Council meeting of September 15, 2015. Light & Power Warrant Register No. 397 totals $7,373,305.69, and covers claims and demands presented during the period of August 25 through September 7, 2015, drawn, or to be drawn, from East West Bank. The following list details the components of Light & Power Warrant Register No. 397: 1. Ratification of wire transfers totaling $7,313,621.32; 2. Ratification of the issuance of early checks totaling $38,111.84; and 3. Authorization to issue pending checks totaling $21,572.53. 4 LIGHT& POWER WARRANT REGISTER NO. 397 SEPTEMBER 15, 2015 xcr Lr I hereby certify that claims and/or demands included in above listed warrant This is to certify that the claims or demands covered by the above listed register have been audited for accuracy and availability of funds for warrants have been audited by the City Council of the City of Vernon and payments and that said claims and/or demands are accurate and that the that all of said warrants are approved for payments except Warrant funds are available for payments thereof. Numbers: William Fox Finance Director Date: Printed:9/9/2015 1:00:05PM Page 2 of 12 LIGHT& POWER WARRANT REGISTER NO. 397 SEPTEMBER 15, 2015 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT DEPARTMENT OF WATER& 055.9200.500170 21,870.00 Energy Transactions GA184528 5917 POWER 055.9200.500260 575.00 Energy Transactions GA184528 5917 08/24/2015 22,445.00 BICENT(CALIFORNIA) MALBURG 055.9200.500150 352,396.44 Energy Related Payment 7201501 5918 055.9200.500180 2,049,208.40 Capacity Payment 7201501 5918 055.9200.500150 -2,074.85 Fuel Burden 7201501 5918 08/24/2015 2,399,529.99 BICENT(CALIFORNIA) HOOVER 055.9200.500150 -15,357.20 Energy Price Difference CFD7201501 5919 LLC 055.9200.500180 236,737.54 Capacity Price Difference CFD7201501 5919 055.9200.500180 43,355.62 Actual Monthly Uprating Credit CFD7201501 5919 055.9200.500150 -7,331.40 CES Costs CFD7201501 5919 08/25/2015 257,404.56 CANTON RENEWABLES, LLC 055.9200.500162 173,158.35 Natural Gas CRI10000092 5920 08/25/2015 173,158.35 CERF SHELBY LLC 055.9200.500162 107,362.65 Natural Gas CR15000048 5921 08/25/2015 107,362.65 ICE TRADE VAULT LLC 055.9200.596200 375.00 Trade Vault TV21654 5922 08/25/2015 375.00 CALIFORNIA ISO 055.9200.500150 -5.55 Revised Charges 07/15 201508183230606 5923 839 Printed:9/9/2015 1:00:05PM Page 3 of 12 LIGHT& POWER WARRANT REGISTER NO. 397 SEPTEMBER 15, 2015 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT CALIFORNIA ISO 055.9200.450340 2,994.78 Revised Charges 07/15 201508183230606 5923 839 055.9200.450340 -878.17 Revised Charges 05/15 201508183230606 5923 839 055.9200.500150 14.21 Initial Charges 08/15 201508183230606 5923 839 055.9200.500240 425.30 Revised Charges 07/15 201508183230606 5923 889 055.9200.500150 -18,973.70 Revised Charges 07/15 201508183230606 5923 889 055.9200.500170 -15,558.47 Revised Charges 07/15 201508183230606 5923 889 055.9200.500190 -501.76 Revised Charges 07/15 201508183230606 5923 889 055.9200.500210 -161.24 Revised Charges 07/15 201508183230606 5923 889 055.9200.500150 19,241.93 Revised Charges 05/15 201508183230606 5923 889 055.9200.500170 -2,219.43 Revised Charges 05/15 201508183230606 5923 889 055.9200.500190 -16.23 Revised Charges 05/15 201508183230606 5923 889 055.9200,500210 -14.86 Revised Charges 05/15 201508183230606 5923 889 055.9200.500240 -61.23 Revised Charges 05/15 201508183230606 5923 889 055.9200.500170 -161.59 Revised Charges 08/15 201508183230606 5923 889 055.9200.500150 492.25 Revised Charges 08/15 201508183230606 5923 889 Printed 9/9/2015 1.00:05PM Page 4 of 12 LIGHT& POWER WARRANT REGISTER NO. 397 SEPTEMBER 15, 2015 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT CALIFORNIA ISO 055,9200.500190 5.66 Revised Charges 08/15 201508183230606 5923 889 055.9200.500210 4.34 Revised Charges 08/15 201508183230606 5923 889 055.9200.500190 -2,318.55 Initial Charges 08/15 201508183230606 5923 889 055.9200.500150 175,523.66 Initial Charges 08/15 201508183230606 5923 889 055.9200.500170 1,869.32 Initial Charges 08/15 201508183230606 5923 889 055.9200.500210 17,065.64 Initial Charges 08/15 201508183230606 5923 889 08/25/2015 176,766.31 SCPPA 055.9200.500180 302,040.00 Minimum Cost PV0815 5924 055.9200.500150 8,272.00 Variable Cost PV0815 5924 055.9200.500180 105,759.57 Legislative Cost PV0815 5924 055.9200.596200 10,000.00 PSF Cost PV0815 5924 055.8100.596200 27,360.00 PSF Cost PV0815 5924 055.9000.596200 7,095.00 PSF Cost PV0815 5924 08/25/2015 460,526.57 ELEMENT MARKETS RENEWABLE 055.9200.500162 496,168.26 Natural Gas ELM000018 5925 055.9200.500162 720,367.43 Natural Gas ELM000019 5925 08/26/2015 1,216,535.69 PETRELLI ELECTRIC INC. 055.200400 435,730.42 Electric Service Maintenance 150656 5926 055.200400 702,730.50 Electric Service Maintenance 150657 5926 Printed:9/9/2015 1:00.05PM Page 5 of 12 LIGHT& POWER WARRANT REGISTER NO. 397 SEPTEMBER 15, 2015 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 08/28/2015 1,138,460.92 ICE US OTC COMMODITY 055.9200.596200 1,200.00 OTC Commission Adjustment 715001688088 5927 MARKETS, 08/28/2015 1,200.00 BIOFUEL GENERATION SERVICE 055.9200.500162 15,762.50 Biomethane RPS72015 5928 LLC 08/31/2015 15,762.50 DEUTSCHE BANK TRUST CO. 055.9200.500163 738,680.00 WCI Auction 082515 5929 055.150199 87,640.00 WCI Auction 082515 5929 09/01/2015 826,320.00 CALIFORNIA ISO 055,9200.500190 -3,211.91 Initial Charges 08/15 201508253130654 5930 202 055.9200.500150 185,013.38 Initial Charges 08/15 201508253130654 5930 202 055.9200.500170 4,201.12 Initial Charges 08/15 201508253130654 5930 202 055.9200.500210 16,753.72 Initial Charges 08/15 201508253130654 5930 202 055.9200.500150 115,440.10 Revised Charges 08/15 201508253130654 5930 202 055.9200.500170 663.89 Revised Charges 08/15 201508253130654 5930 202 055.9200.500190 370.46 Revised Charges 08115 201508253130654 5930 202 055.9200.500210 1,038.95 Revised Charges 08/15 201508253130654 5930 202 Printed:9/9/2015 1:00 05PM Page 6 of 12 LIGHT& POWER WARRANT REGISTER NO. 397 SEPTEMBER 15, 2015 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT CALIFORNIA ISO 055.9200.500150 -1.69 Initial Charges 08/15 201508253130654 5930 249 055.9200.500150 46.76 Revised Charges 08/15 201508253130654 5930 249 09/01/2015 320,314.78 SOUTHERN CALIFORNIA EDISON 055.9200.500170 121,420.00 Mead-Laguna Bell 7500587074 5931 055.9200.500170 51,370.00 Victorvi I le-Lugo 7500587105 5931 055.9200.500170 24,669.00 Laguna Bell 7500587106 5931 09/03/2015 197,459.00 TOTAL WIRES $ 7,313,621.32 Printed:9/9/2015 1:00 05PM Page 7 of 12 LIGHT& POWER WARRANT REGISTER NO. 397 SEPTEMBER 15, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT EFRAIN SANDOVAL 055.9200.596500 35.12 GHG Working Group Meeting 082515 511587 08/27/2015 35.12 UPS 055.8000.590000 11.29 Service Period: 08/15 933312325 511588 08/27/2015 11.29 ENGINEERING PARTNERS, INC. 055.9100.900000 20,201.00 Provide the design and preparation of 115617 055.0001695 511589 09/01/2015 20,201.00 TODD DUSENBERRY 055.9000.596500 179.00 Pacific Gas& Electric Operator 082615 511590 09/01/2015 179.00 SECURITY, INC.ABSOLUTE 055.8100.596200 15,219.60 Unarmed Security Guard Services 2015026421 511591 INTERN 09/03/2015 15,219.60 CURRENT WHOLESALE ELECTRIC 055.8000.590000 641.92 Electrical Supplies- 236056/236054 055.0002288 511592 09/03/2015 641.92 EFRAIN SANDOVAL 055.9200.596500 15.34 Visit City of Pasadena to discuss 090115 511593 09/03/2015 15.34 HOME DEPOT CREDIT SERVICES 055.8000.590000 66.92 Hardware Supplies- 070615VRS 055.0002305 511594 055.8100.520000 781.20 Hardware Supplies- 070615VRS 055.0002305 511594 055.8400.590000 127.71 Hardware Supplies- 070615VRS 055.0002305 511594 09/03/2015 975.83 L.B.JOHNSON HARDWARE CO.#1 055.8000.590000 633.89 Building Hardware- 072915VRS 055.0002290 511595 Printed:9/9/2015 1:00:05PM Page 8 of 12 LIGHT& POWER WARRANT REGISTER NO. 397 SEPTEMBER 15, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 09/03/2015 633.89 MCMASTER-CARR SUPPLY 055.8000.590000 136.54 Hardware Supplies— 35139386/336671 055.0002291 511596 COMPANY 41 09/03/2015 136.54 SOUTHERN CALIFORNIA EDISON 055.8100.560010 62.31 Service Period: 07/30-08/28 082915 511597 09/03/2015 62.31 TOTAL EARLY CHECKS $ 38,111.84 Printed.9/9/2015 1:00 05PM Page 9 of 12 LIGHT& POWER WARRANT REGISTER NO. 397 SEPTEMBER 15, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT AMERICAN PUBLIC POWER 055.9000.596600 8,168.61 DEED Program Annual Dues 081315 511598 ASSOC. 8,168.61 ANEMOMETRY SPECIALISTS, INC. 055.9000.900000 410.00 V-4 Met Tower iPack Battery-- 7524 055.0002319 511599 055.9000.900000 100.00 NRG Symphonie iPack Battery— 7524 055.0002319 511599 510.00 A-THRONE CO., INC. 055.8100.596200 95.06 Portable Restroom Rental 456741 511600 95.06 CH2M HILL ENGINEERS, INC. 055.9000.596200 7,637.00 Environmental Support Services 381037434 511601 7,637.00 D& R OFFICE WORKS, INC. 055.7100.520000 799.00 Mesh Back Chair— 98366/98365 055.0002322 511602 055.7100.520000 55.00 Assembly& Delivery to Dock 98366/98365 055.0002322 511602 055.9200.520000 1,005.00 Hi-Back Chair w/Blk Arms— 98366/98365 055.0002322 511602 055.9200.520000 95.00 Delivery& Installation 98366/98365 055.0002322 511602 055.7100.520000 76.86 Sales Tax 98366/98365 511602 055.9200.520000 99.00 Sales Tax 98366/98365 511602 2,129.86 DEWEY PEST CONTROL 055.8400.590000 122.00 Pest Control Services 9538422 511603 122.00 V-BAR, LLC 055.9000.900000 2,910.00 Meteorological Data Collection Services 1507 511604 2,910.00 Printed.9/9/2015 1:00:05PM Page 10 of 12 LIGHT& POWER WARRANT REGISTER NO. 397 SEPTEMBER 15, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT TOTAL PRINTED CHECKS 21,572.53 Printed:9/9/2015 1:00:05PM Page 11 of 12 LIGHT& POWER WARRANT REGISTER NO. 397 SEPTEMBER 15, 2015 RECAP BY FUND EARLY PRINTED FUND WIRE TOTAL CHECK TOTAL CHECK TOTAL TOTAL 055- LIGHT&POWER $ 7,313,621.32 $ 38,111.84 $ 21,572.53 $ 7,373,305.69 GRAND TOTAL $ 7,313,621.32 $ 38,111.84 $ 21,572.53 S 7,373,305.69 TOTAL CHECKS TO BE PRINTED 7 Printed 9/9/2015 1:00:05PM Page 12 of 12 ®�rw ,~ RECEIVED S� �STV��CE ;* SEP 0 9 2015 tgia' STAFF REPORT CITY ADMINISTRATION FINANCE/TREASURY DEPARTMENT DATE: September 9, 2015 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director 'orf RE: Gas Warrant Register for City Council Agenda of September 15, 2015 It is recommended that the attached Gas Warrant Register No. 185 be approved at the City Council meeting of September 15, 2015. Gas Warrant Register No. 185 totals $1,617,635.67, and covers claims and demands presented during the period of August 25 through September 7, 2015, drawn, or to be drawn, from East West Bank. The following list details the components of Gas Warrant Register No. 185: 1. Ratification of wire transfers totaling $1,593,600.09; 2. Ratification of the issuance of early checks totaling $6,776.00; and 3. Authorization to issue pending checks totaling $17,259.58. CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 185 -bej SEPTEMBER 15, 2015 'rlfi VK I hereby certify that claims and/or demands included in above listed warrant This is to certify that the claims or demands covered by the above listed register have been audited for accuracy and availability of funds for warrants have been audited by the City Council of the City of Vernon and payments and that said claims and/or demands are accurate and that the that all of said warrants are approved for payments except Warrant funds are available for payments thereof. Numbers: William Fox Finance Director Date: Printed:9/9/2015 1:14 44PM Page 2 of 7 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 185 SEPTEMBER 15, 2015 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT SHELL ENERGY NORTH AMERICA 056.5600.500160 191,670.00 Natural Gas 2668926 374 08/25/2015 191,670.00 SEQUENT ENERGY 056.5600.500160 170,719.00 Natural Gas 2239348 375 MANAGEMENT, L.P 08/25/2015 170,719.00 NOBLE AMERICAS GAS&POWER 056.5600.500160 162,410.64 Natural Gas 56DF 376 08/25/2015 162,410.64 IBERDROLA ENERGY SERVICES 056.5600.500160 490,206.92 Natural Gas M8QR 377 LLC 08/25/2015 490,206.92 EDF TRADING NORTH AMERICA, 056.5600.500160 91,962.50 Natural Gas 167505 378 LLC 08/25/2015 91,962.50 CONOCO PHILLIPS COMPANY 056.5600.500160 252,138.00 Natural Gas 50908 379 08/25/2015 252,138.00 CITIGROUP ENERGY INC. 056.5600.500167 29,760.00 Natural Gas 4420978 380 056.5600.500168 -4,185.00 Natural Gas 4420978 380 08/25/2015 25,575.00 BP ENERGY COMPANY 056.5600.500160 101,665.00 Natural Gas 1371187 381 08/25/2015 101,665.00 THE GAS COMPANY 056.5600.550022 107,253.03 Transmission Charges 072915 382 Printed:9/9/2015 1 14:44PM Page 3 of 7 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 185 SEPTEMBER 15, 2015 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 09/04/2015 107,253.03 TOTAL WIRES $ 1,593,600.09 Printed:9/9/2015 1:14:44PM Page 4 of 7 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 185 SEPTEMBER 15, 2015 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT PG&E 056.5600.596700 6,776.00 Training Services 74700840 1312 09/03/2015 6,776.00 TOTAL EARLY CHECKS $ 6,776.00 Printed:9/9/2015 1:14 44PM Page 5 of 7 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 185 SEPTEMBER 15, 2015 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT A-BEST INDUSTRIAL 056.120010 144.72 AB-BVM-F4N-B - IN7157 056.0000330 1313 056.120010 646.00 AB-NVKT-F-4NC- IN7157 056.0000330 1313 056.120010 198.60 DMC8-4N-S- IN7157 056.0000330 1313 056.120010 167.53 DMC8-8N-S- IN7157 056.0000330 1313 056.120010 330.33 DTRF8-4N-S- IN7157 056.0000330 1313 056.120010 1,678.76 AB-FSCS400-5.5PS1-80R- IN7157 056.0000330 1313 056.120010 361.20 AB-FS299H-ORF- IN7157 056.0000330 1313 056.120010 318.21 AB-FS1805FRV-12- IN7157 056.0000330 1313 056.120010 775.56 AB-FS67CFR- IN7157 056.0000330 1313 056.120010 2,165.40 AB-MORPR-3"-80D- IN7157 056.0000330 1313 056.120010 793.14 AB-MOFIL0430A-AL- IN7157 056.0000330 1313 056.120010 967.67 AB-MOELE0430S-SS-- IN7157 056.0000330 1313 056.120010 88.43 Freight IN7157 056.0000330 1313 056.120010 769.24 Sales Tax IN7157 1313 9,404.79 INTERSTATE GAS SERVICES, INC. 056.5600.596200 7,434.79 Consulting Fees 7021252 1314 7,434.79 UNDERGROUND SERVICE ALERT 056.5600.590000 420.00 New Ticket Charges 720150783 131 ; 420.00 TOTAL PRINTED CHECKS $ 17,259.58 Printed 9/9/2015 1:14:44PM Page 6 of 7 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 185 SEPTEMBER 15, 2015 RECAP BY FUND EARLY PRINTED FUND WIRE TOTAL CHECK TOTAL CHECK TOTAL TOTAL 056-NATURAL GAS $ 1,593,600.09 $ 6,776.00 $ 17,259.58 $ 1,617,635.67 GRAND TOTAL $ 1,593,600.09 $ 6,776.00 $ 17,259.58 $ 1,617,635.67 TOTAL CHECKS TO BE PRINTED 3 Printed:9/9/2015 1:14:44PM Page 7 of 7 v RECE AUG 2 4 2015 CIR CLERKS OFFICE STAFF REPORT CITY ADMINISTRATION DATE: September 15, 2015 TO: Honorable Mayor and City Council FROM: Mark C. Whitworth, City Administrator Originator: Lilia Hernandez, Executive Ass to the Cite Administrator RE: Report on FY 2015/2016 Docket I Grants Awarded by Vernon CommUNITY Fund Grant Committee Recommendation A. Receive and file this report as it is being provided for informational purposes only pursuant to Section 2.167(e) of the Vernon Municipal Code. Background On August 20, 2015 the Vernon CommUNITY Fund Grant Committee (Grant Committee) held its first grants award meeting for the 2015/2016 Fiscal Year. There were five grant applications on the first docket (listed below) and all five were approved by the Grant Committee at the amounts and terms recommended: Original Amount Amount Proposed Applicant Requested Recommended Term Holy Angels Church of the Deaf $43, 620 $45,000 1 year Inner City Struggle $150,000 / 2 years $35,000 l year Los Angeles County Bicycle Coalition S44,000 $35,000 1 year Proyecto Pastoral $75,000 $40,000 l year Weingart East Los Angeles YMCA $125,000 $25,000 1 year Total $437,620 $180,000 Section 2.167(e) of the Vernon Municipal Code requires the Grant Committee Executive Director(City Administrator) to provide the City Council a report of the grant related actions taken by the Grant Committee within 30 days of any regular meeting and within 15 days of any special meeting at which grants are awarded. Page 1 of 2 Fiscal Impact The total recommended grant award amount of $180,000 is included in the 2015/2016 City Budget and is within the recommended quarterly allocation of approximately $187,000 for this fiscal year. Attachment(s) None Page 2 of 2 o IF E RECEIVED FIRE DEPARTMENT SEP O 9 2015 Michael A.Wilson,Fire Chief CITY ADMINISTRATION UM 4305 Santa Fe Avenue, Vernon,California 90058 Telephone(323)583-8811 Fax (323) 826-1407 September 9, 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 16, 2015 through August 31, 2015. Respectfully Submitted, Michael A, Filson Fire Chief MAW:ar Fireletnow Exccusivefy Indi tr�af VERNON FIRE DEPARTMENT COMPANY ACTIVITIES August 16,2015 to August 31, 2015 This Period Last Year This This Year Last Year To Date Period To Date ACTIVITY TYPE FIRE PREVENTION: Regular Inspections (#): 65 918 45 1102 Re-Inspections (#): 16 154 14 237 Spec. Haz. Inspections (#): 1 31 4 25 Total Inspections: 82 1103 63 1364 Total Man Hours: 108 1342 95 1900 TRAINING(HOURS): Firefighting 100 1372 105 1628 Hazardous Materials 44 497 30 525 Safety 132 1853 142 2187 Apparatus Operations 136 1877 141 2043 Equipment Operations 137 1860 140 2118 CPR 0 56 0 26 First Aid 27 461 18 352 Total Hours: 576 7976 576 8879 PRE-INCIDENT (HOURS): Planning 65 1190 94 1459 District Familiarization 77 1283 99 1310 Total Hours: 142 2473 193 2769 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 0 13 0 33 Fire Brigades 0 6 0 18 Emergency Preparedness 6 159 12 185 Total Hours: 6 178 12 23 ROUTINE MAINTENANCE (HOURS) Station 134 1838 137 1997 Apparatus 134 1911 131 2028 Equipment 138 1908 135 2104 Total Hours: 406 5657 403 6129 Grand Total Hours: 1174 16399 1279 19949 :Fireactivity Page 2 4, 0 N a R 4 z w a0 CL No ML Ln r o � N � A v a r . . O0. -� N I■■M � V r _ as i0 as x H a 0 z a • a Y s • 0o c � .� • N � s a w a ~ Z Q O Z 00 7 Z3 410 LuD ~ L ; O Z � 'j � �c g E0 to >EL U�j Zcon H Z —CL < �l � ~ OaWo u � E W � J aHmu � ~ = C Vaa �'p � '� m io - Q zaa a a, v z � a � uOdLL LLVIH » > � � r = z33 LN W uj Lai W W W W W W W w w W LL L- LL LL. W LL U. N Incident Type Incident Date PREVENTION FOLLOW-UP? Shift 463 Vehicle accident, general cleanup 08/1 61201 5 08:40:46 No 321 EMS call, excluding vehicle accident with inju 08/16/2015 17:20:44 No 700 False alarm or false call, other 08/17/2015 15:25:15 No 323 Motor vehiclelpedestrian accident(MV Ped) 08/17/2015 17:52:13 No 311 Medical assist, assist EMS crew 08/17/2015 19:02:36 No 700 False alarm or false call, other 08/18/2015 00:29:23 No 321 EMS call, excluding vehicle accident with inju 08/18/2015 05A3:59 No 700 False alarm or false call, other 08/18/2015 14:16:11 No 322 Motor vehicle accident with injuries O8/18/2015 17:42:56 No 745 Alarm system activation,no fire,unintentional 08/19/2015 06:59:44 No 321 EMS call, excluding vehicle accident with inju 08/19/2015 08:47:25 No 321 EMS call, excluding vehicle accident with inju 08/19/2015 08:55:36 No 745 Alarm system activation,no fire,unintentional O8/19/2015 11 A2:06 No 321 EMS call, excluding vehicle accident with inju 08/19/2015 13:05:53 No 741 Sprinkler activation, no fire-unintentional 08/20/2015 09:19:10 No 740 Unintentional transmission of alarm, other 08/20/2015 10:24:58 No 311 Medical assist, assist EMS crew 08/20/2015 10:54:11 No 730 System malfunction, other 08/20/2015 11:50:39 No 321 EMS call, excluding vehicle accident with inju 08/20/2015 12:00:11 No 611 Dispatched &canceled en route 08/20/2015 15:27:00 No 561 Unauthorized burning 08/20/2015 18:33:52 No 323 Motor vehicle/pedestrian accident(MV Ped) 08/20/2015 23:10:14 No 321 EMS call, excluding vehicle accident with inju 08/21/2015 06:01:03 No 321 EMS call, excluding vehicle accident with inju 08/21/2015 07:09:58 No 700 False alarm or false call, other 08/21/2015 08:33:59 No 321 EMS call, excluding vehicle accident with inju 08/21/2015 09:04:47 No 321 EMS call, excluding vehicle accident with inju 08/21/2015 12:04:13 No 700 False alarm or false call, other 08/2 11201 5 1 2:16:04 No 744 Detector activation, no fire - unintentional 08/22/2015 10:17:14 No 745 Alarm system activation,no fire,unintentional 08/22/2015 10:19:03 No 700 False alarm or false call, other 08/22/2015 11:15:56 No 321 EMS call, excluding vehicle accident with inju 08/22/2015 17:04:37 No 700 False alarm or false call, other 08/24/2015 06:52:48 No 700 False alarm or false call, other 08/24/2015 12:26:38 No 311 Medical assist, assist EMS crew 08/24/2015 19:44:47 No 571 Cover assignment, standby, moveup 08/25/2015 03:08:39 No 321 EMS call, excluding vehicle accident with inju 08/25/2015 09:28:16 No 611 Dispatched &canceled en route 08/25/2015 15:15:08 No 321 EMS call, excluding vehicle accident with inju 08/26/2015 01:52:37 No 321 EMS call, excluding vehicle accident with inju 08/26/2015 07:24:28 No 745 Alarm system activation,no fire,unintentional 08/26/2015 09:30:09 No 745 Alarm system activation,no fire,unintentional 08/26/2015 09:42:49 No 522 Water or steam leak 08/26/2015 18:11:00 No 321 EMS tail, excluding vehicle accident with inju 08/26/2015 18:40:20 No 321 EMS call, excluding vehicle accident with inju 08/27/2015 10:48:01 No 700 False alarm or false call, other 08/27/2015 11:57:49 No 321 EMS call, excluding vehicle accident with inju 08/27/2015 12:14:38 No 700 False alarm or false call, other 08127/2015 14:30:06 No 700 False alarm or false call, other 08/27/2015 17:56:14 No 700 False alarm or false call, other 08/28/2015 07:0624 No 321 EMS call, excluding vehicle accident with inju 08/28/2015 10:37:43 No 700 False alarm or false call, other 08/28/2015 1429:10 No 671 Hazmat release investigation wl no hazmat 08/28/2015 15:53:21 No 322 Motor vehicle accident with injuries 08/28/2015 16:28:40 No 321 EMS call, excluding vehicle accident with inju 08/29/2015 01:10:08 No 311 Medical assist, assist EMS crew 08/29/2015 07:15:24 No 522 Water or steam leak 08/30/2015 10:52:01 No 300 Rescue, EMS incident, other 08/30/2015 21:34:26 No 311 Medical assist, assist EMS crew 08/31/2015 02:10:16 No 611 Dispatched & canceled en route 08/31/2015 07:26:09 No 321 EMS call, excluding vehicle accident with inju 08/31/2015 07:53:54 No 745 Alarm system activation,no fire,unintentional 08/31/2015 12:52:32 No 321 EMS call, excluding vehicle accident with inju 08/31/2015 14:04:48 No 745 Alarm system activation,no fire,unintentional 08/31/2015 15:13:48 No O a a O x w a CL N a4op � p M M r u N a' o 61 C40 0 Lij E x a a W ta- C. 4 z 3 � 3 a N M N r r N r r r LA s r a • • i � yy1 4 Y7 r i a 0 z 1� a • VH] � a VQgJ � N Zcc Z ' o � m N > o Wa aa 0- 1 R62 o N � . a �`n5L E a a � Yo 'a LA uaZ EM� a � Z W W u W W W W W W W YJ W W W W w LL LL LL U. 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LL. xxxxxxx = it Z Q LLJ W [aJ LLJ W W LIJ W W W W W W W W W W W LN LN W LaJ W W W W W W W C4,OF VgR.`. of y: sl Via•° e ��"ftr INOJ I f1 and Environmental Control Department RECEIVED3 3`9 dEP ,Y OF 11 ��01eve 33$ axD a, To: Mark Whitworth,City Administrator From: Leonard Grossberg,Director/Health Officer Date: September 3,2015 Re: Transmittal of Health&Environmental Control Department Monthly Report I am forwarding the attached subject report for August 2015 for submission to the City Council. I am requesting that the report be placed on the normal City Council agenda. Please let me know if you need additional information. Attachment 9cLg:K/Leonard/HID/monthly reports/City Admin Transmittal Monthly Report August 2015 OF VERIVI ON ,August, 2015 MONTHLY REPORT Leonard Grossberg, Director/Health Officer HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT MONTHLY REPORT AUGUST, 2015 HAZARDOUS MATERIALS CONTROL August continued to be a busy month for hazardous materials permit renewals. Our staff assisted business representatives to properly complete Hazardous Materials Business Plan forms using the new California Environmental Reporting System (CERS) which allows electronic submittals of hazardous materials inventories and permit information. The month of August was notable for several emergency response actions. We responded to a severed finger at a food processing facility which required we issue a clean-up and sanitation notice prior to start-up, and also responded to illegal dumping of hazardous wastes on the public right-of-way. In cases such as these, we oversee the proper clean-up and disposal, while trying to investigate the source of the materials. Closure and cleanup activities included the ongoing site assessments/closure at Exide Technologies on Indiana Street, the former Pechiney facility on Fruitland Avenue, 2639 Bandini Blvd., Vernon Sanitation on Alcoa Ave., and 4060 E. 26th Street at the former U.S. Fertilizer site. Chief Deputy Director David LeDuff has been working diligently for the upcoming CUPA audit in September by retrieving requested documents and updating CUPA policies in preparation for the multi-day event. Auditors from Cal-EPA, Department of Toxic Substances Control (DTSC), Office of the State Fire Marshal, California Emergency Management Agency (Cal-EMA), and the State Water Resources Control Board will conduct a bi-annual review of our programs in Hazardous Materials, Hazardous Wastes, Tiered Permitting, California Accidental Release Program (CalARP), Underground Storage Tanks, and Aboveground Storage Tanks. We expect the focus this year to be in our ability to implement and monitor the California Environmental Reporting System (CERS) portal that businesses now use to report inventories and important information to the regulatory agencies. Senior Environmental Specialist Jerrick Torres conducted a field consultation for the pending closure of the "Clorox" site on Bandini Blvd. with environmental representatives. Clorox has indicated that they will be closing the Vernon Plant and consolidating operations with another site out-of-state. UNDERGROUND TANK PROGRAM No underground storage tanks were removed during the month of August. Three underground storage tank facilities were observed by staff for their"annual monitoring and certification" tests that are required 2 annually for all underground tanks. In addition, the monitoring system for the tank system at the City Yard was replaced in August after experiencing a failure. FOOD PROGRAM August was also a very busy month for our food program. Activities included significant efforts relating to wholesale food vehicles. Wholesale food vehicle permit renewal inspections were conducted the last week of July, and follow-up inspections in August. A part of the wholesale food vehicle program includes the inspection of vehicles to assure compliance with sanitation and mechanical refrigeration requirements. The inspection program was held at Fire Station#1 on Fruitland and over 1300 permitted vehicles were inspected. Senior Environmental Specialist Lyndon Ong Yiu conducted several plan checks on proposed remodeling and new construction for food processors. Lyndon also conducted cross connection surveys at food processing facilities during the month and approved the Whole Foods facility construction for Occupancy. During the month of August, two food complaints were investigated: both were for illegal food vendors operating without valid health permits. The Vernon Police Department assisted by investigating activities over the weekend which helped us to make a determination as to the validity of the complaints. ENVIRONMENTAL PROTECTION Environmental Specialist Erik Cheng collected fifteen monthly water samples during the month of August. The samples were tested and found to be negative for e-coli and total coliforms. All the samples met State standards for potability. Senior Environmental Specialist Jerrick Torres met with representatives of"Farmer John" and the Regional Water Quality Control Board (RWQCB) to discuss the storm water permit requirements for"Farmer John". Senior Environmental Specialist Jerrick Torres and Linda Johnson both attended an 8-hour HAZWOPER refresher training course in August. Environmental specialists that obtain their 40-hour Hazardous Waste Operations Certification are required to refresh their training yearly with an 8-hour training. We currently have 6 trained specialists. 