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20160816 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 Addendum City of Vernon Regular City Council Meeting Tuesday, August 16, 2016, 9:00 a.m. City Hall, Council Chamber 4305 Santa Fe Avenue ►vjFORh` Vernon, California • William J. Davis,Mayor Yvette Woodruff-Perez,Mayor Pro-Tem Luz Martinez, Council Member nCG � ,roUNOfo ��. Melissa Ybarra Council Member s,��tY 1t"�Ov Leticia Lopez, Council Member PRESENTATIONS—ADDENDUM 28. Public Safety Director Presented by: Lisette Michel Grizzelle, Senior Human Resources Director Regular Agenda Addendum Authorized by the City Council. William J. Davis, Mayor 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 24 hours prior to the meeting set forth on this agenda. Dated this 1 lth day of August 2016. By: Maria E. Ayala City Clerk California Public Records Act ("PRA"): In compliance with the PRA, the documents pertaining to agenda items, including attachments, which are presented to the City Council in open session are available for public inspection. They may be inspected during regular business hours in the Office of the City Clerk at Vernon City Hall, 4305 Santa Fe Avenue; Vernon, California 90058, no appointment necessary, and on the City's website at www.cityofvemon.org. Americans with Disabilities Act ("ADA"): In compliance with the ADA, if you need special assistance to participate in the meeting, please contact the Office of the City Clerk at (323) 583-8811. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. Agenda City of Vernon Regular City Council Meeting O IF YE�,�, Tuesday, August 16, 2016, 9:00 a.m. City Hall, Council Chamber 4305 Santa Fe Avenue 11f11 y Vernon, California William J. Davis,Mayor sf"ZLY ISO Yvette Woodruff-Perez,Mayor Pro-Tem Luz Martinez, Council Member Melissa Ybarra, Council Member Leticia Lopez, 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. PUBLIC HEARING 1. Public Hearing on the Adoption of Amended Water Rate Schedule A Resolution of the City Council of the City of Vernon Adopting a Revised Schedule of Water Rates Recommendation: A. Conduct a Public Hearing and receive testimony regarding the adoption of the proposed Water Rate Schedule; and Regular City Council Meeting Agenda August 16, 2016 B. Find that the proposed action is statutorily exempt from the California Environmental Quality Act ("CEQA")review, in accordance with CEQA Guidelines 15273,because CEQA does not apply to the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, and other charges by public entities done for the purpose of meeting operating expenses, including employee wage rates and fringe benefits, purchasing or leasing supplies, equipment, or materials and obtaining funds for capital projects, necessary to maintain service within existing service areas; and C. Approve and authorize a Resolution of the City Council of the City of Vernon Adopting a Revised Schedule of Water Rates. ORDINANCE 2. Ordinance No. 1236 - An Ordinance of the City Council of the City of Vernon Amending Section 17.16 to Chapter 17 of the Vernon Municipal Code to Modify and Clarify Rules and Regulations for Camping within the City of Vernon and Repealing all Ordinances or Parts Thereof in Conflict Therewith (second reading) Recommendation: A. Find that this Ordinance is exempt from California Environmental Quality Act("CEQA")review, because the action proposed is administrative and related to general policy 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; and B. Adopt ordinance amendment to Section 17.16 of Chapter 17 of the Vernon Municipal Code to 1) modify and clarify the language in the Camping Ordinance, and 2) encompass, among other situations, camping in recreational vehicles. PRESENTATIONS 3. Eco-Rapid Transit Proiect Update Presented by: Mike Kodama, Executive Director, Eco-Rapid Transit 4. Service Pin Awards for July 2016 Presented by: Lisette Grizzelle, Senior Human Resources Analyst AME DEPARTMENT TITLE YEARS Ernesto A. Smith JCity Administration/IT Division Information Technology Manager 10 Page 2 of 8 Regular City Council Meeting Agenda August 16, 2016 CONSENT CALENDAR - All matters listed on the Consent Calendar are to be approved with one motion. Items may be removed from the Consent Calendar by any member of the Council. Those items removed will be considered immediately after the Consent Calendar. Claims Against the City— Received and Filed 5. Claim for Damages from Jose Alfredo Urbina received on August 1, 2016 in the amount of$200 Minutes—To be Received and Filed 6. Minutes of the Regular City Council Meeting held August 2, 2016 Warrant Registers 7. Approval of City Payroll Warrant Register No. 722, totaling $3,167,197.10, which covers the period of July 1 through July 31, 2016 and consists of the following: A. Ratification of direct deposits, checks and taxes totaling $2,237,445.03; and B. Checks and electronic fund transfers (EFT) totaling $929,752.07. 8. Approval of City Warrant Register No. 1454, totaling $1,760,724.37, which covers the period of July 26 through August 8, 2016, and consists of the following: A. Ratification of wire transfers totaling $1,130,305.91; and B. Ratification of the issuance of early checks totaling $477,470.07; and C. Authorization to issue pending checks totaling $152,948.39. 9. Approval of Light & Power Warrant Register No. 419, totaling $1,514,090.85, which covers the period of July 26 through August 8, 2016, and consists of the following: A. Ratification of wire transfers totaling $1,383,297.98; and B. Ratification of the issuance of early checks totaling $69,614.60; and C. Authorization to issue pending checks totaling $61,178.27. 10. Approval of Gas Warrant Register No. 207, totaling $170,772.93, which covers the period of July 26 through August 8, 2016, and consists of the following: A. Ratification of wire transfers totaling $149,905.00; and B. Ratification of the issuance of early checks totaling $20,867.93. Page 3 of 8 Regular City Council Meeting Agenda August 16, 2016 Fire Department 11. Activity Report for the period of June 16 through June 30, 2016 12. Activity Report for the period of July 1 through July 15, 2016 13. Activity Report for the period of July 16 through July 31, 2016 Gas and Electric Department 14. Contract for Electric Service (No. 16-DSR-12650) and Amended and Restated Implementation Agreement (No. 95-PAO-10616) among the City of Vernon, the Bureau of Reclamation, and Western Area Power Administration Recommendation: A. Find that (a) the Contract for Electric Service (No. 16-DSR-12650) and Amended and Restated Implementation Agreement (No. 95-PAO-10616) among the City of Vernon, the Bureau of Reclamation, and Western Area Power Administration is not in reference to a"project" subject to the California Environmental Quality Act (CEQA) under Guidelines section 15378 because it involves the administrative activity of extending an existing contract for purchase of electricity; and(b) even if this approval were a "project" subject to CEQA, the approval requested is exempt in accordance with CEQA Guidelines Section 15301(b), the general rule that CEQA only applies to projects that may have an effect on the environment because the purchase of electricity is purely a financial transaction, and any construction that may occur by a private party in the future in reliance on this approval would be subject to CEQA review by another governmental agency at that time when actual details of any physical proposal would be more than speculative; and B. Approve the Contract for Electric Service (No. 16-DSR-12650) and Amended and Restated Implementation Agreement (No. 95-PAO-10616) among the City of Vernon, the Bureau of Reclamation, and Western Area Power Administration, for the purpose of purchasing federally generated hydropower from the Hoover Power Plant from October 1,2017 through September 30, 2067; and C. Authorize the City Administrator to execute the Contract for Electric Service(No. 16-DSR-12650) and Amended and Restated Implementation Agreement(No. 95-PAO-10616). Police Department 15. Activity Log and Statistical Summary of Arrests and Activities for the Period of July 16, through July 31, 2016, to be Received and Filed Page 4 of 8 Regular City Council Meeting Agenda August 16, 2016 16. 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 it is a continuing administrative 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; 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. Public Works, Water and Development Services Department 47. Building Department Report for the Month of July 2016 qr NEW BUSINESS City Administration Department 18. A Resolution of the City Council of the City of Vernon Appointing Lisette Grizzelle to Serve as the Interim Director of Human Resources of the City of Vernon Recommendation: A. Find that appointment of Lisette Grizzelle as the Interim Director of Human Resources is exempt from California Environmental Quality Act ("CEQA") review, because it is a general administrative 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 appointing Lisette Grizzelle to serve as the Interim Director of Human Resources effective August 18, 2016. 19. 24th Annual "Sabor de Mexico Lindo Downtown Festival" Recommendation: A. Find that the approval of the City of Vernon's partnership with the Greater Huntington Park Area Chamber of Commerce to co-host the "Sabor de Mexico Lindo Downtown Festival" is exempt from California Environmental Quality Act ("CEQA") review, because it is a general administrative 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. Page 5 of 8 Regular City Council Meeting Agenda August 16, 2016 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 the City of Vernon's partnership with the Greater Huntington Park Area Chamber of Commerce to co-host the "Sabor de Mexico Lindo Downtown Festival" located in Vernon on Pacific Blvd., between Leonis Blvd. and Santa Fe Ave. The festival is scheduled for September 30—October 2, 2016. Finance Department 20. Authorization to Enter into a Contract with PFM Financial Advisors LLC (PFM) for Financial Advisory Services for Fiscal Years 2017 through 2019 Recommendation: A. Find that entering into a contract with PFM Financial Advisors LLC (PFM), a registered advisor to provide financial advisory services is exempt under the California Environmental Quality Act (CEQA). The scope of the work to be performed is a continuing administrative 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. In addition, even if was determined to be a project, it would be exempt from CEQA review in accordance with Section 15061(b)(3), the general rule is that CEQA only applies to activities that may have a significant effect on the environment; and B. Authorize the City Administrator to execute a three year professional services agreement for fiscal years 2017 through 2019, with PMF Financial Advisors LLC, to perform financial advisory services. Find that the agreement is exempt from competitive selection based on the determination that it is in the best interest of the City to approve a direct award of the contract pursuant to City Code Article IV Section 2.17.12(B)(2)based upon PFM's firm expertise and technical merit. (The proposed contract is exempt from competitive bidding pursuant to City Code Article IV Section 2.17.12(A) (10), referring to contract for professional services.) Fire Department 21. Approval of Services Agreement with Kalmikov Enterprises, Inc. DBA Fire Apparatus Solutions for Fire Apparatus Mechanic Services Recommendation: A. Find that approval of the proposed services agreement for Fire Apparatus Mechanic Services 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 Page 6 of 8 Regular City Council Meeting Agenda August 16, 2016 B. Accept the proposal of Kalmikov Enterprises, Inc. dba Fire Apparatus Solutions, as the lowest responsive and responsible bidder and enter into a three-year service contract, effective July 1, 2016, for an amount not to exceed $405,000.00, for Fire Apparatus Mechanic Services; and C. Reject all other proposals. Health and Environmental Control Department 22. Approve and Authorize Amendment No. 2 to the Services Agreement for Solid Waste Consulting Services with MSW Consultants,Inc. for a Ninety (90) Day Extension Recommendation: A. Find that approval of the proposed ninety (90) day extension of the Solid Waste Consulting 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. Find that, pursuant to Council's authority under Vernon Municipal Code § 2.17.12(B)(2) and for reasons set forth in this staff report, "the best interests of the City are served by a direct award (extension) of the contract without a competitive selection process"; and C. Approve and authorize the execution of Amendment No. 2 for a ninety (90) day extension of the Solid Waste Consulting Services with MSW Consultants, Inc. and the City of Vernon Health and Environmental Control Department with cumulative costs that will not exceed the current contract's maximum yearly total of $260,000, and commencing November 1, 2016 and not to exceed ninety(90) days. Public Works,Water and Development Services Department 23. Approval of a Funding Agreement for the Atlantic Boulevard Bridge Rehabilitation and Widening Project between the City of Vernon and the Los Angeles County Metropolitan Transportation Authori Recommendation: A. Find that the approval of the proposed Funding Agreement is consistent with the Initial Study/Mitigated Negative Declaration prepared for this project by the City of Vernon pursuant to the provisions under the California Environmental Quality Act (CEQA) in accordance with Section 15063; and B. Approve the Measure R Funding Agreement between the City of Vernon and the Los Angeles County Metropolitan Transportation Authority, for the Atlantic Boulevard Bridge Rehabilitation and Widening Project, Federal Project No. DBPL02-5139(010); and C. Authorize the Mayor to execute the funding agreement. Page 7 of 8 Regular City Council Meeting Agenda August 16, 2016 ORAL REPORTS 24. City Administrator Reports — brief reports on activities and other brief announcements by the City Administrator and Department Heads. 25. City Council Reports —brief AB 1234 reports, or report on: activities, announcements, or directives to staff. CLOSED SESSION A 26. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (2) Government Code Section 54956.9(a) A. Name of Case: City of Vernon vs. Citigroup Energy Inc., et al. United States District Court Southern District of New York Case No. CV 16-2405 B. Name of Case: Jerrick Torres and Lyndon Ong Yiu vs. City of Vernon, et al. Los Angeles Superior Court Case No. BC620265 27. PUBLIC EMPLOYMENT Government Code Section 54957(b)(1) Title: Director of Health and Environmental Control 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 11h day of August 2016. By: Maria E. Ayala City Clerk Page 8 of 8 RECEIVED RECEIVED AUG 112016 µ{/- AUG 0 8 2016 CITY CLERK'S OFFICE - CITY ADMINISTRATION STAFF REPORTS-�o-I� DEPARTMENT OF PUBLIC WORKS, WATER AND DEVELOPMENT SERVICES DATE: August 16, 2016 TO: Honorable Mayor and City Council FROM: Derek Wieske, Director of Public Works, Water and Development Services Originator: Scott B. Rigg, Public Works and Water Superintendent '*/ RE: Adoption of Amended Water Rate Schedule Recommendation A. Conduct a Public Hearing and receive testimony regarding the adoption of the proposed Water Rate Schedule; and B. Find that the proposed action is statutorily exempt from the California Environmental Quality Act ("CEQA") review, in accordance with CEQA Guidelines 15273, because CEQA does not apply to the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, and other charges by public entities done for the purpose of meeting operating expenses, including employee wage rates and fringe benefits, purchasing or leasing supplies, equipment, or materials and obtaining funds for capital projects, necessary to maintain service within existing service areas; and C. Approve and authorize a Resolution adopting the proposed Water Rate Schedule. Background The City's Water Enterprise Fund is intended to be self-funded through revenues collected from the above-mentioned meter, commodity, and square footage charges. The City last increased its water rates on March 1, 2015. The City's water rates are currently split into three components, a meter charge, commodity charge, and square footage charge to accurately capture costs. On December 15, 2015, the City Council authorized staff to begin the California Proposition 218 process in order to receive testimony regarding the adoption of the Amended Water Rate Schedule. Since that time, the Department of Public Works, Water and Development (Department) performed a comprehensive financial analysis to ascertain the current revenue requirements to fully fund the City of Vernon's Water Enterprise costs. Based on the projected costs for Fiscal Year 2016-2017, the water rates should be adjusted. Proposed Rates Staff recommends that water rates will need to be adjusted based on the Fiscal Year 2016-2017 Budget. The majority of the water rate increase is driven by an increase in both the replenish assessment costs for pumped water and imported surface water supplies needed to augment City water demand conditions; and the need for capital improvements to the water distribution system. The Commodity Rate, which is currently at$1.832 per Hundred Cubic Feet(HCF), is proposed to be adjusted to $2.097 per HCF. The Square Footage Rate, which is currently at $0.00362 per Square Foot, is proposed to be adjusted to $0.00319 per Square Foot. The meter rate adjustments are shown in the table below. Table No. 1 —Meter Charge Meter Size Current Rate Proposed Rate 518" $ 7.52 $ 8.23 314" $ 11.29 $ 12.34 1" S 18.82 $ 20.57 1.5" $ 37.65 $ 41.15 2.0" $ 60.23 $ 65.84 3.0" $112.93 $123.45 4.0- $188.23 $205.75 6.0" $376.46 $411.50 8.0' $602.33 $658.41 Staff has estimated the overall proposed blended rate, which includes the Commodity Rate, Square Footage Charge, and Meter Charge to be 6.53%. Automatic Pass Throuah and Inflation Adjustments The proposed potable commodity rate (volumetric charge)of$2.097 includes the following Water supply charges: Table No. 2—Water Supply Clue ern Provider Purpose Portion of$2.097 Water Replenishment District Replenishment of Central of Southern California Water Basin $0.7064 Central Basin Municipal Water District I Purchased Water Charges 1 $0.4033 It is proposed that, through January 1, 2021, if either of these providers change their rates as applicable to the City,the respective portion of the volumetric charge will automatically adjust by the percentage change in the entity's applicable rate, causing an adjustment to the $2.097 rate. Additionally, each January 1, beginning January 1, 2017 and ending January 1, 2021, the Page 2 of 3 volumetric charge would automatically adjust for pass through costs received originating from water purveyors. If the City Council adopts the attached resolution them these pass through adjustments would then take effect without additional hearing by the City Council. Public Notification Proposition 218 requires all local governments, including charter cities, to provide notification to impacted property owners and tenants of any impending rate adjustments. On June 28, 2016, staff sent out a Public Notice to all impacted water customers. A copy of this notice is included as Attachment 2. Attachment 1. Resolution Adopting Proposed Water Rate Schedule 2. Notice of Public Hearing Page 3 of 3 4305 Santa Fe Avenue City of Vernon Vernon,CA 90058 (323)583-8811 ems'"xir 17"h + NOTICE OF PUBLIC HEARING REGARDING THE PROPOSED WATER RATE ADJUSTMENT The City Council of the City of Vernon will conduct a Public Hearing, which you may attend. PLACE: City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 DATE & TIME: Tuesday, August 16,2016, at 9:00 A.M. REQUEST: Water Rate Adjustment The City of Vernon is currently in the process of adjusting its water rates. You are receiving this notice because our records indicate that you are a water customer or property owner in the City of Vernon. The proposed adjustment to the water rates is needed to cover an increase in the following operating costs: • Replenishment assessment for pumped water; • Imported surface water supplies to augment the City's water demand requirements; and • Capital improvements needed to maintain the City's water system. PROPOSED CEQA FINDING: On Tuesday, August 16, 2016, at 9:00 a.m., staff plans to recommend that the Vernon City Council adopt the proposed water rate adjustment, thereby determining that the proposed adjustment to the water rates will not have a significant effect on the environment pursuant to the California Environmental Quality Act (CEQA). The new rates, if approved by the City Council, are proposed to take effect September 1, 2016. Proposed Rate Schedule Each customer's potable water bill is composed of three separate rate components: (i) a monthly charge based on the customer's meter size; (ii) a volumetric charge based on the volume of water actually consumed by the customer; and (iii) a charge based on the number of square feet in the customer's premises. This rate structure was designed to ensure that each customer is charged for only the cost of providing service to that customer. In Vernon, which is an industrial city by design, many water customers normally consume relatively little water on site, but rely on the constant availability of pressurized water from their potable connection for on-site fire safety purposes. The square footage charge reflects the cost of operating and maintaining infrastructure that allows this constant water availability to all customers. To help customers compare the impact of the proposed rate adjustment, the following scenario is provided: For a water customer with a 4" meter and 50,000 square foot manufacturing operation, using 5,500 Hundred Cubic Feet (11CF) of water at the current rate, the monthly water charge would be $10,447 and would increase to $11,900 under the proposed Water Rate Adjustments. For a water customer with a 2" meter and 50,000 square foot manufacturing operation, using 200 HCF of water at the current rate, the monthly water charge would be $609 and would increase to $646 under the proposed Water Rate Adjustments. The overall blended rate increase equates to 6.53%. The following tables show the existing and proposed potable water rates: Meter Charge Volumetric Charge (per month) (per hundred cubic feet of water) Meter Size Current Proposed i Current Proposed 51" $7.52 $8 23 $1.832 $2.097 314" I $1 I.29 $12.34 I" $18.82 $20.57 1.5" $37.65 $41.15 2.0" $60.23 $65.84 3.0" $I 12.93 $123.45 Square Foot Charge 4.0" $18823 $205.75 (per improved square foot) 6.0" $376.46 $411.50 i Current Proposed 8.0" $602.33 $658.41 $0.00362 $0.00319 Automatic Pass Through and Inflation Adjustments The proposed $2.097/HCF volumetric charge includes in the following water supply charges shown in the table below: Provider Purpose Portion of$2.097 Water Replenishment District Replenishment Assessment to of Southern California Supply Water to City Wells S0.7064 [Central Basin Municipal Water District Purchased Water Charges $0.4033 Through January 1, 2021, if either of these providers change their rates as applicable to the City, the respective portion of the volumetric charge will automatically adjust by the percentage change in the entity's applicable rate, causing an adjustment to the $2.097 rate. Additionally, each January 1, beginning January 1, 2017 and ending January 1, 2021, the volumetric charge will be automatically adjusted for pass through costs received originating from water purveyors. These pass through adjustments will take effect without an additional hearing by the City Council. You will be mailed a notice of any pass through adjustment before it goes into effect. *HCF=Hundred Cubic Feet (748 Gallons) 2 of 3 Your Opportunity to Be Involved On Tuesday, August 16,2016 at 9:00 a.m. in the City Council Chambers located at 4305 Santa Fe Avenue, Vernon, CA 90058, the City Council will hold a public hearing on the proposed water rates. At the hearing, the Council will consider all oral and written testimony regarding the proposal. You may also submit a formal written protest against the rate increase proposal (which includes the automatic adjustments). Written protests must be signed by a customer or property owner, and must include the assessor's parcel number or street address of the property for which the protest is submitted. Written protests may be delivered to the City Cleric at the public hearing, or mailed or delivered to the City Clerk at Vernon City Hall, 4305 Santa Fe Avenue, Vernon, California, 90058. Protests which are mailed or delivered to the City Clerk's Office must arrive at Vemon City Hall by 9:00 a.m. on August 16, 2016 to be counted. If at the conclusion of the public hearing, written protests against the rate increase proposal have been filed (and not withdrawn) with respect to a majority of the parcels subject to the proposed increase, the City Council will not adopt the increase. Protests will be accepted and tabulated according to the City's adopted Policy Goveming the Acceptance and Tabulation of Utility Rate Protest: You can view the City's adopted Policy Governing the Acceptance and Tabulation of Utility Rate Protest at http://www.cityofvernon.org/utilityrateprotests/. Miscellaneous Rates In addition to the general rates shown above, the City has special additional service charges for (i) fire suppression-only service connections; (ii) standby connections for customers primarily serviced by private wells; and (iii) temporary connections. You can view these rates, at http://www.cityofvemon.org/misccharges/. Questions For more information about the proposed water charges you may contact Scott B. Rigg, Public Works and Water Superintendent, at 323-583-8811 ext. 279. The documentation supporting the proposed water charges is available in the office of the Department of Public Works, Water and Development Services, Vernon City Hall, 4305 Santa Fe Avenue, Vernon, California, between the hours of 7:00 a.m. and 5:00 p.m. Monday through Thursday. Americans with Disabilities Act (ADA): In compliance with ADA, if you need special assistance to participate in the meeting, please contact the Office of the City Clerk at (323) 583- 8811, ext. 897. Dated: (o Maria y City Clerk 3 of 3 mom m� m me m_ mma •• e r sie a ova° CL �o • roCO YO nl oN� N0 o�Lpv°Ba■ Ecm— o �UJ:m m W:F=E'7.rf'-a�~ MItmE �ma Wm°'•'r4¢,1 pa v nm�o C Cm PL 041J -C_ CC, �qt CL aC Voao-�Ce e•C O • R •mz Z>Tp acme aCJ,Lm„C•� E 1!a c ¢c�a '- o _ E � + a+- Q?gy m • ' Sm mm uor �E� ;a Q�i* �4}�+ =� E t H. ■4 _rmm o c•a E3 m e oa c3mao�a� _amo t �Ec a � "t ,°, ■ ��0 5 m L o o s a m Omt ~ s ao m ;O a�A n SM 7 ��.^ •Lc 0'00 Fim m� a. ' mL. 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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ADOPTING A REVISED SCHEDULE OF WATER RATES WHEREAS, pursuant to Article 1 of Chapter 25 of the Vernon City Code, the City charges rates to its water customers to fund the City' s water enterprise; and WHEREAS, the City' s existing water rates are insufficient to fully fund anticipated enterprise costs; and WHEREAS, Section 25 . 1 of the Vernon City Code authorizes the City Council to set water rates by resolution; and WHEREAS, on December 15, 2015, the City Council of the City of Vernon authorized staff to begin the California Proposition 218 (Proposition 218) process in order to receive testimony regarding the adoption of the Amended Water Rate Schedule; and WHEREAS, the proposed water rates include automatic pass through and inflation adjustments as set forth in the Resolution of Intention; and WHEREAS, on August 16 , 2016, the City Council held a full and fair public hearing regarding the proposed water rates (the "Public Hearing" ) ; and WHEREAS, as required by law, notice of the Public Hearing was mailed to all affected water customers not less than 45 days prior to the hearing; and WHEREAS, pursuant to the City' s adopted "Policy Governing for the Acceptance and Tabulation of Protests" (the "Protest Policy" ) the City Clerk has accepted written protests against the proposed water rates; and WHEREAS, the City Clerk has determined and the City Council hereby confirms that a majority protest against the proposed water rates does not exist; and WHEREAS, the City Council of the City of Vernon desires to revise the City' s water rates . 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 the California Environmental Quality Act ("CEQA"} review, in accordance with CEQA Guidelines 15273 , because CEQA does not apply to the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, and other charges by public entities done for the purpose of meeting operating expenses, including employee wage rates and fringe benefits, purchasing or leasing supplies, equipment, or materials and obtaining funds for capital projects, necessary to maintain service within existing service areas . SECTION 3 : The City Council of the City of Vernon hereby adopts the Schedule of Water Rates set forth in Attachment "A" to this Resolution subject to the automatic pass through and inflation adjustments set forth in Attachment "B" to this Resolution. Staff is authorized to implement the automatic adjustments and cause such adjustments to take effect without further action by the City Council . Such automatic adjustments shall not constitute "increases" in the water rates for purposes of Article XIII D, Section & of the California Constitution. - 2 - SECTION 4 : The rates approved by this Resolution shall be effective as of September 1, 2016 . SECTION 5 : The City Council of the City of Vernon finds and determines that : (a) Revenues derived from the rates imposed by this Resolution will not exceed the funds required to provide water service. (b) Water rates are used solely to fund costs associated with providing water service, and, therefore, revenues derived from the rates imposed by this Resolution will not be used for any purpose other than providing water service. (3) The amount of water rates imposed upon any parcel or person as an incident of property ownership will not exceed the proportional cost of the service attributable to the parcel . (4) Water rates are imposed only for services actually used by, or immediately available to, the water customer. (5) The water rates are not imposed for general governmental services where the service is available to the public at large in substantially the same manner as it is to property owners. 3 - SECTION 6 : The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the City Clerk' s, or Deputy City Clerk' s, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 16th day of August, 2016 . Name: Title: Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: '' Brian n, Deputy City Attorney - 4 - STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, August 16, 2016, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. . Executed this day of August, 2016, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) - 5 - ATTACHMENT A Attachment A Schedule of Water Rates Basic Rates A. Monthly meter rates (VMC Sec . 25 .2) Meter Size Rate 5/8" $8 . 23 $12 . 34 1" $20 . 57 1 . 5" $41 . 15 2 . 0" $65 . 84 3 . 0" $123 .45 4 . 0" $205 . 75 6 . 0" $411 . 50 8 . 0" $658 .41 B. Monthly user' s rates (VMC Sec . 25 . 3) $2 . 097 per hundred cubic feet C. Monthly square foot rates (VMC Sec. 25 . 5) $0 . 00319 per square foot Special Rates D. Add' 1 Monthly Rate for Fire Sprinkler Connection (VMC Sec. 25.4) $2 . 00 per month, if metered $0 . 25 per sprinkler-head, if unmetered E. Minimum Charges for Temporary Service (VMC Sec. 25 . 6) $200 per initial installation $50 per relocation F. Deposit for Temporary Service (VMC Sec. 25. 7) $1, 000 G. Standby Service-- Minimum Monthly charge (VMC Sec. 25 .2) 2" Meter: 6000 cubic feet $125 . 82 3" Meter: 15, 000 cubic feet $314 . 55 4" Meter: 30, 000 cubic feet $629. 10 6" Meter: 75, 000 cubic feet $1, 572 . 75 8" Meter: 150, 000 Cubic feet $3, 145 . 50 A - 1 If consumption is at or below minimum, customer pays volumetric charge (Basic Rate B) based on minimum consumption, rather than actual consumption. Additionally customer must pay meter charge (Basic Rate A) based on meter size H. Recycled Water Rates (VMC Sec . 25 .3) Malburg Generating Station: $0 .434 per hcf All Others : $1 . 381 per hcf A - 2 ATTACHMENT B Attachment B Automatic Adjustments Pass Through Adjustment The $2 . 097/ hcf volumetric charge includes the following water supply charges : Provider Charge Portion of $1 . 723 Water Replenishment District Replenishment 0 . 7064 cents Of Southern California Assessment Central Basin MWD Water Charges 0 .4033 cents Through January 1, 2021, if either of these providers change their rates as applicable to the City, the respective portion of the volumetric charge will automatically adjust by the percentage change in the entity' s applicable rate, causing an adjustment to the $2 . 097 rate. Inflation Adjustment Each January 1, beginning January 1, 2017 and ending January 1, 2021, the volumetric charge would automatically adjust for pass through costs received originating from water purveyors . B - 1 RECEIVED JUL 2 5 zols RECEIVED CITY CLERK'S OFFICE ' ,,,, * ' JUL 0 5 2016 STAFF REPORT CITY ADMINISTRATION VERNON POLICE DEPARTMENT DATE: August 2, 2016 TO: Honorable Mayor and Council Members FROM: Daniell Calleros, Chief of Police V RE: AN ORDINANCE AMENDING SECTION 17.16 TO CHAPTER 17 OF THE VERNON MUNICIPAL CODE TO MODIFY AND CLARIFY RULES AND REGULATIONS FOR CAMPING WITHIN THE CITY OF VERNON AND REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT THEREWITH Recommendation A. Find that this Ordinance is exempt from California Environmental Quality Act("CEQA") review,because the action proposed is administrative and related to general policy 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; and B. Approve the first reading, and adopt at a subsequent meeting, an ordinance amending Section 17.16 of Chapter 17 of the Vernon Municipal Code to 1)modify and clarify the language in the Camping Ordinance, and 2) encompass, among other situations, camping in recreational vehicles. Backeround Over the past several months police personnel have noted a spike in incidents of homeless individuals using public areas for personal use. In reviewing the City Ordinances related to the use of public areas, we have identified a few gaps in coverage and areas that could be strengthened to ensure consistent and fair application of the laws. Activities associated with the use of public areas may become disturbing to residents and businesses and could contribute to a loss of access and enjoyment of public places. In addition, these types of activities might enhance a sense of fear, intimidation, and disorder. The proposed ordinance will enhance current prohibition of camping on public areas and further define prohibition and storage of personal property in such areas. Fiscal Imaact This amendment to the Vernon Municipal Code has no budgetary impact. Attachments) 1. Proposed Ordinance CITY OF VERNON CITY COUNCIL wit t INS AUGUST 2,2016 0 COMET Thursday, July 14, 2016 ORDINANCE NO. 1236 SUMMARY (Amending Section 1 rule to d regulations 17 of the t!@mcn frw thin the Code IFIED @ EGPNE W S C 4M to modify and clarify rules and regulations for camping withal the City • of Vernon and repealing all ordinances or parts lf►areof In conflict t Group 33uh iPfifi>XTiS, ti[_ therewith} -lP A CERTIF*0 COPY OF THE FULL TEXT OF PROPOSED ORDINANCE NO.1236 1SAV{ULAOLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 5AN TA r-E AVENUE.VERNON,CALIFORNIA. Ordinance No.1236 was duly introduced at a regular meeting of the City Council of the City of Vernon held on August 2,2015. Ordinance No.12M is scheduled to be considered for adoption by said Council at a regulsr NOTICE INill� 1} , meeting to be held on August 16,2016. The proposed Ordinance No. 1236 would amend Section 17.16 to For Chapter 17 of the Vernon Municipal Code tb modify and clarify rules Litter Installation A 11111.ehabilk&60a Of and regulations for camping within the City or Vernon and repealing all Water PrDdpplien W6II No. I (CS-0716) ordinances or parts thereof in conflict therewith. In th# City of Vernon,Callrtfornia Marie E.AyaLp:. G:'y Clerk of the City of Veman,does her6try certi that Ordinance W. 123�was duly introduced to the City CouwA of the City of Bids are to be signed and submitted in TRIPLICATE. ONE ORIGINAL Vernon at a regular meeting held on August 2,2D 16.ead said Ordinance AND TWO COPIES of sealed bids must be received prior to 2:00 p.m., is scheduled to be considered for adoption at a regular meeting of the City on August 18,2016,by the City Clerk, City of Vernon,4305 Santa Fe Council to be held on August 16,2016. Avenue,Vernon,CA 90058,('Bid Deadline'). Dated:August 4 16 13J M-12 E Avala.City Clerh All bids shall be enclosed In sealed envelopes, distinctly marked "Bid" with the title of the bid and the bidder's name address appaar[ng on the outalda. Fina * . B Mail sufficiently early or deliver in person before 2:00 p.m. on the day listed In the Notlee Inviting Bids. Bids meet he received in the Clty Clerk's Olece bafnre That time. At the bid opening,the City Clerk eh;[t open bid packages and acknowledge the receipt of Bids. Once all bid packages.sfe opened and announced,the Bid Forms will be made available for public review. I� NO LATE BIDS WILL BE ACCEPTED This miss ehau tie dearly Ned Copies of the Bid Documents,Plans and 3wiricatipris are available at no charge at the Public Works,Water and -- -- Deveiopmsnt Semeas Counter, City of Vernon,4305 Santa Fe Avenue, Vernon,between 7 a.m.and 5:30 P.m,Monday through Thursday Anon- refundable fee of$20.00 will be charged if mailing is requested by calling i323 i 5821-8811 A mandatory pre-bid meeting to answer any questions regarding the project plans and specifications is scheduled for Thursday, August 4, 2016, at 10:00 a.m. in the []apartment of Public Works, Water and Development Services,4305 Santa Fe Avenue,Vernon,Califomia. This meeting is to answer any questions regarding the project plans and specifications. City of Vernon Contact Person, Mike DeFrank,Public Works and Water Coordinator Phone-(323)5e3.8811 x268 / Facsimile;(323)826-1435 r i G Email:mdefrank@ci.vernon ca us e5 CITY OF VERNON _+G NOTICE OF PUBLIC NEARING The City of Vernon will conduct a Public Hearing,which you may attend. PLACE: Vemon City Hall,City Council Chambers 4305 Santa Fe Avenue,Vernon Ca 90058 DATE 3 TIME: Tuesday,August 2,2016,at 9:00 a.m. REQUEST: Adoption of the following amendments to Vernon Municipal Code Chapter 17,Section 17A& 1) Modify and clarify the language in the Camping Ordinance;and 2) Encompass,among other sttuations,camping in recreational vehicles REVIEW Notice is hereby given that a hard copy of the proposed OF THE ordinance will be available for public review during normal DOCUMENT: business hours In the City Clerk Department, located at Vernon City Hall, 4305 Santa Fe Avenue, Vernon, California 90058,between the hours of7:00a.m and5:30p.m. PROPOSED Staff plans to recommend that the Vernon City Council CEQA adopt the Amendments to the Vernon Municipal Code FINDING: Chapter 17, Section 1716, determining that the amendments will not have a significant effect on the environmental and are exempt from the California Environmental Quality Act(CEQA) If you challenge the adoption of this plan,or the CEQA documentation or finding,or&ny pnsviaaDns thereof in court.you may be limited io rdts;ng only those issues you or#Qmeone else raseed of the hearing describe4•n this notice or ir.written correspondence de—ered Po the City of Vernor.at, or prior to,the meeting. Americans with Disabilities Act(ADA)-, In compliance with ADA,if you need special assistance to participate in the rttseling,please contact the Office of the City Clerk at(323)583-8811 The hearing may be continued or adjou mad or cancelled and rescheduled to a stated time and place without further notice of a public hearing.If you vX 4305 Santa Fe Avenue � City of Vernon ` • _ Vernon,CA 90058 . k (323) 583-8811 NOTICE OF PUBLIC HEARING The City of Vernon will conduct a Public Hearing,which you may attend. PLACE: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon,CA 90058 DATE& TIME: Tuesday,August 2,2016,at 9:00 a.m. REQUEST: Adoption of the following amendments to Vernon Municipal Code Chapter 17,Section 17.16: 1) Modify and clarify the language in the Camping Ordinance;and 2) Encompass,among other situations,camping in recreational vehicles. REVIEW OF THE DOCUMENT: Notice is hereby given that a hard copy of the proposed ordinance will be available for public review during normal business hours in the City Clerk Department, located at Vernon City Hall, 4305 Santa Fe Avenue, Vernon, California 90058, between the hours of 7:00 am. and 5:30 p.m. Monday through Thursday. PROPOSED CEQA FINDING: Staff plans to recommend that the Vernon City Council adopt the Amendments to the Vernon Municipal Code Chapter 17,Section 17.16,determining that the amendments will not have a significant effect on the environment and are exempt from the California Environmental Quality Act(CEQA). If you challenge the adoption of this plan, or the CEQA documentation or finding, or any provisions thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. Americans with Disabilities Act(ADA): In compliance with ADA, if you need special assistance to participate in the meeting, please contact the Office of the City Clerk at (323) 583-8811. The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and place without further notice of a public hearing. If you have any questions or concerns, please contact Daniel Calleros,Police Chief by phone at (323) 583-8811 extension 114 or by email at dcalleros@covpd.org. DaLei: i r aria E. Ayala, ity Clerk ORDINANCE NO . 1236 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING SECTION 17 . 16 TO CHAPTER 17 OF THE VERNON MUNICIPAL CODE TO MODIFY AND CLARIFY RULES AND REGULATIONS FOR CAMPING WITHIN THE CITY OF VERNON AND REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT THEREWITH 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, California Constitution Article 11, Section 7 authorizes the City to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, on February 4 , 2008, the City Council of the City of Vernon adopted Ordinance No. 1141, which established, among other laws, Section 17 . 16 of the Vernon Municipal Code, which prohibits camping within the City (the "Camping Ordinance" ) ; and WHEREAS, by memorandum dated July 19, 2016, the Chief of Police has recommended that the Camping Ordinance be amended to modify and clarify the language in the Camping Ordinance to encompass, among other situations, camping in recreational vehicles; and WHEREAS, a duly noticed public hearing has been held to consider the proposed ordinance changes and public testimony has been received and considered; and WHEREAS, Chapter 4 . 1 (f) and (h) of the Charter of the City of Vernon provides that an ordinance shall amend a code section or repeal any ordinance or code section previously adopted. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS : SECTION 1: The City Council of the City of Vernon hereby finds and determines that all the foregoing recitals are true and correct. SECTION 2 : Section 17 . 16 of Chapter 7 of the Vernon Municipal Code is hereby amended as set forth in Exhibit A which is attached hereto and incorporated by reference. SECTION 3 : Any ordinance or parts of ordinances in conflict with this Ordinance are hereby repealed. SECTION 4 : Severability. If any chapter, article, section, subsection, subdivision, paragraph, sentence, clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted this Ordinance and each chapter, 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. SECTION 5 : Book of Ordinances. The City Clerk, or Deputy City Clerk, shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk' s, or Deputy City Clerk' s, certification to be entered in the Book of Ordinances of the Council of this City. The City Clerk, or Deputy City Clerk, shall cause this ordinance to be published or posted as required by law. - 2 - SECTION 6 : Effective Date . This Ordinance shall go into effect and be in full force and effect at 12 : 01 a.m. on the thirty- first (31st) day after its passage. APPROVED AND ADOPTED this day of 2016 . Name : Title : Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: Brian Byun, Deputy City Attorney - 3 - STATE OF CALIFORNIA ) } ss COUNTY OF LOS ANGELES ) I, City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1236 was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held in the City of Vernon on Tuesday, August 2, 2016, and thereafter adopted at a meeting of said City Council held on Tuesday, by the following vote : AYES : Councilmembers : NOES : Councilmembers : ABSENT: Councilmembers : And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of 2016, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) 4 - EXHIBIT A EXHIBIT "A" CHAPTER 17 OFFENSES—MISCELLANEOUS Sec. 17.16. Camping Prohibited. (a) Camping is prohibited in or on any public or private property located in the City. (b) As used in this Chapter, the following words and phrases have the meanings set forth in this section: (1) "Camping" means to place, pitch or occupy camp facilities; to live temporarily in a camp facility or outdoors; or to engage in any of the following activities inside or near one' s camp facilities or outdoors : (A) Cooking on a stove; or (B) Bathing; or (C) Urinating or defecating. (2) "Camp facilities" include, but are not limited to, tents, huts, vehicles, recreational vehicles, or temporary shelters . (3) "Recreational vehicle" means any of the following: (A) Travel trailer, which means a vehicular portable structure built on a chassis designed to be used as a temporary dwelling for camping, travel, recreational, and vacation uses, and permanently identified as a travel trailer by the manufacturer; (B) Camper, which means a structure designed primarily to be mounted upon a motor vehicle and with sufficient facilities to render as suitable for use as a temporary dwelling for camping, travel, recreational and vacation purposes; (C) Motorized home, which means a portable, self-contained dwelling designed and constructed as an integral part of a self-propelled vehicle; and (D) Full tent trailer, which means a canvas folding structure mounted on wheels and designed for camping, travel, recreational, and vacation use . (2) (c) Storage of camping facilities and paraphernalia used for camping, including but not limited to buckets, pots, pans, cutlery, portable ranges, bedding, pillows, sheets, blankets, sleeping bags, tarps, and backpacks is prohibited in or on any street and any public parking lot or public area, improved or unimproved. (d) The provisions of this Section do not apply to: (1) portable units which A. have been acknowledged in writing by the owner or user to be units that are to be used temporarily and solely in connection with a construction project on the same lot by persons who have a separate existing, permanent residence; and B. have received written approval from the Director of Public Works, Water and Development Services for such temporary usage; and C. are not used for cooking on a stove, bathing, or sleeping; or (2) recreational vehicles which are parked on a public street when the occupants of the recreational vehicle are guests of the owners or occupants of an adjacent residential property, and: A. The recreational vehicle is legally parked directly adjacent to the residential property where the occupants are guests; B. The overnight camping in the recreational vehicle at that location does not extend for a period of more than seven (7) consecutive days; C. The recreational vehicle is self- contained and does not require hook-ups to the adjacent residential property. (3) Each violation of this Section is hereby declared to be a public nuisance and a misdemeanor, punishable as set forth in this Code. RECEIVED RECEIVED AUG 10 2016 AUG 0 4 2016 CITY CLERK'S OFFICE "'"' CITY ADMINISTRATION STAFF REPORT C+c6- jo,ti(,v PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT DATE: August 16,2016 TO: Honorable Mavor and City Council 1�w FROM: Derek Wieske, Director of Public Works, Water and Development Services Department Originator: Claudia Areliano, Stormwater& Special Projects Analyst t RE: Status of Eco-Rapid Transit Project Recommendation Receive and file a presentation by the Executive Director of the Eco-Rapid Transit Authority, formerly known as the Orangeline Development Authority on the status of the Eco-Rapid Transit Project. Background Eco-Rapid Transit, formerly known as the Orangeline Development Authority, is a joint powers authority(JPA)created to pursue development of a transit system that moves as rapidly as possible, uses grade separation as appropriate, and is environmentally friendly and energy efficient. The system is designed to enhance and increase transportation options for riders of this region utilizing safe,advanced transit technology to expand economic growth that maximizes ridership in Southern California. Several examples of these rail systems have already been constructed throughout the nation. The Eco-Rapid Transit JPA currently consists of 13 members including the Cities of Artesia,Bell, Bellflower, Bell Gardens, Cudahy, Downey, Glendale, Huntington Park, Maywood, Paramount, South Gate, Vernon, and the Burbank-Glendale-Pasadena Airport Authority. Currently, Mayor Davis is the City of Vernon's representative on the Board. Eco-Rapid Transit links economic development and transportation in a 40-mile corridor from Bob Hope Airport in Burbank through Downtown Los Angeles to Artesia. The proposed project supports the creation of more jobs and would connect over 4 million residents to the regional transportation system. The southern corridor is one of 12 Measure R transit projects. The proposed project currently has a $240 million Measure R funding allocation. An alternative analysis of the Page 1 of 2 southern corridor is currently underway. The proposed project from Artesia to Downtown Los Angeles was scheduled to be built by 2027. The project is included in the adopted 2009 Los Angeles County Metropolitan Transportation Authority's (Metro) Long Range Transportation Plan. The northern corridor from Downtown Los Angeles to the Bob Hope Airport in Burbank blends the Antelope Valley Line and proposed California High Speed Rail Line improvements. The project would serve as a catalyst for transportation improvements including plane-to-train connections,higher speeds,more passenger trains,double and triple tracking,grade separation and other related corridor improvements. However, the Metro Board of Directors recently made a decision to delay the Eco-Rapid Transit Project construction, essentially delaying the completion to 2047. Metro's delay of the Eco-Rapid Transit Project is placed behind such projects for choice riders in West Los Angeles and the San Gabriel Valley. These areas cannot be described as economically transit dependent however,Metro is giving them priority over transit dependent cities such as those cities in the Gateway Cities Region. The Eco-Rapid Transit Project would begin at Artesia and head northward through working class South Gate, Huntington Park, Bell, Vernon and then into similar areas in the City of Los Angeles,ending at Union Station(see attached maps). The working people who Iive there, depend on public transit and high ridership is predicted. Over the years, several transit studies have concluded that density drives the need to build transit. Many of the important transport problems are often related to urban areas and take place when transport systems cannot satisfy the numerous requirements of urban mobility, for a variety of reasons. The Gateway Cities Region consists of approximately 244 square miles and is currently home to over two million people. The Gateway Cities' residents account for 20% of the Los Angeles County's population,but are living on only 6.02%of the Los Angeles County's land area. Collectively, the Gateway Cities Region's population density, with approximately 8,485 people per square mile in 2013, is well above the averages for both California and Los Angeles County. Nationally, the region has some of the most densely populated cities in the entire nation. The Gateway Cities Region is approximately 4 times as dense as Los Angeles County and 43 times denser than California. However, density proportions range considerably across cities within the Gateway Cities Region. It ranges from 12.1 persons per square mile in Vernon to 23,382 persons per square mile in Maywood. Fiscal Impact There is no fiscal impact associated with receiving a presentation. Attachments 1) Eco-Rapid Transit route map 2) Map of 2 alternative Eco-Rapid Transit routes in the City of Vernon Page 2 of 2 CEIC OMRAPID %c::S> TRANSIT 16401 Paramount Boulevard Paramount CA 90723 (562) 663-6850 - www.eco-rapid.org Bob Hope Airport Glendale A N Downtown Los Angeles Vernon Maywood Bell Huntington Park _Cudahy Bell Gardens South Gate X Downey Paramount Artesia Bellflower }x �k; milk% 7/28/2016 W SAB-Study-Area-Base-Map—AJ t2—SCAG AA-to-Artesia.j pg(2593x 3355) �m N t Angt� - w 4. rRO Qrie H unti n -- -- � 9eCl adahy Bell Garde South Gate i�'11tf1IrrJ 1 5 Lynwood , Nommmik Pararrtou Beliflower L7 _ 91 i L_ege nn , AB titebon slue Line Green Line No.Alignmerd(So.of HP) Red Line Southern Alignment Purple Line East Bank Gold Line tttttttti Mkst Bank,Option 3 Miles 8 2.5 6 httpJlwww.eco-rapid.orgIPrgecWaps/WSAB-Study-Area-Base-Map AIt2_SCAG%20AA-to-Artesia.jpg 111 RECEIVED RECEIVED AUG 0 9 2016 .ti AUG 10 Z916 =� ' CITY ADMINISTRATION CITY CLERK'S OFFICE STAFF REPORT �gif' " HUMAN RESOURCES DEPARTMENT DATE: August 16, 2016 TO: Honorable Mayor and City Council FROM: Lisette Michel Grizzelle Senior Human Resources Analys Originator: Veronica Avendano, Administrative Secretary RE: Service Pin Awards for July 2016 Recommendation A. City Council to present service pins to those employees hired in July. Background Submitted herewith lists the employees who are eligible to receive their service pin based on the number of service years with the City of Vernon. Fiscal Impact None. Attachment(s) 1. July 2016 Service Pin employee list. Page IofI 016 SERVICE PIN LISP` JULY ANNIVERSARY EMPLOYEE'S NAME DEPARTMENT TITLE D.O.H YEARS Ernesto A. Smith City Administration/IT Division Information Technology Manager 7/112006 10 CLAIM FOR DAMAGES RESERVE FOR FILING STAMP TO PERSON OR PROPERTY CLAIM No — INSTRUCTIONS 1. Clalms for death.wry to person or to personal prop"must be filed not later ths than 5 mon after the ocarrence. (Gov. Code Sec. 9112) RECEIVED 2. Claims for damages to real property must be filed not later than 1 year after the oocurence. (Gov- Code Sec, 911.2) AUG D 12016 3. Read entire clMm before f1lingL 4. See page 2 for diagram upon which to locate place of accident This cialm form must be on pe 2 at bottorn. 6 Attach separate streets,N nned necessary,to give full details. SIGN EACH SHEET. Cl CLERK's GFRCE 7. Claim must be filed with City Clerk(Gov. Code Sec 915a) ! � TO: CITY OF VERNON CITY COUNCIL dame of Claimant 1 Age 0 CWmant {If natural person] Business Address of Claimant ity $nd tale Iuslrress Teiepktnrre Humber Give address io which you desire notices or comm unlcatjons 10 be sent regarding this claim: m C ? �p \1e, How did DAMAGE or INJUAY odor'# Give fail particulars. r+ euvr-�- a� *--J �� cal When did DAMAGE or INJURY occur? Give full particulars, date,time of day. Where did DAMAGE or INJURY occur? Describe fully.and Wcate on diagram on reverse side of this sh set,wh a re appraxl mate, gW street names end address and measurements from landmarks: What parft4lar ACT or OW SSION do you cial m caused the Inju ry or dameae7 G iwe names of City employees causing the injury or dam iM 9 known A cis What DAMAGE or iNJUFiIES do you claim resulted? Give full extent of Injuries or damages Claimed: S C ! What AMOUNT do you claim of each item of Injury or damage as of date of presentation of this claiiri%giving basis of computatkxx Give ESTI MATED A M OU NT as far as known you claim on account of each item of prospective injury or damage,giving bash of computation: �Z �D - cam --`�`l "� �� 1 � �- s w.� �� c� � � �� C�3 insurance payments received, if any, and name of Insurance Company: Expenditures made on account of accident or Injufr (Date- Stem) #Amount} Name and address of Witnesses. C*ctors and Hosoilals; READ CAREFULLY For all accident claims place on following diagram names of streets, including North, East, South, and West; Indicate place of accident by"X" and by showing house numbers or distances to street corners, It City Vehicle was involved,designate by letter"A"location of City vehicle when you first saw it and by"B' location of yourself or your vehicle when you fiat saw City vehicle;location of City vehicle at time of accident by"A-1"and location of yourself or your vehicle at the tima of accident by"B-1" and the point of Impact by"X" NOTE If diagrams do not fit the situation attach hereto a proper diagram signed by claimant. FOR AUTOMOBILE ACCIDENTS f 7Z FOR OTHER ACCIDENTS SIDEWALK CURB is URB-� PARKWAY SIDEWALK Signature of Claimant or person filing on his behalf, giving Typed Name: Date, relationship to Claimant NOTE: All claimants maybe required to be examined as to their claim under oath. Presentation of a false claim is a felony. CLAIMS MUST BE FILED WITH CITY CLERK(GOV. CODE SEC. 915a). Los Angeles Freightliner A Division of Los Angeles Truck Center,LLC QUOTATION If REMIT TO: PO Box 101284 Quote Date: 07/16/2016 Pasadena, CA 91189-1284 Quote Expire: 08/05/2016 1-877-727-8752 URBINE TRUCKING CASH SALES 101 PICO RIVERA, CA 90601 WHITTLER, CA 90601 Customer Acc. No. Customer Acc.Type. Phone Number Salesman � - CASH 3235148391 W3I QUOTATION NO. » 0228{.•) 101 � Customer Order No. Tax ID No. Date Ship Via WILL CALL QUOTE NUMBER-0228 EXPIRATION DATE-OM5-2016 xxxxxxx6A GLASS ASY 1 1 85.22 42.69 42.69 xxxxxxx7A GLASS AY 1 1 78.43 37.71 37.71 xxxxxxIB ACTUATOR 1 1 67.46 33.32 33.32 xxxxxx15 COVER 1 1 61.95 30.60 30.60 #vin#WO375 I Sub-Total: 144.32 Freight: Sales Tax: 12.99 Total: 157.31 OUR TERMS ARE PAYMENT ON DELIVER.A SERVICE CHARGE OF 1 1/2%PER MONTH WILL BE CHARGED IF PAYMENT IS NOT RECEIVED WITHIN 30 DAYS OF INVOICE DATE.A 20%RESTOCKING CHARGE WILL BE CHARGED ON ALL ITEMS RETURNED.ALL REQUESTS FOR RETURN MUST BE IN ORIGINAL CARTON.UNUSED,WITHIN 30 DAYS OF INVOICE DATE,AND ACCOMPANIED BY A COPY OF THE INVOCIE.ALL PARTS SOLD BY COMPANY ARE WARRANTEED BY THE MANUFACTURE,THE COMPANY ACCEPTS NO RESPONSIBIII ITY. 7/16/2016 Page 1 of 1 POLICE DEPT. TELEPHONE 4305 SANTA FE AVE. (323)587-5171 VERNON POLICE DEPARTMENT CITY OF VERNON PRESENTED BY REGARDING CASE NO. PLEASE KEEP THIS CARD FOR REFERENCE I 4k y � � . � � i& � �� . � � / � - � �. � - . �, ,� � { . _ _ � � �� ■ . � � \ � � ��-� � . � - � � \ � \ '1 Y F 1 ,� off MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, AUGUST 2, 2016, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Davis, Woodruff-Perez, Ybarra, and Lopez MEMBERS ABSENT: Martinez The meeting was called to order at 9:00 a.m. by Mayor Davis; Mayor Davis led the flag salute. CHANGES TO THE AGENDA City Clerk Maria Ayala announced that there were no changes to the agenda. PUBLIC COMMENT Mayor Davis 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. No public comment provided. PUBLIC HEARING 1. Public Hearing on the Proposed Amendments to Section 17.16 of Chapter 17 of the Vernon Municipal Code to Modify and Clarify the Language in the Camping Ordinance and Encompass, Among Other Situations, Camping in Recreational Vehicles. Ordinance No. 1236 - An Ordinance of the City Council of the City of Vernon Amending Section 17.16 to Chapter 17 of the Vernon Municipal Code to Modify and Clarify Rules and Regulations for Camping Within the City of Vernon and Repealing All Ordinances or Parts Thereof in Conflict Therewith (first reading) Recommendation: A. Find that this Ordinance is exempt from California Environmental Quality Act ("CEQA") review, because the action proposed is administrative and related to general policy 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; and B. Approve the first reading, and adopt at a subsequent meeting, an ordinance amending Section 17.16 of Chapter 17 of the Vernon Municipal Code to 1)modify and clarify the language in the Camping Ordinance,and 2)encompass,among other situations, camping in recreational vehicles. Police Chief Calleros reported on the proposed Ordinance amendment. Ybarra inquired on where the homeless were located. Chief Calleros informed the Council that they were predominantly found on the west side of the City. Ybarra asked if the City could work with a homeless shelter. Chief Calleros informed the Council that the Police Department is currently working with mental health groups to assist with the situation. Ybarra asked if there were recurring homeless individuals in the area. Chief Calleros acknowledged that a majority of the homeless in that area were repeat individuals. Regular City Council Meeting Minutes August 2, 2016 Ybarra requested that future updates on the homeless situation in the City be provided. At 9:07 a.m. Mayor Davis opened the Public Hearing. No public comment was provided. At 9:07 a.m. Mayor Davis closed the Public Hearing. It was moved by Ybarra and seconded by Lopez to approve the first reading of Ordinance No. 1236, Amending Section 17.16 of Chapter 17 of the Vernon Municipal Code. Motion carried, 4-0. NEW BUSINESS City Administration Department 2. Resolution No. 2016-44 - A Resolution of the City Council of the City of Vernon Appointing Kelly Nguyen to Serve as the Director of Gas and Electric of the City of Vernon and Approving and Authorizing the Execution of a Related At-Will Employment Agreement. Recommendation: A. Find that approval of the attached resolution in this staff report is exempt from California Environmental Quality Act (CEQA) review, because it is a general administrative 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 appointing Kelly Nguyen to serve as the Director of Gas & Electric of the City of Vernon effective August 15,2016,approving and authorizing the execution of a related at-will employment agreement. 3. Oath & Appointment of Kelly Nguyen as Director of Gas and Electric, City of Vernon. City Administrator Carlos Fandino reported on the proposed. It was moved by Ybrarra and seconded by Woodruff-Perez to approve Resolution No. 2016-44 and the appointment of Kelly Nguyen as Director of Gas and Electric, City of Vernon. Motion carried, 4-0. City Clerk Maria Ayala administered the oath of allegiance to newly appointed Director of Gas and Electric Kelly Nguyen. Ms.Nguyen thanked the Council for the opportunity and expressed how she is looking forward to working with the City. At 9:14 a.m. Mayor Davis recessed the meeting. At 9:38 a.m. Mayor Davis reconvened the meeting. PRESENTATIONS 4. Financial Results for Fiscal Year 2015-16, Investment Portfolio, and Government Fund Discussion Presented by: William Fox, Director of Finance Page 2 of 8 Regular City Council Meeting Minutes August 2, 2016 Director of Finance William Fox provided and PowerPoint Presentation. Maria Olguin, Vernon Chamber of Commerce, requested that Director Fox further explained enterprise fund revenues and expenditures. Director Fox explained the revenues were in a shortfall due to the lower prices in natural gas and the City's commitment to deliver inexpensive services. Ms. Olguin requested the PowerPoint information be included in the public agenda for transparency purposes and stated that the business community would like to be a part of the short term and long term goal planning. CONSENT CALENDAR It was moved by Ybarra and seconded by Lopez to approve all matters listed under the Consent Calendar under one motion as presented. Motion carried, 4-0. Claims Against the City— Received and Filed 5. None Minutes—To be Received and Filed 6. Minutes of the Regular City Council Meeting held June 7, 2046. 7. Minutes of the Regular City Council Meeting held June 24, 2046. 8. Minutes of the Special City Council Meeting held June 28, 2016. 9. Minutes of the Rescheduled Regular City Council Meeting held July 12, 2016. 40. Minutes of the Regular City Council Meeting held July 19, 2016. Warrant Registers 14. Ratification of the following City Warrant Register to record the following voided checks: A. City Warrant Register No. 1444 to record voided Check No. 350320 in the amount of$752.00; and B. City Warrant Register No. 1444 to record voided Check No. 350385 in the amount of$100.00; and C. City Warrant Register No. 1451 to record voided Check No. 351534 in the amount of$1,837.75; and D. City Warrant Register No. 1452 to record voided Check No. 351739 in the amount of$33,152.00. 12. Approval of City Warrant Register No. 1453, totaling $2,008,813.34, which covers the period of July 12 through July 25, 2016, and consists of the following: A. Ratification of wire transfers totaling $1,374,157.16; and B. Ratification of the issuance of early checks totaling $378,378.10; and C. Authorization to issue pending checks totaling $256,278.08; and D. Voided check No. 351751, 351789 totaling $189.69. Page 3 of 8 Regular City Council Meeting Minutes August 2, 2016 13. Approval of Light&Power Warrant Register No.418,totaling$6,514,023.68,which covers the period of July 12 through July 25, 2016, and consists of the following: A. Ratification of wire transfers totaling $6,342,698.09; and B. Ratification of the issuance of early checks totaling $170,485.68; and C. Authorization to issue pending checks totaling $839.91. 14. Approval of Gas Warrant Register No.206,totaling$1,160,746.33,which covers the period of July 12 through July 25, 2016, and consists of the following: A. Ratification of wire transfers totaling $1,138,179.35; and B. Ratification of the issuance of early checks totaling $14,431.36; and C. Authorization to issue pending checks totaling $8,135.62 Health and Environmental Control Department 15. June 2016 Health & Environmental Control Department Monthly Report Police Department 16. Activity Log and Statistical Summary of Arrests and Activities for the period of July 1,through July 15, 2016,to be received and filed. Public Works,Water and Development Services Department 17. Acceptance of Work of Petrochem Manufacturing Innovation, LLC (PMI) regarding Contract CS-0677- Citywide Slurry Seal, Phase IV Project Recommendation: A. Affirm that accepting the work of Petrochem Manufacturing Innovation, LLC, for the Citywide Slurry Seal, Phase IV Project, Contract No. CS-0677, is categorically exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15301, Existing Facilities, part (c), existing highways and streets, because the project is merely to repair existing streets; and B. Accept the work of Petrochem Manufacturing Innovations, LLC as part of the Citywide Slurry Seal, Phase IV Project, Contract No. CS-0677, and authorize staff to submit for recordation a Notice of Completion for the project. NEW BUSINESS City Administration Department 18. Approval of Updated Form At-Will Employment Agreements for Future City of Vernon Executives Recommendation: A. Find that approval of the proposed form at-will employment agreements for City of Vernon executive staff is exempt under the California Environmental Quality Act (CEQA) review, because it is a general administrative 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 Page 4 of 8 Regular City Council Meeting Minutes August 2, 2016 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 the updated form at-will employment agreements (safety and non-safety) to be used for City of Vernon executive staff members and staff attorneys (except the City Administrator and City Attorney) hired by the City Council from this date forward. City Administrator Carlos Fandino reported on the proposed. It was moved by Ybarra and seconded by Lopez to approve the Updated Form At-Will Employment Agreements for Future City of Vernon Executives. Motion carried, 4-0. Finance Department 19. Property and Casualty Insurance Placements for Fiscal Year 2016-2017 Recommendation: A. Find that approval of the placement of property and casualty insurance for Fiscal Year 2016-17 is exempt under the California Environmental Quality Act (CEQA) in accordance with Sections 15060(c)(3), 15378(b)(4), and 15378(b)(5). This is because the activity of authorizing the placement of insurance will not result in direct or indirect physical changes in the environment and, therefore, is not a "project," as defined in Section 15378 of the CEQA Guidelines; and B. Authorize the City Administrator to bind the City for the annual insurance coverage for Fiscal Year 2016-17, provided the total annual premiums to be paid shall not exceed $898,085. This includes the renewal of policies for excess liability insurance, errors & omissions, property, excess workers' compensation, crime, pollution liability, and environmental site liability, automobile physical damage, and cyber liability coverages. Finance Director William Fox reported on the proposed. It was moved by Woodruff-Perez and seconded by Ybarra to authorize the City Administrator to bind the City for the annual insurance coverage for Fiscal Year 2016-17. Motion carried, 4-0. Human Resources Department 20. Resolution No. 2016-45 - A Resolution of the City Council of the City of Vernon Delegating Authority to the City Administrator to Make Determinations Regarding Industrial Disability Retirements Recommendation: A. Find that approval of the proposed California Public Employees Retirement System (CaIPERS) Resolution for Delegation of Authority for Industrial Disability Retirements to the City Administrator is exempt from California Environmental Quality Act("CEQA") review,because it is an administrative 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; and B. Approve the attached resolution delegating authority to the City Administrator to make applications for disability retirements on behalf of employees to Ca1PERS, and/or to make determinations on industrial disability retirement for safety employees once an application is submitted to Ca1PERS. Senior Human Resources Analyst Lisette Grizzelle reported on the proposed. Page 5 of 8 Regular City Council Meeting Minutes August 2, 2016 Mayor Davis asked if there was a preexisting Resolution on this topic. Senior Human Resources Analyst Grizzelle clarified that there was no Resolution on file with Ca1PERS. It was moved by Ybarra and seconded by Lopez to approve Resolution No. 2016-45. Motion carried, 4-0. 21. Resolution No. 2016-46 - A Resolution of the City Council of the City of Vernon Approving the Industrial Disability Retirement Application of Francesco M.Pirello, a Local Safety Member Formerly Employed by the City of Vernon (Government Code Sections 21154 and 21156) Recommendation: A. Find that approval of an Industrial Disability Retirement for Francesco M. Pirello, Retired Police Sergeant,is exempt under the California Environmental Quality Act ("CEQA") review, because it is an administrative 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; and B. Rescind Resolution No. 2013-98, denying an Industrial Disability Retirement Application for Francesco M. Pirello, based on insufficient medical evidence, and based on a re-evaluation of the case; and C. Adopt the resolution approving Mr. Pirello's Industrial Disability Retirement Application as the findings and determinations pertaining to Mr. Pirello's Application, pursuant to Government Code 21156, based on further medical evidence that Mr. Pirello is substantially incapacitated from the performance of his usual and customary duties as a Police Sergeant for the City of Vernon. Senior Human Resources Analyst Lisette Grizzelle reported on the proposed. It was moved by Ybarra and seconded by Woodruff-Perez to rescind Resolution No. 2013-98 and adopt Resolution No. 2016-46. Motion carried, 4-0. Public Works,Water and Development Services Department 22. Resolution No. 2016-47 - 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 5001 Soto 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; and B. Adopt the resolution to authorize the Mayor and City Clerk to execute the Certificate of Acceptance and the Grant Deed for approximately 3,144 square feet of land located at 5001 Soto Street. Associate Engineer Lissette Melendez reported on the proposed. It was moved by Woodruff-Perez and seconded by Ybarra to approve Resolution No. 2106-47. Motion carried, 4-0. ORAL REPORTS 23. City Administrator Reports—brief reports on activities and other brief announcements by the City Administrator and Department Heads. Page 6 of 8 Regular City Council Meeting Minutes August 2, 2016 Police Chief Daniel Calleros reported on the following: a July 261h early morning vigil at Farmer John's, the group was peaceful; July 301h carjacking on the 4800 block of District Boulevard; and a checkpoint set for August 19th Fire Chief Mike Wilson reported on the following: Regional Fire Training Center near completion; new fire engines; new activity reports; new radios to Council; overview of overtime; EMS changes; breathing apparatus bought with grant funds; active shooter exercises; July 23rd car accident; strike team deployed to the Sand Fire; and a strike team deployed to Big Sur area. Associate Engineer Lissette Melendez gave a brief overview of the Central Basin Water District programs; Regional Fire Training Center phase one is in final stages, soon to be in phase two; Gateway Cities Council of Government Meeting; increased weeding and litter pick up; and digital billboard and widening project on the I-710 Freeway. Utilities Compliance Manager Ali Nour congratulated Kelly Nguyen on her new appointment and briefly reported on the power outage last Sunday; circuit breaker replacement project; and the July 23rd Citywide internet network outage. Interim Director of Health and Environmental Control Lewis Pozzebon gave a brief report on the annual wholesale food vehicle inspections. Senior Human Resources Analyst Lisette Grizzelle gave a brief update on the recruitment for the Director of Health and Environmental Control; Public Safety Director research and report; employee health fair on September 151h; and announced various recruitments that are at various stages. 24. City Council Reports—brief AB 1234 reports, or report on: activities, announcements, or directives to staff. City Administrator Carlos Fandino requested direction on either the recruitment of a Fire Chief or a delay of the recruitment until after the report on the Public Safety Director. Council confirmed that they would like to hear the Public Safety Director report prior to opening the Fire Chief recruitment. Woodruff-Perez requested preliminary information prior to the anticipated report to be agendized for the September Council meeting. City Administrator Carlos Fandino acknowledged the request and will provide the information. Senior Human Resources Analyst Lisette Grizzelle recommended that the recruitment be conducted prior to the holidays. City Administrator Fandino also reported on the following: John Van de Kamp, Independent Council, completed the current report, it can be viewed on the website; Director of Health and Environmental Control recruitment; Hunting Park Chamber Sabor de Mexico event and their request to partner with the City of Vernon. City Administrator Fandino stated that the City will reach out to businesses this may impact, overview of logistical issues, and closed city streets mid- day someday in October. Local coverage will be there and the City of Vernon will provide comment. Ybarra requested the item to be agendized for further discussion. No Council reports provided. Mayor Davis recessed the meeting at 10:59 a.m. and reconvened at 11:05 a.m. CLOSED SESSION At 11:05 a.m., the City Council entered into closed session to discuss the following agendized items: Page 7 of 8 Regular City Council Meeting Minutes August 2, 2016 25. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (2) Government Code Section 54956.9(a) A. Name of Case: City of Vernon vs. Citigroup Energy Inc., et al. United States District Court Southern District of New York Case No. CV 16-2405 B. Name of Case: Jerrick Torres and Lyndon Ong Yiu vs. City of Vernon, et al. Los Angeles Superior Court Case No. BC620265 26. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE Government Code Section 54957(b)(1) At 11:43 a.m. the City Council exited closed session. City Attorney Hema Patel announced that three items were discussed and there was no reportable action from closed session. With no further business, at 11:43 a.m., Mayor Davis adjourned the meeting. William J. Davis Mayor ATTEST: Maria E. Ayala City Clerk Page 8 of 8 RECEIVED AUG 10 2016rt r # RECEIVED CITY CLERK'S OFFICE AUG 0 8 2016 STAFF REPORT CITY ADMINISTRATION FINANCEITREASURY DEPARTMENT , `6- kp _{(p DATE: August 8, 2016 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director" RE: City Payroll Warrant Register for City Council Agenda of August 16, 2016 It is recommended that the attached Payroll Warrant Register No. 722 be approved at the City Council meeting of August 16, 2016. Payroll Warrant Register No. 722 totals $3,167,197.10, and covers claims and demands presented for July 1, 2016 to July 31, 2016, drawn from East West Bank, Payroll Account. The following list details the components of Payroll Warrant Register No. 722: 1. Ratification of direct deposits, checks and taxes totaling $2,237,445.03; and 2. Checks and electronic fund transfers (EFT) paid through General bank account totaling 929,752.07 Raquel Franco 181812016 8 52 AM PAYROLL WARRANT REGISTER City of Vernon No. 722 Month of July 2016 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(3):Warrant Pavrolls reported for the month of July: 06/12/16 -06125/16, Paydate 07/07/16 06/06/16 -07109/16, Paydate 07/21/16 06/06/16 -07/09/16, Paydate 07/21/16 06/06/16 -07/09116, Paydate 07/21/16 Payment Method Date Payment Description Amount Checks 07/07/16 Net payroll, checks $ 17,883.93 ACH 07/07/16 Net payroll, direct deposits 783,188.02 ACH 07/07/16 Payroll taxes 235,048.88 Checks 07/21/16 Net payroll, checks 21,757.30 ACH 07/21/16 Net payroll, direct deposits 783,760.80 ACH 07/21/16 Payroll taxes 234,112.55 Checks 07/21/16 Net payroll, checks 2,422.05 ACH 07/21/16 Net payroll, direct deposits 98,270.31 ACH 07/21/16 Payroll taxes 51,888.09 ACH 07/21/16 Net payroll, checks 270.70 ACH 07/21/16 Net payroll, direct deposits 5,772.20 Checks 07/21/16 Payroll taxes 3,070.20 Total net payroll and payroll taxes 2,237,445.03 ACH 07/07/16 ICMA 36,829.79 ACH 07/07/16 CalPERS 406,800.27 ACH 07/07/16 California State Disbursement Unit 3,169.51 351654 07/07/16 Sandra Bingman 2,000.00 351656 07/07/16 Franchise Tax Board 180.00 351658 07/07/16 iBEW Dues 3,139.35 351669 07/07/16 Vernon Firemen's Association 3,415.00 351670 07/07/16 Vernon Police Officers' Benefit Association 1,837,75 ACH 07/21/16 ICMA 35,317.07 ACH 07/21/16 CalPERS 424,650.27 ACH 07/21/16 California State Disbursement Unit 2,685.31 351807 07/21/16 Sandra Bingman 2,000.00 351808 07/21/16 Franchise Tax Board 180.00 351818 07/21/16 Teamsters Local 911 2,295.00 351821 07/21/16 Vernon Firemen's Association 3,415.00 351822 07/21/16 Vernon Police Officers' Benefit Association 1.837.75 Payroll related disbursements, paid through General bank account 929,752.07 Total net payroll,taxes, and related disbursements $ 3,167,197.10 Popp 1 of 7 RECEIVED RECEIVED AUG 10 2016 t AUG 0 8 2016 CITY CLERK'S OFFICE STAFF REPORT CITY ADMINISTRATION FINANCE/TREASURY DEPARTMENT ( c6- (C) -( DATE: August 8, 2016 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director l RE: City Warrant Register for City Council Agenda of August 16, 2016 It is recommended that the attached City Warrant Register No. 1454 be approved at the City Council meeting of August 16, 2016. City Warrant Register No. 1454 totals $1,760,724.37, and covers claims and demands presented during the period of July 26 through August 08, 2016, drawn, or to be drawn, from East West Bank. The following list details the components of City Warrant Register No. 1454: 1. Ratification of wire transfers totaling $1,130,305.91; 2. Ratification of the issuance of early checks totaling $477,470.07; and 3. Authorization to issue pending checks totaling $152,948.39. CITY OF VERNON WARRANT REGISTER NO. 1464 ' r#'%h S� AUGUST 16, 2016 *+�ttr t k 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:8/8/2016 3 54:04PM Paqe 2 of 20 CITY OF VERNON WARRANT REGISTER NO. 1454 AUGUST 16, 2016 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT STATE BOARD OF EQUALIZATION 011.200250 382.06 Fund 011 -2Q16 Pmt 063016 1432 011.1004.466900 0.44 Fund 011 -2Q16 Rounding Adjustment 063016 1432 011.150199 1,466.50 Fund 055-2016 Pmt 063016 1432 07/28/2016 1,849.00 US BANK CORPORATE 011.1043.520000 23.36 Hardware Supplies 062216 1433 011.1031.520000 216.24 Supplies 062216(10) 1433 011.1031.596500 812.70 Lodging/Staff 062216(10) 1433 011.1031.596700 1.053.93 Registration/Staff 062216(10) 1433 011.1001.596500 2,975.00 Registration/Staff 062216(11) 1433 ❑11.1002.520000 6.58 Supplies 062216(11) 1433 011.1002.596500 46.00 Lunch Meeting 062216(11) 1433 011.1002.596500 1,050.00 Registration/Staff 062216(11) 1433 011.1033.596200 3,870.00 Insurance Premiums 062216(12) 1433 011.1026.596700 -99.50 Refund 062216(13) 1433 011.1026.596700 995.00 Membership Fees 062216(13) 1433 011.1031.596550 145.00 Member Renewal 062216(14) 1433 011.1026.520000 82.00 Supplies 062216(15) 1433 011.1033.520000 926.00 Supplies 062216(16) 1433 011.1033.590000 1,731.11 Supplies 062216(16) 1433 011.1033.596500 56.65 Meals 062216(16) 1433 011.1048.520000 15.59 Hardware Supplies 062216(17) 1433 011.1049,520000 1.185.56 Hardware Supplies 062216(17) 1433 011.1026.520000 190.75 Hardware Supplies 062216(18) 1433 Printed:8I812016 3 54 04PM Page 3 of 28 CITY OF VERNON WARRANT REGISTER NO. 1454 AUGUST 16, 2016 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P_O.X ISSUED NUMBER AMOUNT US BANK CORPORATE 011.1043.520000 1,378.13 Hardware Supplies 062216(18) 1433 011.1049.520000 532.08 Hardware Supplies 062216(18) 1433 020.1084.520000 665.40 Hardware Supplies 062216(18) 1433 020.1084.520000 36.19 Hardware Supplies 062216(19) 1433 011.1049.520000 420.00 Hardware Supplies 062216(2) 1433 011.1048.520000 191.74 Hardware Supplies 062216(20) 1433 011.1049.5200DO 387.64 Hardware Supplies 062216(20) 1433 011.1033.590000 2,632.19 Office Furniture 062216(21) 1433 011.1060.596700 15.00 Member Dues/Staff 062216(22) 1433 011.1060.596700 35.00 Registration 062216(22) 1433 011.1060.596700 580.00 Registration/Staff 062216(22) 1433 011.1046.520000 1,681.25 Supplies 062216(23) 1433 011.1031.570000 80.92 Fuel 062216(24) 1433 011.1033.520000 126.52 Hardware Supplies 062216(25) 1433 011.1033.596500 60.00 Taxis/Parking 062216(25) 1433 011.1024.510000 99.00 Subscription 062216(26) 1433 011.1024.510000 11.35 Supplies 062216(26) 1433 011.1024.596500 12.00 Taxis/Parking 062216(26) 1433 011.1024.596500 -225.52 Registration Canceled 062216(26) 1433 011.1033.570000 112.27 Equipment 062216(27) 1433 011.1033.570000 144.09 Vehicle Repairs 062216(27) 1433 011.1033.570000 139.52 Vehicle Expenses 062216(27) 1433 011.1048.590000 940.52 Hardware Supplies 062216(28) 1433 Printed 8/8/2016 3 54 04PM Paqe 4 of 26 CITY OF VERNON WARRANT REGISTER NO. 1454 AUGUST 16, 2016 VVIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT US BANK CORPORATE 011.1049.590000 313.63 Hardware Supplies 062216(28) 1433 011.1041.596600 16815 Registration/Staff 062216(29) 1433 020.1084.520000 317.69 Supplies 062216(29) 1433 011.1048.520000 102.27 Hardware Supplies 062216(3) 1433 011.1049.520000 813.38 Hardware Supplies 062216(3) 1433 011.1043.520000 37.88 Meals 062216(30) 1433 020.1084.520000 37.88 Meals 062216(30) 1433 011.1031.520000 411.81 Supplies 062216(31) 1433 011.9019.520010 601.77 Supplies 062216(32) 1433 011,9019.560010 15.85 Subscription 062216(32) 1433 011.9019.560010 26.00 Subscription Renewal 062216(32) 1433 011.9019.596600 71.03 Supplies 062216(32) 1433 011.1031.570000 45.55 Fuel 062216(33) 1433 011.1031.570000 197.16 Fuel 062216(34) 1433 011.1046.520000 40.47 Hardware Supplies 062216(35) 1433 011.1036.560000 74.98 Subscription 062216(36) 1433 011.1043.520000 194.85 Hardware Supplies 062216(37) 1433 020.1084.520000 15.05 Hardware Supplies 062216(37) 1433 011.1026.596200 86.90 Supplies 062216(4) 1433 011,1026.596200 73.38 Lunch/Interview Panel 062216(4) 1433 011 1026.596700 70.00 LiveScan Services 062216(4) 1433 011.1026.596700 32.61 EE Ice Cream Social 062216(4) 1433 011.1003.590000 24.50 Supplies 062216(5) 1433 Printed 618=16 3 54 04PM Page 5 of 28 CITY OF VERNON WARRANT REGISTER NO. 1454 AUGUST 16, 2016 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT US BANK CORPORATE 011.1003.596500 25.00 Airport Fees 062216(5) 1433 011.1003.596500 1.158.90 Lodging 062216(5) 1433 011.1003.596500 675.00 Registration 062216(5) 1433 011.1003.596500 84.00 Taxis/Parking 062216(5) 1433 011.1033.520000 38.97 Hardware Supplies 062216(6) 1433 011.1049.520000 3,963.65 Hardware Supplies 062216(7) 1433 011.1031.596500 171.95 Lodging 062216(8) 1433 011.1031.596700 525.00 Registration 062216(8) 1433 011.1002.520000 457.00 Supplies 062216(8) 1433 011.1033.520000 65.38 Hardware Supplies 062216(9) 1433 07/26/2016 36,274.90 AETNA HEALTH OF CALIFORNIA 011.1026.502031 8,970.07 Medicare PPO Retirees 08/16 31116680 1434 011.1026.502031 2,885.54 HMO Retirees 08/16 31117423 1434 08/04/2016 11,855.61 ANTHEM BLUE CROSS 011.1026.502031 4,517.34 Cobra 08/16 1550369A 1435 011.1026.502031 47,366.88 U165 Med&Den Retirees Med (Dental) 505716C 1435 011.210221 277,438.17 All Active Employees 08/16 604845B 1435 011.210222 26,958.56 All Active Employees 08/16 604845B 1435 08/04/2016 356,280.95 LLC PNC EQUIPMENT FINANCE, 011.1033.850000 158,059.45 Triple Combo Pumper 062916 1436 08/04/2016 158,059.45 VERIZON WIRELESS 011.9019.560010 100.84 Period: 03/08-07/07 060716 1437 Printed:8/8/2016 15CWPM Pape 6 of 28 CITY OF VERNON WARRANT REGISTER NO. 1454 AUGUST 16, 2016 VVIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT VERIZON WIRELESS 011.9019.560010 439.16 Period: 03/08-07/07 060716 1437 011.9019.560010 9,569.06 Period: 03/08-07/07 060716 1437 011.9019.560010 1,097.78 Period: 03/08-07/07 060716 1437 011.9019.560010 945.22 Period: 03108-07/07 060716 1437 011.9019.560010 6,309.87 Period: 03/08-07/07 060716 1437 011.9019.560010 316.76 Period: 03108-07/07 060716 1437 011.9019.560010 1.510.13 Period: 0310E-07/07 060716 1437 011.9019.560010 2,877.46 Period: 03/08-07/07 D60716 1437 011.9019.560010 4,009.51 Period: 03/08-07/07 060716 1437 011.9019.560010 5,207.03 Period: 03/08-07/07 060716 1437 011.9019.560010 2,825.38 Period: 03/08-07/07 060716 1437 011.9019.560010 1,027.23 Period: 03/08-07/07 060716 1437 08/04/2016 36,235.43 ICMA RETIREMENT TRUST 457 011.210220 37,265.94 Deferred Compensation: Payment Ben191062 1438 O8/04/2016 37,265.94 CALPERS 011.1004.502020 -0.07 PERS Contributions:Adjustment Ben191064 1439 011.210240 446,943.56 PERS Contributions: Payment Ben191064 1439 011.210240 239.94 PERS Survivor's Benefit: Payment Ben191064 1439 011.210240 1,023.16 PERS Buy-back: Payment Ben191064 1439 011.210240 44,801.29 PERS Contributions: Special PR Ben191064 1439 (Uniform) 011.210240 -1,232.13 PERS Contributions:Adj Patel Ben191064 1439 011.210240 -10.50 PERS Contributions:Adj Cho Ben191064 1439 Printed:8/812016 3 54 04PM Paqe 7 of 28 CITY OF VERNON WARRANT REGISTER NO. 1454 AUGUST 16, 2016 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 08/08/2016 491,765.25 CITY OF VERNON, FSAACCOUNT 011,100013 496.31 FSA-Dependent: Payment Ben191070 1440 011.100013 223.07 FSA-Medical: Payment Ben191070 1440 08/04/2016 719.38 TOTAL WIRES $ 1.130.305.91 Printed 8/8/2016 3:54 04PM Page B of 28 CITY OF VERNON WARRANT REGISTER NO. 1464 AUGUST 16, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT INC AT CONFERENCE 011.9019.560010 58.72 Phone Conference 9347410616 351906 07/26/2016 58.72 & ROMO ATKINSON,ANDELSON, 011.1026.594200 10.030.00 Teamsters/IBEW Negotiations 501250 351907 LOY 07/26/2016 10,030.00 INC AURORA INDUSTRIAL 060.6033.596200 3,355.00 Soil Sampling IH9053 351908 HYGIENE 07/26/2016 3,355.00 BROADBAND LLC 057.1057.500173 4,250.00 Provide Dedicated Internet Access 81520162003744 057,0000053 351909 07/26/2016 4,260.00 INC CDW GOVERNMENT 011.9019.520010 308.60 Urban Armor Gear ICE- notebook top DMX3995 011.0011678 351910 and 011.9019.520010 115.48 Targus 14"Notebook Skin with Handle- DMX3995 011.0011678 351910 011.9019.520010 10.35 Freight DMX3995 011.0011678 351910 011.9019.520010 38.16 Sales Tax DMX3995 351910 011.9019,620010 187.22 Tripp Lite Dual Vertical Desk Mount DNL9704 011.0011706 351910 011.9019.520010 1,468.32 HP Color LaserJet Pro M452nw- DNL9704 011.0011706 351910 011.9019.520010 149.00 Sales Tax DNL9704 351910 011.9019.520010 941.88 Minuteman 1500VA 1050W Rack TWR DNM6969 011.0011558 351910 Wall-- 011.9019.520010 84.77 Sales Tax DNM6969 351910 07/26/2016 3,303.78 COLONIAL LIFE 011.210223 8,129.76 supplemental Ins-June 052116 351911 Printed:818/2015 3 54:04PM Paqe 9 of 20 CITY OF VERNON WARRANT REGISTER NO. 1454 AUGUST 16, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 07/26/2016 8,12976 COMMUNICATIONS SUPPLY, 057.1057.520010 773.02 Communication Supplies- 352420 057.0000056 351912 CORP 057.1057.520010 174.85 Communication Supplies- 352479 057.0000056 351912 057.1057.520010 4,920.71 Communication Supplies- 365546 057.0000056 351912 057.1057.520010 879.62 Communication Supplies-- 373689 057.0000056 351912 07/26/2016 6,748.20 INC COMMUNITY ARTS 011.1043.595200 2,000.00 Consulting Services 2668 351913 RESOURCES 07/26/2016 2,000.00 INC CROSSPOINT NETWORK 011.9019.520010 1.791.00 50006580, MiVoice Conference Unit(aka 13013 011.0011669 351914 SOLUTIO 011.9019.520010 161.19 Sales Tax 13013 351914 07/26/2016 1,952.19 LOS ANGELES-COMMERCE 011.1026.596900 2,000.00 EE Appreciation Holiday Event 071916 351915 DOUBLETRE 07/26/2016 2,000.00 FEDEX 011.1033.520000 39.30 Period' 07/16 548163283 351916 07/26/2016 39.30 FRONTIER 011.9019.560010 91.74 Period: 07/16 061616 351917 0726/2016 91.74 GATEWAY CITIES COUNCIL OF 011.1002.596550 13,000.00 Member Dues FY 2016- 17 062316 351918 GOVT Printed:8/8/2018 3:54:04PM Paqe 10 of 20 CITY OF VERNON WARRANT REGISTER NO. 1454 AUGUST 16, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P_O_# ISSUED NUMBER AMOUNT 07/26/2016 13,000.00 INC INSIGHT PUBLIC SECTOR 011.9019.520010 4,569.70 H04-00232 1100481219 011.0011647 351919 011.9019.520010 72.43 76N-02427 SharePointEntCAL LicSAPk- 1100481219 011.0011647 351919 07/26/2016 4,642.13 JOE A. GONSALVES&SON 011.1002.596200 5,000.00 Professional Services 154994 351920 07/26/2016 5,000.00 LLC LEVEL 3 COMMUNICATIONS 057.1057.500173 4,542.16 Fiber Optic Internet Access Contract 45147581 057.0000051 351921 07/26/2016 4,542.16 LN CURTIS&SONS 011.1033.520000 2,392.50 2.5"x50'CPLD 2.5NH YEL Poly-Flow 800 36260 011.0011308 351922 011.1033.520000 6,499.95 4"x50'CPLD 4"NH YEL Poly-Flow DJ 36260 011.0011308 351922 Hose 011.1033.520000 800.32 Safes Tax 36260 351922 07/26/2016 9,692.77 MUTUAL OF OMAHA 011.210223 4,330.78 LTD 537551399 351923 011.210223 520.15 Voluntary Life Insurance: Payment Ben190391 351923 011.210223 3,242.60 Voluntary Life Insurance: Payment Ben190621 351923 07/26/2016 8,093.53 NORTH PARK HOA 011.1048.560000 260.00 Assoc Dues 2915 60th Plc 071816 351924 011.1048.560000 260.00 Assoc Dues: 6010 Oak St. 071816(2) 351924 D7/26/2016 520.00 OFFICE DEPOT 011.1004.520000 81.90 Office Supplies- 849300415001 011 0011713 351925 Printed:8/8/2016 3:54:04PM Pape 11 o1 28 CITY OF VERNON WARRANT REGISTER NO. 1454 AUGUST 16, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P_O_# ISSUED NUMBER AMOUNT OFFICE DEPOT 011.1004.520000 7.37 Sales Tax 849300415001 351925 07/26/2016 89.27 OVERSIZED MACHINE 011.9019.690110 300.00 Repairs 26924 351926 INDUSTRIES 07/26/2016 300.00 SO CAL EDISON 011.1043.560000 86.28 Period:06/16-07/16 071616 351927 07/26/2016 86.28 THE GAS COMPANY 011.1033.560000 207.40 Period:06/10 - 07/13 063016 multiple 351928 011.1043.560000 79.93 Period:06/10 - 07/13 063016_multiple 351928 011.1048.560000 21.26 Period: 06/10 - 07/13 063016_multiple 351928 011,1049.560000 720.50 Period: 06/10 - 07/13 063016_multiple 351928 020.1084.560000 79.92 Period: 06110 - 07/13 063016_multiple 351928 07/26/2016 1,109.01 BLR 011.1026.596600 581.90 Subscription 070116 351929 07/26/2016 581.90 UNDERGROUND SERVICE ALERT 020.1084.596200 321.00 New Ticket Charges 620160777(3) 351930 07/26/2016 321.00 INC VCLOUD TECH 011.9019.590110 1,798.80 Part# 11-2169-M 1 P— 11170 011.0011679 351931 011.9019.590110 3,436.64 Part# 11-2169-M1 P— 11170 011.0011679 351931 011.9019.590110 1,047.00 Production Support/Subscription VMware 11170 011.0011679 351931 011.9019.590110 2,000.32 Production Support/Subscription VMware 11170 011.0011679 351931 011.9019 590110 1,391.35 Part#11-2118-M1P-- 11170 011.0011679 351931 Printed:8/8/2016 3 54 04PM Page 12 o1 28 CITY OF VERNON WARRANT REGISTER NO. 1454 AUGUST 16, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 07/26/2016 9,674.11 INC ZUMAR INDUSTRIES 011.120010 165.62 Signs, No Left Turn Symbol, 30", 165692 011.0011625 351932 011.120010 238.48 Signs, Single Headed Arrow, 36"X 18", 165692 011.0011625 351932 011.120010 319.92 Signs, Single Headed Arrow,48"X 24", 165692 011.0011625 351932 011.120010 21.00 Cantilever Arm Bracket,#1010. 165692 011.0011625 351932 011.120010 220.00 Street Name Signs, 36"X 12", .125 165692 011.0011625 351932 011.120010 245.00 Vandal Proof Bolts, 5/16"-18 X 2-1/2", 165692 011.0011625 351932 011.120010 215.00 5116"Theft Proof Nut Break Away, 165692 011.0011625 351932 011.120010 240.00 3/8" Drive Rivet Steel, RIVET38. 165692 011.0011625 351932 011.120010 149.85 Sales Tax 165692 351932 07/26/2016 1,814.87 AFLAC 011.210223 12,753.50 Supplemental Ins-June 849897 351933 07/28/2016 12,753.50 B&H PHOTO VIDEO 011.9019.52DO10 15.67 WINDTECH TC-5 MIC TIECLIP- 109133235 011.0011473 351934 011.9019.520010 29.39 POLSEN PL-2W-OMNI LAV- 109133235 011.0011473 351934 011.9019.520010 676.19 NADY-WIRELESS/P U-81 OCTAVO- 109133235 011.0011473 351934 07/28/2016 721.25 CITY OF GLENDALE 011.1036.596200 50,000.00 Verdugo Communications Loan GLND000006888 351935 Re-Payment 07/28/2016 50,000.00 INC COPYFREE TECHNOLOGY 011.9019.860000 7,836.01 ImagePrograf Installation 943328 351936 07/28/2016 7,836.01 Printed 818t2016 3 54 04PM Page 13 of 28 CITY OF VERNON WARRANT REGISTER NO. 1454 AUGUST 16, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT FRANCISCO M GAVINA JR 011.1048.596200 100.00 Vernon Housing Commission;618/16 060816 351937 07/28/2016 100.00 INC GENERAL DATA COMPANY 011.9019.520010 1,726.81 Toner 6081711 351938 011 9019.520010 148.18 Toner 6081923 351938 07/28/2016 1,874.99 HI-LINE INC 011.1043.520000 43.00 Clevis Pins, 1/2"X 2",#328K2. 10458286 011.0011542 351939 011,1043.520000 22.50 Snap Pin Square, 2 Wire, 5/16"X 1 D458286 011.0011542 351939 011.1043.520000 19.75 Hitch Pin Clip, .148"X 3",#201, 10458286 011.0011542 351939 011.1043.520000 8.40 Freight 10458286 011.0011542 351939 011.1043.520000 7.66 Sales Tax 10458286 351939 07/28/2016 101.31 INSIGHT PUBLIC SECTOR, INC 011.9019.860000 30,503.39 DDNA0000-- 1100486778 011 0011700 351940 011.9019.860000 2,745.31 Sales Tax 1100486778 351940 07/28/2016 33,248.70 KRONOS INCORPORATED 011.9019.860000 2,000.00 Workforce Ready Setup Fee 11070884 351941 ❑11.9019 860000 2,000.00 Workforce Ready Setup Fee 11070884 351941 011.9019.860000 5.18 Shipping 11071034 351941 011.9019.860000 5.18 Shipping 11071034 351941 07/28/2016 4,010.36 NEW HORIZONS COMPUTER 011.9019.596700 5,000.00 Share Point 2016 337508T606Y3 351942 LEARNING 07/28/2016 5,000.00 Printed:8/812016 3:54:04PM Page 14 of 28 CITY OF VERNON WARRANT REGISTER NO. 1454 AUGUST 16, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT INC PETROCHEM 011.1043.900000 68,948.39 Slurry Seal Phase IV 718 351943 MANUFACTURING 07/28/2016 68,948.39 LLC SOLOMON PAGE GROUP 011 1016.501010 962.00 Temp Services:A. Luu 442464 351944 07/28/2016 962.00 ROBERT M STERN 011.1002.596200 1,657.00 Professional Services 06/16 063016 351945 07/28/2016 1,657.00 INC STERNDAHL ENTERPRISES, 011,1043.596500 18,775.00 Striping For Slurry Seal 14614 351946 07/28/2016 18,775.00 UC REGENTS 011.1033.596200 4,950.00 CEO/QI SRVCS 05/16-06116 1560 351947 07/28/2016 4,950.00 UPS 011,1033.520000 68.51 Period: 07/16 933312296 351948 011.1041.520000 52.29 Period: 07/16 933312296 351948 07/28/2016 120.80 AGILITY RECOVERY 011.1004.888200 395.00 Agility Recovery membership services A415931 011.0010991 351949 08/02/2016 395.00 CALPORTLAND COMPANY 020.1084.520000 708.92 Supplies 92874694 351950 020.1084.520000 715.49 Supplies 92886544 351950 08/02/2016 1,424.41 INC CDW GOVERNMENT 011.9019.520010 35.91 Sales Tax DJB8777 351951 011.9019.520010 112.13 Sales Tax DJB8777 351951 Printed:6/0/2016 3:54:04PM Page 15 of 28 CITY OF VERNON WARRANT REGISTER NO. 1454 AUGUST 16, 2016 EARLY CHECKS ACCOUNT DATE CHECK R! VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT INC CDW GOVERNMENT 011.9019.520010 256.35 Item No. 3606923-- DJB8777 011.0011639 351951 011.9019.520010 292.26 Item No. 2555946- DJB8777 011.0011639 351951 011.9019.520010 5.00 Recycling Fee 35"and over- DJB8777 011.0011639 351951 011.9019.520010 100.71 Freight DJB8777 011.0011639 351951 011.9019.520010 22.38 Freight DJB8777 011.0011639 351951 011.9019.520010 66.34 Sales Tax DJB8777 351951 011.9019.520010 637.39 Item No.4035363- DJB8777 011.0011639 351951 011.9019.520010 99.74 Item No. 937384-- DJB8777 011.0011639 351951 011.9019.520010 399.00 Item No. 3808153- DJB8777 011.0011639 351951 011.9019.520010 697.23 Item No. 3389385- DJB8777 011.0011639 351951 011.9019.520010 44.85 Freight DJK5035 011.0011639 351951 011.9019.520010 9.96 Freight DJK5035 011.0011639 351951 011.9019.520010 68.67 Sales Tax DJK5035 351951 011.9019.520010 763.05 Item No. 3362762- DJK5035 011.0011639 351951 08/02/2016 3,610.97 WILLIAM DAVIS 011.1001.596500 177.40 ICA Summer Seminar 0718116 351952 08/02/2016 177.40 DISH NETWORK 011.5031.560000 54.47 Period:07/24-08/23 071116 351953 08/02/2016 54.47 FLUKE ELECTRONICS 011.1033.520000 495.00 Fluke radiological Monitor calibration 6426317 011.0011529 351954 011.1033.520000 30.00 Freight 6426317 011.0011529 351954 011.1033.520000 10.00 Freight 6426321 011.0011529 351954 Printed.8/8/2016 3-54 04PM Paqe 16 of 28 CITY OF VERNON WARRANT REGISTER NO. 1454 AUGUST 16, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT FLUKE ELECTRONICS 011.1033.520000 165.00 Fluke radiological Monitor calibration 6426321 011.0011529 351954 011.1033.520000 165.00 Fluke radiological Monitor calibration 6426340 011.0011529 351954 011.1033.520000 10.00 Freight 6426340 011.0011529 351954 011.1033.520000 165.00 Fluke radiological Monitor calibration 6426585 011.0011529 351954 011,1033.520000 10.00 Freight 6426585 011.0011529 351954 08/02/2016 1,050.00 GATEWAY CITIES COUNCIL OF 011.1043.596200 10,000.00 Local Agency Participation FY 2016-17 062416 351955 GOVT 08/02/2016 10,000.00 INC JEMMOTT ROLLINS GROUP 011.1021.596200 10,000.00 Professional Services JUI16 351956 08/02/2016 10,000.00 LEAGUE OF CALIFORNIA CITIES 011.1026.596200 1,150.00 Director Of Health& Enviro Control 56389 351957 08/02/2016 1,150.00 ALMA MALDONADO 011.1026.597000 70.00 Livescan 072816 351958 08/02/2016 70.00 MAYWOOD CAR WASH 011.1031.570000 373.00 CAR AND TRUCK WASHING SERVICE- 810 011 0010823 351959 08/02/2016 373.00 JASON MCEACHRAN 011.1033.502030 225.00 Vision Benefits 072816 351960 08/02/2016 225.00 OFFICE DEPOT 011.1031.520000 196.80 Verbatim USB Drive, item#9708 850768669001 011 0011733 351961 011.1031.520000 17.71 Sales Tax 850768669001 351961 Printed 0/&2016 3 54:04PM Page 17 of 28 CITY OF VERNON WARRANT REGISTER NO. 1464 AUGUST 16, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 08/02/2016 214.51 PETCO ANIMAL SUPPLIES INC 011.1031.520000 138.98 CANINE PET FOODAND SUPPLIES_ OA068964 011,0010821 351962 08/02/2016 138.98 INC PETROCHEM 011.1043.900000 71,097.21 Citywide Slurry Seal Phase IV 719, 736 351963 MANUFACTURING 08/02/2016 71,097.21 DANITA ROBERTSON 011.1031.596500 208.00 LERM Conference 062016 351964 08/02/2016 208.00 LISA UMEDA 011.1026.597000 70.00 Livescan Reimbursement 072816 351965 08/02/2016 70.00 UPS 011.1040.520000 92.12 Period:07/16 933312306 351966 011.1041.520000 19.79 Period: 07/16 933312306 351966 08/02/2016 111.91 WAXIE SANITARY SUPPLY 011.120010 1,507.60 0552-670 1996 Kleenline White 2-ply 76072430 011.0011702 351967 011.120010 454.93 0595-500 Waxie Pro Klenz daily 76072430 011.0011702 351967 011.120010 91.10 0595-550 Waxie Re-Mov-111 Deep Clean 76072430 011.0011702 351967 011.120010 195.84 Sales Tax 76072430 351967 011.120010 63.52 0515-375 Waxie Sparkle Liquid Glass 76072430 011.0011702 351967 011.120010 58.90 0515-425 Waxie Germicidal Ultra Bleach 76072430 011.0011702 351967 011.120010 28.84 Sales Tax 76092949 351967 011.120010 320.40 0595-600 Waxie Pro Shine Pro Klenz 76092949 011.0011702 351967 Add Printed.818/2016 3 54:04PM Paqe I8 of 28 CITY OF VERNON WARRANT REGISTER NO. 1454 AUGUST 16, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT WAXIE SANITARY SUPPLY 011.120010 64.99 0595-500 Waxie Pro Klenz daily 76099391 011.0011702 351967 011.120010 106.80 0595-600 Waxie Pro Shine Pro Klenz 76099391 011.0011702 351967 Add 011.120010 15.46 Sales Tax 76099391 351967 08/02/2016 2,90838 NANCY R ZAMORA 011 1031.420510 5.00 Officer Wrote Incorrect Fine Amount 072816 351968 08/02/2016 5.00 SANDRA D BINGMAN 011.210260 2,000.00 GARNISHMENTS: Payment Ben191056 351969 08/04/2016 2,000.00 CALIFORNIA WATER SERVICE CO 011,1043.560000 80.57 Period: 07/16 072216 351970 08/04/2016 80.57 CAPRI CUCINA 011.1026.600910 1,495.00 Catering Services 080316 351971 08/04/2016 1,495.00 DALE'S TRANSPORT 011.1043.520000 75.00 Truck Washing/Steam Out Services- 053116 011.0010900 351972 08/04/2016 75.00 FRANCHISE TAX BOARD 011.210260 180.00 Garnishment: Payment Ben191060 351973 011.210260 896.29 Garnishment: Payment Ben191060 351973 08/04/2016 1,076.29 FRED MACFARLANE 011.1002.596200 13,000.00 Strategic Communications 070116 351974 08/04/2016 13,000.00 IBEW LOCAL 47 011.210250 3,341.89 IBEW Dues: Payment Ben191054 351975 Printed:8/8/2016 154:04PM Page 10 of 28 CITY OF VERNON WARRANT REGISTER NO. 1454 AUGUST 16, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER __AMOUNT DESCRIPTION INVOICE P.0_# ISSUED NUMBER AMOUNT 08/04/2016 3,341.89 JCS CONSTRUCTION 011.1049.590000 8,900.00 Drawers& Lockers 20018 351976 RENOVATION 08/04/2016 8.900.00 LEVITON LAW GROUP,A PC 011.1048.596200 70.00 Re: Vernon Housing Commission 5770 351977 011.1048.596200 1,190.00 Re: Vernon Housing Commission 5804 351977 08/04/2016 1.260.00 MERRIMAC ENERGY GROUP 011.120030 443.72 Clear Diesel Sales Tax 2161847 351978 011.120030 4.111.91 Diesel Fuel. 2161847 011,0011734 35197E 011.120030 8.35 AB32 Fee Phase 3&4 2161847 011.0011734 351978 011.120030 4.92 Federal Oil Spill Tax 2161847 011.0011734 351978 011.120030 412.48 State Diesel Excise Tax 2161847 011.0011734 351978 011.120030 2.58 Lust Fee 2161847 011.0011734 351978 011.120030 6.769.46 Unleaded Fuel. 2161848 011.0011734 351978 011.120030 14.28 CA Enviro/Fed Oil Spill Tax 2161848 011.0011734 351978 011.120030 11.28 AB32 Fee Phase 3&4 2161848 011.0011734 351978 011.120030 1,127.57 State Gasoline Excise Tax 2161848 011.0011734 351978 011.120030 4.06 Lust Fee 2161848 011.0011734 351978 011.120030 297.22 Sales Tax 3.75% 2161848 351978 08/04/2016 13,207.83 NAPA AUTO PARTS 011.1046.520000 1,558.06 Auto Paris and Accessories- 073116_multiple 011.0011735 351979 08/04/2016 1,558.06 Pnnled 8/812016 3 54:04PM Page 20 of 28 CITY OF VERNON WARRANT REGISTER NO. 1464 AUGUST 16, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT SO CAL EDISON 011.1043.560000 33.41 Period: 07/16 073016(2) 351980 08/04/2016 33.41 ROBERT M STERN 011.1002.596200 1,275.00 Professional Services 073116 351981 08/04/2016 1.275.00 VERNON FIREMENS ASSOCIATION 011.210250 3,415.00 Fire House Fund: Payment Ben191058 351982 08/04/2016 3,415.00 BENEFIT ASSOCIATION VERNON 011.210250 1,837.75 Police Association Member Dues: Ben191052 351983 POL Payment 08/04/2016 1,837.75 LLC WEBCO LB 011.1043.590000 9,145.00 Street Sweeping Services LB2805 351984 08/04/2016 9,145.00 TOTAL EARLY CHECKS $ 477,470.07 Printed 81812D16 3 54 U4PM Pape 21 of 20 CITY OF VERNON WARRANT REGISTER NO. 1454 AUGUST 16, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.ox NUMBER AMOUNT INC A THRONE CO 011.1043.520000 118.71 Portable Restrooms 454296 351985 118.71 INCADLERHORST 011.1031.596700 175.00 K-9TRAINING— 73007 011.0011714 351986 INTERNATIONAL 175.00 MARIAAYALA 011.1003.502030 255.00 Vision Benefits 071116 351987 011.1003.502030 10.00 Vision Benefits: Spouse 071116(2) 351987 265.00 BENNETT A. WEINER, O.D. 011.1047.502030 223.00 Vision Benefits: E. Cavazos 071816 351988 223.00 LLP BEST BEST&KRIEGER 011,1024.593200 159.25 Re: Labor& Employment 775609 351989 159.25 INC BEST BUY PRODUCE INTL 011.1041.410210 551.20 Duplicate Payment 071916 351990 551.20 LLP BURKE,WILLIAMS 8r 011.1024.593200 848.80 Re: General Matters 203145 351991 SORENSEN 848.80 CANTEEN VENDING SERVICES 011.1060.410240 297.00 Ref: Over-Payment 071916 351992 297.00 RENAN CASTRO 011.1047.502030 163.98 Vision Benefits: Child 071316 351993 163.98 Printed 8/8l2016 3 54 04PM Pape 22 of 28 CITY OF VERNON WARRANT REGISTER NO. 1454 AUGUST 16, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT CENTRAL BASIN WATER 020.1084.596700 25.00 Scott Rigg 052516 351994 ASSOCATION 020.1084.596550 3,819.50 Assessment&Member Dues FY16-17 070516 351994 3,84450 INC CERRITOS DODGE 011.1046.520000 8.00 4805741AE windshield washer hose 274884 011.0011725 351995 assy 011.1046.520000 35.60 4805742AC windshield washer nozzles 274884 011.0011725 351995 011 1046.520000 28.40 5149077AB coolant temperature sensor 274884 011.0011725 351995 011.1046.520000 6.48 Sales Tax 274884 351995 78.48 ERIK CHENG 011.1026 596800 2,200.00 Tuition Reimbursement 071416 351996 2,200.00 CITY OF DOWNEY 011.1060.595200 1,966.25 Animal Control Services 230534 351997 1,966.25 RAFAEL CORTES JR 011.1046.596700 41.04 Air Brake Training 071416 351998 41.04 DANGELO CO 011.120010 256.92 3062-155 Wedge Type Retainer Kit 4" S1279175.001 011.0011674 351999 011.120010 317.37 3062-165 Wedge Type Retainer Kit 6" S1279175.001 011.0011674 351999 011.120010 786.68 3062-185 Wedge Type Retainer Kit 8" S1279175.001 011.0011674 351999 011.120010 1,183.89 3069-544 Tapping Sleeves, 10"X 6" S1279175.001 011.0011674 351999 011.120010 1,777.51 3069-584 Tapping Sleeves, 12"X 8" S1279175.001 011.0011674 351999 011 120010 38901 Sales Tax S1279175.001 351999 Prinled:61812016 3 54:04PM Page 23 or 28 CITY Of VERNON WARRANT REGISTER NO. 1454 AUGUST 16, 2016 PRINTED CHECKS ACCOUNT � CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT 4,711.38 THE GOODYEAR TIRE& RUBBER 011.1046.520000 369.24 P22516OR16 goodyear eagle rs-a tires 43406005 011.0011723 352000 CO 011.1046.520000 33.23 Sales Tax 43406005 352000 011.1046 590000 7.00 State tire fee 43406005 011.0011723 352000 409.47 DENNIS SPIRO, O.D 011.1033.502030 75.00 Vision Benefits: M. Schauster 070616 352001 011.1033.502030 75.00 Vision Benefits: J. Schauster 070616(2) 352001 011.1033.502030 75.00 Vision Benefits: Z. Schauster 070616(3) 352001 22500 DR. J. DAVID JACKSON GROUP 011.1043.596700 2,300.00 Professional Services 20161 352002 020.1084.596700 2,300.00 Professional Services 20161 352002 4,600.00 INC EASTERN GROUP 020.1084.596600 675.00 Re:Water Rate Adjustment 44345 352003 PUBLICATIONS 675.00 VICTOR ENCISO JR 011.1046.596700 64.80 Air Brake Training 071216 352004 64.80 ENVIRONMENTAL 020.1084.900000 52.326.00 Equipping Well No. 21 071416 352005 CONSTRUCTION 52,326.00 JONATHAN FLAGLER 011.1033.596700 204.00 Emergency Response Training 061116 352006 Printed:81012016 3:54:04PM Pape 24 of 28 CITY OF VERNON WARRANT REGISTER NO. 1454 AUGUST 16, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.Q.