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20190305 Regular City Council Meeting - PacketCalifornia 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. c ityo fvemon. 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 Tuesday, March 05, 2019, 09:00 AM City Hall, Council Chamber 4305 Santa Fe Avenue Vernon, California Yvette Woodruff -Perez, Mayor William J. Davis, Mayor Pro-Tem Luz Martinez, Council Member Leticia Lopez, Council Member Melissa Ybarra, 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. PRESENTATION Public Works 2049 Used OR Calendar Awards Presentation Recommendation: No action required by City Council This is a presentation only. 1. Contest Winners' Prize List 2. Finance/ Treasury City of Vernon Pension and Other Post Employment Benefits Briefmg Page 1 Regular City Council Meeting Agenda March 05, 2019 Recommendation: No action required by City Council This is a presentation only. 1. Pension and OPEB Presentation 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. 3. City Clerk Claim for Damages from Ismael Martins received on February 25, 2019 Recondation: A. Receive and File 1. Claim for Damages: L Martins 2-25-2019 4. City Clerk Minutes of the Regular City Council Meeting Held on February 19, 2019 Recommendation: A. Receive and File 1. 2019-02-19 City Council Minutes 5. City Administration Council Conference Attendance Report Recommendation: A. Find that receiving this Council Conference Attendance Report 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. Receive and file. 6. Finance/ Treasury Approval of Operating Account Warrant Register No. 17 Covering the Period of February 12 through February 25, 2019 Recommendation: A. Approve Operating Account Warrant Register No. 17 which totals $10,102,587.49 and consists of the following: 2 Page 2 Regular City Council Meeting Agenda March 05, 2019 1) Ratification of electronic payments totaling $9,725,403.10. 2) Ratification of the issuance of early checks totaling $352,062.72. 3) Authorization to issue pending checks totaling $25,121.67. 1. Operating Account Warrant Register No. 17 7. Police Department Vernon Police Department Activity Log and Statistical Summary for the period of February I through February 15, 2019 Recommendation: A. Receive and file. 1. Police Department Activity Report - 02/01/19 to 02/15/19 Public Works Approval of a Contract between the City of Vernon and West Coast Arborists, Inc. for the Urban Forest Management Services Project (Contract CS-1022) Recommendation: A. Find that entering into the proposed contract for Urban Forest Management Services is exempt under the California Environmental Quality Act (CEQA) in accordance with (a) CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment and (b) Section 15301, because the proposed service involves an existing project with negligible or no expansion of use; and B. Approve and authorize the execution of a three (3) year contract with West Coast Arborists, Inc., in substantially the same form as submitted herewith, for the Urban Forest Management Services Project (Contract CS-1022) in an amount not to exceed $290,896 with an effective date of April 1, 2019 for the provision of maintenance, removal, and replacement of trees within the City's urban forest. 1. WestCoast Labor and Materials Contract CS-1022 9. Public Works Approval of Master Encroachment Agreement No. 434 with Crown Castle Fiber, LLC Recommendation: A. Find that the approval of the Master Encroachment Agreement is exempt under the California Environmental Quality Act (CEQA), in accordance with CEQA Guidelines Section 15061 (b)(3), the general rule that CEQA only applies to projects, which have the potential for causing a significant effect on the environment.; and B. Approve Master Encroachment Agreement No. 434 between the City of Vernon and Crown Castle Fiber, LLC, in substantially the same form as submitted herewith; and 3 Page 3 Regular City Council Meeting Agenda March 05, 2019 C. Authorize the City Administrator to execute Master Encroachment Agreement No. 434 with Crown Castle Fiber, LLC with an effective date of March 5, 2019. 1. Master Encroachment Agreement No. 434 ORAL REPORTS City Administrator Reports — brief reports on activities and other brief announcements by the City Administrator and Department Heads. City Council Reports — briefAB1234 reports, or report on: activities, announcements, or directives to stag CLOSED SESSION 10. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE Government Code Section 54957 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 28th day of February, 2019. In Maria E. Ayala. City Clerk 4 Page 4 City Council Agenda Item Report Agenda Item No. COV-59-2019 Submitted by: Claudia Arellano Submitting Department: Public Works Meeting Date: March 5, 2019 SUBJECT 2019 Used Oil Calendar Awards Presentation Recommendation: No action required by City Council. This is a presentation only. Background: Annually, an art contest is held for the Vernon City Elementary School Fifth Grade students. Works of art from the contest are used in the City of Vemon's Used Oil Recycling Calendar. The 2019 calendar includes winning artwork from 12 students. The Fifth Grade class, Teachers, and the school Principal will be in attendance for the awards presentation for the 12 student -winners, and special recognition of each student participating in this year's contest, as well as the generous Vernon Businesses that sponsored this contest. The Business sponsors provide funds for the printing of the calendars, students' trophies and prizes. The following students' artwork is featured on the 2019 City of Vernon Used Oil Recycling Calendar: Giovanni Martinez Alizay Vazquez Jayla Lopez Alexa Gonzalez -Hernandez Briana Barajas Adryn Corea Michelle Lopez Katering Sanchez Abigail Mitchell Brianna Barrera Monica Melchor Cynthia Miranda The talented prize winners of this year's artwork contest are: Second Prize: Jayla Lopez First Prize: Alizay Vazquez Grand Prize: Giovanni Martinez We are also recognizing the 5th grade teachers and Principal from the Vernon City Elementary School for their support of the Used OR Calendar Program: 5 Mrs. Quon Mr. Trujillo Principal Diane Espino In addition, we will be presenting appreciation plaques to the following businesses for supporting the program and providing the funds for the calendar printing, gifts and medals: PRINTING SPONSOR Smithfield Foods, Inc. PLATINUM SPONSOR Baker Conmiodities GOLD SPONSOR World Oil SILVER SPONSORS C.R. Laurence Co., Inc. Torrance Logistics Company LLC Strategic Materials Alpert & Alpert BRONZE SPONSOR Athens Disposal Company, Inc. Norman Fox & Co. Fiscal cal Impact: There is no fiscal impact. All costs incurred in this program are covered by generous donations from Vernon Businesses. A grant received for $5,000 from CalRecycle is used to manage the program and is applied to the contract between the City and KJ Services Environmental Consulting annually. ATTACHMENTS • 1. Contest Winners' Prize List R 2019 City of Vernon Used Oil Art Contest Winners' Prize List Honorable Mention Prize winners will each receive the following: Award Medal 2 Regal Movie Theater Tickets $25 McDonald's Gift Card $25 Target Gift Card Honorable Mention Winners: Alexa Gonzalez -Hernandez Briana Barajas Adryn Corea Michelle Lopez Katering Sanchez Abigail Mitchell Brianna Barrera Monica Melchor Cynthia Miranda Our 2°a Prize and 11 Prize winners will each receive the following: Award Medal 2 Regal Movie Theater Tickets $25 McDonald's Gift Card $50 Target Gift Card 2nd Prize Winner — Jayla Lopez 1st Prize Winner — Alizay Vazquez Our 2019 Grand Prize winner will receive the following: Award Medal 2 Regal Movie Theater Tickets $25 McDonald's Gift Card $75 Target Gift Card Grand Prize Winner — Giovanni Martinez 7 Teachers Mrs. Quon & Mr. Trujillo will each receive a $250 Staples Gift Card Principal Diane Espino will receive a $250 Staples Gift Card Thank you to our 2019 Used Oil Calendar Poster Sponsors: Bronze Sponsor: Athens Disposal Company, Inc. Silver Sponsors: CR Laurence Torrance Logistics Strategic Materials Alpert & Alpert Gold Sponsors: World Oil Platinum Sponsor: Baker Commodities Printing Sponsor: Smithfield Foods 1.1 City Council Agenda Item Report Agenda Item No. COV-106-2019 Submitted by: William Fox Submitting Department: Finance/ Treasury Meeting Date: March 5, 2019 SUBJECT City of Vernon Pension and Other Post Employment Benefits Briefing Recommendation: No action required by City Council. This is a presentation only. Background: This presentation is to provide an update on the City of Vernon!s pension and Other Post Employment Benefit Obligations. There are six topics to be covered as follows: 1) Status of Government pensions nation wide; 2) CalPERS Pension Fund; 3) City of Vernon pension plans; 4) City of Vernon Other Post Employment Benefits (OPEB), 5) pension reforms; and 6) conclusion. Fiscal Impact: This agenda item is informational only. There is no fiscal impact. ATTACHMENTS • 1. Pension and OPEB Presentation R Pension and OPEB Discussion City of Vernon City Council Meeting March 5, 2019 10 Overview lo- Status of Government Pensions Nation Wide 1� CaIPERS Pension Fund City of Vernon Pension Plans City of Vernon Other Post Employment Benefits (OPEB) 0o. Pension Reforms ► Conclusion 11 Nationwide Government Pensions Funding Level Trend Aggregate public sector pension funding, FY 2001-20156 100% 80% 60% 40% 20% 0% 2001 2003 2005 2007 2009 2011 2013 2015 12 State Run Pension Plans Funding Levels Fu ure I Funded Ratios for State Pertsicrn Darts+ 2016 Only 4 status had at least 90 of the assets r�eeded to pay pr onn i sed berref it s 1 1 1 1 1 1 1 U- . ■ a.