3 Chief Deputy Director Dave LeDuff conducted three surveys of the Los Angeles River for mosquitoes. Minimal activity was noted, and all mosquito larvae was physically eliminated. ® ® 0 August was also very busy in that staff attended required training for Continuing Education Units (CEU's) in Vector Control Management, Underground Storage Tank technical advisory group, and Recycled Water Systems. Senior Environmental Specialist Lyndon Ong Yiu approved 18 new monitoring well permits as part of the Exide Technologies closure investigation along Bandini Blvd. Finally, staff conducted a table-top exercise with the Vernon Fire Department as part of the requirements of our update to the Hazardous Materials Emergency Plan (HMEP) grant. The event included coordination with Fire, Finance, Public Works, and Health Department personnel. This came a week after we tested the effectiveness of our Emergency Operations Center(EOC), and both were a success. Senior Environmental Specialist Linda Johnson hosted several members from CalRecycle and DTSC in conducting a site visit in Vernon as an "Environmental Justice Group" concerned about the Boyle Heights area and the impacts of Vernon businesses to nearby homes. s Last by not least, Director Leonard Grossberg continues to participate in the monthly"Exide Community Advisory Group" meetings, which were held in Huntington Park last month. The advisory group and public continue to discuss the pending Exide closure plan as well as cleanup activities for the home lead soil- sampling and cleanup schedules. 9CL&K/Leonard/Health Dept/Monthly Repoits/August 2015.doe 4 ��� �ale�� � but her hem�s 7 ye��s�f�because e� ok`es F � 2 � rL\ arr€f�ia�tt��ontro�ler3�rtgf�bteod recur he's rtat (� � $ �.. e , ��c�ltso tftbst Arrrerlcari aduf�s halve�kir�art tba�I�e�l�e�� � 3 i r `theiractual age.One way to understand your risk for a heart 'M �' <. � attack or stroke is to learn your"heart age."Heart age is the age 5 of your heart and blood vessels as a result of your risk factors for heart attack and stroke.There are some things that put you at risk for a heart attack or stroke that you cannot change such � �� as getting older or our family history; et there are man others 9 9 Y Y Y y y that you can change. If you smoke or have high blood pressure, h your heart age will be much higher than your actual age.The most common reasons for a higher heart age that can be changed or managed are: high blood pressure, high cholesterol, smoking, rs obesity, unhealthy diet, physical inactivity, and diabetes.At any age,you can make your heart younger by making changes that reduce your risk. Even if you haven't had a heart attack or stroke, most US adults have a heart age older than their actual aged placing them at greater risk of having one. tx What you can do: ° • Learn your heart age and how to improve it. www.cdc.gov/heartdisease/heartage.htm 4 g • Start by choosing a risk factor or two that you're ready to change, like smoking or high blood pressure,and focus on Y improving them first. • Work with your doctor to make heart healthy choices for a lower heart age. • Take action at any age to lower your heart age and keep it low ` over time. s I I V it Want to learn more?www.ede.gov/vitalsigns/heartage Centers for Disease Control and Prevention x l National Center for Chronic Disease Prevention and Health Promotion titx s, ar ur„ US adults have hearts 7 years older than they should be. a Though there are other ways of looking at your risk for having attack or stroke, have a heart age that is 5 or more years older a heart attack or stroke, heart age is an easy way for us to talk than their actual age.That's about the number of people living about it.You want a heart age that is the same or younger than in the 130 largest US cities combined. One in 2 men and 2 in 5 your actual age. Using information from the Framingham Heart women have heart ages 5 or more years older than their actual Study and data collected from every US state,CDC projections age,with the average being 7 years older. show that around 69 million US adults that haven't had a heart Blood Pressure Ideal Prehypertension Hypertension (Less than 120 mm Hg) (120-139 mm Hg) (140 mm Hg or higher) Having an ideal blood 25 pressure (less than 120/80) 20 lowers your heart age. 15 — a Iwo 10 ------ �_ — Ea Sources:Behavioral Risk Factor Surveillance System,2011 and 2013. Z Men Women National Health and Nutrition Examination Survey,2007-2012. e e . e . e • 1 � . e • a e • . e • e • a ' . e e e e • e e e e e e e e , e o e e ' RfSK FACTf}R . MEN. , WOMEN MEN WOMEN MEN, WQMEN Are current smokers 26% 18% 18% 10% 21% 20% Have high blood 42% 44% 31% 29% 32% 25% pressure Have diabetes 13% 15% 13% 13% 8% 7% Are overweight 78% 79% 80% 70% 76% 56% orobese Source:Behavioral Risk Factor Surveillance System,2011 and 2013. *Percent of adults with risk factors included in the Framingham Heart Age calculator that increase their heart age 2' Many people have a heart age that is greater than their actual age because of certain reasons. 45 year old male ! •Smoker 75 years •High blood pressure(systolic blood pressure of 150 mm Hg) •Diabetic •Healthy weight(body mass index(BMI)of 23) �® 50 year old female •Non-Smoker 85 years •High blood pressure(systolic blood pressure of 148 mm Hg) •Diabetic •Obese(BMI of 32) Source:Framingham Heart Age Calculator,v�:wv c€Ic.govlheatt(isease7hea°fagc.ntm High blood pressure—Make control your goal. Unhealthy diet—Eat a healthy diet, low in f � sodium and trans fats and high in fresh fruits High cholesterol—Work with your doctor on a and vegetables. treatment plan to manage your cholesterol. Physical inactivity—Get 150 minutes every Diabetes—Work with your doctor on a treatment week of a moderate intensity exercise such as plan to manage your diabetes. brisk walking. Tobacco use—If you don't smoke,don't start. Obese—Maintain a healthy weight. If you do smoke,get help to quit.Avoid secondhand smoke. ®® Source:Vital Signs,September 2013 There are geographic differences; in average heart age across states. WA - OR MT MN VT NH Mississippi,West Virginia, Louisiana, , � MA Kentucky, and Alabama are the M five states that have the highest �� UT r,� NJ DE �''�' percentage of adults with heart CA �� co _�� �'`, ages 5 or more years older than their actual age,while the five states' , a with the lowest are Utah, Colorado, California, Massachusetts,and Hawaii. 00 � Source:Behavioral Risk Factor Surveillance System,2011 and 2013. National Health and Nutrition Examination Survey,2007-2012. 33.1%-39 6% 39.7%-42 7 6% 42.8%-44.3% 44.4%-47.9% 48.0%-56.5% *Adults aged 30-74 with no history of heart attack or stroke. 3 ,e The rederal government is: Doctors, nurses,and other ■ Requiring most health plans to cover recommended healthcare providers cane preventive services at no out-of-pocket cost(such as co-pays or deductibles)through the Affordable Care ■ Calculate heart age among your patients aged 30-74 Act,for example,blood pressure screening and tobacco and talk with them about the effect of risk factors on cessation interventions and counseling to prevent heart their heart health. disease and stroke. www.lioalthcare.gov/preventive-care-benefits/ ■ Help patients choose a risk factor or two to focus on improving first,such as quitting smoking,getting ■ Leading the national Million Hearts®initiative to regular exercise,making healthy eating a part of their prevent 1 million heart attacks and strokes by 2017. lives,and helping them take their medications Millionhearts.hhs.gov as prescribed. ■ Providing resources to all 50 states to address chronic ■ Refer patients to community resources such as smoking disease prevention, including heart disease and stroke, quitlines and diabetes prevention programs that will including through the Prevention and Public Health Fund. support them as they make and keep these ,F lifestyle changes. ■ Leading national campaigns that address causes of heart disease and stroke,such as Let's Move! ■ Continue to use other calculators recommended by www.letsmove.gov,and Tips from Former Smokers national guidelines that assess cardiovascular risk and www.ccic.gov/tobacco/campaign/tips/. help inform treatment decisions. Statescan: Iveryone can; ■ Promote safe walking areas and access to healthy food ■ Learn your heart age and how to improve it. In communities. www.ccic.gov/liearic:lisease/heartage,htm Address tobacco use comprehensively by promoting ■ Start by choosing a risk factor or two that you're ready smoking quitlines and tobacco-free areas, increasing to change,like smoking or high blood pressure,and the price of tobacco products,and running hard-hitting focus on improving them first. anti-tobacco ads. ■ Work with your doctor to make heart healthy choices ■ Partner with hospitals to identify and address the for a lower heart age. health care issues in their community. ■ Take action at any age to lower your heart age and ■ Prevent heart disease and stroke by using easily keep it low overtime. understood communication materials to promote how to lower heart age and reduce the risk of heart attack and stroke. For more information,please contact 1-800-CDC-INFO(232-4636) TTY: 1-888-232-6348 www.cdc.gov Centers for Disease Control and Prevention 1600 Clifton Road NE,Atlanta,GA 30333 Publication date:9/l/2015 RECEIVED IF- E[ 0 of �r:1 Z015 Z CITY ADMINISTRATION ty SEA' 0 1 2015 CITY CLEWS OFFICE � POLICE DEPARTMENT Daniel Calleros,Chief of Police 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323)587-5171 Fax (323)826-1481 September 1, 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 16, 2015 up to and including midnight of August 31, 2015. Respectfully submitted, VERNON POLICE DEPARTMENT DANIEL CALLEROS CHIEF OF POLICE DC/dr Excfusiw6;Industrial VERNON POLICE DEPARTMENT Department Activity Report First Date: 0811612015 Jurisdiction: VERNON Last Date: 0813112015 Department Complaint All Units Primary Unit Type Description VPD 10-6 OFFICER IS 10-6 C7,961,962,10-10,WASH,EQUIPA 154 142 10-96H PICK UP THE JAIL PAPER WORK FROM HP JAIL 2 2 10-96M 10-96 MARY(MAIL DETAIL) 4 4 20001 INJURY HIT AND RUN 4 2 20002 NON-INJURY HIT AND RUN 8 5 20002R NON-INJURY HIT AND RUN REPORT 2 1 211S SILENT ROBBERY ALARM 6 1 242 BATTERY 8 2 242R BATTERY REPORT 7 2 245R ASSAULT WITH A DEADLY WEAPON REPORT 6 1 314 INDECENT EXPOSURE 1 1 415 DISTURBING THE PEACE 34 11 417 BRANDISHING A WEAPON 3 1 422R TERRORIST THREATS REPORT 2 2 459A AUDIBLE BURGLARY ALARM 138 74 459S SILENT BURGLARY ALARM 9 4 459VR BURGLARY TO A VEHICLE REPORT 7 4 476R FRAUD REPORT 3 3 484 PETTY THEFT 4 1 484R PETTY THEFT REPORT 9 5 487R GRAND THEFT REPORT 3 3 503R EMBEZZLEMENT REPORT 3 3 505A TRAFFIC PROBLEM 1 1 586 PARKING PROBLEM 35 30 594 VANDALISM 2 1 594R VANDALISM REPORT 9 5 602 TRESPASS 6 4 901 UNKNOWN INJURY TRAFFIC COLLISION 5 2 901T INJURY TRAFFIC COLLISION 6 2 902T NON-INJURY TRAFFIC COLLISION 44 26 902TR NON-INJURY TRAFFIC COLLISION REPORT 5 4 909T TRAFFIC HAZARD 2 1 911 911 MISUSE/HANGUP 18 11 911A CONTACT THE REPORTING PARTY 26 20 920PR LOST PROPERTY REPORT 2 2 925 SUSPICIOUS CIRCUMSTANCES 14 8 ASTVFD ASSIST VERNON FIRE DEPARTMENT 25 14 BOSIG BROKEN SIGNAL OR LIGHT 5 3 BOVEH BROKEN DOWN VEHICLE 18 14 CITCK CITATION CHECK 3 2 CIVIL CIVIL MATTER 6 3 CODE5 SURVEILLANCEISTAKE-OUT 3 3 COP COP DETAIL 1 1 DET DETECTIVE INVESTIGATION 12 7 DETAIL DETAIL 3 3 DPTAST DEPARTMENTAL ASSIST 12 6 DUI DRIVING UNDER THE INFLUENCE 2 2 DUST DUST FOR PRINTS 1 1 09/01/2015 01:00:02 Page I of 2 VERNON POLICE DEPARTMENT Department Activity Report First Date: 08116/2015 Jurisdiction: VERNON Last Date: 08/3112015 Department Complaint All Units Primary Unit Type Description VPD FILING OFFICER IS 10-6 REPORT WRITING 51 50 FTY FAILURE TO YIELD 5 1 FU FOLLOW UP 27 17 GTAR GRAND THEFT AUTO REPORT 4 3 HBC HAILED BY A CITIZEN 6 3 k9 TRAINING K9 TRAINING REMINDER,OBTAIN LOCATION 2 1 KTP KEEP THE PEACE 1 1 LOCATE LOCATED VERNON STOLEN VEHICLE 3 2 LOJACK LOJACK HIT 3 2 MISPR MISSING PERSON REPORT 3 1 MR60 MISC.REPORT 8 2 PAPD PUBLIC ASSIST-POLICE 6 3 PATCK PATROL CHECK 115 97 PEDCK PEDESTRIAN CHECK 88 52 PRSTRAN PRISONER TRANSPORTED 7 6 REC RECOVERED STOLEN VEHICLE 18 6 RECKLESS OF RECKLESS DRIVING(23103) 4 2 REPO REPOSSESSION 4 4 RR RAIL ROAD PROBLEM 3 2 SEAACA SEAACA ANIMAL CALLS 1 1 SPEED SPEED CONTEST OR SPEEDING(23109) 11 6 TRAFFIC STOI TRAFFIC STOP 307 230 VCK VEHICLE CHECK 82 65 VEH RELEASE VEHICLE RELEASE 15 12 VIDEOCHECK VIDEO EQUIPMENT CHECK(10-96 V) 2 1 VMCVIO VERNON MUNICIPAL CODE VIOLATION 1 1 WARRANT WARRANT ARREST 1 1 WELCK WELFARE CHECK 21 9 WRNTSVC WARRANT SERVICE 4 3 Department: 1486 1034 Overall• 1486 1035 0910112015 01:00:02 Page 2 of 2 VERNON POLICE DEPARTMENT Police Activity Report Period Ending: 08/31/15 TRAFFIC COLLISIONS NO. PROPERTY RECOVERED TOTAL 12 VEHICLES: $58,000.00 NON-INJURY 11 INJURY 1 Pedestrian Fatalities City Property Damage 1 Hit& Run(Misdemeanor) 4 Hit& Run(Felony) 1 Persons Injured 2 VEHICLES STORED PROPERTY RECOVERED FOR Unlicensed Driver 22 OTHER DEPARTMENTS Abandoned/Stored Vehicle 16 VEHICLES: $18,455.00 Traffic Hazard 1 CITATIONS Citations Iss (Prisoner Release) 14 Citations Iss (Moving) 139 Citations Iss (Parking) 30 Citations Iss (Total) 169 Hazardous 71 Non-Hazardous 67 Other Violations 1 CASES CLEARED BY ARREST AR15-208 CR15-1383 496(A) PC AR15-209 CR15-1384 10851(A) VC AR15-211 CR15-1404 503 PC JA15-212 CR15-1408 594(A)(1) PC AR15-216 CR15-1427 11377(A) HS AR15-217 CR15-0997 273.6(A) PC AR15-218 CR15-0859 503 PC AR15-220 CR15-1455 242 PC AR15-221 CR15-1456 245(A)(1) PC AR15-222 CR15-1458 10851(A)VC VERNON POLICE DEPARTMENT REPORT FOR PERSONS ARRESTED PERIOD ENDING M31/15 ADULT FELONY ARRESTS AND DISPOSMON MALE FEMALE TOTAL ASSAULT WITH A DEADLY WEAPON 1 1 BURGLARY CARRY CONCEALED WEAPON i EMBEZZLEMENT 1 1 2 FORGED OFFICIAL SEAL IDENITY THEFT POSS. CONTROLLED SUBSTANCE POSS. STOLEN PROPERTY 1 1 RESISTING ARREST ROBBERY VEHICLE THEFT 2 2 WARRANT(BENCH) TOTAL FELONY ARRESTS 5 1 6 A DULT MISDEMEAN 0 R AR E STS AND DISPOSMON MALE FEMALE TOTAL BATTERY 1 1 CRIMINAL THREATS DRIVE WHILE LICENSED SUSPENDED DRIVING UNDER THE INFLUENCE 3 3 FALSE VEHICLE REGISTRATION TABS 1 1 POSS. CONTROLLED SUBSTANCE 1 1 RESTRAINING ORDER VIOLATION 1 1 TRESPASSING VANDALISM WARRANTS (BENCH/TRFC) 3 3 WARRANTS (FOREIGN) TOTAL MISD. 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( k $ ^ ® 28 28 q 8 �\ 4\ & �G �G £ / 2� 2� � �\ 0 UN U� 2 20 20 £ 2 q q \ 7 ~ § $ 7 Le) b 2 2 & 2 Q § § § ac %c co a k§ k> $ % k ? k ) § k m § (Nq § O « q 2 §ao q O kC G ES ) � � > � LU \ © § / < Z § §CD o � 0 k \ d ofr - § § M < < e ¢ § < ± o ° 3 � � � BL k042 � / . \ § / LL ® § \ § § § A A o (n = oC� k C) / } (La [ a � & q >> >> L/ O G � k � < % 2 k \ § \ � F o > ' / 04 f i k \ qu t- en 0 § � / 2 k k / m R. d � k A See � ,S�F�G� c���� STAFF REPORT CITY ADMINISTRATION - IT DIVISION DATE: September 15, 2015 TO: Honorable Mayor and City Council FROM: Mark C. Whitworth, City Administrator Originator: Ernesto Smith, IT Manager RE: Authorization to Issue Purchase Contract to Advanced Utility Systems. Recommendation A. Find that the approval of a Purchase Contract to Advanced Utility Systems 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. Authorize the issuance of a Purchase Contract to Advanced Utility Systems in an amount not to exceed $122,750 for the upgrade of the CIS Infinity billing software used by Vernon Gas & Electric. The issuance of said Purchase Contract is exempt from competitive bidding and competitive selection under the sole source exemption outlined in Section 2.17.12(A)(2) of the Vernon Municipal Code. Background The IT Division needs to upgrade the CIS Infinity billing software used by the Vernon Gas & Electric Department to Version 4. The upgrade is necessary as the Version 2 of the software currently being used will no longer be supported by Advanced Utility Systems. The software is critical to VG&E's revenue stream as it is used to bill customers for Electric, Gas, and Water usage. The CIS Infinity upgrade would include project management, data conversion, software control file configuration, and training. Pursuant to Section 2.17.12(A)(2) of the Vernon Municipal Code, the Purchase Contract requested herein is exempt from competitive bidding and competitive selection as these upgrade services can only be obtained from one vendor. Upgrade services are only available from Advanced Utility Systems as the CIS Infinity software is their proprietary software. Page 1 of 2 Substantive modifications have been made to the terms and conditions of the City's standard form Purchase Contract as summarized below: Item 1 on the proposed purchase contract was changed to specify that the contractor will provide services as "described in the attached Project Scope of Work." The whole of item 2 on the proposed purchase contract was added and provides that the "Contractor and City are subject to all terms and conditions of the Software License and Implementation Agreement signed December 7, 2005 between the City of Vernon and N. Harris Computer Corporation (Formerly Advanced Utility Systems Corporation) and as amended as per the terms of this Purchase Order/Contract and all other attachments hereto." This item also includes the language found in item 20 of the standard form purchase contract. Items 9 and 12 on the proposed purchase contract deal with third party claims against the City and indemnification and elaborate on the language found in item 13 of the standard form purchase contract. Item 19 on the proposed purchase contract includes the City's Living Wage Ordinance provision usually in item 24 of the standard form and further includes California Labor Code Prevailing Wage provisions. Item 20 on the proposed purchase contract deals more specifically with the conditions and requirements for cancellation than what is typically included in item 25 of the standard form contract. Items 7-10 on the standard form purchase contract were not applicable and were not included in the proposed purchase contract. Item 11 on the standard form purchase contract was not included in the proposed purchase contract as the provisions in this section are covered by a provision in the original Software License and Implementation Agreement mentioned in item 2. Likewise, item 22 on the standard form purchase contract was not included in the proposed purchase contract as a similar provision already exists in the original Software License and Implementation Agreement. The attached terms and conditions for the proposed Purchase Contract have been reviewed and approved as to form by the City Attorney's Office. Fiscal Impact Sufficient funds were allocated and are available in the fiscal year 2015-2016 IT budget for the Purchase Contract requested herein. Attachment(s) 1. Terms and Conditions of Proposed Purchase Order/Contract with Advanced Utility Systems 2. Terms and Conditions of Standard City Purchase Order/Contract Page 2 of 2 Attachment 1 Terms and Conditions of Proposed Purchase Order/Contract with Advanced Utility Systems TERMS AND CONDITIONS OF PURCHASE ORDER/CONTRACT-CITY OF VERNON This Purchase Order/Contract is a government contract. The terms are not changed by any words added by Contractor,nor superseded because of any form used by Contractor in the course of business,unless otherwise specified below. Any subsequent change in terms must be agreed to by an authorized representative of the City,in writing. Acceptance by the City of goods,materials or services is not an acceptance of Contractor's other terms. 1, Contractor agrees to furnish the services described in the attached Project Scope of Work. 2. Contractor and City are subject to all terms and conditions of the Software License and Implementation Agreement signed December 7,2005(the"License Agreement")between the City of Vernon("City")and N. Harris Computer Corporation(formerly Advanced Utility Systems Corporation)("Contractor")and as amended as per the terms of this Purchase Order/Contract and all other attachments hereto. In case of conflict between the terms of this Purchase Order/Contract and the terms of any other document which is a part of this transaction,including but not limited to the Project Scope of Work and the License Agreement,the terms of this Purchase Order/Contract shall strictly prevail,The Purchase Order/Contract,the Project Scope of Work,the License Agreement and all exhibits attached thereto shall hereinafter be referred to collectively as the "Agreement." 3. Contractor agrees to submit all invoices in duplicate to the address indicated in the Agreement. 4. Contractor agrees to invoice at net prices without federal excise tax or federal fuel tax. 5. Contractor agrees to show on all invoices the name of the department to which services were furnished,and whether the invoice covers complete or partial delivery or performance,the name and/or number of the Agreement and any applicable cash discount. 6. Contractor agrees to prepay transportation charges and show them separately on all invoices. 7. Contractor agrees to show applicable sales or use tax as separate items on all invoices. 8. Prior to approval of the Agreement,Contractor may be required to provide to City evidence of insurance. Failure to maintain the required amounts and types of coverage throughout the duration of services supplied shall constitute a material breach of this contract and shall entitle the City to terminate this contract. 9. In the event there is a third party claim against City alleging that City's use of the Software(as defined in the License Agreement)in accordance with the License Agreement constitutes an infringement of a Canadian or United States' patent,copyright,trade-mark or trade secret or other intellectual property that is valid and enforceable in City's jurisdiction,Contractor shall,at its expense,and without being subject to any limitation of liability as set forth in section 6.1 of the License Agreement,defend and indemnify City and pay any final judgment against City(including all damages awarded against City)or settlement agreed to by Contractor on City's behalf. This indemnity is only effective where(i)City has not made any admissions or begun settlement negotiations either prior to or after providing notice to Contractor of the applicable claim except with Contractor's prior written consent,(ii)Contractor has sole control of the defense of any claim or proceeding and all negotiations for its compromise or settlement;(iii)City assists and provides information to Contractor throughout the action or proceeding,and(iv)City has not modified the Software in any manner whatsoever except with the prior written consent of Contractor. Contractor's liability for any claims under this paragraph 9 shall be reduced to the extent such claim arises from (i)alterations or modifications to the Software by City or a third party in any manner whatsoever except with the prior written consent of Contractor;(ii)combination,integration or use of the Software with software, hardware or other materials not approved by Contractor where such claim would not have arisen but for such combination,integration or use;(iii)use of the Software other than in compliance with this Agreement;(v) compliance with the City's written instructions or specifications;or(vi)use of the Software after notice from Contractor that it should cease due to possible infringement. I I Any breach by City of its covenants under this paragraph 9 shall nullify this indemnity but not the sole right of Contractor to have full and complete authority of the defense to defend such claim or proceeding and of all negotiations related therewith and the settlement thereof. In the event that the City's use of the Software is finally held to be infringing or Contractor deems that it may be held to be infringing,City agrees that the only remedy available to it is that Contractor shall be,at Contractor's election,for Contractor to; (1)procure for the City the right to continue use of the Software;or(2)modify or replace the Software so that it becomes non- infringing, The foregoing states Contractor's entire liability,and the City's exclusive remedy,with respect to any claims of infringement of any copyright,patent,trade-mark,trade secret or other intellectual property and property interest rights relating to the Software,or any part thereof or use thereof. City may,at its sole cost and expense—which is outside the scope of this indemnity—retain counsel of its own choosing who shall be permitted to attend all settlement conferences and hearings or other court appearances (except where the court has specifically made an order against such attendance)related to the proceeding. The indemnity provisions of this paragraph 9 shall not apply to third party software and Contractor shall have the right,subject to paragraph 17 below,to substitute the licensor of the third party software to perform Contractor's obligations hereunder and the City agrees to release Contractor from any obligations related to such third party software. 10, Contractor shall not perform work on City owned property,and shall not commence work or cause materials to be delivered to the job site,until so authorized in writing by the Head of the Department(or designee)for whom the work was ordered. It, Contractor certifies and represents that,during the performance of this contract,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,religion,color,national origin, ancestry,disability,sex,age,medical condition or marital status. Contractor further agrees that it will not maintain any segregated facilities. 12, The City shall indemnify and save harmless the Contractor,its successors and assigns together with its officers, directors,employees,agents and those for whom it is in law responsible,only from and against any and all liabilities,damages,costs,expenses,causes of action,claims,suits,proceedings and judgments(collectively "Claims")which Contractor may incur or suffer or be put to by reason of or in connection with or arising from any knowing breach,violation or non-performance by City of any obligation contained in this Agreement to be observed or performed by City,or any intentionally wrongful act or gross negligence of City or its agents or employees which relates to this Agreement.Contractor agrees to indemnify,hold harmless,and defend(even if the allegations are false,fraudulent or groundless),subject to the limitation of liability as set forth in section 6.1 of the License Agreement,the City,its City Council and each member thereof,and its officers,employees, commission members and representatives, from any and all Claims resulting from or arising from the knowing breach,violation or non-performance by Contractor of any obligation contained in this Agreement to be observed or performed by Contractor,or any intentionally wrongful act or gross negligence of Contractor or its agents or employees which relates to this Agreement.This agreement by Contractor to indemnify includes 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,Contractor and its employees or agents,and members of the general public),subject to paragraph 9 above.The Parties acknowledge and agree that this indemnity shall survive any termination of this ; Agreement. 13. Contractor shall obtain a City Business License under the terms and conditions of Vernon City Code,Sections 5.20,and following,where required. 14. Contractor hereby represents,warrants and certifies that no officer or employee of the Contractor is a director, officer or employee of the City of Vernon,or a member of any boards,commission or committees,except to the extent permitted by law. 15, 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 I I I i I which it is entitled under the contract and/or is paying the amounts to which Contractor is properly entitled to 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 the termination of the contract. The Vendor 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. 16, It is understood that in the performance of any 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. Contractor acknowledges that Contractor 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 of Workers' Compensation insurance benefits, 17. The Agreement shall be binding upon the parties,their successors and permitted assigns. Neither the City nor the Contractor shall assign,sublet or transfer any interest in the Agreement without the prior written consent of the other party,which may be withheld for any reason,except that either party may assign to a successor entity in the event of its dissolution, acquisition,sale of substantially all of its assets,merger or other change in legal status.Any unauthorized assignment of transfer shall be null and void and shall constitute a material breach of the assigning party of its obligations under this contract. 18. A party'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 of breach,nor of a subsequent breach of the one waived. 19. The provisions of Vernon's Living Wage Ordinance,Vernon City Code,Sections 2.131,and following, requires that contractors providing labor or services to the City pay employees in accordance with the Ordinance. The provisions of California Labor Code Sections 1770,and following,regarding the payment of prevailing wages on public works,and related regulations,apply to all City Contracts. If Living Wage provisions and Prevailing Wage provisions should both apply,then contractor shall pay the higher of the applicable wages to the extent required by law. 20. The City reserves the right to cancel any portion of this Purchase Order/Contract at any time prior to completion of the attached Scope of Work.Notice of Cancellation must be received by Contractor in writing.In addition to the non-refundable 25%Contract Signing milestone per the attached Scope of Work,Contractor will be compensated for all services performed and all other costs incurred(e.g. travel),in accordance with this Purchase Order/Contract and subject to Section 2 of the Project Scope of Work,up to and including the date of receipt by the Contractor of the Notice of Cancellation. Any amounts due by the City to the Contractor will be paid within thirty(30)days upon the receipt of a final invoice covering the period up to the date of the cancellation. 