# NUMBER AMOUNT 20400 H&H WHOLESALE PARTS 011.1046.520000 18.06 Sales Tax 11NO102815 352007 011.1046.520000 200.64 XO5W20QSP motorcraR 5w-20 synthetic 11NO102815 011.0011667 352007 218.70 HDL COREN &CONE 011.1004.596200 1,250.00 Property Tax July-Sept 2016 22818 352008 1,250.00 INC IGOE&COMPANY 011.1026.594200 200.00 Administrative Fees 147311 352009 200.00 LINDA JOHNSON 011.1060.596500 49.68 Mileage Reimbursement 071116 352010 49.68 LEADER EMERGENCY VEHICLES 011.1046.520000 257.76 02-044 600 led amber linear lamps 61837 011,0011662 362011 011.1046.520000 23.20 Sales Tax 61837 352011 011.1046.590000 8.39 Freight 61837 011.0011662 352011 289.35 DAVID LEDUFF 011.1060.596500 58.32 Mileage Reimbursement 071916 352012 58.32 LIEBERT CASSIDY WHITMORE 011.1024.593200 331.50 Re:Malkenhorst Breach of Contract 1424245 352013 011.1024.593200 127.50 Re:Malkenhorst/CalPers Writ Petition 1424246 352013 459.00 INC LONG BEACH BMW 011.1031.570000 117.42 Motorcycle Maintenance-- 145816 011.0011737 352014 MOTORCYCLES Printed:8/8/2016 3:54:04PM Pape 25 of 28 CITY OF VERNON WARRANT REGISTER NO. 1454 AUGUST 16, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P_O_# NUMBER AMOUNT 117.42 INC MELVYN GREEN& 011.1041.595200 27,763.01 Professional Services 06/16 13902 352015 ASSOCIATES 27,763.01 INC MGANZ ENTERPRISES 011.1049.590000 980.00 Carpet Installation 60829 352016 980.Oo NAPA AUTO PARTS 011.1046.590000 642.00 Mitchel pro demand repair and medium 060116_MULTIPLE 011.0011666 352017 642.00 LEWIS POZZEBON 011.1060.596500 388.80 Transportation Fees 062916 352018 388.80 SNAP-ON INDUSTRIAL 011.1046.520000 3.23 Sales Tax ARV29467349 352019 011.1046.520000 35.87 EELD500-1 ultra trace uv dye smoke ARV29467349 011.0011661 352019 39.10 STACY MEDICAL CENTER 011.1031.694200 120.00 Pre-Booking Exam 521117135 352020 120.00 INC TESTAMERICA 020.1084.596200 45.50 Source Samples 44235633 352021 LABORATORIES 020.1084.596200 6.50 Source Samples 44235672 352021 020.1084.596200 97.50 Routine Bach Samples 44235691 352021 149.50 THOMSON REUTERS-WEST 011.4031.520000 1,020.82 West Information Charges 834287584 352022 Printed:8/6/2016 3:54:04PM Page 26 of 28 CITY OF VERNON WARRANT REGISTER NO. 1464 AUGUST 16, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O_# NUMBER AMOUNT 1,020.82 JASON TOMLINSON 011.1046.596700 10.80 Air Brake Training 071416 352023 10.80 PC US HEALTHWORKS MEDICAL 011.1026.502095 107.03 D. Kimes 071416 352024 GROU 011.1026.596700 33.00 Medical Services 2943683CA 352024 140.03 INC WEST COAST ARBORISTS 011.1043.590000 18,956,00 Tree Maintenance 116479 352025 011.1048.590000 3,220.00 Tree Maintenance 116479 352025 011.1043.590000 22,728.00 Tree Maintenance 116895 362025 44,904.00 TOTAL PRINTED CHECKS 5 152,948.39 Pnnted 8/8/2016 3:54:04PM Page 27 or 28 CITY OF VERNON WARRANT REGISTER NO. 1454 AUGUST 16, 2016 RECAP BY FUND EARLY PRINTED FUND WIRE TOTAL CHECK TOTAL CHECK TOTAL TOTAL 011 -GENERAL $ 1,129,233.70 N� 456,749.38 $ 93,653.39 s 1,679,636.47 020-WATER 1,072.21 1,825.33 59,295 00 62,192.54 057-FIBER OPTIC 0.00 15.540.36 0.00 15,540.36 060-HAZARDOUS WASTE 0.00 3,355.00 0.00 3,355.00 GRAND TOTAL S 1,130,305.91 5 477,470.07 $ 152,948.39 $ 1,760,724.37 TOTAL CHECKS TO BE PRINTED 41 Printed:81812016 3:54 04PM Page 28 of 20 RECEIVED a b# RECEIVED AUG 1. 0 2016 .. AUG 0 8 2016 CITY CLERK'S OFFICE STAFF REPORT CITY ADMINISTRATION FINANCE/TREASURY DEPARTMENT . �^ DATE: August 8, 2016 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director 0i RE: Light& Power Warrant Register for City Council Agenda of August 16, 2016 It is recommended that the attached Light & Power Warrant Register No. 419 be approved at the City Council meeting of August 16, 2016. Light & Power Warrant Register No. 419 totals $1,514,090.85, and covers claims and demands presented during the period of July 26 through August 08,2016, drawn, or to be drawn, from East West Bank. The following list details the components of Light & Power Warrant Register No. 419: 1. Ratification of wire transfers totaling $1,383,297.98; 2. Ratification of the issuance of early checks totaling $69,614.60; and 3. Authorization to issue pending checks totaling $61,178.27. •hy e��a '� k_ LIGHT & POWER WARRANT REGISTER NO. 419 xr AUGUST 16, 2016 iiI 'PLO 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 81M12016 3 56:o2PM Page 2 of 13 LIGHT& POWER WARRANT REGISTER NO.419 AUGUST 16, 2016 WIRES ACCOUNT - DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT CALIFORNIA ISO 055.9200.500150 -5,098.79 Recalculation Charges 06M6 201607193132888 6144 641 055.9200.500190 -49.02 Recalculation Charges 06116 201607193132888 6144 641 055.9200.500210 -13.40 Recalculation Charges 06116 201607193132888 6144 641 055 9200 500170 1,741.28 Recalculation Charges 06/16 201607193132888 6144 641 055.9200.500240 284.54 Recalculation Charges 06116 201607193132888 6144 641 055.9200.500150 89,993.01 Initial Charges 07116 201607193132BBB 6144 641 055,9200.500210 16,294.65 Initial Charges 07/16 201607193132888 6144 641 055.9200.500170 -5,235.55 Initial Charges 07/16 201607193132888 6144 641 055.9200.500190 -5,733.70 Initial Charges 07/16 201607193132888 6144 641 055.9200.500150 -666.87 Recalculation Charges 04/16 201607193132888 6144 641 055.9200.500170 38.47 Recalculation Charges 04/16 201607193132888 6144 641 055.9200.500190 204.94 Recalculation Charges 04116 201607193132888 6144 641 07/26/2016 91,759.56 US BANK CORPORATE 055,9000.596500 9.00 Taxis/Parking 062216(38) 6145 055.9000.520000 1,558.70 Uniforms 062216(38) 6145 055.9000.596700 -2,050.00 Refund/Training Canceled 062216(3B) 6145 Printed 81812016 3:58 02PM Pape 3 of 13 LIGHT& POWER WARRANT REGISTER NO. 419 AUGUST 16, 2016 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT US BANK CORPORATE 055.9000.520000 240.09 Supplies 062216(39) 6145 055.8100.520000 164.42 Supplies 062216(39) 6145 055.9000.596500 42.00 Taxis/Parking 062216(39) 6145 055.8100.596700 100.00 Registration 062216(40) 6145 055.8400.590000 47.95 Supplies 062216(40) 6145 055.9200.596700 133.20 Lunch Meeting 062216(41) 6145 055.9000.520000 273.58 Supplies 062216(41) 6145 07/26/2016 518.94 DEPARTMENT OF WATER& 055.9200.500170 21,870.00 Energy Purchase GA186663 6146 POWER 055.9200.500260 575.00 Energy Purchase GA186663 6146 07/27/2016 22,445.00 SO CAL PUBLIC POWER 055.9200.500180 310,228.00 Minimum Cost 07116 PV0716 6147 AUTHORITY 055.9200.500150 80,022.00 Variable Cost 06116 PV0716 6147 055.9200.500180 6,566.31 Legislative Cost 07/16 PV0716 6147 055.9200.500180 10.000.00 PSF Cost 07/16 PV0716 6147 07/27/2016 406,816.31 LLC ICE US OTC COMMODITY 055.9200.596200 1,200.00 Market Data Exchange Fees 0616001688088 6148 MARKE 07/29/2016 1,200.00 SO CAL EDISON 055.9200,500170 146,640.00 Mead Laguna Bell 06/16 7500664022 6149 055.9200.500170 62,040.00 Victorville Lugo-Vernon 07/16 7500664053 6149 Printed W812016 3 58:02PM Pape 4 of 13 LIGHT S POWER WARRANT REGISTER NO.4'19 AUGUST 16, 2016 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT SO CAL EDISON 055.9200.500170 24,669.00 Laguna-Bell 7500664054 6149 08/01/2016 233,349.00 CALIFORNIA ISO 055.9200.500150 129,784.28 Initial Charges 07/16 201607263132917 6150 709 055.9200.500210 16,945.34 Initial Charges 07/16 201607263132917 6150 709 055.9200.500150 -2,859.33 Initial Charges 07116 201607263132917 6150 709 055.9200.500190 -7,366.76 Initial Charges 07/16 201607263132917 6150 709 055.9200,500150 2,675.67 Recalculation Charges 07/16 201607263132917 6150 709 055.9200.500170 -768.02 Recalculation Charges 07/16 201607263132917 6150 709 055.9200.500190 -103.36 Recalculation Charges 07/16 201607263132917 6150 709 055.9200.500210 -1.07 Recalculation Charges 07/16 201607263132917 6150 709 08/02/2016 138,306.75 LLC ICE TRADE VAULT 055.9200.596200 375 00 Minimum/Maximum Fee 616US01864 6151 08/02/2016 375.00 STATE BOARD OF EQUALIZATION 055.200230 80,598.55 Elec Energy Surcharge 04/16-06/16 073116 6152 08/02/2016 80,598.55 SO CAL PUBLIC POWER 055.9200.500154 399,428.87 Astoria 2 Solar Project ATSP0716 6153 AUTHORITY 08/04/2016 399.428.87 Printed:8/8/2018 3:58:02PM Pape 5 of 13 LIGHT& POWER WARRANT REGISTER NO. 419 AUGUST 16, 2016 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT POWER SETTLEMENTS 055.9200 596200 8.500.00 Consulting Services VERN09 6154 CONSULTING 08/05/2016 J3,500 00 TOTAL WIRES 1 r383,757.98 Printetl:8/8/2016 3:58 02PM Pape 6 of 13 LIGHT& POWER WARRANT REGISTER NO. 419 AUGUST 16, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT CURRENT WHOLESALE ELECTRIC 055.8000.590000 192.20 Electrical Supplies-- 062516_multiple 055.0002288 512181 055.8400.590000 34.71 Electrical Supplies-- 062516_multiple 055.0002288 512181 07/26/2016 226.91 LLC DUNGAREES 055.8100.540000 90.10 FLAME RESISTANT FORCE SHORT 1186737 055.0002406 512182 TEE- 055.8100.540000 69.03 FLAME RESISTANT CANVAS SHIRT 1186737 055.0002406 512182 JACKET-- 055.8100.540000 134.55 FLAME RESISTANT DEARBORN 1186737 055.0002406 512182 JACKET- 055.8100.540000 170.84 FLAME RESISTANT FORCE LONG 1186737 055.0002406 512182 TEE-- 055.8100.540000 159.12 FLAME RESISTANT FORCE TEE— 1186737 055.0002406 512182 055.8000.540000 142.39 Flame-Resistant Dearborn Canvas 1186741 055.0002405 512182 Jacket 07/26/2016 766.03 FEDEX 055.9200.520000 89.54 Period: 07/12 548952287 512183 07/26/2016 89.54 INC MAJESTIC FIRE 055.8200.590000 3,595.00 1. Refill&Recharge 1301 Suppression MF107014 055.0002390 512184 055.8200.590000 150.00 Pick up& Delivery MF107014 055.0002390 512184 07/26/2016 3,745.00 INC OPEN ACCESS TECHNOLOGY 055.9200.596200 728.72 Charges for: January-June 2017-- 121724 055,0002432 512185 07/26/2016 728.72 UNDERGROUND SERVICE ALERT 055.8300.596200 103.50 New Ticket Charges 620160777(2) 512186 Printed 8/8/2016 158'02PM Page 7 or U LIGHT& POWER WARRANT REGISTER NO. 419 AUGUST 16, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 07/26/2016 103.50 JCS CONSTRUCTION& 055.9000.900000 7,476.00 Kitchen Renovation 2018 512187 RENOVATION 07/28/2016 7,476.00 &SALES CO MC AVOY& 055.8000.900000 2,208.00 Centron 9S Radio Meter— 15070 055.0002389 512188 MARKHAM E 055.8000.900000 198.72 Sales Tax 15070 51218E 07/28/2016 2,406.72 INC MG ANZ ENTERPRISES 055.9000.590000 4,515.96 Carpet Installation 60827 512189 055.9100.590000 1,715.70 Carpet Installation 60828 512189 07/28/2016 6,23166 INC PORT CANAVERAL PWR 055.9000.900000 5,645.58 Consulting Services 072816 512190 CONSULT 055.9000.596200 35,125.57 Consulting Services 072816 512190 07/28/2016 40,771.15 SHOETERIA 055.9100.540000 100.00 Steel Toe Boots— 101349 055 0002316 512191 07/28/2016 100.00 FEDEX 055 9000.520000 402.60 Period: 07/16 549680054 512192 08/02/2016 402.60 MAYWOOD CAR WASH 055.8100.570000 84.50 Full Service Car Wash- 811(2) 055 0002302 512193 08/02/2016 84.50 Printed 8/8/2016 3 58:02PM Page 8 of 13 LIGHT & POWER WARRANT REGISTER NO.419 AUGUST 16, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT INC MICRO PRECISION 055.8000.590000 1,280.00 Calibration Services- LA90021120 055 0002308 512194 CALIBRATIO 08/02/2016 1,280.00 ASBURY ENVIRONMENTAL 055.8400.590000 411.18 Environmental Services 150000060396 512195 SERVICES 08/04/2016 411.18 CH2M HILL ENGINEERS, INC. 055.9200.596200 4,739.80 Period: 02/27-03/25 041316 512196 08/04/2016 4,739.80 SO CAL EDISON 055.8100.560010 51.29 Period: 07/16 073016 512197 08/04/2016 51.29 TOTAL EARLY CHECKS $ 69,614.60 Printed 8/8l2016 3:58 02PM Paqe 9 of 13 LIGHT& POWER WARRANT REGISTER NO. 419 AUGUST 16, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.OX NUMBER AMOUNT AMERICAN INTEGRATED 055.110011 785.81 Account No. 5943 Customer No. 463E 071916 512198 SERVICES 785.81 BANK OF NEW YORK MELLON, 055.9000.592010 1,000.00 Depository Agent Fee 712016- 712017 2521958485 512199 TRUST 055.9000.592010 2,350.00 Elec System Revenue Bonds 2015— 2521961883 512199 3,350,00 INC BHL INDUSTRIES 055.110011 835.25 Account No. 5948 Customer No. 6448 071916 512200 835.25 AMANDA BUSTAMANTE 055.110011 99.74 Account No. 5900 Customer No. 6441 071916 512201 99.74 CEG CONSTRUCTION 055.110011 771.97 Account No. 5837 Customer No. 1792 071916 512202 771.97 COMMERCIAL PAVING&COATING 055.110011 669.22 Account No. 5927 Customer No. 6352 071916 512203 669.22 COOPER TRUST 056.110011 763.25 Account No. 412 Customer No. 6411 071916 512204 763.25 DEREK RICE,O.Q. 055.9000.502030 120.00 Vision Benefits:A. Castillo 071916 512205 055.9000.502030 300.00 Vision Benefits: I. Castillo 072516 512205 420.00 DOBLE CUSTOMER SERVICES 055.8000.900000 36,175.00 Item F6150e-(TI) F6150e Power System 186838 055,0002430 512206 Printed:8l812016 3:58:02PM Page 10 of 13 LIGHT& POWER WARRANT REGISTER NO.419 AUGUST 16, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT DOBLE CUSTOMER SERVICES 055.8000.900000 3,255.76 Sales Tax 186838 512206 39.430.76 INC EAST SUN TRADING 055.110011 370.82 Account No. 1661 Customer No. 6116 071916 512207 370.82 LLC EPIX SYSTEMS 055.8400.590000 5,504.00 Honeywell Sieger Optima Plus Infrared INV16529 055.0002431 512208 055.8400.590000 712.00 Honeywell Explosion-Proof junction box INV16529 055.0002431 512208 055.8400.590000 188.21 Freight INV16529 055.0002431 512208 055.8400.590000 559.44 Sales Tax INV16529 512208 6,963.65 KPRS CONSTRUCTION SERVICES 055.110011 741.38 Account No. 5925 Customer No. 6279 071916 512209 741.38 JACK MEGORDEN 055.9100.502030 300.00 Vision Benefits 071816 512210 300.00 INC MERIKO 055.110011 107.56 Account No. 2304 Customer No.4680 071916 512211 107.56 INC METCO EQUIPMENT 055.110011 496.33 Account No.5849 Customer No.6021 071616 512212 496.33 INC MUTUAL TRADING CO 055.110011 181.05 Account No.674 Customer No,792 071916 512213 181.05 LLC O.T.S. EXPRESS 055.110011 40.00 Account No. 1991 Customer No. 5792 071916 512214 Printed:61=016 3:58:02PM Page 11 of 13 LIGHT S POWER WARRANT REGISTER NO.419 AUGUST 16, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P,O.# NUMBER AMOUNT 40.00 INC RICHARD I KORAL 055.110011 1,096.17 Account No. 1589 Customer No. 963 071916 512215 1,096.17 INC TECTRA TECH BAS 055.110011 761.47 Account No. 5936 Customer No. 6392 071916 512216 761.47 INC TRIPLE GEAR 055.110011 184.07 Account No. 997 Customer No. 6218 071916 512217 184.07 UNITED MERCHANDISING GROUP 055.110011 1,282.52 Account No. 1639 Customer No. 5472 071916 512218 1,282.52 VERNON QUIK CHECK 055.110011 1,527.25 Account No. 1963 Customer No. 1195 071916 512219 1,527.25 TOTAL PRINTED CHECKS $ $1,178.27 Printed 8/8/2016 3:58 02PM Page 12 of 13 LIGHT& POWER WARRANT REGISTER NO.419 AUGUST 16, 2016 RECAP BY FUND EARLY PRINTED FUND WIRE TOTAL CHECK TOTAL CHECK TOTAL TOTAL 055- LIGHT&POWER $ 1,383,297.98 $ 69,614.60 S 61,178.27 $ 1,514,090.85 GRAND TOTAL $ 1,383,297.98 $ 69,614.60 5 61.178.27 $ 1,514,090.85 TOTAL CHECKS TO BE PRINTED 22 Printed 81W2016 3 50:02PM Page 13 of 13 RECEIVED RECEIVEDAUG 10 2016 `y AUG 0 8 2016 CITY CLERK'S OFFICE STAFF REPORT CITY ADMINISTRATION FINANCE/TREASURY DEPARTMENT Io - lam DATE: August 8, 2016 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director Vj RE: Gas Warrant Register for City Council Agenda of August 16, 2016 It is recommended that the attached Gas Warrant Register No. 207 be approved at the City Council meeting of August 16, 2016. Gas Warrant Register No. 207 totals $170,772.93, and covers claims and demands presented during the period of July 26 through August 08,2016, drawn, or to be drawn, from East West Bank. The following list details the components of Gas Warrant Register No. 207: 1. Ratification of wire transfers totaling $149,905.00, 2. Ratification of the issuance of early checks totaling $20,867.93; and 01,F` V M1 { r CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 207 AUGUST 16, 2016 I hereby certify that claims and/or demands included in above listed warrant This is to certify that the claims or demands covered by the above listed register have been audited for accuracy and availability of funds for warrants have been audited by the City Council of the City of Vernon and payments and that said claims and/or demands are accurate and that the that all of said warrants are approved for payments except Warrant funds are available for payments thereof. Numbers: William Fox Finance Director Date: Printed=81812016 4=01;26PM Paqe 2 of 0 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 207 AUGUST 16, 2016 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT THE GAS COMPANY 056.5600.500160 149,905.00 Gas Purchase 201606GS032 477 08/01/2016 149,905.00 TOTAL WIRES $ 149,905.00 Printed:81812018 4:01 26PM Pa4e 3 of 8 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 207 AUGUST 16, 2016 EARLY CHECKS _ ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT INC MEASUREMENT CONTROL 056.5600.590000 5,471 24 Electrical Supplies- 187960 056.0000340 1444 SYSTEM 07/26/2016 5,471.24 P&F DISTRIBUTORS 056.5600.590000 259.80 Pipe& Fittings- 105583 056.0000342 1445 056.5600.590000 4,476.74 Pipe& Fittings- 105876 056.0000342 1445 07/26/2016 4.736.54 INC PFT-ALEXANDER 056.5600.520000 2,950.00 MINI MAX FOR INSTRUMENT DRIVE 86834 056.0000387 1446 COMPOSITE 056,5600,520000 40.32 Freight 86834 056.0000387 1446 056.5600.520000 269.13 Sales Tax 86834 1446 07/26/2016 3.259.45 UNDERGROUND SERVICE ALERT 056.5600.596200 100.50 New Ticket Charges 620160777 1447 07/26/2016 100.50 BELL PIPE&SUPPLY CO 056.5600.590000 536.85 Valves&Fittings- 172053 056.0000337 1448 07/28/2016 536.85 MAYWOOD CAR WASH 056 5600.570000 17.00 Car Wash- 811 056.0000345 1449 07/28/2016 17.00 THE GAS COMPANY 056.5600.560000 23.33 Period: 06112-07/13 071516 1450 07/28/2016 23.33 INC A-BEST INDUSTRIAL 056.5600.520000 2,204.43 Gas Materials- IN8198 056,0000348 1451 056 5600.520000 1,654.40 Gas Materials- IN8267 056.0000348 1451 Printed M12016 4:01 26PM Page 4 of 8 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 207 AUGUST 16, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 08/02/2016 3,858.83 RW LYALL 8 COMPANY, INC 056.5600.590000 1,108.86 Item#M200SOCAG050A- 122425 056.0000397 1452 056.5600.590000 99.79 Sales Tax 122425 1452 08/02/2016 1.208.65 SMARDAN SUPPLY CO 056.5600.590000 25.26 1/4 x 5-1/2 Black Nipple- S2823028001 056 0000388 1453 056.5600.590000 112.50 1/4 x 9 STD Black Nipple- S2823028001 056.0000388 1453 056.5600.590000 7.81 112 x 3-1/2 Black Nipple- S2823028001 056.0000388 1453 056 5600.590000 24.12 1-1/4 x 7 Black Nipple- S2823028001 056.0000388 1453 056,5600.590000 9.49 1-1/2 x 2-1/2 Black Nipple- S2823028001 056.0000388 1453 056.5600.590000 9.49 1-1/2 x 3 Black Nipple- S2823028001 056 0000388 1463 056.5600.590000 13.43 1-1/2 x 4 Black Nipple-- S2823028001 056.0000388 1453 056.5600.590000 26.70 2 x 3 Black Nipple- S2823028001 056 0000388 1453 056.5600.590000 24.82 2 x 4 Black Nipple-- S2823028001 056.0000388 1453 056.5600.590000 25.76 2 x 4-1/2 Black Nipple- S2823028001 056.0000388 1453 056.5600.590000 30.14 2 x 5-1/2 Black Nipple- S2823028001 056.0000388 1453 066.5600.590000 30.14 2 x 6 Black Nipple-- S2823028001 056.0000388 1453 056.5600.590000 44.92 2 x 7 Black Nipple-- S2823028001 056.0000388 1453 056.5600.590000 79.78 2 x 8 Black Nipple- S2823028001 056.0000388 1453 056.5600.590000 12.40 1/4 Blk Mall 90 Elbow- S2823028001 056.0000388 1453 056,5600.590000 42.67 1-1/4 Black 90 Elbow- S2823028001 056.0000388 1453 056.5600.590000 22.98 1/4 Blk Mall Tee-- S2823028001 056.0000388 1453 056.5600.590000 27.35 1-1/4 Black Tee-- S2823028001 056.0000388 1453 Printed 8/8/2016 4:01 28PM Pepe 5 of B CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 207 AUGUST 16, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT SMARDAN SUPPLY CO 056.5600.590000 18.66 1/4 Black Plug- S2823028001 056.0000388 1453 056.5600.590000 6.57 3/4 Black Plug- S2823028001 056.0000388 1453 056.5600.590000 16.62 1-1/2 Black Plug- S2823028001 056.0000388 1453 056,5600 590000 44.52 2 Black Plug- S2823028001 056.0000388 1453 056.5600.590000 4.60 1/4 150 9 Black Cap- S2823028001 056 0000388 1453 056 5600.590000 5.19 1/2 Black Cap-- S2823028001 056.0000388 1453 056.5600.590000 11.04 1-1/4 Black Cap- S2823028001 056.0000388 1453 056.5600.590000 149.71 2 x 2 x 1-1/2 Black Tee-- S2823028001 056.0000388 1453 056.5600.590000 87.04 2 x 1-1/2 x 2 Black Tee-- S2823028001 056.0000388 1453 056,5600.590000 109.56 3 x 2 x 3 150#Blk Mall Tee- S2823028001 056.0000388 1453 056.5600.590000 91.75 3 Black Coupling- S2823028001 056.0000388 1453 056.5600.590000 15.46 112 x 1/4 STD Blk Mall Red 90- S2823028001 056.0000388 1453 056.5600,590000 42.32 2 x 1-1/2 Black 90 Elbow- S2823028001 056.0000388 1453 056,5600.590000 18.81 1/4 Blk Mall 90 ST ELB- S2823028001 056.0000388 1453 056.5600.590000 12.54 3/4 Black 90 Street ELL- S2823028001 056 0000388 1453 056.5600.590000 18.02 1 Black 90 Street ELL-- S2823028001 056.0000388 1453 056.5600 590000 6.12 1-1/2 Black 90 Street ELL- S2823028001 056.0000388 1453 056 5600.590000 6.10 1/2 x 1/4 Blk Mall Red CPLG- S2823028001 056.0000388 1453 056.5600.590000 6.60 314 x 112 Black Reducer-- S2823028001 056.0000388 1453 056.5600.590000 12.81 1 x 3/4 Black Reducer- S2823028001 056.0000388 1453 056.5600.590000 24.27 1-1/2 x 1-1/4 Black Reducer- S2823028001 056.0000388 1453 056.5600.590000 5.88 2 x 1-1/2 Black Reducer- S2823028001 056.0000388 1453 056.5600.590000 16.21 1/2 x 1/4 Black Bushing- S2823028001 056.0000388 1453 Printed:WBJ2016 4 01-26PM Page 6 of 8 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 207 AUGUST 16, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT SMARDAN SUPPLY CO 056.5600.590000 69.23 1-1/2 Black Union- S2823028001 056.0000388 1453 058.5600.590000 138.23 2 150#Threaded Steel Flange- S2823028001 056.0000388 1453 056.5600.590000 135.68 Sales Tax S2823028001 1453 056.5600.590000 11.23 2 x 7 Black Nipple- S2823028002 056.0000388 1453 056.5600.590000 101 Sales Tax S2823028002 1453 08/02/2016 1,655.54 TOTAL EARLY CHECKS $ 20,867.93 Printed BY812016 4:01:26PM Page 7 of 8 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 207 AUGUST 16, 2016 RECAP BY FUND EARLY PRINTED FUND WIRE TOTAL CHECK TOTAL CHECK TOTAL TOTAL 056- NATURAL GAS $ 149,905.00 $ 20.867.93 $ 13 0f) 5 170,772.93 GRAND TOTAL $ 149,905.00 $ 20,867.93 s 0.00 $ 170,772.93 TOTAL CHECKS TO BE PRINTED 0 Printed 81812o16 4:01 26PM Page 8 of 8 DECEIVE® !tit RECEIVED of - oija AUG 0 9 2016 AUG 10 1 CITY ADMINISTRATION ciTY CLERK'S OFFICE °►.��T,N FIRE DEPARTMENT Michael A.Wilson,Fire Chief 4305 Santa Fe Avenue,Vernon,California 90058 Telephone(323)583-8811 Fax(323) 826-1407 August 9, 2016 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 June 16, 2016 through June 30, 2016. Respectfully Submitted, MichSe' il, Fire Chief MAW:ar Fireletnow E CcCusiveCy IndustriaC VERNON FIRE DEPARTMENT COMPANY ACTIVITIES June 16,2016 to June 30,2016 This Period Last Year This This Year Last Year To Date Period To Date ACTIVITY TYPE FIRE PREVENTION: Regular Inspections (#): 41 812 15 761 Re-Inspections (#): 12 169 18 114 Spec. Haz. Inspections (#): 0 20 4 16 Total Inspections: 53 1001 37 891 Total Man Hours: 78 1418 40 1077 TRAINING(HOURS Firefighting 90 1253 114 1042 Hazardous Materials 40 386 71 409 Safety 124 1664 132 1518 Apparatus Operations 123 1530 132 1513 Equipment Operations 123 1597 132 1512 CPR 1 24 0 36 First Aid 27 265 23 296 Total Hours: 528 6719 604 6326 PRE-INCIDENT (HOURa Planning 99 1150 118 1003 District Familiarization 10 964 95 1063 Total Hours: 109 2114 213 2066 PERIODIC TEST (HOURS .- Hose Testing 0 26 0 3 Pump Testing 0 10 0 3 Total Hours: 0 36 0 6 Page 1 PUBLIC SERVICE PROGRAMS (HOURS) School Programs 0. 29 2 23 Fire Brigades 0 13 0 4 Emergency Preparedness 2 155 9 158 Total Hours: 2 197 11 185 ROUTINE MAINTENANCE (HOURS Station 126 1484 126 1472 Apparatus 119 1523 129 1508 Equipment 131 1594 132 1537 Total Hours: 376 4601 387 4517 Grand Total Hours: 1093 15085 1255 14177 :Fireactivity Page 2 RECEIVED AUG 10 2016 AUG'of r 0 s 2016 CITY CLERK'S OFFICE �- ,. i.. I-lot, CITY ADMI[,jISTRAT10�,j FIRE DEPARTMENT Michael A.Wilson,Fire Chief 4305 Santa Fe Avenue,Vernon,California 90058 Telephone(323)583-8811 Fax (323)826-1407 August 9, 2016 Honorable Mayor and City Council City of Vernon Honorable Members: Attached is a copy of the Vernon Fire Department Activity Report which covers the period of July 1, 2016 through July 15, 2016. Respectfully Submitted, 4caelson Fire Chief MAW:ar Fireletnow E�Cccusivefy Industriaf VERNON FIRE DEPARTMENT COMPANY ACTIVITIES July 1,2016 to July 15, 2016 This Period Last Year This This Year Last Year To Date Period To Date ACTIVITY TYPE FIRE PREVENTION: Regular Inspections {#): 75 812 27 788 Re-Inspections (#): 16 169 15 129 Spec. Haz. Inspections {#): 0 20 1 17 Total Inspections: 91 1001 43 934 Total Man Hours: 110 1418 54 1131 TRAINING (HOURS : Firefighting 82 1253 106 1148 Hazardous Materials 31 386 28 437 Safety 127 1664 122 1640 Apparatus Operations 122 1530 120 1633 Equipment Operations 125 1597 124 1636 CPR 0 24 0 36 First Aid 17 265 5 301 Total Hours: 504 6719 505 6831 PRE-INCIDENT(HOURS): Planning 55 1150 84 1087 District Familiarization 61 964 98 1161 Total Hours: 116 2114 182 2248 PERIODIC TEST (HOURS1 Hose Testing 0 26 0 3 Pump Testing 0 10 0 3 Total Hours: t) 36 0 6 Page 1 r r PUBLIC SERVICE PROGRAMS (HOURS) School Programs 2 29 0 23 Fire Brigades 0 13 0 4 Emergency Preparedness 7 155 4 162 Total Hours: 9 197 4 189 ROUTINE MAINTENANCE (HOURS): Station 126 1484 125 1597 Apparatus 125 1523 120 1628 Equipment 126 1594 126 1663 Total Hours: 377 4601 371 4888 Grand Total Hours: 1116 15085 1116 15293 Tireactivity Page 2 RECEIVED AUG 10 2016 of f L-j i 9 2016 CITY CLERK'S OFFICE ' 0 V CITY ADMiITA�IOi FIRE DEPARTMENT Michael A.Wilson,Fire Chief 4305 Santa Fe Avenue,Vernon, California 90058 Telephone(323)583-8811 Fax(323)826-1407 August 9, 2016 Honorable Mayor and City Council City of Vernon Honorable Members: Attached is a copy of the Vernon Fire Department Activity Report which covers the period of July 16, 2016 through July 31, 2016. Respectfully Submitted, ichae��V6so Fire Chief MAW:ar Fireletnow E,cfusivefy Industnaf VERNON FIRE DEPARTMENT COMPANY ACTIVITIES July 16,2016 to July 31,2016 This Period Last Year This This Year Last Year To Date Period To Date ACTIVITY TYPE FIRE PREVENTION: Regular Inspections (#): 121 1008 57 845 Re-Inspections(#): 22 207 13 142 Spec. Haz. Inspections (#): 0 20 2 19 Total Inspections: 143 1235 72 1006 Total Man Hours: 200 1728 76 1207 TRAINING (HOURS): Firefighting 92 1427 103 1251 Hazardous Materials 35 452 36 473 Safety 133 1924 134 1774 Apparatus Operations 126 1778 137 1800 Equipment Operations 134 1856 138 1774 CPR 2 26 4 40 First Aid 29 311 12 313 Total Hours: 551 7774 564 7425 PRE-INCIDENT (HOURS)_ Planning 92 1297 92 1179 District Familiarization 104 1129 91 1252 Total Hours: 196 2426 183 2431 PERIODIC TEST(HOURS Hose Testing 0 26 0 3 Pump Testing 0 10 0 3 Total Hours: 0 36 C1 6 Page 1 PUBLIC_SERVICE PROGRAMS (HOURS) School Programs 2 33 0 23 Fire Brigades 5 18 0 4 Emergency Preparedness 8 170 12 174 Total Hours: 15 221 12 201 ROUTINE MAINTENANCE(HOURS): Station 125 1735 130 1727 Apparatus 129 1777 129 1757 Equipment 130 1850 135 1798 Total Hours: 384 5362 394 5282 Grand Total Hours: 1346 17547 1229 1 552 Tireactivity Page 2 RECEIVES - RECEIVED AUG 0 8 2016 AUG 10 2016 n 4�e `'��fLY 1N0� � CITY CLERK'S OFFICE STAFF REPORT CITY ADMINISTRATION VERNON GAS & ELECTRIC DEPART((��--IVI'E `Ton— DATE: August 16,2016 TO: Honorable Mayor and City Council �y FROM: Abraham Alemu,Electric Resources Planning and Development Manager TI RE: Contract for Electric Service (No. 16-DSR-12650) and Amended and Restated Implementation Agreement (No. 95-PAO-10616) among the City of Vernon, the Bureau of Reclamation,and Western Area Power Administration Recommendation A. Find that (a) the Contract for Electric Service (No. 16-DSR-12650) and Amended and Restated Implementation Agreement (No. 95-PAO-10616) among the City of Vernon, the Bureau of Reclamation, and Western Area Power Administration is not in reference to a"project"subject to the California Environmental Quality Act (CEQA) under Guidelines section 15378 because it involves the administrative activity of extending an existing contract for purchase of electricity; and(b) even if this approval were a"project" subject to CEQA,the approval requested is exempt in accordance with CEQA Guidelines Section 15301(b), the general rule that CEQA only applies to projects that may have an effect on the environment because the purchase of electricity is purely a financial transaction, and any construction that may occur by a private party in the future in reliance on this approval would be subject to CEQA review by another governmental agency at that time when actual details of any physical proposal would be more than speculative;and B. Approve the Contract for Electric Service (No. 16-DSR-12650) and Amended and Restated Implementation Agreement (No. 95-PAO-10616) among the City of Vernon, the Bureau of Reclamation, and Western Area Power Administration, in substantially the same form as attached herewith, for the purpose of purchasing federally generated hydropower from the Hoover Power Plant from October 1, 2017 through September 30,2067; and C. Authorize the City Administrator to execute the Contract for Electric Service (No. 16-DSR- 12650)and Amended and Restated Implementation Agreement(No. 95-PAO-10616). Background Power from Hoover Dam is allocated to eligible customers by Act of Congress. The Boulder Canyon Project Act of 1928 and 1984 allocated Hoover power to state,municipality, and utility contractors in the states of Arizona,Nevada,and California. In the early 1980s, the City of Vernon ("City") applied to the Western Area Power Administration ("WAPA") for an allocation of power pursuant to the Hoover Power Plant Act of 1984. WAPA Page 1 of 4 offered Contract No. DE-MS65-86WP39587 to the City of Vernon in accordance with said Act. With its adoption of Resolution No. 5355, the City Council of the City of Vernon approved Contract No. DE-MS65-86WP39587 during the City Council meeting held on January 6, 1987. The Hoover Power Plant Act of 1984, which currently governs the allocation of Hoover Dam hydropower for water and power users across the Southern California region, expires on September 30, 2017. On December 20, 2011 Congress enacted the Hoover Power Allocation Act of 2011 (43 U.S.C. 619a) ("HPAA") which provides direction and guidance in marketing BCP Power after the existing contracts expire on September 30, 2017. The Hoover Allocation Act of 2011 will retain Hoover Dam power for beneficiaries in Southern California and the City for an additional fifty (50) year period from October 1, 2017 through September 30,2067, at slightly reduced allocation,in order to provide an opportunity for new participants to also receive power from the Dam. Under the Hoover Allocation Act of 2011, WAPA will distribute Hoover power pursuant to Schedules A, B, and C; however, each of the current Hoover contractors will contribute 5%of their Schedules A and B power to a power pool that will be distributed under a newly-created Schedule D. The City's current contingent capacity entitlement of 22 MW will remain unchanged and the City's entitlement to associated firm energy will be reduced from 28,000 MWHs to 26,600 MWHs annually. • Schedule A includes the original purchasers of Hoover power as authorized under the Boulder Canyon Project Act of 1928: Metropolitan Water District of Southern California; cities of Los Angeles, Glendale, Pasadena, and Burbank, California; Southern California Edison Company; Arizona Power Authority; Colorado River Commission of Nevada; and City of Boulder City,Nevada. • Schedule B includes contractors that advance funded the Hoover power turbine upratings as authorized in the Hoover Power Plant Act of 1984: State of California(cities of Glendale, Pasadena, Burbank, Anaheim, Azusa, Banning, Colton, Riverside, and Vernon) and states of Arizona and Nevada. • Schedule C governs allocations of excess energy, if any, to Arizona, California, and Nevada as negotiated between the states and the federal government. • Schedule D power will be allocated to federally recognized Indian Tribes and other eligible entities which do not currently purchase Hoover power. Following is a brief summary of the Contract for Electric Service to be approved by the City Council: (1) Contract for Electric Service • The Hoover Power Allocation Act of 2011, provides for contract offers to existing Contractors of Schedule A, and Schedule B, Contingent Capacity, Firm Energy, and Schedule C Excess Energy, and Schedule D resource pool for new allottees. • The Contract for Electric Service becomes effective on October 1, 2016 and remains in effect through September 30, 2067. The date of initial service hereunder will be October 1, 2017. • Reclamation has the responsibilities for water operations, power generation, development of the BCP Ten Year Operating Plan, financial integrity, repayment of the BCP, and the administration of the Colorado River Dam Fund, and Multi-Species Conservation Plan ("MSCP"). • WAPA has the responsibility to operate, maintain, replace, and repair the Federal electric delivery system and coordinate the scheduling of the deliveries of the City of Vernon's Contingent Capacity, Firm Energy, and Excess Energy allocations from the Hoover Power Plant at the Mead 230-kV Bus. • The City of Vernon is entitled to allocations of 22,218 kW of contingent capacity and 26,600 kWhs of Schedule B firm energy annually. • The City of Vernon shall have the right to utilize any Environmental Attributes associated with its allocation for compliance with any environmental laws, regulations, or standards applicable to the City; provided that any sale, transfer, or award of environmental attributes by the City to third parties Page 2 of 4 shall be subject to approval by WAPA. Scheduling of capacity and deliveries of energy shall be in accordance with the written metering and scheduling instructions ("MSI")developed and agreed upon by the Authorized Representatives, detailing the operating arrangements, scheduling, and accounting procedures to be used. • The City of Vernon shall pay monthly for electric service in accordance with the Base Charge and rates developed in accordance with the public process requirements. Each monthly bill will include both a capacity charge and a charge for the associated firm energy. In addition to the proportionate share of the annual Base Charge, the Contractor shall pay the Lower Colorado River Basin Development Fund("LCRBDF")charge on all Energy Deemed Delivered during the billing period. • The purpose of making low-cost, federally-generated power available is to encourage the most widespread use thereof. For entities which resell power purchased under this Contract,the benefits of electric service supplied shall be made available to its consumers at rates or charges that are established at the lowest possible level, consistent with sound business principles, requiring that rates or charges must be established in an open and public manner. • The City shall not sell for profit any of the power contracted for hereunder to any contractor of WAPA or to any resale customer of the City for resale by that resale customer, provided that City's transactions utilizing capacity and/or energy under this Contract with an entity or entities that coordinate, control, monitor, or support operation of the bulk electric system, or acts as a marketplace operator in wholesale power, or procures products or service on behalf of any such entity, including, but not limited to Independent System Operators, Regional Transmission Organizations, Balancing Authorities, or successor organizations associated with the City's load shall not be considered a sale for resale. • The City must comply with the IRP, Small Customer Plan, or other acceptable plan, as applicable. Following is a brief summary of the Amended and Restated Implementation agreement to be approved by the City Council: (2) Amended and Restated Implementation Agreement • Reclamation has the responsibility and authority for establishing the overall budget and the revenue requirement for the BCP. Reclamation is also responsible for the operation, maintenance and replacements ("OM&R") of the Hoover Dam Facilities. WAPA has the responsibility and authority for the OM&R of the Federal transmission system, including the delivery point(s) at Mead Substation. WAPA is also responsible for the administration of the contracts and for the sale of contingent capacity and associated firm energy from the Hoover Power Plant. • The Amended and Restated Implementation Agreement established Committees for the exchange of information and viewpoints regarding Contract administration, including the Hoover Dam Facilities' operation maintenance and replacement(OM&R), in accordance with applicable practices, standards, and regulatory requirements. o Coordinating Committee: The function of the Coordinating Committee is to resolve issues, disputes, or disagreements arising from the actions of the E&OC, TRC, or any other subcommittee. o Engineering & Operating Committee: The function of the E&OC is to share information and communicate the BCP's budget, projects, OM&R status, provide an avenue for Contractor input, and facilitate the implementation. o Technical Review Committee: The function of the TRC is to review, discuss, and make recommendations regarding the BCP Ten Year Operating Plan. • The Restated Agreement becomes effective on October 1, 2016, and shall remain in effect until replaced by a successor agreement among the parties. Staff recommends that the Contract for Electric Service and Amended and Restated Implementation Agreement among the City of Vernon, the Bureau of Reclamation, and Western Area Power Administration, be approved in order for the City of Vernon to continue receiving allocation of Hoover ! Page 3 of 4 Dam hydropower for an additional fifty (50) years. The Contract for Electric Service (No. 16-DSR- 12650)and Amended and Restated Implementation Agreement(No. 95-PAO-10616) have been reviewed and approved as to form by the City Attorney's office. Fiscal Impact The contract entitles the City of Vernon to receive low cost federal hydropower from the Hoover Power Plant for an additional fifty(50)years. Attachment(s) 1. Contract for Electric Service(No. 16-DSR-12650)with exhibits and attachments 2. Amended and Restated Implementation Agreement (No. 95-PAO-10616) with exhibits and attachments Page 4 of 4 United States " ~ Department of Energy WESTERN AREA POWER ADMINISTRATION ? Desert Southwest Regional Office CONTRAC CONTRACT NO. 16-DSR-12650 BETWEEN UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION Desert Southwest Customer Service Region Boulder Canyon Project AND CITY OF VERNON FOR ELECTRIC SERVICE CONTRACT NO. 16-DSR-12650 BETWEEN UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION Desert Southwest Customer Service Region Boulder Canyon Project AND CITY OF VERNON FOR ELECTRIC SERVICE Table of Contents Section Title Page No. 1 Preamble....................................................................................................1 2 Explanatory Recitals..................................................................................2 3 Agreement.................................................................................................5 4 Tenn of Contract.......................................................................................5 5 Definitions.................................................................................................5 6 Electric Service to be Furnished............................................. 7 Billings, Payments, and Schedule of Rates.............................................33 8 Hoover Powerplant Replacements, Modification, or Additions.............38 9 Resale of Electric Energy........................................................................39 10 Integrated Resource Plans and Small Customer Plans............................40 11 Lower Colorado River Multi-Species Conservation Program................41 12 Creditworthiness.............. 41 ........................................................................ 13 Repayable Advances...............................................................................41 14 Obligation to Execute Restated Agreement............................................42 15 Reallocation of Schedule D Power Not Under Contract by October1, 2016.......................................................................................42 16 Relinquishment and Reallocation of Contractor's Allocation ................42 17 Default by the Contractor and Termination by Western.........................45 18 Attachments.............................................................................................47 19 General Power Contract Provisions ........................................................48 20 Disputes...................................................................................................48 21 Amendments and Modifications .............................................................50 22 Exhibits....................................................................................................50 23 Authorized Representatives.....................................................................50 24 Applicable Laws, Modifications, Extensions, and Waivers....................50 25 Continued Cooperation ...........................................................................51 26 Forward Contract ....................................................................................51 27 Priority of Claims of the United States ...................................................52 i 28 Access to Books and Records .................................................................52 29 Reference to Section or Subsection.........................................................52 30 Effect of Concurrence of Reclamation....................................................52 31 Execution in Counterpart ........................................................................52 32 Authority to Execute ...............................................................................53 SignatureClause..............................................................................................................54 Certificate........................................................................................................................ Exhibit A, Contractor's Schedule A, Schedule B, and Schedule D Contingent Capacity, Firm Energy, and Schedule C Excess Energy Exhibit B, Delivery Conditions Exhibit C, Available Energy,Available Capacity, and other Terms Exhibit D, Accounting for Unloaded Synchronized Generation Exhibit E, General Power Contract Provisions Attachment No. 1, Schedule A, Schedule B, and Schedule D Contingent Capacity Allocations Attachment No. 2, Schedule A, Schedule B, and Schedule D Firm Energy and Excess Energy Allocations Attachment No. 3, Ancillary Services Attachment No. 4, Schedule A, Schedule B, and Schedule D Electric Service Contractors Attachment No. 5, Schedule of Rates for Electric Service Attachment No. 6, Metering and Scheduling Instructions ii CONTRACT NO. 16-DSR-12650 BETWEEN UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION Desert Southwest Customer Service Region Boulder Canyon Project AND CITY OF VERNON FOR ELECTRIC SERVICE 1. PREAMBLE: This Contract is made this day of , 2016 (Contract), in accordance with the following Acts of Congress: Reclamation Act of June 17, 1902 (32 Stat. 388, 43 U.S.C. 391); the Boulder Canyon Project Act of December 21, 1928 (45 Stat. 1057, 43 U.S.C. 617); the Boulder Canyon Project Adjustment Act of July 19, 1940 (54 Stat. 774, 43 U.S.C. 618); the Colorado River Basin Project Act of September 30, 1968 (82 Stat. 885, 43 U.S.C. 1501); the Department of Energy Organization Act of August 4, 1977 (91 Stat. 565, 42 U.S.C. 7101); the Hoover Power Plant Act of August 17, 1984 (98 Stat. 1333, 43 U.S.C. 619); the Hoover Power Allocation Act of December 20, 2011 (125 Stat. 777, 43 U.S.C. 619a), hereinafter called the Hoover Power Allocation Act of 2011; and acts amendatory or supplementary to the foregoing acts as of the date of execution of this Contract, between THE UNITED STATES OF AMERICA, Department of Energy, acting by and through the Administrator, Western Area Power Administration, hereinafter called Western, represented by the officer executing this Contract, and with the concurrence of the Secretary of the Interior through the Commissioner, Bureau of Reclamation, represented 1 by the Regional Director, Lower Colorado Region insofar as their responsibilities and authority under the Boulder Canyon Project Act (45 Stat. 1057, 43 U.S.C. 617), the Boulder Canyon Project Adjustment Act (54 Stat. 774, 43 U.S.C. 618), the Hoover Power Plant Act of 1984 (98 Stat. 1333, 43 U.S.C. 619), and the Hoover Power Allocation Act of 2011 (125 Stat. 777, 43 U.S.C. 619a) as provided in section 30 of this Contract, and CITY OF VERNON, organized and existing under and by virtue of the laws of the State of California, or a duly authorized representative, hereinafter called the Contractor or City of Vernon, its successors and assignees; each sometimes individually called Party, and collectively called Parties. 2. EXPLANATORY RECITALS: 2.1 The Hoover Power Allocation Act of 2011 established allocations of Schedule A and Schedule B power to existing Contractors, excess energy provisions under Schedule C, and a resource pool defined as Schedule D. 2.2 Western's Administrator published Conformed General Consolidated Power Marketing Criteria or Regulations for Boulder City Area Projects in Federal Register Notice 77 FR 35671, dated June 14, 2012, as required by the Hoover Power Allocation Act of 2011, collectively hereinafter called "Conformed Criteria" which serve as the regulations for the sale of electric service from the Boulder Canyon Project(BCP). 2.3 In accordance with the Hoover Power Allocation Act of 2011 and the Conformed Criteria, Western marketed 66.7 percent of the Schedule D capacity and energy to new eligible allottees within the Boulder City Area Projects marketing area. Western further marketed 11.1 percent of the Schedule D capacity and energy each to the Arizona Power Authority for new allottees within Arizona, and to the Colorado River Commission of Nevada for new allottees within Nevada, and to 2 new allottees within the State of California. The Arizona Power Authority(APA) marketed 11.1 percent of the Schedule D capacity and energy to new allottees within the State of Arizona,and the Colorado River Commission of Nevada (CRC)marketed 11.1 percent of the Schedule D capacity and energy to new allottees within the State of Nevada. 2.4 Western's Energy Planning and Management Program (EPAMP), dated October 20, 1995, in Federal Register Notice 60 FR 54151 requires all BCP electric service contractors to prepare Integrated Resource Plans (IRP). In accordance with Federal Register Notice 76 FR 81487, dated December 28, 2011, only the IRP portion of the EPAMP Power Marketing Initiative is applicable to BCP Contractors. EPAMP was revised in 65 FR 16789, dated March 30, 2000, to allow customers more alternatives in meeting the IRP requirements, such as the small customer plan and other acceptable plans. 2.5 In Federal Register Notice 77 FR 65681,dated October 30, 2012, Western proposed additional marketing criteria, for public comment. 2.6 Western announced in Federal Register Notice 78 FR 79436, dated December 30, 2013, its final marketing criteria and a call for applications. 2.7 Western announced in Federal Register Notice 78 FR 79436, dated December 30, 2013, eligible Schedule D Contractors, with the exception of Native American Tribes, must be ready, willing and able to receive and distribute or use power from Western by October 1, 2016. 2.8 Western announced in Federal Register Notice 78 FR 79443, dated December 30, 2013, the general marketing criteria stating that any allocated Schedule D power not under contract by October 1, 2016, shall be redistributed 3 on a pro-rata basis to the remaining Schedule D allottees. Any power not allocated and under contract by October 1, 2017, shall be distributed in accordance with the 2012 Conformed Criteria. 2.9 Western announced in Federal Register Notice 79 FR 46432, dated August 8, 2014, proposed allocations for BCP Schedule D resource pool. 2.10 Western provided the public opportunities to discuss and comment on the proposed allocations for the BCP Schedule D resource pool and after evaluation of the comments received, Western published notice of final allocations of power from the BCP Schedule D resource pool in Federal Register Notice 79 FR 75544, dated December 18, 2014. 2.11 In the Federal Register Notice 79 FR 75544, dated December 18, 2014, Western approved allocations of electric service to Schedule D Contractors subject to the execution of a definitive contract. The Hoover Power Allocation Act of 2011 further provides that in the case of Arizona and Nevada, Schedule D Contingent Capacity and Firm Energy allocated by Western for new allottees other than federally recognized Indian tribes shall be offered in contracts through the Arizona Power Authority and the Colorado River Commission of Nevada, respectively. 2.12 The Boulder Canyon Project Act sets forth the Hoover-specific preference to be applied in allocation and marketing of power generated at Hoover Dam; section 18 of the Reclamation Project Act of 1939 (53 Stat. 1187) states that "[n]othing in this Act shall be construed to amend the Boulder Canyon Project Act (45 Stat. 1057), as amended"; and Congress has consistently exempted the Boulder Canyon Project Act from preference granted under the Reclamation Project Act subsequent to 1939. 4 2.13 The Hoover Power Allocation Act of 2011 provides for contract offers to existing Contractors of Schedule A and Schedule B Contingent Capacity and Firm Energy, and Schedule C Excess Energy, and Schedule D resource pool for new allottees. Western herein offers such Schedule A and Schedule B Contingent Capacity and Firm Energy, and also offers such Schedule C Excess Energy, and Schedule D Contingent Capacity and Firm Energy for new allottees, and this Contract evidences such offers and the acceptance of such offers. 3. AGREEMENT: The Parties agree to the terms and conditions set forth herein. 4. TERM OF CONTRACT: 4.1 This Contract shall become effective on October 1, 2016, to provide for obligations required to initiate service in advance of the date of initial service, including, but not limited to, advance funding obligations defined under the Restated Agreement. This Contract shall remain in effect through September 30, 2067,without prejudice to any rights to extension hereof which the Contractor may have under the Boulder Canyon Project Act, provided that this Contract is not terminated prior to September 30, 2067, and the Contractor is not in default hereunder as of September 30, 2067. 4.2 The date of initial service hereunder shall be October 1, 2017. 4.3 Western reserves the right to terminate this Contract in the event the Contractor does not meet the requirements of this Contract as specified in section 17. 4.4 If the Contractor's Allocation is reallocated in accordance with section 16, this Contract shall terminate on the effective date of the reallocation specified in the written notice from Western. 5. DEFINITIONS: The following terms, when used herein and in the Exhibits and Attachments as attached, shall have the meanings specified: 5 5.1 Actual Expenses: The amount equal to the expenses, authorized by applicable laws or regulations, actually incurred by or for the benefit of the BCP each Fiscal Year by Western and Reclamation excluding any expenses for Firming Energy purchases. 5.2 Administrator: The Administrator of the Western Area Power Administration. 5.3 Ancillary Services: Those generation services that are necessary to support the transmission of capacity and scheduled energy from resources to loads. Ancillary Services provided under this Contract deemed delivered from Hoover Powerplant are those described in subsection 6.11 and listed in Attachment No. 3. 5.4 Annual Revenue Requirement: The estimated BCP expenses for the Rate Year less any carryover of funds from prior Fiscal Year(s) and revenues from other sources as provided under subsection 7.4. 5.5 Arizona: The State of Arizona,represented, for purposes of this Contract, by the Arizona Power Authority. 5.6 Authorized Representative: A representative of a Party designated in accordance with section 23. 5.7 Available Capacity: Hoover Powerplant generating capacity which is available to the Contractors at any given time, taking into account the unit capability and Outages at that time. 5.8 Balancing Authority(BA): The responsible entity that integrates resource plans ahead of time, maintains load-interchange-generation balance within a balancing authority area, and supports interconnection frequency in real time. 5.9 Base Charge: The total charge paid by the Contractors for their allocated Contingent Capacity and Firm Energy based on the Annual Revenue 6 Requirement, in accordance with section 7. The Base Charge shall be composed of a capacity component and an energy component. 5.10 BillingPeriod:erioderiod: The service period beginning on the first Day and extending through the last Day of any calendar month. 5.11 Boulder Can oy n Project BCP): All works and the real property associated with such works authorized by the Boulder Canyon Project Act, as amended, the Hoover Power Plant Act of 1984, as amended, and any future additions authorized by Congress, to be constructed and owned by the United States, but exclusive of the main canal and its related appurtenances authorized by the Boulder Canyon Project Act, known as the All-American Canal. 5.12 Boulder Canyon Project Act: The Act of Congress approved December 21, 1928 (45 Stat. 1057, 43 U.S.C. 617), as amended and supplemented. 5.13 Boulder Canyon Project t Adjustment Act: The Act of Congress approved July 19, 1940 (54 Stat. 774, 43 U.S.0 618), as amended and supplemented. 5.14 Boulder Canyon i Project Ten Year Operating Plan(BCP Ten Year Operating I'Ian): The written product of the annual budget planning process for the on- going operation of the BCP, developed by Reclamation in consultation with Western and the Contractors. A preliminary and final plan will be developed each year. The final plan will include, but is not limited to, information regarding proposed budget and revenues, staffing projections,hydrology and generation projections, and historical data. 5.15 Capacity Dollar: The amount of revenue to be billed for BCP capacity allocation for each Fiscal Year. Such amount shall be fifty(50)percent of the Annual Revenue Requirement. 7 5.16 Change In Law: Any of the following events occurring after the execution date of this Contract: (a) a material change in or repeal of any applicable act, statute or regulation, or(b) an enactment or making of a new applicable act, statute or regulation. 5.17 Colorado River Dam Fund: The special fund in the United States Treasury established by Section 2(a) of the Boulder Canyon Project Act and available for carrying out the provisions of said Act, the Boulder Canyon Project Adjustment Act, the Hoover Power Plant Act of 1984, the Hoover Dam Miscellaneous Sales Act, and the Hoover Power Allocation Act of 2011. 5.18 Conformed Criteria: The Conformed General Consolidated Power Marketing Criteria or Regulations for Boulder City Area Projects, published in Federal Register Notice 49 FR 50582, dated December 28, 1984, as amended by 77 FR 35671, dated June 14, 2012. 5.19 Contingent Capacity: The aggregate of Schedule A Contingent Capacity, Schedule B Contingent Capacity, and Schedule D Contingent Capacity provided to all Contractors as set forth in Attachment No. 1, subject to reduction as provided in section 6. 5.20 Contractor(s): The parties specified in Attachment No. 4 that have a fully executed contract with Western for BCP electric service. 5.21 Contractor's Allocation: The Contractor's Contingent Capacity and Firm Energy provided for under this Contract as set forth in Exhibit A and inclusive of Excess Energy that may be available to the Contractor. 5.22 Contractor's Available Capacity: The Contractor's share of Available Capacity in accordance with section 6 and Exhibit C. 8 5.23 Contractor's Available Energy: The amounts of energy available to the Contractor for each Fiscal Year and Billing Period in accordance with section 6 and Exhibit C. 5.24 Contractor's Contingent Capacity: The aggregate of Contractor's Schedule A Contingent Capacity, Schedule B Contingent Capacity, and Schedule D Contingent Capacity provided to the Contractor as set forth in Exhibit A, subject to reduction as provided in section 6. 5.25 Contractor's Energy Dollar: The amount equal to the Energy Dollar for each Fiscal Year multiplied by each Contractor's Firm Energy percentage in Attachment No. 2. 5.26 Dom: A calendar day. 5.27 Energy Deemed Delivered: The amount of energy scheduled, metered, and determined to be delivered to each Contractor, including Motoring Losses (ML) and Unloaded Synchronized Generation Losses (SL) as defined in Exhibit D attached hereto, all determined in accordance with the Metering and Scheduling Instructions (MSI) developed and agreed upon in accordance with subsection 6.12.2. Such energy amount shall exclude energy purchased by Western, at the request of a Contractor in accordance with subsection 6.9.4. 5.28 Energy Dollar: The amount of revenue to be billed for BCP energy allocation for each Fiscal Year. Such amount shall be fifty(50)percent of the Annual Revenue Requirement. 5.29 Environmental Attributes: The environmental characteristics that are attributable to a renewable energy resource, or to renewable energy from such a renewable energy resource, which shall include,but not be limited to, renewable energy or 9 tax credits, offsets and benefits; green tags (regardless of how any present or future law or regulation attributes or allocates such characteristics); credits towards achieving renewable portfolio standard or emissions standards, and any reporting rights associated with any of the foregoing. Where practicable, such Environmental Attributes (such as renewable energy credits)shall be expressed in MWh, with one(1)MWh of Environmental Attributes produced for each one(1) MWh of energy generated by the renewable energy resource. 5.30 Excess Capacity: Capacity in excess of 2074 MW from Hoover Powerplant provided under this Contract. 5.31 Excess Ener�_y: Energy in excess of 4,501.001 million kilowatt hours in any Fiscal Year obligated from the Hoover Powerplant in accordance with section 105 (a) (1) (C) of the Hoover Power Plant Act of 1984, as amended by the Hoover Power Allocation Act of 2011. 5.32 Federal Projects: The Boulder Canyon Project and the Parker-Davis Project. 5.33 Firm Energy: Energy obligated from Hoover Powerplant in accordance with section 2 of the Hoover Power Allocation Act of 2011 and the Conformed Criteria. 5.34 Firming Energy: Supplemental energy(with or without capacity)purchased by Western at the request of a Contractor to meet any deficiency in Firm Energy under Section 105 (a) (3) of the Hoover Power Plant Act of 1984, as amended by the Hoover Power Allocation Act of 2011. 5.35 Fiscal Year: The twelve (12)month period so designated by Federal law. Until changed by Federal law, Fiscal Year means the period commencing October 1 of each year, immediately after midnight of September 30, and ending at midnight of September 30 of the following year. 10 5.36 Hoover Power Allocation Act of 2011: The Act of Congress approved December 20, 2011 (125 Stat. 777, 43 U.S.C. 619a) that amends the Hoover Power Plant Act of 1984, for certain statutory schedules governing contracts for delivery commencing October 1,2017, of hydroelectric power generated at the Hoover Powerplant to the BCP marketing area within Arizona, California, and Nevada. 5.37 Hoover Power Plant Act of 1984: The Act of Congress approved August 17, 1984 (98 Stat. 1333,43 U.S.C. 619) and amended by the Hoover Power Allocation Act of 2011. 5.38 Hoover Powerplant: The power houses included in the Hoover Dam facilities, consisting of the existing seventeen (17)main generating units and their associated equipment used to produce the power and ancillary services related to the Contractors' Contingent Capacity and Firm Energy, as may be improved, replaced, renovated, or expanded during the term of this Contract. 5.39 Lay Off Power: Power made available from a Contractor that is unable to receive and snake use of its allocated capacity and energy. 5.40 Loaded Synchronized Generation: The quantity of Synchronized Generation that is supplying energy. 5.41 Lower Colorado River Basin Development Fund Contribution Charge(LCRBDF Charge,): Charge assessed on Energy Deemed Delivered and purchased by Contractors in Arizona, California and Nevada, developed in accordance with Title I, Section 102(c)of the Hoover Power Plant Act of 1984, as amended. 5.42 Lower Colorado River Multi-Species Conservation Program (MSCP): As defined in Section 9401 of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat.1327). 11 5.43 Master Schedule: The schedule, described in subsection 6.10,prepared by Western each year and furnished to the Contractors setting forth Western's estimate of power available by months from the BCP for the sixteen (16)month period beginning on June l of any year and extending through September 30 of the next year for each of the Contractors. 5.44 Monthlyh,neMy Ratio: The estimated amount of energy each Contractor is to receive each month in accordance with the Master Schedule divided by the total energy that Contractor is to receive in that Fiscal Year under the Master Schedule. The annual sum of the Monthly Energy Ratios for each Fiscal Year shall equal one(1) for each Contractor. 5.45 Native American Tribes: Federally recognized Indian tribes. 5.46 North American Electric Reliability Corporation (NERC): The North American Electric Reliability Corporation, or successor(s) organization. A not-for-profit international regulatory authority whose mission is to assure the reliability of the bulk power system in North America. 5.47 Nevada: The State of Nevada,represented, for purposes of this Contract,by the Colorado River Commission of Nevada. 5.48 Off-Peak Hours: As defined in Exhibit C. 5.49 Outage: Removal from service of a generating unit, transmission line, or other facility equipment. 5.50 Overruns: The use of capacity or energy in amounts greater than Contractor's Available Capacity and/or Available Energy provided for in this Contract. 5.51 Point(s) of Delivery: The point(s) at which Western delivers capacity and energy to the Contractor, as set forth in Exhibit B. 12 5.52 Power Repayment Study(PRS): The Power Repayment Study used by Western to calculate the Base Charge and capacity and energy rates for the BCP. 5.53 Rate Year: The Fiscal Year for which the Annual Revenue Requirement is forecast for annual rate detennination purposes in the PRS. 5.54 Reclamation: Department of the Interior, Bureau of Reclamation. 5.55 Repayable Advances: The repayable capital investments determined in accordance with the Restated Agreement and Hoover Power Allocation Act of 2011. 5.56 Resource Integration Exchange Program RIE Program): A voluntary program for exchange of energy facilitated by Western among BCP Contractors and between BCP Contractors and Parker-Davis Project contractors. 5.57 Restated Agreement: The Amended and Restated Boulder Canyon Project Implementation Agreement No. 95-PAO-10616 (Western) and No. 5-CU-30-P 1128 (Reclamation), including all Attachments and any future exhibit(s). 5.58 Schedule A Contingent Capacity: The capacity shown in Attaclunent No. 1, as established by the Hoover Power Allocation Act of 2011 and the Conformed Criteria. 5.59 Schedule A Contractor: An entity listed in Attachment No. 4 that has entered into a contract with Western in accordance with Section 105 (a) (1) (A) of the Hoover Power Plant Act of 1984, as amended by the Hoover Power Allocation Act of 2011, and the Conformed Criteria. 5.60 Schedule A Firm Energy: The energy shown in Attachment No. 2, as established by the Hoover Power Allocation Act of 2011 and the Conformed Criteria. 13 5.61 Schedule B Contingent Capacity: The capacity shown in Attachment No. 1, as established by the Hoover Power Allocation Act of 2011 and the Conformed Criteria. 5.62 Schedule B Contractor: An entity listed in Attachment No. 4 that has entered into a contract with Western in accordance with Section 105 (a) (1) (B) of the Hoover Power Plant Act of 1984, as amended by the Hoover Power.Allocation Act of 2011, and the Confonned Criteria. 5.63 Schedule B Firm Ener&_y: The energy shown in Attachment No. 2, as established by the Hoover Power Allocation Act of 2011 and the Conformed Criteria. 5.64 Schedule C: The schedule so captioned appearing in Section 2(c) of the Hoover Power Allocation Act of 2011 and adopted by the Conformed Criteria,reproduced in Exhibit A. 5.65 Schedule D Contingent Capacity: The capacity shown in Attachment No. 1, as established by the Hoover Power Allocation Act of 2011 and the Conformed Criteria. 5.66 Schedule D Contractor: An entity listed in Attachment No. 4 that has entered into a contract with Western in accordance with Section 2(d) of the Hoover Power Allocation Act of 2011 and the Conformed Criteria. 5.67 Schedule D Firm EnpM: The energy shown in Attachment No. 2, as established by the Hoover Power Allocation Act of 2011 and the Conformed Criteria. 5.68 Schedulin Entity ies : Western or an entity(ies) designated by the Contractor to schedule the Contractor's power with Western at the BCP Point of Delivery in accordance with subsection 6.11.5. 14 5.69 Summer: For the purpose of purchasing Firm Energy, the seven (7)month period beginning on the first(I") Day of the March Billing Period of any year, extending through the last Day of the September Billing Period of that year. 5.70 Supplemental Firming Purchases: Supplemental purchases of capacity and/or energy to increase the Contractor's energy deliveries up to one-hundred (100) percent capacity factor of the Contractor's Contingent Capacity. 5.71 Synchronized Generation: Contingent Capacity available from any of the Hoover Powerplant generating units synchronized to Western's power system. 5.72 Tribal Contractors: Contractors that are Native American Tribes including an entity, enterprise, or authority of a Native American Tribe(s)that is formed by such tribe(s) to lawfully use the Contractor's Allocation. 5.73 Unloaded Synchronized Generation: The difference between scheduled Synchronized Generation and Loaded Synchronized Generation. Exhibit D documents the formula for energy used to supply Unloaded Synchronized Generation. 5.74 Winter: For the purpose of purchasing Firm Energy, the five(5)month period beginning on the first(?)Day of the October Billing Period of any year and extending through the last Day of the February Billing Period in the next year. 5.75 Western Electricity Coordinating Council (WECC): The Western Electricity Coordinating Council, or successor(s) organization. 5.76 Working Capital: Funds advanced by the Contractors to meet BCP cash flow needs. Such funds will be adjusted, if needed, through the Annual Revenue Requirement in accordance with Section 15 and Attachment 3.IA of the Restated Agreement. 15 6. ELECTRIC SERVICE TO BE FURNISHED: 6.1 Water Operations, Power Generation and Delivery Responsibilities: Nothing in this Contract shall impede or inhibit the statutory requirement that Hoover Dam and Lake Mead shall be used: first, for river regulation, improvement of navigation and flood control; second, for irrigation and domestic uses and satisfaction of present perfected rights in pursuance of Article VIII of the Colorado River Compact; and third, for power. 6.1.1 Responsibilities of Reclamation: Reclamation has the responsibilities for: water operations,power generation, development of the BCP Ten Year Operating Plan, financial integrity, repayment of the BCP and the administration of the Colorado River Dam Fund and MSCP. 6.1.1.1 Reclamation shall schedule the release of water to meet statutory requirements as specified in subsection 6.1. 6.1.1.2 In scheduling the release of water in subsection 6.1.1.1, Reclamation shall release water through the Hoover Powerplant so that energy is generated; bypass and spills will be avoided unless necessary to meet flood control, dam safety, operations and maintenance requirements, or other critical hydrologic or operational reasons to be determined. 6.1.1.3 Reclamation shall accept the real-time scheduling by Western in accordance with the monthly and sub-monthly period schedules (including revisions to the monthly and sub-monthly period schedules)provided by Reclamation. 16 6.1.1.4 Reclamation is responsible for the operation,maintenance, repairs, and replacements, and for investigations and inspections necessary to keep Hoover Dam and powerplant operational in accordance with regulatory, safety, and security requirements, and Reclamation practices and standards. Reclamation will snake every effort to schedule and complete all inspections, maintenance, repairs and replacements in a manner that is timely and efficient and coordinate with Western as appropriate. 6.1.1.5 Reclamation shall, except in case of emergency, give Western reasonable notice in advance of any change in delivery of water in accordance with subsection 6.10.7, and Western shall promptly forward such notice to the Contractors. 6.1.2 Responsibilities of Western: Western shall operate, maintain, replace and repair the Federal electric delivery system and coordinate the scheduling of the deliveries of the Contractor's Contingent Capacity, Firm Energy, and Excess Energy allocations from the Hoover Powerplant to the BCP Point of Delivery as set forth in Exhibit B. Western shall calculate the Base Charge and set rates and charges which will recover costs as set forth in 10 CFR Part 903 and 10 CFR Part 904. Western shall measure and account for power deliveries,render bills, and maintain books of account to ensure the financial integrity of the BCP. 6.1.2.1 Western shall accept power from Reclamation and, subject to the terms and conditions stated in this Contract, schedule, deliver, and measure said power to the Contractor from and after the date 17 of initial service, as provided in subsection 4.2, at the Point(s) of Delivery and voltage set forth in Exhibit B. 6.1.2.2 Western shall be permitted to satisfy its obligations under this Contract by use of generation from Hoover Powerplant, the Parker-Davis Project, or other sources of generation available to Western; provided, that the measure of the Contractor's rights to power hereunder shall be the quantity of capacity and energy available from Hoover Powerplant. Western will satisfy its obligations under this Contract by use of generation from sources other than Hoover Powerplant and the Parker-Davis Project (i) as required to meet the statutory requirements for water releases as specified in subsection 6.1 and (ii) only in quantities that do not exceed fifteen(15) percent of the forecast energy production of the Hoover Powerplant over the term of the Contract. Western will use best efforts to minimize use of generation from sources other than Federal Projects to satisfy its obligations under this Contract. Power made available to the Contractor, exclusive of Firming Energy purchases under subsection 6.9.4 which are scheduled and accounted for separately from the above power deliveries, shall be deemed to be from Hoover Powerplant. Subject to the Contract rights of all Contractors being preserved, except as provided in subsection 6.11.2,Western will utilize the BCP to optimize the operation of Federal Projects in coordination with Western's BA'requirements. Western shall be obligated to provide Ancillary Services to the Contractor in 18 quantities that can be provided by Hoover Powerplant, except as provided in subsection 6.11.2; provided, that Western may provide Ancillary Services from other resources, if such Ancillary Services can be made available from such other resources in the same quantity and quality as if such Ancillary Services were provided by Hoover Powerplant, subject to the limitations of subsection 6.11.2. 6.1.2.3 If integrated operation of the BCP with other Federal Projects confers a substantive power benefit upon such other Federal Projects, or if a substantive power benefit is conferred by other Federal Projects upon the BCP, Western shall equitably apportion such benefits and appropriate charges among the Federal Projects following consultation among the affected projects' contractors. Western shall provide the Contractor an opportunity to review, discuss, and comment on any integration agreement prior to execution of such agreement. 6.1.2.4 Western shall provide annual reports on integration of the projects assessing the impacts of integration. Western shall also report annually revenues collected from other Western customers into the BCP and losses assessed to Western for use of capacity. Western shall meet and confer with the Contractors regarding resource integration and revenues collected from other Western customers when requested. 6.1.2.5 Western will provide contractors of the Federal Projects the opportunity to review, discuss, and comment on the specific 19 guidelines Western will use for project integration in advance. Western will publish, maintain, and follow these guidelines for project integration and will submit proposed changes to contractors of the Federal Projects in advance to provide the same opportunity to review, discuss, and comment. 6.2 Undertaking of Western to Provide Contingent Capacity: Western shall provide, and the Contractor shall accept and schedule directly or through one(1) or more Scheduling Entities designated as provided for in this Contract, the Contractor's Contingent Capacity as set forth in this Contract. 6.3 Determination of Reductions in Contingent Ca aaccity: Reductions to Contingent Capacity may result due to Outages, river operation, or reservoir drawdown. Notice of reductions in Contingent Capacity shall be provided in accordance with the MSI. 6.3.1 Any reduction in Contingent Capacity due to a reduction in generating capacity or in the availability of capacity of the Hoover Powerplant, whether scheduled or unscheduled, shall be determined by Reclamation. 6.3.2 Any reduction in Contingent Capacity due to a reduction in transmission capability, whether scheduled or unscheduled, of the BCP transmission or delivery system, shall be determined by Western. 6.4 Allocation of Reductions in Contingent Capacity: Reductions in Contingent Capacity shall be borne pro rata among Schedule A, Schedule B, and Schedule D Contingent Capacity, and each Contractor's reduction in Contingent Capacity shall be based on the Contractors' Contingent Capacity allocation percentages in Attachment No. 1. 20 6.5 Availability of Excess Capacity: If Excess Capacity exists, Western shall make available such capacity on a pro rata basis to Schedule A, Schedule B, and Schedule D Contractors based on the allocation percentages in Attachment No. 1. 6.6 Limitations on Energy Deliveries: Electric energy shall be delivered to the Contractor in quantities which the Contractor may schedule or have scheduled, up to the Contractor's Available Capacity. The simultaneous rate of delivery of Firm Energy and Excess Energy at the Point of Delivery shall not exceed the Contractor's Available Capacity. Contractor's Available Capacity shall be available in any hour within the Billing Period except for reductions in accordance with subsection 6.11. 6.7 Contractor's Firm Enemy Allocations and Excess Energy Priority: Western shall allocate and deliver, and the Contractor shall schedule Firm Energy and Excess Energy, as follows: 6.7.1 Schedule A Firm Ener�: The allocation of Schedule A Finn Energy as listed in Exhibit A. 6.7.2 Schedule B Finn Energy: The allocation of Schedule B Firm Energy as listed in Exhibit A. 6.7.3 Schedule D Firm Energy: The allocation of Schedule D Firm Energy as listed in Exhibit A. 6.7.4 Total of Schedule A, Schedule B, and Schedule D, Firm Enemy: The quantity of Firm Energy allocated to the Contractor expressed as a percentage of the aggregate of Schedule A, Schedule B, and Schedule D, Firm Energy allocated to all Contractors as listed in Exhibit A. 6.7.5 Schedule C Excess Energy: The allocation for First, Second, and Third priority Excess Energy as set forth in Exhibit A. 21 6.7.6 Contractor's Available Energy: Established annually in accordance with subsections 6.8, 6.9, and Exhibit C. 6.8 Annual Ener&y: 6.8.1 Master Schedule: The Contractor's Available Energy, including any Excess Energy for the Summer and the Winter, and for each Billing Period of the ensuing sixteen (16)month period shall be set forth in the final Master Schedule. The Contractor's Available Energy, including any Excess Energy available, shall be determined in accordance with Exhibit C utilizing the gross energy that would have been produced at the Hoover Powerplant adjusted for energy exchanged with the Parker-Davis Project, without any loss of efficiency for providing Ancillary Services less station service use (exclusive of motoring energy) less transformer and transmission line losses to the Point(s) of Delivery at the Mead 230-kV Bus, shown in Exhibit B. 6.8.2 Allocation of Excess EneLgy: Whenever Excess Energy is available, Western shall deliver Excess Energy in accordance with the allocation and the order of priority set forth in Schedule C, shown in Exhibit A. 6.9 Deficiencies in Firm Energy: 6.9.1 The difference between 4,527.001 million kilowatt hours and 4,501.001 million kilowatt hours of energy generation during any Fiscal Year is deemed to be a deficiency in Firm Energy. To the extent that the actual generation at Hoover Powerplant in any Fiscal Year(less deliveries thereof to Arizona required by its first priority under Schedule C, whenever actual generation in any Fiscal Year is in excess of 4,501.001 million kilowatt hours) is less than 4,527.001 million kilowatt hours, such 22 deficiency shall be borne by each Contractor according to the percentages shown in Exhibit A. 6.9.2 Change in Characterization of Energy: When Excess Energy is forecast, scheduled, and delivered during any Fiscal Year, and later during such period it is forecast that only Firm Energy or a reduced quantity of Excess Energy deliveries can be made, the amount of over-delivered Excess Energy shall be accounted for and deducted from the Contractor's Available Energy in future months or as otherwise agreed upon, in accordance with the MSI provided for in subsection 6.12.2. 6.9.3 Minimum Schedules: The Contractor may be required to schedule or have scheduled a minimum amount of energy at times to meet minimum power system or water delivery requirements. Western may also require the Contactor to schedule energy up to ten (10)percent of the Contractor's Available Capacity for the current hour and next hour, if necessary, during low load hours when system frequency is high to meet power system minimum requirements. Western may require the Contractor to schedule a minimum amount of energy during Off-Peak Hours in order to allow Reclamation to comply with required minimum water releases. The number of kilowatt-hours to be taken during the Off-Peak Hours to meet minimum requirements will not exceed twenty-five(25)percent of the Contractor's monthly energy allocation, subject to critical conditions pertaining to reservoir drawdown, Outages, or river operations. 6.9.4 Firming Purchases: At the request of the Contractor and at the Contractor's expense, Western shall purchase Firming Energy to meet that Contractor's Firm Energy deficiency. Such firming purchases shall be 23 subject to a prior written agreement between the Parties that requires the Contractor to advance fund firming purchases and contains terms acceptable to both Parties. Under such agreements, Western shall make other purchases of capacity and/or energy to increase the Contractor's energy deliveries up to one-hundred (100)percent capacity factor of the Contractor's Contingent Capacity(Supplemental Firming Purchases) if requested by the Contractor. The price to the Contractor for Firming Energy and Supplemental Firming Purchases shall not include the LCRBDF Charge. 6.9.5 Lay Off of Energy: In the event a Contractor is unable to receive and make use of all or part of the Contractor's Available Energy in any month and declares an amount of energy to be available for lay off(Lay Off Energy), the Contractor may request Western to offer Lay Off Energy: first to other Contractors in the same schedule from which the Contractor's Allocation originates; second to all other Contractors; and third to any potential purchaser. No other Contractor shall be obligated to accept any Lay Off Energy. The charge to be paid by a purchaser agreeing to accept Lay Off Energy shall be the charge that would have been paid by the Contractor requesting the lay off of such energy including the LCRBDF Charge applicable to Firm Energy. A Contractor requesting Western to lay off the Contractor's Available Energy shall not be relieved of its obligation to pay for the Contractor's Available Energy. Any revenues received by Western under this subsection shall be credited against the requesting Contractor's obligation. 24 6.9.6 Lay Off Power: In the event a Contractor is temporarily unable to receive and make use of its Contractor's Allocation, the Contractor may request Western to offer Lay Off Power: first to Contractors within the same schedule from which the allocation originates; second to all other Contractors; and third to any potential purchaser. No other Contractor shall be obligated to accept any Lay Off Power. All Lay Off Power offers and resulting capacity and energy adjustments shall be made a minimum of one (1) full calendar month preceding such time as the Contractor is unable to receive and make use of its Contractor's Allocation. The charge to be paid by a purchaser agreeing to Lay Off Power shall be the charge that would have been paid by the Contractor requesting the lay off of such power including the LCRBDF Charge applicable to Firm Energy. Payments for the MSCP are a continuing obligation of the Contractor which are not collected under this Contract and therefore not paid by the purchaser of Lay Off Power. A Contractor unable to receive and make use of its Contractor's Allocation shall not be relieved of its obligation to make payments for the Contractor's Allocation. Any revenues received by Western under this subsection shall be credited against the requesting Contractor's obligation. Lay off of less than the full Contractor's Allocation will be allowed if Western develops the technical capability to do so in a practical manner. 6.10 Procedure for Developer the Master Schedule: 6.10.1 Inte-aration of BCP: Western will use the BCP with other resources available in order to make the deliveries of power from the BCP more useful to the Contractors in accordance with subsection 6.1. Such 25 integration shall not impair the rights of any Contractor. Western will provide an annual integration plan with other.Federal Projects for Contractor review and comment prior to development of the Master Schedule for that year. 6.10.2 Preparation of Draft Master Schedule: On or around March 1 of each year, Western shall furnish to the Contractor for review the first draft Master Schedule. The first draft of the Master Schedule shall contain the following by month for the BCP: (i) Reclamation's Hoover Dam 17- Month Operating Schedule showing estimated capacity and planned Outages; and (ii) a draft power generation schedule showing the best available forecast of energy, including projected integration with other Federal Projects, and a tabulation of forecasted Available Capacity to the Contractors during the ensuing sixteen(16)month period beginning on the I"Day of the month subsequent to the month the draft Master Schedule is issued. On or around May 1 of each year,Western shall furnish to the Contractor for review the second draft Master Schedule. The second draft of the Master Schedule shall contain everything that the first draft of the Master Schedule contained plus the results of any BCP Contractor's participation in the RIE Program. 6.10.3 Contractor's Proposed Delivery Schedule: Within fifteen(15) Days after receipt of the information listed in subsection 6.10.2, the Contractor may submit to Western comments on the draft Master Schedules. 6.10.4 Review of Draft Schedule: Western shall meet with all interested Contractors to review the draft Master Schedule including any proposed integration schedule and alternative schedules. Western shall provide 26 written notice to each Contractor thirty(30) Days prior to the date and location of such meeting. 6.10.5 Issuance of Final Master Schedule: After Western has considered any Contractor(s) comments provided for in subsections 6.10.3 and 6.10.4, it shall issue the final Master Schedule. Prior to September 1 of each year, Western shall furnish to the Contractor the final Master Schedule containing by month for the BCP: (i) Hoover Dam 17-Month Operating Schedule for the Hoover Powerplant showing estimated capacity and Outages; (ii) a power generation schedule showing the best available forecast of energy, including projected integration with the Parker-Davis Project, and a tabulation of forecasted Available Capacity to the Contractors; and (iii) the results of any Contractor's participation in the RIE Program during the ensuing sixteen (16) month period beginning on June 1 of the current year and extending through September 30 of the next year for each of the Contractors. The RIE Program in no way limits Western's integration of the BCP with Parker-Davis Project and other sources available to Western. 6.10.6 Revisions of Master Schedule: In the event of forced Outages, a change in forecasted river operations, or in scheduled Outages that necessitates a revision of the then effective Master Schedule, a revised Master Schedule shall be furnished to the Contractors as soon as possible after the data becomes available. 6.10.7 Reclamation's Right to Change Schedules: Reclamation reserves the right to reschedule, temporarily discontinue, reduce, or increase the delivery of water for the generation of electrical energy at any time in coordination 27 with Western to allow for changing reservoir and river conditions; maintenance, repairs, replacements and for investigations or inspections; or by reason of compliance with the statutory requirement referred to in subsection 6.1. 6.11 Use of Generation: 6.11.1 Scheduling Generation: Within the constraints of Outages, river operations, or reservoir drawdown, and to the extent the Contractor does not exceed its energy allocation, emergencies excepted, the Contractor shall have the right to schedule or have scheduled Loaded Synchronized Generation and Unloaded Synchronized Generation, the sum of which shall not exceed the Contractor's Available Capacity. Synchronized Generation shall be scheduled in advance following the NERC and WECC prescheduling calendars, emergencies excepted, and accounted for on the basis of such advance schedules, all in accordance with the MSI agreed upon in accordance with subsection 6.12.2. The MSI will provide for modifying such schedules to the needs of day-to-day or hour-by-hour operation. 6.11.2 Ancillary Services: Subject to subsection 6.11.1, the Contractor, through use of a dynamic signal from the Contractor or a Scheduling Entity to a control center designated by Western, or through other methods and procedures agreed upon by the Contractor and Western, shall have the right to use previously scheduled Synchronized Generation from zero (0) to full scheduled Synchronized Generation and the reverse; provided, that a Contractor's use of capacity for Ancillary Services shall not (i) have a detrimental effect on power system equipment at Hoover Powerplant or on river operations, as determined by Reclamation in accordance with 28 subsection 6.1.1; (ii) impair the rights of other Contractors to use capacity for Ancillary Services; or(iii)have a detrimental effect on Western's ability to utilize the BCP to optimize the operation of the Federal Projects. If the Contractor's use of Ancillary Services does impair such rights or have such detrimental effect, the Contractor's use of capacity for Ancillary Services will be restricted to the extent necessary and for as long as the condition continues to exist or until the impairment or detrimental effect is corrected. Western shall promptly consult with the Contractors and determine with the Contractors how such impairment or detrimental effect may be corrected. If restriction on the use of the Contractor's capacity is due to the impairment of Western's ability to utilize the BCP to optimize the operation of the Federal Projects, Western shall not reduce the Contractor's use of capacity for Ancillary Services by more than ten(10) percent of the Contractor's Available Capacity for Ancillary Services. 6.11.2.1 For Contractors receiving delivery of their Contractor's Available Energy deemed to be from Hoover Powerplant through static schedules, Western will provide ramping and hold reserves for such deliveries in accordance with regulatory standards. 6.11.3 Scheduling Under Emergency Conditions: During emergencies, the Contractor shall have the right for up to twelve(12)hours to schedule or have scheduled capacity in excess of previously scheduled amounts, up to its Contingent Capacity to the extent capacity is available. For purposes of this subsection and subsection 6.11.1, an emergency will be determined by the Contractor based upon standard utility practice. 29 6.11.4 Accounting for Use of Unloaded Synchronized Generation: The Contractor's use of energy to support the use of Unloaded Synchronized Generation for Ancillary Services in any Billing Period shall be accounted for by a reduction in the Contractor's Available Energy in the following Billing Period. The amount of the reduction in the Contractor's monthly Available Energy shall be the Contractor's proportional share of the energy used to support Unloaded Synchronized Generation for the benefit of all Contractors, and shall be determined in accordance with Exhibit D. The procedure for reducing the Contractor's Available Energy shall be as set forth in the MSI or as otherwise agreed to. 6.11.5 Scheduling Entit ies : In addition to the Authorized Representative(s) designated in section 23, the Contractor shall designate,by written notice to Western, a Scheduling Entity(ies)responsible for scheduling the Contractor's Allocation. Additional Scheduling Entities may be permitted subject to limits by Western in consideration of the additional cost and resources required. Any Contractor with deliveries in more than one(1) balancing area may at a minimum designate one(1) Scheduling Entity for each Balancing Authority. A Scheduling Entity must be designated at least sixty(60) Days prior to energy deliveries to said Scheduling Entity on behalf of the Contractor. The Contractor may change its Scheduling Entity upon sixty(60) Days written notice to Western, and the said change shall become effective at the beginning of the Billing Period immediately following the end of such notice period,provided that any necessary arrangements required to implement a Scheduling Entity change are in 30 place. In the event that the Contractor designates a Scheduling Entity which is also designated by other Contractors, energy deliveries shall be prorated by Western among, and charged and collected from, the Contractors for whom the same Scheduling Entity schedules generation, unless otherwise agreed to in writing by the Contractor(s) and such Scheduling Entity with written notice to and written agreement from Western. Said prorations shall be for a Billing Period and in the proportions that their respective Firm Energy and Excess Energy allocations bear to the aggregate Firm Energy and Excess Energy allocations of the Contractors for whom the Scheduling Entity schedules generation. In the event that the Contractor dynamically schedules generation through a Scheduling Entity that is a Contractor, energy reductions as provided in subsection 6.11.4 shall be borne by the Scheduling Entity in the absence of other written agreement between the Contractor(s) and such Scheduling Entity with written notice to and written agreement from Western. In the event that the Contractor dynamically schedules generation through a Scheduling Entity that is not a Contractor, energy reductions shall be borne by the Contractor. The procedures for metering and scheduling shall be included in the MSI. 6.11.6 Environmental Attributes: The Contractor shall have the right to utilize any Environmental Attributes associated with the Contractor's Allocation for compliance with any environmental laws, regulations, or standards applicable to the Contractor; provided, that any sale, transfer, or award of Environmental Attributes by the Contractor to third parties shall be subject to approval by Western, not to be unreasonably withheld. Western agrees 31 to undertake any reasonable actions necessary to effectuate the Contractor's use of the Environmental Attributes. Western makes no representation or warranty as to whether the Environmental Attributes associated with the Contractor's Allocation are compliance instruments that qualify for or meet any particular environmental laws, regulations, or standards applicable to the Contractor. The Contractor shall be responsible for all costs arising from or directly relating to the Contractor's use of Environmental Attributes. Any Environmental Attribute not utilized by the Contractor may be utilized by Western or Reclamation for the benefit of the Contractor or the BCP as appropriate and feasible; provided, that Western and Reclamation shall consult with the Contractor prior to utilization of any Enviromnental Attribute. 6.12 Coordination of Power System: 6.12.1 Operating Reserves: Each Party shall provide or cause to be provided applicable operating reserve requirements;provided, that such reserves shall meet or exceed the minimum reserve criteria established by the NERC, WECC, or successor organizations. 6.12.2 Metering and Scheduling Instructions (MSI): Scheduling of capacity and deliveries of energy shall be in accordance with the written MSI developed and agreed upon by the Authorized Representatives, detailing the operating arrangements and scheduling and accounting procedures to be used. The MSI shall be developed in conformity with the following principles: 32 6.12.2.1 The MSI are intended to implement the terms of this Contract, but not to modify or amend it and are, therefore, subordinate to this Contract. 6.12.2.2 It is the Contractor's responsibility to effectuate agreement(s) with Western and any third party or parties which may be necessary to enable the Contractor to accept deliveries hereunder, including arrangements necessary for dynamic scheduling if desired by the Contractor. 6.12.2.3 In the event that the Contractor's Authorized Representative does not execute the initial metering and scheduling instructions or any revised instructions which Western determines to be necessary, Western shall develop and temporarily implement revised instructions until mutually acceptable instructions have been developed and executed by Western, and the Authorized Representative of the Contractor. 7. BILLINGS, PAYMENTS, AND SCHEDULE OF RATES: 7.1 General: The Contractor shall pay monthly for electric service hereunder in accordance with the Base Charge and rates developed in accordance with the public process requirements required under 10 CFR Part 903, 10 CFR Part 904, and, to the extent applicable, Department of Energy Order RA 6120.2, as each may hereafter be amended or supplemented, and included in a rate schedule to be developed. The initial rate schedule is attached hereto as Attachment No. 5. Changes to the Base Charge or rates shall likewise be developed in accordance with the foregoing regulations and order. 33 7.2 Payment for Annual Base Charge: The Contractor shall pay for all of its proportionate share of the annual Base Charge as calculated below. Each monthly bill will include both a capacity charge and a charge for the associated Firm Energy. In addition to the proportionate share of the annual Base Charge,the Contractor shall pay the LCRBDF Charge on all Energy Deemed Delivered during the Billing Period, which excludes purchases of Firming Energy. Western shall continue to bill the Contractor for its portion of the annual Base Charge, regardless of the actual output of Hoover Powerplant, for reasons including but not limited to, low reservoir elevation or other uncontrollable forces. 7.3 Base Charge Calculation: The Base Charge shall be so calculated as to provide the dollar amount of the estimated Annual Revenue Requirement of the BCP during each of the next five (5) Fiscal Years. Prior to October 1 of each Rate Year, Western shall determine the Base Charge through the Rate Year Power Repayment Study(PRS) and an estimate for the four(4) Fiscal Years following the Rate Year. Each Fiscal Year may have a different Base Charge. 7.4 Annual Revenue Requirement Formula: The Annual Revenue Requirement (C) for the BCP shall be established in accordance with the following formula: C= O&M+ DS +PR+ MC +WC +P - (W+ VF+ B +CO + 0), where 7.4.1 O&M is the cost associated with Reclamation's and Western's projected BCP operation and maintenance costs, which include costs for the operation and maintenance of the visitor facilities. 7.4.2 DS is the debt service cost associated with the BCP debt owed to the United States Treasury, which includes annual interest, capital costs of investments and repayment of the remaining balance on twenty-five(25) million dollars that was allocated to flood control, as defined in 34 10 CFR Part 904 Section 904.5(b)(2), (5), (6) and (7). Debt associated with the visitor facilities and air slots incurred prior to October 1, 2017, is no longer an obligation owed to the United States. The United States Treasury debt associated with general maintenance and equipment (GM&E) and dam appurtenances (D&A) are repaid as of October 1, 2017. DS is determined by the uniform debt service over its fiill allowable remaining amortization period; provided, however, that the cumulative amount of principal to be paid by the Contractors over the tern of the Contract shall be no greater than the sum of the principal amounts over such period which would result from uniform annual annuity payments for each debt item issued over its allowable repayment period shown in 10 CFR Part 904 Section 904.5 (c). 7.4.3 PR is the cost associated with Reclamation's and Western's projected replacement costs for the BCP,which include costs for visitor facilities replacements. 7.4.4 MC is BCP related costs to be recovered by the Base Charge, not defined in any other category within the formula of the Annual Revenue Requirement, in an amount determined after consultation among Western, Reclamation, and the Contractors. 7.4.5 WC is the Working Capital adjustment(increase or decrease). 7.4.6 P is the payments to the States of Arizona and Nevada, in accordance with 10 CFR Part 904 Section 904.5(b) (4). 7.4.7 W is the annual water diversion revenue received by Reclamation in accordance with its water contracts as authorized by the Boulder Canyon Project Act. 35 7.4.8 VF is the revenue associated with the visitor facilities. 7.4.9 B is the benefits paid to (-)or benefits received from (A-)the Parker-Davis Proj ect. 7.4.10 CO is the carryover of revenue surplus (+) or deficit (-) from the previous Fiscal Year as shown in the PRS excluding the funds for the working capital balance. 7.4.11 O is revenue and funds from any other source as properly allocated to the BCP in accordance with published regulations. 