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20180206 Regular City Council Meeting - Packet California Public Records Act ("PRA"): In compliance with the PRA, the documents pertaining to agenda items, including attachments, which are presented to the City Council in open session are available for public inspection. They may be inspected during regular business hours in the Office of the City Clerk at Vernon City Hall, 4305 Santa Fe Avenue; Vernon, California 90058, no appointment necessary, and on the City's website at www.cityofvemon.org. Americans with Disabilities Act ("ADA"): In compliance with the ADA, if you need special assistance to participate in the meeting, please contact the Office of the City Clerk at (323) 583-8811. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. Agenda City of Vernon Regular City Council Meeting Of V Tuesday, February 6, 2018, 9:00 a.m. v~� IF°"" off City Hall, Council Chamber 4305 Santa Fe Avenue Vernon, California Melissa Ybarra,Mayor V s� t[Y 1?49 A Yvette Woodruff-Perez,Mayor Pro-Tem William J. Davis, Council Member Luz Martinez, 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. ORDINANCE NO. 1249 - An Ordinance of the City Council of the City of Vernon, California, adding Article VII to Chapter 22 of the Vernon Municipal Code to authorize Overload Vehicle Permits (First Reading) Recommendation: A. Find that approval of the proposed Ordinance is exempt from California Environmental Quality Act ("CEQA") review, because it is not a "project" under CEQA, which is defined as an action directly undertaken by a public agency which has the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the Regular City Council Meeting Agenda February 6, 2018 environment. See CEQA Guidelines section 15378. Even if the ordinance were to be considered a "project," under CEQA Guidelines Section 15061(b)(3), the ordinance would be exempt from CEQA review, because it does not have the potential for causing a significant effect on the environment, especially where, as here, adoption of the ordinance is being pursued to provide the legal basis for the current practice of issuing overload vehicle permits. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Here, the proposed Ordinance involves the establishment of Article VII of Chapter 22 of the Vernon Municipal Code authorizing issuance of overload vehicle permits and will not have any effect on the environment; and B. Conduct a Public Hearing and receive any comments from the public regarding the proposed Ordinance; and C. Approve the first reading, and adopt at a subsequent meeting, an Ordinance establishing Article VII of Chapter 22 of the Vernon Municipal Code authorizing overload vehicle permits. PRESENTATIONS 2. Results of the Fiscal Year 2017 Financial Audit Presented by: Vasquez & Company LLP, Independent Certified Public Accountant 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 3. Claim for Damages from Jerry Chavez received January 23, 2018 4. Claim for Damages from Gloria Aitun received January 23, 2018 Minutes—To be Received and Filed 5. Minutes of the Regular City Council Meeting held January 16, 2018 6. Minutes of the Special City Council Meeting held January 18, 2018 Warrant Registers 7. Ratification of the following City Warrant Register to record the following voided checks: A. City Warrant Register No. 1467 to record voided Check No. 353808 in the amount of$214.00; and Page 2 of 6 Regular City Council Meeting Agenda February 6, 2018 B. City Warrant Register No. 1474 to record voided Check No. 354914 in the amount of$1,900.10. 8. Approval of City Warrant Register No. 1487, totaling $2,517,098.03, which covers the period of January 9 through January 29, 2018, and consists of the following: A. Ratification of wire transfers totaling $1,940,818.15; and B. Ratification of the issuance of early checks totaling $548,081.10; and C. Authorization to issue pending checks totaling $28,198.78. 9. Approval of Light & Power Warrant Register No. 452, totaling $7,006,471.60, which covers the period of January 9 through January 29, 2018, and consists of the following: A. Ratification of wire transfers totaling $6,867,580.54; and B. Ratification of the issuance of early checks totaling $129,749.70 C. Authorization to issue pending checks totaling $9,141.36 10. Approval of Gas Warrant Register No. 240, totaling $2,562,294.62, which covers the period of January 9 through January 29, 2018, and consists of the following: A. Ratification of wire transfers totaling $2,552,163.33; and B. Ratification of the issuance of early checks totaling $10,131.29. City Clerk Department 11. A Resolution of the City Council of the City of Vernon,California making technical updates to the ballot language for the Utility Users Tax Measure R for the City's General Municipal Election of April 10, 2018, to comply with recent updates to California Elections Code Section 13119(b) Recommendation: A. Find that adoption of the proposed resolution is exempt from California Environmental Quality Act ("CEQA") review, because it is an administrative activity of government 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 a resolution updating(only)the ballot language for the Utility Users Tax Measure R for the General Municipal Election of April 10,2018 to comply with recent updates in law to CA Elections Code §13119(b) effective January 1, 2018. Fire Department 12. Activity Report for the period of January 1 through January 15, 2018 Page 3 of 6 Regular City Council Meeting Agenda February 6, 2018 Police Department 13. Activity Log and Statistical Summary of Arrests and Activities for the period of January 1, through January 15, 2018,to be received and filed Public Utilities Department 14. Renewable Portfolio Standard (RPS) Annual Status Report for Calendar Year 2017 Recommendation: A. Find that the Renewable Portfolio Standard(RPS)Annual Status Report is exempt from California Environmental Quality Act (CEQA) review because, as a continuing administrative activity, such is not a "project" as defined in CEQA Guidelines Section 15378. And even if such activity were a"project,"it would be exempt from CEQA review in accordance with CEQA Guidelines Section 15307 and 15308 because the RPS activity managed by Vernon Public Utilities is aligned with regulatory provisions to maintain, restore, or enhance the environment; and B. Receive and file the annual Renewable Portfolio Standard (RPS) Report for Calendar Year 2017, as report is for informational purposes only. 15. Authorize the Issuance of a Purchase Order with Schweitzer Engineering Laboratories, Inc. c/o Matzinur-Keegan Inc. (MKI) for Substation Real-Time Automation Controllers (RTAC) and Event Collection Software TEAM Recommendation: A. Find that approval of the proposed action is exempt from California Environmental Quality Act ("CEQA") review, because accepting and awarding a quote 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. As to the replacement of components of Vernon Public Utilities("VPU")electric substation protective relay controllers,the proposed action is exempt from CEQA review, in accordance with CEQA Guidelines § 15302, because the proposed project consists of the replacement or reconstruction of existing equipment where the new equipment will be located on the same site as the equipment replaced and will have substantially the same purpose and capacity as the equipment replaced B. Authorize issuance of a Purchase Order to Schweitzer Engineering Laboratories, Inc. ("SEL") c/o Martzinger-Keegan,Inc. ("MKI")in an amount not to exceed$84,360.99 including taxes and fees, for the purchase of equipment related to the City's electric substation protective relay operations. 16. Authorize the Issuance of a Purchase Order to Omicron Electronics Corp USA ("Omicron") for one Omicron CMC 356 Test Set Recommendation: Page 4 of 6 Regular City Council Meeting Agenda February 6, 2018 A. Find that approval of the proposed action is exempt from California Environmental Quality Act ("CEQA") review because accepting and awarding a quote 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. As to the replacement of electrical distribution transformers, the proposed action is exempt from CEQA review, in accordance with CEQA Guidelines § 15302, because the proposed project consists of the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced; and B. Approve and authorize the issuance of a Purchase Order to Omicron Electronics Corp USA for an amount not to exceed $60,772.52, including taxes and fees, for one (1) Omicron CMC 356 Test Set and Accessories. Public Works 17. Building Department Report for the Month of December 2017 18. Acceptance of Electrical Easement at 4415 Bandini Boulevard (APN 5243-019-0211 Recommendation: A. Find that the acceptance of the Electrical Easement proposed in this staff report is not a"project" as that term is defined under the California Environmental Quality Act(CEQA)Guidelines Section 15378, and even if it were a project, it would be categorically exempt in accordance with CEQA Guidelines Sections 15301 (maintenance, repair or minor alteration of an existing facility and involves negligible or no expansion of an existing use) and 15061(b)(3) (general rule that CEQA only applies to projects that may have a significant effect on the environment); and B. Accept the Electrical Easement, in substantially the same form as attached to this staff report, and authorize the Mayor to execute the Certificate of Acceptance. NEW BUSINESS Public Utilities Department 19. Desert Harvest or Maverick Solar Proiect— Power Sales Agreement Between the City of Vernon and the Southern California Public Power Authority Recommendation: A. Find that the approval requested in this staff report is not a "project" subject to the California Environmental Quality Act (CEQA) under Guidelines section 15378 because it involves the administrative activity of purchasing power; and 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 Page 5 of 6 Regular City Council Meeting Agenda February 6, 2018 because purchasing power 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 Desert Harvest or Maverick Solar Project Power Sales Agreement between the City of Vernon ("City") and Southern California Public Power Authority ("SCPPA"), in substantially the same form herewith, for the purpose of purchasing solar power with associated green attributes in compliance with the Renewable Resources Procurement Plan and Enforcement Program in force at the City; and C. Authorize the General Manager of Public Utilities to execute the Desert Harvest or Maverick Solar Project Power Sales Agreement between the City and SCPPA, in substantially the same form herewith, which includes the purchase of twelve (12) megawatts of solar power over the term of 25 years beginning with the project commercial operation date of December 1, 2020. ORAL REPORTS 20. City Administrator Reports—brief reports on activities and other brief announcements. 21. City Council Reports —brief AB 1234 reports, or report on: activities, announcements, or directives to staff. CLOSED SESSION ■ 22. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1) Jerrick Torres and Lyndon Ong Yiu vs. City of Vernon, et al. Los Angeles Superior Court Case No. BC620265 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 1st day of February 2018. By: Maria E. Ayala City Clerk Page 6 of 6 RECEIVED w wts 012018 STAFF REPORT CITY ADM iNISTRATION CITY CLERK'S OFFICE PUBLIC WORKS DEPARTMENT C44-- DATE: February b, 2018 TO: Honorable Mayor and City Council FROM: Daniel Wall, Director of Public Works Departmen6�/ RE: Ordinance to Establish Overload Vehicle Permits Recommendation A. Find that approval of the proposed Ordinance is exempt from California Environmental Quality Act("CEQA") review, because it is not a"project" under CEQA, which is defined as an action directly undertaken by a public agency which has the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. See CEQA Guidelines section 15378. Even if the ordinance were to be considered a"project,"under CEQA Guidelines Section 15061(b)(3), the ordinance would be exempt from CEQA review,because it does not have the potential for causing a significant effect on the environment, especially where, as here, adoption of the ordinance is being pursued to provide the legal basis for the current practice of issuing overload vehicle permits. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Here,the proposed Ordinance involves the establishment of Article VII of Chapter 22 of the Vernon Municipal Code authorizing issuance of overload vehicle permits and will not have any effect on the environment; and B. Conduct a Public Hearing and receive any comments from the public regarding the proposed Ordinance; and C. Approve the first reading, and adopt at a subsequent meeting, an Ordinance establishing Article VII of Chapter 22 of the Vernon Municipal Code authorizing overload vehicle permits. Background The California Vehicle Code (CVC) limits the weight, width, length, and height of vehicles that are allowed on public streets and highways. Division 15, Chapter 5, Article 4, of the CVC, allows the legislative body of any city through an ordinance to permit the operation and moving of Page 1 of 2 vehicles and loads upon streets and highways under their jurisdiction whose weight and/or size exceed the maximums allowed by the CVC. Approximately 20 overload vehicle permit requests are made to the City in an average month. The Public Works Department and The Police Department currently accommodate these requests. It has been recently brought to staff s attention that these permits are not valid without an ordinance allowing overload vehicle permits. In order to accommodate the needs of the business community, while at the same time protecting the City's infrastructure, staff recommends the adoption of the proposed ordinance establishing overload permits. The proposed article is shown as Exhibit "A". Fiscal Impact There is no fiscal impact for the establishment of overload vehicle permits. Attachment(s) 1. Public Hearing Notice 2. Proposed Ordinance Page 2 of 2 4305 Santa Fe Avenue City of Vernon Vernon, CA 90058 0 A (323) 583-8811 fi � '�4 �*�Flz LH�L NOTICE OF PUBLIC HEARING REGARDING THE PROPOSED ORDINANCE ADDING ARTICLE VII (OVERLOADS)TO CHAPTER 22 OF THE VERNON MUNICIPAL CODE The City of Vernon will conduct a Public Hearing,which you may attend. PLACE: Vernon City Hall City Council Chamber 4305 Santa Fe Avenue Vernon,CA 90058 DATE&TIME: Tuesday,February 6,2018 at 9:00 a.m. (or as soon thereafter as the matter can be heard) PURPOSE/SUBJECT: Consider the adoption of an Ordinance to include Article VII in the Vernon Municipal Code,Chapter 22,Streets and Sidewalks regarding overload vehicles and repealing all prior ordinances and parts of ordinances in conflict therewith. DOCUMENTS 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 FOR REVIEW: at 4305 Santa Fe Avenue,Vernon,California,between the hours of 7:00 a.m.and 5:30 p.m.Monday through Thursday. Please send your comments or questions to: Daniel Wall,Director of Public Works City of Vernon 4305 Santa Fe Avenue,Vernon,CA 90058 (323)583-8811 Ext. 305 Email: dw•alieaci.%emon.ca.us PROPOSED CEQA FINDING: Staff will recommend that the City Council find that this action is not subject to California Environmental Quality Act(CEQA)review,because this ordinance is not a"project"under CEQA,which is defined as a whole of an action directly undertaken by a public agency which has the potential for resulting in either a direct physical change in the environment or a reasonable foreseeable indirect physical change in the environment.See CEQA Guidelines section 15378.Even if the ordinance were to be considered a"project"under CEQA,which is not the case,the ordinance would be covered by the general rule set forth in CEQA Guidelines Section 15061(b)(3)which provides that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment,the activity is not subject to CEQA. Here,the ordinance involves the establishment of Article VII of Chapter 22 of the Vernon Municipal Code,which would authorize the City to issue overload vehicle permits in conformity with its current practice and will not have any effect on the environment. If you challenge the adoption of an Ordinance to include Article VII in the Vernon Municipal Code Chapter 22,Streets and Sidewalks,regarding overload vehicles and repealing all prior ordinances and part of ordinances in conflict therewith or any provision 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 ext. 546. The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and place without further notice of a public hearing. Dated: Maria E.Ayala,City Clerk ORDINANCE NO . 1249 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON, CALIFORNIA, ADDING ARTICLE VII TO CHAPTER 22 OF THE VERNON MUNICIPAL CODE TO AUTHORIZE OVERLOAD VEHICLE PERMITS 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, the California Vehicle Code ( "CVC" ) limits the weight, width, length, and height of vehicles that are allowed on public streets and highways; and WHEREAS, Division 15, Chapter 5, Article 4 , of the CVC, allows the legislative body of any city through an ordinance to permit the operation and moving of vehicles and loads upon streets and highways under their jurisdiction whose weight and/or size exceed the maximums allowed by the CVC; and WHEREAS, by memorandum dated February 6, 2018, the Director of Public Works has recommended the adoption of an ordinance adding Article VII to Chapter 22 of the Vernon Municipal Code allowing the City to issue overload vehicle permits in order to accommodate the needs of the business community, while at the same time protecting the City' s infrastructure; 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, the City Council desires to add Article VII to Chapter 22 of the Vernon Municipal Code to authorize issuance of overload vehicle permits . 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 of the foregoing recitals are true and correct. SECTION 2 : The City Council finds that the adoption of this Ordinance is exempt from California Environmental Quality Act ( "CEQA" ) review, because it is not a "project" under CEQA, which is defined as an action directly undertaken by a public agency which has the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment . CEQA Guidelines section 15378 . Even if the ordinance were to be considered a "project, " under CEQA Guidelines Section 15061 (b) (3) , the ordinance would be exempt from CEQA review, because it does not have the potential for causing a significant effect on the environment, especially where, as here, adoption of the ordinance is being pursued to provide the legal basis for the current practice of issuing overload vehicle permits . where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Here, the Ordinance involves the establishment of Article VII of Chapter 22 of the Vernon Municipal Code authorizing issuance of overload vehicle permits and will not have any effect on the environment . SECTION 3 : Article VII of Chapter 22, of the Vernon Municipal Code, is hereby added as set forth in Exhibit A which is attached hereto and incorporated by reference. SECTION 4 : Any ordinance, part of an ordinance, or code - 2 - section in conflict with this Ordinance is hereby repealed. SECTION 5 : 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 6 : 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. - 3 - SECTION 7 : 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 6th day of February, 2018 . Name : Title: Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: Brian Byun, Senior 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 Ordinance, being Ordinance No. 1249 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, February 6, 2018 , 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 2018, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) - 5 - EXHIBIT A ARTICLE VII. OVERLOADS Sec. 22.110: DEFINITIONS: As hereinafter used in this article, the following words are defined as follows: OVERLOAD: Shall mean any vehicle or combination of vehicles exceeding as to height, width, length, size or weight of vehicle or load the limitations set forth in Division 15 of the California Vehicle Code; PUBLIC UTILITY: Shall mean the City of Vernon Public Utilities Department and any person owning, operating or maintaining overhead light, power,telephone,telegraph, signal or other wires or underground structures necessary for public service; PUBLIC WORKS DIRECTOR: Shall mean the Director of Public Works for the City or his/her designee. Whenever any other word or phrase used hereinafter in this article is not defined herein, the definition thereof contained in the California Vehicle Code shall be deemed to apply. Sec. 22.111: PERMIT REQUIREMENTS: A. It shall be unlawful for any person to move any overload upon any street in the City unless a permit therefor has been issued by the Public Works Director and is valid and unrevoked. B. Every permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any peace officer or traffic officer, any authorized agent of the California Department of Transportation, any inspector of the Public Works Department of the City, or any officer or employee charged with the care or protection of the highways. C. It shall be unlawful to move any overload contrary to the terms and conditions of the permit issued by the Public Works Director. Sec. 22.112: INSPECTION PRIOR TO ISSUANCE OF PERMIT: Whenever it is determined by the Public Works Director that an inspection of the load to be moved is required prior to the issuance of a permit, arrangements shall be made by the applicant for the inspection of the load at the convenience of the Public Works Director prior to the issuance of any overload permit. Sec. 22.113:RESTRICTIONS ON MOVEMENT: It shall be unlawful for any person to move upon any street: A. Any overload on any Friday, Saturday, Sunday or day designated by the Council as a holiday; provided, however, that the Public Works Director may permit overloads to be moved on a Friday, Saturday or Sunday or on any such holiday if he/she finds that the movement of the overload may be made safely and without undue interference with traffic. Such permission, when granted, shall be included in and made a part of the permit required by Section 22.111; and B. Any overload in rainy or foggy weather,either day or night. This section shall not apply to any overload moved at the special instance and request of any authorized public officer in the event of flood, fire or other public disaster or exigency. Sec. 22.124: PARKING AND STOPPING: A. Parking: It shall be unlawful to park or to leave an unattended overload in and upon any street in the City between sunset and sunrise.Any such overload shall be moved off the traveled way or pavement so as not to interfere with passing traffic before it is left unattended. B. Stopping: It shall be unlawful at any time to stop any overload in excess of fourteen feet(14') in width upon any street in the City, except as required by traffic signs or signals or traffic conditions, or while actually moving the overload or portion thereof onto or off of the adjacent private property.The Public Works Director may limit those hours during which such moving is permitted. Sec. 22.115:NIGHT MOVING: When any overload is moved at night, warning lights must be displayed indicating the clearance of such overload to the rear, to the front, and to each side; such lights must be at least four(4) in number and be visible from a distance of five hundred feet(500')to the front, to the rear, and to each side, respectively, of such overload. Whenever a load exceeds fourteen feet(14') in width, it shall be accompanied by two (2) pilot vehicles with flashing warning lights, one preceding and one following the overload. Sec. 22.116:OVERLOAD PERMIT FEES: No permit to move any overload shall be issued by the Public Works Director unless the applicant has first: A. Made written application therefor upon forms provided by the Public Works Director.The Public Works Director may require the applicant to furnish him with such information as he determines is necessary under the circumstances in order to carry out the provisions of this article; B. Paid the fee in an amount designated in the Vernon Fee Resolution at the time the application is filed with the Public Works Director; and C. Complied with all other applicable provisions of this article. Sec.22.217: PROCEDURE UPON APPLICATION: The Public Works Director shall receive the application at least seven (7)calendar days prior to the proposed time of the move. The Public Works Director shall notify potentially affected public utilities, City departments, and/or agencies of the requested overload move,so that the affected utility, etc., may have time to review the request and respond accordingly. In such instances where an affected facility will have to be moved or altered, the applicant shall have on deposit with the owner of the affected facility an amount of money equal to the estimated cost to said affected party to make the necessary alterations to its facility. 22.118: ISSUANCE OF PERMIT: A. If the Public Works Director shall determine from the application, or upon such independent investigation as he/she deems necessary, that issuance of any permit would unreasonably subject highways, bridges or other public property or places to injury or damage or would create a hazard to life or property, the Public Works Director shall deny the application; otherwise, if the Public Works Director shall first determine that all applicable provisions of this article have been complied with, he/she shall issue a permit; but the Public Works Director in his discretion may limit the number of trips, establish seasonal or other time limitations within which the vehicle or vehicles described may be operated,or otherwise limit or prescribe conditions of operations,when necessary to assure against undue damage to road foundations, surfaces or structures or to protect highways, bridges or other public property or places from injury or damage or to protect life or property. B. Whenever any overload is proposed to be moved in more than one section or portion, a separate permit shall be issued for the moving of each section or portion of such overload. C. The Public Works Director shall determine the route over which each overload may be moved in accordance with the clearance permitted by underpasses, overhead wires and other physical obstacles and conditions, and in accordance with the capability of any structure, roadway or other facility to support the load imposed thereon by the overload. D. The Public Works Director shall determine the times when the overload shall be moved in accordance with the provisions of this article and in accordance with public convenience and safety. Every such permit shall become and be void unless the moving of the overload shall be completed within the time specified in the application for such permit; provided, however, that the Public Works Director may extend such time when the moving of any overload or any section or portion thereof is rendered impracticable by reason of inclemency of the weather, strikes or other causes not within the control of the permittee. Sec. 22.119: EXTENDED USE PERMITS: A. The Public Works Director may issue permits for continuous movement of similar overloads over the same route for a period of up to one year; provided, however, that all such permits shall expire on the last calendar day of the year in which they were issued. B. No such permit shall be issued, however, unless the applicant shall post and maintain with the Public Works Director a policy of property damage insurance or a bond and a certificate of insurance in compliance with Section 22.121. C. The Public Works Director shall adopt such rules and regulations regarding the issuance of annual permits as he determines are necessary to control the moving, size and weight of the equipment, including the designation of routes to be traveled,days and hours during which movement is permitted and safety devices required in order to safeguard the public health, safety, welfare or property. Sec. 22.120: PERMIT CONTENTS AND LIMITATIONS: A. No permit to move any overload shall be valid unless it shall set forth specifically on its face and at a minimum: 1. The period of time for which it is to be effective; 2. The route or routes over which the overload or overloads may be moved; 3. The hours of the day or night during which the overload may be moved. Sec. 22.121:INSURANCE AND BONDS: A. Every applicant for a permit to move any overload over any street within the City shall post and maintain with the Public Works Director before the permit is issued a policy of property damage insurance or a bond in an amount the Public Works Director deems satisfactory.Such policy or bond shall be first approved by the Public Works Director.Any such bond shall be conditioned on the permittee's promise to pay any and all loss or damage sustained by or done to any public property as a result of the movement of such overload, and that the principal shall indemnify the City for any such loss or damages. If the policy of property damage insurance or bond is insufficient to pay such costs, the balance may be recovered by the City from the permittee in any court of competent jurisdiction. B. In addition, every permittee shall carry and maintain for the full effective period of the permit, and any renewal thereof, bodily injury liability and property damage insurance including completed operations coverage, protecting the permittee from any and all claims and actions for bodily injury, including accidental death, and for property damage, which may directly or indirectly arise from,grow out of, or be attributable to, his operations or performance under the permit,whether such operations be by the permittee or by any subcontractor, or by any person directly or indirectly employed by either or any of them, in an amount the Public Works Director deems satisfactory for bodily injuries, including accidental death, to any one person; and subject to the same limit for each person in an amount the Public Works Director deems satisfactory on account of any one occurrence; and in an amount the Public Works Director deems satisfactory for property damage on account of any one occurrence. Said insurance shall indemnify and save harmless the City, its officers, employees and representatives from any and all claims and actions for bodily injury, including accidental death, and for property damage, which may directly or indirectly arise from,grow out of or be attributable to operations under the permit. However, said insurance need not protect against injury or death occurring to any officer, employee or representative while acting within the scope of his employment under the Workmen's Compensation Act.Said insurance shall provide that it will not be modified, changed or terminated until at least ten (10) days' notice thereof has been filed with the City Clerk. Lapse or termination of such insurance shall automatically void the permit. Sec. 22.122: OVERLOAD INSPECTOR FEES: A. Where the Public Works Director, as a condition of issuance of a permit to move any overload, requires an inspection of the overload at the site or requires it to be accompanied by an inspector,the applicant shall deposit in advance an amount to be determined by the Public Works Director to be adequate to cover the cost of inspection for the time deemed by the Public Works Director necessary for the performance of such service. B. At the completion of the moving of such overload, the Public Works Director shall deduct from such deposit a sum equal to the cost of providing such inspection and shall refund to the depositor any difference between the amount deposited and the amount so deducted. C. Notwithstanding the need for an inspector to inspect the overload at the loading site, or for the need for an inspector to accompany the overload through the City, the Public Works Director shall collect a fee to inspect the route traveled by the overload whenever the load exceeds twenty five feet (25') in width and/or seventeen feet(17') in height or, in the opinion of the Public Works Director,the overload may inflict damage to public or private property. Said inspection fee shall be in an amount designated in the City of Vernon Fee Resolution. Sec. 22.123: NO INTERFERENCE WITH PUBLIC UTILITY PROPERTY: No permittee shall interfere in any manner whatsoever with any property of any public utility, notwithstanding anything in the permit granted by the Public Works Director pursuant to the provisions of this article. Sec. 22.124: LIMITED EXEMPTION FOR GOVERNMENTAL AUTHORITIES: The provisions of this article shall apply to the United States, this State,counties, municipal corporations, school districts and to all other governmental bodies, agencies or instrumentalities; provided, however,that if any such government or governmental agency or instrumentality shall file with the Public Works Director an agreement in writing to pay all damages, costs or expenses which may be suffered or incurred by this City as a result of the movement of any overload by such government, agency or instrumentality,then it need not pay any permit fee or post any deposit, policy of property damage insurance or bond or maintain any insurance otherwise required by any such provision. This exemption shall not apply to any private contractor engaged by any governmental body nor to any equipment or vehicle not operated by an employee of the governmental body moving the overload under the supervision and control of an officer thereof. RECEIVED .* RECEIVED FEB 01 2018 FEB 01 2" CITY CLERK'S OFFICE STAFF REPORT my AD I x TRWION FINANCE DEPARTMENT c DATE: February 6, 2018 TO: Honorable Members of the Vernon City Council FROM: William Fox, Finance Director Originator: Masami Higa,Assistant Finance Director 4JI. RE: Presentation on Results of FY 2017 Financial Audit Presentation by Vasquez & Company on the results of the annual financial audit for FY 2017. Background The City prepares its Annual Financial Report at the end of its fiscal year. Pursuant to the City's Charter, the Annual Financial Report must be audited by an independent Certified Public Accountant. Accordingly, the City contracted with Vasquez & Company LLP to complete the audit for FY 2017. The auditor will brief the City Council on the results of the audit. Fiscal Impact None Attachment(s) None Page 1 of 1 7014 2120 0003 7821 0925 CLAIM FOR DAMAGES RESERVE FOR FILING STAMP TO PERSON OR PROPERTY CLAIM No. INSTRUCTIONS 1 Claims for death,injury to person or to personal property must be filed not later than six(6)months after the occurrence" (Gov. Code Sec.9112) 2. Claims for damages to real property must be filed not laterthan one(1)year after the occurrence. (Gov Code Sec 9112) 3. Read entire claim before filing 4. See page 2 for diagram upon which to locate place of accident 5. This claim form must be signed on page 2 at bottom 6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET 7 Claim must be filed with City Clerk. (Gov Code Sec.915a) TO; CITY OF VERNON CITY COUNCIL Name of Claimant Age o F Claimant natural person Jerry Chavez 52 Home Address of Claimant City and Stiole m er Business Addre55 of Clairrnant City and State Business Telephone Number Give address to which you desire notices or communications to be sent regarding this claim: I s' How did DAMAGE or INJURY occur? Give full particulars. See attached. When did DAMAGE or INJURY occur? Give full particulars, date, time of day, etc.: See attached. Where did DAMAGE or INJURY occur? Describe fully,and locateondiagramon reverse side ofO ;ssheet where approximate, give street names and address and measurements from landmarks: See attached. What particularACT or OMISSION doyou claim causedthe injury or damage? Give names of City employees, if any, causingthe injury or damage, if known. See attached. What DAMAGE or INJURIES do you claim resulted? Give full extent of injuries or damages claimed: See attached. WhatAMOUNTdo youclaimofeach item of injury or damage as of date of presentation of this claim, givingbasisof computation: The City denied Mr.Chavez pay raises,promotions,and performance reviews.It has also unfairly suspended.transferred,and punished him.Mr.Chavez has experienced actual damages,as well as pain and suffering,in an amount to be determined by at trial. Give ESTIMATED AMOUNT as faras known you claim on account of each item of prospective injury ordamage,giving basisof computation- Mr. Chavez will be seeking an amount not less than $1,000,000 at trial. Were you insured at the time of the incident?If so, provide name of insurance company, policy numbers and amount of insurance payments received: NIA Expenditures made on account of accident or Injury: (Date-Item) (Amount) TBD Name and address of Witnesses, Doctors and Hospitals: See attached READCAREFULLY 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 comers. If City Vehicle was Involved,designate by letter'A"location of City vehicle when you first saw it,and by"B"location of yourself oryour vehicle when you first saw City vehicle; location of City vehicle at time of accident by'A-1"and location of yourself or your vehicle at the time of accident by"8 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 71\ \ FOR OTHER ACCIDENTS LSIDEWALK cuiv CURBI PAR KW AY SIDE4WALK 77A 6 I declare, under penalty of perjury, that the foregoing, including any attachments, is true and correct TypediPrinted Name- Fg W-3 -1-1 filing on hes+her behalf,giving Date: Stephen Frieder rely 1' 17 � �1a NO:E ALL GI-A IMANTS MAYBE REQUESTED TO BE EXAV!�NE H PRESENTATION OF A FALSE CLAIM IS A FELONY iCAL PEN CODE SEC 72) CLAIMS MUST BE FILED WITH CITY CIELAW PROVIDES THAT IF YOU ARE NOT NOTIFIED OF ANY ACTION BY THE CITY OF THIS CLAIM WITHIN 45 DAYS OF FILING THEN THE CLAIM IS DEEMED DENIED(SEE GOV.CODE SEC 911 6 d 912 4) R-Wu16 Attachment to Vernon Claim Form: This claim relates to retaliation, discrimination, and legal violations (including the Peace Officer Bill of Rights) committed by the City and employees of its Police Department, including Chief Daniel Calleros, Captain Michael Gillman, Captain Roberto Sousa, Lieutenant Jerry Winegar, and Chief Anthony Miranda. Jerry Chavez has been employed by the City of Vernon ("the City") since 1994.1 He began experiencing workplace harassment in December of 2008 or January of 2009, by then-Sergeant David Zapien and others. After enduring years of harassment, he finally filed a complaint on February 25, 2014. Among other issues, Mr. Chavez complained that a detective wrote "Unmarked Cop Car" on the back of his undercover vehicle. Marking his car as such put his life (and cover) in peril. Captain Michael Gillman brushed the incident aside and merely told Mr. Chavez to clean the car. Mr. Chavez filed a formal grievance on February 25, 2014, and an addendum on June 10, 2014, regarding the incident. Captain Gillman delayed and interfered with the investigation process. Mr. Chavez filed a grievance on August 12, 2014 relating to that interference. The Department ultimately sustained Mr. Chavez's allegations against Zapien, as the evidence was indisputable.z However, it did not punish Sergeant Zapien, who was friends with the Captain and Chief. The City never remedied the work place harassment or Captain Gillman's interference. Following Mr. Chavez's formal grievance, employees amplified their harassment of him, and department colleagues and command staff began retaliating against him. The Department has also retaliated against Mr. Chavez for filing workers' compensation claims � M � � �t� �. The City initially denied all claims without justification. Mr. Chavez successfully challenged the first three denials and is in the process of challenging the fourth. Command staff discourages employees from filing workers' compensation claims and has responded negatively to each claim that Mr. Chavez filed. The Department took another opportunity to retaliate against Mr. Chavez after he was assaulted in 2014, despite Mr. Chavez being the victim of a crime. Chief Calleros and Captain Gillman (whom he had filed a grievance against) conducted an "investigation" and (wrongly) determined that Mr. Chavez's conduct warranted severe punishment. The Department recommended suspension, reassignment to patrol, and a 5% pay decrease. The 1 For instances discussed herein,the Police Department for the City of Vernon is implicated as a liable party,if for any reason the City and Department are considered separate parties. 2 The Department issued the decision on February 19,201S—a year after 1Mr.Chavez filed the grievance.There is no excuse for the delayed determination. Mr.Chavez alleges that the Department delayed the decision in order to allow Mr.Zapien to retire without facing consequences for his conduct. "investigation" was unfair, retaliatory, and came to untrue conclusions. Mr. Chavez challenged the excessive recommendations and it was greatly reduced. However, he still lost around $12,000 and was reassigned. Command staff was clearly retaliating for Mr. Chavez's aforementioned complaints. Mr. Chavez has also been denied his right to select work schedules based on seniority, as guaranteed by the MOU between the City and its employees. He has also been denied yearly performance reviews for the last 4 years, among other things. He has fought for his rights with command staff and met resistance throughout. Command staff expressed its irritation with Mr. Chavez's complaints and attempted to get him to stop asserting his rights under the MOU. The Chief even attempted to change the terms of the MOU in response to Mr. Chavez asserting his rights, but the Association held its ground. As a result of the foregoing, among other things, the City has denied Mr. Chavez two promotions in the last few months—one in June 2017 and one in September 2017. Command staff has interfered with and tainted the interview processes to prejudice his chances of promotion. Both processes were also impacted by untruthful and unfair evaluations. To wit, scoring forms are used in order to evaluate candidates. Mr. Chavez has been evaluated on the same criteria many times in the past several years, and always received excellent scores, which is consistent with his experience, education, and other factors that he easily satisfies. Since the City began retaliating against Mr. Chavez, evaluators have given him failing scores without justification. For the same evaluation under which he had many times earned "Exceptional" to "Superior" scores, he suddenly received "Unsatisfactory" scores, which eliminated him from consideration. The two recent positions went to officers who are younger and less experienced than Mr. Chavez; one of which has engaged in unlawful, dishonest, and unethical conduct in the past. Command staff does not manage with an even hand —it applies different standards to different employees based on factors of friendship (cronyism), race, age, and in Mr. Chavez's case, focuses on the fact that he filed grievances, filed workers' compensation claims, and challenged command staffs interpretations of the MOU. The Department has also discriminated against Mr. Chavez on the basis of his race/ethnicity. Mr. Chavez is a Hispanic male. In the 24 years he has worked for the City, there have been 19 lieutenants. 18 have been white. The officers that the Department recently promoted over Mr. Chavez are white, unqualified, and have questionable pasts. Furthermore, Mr. Chavez has been disparately punished for lesser acts than those committed by white officers, including Kent Stevenson and Brandon Grey, who both committed severe policy violations and received de minimus punishment, and were ultimately promoted over Mr. Chavez. The City is also discriminating against Mr. Chavez on the basis his age. He is 52 years old. All recent promotions have gone to persons younger and less qualified than Mr. Chavez. Command staff has incorrectly indicated that Mr. Chavez is close to retirement and has failed to give him a review in over four years, and has unfairly evaluated his development potential and his ability to lead. All of the foregoing issues are well documented in the City's files, including all formal complaints filed by Mr. Chavez. The Department has harassed, retaliated against, and discriminated against Mr. Chavez. The Department's conduct has caused Mr. Chavez daily stress, anguish, humiliation, and suffering. It has resulted in Mr. Chavez suffering a hostile work environment, being denied promotions, being subjected to unfair interview processes and work reassignments, lost opportunities, and suspensions. Mr. Chavez will be seeking compensatory damages, and general damages against the City, as well as punitive damages against responsible persons, in an amount to be determined at trial, but in no case less than $1,000,000. He will also be seeking to recover all attorney fees and costs incurred in bringing the suit, as mandated by FEHA. Please be advised that on January 17, 2018, we obtained a Right to Sue letter from the Department of Fair Employment & Housing. CLAIM FOR DAMAGES RESERVE FOR FILING STAMP TO PERSON OR PROPERTY CLAIM No. _ INSTRUCTIONS I;,Ol1 F L !"S � 1. Claims for death-injury to person or to personal property must be filed not later than six(6)moms after the occurrence. (Gov. Cooe Sec 9112) 5&CE1UID 2. Ctairns far damages to real property must be filed not later than one(1)year after tree occurrence (Gov Code Se c.91 t.2) pot)' 3. Read entire claim before filing. 