--EQW 601.11• 0 tct-641�6 0 -7o-79,Y., = :DO-841d, :0 90-1001* 66% average / N t-L— Percentages n-flect 2016 Gcwerrrmc-ntal AcrzauntViS Standards Bo6wd rep4rU"g standards. Sciumvs Com:p�r# I cm,ve z r1 nual I •nand a I rep,G ,c#5. at k Uari M rt. Co-ort% and watuations. E their p u b11c documents, or as prcwdded byr pl e n ofl+c iaEs u 2016 The Pew Cfrantabke Tr usts CaIPERS Retirement System ► The largest State Pension Fund in the United States or Total Number of Participating Agencies 2)892 Public Agencies 11579 School Districts Et Charter Schools 11313 ► 2017-18 Funded Status 71% 14 Investments (PERF*) Total Fund Market Value &Total Net Investment Return` 10-year Review (for FY end 6/30) (in billions) (%) 2018 $354.0 8.6% 2017 $326.4 11.2% 2016 $302.0 0.6% 2015 $3 01.9 2.4% 2014 $300.3 18.4% 2013 $257.9 13.2% 2012 $233.4 0.1% 2011 $237.5 21.7% 2010 $200.0 13.3% 2009 $180.9 (24.0% ) 15M Public Employees` Retirement Fund (PERF) ** Net time -weighted rate of returns Shared Responsibility Every dollar paid to CAPERS retirees comes from three sources: Investment earnings 591 CAPERS employers CaIPERS members 134 CaIPERS Sources of Employer Contributions Total Employer Contributions $19.9 bil School districts and Charter Schools $2.1 billion / 12% State of California $11.7 billion* / 54% Public agencies $6.1 billion / 34% * Amount includes an additional $6 billion dollar contribution by the state. Discount Rate Changes 2017-18* (State) . . . . . . . . . . 7.5% 7.375% 2018-19* (School/PA) . . . . . . . 7.5% 7.375% 2018-19* (State) . . . . . . . . 7.375% ---o- 7.25% 2019-20* (School/PA) . . . . . . 7.375% � 7.25% 2019-20* (State) . . . . . . . . .7.25% 7.0% 2020-21* (School/PA) . . . . . . . 7.25% 7.0% 2012 . . . . . . . . . . . . . . .7.75% 7.5% 2004. . . . . . . . . . . . 8.25% 7.75% FY required contribution Note: When CaIPERS lowers their discount rate this means they are forecasting lower investment income earned on their portfolio of assets. This then creates a larger unfunded liability to participating member agencies. California Public Employees Pension Reform Ac (PEPRA) ► The California Public Employees' Pension Reform Act (PEPRA), which took effect in January 2013, changes the way Ca[PERS retirement and health benefits are applied, and places compensation limits on members. The greatest new Ca[PERS members. As defined by PEPRA, a new member includes: impact is felt by A member who joined CaIPERS prior to January 1, 2013, who, on or after January 1, 2013, is hired by a different CaIPERS employe following a break in service of more than six months. A new hire who joined CaIPERS for the first time on or after January, 1, 2013, and who has no prior membership in another California public retirement system. A new hire who joins CaIPERS for the first time on or after Januar 1, 2013, and who was a member of another California public retirement system prior to that date, but who is not subject to reciprocity upon joining CaIPERS. Public Employees Pension Reform Act (PEPRA) Eli mi nation of "Air Time" which allowed employees to purchase up to 5 years of pension service credit. ► Prohibition of Contribution Holidays where agencies could skip pension contributions. ► Prohibition of Retroactive Benefit Enhancements. Any changes are applied on a going forward basis. E Agencies not allowed to pay any part of the required employee pension contributions for PEPRA employees. 20 Public Employees Pension Reform Act (PEPRA) Retirement Benefit Formulas Reduced Classic Employees - Hired before 2013 Safety Non -Safety 3.0% C 50 2.7% C 55 PEPRA Employees - Hired 2013 and later Safety Non -Safety 2.7% C 57 2.0% C 62 Cap on Pensionable Compensation Classic Employees No cap if hired before 1996 Hired 1996 or after $280,000 PEPRA Employees Non -Social Security Agency cap is $149,016 Social Security Agency cap is $124,180 21 Vernon CalPERS Pension Plans Classic Employees: In Service Before 2013 Safety Non -Safety 3.0% @ 50 2.7% @ 55 PEPRA Employees: In Service After 2013 Safety Non -Safety 2.7% @ 57 2.0% @ 62 $300.0 $200.0 $100.0 4 Vernon Pension Assets Et Liabilities FY2018 Pension Plan Balances $119.7 $250.2 $153.8 Assets Liabilities 0 Safety . Miscellaneous $34.1 i Ir Deficit Vernon Pension Liability Three Year Trend (in $Millions) Fiscal Safety Miscellaneous Liability Year Plan Plan Amount Funded 2016 $55.7 $20.8 � 16.5 78.15% 2017 $66.0 $29.2 $95.2 73.91% 2018 $75.6 $34.1 $109.7 72.85% ► Note: As CaIPERS continues to lower their discount rate on investment earnings of the pension fund assets the % of Vernon's pension funding continues to decrease. 24 Vernon Pension Rates Charged By CaIPERS 80.000% 70.000% 60.000% 50.000% 40.000% 30.000% 20.000% 10.000% 0.000% O� O N m Ln cG N w m O N M Ln cG N w Ct O+ -i N m Ln w N w m O N m 4 u7 w N w m O I� 00 00 00 00 00 00 CO 00 00 CO O] 61 61 07 67 Q7 07 61 Q7 07 O O O O O O O O O O r-I r-I r-I r-I r-I r-I r-I rl r-I rl N � Qt Qt � Qt Qt 8� Qt Qt d'� Qt � 81 6� Qt 8� Qt Qt 61 Qt Qt 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 +--� ri ri ri ri ri ri ri +--� ri ri ri ri ri +--� ri ri ri ri ri ri N N N N N N N N N N N N N N N N N N N N N Misc. - Classic Misc. - PEPRA —Safety - Classic Safety - PEPRA ir. FAV CaIPERS Pension Rate Comparison 2019 vs 2020 Miscellaneous - Classic Miscellaneous - PEPRA 8.00% 8.00% 26.26% 28.64% FY2019 = 34.26% FY2020 = 36.64% Employer Employee Safety - Classic 9.00% Wx1z1YA I.7xtr� 49.31% 40.00% 35.00% 30.00% 25.00% 20.00% 15.00% 10.00% 5.00% 0.00% 80.00% 70.00% 60.00% 50.00% 40.00% 30.00% 20.00% 10.00% 0.00% 5.75% 5.75% 26.26% 28.64% FY2019 = 32.01% FY2020 = 34.39% Employer Employee Safety - PEPRA 12.00% 56.53% FY2019 = 58.31% FY2020 = 65.53% FY2019 = 60.31% FY2020 = 68.53% Employer Employee Employer Employee 17 Vernon Workforce By Employee Pension Classifications Hiring Safety Miscellaneous Category Employees Employees PEPRA: In Service 12 2013 and later Classic: In Service 87 Before 2013 Totals 99 154 Total Employees MA 201 of the Workforce 20. 6% 79.4% 100.0% • In six years 20.6% of the workforce has turned over and is now composed of PEPRA employees. • As Classic employees retire a major portion of the new hire employees are expected to be PEPRA employees who have lower pension rates. 27 Vernon OPEB Plan • Benefit derived based upon labor negotiation process • Covers Retiree Medical Benefits • Currently 344 plan participants ➢ 263 Active Eligible Employees ➢ 81 Retired Employees • Miscellaneous Employees monthly amount is reduced when Medicare applies at the age of 65 Employee Years of Retirement Monthly Spouse Group Service Age* Amount Eligibility Police 50 $19100 Yes Fire 50 $1,100 Yes Miscellaneous 60 100% Premium No Classic Employees retirement ages reflected. Vernon Unfunded OPEB Liability ($Millions) Fiscal Year Safety Non -Safety Total 2016 $40.2 $15.4 $55.6 2017 $26.0 $ 9.9 $35.9 2018 $26.4 $ 9.9 $36.3 Note: 2017 Decrease due to change in assumptions for discount rates applied, eligibility, City contributions and future medical and dental cost increases. 29 National League of Cities Survey Results on Pension Reforms City Pension Reforms 2009-2oi6 Increased employee contribution rate Changed plan design Reduced benefits Reduced COLA Increased eligibility requirements Increased vesting period Other 7 0 7% 22% 17% Percentages do not add to 700 as cities were able to 21 select all applicable reform options, Three Types of Pension Plans Types of Plan Designs Defined Benefit General Description Benefit is determined by a formula generally based on service and final average compensation. Cash balance plans are defined benefit plans where the benefit is expressed as an account balance. Cost level Benefit level Investment risk/ rewa rd Balance sheet/credit rating impact Unknown Predictable based on formula Generally, 100% employer Underfunded liabilities reflected on employer balance sheet Subsidies (e.g., early Common based on retirement, spouse, plan provisions death and disability Defined Contribution Benefit is determined based on an account balance consisting of employer and/ or employee contributions and investment earnings. Known by contribution formula Unknown. Benefit based on account balance. Generally, 100% employee None None. The participant's account balance is the source of all benefits. Vesting schedule Based on plan Based on plan provisions provisions Hybrid Generally, a combination of a defined benefit plan and a defined contribution plan with employer contributions. Combination Combination Shared Combination Combination Combination Source: ICMA-RC 22 Government Defined Contribution Plans 457 Plan Contributions can be made by employer, employee, or bol Each employee has their own specific account. ► Each employee manages their own account. Gains or Los' stay with the employee. 