7,5 Forecast Rates: One-half of the estimated Annual Revenue Requirement shall be provided by revenues from the sale of capacity(Capacity Dollar) and one-half by revenue from the sale of energy(Energy Dollar). Once the Annual Revenue Requirement is determined for each Rate Year,Western shall calculate a Forecast Capacity Rate and a Forecast Energy Rate. The Forecast Capacity Rate shall be equal to the Capacity Dollar divided by 2,074,000 kilowatts. The Forecast Energy Rate shall be equal to the Energy Dollar divided by the lesser of the total Master Schedule energy or 4,501.001 million kilowatt-hours. T6 Capacity Charge: For each month in the Rate Year, Western shall bill each Contractor for a capacity charge equal to one-twelfth(1/12) of the Capacity Dollar multiplied by each Contractor's Contingent Capacity percentage as set forth in Attachment No. 1. 7.7 Energy Charge: For each month in the Rate Year,Western shall bill each Contractor for an energy charge equal to that period's Monthly Energy Ratio, multiplied by the Contractor's Energy Dollar. 7.8 Calculated Energy Rate: Within ninety(90) Days after the end of the Fiscal Year and the Energy Deemed Delivered has been determined, Western shall determine 36 the Calculated Energy Rate by dividing fifty (50) percent of the Annual Revenue Requirement by the Energy Deemed Delivered. For any Rate Year in which Energy Deemed Delivered is greater than 4,501.001 million kilowatt hours, Western shall apply the Calculated Energy Rate to each Contractor's Energy Deemed Delivered to determine the Contractor's actual energy charge. Western shall then establish a credit or debit for each Contractor based on the difference between the Contractor's Energy Dollar and the Contractor's actual energy charge, to be applied in the month following the calculation or as soon as possible thereafter. The sum of all such credits due the Contractors shall equal the sum of all debits paid by the Contractors in each Fiscal Year. 7.9 Carryovers: In any Fiscal Year when a carryover exists due to Actual Expenses being less than the Annual Revenue Requirement and/or actual revenues being more than the estimated revenues on which capacity and energy payments were based, such carryover shall reduce the next Fiscal Year Annual Revenue Requirement. 7.10 Overruns: Overruns will be as provided for in accordance with subsection 7.5 of the MSI and Attachment No. 5 using the Forecast Capacity Rate and the Forecast Energy Rate applicable for each month for each Contractor that incurs Overruns. Such amounts shall be considered other revenue (0) in the Annual Revenue Requirement calculation and shall be carried over to the next Fiscal Year. Additionally, such amounts shall not be used in the calculation cited in subsection 7.8. 7.11 Review of Base Charge: The Base Charge shall be reviewed annually with the Contractors. The Base Charge shall be adjusted either upward or downward annually if necessary to assure sufficient revenues to effectuate payment of all 37 costs and financial obligations associated with the BCP in accordance with 10 CFR Part 904.5. The Administrator shall provide all Contractors an opportunity to comment on any proposed adjustment to the Base Charge in accordance with the Department of Energy's power rate adjustment procedures then in effect. 7.12 Rates: The rate methodology and the calculated rates established in accordance with this section 7 for the first Rate Year, and established each fifth (5`h) Fiscal Year thereafter, shall become effective provisionally upon approval by the Deputy Secretary of Energy subject to final approval by the Federal Energy Regulatory Commission. For all other Fiscal Years, the rate shall become effective upon approval by the Deputy Secretary of Energy. 7.13 Billing and Transfer of Funds: Bills will be issued for the preceding month within three (3)working Days after the end of the Billing Period. Payments of bills issued by Western are due and payable by the Contractor before the close of business on the twentieth (20th) Day after issuance of the bill, or the next business Day thereafter, if said Day is Saturday, Sunday, or a Federal holiday. Western shall transfer the revenue collected from the Contractor to Reclamation's account on the next to last business Day of each month, except for the month of September when the transfer shall be made on the last business Day of the month. 8. HOOVER POWERPLANT REPLACEMENTS,MODIFICATIONS, OR ADDITIONS: Funding provided under this Contract for replacements, modifications, or additions relating to Hoover Powerplant may result in an increase of the generation capacity, energy efficiency, or a change in Ancillary Services from Hoover Powerplant. The increased capacity, energy, or other power attributes resulting from such replacements,modifications, or additions shall be made available to the Contractors on a 38 pro rata basis in accordance with section 6. Other power development not included in the BCP Ten Year Operating Plan shall be implemented in accordance with Section 11 of the Restated Agreement. Agreements for such other power development under Section 11 of the Restated Agreement shall require payments to the BCP as appropriate. 9. RESALE OF ELECTRIC ENERGY: 9.1 Distribution Principles: The purpose of making low-cost, Federally-generated power available is to encourage the most widespread use thereof, and therefore for entities which resell power purchased under this Contract the benefits of electric service supplied under this Contract shall be made available to its consumers at rates or charges that are established at the lowest possible level consistent with sound business principles. These rates or charges must be established in an open and public manner. The Contractor further agrees that it will identify the costs of electric service supplied under this Contract to its consumers upon request. The Contractor will demonstrate compliance with the requirements of this subsection to Western upon request. 9.2 Sales to Resale Customers: No Contractor shall sell for profit any of the power contracted for hereunder to any Contractor or to any resale customer of the Contractor for resale by that resale customer, provided, that Contractor transactions utilizing capacity and/or energy under this Contract with an entity or entities that coordinate, control,monitor, or support operation of the bulk electric system, or act as a marketplace operator in wholesale power, or procure products or service on behalf of any such entity, including but not limited to independent system operators, regional transmission organizations, Balancing Authorities, or successor organizations associated with the Contractor's load shall not be considered a sale for resale. Contractor transactions utilizing capacity and/or 39 energy purchased under this Contract with their designated Scheduling Entity shall also be penrnitted subject to Western's review that such transactions result in delivery of electric service to the Contractor or the Contractor's customers consistent with subsection 9.1. 9.3 Delivery Arrangements for Native American Tribes: Delivery arrangements for Native American Tribes published in the Federal Register Notice 78 FR 79443, dated December 30, 2013,may be made with other Western electric service customers within the BCP marketing area. Such delivery arrangements, which may include benefit or bill crediting to allow Native American Tribes to receive the economic benefit of their allocations, shall not be considered a sale for resale. MSCP payments and LCRBDF Charges for Tribal Contractors shall be determined based on the location of the Tribal Contractors irrespective of the delivery arrangements. 10. INTEGRATED RESOURCE PLANS AND SMALL CUSTOMER PLANS: 10.1 The Contractor shall comply with the IRP, Small Customer Plan, or other acceptable plan, as applicable, in accordance with the EPAMP, dated March 30, 2000, in Federal Register Notice 65 FR 16789. 10.2 Western shall administer the IRP or other acceptable plan requirements, as applicable, in accordance with the EPAMP. Subject to approval by Western, plans submitted to state authorities, with any needed supplements or modifications, may also meet the IRP requirements. Allocations for Native American Tribes delivered to other Western customers, as provided for in the Federal Register Notice 78 FR 79443, dated December 30, 2013, may be reported by the entity receiving the allocation in accordance with a benefit or bill crediting arrangement. Contractors that subcontract their Contractor's Allocations may 40 meet the IRP requirements through submission of the proper IRP's or other acceptable plans by each of the Contractor's subcontractors. 10.3 The Contractor's failure to comply with the IRP or acceptable plan requirements, after exhaustion of all appeals, will result in the application of penalties in accordance with the EPAMP Federal Register Notice 65 FR 16801, dated March 30, 2000. These penalties shall not be applied to Tribal Contractors who have allocations delivered to other Western customers in accordance with benefit crediting arrangements. 11. LOWER COLORADO RIVER MULTI-SPECIES CONSERVATION PROGRAM: In accordance with the Hoover Power Allocation Act of 2011 and the Conformed Criteria, each Schedule D Contractor shall pay its proportionate share of its State's respective contribution to the cost of the MSCP. The billing and collection of MSCP payments will be in accordance with the Restated Agreement. These costs will not be . billed or collected under this Contract. 12. CREDITWORTHINESS: Due to the distinctive funding aspects and advance working capital funding requirements of the BCP, Western's Creditworthiness Procedures do not apply to this Contract. Section 17 addresses the manner in which Contractors who are in default due to non-payment may provide financial assurance to restore electric service. 13. REPAYABLE ADVANCES: In accordance with the Hoover Power Allocation Act of 2011, Reclamation, on behalf of Western, shall collect from Schedule D Contractors a pro rata share of Repayable Advances for distribution to Schedule A and Schedule B Contractors as specified in the Restated Agreement. Collection and distribution of Repayable Advances at the end of the term of this Contract are provided for under the Restated Agreement. 41 14. OBLIGATION TO EXECUTE RESTATED AGREEMENT: The Parties shall complete and execute the Restated Agreement, consistent with this Contract and in accordance with the Hoover Power Allocation Act of 2011. The Restated Agreement is intended to implement the terms of this Contract, but not to modify or amend this Contract. 15. REALLOCATION OF SCHEDULE D POWER NOT UNDER CONTRACT BY OCTOBER 1,2016: As prescribed by the Federal Register Notice 78 FR 79443, dated December 30, 2013, any Schedule D power allocated by Western not under contract by October 1, 2016, shall be made available for redistribution on a pro-rata basis to remaining Schedule D allottees. If Western has determined that any Schedule D power will not be under contract on October 1, 2016, Western will provide written notice to all Schedule D Contractors. Schedule D Contractors will have sixty(60) Days to accept by written notice any such additional Schedule D power that may become available from reallocation. Once a reallocation of Schedule D power is completed, Western shall issue a new Exhibit A to affected Schedule D Contractors to reflect the revised allocations and revised Attachments Nos. 1 and 2 to all Contractors. No Contractor's Contingent Capacity or Firm Energy allocation will be reduced by a reallocation of Schedule D power. Any Schedule D power not under contract by October 1, 2017, shall be distributed to Schedule A and Schedule B Contractors as prescribed by the Hoover Power Allocation Act of 2011. 16. RELINQUISHMENT AND REALLOCATION OF CONTRACTOR'S ALLOCATION: 16.1 At any time the Contractor may make a written request to Western to relinquish all of the Contractor's Allocation for the remaining duration of this Contract. Upon receiving a written request for relinquishment, Western shall provide notice 42 to other Contractors within thirty(30) Days and seek to reallocate the Contractor's Allocation as provided for in subsections 16.2 through 16.8. Western may consider reallocation of less than all of the Contractor's Allocation if requested. Western reserves the right,however, to not provide for any reallocation to an entity that it deems a financial risk to the BCP so long as reallocation is not withheld from a Contractor with a timely payment history. The Contractor shall remain responsible for all payments under this Contract unless and until a reallocation of the Contractor's Allocation is implemented. 16.2 For Schedule D power allocated to entities in California, Western shall first offer the Contingent Capacity and Firm Energy to all other Schedule D Contractors in California, next to all other Schedule D Contractors, and last to all other Contractors. 16.3 For Schedule D power allocated by Western and offered through the Arizona Power Authority (APA) or the Colorado River Commission (CRC), Western shall first offer,pro rata, the Contingent Capacity and Firm Energy to other Schedule D subcontractors that are Western allottees in their respective State. If any Schedule D power allocated by Western and offered through APA or CRC remains, Western shall then offer to Tribal Contractors in Arizona and Nevada, next to all other Schedule D Contractors, and last to all other Contractors. 16.4 For Schedule D power allocated to Tribal Contractors in Arizona and Nevada, Western shall first offer the Contingent Capacity and Firm Energy first to all other Tribal Contractors in Arizona and Nevada. If any remains, Western shall offer next to APA and CRC to be offered to Schedule D subcontractors in their respective State, then to all other Schedule D Contractors, and last to all other Contractors. 43 16.5 For Schedule B power, Western shall offer the Contingent Capacity and Finn Energy first to other Schedule B Contractors in the same state, next to all other Schedule B Contractors, and if any remains, to all other Contractors. 16.6 For Schedule A power, Western shall offer the Contingent Capacity and Finn Energy first to other Schedule A Contractors in the same state, next to all other Schedule A Contractors, and if any remains, to all other Contractors. 16.7 In offering a reallocation of a Contractor's Allocation, Western shall provide a reasonable period, based on factors such as the size of the allocation and urgency, for Contractors to evaluate and respond to whether they will accept such a reallocation. Offers for reallocation will be made on a pro rata basis except if Western determines there is evidence of financial risk in offering a reallocation to a Contractor or if that reallocation would result in Federal allocation for the Contractor in excess of load. Any Contractor accepting a reallocation shall be responsible for payment of its pro rata share of the Repayable Advances, Working Capital, and reconciling items associated with the relinquishing Contractor's current balance for these items at the time of the reallocation, as provided for under section 21 of the Restated Agreement,unless reimbursement for these items is waived by written notice to Western from the Contractor requesting the reallocation of their Contractor's Allocation. 16.8 In the event that existing Contractors do not accept reallocation of all of a Contractor's Allocation, Western may attempt to reallocate the remaining Contingent Capacity and Firm Energy to other entities eligible under section 5 of the Boulder Canyon Project Act. 16.9 Prior to reallocation of the Contractor's Allocation, the Contractor may utilize the Lay Off Energy and Lay Off Power provisions in subsections 6.9.5 and 6.9.6. 44 Further, the Contractor may request that any of the Contractor's power not accepted as Lay Off Energy or Lay Off Power be sold by Western to any entity at best available price. Revenues received by Western under this subsection shall be credited against the requesting Contractor's obligation provided that the credit to the Contractor does not exceed the rate that would have been paid by the Contractor for the power. 16.10 If the Contractor's Allocation is reallocated, this Contract shall tenninate under subsection 4.4 and the Contractor shall have no further payment obligations after termination except for outstanding Contract payment obligations incurred prior to the effective date of the reallocation. 16.11 Hypothecation of Contract by Contractor: The Contractor may hypothecate, pledge, or encumber this Contract as collateral for the faithful performance under any debt obligation incurred by the Contractor directly or through a joint powers agency of which the Contractor is a member in furtherance of serving the Contractor's public utility customers, administering the Contractor's load, or performing the Contractor's legal obligation to furnish electric power and energy to the extent the terms of such hypothecation or encumbrance are not inconsistent with the terms and conditions of the Contract. 17. DEFAULT BY THE CONTRACTOR AND TERMINATION BY WESTERN: 17.1 Western shall issue a written notice to the Contractor if the Contractor fails to make any payment required under section 7 of this Contract or payment required under sections 16 and 20 of the Restated Agreement within thirty(30) Days after the due date. The Contractor shall be in default under this Contract if the failure to make payment is not cured within thirty(30) Days after such notice is given. Notice of default shall be provided to all other Contractors. In the event of failure 45 to make payment by a crediting partner of a Tribal Contractor, both the crediting partner and Tribal Contractor shall be notified and the payment shall be due from the Tribal Contractor within thirty(30) Days after such notice. The Tribal Contractor shall be in default under this Contract if the failure is not cured within sixty(60) Days after such notice is given and notice of default shall be provided to all other Contractors. 17.2 Upon the occurrence of a Contractor default under subsection 17.1, Western shall immediately: (a)treat the defaulting Contractor's Allocation as Lay Off Power and utilize revenues from sales to offset unpaid amounts from the defaulting Contractor; and (b)pursue all reasonable remedies to recover unpaid amounts from the defaulting Contractor and/or from sales of the Contractor's Allocation. 17.3 In the event of a default by a Contractor under subsection 17.1 and Western's implementation of the actions set forth in subsection 17.2, Contractor may cure its default and restore electric service at any time prior to termination of this Contract in accordance with subsection 17.4 by paying Western the full amount in arrears and: (a)providing collateral reasonably satisfactory to Western (e.g., an irrevocable and unconditional corporate guaranty or an unconditional and irrevocable letter of credit as security to meet the Contractor's responsibilities and obligations that complies with Uniform Customs and Practice for Documentary Credits requirements), or(b) advance payment of three(3)months electric service. A Contractor that cures a default and makes timely and full payments to Western for at least twelve (12) consecutive months may petition Western to release the collateral previously provided under subsection(a) above, or return any unused portions of advance payment made under subsection (b) above. Western will consider any such requests in good faith. 46 17.4 If any required payment cited in subsection 17.1 is delinquent by ninety(90) Days or more beyond the payment due date, Western may at its discretion terminate this Contract,provided that the Contractor's obligation to snake payment for electric service herein shall survive termination of this Contract unless and until Western reallocates the Contractor's Allocation to other entities. The terminated Contractor shall remain obligated for outstanding payments for electric service prior to the effective date of such reallocation. 17.5 Upon termination of this Contract, Attachment No. 1 and Attachment No. 2 shall be revised to reflect changes in allocation percentages on a pro rata basis for the remaining Contractors until the terminated Contractor's Allocation is permanently reallocated. Western will offer the terminated Contractor's Contract Allocation to potential transferees in accordance with the procedures set forth in subsections 16.2 through 16.8. The Contractor whose Contractor's Allocation has been terminated shall not receive any reimbursement as set forth in subsection 21.2 of the Restated Agreement. 17.6 Any amounts received from the terminated Contractor shall be considered other revenue (0) in the Annual Revenue Requirement calculation and shall be carried over to the next Fiscal Year. 18. ATTACHMENTS: Certain terms of this Contract that may change during the term of this Contract are set forth in attachments as formulated and modified from time to time. The initial Attachments 1 through 6 are attached hereto, and each is incorporated into this Contract in accordance with its respective terms until superseded by a subsequent attachment. Western shall provide to the Contractors written notice of, and opportunity to comment on, any change,modification, or addition of an attachment at least thirty(30) Days prior to the effective date of such revised attachment and at least ninety(90) Days 47 for an additional attachment. Changes, additions, or modifications to the attachments shall be reflected in new or revised attachments and will be distributed in accordance with Provision 40 of the General Power Contract Provisions. This section does not permit and shall not be interpreted to allow Western to distribute or issue any attachment on a subject matter not addressed in an initial attachment without the prior written consent of the Contractor. 19. GENERAL, POWER CONTRACT PROVISIONS: The General Power Contract Provisions effective September 1, 2007, attached hereto as Exhibit E, are hereby made a part of this Contract with the same force and effect as if expressly set forth herein; Provided, that Provisions 4, 11, 13, 14.2, 15 through 30, shall not apply to this Contract. Future revisions to the General Power Contract Provisions shall not be applicable to this Contract except as may be provided for in a new exhibit executed by the Authorized Representatives. 20. DISPUTES: 20.1 Western Actions Reviewable: All decisions, directions, and determinations of Western under this Contract, including those decisions, directions, or determinations which call for the exercise of discretion, are subject to review as provided in this section. However, the Contractor shall comply with any such decision, direction, or determination unless and until it is reversed or modified by the Administrator, or by a court or by arbitration, in accordance with subsection 20.3. Unless the Contractor exercises its rights under subsection 20.3, such decisions, directions, and determinations are binding on the Contractor. 20.2 Reclamation Actions Reviewable: All decisions, directions, and determinations of Reclamation under this Contract, including those decisions, directions, or determinations which call for the exercise of discretion, are subject to review as 48 provided in this section. However, the Contractor shall comply with any such decision, direction, or determination unless and until it is reversed or modified by the Secretary of the Interior, or by a court or by arbitration, in accordance with subsection 20.3. Unless the Contractor exercises its rights under subsection 20.3, such decisions, directions, and determinations are binding on the Contractor. 20.3 Disputes and Disagreements: The Parties agree to discuss in good faith any dispute or disagreement as to interpretation of or performance pursuant to the Hoover Power Plant Act of 1984, the Hoover Power Allocation Act of 2011, and applicable regulations or this Contract. The Parties also agree to consider the use of arbitration to resolve disputes or disagreements prior to filing suit in Federal court. Any dispute or disagreement to be addressed in arbitration that falls under the responsibility of the Secretary of Energy, shall be resolved in accordance with 10 C.F.R. Section 904.13 in effect as of the date of execution of this Contract. Any dispute or disagreement to be addressed in arbitration that falls under the responsibility of the Secretary of the Interior shall be resolved in accordance with 43 C.F.R. Section 431.8 in effect as of the date of execution of this Contract. 20.4 Tribal Contractor agrees to a limited waiver of sovereign immunity solely to allow the federal Parties to enforce Tribal Contractor's obligations under this Contract through arbitration as set forth in 10 C.F.R. Section 904.13 or 43 C.F.R. Section 431.8, and through litigation in Federal courts of competent jurisdiction. Aside from this limited waiver, nothing in this Contract, or in any current or future schedules, attachments, exhibits, amendments, or addenda, is intended to be or shall be construed as a waiver of Tribal Contractor's sovereign immunity. Except as otherwise provided in this subsection 20.4, the Parties understand and agree that neither this Contract nor any underlying law or 49 procedure abrogates or waives Tribal Contractor's sovereign immunity from suit in any state or federal court or confers jurisdiction on any such court. 21. AMENDMENTS AND MODIFICATIONS: This Contract may be amended or modified only by an amendment or modification duly executed by the Parties. 22. EXHIBITS: Certain requirements or provisions of this Contract that may change during the term hereof are set forth in respective Exhibits A through E. The initial Exhibits A through E are attached hereto and made a part hereof, and each shall be in force and effect in accordance with its respective provisions until superseded by a subsequent exhibit executed by the Authorized Representative(s). The initial Exhibit A may be reissued by Western prior to October 1, 2017, for reallocation of Schedule D power, if applicable to the Contractor, in accordance with section 15. On or after October 1, 2017, exhibits may only be added or revised by execution by the Authorized Representative(s). Each superseding exhibit shall be attached to and become part of this Contract. 23. AUTHORIZED REPRESENTATIVES: Each Party, by written notice to the other, shall designate the representative(s)who is (are) authorized to act on its behalf with respect to those matters contained herein which are the functions and responsibilities of its Authorized Representative(s). In case a Party designates more than one(1)representative, the notice shall state the particular matter(s)upon which each designated representative is authorized to act. Either Party may change the designation of its Authorized Representative(s)upon oral notice given to the other and confirmed promptly by written notice. 24. APPLICABLE LAWS, MODIFICATIONS,EXTENSIONS,AND WAIVERS: 24.1 Applicable Laws: Any reference in this Contract to any Federal act, statute, or regulation, shall be deemed to be a reference to such act, statute, or regulation and all amendments and supplements thereto in existence on the date of execution of this Contract,unless specifically noted otherwise; provided, that nothing in this 50 Contract is intended to limit the sovereign authority of Congress. The charges for electric service under this Contract are currently established to recover the costs and financial obligations associated with the BCP as specified by law. In the event that a Change in Law materially impairs any right, benefit or interest of Contractor under this Contract, or-imposes any material increase in cost, or reduction in allocation of capacity or energy, or otherwise materially changes an obligation on Contractor hereunder, the Parties shall promptly meet and discuss in good faith regarding possible changes to this Contract to mitigate the impact of the Change in Law. The rights and remedies under this section 24 are cumulative and in addition to, not exclusive of or in substitution for, any other rights and remedies available under law or equity. 24.2 Modifications, Extensions, and Waivers: Any modification, extension, or waiver of any provision or requirement of this Contract granted for the benefit of Contractor(s) in connection with electric service from the BCP shall not be denied to any other Contractor; provided, that any Federal obligations due to the unique constitutional and political status of Native American Tribes shall remain exclusive to Tribal Contractors. 25. CONTINUED COOPERATION: Western and Reclamation will coordinate with the Contractors and work together in a collaborative manner to accommodate changes in circumstances during the term of this Contract including,but not limited to, evolving wholesale energy markets and transmission services, modifications to the BCP, and changes in technology and hydrology. Nothing in this Contract limits the United States or Tribal Contractors from government-to-government relations. 26. FORWARD CONTRACT: The Parties acknowledge and agree that all transactions under this Contract constitute a"forward contract," and Western acknowledges it is a 51 "forward contract merchant" within the meaning of the United States Bankruptcy Code (11 U.S.C. §101 et seq., as amended). 27. PRIORITY OF CLAIMS OF THE UNITED STATES: Claims of the United States arising out of this Contract shall have priority over all others, secured or unsecured. 28. ACCESS TO BOOKS AND RECORDS: The Authorized Representative(s) of the Contractor may request applicable portions of all Western and Reclamation books and records related to transactions associated with this Contract subject to federal laws, regulations, and Western's and Reclamation's retention policies. 29. REFERENCE TO SECTION OR SUBSECTION: A reference to a section or subsection shall include all the subparts of such referenced section or subsection. 30. EFFECT OF CONCURRENCE OF RECLAMATION: The concurrence in this Contract by Reclamation signifies its contractual commitment to discharge the obligations of the United States, acting through Reclamation, as provided in subsections 6.1.1, 6.3.1, 6.10.7, 20.2, and section 11. Reclamation's concurrence further signifies that it shares contractual commitment to discharge the obligations of the United States, with Western, as provided for in subsections 4.1, 6.11.6, 20.3, and sections 13, 25, and 28. The execution of this Contract by Western signifies its contractual commitment to discharge the obligations of the United States, acting through Western, as provided for in all other sections and subsections of this Contract. 31. EXECUTION IN COUNTERPART: This Contract may be executed in any number of counterparts and, upon execution and delivery by each Party, the executed and delivered counterparts together shall have the same force and effect as an original instrument as if all Parties had signed the same instrument. Any signature page of this Contract may be detached without impairing the legal effect 52 of any signatures thereon, and may be attached to another counterpart of this Contract identical in form hereto, by having attached to it one (1) or more signature pages. 32. AUTHORITY TO EXECUTE: Each individual signing this Contract certifies that the Party represented has duly authorized such individual to execute this Contract that binds and obligates the Party. [Remainder of Page Intentionally Blank] 53 The Parties agree this Contract No. 16-DSR-12650 has been executed by duly authorized representatives of the Contractor, Western, and Reclamation and is to be effective in accordance with section 4, herein. THE UNITED STATES OF AMERICA DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION Date, By Jack D. Murray Title Vice President of Power Marketig Address for Desert Southwest Region P.O. Box 6457 Phoenix AZ 85005-6457 CONCURRENCE OF THE UNITED STATES OF AMERICA DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION Date By Terrance J. Fulp, Ph.D. Title Regional Director Address Bureau of Reclamation Lower Colorado Region P.O. Box 61470 Boulder City, NV 89006-1470 54 The Parties agree this Contract No. 16-DSR-12650 has been executed by duly authorized representatives of the Contractor and is to be effective in accordance with section 4, herein. (SEAL) CITY OF VERNON, CALIFORNIA ATTEST By By Carlos R. Fandino, Jr. Title Title City Administrator Date Address City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 55 The Parties agree this Contract No. 16-DSR-12650 has been executed by duly authorized representatives of the Contractor and is to be effective in accordance with section 4, herein. (SEAL) CITY OF VERNON, CALIFORNIA ATTEST By -- --- By Carlos R. Fandino, Jr. Title Title City Administrator Date Address City of Vernon 4305 Santa Fe Avenue Vernon CA 90058 55 The Parties agree this Contract No. 16-DSR-12650 has been executed by duly authorized representatives of the Contractor and is to be effective in accordance with section 4, herein. (SEAL) CITY OF VERNON, CALIFORNIA ATTEST By _ By Carlos R. Fandino, Jr. Title Title City Administrator Date Address City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 55 CERTIFICATE I, , certify that I am the the state named as Contractor herein; that who signed the above Contract No. on behalf of said Contractor was then its General Manager; and that said Contract was duly signed for and in behalf of said Contractor by authority of its governing body and is within the scope of the powers conferred by the laws of the State of (Title) Address Date Exhibit A Contract No. 16-DSR-12650 City of Vernon CONTRACTOR'S SCHEDULE A, SCHEDULE B, AND SCHEDULE D CONTINGENT CAPACITY 1. This Exhibit A, under and as part of Contract No. 16-DSR-12650 (Contract), shall become effective October 1, 2017, and shall remain in effect until superseded by another Exhibit A as approved by the Authorized Representative(s); provided, that this Exhibit A or any superseding Exhibit A shall be terminated upon expiration of this Contract. 2. Schedule A Contingent Capacity expressed as a percentage of total Schedule A Contingent Capacity is documented below. Contractor Schedule A Contingent Capacity (kW) (%) City of Vernon 000 0.0000 3. Schedule B Contingent Capacity expressed as a percentage of total Schedule B Contingent Capacity is documented below. Contractor Schedule B Contingent Capacity (kW) (%) City of Vernon 22,218 4.3738 4. Schedule D Contingent Capacity expressed as a percentage of total Schedule D Contingent Capacity is documented below. Contractor Schedule D Contingent Capacity (kW) (%) City of Vernon 000 0.0000 Page 1 of 4 Exhibit A Contract No. 16-DSR-12650 City of Vernon 5. Schedule A, B, and D Total Contingent Capacity is documented below. Contractor Schedule D Contingent Capacity (M) (%) City of Vernon Contingent Capacity Totals Schedule A, B, and D 22,218 1.07131 Percentage is based upon 2074 MW Page 2 of 4 Exhibit A Contract No. 16-DSR-12650 City of Vernon SCHEDULE A, SCHEDULE B, AND SCHEDULE D FIRM ENERGY 1. Schedule A Finn Energy is documented below. Finn Energy (Thousands of kWh) Contractor Summer Winter Total City of Vernon 000 000 000 2. Schedule B Finn Energy is documented below. Firm Energy (Thousands of kWh) Contractor Summer Winter Total City of Vernon 18,546 8,054 26,600 3. Schedule D Firm Energy is documented below. Finn Energy (Thousands of kWh) Contractor Summer Winter Total City of Vernon 000 000 000 4. Schedule A, B, and D Total Finn Energy is documented below. Contractor Finn Energy Thousands of kWh Percent City of Vernon Finn Energy Totals Schedule A, B, and D 26.600 0.5876 Page 3 of 4 Exhibit A Contract No. 16-DSR-12650 City of Vernon SCHEDULE C EXCESS ENERGY 1. Schedule C excess energy is defined by the Priority of Entitlement to Excess Energy. Priority of Entitlement to Excess Energy First: The first 200 million kWh for use within the State of Arizona; provided, that in the event Excess Energy in the amount of 200 million kWh is not generated during any year of operation, Arizona shall accumulate a first right to delivery of Excess Energy subsequently generated in an amount not to exceed 600 million kWh, inclusive of the current year's 200 million kWh. Said first right of delivery shall accrue at a rate of 200 million kWh per year for each year Excess Energy in the amount of 200 million kWh is not generated, less amounts of Excess Energy delivered. Second: Meeting Hoover Dam contractual obligations under the States of Arizona, California, and Nevada for; Schedule A (Schedule A), Schedule B (Schedule B), and Schedule D (Schedule D), not to exceed 26 million kWh hours in each year of operation. Third: Meeting the energy requirements of the States of Arizona, California, and Nevada; such available Excess Energy to to be divided equally among the three States. 2. Third Priority Excess Energy for California is documented below. Contractor Percent City of Vernon 1.4395 3. This Exhibit A to Contract No. 16-DSR-12650 may be modified in accordance with section 22 of this Contract. Page 4 of 4 Exhibit B Contract No. 16-DSR-12650 City of Vernon DELIVERY CONDITIONS 1. This Exhibit B,under and as part of Contract No. 16-DSR-12650 (Contract), shall become effective October 1, 2017, and shall remain in effect until superseded by another Exhibit B as approved by the Authorized Representative(s); provided, that this Exhibit B or any superseding Exhibit B shall be terminated upon the expiration of this Contract. 2. POINT(S) OF DELIVERY: Western shall deliver power to the Contractor at the Mead 230-kV Bus. 3. This Exhibit B to Contract No. 16-DSR-12650 may be modified in accordance with section 22 of this Contract. Page 1 of 1 Exhibit C Contract No. 16-DSR-12650 City of Vernon AVAILABLE ENERGY, AVAILABLE CAPACITY, AND OTHER TERMS 1. This Exhibit C, under and as part of Contract No. 16-DSR-12650 (Contract), shall become effective October 1, 2017, and shall remain in effect until superseded by another Exhibit C as approved by the Authorized Representative(s); provided, that this Exhibit C or any superseding Exhibit C shall be terminated upon the expiration of this Contract. 2. CONTRACTOR'S AVAILABLE ENERGY: The Contractor's Available Energy, in accordance with this Contract shall be determined by the following formula utilizing the gross energy that would have been produced at the Hoover Powerplant adjusted for energy exchanged with the Parker-Davis Project, without any loss of efficiency for providing Ancillary Services, less station service use (exclusive of motoring energy) less transformer and transmission line losses to the Point(s) of Delivery at the Mead 230-kV Bus: 2.1 CAE = (P x B) - A+ M + C + D Where (values deemed to be in thousands of kWh), CAE = Contractor's Available Energy for the applicable period P = Contractor's percentage of total Schedule A, Schedule B, and Schedule D Firm Energy B = Projected Hoover Firm Energy generation for the applicable period, including transformer and transmission line losses and projected integration with Parker-Davis Project A = Adjustments from previous month's accounting process including schedule deviation and ML and SL assessments M = ML and SL return energy Page 1 of 3 Exhibit C Contract No. 16-DSR-12650 City of Vernon C = Excess Energy for the applicable period available to the Contractor, in accordance with Schedule C Excess Energy in Exhibit A, herein D = Contractor's requested Firming Energy purchases in accordance with subsection 6.9.4, of this Contract which are scheduled and accounted for separately from energy deemed to be from Hoover Powerplant 2.2 Contractor's Available Energy will then be rounded to the nearest whole megawatt hour for scheduling purposes. 3. CONTRACTOR'S AVAILABLE CAPACITY: The Contractor's portion of Available Capacity, in accordance with the Contract shall be determined by the following formula: 3.1 CAC = (P x B) Where (Values deemed to be kW), CAC = Contractor's Available Capacity for the respective period P = Contractor's percentage of total Schedule A, Schedule B, and Schedule D Contingent Capacity B = Available Capacity 3.2 Contractor's portion of Available Capacity will then be rounded to the nearest whole megawatt for scheduling purposes. 4. The following terms, when used in the Contract or Exhibits, shall have the meanings specified: 4.1 NERC Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. 4.2 Normal Business Day: Monday through Friday inclusive, except for NERC Holidays. Page 2 of 3 Exhibit C Contract No. 16-DSR-12650 City of Vernon 4.3 Off-Peak Hours: All day on Sundays and NERC Holidays, and the following hours on Mondays through Saturdays: 4.3.1 Hour ending one (1) though hour ending eight (8) Central Prevailing Time. 4.4 On-Peak Hours: All other times. 5. This Exhibit C to Contract No. 16-DSR-12650 may be modified in accordance with section 22 of this Contract. Page 3 of 3 Exhibit D Contract No. 16-DSR-12650 City of Vernon ACCOUNTING FOR UNLOADED SYNCHRONIZED GENERATION 1. This Exhibit D, under and as part of Contract No. 16-DSR-12650 (Contract), shall become effective October 1, 2017, and shall remain in effect until superseded by another Exhibit D as approved by the Authorized Representative(s); provided, that this Exhibit D or any superseding Exhibit D shall be terminated upon the expiration of this Contract. 2. Energy used to supply Unloaded Synchronized Generation to the Contractor for Ancillary Services in accordance with subsection 6.11.4 of this Contract shall be accounted for in accordance with the following formulas: (ML)c = (M L) x (Rc) /(RT) (SL)c = (S L) x (Rc) (RT) Where, (ML)C = Cumulative sum, expressed in megawatt hours, of the Contractor's share of the ML during the Billing Period ML = Megawatt hours used for operation of generating units in a motoring mode for all Contractors that schedule Unloaded Synchronized Generation during the Billing Period RC = Cumulative sum, expressed in megawatt hours, of the Contractor's Unloaded Synchronized Generation during the Billing Period RT = Cumulative sum, expressed in megawatt hours, of all Unloaded Synchronized Generation during the Billing Period (SL)C = Cumulative sum, expressed in megawatt hours, of the Contractor's share of the SL during the Billing Period Page 1 of 2 Exhibit D Contract No. 16-DSR-12650 City of Vernon SL = Computed energy, expressed in megawatt hours, lost due to reduced plant efficiency caused by operation of generating units in a partially loaded spinning mode for all Contractors that schedule Unloaded Synchronized Generation during the Billing Period 2.1 The value of ML will be determined by metering total energy used for motoring units during the Billing Period. 2.2 The value of SL will be determined by comparing actual generation to a statically scheduled baseline equivalent during the Billing Period. 3. Western, in coordination with Reclamation and the Contractors, will periodically review the methodology that determines the Hoover Powerplant SL to ensure that the most equitable methodology is used. Supporting data justifying any methodology revision will be provided upon written request to the Contractor. 4. Scheduling of such energy shall be in accordance with the metering and scheduling instructions agreed upon in accordance with subsection 6.12.2 of this Contract. 5. This Exhibit D to Contract No. 16-DSR-12650 may be modified in accordance with section 22 of this Contract. Page 2 of 2 Exhibit E Contract No. 16-DSR-12650 City of Vernon Effective September 1, 2007 WESTERN AREA POWER ADMINISTRATION GENERAL POWER CONTRACT PROVISIONS I. APPLICABILITY. 1. Applicability. 1.1 These General Power Contract Provisions (Provisions) shall be a part of the contract to which they are attached. In the event these Provisions differ from requirements of the contract, specific terms set forth in the contract shall prevail. 1.2 If the Contractor has member utilities which are either directly or indirectly receiving benefits from the contract, then the Contractor shall require such members to comply with Provisions 10, 17, 18, 19, 29, 30, 36, 43, 44, and 45 of these General Power Contract Provisions. II. DELIVERY OF SERVICE PROVISIONS. 2. Character of Service. Electric energy supplied or transmitted under the contract will be three-phase, alternating current, at a nominal frequency of sixty(60)hertz (cycles per second). 3. Use of Capacity or Energy in Excess of Contract Obligation. The Contractor is not entitled to use Federal power, energy, or capacity in amounts greater than the Western contract delivery obligation in effect for each type of service provided for in the contract except with the approval of Western. Unauthorized overruns of contract delivery obligations shall be subject to charges specified in the contract or the applicable rate schedules. Overruns shall not establish any continuing right thereto and the Contractor shall cease any overruns when requested by Western, or in the case of authorized overruns, when the approval expires, whichever occurs first. Nothing in the contract shall obligate Western to increase any delivery obligation. If additional power, energy, or capacity is not available from Western, the responsibility for securing additional power, energy, or capacity shall rest wholly with the Contractor. 4. Continuity of Service. Electric service will be supplied or transmitted continuously except for: (1) fluctuations, interruptions, or reductions due to uncontrollable forces, as defined in Provision 34 (Uncontrollable Forces) herein, (2) fluctuations, interruptions, or reductions due to operation of devices installed for power system protection; and (3) temporary fluctuations, interruptions, or reductions, which, in the opinion of the party supplying the service, are necessary or desirable for the purposes of maintenance, repairs, replacements, installation of equipment, or investigation and inspection. The party supplying service, except in case of emergency, will give the party to whom service is being provided reasonable advance notice of such temporary interruptions or reductions and will remove the cause thereof with diligence. Page 1 of 13 5. Multiple Points of Delivery. When electric service is supplied at or transmitted to two or more points of delivery under the same rate schedule, said rate schedule shall apply separately to the service supplied at or transmitted to each point of delivery; Provided, That where the meter readings are considered separately, and during abnormal conditions, the Contractors system is interconnected between points of delivery such that duplication of metered power is possible, the meter readings at each affected point of delivery will be adjusted to compensate for duplication of power demand recorded by meters at alternate points of delivery due to abnormal conditions which are beyond the Contractors control or temporary conditions caused by scheduled outages. 6. Metering. 6.1 The total electric power and energy supplied or transmitted under the contract will be measured by metering equipment to be furnished and maintained by Western, a designated representative of Western, or where situations deem it appropriate as determined by Western, by the Contractor or its agent(s). In the event metering equipment is furnished and maintained by the Contractor or its agent(s) and the equipment is used for billing and other accounting purposes by Western, the Contractor shall ensure that the metering equipment complies with applicable metering policies established by Western. 6.2 Meters shall be secured by appropriate security measures and meters shall not be accessed except when the meters are to be inspected, tested, adjusted, or repaired. Representatives of affected parties shall be afforded reasonable opportunity to be present upon such occasions. Metering equipment shall be inspected and tested each year by the party responsible for meter maintenance, unless a different test interval is determined in accordance with good utility practices by an applicable regional metering policy, or as agreed upon by the parties. Meters shall also be tested at any reasonable time upon request by a party hereto, or by an affected supplemental power supplier, transmission agent, or control area operator. Any metering equipment found to be damaged, defective, or inaccurate shall be repaired and readjusted or replaced by the party responsible for meter maintenance as soon as practicable. Meters found with security breaches shall be tested for tampering and, if appropriate, meter readings shall be adjusted by Western Provision 6.3 below. 6.3 Except as otherwise provided in Provision 6.4 hereof, should any meter that is used by Western for billing or other accounting purposes fail to register accurately, the electric power and energy supplied or transmitted during the period of failure to register accurately, shall, for billing purposes, be estimated by Western from the best available information. 6.4 If inspections and tests of a meter used by Western for billing or other accounting purposes disclose an error exceeding two (2)percent, or a lesser range in error as agreed upon by the parties, then a correction based upon the inaccuracy found shall be made to the service records for the period of inaccuracy as determined by Western. If the period of inaccuracy cannot be determined, the inaccuracy shall be assumed to have existed during the entire monthly billing period immediately preceding the billing period in which the inspection or test was made and the resulting correction shall be made accordingly. 6.5 Any correction in billing or other accounting information that results from a correction in meter records shall be made in a subsequent monthly bill rendered by Western to the Contractor. Payment of such bill shall constitute full adjustment of any claim between the parties arising out of inaccurate metering equipment. Page 2 of 13 7. Existence of Transmission Service Contract. If the contract provides for Western to furnish services using the facilities of a third party, the obligation of Western shall be subject to and contingent upon the existence of a transmission service contract granting Western rights to use such facilities. If Western acquires or constructs facilities which would enable it to furnish direct service to the Contractor, Western, at its option, may furnish service over its own facilities. 8. Conditions of Transmission Service. 8.1 When the electric service under the contract is furnished by Western over the facilities of others by virtue of a transmission service arrangement, the power and energy will be furnished at the voltage available and under the conditions which exist from time to time on the transmission system over which the service is supplied. 8.2 Unless otherwise provided in the contract or applicable rate schedule, the Contractor shall maintain a power factor at each point of delivery from Western's transmission agent as required by the transmission agent. 8.3 Western will endeavor to inform the Contractor from time to time of any changes planned or proposed on the system over which the service is supplied, but the costs of any changes made necessary in the Contractors system, because of changes or conditions on the system over which the service is supplied, shall not be a charge against or a liability of Western. 8.4 If the Contractor, because of changes or conditions on the system over which service under the contract is supplied, is required to make changes on its system at its own expense in order to continue receiving service under the contract, then the Contractor may terminate service under the contract upon not less than sixty (60) Days written notice given to Western prior to making such changes, but not thereafter. 8.5 If Western notifies the Contractor that electric service provided for under the contract cannot be delivered to the Contractor because of an insufficiency of capacity available to Western in the facilities of others over which service under the contract is supplied, then the Contractor may terminate service under the contract upon not less than sixty(60)Days written notice given to Western prior to the date on which said capacity ceases to be available to Western,but not thereafter. 9. Multiple Points of Delivery Involving Direct and Indirect Deliveries. When Western has provided line and substation capacity under the contract for the purpose of delivering electric service directly to the Contractor at specified direct points of delivery and also has agreed to absorb transmission service allowance or discounts for deliveries of energy over other system(s) to indirect points of delivery and the Contractor shifts any of its load served under the contract from direct delivery to indirect delivery, Western will not absorb the transmission service costs on such shifted load until the unused capacity, as determined solely by Western, available at the direct delivery points affected is fully utilized. 10. Construction Operation, and Maintenance of Contractors Power System. The Contractor shall, and, if applicable, shall require each of its members or transmission agents to construct, operate, and maintain its power system in a manner which, as determined by Western, will not interfere with the operation of the system of Western or its transmission agents over which electric services are furnished to the Contractor under the contract, and in a manner which will coordinate with the protective relaying and other protective arrangements of the system(s) of Western or Western's transmission agents. Western may reduce or discontinue furnishing services to the Contractor if, after notice by Western, Page 3 of 13 the Contractor fails or refuses to make such changes as may be necessary to eliminate an unsatisfactory condition on the Contractors power system which is determined by Western to interfere significantly under current or probable conditions with any service supplied from the power system of Western or from the power system of a transmission agent of Western. Such a reduction or discontinuance of service will not relieve the Contractor of liability for any minimum charges provided for in the contract during the time said services are reduced or discontinued. Nothing in this Provision shall be construed to render Western liable in any manner for any claims, demands, costs, losses, causes of action, damages, or liability of any kind or nature arising out of or resulting from the construction, operation, or maintenance of the Contractors power system. III. RATES,BILLING,AND PAYMENT PROVISIONS. 11. Change of Rates. Rates applicable under the contract shall be subject to change by Western in accordance with appropriate rate adjustment procedures. If at any time the United States promulgates a rate changing a rate then in effect under the contract, it will promptly notify the Contractor thereof. Rates shall become effective as to the contract as of the effective date of such rate. The Contractor, by written notice to Western within ninety (90) Days after the effective date of a rate change, may elect to terminate the service billed by Western under the new rate. Said termination shall be effective on the last day of the billing period requested by the Contractor not later than two (2) years after the effective date of the new rate. Service provided by Western shall be paid for at the new rate regardless of whether the Contractor exercises the option to terminate service. 12. Minimum Seasonal or Annual Capacity Charge_ When the rate in effect under the contract provides for a minimum seasonal or annual capacity charge, a statement of the minimum capacity charge due, if any, shall be included in the bill rendered for service for the last billing period of the service season or contract year as appropriate, adjusted for increases or decreases in the contract rate of delivery and for the number of billing periods during the year or season in which service is not provided. Where multiple points of delivery are involved and the contract rate of delivery is stated to be a maximum aggregate rate of delivery for all points, in determining the minimum seasonal or annual capacity charge due, if any, the monthly capacity charges at the individual points of delivery shall be added together. 13. Billing and Pam 13.1 Western will normally issue bills to the Contractor for services furnished during the preceding month within ten(10)Days after the end of the billing period. 13.2 If Western is unable to issue timely monthly bill(s), Western may elect to render estimated bill(s). Such estimated bill(s) shall be subject to the same payment provisions as final bill(s), and any applicable adjustments will be shown on a subsequent monthly bill. 13.3 Payments of bills issued by Western are due and payable by the Contractor before the close of business on the twentieth(20th) calendar day after the date of issuance of each bill or the next business day thereafter if said day is a Saturday, Sunday, or Federal holiday. Bills shall be considered paid when payment is received by Western. Bills will be paid electronically or via the Automated Clearing House method of payment unless a written request to make payments by mail is submitted by the Contractor and approved by Western. Should Western agree to accept payments by mail,these payments will be accepted as timely and without assessment of the charge provided for in Provision 14(Nonpayment of Bills in Full When Due)if a United States Post Office first class mail postmark indicates the payment was mailed at least three(3) calendar days before the due date. Page 4 of 13 13.4 The parties agree that net billing procedures will be used for payments due Western by the Contractor and for payments due the Contractor by Western for the sale or exchange of electric power and energy,use of transmission facilities, operation and maintenance of electric facilities, and other services. Payments due one party in any month shall be offset against payments due the other party in such month, and the resulting net balance shall be paid to the party in whose favor such balance exists. The parties shall exchange such reports and information that either party requires for billing purposes. Net billing shall not be used for any amounts due which are in dispute. 14. Nonpayment of Bills in Full When Due. 14.1 Bills not paid in full by the Contractor by the due date specified in Provision 13 (Billing and Payment) hereof shall bear a charge of five hundredths percent (0.05%) of the principal sum unpaid for each day payment is delinquent, to be added until the amount due is paid in full. Western will also assess a fee of twenty-five dollars ($25.00) for processing a late payment. Payments received will first be applied to the charges for late payment assessed on the principal and then to payment of the principal. 14.2 Western shall have the right, upon not less than fifteen (15) Days advance written notice, to discontinue furnishing the services specified in the contract for nonpayment of bills in full when due, and to refuse to resume such services so long as any part of the amount due remains unpaid. Such a discontinuance of service will not relieve the Contractor of liability for minimum charges during the time service is so discontinued. The rights reserved to Western herein shall be in addition to all other remedies available to Western either by law or in equity, for the breach of any of the terms hereof. 15. Adjustments for Fractional Billing Period. The demand or capacity charge and minimum charges shall each be proportionately adjusted when fractional billing periods are applicable under this contract. A fractional billing period can occur: 1) at the beginning or end of electric service; 2) at the beginning or end of irrigation pumping service each year; 3) for a fractional billing period under a new rate schedule; or 4) for fractional periods due to withdrawals of electric services. The adjustment will be made based on the ratio of the number of hours that electric service is available to the Contractor in such fractional billing period, to the total number of hours in the billing period involved. Energy billing shall not be affected by fractional billing periods. 16. Adjustments for Curtailments to Firm Service. 16.1 Billing adjustments will be made if firm electric service is interrupted or reduced because of conditions on the power system of the United States for periods of one (1) hour or longer in duration each. Billing adjustments will not be made when such curtailment of electric service is due to a request by the Contractor or a discontinuance of electric service by Western pursuant to Provision 14 (Nonpayment of Bills In Full When Due). For purposes of billing adjustments under this Provision, the term power system of the United States shall include transmission facilities used under contract but not owned by the United States. 16.2 The total number of hours of curtailed firm electric service in any billing period shall be determined by adding: (1)the sum of the number of hours of interrupted electric service to (2)the product, of each reduction, of: the number of hours reduced electric service and the percentage by which electric service was reduced below the delivery obligation of Western at the time of each said reduction of electric service. The demand or capacity charge and applicable minimum charges shall each be proportionately adjusted in the ratio that the total number of hours of electric service determined to have been curtailed bears to the total number of hours in the billing period involved. Page 5 of 13 16.3 The Contractor shall make written claim within thirty(30) Days after receiving the monthly bill, for adjustment on account of any curtailment of firm electric service, for periods of one(1) hour or longer in duration each, alleged to have occurred that is not reflected in said bill. Failure to make such written claim, within said thirty-day(30-day)period, shall constitute a waiver of said claim. All curtailments of electric service, which are due to conditions on the power system of the United States, shall be subject to the terms of this Provision; Provided,That withdrawal of power and energy under the contract shall not be considered a curtailment of electric service. IV. POWER SALES PROVISIONS. 17. Resale of Firm Electric Service(Wholesale Sales for Resale) The Contractor shall not sell any firm electric power or energy supplied under the contract to any electric utility customer of the Contractor for resale by that utility customer; Provided, That the Contractor may sell the electric power and energy supplied under the contract to its members on condition that said members not sell any of said power and energy to any customer of the member for resale by that customer. 18. Distribution Principles. The Contractor agrees that the benefits of firm electric power or energy supplied under the contract shall be made available to its consumers at rates that are established at the lowest possible level consistent with sound business principles, and that these rates will be established in an open and public manner. The Contractor further agrees that it will identify the costs of firm electric power or energy supplied under the contract and power from other sources to its consumers upon request. The Contractor will demonstrate compliance with the requirements of this Provision to Western upon request. 19. Contract Subject to Colorado River Compact. Where the energy sold under the contract is generated from waters of the Colorado River system, the contract is made upon the express condition and with the express covenant that all rights under the contract shall be subject to and controlled by the Colorado River Compact approved by Section 13 (a) of the Boulder Canyon Project Act of December 21, 1928, 43 U.S.C. §§ 617a-e, and the parties to the contract shall observe and be subject to and controlled by said Colorado River Compact in the construction, management, and operation of the dams, reservoirs, and powerplants from which electrical energy is to be furnished by Western to the Contractor under the contract, and in the storage, diversion, delivery, and use of water for the generation of electrical energy to be delivered by Western to the Contractor under the contract. V. FACILITIES PROVISIONS. 20. Design Approval. All facilities, construction, and installation by the Contractor pursuant to the contract shall be subject to the approval of Western. Facilities interconnections shall normally conform to Western's current "General Requirements for Interconnection," in effect upon the signing of the contract document providing for each interconnection, copies of which are available from Western. At least ninety (90) Days, unless otherwise agreed, prior to the date the Contractor proposes to commence construction or to incur an obligation to purchase facilities to be installed pursuant to the contract, whichever date is the earlier, the Contractor shall submit, for the approval of Western, detailed designs, drawings, and specifications of the facilities the Contractor proposes to purchase, construct, and install. The Contractor assumes all risks for construction commenced or obligations to purchase facilities incurred prior to receipt of approval from Page 6 of 13 Western. Western review and approval of designs and construction work in no way implies that Western is certifying that the designs meet the Contractors needs. 21. Inspection and Acceptance. Western shall have the right to inspect the materials and work furnished by the Contractor, its agents, employees, and subcontractors pursuant to the contract. Such inspections shall be at reasonable times at the work site. Any materials or work that Western determines is defective or not in accordance with designs, drawings, and specifications, as approved by Western, shall be replaced or modified, as directed by Western, at the sole expense of the Contractor before the new facilities are energized. 22. As-Built Drawings. Within a reasonable time, as determined by Western, after the completion of construction and installation of facilities pursuant to the contract, the Contractor shall submit to Western marked as-built prints of all Western drawings affected by changes made pursuant to the contract and reproducible drawings the Contractor has prepared showing facilities of Western. The Contractors drawings of Western facilities shall use drawing title blocks, drawing numbers, and shall be prepared in accordance with drafting standards all as approved by Western. Western may prepare, revise, or complete said drawings and bill the Contractor if the Contractor fails to provide such drawings to Western within a reasonable time as determined by Western. 23. Equipment Ownership Markers. 23.1 The Contractor shall identify all movable equipment and, to the extent agreed upon by the parties, all other salvageable facilities constructed or installed on the United States right-of-way or in Western substations pursuant to the contract which are owned by the Contractor, by permanently affixing thereto suitable markers clearly identifying the Contractor as the owner of said equipment and facilities. 23.2 If requested by the Contractor,Western shall identify all movable equipment and,to the extent agreed upon by the parties, all other salvageable facilities constructed or installed on the Contractors right-of-way or in the Contractors substations pursuant to the contract which are owned by the United States, by permanently affixing thereto suitable markers clearly identifying the United States as the owner of said equipment and facilities. 24. Third-Party Use of Facilities. The Contractor shall notify Western of any proposed system change relating to the facilities governed by the contract or allowing third-party use of the facilities governed by the contract. If Western notifies the Contractor that said system change will, as solely determined by Western, adversely affect the operation of Western's system the Contractor shall, at no cost to Western, provide a solution to said adverse effect acceptable to Western. 25. Changes to Western Control Facilities. If at any time during the term of the contract, Western determines that changes or additions to control, relay, or communications facilities are necessary to maintain the reliability or control of Western's transmission system, and said changes or additions are entirely or partially required because of the Contractors equipment installed under the contract, such changes or additions shall, after consultation with the Contractor, be made by Western with all costs or a proportionate share of all costs, as determined by Western, to the be paid by the Contractor. Western shall notify the Contractor in writing of the necessary changes or additions and the estimated costs to be paid by the Contractor. If the Contractor fails to pay its share of said estimated costs, Western shall have the right, after giving sixty (60) days' written notice to the Page 7 of 13 Contractor, to terminate the applicable facility installation provisions to the contract and require the removal of the Contractors facilities. 26. Modification of Western Facilities. Western reserves the right, at any time, to modify its facilities. Western shall keep the Contractor informed of all planned modifications to Western facilities which impact the facilities installation pursuant to the contract. Western shall permit the Contractor to change or modify its facilities, in a manner satisfactory to and at no cost or expense to Western, to retain the facilities interconnection pursuant to the contract. At the Contractors option, Western shall cooperate with the Contractor in planning alternate arrangements for service which shall be implemented at no cost or expense to Western. The Contractor and Western shall modify the contract, as necessary,to conform to the new facilities arrangements. 27. Transmission Rights. If the contract involves an installation which sectionalizes a Western transmission line, the Contractor hereby agrees to provide a transmission path to Western across such sectionalizing facilities at no cost or expense to Western. Said transmission path shall be at least equal, in terms of capacity and reliability, to the path in the Western transmission line prior to the installation pursuant to the contract. 28. Construction and Safety Procedures. 28.1 The Contractor hereby acknowledges that it is aware of the hazards inherent in high- voltage electric lines and substations, and hereby assumes full responsibility at all times for the adoption and use of necessary safety measures required to prevent accidental harm to personnel engaged in the construction, inspection,testing, operation, maintenance,replacement, or removal activities of the Contractor pursuant to the contract. The Contractor and the authorized employees, agents, and subcontractors of the Contractor shall comply with all applicable safety laws and building and construction codes, including the provisions of Chapter 1 of the Power System Operations Manual, entitled Power System Switching Procedure, and the Occupational Safety and Health Administration regulations, Title 29 C.F.R. §§ 1910 and 1926, as amended or supplemented. In addition to the safety program required herein, upon request of the United States, the Contractor shall provide sufficient information to demonstrate that the Contractors safety program is satisfactory to the United States. 28.2 The Contractor and its authorized employees, agents, and subcontractors shall familiarize themselves with the location and character of all the transmission facilities of Western and interconnections of others relating to the work performed by the Contractor under the contract. Prior to starting any construction, installation, or removal work, the Contractor shall submit a plan of procedure to Western which shall indicate the sequence and method of performing the work in a safe manner. No work shall be performed by the Contractor, its employees, agents, or subcontractors until written authorization to proceed is obtained from Western. 28.3 At all times when the Contractor, its employees, agents, or subcontractors are performing activities of any type pursuant to the contract, such activities shall be under supervision of a qualified employee, agent, or subcontractor of the Contractor who shall be authorized to represent the Contractor in all matters pertaining to the activity being performed. The Contractor and Western will keep each other informed of the names of their designated representatives at the site. Page 8of13 28.4 Upon completion of its work,the Contractor shall remove from the vicinity of the right- of-way of the United States all buildings, rubbish, used materials, concrete forms, and other like material belonging to the Contractor or used under the Contractors direction, and in the event of failure to do so the same may be removed by Western at the expense of the Contractor. 28.5 In the event the Contractor, its employees, agents, or subcontractors fail to comply with any requirement of this Provision, or Provision 21 (Inspection and Acceptance) herein, Western or an authorized representative may issue an order to stop all or any part of the work until such time as the Contractor demonstrates compliance with the provision at issue. The Contractor, its employees, agents, or subcontractors shall make no claim for compensation or damages resulting from such work stoppage. 29. Environmental Compliance. Facilities installed under the contract by any party shall be constructed, operated, maintained, replaced, transported, and removed subject to compliance with all applicable laws, including but not limited to the National Historic Preservation Act of 1966, 16 U.S.C. §§ 470x-6, the National Environmental Policy Act of 1969, 42 U.S.C. §§ 4321-4347, the Endangered Species Act of 1973, 16 U.S.C. §§ 1531-1544, and the Archaeological Resources Protection Act of 1979, 16 U.S.C. §§ 470aa-470mm, and the regulations and executive orders implementing these laws, as they may be amended or supplemented, as well as any other existing or subsequent applicable laws,regulations, and executive orders. 30. Responsibility for Regulated Materials. When either party owns equipment containing regulated material located on the other party's substation, switchyard, right-of-way, or other property, the equipment owner shall be responsible for all activities related to regulated materials in such equipment that are necessary to meet the requirements of the Toxic Substances Control Act, 15 U.S.C. §§ 2601-2692, the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901-6992k, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9601-9675,the Oil Pollution Act of 1990, 33 U.S.C. §§ 2702-2761,the Clean Water Act, 33 U.S.C. §§ 1251-1387, the Safe Drinking Water Act, 42 U.S.C. §§ 300f j26, and the regulations and executive orders implementing these laws, as they may be amended or supplemented, and any other existing or subsequent applicable laws, regulations, and executive orders. Each party shall label its equipment containing regulated material in accordance with appropriate laws and regulations. If the party owning the equipment does not perform activities required under appropriate laws and regulations within the time frame specified therein, the other party may perform or cause to be performed the required activities after notice to and at the sole expense of the party owning the equipment. Vl. OTHER PROVISIONS. 31. Authorized Representatives of the Parties. Each party to the contract, by written notice to the other, shall designate the representative(s) who is (are) authorized to act in its behalf with respect to those matters contained in the contract which are the functions and responsibilities of the authorized representatives of the parties. Each party may change the designation of its authorized representative(s) upon oral notice given to the other, confirmed promptly by written notice. Page 9of13 32. Effect of Section Headings. Section headings or Provision titles appearing in the contract or these General Power Contract Provisions are inserted for convenience only and shall not be construed as interpretations of text. 33. Operating Guidelines and Procedures. The parties to the contract may agree upon and put into effect from time to time, such other written guidelines and procedures as may be required in order to establish the methods of operation of the power system to be followed in the performance of the contract. 34. Uncontrollable Forces. Neither party to the contract shall be considered to be in default in performance of any of its obligations under the contract, except to make payment as specified in Provision 13 (Billing and Payment) herein, when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" means any cause beyond the control of the party affected, including but not restricted to, failure of or threat of failure of facilities, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority and action or nonaction by, or failure to obtain the necessary authorizations or approvals from, any governmental agency or authority, which by exercise of due diligence such party could not reasonably have been expected to avoid and which by exercise of due diligence it shall be unable to overcome. Nothing contained herein shall be construed to require a party to settle any strike or labor dispute in which it may be involved. Either party rendered unable to fulfill any of its obligations under the contract by reason of an uncontrollable force shall give prompt written notice of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. 35. Liability. 35.1 The Contractor hereby agrees to indemnify and hold harmless the United States, its employees, agents, or contractors from any loss or damage and from any liability on account of personal injury, death, or property damage, or claims for personal injury, death, or property damage of any nature whatsoever and by whomsoever made arising out of the Contractors', its employees', agents', or subcontractors' construction, operation, maintenance, or replacement activities under the contract. 35.2 The United States is liable only for negligence on the part of its officers and employees in accordance with the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 1346(c), 2401(b), 2402, 2671, 2672, 2674-2680, as amended or supplemented. 36. Cooperation of Contracting Parties. If, in the operation and maintenance of their respective power systems or electrical equipment and the utilization thereof for the purposes of the contract, it becomes necessary by reason of any emergency or extraordinary condition for either party to request the other to furnish personnel, materials, tools, and equipment for the accomplishment thereof, the party so requested shall cooperate with the other and render such assistance as the party so requested may determine to be available. The party making such request, upon receipt of properly itemized bills from the other party, shall reimburse the party rendering such assistance for all costs properly and reasonably incurred by it in such performance, including administrative and general expenses, such costs to be determined on the basis of current charges or rates used in its own operations by the party rendering assistance. Issuance and payment of bills for services provided by Western shall be in accordance with Provisions 13 (Billing and Payment) and 14 (Nonpayment of Bills in Full When Due) herein. Western shall pay bills issued by the Contractor for services provided as soon as the necessary vouchers can be prepared which shall normally be within twenty(20)Days. Page 10 of 13 37. Transfer of Interest in Contract or Change in Preference Status. 37.1 No voluntary transfer of the contract or of the rights of the Contractor under the contract shall be made without the prior written approval of the Administrator of Western. Any voluntary transfer of the contract or of the rights of the Contractor under the contract made without the prior written approval of the Administrator of Western may result in the termination of the contract; Provided,That the written approval of the Administrator shall not be unreasonably withheld; Provided further,That if the Contractor operates a project financed in whole or in part by the Rural Utilities Service, the Contractor may transfer or assign its interest in the contract to the Rural Utilities Service or any other department or agency of the Federal Government without such prior written approval; Provided further,That any successor to or assignee of the rights of the Contractor,whether by voluntary transfer,judicial sale, foreclosure sale, or otherwise, shall be subject to all the provisions and conditions of the contract to the same extent as though such successor or assignee were the original Contractor under the contract; and, Provided further,That the execution of a mortgage or trust deed, or judicial or foreclosure sales made thereunder, shall not be deemed voluntary transfers within the meaning of this Provision. 37.2 The Contractor shall maintain its status as an entity eligible for preference in Western's sale of Federal power pursuant to Reclamation law, as amended and supplemented. 37.3 Western shall give the Contractor written notice of Western's proposed determination that the Contractor has violated Provision 37.1 and Western's proposed action in response to the violation. 37.4 The Contractor shall have 120 Days after receipt of Western's notice provided under Provision 37.3 to submit a written response to Western. The Contractor may also make an oral presentation to the Administrator during this 120-day period. 37.5 At any time during this process, the Contractor and Western may agree upon corrective action to resolve Western's proposed determination that the Contractor is in violation of Provision 37.1. 37.6 Within 30 days of receipt of the Contractors written response provided under Provision 37.4,Western will notify the Contractor in writing of its final decision. The Administrator's written notice will include the intended action,the effective date thereof, and the reasons for taking the intended action. Implementation of the Administrator's action shall take place no earlier than 60 Days from the Contractors receipt of such notice. 37.7 Any successor to Western shall be subject to all the provisions and conditions of the contract to the same extent as though such successor were an original signatory to the contract. 37.8 Nothing in this Provision shall preclude any right to judicial review available to the Contractor under Federal law. Page 11 of 13 38. Choice of Law and Forum. Federal law shall control the obligations and procedures established by this contract and the performance and enforcement thereof. The forum for litigation arising from this contract shall exclusively be a Federal court of the United States,unless the parties agree to pursue alternative dispute resolution. 39. Waivers. Any waivers at any time by either party to the contract of its rights with respect to a default or any other matter arising under or in connection with the contract shall not be deemed a waiver with respect to any subsequent default or matter. 40. Notices. Any notice, demand, or request specifically required by the contract or these Provisions to be in writing shall be considered properly given when delivered in person or sent by postage prepaid registered or certified mail, commercial delivery service, facsimile, electronic, prepaid telegram, or by other means with prior agreement of the parties, to each party's authorized representative at the principal offices of the party. The designation of the person to be notified may be changed at any time by similar notice. Where facsimile or electronic means are utilized for any communication covered by this Provision, the sending party shall keep a contemporaneous record of such communications and shall verify receipt by the other party. 41. Contingent Upon Appropriations and Authorization. 41.1 Where activities provided for in the contract extend beyond the current fiscal year, continued expenditures by the United States are contingent upon Congress making the necessary appropriations required for the continued performance of the United States' obligations under the contract. In case such appropriation is not made, the Contractor hereby releases the United States from its contractual obligations and from all liability due to the failure of Congress to make such appropriation. 41.2 In order to receive and expend funds advanced from the Contractor necessary for the continued performance of the obligations of the United States under the contract, additional authorization may be required. In case such authorization is not received, the Contractor hereby releases the United States from those contractual obligations and from all liability due to the lack of such authorization. 42. Covenant Against Contingent Fees. The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure the contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, Western shall have the right to annul the contract without liability or in its discretion to deduct from the contract price or consideration the full amount of such commission,percentage,brokerage, or contingent fee. Page 12 of 13 43. Contract Work Hours and Safety Standards. The contract, to the extent that it is of a character specified in Section 103 of the Contract Work Hours and Safety Standards Act (Act), 40 U.S.C. § 3701, as amended or supplemented, is subject to the provisions of the Act, 40 U.S.C. §§ 3701-3708, as amended or supplemented, and to regulations promulgated by the Secretary of Labor pursuant to the Act. 44. Equal Opportunity ployment Practices. Section 202 of Executive Order No. 11246, 30 Fed. Reg. 12319 (1965), as amended by Executive Order No. 12086, 43 Fed. Reg. 46501 (1978), as amended or supplemented, which provides, among other things, that the Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, is incorporated herein by reference the same as if the specific language had been written into the contract, except that Indian Tribes and tribal organizations may apply Indian preference to the extent permitted by Federal law. 45. Use of Convict Labor. The Contractor agrees not to employ any person undergoing sentence of imprisonment in performing the contract except as provided by 18 U.S.C. § 3622(c), as amended or supplemented, and Executive Order No. 11755, 39 Fed. Reg. 779 (1973), as amended or supplemented. Page 13 of 13 Attachment No. 6 to Metering and Scheduling Instructions Contract No. 16-DSR-12650 City of Vernon ESTABLISHING A DYNAMIC SCHEDULE The Contractor may request to establish a dynamic schedule, or request to change from a static to a dynamic schedule type as provided in subsection 7.1.7. This option is also available to Tribal Benefit Crediting Partners. The following steps describe the work necessary to establish a dynamic schedule with WALL. 1. The Contractor must send a written request to evaluate establishing a dynamic schedule to Western's Vice President of Power Marketing for DSW. 2. Western will respond with instructions to advance fund the costs to evaluate the project. 3. Once the project has been funded, Western will coordinate with the Contractor and/or its Scheduling Entity and the sink balancing authority to evaluate the labor hours and equipment required to implement a dynamic schedule, including but not limited to: 3.1 Western Power Marketing contract or letter agreement coordination and development 3.2 Communications, network, firewall equipment or software installations, configuration, and testing 3.3 Inter-Control Center Communication Protocol (ICCP) servers, data associations, objects, and testing 3.4 Supervisory Control and Data Acquisition(SCADA) development, programming, testing, and implementation 3.5 SCADA historian modifications 3.6 Energy accounting and reporting modifications 3.7 Capacity allocation and scheduling program modifications 3.8 Procedure updates and training 3.9 Program and test dispatch phone contacts 3.10 e-Tag coordination and testing 3.11 Project coordination 4. Western will send a letter agreement that describes responsibilities for work to be completed, a timeline for completion, and instructions to advance fund costs of the project if the Contractor decides to implement the dynamic schedule. 5. Once funds are received and the project is established, Western will assign a project manager and commence coordination of the project to implement the dynamic schedule. Page 1 of 1 Attachment No. 5 to Metering and Scheduling Instructions Contract No. 16-DSR-12650 City of Vernon EXAMPLE ANNUAL ENERGY RECONCILIATION REPORT Pending insertion of example annual energy reconciliation report. Page 1 of 1 Attachment No. 4 to Metering and Scheduling Instructions Contract No. 16-DSR-12650 City of Vernon EXAMPLE TARGET SCHEDULE Pending insertion of example Target Schedule. Page 1 of 1 Attachment No. 3 to Metering and Scheduling Instructions Contract No. 16-DSR-12650 City of Vernon EXAMPLE MASTER SCHEDULE Pending insertion of example Master Schedule. Page 1 of 1 Attachment No. 2 to Metering and Scheduling Instructions Contract No. 16-DSR-12650 City of Vernon WESTERN'S POINT OF CONTACTS Western agrees to designate and provide scheduling Point of Contact (POC) information, identified herein, for scheduling the Contractor's Contract capacity and energy. Modifications to Western's scheduling POC information shall be immediately communicated to the other Party by a revised Attachment No. 2. Western's Scheduling POC Company Name: Western Area Power Administration Attn: G0200 Desert Southwest Region (DSW) Energy Management and Marketing Office Mailing Address: P.O. Box 6457 Phoenix, AZ 85005-6457 Street Address: 615 South 43rd Avenue Phoenix, AZ 85009 Scheduling Desk: (602) 605-2712 Real Time Marketer Desk: (602) 605-2666 Scheduling Fax: (602) 605-2831 Target Excursion Requests: (602) 605-2666 WALC Dispatch POC Name: J4900 Operations Reliability & Balancing Authority Real Time Desk Phone: (602) 605-2512 Western's Settlements POC Name: G6300 Settlements Staff Phone: (602) 605-2947 E-Mail: walepostschedule@wapa.gov Invoicing Point of Contact For billing inquiries and address changes refer to the contact information printed on Western's invoice. Page 1 of 1 Attachment No. 1 to Metering and Scheduling Instructions Contract No. 16-DSR-12650 City of Vernon CONTRACTOR'S SCHEDULING ENTITY AND POINT OF CONTACTS Contractor agrees to designate and provide contact information, identified herein, of its Scheduling Entity for scheduling Contractor's Contract capacity and energy. Modifications to Contractor's Scheduling Entity contact information shall provide notification to the other Party, in accordance with subsection 7.1.1, herein by submitting a revised Attachment No. 1. Contractor's Balancing Authority for California Independent System Operator Energy Deliveries Contractor's Scheduling Entity Company Name: City of Vernon Attn: Resource Group Mailing Address: 4305 South Santa Fe Avenue Vernon, CA 90058 Pre-Scheduling Contact Information Name: Efrain Sandoval Shawn Sharif Position: Resource Scheduler Resource Scheduler Phone: (323) 826-1424 (323) 826-3625 Fax: (323) 826-3629 (323) 826-3629 E-mail: esandoval@ci.vernon.ca.us ssharif@ci.vernon.ca.us Real Time Scheduling Desk Contact Primary Phone: (323) 826-1461 Alternate Phone: (323) 826-1464 Fax: (323) 585-3119 E-mail: controlcenter@ci.vernon.ca.us Settlements Contact Information Name: Edwin Ochoa Position: Associate Resource Scheduler Phone: (323) 583-8811 Ext. 227 E-mail: cochoa@ci.vemon.ca.us Invoicing Point of Contact Name: Claudia Luna Phone: (323) 583-8811 Ext. 200 E-mail: invoices@ci.vemon.ca.us Page 1 of 1 10.5.2 End Notes: Billing discrepancies or special adjustments will be listed, as needed, in the Annual Energy Reconciliation document. 10.5.3 Distribution: Within six (6) weeks after the end of the Fiscal Year, a draft Annual Energy Reconciliation Report (Report) will be distributed by Western to the Contractors. The Contractors shall make every effort to review and provide comments to Western's draft Report no later than four (4) weeks of receipt. Western shall address, resolve comments, and issue the final Report within four(4) weeks after the Contractors' comment period. Page 16 of 16 10.2.4 Concurrence of Monthly Schedules—The Scheduling Entity and Western will concur to the amount of energy and capacity scheduled by the fifth (5tt') business day in accordance with subsection 10.2.3 (10.2.3.1 - 10.2.3.3). 10.3 Monthly Accounting: Monthly accounting reports will be distributed to the Contractor by the twenty-fifth (25th) day of the following month. These reports will include a monthly accounting report; a summary of schedules, losses and loss apportionment; Energy Deemed Delivered calculations per Contractor; Target Schedules for current and the next month; forecasted capacity entitlement for the next month; updated Master Schedule for the current Fiscal Year; and the projected operating schedule. 10.4 Deviation Accounting: Deviation accounting will be maintained between Contractor and Western to accommodate energy accounting adjustments. Monthly deviations are applied as adjustments in the Target Schedule two (2) months after occurrence. Any accumulated deviation remaining at the end of the Fiscal Year will be determined in the Annual Energy Reconciliation Report. Example provided in Attachment No. 5, herein. Deviation accounts may include: 10.4.1 Delivery Concurrence: Agreed to under/over deliveries from energy 10.4.2 Losses: Transfonner and transmission line losses 10.4.3 Any adjustments or reallocations of ML and SL 10.4.4 Other Deviation: Any additional deviation accounting will be mutually agreed upon 10.5 Annual Energy Reconciliation: The Annual Energy Reconciliation for each Fiscal Year will account for the accumulated deviation for each Contractor on an annual basis. This accounting confirms that each MWh of energy generated at BCP for each month in the Fiscal Year is allocated to the Contractors. 10.5.1 Monthly Accumulated Deviation: The components and calculation for the Monthly Accumulated Deviation will be printed on each Contractor's BCP Reconciliation sheet. Page 15of16 10.1.4 During the Annual Energy Reconciliation process, the actual values of Schedule A, Schedule B, Schedule C, and Schedule D will be computed. Any deviations in Schedule A, Schedule B, Schedule C, and Schedule D between what was scheduled and received to the actual values will be returned or delivered the following Fiscal Year. A proposed schedule for return or delivery of deviation will be sent to each Contractor with the draft Annual Energy Reconciliation. The Contractor can provide written comments on the proposed schedule. These comments will be used to determine the schedule for returns or deliveries of deviation as adjustments to the Target Schedules during the current Fiscal Year. 10.1.5 Once the Annual Energy Reconciliation Report is final, the Annual Energy Reconciliation results will be used for the development of the Calculated Energy Rate. The Total Energy Delivered value (column K of Attachment No. 5, herein) in the Annual Energy Reconciliation Report will be used as the Energy Deemed Delivered value for the purposes of calculating the Calculated Energy Rate in accordance with section 7.8 of the Contract. 10.2 Capacity and Energy Delivery Verification: The data to be exchanged between Western and Scheduling Entity(ies) during and following each month is in MST as follows: 10.2.1 Daily Schedule Checkout—For Contractors who schedule dynamically, Western will verify the hourly scheduled totals equal Western's totals of hourly integrated energy delivered. Any required adjustments'will be requested by Western to the Scheduling Entity. 10.2.2 Sub-monthly Period Schedule Checkouts—Western will provide to the Scheduling Entity on a weekly basis the total energy and capacity used by Contractor cumulative for the month-to-date and by sub-monthly period. 10.2.3 Previous Month Data—Western will provide to the Scheduling Entity, by the first working day of each month, the following data for the previous month: 10.2.3.1 Actual hourly energy delivered for the entire month. 10.2.3.2 Hourly capacity for the entire month. 10.2.3.3 Sub-monthly period(s) energy total. Page 14of16 10. POWER ACCOUNTING: 10.1 Excess Energy Allocation and Accounting Process: 10.1.1 Prior to the start of the Fiscal Year or after receiving the latest Reclamation Hoover forecast energy availability above 4,501,001 MWh for the Fiscal Year, Western will compute the total estimated energy for the BCP and detennine the amount of total estimated energy, including Excess Energy, if any, available in the coming or current Fiscal Year. Reclamation may update such studies on a frequent basis and will provide such information to Western. Western may recalculate the total estimated energy as deemed appropriate. 10.1.2 The total estimated Excess Energy declared for a Fiscal Year will be equally distributed over the number of months remaining in such Fiscal Year based on the following principles: 10.1.2.1 The priority rights of Schedule C entitlement will be determined based on Exhibit A of the Contract and an equal division of estimated Excess Energy will be added to the applicable Contractor's monthly Target Schedule, with adjustments for transformer and transmission line losses. The Excess Energy entitlement in the Target Schedule, once provided by Western to the Contractors prior to each month, will not be adjusted during the month of delivery unless: a water emergency is declared by Reclamation; a significant change in Colorado River regulating conditions occurs; an uncontrollable force impacts the Hoover Powerplant generation capability; or in order to deliver each Contractor's total entitlement. 10.1.3 During the Fiscal Year, estimated Excess Energy entitlement, based on the best available information, will be adjusted for actual deliveries and for changes in Reclamation's projected availability of Hoover Powerplant energy as determined by Western. The adjustment in energy will occur to the Target Schedule provided by Western prior to the month of delivery in an attempt to minimize over/under deliveries of energy. Page 13 of 16 9.3 Contractor's Energy Deemed Delivered: The Contractor's Energy Deemed Delivered shall be determined by the following formula: 9.3.1 CEDD = S + (ML)c + (SL)c- (ML)c return- (SL)c return Where (values deemed to be in thousands of kWh), CEDD = Contractor's Energy Deemed Delivered for the applicable period S = Contractor's actual energy scheduled, delivered, calculated, and received for the applicable period (ML)c = Contractor's share of the Motoring Loss for the applicable period (SL)c = Contractor's share of the Unloaded Synchronized Generation Loss for the applicable period (ML)c return= (ML)c from two (2) months previous (SL)c return=(SL)c from two (2) months previous 9.3.2 Contractor's Energy Deemed Delivered will then be rounded to the nearest whole megawatt hour for energy accounting purposes. 9.4 Contractor's Available Capacity: Contractor's Available Capacity is in accordance with Exhibit C of the Contract and shall be determined by the following formula: 9.4.1 CAC = (P x B) Where (values deemed to be kW), CAC = Contractor's Available Capacity for the applicable period P = Contractor's percentage of total Schedule A, Schedule B, and Schedule D Contingent Capacity B = Available Capacity 9.4.2 Contractor's Available Capacity will then be rounded to the nearest whole megawatt for scheduling purposes. Page 12 of 16 9.2 Contractor's Available Energy: The Contractor's Available Energy is in accordance with Exhibit C of the Contract and shall be determined by the following formula: 9.2.1 CAE = (P x B) - A+M+C+D Where (values deemed to be in thousands of kWh), CAE= Contractor's Available Energy for the applicable period. P = Contractor's percentage of total Schedule A, Schedule B, and Schedule D Firm Energy B = Projected Hoover Firm Energy generation for the applicable period, including transformer and transmission line losses and projected integration with the Parker-Davis Project A = Adjustments from previous month's accounting process including schedule deviation and ML and SL assessments M = ML and SL return energy C = Excess Energy for the applicable period available to the Contractor in accordance with Schedule C of the Contract D = Contractor's requested Firming Energy purchase in accordance with subsection 6.9.4 of the Contract which are scheduled and accounted for separately from energy deemed to be from Hoover Powerplant 9.2.2 Contractor's Available Energy will then be rounded to the nearest whole megawatt hour for scheduling purposes. Page 11 of 16 7.9.1.3 The first Physical Segment (1) shall have the Point of Receipt (POR) and Point of Delivery(POD) as MEAD230 with DSWMOI as the PSE and WALC as the Transmission Provider. 7.9.1.4 The Scheduling Entity shall be the second PSE listed in the Physical Path with MEAD230 as the POR on the second Physical Segment (2). 7.9.2 All e-Tags submitted shall comply with NAESB Timing Requirements. Due to Western not having adequate time to perform a reliability assessment, all late requested e-Tags will not be approved. 7.9.3 If an Emergency type e-Tag is submitted and the Sink BA approves the e- Tag, Western will approve the transaction as the Source BA. 7.9.4 Sufficient firm transmission shall be required to schedule from MEAD230 to the Sink/Load. In addition, Dynamic and Sub-hourly Static Schedules normal type e-Tags must have sufficient firm transmission to transfer the maximum instantaneous generation for any hour. S. METERING: Deliveries of capacity and energy are based upon scheduled quantities, therefore no meters are necessary for billing and accounting purposes. 9. ENERGY AND CAPACITY CALCULATIONS: 9.1 Hourly Minimum Rate of Delivery of Energy: Minimum power system and water release requirements are in accordance with subsection 6.9.3 of the Contract. 9.1.1 Contractor's hourly power system minimum schedule will be up to ten (10) percent of the Contractor's Available Capacity for current hour energy deliveries and next hour if requested by the WALC Dispatch POC. 9.1.2 Contractors hourly water minimum energy schedule will not exceed twenty-five (25)percent of Contractor's monthly energy allocation. 9.1.3 Contractor's Proportional Overall minimum rate of delivery share of total Firm Energy and X of energy for required minimum Excess Energy for the Billing water releases Period Page 10 of 16 7.8.7 The daily sum of integrated energy for Dynamic Schedules in MST will be used by Western to assure that energy deliveries conform to monthly Contractor's Available Energy. 7.8.8 The daily sum of integrated energy for Dynamic Schedules in MST will be the basis to establish energy deviation between Contractor and Western in section 10, herein. 7.8.9 Inefficiency: ML and SL as defined in Exhibit D of the Contract will accumulate hourly each month. The total inefficiency accumulated monthly shall be assessed monthly as part of the Energy Deemed Delivered which is billed the applicable LCRBDF rate and used to reduce the Target Schedule two (2) months after occurrence. Contractors may also select to return such energy from sources available to the Contractor other than the Hoover Powerplant during On-Peak Hours in the following Billing Period, or as soon thereafter as practicable. 7.8.10 Western will provide Ancillary Services in accordance with Attachment No. 3 of the Contract to Contractor as the Scheduling Entity schedules the energy dynamically. 7.8.11 Operating Reserves: Operating Reserves-Spinning, and Operating Reserves-Supplemental will be provided through hourly scheduled capacity. Western is not responsible for immediate full load response, such as from partial to full load increases without consideration for ramping in the requested energy component. The Contractor and Western will coordinate to establish acceptable ramp rates. 