21. This Purchase Order/Contract shall be governed and construed according to the laws of the State of California. 22. This Agreement 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). 23. Additional terms(All additional terms and conditions must be approved as to form by the City Attorney in writing). I ADVANCED UT I L ITY SYSTE M S Memorandum To: Anthony Serrano/City of Vernon From: Peter Fanous Please find attached the Version 4 Upgrade Scope of Work.This document includes pertinent information detailing Project Goals,Project Hours,Upgrade Process Plan,Training etc. Please review at your earliest convenience.When you have completed your thorough review and you choose to proceed with this project,please sign and return this document to fax number 416-496-3910 or if you prefer,you may forward the executed document to Brenda Klem at bklem@advancedutility.com. This document will then serve as our authorization to proceed. If you have any questions,please do not hesitate to contact me at 416-496-0149 ext 231. Best regards, Peter Fanous Executive Vice President Version 4 Scope of Work Acceptance: Services$122,750 Name(printed): Signature: _......................_........................._._....._................-..._.__.._........_..._.....-.._._.._..... _........................_.................._..._..._.__.._.._._......_.._.._.._._..__._.._._........................_..........—_-----------_-------_-___ City of Vernon/Advanced Utility Systems-Project Scope of Work April 8,2015 Page 1 of 1 Project Scope of Work City of Vernon April 8, 2015 Table of Contents Section1 -Project Overview......................................................................................................................7 CIS Infinity---Upgrade To Version 4.....................................................................................................7 ProjectGoals and Objectives....................................................................................................................7 Migration Strategy-Specific Goals and Objectives................................................................................7 Timeline....................................................................................................................................................8 PrimaryRoles of Advanced:.....................................................................................................................9 PrimaryRoles of Vernon:.........................................................................................................................9 Specific Obligations of Advanced:...........................................................................................................9 Specific Obligations of Vernon:............................................................................................................. 10 EscalationProcess:.................................................................................................................................I I Section 2-Project Hours&Payment Milestones..................................................................................14 Section 3-Hardware Recommendations................................................................................................19 RecommendedSpecifications................................................................................................................ 19 Section 4-Version 4 Upgrade Plan........................................................................................................21 ProjectLife Cycle-Overview...............................................................................................................21 ProjectStart-up.......................................................................................................................................21 ProjectPlan.............................................................................................................................................21 Amended Statement of Work Process....................................................................................................21 IntegrityCheck Utility............................................................................................................................22 Initial Version 4 Upgrade Conversion....................................................................................................23 Installation..............................................................................................................................................23 Version4 Overview Training.................................................................................................................23 ConversionTesting.................................................................................................................................24 SystemFunctional Testing.....................................................................................................................24 City of Vernon -�--� — - 04/08/2015— -- -� � �-- —�-� - 5 IntegrationTesting..................................................................................................................................24 UserAcceptance Testing........................................................................................................................24 Specialized Reports and AIM Interface..................................................................................................24 BillingParallel Process...........................................................................................................................25 FinalUpgrade.........................................................................................................................................25 Final Conversion—Final Balance..........................................................................................................25 Cutover to Live......................................................................................................................................26 CISInfinity Live.....................................................................................................................................26 Section5-Acceptance Testing.................................................................................................................27 Description.............................................................................................................................................27 BaselineAccounts..................................................................................................................................27 DataComparison Tool...........................................................................................................................27 Section6—Project Migration Plan..........................................................................................................28 WorkBack Plans....................................................................................................................................28 Sample Version 4 Upgrade Work Back Plan............... .........................................................................28 Section 7—Training. ................................................................................................................................29 Version 4 Overview Agenda..................................................................................................................29 Overview................................................................................................................................................30 ClassroomTraining................................................................................................................................30 Onthe Job Learning...............................................................................................................................30 WebTraining..........................................................................................................................................30 Conclusion..............................................................................................................................................31 City of Vernon 04/08/2015 T 6 Section 1 —Project Overview Section I - Project Overview CIS Infinity --- Upgrade To Version 4 The project is defined as the provision of CIS Infinity-Version 4,by Advanced Utility Systems (Advanced)to the City of Vernon(Vernon).The project as outlined in this Scope of Work encompasses all aspects of Vernon's CIS Infinity upgrade,including but not limited to project management,data conversion, software control file configuration,and training.The current CIS Infinity instance will be upgraded to Version 4.A fully operational CIS Infinity -Version 4,that delivers on all Vernon business processes/practices provided for in the current, "production"instance of CIS Infinity, will be implemented and replace the current version of CIS Infinity. Project Goals and Objectives Key project goals as agreed upon by Advanced and Vernon include: ■ The installation and upgrade of CIS Infinity Version 4 as defined in the Scope of Work and Migration Plan. ■ Conversion of data from CIS Infinity Version 2 to CIS Infinity Version 4 ■ Conversion of current Bill Print(s)/Notice(s)format from Crystal Reports XI to Crystal Reports 2011 ■ Conversion of Standard(canned)reports format from Crystal Reports XI to Crystal Reports 2011 (non standard reports and custom reports are not included) ■ DBA services,if required ■ Training as outlined in the Training Plan. ■ Project Management. Migration Strategy- Specific Goals and Objectives The migration methodology incorporated into this schedule divides the migration of CIS Infinity into four strategic stages: ■ Stage 1: Start Up—Planning&scheduling,initial system upgrade, & conversion. ■ Stage 2: System Readiness—Conversion,system,functional&integration testing,and training. ■ Stage 3: Billing Parallel—Trial balance,final billing,user acceptance testing. ■ Stage 4:Transition to Live—Execution of migration plan. ------- ----------------- -- -._.._-------- - - .. .. City of Vernon 04/08/2015 Section 1—Project Overview Stage I —Goals and Objectives • Assemble the project teams for Advanced and Vernon. ■ Review and finalize the upgrade project timeline and proposed milestones. ■ Installation of CIS Infinity Version 4 software and initial conversion of data on Vernon's server. ■ Initial system set up and configuration. Stage 2—Goals and Objectives ■ CIS Infinity Version 4 Training. ■ Testing of upgraded data and full system functionality. ■ Testing of all integration points with Add-ons and external interfaces. Stage 3 —Goals and Objectives ■ Test upgrade preparation. ■ Parallel data extraction. ■ Trial balance and QA testing. ■ Billing Parallel, ■ Cut Over issues list generated. Stage 4—Goals and Objectives ■ System Upgrade(final run). ■ Final balance. ■ Cutover plan execution. Timeline A migration timeline has been established, identifying a target date for live use of CIS Infinity-Version 4.A migration plan has been included in Section 6,Project Migration Plan. It is understood that this timeline may change based on written agreement between Vernon and Advanced City of Vernon 04/08/2015 8 i Section 1—Project Overview Scope of Work (General Obligations) The upgrade of CIS Infinity to Version 4 is to be completed through a shared effort by Advanced and Vernon, which includes but is not limited to the following: Primary Roles of Advanced: ■ Provide and install CIS Infinity—Version 4 on Vernon's computer server. ■ Upgrade the instance of CIS Infinity Version 4 throughout the upgrade process,as required. • Run conversion process to upsize from Version 2 to Version 4 ■ Ensure CIS Infinity Version 3 is updated to at least version 3.0113 ■ Run Integrity Check Utility on CIS Infinity—Version 3 system. ■ Identify,resolve and update data changes into CIS Infinity Version 3 production systems prior to the upgrade of Version 4. ■ Validate conversion accuracy between both systems with Data Validation Report ■ Provide training services to assist Vernon with its use of the Software. ■ Provide on-going issue resolution and software upgrade support/assistance. Primary Roles of Vernon: * Prepare environment(application and database servers)for CIS Infinity—Version 4 on Vernon's computer servers. ■ Provide adequate facilities that support web-ex training during the project's lifecycle. ■ Test CIS Infinity Version 4-software configuration, functionality,integration,data conversion and canned reports,bill print,and notices. ■ Operate the CIS Infinity software for its own business practices within the parameters of the Software License Agreement. ■ Testing of all saved searches and filters that have been created by Vernon's users ■ Testing and modification of all customized reports that have been created by Vernon's users ■ Configuration of user security settings. Specific Obligations of Advanced: Delivery of CIS Infinity—Version 4, software and services: City of Vernon 04/08/2015 9 Section 1 —Project Overview ■ Advanced shall deliver CIS Infinity—Version 4, software and services associated with that delivery and Vernon shall accept such delivery,based on the installation timeline established during Stage 1. CIS Infinity—Version 4 software installation: • Advanced will provide installation of the CIS Infinity—Version 4 software. Advanced will remotely install CIS Infinity—Version 4 on a server(s)designated by Vernon. Following the initial installation,Vernon will be responsible for providing access to the software from client workstations, Training: ■ Advanced will deliver all training via Web-Ex, unless otherwise determined by both parties. The quote included in this Scope of Work identifies the allocation of training hours. ■ The allocation of hours between project management,conversion,configuration, consulting,and training categories may be adjusted from one category to another,by mutual agreement and as may be in the best interest of a successful upgrade. Bill Print ■ Advanced will convert the current bill print(Crystal Report)documents for use within CIS Infinity V4 Project Management: ■ A Project Manager stationed at Advanced shall be assigned to coordinate all migration activities related to the CIS Infinity upgrade to Version 4. Specific Obligations of Vernon: a)Procurement of hardware. Vernon shall be responsible,at its expense,for the updating of hardware as may be needed. Vernon will use its best efforts to complete its procurement and installation of the computer hardware and associated system software prior to the CIS Infinity—Version 4 installation date. b)Access to facilities and employees.Vernon shall provide Advanced access to Vernon's equipment and employees and shall cooperate with Advanced as reasonably necessary for Advanced to perform its project management, installation,configuration,training,support and other obligations under this Agreement. Vernon shall devote the necessary equipment, facilities,personnel and other resources reasonably necessary to(a)upgrade CIS Infinity to Version 4,(b)be trained in the use of CIS Infinity—Version 4 and(c)begin using the CIS Infinity—Version 4 on a timely basis as contemplated by this Agreement. c)Vernon will provide competent staff during the upgrade project as identified below: ■ Project Manager. — -— �- _........._ _ -- ............................................-...... ... ....._............... . City of Vernon 04/08/2015 10 Section 1—Project Overview ■ Core Test Team(Vernon staff)—for testing accuracy of the upgrade. ■ Accountant(general ledger)—for testing accuracy of G/L figures. ■ Programmer/Analyst—for specifications related to conversion and configuration. ■ Database Administrator--for ongoing database management. ■ Network Administrator—for network and operating system management. Primary tasks for Vernon identified in this section are listed below: • Manage installation and operation of hardware and network. ■ Test software configuration and verify results in writing. ■ Identify and report data and/or system anomalies to Advanced incorporating screen prints and other documentation that might help to identify and correct root causes. ■ Validate and test data and verify results in writing. ■ Test all system processes before live operation and verify results in writing. ■ Provide ongoing system and database administration. ■ Assume management and updating of the production account database. d) Training Facility. Vernon shall provide a suitable training environment for training classes held at Vernon's(if applicable) location including a computer for each user, network access. e) Internet access. Vernon agrees to maintain,for the duration of this Agreement and any renewal hereof,an Internet connection consistent with the Advanced Remote Access policy which will allow unassisted access to Vernon's server system to facilitate updates and remote support. F1 Obtain third party training. Vernon shall ensure that its system and database administration staff is sufficiently trained on database management.Training for the database is arranged separately by Vernon with the respective database vendor. Escalation Process: Several processes may trigger the escalation process,including issue tracking,contract management, and risk management.This process assumes that prior attempts have been made to resolve the item and the appropriate parties cannot reach a resolution. When an item is escalated,the appropriate participants are notified via formal communication(email,fax,or registered mail),which includes a summary of the concern/issue and the analysis of each party's position. The participants must be provided with sufficient time,to review the analysis and concerns prior to scheduling any resolution meetings. The levels of escalation and the participants in each level include: ---------—.....—. - _ T _........ City of Vernon 04/08/2015 11 Section 1-Project Overview 1. Engagement Resource(Technical Specialist,Migration Specialist,Application Consultant) 2. Engagement Manager(Project Manager) 3. Engagement Sponsor(VP of Operations) Weekend Hourly Rates Specified blended hourly rate pertains only to work performed during Advanced's regular business hours. If desired by Vernon,Advanced may execute a portion of this SOW during extended, weekend or holiday hours at a premium hourly rate of$520. City of Vernon 04/08/2015 12 Section 2-Project Hours&Payment Milestones Section 2 — Project Hours & Payment Milestones Units Total Professional Services Conversion&Data Integrity 75 hours Installation/Configuration and Technical Support 465 hours Training(via WebEx+ 1 week onsite) 80 hours DBA 40 hours Project Management 120 hours Specialized Reports and AIM Interface 250 hours Onsite Pre-Live Support 40 hours Onsite Post-Live BPR 40 hours Summary of Services Total 1,110 $122,750 hours *This is a fixed-price professional services contract. Vernon agrees to pay Advanced total fees not to exceed$122,750 for the provision of CIS Infinity-Version 4 in accordance with the Scope of Work. **This pricing expires August 30, 2015. ***Training-First week onsite and second week to be conducted via WebEx ****Pre-Live Onsite Support-hours are included in Total Fees.Travel costs are not included in not-to-exceed price. Vernon acknowledges the outlined costs do not include travel-related expenses that will be incurred by Advanced staff. City will reimburse Advanced only for the _........._.._._............--__......... ........__...........- --- — -The City of Vernon 04/08/2015 14 Section 2—Project Hours&Payment Milestones following travel-related costs: ground transportation(in the amount set forth by the Internal Revenue Service standard mileage rate),airfare,hotel accommodations,car rental,parking,taxis, a per diem rate of$70.00 for weekdays and$125.00 for weekends and federal holidays to cover all meals,telecommunication expenses and other incidental business-related expenses(no receipts to be provided)—all as appropriate and subject to approval by Vernon in writing and in advance of incurrence by Advanced staff, where practicable.Failure to obtain written approval by Vernon in advance of incurrence of expenses,where practicable,is grounds for Vernon to deny reimbursement in whole or in part. *****Post-Live BPR—hours included.Travel costs not included in-not-to exceed price.Vernon acknowledges the outlined costs do not include any expenses(travel,accommodations,etc.)that will be incurred by Advanced staff. City will reimburse Advanced for travel-related costs as described above. The City of Vernon 04/08/2015 15 Section 2—Project Hours&Payment Milestones Payment Milestone Payment Amount Deliverable 1 Contract Signing $30,687.50 Executed Statement of Work 25 Percent of Contract submitted to Advanced Utility Systems Finalized Project Plan 2 Initial V4 Upgrade/Conversion $12,275,00 Vernon to provide Installation of the software on a copy of up-to- date Version 2 Vernon's server. data to be upsized 10 Percent of Contract for the System Readiness process of CIS Infinity V4 Advanced to provide notification that the Version 4 upsize of CIS Infinity has been completed and ready for testing 3 Second V4 Upgrade/Conversion $12,275.00 Vernon to provide 10 Percent of Contract a copy of up-to- date Version 3 data to be upsizeii for the System Readiness process of CIS Infinity V4 Advanced to provide notification that the Version 4 upsize of CIS Infinity has been The City of Vernon 04/08/20, 1 n Section 2 Project Hours&Payment Milestones completed and ready for testing 4 Completion of Training $12,275.00 Advanced to provide 10 Percent of Contract notification that Training to Vernon for Version 4 has been completed. Vernon to providt, written approval of the completion of V4 Training, 5 Initial Release of Specialized Reports $18,412.50 Advanced to and AIM Interface provide notification to 15 Percent of Contract Vernon that the Specialized Reports and AIM Interface have been completed ia Version 4 and are ready for testing. Vernon to provide written approval of the V4 Specialized Reports and AIM Interface for testing. 6 Final Acceptance of Specialized $18,412.50 Advanced to Reports and AIM Interface provide notification to 15 Percent of Contract Vernon that the Specialized Reports and AIM Interface have been completed in The City of Vernon 04/08/2015 11 Section 2—Project Hours&Payment Milestones ................._..................._..........._.........._._......_........-....--------...................---- --- Version 4. Vernon to provide written approval of the V4 Specialized Reports and AIM Interface acceptance. i Billing Parallel $12,275.00 Start of Billing Parallel 10 Percent of Contract V3 data to be upsized for start of Billing Parallel process Advanced to provide notification that the Version 4 upsize of CIS Infinity has been completed and ready for testing 8 Go-Live $6,137.50 Advanced to provide 5 Percent of Contract notification to Vernon of the completed CIS Infinity Version 4 Production System as Live. The City or Vernon 04/08/2015 18 Section 3—Hardware Requirements Section 3 - Hardware Recommendations Recommended Specifications Up to SOK Accounts Database Server: Up to SOK Accounts Processor 2-4 CPU/Cores @ 2-3 GHz RAM 8GB Disk Space CIS Infinity(monthly Initial Size For Constant Tables billing based on 3 (BIF001/BIF002/BIF003) services) 777MB/mont 144MB h Infinity.Mobile Dispatch Initial Size Service Orders (based on 1000 per Day) 2GB 30MB/month Infinity.Mobile Client Initial Size Service Orders(based on 1000 per Day) 1.SGB 3MB/month Application Server: Up to SOK Accounts Processor 2 CPU/Cores @ 2-3 GHz RAM 4GB Disk Space CIS Infinity Folders Standard Letters Attachments (Folders may vary based Folders (average (average file size) on use, retention period file size) and types of files 1-3GB 30- 100KB 171KB attached) Web Service 2SMB Infinity.Mobile Web 40MB Service The City of Vernon 04/09/2015 19 Section 3—Hardware Requirements Public Web Server(for Infinity.1-ink, Infinity.Mobile and Payment web pages): Up to 50K Accounts Processor 2 CPU/Cores @ 2-3 GHz RAM 8GB Disk Space (Total Size: 755MB) Infinity.Link Website 250MB Payment Website 5MB Infinity.Mobile Dispatch 250MB Website Infinity.Mobile Client Website 250MB The City of Vernon 04/08/2015 20 Section 4—Version 4 Upgrade Plan Section 4 — Version 4 Upgrade Plan Project Life Cycle — Overview There are four major stages of a CIS Infinity Version 4 Upgrade: Project Start-up,System Readiness,Billing Parallel and Transition to Live.Within each project phase are milestones that need to be achieved in order to move to the next project stage.Each phase also includes associated training. Project Start-up During this first phase of migration,the project teams at Advanced and Vernon are assembled.The Advanced team allocates resources and project schedules and plans are solidified. Project Plan Vernon and the Advanced Project Managers will discuss the project plan and internal project dates affecting project milestones(for example,third party delivery dates).Vernon will manage the timeline of any third party vendors,which may affect project milestone dates and provides these dates to Advanced prior to base lining the project schedule. Any significant changes to the project timeline are to be communicated to and reviewed by Project Sponsors at Vernon and at Advanced. Significant changes affecting the overall scope of the project may necessitate the use of the Amended Statement of Work process. Amended Statement of Work Process Once the project baseline scope has been documented and agreed to by Vernon and Advanced,any changes to the project which impact project schedules,costs,resources and risk must go through a clearly defined Statement of Work(amended)process. A change must be identified and documented by the Project Managers and the schedule and costs impact assessed and documented. If there is no impact on the project schedule or costs then the change will be implemented in writing by the Project Managers. If the change impacts on the schedule or costs,then the Statement of Work process must be undertaken. Any change to project costs requires an amendment to the professional services agreement. Change Identified and Documented: A Change is usually initiated via an amended Statement of Work. When a request is deemed to be a change,the Project Manager enters this change process. i Change Owner Assigned:Through project meeting discussions, a single Change Owner is identified(normally a Project Manager). This person speaks to the change,ensures it is analyzed by the appropriate team members and works through any approval processes to determine final disposition. The City of Vernon 04/08/2015 21 Section 4—Version 4 Upgrade Plan Change Logged: Service Wise will be used to control/log changes. The Project Manager logs a new incident into the database where the change is given a control number. Included in this document is a copy of the Change form showing the information collected. Change Communicated to Impacted Team Members:The Project Manager will ensure that each new Change is communicated(electronically where possible)to all impacted team members. The Change Owner will determine who these people are. Change Impact Assessed and Documented: Each Project Manager is responsible for analysis of any change that may impact their project deliverables, Impact is documented in the Change database. Project Schedule Impacted: If the change impacts the Project Schedule,the Change must receive Vernon's approval. Project Costs Impacted: If the Change impacts project costs, the change must receive Vernon approval through a formal amendment to the Agreement. No Cost/Schedule Impact: If the change does not result in any revisions to either costs or schedules,the change will be implemented as per the next step. Even if the change has no effect on costs or schedules,the change must receive Vernon approval. However,no formal amendment to the Agreement shall be required. Schedule and Implement Change: If all necessary approvals are received(or none were required),the change is scheduled