0, 2019 normal Contribution limit is $19,000. � 2019 Additional Catch up provision for 50 years and older is $61000. ► Vernon has a 457 Plan with no employer contributions. 32 Government Defined Contribution Plans 401-A Plan Contributions can be made by employer, employee, or both Each employee has their own specific account. Each employee manages their own account. Gains or Losse stay with the employee. 2019 normal Contribution limit is $56,000. There is no Catch up provision for 50 years and older. Vernon does not currently have a 401-A Plan. This plan would be a candidate for future employees retirement rather than CaIPERS. 33 Government Defined Contribution Plans Hybrid Plans ► Provide a traditional pension on a limited base salary that is more modest than a typical public plan A defined contribution that is usually mandatory on the amount above the base salary ► Hybrid plans are in place in several government retirement systems including: Georgia, Indiana, Michigan, Rhode Island Tennessee, Utah, Virginia, and Washington Federal Government for employees hired after 1983 Hybrid plans allow employees to make additional contributions up to the IRS limitations. This encourages employee to take financial responsibility and help fund for their future Currently only 13% of Government employees are in H id 25 plans. Conclusions Vernon is in the same position as many government agencies. Pension and benefit costs are soaring. Trust was placed with CaIPERS who has not met their investment targets and they continue to forecast lower investment income rate,, CaIPERS inability to reach its goals results in larger unfunded liabilit with agencies that contract with them. Vernon needs to examine the impacts of the changing workforce with PEPRA employees being an increasing share of the workforce. Cost containment strategies need to be examined and discussed in a partnership with Employee Labor Groups to help mitigate CaIPERS increasing rates paid by Vernon. Analysis needs to be undertaken to determine if Defined Contribution or Hybrid Pension plans will provide tangible savings for new incoming employees while keeping Vernon competitive as an employer of of City Council Agenda Item Report Agenda ItemNo. COV-104-2019 Submitted by: Sandra Dolson Submitting Department: City Clerk Meeting Date: March 5, 2019 SUBJECT Claim for Damages from Ismael Martins received on February 25, 2019 Recommendation: A. Receive and File Background: Fiscal Impact: ATTACHMENTS • 1. Claim for Damages: L Martins 2-25-2019 W CLAIM FOR DAMAGES TO PERSON OR PROPERTY (Government Code §910, et seq.) TO: CITY OF VERNON Office of the City Clerk 4305 South Santa Fe Avenue Vernon, CA 90058 Name of Claimant: Ismael Martines Address of Claimant: Claimant desires notices or communications regarding this claim to be sent to the following address: Jura A. Hartley, Esq. The Law Offices of Jura A. Hartley 880 Apollo Street, Suite 334 El Segundo, CA 90245 T: (323) 284-2834 F: (323) 284-2835 The date, place. and_circumstanceq ying rise to -the claim for injury are as follows: On September 27, 2018, at approximately 8:00 a.m., at or near 5300 South Boyle Avenue, Vemon, CA 90058 claimant was injured while riding his bike on the sidewalk on east side of Boyle just south of Fruitland Avenue. A portion of the sidewalk had been removed leaving an exposed dip/hole in the dirt. A wooden board was placed over the exposed dip/hole and the sidewalk was left open to the public. Mr. Martines was injured when he rode his bicycle over the wooden board, which cracked, causing him to be catapulted over the handlebars of his bicycle. He sustained the following injuries: fractured and broken teeth, injury to his jaw, and lacerations of his face. The City of Vemon and/or its employees and agents (hereinafter, collectively "defendants"), negligently managed, owned, maintained, operated, controlled, designed, planned, engineered, inspected, and repaired the streets, roadways, 37 11Page NE: and sidewalks of the City of Vernon, resulting in a dangerous condition, all of which resulted in injury to claimant. Defendants created the condition, failed to remedy the condition, failed to barricade the area, and failed to wam of the condition, rendering the condition dangerous and resulting in bodily injury to the Claimant. Defendant's actions were a substantial factor, and the actual and proximate cause of bodily injury to claimant. Claimant sustained injuries, including but not limited to. broken teeth — with require surgical implants and bone replacement, cracked teeth, scratches and bruising, lacerations to his face and arm, physical pain, emotional distress, anxiety, humiliation, grief, physical impairment and inconvenience. Claimant has also incurred economic losses including past and future medical bills and expenses, which are ongoing. The identities of City employees responsible for causing injury and damage are currently unknown and are the subject of investigation and/or discovery. The amount of this claim exceeds the limits for limited civil cases. THE LAW OFFICES OF JURA A. HARTLEY k4�-- By Jura V Hartley Attorney for claimant, ISMAEL MARTINES 39 21 Page MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, FEBRUARY 19, 2019, IN COUNCIL CHAMBER OF CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA CALL TO ORDER & FLAG SALUTE Members Present: Yvette Woodruff -Perez, Melissa Ybarra Members Absent: None William Davis, Luz Martinez, Leticia Lopez, The meeting was called to order at 9:00 a.m. by Mayor Woodruff -Perez, City Clerk Maria Ayala led the flag salute. CHANGES TO THE AGENDA City Clerk Maria Ayala announced that there are no changes to the agenda. PUBLIC COMMENT No Public Comment provided. PRESENTATION 1. Employee Service Pin Awards for January 2019 Recommendation: No action required by City Council. This is a presentation only. Human Resources Director Michael Earl recognized Service Pin Award recipient City Administrator Carlos Fandino. Council Member Luz Martinez presented the Service Pin Award to Mr. Fandino. CONSENT CALENDAR 2. Claim for Damages from Michael V. Mabry received on February 6, 2019 Recommendation: A. Receive and File 3. Minutes of the Regular City Council Meeting Held on February 5, 2019 Recommendation: A. Receive and File 4. Approval of Operating Account Warrant Register No. 16 Covering the Period of January 29 through February 11, 2019 Regular City Council Meeting February 19, 2019 Recommendation: A. Approve Operating Account Warrant Register No. 16 which totals $5,442,076.46 and consists of the following: 1) Ratification of electronic payments totaling $4,571,299.52. 2) Ratification of the issuance of early checks totaling $829,769.11. 3) Authorization to issue pending checks totaling $41,007.83. 4) Voided check No. 602040 totaling $156.00. 5. Approval of City Payroll Warrant Register No. 752 Covering the Period of January 01 through January 31, 2019 Recommendation: A. Approve City Payroll Warrant Register No. 752 which totals $4,617,287.15 and consists of the following: 1) Ratification of direct deposits, checks and taxes totaling $3,656,571.59. 2) Checks and electronic fund transfers (EFT) paid through General bank account totaling $960,715.56. 6. Ratification of Warrant Registers to Record Voided Checks Recommendation: A. Ratify the following warrant register to record voided check: 1) Operating Account Warrant Register No. 15 to record voided Check No. 601943 in the amount of $20,561.50 issued 01/17/19 to Stream Kim Hicks Wrage. 7. Fire Department Activity Report for the Period of January 1 through January 15, 2019 Recommendation: A. Receive and file. 8. Fire Department Activity Report for the Period of January 16 through January 31, 2019 Recommendation: A. Receive and file. 9. Vernon Police Department Activity Log and Statistical Summary for the period of January 16 through January 31, 2019 Recommendation: A. Receive and file. 10. Award of Construction Contract to General Pump Company, Inc. for the Well No. 11 Pump and Motor Project Recommendation: A. Find that the proposed action is categorically exempt from California Environmental Quality Act ("CEQA") review, in accordance with CEQA Guidelines 15301, because the project consists of the maintenance, repair, or minor alteration of an existing facility/equipment and involves negligible or no expansion of the existing use; and 41 Page 2 of 7 Regular City Council Meeting February 19, 2019 B. Accept the bid from General Pump Company, Inc., as the lowest responsive and responsible bidder and reject all other bids; and C. Approve and authorize the City Administrator to execute the Construction Contract with General Pump Company, Inc., in substantially the same form as attached herewith, in an amount not to exceed $120,700 for procurement and installation of the Well No. 11 pump and motor; and D. Authorize a contingency amount of $12,000 in the event of unforeseen changes in the project and authorize the City Administrator to issue change orders for an amount up to the contingency amount, if necessary. 