7.9 e-Tag Requirements: 7.9.1 The Scheduling Entity will submit requests for interchange (e-Tags) for its schedules and adhere to NAESB, NERC, WECC, and FERC Interchange Standards and Requirements for Interchange Schedules. Per e-Tag specifications, all e-Tags will have whole megawatt values and contain the following: 7.9.1.1 DSWMOI shall be the first Purchasing Selling Entity(PSE) listed in the Market Path. 7.9.1.2 WALC shall be the Source Balancing Authority(BA) with DSWM01 as the source PSE, and Hoover Powerplant as the Generating Source in the Physical Path. Page 9of16 7.8.5 Emergency Capacityquest: Following an emergency, determined by the Contractor based on standard utility practice, Contractor is entitled to increase the capacity schedule with the WALC Dispatch POC by verbal communication, up to the Contractor's Available Capacity and to the extent capacity is available, for up to twelve (12) consecutive hours, in accordance with subsection 6.11.3 of the Contract. Western and Reclamation will make their best effort to supply energy associated with the requested Emergency Capacity, but shall not be liable for costs incurred by Contractor if the capacity cannot be supplied or ramped to full load to meet reserve requirements as may be defined in a reserve sharing group or by WECC or NERC. 7.8.6 Energy: Contractor will schedule energy on a daily and hourly basis as follows: 7.8.6.1 Energy Forecast: Contractor shall provide Western's scheduling POC by 1500 hours each day with an hourly forecast of dynamic energy to be scheduled for the following day. 7.8.6.2 Dynamic Schedules (Real Time): Contractor shall transmit an electronic signal of its Dynamic Schedule request to Western, within pre-scheduled Contractor's Available Capacity limits, once each Automatic Generation Control (AGC) cycle. Western will receive Contractor's Dynamic Schedule request and will reply with Western's electronic signal indicating that Contractor's schedule is accepted and confirmed. When either Party is unable to transmit or receive an electronic signal with the other Party, the Parties will voice request changes in hourly Hoover Powerplant generation. 7.8.6.3 Dynamic Schedules (Integrated):ted): The hourly integral of Western's dynamic energy schedule signal, as provided by Western, is the Dynamic Schedule representing Contractor's energy delivery. The energy profile of the Dynamic Schedule e- Tag must be updated with this energy integration in accordance with WECC,NERC, FERC, and NAESB Dynamic Schedule e- Tagging Requirements. 7.8.6.4 Electronic-Tagging(e-Tag): The Scheduling Entity will submit e-Tags for its dynamic schedule and adhere to NAESB, NERC, WECC, and FERC Interchange Standards and Requirements for Dynamic Interchange Schedules. Specific Western e-Tag requirements are provided in subsection 7.9, herein. Page 8 of 16 7.8 Dynarnic Scheduling: 7.8.1 Capacity: Western will notify Scheduling Entities of hourly Contractor's Available Capacity according to the normal pre-scheduling calendar. Scheduling Entities will pre-schedule required on-line capacity with Western on a daily and hourly basis as follows: 7.8.2 Daily: Contractor will communicate the pre-schedule hourly on-line capacity to Western's Scheduling POC by 1400 hours MST on the business day prior to execution, unless a later time is agreed to by Western and Contractor. By 2300 hours MST each day, Contractor's Scheduling Entity Real Time Marketer Desk will confirm the next day's hourly capacity schedule with the WALC Dispatch POC. 7.8.3 Hourly Scheduled Capacity: Changes to capacity schedules will be communicated to the WALC Dispatch POC. Changes to any hourly schedule must normally be communicated (30) minutes prior to the hour. 7.8.4 Hourly Unscheduled Capacity: A Scheduling Entity may increase its capacity schedule and request up to its full Contractor's Available Capacity four (4) times per month outside of the hourly requirement of subsection 7.8.3. Western and Reclamation, at their determination, will make their best effort to supply Contractor's full capacity request within ten (10) minutes of the request. Western or Reclamation shall not be liable for costs incurred by Contractor if the capacity cannot be supplied or ramped to full load to meet reserve requirements as may be defined in a reserve sharing group or by WECC or NERC. Western may alter the number of unscheduled capacity changes per month allowed under this Section by written notice to Contractor. Page 7of16 7.7 Static Scheduling: 7.7.1 Capacity: Western will notify Scheduling Entities of hourly Contractor's Available Capacity according to the normal pre-scheduling calendar. 7.7.2 Energy: The Scheduling Entity will pre-schedule anticipated energy on a daily and hourly basis as follows: 7.7.2.1 Electronic-Tagging (e-Tag): Contractor will submit normal type e-Tags for its static schedule and adhere to NAESB, NERC, WECC, and FERC Interchange Standards and Requirements for normal type interchange schedules. Specific Western e-Tag requirements are provided in subsection 7.9, herein. 7.7.2.2 Sub-hourly Static Schedules: Contractor will submit sub-hourly normal type e-Tags as defined in subsection 7.7.2.1, herein and must include a separate capacity schedule. The Contractor will confirm the pre-scheduled hourly capacity schedule with Western's Scheduling POC by 1400 hours MST on the business day prior to execution, unless a later time is agreed to by Western and Contractor. By 2300 hours MST each day, Contractor's Scheduling Entity Real Time Scheduling Desk will confirm the next day's hourly capacity schedule with Western's Real Time Marketer Desk. Changes to any hourly capacity schedule must be communicated to Western thirty(30) minutes prior to the hour, excluding emergencies. 7.7.2.3 Inefficiencies for sub-hourly Static Schedules will be assessed for losses as described in subsection 7.8.9, herein. 7.7.2.4 The daily sum of tagged energy for Static Schedules in MST will be used by Western to assure that energy deliveries conform to monthly Contractor's Available Energy. 7.7.2.5 The daily sum of tagged energy for Static Schedules in MST will be the basis to establish energy deviation between Contractor and Western in section 10, herein. Page 6of16 7.3.8 Excess Energy: As defined in section 5 of the Contract. 7.3.9 Contractor's Available Energy: As defined in section 5 of the Contract. 7.4 Notification of Target Schedule: The Scheduling Entity shall be notified of its original monthly and sub-monthly period Target Schedule no later than one (1) week before the beginning of such period unless a shorter notification period is deemed necessary to meet urgent water conditions. Routine changes in Target Schedules shall be electronically communicated to Scheduling Entities on a pre- scheduling basis. The modification of the Target Schedule and the implementation or removal of energy restrictions due to special circumstances shall be communicated via voice or electronic means. 7.5 Monthly Energy Excursions: The Scheduling Entity or Contractor, when in need of a monthly energy excursion of more than+/- two (2) percent, but within+/- five (5) percent of Contractor's Available Energy from the Target Schedule, must request approval from the Western Scheduling Point of Contact (POC). The Western Scheduling POC will communicate to the Scheduling Entity approval or disapproval of the excursion requested based on power and hydro system conditions at the time of request and record the request. Contractor will forfeit energy for under-runs on unapproved excursions beyond the two (2) percent monthly window and five (5) percent Western approved window. Overruns in excess of two (2)percent that are not pre-approved or any overrun in excess of five (5) percent shall be assessed a penalty in accordance with Attachment No. 5, Schedule of Rates for Power Service, of the Contract. 7.6 Sub-Monthly Energy Requirement: The Scheduling Entity or Contractor is required to schedule within+/- two (2)percent of the Contractor's Available Energy for the first sub-monthly period identified on the Target Schedule each month. For each subsequent sub-monthly period, the Scheduling Entity or Contractor is required to schedule within+/- five (5) percent of the Contractor's Available Energy identified on the Target Schedule each month. Deviations outside of the applicable percentage requirements will be calculated for each period and are subject to forfeiture of energy and/or penalties in accordance with Attachment No. 5, Schedule of Rates for Electric Service, of the Contract. Page 5 of 16 7.3 Energy Allocations (Target Schedule): The Target Schedule is a report that documents the energy allocations that may be scheduled by the Scheduling Entity for the current or next month including sub-monthly period schedules within a month. The Target Schedule is comprised of the following components: 7.3.1 Contractor's Energy Percentage: Contractor's percentage of Schedule A, Schedule B, and Schedule D Firm Energy. 7.3.2 Transformer and Transmission Losses: Transformer and transmission line losses to the point of delivery at the Mead 230-kV Substation. The current value is 0.9355%. 7.3.3 Adjustment: Adjustment represents the energy deviations as well as Motoring Losses (ML) and Unloaded Synchronized Generation Losses (SL) assessments less ML and SL returns from the previous month's accounting as calculated in the monthly energy accounting process. These adjustments are intended to minimize over and under deliveries of energy during the Fiscal Year. 7.3.4 Interchange: Interchange represents the Resource Integration Exchange programs values either between Contractors or between Western resources. The monthly and yearly net value between Contractors will be zero (0). 7.3.5 Returned Energy for use of ML and SL: Energy to be scheduled as repayment of assessments from previous month's accounting process. 7.3.6 Miscellaneous Energy: Miscellaneous energy may be used for a return or delivery of energy associated with a Contractor's energy usage, past month's power accounting, or the reconciliation of the deviations from the prior Fiscal Year. A notation describing the application will be communicated to the Scheduling Entity upon issuance of the Target Schedule. 7.3.7 Firming Energy: Supplemental energy purchased by Western at the request of a Contractor to meet any deficiency in Firm Energy in accordance with subsection 6.9.4 of the Contract. At the request of the Contractor and at the Contractor's expense, Western shall purchase, schedule, and account for requested Firming Energy separately from energy deemed to be from the Hoover Powerplant in order to meet that Contractor's Firm Energy deficiency. Page 4 of 16 7.1.5.1 Planned Outage Scheduling: Planned removal of equipment from service currently requires four (4)business days minimum advance notice with no bulk electric system (BES) impact, and ten (10)business days if the BES is impacted or as required by NERC and WECC. 7.1.5.2 Emergencies: Unplamled outages requiring emergency restoration response do not require any advance minimum outage notification period. 7.1.5.3 Emerging Actions: Emerging or pressing equipment issues requiring an outage or preventive action by either Reclamation or WALL, are to be responded to as determined by the WALC system operator, the Reclamation generator operator, or the WECC Reliability Coordinator to avoid an imminent adverse impact to the BES, to prevent generator or transmission damage, or to avoid injury. 7.1.6 Scheduling practices will comply with current North American Electric Standards Board, (NAESB), NERC, WECC, and applicable Federal Energy Regulatory Commission (FERC), or successor(s) requirements. Contractor shall have the option to schedule statically in accordance with subsection 7.7, herein or to schedule dynamically in accordance with subsection 7.8, herein. All scheduling shall follow the electronic interchange transaction information(e-Tag) requirements in accordance with subsection 7.7, 7.8, and 7.9, herein. 7.1.7 The Contractor may request a change in schedule type (static or dynamic). Any changes will be in effect for a minimum twelve (12) month period, unless a more expedient change is agreed to by Western and the Contractor. Preference for schedule type will be made by submitting a written request to Western to evaluate implementation of the change in schedule type. Attachment No. 6, herein describes steps for establishing dynamic scheduling with Western. 7.2 Master Schedule: Western will use MST as the timing basis for the determination of the monthly breakdown of estimated energy and capacity allocation as shown in the annual Master Schedule and any revisions. As stated in subsection 6.8.1 of the Contract, the Master Schedule shall be for a sixteen(16) month period, beginning on June 1 of the current year and extending through September 30 of the next year for each of the Contractors. An example of a Master Schedule showing Schedule A, Schedule B, Schedule D Contingent Capacity and Firm Energy, and Schedule C, Excess Energy are shown in Attachment No. 3, herein. Page 3 of 16 6. DEFINITIONS: Terms, when used herein and in the Attachments, hereto, whether in singular or plural, shall have the meanings set forth in section 5 (Definitions) of the Contract. 7. GENERATION SCHEDULING: 7.1 Scheduling: Schedules associated with capacity and energy deliveries will be established and confirmed on Mountain Standard Time (MST) in advance as outlined in this MSI. 7.1.1 The Scheduling Entity is designated to implement schedules with Western on behalf of Contractor. Each Party shall provide its scheduling point(s) of contact and other information for this MSI as indicated on Attachment Nos. 1 and 2, attached hereto. In accordance with subsection 6.11.5 of the Contract, each Party agrees to provide the other Party, at least sixty(60) Days advance written notification, of any modifications to contact information or Scheduling Entity. Western will provide a revised Attachment No. 1 as confirmation of the change. 7.1.2 The Scheduling Entity will schedule and Western will deliver Contractor's Schedule A, Schedule B, and Schedule D Contingent Capacity and associated Firm Energy; and will schedule and deliver Excess Energy in accordance with the Contract and subsection 7.7 and 7.8, herein. 7.1.3 Contingent Capacity is based on Hoover Powerplant generating capacity which may be changed to the extent the output capability of the designated unit(s) has been changed due to a new unit rating or outage of the designated unit(s) in accordance with section 6 of the Contract. 7.1.4 Changes in Available Capacity shall be shared pro rata among Schedule A. Schedule B, and Schedule D Contingent Capacity and each Contractor's change in Available Capacity shall be based upon the Contractor's allocation percentages in Attachment No. 1 of the Contract. Notifications of changes in Available Capacity will be made as soon as practicable after unit capacity ratings have been determined by the Bureau of Reclamation (Reclamation). 7.1.5 Notice of changes in Available Capacity will be made in accordance with North American Electric Reliability Corporation (NERC) and Western Electricity Coordinating Council (WECC) outage reporting requirements and in accordance with the coordination procedure with the Western Area Lower Colorado Balancing Authority(WALC) and Reclamation. The WALC-Reclamation coordination procedure includes: Page 2 of 16 METERING AND SCHEDULING INSTRUCTIONS BETWEEN THE UNITED STATES WESTERN AREA POWER ADMINISTRATION Desert Southwest Customer Service Region Office Boulder Canyon Project AND CITY OF VERNON 1. PARTIES: The Parties to these Metering and Scheduling Instructions (MSI) are Western Area Power Administration(Western) and City of Vernon (Contractor) or their Authorized Representative, each sometimes individually called Party and collectively called Parties. 2. PURPOSE: This MSI is written to implement the metering, scheduling, and accounting contractual requirements in accordance with subsection 6.12.2 of Contractor's Boulder Canyon Project (BCP) Electric Service Contract No. 16-DSR-12650 (Contract), as well as Implementation Agreement No. 95-PAO-10616, as amended and restated (Restated Agreement), associated with the BCP. If there are any conflicts between the terms of the Contract and the terms of this MSI, the terms of the Contract shall prevail. If there are conflicts between the terms of the Restated Agreement and the terms of this MSI, the terms of the Restated Agreement shall prevail. 3. TERM: This MSI shall become effective on October 1, 2016, for power provided on October 1, 2017, and shall remain in effect through September 30, 2067, until superseded by revised instructions or termination of the Contract and Restated Agreement listed in section 2, herein. 4. REVISION: The Parties intend that this MSI shall be reviewed periodically, and revised as necessary by agreement of the Parties, or as determined necessary by Western. 5. POINT(S) OF DELIVERY: Western shall deliver capacity and energy to the Contractor through the Contractor's authorized Scheduling Entity(ies) at the Mead 230- kV Bus listed in Exhibit B to the Contract. Page 1 of 16 CONTRACT NO. 16-DSR-12650 METERING AND SCHEDULING INSTRUCTIONS BETWEEN THE UNITED STATES WESTERN AREA POWER ADMINISTRATION Desert Southwest Customer Service Region Boulder Canyon Project AND CITY OF VERNON Section Table of Contents Page No. 1 Parties.................................................................................................... 1 2 Purpose.................................................................................................. 1 3 Term...................................................................................................... 1 4 Revision................................................................................................ 1 5 Point(s) of Delivery............................................................................... 1 6 Definitions............................................................................................. 2 7 Generation Scheduling.......................................................................... 2 8 Metering................................................................................................ 10 9 Energy and Capacity Calculations........................................................ 10 10 Power Accounting................................................................................. 13 Attachment No. 1, Contractor's Scheduling Entity and Point of Contacts Attachment No. 2, Western's Point of Contacts Attachment No. 3, Example Master Schedule Attachment No. 4, Example Target Schedule Attachment No. 5, Example Annual Energy Reconciliation Report Attachment No. 6, Establishing a Dynamic Schedule i Attachment No. 6 Contract No. 16-DSR-12650 City of Vernon CONTRACT NO.16-DSR-12650 METERING AND SCHEDULING INSTRUCTIONS BETWEEN THE UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION Desert Southwest Customer Service Region Boulder Canyon Project AND CITY OF VERNON Attachment No. 5 Contract No. 16-DSR-12650 City of Vernon Lower Basin Development Fund Contribution Charge: The contribution charge is 4.5 mills/kWh for each kWh measured or scheduled to an Arizona purchaser and 2.5 mills/kWh for each kWh measured or scheduled to a California or Nevada purchaser, except for purchased power. Billing for Unauthorized Overruns: For each Billing Period in which there is a Contract violation involving an unauthorized overrun of the contractual power obligations, such overrun shall be billed at 10 times the forecast energy rate and forecast capacity rate. The contribution charge shall also be applied to each kWh of overrun. Adjustments: None. Page 3 of 3 Attachment No. 5 Contract No., 16-DSR-12650 City of Vernon ENERGY CHARGE: For each month in the Rate Year, Western shall bill each Contractor for an energy charge equal to that period's Monthly Energy Ratio, multiplied by the Contractor's Energy Dollar as provided by the Contract. CAPACITY CHARGE: For each month in the Rate Year, Western shall bill each Contractor for a capacity charge equal to one-twelfth(1/12) of the Capacity Dollar multiplied by each Contractor's Contingent Capacity percentage as provided by the Contract. Forecast Rates: ENERGY: Shall be equal to the Rate Year Energy Dollar divided by the lesser of the total Master Schedule energy or 4,501.001 million kWhs. This rate is to be applied for use of excess energy, unauthorized overruns, and water pump energy. CAPACITY: Shall be equal to the Rate Year Capacity Dollar divided by 2,074,000 kWs, to be applied for use of unauthorized overruns. Calculated Energy Rate: Within ninety(90) Days after the end of the Fiscal Year, after the Energy Deemed Delivered has been determined, the Calculated Energy Rate shall be determined by dividing fifty(50) percent of the Annual Revenue Requirement by the Energy Deemed Delivered. For any Rate Year in which Energy Deemed Delivered is greater than 4,501,001 million kilowatt hours, Western shall apply the Calculated Energy Rate to each Contractor's Energy Deemed Delivered to determine the Contractor's actual energy charge. A credit or debit shall be established for each Contractor based on the difference between the Contractor's Energy Dollar and the Contractor's actual energy charge, to be applied in the month following the calculation or as soon as possible thereafter. Page 2 of 3 Attachment No. 5 Contract No. 16-DSR-12650 City of Vernon UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION Boulder Canyon Project Desert Southwest Customer Service Region SCHEDULE OF RATES FOR ELECTRIC SERVICE Effective: The first day of the first full Billing Period beginning on or after October 1, 2018, and extending through September 30, 2023, or until superseded by another rate schedule, whichever occurs earlier. Available: In the marketing area serviced by the Boulder Canyon Project. Applicable: To power Contractors served by the Boulder Canyon Project supplied through one meter, at one point of delivery, unless otherwise provided by Contract. Character and Conditions of Service: Alternating current at 60 hertz, three-phase, delivered and metered at the voltages and points established by contract. Base Charge: The total charge paid by the Contractors for their allocated capacity and firm energy based on the Annual Revenue Requirement. The Base Charge shall be composed of a capacity component and an energy component: Page 1 of 3 Attachment No. 4 Contract No. 16-DSR-12650 City of Vernon SCHEDULE A, SCHEDULE B,AND SCHEDULE D ELECTRIC SERVICE CONTRACTORS Tohono O'odham Nation Tonto Apache Tribe Torres Martinez Desert Cahuilla Indians Twenty-Nine Palms Band of Mission Indians Viejas Band of Kumeyaay Indians Page 2 of 2 Attachment No. 4 Contract No. 16-DSR-12650 City of Vernon SCHEDULE A, SCHEDULE B, AND SCHEDULE D ELECTRIC SERVICE CONTRACTORS Agua Caliente Band of Cahuilla Indians Anza Electric Cooperative, Inc. Arizona Power Authority Augustine Band of Cahuilla Indians Bishop Paiute Tribe Cabazon Band of Mission Indians California Department of Water Resources Chemehuevi Indian Tribe City of Anaheim, California City of Azusa, California City of Banning, California City of Boulder City, Nevada City of Burbank,California City of Cerritos, California City of Colton, California City of Corona, California City of Glendale, California City of Los Angeles, California City of Pasadena, California City of Rancho Cucamonga, California City of Riverside, California City of Vernon, California City of Victorville, California Colorado River Commission of Nevada Fort McDowell Yavapai Nation Gila River Indian Community Hualapai Indian Tribe Imperial Irrigation District Kaibab Band of Paiute Indians Las Vegas Paiute Tribe Metropolitan Water District of Southern California Morongo Band of Mission Indians Navajo Tribal Utility Authority Pascua Yaqui Tribe Pechanga Band of Luiseno Mission Indians Salt River Pima-Maricopa Indian Community San Diego County Water Authority San Luis Rey River Indian Water Authority Southern California Edison Company San Manuel Band of Mission Indians Timbisha Shoshone Tribe Page 1 of 2 Attachment No. 3 Contract No. 16-DSR-12650 City of Vernon ANCILLARY SERVICES 1. Operating Reserve—Spinning Generation that is synchronized to the system and fully available to respond in accordance with applicable regulatory standards and requirements. Capacity scheduling requirements for Operating Reserves— Spinning are provided in the metering and scheduling instructions pursuant to subsection 6.12.2 of this Contract. 2. Operating Reserve—Supplemental Generation capable of being synchronized to the system that is fully available to respond in accordance with applicable regulatory standards and requirements. Capacity scheduling requirements for Operating Reserves— Supplemental are provided in metering and scheduling instructions pursuant to subsection 6.12.2 of this Contract. 3. Regulation Regulation service, including ramping up or ramping down, is provided dynamically by Western in response to a digital control signal from the Contractor or a Scheduling Entity, consistent with established NERC and WECC reliability standards or reliability standards of their successor organizations, and any requirements of Western. 4. Changes, additions, or modifications to the attachment shall be reflected in new or revised attachments and will be distributed in accordance with section 18 of this Contract. Page 1 of 1 Attachment No. 2 Contract No. 16-DSR-12650 City of Vernon Contractor(cont.) Percent City of Pasadena 2.0003 City of Rancho Cucamonga 0.2537 City of Riverside 1.9785 City of Vernon 1.4395 City of Victorville 0.2220 Imperial Irrigation District 0.2538 Metropolitan Water District of Southern California 34.8398 San Diego County Water Authority 0.1369 Southern California Edison Company 16.2014 Agua Caliente Band of Cahuilla Indians 0.1226 Augustine Band of Cahuilla Indians 0.0405 Bishop Paiute Tribe 0.0321 Cabazon Band of Mission Indians 0.0849 Chemehuevi Indian Tribe 0.1182 Morongo Band of Mission Indians 0.0929 Pechanga Band of Luiseno Mission Indians 0.1692 San Luis Rey River Indian Water Authority 0.2538 San Manuel Band of Mission Indians 0.2161 Timbisha Shoshone Tribe 0.0101 Torres Martinez Desert Cahuilla Indians 0.1403 Twenty-Nine Palms Band of Mission Indians 0.1,117 Viejas Band of Kumeyaay Indians 0.1174 Total 100.0000 3. Changes, additions, or modifications to the attachment shall be reflected in new or revised attachments and will be distributed in accordance with section 18 of this Contract. 8 Percentages are calculated by rounding to the nearest ten thousandths decimal place. Page 14 of 14 Attachment No. 2 Contract No. 16-DSR-12650 City of Vernon 2.1. Third Priority Excess Energy for Arizona is documented below. Contractor Percents Arizona Power Authority(APA) 100.0000 Total 100.0000 2.2 Third Priority Excess Energy for Nevada is documented below. Contractor Percent Colorado River Commission (CRC) 100.0000 Total 100.0000 2.3 Third Priority Excess Energy for California is documented below. Contractor Percent? Anza Electric Cooperative, Inc. 0.1350 California Department of Water Resources 0.2538 City of Anaheim 2.6381 City of Azusa 0.2600 City of Banning 0.1205 City of Burbank 1.3357 City of Cerritos 0.2537 City of Colton 0.1998 City of Corona 0.2527 City of Glendale 2.1943 City of Los Angeles 33.5206 5 Percentages are calculated by rounding to the nearest ten thousandths decimal place. 6 Percentages are calculated by rounding to the nearest ten thousandths decimal place. 7 Percentages are calculated by rounding to the nearest ten thousandths decimal place. Page 13of14 Attachment No. 2 Contract No. 16-DSR-12650 City of Vernon SCHEDULE A, SCHEDULE B, AND SCHEDULE D EXCESS ENERGY ALLOCATIONS 1. Schedule A, Schedule, B, and Schedule D excess energy is defined by the Priority of Entitlement to Excess Energy. Priority of Entitlement to Excess Energy First: The first 200 million kWh for use within the State of Arizona; Provided, That in the event excess energy in the amount of 200 million kWh is not generated during any year of operation, Arizona shall accumulate a first right to delivery of excess energy subsequently generated in an amount not to exceed 600 million kWh, inclusive of the current year's 200 million kWh. Said first right of delivery shall accrue at a rate of 200 million kWh per year for each year excess energy in the amount of 200 million kWh is not generated, less amounts of excess energy delivered. Second: Meeting Hoover Dam contractual obligations under the States of Arizona, California, and Nevada for; Schedule A (Schedule A), Schedule B (Schedule B), and Schedule D (Schedule D), not to exceed 26 million kWh hours in each year of operation. Third: Meeting the energy requirements of the States of Arizona, California, and Nevada; such available excess energy to to be divided equally among the three States. 2. Percentage Allocations is defined for third priority excess energy for use in Arizona, California, and Nevada. Page 12of14 Attachment No. 2 Contract No. 16-DSR-12650 City of Vernon Firm Energy Contractor Thousands of kWh Percent California Tribes: Agua Caliente Band of Cahuilla Indians 3,163 0.0699 Augustine Band of Cahuilla Indians 1,046 0.0231 Bishop Paiute Tribe 830 0.0183 Cabazon Band of Mission Indians 2,190 0.0484 Chemehuevi Indian Tribe 3,050 0.0674 Morongo Band of Mission Indians 2,397 0.0530 Pechanga Band of Luiseno Mission Indians 4,366 0.0965 San Luis Rey River Indian Water Authority 6,550 0.1447 San Manuel Band of Mission Indians 5,576 0.1232 Timbisha Shoshone Tribe 260 0.0057 Torres Martinez Desert Cahuilla Indians 3,622 0.0800 Twenty-Nine Palms Band of Mission Indians 2,882 0.0637 Viejas Band of Kumeyaay Indians 3,030 0.0669 Tribes Subtotals, California 38,962 0.8607 Totals Schedule A, B, and D Firm Energy 4.527.001 100.0000 4 Percentages are calculated by rounding to the nearest ten thousandths decimal place. Page 11 of 14 Attachment No. 2 Contract No. 16-DSR-12650 City of Vernon Firm Energy Contractor Thousands of kWh Percent City of Pasadena 58,615 1.2948 City of Rancho Cucamonga 6,547 0.1446 City of Riverside 37,050 0.8184 City of Vernon 26,600 0.5876 City of Victorville 5,728 0.1265 Imperial Irrigation District 6,550 0.1447 Metropolitan Water District of Southern California 1,227,375 27.1123 Southern California Edison Company 238,160 5.2609 San Diego County Water Authority 3,533 0.0780 Subtotals, California 2,449,927 54.1181 3 Percentages are calculated by rounding to the nearest ten thousandths decimal place. Page 10 of 14 Attachment No. 2 Contract No. 16-DSR-12650 City of Vernon Firm Energy Contractor Thousands of kWh Percent Nevada: Colorado River Commission(CRC) 1,053,115 23.2630 CRC Subtotals 1,053,115 23.2630 Nevada Tribes: Las Vegas Paiute Tribe 1,502 0.0332 Tribes Subtotals 1,502 0.0332 Nevada:. U.S. for Boulder City(BC) 76,000 1.6788 U.S. for BC Subtotals 76,000 1.6788 CRC, Tribes, and BC Subtotals,Nevada 1,130,617 24.9750 California: Anza Electric Cooperative, Inc. 3,482 0.0769 California Department of Water Resources 6,550 0.1447 City of Anaheim 49,400 1.0912 City of Azusa 4,750 0.1049 City of Banning 1,900 0.0420 City of Burbank 25,270 0.5582 City of Cerritos 6,547 0.1446 City of Colton 3,800 0.0839 City of Corona 6,519 0.1440 City of Glendale 68,268 1.5080 City of Los Angeles 663,283 14.6517 2 Percentages are calculated by rounding to the nearest ten thousandths decimal place. Page 9of14 Attachment No. 2 Contract No. 16-DSR-12650 City of Vernon 4. Schedule A, B, and D, Total Firm Energy is documented below. Firm Energy Contractor Thousands of kWh Percents Arizona: Arizona Power Authority(APA) 878,592 19.4078 APA Subtotals 878,592 19.4078 Arizona Tribes: Fort McDowell Yavapai Nation 738 0.0163 Gila River Indian Community 6,550 0.1447 Hualapai Indian Tribe 832 0.0184 Kaibab Band of Paiute Indians 271 0.0060 Navajo Tribal Utility Authority 6,550 0.1447 Pascua Yaqui Tribe 954 0.0211 Salt River Pima-Maricopa Indian Community 6,550 0.1447 Tohono O'odham Nation 5,914 0.1306 Tonto Apache Tribe 546 0.0120 Tribes Subtotals 28,904 0.6385 APA and Tribes Subtotals,Arizona 907,495 20.0463 Percentages are calculated by rounding to the nearest ten thousandths decimal place. Page 8of14 Attachment No. 2 Contract No. 16-DSR-12650 City of Vernon Firm Energy (Thousands of kWh) Contractor(cont.) Summer Winter Total San Luis Rey River Indian Water Authority 4,582 1,968 6,550 San Manuel Band of Mission Indians 3,900 1,675 5,575 Timbisha Shoshone Tribe 182 78 260 Torres Martinez Desert Cahuilla Indians 2,534 1,088 3,622 Twenty-Nine Palms Band of Mission Indians 2,016 866 2,882 Viejas Band of Kumeyaay Indians 2,120 911 3,031 CaliforniaTribes Subtotals 27,255 11,707 38,962 California and California Tribes Subtotals 59,065 25,353 84,418 Schedule D, Firm Energy Totals 158.377 67.975 226.352 Page 7 of 14 Attachment No. 2 Contract No. 16-DSR-12650 City of Vernon Firm Energy (Thousands of kWh) Contractor (cont.) Summer Winter Total California: Anza Electric Cooperative, Inc. 2,438 1,045 3,482 California Department of Water Resources 4,581 1,968 6,550 City of Cerritos 4,582 1,965 6,547 City of Corona 4,564 1,956 6,519 City of Rancho Cucamonga 4,582 1,965 6,547 City of Victorville 4,009 1,719 5,728 Imperial Irrigation District 4,582 1,968 6,550 San Diego County Water Authority 2,473 1,060 3,533 California Subtotals 31,811 13,646 45,456 California Tribes: Agua Caliente Band of Cahuilla Indians 2,213 951 3,163 Augustine Band of Cahuilla Indians 731 314 1,046 Bishop Paiute Tribe 580 249 830 Cabazon Band of Mission Indians 1,532 658 2,190 Chemehuevi Indian Tribe 2,133 917 3,050 Morongo Band of Mission Indians 1,677 720 2,397 Pechanga Band of Luiseno Mission Indians 3,054 1,312 4,366 Page 6 of 14 Attachment No. 2 Contract No. 16-DSR-12650 City of Vernon Firm Energy (Thousands of kWh) Contractor (cont.) Summer Winter Total City of Las Vegas 1,610 692 2,301 City of North Las Vegas 1,165 501 1,666 Clark County School District 4,582 1,968 6,550 Clark County Water Reclamation District 1,038 446 1,485 College of Southern Nevada 429 184 613 Las Vegas Valley Water District 4,582 1,968 6,550 State of Nevada Department of Administration 166 72 238 State of Nevada Department of Corrections 429 184 613 State of Nevada Department of Transportation 177 76 253 University of Nevada, Las Vegas 466 200 666 CRC Subtotals 33,608 14,418 48,026 Nevada Tribes: Las Vegas Paiute Tribe 1,051 451 1,502 Nevada Tribes Subtotals 1,051 451 1,502 CRC and Nevada Tribes Subtotals 34,659 14,869 49,528 Page 5of14 Attachment No. 2 Contract No. 16-DSR-12650 City of Vernon Firm Energy (Thousands of kWh) Contractor Summer Winter Total Arizona: Navopache Electric Cooperative, Inc. 1,356 583 1,939 Northern Arizona Irrigation District Power Pool 376 161 537 Sulphur Springs Valley Electric Cooperative, Inc. 4,171 1,792 5,962 Trico Electric Cooperative, Inc. 4,582 1,968 6,550 APA Subtotals 44,434 19,068 63,502 Arizona Tribes: Fort McDowell Yavapai Nation 516 222 738 Gila River Indian Community 4,582 1,968 6,550 Hualapai Indian Tribe 582 250 832 Kaibab Band of Paiute Indians 189 81 270 Navajo Tribal Utility Authority 4,582 1,968 6,550 Pascua Yaqui Tribe 667 287 954 Salt River Pima-Maricopa Indian Community 4,582 1,968 6,550 Tohono O'odham Nation 4,137 1,777 5,914 Tonto Apache Tribe 382 164 546 Arizona Tribes Subtotals 20,219 8,685 28,904 APA and Arizona Tribes Subtotal 64,653 27,753 92,405 Nevada: Colorado River Commission(CRC) 17,580 7,533 25,113 City of Henderson 1,384 594 1,978 Page 4 of 14 Attachment No. 2 Contract No. 16-DSR-12650 City of Vernon 3. Schedule D Firm Energy is documented below. Finn Energy (Thousands of kWh) Contractor Summer Winter Total Arizona: Arizona Power Authority(APA) 17,580 7,533 25,113 City of Chandler AZ Municipal Utilities Department 1,032 444 1,476 City of Flagstaff 307 132 439 City of Glendale 651 279 930 City of Globe 176 75 251 City of Payson 182 78 260 City of Peoria 1,055 453 1,508 City of Phoenix 4,582 1,968 6,550 City of Scottsdale 3,613 1,552 5,165 City of Tempe AZ Public Works Department 368 158 526 City of Tucson AZ Water Department 1,906 819 2,725 Graham County Electric Cooperative, Inc. 476 205 681 Metropolitan Domestic Water Improvement District 273 117 390 Mohave Electric Cooperative, Inc. 1,749 751 2,500 Page 3 of 14 Attachment No. 2 Contract No. 16-DSR-12650 City of Vernon 2. Schedule B Firm Energy is documented below. Firm Energy (Thousands of kWh) Contractor Summer Winter Total Arizona: Arizona Power Authority (APA) 140,600 60,800 201,400 Nevada: Colorado River Commission (CRC) 273,600 117,800 391,400 APA and CRC Subtotals 414,200 178,600 592,800 California: City of Anaheim 34,442 14,958 49,400 City of Azusa 3,312 1,438 4,750 City of Banning 1,324 576 1,900 City of Burbank 3,604 1,566 5,170 City of Colton 2,650 1,150 3,800 City of Glendale 2,749 1,194 3,943 City of Pasadena 2,399 1,041 3,440 City of Riverside 25,831 11,219 37,050 City of Vernon 18,546 8,054 26,600 California Subtotals 94,857 41,196 136,053 Schedule B, Firm Energy Totals 509.057 219.796 728,853 Page 2 of 14 Attachment No. 2 Contract No. 16-DSR-12650 City of Vernon SCHEDULE A, SCHEDULE B, AND SCHEDULE D FIRM ENERGY ALLOCATIONS 1. Schedule A Firm Energy is documented below. Firm Energy (Thousands of kWh) Contractor Summer Winter Total Metropolitan Water District of Southern California 859,163 368,212 1,227,375 City of Los Angeles 464,108 199,175 663,283 Southern California Edison Company 166,712 71,448 238,160 City of Glendale 45,028 19,297 64,325 City of Pasadena 38,622 16,553 55,175 City of Burbank 14,070 6,030 20,100 Arizona Power Authority 429,582 184,107 613,689 Colorado River Commission of Nevada 429,582 184,107 613,689 United States, for Boulder City 53,200 22,800 76,000 Totals 2.500.067 1.071.729 3.571.796 Page 1 of 14 Attachment No. 1 Contract No. 16-DSR-12650 City of Vernon Schedule A,B, and D Schedule A,B, and D State Contractor Contingent Capacity Contingent Capacity (kW) California Metropolitan Water District of Southern California 249,948 12.0515 Southern California Edison 280,245 13.5123 San Diego County Water Authority 1,619 0.0781 Subtotals, California 1,209,472 58.3159 Subtotals, California (Tribes and Non-Tribes) 1,227,318 59.1764 Total Schedule A, B, and D Contingent Capacity 2,074.000 100.0000 5. Changes, additions, or modifications to the attachment shall be reflected in new or revised attachments and will be distributed in accordance with section 18 of this Contract. Percentages are calculated by rounding to the nearest ten thousandths decimal place. Page 11 of 11 Attachment No. 1 Contract No. 16-DSR-12650 City of Vernon Schedule A,B, and D Schedule A,B, and D State Contractor Contingent Capacity Contingent Capacity (kW) (%)to California City of Anaheim 40,396 1.9477 City of Azusa 4,039 0.1947 City of Banning 2,020 0.0974 City of Burbank 20,325 0.9800 City of Cerritos 3,000 0.1446 City of Colton 3,030 0.1461 City of Corona 2,988 0.1441 City of Glendale 20,198 0.9739 City of Los Angeles 495,732 23.9022 City of Pasadena 20,197 0.9738 City of Rancho Cucamonga 3,000 0.1446 City of Riverside 30,296 1.4608 City of Vernon 22,218 1.0713 City of Victorville 2,625 0.1266 Imperial Irrigation District 3,000 0.1446 10 Percentages are calculated by rounding to the nearest ten thousandths decimal place. Page 10 of 11 Attachment No. 1 Contract No. 16-DSR-12650 City of Vernon Schedule A,B, and D Schedule A,B, and D State Contractor Contingent Capacity Contingent Capacity (kW) (%)9 California (Tribes) Chemehuevi Indian Tribe 1,397 0.0674 Morongo Band of Mission Indians 1,098 0.0529 Pechanga Band of Luiseno Mission Indians 2,000 0.0964 San Luis Rey River Indian Water Authority 3,000 0.1446 San Manuel Band of Mission Indians 2,554 0.1231 Timbisha Shoshone Tribe 119 0.0057 Torres Martinez Desert Cahuilla Indians 1,659 0.0800 Twenty-Nine Palms Band of Mission Indians 1,320 0.0636 Viejas Band of Kumeyaay Indians 1,388 0.0669 Subtotals, California (Tribes) 17,846 0.8605 California Anza Electric Cooperative, Inc. 1,596 0.0770 California Department of Water Resources 3,000 0.1446 9 Percentages are calculated by rounding to the nearest ten thousandths decimal place. Page 9 of 11 Attachment No. 1 Contract No. 16-DSR-12650 City of Vernon Schedule A,B, and D Schedule A,B, and D State Contractor Contingent Capacity Contingent Capacity (kW) (%)g Nevada (CRC) Colorado River Commission of Nevada 402,734 19.4182 Subtotals, Nevada (CRC) 402,734 19.4182 Nevada (Tribes) Las Vegas Paiute Tribe 688 0.0332 Subtotals, Nevada (Tribes) 688 0.0332 Nevada (BC) United States, for Boulder City 20,198 0.9739 Subtotals, Nevada (BC) 20,198 0.9739 Subtotals, Nevada (CRC, Tribes, and BC) 423,620 20.4253 California (Tribes) Agua Caliente Band of Cahuilla Indians 1,449 0.0699 Augustine Band of Cahuilla Indians 479 0.0231 Bishop Paiute Tribe 380 0.0183 Cabazon Band of Mission Indians 1,003 0.0484 8 Percentages are calculated by rounding to the nearest ten thousandths decimal place. Page 8ofII Attachment No. 1 Contract No. 16-DSR-12650 City of Vernon SCHEDULE A, SCHEDULE B, AND SCHEDULE D, CONTINGENT CAPACITY ALLOCATIONS 4. Schedule A, B, and D, Contingent Capacity expressed as a percentage of total Schedule A, B, and D, Contingent Capacity is documented below. Schedule A,B, and D Schedule A,B, and D State Contractor Contingent Capacity Contingent Capacity (kW) (%)' Arizona (APA) Arizona Power Authority 409,823 19.7600 Subtotals, Arizona (APA) 409,823 19.7600 Arizona (Tribes) Fort McDowell Yavapai Nation 338 0.0163 Gila River Indian Community 3,000 0.1446 Hualapai Indian Tribe 381 0.0184 Kaibab Band of Paiute Indians 124 0.0060 Navajo Tribal Utility Authority 3,000 0.1446 Pascua Yaqui Tribe 437 0.0211 Salt River Pima- Maricopa Indian Community 3,000 0.1446 Tohono O'odham Nation 2,709 0.1306 Tonto Apache Tribe 250 0.0121 Subtotals, Arizona (Tribes) 13,239 0.6383 Subtotals, Arizona (APA and Tribes) 423,062 20.3984 7 Percentages are calculated by rounding to the nearest ten thousandths decimal place. Page 7ofII Attachment No. 1 Contract No. 16-DSR-12650 City of Vernon Schedule D Contractor (cont.) Schedule D Contingent Capacity (kW) N6 California Tribes: Agua Caliente Band of Cahuilla Indians 1,449 1.3973 Augustine Band of Cahuilla Indians 479 0.4619 Bishop Paiute Tribe 380 0.3664 Cabazon Band of Mission Indians 1,003 0.9672 Chemehuevi Indian Tribe 1,397 1.3472 Morongo Band of Mission Indians 1,098 1.0588 Pechanga Band of Luiseno Mission Indians 2,000 1.9286 San Luis Rey River Indian Water Authority 3,000 2.8930 San Manuel Band of Mission Indians 2,554 2.4629 Timbisha Shoshone Tribe 119 0.1148 Torres Martinez Desert Cahuilla Indians 1,659 1.5998 Twenty-Nine Palms Band of Mission Indians 1,320 1.2729 Viejas Band of Kumeyaay Indians 1,388 1.3385 California Tribes Subtotals 17,846 17.2093 Total Schedule D Contingent Capacity 103.700 100.0000 6 Percentages are calculated by rounding to the nearest ten thousandths decimal place. Page 6of11 Attachment No. 1 Contract No. 16-DSR-12650 City of Vernon Schedule D Contractor (cont.) Schedule D Contingent Capacity (kW) (%)s Nevada: Clark County Water Reclamation District 680 0.6557 College of Southern Nevada 281 0.2710 Las Vegas Valley Water District 3,000 2.8930 State of Nevada Department of Administration 109 0.1051 State of Nevada Department of Corrections 281 0.2710 State of Nevada Department of Transportation 116 0.1119 University of Nevada, Las Vegas 305 0.2941 CRC Subtotals 22,005 21.2199 Nevada Tribes: Las Vegas Paiute Tribe 688 0.6635 Nevada Tribe Subtotals 688 0.6635 California: Anza Electric Cooperative, Inc. 1,596 1.5391 California Department of Water Resources 3,000 2.8930 City of Cerritos 3,000 2.8930 City of Corona 2,988 2.8814 City of Rancho Cucamonga 3,000 2.8930 City of Victorville 2,625 2.5313 Imperial Irrigation District 3,000 2.8930 San Diego County Water Authority 1,619 1.5612 California Subtotals 20,828 20.0849 5 Percentages are calculated by rounding to the nearest ten thousandths decimal place. Page 5of11 Attachment No. 1 Contract No. 16-DSR-12650 City of Vernon Schedule D Contractor (cont.) Schedule D Contingent Capacity (kW) (%)4 Arizona: Sulphur Springs Valley Electric Cooperative, Inc. 2,731 2.6336 Trico Electric Cooperative, Inc. 3,000 2.8930 APA Subtotals 29,094 28.0559 Arizona Tribes: Fort McDowell Yavapai Nation 338 0.3259 Gila River Indian Community 3,000 2.8930 Hualapai Indian Tribe 381 0.3674 Kaibab Band of Paiute Indians 124 0.1196 Navajo Tribal Utility Authority 3,000 2.8930 Pascua Yaqui Tribe 437 0.4214 Salt River Pima-Maricopa Indian Community 3,000 2.8930 Tohono O'odham Nation 2,709 2.6123 Tonto Apache Tribe 250 0.2411 Arizona Tribes Subtotals 13,239 12.7666 Nevada: Colorado River Commission(CRC) 11,510 11.0993 City of Henderson 906 0.8737 City of Las Vegas 1,054 1.0164 City of North Las Vegas 763 0.7358 Clark County School District 3,000 2.8930 4 Percentages are calculated by rounding to the nearest ten thousandths decimal place. Page 4 of 11 Attachment No. 1 Contract No. 16-DSR-12650 City of Vernon 3. Schedule D Contingent Capacity expressed as a percentage of total Schedule D Contingent Capacity is documented below. Schedule D Contractor Schedule D Contingent Capacity (kW) (%)3 Arizona: Arizona Power Authority(APA) 11,510 11.0993 City of Chandler, AZ Municipal Utility Department 676 0.6519 City of Flagstaff 201 0.1938 City of Glendale 426 0.4108 City of Globe 115 0.1109 City of Payson 119 0.1148 City of Peoria 691 0.6663 City of Phoenix 3,000 2.8930 City of Scottsdale 2,366 2.2816 City of Tempe, AZ Public Works Department 241 0.2324 City of Tucson, AZ Water Department 1,248 1.2035 Graham County Electric Cooperative, Inc. 312 0.3009 Metropolitan Domestic Water Improvement District 179 0.1726 Mohave Electric Cooperative, Inc. 1,145 1.1041 Navopache Electric Cooperative, Inc. 888 0.8563 Northern Arizona Irrigation District Power Pool 246 0.2372 3 Percentages are calculated by rounding to the nearest ten thousandths decimal place. Page 3 of 11 Attachment No. 1 Contract No. 16-DSR-12650 City of Vernon 2. Schedule B Contingent Capacity expressed as a percentage of total Schedule B Contingent Capacity is documented below. Schedule B Contractor Schedule B Contingent Capacity (kW) (%)a Arizona: Arizona Power Authority 189,860 37.3757 Nevada: Colorado River Commission 189,860 37.3757 California: City of Anaheim 40,396 7.9523 City of Azusa 4,039 0.7951 City of Banning 2,020 0.3977 City of Burbank 15,149 2.9822 City of Colton 3,030 0.5965 City of Glendale 2,020 0.3977 City of Pasadena 9,089 1.7893 City of Riverside 30,296 5.9640 City of Vernon 22,218 4.3738 Total Schedule B Contingent Capacity 507.977 100.0000 2 Percentages are calculated by rounding to the nearest ten thousandths decimal place. Page 2of11 Attachment No. 1 Contract No. 16-DSR-12650 City of Vernon SCHEDULE A, SCHEDULE B,AND SCHEDULE D CONTINGENT CAPACITY ALLOCATIONS 1. Schedule A Contingent Capacity expressed as a percentage of total Schedule A Contingent Capacity is documented below. Schedule A Contractor Schedule A Contingent Capacity (kW) (%)� Metropolitan Water District of Southern California 249,948 17.0925 City of Los Angeles 495,732 33.9003 Southern California Edison Company 280,245 19.1644 City of Glendale 18,178 1.2431 City of Pasadena 11,108 0.7596 City of Burbank 5,176 0.3540 Arizona Power Authority 190,869 13.0525 Colorado River Commission of Nevada 190,869 13.0525 United States, for Boulder City 20,198 1.3812 Total Schedule A Contingent Capacity 1.462.323 100.0000 1 Percentages are calculated by rounding to the nearest ten thousandths decimal place. Page 1 of 11 United States Dep-artment of Energy WESTERN AREA ' POWER ADMINISTRATION e tj Desert Southwest Regional Office BETWEEN UNITED STATES DEPARTMENT OF ENERGY WESTERN .AREA POWER ADMINIST RAT ION Desert Southwest Customer Service Region ®idler Canyon Project AGREEMENT NO. 95-PAO-10616 AND UNITED STATES DEPARTMENT Off' THE INTERIOR BUREAU OF RECLAMATION AGREEMENT NO. 5-CST-30-PI128 AND BOULDER CANYON PROJECT ELECTRIC SERVICE CONTRACTORS AMENDED AND RESTATED BOULDER CANYON PROJECT IMPLEMENTATION AGRE EMENT between The United States, acting through The Western Area Power Administration, Department of Energy and The Bureau of Reclamation, Department of the Interior, and the parties identified in Attachment 10.1A — Boulder Canyon Project Electric Service Contractors Table of Contents Section Title Page i i 1. Panties ............. l 2. Explanatory Recitals...................................................................... 1 3, Agreement Amended and Restated................................................ 3 4. Terra of Restated Agreement......................................................... 3 5. Definitions........................ 6. Relationship to the Contracts ...................................................... 10 7. Committees.................................................................................. 10 8. Holes and Responsibilities of the Coordinating Committee, Engineering & Operating Committee, and Technical Review Committee................................................ 11 9. formal Decision-Making Pi ................................................ 16 10. Contingency Planning..................................................................23 �11, Future Electric Power Development Related to Hoover Lam Facilities.................................................................................24 12. Billing and Payment.....................................................................2a. 13. bower Colorado River Multi-Species Conservation Program.....25 14, Treasury Payments.......................................................................25 15. Working Capital...........................................................................26 16, Transition of Financial Obligations .............................................27 17. Multi-.Project Benefits and Costs.................................................29 18. Audits ..........................................................................................28 ' 19. Visitor Facilities........................................................................... 32 20. Replacement and Repayable Capital Investments....................... 33 21. Reimbursement of Working Capital, Repayable Capital Investments, and Reconciling Items for Reallocation of a Contractor's Allocation...................................................39 22. Applicable Laws ..........................................................................40 23. Restated Agreement.....................................................................41 24. Notice ..........................................................................................41 25. Disputes........................................................................................41 26, Relationship of Parties.................................................................41 27. Federal/Tribal Contractor Consultations and Communications ..42 28. Modification and Waiver............................... 29. Effect of Section Headings ..........................................................42 30. Resolutions...................................................................................42 31. Exhibits and Attachments ............................................................43 32. Successor or Assignee..................................................................43 33. Executioaz by Counterpart ........................................... ....43 34. Authority to Execute....................................................................44 Signatures iii Attachment 1.IA Committee Representatives Attachment 2.IA Louver Colorado River Multi-.Species Conservation Program Attachment 3.IA Working Capital Calculation Attachment 4.IA Multi.-Project Written procedures .Attachment 5.IA Contingent Capacity, Firm Enemy, and BCP Percentages Attachment 6.IA Appendix O of the 1995 Implementation Agreement Attachment TIA Table % from Calculations for Repayable Capital Investments (Repayable Advances) from the 1995 Implementation Agreement Attachment UA Calculations for Replacements and Repayable Capital Investments from the 2016 Restarted Agreement Attachment 9.IA Boulder Canyon Project "Ten Year Operating Plan Attaclitnent 10.IA Boulder Canyon Project Electric Service Contractors iv AMENDED AND RESTATED 1ED BOULDER CANYON PROJECT' IMPLEMENTATION AGREEMENT 1. PARTIES: The Parties to this Amended and Restated Boulder Canyon Project Implementation Agreement (Restated Agreement) are the United States of America, acting by and through the Administrator, Western Area Power Administration (Western) Department of Energy, represented by the officer executing this Restated Agreement or a duly appointed successor, and acting by and through the Commissioner, Bureau of Reclamation (Reclamation) Departrrrent of the Interior, represented by the Regional Director, Lower Colorado Region or a duly appointed successor; and the entities specified in Attachment 10.1A,that have a fully executed Boulder Canyon Project (BCP) Electric Service Contract with Western. Such entities .may be referred to individually as Party or collectively as Parties. 2. EXPLANATORY RECITALS: This Restated Agreement is made with reference to the following facts: 2.1. Pursuant to the hoover Power Plant Act of 1994, Western entered into a Boulder Canyon Project Electric Service Contract with each Schedule A and Schedule B Contractor for the sale of contingent capacity and associated firm energy from the Hoover Powerplant for the period ,Tune 1, 1987 through September 30, 2017, with Reclamation a concurring signatory to each BCP Electric Service Contract insofar as its responsibilities were involved. 2.2. Pursuant to the Hoover Power Allocation Act of 2011, Western is entering into a BCP Electric Service Contract (Contract) with each Contractor for the sale of contingent capacity and associated firm energy frorn the Hoover Powerplant for the period October 1, 2017 through September 30, 2067, with Reclamation a concurring signatory to each Contract insofar as its responsibilities arc involved. Page 1 of 91 2.3. Declamation and Western recognize each agency has responsibilities to ensure the RCP's plans, programs, budget, operation, maintenance, and replacements are managed in an efficient manner. The power output of the Hoover Powerplant will be delivered to the Contractors at the lowest possible cost consistent with applicable laws, statutes, regulations, and sound business principles, 2.4. Reclamation has the responsibility and authority for establishing the overall budget and the revenue requirement for the BCP. Reclamation is also responsible for the operation, maintenance, and replacements (OM&R) of the Hoover Dam Facilities. Western has the responsibility and authority for the ®M&R of the Federal transmission system, including the delivery point(s) at Mead Substation. Western is also responsible for the administration of the Contracts and for the sale of contingent capacity and associated firm energy from the Hoover Powerplant. 2.5. The Parties have previously established Committees for the exchange of information and viewpoints regarding Contract administration, including the Hoover Dam Facilities' OM&R in accordance with applicable practices, standards, and regulatory requirements, and the Parties agree to extend and modify the Committees as set forth in this Restated Agreement. 2.6. In March 2014, the contractors of the EBCP Implementation Agreement that was effective as of February 17, 1995 (Agreement) paid the outstanding principal balance for the Visitors Center and Air Slot loans due to the United Mates Treasury. 2.7. The applicable resolutions approved by the Engineering & Operating Committee and documented under the Agreement have been incorporated into the Contract or this Restated Agreement. 2.8. The Agreement was developed in conjunction with the BCP Electric Service Contracts in effect from June 1, 1987 through September 30, 2017. The Parties desire to enter into this Restated Agreement pursuant to the Hoover Power Page 2 of 91 Allocation Act of 2011, the Conformed Criteria, and the Contracts as defined in section 5. 4 herein. AGREEM Y,NT AMENDED AND RESTATED: Now therefore, in consideration of the above recitals, the mutual covenants, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree this Restated Agreement amends and restates the Agreerrrent dated February 17, 1995, in its entirety. 4, TERM OF' RESTATED AGREEMENT': 4.1. J"Eris Restated Agreerrrent shall. become effective on October 1, 2016, and shalt rernain .in effect until replaced by a successor agreement among the Parties, or with respect to an individual Contractoruntil termination of any f3C;P electric service agreement with that Contractor. The financial obligations incurred under this Restated Agreement, including but not limited to sections 12, 13, and 20 herein, shall remain enforceable until all such obligations hereunder have been performed in full. 4.2. if a Contractor's Allocation is reallocated in accordance with section 16 of the Contract, the Contractor will no longer be a Party to this Restated Agreement as of the effective date, of the reallocation provided in written notice from Western to Reclamation and the Contractors. The Contractor shall have no further payment obligations after the effective date of the reallocation except for outstanding Contract and/or Restated Agreement payment obligations incurred prior to the reallocation. if the Contractor receiving the reallocation is not an existing Contractor, the new Contractor shall execute this Restated Agreement not later than the effective date of the reallocation. 4.3. if a. Contractor's Contract is teri-ninated in accordance with section 17 of the Contract, ttre Contractor will no longer be a Party to this Restated Agreement as of the effective date of the termination provided by written notice from Western to Page 3 of 91 Declamation and the Contractors. 5. DEFINITIONS: The following terms, when used herein and in the Attachments as attached and future exhibit(s), if any, shall have the meanings specified: 5.t Annual Revenue Re_o airement: The estimated BCP expenses for the Date Year less any carryover of funds from prior Fiscal Year(s) and revenues from other sources as provided under subsection 7.4 of the Contract. 5.2. Area Manager: The Area Manager, Lower Colorado Dams Office, declamation. 5.3. ease Chaff: The total charge paid by the Contractors for their allocated contingent capacity and firm energy based on the Annual Revenue tZequirerrient, in accordance with section 7 of the Contract. The Base Charge shall be composed of a capacity component and an energy component. 5.4. Boulder Canon Project (f3CP : All works and the real property associated with such works authorized by the Boulder Canyon Project Act, as amended, the Hoover Power Plant Act of 1984, as amended, and any fixture additions authorized by Congress, to be constructed and owned by the United States, but exclusive of the main canal and its related appurtenances authorized by the Boulder Canyon Project Act, known as the All-American Canal. 5.5. Boulder Canyon Project Act: The Act of Congress approved December 21, 1928 (45 Stat. 1057, 43 U.S.C. 617), as amended and supplemented. 5.6. Boulder Canyon Project Adjustment Act: The Act of Congress approved July 19, 1940 (54 Stat. '774, 43 U.S.C. 618), as amended and supplemented. 5.7. Boulder Canyon Project Ten Year Operating Plan (BCP Ten Year Operating Plan): The written product of the annual budget planning process for the on-going operation of the BCP, developed by Declamation in consultation with Western and the Contractors. A preliminary and final plan will be developed each year. The final plan will include, but is not limited to, information regarding proposed budget Page 4 of 91 and revenues, staffing projections, hydrology and generation projections, and historic data. 5.8. Chati e in Law: Any of the following events occurring after the execution date of the Contract: (a) a material change in or repeal of any applicable act, statute or regulation or (b) an enactment or malting of a new applicable act, statute or regulation. 5.9. Colorado River Dam Fund (Dam Fund): The special fund in the United States "Treasury established by Section 2(a) of the Boulder Canyon Project Act and available for carrying out the provisions of said Act, the Boulder Canyon Project Adjustment Act, the Hoover Power Plant Act of 1984, the Hoover Dana Miscellaneous Sales Act, and the Hoover Power Allocation Act of 2011. 5,10. Committees: The Coordinating Committee, the Engineering & Operating Committee, and the Technical Review Committee. 5.11. Conformed Criteria: The Conformed general Consolidated Power Marketing Criteria or Regulations for Boulder City Area Projects, published in Federal Register Notice 49 FR 50582, dated December 28, 1984, as amended by Federal Register Notice 77 FR 35671, dated June 14, 2012. 5.12. Contractor(s): The parties specified in Attachment No. 4 of the Contract that have a fully executed Contract with Western for BCP electric service. 5.13. Contractor's Allocation: The Contractor's contingent capacity and firm energy provided for under the Contract as set forth in Exhibit A ol'the Contract and inclusive of excess energy that may be available to the Contractor. 5.14. Contracts .: Each and all of the Boulder Canyon Project Electric Service Contracts between each Contractor and Western, with the concurrence of Reclamation, effective from October 1, 2016 through September 30, 2067, with an initial service date of October 1, 2017. Page 5 of 91 5.15. Coordinating Committee: The Coordinating Committee established Pursuant to section 8 herein. 5.16. Coordinating—'ommittee Chairperson.: Reclamation's Representative on the Coordinating Committee authorized to chair the Coordinating Committee. 5.17. EnvinecrinR and Operating Committee (E&OQ: The Engineering and Operating Committee established pursuant to section 8 herein. 5.18. E&OC Chairperson: Reclamation's Representative on the E&OC authorized to chair the E&OC. 5.19. Energy Deemed Delivered: The amount of energy scheduled, metered, and deterixiined to be delivered to each Contractor, including Motoring Losses (Mt) and Unloaded Synchronized Generation Losses (St,) as defined in Exhibit D to the Contract, all determined in accordance with the Metering and Scheduling Instructions (MSI) developed and agreed upon in accordance with subsection 6.12.2 of the Contract. Such energy amount shall exclude energy purchased by Western, at the request of a Contractor, in accordance with subsection 6.9.4 of the Contract. 5.20. Federally Recognized Indian Tribe(s): A Native American Indian tribe that is eligible to contract with Western for an allocation of Schedule D contingent capacity and firm energy. 5.21. Fiscal Year: The twelve (12) month period so designated by Federal law. Until changed by Federal law, Fiscal Year means the period commencing October 1 of each year, irnmediately after midnight of September 30, and ending at midnight of September 30 of the following year. 5.22. Hoover Dam Facilities: The dam and incidental works constructed by the Secretary of the Interior pursuant to the authority granted in Section 1 of the Boulder Canyon Project Act and the Hoover Power Plant Act of 1984, including all associated facilities, but not limited to the dam, support buildings, power houses, station Page 6 of 91 service systern, central section, intake towers, penstocks, spillways, turincts, and Visitor Facilities. 5.23. Hoover Dam Miscellaneous Sales Act: The Act of Congress approved November 7, 2000 (114 Stat. 1989, a•3 J.S.C. 619), as amended and supplemented. 5.24. Hoover Power Allocation Act of 2011: The Act of Congress approved December 20, 2011 (125 Stat. 777, 43 U.S.C. 619a) that amends the Hoover Power Plant Act of 1984, for certain statutory schedules governing contracts for delivery commencing October 1, 2017, of hydroelectric power generated at the Hoover Powerplant to the BCP marketing area within. Arizona, California, and Nevada. 5.25. Hoover Power Plant Act of 1984: The Act of Congress approved August 17, 1984 (98 Stat. 1333, 43 U.S.C. 619) and amended by the Hoover Power Allocation Act of 2011. 5.26. Hoover Powerplant: The power houses included in the Hoover Darn I'aci.tities, consisting of the existing seventeen (17) main generating units and their associated equipment i.ised to produce the power and ancillary services related to the Contractors' contingent capacity and firm energy, as may be improved, replaced, renovated, or expanded during the term of the Contract. 5.27. Lower Colorado River Multi—Species Conservalion Program (NISCP): As defined in Section 9401 of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1327). 5.28. Power_Repayment Study (PBS): The Power Repayment Study used by 'Western to calculate the Base Charge and capacity and energy rates for the BCP. 5.29. Rate Year: The Fiscal Year for which the Annual Revenue Requirement is forecast for annual .rate determination purposes in the PRS. 5.30. Readvances: Available funds appropriated by the Secretary of the Treasury to the Dam Fund for replacements related to the BCP pursuant to the Boulder Canyon Page 7 of 91 Project Act and the Boulder Canyon Project Adjustment Act. 'I'lmese funds are only readvanced to the Dane fund if requested by the Secretary of'the Interior. 5.31. Regional Director: The P.egional. Director, Lower Colorado Region, Declamation. 5.32. &epa able Capital Investments: The calculation that shows the difference between the amount:funded by the Contractors and the amount that would have been paid by the Contractors if replacements were funded by Readvances and amortized for fifty (50) years. The term Repayable Capital Investments has the same meaning and replaces the defined term Repayable Advances as used in the Contract, and the term repayable advances as used in the Hoover Power Allocation Act of201.1 and the Conformed Criteria. 5.33. Replacement Capital Investment: Ninety-six (96)percent of the total amount expensed for multi-year and annual replacements. iIMLilti-year replacements include interest during construction. The Replacement Capital Investment is amortized for fifty (50) years, as if Readvances were appropriated for the replacements. Replacement Capital Investment is used to calculate time Repayable Capital Investment. The Replacement Capital Investment is documented in the Fiscal Year following the year the replacements have been placed in service. 5.34. Representative(s): The primary or alternate Committee representative(s) designated by a Contractor pursuant to subsection 7.3 herein. 5.35. Restated A red, ement: This Amended and Restated Boulder Canyon Project Implementation Agreement No. 95-PAO-10616 (Western) and No. 5-CU-30-P1128 (Reclamation), including all Attachments and future exhibit(s), if any. 5.36. Schedule A Contractor: An entity listed in Attachment No. 4 of the Contract that has entered into a Contract with Western in accordance with Section 105 (a) (1) (A) of the Hoover Power Plant Act of 1984, as amended by the Hoover Power Allocation Act of 2011, and the Conformed Criteria. Page 8 of 91 5.37. Schedule B Contractor: An entity listed in Attachment No. 4 of the Contract that has entered into a Contract with Western in accordance with section 105 (a) (1) (B) of the Hoover Power Plant Act of 1984, as amended by the Hoover Power Allocation Act of2011, and the Conformed Criteria. 5.38. schedule D Contractor: An entity listed in Attachment No. 4 of the Contract that has entered into a Contract with Western in accordance with section 2(d) of the Hoover Power Allocation Act of 201 t and the Conformed Criteria. 5.39. Technical Review Committee `L&C.).: A subcommittee of the E&OC established pursuant to section 8 herein. 5.40. Transitional Items: financial obligations of the BCP funded by the schedule A and Schedule B Contractors prior to October 1, 2017, which have not been expensed as of that date. Transitional Items also include sequestered funds as described in section 16 herein, which are unavailable to spend as of October 1, 2017. 5.41. Treasur : The United states Treasury. 5.42. Tribal Corrtractor(s): Any Contractor that is a Federally Recognized Indian Tribe, or an entity, enterprise, or authority of a Federally Recognized Indian Tribes) that is formed by such a tribe(s) to lawfully use the Contractor's Allocation. 5.43. Visitor facilities: The facilities at the BCP that contribute to the safety, education, and quality of'recreation and tourism opportunities for Hoover Darn visitors. The facilities include, but are not limited to, the historic exhibit building, the multi story parking structure, tour galleries, visitor center, exhibits, spillway building, and viewing platform at the Hoover Dam facilities. 5.44. Visitor Related Revenues: Revenues collected by Reclamation from fees established by Reclamation for public use of the Visitor Facilities including, but not limited to, fees for parking, entrance, tours and exhibits, and other visitor related revenues including, but not limited to sales of photographs and memorabilia. Page 9 of 91 5.45. Korkin CapLi(gl: Funds advanced by the Contractors to meet BCP cash flow needs. Stich funds will be adjusted, if needed, through the Annual Revenue Requirement in accordance with section 15 and Attachment 3.IA herein.. 6. RE-LATIONSHIP TO THE CONTRACTS: The Contracts and this Restated Agreement shall be interpreted and inhplementcd together. In the event of any conflict or inconsistency between the Contracts and this Restated Agreement, l:he Contracts shall control. 7. COMMITTEES: 7.1. Reclamation, Western, and the Contractors have formed the Coordinating Committee, the E&O , and the I'RC (Committees)to facilitate the exchange of information in a manner that promotes enhanced collaboration, communication, and transparency in order to seek consensus among the Parties regarding funding and management of the 1BCP. 7.2. The Committees will share information and provide an avenue for Contractor input so that capacity and energy charges for the RCP shall be at the lowest possible cost consistent with applicable laws, statutes, regulations, and sound business principles. 7.3. The Parties shall appoint a Representative(s) for the Committees by the effective date of the Restated Agreement. The Representatives are referenced in Attachment 1.IA, and will be reviewed annually by the Parties to this Restated Agreement. The designated Representatives shall be authorized to make decisions and commitments with regard to the issues being considered by the Committees. Changes to a designated Representative shall be communicated to the Chairperson of the appropriate Committee in writing at least fifteen (15) business days prior to the next committee meeting. Any person who is not a Representative will not act as a Representative. A minimum of five (5) business days advance notice to the Chairperson is requested for all guest attendance. Reclamation's Representative for each committee shall be the Chairperson. Page 1.0 of 91 7A. Representatives array participate in Comanittee meetings either in person or :remotely, using available electronic methods. A Committee Representative may represent and act for one (1) or more non-participating Coritraclor(s), provided that the .non-participating Contractor(s) provides prior written notice of such representation to the Committee Chairperson at least five (5) business days prior to the meeting in which the Contractor is unable to participate. 7.5, The Chairperson shall provide an agenda for all Committee meetings to each Committee Representative at least ten (10) business days prior to the scheduled meeting date. Each meeting notice shall include art agenda and a list of all action items to be addressed, including any proposed resolutions. Meeting locations shall be designated by the Chairperson. 7.6. Minutes for the Coordinating Committee and the E&®C shall be prepared by Reclamation and copies thereof shall be transmitted to each Comanittee Representative within twenty (20) business days, and Reclamation shall allow at least five (5) business days between transmittal of the minutes and the Area Manager making a decision under section 9 herein. Minutes shall be finalized at the following meeting. A report for the TRC shall be prepared by the Contractor Representatives of the TRC and copies thereof shall be transmitted to the E&OC Representatives. 7.7. Nothing in this section 7 shall limit the United States or Federally Recognized Indian Tribes and Tribal Contractors which are signatories to this Restated Agreement from conducting government-to-government consultations and communications at any time, as stated in section 27 herein. �. BODES AND RESPONSIBILITIES OF THE COORDINATING COMMITTEE ENGINEERING & OPERATING COMMITTEE, AND TECHNICAL, REVIEW COMMITTEE: Page 11 of 91 8.1. Coordinating—ommittee: The Coordinating Committee shall consist of persons from each of the Patties designated to act as Representatives. 8.1.1. General Functions: The function of the Coordinating Committee is to resolve issues, disputes, or disagreements arising from the actions of the E&OC, TRC, or any other subcommittee. 8.1.2. Formal Decision-NlaI in Proccsq: In the event consensus is not achieved, the Coordinating Committee Representatives may participate in the formal decision-malting process as provided in section 9 of this Restated Agreement. 8.1.3. Meetings: The Coordinating Committee shall meet at the call of the Coordinating Committee Chairperson or upon the written request of two (2) or more Coordinating Committee Representatives. 8.2. Engineering & Operating Committee: The E&OC is a subcommittee of the Coordinating Committee. The E&OC is intended to consist of program managers. €3.2.1. General Functions: The Function of the E&OC is to share information and communicate the RCP's budget, projects, and OM&R status, provide an avenue for Contractor input, and facilitate implementation of the Contracts and this Restated Agreement. 8.2.1.1. The E&OC may establish subcommittees to address specific issue(s) and report back to the E&OC. 8.2.1.2. The E&OC shall perform such other functions as directed by the Chairperson or Coordinating Committee. 8.2.2. Formal Decision-Malting Process: In the event consensus is not achieved, the E&OC Representatives may participate in the formal decision-making process as provided in Section 9 of this Restated Agreement. Page 12 of 91 8.2.3. h/leetings: The E&OC shall meet at least three (3) times a year, unless otherwise agreed to by the E&OC Representatives, with prior notice provided by the E&OC Chairperson to the E&OC Representatives. 'The E&OC Chairperson may schedule additional E&OC meetings as necessary. If an issue occurs outside of an E&OC meeting, a special meeting may be requested to address the issue. 8.2.3,:1. Agenda items for the next .E&OC meeting shall be submitted to the Chairperson at least fifteen (15) business days prior to the meeting by any E&OC Representative. Reclamation and Western shall use their best efforts to present supporting documents and studies. 8.2.3.2. The E&OC may consider, discuss, and comment upon all platters presented to it. A Contractor's Representative may present issues, comments, or concerns in writing to the E&OC Chairperson at any time for inclusion on-the agenda for the next E&OC meeting. The E&OC Chairperson may also present matters to the E&OC on behalf of Reclamation or• Western, including proposed actions or recormendations. 8.2.3.3. The E&OC may appoint subcommittees to consider any matter before the E&OC and to make recommendations to the E&OC. 8.2.4. Outages: Reclamation shall provide the Hoover Dam 17a1V1orrth Operating Schedule on a monthly basis to the Representatives of the E&OC. 8.2.5. Resolutions: When clarification or implementing provisions of the Restated Agreement are necessary, the E&OC Representatives or a subcommittee may draft resolutions, and such resolutions shall become effective when approved by the MOC Representatives. Page 13 of 91 i 8,3. Technical Review Committee: The TRC is a subcommittee of the E&OC. The TRC is intended to consist of persons with engineering, operating, or other technical capabilities. 9.3.1. General Functions: The function of the TRC is to review, discuss, and make recommendations regarding the ;MCP Ten Year Operating Plan. 8.3.2. Meetius: The TRC shall meet annually in September, unless otherwise agreed to by the TRC .Representatives with prior notice provided by the E&OC Chairperson to the "TRC Representatives. The main purpose of the annual meeting is to present the background for, and answer questions relating to, the preliminary BCP Ten Year Operating flan. 8.3.2.1. Following the annual "TRC meeting, the Contractor Representatives of the TRC shall review and prepare a report of recommendations for the E&OC on the preliminary SCP "Ten Year Operating Plan. 8.4. General Provisions applicable to all Committees: 8.4.1. The recommendations of the Committees shall not lit-nit or impair any Party's .eights or obligations as provided by their respective Contracts, or as provided by applicable laws, statutes, or regulations. 9.4.2. Reclamation or Western shall forward issues or concerns raised by Contractors which are outside the scope of this Restated Agreement or the Contracts to the appropriate authorities. 8.4.3. Nothing in this section 8 shall authorize any of the Committees to amend or modify this Restated Agreement or the Contracts. 8.4.4. Nothing in this section 8 is intended to restrict, modify, or waive any provision of section 20 of the Contracts (Disputes). 8.4.5. Nothing in this section 8 shall limit the United States or Federally Recognized Indian Tribes and"Tribal Contractors which are signatories to Page 14 of 91 this Restated Agreement fronh. conducting governrnen(Ao--government consultations and communications at any time, as stated in section 27 herein. .5, Wen-Year_Plarnning Process: 8,5.1. Reclamation and Western, in coordination with the MOC and the "I'RC, shall conduct an annual planning process to provide to the Contractors: a) information, including but not limited to plans for the on--going operation, safety, and security of the LC'P; b) information regarding plans for the integrated operation with the Parker.-Davis Project and the financial impact of such integration on the hoover Dam facilities; c) the opportunity to submit input into the OM&R of the Hoover Powerplant prior to the expenditures of significant funds; d) assurance that the Hoover Darn Facilities are being operated as efficiently and effectively as possible; and e) a mechanism to link the budget, Annual Revenue Requirement, Lase Charge, and rate and ten-year planning processes, 8.5.2. The product of the annual planning process will be a preliminary and final LCP Ten Year Operating Plan.. The Parties intend that the annual planning process be completed in advance of the budget finalization, Annual revenue Requirement and Lase Charge development, and rate making process so that the E&OC and the TRC will have the ability to constructively comment during the preparation of the F3C'P Teri dear Operating flan. 8.5.3. Reclamation and Western shall take into consideration the budget, n hydrology, and generation contained i the most current final LCP Ten Year Operating flan during the development of all budgetary documents, Annual Page 15 of 91 revenue requirement and Base Charges, and rate analysis prepared by Western or Reclamation. 8.5A. Attachment UA shall serve as the guideline for the BCP Ten Year Operating Flan. The form of the BCP Ten Year Operating Plan may be modified and adjusted by reclamation and Western in coordination with the E&OC. 8.5.5. Western and reclamation shall utilize the most current inIburnation available in developing the PrS, Each year, in conjunction with the ten�- year planning process, reclamation will determine the total costs to be recovered in the upcoming year and submit those costs to Western for inclusion in the Pry for purposes of calculating the Base Charge. The data developed in accordance with the ten-year planning process shall be used in the PrS, unless prior to the distribution of the PrS to the Contractors more current data is communicated to and reviewed with the Contractors. 8.6. Annual revenue requirement Analysis: Each year, Western and Reclamation shall present the analysis of the Annual revenue requirement and proposed Base Charges. 8.7. Early Participation: From October 1, 2016, through September 30, 2017, the Schedule D Contractors' participation in Committees is limited to business related to FiscalYear 2018 and beyond. 9. FORMAL DECISION-MAKING PROCESS: The formal decision-making process will be used when consensus is not achieved related to any matter that has been or may be submitted to the MOC for consideration as provided in subsection 8.2.3.2 herein. Proposed decisions by the Area Manager relating to contingency planning under section 10 herein are subject to the formal decision-making process described in this section 9. Page 16 of 91 9.1. The formal decision-malting process begins with the E&OC, The fortnal decision-. malting process will typically be concluded within seventy--five (75) days. The .following steps will be used during the formal decision-malting process: 9.1,1. E&OC: When the Area Manager proposes to make a decision taping action on a matter that is subject to this section 9, the matter will be included on the agenda of the next E&OC meeting. During the .E&OC&OC meeting, Reclarrtation and Western will solicit discussion and comments concerning proposed action(s) on the matter from those E&O(:' Representatives who participate in the E&OC meeting either in person or remotely, using available electronic methods. An E&OC Representative may represent and act for one (1) or more non-participating Contractor(s), provided that the non participating Contractor(s) provides prior written notice of such representation to the E&OC Chairperson at tease five (5) business days prior to the meeting in which..the Contractor is unable to participate. The E&OC will exercise all reasonable efforts to unanimously agree on actions proposed by declamation or Western during an E&OC meeting. If objections are raised at the E&OC meeting, the E&OC Chairperson or any participating E&OC Representative may call for each Representative to state their position on Reclamation's or Western's proposed action(s). Those E&OC Representatives participating in the meeting, or a designated Representative who has been appointed by written notice to the E&OC Chairperson, will state their position(s). The E&OC Chairperson or his/her designee will document the position for each Representative as advisory information to show which E&OC representatives support or oppose the proposed action(s). Once the position of each participating Representative has been documented, any Representative may verbally request, dewing the Page 17 of 91 sleeting, a written decision from the .Area Manager concerning the proposed action(s). Additionally, any Representative who participated in the E&OC meeting, or Contractor who was represented at the meeting, may request a written decision from the Area Manager by submitting a written request to the Area Manager with a copy to all of the E&OC Representatives. If no request for a written decision is requested, no further- action is required. If there are no objections, Rcclamation and Western shall be deemed to have the support o.Cthe .E&OC to pursue the proposed action(s). 9.1.2. Area Manager's WrittenDecision: If a written decision is requested during or after the .E&OC meeting, within ten (10) -business days of receipt of'the request, the area Manager, in concurrence with Western as appropriate, will issue a written decision to the E&®C Representatives after considering the position of each E&OC Representative, as documented in the minutes of the applicable meeting, and additional information provided by interested Contractors. 9.1.3. Coordinating Committee: The Representatives of two (2) or more of the Contractors may request that the Area Manager's decision be reviewed by the Coordinating Committee. Such a request shall be made in writing to the Coordinating Committee Chairperson and the Area Manager with a copy to the E&OC and Coordinating Committee Representatives, within five (3) business days of the date of the receipt of the Area Manager's decision. The Coordinating Committee Chairperson shall establish a date for the Coordinating Committee to meet within fifteen (1 5) business days after the Coordinating Committee Chairperson's receipt of the required notice. A written request to convene the Coordinating Committee shall include an Page 18 of 91 explanation of the basis for opposing the Area Manager's decision, and offer a proposal foi- advancing an alternate position. 9.1.3.1. Either or both reclamation andWestern will present the rationale supporting;the Area Manager's decision and solicit comment from those Coordinating Committee Representatives, who participate either in person or remotely, using; available electronic methods. A Coordinating; Committee Representative may represent and act .For one (1) or more nonparticipating Contractor(s) provided that the rion--participating Contractor(s)provides written notification of such representation to the Coordinating Committee Chairperson at least five (5) business days prior to the meeting in which the Contractor is unable to participate. The Representatives will have an opportunity to express their support or opposition to the area Manager's decision or present an alternate position. The Coordinating Committee will consider all positions and exercise reasonable efforts to unanimously agree on actions to be taken. The Coordinating Committee Chairperson or any participating Representative may call for each Representative to state their position on the proposed action(s) sustained by the Area Manager's decision or any alternate position presented by a participating Representative. Those Coordinating; Committee representatives participating in the meeting, or a designated Representative who has been appointed by written notice to the Coordinating Committee Chairperson, will state their position(s). The Coordinating; Committee Chairperson or his/her designee will document the position for each Representative as advisory information to show Rage 19 of 91 which Coordinating Committee Representatives support or oppose the original proposed action(s) sustained by the.Area Manager's decision or an alternate position(s) presented by Coordinating Con-zmittee Representatives. Once the position of- each participating Representative has been documented, any Representative may verbally request a written decision rom the Reclamation Deputy Regional Director, lower Colorado region (Deputy RD). Additionally, any Representative who participated in the Coordinating Committee meeting, or any Contractor who was represented at the meeting, may request a written decision from the Deputy RD by submitting a written request to the Deputy IUD with a copy to all of the Coordinating Committee Representatives. If no request for a written decision is requested, no further action is required. If there are no objections, Reclamation and Western shall be deemed to have the support of the Coordinating Committee to pursue the proposed action(s). 9.1.4. Det)uty RD's Witten Decision: If a written decision is requested during or after the Coordinating Committee meeting, within ten (10) business days of receipt of the request the Deputy RIB, in concurrence with Western as appropriate, will issue a written decision to the E&OC and Coordinating Committee Representatives after considering the position for each of the ]E&OC and Coordinating Committee representatives, as documented in the minutes of the applicable meetings. The Deputy RD shall consider: a) the Representatives' written requests for additional review; b) the position of each E&OC and Coordinating Committee Representative as documented in the minutes of the applicable Page 20 of 91 meetings and additional in-fort-nation provided by interested Contractors; c) the .Area Manager's decision; and d) applicable laws, statutes, regulations, and sound business principles. 9.1.5, ReRional Director's Invvolvernent: Two (2) or more Representatives who participated at the applicable Coordinating Committee meeting; or Contractor(s) who were represented at the meeting i_nay subrnit a written request for the Regional .Director to review the decision of the Deputy RD. Such notice requesting the Deputy RD's issued decision be reviewed shall be submitted to the regional Director, the Deputy RD, and the Coordinating Committee representatives, within five (5) business days of receipt of the Deputy RD's decision. The representatives' written request for the Regional Director's review shall include an explanation of the basis for opposing;the Deputy RD's decision, and offe• a proposal for advancing an alternate position. The regional Director, in concurrence with Western as appropriate, shall consider: a) the representatives' written requests :for additional review; b) the position of each representative as documented in the minutes of the applicable rneeting;s and additional :information provided by interested Contractors; c) the Area Manager's and Deputy RD's decision; and d) applicable laws, statutes, regulations, and sound business principles. 9.1.6. Re ig onal Director's Written Decision: The regional Director will issue a written decision to all the Committee Representatives within twenty (2.0) business days of the required notice. The decision rendered by the Regional Page 21 of 91 i Director shall only be reviewed, modified or overturned subject to the provisions identified in section 25 (Disputes) of this Restated Agreement. 9.1.7. No Early Action DurinRF'ormal Decision-Malting Process: Although nothing in this formal decision-making process shall prohibit Declamation from continuing operations of the Hoover Darn. Facilities, whenever possible Reclamation or Western will not proceed with an action(s) under review until a final decision to proceed, as proposed, is rendered pursuant to the formal decision-making process detailed in this section 9. Except as provided below, any action(s) subject to the formal decision-making process under this section 9 may not be submitted for dispute under section 25 of this Restated Agreement until the .Regional Director has issued a written decision in accordance with subsection 9,1.6 herein. In the event that a decision is not rendered by the Area Manager or Deputy RD within the timeframes established in this section 9, any Contractor may elevate a proposed action for additional review by the next higher decision-making official identified in this section 9. In the event the Regional Director does not issue a decision within the tirrieframe established in subsection 9.1.6 herein, any Contractor may elect to submit the matter for dispute under section 25 herein. 9.2. Emergeney Decisions: The formal decision-making process does not apply to actions that are required in response to emergency conditions which may adversely affect public safety, public health, property, or the operation of the BCP, as determined by the Area Manager. 9.3. clothing in this section 9 shall limit the United Mates or Federally Recognized Indian Tribes and Tribal Contractors which are signatories to this Restated Page 22 of 91 Agreement from conducting government-to-government consultations and comrxrunications at any time, as stated in section 27 herein. 10. CONTINGENCY PLANNING: 0.1. In an effort to address potential events that may have an adverse effect on the PCP, the Parties agree to engage in contingency planning if any of the following occurs: 10.1,1. Capacity Loss Below 1000MW: Hoover dam l 7-Month Operating Schedule reveals one (1) of the following capacity levels will be sustained: a) Level. l a Below 1000 MW for> 45 days; b) Level 2 - Below 950 MW for> 30 days; c) Level 3 - Below 700 MW for> 1 day. 10.1.2. force Majeure: The operation of the Hoover Darn facilities is significantly compromised by an act of Clod or of a public enemy, a major catastrophe, drought, or any other unforeseen and unavoidable cause, or an ":uncontrollable force," as defined in Provision 34 of the Western Area Power Administration General Power Contract Provisions, which are made part of the Contract and are attached thereto as exhibit E. 10.2. As a result of the above events, additional meetings may be requested by ally E&OC Representative or TRC Representative, as provided in subsection 8.2.3 of this Restated Agreement. The purpose of a meeting called under this subsection shall be for the Parties to meet, confer, and recommend appropriate action by any or all Parties, in connection with the operation of the Hoover Darn Facilities, which may include: a) Identifying;the full range of cost containment opportunities to mitigate adverse financial impacts to the Contractors due to loss of generation; b) Reviewing available hydrology data; i i Page 23 of 91 c) Evaluating the ability of Declamation to seek alternate statutorily authorized funding sources; and/or d) Evaluating other operational or adverse impacts to the RCP. 11. FUTURE ELECTRIC POWER 1D11JVELOPM1L,NT RELATED ' O HOOVER DAM FACILITIES: 11.1. New Ff ro ovve : Pursuant to the Boulder Canyon Project Act, Reclamation reserves the right to pursue all proposed hydropower developments at the Hoover Dam Facilities, unless such proposed hydropower developments would adversely impact the BCP. Reclamation and Western will meet and confer with any or all Contractor(s) to discuss the proposed hydropower development. Reclamation and Western will consider hydropower development proposals that involve the financial participation by all or some of the Contractors,provided that participation by fewer than all of the Contractors does not adversely impact the non-participating Contractors and provided that the proposal can be implemented as determined by Declamation and Western. The parameters of any proposed hydropower development will be determined by written agreement, and considered part of the Hoover Dam Facilities. 11.2. New Non-Hydropower;: Proposals for non-hydropower development at the Hoover Darn Facilities and appurtenant lands will be governed by applicable laws at the time such development proposals are made. Reclamation and Western will meet and confer with the Contractors to discuss any proposed non-hydropower development. Reclamation must determine that the non-hydropower development proposal is compatible with and does not adversely impact DCP purposes before it can proceed. 12. BILLING AND PAYMENT: Western shall bill and collect for all amounts in accordance with the Contracts, except for the amounts billed by Reclamation. Reclamation shall bill Page 24 of 91 and collect, in accordance with this Restated Agreement, for MSCP payments, Transitional Items, and Repayable Capital Investments, as provided in sections 1.3, 16, and 20 herein. Failure by a Contractor to submit payment on a timely basis will result in accrual of charges for interest, penalties, and administrative costs as provided by applicable law. 13. LOWER COLORADO RIVER MULTI-SPECIES CONSERVATION PROGRAM: Reclamation will issue bills for collection on a quarterly schedule to the Schedule D Contractors in California and the Tribal Contractors in Arizona and Nevada, for their proportionate shares of the MSCP funding schedule based on the MSCP cost share of the non-federal MSCP [Landing specified in Attachment 2.IA attached hereto. The bills will be sent out approximately thirty (30) days before the start of a Fiscal Year quarter, and are due on or before the first business day of the Fiscal Year quarter. The billing will begin in Fiscal Year 2018 with the first bill issued on September 1, 2017, due on October 1, 2017. After timely payment of the amount due, the Schedule D Contractor's MSCP payment obligation under section I 1 of the Contract will be satisfied. The amounts billed to Schedule D Contractors in California and the 'Tribal Contractors in Arizona and Nevada in accordance with this section shall be credited quarterly toward the respective MSCP cost share funding obligations of the California Permittees, Arizona Permittees, and Nevada Permittees as specified in section 8 of the Lower Colorado diver Multi-Species Conservation Program Funding and Management Agreement dated April. 4, 2005. Payment of amounts billed to Schedule D Contractors in California and the Tribal Contractors in Arizona and Nevada in accordance with this section shall not be deemed an obligation of any other Contractors or Permittees, either jointly or individually. 14. TREASURY PAYMENTS: The Annual Revenue Requirement includes principal and interest currently due to the Treasury. When sufficient funds are available to meet the requirements of the 13CP in accordance with the Contracts, Reclamation will pay principal on a monthly basis, or in the early part of the Fiscal Year as a lump sum, rather than at the Page 25 of 91 end of the year; provided, however, the annual principal payments over the term of the Contracts shall not exceed the cumulative principal payments that would be made under a level amortization schedule. Declamation shall report the timing and amorint of principal payments paid in the prior Fiscal Year at the first E&OC rneeting of each Fiscal Year. 15. WORKING CAPITAL: 15.1. The Working Capital advanced by the Contractors shall be used only to: bridge the time delay between the date of billing by Western for the Base Charge and the date of receipt by Reclamation of the resulting revenues; and assure that sufficient funds are available during each Fiscal Year to avoid deferral for work necessary to maintain the safe operation of the BCP and to meet required obligations. The Working Capital is available only to cover expenditures for those BCP uses included in the authorized budget of Reclamation or Western. 15.2. Working Capital calculations shall be based on the formula included in Attachment 3.IA. Declamation will prepare a Projected Dam Fund Balance, as described in Attachment 3.IA, by February 1 of each year. 15.3. Initial Workin Capital: The initial Working Capital required shall be calculated based on the lowest balance of the Projected Dam Fund balance and shall be included in the Annual Revenue Requirement. 15.3.1. Working Capital and unapplied carryover amounts due to Schedule A and Schedule B Contractors from the contract ending September 30, 2017, will be refunded or credited against monthly energy and capacity bills as available in FiscalYear 2018. 15.4. Annual Working Capital: The first Working Capital adjustment will occur in Fiscal Year 2018 to be available in Fiscal Year 2019 and thereafter the Working Capital may need to be adjusted based on the Projected Darn Fund Balance. Reclamation Page 26 of 91 and Western will work with the E&OC to deterl-nine the adjustrnent arnount and timing. Adjustments will be included in the Annual Revenue Requirement. 15.5. 1-,'Y 2068: The Working Capital balance shall be returr ed to the Contractors in Fiscal Year 2068 according to their proportionate sharer. The proportionate shares will be calculated by dividing; the Working Capital balance amount by two (2) and allocating to each Contractor based on each Contractor's percentage of contingent capacity and f rrn energy. 16. TRANSF-VION OF FA NANUA L OBLIGAT ONS: Reclalnation will bill Schedule D Contractors in California and the Tribal Contractors in Arizona and Nevada for their proportionate share of the financial obligations of the l3CP funded by the Schedule A and Schedule B Contractors prior to October 1., 2017, for which benefits have not been received as of'that date. :Reclamation will bill the Arizona Power Authority (APA) and the Colorado [liver Commission of Nevada(CRC) for the proportionate shares of Transitional Items for the Schedule D non-tribal entities in Arizona and Nevada, which have contracted for 13C'P electric service with. APA or CRC. The proportionate share to be billed shall be calculated by dividing the required total Transitional Item amount by two (2) and allocating to each Schedule O Contractor. Half'of the Transitional Items billed will be allocated based on each Schedule D Contractor's percentage of contingent capacity, and the other half will be allocated based on the Schedule D Contractors percentage of firm energy. The amounts billed under this section 16 will be returned prior to October 1, 2018, to the Schedule .A and Schedule B Contractors in proportion to their shares of the BCP under the prior contract. Financial obligations include the following itelxis: a) [Judelivered orders as of September 30, 2017. Undelivered orders are obligated funds for undelivered work; Page 27 of 91 b) Sequestered hands as of September 30, 2017. Sequestered funds are an unobligated cash balance set aside from the available funding based on ExeCutive Order [3589 in response to the Budget Control Act of 2011; c) Multi--year project handing as of September 30, 2017. Multi-year project funding is unobligated funds collected in prior years for work not completed in the fiscal Year budgeted, but needed in the following fiscal Year to continue work. 16.1. FY 2068: Collection and reimbursement of transitional items, at the end of the Contract terra, September 30, 2067, shall follow the procedure outlined in this section 16, substituting appropriate dates, and entities as .necessary, subject to applicable laws, regulations, and policies. 17. MULTI-PROJECT BENEFITS AND COSTS: Western develops procedures for multi project benefits and costs, which specify: the procedures to determine multi-project benefits and costs; calculation of the benefits and costs of integrated operation of the BCP with other federal projects; and allocation of such benefits and costs among other projects. Any reports, data, or analysis pertaining to BCP-related multi-projects benefits and costs provided to the contractors of other federal projects shall be .made available to the E&OC Representatives for review prior to inclusion of the multi-project benefits and costs in any PRS. The Multi-Project Written Procedures are included as Attachment 4.IA. 18. AUDITS: The Parties desire to establish procedures for audits of the financial records for the BCP. Western and Reclamation shall make available any and all audit reports that are completed pursuant to this section 18. It is the intent of the Parties that audits provided for in this Restated Agreement must follow the procedures outlined in this section 18. 18.1. Conduct of Audits: 18.1.1. All recommendations from audits conducted pursuant to this Restated Agreement shall be evaluated and reviewed by the E&OC, and those recommendations with which the E&OC Representatives unanimously Page 28 of 91 agree shall be implemented by Western or Reclamation, as applicable. 1f a recommendation will not be fully implemented, Reclamation and Western agree to provide a written explanation to the E&OC for discussion, and such explanation shall specify the reasons for anon-implementation. Any E&OC Representative may request a meeting, render the formal decision-. making process pursuant to section 9 herein,to discuss any audit recommendation which Reclamation or Western does not plan to inmplement. 19.1.2. All audits shall be conducted in accordance with the generally accepted auditing standards and other established standards or guidelines. 18.1.3. Audit reports produced as a result of audits of the BCP shall be made available to and reviewed with Reclamation and Western before finalization. Reclamation and Western shall receive copies of the .final audit report. 