and implemented. If the project schedule is impacted, a new revised project schedule is created. Change Deferred/Cancelled: If the change is not approved,the reasons are to be documented and it will be cancelled or deferred until after the project is completed. Regular Status Update:Project Managers must be provided with any new information related to Change Status so that the database is kept current and the Change Summary form reflects current information. Project Managers will create a Change Summary report on request only. Regular Status Review:Review of the ongoing status of changes is a mandatory item on each project management meeting agenda. Integrity Check Utility Prior to the CIS Infinity—Version 4 upgrade conversion,the Integrity Check Utility will be run by Advanced within the Version 3 environment.The Integrity Check Utility will report on data integrity issues within the Version 3 database, which,if not resolved, will prevent the successful upgrading of the Version 3 database to the Version 4 database.This tool can be run at any time by Advanced,even prior to beginning the CIS Infinity-Version 4 upgrade project. The City of Vernon 04/08/2015 22 Section 4—Version 4 Upgrade Plan The Integrity Check Utility will find and report on data integrity issues, such as missing links(orphaned records),code look-ups and unpopulated required fields. Documentation is provided on the Integrity Check Utility in order that Advanced is able to successfully run and analyze the results. Advanced staff will assist in the analysis of issues reported by the Integrity Check Utility,and in preparing SQL scripts to resolve data issues. Initial Version 4 Upgrade Conversion The initial Version 4 Upgrade Conversion will average one to three days.The length of time necessary for conversion is dependent on several key factors including the size of the current database and whether detailed pre-CIS live financial data is being converted. The Advanced technical team will upgrade the database and software. The initial conversion may not be able to upgrade all client security settings,saved filters/queries/report criteria and billing formulas,depending on the complexity of the individual item. Once the initial conversion has been completed,the Advanced team will install the system on Vernon's servers. Advanced will supply a data validation report confirming both Version 3 and Version 4 systems are in balance. Installation An Advanced technical specialist will conduct the installation of the software and data with the assumption that all hardware requirements have been met by Vernon prior to installation. The initial installation of CIS Infinity generally takes place remotely unless otherwise specified. The CIS Infinity Version 4 software and the converted database are loaded onto the server. The Advanced technical team requires administrative access to Vernon's server during Installation and Vernon's technical staff will work closely with Advanced during this time. Version 4 Overview Training will be conducted for the users following initial installation to ensure that they can access the system and navigate through CIS Infinity Version 4 for testing purposes. To ensure an efficient and effective parallel process,Advanced recommends setting up a separate area for testing and training. Version 4 Overview Training Version 4 Overview training of the core team will take place immediately following the installation of CIS Infinity—Version 4.This training is designed to provide users with an overview of changes to the CIS Infinity user interface. Following this training,the core team users will start the testing phase. The City of Vernon 04/08/2015 23 Section 4—Version 4 Upgrade Plan Conversion Testing During the Conversion Testing phase,Vernon's team will undertake testing of the Version 4 Upgrade conversion.Vernon's project manager will coordinate the completion of the Version 4 Upgrade conversion and submit any issues identified through Service Wise.This testing will provide the Advanced team with information relating to upgrade conversion anomalies to be corrected.Re-testing of identified conversion issues will be necessary. During Conversion Testing,the Advanced team will access Vernon's servers in order to upload data corrections,with the assistance of Vernon's technical staff.The users will re-test anomalies based on initial test results and established base line accounts. System Functional Testing Following training,Vernon's core test team will perform identified processes on both Version 3 and Version 4 test systems and monitor results for variances.This comparison testing between the systems ensures that CIS Infinity-Version 4 is performing properly and calculating correctly. Integration Testing Advanced will work with Vernon to test all internal(Add-ons) and external interfaces to ensure all of Vernon's interfaces are and will be seamlessly working with CIS Version 4. User Acceptance Testing Advanced will work with Vernon to complete a trial balance. After the Version 4 data environment has been created,Vernon will generate Trial Balance reports from CIS Infinity —Version 2 and compare the results to Trial Balance reports generated from CIS Infinity— Version 4. All parties are to reach consensus on the results prior to Vernon's approval of the trial balance. Specialized Reports and AIM Interface Following list of Reports and/or AIM Export created in V4: 1. Top Water Customers by Range 2. Electric Consumption Summary by Range 3. Electric Consumption Summary by Month 4. Electric Rate GS-2 Breakdown by Range 5. Electric Rates TOU by Range 6. Labels for electric,Water&Gas Customers for All 7. Top Electric Customers Month to Date 8. Top Electric Customers Year to Date The City of Vernon 04/08/2015 24 Section 4—Version 4 Upgrade Plan 9. Top Electric Customers by Range 10.Electric Activity by Rates Month to Date I I.Electric Activity by Rates Year to Date 12.Top Water Customers Month to Date 13.Top Water Customers Year to Date 14.Water Square Footage by Month 15.Gas Report by Range 16.Monthly Summary Report by Range 17.Monthly Summary Report by Month 18.Closed and Open(new)Accounts by Month 19.CIS Data Dump by Month Finance Dept(AIM Export) 20.Electric NACIS Code Report 21.Customer Service Report(Engineering Report) Billing Parallel Process Vernon's team will test every billing cycle during this phase to ensure that every account calculates correctly. Vernon will perform identified processes on CIS Infinity—Version 2 and on CIS Infinity—Version 4 and compare the outcomes.Vernon's Project Manager will track the results of the testing on both systems during the Billing Parallel phase. Final Upgrade Advanced will remotely perform the Version 4 upgrade in preparation for live. Final Conversion — Final Balance During this phase no activity will occur on the CIS Infinity—Version 2 environment in order to enable a final balance to be obtained. Final data extraction will be delivered to Advanced in an expedient manner.The CIS Infinity—Version 2 environment be read only after this point,and no new data is to be entered into it. Vernon will run Month End/Year end reports from CIS Infinity—Version 2 environment and produce balance reports and hold these reports to be used on the Transition Day. The City of Vernon 04/08/2015 25 Section 4--Version 4 Upgrade Plan Cut over to Live At least one complete day is required to transition.During this day,inquiry only functionality will be available in Version 2.Once Version 4 is ready for production use,it will be released to the client. During the transition,the payment link on Infinity.Link will be disabled until the production V4 instance is released. Once V4 is in production,Advanced will re-enable the payment link for Infinity.Link. I Vernon will be required to approve the final balance. CIS Infinity Live Advanced will assist Vernon throughout the upgrade period to identify and respond to any needs and concerns.A meeting will be arranged between Vernon's Project Manager and the Advanced Project Manager two weeks post live to discuss any remaining issues and scheduling. The City of Vernon 04/08/2015 26 i I Section 7—Training Section 5 - Acceptance Testing Description Acceptance testing is a key to the successful outcome of the CIS Infinity-Version 4 upgrade.Testing occurs throughout the upgrade process to ensure that all anomalies are identified and addressed,and that all software issues are resolved prior to the Go Live. The primary responsibility of Vernon is to test the CIS Infinity product, in terms of its functionality operating as designed, without errors,and in a manner that meets the needs of the users. Baseline Accounts Vernon will select a group of baseline accounts prior to the completion of the first upgrade conversion. Baseline accounts provide Vernon's staff with a point of reference when completing testing. The baseline accounts will represent a cross-section of account types and accounts handled differently than"normal"accounts.For example, a sample of an account for each rate code,an account with automatic withdrawal, accounts with multiple meters, and account with compound meters. Vernon will use these baseline accounts to test each data conversion. Data Comparison Tool Vernon will utilize the Data Comparison Tool created by Advanced to compare the results of key business processes in CIS Infinity—Version 4 with the results in CIS Infinity—Version 3. i I The Data Comparison Tool will compare the data outputs of key process,including: i Billing Cash Adjustments(any cash batch generated by CIS) Notices The City of Vernon 04/08/2015 27 Section 7—Training Section 6 — Project Migration Plan The Project Plan for Vernon identifies the activities and resources required for the successful upgrade of CIS Infinity, Advanced and Vernon will finalize the project plan within the timeframe agreed upon in this Scope of Work, The Project Plan includes key phases, activities,tasks,milestones and deliverables. All work undertaken throughout the course of the CIS Infinity Version 4 Upgrade,is assumed to take place during the regular work week(Monday to Friday)and regular business hours.When a request is made for work to be completed outside of the regular work week,over a holiday or after business hours, a change order will be issued to request resources and an hourly rate of$525/hour will be used to calculate a quote for the required hours. Work Back Plans The Project Plan above identifies the activities and general milestones associated with an upgrade of CIS Infinity. Advanced utilizes work back plans in addition to the timeline above in order to highlight specific roles and responsibilities of each milestone, A sample work back plan is provided below. Once the project begins,the project managers from both organizations will work together to identify the roles and responsibilities and specific timeframe for each milestone, Sample Version 4 Upgrade Work Back Plan Description of Activity Individual(s)Assignee I Data Extraction(for the initial upgrade only) Project Manager(s) Data extracted from the current database and uploaded to the Vernon Technical Team Advanced FTP site. Advanced Technical Record Count Document to be completed and returned with data Team Upgrade Conversion Advanced Technical Team Preparation of Version 4 environment Client Site Upgrade Advanced DBA Client Site upgrade completed The City of Vernon 04/08/20 1-) ,S Section Tra�n;ng V ersien 4 vervie w ge Sec A hd ton 7,Traininb' KeY Co _..._ nceprs s Menu Functionality Presentation vs Edit IVew Graphics Modes Main lnwary Tab Options Information Band O Editing In for ptions nation Q4erying�searchin Main Inquiry nquiry Search Query En give Billing Shared Billing Cas/l/4d't'stIbents Transaction Reportso cessing • Upgrade to Crystal Re SecUriry pozjs 20 11 .• Security Model • security Control and pass • Groups wo�c1 Options `4pplying Security The city of Vernon 0410812015 29 Section 7—Training Customizing Options • Grid Settings • Layout Customization Scheduler • Scheduler as a Service Overview The primary responsibility of Advanced is to train users on CIS Infinity—Version 4, using the functionality as it is designed to operate.The primary responsibility of Vernon is to ensure via testing,that CIS Infinity--Version 4 is operating in a way that meets its organizational requirements, The skill level of Vernon's users and the way staffing resources are allocated are the primary factors which will be taken into consideration when a final training plan is determined. Classroom Training Training will be performed based on the training plan that is prepared by the project managers from both teams to ensure that the needs of the users are met at the City. Training assumes a maximum of eight(8)users for all other classroom sessions unless otherwise mutually agreed. On the Job Learning The Training Plan may also include On the Job Learning.Advanced has found On the Job Learning to be highly effective in supplementing regular classroom training.On the Job Learning meets the learning needs of users who perform more technical or complex tasks, and/or users with unique learning needs. For example,On the Job Learning is quite often the best solution for users who upload and download meter reading files,process electronic bank files,and integrate the use of cash processing equipment. On the Job Learning is a supplement to classroom training,and is ideally delivered one-to- one or in small groups of 2 or 3.It is conducted with the end user actually performing the tasks on CIS Infinity at their workstation with the trainer's guidance, Web Training Training will be performed based on the training plan that is prepared by the project managers from both teams to ensure that the needs of the users are met. Training will be conducted via the web unless otherwise mutually agreed. The City of Vernon 04/08/2015 30 Section 7—Training Conclusion The Training Plan outlines the training modules designed to serve the users, Changes to the Training Plan will only be made following consultation between the Advanced Project Manager and Vernon's Project Manager. The City of Vernon 04/08/2015 31 Attachment 2 Terms and Conditions of Standard City Purchase Order/Contract TERMS AND CONDITIONS OF PURCHASE ORDER/CONTRACT-CITY OF VERNON This is a government contract. The terms are not changed by any words added by Contractor, nor superseded because of any form used by Contractor in the course of business. Any change in terms must be agreed to by an authorized representative of the City, in writing. Acceptance by the City of goods,materials or services is not an acceptance of Contractor's other terms. 1. Contractor agrees to furnish the materials or services described in the Purchase Order/Contract to which this is attached and subject to all terms and conditions of the Purchase Order/Contract, this Attachment to the Purchase Order/Contract and all other attachments hereto. 2. Contractor agrees to submit all invoices in duplicate to the address indicated on the Purchase Order/Contract. 3. Contractor agrees to invoice at net prices without federal excise tax or federal fuel tax. 4. Contractor agrees to show on all invoices the name of the department to which goods or services were furnished,and whether the invoice covers complete or partial delivery or performance, the Purchase Order/Contract number and any applicable cash discount. 5. Contractor agrees to prepay transportation charges and show them separately on all invoices. 6. Contractor agrees to show applicable sales or use tax as separate items on all invoices. 7. Title to all materials furnished under the Purchase Order/Contract shall pass to the City upon delivery and loading of merchandise at the F.O.B.point designated in the Purchase Order/Contract, 8. Any item ordered on the face hereof that is listed in the Safety Orders of the California Division of Industrial Safety shall fully comply with the latest revised requirements of said Safety Orders. 9. All goods, materials and equipment ordered shall, except as otherwise noted in this contract, be delivered in a new and unused condition. 10. All automotive equipment delivered to the City shall meet all requirements of the latest revision of the California Vehicle Code and of the Federal Department of Transportation. 11, The Contractor shall transfer to the City the manufacturer's warranty or guarantee for each item furnished under this contract. Where applicable, the City shall be named as owner-beneficiary in any such warranty or guarantee. The Contractor shall ensure that each warranty or guarantee is in full force and effect from the date the City commences operation and use of the item. All such manufacturers'warranties or guarantees shall be in addition to the Contractor's warranty under this contract. In addition the Contractor shall warrant that all items provided under this contract are free from defects in materials and workmanship. The City will notify Contractor of any patent defect. Such notice will be given in writing, if possible, or by the means most practical under the circumstances. If the Contractor fails to correct the defect or other non-conformity within 10 days after receiving such notice, or more timely in case of emergency demanding immediate action, then the City may make the necessary replacements or repairs and charge the Contractor the total cost of all labor, materials, equipment and administration. The City may withhold from Contractor an amount for these costs; if the amount withheld is not sufficient, the City may recover any balance from the Contractor. 12. Prior to the issuance of the Purchase Order/Contract,Contractor may be required to provide to City evidence of insurance. Failure to maintain the required amounts and types of coverage throughout the duration of services supplied shall constitute a material breach of this contract and shall entitle the City to terminate this contract. 13. 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 are claimed to result from or to arise out of the usage or operation, including the malfunctioning of, or, any injury caused by, any product purchased herein; or any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this contract. This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and 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, Contractor and its employees or agents, and members of the general public). 14. Contractor shall not perform work on City owned property,and shall not commence work or cause materials to be delivered to the job site,until so authorized in writing by the Head of the Department(or designee)for whom the work was ordered. 15. Contractor certifies and represents that, during the performance of this contract, 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, religion, color, national origin, ancestry, disability, sex, age, medical condition or marital status. Contractor further agrees that it will not maintain any segregated facilities. 16. Contractor shall obtain a City Business License under the terms and conditions of Vernon City Code, Sections 5.20, and following,where required. January 2013 17. Contractor hereby represents, warrants and certifies that no officer or employee of the Contractor is a director,officer or employee of the City of Vernon,or a member of any boards,commission or committees,except to the extent permitted by law, 18. 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 the amounts to which Contractor is properly entitled to 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 the termination of the contract. The Vendor 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. 19. It is understood that in the performance of any services herein provided, for Contractor shall be, and is, and 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. Contractor acknowledges that Contractor 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 of Workers' Compensation insurance benefits. 20, In case of conflict between the terms of this contract and the terms of any other document which is a part of this transaction, the terms of this Purchase Order/Contract shall strictly prevail. 21. Contractor shall not assign or transfer this contract or any rights hereunder with out the prior written consent of the City which may be withheld in the City's sole discretion. Any unauthorized assignment of transfer shall be null and void and shall constitute a material breach of Contractor of its obligations under this contract. I 22. Time is strictly of the essence of this contract and each and every covenant,term and provision hereof. 23, 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 of breach,not of a subsequent breach of the one waived. 24. The provisions of Vernon's Living Wage Ordinance,Vernon City Code,Sections 2.131,and following, requires that contractors providing labor or services to the City pay employees in accordance with the Ordinance. The provisions of California Labor Code Sections 1770, and following, regarding the payment of prevailing wages on public works, and related regulations, apply to all City Contracts. If Living Wage provisions and Prevailing Wage provisions should both apply,then contractor shall pay the higher of the applicable wages to the extent required by law. 25. The City reserves the right to cancel any portion of this Purchase Order/Contract at any time prior to the delivery of Goods and Services. 26. This Purchase Order/Contract shall be governed and construed according to the laws of the State of California. 27. This Purchase Order/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). 28. Additional terms(All additional terms and conditions must be approved as to form by the City Attorney in writing). January 2013 RECEIVED AUG 3 1 2015 RECEIo/E� � LVfLT NUJ sEP ° s 2°'S STAFF REP RT CITY ADMINISTRATION O lW C1WC8U&W& ENVIRONMENTAL CONTROL DEPARTMENT DATE: September 15, 2015 TO: Honorable Mayor and City Council FROM: Leonard Grossberg, Director of Health Department RE: Approval of an Operations & Maintenance Agreement between the City of Vernon and the California Department of Toxic Substances Control for the former Thermador Industrial Site, 5119-5309 District Blvd., Vernon, CA Recommendation A. Find that approval of the Operations & Maintenance 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; B. Authorize the City Administrator or his designated representative, to enter into an Operations & Maintenance (O & M) Agreement between the City of Vernon and the California Department of Toxic Substances Control (DTSC), in substantially the same form as submitted herewith; Background The City purchased the former Thermador Industrial site years ago, and initiated remediation activities in order to prepare the site for redevelopment. A site assessment revealed that some metals contamination in the soils would need to be removed, soil vapor gases also in the soils would need to be remediated, and the ground water monitored for possible contamination issues. On August 8, 2013 the Vernon City Council approved a Voluntary Cleanup Agreement (VCA) with the Department of Toxic Substances Control (DTSC) for the Thermador site at 5119-5309 District Blvd. As a result, the City initiated numerous activities to remove, treat on-site, and remediate all of the chemicals of concern at the direction of DTSC as per the VCA. All of the Page 1 of 2 activities were completed and the site, with some restricted conditions from DTSC, can be redeveloped for industrial use. (A portion of the site was previously approved by DTSC for residential use and is where the Vernon Village Apartments were built.) A Land Use Covenant was filed the end of March prior to closing of escrow and the re- sale of the property to Pacific Industrial. The remaining obligations by the City of Vernon required that we abide by an approved Operations & Maintenance Plan; provide air sampling of air vents; inspection, maintenance, and replacement of vents. These actions will be required annually. DTSC requires that the site be monitored and maintained for a 30 year period. It is anticipated that if favorable results are obtained in the first 5 years, that we would be able to request a modification of the 30-year plan and cease the annual sampling and 5- year reports (and a substantial savings to the City). To meet these obligations, the City is required to enter into an Operations & Maintenance Agreement with the California Department of Toxic Substances Control. The City Attorney has reviewed the O & M Agreement, and has approved it as-to-form. Fiscal Impact Attached is the DTSC Cost Estimate Summary for the 30 year period, along with the Cost Detail Reports (attachment 1) for each function. It is estimated that the cost for the entire 30 year project to be $368,660.02. The breakdown for the first 5 years, when we hope to request the final closure and cease further activities is estimated to be $85,244.98. In May 2015, the City Council approved additional funding for one year in the amount of $27,861.93 for this project. Approval of the O & M Agreement (attachment 2) with DTSC will not incur any additional expenses to the current budget. Attachment(s) 1. Cost Detail Summary with Cost Detail Reports (4) 2. Operations & Maintenance Agreement 9cLG:K/Leonard/Health Dept/staff reports/0&M Agreement 2015.doc Page 2 of 2 AT T AcNMENT 1 o :� mJ -_ = 7 + » n | ! # - ; ! § ; \ ¥ + ; 7 ' m ; M, Z Zco . § E 3 \ / } E } {) / - 7 ¥ :E & ( ( \ - \} \ � ) � ® ■ � ; » / � / E - I « ] ( 2 k � & § _ / � ƒ f/ { CL \ j ] ) 22 \ x 0 4 - % »Ch r § , o - / rl g ( E3 , fb \ \ k ( C @ & ` En ! 3 ) f q [) § . . / \ \ \ \ \ � � o . } {\ 3 FL _ / � ® / U) 'U p < i DO @CD (a U) cn Al N CD 77 O to N W N N N N N N N N 3• (D O CO m V O cn A W N O CO 00 J W (n A W N O CO w J m 1-17 A W N -� CD CD t CD > N 0 a fA U1 fA in EA fA fA w<fl w fA 1-0 fA(A fA fA fA fA t!9 fA fA fA fA w ffl fA w fA fA fA fA N �. 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C � m \ 0 S q � w 0 m o ( ( m ■ M. w u w M. / \ 2 2 m m / / 9 \ ƒ § G $ O 0 / ° k (D k / \ (c) \ E 2 ) / 7 %. ] m s \ \ % 0 a 0') e \ � ■ E $ $ ƒ k & c o � - \ � k 0 C) / / k / E CAm m CD CY E � CD \ \ \ n CD 2 0 / d 3 % k k / � _ .• .. n 0 k E0 g @ g n% R E R k k V) g 9 g o rr E E E ■ E p 7 4 2 7 $ # 2 k / I E 3 � � CL e @ w 0 COI % k / O § n 0 CD CD % C ■ ATTACHMENT 2 - STATE OF CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY DEPARTMENT OF TOXIC SUBSTANCES CONTROL In the Matter of: Docket No. HSA VCA 13/14 - 021 Former Thermador Industrial Site Voluntary Cleanup Agreement 5119-5309 District Boulevard Vernon, California 90058 Health and Safety Code Section 25355.5(a)(1)(C) Proponent: City of Vernon 4305 South Santa Fe Avenue Vernon, California 90058 Attn: Mark Whitworth The California Environmental Protection Agency, Department of Toxic Substances Control (DTSC) enters into this Voluntary Cleanup Agreement (Agreement) with the City of Vernon (Proponent) and agree as follows: 1. Site. This Agreement applies to the property located at 5119-5309 District Boulevard, Vernon, in Los Angeles County, California 90058 (Site), identified by Los Angeles County Assessor's Parcel Numbers 6314-003-900/6314-002-900, and any off- site area to which hazardous substances have or may have migrated from the Site. The Site is approximately 7.12 acres and is in a commercial/industrial area. A Site diagram and a Site location map are attached as Exhibits A and B. 2. Jurisdiction. This Agreement is entered into by DTSC and Proponent pursuant to Health and Safety Code section 25355.5(a)(1)(C) which authorizes DTSC to enter into an enforceable agreement to oversee the investigation and/or remediation of a release or threatened release of any hazardous substance at or from the Site. 3. Purpose. The purpose of this Agreement is for DTSC to review and comment on soil gas sampling reports in addition to a Removal Action Completion report for the Site. If appropriate, DTSC will issue a "No Further Action" letter for the Site. The purpose of this Agreement is also for DTSC to obtain reimbursement from Proponent for DTSC's oversight costs incurred pursuant to this Agreement. 4. Ownership. The Site is owned by the City of Vernon. 5. Substances Found at the Site. Based on the information available to DTSC and Proponent, the Site was contaminated with hazardous substances, including perchloroethylene (PCE) and trichloroethylene (TCE). A soil vapor extraction system (SVE) has been operating over the past several months at the Site and was recently 1 shut off to determine if cleanup goals have been achieved. 6. Scope of Work and DTSC Oversight. DTSC shall review and provide Proponent with written comments on all Proponent's deliverables as described in Exhibit C (Scope of Work) and other documents applicable to the scope of the project. DTSC shall provide oversight of field activities, including sampling activities, as appropriate. Proponent agrees to perform all the work required by this Agreement. Proponent shall perform the work in accordance with applicable local, state and federal statutes, regulations, ordinances, rules and guidance documents, in particular, Health and Safety Code section 25300 et seq., as amended. 