4. See page 2 for diagram upon which to locate place of accident 5. This claim form must be signed on page 2 a- oottom 6. Attach separate sheets, if necessary. to give full details. SIGN EACH SHEET 7. Claim must be filed with City Clerk (Gov.Code SeC.9 Lsaj TO: CITY OF VERNON CITY COUNCIL e 3 ,airnant nature person} N rneot C.Wr,ant 1I131197 Gloria Ajtun ity an tate rnber City and Sta:e Business Te`. Number Business J1�prass of CIa.mBr.k t'1' ephone Give address to which ou desire notices or communications to be sent regarding this claim: 4305 South Santa �e Avenue, Vernon, CA 90058 How did DAMAGE or INJURY-occur' Give full particulars. Dangerous ccndition created by the City of Vernon caused severe injuries to Ms- Ajtun- When did DAMAGE or INJURY o cur? Give full particulars. date. time Of day, etc. September 21, 2017 Where did DAM:+Gr`c,:N.::.'R 'ocF%31r-' o e'bef'Ily.andlocateondiagramonreversesideofthissheet, where cu approximate,give street names and address and measurements from landmarks: Soto Street and 54th Street hatpBrticularACTorOMISSIONdoyouclaimcausedtheinjuryordamage? iver�amasof atyemployees. rfany. causingthe injury or damage. if known: Dangerous condition created by marked sidewalk. What pANtAGE or INJURIES do you claim resulted' Give full extent of arrturies or damages claimed: Treatment ongoing. What kM 0 U NT do you claim of each item of injury or d am a ge as of d ate of presentation of this Caa im, giving basis of computation: Treatment ongoing. Give ESTIMATEDAMOUNT as farasknown you claim an account of each item of prospective injury or damage,giving basisof computatiom Treatment ongoing. Were you insured at the time of the Incident?If so, promos name of insurance Company, pNicy numbem and amount of insurance pa meflt�reoem4: Medl-C:al recipient. Expenditures made on account of accident or Injury: (Date-Item) (Amount) Treatment and expenditures ongoing. Nam and address of*Ftnesses. Doctors and Hospitals LAG;+USC. TreatmenI ongoing. READCAREFULLY For all accident claims place on following diagram names of streets, including North,East South,and West indicate place of accident by"A"and by showing house numbers or distances to street comers. If City Vehicie 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 first saw City vehicle; location of City vehicle at time of accident by"A-1"and location of yourself or your vehicle at the time of accident by"81"and tt4 point of Impact by"X" NOTE:It diaara do-not fit-Pie shation, aft&. her:a a picper diagram signed by claimant FOR AUTOMOBILE ACCIDENTS FOR OTHER ACCIDENTS euD AILK 0UW8 CURD) PAIN AY ?7 I declare, under penalty of PeriurY, that the foregoing. including any attachments is true and correct. 1Pri c rn SIgna is mant Of arson film on Nsihar behalf,giving ?Ng/2018 I}n�f. 2lfan. Esq, elat NOT`.,ALL C tl!A_K'9 kt 6E REQUESTED TO BE EY"INED ON OF A FALSE G1JsIM IS A F`tLONY(CAL PEN.CODE SEC.72) CLAIMS(MUST BE FILED WITH CITY CLERK� _..____ THAT IF YOU ARE NOT NOTIFIED OF ANY ACTION BY THE Cn'Y OF THIS CLAIM WTTHIN 45 DAYS OF FILING THEN THE CLAIM IS DEEMED DENIED(SEE GOV.CODE SEC 911 B 8 9t2�) RW lyaie MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, JANUARY 16, 2018, IN COUNCIL CHAMBER OF CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Ybarra, Woodruff-Perez, Davis, Martinez, and Lopez MEMBERS ABSENT: None The meeting was called to order at 9:00 a.m. by Mayor Ybarra; Mayor Ybarra also led the flag salute. CHANGES TO THE AGENDA City Clerk Maria Ayala announced there were no changes to the agenda. PUBLIC COMMENT Mayor Ybarra 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 was provided. PRESENTATIONS 1. 2018 Used Oil Calendar Awards Presented by: Kevin Sales, KJServices Environmental Consulting Kevin Sales, KJServices Environmental Consulting, presented the awards to the student winners and business sponsors who were in attendance. Diane Espino, Vernon Elementary School Principal, thanked the City of Vernon and the participating business sponsors. 2. 2017 City of Vernon Exceptional Employee Program Presented by: Michael Earl, Director of Human Resources Director of Human Resources Michael Earl presented the 2017 City of Vernon Exceptional Employee Program to the following , all were in attendance: VEEP Cate o 2017 VEEP Award Winners Cost-Saving Idea Masami Higa Team Award Water Division Employee of the Year Anthony Serrano 3. Service Pin Awards for November and December 2017 Presented by: Michael Earl, Director of Human Resources November Anniversar NAME DEPARTMENT TITLE YEARS Daniel W. Armellini Fire Fire Captain 25 Douglas C. Baker Fire Firefighter 25 Thomas J. Egan Fire Firefighter/Paramedic 25 Andrew G. Kroner Fire Fire Engineer 25 Todd S. Painton Fire Fire Battalion Chief 25 Regular City Council Meeting Minutes January 16, 2018 December Anniversar NAME DEPARTMENT TITLE YEARS Renan Castro Public Works Lead Warehouse Worker 30 Jason G. Tomlinson Public Works Senior Mechanic 15 George Tolmasoff III Public Utilities Utilities Dispatcher 10 William Fox Finance Director of Finance/Treasurer 5 Director Earl presented the service pin awards for November and December to William Fox, Douglas Baker, and Dan Arellini who were in attendance. Mayor Ybarra recessed the meeting at 9:22 a.m. The meeting reconvened at 9:30 a.m. 4. Vernon's Power Resources Presented by: Abraham Alemu, Electric Resources Planning & Development Manager Electric Resources Planning &Development Manager Abraham Alemu provided a PowerPoint Presentation. General Manager Kelly Nguyen added additional information regarding renewable energy. A dialogue ensued between Councilmember Davis and staff regarding the selling of excess resources. CONSENT CALENDAR No public comment was provided. It was moved by Davis and seconded by Martinez to approve all matters listed under the Consent Calendar under one motion as presented. Motion carried, 5-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes Claims Against the City— Received and Filed 5. None Minutes—To be Received and Filed 6. Minutes of the Regular Vernon Housing Authority Meeting held June 7, 2016 7. Minutes of the Industrial Development Authority Meeting held December 6, 2016 8. Minutes of the Regular Public Benefits Resource Committee Meeting held June 6, 2017 9. Minutes of the Regular City Council Meeting held November 7, 2017 10. Minutes of the Regular City Council Meeting held December 5, 2017 Page 2 of 6 Regular City Council Meeting Minutes January 16, 2018 11. Minutes of the Regular Vernon Historic Preservation Society Meeting held December 5, 2017 12. Minutes of the Regular City Council Meeting held December 19, 2017 Warrant Registers 13. Ratification of the following City Warrant Register to record the following voided checks: A. City Warrant Register No. 1473 to record voided Check No. 354845 in the amount of$750.00. 14. Ratification of the following Light & Power Warrant Registers to record the following voided checks: A. Light &Power Warrant Register No. 1485 to record voided Check No. 513040 in the amount of$352.66. 15. Approval of City Payroll Register No. 739, totaling $2,893,11.52, which covers the period of December 1 through December 31, 2017, and consists of the following: A. Ratification of direct deposit, checks and taxes totaling $2,306,186.68; and B. Checks and electronic fund transfers (ETF) paid through General bank account totaling $586,924.84. 16. Approval of City Warrant Register No. 1486, totaling $1,938,624.42, which covers the period of December 12 through January 8, 2018, and consists of the following: A. Ratification of wire transfers totaling $1,273,727.87; and B. Ratification of the issuance of early checks totaling $664,896.55; and C. Authorization to issue pending checks totaling $4,948.13. 17. Approval of Light&Power Warrant Register No.451,totaling$6,351,041.35,which covers the period of December 12 through January 16, 2018, and consists of the following: A. Ratification of wire transfers totaling $6,330,701.44; and B. Ratification of the issuance of early checks totaling $20,339.91 18. Approval of Gas Warrant Register No. 239,totaling$1,996,261.33,which covers the period of December 12 through January 8, 2018, and consists of the following: A. Ratification of wire transfers totaling $1,987,699.78; and B. Ratification of the issuance of early checks totaling $8,561.55. 19. Approval of RDA Obligation Retirement Fund Warrant Register No. 41, totaling $7,000.00, which covers the period of November 28 through January 8, 2018, and consists of the following: A. Ratification of wire transfers totaling $7,000.00. City Clerk Department Page 3 of 6 Regular City Council Meeting Minutes January 16, 2018 20. Resolution No. 2018-01 - A Resolution of the City Council of the City of Vernon approving and authorizing the execution of an Agreement to Terminate Historic Building Preservation Agreement by and between the City of Vernon and the Vernon Historic Preservation Society Recommendation: A. Find that the Resolution Terminating the Historic Building Preservation Agreement does not constitute a"project"pursuant to section 15378(b)(2) of the Guidelines to the California Environmental Quality Act ("CEQA"), because it constitutes an administrative activity that will not result in direct or indirect physical changes to the environment; and even if the adoption of the proposed resolution did constitute a project, it would be exempt from CEQA in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Adopt a Resolution Terminating the Historic Building Preservation Agreement. Fire Department 21. Activity Report for the period of November 16 through November 30, 2047 22. Activity Report for the period of December 1 through December 15, 2017 23. Activity Report for the period of December 16 through December 31, 2017 Health and Environmental Control Department 24. December 2017 Monthly Report Police Department 25. Activity Log and Statistical Summary of Arrests and Activities for the period of December 1, through December 15, 2017, to be received and filed 26. Activity Log and Statistical Summary of Arrests and Activities for the period of December 16, through December 31, 2017, to be received and filed Public Utilities Department 27. Ratification of the submission to the California Energy Commission of the Attestation of the Veracity of the 2016 Power Source Disclosure Program Annual Report and the Power Content Label Recommendation: A. Find that approval of the proposed action 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. Ratification of the submission to the California Energy Commission (CEC) of the attestation, signed by Abraham Alemu, Integrated Resource Manager(former title Electric Resources Planning and Development Manager), of the veracity of the 2016 Public Source Disclosure Program Annual Report and the Power Content Label NEW BUSINESS Public Works Department Page 4 of 6 Regular City Council Meeting Minutes January 16, 2018 28. Acceptance of Work of Best Contracting Services,Inc.regarding Contract CS-0821: City Hall Roof Repairs Recommendation: A. Affirm that accepting the work of Best Contracting Services, Inc. for the City Hall Roof Repairs, Contract CS-0821 is categorically exempt under the California Environmental Quality Act ("CEQA") review, pursuant to CEQA Guidelines sections 15301 (i.e.,maintenance,repair or minor alteration of an existing structure, involving negligible or no expansion of existing use) and 15302 (i.e., replacement or reconstruction of existing structures and facilities where new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced); and B. Accept the work of Best Contracting Services, Inc. as part of the City Hall Roof Repairs, Contract CS-0821, and authorize the staff to submit a Notice of Completion for the project to the County of Los Angeles Recorder's Office. Public Works Director Daniel Wall reported on the proposed. No public comment was provided. It was moved by Woodruff-Perez and seconded by Davis to accept the work of Best Contracting Services, Inc. as part of the City Hall Roof Repairs, Contract CS-0821, and authorize the staff to submit a Notice of Completion for the project to the County of Los Angeles Recorder's Office. Motion carried, 5-0. Ybarra: Yes Woodruff-Perez: Yes Davis: Yes Martinez: Yes Lopez: Yes ORAL REPORTS 29. City Administrator Reports—brief reports on activities and other brief announcements. City Administrator Carlos Fandino reported on the following: Power outages throughout the City; a train derailment that damaged power lines; possible January 9th homicide; Fire Department response to wildfires across California; Andrew Guth celebrated last day on December 26th; Holiday Charity drives; a line fire drill; and the Employee Holiday event. 30. City Council Reports—brief AB 1234 reports, or report on: activities, announcements, or directives to staff. At 10:12 a.m., the City Council entered into closed session to discuss the following agendized items: CLOSED SESSION 31. PUBLIC EMPLOYMENT Government Code Section 54957(b)(1) Title: Director of Health &Environmental Control 32. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1) Jerrick Torres and Lyndon Ong Yiu vs. City of Vernon, et al. Los Angeles Superior Court Case No. BC620265 Page 5 of 6 Regular City Council Meeting Minutes January 16, 2018 At 10:31 a.m. the City Council exited closed session. Senior Deputy City Attorney Brian Byun reported that two items were discussed and that no reportable action was taken. With no further business, at 10:31 a.m., Mayor Ybarra adjourned the meeting. Melissa Ybarra Mayor ATTEST: Maria E. Ayala City Clerk Page 6 of 6 MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, JANUARY 18, 2018, IN COUNCIL CHAMBER OF CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Ybarra, Davis, and Martinez MEMBERS ABSENT: Woodruff-Perez and Lopez City Clerk Maria Ayala announced that given this meeting immediately followed the Successor Agency meeting there was no need to conduct the Flag Salute again. The meeting was called to order at 9:07 a.m. by Mayor Ybarra. CHANGES TO THE AGENDA City Clerk Maria Ayala announced there were no changes to the agenda. PUBLIC COMMENT Mayor Ybarra 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 was provided. NEW BUSINESS City Administration 1. Resolution No. 2018-02 - Resolution Appointing Keith S. Allen to Serve as Director of Health & Environmental Control 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 agreement proposed in this staff report 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. Adopt the attached resolution appointing Keith S. Allen to serve as Director of Health and Environmental Control of the City of Vernon effective January 18, 2018, and approving and authorizing the execution of a related At-Will Employment Agreement. City Administrator Fandino reported on the proposed. No public comment was provided. It was moved by Martinez and seconded by Davis to adopt Resolution No. 2018-02. Motion carried, 3-0. Ybarra: Yes Woodruff-Perez: Absent Davis: Yes Martinez: Yes Lopez: Absent Special City Council Meeting Minutes January 18, 2018 With no further business, at 9:09 a.m., Mayor Ybarra adjourned the meeting. Melissa Ybarra Mayor ATTEST: Maria E. Ayala City Clerk Page 2 of 2 REOFA FO IRECEBVE® FEB 01 2018 JAN 3 0 2018 t 'VEIT LY rM1 CITY CLERK'S OFFICE CO AOMINISTRATION STAFF REPORT FINANCE/TREASURY DEPARTMENT DATE: January 30, 2018 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director - V T RE: Ratification of the City Warrant Registers for City Council Agenda of February 6, 2018 It is recommended that the ratification of the following warrant registers to record the following voided checks be considered at the City Council meeting of February 6, 2018. 1. City Warrant Register No. 1467 to record voided Check No. 353808 in the amount of$214.00 issued 02/14/17 to NAPA Auto Parts. 2. City Warrant Register No. 1474 to record voided Check No. 354914 in the amount of $1,900.10 issued 06/08/17 to Interspace Industries, LLC. CITY OF VERNON ACCOUNTS PAYABLE CHECK NO 353808 fteG,E PIUMM; Qx'E P O 7737 K.-MN mpouhT ' NAPATracs(6) 12/01/2016 011.0012076 PRO-DEMAND REPAIR MANUAL 0.00 21400 vq� * "H67 U71 01 1 iN TIDED IN 214.00 PLEASE DETACH BEFORE DEPOSITING r +'krNKE City of Vernon TEMW a=hurnNG�DR 2NDFW�- 4305 Santa Fe Ave suawAff:c c•w+or r Vernon,CA 9005E = ;�Jk78(323)583 8811 -" IFyrtp,. ; ' •'-. �.' 'r�E�ri CyECKAtAOVNT A #`* 000309 0211412017 353BOR 214 01) PAY Two Hundred Fourteen Dollars and No Cents TO THE NAPA AUTO PARTS NON-NEGOTIABLE ORDER 3100 WINDY HILL ROAD SE OF ATLANTA, GA30339 NOWNEGOTIABLE COPY C0PY COPY CITY OF VERNON ACCOUNTS PAYABLE CHECK NO. 354914 INVOICE NUMBER DATE : 34 '-W P,O.NUMBER DESCRIPTION DISCOUNT AMOUNT 759 07/27/2016 011.0011722 COUNCIL CHAMBERS EQUIPMENT 0.00 1,900A0 \N F- 1414 U�IW1l'i V 01iD I y0 iDFD 1 tJ EDEsv eti ZS t$ :T:L. 1,900.10 PLEASE DETACH BEFORE DEPOSITING City of VemQn PAPA"rHAC"EASTWESTBAW[ 4305 Santa Fe Ave 2M KUWTMTON DR.a40 FLOOR _ Vemon,CA SAN M~CA 41106 a +* (323)583-8811 NUNMEA DATE R CHECKAMOUNT 005860 0610MO17 354914 1.90p.10 PAY One Thousand Nine Hundred Dollars and Ten Cents TO THE INTERSPACE INDUSTRIES, LLC NON-NEGOTIABLE ORDER 4650 S. BUTTERFIELD DRIVE OF TUCSON, AZ 85714 NON—NEGOTIABLE COPY COPY COPY COPY COPY h., 1 k R E R�� !!'� •�. JAN 3 0 2313 FEB 012018 STAFF REPORT CITY ADM IPIISTRATIO� CITY CLERK'S OFFICE FINANCE/TREASURY DEPARTMENT DATE: .January 30, 2018 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director RE: City Warrant Register for City Council Agenda of February 6, 2018 It is recommended that the attached City Warrant Register No. 1487 be approved at the City Council meeting of February 6, 2018. City Warrant Register No. 1487 totals $2,517,098.03, and covers claims and demands presented during the period of January 09 through January 29, 2018, drawn, or to be drawn, from East West Bank. The following list details the components of City Warrant Register No. 1487: 1. Ratification of wire transfers totaling $1,940,818.15; 2. Ratification of the issuance of early checks totaling $648,081.10; and 3. Authorization to issue pending checks totaling $28,198.78. CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6, 2018 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: 1130/2018 9:16:50RM Page 2 of 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6, 2018 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT CENTRAL BASIN MW D 020.1084.500130 45,954.77 Potable Water Breakdown VERNOV17 1803 020.1085.500130 27,559.07 Potable Water Breakdown VERNOVI7 1803 01/09/2018 73,513.84 CHRISTIAN MOSCOSO 011.114010 5,003.00 Advanced Disability Pension Payment 010318 1804 01/09/2018 5,003.00 LLP RUTAN 8 TUCKER 011.1024.593200 23,850.09 Re:Torres/Ong Litigation 794991 1805 01/09/2018 23,850.09 WATER REPLENISHMENT 020.1084.500110 188,545.38 Groundwater Production 8 Assessment 121317 1806 DISTRICT 01/09/2018 188,545.38 CALPERS 011.1026.502096 1,059,320.00 Prefund OPEB 011117 1807 01/11/2018 1,059,320.00 WILLIAM DAVIS 011.1001.502030 1,500.00 HSA Employer Contribution 120717 1808 01/16/2018 1,500.00 ARKADIN, INC 011.9019.560010 60.71 Phone Conference 11103141217 1809 01/18/2018 60.71 ENTERPRISE FM TRUST 011.4031.840000 943.50 Monthly Lease Charges FBN3396851 1810 01/18/2018 943.50 INC GE MOBILE WATER 011.1033.590000 90.28 Water Purification SarvicWMointenance 99059498 1811 011.1033.590000 90.28 Water Purification Service/Maintenance 99060146 1811 011.1033.590000 113.88 Water Purification ServicelMainteriance 99092064 1811 Printed: 1/30/2018 9:16:50AM Page 3 of 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6,2018 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT INC GE MOBILE WATER 011.1033.590000 56.94 Water Purification Service/Maintenance 99092066 1811 011.1033.590000 56.94 Water Purification SurvlcelMalntenance 99092179 1811 011.1033.590000 99.04 Water Purification Service/Maintenance 99105419 1811 01/18/2018 507.36 UL LLC 011.1033.570000 1,900.00 Fire& Emergency Vehicles Services 72020229344 1812 01/18/2018 1,900.00 LLC MUNISERVICES 011.1004.595200 3,750.00 UUT Fixed Fee : 10/17-12/17 INVO6001417 1813 01/18/2018 3,750.00 KELYN TECHNOLOGIES 011.9019.520010 4,228.64 1.2TB SAS, 101K,2.5-in KELYN0657 011.0012822 1814 011.9019.520010 74.00 Freight KELYN0657 011.0012822 1814 011.9019.520010 6,074.40 Part No. EX-R224-- KELYN0658 011.0012818 1814 011.9019.520010 202.00 Freight KELYN0658 011.0012818 1814 01/18/2018 10,579.04 STEVEN FROBERG 011,1048.596200 100.00 Vernon Housing Commission 121317 1815 01/18/2018 100.00 W EBIPLEX, INC. 011.9019.590110 4,090.00 SOFTWARE LICENSE SUBSCRIPTION- 2663 011.0012846 1816 ANNUAL 01/18/2018 4,090.00 US BANK CORPORATE 011.1046.520000 363.17 Supplies 112217(10) 1817 011.1031.596500 324.46 Airline 112217(11) 1817 011.1031.596500 3,123.53 Hotels 112217(11) 1817 011.1031.550000 115.67 Employee Functions 112217(11) 1817 Printed: 1/30/2018 9:16MAM Page 4 of 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6,2018 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT US BANK CORPORATE 011.1031.596700 150.00 Training 112217(11) 1817 011.1031.520000 1,770.95 Supplies 112217(11) 1817 011.5031.596550 19.99 Subscription 112217(11) 1817 011.1031.540000 594.92 Uniforms 112217(11) 1817 011.1031.520000 77.99 Software 112217(11) 1817 011.1002.596500 72.61 Meals/Interview Panel 112217(12) 1817 011.1002.596500 86.73 Meeting 112217(12) 1817 011.1002.596500 16.50 Travel Expense 112217(12) 1817 011.1002.596500 312.63 Meeting 112217(13) 1817 011.1002.520000 41.66 Supplies 112217(13) 1817 011,1023.596600 39.31 Subscription 112217(13) 1817 011.1021.550000 399.05 Community Promotion Event 112217(13) 1817 011.1004.520000 5.49 Federal E-filing 112217(14) 1817 011.1026.596900 1,214.67 Employee Functions 112217(15) 1817 011.1026.596905 64.37 Meals/Interview Panel 112217(15) 1817 011.1033.520000 1,277.36 Supplies 112217(16) 1817 011.1033.520000 19.95 Supplies 112217(16) 1817 011.1033.596600 453.134 Books& Publications 112217(16) 1817 011.1033.560000 79.98 Subscription 112217(16) 1817 011.1049.590000 58.00 Repairs& Maintenance 112217(17) 1817 011.1048.590000 60.00 Repairs& Maintenance 112217(17) 1817 011.1049.520000 381.71 Supplies 112217(18) 1817 020.1084.520000 173.49 Hardware Supply 112217(19) 1817 Pnnted: 1/30/2018 9:16:50AM Page 5 of 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6, 2018 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT US BANK CORPORATE 011.1002.596500 69.24 Meeting 112217(2) 1817 011.1049.520000 680.21 Supplies 112217(20) 1817 011.1033.520000 79.31 Supplies 112217(21) 1817 011.1033.596600 78.06 Books& Publications 112217(22) 1817 011.1060.596550 195.00 Membership Dues 112217(23) 1817 011.1016.596700 790.00 Training 112217(24) 1817 011.1043.596600 40.00 Books& Publications 112217(25) 1817 011.1048.550000 35.00 Subscription 112217(25) 1817 011.1033.520000 252.45 Supplies 112217(26) 1817 011.1024.596700 459.25 Training 112217(27) 1817 011.1024.520000 53.00 Employee Functions 112217(28) 1817 011.1031.570000 89.73 Vehicle Expense 112217(29) 1817 011.1026.596900 153.86 Employee Functions 112217(3) 1817 011.1026.596200 14.04 Meals/Interview Panel 112217(3) 1817 020.1084.596700 375.00 Training 112217(30) 1817 020.1084.596500 -197.75 Refund 112217(30) 1817 011.1049.900000 331.87 Hardware Supply 112217(31) 1817 011.1049.900000 638.02 Repairs&Maintenance 112217(31) 1817 011.1033.596700 95.84 Training Supplies 112217(32) 1817 011.1033.520000 133.29 Supplies 112217(32) 1817 011.1033.590000 70.00 Repairs&Maintenance 112217(32) 1817 011.1049.590000 221.74 Repairs& Maintenance 112217(33) 1817 011.1043.596700 100.00 Training 112217(34) 1817 Printed:1/30/2018 9:16:50AM Page 6 of 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6, 2018 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT US BANK CORPORATE 011.1041,596700 585.00 Training 112217(34) 1817 011.1041.596550 270.00 Membership Dues 112217(34) 1817 060.6033.596200 294.12 Repairs 112217(35) 1817 011.1031.596500 835.85 Hotels 112217(36) 1817 011.1031.520000 517.40 Supplies 112217(36) 1817 011.5031.560000 50.54 Subscription 112217(36) 1817 011.1031.596500 35.50 Travel Expense 112217(36) 1817 011.1026.596500 226.40 Airline 112217(37) 1817 011.1026,596700 320.00 Conference 112217(37) 1817 011.1026.596905 9.41 Meals/Interview Panel 112217(37) 1817 011.1026.520000 236.80 Supplies 112217(37) 1817 011.9019.520010 31.00 IT Software 112217(38) 1817 011.9019.520010 360.93 Supplies 112217(38) 1817 011.9019.520010 22.57 Supplies 112217(38) 1817 011.9019.520010 885.50 Supplies 112217(38) 1817 011.9019.590110 15.85 Subscription 112217(38) 1817 011.9019.590110 40.00 Subscription 112217(38) 1817 011.9019.590110 12.03 Membership Dues 112217(3B) 1817 011.9019.590110 90.48 Domain Renewal 112217(38) 1817 011.1031.570000 72.10 Vehicle Expense 112217(39) 1817 011.1003.520000 44.99 Employee Functions 112217(4) 1817 011.1003.550000 662.50 Publication Services 112217(4) 1817 011.1003.596700 779.00 Conference 112217(4) 1817 Printed:1130/2018 9 16:50AM Page 7 of 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6,2018 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT US BANK CORPORATE 011.1043.520000 54.05 Supplies 112217(40) 1817 011.1046.520000 413.99 Vehicle Expense 112217(41) 1817 011.1046.520000 2,296.57 Supplies 112217(41) 1817 020.199999 24.27 Meals 112217(42) 1817 020,1084.520000 1,735.86 Supplies 112217(42) 1817 011.1004.596500 217.40 Airline 112217(43) 1817 011.1004.596700 670.00 Training 112217(43) 1817 011.1043.520000 1.194.83 Supplies 112217(44) 1817 011.1031.570000 33.00 Vehicle Expense 112217(45) 1817 011.1031.520000 109.64 K-9 Supplies 112217(45) 1817 011.1031,594200 22.00 K-9 Grooming 112217(45) 1817 011.1049.520000 1,067.61 Supplies 112217(5) 1817 011.1024.596700 257.87 Training 112217(6) 1817 020.1084.520000 123.48 Supplies 112217(7) 1817 020.1084.520000 1,354.52 Supplies 112217(8) 1817 011.1049.520000 41.37 Hardware Supply 112217(9) 1817 011.1048.520000 52.44 Hardware Supply 112217(9) 1817 01/23/2018 32,122.06 CDW GOVERNMENT, INC. 011.9019.520010 270.21 Peerless SmartMount Articulating Wall LCH2380 011.0012837 1818 011.9019.520010 186.69 NETGEAR 16-Port Gigabit Ethernet LCH2380 011.0012837 1818 011.9019.520010 299.33 APC Smart-UPS 1000VA LCD UPS-- LCH2380 011.0012837 1818 011.9019.520010 409.45 APC Back-UPS 650VA UPS 2521885, LCH2380 011.0012837 1818 011.9019.520010 86.30 Tripp Lite Surge Protector 6 Outlet Eft LCH2380 011.0012837 1818 Printed 1/30/2018 9:16:50AM Page 8 of 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6, 2018 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT CDW GOVERNMENT, INC. 011.9019.520010 25.67 Sales Tax 9.5% LCH2380 1818 011.9019.520010 64.84 Sales Tax 9.5% LCH2380 1818 011.9019.520010 28.44 Sales Tax 9.5% LCH2380 1818 011.9019.520010 1,157.36 HP Color LaserJet Pro MFP M477fdw LCL9477 011.0012837 1818 CDW 011.9019.520010 25.22 TP-LINK TL-WN851 ND- network adapter LCL9477 011.0012837 1818 011.9019.520010 80.36 Belkin Home/Office Surge Protector- LCL9477 011.0012837 1818 011.9019.520010 109.95 Sales Tax 9.5% LCL9477 1818 011.9019.520010 10.03 Sales Tax 9.5% LCL9477 1818 011.9019.520010 1,792.15 APC Smart-UPS X 3000VA Rack/Tower LFW4435 011.0012853 1818 LC D 011.9019.520010 1,517.18 APC Smart-UPS X 120V External Battery LFW4435 011.0012853 1818 011.9019.520010 136.10 NETGEAR 5-Port Gigabit Switch LFW4435 011,0012853 1818 (GS105NA) 011.9019.520010 238.21 NETGEAR ProSAFE 8-Port Gigabit LFW4435 011.0012853 1818 Desktop 011.9019.520010 82.59 Tripp Lite HDMI to VGA Video Adapter w/ LFW4435 011,0012853 1818 011.9019.520010 357.79 Sales Tax 9.5% LFW4435 1818 011.9019.520010 437.00 VisionTek Radeon HD 7750 graphics card LGC5977 011.0012853 1818 011.9019.520010 41.52 Sales Tax 9.5% LGC5977 1818 011.9019.520010 670.25 Tripp Lite PDU Metered 120V 20A LGH9829 011.0012853 1818 011.9019.520010 63.67 Sales Tax 9.5% LGH9829 1818 01/23/2018 8,090.31 INSIGHT PUBLIC SECTOR, INC 011.9019.590110 3,596.70 Trend Micro Smart Protection for 1100574294 011.0012776 1819 Printed:1/3012018 9:1&50AM Page 9 of 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6, 2018 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.#I ISSUED NUMBER AMOUNT 01/23/2018 3,596.70 INC NOBEL SYSTEMS 011.9019.590110 10,000.00 Geo Viewer online annual subscription 14207 011.0012863 1820 057.1057.900000 7,400.00 Geographical Information Systems(GIS) 14219 057.0000076 1820 01/23/2018 17,400.00 PLURALSIGHT, LLC 011.9019.596700 1,497.00 Business- Professional INVO1444686 011.0012769 1821 01/23/2018 1,497.00 INC ZONES 011.9019.520010 11,646.36 eCopy ShareScan v5 Office License with K08672060101 011.0012827 1822 01/23/2018 11,646.36 THE DEPARTMENT OF THE 011.1004.596200 329.69 2017 720 Excise Tax Return Penalties CP161 1823 TREASURY 01/24/2018 329.69 BENEFIT ASSOCIATION VERNON 011.210250 1,861.73 Police Association Member Dues: Ben203662 1824 POL Payment 01/18/2018 1,861.73 TEAMSTERS LOCAL 911 011.210250 2,790.00 Teamsters Local 911 Dues: Payment Ben203654 1825 01/18/2018 2,790.00 VERNON FIREMENS ASSOCIATION 011.210250 3,354.00 Fire House Fund: Payment Ben203666 1826 01/18/2018 3,354.00 ICMA RETIREMENT TRUST 457 011.210220 66,678.59 Deferred Compensation: Payment Ben203658 1827 01/18/2018 66,678.59 CITY OF VERNON, FSAACCOUNT 011.100013 812.75 FSA- Dependent: Payment Ben203660 1828 Printed:11=2018 9:16:50AM Page 10 o1 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6,2018 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT CITY OF VERNON, FSA ACCOUNT 011.100013 186.53 FSA- Medical: Payment Ben203660 1828 01/18/2018 999.28 CALPERS Oi1.210240 251,484.73 PERS Contributions: Payment Ben203656 1829 011.210240 240.87 PERS Survivor's Benefit: Payment Ben203656 1829 011.210240 3013.85 PERS Buy-back: Payment Ben203656 1829 011.210240 -4,50B.25 PERS Contributions: Special PR Shoe Ben203656 1829 011.1015.530034 -1.20 PERS Contributions: Rounding Ben203656 1829 Adjustment 01/19/2018 247,525.00 STATE DISBURSEMENT UNIT 011.210260 2,616.91 Child Support: Payment Ben203664 1830 01/22/2018 2,616.91 BANK OF NEW YORK MELLON, 011.1004.592010 1,160.00 Administration Fee 2522080241 1831 TRUST 01/26/2018 1,160.00 LLP RUTAN 8 TUCKER 011.1024.593200 180.00 Re: Malkenhorst PERS Litigation 796125 1832 01/26/2018 180.00 MIGUEL HERNANDEZ JR 011.111100 324.92 Refund Payroll Taxes - 01241 B 1833 01/26/2018 324.92 OFFICE DEPOT 011.1003.520000 9.49 Order No. 991632386001 986428947001 011.0012848 1834 011.1003.520000 0.90 Sales Tax 9.5% 986428947001 1834 011.1002.520000 23.98 Order No. 991864064001 98920B560001 011.0012849 1834 011.9019.520000 165.71 Order No. 991864064001 989208560001 011.0012849 1834 Pdnled 1/30/2018 9 16:50AM Page 11 of 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6, 2018 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT OFFICE DEPOT 011.1002.520000 1.99 Sales Tax 9.5% 989208560001 1834 011.9019.520000 13.74 Sales Tax 9.5% 98920B560001 1834 011,9019.520000 209.00 Order No. 991864064001 9892OB748001 011.0012849 1834 011.9019.520000 19.86 Safes Tax 9.5% 989208748001 1834 011.1004.520000 81.51 Order No. 991294544001 991294544001 011.0012843 1834 011.1004,520000 7.74 Sales Tax 9.5% 991294544001 1834 011.1004.520000 11.07 Order No. 991294544001 991294683001 011.0012843 1834 011.1004.520000 1.05 Sales Tax 9.5% 991294683001 1834 011.1004.520000 3.69 Order No. 991294544001 991294684001 011.0012843 1834 011.1004,520000 0.35 Sales Tax 9.5% 991294684001 1834 011.1003.520000 28.19 Order No. 991632386001 991632386001 011.0012848 1834 011.1003.520000 2.68 Sales Tax 9.5% 991632386001 1834 011.1002.520000 5.80 Order No. 991864064001 991864064001 011.0012849 1834 011.1002.520000 0.55 Sales Tax 9.5% 991864064001 1834 011.1004.520000 41.99 Order No. 991877261001 991877261001 011.0012850 1834 011.1004.520000 3.99 Sales Tax 9.5% 991877261001 1834 01/26/2018 633.28 CALIPERS 011.1024.502020 40,604.04 RBF: D. Brearly 100000015152023 1835 011.1031.502020 8,499.48 RBF: D. Calleros 100000015152023 1835 011.1026.502020 431.04 RBF: D. Keen 100000015152023 1835 011.1026.502020 10,641.96 RBF: M. Valenzuela 100000015152023 1835 011.1002.502020 2,251.42 RBF: M. Whitworth 100000015152023 1835 011.1033.502020 12,758.06 RBF: M. Whitworth 100000015152023 1835 Punted:1/30/2018 3:t6:50AM Page 12 of 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6, 2018 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P-0.4 ISSUED NUMBER AMOUNT CALPERS 011.1040.502020 66,341.38 RBF: S. Wilson 100000015152023 1835 020.1084.502020 16,585.34 RBF: S. Wilson 100000015152023 1835 01/17/2018 158,112.72 VERIZON WIRELESS 011.9019.560010 184.60 Period: Nov 08-Dec 07 120717 MULTIPL 1836 E 011.9019.560010 292.17 Period: Nov 08-Dec 07 120717 MULTIPL 1836 E 011.9019.560010 537.09 Period: Nov 08-Dec 07 120717_MULTIPL 1836 E 011.9019.560010 1,429.38 Period: Nov 08-Dec 07 120717 MULTIPL 1836 E 011.9019.560010 1,688.10 Period: Nov 08 Dec 07 120717 MULTIPL 1B36 E 011.9019.560010 252.95 Period: Nov 08- Dec 07 120717_MULTIPL 1836 E 011.9019.560010 408.54 Period: Nov 08 - Dec 07 120717 MULTIPL 1836 E 011.9019,560010 710.10 Period: Nov 08 Dec 07 120717 MULTIPL 1836 E 011.9019.560010 52.37 Period: Nov 08 - Dec 07 120717_MULTIPL 1836 E 01/22/2018 5,555.30 FEDEX 011.1003.520000 23.61 Period: 12117 602629620 1837 01/12/2018 23.61 FEDEX 011.1024.510000 66.98 Period: 12/17 604100378(2) 1838 01/12/2018 66.98 Prinled: 1/30/2018 9:16:50AM Page 1301" CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6,2018 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT FEDEX 011.1026.520000 76.34 Period: 12/17 604714953 1839 01/19/2018 76.34 FEDEX 011.1003.520000 232.72 Period: 01/18 605508146 1840 020.1084.520000 29.18 Period: 01/18 605508146 1840 01/26/2018 261.90 SO CAL EDISON 011.1042.560000 221.42 Period: 12/17 010618 1841 011.1043.560000 31.13 Period: 12/17 122917(2) 1841 01/18/2018 252.55 TOTAL WIRES $ 1,94D,918.1$ Printed: 1/30/2018 9:16:50AM Page 14 of 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEB RUARY 6, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT LLC ADLERHORST 011.1031.596700 175.00 K-9 Training- 98569 011.0012511 356683 INTERNATIONAL 01/09/2018 175.00 ALL CITY MANAGEMENT 011.1031.594200 537.60 School Crossing Guard Services 51781 356684 SERVICES, 01/09/2018 537.60 AT&T 011.9019.560010 20.26 Period: 11/06/17- 12/05/17 10612828 356685 011.9019.560010 2,489.65 Period: 11/10/17- 12/09/17 10627712 356685 011.9019.560010 18.60 Period: 11/10/17- 12/09/17 10627713 356685 011.9019.560010 1,207.25 Period: 11/10/17- 12/09/17 10627715 356685 011.9019.560010 1,285.15 Period: 11A0/17- 12/09/17 10627716 356685 011.9019.560010 1,374.63 Period: 11/10/17- 12/09/17 10628148 356685 011.9019.560010 18.60 Period: 11/15/17- 12/14/17 10661203 356685 01/09/2018 6,414.14 CAMINO REAL CHEVROLET 011.1046.590000 195.00 Program EBCM CVCS127970 011.0012794 356686 01/09/2018 195.00 CANNON CORPORATION 020.1084.900000 195.00 Engineering&Design of Well 21 - 65004 011,0008022 356687 01/09/2018 195.00 CALPORTLAND COMPANY 020.1084.520000 889.11 Supplies 93509112 356688 020.1084.520000 808.93 Supplies 93521486 356688 011.1043.520000 713.24 Supplies 93527630 356688 020.1084.520000 808.93 Supplies 93527631 356688 Printed: 1/30/2018 9:16:50AM Page 15o144 CITY OF VERNON WARRANT REGISTER NO. 1487 FEB RUARY 6,2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 01/09/2018 3,220.21 CITY OF HUNTINGTON PARK 011.1031.594200 3,701.50 Prisoner Booking Log 10/17 18969 356689 01/09/2018 3,701.50 CURRENT WHOLESALE ELECTRIC 011.1049.520000 36.51 Electrical& Hardware Supplies 249806 011.0012496 356690 011.1049.520000 116.78 Electrical& Hardware Supplies- 249807 011.0012496 356690 011.1049.520000 60.16 Electrical& Hardware Supplies 249843 011.0012496 356690 011.1049.520000 25.54 Electrical & Hardware Supplies- 249844 011.0012496 356690 011,1049.520000 25.39 Electrical & Hardware Supplies 249845 011.0012496 356690 011.1049.520000 91.16 Electrical &Hardware Supplies- 249945 011,0012496 356690 011.1049.520000 38.03 Electrical & Hardware Supplies 249946 011.0012496 356690 011.1049.520000 41.12 Electrical&Hardware Supplies- 250133 011,0012496 356690 011.1049.520000 14.85 Electrical& Hardware Supplies- 250134 011.0012496 356690 01/09/2018 449.54 DANGELO CO 011.120010 1,197.97 Water Parts- S1323061001 011.0012497 356691 011.120010 431.37 Water Parts- S1323560001 011.0012497 356691 01/09/2018 1,629.34 INC DION & SONS 011.1033.570000 2,291.37 Diesel Fuel- 691988 011.0012832 356692 011.1033.570000 1.00 FET Exempt Lust Only 691988 011.0012832 356692 011.1033.570000 2.14 Fed Oil Spill Recovery 691988 011.0012832 356692 011.1033.570000 3.20 AB32 691988 011.0012832 356692 011.1033.570000 5.95 Environmental Compliance Fee 691988 011.0012832 356692 011.1033.570000 7.50 Fuel Surcharge 691988 011.0012832 356692 Printed: 1/30/2018 9:16:50AM Page 16 o1 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT INC DION & SONS 011,1033.570000 3.47 Lab Tax.13% 691988 011.0012832 356692 011.1033.570000 360.22 State Excise Tax 691988 011.0012832 356692 011,1033.570000 352.02 Clear Diesel Sales Tax 691988 356692 011.1033.570000 1,225.02 Unleaded Fuel- 691989 011.0012832 356692 011.1033.570000 0.60 FET Exempt Lust Only 691989 011.0012832 356692 011.1033.570000 1.16 Fed Oil Spill Recovery 691989 011.0012832 356692 011.1033.570000 0.48 CA Lead Poisoning 691989 011.0012832 356692 011.1033.570000 2.10 AB32 691989 011.0012832 356692 011.1033.570000 250.41 State Excise Tax 691989 011.0012832 356692 011.1033.570000 1.92 Lab Tax.13% 691989 011.0012832 356692 011.1033.570000 66.78 Fuel Sales Tax 4.50% 691989 356692 01/09/2018 4,575.34 ENTENMANN-ROVIN CO 011.1033.520000 725.97 Fire Badges 129061IN 356693 01/09/2018 725.97 ETC DEPOT 011.9019.520010 1,180.00 2MP HDCVI DOME CAMERA, ANALOG 905573 011.0012829 356694 & CVI, 011.9019.520010 335.00 16CH 5 IN 1 1080P HD-CVI, TVI,AHD,- 905573 011.0012829 356694 011.9019.520010 143.93 Sales Tax 9.5% 905573 356694 01/09/201 B 1,658.93 INC FRY'S ELECTRONICS 011.9019.520010 217.91 Computer Related Items-- 24698476 055.0002540 356695 01/09/2018 217.91 HSA BANK 020.1084.502030 250.00 Initial Contribution/A. Cardenas 122717 356696 Printed 1/30/2018 9:16:50AM Page 17 of 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEB RUARY 6, 2018 EARLY CHECKS _ ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 01/09/2018 250.00 INTER-VALLEY POOL SUPPLY 020.1084.500140 156.63 Sodium Hypochloriie 102254 356697 020.1084.500140 143.58 Sodium Hypochloriie 102255 356697 020.1084.500140 156.63 Sodium Hypochloriie 102256 356697 020.1084.500140 171.31 Sodium Hypochlorite 102257 356697 020.1084.500140 238.21 Sodium Hypochlorite 102258 356697 020.1084.500140 192.52 Sodium Hypochlorite 102259 356697 020.1084.500140 156.63 Sodium Hypochlorite 102645 356697 020.1084.500140 187.63 Sodium Hypochlorite 102646 356697 020.1084.500140 158.26 Sodium Hypochlorite 102647 356697 020.1084.500140 171.31 Sodium Hypochlorite 102648 356697 020.1084.500140 195.79 Sodium Hypochlorite 102649 356697 020.1084.500140 187.63 Sodium Hypochlorite 102650 356697 020.1084.500140 114.21 Sodium Hypochlorite 102957 356697 020.1084.500140 106.05 Sodium Hypochlorite 102958 356697 020.1084.500140 195.79 Sodium Hypochlorite 102959 356697 020.1084,500140 195.79 Sodium Hypochlorite 102960 356697 020.1084.500140 122.37 Sodium Hypochlorite 102961 356697 01/09/2018 2,850.34 INC JEMMOTT ROLLINS GROUP 011.1021.797000 13,750.00 Protessional Services DEC17 356698 01/09/2018 13,750.00 KJ SERVICES 011.1060.596200 1,930.00 Oil Payment Program 11/17 1129 356699 Printed:1/30/2018 9:16:50AM Page 18 0144 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6,2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT KJ SERVICES 011.1061.595200 1,739.64 Used Oil Expense 1130 356699 01/09/2018 3,669.64 LN CURTIS &SONS 011.1033.540000 420.75 Pro Warrington Boots- INV137824 011.0012519 356700 01/09/2018 420.75 O'REILLY AUTO PARTS 011.1046.520000 37.36 Auto Parts&Accessories- 3049137413 011.0012492 356701 011.1046.520000 10.45 Auto Parts&Accessories- 3049137487 011.0012492 356701 011.1046.520000 109.58 Auto Parts&Accessories- 3049138509 011.0012492 356701 011.1046.520000 85.86 Auto Parts&Accessories- 3049138720 011.0012492 356701 011.1046.520000 273.83 Auto Parts&Accessories- 3049138759 011.0012492 356701 011.1046.520000 10.94 Auto Parts&Accessories- 3049139301 011.0012492 356701 011.1046.520000 0.78 Auto Parts&Accessories- 3049139637 011.0012492 356701 011.1046.520000 171.82 Auto Parts& Accessories-- 3049139659 011.0012492 356701 011.1046.520000 -12.05 Return Credit-- 3049139678 011.0012492 356701 011.1046.520000 8.35 Auto Parts&Accessories-- 3049139679 011.0012492 356701 011.1046.520000 120.44 Auto Parts&Accessories- 3049141673 011.0012492 356701 011.1046.520000 32.50 Auto Parts&Accessories- RP3049139688 011.0012492 356701 01/09/2018 849.86 INC OSCAR E VALENZUELA, DDS 011,1026.502031 145.00 Medical Services/V. Malkenhorst 110117 356702 01/09/2018 145.00 DONALO 0UIROZ 011.1002.520000 120.00 Reimb. City TV Satellite Repair 121317 356703 01/09/2018 120.00 Printed: 1130/2018 9:16:50AM Page 19 of 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEB RUARY 6, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT STATEWIDE TRAFFIC SAFETY 8 011.1043.900000 2,946.67 Blinkersign 36" Dead End DG3 yellow 2012561 011.0012745 356704 SIG 011.1043.900000 200.00 Freight 2012561 011.0012745 356704 011.1043.900000 279.94 Sales Tax 9.5% 2012561 356704 01/09/2018 3,426.61 DR.'S MILLAR, BARONE 8 011.1026.502031 99.00 Medical Services/B. Malkenhorst 110817 356705 COLEMAN 01/09/2018 99.00 UC REGENTS 011.1033.596200 2,541.83 CE/QI Services 11/17 118 356706 011.1033.596200 2,541.83 CE/QI Services 12/17 140 356706 01/09/2018 5,083.66 UPS 011.1041.520000 51.62 Period: 11/17 933312497 356707 01/09/2018 51.62 VERITIV OPERATING COMPANY 011.120010 85.60 0515-435 D-FEN Aerosol,416110 73148907301 011.0012825 356708 Lemon 011.120010 1,295.00 2700-100 8-1/2" X 11", 10M,20#, White 73148907301 011.0012825 356708 011.120010 1,325.00 2700-100 8-1/2" X 11", 10M,20#, White 73148907301 011.0012825 356708 011.120010 226.50 2700-120 8-1/2" X 14", 12.72M, 20#, 73148907301 011.0012825 356708 011.120010 278.56 Sales Tax 9.5% 73148907301 356708 01/09/2018 3,210.66 VERIZON WIRELESS 011.9019.560010 721.85 Period: Nov 11 -Dec 10 9797814966 356709 01/09/2018 721.85 Pdnled: 1/30/2018 9 16:50AM Page 20 o1 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT VERIZON BUSINESS SERVICES 011.9019.560010 614.30 Period: 11/17 70657184 356710 01/09/2018 614.30 INC CERRITOS DODGE 011.1046.520000 183.20 5GT81 LAZAA drivers side seat belt assy. 343013 011.0012796 356711 011.1046.520000 17.40 Sales Tax 9.5% 343013 356711 01/11/2018 200.60 DEPT OF FORESTRY& FIRE 011.1033.596700 208.00 FSTEP Course S330AR- 147727 356712 PROTEC 01/11/2018 208.00 DEW EY PEST CONTROL 011.1033.590000 27.00 Period: 12/17 11408470 356713 011.1033.590000 25.00 Period: 12/17 11408471 356713 011.1033.590000 25.00 Period: 12/17 1148472 356713 01/11/2018 77.00 EMPIRE CLEANING SUPPLY 011.120010 115.20 0515-420 Mango Eco Clip, 12 per box, 1003076 011.0012831 356714 011.120010 22.20 0515-425 Bleach Germicidal Ultra, 6- 1003076 011.0012831 356714 011.120010 42.60 0515-445 Champion Foaming Oven 1003076 011.0012831 356714 011.120010 22.50 0515-470 Plastic Spray Bottles,24 1003076 011.0012831 356714 011.120010 25.00 0515-471 Plastic Spray Bottle 1003076 011.0012831 356714 011.120010 379.20 0552-670 Lotusoft White 2 ply Toilet 1003076 011.0012831 356714 011.120010 2,328.00 0552-800 GP White Multifold Towel 1003076 011.0012831 356714 011.120010 61.98 0552-900 Pacific Blue White Roll 1003076 011,0012831 356714 011.120010 284.68 Sales Tax 9.5% 1003076 356714 01/11/2018 3,281.36 Printed: 1/30/2018 9:18 50AM Page 21 of" CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT FIRE APPARATUS SOLUTIONS 011.1033.570000 1,391.70 Vehicle Maintenance& Repairs 12016 356715 011.1033.570000 4,420.03 Vehicle Maintenance& Repairs 12018 356715 011.1033.570000 7,645.96 Vehicle Maintenance& Repairs 12020 356715 01/11/2018 13,457.69 MIKE GARZA JR 011.1048.530015 338.88 Reimb. Possessory Interest Tax- 010918 356716 01/11/2018 338.88 HI-LINE INC 011.1049.520000 200.00 Nylon Cable Tie Assist Black Starter 10587975 011.0012830 356717 011.1049.520000 38.85 Freight 10587975 011.0012830 356717 011.1049.520000 19.00 Sales Tax 9.5% 10587975 356717 01/11/2018 257.85 INC INTERSTATE GAS SERVICES 020.1084.596200 8,041.43 Consulting Services 11/17 7021400 356718 01/11/2018 8,041.43 JASON LUCAS 011.1031.596500 70.01 Field Training Officer Update 010318 356719 011.1031.596700 30.00 Field Training Officer Update 010318 356719 01/11/2018 100.01 RICHARD C. SLADE& ASSOC. 