18.2. Periodic Audit: 19.2.1. The Contractors agree to lmave a periodic audit of teas BCP pe.rforrned by an independent auditor beginning Fiscal Year 2019 and every third year thereafter. This schedule may be modified by the E&OC. Audits scheduled for a period longer than three (3) years may not include all supporting documentation, as some records are retained for only three (3) years in accordance with federal document retention policies. The Parties shall mutually agree upon the specific date that periodic audits will commence. 18.2.2. The costs incurred to complete periodic audits and the administrative costs associated therewith shall be deemed an operation and maintenance expense for the BCP and shall be included in the BCP Ten Year Operating Page 29 of 91 Plan and the Annual Revenue Requirement. Each Contractor shall pay its proportionate share of the cost through the Annual Revenue Requirement. 19.2.3. The scope of the periodic audit is to review Reclamation's and Western's records to ensure the records are maintained in accordance with the Restated Agreement and the Contracts. The scope of the periodic audit may inch.ide cash balances, 'undelivered orders, carryover, repayable schedules, debt service, and allocated costs. I'he information for the periodic audit shall be limited to that available pursuant to section 28 of the Contracts. 18.2,4. Reclamation"s acquisitions and Assistance Management Division, Operations Branch in Denver, Colorado, or another Reclamation regional office, will solicit and award the contract for the periodic audit. The Reclamation contracting officer assigned with soliciting and awarding the contract for the periodic audit will appoint a Contracting Officer's Representative (COR) with the necessary audit expertise to function independently of Reclamation's Lower Colorado Region. The COR advises the Reclamation contracting officer with regard to all technical aspects of the contract requirements, including any technical issues that may arise during contract administration. 18.2.5. The Contractors may designate a small committee of representatives to participate in the contracting process in an advisory capacity. Such committee will review and comment on the written audit scope of work, the evaluation criteria, the independent cost estimate, and the proposals received from vendors. To ensure the final actual costs for the audit services are fair and reasonable, the Reclamation contracting officer will seek competing proposals for the contract for audit services from Page 30 of 91 participating; qualified vendors. The Reclamation contracting officer will make the final determination for the contract selection. 18.2.6. Reclamation and Western will provide documents to the independent auditor in accordance with all applicable laws, regulations, and federal document retention policies, 18.3. annual Chief Financial Officers Audits: Western and Reclamation are subject to an annual audit pursuant to the Chief Financial Officers Act of 990 (Public Law 101 576). The audit is conducted according; to generally accepted accounting principles and audit standards, reviews Reclamation's and Western's records to ensure they are maintained in compliance with applicable standards, laws, regulations, and procedures, and verifies that appropriate internal fiscal controls and procedures are in place. Such audits are authorized pursuant to section 28 of the Contract. Reclamation's audit is a subset of the Department of the Interior audit. 18.4. Other Audits: 18.4,1, Other audits -may be performed by the Contractors. If any Contractor(s) request(s) an audit, then all Contractors shall be provided the opportunity to participate in the audit. All audits shall be performed at the sole expense of the Contractors participating; therein, The auditor(s) shall have access for any purpose at all reasonable times to applicable portions of all books and records of Reclamation and Western relating;to transactions associated with the Contract. Prior to commencement of the audit, the participating Contractors shall have agreed to the details of conducting the audit. Such details may include, but shall not be limited to; a) the scope and work plan; b) whether the audit is to be conducted by an independent auditor or an audit team of the Contractors; Page 31 of 91 c) the identity of the independent auditors and the estimated costs thereof, or the identity of the audit team and the basis for the audit team's estimated charges; (1) how the costs and expenses of the audit shall be allocated among, and paid by, the Contractors participating in the audit; and c) distribution of the audit report. 18.4.2. The C;onaractors shall provide Reclamation and Western at least thirty (30) days advance written notice of intent to conduct an other audit, the audit scope, acid the proposed work plan. Reclamation, Western, and the Contractors shall mutually agree upon the date on which the other audit will commence, which shall be within ninety (90) days of such notice. 19. VISITOR FACILITIES: 19.1. Reclamation will perform OM&R activities to the Visitor Facilities as necessary in accordance with applicable safety, security, regulatory requirements, or other Declamation standards. 19.2. The cost of OM&R of the Visitor Facilities and related services shall be included in the ECP Ten Year Operating Plan and in the Annual Revenue Requirement. 19.3. Reclamation shall use its best efforts to establish, maintain, and maximize Visitor Related Revenues. The total amount of Visitor Related Revenues collected annually shall be deposited in the Colorado River Dam Fund. The revenue estimated to be available from Visitor belated Revenues shall be credited against the expenses estimated for the Annual Revenue Requirement. 19.4. Reclamation shall provide the E&OC an estimate of Visitor belated Revenues to be used in the PRS. 19.5. Reclamation shall at least annually review the Visitor Related Revenues at an E&OC and/or'CRC: meeting, including the existing fees, scheduled adjustments in Page 32 of 91 fees, actual and projected visitation, and total revenues from Visitor Related Revenues. 20, R1EPLACEI'V�EN'r AND REPAYABLE CAPITAL i1NVES'fMENTS: Replacements are expensed in full and documented as Replacement Capital Investments in the fiscal Year following the year the replacements were placed in service. '11te purpose of,ti.is section is to identify costs and benefits of capital investments'in future years. The Repayable Capital Investment is calculated as if the RCP utilized Readvances for replacements, amortized over a fifty (50) year period. The Increased Allocation Contractors, as defined in subsection 20.5.1 herein will pay their proportionate share of the difference between the amount the contractors paid and the amount that would have been paid by the contractors if the replacements were funded by Readvances amortized over fifty (50) years, as of October 1, 2017 or October 1, 2067. 20.1. Re ayable Advances: The term Repayable Capital Investments has the same meaning and replaces the defined term Repayable Advances as used in the Contract, and the term repayable advances as used in the Hoover rower Allocation Act of 2011 and the Conformed Criteria. 20.2. Readvances: Reclamation may request readvances from the Treasury for each Fiscal Year to cover all or some portion of the total cost of replacements required for the BCP pursuant to Section 5 of the .boulder Canyon Project Adjustment Act. It is recognized that budget priorities or constraints may prevent Reclamation frond requesting or obtaining such readvances. Those replacements funded with readvances shall be amortized and repaid pursuant to the ]boulder Canyon Project .Adjustment Act. 20.3. Replacements: 20.3.1, Replacements are defined as one (1) or more item of equipment, facility, structure, or system that is classified as a "replacement" in the most recent Page 33 of 91 final BCP "Teri. Year Operating Plan; or fits into one (1) or more of the following categories unless classified as an item of maintenance in the annual revision of the final BCP Ten Year Operating Plan. a) "Unit of Property/Plant Item Service Life" as described in Table 6 of the Department of Energy, the Department of the Interior, and the Department of Army, Blue Covered Manual entitled "REPLACEMENTS, 1JNITS, SERVICE LIMES, F'ACTORS", (hereafter called the "'Bluebook"); b) "Surnmary of Units of Property and Service Lives"' described in the Bluebook related table; and c) Any item covered by revisions to the documents described in a) and b) in this subsection. 20.3.2. In any Fiscal Year during the term of the contract in which the amounts required for replacements for the BCP are not funded by readvances from the Treasury, the amounts not funded by readvances shall be provided by revenues of the BCP pursuant to Section 1 of the Boulder Canyon Project Adjustment Act. Ninety-six (96) percent of'the sum of the multiyear and annual replacement amounts, together with interest during construction on those expenditures which are for replacement items not placed in service in the year such expenditures are made, shall be Replacement Capital Investments. The remaining four (4) percent of replacement expenditures shall not be included in the Replacement Capital Investments calculation because of the 50-year life cycle and/or repayment period. 20.3.3. Reclamation agrees that moderating the Annual Revenue Requirement and the rate impacts of year-to-year changes in OM&R costs is a relevant criterion for scheduling OM&R in accordance with the BCP Ten Year Page 34 of 91 Operating Plan, and agrees to manage such expenditures over the 'Contract term with the objective of avoiding excessive or precipitous annual increases in OM&R expenses. Such commitment notwithstanding, Reclannation shall schedule OM&R as necessary for the safe and reliable operation of the BCP. 20,4, Rc a ab1 capital bnvestmen �: eclarx, i shall, in consultation with Western and the Contractors, anrivally calculate the Repayable Capital Investments, in accordance with the tables in Attachment UA and the procedures in a) through d) of this subsection. Such calculations shall be completed by the end of the second month following the end of each Fiscal Year. The calculations shall: a) identify the replacements hs .rnulti•-year or annual as shown in Tables 1 through 3 of Attachment UA; b) identify the annual replacement Capital Investments, which are amortized for fifty (50) years as shown in Tables 4 and 5 of Attachment MA; c) identify the capital (principal) which the Treasury would have recovered annually and Cumulatively each Fiscal Year from October 1, 2017, if replacements funded through the Annual revenue Requirement had been funded by Readvances pursuant to Section 5 of the Boulder Canyon Project Adjustment Act and amortized on a lcvelized basis, as shown in Table 6 of' Attachment MA. For the calculation, the arnortization repayment period shall be fifty (50) years, beginning with the first (I") day of the Fiscal Year following the Fiscal Year in which the investment is placed in service. Interest rates incorporated in the calculation shall be determined in accordance with repayable interest rates as provided by Reclamation's Directives and Standards; and .Page 35 of 91 d) identify the annual and cumulative difference between items b) and c) of this subsection as shown in Table 7 of Attachment MA. The amount by which b) exceeds c) in this subsection shall constitute the amount of Repayable Capital Investments. 20.5, Recovery of Rqp t able Caul Investments: The calculation of payment obligations and the reimbursements due related to Repayable Capital Investments shall be in accordance with this subsection. 20.5,1. The value of"P" shall be calculated pursuant to subsection 20.5.2 herein for each Increased Allocation Contractor with a payment obligation (such "Increased Allocation Contractor" is a Contractor which receives an increase in the percentage of total BCP contingent capacity and/or firm energy after September 30, 2017, based on the percentage referenced in Attachment 5.IA and Attachment 6.IA). The value of"R" shall be calculated pursuant to subsection 20.5.3 herein for each Contractor with a reimbursement due. The cumulative value of P less the cumulative value of R calculated for all Contractors shall be equal to zero (0). 20.5.2. Responsibility for payment of Repayable Capital Investments shall be calculated :.for each Increased Allocation Contractor in accordance with the following formula: P = 0.5xRClx (C2 - C1) + 0.5xRCIx (E2 -- El) where: P = The portion of the Repayable Capital Investments to be paid by each Increased Allocation Contractor as defined in 20.5.1 herein. RCI= "The total amount of Repayable Capital Investments as of September 30, 2017, as illustrated in Table 7, Column 5 for Fiscal Year 2017, of Attachment TIA. Page 36 of 91 C1 = "flze Contractor's contingent capacity decimal percentage trorn .Appendix G of the 1995 Agreement as referenced in Attachment 6.1A. C2 The Contractor's contingent capacity decimal percentage from Attachment 5.IA. El = The Contractor's firth energy decimal percentage from .Appendix Cr of the 1995 Agreement as referenced in Attachment 6.1A. E2 = The Contractor's firm energy decimal percentage from Attachment 5.IA. 20.5.3. Entitlement to reimbursement for repayable Capital Investments shall be allocated to each Decreased Allocation Contractor (such "Decreased Allocation Contractor" is a Contractor which either receives no allocation of BCP contingent capacity and/or firm energy after September 30, 2017, or receives a decrease in the percentage of total P>CP contingent capacity and/or firm energy after September 30, 2017, based on the percentage referenced in Attachment 5.IA and Attachment 6.IA herein) in accordance with the following formula: r= 0.5 x rCI x (C 1 - C2) + 0.5 x rCI x (EI -- E2) where: r== 'The portion of the repayable Capital Investments to be reimbursed to each Decreased Allocation Contractor. The definitions for rCI through E2 are the same as above, relating to the formula for P, in subsection 20.5.2 herein. 20.5.4. Reclarnation will issue bills for collection to the Schedule D Contractors in California and the Tribal Contractors in Arizona and Nevada for their proportionate shares of the repayable Capital Investments, per subsection Page 37 of 91 20.5.2 herein. Reclamation will bill APA and CRC for the proportionate shares of the Repayable Capital Investments,per subsection 20.5.2 herein, for the Schedule _O non-tribal entities in Arizona and Nevada which have contracted for BCP electric service with APA or CRC. Amounts collected will be refunded to the "Decreased Allocation Contractors" 20.5.5. This process shall be conducted upon any new electric service contract or change in allocations of contingent capacity and/or firm energy in the future. 20.5.6, Repayable Capital Investments shall be reimbursed with interest to eligible Contractors, pursuant to subsection 20.5.3 herein, from the revenues collected by Western pursuant to subsection 20.5.2 herein. Reimbursements shall be made in no more than five (5) annual installments commencing on September 30, 2018, and each year thereafter, with interest calculated .from October 1, 2017. Such interest shall be compounded at the prime rate, as published in the Wall Street Journal, or such successor rate or publication which substitutes for the prime rate, on the last business day of' Fiscal Year 2017 less one (1) percent. 20.5.7. Reimbursement to "Decreased Allocation Contractors" will be paid by October 31 of each year for live (5) years, with the first payment beginning October 31, 2018. Payment will represent Repayable Capital Investments plus interest collected from the "Increased Allocation Contractors'.' for that particular year. 20.6. FY 2068: Collection and reimbursement of Repayable Capital Investments at the end of the Contract term, September 30, 2067, shall follow the procedure outlined in subsection 20.5 herein, substituting appropriate dates, Attachments, and entities as necessary, subject to applicable laws, regulations, and policies. Page 38 of91 20.7. pdual Treatment: If the United Mates shall impletnerrt funding of replacements on terms which are more favorable to a Contractor than the terms contained in this Restated Agreernent,the United States shall promptly make such terms available to all Contractors. 21. iC EltVIBURSEME(NI' OF' WORKING APIIALI�g PPAYABLUi,, C'APA M'LL INVESTMENTS� l�I iq 1;LE,CO11€C III I 'lI'�+,1 L1 ME,ALLOCA"l�'ION OF A CON R C ORIS ALLOCAAllON> 21.1. In the event that Western reallocates a Contractor's Allocation under section 16 of the Contract, each party corrtracting with Western for all or part of such reallocation shall, within ninety (90) days after the reallocation becomes effective, reimburse the relinquishing Contractor for the relinquishing Contractor's proportionate shlares of Working Capital, Repayable Capital Investments, and reconciling iterns, including but not limited to undelivered orders, sequestered amounts, and multi-year project funding, as of the last full month prior to the reallocation. The reimbursement will be in an amount proportionate to the portion of the reallocated Contractor's Allocation taken by such party, unless reimbursement for these items is waived by written notice to Western from the Contractor requesting the reallocation of their Contractor's Allocation. The total amounts of the relinquishing Contractor's proportionate shares of Working Capital, Repayable Capital Investments, and reconciling items shall be determined by Reclamation as of the last day of the calendar month immediately preceding the effective date of the reallocation under section 16 of the Contract. Reclamation shall determine the relinquishing Contractor's proportionate share of Working Capital in accordance with section 15 herein. Reclamation shall determine the relinquishing Contractor's proportionate share of reconciling items in accordance with current Reclanation and/or Department of the Interior standards. Rcclarnation shall determine the relinquishing Page 39 of 91 Contractor's proportionate share of Repayable Capital Investments in accordance with section 20 herein. 21.2. In the event a Contractor's Allocation is terminated by Western under section 17 of the Contract, the terminated Contractor shall not be entitled to rei.mburseme�ni for Working Capital, Repayable Capital Investments, and reconciling items, The terminated Contractor's proportionate shares of Working Capital, Repayable Capital Investments, and reconciling items shall be reallocated in the same manner as Western reallocates the terminated Contractor's Allocation under section 17 of the Contract. 21.3. Upon request by a Contractor, Reclamation shall identify the amount of the Contractor's estimated share of their current contributions for Working Capital, Repayable Capital Investments, and reconciling items, as of the last full month prior to the request. 22. APPLICABLE LAWS: Any reference in the Contract or this Restated Agreement, to any Federal act, statute, or regulation, shall be deemed to be a reference to such act, statute, or regulation and all amendments and supplements thereto .in existence on the date of execution of the Contract or this Restated Agreement, unless specifically noted otherwise; provided, that nothing in the Contract or this Restated Agreement is intended to limit the sovereign authority of Congress. The charges for electric service under the Contract are currently established to recover the costs and financial obligations associated with the BC'P as specified by law, In the event that a Change in Law materially impairs any right, benefit, or interest of a Contractor under the Contract or this Restated Agreement, or imposes any material increase in cost, or reduction in allocation of capacity or energy, or otherwise materially changes an obligation on a Contractor under the Contract or this Restated Agreement, the Parties shall promptly meet and discuss in good faith regarding possible changes to the Contract, or this Restated Agreement, to mitigate the impact of the Page 40 of 91 Change in Law. The eights and remedies under this section and section 24 of the Contract are cumulative and in addition to, not exclusive of or in substitution for, any other rights and remedies available under law or equity. 23. RESTATED AGREEMENT: Except as provided in section 31 herein, it is mutually understood and agreed that this Restated Agreement represents the complete agreement of the parties, and that no amendment, alteration or variation of the terrrrs, conditions, covenants, and obligations of this restated Agreement, shall be valid and binding unless made in writing and signed by the Parties hereto. 24. NOTICE: Any notice, demand, or request specifically required or permitted under this Restated Agreement to be in writing shall be deemed properly served, given, or made when delivered in person or sent by postage prepaid registered or certified mail, commercial delivery service, facsimile, electronic, prepaid telegram, or by other paeans with prior agreement of the Parties, to each Party's authorized representative at the principal offices of the Party. The designation of the person to be notified may be changed at any time by similar notice. Where facsimile or electronic :means are utilized for any communication covered herein, the sending Party shall keep a contemporaneous record of such communications, as objective proof of delivery. 25. DISPUTES: Any unresolved issues or any disputes arising out of this Restated Agreement shall be subject to section 20 of the Contract. Aside from the Tribal Contractor's limited waiver to submit to dispute resolution related to the Contracts or this Restated Agreement as described in subsections 20.3 and 20.4 of the Contract, nothing in this Restated Agreement, or in any current or future schedules, attachments, exhibits, amendments, or addenda, is intended to be or shall be construed as a waiver of any Tribal Contractor's sovereign immunity. 26. RELATIONSHIP OF PARTIES: The covenants, obligations, and liabilities of the Parties are intended to be separate and not joint or collective, and nothing herein contained Page 41 of 91 shall be construed to create an association,joint venture, trust, or partnership of the Parties. Each Party shall be individually responsible for its own covenants, obligations, and liabilities as herein provided. No Party shall be the agent of or have a right or power to bind any other Party or to waive any other Party's rights without such other Party's express written consent. Default in the performance of any obligation under this Restated Agreenent, or lack of capacity to enter into this Restated Agreezrtent, on the part of any Contractor shall not affect the performance of this Restated Agreement and tine enforceability thereof between the United States and each of the other Contractors. 27. fi'EDERAL/TRIBAL, CONTRACTOR CONSULTATIONS AND COMMUNICATIONS: Nothing in this Restated Agreement, including but not limited to sections 7, 9, and 9 herein, shall limit the United States or Federally Recognized Indian "Tribes and Tribal Contractors which are signatories to this Restated Agreement from conducting government-to-government consultations and communications at any time. 28. MODIFICATION AND WAIVER: Any modification, extension, or waiver of any provision or requirement of the Contract or this Restated Agreement granted for the benefit of Contractor in connection with electric service from the BCP shall not be denied to any other Contractor, provided that any Federal obligations due to the unique constitutional and political status of Federally Recognized Indian Tribes shall amain exclusive to Tribal Contractors. Any waiver at any time by any Party hereto of its rights with respect to a default or any other matter arising under or in connection with this Restated Agreement shall not be deemed to be a waiver with respect to any subsequent default or matter. 29. FFll ECT ®F SECTION HEADINGS: Other than definitions, section headings appearing in this Restated Agreement are inserted for convenience only, and shall not be considered as interpretation of text. 30, RESOLUTIONS: Resolutions adopted in accordance with subsection 8.2.5 herein will be attached and made part of this Restated Agreement. Page 42 of 91 31. EXHIBITS AND D ATTACHMENTS: Arty future exhibit(s), as well as Attachnicrrts IJA, through 10.1A, are incorporated by reference herein and shall be considered a part of this Restated Agreement. Any future exhibit(s) may be added or updated, front time to time by written consent of the Parties, which consent shall not be unreasonably withheld. Any future exhibit(s) shall be in force and effect until superseded by a subsequent exhibit executed by the Parties. Changes, additions, or modifications to the Attachments may be made by Reclamation and Western as appropriate, provided,that Declamation and Western shall provide to the Contractors written notice of, and an opportunity to comment on, any proposed changes, or addition of an Attachment, at least thirty (30) days prior to the effective date of such revised Attachment and at least ninety (90) days for an additional Attachment. Attachments shall be in force and effect until superseded by a subsequent Attaclunent. This section does not permit and shall not be interpreted to allow Reclamation or Western to distribute or issue any Attachment on a subject matter not addressed in an initial Attachment without the prior written consent of the Contractors. 32. SUCFCESS01 .OR ASSIGNEE: Any successor or assignee of the rights of any Party, whether by voluntary transfer,judicial or foreclosure sale or otherwise, shall be subject to all ttte provisions and conditions of the Contract and this Restated Agreement to the same extent as though such successor or assignee were the original Party under the Contract and this Restated Agreement, and the execution of a mortgage or trust deed, or judicial or foreclosure; sale made thereunder, shall not be deemed voluntary transfer within the meaning of this section. No assignment or transfer of any rights under the Contract and this Restated Agreement shall be effective unless and until the assignee or transferee agrees in writing to assume all of the obligations of the assignor or transferor and to be bound by all of the provisions and conditions of the Contract and this Restated Agreement. 33. EXECUTION BY COUNTERPART: This Restated Agreement may be executed in any number of counterparts and, upon execution and delivery by each .Party, the executed and Page 43 of 9:1 delivered counterparts together shall have the same force and effect as an original instrument as if all Parties had signed the same instrument. Any signature page of this Restated Agreement may be detached without impairing the legal effect of any signatures thereon, and .may be attached to another counterpart of this Restated Agreement identical in form hereto, by having attached to it one (l.) or more signature pages. 34. AUTHOIU Y TO EXECUTE: each individual signing this Restated Agreement certifies that the Party represented has duly authorized such individual to execute this Restated Agreement that binds and obligates the Party. [Remainder of Page Intentionally Blank] Page 44 of 91 The Parties agree this Restated Agreemmlt to the Contract has been executed by duly authorized representatives of the Contractors, Western, and Reclamation and is to be effective in accordance with section 4, herein. THE UNITED STATES OF AMERICA DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATfON D ate_ B y_ Jack D. Murray Title_ Mice President of Power Marketinm Address for Desert Southwest Region P.O. Box 6457 Phoenix, AZ 85005-6457 THE UNITED STATES OF AMERICA DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION Date_-- By__ Terrance J. Fulp, Ph.D. Title— Regional Director Address Bureau o P Reclamation Lower Colorado Region P.O. Box 61470 Boulder City, NCI 89006-1470 [Remainder of Page Intentionally Blank] Page 45 of 91 City of Vernon agrees this Restated Agreement to Contract No. 16-DSR-12650 has been executed by a duly authorized ropresentative of the Contractor and is to be effective in accordance with section 4, herein. (SEAL) CITY OF VERNON, CALIFORNIA ATTEST By -- — v_-_.--- Carlos .R. Fandino, Jr. Title Title Citv Administrator Cate Address . City of Vernon 4305 Santa Fe Avenue --- Vernon, CA 90058 [Remainder of Page Intentionally Blank] Page 70 of 91 City of Vernon agrees this Restated Agreement to Contract No. 16-DSR--12650 has been executed by a duly authorized representative of the Contractor and is to be effective in accordance with section 4, herein. (SEAT) CITY OF VERNON, CALIFORNIA ATTEST B y _. _ By_ Carlos-R. Fandino, Jr. Title_ _ Title __CitvAdministrator Tate address City of Vernon 4305 Santa Fe avenue Vernon, CA 90058 [Remainder of Page Intentionally Blank] Page 70 of 91 City of Version agrees this Restated Agreetxient to Contract No. 16-DSR-1.2650 has been executed by a duly authorized representative; of the Contractor and is to be effective in accordance with section 4, herein. (SEAL) CITY OF VERNON, CALIFORNIA ATTEST By-_ _— Carlos R. Fandino, Jr. Title Title City Administrator _ Date Address City of Vernon 4.305 Santa Fe Avenue Vernon, CA 90058 [Remainder of Page Intentionally Blank] Page 70 of 91 Attachment 1.IA to Amended and Restated Boulder Canyon Project Implementation Agreement (Restated Agreement) Agreement No. 95-PAO-10616 (Western) Agreement No. 5-CU-30-P1128 (Reclamation) ATTACHMENT LIA COMMITTEE REPRESENTATIVES 1 COORDINATING COMMITTEE REPRESENTATIVES PRIMARY ALTERNATES AGUA CALIENTE BAND OF CAHUILLA INDIANS Mr. Manuel Ruiz Mr.Todd Hooks Project Manager Director of Economic Development Agua Caliente Band of Cahuilla Indians Agua Caliente Band of Cahuilla Indians 5401 Dinah Shore Dr. 5401 Dinah Shore Dr. Palm Springs, CA 92264 Palm Springs, CA 92264 ANZA ELECTRIC COOPERATIVE, INC. ARIZONA POWER AUTHORITY Ms. Linda Sullivan Senior Rate Analyst Arizona Power Authority Arizona Power Authority 1810 W. Adams Street 1810 W. Adams Street Phoenix, AZ 85007-2697 Phoenix, AZ 85007-2697 AUGUSTINE BAND OF CAHUILLA INDIANS BISHOP PAIUTE TRIBE CABAZON BAND OF MISSION INDIANS CALIFORNIA DEPT. OF WATER RESOURCES 2 PRIMARY ALTERNATES CHEMEHUEVI INDIAN TRIBE CITY OF ANAHEIM, CALIFORNIA Mr. Elden Krause Mr.Tim Hammond Principal Integrated Resources Planner Senior Integrated Resources Planner Public Utilities Department Public Utilities Department City of Anaheim City of Anaheim 201 S. Anaheim Blvd, Suite 802 201 S. Anaheim Blvd, Suite 802 Anaheim, CA 92805 Anaheim, CA 92805 CITY OF AZUSA, CALIFORNIA Mr. George Morrow Mr. Steven Homer Integrated Resource Planning Manager Project Administrator Azusa Light& Power Department Southern California Public Power Authority City of Azusa 225 S. Lake Avenue, #1250 P.O. Box 9500 Pasadena, CA 91101 Azusa, CA 91702-9500 CITY OF BANNING, CALIFORNIA Mr. Fred Mason Mr. Steven Homer Power Resource & Revenue Administrator Project Administrator City of Banning Southern California Public Power Authority 177 East Lincoln Street 225 S. Lake Avenue, #1250 P.O. Box 998 Pasadena, CA 91101 Banning, CA 92220 Mr. Bill D. Carnahan Southern California Public Power Authority 222 S. Lake Avenue, #1250 Pasadena, CA 91101 CITY OF BOULDER CITY, NEVADA Mr. Rory Dwyer Mr. Scott Hansen Electric Utility Administrator Public Works Director City of Boulder City City of Boulder City P.O. Box 61350 P.O. Box 61350 Boulder City, NV 89006-1350 Boulder City, NV 89006-1350 CITY OF BURBANK, CALIFORNIA Mr. Lincoln Bleveans Mr. Himanshu Pandey Manager Power Resource Section Principal Electrical Engineer Burbank Water and Power Burbank Water and Power 164 W. Magnolia Blvd 164 W. Magnolia Blvd Burbank, CA 91503-0631 Burbank, CA 91503 3 PRIMARY ALTERNATES CITY OF CERRITOS, CALIFORNIA CITY OF COLTON, CALIFORNIA Mr. Amer Jaker Ms. Peggy Keigler Electric Utility Director (TITLE) Utility Department Utility Department City of Colton City of Colton 650 N. LaCadena Drive 650 N. LaCadena Drive Colton, CA 92324 Colton, CA 92324 CITY OF CORONA, CALIFORNIA CITY OF GLENDALE, CALIFORNIA Mr. Stephen M.Zurn Mr. Ramon Abueg General Manager—GWP Chief Assistant General Manager—GWP City of Glendale Water& Power City of Glendale Water& Power 141 N. Glendale Avenue, Level 4 141 N. Glendale Avenue, Level 4 Glendale, CA 91206-4496 Glendale, CA 91206-4496 CITY OF LOS ANGELES, CALIFORNIA Mr. Minh Le Mr. Sam Mannan Power Engineering Manager External Generation Project— Los Angeles Department of Water and Power Renewables/PV/NGS/MGS/Coal Supply/Hoover P.O. Box 51111, Room 1255 Power and Fuel Purchase Division Los Angeles, CA 90051-0100 Los Angeles Department of Water and Power P.O. Box 51111, Room 1263 Los Angeles, CA 90051-0100 CITY OF PASADENA, CALIFORNIA Ms. Phyllis Currie Mr. Eric R. Klinkner General Manager Assistant General Manager of Power Supply City of Pasadena City of Pasadena 150 S. Los Robles Avenue, Suite 200 150 S. Los Robles Avenue, Suite 200 Pasadena, CA 91101-2437 Pasadena, CA 91101-2437 CITY OF RANCHO CUCAMONGA, CALIFORNIA Fred Lyn Utilities Division Manager City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 4 n PRIMARY ALTERNATES CITY OF RIVERSIDE, CALIFORNIA Ms. Reiko Kerr Mr. Bob Tang City of Riverside City of Riverside 3435 14th Street 3435 14th Street Riverside, CA 92501 Riverside, CA 92501 Mr. Martin Ochotorena City of Riverside 3435 14th Street Riverside, CA 92501 CITY OF VERNON, CALIFORNIA Mr. Carlos Fandino Mr.Abraham Alemu Director Resource Engineer City of Vernon City of Vernon Light& Power Department Light& Power Department 4305 Santa Fe Avenue 4305 Santa Fe Avenue Vernon, CA 90058 Vernon, CA 90058 CITY OF VICTORVILLE, CALIFORNIA Keith C Metzler Assistant City Manager City of Victorville P.O. Box 5001 Victorville, CA 92393-5001 COLORADO RIVER COMMISSION (CRC) Ms.Jayne Harkins Mr. Craig Pyper Executive Director Hydropower Program Manager Colorado River Commission of Nevada Colorado River Commission of Nevada 555 E. Washington Ave., Suite 3100 555 E. Washington Ave., Suite 3100 Las Vegas, NV 89101 Las Vegas, NV 89101 FORT MCDOWELL YAVAPAI NATION GILA RIVER INDIAN COMMUNITY HUALAPAI INDIAN TRIBE 5 PRIMARY ALTERNATES IMPERIAL IRRIGATION DISTRICT Mr. Peter Garris Ms. Raquel Pena Deputy Energy Manager Superintendent, Strategic Business Dev. Imperial Irrigation District Imperial Irrigation District 333 E. Barioni Blvd 333 E Barioni Blvd Imperial, CA 92251-1773 Imperial, CA 92251-1773 Mr.Arcadio Magana Superintendent General, Trading Floor Imperial Irrigation District 333 E. Barioni Blvd Imperial, CA 92251-1773 Mr. Mike Taylor Manager, Energy Dept. Asst. Imperial Irrigation District 333 E. Barioni Blvd Imperia, CA 92251-1773 KAIBAB BAND OF PAIUTE INDIANS LAS VEGAS PAIUTE TRIBE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Mr. Jon C. Lambeck Ms. Ann T. Finley Manager of Power Operations and Planning Principal Engineer The Metropolitan Water District of Southern The Metropolitan Water District of Southern California California P.O. Box 54153, P.O. Box 54153, Los Angeles, CA 90054-0153 Los Angeles, CA 90054-0153 700 North Alameda Street, Room 2-520 700 North Alameda Street, Room 2-520 Los Angeles, CA 90012-2607 Los Angeles, CA 90012-2607 MORONGO BAND OF MISSION INDIANS 6 PRIMARY ALTERNATES NAVAJO TRIBAL UTILITY AUTHORITY PASCUA YAQUI TRIBE PECHANGA BAND OF LUISENO MISSION INDIANS SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY SAN DIEGO COUNTY WATER AUTHORITY SAN LUIS REY RIVER INDIAN WATER AUTHORITY SAN MANUEL BAND OF MISSION INDIANS i 7 PRIMARY ALTERNATES SOUTHERN CALIFORNIA EDISON Mr.James A. Buerkle Ms. Marci Palmstrom Director Contracts Management Manager of Power Contracts Southern California Edison Company Southern California Edison Company 2244 Walnut Grove Avenue 2244 Walnut Grove Avenue Rosemead, CA 91770-3714 Rosemead, CA 91770-3714 Mr. Scott Wiedermann Energy Contracts Manager Southern California Edison Company 2244 Walnut Grove Avenue, Quad 1C-166P Rosemead, CA 91770-3714 SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY(SCPPA) Ms. Katherine Ellis Southern California Public Power Authority 225 S. Lake Avenue, #1250 Pasadena, CA 91101 Mr. Steve Homer Southern California Public Power Authority 225 S. Lake Avenue, #1250 Pasadena, CA 91101 TIMBISHA SHOSHONE TRIBE TOHONO O'ODHAM NATION Mr. Mike Bethurem Mr. Darrold Hobbs General Manager Electric Operations Manager Tohono O'odham Utility Authority Tohono O'odham Utility Authority P.O. Box 816 P.O. Box 816 Sells, AZ 85634-0816 Sells, AZ 85634-0816 TONTO APACHE TRIBE TORRES MARTINEZ DESERT CAHUILLA INDIANS 8 PRIMARY ALTERNATES TWENTY-NINE PALMS BAND OF MISSION INDIANS VIEJAS BAND OF KUMEYAAY INDIANS WESTERN AREA POWER ADMINISTRATION Mr. Ronald E. Moulton Mr. Jack D. Murray Senior Vice President and Vice President of Power Marketing for Desert Southwest Region Regional Manager Desert Southwest Region Western Area Power Administration Western Area Power Administration P.O. Box 6457 P.O. Box 6457 Phoenix, AZ 85005-6457 Phoenix, AZ 85005-6457 9 i ENGINEERING & OPERATING COMMITTEE REPRESENTATIVES PRIMARY ALTERNATES AGUA CALIENTE BAND OF CAHUILLA INDIANS Mr. Manuel Ruiz Mr.Todd Hooks Project Manager Director of Economic Development Agua Caliente Band of Cahuilla Indians Agua Caliente Band of Cahuilla Indians 5401 Dinah Shore Dr. 5401 Dinah Shore Dr. Palm Springs, CA 92264 Palm Springs, CA 92264 ANZA ELECTRIC COOPERATIVE, INC. ARIZONA POWER AUTHORITY Ms. Linda Sullivan Senior Rate Analyst Arizona Power Authority Arizona Power Authority 1810 W. Adams Street 1810 W. Adams Street Phoenix, AZ 85007-2697 Phoenix, AZ 85007-2697 AUGUSTINE BAND OF CAHUILLA INDIANS BISHOP PAIUTE TRIBE CABAZON BAND OF MISSION INDIANS CALIFORNIA DEPT. OF WATER RESOURCES 10 PRIMARY ALTERNATES CHEMEHUEVI INDIAN TRIBE CITY OF ANAHEIM, CALIFORNIA Mr. Elden Krause Mr.Tim Hammond Integrated Resources Planner Senior Integrated Resources Planner Public Utilities Department Public Utilities Department City of Anaheim City of Anaheim 201 S. Anaheim Blvd, Suite 802 201 S. Anaheim Blvd, Suite 802 Anaheim, CA 92805 Anaheim, CA 92805 CITY OF AZUSA, CALIFORNIA Mr. George Morrow Integrated Resource Planning Manager Azusa Light& Power Department City of Azusa P.O. Box 9500 Azusa, CA 91702-9500 CITY OF BANNING, CALIFORNIA Mr. Fred Mason Ms. Katherine Ellis Power Resource & Revenue Administrator Southern California Public Power Authority City of Banning 225 S. Lake Avenue, #1250 177 East Lincoln Street Pasadena, CA 91101 P.O. Box 998 Banning, CA 92220 Mr. Bill D. Carnahan Southern California Public Power Authority 222 S. Lake Avenue, #1250 Pasadena, CA 91101 CITY OF BOULDER CITY, NEVADA Mr. Rory Dwyer Mr. Scott Hansen Electric Utility Administrator Public Works Director City of Boulder City City of Boulder City P.O. Box 61350 P.O. Box 61350 Boulder City, NV 89006-1350 Boulder City, NV 89006-1350 CITY OF BURBANK, CALIFORNIA Mr. Lincoln Bleveans Mr. Himanshu Pandey Manager Power Resource Section Principal Electrical Engineer Burbank Water and Power Burbank Water and Power 164 W. Magnolia Blvd 164 W. Magnolia Blvd Burbank, CA 91503-0631 Burbank, CA 91503 11 PRIMARY ALTERNATES CITY OF CERRITOS, CALIFORNIA CITY OF COLTON, CALIFORNIA Mr. David Kolk Ms. Rebecca Gallegos City of Colton City of Colton 650 N. LaCadena Drive 650 N. LaCadena Drive Colton, CA 92324 Colton, CA 92324 CITY OF CORONA, CALIFORNIA CITY OF GLENDALE, CALIFORNIA Mr. Ramon Abueg Mr.Varoojan Avedian Chief Assistant General Manager—GWP City of Glendale Water& Power City of Glendale Water& Power 141 N. Glendale Avenue, Level 4 141 N. Glendale Avenue, Level 4 Glendale, CA 91206-4496 Glendale, CA 91206-4496 CITY OF LOS ANGELES, CALIFORNIA Mr. Sam Mannan Mr. Omar Torres External Generation Project— Los Angeles Department of Water and Power Renewables/PV/NGS/MGS/Coal Supply/Hoover 111 N. Hope St, Room 1250 Power and Fuel Purchase Division Los Angeles, CA 90012-2607 Los Angeles Department of Water and Power 111 N. Hope St, Room 1263 Los Angeles, CA 90012-2607 CITY OF PASADENA, CALIFORNIA Ms. Phyllis Currie Mr. Eric R. Klinkner General Manager Assistant General Manager of Power Supply City of Pasadena City of Pasadena 150 S. Los Robles Avenue, Suite 200 150 S. Los Robles Avenue, Suite 200 Pasadena, CA 91 1 01-2437 Pasadena, CA 91101-2437 CITY OF RANCHO CUCAMONGA, CALIFORNIA Fred Lyn Utilities Division Manager City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 12 PRIMARY ALTERNATES CITY OF RIVERSIDE, CALIFORNIA Mr.Jarod Mayne Mr. Roy Xu City of Riverside City of Riverside 3435 14th Street 3435 14th Street Riverside, CA 92501 Riverside, CA 92501 Mr. Andrew Park City of Riverside 3435 14th Street Riverside, CA 92501 CITY OF VERNON, CALIFORNIA Mr. Carlos Fandino Mr.Abraham Alemu Director Resource Engineer City of Vernon City of Vernon Light& Power Department Light& Power Department 4305 Santa Fe Avenue 4305 Santa Fe Avenue Vernon, CA 90058 Vernon, CA 90058 CITY OF VICTORVILLE, CALIFORNIA Keith C Metzler Assistant City Manager City of Victorville P.O. Box 5001 Victorville, CA 92393-5001 COLORADO RIVER COMMISSION (CRC) Ms.Jayne Harkins Mr. Craig Pyper Executive Director Hydropower Program Manager Colorado River Commission of Nevada Colorado River Commission of Nevada 555 E. Washington Ave., Suite 3100 555 E. Washington Ave., Suite 3100 Las Vegas, NV 89101 Las Vegas, NV 89101 FORT MCDOWELL YAVAPAI NATION GILA RIVER INDIAN COMMUNITY HUALAPAI INDIAN TRIBE 13 PRIMARY ALTERNATES IMPERIAL IRRIGATION DISTRICT Mr. Peter Garris Ms. Raquel Pena Deputy Energy Manager Superintendent, Strategic Business Dev. Imperial Irrigation District Imperial Irrigation District 333 E. Barioni Blvd 333 E. Barioni Blvd Imperial, CA 92251-1773 Imperial, CA 92251-1773 Mr. Arcadio Magana Superintendent General, Trading Floor Imperial Irrigation District 333 E. Barioni Blvd Imperial, CA 92251-1773 Mr. Mike Taylor Manager, Energy Dept. Asst. Imperial Irrigation District 333 E. Barioni Blvd Imperial, CA 92251-1773 KAIBAB BAND OF PAIUTE INDIANS LAS VEGAS PAIUTE TRIBE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Ms. Ann T. Finley Mr. Jon C. Lambeck Principal Engineer Manager of Power Operations and Planning The Metropolitan Water District of Southern The Metropolitan Water District of Southern California California P.O. Box 54153, P.O. Box 54153, Los Angeles, CA 90054-0153 Los Angeles, CA 90054-0153 700 North Alameda Street, Room 2-520 700 North Alameda Street, Room 2-520 Los Angeles, CA 90012 Los Angeles, CA 90012 MORONGO BAND OF MISSION INDIANS 14 PRIMARY ALTERNATES NAVAJO TRIBAL UTILITY AUTHORITY PASCUA YAQUI TRIBE PECHANGA BAND OF LUISENO MISSION INDIANS SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY SAN DIEGO COUNTY WATER AUTHORITY SAN LUIS REY RIVER INDIAN WATER AUTHORITY SAN MANUEL BAND OF MISSION INDIANS 15 PRIMARY ALTERNATES SOUTHERN CALIFORNIA EDISON Mr. James A. Buerkle Ms. Marci Palmstrom Director Contracts Management Manager of Power Contracts Southern California Edison Company Southern California Edison Company 2244 Walnut Grove Avenue 2244 Walnut Grove Avenue Rosemead, CA 91770-3714 Rosemead, CA 91770-3714 Mr. Scott Wiedermann Energy Contracts Manager Southern California Edison Company 2244 Walnut Grove Avenue, Quad 1 C-166P Rosemead, CA 91770-3714 SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY(SCPPA) Ms. Katherine Ellis Southern California Public Power Authority 225 S. Lake Avenue, #1250 Pasadena, CA 91101 Mr. Steve Homer Southern California Public Power Authority 225 S. Lake Avenue, #1250 Pasadena, CA 91101 TIMBISHA SHOSHONE TRIBE TOHONO O'ODHAM NATION Mr. Mike Bethurem Mr. Darrold Hobbs General Manager Electric Operations Manager Tohono O'odham Utility Authority Tohono O'odham Utility Authority P.O. Box 816 P.O. Box 816 Sells, AZ 85634-0816 Sells, AZ 85634-0816 TONTO APACHE TRIBE TORRES MARTINEZ DESERT CAHUILLA INDIANS PRIMARY ALTERNATES 16 TWENTY-NINE PALMS BAND OF MISSION INDIANS VIEJAS BAND OF KUMEYAAY INDIANS WESTERN AREA POWER ADMINISTRATION Mr. Jack D. Murray Ms.Teresita Amaro Vice President of Power Marketing for Protection & Communication Manager Desert Southwest Region Western Area Power Administration Western Area Power Administration 614 S. 43`d Avenue 614 S. 43rd Avenue Phoenix, AZ 85009 Phoenix, AZ 85009 17 TECHNICAL REVIEW COMMITTEE REPRESENTATIVES PRIMARY ALTERNATES AGUA CALIENTE BAND OF CAHUILLA INDIANS Mr. Manuel Ruiz Mr. Todd Hooks Project Manager Director of Economic Development Agua Caliente Band of Cahuilla Indians Agua Caliente Band of Cahuilla Indians 5401 Dinah Shore Dr. 5401 Dinah Shore Dr. Palm Springs, CA 92264 Palm Springs, CA 92264 ANZA ELECTRIC COOPERATIVE, INC. ARIZONA POWER AUTHORITY Ms. Linda Sullivan Senior Rate Analyst Arizona Power Authority Arizona Power Authority 1810 W. Adams Street 1810 W. Adams Street Phoenix, AZ 85007-2697 Phoenix, AZ 85007-2697 AUGUSTINE BAND OF CAHUILLA INDIANS BISHOP PAIUTE TRIBE CABAZON BAND OF MISSION INDIANS CALIFORNIA DEPT. OF WATER RESOURCES 18 PRIMARY ALTERNATES CHEMEHUEVI INDIAN TRIBE CITY OF ANAHEIM, CALIFORNIA Mr. Elden Krause Mr.Tim Hammond Integrated Resources Planner Senior Integrated Resources Planner Public Utilities Department Public Utilities Department City of Anaheim City of Anaheim 201 S. Anaheim Blvd, Suite 802 201 S. Anaheim Blvd, Suite 802 Anaheim, CA 92805 Anaheim, CA 92805 CITY OF AZUSA, CALIFORNIA Mr. George Morrow Integrated Resource Planning Manager Azusa Light& Power Department City of Azusa P.O. Box 9500 Azusa, CA 91702-9500 CITY OF BANNING, CALIFORNIA Mr. Fred Mason Ms. Katherine Ellis Power Resource & Revenue Administrator Southern California Public Power Authority City of Banning 225 S. Lake Avenue, #1250 177 East Lincoln Street Pasadena, CA 91101 P.O. Box 998 Banning, CA 92220 Mr. Bill D. Carnahan Southern California Public Power Authority 222 S. Lake Avenue, #1250 Pasadena, CA 91101 CITY OF BOULDER CITY, NEVADA Mr. Rory Dwyer Mr. Scott Hansen Electric Utility Administrator Public Works Director City of Boulder City City of Boulder City P.O. Box 61350 P.O. Box 61350 Boulder City, NV 89006-1350 Boulder City, NV 89006-1350 CITY OF BURBANK, CALIFORNIA Mr. Lincoln Bleveans Mr. Himanshu Pandey Manager Power Resource Section Principal Electrical Engineer Burbank Water and Power Burbank Water and Power 164 W. Magnolia Blvd 164 W. Magnolia Blvd Burbank, CA 91503-0631 Burbank, CA 91503 19 PRIMARY ALTERNATES CITY OF CERRITOS, CALIFORNIA CITY OF COLTON, CALIFORNIA Mr. David Kolk Ms. Rebecca Gallegos City of Colton City of Colton 650 N. LaCadena Drive 650 N. LaCadena Drive Colton, CA 92324 Colton, CA 92324 CITY OF CORONA, CALIFONIA CITY OF GLENDALE, CALIFORNIA Mr. Ramon Abueg Mr.Varoojan Avedian Chief Assistant General Manager—GWP City of Glendale Water& Power City of Glendale Water& Power 141 N. Glendale Avenue, Level 4 141 N. Glendale Avenue, Level 4 Glendale, CA 91206-4496 Glendale, CA 91206-4496 CITY OF LOS ANGELES, CALIFORNIA Mr. Sam Mannan Mr. Omar Torres External Generation Project— Los Angeles Department of Water and Power Renewables/PV/NGS/MGS/Coal Supply/Hoover 111 N. Hope St, Room 1250 Power and Fuel Purchase Division Los Angeles, CA 90012-2607 Los Angeles Department of Water and Power 111 N. Hope St, Room 1263 Los Angeles, CA 90012-2607 CITY OF PASADENA, CALIFORNIA Ms. Phyllis Currie Mr. Eric R. Klinkner General Manager Assistant General Manager of Power Supply City of Pasadena City of Pasadena 150 S. Los Robles Avenue, Suite 200 150 S. Los Robles Avenue, Suite 200 Pasadena, CA 91101-2437 Pasadena, CA 91101-2437 CITY OF RANCHO CUCAMONGA, CALIFORNIA Fred Lyn Utilities Division Manager City-of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 20 PRIMARY ALTERNATES CITY OF RIVERSIDE, CALIFORNIA Mr. Jarod Mayne Mr. Roy Xu City of Riverside City of Riverside 3435 141h Street 3435 14th Street Riverside, CA 92501 Riverside, CA 92501 Mr. Andrew Park City of Riverside 3435 14th Street Riverside, CA 92501 CITY OF VERNON, CALIFORNIA Mr. Carlos Fandino Mr. Abraham Alemu Director Resource Engineer City of Vernon City of Vernon Light& Power Department Light& Power Department 4305 Santa Fe Avenue 4305 Santa Fe Avenue Vernon, CA 90058 Vernon, CA 90058 CITY OF VICTORVILLE, CALIFORNIA Keith C Metzler Assistant City Manager City of Victorville P.O. Box 5001 Victorville, CA 92393-5001 COLORADO RIVER COMMISSION (CRC) Ms.Jayne Harkins Mr. Craig Pyper Executive Director Hydropower Program Manager Colorado River Commission of Nevada Colorado River Commission of Nevada 555 E. Washington Ave., Suite 3100 555 E. Washington Ave., Suite 3100 Las Vegas, NV 89101 Las Vegas, NV 89101 FORT MCDOWELL YAVAPAI NATION GILA RIVER INDIAN COMMUNITY HUALAPAI INDIAN TRIBE 21 PRIMARY ALTERNATES IMPERIAL IRRIGATION DISTRICT Mr. Peter Garris Ms. Raquel Pena Deputy Energy Manager Superintendent, Strategic Business Dev. Imperial Irrigation District Imperial Irrigation District 333 E. Barioni Blvd 333 E. Barioni Blvd Imperial, CA 92251-1773 Imperial, CA 92251-1773 Mr.Arcadio Magana Superintendent General, Trading Floor Imperial Irrigation District 333 E. Barioni Blvd Imperial, CA 92251-1773 Mr. Mike Taylor Manager, Energy Dept. Asst. Imperial Irrigation District 333 E. Barioni Blvd Imperial, CA 92251-1773 KAIBAB BAND OF PAIUTE INDIANS LAS VEGAS PAIUTE TRIBE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Ms. Ann T. Finley Mr. Jon C. Lambeck Principal Engineer Manager of Power Operations and Planning The Metropolitan Water District of Southern The Metropolitan Water District of Southern California California P.O. Box 54153, P.O. Box 54153, Los Angeles, CA 90054-0153 Los Angeles, CA 90054-0153 700 North Alameda Street, Room 2-520 700 North Alameda Street, Room 2-520 Los Angeles, CA 90012 Los Angeles, CA 90012 MORONGO BAND OF MISSION INDIANS 22 PRIMARY ALTERNATES NAVAJO TRIBAL UTILITY AUTHORITY PASCUA YAQUI TRIBE PECHANGA BAND OF LUISENO MISSION INDIANS SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY SAN DIEGO COUNTY WATER AUTHORITY SAN LUIS REY RIVER INDIAN WATER AUTHORITY SAN MANUEL BAND OF MISSION INDIANS 23 PRIMARY ALTERNATES SOUTHERN CALIFORNIA EDISON Mr.James A. Buerkle Ms. Marc! Palmstrom Director Contracts Management Manager of Power Contracts Southern California Edison Company Southern California Edison Company 2244 Walnut Grove Avenue 2244 Walnut Grove Avenue Rosemead, CA 91770-3714 Rosemead, CA 91770-3714 Mr. Scott Wiedermann Energy Contracts Manager Southern California Edison Company 2244 Walnut Grove Avenue, Quad 1C-166P Rosemead, CA 91770-3714 SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY (SCPPA) Ms. Katherine Ellis Southern California Public Power Authority 225 S. Lake Avenue, #1250 Pasadena, CA 91101 Mr. Steve Homer Southern California Public Power Authority 225 S. Lake Avenue, #1250 Pasadena, CA 91101 TIMBISHA SHOSHONE TRIBE TOHONO O'ODHAM NATION Mr. Mike Bethurem Mr. Darrold Hobbs General Manager Electric Operations Manager Tohono O'odham Utility Authority Tohono O'odham Utility Authority P.O. Box 816 P.O. Box 816 Sells, AZ 85634-0816 Sells, AZ 85634-0816 TONTO APACHE TRIBE TORRES MARTINEZ DESERT CAHUILLA INDIANS 24 PRIMARY ALTERNATES TWENTY-NINE PALMS BAND OF MISSION INDIANS VIEJAS BAND OF KUMEYAAY INDIANS WESTERN AREA POWER ADMINISTRATION Mr.Jack D. Murray Ms.Teresita Amaro Vice President of Power Marketing for Protection & Communication Manager Desert Southwest Region Western Area Power Administration Western Area Power Administration 614 S. 43rd Avenue 614 S. 43rd Avenue Phoenix, AZ 85009 Phoenix, AZ 85009 25 Attachment 2.IA to Amended and Restated Boulder Canyon Project Implementation Agreement(Restated Agreement) Agreement No. 95-PAO-10616 (Western) Agreement No. 5-CU-30-P1128 (Reclamation) ATTACHMENT 21A LOWER COLORADO RIVER MULTI-SPECIES CONSERVATION PROGRAM 26 ATTACHMENT 2.IA LOWER COLORADO RIVER MULTI-SPECIES CONSERVATION PROGRAM l. In accordance with section 11 of the Contracts and subsection 2(d)(2)(E) of the Hoover Power Allocation Act of 2011, each Contractor's proportionate share of its State's respective contribution to the cost of the MSCP is determined in accordance with each State's applicable funding agreement. The funding agreement applicable to Contractors located in Arizona is the Trust Indenture and Joint Payment Agreement. The funding agreement applicable to Contractors located in California is the First Amended California Joint Payment Agreement for the Lower Colorado River Multi-Species Conservation Program. The funding agreement applicable to Contractors located in Nevada is the First Amended Agreement to Share the Costs of Implementation of the Lower Colorado River Multi-Species Conservation Program Among the Colorado River Commission of Nevada and Electric Service Contractors. 2. Each Schedule A and Schedule B Contractor is a party to its respective State's funding agreement. Each Schedule A and Schedule B Contractor has paid, and shall continue to be required to pay, its respective MSCP cost share contribution in the amounts and in the manner specified by its respective State funding agreement. Reclamation will not issue bills for collection to Schedule A or Schedule B Contractors, under this Restated i Agreement. 3. As provided in section 13 of the Restated Agreement, Reclamation will issue quarterly bills for collection to Schedule D Contractors in California and the Tribal Contractors in Arizona and Nevada, and these Schedule D Contractors shall make payment to Reclamation. Although these Schedule D Contractors are not expected to become parties to any of the State funding agreements, the amount of each of these Schedule D Contractor's proportionate share of the MSCP funding schedule billed by Reclamation will be determined in accordance with the applicable State funding agreement. This provision does not apply to non-tribal entities that received Schedule D allocations from Western and are offered contracts through APA and CRC. 27 4. On an annual basis, the entity responsible under each State funding agreement for determining the proportionate MSCP cost share payment due from each Contractor located in that State shall determine the amount payable by each Contractor in accordance with the terms of the State funding agreement, and shall provide written notice to Reclamation and to each of the Contractors located in that State indicating the amount payable. Reclamation will issue bills to the Schedule D Contractors in California and the Tribal Contractors in Arizona and Nevada for collection based on this notice. 5. The proportionate share of the MSCP cost share contribution is based on the cost share allocations specified in MSCP program documents, specifically including Section 8 of the MSCP Funding and Management Agreement and Table 7-1 of the MSCP Habitat Conservation Plan, stated in 2003 dollars. In accordance with the MSCP program documents, the amount of the cost share contribution is adjusted annually for inflation. 6. The tables below identify the respective cost share contributions for each Schedule D Contractor in California and the Tribal Contractors in Arizona and Nevada as of October 1, 2017, as determined under the applicable State funding agreements. 7. Should a Schedule D Contractor's Allocation be reduced or increased, as described in section 16 of the Contract, the Contractor's funding obligation will be reduced or increased, accordingly, as of the effective date of the reallocation. The State MSCP cost-share formulas are based on the capacity and energy of all BCP and Parker-Davis Project power users within the state, so adjustments may be made to cost-share amounts if the energy and capacity of the power users are adjusted. 28 MSCP COST SHARE Schedule D Tribal Contractors—Arizona Allocation Quarterly Payment Due: $119,000 x IA(1) x Tribal % Tribal % Fort McDowell Yavapai Nation .0806 % Gila River Indian Community .7154 % Hualapai Indian Tribe .0909 % Kaibab Band of Paiute Indians .0296 % Navajo Tribal Utility Authority .7154 % Pascua Yaqui Tribe .1042 % Salt River Pima-Maricopa Indian Community .7154 % Tohono O'odham Nation .6460 % Tonto Apache Tribe .0596 % Schedule D Contractors —California Allocation Quarterly Payment Due: California Required Payment(2003 dollars) x 20% x IA(1) x Contractor% Tribal % Agua Caliente Band of Cahuilla Indians .1077 % Augustine Band of Cahuilla Indians .0356 % Bishop Paiute Tribe .0283 % Cabazon Band of Mission Indians .0746 % Chemehuevi Indian Tribe .1039 % Morongo Band of Mission Indians .0817 % Pechanga Band of Luiseno Mission Indians .1487 % San Luis Rey River Indian Water Authority .2230 % San Manuel Band of Mission Indians .1899 % Timbisha Shoshone Tribe .0089 % Torres Martinez Desert Cahuilla Indians .1234 % Twenty-Nine Palms Band of Mission Indians .0982 % Viejas Band of Kumeyaay Indians .1032 % 29 Non-Tribal % Anza Electric Cooperative, Inc. .1186% California Department of Water Resources .2230% City of Cerritos .2230% City of Corona .2221% City of Rancho Cucamonga .2230% City of Victorville .1951% Schedule D Tribal Contractors—Nevada Allocation Quarterly Payment Due: $469,635 x IA(') x Tribal % Tribal % Las Vegas Paiute Tribe .1265 % (1) IA = Inflation Adjustment means for any Program Year the inflation adjustment factor calculated for that Program Year pursuant to Section 8.1.1 of the Funding and Management Agreement. 30 Attachment 3.IA to Amended and Restated Boulder Canyon Project Implementation Agreement (Restated Agreement) Agreement No. 95-PAO-10616 (Western) Agreement No. 5-CU-30-P1128 (Reclamation) ATTACHMENT 11A WORKING CAPITAL CALCULATION 31 ATTACHMENT 11A WORKING CAPITAL CALCULATION 1. The annual Working Capital will be collected by the process described in section 15.4 of the Restated Agreement. 2. By February 1 st of each year after Fiscal Year 2017, Reclamation shall prepare a Projected Dam Fund Balance Analysis. 2.1. The Projected Dam Fund Balance Analysis shall be based upon the most recent approved final BCP Ten Year Operating Plan prepared in accordance with section 8 of the Restated Agreement. 2.2. The analysis reflects the monthly cash in-flows to the Colorado River Dam Fund by Annual Revenue Requirement and out year projected revenue by the established categories. 2.3. The analysis reflects the monthly obligations to the Colorado River Dam Fund by established categories. 2.4. The analysis reflects the balance of unobligated funds in the Colorado River Dam Fund on the last day of each month. 3. The Working Capital methodology may be changed to meet changing needs of the project. Each year following Fiscal Year 2019, the change in the amount of Working Capital, to be accumulated through or credited against the Annual Revenue Requirement during the upcoming Fiscal Year, shall be determined by Reclamation. The Working Capital amount will be positively or negatively adjusted to ensure the balance of the unobligated funds in the Colorado River Dam Fund on the last day of each month in the upcoming Fiscal Year is zero (0) or a positive amount. 4. Reclamation shall mitigate, to the extent possible, any increases in the Working Capital amount. Based upon any adjustments to the Annual Revenue Requirement, Reclamation shall prepare a revised Projected Dam Fund Balance Analysis. The Projected Dam Fund Balance Analysis shall be emailed to the 32 E&OC Representatives within two (2) weeks after submission of the most recent final BCP Ten Year Operating Plan. 5. The Projected Dam Fund Balance Analysis shall be reviewed and discussed at the third Fiscal Year regularly scheduled E&OC meeting. If necessary, as determined by the E&OC, a subcommittee of the E&OC will be established to further meet, review and analyze the Monthly Obligated Funds Flow Analysis with Reclamation. 6. Upon approval of the Projected Dam Fund Balance Analysis by the E&OC, Reclamation shall notify Western of any necessary changes in the amount of the Working Capital to be accumulated through or credited against the Annual Revenue Requirement during the upcoming Fiscal Year. 33 Example Calculation: BOULDER CANYON PROJECT Projected Dam Fund Balance Using Incremental Obligation Funding Fiscal Year 2018 BASED ON FY2016 FINAL TEN YEAR PLAN REVENUE 0611GATiONS Be Oinrnn2 Net WApA. Vfgtor TOTAL Operation Vu4or payment principal Interort Trans/ert TOTAL ENDING Month Balance power Water Other Sereicaa REVENUE Mainba- EOM $a+v+cas ReparemenU ors-,payment payment to WAPA OBLIGATIONS AALA14CE AAGE October'17 0 44.167 887,345 931.512 2.658,291 63,000 446,5]8 8]S,OQ� - - 656,583 4,729,452 13,797,940) Novembar'17 (3,797,940) 44,167 797,518 841,685 4.397,046 62,000 652,857 1,009,000 - - - 656,583 6,777,496 (9,733,74! December'17 (9,733,742) 4,094,523 44,167 120,833 $70,364 5,119.887 4,120.475 182,000 977,3S9) 1.009,000 - - - 656,583 6,945,417 (II'SS9.272) January'18 (11,559,2721 4,843,390 44,167 120,833 832,729 5,841,118 2,499,439 386,000 405,455) 1,0091 000 656,583 5,484,476 (11,202.630) Tebruary'18 (11,202,630) 4,800,683 44,167- 120,833 791,769 5,747,451 3,957,991 385,000 570,997 I 1,282,ODD - 656,583 6,752,471 (12,207,650) March'18 (12,207,650) 5,201,470 44,167 120,833 1,103.S02 6,469.972 9483,948 203,000 1,088,717 1,707,ODO - - 656,583 8,139,148 (13.876,826) Apni'll (13,876.826) 5,244,177 44,167 120,833 1,185,350 6,594,527 3776,006 200,000 557,499 990,000 - - - 656,583 6,180,087 (13A62,387 May'18 (13,462,387) 6,141,020 M,167 120,833 1,001,504 7,307,524 3,785,152 200,00D 658,457 585,000 WOOD - - 656,583 6,485.192 (121640,OS5) Jone'IS (12,640,055) 6,693,068 44,167 120,833 1,171.768 8,019.836 3,985,896 813,000 899,914I 586,000 - - 434,000 656,583 7.375,393 111,995,612) July'18 (11,995,612) 6,380,835 44,167 120,933 1,315,719 7,861.554 3,572,092 813,000 630,029) 425,000 - - - 656,583 6,096,704 (10,230,763) Autust'18 (10,230,763) 6,052,321 44,167 120,933 1,137,336 7,154.657 3,900,146 913.000 676,034I 422,000 - - - 656,583 6,467,763 (9,343,869) September'18 (9,343,8691 6,029,325 44,167 120.833 915,099 7,109,424 3.995,722 913,000 1,069,106 - - - - 656,583 6,534,410 (81768,855) October'18 (8,768,855) 5,362,442 120,933 5,483,275 O 13,285,SSD Novem1her'18 (3,285,580) 4,879,526 120,933 5,000.360 0 1,718,7M1 11 To. 1 65,702,7801 530.000 IA50.000 1Z,000,000 79.682.780 45.052,OOD 4,933,OOJ 8.633. 9FB99,004 600.0001 538,0001 434.000 7.879,000 71,968,000 Lowest Monthly Balance projected Fiscal Year 2018 $13,876,826 FY 2018 Lowest Monthly Balance rounded to the nearest million $14,000,000 Plus an additional $1,000,000 increase to ensure solvency $ 1,000,000 Total Working Capital Fund Reserve $15,000,000 34 Attachment 4.IA to Amended and Restated Boulder Canyon Project Implementation Agreement (Restated Agreement) Agreement No. 95-PAO-10616 (Western) Agreement No. 5-CU-30-P1128 (Reclamation) ATTACHMENT 4.IA J MULTI-PROJECT WRITTEN PROCEDURES 35 ***PROCEDURES FOR MULTI-PROJECTS COSTS*** Multi-project Costs (MPC) are the costs of those facilities which are paid for through the appropriation process by one Project, but provide benefits to other Projects. Projects identified in the MPC allocation process: AC Intertie Project Boulder Canyon Project Central Arizona Project Colorado River Basin Salinity Control Project Colorado River Front Work and Levee System Colorado River Storage Power System Parker-Davis Project Facilities identified in the MPC allocation process that benefit other Projects: Items 1. Phoenix Service Center and Mead Service Center. Item 2. SCADA System Items 1, Phoenix Service Center and Mead Service Center: The factor for distribution of costs for the Phoenix Service Center and the Mead Service Center was based on the methodology used for the Desert Southwest Regional Office's distribution of General Western Allocations (GWA). This distributes building 36 costs in the same percentage as the direct hours charged against the Projects. The procedure for developing the distribution of General Western Allocations (GWA) is: a) Determine direct labor hours (DLH) from the General Ledger 451 report (O&M) from the previous year. Insert them in the second column of the table below. b) Divide these hours by a productive staff hour figure that accounts for loss of productive staff hours related to sick leave, annual leave, training, and other uses. The current figure for staff hours in 1,750. The 1,750 number was based on a 5-year average of previous actual data. The resultant figure is shown in the third column of the table below. c) Determine the percentage figure of the total for each project in the fourth column of the table below. This percentage figure is then used to allocate the MPC to each project. d) Current year data is provided in Appendix D. Sample Showing FY 1994 Distribution for Service Centers MPCs Project Direct # of FTE Percentage Labor Hours AC Intertie Project 14,966.00 8.57 7.02% Boulder Canyon Project 23,772.80 13.58 11.12% Central Arizona Project 14,269.70 8.15 6.67% Colorado River Basin Salinity Control 958.40 0.55 0.45% Project Colorado River Front Work and Levee 945.00 0.54 .044% System Colorado River Storage Project 14,144.00 8.08 6.62% 37 Parker-Davis Project 144,670.23 182.67 167.68% Total 213,756.13 122.14 100.00% Item 2, SCADA: a) The factor for each Project is based on the total distribution of data point count requirements currently allocated and in service. The calculations are based on documented current point count utilization requirements for the SCADA as determined by Operations as of April 1.994. The number of points will be reviewed annually. b) The percentages for the point factor are calculated by dividing the number of the individual project points by the total number of points. The total SCADA point count used in the current analysis is included in Appendix C. c) The following table displays an example of calculating the point factor percentage for each project based on the number of total points to each individuals project points, based on current point allocations. d) Current year data is provided in Appendix C. 38 Distribution Showing FY 1994 SCADA costs in MPCs Project # of Points Percentage AC Intertie Project 1,441 16.50% Boulder Canyon Project 733 8.39% Central Arizona Project 479 5.48% Colorado River Basin 50 .57% Salinity Control Project Colorado River Front 0 0% Work and Levee System Colorado River 474 5.43% Storage Project Parker-Davis Project 5,558 63.63% Total 8,735 100.005 Elements of costs related to Items 1 and 2 are: 1. Historic and Future Investments Costs (both Additions and Replacements) 2. Interest Expense Procedures for compiling the Multi-projects Costs. 1. Identify Investments, include both Plant-In-Service and Construction Work-In-Progress (CWIP) for historic years and appropriate future years. The Investments in the current study were identified by a Desert Southwest Regional Office MPC Process Improvement Team and documented in their final report. While reviewing the data under the Phoenix Service Center in Western's FY 1994 Results of Operations Plant-In-Service (Schedule 1), $7,351,068 is related to the old SCADA system. Western has determined that the old SCADA system should be fully funded by the Parker-Davis Project. Based on this information, Western proposed that the costs for the old SCADA system should not be included in the Multiproject Cost allocation process. All other cost booked to the SCADA system accounts are related to 39 the new SCADA system and should be included in the Multiproject cost allocation process. The SCADA costs from the Engineering & Construction Ten-Year Plan were evaluated further to determine which portion of the costs were Replacements and which portion of the costs were Additions. A tabulation and analysis was compiled by Operations and is included in Appendix C. 2. Gather the current year Plant in Service data from Western's Results of Operations (ROOS), Schedule 1, General Ledger 10100/10610. The data for the current tables in Appendix A are marked on page 15 of GL 10100 and page 29 of GL 10610 of the Parker Davis ROOS for the Phoenix Service Center; page 2 of the Intertie ROOS for GL 10100 for the Mead Service Center; and page 4 of the Intertie ROOS for GL 10610 for the Mead Service Center. This data is then directly input into a spreadsheet which is shown in Appendix D titled "Multiproject Cost Allocations"). 3. Gather the budgeted annual investment cost for the current year and the first five (5) future years. This information for the Phoenix O&M Stage 02 and for the SCADA as shown in Appendix B, is obtained from the 1995 Final Engineering and Construction Ten-Year Plan, Section B, page Al, items 6 and 7; and from GL 10710, Schedule 2, pages 9 and 10 in Appendix A. Add the Construction Work in Progress amounts from GL 10710 for all the work order totals shown on pages 9 and 10 plus the current year IDC to the Phoenix Service Center costs. 4, The SCADA costs in Appendix C are taken from the data from the paragraph above and allocated into Replacements and Additions. 5. Allocated the historical and future cost by the allocation factors. 6. The procedure for determining the interest rate is documented in the DOE Order RA 6120.2.11, Change 1, Dated October 1, 1983. A paraphrase of Paragraphs 1 La and b of the Order is that the interest rate used for computing interest during construction (IDC) and interest on the unpaid balance of the costs of Federal power facilities is the "yield rate"which is determined by the Secretary of the Treasure as of October I of the preceding fiscal year. The yield rate is the average yield during the preceding fiscal year on interest-bearing marketable securities of the United States, which, at the time of the computation, have terms of 15 years or more remaining to maturity. In the year, construction costs are charged to a FERC plant accounts 301 and 350 or above, the Treasury interest rate for that year is the interest rate is assigned to the life of the investment. 40 7. To determine service lives of investments, look up the unit of property in the current edition of the book entitled "Replacements Units Service Lives Factors" as jointly published by the U.S. Department of Energy, Western Power Administration, and the U.S. Department of Interior, Bureau of Reclamation, dated May 1989. Set up project-specific amortization tables for each facility. A sample amortization table is included in Appendix D with references to where the input data comes from. The amortization tables begin with Page 2 of the same spreadsheet titled"Allocations". The amortization tables for each project consist of: a) an amortized amount from steps (2), (3), and (4) above. b) the Project allocated costs as determined in(5) above. c) an interest rate d) a Service Life 9. The Rates Division will update the power repayment study for each project so that the future revenue distribution will reflect the current percentages for the Multiproject Costs. For those Projects with annual appropriations or annual funds advancement, the recovery of costs will be handled annually by accounting adjustments to Operating Expenses as a separate "Rental/Lease" payment entry. a) The Boulder Canyon Project rates are determined each year. The rate process allows the addition of MPC. b) Parker-Davis Project, Pacific Northwest-Pacific Southwest Intertie Project . and the Colorado River Storage Project have multi-year rate processes. The rate process will allow the addition of the MPC. 41 c) The Central Arizona Project Contracts will allow the addition of MPC. d) Western and the Bureau of Reclamation have a"Master and Operating Agreement" which covers the operation and maintenance of joint use facilities as well as facilities transferred to Western. This agreement included the Colorado River Basin Salinity Control Project and Colorado River Front Work and Levee System. The MPC is covered as associated funding requirements under these Projects. 10. The Rates Team Lead will initiate a memo to the Financial Manager for request of the appropriate accounting entries to each project accounts for the specific current year costs and specific current year offsets to the costs prior to September 15 of each Fiscal Year. 11. The timelines for updating Appendices and repayment tables are as follows: Requests financial data (Rates Team Lead) September Updates Appendix A data(Rates) January Prepares final PRS (Rates) December Updates Service Center hour distribution table (Rates) December Updates SCADA points table (Appendix C) (Operations) December Updates Ten-Year Engineering Plan(Maintenance) October Updated Amortization Tables (Appendix D) (Rates) January Distributes to E&OC February 42 MULTI PROJECT BENEFITS PROCEDURES 43 BCP MULTI PROJECT BENEFITS OVERVIEW Purpose: Provide a written summary of the process for determining, calculating, and allocating the Multiproject benefits of exchange energy through resource integration of Western Area Lower Colorado (WALC) federal projects, inclusive of internal energy exchanges among the Boulder Canyon Project participants, and among the Parker-Davis Project participants. Resource Integration Definition: The process of mutually agreeing to a statically scheduled firm monthly exchange of energy among individual participants of the Boulder Canyon Project and among the Parker-Davis Project customers is Resource Integration. All monthly energy exchanges must zero balance at the completion of each fiscal year. The energy exchanged is a firm commitment by all participants and is received within each contractor's available contract capacity entitlement. Additional capacity to deliver or receive energy is not a component of the integration process. Resource Integration Criteria: The primary points of concern to Western, as the resource manager, when planning and implementing the integration process are Equity, Risk Management, Operational feasibility, and serving Customer requests consistent with sound business practice. A more focused description of the criteria elements follows: Equity: Each participant and project, within the requested compatible monthly energy exchange profiles, realized an energy diversity benefit on a fiscal year basis similar in value to other participating contractors and projects. If a contractor's requested monthly exchange profile is not compatible with the integrated offering of other participants, energy exchanges for the individual contractor will not be possible. The individual participants value the energy diversity benefits. When requested, Western will provide an estimate of benefit based on the spot market replacement of energy. 44 Risk: Western Area Lower Colorado (WALC), in agreeing to exchange firm blocks of monthly energy between federal projects, gauges and accepts a degree of uncertainty in resource and load availability, which could cause detrimental operational effects throughout the fiscal year. Each contractor agrees to accept the possible detrimental effects that altered monthly energy target may have on their individual resource availability profiles. Operational Feasibility: WALC, in conformance with all active contractual obligations, considers resource impacting elements such as planned unit outages, levels of monthly projected generation from Hoover, Parker and Davis planned capacity restrictions and Lower Colorado river release restrictions, in preparation of monthly energy exchanges used in the Resource Integration program. Customer Requests: Each contractor requests exchange energy to achieve improved load and resource matching and thus reduce the cost of operation. WALC attempts to provide the desired exchange energy within EQUITY, RISK, and OPERATIONAL FEASIBILITY criteria. At times, the individual customer monthly energy exchange requests cannot be met within all criteria or does not contain adequate diversity to permit energy exchanges. The customer making such an energy exchange will be excluded from the Resource Integration Program. The customer energy exchange requests are considered first among the contractors and then between the WALC federal projects. WALC responds to each requesting participants with their level of Resource Integration participation prior to June 1 of each calendar year. Resource Integration Conflicting Requests: Circumstances in which Resource Integration participants request similar exchanges on certain months, that cannot both be served, will be individually considered when an adjustment in the particular month's exchange energy is made. Due to each customer's varying monthly requests a pro-rata reduction in exchanges between the individual customers is usually not operationally feasible and are reviewed individually. The thorough review results in a monthly exchange profile reduced to coincide with other requests over the 12 months of the target fiscal year. 45 Guidelines: These guidelines are used for determining the monthly exchange of energy for the Boulder Canyon Project and Parker-Davis Project follow. PARKER DAVIS PROJECT: The primary elements which derive the projected resources and loads used in developing the PDP project Resource Integration energy exchanges are as follows: a) Generation — The monthly load profile is indexed according to the Bureau of Reclamation 2 year most probable water supply study and loss of interchanges received from other entities. b) External— The allocated load, using the baseline 1988 exhibits, as a reference is indexed to totalize monthly firm allocated load. This is also referred to as external load. c) MWD Parker Dam Energy Entitlement— Based on Parker monthly estimated releases, MWD received %Z of the projected generation. These indexed values will act as additional firm Parker-Davis project load. d) Internal— Historical load profiles serve as the monthly WALC Control area internal kWh value and act as the third component of Parker-Davis project load. e) Surplus/Deficiency in Generation — To compute Parker-Davis surplus or deficiency in generation and provide a parameter for monthly energy exchange the following computation serves as a guideline which 46 may be adjusted as required. Generation (a)— External Load (b)— MWD Load (c) — Internal Load — (d) = Parker-Davis Generation Surplus/Deficiency. f) Parker-Davis Monthly exchange generation — On a monthly basis the surplus or deficiency in generation is evaluated as to the maximum quantity available, but not necessarily to be exchanged between projects. g) Proposed Parker-Davis monthly Exchanged energy— The computation for Parker-Davis project monthly exchanged energy is developed from each individual customer's proposed exchange requests. Each customer's separate request is listed using the following formula for proposed exchanges: Firm Allocation Proposed Customer Allocation = Parker-Davis proposed Exchange, indexed by month. If the individual requested monthly exchanges do not comply with the Resource Integration criteria, then an adjustment on the pertinent month(s) is performed. h) Parker-Davis Capacity— To assure ample capacity is available for total Parker-Davis load.and reserve requirements, a computation including consideration of planned unit outages is performed. i) P-DP Customer notification— P-DP customers interested in Resource Integration are formally notified by Western of the level of Integration possible for the subject fiscal year. P-DP customers rejecting Western integration plan may notify WALC's Power Scheduling Office by fax with a formal follow up letter to the Area Manager. 47 i BOULDER CANYON PROJECT: a) Generation— The Hoover Master Schedule's preliminary monthly energy target pertaining to the subject fiscal year is the baseline resource reference for BCP resource integration planning purposes. A preliminary Master Schedule based on the latest BOR's 24 Month Most Probably Water Supply Study is distributed to the BCP contractors by December 15. b) Individual exchange analysis— Each customer's requested monthly exchange profile is provided to WALC by January 15t" and is subtracted from the preliminary Master Schedule to ascertain each customer's energy exchange request. Individual Boulder Canyon participants energy exchange is assessed in two Stages. Stage 1 consists of 2 phases. Phase 1 conducted by WALC, is the total exchange analysis among all interested BCP contractor's requesting exchange. Phase 2 is the "individual" exchange analysis performed between BCP participants desiring energy exchanges on a one on one basis. Stage 2 is the Project exchange between Parker-Davis and Boulder Canyon Project. Exchange energy between Projects must meet the same Equity criteria as for individual participants. Ample diversity must be evident between Projects to permit a zero balanced energy exchange condition for each fiscal year. c) Project exchange analysis— The totalized Boulder Canyon Project proposed monthly exchange quantity, in Stage 2, is used to compare maximum monthly quantities offered by the Parker-Davis project. This comparison of the projects exchange quantities is the occasion in which the Resource Integration criteria is applied to determine the level of monthly exchange by each project. d) BCP Master Schedule Redraft— Following adjustment of the customers requested exchange to a practical level in Stage 2, a redraft of the Master Schedule, containing the proposed energy exchanges, is distributed to the customers. Following BCP customer acceptance of the proposed 48 energy exchange a draft of the Master Schedule is generated and distributed to the BCP customers. A minimum two week customer comment period is provided before the Actual Master Schedule is created. f) Actual Master Schedule— This document is created and distributed, in accordance with the contract, to all Boulder Canyon Contractors and includes Resource Integration energy exchange by June 1 of each year. Distribution of the Actual Master Schedule marks the completion of Resource Integration planning and is the date of formal acceptance by the Contractors. 49 SUMMARY OF ANNUAL RESOURCE INTEGRATION PROCESS AND REVIEW The following is a narrative of the Resource Integration information presented at the June 9, 1995 Multiproject cost/benefit Meeting. It represents the annual process and review performed by the operations group. HOOVER STG1—VS - STG2 EXCHANGE: This graphical presentation compares Multiproject cost/benefit levels of available and accepted energy exchanges in Stage 1 as compared with Stage 2. HOOVER ENERGY INTERCHANGE ACCOUNTING (Stage 1 and Stage 2 Summed): Information shown here is a listing of the final energy exchanged between all BCP participants on a monthly basis. The process as described in the Guidelines Section of stage 1 (phase 1 and phase 1) coincides with the creation of these values. All monthly exchange data listed in this summary are a component of the Hoover Master Schedule for the coming fiscal year. DEPICTION OF ENERGY EXCHANGE FOR THE FISCAL YEAR: The information graphically and numerically shown here indicated the monthly exchange profile by project. The limitations to exchange are described in the Overview and Guidelines Sections. Complete and equitable exchanges that zero balance and that provide a degree of equity among the participants are shown here. HOOVER STAGE 1&2 RESOURCE INTEGRATION EVALUATION & REVENUE COSTS: This sheet is an example of the type of analysis available when requested for reviewing the replacement cost of energy exchanged as part of Stage 1 and Stage 2. Zero integration which was planned for in Stage 2, results in all Hoover Exchange Benefit to reflect only that which has to occur in Accepted Stage 1 value. The sheet's purpose is to estimate the value of benefit the BCP contractors receive directly from energy exchanges. 50 Each Contractor may choose to assess this exchange value differently and may have a differing benefit weighting process for assessing value than are used by western. REVENUE ANALYSIS OF ENERGY EXCHANGES: This sheet is an example of the type of analysis available, when requested for reviewing the stage 2 saving estimates. These are based on energy replacement and a weighted average of energy market prices over a period of time. Since there were no energy exchanges between BCP and P-DP for the fiscal year there was a zero net loss and a zero net gain between the two projects. The Parker-Davis Project exercised other exchange and purchase alternatives external to WALC projects. PARKER-DAVIS CAPACITY FORECAST: This summary has three sections (A, B, & C) that reflect the forecasted Parker-Davis Capacity availability and surplus capacity above reserve requirements. The data indicates that P-DP has the capacity available to meet its spinning reserve obligations. HOOVER CAPACITY BALANCE: The Hoover Capacity Balance sheet numerically and graphically depicts the capacity support provided amongst Hoover and Parker Davis as part of WALC Control Area resources. The information shows the level of capacity transfers made in the FY 94 fiscal year as a result of fungible resources being integrated into Control Area Operations. The Outcome in indicative of current operating practices which result in loading units at the most efficient point possible in response to the varying capacity schedules requested on a "Real Time" basis at Hoover. CONCLUSION: The primary resource evaluation reference is the BOR 24 Month Study for P-DP and BCP. The historical internal load estimates and contractual firm loads serve as load references for P-DP Resource Integration analysis. A series of correspondences between Western and the Contractors in which Western provides the projected monthly generation estimates and receives energy exchange requests occurs between December 1st and January 15th each fiscal year. Following an analysis by Western a response indicating the level energy exchange possible is distributed to the Contractors. The Contractors reply to Western accepting or rejecting the exchange offered. Western then formally notifies the customers, by 51 June 15t, either through individual documents or through a Master Schedule of the finalized energy exchanges for the subject fiscal year. These guidelines may require modification to adjust to fluctuating hydro resource availability forecast or changing conditions in evaluating individual project exchanges or in analyzing individual customer exchange requests. 52 oo-000 o0000010O o 0 000 H O E-� 0 o 0 o o oo!0000oo 0 0 000 a W 00 O Oro 00 O O'.O O O O O O; --0 .N O O 0-, N N Q � 000'O O0000000000,0 00 M OOO; N N in00010 0 �;0000000 Cq M 000,, ti yy O"O 0 O O O,OIO 01010,C) O. O O O O O' G Ey ¢ A 0 0.0 0 0 0 0 0 0 00 0 0 O 0 0 0' N O .. O O O O O 0,0 0 Co 010 0, O O O 0 0 a Q s" N 000 N O � OO CIO:oO � O 000 W y � 0000`OO 0000'0C 00 O OOO W 000O;OO Lr) 00,00'00'00C 0 0 000 p o N o`ro 00 Q �t O O O 't O "t O O O O N 't N 00 0 0 0 \0 M O 00 .V1 z 00 00 0 0 00 O O`O 0'O O o o, O O o O O C) U O H � � H � Q ¢ Q Qv3 ¢ � aW�;w v Q ¢ pU U � � Q � ° � � z � � u °mz 3 O CA v w U W cn > z! d W '� Q V w W <r � s o p .� �+ .� ,� � <C, °, U 3 �'' 0 � � �. W W °' O � O U W A m N i--1 V) (n 1) ® ■ ■ I X �W 2— V z x U ' W . I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � 0 1n 0 "' 1n O Ln 0 1n -4 1 N N O O O O O O H Cr� O O O O O O O O O O O O O O O O O 00 00 O O O .O O M M M O O O.O O O�h O"op �O N O� M O M 0 0 0 Z W VI) 00 vi vi O CIO O cV cV O 60g 0, u �D -t 00 r-.o 69 69 6A O. O. 0 � rn X o 0 In N N: r° 00 W to dN N m 00 O N OU o cl .... U � N M �D-oo � l� � � N �D r• .� '� a1 M N D O O. O 3 00,o O c 00 c� 0 00 N N N N CA Q _ cd S. R, O O O O O'O O O O O-0 o 0 0 U �� x O o 0 o o o o o u 3 0:0 0 0 0 0 0 0 0.0 0 0 0 N a. 6A 6A 6A 69 66 66 6A 6A 6A t 69 6A 6A 6A d > sA U >, 0o00'00oo:00"CD 0 " v V� o bA is Qw3 Q � a Z Z'O 00 �t �O r-:O N N _M "r-.Oi o0 oo H:F^ M M cc c Z V) I- 00 kn Q N d �h O 00 O,,o,z D\ dt z b rrrr�� ) O 00 00 Oi z It vi.N ri ' Q; a\ N O O� 0000 N N 0000 00 Tt vl M M p d coo CAW 3 �' Q X Was p j W QO .cY. �, 6A 6A 6A 69 69 6A 69 69 69 69 69 69 6A U m O� 0o It Z V'1 00 N 00"O O� 01 l- V) p d Q U - L O 00 O1 M M O M N"00 Z �O N Q �h O N,r� — N D kp ¢ O U V1 `~ � Q MM M O O 00 O oh M c o o 'D.'t ph F Z � 0000NO � � � O;N g,6q O > .� N Q a O, 00 0 0 .0 W zjjU O '3 N �%VM'v) 0 U r�i Q 6A sA 0s 63,6A 69 64 59 TA o W � .4 u 3 d O It o O M O'0 O o 00 0 0 !!! c� t- O N M 00 o Mkt" DO D C7 D x oo N N N N N o U x ¢ 3 Qua cd .4 M N N r�- M U N �D Z"N O� o N N m ¢ a O vt Q 00:N fi N O (V,cr d ' N O�i00 V) m D D E O N O 0: c.r- 00 r- 00 in Q bA N oo N 00 CO V1"M 00 > a 6A 69 6A 69 6A 1 6A"69 6A 69 6A 69 6A .o 3 ;. -C� j; p 3 f/] �D:00 M l- h O It N �. \O bA p d U Z � Off,l� NV) N O Oz a WESTERN AREA POWER ADMINISTRATION REVENUE ALALYSIS,OF ENERGY EXCHANGES FY96 STAGE 2 ENERGY EXCHANGE ONLY M Wh $$$ M Wh $$$ M Wh $$$ ENERGY EXCH VALUE EXCH VALUE EXCH VALUE Exchange ONT PDP* PDP HVR HVR Alt. Source Alt. Source PRICE OCT 9600 ($181,856.00) 0 $0.00 -9600 $181,856.00 $18.94 NOV 9600 ($185,504.00) 0, $0.00 -9600 $185,504.00 $19.32 DEC 0 $0.00 0 $0.00 0 $0.00 $20.23 JAN _ 0 $0.00 0 $0.00 0 $0.00 $19.66 FEB 0 $0.00 0 $0.00 0 $0.00 $18.08 MAR 9600, ($182,752.00) 0 $0.00 -9600 $182,752.00 $19.04 APR 19200 ($387,200.00) 0 $0.00 -19200 $387,200.00 $20.17 MAY 0 $0.00 0 $0.00 0 $0.00 $18.56 JUN _ 0 $0.00 0 $0.00 0 $0.00 $22.57 JUL 0 $0.00 0 $0.00 0 $0.00 $23.02 AUG 24000 $579,760.00 0 $0.00 24000 ($579,760.00) $24.16 SEP -24000 $573,920.00 0 $0.00 24000 ($573,920.00) $23.91 TOT 0' $ 216,368.00 0 $0.00 0 ($216,368.00) $20.64 The anticipated savings estimates above are based on energy replacement and spot sale pricing. The Parker Davis Project realized an approximate Net Loss of zero and a Net Crain of zero Revenue as there was no energy exhanges between BCP and P-DP for the Fiscal Year. The Parker-Davis Project and Boulder Canyon Project realized an avoided cost of$216,368.00,through monthly energy exchanges. The exchange energy price is based on a monthly composite spot energy index avereaged over the last 3 years. The polarity used in this spreadsheet is: +=Surplus energy, -Deficiency of energy EXCHANGEALS 57 i 00,00 00 V' O) N t0 O O Lo Lo (C) C M ('M Ct):N N co co;[M (M N N-N to :�' W a) -C U to j MU.O p z m O co) ' _ m n Mn m, E a. m UL...:H � N co a) U Oi da 'c,c N, �co m' ;2w oo �! 1'- 1.- fl�N N.h.l� 1- p Mn C p:U in C (0 a) C, CL aa)jC U "t -N N N N N M MGM M M:M M N �.V C-N L E �- (0 J ° O. ` '0 a 3 rn 'p m `) to U a z Y p m m a s o � d � 'a aa) =1 U) m; a) t a a) a) .m'w a) Z L co v E Y a> a� 7 Lo Lo'Lo Lo cn cn cn;o o Lo'cn in p' a°i v�i'o o' m .aa)i -° a) N N N N N M d V V V 0 U O O - V) O a O (Co c0 7 O m cl O;U -° L U N N T a..N m (6 a) C ° IL d Z a 0) O a) O Z �O V) > a) M M a) O 0 O) a) C't V V: v v'vv v'v"v;v ~ ~ O a" C ~ d' N Ucu C L C Z ,O-N N N.N N N:N N N N'N N a '� C)"(o O m N a -o N N U - U O. a) (o. C 4 N N —0 E U. J d N �, X w .Q Q LlJ �. C's0 o p, c a) W C Q' 9 U >' (0 0. OI O w �d 0 m a O a co w `0 7 (1) c W a) N "-' N N N N N'N:N " Y d _o E QU' >+V V V 't 7 � O) a) O C'V'00 O (n:(M N 0J N (O m O (n +' C a � W CO CO CO"tt 1- (0 O 1� 0) N U �° a; �!_ .� 'a F toil .0) 0 2 J p LL U L(J ap M O:N N N N N N V V' V' 'I V V' V It V V V 'q to i- 0) O) O a) O) 0) -O" " O)' C N-N N N N N N'N N N"N N Q a t a' .0 c) M c) N Cl) M"M M Cl) Cl) co Cl) O, U — (DW a, J c .m 5 w cp � � U, o m O a a Co 0 � OmL0 N .N ��:� O O " Y = a) m o) .0) LL C .> m O U _ c U) a O 00 00 O 00 00 00 00 N C cn,O'r 0) 0) (M N M CO,O 00 a LL w 0 ..5 a0 O o0 00 O O O O C) O O O 7 d p) a 0 0 07 CO V' 00 O (D O) 1- V x Y a) ca a) (n m �;'C LL N"N N N N N N;N N N;(M CO C WC o 0 00 0 0 0 0 0�0 0 0 Q � WMO N N NN'NN (7 o cOLoLnc0Oo0o0000 rn!� m am " �l � rnrnrnrnrnrn LL a 0 LL m U cV p Cl) Cl) Cl) N M Cl) Cl) Cl) Cl) M"Cl).Cl) S C,� w @ D.J 0 � Q; �' " oa>im o a0OW 0000 W coO000c) 00ao U w LL F- > U m a' 1- ZJ.U` n. Y Z o 0 0 0 o O 0 0 0,0 0,o 41): = U O w ad � Oz ❑' LL W Z H v? Wa. ol - LL _. .(0 (D (O co .0.O O O.O O .... 00-.N m 1-- (D O (D O M 00'. a) ". V () I p U N N N �- N,N N N,N N;N .c0 C, a) Z x a a, a N c .� 0, N m{ m C. a) o U) w 0 "o 0 0"o o 0 0 0,o o'o c J :'O OHO (! M O OMO � N N O) V oo V O O O-�_N -O O O!O O O '� �} Q a) a � - �i� U Q ? 0 co co co r O)C) O O,O O Cl p�p m �!� a N N N N;N N N N N'N M SU m Q U LL UOI o_ 0 U QN a a N C "O O O:O O OHO O O O"O O Iw� Q❑ �- ;2 r OOi(D (M N:N N N-:N:N (n N N N N N N-N N N:N N N Q 'O. (D a � O ^ O O O O O O t z. Q M M M N:M M M-M M MM M m O ? a I N 0 m LL 0 o O a U o tD a Z o O OOZwQW agq � W } � OW � w � w } ? ? � w _ (L a Q LLZQZ � � a (A I � o z o _ W i V Z J m � 4 H � V a i u Q to GC W J > I x " w O u O ( a x w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ln N N (MW)All:)ede:) U O O O O O O M �N� 1 M, O� ' O O� 00 zl 1 00 c� INf i00 oo r � m� � � N j O O O O l cq 00 M_ O <r ool N 00 o a 00 U U APPENDIX A WESTERN'S RESULTS OF OPERATIONS (ROOS) 60 APPENDIX B DESERT SOUTHWEST ENGINEERING & CONSTRUCTION TEN-YEAR PLAN 61 APPENDIX C ANALYSIS OF SCADA SYSTEM 62 APPENDIX D COST ALLOCATION TABLE AND AMORTIZATION TABLES i i 63 Attachment 5.IA to Amended and Restated Boulder Canyon Project Implementation Agreement (Restated Agreement) Agreement No. 95-PAO-10616 (Western) Agreement No. 5-CU-30-P1128 (Reclamation) ATTACHMENT 5.IA CONTINGENT CAPACITY, FIRM ENERGY, AND BCP PERCENTAGES 64 ATTACHMENT 5.IA CONTINGENT CAPACITY, FIRM ENERGY, AND BCP PERCENTAGES The following table is meant to identify the Contractors' percentage entitlements to Contingent Capacity and Firm Energy pursuant to the Contracts. Contingent Capacity and Firm Energy are given equal weight in calculating the Contractor BCP percentages. When used in a formula in this Restated Agreement, numbers expressed as a percent (i.e. 10.2345%) shall be interpreted to be the decimal equivalent (i.e. 0.102345). The percentages below shall be updated by September 30, 2017, to reflect the final percentages including the allocation of Schedule D power. Schedule A, B and D BCP Percentages % of % of Contingent Firm % of Capacity Energy BCP Schedule A and B Percentages Arizona: Arizona Power Authority 18.3572% 18.0051% 18.1811% Nevada: Colorado River Commission 18.3572% 22.2021% 20.2797% U.S. (Boulder City) 0.9739% 1.6788% 1.3263% California: Anaheim 1.9477% 1.0912% 1.5195% Azusa 0.1947% 0.1049% 0.1498% Banning 0.0974% 0.0420% 0.0697% Burbank 0.9800% 0.5582% 0.7691% Colton 0.1461% 0.0839% 0.1150% Glendale 0.9739% 1.5080% L2409% Los Angeles 23.9022% 14.6517% 19.2770% Metropolitan Water District of Southern California 12.0515% 27.1123% 19.5819% Pasadena 0.9738% 1.2948% 1.1343% Riverside 1.4608% 0.8184% 1.1396% Southern California Edison Company 13.5123% 5.2609% 9.3866% Vernon 1.0713% 0.5876% 0.8294% Total Schedule A and B 95.0000% 95.0000% 95.0000% 65 % of % of Schedule D Percentage Contingent Firm % of Arizona: Capacity Energy BCP I') Arizona Power Authority (APA) 1.4028% 1.4028% 1.4028% Arizona Tribes: Fort McDowell Yavapai Nation 0.0163% 0.0163% 0.0163% Gila River Indian Community 0.1446% 0.1447% 0.1447% Hualapai Indian Tribe 0.0184% 0.0184% 0.0184% Kaibab Band of Paiute Indians 0.0060% 0.0060% 0.0060% Navajo Tribal Utility Authority 0.1446% 0.1447% 0.1447% Pascua Yaqui Tribe 0.0211% 0.0211% 0.0211% Salt River Pima-Maricopa Indian Community 0.1446% 0.1447% 0.1447% Tohono O'odham Nation 0.1306% 0.1306% 0.1306% Tonto Apache Tribe 0.0121% 0.0121% 0.0121% 0.6383% 0.6385% 0.6384% Schedule D Percentages Nevada: Colorado River Commission (CRC) 1.0610% 1.0609% 1.0609% Nevada Tribes: Las Vegas Paiute Tribe 0.0332% 0.0332% 0.0332% Schedule D Percentage California: Agua Caliente Band of Cahuilla Indians 0.0699% 0.0699% 0.0699% Anza Electric Cooperative, Inc. 0.0770% 0.0769% 0.0769% Augustine Band of Cahuilla Indians 0.0231% 0.0231% 0.0231% Bishop Paiute Tribe 0.0183% 0.0183% 0.0183% Cabazon Band of Mission Indians 0.0484% 0.0484% 0.0484% California Department of Water Resources 0.1446% 0.1447% 0.1447% Chemehuevi Indian Tribe 0.0674% 0.0674% 0.0674% City of Cerritos 0.1446% 0.1446% 0.1446% City of Corona 0.1441% 0.1440% 0.1440% City of Rancho Cucamonga 0.1446% 0.1446% 0.1446% City of Victorville 0.1266% 0.1265% 0.1266% Imperial Irrigation District 0.1446% 0.1447% 0.1447% Morongo Band of Mission Indians 0.0529% 0.0530% 0.0529% 66 % of % of Schedule D Percentage (continued) Contingent Firm % of California: Capacity Energy BCP Pechanga Band of Luiseno Mission Indians 0.0964% 0.0965% 0.0964% San Diego County Water Authority 0.0781% 0.0780% 0.0781% San Luis Rey River Indian Water Authority 0.1446% 0.1447% 0.1447% San Manuel Band of Mission Indians 0.1231% 0.1232% 0.1232% Timbisha Shoshone Tribe 0.0057% 0.0057% 0.0057% Torres Martinez Desert Cahuilla Indians 0.0800% 0.0800% 0.0800% Twenty-Nine Palms Band of Mission Indians 0.0636% 0.0637% 0.0637% Viejas Band of Kumeyaay Indians 0.0669% 0.0669% 0.0669% 1.8647% 1.8648% L.8647% Total Schedule D 5.0000% 5.0000% 5.0000% (1) The % of BCP equals the sum of the percent of Contingent Capacity plus the percent of Firm Energy divided by two. i 67 Attachment 6.IA to Amended and Restated Boulder Canyon Project Implementation Agreement (Restated Agreement) Agreement No. 95-PAO-10616 (Western) Agreement No. 5-CU-30-P1128 (Reclamation) ATTACHMENT 61A APPENDIX G OF THE 1995 IMPLEMENTATION AGREEMENT 68 I APPENDDC G 2 CON' SENT CAPACI'1Y,FMM ELIIERGY, 3 AND PROJECT PERCENTAGES 4 3, For take of unclasurAbaS ibis Agreement acid refmnm the fbilowing table is rne= to 6 duplk*e the Contraome's pwamalp entidemm to Comingew Capacitor and Firm Energy R pumant to the Contracts. Contingent Capacity acid Fkm Energy are llama equal vms, t E is Ckk=sting the Cnntractoes.Project penaancage. When toed in a fotxtwla in this 9 44peffmv,.a=bcn expressed as a pw,pow(1t. 10,2345%)sMU be interpmed to be the 1a decimal.equivalent(i.a.0.102345). 11 12 %of Conting+ene 'fir cfFaso 13 �� 14 Arimna: 13 Ariaons Power Alutbwity 19.3234% 13,9527% 19.1321% 16 17 N/Yid11 1E Colorado River Commission 19,3234% 23.3706% 21.3470% 19 U.S.(BauidetCity) 1,0251% 1.7672% 1.3961% 20 21 CalWarnia_ 22 Anaheim 2.0503% 1.1497% LS99S% 23 A=sa 0.2050% 0,1104% 0.ISM 24 Banes 0.1029% 0.0"2% 0.0733% 23 Btabank 1.031.5% O.SS76% 0.609% 26 Coltoas OA532% O.OU4% 0.1211% 27 {Hendrbe 1,0251% LSg74% 1,3063% 23 ,Loa Andes 25.16M% 15,42:29% 20.2915% 29 Me=pGuan water District 12611IS9'K 29,5193% 20A125% 30 Pasadena 1.02SM 1,3629% 1.1940% 31 Rivetaide 1.5377% 0.6615% 1.1996% 32 SautbemCaldbryiaEdiKe 14.2233A 5.3377% 9.420MA 33 Verntln 1.1276% 0.6123% 0,9731% 34 35 36 37 39 39 (1) The%of Project equals the stun of the imment of C'ontLngent Capacity plus the 40 petcers of Firm Eierp dividend by Mc. 69 Attachment 7.IA to Amended and Restated Boulder Canyon Project Implementation Agreement (Restated Agreement) Agreement No. 95-PAO-10616 (Western) Agreement No. 5-CU-30-P1128 (Reclamation) ATTACHMENT 7.IA TABLE 7 FROM CALCULATIONS FOR REPAYABLE CAPITAL INVESTMENTS (REPAYABLE ADVANCES) FROM THE 1995 IMPLEMENTATION AGREEMENT 70 i i i Tande!7 CALCULATION OF REPAYABLE CAPITAL®(VESTMENTS (1'� 2) 13' 4i 5' ;Len or Arc"Prtndpai Armual Payments Reouve4eal Repayable C:tmlam Flsea! Replaae"wd MrADUr4 Based on AmallMaBon AWanoe Repayable Year to be PPIlorLMd tR ReplW&Wt AnMr1t AMOUnt A WaDxs CCWIR12-3) 1989 1,744,871 1.959 1.742,912 1.742,912 1990 3,347fAS 6,434 3,341,211 S,D84,123 1991 2240,603 10,015 2,23 SM 7,314,711 1992 174,377 11,163 163,214 7.477,925 190 2,708,728 17,090 2.691,638 Ia.169563 19% 5,.951590 32,355 5,819,235 15,9m.798 1995 BA32,686 48,110 5,7K576 21.773,374 1996 4,101,862 59,998 4JM1,86A 25.515,238 1997 21,460,09 119,743 21.341.156 47,156,A05 19W 0169,478 139,0110 3,929.478 51,085,963 190 2,799,682 158,828 2,640 85, 53,726.737 2A00 .7,651,285 198,9E3 7A52312 61,179953 20O1 329U64 223,406 3,0666858 54,245,907 20M 2AT.3225 248,7E19 2,224,516 66,470,423 2063 3,153,914 278,834 2,875,000 69,365113 2110d. 2,569.674 310,862 2,258,812 71,604,3IS 211W 2)539,725 344,197 2,295,523 73,8 A14-3 20M 4,335,357 3913,864 3.944,493 77.844,336 ZM7 31318„M 433.395 2,885,444 B0.729,780 211136 5,768,722 A90,638 5,270,D84 85,999.064 21109 5.908,500 %1.296 6.347,214 92.34UM 2910 6,14A071 637,351 5,503,020 97,850A98 21111 6,283.219 716,769 5,566.450 1D3,416„548 24312 5.179,890 794,764 4,385,126 1D7,801,674 2013 6,+A4%341 900,218 5,549,123 113,35D,797 2014 10,724,514 1,1W8,384 9,676,130 123,025,928 2015 7,320,125 1„165,716 6,154,409 129,181,33E p: fi 21116 7,A24A38 um.496 6,134,942 135,315,278 2017 11,101,440 1,448,395 9.653,045 144,959,323 2818 0 11,526,568 (1,526,558) 143,442,755 2019 0 1,6D9,432 (1,609,432) 141,833,324 21120 0 1,697.295 (1,697295) 140,136,029 2021 0 1„790,484 (1,790.484) 138,345,541 2A22 0 1,889,352 (1.589,352) 136,456,19Q 2A23 0 1,9W.Z72 (1,994,272) 134.4151,921 21124 0 2,1D5,645 (2,105,645) 132,3%,276 2025 a 2223,902 (2,223,902) 130,132,374 2026 0 2,349,503 (2,349,503) 127,782,8711 2027 0 2,452,944 (2,482,944) 125.299,925 21128 0 2,63A,386 (2,634,386) 122,665,5W 21129 0 2,755,970 (2,785,)70) 119,879.570 2030 0 2,947,170 (2,947,170) 116,932ADO 21131 0 3018,634 (3,118,634) 113,813,766 2032 0 3,3D1,059 (3,301,D69) 110,512,697 2GW a 35495,224 (3,495,224) 107,017,472 2834 0 3,701,914 (3,7111.914) 1D3,315„558 71 Table 417 CALCULATION CIF REPAYABLE CAPETA,L INVESTMENTS 111 +2' (3) 4; 5 Sian of Anqual PMclpal Asnqual Payments Recce wed RepalrAle Cureoelative Else Replacement Amount Eased on Amartlzabon Atrrance Re)ayable Year to be Amortized ciRepiaoemantArnourl AMOWt AdvanDm C449[2-3) 2i135 0 3,921.999 (3,921,999) 99.3936560 2036 0 4,156.410 (4156,410) 95,237.150 21137 0 4,405,150 (4,4(16,150) 90.831,000 2A38 D 065,875 (4,685,575) B6.145,124 2039 0 45055,750 (4,505,760) 51,09,364 2040 D 4,757,517 (4,767,517) 76,871,847 2041 D 4A",127 (4846,127) 72,025,719 2042 D 5008,748 (5,108,748) 66,91k972 2043 0 5,154,03D (5,184.030) 61,732,942 20" 0 U".113 (5,048,113) 56,684829 2045 0 4,B93,768 (4,893,768) 51,791,061 2046 0 4840,158 (4,84D,158) 46,950,903 2047 0 3,567,615 (3.567,615) 43,383,288 2048 0 34445,256 (3,445,256) 39.9W,032 2049 0 2,SM,346 (2,955,346) 36,992,685 20M D 301,479 (3,081.479) 33,901,2m 2051 0 .29%,955 (2,996,965) 30,904.251 2052 0 2,972,362 (2,972,362) 27,931,889 2053 0 2o9D7,199 (2,907,199) 25,024,690 2054 0 2JM,209 (2,885,209) 22.139,481 20M 0 2851,835 (2,851,535) 19,287,646 20M 0 2,739,056 (2,739,D56) 15.545590 2057 0 2,665,985 (2,665,985) 13,MUD5 2058 0 2,457,149 (2,457,149) 11,425,456 2059 0 21E?= (2,197.DDI) 9,22$455 2060 0 1988,376 (1,988;37(i) 7,2001179 2061 0 1J57,947 (1,757,,947) 5,4$UK 2062 D 1„575,267 (1,575,257) 3,9t16,865 2063 0 1,375,363 (1,375,W3) 2,531,502 2064 D 1,OD3,463 (1,DD3,463) 1,SM51139 2D65 0 732,318 (732,318) 795,721 2056 0 447,520 (447,520) Mum 2067 0 0 0 3465201 StIlIbUid $157,05UG4 111511479G.K3 $U3,201 NDIES' Cole(l) Trft 4urxi pm.'4es the beyrning year for amgrbzgon d 1he repLacernentexpense Cd.(2) Provides,irr4rr Table#r4,the replacemefrl egerrse Wt Is to be amortized. Cbl_(3) TU(W annuer pnnGpal amowl,Irony Tatie#6,,&%M wnuid have been pate by 1*Conhactus ea b year had apgWAaforts been availabie tr hind the reptacecowt cost. Col-(4) Dlsptays the dlltefence beWm the annual rep0cerneat expear6e to be amontDed,show In colLr l(2),and the principal papnents shcraar In Munn(3). The d WMW repres+M an WKWthrruded by the CWtra to s that Is in eicess cr Inc amount that v>wa nme Green paid by Inc COntiiactxs Ir replacement were tuideb by appmpnatlans and amnrnzed. C0L{5) Tris I5 the m mbdtlsernent due to the preserit ffoavu Pow Contravlorli by the P06E-2017 CentracUm having a payment W4ga en as set out Iri SecUm 6.4,or#ve Bo dW Canyon Prclecl Impfemerd&w AWeemenl. 72 Attachment 8.IA to Amended and Restated Boulder Canyon Project Implementation Agreement (Restated Agreement) Agreement No. 95-PAO-10616 (Western) Agreement No. 5-CU-30-P1128 (Reclamation) ATTACHMENT 81A CALCULATIONS FOR REPLACEMENTS AND REPAYABLE CAPITAL INVESTMENTS FROM THE 2016 RESTATED AGREEMENT 73 o � o c � � N LL O O O^ N n � O C O C Ln O O N � � O O O LL o �* m m N O O O O O C O LL O N O .