11. Renewable Portfolio Standard Annual Status Report for Calendar Year 2018 Recommendation: A. Find that the Renewable Portfolio Standard 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 Renewable Portfolio Standard (RPS) Annual Status Report for Calendar Year 2018. 12. Public Works Department December 2018 Monthly Building Report Recommendation: A. Receive and File. 13. Public Works Department January 2019 Monthly Building Report Recommendation: A. Receive and File 14. Acceptance of Electrical Easement at 2665 Leonis Blvd. (APN 6308-004-013) 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. No public comment provided. Page 3 of 7 'y, Regular City Council Meeting February 19, 2019 It was moved by Melissa Ybarra and seconded by William Davis to approve Consent Calendar items 2 through 14. Motion carried, 5 - 0. Yes: Yvette Woodruff -Perez, William Davis, Luz Martinez, Leticia Lopez, Melissa Ybarra No: None ORDINANCE 15. Ordinances Granting U.S. Tow, Inc. and Mr. C's Towing of South Gate Inc., a Franchise Towing Services Agreement Recommendation: A. Find that approval of franchise towing service agreements with U.S. Tow, Inc. and Mr. C's Towing of South Gate, Inc. is not subject to review under the California Environmental Quality Act (CEQA), because such action is a governmental administrative activity that will not result in direct or indirect physical changes in the environment and is therefore not a "project" as that term is defined by CEQA Guidelines section 15378; and B. Approve the second reading, and adopt Ordinance No. 1259 granting U.S. Tow, Inc. a franchise towing services agreement; and C. Approve the second reading, and adopt Ordinance No. 1260 granting Mr. C's Towing of South Gate, Inc. a franchise towing services agreement; and D. Authorize the City Administrator to execute franchise agreements, in substantially the same form as submitted herewith, with U.S. Tow, Inc. and Mr. C's Towing of South Gate, Inc. on behalf of the City. Police Chief Anthony Miranda reported on the proposed and announced that Vernon PD has implemented a mechanism to track tow times and response times. Public Comments: Gerry Brown, General Manager, Mr. C's Towing in South Gate, announced that Mr. C's keeps records of the company's towing times and response times. He further elaborated as to Mr. C's average response times for all the cities served by the company. Richard Kettering, General Manager, U. S. towing, reported on the transparency of their company. Mr. Kettering also commented as to the company standards to do its best to maintain their contracts and provide the best response time. Mayor Yvette Woodruff- Perez inquired as to Council reviewing Mr. C's computer generated tow time records. Mr. Brown provided the documents to Council. 43 Page 4 of 7 Regular City Council Meeting February 19, 2019 Council Member Melissa Ybarra inquired as to the difference in response times between Mr. C's Towing and U. S. Towing. A dialogue ensued between Council and staff regarding the volume of towing calls, response time tracking, good practice and governance, and the new automated system than generates tracking of the responses. It was moved by William Davis and seconded by Leticia Lopez to: A. Find that approval of franchise towing service agreements with U.S. Tow, Inc. and Mr. C's Towing of South Gate, Inc. is not subject to review under the California Environmental Quality Act (CEQA), because such action is a governmental administrative activity that will not result in direct or indirect physical changes in the environment and is therefore not a "project" as that term is defined by CEQA Guidelines section 15378; and B. Approve the second reading, and adopt Ordinance No. 1259 granting U.S. Tow, Inc. a franchise towing services agreement; and C. Approve the second reading, and adopt Ordinance No. 1260 granting Mr. C's Towing of South Gate, Inc. a franchise towing services agreement; and D. Authorize the City Administrator to execute franchise agreements, in substantially the same form as submitted herewith, with U.S. Tow, Inc. and Mr. C's Towing of South Gate, Inc. on behalf of the City. Motion carried, 5 - 0. Yes: Yvette Woodruff -Perez, William Davis, Luz Martinez, Leticia Lopez, Melissa Ybarra No: None ORAL REPORTS Police Chief Anthony Miranda reported on the following: February 12th, Vernon PD Detective Bureau arrested a suspect, who was on parole for second degree murder, for threats to shoot his co-worker; and on February 131h, Vernon PD assisted Huntington Park PD with calls for service as all of their units were tied up with a structure fire in Huntington Park. Fire Battalion Chief Todd Painton reported on the following: February 7th, fire incident at J&J Snack Foods location; February 8th, fire units from Vernon Fire Department, Los Angeles County Fire Department, and Monterey Park were dispatched to a fire on the roof at the Farmer John facility; and Fire personnel will be receiving eight hours of arson investigation training from the industry leader. Public Works Director Daniel Wall reported on the following: Public Works will hold a meeting next week at the Council Chambers to distribute parking passes to the residents on Furlong. Vernon Public Utilities Manager Kelly Nguyen reported on the following: Several outrage incidents throughout the City. City Administrator Carlos Fandino reported on the following: On March 2 Pt, the City will host an outreach event for Vernon residents; and City Administration, in coordination with Vernon PD, is analyzing the reorganization of City Hall onsite security. CLOSED SESSION Page 5 of 7 Regular City Council Meeting February 19, 2019 The City Council entered closed session at 9:24 a.m. 16. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation. The City has received notice that it is a potentially responsible party (PRP) relating to an EPA Superf ind site in South Gate, California, which was used for decades until the early 1990s as a facility to recondition and recycle used steel drums, some of which contained a variety of industrial chemicals. Potential plaintiffs have identified the City as a PRP and made an offer of settlement in exchange for release from future liability. Government Code Section 54956.9(d)(2) & (e)(2) Number of potential cases: 1 17. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation. The City hired Environmental Construction, Inc. to install and equip a well in 2015. Multiple issues arose over the subsequent three years, resulting in potential claims by both parties against the other. In order to avoid litigation, the parties have reached an agreement, pending City Council approval, to resolve their disputes. Government Code Section 54956.9(d)(2) & (e)(2) Number of potential cases: 1 18. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1) Bruce V. Malkenhorst, Sr. v. Ca1PERS, City of Vernon Los Angeles Superior Court, Case No. BS 159589 19. CITY COUNCIL CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 54957.6 Agency Designated Representative: Carlos Fandino, City Administrator Employee Organizations: Teamsters Local 911, IBEW Local 47, Vernon Firemen's Association, Vernon Fire Management Association, Vernon Police Management Association, and 45 Page 6 of 7 Regular City Council Meeting February 19, 2019 Vernon Police Officers' Benefit Association At 9:50 a.m. the City Council exited closed session. City Attorney Hema Patel reported that four items were discussed with City Council approval on the following: Item No. 16: Settlement Agreement with Cooper & Drum Cooperating Parties Group. Item No. 17: Settlement and Mutual Release Agreement with Environmental Construction Inc., regarding Well No. 21. ADJOURNMENT With no further business, at 9:50 a.m. Mayor Yvette Woodruff -Perez adjourned the meeting. ATTEST: Maria E. Ayala City Clerk Page 7 of 7 Yvette Woodruff -Perez Mayor M. City Council Agenda Item Report Agenda Item No. COV-399-2018 Submitted by: Lilia Hernandez Submitting Department: City Administration Meeting Date: March 5, 2019 SUBJECT Council Conference Attendance Report Recommendation: A. Find that receiving this Council Conference Attendance Report 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. Receive and file. Background: Pursuant to Government Code Section 53232.3(d), members of legislative bodies are required to report on meetings attended at the expense of the agency or for which there has been expense reimbursement. The following report on recent meetings attended by members of the Vernon City Council is submitted in compliance with the aforementioned requirement. 