020.1084.595200 1,123.40 Preliminary Design Report 4195 356720 LLC 01/11/2018 1,123.40 SHIRLEY SALAS 011.1026.596900 386.81 Reimb. Floral Arrangements-- 011018 356721 01/11/2018 386.81 SILVA'S PRINTING NETWORK 011.1004.520000 237.50 Proof of Insurance Cards- 26596 011.0012821 356722 Pnnied:1/30/2018 9:16-50AM Page 22 of 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6,2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT SILVA'S PRINTING NETWORK 011.1004.520000 22.56 Sales Tax 9.5% 26596 356722 011.1033.520000 79.00 City of Vernon Business Cards to read: 26599 011.0012784 356722 011.1033.520000 7.51 Sales Tax 9.5% 26599 356722 011.1033.520000 79.00 Business Cards to read: - 26600 011.0012824 356722 011.1033.520000 79.00 Business Cards to read: - 26600 011.0012824 356722 011.1033.520000 15.01 Sales Tax 9.5% 26600 356722 01/11/2018 519.58 SUPPLYWORKS 011.120010 345.60 0515-440 Rest Slop Restroom Cleaner 420080764 011.0012765 356723 011.120010 175.68 0515-100 Natianl Toilet Seat Covers, 420080764 011.0012765 356723 011.120010 39.84 0578-600 Pine Oil Cleaner Deodorizer, 420080764 011,0012765 356723 011.120010 7.95 Freight 420080764 011.0012765 356723 011.120010 54.07 Sales Tax 9.5% 420080764 356723 01/11/2018 623.14 PHILLIP SWINFORD 011.1031.596500 70.01 Field Training Officer Update 010318 356724 011.1031.596700 30.00 Field Training Officer Update 010318 356724 01/11/2018 100.01 UPS 011.1041.520000 80.98 Period: 12/17 933312507 356725 011.1033.520000 29.74 Period: 12/17 933312507 356725 01/11/2018 110.72 AT&T 011.9019.560010 127.35 Period: Nov 20- Dec 19 122017 356726 011.9019.560010 460.41 Period: Nov 20- Dec 19 122017(2) 356726 Printed: 1/30/2018 9:16-50AM Page 23 of 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 5,2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 01/16/2018 587.76 AT&T MOBILITY 011.9019.560010 45.00 Period: 11/09/17- 12/08/17 83217648OX12162 356727 017 01/16/2018 45.00 ECONOLITE SYSTEMS, INC. 011.1043.590000 3,054.10 Preventative Maintenance 11/17 21952 356728 01/16/2018 3,054.10 INC FLEMING ENVIRONMENTAL 011.1049.590000 475.00 Operator Site Inspections 11/17 13166 356729 01/16/2018 475.00 FRONTIER 011.9019.560010 54.87 Period: 12/17 121617 356730 01/16/2018 54.87 LUCITY, INC. 011.9019.520010 1,158.75 Remote Assistance 619035 011.0012240 356731 01/16/2018 1,158.75 QUINN CO. 011.1043.900000 98,591.00 One Caterpillar Model 420F2 HRC S1759901 011.0012430 356732 Backhoe 011.1043.900000 20.00 Parts-- S1759901 011.0012430 356732 011,1043.900000 912.00 Labor S1759901 011.0012430 356732 011.1043.900000 150.00 Misc S1759901 011.0012430 356732 011.1043.900000 9,366.15 Sales Tax 9.5% S1759901 356732 01/16/2018 109,039.15 ALL CITY MANAGEMENT 011.1031.594200 1,075.20 School Crossing Guard Services 52064 356733 SERVICES, 01/18/2018 1,075.20 Pnnted: 1/30/2018 9:16:50AM Page 24 o144 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6, 2018 EARLY CHECKS _ ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT INC ALLSTAR FIRE EQUIPMENT 011.1033.540000 284.70 Haix Structure Boots- 202652 011.0012515 356734 01/18/2018 284.70 BATTERY SYSTEMS INC 011.1046.520000 98.45 Vehicle Batteries- 4237517 011.0012487 356735 011.1046.520000 46.77 Vehicle Batteries- 4256361 011.0012487 356735 011.1046.520000 285.75 Vehicle Batteries- 4257441 011.0012487 356735 01/18/2018 430.97 CALIFORNIA COMMUNITY 011.1031.596700 149.00 Registration/B. Gray 010818 356736 FOUNDATIO 01/18/2018 149.00 CALIFORNIA COMMUNITY 011.1031.596700 149.00 Registration/R. Sousa 010818(2) 356737 FOUNDATIO 01/18/2018 149.00 CALIFORNIA BUILDING 011.1041.595200 2,008.80 41h Otr 10/01/17- 12/31/17 010818 356738 STANDARDS 01/18/2018 2,008.80 CALIFORNIA FRAME&AXLE 011.1046.520000 1,054.00 Front End Repairs- 47198 011.0012488 356739 011.1046.520000 88.32 Front End Repairs-- 47255 011,0012488 356739 011.1046.520000 101.78 Front End Repairs- 47268 011.0012488 356739 011.1046.520000 116.77 Front End Repairs- 47348 011.0012488 356739 011.1046.520000 140.00 Front End Repairs- 47353 011.0012488 356739 011.1046.520000 101.78 Front End Repairs- 47410 011.0012488 356739 01/18/2018 1,602.65 Printed: 1/30/2018 9:16:50AM Page 25 of 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT CALIFORNIA WATER SERVICE 011.1043.560000 65.13 Period: 12117 122117 356740 01/18/2018 65.13 CAMINO REAL CHEVROLET 011.1046.520000 185.56 Auto Parts- 92985 011.0012489 356741 011.1046.520000 11.48 Auto Parts- 930131 011.0012489 356741 011.1046.520000 471.72 Auto Parts- 93050 011.0012489 356741 011.1046.520000 107.58 Auto Parts- 93563 011.0012489 356741 011.1046.520000 60.95 Auto Parts-- 93605 011.0012489 356741 011.1046.520000 -50.00 Auto Parts-- CM93050 011.0012489 356741 01/18/2018 787.29 CENTRAL FORD 011.1046.520000 34.20 Auto Parts-- 309751 011.0012490 356742 011.1046.520000 39.34 Auto Parts- 309853 011.0012490 356742 011.1046.520000 182.57 Auto Parts- 309882 011.0012490 356742 01/18/2018 256.11 CITY OF HUNTINGTON PARK 011.1031.594200 3,748.25 Prisoner Booking Log 11/17 18973 356743 01/18/2018 3,748.25 DEPARTMENT OF CONSERVATION 011.1041.595200 14,287.69 Mapping Fee 4th Qtr 2017 010818 356744 01/18/2018 14,287.69 INC EPIC LAND SOLUTIONS 011.1004.595200 11,000.00 Professional Services 12170681 356745 01/18/2018 11,000.00 FRANCHISE TAX BOARD 011.210260 955.22 Garnishment: Payment Ben203648 356746 01/18/2018 955.22 Pnnted 1/30/2018 9:16:50AM Page 26 of 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT FRANCISCO M.JR GAVINA 011.1048.596200 100.00 Vernon Housing Commission 121317 356747 01/18/2018 100.00 LLC HDL SOFTWARE 011.9019.590110 832.32 Business License Software- 11819IN 011.0012851 356748 01/18/2018 832.32 &CHEER ASSOCIATION 011.1021.797000 20,000.00 CommUNITY Fund Grant 011618 356749 HUNTINGTON 01/18/2018 20,000.00 INC IGOE&COMPANY 011.1026.594200 200.00 Administrative Fees 168823 356750 01/18/2018 200.00 LA COUNTY ASSESSOR OFFICE 011.9019.590110 6.93 City of Vernon will receive parcel data 18ASRE140 011.0011950 356751 01/18/2018 6.93 INC LIFE ASSIST 011,1033.520000 611.35 Medical Supplies- 828529 011.0012565 356752 011.1033.520000 1,391.67 Medical Supplies- 829992 011.0012565 356752 011.1033.520000 27.44 Medical Supplies- 831567 011.0012565 356752 01/18/2018 2,030.46 LOPEZ& LOPEZ TIRE SERVICE 011.1046.520000 36.42 Tire,Accessories&Repairs- 18487 011.0012507 356753 011.1046.520000 243.09 Tire, Accessories&Repairs- 18518 011.0012507 356753 011.1046.520000 621.08 Tire, Accessories& Repairs- 18519 011.0012507 356753 011,1046.520000 186.80 Tire,Accessories& Repairs 18545 011.0012507 356753 011.1046.520000 25.00 Tire,Accessories& Repairs- 18569 011.0012507 356753 011,1046.520000 15.00 Tire,Accessories& Repairs- 18571 011.0012507 356753 011.1046.520000 181.33 Tire,Accessories& Repairs- 18600 011.0012507 356753 Printed: 1/30/2018 9:16:50AM Page 27 of 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 01/18/2018 1,308.72 O'REILLY AUTO PARTS 011.1046.520000 48.98 Auto Parts&Accessories- 3049142430 011.0012492 356754 011.1046.520000 11.19 Auto Parts&Accessories- 3049142494 011.0012492 356754 011.1046.520000 154.41 Auto Parts&Accessories- 3049142680 011.0012492 356754 011.1046.520000 17.50 Auto Parts&Accessories- 3049142717 011.0012492 356754 011.1046.520000 17.30 Auto Parts&Accessories 3049142823 011.0012492 356754 011.1046.520000 196.10 Auto Parts&Accessories- 3049143435 011.0012492 356754 011.1046.520000 230.05 Auto Parts&Accessories-- 3049143899 011.0012492 356754 01/18/2018 675.53 STATE STREET LAUNDRY 011.1031.520000 17.10 Laundry Services- 11070 011.0012560 356755 011.1031.520000 6.30 Laundry Services- 11071 011.0012560 356755 011.1031.520000 9.00 Laundry Services-- 11072 011.0012560 356755 01/18/2018 32.40 INC THE LIGHTHOUSE 011.1046.520000 59.90 Auto Parts- 382541 011.0012493 356756 011.1046.520000 1.53 Auto Parts-- 383981 011.0012493 356756 01/18/2018 61.43 NATIONAL PAYMENT CENTER U.S. 011.210260 408.74 Garnishment: Payment Ben203646 356757 D 01/18/2018 408.74 VARIETY BOYS&GIRLS CLUB 011.1021.797000 35,000.00 CommUNITY Fund Grant 011618 356758 01/18/2018 35,000.00 Printed: 1/30/2018 9:16:50AM Page 28 of 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT INC VERSATILE INFORMATION 011.9019.590110 3,525.00 PUMA Software Service Contract 4651 356759 PROD 01/18/2018 3,525.00 INC ALLSTAR FIRE EQUIPMENT 011.1033.850000 600.00 ESS 740-0536 Fire Pro 1971 EX 2 NFPA 202383 011.0012756 356760 011.1033.850000 1,480.00 ProTech Model PT-8TNSC Titan Short 202383 011.0012756 356760 Cuff 011.1033.850000 300.00 Jackson 20525 Wildcat Googles-Clear 202383 011.0012756 356760 011.1033.850000 226.10 Sales Tax 9.5% 202383 356760 011.1033.850000 1,104.00 Ringers R-327 Barrier One Extrication 202489 011.0012756 356760 011.1033.850000 104.88 Sales Tax 9.5% 202489 356760 011.1033.850000 295.00 Sam Brown 6" LA Style Leather ID Shield 203111 011.0012785 356760 011,1033.850000 187.50 Sam Brown 6" LA Style Leather ID Shield 203111 011.0012785 356760 011.1033.850000 236.00 Sam Brown 6" LA Style Leather ID Shield 203111 011.0012785 356760 011.1033.850000 68.26 Sales Tax 9.5% 203111 356760 011.1033.850000 3,239.40 Phenix Model 1500-2007GR NFPA 203487 011.0012785 356760 Structure 011.1033.850000 50.00 Phenix P/N PHE110 Impact Cap 203487 011,0012785 356760 011.1033.850000 1,300.00 Phenix P/N PHE103 Ratchet Suspension 203487 011.0012785 356760 011.1033.850000 435.99 Sales Tax 9.5% 203487 356760 01/23/2018 9,627.13 LLC BOBALIFE USA 011.1026.596900 200.00 Photobooth Additional Hour- 011718 356761 01/23/2018 200.00 INC CROSSPOINT NETWORK 011.9019.520010 275.00 Valcom External Page Horn 1030C 2017183 011.0012834 356762 SOLUTIO 24VDC Printed:1/30/2018 9:16:50AM Page 29 of 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT INC CROSSPOINT NETWORK 011.9019.520010 186.14 Valcom Internal Page Speaker Brown 2017183 011.0012834 356762 SOLUTIO 24VDC 011.9019.520010 116.31 Valcom 24DC Filtered Power Supply 2017183 011.0012834 356762 011.9019.520010 650.00 Mitel IP Page 5485 Paging Unite 2017183 011.0012834 356762 011.9019.520010 700.00 Scope of work: Install 2 external and 2 2017183 011.0012834 356762 011.9019.520010 116.61 Sales Tax 9.5% 2017183 356762 01/23/2018 2,044.06 GABRIEL J. EARLY 011.1048.530015 296.65 Reimb. Possessory Interest Tax- 012218 356763 01/23/201 B 296.65 INC EASTERN GROUP 011.1048.550000 87.50 Publication Services 45182 356764 PUBLICATIONS 01/23/2018 87.50 IGNACIO ESTRADA III 011.1031.596500 4.91 Marijuana Laws 010418 356765 01/23/2018 4.91 FERGUSON ENTERPRISES INC 011.120010 795.24 3017-205 LF 2" MIP X Comp. Ball Corp., 615398 011.0012773 356766 #1083 011.120010 488.32 3020-620 Lf 2" CTS Comp. X MIP Coup., 615398 011.0012773 356766 011.120010 1,357.12 3040-195 2" Meuller 90 Deg. Elbows, 615398 011.0012773 356766 011.120010 250.87 Sales Tax 9.5% 615398 356766 011.120010 816.00 3027-135 LF 2"CTS Camp. X Flg. Ange 6153981 011.0012773 356766 011.120010 77.52 Sales Tax 9.5% 6153981 356766 011.120010 1,086.20 3088-235 LF 2" Angle Check Valve LL, 6153982 011.0012773 356766 011.120010 21.88 Freight 6153982 011.0012773 356766 Pnmed: 1/30/2018 9:16 50AM Page 30 o1 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.Q.# ISSUED NUMBER AMOUNT FERGUSON ENTERPRISES INC 011.120010 103.19 Sales Tax 9.5% 6153982 356766 #1083 01/23/2018 4,996.34 HILARIO GONZALES 011.1048.530015 323.36 Reimb. Possessory Interest Tax- 012218 356767 01/23/2018 323.36 LARRY D GONZALES 011.1048.530015 270.03 Reimb. Possessory Interest Tax- 012218 356768 01/23/2018 270.03 GOVCONNECTION, INC. 011.9019.520010 1,611.50 APC Smart-UPS X 3000VA 100-127V 2U 55432981 011.0012852 356769 Rack 011.9019.520010 153.09 Sales Tax 9.5% 55432981 356769 01/23/2018 1,764.59 HEALTH NET 011.1033.467100 1,627.00 Overpayment Refund/R06868607 011618 356770 01/23/2018 1,627.00 HSA BANK 020.1084.502030 1,500.00 Employer Contribution 01/01/18- 011018 356771 01/23/2018 1,500.00 JOANNA HURTADO-TORRES 020.1084.596500 164.30 North American Water Loss Conference 121417 356772 01/23/2018 164.30 TRUCK REPAIR CENTER IMPACT 011.1046.520000 25.00 coolant 210 011.0012801 356773 TIP 011.1046.520000 255.00 head gasket kit 210 011.0012801 356773 011.1046.590000 1,350.00 labor 210 011.0012801 356773 011.1046.520000 26.60 Sales Tax 9.5% 210 356773 Printed: 1/30/2016 9:16:50AM Page 31 of 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 01/23/2018 1,656.60 RAFAEL LANDA 011.1031.596500 27.26 Arrest&Control/Tactical 011518 356774 011.1031.596700 9.20 Arrest&Control/Tactical 011518 356774 01/23/2018 36.46 A P.C. LEVITON LAW GROUP 011.1048.596200 875.00 Professional Services 12/17 6541 356775 01/23/2018 875.00 MARIA MADRIGAL 011.1031.596500 27.26 Arrest&Control/Tactical 011518 356776 011.1031.596700 9.20 Arrest&Control/Tactical 011518 356776 01/23/2018 36.46 GABRIEL MARTINEZ 011.1031.596500 27.26 Arrest& Control 1 Tactical 010418 356777 011.1031.596700 9.20 Arrest&Control/Tactical 010418 356777 01/23/2018 36.46 INC MDE 011.9019.590110 600.00 Hosted Maintenance Renewal with 7384 011.0012869 356778 Service 01/23/2018 600.00 GROSS& LEONI LLP NIELSEN, 011.1002.596200 328.00 Professional Services 12/17 10118 356779 ME 01/23/2018 328.00 CARLOS OURIOUE 011.1031.596500 5.45 Marijuana Laws 010418 356780 01/23/2018 5.45 INC PACIFIC COMMERCIAL TRUCK 011.1046.520000 4,948.13 Ford F250 New Installations 22784 356781 B Primed:1W2018 9:iBmAM Page 32 of 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 01/23/2018 4,948.13 PVP COMMUNICATIONS 011.1031.540000 649.00 Item No. 0117-0159-07- 123143 011.0012768 356782 011.1031.540000 449.00 Item No. PVHKA-736M3R 10-B/M rev BA- 123143 011.0012768 356782 011.1031.540000 65.00 Helmet Kit Installation 123143 011.0012768 356782 011.1031.540000 110.49 Sales Tax 9.5% 123143 356782 01/23/2018 1,273.49 ANA QUINONES 011.1031.596500 27.26 Arrest& Control/Tactical 010418 356783 011.1031.596700 9,20 Arrest&Control/Tactical 010418 356783 01/23/2018 36.46 JOSE RAMOS 011.1031.596500 6.00 Marijuana Laws 010418 356784 01/23/2018 6.00 DANIEL SANTOS 011.1031.596500 241.02 CA Narcotics Canine Assoc. Conference 011818 356785 01/23/2018 241.02 SHARPLINE SOLUTIONS, INC. 011.1043.900000 559.00 Impact Recovery Systems: 1119 011.0012845 356786 011.1043.900000 2,021.00 Impact Recovery Systems: 1119 011.0012845 356786 011.1043.900000 660.00 Impact Recovery Systems: BS-SMF8- 1119 011,0012845 356786 011.1043.900000 360.00 Impact Recovery Systems: IM-Anchor-- 1119 011.0012845 356786 011.1043.900000 275.00 Freight 1119 011.0012845 356786 011.1043.900000 342.00 Sales Tax 9.5% 1119 356786 01/23/2018 4,217.00 SPRINT 011.9019.560010 32.10 Period: 12/17 677975318194 356787 Pnnted:1/30/2018 9:16:50AM Page 33 of 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 01/23/2018 32.10 STANCIL CORPORATION 011.9019.590110 6,637.00 Item: 101200-00037- 9598 011.0012856 356788 01/23/2018 6,637.00 LLP VASQUEZ&COMPANY 011.1004.595200 20,100.00 Professional Services 2171015IN 356789 01/23/2018 20,100.00 LLC WEBCO LB 011.1043.590000 9,145.00 Street Sweeping Services 12/17 LB3566 356790 01/23/2018 9,145.00 WEINGART EAST LOSANGELES 011.1021.797000 35,000.00 Vernon CommUNITY Fund Grant 011818 356791 YMCA 01/23/2018 35,000.00 OSCAR ZOZAYA 011.1031.596500 217.59 CA Narcotics Canine Assoc. Conference 011818 356792 01/23/2018 217.59 INC A THRONE CO 011.1043.520000 111.33 Portable Restrooms 6893 356793 01/25/2018 111.33 BRANDON ARAUJO 011.1043.596500 46.01 Federal Aid Series Training Course 121117 356794 011.1043.596200 36.94 Open Streets Event 121117(2) 356794 01/25/2018 82.95 AT&T 011.9019.560010 505.85 Period: Nov 28- Dec 27 122817 356795 01/25/2018 505.85 BRAKE-CO TRUCK PARTS 011.1046.520000 33.00 LEL W 16 left front lug nuts 294347 011.0012797 356796 Printed:1/30/2018 9 16:50AM Page 34 of 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT BRAKE-CO TRUCK PARTS 011.1046.520000 3.14 Sales Tax 9.5% 294347 356796 01/25/2018 36.14 BRIAN BYUN 011.1024.596500 30.48 Attendance at Pitchess Hearing- 121817 356797 01/25/2018 30.48 C.L.E.A.R.S., INC 011.1031.596550 100.00 Membership Renewals-- 010918 356798 01/25/2018 100.00 CALIFORNIA WATER SERVICE 011.1033.560000 94.99 Period: 12/17 122117(2) 356799 01/25/2018 94.99 COMMERCIAL TIRE COMPANY 011.1046.520000 4,82 3/8"tire patch plug 1142956 011.0012798 356800 011.1046.520000 5.73 PX10 tire patch 1142956 011.0012798 356800 011.1046.590000 30.00 Labor to repair right rear tiller tire 1142956 011.0012798 356800 011.1046.520000 1.00 Sales Tax 9.5% 1142956 356800 01/25/2018 41.55 JARED DACEY 057,1057.520000 111.89 Reimb. Internet Troubleshooting Supplies 011118 356801 01/25/2018 111.89 FUJITSU NETWORK 057.1057.596200 80,295.00 MNS Fault Management 91760788 356802 COMMUNICATIONS 057.1057.596200 10,612.00 Customized OSM 91760789 356802 01/25/2018 90,907.00 GAGE SMOG CHECK 011.1046.590000 520.00 Labor to perform smog check on 13 city 011618 011.0012714 356803 01/25/2018 520.00 Pnnted: 1/3012018 9:16 50AM Page 35 of 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O_# ISSUED NUMBER AMOUNT INC HAUL AWAY RUBBISH 011.1048.596200 67.50 Disposal& Recycling Services 7BX03776 356804 SERVICE 011.1049.596200 213.00 Disposal& Recycling Services 7BX03777 356804 011.1033.520000 67.50 Disposal& Recycling Services 7BX03778 356804 011.1033.520000 67.50 Disposal& Recycling Services 7BX03779 356804 011.1033.520000 92.50 Disposal & Recycling Services 7BX03780 356804 011.1033.520000 67.50 Disposal & Recycling Services 7BX03781 356804 011.1048.596200 67.50 Disposal& Recycling Services 7CX03995 356804 011.1049.596200 213.00 Disposal& Recycling Services 7CX03996 356804 011.1033.520000 351.16 Disposal& Recycling Services 7CX03997 356804 011.1033.520000 67.50 Disposal & Recycling Services 7CX03998 356804 011.1033.520000 67.50 Disposal & Recycling Services 7CX03999 356804 011.1033.520000 67.50 Disposal & Recycling Services 7CX04000 356804 011.1043.596200 1,011.90 Disposal & Recycling Services 7CX04003 356804 01/25/2018 2,421.56 LA POOL GUYS 011.1049.590000 194.00 Pool Maintenance 42882 356805 01/25/2018 194.00 INC LIBERTY MFG 011.4031.594200 286.50 Range Maintenance 9634 356806 01/25/2018 286.50 CORP LITTLEJOHN REULAND 020.1084.590000 10,403.75 Labor&Materials 53386 356807 01/25/2018 10,403.75 BRUCE V MALKENHORST, SR 011.1026.502031 347.31 RX Reimbursements 122717 356808 Printed: 1/30/2018 9:16 50AM Page 36 of 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 01/25/2018 347.31 JOSE REYNA 011.110021 2,722.60 Employee Computer Loan 010818 356809 01/25/2018 2,722.60 SANTA FE BUILDING 011.1049.590000 6,368.00 Janitorial Services 12/17 16592 356810 MAINTENANCE 01/25/201 B 6,368.00 TENNANT SALES& SERVICE CO 011.1046.520000 202.00 0960ON side brush 915071024 011.0012795 356811 011.1046.520000 372.00 11860 main brush 915071024 011.0012795 356811 011.1046.520000 216.00 1057710 hydraulic oil 915071024 011.0012795 356811 011.1046.520000 75.05 Sales Tax 9.5% 915071024 356811 01/25/2018 865.05 TRI-CITY MUTUAL WATER 011.1033.560000 157.50 Period: 12/17 010118 356812 COMPANY 01/25/2018 157.50 UNITED STEEL FENCE COMPANY 011.1048.590000 4,948.00 Fence Installation 18134 356813 01/25/2018 4,948.00 UPS 011.1041.520000 49.91 Period: 12/17 933312517 356814 011.1041.520000 27.00 Period: 12/17 933312527 356814 01/25/2018 76.91 PC US HEALTHWORKS MEDICAL 011.1026,597000 288.00 Medical Services 3234269CA 356815 GROU 011.1026.597000 127.00 Medical Services 3237490CA 356815 Pnnted=1/30/2018 9:16:50AM Page 37 of 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 01/25/2018 415.00 WESTERN ALLIED CORPORATION 011.1049.590000 10,957.00 Air Conditioner Maintenance 901398 356816 01/25/2018 10,957.00 WEST-LITE SUPPLY COMPANY, 011.1049.520000 445.00 Leviton. IP710-LFZ_ 56080C 011,0012840 356817 INC. 011.1049.520000 690.00 MaxLite. MLVT22D3635 Volumetric 56080C 011.0012840 356817 Panels 011.1049.520000 20.07 Freight 56080C 011.0012840 356817 011.1049.520000 109.73 Sales Tax 9.5% 56080C 356817 01/25/2018 1,264.80 WILLIAMS DATA MANAGEMENT 011.1003.596200 360.50 Storage Services 415686 356818 011.1003.596200 1,527.40 Storage Services 416786 356818 01/25/2018 1,887.90 LLC WITTMAN ENTERPRISES 011.1033.596200 707.53 Billing Services 1711069 356819 01/25/2018 707.53 TOTAL EARLY CHECKS $ 548,081.10 Printed:1/30/201B 9:16:50AM Page 38 of 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6, 2018 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE R.O_it NUMBER AMOUNT INC ANGEL CITY DATA 011.1036.590000 150.00 System Design& Development 15746 356820 150.00 ANTHONY KOSTALLAS, O.D. 011.1016.502030 300.00 Vision Benefits/E. Meiia 120617 356821 300.00 BEARCOM 011.1036.590000 196.22 SC Service Agreement 4656877 356822 011.1036.596200 523.32 SC Service Agreement 4656877 356822 011.1036.590000 140.29 SC Service Agreement 4656879 356822 011.1036.596200 374.15 SC Service Agreement 4656879 356822 011.1036.590000 141.80 SC Service Agreement 4656880 356822 011.1036.596200 378.20 SC Service Agreement 4656880 356822 011.1036.590000 40.98 SC Service Agreement 4656886 356822 011.1036.596200 109.30 SC Service Agreement 4656886 356822 1,904.26 LLP BEST BEST& KRIEGER 011.1024.593200 427.50 Re: Telecommunications 812626 356823 427.50 INC CALOX 011.1033.590000 15.00 Oxygen Bottle Refill 403510 356824 15.00 AARON CASS 011.1033.596700 200.00 Reimb. Paramedic Recertification 010418 356825 011.1033.596700 100.00 Reimb.Trench&Confined Space Course 010418(2) 356825 300.00 WHATLEY, PC COLANTUONO, 011.1003.596300 961.00 Re: Election Advice 34658 356826 HIGHSM Printed: 1/30/2018 9:16:50AM Page 39 of 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6, 2018 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P_O.# NUMBER AMOUNT 961.00 INC COMMUNITY VETERINARY 011.1031.596200 147.00 Pet Boarding&Grooming Services 338904 356827 HOSPI 147.00 RAFAEL CORTES JR 011.1046.502030 201.98 Vision Benefits/R. Cortes 011118 356828 201.98 SYLVIE DE LA RIVA GONZALEZ 011.1015.502030 275.00 Vision Benefits/S. Gonzalez 011118 356829 275.00 RAYMOND DE NIJS 011.1033.596700 200.00 Reimb. Cert. Exam Evaluator Training 011618 356830 200.00 DEWEY PEST CONTROL 011.1033.590000 25.00 Period: 01/18 11542243 356831 011.1033.590000 27.00 Period: 01/18 11544673 356831 011.1033.590000 25.00 Period: 01/18 11544674 356831 011.1033.590000 25.00 Period: 01/18 11544675 356831 102.00 DR DAVID N STEIN 011.1041.502030 364.00 Vision Benefits/W. Cruz 011118 356832 011.1043.502030 364.00 Vision Benefits/A. Melendez 011118(2) 356832 728.00 DR. MICHAEL KOSTURA 011.1033.502030 239.00 Vision Benefits/K. Guth 011118 356833 239.00 ANTHONY ENCINAS II 011.1031,502030 150.00 Vision Benefits/A. Martinez 011118 356834 Printed: 1/30/2018 9:16:50AM Pege 40 of 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6, 2018 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P_0_4 NUMBER AMOUNT 150.00 FIRE APPARATUS SOLUTIONS 011.1033.570000 790.52 Vehicle Maintenance& Repairs 12021 356835 011.1033.570000 2,441.74 Vehicle Maintenance& Repairs 12022 356835 011.1033.570000 280.58 Vehicle Maintenance& Repairs 12023 356835 011.1033.570000 352.00 Vehicle Maintenance& Repairs 12024 356835 011.1033.570000 1,106.37 Vehicle Maintenance& Repairs 12025 356835 011.1033.570000 2,406.25 Vehicle Maintenance& Repairs 12026 356835 011.1033.570000 707.30 Vehicle Maintenance& Repairs 12027 356835 011.1033.570000 394.35 Vehicle Maintenance& Repairs 12028 356835 011.1033.570000 204.07 Vehicle Maintenance& Repairs 12029 356835 8,683.18 GREGORY GARCIA 011.1031.502030 300.00 Vision Benefits/G. Garcia 121417 356836 300.00 MASAMI HIGA 011.1004.502030 248.88 Vision Benefits/N. Higa 011118 356837 248.88 IACP 011.1031.596550 150.00 Membership Renewal 1001200771 356838 011.1031.596550 150.00 Membership Renewal 1001291419 356838 300.00 INC IGOE & COMPANY 011.1026.594200 250.00 Administrative Fees 170198 356839 250.00 INVESTIGATIVE POLYGRAPH SVC 011.1031.596200 350.00 Professional Services 254 356840 Printed: 1v3012o18 9:16:50AM Page 41 o1 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6, 2018 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.01# NUMBER AMOUNT 350.00 KENNETH JACKSON 011.1049.502030 74.95 Vision Benefits/K.Jackson 011118 356841 74.95 JCL TRAFFIC SERVICES 011.120010 380.00 3260-901 Combo Anchor. 93663 011.0012860 356842 011.120010 500.00 3260-903 Light Duty Post Base. 93663 011.0012860 356842 011.120010 40.00 Freight 93663 011.0012860 356842 011.120010 87.40 Sales Tax 9.5% 93663 356842 1,007.40 RAFAEL LANDA 011.1031.540000 145.08 Reimb, Damaged Detective Attire 012318 356843 145.08 MICHAEL LANGER 011.1033.502030 379.98 Vision Benefits/S. Langer 011118 356844 379.98 LISA A HOPKINS, O.D. 011.1060.502030 437.00 Vision Benefits/K.Allen 011118 356845 437.00 CHADRICK MCGOVNEY 011.1033.596700 80.00 Reimb. Cert. Exam Evaluator Training 010418 356846 80.00 ANTHONY MIRANDA 011.1031.550000 142.35 Reimb. Flyers for SEPOA Meeting 01161 B 356847 142.35 INC RICHARD P GUESS MD 011.1033.596200 750.00 Medical Director Fees- 010118 356848 750.00 Pnnted:1/30/2018 9:16:50AM Page 42 of 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6, 2018 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT JASON ROSA 011.1033.596700 100.00 Reimb. Cert. Exam Evaluator Training 011618 356849 100.00 SW RCB ACCOUNTING OFFICE 020.1084.500110 6,612.50 Water System Fees 07/17-06/18 LW 1014716 356850 6,612.50 JASON TOMLINSON 011.1046.502030 183.40 Vision Benefits/J. Tomlinson 011118 356851 1 B3.40 UPS 011.1041.520000 58.91 Period: 12/17 933312018 356852 011.1033.520000 25.80 Period: 12/17 933312018 356852 011.1041.520000 42.82 Period: 12/17 933312028 356852 011.1033.520000 19.12 Period: 12/17 933312038 356852 011.1041.520000 27.00 Period: 12/17 933312038 356852 173.65 MARISSA VELEZ 011.1031.540000 427.05 Reimb. Half Cost of Bullet Proof Vest 012218 356853 427.05 JOHN PAUL VITTORIO 011.1033.596700 200.00 Reimb. Paramedic Recertification 010418 356854 200.00 LLC WITTMAN ENTERPRISES 011.1033.596200 1,252.62 Billing Services 1712069 356855 1,252.62 TOTAL PRINTED CHECKS 6 28,198.78 Printed 1/30/2018 9:16:50AM Page 43 of 44 CITY OF VERNON WARRANT REGISTER NO. 1487 FEBRUARY 6,2018 RECAP BY FUND EARLY PRINTED FUND WIRE TOTAL CHECK TOTAL CHECK TOTAL TOTAL 011 -GENERAL $ 1,650,861.42 5 430,027.02 21,586.28 2,102,474.72 020-WATER 282,262.61 27,035.19 6,612.50 315,910.30 057- FIBER OPTIC 7,400.00 91,018.89 0.00 98,418.89 060- HAZARDOUS WASTE 294.12 0.00 0.00 294.12 GRAND TOTAL S 1,940,818.15 S 548,081.10 S 28,198.78 S 2,517,098.03 TOTAL CHECKS TO BE PRINTED 36 Pdnled: 1/30/2018 9:16:50AM Page 44 of 44 r- Og Y > �.'RE D � JAN 3 0 2018 ^ELI Mom` FEB 0 1 7.i!18 CITY ADMINISTRATION CITY ciElzx'sOFFICE STAFF REPORT FINANCE/TREASURY DEPARTMENT Gr/ DATE: January 30, 2018 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director� RE: Light & Power Warrant Register for City Council Agenda of February 6, 2018 It is recommended that the attached Light & Power Warrant Register No. 452 be approved at the City Council meeting of February 6, 2018. Light & Power Warrant Register No. 452 totals $7,006,471.60, and covers claims and demands presented during the period of January 09 through January 29, 2018, drawn, or to be drawn, from East West Bank. The following list details the components of Light & Power Warrant Register No. 452: 1. Ratification of wire transfers totaling $6,867,580.54; 2. Ratification of the issuance of early checks totaling $129,749.70; and 3. Authorization to issue pending checks totaling $9,141.36. {'� ;rxll�r*fxJ LIGHT& POWER WARRANT REGISTER NO. 452 FEBRUARY 6, 2018 4 1�171� I hereby certify that claims and/or demands included in above listed warrant This is to certify that the claims or demands covered by the above listed register have been audited for accuracy and availability of funds for warrants have been audited by the City Council of the City of Vernon and payments and that said claims and/or demands are accurate and that the that all of said warrants are approved for payments except Warrant funds are available for payments thereof. Numbers: William Fox Finance Director Date: Printed:1/3012018 9:33:21AM Page 2of 16 LIGHT & POWER WARRANT REGISTER NO. 452 FEBRUARY 6, 2018 WIRES _ ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT CALIFORNIA ISO 055.9200.500150 361,264.44 Initial Charges 12/17 201801023137177 6589 995 055.9200.500190 2,341.83 Initial Charges 12/17 201801023137177 6589 995 055.9200.500210 10,746.54 Initial Charges 12/17 201801023137177 6589 995 055.9200.500170 -58,033.11 Initial Charges 12/17 201801023137177 6589 995 055.9200.500150 -279.80 Recalculation Charges 03115 201801023137177 6589 995 055.9200.500170 134.59 Recalculation Charges 03/15 201801023137177 6589 995 055,9200.500190 2,586.46 Recalculation Charges 03/15 201801023137177 6589 995 01/09/2018 318,760.95 LLC BIOFUEL GENERATION 055.9200.500162 15,860.50 Biomethane 12/17 RPS122017 6590 SERVICE 01/16/2018 15,860.50 CALIFORNIA POWER EXCHANGE 055.9200.500210 7,078.62 Wind-Up Charges 01/18- 06/18 2022847 6591 CORP 01/16/2018 7,078.62 CALIFORNIA ISO 055.9200.500150 309.63 Recalculation Charges 12/14 201801093137279 6592 994 055.9200.500170 11.93 Recalculation Charges 12/14 201801093137279 6592 994 055.9200.500190 -136.73 Recalculation Charges 12/14 201801093137279 6592 994 Pnnted:1/30/2018 9:33:21AM Page 3 of 16 LIGHT & POWER WARRANT REGISTER NO. 452 FEBRUARY 6, 2018 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT CALIFORNIA ISO 055.9200.500150 79,001.77 Initial Charges 01118 201801093137279 6592 994 055.9200.500210 14,602.88 Initial Charges 01/18 201801093137279 6592 994 055.9200.500170 -26,090.35 Initial Charges 01/18 201801093137279 6592 994 055.9200.500190 -6,213.80 Initial Charges 01/18 201801093137279 6592 994 055.9200.500150 30,778.10 Recalculation Charges 12/17 201801093137279 6592 994 055,9200.500170 1,955.49 Recalculation Charges 12/17 201801093137279 6592 994 055.9200.500190 287.87 Recalculation Charges 12/17 201801093137279 6592 994 055.9200.500210 215.14 Recalculation Charges 12/17 201801093137279 6592 994 055.9200.500150 1,179.58 Recalculation Charges 06/16 201801093137279 6592 994 055.9200.500170 39.13 Recalculation Charges 06/16 201801093137279 6592 994 055.9200.500190 2.38 Recalculation Charges 06/16 201801093137279 6592 994 055.9200.500150 228.55 Recalculation Charges 03/17 201601093137279 6592 994 055.9200.500180 0.15 Recalculation Charges 03/17 201801093137279 6592 994 055.9200.500190 2.17 Recalculation Charges 03/17 201801093137279 6592 994 055.9200.500170 -20,768.25 Recalculation Charges 03/17 201801093137279 6592 994 Printed:1/30/2018 9:3121AM Page 4 G1 16 LIGHT & POWER WARRANT REGISTER NO.452 FEBRUARY 6, 2018 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT CALIFORNIA ISO 055.9200.500150 17,409.42 Initial Charges 12/17 201801093137279 6592 994 055.9200.500170 989,696.45 Initial Charges 12/17 201801093137279 6592 994 055.9200.500180 33,387.58 Initial Charges 12117 201801093137279 6592 994 055.9200.500210 6,892.95 Initial Charges 12/17 201801093137279 6592 994 055.9200.500240 1,719.43 Initial Charges 12/17 201801093137279 6592 994 055.9200.500190 -1,338.69 Initial Charges 12117 201801093137279 6592 994 055.9200.500150 20,728.70 Recalculation Charges 12/17 201801093137279 6592 994 055.9200.500170 3,471.64 Recalculation Charges 12/17 201801093137279 6592 994 055.9200.500190 482.34 Recalculation Charges 12/17 201801093137279 6592 994 055.9200.500210 196.54 Recalculation Charges 12/17 201801093137279 6592 994 01/16/2018 1,148,052.00 LLC BICENT(CALIFORNIA) 055.9200.500150 333,324.49 Energy Related Payment 12201701 6593 MALBUR 055.9200.500180 3,450,848.40 Capacity Payment 12201701 6593 055.9200.500150 -8,578.80 Fuel Burden 12201701 6593 01/18/2018 3,775,594.09 US BANK CORPORATE 055.8100.596700 146.53 Meeting 112217(46) 6594 055.9000,596700 53.39 Meals/Interview Panel 112217(47) 6594 Printed: 1130I2018 9:33:21AM Page 5 of 16 LIGHT & POWER WARRANT REGISTER NO. 452 FEBRUARY 6, 2018 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT US BANK CORPORATE 055.9000.596500 102.29 Meeting 112217(47) 6594 055.9000.596700 21.96 Meeting 112217(47) 6594 055.9000.596700 37.94 Training 112217(47) 6594 055.9000.520000 164.97 Supplies 112217(47) 6594 055.7100.520000 312.04 Supplies 112217(47) 6594 055.9000.596600 19.65 Subscription 112217(47) 6594 055.9100.520000 272.36 IT Software 112217(48) 6594 055.9100.596700 106.27 Meeting 112217(48) 6594 055.9100.520000 B613.82 Supplies 112217(48) 6594 055.9100.596550 201.00 Membership Dues 112217(48) 6594 055.9000.520000 21.86 Supplies 112217(49) 6594 055,8400.900000 3,027.97 Floor for Station A 112217(49) 6594 055.9000.520010 408.00 Subscription 112217(50) 6594 055.9000.596500 469.53 Hotels 112217(51) 6594 055.9000.596700 300.00 Training 112217(51) 6594 055.9000.520000 29.54 Supplies 112217(51) 6594 055.9000.520000 2,539.33 Supplies 112217(51) 6594 055.8400.900000 3,027.97 Floor for Station A 112217(52) 6594 01/23/2018 12,131.42 CALIFORNIA ISO 055.9200.500150 83,830.42 Initial Charges 01/18 201801163137313 6595 090 055.9200.500210 9,231.58 Initial Charges 01/18 201801163137313 6595 090 Printed: 1/30/2018 9:33:21AM Page 6 of 16 LIGHT & POWER WARRANT REGISTER NO. 452 FEBRUARY 6,2018 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.Q.# ISSUED NUMBER AMOUNT CALIFORNIA ISO 055.9200.500170 -27,102.08 Initial Charges 01/18 201801163137313 6595 090 055.9200.500190 -4,763.34 Initial Charges 01/18 201801163137313 6595 090 055.9200.500150 -18,226.81 Recalculation Charges 12/17 201801163137313 6595 090 055.9200.500190 -270.73 Recalculation Charges 12/17 201801163137313 6595 090 055.9200.500210 -117.85 Recalculation Charges 12/17 201801163137313 6595 090 055.9200.500170 2,037.10 Recalculation Charges 12/17 201801163137313 6595 090 01/23/2018 44,618.29 DEPARTMENT OF WATER& 055.9200.500170 22,445.00 Energy Purchase 12/17 GA190138 6596 POWER 01/23/2018 22,445.00 SO CAL PUBLIC POWER 055.9200.500180 5,319.00 Minimum Cost 01/18 PV011B 6597 AUTHORITY 055.122100 10,000.00 PSF Cost 01/18 PV0118 6597 01/23/2018 15,319.00 INC PETRELLI ELECTRIC 055.200400 1,154,922.55 Electric Service Maintenance 170266 6598 01/23/2018 1,154,922.55 US DEPARTMENT OF ENERGY 055.9200.500150 34,330.79 Energy Purchase 12/17 GG1766W1217 6599 055.9200.500180 20,997.22 Energy Purchase 12/17 GG1766W 1217 6599 01/23/2018 55,328.01 Printed: 1/30/20113 9:33:21AM Page 7 of 16 LIGHT & POWER WARRANT REGISTER NO. 452 FEBRUARY 6, 2018 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT WISE COMPANY, INC_ 055.8100.520000 4,266.99 SKU#40-42880- 476496 055.0002595 6600 055.8100.520000 715.41 SKU#40-50720-- 476496 055.0002595 6600 01/23/2018 4,982.40 NATURAL GAS, LLC ELEMENT 055.9200.500162 103,694.24 Gas Purchase 12/17 ELM000211 6601 MARKE 055.9200.500162 148,605.53 Gas Purchase 12/17 ELM000212 6601 01/26/2018 252,299.77 JRM 055.8100.596200 38,153.50 Unarmed Security Guard Services 1759 6602 01/26/201 B 38,153.50 WIRELESS INNOVATION LIMITED 055.9000.900000 1,180.00 Iridium 39658 6603 01/26/2018 1,180.00 FEDEX 055.9000.520000 94.83 Period: 12/17 604100378 6604 01/12/2018 94.83 SO CAL EDISON 055.8100.560010 30.17 Period: 12/17 122917 6605 01/18/2018 30.17 SO CAL EDISON 055.9200.560010 729.44 Period: 12/17 010318 6606 01/18/2018 729.44 TOTAL WIRES S 6,867,580.54 Printed:1/30/2018 9:33:21AM Page 8 of 16 LIGHT & POWER WARRANT REGISTER NO. 452 FEBRUARY 6, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT HOME DEPOT CREDIT SERVICES 055.8400.590000 921.62 Hardware Supplies- 102417_MULTIPL 055.0002553 513072 E 055.8400.590000 90.69 Hardware Supplies- 111617 MULTIPLE 055.0002553 513072 01/09/2018 1,012.31 INC OPERATION TECHNOLOGY 055.9100.590110 6,174.00 ETAP Maintenance Domestic- 473771N 055.0002610 513073 01/09/2018 6,174.00 ROYAL WHOLESALE ELECTRIC 055.8000,590000 202.02 Electrical Parts- 9066500087 055.0002545 513074 01/09/2018 202.02 SHOETERIA 055.8100.540000 59.88 Steel Toe Work Boots- 121751IN 055.0002559 513075 01/09/2018 59.88 AT&T 055.9000.560010 275.26 Period: 11/10/17- 12/09/17 10627714 513076 01/11/2018 275.26 AT&T 055.9200.560010 241.20 Period: 12/19/17-01/18/18 3100241683 513077 01111/2018 241.20 AT&T 055.9000.560010 79.34 Period: 12/17 122417 513078 01/11/2018 79.34 LAT LLC 055.7200.596702 3,460.39 Customer Incentive Program 010918 513079 01/11/2018 3,460.39 & SALES CO MC AVOY& 055.8000.900000 3,312.00 Centron 16S Level 1 Radio Meter-- 15539 055.0002585 513080 MARKHAM E 055.8000.900000 314.64 Sales Tax 9.5% 15539 513080 Printed 1/30/2018 9:33 21AM Page 9 of 16 LIGHT & POWER WARRANT REGISTER NO. 452 FEBRUARY 6, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.g ISSUED NUMBER AMOUNT 01/11/2018 3,626.64 NUCONIC PACKAGING 055.7200.596702 9,480.44 Customer Incentive Program 010918 513081 01/11/2018 9,480.44 ROYAL WHOLESALE ELECTRIC 055.8000.900000 194.00 COV ITEM#M-0880- 9066500128 055.0002602 513082 055.8000.900000 194.00 COV ITEM#M-0881- 9066500128 055.0002602 513082 055.8000.900000 194.00 COV ITEM#M-0882 9066500128 055.0002602 513082 055.8000.900000 194.00 COV ITEM#M-0883- 9066500128 055.0002602 513082 055.8000,900000 194.00 COV ITEM#M-0884 9066500128 055.0002602 513082 055.8000.900000 194.00 COV ITEM#M-0885- 9066500128 055.0002602 513082 055.8000.900000 194.00 COV ITEM#M-0886 9066500128 055.0002602 513082 055.8000.900000 161.72 COV ITEM#M-0887- 9066500128 055.0002602 513082 055.8000.900000 161.72 COV ITEM#M-0888- 9066500128 055,0002602 513082 055.8000.900000 161.72 GOV ITEM# M-0889- 9066500128 055.0002602 513082 055.8000.900000 161.72 COV ITEM# M-0890- 9066500128 055.0002602 513082 055.8000.900000 161.72 COV ITEM# M-0891- 9066500128 055.0002602 513082 055.8000.900000 194.00 COV ITEM# M-0892-- 9066500128 055.0002602 513082 055.8000.900000 194.00 COV ITEM#M-0893-- 9066500128 055.0002602 513082 055.8000.900000 194.00 COV ITEM# M-0894- 9066500128 055.0002602 513082 055.8000.900000 194.00 COV ITEM#M-0895- 9066500128 055.0002602 513082 055.8000.900000 279.55 Sales Tax 9.5% 9066500128 513082 01/11/2018 3,222.15 WIPER CENTRAL USA 055.7200.596702 9,801.32 Customer Incentive Program 010918 513083 Pnnted 1/30/201B 9:33:21AM Page 10 of 16 LIGHT & POWER WARRANT REGISTER NO. 452 FEBRUARY 6, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 01/11/2018 9,801.32 CH2M HILL ENGINEERS, INC 055.9000.596200 2,750.64 Env Support Services 381127466 513084 055.9000.900000 324.15 Env Support Services 381127466 513084 01/16/2018 3,074.79 NEWGEN STRATEGIES& 055.9200.595200 1,170.00 Professional Services 6100 513085 SOLUTIONS, 01/16/2018 1,170.00 GM DISTRIBUTING 055.7200.596702 3,404.40 Customer Incentive Program 011618 513086 01/18/2018 3,404.40 HOWARD INDUSTRIES, INC., 055.9100.900000 7,100.00 225KVA-7200-277/480- 54022687446 055,0002581 513087 055.9100.900000 5,994.00 150KVA-16340-277/480- 54022687446 055.0002581 513087 055.9100.900000 6,796.00 225KVA-16340-277/480- 54022687446 055.0002581 513087 055.9100.900000 8,015.00 300KVA-16340-277/480- 54022687446 055.0002581 513087 055.9100.900000 2,650.98 Sales Tax 9.5% 54022687446 513087 01/18/2018 30,555.98 TECHNOLOGY FOR ENERGY 055.8000.590000 820.00 Calibration Services-- 23795 055.0002558 513088 CORP 01/18/2018 820.00 AT&T 055.9200.560010 152.00 Period: Nov 19- Dec 18 122317 513089 01/25/2018 152.00 LP BLOOMBERG FINANCE 055.9200.596200 270.75 New York Mercantile Exchange 5604194471 513090 055.9200.596200 11,250.00 Market Information Services 5604194472 513090 Printed: 11301201E 9:33:21AM Page 11 01 16 LIGHT & POWER WARRANT REGISTER NO. 452 FEBRUARY 6, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.Q.# ISSUED NUMBER AMOUNT 01/25/2018 11,520.75 CRAIG WELDING SUPPLY CO 055.8000.590000 53.09 Refill Cylinders - 623164 055.0002538 513091 055.8000.590000 26.54 Refill Cylinders -- 623438 055.0002538 513091 01/25/2018 79.63 JARED DACEY 055.9100.596700 74.69 Key Accounts Certificate Program 122017 513092 01/25/2018 74.69 CORP LITTLEJOHN REULAND 055.8400.590000 4,807.75 Pump Replacement 53462 513093 01/25/2018 4,807.75 SANTA FE BUILDING 055.8400.596200 464.00 Janitorial Services 12/17 16591 513094 MAINTENANCE 055.9000.596200 1,611.00 Janitorial Services 12/17 16591 513094 01/25/2018 2,075.00 SO CAL JOINT POLE COMMITTEE 055.9100.596200 745.78 Operating Expense 12/17 19711 513095 01/25/2018 745.78 WEIDMANN ELECTRICAL 055.8000.590000 232.00 Oil Samples -- 5900188256 055.0002547 513096 TECHNOLOGY 055.8000.590000 232.00 Oil Samples - 5900188411 055.0002547 513096 055.8000.590000 232.00 Oil Samples - 5900188412 055.0002547 513096 01/25/2018 696.00 WESCO RECEIVABLES CORP. 055.9100.900000 2,990.88 37.5KVA-7200-277- 454860 055.0002582 513097 055.9100,900000 6,721.86 50KVA-7200-277- 454860 055.0002582 513097 055.9100.900000 3,504.66 50KVA-16340-277- 454860 055.0002582 513097 Printed: 1/30/2018 9:33:21AM Page 12 of 16 LIGHT & POWER WARRANT REGISTER NO. 452 FEBRUARY 6, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.D.# ISSUED NUMBER AMOUNT WESCO RECEIVABLES CORP. 055.9100.900000 1,255.65 Sales Tax 9.5% 454860 513097 055.9100.900000 8,437.50 75KVA-7200-277- 461262 055.0002582 513097 055.9100.900000 801.56 Sales Tax 9.5% 461262 513097 055.9100.900000 3,504.66 50KVA-16340-277- 465962 055.0002582 513097 055.9100.900000 332.94 Sales Tax 9.5% 465962 513097 055.9100.900000 4,324.26 75KVA-16340-277- 497806 055.0002582 513097 055.9100.900000 410.80 Sales Tax 9.5% 497806 513097 01/25/2018 32,284.77 WESTERN ALLIED CORPORATION 055.8400.596200 653.21 Air Conditioner Maintenance 621423 513098 01/25/2018 653.21 TOTAL EARLY CHECKS $ 129,749,70 Pnnted: 1/30/2018 9:33:21AM Page 13o116 LIGHT & POWER WARRANT REGISTER NO. 452 FEBRUARY 6, 2018 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT ANTHONY KOSTALLAS,O.D. 055.9000.502030 300.00 Vision Benefits/J. Balandran 121317 513099 300.00 NOE CASAS 055.8100.502030 58.00 Vision Benefits/A. Casas 011118 513100 055.8100.502030 93.00 Vision Benefits/S. Casas 011118(2) 513100 055.8100.502030 58.00 Vision Benefits/T. Casas 011118(3) 513100 209.00 DURHAM COMPANY 055.8000.900000 2,053.20 Test Switches 10 Poles(9S)- 17141422 055.0002601 513101 2,053.20 &SALES CO MC AVOY& 055.8000.900000 4,360.00 Sentinel 9S SS4S1 D Level 2 KYZ, 15602 055.0002597 513102 MARKHAME 055.8000.900000 414.20 Sales Tax 9.5% 15602 513102 4,774.20 JACK MEGORDEN 055.9100.502030 450.00 Vision Benefits/C. Megorden 011118 513103 450.00 KELLY NGUYEN 055.9000.502030 359.00 Vision Benefits/K. Nguyen 121317 513104 055.9000.502030 239.00 Vision Benefits/H. Nguyen 121317(2) 513104 598.00 VIET NGUYEN 055.9100.502030 259.00 Vision Benefits/Child 011118 513105 055.9100.502030 273.98 Vision Benefits/V. Nguyen 011118(2) 513105 055.9100.502030 223.98 Vision Benefits/T. Tran 011118(3) 513105 756.96 Pnmed: 1/30/2018 9:33:21AM Page 14 o1 16 LIGHT & POWER WARRANT REGISTER NO. 452 FEBRUARY 6, 2018 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT TOTAL PRINTED CHECKS 5 9,141.36 Prinled: 1l�Mi9 R:33:21AM Page 15 of 16 LIGHT & POWER WARRANT REGISTER NO. 452 FEB RUARY 6, 2018 RECAP BY FUND EARLY PRINTED FUND WIRE TOTAL CHECK TOTAL CHECK TOTAL TOTAL 055- LIGHT&POWER 'S 6,867,580.54 s 129,749.70 $ 9,141.36 7,006,471.60 GRAND TOTAL 8 6,867,580.54 9 129,749.70 S 9,141.36 S 7,006,471.60 TOTAL CHECKS TO BE PRINTED 7 FrinkKt IrJDr Di8 9MITAM Page 16 of 16 v '2' "Eta�� E0 R?,7 f!F a JAN 3 0 2018 FEB 0I ?�'i8 `�:�.,�� CITY ADMINISTRATION CITY CLERK'S C,.;10E STAFF REPORT � FINANCE/TREASURY DEPARTMENT cf7�� DATE: January 30, 2018 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director 03f RE: Gas Warrant Register for City Council Agenda of February 6, 2018 It is recommended that the attached Gas Warrant Register No. 240 be approved at the City Council meeting of February 6, 2018. Gas Warrant Register No. 240 totals $2,562,294.62, and covers claims and demands presented during the period of January 09 through January 29, 2018, drawn, or to be drawn, from East West Bank. The following list details the components of Gas Warrant Register No. 240: 1. Ratification of wire transfers totaling $2,552,163.33; 2. Ratification of the issuance of early checks totaling $10,131.29; and F V4 CITY OF VERNON GAS DEPARTMENT r* * WARRANT REGISTER NO. 240 ,i� FEBRUARY 6, 2018 I hereby certify that claims and/or demands included in above listed warrant This is to certify that the claims or demands covered by the above listed register have been audited for accuracy and availability of funds for warrants have been audited by the City Council of the City of Vernon and payments and that said claims and/or demands are accurate and that the that all of said warrants are approved for payments except Warrant funds are available for payments thereof. Numbers: William Fox Finance Director Date: Printed: 1/30/2018 9:35:56AM Page 2 of 6 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 240 FEBRUARY 6, 2018 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT US BANK CORPORATE 056.5600.540000 461.92 Uniforms 112217 678 01/23/2018 461.92 BP ENERGY COMPANY 056.5600.500160 522,627.50 Natural Gas 12/17 1456852 679 01/25/2018 522,627.50 INC CITIGROUP ENERGY 056.5600.500167 374,480.00 Pre-Paid COV Retail 6655407 680 056.5600.500168 -15,546.50 Pre-Paid SMUD 6655407 680 01/25/2018 358,933.50 CONOCO PHILLIPS COMPANY 056.5600.500160 83,485.00 Natural Gas 12/17 95795 681 01/25/2018 83,485.00 LLC EDF TRADING NORTH 056.5600.500160 134,200.00 Natural Gas 12/17 218739 682 AMERICA 01/25/2018 134,200.00 MACQUARIE ENERGY LLC 056.5600.500160 762,843.50 Natural Gas 12/17 GAS100084611 683 01/25/2018 762,843.50 NOBLE AMERICAS GAS& POWER 056.5600.500160 515,366.16 Natural Gas 12/17 1947486 684 01/25/2018 515,366.16 LLC PACIFIC SUMMIT ENERGY 056.5600.500160 156,014.50 Natural Gas 12/17 219256 685 01/25/2018 156,014.50 LP SEQUENT ENERGY 056.5600.500160 18,231.25 Natural Gas 12/17 35952642 686 MANAGEMENT 01/25/2018 18,231.25 Printed:1/30/2018 9:35 56AM Page 3 of 6 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 240 FEBRUARY 6, 2018 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O_t ISSUED NUMBER AMOUNT TOTAL WIRES S 2,562,163.33 Pdnled, 1/30/2018 9:35:56AM Page 4 of 6 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 240 FEBRUARY 6, 2018 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT CRAIG WELDING SUPPLY CO 056.5600.590000 28.47 Welding Supplies- 623015 056.0000461 1664 01/09/2018 28.47 HOME DEPOT CREDIT SERVICES 056.5600.520000 27.32 Building Supplies- 102417 MULTIPL 056.0000457 1665 E(2) 01/09/2018 27.32 AT&T 056.5600.560010 544.02 Period: 11/10/17- 12/09/17 10627717 1666 056.5600.560010 20.25 Period: 11/10/17- 12/09/17 10627816 1666 01/11/2018 564.27 INC INTERSTATE GAS SERVICES 056.5600.596200 4,400.00 Consulting Services 11/17 7021401 1667 01/18/2018 4,400.00 INC MEASUREMENT CONTROL 056,5600.590000 239.85 22-2447-2- 196859 056.0000447 1668 SYSTEM 056.5600.590000 59.95 CFR34- 196859 056.0000447 1668 056.5600.590000 32.95 Freight 196859 056.0000447 1668 056.5600.590000 28.48 Sales Tax 9.5% 196859 1668 01/18/2018 361.23 RICHARD M. SNEDAKER 056.5600.596200 4,750.00 Land Surveying 1709401 1669 01/18/2018 4,750.00 TOTAL EARLY CHECKS $ 10,131.29 Pnnted:1/30/2018 9:35:56AM Page 5 of 6 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 240 FEBRUARY 6, 2018 RECAP BY FUND EARLY PRINTED FUND WIRE TOTAL CHECK TOTAL CHECK TOTAL TOTAL 056- NATURAL GAS 2,552,163.33 $ 10,131.29 f; 1:} 5 2,562,294.62 GRAND TOTAL 5 2,552,163.33 $ 10,131.29 S 0.00 S 2,562,294.62 TOTAL CHECKS TO BE PRINTED 0 Pnnted' 1/30/2018 9:35:56AM Page 6 of 6 RUED RECEIVED FF3 01 2318 FEB o 12018 STAFF REPORT Ca Ni to),!.i 11,!ISTI UTION CITY CLERK'S OFFICE CITY CLERK DEPARTMENT DATE: February 6, 2018 TO: Honorable Mayor and City Council FROM: Maria E. Ayala, City Clerk ''` RE: A Resolution to Make Technical Updates to Ballot Language for Utility Users Tax Measure R for General Municipal Election of April 10, 2018 Recommendation A. Find that adoption of the proposed resolution is exempt from California Environmental Quality Act ("CEQA") review, because it is an administrative activity of government 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 a resolution making technical updates to the ballot language only for the Utility Users Tax Measure R for the General Municipal Election of April 10, 2018 to comply with recent updates in law to CA Elections Code §13119(b) effective January 1, 2018. Background On December 5, 2017 the City Council adopted Resolution 2017-65, A Resolution of the City Council of the City of Vernon, California Submitting to the Voters of the City at the City's April 10, 2018, General Municipal Election a Utility Users' Tax Measure (Measure "R"). Section 5. Ballot Ouestion states that the ballot question be presented as follows: MEASURE R: Shall an ordinance be adopted to authorize the levy of a 6%utility users' tax on electricity,gas, YES telecommunications, video and water utility services for commercial/industrial customers, NO with exemptions for residential services? Page I of 2 190266.1 After Resolution 2017-65 was adopted, AB 195 took effect on January 1, 2018, which amended California Elections Code §13119(b) to require that for measures placed on the ballot,the"...ballot shall include in the statement of the measure to be voted on the amount of money to be raised annually and the rate and duration of the tax to be levied." The proposed resolution ensures that the ballots being mailed to the voters of the City of Vernon contain the language required by the updated Elections Code §13119(b). The proposed updated language for the ballot question is technical in nature and intended to provide more information to the voters; it would be presented as follows (with the added language in bold): MEASURE R: Shall an ordinance be adopted to authorize the levy of a 6% utility users' tax on electricity, gas, YES telecommunications, video and water utility services for commercial/industrial customers, with exemptions for residential services, raising a total annual amount of $11.9 NO million for a duration of 10 years after the effective date? The technical language change does not change any text in the underlying measure that would be adopted if approved by the voters. As a result, the update does not affect or trigger any change in the impartial analysis provided by the City Attorney's Office or any amendment to the argument submitted in favor of the Measure. No argument was submitted against the Measure. The above information has been vetted through the City's Elections Counsel, with City Attorney's Office providing the drafted proposed resolution. Fiscal Impact This resolution to make the technical changes to the ballot language has no financial impact on the City or on the Measure being proposed to the voters. Attachment(s) 1. Draft Resolution 2. Impartial Analysis 3. Argument in Favor of Measure R Page 2 of 2 190266.1 RESOLUTION NO . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON, CALIFORNIA MAKING TECHNICAL UPDATES TO THE BALLOT LANGUAGE FOR THE UTILITY USERS TAX MEASURE R FOR THE CITY' S GENERAL MUNICIPAL ELECTION OF APRIL 10, 2018, TO COMPLY WITH RECENT UPDATES TO CALIFORNIA ELECTIONS CODE SECTION 13119 (b) WHEREAS, by its Resolution No. 2017-59, adopted on November 7, 2017, the City Council of the City of Vernon (the "City Council" ) called a general municipal election in the City to be held on April 10, 2018 (the "Election" ) , by mail ballot only; and WHEREAS, on December 5, 2017, the City Council adopted Resolution No. 2017-65, submitting to the voters of the City for the Election a Utility Users' Tax Measure; and WHEREAS, effective January 1, 2018 , the California Elections Code (the "Elections Code" ) , §13119 (b) , was amended to require that "...the ballot shall include in the statement of the ordinance to be voted on the amount of money to be raised annually and the rate and duration of the tax to be levied" (emphasis added) ; and WHEREAS, the amended Elections Code applies to the Election; and WHEREAS, by memorandum dated February 6, 2018, the City Clerk has recommended that the ballot measure language for the Utility Users' Tax Measure be updated to comply with recent updates to Elections Code §13119 (b) ; and WHEREAS, the City Council desires to submit to the voters of the City, at the Election, the updated language (only) for the ballot question, which is technical in nature and does not change the substance of the ordinance being voted on and is intended to provide more information to the voters . 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 adoption of this resolution is exempt under the California Environmental Quality Act (CEQA) , because it is an administrative activity of government 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 . SECTION 3 : Ballot Question. The measure (the "Measure" ) shall appear on the ballot as follows : MEASURE R: Shall an ordinance be adopted to authorize the levy of a 6% utility users' tax on YES electricity, gas, telecommunications, video and water utility services for commercial/industrial customers, with exemptions for residential services, raising a NO total annual amount of $11 . 9 million for a duration of 10 years after the effective date? - 2 - SECTION 4 : The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the City Clerk' s, or Deputy City Clerk' s, certification to be entered in the File of Resolutions of the Council of this City. APPROVED and ADOPTED this 6th day of February, 2018 . Name : Title: Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: Brian Byun, Senior Deputy City Attorney - 3 - STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, February 6, 2018, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of February, 2018 , at Vernon, California. City Clerk / Deputy City Clerk (SEAL) - 4 - �-i tf. CITY OF VERNON ;;` MEASM R v BALLOT TZZr U W .. W la! Measure R to amend sections 5.113, 5.114, 5.115, 5.116, 5.1$7, 9.111 P,5.121, 5.122 and repeal section 5.138 of Article VIII of Chapter 5 of the Vernon Municipal Code relating to the Utility Users' Tax. IMPARTIAL ANALYSIS OF MEASURE R BY THE CITY ATTORNEY OF THE CITY OF VERNON This analysis of Measure R, proposing an amendment to the Vernon Municipal Code, is prepared and submitted to the voters of the City of Vernon at the direction of the City Council of the City of Vernon and pursuant to Section 9280 of the California Elections Code. If approved by the voters, Measure R will amend Sections 5.113 through 5.118 (inclusive), 5.121, 5.122 and repeal Section 5.138 of the Vernon Municipal Code. The amendment increases the current UUT for the use of the City's electricity, gas, water, telecommunications,and video services and infrastructure from 1%to 6%each, but only as to commercial and industrial properties, not residential properties. It establishes a new"sunset date"of ten (10)years from the effective date, which shall be the date upon which the City Council certifies adoption by the electorate of the proposed ordinance. Finally,the amendment deletes Section 5.138 from the Vernon Municipal Code, which, among other things, established a $250,000 absolute dollar cap on the amount of UUT revenue the City could receive from any one single customer in a fiscal year. The stated purpose of the amendment is to replace the current operating transfer from the City's Public Utilities department to the City's general fund with an approximately equivalent amount of UUT revenue, which would go directly to the general fund. Elimination of the operating transfer would likely be viewed positively by government regulatory bodies and financial bond rating agencies. The legality of operating transfers is also currently under review by the California Supreme Court, so passage of Measure R would render that judicial uncertainty moot. If approved by the voters, Measure R will amend Sections 5.113 through 5.118 (inclusive), 5.121, 5.122 and repeal Section 5.138 of the Vernon Municipal Code. It is intended and estimated that there will be no financial impact to the City. Br4 yun. Semior Deputy C' f ttorrW4 City of Vernon The above statement is an impartial analysis of Measure R. If you desire a copy of the ballot measure amending the Vernon Municipal Code,please call the elections official's office at 323-583-8811 ext. 546 and a copy will be mailed at no cost to you. ARGUMENT IN FAVOR OF MEASURE R„r_ The Vernon City Council urges citizens to vote YES for Measure R which will increase the current rate of the Utility Users Tax(UUr)from 1%to 6%for commercial industrial properties within the City of Vernon in order to generate enough revenues to stabilize the general fund. If passed by voters at the April 10, 1018 election, the 6%utility tax will be levied on commercial/industrial users of telephone,electricity,gas, water,fiber,cable. and/or video services, and will exclude all residential users. With the current 1% UUT, the City relies on operating transfers from the electric utility revenues to the City's general fiord to balance the budget each fiscal year. The revenues generated from the proposed UUT increase will preserve the high standards under which the City of Vernon operates, and will address the City's general fined shortfall for this year and subsequent years, removing the need for the utility transfer. This will achieve greater stability in the general fund. In summary, the UUT revenues will: • Remove the need for the City's electric utility to transfer approximately $9 million to the general government fund each fiscal year • Increase fiscal accountability for the general fund and promote less dependence on the utility • Improve the electric utility's financial standing in the eyes of credit rating agencies • Support the City's commitment to good governance practices • Enable the general government to maintain its infrastructure, provide essential services, and meet its forecasted financial obligations Failure to take action could result in the reduction and/or elimination of quality government services, important infrastructure maintenance, and capital projects. Ultimately, circumstances could lead to significant. permanent budget cutbacks. It is up to Vernon's voters to make a critical decision to shape the City's future. A YES VOTE ON MEASURE R IS A VOTE TO PROTECT VITAL CITY SER VICE. Mefi,sa Y Miavor Signed +�trAo'-i _ Datc Yvette WcKAru =Perez,Mayor Pro Tempore Date William J. Davis, Councilmember 0 Signed 2� Date Luz A.60 et*C i ember Si Date Leticia Lopez, Councilmember 6� ARGUMENTS L; FORM OF STATEMENT TO BE FILED BY AUTHORS OF ARGUMENTS All arguments concerning measures filed pursuant to Division 9, Chapter 3 (beginning with §9200) of the Elections Code shall be accompanied by the following form statement to be signed by each proponent, and by each author,d different,of the argument_ The undersigned proponents or authors of the primary argument in favor of ballot Measure R at the General Municipal Election for the City of Vernon to be held on April 10, 2018, hereby state that the argument is true and correct to the best of their knowledge and belief. Print Name Srgn re Titl� 'I 00 Date � /V r Print Name f4A �1.4 JA //117.d Jd A �ssot ba r ra Title -- bate Print Name `14W J nMl� Signat --- V Title sVu4V4[1C 1KCAjjWL fate { — —14 _ 1 Prinz �_: Srynat - —� ' — Tde COiLkNik M C*lp& Date 11.19•C1 Print Name ly ct-tt, N o o d ru ff- Ptrtz- Signature Tale Hajar ProTern Date m• 1°I • `� of [DECEIVED FEB 0 12018 � - _ ' JAN 3 0 2018 . y 4 CITY CLERK'S OFFICE It tt CITY ADMINISTRATION FIRE DEPARTMENT 4305 Santa Fe Avenue,Vernon,California 90058 Telephone(323)583-8811 Fax (323)826-1407 January 29, 2018 Honorable Mayor and City Council City of Vernon Honorable Members: Attached is a copy of the Vernon Fire Department Activity Report which covers the period of January 1, 2018 through January 15, 2018. Respectfully Submitted, ?3wa t . (5�" Bruce K. English Fire Chief BKE:ar Fireletnow Exclusively lndustfiac VERNON FIRE DEPARTMENT COMPANY ACTIVITIES January 1, 2018 to January 15, 2018 This Period Last Year This This Year Last Year To Date Period To Date ACTIVITY TYPE FIRE PREVENTION: Regular Inspections (#): 2 2 20 20 Re-Inspections (#): 13 13 4 4 Spec. Haz. Inspections (#): 0 0 0 0 Total Inspections: 15 15 24 24 Total Man Hours: 35 35 41 41 TRAINING (HOURS): Firefighting 97 97 95 95 Hazardous Materials 45 45 33 33 Safety 128 128 114 114 Apparatus Operations 128 128 121 121 Equipment Operations 131 131 124 124 CPR 2 2 0 0 First Aid 38 38 51 51 Total Hours: 569 569 538 538 PRE-INCIDENT (HOURSZ Planning 72 72 71 71 District Familiarization 80 80 97 97 Total Hours: 152 152 168 168 PERIODIC TEST (HOURS): Hose Testing 0 0 3 3 Pump Testing 0 0 0 0 Total Hours: i t] 3 Page l PUBLIC SERVICE PROGRAMS (HOURS) School Programs 0 0 4 4 Fire Brigades 0 0 0 0 Emergency Preparedness 6 6 11 11 Total Hours: 6 6 15 15 ROUTINE MAINTENANCE(HOURS): Station 124 124 121 121 Apparatus 125 125 124 124 Equipment 134 134 127 127 Total Hours: 383 383 372 372 Grand Total Hours: 1145 1145 1137 1137 Fireactivity Page 2 of r JAB# 16 2018 x4 CITY ADM INI TRATION F 7 rM POLICE DEPARTMENT JAw 18 8 Anthony Miranda, Chief of Police 4305 Santa Fe Avenue, Vernon, California 90058 CITY CLEWS OFFICE Telephone(323)587-5171 Fax (323)826-1481 January 16, 2018 Honorable City Council City of Vernon Vernon, California Honorable Members: Attached are copies of the Vernon Police Department Activity Log and Statistical Summary of Arrest and Activities which cover the period from 12:01 a.m., January 1, 2018 up to and including midnight of January 15, 2018. Respectfully submitted, VERNON POLICE DEPARTMENT ANTHONY MIRANDA CHIEF OF POLICE AM/gg E,Xclusivef Industrial VERNON POLICE DEPARTMENT Department Activity Report First Dale: 01/01/2018 Jurisdiction: VERNON Last Dale: 01/15/2018 Department Complaint All Units Primary Unit Type Description VPD 10-6 OFFICER IS 10-6 C7,961.962,10-10,WASH, EQUIPh 124 113 10-96H PICK UP THE JAIL PAPER WORK FROM HP JAIL 4 3 10-96M 10-96 MARY(MAIL DETAIL) 5 4 187R MURDER REPORT 12 1 20002 NON-INJURY HIT AND RUN 10 4 20002R NON-INJURY HIT AND RUN REPORT 14 5 211 R ROBBERY REPORT 2 1 211 S SILENT ROBBERY ALARM 4 1 240 ASSAULT 3 1 242R BATTERY REPORT 5 3 261 R RAPE REPORT 2 1 314 INDECENT EXPOSURE 9 3 415 DISTURBING THE PEACE 17 7 422 TERRORIST THREATS 4 1 459A AUDIBLE BURGLARY ALARM 144 73 459R BURGLARY REPORT 13 7 459V BURGLARY TO A VEHICLE 5 2 459VR BURGLARY TO A VEHICLE REPORT 14 6 484 PETTY THEFT 11 2 484R PETTY THEFT REPORT 6 4 487 GRAND THEFT 3 1 487R GRAND THEFT REPORT 7 5 586 PARKING PROBLEM 22 20 594 VANDALISM 7 1 594R VANDALISM REPORT 4 2 602 TRESPASS 31 10 647F DRUNK IN PUBLIC 7 2 901 UNKNOWN INJURY TRAFFIC COLLISION 5 2 901T INJURY TRAFFIC COLLISION 12 4 901TR INJURY TRAFFIC COLLISION REPORT 3 1 902T NON-INJURY TRAFFIC COLLISION 73 34 902TR NON-INJURY TRAFFIC COLLISION REPORT 1 1 909C TRAFFIC CONTROL 1 1 909T TRAFFIC HAZARD 3 2 911A CONTACT THE REPORTING PARTY 1 1 917A ABANDONED VEHICLE 4 4 925 SUSPICIOUS CIRCUMSTANCES 33 16 927 UNKNOWN TROUBLE 4 1 AGGR ANI AGGRESSIVE ANIMAL 5 2 AGTAR ATTEMPT GRAND THEFT AUTO REPORT 2 1 ASTVFD ASSIST VERNON FIRE DEPARTMENT 23 12 BOSIG BROKEN SIGNAL OR LIGHT 9 5 BOVEH BROKEN DOWN VEHICLE 15 11 CITCK CITATION CHECK 3 3 DEMOSTRA DEMONSTRATION 7 4 DET DETECTIVE INVESTIGATION 16 7 DETAIL DETAIL 3 3 DPTAST DEPARTMENTAL ASSIST 7 4 01/16/2018 07:45:50 Page I of 2 VERNON POLICE DEPARTMENT Department Activity Report First Dale: 01/01/2018 Jurisdiction: VERNON Last Dale: 01/15/2018 Department Complaint A11 Units Primary Unit Type Description VPD DUI DRIVING UNDER THE INFLUENCE 3 2 FILING OFFICER IS 10-6 REPORT WRITING 73 70 FOUND FOUND PROPERTY REPORT 3 3 FU FOLLOW UP 13 10 GTAR GRAND THEFT AUTO REPORT 7 4 HBC HAILED BY A CITIZEN 5 2 ID THEFT RPT IDENTITY THEFT REPORT 1 1 k9 TRAINING K9 TRAINING REMINDER,OBTAIN LOCATION 1 1 LOCATE LOCATED VERNON STOLEN VEHICLE 3 2 PAPD PUBLIC ASSIST-POLICE 9 5 PATCK PATROL CHECK 141 95 PEDCK PEDESTRIAN CHECK 89 42 PLATE LOST OR STOLEN PLATES REPORT 1 1 PRSTRAN PRISONER TRANSPORTED 11 8 REC RECOVERED STOLEN VEHICLE 4 1 RECKLESS DF RECKLESS DRIVING(23103) 2 2 REPO REPOSSESSION 2 2 ROADRAGE ROAD RAGE 2 1 RR RAIL ROAD PROBLEM 7 5 SEAACA SEAACA ANIMAL CALLS 1 1 SHOTS SHOTS 1 1 SPEEDTRAILE TO BE USED WHEN THE TRAILERS ARE DEPLOY[ 1 1 TRAFFIC STOI TRAFFIC STOP 246 167 VCK VEHICLE CHECK 145 117 VEH RELEASE VEHICLE RELEASE 4 3 VIDEOCHECK VIDEO EQUIPMENT CHECK(10-96 V) 1 1 WARRANT WARRANT ARREST 1 1 WELCK WELFARE CHECK 18 7 Department: 15 l 4 958 Overall: 1514 958 01/1&2018 07:45:50 Page 2 of 2 VERNON POLICE DEPARTMENT Police Activity Report Period Ending: 01/15/18 TRAFFIC COLLISIONS NO. PROPERTY RECOVERED_ TOTAL 14 VEHICLES: S 124,500.00 NON-INJURY 11 INJURY 3 Pedestrian Fatalities City Property Damage 6 Hit & Run (Misdemeanor) 6 Hit & Run (Felony) 1 Persons Injured 6 VEHICLES STORED PROPERTY RECOVERED FOR Unlicensed Driver 2 OTHER DEPARTMENTS Abandoned/Stored Vehicle 1 I VEHICLES: S13,000.00 Traffic Hazard I CITATIONS Citations Iss (Prisoner Release) 10 Citations Iss (Moving) 91 Citations Iss (Parking) 79 Citations Iss (Total) 170 Hazardous 64 Non-Hazardous 27 Other Violations CASES CLEARED BY ARREST AR18-002 CR18-0005 11377 HS AR 18-008 CR 18-0025 422 PC AR 18-012 CR18-0029 459 PC AR 18-014 CR18-0065 11377 HS AR 18-016 CR18-0071 11350 HS AR18-017 CR18-0078 11377 HS AR 18-018 CR 18-0087 459 PC VERNON POLICE DEPARTMENT REPORT FOR PERSONS ARRESTED PERIOD ENDING: 1/15/2018 ADULT FELONY ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL BURGLARY 2 2 GRAND THEFT GRAND THEFT AUTO FELON/ADDICT/POSSESS/ETC FIREARM VANDALISM WARRANT(VERNON CASE) WARRANT(OUTSIDE AGENCY) TOTAL FELONY ARRESTS 3 0 3 ADULT MISDEMEANOR ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL DOMESTIC VIOLENCE DRIVING UNDER THE INFLUENCE 5 5 POSSESS CONTROLLED PARAPHERNALIA POSSESS CONTROLLED SUBSTANCE 3 1 4 CRIMINAL THREATS 1 _ 1 VANDALISM _ WARRANT (VERNON CASE) 5 5 WARRANT (OUTSIDE AGENCY) !TOTAL MISD. 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V � CLO Lo LL O e CD c o a o ff Z v y O [ti Z o LU x _ o o a z C a �a z wl F r 4 N N N RECEIVED JAN 2 3 2018 STAFF REPORT PI3v VERNON PUBLIC UTILITIES DEPARTMENT DATE: February b, 2018 TO: Honorable Mayor and City Council Cq ` f3`� 66 J' FROM: Kelly Nguyen, General Manager of Vernon Public Utilities RE: Renewable Portfolio Standard (RPS) Annual Status Report for Calendar Year 2017 Recommendation A. Find that the Renewable Portfolio Standard (RPS) Annual Status Report is exempt from California Environmental Quality Act (CEQA) review because, as a continuing administrative activity, such is not a "project" as defined in CEQA Guidelines Section 15378. And even if such activity were a "project," it would be exempt from CEQA review in accordance with CEQA Guidelines Section 15307 and 15308 because the RPS activity managed by Vernon Public Utilities is aligned with regulatory provisions to maintain, restore, or enhance the environment; and B. Receive and file the annual Renewable Portfolio Standard (RPS) Report for Calendar Year 2017, as report is for informational purposes only. Backstround A renewable portfolio standard (RPS) is a regulatory mandate to increase production of energy from renewable sources. Vernon Public Utilities is responsible for implementing and enforcing a renewable portfolio standard for the utility that recognizes the intent of the Legislature to encourage utilization of renewable resources, while taking into consideration the effect of the standard on rates, reliability, and financial resources and the goal of environmental improvement. Vernon is making reasonable progress in attaining the goals of SB 350. The City is currently seeking out additional renewable energy contracts for calendar 2017 through calendar 2020 to meet the mandated thirty-three percent RPS target in 2020. Staff fully expects to secure sufficient resources to meet its Compliance Period 3 (2017 —2020) procurement targets. Page 1 of 2 Fiscal Impact None. Attachment 1. Renewable Portfolio Standard Annual Status Report for Calendar Year 2017 Page 2 of 2 Renewable Portfolio Standard Annual Status Report for Calendar Year 2017 Background Vernon Public Utilities(VPU) is responsible for implementing and enforcing a renewable portfolio standard for the utility that recognizes the intent of the Legislature to encourage utilization of renewable resources, while taking into consideration the effect of the standard on rates, reliability, and financial resources and the goal of environmental improvement Performance Summark Vernon procured RPS resources equal to 29%of retail sales to meet compliance obligations for Calendar Year 2017. The compliance requirement for Calendar Year 2017 is 27% of retail sales_ The primary resources were Vernon's long-term solar, land fill gas, and biomethane contracts. Also, the City issued an RFP to purchase additional short- term renewable contracts to cover a portion of the compliance obligation for Calendar Year 2017 and the following years to meet RPS Compliance Period 3. However, the City was able to negotiate and purchase renewable energy at lower prices from other suppliers than those who responded to the RFP. The City purchased 350,000 MWhs of renewable energy to meet RPS compliance requirements between 2017 through 2020. The City met and exceeded the specified RPS target for Calendar Year 2017 with eligible renewable resources. Vernon is making reasonable progress in attaining the goals of SB 350. Staff fully expects that it will also secure sufficient resources to meet its Compliance Period 3 procurement targets. As specified in the RPS Program and CEC Regulations, the City is not required to procure a specific quantity of RPS-eligible resources in any individual year during this Compliance Period 3,but the total renewable procurement for the four-year period must be equal or greater than the sum of the following equation: (27 percent of 2017 retail sales) + (29 percent of 2018 retail sales) + (3t percent of 2019 retail sales)+(33 percent of 2020 retail sales). This amounts to an average procurement of 30% for the entire four-year compliance period.The City's procurement level for the same period stands at 29%_ Renewable Energy Procurement in Calendar Year 2017 Pursuant to Vernon's RPS Procurement Plan and Enforcement Program, action has been taken to acquire renewable energy resources to meet the RPS requirement. The following is a brief description of renewable resources used to meet compliance requirements. sPower Antelope DSR Solar Project The Antelope DSR Solar Project developed by Sustainable Power Group(sPower)was selected from many responses to SCPPA's Request for Proposals in 2014. Along with other SCPPA members, Vernon staff conducted in-depth reviews of the many projects submitted through the SCPPA RFP process and concluded that the Antelope DSR Project has many superior characteristics and an attractive pricing structure when compared to other renewable projects considered.The final project price was the lowest for a technology offering on-peak energy profiles. Energy from the project is qualified as Portfolio Content Category t -- the SB X1 2 mandated and most valuableldesirable class of renewable energy. The Antelope DSR project is sited in the City of Lancaster,Los Angeles County. The project has been in full commercial operation since January 1, 2017. Vernon has a 25 MW entitlement and associated environmental attributes for a twenty-year term purchase. Astoria Phase 11 Solar Project Astoria II LLC has entered into a long-term power purchase agreement with SCPPA to build a Solar Photovoltaic facility that has a net capacity of approximately 175 megawatts of electricity. This contractual arrangement is basically considered firm generation, which is jointly owned with other municipal partners. By leveraging this asset with our municipal partners, the City achieves the critical mass needed to build a large projector contract_ This strategy practice reduces construction, financing, and operation costs and lets us achieve economies of scale and obtain the most favorable financing rates. The project located in Kern County started full commercial operation on December 31, 2016 with SCPPA taking control of 75 MW power produced. The City of Vernon,in conjunction with other 5 municipal utilities from SCPPA, 11Page is participating in the power purchase agreement(PPA)to purchase the facility energy for 20 years. The City Council has approved a power purchase agreement (through SCPPA) with Astoria for its renewable energy that will entitle Vernon to 20 MW of capacity for the period of January 2017 to December 2021,and 30 MW for the remainder contract period of January 2022 to December 2036. Puente Hills Gas to Energy Project Puente Hills landfill gas station was constructed by Los Angeles County Sanitation District in the 1980s; this facility is located in Southeastern Los Angeles County, near Vernon service area. It has been in full commercial operation since January 1987 and has remained on-line 95 percent of the time. The facility produces approximately 46 MW capacity. The Puente Hills Gas-to-Energy facility is a conventional Rankine Cycle Steam Power Plant using landfill gas(LFG) as fuel to generate electricity. LFG is fired in the plant's boilers producing superheated steam.The superheated steam is used to drive the steam turbine/generator to generate electric power. The City(through SCPPA,a utility group)has entered into a power purchase agreement for 10 megawatts of renewable power from the Puente Hills Landfill Gas—to-Energy Facility beginning January 1, 2017 and ending on December 31, 2030.For 2017, the City received an average of 7 megawatts from the facility. Biomethane Consistent with the RPS eligibility criteria, the City identified use of biomethane fuel at the MGS plant as a portfolio Content Category (PCC) 1 resource. Element Markets and Clean Energy have both secured a 10-year contract to deliver biomethane fuel to Vernon. The City and both Element Markets and Clean Energy entered into a biomethane option agreement under which the parties may elect to waive the biomethane delivery requirement allowing the City to procure less expensive renewable energy form other suppliers. Further, the contract allows Element Markets to deliver replacement power in lieu of biomethane.In 2017,the City received 74,162 MWh of replacement power from Element Markets. Short Term Purchases The City procured 15,456 MWs of short-term renewable resources. These renewable resources were classified as Bucket 2 RECs or bundled electricity products from renewable resources interconnected to a transmission network within the WECC that must be matched with incremental energy that is scheduled into a CA balancing authority area. The following table provides an overall assessment of VPU renewable resources and RPS requirements during Calendar Year 2017. 2 1 P a g e Table 1: RPS Cogpliance Status Report in 2017 Calendar Year 2017 Renewable Portfolio Standard Retail Sales (MWh) 1,061,829 Re quire d Re ne wable s (%) 27% Re quire d Re ne wable s (M Wh) 286,694 RPS Resources Antelope DSR (Solar) 66,387 Astoria 2 (Solar) 56,642 Puente Hills (Landfill Gas) 60,443 Replacement Power 74,162 Bucket 2 Purchase 15,456 Biomethane 32,398 'total Re ne wable Proc ure d (M Wh) 305,488 Total Renewable Procured MI 29% Note: The Excess of RPS procurement will be carried over to meet future compliance requirements. SummarofProcurement Plan to meet Future RPS Requiremenrs The City of Vernon intends to meet all future procurement targets,barring any events and occurrences that are beyond the City's control. A combination of increasing RPS mandate for POUs and the expiration of the biomethane contracts in the next five years has made Vernon more aware of the need to include more renewables in its portfolio. Vernon will seek to develop a diverse RPS portfolio, with a combination of landfill gas, solar PV, and other renewable resources, based on the forecasted need for additional energy resources, as well as the economics and timing of any particular projects_ It should be noted that VPU is currently performing an integrated resource plan and a cost of service study in order to guide its resource procurement decisions. In order to meet the RPS mandates, Vernon plans to preserve its existing renewable resources, carry forward excess procurement from one compliance period to the next,and look for timely and economic opportunities to diversify and expand its RPS portfolio, while protecting Vernon's customers from excessive rate increases that could jeopardize economic growth and viability within the City. In accordance with state regulations starting January 2017, a minimum of 75% of RPS procurement used for compliance must meet the established requirements for Bucket 1, which for most practical purposes means use of bundled energy from California sited renewable power plants. Existing Bucket 1 resources are in limited supply,and it typically takes from three to five years to construct a new utility-scale renewable generation project. Vernon works with Southern California Public Power Authority (SCPPA) to gain greater access to a broader pool of renewable resources, through a competitive renewable procurement bidding process, which would otherwise be difficult to leverage as a result of VDU's size. The City has acquired multi-year contracts for solar and landfill gas power generation to satisfy the new RPS requirements as required by the State of California and SB X1 2. Since these renewable resources that come on-line on January 1, 2017 were added into the supply portfolio, the proportion supplied by bundled renewable energy has substantially increased and helped the City to make substantial progress towards the 33% RPS requirement by 2020, as required by SB X1 2. Additional bundled renewable energy sources (potential renewables) as of yet unplanned, will contribute towards meeting Vernon's long-term goal of reaching an RPS of 50%by 2030 as required by the new legislation authored by California Senate President pro Tempore Kevin de Leon, SB 350. The following table provides a summary of the current status of Vernon's RPS procurement activities and the amount of RPS purchases to meet the requirement of SB X1 2 and SB 350. 3 � Table 2: RPS COnIQ IW0,:C I Januar%' I.2017-December 31. 2030 f I 1 II 2017 2018 2019 2020 2021 2022I I24 2025 2026I ! ' 2030 AiRefASks(MWh) L054M LOAM 1,195,M 1,207,135 LW,2W 1,i31,399 1,243,713 1,256,19 1,268,111 1281,398 L294,22 1,307,154 L32DIS L3R428 Regdmt&WwAksS 27`k 29% 31`k 33% 33% 35% 37% 40% 40% 43% 49% 47% 46% 511% C*FY 1 75% 75'k 75`k 75% 75q 75q 75'4 75q 75% 75% 75% 75% 75% 7�r C*M2 15% IN 1% IN IN 15q IN 15% 15% IN 15% 15% 15k I;-, f C&%T3 lox l0t Ior,, 16'x IN IN i0r 10% 10% IN 10% IN IN I.Kr 1 VReoewilesRegiewml(MWb) 286,694 311,423 37%507 398A 4OZ338 430,990 4KI74 544M 507,484 551,001 582,396 614,363 633,7M V4 CoEpYm Pastioet Prohctioa by TCCWDbp Aze*DSR(Sohn) 66_187 X645 70?92 69.940 69,591 69,243 6$896 %552 6%209 67,89 61,529 67,191 66,855 �c S; AAA 2(Sobr) 5042 51684 53.415 53,148 54882 91,071 X614 90,161 89,710 89,261 88,815 88371 87,929 a �� None FIN(1,anH Gas) 60.443 61.N 54522 5LI9 49,311 44,846 42,426 40,379 37,216 34,797 33,681 31,262 29,214 27-iE Bucket 1 5,000 5XI 5.000 Bucket 3 40.000 40,0(p 4ROW BE MAW 3?1% ®FComacl 35,000 34,825 34,651 34,478 34,305 34,134 33,963 31793 33,624 3=:0 (kher(WMW) 89,618 130A 130.870 13Q87U 15M TOTALRE'ER;;BLESPIOCIREDt11143i 305,488 361,133 334,099 351,247 221,784 239,984 236,588 233,570 229,440 226,060 223,998 220,617 217,623 215,192 l'k i 29% 34fo 3t% 29% 18% 19% 19% 19% 18% N 17% 17% 16% Wr tE '1al�D$1�411F�V$FEStx) 27% 29% 31% 33% 335E 35% 37% 40% 4#% 43% 45% 47% 48% if{, 4 1 P a g e RECEIVED JA�1 3 Q 2018 FEB o 12018 STAFF REPORT ITY N1IN ISfiRATI D N CITY CLERKS OFFICE PUBLIC UT ILITIES DEPARTMENT cf/p DATE: February 6,2018 TO: Honorable Mayor and City Council 7�) FROM: Kelly Nguyen, General Manager of Public Utilities RE: Authorize the Issuance of a Purchase Order with Schweitzer Engineering Laboratories, Inc. c/o Matzinger-Keegan Inc. (MKI) for Substation Real- Time Automation Controllers (RTAC) and Event Collection Software TEAM Recommendation A. Find that approval of the proposed action is exempt from California Environmental Quality Act ("CEQA") review, because accepting and awarding a quote 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. As to the replacement of components of Vernon Public Utilities ("VPU") electric substation protective relay controllers, the proposed action is exempt from CEQA review, in accordance with CEQA Guidelines § 15302, because the proposed project consists of the replacement or reconstruction of existing equipment where the new equipment will be located on the same site as the equipment replaced and will have substantially the same purpose and capacity as the equipment replaced; and B. Authorize issuance of a Purchase Order to Schweitzer Engineering Laboratories, Inc. ("SEL") c/o Martzinger-Keegan, Inc. ("MKI") in an amount not to exceed $84,36099 including taxes and fees, for the purchase of equipment related to the City's electric substation protective relay operations. Background The City of Vernon Public Utilities electric system Supervisor Control and Data Acquisition ("SCADA") system currently employs several SEL-2032 communication processors as means to acquire real-time status and metering data from substation breakers, relays and transformers. These communication processors (installed between 2000 and 2005) adequately provide basic controls and data acquisition, but do not have advanced features to comply with today's cyber threat environment. Some of the older units are also showing signs of intermittent failure and soon will no longer provide reliable service to SCADA. Page 1 of 2 VPU staff has proposed to replace these aging SEL-2032s with the more modern SEL-RTACs which offer many advanced features to include cybersecurity protection, speed, data storage, and adaptability. AcSELerator TEAM software is an exclusive SEL advanced software that automatically collects outage and transient events from the RTACs and quickly distributes these events to a central computer for Engineer's easy access. Beginning in 2000, VPU started replacing and standardizing all old electromechanical relays with micro-processor based relays made by Schweitzer Engineering Lab Inc. ("SEL") and later a first few SEL-RTACs were installed in 2010. Continuing to use SEL products for substation improvement projects will substantially reduce unknown technical challenges for Engineers and Technicians in many aspects of the project. The proposed Purchase Order is exempt from Competitive Bidding and Competitive Selection in accordance with the conditions set forth in Section 2.17.12(A)(2) as the necessary RTACs and TEAM software are only available from SEL though MKI which is SEL's sole authorized distributor in California. The Terms & Conditions for the proposed purchase contract vary slightly from the City's standard terms, as MKI has requested to include SEL's sales terms (see Attachment 2) along with the City's Purchase Order. The City Attorney's Office has reviewed and approved the additional terms & conditions as to form. Council approval is required pursuant to Vernon Municipal Code Section 2.17.02 (B) as the City has made other purchases from SEL that together with the proposed Purchase Order would exceed the $100,000 threshold. If approved, Purchasing staff will issue the proposed Purchase Order. Fiscal Impact The not to exceed amount of$84,360.99 for all items listed above, which includes taxes and fees, has been included in the Public Utilities Department budget for fiscal year 2017-2018 and will be charged to account 055.9100.900000. Attachments 1. MKI Distributors Quote No. USMK11184-17 2. SEL Sales Terms for Purchase Order Page 2 of 2 MKI (949)852-1006 Monday, September 11, 2017 TO: City of Vernon FROM: Michele Newberry Email: michele@mkireps.com Phone: (949)852-1006 SUBJECT: SEL Quote# USMK11184-17 Thank you for this inquiry. We are pleased to offer the following quotation: QTY TOTAL 1 Part No. 3530AAOXX21 1 XOXXXXXX Key: 5732 $4.388.00 9 $39,492.00 SEL-3530 RTAC: Real-Time Automation Controller 2 Part No.3 530#0 10 1 $5,250.00 1 $5,250.00 (3530 HAODX21 1 XOXXXXXX)Key:5607 SEL- 353013530-4 Real-Time Automation Controller (RTAC): Real-Time Automation Controller (Popular Model) 3 Part No.3530#4101 $2,850.00 3 $8,550.00 (35304BAOXX211 XOXXXXXX)Key: 7164 SEL- 353013530-4 Real-Time Automation Controller (RTAC): Real-Time Automation Controller (Popular Model) 4 Part No. 5045Q0250QOO00000OOQOOOO Key: $23,750.00 1 $23,750.00 6141 SEL-5045 acSELerator Team Software TOTAL(USD) $77,042.00 All sales are subject to the attached SEL Sales Terms, which are also available on SEL's website ) and are incorporated herein by reference. All sales are expressly limited to the SEL Sales Terms and are expressly made conditional on Buyer's assent thereto. SEL expressly objects to any additional or different terms proposed by Buyer, unless expressly agreed to in writing by SEL. Please indicate end user of equipment if not already noted above. All orders with an end user in the United States must indicate if American Reinvestment& Recovery Act(ARRA) funds are being used. If so, the End User's ARRA Federal Contract Number must be provided. Each relay comes with one manual (CD or Printed). CD will be supplied as default unless you request a Printed Manual. Additional Paper Manuals are $32 each. Lead time: 30 business days ARO to ship Does not include shipping time Ships from Pullman, WA Terms: Net 30 with approved credit only; otherwise cash in advance F.O.B.: Destination Freight: Prepaid and included (standard ground shipping)within the Continental United States. Orders with multiple items may be shipped from multiple locations and may come in more than one delivery. Quote Validity 60 days Page 1 of 2 Information contained within this quotation is for your evaluation purposes only. Disclosure of this information outside of your company is prohibited. If ordered, please make orders out to: Schweitzer Engineering Laboratories, Inc. c/o Matzinger-Keegan Please direct all inquiries relating to this quotation to Michele Newberry. Thank you, L, Michele Newberry Email: michele@mkireps.com Phone: (949) 852-1006 Page 2 of 2 SALES TERMS FOR SCHWEITZER ENGINEERING LABORATORIES,INC. 1. General Terms. These sales terms('"Terms") shall govern all unless specified otherwise. Buyer must meet the then-current SEL sales of Products and Services to Buyer by Schweitzer Engineering credit requirements to purchase on credit. If, in the judgment of Laboratories, Inc. ("SEL, Inc."), its affiliates, subsidiaries, and/or SEL, the financial condition of Buyer at any time prior to delivery divisions, (collectively, "SEL"), unless other terms are specified in does not justify the payment and/or credit terms offered by SEL, SEL's quotation or sales order acknowledgment or unless SEL may require payment in advance or postpone or cancel any otherwise agreed by SEL, Inc. in writing. All sales are expressly outstanding order, whereupon SEL shall be entitled to receive limited to these Terms and are conditional on Buyer's assent to reasonable cancellation charges. Delays in delivery or non- these Terms. Buyer's assent to these Terms shall be deemed given conformities in any installments shall not relieve Buyer of its upon the occurrence of any of the following: (i) Buyer's failure to obligation to pay any remaining installments. SEL may, at its sole object to these Terms in writing within three(3)days from the date discretion, impose a late charge equal to the lesser of 1.5% per of its receipt of them,(ii)Buyer's issuance of a purchase order,or month or the highest applicable rate allowed by law on all amounts (iii) Buyer's acceptance of delivery of Products or Services. SEL not paid when due. Any payment made by Buyer shall be applied expressly objects to any additional or different terms proposed by to amounts due before being applied to current orders, at SEL's Buyer, unless expressly agreed to in writing by SEL. For the sole discretion. Notwithstanding the foregoing, Buyer's failure to purposes of these Terms and unless stated otherwise, "Products" pay amounts due shall be deemed a material breach of these Terms, shall mean the products manufactured by SEL, including SEL and any acceptance by SEL of late payments shall not be deemed a systems or control enclosure structures, specified on the SEL sales waiver of such breach. To the extent allowed by law,SEL shall be order acknowledgment, including without limitation any entitled to recover all costs incurred in collecting amounts due from accessories, enclosed documentation and embedded software; and Buyer, including without limitation legal fees and other costs "Services" shall mean any SEL training, consulting, technical (including without limitation disbursements). support and any other services specified on the SEL sales order 3. Delivery, Documentation and Disclosure of Information. acknowledgment, except for projects governed by an SEL Delivery dates are approximate, based upon prompt receipt of all Engineering Services Proposal. SEL may modify these terms at necessary information from Buyer and do not constitute a any time without prior notice provided that no such modification contractual obligation. If drawing approval is required, drawings shall apply in respect of any order for products or services which must be returned on schedule to maintain estimated shipping dates. has been accepted by Seller prior to the modification(s). The latest SEL shall pack and ship Products according to its standard version of the Terms will be posted on SEL's website at procedure, and all shipments shall be sent to Buyer using the SEL www_selinc.cr,rnitermsandconditionsjunitedstates, and Buyer standard freight forwarder or carrier. Buyer shall pay for any should review these Terms prior to purchasing any Products or increased costs due to special packing, shipment(including freight Services. No contract will be deemed to be formed until the SEL forwarders or carriers required by Buyer) or insurance requests, as sales order acknowledgment has been sent to Buyer,and all orders well as any detention charges. Seller reserves the right to make are subject to SEL's ability to obtain, on appropriate terms and partial shipments of the Products and/or to ship Products early within a reasonable amount of time,any export or import license or unless otherwise stipulated in Buyer's purchase order. Unless permit required by applicable law or regulation. SEL shall have otherwise stated in the SEL sales order acknowledgment, the the right to cancel any order at any time for failure of Buyer to shipping terms are as stated herein. For Products shipped to agree to these Terms or for any material breach by Buyer of these addresses within the continental United States, title and risk of loss Terms, including without Limitation failure to pay any amounts or damage shall pass to Buyer upon delivery to Buyer's place of due, violation of the then-current SEL Software License business. Buyer must unpack and examine Products immediately Agreement or noncompliance with the then-current SEL credit and, if damage is discovered, (i)maintain Products at the place of requirements. examination,(ii)retain the shipping container and packing material, 2. Prices,Taxes and Payment Terms. Prices shall be the prices (iii) notify the carrier of any apparent damage in writing on in effect on the date of the SEL sales order acknowledgment, and carrier's delivery receipt and request carrier to make an inspection, are subject to change without notice. Each quotation or proposal is (iv)notify SEL within three(3) days of delivery and valid for sixty(60) days from its date, unless specified otherwise. (v)send SEL a copy of carrier's inspection report. For Products For sales to Buyers within the continental United States, prices shipped to addresses outside the continental United States,title and include ground freight prepaid to Buyer's place of business. For risk of loss or damage shall pass to Buyer at the SEL factory upon sales to Buyers outside the continental United States, prices are delivery to the freight forwarder or carrier, and Buyer shall have a exclusive of any freight, packing or insurance charges and any reasonable time after receipt of Products to inspect and reject or customs, sales, use, value-added, property or similar taxes, tariffs accept Products. In any event,acceptance shall be deemed to have or duties unless specified otherwise by SEL. For Services occurred no later than fifteen(15)days after shipment. Buyer may performed on a time and expense basis, charges shall include time not return any Product without prior written consent of SEL. and expenses incurred in the previous calendar month. For When applicable, SEL shall provide Buyer with one(1) copy of Services performed on a fixed-price basis,charges shall include the instructions for each Product. Buyer may not reproduce such price of major deliverables substantially completed in the previous instructions. Buyer may order additional copies from SEL. All calendar month. For Services, additional charges may result from instructions and related documentation shall be in English. modifications to the desired Services or from unforeseen Although SEL or its representatives may from time to time provide conditions. Payment terms for all Products and Services are net translations of such instructions and documentation as a courtesy, thirty(30) days from date of invoice. Partial shipments will be the English version shall govern in the event of, and SEL shall not invoiced and are payable as they occur in accordance with these be liable for,any discrepancies. The English versions are available Terms. All payments shall be made in United States Dollars, at selinc.com. Any information, suggestions or ideas transmitted by Buyer to SEL in connection with performance hereunder shall detailing the defect(s) within one(1) year of performance of the not be regarded as proprietary or confidential, unless identified in original Services. writing by Buyer and acknowledged in writing by SEL. 6. Limitation of Liability, Indemnity and Insurance. In no 4. Intellectual Property. Buyer shall not challenge the validity event, whether as a result of breach of contract, indemnity, of any SEL intellectual property, including without limitation any warranty, tort (including negligence), strict liability or otherwise, trademarks, service marks, trade dress, patents, copyrights, trade shall SEL be Gable to Buyer or Buyer's insurers for any loss or secrets or licenses. Buyer acknowledges that SEL intellectual damage for an amount exceeding the price of the specific Product property is the sole property of SEL. By sale of Products or or Service that gave rise to the claim, and any liability shall Services to Buyer, SEL does not transfer any SEL intellectual terminate upon the expiration of the warranty period. No claim, property rights (including without limitation rights to designs or regardless of form, arising from these Terms may be brought by other work product). Buyer shall not remove or alter any Buyer more than one(1)year from the date such claim accrues. In trademarks,service marks or trade dress that identify SEL, nor use no event, whether as a result of breach of contract, indemnity, any trademarks, service marks, trade dress or any other intellectual warranty, tort (including negligence), strict liability or otherwise, property that, in the sole discretion of SEL, is confusingly similar shall SEL be liable for any special, consequential, incidental, to those of SEL. Any software(including firmware) included with liquidated or punitive damages, including without limitation any Products is owned by SEL (or its licensors) and is licensed, not loss of profit or revenues, loss of use of Products or associated sold, to Buyer. Buyer may use such software only with Products equipment,damage to associated equipment,cost of capital,cost of and only as intended by SEL. All software shall be provided substitute products, facilities, services or replacement power, subject to the then-current SEL Software License Agreement. downtime costs or claims of Buyer's customers for such damages. 