-r N O l0 N O CD O O O O O N ci Lrl O 00 m r' W N V1 V O a E E u Ln N H a w O O O o 0 O O O o Ch LU LL C ^ ^ ~ OOD ' N ui N O O w O O O O O O O O O — Q O O O O O O O O O C �-1 d LL O � O N Il n ON O O O �4 a al Z N lD Lnl0 c-I Ol al V' C C a1 00 Q N N W N m 2 m E v F V E 0 0 0 0 0 00 00 0 a' c ccO O O 0 0 0 0 0 0 0 0 Y N i1 ui O O O 0 0 0 0 0 0 0 O y N J O Lr I- n o 0 0 0 0 0 m a o N H Ln Vl H M N H O O C e-1 i—I c-I � OD N LL Qa X o O N a O O O O O O.0 0 o O O O O O O' O 0 0 O m T a) 00 1-1 O O H O 0 O 6 O N E: 0) '_., LL -f 00 H LnO It Ln 00 000 00 N M 00 O1 O C m C q m ai u a Y L a O � V1 fa fa fa fa f0 f0 fD f0 fa T T T a/ > ,_ N aa a a a a a a a a g g g ° m Ln 7 .E n z u c vi a E j N ) o E Q N a) W Y Y E N Y J N N ai Z w = v T E Q E E o O + = N a N CL d Y a ° O m .O ai Ln C C O E c O " O oWC v aai +� v o u° a) c v F u=i W > Y ojj O = -p E O O j N N Y E o O �_ L g a _ _ Qv a ?? U p is O C 0 7 Q > a1 u N H •Q T a u �j N o: O_ � p a) CC 0 ~ E w p M Y N a a G u a l7 m l7 a ai � 0 3 3 "' a o Y v V a`i `i O = g O Y •E a 3 >O > a� aO Y o = a y N O O u N O Y 0 W C C 7 oc� V, oaLLxw3x �, C J G F I� 00 Q1 Z e-I N M V Ln lD e-1 r••I ti Q F 0 a G N O � tl� '✓ YO � O � � o -o W o - a' d n } Q o y r 4 Q o a g ? o o L O � ✓ U U D C1 G N i M M O 7 Q d N N u Y N d 01 a cc r W 'Z W Z fl ft w p 0 O y >, WC Y co O In I d N 4 ��{ J O1 ✓ d `-� � Z a O W LL Q a c G i a4i O C s D a N N �' w ✓ E G E O N a d a o N N NG O N r+ m o d a � w a v m M d In °.° G o, a 16 9 m � y .Y a a00 N N W W O y N = T O O v r N O N p G ✓�, O. U @ E v P N 00 N N � d N o r r+ c P y u v Y 3 lo c u c O W 4 0 iD ✓ M �' C j, tt- x O ? c v d m "' ni m J u o $ 0 c N m 3 v ✓ M i o"� m c •E m C c r o E G o W O z W N m 7 w vUw � uy3 o dv ° Iny � d 0 o y u N25Z f6 a W ✓ d o o '° °' @ u 7 # aG J O ta- m � W o m Y d y o r •-{ d' o K N ✓ O d N W d '✓ 3 d ✓� N 7 cc O U V W C u G r T d E u U C p to E c cc O 7 Q a z 6 7 O G N J U O C ta o➢ E ° O Y G d 7 7 R U LL O 7 m y� 3 O° N G O- O wl c° " Q ✓ c u o v E a c z G o °✓ a ° u co O @ v P y, 4 i cn E v ,➢ u c a Io N ? Z o Z o 0 0 0 0 0 n � y 'LL t TABLE#3 REPLACEMENTS PLACED IN SERVICE IN THE SAME FISCALYEAR EXPENDITURE IS MADE FY 2018 ANNUAL REPLACEMENTS W/O IDC (1) (2) (3) (4) (5) (6) Fiscal Item Replacement Annual 96%of Cumulative Year No. Description Replacement Annual Annual Cost Replacement Total For Cost Amortization 2018 2 Generator Coolers 481,000 461,760 461,760 2018 3 Stainless Steel Wicket Gates 510,000 489,600 951,360 2018 4 Drum Gate Repair&Components 1,850,000 1,776,000 2,727,360 2018 5 A2,A4,A7,PRV Modernization 801,000 768,960 3,496,320 2018 6 Flow Meter 870,000 835,200 4,331,520 2018 7 Hoover 16.5 KV Generator Breaker 51250,000 5,040,000 9,371,520 2018 8 Elevator Motor and Controller 1,340,000 1,286,400 10,657,920 2019 Annual Amort Start Year Total $10,657,920 FY 2019 ANNUAL REPLACEMENTS W/O IDC (1) (2) (3) (4) (5) (6) Fiscal Item Replacement Annual 96%of Cumulative Year No. Description Replacement Annual Annual Cost Replacement Total For Cost Amortization 2019 1 Drum Gate Control Valve 115,000 110,400 110,400 2019 2 Generator Coolers 504,000 483,840 594,240 2019 4 Drum Gate Repair&Components 2,547,000 2,445,120 3,039,360 2019 6 Flow Meter 177,000 169,920 3,209,280 2019 7 Hoover 16.5 KV Generator Breaker 11350,000 1,296,000 4,505,280 2019 8 Elevator Motor and Controller 1,290,000 1,238,400 5,743,680 2019 9 WastewaterTreatment Facility 170,000 163,200 5,906,880 2020 Annual Amort Start Year Total $5,906,880 *This table is linked to Table#1 and calculates 96%on each Annual Replacement. (1) Fiscal year of each annual replacement,as well as,the year amortization of the replacement expense will begin. (2) Item Number of the annual replacement. (3) Description of the annual replacement. (4) Actual cost of each annual replacement. (5) 96%of the Replacement Expenditure as specified in section 20.3.2 of the Restated Agreement. (6) Accumulation of the sum of column(5). The amount and fiscal year are inputted to Table#4. 76 TABLE#4 SUMMARY OF AMORTIZATION AMOUNTS (1) (2) (3) (4) (5) Amortization Multi-Year Annual Replacement Interest Start Year Replacement Replacement Total Capital Investments Rate Total (Total Amount to be Amortized) 2018 0 0 0 3.375% 2019 0 10,657,920 10,657,920 3.500% 2020 169,249 5,906,880 6,076,129 3.375% 2021 2,234,191 7,506,240 9,740,431 3.125% 2022 1,492,650 3,320,640 4,813,290 3.000% 2023 0 1,935,360 1,935,360 3.000% 2024 0 585,600 585,600 3.000% 2025 0 613,440 613,440 3.000% 2026 0 643,200 643,200 3.000% Total $3,896,090 $31,169,280 $35,065,370 * This table is linked to Table #2 and Table#3 and compiles the total amortization dollars for both Multi-Year and Annual Replacements. (1) Start year for amortization of replacement expenditures. (2) Multi-Year Replacement expenditures to be amortized, from Table#2, column (9). (3) Annual'Replacement expenditures to be amortized,from Table#3, column (6). (4) Sum of columns (2) and (3).The amount is inputted in Table#5. (5) Current interest rate for each fiscal year, as determined in accordance with repayable interest rates as provided by the Department of the Interior. 77 TABLE#5 TABLE#5 AMORTIZATION TABLES FOR AMORTIZATION TABLES FOR REPLACEMENT CAPITAL INVESTMENTS REPLACEMENT CAPITAL INVESTMENTS FY 2019 FY 2020 Amount to be Amortized $10,657,920 Amount to be Amortized $6,076,1293 Yearly Interest 3,500% Yearly Interest 375% Amortization Period 50 Years Amortization Period 50 Years Principal&Interest $454,387 Principal&Interest Payment $253,236 Payment (1) (2) (3) (4) (5) (6) (1) (2) (3) (4) (5) (6) Fiscal BOP Payments EOP Fiscal BOP Payments EOP Remaining P&I Interest Principal Remaining Remaining P&I Interest Principal Remaining Year Principal Principal Year Principal Principal $ $ $ $ $ $ $ $ $ $ 2019 10,657,920 454,387 373,0 81,359 10,576,561 2019 0 0 0 0 0 2020 10,576,561 454,387 370,1 84,207 10,492,353 2020 6,076,129 253,236 205,069 48,167 6,027,962 2021 10,492,353 454,387 367,2 87,154 10,405,199 2021 6,027,962 253,236 203,444 49,793 5,978,169 2022 10,405,199 454,387 364,1 90,205 10,314,994 2022 5,978,169 253,236 201,763 51,473 5,926,696 2023 10,314,994 454,387 361,0 93,362 10,221,633 2023 5,926,696 253,236 200,026 53,210 5,873,486 2024 10,221,633 454,387 357,7 96,630 10,125,003 2024 5,873,486 253,236 198,230 55,006 5,818,479 2025 10,125,003 454,387 354,3 100,012 10,024,992 2025 5,818,479 253,236 196,374 56,863 5,761,617 2026 10,024,992 454,387 350,8 103,512 9,921,480 2026 5,761,617 253,236 194,455 58,782 5,702,835 2027 9,921,480 454,387 347,2 107,135 9,814,345 2027 5,702,835 253,236 192,471 60,766 5,642,069 2028 9,814,345 454,387 343,5 110,885 9,703,460 2028 5,642,069 253,236 190,420 62,817 5,579,253 2029 9,703,460 454,387 339,6 114,766 9,588,695 2029 5,579,253 253,236 188,300 64,937 5,514,316 2030 9,588,695 454,387 335,6 118,782 9,469,912 2030 5,514,316 253,236 186,108 67,128 5,447,188 2031 9,469,912 454,387 331,4 122,940 9,346,972 2031 5,447,188 253,236 183,843 69,394 5,377,794 2032 9,346,972 454,387 327,1 127,243 9,219,730 2032 5,377,794 253,236 181,501 71,736 5,306,058 2033 9,219,730 454,387 322,6 131,696 9,088,034 2033 5,306,058 253,236 179,079 74,157 5,231,901 2034 9,088,034 454,387 318,0 136,305 8,951,728 2034 5,231,901 253,236 176,577 76,660 5,155,241 2035 8,951,728 454,387 313,3 141,076 8,810,652 2035 5,155,241 253,236 173,989 79,247 5,075,994 2036 8,810,652 454,387 308,3 146,014 8,664,638 2036 5,075,994 253,236 171,315 81,922 4,994,073 2037 8,664,638 454,387 303,2 151,124 8,513,514 2037 4,994,073 253,236 168,550 84,686 4,909,386 2038 8,513,514 454,387 297,9 156,414 8,357,100 2038 4,909,386 253,236 165,692 87,545 4,821,842 2039 8,357,100 454,387 292,4 161,888 8,195,212 2039 4,821,842 253,236 162,737 90,499 4,731,343 2040 8,195,212 454,387 286,8 167,554 8,027,658 2040 4,731,343 253,236 159,683 93,554 4,637,789 2041 8,027,658 454,387 280,9 173,419 7,854,239 2041 4,637,789 253,236 156,525 96,711 4,541,078 2042 7,854,239 454,387 274,8 179,488 7,674,751 2042 4,541,078 253,236 153,261 99,975 4,441,103 2043 7,674,751 454,387 268,6 185,770 7,488,980 2043 4,441,103 253,236 149,887 103,349 4,337,754 2044 7,488,980 454,387 262,1 192,272 7,296,708 2044 4,337,754 253,236 146,399 106,837 4,230,916 2045 7,296,708 454,387 255,3 199,002 7,097,706 2045 4,230,916 253,236 142,793 110,443 4,120,474 2046 7,097,706 454,387 248,4 205,967 6,891,739 2046 4,120,474 253,236 139,066 114,170 4,006,303 2047 6,891,739 454,387 241,2 213,176 6,678,563 2047 4,006,303 2.53,236 135,213 118,024 3,888,279 2048 6,678,563 454,387 233,7 220,637 6,457,927 2048 3,888,279 253,236 131,229 122,007 3,766,272 2049 6,457,927 454,387 226,0 228,359 6,229,567 2049 3,766,272 253,236 127,112 126,125 3,640,148 2050 6,229,567 454,387 218,0 236,352 5,993,216 2050 3,640,148 253,236 122,855 130,381 3,509,766 2051 5,993,216 454,387 209,7 244,624 5,748,591 2051 3,509,766 253,236 118,455 134,782 3,374,985 2052 5,748,591 454,387 201,2 253,186 5,495,405 2052 3,374,985 253,236 113,906 139,331 3,235,654 2053 5,495,405 454,387 192,3 262,047 5,233,358 2053 3,235,654 253,236 109,203 144,033 3,091,621 2054 5,233,358 454,387 183,1 271,219 4,962,139 2054 3,091,621 253,236 104,342 148,894 2,942,727 2055 4,962,139 454,387 173,6 280,712 4,681,427 2055 2,942,727 253,236 99,317 153,919 2,788,807 2056 4,681,427 454,387 163,8 290,537 4,390,890 2056 2,788,807 253,236 94,122 159,114 2,629,693 2057 4,390,890 454,387 153,6 300,706 4,090,185 2057 2,629,693 253,236 88,752 164,484 2,465,209 2058 4,090,18S 454,387 143,1 311,230 3,778,955 2058 2,465,209 253,236 83,201 170,036 2,295,173 2059 3,778,955 454,387 132,2 322,123 3,456,831 2059 2,295,173 253,236 77,462 175,774 2,119,399 2060 3,456,831 454,387 120,9 333,398 3,123,434 2060 2,119,399 253,236 71,530 181,707 1,937,692 2061 3,123,434 454,387 109,3 345,066 2,778,367 2061 1,937,692 253,236 65,397 187,839 1,749,853 2062 2,778,367 454,387 97,2 357,144 2,421,223 2062 1,749,853 253,236 59,058 194,179 1,555,674 2063 2,421,223 454,387 84,7 369,644 2,051,580 2063 1,555,674 253,236 52,504 200,732 1,354,942 2064 2,051,580 454,387 71,8 382,581 1,668,998 2064 1,354,942 253,236 45,729 207,507 1,147,435 2065 1,668,998 454,387 58,4 395,972 1,273,026 2065 1,147,435 253,236 38,726 214,510 932,924 2066 1,273,026 454,387 44,5 409,831 863,196 2066 932,924 253,236 31,486 221,750 711,174 2067 863,196 454,387 30,2 424,175 439,021 2067 711,174 253,236 24,002 229,234 481,940 2068 439,021 454,387 15,3 439,021 0 2068 481,940 253,236 16,265 236,971 244,969 2069 0 0 0 0 0 2069 244,969 253,236 8,268 244,969 0 Total $22,719,333 $12,061,413 $10,657,920 Total $12,661,820 $6,585,691 $6,076,129 *This table is linked to Table#4 and calculates the Amortization Tables(Principal&Interest)for each fiscalyear. 78 TABLE#6 PRINCIPAL PAYMENTS REQUIRED IF REPLACEMENT CAPITAL INVESTMENTS WERE FUNDED BY APPROPRIATIONS (1) (2) (3) Fiscal Sum of Annual Principal Cumulative Year Payments from Principal Payments Amortization Tables Historical Expense: 2019 81,359 81,359 2020 132,374 213,734 Subtotal $213,734 $213,734 Budgeted Expense: 2021 136,947 350,681 2022 141,678 492,358 2023 146,572 638,931 2024 151,636 790,566 2025 156,874 947,441 2026 162,294 1,109,735 * This table is linked to Table#5 and sums the Annual and Cumulative Principal Payments. (1) Fiscal Year of Principal Payments. (2) Total annual principal which would have been paid each fiscal year by the Contractors, representing the capital recovered annually by the United States if all replacements had been funded by appropriations. (3) Accumulation of the sum of column (2). 79 TABLE#7 CALCULATION OF REPAYABLE CAPITAL INVESTMENT AMOUNTS (1) (2) (3) (4) (5) Fiscal Annual Sum of Annual Principal Repayable Cumulative Year Replacement Capital Payments Recovered Based on Capital Repayable Investments Amortization Replacement Investment Capital to be Amortized Capital Investment Amount Amount Investment $ $ $ $ Historical Expense: 2019 10,657,920 81,359 10,576,561 10,576,561 2020 6,076,129 132,374 5,943,755 16,520,315 Subtotal $16,734,049 $213,734 $16,520,315 $16,520,315 Budgeted Expense: 2021 9,740,431 136,947 9,603,484 26,123,799 2022 4,813,290 141,678 4,671,612 30,795,412 2023 1,935,360 146,572 1,788,788 32,584,199 2024 585,600 151,636 433,964 33,018,164 2025 613,440 156,874 456,566 33,474,729 2026 643,200 162,294 480,906 33,955,635 *This table is linked to Table#4 and Table#6 and sums the total Repayable Capital Investments. (1) Fiscal Year of Repayable Capital Investments. (2) Replacement expense that is to be amortized;from Table#4, column (4). (3) Total annual principal amount which would have been paid each fiscal year by the Contractors,if all replacements had been funded by appropriations;from Table#6, column (2). (4) Difference between columns(2) and (3) representing the annual Repayable Capital Investments. (5) Accumulation of the sum of column (4) representing the total Repayable Capital Investments. 80 Attachment 9.IA to Amended and Restated Boulder Canyon Project Implementation Agreement (Restated Agreement) Agreement No. 95-PAO-10616 (Western) Agreement No. 5-CU-30-P1128 (Reclamation) ATTACHMENT 9.IA BOULDER CANYON PROJECT TEN YEAR OPERATING PLAN 81 ATTACHMENT 9.IA BCP TEN YEAR OPERATING PLAN 1. BCP TEN YEAR OPERATING PLAN: The plan will be organized into a report containing the following sections and information unless Reclamation and Western, in coordination with the E&OC, agree otherwise. 2. BUREAU OF RECLAMATION: This section of the report will contain information applicable to Reclamation. SECTION 1 —INTRODUCTION AND HIGHLIGHTS This section contains a narrative summary of Reclamation's BCP Ten Year Operating Plan with supporting tables, charts, and graphs, as appropriate. SECTION 2— ORGANIZATION CHART This section contains Reclamation's organization chart with staffing projections. SECTION 3—BUDGET SUMMARY This section contains an overall picture of Reclamation and Western's proposed budget and revenues. SECTION 4— OPERATION, MAINTENANCE,AND A&GE BUDGET SUMMARY This section provides information regarding Reclamation's planned operation and maintenance program, including administrative and general costs. This section will include:,Reclamation's projected budget for the current Fiscal Year and for the next nine (9) Fiscal Years; staffing projections; overhead costs; BCP ten year maintenance outage schedule; and justification for any projected increase. SECTION 5—EXTRAORDINARY MAINTENANCE, REPLACEMENTS, ADDITIONS,AND BETTERMENTS BUDGET SUMMARY This section provides information regarding Reclamation's planned extraordinary maintenance, replacements, additions, and betterments for the current Fiscal Year and for the next nine (9) Fiscal Years. The first five (5) years of data will be provided based on specific replacement programs. The second five (5) years of data will be provided on the basis of strategic planning processes with known items costing $750,000 or more specifically identified. The program summaries provide information describing the substantial costs, schedule, and goals of the program for 82 the ten year planning period. A program report provides the following information for each item in the plan: a) Description of the item. b) Estimated Cost of the item. c) Schedule for the item. d) Justification for the item. Examples of justifications could be as follows: test reports; data analysis; maintenance costs and repair frequency; criteria and assumptions used to identify the need; probability of equipment failure without action in the time period shown; cost and resulting impact from failure of action; cost/benefit analysis; emergencies; changes in laws and regulations; unavailability of spare parts; and any other pertinent information or analysis. SECTION 6 - VISITOR SERVICES BUDGET SUMMARY This section provides information regarding: the planned visitor facility program for the current Fiscal Year and for the next nine (9) Fiscal Years; staffing projections related to visitor services; projections of the operation and maintenance costs for visitor services; and justification for any projected increase. This section of the report provides projections of any capital expenditures to be made in support of visitor services and provides supporting justification for any projected expenditure. This section of the report provides projections of revenues to be received from visitor services. SECTION 7 - HISTORIC DATA This section contains tables, graphs, charts, and narrative discussions, as appropriate, regarding historic operating statistics for the BCP for the most recently completed five (5) Fiscal Years for the following categories: A. Staffing Levels B. Operation and Maintenance: (a) Reclamation Operation Line Items and Costs (b) Reclamation Maintenance Line Items and Costs C. Administrative and General: (a) Reclamation Administrative and General Costs D. Extraordinary Maintenance: (a) Reclamation Extraordinary Maintenance Line Items and Costs 83 E. Replacements, Additions and Betterments: (a) Reclamation Replacement Line Items and Costs (b) Reclamation Additions and Betterments Line Items and Costs F. Visitor Services (a) Visitor Levels (b) Visitor Service Revenues (c) Visitor Facilities Operation and Maintenance Line Items and Costs (d) Visitor Facilities Replacements, Additions and Betterments Costs G. Generation: (a) Hydrology (b) Generation Output (c) Generating Unit Availability Factors (d) Outage Schedules and Causes (e) Plant Efficiency Factors SECTION 8 -BUDGET EXPENDITURES This section contains Reclamation's most recently completed Fiscal Year Fund Utilization Report. SECTION 9 - HYDROLOGY AND GENERATION PROJECTIONS This section contains projections of generation output, outflow from Lake Mead and Lake Mead elevation for the current Fiscal Year and for the next nine (9) Fiscal Years. It also contains supporting information identifying the methodology and assumptions used to develop the projections. SECTION 10—APPENDIX A: TRC REPORT AND RESPONSES This section contains the TRC Recommendations Report submitted to the E&OC by the Contractors and the associated responses from Reclamation and Western. 3. WESTERN AREA POWER ADMINISTRATION: This section will contain information applicable to Western. 84 SECTION 11 —INTRODUCTIONAND HIGHLIGHTS This section contains a narrative summary of Western's BCP Ten Year Operating Plan with supporting tables, charts, and graphs, as appropriate. SECTION 12—ORGANIZATION CHART This section contains Western's organization chart with staffing projections. SECTION 13—OPERATIONS, MAINTENANCE, & REPLACEMENTS This section provides information regarding Western's planned operation and maintenance program, facility expenses and system wide expenses. This section will include Western's projected budget for the current Fiscal Year and for the next nine (9) Fiscal Years overhead costs; and justification for any projected increase. This section also provides information regarding Western's planned retirements, replacements, additions, and Mead Common Facilities projects for the current Fiscal Year and for the next nine (9) Fiscal Years. Specific projects will be included in years that have already been determined. The remaining data will be provided on the basis of strategic planning processes to identify projected amounts for projects to be determined at a later date SECTION 14 - HISTORIC DATA This section contains tables, graphs, charts, and narrative discussions, as appropriate, regarding historic operating statistics for the most recently completed five (5) Fiscal Years for the following categories: A. Staffing Levels B. Operation and Maintenance: (a) Western Operation Line Items and Costs (b) Western Maintenance Line Items and Costs (c) Western Extraordinary Maintenance Line Items and Costs C. Administrative and General: (a) Western Administrative and General Costs (b) General Western Allocation Costs D. Retirements, Replacements, and Additions: (a) Western Replacement Line Items and Costs 85 (b) Western Retirement and Addition Line Items and Costs E. Multi-Project Allocations (a) Multi-Project Expenses distributed to the BCP by other Western projects (b) Multi-Project Revenues Received by the BCP from other Western projects F. Generation: (a) Revenues from Sale of Electric Power SECTION 15 - BUDGET EXPENDITURES This section contains Western's most recently completed Fiscal Year Budget Execution Report. SECTION 16 - MULTI-PROJECT PROGRAM This section provides information regarding the planned Multi-Project Program for the current Fiscal Year and for the next nine (9) Fiscal Years; projections of multi- project costs to be paid to other Western projects and supporting documentation identifying the methodology and assumptions used to derive those projections; and projection of multi-project revenues to be received from other Western projects and supporting documentation identifying the methodology and assumptions used to derive those projections. SECTION 17 - PRELIMINARY POWER REPAYMENT STUDY This section contains a preliminary PRS projecting BCP rates utilizing the projected costs, revenues, and power sales contained in the previous sections of the BCP Ten Year Operating Plan and supporting work papers including investment repayment calculations, and interest during construction calculations. SECTION 18—REPLACEMENT CALCULATION This section contains the previous year's calculation of repayable replacement amounts for the BCP. 4. BCP TEN YEAR OPERATING PLAN DEVELOPMENT: 4.1 Reclamation and Western will meet with the TRC, in September of each year, unless otherwise agreed to by the TRC Representatives, to present and discuss the Preliminary BCP Ten Year Operating Plan. The Preliminary BCP Ten Year 86 Operating Plan shall be mailed, or sent by means agreed to by the Representatives, to the E&OC ten (10) working days prior to the scheduled meeting. 4.2 The Contractor Representatives of the TRC shall prepare a report of recommendations for the E&OC on the Preliminary BCP Ten Year Operating Plan prior to the E&OC meeting that follows the TRC meeting. Reclamation and Western will provide responses to and consideration of the recommendations of the TRC for the inclusion and development of the Final BCP Ten Year Operating Plan. 4.3 The E&OC shall prepare and submit final comments to Reclamation and Western regarding the Preliminary BCP Ten Year Operating Plan within three (3) working days following the E&OC meeting. 4.4 Reclamation and Western shall prepare and submit a draft"Section 10: Appendix A: TRC Report and Responses"to the E&OC including responses to the recommendations and comments in paragraph 4.3 by December 1 of each year. 4.5 The E&OC, Reclamation and Western shall work together to finalize the Appendix A and address any other comments prior to finalizing the Final BCP Ten Year Operating Plan. 4.6 Reclamation and Western shall prepare and submit to the E&OC the Final BCP Ten Year Operating Plan by February 1" of each year. 4.7 The E&OC shall review the Final BCP Ten Year Operating Plan. Each E&OC Representative will be provided an opportunity to identify, in writing, concerns with the Final BCP Ten Year Operating Plan within fifteen (15) days of receipt. 4.8 Reclamation and Western shall respond in writing within thirty (30) days to any concerns expressed by any E&OC Representative regarding the Final BCP Ten Year Operating Plan. 87 Attachment 10.IA to Amended and Restated Boulder Canyon Project Implementation Agreement (Restated Agreement) Agreement No. 95-PAO-10616 (Western) Agreement No. 5-CU-30-P.1128 (Reclamation) ATTACHMENT 10.IA BOULDER CANYON PROJECT ELECTRIC SERVICE CONTRACTORS 88 ATTACHMENT 10.IA BOULDER CANYON PROJECT ELECTRIC SERVICE CONTRACTORS Agua Caljente Band of Cahuilla Indians Anza Electric Cooperative, Inc. Arizona Power Authority Augustine Band of Cahuilla Indians Bishop Paiute Tribe Cabazon Band of Mission Indians California Department of Water Resources Chemehuevi Indian Tribe City of Anaheim, California City of Azusa, California City of Banning, California City of Burbank, California City of Cerritos, California City of Colton, California City of Corona, California City of Glendale, California City of Los Angeles, California City of Pasadena, California City of Rancho Cucamonga, California City of Riverside, California City of Vernon, California City of Victorville, California Colorado River Commission of Nevada Fort McDowell Yavapai Nation Gila River Indian Community Hualapai Indian Tribe Imperial Irrigation District Kaibab Band of Paiute Indians Las Vegas Paiute Tribe Metropolitan Water District of Southern California Morongo Band of Mission Indians Navajo Tribal Utility Authority Pascua Yaqui Tribe Pechanga Band of Luiseno Mission Indians Salt River Pima-Maricopa Indian Community San Diego County Water Authority San Luis Rey River Indian Water Authority San Manuel Band of Mission Indians Southern California Edison Company Timbisha Shoshone Tribe Tohono O'odham Nation Tonto Apache Tribe Torres Martinez Desert Cahuilla Indians Twenty-Nine Palms Band of Mission Indians United States, for Boulder City Viejas Band of Kumeyaay Indians 89 E_ RECEIVED AU 0 2 2016 � AUG 0 1 2016 CLERK'S OFFICE CRY ' r no ti CITY ADM INI TRATION # rt21 POLICE DEPARTMENT Daniel Calleros, Chief of Police 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323)587-5171 Fax(323) 826-1481 August 1, 2016 Honorable City Council City of Vernon Vernon, California Honorable Members: Attached are copies of the Vernon Police Department Activity Log and Statistical Summary of Arrest and Activities which cover the period from 12:01 a.m., July 16, 2016 up to and including midnight of July 31, 2016. Respectfully submitted, VERNON POLICE DEPARTMENT DANIEL CALLEROS CHIEF OF POLICE DC/ar #Iusively Industrial VERNON POLICE DEPARTMENT Department Activity Report First Date: 07/16/2016 Jurisdiction: VERNON Last Date: 07/31/2016 Department Complaint All Units Primal Unit Type Description VPD 10-6 OFFICER IS 10-6 C7,961,962,10-10,WASH,EQUIPA 109 99 10-96H PICK UP THE JAIL PAPER WORK FROM HP JAIL 2 2 10-96M 10-96 MARY(MAIL DETAIL) 5 5 20001 INJURY HIT AND RUN 1 l 20002 NON-INJURY HIT AND RUN 8 2 20002R NON-INJURY HIT AND RUN REPORT 9 6 21111 ROBBERY REPORT 2 2 211S SILENT ROBBERY ALARM 4 1 215R CARJACKING REPORT 2 1 415 DISTURBING THE PEACE 41 14 417 BRANDISHING A WEAPON 13 2 422R TERRORIST THREATS REPORT 2 1 459A AUDIBLE BURGLARY ALARM 139 76 459S SILENT BURGLARY ALARM 3 1 459V BURGLARY TO A VEHICLE 4 1 459VR BURGLARY TO A VEHICLE REPORT 7 6 476R FRAUD REPORT 2 l 494 PETTY THEFT 3 l 484R PETTY THEFT REPORT 7 4 487R GRAND THEFT REPORT 2 2 586 PARKING PROBLEM 13 9 594 VANDALISM 10 4 594R VANDALISM REPORT 1 1 602 TRESPASS 13 6 901T INJURY TRAFFIC COLLISION 17 5 901TR INJURY TRAFFIC COLLISION REPORT 6 2 902T NON-INJURY TRAFFIC COLLISION 50 28 902TR NON-INJURY TRAFFIC COLLISION REPORT 7 3 909C TRAFFIC CONTROL 1 I 909E TRAFFIC ENFORCEMENT 3 1 909T TRAFFIC HAZARD 1 1 911 911 MISUSE/HANGUP 13 8 911A CONTACT THE REPORTING PARTY 14 11 917A ABANDONED VEHICLE 4 3 925 SUSPICIOUS CIRCUMSTANCES 37 11 A211 R ATTEMPT ROBBERY REPORT 4 1 AB109 PROBATION/PAROLE COMPLIANCE CHECKS 4 I ASTVFD ASSIST VERNON FIRE DEPARTMENT 16 9 BOSIG BROKEN SIGNAL OR LIGHT 3 2 BOVEH BROKEN DOWN VEHICLE 15 12 CITCK CITATION CHECK 4 4 CIVIL CIVIL MATTER 2 2 COP COP DETAIL 3 3 DEMOSTRA DEMONSTRATION 3 1 DET DETECTIVE INVESTIGATION 5 4 DETAIL DETAIL 2 2 DPTAST DEPARTMENTAL ASSIST 4 3 DUI DRIVING UNDER THE INFLUENCE 3 1 0810112016 05:59:37 Page f of 2 VERNON POLICE DEPARTMENT Department Activity Report First Date: 07/1612016 Jurisdiction: VERNON Last Dale: 0713112016 Department Complaint All Units Primary Unit Type Description VPD DUPLICATE TO BE USED WHEN A CALL IS DUPLICATED 1 1 FILING OFFICER IS 10-6 REPORT WRITING 34 34 FU FOLLOW UP 9 9 GTAR GRAND THEFT AUTO REPORT 15 7 HBC HAILED BY A CITIZEN 5 4 ILLDPG ILLEGAL DUMPING 2 2 JAILPANIC TEST THE JAIL PANIC ALARM BUTTON 2 2 KTP KEEP THE PEACE 4 l LOCATE LOCATED VERNON STOLEN VEHICLE 2 2 LOJACK LOJACK HIT 5 3 MISPLOCATE LOCATED MISSING PERSON REPORT 2 1 PANIC ALARM PANIC ALARM/DURESS ALARM 4 l PAPD PUBLIC ASSIST-POLICE 6 3 PATCK PATROL CHECK 73 54 PEDCK PEDESTRIAN CHECK 39 20 PLATE LOST OR STOLEN PLATES REPORT 2 2 PRSTRAN PRISONER TRANSPORTED 7 7 REC RECOVERED STOLEN VEHICLE 30 8 RECDALARM TEST THE RECORDS ALARM 2 2 RECKLESS DF RECKLESS DRIVING(23103) 2 1 REPO REPOSSESSION 4 4 ROADRAGE ROAD RAGE 3 1 SCAR SUSPECTED CHILD ABUSE REPORT 1 1 SPEED SPEED CONTEST OR SPEEDING(23109) 7 3 TRAFFIC STOI TRAFFIC STOP 155 92 UNATTACHED UNATTACHED TRAILER 1 1 VCK VEHICLE CHECK 76 50 VEH RELEASE VEHICLE RELEASE 2 2 VIDEOCHECK VIDEO EQUIPMENT CHECK(10-96 V) 1 1 VMCVIO VERNON MUNICIPAL CODE VIOLATION 1 1 WELCK WELFARE CHECK 12 4 WRNTSVC WARRANT SERVICE 19 18 Department: 1151 709 Overall: 1151 710 08/01/2016 05:59:37 Page 2 of -' VERNON POLICE DEPARTMENT Police Activity Report Period Ending: 07/31/16 TRAFFIC COLLISIONS NO. PROPERTY RECOVERED TOTAL 22 VEHICLES: S9,000.00 NON-INJURY 16 INJURY 6 Pedestrian Fatalities City Property Damage 5 Hit & Run(Misdemeanor) 6 Hit & Run (Felony) Persons Injured 13 VEHICLES STORED PROPERTY RECOVERED FOR Unlicensed Driver 5 OTHER DEPARTMENTS Abandoned/Stored Vehicle 6 VEHICLES: S34,500.00 Traffic Hazard 3 CITATIONS Citations Iss (Prisoner Release) 6 Citations Iss (Moving) 40 Citations Iss (Parking) 17 Citations Iss (Total) 57 Hazardous 19 Non-Hazardous 21 Other Violations CASES CLEARED BY ARREST AR16-0227 CR16-1144 148(A)(1) PC AR16-0228 CR16-1149 69 PC AR16-0229 CR16-1163 647(F) PC AR16-0232 CR16-1179 666.5(A) PC AR16-0233 CR16-1181 10851(A) VC AR16-0235 CR16-1192 11379(A) H&S VERNON POLICE DEPARTMENT REPORT FOR PERSONS ARRESTED PERIOD ENDING 07/311.16 ADULT FELONY ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL ASSAULT WITH A DEADLY WEAPON BURGLARY BRING CONTROL SUBS. INTO JAIL/PRISON GRAND THEFT AUTO 1 1 GTA WI PRIOR GTAITHEFT CONVICTION 1 1 RESISTING OR OBSTRUCTING OFFICER 1 1 ROBBERY TRANSPORT/SELLING METHAMPHETAMINE 1 1 WARRANT (VERNON CASE) WARRANT (OUTSIDE AGENCY) TOTAL FELONY ARRESTS 4 0 4 ADULT MISDEMEANOR ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL BATTERY CONTEMPT OF COURT DRIVING UNDER THE INFLUENCE 1 1 DRUNK IN PUBLIC 1 1 POSS. CONTROLLED SUBSTANCE POSS. CONTROLLED PARAPHERNALIA RESISTING ARREST 1 1 VANDALISM WARRANTS (VERNON CASE) 4 4 WARRANTS (OUTSIDE AGENCY) 1 1 1 2 TOTAL MISD. ARRESTS 8 1 9 JUVENILES DETAINED --- FELONY AND MISDEMEANOR MALE FEMALE TOTAL BURGLARY MINOR POSS. OF ALCOHOL VANDALISM VEHICLE THEFT WARRANTS (BENCH) TOTAL JUVENILES DET. 1 0 1 0 1 0 TOTAL FELONY ARRESTS (ADULT) TO DATE: 79 TOTAL MISDEMEANOR ARRESTS (ADULT) TO DATE: 154 TOTAL JUVENILES DETAINED (FELONY AND MISDEMEANOR) TO DATE: 6 TOTAL ARRESTS AND DETAINED JUVENILES (FELONY AND MISDEMEANOR) TO DATE: 239 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 07/16/2016 Jurisdiction: VERNON Last Date: 07/16/2016 Call Number Disp Ten Received Caller Code Complaint Address flint Time Pei] of eer 11,1it Distratch Enroute DnSeene Depart Arrive Remove 011710 20160713720 RPT 07/16/2016 11:02A5 SADAF FOODS is GTAR 2828 S ALAMEDA.VERNON Departmem CR2 Number RMS Jur VPD R20161132 CA0197300 VPD CERDA•PAUL,JR '2L8 11:04:15 11:04:35 11:04:56 VPD 21-11 11:05:04 11:10:47 12 03:08 VPD DOCHERTY,MICH 2L12 I1:D4:53 11:05:06 20160713724 1015 07/16/2016 11:38:39 RMS Juris RPT PEDCK S SOTO//WASHINGTON BL,VERNON P0artmelz� CR2p1611OCA 34 CAO 97300 VPD CERDA.EUGENIO '2W8 11-38.39 12:34 26 20160713726 RPT 07/16/2016 13:07:06 459VR 2828 S ALAMEDA.VERNON Departmem CR2 Number RMS J300 VPD R20161133 CAD197300 VPD 12L11 13:07:06 1348 14 20160713727 1015 07/16/2016 13:22:03 RMS Jurts RPT WRNTSVC 2739 ORCHARD PLACE, SOUTHGATE S/A C DPDarlmeul O 2A0 61 Number CAO 97300 VPD CERDA,EUGENIO '2W8 13:22:03 13 49 52 20160713729 RPT 07/16/2016 14:46:19 VERIZON WIRELESS 800 451 5242 4 Department OCA Number RMS Juris VS 901T E DISTRICT BL H DOWNEY RD,VERNON VPD CR20161136 CA0197300 VPD '21-11 14 47:06 14:47:35 15:04:02 16:09:35 VPD DOCHERTY.MICH 2L12 14:50:01 14:58:58 16:12:19 VPD CERDA,PAUL,JR 2L8 14:47:07 14:47.39 14:48:55 16:09:47 VPD CERDA,EUGENIO 2W8 14:50:57 14:56:57 15:59:56 07/17/2016 05:59:1C Page ? of 4 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 07/17/2016 Jurisdiction: VERNON Last Date: 07117/2016 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Den Officer Unit DiyDatc'h Enrrurte OnSc•erie, 0d,par1 Arrive Remove Comp 20160713780 VREC 07/17/2016 06:29:30 KELMARK TOW LOCATE 54TH I!WILMINGTON, L05 ANGELES VPD RECORDS BURET 'RECD 06.30:22 06:50:11 20160713783 RPT 07/1712016 07:14:39 MARIBEL Department OCA Number RMS Juris 20002R BANDINI BL ll ATLANTIC BL.VERNON VPD CR20161137 CA0197300 VPD CERDA.PAUL.JR '2L8 07:18:37 07:21:28 08:23 20 07/18/2016 01:07:01 Page 7 of ? VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 07118/2016 Jurisdiction: VERNON Last Date: 07118/2016 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Di_clndch Enroute OnScene Depart Arrive Remove Comp 20160713814 RPT 07118f2016 01-0348 VI TRAFFIC STOP S SANTA FE AV Il VERNON AV,VERNON Department CR2 Number RMS Juris VPD R20161138 CA0197300 CITE VPD REYNA,JOSE S '1L7 01:03:48 01:46:32 VPD VASOUEZ.LUIS 1L6 01:03:50 01:03:51 01:06:58 01:46:33 20160713843 VOID 07/18/2016 11:46:55 HEARON, HERBERT CIV CIVIL 2634 E 26TH,VERNON Department VPD R2 CR2 Number RMS Juris 0161139 GA0197300 VPD LUCAS.JASON '2L12 1153.25 11:53:38 13:12:56 20160713847 RPT 07/18/2016 13:12:29 MR KANG Departmem OCA Number RMS Juris PLATE 2281 E 49TH.VERNON VPD CR20161140 CA0197300 VPD LUCASAASON '21-12 13:13:37 13:13:38 13-13.42 14:10:44 20160713851 RPT 07/18/2016 14:52:03 HPPD 20002R S SANTA FE AV 11 SLAUSON AV,VERNON VPD R2 Departmenl CR2 Number RMS Juris 0161141 CA0197300 VPD LUCAS.JASON "202 14.54:13 15:02A3 15:39:58 20160713852 RPT 07/18/2016 15:52.40 ISELLA MEZA Departmenj OCA Number RMS Juris GTAR S BONNIE BEACH PL 11 26TH,VERNON VPD CR20161142 CA0197300 VPD NEWTON,TODD '2L11 15:54-18 16:03:05 17.16:34 VPD LUCAS,JASON 21-12 15:54,14 15:54:15 20160713856 RPT 07/18/2016 17:24:38 MADE IN HOUSE 459VR 2344 E 38TH,VERNON Departrnenl Number RMS Juris CR2 VPD CR20161143 CA0197300 VPD ENCINAS,ANTHO '21-8 17:26:34 17:26:35 17:32 19 18:31 A3 20160713863 07/19/2016 05:02:2 i Page 7 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 07/1812016 Jurisdiction: VERNON Last Date: 07/18/2016 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Den Officer Vni1 #)i. pffsch Enroute OnScene Depart Arrive Remove Cow 20160713863 RPT 07/18/2016 22:49:50 DHE Deparrtmem OCA Number RMS Juris VS ` r, 2626 E 26TH,VERNON VPD CR20161144 CA0197300 1015 VPD VASQUEZ,LUIS '1L11 22 52:25 22:55:32 00:26:12 VPD VALENZUELA,FEI 1L12 23:09:25 23:17:23 00:28:14 VPD REYNA.JOSE S 1L8 22:52:26 22:59:14 00:26:00 VPD RODRIGUEZ.FER 1S1 23:18:25 00:05:11 0711912016 05:02:2: Page 2 61 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 0711912016 Jurisdiction: VERNON Last Date: 07/19/2016 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20160713881 VI 07/19/2016 08:22:46 CITE VCK E 46TH 11 BOYLE AV,VERNON Departrnem VPD R2 CR2 Number RMS Juris 0161145 CA0197300 RPT VPD GAYTAN,LOREN2 '21-5 08-22.46 09:09:23 20160713887 RPT 07/1912016 10:18:08 JANETTE ROBLEDO 487R 6270 S BOYLE AVE,VERNON Departmem OCA Number RMS Juris VPD CR20161146 CA0197300 VPD MADRIGAL.MARI1 '21-7 10:35:46 10A5:30 11:55:33 20160713897 RPT 07/19/2016 12-52.30 459VR 4927 PACIFIC 8L,VERNON Department OCA Number RMS Juris VPD CR20161147 CA0197300 VPD GAYTAN,LOREN2 '2L5 12:54:09 12:54:31 VPD ENCINAS.ANTHO 2L4 12:54:29 13:01:25 14:05:22 20160713898 VI 07/19/2016 13:14:49 CITE TRAFFIC STOP LOMA VISTA AV 1149TH,VERNON Departmem OCA Number RMS Juris VPD CR20161148 CA0197300 VPD MADRIGAL,MARU '21-7 13:14:49 14:05:30 VPD GAYTAN,LOREN2 21-5 13:2T08 13:30:35 14:05:30 07/20/2016 05:04:1 i Page 1 of i VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 07/20/2016 Jurisdiction: VERNON Last Date: 0 712 012 01 6 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Offi er Unit Dispatch Enroute OnScene Deiyart Arrive Remove Comp 20160713921 RPCB 07/20/2016 05:42:56 PREFERRED FREEZER DeAartmen� OCA Number RMS Juris RPT 459VR 3200 E WASHINGTON BL,VERNON VPD CR20161150 CA0197300 VPD VALENZUELA.FEI '101 05:46:19 05:51:04 06:48:08 20160713922 VREC 07/20/2016 05:55:53 VI REC S SOTO 11 VERNON AV,VERNON Departmem OCA Number RMS Juris VPD CR20161149 CA0197300 RPT 1015 VPD VASQUEZ,LUIS •1L12 05:55:53 06A8:22 VPD VALENZUELA,FEI 1L11 05-57.32 06:00:39 06:07:20 VPD REYNA,JOSE S 11-8 05-57.35 05-58:13 06:46:04 VPD RODRIGUEZ,FER 1S1 05:56:30 05:58:11 06:48:23 20160713953 REPO 07/20/2016 14:14:19 REPO 5300 S SANTA FE AV,VERNON Department VPD R2 CR2 Number RMS Juris 0161151 CA0197300 VPD RECORDS BURS/ `RECD 14:14:48 14:22:17 0712112016 05:08:4f Page 1 of ? VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Dale: 07/21/2016 Jurisdiction: VERNON Last Date: 07/21/2016 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Ebro Officer Unit Dispatch Enroate OnScene Depart Arrive Remove Camp 20160713974 RPT 07/21/2016 02 32 17 RMSJuriN VI TRAFFIC STOP S SOTO/144TH,VERNON DPDarlmern CR2016umz Number CA0197300 CITE VPD HERRERA,GUSTf '1 L12 02:32:17 03:08:57 VPD VALENZUELA.FEI 11-11 02:54:02 03:08:57 20160714006 VREC 07/21/2016 15-04:25 REC E 44TH/1 ALCOA AV,VERNON Deparfinenl Number RMS Jur0 CR2 V5 VPD R20161154 CAQ197300 RPT VPD CERDA.EUGENIO '21-4 15:04.25 15:26:38 VPD CHAVEZ.JERRY.J 2S2 15-26 26 15:26:38 20160714009 CHP 07/21/2016 16:21;54 WAREHOUSE Department OCA Number RMS Juris VOID 902T FRUITLAND AV 11 DOWNEY RD,VERNON VPD CR20161155 CA0197300 VPD DOCHERTY,MICH '21-6 16:22:29 16:36:17 16:40:16 16:53:32 VPD ZOZAYA,OSCAR K91 16:22:31 16:27:07 17:59:16 20160714015 RPT 07/21/2016 17:17 54 DANTE Department OCA Number RMS Juris CITY 902T DOWNEY RD 11 BANDINI BL.VERNON VPD CR20161156 CA0197300 VPD DOCHERTY,MICH '21-6 17:21:04 17734:43 17:26:06 18:30:00 VPD CERDA,EUGENIO 21-4 17:26:05 17:34A6 18:30:00 VPD GAYTAN,LORENZ 21-7 17:26:34 18:30:00 20160714027 RPT 07/21/2016 22:03:17 HPPD 20002R STATE//SLAUSON,VERNON Department CR2 Number RMS Ju00 VPD R20161157 CA0197300 VPD HERNANDEZ,EDU "11-11 22:04:54 22:06:04 22:08:55 22:43:25 VPD HERRERA,GUSTi 1 L8 22:11:27 22:43:26 07/22/2016 00:26:41 Page 1 of X VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 07122/2016 Jurisdiction: VERNON Last Date: 07/22/2016 Call Number Disp Ten Received Caller Code Complaint Address 11"h Time Pep Officer unit Dispatch Enroule 0or See n e Depart Arrive Remove Corrmp 20160714044 RPT 07/22/2016 09-04:47 ANGELA MS Juris MET 902T ALCOA AV 11 SLAUSON AV,VERNON DPpartmen� CCRR20161158 Number CAO 97300 VPD `21-11 09:05:47 09:15:56 11:30:33 VPD 2S2 09:41:06 09:49:36 10:29:44 VPD GRAY.BRANDON 5D30 10:07:17 10:37:01 VPD ZOZAYA,OSCAR K91 09:47:03 09-48:08 10-29:47 20160714049 NRD 07/22/2016 11.07:56 RAP CO RMS Juris RPT 211R 4924 EVERETT CT,VERNON DPDarlmenl CR20161 60OCA er CAO 97300 VPD CERDA.EUGENIO '21-8 11:11:24 11:12:05 11.20-13 12:33:12 20160714053 RPT 07/22/2016 11:33:24 ROSARIO RODRIGUEZ 901T S SANTA FE AV 11 54TH.VERNON Deparfinen� CR2 Number RMS Juris VPD R2D161159 CA0197300 VPD ZOZAYA.OSCAR 1K91 11:35:44 11:37:57 12:21:56 20160714056 RPT 07/22/2016 13:05:40 459VR 2301 51.VERNON Department OC,4 Number RMS Juris VPD CR20161161 CA0197300 VPD ZOZAYA,OSCAR IK91 13:08,33 13:59:27 20160714065 RPT 07/22/2016 18:59:53 SAN ANTONIO ROSE GTAR 4505 DOWNEY RD.VERNON Depurfinenj Number RMS Juris CR2 VPD CR20161162 CA0197300 VPD HERRERA.GUSTf `1 L8 19:02:49 19:59:05 20:04:39 VPD HERNANDEZ,EDV 11-11 19:06:33 19:12:04 20:04:11 VPD ONOPA,DANIEL 11-12 19:49:06 19:13:36 19:1617 20:17.40 VPD ESTRADA,IGNACI 151 19:49:14 19:50 50 20:06:54 20160714068 RPT 07/22/2016 20-03:20 415 4505 DOWNEY RD VERNON Deparfinenj Number RMS Juris , CR2 1015 VPD CR20161163 CA0197300 VPD ONOPA,DANIEL '1L11 20:64.13 20:37:24 0712312016 01:29:Of Page 7 of VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 07/23/2016 Jurisdiction: VERNON Last Date: 07/2312016 Call Number Disp Ten Received Caller Code Complaint Address Ofil Time Dee Officer unit Dhpatch Enroule OnScene Devart Arrive Remove Comp 20160714091 VREC 07/23/2016 07:38:07 Juris RPT REC MINERVA It 24TH,VERNON DPDartmenl C 20 61164CA C 0 97300 VS VPD CHAVEZ.JERRY,J '2S2 07 38:07 08:14:05 20160714110 RPT 07/23/2016 13:50:13 AT&T MOBILITY 800 635 6840 4 CITY 901T S BOYLE AV!!FRUITLAND AV,VERNON Department OCA Number RMS Jur0 VPD CR20161165 CA4197300 VS TSRN TSR VPD CHAVEZ,JERRY,J `2S2 13:51:03 13:54:10 14:29:26 VPD NEWTON,TODD 21-1 13 56 05 14:11:20 16:16:51 VPD CERDA,EUGENIO 21-2 13:57-05 16.18-16 VPD CERDA,PAUL,JR 2L3 13:57:03 16:18:17 20160714124 RPT 07/23/2016 19:51:30 uris PEDCK E 38TH 11 ALAMEDA,VERNON Department CR2 Number RMS J VPD R20161166 CA0197300300 VPD REYNA,JOSE S `1L7 19:51-30 22:58:15 VPD VASQUEZ.LUIS 1L4 19:51:32 21:51A0 VPD OURIQUE,CARLO iL6 19:53:26 22:55:14 VPD CROSSAEREMY 1S1 21:44:04 22:55:10 FAM 0712412016 01:32:45 Page 1 of 1 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 07/24/2016 Jurisdiction: VERNON Last Date: 07/24/2016 Call Number Disp Ten Received Caller Cade Complaint Address Ofil Time Den Officer Unit Disltarch Enroule OnSeene Depart Arrire Remove Copan 20160714136 RPT 07/24/2016 00:30:38 LAPp VI 902T S SANTA FE AV 11 VERNON AV,VERNON VPDartme>e� C 2A0161167 CAO 97300 VPD VASQUEZ.LUIS *11-4 00:31:49 00:32:10 00:35:67 01:13:34 VPD OURIQUE.CARLO 1L6 00:40-18 01:13:34 20160714156 RPT 07124/2016 0610-54 VAI uris VCK 4735 DISTRICT BL,VER Deparrmeni CR2 Number RMS J VPD R20161168 CA0197300300 VPD ONOPA.DANIEL *1 L5 06 13:22 06:19:23 D6:19:24 07:22:31 VPD VASQUEZ.LUIS 1L4 06 29:05 07:22:33 VPD REYNA,JOSE S 11-7 06:19:17 07:22:53 VPD 21-11 07:06:33 07:23:52 20160714190 RPT 07/24/2016 22:28:38 VS VCK SEARS 11 SOTO.VERNON DDartmenl CR20161169 Number CRAG 97300 VPD HERRERA.GUST; *1L8 22:28:38 23:01:17 20160714192 1015 07/24/2016 23 01 27 Juris RPT PATCK 2705 LEONIS BL.VERNON DPDar[me►n CR20161170OCA er �97300 VPD HERRERA,GUM *1L8 23:01:27 0024:12 VPD REYNA.JOSE S 11-12 23:01:32 23:47:01 VPD CROSS,JEREMY 151 23:01:34 23:27:13 07/25/2016 05:02:4; Page 4 of 1 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 07125/2016 Jurisdiction: VERNON Last Date: 07/2512016 Call Number Disp Ten Received Caller Code Complaint Address Unit, Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20160714198 RPT 07/25/2016 00:41:15 VCK 3680 BANDINI BL,VERNON Deparlmem CR2 Number RMS Juris VS VPD CR20161171 CA019730000 VPD VASOUEZ,LUIS *11-11 00:41:15 01:21:06 VPD CROSSAEREMY 1S1 00:47:44 00:58:03 20160714214 RPT 07/25/2016 08:12:07 JESUS CARBAJAL is 902T DOWNEY RD lI VERNON AV,VERNON DeparTmem CR2 Number RMS Jur VPD R20161172 CA01973000 VPD ENCINAS.ANTHO *21-5 08:12:52 08-12 53 08:17:37 09:14:58 20160714216 RPT 07/25/2016 08-25-37 MARGAITA MARNEZ ds 902TR S SANTA FE AV II 38TH,VERNON Depart,men� CR2 Number CMS Ju VPD R20161173 CA019730000 VPD QUINONES,ANA *2STOF 08:29:33 08:29:40 08A2 48 09:12:03 20160714229 REPO 07/25/2016 11:44:22 HIDE AND SEEK Departmenj OCA Number RMS Juris REPO 2622 S ALAMEDA,VERNON VPD CR20161174 CA0197300 VPD RECORDS BURET *RECD 11:48:36 12:10-05 20160714231 CITE 07►25/2016 12:18:31 VI TRAFFIC STOP HAMPTON 1►FRUITLAND AV.VERNON Departmem VPD R2 CR2 Number RMS Jur01fi1175 CA0197300 VPD MADRIGAL,MARY *21-4 12:18:31 13:04:14 VPD VILLEGAS.RICHA 21-6 12:37:01 12:40:01 13:04:14 20160714241 RPT 07/25/2016 14:31:55 VANEA FUENTES 902T 4900 S SOTO.VERNON Departmenj OCA Number RMS Juris VPD CR20161176 CA0197300 VPD LUCAS.JASON *21-7 14:36A6 14:40:35 15:41:59 VPD VILLEGAS,RICHA 21-6 15:24:56 15:41:59 20160714247 07/26/2016 02:57:1i Page 1 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 07126/2016 Jurisdiction: VERNON Last Date: 07125/2016 Call Number Disp Ten Received Caller Code Complaint Address Unit EM Defy t)ltiver f'uir 1)hparrll I..'nrolife+ On.Scene Depart Arrive Remove Crut,re 20160714247 RPT 07/25/2016 16:39:53 GISELLE ESTRADA 902T PACIFIC BL itCR2 Number CMS furls 46TH.VERNON Departmem VPD R20161177 CA0197300 VPD VILLEGAS,RICHA '21-6 16.41:12 16.44:18 17:36:57 VPD MADRIGAL,MARI1 21-4 16-46:07 16:47:06 20160714252 RPT 07/25/2016 17:32A6 HP COMMUNITY ris A211 R S SANTA FE AV 11 53D.VERNON VPD R2 Deparrmem CR2 Number RMS Ju 0161180 CA019730000 VPD LUCAS,JASON '20 17:35:10 17:37:12 VPD OURIOUE,CARLO 1L4 19:41-44 18:55:34 19:02:56 20:00:54 VPD MADRIGAL.MARII 21-4 17:46:42 17 47 39 VPD VILLEGAS.RICHA 21-6 17:37:10 17:41:19 17 59 40 20160714253 REPO 07/26/2016 17:44:27 REPO 6023 ALCOA AV.VERNON Departmenj Number RMS fur CR2 ls VPD CR20161178 CA0197300 VPD RECORDS BURS/ 'RECD 17:45:43 19:13:16 20160714254 RPT 07/2512016 17:47:36 RMS Jurls VREC REC BANDINI BL 11 DOWNEY RD.VERNON PDartmenl CR20161179er CA0197300 1015 VPD MADRIGAL.MARI/ '21-4 17:47:39 21:01:23 VPD OURIQUE.CARLO 11-4 20:35:21 20:45:32 VPD VILLEGAS,RICHA 21-6 17:59:48 18:44:29 VPD LUCAS,JASON 2L7 17:47:44 21:01:24 VPD WINEGAR,JERRY 21-92 17:57:21 1812:25 VPD CHAVEZ,JERRY.J 2S2 17:50:16 1T54-00 18:26:17 07/26/2016 02:57:17 Page 2 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 07/26/2016 Jurisdiction: VERNON Last Date: 07/26/2016 Cal!Number Disp Ten Received Caller Code Complaint Address Unit Time Dry+ fl±4-c+r U'nit &%pe lch Enroute OnScene Depart Arrive Remove Cvmp 20160714284 RPT 07/26/2016 05:42:08 MS Juris VREC REC 6199 MALBURG WY,VERNON DeDAartmem CR20 61181 mber R p 97300 VS 1015 VPD REYNA.JOSE S '1L6 05:42:08 07:05:09 VPD OURIQUE.CARLO 1L4 06:31:26 07:01:55 VPD VALENZUELAFEI 1L5 05A2:31 05A9:15 06:05:32 07:05:05 VPD VASQUEZ,LUIS 1L7 05:43:12 06:05'37 07.05.09 VPD SANTOS,DANIEL 1S1 06.02:39 06:24:21 VPD CERDA.EUGENIO 202 05A3:19 06 05:34 06:24-28 VPD VILLEGAS,RICHA 2L8 06:06:57 06.24.20 20160714288 RPT 07/26/2016 07:18:57 TED Departmem OCA Number RMS Juris l{ppli 925 S SANTA FE AV 1157TH,VERNON VPD CR20161182 CA0197300 VPD CERDA.EUGENIO `21-12 07:19.22 07:19:46 07:24.15 08:27:08 VPD 21-11 07:2123 07:34-34 0T52:27 VPD VILLEGAS,RICHA 21-8 07.24.13 08:55:34 VPD WINEGAR,JERRY 21-92 07:35:57 08:55:34 VPD CHAVEZ,JERRY,J 2S2 07:19:25 07:19:48 07:21:42 07:56:16 VPD GRAY,BRANDON 5D30 07:26:06 08:55:35 VPD RAMOS,JOSE 5D35 07:26:06 07:56:09 20160714289 RPT 07/26/2016 07:54:55 CARLOS GARCIA Deparfinem OCA Number RMS Juris WELCK 4305 S SANTA FE AV.VERNON VPD CR20161183 CA0197300 VPD "2L11 07:55:52 08:00:02 08.42:44 VPD CERDA.EUGENIO 2L12 08:27:12 10:03:23 VPD CHAVEZ.JERRY.J 2S2 07:56:18 08:01:24 08:32.30 VPD RAMOS,JOSE 5D35 07:56:10 08:06:44 20160714297 07/27/2016 06:07:3C Page 1 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 07/26/2016 Jurisdiction: VERNON Last Date: 07126/2016 Call Number Disp Ten Received Caller Code Complaint Address Unit Time 1)(w 01ficexr Unit Dispatch Enrouse On Scene Depart Arrive Remove Conan 20160714297 RPT 07/26/2016 10:18:18 EDRIS MISPLOCATE 4560 PACIFIC BL,VERNON Deltiartmenl CR2 Number R 019730 s VPD CR20161184 CA0197300 VPD CERDA,EUGENIO "21-12 10:20:38 1011:40 10:25:48 11,05:11 VPD VILLEGAS.RICHA 21-8 10:20:41 10:21:42 10:26:59 11:05-11 20160714305 VREC 07/26/2016 12:31:07 LASO 1 CITY WIDE TOW LOCATE 1261 S EASTMAN.COMMERCE 07/27/2016 06:07:3C Page 2 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 0712712016 Jurisdiction: VERNON Last Date: 07127/2016 Cal!Number Disp Ten Received Caller Code Complaint Address Unit Time Den Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20160714339 RPT 07/27/2016 10:15:33 KANDY GLAVEZ 20002R E VERNON AV 11 BOYLE AV,VERNON 20160714344 RPT 07/27/2016 11:44:00 MIGUEL 487R S SOTO 1/WASHINGTON BL.VERNON VPD R2 DeDartrnen� CR2D161185 OCA N1 CAD1973D0 RMS Jur0 85 VPD DOCHERTY.MICH '2L12 12:08:01 12:11:35 12:40:19 20160714351 RPT 2016 14:10 09 LA COCO 484R Departmem OCA Number RMS Jurls 484R 4553 SEVILLE AV.VERNON VPD CR2016i 186 CA0197300 VPD ENCINAS,ANTHO '201 14:11:59 14:12:20 14:58:43 VPD DOCHERTY,MICH 21-12 14:12:54 14:2945 15AC56 07/28/2016 05:03:2. Page 1 of 1 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 07/28/2016 Jurisdiction: VERNON Last Date: 0712812016 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Ufoir Diyinach Eirrouie 0frScezze I),warf Arrive Remove Camp 20160714379 RPT 07/28/2016 07:10:58 DEL-THO INDUSTRIES 484R 6170 S BOYLE AV,VERNON VPD R2 Departmen� CR2 Number RMS Juris 0161187 CA0197300 VPD CERDA,PAUL,JR '21-11 07:14:16 07:14:40 07:23:26 07:53:36 20160714381 1098 07/28/2016 08:01:16 JOSE LOMELI RPT 20002R 4201 FRUITLAND AV.VERNON Department CR2 Number RMS Juris VPD R20161188 CA0197300 VPD DOCHERTY.MICH "2L12 08:02:33 08:02:57 08:12:20 09-41:36 20160714387 RPT 07/28/2016 10.17.49 FISHCO SEAFOOD 484R 6180 ALCOA AV.VERNON Departmenj Number RMS Juris CR2 VPD CR20161189 CA0197300 VPD DOCHERTY.MICH `21-12 10 21-49 10.33:38 11:31-D4 20160714390 RPT 07/2812016 11 49,29 CHERISH APPAREL 476R 4461 S SANTA FE AV,VERNON Departmen� CR2 Number RMS Juris VPD R20161190 CA0197300 VPD CERDA,EUGENIO '2L8 11:51:44 11:52:32 VPD DOCHERTY,MICH 21-12 11:52:09 11:52:30 11:52:10 13:13:13 20160714404 REPO 07/28/2016 16:19'05 FOX RECOVERY REPO 5401 S SOTO VERNON Department OCA Number RMS Juris , RPT VPD CR20161191 CA0197300 VPD RECORDS BURET 'RECD 16:21:38 16:27:32 07/29/2016 01:13:1C Page 7 of 1 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA Is First Date: 07/29/2016 Jurisdiction: VERNON Last Date: 07/29/2016 Call Number Disp Ten Received Caller Code Complaint Address Unit Time, Dep Officer ! nif Mmy1rfch Enroure OnSc•ene Depart Arrive Remove Comp 20160714420 RPT 07/29/2016 02 50:11 PENGUIN FOODS Departmenj OCA Number RMS Juris VI 20002R 4400 ALCOA AV,VERNON VPD CR20161193 CA0197300 VPD VELASQUEZ,RICf '1L2 02:54-30 02:55:12 03:48 00 VPD HERNANDEZ,EDV 1L1 02:55:36 03:47 59 VPD ONOPA,DANIEL 1L3 02.54:34 02:55:14 03:22:36 20160714433 RPT 07/2912016 07-42'40 MARY HELEN HOTTINGER 901 TR 2926 ATLANTIC,VERNON CR2 Departmenj OCA RMS Juris VPD CR20161194 CA0197300 VPD VALENZUELA.FEI '2L11 07:44:13 07:44:13 07:50:18 07:54:11 VPD CERDA,PAUL,JR 21-8 07:44:47 07:48:49 08 23:59 20160714436 RPT 07/29/2016 07.56.01 DATALOK Departmenj OCA Number RMS Juris VREC GTAR 5990 MALBURG WY,VERNON VPD CR20161196 CA0197300 VPD CERDA.EUGENIO '2L12 07:58:15 07:58:31 08:09:26 09:43 08 20160714437 RPT 07/29/2016 08:22:44 1015 WRNTSVC 3588 E 52D, MAYWOOD SIA M Department OCA Number RMS Juris VPD CR20161195 CA0197304 VPD RAMOS,JOSE '5D35 08-22.45 09:00:47 20160714445 RPT 07/29/2016 10:19:34 ESSENTIAL DECOR INC 459VR 2067E 55TH,VERNON Department OCA Number RMS Juris VPD CR20161197 CA0197300 VPD CERDA,EUGENIO '21-12 10:23:40 10:23:37 1118:48 20160714449 RPT 07/29/2016 10:47:14 MARIO-BNSF RR ILLDPG 4601 PACIFIC BL.VERNON Departmem VPD R2 CR2 Number RMS Juris 0161198 CA0197300 VPD CERDA,PAUL,JR *2L8 10:50:34 10:50:37 10:51:41 11:24:22 20160714463 0713012016 00:09:5f Page 1 of 2 VEIKNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Dale: 07129/2016 Jurisdiction: VERNON Last Date: 07/29/2016 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Pep Officer Unit Dispatch Enroute OnScene fkparl Arrive Remove (-'a"In 20160714463 VREC 07/29/2016 12:36:57 RPT REC WASHINGTON 11 SOTO.VERNON Departmen� CR2 Number RMS J300 VPD R20161199 CA01973D0 VPD VALENZUELAYEI 121-11 12 36-57 13:30:46 VPD CERDA,EUGENIO 21-12 1237 12 12 39 59 13-11.21 VPD CERDA,PAUL,JR 21L8 1237 11 12-46.12 VPD SANTOS,DANIEL 2S2 12.38:49 13:30:46 07/30/2016 00:03:5E Page 2 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 07130/2016 Jurisdiction: VERNON Last Date: 07/30/2016 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20160714518 RPT 07/30/2016 02:39:25 REC S INDIANA/I 26TH,VERNON Department CR2 Number RMS Juris VREC VPD CR20161201 CA019730000 VPD ONOPA,DANIEL *lL6 02:39:31 02:39:25 02:48:23 VPD OURIQUE,CARLO 1Z8 02:39 33 03:40:23 20160714524 RPT 07/30/2016 03:49:40 YADER QUINTERO 215R 4536 E DISTRICT BL.VERNON Departmem OCA Number RMS J VPD CR20161202 CA0197300300 VPD VELASQUEZ,RICF "11.5 03:55:19 03:59:20 04:02:28 05:26:26 VPD HERNANDEZ.EDV 11-4 03:59:18 03:59:18 04.38:38 0810112016 05:45:21 Page 7 of VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA 's First Date: 07/31/2016 Jurisdiction: VERNON Last Date: 0713112016 Call Number Disp Ten Received Culler Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute Dn cene Depart .Arrive Remove Comp 20160714578 1015 07131/2016 02.21:27 VI TRAFFIC STOP FRUITLAND AV 11 BOYLE AV,VERNON DpDartmen� 020161 03 CA Number CAO 97300 RPT VPD ONOPAAANIEL '11-8 02:21:28 05:00,16 VPD SWINFORD,PHILI 11-11 02:21:30 02:21:34 VPD VELASQUEZ,RICI 11-12 02:27:37 02:30:08 03:56:38 VPD CROSS,JEREMY 1S1 02:21:32 02.23:01 04:23:45 20160714604 VREC 07/31/2016 18:40:04 ABSOLUTE TOW LOCATE CERIRNO 11 WASHINGTON,VERNON VPD RECORDS BURET 'RECD 18:56:04 19:16 02 20160714606 RPT 07131/2016 19:24:47 211R E SLAUSON AV 11 ALCOA AV.VERNON Departmen� OCA Number RMS J3Ns VPD CR20161204 CA0197300 VPD ZOZAYA.OSCAR `K91 19 25:29 19:25:29 19-38:15 20:45 50 0910112016 05:45:57 Page 1 of 4 RECEIVED RECEIVED AUG 112016 AUG 0 9 2016 CITY CLERK'S OFFICE CITY ADMINISTRATION � C6 - 10~ft, STAFF REPORT VERNON POLICE DEPARTMENT DATE: August 16, 2016 TO: Honorable Mayor and Council Members FROM: Daniel Calleros, Chief of Police PL" RE: 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 it is a continuing administrative 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; 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. Background When local police agencies work with federal agencies to enforce federal criminal laws, the agency may apply for an equitable share of any forfeited proceeds. The Vernon Police Department("VPD") currently receives an equitable share of forfeited proceeds from investigations conducted by an investigator assigned to the Southwest Borders Initiative Taskforce(SWBI). In order to receive such proceeds, the VPD must execute an equitable share agreement and certify that the forfeited proceeds received are allocated as required by federal statutes and regulations established by the U.S. Department of Treasury and the U.S. Department of Justice. These laws and regulations require the VPD to do the following: • Forfeited funds or property must be kept separate from state or other forfeitures • Submit a federal Equitable Sharing Agreement and Certification annually with both agencies • A record shall be maintained of the funds or property and any expenditures • Funds exceeding$100,000 shall be audited annually The Department of Justice implemented an on-line reporting process to streamline the annual reporting of funds received by local agencies. The reporting process requires the Agency Head (Police Chief) and the Governing Body Head (City Administrator) to certify that the City understands its obligations under the agreement and to certify that the reported financial information regarding the VPD's receipt and expenditure of the funds is accurate. The VPD has implemented procedures in compliance with the outlined laws and regulations. Forfeited proceeds received through the equitable share program vary from year to year as funds are based on the resolution of specific court cases. When received, funds are placed in a specific VPD asset forfeiture account. Fiscal Impact There is no direct fiscal impact by the execution of the federal equitable share agreement and annual certification report. Attachmentfs) 1. Copy of Equitable Sharing Agreement and Certification OMB Number 1123-0011 Expires November 30,2018 Equitable Sharing Agreement and Certification U7 NCICIORIITracking Number: CA0197300 Agency Name: City Of Vernon Police Department Type: Police Department Mailing Address:4305 Santa Fe Avenue Vernon CA 90058 Finance Contact Name: Calleros, Chief Daniel Phone:3235875171 Email:dcalleros@covpd.org ESAC Preparer Name: Melgar,Angela Phone:(323)583-8811 Email:amelgar@ci.vemon.ca.us Last FY End Date: 6/30/2016 Agency Current FY Budget: $10,340,108.00 Annual Certification Report Sumrnary of Equitable Sharing Activity Justice Funds 1 Treasury Funds 1 Begining Equitable Sharing Fund Balance $509,218 89 $53,577.68 (Must match Ending Balance from pnor FY) 2 Equitable Sharing Funds Received $433,939 99 $0.00 3 Equitable Sharing Funds Received from Other Law $0 00 $0.00 Enforcement Aq_encies and Task Force(Complete Table B) 4 Other Income $0.00 $0.00 15 Interest Income $2,270.71 $0.00 g 'Total Equitable Sharing Funds Received(total of lines 1-5) $945,429 59 $53,577.68 7 JEquitable Sharing Funds Spent(total of lines a-n below) $250,881.30 $5,568.75 8 Ending Equitable Sharing Funds Balance $694,548.29 $48,008.93 (ci ference between line 7 and line 6) t:eaanment cf ,ushce Asses Farfeiture Program particpants are FBI,DEA,ATF.USPIS,USDA.DCSIS.DSS and;DA 2Department of the Treasury Asset Forfeiture Program participants are:IRS,ICE,CBP and USSS Summary of Shared Funds Spent Justice Funds Treasury Funds a Law enforcement operations and investigations $13,358.74 $0.00 b training and education $3,100.00 $0.00 c Law enforcement, public safety and detention facilities $0.00 $0 00 d Law enforcement equipment $175,204.23 $5,568.75 e Joint law enforcement/public safety operations $0 00 $0.00 f Contracting for services $0.00 $0.00 g Law enforcement travel and per diem $0 00 $0.00 h Law enforcement awards and memorials $0 00 $0.00 i Drug, gang and other education or awareness programs $0,00 $0.00 t Matching grants(Complete Table C) $0 00 $0.00 k Transfers to other participating law enforcement $0 00 $0.00 agencies(complete Table Dl i Support of community-based programs(complete Table E) $0 00 m Non-categorized expenditures(complete Table F) $0 00 $0.00 n Salaries(Complete Table G) $59,218.33 $0.00 Total $250,881 30 $5,568.75 Date Printed: 8/9/2016 Page 1 of 3 February 2015 Version 3.2 Table B: Equitable Sharing Funds Received From Other Agencies 'Transferring Agency Name Justice Funds Treasury Funds Table C: Matching Grants Matching Grant Name Justice Funds Treasury Funds Table D: Transfers to Other Participating Law Enforcement Agencies Receiving Agency Name Justice Funds Treasury Funds Table E: Support of Community-based Programs Recipient Justice Funds Table F: Non-categorized expenditures in (a) -(n)Above Description Justice Funds Treasury Funds Table G: Salaries Salary Type Justice Funds Treasury Funds Salary- Overtime $59,218.33 Paperwork Reduction Act Notice Lander the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a valid OMB control number. We try to create accurate and easily understood forms that impose the least possible burden on you to complete. The estimated average time to complete this form is 30 minutes. If you have comments regarding the accuracy of this estimate, or suggestions for making this form simpler, please write to the Asset Forfeiture and Money Laundering Section: 1400 New York Avenue, N.W., Washington, DC 20005. Did your agency purchase any controlled equipment? ❑ YES ® NO Date Printed. 8/9/2016 Page 2 of 3 February 2016 Version 3 2 Affidavit Under penalty of perjury,the undersigned officials certify that they have read and understand their obligations under the Equitable Sharing Agreement and that the information submitted in conjunction with this Document is an accurate accounting of funds received and spent by the Agency under the Guide during the reporting period and that the recipient Agency is compliant with the National Code of Professional Conduct for Asset Forfeiture. The undersigned certify that the recipient Agency is compliant with the applicable nondiscrimination requirements of the followinc laws and their implementing regulations: Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794), and the Age Discrimination Act of 1975 (42 U.S.C. §6101 et seq.), which prohibit discrimination on the basis of race, color, national origin, disability, or age in any federally assisted program or activity, or on the basis of sex in any federally assisted education program or activity. The Agency agrees that it will comply with all federal statutes and regulations permitting federal investigators access to records and any other sources of information as may be necessary to determine compliance with civil rights and other applicable statutes and regulations_ During the past fiscal year: (1) has any court or administrative agency issued any finding, judgment, or determination that the Agency discriminated against any person or group in violation of any of the federal civil rights statutes listed above; or(2) has the Agency entered into any settlement agreement with respect to any complaint filed with a court or administrative agency alleging that the Agency discriminated against any person or group in violation of any of the federal civil rights statutes listed above? ❑ Yes ® No Agency Head Name: Calleros, Daniel Title: Chief of Police Email: dcalleros@covpd.org Governing Body Head Name: Fandino Jr., Carlos R. Title: City Administrator Email: cfandino@ci.vemon.ca.us To the best of my knowledge and belief,the information provided on this form is true and accurate and has been duly reviewed and authorized by the Law Enforcement Agency Head and the Governing Body Head whose names appear above.Their typed names indicate their acceptance of and their agreement to abide by the policies and procedures set forth in the Guide to Equitable Sharing for State and Local Law Enforcement Agencies,this Equitable Sharing Agreement,and any policies or procedures issued by the Department of Justice or the Department of the Treasury related to the Asset Forfeiture or Equitable Sharing Programs. ❑ I certify that I am authorized to submit this form on behalf of the Agency Head and the Governing Body Head. Date Printed: 8/9/2016 Page 3 of 3 February 2016 Version 3 2 t RECEIVED � RECEIVED , •\y AUG 0 9 2016 3 AUG 0 3 2016 "{Y CITY ADMINISTRATION CITY CLERK'S OFFICE STAFF REPORT -t y PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT DATE: August 3,2016 TO: Honorable Mayor and City Council FROM: Derek Wieske,Director of Public Works,Water&Development Services Department Originator: Wendy Herrera,Permit Technician RE: MONTHLY BUILDING DEPARTMENT REPORT Enclosed herewith is the Monthly Building Report for the month of July 2016.Thank you. - City of Vernon 4 Building Department * ; Monthly Report from 7/112016 to 7/31/2016 Type Value #of Permits Demolition $30,000.00 1 Electrical $3,535,472 00 22 Grading $48,900.00 1 Industrial- New $20,955,526.00 2 Industrial- Remodel $3,421,671.00 9 Mechanical $1,696,630.00 14 Miscellaneous $1,328,970.00 15 Multi/Residential -Remodel $120,000.00 1 Plumbing $535,300.00 15 Roof $125,298.00 3 July 2016 TOTALS PERMITS: $31,797,767.00 83 PREVIOUS MONTHS TOTAL $46,334,205.B4 344 YEAR TO DATE TOTAL $78,131,972.84 427 July 2015 TOTALS PERMITS: $10,912,221.00 76 PREVIOUS MONTHS TOTAL $37,018,381.30 349 PRIOR YEAR TO DATE TOTAL $47,930,602.30 425 Derek Wieske Director of Public Works, Water&Development Services City of Vernon Building Department Major Projects from 7/1/2016 to 7/31/2016 Valuations> 20,000 Permit No. Project Address Tenant Description Job Value Demolition B-2016-1346 3275 VERNON AVE Coast Packing Demo main entry overhead.900 sq 30000 APN 6303005023 ft 1 Record(s) $30,000.00 Electrical B-2016-1300 3375 FRUITLAND AVE Temporary power for construction of 540000 APN 6303027900 foundation pad for regional fire training center. B-2016-1104 3375 FRUITLAND AVE Insallation of Underground electrical 85000 APN 6303027900 condiuts, switch gear, lighting and outlets B-2016-1302 4201 FRUITLAND AVE Change 4000 APM main breaker 32000 APN 6304027018 B-2015-0501 4700 ALCOA AVE New electrical for industrial building. 454529 APN 6303019011 B-2015-0823 5370 BOYLE AVE 1200 amp service, site lighting and 73650 APN 6310008012 exhaust fan hookup for shell building. B-2015-0826 5001 SOTO ST Electrical for new warehouse and 250000 APN 6308002022 office improvements. B-2015-0653 3200 SLAUSON AVE T.I. Electrical interior offices. 100000 APN 6310027023 B-2016-1165 3250 44TH ST Install 1200 amp main services 65000 APN 6303016007 B-2016-1123 5119 DISTRICT BLVD TI 995000 APN 6314003900 B-2016-1134 3305 BANDINI BLVD Build out existing 35,264 of vancant 907593 APN 6303001005 space 10 Record(s) $3,502,772.00 Grading B-2016-1106 3375 FRUITLAND AVE Grading 48900 APN 6303027900 1 Record(s) $48,900.00 Industrial -New B-2015-0825 5001 SOTO ST 118,714sq.ft. New construction- 9563599.84 APN 6308002022 industrial warehouse B-2015-0396 5370 BOYLE AVE One warehouse Shell building, trash 11391926.16 APN 6310008012 enclosure, light past standards, screen walls, retaining walls, wroght iron fences/gates and site works. 5370 Boyle 2 Record(s) $20,955,526.00 Industrial -Remodel B-2015-0652 3200 SLAUSON AVE T.I. for new building. 280000 APN 6310027023 B-2016-1233 4575 DISTRICT BLVD Tenant improvement-install interior 40000 APN 6304020033 walls B-2016-1234 4599 DISTRICT BLVD Tenant improvement-install interior 40000 APN 6304020033 walls, cutting openings in wails and roof. Plans filed with B-2016-1233. B-2016-1122 5119 DISTRICT BLVD TI for 76,883 new cooled storage 2743671 APN 6314003900 and prossing areas B-2016-1178 3007 FRUITLAND AVE Interior tenant improvement(non- 200000 APN 6303029009 bearing partition wall) B-2016-1152 4489 BANDINI BLVD Bakery Depot New walk in cooler 70'x18'=1260 50000 APN 5243018011 sq.ft. 10'x10"ceiling height. B-2016-1138 2881 SACO ST Existing office space renovation 40000 APN 6302009037 7 Record(s) $3,393,671.00 Mechanical B-2016-1147 5119 DISTRICT BLVD Amazon Fresh HVAC&Refrigeration, TI 850000 APN 6314003900 B-2015-0822 5370 BOYLE AVE 4 warehouse fans and electric. rm. 31500 APN 6310008012 exhaust fan for shell building. B-2016-1292 4575 DISTRICT BLVD 16 new reznor heaters, 7 new 283000 APN 6304020033 exhaust fans, ductwork&air distribution B-2016-1187 3007 FRUITLAND AVE Replacing 1 roof top unit&Adding 35000 APN 6303029009 (N)3-5 ton AC unit for increase office area. B-2016-1112 4700 ALCOA AVE Refrigeration for new dough and 63750 APN 6303019011 yeast cooler B-2015-0654 3200 SLAUSON AVE T.I.-(5) HVAC Units (1) Exhaust fan 50000 APN 6310027023 for new building_ B-2015-0827 5001 SOTO ST Mechanical for new warehouse and 130000 APN 6308002022 office improvement. B-2016-0932 3055 44TH ST Regenerative Thermal Oxidizer 150000 APN 6303012041 Equipment Value. (FIW: B-2016- 0931) B-2016-0933 3055 44TH ST Duct work for the Regenerative 68380 APN 6303012041 Thermal Oxidizer. (B-2016-0931) 9 Record(s) $1,661,630.00 Miscellaneous B-2016-1105 3375 FRUITLAND AVE Insallation of block wall and wrought 123000 APN 6303027900 iron fence B-2016-1220 5000 PACIFIC BLVD Mrs. Gooch's Installation of Pallet Rack 25000 APN 6308003901 natural B-2016-1235 5100 BOYLE AVE Miscellaneous concrete slab 15'x42' 25000 APN 6303028014 B-2016-1295 3305 BANDINI BLVD Demo slab 28000 APN 6303001005 B-2016-1084 3375 FRUITLAND AVE installation of foundation for fire 41750 APN 6303027900 dept. training center&for installation of foundation for propane tanks B-2016-1250 5119 DISTRICT BLVD Insulated ceiling and wall panels 925000 APN 6314003900 B-2016-1283 3251 SLAUSON AVE Installation of storage racks--see 117000 APN 6310006013 fire permit C-2016-0483 for high pile storage 7 Record(s) $1,284,750.00 MultilResidential -Remodel B-2016-1017 4323 FURLONG PL Remodel interior+ exterior of 120000 APN 6302017901 homes, interior and exterior renovation. 1 Record(s) $120,000.00 Plumbing B-2016-1146 5119 DISTRICT BLVD Amazon fresh Plumbing for water, waste, 250000 APN 6314003900 restrooms and process areas. B-2016-1079 5370 BOYLE AVE Storm Drain LID 30000 APN 6310008012 B-2015-0655 3200 SLAUSON AVE T.I. plumbing interior, Restrooms, 70000 APN 6310027023 gas line B-2015-0828 5001 SOTO ST Plumbing for new warehouse and 115000 APN 6308002022 office improvements B-2015-0824 5370 BOYLE AVE Water and sewer for shell building 32150 APN 6310008012 and site. 5 Record(s) $497,150.00 Roof B-2016-1285 2110 51ST ST Recover approx 34,800 sq ft of 81000 APN 6308016007 existing roof wl 4 ply built up roofing system and replace 11 (4x8) curbmount smoke vents B-2016-0953 4900 SOTO ST Install polyurethane sprayed foam 28898 APN 6303023008 roofing with acrylic topcoat 2 Record(s) $109,898.00 45 Permit(s) Total $31,604,297.00 _ ,40�,,Ove Derek Wieske Director of Public Works, Water& Development Services City of Vernon Building Department * New Buildings Report-July 2016 5370 Boyle Ave GAA Architects One warehouse shell 201,662 sq. ft. Derek Wieske Director Public Works, Water&Development Services City of Vernon Building Department ° Demolition Report-July 2016 George Bryant Construction, Inc. 3275 Vernon Ave 900 sq.ft. Derek Wieske Director of Public Works, Water& Development Services City of Vernon Building Department Status of Certificates of Occupancy Requests * ~� Month of July 2016 Request for Inspection 20 Approved 10 Pending 295 Temporary Occupancies 21 Derek Wieske Director of Public Works, Water& Development Services City of Vernon Certificate of Occupancy Applications Date From 7/112016 to 7/31/2016 Issued Permit No. Proiect Address Tenant Description_ Fees Paid Square Feet Certificate of Occupancy C-2016-0469 2680 BONNIE BEACH Vegwest Farms Wholesale produce 30000 5000 APN 5243019017 C-2016-0470 2101 51ST STREET Two Lads Manufacture metal 300.00 3000 APN 6308015040 accessories for C-2016-0471 2422 28TH STREET Samtet, Inc. Whrse. house decor 68900 28184 APN 6302005007 C-2016-0472 5001 HAMPTON STRE EZ Sewing & Finishing Inc. Garment sewing 68900 6058 A C-2016-0473 2829 SANTA FE Itsme Jean, Inc. Warehouse jeans 689.00 32000 APN 6302006025 C-2016-0474 2848 LEONIS BLVD Paper Trade LLC Desing apparel& 300.00 4600 APN 6303023006 warehouse C-2016-0475 5275 DISTRICT BLVD Make Space Labs Inc. Warehouse general 689.00 38622 APN 6314001903 C-2016-0477 2468 26TH STREET Service Mailers Inc. Mailingllettershop 689.00 23000 APN 6302004012 C-2016-0478 5008 BOYLE AVENUE David Garment Cutting Fabric cutting 940.00 129,269 APN 6303028015 C-2016-0479 3000 SANTA FE AVE FTP Warehousing 30000 1800 APN 6302005013 C-2016-0480 4626 PACIFIC BLVD MEX Apparel LLC Storage fabric 300.00 5000 APN 6308004010 C-2016-0481 3385 LEONIS BLVD Service Air Cargo Warehouse elevator 815.00 50978 APN 6303019014 C-2016-0482 2045 VERNON AVE Wise Universal Inc. Office use 300.00 1692 APN 6302017024 C-2016-0483 4592 48TH STREET 10 Produce LLC Warehouse&distr. 689.00 19920 APN 6304018023 Produce C-2016-0484 2115 ANDERSON ST SK Style Sewing contractor 30000 3168 APN 6308019030 C-2016-0485 5601 BICKETT ST LA Indigo Studio Inc. dba Wholesale clothing 300.00 1200 APN 6310015036 C-2016-0486 4930 HAMPTON ST Gans Ink &Supply Co., Inc. Warehouse paper& 689.00 10000 APN 6308010042 plastic C-2016-0487 2211 27TH STREET GB US INC. Warehouse general 689.00 12000 APN 6302008025 merchandise C-2016-0476 3359 50TH STREET A&A Global Imports Inc. Warehouse general 1,880.00 137,402 APN 6303026001 COO-002-560 3221 46TH STREET Lopez Produce&Trucking Truck terminal 400.00 4000 APN 6314003900 Total for Certificate of Occupancy: 70,958.00 516,893.00 z Permits(s) Total Fees 10.958 00 city 0f Vemon Cal to of Occupancy bsued Dab From 7/112016 to 713V M iacuoa ParmKNo Pro' eAudwss Ttnarrt O►*tn on Fees PA id S uarwFeel C4"Acab of Occupancy 717/2016 C-2015-0077 3167 BANDINI BLVD RAJ EnrrPrhs Ine.�Cash hL Cary Warehousing of�" °$9"`} 9,729 APN 6303001008 n7 hdmndise 717/2016 G2016-0370 2801 LEONIS BLVD Doubts Zaro,Inc Showroom 689 00 11.000 APN OW3022003 MW2016 G2015-OM 3183 BANDINI BLVD S"s West,tr+c. Wanfwu rQ of 9-OM 68900 27,200 APN 6303001008 meru+rlkse 711412016 C-2016.0410 4461 SANTA FE AVE Cherish APpuel.Ine• GWYMM^wwbM#V G 68900 36'000 APN 8308012016 7119/2016 C-2015-OM 2634 26TH STREET Rouble Furrdilq Inc. Truck tenr~cook" 68900 8.540 APN 6302001030 7 11 912 0 1 6 G2016-0420 3201 BANDINI BLVD IMM'. a Irlc Manufectmv of 1,378 00 146M APN W03061006 7119=16 G2015-0421 3201 BANDINI BLVD D STRIKT INC Office kawgarnlenl design 600 00 3000 APN 6303001000 7/19/2016 C-2015-0021 4501 SOTH STREET CHW,k1e Cwme"t manufack"A 689 00 20,000 APN 0304017012 warehouse 71IW2016 C-2016-0392 2357 49TH STREET IC Mode,Ir1c, wrlubclruino of 659 00 8.400 APN 7/2712016 C-2016-0370 55W SOTO STREET Muir.Inc warehousmg of germar" 68900 46,000 APN 6310015021 Tool for cwwfcm a of 00crrpanoy: $7.101 186,540 Tatar Fees Paid =' 10 Permits(s) v RECEIVED ° AUG 1 1 2016 STAFF REPORT CITY CLERK'S OFFICE CITY ADMINISTRATION DATE: August 1,6, 2016 TO: Honorable Mayor and City Council FROM: Carlos R. Fandino,Jr., City Administrator Originator: Diana Figueroa, Administrative Secretary RE: Appointment of Interim Director of Human Resources Recommendation A. Find that appointment of Lisette Grizzelle as the Interim Director of Human Resources is exempt from California Environmental Quality Act ("CEQA") review, because it is a general administrative 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 appointing Lisette Grizzelle to serve as the Interim Director of Human Resources effective August 18, 2016. Background Director of Human Resources Isaac Garibay will be discontinuing his employment with the City effective August 18, 2016. In order to ensure that the Human Resources Department is not without leadership, it is recommended that Senior Human Resources Analyst Lisette Grizzelle be appointed to serve as Interim Director of Human Resources, effective August 18, 2016. Ms. Grizzelle previously served as the Interim Director of Human Resources from November 2, 2015 through May 2, 2016. As a Senior Human Resources Analyst, Ms. Grizzelle is a classified FLSA exempt manager in the Human Resources Department and serves as the second in command. Ms. Grizzelle has over twelve years of human resource management experience in public sector employment. Ms. Grizzelle has broad experience in labor and employment law and possesses both Masters and Bachelors Degrees in Business Administration. She is in the process of completing her Doctorate Degree in Business Administration with emphasis in Management. Page I of 2 Additionally, Ms. Grizzelle possesses certificates of completion for Labor Relations Academy - Negotiations Simulation and Strategy and Advanced Labor Relations Academy — Tools for Experienced Negotiators. Ms. Grizzelle's labor relations experience includes extensive participation in meet and confer processes and serving as a resource person during contract negotiations with various labor groups. Ms. Grizzelle has extensive experience and training in all facets of Human Resources, including but not limited to, recruitment and retention matters, classification and compensation studies and review, harassment and discrimination complaints and investigations, effective leadership, employee training and development, and applicable statutes like the Fair Labor Standards Act, the Family Medical Leave Act, and the Americans with Disabilities Act. Ms. Grizzelle is a member of several Human Resources professional organizations, such as the International Public Management Association for Human Resources (IPMA-HR), the Southem California Public Management Association -- Human Resources (SCPMA-HR), the Southern California Public Labor Relations Council (SCPLRC), and the California Public Employers Labor Relations Association (CALPELRA), which provide a broad professional network and help her stay up to date on emerging trends and issues in the Human Resources industry. Given Ms. Grizzelle's qualifications, education, work experience, training and familiarity with Human Resource's programs, policies, and procedures, she is well suited to serve as the Interim Director of Human Resources. The Hawkins Company has been retained to conduct an executive recruitment to fill the position of Director of Human Resources on a permanent basis. Staff will keep Council apprised of the status of the recruitment as it progresses. Fiscal Impact The cost incurred by tilling the Director of Human Resources position on an interim basis with an existing staff member will be absorbed in the existing department budget for 2016/2017. Attachment(s) 1. Resolution Appointing Interim Director of Human Resources Page 2 of 2 RESOLUTION NO . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPOINTING LISETTE GRIZZELLE TO SERVE AS THE INTERIM DIRECTOR OF HUMAN RESOURCES OF THE CITY OF VERNON WHEREAS, as of August 18, 2016, the Human Resources Director position of the City of Vernon will be vacant; and WHEREAS, the City of Vernon (the "City" ) , has retained the services of The Hawkins Company, to recruit a Director of Human Resources for the City; and WHEREAS, the City Council of the City of Vernon desires to appoint Lisette Grizzelle to serve as Interim Director of Human Resources while the City conducts an executive recruitment to fill the position of Director of Human Resources on a permanent basis . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1 : The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2 : The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA) , because it is a general administrative 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 : The City Council of the City of Vernon hereby appoints Lisette Grizzelle to serve as the Interim Director of Human Resources of the City of Vernon, effective August 18 , 2016, until such time as the City Council approves her removal or appoints another person to the position of Director of Human Resources. SECTION 4 : The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the City Clerk' s, or Deputy City Clerk' s, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 16th day of August, 2016 . Name : Title: Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: zayriA koussa, Senior Deputy City Attorney 2 STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, August 16, 2016, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of August, 2016, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) 3 - FED AUG i I • ctin CLERK'S OFFiGE STAFF REPORT CITY ADMINISTRATION DATE: August 16, 2016 TO: Honorable Mayor anti City Council FROM: Carlos R. Fandino, Jr., City Administrator Originator: Diana Figueroa, Administrative Secretary RE: 24th Annual "Sabor de Mexico Lindo Downtown Festival" Recommendation A. Find that the approval of the City of Vernon's partnership with the Greater Huntington Park Area Chamber of Commerce to co-host the "Sabor de Mexico Lindo Downtown Festival" is exempt from California Environmental Quality Act ("CEQA") review, because it is a general administrative 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 the City of Vernon's partnership with the Greater Huntington Park Area Chamber of Commerce to co-host the "Sabor de Mexico Lindo Downtown Festival" located in Vernon on Pacific Blvd., between Leonis Blvd. and Santa Fe Ave_ The festival is scheduled for September 30—October 2, 2016. Baekaground The "Sabor de Mexico Lindo Downtown Festival" is an annual celebration that honors the culture of Mexico and National Hispanic Heritage Month through music, dancing, food, displays, arts and crafts, and entertainment. It is a family-oriented, free public event which attracts approximately 200,000 people over a period of three days. Attendees travel to the festival from neighboring cities and from all areas of Southern California. This year's festival is scheduled for presentation from September 30—October 2, 2016. As a major cultural celebration in the southeast region, the festival hosts nearly 100 exhibitor booths consisting of food vendors, arts and crafts presentations, and corporate displays. Page 1 of 3 Activities are plentiful with two separate concert stages for live entertainment; two areas of amusement rides for all ages; a petting zoo with pony rides; a Plaza de Mariachi; a BMX Experience Stunt Show; a children's activity day program with a Pinata contest; and a free community health fair. Anticipating the attendance of thousands of families, businesses large and small are encouraged to participate and promote their services and products. The event is a prime opportunity for industries to increase their visibility in the community. This large scale event is typically presented in the heart of Huntington Park. This year, due to Huntington Park's major Downtown Revitalization Project, the usual location on Pacific Blvd. will not be accessible during the proposed festival date range, as construction will be underway. In an effort to continue the tradition of the festival, the Greater Huntington Park Area (GHPA) Chamber of Commerce has approached Vernon, its neighboring city, to inquire about the possibility of establishing a partnership to co-host the event. Historically, the `°Sabor de Mexico Linda Downtown Festival" has received international and national media coverage on the day of the Opening Ceremonies and throughout the entirety of the three day event. This year's event will once again be supported and co-sponsored by media partners KTLA, Channel 5, KVEA, Channel 52, various newspapers, magazines, and radio. Each will run advertisements that promote the event. If the City of Vernon elects to partner with the GHPA Chamber of Commerce as a co-host, Vernon would reap the benefits of such promotions. Vernon's logo would be included in scheduled commercials for the event, and opportunities to feature City representatives in television segments would be granted. This event is perfectly aligned with the City of Vernon's Good Neighbor initiative. As such, City staff recommend that City Council approve Vernon's partnership with the GHPA Chamber of Commerce to co-host this high profile festival which is of great benefit to the people who reside and work in our region. Coordination and planning is key for an event of this magnitude. City staff is currently working in conjunction with the GHPA Chamber of Commerce to analyze the specific requirements for the "Sabor de Mexico Lindo Downtown Festival". Should City Council elect to pursue the partnership to co-host the festival, a more detailed itemization of event components would be provided at an upcoming City Council meeting. Logistical considerations will include the following: • Public Safety—staffing, event layout, coordination • Set-Up/Tear Down—installation coordination, safety, street closures • Health Permits/Health Regulations—applications, inspections • Fire Safety— fire lanes, accessibility • Parking—parking passes, public parking, designated locations • Traffic Authority—MTA notification, re-routing of public transportation • Business Outreach—dissemination of information, notices • Banners—identify locations, encroachment permitting Page 2 of 3 Fiscal Impact All expenses incurred by the City of Vernon related to the "Sabor de Mexico Lindo Downtown Festival" will be reimbursed by the GHPA Chamber of Commerce. Attachment(s) None. Page 3 of 3 RECEIVED AUG 10 2016 RECEIVED CITY CLERK'S OFFICE AUG 10 2016 STAFF REPORT CITY ADMINISTRATION FINANCE DEPARTMENT DATE: August 16,2016 TO: Honorable Mayor and City Council FROM: William Fox,Director of Finance VJ �— RE: Authorization to Enter into a Contract with PFM Financial Advisors LLC (PFM) for Financial Advisory Services for Fiscal Years 2017 through 2019 Recommendation A. Find that entering into a contract with PFM Financial Advisors LLC (PFM), a registered advisor to provide financial advisory services is exempt under the California Environmental Quality Act (CEQA). The scope of the work to be performed is a continuing administrative 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. In addition, even if was determined to be a project, it would be exempt from CEQA review in accordance with Section 15061(b)(3), the general rule is that CEQA only applies to activities that may have a significant effect on the environment; and B. City Council to authorize the City Administrator to execute a three year professional services agreement with the financial advisory getup, PFM, in substantially the same form as submitted herewith, to perform financial advisory services. The proposed contract is exempt from competitive bidding pursuant to City Code Article IV Section 2.17.12(A) (10), referring to contract for professional services. It is recommended that the City Council find that the agreement is also exempt from competitive selection based on the determination that it is in the best interest of the City to approve a direct award of the contract pursuant to City Code Article IV Section 2.17.12(B)(2)based upon PFM's firm expertise and technical merit. Backeround Although exempt from a competitive selection process, in 2013, the City performed a Request for Proposal (RFP) for financial advisory services. BLX Group LLC (BLX) had been the City's financial advisor since fiscal year 2002. A thorough solicitation process was conducted. This included forwarding the RFP to five financial advisory firms that specialize in municipal government and placement of the RFP on the City's website for other interested firms to participate. A total of two proposal responses were received. The two responses were from BLX, the City's incumbent financial advisory firni, and PFM. Both firms were evaluated based on a competitive selection process, in which the evaluation of proposals was not strictly based upon pricing. Technical merit, firm expertise, and capacity were given significant consideration in the selection process. There were four selection criteria that were evaluated consisting of qualifications, cost, responsiveness, and professional references. The end result was that PFM was unanimously selected by the interviewing panel. On August 6, 2013, the City entered into a professional services agreement with the PFM for financial advisory services for fiscal years 2014-2016. The proposed cost for each of the three years was$200,000 for a grand total, not to exceed amount of$600,000. The actual charges for the three year period were $174,558, which was $425,422 less than the authorized contract amount of$600,000. The majority of the costs that were incurred were in fiscal year 2016 when there was a $111.7 million bond restructuring and termination of two interest rate swap agreements totaling $36.3 million_ PFM's outstanding financial guidance and technical expertise helped provide cash flow savings to assist in meeting operational requirements. More recently, PFM has assisted the City in dealing with the external bond rating agencies by providing financial modeling services and counsel to help ensure that the public and bond holders' confidence is maintained. The agreement with PFM referenced within this staff report has been reviewed and approved as to form by the City Attorney's Office. Fiscal Impact The terms of the proposed agreement with PFM for financial advisory service for fiscal years 2017 through 2019 are the same as in the previous agreement. The total contract cost will be $200,000 a year for a grand total, not to exceed $600,000. No costs are incurred unless financial advisory services are provided. It is anticipated during the term of this agreement the City will be doing a bond financing. The approved fiscal year 2017 budget has sufficient funds for any financial advisory services required. Attachments I. Agreement between PFM Financial Advisors, LLC and the City of Vernon SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND PFM FINANCIAL ADVISORS, LLC FOR FINANCIAL ADVISORY SERVICES FOR FISCAL YEARS 2017 THROUGH 2O19 COVER PAGE Contractor: PFM Financial Advisors, LLC Responsible Principal of Contractor: Mike Ber ,wanger, Managing Director Notice Information -Contractor: PFM Financial Advisors, LLC 601 S. Figueroa Street, Suite 4500 Los Angeles, CA 90017 Attention: Mike Berwanger, Managing Director Phone: (213)489-4075 Facsimile: (213)489-4085 Notice Information -City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: William Fox, Finance Director Telephone: (323) 583-8811 ext. 849 Facsimile: (323) 826-1433 Commencement Date: August 7, 2016 Termination Date: August 6, 2019 Consideration: Total not to exceed $200,000.00 per calendar year or grand total of$600,000.00 (includes all applicable sales tax); and more particularly described in Exhibit A Records Retention Period Three(3)years, pursuant to Section 9.19 1 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND PFM FINANCIAL ADVISORS, LLC FOR FINANCIAL ADVISORY SERVICES FOR FISCAL YEARS 2017 THROUGH 2O19 This Contract is made between the City of Vernon ("City'), a California charter City and California municipal corporation ("City"), and PFM Financial Advisors, LLC, a limited liability corporation ("Contractor"). The City and Contractor agree as follows: 1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the City Council on August 16, 2016. 2.0 SCOPE OF SERVICES. 2.1 Contractor shall perform all work necessary to complete the services set forth in the Proposal dated August 8, 2016, Exhibit"A", which is attached to and incorporated into this Contract, by reference. 2.2 All services shall be performed to the satisfaction of City. 2.3 All services shall be performed according to the standards then prevailing in the financial advisory profession. 3.0 PERSONNEL. 3.1 Contractor represents that it employs, or will employ, at its own expense, all personnel required to perform the services under this Contract. 3.2 Contractor shall not subcontract any services to be performed by it under this Contract without prior written approval of City. 3.3 All of the services required hereunder will be performed by Contractor or by City-approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City. 4.0 TERM. The term of this Contract shall commence on August 7, 2016, and it shall continue until August 6, 2019, unless terminated at an earlier date pursuant to the 2 provisions thereof. 5.0 COMPENSATION AND FEES. 5.1 Contractor has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in and around Los Angeles County for the same services. For satisfactory and timely performance of the services, the City will pay Contractor in accordance with the payment schedule set forth in Exhibit "A". 5.2 Contractor's compensation shall not exceed $200,000.00, per calendar year, without the prior authorization of the City Council and written amendment of this Contract. Contractor's grand total compensation for the entire term of this Contract, including change orders, shall not exceed $600,000.00 without the prior authorization of the City Council and written amendment of this Contract. 5.3 Contractor shall, at its sole cost and expense, fumish all necessary and incidental labor, material, supplies, facilities, equipment and transportation which may be required for furnishing services pursuant to this Contract. Materials shall be of the highest quality. The above Contract fee shall include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related costs and expenses. 6.0 PAYMENT. 6.1 As scheduled services are completed, Contractor shall submit to the City an invoice for the services completed, authorized expenses, and authorized extra work actually performed or incurred according to said schedule. 6.2 Each such invoice shall state the basis for the amount invoiced, including a detailed description of the services completed,the number of hours spent, reimbursable expenses incurred and any extra work performed. 6.3 Contractor shall also submit a progress report with each invoice that describes in reasonable detail the services and the extra work, if any, performed in the 3 immediately preceding calendar month. 6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment. 6.5 City will pay Contractor the amount invoiced within thirty(30)days after the City approves the invoice. 6.6 Payment of such invoices shall be payment in full for all services, authorized costs and authorized extra work covered by that invoice. 7.0 CHANGE ORDERS. The Finance Director shall have the authority to issue change orders for administrative and non-material changes to the scope of services and to the time for performance as long as the change orders do not increase the compensation due to Contractor under this Contract and as long as the time is not extended beyond three years. The City Administrator, shall have the authority to issue administrative change orders to increase the compensation due Contractor under this Contract, but the combined total amount of such change orders shall not exceed $600,000.00. 8.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services; and will give any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's services. 9.0 GENERAL TERMS AND CONDITIONS. 9.1 INDEPENDENT CONTRACTOR. 9.1.1 It is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent or 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 4 of its employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 9.1.2 Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers'compensation insurance benefits. 9.2 CONTRACTOR NOT AGENT. Except as the City may authorize in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise. 9.3 OWNERSHIP OF WORK. All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts, studies, memoranda, computation sheets and other documents prepared by Contractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Contract. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City. 9.4 CORRECTION OF WORK. Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services fumished by Contractor shall not relieve the Contractor from the obligation to correct subsequently discovered defects, inaccuracy or incompleteness. 9.5 WAIVER. The City's waiver of any term, condition, breach or default of this Contract shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. 5 9.6 SUCCESSORS. This Contract shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors and/or assigns. 9.7 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract or any rights hereunder without the prior written consent of the City and approval by the City Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Contract. No assignment shall release the original parties or otherwise constitute a novation. 9.8 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof, including but without limitation, the Vernon Living Wage Ordinance. Violation of any law material to performance of this Contract shall entitle the City to terminate the Contract and otherwise pursue its remedies. 9.9 ATTORNEYS FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. 9.10 INTERPRETATION. 9.10.1 Applicable Law. This Contract, and the rights and duties of the parties hereunder(both procedural and substantive), shall be governed by and construed according to the laws of the State of California. 9.10.2 Entire Agreement. This Contract, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (written or oral). 9.10.3 Written Amendment. This Contract may only be changed 6 by written amendment signed by Contractor and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Contract shall be of no force or effect. 9.10.4 Severability. If any provision in this Contract is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Contract, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Contract. 9.10.5 Order of Precedence. In case of conflict between the terms of this Contract and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Contract shall strictly prevail. The terms of the City's Request for Proposals shall control over the Contractor's Proposal. 9.10.6 Choice of Forum. The parties hereby agree that this Contract is to be enforced in accordance with the laws of the State of California, is entered into and/or is to be performed in the City of Vernon and that all claims or controversies arising out of or related to performance under this Contract shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum. 9.10.7 Duplicate Originals. There shall be two(2)fully signed copies of this Contract, each of which shall be deemed an original. 9.11 TIME OF ESSENCE. Time is strictly of the essence of this contract and each and every covenant, term and provision hereof. 9.12 AUTHORITY OF CONTRACTOR. The Contractor hereby represents and warrants to the City that the Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Contract, and its execution of this Contract has been duly authorized. 9.13 ARBITRATION OF DISPUTES. Any dispute for under$25,000 arising out of or relating to the negotiation, construction, performance, non-performance, breach or any other aspect of this Contract, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery. 9.14 INDEMNITY. Neither party shall be required to indemnify the other except to the extent that liability is allocated pursuant to a court of law, arbitration or other dispute resolution process. 9.15 INSURANCE. Contractor shall procure and maintain insurance of the types and in the amounts set forth below, for the duration of the contract, including any extensions thereof. The cost of such insurance shall be included in the consideration for the services performed. A. Automobile Liability as required by law. B. Contractor shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. 1. Contractor understands that it is an independent contractor, and not entitled to any worker's compensation benefits under any City program. 2. If Contractor contemplates use of employees or subcontractors, it must provide evidence of worker;' compensation insurance in statutory amounts and Employer's Liability insurance with a minimal limit of$1,000,000. per accident. a). If Contractor is exempt, it may execute a "waiver"form certifying that no employees subject to the Labor Code's Workers' Compensation provisions will be used in performance of this contract. 8 b). If Contractor uses subcontractors, it may satisfy this requirement by providing evidence that the subcontractor meets the provisions of the Labor Code. C. Contractor will determine its own needs in procurement of insurance to cover liabilities other than stated above. City will not defend nor indemnify Contractor should it be sued for any reason. D. Prior to commencement of performance, Contractor shall furnish City with evidence of automobile liability insurance and compliance with workers' compensation laws. 9.16 NOTICES. Any notice or demand to be given by one party to the other be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice. If to the City: City of Vernon Attention:William Fox, Finance Director 4305 Santa Fe Avenue Vernon, CA 90058 If to the Contractor: PFM Financial Advisors LLC Attention: Mike Berwanger, Managing Director 601 S. Figueroa Street, Suite 4500 Los Angeles, CA 90017 Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt or upon expiration of three(3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. 9.17 TERMINATION FOR CONVENIENCE (Without Cause). City may terminate this Contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days'written notice to Contractor. If the Contract is thus terminated by City 9 for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractors exclusive remedy for termination without cause. 9.18 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Contract by written notice to the defaulting party. The notice shall specify the basis for the default. The Contract shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. Termination for cause shall relieve the terminating party of further liability or responsibility under this Contract, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of(1)any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. 9.19 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractors records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. The Contractor shall maintain and preserve all such records for a period of at least 3 years after termination of the Contract. The Contractor shall maintain all such records in the City of Vernon. If not, the Contractor shall, upon request, promptly deliver the records to the City of Vemon 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 10 City)expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 9.20 CONFLICT. Contractor hereby represents, warrants and certifies that no member, officer or employee of the Contractor is a director, officer or employee of the City of Vernon, or a member of any of its boards, commissions or committees, except to the extent permitted by law. 9.21 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars($25)for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1% times the basic rate of pay. 9.22 LIVING WAGES Contractor, and any Subcontractor(s), shall comply with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit "B". Upon the City's request, certified payroll records shall promptly be provided to the City. . 9.23 EQUAL_EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit"C". [Signatures Begin on Next Page]. 