2019 Independent Cities Association (ICA) Winter Seminar Mayor Pro Tempore William Davis attended the ICA Winter Seminar held at the Hilton Santa Barbara on February 1-3, 2019. Educational Sessions focused onpublic safety and emergency preparedness. Topics discussed included: the Gun Violence Restraining Order ("GVRO'), Active Shooter Training, Response to Wildfires and Mudslides, & Cannabis Regulation. Fiscal Impact: The cost incurred by the City for City Council attendance of the conference noted above including reimbursements is approximately $1,288. This amount is in line with the amount allocated and available in the 2018-19 fiscal year City Council budget. ATTACHMENTS 47 City Council Agenda Item Report Agenda Item No. COV-105-2019 Submitted by: John Lau Submitting Department: Finance/ Treasury Meeting Date: March 5, 2019 SUBJECT Approval of Operating Account Warrant Register No. 17 Covering the Period of February 12 through February 25, 2019 Recommendation: A. Approve Operating Account Warrant Register No. 17 which totals $10,102,587.49 and consists of the following: 1) Ratification of electronic payments totaling $9,725,403.10. 2) Ratification of the issuance of early checks totaling $352,062.72. 3) Authorization to issue pending checks totaling $25,121.67. Background: Section 2.13 of the Vernon Municipal Code indicates the City Treasurer, or an authorized designee, shall prepare warrants covering claims or demands against the City which are to be presented to City Council for its audit and approval Pursuant to the aforementioned code section, the City Treasurer has prepared Operating Account Warrant Register No. 17 covering claims and demands presented during the period of February 12 through February 25, 2019, drawn, or to be drawn, from East West Bank for City Council approval Fiscal Impact: None. ATTACHMENTS • 1. Operating Account Warrant Register No. 17 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 I hereby certify that claims and/or demands included in above listed warrant register have been audited for accuracy and availability of funds for payments and that said claims and/or demands are accurate and that the funds are available for payments thereof. / William Fox Finance Director Date This is to certify that the claims or demands covered by the above listed warrants have been audited by the City Council of the City of Vernon and that all of said warrants are approved for payments except Warrant Numbers: .• Printed: 2/26/2019 4:13:44PM CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 ELECTRONIC ACCOUNT INVOICE VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION 002110 - CALTROL, INC 056.5600.900000 $ 1,344.64 NPS 3/4 1805-2- 056.5600.900000 $ 10.64 Freight 056.5600.900000 $ 128.75 Sales Tax 9.5% 056.5600.900000 $ 1,705.44 NPS 1 1/2 CS400- 056.5600.900000 $ 30.73 Freight 056.5600.900000 $ 164.94 Sales Tax 9.5% 056.5600.900000 $ 3,352.80 NPS 2 C5820 056.5600.900000 $ 41.22 Freight 056.5600.900000 $ 322.44 Sales Tax 9.5% 056.5600.900000 $ 4,931.52 NPS 2 299H- 056.5600.900000 $ 52.73 Freight 056.5600.900000 $ 473.50 Sales Tax 9.5% 001490 - ALL CITY MANAGEMENT 011.1031.594200 $ 578.10 School Crossing Guard Services SERVICES 000447 - CDW GOVERNMENT, INC. 011.9019.520010 $ 1,010.70 Peerless Universal Full -Motion Plus 011.9019.520010 $ 96.02 Sales Tax 9.5% 011.9019.520010 $ 3,022.52 VIZIO E7542 E Series - 75" Class 011.9019.520010 $ 14.00 RECYCLING FEE 35" AND OVER- 011.9019.520010 $ 287.14 Sales Tax 9.5% INVOICE P.O.# CD99063217 056.0000542 CD99063217 056.0000542 CD99063217 CD99063486 056.0000542 CD99063486 056.0000542 CD99063486 CD99063539 056.0000542 CD99063539 056.0000542 CD99063539 CD99063673 056.0000542 CD99063673 056.0000542 CD99063673 58875 PAYMENT PAYMENT PAY DATE NUMBER AM 02/12/2019 7979 $ 12,559.35 02/12/2019 7980 $ 578.10 QPK4737 011.0013592 QPK4737 QPP7797 011.0013592 QPP7797 011.0013592 QPP7797 50 02/12/2019 7981 $ 4,43U.3a Printed: 2/26/2019 4:13:44PM Page 1 of 42 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 ELECTRONIC ACCOUNT INVOICE PAYMENT PAYMENT PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE - NUMBER AMOUNT 001729 - GOVCONNECTION, INC 011.9019.520010 $ 2,233.53 Vizio 80" E80-E3 4K Ultra HD SmartCast 56442797 011.0013593 011.9019.520010 $ 7.00 State Environmental Fees 56442797 011.0013593 011.9019.520010 $ 212.19 Sales Tax 9.5% 56442797 011.9019.520010 $ 1,474.20 APC Back -UPS 650 650VA 390W 120V NEMA 56442803 011.0013600 011.9019.520010 $ 497.78 Tripp Lite Console Server DM 4GB Flash 56442803 011.0013600 011.9019.520010 $ 1,775.40 Cisco 10GBase-SR SFP+ LC PC MM 56442803 011.0013600 011.9019.520010 $ 356.00 Sales Tax 9.5% 56442803 02/12/2019 7982 $ 6,556.10 005108 - JEMMOTT ROLLINS GROUP, 011.1021.797000 $ 13,750.00 Professional Services FEB19 INC 02/12/2019 7983 $ 13,750.00 006193 - KELYN TECHNOLOGIES 011.9019.520010 $ 14,335.36 2TB Flash, 2.5-in KELYN0974 011.0013546 011.9019.520010 $ 174.00 Freight KELYN0974 011.0013546 02/12/2019 7984 $ 14,509.36 006204 - MYERS CONTROLLED 055.9100.900000 $ 114,235.00 Medium Voltage Circuit Breaker FVR462 055.0002682 POWER, LLC 055.9100.900000 $ 91,388.00 Medium Voltage Circuit Breaker— FVR469 055.0002682 02/12/2019 7985 $ 205,623.00 001079 - SIEMENS MOBILITY, INC 011.1043.590000 $ 3,239.00 Traffic Signal Maintenance 5610138561 011.1043.590000 $ 959.68 Traffic Signal Maintenance 5620022312 02/12/2019 7986 $ 4,19;51 Printed: 2/26/2019 4:13:44PM Page 2 of 42 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 ELECTRONIC ACCOUNT INVOICE PAYMENT PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER 002412 - CALIFORNIA ISO 055.9200.500150 $ 5,256.44 Recalculation Charges 01/19 201902053541036 554 055.9200.500170 $ 429.11 Recalculation Charges 01/19 201902053541036 554 055.9200.500190 $ 218.84 Recalculation Charges 01/19 201902053541036 554 055.9200.500210 $ 67.17 Recalculation Charges 01/19 201902053541036 554 055.9200.500150 $ 128,534.24 Initial Charges 01/19 201902053541036 554 055.9200.500170 $ 994,400.60 Initial Charges 01/19 201902053541036 554 055.9200.500210 $ 16,594.10 Initial Charges 01/19 201902053541036 554 055.9200.500240 $ 10.89 Initial Charges 01/19 201902053541036 554 055.9200.500180 $ -2,257.09 Initial Charges 01/19 201902053541036 554 055.9200.500190 $ -12,484.66 Initial Charges 01/19 201902053541036 554 055.9200.500150 $ 34,971.42 Initial Charges 02/19 201902053541036 554 055.9200.500210 $ 5,806.84 Initial Charges 02/19 201902053541036 554 055.9200.500170 $ -1,643.85 Initial Charges 02/19 201902053541036 554 055.9200.500190 $ -10,189.61 Initial Charges 02/19 201902053541036 554 52 Printed: 2/26/2019 4:13:44PM Page 3 of 42 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 ELECTRONIC ACCOUNT INVOICE PAYMENT PAYMENT PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER AMOUNT 002412 - CALIFORNIA ISO 055.9200.500150 $ 1,796.46 Recalculation Charges 04/18 201902053541036 554 055.9200.500170 $ 120.57 Recalculation Charges 04/18 201902053541036 554 055.9200.500190 $ -3.12 Recalculation Charges 04/18 201902053541036 554 055.9200.500150 $ 0.52 Recalculation Charges 01/16 201902053541036 554 055.9200.500170 $ 0.14 Recalculation Charges 01/16 201902053541036 554 055.9200.500150 $ -15.60 Recalculation Charges 04/16 201902053541036 554 055.9200.500190 $ -31.30 Recalculation Charges 04/16 201902053541036 554 055.9200.500170 $ 0.28 Recalculation Charges 04/16 201902053541036 554 02/12/2019 7987 $ 1,161,582.39 002533 - BANK OF NEW YORK MELLON 055.9000.592010 $ 1,160.00 Administration & Audit Confirmation Fees 2522169461 055.9000.592010 $ 1,060.00 Administration Fee 2522169462 002310 - VIRGINIA TRANSFORMER CORP 055.9100.900000 $ 308,921.70 Three Phase Power Transformer 55005 02/14/2019 7988 $ 2,220.00 02/14/2019 7989 $ 308,921.70 53 Printed: 2/26/2019 4:13:44PM Page 4 of 42 ELECTRONIC ACCOUNT VENDOR NAME AND NUMBER NUMBER 001635 - EMPLOYMENT 011.1060.502070 $ DEVELOPMENT DEPT CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 INVOICE AMOUNT DESCRIPTION INVOICE P.O.# 3,922.00 Unemployment Insurance Benefit Charge L1150940256 PAYMENT PAYMENT DATE NUMBER 02/14/2019 7990 $ PAYMENT 3,922.00 54 Printed: 2/26/2019 4:13:44PM Page 5 of 42 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 ELECTRONIC ACCOUNT INVOICE PAYMENT PAYMENT PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE - P.O.