7. Additional Activities. DTSC and Proponent may amend this Agreement to include, additional activities in accordance with Paragraph 17 of this Agreement. If DTSC expects to incur additional oversight costs for these additional activities, it will provide an estimate of the additional oversight costs to Proponent. 8. Endangerment Durinq Implementation. 8.1. Proponent shall notify DTSC's Project Manager immediately upon learning of any condition that may pose an immediate threat to public health or safety or the environment. Within seven days of the onset of such a condition, Proponent shall furnish a report to DISC, signed by Proponent's Project Manager, setting forth the conditions and events that occurred and the measures taken in response thereto. 8.2. In the event DTSC determines that any activity (whether or not pursued in compliance with this Agreement) may pose an imminent or substantial endangerment to the health or safety of people on the Site or in the surrounding area or to the environment, DTSC may order Proponent to conduct additional activities in accordance with Paragraph 7 of this Agreement or to stop further implementation of this Agreement for such period of time as may be needed to abate the endangerment. DTSC may request that Proponent implement interim measures to address any immediate threat or imminent or substantial endangerment. 9. Access. Proponent shall provide, and/or obtain access to the Site and take all reasonable efforts to obtain access to offsite areas to which access is necessary to implement the Agreement. Such access shall be provided to DTSC's employees, contractors, and consultants at all reasonable times. Nothing in this paragraph is intended or shall be construed to limit in any way the right of entry or inspection that DTSC or any other agency may otherwise have by operation of law. 10. Sampling, Data and Document Availability. When requested by DTSC, Proponent shall make available for DTSC's inspection, and shall provide copies of, all data and information concerning contamination at or from the Site, including technical records and contractual documents, sampling and monitoring information and photographs and maps, whether or not such data and information was developed pursuant to this Agreement. Proponent is not required to make available information 2 that is privileged or otherwise protected from disclosure. For all final reports, Proponent shall submit one hard (paper) copy and one electronic copy with all applicable signatures and certification stamps as a text-readable Portable Document Formatted (pdf) file Adobe Acrobat or Microsoft Word formatted file. 11. Record Preservation. Proponent shall retain, during the implementation of this Agreement and for a minimum of six years after its termination, all data, reports, and other documents that relate to the performance of this Agreement. If DTSC requests that some or all of these documents be preserved for a longer period of time, Proponent shall either comply with the request, deliver the documents to DTSC, or permit DTSC to copy the documents at Proponent's expense prior to destruction. 12. Notification of Field Activities. Proponent shall inform DTSC at least seven days in advance of all field activities pursuant to this Agreement and shall allow DTSC and its authorized representatives to take duplicates of any samples collected by Proponent pursuant to this Agreement. 13. Project Managers. Within 14 days of the effective date of this Agreement, DTSC and Proponent shall each designate a Project Manager and shall notify each other in writing of the Project Manager selected. Each Project Manager shall be responsible for overseeing the implementation of this Agreement and for designating a person to act in his/her absence. All communications between DTSC and Proponent, and all notices, documents and correspondence concerning the activities performed pursuant to this Agreement shall be directed through the Project Managers. Each party may change its Project Manager with at least seven days prior written notice. 14. Proponent's Consultant and Contractor. All work performed pursuant to this Agreement shall be under the direction and supervision of a professional engineer or professional geologist, licensed in California, with expertise in hazardous substances site cleanup. Proponent's Project Manager, contractor or consultant shall have the technical expertise sufficient to fulfill his or her responsibilities. Within 14 days of the effective date of this Agreement, Proponent shall notify DTSC's Project Manager in writing of the name, title, and qualifications of the professional engineer or professional geologist and of any contractors or consultants and their personnel to be used in carrying out the work under this Agreement in conformance with applicable state law, including but not limited to, Business and Professions Code sections 6735 and 7835. 15. DTSC Review and Approval. All work performed pursuant to this Agreement is subject to DTSC's review and approval. If DTSC determines that any report, plan, schedule or other document submitted for approval pursuant to this Agreement fails to comply with this Agreement or fails to protect public health or safety or the environment, DTSC may (a) return comments to Proponent with recommended changes and a date by which the Proponent must submit to DTSC a revised document incorporating or addressing the recommended changes; or (b) modify the document in consultation with Proponent and approve the document as modified. All DTSC approvals and decisions made regarding submittals and notifications will be communicated to Proponent in 3 writing by DTSC's Project Manager or his/her designee. No informal advice, guidance, suggestions or comments by DTSC regarding reports, plans, specifications, schedules or any other writings by the Proponent shall be construed to relieve Proponent of the obligation to obtain such written approvals. 16. Payment. 16.1. Proponent agrees to pay 1) all costs incurred by DTSC in association with preparation of this Agreement, and for oversight activities, including review of documents, conducted prior to the effective date of this Agreement, and (2) all costs incurred by DTSC in providing oversight pursuant to this Agreement, including review of the documents described in Exhibit C and associated documents, and oversight of field activities. Costs incurred include interest on unpaid amounts that are billed and outstanding more than 60 days from the date of the invoice. An estimate of DTSC's oversight costs is attached as Exhibit D. It is understood by the parties that Exhibit D is an estimate and cannot be relied upon as the final cost figure. DTSC may provide an updated or revised cost estimate as the work progresses. DTSC will bill Proponent quarterly. Proponent agrees to make payment within 60 days of receipt of DTSC's billing. Such billings will reflect any amounts that have been advanced to DTSC by Proponent. 16.2. In anticipation of oversight activities to be conducted, Proponent shall make an advance payment of$3,392.00 to DTSC no later than 10 days after this Agreement is fully executed. It is expressly understood and agreed that DTSC's receipt of the entire advance payment as provided in this paragraph is a condition precedent to DTSC's obligation to provide oversight, review of or comment on documents. If the advance payment exceeds DTSC's final costs, DTSC will refund the difference within 120 days after the performance of this Agreement is completed or after this Agreement is terminated pursuant to Paragraph 18 of this Agreement. 16.3. All payments made by Proponent pursuant to this Agreement shall be by check payable to the "Department of Toxic Substances Control", and bearing on its face the project code for the Site (Site # 301629) and the docket number of this Agreement. Upon request by Proponent, DTSC may accept payments made by credit cards. Payments by check shall be sent to: Department of Toxic Substances Control Accounting Office 1001 1 Street, 21 st Floor P.O. Box 806 Sacramento, California 95812-0806 A photocopy of the check shall be sent concurrently to DTSC's Project Manager. 16.4. DTSC shall retain all cost records associated with the work performed under this Agreement as may be required by state law. DTSC will make all documents 4 that support DTSC's cost determination available for inspection upon request in accordance with the Public Records Act, Government Code section 6250 et seq. 17. Amendments, This Agreement may be amended in writing by mutual agreement of DISC and Proponent. Such amendment shall be effective the third business day following the day the last party signing the amendment sends its notification of signing to the other party. The parties may agree to a different effective date. 18. Termination for Convenience. 18.1. Except as otherwise provided in this paragraph, each party to this Agreement reserves the right to unilaterally terminate this Agreement for any reason. Termination may be accomplished by giving a 30-day advance written notice of the election to terminate this Agreement to the other party. In the event that this Agreement is terminated under Paragraph 18.1, Proponent shall be responsible for DTSC costs through the effective date of termination. 18.2. If operation and maintenance activities are required for the final remedy, neither party to this Agreement may terminate the Agreement under Paragraph 18.1 upon DTSC's approval of an Operation and Maintenance Plan as proposed by Proponent. 19. Incorporation of Exhibits, Plans and Reports. All exhibits are incorporated into this Agreement by reference. All plans, schedules and reports that require DTSC's approval and are submitted by Proponent pursuant to this Agreement are incorporated in this Agreement upon DTSC's approval. 20. Reservation of Rights. DTSC. reserves all of its statutory and regulatory powers, authorities, rights, and remedies under applicable laws to protect public health or the environment, including the right to recover its costs incurred therefor. Proponent reserves all of its statutory and regulatory rights, defenses and remedies available to Proponent under applicable laws.. 21. Non-Admission of Liability. By entering into this Agreement, Proponent does not admit to any finding of fact or conclusion of law set forth in this Agreement or any fault or liability under applicable laws. 22. Proponent Liabilities. Nothing in this Agreement shall constitute or be considered a covenant not to sue, release or satisfaction from liability by DTSC for any condition or claim arising as a result of Proponent's past, current, or future operations or ownership of the Site. 23. Government Liabilities. The State of California or DTSC shall not be liable for any injuries or damages to persons or property resulting from acts or omissions by Proponent or by related parties in carrying out activities pursuant to this Agreement, nor 5 shall the State of California or DTSC be held as a party to any contract entered into by Proponent or its agents in carrying out the activities pursuant to this Agreement. 24. Third Party Actions. in the event that Proponent is a party to any suit or claim for damages or contribution relating to the Site to which DTSC is not a party, Proponent shall notify DTSC in writing within 10 days after service of the complaint in the third-party action. Proponent shall pay all costs incurred by DTSC relating to such third-party actions, including but not limited to responding to subpoenas. 25. California Law. This Agreement shall be governed, performed and interpreted under the laws of the State of California. 26. Severability. If any portion of this Agreement is ultimately determined not to be enforceable, that portion will be severed from the Agreement and the severability shall not affect the enforceability of the remaining provisions of the Agreement. 27. Parties Bound. This Agreement applies to and is binding, jointly and severally, upon Proponent and its officers, directors, agents, receivers, trustees, employees, contractors, consultants, successors, and assignees, including but not limited to individuals, partners, and subsidiary and parent corporations, and upon DTSC and any successor agency that may have responsibility for and jurisdiction over the subject matter of this Agreement. 28.. Effective Date. The effective date of this Agreement is the date of signature by DTSC's authorized representative after this Agreement is first signed by Proponent's authorized representative. Except as otherwise specified, "days" means calendar days. 29.. Representative Authority. Each undersigned representative of the party to this Agreement certifies that she or he is fully authorized to enter into the terms and conditions of this Agreement and to execute and legally bind the party to this Agreement. 30. Counterparts. This Agreement may be executed and delivered in any number of counterparts, each of which when executed and delivered shall be deemed to be' an original, but such counterparts shall together constitute one and the same document. 6 �� `-----� Date: 1 Tedd Yargeau, Senior Scientist Brownfields and Environmental Restoration Program Department of Toxic Substances Control - Date: M- rW Whitworth ity of Vernon 7 EXHIBITS A - SITE LOCATION MAP B - SITE DIAGRAM C - SCOPE OF WORK D - COST ESTIMATE E - SCHEDULE I. II 4' +' ' rrAW Z. ' IT- i �, _�. ;"°ate„I�� .••'.'l-� �-.���' _ tIQU '�y�.{�Y���Q,q�4�'g' •J i Yti 4 _ R� '��lt+%T,p�` *•. yyi }. mil' y�p X � 3 I Ow, 1, Ra,da FIX FIN.F'iv.I � � � :1 r� �• � r-"' r �� � � - ." Wyk: 'may Iip¢�y{J31���at- �rWq��-, ~� T•Iup 6L ' E2000nvironmental Location • 5Services Scale In Feet Topographic • MangerPmject Client: s City of - •. Date:Site Location: { , §K) b | LL § w k K 0 | ® ® k ) § ) § § §( § k .| N § # | % � ) ) |§ lu cu - / . � ! d ( ,| ,2 7 § U . k .§ .| \�■ � n ! � 3 §, )� ----- � Im ,| \ 8 I : »ea _U#,- .aa --- - - - -®— — — / � � EXHIBIT C SCOPE OF WORK TASK 1. Soil Gas Sampling and Removal Action Completion Reports DTSC will review and comment on soil gas sampling reports in addition to a Removal Action Completion report for the Site. If appropriate, DTSC will issue a "No Further Action" letter for the Site. 1 »i OLCLLU oao \ — — - \ , �j 7 )k� $ § # f 2 P15 e) i kCD k/ A§ .w\ � m m _ � . ok $2� O �d &®\§fR $ � � » � - � k ca _ I I | ~ k § \ \ § ° $ a G � k 02 � « � a k ! a¥ @ NT A bf �f� A `7# 2 § a ) $® # :) _ ■ 3�u■ . . ,C-6T iR ■ <� 2 $ J_ - ! 1V -�, V"' RECEIVED e SEP 0 9 2015 CITY AQ M I�V I Ail 0�i Staff Report HEALTH & ENVIRONMENTAL CONTROL DEPARTME DATE: September 15, 2015 TO: Honorable Mayor and City Council FROM: Leonard Grossberg, Director 1 Health Officer ✓� RE: Approval of an Amendment No. 1 to the Services Agreement between the City of Vernon and MSW Consultants, Inc., for Solid Waste Consulting Services Recommendation: A. Find that approval of the proposal Services Agreement with MSW Consultants, 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 an effect on the environment; B. Authorize the City Administrator to enter into an Amendment No. 1 to the Services Agreement between the City of Vernon and MSW Consultants, Inc., in substantially the same form as submitted herewith, for an additional one-year period in the amount not to exceed $260,000.00; Background: MSW Consultants has been providing solid waste consulting services to the City since the year 2000. On November 19, 2013, the City Council approved a new Services Agreement with MSW Consultants, Inc., to continue to provide solid waste consulting services, including environmental sustainability tasks, to the City for fiscal years 2013-2015, a 2 year contract. and in keeping with the new reform guidelines, we wish to extend the contract for 1 additional year. MSW submitted a proposal to our `Request For Proposal", for fiscal year 2012-2013 to continue in assisting in the implementation of the City's Environmental Sustainability Program. They went through the required screening and evaluation process, and were awarded the services agreement in October 2013. Considering the excellent work completed by MSW, its staff member's unique qualifications to do this work, and their extensive knowledge of the Vernon business community, I am recommending that the consulting services proposal be extended for one year as provided for*n the original contract_ (The original contract was a two year proposal which was approved in 2013, and had a provision to extend it for one year at the end of the contract.) This year's proposed scope of services and agreement fee amount is the same as last year's ($260,000.001year). MSW Consultants, Inc., has offered to extend the current contract at the same rate as previous years, without any increases in a letter dated July 16, 2015 Request to Extend Agreement". Please note that costs for MSW services are funded by revenue from the Solid Waste Non-Exclusive Franchise Fee Program. The revenue is collected from solid waste haulers and generates approximately $800,000 per year. The new Services Agreement Amendment No. 1 (attachment 1) has been reviewed and approved "as-to-form" by the City Attorney. Attachments: 1. Amendment No 1. To the Services Agreement 9cLG-MyDocs1Z1Hea1th Dept/Consulting Contracts/MSW/Service Agreement No 1 2015 ATTACHMENT 1 AMENDMENT NO. 1 TO THE SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND MSW CONSULTANTS, INC., FOR SOLID WASTE CONSULTING SERVICES This Amendment ("Amendment No. 1")to that certain Agreement for solid waste consulting services dated November 1, 2013, (the "Agreement"), is made as of , 2015, by and between the City of Vernon, a California charter city and municipal corporation (the "City"), and MSW Consultants, Inc. (`Contractor"), a California corporation. WHEREAS,the City and Contractor are parties to a written Agreement, dated November 1, 2013, under which Contractor provides solid waste consulting services ("the Agreement"); and WHEREAS,the City and Contractor desire to amend the Agreement to renew the Agreement effective November 1, 2015,through October 31, 2016, for a total amount not to exceed $260,000.00 for this renewal term. A copy of Contractors communication dated July 16, 2015, is attached hereto as Exhibit A. NOW, THEREFORE, the parties to this Amendment No. 1 agree as follows: 1. The Agreement has been renewed for an additional one (1) year period, and the Termination Date listed on the Cover Page is amended to October 31, 2016. There are no further renewal terms beyond this one final one-year renewal term. 2. Except as expressly modified by this Amendment No. 1, all provisions of the Agreement shall remain in full force and effect. 3. The provisions of this Amendment No. 1 shall constitute the entire agreement of the parties with respect to the subject matter included in this Amendment No. 1 and shall supersede any other agreement, understanding, or arrangement, whether written or oral, between the parties with respect to the subject matter of this Amendment No. 1. 4. The person or persons executing this Amendment No. 1 on behalf of each of the parties warrants and represents that he or she has the authority to execute this Amendment No. 1 on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder. IN WITNESS WHEREOF,the parties have signed this Amendment No. 1 as of the date stated in the introductory clause. [SIGNATURES FOLLOW ON NEXT PAGE] - 1 - CITY OF VERNON a California charter city MSW Consultants, Inc., a California corporation and municipal corporation By: By. Name: Mark Whitworth, City Administrator Title: ATTEST: By: Name: Maria E. Ayala, City Clerk Title: APPROVED AS TO FORM: Brian Byun, Deputy City Attorney - 2 - c►g�`�R 4. 4 r • s i � Y 3IV- 1 G i K '\ 1 ]® t.. ' lti i; 'Ia a Ji �5 s' � a'. I�AN FF RESOURCES DEPARTMENT DATE: September 15,2015 TO: Honorable Mayor and City Council FROM: Teresa McAllister, Director of Human Resources Department RE: Adoption of Updated City of Vernon Personnel Policy and Procedure, Family and Medical Leave Policy V-4 Recommendation A. Find that approval of the proposed personnel policy and procedure 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 Personnel Policy and Procedure, Family and Medical Leave Policy V- 4 (updated) and incorporate into the Personnel Policies and Procedures Manual; and C. Authorize the City Administrator and the Director of Human Resources to execute and distribute the above-referenced policy to all employees. Background The Human Resources Department is responsible for maintaining and managing the City's Personnel Policies and Procedures. Prior to 2013, a comprehensive review of the Personnel Policies and Procedures had not been conducted in over twenty (20) years. In line with the City's good governance reforms, the City commenced and is continuing its comprehensive review of its policies and procedures, including the incorporation of new policies and programs designed to benefit the City, its employees, and surrounding communities. To ensure a more efficient and effective method in maintaining and managing the City's personnel policies and procedures, the City Council on November 20, 2012, approved Resolution Page 1 of 2 No. 2012-231 that incorporates all personnel policies into the Personnel Policies and Procedures Manual. The manual is designed to provide a uniform and consistent system for human resource administration throughout the City. In addition, the manual will provide employees with greater clarity with respect to personnel policies, and promote effective communication among managers, supervisors, and employees. In furtherance of the City's good governance reform efforts, staff has presented the following revised policy for consideration by the City Council and adoption into the Personnel Policies and Procedures Manual: ® Family and Medical Leave Policy V-4 (updated) —The attached policy contains minor updates in compliance with the California Pregnancy Disability Leave Act and the State of California Department of Industrial Relations- Division of Workers' Compensation Temporary Disability Benefits. In accordance with the Meyers Milias-Brown Act, on September 2, 2015, the updated policy was provided to the employee labor organizations to meet and confer on impacts to wages, hours and working conditions. As of September 9, 2015 there were no concerns received regarding the updated policy. Fiscal Impact There no fiscal impact to adopt the Family and Medical Leave Policy V-4. Attachment(s) 1. Family and Medical Leave Policy V-4 Page 2 of 2 City of Vernon, California Human Resources Policies and Procedures Director of Human Resources 4 ��yBYY l��V City Administrator Number: V-4 Effective Date: 911512015 SUBJECT: FAMILY AND MEDICAL LEAVE POLICY PURPOSE: To define the City of Vernon's policy and procedure with regard to family, medical, and pregnancy disability leave in accordance with State and Federal laws including the Family and Medical Leave Act (FMLA), California Family Rights Act (CFRA), and the Pregnancy Disability Leave (PDL) provisions of the California Fair Employment and Housing Act (FEHA).' DEFINITIONS:2 Spouse -A husband or wife, as defined or recognized under state law for purposes of marriage. Domestic Partners —Two adults in a domestic partnership registered with the State of California and pursuant to Family Code section 297. Child - A biological, adopted or foster child, a stepchild, a legal ward (guardianship or conservatorship), or a child of a person standing in loco parentis. A child must be under 18 years of age, or if over 18 incapable of self-care because of a mental or physical disability as defined under law Eligible Employee — An employee who has been employed by the City of Vernon for at least twelve months (consecutive or non-consecutive) and has worked a minimum of 1,250 hours during the 12-month period immediately preceding the effective date of a leave request. Although pregnancy disability is a serious health condition under the FMLA, FEHA separately provides for up to 4 months of unpaid leave for a pregnancy disability(PDL). FEHA pregnancy disability leave (PDL) runs concurrently with FMLA leave. This distinction shall apply if necessary to any determination of leave benefits under this policy. 2Words used in the policy will have the meaning as assigned to them by the FMLA (29 U.S.C. §§ 2601-2654), the CFRA (California Government Code §§ 12945.2 and 19702.3) and FEHA (California Government Code § 12945) 1 Number V-4 Effective Date: 0911512015 Parent- A biological, foster, or adoptive parent, a step-parent, a legal guardian, or other person who, stood in loco parentis to the employee when the employee was a child. Health Care Provider -An individual holding either a physician's or a surgeon's certificate issued pursuant to Business and Professions Code section 2080 et seq., an osteopathic physician's and surgeon's certificate issued pursuant to Business and Professions Code section 2080 et seq , an individual duly licensed as a physician, surgeon or osteopathic physician or surgeon in another state or jurisdiction, including another country, who directly treats or supervises the treatment of the serious health condition, or any other person who meets the definition of "others capable of providing health care services" under the FMLA. Serious Health Condition3 - an illness, injury, impairment, or physical or mental condition that involves: 1. Inpatient care (an overnight stay) in a hospital, hospice, or residential health care facility, including any period of incapacity or any subsequent treatment in connection with such inpatient care; or 2. Continuing treatment or continuing supervision by a health care provider for a serious health condition including: A. A period of incapacity of more than three consecutive calendar days and any subsequent treatment or period of incapacity relating to the same condition; or B. A period of incapacity or treatment for such incapacity due to a chronic serious health condition that requires periodic visits for treatment by a health care provider over an extended and/or episodic period (e.g. asthma, diabetes, epilepsy), or C. A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective (e.g. Alzheimer's, severe stroke, terminal cancer), or D. A period of absence to receive multiple treatments for an injury or condition which would result in incapacity of more than three days if not treated (e.g. chemotherapy or radiation for cancer, physical therapy for severe arthritis, or dialysis for kidney disease). Short term conditions requiring only brief treatment and recovery such as the common cold, the flu, earache, upset stomach, minor ulcers, headaches, routine dental or orthodontia are not "serious health conditions". Voluntary cosmetic treatments that are not medically necessary are not "serious health conditions" unless inpatient care is required or complications arise. POLICY: Employees who have been employed for at least one (1) year, and have worked a minimum of 1,250 hours during the preceding 12-month period are eligible for family and medical leave. For employees not eligible for family and medical leave, the City of Vernon General Leave Policy will 3Although pregnancy disability is a serious health condition under the FMLA,the PDA already provides for 16 weeks of independent leave for pregnancy disability. Pregnancy disability taken as PDA will concurrently count as FMLA leave, but not as CFRA leave. 2 Number: V-4 Effective Date:09/15/2015 take effect and based upon review of business considerations and the individual circumstances involved, determination will be made by the City Administrator. Except for those employees designated as "highly" compensated employees (as defined in Section 8, subsection 1, infra), employees will be returned to the same or to an equivalent position. Family or medical leave will consist of utilizing appropriate accrued paid leave and unpaid leave. For FMLA leaves of absence that are based on an employee's own serious health condition, employees are required to use their accrued leaves included but not limited to paid sick leave first, and then any other accrued leave, in the order of the employee's choosing. The remainder of the leave period will then consist of unpaid leave. 