11 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated in the introductory clause. City of Vernon, a California charter City PFM Financial Advisors LLC, a limited liability and California municipal corporation corporation By: By: Carlos Fandino, City Administrator Name: Title: ATTEST: By: — — Maria E. Ayala, City Clerk Name: Title: APPROVED AS TO FORM: Brian Byun, Deputy City Attorney 12 EXHIBIT A PROPOSAL 13 601 S.Figueroa Street 213-489-4075 Suite 4500 www.pfm.com The PFM Group Los Angeles,CA 90017 August 8, 2016 To: Bill Fox, Finance Director- City of Vernon From: PFM Financial Advisors LLC Subject: Financial Advisory Fee Proposal PFM Financial Advisors LLC ('PFM") is pleased to have the opportunity to continue serving as the City's independent registered municipal advisor("IRMA"). Below please find a list of services to be provided by PFM pursuant to PFM's designation as the City's IRMA. We have separated the scope of services based on services pertaining to (i) Financial Planning and Policy Development and (ii) Transactional work. Our fee proposal follows and is detailed according to type of work PFM may perform. Scope of Services: Financial Planning and Policy Development Services related to Financial Planning and Policy Development upon request of the City: • Assist the City in the formation of Financial and Debt Policies and Administrative Procedures • Review current debt structure, identifying strengths and weaknesses of structure so that future debt issues can be designed to maximize ability to finance future capital needs. This will include, but not be limited to, reviewing existing debt for the possibility of refunding that debt to provide the City with savings • Analyze future debt capacity to determine the City's ability to raise funds for future capital expenses • Assist the City in the development of the City's Capital Improvement Program by identifying sources of capital funding • Assist the City with the development of the City's financial planning efforts by assessing capital needs, identifying potential revenue sources, analyze financing alternatives such as pay-as-you-go, lease/purchasing, short-term vs. long-term financings, assessments, user fees, impact fees, developer contributions, public/private projects, and grants and provide analysis of each alternative and their respective financial and budgetary impacts • Review the reports of accountants, independent engineers and other project feasibility consultants to ensure that such studies adequately address technical, economic, and financial risk factors affecting the marketability of any proposed revenue debt issues; provide bond market assumptions necessary for financial projections included in these studies; attend all relevant working sessions regarding the preparations, review and completion of such independent studies; and provide written comments and recommendations regarding assumptions, analytic methods, and conclusions contained therein • Develop, manage and maintain computer models for long-term capital planning which provide for inputs regarding levels of ad valorem and non-ad valorem taxation, growth rates by operating revenue and expenditure item, timing, magnitude and cost of debt issuance, and project operating and capital balances, selected operating and debt ratios and other financial performance measures as may be determined by the City • Conduct strategic modeling and planning and related consulting PF'� City of Vernon Financial Advrsory Cos!Propiosa! W;F Page 2 • Attend meetings with City's staff, consultants and other professionals and the City • Undertake financial planning and policy development assignments made by the City regarding financings, and financial policy including budget, tax, cash management issues and related fiscal policy and programs • Assist the City in preparing financial presentations for public hearings and/or referendums • Provide special financial services as requested by the City Scope of Services:Debt Transactions This could include short term financings, notes, loans, letters of credit, line of credit and bonds; provided that if the transaction is competitive, the services of the financial advisor will be modified to reflect that process. Services related to these transactions upon the request of the City: • Analyze financial and economic factors to determine if the issuance of bonds is appropriate • Develop a financing plan in concert with City's staff which would include recommendations as to the timing and number of series of bonds to be issued • Assist the City by recommending the best method of sale, either as a negotiated sale, private placement or a public sale. In a public sale, make recommendation as to the determination of the best bid. In the event of a negotiated sale, assist in the solicitation, review and evaluation of any investment banking proposals, and provide advice and information necessary to aid in such selection • Advise as to the various financing alternatives available to the City • Develop altematives related to debt transaction including evaluation of revenues available, maturity schedule and cash flow requirements • Evaluate benefits of bond insurance and/or security insurance for debt reserve fund • If appropriate, develop credit rating presentation and coordinate with the City the overall presentation to rating agencies • Review underwriters' proposals and submit a written analysis summarizing the proposals to the City • Assist the City in the procurement of other services relating to debt issuance such as printing, paying agent, registrar,etc. • Identify key bond covenant features and advise as to the financial consequences of provisions to be included in bond indentures, resolutions or other governing documents regarding security, creation of reserve funds, flow of funds, redemption provisions, additional parity debt tests, etc.; review and comment on successive drafts of bond governing documents • Review the requirements and submit analysis to bond insurers, rating agencies and other professionals as they pertain to the Citys debt obligations rr ITNI City of Vernon F Financial Adwsory Cost Proposal •s Page 3 • Review the terms, conditions and structure of any proposed debt offering undertaken by the City and provide suggestions, modifications and enhancements where appropriate and necessary to reflect the constraints or current financial policy and fiscal capability + Coordinate with City's staff and other advisors with respect to the furnishing of data for offering documents, it being specifically understood that PFM is not responsible for the inclusion or omission of any material in published offering documents * As applicable, advise the City on the condition of the bond market at the time of sale, including volume, timing considerations,competing offerings, and general economic considerations Assist and advise the City in negotiations with investment banking groups regarding fees, pricing of the bonds and final terms of any security offering, and make recommendations regarding a proposed offering to obtain the most favorable financial terms based on contemporary market conditions Arrange for the closing of the transaction including, but not limited to, Mond printing, signing and final delivery of the bonds Fee Proposal PFM will provide the most comprehensive financial advisory services available and will commit all of our unrivaled resources to the City. PFM will guarantee the availability of our core advisory team for the City and would also make available professionals from our larger Public Utility Group as well as other specialist areas as needed for additional support. Bond Transaction Fees. PFM would propose a flat transaction fee of $75,000, but would negotiate a mutually agreed-to fee that could better reflect the size, workload and complexity of a particular transaction(s). We are happy to discuss this proposal in greater detail with you and provide any additional information. Financial Advisory and Special Projects. For special projects and ongoing advisory work not related to a transaction, such as the development of a specific financial model, reserve study or annual credit presentations, PFM would propose to use the following hourly rates: . Employee Title Rate Managing Director $375 Director $350 Senior Managing Consultant $325 Senior Analyst I Analyst $300 Structured Finance Transactions— Gas and Energy Prepayments. For complex transactions, such as gas prepayments or energy prepayments with the use of tax credit structures, PFM will negotiate a mutually agreed upon fee, based on the complexity and amount of work required for the transaction to be completed. As the City has experienced, such transactions are significantly more complicated than traditional structures. For energy prepayments we have typically seen fees from $125,000 to$250,000. We believe the value added reductions of 20% to 30% in the cost of renewable energy—as we have i'! '•i ., City of Vernon Ftnanoal Aawy Cost Proposal Page 4 achieved--more than offset increased fees. PFM's fees have ranged from$50,000 to $125,000 for ongoing gas prepayment transaction management and restructuring efforts but is highly dependent on the nature of the specific work being performed. Structured Product Advisory Services. PFM Asset Management LLC ("PFMAM") professionals would oversee all elements of any derivative or investment related transaction (swap, escrow bid, defeasance, etc.) and the City would have a separate engagement with PFMAM for those services. Like most investment management professionals, PFM Asset Management LLC has a compensation structure based on the nature and size of the "asset" being managed and PFM would propose to negotiate such fees with the City should the City have any interest in such services. Such fee arrangements would be negotiated with the City and be fully transparent to all parties. PFMAM fees are usually set as 213 of one basis point per annum times the notional amount or invested balance outstanding over time, plus $10,000 per transaction. Expenses. In addition to the professional fees outlined above, we would expect to be reimbursed for all out-of-pocket expenses on an actual cost basis(i.e.,we do not charge a multiplier on expenses). Please contact us with any comments, questions, or suggestions. We look forward to continue to working with you. Sincerely, Mike Berwanger Managing Director EXHIBIT B LIVING WAGE PROVISIONS Minimum Livina Wanes: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or$11.55 per hour without health benefits. Paid and Unpaid Days Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. 14 EXHIBIT C EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. 15 4 T q �y AUG 0 2016 A ` �rLr 1V9 C^UG O 9 210116 CITY CLERK'S OFFICE STAFF REPORT CITY A D M 1NISI1BTI0N FIRE DEPARTMENT O DATE: August 16, 2016 TO: Honorable Mayor and City Council FROM: Michael A. Wilson, Fire Chief /�� Originator: Adriana Ramos, Aa4nt ar tive Secretary RE: APPROVAL OF SERVICES AGREEMENT WITH KALMIKOV ENTERPRISES, INC. DBA FIRE APPARATUS SOLUTIONS FOR FIRE APPARATUS MECHANIC SERVICES Recommendation A. Find that approval of the proposed services agreement for Fire Apparatus Mechanic Services 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. Accept the proposal of Kalmikov Enterprises, Inc. dba Fire Apparatus Solutions, as the lowest responsive and responsible bidder and enter into a three-year service contract, in substantially the same form as attached hereto, for an amount not to exceed $405,000.00, for Fire Apparatus Mechanic Services; and C. Reject all other proposals. Background On June 8, 2016, the Fire Department obtained permission from the City Administrator to seek proposals from qualified firms to provide Fire Apparatus Mechanic Services. By contracting routine apparatus maintenance and repairs with a State Certified Fire Mechanic, under the supervision of the Fire Department, staff has identified several beneficial enhancements. The benefits are as follows: reduced liability and increased safety with certified fire mechanics, decreased billable hours and apparatus down time, pump and brake inspections completed on site, and increased identification of potential problems. On June 16, 2016, in compliance with the City's policies and procedures, the Fire Department published the Request for Proposals ("RFP") on the City website and circulated copies of the Page 1 of 2 RFP to qualifying firms. The City received two proposals on June 30, 2016. Proposals were reviewed from the following firms: • Kalmikov Enterprises, Inc. dba Fire Apparatus Solutions • South Coast Emergency Vehicle Service After a thorough review of each proposal, it was determined that Kalmikov Enterprises, Inc. dba Fire Apparatus Solutions to be the most qualified and responsive bidder. An evaluation of each proposal was made based on costs, references, experience, and work plan. The services agreement between the City of Vernon and Kalmikov Enterprises, Inc. dba Fire Apparatus Solutions has been reviewed and approved by the City Attorney's office. Fiscal Impact The total cost of a three-year services agreement will be $405,000.00, with an annual cost not to exceed $135,000.00. Annual funds have been allocated in the 2016-2017 fiscal year budget. Attachment(s) 1. Services Agreement between the City of Vernon and Kalmikov Enterprises, Inc. dba Fire Apparatus Solutions Page 2 of 2 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND KALMIKOV ENTERPRISES, INC. DBA FIRE APPARATUS SOLUTIONS FOR FIRE APPARATUS MECHANIC SERVICES COVER PAGE Contractor: Kalmikov Enterprises, Inc. dba Fire Apparatus Solutions Responsible Principal of Contractor: William Kalmikov, President Notice Information - Contractor: Kalmikov Enterprises, Inc. dba Fire Apparatus Solutions 2763 South Vista Avenue Bloomington, CA 92316 Attention: William Kalmikov, President Phone: (714) 357-9706 Email: fasfire@gmail.com Notice Information - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Michael A. Wilson Fire Chief Telephone:(323) 583-8811 ext. 287 Facsimile: (323) 826-1407 Commencement Date: July 1, 2016 Termination Date: June 30, 2019 Consideration: Total not to exceed $405,000.00(includes all applicable sales tax); and more particularly described in Exhibit C Records Retention Period Three (3) years, pursuant to Section 9.19 August 2013 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND KALMIKOV ENTERPRISES, INC. DBA FIRE APPARATUS SOLUTIONS FOR FIRE APPARATUS MECHANIC SERVICES THIS Contract is made between the City of Vernon ("City"), a California charter City and California municipal corporation ("City"), and Kalmikov Enterprises, Inc. dba Fire Apparatus Solutions, a California corporation ("Contractor"). The City and Contractor agree as follows: 1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the City Council on August 16, 2016 2.0 SCOPE OF SERVICES. 2.1 Contractor shall perform all work necessary to complete the services set forth in the Request for Proposals issued on June 16, 2016, Exhibit "A", and Contractor's proposal to the City ("Proposal") dated June 30, 2016, Exhibit "B", both of which are attached to and incorporated into this Contract, by reference. 2.2 All services shall be performed to the satisfaction of City. 2.3 All services shall be performed according to the standards then prevailing in the profession. 3.0 PERSONNEL. 3.1 Contractor represents that it employs, or will employ, at its own expense, all personnel required to perform the services under this Contract. 3.2 Contractor shall not subcontract any services to be performed by it under this Contract without prior written approval of City. 3.3 All of the services required hereunder will be performed by Contractor or by City-approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City. 2 August 2013 4.0 TERM. The term of this Contract shall commence on July 1, 2016, and it shall continue until June 30, 2019, unless terminated at an earlier date pursuant to the provisions thereof. 5.0 COMPENSATION AND FEES. 5.1 Contractor has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in and around Los Angeles County for the same services. For satisfactory and timely performance of the services, the City will pay Contractor in accordance with the payment schedule set forth in Exhibit "C". 5.2 Contractor's grand total compensation for the entire term of this Contract, including change orders, shall not exceed $405,000.00 without the prior authorization of the City Council and written amendment of this Contract. 5.3 Contractor shall, at its sole cost and expense, furnish all necessary and incidental labor, material, supplies, facilities, equipment and transportation which may be required for furnishing services pursuant to this Contract. Materials shall be of the highest quality. The above Contract fee shall include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related costs and expenses. 6.0 PAYMENT. 6.1 As scheduled services are completed, Contractor shall submit to the City an invoice for the services completed, authorized expenses, and authorized extra work actually performed or incurred according to said schedule. 6.2 Each such invoice shall state the basis for the amount invoiced, including a detailed description of the services completed, the number of hours spent, reimbursable expenses incurred and any extra work performed. 6.3 Contractor shall also submit a progress report with each invoice that describes in reasonable detail the services and the extra work, if any, performed in the 3 August 2013 immediately preceding calendar month. 6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment. 6.5 City will pay Contractor the amount invoiced within thirty (30) days after the City approves the invoice. 6.6 Payment of such invoices shall be payment in full for all services, authorized costs and authorized extra work covered by that invoice. 7.0 CHANGE ORDERS. There is no change order authority provided in this Contract. 8.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services; and will give any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's services. 9.0 GENERAL TERMS AND CONDITIONS. 9.1 INDEPENDENT CONTRACTOR. 9.1.1 It is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent or employee of City and shall furnish such services in its own manner and method except as required by this Contract. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 9.1.2 Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or 4 August 2013 rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits. 9.2 CONTRACTOR NOT AGENT. Except as the City may authorize in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise. 9.3 OWNERSHIP OF WORK. All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts, studies, memoranda, computation sheets and other documents prepared by Contractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Contract. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City. 9.4 CORRECTION OF WORK. Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services furnished by Contractor shall not relieve the Contractor from the obligation to correct subsequently discovered defects, inaccuracy or incompleteness. 9.5 WAIVER. The City's waiver of any term, condition, breach or default of this Contract shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. 9.6 SUCCESSORS. This Contract shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors and/or assigns. 9.7 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract 5 August 2013 or any rights hereunder without the prior written consent of the City and approval by the City Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Contract. No assignment shall release the original parties or otherwise constitute a novation. 9.8 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof, including but without limitation, the Vernon Living Wage Ordinance. Violation of any law material to performance of this Contract shall entitle the City to terminate the Contract and otherwise pursue its remedies. 9.9 ATTORNEY'S FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. 9.10 INTERPRETATION. 9.10.1 Applicable Law. This Contract, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed by and construed according to the laws of the State of California. 9.10.2 Entire Agreement. This Contract, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (written or oral). 9.10.3 Written Amendment. This Contract may only be changed by written amendment signed by Contractor and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Contract shall be of no force or effect. 6 August 2013 9.10.4 Severability. If any provision in this Contract is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Contract, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Contract. 9.10.5 Order of Precedence. In case of conflict between the terms of this Contract and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Contract shall strictly prevail. The terms of the City's Request for Proposals shall control over the Contractor's Proposal. 9.10.6 Choice of Forum. The parties hereby agree that this Contract is to be enforced in accordance with the laws of the State of California, is entered into and/or is to be performed in the City of Vernon and that all claims or controversies arising out of or related to performance under this Contract shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum. 9.10.7 Duplicate Originals. There shall be two (2) fully signed copies of this Contract, each of which shall be deemed an original. 9.11 TIME OF ESSENCE. Time is strictly of the essence of this contract and each and every covenant, term and provision hereof. 9.12 AUTHORITY OF CONTRACTOR. The Contractor hereby represents and warrants to the City that the Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Contract, and its execution of this Contract has been duly authorized. 9.13 ARBITRATION OF DISPUTES. Any dispute for under $25,000 arising out of or relating to the negotiation, construction, performance, non-performance, breach or any other aspect of this Contract, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having 7 August 2013 jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery. 9.14INDEMNITY. Contractor agrees to indemnify, hold harmless and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part result from, or arise out of, or are claimed to result from or to arise out of: (a) any activity on or use of City's premises or facilities or any performance under this Contract; or (b) any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public). 9.14.1 RELEASE. Contractor agrees to release and covenants not to sue the City, its City Council and each member thereof, and its officers, employees, commission members and representatives for any damage or injury (including death) to itself, its officers, employees, agents and independent contractors damaged or claiming to be damaged from any performance under this Contract. 8 August 2013 9.15 INSURANCE. Contractor shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Contract, including any extensions thereto. The policies shall state that they afford primary coverage. (a) Automobile Liability with minimum limits of at least $100,000/300,000/50,000 if written on a personal automobile liability form, for using a personal vehicle; or an amount of $500,000 including owned, hired, and non-owned liability coverage if written on a Commercial automobile liability form. (b). General Liability with minimum limits of at least $1,000,000 combined single limits written on an Insurance Services Office (ISO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis. Premises/Operations and Personal Injury coverage is required. The City of Vernon, its directors, commissioners, officers, employees, agents and volunteers must be endorsed on the policy as additional insureds as respects liability arising out of the Contractor's performance of this Contract. (i). If Contractor employs other contractors as part of the services rendered, Contractor's Protective Coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein. (c) Garage Keepers legal Liability of$1,000,000 per occurrence and $1,000,000 in aggregate. (d). Contractor shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. Compliance is accomplished in one of the following manners: (1) Provide copy of permissive self-insurance certificate approved by the State of California; or (2) Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability Insurance with a minimal limit 9 August 2013 of$1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Contract; or (3) Provide a "waiver" form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Contract. (e) Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice to City. (f) Insurance shall be placed with insurers with a Best's rating of no less than B: Vill. (g) Prior to commencement of performance, Contractor shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. (h) Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Contractor shall immediately notify City and cease all performance under this Contract until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its option: (1) procure insurance with collection rights for premiums, attorney's fees and costs against Contractor by way of set-off or recoupment from sums due Contractor, at City's option; (2) immediately terminate this Contract; or (3) self-insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Contractor, by way of set-off or recoupment from any sums due Contractor. 10 August 2013 9.16 NOTICES. Any notice or demand to be given by one party to the other be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice. If to the City: City of Vernon Attention: Fire Chief 4305 Santa Fe Avenue Vernon, CA 90058 If to the Contractor: Kalmikov Enterprises, Inc. dba Fire Apparatus Solutions Attention: William Kalmikov, President 2763 South Vista Avenue Bloomington, CA 92316 Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. 9.17 TERMINATION FOR CONVENIENCE (Without Cause). City may terminate this Contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written notice to Contractor. If the Contract is thus terminated by City for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause. 11 August 2013 9.18 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Contract by written notice to the defaulting party. The notice shall specify the basis for the default. The Contract shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. Termination for cause shall relieve the terminating party of further liability or responsibility under this Contract, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of(1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. 9.19 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. The Contractor shall maintain and preserve all such records for a period of at least 3 years after termination of the Contract. The Contractor shall maintain all such records in the City of Vernon. If not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 9.20 CONFLICT. Contractor hereby represents, warrants and certifies that no member, officer or employee of the Contractor is a director, officer or employee of the City of 12 August 2013 Vernon, or a member of any of its boards, commissions or committees, except to the extent permitted by law. 9.21 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1'/2 times the basic rate of pay. 9.22 LIVING WAGES Contractor, and any Subcontractor(s), shall comply with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit "D". Upon the City's request, certified payroll records shall promptly be provided to the City. . 9.23 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit "E". [Signatures Begin on Next Page]. 13 August 2013 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated in the introductory clause. City of Vernon, a California charter City Kalmikov Enterprises, Inc. dba Fire and California municipal corporation Apparatus Solutions, a California corporation By: By: Carlos Fandino, City Administrator Name: Title: ATTEST: By: Maria E. Ayala, City Clerk Name: Title: APPROVED AS TO FORM: Brian Byun, Deputy City Attorney 14 August2013 EXHIBIT A REQUEST FOR PROPOSALS 15 August 2013 City of Vernon Request for Proposals (RFP) Fire Apparatus Mechanic Services OF tv rojtjv 5 ER 19�� LILY IVY City of Vernon Fire Department 4305 Santa Fe Avenue, Vernon, CA 90058 Phone: (323) 583-8811. October 2014 City of Vernon Tire Apparatus Mechanic Services Request for Proposals 1. INTRODUCTION AND PROJECT The City of Vernon is requesting proposals for Fire Apparatus Mechanic Services to perform on-site fire apparatus preventative maintenance and repairs. The City will select one firm, based on demonstrated competence and a cost effective approach to conduct and assist the Fire Department's ongoing objective to improve the performance of its apparatus, ambulances and special service response vehicles by continuing its maintenance practices. 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 2V1 century the lands that make up Vernon were comprised largely of farmlands. The presence of three major rail lines in the area led influential business and property owners to encourage the railroad companies to run spur lines onto the farmlands. These rail extensions enabled the creation of an "exclusively industrial" city. By the 1920's Vernon was attracting large stockyards and meatpacking facilities. In the 1930's Vernon became the location of choice for many heavy industrial plants. As economic conditions changed over the decades, these large scale industrial operations have relocated out of Southern California and Vernon has attracted smaller, lighter industrial facilities. The City's business friendly environment, low cost utilities and key location for trucking and rail transport continue to position Vernon as an ideal location for industrial uses. City Government: The City Council consists of five members, elected at-large, who serve five-year staggered terms. The City Council annually appoints a Mayor and a Mayor Pro Tern from its own membership to serve one-year terms. Labor Force: Vernon has approximately 250 employees, and its departments include a Fire Department, Police Department, Finance Department, Public Works, Water and Development Services Department, Gas and Electric Department and Health and Environmental Control Department. Present bargaining units recognized include the Vernon Police Officers Benefit Association, Vernon Police Management Association, Vernon Firemen's Association, the Vernon Fire Management Association, International Brotherhood of Electrical Workers Local 47, and Teamsters Local 911. 3. SCOPE OF SERVICES REQUIRED The City of Vernon Fire Department is looking for a highly qualified contractor to perform on-site preventative maintenance and repairs to the department's apparatus, which includes, ambulances and other special service response vehicles. Contractor shall demonstrate the capacity to furnish general repair services, preventative maintenance services, emergency repair services, and inspection for Fire apparatus. All inspection findings will be documented and reviewed by the department's representative. - 2 - October 2014 City of Vernon Fire Apparatus Mechanic Services Request for Proposals Contractor is to provide all equipment, labor, materials and services as may be necessary for completing this work. The City of Vernon maintains approximately 19 Fire Apparatus. The number of Fire Apparatus referenced below is subject to change due to budgetary or other constraints. Fire Department Apparatus List. Engine-76/ F109 Manufacture: 2010 Seagrave Capacity: 1500 GPM Engine: Cummins ISM 10.8 1 500 hp. 1550 ft.lb. Transmission: Allision 4000 EVS 5 speed automatic Fluid Capacity Engine Oil: Sae 15w40 Api Ci-4...................39 Qrts Engine Coolant: 50% Antifreeze.......................60 Qrts Chassis Transmission Fluid: Tes 295, Mobil Delvac............47 Qrts Synthetic Atf Pump Transmission Fluid: Dexron Ili..............................8 Qrts Drive Axle Fluid: Sae 80w90................................39.5 Qrts Power Steering Fluid: Dexron Ili..............................2 Qrts Gas/ Diesel Generator: Sae 10w30.................................N/A Hydraulic Generator: Dexron Ili................................N/A Foam System Pump: Sae 30w Non-Detergent..........14 Oz Cab Tilt Fluid: Dexron Ili................................6 Qrts Ladder Rack Fluid: Dexron Ili.................................6 Qrts Ariel Hydraulic Fluid: Shell Tellus T-22.....................N/A Chassis Paint Exterior Colors: Fbch 700328- Red Delfleet Engine-77/ F111 Manufacture: 2016 Pierce Capacity: 1500 G.P.M. Engine: Cummins Isx 12 L 500 Hp. 1645 Ft.Lb. Transmission: Allision 4000 Evs-6 Speed Automatic Pump: Pierce 1500 Single Stage PUC Engine-78/ F112 Manufacture: 2016 Pierce Capacity: 1500 G.P.M. Engine: Cummins Isx 12 L 500 Hp. 1645 Ft.Lb. Transmission: Allision 4000 Evs-6 Speed Automatic Pump: Pierce 1500 Single Stage PUC Engine-79/ F110 Manufacture: 2010 Seagrave Capacity: 1500 G.P.M. Engine: Cummins Ism 10.8 L 500 Hp. 1550 Ft.Lb. Transmission: Allision 4000 Evs 5 Speed Automatic - 3 - October 2014 City of Vernon Fire Apparatus Mechanic Services Request for Proposals Model: Tb5ocm Fluid Capacity Engine Oil: Sae 15w40 Api Ci-4...................39 Qrts Engine Coolant: 50% Antifreeze.......................60 Qrts Chassis Transmission Fluid: Tes 295, Mobil Delvac.........47 Qrts Synthetic Atf Pump Transmission Fluid: Dexron lii..............................8 Qrts Drive Axle Fluid: Sae 80w90................................39.5 Qrts Power Steering Fluid: Dexron lii..............................2 Qrts Gas/ Diesel Generator: Sae 10w30.................................N/A Hydraulic Generator: Dexron Iii................................N/A Foam System Pump: Sae 30w Non-Detergent..........14 Oz Cab Tilt Fluid: Dexron lii................................6 Qrts Ladder Rack Fluid: Dexron lii.................................6 Qrts Ariel Hydraulic Fluid: Shell Tellus T-22.....................N/A Chassis Paint Exterior Colors: Fbch 700328- Red Delfleet Truck-76/F202 Manufacture: 1998 Spartan/ Lti Model: Gladiator 100ft Aerial Engine: Cummins Nt855 Turbo, 6 Cyl. Diesel 855 Cu.ln. Transmission: Allison 5 Spd. Auto Gvw: 65,000 Lbs Length: 58' 10" Height: 12'2" Haz Mat-77/ F306 Manufacture: 2007 Spartan Diamond Elfd, 24" Engine: Cummins Diesel 6 Cylinders Isl 400, 540 Cu.ln. Transmission: Allison 3000evp Fuel Capacity: 68 Gallons Max Gvwr: 44,000 Lbs Front-Gawr: 20,000 Lbs Rear-Gawr: 24,000 Lbs US&R-78/ F309 Manufacture: 2016 Pierce Model: Velocity Hdr Engine: Cummins Isx 12 L 500 Hp. 1645 Ft.Lb. Transmission: Allison 4500 Evs-6 Speed Actual Manufacturer Total Weight: Total Weight: 72,000 Lbs Front Axle: Front Axle: 24,000 Lbs Rear Axle: Rear Axle: 48,000 Lbs Engine-F105 (Reserve) Manufacture: 1994 Seagrave Capacity: 1500 G.P.M. 150 Psi Waterous Pump: Model-Cmuyex Two Stage -4 - October 2014 City of Vernon Fire Apparatus Mechanic Services Request for Proposals Engine: Cummins N14-370 Diesel, 6 Cylinder 370 H.P. Transmission: Allision H.T. 741, 4 Speed Automatic Engine-F106 (Reserve) Manufacture: 1998 Seagrave Capacity: 1500 G.P.M. 150 Psi Waterous Pump: Model-Cmuyex Two Stage Engine: Cummins N14-370et, 6 Cyl. Diesel Transmission: Allison H.D. 5 Speed Auto, Model # H060p Engine-F107 (Reserve) Manufacture: 2002 Seagrave Capacity: 1500 G.P.M. 150 Psi Waterous Pump: Model-Cmuyex Two Stage Engine: Cummins N14-370et, 6 Cyl. Diesel Transmission: Allison H.D. 5 Speed Auto, Model # H060p Engine- F108 (Reserve) Manufacture: 2002 Seagrave Capacity: 1500 G.P.M. 150 Psi Waterous Pump: Model-Cmuyex Two Stage Engine: Cummins N14-370et, 6 Cyl. Diesel Transmission: Allison H.D. 5 Speed Auto, Model # H060p Truck-F203 (Reserve) Manufacturer: 1998 Freightliner/American Lafrance / 3d Mfg Chassis: Alf-134 Engine: Detroit Series 60 Power: 470 Hp Turbo Diesel Transmission: Allison Hd406Opr Retarder: Allison Transmission Accumulator Type Overall Length: 54 Ft. Overall Height: 11 Ft. 5 In. Alternator: Brute B-300 300amp Batteries: (5) Freightliner FI1231 mf Generator: Honda Em5000 Sxk1 Electric Start— Remote Start On Pump Panel With Pilot Light - Gasoline Lighting: (4) Churchville 500 Watt Quartz— Non Telescoping Cord Reel: (1) Hannay With 200 Ft Yellow 10/3 Wire Aerial Ladder: Ai (Aerial Innovations) C4t-105 - 105 Ft. 4 Section Steel With Supplied Air - -6 Deg To 75 Deg Tip Load Capacity:250 Lbs (See Ladder Load Chart On Page 4). Hydraulic Pump: Axial Piston — Variable Displacement— 20 Gpm Fire Pump: Hale Cbp3 — Single Stage — Pto Driven — Non-Oil Prime Pump Capacity: 250 Gpm Water Tank: 200 Gallons Water Tank Level:Sight Gauge Outside Of Roll Up Door (Pump Panel) EPU: Emergency Power Unit — 12 Volt Direct Wired To Battery— 15% Duty Cycle (9 Sec On, 51 Sec Off For Cooling) —1.9 Gpm —1500 Psi 5 October 2014 City of Vernon Fire Apparatus Mechanic Services Request for Proposals Brithing Air: 277 Cubic Feet — Low Air Alarms At 20% Remaining Fluids Capacity Engine Oil: 15w-40, 32 Quarts Transmission: Dextron lii, 54 Quarts Drive Axle: Sae 90, 23.3 Quarts Coolant: 50/50, 62.9 Quarts Power Steering: 15w-40, 10 Quarts Hydraulic: Sun Vis 706 iso Grade 32, 40 Gallons Pump Primer: N/A Pump Gear Case: Ep 90, 1.75 Quarts Cab Tilt: Mil-H-5606, 4 Quarts US&R-F302 (Reserve) Manufacture: 2000 Saulsbury Model: Spartan Advantage li Engine: Cummins Diesel Isc 350 Hp Transmission: Allison Md 3066p 5 Speed Actual-5-4-07 Manufacturer Total Weight: 37,700 Lbs Total Weight: 42,000 Lbs Front Axle- 15,680 Lbs Front Axle- 18,000 Lbs Rear Axle- 22,020 Lbs Rear Axle- 24,000 Lbs US&R Trailer (Reserve) Manufacture: 2004 Foster Model: A.R.U.-285 G.V.W.R. 3850 Rescue Ambulance 78/ F308 2016 Ford E350 Leader Li 96"-148" 6.8 L Triton V10 Gas Rescue Ambulance-F303 (Reserve) 2002 Ford E350 Northstar Paramedic Unit 7.3 Diesel Rescue Ambulance-F307 (Reserve) 2001 Ford E450 Ford Horton Paramedic Unit 7.3 Diesel Battalion-76 2009 Chevy Suburban Battalion-F409 (Reserve) 2003 Ford Excursion V-10 - 6 - October 2014 City of Vernon Fire Apparatus Mechanic Services Request for Proposals 4. QUALIFICATIONS & CRITERIA A. Qualifications: The City of Vernon will select one firm for all of the outlined Scope of Service on the basis of qualifications, experience, and cost. The following are the minimum qualifications to be used to evaluate responses to this Request for Proposal: Each firm must provide certification for the following: • California Fire Mechanics Academy (CA. State recognized) • Emergency Vehicle Technician (Nationally recognized) • Certifications for preventative maintenance, aerial & pump systems through EVT or CFMA • ASE • Meritor axle & brake for disc & drum • Arvin Meritor authorized repair facility Each firm must be capable of performing the following: • Mobile Preventative Maintenance Services, at customers location • Provide 24/7-365 support to department for technical, maintenance, & roadside assistance. Not to be contracted out, but by actual servicing agent (performed in house) due to familiarity of equipment and its function • Perform emergency roadside onsite support • Mobile annual services on fire apparatus • Perform repairs on location while preventative maintenance is in process (Minimizing down time) • Document & explain findings while preventative maintenance is being performed. • Provide customer discounted rates based upon level of repairs performed • Can provide onsite welding of stainless/aluminum/steel, by actual service center (Not contracted). May include body, pump house, cab & or components • Perform in house fabrication of stainless, aluminum & steel • Have software/hardware to connect to & diagnose Cummins engines. • Have software & hardware to connect to ABS ECU -Both Bendix & Wabco • Have software & hardware to connect to Transmission TCU - Allison • Have software/hardware to connect to Immi Rolltek safety systems • Have software/hardware to connect to Weldon multiplexing systems • Have commercial class driver license to properly diagnose/road test/pick up units. • Can program & diagnose Weldon Multiplexing Systems • Performing maintenance in compliance to CA/Federal DOT Standards • Understand air systems to properly diagnose/maintain air systems to comply with standards in accordance to FMVSS121 • Body work to repair : body, cab & chassis to factory level quality ("cut & buff finish") • Capable of performing diagnostics/repairs to 12V do systems, 120/240 ac systems • Capable of performing in house repairs to 12v HVAC systems - 7 - October 2014 City of Vernon hire Apparatus Mechanic Services Request for Proposals • Capable of performing maintenance/repairs to maintain steering, suspension systems • Capable of performing minor engine repair/diagnostics, on site • Capable of performing diagnostics/repairs on charging/starting systems • Capable of providing assistance to 3Id party aerial testing co. in efforts to pass unit, when needed • Capable of performing repairs & diagnostics in order to ensure pumps capable of passing pump testing. • Capable of performing Annual required pump capacity test in accordance to NFPA Standards • Capable of performing diagnostics/repairs to Aerial hydraulics, Genset hydraulics • Have upholstery repairs as needed • Capable to welding/modifying/repairing stainless 304L pump plumbing • Having mobile repair equipment to include air compressor & inventory of parts (apparatus related) • Capable to diagnose/repair driveline & related drive train systems. • Provide pick up/delivery of apparatus when requested • Capable of performing/understanding repairs to following apparatus components: • Foampro • Fire Research Corp. • Waterous U Hale • Weldon • Class 1 c, Akron Elkhart B. Selection Criteria: The City will conduct a comprehensive, fair, and impartial evaluation of proposals received in response to this RFP. All proposals received will be reviewed and evaluated by a committee of qualified personnel. The name, information, or experience of the individual members will not be made available to any proposer. The Evaluation Committee will first review and screen all proposals submitted, except for the cost proposals, according to the minimum qualifications set forth above. The following criteria will be used in reviewing and comparing the proposals and in determining the highest scoring bid: 1. 40% Qualifications, background and prior experience of the firm in the Service Area(s) being proposed, experience of key staff assigned to oversee services provided to Vernon, evaluation of size and scope of similar work performed and success on that work. 2. 30% Cost and fees to the City for handling matters. Cost is not the sole determining factor but will be taken into consideration. Proposer must offer services at a rate comparable to the rate proposer offers to other governmental entities for similar work. Offering a higher rate to the City than the comparable rate is grounds for disqualification of the Proposer. If rates differ for different types or levels of service, or for different - 8 - October 2014 City of Vernon Fire Apparatus Mechanic Services Request for Proposals Service Areas, the Proposer should so state. 3. 10% Responsiveness to the RFP, and quality and responsiveness of the proposal. 4. 20% References including past performance of proposer. 5. FORMAT AND DELIVERY OF RESPONSE Respondents are asked to submit four (4) hard copies and one (1) electronic copy of their proposals in sufficient detail to allow for a thorough evaluation and comparative analysis. The proposal should include, at a minimum, the following information in sectionalized format addressing all phases of the work in the RFP. A. Format: Limit your proposal to 20 typed 8.5" X 11" pages, or fewer, on white bond paper of at least 20-pound weight single sided (excluding cover letter and attachments. You may attach a firm brochure if you wish, but it must be as a separate attachment and independent from the required elements noted above. 1. Use a conventional typeface with a minimum font size of 12 points. Use a 1" margin on all boarders. 2. Organize your submittal in the order described above. 3. Provide one (1) unbound original of your firm's response and one electronic version (via email to mwilson@ci.vernon.ca.us) 4. Prominently label the package: "Fire Apparatus Mechanic Services" and include the name of the primary contact for the respondent. Deliver the response to: City of Vernon Attention: Michael A. Wilson 4305 Santa Fe Avenue Vernon, CA 90058 5. Responses are due on or before 5:00 p.m. on June 30, 2016. Late response will not be accepted. 6. If you have any question about this RFP, please contact Michael A. Wilson at (323) 583-8811 ext. 280. 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 -9 - October 2014 City of Vernon Fire Apparatus Mechanic Services Request for Proposals period. C. Introduction: Present an introduction of the proposal and your understanding of the assignment and significant steps, methods and procedures to be employed by the proposer to ensure quality deliverables that can be delivered within the required time frames and your identified budget. D. General Scope of Work: Briefly summarize the scope of work as the proposer perceives or envisions it for each Service Area proposed. E. Work Plan: Present concepts for conducting the work plan and interrelationship of all projects. Define the scope of each task including the depth and scope of analysis or research proposed. F. Fees and costs: Although an important aspect of consideration, the financial cost estimate will not be the sole justification for consideration. Negotiations may or may not be conducted with the proposer; therefore, the proposal submitted should contain the proposer's most favorable terms and conditions, since selection and award may be made without discussion with any firm. All prices should reflect "not to exceed" amounts per item. Proposer must offer services at a rate comparable to the rate proposer offers to other governmental entities for similar work. Offering a higher rate to the City than the comparable rate is grounds for disqualification of the Proposer. G. Ability of the Proposer to Perform: Provide a detailed description of the proposer and his/her/its qualifications, including names, titles, detailed professional resumes and past experience in similar work efforts/products of key personnel who will be working on the assignment. Provide a list of specific related work projects that have been completed by the proposer which are directly related to the assignment described in this RFP. Note the specific individuals who completed such project(s). Identify role and responsibility of each member of the project team. Include the amount of time key personnel will be involved in the respective portions of the assignment. Respondents are encouraged to supply relevant examples of their professional product. Provide a list of references. The selected firm shall not subcontract any work under the RFP nor assign any work without the prior written consent of the City. H. Affidavit of Non-Collusion. Proposer must submit a completed and signed, "Affidavit of Non-Collusion." (Copy attached as Exhibit A). 7. ADDENDA CHANGES, AND AMENDMENTS TO THIS SOLICITATION At any time prior to the due date for responses, the City may make changes, amendments, and addenda to this solicitation, including changing the date due to allow respondents time to address such changes. Addenda, changes, and amendments, if made, will be posted on the City's website (www.cityofvernon.org), which is deemed adequate notice. A proposer may make a request to the City's project coordinator to be placed on a list of persons to receive notice of any such addenda, changes, or - 10 - October 2014 City of Vernon Fire Apparatus Mechanic Services Request for Proposals amendments. The preferred manner of communications is via e-mail due to its timeliness. 8. CONDITIONS FOR RESPONSES TO RFP The following conditions apply to this RFP process: A. Nothing contained in this RFP shall create any contractual relationship between the respondent and the City. B. This RFP does not obligate the City to establish a list of service providers qualified as prime contractors, or award a contract to any respondent. The City reserves the right to amend or cancel this RFP without prior notice, at any time, at its sole discretion. C. The City shall not be liable for any expenses incurred by any individual or organization in connection with this RFP. D. No conversations or agreements with any officer, agent, or employee of the City shall affect or modify any terms of this RFP. Oral communications or any written/e-mail materials provided by any person other than designated contact staff of City shall not be considered binding. E. The City reserves the right, in its sole discretion, to accept or reject any or all Proposals without prior notice and to waive any minor irregularities or defects in a Proposal. The City reserves the right to seek clarification on a Proposal with any source. F. The dates, times, and sequence of events related to this RFP shall ultimately be determined by the City. The schedule shown above is subject to change, at the sole discretion of the City, although the City will attempt to follow it and, if it must be altered, will attempt to provide reasonable notice of the changes. G. Respondents shall not issue any news release pertaining to this RFP, or the City without prior written approval of the City. H. All submitted proposals and information included therein or attached thereto shall become public record upon delivery to the City Administrator's Office. 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. - 11 - October 2014 City of Vernon Fire Apparatus Mechanic Services Request for Proposals 10. LIVING WAGE The selected consultant shall pay qualifying employees a wage of not less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. The consultant shall also provide qualifying employees at least twelve days off per year for sick leave, vacation or personnel necessity, and an additional ten days a year of uncompensated time for sick leave. There shall be a prohibition on an employer retaliation against an employee's complaining to the City with regard to the employer's compliance with the living wage ordinance. Contractor, and any Subcontractor(s), shall comply with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit "D" of the standard form contract, attached hereto as Exhibit B. Upon the City's request, certified payroll records shall promptly be provided to the City 11. STANDARD TERMS AND CONDITIONS Prior to the award of any work hereunder, City and proposer shall enter into the written contract for services attached hereto as Exhibit B. Proposers responding to this RFP are strongly advised to review all the terms and conditions of the Contract. The term of the Contract shall not exceed three (3) years. - 12 - October 2014 City of Vernon Fire Apparatus Mechanic Services Request for Proposals EXHIBIT A AFFIDAVIT OF NON-COLLUSION - 13 - October 2014 AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR STATE OF CALIFORNIA ) ) SS COUNTY OF LOS ANGELES ) being first duly sworn deposes and says that lie/she is _ (Insert"Sole Owner","Partner" "President,"Secretary",or other proper title) of (Insert name of bidder) who submits herewith to the City of Vernon a 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 Fire Apparatus Mechanic Services Request for Proposals EXHIBIT B STANDARD FORM CONTRACT - 14 - October 2014 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND [CONTRACTOR'S NAME] FOR [BRIEF DESCRIPTION OF SERVICES] COVER PAGE Contractor: [insert name of contractor] Responsible Principal of Contractor: [insert name, title] Notice Information - Contractor: [insert name of contractor] [insert street address] [insert city, state, zip code] Attention: [insert name, title] Phone: [insert phone number] Facsimile: [insert fax number] Notice Information - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: [insert department head] [insert department head title] Telephone: (323) 583-8811 ext. [insert] Facsimile: [insert fax number] Commencement Date: [insert commencement date] Termination Date: [insert termination date] Consideration: Total not to exceed $[insert amount] (includes all applicable sales tax); and more particularly described in Exhibit C Records Retention Period Three (3) years, pursuant to Section 9.19 1 August 2013 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND [CONTRACTOR'S NAME] FOR [BRIEF DESCRIPTION OF SERVICES] THIS Contract is made between the City of Vernon ("City"), a California charter City and California municipal corporation ("City"), and [Contractor's Name], a [State incorporated in] corporation ("Contractor"). The City and Contractor agree as follows: 1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the City Council on 2.0 SCOPE OF SERVICES. 2.1 Contractor shall perform all work necessary to complete the services set forth in the Request for Proposals dated , Exhibit "A", and Contractor's proposal to the City ("Proposal") dated , Exhibit "B", both of which are attached to and incorporated into this Contract, by reference. 2.2 All services shall be performed to the satisfaction of City. 2.3 All services shall be performed according to the standards then prevailing in the [state] profession. 3.0 PERSONNEL. 3.1 Contractor represents that it employs, or will employ, at its own expense, all personnel required to perform the services under this Contract. 3.2 Contractor shall riot subcontract any services to be performed by it under this Contract without prior written approval of City. 3.3 All of the services required hereunder will be performed by Contractor or by City-approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City. 4.0 TERM. MUST SELECT AN ALTERNATIVE AND REMOVE THE LANGUAGE OF ALTERNATIVE NOT SELECTED. [Alternative 1, for services where there is a 2 August 2013 deliverable or specific schedule set forth in the specifications/RFP or in the bid/proposal]. The Contractor shall commence the delivery of services on receipt of a written notice to proceed and shall complete the services on the schedule set forth in Exhibit [Alternative 2, for services of a continuing nature]. The term of this Contract shall commence on [state date], and it shall continue until [state date which may not be more than three years from the commencement date], unless terminated at an earlier date pursuant to the provisions thereof. 5.0 COMPENSATION AND FEES. 5.1 Contractor has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in and around Los Angeles County for the same services. For satisfactory and timely performance of the services, the City will pay Contractor in accordance with the payment schedule set forth in Exhibit "C". 5.2 Contractor's grand total compensation for the entire term of this Contract, including change orders, shall not exceed [state amount] without the prior authorization of the City Council and written amendment of this Contract. 5.3 Contractor shall, at its sole cost and expense, furnish all necessary and incidental labor, material, supplies, facilities, equipment and transportation which may be required for furnishing services pursuant to this Contract. Materials shall be of the highest quality. The above Contract fee shall include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related costs and expenses. 6.0 PAYMENT. 6.1 As scheduled services are completed, Contractor shall submit to the City an invoice for the services completed, authorized expenses, and authorized extra work actually performed or incurred according to said schedule. 6.2 Each such invoice shall state the basis for the amount invoiced, including 3 August 2013 a detailed description of the services completed, the number of hours spent, reimbursable expenses incurred and any extra work performed. 6.3 Contractor shall also submit a progress report with each invoice that describes in reasonable detail the services and the extra work, if any, performed in the immediately preceding calendar month. 6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment. 6.5 City will pay Contractor the amount invoiced within thirty (30) days after the City approves the invoice. 6.6 Payment of such invoices shall be payment in full for all services, authorized costs and authorized extra work covered by that invoice. 7.0 CHANGE ORDERS. MUST SELECT AN ALTERNATIVE AND REMOVE THE LANGUAGE OF ALTERNATIVE NOT SELECTED. [alternative A] There is no change order authority provided in this Contract. [alternative B] The Director of the Department of [identify department] shall have the authority to issue change orders for administrative and non-material changes to the scope of services and to the time for performance as long as the change orders do not increase the compensation due to Contractor under this Contract and as long as the time is not extended beyond three years. The City Administrator, shall have the authority to issue administrative change orders to increase the compensation due Contractor under this Contract, but the combined total amount of such change orders shall not exceed [state amount]. 8.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services; and will give any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's services. 9.0 GENERAL TERMS AND CONDITIONS. 9.1 INDEPENDENT CONTRACTOR. 4 August 2013 9.1.1 It is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent or employee of City and shall furnish such services in its own manner and method except as required by this Contract. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 9.1.2 Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits. 9.2 CONTRACTOR NOT AGENT. Except as the City may authorize in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise. 9.3 OWNERSHIP OF WORK. All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts, studies, memoranda, computation sheets and other documents prepared by Contractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Contract. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City. 5 August 2013 9.4 CORRECTION OF WORK. Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services furnished by Contractor shall not relieve the Contractor from the obligation to correct subsequently discovered defects, inaccuracy or incompleteness. 9.5 WAIVER. The City's waiver of any term, condition, breach or default of this Contract shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. 9.6 SUCCESSORS. This Contract shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors and/or assigns. 9.7 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract or any rights hereunder without the prior written consent of the City and approval by the City Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Contract. No assignment shall release the original parties or otherwise constitute a novation. 9.8 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof, including but without limitation, the Vernon Living Wage Ordinance. Violation of any law material to performance of this Contract shall entitle the City to terminate the Contract and otherwise pursue its remedies. 9.9 ATTORNEY'S FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. 9.10 INTERPRETATION. 6 August 2013 9.10.1 Applicable Law. This Contract, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed by and construed according to the laws of the State of California. 9.10.2 Entire Agreement. This Contract, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (written or oral). 9.10.3 Written Amendment. This Contract may only be changed by written amendment signed by Contractor and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Contract shall be of no force or effect. 9.10.4 Severability. If any provision in this Contract is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Contract, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Contract. 9.10.5 Order of Precedence. In case of conflict between the terms of this Contract and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Contract shall strictly prevail. The terms of the City's Request for Proposals shall control over the Contractor's Proposal. 9.10.6 Choice of Forum. The parties hereby agree that this Contract is to be enforced in accordance with the laws of the State of California, is entered into and/or is to be performed in the City of Vernon and that all claims or controversies arising out of or related to performance under this Contract shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum. 9.10.7 Duplicate Originals. There shall be two (2.) fully signed 7 August 2013 copies of this Contract, each of which shall be deemed an original. 9.11 TIME OF ESSENCE. Time is strictly of the essence of this contract and each and every covenant, term and provision hereof. 9.12 AUTHORITY OF CONTRACTOR. The Contractor hereby represents and warrants to the City that the Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Contract, and its execution of this Contract has been duly authorized. 9.13 ARBITRATION OF DISPUTES. Any dispute for under $25,000 arising out of or relating to the negotiation, construction, performance, non-performance, breach or any other aspect of this Contract, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery. RISK MANAGEMENT TO COMPLETE SECTIONS 9.14 AND 9.15 9.14 INDEMNITY. [INSERT INDEMNITY AND INSURANCE REQUIREMENTS HERE] (alternative A: TYPE I (CITY RISK TRANSFERS TO CONTRACTOR), alternative B: TYPE II (NO TRANSFER OF RISK), alternative C: TYPE III (CONTRACTOR RISK TRANSFERS TO CITY), alternative D: TYPE IV (CONTRACTORS WHO CONTROL CITY PROPERTY), alternative E: TYPE V (DESIGN PROFESSIONAL TYPE SERVICES). 9.15 INSURANCE. 9.16 NOTICES. Any notice or demand to be given by one party to the other be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice. 8 August 2013 If to the City: If to the Contractor: Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. 9.17 TERMINATION FOR CONVENIENCE (Without Cause). City may terminate this Contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written notice to Contractor. If the Contract is thus terminated by City for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause. 9.18 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Contract by written notice to the defaulting party. The notice shall specify the basis for the default. The Contract shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. Termination for cause shall relieve the terminating party of further liability or responsibility under this Contract, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. 9 August 2013 9.19 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. The Contractor shall maintain and preserve all such records for a period of at least 3 years after termination of the Contract. The Contractor shall maintain all such records in the City of Vernon. If not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 9.20 CONFLICT. Contractor hereby represents, warrants and certifies that no member, officer or employee of the Contractor is a director, officer or employee of the City of Vernon, or a member of any of its boards, commissions or committees, except to the extent permitted by law. 9.21 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1112 times the basic rate of pay. 10 August 2013 9.22 LIVING WAGES [AND PREVAILING WAGES WHERE APPLICABLE]. IF PREVAILING WAGES DOES NOT APPLY MAKE SURE TO REMOVE HIGHLIGHTED LANGUAGE BELOW PRIOR TO SUBMITTING FOR APPROVAL. Contractor, and any Subcontractor(s), shall comply with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit "D". Upon the City's request, certified payroll records shall promptly be provided to the City. [FOR PUBLIC WORKS AND RELATED CONTRACTS THE FOLLOWING PROVISIONS MUST BE ADDED] The provisions of California Labor Code 1770, et seq., regarding the payment of prevailing wages on public works, and related regulations, apply to all City contracts. If Living Wage Provisions and Prevailing Wage provisions should both apply to this Contract, Contractor and all of its Subcontractors shall pay the higher of the applicable wages to the extent required by law. 9.23 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit "E". [Signatures Begin on Next Page]. 11 August2013 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated in the introductory clause. City of Vernon, a California charter City [CONTRACTOR'S NAME, a [State and California municipal corporation incorporated in] corporation By: By: Carlos Fandino, City Administrator Name: Title: ATTEST: By: Maria E. Ayala, City Clerk Name: Title: APPROVED AS TO FORM: Hema Patel, City Attorney 12 August 2013 EXHIBIT A REQUEST FOR PROPOSALS 13 August 2013 EXHIBIT B PROPOSAL 14 August 2013 EXHIBIT C SCHEDULE 15 August 2013 EXHIBIT D LIVING WAGE PROVISIONS Minimum Living Wages: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. Paid and Unpaid Days Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. 16 August 2013 EXHIBIT E EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. 17 August 2013 EXHIBIT B PROPOSAL 16 August 2013 2763 South Vista Ave., Bloomington, CA 92316 (714) 357-9706 - FasFire@Gmail.com June 30, 2016 City of Vernon 4305 Santa Fe Ave. Vernon, CA 90058 To: The Honorable City Council Of City of Vernon, California CC: Chief, Michael A. Wilson Dear City Clerk, See enclosed binders in quadruplets and an electronic copy was sent via emailed to mwilson@ci.vernon.ca.us, as requested. While reviewing our bid you will see that Fire Apparatus Solutions meets all requirements and qualifications as per your city's specifications. We also provided sections for certifications and proof of insurance. Thank you for your time and consideration if you have any questions feel free to contact me at (714) 357-9706. Thank you, William Kalmikov President Se ApPara� 'Gin t iRFP Fi*re Apparatus Mechanic Services F- A f 44 City of Vernon Attention: Chief, Michael A. Wilson 4305 Santa Fe Avenue Vernon, CA 90058 ate, qw PH:(714)357-9706 Email:Fasrre( -mail.com '011,twov:, Address:2763S. Vista Ave.,Bloomington,CA92316 TABLE OF CONTENTS CoverPage................................................................................................................................... 2 Introduction ................................................................................................................................. 3 GeneralScope Of Work.........................................................................................................4-5 WorkPlan................................................................................................................................6-10 FeesAnd Cost............................................................................................................................11 City Of Vernon Service Estimate.................................................................................. 12 Ability Of The Proposer To Perform............................................................................... 13-20 Employees Qualifications......................................................................................... 13-18 WorkProjects............................................................................................................... 19-20 References......................................................................................................................... 21 1 PH:(714)357-9706 Email:Fasfire(j gmailxom ` ri atrt�E3 '' Address:2763 S. Vista Ave.,Bloomington,CA 92316 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON FIRE APPARATUS SOLUTIONS FOR FIRE APPARATUS MECHANIC SERVICES COVER PAGE Contractor: Fire Apparatus Solutions Responsible Principal of Contractor: William Kalmikov, President/General Manager Notice Information — Contractor: Fire Apparatus Solutions 2763 South Vista Avenue Bloomington, CA 92316 Notice Information — City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Michael A. Wilson Telephone: (323) 583-8811 Commencement Date: 07/01/2016 Termination Date: 07/01/2019 Consideration: Total not to exceed $ 405,000.00 (includes all applicable sales tax); and more particularly described in Exhibit C Records Retention Period Three (3) years, pursuant to Section 9.19 Proposal shall remain valid for a period (120) days from the date of submittal. rx{ William Kalmikov Kalmikov-President 2 NOP4r#1 r PH:(714)357-9706 Entail:Fasfiret�ir gmail.com `�iq ty4y � Address:2763 S. rista Ave.,Bloomington,CA 92316 INTRODUCTION Fire Apparatus Solutions shop and main office is based in Bloomington Ca. (Rialto). FAS is a full service dealer representing Apparatus sales, service and parts for: Smeal Fire Apparatus, US tanker, Danko, Spartan Chassis, LTI and EVI. FAS business deals only in Fire Apparatus. FAS specializes in PM, major and minor repairs. FAS is a "one stop shop". Customer Service is the Focus of our business. FAS has been in business for over eleven years, with 20+ years of experience. Services Offered ■ Diesel engine repair, diagnostics, ■ Body structure modifications & maintenance (Cummins, Cat, repair, for all manufacturers Detroit) ■ Electrical, multiplexing diagnosis, ■ Allison Transmission repair, starting and charging systems diagnostics, maintenance ■ All chassis related repairs ■ Collision & paint: Fire Industry bumper to bumper in accordance expected quality to DOT/BIT standards ■ Frame straightening, frame ■ Pick-up and delivery repairs ■ Mobile on-site maintenance and ■ Pump repairs: Overhaul, repairs diagnostics, minor repairs, pump ■ Welding on stainless, steel & testing/certification aluminum (MIG/TIG) ■ Aerial major repair/refurbishment: ■ Vehicle towing For specific manufacturers ■ After hours support for ■ Aerial maintenance, repairs & V emergencies party testing, for all mfg. FAS currently holds maintenance contracts and performs ALL service/repairs/maintenance for the following departments: ■ Vernon F.D. (For last 6 years) ■ Loma Linda F.D. (For last 7.5 years) ■ Colton F.D. (For last 3 years) ■ Rialto F.D. (For last 3 years) ■ Riverside Co. F.D. (For last 10 years, contracted for repairs only) In addition to the previous mentioned manufactures FAS services numerous other products. FAS is also an authorized warranty service center for other Apparatus manufacturers. Such as: Seagrave, BME, Rosenbauer, MCB, and Sutphen. Parts department and Inventory FAS is equipped to fulfill all your Apparatus & Chassis equipment and parts needs. FAS maintains a growing inventory for a wide variety of Apparatus & Chassis products for service and parts sales. FAS is an authorized parts distributor for multiple manufactures. 3 PH:(714)357-9706 Entail:Fasrrc tt t?mai1.com `�'q tltoov`' Address:2763 S. rista Ave.,Bloomington,CA 92316 GENERAL SCOPE OF WORK Communication: A point of contact will be established between both parties. Usually a Battalion Chief orAdmin Captain coordinates all types of services with our service manager. Service manager is knowledgeable in troubleshooting & caring for all your types of vehicles being serviced. Prioritizing and directing the flow of work. He will aid the department in identifying any critical service criteria. It will be treated with the utmost urgency. This ranges in all aspects of servicing from breakdowns, to scheduled services and annuals. This will help keep trucks in service, eliminate any vehicle needlessly removed from service, while attending to proper maintenance schedules. Real-time vehicle status tracking: FAS utilizes basic App technology that can be synched on mobile devices, phones and PC's. FAS will maintain a detailed listing of your fleet. Each unit will have an on-going list of repairs or services as needed. This fleet list can be accessed and updated by Engineers and/or a single Point of contact, as well as our FAS Service manager. The department will have the ability to add items that are found on a daily check out (if so desired). They can also update/see anything added by FAS for scheduled maintenance or items found during a compliance inspection. This will help keep all parties be in sync, while giving the customer the ability to refer to a "real time" list and determine condition of vehicle. It will also allow for opportunities to spot check discrepancies themselves. Schedule of maintenance: As outlined in proposal, by type of vehicle. FAS is already familiarized with your department units and their needs based on age, average calls and mileage. Annual Service: The oil change and inspection are usually performed at your location, allowing for us to identify parts needed, troubleshoot problems and pre-order parts. This allows us to minimize down time. These repairs are typically recommended to be brought into FAS shop in order to address all items of concerns that may require: Pump testing/repairs, Ladder repairs, body/structure needing repair and materials fabricated, oil leaks, upholstery issues etc. We are able to work with the department and whatever their needs are. BI-annual service: This service can be performed at the station level. Replacing the basic engine fluids and filters, greasing of chassis, adjustments & Inspections. In addition, repairs that may have been previously communicated or found during the inspection. Your front line units are based on a 6 month interval and the backup units are on a "dry service" (fuel filters only) 6 month inspection service to keep cost under control. Emergency or O.O.S. repairs: This is coordinated usually with service manager via cell and customer personnel, on duty at the station or as determined by department. 4 �` [+PP:tiyfs 4 PH:(714)35 7-9 706 Email.Fasfre(gmail.com �i�� p' Address:2763 S. ristnAve.,Bloomington,CA 92316 FAS will aid in evaluating if the vehicle is in need to be removed from service, if someone needs to be dispatched immediately, or if vehicle needs to be towed into FAS shop. FAS offers 24/7 service. FAS understands protocol requires 24 hr. availability, there will be a primary number of contact, secondary as well as 3rd in the unlikely case of the primary unavailable. Parts purchasing, inventory management: FAS has a fully stocked parts department to aid in turn time. FAS purchases/stocks a majority of non-proprietary parts used by most apparatus manufacturers. Vehicle transportation: Vehicles can be picked up and delivered by FAS. FAS has Class A& B licensed drivers with proper vehicle insurance for transportation. Invoicing: FAS utilizes an invoicing system that tracks and breaks down repairs "by the job". Every unit is tracked by VIN number and by customer. This helps in maintaining a "history" of the unit. Reports can be pulled for repeated repairs, average mileage, cost associated per vehicle in a time frame, how many hours it takes to perform a task. Each job has a breakdown of labor, freight, misc., parts. So each cost is itemized. 5 0 PH:(714)357-9706 Entail:Fm ire(J gntailxom S'ola tvovp` Address:2763 S. Vista Ave.,Bloomington,CA 92316 WORK PLAN Maintenance & PM Inspections Maintenance & Pm inspections are annual D.O.T. compliance in accordance with Sect.49CFR,396.17 & B.I.T. compliant per Ca. Veh.C. 34505.5 All inspection findings will be documented & reviewed with department vehicle management. Customer to receive copies for their records. All bi-annual services include: Replacement of engine oil, oil filters, fuel filters, air filter, coolant filter& dryer filter. Grease of chassis. All other fluids: Coolant, transmission, power steering, pump gearbox, differential, hub oil & foam pump will be checked & topped off as needed. Air filter inspected, if replacement needed customer to be advised. Chassis Inspection for the following: ■ Engine for oil leaks, coolant leaks, fuel leaks, boost leaks (c.a.c. plumbing), air inlet piping, exhaust leaks & belt adjustments. Ensure fan cycles automatically & water temps reacts accordingly. Starter for secure mounting & cable securement/torque. ■ Transmission for: Oil leaks, oil cooler for exterior leaks. ■ Differential for: oil leaks, excess play on pinion or thru shafts. ■ Charging system: Check alternator for output, connections at neg. /pos. leads. Check actual voltage drop at batteries vs. alternator. Load test all battery's individually. ■ Lighting: All emergency lights in both response/scene modes. All chassis lighting, directional, auxiliary scene & work lights. Check air horn & siren. ■ Steering components: Steer box & pump for oil leaks, torque on box mounting & pitman arm. Draglink & tie rod ends for wear, tie rod for straightness. Assist ram for leaks & mount torque. P. steer hose condition. ■ Frame, cross members & gussets for loose fasteners or cracks. ■ Suspension for: Worn shackles/pins, spring leafs for cracks, air bags for tearing or excess cracking, leveling valves for excess leakage, gas shocks for loose mounting or leaking. U bolt torque & condition. Axle & frame weldments, torque rod bushing condition. ■ Dot air system performance & compliance: check air systems for leakage & reservoir protection. Low air warnings, air hose condition, dryer & governor operation. Brake shoe/pad condition, slack adjusters for auto adjustment, adjust manual slacks. Air psi build performance. ■ Drive train for: Yoke condition, u joints for excess wear, carrier bearing for mounting 6 PH:(714)357-9706 Entail.FasTre&Xntai1.cont tip�5 A ddress:2 763 S. riStaAve.,Bloomington,CA92316 & condition. Ensure all in phase. ■ H.V.A.C. system for: Defrost functions, heater & a/c modes. Condenser fan for damage & operation. Fan speed functions, compressor clutch for slippage or excess wear. ■ Cab condition:All cab doors for proper locking, latch engagement/alignment/hinge condition, windows for sealing & regulator function, windshield condition, wiper function & blade condition, cab lift cylinders for leaks & leak down when cab tilted. Decal & paint condition. Seat upholstery for tearing, Seat belt condition &function, interior lighting, steer column mounting & condition. Cab structure for cracks, pivot point condition. Door ajar warning. ■ Road test truck & check for proper instrument gauge readings, check for pull, and check for abnormal or uneven tire wear. All annual services include all the above plus: Replacement of Transmission fluid, filters, differential oil, power steer oil, coolant & pump gearbox oil. ■ Opacity Testing (additional) Fire Engine PM Inspection of unit will consist of fire body structure for L any cracks, damage or mount issues. Function of all doors, shelving & compartment lighting. ; Chassis frame, suspension, brakes steering & drive train will be inspected for any failures, cracks or wear. Brakes to be adjusted, brake air system checked for Fmvss121 compliance. Vehicle lighting & emergency lighting to be checked for proper function. Main pump, aux pump (if applicable) will be ran in recirculation mode to check for any leaks in pump house, internal plumbing, valves & main seals for leaks. Dry vacuum test will be performed. Cab will be inspected for: any tilt cylinder leaks, loose failed mounting points, a/c & heater for functionality, doors for any operational issues & overall cab condition. Belt condition, adjustment, engine fan condition, engine oil leaks & any engine codes (if noted) can be checked. ■ Check all gauge functions (psi, vacuum, water & foam levels) check for sticking, or leakage. ■ Check primer oil/tank level. ■ Check pump transmission engagement, indicator lights, flinger condition. ■ Check pump throttle controls, manual psi regulator if applicable The following also performed during annual: 7 ��I�PPttr�f PH:(714)357-9706 Email.Fasfrc o gmnil.cont 70,11,plov:o Address:2763 S. rista Ave.,Bloomington,CA 92316 ■ Dry vacuum test will be performed per 1911 standards. ■ Check valve linkage for binding or looseness. ■ Inspect inlet screens • Inspect pump for leaks on main seals, adjust ■ Inspect anode condition Tractor Drawn Aerial PM Service to onboard genset unit ANGEL `i"[Eer �"� � includes: Replacement of engine oil, oil filter, fuel filter & applicable air filter = Inspection of unit will consist of fire body structure for any cracks, damage or mount issues. Function of all doors, shelving & compartment lighting. Chassis frame, suspension, brakes steering & drive train will be inspected for any failures, cracks or wear. Brakes to be adjusted, brake air system checked for Fmvss121 compliance. Vehicle lighting & emergency lighting to be checked for proper function. Aerial unit will be operated to check for: proper operation, interlocks, ladder to be inspected for any cracks or structural failure, cable adjustments, torque box & stabilizers for mounting or cracking, pulleys for wear, cables for fraying, rungs for damage, ladder lighting & hydraulic system of leaks. Cab will be inspected for: any tilt cylinder leaks, loose failed mounting points, a/c & heater for functionality, doors for any operational issues & overall cab condition. Belt condition, adjustment, engine fan condition, engine oil leaks & any engine codes (if noted) can be checked. The following also performed during annual: ■ Aerial cable adjustment ■ Aerial Interlock function checks ■ Replacement of Hyd oil filter ■ Check Ladder intercom function ■ Check monitor/Nozzle functions ■ Inspect rescue/waterway pinnable sections ■ lube waterway 8 PH. (714)357-9706 Entail:Fasrrc(iilgmnil.com gyp} � � Address:2763 S. rista Ave.,Bloomington,CA 92316 Hazmat Service to onboard genset unit includes: Replacement of engine oil, oil filter, fuel filter & applicable air filter The following also performed during annual: • Check function of slide outs, check slide out seals, grease slide wear pads if necessary. ■ Check all interior cabinet doors & latches. ■ Check telescoping camera body for damage. ■ Check leveling system operation Cab will be inspected for: any tilt cylinder leaks, loose failed mounting points, a/c& heater for functionality, doors for any operational issues & overall cab condition. Belt condition, adjustment, engine fan condition, engine oil leaks & any engine codes (if noted) can be checked. Inspection of unit will consist of fire body structure for any cracks, damage or mount issues. Function of all doors, shelving & compartment lighting. Chassis frame, suspension, brakes steering & drive train will be inspected for any failures, cracks or wear. Brakes to be adjusted, brake air system checked for Fmvss121 compliance. Vehicle lighting & emergency lighting to be checked for proper function. USAR Cab will be inspected for: any tilt cylinder leaks, . loose failed mounting points, a/c & heater for functionality, doors for any operational issues & overall cab condition. Belt condition, _.. adjustment, engine fan condition, engine oil leaks & any engine codes (if noted) can be checked. Inspection of unit will consist of fire body structure for any cracks, damage or mount issues. Function of all doors, shelving & compartment lighting. Check all interior cabinet doors & latches. Check slide out tray locks & structure for damage. Check leveling system operation. Chassis frame, suspension, brakes steering & drive train will be inspected for any failures, cracks or wear. Brakes to be adjusted, brake air system checked for Fmvss121 compliance. Vehicle lighting & emergency lighting to be checked for proper function. 9 WOW 'PH:(714)357-9706 Email:Fasrre(kgmail.com ' I1al, Address:2763 S. rista Ave.,Bloomington,CA 92316 Brush Vehicle will be inspected for: any leaks, loose failed mounting points, a/c & heater for functionality, doors for any operational issues & overall cab condition. Belt condition, adjustment, j *. : engine fan condition, engine oil leaks & any engine codes (if noted) can be checked. Inspection of unit will consist of fire body structure for any cracks, damage or mount issues. Function of all doors, shelving & compartment lighting. Chassis frame, suspension, brakes steering & drive train will be inspected for any failures, cracks or wear. Brakes to be adjusted, brake air system checked for Fmvss121 compliance. Vehicle lighting & emergency lighting to be checked for proper function. 10 PH:(714)357-9706 Entail:Fnsrre(r�gnudlxon: '�r lt� � Address:2763 S. Vista Ave.,Bloomington,CA 92316 ABILITY OF THE PROPOSER TO PERFORM EMPLOYEES' QUALIFICATIONS See below for a list of fire mechanics employed by Fire Apparatus Solutions, along with their qualifications and listings of certifications. William Kalmikov — General Manager Work Experience ■ Experience of Overhauling: CAT, CUMMINS, DETROIT ENGINES ■ Experience of rebuilding/repairing Suspensions for: Hendrickson, Reyco, Neway, Ridewell suspensions ■ Experience of repairing 12v do electrical starting/charging systems ■ Experience of Performing repairing pneumatics/air systems ■ Experience of performing diagnostics & some repairs to gensets (onan/Harrison) ■ Experience of performing/repairing metal fabrication consisting of Aluminum, Stainless, Steel ■ Experience of welding: Aluminum, Stainless, Steel. Both TIG & Mig Process ■ Experience of performing/repairing BIGFoot/Auto leveling systems ■ Experience of rebuilding/repairing Waterous, Hale & Darley Pumps ■ Experience of Rebuilding/repairing Hydraulic cylinders & systems (Aerials, steer- ing, genset, foam) ■ Experience of rebuilding/repairing Air conditioning, heater systems ■ Experience of rebuilding/repairing Foam systems: Foam pro, Waterous, Husky ■ Experience of performing Pump testing ■ Experience of performing aerial Inspections, pre- 3td party testing ■ Experience of performing repairs to Aerials, All aspects from rung, K brace, ca- bles, sheaves, a chains, monitors, electrical interlock functions, waterway re- builds and psi testing. Work History ■ 1993-1995: 911 Engineering ■ 1995-1998: Evans Dedicated Systems ■ 1998-2005: Rush Peterbilt Truck Centers ■ 2005-Present: Fire Apparatus Solutions Certifications. ■ ASE: Brakes, PM, Engines, Suspension/Steering, Electrical 13 NP�F.P. IMF PH:(714)357-9706 Email:Fas/ire(a)-mail.com } t «i*°' Address:2763 S. Vista Ave.,Bloomington,CA 92316 ■ Bendix: Air brake systems ■ CFMA: Aerials, Pumps, Valves ■ Class A Driver License ■ Dealer License ■ EVT: Fire Pumps, Preventative Maintenance ■ Golden west college Diesel automotive program for electrical, engines ■ HVAC, Air conditioning systems ■ Meritor Wabco: Abs ■ Meritor: Foundations Brakes, Disc Brakes, Pnuematics ■ Peterbilt Factory Trained on entire chassis ■ Seagrave Factory authorized ■ Smeal Factory Trained: Pumps, aerials, Platforms, Multiplexing ■ Spartan Factory Trained: Electrical multiplexing, brakes (meritor), suspension ■ Sutphen Factory Trained: Electrical multiplexing, brakes (meritor), suspension ■ Svi Factory Trained: Electrical 12v dc, 120v ac, Multiplexing ■ Welding Steel, Mig process, Overhead Ron Madnick - Shop Forman Work Experience ■ Experience of Overhauling: CAT, CUMMINS, DETROIT, INTERNATIONAL & Kabota ENGINES ■ Experience of rebuilding/repairing Suspensions for: Hendrickson, Reyco, Neway, Ridewell suspensions ■ Experience of Performing alignments, 12v do electrical starting/charging systems ■ Experience of Performing repairing pneumatics/air systems ■ Experience of performing/repairing ■ Experience of rebuilding/repairing Waterous, Hale & Darley Pumps ■ Experience of Rebuilding/repairing Hydraulic cylinders & systems (Aerials, steer- ing, genset, foam) ■ Experience of rebuilding/repairing Air conditioning, heater systems ■ Experience of rebuilding/repairing Foam systems: Foam pro, Waterous, Husky ■ Experience of performing Pump testing ■ Experience of performing aerial Inspections, pre- 3rd party testing Work History ■ 1994-2000: Southern California Fleet Service ■ 2000-2003: FedEx Freight ■ 2003-2008: Southern California Fleet Service ■ 2008-2009: Mobile Diesel Tech, self employed 14 ,NPPtti;'# PH:(714)357-9706 Entail:Fasfir i�gnudlxom tVav,y Address:2763S. ristoAve.,Bloomington,CA 92316 ■ 2009-2015: Southern California Fleet Service ■ 2016-Present: Fire Apparatus Solutions Certifications ■ Level 3 fire tech ■ ASE: Diesel Engines, Brakes, Suspension and Steering, Electrical/Electronic Systems, Heating, Ventilation & A/C, Preventative Maintenance & Inspection ■ ATG: Ford Powerstroke Engine Performance ■ Cal Fire — Fire Mechanic 1 Fire Pumps ■ Cal Fire — Fire Mechanic 2A ■ Cal Fire — Fire Mechanic 3A Ambulance Service & Maintenance ■ Cal Fire — Fire Mechanic 3B Aerial Apparatus ■ CFMA— Basic Auto & Truck Electronics ■ CFMA— Hale Fire Pump Service ■ LBC City College — Cylinder Safety Inspection Techniques ■ Spartan — Spartan Chassis Technical Training: Warranty Luis Lopez - Mechanic Work Experience ■ Experience 2003-present ■ Experience of Overhauling: CAT, CUMMINS, DETROIT, INTERNATIONAL & Kabota ENGINES ■ Experience of rebuilding/repairing Suspensions for: Hendrickson, Reyco, Neway, Ridewell suspensions ■ Experience of Performing alignments, 12v do electrical starting/charging systems ■ Experience of Performing repairing pneumatics/air systems ■ Experience of performing/repairing ■ TCI 1.5 yrs Work History ■ 2003 — 2014: Colton Truck Terminal ■ 2014 — Present: Fire Apparatus Solutions Certifications ■ Cummins Onan Genset: Microlight up to 12.5KW diesel driven Units ■ Cummins: online college for diesel engines, models ISL & ISC ■ Meritor disc brakes, model 225 17" New disc brakes ■ Meritor Wabco ABS 15 P PH:(714)357-9706 Email:Fasrr�gmaiLeom Address:2763 S. Vista Ave.,Bloomington,CA 92316 ■ Spartan - Riverside Co. Fire & Rescue Regional Technical Training: Warranty, Wabco air systems, Wabco ABS systems, Chassis Electrical Systems, Chassis electrical —VMUX, Troubleshooting scenario's, Chassis Maintenance & Brakes (DOT), Air conditioning principles, Cummins Engines, & Basic electrical Larry Loffer— Mechanic Work Experience ■ Experience of rebuilding/repairing Suspensions for: Hendrickson, Reyco, Neway, Ridewell suspensions ■ Experience of Performing alignments, 12v do electrical starting/charging systems ■ Experience of Performing repairing pneumatics/air systems ■ Experience of performing/repairing darley & waterous pumps Work History ■ 1996 - 1999: Star Miling ■ 2002-2004: Self-employed, mobile mechanic ■ 2004-2005: Dietrich International ■ 2005-2006: Westrux International ■ 2006-2014: RB Truck Repair ■ 2014-2015: Polar Systems ■ 2015 — Present: Fire Apparatus Solutions Certifications ■ ASE: preventative maintenance, Brakes ■ International: brakes ■ Peterbilt: Foundation brakes, basic electrical ■ San Bernardino V.C.: Diesel program: maintenance, brakes, suspension, basic electrical, advanced elec., basic engines, advanced engines, D.E.F. Certificate, Newway suspensions Jason Allison - Mechanic Work Experience ■ Experience 2003-present ■ Experience of Overhauling: CAT, CUMMINS, DETROIT ENGINES ■ Experience of rebuilding/repairing Suspensions for: Hendrickson, Reyco, Neway, Ridewell suspensions ■ Experience of Performing alignments, 12v do electrical starting/charging systems 16 4n PH:(714)357-9706 Email:FasJire*gn:nil.com t►o�`5 Address:2763 S. riStaAye.,Bloomington,CA 92316 ■ Experience of Performing repairing pneumatics/air systems ■ Experience of performing/repairing hvac systems ■ Experience of performing/repairing metal fabrication consisting of Aluminum, Stainless, Steel ■ Experience of welding: Aluminum, Stainless, Steel. Mig Process ■ Experience of Rebuilding/repairing Hydraulic cylinders & systems (Aerials, steer- ing, genset, foam) Work History ■ 2004 — 2007: Direct Transport ■ 2007 — 2008: B & B Truck & Trailer ■ 2009 — 2013: All Truck Services ■ 2013 — Present: Fire Apparatus Solutions Certifications ■ Spartan Factory trained. Electrical multiplexing, brakes (meritor), suspension. ■ Meritor brakes, air and foundation Martin Vickers — Mechanic Work Experience ■ Experience of Overhauling: CAT, CUMMINS, DETROIT, INTERNATIONAL & Kabota ENGINES ■ Experience of rebuilding/repairing Suspensions for: Hendrickson, Reyco, Neway, Ridewell suspensions ■ Experience of Performing alignments, 12v do electrical starting/charging systems ■ Experience of Performing repairing pneumatics/air systems ■ Experience of performing/repairing metal fabrication consisting of Aluminum, Stainless, Steel ■ Experience of welding: Aluminum, Stainless, Steel. Both TIG & Mig Process ■ Experience of performing/repairing hvac systems ■ Experience of rebuilding/repairing Waterous, Hale & Darley Pumps Work History ■ 1986 — 1989: G. James Truck & Equipment ■ 1989 — 1995: Colton Truck Terminal ■ 1995 — 1996: Los Angeles Freightliner ■ 1996 — 1997: Garner Trucking ■ 1997 — 2000: SMA Equipment (Komatsu) 17 PH:(714)357-9706 Email:FnsTrc n gnrniLcon: pllI t iov�, Address:2763 S. rista Ave.,Bloomington,CA 92316 ■ 2000 — 2001: Johnson Machinery ■ 2001 — 2005: HHB Inc. ■ 2005 — 2008: Road Machinery LLC (Komatsu) ■ 2009 — 2014: Colton Truck Terminal ■ 2014 — Present: Fire Apparatus Solutions 18 l M14}I�rr,#� r t PH:(714)357-9706 Email:Fasfire(dkmcril.com &Aovp Address:2763 S. ristct Ave.,Bloomington,CA 92316 WORK PROJECTS Below list multiple work projects completed by Fire Apparatus Solutions i Major Aerial Repairs Pump Testing Scheduled UL Testing & Repair Performed by Jason Performed by Roy Sublet Tank Removal & Aluminum Welding & Repairs Modifications Frame Rail Repair Performed by Luis Performed by Marty Performed by Lqqy Siren, Lighting, Radio&Decal Package Plumbing Modificabons Custom SS Tig Welding Performed by Luis Performed by Watt Performed by Marty 19 e Nop4tr# rIrr. PH:(714)357-9706 Entail:Fasrre(kgnmil.com ° J#i t1lx►`� Address:2763 S. Vista Ave.,Bloomington,CA 92316 Custom, in house built Wireless Hydraulic Actuating Arm: F Major Body/Collision Repair: !--goal r ,..� At our facility we offer body repair, panel/structural/plumbing modifications and repairs. Pump testing, 3rd party Ladder testing. . We are capable of performing all Major/Minor bumper to bumper truck service & repair. Proficient in electrical, air systems, welding of stainless steel, steel and aluminum. 20 AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) William Kalmikov being first duly sworn deposes and says that he/she is President (Insert"Sole Owner','Partner","President,"Secretary",or other proper title) of Fire Apparatus Soltuions _ (Insert name of bidder) who submits herewith to the City of Vernon a bid/proposal; That all statements of fact in such bid/proposal are true; That such bid/proposal was not made in the interest of or on behalf of any undisclosed person, partnership,company,association,organization or corporation; V 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 Iattempted to induce action prejudicial to the interest of the City of Vernon, or of any other bidder of- 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 e ity of _erjury that the above information is correct By. Title: President Date: June 30, 2016 March 2013 PH:(714)357-9706 Email.Fasrre(a')xmaiLcom �rf tr t i++' Address:2763 S. rista Ave.,Bloomington,CA 92316 REFERENCES Agency: Riverside County Fire Agency: City of Rialto Address: 210 W. San Jacinto Street Address: 131 S. Willow Ave. Perris, CA 92570 Rialto, CA 92376 Contact: Chief Troy Grotenhuis Contact: Chief Brian Park Phone Number: (951) 940-6357 Phone Number: (909) 800-0772 Email: troy.grotenhuis@fire.ca.gov Email: bpark@confire.org Agency: City of Colton Agency: City of Vernon Address: 303 E. Street Address: 4305 Santa Fe Ave. Colton, CA 92324 Vernon, CA 90058 Contact: Chief Kevin Valentin Contact: Chief Andrew Guth Phone Number: (909) 370-5105 Phone Number: (323) 583-8811 Email: kalentin@confire.org Email: AGuth@ci.vernon.ca.us Agency: City of Loma Linda Agency: U.S. Department of Agriculture Forestry Services Address: 11325 Loma Linda Dr. Address: 602 S Tippacanoe Ave. Loma, Linda, CA 92354 San Bernardino, CA 92408 Contact: Capt. Mike Atchinson Contact: F.E.M. Francisco Isais Phone Number: (909) 559-7181 Phone Number: (909) 382-2961 Email: matchinson@confire.org Email: fisaias@fs.fed.us All above listed references Fire Apparatus Solutions currently holds service/repair contracts with. 21 EMERGENCY VEHICLE TECHNICIAN CERTIFICATION COMMISSION, INC William Kalmikav is certified in the Areas listed below: Nlninhnnnce,hu>cclin Expires: Flri•Apparalus !4/2 2/2111 6 Fire Ynwps and Accessark, 10/22l2U1 G steplic'1 wimf , t ■ ofAV,e,"catet1end c..r.. warded to WILLIAM B, KALMIKOV ACADE4 MV 2005 ��ORN�� Course Number � l FM-112 PUMP OPERATION&TESTING Course Hours 24 FM-ILIA FIRE SERVICE VALVES(AKRON) 4 Ar uaudo Vasyaeti /L7//1'reRardrnl 31eClellun Yurk ■ klacrnmcy�to�Culllbrnla ■ Ar M Cerdfief",A do Oil &at* �za�xtrcl to WILLiA m B. KAL mi Kov Comm, ACADEMY 2000 uynb,3 r CFM-215C AERIt1L A»PARAT'IIS 2C 36 A7"ando T asyuez 3trCklian hark Rurtwomto,Calilbeoin CV11A t -sidott ./priYI&M."W16 i 1 � i I .t�,.....kF. "J? This is to certify that WILLIAM KALMIKO V successfillly completed the California State Fire Marshal's accredited course FIRE MECHANIC 3B: AERIAL APPARATUS Oil April 14, 2006 Vw s�71 x RUBE, x1JALVA California State Firs Marshal I t 1 I 1 OR iy4 w ABSt �p MRRITOR WABCD This Certificate is granted to WHam-Kalffifl�av for completion of The Meritor WA,'CO Toolbox Training Program on ABS Operati 'nte�a_n ' �& Diagnostics Date 'nstwaof 4 J- , ,,, I ti I i i l i r _ f R ' �� William ]&al ikav Attended EX225 D am Brake Training November 9, 2010 �; 4 Date Instructor: Carl Lack { National Institute for AUTOMOTIVE SERVICE EXCELLENCE Be it known that WILLIAM B' KALMIKQV has successfully pa"'Ke ttile examinations and met the expwience requirement prescribed by the National 1lrstilute for Automotive Service Lxcelletice and is awarded Ihis_C ERTIFICATli in evidence of COMPETENCE in the service anwc iistctlWow MEDIUM/HEAVY TRUCK SPECIALTY AREAS AlW,kS OF DEMONSTRATED CIA111fil'ENCH ' DIE9EL.ENGINES BRAKES ELECTRICAL/ELECTRONIC SYSTEMS N* 30E iE3E 3[3E 3E3E 3E3F 3nE aE3E 3EM *iE ** 3r3E 3E3E 3E3E 3HE N* 3HE 3f3E GIVEN THIS 3OTH DAY DE JONE 1998, AT HERNDONN,, VtIRGINIA 558461566636KALMI 'z L��41-� �UkNillle.\ttfIK:VUril1FF. ili.,h�:Ui ll.)Yp.IwLk ..J.N .,��a NOW"ZI 4 W,". 0 }. aa �v. i National Institute for AUTOMOTIVE SERVICE EXCELLENCE Be it known that WILLIAM B KALMIKOV brw successfully passed die examinations and met the cxpctiencc Nquirement presmibed by the National Institute for Automotive Service Gxaelleuce and N-atii rtrded this t'littl'li'SC,�PE;ir3 evidence.of CONIPETENC P ill the service areas listed below; MEDIUM/HEAVY TRUCK SPECIALTY AREAS ARn,1s ORUI:MUN5Tf3Al'l7n C(1bnM417.NC"C ,� DIESEL ENGINES ELECTRICAL/ELECTRONIC SYSTEMS iE3E 3E3t 3E31 313E ** me 3E3E 3E3E 3[i( 3HE 3E3E THE 3E3E 3r3t 3r3E xx *)e *x } .3 GIVEN THIS 31ST DAY OF DECEMBER 1997, AT HERNDON, VIRGINIA i 558461566636KALMI {� u+ fll GVId U6'P IIp1GtIIVtl RIlA1HkR - MINtt,n fl.W HLM R. q .. ViM mm�el nntrac CYB�NpWrray�y Cmnpaay�M�rikar 41 HtJGca r m $ ON a� sY#Au � RI(tPIiAY u �� J�Iti�9ale�rttlMl�i. JwCy : }}It <ix '�uuk�lrz UNk"I'Y�t�p,Tes �"��4tk`� OEM Repair aacility Curie k` OEM tabor Rate i 1 CALIFORNIA FIRE SERVICE TRAINING AND EDUCATION S Srtl�,1 Iltis is to certify that RON L. MADNICK ` suemssfully completed the << CaliforniaMate Fire Marshal accredited tour ae FIRE MECHANIC 3A r Ambulance Service and Maintenance �.' on April 4, 2014 Course Number C130640 1 z � Tdfiya L.Hoover State,fire Marshal • _ .„ Q MIMI ,• m Km �..,. I_�I ORNL FIRE �� TRAININ'G AND EDUCATION SYSTEM a This is t0 t ertlfy that RON L. MADNICK successfully completed the California Mate Fire Marshal's accredited course FIRE MECHANIC 2A a' on April 22, 2011 Course Number C100811 Toqnyal.11oover ' Acting State Fire Marshal a_ , t a s� �� T yi• •h. I MDALONO PERFORATION TO REMOVE CE'RT1F1rATE ASE.1240-4560 'Ur I ✓ t V al IN t 3 .. A �c NMI 1 National Institute for t AUTOMOTIVE SERVICE EXCELLENCE Be it known that i { RON L MADNICK t -' hen miccessfuRv Imssed the emminadom anti met die work C%peciVnce requirement pre_¢eribed by the National Insdwre for Automotive.Service I VeNeuce and is hereby ASBI CERI'IFI1 D hi the service areas lisltxl beloxv. MEDIUM/HEAVY TRUCK TECHNICIAN AREAS OPI)IsAI()VJ"1'RA7FCI A(:HIf{VIiA1F!�i'1' LXPIRI�S DIESEL ENGINES JUNE 30, 2015 �1 BRAKES JUNE 50, 2015 1 SUSPENSION AND STEERING JURE 30, 2018 �y M ELECTRICALJELECTRONIt SYSTEMS DECEMBER 31, 2016 ! HEATING, VENTILATION, AND A/C JUNE 30, 2018 I k .Y PREVENTIVE MAINTENANCE AND INSPECTION. •y .. w' .r " .. .' .. YDECEMBER 31, 2016 ! . I GIVEN THIS 315i DAY OF MAY 2013, AT I,EESBURG, YIR6INIA ASE-1240-4560 yam, �ssmmnuemm�uneswx nierin axe,e+ .. I 4 I tA" I r (/ , s I f I N r A � I Pwefrsr" n �u e n rn�n e } CIALIFORN,IA .FIRE SERVICE TRAINING AND EDUCN-1710N SYSTEM This is to ceriity that RON L. MADNICK successfully coYnpleted the California State Fire Marshal accredited course FIRE MECHANIC 3B Aerial Apparatus on March 29 2013 r Course Number G120668 if:A-' T ya L.Haover State Fire Marshal .�1,1►.._.�.,Yam,____,�$ Ali- ��/f T 3N 5PA��A ;. °v m e z !!-- a a 6 T tl N g In 9 a�i 0 380 � S gO � 0 4 ' m`o a 9 W C 5� 'C 10 �� t U c E O� �'•v �°a li Yn a+�� o LL H a igt go�a N n 5 c v Op LL m ni QW as P ¢wW oa �!2 E� �•E °3So c� �' u y N �Cra m w � y o 8 gLL�o ~Ow'W 7. Z N W 1 � W 5 ' 7E as QVx.y �m (0 .� ,�rcNtxG m 3 auk 4 N 0' () � 38 � B3 ay a g oQ _z` k o a ° m C3 oains U o''. rv( Ea Z w N O �. 7 ii .53E ... Ph m r,., � B� a a •5 `,� s G m �• C F I N ZEE 5r�i p n F1E&r5vvYEAu/PMeNr Certificate of Completion is hereby granted to Ron Madnick Southern California Fleet Services to certify that he has completed to satisfaction FBE Field Service Shop Training 06 Seminar Palfinger Basic&Intermediate Service FBE Hydraulic & Electrical Systems Granted:December 29,2006 Michael Crump Major Account Monager Cerdfiegde off' n awarded to RONALD MADNICK FALL ACADEMY 2009 Course Number Course Hours FM-1a9 BASIC AUTO&TRUCK EimGrRONICS 36 David'Van! roenendergh 0rrn9eCQu,ntyV1mAuthority Cb AIA I'rerident Irvine.Crtlflu'a" . sVw.va.beraet.WMIB i a mffflmlllI��4 r �I i l 9 WN I �9 9 ! $ lr , µ P CALIFORNIA FIRE SERVICE TRAINING AND EDUCATION-SYSTEM This is to certify that j RON MADNICK " successfully completed the California State. Fire Marshal's accredited course :FIRE MECHANIC 1: FIRE PUMPS AND on April 14, 2006 yk•., y' n z srAre RUBE RIJALVA e 9` n� California Stag Fire Marshal A A _ u 's� E tt 'i� ATaf�}�y�r�l�` � � � �`� � � y�� l� � 7��i�` �e�•,�:� ''�d � Adel,/ �/RJ/U.hN 7 N7 JNII./ >!•.' xs''_ '�1JY{/Irl,f lAY707/r�('1//{n 7ryrN/!) J I%dJ tJ,6.� )IPYJ;r,7..C1//�j s�gltl7l X1YJ�. � Wl« lrr��dll h9d" . 1+171 <,'J7rAJ,fiit�ll7 '� �, ild/• Yy r Itil #DUIUIVJI ;uaWRI N31031upol r )e.rt&,cs to ofAttendimmu., ,aavarded to RON L. MADiNICK ACADEMY 201 Coutsr.NumGer CourecHours FM-212 HALE FIRE PUMP'SERVICE 16 FM-303 ELECTRICAL MULTIPLEXING SYSTEMS 16 mectelleallPark i eorge M. ScfiMCCtZ ynrmunclto, Cnllli,rnin (!rMA Prcslden4 .rxraj.�cxni� ■ ■ ` C i Fyn 9 ul i LLU W m W �I y n J \ rt1 ] ,1. ,,,�yit �fir♦ rk>r l.l�t iH i _( f� e 14sr \�'`. t r t ] ..... a• rFl :, ;✓ .,, r t7 rx s t t r F., Nafii-)n;-),) Imliloto for 'II SERVICEEXCELLF A ` GLENN L LOFFER JR has♦uc.0.♦fully t t"ad du t\anliwitic t♦and rrtct the wtxl,repi.;iume pu,aihed s..4 by the A tf'juual hislittitc iui Aouvnna.V Service)excellence stnd i5 heu:by AS (]T:Iif WILD �. K ui Ole sci Vitt aria,listed bt.lr,\v. 1� I, MEDIUMIHEAVY TRUCK TECHNICIAN i,pi= AItISAS<r117t�2.ttlAS'l'ItA'l'Iil:)�(:f❑CA'Ii1it?V'(' Ii,YPtlttaS BRAKES JUNE 30. 2019 PREVENTIVE MAINTENANCE AND INSPECIION JUNE 30, 2010 I� e 1 J Y I r! �0. 1 GIVEN THIS 28TIl DAY OF FEBRUARY 2014, AT LEESBUAG, VIRGINIA r i "AP, 'sr fit,wL t,, i ; k0:,✓iti.r � ti. 1,'a!!'.fYl(,i'9i➢D;f1,a(t IffS%� SPARTANq:ifaE'a'{£-'.COM Certificate ®f'Rec®gnition on March 21, 2013 This certificate is presented to Louie Lopez For the successful completion of the Riverside County Fire and Rescue Regional Technical Training Seminar— 32 hours consisting of: e Spartan Warranty o Chassis Maintenance&Brakes(DOT) o Wabco Air Systems o Air Conditioning Principles o Wabco ABS Brakes o Cummins Engines e Chassis Electrical Systems o Basic Electrical s e Chassis electrical—VMUX e Troubleshooting Scenario's ! ,o v r�t, ✓,'-yr X Michael O'Neil Spartan Chassis Technical Trainer f Certificate of Recognition on October 21 9 2011 ®� This certificate is presented to Ryan Bradberry Jj For the successful completion of the Spartan Chassis Technical Training Seminar.. 40 hours consisting of: j a Spartan Warranty o Chassis Maintenance&Brakes(D.O.T.) ®� �a o Tuthill Suspensions o Wabco Air Systems o Wabco ABS Brakes a DTS Hydraulics e Chassis Electrical Systems o Spartan/OEM e Cummins Engines o Hendrickson Suspension o Chassis Electrical-VMUX o Air Conditioning Principles •Basic Electrical o SIRS RaIlTek o Driveline Analysis o HTB o SCM&VIP o Wheel Seal Install ;✓ �. Michael O'Neil Spartan Chassis Technical Trainer '�+wrr.'e,+r�" r'�:w.'�.wra.��...�®.��w�..�:.��`�+rr '.�s'�,a� ,mom �s 'e '°�'ioc►' ',od.�'�s'W` A' a CERTIFICATE OF LIABILITY INSURANCE D03/22/1166 ' --- PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION EDWARD TABER INSURANCE SERVICES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 23600 EL TORO RD HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite D-407 LAKE FOREST CA 92630 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:E19ee7K Ins CO Fire Apparatus Solutions Inc INSURERB:Catlin Ins. Co. 2763 South Vista Avenue INSURERC:Great Lakes Ins. Co. Bloomin ton CA 92316 INSURER D: INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR ADD'L POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE IMMIDDIYYYYI LIMIT? GENERAL LIABILITY 3AA108964 02/23/2016 02/23/2017 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 100,000 CLAIMS MADE ©OCCUR MED EXP(Any one person $ 51000 `a' PERSONAL&ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 21000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ POLICY 7 PRO LOG AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUT05 (Per person) HIRED AUTOS BODILY INJURY NON•OWNEDAUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accldent) GARAGE LIABILITY 04000903136 03/11/2016 03/11/2017 AUTO ONLY-EA ACCIDENT $ B ANY AUTO OTHER THAN EA ACC $ 11000,000 AUTO ONLY: AGG $ 2 QQQ 000 EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE _$ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION TWO STATU• OTH- AND EMPLOYERS'LIABILITY Y/N FR ANY PROPRIETOR/PARTNERIEXECUTIVE F E,L�EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If yes,describe under E.L,DISEASE-EA EMPLOYE $ SPECIAL PROVISIONS below E.L.DISEASE•POLICY LIMIT $ OTHER Garage Keepers Legal RK89991A16 03/11/2016 03/11/2017 Occurance 1,000,000 C Liability Aggregate 11000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The City of Vernonits Councel Members, Officers, Officials, Employees, Agents and Volunteers are listed as Additional Insured per line A. CERTIFICATE HOLDER CANCELLATION City of Vernon SHOULD ANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURE NDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE H R MED TO THE LEFT,BUT FAILURE TO DO 80 SHALL Attn: Mark Whittworth City Administrator IMPOSE NO OBLIGATION LI ITY 0 Y KIND UPON THE INSURER,ITS AGENTS OR 4305 Santa Fe Ave. REPRESENTATIVES Vernon Ca 90058 AUTHORIZEDRE A !jpp!!� ACORD 25(2009/01) OW8822009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD I IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder,nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2009/01) COMMERCIAL GENERAL LIABILITY Pollcy Number: 3AA108964 IYIARKEr ESSEX INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM PROFESSIONAL LIABILITY COVERAGE OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM Please refer to each coverage form to determine which terms are defined.Words shown in quotations on this endorsement may or may not be defined in all coverage forms. SCHEDULE Person or Entity: CITY OF VERNON ATTN: MARK WHITTWORTH CITY ADMINISTRATOR Address: 4305 SANTA FE AVE. VERNON, CA 90058 Interest of the Above: LANDLORD Additional Premium: $ 100.00 (Check box if fully earned.M) WHO IS AN INSURED is amended to include the person or entity shown in the Schedule above as an Additional Insured under this Insurance, but only as respects negligent acts or omissions of the-Named Insured and only as respects any coverage not otherwise excluded in the policy.Our agreement to accept an Additional Insured provision in a contract is not an acceptance of any other provisions of the contract or the contract in total. When coverage does not apply for the Named Insured,no coverage or defense shall be afforded to the Additional Insured. No coverage shall be afforded to the Additional Insured for injury or damage of any type to any"employee"of the Named Insured or to any obligation of the Additional Insured to indemnify another because of damages arising out of such injury or damage. All other terms and conditions remain unchanged. MEGL 0009 0911 Includes copyrighted material of Insurance Services Office, Inc.with its Page 1 of 1 permission. POLICYHOLDER COPY SP STATE P.O. BOX 8192, PLEASANTON, CA 94588 FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 05-29-2016 GROUP: POLICY NUMBER: 9121832-2016 CERTIFICATE ID: 3 CERTIFICATE EXPIRES: 01-01-2017 01-01-2016/01-01-2017 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE # 2 DATED 05-23-2016 CITY OF VERNON SP JOB:FIRE APPARATUS SOLUTIONS 2763 SOUTH VISTA AVENUE 4305 S SANTA FE AVE BLOOMINGTON VERNON CA 90058-1714 CA 92316 This is to certify that we have issued a valid Workers` Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2016-06-29 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF VERNON ENDORSEMENT #1600 - KALMIKOV, WILLIAM PRESIDENT TREASURER - EXCLUDED. ENDORSEMENT #1600 - KALMIKOV, LETY SECRETARY - EXCLUDED. ENDORSEMENT #2085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2015 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER KALMIKOV ENTERPRISES INC SP 2753 S VISTA AVE BLOOMINGTON CA 92316 [P1 G,HOj (REV.7-2014) PRINTED 06-29-2016 Please return the completed form to: Placer County Auditor-Controller's Office 2970 Richardson Drive Auburn,CA 95603 or FormW Request for Taxpayer Fax to:530-889-4163 Give Form to the (Rev,December M14) requester.Do not Identification Number and Certification send to the IRS. 11 Name(as on Your income tax re.rutin),Name is required on this line:do not leave this fin(.'