# DATE NUMBER AMOUNT 002412 - CALIFORNIA ISO 055.9200.500150 $ -581.46 Initial Charges 02/19 201902123141075 264 055.9200.500170 $ 5,738.25 Initial Charges 02/19 201902123141075 264 055.9200.500190 $ 2,881.14 Initial Charges 02/19 201902123141075 264 055.9200.500210 $ 15,480.35 Initial Charges 02/19 201902123141075 264 055.9200.500150 $ 34,937.28 Recalculation Charges 01/19 201902123141075 264 055.9200.500170 $ 602.02 Recalculation Charges 01/19 201902123141075 264 055.9200.500190 $ 592.61 Recalculation Charges 01/19 201902123141075 264 055.9200.500210 $ 229.29 Recalculation Charges 01/19 201902123141075 264 055.9200.500150 $ 155.82 Recalculations 07/18 201902123141075 264 055.9200.500170 $ 0.44 Recalculations 07/18 201902123141075 264 055.9200.500190 $ -11.33 Recalculations 07/18 201902123141075 264 055.9200.500150 $ 0.58 Recalculation Charges 01/19 201902123141075 280 055.9200.500190 $ 25.03 Recalculation Charges 07/17 201902123141075 280 55 055.9200.500210 $ 201.78 Initial Charges 02/19 201902123141075 280 Pale 6 of 42 Printed: 2/26/2019 4:13:44PM CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 ELECTRONIC ACCOUNT INVOICE PAYMENT PAYMENT PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER AMOUNT 02/20/2019 7991 $ 60,251.80 003441- ENTERPRISE FM TRUST 011.4031,840000 $ 898.58 Monthly Lease Charges FBN3650511 02/20/2019 7992 $ 898.58 005943 - INLAND EMPIRE ENERGY 055.9200.500180 $ 2,200.00 Energy Purchase 10 CENTER,L 02/20/2019 7993 $ 2,200.00 006204 - MYERS CONTROLLED 055.9100.900000 $ 72,885.00 27KV, 2,000A, 31,500AIC— FVR485 055.0002683 POWER, LLC 055.9100.900000 $ 48,380.00 27KV, 2,000A, 31,500AIC— FVR485 055.0002683 02/20/2019 7994 $ 121,265.00 005433 - RUTAN & TUCKER, LLP 011.1024.593200 $ 621.00 Re: Torres / Ong Litigation 828608 011.1024.593200 $ 831.11 Re: Malkenhorst Enforcement of Judgment 829597 02/20/2019 7995 $ 1,452.11 003407 - VERNON POLICE OFFICERS 011.210250 $ 1,857.39 Police Association Member Dues: Payment Ben213717 BENEFIT 02/14/2019 7996 $ 1,857.39 005323 - IBEW LOCAL 47 020.210250 $ 158.78 IBEW Dues: Payment Ben213719 055.210250 $ 3,153.43 IBEW Dues: Payment Ben213719 056.210250 $ 391.47 IBEW Dues: Payment Ben213719 02/14/2019 7997 $ 3,70? c4 56 Printed: 2/26/2019 4:13:44PM Page 7 of 42 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 ACCOUNT INVOICE VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE 003141- VERNON FIREMENS 011.210250 $ 3,358.00 Fire House Fund: Payment Ben213723 ASSOCIATION P.O.# DATE NUMBER 02/14/2019 003168 - ICMA RETIREMENT TRUST 011.210220 $ 128,488.96 Deferred Compensation: Payment Ben213711 457 020.210220 $ 994.76 Deferred Compensation: Payment Ben213711 055.210220 $ 40,151.51 Deferred Compensation: Payment Ben213711 056.210220 $ 1,325.53 Deferred Compensation: Payment Ben213711 057.210220 $ 443.77 Deferred Compensation: Payment Ben213711 02/14/2019 003146 - CITY OF VERNON, FSA 011.100013 $ 288.30 FSA - Dependent: Payment Ben213715 ACCOUNT 011.100013 $ 253.47 FSA - Medical: Payment Ben213715 02/14/2019 7998 $ 3,358.00 7999 $ 171,404.53 8000 $ 541.77 57 Printed: 2/26/2019 4:13:44PM Page 8 of 42 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 ELECTRONIC ACCOUNT INVOICE PAYMENT PAYMENT PAYMENT VENDOR NAME AND NUMBER NUMBER - AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER AMOUNT 000714 - CALPERS 011.210240 $ 197,354.32 PERS Contributions: Payment Ben213713 020.210240 $ 8,783.60 PERS Contributions: Payment Ben213713 055.210240 $ 33,434.76 PERS Contributions: Payment Ben213713 056.210240 $ 3,316.95 PERS Contributions: Payment Ben213713 057.210240 $ 585.39 PERS Contributions: Payment Ben213713 011.210240 $ 179.49 PERS Survivor's Benefit: Payment Ben213713 020.210240 $ 14.18 PERS Survivor's Benefit: Payment Ben213713 055.210240 $ 35.59 PERS Survivor's Benefit: Payment Ben213713 056.210240 $ 3.72 PERS Survivor's Benefit: Payment Ben213713 057.210240 $ 0.45 PERS Survivor's Benefit: Payment Ben213713 011.210240 $ 308.85 PERS Buy-back: Payment Ben213713 011.1004.530034 $ -0.10 Rounding adjustment Ben213713 02/15/2019 8001 $ 244,017.20 M. Page 9 of 42 Printed: 2/26/2019 4:13:44PM CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 ELECTRONIC ACCOUNT INVOICE PAYMENT PAYMENT PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER AMOUNT 004075 - THE DEPARTMENT OF THE 011.210210 $ 183,112.53 Federal Withholding: Payment Ben213707 TREASURY 020.210210 $ 10,356.62 Federal Withholding: Payment Ben213707 055.210210 $ 55,565.71 Federal Withholding: Payment Ben213707 056.210210 $ 2,652.17 Federal Withholding: Payment Ben213707 057.210210 $ 1,940.46 Federal Withholding: Payment Ben213707 011.210210 $ 37,733.92 Medicare: Payment Ben213707 020.210210 $ 2,211.16 Medicare: Payment Ben213707 055.210210 $ 11,327.86 Medicare: Payment Ben213707 056.210210 $ 594.50 Medicare: Payment Ben213707 057.210210 $ 308.96 Medicare: Payment Ben213707 011.210210 $ 130.34 Social Security Tax: Payment Ben213707 011.210210 $ -3,298.06 Federal withholding: Payment— Ben213707 011.210210 $ -434.74 Medicare: Payment— Ben213707 02/15/2019 8002 $ 302,201.43 001635 - EMPLOYMENT 011.210210 $ 65,843.59 State Withholding: Payment Ben213709 DEVELOPMENT DEPT 020.210210 $ 3,660.16 State Withholding: Payment Ben213709 055.210210 $ 19,960.03 State Withholding: Payment Ben213709 056.210210 $ 1,020.63 State Withholding: Payment Ben213709 057.210210 $ 647.02 State Withholding: Payment Ben213709 011.210210 $ -989.42 State Withholding: Payment— Ben213709 59 02/15/2019 8003 $ 90,142.U1 Printed: 2/26/2019 4:13:44PM Page 10 of 42 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 ELECTRONIC ACCOUNT INVOICE PAYMENT PAYMENT PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION - INVOICE P.O.# DATE NUMBER AMOUNT 004074 - STATE DISBURSEMENT UNIT 011.210260 $ 969.23 Child Support: Payment Ben213721 011.210260 $ 1,402.15 Child Support: Payment Ben213721 011.210260 $ 78.92 Child Support: Payment Ben213721 011.210260 $ S3.07 Child Support: Payment Ben213721 055.210260 $ 368.76 Child Support: Payment Ben213721 02/15/2019 8004 $ 2,872.13 001490 - ALL CITY MANAGEMENT 011.1031.594200 $ 1,040.58 School Crossing Guard Services 59166 SERVICES 02/21/2019 8005 $ 1,040.58 006449 - LANCASTER CHOICE ENERGY 055.9200.500180 $ 2,500.00 Resource Adequacy 1190001433 8006 $ 2,500.00 02/21/2019 Page 11 of 42 Printed:2/26/2019 4:13:44PM CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 ELECTRONIC ACCOUNT INVOICE PAYMENTPAYMENT PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.#' DATE NUMBER AMOUNT 004594 - DION & SONS, INC 011.1033.570000 $ 011.1033.570000 $ 011.1033.570000 $ 011.1033.570000 $ 011.1033.570000 $ 011.1033.570000 $ 011.1033.570000 $ 011.1033.570000 $ 011.1033.570000 $ 011.1033.570000 $ 011.1033.570000 $ 011.1033.570000 $ 011.1033.570000 $ 011.1033.570000 $ 011.1033.570000 $ 011.1033.570000 $ 011.1033.570000 $ 2,808.00 Diesel Fuel- -1.20 Federal Excise Tax Exempt 4.82 LAB Tax 7.50 Environmental Compliance Fee 9.95 Fuel Surcharge 161.88 Diesel Tax 5.75% 432.00 State Highway Use Tax 277.96 1,884.99 Unleaded Fuel- 0.79 FET Exempt > LUST only 1.52 Fed Oil Spill Recovery 0.63 CA Lead Poising 2.76 AB 32 328.89 State Excise Tax 2.89 LAB Tax 0.13% -110.98 Gas Credit -5.00% 211.13 718238 718238 718238 718238 718238 718238 718238 718238 718239 718239 718239 718239 718239 718239 718239 718239 718239 006407 - ERMCO 055.9100.900000 $ 20,264.00 Bid item #1- 1962138 055.9100.900000 $ 49,394.00 Bid item #7- 1962138 962138 011.0013577 011.0013577 011.0013577 011.0013577 011.0013577 011.0013577 011.0013577 011.0013577 011.0013577 011.0013577 011.0013577 011.0013577 011.0013577 011.0013577 011.0013577 02/21/2019 055.0002699 055.0002699 8007 $ 6,023.53 055.9100.900000 $ 6,617.51 Sales Tax 9.5/0 1 61 02/21/2019 8008 $ 76,271 Printed: 2/26/2019 4:13:44PM Page 12 of 42 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 ELECTRONIC ACCOUNT INVOICE PAYMENT PAYMENT PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER AMOUNT 005149 - SHARE CORPORATION 011.1049.520000 $ 264.00 SEE THRU Quart, #2020103. 