1. ELIGIBILITY & ENTITLEMENT — All employees who meet the applicable time of service requirements may be granted family or medical leave consisting of appropriate accrued paid leave and unpaid leave, for a period of up to twelve (12) weeks. The lowest time increment allowed for intermittent FMLA leaves is one (1) hour (during any 12-month period) for any of the following reasons: A. Family and Medical Leave 1) The birth of the employee's child and in order to care for the child 2) The placement of a child with the employee for adoption or foster care. Foster care must be by a formal agreement between the foster parent and the State, County, or licensed foster care placement agency. 3) To care for a spouse, child or parent who has a serious health condition. 4) A serious health condition that renders the employee incapable of performing the functions of his or her job. 5) Any spouse, son, daughter, or parent of the employee serving in the regular Armed Forces (including the National Guard and Reserves) who has been notified of an impending call to active duty status in support of a contingency operation or deployment to a foreign country. 6) An eligible employee who is the spouse, son, daughter, parent, or next of kin of a Armed Forces service member who is undergoing medical treatment, recuperation or therapy for a serious injury or illness sustained in the line of duty while on active duty is entitled up to 26 weeks of leave in a single 12-month period to care for the service member. The veteran must have been a member of the Armed Forces (including the National Guard or Reserves) at any time within five (5) years preceding his or her treatment for the serious injury or illness. An employee may also take this leave to care for an active service member or veteran who had a pre-existing injury that is aggravated while on active duty. Eligible employees who work less than full time (40 hours per week) are entitled to utilize accrued paid leave(s) and will be compensated at the current rate of pay. For example, if 3 Number: V-4 Effective Date:0911512015 an employee works 25 hours per week, his or her leave period will consist of 12 weeks of 25 hours (300 hours). If both parents are employed by the City, the combined leave for both employees for the birth, adoption, foster care placement of their child, or for care of a sick parent, may not exceed 12 weeks. However, any unused portion of either employee's 12-week entitlement would still be available for other authorized leave purposes. B. California Pregnancy Disability Leave (PDL) All female employees, regardless of service time, are eligible to take an unpaid leave on account of a disability caused or contributed to by pregnancy, childbirth, or recovery there from for a reasonable period of time not to exceed four (4) months . Such leave may be taken intermittently or used for a reduced work schedule, when medically advisable. PDL.will consist of using accrued paid sick leave. An other accruals are ogtional in the order of the em Ioyee's choosing. Pregnancy disability leave is separate from family and medical leave. For example, a female employee may qualify for up to four (4) months of pregnancy disability leave, and still be eligible for up to 12 weeks of family and medical leave to care for the newborn child or any other valid use of family and medical leave. The employee may request a transfer to a less hazardous or strenuous position if she is capable of working in such a position even though she is temporarily disabled due to pregnancy, childbirth, or a related medical condition. C. California Family Rights Act (CFRA) Employees with at least one year of service are eligible for 12 weeks of job-protected leave to bond with a newborn. CFRA runs concurrently with FMLA for a non-pregnancy leave. For a pregnancy leave, CFRA begins after the pregnancy disability ends, and can be used solely to bond with a newborn. D. Other Employees not eligible for FMLA, PDL or CFRA may request leave under Human Resources General Leave Policy. 2. ENTITLEMENT PERIOD The 12-month period in which an eligible employee is entitled to family and medical leave will commence with the first day on which any such leave is taken. The balance of any such leave not taken shall be available for the remainder of the commenced 12-month period. Leaves for the birth, adoption, or placement of a child must conclude no later than twelve months after the date of the birth or placement of the child. 4 Number: V-4 Effective Date:09/15/2015 3. REQUESTING/GRANTING LEAVE An employee is responsible to request family, medical and/or pregnancy disability leave. An employee requesting leave must complete an Employee Request for Family Leave Form and return it to Human Resources at least 30 days before the leave begins. In the case of an unforeseen event or incapacitation, notification must be made by the employee or the employee's authorized representative to Human Resources as soon as the need arises and no later than two business days after leave has commenced. Failure to request leave under this policy may defer or even disqualify requests for leave depending on the circumstances. An application for leave based on pregnancy disability, or the serious health condition of the employee or the employee's spouse, domestic partner, child, or parent, must be accompanied by a Medical Certification Form completed by the applicable health care provider, except in an emergency as provided below. All medical information shall be maintained in a confidential manner by Human Resources and disclosed only to the extent necessary to process the request for leave and in conformance with law. An employee must sufficiently explain the purpose of the leave so that Human Resources can determine whether it qualifies as family or medical leave or pregnancy disability leave. This explanation is necessary even if accrued paid leave (e.g. vacation or sick leave)shall be used concurrently with the otherwise unpaid leave under this policy. Employee will have 15 days to provide medical certification otherwise the FMLA leave may be denied. If the employee is requesting injured service member leave, the employee must provide certification of serious injury or illness from Department of Defense or Department of Veterans Affairs. If necessary, any taken leave may be retroactively designated as family and medical leave or pregnancy disability leave. Human Resources shall process the leave request in consultation with the relevant Department Head and, if necessary, the employee's supervisor. Employees are obligated to minimize disruption to the workplace as much as possible by, for example, coordinating any medical appointments with the Department's needs. Recertification must be provided within 30-days upon request by the City. 4. CONCURRENT USE OF PAID AND OTHER LEAVE For FMLA leaves of absence that are based on an employee's own serious health condition, an employee who has been granted leave under this policy must use concurrently, during the otherwise unpaid leave granted by this policy, his or her accrued leaves, included but not 5 Number: V 4 Effective Date:09/15/2015 limited to paid sick leave first, and then any other accrued leave, in the order of the employee's choosing. If the FMLA leave is for one of the other qualifying events, employees are required to use accrued paid vacation time for any part of a family/medical leave taken for any reason. The accrued paid time runs concurrently with the family and medical leave. The remainder of the leave period will then consist of unpaid leave. Such concurrent use of paid leave may not contradict provisions of any applicable long or short term disability policies. Any leave used under this policy, where paid leave is also concurrently used shall count toward the 12-week cap on benefit entitlements discussed below. A leave of absence taken pursuant to workers' compensation law or a temporary disability benefit plan (Short/Long Term Disability Insurance or other) shall also be counted, to the extent that such leave of absence qualifies, as family and medical leave or pregnancy disability leave under this policy and related law. 5. BENEFITS COVERAGE DURING LEAVE During authorized leave under this policy, an employee will be retained on the City's health plan under the same conditions that applied before leave commenced. To continue health coverage, the employee must continue to make any contributions (if any) that they made to the plan before taking leave; failure to do so may result in loss of coverage. Additionally, employee will still be responsible for making any payments to the City of Vernon for any loans that are normally deducted from an employee's paycheck. An employee's hire date and job entry date will not be adjusted as a result of a paid leave. The review date for performance and merit salary increases shall be subject to adjustment pursuant to applicable policy. An employee on paid leave will continue to receive their regular rate of pay, and accrue sick leave, vacation leave, and holidays at their normal rate; There shall be no accumulation of seniority, or earning of supplemental benefits (such as vacation or sick leave) made to the employee during a period of unpaid leave of absence, except as otherwise provided by law. New accruals of sick leave, vacation and holiday credits will be available to the employee upon reinstatement from an unpaid leave. 6. INTEGRATION WITH WORKERS COMPENSATION Although FMLA leaves of absence are generally unpaid, there are exceptions when an FMLA leave of absence overlaps with a leave of absence due to an injury on the job. A. Public Safety Employees Eligible Public Safety employees who sustain a work-related injury or illness are entitled to full pay and full benefit accruals for one full year, if the claim has been accepted as industrial. Therefore, FMLA leaves of absence do not commence until after a public safety employee has completely utilized their 1-year statutory leave under Department of Labor Code Section 6 Number: y 4 Effective Date:09/15/2015 4850. Upon completion of the one full year of full pay and full benefit accruals, safety employees shall receive two-thirds of their average weekly earnings (up to the maximum of California's published temporary total disability (TTD) rates) during the period of such temporary total disability. Eligible public safety employees must use one-third of their accrued leaves per pay period, including but not limited to paid sick leave first, and then any other accrued leave, in the order of the employee's choosing, not to exceed 100% of the employee's regular weekly earnings to supplement temporary total disability benefits. Employees may be eligible for temporary total disability benefits up to 1042 weeks (includes 4850 one year statutory leave) B. Miscellaneous Employees Miscellaneous employees who sustain a work-related injury or illness resulting in a serious health condition will receive a 90-day full salary continuance, and are placed on FMLA concurrently with workers' compensation benefits. Miscellaneous employees are entitled to accrue paid leaves such as sick and vacation benefits during this time period. Upon completion of the 90-day salary continuance, miscellaneous employees shall receive two- thirds of their average weekly earnings (up to the maximum of California's published temporary total disability (TTD) rates) during the period of such temporary total disability. Employees must use one-third of their accrued leaves per pay period, included but not limited to paid sick leave first, and then any other accrued leave, in the order of the employee's choosing, not to exceed 100% of the employee's regular weekly earnings to supplement temporary total disability benefits. Employees may be eligible for temporary total disability benefits up to 1042 weeks (includes 90-day salary continuance). 7. UNION/ASSOCIATION DUES The employee is responsible for maintaining dues to the employee association, if required. 8. REINSTATEMENT With the exception of those employees designated as "key employees", an employee returning to work from leave will be restored to his or her former position or to a position with equivalent pay, benefits, and other terms and conditions if the employee's position ceases to exist because of legitimate business reasons unrelated to the leave. A determination as to whether a position is an "equivalent position" will be made by the City. The City of Vernon cannot guarantee that an employee will be returned to his or her original job. The City may refuse to reinstate a "key employee" returning from family and/or medical leave (but not from pregnancy disability leave) to the same or a comparable position if all of the following apply: 1. The employee is an exempt employee who is among the highest paid 10% of the City's employees who are employed within 75 miles of the work site at which the employee is employed. 7 Number: V-4 Effective Date:09/1 S/2015 2. The refusal is necessary to prevent substantial and grievous economic injury to the employee and the operation of the City. 3. The City notifies the employee of the intent to refuse reinstatement at the time the City determines the refusal is necessary under subparagraph (2). 4. In any case in which the leave has already commenced, the City shall give the employee a reasonable opportunity to return to work following the notice prescribed by subparagraph (3). The City may refuse to reinstate an employee for any other reasons permitted under Federal or State law. 9. RETURN FROM LEAVE An employee on leave is expected to return to work on the next work day following the last day of the approved leave period. If an employee wishes to return to work prior to the expiration of a leave, notification must be given to Human Resources at least two (2)working days prior to the employee's revised return date. Before returning from a leave, the employee must submit to Human Resources a Return to Work Medical Leave Certification Form from the health care provider stating that the employee is able to return to work. Such release to return to work must be approved by the City before the employee may return to work. 10. ADDITIONAL LEAVE Employees who desire leave over and beyond CFRA, FMLA,_ fam4 meal and/or P®L Ii . , may request additional leave in accordance with the Human Resources , General Leave Policy. Unless authorized by the City Administrator, leave requests may not exceed a combined total of one year under the various leave policies. 11. FAILURE TO RETURN FROM LEAVE The failure of an employee to return to work upon the expiration of an authorized leave of absence may subject the employee to dismissal. PROCEDURES: Responsibility Action REQU EST[NG/GRANTING LEAVE Employee 1. Provides Human Resources with a completed Request for Leave Form at least 30 days prior to 8 Number: V-4 Effective Date:0911512015 the beginning of the leave or in the case of an unforeseen event, as soon as possible. 2. Provides Human Resources with a completed Medical Certification Form for leave of pregnancy disability or the serious health condition of the employee, or the employee's spouse, child, or parent. Human Resources 3. Upon receipt of the request for leave, notifies the Department Head or designee that a request for leave for certain dates has been submitted by the employee, 4. Determines if the request for leave meets the entitlement criteria under this policy and law. 5. Consults with the Department Head or designee about any scheduling or other issues related to the request for leave. 6. Approves and designates the leave if the request complies with this policy and law. 7. If necessary, makes a preliminary approval and designation if any requested medical certification has not yet been received or confirmation is otherwise pending. 8. Notifies the employee of the approval, preliminary approval, or non-approval of the request for leave and the underlying reasons. 9. Notifies the supervisor and the Department Head or designee of the approval, preliminary approval, or lack of approval of the request for leave. 10. Notifies the supervisor of the requirement that the employee concurrently use paid leave during the otherwise unpaid leave. Supervisor 11. Prepares a Personnel Action Form (PAF) indicating the effective date of the leave (first day of leave usage). Forwards PAF to Human Resources. 12. Ensures that the employee's time card is coded with appropriate family, medical and/or pregnancy 9 Number: V-4 Effective Date:0911512015 disability hour types (contact Payroll for specific code information). 13. Prepares a Personnel Action Form (PAF) placing the employee on unpaid family and medical leave or pregnancy disability leave when all available paid leave has been exhausted. Forwards PAF form to Human Resources. Employee 14. Maintains the employee's share of any health benefit contributions under the same conditions that applied before leave commenced. 15 Maintains union/association dues, if applicable. 16. Remits any appropriate payments in response to billing advice from the City of Vernon. RETURNING FROM LEAVE Employee 17. Notifies Human Resources that employee will be returning to work, but: a. When returning prior to expiration of a family and medical leave, provides Human Resources at least two (2) work days notice prior to the return date. 18. Provides Human Resources a Medical Certification Form from the health care provider stating that the employee is able to return to work, if leave was taken for the employee's own serious illness or for pregnancy disability. Human Resources 19. Determines, in consultation with the Department Head or designee, and the City Attorney's Office if necessary, if any required Medical Certification Form releasing the employee back to work is sufficient under this policy and law. 20. Notifies the Department Head or designee of the date the employees is scheduled to return to duty. Supervisor/Department Head 21. Prepares a Personnel Action Form (PAF) returning the employee to regular status. Forwards PAF form to Human Resources. 10 Number: V-4 Effective Date:09/1 S/201 S 22. Reinstates the employee to their original assign- ment or an assignment substantially similar on the agreed upon date of return, unless the employee's assignment ceased to exist because of legitimate business reasons unrelated to the leave. FAILURE TO RETURN Human Resources 23. Notifies the employee, the Department Head or designee, and the City Attorney's Office if the employee fails to return to work after expiration of an authorized leave and any extensions thereto. Department Head 24. In consultation with Human Resources and the City Attorney's Office, considers action pursuant to Personnel Policy. 11 RECEIVED � o :. SEP 01 2015 CITY ADMINISTRATION STAFF REPORT M w HUMAN RESOURCES DEPARTMENT DATE: September 15, 2015 TO: Honorable Mayor and City Council FROM: Teresa McAllister, Director of Human Resources Department RE: A Resolution of the City Council of the City of Vernon approving the application for an Industrial Disability Retirement by Benjamin Potter Pursuant to Government Code Section 21156 Recommendation A. Find that approval of the attached resolution approving the application for an Industrial Disability Retirement by Benjamin Potter 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 approving the application for an Industrial Disability Retirement, pursuant to Government Code section 21156, based on medical evidence that Mr. Potter is substantially incapacitated from the performance of his usual and customary duties as a Police Officer for the City of Vernon. Background Mr. Potter was hired as a Police Officer by the City of Vernon on June 18, 1990. Mr. Potter retired as a Police Officer on March 23, 2015. On March 19, 2015, the City of Vernon received notice that Mr. Wiles filed an application for an Industrial Disability Retirement ("IDR"). In accordance with Government Code Sections 21154 and 21156, the City is required to determine the member's disability eligibility within six months of the IDR request. A Workers Compensation Award is not sufficient evidence that a local safety member is disabled for retirement purposes. There must be a specific finding under Government Code Section 21166, by the employer, with respect to the disability for which the Page 1 of 2 member will be retired. If it is determined that the member is disabled from the performance of his or her duties, a resolution to that effect must be submitted to CalPERS. On June 12, 2015, and on July 31, 2015, staff received medical reports from applicant's doctor supporting a finding that due to orthopedic injuries sustained, Mr. Potter is substantially incapacitated from performing his usual and customary job as a Police Officer with the City of Vernon Police Department. Based upon an evaluation of this case and Mr. Potter's medical reports, staff is recommending that the City Council approve the IDR application effective as of Mr. Potter's retirement date of March 23, 2015. Attachment(s) 1. Resolution Page 2 of 2 RESOLUTION NO . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING THE INDUSTRIAL DISABILITY RETIREMENT APPLICATION OF BENJAMIN POTTER, A LOCAL SAFETY MEMBER FORMERLY EMPLOYED BY THE CITY OF VERNON (GOVERNMENT CODE SECTIONS 21154 AND 21156) WHEREAS, the City of Vernon (hereinafter referred to as "Agency") is a contracting agency of the Public Employees' Retirement System; and WHEREAS, the Public Employees' Retirement Law requires that a contracting agency determine whether an employee of such agency in employment in which he/she is classified as a local safety member is disabled for purposes of the Public Employees' Retirement Law and whether such disability is "industrial" within such meaning of such Law; and WHEREAS, on March 19, 2015, the City received notice that an application for industrial disability retirement of Benjamin Potter employed by the Agency in the position of Police Officer in the Vernon Police Department was filed with the Public Employees' Retirement System ("PERS") ; and WHEREAS, by memorandum dated September 15, 2015, the Director of Human Resources has recommended that the City Council approve the industrial disability retirement of Benjamin Potter; and WHEREAS, the City Council of the City of Vernon has reviewed medical and other evidence relevant to such alleged disability. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS : SECTION 1 : The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct . SECTION 2 : The City Council of the City of Vernon finds that this action is exempt 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. SECTION 3 : Based on competent medical evidence, the City Council of the City of Vernon hereby finds and determines that Benjamin Potter is substantially incapacitated from the performance of his usual and customary duties as a police officer for the City for a permanent or extended and uncertain duration within the meaning of the Public Employees' Retirement Law. SECTION 4 : The City Council of the City of Vernon hereby finds and determines that such disabilities are a result of injury or disease arising out of and in the course of employment. Neither the City Council of the City of Vernon nor Benjamin Potter has applied to the Workers' Compensation Appeals Board for a determination pursuant to Government Code Section 21166 whether such disability is industrial, and that there is not a possibility of third-party liability. SECTION 5 : Benjamin Potters' last day in paid status was March 23, 2015, after exhaustion of all leaves, if any, under Government Code Section 21164 and no dispute as to the expiration of such leave rights exists . Benjamin Potters' permanent separation date - 2 - as a police officer for the City was March 23 , 2015 . SECTION 6 : Benjamin Potter is and has been receiving a PERS service retirement effective March 23 , 2015 . Advanced Disability Pension Payments will not be made . SECTION 7 : Benjamin Potter is competent to act on his own behalf in legally binding retirement matters . SECTION 8 : The City Clerk shall notify Mr. Potter of the City Council' s determination approving his application for industrial disability retirement. SECTION 9 : The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the City Clerk' s, or Deputy City Clerk' s, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 15th day of September, 2015 , Name : Title: Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: *aA4,:-r, 9�� �- Zaynah Moussa-Mil rd, 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 15, 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 - }� RECEIVED f * � T R E C IF I V E D ��Y��.�� , AUG 2 6 2015 AUG 2 6 2015 STAFF REPORT CITY 1 TRATIUPd CITY GLERK'S OE VERNON POLICE DEPARTMENT DATE: September 1,2015 TO: Honorable Mayor and City Council �L 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 Rankin 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 15th day of September, 2015 . Name : Title : Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: 4 AJ,�k-e� Brian W. Byun, D uty 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, September 15, 2015, 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 September, 2015, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) 8 - EXHIBIT A Fl�'�NGN�SEE TO CwIY OSERV/CE�F VERNO Franchisee: IV'F V ERNCl ON ANREEM NT g Res COVER P U.S. S T O� NC D BEnMEE pon AGE NTH Notice/ si,�/e principal o f Fra E nformation nchisee: Franchise U.S. -row, lnc e. M U. oche een,DaYan, Pres�•den 2;9 TDw, lnc �CEp Fast r Notice/nf gtten on. Cq 9oet °rmation_ City., i • preside M°She Be 05a ty, phone.en ' OS n CaYan Facsimil(2/3) 749-7 City of Ve (213) 749�0272 rn 3p on Commencem Att r an anta CA g e AV enUe ent pate; Attention. 0058 acts mile�e. 23)8a/leros Police (323) 326 1481/ e� 14 Ch. Termination po earli an t Cate: ordinanCl by C y Coy one(3/ Consider /nc e granting franchise r nci/s City daYs aft Consideration: anchi e t f Vern of ThreeU.S. Tow inclusive 3)Years fro , payment; m Commencement p s ate, Pursuant to Section b3 Franchisee Records Retention Period p o t o Cit pursuant tot is made to Fr f this Agreement. Section 5 of his see T hree(3)Years Pursuant gr e e t scant 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 25th 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 413 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 48 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 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 151" 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 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 Vernon Municipal Code or otherwise pursuant to this Agreement. - 5 - City' Protect 9.2 successor or and hold ranchisee (includi succ arMle shall; punitive dam not li11 i to ti Ss the City itsemnify the da t7j to e CIt , i , officer City, debts, liensrnages inluri special inter s, e defen and char , liabilities est fro mplOYees a aWith fees and gos, penaltie caUseS°f' re po se segUentl a�d against ' 'agent S,asnse/appro this indemnit costs incurred and expen cfion> suits rerried'atio dam N claims act an a d by th City or its y)of an I. con es(incl ' %gal°r n and re ' natural re ual dan a any e repair rem° icers, e,n kind W/7 coon with adjng, but no dministraf V a/costs sources da ges moval dlatio p/oYees °ever efendl t//Mite e pro losses mage, re n, c/ a paid Yin a d to ceedi , de wheernmenta a ial, reSp In or d�onts°r the Incrurred or a inst anY $ attorneys' ngs' intere ands Intende the Fr ction) co se, or% xificati°n anch;see u ered b the fore ago.nd expe st, finis Coed to Operate st stores an sure or oth or )reparatarising from °r asserte1 ng or In vnf fitness S mpensatio Aerate as es or dis Y hazard er plan r n and i or attrib a again orcIng - afety Co n and�i an Agree pose o f °Us Sub (egard/e rnp;eme Utable to t> the and inde de Secti° ability Ac ment pur solid or h stance or ss of whet ntation o f any S mnify the C�y�pm 1i a^' anY sated U ates C e z ornprs w of�US her�e ae�any due d St C ast was ke ection 10 /NSV ability ccessor proviS o Section 96��Fnv ron going my Place to full for 1 RANCE to insure , and Calif ntal R,yesmnity is grant a ntea by Cite and efle t1 throranchisee s RFQUIRFMFNTS protect holdaHeal h^na> !`r Y arise fromY, lnSura Ughout fih hall, at it mless, anch/see, its or�n con ce against fie. of this ole cost an shall a maintain . agents nection claims for in.Agree a expe s provide lnsurancereprese atI t h the rfurie merit lncl rise' Procure eptable to the Cit policies t es, employe t°persons usive of an and Mai to the City, ve-y n ificate o f YPes a�a e or bConfieryoes heages to p oal term�n in maintain 10.2 existe eu the sUrance eet'ng the r�ctors. Fra nder by th rty which foi%wing.policies o fins ra�Um SC e°f rice°f sUch 0 �i such evide ents Set foe shall Procure (a) with miniMul s QQce C ce reason bl rth below ari over e y SCOpes of a °'nprehensive Gener Coverage AT ch/se(b) Comprehensive al Liability �EAsT Sall Procure (c) five Vehicle insurance broad as flied Fmplors COmpe L'abNity;nSUr IFSS TH 10 3 Yer S Liability ins la surance as ance' AN the foi%wMg'mUM�in�its.Insurance. required by the S (a) the �lability V endor Shall maint fate of California an o f maintain incur a onh r , oor proate, co,nb ne°Million Co ance with n?i Separate/ Other form in pertY dam a s'ng/e 1. liars (�2 niMum li occurrence to which a age. /n Co mit, again 000'0p0)for mits Np currence limits Agrement oaggre at h�m Sve any bodily inlura/Lry, dcurrence he general Is limit sh d, the gene lnshaper and Person so all be TW/eE limit shall ce or 6 C he requrapp/y (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 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 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. - 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. 