5. Product Warranty and Services Commitment. SEL If SEL or its subcontractors or suppliers provide Buyer with advice warrants to Buyer that Products are free from defects in material or other assistance, including input of customer-provided or and workmanship for ten (10) years after shipment for all SEL customer-requested settings and advice related thereto, concerning Products,including SEL-manufactured control enclosure structures any Product or any system or equipment in which any such Product and panels. This warranty is conditioned upon proper storage and may be installed, the Provision of such advice or assistance shall shall be void in its entirety if Buyer modifies Products without not subject SEL to any liability, whether as a result of breach of prior written consent to and subsequent approval of any such contract, indemnity, warranty, tort (including negligence), strict modifications by SEL or uses Products for any applications that liability or otherwise. SEL shall not be liable for any claims or require product listing or qualification not specifically included in losses resulting from any unauthorized access to Products. Buyer the SEL written quotation or proposal. If any Product fails to confirms that it has read the manuals and instructions for use of conform to this warranty, Buyer properly notifies SEL of such Products (or that it will do so) and shall not install or operate failure and Buyer returns the Product to SEL factory for diagnosis Products unless Buyer is competent to do so. Buyer shall (and pays all expenses for such return), SEL shall correct any such indemnify, defend and hold harmless SEL and all related parties failure by, at its sole discretion, either repairing any defective or from and against any claims, demands, causes of action, losses, damaged Product part(s) or making available any necessary costs and expenses, including without limitation legal fees and replacement part(s) or Product(s); freight will be prepaid by SEL other costs, arising directly or indirectly from, as a result of or in (Carriage Paid to (CPT) customer's place of business). If SEL is connection with the acts or omissions of Buyer, its officers, unable or unwilling to repair or replace, SEL and Buyer shall employees, agents or representatives, including without limitation negotiate an equitable resolution such as a prorated refund or credit (i)Buyer's modification or integration of any Product, (ii)Buyer's to the Buyer's account. Any Product repair or upgrade shall be specifications, (iii)Buyer's relay settings, which may or may not covered by this warranty for the longer of one(1)year from date of be based on relay setting examples or guides from SEL, (iv)any repair or the remainder of the original warranty period. TO THE changes made by Buyer or others related to design documents MAXIMUM EXTENT PERMITTED BY LAW, THIS produced by SEL,(v)any unauthorized use or reuse of the designs, WARRANTY SHALL BE EXCLUSIVE AND IN LIEU OF ALL drawings, plans and specifications furnished by SEL, (vi)Buyer's OTHER WARRANTIES,WHETHER STATUTORY,EXPRESS failure to fully utilize the password protection available in any OR IMPLIED (INCLUDING WARRANTIES OF Product (including without limitation Buyer's failure to use MERCHANTABILITY AND FITNESS FOR PARTICULAR passwords or to change default passwords to unique Buyer PURPOSE AND WARRANTIES ARISING FROM COURSE OF Passwords) or (vii)any breach of these Terms by Buyer. Buyer PERFORMANCE OR DEALING OR USAGE OF TRADE), shall maintain commercially reasonable insurance (including EXCEPT WARRANTY OF TTTL.E AND AGAINST PATENT waiver of subrogation) against liability and property damage, INFRINGEMENT. SEL shall, whenever possible, pass the including without limitation all standard commercial, original manufacturer warranty to Buyer for non-SEL products. environmental and, for any Products used in connection with any SEL does not warrant non-SEL products, including non-SEL nuclear facility or activity,nuclear incident insurance. control enclosure structures, and non-SEL products within SEL 7• Patent Indemnity. SEL shall defend any action brought panels, control enclosure structures and systems, and products or against Buyer based on a claim that any Product as provided by prototypes provided by SEL for testing, marketing, or loan SEL infringes any United States patent, and SEL shall pay any purposes. SEL shall perform Services in a manner consistent with award or settlement recovered against Buyer in any such action and the degree of care and skill ordinarily exercised by members of the shall reimburse Buyer for reasonable costs incurred by Buyer in the same profession currently practicing under similar circumstances. defense of any such action,provided that Buyer gives SEL prompt SEL shall reperform (or, at SEL's option, pay a third party to notice of such action, reasonable assistance in the defense thereof reperform)any defective Services(including Services performed in and full opportunity to control all aspects thereof, including conjunction with SEL systems) at no cost upon receipt of notice settlement, and does not take any position adverse to SEL in connection with such action. In the event such Product is held to in accordance with its Commercial Arbitration Rules, and constitute infringement and use of the Product is enjoined(or SEL judgment on the arbitration award may be entered in any court of foresees a substantial risk of such event), SEL shall, at its sole competent jurisdiction. Arbitration shall be held in a location discretion, exchange the Product with a non-infringing Product, agreed upon by the parties, and shall be conducted in English.The acquire the right for Buyer to continue using it, modify it so that it prevailing party to any dispute shall be entitled to recover legal becomes non-infringing or repurchase it from Buyer for a fair fees and other costs (including without limitation arbitration fees, portion of the original price. SEL shall not be liable for damages disbursements, and collection costs). that arise after SEL offers one of the foregoing remedies in good 11. Miscellaneous. These Terms, including the SEL Software faith. SEL shall not be liable for any patent infringement claim License Agreement and SEL sales order acknowledgement, arising from any custom Product, modification of any Product, constitute the entire agreement between SEL and Buyer, and integration of any Product not as intended by SEL,or integration of supersede any prior or contemporaneous verbal or written any Product with any non-SEL product, and Buyer shall fully agreements, negotiations, commitments, representations or indemnify, defend and hold harmless SEL and all related parties correspondence between the parties, including without limitation from and against any such patent infringement claim. any terns on any purchase order form. SEL rejects any 8. Transfer to End-User Other Than Buyer. Prior to resale of representation,express or implied warranty,course of performance any Product,Buyer shall obtain written authorization from SEL for or dealing, trade usage or any different or additional terms not set any such resale. To obtain such authorization,Buyer shall provide forth herein. SEL reserves the right to modify or revoke any quote SEL, initially and on an ongoing basis, with complete and accurate or order to comply with applicable laws and market conditions. end-user data for each ProduCL Buyer shall provide the end-user of Any notice pursuant to these Terms shall he deemed given when each Product with all product notices, warnings, instructions, sent by registered mail, certified mail (return receipt requested), recommendations, bulletins and similar materials provided directly overnight delivery, or fax (receipt confirmed) to an authorized or indirectly by SEL. In the event Buyer transfers to a third party officer at the address or fax number listed on the SEL sales order any Product or any right or interest therein, Buyer shall indemnify, acknowledgment or, if no such address or fax number is provided, defend and hold harmless SEL and all related parties from and at the registered headquarters of the other party. All rights and against any claims against SEL in excess of any SEL obligations duties hereunder shall be for the sole and exclusive benefit of under these Terms by such transferee or any other party. Any Buyer and SEL, and not for the benefit of any other party. SEL assignment or transfer of any Product without prior written may perform its obligations hereunder personally, or through one authorization from SEL shall void the SEL warranty. Buyer may or more of its affiliates or subsidiaries, although SEL shall not assign or transfer any Product where such assignment or nonetheless be solely responsible for the performance. No failure transfer would violate any applicable export laws, regulations or or delay by either patty in exercising any right or remedy, or orders. Buyer warrants that the shipping information is true and insisting upon strict compliance by the other party with any accurate to the best of their knowledge. The attempted assignment obligation in these Terms, shall constitute a waiver of any right or transfer by Buyer of these Terms or any rights or duties thereafter to demand exact compliance with these Terms. The hereunder without prior written consent of SEL shall not relieve invalidity, in whole or part, of any provision in these Terms shall Buyer of any obligations to SEL. not affect the remainder of such provision or any other provision 9. Contract Variations. If Buyer requires approval of drawings, and, where possible, shall be replaced by a valid provision that such approval must be received by SEL no later than ten(10) effects as close as possible the intent of the invalid provision. working days after submittal of drawings by SEL to Buyer. Neither party shall be liable for failure to perform or delay in Buyer's failure to comply with this requirement may result in performance of any obligation under these Terms(except payment additional costs and delays, which shall be Buyer's sole of amounts already due and owing) where such failure or delay responsibility. Where Buyer's specifications lack sufficient detail, results from any event beyond its reasonable control. SEL reserves the right to design Products in accordance with good commercial practice, as determined at the sole discretion of SEL. If at any time Buyer makes changes to its design specifications,the SEL sales order acknowledgment shall be subject to renegotiation of price terms and delivery to reasonably cover any resulting costs or delays. Any order may be terminated by Buyer only upon written notice and payment of reasonable termination charges, including without limitation a reasonable restocking fee plus all costs incurred up to the date of termination. Any order delayed at Buyer's request shall be subject to the prices and Terms in effect at the time of release of such delay. Any such order delayed beyond a reasonable period(as determined in SEL's sole discretion) shall be treated as a Buyer termination, and Buyer shall be responsible for reasonable delay and termination costs. 10. Governing Law and Dispute Resolution. The laws of the State of California, USA, excluding conflict of laws principles, shall govern these Terms. The parties reject any applicability of the United Nations Convention on Contracts for the International Sale of Goods. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association RECENVED RECF11�' 747ri CITY A00.111NI TRATM! FEB 01 2018 STAFF REPORT CITY CLERK'S OFFICE PUBLIC UTILITIES DEPARTMENT DATE: February 6, 2018 TO: Honorable Mayor and City Council FROM: Kelly Nguyen, General Manager of Public Utilities t-tom RE: Authorize the Issuance of a Purchase Order to Omicron Electronics Corp USA ("Omicron") for one Omicron CMC 356 Test Set Recommendation A. Find that approval of the proposed action is exempt from California Environmental Quality Act ("CEQA") review because accepting and awarding a quote 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. As to the replacement of electrical distribution transformers, the proposed action is exempt from CEQA review, in accordance with CEQA Guidelines § 15302, because the proposed project consists of the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced; and B. Approve and authorize the issuance of a Purchase Order to Omicron Electronics Corp USA for an amount not to exceed $60,772.52, including taxes and fees, for one (1) Omicron CMC 356 Test Set and Accessories. Back around Vernon Public Utilities ("VPU") Engineering Division currently does not have relay testing equipment to accurately and reliably test relay devices to validate, and implement the settings for existing and new relays. It is VPU engineers' responsibility to manage, monitor, and implement these relay devices on a regular basis. This testing equipment can also be used to simulate and analyze past electric faults allowing engineers to accurately identify causes of power system outages and transients. The analysis will be used to improve the system safety and reliability. Omicron has been known for the best and versatile relay test set by electrical engineers in the world. Page 1 of 2 Vernon currently employs over 200 microprocessor-based relays to protect substation transformers, generators, and transmission and distribution lines. The proposed test equipment will help VPU` engineers learn about the system behavior on outages and transients and enable engineers to apply more advanced protection features to these relays. The proposed test equipment is available through two authorized distributors for Omicron: HONN Co., Inc. and/or M atzi nger-Keegan, Inc. ("MKI"). In an effort to secure the most competitive price for the City, staff solicited quotes from both distributors. HONN Co, Inc. offered a price through their own channel and MKI submitted a quote on behalf of Omicron (as their sales representative) for the Omicron CMC 356 Test Set. The product as quoted directly from the manufacturer was offered at a lower price when compared to HONN's quote (see Table below). Therefore, VPU staff recommends that a Purchase Order be issued to Omicron. Ranking Authorized Vendor Cost excluding taxes Cost including taxes and fees 1 Omicron $55,500 $60,772.52 2 HONN Co., Inc. $56,015 $61,336.42 The Terms & Conditions for the proposed Purchase Order would vary slightly from the City's standard terms as Omicron has requested the inclusion of their General Sales Conditions and General Software License Terms (see Attachments). The City Attorney's Office has reviewed and approved the additional Terms & Conditions as to form. Fiscal Impact The not to exceed amount of$60,772.52 for one (1) test equipment set, which includes taxes and fees, has been included in the Public Utilities Department budget for fiscal year 2017-2018 and will be charged to account 055.9100.900000. Attachments 1. Omicron Quote No. SQ17-2378U 2. Additional Proposed Terms & Conditions for Purchase Order Page 2 of 2 Quotation No. SQ18-0117U 2018-01-17 OMICRON O M I C R O N electronics Cap USA 3550 Willowbend Blvd Houston,TX 77054 USA Tel +1600OMICRON +1 713 830A660 Fax +1 713 930-4661 Inlo u&s@om xona" W com www ommaane wW cam Address: B80226 End User: B80226 Vernon Gas & Electric Vernon Gas & Electric 4305 Santa Fe Avenue 4305 Santa Fe Avenue Vernon, CA 90058 Vernon, CA 90058 USA USA Viet Nguyen For: Viet Nguyen Reference: replace expired quotation E-mail: VNguyen@ci.vemon.ca.us Phone no.: +1 323 583 8811 397 Mobile phone no.: +1 323 855 1916 Fax no.: Dear Mr. Nguyen, Thank you for your interest in our equipment. Attached, you will find the quotation you requested. If you have further questions, please contact your Sales Representative or the responsible OMICRON Area Sales Manager listed below. With best regards, Sheila Lutz Sales Support Your Sales Representative: Matt Daniels(Matzinger-Keegan Inc.) phone: +1 714 323 4697, e-mail: matt@mkireps_com Your Area Sales Manager: Ed Schwarz(OMICRON) phone: +1 713 212 6171, e-mail: ed.schwarz@omicronenergy.com Please send your purchase order to sales.usaO-omicronenergy.com to ensure fastest processing. *Please notice our new web and email domain for OMICRON* Quotation No. SQ18-0117U 2018-01-17 OMICRON Item Article-No. 4ty Description Price/Unit Total price USD 10 VE002803 1.00 CIVIC 356 Advanced Protection Package V 3.x 53,800.00 53,800.00 Consisting of - CIVIC 356 test unit including manual, carry bag, power lead, Ethernet patch cable, USB connection cable, 12 leads with 4 mm safety plugs, 12 flexible terminal adapters, 4 flexible jumpers for paralleling current triple A and B -Advanced Protection Package Software 30 VEHZ0094 1.00 Wireless USB Adapter—Linksys AE3000 Included Included with For wireless control of your test set. Works with: CIVIC purchase -ARCO 400 -CIVIC test sets with NET-2 and TU 3.201 CMControl P/R App 2.60 or higher -CMS 356 Standards: 802.11 a/b/g/n Dimensions: 15.3 x 28.9 x 82.8 mm (HxWxD) Disclaimer: Wi-Fi connection quality, performance and stability is subject to different factors, such as location or surrounding infrastructure(for example, metal or glass walls, etc.), the operating system used on your PC/tablet and/or Wi-Fi chipsets involved in the communication. Even though we carefully designed, implemented and tested our Wi-Fi support, OMICRON does not guarantee an accurate communication via Wi-Fi. You may experience communication dropouts, instability of the connection and, under certain circumstances, the inability to establish a connection to the device via Wi-Fi. 40 VEHKO103 1.00 Generator combination cable 170.00 170.00 1 st end: plug 8-pole 2nd end: 4 mm safety plug (yellow, green, violet, blue) 8 x 2.5 mm2, 3 m length 50 VEHZ0060 100 CIVIC Wiring Accessory Package 390.00 390.00 60 VEHP0021 100 Heavy-duty transport case with wheels for CIVIC 1,040.00 1,040.00 356, CIVIC 256plus with or without CMControl-6, CMA or CMS units nnneirvntu eie-.... .�r..., i Ica ice., 1r InISt Quotation No. SQ18-0117U 2018-01-17 1110 OMICRON 70 VETR0001 1.00 Shipping & Handling via Federal Express Flat 100.00 100.00 Rate Subtotal in USD 55,500.00 Tax (estimated) 5,272.52 Total in USD 60,772.52 Prices quoted are exclusive of any and all applicable taxes and custom duties. NOT FOR RESALE. Prices do not include US Sales Tax. All sales with shipping destination inside the US are subject to sales tax, unless a valid tax exemption certificate or direct pay certificate is provided with the purchase order. Conditions: Payment condition: 30 days net (prices already include a 3%cash discount) Finance charge of 1%per month will be applied to all overdue invoices Shipment condition: FOB Expiry Date_ 2018-04-16 Delivery: 3-5 weeks from receipt of complete and valid order Warranty: Two years from date of delivery of new units. Software: OMICRON does not charge an annual software licensing fee. All quotations,orders,shipments and sales to or by OMICRON are subject to the General Sales Conditions published by OMICRON on its website at htb)s.ilwww.omic►or,energy_r-omlenlleuaJlt,ermsl,as revised and in force on the date of acceptance of the applicable order. All software products included in this quotation are offered on the basis of the respective OMICRON license terms, which are available at httas!llwww.omicronenerdv,comienlieeallsoftwareticanseterrnsr. rMn9Airrorvui-1-4--r.,.,, iice ice., in 9nin OMICRON General Sales Conditions of OMICRON electronics Corp. USA 3550 Willowbend Blvd, Houston TX 77054 (hereinafter referred to as"OMICRON") 1. General Provisions The following General Sales Conditions shall apply to all agreements, offers and deliveries entered into or made by OMICRON, and to any technical support services provided in respect to its products. To the extent such agreements, offers and deliveries relate to OMICRON providing testing services, training services or training meetings to or for a customer,OMICRON's Special Terms for Commissioning as well as Testing and Consulting Services USA and the Special Terms for Training Courses, Webinars and Conferences USA shall also apply to such services and meetings. No document containing terms which conflict with these General Sales Conditions, or which are otherwise inconsistent with these General Sales Conditions, shall be contractually binding on OMICRON unless such conflicting or inconsistent document is executed by an authorized representative of OMICRON. 2. Offers No communication made on behalf of OMICRON shall constitute a binding offer or contract unless that communication is in writing and executed by an authorized representative of OMICRON. All prices are based on delivery FOB or CIP shipping point or origin, as specified in the applicable written quotation or other signed writing from OMICRON, and shall exclude any other costs or service charges, which excluded costs or charges shall include, without limitation, costs or charges for freight, packaging, brokerage fees, duties, taxes or insurance. Should any such costs, charges, taxes or other levies be incurred in connection with the delivery of any products or services, such costs, charges,taxes or other levies shall be borne by the customer. 3. Delivery OMICRON shall use commercially reasonable efforts to meet any estimated or projected delivery date but no delivery date is guaranteed or warranted. Delivery shall be EXW (Houston) unless another shipping term has been designated by OMICRON in the applicable written quotation or other signed writing from OMICRON,and the shipment of products from and after such place and time of delivery shall be made at the expense and risk of the customer. OMICRON reserves the right to quote additional charges for any special routing, packing, labeling, handling or insurance requested by the customer. 4. Security Interest To the extent permitted under applicable law, each customer purchasing a product from OMICRON hereby grants OMICRON a purchase money security interest in, and a purchase money lien encumbering,such product,and that customer hereby authorizes OMICRON to file a financing statement for such security interest. 5. Warranty/Damages 5.1 OMICRON makes no product warranty except as provided below in this paragraph 5 or as required by the law of any pertinent jurisdiction. TO THE EXTENT THE LIMITATION OF LIABILITY IS PERMISSIBLE BY THE LAW OF THE PERTINENT JURISDICTION, THE OVERALL LIABILITY OF OMICRON FOR ANY DAMAGES SHALL UNDER NO CIRCUMSTANCES EXCEED A TOTAL OF USD 3 MILLION (THREE MILLION US DOLLARS) PER EVENT CAUSING THE DAMAGE. THIS LIMITATION OF LIABILITY SHALL APPLY IRRESPECTIVE OF WHETHER OMICRON WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND EXTENDS TO ANY ACTUAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATED IN ANY WAY (1) TO OMICRON'S PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION TECHNICAL SUPPORT SERVICES PROVIDED IN RESPECT TO ITS PRODUCTS, OR (11) TO ANY AGREEMENTS, OFFERS OR DELIVERIES ENTERED INTO OR MADE BY OMICRON. OMICRON shall not be liable for the acts or omissions of any third parties for any reason. OMICRON only warrants as follows: General Sales Conditions V1.3 February 2014 Page 1 (a)Under normal use and service of OMICRON's products, OMICRON warrants that: (i) any software which is part of the products will perform substantially in accordance with the accompanying product manual(s) for a period of 24 months from the date the customer receives such products (the"Receipt Date"); (ii) any hardware (other than hardware modules) which is part of the products will be free from defects in materials and workmanship under normal use and service for a period of 24 months from the Receipt Date;and(iii)any hardware modules which are part of the products will be free from defects in materials and workmanship under normal use and service for a period of one hundred eight-three (183) days from the Receipt Date. (b)OMICRON's entire obligation under its warranty,and the customer's exclusive remedy shall be, at OMICRON's option, either(i) return of the price paid or (ii) repair or replacement of the products which do not meet the warranty contained in the immediately preceding paragraph 5.1(a), but only if such defective product and a copy of the invoice from the customer for such defective product are first returned to OMICRON. OMICRON DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED (BY STATUTE, TRADE USAGE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,WITH RESPECT TO ITS PRODUCTS, TECHNICAL SUPPORT SERVICES PROVIDED IN RESPECT TO ITS PRODUCTS, THE ACCOMPANYING PRODUCT MANUALS (IF ANY) AND OTHER WRITTEN MATERIALS (IF ANY). To the greatest extent permitted by applicable law, the limitations and exclusions set forth in this paragraph 5 will apply regardless of whether liability arises from breach of contract,warranty,tort(including without limitation,negligence), by operation of law, or otherwise. 5.2 The foregoing warranty does not include (i) parts which are subject to normal wear and tear, (ii)expendable items, or(iii)the replacement of any such parts or items_ 5.3 The foregoing warranty shall immediately lapse,and shall exclude all related claims for warranty, if the customer or any third party(i)modifies,repairs or maintains the delivered products other than as authorized in writing by OMICRON, (ii) modifies the technical specifications of the delivered products, (iii)otherwise alters or intervenes in the intended design of the delivered products, (iv) uses unsuitable data media, or (v) if notice of the defect is not given immediately by the customer to OMICRON. Also excluded from warranty is any product which has been subject to misuse, negligence, accident, inappropriate environment, or lack of normal maintenance or has been operated in any way other than its intended use. 6. Coevriahts The intellectual property rights in all products, software, devices and services, and in all related copyrights, patent rights, trademark rights or proprietary rights, shall be and remain OMICRON's sole and exclusive property 7. Software Licenses 7.1 OMICRON shall grant to the customer a non-exclusive and non-transferable right to use any software product for which the customer acquires a license from OMICRON. Software licensed from OMICRON in conjunction with other products or devices is limited to and may only be used with the product or device to which such software relates. 7.2 The customer shall not assign,transfer,pledge or lease any licensing right granted to the customer by OMICRON or otherwise pass it on, share, give, devise or bequeath it to a third party. 7.3 With the exception of a backup copy,any duplication of any software,the documentation or any part thereof shall require the prior written consent of OMICRON. 7.4 The customer may not modify, transmit (either electronically or by any other means), translate, disassemble, decompile or otherwise modify any products, devices or software by reverse engineering unless OMICRON has given its prior written consent. 8. Reoair If a product or device is being sent to OMICRON for repair, all work must be performed in the plants or certified repair centers of OMICRON, and the customer shall be obligated to deliver such product or device to such plant or repair center at the customer's own risk and expense,together with a repair order. Upon completion of the repair service,OMICRON shall deliver the device CIP or FOB to the location from which the customer shipped it, all as determined by OMICRON in its sole, absolute and uncontrolled discretion.OMICRON shall pay transportation costs related to such return delivery, but shall not assume any liability for any loss of or damage to goods in transit. General Sales Conditions V1 3 February 2014 Page 2 9. Payment Terms and Delay in Payment 9.1 Within 30 days following receipt of an invoice,the customer shall pay such invoice in full,with such payment being made in immediately available funds in U.S.currency or such other currency as may be specified by OMICRON in the applicable quotation or other signed writing from OMICRON, and delivered to the bank account determined by OMICRON. 9.2 Should the customer default in timely payment, the customer shall compensate OMICRON for all expenses incurred by OMICRON in respect to such default, plus interest thereon at a rate equal to the lesser of one percent per month or the maximum non-usurious rate of interest permitted by applicable law. 10. Force Maieure. Neither party shall be liable to the other party for any loss and damage in circumstances where the obligations under this Agreement cannot be performed, are delayed or hindered due to factors beyond the commercially reasonable control of the defaulting party (including, but not limited to, war, invasion, act of foreign enemy, hostilities, whether war be declared or not, civil war or strife, rebellion, strikes, lockout or other industrial dispute or actions, Acts of God, acts of government or other prevailing authorities or defaults of third parties). If the factors prevent the Agreement being fulfilled for a period of six months, then the non-defaulting party may terminate this Agreement by notice in writing and both parties agree to negotiate in good faith an equitable settlement. 11. Confidentiality The customer and OMICRON shall each keep strictly confidential all information received from the other in connection with their business relationship and their transaction, and neither the customer nor OMICRON shall disclose such information to any third party except as required by law; provided, however, OMICRON shall be entitled to use customer's data for any marketing purposes, e.g.,providing customer references. 12. Final Provisions 12.1 Any document signed by an authorized representative of OMICRON, these General Sales Conditions and any Special Terms for Services shall constitute the entire agreement between the customer and OMICRON and may be amended or modified only with the mutual written consent of the customer and OMICRON. 12.2 In order to avoid misunderstandings, any changes of and amendments to these General Sales Conditions and any Special Terms for Services or other related agreements must be made in writing in order to be effective. Any waiver of any provisions of these General Sales Conditions and any Special Terms for Services or other related agreements, including any waiver of any rights or remedies of the parties thereunder, must be in writing to be effective. Any failure, neglect, or delay by a patty to at any time enforce any such provisions, rights or remedies (i)will not be construed and will not be deemed to be a waiver of such party's rights,(ii)will not in any way affect the validity of all or any part of these General Sales Conditions and any Special Terms for Services or other related agreements, and (iii) will not prejudice such Parry's right to take subsequent actions to enforce such provisions, rights or remedies. 12.3 Should one or more provisions of these General Sales Conditions and any Special Terms for Services or other related agreements or amendments, be determined to be illegal, invalid, or unenforceable, in whole or in part,then any such illegal, invalid or unenforceable provision(i) shall not affect the legality, validity or enforceability of the remaining provisions of these General Sales Conditions and any Special Terrns for Services or other related agreements, and (ii) shall be replaced with a legal, valid and enforceable provision which is as similar as possible to the terms and intended economic purpose of the original provision. 12.4 All relationships between OMICRON and the customer shall be exclusively governed by the laws of the State of Texas(without regard to choice of law principles thereunder). 12.5 Both OMICRON and the customer shall make commercially reasonable efforts to settle out of court all Disputes by mediation Should the parties fail to reach an agreement within a period of four weeks, any Dispute shall, at OMICRON's option, be finally settled by a court of competent jurisdiction in Houston, Texas or by final and binding arbitration conducted before an arbitral tribunal pursuant to the arbitration and conciliation rules of the International Chamber of Commerce by one or several arbitrators appointed in accordance with such rules.The place of arbitration shall be Houston, Texas. The language of the arbitration proceedings shall be English. The arbitral tribunal shall apply the law as specified in paragraph 12.4 above. The four-week period shall commence upon receipt of a contracting parry's written request to settle a Dispute. For purposes of this paragraph 12.5, "Dispute" means any dispute arising from (i) the agreements, offers and deliveries by OMICRON or customer or(ii) any breach, annulment or invalidity of any provision of an agreement or offer. General Sales Conditions V1.3 February 2014 Page 3 12.6 The customer hereby consents that any data related to these General Sales Conditions or any Special Terms for Services may be stored on an Electronic Data Processing device by OMICRON and may be transmitted to other affiliates or business divisions of OMICRON as needed (i) to provide the contractual services or products, (ii) to handle the customer's affairs or (iii) for any business activities performed by OMICRON. General Sales Conditions V1 3 February 2014 Page 4 OMICRON General Software License Terms of OMICRON electronics GmbH 6833 Klaus, Austria (hereinafter also "Licensor") 1. General Provisions The following Software License Terms shall be applicable to any and all agreements, offers and deliveries entered into or made by Licensor, Licensor's affiliated companies or Licensor's authorized sales partners (see http.Jlwww.omicronienergy.comlen+contacVaddressew in regard to software products and apply in addition to the General Terms and Conditions. In case of conflict with provisions in the General Terms and Conditions,the provisions stated herein shall prevail. 2. Definitions "Authorized Use" — use of the Program in object code form and solely for the business purposes of Licensee. "Program"—includes the original and all whole or partial copies of: 1)machine-readable instructions and data, 2) components, files, and modules, 3) audio-visual content (such as images, text, recordings, or pictures), and 4) related licensed materials(such as keys and documentation). "Warranty Period"—unless otherwise specified in the quotation or other accompanying documentation OMICRON's warranty period is 90 days,starting on the date the original Licensee is granted the license. If an original physical data storage medium is distributed the period starts on the day of delivery of this medium. "Licensing Model"—OMICRON employs the following three licensing models: 1) Unless specified otherwise in the quotation or other accompanying documentation, OMICRON grants the right to use the Program on any device (computer, laptop, etc.) owned or leased by Licensee(Company License). 2) Where the quotation or other accompanying documentation expressly provides for a certain number of users or states"single user", the Program is only licensed for this number of users and may not be used by a number of users exceeding this maximum number at the same time (Single User License). 3) Where the quotation or other accompanying documentation expressly provides for free unlimited use, OMICRON grants the right to use the Program on any device(computer, laptop, etc.)independent from its ownership(Freeware License). Where the Program also requires prior identification of the users working with the Program(e.g. through log-in authentication),the Program may only be used by these identified users. 3. License Grant 3.1 The Program is copyrighted and licensed, not sold. Licensor grants Licensee the nonexclusive, geographically unlimited and — unless otherwise specified in the quotation or other accompanying documentation—perpetual license to 1) use the accompanying user documentation, 2) install and use the Program on the Licensee's devices according to the applicable License General Software License Terms V.1.3 March 2017 Page 1 Model and within the limits of the Authorized Use, and 3) make back-up copies in machine-readable, object code form only, all provided that a) Licensee has lawfully obtained the Program and complies with these License Terms; b) Licensee reproduces all copyright notices and other legends of ownership on each copy,or partial copy,of the Program; c) Licensee ensures that anyone who uses the Program(accessed either locally or remotely) 1)does so only on Licensee's behalf and 2)complies with these License Terms; d) Licensee does not 1) use, copy, modify, or distribute the Program except as expressly permitted in the License Terms;2)reverse assemble, reverse compile,otherwise translate, or reverse engineer the Program, except as expressly permitted by law without the possibility of contractual waiver;or 3)use any of the Program's components,files, modules, audio-visual content, or related licensed materials separately from that Program except where datable export is provided for by the Program. 3.2 If Licensee wishes to use the Program in a way not covered by the Authorized Use or not in accordance with the applicable License Model, Licensee must obtain prior written approval by Licensor, which may be dependable on Licensee's acceptance of additional charges. 3.3 Special requirement for OMICRON Test UnAverse f PTIVI Advanced Software I Bgde Analyzer Suite 1 SPECTANO Analyzer Suite: These software products are exclusively designed for carrying out or analysing tests or measurements with OMICRON devices. Licensee is only authorized to use these Programs if such use is in direct connection with the use of an OMICRON test or measuring device. Using the Program without such direct connection is only permitted where such use is required in order to: 1) prepare tests or measurements that will be carried out later with an OMICRON test or measuring device,or 2) analyse measuring results of completed tests or measurements that were carried out with an OMICRON test or measuring device. This requirement does not apply to TransView,which may be used for analysis of any COMTRADE files independent of their source. 4. Transfer of the Program Licensee shall not sell, sublicense or rent the Program without prior approval of Licensor. Such approval will usually be granted unless in exceptional circumstances (e.g. regarding past or potential copyright infringements). In case of such authorized transfer of the Program to a third party, Licensee agrees to(i) give up all rights regarding the Program to the extent these are transferred to the third party, (ii) discontinue use of the Program and(iii)make sure that the third party agrees to be bound by and adheres to these License Terms. 5. Trade-ups, Updates. Fixes and Patches When Licensee receives an update, fix, or patch to a Program, Licensee shall accept any additional or different terms that are applicable to such update, fix, or patch. If no additional or different terms are provided,then the update,fix, or patch is subject solely to these License Terms. If a Program,which has been provided under the single user license model, is replaced by a trade-up or update, Licensee agrees to promptly discontinue use of the replaced Program. 6. Termination of License.Return of Program 6.1 In case of a grave violation of the License Terms by Licensee(including but not limited to a breach of any of the restrictions set out in section 3. above), Licensor shall be entitled to request immediate termination of the software license resulting in an immediate discontinue of use and return of the Program (and its copies) by Licensee, In such case, already paid license fees are non-refundable. 6.2 Where Licensor has licensed the Program for a fixed term,the software license ends automatically and Licensee must immediately return and/or delete the Program and all copies unless the parties agree to renew in writing. 7. Font Software, Oren Source Components The Program contains font software licensed from third parties. Such font software shall only be used with the Program and the font software may not be converted into a different format. The font software may not be altered or modified in any manner which results in the font software having different or General Software License Terms V.1.3 March 2017 Page 2 enhanced functionality than when it was delivered as a part of the Program.The font software may not be embedded in any format or copied or otherwise processed in any manner which results in or is designed to result in gaining access to the source code of the font software. Licensor is itself only a licensee of this font software,which means that the font software is supplied without any warranty that the font software is free of all bugs,errors and omissions. The Program may also contain software components which are governed by an open source license. For more detailed information on the open source components included in each Program, visit the OMICRON Open Source Center, available at htto:ircoensource.omicronenergy.corx►f. With placing the order or otherwise concluding an agreement for use of the Program, Licensee accepts the use of open source components as specified in the OMICRON Open Source Center. 8. Charges The license fee is set out in the individual offer Licensor does not give credits or refunds for license fees unless explicitly agreed on in writing. 9. Warranty, Liability 9.1 Licensor warrants for the Warranty Period that the Program, when used in its specified operating environment, will perform according to its specifications. The Program's specifications and specified operating environment information are set out in the documentation accompanying the Program. Licensee agrees that such documentation and other Program content is supplied only in English. 9.2 The warranty applies only to unmodified parts of the Program. 9.3 Licensor does not warrant uninterrupted or error-free operation of the Program,fitness for a particular purpose, merchantability or that Licensor will correct minor Program defects which do not materially hamper the functioning of the software product. Licensee is solely responsible for the results obtained from the use of the Program. 9 4 For the purpose of identifying the cause of a problem with the Program, Licensor may request that Licensee 1) allow Licensor to remotely access Licensee's system or 2) send Licensee information or system data to Licensor. Refusal to provide such information in either form shall be deemed a waiver of Licensee's warranty claims. 9.5 Licensee's warranty remedies are limited to repair or substitution, at the choice of Licensor. Only where a problem or error that occurs during the Warranty Period cannot be resolved with Licensor's technical support or replacement and Licensor does not offer a technically and economically reasonable work-around solution, is Licensee entitled to price reduction or rescission. 9.6 Except in cases of gross negligence or willful misconduct, Licensor's entire liability for all claims in the aggregate arising in relation to the Program and the corresponding agreement(s) is capped at the amount of the license fee Licensee paid for the concerned Program. Under no circumstances, even if informed of their possibility, is Licensor or its suppliers liable for loss of or damage to data, indirect damages, consequential damages, loss of profits, business, revenue, goodwill, or anticipated savings. Neither Licensee nor Licensor is responsible for failure to fulfill any obligations due to causes beyond its control. 10. Licensee Data and Databases 10.1 Licensor uses information about errors and problems to improve its products and services and assist with its provision of related support offerings. 10.2. Licensee remains responsible for 1) any data and the content of any database Licensee makes available to Licensor, 2)the selection and implementation of procedures and controls regarding access, security, encryption, use and transmission of data (including any personally-identifiable data), and 3) back-up and recovery of any database and any stored data. Licensee will not send or provide Licensor access to any personally-identifiable information,whether in data or any other form, and will reimburse Licensor for all costs, penalties or other damages (including third party claims) that Licensor may incur relating to any such information mistakenly provided to Licensor or the loss or disclosure of such information by Licensor 11. Final Provisions 11.1 No supplementary agreements have been made. All modifications must be made in writing. 