78277 011.0013588 011.1049.520000 $ 151.00 Freight 78277 011.0013588 011.1049.520000 $ 25.08 Sales Tax 9.5% 78277 02/21/2019 8009 $ 440.08 001079 - SIEMENS MOBILITY, INC 011.1043.590000 $ 8,926.85 Traffic Signal Maintenance 5610138881 011.1043.590000 $ 38,172.61 Traffic Signal Maintenance 5610150486 011.1043.590000 $ 5,587.39 Traffic Signal Maintenance 5610151251 02/21/2019 8010 $ 52,686.85 006236 - SUEZ WTS SERVICES USA, INC 011.1033.590000 $ 56.94 Water Purification Services 99651276 011.1033.590000 $ 56.94 Water Purification Services 99651353 011.1033.590000 $ 116.56 Water Purification Services 99665674 011.1033.590000 $ 99.04 Water Purification Services 99665675 02/21/2019 8011 $ 329.48 002459 - PORT CANAVERAL PWR 055.9000.596200 $ 5,000.00 Consulting Services VERNPVHDECEMBE CONSULTANTS R2018 055.9000.596200 $ 10,093.00 Consulting Services VERNPVHFEBRUAR Y2019 055.9000.596200 $ 11,611.03 Consulting Services VERNPVHJANUARY 2019 055.9000.596200 $ 15,000.00 Consulting Services VERNPVHNOVEMB ER2018 055.9000.596200 $ 5,000.00 Consulting Services VERNPVHOCTOBER 62 2018 02/21/2019 8012 $ 46,704.03 Printed: 2/26/2019 4:13:44PM Page 13 of 42 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 ELECTRONIC ACCOUNT INVOICE PAYMENT PAYMENT PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ` DATE NUMBER AMOUNT 005614 - NORTHWEST ELECTRICAL 020.1084.900000 $ 27,653.52 Technical Design Services 1737 SERVICES, 055.9000.595200 $ 5,640.00 Technical Design Services 1737 055.8200.596200 $ 1,036.50 Technical Design Services 1737 055.8100.596700 $ 5,466.48 Technical Design Services 1737 02/21/2019 8013 $ 39,796.50 0015S2 - HOME DEPOT CREDIT 011.1033.520000 $ 1.12 SKU No. 0000-999-735— 4971066 011.0013580 SERVICES 011.1033.520000 $ 43.56 SKU No. 0000-150-932— 4971066 011.0013580 011.1033.520000 $ 11.35 SKU No. 0000-185-469— 4971066 011.0013580 011.1033.520000 $ 57.08 SKU No. 1000-017-890— 4971066 011.0013580 011.1033.520000 $ 10.48 Sales Tax 9.5% 4971066 02/20/2019 8014 $ 123.59 63 Page 14 of 42 Printed: 2/26/2019 4:13:44PM CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 ELECTRONIC ACCOUNT INVOICE VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION 002190- OFFICE DEPOT 011.1003.520000 $ 49.27 Supplies 011.1003.520000 $ 4.68 Sales Tax 9.5% 011.1003.520000 $ 276.20 Supplies 011.1003.520000 $ 26.24 Sales Tax 9.5% 011.1041.520000 $ 51.99 Supplies 011.1041.520000 $ 4.94 Sales Tax 9.5% 011.1043.520000 $ 12.58 Supplies 011.1041.520000 $ 6.29 Supplies 011.1043.520000 $ 1.19 Sales Tax 9.5% 011.1041.520000 $ 0.60 Sales Tax 9.5% 011.1049.520000 $ 195.41 Supplies 011.1049.520000 $ 18.56 Sales Tax 9.5% 011.1004.520000 $ 182.59 Supplies 011.1004.520000 $ 17.35 Sales Tax 9.5% 011.1004.520000 $ 133.00 Supplies 011.1004.520000 $ 29.99 Freight 011.1004.520000 $ 12.64 Sales Tax 9.5% 011.1003.520000 $ 67.91 Supplies 011.1003.520000 $ 6.45 Sales Tax 9.5% PAYMLNIYAYMCN INVOICE P.O.# DATE NUMBER 251253298001 251253298001 253402693001 253402693001 256150913001 256150913001 256151349001 256151349001 256151349001 256151349001 260616243001 260616243001 264466903001 264466903001 264821648001 264821648001 264821648001 266404283001 266404283001 02/20/2019 8015 $ 1,097.88 64 Printed:2/26/2019 4:13:44PM Page 15 of 42 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 ELECTRONIC ACCOUNT INVOICE PAYMENT PAYMENT PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE - NUMBER AMOUNT 000059 - SO CAL EDISON 055.8100.560010 $ 34.01 Period: 01/19 013019 011.1043.560000 $ 35.76 Period: 01/19 013019(2) 011.1042.560000 $ 204.68 Period: 01/19 020219 055.9200.560010 $ 729.44 Period: 01/19 020219(2) 02/20/2019 8016 $ 1,003.89 001581- THE GAS COMPANY 011.1048.560000 $ 70.82 Period: 11/07/18 - 01/10/19 020119 02/20/2019 8017 $ 70.82 000249 - FEDEX 011.1026.520000 $ 80.02 Period: 01/19 644833356 011.1033.520000 $ 34.50 Period: 01/19 644833356 011.1026.520000 $ 63.77 Period: 01/19 645451527 011.1033.520000 $ 189.78 Period: 01/19 645451527 02/21/2019 8018 $ 368.07 001617 - UPS 011.1041.520000 $ 29.00 Period: 01/19 933312049 055.8000.590000 $ 31.11 Period: 01/19 933312049 011.1041.520000 $ 63.22 Period: 01/19 933312059 011.1033.520000 $ 14.00 Period: 01/19 933312059 02/21/2019 8019 $ 137.33 006298 - CIMA ENERGY, LP 055.9200.500160 $ 47,550.00 Natural Gas 01/19 119802177408280 02/25/2019 8020 $ 47,550.00 000153 - CITIGROUP ENERGY, INC 055.9200.500160 $ 1,981,179.00 Natural Gas 01/19 78971441 65 02/25/2019 8021 $ 1,981,179.00 Printed: 2/26/2019 4:13:44PM PaRe 16 of 42 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 ELECTRONIC ACCOUNT INVOICE PAYMENT PAYMENT PAYMENT VENDOR NAME AND NUMBER NUMBER - AMOUNT DESCRIPTION INVOICE P.O.# DATE = NUMBER AMOUNT 005388 - CONOCO PHILLIPS COMPANY 055.9200.500160 $ 17,050.00 Natural Gas 01/19 115336 02/25/2019 8022 $ 17,050.00 004116 - EDF TRADING NORTH 055.9200.500160 $ 4,150.00 Natural Gas 01/19 190487 AMERICA, LLC 02/25/2019 8023 $ 4,150.00 006086 - MACQUARIE ENERGY, LLC 055.9200.500160 $ 437,033.00 Natural Gas 01/19 GASI00130743 02/25/2019 8024 $ 437,033.00 005870 - OCCIDENTAL ENERGY 055.9200.500160 $ 4,000.00 Natural Gas 01/19 4128179 MARKETING, I 02/25/2019 8025 $ 4,000.00 006483 - SACRAMENTO MUNICIPAL 055.9200.500160 $ 98,332.00 Natural Gas 01/19 96282581 UTILITY D 02/25/2019 8026 $ 98,332.00 002227 - US DEPARTMENT OF ENERGY 055.9200.500150 $ 31,130.93 Boulder Canyon Project Charges 01/19 GG1766WO119 055.9200.500180 $ 15,946.60 Boulder Canyon Project Charges 01/19 GG1766WO119 02/25/2019 8027 $ 47,077.53 Page 17 of 42 Printed: 2/26/2019 4:13:44PM CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 ELECTRONIC ACCOUNT INVOICE PAYMENT PAYMENT PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER AMOUNT 003336 - BICENT (CALIFORNIA) 055.9200.500150 $ 348,946.52 Monthly Energy Related Payment 1201901 MALBURG,L 055.9200.500150 $ 22,712.28 Monthly Heat Rate 1201901 055.9200.500180 $ 3,596,131.20 Monthly Capacity Payment 1201901 055.9200.500150 $ 157,154.75 Prior Months Adjustment: Heat Rate Bonus 1201901 055.9200.500150 $ -9,528.01 Fuel Burden 1201901 02/22/2019 8028 $ 4,115,416.74 TOTAL ELECTRONIC $ 9,725,403.10 67 Printed: 2/26/2019 4:13:44PM Page 18 of 42 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 EARLY CHECKS ACCOUNT` INVOICE PAYMENT CHECK PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER AMOUNT 005530 - A TO Z CYLINDERS 011.1033.590000 $ 1,269.00 Honeywell Rebuild Kit (SCBA) 1545 011.0013539 011.1033.590000 $ 1,458.00 Labor to rebuild valve and ultrasonic 1545 011.0013539 011.1033.590000 $ 1,215.00 Hydrostatic Test with visual inspection 1545 011.0013539 011.1033.S90000 $ 120.56 Sales Tax 9.5% 1545 02/12/2019 602168 $ 4,062.56 004318 - A -BEST INDUSTRIAL, INC 056.5600.590000 $ 71.31 Service Connection Materials- IN11653 056.0000513 02/12/2019 602169 $ 71.31 001624 - ALLSTAR FIRE EQUIPMENT, 011.1033.540000 $ 284.70 Haix Structure Boots- 212392 011.0013226 INC 011.1033.850000 $ 11,205.60 Lion CVBM-K7 - 7oz. Natural PBI Max 212818 011.0013523 011.1033.850000 $ 6,371.40 Lion PVFM-K7 - 7oz. Natural PBI Max 212818 011.0013523 011.1033.850000 $ 519.75 Lion SR842X Padded Suspenders 212818 011.0013523 011.1033.850000 $ 1,719.19 Sales Tax 9.5% 212818 02/12/2019 602170 $ 20,100.64 006308 - ANAYA SERVICE CENTER 011.1046.S20000 $ 189.50 52473178 heater core 31138 011.0013554 011.1046.520000 $ 16.95 5/150 extended life coolant 31138 011.0013554 011.1046.520000 $ 27.95 150546436 grille 31138 011.0013554 011.1046.520000 $ 16.95 15046441 grille 31138 011.0013554 011.1046.520000 $ 75.90 890183S6 actuator 31138 011.0013554 011.1046.590000 $ 390.00 Labor to diagnose and repair 31138 011.0013554 011.1046.520000 $ 31.09 Sales Tax 9.5% 31138 68 02/12/2019 602171 $ 748.34 Pale 19 of 42 Printed: 2/26/2019 4:13:44PM CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 EARLY CHECKS ACCOUNT INVOICE PAYMENT CHECK PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER AMOUNT 001948- AT&T 011.9019.560010 $ 658.04 Period: 12/20/18 - 01/19/19 012019 011.9019.560010 $ 184.13 Period: 12/20/18 - 01/19/19 012019(2) 02/12/2019 602172 $ 842.17 001948 - AT&T 055.9200.560010 $ 331.23 Period: 01/19/19 - 02/18/19 3107012293 055.9200.560010 $ 152.00 Period: 12/19/18 - 01/18/19 7939875405 02/12/2019 602173 $ 483.23 005078 - BURKE, WILLIAMS & 011.1024.593200 $ 1,017.00 Professional Services 12/18 236457 SORENSEN, LL 011.1024.593200 $ 2,165.25 Professional Services 236458 02/12/2019 602174 $ 3,182.25 000778 - CALIFORNIA WATER SERVICE 011.1043.560000 $ 90.54 Period: 01/19 012319 011.1033.560000 $ 104.51 Period:01/19 012319(2) 02/12/2019 602175 $ 195.05 001917 - CENTRAL BASIN WATER 020.1084.596200 $ 3,838.35 Title 22 Monitoring 12180005 ASSOCATION 02/12/2019 602176 $ 3,838.35 004163 - CENTRAL FORD 011.1046.520000 $ 200.70 9L3Z-1A189-A low air tire sensors C39495 011.0013558 011.1046.590000 $ 269.95 Labor to diagnose and repair C39495 011.0013558 011.1046.520000 $ 20.57 Sales Tax 10.25 C39495 02/12/2019 602177 $ 491 " a Printed: 2/26/2019 4:13:44PM Page 20 of 42 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 EARLY CHECKS ACCOUNT INVOICE PAYMENT CHECK PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER AMOUNT 004988 - CAALAC 011.1024.596700 $ 45.00 CAALAC Luncheon / Z. Moussa 020719 02/12/2019 602178 $ 45.00 003379 - CITY OF GLENDALE, FINANCE 011.1033.594000 $ 53,638.00 Verdugo Fire Dispatch Fee 105 DEPT 02/12/2019 602179 $ 53,638.00 003088 - CLINICAL LAB OF SAN 020.1084.500140 $ 900.00 Lab Services 966638 BERNARDINO 02/12/2019 602180 $ 900.00 001336 - CURRENT WHOLESALE 020.1084.900000 $ 1,360.38 Electrical Supplies— 255741 011.0013313 ELECTRIC SUP 020.1084.900000 $ 1,217.29 Electrical Supplies— 255742 011.0013313 020.1084.900000 $ 1,511.74 Electrical Supplies— 255743 011.0013313 020.1084.900000 $ 201.28 Electrical Supplies— 255744 011.0013313 02/12/2019 602181 $ 4,290.69 005055 - ECMS, INC 011.1033.540000 $ 292.75 Turnout Cleaning— INV250541 011.0013227 02/12/2019 602182 $ 292.75 70 Printed: 2/26/2019 4:13:44PM Page 21 of 42 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 EARLY CHECKS ACCOUNT INVOICE PAYMENT CHECK PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER AMOUNT 001936 - EMPIRE CLEANING SUPPLY 011.120010 $ 115.20 0515-420 Mango Eco Clip, 12 per box, 1087509 011.0013596 011.120010 $ 31.20 0515-425 Bleach Germicidal Ultra, 6-1 1087509 011.0013596 011.120010 $ 46.20 0515-445 Champion Foaming Oven 1087509 011.0013596 011.120010 $ 27.50 0515-470 Plastic Spray Bottles, 24 oz. 1087509 011.0013596 011.120010 $ 22.50 0515-471 Plastic Spray Bottle Trigger, 1087509 011.0013596 011.120010 $ 856.00 0552-670 Lotusoft White, 2-ply, Toilet 1087509 011.0013596 011.120010 $ 3,128.00 0552-800 GP White Multifold Towel 1087509 011.0013596 011.120010 $ 65.96 0552-900 Pacific Blue White Roll 1087509 011.0013596 011.120010 $ 88.20 0552-901 Pro -Towel Complete, #98303. 