14.10 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 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 25th 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 FOR 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 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 the proposals received, the City may consider awarding a single tow franchise contract, or multiple 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, Vernon CA 90058. 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. . 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 I 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: i 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 specked 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 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 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 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 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 i 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 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: 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 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 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 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-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 I 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/heats 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, 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.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. 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 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 i 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. i 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, 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 B. Upon the City's request, certified payroll records shall promptly be provided to the City. -8- City of Vemon 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 term of the Contract shall not exceed three (3)years, -9- City of Vernon Franchise Tow Fee Program Request for Proposals i i EXHIBIT A AFFIDAVIT OF NON-COLLUSION F 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 (Invert"Sole Owner",'Partner","President,"secretary",or other proper title) of (Invert 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 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/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: March 2013 F City of Vernon Franchise Tow Fee Program Request for Proposals EXHIBIT B STANDARD FORM CONTRACT 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, zip code] Attention: [insert name, title] Phone: [insert phone number] Facsimile: [insert fax number] Notice Information - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: [insert department head] [insert department head title] Telephone: (323)583-8811 ext. [insert] Facsimile: [insert fax number] Commencement Date: [insert commencement date] Termination Date: [insert termination date] Consideration: 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 I 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 dated . Exhibit A,and Franchisee's proposal tp the City("Proposal')dated .Exhibit B. both of which are attached to and incorporated into this Agreement, by reference_ 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("Agreement")for Police Towing services in the City of Vernon; and WHEREAS, additional conditions have been imposed upon this grant of Franchise. NOW, THEREFORE, the Parties do hereby agree as follows: Section 1. GRANT OF FRANCHISE. City grants to Franchisee a Police Towing Franchise authorizing Franchisee to engage in the business of Police Towing as set forth in chapter 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 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, 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 granting this Franchise became effective and in accordance with Section 46.8 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 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 15t" 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, 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. March 2015 Section 5 �tTES C $ouhhise b ern Sha// a es 5.1 The rates HgRGEs qND pq�, Los qn D/vis;on tab/ish and ch MEMT �mpounge/es C°un of the Calf by the City r9es for Cowin o heZSesrhoaJl be sty Sheriff b Highwy pencil. The and store cons difled con atr°I th prevaili g �n con Place . Aicuousl by t`h C and the dared w e Los n9 r$te Hectic owners the i Y Posted• sty Coun at°rage h8n Qsta g?ge/e s Pres n With t hi release the option o f each In the Fran cll, q sign charge shall blish;ng e Police D$gybed by the h'anc s°f hi�n Of PaYme taw truck o igee,S lowhOwing t be$ these rates T rtrf7 a '`of hose the C;t es,and nt by Mas Aerated b office and approved d he rat Per the the; Y ma ter Y Fr sh , per aY, e niPound f�uncil wily collect an Card and Visaanchisee all be Posted and Charge.,ntil e in ad be re9ue abet hOur • Fran Franch�s d in a con Sha// Sections dlt;on t sled t rele chise 'see Shall SP/c UO of; Franc , Rus E-. Pam.per` °other estad js;,Is an a t,h s parrtuo f Pro de a;'d a vehicle is In fr,el'a ll f le a es ours re/ease aw �rad Of er`hours fees T Monthly towi to exceed he report Sh g report uthe C With �fio of police bntitted to•hiefo fPolice aloe The 4305 n Police D g With Code eport shall inclu LemSanta an, CA Fe geparte ent Payment Per�u�,by efor ra spon a nil its s f0rmatian r g00sg sib/e owneuobfo t a�ors ucired by Sec#;o Section, FRq Of the F f ied as tin 4B•10(li ;nacOUnts°f all r 1 The N H/ EE E ranchiseeA a and co�c u�de ernon Muni ac per, whic evenues Franchis RIDS Penalty ofc�Pal counts h conf and in ee shall tunes be open recordss, with come arisial/maintain agents of then t0'nsAec ns�n9 ouetnera!ly accepted out of lts accurate end ggreement f° lo e el `Ucht e I ng out natio Of or related to -accountingtions Undercon th nooks and Towing 7 2 Pt of notices s shall be kep at bit b y avthonn Undeprincipthe F anchFranS hr'se nil;n othet r services . Fran anchise , zeq offc Franchi ee s book, a conneotecords showiconnecton'see s r e s Place ofbustempl, I shall at ll rep on n wit hall equir orting be with the Fg all bus;nes h the Fran a its subc Hess sho and Sect hveen FranCh'3 a�an h ssactionsjso tto eep creators. if any, in this °n 8 d its su ee agrees acted b maintain who Perfo rr IDEN lF /Ct E q bcontractort�use its d beat ea Such ub Ant acto Ooks Of accouP�afice aertfy, n 1 In listing ofevery ghi Franchi I CqT I DNND P' rts t0 avoid dup/,c and a form accem P able toby F, maintain o RT/ G C© On of anch* ee n ii/ F ggtD Cif that every for oicwith the City, a SuchIce 9 serv;ces.c°'npiete e conforms with r Pre accurate egiOna/and State March ?ads l 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 Every vehicle operated by Franchisee and for Police Towing services in the City shall bear the following identification: Franchisee's trade name, monogram or insignia, the Franchise vehicle number, together with Franchisee's telephone number painted upon both sides of the vehicle. All lettering mentioned in this paragraph shall be not less than 2-1/4" in height and not less than 5/6"stroke. The Franchisee agrees to remove the Franchise vehicle number and all other information within 30 calendar days after the Franchise is terminated or the vehicle is sold, transferred or taken out of service. 8.3 Franchisee shall file with the Vernon Police Department, the name, address, date of birth, driver's license number, and all identification required of any tow unit driver working for Franchisee, whether as an employee or as a contractor, which information shall be filed not later than ten(10) business days following the effective date of employment or engagement. Franchisee shall also notify the Vernon Police Department within ten (10) business days of the following occurrences: the license suspension of any tow unit driver, and the end of employment, or engagement, of any tow unit driver with Franchisee. Section 9. INDEMNIFICATION OF CITY. 9.1 Franchisee shall indemnify and hold the City harmless from and against any and all loss, damages, liability, claims, suits, costs and expenses, fines, charges or penalties whatsoever, including reasonable attorney's fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner related to the services provided or business conducted under Chapter 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 Score 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. (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) Wor'xer'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, 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. (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 Mall, 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 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 10.6 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 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 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 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, Franchisee has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Franchisee in its business operations. Franchisee shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 14.2 FRANCHISE NOT AGENT. Franchisee and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise. 14.3 WAIVER. The City's waiver of any term, condition, breach or default of this Agreement shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived, 14.4 NO ASSIGNMENT, The Franchisee shall not assign or transfer any interest in this Agreement without the express prior written consent and approval of City Council. 14.5 COMPLIANCE WITH LAWS. Franchisee shall comply with all Federal, State, County and City laws, ordinances, resolutions, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof. 14.6 ATTORNEY'S FEES, If any action at law or in equity is brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable 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 fights and duties of the parties hereunder(both procedural and substantive), shall be govemed and construed according to the laws of the State of California. 14.7.2 Entlre 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. 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 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 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 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 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 California charter City [FRANCHISEE'S NAME, a [State and California municipal corporation incorporated in]corporation DATED: DATED: By: By: Mayor/Mayor Pro-Tem Name. _ Title: ATTEST: By: Name: Maria E. Ayala, City Clerk Tltle� APPROVED AS TO FORM: Hema Patel, City Attorney March 2015 EXHIBIT A REQUEST FOR PROPOSALS I 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 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. March 2015 EXHIBIT D LIVING WAGE PROVISIONS Minimum_LiAnn 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 ang U_nQaid,Qays 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 - O.S.TOW,11VC 4p5 Mi..ELPS.:: 4FF1v^W.GAAAW UHT:.-- 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 25t' Street Los Angeles, CA 90058 GP FFICiILPOLICE ?i 19 E. ? t11 Street e Los r�ngeles. CA 90058 ° Bu,;-: (2l'! 149-'100 ' Fa-x: )1') %�?9-Q-,'? r 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 Sheriff's 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. -i- 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 East 25"' Street, Los Angeles,which meets all current zoning regulations. This site is located directly across 25"' 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 tricks 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. -.,egal Business Status U.S. Tow, Inc. is an"S" corporation,Federal Tax ID#90-1014831. 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 25t' 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 e,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. Thank you for yF ur consideration of U.S. Tow for this contract. I Very truly you } s11 . a 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 extensive past OPG experience,Mr.Ben Dayan's expertise and the professional qualifications and dedication of our staff. We do not require a site;we have one.We do not require a functioning office with all of the latest computer and security equipment;we have it. We do not require tow equipment;we have the best. We understand that the Request For Proposal for the letting of the Franchise Tow Fee Program contract is competitive,but we ask that you consider our past experience with the LAPD, our long- term operation and staying power, our relationship with the community and our commitment to strong performance at all times and in all circumstances. VEHICLE IMPOUND INFORMATION CENTER The future of towing management is happening today at U.S. Tow,Inc. with our Vehicle Impound Information Center(VI1C). Our VIIC 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;rather it is a system designed to assist us and our law enforcement clients to oversee towing and impound operations while providing accountability and oversight. The web-based system,which provides information regarding impounded vehicles,has been primarily designed to be used by municipalities,but also contains a free public search element designed for use by the general public. VIIC REPORTS The VIIC system provides our law enforcement customers with real-time reconciliation and auditing of remitted fees through a computer system that cannot be altered. This system provides very readable PDF reports or reports that can be downloaded into a CSV file for the Department'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 INFORMATION 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 htt.p://www.oRgLaviie.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-time 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 WORD/ WORK PLAN FACILITY 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 tunes 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 25t'Street, directly across 25ffi 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 l l 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 1 I tow units and one trailer, as follows: Weight Unit Type Year Mahe (lbs) VIN 11 Wheel-lift r 2009 Dodge 19,0007 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 1 Kenworth 26,000 _ _ T-300 13 Wheel-lift 2013 + Chevy 15,000 3500 HD 20 Flatbed 2015 Peterbilt 26,000 25 Wrecker 2014 Peterbilt 54,000 16 Wrecker 2015 Kenworth 35,000 80 Tractor 2007 Freightliner 80,000 i 81 Trailer 2015 Landoll 97,000 h 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, V1N 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 Hold 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 party 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. As per 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 $148.00 $43.00 under 10,000 GVWR Motorcycle $148.00 $20.00 Medium Duty $250.00 $55.00 Heavy Duty $300.00 $65.00 Low Boy $300.00 $65.00 Super Heavy Duty/ $475.00 $65.00 Wrecker Forklift $ 95.00 (per hour Service Call $74.00 Bulk Item $12.00 (per pallet/per day) Towing/recovery 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. —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 fire 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 Sheriff's Department. U.S. Tow, Inc. is open to negotiating the with the City of Vernon. However, we are asking foi� ` fee of 7% of gross :. a.ipts which is the amount that we currently charge L. L D. 13 ABILITY OF U.S. TOW, INC. TO PERFORM THE 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 25t"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 CEP 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 perfonning 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 Sheriff s 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, CFG. 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 H, 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. ADMINISTRATIVE 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 Moshe Ben Dayan President/CEO Mohammed Jaweed CFO Richard Kettering General Manager Stephanie McColgan Ernie Gonzalez Luis Cruz Walter Ruckwardt Assistant Manager Dispatch Manager Driver Manager Yard Manager x Mario Sanchez Rosendo Favala Jonathan Zetina Dispatcher Driver/Mechanic Yardman Jose Martin Filiberto Hernandez Dispatcher Driver Leonard Sanders Khachik Bekarian Dispatcher Driver Armando Valenzuela Victoria Reyes Driver Dispatcher Victor Arevalo Driver Raul Marroquin Driver Carlos Reyes Driver 18 AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) Moshe Ben Dayan being first duly sworn deposes and says that he/she is Owner/Presi dent/CEO (Insert"Sole Owner","Partner","President,"Secretar),",or other proper title) of — U.S. Tow, Inc. --T- _ - -- trnsen mime orbiddert who submits herewith to the City of Vemon 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 b id/proposa I; 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 P. ve a partnership or other financial interest with said bidder in his/her business. I certify under ;. rY of per jury 1 hat the above information is correct By:_ � Title: Owner/President/CEO Date: April 16, 2011, 19 March 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. R- 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 (50) 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 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. 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 15th day of September, 2015 . Name: Title : Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: Brian W. Byun, D '. uty City Attorney i/ - 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, September 15 , 2015, 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 September, 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 413 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 413 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 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 15th day of each month. 3.5 When Franchisee remits franchise fees to the City, such franchise fees shall be deemed timely paid only if delivered or postmarked on or before the due date. If fees 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 '/2 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 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 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 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. - 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 413 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. 14.10 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 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 413 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: Maria 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 16 vojkjv Lir 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 the proposals received, the City may consider awarding a single tow franchise contract, or multiple 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, Vernon CA 90058, 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'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 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. - 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 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 Q 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 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 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 lost date of the drivers 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: I The applicants can satisfy the insurance, business license, and tow operator permits requirements set forth in Vernon Municipal Code Chapter 413. 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 46. 5. The applicants will accept all tow requested by the City, including tows of abandoned or dismantled vehicles andlor 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: 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 BZ§ZQffl_E 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 I T' 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 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, 20% 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 -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/heats 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). T. 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_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. 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 communications or any writtenle-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. 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 WAGg 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 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 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 -10- AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) being first duty sworn deposes and says that he/she is _ (Imert*Sole Owner',"Partner","President,"Secretary',or other proper title) of tlnsert 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 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/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: March 2013 City of Vernon Franchise Toro Fee Program Request for Proposals EXHIBIT B STANDARD FORM CONTRACT -11 - 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, zip code] Attention: [insert name, title] Phone: [insert phone number] Facsimile: [insert fax number] Notice Information - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: [insert department head] [insert department head title] Telephone: (323)583-8811 ext. [insert] Facsimile: [insert fax number] Commencement Date: [insert commencement date] Termination Date: [insert termination date] Consideration: 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 rCity"),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 dated , , Exhibit A.and Franchisee's proposal to the City("Proposal')dated . 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 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 Vemon Municipal Code and has agreed to comply with all provisions of that Chapter; and WHEREAS, it is required that City and Franchisee enter into a Franchise Towing Services Agreement("Agreement")for Police Towing services in the City of Vernon; and WHEREAS, additional conditions have been imposed upon this grant of Franchise. NOW, THEREFORE, the Parties do hereby agree as follows: Section 1. GRANT OF FRANCHISE. City grants to Franchisee a Police Towing Franchise authorizing Franchisee to engage in the business of Police Towing as set forth in chapter 4B of the Vemon 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 City of Vernon,the provisions of Chapter 46 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 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 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 1 e 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, 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 48.12 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 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: Chief of Police Vernon Police Department 4305 Santa Fe Avenue Vernon, CA 90058 The report shall include the information required by Section 413.10(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 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 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 2-14' 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 Vernon Municipal Code or othenkise 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, remedlation 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 Srooe of Insurance Cove. 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 Generat 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 Employer's 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, 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. (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 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 i 10.8 Failure to Maintain Rewired 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 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 3 days from the date of mailing. The notice of temporary suspension shalt 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 45 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 4S 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, Franchisee has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Franchisee in its business operations. Franchisee shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, including compliance with social security, withholding and all other wages, salaries, benefits,taxes, exactions, and regulations of any nature whatsoever. 14.2 FRANCHISE NOT AGENT. Franchisee and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise. 14.3 WAIVER. The City's waiver of any term, condition, breach or default of this Agreement shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived, 14.4 NO ASSIGNMENT. The Franchisee shall not assign or transfer any interest in this Agreement without the express prior written consent and approval of City Council. 14.5 COMPLIANCE WITH LAWS. Franchisee shall comply with all Federal, State, County and City laws, ordinances, resolutions, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof. 14.5 ATTORNEYS FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Agreement,the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. 14.7 INTERPRETATION. 14.7.1 Applicable Law. This Agreement, and the rights and duties of the parties hereunder(both procedural and substantive), shall be governed and construed according to the laws of the State of California. 14.7.2 Entire Aareement. 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. 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 Dupiicate 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 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 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. i 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: 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 201S 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 [FRANCHISEES NAME, a [State and California municipal corporation incorporated in]corporation DATED: DATED: By: By. Mayor I Mayor Pro-Tern 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 I I 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 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. March 2015 EXHIBIT LIVING WAGE PROVISIONS Minimum Uying Was�e,�: 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 an Unggid 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 EXHIBIT B EXHIBIT B FRANCHISEE'S PROPOSAL PROPOSAL FOR CITY OF VERNON FRANCHISE TOW FEE PROGRAM Submitted by: Jimmy Sandhu H.P.Automotive & Tow, I nc. 7300 Roseberry Ave. Huntington Park, CA Tel: 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 I_ i-x 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 (ExIlibits A - E) 4. Affidavit of non-collusion Cover Letter H.P.AUTOMOTIVE & TOW, INC . POLICE 1jV1PO UiND &S TORA GE E'ER P7CE Light - Medium - Heavy 7300 Roseberry Ave. Huntington Park-, CA 90255. Tel: 323-583-1831 April 15,2015 City of Vernon Attn: Hon. 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 calls, continual towing services and to maintain complete, adequate towing and storage facilities and accurate H.P.AUTOMOTIVE & TOW, INC. M- U, POLICE IMPOUND & STOX4 GE SER 1 0 VICE CCWr *M Light -Medium -Heavy 7300 Roseberry Ave. Huntington Park,CA 90255, Tel: 323-583-183 1. 