11.2 If any provision of these License Terms is held to be invalid or unenforceable, the remaining provisions of the License Terms remain in full force and effect. General Software License Terms V 1 3 March 2017 Page 3 11.3 Unless otherwise agreed between the parties in writing, Licensee agrees to pay any and all duty, tax, levy,or fee imposed on the Program or its import or export as well as any and all personal property taxes for the Program from the date that Licensee has obtained it. 11.4 All matters arising out or in relation to these License Terms are governed by Austrian law(excluding the UN Sales Convention) and shall, at Licensor's option, be finally settled by the courts competent for A-6800 Feldkirch/Austria or by an arbitral tribunal located in Vienna on the basis of the Rules of Arbitration and Conciliation of the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna(Vienna Rules)and in English language. General Software License Terms V 1.3 March 2017 Page 4 \ Q®1 IV ♦ay RECEIVED ,BAN 16 2018 5 JAN 18 2018 F CITY ADMINISTRATION CITY CLERK'S OFFICE STAFF REPORT PUBLIC WORKS DEPARTMENT DATE: January 3,2017 TO: Honorable Mayor and City Council r FROM: Daniel Wall,Director of Public Work Originator:Wendy Herrera,Permit Technician RE: MONTHLY BUILDING DEPARTMENT REPORT Enclosed herewith is the Monthly Building Report for the month of December 2017.Thank you. City of Vernon Building Department Monthly Report from 12/1/2017 to 12/31/2017 Type Value #of Permits Commercial- Remodel $40,000.00 1 Electrical $978,500.00 16 Industrial-Addition $15,000.00 1 Industrial - Remodel $682,865.00 9 Mechanical $430,000.00 7 Miscellaneous $716,450.00 19 Plumbing $542,800.00 10 Roof $614,425.00 5 December 2017 TOTALS PERMITS: $4,020,040.00 68 PREVIOUS MONTHS TOTAL $105,666,943.63 559 YEAR TO DATE TOTAL $109,686,983.63 627 December 2016 TOTALS PERMITS: $ 1,305,550.00 36 PREVIOUS MONTHS TOTAL $ 120,681,884.01 662 PRIOR YEAR TO DATE TOTAL $ 121,987,434.01 698 Daniel Wall Director of Public Works Mz'�t City of Vernon Building Department ' Major Projects from 12/1/2017 to 12/31/2017 Valuations>20,000 Permit No. Project Address Tenant Description Job Value Commercial -Remodel B-2017-2215 2550 ALAMEDA ST Burgerim Commercial remodel 40000 APN 1 Record(s) $40,000.00 Electrical B-2017-2228 2900 AYERS AVE Modify existing dry storage into 312000 APN 6304001020 refrigerated storage B-2017-2038 5251 SANTA FE AVE new 400 amp 222I480v 25000 APN 6308016041 B-2017-1837 3200 SLAUSON AVE Warehouse LTG installation. 100000 APN 6310027023 Factory LTG installation. B-2017-2172 2126 52ND ST Install solar system on roof 480 v. 450000 APN 6308016022 250Kw solar system. B-2017-2363 2110 37TH ST TI at existing warehouse.Two new 25000 APN 6302013044 electrical panels, lighting and electrical outlets. 5 Record(s) $912,000.00 Industrial -Remodel B-2017-2314 2200 27TH ST New cooler installation in existing 300000 APN 6302007026 building. B-2017-2355 2110 37TH ST Tll for(e)warehouse and office 80000 APN 6302013044 B-2017-2249 5370 BOYLE AVE Interior remodel including exterior 225000 APN 6310008012 ramps and new truck door exterior openings. B-2017-2124 4909 ALCOA AVE Taycal Modular room. Enclosure for printer. 38865 APN 6303025023 4 Record(s) $643,865.00 Mechanical B-2017-2157 4380 AYERS AVE Romeo Power Water cooled chiller egipment and 90000 APN 6304001018 distribution installation. (separate building permit for anchorage B- 2017-2156) B-2017-2356 4415 BANDINI BLVD Process piping for beverage plant 135000 APN 5243018013 B-2017-2328 1862 27TH ST Installation of CNG station piping 140000 APN 6302009028 B-2017-2345 4700 ALCOA AVE Back up refrigeration system 28000 APN 6303019011 installation for existing cooler 4 Record(s) $393,000.00 Miscellaneous B-2017-2304 2200 27TH ST Installation of storage racks 95000 APN 6302007026 B-2017-2405 2825 54TH ST Re-enforcement of roof structure 48000 APN 6310009010 B-2017-2344 4415 BANDINI BLVD Install pail washer hood 29500 APN 5243018013 B-2017-2171 2126 52ND ST Install solar system on roof 480V. 150000 APN 6308016022 250Kw solar system. B-2015-0495 2030 ROSS ST Grading Misc.- Replace asphalt. 200000 APN 6302011016 B-2016-1077 2468 26TH ST Remove asphalt pour concrete& 30000 APN 6302004012 rebar in yard B-2017-2235 6140 MALBURG WAY Storage rack system --- See fire 25000 APN 6310027052 permit F-2017-0833 for high pile storage permit B-2017-2156 4380 AYERS AVE Romeo Power Anchorage and placing/installation 40000 APN 6304001018 of chiller system outside of building. (separate mechanical permit for installation B-2017-2157) 8 Record(s) $61 7,500.00 Plumbing B-2017-1963 2651 45TH ST CRL-US Aluminum To provide gas piping in warehouse 175000 APN 6308005021 area for unit heaters. Provide new plumbing for restrooms/break room area. Provide roof drains,water lines and sewer for building. B-2017-1959 2716 VERNON AVE To provide gas piping in warehouse 224000 APN 6308005018 area for unit heaters provide new plumbing for restrooms/break room area. Provide roof drains,water lines and sewer lines for building. B-2017-2398 4401 DOWNEY RD Installation of clarifier 35000 APN 6303017022 B-2017-2149 2716 VERNON AVE Storm drain LID piping 25000 APN 6308005018 B-2017-2150 2651 45TH ST Storm drain piping LID 25000 APN 6308005021 F/W B-2017-1923 5 Record(s) $484,000.00 Roof B-2017-2375 3390 SLAUSON AVE Re-roofing and smokevents. 120000 APN 6310027048 B-2017-2377 5990 MALBURG WAY Reroof and smokevents. 120000 APN 6310027049 B-2017-2381 3007 FRUITLAND AVE Remove existing roof materials, 65000 APN 6303029009 apply 2 layers of 2.6"roof insulation, apply 2 ply built up roofing (cap sheet)&white roof coating B-2017-2175 2241 49TH ST Re roofing 261425 APN 6308015044 B-2017-2416 4305 SANTA FE AVE Application of 1 layer emulsion with 48000 APN 6302017901 polyester fabric embedded. 1 layer elasytahyde coating and 2nd layer elasthahyde coating. 5 Record(s) $614,425.00 32 Permit(s) Total $3,704,790.00 Daniat Wall Director of Public Works 3 City of Vernon Building Department ,w New Buildings Report-December 2017 None Daniel Wall Director Public Works City of Vernon Building Department Demolition Report-December 2017 None Daniel Wall Director of Public Works City of Vernon Building Department ' Status of Certificates of Occupancy Requests 5 ° Month of December 2017 Request for Inspection 30 Approved 4 Pending 379 Temporary Occupancies 22 aniel Wall Director of Public Works City of Vernon Certificate of Occupancy Applications Date From 12/1/2017 to 12/31/2017 Issued Permit No. Project Address Tenant Description Fees Paid Square Feet C-2017-0851 2341 49TH ST ERKT Co. Warehouse/office 885.00 1800 APN 6308015044 C-2017-0852 2021 38TH ST Roch Armando Receiving fabrics, 38500 2900 APN 6302012010 cutting and sewing based on designs, marketing for catalog C-2017-0853 5190 SANTA FE AVE Sally K Group Inc. dba Love Warehouse general 1,046.00 55250 APN 6309001001 it merchandise C-2017-0854 3121 FRUITLAND AVE Road King Diesel Inc Truck repair 88500 9000 APN 6303028003 C-2017-0855 2657 VERNON AVE MHX, LLC Warehouse steel 885.00 46020 APN 6302020041 coil, beams C-2017-0856 2080 25TH ST G.S.A Production Corp Garment cutting 885.00 10000 APN 6302009019 service C-2017-0857 2115 ANDERSON ST G.Ahn Island, Inc. Warehousing of 385.00 3000 APN 6308019030 garments C-2017-0858 4461 SANTA FIE AVE G &S Off Price Inc Storage of clothing 885.00 33000 APN 6308012016 C-2017-0860 2757 LEONIS BLVD Malibu Industries Inc. DBA office and fabric 385.00 2700 APN 6308002012 Malibu Threads storage C-2017-0862 3121 FRUITLAND AVE Red Diesel Machine Shop 385.00 3600 APN 6303028003 C-2017-0863 2341 49TH ST ERKT Co Garment and 385.00 1800 APN 6308015044 warehouse C-2017-0864 2341 49TH ST SIIL Inc. Garment sampling 385.00 1873 APN 6308015044 and warehouse C-2017-0865 2341 49TH ST SoftMax Inc. Garment sampling 385.00 2020 APN 6308015044 and warehouse C-2017-0866 2833 LEONIS BLVD. American Fabric, Inc Office use 38500 750 APN 6303022004 C-2017-0867 2947 44TH ST EG Fashion Inc Office use 385.00 500 APN 6303013049 C-2017-0868 2303 55TH ST MI Logix, Inc Warehouse and 885.00 36000 APN 6308016028 shipping C-2017-0869 6270 BOYLE AVE Performance Finishing CTR, Garment finishing 1,046.00 85912 APN 6310027022 LLC Issued Permit No. Project Address Tenant Description Fees Paid Square Feet C-2017-0870 3030 VERNON AVE Livings Inc. Office use- retail 385.00 50 APN 6308001040 sales C-2017-0871 6270 BOYLE AVE Performance Finishing CTR, Finishing garments 0.00 90000 APN 6310027022 LLC C-2017-0872 2231 49TH ST Tobs Handbag Inc Storage 885.00 36293 APN 6308015044 C-2017-0873 3155 LEONIS BLVD Shosho Fashion Warehouse general 885.00 21420 APN 6303020009 merchandise C-2017-0874 2550 ALAMEDA Milberg Inc. dba Burgerim Fast food restaurant 385.00 1800 APN 6302009043 C-2017-0875 4801 PACIFIC BLVD Final Touch Apparel, Inc Garment 885.00 15990 APN 6308009025 manufacturing C-2017-0876 3305 VERNON AVE Prime Foods Group Office Room 385.00 75 APN 6303006071 C-2017-0877 5500 BOYLE AVE Paper Source Converting & Warehouse 885.00 40000 APN 6310007008 Mfg C-2017-0878 3305 VERNON AVE Best Deal Brokerage, LLC Wholesale produce 385.00 2268 APN 6303006071 dba Best Produce C-2017-0879 3130 LEONIS BLVD Azul Clothing, Inc Office Use 385.00 784 APN 6303025009 C-2017-0880 4480 PACIFIC BLVD You Want A Deal Inc. Warehouse general 385.00 2650 APN 6308005012 merchandise C-2017-0859 2101 37TH ST Many Many, Inc. Manufacturing of 885.00 5400 APN 6302010008 garments/cutting C-2017-0861 4490 AYERS AVE Loot Crate Inc. Warehousing of 0.00 94769 APN 6304001023 general merchandise 30 Record(s) Total for Certificate of Occupancy: 17,602.00 607,624.00 30 Permits(s) Total Fees Paid 17,602.00 City of Vernon Certificate of Occupancy Issued Date From 12l112017 to 12/31/2017 Issued Permit No. Project Address Tenant Description Fees Paid Square Feet 1 211 212 01 C-2016-0528 2516 49TH ST New Milani Group, Inc. dbaOfFice 689.00 15000 APN 6308010037 Milani usetwarehousing of cosmetics 1 211 212 01 C-2017-0626 4523 50TH ST Color Rin Inc. Garment laundry 68900 15900 APN 6304017011 12/12/201 C-2017-0810 2050 37TH ST Spirit Clothing, Co Dba Manufacturing of 385.00 4900 APN 6302012005 Spirit Activewear garments/cutting 12/12/201 C-2017-0825 2833 LEONIS BLVD. Fashion Scent Inc, Dba Office use 385.00 245 APN 6303022004 Olive Scent Total for Certificate of Occupancy: 2,148.00 36,045.00 4 Permits(s) Total Fees Paid 2.148.00 y FEB 0 - JA4 2 3 2018 GITY GtE�K'S 0'. ;1 1 Y 1x Odd IS I RATIO STAFF REPORT PUBLIC WORKS DEPARTMENT Cf Consent DATE: February 6,2018 TO: Honorable Mayor and City Council FROM: Daniel Wall, Director of Public Works Department Originator: Lissette Melendez, Associate Engincefk RE: Acceptance of Electrical Easement at 4415 Bandini Boulevard (APN 5243-019-021) Recommendation A. Find that the acceptance of the Electrical Easement proposed in this staff report is not a "project" as that tern is defined under the California Environmental Quality Act (CEQA) Guidelines Section 15378, and even if it were a project, it would be categorically exempt in accordance with CEQA Guidelines Sections 15301 (maintenance, repair or minor alteration of an existing facility and involves negligible or no expansion of an existing use) and 15061(b)(3) (general rule that CEQA only applies to projects that may have a significant effect on the environment); and B. Accept the Electrical Easement, in substantially the same form as attached to this staff report, and authorize the Mayor to execute the Certificate of Acceptance. Background The property located at 4415 Bandini Boulevard is being developed and an easement is needed for the installation and maintenance of City owned electrical conduit and equipment serving the property. The Public Works Department has received a fully executed Electrical Easement by 4415 Bandini Boulevard Investors, LLC, a Delaware limited liability company for the property at the above-mentioned location, Assessor's Parcel No. 5243-019-021. The easement has been reviewed and approved by the Vernon Public Utilities Department and has been approved as to form by the City Attorney's Office. Fiscal Impact Acceptance of the proposed Electrical Easement has no fiscal impact. Attachment(s) 1. Easement Deed 2. Certificate of Acceptance Page 1 of I RECORDING REQUESTED BY and WHEN RECORDED MAIL TO: City of Vernon 4305 Santa Fe Avenue Vernon,CA 90058 Attn: City Clerk MAIL TAX STATEMENTS TO: Exempt SPACE ABOVE THIS LIVE RESERVED FOR RECORUEY -L EASEMENT (ELECTRICAL) APN: 5243-019-021 DOCUMENTARY TRANSFER TAX IS NONE—NOT REQUIRED SEC. 11922 REVENUE TAXATION CODE. FOR VALUABLE CONSIDERATION,RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, 4415 BANDINI BOULEVARD INVESTORS,LLC,a Delaware limited liability company (the "Grantor") HEREBY GRANT(S)TO: City of Vernon,a municipal corporation (the"Grantee") An easement for every purpose beneficial to the Vernon Public Utilities Department,a Municipal C'.orporation, including,but not limited to,the right to construct, lay, install,use,maintain,alter, add to,repair,replace, inspect and remove underground and overhead electric and other public utilities, consisting of pole,guys and anchors,crossanm,wires,cables,conduits,manholes, vaults,pull boxes,markers and other fixtures and appliances with the right of ingress and egress in,on,over, under,across and through that certain real property in the City of Vernon,County of Los Angeles, State of California,as described in Exhibit"A"attached hereto and incorporated herein by this reference,and as more particularly shown on the map attached hereto as Exhibit "B"and incorporated herein by this reference.This easement is on a portion of the property owned by the Grantor.The Grantee,and its employees shall have free access to said facilities and every part thereof,at all times, for the purpose of exercising the rights herein granted. Date: ~ _2018 4415 BAND1NI BOULEVARD INVESTORS,LLC,a Delaware limited liability company "Grantor" Neil Mishurda,for Pacific Industrial,LLC, Manager Name,Title a-15;e t k Signature ACKNOWLEDGMENT A notary public or otherofficercompleting lhi5 certificate verifies only the identity of the indIvldual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or va l irlity of Il*1t dooumera t State of Callfomi County of L5 Ar," On . 0" before me, k L l f� �k !i rinser# name and title of the officer/ personally appeared who proved to me on the basis of satisfactory ev-deicu to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshblthey executed the same in his/her/their authorized capacity(ies), and that by hislherftheir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _ JOSHUAR.LEI'E coIAa r MOD08 NCSARY PAL1C-CUFORWA - ORANGECOUR I Y My Comm.Eip JuL 1t,2619 _ Signature _ (Seal) EXHIBIT"A" LEGAL DESCRIPTION ELECTRICAL EASEMENT THOSE PORTIONS OF PARCEL 1, IN THE CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,AS DESCRIBED IN CERTIFICATE OF COMPLIANCE,LOT MERGER, RECORDED JULY 6, 2017, AS INSTRUMENT NO. 20170752604 OF OFFICIAL RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS: PARCEL"A" BEGINNING AT A POINT IN THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL 1, SAID POINT BEING DISTANT THEREON SOUTH 67041-00" EAST, 57.44 FEET FROM THE MOST WESTERLY CORNER OF SAID PARCEL I; THENCE NORTH 22°19'00-EAST, 180.29 FEET; THENCE SOUTH 67°41'00"EAST,27.06 FEET; THENCE SOUTH 22"1TOO'WEST,42.29 FEET; THENCE NORTH 67*41'00"WEST,22.06 FEET; THENCE SOUTH 220 l9'00"WEST, 127.61 FEET; THENCE SOUTH 2202l'l I"EAST, 14.62 FEET TO SAID SOUTHWESTERLY BOUNDARY OF PARCEL 1; THENCE ALONG SAID SOUTHWESTERLY BOUNDARY NORTH 67*41'00"WEST, 15.28 FEET TO THE POINT OF BEGINNING. CONTAE41NG 1,888 SQUARE FEET,MORE OR LESS PARCEL"B" BEGINNING AT A POINT 1N THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL 1, SAID POINT BEING DISTANT THEREON NORTH 67041'00" WEST, 81.54 FEET FROM THE MOST SOUTHERLY CORNER OF SAID PARCEL 1; THENCE NORTH 67°4449"EAST, 11.96 FEET; THENCE NORTH 220 19'00-EAST,223.97 FEET; THENCE NORTH 67-41'00"WEST, 11.33 FEET; Page 1 of 2 THENCE NORTH 22"19-00-EAST, 16.00 FEET; THENCE SOUTH 67*41'00"EAST,21.00 FEET; THENCE SOUTH 22"VY00"WEST, 16.00 FEET; THENCE NORTH 6794100"WEST,4.67 FEET; THENCE SOUTH 2r I9'00"WEST,232.36 FEET TO SAID SOUTHWESTERLY BOUNDARY OF PARCEL 1 THENCE ALONG SAID SOUTHWESTERLY BOUNDARY NORTH 67°4100" WEST, 13.52 FEET TO THE POINT OF BEGINNING. CONTAINING 1,534 SQUARE FEET,MORE OR LESS EXHIBIT"B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Nb THIS DESCRIPTION WAS PREPARED esf , BY MF OR UNDER MY DIRECTION: ' JEPtK p E. �' AFdfiORll,lli. LD E. ANAO nL,L.S.7159 PtS 7152 E PI 12'31-17 �CAQF O Page 2 of 2 I I1 N22'16'40"E 425 60' f - I 1 f I I 50 PARCEL 'FA" SEE QEWL SifFFr 9 I I I I I 20' 4 13 a g I W � O O - PARCEL 1 I t p CERTIFICATE OF COMPLMCE, m - LOT MERGER, PER INST. NO. r� o 2017Q25 REC. Z OM-Ok-2017, O.R. o coI z z I 00 I I I PREPARED UNDER THE SUPERVISION OF: D E. ANHO JR., 7159 EXP. —31-19. PARCEL "B" ti I r(m AND SEE DETAIL `8', �- 50' SHEET 2 0 •; C 3a 2019 s* NO. 71 1 L N22'16'40"E 415 60' 111 � I +1 AYERS— AVENUE PREPARED BY: EXHIBIT "B" SC 150' R.A. SMITH NATIONAL MAP TO ACCOMPANY LEGAL DESCRIPTION DATE: 8881 RESEARCH DRIVE ELECTRICAL EASEMENT 8-23-17 IRVINE, CA 92618 (949) 872-2378 CITY OF VERNON, CALIFORNIA SHEET 1 OF 2 MOST w'LY COR.. PAR, 1 PARCEL 1 CERTIFICATE OF COMPLIANCE, - - LOT MERGER, PER INST. NO. <a 20170752604. REC. oN 07-06-2017, O.R. Z> p - N22'19'00"E 180.29' N22'19'00"E 127.6' 0 0 p N z d #.# PARCEL A ll 42.2 a { N22'19'00"E m F, z z DETAIL "A" SCALE: 1'=40' W O a 4 PARCEL '!B" z� , '` Lo Ld lll�fD' c� N22'19'00'E 223.97'D O4 m o N22'19'00"E 232 36' n 3 z M� f z r PARCEL 1 CERTIFICATE OF COMPLIANCE, G 0 Q �L' m -- LOT MERGER, PER INST. NO. _ rn 00 z `° 20170752604, REC. Z m 07-06-2017, O.R. z MOST STY COR., PAR 1 N22'16'40"E 41560' DETAIL "B" SCALE: 1'=4D'- - PREPARED BY: EXHIBIT "B" 1�40' R.A. SMITH NATIONAL MAP TO ACCOMPANY LEGAL DESCRIPTION DATE: 8881 RESEARCH DRIVE ELECTRICAL EASEMENT 8-23-17 IRVINE, CA 92618 (949) 872-2378 CITY OF VERNON. CALIFORNIA SHEET 2 OF 2 CERTIFICATE OF ACCEPTANCE (California Government Code Section 27281) This is to certify that interests in real property conveyed to or created in favor of the City of Vernon by that certain Electrical Easement dated January 3, 2018, executed by 4415 Bandini Boulevard investors, LLC, a Delaware limited liability company, is hereby accepted by the undersigned officer on behalf of the City pursuant to the authority conferred by Minute Order by the City Council of the City on February 6, 2018, and the grantee consents to recordation thereof by its duly authorized officer. Dated: . 2018 CITY OF VERNON MELISSA YBARRA, Mayor ATTEST: MARIA E. AYALA, City Clerk APPROVED AS TO FORM: HEMA PATEL, City Attorney { RECE ED R��'-'�1VED JAN 3- 0 201$ FEB p 1 201$ CITY ADMINISTRATION CITY CLERK'S OFFICE STAFF REPORT VERNON PUBLIC UTILITIES DEPARTMENT / DATE: February 6, 2018 TO: Honorable Mayor and City Council FROM: Kelly Nguyen, General Manager of Public Utilities RE: Desert Harvest or Maverick Solar Project — Power Sales Agreement Between the City of Vernon and the Southern California Public Power Authority Recommendations A. Find that the approval requested in this staff report is not a "project" subject to the California Environmental Quality Act (CEQA) under Guidelines section 15378 because it involves the administrative activity of purchasing power; and 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 purchasing power 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 Desert Harvest or Maverick Solar Project Power Sales Agreement between the City of Vernon ("City") and Southern California Public Power Authority ("SCPPA"), in substantially the same form herewith, for the purpose of purchasing solar power with associated green attributes in compliance with the Renewable Resources Procurement Plan and Enforcement Program in force at the City; and C. Authorize the General Manager of Public Utilities to execute the Desert Harvest or Maverick Solar Project Power Sales Agreement between the City and SCPPA, in substantially the same form herewith, which includes the purchase of twelve (12) megawatts of solar power over the term of 25 years beginning with the project commercial operation date of December 1, 2020. Page 1 of 3 Backp-round The Desert Harvest or Maverick Solar Project is a 70 megawatt (MW) solar photovoltaic (PV) project located in Riverside County, California. The price of the Project is one of the lowest Vernon Public Utilities Department has ever seen for similar solar PV projects in recent years. The project will interconnect with the California Independent System Operator's System. California environmental laws require the City to comply with renewable energy mandates. In an effort to attain compliance, it is recommended that the City Council approve the proposed Power Sales Agreement between the City and SCPPA which allows the City to obtain Category 1 "bucket one" solar energy and Renewable Energy Credits that meet the Renewable Portfolio Standards ("RPS") compliance requirements for Category 1 as set forth in California Public Utilities Code Section 399.16(b)(1)(A). The terms include the purchase of 12 megawatts of solar power by City for a term of 25 years beginning with the project commercial operation date. The agreement protects the City from market price volatility and generation curtailment risks. The key elements of the agreement are as follows: • The Desert Harvest or Maverick Solar Project is located in Riverside County, California, and will have an output of 70 megawatts of photovoltaic solar energy. • The Project is being developed by Desert Harvest II LLC ("Power Purchase Provider"), a Delaware limited liability company, and an affiliate of EDF Renewable Energy, Inc., a Delaware corporation. The Project is planned to be situated on federal lands in Riverside County, California. • On behalf of the Project participants, SCPPA entered into a Power Purchase Agreement with Desert Harvest II, LLC (included as Appendix C of the proposed Power Sales Agreement), for the purchase of electric output of the Desert Harvest Project (Desert Harvest II, LLC has the right to assign the Power Purchase Agreement to Maverick Solar, LLC). • The Project participants are the cities of Vernon, Anaheim, and Burbank. • SCPPA will also execute such other agreements as are necessary to effectuate the Power Purchase Agreement. SCPPA will then resell the power to the cities of Vernon, Anaheim and Burbank at cost through the attached SCPPA Power Sales Agreement which is being presented for approval to City Council. • The City will purchase 12 megawatts of solar power from the Project. Vernon will also receive all renewable energy credits. • The power purchase agreement term is 25 years for a fixed price of $15.25/MWh plus the CAISO revenues received by Seller, offset by equal to the CAISO revenues received by Seller. Page 2 of 3 * Development costs have been and will continue to be shared between the public utilities based on MW share in the Project * Expected Commercial Operation Date is December 1, 2020 * Performance Security under the Power Sales Agreement shall be provided to ensure that Desert Harvest II LLC complies with the performance requirements of the Power Sales Agreement and Power Purchase Agreement. Desert Harvest II LLC will be posting, within 10 days of the Effective Date, a letter of credit (LOC) or cash in the amount of $3.5M as Development Security. After Commercial Operation, Desert Harvest II LLC will replace the Development Security with a Delivery Term Security in the amount of $7.0M during the delivery term * The Power Purchase Agreement includes enforceable development milestone dates with significant financial penalties, ranging from $10,500 to $17,500/day, in the more severe cases. * The SCPPA Power Sales Agreement establishes a coordinating committee to administer the contract. * Public Utilities staff recommends that the Desert Harvest or Maverick Solar Project Solar Project Power Sales Agreement between the City of Vernon and the Southern California Public Power Authority be approved. Approval of the proposed Power Sales Agreement complies with the City's Purchasing Ordinance in that) Vernon Municipal Code § 2.17.12(A)(5) exempts these contracts and all other "contracts with other governmental entities or their contractors for labor, materials or supplies." SCPPA conducted a competitive selection process and received several proposals, of which, the Desert Harvest or Maverick Solar Project was one of the lowest priced and backed by a solid developer for projects under 100 megawatts. The Power Sales Agreement between SCPPA and the City has been reviewed and approved to form by the City Attorney's office. Fiscal Impact The Project will require no contribution to construction costs. Vernon will only pay for actual energy received at the contract stipulated price of$15.25 per MWh. The projected annual cost, based on the anticipated Project output, will be about $600,000 each year. This is a fixed price contract, however, output from the Project will degrade over time, thereby reducing the annual expense as the actual energy received by Vernon is reduced from year to year. Attachments 1. Power Sales Agreement between SCPPA and Vernon Page 3 of 3 Execution Copy DESERT HARVEST OR MAVERICK SOLAR PROJECT POWER SALES AGREEMENT BETWEEN SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY AND THE CITY OF VERNON Dated as of December 21,2017 TABLE OF CONTENTS Page 1. PARTIES.................................................................................................................................1 2. RECITALS, CONSTRUCTION AND PRELIMINARY MATTERS...............................1 3. AGREEMENT........................................................................................................................2 4. DEFINITIONS.............................................................................................------.....................2 4.1 Agreement................................................................. .................................................2 4.2 Effective Date...............................................................................................................3 4.3 Total Power Costs........................................................................................................3 4.4 Monthly Costs............................................................ ...................... ..........................4 5. PURCHASE AND SALE OF FACILITY OUTPUT AND THE OBLIGATIONS OF SCPPA AND THE PURCHASER..................................................................................4 5.1 Purchase and Sale of Participant Facility Output Share...............................................4 5.2 Facility Output and Deliverables ................................. . ............................................5 5.3 Project Manager...........................................................................................................5 5.4 Adoption of Annual Budget.........................................................................................5 5.5 Reports............................................................................... .•---....................................6 5.6 Records and Accounts..................................................................................................6 5.7 Provide Information.................................................................................................. A 5.8 Consultants and Advisors Available............................................................................7 5.9 Liquidated Damages.....................................................................................................7 6. COORDINATING COMMITTEE.......................................................................................7 6.1 Establishment and Authorization of the Coordinating Committee..............................7 6.2 Coordinating Committee Responsibilities--...........--.............-.............................8 6.3 Management Decisions and the Role of Board of Directors......................................1 1 6.4 Periodic Audits........................................................................................................... 12 6.5 Additional Committees .----............................................................ ..........................13 6.6 Costs of Consultants.....................................-... ..............-.........................................13 6.6 Participating Member Representative Expenses..........................................13 7. CHARGES AND BILLINGS ...............................................................................................13 7.1 Monthly Costs............................................................�_.............................................. 7.2 Billing Statement........................................................................................................14 7.3 Adoption of Alternative Billing Statement Procedures..............................................14 7.4 Disputed Monthly Billing Statement .........................................................................14 7.5 Reconciliation of Monthly Costs ....................................................----...................14 7.6 Other or Additional Cost Reconciliation Mechanisms ..............................................15 7.7 Prepayment of Monthly Costs....................................................................................15 S. UNCONDITIONAL PAYMENT OBLIGATIONS; RATE COVENANT; AUTHORIZATIONS; CONFLICTS; LITIGATION.......................................................15 8.1 Unconditional Payment Obligation............................................................................is i TABLE OF CONTENTS (continued) Page 8.2 Source of Payments..,..................................... ..........................................................15 8.3 Rate Covenant............................................................................................................16 8.4 Authorizations............................................... ...........................................................16 8.5 Conflicts......................... .... . . ......................................................... .....................16 8.6 Litigation............. .................................,...,..........................................................16 9. OTHER TERMS AND SERVICES............».........................»...........................................16 9.1 Delivery Procedures............ ............................................................................ ........16 9.2 Other Services and Transmission From Point of Delivery........................................16 9.3 Energy Services.......................................................................................................... 17 9.4 [Reserved.] ..................................................................... .................................... ...17 9.5 Balancing Agent and Dynamic Scheduling__....................... ...............................17 9.6 Transfer of Environmental Attributes to Purchaser...................................................17 10. PROJECT SPECIFIC MATTERS AND PURCHASER RIGHTS AND OBLIGATIONS UNDER PROJECT AGREEMENTS....................................................17 10.1 Rights and Obligations under the Project Agreements ..............................................17 10.2 Revision of Appendix B............................................................................................. 18 11. NONPERFORMANCE AND PAYMENT DEFAULT.....................................................18 11.1 Nonperformance by Purchaser.,................................... ............................................18 11.2 Notice of Payment Default..................................................................... . ...............18 11.3 Cured Payment Default............................................. . .............................................19 11.4 Failure to Cure Payment Default................................................................................19 11.5 Treatment of the Defaulting Purchaser's Project Rights and Obligations upon itsPayment Default............................................................ . . .................................19 11.6 Elimination or Reduction of Payment Obligations....................................................21 11.7 Use of Reserve Funds.............................................................. ..................................21 11.8 Step-Up Invoices........................................................................................................21 11.9 Application of Moneys Received from Step-Up Invoices Relating to the Project..................... .................................................................................................21 11.10 Application of Moneys Received from Default Invoices...........................................22 11.11 Application of Moneys Received from Compliance Payments.................................22 11.12 Application of Moneys Received from Sale of Facility Output.................................22 11.13 [Reserved]................. ...............................................................................................22 12. CHARACTER, CONTINUITY OF SERVICE.................................................................22 12.1 Outages, Interruptions and Curtailment of Energy Deliveries...................................23 12.2 Uncontrollable Forces.......................... .............____..............................23 13. [RESERVED]........................................................................................................................23 14. LIABILITY............................,,,,,,,,,,,,,,...........____.............................................................23 14.1 Participants' Obligations Several...............................................................................23 14.2 No Liability of SCPPA or Purchaser, Their Directors, Officers, Etc.........................23 14.3 Extent of Exculpation; Enforcement of Rights..........................................................24 14.4 Indemnification for Claims of Retail Customer.........................................................24 ii TABLE OF CONTENTS (continued) Page 14.5 Determination or Enforcement of Rights...................................................................24 14.6 No Relief From Insurer's Obligations........................................................................23 14.7 SCPPA Directors, Officers, Employees, Agents Not Individually Liable;No General Liability of SCPPA.......................................................................................24 15. RESTRICTIONS ON DISPOSITION................................................................................24 15.1 Assignment.................................................................................................................24 15.2 Restrictions on Elimination of Payment Obligations.................................................25 15.3 Restrictions on Disposition of Purchaser's Entire System.........................................25 15.4 Successors and Assigns..............................................................................................25 16. EFFECTIVE DATE, TERM AND EXPIRATION ...................................................25 16.1 Effective Date; Execution in Counterparts................................................................25 16.2 Termination Conditions .............................................................................................25 16.3 Expiration..............---...........----.....................................................— ...............26 16.4 Termination of Agreement before Expiration Date...................................................26 17. SEVERABILITY..................................................................................................................26 18. REPRESENTATION AND GOVERNING LAW.............................................................26 19. ARBITRATION AND ATTORNEYS' FEES....................................................................26 20. CONDITIONS TO TERMINATION OR AMENDMENT 27 21. EARLY TERMINATION FOR FAILURE TO OBTAIN CEC CERTIFICATION 27 22. NOTICES..............................................................................................................................27 APPENDICES A— DEFINITIONS .......................................... ............................................................ . .........A-1 B— SCHEDULE OF PARTICIPANTS FACILITY OUTPUT SHARES, PARTICIPANT FACILITY OUTPUT COST SHARES............ I C— POWER PURCHASE AGREEMENT...................................................................................C-1 iii DESERT HARVEST OR MAVERICK SOLAR PROJECT POWER SALES AGREEMENT 1. PARTIES. This Desert Harvest or Maverick Solar Project Power Sales Agreement (this "Agreement"), is dated for convenience as of the 21 st day of December, 2017, by and between the SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY, a joint powers agency and a public entity organized under the laws of the State of California, hereinafter designated as"SCPPA," and the CITY OF VERNON, a municipal corporation organized and existing under the laws of the State of California. The CITY OF VERNON is also periodically designated in this Agreement as "VERNON" or as "Purchaser, or, depending upon the context as "SCPPA Participant" or participant. VERNON and SCPPA are also sometimes herein referred to individually as a "Party" and together as the"Parties." 2. RECITALS, CONSTRUCTION AND PRELIMINARY MATTERS. The Recitals set forth herein and the facts, which follow, are incorporated into this Agreement by reference for all purposes. The facts and the circumstances of the Parties contained in the Recitals, among others, represent the background and framework for this Agreement, the aim and purpose of this Agreement and the intendments of the Parties with respect thereto. This Agreement has been reviewed by attorneys for both Parties and shall not be interpreted with reference to the rules of construction providing for construction against a Party responsible for drafting or creating a particular provision or section, but should instead be interpreted in a manner which broadly implements the goals and objectives of the Parties as expressed herein. References to "Sections," and "Appendices," shall be to Sections, and Appendices as the case may be, of this Agreement unless otherwise specifically provided. Section headings in this Agreement are included herein for convenience of reference only and shall not constitute a part of this Agreement for any other purpose or given any substantive effect. Any of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference. The use herein of the word "include" or "including", when following any general statement, term or matter, shall not be construed to limit such statement, term or matter to the specific items or matters set forth immediately following such word or to similar items or matters, whether or not nonlimiting language (such as "without limitation" or"but not limited to"or words of similar import) is used with reference thereto, but rather shall be deemed to refer to all other items or matters that fall within the broadest possible scope of such general statement, term or matter. This Agreement is made with reference to the following facts among others: 2.1 SCPPA was created pursuant to provisions contained in the Joint Exercise of Powers Act found in Chapter 5 of Division 7 of Title I of the Government Code of California, as amended from time to time (the "Act" as defined in Appendix A), by its members, which are municipalities and an irrigation district that supply, among other things, electrical energy in the State of California, for the purpose of jointly and cooperatively undertaking the planning, financing, development, acquisition, construction, improvement, betterment, operation, and maintenance, of projects for the generation or transmission of electric energy, including the development and implementation of systems and frameworks for the acquisition and delivery of secure, long-term reliable supplies of renewable electric energy. 1 2.2 Pursuant to the terms of the Act, SCPPA has the power, for the purpose of promoting, maintaining and operating electric generation and transmission, to plan, develop, contract for, finance, acquire, design, undertake, own, construct, manage, operate, maintain and administer projects involving systems, methodologies and programs for the acquisition, supply, procurement and delivery of secure, long-term reliable supplies of renewable electric energy, including solar energy, and to cause such projects to be planned, developed, contracted for, financed, acquired, designed, undertaken, constructed, managed, operated, maintained and administered and to provide by agreement for the performance and carrying out of any such activities. 2.3 Purchaser is a California municipality that provides electric energy to its citizens through its municipally owned electric power system. Purchaser is one of the parties to the SCPPA Joint Powers Agreement. 2.4 In pursuit of potential renewable electric resources to address SCPPA member renewable energy needs, SCPPA, together with the Purchaser and other SCPPA members have identified and investigated two potential photovoltaic solar energy generation resources located in Riverside, County, California, one denominated as the Desert Harvest Project and the other denominated as Maverick Solar Project Desert Harvest Project is to be developed by Desert Harvest 11, LLC, a Delaware limited liability company and the Maverick Solar Project is to be developed by Maverick Solar, LLC, also a Delaware limited liability company, both development companies are affiliates of EDF Renewables Energy, Inc.. 2.5 SCPPA intends to enter into a Power Purchase Agreement with Desert Harvest 11, LLC, for the purchase of electric output of the Desert Harvest Project, however under the terms of the Power Purchase Agreement subject to certain conditions Desert Harvest 11, LLC has the right to assign the Power Purchase Agreement to Maverick Solar, LLC and designate the Maverick Project as the facility from which deliveries of energy will be made to SCPPA. The Desert Harvest Project or if an assignment is made, the Maverick Project shall be referred to as the "Project" as further defined in Appendix A hereof. 2.6 Purchaser has a need for a percentage of the Facility Output, the associated Environmental Attributes, and other associated rights, benefits and credits of the Project, and has determined to enter into this Power Sales Agreement with SCPPA for the purpose of meeting such needs. 2.7 SCPPA is authorized to exercise the powers vested in SCPPA pursuant to the Act, its Joint Powers Agreement and this Agreement, as agent for Purchaser to fully implement Purchaser's objectives in the Project as set forth herein. 3. AGREEMENT. For and in consideration of the promises and the mutual covenants and agreements hereinafter set forth, and in order to pay SCPPA for Purchaser's share of SCPPA's costs with respect to the Project, the Parties agree as herein set forth. 4. DEFINITIONS. Appendix A to this Agreement attached hereto and incorporated herein, sets forth definitions of certain terms used in this Agreement. Certain other capitalized terms used herein are defined in the Power Purchase Agreement and shall have the meaning ascribed therein. The terms defined in Appendix A, the Power Purchase Agreement and this Section 4, whether in the singular or plural, unless specifically provided otherwise, when used herein or in the Appendices hereto and initially capitalized, shall have the meaning ascribed thereto in said Appendix A, the Power Purchase Agreement or as set out below: 4.1 Agreement. This Agreement, as it may be amended, modified or supplemented from time to time. 4.2 Effective Date. The date described in Section 16.1 hereof. 4.3 Total Power Costs. Total Power Costs mean all of SCPPA's costs resulting from SCPPA's contracting for, providing for, accommodating, and facilitating the Project, including costs arising under any of the Power Purchase Agreement or other Project Agreements. SCPPA shall apply, as a credit against Total Power Costs, any receipts, revenues and other moneys received by SCPPA from surplus equipment, materials, supplies or assets relating to the Project sold prior to the date of Commercial Operation for the benefit of SCPPA, as well as such other amounts to be applied as a credit against Total Power Costs pursuant to this Agreement. Total Power Costs shall consist of(i) the Delivery Output Cost Component (described in Section 4.3.1), (ii) the Power Purchase Agreement General and Administrative Cost Component (described in Section 4.3.2), (iii)a Supplementary Services Cost Component to the extent SCPPA incurs such costs (described in Section 4.3.3), (iv) a Reserve Fund Cost Component (described in Section 4.3.4), and (v) a Power Purchase Agreement Cost Component (described in Section 4.3.5), and shall include, but not be limited to, the items of cost and expense referred to in the Power Purchase Agreement and this Section 4.3 that are accrued or paid by SCPPA during each Month of each Power Supply Year. In the event any Power Supply Year shall consist of fewer than twelve Months, the fraction set forth in Section 4.3.2 shall be adjusted accordingly and, in the event of any revision of the Annual Budget after the commencement of any Power Supply Year, the amount determined pursuant to Section 4.3.2 shall be appropriately adjusted so that any increase or decrease in the portion of the Annual Budget applicable to Section 4.3.2 shall be evenly apportioned over the remaining Months of such Power Supply Year. 4.3.1 The Delivery Output Cost Component of Total Power Costs for each Month shall consist of the costs of the Facility Output delivered, as calculated at the applicable Contract Price therefor in the Power Purchase Agreement. 4.3.2 The Power Purchase Agreement General and Administrative Cost Component of Total Power Costs for each Month shall consist of the administrative and general costs with respect to the Project, including (i) legal fees, costs relating to litigation (including disbursements and other amounts paid as a result of such litigation), insurance costs(including amounts to fund any self-insurance program), overhead costs, any taxes required to be paid by SCPPA with respect to the Project, (ii) all expenses incurred in enforcing the Power Purchase Agreement and other Power Purchase Agreement, and (iii) all costs related to the conducting of the business of SCPPA with respect to the Project, including the applicable portion of salaries, fees for legal, engineering, financial and other services, and costs of the Project Manager, as well as all other costs attributable to miscellaneous and incidental expenses in connection with the administration of the Project, and all other expenses properly related to the conduct of such affairs of SCPPA. 