.blank. Kalmikov Enterprises, 2 Rusiness nome"disregarded entity name.it different from above DBA: Fire Apparatus Solutions off 3 l,'hec'k appropriale.box iur te(Aefal tax dassification:check,only one of thr,t(Alowing seven boxes: 4 E.xen'iptions(codes,apply only t+:, certain ewftihes,.not hidivjduals;see ❑indmdual,`sole pruptic,(ot or Z (;(.,orporatioo [I SCorpoiaLilin [I I'artricl-silip ❑El IrUSt"Ostato instfuction.-2 on pagan 3): au a: sfiqlf men er I I.0 >, 0 E]Litnitud tarililitv company.Enter the tax classification C..C;corporation,S-S corporation,P partnPiship)4Exompt payee code(f any) Note,For a,.iirqjIumember I I G that is disk,jaided,do not check ULG;check the appropiiate box in tn.,line abovo for Fxernplion from FATCA reporting Ow tax Classification of code(if any) CL Other(see instructions)0' 5 Addrtms inumber, ,tree 1,and apt,01—iDito 110.) 1101`41.10"Storls narne and address(optional) 0 00- 2763 S Vista Ave In W 8 r ity,state.and/IF`code 11) ,J) Bloomington, CA 92316 7 List LICCOU'll 1111.11111)(DA(S)here(optional) Enter your TIN in the appropriate I)OX,1116 TIN provided must match the name given an line 1 to avoid — backup withholding. For individuals,this is generally your social security 111-Irnber(SSN).However, for a resident alien.sole,proprietor,or disregarded entity,see the Part I instructions on page 3, For other entities, it is Your employer identification number(EIN).If you do not have a number,see How to get a -IT----TE TIN on page 3. or Note.If the account is in more than one narne,see the instructions for line I and the chait on page 4 for 'Employer identification number guicc..,linos on whose,numbor to enter, Certification Under penalties of perjury,I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to nio):and 2, 1 am not subject to backup withholding because:(a)I and exempt from backup withholding,or(b)I have,not been notified by the Internal Revenue So, rvfce(IRS)that I am subject to backup withholding as-I result of a failure to report all interest or dividends.or(c)the IRS has notified me that I am no longer subjoct to backup withholding:and 3, 1 am a U.S.citizen or other(.),S. per!3011(defined below);and 4,The FATCA code(s)entered an this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.YOU MUSt 0,rOSS out itc,.,,rn 2 above.if YOU have been notified by the IRS that you are currently subject to backup withholding heca1S0,YOU have failed to iepott all interest and dividends on your tax return. For teal estate transactions,item'2 does not apply.For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are,not required to sign the certification,but you must provide your correct-11N.Sue the insu'lictions,on page 3, '�a'i g-n— ila Here U.S Perron sigture of jj,,tL—,, Date lr� 6/27/2016 . General InstrILICtions •Form 1098(home mortgage interest), 1098-F.(Student 10',111 interest).1098-T (tuition) Section ref i onces,are to the Internal Revenue Code unless otherwise noted. -I of in 1099-C(canceled debt) Future developments.Inkliniation aboul clevelopnionis allocliri( Fotffl W-9(such as legisl- 0 -Fowl 1099-A(acquisition or abandonrnwit of socuied pfoporly) ation enacted after we rel&ase it)is at tvwi,','r';�goV1fW9. U,,o F(min W-9 only if you are a U.S.I)OISOn tinClUdin(i-i resident alien),to Purpose of Form P"OVICIA your con ect I IN. Ali individual or cofity(Form W-9 rl:quester)who c3 ro.qUiff,10 to NO an Information if you do not return Form W-9 to tho roqupstor with a TIN You roit)[it he sojjact return v,iiii the IHS intist obtain v(lur correct taxpayer Identificatlon nuinher(-I-IN) to backup withholding,See,What is backup withholding?on page 2. vvihich may be your social,ier.;umv number(SSN),individual taxpayer identification By Signing the filled outf0iffl,y0lk nunibFr(11 N),adoption taxpayer Idf'ntMC,Ati0l-'number(A I IN),or employer idolntification number(EIN);to report on an information return 9ir�,aiyi(jLjtlt paid to 1.Certify that the IIN you ate giving is correct or you are.wating fur a Mflnbel Vil'u,of,other zinlartnt reportable off an infonnaliorf i(Armi.Examples of infoonation to be IS'Sldod). rGh-1111S include,bur L not limited to,the;foll,lWing: Certify that you are not sub)eci to baC'I<LJP Withholding.or •I orm I 099-IN I (imei cst earned or paid) 3.Claim exemption from backul)withholding if You LVO Ll U.S.C1,M1111I)t payee.If •Form ir 99-DIV(dividerids,,in(-Alding those from stocks or rYlUtt-01 funds) applicable,you are also certifying that as a LJ.S.person.your allocable ,'Marfl. of F-orin 1099-Mh'G Ni Ivpr,.s of income.prizes,awar(Is',of grosr,pio'ceieds) any parinership incorne froin a L-I�S.made or business is lot SLibiGo to tile, !various . Withholding tax on foreign partners share of effectively cannucted incoine,and •Form 1 1-1199.B(stock.or Mutual fund sales and certain rather transactions by 4.Certify that FATCA coders)entered 011 this f0fffi(it ally)1101G,,Ating that YOU WO brokcrq) •Fult] 1099 S fluin lual estate tiansactionsl page 2 for iurther information, r099-K(nwrghcgo card and third P"lly Ca I.N o.10 P3 I X Form W-9(Rev. 12-20 w) EXHIBIT C SCHEDULE 17 August 2013 PH:(714)357-9706 Email:Fasrrc(a)_-mail.com � � �+°' Ar/dress:2763 S. Vislrr Ave.,Bloomington,CA 92316 FEES AND COST Bidder's Proposal Base Bid: Fire Apparatus Mechanic Services $ $78.00 _ Preventative Maintenance Hourly Labor Rate $ $88.00 _ Repair Hourly Labor Rate (other than scheduled P.M. Services) $ $98.00 Emergency Hourly Labor Rate (Non-Business Hours) Terms Net 30 Days 11 PH:(714)357-9706 Email:Frrsfire(_ mniLcom " 'q � 4{+ Address:2763 S. ristaAve.,Bloomington,CA 92316 CITY OF VERNON SERVICE ESTIMATE Bi-Annually Annual (8) ENGINES TRUCK# PARTS LABOR TOTAL PARTS LABOR TOTAL E76/F109 $253.04 $425.00 $678.04 $427.52 $725.00 $1,152.52 E77/F111 $302.22 $425.00 $727.22 $710.97 $725.00 $1,435.97 E78/F112 $302.22 $425.00 $727.22 $710.97 $725.00 $1,435.97 E79/F110 $253.04 $425.00 $678.04 $427.52 $725.00 $1,152.52 F105(Reserve) $256.15 $425.00 $681.15 $636.12 $725.00 $1,361.12 F106 (Reserve) $256.15 $425.00 $681.15 $636.12 $725.00 $1,361.12 F107 (Reserve) $227.34 $425.00 $652.34 $596.22 $725.00 $1,321.22 F108 (Reserve) $227.34 $425.00 $652.34 $596.22 $725.00 $1,321.22 (2) AERIALS PARTS LABOR TOTAL PARTS LABOR TOTAL T76/F202 $287.32 $675.00 $962.32 $664.97 $930.00 $1,594.97 F203 (Reserve) $394.14 $675.00 $1,069.14 $394.14 $930.00 $1,324.14 (1) HAZMAT PARTS LABOR TOTAL PARTS LABOR TOTAL HM77/F306 $299.04 $450.00 $749.04 $547.72 $700.00 $1,247.72 31 ) USAR PARTS LABOR TOTAL PARTS LABOR TOTAL USAR-78/F309 $302.22 $ 350.00 $652.22 $ 710.97 550.00 $1,260.97 F302 (Reserve) $272.98 $ 310.00 $582.98 $ 490.77 550.00 $1,040.77 *No information on Pierce units were Pump Test: $385.00 available, pricing is estimated on FAS existing Pierce customers. Aerial Test: $950.00 12 EXHIBIT D LIVING WAGE PROVISIONS Minimum Living Wages: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or$11.55 per hour without health benefits. Paid and Unpaid Days Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. 18 August 2013 EXHIBIT E EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. 19 August 2013 RECEIVEDCEIVED AUG 1 1 2016 ' AUG 0 3 2016 CITY CLERK'S OFFICE CITY ADMINISTRATION STAFF REPORT Q"�- 19-- HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT DATE: August 16, 2016 TO: Honorable Mayor-and City Council FROM:� Lewis Pozxebon, Interim Director of Health & Environmental Control Dept. RE: Approving and Authorizing Amendment No. 2 to the Services Agreement for Solid Waste Consulting Services with MSW Consultants, Inc. for a Ninety (90) Day Extension Recommendation A. Find that approval of the proposed ninety (90) day extension of the Solid Waste Consulting 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. Find that, pursuant to Council's authority under Vernon Municipal Code § 2.17.12(B)(2) and for reasons set forth in this staff report, "the best interests of the City are served by a direct award (extension) of the contract without a competitive selection process"; and C. Approve and authorize the execution of Amendment No. 2 for a ninety (90) day extension of the Solid Waste Consulting Services with MSW Consultants, Inc. and the City of Vernon Health and Environmental Control Department with cumulative costs that will not exceed the current contract's maximum yearly total of $260,000, and commencing November 1, 2016 and not to exceed ninety(90) days. Background MSW Consultants, Inc. (MSW) has been providing solid waste consulting services to the City of Vernon since year 2000. On November 19, 2013, the City Council approved a two year agreement with MSW to continue to provide solid waste consulting services including environmental sustainability tasks. The 2013-15 agreement was reached after a competitive RFP process. In October 2015, the MSW agreement was extended one year by the City Council. The agreement extension was based on the ongoing excellent work provided by MSW, its Page 1 of 2 subcontractor E. Tseng and Associates, and with no increase to the annual contract cost ($260,000). For the following reasons it is recommended that the City Council approve the extension of the contract for 90 days, until January 31, 2017: 1. MSW is willing to continue the scope of services without increasing the amount of total compensation(attached letter dated July 27, 2017). 2. Because of the timing of the expiration of the agreement(October 31, 2016) and the expectation of having a new director for the department being so close, an additional ninety(90) days would provide sufficient time to conduct a new competitive bidding process for a new contract and give the new director time to participate in the establishment of a new long term agreement. 3. Amendment No. 2 for the MSW Services Agreement was reviewed and approved as to form by the City Attorney's Office. Fiscal Impact The total cost of the ninety(90) day extension of the Solid Waste Consulting Services Agreement with MSW Consultants, Inc. is not to exceed the cumulative yearly cost of$260,000. It is estimated that the costs during the extension period will not be more than $40,000. The total cost associated with the aforementioned Services Agreement is included in the Health & Environmental Control Department's budget. Attachment(s) 1. Amendment No. 2 to the Solid Waste Consulting Services Agreement — MSW Consultants, Inc. 2. MSW Consultants, Inc., Letter dated July 27, 2016 Page 2 of 2 AMENDMENT NO. 2 TO THE SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND MSW CONSULTANTS, INC., FOR SOLID WASTE CONSULTING SERVICES This Amendment(-`Amendment No. 2") to that certain Agreement for solid waste consulting services dated November 1, 2013, (the "Agreement'), is made as of 2016, 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, as amended, 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 extend the Agreement for an additional three (3)month period effective November 1, 2016, through January 31, 2017. NOW, THEREFORE,the parties to this Amendment No. 2 agree as follows: 1. The Agreement has been renewed for an additional three (3) month period, and the Termination Date listed on the Cover Page is amended to January 31, 2017. 2. Except as expressly modified by this Amendment No. 2, all provisions of the Agreement shall remain in full force and effect. 3. The provisions of this Amendment No. 2 shall constitute the entire agreement of the parties with respect to the subject matter included in this Amendment No. 2 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. 2. 4. The person or persons executing this Amendment No. 2 on behalf of each of the parties warrants and represents that he or she has the authority to execute this Amendment No. 2 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. 2 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: B v: Name: Carlos Fandino, Jr., City Administrator Title: ATTEST: By: Name: Maria E. Ayala, City Clerk Title: APPROVED AS TO FORM: Brian Byun, Deputy City Attorney - 2 - CONSULTANTS SOLID WASTE CONSULTANTS TO LOCAL GOVERNMENT July 27, 2016 Mr. Lew Pozzebon Interim Director/Health Officer City of Vernon 4305 Santa Fe Avenue Vernon, California 90058 Requested 90-day Contract Extension for Sustainability and Solid Waste Consulting Services Dear Mr. Pozzebon: MSW Consultants respectfully requests that the term of our agreement with the City be extended by 90 days without increasing the amount of total annual compensation. As you know, our contract with the City is set to end on October 31, 2016. We request that the contract be amended such that the new expiration date will be January 31, 2017. We understand and agree that the total maximum amount of annual compensation will not change, and that all the other terms and conditions of our contract will remain in effect. Sincerely, David L. Davis, CMA MSW Consultants 27393 YNEz ROAD,SUITE 259,TEMECULA,CALIFORNIA 92591 951.694.4001 951.704.9776(CELL) 951.694.9001(FAX) W W W.MSW-CONSU LTAN TS.COM RECEIVED - RECEIVED AUG 0 9 2916 AUG 0 9 2016 CITY CLERK'S OFFICE '"max CITY ADMINISTRATION STAFF REPORT CYO �f 9-0e PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT DATE: August 1611,2016 TO: Honorable Mayor and City Council FROM: Derek Wieske Director of Public Works, Water and Development Services Department Originator: Rafael Contreras, Project Engineer RE: Approval of a Funding Agreement for the Atlantic Boulevard Bridge Rehabilitation and Widening Project between the City of Vernon and the Los Angeles County Metropolitan Transportation Authority Recommendations A. Find that the approval of the proposed Funding Agreement is consistent with the Initial Study/Mitigated Negative Declaration prepared for this project by the City of Vernon pursuant to the provisions under the California Environmental Quality Act (CEQA) in accordance with Section 15063; and B. Approve the Measure R Funding Agreement between the City of Vernon and the Los Angeles County Metropolitan Transportation Authority, in substantially the same form as submitted herewith, for the Atlantic Boulevard Bridge Rehabilitation and Widening Project, Federal Project No. DBPL02-5139(010); and C. Authorize the Mayor to execute the funding agreement. Background The Atlantic Boulevard Bridge over the Los Angeles River was constructed in 1931 and consists of concrete barrel arches with an earth-filled roadway and asphalt concrete pavement. The average daily vehicle count is over 50,000 vehicles per day. Atlantic Boulevard is a vital artery serving not only the City of Vernon but is a gateway to the southeast community. Due to the narrow pedestrian walkway and traffic lanes, the bridge will be inadequate for the projected traffic volume of vehicles and trucks. Page 1 of 3 The project was authorized to proceed with Preliminary Engineering (PE) design by Caltrans on September 10, 2002. Following the PE authorization, the City conducted preliminary engineering studies equivalent to 30% design to define the project scope, and performed environmental technical studies in accordance with the Caltrans-approved Preliminary Environmental Study form. The National Environmental Policy Act (NEPA) determination of Programmatic Categorical Exclusion (PCE) was granted by Caltrans on August 2, 2006. The local California Environmental Quality Act (CEQA) determination of Mitigated Negative Declaration was filed in the State Clearinghouse (SCH) on November 15, 2006, and was publically cleared on December 15, 2006. The NEPA Re-validation of the environmental document for the rehabilitation and widening of the existing Atlantic Boulevard Bridge over Los Angeles River was approved on October 24, 2012. The Atlantic Boulevard Bridge Rehabilitation and Widening (the "Atlantic Boulevard Bridge Project") design contract was awarded in November 2009 to CNS Engineers, Inc., for the design of the bridge rehabilitation and right of way acquisition support. The Atlantic Boulevard Bridge Project will include widening of the roadway bridge approaches, modifications of traffic signals, installation of California Public Utilities Commission approved railroad grade crossings devices and modifications to the Los Angeles River channel. Right of way activities along Atlantic Boulevard consist of obtaining either Temporary Construction Easements (TCEs) or permanent street easements to accommodate the widening of the bridge and roadway. The project will also require the relocation of conflicting utilities, including power poles from the City's Gas and Electric Department, which is concurrently developing relocation plans. As the project developed into the draft 95% design level, some project elements required modifications in order to streamline the project needs and permitting. The changes are as follows: Rail Crossing Safety improvements, Permitting Requirements from the California Public Utilities Commission and the U.S. Army Corps of Engineers and Structure Safety improvements. These additional project elements required to be updated into the environmental document incorporated into the NEPA document. For additional details regarding the changes please see the enclosed project description from the revised Preliminary Environmental Investigation Form for this project. Discussion In November 2008, Los Angeles County voters approved Measure R, which provided a half-cent sales tax increase for Los Angeles County to finance new transportation projects and programs. Measure R allocated $590 Million for the I-7I0 Corridor Project including the potential for "Early Action Projects" and studies related to the project implementation. Some of these funds are currently being used to study utility impacts and fund construction of near ready projects adjacent to the I-710 Corridor Project. The Atlantic Boulevard Bridge Project was identified by the I-710 Corridor Project Technical Advisory Committee (TAC) as having has independent utility which would be needed during the construction of any I-710 Corridor improvements due to traffic recirculation. The TAC authorized I-710 Early Action Project funds, in the amount of $2,070,000, for the Atlantic Boulevard Bridge Project. In order to utilize Measure R funding for the Atlantic Boulevard Bridge Project, the City is required to enter into a Funding Agreement with the Los Angeles County Metropolitan Transportation Authority (Metro), which is the responsible agency for the Page 2 of 3 Measure R funds. The Funding Agreement is a standard document that is applied to all Measure R Highway Programs subregional projects. The City Attorney's office has reviewed and approved the agreement as to form. Fiscal Impact The City is receiving Federal funds administered through the State's Highway Bridge Program (HBP) and Congressional appropriations for 80% of the project design cost and a combination of both 80%and 88.53% for the right of way acquisition and support cost. Federal funds require the City to provide a local match to fund the remaining portion of the project cost, which would normally have been paid through funds from the City's Capital Improvement Projects budget. Staff is proposing to replace the local match requirement with the Measure R funds. The project cost estimate is as follows: Project Element Estimated Cost Pre-Design $230.000 Design $1.325.000 Ri ht of Way Engineering $328.000 R/W Acquisitions $1.354,000 Project Coordination & Development $250.000 Utilities Relocation $2:067.000 Construction Management $1.857.000 Construction $17.015.000 1. Total Project Cost S24,426,000 The project funding sources are as follows: Previous Funding New Funding —Highway Bride Program $20,099,000 $20,099,000 —High Priority Projects Program $1,378,000 $1,378,000 —City Funds $2,94%000 $879,000 Measure R Funds $2,070,000 Total S24,426,000 S24,426,000 This Funding Agreement will provide the Atlantic Boulevard Bridge Project an additional funding source. The project design is 95% complete and right of way acquisitions have been initiated. Construction for the project is anticipated to commence in Spring 2018. Attachment 1. Funding Agreement with the Los Angeles County Metropolitan Transportation Authority 2. Updated Preliminary Environmental Investigation Form for this Project Page 3 of 3 FTIP#: LAOG1147 Project#: MR306.25 FA#920000000MR306.25 MEASURE R FUNDING AGREEMENT HIGHWAY This Funding Agreement("FA") is made and entered into effective as of August 16, 2015 ("Effective Date"),and is by and between the Los Angeles County Metropolitan Transportation Authority ("LACMTA") and City of Vernon ("GRANTEE") for Atlantic Blvd Bridge Widening Project,LACMTA Project ID# MR306.25 and FTIP# LAOG1147,(the"Project"). This Project is eligible for funding under Line 37 of the Measure R Expenditure Plan. WHEREAS, LACMTA adopted Ordinance#08-01,the Traffic Relief and Rail Expansion Ordinance,on July 24,2008 (the"Ordinance"),which Ordinance was approved by the voters of Los Angeles County on November 4,2008 as "Measure R"and became effective on January 2,2009. WHEREAS, the funding set forth herein is intended to fund Design,Plans,Specifications and Estimates (PS&E),Project Development,Right-of-Way,and Construction of the Project. WHEREAS, the LACMTA Board,at its October 23,2014 meeting,programmed$2,070,000,in Measure R Funds to GRANTEE for Design,Plans,Specifications and Estimates (PS&E), Project Development, Right-of-Way,and Construction,subject to the terms and conditions contained in this FA; and WHEREAS,the Funds are currently programmed as follows: $1,220,000 in Measure R Funds in Fiscal Years(FY) FY 2015-16 and$850,000 in FY 2016-17. The total designated for Design, Plans, Specifications and Estimates (PS&E),Project Development,Right-of-Way,and Construction of the Project is $2,070,000. NOW,THEREFORE,the parties hereby agree as follows: The terms and conditions of this FA consist of the following and each is incorporated by reference herein as if fully set forth herein: 1. Part I-Specific Terms of the FA 2. Part 11-General Terms of the FA 3. Attachment A- Project Funding 4. Attachment B- Measure R Expenditure Plan Guidelines 5. Attachment B-1 - Expenditure Plan-Cost&Cash Flow Budget 6. Attachment C-Scope of Work 7. Attachment D- Project Reporting and Expenditure Guidelines 8. Attachment D-1 - Monthly Progress Report 9. Attachment D-2 -Quarterly Expenditure Report 10.Attachment E- Federal Transportation Improvement Program (FTIP) Sheet 11.Attachment F- Bond Requirements 12. Any other attachments or documents referenced in the above documents In the event of a conflict,the Special Grant Conditions,if any,shall prevail over the Specific Terms of the FA and any attachments and the Specific Terms of the FA shall prevail over the General Terms of the FA. Rev: 4.01.15 1 Measure R Funding Agreement-Highways- General FTIP#: LA0G1147 Project#: MR306.25 FA# 920000000MR306.25 IN WITNESS WHEREOF,the parties have caused this FA to be executed by their duly authorized representatives as of the dates indicated below: LACMTA: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By: Date: Phillip A.Washington Chief Executive Officer APPROVED AS TO FORM: MARY C. WICKHAM Interim County Counsel By: . Date: Deputy GRANTEE: CITY OF VERNON By: Date: William Davis Mayor APPROVED AS TO FORM: By: _ _ Date: Hema P. Patel City Attorney Rev: 4.01.15 2 Measure R Funding Agreement-Highways- General FTIP#: LAOG1147 Project# MR306.25 FA#920000000MR306.25 PART SPECIFIC TERMS OF THE FA 1. Title of the Project(the "Project': Atlantic Blvd Bridge Widening-Design, Plans, Specifications and Estimates(PS&E), Project Development, Right-of-Way,and Construction. . LACMTA Project 1D# MR306.25, FTIP# LAOG1147. 2. Grant Funds: 2.1 Programmed Funds for this Project consist of the following: Measure R Funds. 2.2 To the extent the Measure R Funds are available; LACMTA shall make to GRANTEE a grant of the Measure R funds in the amount of$2,070,000(the"Fund' for the Project. LACMTA Board of Directors'action of October 23, 2014 granted the Measure R Funds for the Project The Funds are programmed over two years for Fiscal Years(FY) FY 2015-16 and FY 2016-17. 3. This grant shall be paid on a reimbursement basis.GRANTEE must provide the appropriate supporting documentation with the Monthly Progress Report and/or the Quarterly Expenditure Report GRANTEE Funding Commitment;if applicable,must be spent in the appropriate proportion to the Funds with each quarter's expenditures. LACMTA will withhold five percent(5%) of eligible expenditures per invoice as retention pending an audit of expenditures and completion of scope of work. 4. Attachment A the"Project Funding"documents all sources of funds programmed for the Project as approved by LACMTA and is attached as Attachment A. The Project Funding includes the total programmed funds for the Project,including the Funds programmed by LACMTA and,if any,the GRANTEE Funding Commitment of other sources of funding. The Project Funding also includes the fiscal years in which all the funds for the Project are programmed. The Funds are subject to adjustment by subsequent LACMTA Board Action. 5. Attachment B-1 is the Expenditure Plan-Cost&Cash Flow Budget(the "Expenditure Plan"). It is the entire proposed cash flow,the Budget and financial plan for the Project,which includes the total sources of all funds programmed to the Project, including GRANTEE and other entity funding commitments, if any, for this Project as well as the fiscal year and quarters the Project funds are anticipated to be expended. GRANTEE shall update the Expenditure Plan annually,no later than December 31,and such update shall be submitted to LACMTA's Managing Executive Officer of Construction &Engineering in writing. If the LACMTA's Managing Executive Officer of Construction &Engineering concurs with such updated Expenditure Plan in writing,Attachment B-1 shall be replaced with the new Attachment L_1 setting forth the latest approved Expenditure Plan. Payments under this FA shall be consistent with Attachment B=1 as revised from time to time. In no event can the final milestone date be changed or amended by written concurrence by the LACMTA Managing Executive Officer of Construction&Engineering. Any change to the final milestone date must be made by a fully executed amendment to this FA. Rev: 4.01.15 3 Measure R Funding Agreement-Highways- General FTIP #: LAOG1147 Project#: MR306.25 FA#920000000MR306.25 6. Attachment C is the Scope of Work("the Scope of Work'). The GRANTEE shall complete the Project as described in the Scope of Work. This Scope of Work shall include a detailed description of the Project and the work to be completed, including anticipated Project milestones and a schedule consistent with the lapsing policy in Part 11,Section 9,and a description of the Project limits. No later than December 31 of each year,GRANTEE shall notify LACMTA if there are any changes to the final milestone date set forth in the schedule or any changes to the Scope of Work. if LACMTA agrees to such changes,the parties shall memorialize such changes in an amendment to this FA. Work shall be delivered in accordance with this schedule and scope unless otherwise agreed to by the parties in writing. If GRANTEE is consistently behind schedule in meeting milestones or in delivering the Project, LACMTA will have the option to suspend or terminate the FA for default as described in Part 11,Sections 2,9, 10 and 11 herein below. To the extent interim milestone dates are not met but GRANTEE believes it can make up the time so as to not impact the final milestone date, GRANTEE shall notify LACMTA of such changes in its Monthly Progress Reports and such interim milestone dates will automatically be amended to the latest interim milestone dates provided in the Monthly Progress Reports Attachment D-1. In no event can the final milestone date be amended by a Monthly Progress Report 7. No changes to this FA,including but not limited to the Funds,and any other source of funds from LACMTA in the Project Funding, Expenditure Plan or the Scope of Work shall be allowed without an amendment to the original FA,approved and signed by both parties. B. Attachment D is the Project Reporting&Expenditure Guidelines. GRANTEE shall complete the "Monthly Progress Report"and/or the"Quarterly Expenditure Report".The Monthly Progress and Quarterly Expenditure Reports are attached to this FA as Attachments D-1 and D-2 in accordance with Attachment D-Project Reporting and Expenditure Guidelines. 9. Attachment E,the"FTIP PROJECT SHEET(PDF)",is attached as Attachment E and is required to ensure that the Project is programmed correctly in the most up-to-date FTIP document. The FTIP PROJECT SHEET(PDF)can be found in ProgramMetro FTIP database under the reports section at All projects that receive funding through Measure R must be programmed into the FTIP,which includes locally funded regionally significant projects for information and air quality modeling purposes. GRANTEE shall review the Project in ProgramMetro each year and update or correct the Project information as necessary during a scheduled FTIP amendment or adoption. GRANTEE will be notified of amendments and adoptions to the FTIP via e- mail. Changes to the FTIP through ProgramMetro should be made as soon as possible after GRANTEE is aware of any changes to the Project,but no later than October 1 of the year the change or update is effective. Should GRANTEE fail to meet this date,it may affect GRANTEE's ability to access funding, delay the Project and may ultimately result in the Funds being lapsed. 10. GRANTEE shall comply with the"Special Grant Conditions"attached as Attachment G,if any. 11. No changes to the(i) Grant amount,(ii) Project Funding, (iii)the Scope of Work(except as provided herein), (iv) Final milestone date or(v) Special Grant Conditions,shall be allowed without a written amendment to this FA,approved and signed by the LACMTA Chief Executive Officer or his/her designee and GRANTEE. Modifications that do not materially affect the terms of this FA,such Rev: 4.01.15 4 Measure R Funding Agreement-Highways- General MP#: LA0G1147 Project#: MR306.25 FA#920000000MR306.25 as redistributing Funds among existing budget line items or non-material schedule changes must be formally requested by GRANTEE and approved by LACMTA in writing. Non-material changes are those changes which do not affect the grant amount or its schedule, Project Funding, Financial Plan, or the Scope of Work,including the Work schedule. 12. LACMTA's Address: Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles,CA 90012 Attention: Lucy Olmos LACMTA PROJECT MANAGER MAIL STOP: 99-22-9 PHONE (213) 922-7099 EMAIL: olmosl@metro.net 13. GRANTEE's Address: City of Vernon 4503 Santa Fe Avenue Vernon,CA 90058 Attention: Mr. Derek Wieske Project Manager PHONE(323) 583-8811 E-MAIL ADDRESS:dwieske@ci.vernon.ca.us 14. LACMTA anticipates it may need to avail itself of lower cost bonds or other debt,the interest on which is tax exempt for federal tax purposes and/or Build America Bonds as defined in the American Reinvestment and Recovery Act of 2009 or similar types of bonds(collectively,the 'Bonds") to provide at least a portion of its funding commitments under this Agreement to GRANTEE. GRANTEE shall ensure that the expenditure of the Funds disbursed to GRANTEE does not jeopardize the tax-exemption of the interest,the Federal subsidy payment or the tax credit, as applicable,as specified in the Bond Requirements attached as Attachment F to this Agreement. GRANTEE agrees to provide LACMTA with progress reports, expenditure documentation,and any other documentation as reasonably requested by LACMTA and necessary for LACMTA to fulfill its responsibilities as the grantee or administrator or bond issuer of the Funds. With regard to LACMTA debt financing to provide any portion of the Funds, GRANTEE shall take all reasonable actions as may be requested of it by LACMTA's Project Manager for the Project, to assist LACMTA in demonstrating and maintaining over time, compliance with the relevant sections of the Federal Tax Code to maintain such bonds tax status. Rev: 4.01.15 5 Measure R Funding Agreement-Highways- General FTIP#: LAOG1147 Project#: MR306.25 FA#920000000MR306.25 PART 11 GENERAL TERMS OF THE FA 1. TERM The term of this FA shall commence on the Effective Date of this FA,and shall terminate upon the occurrence of all of the following,unless terminated earlier as provided herein: (i) the agreed upon Scope of Work has been completed; (ii)all LACMTA audit and reporting requirements have been satisfied; and (iii) the final disbursement of the Funds has been made to GRANTEE. All eligible Project expenses as defined in the Reporting and Expenditure Guidelines(Attachment D),incurred after the FA Effective Date shall be reimbursed in accordance with the terms and conditions of this FA unless otherwise agreed to by the parties in writing. 2. SUSPENSION OR TERMINATION Should LACMTA determine there are insufficient Measure R Funds available for the Project,LACMTA may suspend or terminate this FA by giving written notice to GRANTEE at least thirty(30) days in advance of the effective date of such suspension or termination. If a Project is suspended or terminated pursuant to this section, LACMTA will not reimburse GRANTEE any costs incurred after that suspension or termination date,except those costs necessary (i) to return any facilities modified by the Project construction to a safe and operable state; and (ii) to suspend or terminate the construction contractor's control over the Project. LACMTA's share of these costs will be consistent with the established funding percentages outlined in this FA. 3. INVOICE BY GRANTEE Unless otherwise stated in this FA,the Quarterly Expenditure Report with supporting documentation of expenses and Project progress as described in Part 11,Section 6.1 of this FA,and other documents as required,shall satisfy LACMTA invoicing requirements. Suhmit invaicc with su 1212ortinU d L)cu men La tio n to:. ACCOUNTSPAYAELE6bMETRO,NFT I(nreferablO or mail to: Los Angeles County Metropolitan Transportation Authority Accounts Payable P.0. Box 512296 Los Angeles,CA 90051-0296 All invoice material must contain the following information: Re: LACMTA Project ID#920000000MR30625 and FA# MR30625 Project Manager: Lucy Olmos, Mail Stop: 99-22-9 Rev: 4.01.15 6 Measure R Funding Agreement-Highways- General FT[P#: LAOG1147 Project#: MR306.25 FAh 920000000MR306.25 4. USE OF FUNDS 4.1 GRANTEE shall utilize the Funds to complete the Project as described in the Scope of Work and in accordance with the Reporting and Expenditure Guidelines and the specifications for use for the transportation purposes described in the Ordinance. 4.2 Attachment C shall constitute the agreed upon Scope of Work between LACMTA and GRANTEE for the Project The Funds,as granted under this FA,can only be used towards the completion of the Scope of Work detailed in Attachment C. 4.3 GRANTEE shall not use the Funds to substitute for any other funds or projects not specified in this FA. Further, GRANTEE shall not use the Funds for any expenses or activities above and beyond the approved Scope of Work(Attachment Q without an amendment to the FA approved and signed by the LACMTA Chief Executive Officer or his Designee. To the extent LACMTA provides GRANTEE with bond or commercial paper proceeds,such Funds may not be used to reimburse for any costs that jeopardize the tax exempt nature of such financings as reasonably determined by LACMTA and its bond counsel. 4.4 GRANTEE must use the Funds in the most cost-effective manner. If GRANTEE intends to use a consultant or contractor to implement all or part of the Project, LACMTA requires that such activities be procured in accordance with GRANTEE's contracting procedures and consistent with State law as appropriate. GRANTEE will also use the Funds in the most cost-effective manner when the Funds are used to pay"in-house"staff time. GRANTEE staff or consultant with project oversight roles can not award work to companies in which they have a financial or personal interest. This effective use of funds provision will be verified by LACMTA through on-going Project monitoring and through any LACMTA interim and final audits. 4.5 if a facility,equipment(such as computer hardware or software),vehicle or property,purchased or leased using the Funds,ceases to be used for the proper use as originally stated in the Scope of Work,or the Project is discontinued,any Funds expended for that purpose must be returned to LACMTA as follows: GRANTEE shall be required to repay the Funds in proportion to the useful life remaining and in an equal proportion of the grant to GRANTEE Funding Commitment ratio. S. REIMBURSEMENT OF FUNDS Funds will be released on a reimbursement basis in accordance with invoices submitted in support of the Monthly Progress and Quarterly Expenditure Reports. LACMTA will make all disbursements electronically unless an exception is requested in writing. Reimbursements via Automated Clearing House (ACH) will be made at no cost to GRANTEE. GRANTEE must complete the ACH form and submit such form to LACMTA before grant payments can be made. ACH Request Forms can be found at www.metro-net/projects-studies/call-projects/ref docs.htm. GRANTEE must provide detailed supporting documentation with its Monthly Progress and Quarterly Expenditure Reports. GRANTEE Funding Commitment,if any,must be spent in direct proportion to the Funds with each Quarter's payment Rev: 4.01.15 7 Measure R Funding Agreement-Highways- General FTIP#: LAOG1147 Project#: MR306.25 FA#920000000MR306.25 6. REPORTING AND AUDIT REQUIREMENTS/PAYMENTADIUSTMENTS 6.1 GRANTEE shall submit the Monthly Progress Report Attachment D-1)within seven (7) days from the last day of each month, if required,and submit the Quarterly Expenditure Report(Attachment D-Z within sixty(60) days after the close of each quarter on the last day of the months November, February,May and August. Should GRANTEE fail to submit such reports within 10 days of the due date and/or submit incomplete reports, LACMTA will not reimburse GRANTEE until the completed required reports are received, reviewed,and approved. The Monthly Progress and the Quarterly Expenditure Reports shall include all appropriate documentation (such as contractor invoices,timesheets,receipts,etc.),and any changes to interim milestone dates that do not impact the final milestone date. All supporting documents must include a clear justification and explanation of their relevance to the Projea If no activity has occurred during a particular quarter, GRANTEE will still be required to submit the Monthly Progress and Quarterly Expenditure Reports indicating no dollars were expended that quarter. If a request for reimbursement exceeds$500,000 in a single month,then GRANTEE can submit such an invoice once per month with supporting documentation. 6.2 LACMTA,and/or its designee,shall have the right to conduct audits of the Project as deemed appropriate,such as financial and compliance audits,interim audits,pre-award audits,performance audits and final audits. LACMTA will commence a final audit within six months of receipt of acceptable final invoice,provided the Project is ready for final audit(meaning all costs and charges have been paid by GRANTEE and invoiced to LACMTA, and such costs,charges and invoices are properly documented and summarized in the accounting records to enable an audit without further explanation or summarization including actual indirect rates for the period covered by the FA period under review). GRANTEE agrees to establish and maintain proper accounting procedures and cash management records and documents in accordance with Generally Accepted Accounting Principles(GAAP). GRANTEE shall reimburse LACMTA for any expenditure not in compliance with the Scope of Work and/or not in compliance with other terms and conditions of this FA. The allowability of costs for GRANTEE's own expenditures submitted to LACMTA for this Project shall be in compliance with Office of Management and Budget(OMB) Circular A-87. The allowability of costs for GRANTEE's contractors,consultants and suppliers expenditures submitted to LACMTA through GRANTEE's Monthly Progress Reports and Quarterly Expenditures shall be in compliance with OMB Circular A-87 or Federal Acquisition Regulation(FAR) Subpart 31 and 2 CFR Subtitle A,Chapter It, Part 225 (whichever is applicable). Findings of the LACMTA audit are final. When LACMTA audit findings require GRANTEE to return monies to LACMTA,GRANTEE agrees to return the monies within thirty(30) days after the final audit is sent to GRANTEE. 6.3 GRANTEE's records shall include,without limitation,accounting records, written policies and procedures,contract files, original estimates,correspondence,change order files (including documentation covering negotiated settlements),invoices,and any other supporting evidence deemed necessary by LACMTA to substantiate charges related to the Project (all collectively referred to as"records'). Such records shall be open to inspection and subject to audit and reproduction by LACMTA auditors or authorized representatives to the extent deemed necessary by LACMTA to adequately permit evaluation of expended costs. Such records subject to Rev: 4.01.15 8 Measure R Funding Agreement-Highways- General FTIP#: LAOG1147 Project#: MR306.25 FA#920000000MR306.25 audit shall also include,without limitation, those records deemed necessary by LACMTA to evaluate and verify, direct and indirect costs, (including overhead allocations) as they may apply to costs associated with the Project. These records must be retained by GRANTEE for three years following final payment under this Agreement. Payment of retention amounts shall not occur until after the LACMTA's final audit is completed. 6.4 GRANTEE shall cause all contractors to comply with the requirements of Part 11,Section 5,paragraphs 6.2 and 6.3 above. GRANTEE shall cause all contractors to cooperate fully in furnishing or in making available to LACMTA all records deemed necessary by LACMTA auditors or authorized representatives related to the Project. 6.5 LACMTA or any of its duly authorized representatives, upon reasonable written notice,shall be afforded access to all of the records of GRANTEE and its contractors related to the Project,and shall be allowed to interview any employee of GRANTEE and its contractors through final payment to the extent reasonably practicable. 6.6 LACMTA or any of its duly authorized representatives, upon reasonable written notice,shall have access to the offices of GRANTEE and its contractors,shall have access to all necessary records, including reproduction,at no charge to LACMTA,and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the terms and conditions of this FA. 6.7 When business travel associated with the Project requires use of a vehicle,the mileage incurred shall be reimbursed at the mileage rates set by the Internal Revenue Service,as indicated in the United States General Services Administration Federal Travel Regulation,Privately Owned Vehicle Reimbursement Rates. 6.8 GRANTEE shall be responsible for ensuring all contractors/subcontractors for the Project comply with the terms of the Ordinance. GRANTEE shall cooperate with LACMTA Audit Department such that LACMTA can meet its obligations under the Ordinance. 6.9 GRANTEE shall certify each invoice by reviewing all subcontractor costs and maintaining internal control to ensure that all expenditures are allocable,allowable and reasonable and in accordance with OMB A-87 or FAR subpart 31 and 2 CFR Subtitle A, Chapter 11, part 225,(whichever is applicable) and the terms and conditions of this FA. 6.10 GRANTEE shall also certify final costs of the Project to ensure all costs are in compliance with OMB A-87 or FAR subpart 31 and 2 CFR Subtitle A,Chapter 11, part 225, (whichever is applicable) and the terms and conditions of this FA. 6.11 In addition to LACMTA's other remedies as provided in this FA, LACMTA may withhold the Funds if the LACMTA audit has determined that GRANTEE failed to comply with the Scope of Work(such as misusing Funds or failure to return Funds owed to LACMTA in accordance with LACMTA audit findings) and /or is severely out of compliance with other terms and conditions as defined by this FA, including the access to records provisions of Part 11, Section 6. Rev: 4.01.15 9 Measure R Funding Agreement-Highways- General MP#: LAOG1147 Project#: MR306.25 FA#920000000MR306.25 7. GRANT This is a one time only grant of the Measure R Funds subject to the terms and conditions agreed to herein. This grant does not imply nor obligate any future funding commitment on the part of LACMTA. 8. SOURCES AND DISPOSITION OF FUNDS 8.1 The obligation for LACMTA to grant the Funds for the Project is subject to sufficient Funds being made available for the Project by the LACMTA Board of Directors. If such Funds are not made available as anticipated from Measure R Program revenues, LACMTA will have the right to adjust the cash flow accordingly until such funds become available. LACMTA shall have no obligation to provide any other funds for the Project, unless otherwise agreed to in writing by LACMTA. 8.2 GRANTEE shall fully fund and contribute the Grantee Funding Commitment,if any is identified in the Project Funding{Attachment A),towards the cost of the Project. If the Funds identified in Attachment A are insufficient to complete the Project,GRANTEE may request additional Measure R funds from its sub-region earmark pending support of the sub-region's Governing Board. A particular sub-region's Measure R funds are limited to the amount specified in the Ordinance and is still subject to approval of the LACMTA Board. Nothing in this FA shall obligate,or be construed to obligate the LACMTA Board to approve such request for additional funds. If the Funds are still insufficient to complete the Project,GRANTEE agrees to secure and provide such additional non- LACMTA programmed funds necessary to complete the Project 8.3 GRANTEE shall be responsible for any and all cost overruns for the Project pursuant to Section 8.2. 8.4 GRANTEE shall be eligible for the Funds up to the grant amount specified in Part 1,Section 2 of this FA subject to the terms and conditions contained herein. Any Funds expended by GRANTEE prior to the Effective Date of this FA shall not be reimbursed nor shall they be credited toward the GRANTEE Funding Commitment requirement,without the prior written consent of LACMTA. GRANTEE Funding Commitment dollars expended prior to the year the Funds are awarded shall be spent at GRANTEE's own risk. 8.5 If GRANTEE receives outside funding for the Project in addition to the Funds identified in the Project Funding and the Expenditure Plan at the time this grant was awarded,this FA shall be amended to reflect such additional funding. If,at the time of final invoice or voucher,funding for the Project(including the Funds,GRANTEE Funding Commitmem and any additional funding) exceeds the actual Project costs,then the cost savings shall be applied in the same proportion as the sources of funds from each party to this FA as specified in the Project Funding and both the Funds and GRANTEE Funding Commitment required for the Project shall be reduced accordingly. LACMTA shall have the right to use any cost savings associated with the Funds at its sole discretion,including, without limitation,programming the unused Funds to another project or to another grantee. If,at Rev: 4.01.15 10 Measure R Funding Agreement-Highways- General FTIP#: LAOG1147 Project#: MR306.25 FA#920000000MR306.25 the time of final voucher, it is determined that GRANTEE has received Funds in excess of what GRANTEE should have received for the Project,GRANTEE shall return such overage to LACMTA within 30 days from final voucher. 9. TIMELY USE OF FUNDS/ REPROGRAMMING OF FUNDS 9.1 GRANTEE must demonstrate timely use of the Funds by: (i) Executing this FA within ninety(90) days of receiving formal transmittal of the FA from LACMTA,or by December 31 of the first Fiscal Year in which the Funds are programmed,whichever date is later; and (ii) Beginning Project Design, Preliminary Engineering-(PE) within six(6) months from completion of environmental clearance,if appropriate. (iii) Expending Project Development or Right-of-Way costs(including by deposit into a condemnation action) by the end of the second (2nd )fiscal year following the year the Funds were first programmed;and (iv) Executing Contracts for Construction or Capital purchase within twelve (12) months from the date of completion of design;and (v) Delivering Work in accordance with schedule; changes to the schedule will require an Amendment to Attachment C to reflect updated milestone dates. Meeting the Project milestone due dates as agreed upon by the LACMTA and GRANTEE in Attachment C(Scope of Work) of this FA;and (vi) Submitting the Monthly Progress and Quarterly Expenditure Reports as described in Part 11,Section 6.1 of this FA;and (vii) Expending the Funds granted under this FA for allowable costs within five years or 60 months from July 1 of the Fiscal Year in which the Funds are programmed,unless otherwise stated in this FA. All Funds programmed for FY 2015-16 are subject to lapse by June 30, 2020.All Funds programmed for FY 2016-17 are subject to lapse by June 30, 2021. 9.2 In the event that the timely use of the Funds is not demonstrated as described in Part 11,Section 9.1 of this FA,the Project will be reevaluated by LACMTA as part of its annual Recertification/Deobligation process and the Funds may be reprogrammed to another project by the LACMTA Board of Directors in accordance with the Ordinance. In the event that all the Funds are reprogrammed,this FA shall automatically terminate. Rev: 4.01.15 11 Measure R Funding Agreement-Highways- General FTIP#: LAOG1147 Project#: MR306.25 FA#920000000MR306.25 10. DEFAULT A Default under this FA is defined as any one or more of the following: (i) GRANTEE fails to comply with the terms and conditions contained herein;or(ii) GRANTEE fails to perform satisfactorily or makes a material change,as determined by LACMTA at its sole discretion,to the Expenditure Plan, the Scope of Work,or the Project Funding without LACMTA's prior written consent or approval as provided herein. 11. REMEDIES 11.1 In the event of a Default by GRANTEE, LACMTA shall provide written notice of such Default to GRANTEE with a 30-day period to cure the Default. In the event GRANTEE fails to cure the Default,or commit to cure the Default and commence the same within such 30-day period to the satisfaction of LACMTA. LACMTA shall have the following remedies: (i) LACMTA may terminate this FA; (ii) LACMTA may make no further disbursements of Funds to GRANTEE;and/or(iii) LACMTA may recover from GRANTEE any Funds disbursed to GRANTEE as allowed by law or in equity. 11.2 Effective upon receipt of written notice of termination from LACMTA, GRANTEE shall not undertake any new work or obligation with respect to this FA unless so directed by LACMTA in writing. Any Funds expended after termination shall be the sole responsibility of GRANTEE. 11.3 The remedies described herein are non-exclusive. LACMTA shall have the right to enforce any and all rights and remedies herein or which may be now or hereafter available at law or in equity. 12. COMMUNICATIONS 12.1 GRANTEE shall ensure that all Communication Materials contain recognition of LACMTA's contribution to the Project as more particularly set forth in "Funding Agreement Communications Materials Guidelines"available on line or from the LACMTA Project Manager. Please check with the LACMTA Project Manager for the web address. The Funding Agreement Communications Materials Guidelines may be changed from time to time during the course of this Agreement GRANTEE shall be responsible for complying with the latest Funding Agreement Communications Materials Guidelines during the term of this Agreement,unless otherwise specifically authorized in writing by the LACMTA Chief Communications Officer. 12.2 For purposes of this Agreement, "Communications Materials"include,but are not limited to,press events,public and external newsletters,printed materials,advertising, websites radio and public service announcements,electronic media,and construction site signage. A more detailed definition of"Communications Materials"is found in the Funding Agreement Communications Materials Guidelines. Rev: 4.01.15 12 Measure R Funding Agreement-Highways- General FTIP #; LAOG1147 Project#: MR306.25 FA#920000000MR306.25 12.3 The Metro logo is a trademarked item that shall be reproduced and displayed in accordance with specific graphic guidelines. These guidelines and logo files including scalable vector files will be available through the LACMTA Project Manager. 12.4 GRANTEE shall ensure that any subcontractor,including,but not limited to, public relations,public affairs, and/or marketing firms hired to produce Project Communications Materials for public and external purposes will comply with the requirements contained in this Section. 12.5 The LACMTA Project Manager shall be responsible for monitoring GRANTEE compliance with the terms and conditions of this Section. GRANTEE'S failure to comply with the terms of this Section shall be deemed a default hereunder and LACMTA shall have all rights and remedies set forth herein. 13. OTHER TERMS AND CONDITIONS 13.1 This FA,along with its Attachments,constitutes the entire understanding between the parties,with respect to the subject matter herein. The FA shall not be amended,nor any provisions or breach hereof waived,except in writing signed by the parties who agreed to the original FA or the same level of authority. Adoption of revisions or supplements to the Guidelines shall cause such revisions or supplements to become incorporated automatically into this Agreement as though fully set forth herein. 13.2 GRANTEE is obligated to continue using the Project dedicated to the public transportation purposes for which the Project was initially approved. The Project right-of-way,the Project facilities constructed or reconstructed on the Project site,and/or Project property purchased, excluding construction easements and excess property(whose proportionate proceeds shall be distributed in an equal proportion of the grant to GRANTEE Funding Commitment ratio),shall remain dedicated to public transportation use in the same proportion and scope and to the same extent as described in this FA Equipment acquired as part of the Project,including office equipment, vehicles,shall be dedicated to that use for their full economic life cycle,including any extensions of that life cycle achieved by reconstruction, rehabilitation,or enhancements. 13.3 In the event that there is any legal court(e.g.,Superior Court of the State of California,County of Los Angeles,or the U.S. District Court for the Central District of California) proceeding between the parties to enforce or interpret this FA,to protect or establish any rights or remedies hereunder,the prevailing party shall be entitled to its costs and expenses,including reasonable attorney's fees. 13.4 Neither LACMTA nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or committed to be done by GRANTEE under or in connection with any work performed by and or service provided by GRANTEE,its officers,agents,employees,contractors and subcontractors under this FA. GRANTEE shall fully indemnify,defend and hold LACMTA and its subsidiaries,and its officers,agents and employees harmless from and against any liability and expenses, including without limitation,defense costs,any Rev. 4.01.15 13 Measure R Funding Agreement-Highways- General FTIP#: LAOG1147 Project#: MR306.25 FA# 920000000MR306.25 costs or liability on account of bodily injury,death or personal injury of any person or for damage to or loss of risk of property,any environmental obligation,any legal fees and any claims for damages of any nature whatsoever arising out of the acts of omissions of GRANTEE under the Project,including without limitation: (i) use of the Funds by GRANTEE,or its officers,agents,employees,contractors or subcontractors; (ii) breach of GRANTEE's obligations under this FA; or(iii) any act or omission of GRANTEE,or its officers,agents,employees,contractors or subcontractors in the performance of the work or the provision of the services,in connection with the Project including,without limitation,the Scope of Work,described in this FA. 13.5 Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God,acts of a public enemy,and government acts beyond the control and without fault or negligence of the affected party. Each party hereto shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder,or prevent performance of any obligations under this F.A. 13.6 GRANTEE shall comply with and ensure that work performed under this FA is done in compliance with Generally Accepted Accounting Principles(GAAP),all applicable provisions of federal,state,and local laws,statutes,ordinances,rules,regulations,and procedural requirements including Federal Acquisition Regulations(FAR),and the applicable requirements and regulations of LACMTA. GRANTEE acknowledges responsibility for obtaining copies of and complying with the terms of the most recent federal,state, or local laws and regulations,and LACMTA requirements including any amendments thereto. 13.7 GRANTEE agrees that the applicable requirements of this FA shall be included in every contract entered into by GRANTEE or its contractors relating to work performed under this FA and LACMTA shall have the right to review and audit such contracts. 13.8 GRANTEE shall not assign this FA,or any part thereof,without prior approval of the LACMTA Chief Executive Officer or his designee,and any assignment without said consent shall be void and unenforceable. 13.9 This FA shall be governed by California law. if any provision of this FA is held by a court of competent jurisdiction to be invalid,void,or unenforceable,the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. 13.10 The covenants and agreements of this FA shall inure to the benefit of,and shall be binding upon,each of the parties and their respective successors and assigns. 13.11 Implementation of any ITS project shall be consistent with the Regional ITS Architecture. ITS projects must comply with the LACMTA Countywide ITS Policy and Procedures adopted by the LACMTA Board of Directors including the submittal of a completed signed self- certification form. For the ITS policy and form,see v w.nietru.netl/projects studies/call proiectshpther respurces.htm. Rev: 4.01.15 14 Measure R Funding Agreement-Highways- General FTIP#: LAOG1147 Project#: MR306.25 FA#920000000MR306.25 13.12 If any parking facilities are designed and/or constructed using the Funds, GRANTEE shall coordinate with LACMTA parking program staff(see www.metro.net for staff listing) in the planning,design and management of the facility and shall ensure that its implementation is consistent with the LACMTA adopted parking policy. For the parking policy, see www.metro.net.1projects studiesjcall projectslother resources.htm. 13.13 GRANTEE will advise LACMTA prior to any key Project staffing changes. 13.14 Notice will be given to the parties at the address specified in Part 1, unless otherwise notified in writing of change of address. 13.15 GRANTEE, in the performance of the work described in this F& is not a contractor nor an agent or employee of LACMTA. GRANTEE attests to no organizational or personal conflicts of interest and agrees to notify LACMTA immediately in the event that a conflict, or the appearance thereof,arises. GRANTEE shall not represent itself as an agent or employee of LACMTA and shall have no powers to bind LACMTA in contract or otherwise. Rev: 4.01.15 15 Measure R Funding Agreement-Highways- General § t % & cot 2 § 7 ƒ 2 . r 2 ccoo § 2 & . k ® � � m z to _ L CN 9 � \ Z3 (D 2 c } O % § 2 � - z z 2 S ac M � — z LL k m � .0Q � W � C: q z (D 0) 72 / r E e = m r 9 5 $ b \ m - o 14 QQCY) c « -0 D LU 00-D q R & R * D2 7 - 6 - CD � • � 4 � q ® % o / CL . 5 2-cc2 k k z 2 - § 2 O 2 2 % c 2 � ® § w 2 2 2 e � CL § 2 k w k2 LU § 2 2 w k � w Q < / a- = Q 4 0 . 0 q LU I k � FTIP#: 1AOG 1147 Project#: M R306.25 FA#920000000MR306.25 ATTACHMENT B MEASURE R EXPENDITURE PLAN GUIDELINES PROJECT DEVELOPMENT AND RIGHT OF WAY ta,te Law ReQ uits Ali Measure R Pro-e -t and,P Eggramnsor to S U b m it all ExRcnditure_Plan To be eligible to receive Measure R revenues, an agency sponsoring a capital project or program must by state law (AB 2321) submit an expenditure plan that is acceptable to the Los Angeles County Metropolitan Transportation Authority (LACMTA). Pursuant to this law, LACMTA cannot release Measure R fimds to capital project or program sponsors until an expenditure plan containing the following elements is submitted, reviewed and deemed satisfactory by LACMTA. LACMTA staff will request that an expenditure plan be submitted before making a recommendation to the LACMTA Board to program funds to that project: o The estimated total cost for each project and program and/or each project or program activity; o Funds other than Measure R that the project or program sponsor anticipates will be expended on the projects and programs and/or each project or program activity; o The schedule during which the project sponsor anticipates funds will be available for each project and program and/or each project or program activity;and, o The expected completion dates for each project and program and/or project or program activity. Each of the above elements must be provided in enough detail to determine consistency with Measure R, the Long Range Transportation Plan for Los Angeles County, and the Los Angeles County Transportation Improvement Program (also a statutorily mandated function), as follows: o Project or program scope of work, including sufficient information to determine funding eligibility, including, but not limited to, the anticipated proportional use of current rail rights-of-way, state highways, and below-ground subways versus any other rights-of-way or above-ground work; o A current-year cost estimate breakdown of the major sub-elements of the project such as overhead, environmental and permit work, design and engineering, right-of-way, construction/installation (including maintenance facilities, rail yard, equipment and other major components), construction/installation support, interest costs,rolling stock, and other supporting components; u Any extraordinary project cost escalation issues, such as extraordinary commodity, right- of-way, surety, energy costs, etc.; o A specific and accurate description of the source, commitment, and anticipated annual availability of any federal, state, local, or private funding identified for the project if applicable including a 3%local funding contribution to rail projects if indicated in Measure R and necessary to meet project expenses, and if the source funds are in current or year-of-expenditure dollars; Rev: 11-1-14 FA Measure R Hwys Sub Attachment B Measure R Expenditure Guidelines FTIP#: [AOG1147 Project#: MR306.25 FA#920000000MR306.25 o An annual schedule, in current dollars, of anticipated costs by the cost estimate categories described above; and; o The expected completion by month and year of project or program completion. Below is an excerpt of AB 2321 (2008, Feuer), the state legislation that requires the expenditure plan. WW AB 2321 (2008, Fmffj San About the Ezmdi= Plan. Section b (3) B (1)Prior to submitting the ordinance to the voters, the MTA shall adopt an expenditure plan for the net revenues derived from the tax. The expenditure plan shall include, in addition to other projects and programs identified by the MTA, the specl6ed projects and programs listed in paragraph (3)ofsubdivision (b), the estimated total cost for each project and program, funds other than the tax revenues that the MTA anticipates will be expended on the projects and programs, and the schedule during which the MTA anticipates funds will be available for each project and program. The MTA shall also identify in its expenditure plan the expected completion dates for each project described in subparagraph (A)ofparagraph (3)ofsubdrvision (b). To be eligible to receive revenues derived from the tax, an agency sponsoring a capital project or capital program shall submit to to MTA an expenditure plan for its project or program containing the same elements as the expenditure plan that MTA is required by this subdivision to prepare. (k) No later than 365 days prior to the adoption ofan amendment described in paragraph (1) to an expenditure plan adopted pursuant to subdivision(f), including, but not limited to, the expenditure plan adopted by the MTA board as "Attachment A"in Ordinance#08-01 adopted by the board on July 24, 2008, and in addition to any other notice requirements in the proposing ordinance, the board shall notify the Members of the Legislature representing the County ofLos Angeles Wall ofthe following: (1)A description ofthe proposed amendments to the adopted expenditure plan that would do any of the following: (A)Affect the amount ofnet revenues derived from the tax imposed pursuant to this act that is proposed to be expended on a capital project or projects identified in the adopted expenditure plan. (B)Affect the schedule for the availability offends proposed to be expended on a capital project or projects identified in the adopted expenditure plan. (C)Affect the schedule for the estimated or expected completion date ofa capita!project or projects identified in the adopted expenditure plan. (2) The reason for the proposed amendment: (3) The estimated impact the proposed amendment will have on the schedule, cost, scope, or timely availability offunding for the capital project or projects contained in the adopted expenditure plan. Rev: 11-1-14 1 FA Measure R Hwys Sub Attachment B Measure R Expenditure Guidelines ATTACHWNT B7-EXPENDITURE PLAN COST&CASH FLOW BUDGET Measure R Program-Funding Agreement Projects -FA it MOU.MR306.25 Project Title:Atlantic Blvd Badge Widening Over the Los Angeles River Projeciil_MR30625 PROGRAMMED SOURCES OF FUNDS IHhl') ;AM RUES i7F FLNIX Prier Fonds FY 2015-If FS 2915-16 TOTALL Qrr 3 Qrr 4 BL+DCET ACMTA PROGRAMMED FUND$,' EASURE R FUNDS: �E G d E so 1.,Y Sumart $D $125 #'2S Pw $a :onslruclion 31.D45 ALOL Trvi11EASURER sp 68 sfl $0 sb $0 so $1-220 $I.=* Total PROP C 26 W so $0 $8 30 $D $0 89 MF PFIOO LACMTA FUNDS: SD Sc sc i0 51.220� St.22'o LiiCMTA FUNGI OCAL-Yernnn 4E C #a6 f4.E ME E S256 W Suppor. %1 $61 T L AL 7 So SO so sc so 07 $555 RAL:HBP.HPP.Demo Al_1} $1" $1 B4 S&E si.OB9 t�.-365 3W Suppon 1267 92Ei Total FEDERAL% $2.719 SO SO SO SO w TD4 312.429 SOLItC'ES OF FINDS EY 2416-17 F1 Ii1417 FY'JkF17 FY'a14-]7 FY 2017-18 FY 2817-18 F]'�17-18 El"711T-18 On Qu2 Otr3 OIr4 Otr1 Otr2 Otr3 Otr4 L,rMTA A R dMMC❑F;J N6.,' _ RE R FUNDS: VI Sutloon oast Support S2r S:y L.>c S:5 _ 116 V� onsiuchon S'3a $'04 5'{4 3'h3 $734 Told f213 S213 S217 3217 51) w 51) w Saw s11 POWt.ACMTA FUNDS: S21S Sat M !l1 fe5l THER NON LAOMA I.O_CAL:Vernon 1324 Total LOCAL SaT Wl w "I sl0 K_ _ 0 $0 M -EDERAL:HBP SSE 3 W Support so .onsl Su000rt 2225 1225 #i'2` 52N 1 Sol -;onslrucbon $2.439 .153 Total FEDERAL' SZ254 $2 S2 2tA w w w w S9 05+ SUN A MTA FUND 573{5 w w 'id $9 .01.WE%W FIL'tiDS EN 2918.19 El'291619 F V 201&19 FY 2019-19 FY 2IM29 F)2019-20 FY 2019.28 FY 20IgL29 Qtr i Qrr-' Qua Qtr 4 Qtr l Qtr 2 Otr 3 Otr 4 t AebrFA PROG RAMMID cUPADS (MEASURE R FUNDS: ;onsi SupportSD -onstruclion $} Total MEASURE R 0 IM N1 I $o $o $C $0 so so UM PtM t.ACMTA FUNDS: so w $iS 110 V $D :0 OTHER NON LACMTA FUNDING:' LOCAL:Vernon ;onst Suppon ;onstruchon Total m S SO s0 al LOCAL' SQ SO O FCRAL:HBP ;oast Support;anslruclion Total FEDERAL Im !D SO So 30 So 30 so 30 M N-LR UN So SUMMARY OF ALL FUND$ nAl S230 w so SCII Sol SM �SbE S1.325 Sc m $0 so $1.325 Rw Supppn 5328 f< SO LO 5779 onlrl Support $755 R54S.tea 3w $1 $2.1e7 w $s.3�4 $4 $1.3511 onstnrction 52.30A S2.70: $2.30:: S2.3(r $0 $9.dT7 S19.(19$ TOTAL MI FtTOWS S5.795 S2.557j $2.556 92M 511i9Ei SUM PROD LACMTA FIJNpS 521; SF1 s21 521 iY >8 sc S1 $2 070 SU7AN4l#LACMTAFtlhlDSi €2 sZ SZ 7 22.356 14 TOTAL PROJECT FUNDING 55.79° $2.551 12. 52.56 $1D'1$S Naas Measure R Cahrans Funding Agreement Rev:January 2011 Attachment 131 FTIP#: la0g1147 Project#MR306.25 Measure R Project Development, Right Of Way, & Funding Agreement #MOU.MR30625 Construction ATTACHMENT C - SCOPE OF WORK TO DEVELOP PROJECT DEVELOPMENT; PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA&ED); PLANS, SPECIFICATIONS & ESTIMATE (PS&E); RIGHT OF WAY(R1W); AND CONSTRUCTION PROJECT TITLE: Atlantic Blvd Bridge Widening over the Los Angeles River PROJECT LOCATION: Atlantic Boulevard between Bandini Boulevard and Slauson Avenue within the City of Vernon. The proposed project is located approximately 0.25 miles southwest of the Long Beach Freeway (1-710). PROJECT LIMITS: Atlantic Boulevard from the southern City limit to the signalized driveway entrance to the property located at 3030 Atlantic Boulevard. PROJECT PURPOSE: Implementation of the proposed project would improve capacity and operational performance along Atlantic Boulevard, while also upgrading the safety of the structure. PROJECT BACKGROUND: The Atlantic Blvd Bridge over the Los Angeles River serves as a highly utilized arterial corridor and entrance to the City of Vernon from the I- 710 freeway with an average daily traffic (ADT) of about 60,000 cars and trucks. Atlantic Blvd is one of the few river crossings leading to the 1-710 and 1-5 freeways in this heavily industrialized area. Consequently, a large percentage of the traffic on Atlantic Blvd is large trucks, the majority of which turn onto District Blvd just south of the Los Angeles River. The constraint on this route is the Atlantic Blvd Bridge over the Los Angeles River. The bridge carries six lanes of traffic, with lanes as narrow as 9.5' wide, no shoulders, and only a 3' wide sidewalk. The latest bridge inspection report by the County of Los Angeles classifies this bridge structure as "Functionally Obsolete". PROJECT SCOPE DETAILS: The Atlantic Blvd Bridge Widening over the Los Angeles River project will develop the plans for the proposed widening and rehabilitation of the bridge. Widening and rehabilitating the existing bridge will include widening of the roadway bridge approaches, modifications of traffic signals, instillation of California Public Utilities Commission approved railroad grade crossings devices, and channel modifications. Right of way activities along Atlantic Boulevard consist of either Temporary Construction Easement or Permanent Street Easement to accommodate the widening of the bridge and roadway. Project will require the relocation of a billboard advertisement and conflicting utilities. Project components include: 1) Preliminary Engineering (Pre-Design) 2) Environmental Clearance 3) Detailed Design 4) Right of Way Engineering (Support) 5) Right of Way Acquisition Rev: January 2012 Measure R Caltrans Funding Agreement Attachment C FTIP#: 1a0g1147 Project#MR306.25 Measure R Project Development, Right Of Way, $ Funding Agreement #MOU.MR306.25 Construction 6) Utility Relocation 7) Construction 8) Construction Management WORK APPROACH: Refer to the milestones on the project schedule. PROPOSED TEAM: _ NAME EMAIL PHONE RESPONSIBILITY Derek Wieske, P.E. kwilsonftci.vemon.ca.us (323)583-8811, Project Manager ext. 245 I Rafael Contreras, P-E. rcontreras@ci.vemon.ca.us (323)583-8811, Assistant Project I _ ext. 215 Manager Prime Consultant, James Lu, P_E.,S.E. iames.lu(a)cnseng.com (951)687-1005 Bridge Design, Local _ Assistance Supoort Quyet T. Nguyen, ouvet.naven aOcnseng.com (951)687-1005 Bridge Design P.E. ext.12 Kevin B. Brandt P.E. kevin.brandt stantec.com 949 923-6211 Permits Ramesh Gupta, Ph.D, Roadway Geometric P.E. rameah.gupta@stantec.com (949)923-6914 and Drainage,Channel _ Hvdraulics (714)734-8765 Railroad and Traffic Eric B. Winters eric.wintersOrailpms_com ext. 114 Signal Design, Railroad Coordination William H. Chu, P.E., wchu(&converseconsultants.com (626)930-1222 Environmental Borings G.E. and Report Laura Tanaka ItanakaO)r-onverseconsuttants.com (714)444-96660 Geotechnical Boring and Report Masood Mirza Mmirza(ftoacorporation.com (714) 573-0317 Traffic Design, Staging, Lightinq David Tatsumi david(&tatsumiandpartners.com Bridge Aesthetics Madelia Rivera mRivera@opeservices.com (562)304-2000 Right of Way Acquisitions Pete Castelan j 2Castelan opcservices com (949)268-5724 Utility Seale motion AssRev: January 2012 Measure R Caltrans Funding Agreement Attachment C iFTIP#: fa0g1147 Project#MR306.25 Measure R Project Development, Right Of Way, & Funding Agreement #MOJ.MR306 25 Construction PROJECT COST ESTIMATE: Pre-Design $230,000 Design T $1,325,000 Right of Way Engineering $328,000 RNV Acquisitions $1,354,000 Project Coordination & Development $250,000 Utilities Relocation $2,067,000 F Construction Management _ $1,857,000 i Construction $17,015,000 Total Project Cost $24,426,000 PROJECT BUDGET: METRO $2.070.000 HIGHWAY BRIDGE PROGRAM $20,099,000 HIGH PRIORITY PROJECTS PROGRAM $1,378,000 CITY FUNDS $879,000 Total $24,426,000 MILESTONES: START DATE COMPLETION DATE Pre-Design 11/29/2001 12/4/2003 Design 12/3/2003 12/4/2015 Design Support 12/12/2014 12/12/2015 Environmental 12/12/2014 12/12/2015 Right of Way Support & Acquisition 12/12/2014 12/16/2016 Utili Relocation 3/5/2018 9/30/2020 Construction Support 3/5/2018 9/30/2020 Construction 3/5/2018 9/30/2020 #f*###*#!'#*#i##!#!#####t###f!lirttfN#MN###�M!##f!#�lpt#!#+i#e##i#N*#�!***f!r!e k!'yr##!r!r#•*t!r#*!M Rev:January 2012 a Measure R Caltrans Funding Agreement Attachment C FTIP#:la0g1147 Project# MR306 25 Measure R Project Development, Right Of Way, & Funding Agreement #MOU MR306 25 Construction ATTACHMENT C -Location Map r LEA ♦� r +-. • „� .�� • }Fir �:f� � Air . � 005 Irmo VERNON f ♦ r.� � r�k� rt- . R _ rdw + .!ftmw 44W f>.hia, xi rrrr 9M p+'tv a 4+w+k$A&d dr rrorrys eras wrr• F.#wwRhl4 Y5[qQr er JA 41#r}w+rwo Mrglrr#pwwww i 40 g 1J6P4)irFORW 4dPhPA r`PWWAW- G 7 VICINITY MAP a � �rgne�ho �am7vfi�l(1'1pt Ftirydr ,5�rr plod 4rkjr{}yrr�Mlrsic Mgrr�FEnve 5klr.ir.yrp�rr7r•r� Rev:January 2012 Measure R Caitrans Funding Agreement Attachment C o# E i rn c W c J W Ca C� F Z >: W to _. � Q w a 0 J m o � a c 03 LL Eb so go so so go so ele so e so r e so ev U - 8 f i LACMTA ATTACHMENT D-1 PROJECT TITLE: MONTNLYPROGRESS REPORT c� yll IFrbM1 ■ GRANTEE;ARE REQUESTED TO EMAL THIS REPORT TO AMMOMWAYaNZAMMM a•lbl. bF RON to La Argd=0. McYopeN T- pr'l l, Avg" AomAds Psp W P O Boy SY229E Lac ArgWm CAkkrnre 999 l-" 6 ti cbm oo mom mnrR Phmw+ RAM k is v cww Om* d dou.wamm m"rot ec mad kw Vft am PAW b ft FieDo l wo EMmm"Gym(ADKtFFWY of 4 k+«Yrwwren MAW"T"LL FA R MOYTHLY REPORT ausUFrrED FOR:Math fs DATE SUBMITTED LWINM FROM =wow — 1� y awM41lt G,.y.R r Mw�ll�■� r - - } + i. IA1Yrrnw.l+Cr M.onii+}+wry P,W�R.pil J :&f Sw 4f nr,A •T�' LACYTA ATTACHY ff IM PROJECT TITLE: NKWrH.Y PROGRESS REI+p11T i Fiy�e y}W Fi frt Aaw"p P4*- W Forte Chow ad=&" 6iM Jeep K1 o�y N 6egr M Ch-9- camowkw No mo A r 6r d.r GSA Rr A� vmru� FA Momoomm fik+ 'YMrJ WMA cmamtww {mw" 1tlr3Y r6m mmmg~ WrM" o r Vr+c C.a r Lnrbbr PhErm 11. SotrW Fw*PSK C T*F tA Mh 4rr�Ff frarvrn�� Ted Tyd I ILr R. 11 1 1� FIB Ypy,y�R 1y�f Ippry�D 1�n11A PAW��pp� I LACMTA ATTACNYEW 0.1 PHQJLC I i I I LL: MOPfFHLT PROGRESS REPOFIt LAC<TA LAIAIIA OnRina FA Sm Ong"FA End Approv*d APP-Aw Amcem Can*Irlon 6cneaft Drr is So"*of Om in 9*"e of CPrmryu CmnWrim+ +rEVM#dPt Atlur End DAM CompbodFSF Forsom rar�rTn FA 111NPralrM wwk ( ywl wwk mwmNmo plordiu) adwar Tina IMDMIrm"e) PAW n c —b- 0r CONSTRUCTION SOBcdrlaa fSM Prooar) Dwmw Sa►mbbm r SoY�� F. hoed r Ca�W Area 1' EatOrw C .e GndmCWWW — Cangeoen rlsaoaw il�da Far'Ngn lirrhm Pbrrr 4irwri TWM FWWWW rrnc Cannel TMP rr.e wart -- Irw PPar~ Pare Pbuwm" vWP E MPnYr Llw Uwr Area _. AJU wrlsom i _ Time YPrw ThFo M� %wf Labw wmi O k Fare bommbm ' T _ MrfrzfOn Vwftmlcn F.0 Xkwu VA Nm�14 rwMr Aq�G+W�P w x Rr LACMTA ATTACHMENT D-1 PROJECT TITLE: MONTHLY PROGRESS REPORT _ IX PINX ECT COMPLETION ar®a m h d pie ayrm aria eam uriQip ahwe P a ln_w wy+a+l D...0 FA.HuerY la"I Iris 77 ffa"WNW uMr ftft Y OO..dmdLYprr rYWW FA WWAM QIloI.1�r'la iolr hWiG araW i!lraOie .+� bl n awd ayrW wpralr RA4JUoco� - - L+V *w4rd w d++�e.a awr�ei r`iierr kN sear l "SIX 'al o�tt.Y s5 .N xr.aw�,.�a R�n v ra a...�� .uar u itl+�afi+aw.+o�rte Wxn.WCMw p}—A-F-I--a i Calllarr4 P� LWWAAAPWM%d A1PMWP dpoeiy'M Ca• id By * Po*- CNMISM soon rrebillia COMWEAM roa Y� Cad vwml uk M hmaw dale b$@bM eM r,ir Marry d PaWW"ONO&AMEL libliMrrMd ROM rb W o r ONK-% bat WAM�IN 04M M Immom*NWN1N4E" Ot rxxnxaa owca.r m..plc is IRM•a6RqpL~" � .*+f aYi aMiePgwferrLPrealYt Yr•ePF r+ak^ rrW rP�p+nsw s6MDM IMi MpPMpa.-�rw, Thn WgLb rip►-ai Ire ward��•�rd��h+aYa�4[FP. - PMi Poa�d alrwevMI A r Adaa I a ur I em ae remporrtle argst Mrrp d Wd xM 10 are esl d my drele 19 and bard IN adWnldl rred n ft repot at rue and oonad IyYr III µ _ :A Maw..R CMS A.arnmrn} MOMPW r+raW—R,— Grantee To Compute LACMTA FA MEASURE R ATTACHMENT D-2 Invoice# QUARTERLY PROGRESS/ EXPENSE REPORT Invoice Date EA# 920000000MR uarterl Re rt# GRANTEES ARE REQUESTED TO EMAIL THIS REPORT TO ACCOLI NTSPAYABLEAD M ETRO.N ET or submit by mail to: Los Angeles County Metropolitan Transportation Authority Accounts Payable P.O. Box 512296 Los Angeles,California 90051-0296 after the dose of each quarter,but no later than November 30,February 28. May 31 and A,uc,=r 31. Please rote that letters or other forms of documentation may lam,be substituted for this form. Refer to the Reporting and Expenditure Guidelines(Attachment C)for further information. SECTIONQUARTERLY EXPENSE REPORT Please itemize grant-related charges for this Quarter on Page 5 of this report and include totals in this Section. LACMTA Measure R Grant; Project Quarter Expenditure phis Quarter Expenditure Retention Amount Net Invoke Amount(Less Retention) Project-to-Date Expenditure [this ds Expended to Date(Include Quarter) al Project Budget of Project Budget Expended to Date (Balance Remaining Rev: 12 2314 FA Measure R Hwys Gen Attachment D-2 Quarterly Report INFORMATION PROJECT TITLE: FA#: QUARTERLY REPORT SUBMITTED FOR: FIsca!Year: ❑20142015 ❑2015-2016 ❑2016-2017 ❑2017-201 B ❑2018-2019 ❑2019-2020 Quarter: ❑Q4:Jul-Sep ❑02:Oct-Dec ❑Q3: Jan-Mar ❑Q4:Apr-Jun DATE SUBMRTED: LACMTA MODAL CATEGORY: ❑RSTI ❑Pedestrian ❑Signal Synchronization ❑TDM ❑Bicycle ❑Goods Movement ❑Transit Name: LACMTA Project Manager Phone Wimber: E-rn aid: I Contact Name: Job Tale: De rtmertl: Project Sponsor Contact 1 Project Manager Crty I Nency: MaLbng Address: Phone Dumber: E{n8il: Rev. 12.23 14 FA Me"ure R Hwy%Gen Attachment D 2 Quarterly Report PROGRESSSECTION 3 : QUARTERLY . DELIVERABLES & MILESTONES List all deliverables and mileestones as stated in the FA, with start and and dates Calculate the total project duration. DO NOT CHANGE THE ORIGINAL FA MILESTONE START AND END DATES SHOWN IN THE 2'0 AND 3 ao COLUMNS BELOW. Grantees must make every effort to accurately portray milestone dates in the original FA Scope of Work, since this wig provide the basis for calculating any project delay. if milestone start and/or end dates change from those stated in the Ongnal FA Scope of Work,indicate the new dates under Actual Schedule below and re- cakulate the pmied duration However, this does not change the *r g al milestones in your FA. PER YOUR FA AGREEMENT, ANY CHANGES TO THE PROJECT SCHEDULE MUST BE FORMALLY SUBMITTED UNDER SEPARATE COVER TO LACMTA FOR WRITTEN CONCURRENCE. FA Milestones Original FA Schedule in Scope of Work Actual Schedule Start Date End Date Start Date End Date Environmental Clearance Design Bid S Award Design Right-of-Way Acquisition Construction Bid&Award Ground Breaking Event Construction Ribbon Cutting Event Total Project Duration(Months) 2.PROJECT COMPLETION A. Based on the comparison of the original and actual project milestone schedules above,project is(select only one): [:]On schedule per original FA schoWle Less than 12 months behind original schedule Between 12-24 months behind original schadsrle More than 24 months behind original schedule B.Was the project design started within 6 months of the date originally stated in the FA? Yes 0 No ❑ Not Applicable C. Was a construction contract or capital purchase executed within 9 months after completion of design l specifications? Yes No Not Applicable FA Measure R Hwys Gen Anachmanl G+Guam"Proprws Expenditure Raw Rev 11 t 14 1 Rev; 12.23 14 + FA Measure R Hwys Gen Attachment D-2 Quarterly Repcut .TASKS J MILESTONIES ACCOMPLISHED - - List tasks or milestones accomplished and progress made this quarter. t PROJECT-DELAY H project is delayed,describe reasons for delay(this quarter). Pay particular attention to schedule delays. If delay is for the same reason as mentioned In previous quarters,please Indk ate by writing'Sane as Previous Quarter. I.ACTION ITEMS TO RESOLVE DELAY if the project is delayed(as described in 04),include action items that have been,or will be,undertaken to resolve the delay. Rev: 12.23_14 FA Measure R Hwys Gen Attachment D-2 Quarterly Report ITEMIZED.SECT ION 4: LISTING OF QUARTER All expenses and charges must be itemized and listed below Each item listed must be verifiable by an invoice and/or other proper documentation. The total amounts shown here must be equal to this quarter's expenditures listed on page 1 of this report. All expenses and charges must be reflective of the approved budget and rates as shown in the FA Attachment B,Scope of Work. Use additional pages if needed. ITEM! INVOfCE 0 TOTAL EXPENSES CHARGED TO LACMTA MEASURE R GRANT 1 2 3 s 4 H 12 :3 TOTAL Note: Ail receipts,invoices,and time sheets.attached and included with this Expense Report must be listed and shown under the Invoice Number column of the itemized Listing(above). Invoice Payment Information: LACMTA will make aU disbursements electronically unless an exception is requested in writing_ ACH Payments require that you complete an ACH Request Form and fax it to Accounts Payable at 213-922-6107_ ACH Request Forms can be found at www.metro.netfcaMorprojects_ Written exception requests for Check Payments should be completed and faxed to Accounts Payable at 213-922-6107. 1 certify that I am the responsible Project Manager or fiscal officer and representative of and that to the best of my knowledge and belief the informabon stated in this report is true and correct. Signature Date Name Title i Rev 12-23 la i FA Measure R Hwys Gen Attachment ll-2 Quarter/7 Pu Re rt FTiP#: IAOG1147 Project#: MR306.25 Funding Agreement FA92000000O.MR306.25 ATTACHMENT F BOND REQUIREMENTS The provisions of this Attachment F apply only if and to the extent some or all of the Funds are derived from LACMTA issued Bonds or other debt, the interest on which is tax exempt for federal tax purposes and/or Build America Bonds as defined in the American Reinvestment and Recovery Act of 2009 or similar types of bonds (collectively, the "Bonds"). GRANTEE acknowledges that some or all of the Funds may be derived from Bonds, the interest on which is tax-exempt for federal tax purposes or with respect to which LACMTA receives a Federal subsidy for a portion of the interest cost or the investor receives a tax credit. GRANTEE further acknowledges its understanding that the proceeds of the Bonds are subject to certain ongoing limitations relating to the use of the assets financed or provided with such proceeds ("Project Costs" or "Project Components") in the trade or business of any person or entity other than a governmental organization (any such use by a person or entity other than a governmental organization is referred to as "Private Use"). Private Use will include any sale,lease or other arrangement pursuant to which a nongovernmental person or entity receives a legal entitlement of a Project Component and also includes certain agreements pursuant to which a nongovernmental person will operate or manage a Project Component. Each quarterly invoice submitted by GRANTEE to reimburse prior expenditures (or to be received as an advance) shall provide information regarding the specific Project Costs or Project Components to which the Funds which pay that invoice will be allocated and whether there is or might be any Private Use associated with such Project Costs or Project Components. GRANTEE will, for the entire time over which LACMTA's Bonds or other debt remains outstanding, (1) notify and receive LACMTA' s approval prior to entering into any arrangement which will or might result in Private Use and (2) maintain records, including obtaining records from contractors and subcontractors as necessary,of all allocations of Funds to Project Costs or Project Components and any Private Use of such Project Costs or Project Components in sufficient detail to comply and establish compliance with Section 141 of the Internal Revenue Code of 1996, as amended (the "Code"), or similar code provision then in effect and applicable, as determined by the LACMTA in consultation with its bond counsel. GRANTEE will designate one or more persons that will be responsible for compliance with the obligations described in this Attachment F and notify LACMTA of such designations. Rev: 04.01.15 FA Measure R Hwys Gen Attachment G Bond Requirements Los Angeles Metropolitan Transportation Authority 2017 Federal Transportation Improvement Program ($0001 LAOD279 Vernon City ol 79 Pf Dnapeal ATLANTIC BLVD BRIDGE OVER THE LA RIVER 616 WLE N SLAUSON AVE,WIDEN 6-ANE BRIDGE Swd cAO 1��a LIUO'Des SwdX.N1A I■ IeO IAdlN a, TO ADD RIGHT TURN LANE(BRIDGE 863Cd252) PM gam+d KVt Wm --:W)U3.6611 Emak boodsonac eanon a us LS:N LS GROUPS Canlamtly Catitpay-E7(BOq-93 125 System:Local Hwy Route Pa■4tlthth Dwlanoe Phre ROW Amome n Completion Defe 0313Qr l Lam i EIe1:3 Lana 9 Prop bnpry Dees.Bridle and at w wIAUMip Abel eb-SCAB E+mlt Dar•NEC.ATTVE DECLARAYM-1 I/DIrAM Mw 3 SB Toth Rob Tail Colc Lac To Me6wG HOW wx ep I= UML Us AngstswUM Sub-AneW LTthbllray Care L•IIP6 i0 200100p2M FJ4 t PPNO i1 PR*wn Cade WMW-BRIDGE RESTORATION t REPLC(NO LN ADD) SlaD Loe PFIASE PRIOR 16M7 17116 16*a '5L7C 2=1 21r22 BEYOND PROG TOTAL PE RW CON MTOM GTY-C■Y Fwws PE $302 6D S H2 RW S 7 SM S343 CON :D 123I $234 8tt�1'�'Rl1t iS71 1�TM1 iS7'4 C'T•-C,"Fwa4 AC rPws�.Cg y T PE Rw S0 7N Steam 3(14,707) ¢ r!"TAL StIF.707 $M.mn i4 :}EM OS%-Z kSwi4 -e.+FMOE Lu PE 51 164 III wt RW S214 $214 CON so i0 #1,374 Wm HORS E-W LuceSBG SG #D seo RIN St 252 S2,051 S0 $3,303 CON !9 SID 516.707 $10.707 51.3*1 m ml 415,747 Ilown PE S: as s0 Ftw $139 s9 $139 CON $0 $1,031 $1.931 SUBTOTAL 3139 Mot � TOTAL Pfe I1d11111 TarAL RW $3.999 TOTAL CON: 118,1171 -OrrrW Or■■■re TOW COW mM~aft etar lkb�R 6■ia TMFTIP to sales ePrlbabtivtid IMM Cy Fug" y r■ 47ae18■8 tt>A b ta111 few CM b 161thww R Car18e8 8138 b 77A8 Sae fAth■thwth R b Cy -rid"fit -T=Cthaaewe -Ohm rm Pi*dcWdop81■err Rerr FYwr 9■111wen FYaI Yews CITY: —Deft 6eft b 1M4In ROW tr$1 W tx1Y- +bre..be&In 17M0 in CON thew lib b SM mEkk ►AM toils b IMM in ROW tr rtr kWA-it -Oe 6ed<le17TthbCOMthere SLIM b$1.931 ,...a■r■rr ae 34+.�gg Change reason FIND SOURCE CHANGE Total Cost $24,426 Page 1 Saturday June 11.2016 Local Assistance Procedures Manual Exhibit 6-A Preliminary Environmental Study(PES)Form Preliminary Environmental Investigation Notes to Support the Conclusions of the PES Form (May Also Include Continuation of Detailed Project Description) A.Project Need The roadway width along Atlantic Blvd. across the Los Angeles River is far below current safety standards with narrow lanes and no shoulders.The bridge is considered Functionally Obsolete and is on the FHWA Eligible Bridge List for Highway Bridge Program funding due to the poor roadway width configuration. In addition,the southbound Atlantic Blvd. right turn lane onto District Blvd. is shorter than required to handle the existing traffic volumes. Implementation of the proposed project would improve safety and operational functions along Atlantic Boulevard. B.Project Description The project is to rehabilitate and widen the existing Atlantic Boulevard Bridge over the Los Angeles River (State Bridge No. 53CO252)in City of Vernon.The project was authorized to proceed with Preliminary Engineering(PE)on September 10,2002. Following the PE authorization,the City conducted preliminary engineering studies equivalent to 30%design to define the project scope,and performed environmental technical studies in accordance with the Caltrans-approved Preliminary Environmental Study(PES)form. The environmental NEPA determination of Programmatic Categorical Exclusion(PCE)was granted by Caltrans on August 2,2006.The local CEQA determination of Mitigated Negative Declaration was filed in the State Clearinghouse(SCH)on November 15,2006 and was publically cleared on December 15,2006. The original proposed bridge improvements are outlined below: I. Widening the existing bridge on both sides from a curb-to-curb roadway width of 60 feet to a width varying from 93 feet at the southerly bridge abutment to 88 feet at the northerly bridge abutment.The widened bridge deck will consist of six(6) I 1-foot through lanes,an 11-foot southbound right turn lane,two(2)4-foot shoulders,a median tapering from I 1-foot at the District/Atlantic intersection to 3 feet at the northerly rail crossing,and two(2)5-foot sidewalks. 2. Adding six(6)debris walls in the channel upstream of the bridge. 3. Construction of the pier widening and debris walls will include installation of concrete piles in the riverbed. 4. The Atlantic Blvd. south of District BIvd. will be widened to the east to provide roadway approach transition to match the widened bridge. C.Modified or Added Project Elements During the course of the final design development,some project elements require modifications in order to streamline the project needs and permitting.The modified or added project elements are described in the below. Photos showing the existing conditions,color rendered photos illustrating the existing and the proposed conditions,and an exhibit identifying the modified or added project elements are in Attachment E. Rail Crossing Safety Improvement-PUC Permitting Requirement I. Adding_gates at the northerly rail crossing;The existing bridge is sandwiched by two at-grade rail crossings,one at each end of the bridge.Each crossing is currently equipped with two single mast- mounted flashing light warning signals. Page 79 LPP 08-02 May 30,2008 Exhibit 6-A Local Assistance Procedures Manual Preliminary Environmental Study(PES)Form Based on the coordination with Public Utility Commission(PUC)and BNSF Railroad,and the results of the traffic queue video surveys and studies, it was determined that gates at the northerly rail crossing are required to meet PUC safety standards and to ease the PUC railroad construction permit. In addition,new flashing light warning signals will be installed and the existing at-grade crossing panels and rails will be replaced.The gates, warning signals,crossing panels,and the rails will be installed by the railroad forces and will be on BNSF's own cost. 2. Exic ridi qg the center median northerly and slight[v J nc reasi ng the brill a Wi don i width on the east side:The original proposed deck geometries consist of a center median tapering from I 1 feet at the District/Atlantic intersection to 3 feet at the northerly rail crossing.To provide adequate space in the center median to house the proposed gates at the northerly rail crossing as described above, it is proposed to extend the 11-foot center median continuously over the northerly rail crossing.The proposed improvement necessitates a constant bridge width instead of tapering the bridge on the east side as originally proposed.As such,the bridge width will be further widened on the east side for approximately 2 feet at the southerly bridge abutment and 8 feet at the northerly bridge abutment. The proposed improvement does not change the original traffic lane configuration which includes six(6) 11-foot through lanes,one(1) 11-foot southbound right turn lane,and two(2)4-foot shoulders. 3. Replacing the existing train detection system to eliminate unnecessam- activation of flashing ii rc warning signals at the northerly rail crossing_The flashing light warning signals at the northerly rail crossing are interconnected to a"Style C"train detection system. The rail approach limits extend 606 feet to the west and 690 feet to the east. Whenever a train encroaches into these limits, the crossing warning system is activated and the warning lights flash at the crossing. Even when a train is stopped within these approach limits,the crossing warning system will be activated and will remain activated until the train leaves the approach limits. Currently,there are train switching movements on the west side of the crossing. During many of these switching movements,the train never crosses the crossing. Such an event is referred to as an unnecessary crossing activation.Several such unnecessary activations have been observed and documented to occur on a daily frequency due to switching operations. Because there are no gates at the existing crossing, many motorists elect to proceed across the track if the train is not imminent. Although it is consistent with the California Vehicle Code for a flashing red signal(i.e.stop and proceed when clear/safe),crossing an activated rail warning signal poses a major safety concern to the operation of the roadway and the rail track. The unnecessary activation will further result in roadway safety and operational problems when BNSF Railroad installs new gates to meet the PUC safety requirements.When the gates are frequently lowered due to unnecessary activations,the traffic flow with a heavy Average Daily Traffic(ADT)volume of approximately 60,000 on the Atlantic Boulevard will be jeopardized. In addition,because some of the unnecessary activations last for several minutes,the concern is that motorists may become impatient and elect to drive around the gates or perform some other sort of unsafe evasive maneuver. To eliminate the roadway safety and operational problems elaborated above,it is proposed to replace the existing"Style C"train detection system with Constant Warning Time(CTW)train detection system.CWT system calculates the rate of change of shunt of an approaching train and provides a relatively consistent amount of warning time before the train reaches the crossing regardless of train speed. As such,trains that are moving relatively slow in the approach limits or are stopped within the approach limits will not activate,or will less frequently/lower duration activate,the crossing warning system.As such,the frequency and duration of unnecessary activations would be significantly reduced. Page 80 vtay 30,2008 LPP 08-02 Local Assistance Procedures Manual Exhibit 6-A Preliminary Environmental Study(PES)Form 4. Adding a queue-cutter traffic signal at the northerly rail crossing:A rail crossing intersects Atlantic Boulevard at approximately 20 feet north of the northerly bridge abutment.Traffic movements and queuing at the rail crossing in the northbound direction are highly influenced by its close proximity to the Interstate 710(I-710)freeway interchange. A traffic signal located at the entrance of the property at 3030 Atlantic Boulevard,approximately 250 feet north of the rail crossing also complicates the traffic movements. The segment of the Atlantic Boulevard at the project site is experiencing heavy traffic volumes of approximately 60,000 vehicles per day with more than 18%of traffic volume in trucks.The queue video surveys and the traffic study indicate there is queuing problem in the northbound direction at the northerly rail crossing,especially during the AM and PM peak hours. When the train approaches the rail crossing and activates the warning signal,queued vehicles,especially trucks,were frequently observed unable to clear the track zone due to the congested traffic at the downstream nearby 1-710 Interchange and the short storage length between the rail crossing and the signalized intersection at 3030 Atlantic Boulevard. The queuing problem will become a major safety concern when BNSF Railroad installs gates at the crossing. It is recommended to install a queue-cutter traffic signal between the northerly rail crossing and the signalized intersection at 3030 Atlantic Boulevard to eliminate potential queued vehicles within the track zone. USACE Permitting Requirement 5. Reconstruction of hydraulic training retaining walls: The proposed bridge widening on the west side of the existing bridge will impact the existing hydraulic training retaining walls at the northwest and southwest quadrant of the bridge.The training walls are proposed to be replaced and slightly realigned to provide smooth hydraulic transition to the widened bridge abutments. Structure Safety Improvement 6. Rep]acement of the severely deteriorated asphalt concrete(AQ pavement on the existing badge surface:The existing unique arch spandrel slab is filled with soils topped with AC pavement. The AC pavement has been severely deteriorated.The deteriorated and broken pavement on the bridge surface will allow the deck runoff(water)to seep through the deck and saturate the earth fill,which not only increases the dead weight and reduces the live load carrying capacity of the bridge slab but also corrodes the concrete arch slab. As such, it is recommended to replace the AC pavement with a concrete pavement.The proposed improvement will enhance the structural integrity,extend the service life of the existing structure,and improve the roadway rideability. Page 81 LPP 08-02 May 30,2008 Contreras,Rafael From: Muro,Eva Sent: Monday,July 25,2016 4:18 PM To: Contreras,Rafael cc Wieske,Derek;Zarate,Anthony,Patel,Hema;Moussa,Zaynah Subject FW:AGENDA rrEMS:Request 1240 Created Attachments: Staff Report-MTA Measure R Agreement(City Attorneys Office revisions)doc,RE:GCCOG 710;FA Measure R Funding Agreement-Vemon MR30623(City Attorneys Office revisions).docx Rafael, We have no further recommended revisions to the CEQA language in the staff report. In regards to the agreement, if only new charges can be reimbursed, and there are no policy reasons that would necessitate retroactive coverage of the agreement, the effective date should be the date of Council approval. Please let us know if you have any other questions. Thank you. Eva Muro Legal Secretary i City of Vernon 4305 Santa Fe Avenue i Vernon,CA 40058 Phone;(323)583-8811 ext. 273 CONFIDENTIALITY NOTICE:This e-mail transmission,and any documents,files or previous e-mail messages attached to it may contain confidential information that is legally privileged. It you are not the intended recipient,or a person responsible for delivering it to the intended recipient,you are hereby notified that any disclosure,copying,distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error,please immediately notify the sender. Please destroy the original transmission and its attachments without reading or saving in any manner. From:Contreras,Rafael Sent: Monday,July 25,2016 10:56 AM To: Muro, Eva Cc:Wieske, Derek;Zarate,Anthony;Patel, Hema; Moussa,Zaynah Subject: RE:AGENDA ITEMS: Request 1240 Created Hello Eva, Attached please see revised staff report. I have added language in response to your department's comments. In regards to the agreement effective date of August 5 2015, "Metro has stated that the agreement is not retroactive and only charges incurred after the CEO's signature can be reimbursed. This is because we did not have a completed agreement, but provided the draft FA to the city in 2015.We can revise the dates of the agreement to reflect this conversation if it will be easier for you to pass through your council/legal."Attached is the email correspondence with Metro staff. Is there a date that you would recommend for the effective date? This item has been rescheduled for the Council Meeting to be held on August 16,2016. Thank you, Rafael From: Muro, Eva Sent: Monday, July 11, 2016 1:14 PM To: Contreras, Rafael Cc: Wieske, Derek; Zarate, Anthony; Patel, Hema; Moussa, Zaynah Subject: FW: AGENDA ITEMS: Request 1240 Created Good Afternoon Rafael, Attached are our recommended revisions to the CEQA language in the staff report. Also attached are our recommended revisions to the agreement. Please let us know if you have any questions. Thank you. Eva Muro Legal Secretary I City of Vernon 4305 Santa Fe Avenue I Vernon,C4 90058 Phone:(323)583-8811 ext.273 CONFIDENTIALITY NOTICE:This email transmission,and any documents,files or previous e-mail messages attached to it may contain confidential intorrnation that is legally privileged. If you are not the intended recipient,or a person responsible for delivering it to the intended recipient,you are hereby notified that any disclosure,Copying,distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error,please immediately notify the sender. Please destroy the original transmission and its attachments without reading or saving in any manner. From:Contreras, Rafael Sent:Wednesday,July 06,2016 5:25 PM To:Patel, Hema CC:Muro,Eva;Wieske,Derek;Zarate,Anthony Subject:FW.AGENDA ITEMS:Request 1240 Created Hello Hema, Attached please find the Staff Report for the recommendation to approve the Measure R Funding Agreement with Los Angeles County Metropolitan Transportation Authority.This item is proposed for the Council Meeting to be held on July 19,2016. Also please review and approve as to form the proposed Measure R Funding Agreement. Files attached: • Staff Report—MTA Measure R Agreement • FA Measure R FULL AGREEMENT • FA Measure R Funding Agreement-Vernon MR30623 • MR FA Attachment A and B(Nan-Caltrans)-Vernon • MR FA Attachment C Cl C2 Statement of Work-Vernon Please note that Funding Agreement will incorporate the updated digital Attachments A, B&C. My apologies for the late submittal request for the agreement approval as to from,please let me know if this item cannot be accommodated for the July 19"'City Council meeting. Thank you, RAFAEL CONTRERAS,P.E. I Project Engineer City of Vernon I Public Works,Water,&Development Services Dept. 4305 Santa Fe Ave. I Vernon CA 90058 Office(323)583-8811 Ext.215 1 Cell(323)974-1612 rcontreras@ci.vernon.ca.us -----Original Message----- From:Agenda Items Request[mailto:donotrepiy@ci.vernon.ca.us] Sent.Thursday,June 16,2016 5:17 PM To:Zarate, Anthony Subject:AGENDA ITEMS: Request 1240 Created Thank you for submitting your request to the agenda items portal. You can view or update the request at: http://agendaitems/user/view.asp?id=1240 REQUEST DETAILS ID: 1240 User:azarate Date:6/16/2016 5:16:47 PM Title:July 19, 2016/Measure R Funding DESCRIPTION Funding agreement to allocate Measure R Funding for the Atlantic Boulevard Bridge. 3