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, immy 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, modern 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 modern, 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) 2 of 20 General Scope of Work: [B] GENERAL SCOPE OF WORK: [S ] 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 Light, 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 serilce 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 65th 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, Hunting-ton 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 summarl- 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 capacity of Light, Medium and Heavy duty vehicles. Business Annual Revenue Approximately 3 million ._ Business hours 24 hours for services 7 days a week including holidays Normal business hours 7 am to 7 pm for customer assistance and vehicle release process After hour gate 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 seniice unit, 1 mobile unit, 6 forklifts Evidentiary capacity 30 vehicles at any time Average monthly tows 850-1000 Storage capacity 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—t6—324th full time, part time and temporary 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 modern 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 all tow trucks modern, 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 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 5 of 20 staff members. In addition, we conduct in- house classes for all our employees on essential educational matters, )) 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 education/certification 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: DRIVERS: 9rTCHING I SUPPORT STAFF: REQUIREMENTS FOR AM DRIVERS • Professional Driving a Vehicle release Drug testing 2 • Forklift Safety 0 General Dispatch times a year. Awareness a Safety in the Workplace Enrolled in random • Safety in Equipment a Customer Satisfaction drug testing. Safety in the field. Dispute Resolution 31 Enrolled in DMV Risk Management Reporting/Finance pull notice State Compliance Data Management program. Roadside Service 3 Vehicle and Live scan finger General tow training Equipment printing annually 6 of 20 ■ Vehicle Impounds Maintenance Updating drivers ■ Vehicle Recovery 8 Personnel Policies general towing ■ Lockout Procedures Booking Personal Property Evidentiary Hold Procedures policies every ■ Substance Abuse 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 roil 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. 8 of 20 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 number/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 Exhfhlt—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 modern 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, 8 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 food 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. 'Ale have proper system to address customer's 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 normal 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 last 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 requesta 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 GPS 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 drivers 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 ruction: 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 A 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-depth 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 A 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 of . . , . Weight and Length - Light Duty 120.00 35.00 Under one ton vehicles Medium Duty 180.00 45.00 Over one ton and over 20 feet Heavy Duty 250.00 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 Road side assistance/Jump start/Fuel delivery/Lock out service/Tire change/ Air delivery/Push start/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 8t" day onwards, per day storage charge will apply based upon type of vehicle Drop fees when vehicles are hooked up $60.00 Home tows/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 Ion $ 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 1st 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 3rd Year of the contract(flat fees—paid quarterly in four equal payments) $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 or 20 Proposed Option Two: - Light Duty 120.00 35.00 Under one ton vehicles Medium Duty 180.00 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 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 Road side assistance/Jump start/Fuel delivery/Lock out service I Tire change I Air delivery/Push start/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 8tn day onwards, per day storage charge will apply based upon type of vehicle Drop fees when vehicles are hooked u $60.00 Home tows/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 (Ion ) 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/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:AN our rates mentioned above will go up by 5%annua,)y. . „f 0e resi,fenrs of T, e y of Vernon W# get 20% discount on all our services. (Please see Exhibit®D In attachment section) Samples of other munlclpalltles'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. l Jirr my 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 Vice President J CEO 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 concern and implement new objectives and/or procedures. Overlook employees training Yadwinder Sandhu Oversee information &technology matters, assist senior ITManager/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 Meet 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 19 of 20 H.P.AUTOMOTIVE & TOW, INC. ORGANIZATION STURCTURE 1.Sandhu President S.Singh Vice President D.Swaitch Office Manager 1. Guadalaq. t - ' Judy Bernal Dispatch DISPATCHERS CUSTOMER SERVICE 5AFETY&INSURAivCE TRAININIG Record Supernso, - . Supervisor ACCOUNTING "UMANRESOURCE PURCHASE 9EC( RDS Y.Sandhu BenCra I Nl.Phathsws Fleet — Lion Sales Supervisor � � Supervisor l 6 Torres Faciliitos _ �I Maintenance Safe keeping - -- of FLEET EQUIPMENTS MAINTENANCE DRIVERS vehicles AUCTIONEER DOCUMENTATION SECURITY J TOWING SERVICES LIEN SALES Thank you very much for the opportunity. This concludes our proposal. 20 of 20 Attachments Exhibit A [y5 CONIPANV OVERVIEW rt�r -A7-- z k4 i I H.P. AUTOMOTIVE & TOW, INC. ovenue Huntington Park, CA 90250"' Tel: 2 -53-131 H.P. A'CTTOMOTIVE & TOXV, INC. 7300 Roseberry .'' venue t.t.?Z��l.'3.x�.�-'l.on Park, (._!� 4J litJ 010 UUV e Ty'w}'2 5 1 3 j /� Fax: t�G ��'i'•�� Jai MAJOR GOVE&NMENT t PRINATE CONTRACTS + Department of homeland Security California Highway Patrol + Los Angeles County Sheriff Dept 1.East LA Station #.; 2.Century Station 3,Compton Station 4, TSH (Transit Service Bureau) 5.TSD(Traffic Services Detail) c , 6.TRAP( Task Force Regional Auto prevention) 7. Major Crimes Division _ S. Parks Bureau ` + Huntington Park Police Dept. + Vernon Police Dept. a Bell.Gardens Police Dept, + Bell Police Dept A a South Gate Police inept: + Los Angeles School police + Burlington Northern Santa Fe Police Dept(BNT SF) + Lynwood Parking Enforcement + Commerce Parking Enforcement ~ r Many other Commercial Accounts H.P. AUTOMOTIVE & TOW, INC. MOO Rosebe:cry Avenue. Huntington Pat°k, CA 91025115 3 23-583-332w .M.AIN OFFICE ADDITION.U. PICTURES cm!= WAN AD k i� Our, 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. �hTe ha'%re on-duty persomel t:Arenty-four hours a day with_regular patrols round the :lock. We also have modern siraeillance system is place wt'd.ch m-onitor facility up to diirlby days. .ti H.P. AUTOMOTI & TOW, INC. Hunting-toci Park, CA 9025-3 Tel: 23 ; 33 29 OUR CORPORATE, Incorporated � 49 years r _ 1966 �f of service u '4M } a flr Satellites Yards y�(�y We provide comprehensive, omp ehe��.spiveq,�pr�ofep;sgs,�i93o-nal and duality service to �(�r�yagious 'i{���ry�;;v exnyfor-ce• ent agencies, corporate customers 6L11d iSidivillLiS ls. YS�a are a lllwa-s opeli ir.d My staff-led Sf'(ilh p1Vfes' lion , lo-al and experier-ced team nuerobers. Because of the dedication of our team members,�ve have earned a solid reputation of excellence in the towing,and storage service industry, H.P. AUfiOMOTINT & TOW, INC - Lrr.•r: �r.rf�. 73011 1L sebY'rty ! Hunrdn t•ori Park, C' ;;'J>ijf� 4 IEQUtPMENTS k �7iiBd�F63L �� +� a Our fleet is Modern and fully equipped per California-Highway patrol guidelines. �r�l e have the ability to tow light,mediLLm and heavy duty vehicles safely. � => All our drivers go through vigorous trah�g to operate these type of trucker professionally and safely. => All our trucks and operators are f dly insured. All our trucks are well maintained. We constantly invest M oul fleet to meet state and federal regime eats. ti i i w +� H.P.AUTOMOTIVE •` TOW, INC. VEMILle � x All olu trs r r � �Y }} E�IPL4YE ES y � 1 1 ch-ilivers are experienced, eo o _' at all times. Tow is due to our loyal drivers s take greatr our employees to make theirnbetter W H.P. 1L �'CJI�IC rI`I ��}} & T '��'t�, INC. Htintington Park, CA V n:f tom•r_. Tel: 3'23.6,8—1831 LL.iia ax: 323-5)83-3322 tw We provide extensive in-house periodic trainmig for all employees to im- prove their work- shills. We have specially created a Company Standard Operating Procedure and Employee Manual to ensure we maintain high standards of safety and duality of services. �. H.P. AUTOMOTIVE & TOW, INC. Huntington Park, CA .J 025:i Tel. 123-,583-183 1 t PUBLIC . , AUCTION lit + - ��FAY ffERE d e 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 weekJy public auctions on every Friday at 1831 East 53th Street, Los Angeles, CA, . These auctions are held in accordance-vith the pro-Visions of sec- tion 3071 anal 3072 of the Civil `:ode. Every person will bet a chance to inspect the vehicle before they can.bid.. These auctions are Lee end and open to general public. a 7 #A 4N�I Z1r C. 98G� { Atlantic Ave. -701 .ICE IMPOUND & STORAGE Tel, 323. 583. 1 a3? 77.1 Zufi- Cur Secondary facility in South Gate 4 H.P. AUTO1V OTIN E & TOW, INC �-iy �^y 74'3 1�0 1v+.-.c)sehy�e �.ry A�ie ue ia, .cY.. �.:� ';wf7 'et� alf STATEMENT ;MISSION i I v J H.P. iow's I-Ilission is clear and simple. We are committed to provide the most professional and reliable services to o1jr clients and maintain the highest stan- dard in the industs r. WeVVill perform our services with the greatest degree of .- tegrity and honesty. We V--1ill arrays remember to contribute back to the commu- nities for which we provide services to and strive to snake those communities a better place to lure in. We will invest in our operations and in our employees-, always maintaining highest level of safety and training. Ve shall be the role model for our and shall always stripe 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 a 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 Sell, 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 Bel( (Towing coordinator) L9700 Hamilton Avenue Torrance, CA 90502 PH: 310-516-3355 Los Angeles County Sheriff Department: Contact information: Chief Jaynes Lopez Chief Bobby Denham Bash Bakharian (Major Crimes Bureau) (Towing Coordinator Manager) Sheriff Head Quarter 4700 Ramona Blvd. Monterey Parr, CA 90754 PH: 323-526-5000I 323-526-5532 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) 306-7615 v, REFERENCES: Major Crimes Division { L.A.S.D Contact information: Captain James L. Ritenour/ Merrill Ladenheirn 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 .IUI s kn "ic,Blvd STAPLES Ce a SKID MW Avenue DOWNTOWN Ah Sl 60 W Jefferson Blvd A 4'N'lier Blvd Los Vd W '��Bwa eles Montebello 'k iixnia Science Center :-, ;NIZI;PARK G! _ 'N Vemn-Aw N.L 14 Vann;z!rl A.- W 3 VWW W 1.8th 31 cc View Park-Windsor W 54th"It Hills Maywood Hutrington PiCO Rk * Park I Cent,,eja_,� N Florence-Ave Oglewood W Vanch-2slar Ave Florence-Graham Cudahy Beff Garde Sep: South GaU� W z r? IN cimtury Blvd 2 :S -%-y .3 Westmont oowrtey snnox C-s qkk,")Q,� C E%secrars A ---------------------------------- Our computer receipt Upon request, you are entitled to receive a copy of the � Towing Fees and Access Notice. ---------------------------------- H P. Automotive & Tow, Inc. Carrier ID# CA162918 RELEASE Recetpt 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 I 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 from its possession of the Vehicle. Any inoperable Vehicle MUST be towed from the site. our time cards for drivers call CALL RECEIVED AGENCY .~$ ti3 ..,off. ^.� •i[_ t DISPATCHED LOCAMN ,' ON SCENE DISPATCHER y8 IN TOW DRIVER TRUCK# 5� ���z�� a."•— PR CLEARCLEARgg" 38 a '> :; NOTES E fir Tk s S 2 Licenses & Permits posted SENSES & PERMr x 4 a� W s 7.4 C vt � Caat+r �►ry o�S,a�rf► �C�ta Of Od upmncy CMg14�arr of Qcsupane r T R-13-2015 11:12 FROM: TO:13235e33322 � 2.•� :.. PASS EDATE M 8 / ( :� � 1Y1') #Me � � 04 }10 5 RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND anen Insurance Services, Inc. CONFERS NO RIGHTS UPON CERTIFICATE HOLDER.THIS CERTIFICATE 2231 Mulholland Hwy. DOES NOTAMEND,EXTEND ORALT'EIRTHIE'COV°ERAGE AFFORDED BYTHIE ! 4Vy. #209-A POLICIES BELOW. i alabasas CA 91302 COMPANIES AFFORDING COVERAGE 818) 2 2 2-9 0 8 0 COMPANY A ^ LETTER Ore 'on Mutual Insurance Co. COMPANY I3 ISUREI7 LETTER .P. Automotive & Tow, Inc. COMPANY c 300 Roseberry Ave . LETTER COMPANY antington Park CA 90255 LETTER 323) 583-1831 COMPANY E LETTER s.................................o.................:.6....r...........,>:::v;..........ax.,.....•:::v:�:�.::::::.kn:r..x•::::w:::x:�::.;::.:,;,oc n.::.r:.- .t,:•::::::•:::. .. :.:.... 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 REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBERPOLICY EFFECTIVE POLICY E7(PIRATION• LIMITS a DATE(MMIDD/YY) DATE(MMIDD/YY) GENERAL LIABILITY GENERAL AGGREGATE $5 0 0 O 000 .PC COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. S c1 0 0 0 0 0 O cLA1Ms MADE I X i occuR. CIVIC-912 6 5 0 0 5/2 0/14 0 5/2 0/15 PERSONAL&ADV.INJURY $1 O O O 000 OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE S 1 0 0 O 000 FIRE DAMAGE(An ono fire S T100j 000 MED.EXPENSE An one arson S 5 000 AUTOMOBILE LIABILITY COMBINED SINGLE i ANY AUTO k LIMIT a ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS f (Per Person) HIRED AUTOS CMC.'-912 6 6 0 0 5/ 2 0//14 0 5/2 0 r/15 BODILY INJURY fPeracclden4) S �- NON-OWNED AUTOS GARAGE LIABILITY PROPERTY DAMAGE S CESS LIABILITY EACH OCCURRENCE S 1 000 000 [` UMBRELLA FORM CHIC-912 6 b 0 5/2 0/14 0 5/2 0/15 AGGREGATE s 1 000 , 000 OTHER THAN UMBRELLA FORM_ - STATUTORY LIMITS WORKER'S COMPENSATION �J / / EACH ACCIDENT S AND 1 DISEASE-POLICY LIMIT � S EMPLOYERS'LIABILITY DISEASE-EACH EMPLOYEE $ OTHER $ 600, 000 On-Rook 600, 000 Garage sleepers CHIC-912660 5/20/14 05/20/15 $ :SCRIPTION OF OPERATIONS/LOCATIONffM S4L✓'SJ'i iTEd" Dw truck operation artificate Hold er Additional Insured I . .. ::.:.:::>::,..:.:::;;<•:>�•>:�.:;;>:><:<::»> • '.' :;:. Its.....::�:<;�:- >�> <����°:<>:<:-:::< s .:. 9�.:r. ;g} .L''h�� ::;::,:x;:;,:::>:>: >ar.:::>e:;a;.:<::;:;.:<z:a:F::a: i.:::.,::::.e: <:•:+':,.::.,,::,::.:,..:::..:............ FORE THE ' - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BE EXPIRATION DATE THEREOF. THE ISSUING ANY WILL ENDEAVOR TO 1 ty a f Vernon MAIL 3 0 DAYS WRITTEN NOTICE TO THE RTIF ATr10LDER NAMED TO THE Edna �e Ave . ? LEFT. BUT FAILURE TO MAIL SUCH NOT305 3 SE NO OBLIGATION OR 0rnon CA 90058 LIABILITY OF ANY KIND UPON THE COM NIY,1 S OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE K. 2-13-2015 11:13 FROM: TO:13235P3. 322 •,es�E�A E�Mnn>a>: s u rD s: a Et - 0 4 1 1 s 0 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND tnen Insurance Services, Inc . CONFERS Na RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE 2 31 Mulholland land I3 DOES NOT AMEND,MEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE: Hwy, #2 0 9-A POLICIES BELOW, .1abasas CA 91302 COMPANIES AFFORDING COVERAGE ;18} 222-90€30 LETTER ET ERRNY State Compensation Insurance Fund COMPANY C2 VRED LETTER P. Automotive & Tow, Inc. COMPANY C 00 Roseberry Ave. LETTER COMPANY .ntington Park CA 90255 LETTER 3 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 REDUCED BY PAID CLAIMS. I TYPE OF INSURANCE POLICY NUMBER DATE EFFECTIVE POLICY EXPIRATION LIMITS DATE(MM/DD/YY) DATE(MM/DDJYY} 1 GENERAL AGGREGATE $ IMENERAL UAGIUTY COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG, $ CLAIMS MADE=CGCUR. f /� PERSONAL&ADV.INJURY $ OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ FIRE DAMAGE(Any one tire) S MED.EXPENSE(Anyoneperson) S I AUTOMOBILE LIABILITY COMBINED SINGLE $ I ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS / / + (Per person) $ II HIRED AUTOS d ( ` BODILY INJURY $ i NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE S EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM ! AGGREGATE S OTHER THAN UMBRELLA FORM STATUTORY LIMITS WORKER'S COMPENSATION 910113 5—14 0 6 !01/14 0 6/01(`15 EACH ACCIDENT $1, 0 0 0 0.00 AND 1 DISEASE--POLICY LIMIT $1, 000, 0 Q 0 EMPLOYERS'LIABIUTY DISEASE—EACH EMPLOYEE IS1, 000 , 000 OTHER 3cRIPaIoN CF OPERATIONS/LOCA7nONS/V5HICLES/SPECIAL ITEMS m Truck operation �:'•SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING C A WIL ENDEAVOR TO .ter Of Vernon MAIL 3 0 DAYS WRITTEN NOTICE TO THE C 1� E H D TO THE 05 Santa Fe Ave. LEFT, BUT FAILURE TO MAIL SUCH NOTICE HALL P Ir,ATION OR i rnon CA 90 058 :> : LIABILITY AUTHORIZED RE PRE ANY KIND UPON THE COMPANY ITS R ESENTATIVES. �� I ' s¢NTATIVE r 'a: o- �S c I - x!MY ki llw 40 t a 0 t 41p' t _ � k�. AR- 5 - t • fir � .`' %_° � �'� � - * } ' .h - DRIVERS R STAFF PICTURES 10 y. r � 3 ■ �w rr , � . : � \ .�� ' . !( - \\ - � de Corporate Office Z. 3; r --T _ I ' 1 o, { Our Satellites Wards ee S 1:"2 MI pr H*R TOWINC. 9824 Atlantic Ave. POLICE IMPOUND & STORAGE Tel. 323- 583. 1831 Our Secondary facility in South Gate ' � �� r . _ _ a 1 _ _ � i ..� -' -y- .4 "S � {� �� �rt t � '� �+ � ` +� * � � �r { � r _ � - � � � �� ` k � } r ,4 Lr I J `. .. - > { i { l .I LL � .� ,h �4 � ,� -_ '' � a _ �' S ` �� .� �� - _— , . _ � �� t �� - 1 � . �� s�.- � � . � � _ - + A-1' . ' ■ . � � , x � - - .. .. % . . \ . i L •f i 4' F M' r r. Y- 'it #} { - � , - . � , Pdi — — - *0 jet 3 ski . \ � � 31 - . y _ - . �_ - � jo.-- 00 - . � . �. - . � - . )Pl . LOW . _ r.� f . lm& Attachments Exhibit D SAMPLE OF OTHER MUNCIPALITIES AND GOVERNMENT AGENCIES RADepartment Type a#Taw Per Haur Fer Day TES- mm ill Stara. Los An eles Area Fees California Highway Liaht Duty 165.00 65.00 Patrol Medium Duty 200.00 70.00 9000-10,000 None (State wide average Heavy Duty 275.00 75.00 ----rate) mDepartment Type of Tow Per Hour Rer aay (Los Angeles Franchise Los Angeles County Light Dut 131.00 34.00 None 1"Sheriff Medium DiLt��_131-.00 44.00 :ill-9,000 (County wide average Heavy Duty 233.00 44.00 Department Type a#Tow Per Haur Rer day rate) Monthly Ill Los Angeles Police Li2t Duty 121.00 38.00 Dept. Medium Du!� 232.50 53.00 11.0-8000 7% (City wide average rate) Heavy Dut� 251.50 66.50 Department Type of Tow Per Per Day Monthly Taws hise Light Duty 150.00 50.00 Ion Huntington Park 150-225 1, 60.00 (City wide average rate) Medium Du!y 190-00 HeavLDuty 250.010 . 65.00 Vernon Light Duty 150.00 50 00 chise Department Type a#Taw Rer Hour Stara a . 75-125 A Medium Duty 185.ob---1 60.00 !!N/A (City wide average rate) Heavy Duty 275.00 70.00 Per ! • • Department Type of • Per • Wage Fees Light Dut 170.00 45.00 South Gate -Medium Dut 185.00 55.00 175-250 15% (City wide average rate) Heavy Duty 250.00 65.00 Per Day Monthly Tows Franchise . Department Type of Tow Per Hour es a • Bell Light Duty 150.00 55.00 75-100 25K (City wide average rate) Medium Duty 185.00 60.00 Annual Heavy Duty 275.00 70.00 i - •. p- of sHour Per Day Monthly Tows Vracftiii? • • Downey Light Duty 170.00 45.00 150-225 (City wide average rate) Medium Duty 200.00 55.00 n/a Heavy Duty 325.00 60.00 , . To aA t'entugun: In vtdet 4r tY[ter vt�e)-Its,Only.nyt`tered Clr.s caa h+nwSe die lohteK,Alt.aher P 74at+ �Y [�t+fi+e PR aw¢Msn.wtvde in the Ring htt. BRi6re b'OA:b b4 Akwl� , lQ0 Em I .i,'i x• N i r #fiyT L ' Y I R Y2ATE CtIA12T Pit �..or _..._� �a»•sa :..tea M t�0ia as.roa+ ay+ n•.m near r.�>•. s.aa r Nu r — t�yty aw+ar. - Wn aaa - wuta o�vr I aae-+ - ay/ryaa M:.dt..... nN wwa w Y a.MIH MQVaa'f � iMwvY : nTn ib.o+w..O N Pv Miee a.... a.rt...... ��aHA atlas nHY r'!HOUaa t69ar V10.00. UOIM.HOifCB GE6I�m pa}a/ailr/U10aRf��T-W f.tN�i001,M1 Attachments Exhibit E -.1 L 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, PJ KEVIN DE LEON SENATOR 24th Senate District LA:SV f 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 F'. : BOARD OR POLICE STEVE TOWLES COMMISSIONERS `'gyp 4 CHIEF OF POLICE LEONIS C. MALBURG, CHAIRMAN * PHONE THOMAS A. YBARRA (323) 587-5171 WILLIAM M. MCCORMICK _ FAX + '"' .' ►', (323) 826-1481 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 i DANIEL CALLEROS CAPTAIN n City of r UNT1N T N PARKCalifomia POLICE DEPARTMENT 6542 MILES AVENUE, i-UNTINGTON PARK, CAUFORN{A 90255-4386 TaL. (323) 826-6629 • FAx (323) 826-6680 JORGE CISNEROS CHIEF OF POLICE November 10,2011 To Whom it may conern: I 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 that 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_ They have provided prompt, professional towing services to both the general public and law enforcement,24 hours per day seven days per week_ I would recommend considering adding the Huntington. Park Tow Company to provide those services to any community or law enforcement contract.' Very truly yours, ORGE CISNEROS Chief of Police "x nmm City of NT1T*--TtT 'h PAR California POLICE DEPARTMENT 6542 MILES AVENUE,HUNTINGTON PARK,CALIFORNIA 90255-4386 a TEL. (323) 826-6600 - Fax (323) 826-6680 PAUL WADLEY October 2, 2008 CHIEF OF POLICE To Whom It May Concern: I 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. "1"hrouC,out 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. The Huntington i Park Tow Company has been providing those services to our community. 1 would recommend considering adding the Huntington Park Tow Company to provide those services to any community or law enforcement contract. Sincerely, {'AU L WAl Y i BELL, r 01111E DEPARTMENT 6326 PINE AVENUE i BELL, CALIFORNIA 90201 323-585-1245 '4 Steve Belcher June 12 2012 nterim Chief of Police 323-923-2669 To whom it may concern: belcher@cityofbell.or I am pleased to inform you regarding the performance of the Huntington Park Anthony Miranda Captain Towing Service. 'hone:323-923-2627 airanda@cityofbell.org The City of Bel( Police Department has been contracting with H.P.Tow for about Steven Finkelstein a year and a half. During his period of time their service and performance has Captain'hone:323-923-2666 been exceptional. Their response times have been very good and their drivers ikelstein@cityofbell.org provide good customer service. Their driver's uniforms are always clean and TyHenshaw well kept as are the tow trucks which in turn reflect very favorably upon the Lieutenant company. They have worked closely with the department in handling the 'hone:323-923-2670 custody of our stored vehicles and those stored as evidence. To date these .enshaw@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 'hone:323-585-1245 Huntington Park Towing Service. They have provided high levels of customer ext.333 )driauez@cit rofbell.org service for the City of Bell. Albert Rusas Sergeant 'hone:323-585-1245 ext.366 irusas@cityofbell.oxg Art Jimenez Steve Belcher Sergeant 'hone:323-585-1245 Interim Chief of Police ext.250 menez@cityofbell.org Jose Jimenez Sergeant 'hone:323-585-1245 ext.362 menez@cityofbell.or Steve Carrera Sergeant hone:323-585-1245 ext.322 ecarrera a cityofbell.org Greg Clark Sergeant hone;323-585-1245 ext.306 ;clark@cityofbell.org Esbeyda Pimentel Records Manager hone:323-923-2658 mentel@cityofbelf.org 71 Garfield Avenue BELL GARDENS Bel!Gardens, nss,,California 90201-3293 ` 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. ncerely, 1 efTravis, Captain Integrity o Accountability ® Professionalism h City of South. Gate " 8620 CAUFORMA AVENUE•SOUTH GATE CAUFORNIA 9028&3073 •(323)563-5400 FAx (323)563.5488 RANDALL DAVIS CHIEF OF POLICE April 14, 2015 .Timmy 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 & Tow Inc. Officers on dayshift 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 not received any complaints from the public regarding the level of customer 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 infon-nation with your employees. Sincerely, Edward Pere; Patrol Lieutenant �Sh�rr��'� �.��axxtnt�xtf ��ax�x�axaxri�r� *IF . zaxtb�r�-q axrk, &difirntiax 91754—Z1rj LEROY D. BACA,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 Sheriff's Stations that you provide tow service, Century Station, Compton Station, and East Los 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 Sheriff's 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 3,rao6fz'orz 0 &rvzce Mr. Jimmy Sandhu - 2 - November 14, 2011 Sincerely, LEROY D. BACA, SHERIFF `x.. if �ES R: PACHIEF Fi, O S REGION ION IIP E County of Los Angeles Sheriffrs Department Headquarters . . 4700 Ramona Boulevard ° Monterey Park, California 91754-2169 June 12, 2012 To Whom It May Concern: This letter is to provide information regarding H. P. Automotive & Tow service. H. P. Automotive & Tow is currently contracted with the Los Angeles County Sheriffs 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 ��...��ac�ltorz of cScrc;ice c_Srrtee IcS;S� }5 aT � +, • � , �5�r�ri:�i;� �Q��zz-fx�tex�t �e�t��xtzxf�x� F{ )' } x 471919 hIm V ,ffiSSYCtEXvq FFXz'Gt, LEROY D. BACA.SHERIFF September 28, 2011 H rP- Tovd 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 l� Anthony W"CatainTaskforce eg ; 4theft Prevention 57 71_a0l Pion 0 6evoice Century Sheriff's Station Booster Club = 11703 South Alameda Street Lynwood, CA 90262 info@centuryBoosters.com www.centuryBoosters.org July 20, 2009 To Whom It May Concern: Asa local businessman, community activist, and reserved sheriff officer within the department, I 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. I 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, i, JIke Pa I lai 1j+ President Century Sheriff's Station Booster Club Cit LYNWOOD mom Y Of . , ALL-AM ESICA CITY 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310)603-0220 x 271 November 14, 2011 To Whom It May Concern: I 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. I would strongly recommended H.P. Automotive and Tow Service as a worthy company to provide towing and related services to any municipality or law enforcement agency. �inc�fely, J. Whitaker P rking Control Manager C�y of Lynwood m w � N (CCn U � 1' "i I y a ( 0 tz t ow ad w .?F PZ an el , c�C as el M a `� ® a ®Qj ® � ® a w M a • w Ij en Qne� y •� a ® W a a ® eat "" .sue m 73 a v Q)' A C-0 , i , 5 c� 0 I. THE FREEMAN INVESTIGATIVE GROUP, INC. THREAT ASSESSMENT AND SOLUTIONS CONFIDENTIAL INVESTIGATIONS • EXECUTIVE BACKGROUND INVESTIGATIONS ,tune 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 FMFldm 3020 OLD RANCH PARKWAY, SUITE 300 • SEAL BEACH, CALIFORNIA 90740-2751 WWW.FGI-INC.COM - F.FREEMAN@MAC.COM TELEPHONE 562.799.5583 • CELLULAR 962.824.3772 - FACSIMILE 562.799.5501 PI 22�5a EV-NELL CORPORATION 21520 Yorba Linda Boulevard Suite G, #476 Yorba Linda, CA 92887-3762 (714) 692-8619 FAX (909) 425-9028 Fed. I.D.#33-0896297 June 9, 2009 To Whom It May Concern: I would like to take this opportunity to introduce Mr. Sukhbir 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. Sincerely, LUu &�e�, -.7 �� 2 WILLIAM F. SNELL, CHP (Ret) 96162 Motor Carrier Safety Consultant EV-NELL Corporation lean HOICE Lien Service, Inc. 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, /l F Val L'Heureux r President Clear Choice Lien Service,Inc. P.O. Box 159009 San Diego, CA 92175 • 1-800-423-2123 • www.CIearChoiceUens.com ti1Cjy9j� CC. B \� " z CENTRO CRISTIANO BET- L 9641 VIRGINIA AVE. SOUTH =k CA 90280 (323)374-9976 April 1 3, 2015 To Whom It May Concern Greetings! My name is Bishop .Iuan Carlos Mendel. I lead a coalition of 3.000 Churches in the greater I.,os Angeles area. In addition, I ani the pastor of Centro Cristiano Bethel Church, 1 am also one of the leading pastors in Los 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. Jimmy 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 always asking For areas where he can partner with the community. Very few business like to give back to the community, Mr, Sandhu 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 experience that you are lookintD g for. Please contact ire at if you have any questions. I took forward to hearing from you soon. Sincerer ?UairlosMendez, Ed. 11 Affidavit of Non-Collusion AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR STATE OF CALIFORNIA ) )ss COUNTY OF LOS ANGELES ) Jimmy Sandhu being first duly sworn deposes and says that he/*ee is President (Insert"Sole Owner","Partner'',"President."Secretary",or other proper title) of H.P.Automotive&Tow,Inc. (Insert name o i'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 uidirectly 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, 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 tic 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 pemn or persons who have a partnership or other financial interest with said bidder in his/her business. I certify under penalty of perjury t the above information is correct By: Title: President Dater 04-15- 15 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.