4.3.3 The Supplementary Services Cost Component of Total Power Costs for each month shall consist of all costs incurred by SCPPA, if any, and to the extent not included in Section 4.3.1, in connection with services for transmission, dispatching, scheduling, tagging, firming, balancing, swapping, exchanging or delivering and for otherwise facilitating the disposition, movement,taking, receiving, crediting and accounting for Facility Output provided for under this Agreement. The Supplementary Services Cost Component of the Total Power Costs shall also entail all costs incurred by SCPPA, if any, which are necessary to move or otherwise handle delivery of any portion of Facility Output from the Point of Delivery to one or more specified delivery point(s) as determined by Purchaser pursuant to Sections 9.2 and 9.5 and by other SCPPA Participating Members pursuant to the terms of their respective power sales agreement relating to the Project. Absent a request by Purchaser for SCPPA to provide Supplementary Services during a Month, no Supplementary Services cost component shall be included in Purchaser's Total Power Costs for such Month. 4.3.4 The Reserve Fund Cost Component of Total Power Costs for each Month shall consist of. the amount for such Month necessary to establish and maintain the Reserve Funds at the level deemed prudent and appropriate by the Board of Directors. 4.3.5 The Power Purchase Agreement Cost Component of Total Power Costs for each Month shall consist of: the costs, without duplication, associated with the Power Purchase Agreement, including, to the extent not otherwise included in this Section 4.3, all costs for such Month of SCPPA in connection with its enforcement of the Power Purchase and Security Agreements or the performance required of SCPPA under any of the Power Purchase Agreement and shall include, without duplication, SCPPA's monthly payment of any applicable associated ancillary costs under the Power Purchase Agreement, and any costs SCPPA is required to pay for the Facility Output, including, where applicable, the costs of Startup and Test Energy. 4.4 Monthly Costs. Monthly Costs is defined in accordance with, and calculated pursuant to, Section 7.1 hereof. 5. PURCHASE AND SALE OF FACILITY OUTPUT AND THE OBLIGATIONS OF SCPPA AND THE PURCHASER. 5.1 Purchase and Sale of Participant Facility Output Share. In accordance with the terms and conditions of this Agreement, commencing on the earliest of 4 (i)the date SCPPA is obligated to pay any portion of the costs of the Project, (ii)the effective date of the Power Purchase Agreement, or(iii)the date of the first delivery of energy to Purchaser pursuant to this Agreement, and continuing through the term of this Agreement, except as otherwise provided herein, SCPPA shall provide Purchaser its Participant Facility Output Share of any and all products, rights, and benefits, whether tangible or intangible received or obtained by SCPPA with respect to the Project, including without limitation the Environmental Attributes and Facility Output, and Purchaser shall be responsible for and pay any and all Total Power Costs associated with the acquisition of Participant Facility Output Share and such associated products, rights, and benefits, , as applicable, under the Power Purchase Agreement and any other applicable Project Agreement, including purchase or acquisition of any rights pursuant to the Power Purchase Agreement and any other applicable Project Agreement. 5.2 Facility Output and Deliverables. SCPPA shall provide and Purchaser shall purchase and receive Purchaser's Participant Facility Output Share of Facility Output pursuant to the terms of this Agreement. To the extent permitted by the Power Purchase Agreement, the applicable Project Agreements, or otherwise determined by the Board of Directors, SCPPA will endeavor to take such actions or implement such measures as may be necessary or desirable for the utilization, maintenance or preservation of the rights and interests of the Purchaser in the Project including, if appropriate, such enforcement actions or other measures as the Board of Directors deems to be in the Purchaser's best interests. To the extent such services are available and can be implemented in accordance with the Power Purchase and Security Agreements or other applicable Project Agreements, SCPPA shall also provide such other services, as approved by the Board of Directors, as may be deemed necessary to secure the benefits and/or satisfy the obligations associated with the Power Purchase Agreement or other applicable Project Agreements. SCPPA shall use its best efforts, on behalf of Purchaser to secure the benefits of the transactions contemplated under the Power Purchase Agreement or other applicable Project Agreements including the delivery of the Facility Output, as applicable, contemplated by this Agreement, and shall endeavor to maintain and secure the rights and benefits accruing to SCPPA through the Power Purchase Agreement and the other applicable Project Agreements. 5.3 Project Manager. SCPPA or its designee or designees shall act as Project Manager as provided in this Agreement to administer the Project, or cause the Project to be administered, as provided in this Agreement or pursuant to assignments, instructions or requests by the Coordinating Committee or the Board of Directors, or through any project management or agency agreement, or contracts for services between SCPPA and a third party. Prior to appointment of a Project Manager (other than SCPPA), SCPPA shall consult with the SCPPA Participating Member as to such appointment. 5.4 Adoption of Annual Budget. The Annual Budget and any amendments to the Annual Budget shall be prepared and approved in accordance with Sections 5.4.1, 5.4.2 or 5.4.3, respectively. 5.4.1 SCPPA will prepare and submit to Purchaser a proposed Annual Budget at least sixty (60) Days prior to the beginning of each Power Supply Year. In connection with the preparation of the Annual Budget, SCPPA shall incorporate therein the Operating Budget for such Power Supply Year as prepared by the Project Manager and approved by the Board of Directors. Purchaser may then submit to SCPPA, at any time until the Annual Budget is adopted, any matters or suggestions relating to the Annual Budget. SCPPA shall adopt the Annual Budget not less than thirty (30) nor more than sixty (60) Days prior to the beginning of such Power Supply Year and shall cause copies of such adopted Annual Budget to be delivered to the Purchaser; provided, however, the Annual Budget for the first Power Supply Year shall be prepared, considered, adopted and delivered in the most practicable manner available prior to Commercial Operation of the Facility. 5.4.2 As required from time to time during any Power Supply Year, after seven Days written notice to the Purchaser, SCPPA may, pursuant to the foregoing provisions for adopting the Annual Budget, adopt an amended Annual Budget for and applicable to such Power Supply Year for the remainder of such Power Supply Year. The Annual Budget shall establish the basis for monthly Billing Statements to be sent to each Participant, as provided in Section 7 hereof. 5.4.3 Any adjustment, and any other or further mechanism for adjustment, as may be required to address the variability of costs of operation of the Project at any time during the Power Supply Year or the variability of or addition to any other Annual Budget component, may be incorporated into the Annual Budget as provided above, or by any amendment to an Annual Budget at any time during any Power Supply Year upon the seven (7) Days written notice to the Purchaser as set forth in Section 5.4.2. 5.5 Reports. SCPPA will prepare and issue to Purchaser the following reports as soon as reasonably practicable after the end of each quarter of a Power Supply Year: 5.5.1 Financial and operating statement relating to the Project. 5.5.2 Variance report comparing the costs in the Annual Budget versus actual costs, and the status of other cost-related issues with respect to the Project. 5.6 Records and Accounts. SCPPA will keep, or cause to be kept, accurate records and accounts of each of the properties and facilities comprising the Project as well as of the operations relating to the Project, all in a manner similar to accepted accounting methodologies associated with similar projects. All transactions of SCPPA relating to the Project with respect to each Fiscal Year shall be subject to an annual audit. Purchaser shall have the right at its own expense to examine and copy the records and accounts referred to above on reasonable notice during regular business hours. 5.7 Provide Information. Purchaser agrees to supply SCPPA, upon request, with such information, documentation and certifications as SCPPA shall reasonably determine to be requisite to and necessary or desirable for the administration and ongoing activities of the Project, including information reasonably available to allow SCPPA to respond to requests for such information from any federal, state or local regulatory 6 body or other authority. 5.8 Consultants and Advisors Available. SCPPA shall make available to the Project Manager (if other than SCPPA) and to the SCPPA Participants all consultants and advisors that are retained by SCPPA, and such consultants and advisors shall be authorized to consult with and advise the Project Manager and SCPPA Participants on Project matters. 5.9 Liquidated Damages. Any amounts paid to SCPPA as and for Daily Delay Damages or Shortfall Damages by the Power Purchase Provider as provided under the Power Purchase Agreement shall be remitted to the SCPPA Participants in accordance with their respective Participant Facility Output Shares. 6. COORDINATING COMMITTEE. 6.1 Establishment and Authorization of the Coordinating Committee. 6.1.1 The Coordinating Committee is hereby established and duly authorized to act on behalf of the SCPPA Participants as provided in this Section 6 for the purpose of(i) providing coordination among, and information to, the SCPPA Participants and SCPPA, (ii) the administration of the Power Purchase Agreement, (iii) the administration of the Project Agreements, (iv) making any recommendations to the Board of Directors regarding the administration of the Project and any acquisitions related thereto and (v) execution of the Coordinating Committee responsibilities set forth in Section 6.2 hereof, including the various financial, administrative, and technical matters which may arise from time to time in connection with the Project or the administration thereof, and such further developments as may need to be addressed. 6.1.2 The Coordinating Committee shall consist of one designated representatives of the SCPPA Participants. Each of the SCPPA Participants shall be entitled to cast a vote equal to its Participant Facility Output Cost Share as set forth in Appendix B hereof. An alternate representative of each of the SCPPA Participants shall be its alternate representative on the Coordinating Committee or, if none has been appointed, an alternate representative may be appointed by written notice by such participant to SCPPA and each of the other SCPPA Participants. The alternative representative so appointed may act on the Coordinating Committee, or on any subcommittee established by the Coordinating Committee, in the absence of such SCPPA Participant's primary designated representative. An alternate representative may attend all meetings of the Coordinating Committee but may vote only if the representative for whom she/he serves as alternate is absent. 6.1.3 No representative of any of the SCPPA Participants shall exercise any greater authority than permitted for the SCPPA Participant which she/he represents. 6.1.4 The chairperson of SCPPA shall promptly call a meeting of the Coordinating Committee at the request of any representative in a manner and to the extent permitted by law. 6.1.5 For the purpose of conducting meetings, a quorum shall exist so long as SCPPA's representative and the representatives of the SCPPA Participants holding not less than eighty percent (80%) of the total Participant Facility Output Cost Shares shall be present. 6.1.6 Except as may otherwise be provided in an agreement to which all of the SCPPA Participants agree, all actions taken by the Coordinating Committee shall require an affirmative vote of SCPPA Participants having Participant Facility Output Cost Shares aggregating at least eighty percent (80%) of the total Participant Facility Output Cost Shares. Unless the Board of Directors shall otherwise determine to require a majority vote pursuant to the terms of the Joint Powers Agreement, all actions with respect to the Project taken by the SCPPA Board of Directors shall require an affirmative vote of at least eighty percent (80%) of the Project Votes (as defined in SCPPA's Joint Powers Agreement, dated as of November 1, 1980, as amended from time to time) cast thereon. Notwithstanding the forgoing, however, if a proposed action before the Coordinating Committee or the Board of Directors relates solely to the interests of a single Participant (other than Purchaser) and Purchaser determines, in good faith, that such proposed action will not adversely affect, economically or otherwise, its interests, then Purchaser agrees that it shall not unreasonably withhold its affirmative vote with respect to such proposed action. 6.1.7 Purchaser acknowledges and agrees that SCPPA, through the Coordinating Committee or the Board of Directors, as applicable, may from time to time enter into Project Agreements or amendments of and supplements to the applicable Project Agreements(in accordance with their respective terms)and that, except as provided herein or as otherwise provided by resolution of the Board of Directors, SCPPA will not be required to obtain the consent or approval of Purchaser in connection with any such Project Agreement or supplement or amendment, provided that any such amendment shall be approved by the Coordinating Committee or the Board of Directors in the manner provided by this Agreement. 6.1.8 Conducting of Coordinating Committee meetings and actions taken by the Coordinating Committee may be taken by vote given in an assembled meeting or by telephone,video conferencing, telegraph, telex, letter, e-mail or by any combination thereof, to the extent permitted by law, any such action taken shall be recorded in the minutes or other written records for the Coordinating Committee meetings. 6.2 Coordinating Committee Responsibilities. In addition to those responsibilities enumerated in Section 6.1, the Coordinating Committee shall have the following responsibilities: 6.2.1 Provide liaison between SCPPA and the Participants at the management or 8 other levels with respect to the ongoing administration of the Project and maintain a liaison between the SCPPA Participants and all other SCPPA members with respect to the Project, and where the Coordinating Committee deems it appropriate, maintain a liaison with the counterparties to any Project Agreements and with any other entities or utilities engaged in or in connection with other renewable energy projects. 6.2.2 Exercise general supervision over any subcommittee established pursuant to Section 6.5. 6.2.3 Review, develop, discuss, and, if appropriate, recommend, modify or approve all budgets and revisions thereof prepared and submitted by SCPPA or the Project Manager at the request of the Coordinating Committee. 6.2.4 Review, develop, discuss, and, if appropriate, modify, approve or otherwise act upon any systems or procedures for adjustment of the Annual Budget or any alternative methodologies for budgeting or billing as set forth in Section 5 and Section 7 of this Agreement. 6.2.5 Carry out all other actions reposed in the Coordinating Committee with respect to budgeting and billing as set forth in Section 5 and Section 7 of this Agreement. 6.2.6 Review, discuss and attempt to resolve any disputes among the SCPPA Participants or the parties to any Project Agreements including, without limitation, the Power Purchase Provider, the counterparties under the Power Purchase Agreement or any other counterparty with respect to any Project Agreement. 6.2.7 Make recommendations to the Project Manager, the Board of Directors or to the counterparties to any of the Project Agreements, as appropriate, with respect to the ongoing administration of the Project. 6.2.8 Review, develop, and if appropriate, modify and approve rules, procedures and protocols for the administration of the Project or Project Agreements, including rules, procedures and protocols for the management of the costs of the scheduling, handling, tagging, dispatching and crediting of Facility Output and the handling and crediting of Environmental Attributes associated with the Project. 6.2.9 Review, and, if appropriate, modify, approve or otherwise act upon the form or content of any written statistical, administrative, or operational reports, solar energy related data, electric generation information, solar energy production data, and technical information, facility reliability data, transmission information, forecasting scheduling, dispatching, tagging, parking, exchanging, balancing, movement, or other delivery information, climate and weather related matters, regulatory matters or requirements, and other information and other similar records or matters pertaining to the Project which are furnished to the Coordinating Committee by the Project 9 Manager as requested by the Coordinating Committee, or by the counterparties to Project Agreements, experts, consultants or others. 6.2.10 Review, and, if appropriate, modify, approve or otherwise act upon, practices and procedures as formulated by the Project Manager as requested by the Coordinating Committee or, if applicable, the counterparty to any Project Agreement, to be followed by the SCPPA Participants for, among other things, the production, scheduling, tagging, transmission, delivery, balancing, exchanging, crediting, tracking, monitoring, remarketing, sale or disposition of Facility Output. For avoidance of doubt, upon SCPPA's delivery and sale of Facility Output to Purchaser at the Point of Delivery, Purchaser shall have full unilateral rights to remarket, sell or otherwise dispose of such Facility Output. 6.2.1 1 Review, modify and approve, if appropriate, any activities with respect to the performance of any Project Agreement, including policies for selection and utilization of contractors and consultants included in the budgets with respect to the Project. In approving such activities, consideration may be given, if possible, to each SCPPA Participant's electric power system conditions, which may prevail during such planned activities. 6.2.12 Review, and, if appropriate, recommend, modify, approve or otherwise act with respect to the exercise of SCPPA's rights under the Power Purchase Agreement or review, recommend, approve or otherwise act with respect to the procurement of resources in connection with the Power Purchase Agreement. 6.2.13 Review, modify, approve or otherwise act upon any proposed change, extension or modification of any date set forth in Appendix I of the Power Purchase Agreement of the milestone schedule or to any Milestone under the Power Purchase Agreement as the Coordinating Committee shall deem to be desirable, appropriate or otherwise in SCPPA's interest. The Coordinating Committee may impose such other terms, conditions or qualifications upon any such action as the Coordinating Committee shall deem appropriate. 6.2.14 Review and act upon any present, potential or possible future anticipated failure to deliver Guaranteed Generation under the Power Purchase Agreement in such manner as the Coordinating Committee shall deem appropriate. 6.2.15 Review, and if appropriate, recommend, modify or approve practices and procedures formulated by the Project Manager, as requested by the Coordinating Committee, or by any counterparty to any Project Agreements giving due recognition to the needs, rights and electric system requirements and capabilities of all SCPPA Participants. 6.2.16 Review and act upon any matters involving any of the applicable Power Purchase Agreement, any guarantee or letter of credit delivered to or for the benefit of SCPPA by the Power Purchase Provider or any other counterparty 10 to any Project Agreement in connection with the Project, and take such actions or make such recommendations as may be appropriate or desirable in connection therewith. 6.2.17 Review, modify or approve recommendations of the Project Manager or counterparties made pursuant to the provisions of any Project Agreement. 6.2.18 Review, modify and where appropriate, recommend or approve the implementation of metering technologies and methodologies appropriate for the delivery, accounting for, transferring and crediting of the Facility Output to the Point of Delivery or to other points or destinations, as applicable. 6.2.19 Review, modify and where appropriate, recommend or approve all Consent Agreements. 6.2.20 Review, examine modify and where appropriate, recommend or approve the implementation of methods for addressing curtailments or other interruptions having a tendency to cause Deemed Generated Energy. 6.2.21 Review, modify and where appropriate, recommend or approve the implementation of practices and procedures to implement the provisions of Section 9 herein, as may be applicable with respect to any of the SCPPA Participants, provided, that such action shall require the affirmative vote of Purchaser's representative if such adjustment would change Purchaser's SCPPA Participant Facility Output Share, Purchaser's SCPPA Participant Facility Output Cost Share and the associated SCPPA capacity amounts. 6.2.22 Review and approve adjustments to the Participant Facility Output Shares and the Participant Facility Output Cost Shares set forth in Appendix B when and as required by this Agreement; provided, that such resolution shall require the affirmative vote of Purchaser's representative if such adjustment would change a Participant Facility Output Share and Participant Facility Output Cost Share . 6.2.23 Perform such other functions and duties as may be provided for under this Agreement, the Power Purchase Agreement, the Power Purchase Agreement or any other applicable Project Agreement or as may otherwise be appropriate or beneficial to the Project. 6.3 Management Decisions and the Role of Board of Directors. To the extent not provided for under this Agreement, the rights and obligations of SCPPA under the Project Agreements shall be subject to the ultimate control at all times of the Board of Directors. Purchaser shall be entitled to participate in the decisions of the Board of Directors with respect to SCPPA's rights and interests with respect to the Project as provided in this Section 6.3, provided that Purchaser shall disqualify its right to participate upon assuming the status of a Defaulting Purchaser as provided in Section 11 of this Agreement. SCPPA through the Board of Directors shall have, in addition to the duties and responsibilities set forth elsewhere in this Agreement, the following duties and responsibilities, among others: II 6.3.1 Dispute Resolution. The Board of Directors shall endeavor to review, discuss and attempt to resolve any disputes among SCPPA, the SCPPA Participants and the counterparties under the Project Agreements relating to the Project, the operation and management of the Facility, and SCPPA's rights and interests with respect to the Facility. 6.3.2 Scheduling Procedures. When recommended by the Project Manager, or when otherwise appropriate, the Board of Directors shall act upon and approve or modify the practices and procedures to be followed by the SCPPA Participants for scheduling, delivering, controlling and allocating the Facility Output. 6.3.3 Project Agreements. The Board of Directors shall have the authority to approve the Project Agreements, including agreements for scheduling coordinator services, if any, and to review modify and approve, as appropriate, all amendments, modifications and supplements to the Project Agreements. 6.3.4 Budgeting. The Board of Directors shall review, modify and approve each Annual Budget and the revisions thereto in accordance with Section 5.4 of this Agreement. 6.3.5 A pplication of Certain Paygignts Under the Po er Purchase Agreement. The Board of Directors shall review, modify and approve recommendations of the Project Manager as to the application of any payments or amounts received by SCPPA from any source or as a result of Default by the Power Purchase Provider under the Power Purchase Agreement; provided that such payments and amounts shall be applied to one or more of the purposes set forth in Section 4.3 to the credit of Purchaser and the other SCPPA Participants in proportion to their respective Participant Facility Output Cost Share. 6.3.6 Other Matters. The Board of Directors is authorized to perform such other functions and duties, including oversight of those matters and responsibilities addressed by the Project Manager, as may be provided for under this Power Sales Agreement and under the other Project Agreements, or as may otherwise be appropriate. 6.4 Periodic Audits. The Board of Directors or the Coordinating Committee may arrange for the annual audit under Section 5.6 of this Agreement by certified accountants, selected by SCPPA and experienced in electric generation or electric utility accounting, of the books and accounting records of SCPPA, and where deemed appropriate the Project Manager (if other than SCPPA), the Power Purchase Provider (to the extent provided under any of the Power Purchase Agreement) and any other counterparty under any Project Agreement to the extent allowable, and any cost reimbursable to a consultant or contractor relevant to the administration of the Project, and such audit shall be completed and submitted to SCPPA as soon as reasonably practicable after the close of the Fiscal Year. SCPPA shall promptly furnish to Purchaser copies of all audits. No more frequently than once every calendar year, the Purchaser may, at its sole cost and expense, audit or cause to be 12 audited the books and cost records of SCPPA, the Project Manager (if other than SCPPA), the counterparty under any Project Agreement to the extent so provided in the applicable Project Agreement, and any cost reimbursable to a consultant or contractor relevant to the administration of the Project. 6.5 Additional Committees. The Board of Directors may establish as needed subcommittees including, but not limited to, auditing, legal, financial, engineering, mechanical, weather, diurnal, barometric, meteorological, operating, insurance, governmental relations, environmental and public information subcommittees. The authority, membership, and duties of any subcommittee shall be established by the Board of Directors; provided, however, such authority, membership or duties shall not conflict with the provisions of any of the Project Agreements. 6.6 Costs of Consultants. Costs (or the applicable portion thereof) of consultants and others employed or appointed by the Board of Directors or the Coordinating Committee to perform the duties required hereunder shall be included in Total Power Costs, as appropriate, and shall be billed to SCPPA or the Project Manager (if other than SCPPA). 6.7 Participating Member Representative Expenses. Any expenses incurred by any representative of any Participating Member or group of Participating Members serving on the Coordinating Committee or any other committee in connection with his/her duties on such committee shall be the responsibility of the Participating Member which he/she represents and shall not be an expense payable under this Agreement. 7. CHARGES AND BILLINGS. 7.1 Monthly Costs. The amount of monthly costs which shall be paid by Purchaser to SCPPA for a particular Month ("Monthly Costs") shall be the sum of the following, as applicable, subject to any adjustments as provided in Section 12 hereof: 7.1.1 Purchaser's Participant Facility Output Cost Share multiplied by the Delivery Output Cost Component of Total Power Costs (as provided in Section 4.3.1) for such Month. 7.1.2 Purchaser's Participant Facility Output Cost Share multiplied by the Power Purchase Agreement General and Administrative Cost Component of Total Power Costs(as provided in Section 4.3.2 hereof) for such Month. 7.1.3 Purchaser's share of the Supplementary Services Cost Component of Total Power Costs (as provided in Section 4.3.3 hereof) based on Purchaser's allocated share of any such services procured by SCPPA on behalf of the Purchaser for such Month. 7.1.4 Purchaser's Participant Facility Output Cost Share multiplied by the Reserve Fund Cost Component of Total Power Costs (as provided in Section 4.3.4 hereof) for such Month. 13 7.1.5 Purchaser's Participant Facility Output Cost Share multiplied by the Power Purchase Agreement Cost Component of Total Power Costs (as provided in Section 4.3.5 hereof) for such Month. 7.2 Billing Statement. By the fifth Day of each Month during each Power Supply Year, SCPPA shall bill Purchaser for the amount of Monthly Costs to be paid by Purchaser for the current Month by providing Purchaser with a Billing Statement in accordance with the charges established pursuant to the provisions of this Agreement; provided, however, that such Billing Statement, with respect to the cost of Facility Output provided by SCPPA to Purchaser under this Agreement, shall also include with respect to the performance by SCPPA or the counterparty under and pursuant to applicable Project Agreements, any charge or credit to Purchaser with respect to the costs or revenues attributable to Purchaser pursuant to and under any applicable Project Agreement. Such Billing Statement shall detail the costs described in Section 7.1 hereof and shall set forth, among other things, the amounts due for such Month by Purchaser with respect to the items of Monthly Costs set forth in Section 7.1, as such Monthly Costs may be adjusted from time to time in accordance with Section 5 and this Section 7. Such Billing Statement shall be paid by Purchaser on or before twenty(20) Days after receipt of such Billing Statement. 7.3 Adoption of Alternative Billing Statement Procedures. The Coordinating Committee may recommend the adoption of an alternative Billing Statement billing methodology in connection with each SCPPA Participant's Billing Statement with respect to the Total Power Costs and the costs associated with any Project Agreement. Such alternative Billing Statement procedures may be placed into effect with the approval of the same by resolution of the Board of Directors. Any such alternative Billing Statement billing methodology shall be fiscally prudent, financially sound and shall assure coverage of all potential and actual costs and obligations of SCPPA. 7.4 Disputed Monthly Billing Statement. In case any portion of any Billing Statement received by Purchaser from SCPPA shall be in bona fide dispute, Purchaser shall pay SCPPA the full amount of such Billing Statement and, upon determination of the correct amount, the difference between such correct amount and such full amount, if any, including interest at the rate received by SCPPA on any overpayment, will be credited to Purchaser by SCPPA after such determination; provided, however, that such interest shall not accrue on any overpayment that is acknowledged by SCPPA and returned to Purchaser by the fifth Day following the receipt by SCPPA of the disputed overpayment. In the event such Billing Statement is in dispute, SCPPA will give consideration to such dispute and will advise Purchaser with regard to SCPPA's position relative thereto within thirty (30) Days following receipt of written notification by Purchaser of such dispute. 7.5 Reconciliation of Monthly. As soon as practicable after the end of each Power Supply Year, or more frequently if so determined by the Board of Directors, SCPPA will submit to Purchaser and each of the other SCPPA Participants a detailed statement of the actual aggregate Monthly Costs and other amounts payable hereunder, including any credits thereto, for all of the Months of such Power Supply Year, and the adjustments of the aggregate Monthly Costs and other amounts payable hereunder, if any, for any prior Power Supply Year, based on the annual audit of 14 accounts provided for in Section 5.6. If, on the basis of the statement submitted as provided in this Section 7.5, the actual aggregate Monthly Costs and other amounts payable by the Purchaser for any Power Supply Year exceed the amount thereof which Purchaser has been billed, Purchaser shall pay SCPPA, within twenty (20) Days of receipt of SCPPA's invoice, the amount to which SCPPA is entitled. If, on the basis of the statement submitted pursuant to this Section 7.5, the actual aggregate Monthly Costs or other amounts payable by the Purchaser for any Power Supply Year are less than the amount therefor which Purchaser has been billed, SCPPA shall, unless otherwise directed by Purchaser with respect to moneys owed to it, credit such excess against Purchaser's next monthly Billing Statement. 7.6 Other or Additional Cost Reconciliation Mechanisms. The Board of Directors may, by resolution, authorize or prescribe other billing, payment, costing and cost reconciliation mechanisms to address such billing, payment, costing and cost reconciliation issues as may from time to time arise with respect to the Project. 7.7 Prepayment of Months Costs. Purchaser may, at any time, pay moneys to SCPPA or utilize any credits due or amounts owed by SCPPA to Purchaser with respect to the Project for the purpose of prepaying its monthly Billing Statement. Such moneys and amounts owed by SCPPA under any Project Agreement shall be deposited into an account established by, or at the direction of, SCPPA. Consistent with SCPPA's investment policy, moneys in such account shall be invested pursuant to instructions provided to SCPPA by Purchaser and all investment income shall be credited to such account. Payment of the amount of any monthly Billing Statement or Default Invoice shall be made from moneys available in such account to the extent set forth in written directions from Purchaser to SCPPA received at least five business days prior to the due date of such payment. Any credit or prepayment with respect to its monthly Billing Statement shall not relieve or reduce Purchaser's other obligations under this Agreement. 8. UNCONDITIONAL PAYMENT OBLIGATIONS; RATE COVENANT; AUTHORIZATIONS; CONFLICTS; LITIGATION. 8.1 Unconditional Payment Obligation. Beginning with the earliest of (i)the date SCPPA incurs or becomes obligated to pay any portion of the costs of the Project, (ii)the effective date of any Project, or (iii)the date of the first delivery of Facility Output to Purchaser and continuing through the term of this Agreement, Purchaser shall pay SCPPA the amounts of Monthly Costs set forth in the Billing Statements submitted by or on behalf of SCPPA to Purchaser in accordance with the provisions of Section 7 hereof and, without duplication, any amount set forth in any Default Invoice received by Purchaser as a result of the operation of Section I I hereof, whether or not this Agreement has been terminated, or the Project or any part thereof has been completed, is functioning, producing, operating or operable or its output is suspended, interrupted, interfered with, reduced or curtailed or terminated in whole or in part, and such payments shall not be subject to reduction whether by offset or otherwise and shall not be conditional upon the performance or nonperformance by any party of any agreement for any cause whatsoever. 8.2 Source of Payments. The Purchaser hereby represents and warrants that the 15 obligations of Purchaser to make the payments to SCPPA under this Agreement shall constitute a cost of purchased power and an operating expense of Purchaser payable solely from its electric power revenue fund, including any and all legally available electric power system reserves. Purchaser will annually in each and every fiscal year of Purchaser during the term of this Agreement include in its electric power system budget, whether or not any other items are included, an appropriation from the revenues of its electric power system (including moneys derived from sales to third parties) sufficient to satisfy all the payments required to be made in such year under this Agreement until all payments required under this Agreement have been paid in full. 8.3 Rate Covenant. Purchaser will establish, maintain and collect rates and charges for the electric power service of its electric power system each year so as to provide revenues sufficient, together with any legally available electric power system reserves, to enable Purchaser to pay to SCPPA all amounts payable when due under this Agreement and to pay all other amounts payable from, and all lawful charges against or liens on,the revenues of its electric power system. 8.4 Authorizations. The Purchaser hereby represents and warrants that no order, approval, consent or authorization of any governmental or public agency, authority or person, is required on the part of the Purchaser for the execution and delivery by the Purchaser of this Agreement, or the performance by the Purchaser of its obligations under this Agreement except for such as have been obtained. 8.5 Conflicts. Purchaser represents and warrants to SCPPA as of the Effective Date that, to Purchaser's knowledge, the execution and delivery of this Agreement by Purchaser, and Purchaser's performance thereunder will not constitute a default under any agreement or instrument to which it is a party, or any order,judgment, decree or ruling of any court that is binding on Purchaser, or a violation of any applicable law of any governmental authority, which default or violation would have a material adverse effect on the financial condition of Purchaser's electric revenue fund. 8.6 Litigation. Purchaser represents and warrants to SCPPA as of the Effective Date that, to Purchaser's knowledge, except as disclosed, there are no actions, suits or proceedings pending against Purchaser (service of process on Purchaser having been made) in any court that questions the validity of the authorization, execution or delivery by Purchaser of this Agreement, or the enforceability as to Purchaser of this Agreement. 9. OTHER TERMS AND SERVICES. 9.1 Delivery Procedures. Prior to the time at which any Energy is to be delivered to Purchaser from the Facility, to the extent applicable, Purchaser shall schedule and be obligated to take delivery of Energy to be delivered under this Agreement. The Facility Output generated and produced from the Project shall be scheduled and delivered at the Point of Delivery under the practices and procedures approved pursuant to Section 6.2, as applicable, all in accordance with the Power Purchase Agreement. 16 9.2 Other Services and Transmission From Point of Delivery. It is the obligation of Purchaser to receive its Participant Facility Output Share from SCPPA all in accordance with the Power Purchase Agreement However, to the extent specified by the Purchaser, and to the extent practicable for SCPPA to do so, SCPPA shall assist in arranging for Supplementary Services and for such additional transmission, interconnection arrangements, energy management, firming, shaping, swaps, exchanges or other services associated with the transmission, use or disposition of Facility Output to be utilized by the Purchaser and to provide for delivery, accounting for,transferring and crediting the ownership and transfer of such Facility Output from the Point of Delivery to any other points or destinations, as determined by the Purchaser. 9.3 Energy Services. Except as otherwise provided in this Agreement, nothing herein shall prevent or restrict Purchaser from providing for its own transmission, energy management services, firming, balancing, or exchanging services or otherwise using or dispatching its Energy under this Agreement; provided, however, that such services, use or activities shall not affect any of the obligations of Purchaser under this Agreement. 9.4 Reserved. 9.5 Balancing Agent and DyLgamic Scheduling. Upon the request of Purchaser, SCPPA shall either (i) retain an agent to maintain and balance Purchaser's hourly Energy schedules in accordance with WECC protocols ("Balancing Agent"), including the provision or absorption of imbalance energy to accommodate intra-hour fluctuations of Facility Output as compared to Purchaser's Energy schedule and maintaining a balancing account of accumulated imbalance energy to be settled by adjusting future Purchaser Energy schedules, (ii)arrange for Dynamic Scheduling from the Point of Delivery to Purchaser's control area or electric power system, including the procurement and installation of scheduling hardware, software, and communications equipment necessary to effectuate Dynamic Scheduling, (iii) procure, contract for or otherwise arrange for any available integration services to address any of the above referenced imbalances, fluctuations, variability, intermittency, or like conditions or (iv) address the costs, charges or consequences of such imbalances, fluctuations, variability, intermittency, or like conditions though other mechanisms or methodologies which are mutually agreeable to the Purchaser and SCPPA. 9.6 Transfer of Environmental Attributes to Purchaser. SCPPA shall transfer all Environmental Attributes received by SCPPA under the Power Purchase Agreement to Purchaser in the same manner by which SCPPA receives Environmental Attributes. 10. PROJECT SPECIFIC MATTERS AND PURCHASER RIGHTS AND OBLIGATIONS UNDER PROJECT AGREEMENTS. 10.1 Rights and Obligations under the Project Agreements. Notwithstanding anything to the contrary contained herein: (i)the obligation of SCPPA to deliver to Purchaser its Participant Facility Output Share during the term of this Agreement is limited to the Facility Output which SCPPA receives from the Power Purchase Provider for 17 redelivery to Purchaser hereunder during such time; (ii)the obligation of SCPPA to pay any amount to Purchaser hereunder or to give credits against amounts due from Purchaser hereunder is limited to amounts SCPPA receives in connection with the transaction to which the payment or credit relates (or is otherwise available to SCPPA in connection with this Agreement for which such payment or credit relates); (iii)any purchase costs, operating costs, energy costs, environmental attribute costs, transmission costs, tax costs, insurance costs, indemnifications, other costs or other charges for which SCPPA is responsible under the Project Agreements shall be considered purchase costs, operating costs, energy costs, environmental attribute costs, transmission costs, tax costs, insurance costs, indemnifications, other costs or other charges incurred by SCPPA and payable by SCPPA Participants as provided in this Agreement; and (iv)any Force Majeure under the Power Purchase Agreement or other event of force majeure affecting the delivery of Energy pursuant to applicable provisions of the Project Agreements shall be considered an event caused by Uncontrollable Forces affecting SCPPA with respect to the delivery of Energy and/or Environmental Attributes hereunder and SCPPA forwarding to Purchaser notices and information from the Power Purchase Provider concerning an event of Force Majeure upon receipt thereof shall be sufficient to constitute a notice that Uncontrollable Forces have occurred pursuant to Section 12.2 of this Agreement. Any net proceeds received by SCPPA from the sale of Guaranteed Generation by the Power Purchase Provider to any third-party purchaser as a result of a Force Majeure event or failure by SCPPA to accept delivery of Energy pursuant to the Power Purchase Agreement shall be remitted by SCPPA to Purchaser in proportion to Purchaser's Participant Facility Output Cost Share. 10.2 Revision of Appendix B. The Parties agree that adjustments of the Participant Facility Output Shares and Participant Facility Output Cost Shares in Appendix B in compliance with this Agreement shall be made and treated as an element of administration and not an amendment of this Agreement. The revised Appendix B shall become Appendix B to this Agreement in replacement of the prior Appendix B hereof. 11. NONPERFORMANCE AND PAYMENT DEFAULT. 11.1 Nonl&rformance by Purchaser. If Purchaser shall fail to perform any covenant, agreement or obligation under this Agreement or shall cause SCPPA to be in default with respect to any undertaking entered into for the Project or to be in default under the Power Purchase Agreement, or any other Project Agreement, as applicable, or cause a default to occur pursuant to such agreements, SCPPA may, in the event the performance of any such obligation remains unsatisfied after thirty (30) Days' prior written notice thereof to the Purchaser and a demand to so perform, take any action permitted by law to enforce its rights under this Agreement, including but not limited to termination of this Agreement, and/or (unless SCPPA has already taken action pursuant to the immediately following sentence) bring any suit, action or proceeding at law or in equity as may be necessary or appropriate to recover damages and/or enforce any covenant, agreement or obligation against the Purchaser with regard to its failure to so perform. 11.2 Notice of Payment Default. In the event of a Payment Default by Purchaser, on or 18 promptly following the Initial Payment Default Date SCPPA shall issue a Default Invoice and shall provide written notice to Purchaser that as a result of a Payment Default, it is in default under this Agreement and has assumed the status of a Defaulting Purchaser and that Purchaser's Project Rights are subject to discontinuance, termination and disposal in accordance with Sections 11.4 and 11.5 of this Agreement. Notice of such Payment Default shall be provided promptly by SCPPA to the other SCPPA Participants_ In addition to the foregoing, the notice of Payment Default shall specify that five (5) Days after the issuance of the written notice of Payment Default by SCPPA, deliveries of Facility Output to the Purchaser pursuant to this Agreement shall be thereafter suspended until such time as Purchaser is in Compliance. SCPPA may take any action through or in conjunction with the Power Purchase Provider or any other counterparty under a Project Agreement or with the Project Manager, if applicable, to expeditiously implement the provisions of this Section 11. 11.3 Cured Payment Default. If after a Payment Default Purchaser cures such Payment Default within the Cure Period, its Project Rights shall not be subject to discontinuance, termination or disposal as provided for in Sections 11.4 and 11.5 of this Agreement as a result of any Payment Default associated with such Cured Payment Default. 11.4 Failure to Cure Payment Default. If, at any time after expiration of the Cure Period Purchaser fails to be in Compliance due to its failure to cure its Payment Default in a timely manner in accordance with this Agreement, Purchaser's Project Rights shall immediately be discontinued and terminated and its Project Rights and Obligations shall be disposed of by SCPPA in accordance with Section 11.5 of this Agreement; provided, however, the Defaulting Purchaser's obligation to make payments under this Agreement shall not be eliminated or reduced except to the extent provided in Section 11.5. SCPPA shall provide to the Defaulting Purchaser a separate monthly invoice of any such payment obligations under this Agreement. SCPPA shall immediately notify the Project Manager (if other than SCPPA), the other SCPPA Participants and such others as SCPPA deems appropriate, of such discontinuance and termination of the Defaulting Purchaser's Project Rights. 11.5 Treatment of 4he Defaulting Purchaser's Project Rights and Obligations upgn its Payment Default. In the event Defaulting Purchaser's Project Rights are discontinued and terminated pursuant to Section 11.4 of this Agreement, SCPPA shall undertake or cause to be undertaken the following actions in the order indicated: 11.5.1 SCPPA shall, to the extent permitted under the Project Agreements, offer to convey, transfer and assign to all non-Defaulting SCPPA Participants, on a temporary or permanent basis as determined by SCPPA, the Project Rights and Obligations of the Defaulting Purchaser, and SCPPA shall so convey, transfer and assign on such basis so determined by SCPPA to (i) all requesting non-Defaulting SCPPA Participants the amount of Project Rights and Obligations requested if the aggregate of such requests does not exceed the amount of the Project Rights and obligations of the Defaulting Purchaser, or (ii) all requesting non-Defaulting SCPPA Participants on a pro-rats basis (based upon the amount requested) if the aggregate of such requests exceeds 19 the amount of the Project Rights and Obligations of the Defaulting Purchaser. Each such requesting non-Defaulting Participant shall assume all, but not less than all, Project Rights and Obligations so conveyed, transferred and assigned to it by SCPPA. 11.5.2 If all Defaulting Purchaser's Project Rights and Obligations are not conveyed, transferred and assigned to non-Defaulting SCPPA Participants as provided in Section 11.5.1 of this Agreement, SCPPA shall, to the extent permitted under the Project Agreements and to the extent SCPPA in its discretion determines it appropriate, offer to convey, transfer and assign, on a temporary or permanent basis as determined by SCPPA, the remainder (or, all, if applicable) of Defaulting Purchaser's Project Rights and Obligations to third parties, all in accordance with applicable law. Each such requesting third party shall assume all, but not less than all, Project Rights and Obligations so conveyed, transferred and assigned to it by SCPPA. If such third party is a SCPPA Member but not a SCPPA Participant as defined herein, such Member, upon accepting such conveyance, transfer and assignment on a permanent basis, shall be deemed a SCPPA Participant. 11.5.3 If, at any time or from time to time, any of the Project Rights and Obligations of the Defaulting Purchaser are not conveyed, transferred and assigned as provided in Sections 11.5.1 or 11.5.2 of this Agreement, SCPPA shall use its best efforts, to the extent reasonably possible and economically beneficial, to offer all non-Defaulting SCPPA Participants and third parties, for long-term or short-term sale as determined by SCPPA, Facility Output associated with such Project Rights and Obligations or to remarket or resell such Facility Output, or cause the same to be remarketed or resold; provided, however,that without eliminating Defaulting Purchaser's obligation to make payments under this Agreement (notwithstanding anything to the contrary in this Agreement), including payment of SCPPA's costs and expenses related to such default and sale, such payment obligation shall be offset, mitigated and satisfied to the extent that payments are received by SCPPA from the remarketing or sale of Facility Output associated with Defaulting Purchaser's Project Rights. 11.5.4 If, at the time of any Coordinating Committee meeting, any of Defaulting Purchaser's Project Rights and Obligations are not conveyed, transferred and assigned as provided in Sections 11.5.1 or 11.5.2, the associated voting rights with respect to Defaulting Purchaser's Project Rights and Obligations shall be redistributed pro rata among the non-Defaulting SCPPA Participants, based upon the Participant Facility Output Share of such SCPPA Participant, so that the total voting rights remain at 100%. 11.5.5 Upon the termination, conveyance, transfer or assignment of a Defaulting Purchaser's Project Rights and Obligations pursuant to Section 11.4 and this Section 11.5, SCPPA shall make any necessary adjustments to the Participant Facility Output Shares set forth in Appendix B and give written notice thereof to the non-Defaulting SCPPA Participants. Such adjustments shall not require approval by the Coordinating Committee. 20 11.5.6 Except as provided in this Section 11.5 or otherwise in this Agreement, SCPPA may not convey, transfer or assign any SCPPA Participant's Rights and Obligations without the prior written consent of the SCPPA Participant. 11.6 Elimination or Reduction of Payment Obligations. Upon termination of Defaulting Purchaser's Project Rights pursuant to Section 11.4 and conveyance, transfer or assignment of Defaulting Purchaser's Project Rights and Obligations pursuant to Sections 11.5.1 or 11.5.2, Defaulting Purchaser's obligation to make payments under this Agreement(notwithstanding anything to the contrary in this Agreement) shall not be eliminated or reduced except to the extent of moneys received by SCPPA as a result of the conveyance, transfer and assignment of Defaulting Purchaser's Project Rights and Obligations, less SCPPA's related costs and expenses. 11.7 Use of Reserve Funds. With respect to a Payment Default by Purchaser, funds in the Reserve Funds may be used, to the extent necessary and to the extent available, to cover any deficiency with respect to any payment due by SCPPA attributable to Purchaser's participation in the Project. 11.8 Step-Up Invoices. Step-Up Invoices shall be issued in accordance with the provisions set forth below. 11.8.1 In the event of a Payment Default by one or more Defaulting SCPPA Participants, which is in existence following the Operating Reserve Depletion Date, SCPPA shall provide by the fifth Day of the Month following such Operating Reserve Depletion Date, a separate Step-Up Invoice to each non- Defaulting Participant that includes a charge equal to the non-Defaulting SCPPA Participant's pro rata share, based upon the Participant Facility Output Cost Shares of all non-Defaulting SCPPA Participants, of the amount of Monthly Costs reflected in the unpaid Billing Statements for the previous Month for such Defaulting Purchaser). Notwithstanding the foregoing, the amount of each monthly Step-Up Invoice provided to a non-Defaulting Participant shall not exceed 100% of the aggregate amount of Monthly Costs that such non-Defaulting Participant was billed in its Billing Statement for the Month preceding such monthly Step-Up Invoice. 11.8.2 Step-Up Invoices shall be due and payable within twenty (20) Days of the receipt thereof, and payments to SCPPA with respect to Step-Up Invoices shall be separate from any other payments due under each SCPPA Participant's Power Sales Agreement, including but not limited to monthly Billing Statement payments. 11.9 Application or Moneys Rcceiked from 1')iep-Q12 Invoices Relating to (lie Prject. Moneys received by or on behalf of SCPPA from the payment of Step-Up Invoices relating to a Payment Default of a Participant shall be applied in the following manner. 11.9.1 All moneys received from the SCPPA Participants with respect to the amount of Monthly Costs as set forth in the Step-Up Invoices, shall be applied toward the Defaulting SCPPA Participant's Monthly Costs. 21 11.9.2 In the event a Participant pays less than the total amount of its Step-Up Invoice, such Participant shall be a Defaulting Participant and its partial payment shall be allocated first toward the Monthly Costs of the Defaulting SCPPA Participant. 11.10 Application of Moneys Received from Default Invoices. Moneys received by or on behalf of SCPPA from the payment of Default Invoices shall be credited on each non- Defaulting SCPPA Participant's next monthly Billing Statement or Billing Statements in an amount equal to the aggregate amount such non-Defaulting Participant paid as a result of Step-Up Invoices with respect to such Default Invoice, plus a pro-rata share, based upon the Participant Facility Output Cost Shares of the non-Defaulting SCPPA Participants, of the amount SCPPA received regarding late payment interest charges. In the event of a Defaulting Participant pays less than the full amount of its Default Invoice, the credit to each non-Defaulting Participant shall be adjusted in proportion to their Participant Facility Output Cost Shares. 11.11 Application of Moneys Received from Compliance Payments. Moneys received by or on behalf of SCPPA from a Defaulting SCPPA Participant that makes payments to remain in Compliance with respect to a Payment Default, associated with a Defaulting SCPPA Participant's payments to remain in Compliance, shall be credited on each non-Defaulting SCPPA Participant's next monthly Billing Statement(s) in an amount equal to the aggregate amount such non-Defaulting SCPPA Participant paid as a result of Step-Up Invoices with respect to such Compliance payment, plus a pro rata share, based upon the Participant Facility Output Cost Shares of the non- Defaulting SCPPA Participants, of the amount SCPPA received regarding late payment interest charges. 11.12 Application of Moneys Received from Sale of Facility Output. Moneys received by or on behalf of SCPPA from the sale of Facility Output related to a Defaulting SCPPA Participant's Project Rights and Obligations, as provided in Section 1 1.5.3 hereof, shall be applied in the following manner in order: 11.12.1 SCPPA shall credit on each non-Defaulting SCPPA Participant's next monthly Billing Statement(s) an amount up to, but not in excess of, the aggregate amount paid to SCPPA by such non-Defaulting SCPPA Participant with respect to each such non-Defaulting SCPPA Participant's Step-Up Invoices. 11.12.2 Following consultation with the non-Defaulting SCPPA Participants, SCPPA shall determine the disposition of any moneys received that are in excess of the aggregate amount of related Step-Up Invoices paid by non-Defaulting SCPPA Participants. Unless the Coordinating Committee determines otherwise, or except as otherwise required by law, the Defaulting SCPPA Participant shall have no claim or right to any such monies. 11.13 [RESERVED] 12. CHARACTER,CONTINUITY OF SERVICE. 22 12.1 Outages, Interruptions and Curtailment of Energy Deliveries. The Power Purchase Provider or other counterparty may under certain conditions set forth in the applicable provisions of a Project Agreement or other applicable operating agreement, interrupt or curtail deliveries of Facility Output to Purchaser under prescribed circumstances pursuant to the applicable provisions of a Project Agreement or other applicable operating agreement. Should such an interruption or curtailment occur Purchaser shall be credited with such revenues as are credited or paid to SCPPA on Purchaser's behalf and shall be obligated to pay any costs incurred by SCPPA attributable to Purchaser which are payable by SCPPA pursuant to the Power Purchase Agreement or any other applicable Project Agreement. SCPPA or the Project Manager (if other than SCPPA) or SCPPA's agent will use its best efforts to apprise Purchaser of potential outages, interruptions or curtailments, the reason therefor and the probable duration thereof, when such outages, interruptions or curtailments can be deemed likely to occur. 12.2 Uncontrollable Forces. SCPPA shall not be required to provide, and SCPPA shall not be liable for failure to provide, Facility Output or other service under this Agreement when such failure or the cessation or curtailment of or interference with the service is caused by Uncontrollable Forces or by the inability of the Power Purchase Provider or other applicable counterparty to obtain any required governmental permits, licenses or approvals to enable the Power Purchase Provider to acquire, administer or operate the Project; provided, however, that Purchaser shall not thereby be relieved of its obligations to make payments under this Agreement except to the extent SCPPA is so relieved pursuant to the Project Agreements. 13. [Reserved] 14. LIABILITY. 14.1 Participants' Obligations Several. Except as otherwise provided in Section 11 of this Agreement, Purchaser and each of the other SCPPA Participants shall be solely responsible and liable for performance under its respective Power Sales Agreement. The obligation of Purchaser to make payments under this Agreement is a several obligation and not a joint obligation with those of the other SCPPA Participants under the other Power Sales Agreements to which such SCPPA Participants are parties. 14.2 No Liabili!y of SCPPA, Directors, Officers, Etc. Each Party agrees that neither Party nor any of its directors, officers, employees and agents shall be liable to the other Party for loss of profits or direct or consequential loss or damage suffered by a Party as a result of the performance or non-performance (excluding gross negligence or willful misconduct which, unless otherwise agreed to by the Parties, are both to be determined and established by a court of competent jurisdiction in a final, non- appealable order)) of SCPPA or any of its directors, officers, employees or agents under this Agreement. To the fullest extent permitted by law, Purchaser releases SCPPA and its directors, officers, employees and agents from any claim or liability (whether negligent or otherwise) as a result of any actions or inactions of SCPPA under this Agreement. No such performance or non-performance by SCPPA shall relieve Purchaser from its obligations under this Agreement, including its obligation to make payments required under this Agreement, and such undisputed payments 23 shall not be subject to any reduction, whether by offset, counterclaim or otherwise. The provisions of this Section 14.2 shall not be construed so as to relieve SCPPA from any obligation under this Agreement. 14.3 Extent of Exculpation; Enforcement of Rights. The exculpation provision set forth in Section 14.2 hereof shall apply to all types of claims or actions including, but not limited to, claims or actions based on contract or tort. Notwithstanding the foregoing, Purchaser may protect and enforce its rights under this Agreement by a suit or suits in equity for specific performance of any obligations or duty of SCPPA and Purchaser shall at all times retain the right to recover, by appropriate legal proceedings, any amount determined to have been an overpayment by Purchaser in accordance with Section 7.4 hereof. 14.4 Indemnification for Claims of Retail Customers. Purchaser shall assume all liability for any claim, action or judgment, whether or not caused by negligence, arising out of or in connection with electric service to any of its retail customers caused by the operation or failure of operation of the Facility or any portion thereof, and shall indemnify and hold harmless SCPPA from any such claim, action or judgment (including reasonable attorneys' fees and other costs of defense). 14.5 Determination or Enforcement of Rights. Notwithstanding the provisions of Sections 14.2, 14.3 and 14.4 hereof, Purchaser or SCPPA may determine, protect and enforce its rights under this Agreement by a suit or suits in equity for specific performance of, or declaratory action with respect to, any obligation or duty hereunder or thereunder. 14.6 No Relief From Insurer's Obligations. Notwithstanding any provision in this Agreement to the contrary, including but not limited to the provisions in this Section 14, the provisions of this Section 14 shall not be construed or applied so as to relieve any insurer of its obligation to pay any insurance claims in accordance with any applicable insurance policy provided under the Project Agreements. 14.7 SCPPA Directors, Officers, Employees, Agents Not Individually Liable; No General Liability of SCPPA. It is hereby recognized and agreed that no member of SCPPA's Board of Directors, officer, employee or agent of SCPPA or member of SCPPA in its capacity as a member of SCPPA shall be individually liable in respect of any undertakings by SCPPA under this Agreement. The undertakings by SCPPA under the Power Sales Agreements shall never constitute a debt or indebtedness of SCPPA within the meaning of any provision or limitation of the Constitution or statutes of the State of California and shall not constitute or give rise to a charge against its general credit. 15. RESTRICTIONS ON DISPOSITION. 15.1 Assam. it is understood and agreed each SCPPA Participant (including Purchaser) may sell, assign or otherwise dispose of some or all of its Project Rights and Obligations to other SCPPA Participants or SCPPA members under the same terms and conditions as set forth in this Agreement, provided that each such other participating SCPPA member agrees in writing to be bound by the provisions of the Power Sales Agreement of the SCPPA Participant making such sale, assignment or 24 other disposition. In the event of such a sale, assignment or other disposition, SCPPA shall revise Appendix B to reflect the new Participant Facility Output Share allocation and such revision to Appendix B shall not be considered an amendment to any Power Sales Agreement. 15.2 Restrictions on Elimination of Payment Obligations. No sale, assignment or other disposition of Purchaser's Project Rights and Obligations to any Person ("Assignee") shall release Purchaser from its payment obligations under this Agreement; provided, however, such payment obligations may be eliminated or reduced if the sale, assignment or other disposition is made pursuant to Section 15.1 of this Agreement, or if (i) such Assignee shall assume and agree in writing to fully perform and discharge the Project Rights and Obligations under its Power Sales Agreement, (ii) such Assignee shall have a corporate or long-term senior unsecured credit rating of A- or higher by S&P or A 3 or higher by Moody's, unless otherwise provided by the Board of Directors, and (iii)the Board of Directors, by resolution, determines to eliminate or reduce such payment obligations, which determination shall not be unreasonably withheld. 15.3 Restrictions on Disposition of Purchaser's Entire System. Purchaser shall not sell, lease or otherwise dispose of all or substantially all of its electric system to any Person ("Acquiring Entity") unless the Acquiring Entity shall assume and agree to fully perform and discharge the Project Rights and Obligations under this Agreement, and such Acquiring Entity shall have a corporate or long-term senior unsecured credit rating not less than investment grade. 15.4 Successors and Assigns. Subject in all respects to Sections 11 and 15 hereof, the Project Rights and Obligations under this Agreement shall inure to the benefit of and shall be binding upon the respective successors and assigns of the Parties to this Agreement. 16. EFFECTIVE DATE,TERM AND EXPIRATION. 16.1 Effective Date: Execution in Counterparts. This Agreement shall become effective on the first Day when each and all of the following shall have occurred: (i)this Agreement shall have been duly executed and delivered by SCPPA and Purchaser, and (ii)the Power Purchase Agreement shall have been duly executed and delivered by SCPPA and the Power Purchase Provider. Once the Power Purchase Agreement has been executed and delivered as set forth above, SCPPA shall deliver a copy of the same to Purchaser. This Agreement may be executed in any number of counterparts, each of which shall constitute an original. 16.2 Termination Conditions. This Agreement shall be effective upon satisfaction of the conditions set forth in Section 16.1 and shall extend for the term specified in Section 16.3 unless earlier terminated pursuant to an express provision of this Agreement; provided, however, that any obligation to make payments by Purchaser or SCPPA or any outstanding liability of Purchaser or SCPPA hereunder which either exists or may exist as of the date of termination of this Agreement, or which comes into existence at any future time as a result of any activity or transaction implemented under this Agreement, shall survive such termination. 25 16.3 Expiration. The term of this Agreement shall begin on the Day this Agreement becomes effective pursuant to Section 16.1 hereof. Unless terminated earlier pursuant to Section 16.4, the term of this Agreement shall expire on the date on which the Power Purchase Agreement is terminated and all obligation(s) of the parties under the Power Purchase Agreement have been fully satisfied or otherwise adequate provision for satisfaction of such obligation(s) have been made and no other such obligation(s) under the Power Purchase Agreement is outstanding; provided, however, that in no event shall the term of this Agreement expire so long as the Power Purchase Agreement is of any force or effect. 16.4 Termination of Agreement before Expiration Date. Notwithstanding the expiration date set forth in Section 16.3 hereof, this Agreement shall terminate on the date, if any, by which SCPPA notifies Purchaser that this Agreement is superseded as a result of Purchaser having (i) succeeded to SCPPA's rights through another agreement or agreements, or (ii) entered into a replacement power sales agreement or other agreement with SCPPA. The purchase price and consideration to be paid to SCPPA by Purchaser with respect to any such superseding arrangement shall consist of the payments and satisfaction of all obligations by Purchaser under and pursuant to this Agreement prior to the effective date of the superseding arrangement plus any remaining costs or obligations incurred by SCPPA in connection with the Project. 16.5 Final Distribution of Reserve Fund. Following the expiration or earlier termination of this Agreement, and upon payment and satisfaction of any and all liabilities and obligations to make payments of the SCPPA Participating Members under this Agreement and upon satisfaction of all remaining costs and obligations of SCPPA under this Agreement and in connection with the Facility, any amounts then remaining in the Reserve Fund shall be paid to the SCPPA Participating Member pro rats in accordance with their respective Participant Facility Output Share. 17. SEVERABILITY. In case any one or more of the provisions of this Agreement shall for any reason be held to be illegal or invalid by a court of competent jurisdiction, it is the intention of each of the Parties hereto that such illegality or invalidity shall not affect any other provision hereof, but this Agreement shall be construed and enforced as if such illegal or invalid provision had not been contained herein unless a court holds that the provisions are not separable from all other provisions of this Agreement. 18. REPRESENTATION AND GOVERNING LAW. The Parties acknowledge that each Party was represented by counsel in the negotiation and execution of this Agreement. This Agreement was made and entered into in the County of Los Angeles, California, and shall be governed by, interpreted and enforced in accordance with the laws of the State of California. All litigation arising out of, or relating to this Agreement, shall be brought in a State or Federal court in the County of Los Angeles, State of California. The Parties irrevocably agree to submit to the exclusive jurisdiction of such courts in the State of California and waive any defense of forum non conveniens. 19. ARBITRATION AND ATTORNEYS' FEES. If a dispute arises between the Parties which the Coordinating Committee or the Board of Directors is unable to resolve, the Parties may by mutual agreement submit the dispute to mediation or non-binding arbitration. With respect to any such dispute the Parties agree that each Party shall bear its own attorneys' fees 26 and costs. Notwithstanding the foregoing, Purchaser and SCPPA recognize and agree that SCPPA's attorneys' fees associated with any matter relating to the Project or this Agreement, including any dispute relating thereto, shall constitute a Project cost which shall be allocated and billed as set forth in Sections 4 and 7 of this Agreement. 20. CONDITIONS TO TERMINATION OR AMENDMENT. Except for a reduction or termination pursuant to Section 21 of this Agreement, neither Party may terminate this Agreement without the prior written consent of the other SCPPA Participants. The Project-related power sales agreements of any SCPPA Participant may not be amended so as to provide terms and conditions materially different from the Project-related power sales agreements of the other SCPPA Participants, unless the SCPPA Participant seeking the amendment obtains a written consent or waiver of the other SCPPA Participants. 21. EARLY TERMINATION FOR FAILURE TO OBTAIN CEC CERTIFICATION. Upon the occurrence of any of the events described in Section 2.4(f) of the Power Purchase Agreement, Purchaser may send a notice to SCPPA stating its desire to terminate some or all of its respective Participant Facility Output Share and associated Participant Facility Output Cost Share ("Reduction/Termination Notice"). Such Reduction/Termination Notice shall identify its current Participant Facility Output Share and the new, reduced Participant Facility Output Share and the corresponding reduction in its Participant Facility Output Cost Shares, or otherwise provide for the SCPPA Participant's desire to terminate this Agreement. Upon receipt of such notice, SCPPA shall provide notice to the Power Purchase Provider of the reduction (or termination), as applicable; provided, however, that SCPPA shall first provide a copy of the Reduction/Termination Notice to all other SCPPA Participants promptly but no later than three (3) business days after SCPPA's receipt of the Reduction/Termination Notice. Upon the effectiveness of such reduction or termination of Contract Capacity under the Power Purchase Agreement, Purchaser's Participant Facility Output Share and Participant Facility Output Cost Share shall be permanently reduced or terminated, as applicable, in accordance with the Reduction/Termination Notice. Appendix B of this Agreement and any remaining power sales agreements of other Project Participants shall be updated and revised in accordance with Section 10.2 of this Agreement to reflect the changed Participant Facility Output Shares and Participant Facility Output Cost Shares of Purchaser; provided however, this Agreement shall terminate if the Reduction/Terminate Notice provides for Purchaser's request to terminate this Agreement and Appendix B of any remaining power sales agreement shall be updated to reflect this change all in accordance with Section 10.2 of this Agreement. 22. NOTICES. Any notice, demand or request provided for in this Agreement shall be in writing and shall be deemed properly served, given or made if delivered in person or sent by registered or certified mail, postage prepaid, to the persons specified below: Southern California Public Power Authority Attention: Executive Director 1160 Nicole Court Glendora, California 91740 Vernon Public Utilities Department Attention: General Manager 4305 Santa Fe Avenue 27 Vernon, California 90058 23. AMENDMENTS. The Parties acknowledge and agree that any amendment to this Agreement shall be in writing and duly executed by the Parties. (SIGNATURE PAGE FOLLOWS] 28 IN WITNESS WHEREOF, the Parties hereto have duly caused this Agreement to be executed on their respective behalves by their duly authorized representatives. SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY By: Michael S. Webster Executive Director Approved as to Legal Form and Content: Daniel S. Hashimi Senior Assistant General Counsel CITY OF VERNON By: Attest: 29 APPENDIX A DEFINITIONS The following terms, whether in the singular or the plural, and initially capitalized, shall have the meanings specified below: 1. Act. All of the provisions contained in the California Joint Exercise of Powers Act found in Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, beginning at California Government Code Section 6500 et seq., as amended from time to time. '. Ancillary Documents. "Ancillary Documents" shall mean the Ancillary Documents as defined in the Power Purchase Agreement. 3. Annual Budget. The budget adopted by SCPPA pursuant to Section 5.4.1 of this Agreement not less than thirty (30) Days nor more than sixty (60) Days prior to the beginning of each Power Supply Year, including any amendments thereto, which shall show a detailed estimate of the Total Power Costs under this Agreement and all credits, charges, revenues, income, or other funds to be applied to such costs, for and applicable to such Power Supply Year. 4. Balancing Agent. `Balancing Agent" shall have the meaning set forth in Section 9.5. 5. Billing Statement. The written statement prepared or caused to be prepared each Month by, or on behalf of, SCPPA which shall be based upon certain of the information in the Annual Budget and shall show for such Month the amount to be paid to SCPPA by Purchaser in accordance with the provisions of Section 7 of this Agreement. 6. Board of Directors. The Board of Directors of the Southern California Public Power Authority. 7. Commercial Operation. "Commercial Operation" shall have the definition set forth in the Power Purchase Agreement. 8. Compliance. Following a Payment Default, the Defaulting Purchaser shall be in compliance with its payment obligations under this Agreement if it (i) no later than the last Day of the Cure Period fully pays all amounts owed as reflected in any Default Invoice; (ii) pays any monthly Billing Statement which comes due during the Cure Period; and (iii) replenishes any reduction made to the Reserve Funds as a result of any Payment Default. 9. Consent Agreements. All consents to assignments and all agreements relating thereto entered into with any lender, financial institution or other Person for the purpose of consenting to the assignment of the rights or securing the obligations of the Power Purchase Provider under the Power Purchase Agreement, and all consents or agreements relating to a Change in Control (as defined in the Power Purchase Agreement) under Section 14.7(e) of the Power Purchase Agreement_ 10. Cure Period. That period of time beginning on the date of a Payment Default and concluding thirty(30) Days thereafter. A- I - IL Cured Payment Default. A Payment Default which has been cured in accordance with Section 11.3 of this Agreement. If at any time during the Cure Period the Defaulting Purchaser is in Compliance, then the requirements of a Cured Payment Default shall be deemed to have been satisfied as of the date of receipt of such payments by SCPPA and the Cure Period shall expire. 12. Daily Delay Damages. Daily Delay Damages shall have the definition set forth in the Power Purchase Agreement. 13. DDa . "Day"means calendar Day unless otherwise specified herein. 14. Default Invoice. An invoice during the Payment Default Period and the Cure Period issued to the Defaulting Purchaser pursuant to Section 11 of this Agreement that identifies the total defaulted amount owed, including late payment interest,to achieve a Cured Payment Default. During the Cure Period, the Default Invoice shall also include the amount that must be paid to achieve Compliance. 15. Defaulting Purchaser. "Defaulting Purchaser" means Purchaser, where Purchaser has caused a Payment Default under Section I L I of this Agreement that has not been remedied or cured. 16. Defaulting SCPPA Participant. A Participant (not including Purchaser) that causes a Payment Default under its Power Sales Agreement that has not been remedied and where the Defaulting Participant has not been remedied or cured. 17. Delivery Output Cost Com nent. "Delivery Output Cost Component" is defined in Section 4.3.1. 18. Dynamic Scheduling_ "Dynamic Scheduling" shall mean the automated scheduling of Energy from the Point of Delivery to Purchaser's control area or electric system, provided that said dynamic schedules adjust at four second intervals, or other intervals as specified by WECC, to match the amount of Energy actually delivered to the Point of Delivery from the Facility. 19. Enemy. "Energy" shall have the same definition as in the Power Purchase Agreement. 20. Environmental Attributes. "Environmental Attributes" shall have the definition set forth in the Power Purchase Agreement. 21. Facility. "Facility" shall have the same definition as the Power Purchase Agreement. 22. Facilj1y Output. All output, rights, and other tangible or intangible benefits derived from the Facility, whatsoever, including without limitation ail Energy and Environmental Attributes, whether received by SCPPA under or pursuant to the Power Purchase Agreement or other applicable Project Agreement. 23. Fiscal Year. The twelve-month period commencing at 12:01 a.m. on July I of each year and ending at 12:01 a.m. on the following July 1, or such other time frame as determined by the Board of Directors. 24. Force Majeure. "Force Majeure" shall have the definition set forth in the Power Purchase A- 2 - Agreement. 25. Guaranteed Generation. "Guaranteed Generation" shall have the meaning provided in the Power Purchase Agreement. 26. Initial Payment Default Date. The earlier of(i)the end of the fifth Day following the first Payment Default for which no remedy in payment has occurred and been received by SCPPA, or (ii)the last Day of the Month in which the first Payment Default has occurred for which no remedy in payment has occurred and been received by SCPPA. 27. Joint Powers Agreement. The "Southern California Public Power Authority Joint Powers Agreement" dated as of November 1, 1980, as amended and modified from time to time, entered into pursuant to the provisions of the Act, among SCPPA and its members. 28. Month. A calendar month. 29. Monthly. "Monthly Costs" is defined in Section 4.5. 30. Moody's. "Moody's" shall mean Moody's Investor Services, Inc. 31. Operating Budget. The operating budget approved by the Board of Directors which shall show a detailed estimate of Total Power Costs for a Power Supply Year and all revenues, income or other funds to be applied to Total Power Costs for and applicable to such Power Supply Year. 32. Operating Reserve Depletion Date. The date that is two Months prior to the date on which SCPPA anticipates, assuming continued Payment Defaults by the Defaulting Purchaser, that the moneys in the operating reserve account held at any time by SCPPA will be fully depleted; provided, however, if as of the date on which a Payment Default occurs SCPPA determines that the moneys in the operating reserve account held by SCPPA will be fully depleted in less than two Months (or currently are fully depleted), then the Operating Reserve Depletion Date shall be deemed to have occurred when such a Payment Default occurs. 33. Participant Facility Output Cost Share. With respect to a particular SCPPA Participant, the percentage of SCPPA costs under this Agreement payable by such SCPPA Participant, as set forth for such Participant in Appendix B of this Agreement. 34. Participant Facility Output Share. With respect to a particular Participant and during each Power Supply Year, the percentage entitlement, as set forth for such Participant in Appendix B of this Agreement, of the Facility Output delivered at the Point of Delivery. 35. Payment Default. A failure by the Purchaser to pay when due all of its Billing Statement for any Month. 36. Payment Default Period. That period of time beginning on the initial date of a Payment Default and ending thirty (30) Days following a notice of default as provided in accordance with Section 11.2 hereof. 37. Person. "Person" means any individual, corporation, partnership, joint venture, limited liability company, association, joint stock company, trust, unincorporated organization, A- 3 - entity, government or other political subdivision. 38. Point of Delivery. Point of Delivery shall have the definition set forth in the Power Purchase Agreement. 39. Power Purchase Agreement. The Power Purchase Agreement between Southern California Public Power Authority and Desert Harvest I1, LLC, dated as of December 21, 2017, attached hereto as Appendix C, as the same may be amended from time to time. 40. Power Purchase Agreement. The Power Purchase Agreement, the Ancillary Documents, and all other agreements associated with the Facility. The Power Purchase Agreements shall also include any instrument or form of security which affords any opportunity for the purchase of the Facility or acquisition, whether through foreclosure or otherwise, including any mortgage, lease, assignment, beneficial interest, collateral instrument or other device or mechanism providing for the ability to acquire the Facility. 41. Power Purchase Agreement General and Administrative Cost CornWrient. "Power Purchase Agreement General and Administrative Cost Component" is defined in Section 4.3.2. 42. Power Purchase and Security Agreements Cost Component. "Power Purchase Cost Component" is defined in Section 4.3.5. 43. Power Purchase Provider. Desert Harvest II LLC, as the counterparty to SCPPA under the Power Purchase Agreement (or Maverick Solar 2, LLC if the assignment provisions of Section 3.1 of the Power Purchase Agreement is exercised by Power Purchase Provider), and any other entity named under any applicable operating agreement to operate or otherwise run or manage the Facility, along with each of their successors, or any successors or assigns to the rights of these entities. 44. Power Supply Year. The Fiscal Year, except that the first Power Supply Year shall begin on the first to occur of(i)the date SCPPA is obligated to pay any portion of the costs of the Project, (ii)the date of Commercial Operation of the Facility, or (iii) the date of the first delivery of Energy to Purchaser pursuant to this Agreement. The first Power Supply Year shall end on the last Day of the then current Fiscal Year. 45. Project. The term "Project" means the Desert Harvest Project or Maverick Project, as appropriate, and shall be broadly construed to entail the aggregate of rights, liabilities, interests and obligations of SCPPA pursuant to the Power Purchase Agreements and the other Project Agreements, including but not limited to all associated rights, liabilities, interests and obligations; provided, that for purposes of this Agreement it shall be limited to those rights, liabilities, interests and obligations acquired or undertaken by SCPPA in the Power Purchase Agreement and the Project Agreements associated with that agreement. The term Project shall also include those rights, liabilities, interests or obligations necessary or appropriate to carry out the functions specified in Section 6 and to utilize or deliver the Energy of the Facility as specified in Section 9. 46. Project Agreements. Insofar as they pertain to this Project, any project management agreement, the Power Sales Agreements, each of the Power Purchase Agreement, the Ancillary Documents or any other contracts for the purchase, procurement, delivery or A-4 - transmission of Facility Output, or any other agreements for scheduling, dispatching, exchanging, tagging, movement or transmission of Facility Output, or agreements to which SCPPA is a party relating to the administration or management of the Project. 47. Project Manager. SCPPA in its capacity as Project Manager or a designee or designees appointed by SCPPA to carry out SCPPA's responsibilities as Project Manager under this Agreement. 48. Pro'ec]_ t Rights. All rights and privileges of the Purchaser under this Agreement, including but not limited to its right to receive its Participant Facility Output Share under this Agreement. 49. Project Rights and Obligations. The Purchaser's Project Rights and obligations under the terms of this Agreement. 50. Reserve Fund Cost Component. "Reserve Fund Cost Component" is defined in Section 4.3.4. 51. Reserve Funds. Those reserve accounts deemed appropriate to afford a reliable source of funds for the payment obligations of the Project and, taking into account the variability of costs associated with the Project for the purpose of providing a reliable payment mechanism to address the ongoing costs associated with the Project. 52. S&P. "S&P" shall mean Standard &Poor's Financial Services LLC. 53. SCPPA Participants. Those entities that have executed a power sales agreement for the Project, together in each case with each entity's successors or assigns, identified as "SCPPA Participants" in Appendix B of this Agreement. 54. Shortfall Damages. "Shortfall Damages" shall mean "GEP Shortfall Damages" as defined set forth in the Power Purchase Agreement 55. Test Enemy. "Test Energy" shall have the definition set forth in the Power Purchase Agreement. 56. Step-Up Invoice. An invoice sent pursuant to Section 11.8.1 to a non-Defaulting Participants a result of one or more Payment Defaults, which invoice shall separately identify any amount owed with respect to the monthly Billing Statement of one or more Defaulting SCPPA Participants for Total Power Costs reflected in the Defaulting SCPPA Participant(s) unpaid monthly Billing Statement. A-5 - 57. Supplementary Services. Those services in connection with the delivery of Energy involving additional transmission, interconnection arrangements, energy management, firming, shaping, energy balancing, dispatching, tagging, scheduling, Dynamic Scheduling, transmitting, interconnecting, swapping, exchanging or other services associated with the transmission, use or disposition of Facility Output to be utilized by the Purchaser under this Agreement, and to otherwise provide for delivery and facilitate the disposition, movement, taking, receiving, accounting for, transferring and crediting the transfer of Facility Output from the Point of Delivery to any other points or destinations, as determined by the Purchaser. Supplementary Services include but are not limited to delivery point swaps, stranded energy/transmission curtailments, tiepoint liquidity improvement, transmission loss savings, tiepoint price spread optimization, on-peak/off-peak exchanges, peak shifting exchanges, seasonal exchanges, and both simultaneous or non-simultaneous green energy exchanges. 58. Supplementary Services Cost Component. "Supplementary Services Cost Component" is defined in Section 4.3.3. 59. Total Power Costs. "Total Power Costs" has the meaning described in Section 4.3. 60. Transmission S, sy tem. "Transmission System" shall have the meaning set forth in the Power Purchase Agreement. 61. Uncontrollable Forces. Any Force Majeure event and any cause beyond the control of any Party, and which by the exercise of due diligence such Party is unable to prevent or overcome, including but not limited to, failure or refusal of any other Person to comply with then existing contracts, an act of God, fire, flood, explosion, earthquake, strike, sabotage, pestilence, an act of the public enemy (including terrorism), civil or military authority including court orders, injunctions and orders of governmental agencies with proper jurisdiction or the failure of such agencies to act, insurrection or riot, an act of the elements, failure of equipment, a failure of any governmental entity to issue a requested order, license or permit, inability of any Party or any Person engaged in work on the Project to obtain or ship materials or equipment because of the effect of similar causes on suppliers or carriers. Notwithstanding the foregoing, Uncontrollable Forces as defined herein shall also include events of Force Majeure pursuant to the Power Purchase Agreement, as defined therein. 61 WECC. The Western Electricity Coordinating Council or its successor. A- 6- APPENDIX B' DESERT HARVEST OR MAVERICK SOLAR PROJECT POWER SALES AGREEMENT SCHEDULE OF SCPPA PARTICIPANTS, PARTICIPANT FACILITY OUTPUT SHARES, PARTICIPANT FACILITY OUTPUT COST SHARES PARTICIPANTS PARTICIPANT PARTICIPANT FACILITY OUTPUT FACILITY OUTPUT SHARES COST SHARES City of Anaheim 51.42857% 51.42857% City of Burbank 31.42857% 31.42857% City of Vernon 17.14286% 17.14286% TOTAL 100.00% 100.00% Appendix B may be revised in accordance with the provisions of Section 10.2 of this Agreement. B- 1 - APPENDIX C POWER PURCHASE AGREEMENT C- l -