1087509 011.0013596 011.120010 $ 416.17 Sales Tax 9.5% 1087509 02/12/2019 602183 $ 4,796.93 005825 - FRONTIER 011.9019.560010 $ 55.01 Period: 01/16/19 - 02/15/19 011619 02/12/2019 602184 $ 55.01 000899 - GALLS, LLC 011.1033.540000 $ 191.99 LACFD Wildland Brush Shirt 11681199 02/12/2019 602185 $ 191.99 000147 - GENERAL PUMP COMPANY, 020.1084.900000 $ 71,000.00 Well 16 Pump & Motor Project 26849 INC 02/12/2019 602186 $ 71,000.00 000077 - GOLDEN BELL PRODUCTS, 011.1043.520000 $ 1,424.50 Release It #GB2090, 55 gallon drum. 16568 011.0013604 INC 011.1043.520000 $ 135.33 Sales Tax 9.5% 16568 71 02/12/2019 602187 $ 1,559.83 Printed: 2/26/2019 4:13:44PM Page 22 of 42 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 EARLY CHECKS AGGUUN I I Iy V V I%.0 r.-............. ....... ..-.........,. VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER AMOUNT 001346 - HAAKER EQUIPMENT 011.1046.520000 $ 750.00 VA 46564 8" X 62" suction hoses C48685 011.0013559 COMPANY 011.1046.520000 $ 71.25 Sales Tax 9.5% C48685 011.1046.520000 $ -66.48 Credit C48796 011.1046.520000 $ 84.91 Supplies C48798 011.1046.520000 $ -84.91 Credit C49009 011.1046.520000 $ 62.53 EL 1041238 air regulator valve C49010 011.0013566 011.1046.520000 $ 5.94 Sales Tax 9.5% C49010 02/12/2019 602188 $ 823.24 005004 - LENORD'S CUSTOM 020.1084.520000 $ 1,300.00 (5) Shelfs for Chlorinator Pump 10188 011.0013625 FABRICATION 020.1084.520000 $ 100.75 Sales Tax 7.75% 10188 02/12/2019 602189 $ 1,400.75 000121- LU'S LIGHTHOUSE, INC 011.1046.520000 $ 17.65 11134 4 pole tow plug connectors 1131110 011.0013557 011.1046.520000 $ 6.60 3157 bulbs 1131110 011.0013557 011.1046.520000 $ 124.96 530 ECCO back-up alarms 1131110 011.0013557 011.1046.520000 $ 14.18 Sales Tax 9.5% 1131110 02/12/2019 602190 $ 163.39 005217 - PUMP CHECK 020.1084.590000 $ 6,175.00 Pump Efficiency Testing 7490 02/12/2019 602191 $ 6,175.00 72 Printed: 2/26/2019 4:13:44PM Page 23 of 42 CITY Of VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 EARLY CHECKS ACCOUNT - INVOICE PAYMENT CHECK PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE - NUMBER AMOUNT 001685 - S&A ENGINE, INC 011.1046.520000 $ 29.74 16011-ZAO-931 carburetor needle 39045 011.0013561 011.1046.520000 $ 14.84 16010-ZE2-812 carburetor gasket set 39045 011.0013561 011.1046.520000 $ 6.95 0125 cleaner 39045 011.0013561 011.1046.520000 $ 19.95 17210-ZE3-505 a.c. filter 39045 011.0013561 011.1046.520000 $ 4.75 Shop material 39045 011.0013561 011.1046.590000 $ 147.50 Labor to diagnose and repair 39045 011.0013561 011.1046.520000 $ 7.24 Sales Tax 9.5% 39045 02/12/2019 602192 $ 230.97 005198 - SCPLRC 011.1026.596700 $ 250.00 Conference Registration— 020519 02/12/2019 602193 $ 250.00 001017 - SPRINT 011.9019.560010 $ 34.61 Period: 11/18 677975318205 02/12/2019 602194 $ 34.61 000191- STATE STREET LAUNDRY 011.1031.520000 $ 11.70 Laundry Services— 11721 011.0013233 011.1031.520000 $ 7.20 Laundry Services— 11722 011.0013233 011.1031.520000 $ 6.30 Laundry Services— 11723 011.0013233 011.1031.520000 $ 3.60 Laundry Services— 11724 011.0013233 02/12/2019 602195 $ 28.8C 73 Pale 24 of 42 Printed: 2/26/2019 4:13:44PM CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 EARLY CHECKS ACCOUNT INVOICE PAYMENT CHECK PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER AMOUNT 005556 - SWEINHART ELECTRIC CO 011.1049.590000 $ 231.00 Generator Maintenance 19896 011.1049.590000 $ 214.00 Generator Maintenance 19897 011.1049.590000 $ 214.00 Generator Maintenance 19898 011.1049.590000 $ 214.00 Generator Maintenance 19899 011.1049.590000 $ 231.00 Generator Maintenance 19900 011.1049.590000 $ 214.00 Generator Maintenance 19901 011.1049.590000 $ 214.00 Generator Maintenance 19902 011.1049.590000 $ 214.00 Generator Maintenance 19903 02/12/2019 602196 $ 1,746.00 002358 - TETRA TECH, INC. 011.1060.595200 $ 3,703.91 Professional Services 51377254 02/12/2019 602197 $ 3,703.91 001481- VERIZON WIRELESS 011.9019.560010 $ 616.67 Period: 12/18 71021852 02/12/2019 602198 $ 616.67 000404 - W.I.S.E., INC 011.1046.520000 $ 76.00 SHD936 black nitrile gloves 116498801 011.0013556 011.1046.520000 $ 7.22 Sales Tax 9.5% 116498801 02/12/2019 602199 $ 83.22 005708 - WILLDAN ENGINEERING 011.1041.595200 $ 11,050.00 Code Enforcement Services 220392 02/12/2019 602200 $ 11,050.00 006532 - ACCO ENGINEERED SYSTEMS 011.199999 $ 1,852.33 Refund 100% per Request 2/6/19 Ref000213692 02/14/2019 602201 $ 1,85 74 Pale 25 of 42 Printed: 2/26/2019 4:13:44PM CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 EARLY CHECKS ACCOUNT INVOICE PAYMENT CHECK PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER AMOUNT 006308 - ANAYA SERVICE CENTER 011.1046.520000 $ 138.95 DG1Z-6675-F oil pan 31155 011.0013560 011.1046.520000 $ 28.95 TA-30 sealant 31155 011.0013560 011.1046.520000 $ 12.00 Oil 31155 011.0013560 011.1046.590000 $ 270.00 Labor to replace oil pan 31155 011.0013560 011.1046.520000 $ 17.09 Sales Tax 9.5% 31155 02/14/2019 602202 $ 466.99 001027 - D&R OFFICE WORKS, INC 055.9100.900000 $ 5,091.09 Office Furniture 1118661N 055.9000.596700 $ 3,600.41 Furniture 1118771N 02/14/2019 602203 $ 8,691.50 000947 - DAILY JOURNAL 020.1084.596600 $ 92.40 Publication Services B3215023 CORPORATION 020.1084.596600 $ 92.40 Publication Services B3215032 02/14/2019 602204 $ 184.80 004996 - DIESEL EMISSIONS DIRECT 011.1046.520000 $ 125.00 Labor to remove 208 ac module from 7402 011.0013562 011.1046.590000 $ 125.00 Labor to install 208 ac module on unit 7402 011.0013562 011.1046.590000 $ 225.00 Labor to remove 208 heater box from 7402 011.0013562 011.1046.590000 $ 225.00 Labor to install 208 heater box on unit 7402 011.0013562 011.1046.590000 $ 100.00 Labor to install parts removed from 7402 011.0013562 011.1046.590000 $ 125.00 Labor to perform system operation test 7402 011.0013562 011.1046.590000 $ 195.00 Mobile service fee 7402 011.0013562 02/14/2019 602205 $ 1,12(75 Printed: 2/26/2019 4:13:44PM Page 26 of 42 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 EARLY CHECKS ACCOUNT INVOICE PAYMENT CHECK PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER AMOUNT 004181- FRANCHISE TAX BOARD 020.210260 $ 148.41 Garnishment: Payment Ben213705 055.210260 $ 841.00 Garnishment: Payment Ben213705 02/14/2019 602206 $ 989.41 006370 - HAASTECH, INC 011.1060.596200 $ 425.00 Consulting Services 24388 02/14/2019 602207 $ 425.00 000971- KJSERVICES 011.1040.595200 $ 380.00 Used Oil Recycling Program 1439 ENVIRONMENTAL CONSU 011.1040.466800 $ 3,582.56 Used Oil Recycling Program 1446 02/14/2019 602208 $ 3,962.56 000255 - LN CURTIS & SONS 011.1033.570000 $ 427.40 Part Number K5035FL PERF ADV— INV222854 011.0013441 011.1033.570000 $ 155.70 Part Number K5060 PERF ADV— INV222854 011.0013441 011.1033.570000 $ 68.20 Part Number 1029 PERF ADV— INV222854 011.0013441 011.1033.570000 $ 70.20 Part Number 1004-Y PERF ADV— INV222854 011.0013441 011.1033.570000 $ 12.67 Freight INV222854 011.0013441 011.1033.570000 $ 68.54 Sales Tax 9.5% INV222854 011.1033.570000 $ 237.40 Part Number K5030-Y PERF ADV— INV243321 011.0013441 011.1033.570000 $ 313.40 Part Number K5025-Y PERF ADV— INV243321 011.0013441 011.1033.570000 $ 131.50 Part Number K5050-Y PERF ADV— INV243321 011.0013441 011.1033.570000 $ 32.70 Freight INV243321 011.0013441 011.1033.570000 $ 64.82 Sales Tax 9.5% INV243321 02/14/2019 602209 $ 1,5876 Pale 27 of 42 Printed: 2/26/2019 4:13:44PM CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 EARLY CHECKS ACCOUNT INVOICE PAYMENT CHECK "PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE '' NUMBER AMOUNT 000805 - RIO HONDO COLLEGE 011.1026.596905 $ 73.60 Enrollment Fee F18209ZVRN 02/14/2019 602210 $ 73.60 003775 - SILVA'S PRINTING NETWORK 055.9200.520000 $ 184.42 Mailing Labels (Pinfed)- City of Vernon 26802 055.0002710 055.9200.520000 $ 17.52 Sales Tax 9.5% 26802 055.7100.520000 $ 1,589.32 Quantity 30,000— 26886 055.0002716 055.7100.520000 $ 150.99 Sales Tax 9.5% 26886 02/14/2019 602211 $ 1,942.25 004441 - U.S. DEPT OF EDUCATION 011.210260 $ 408.74 Garnishment: Payment Ben213703 NATIONA 000005 - A THRONE CO, INC 055.8100.596200 $ 055.8100.596200 $ 055.8100.596200 $ 001624 - ALLSTAR FIRE EQUIPMENT, 011.1033.590000 $ INC 006308 - ANAYA SERVICE CENTER 84.00 Portable Restrooms 562599 279.14 Portable Restrooms 562600 88.95 Portable Restrooms 562601 400.47 Compressor Service 213117 011.1046.520000 $ 5.95 f3tz71278a bushing kit 011.1046.520000 $ 58.95 f5727212aa tube 011.1046.590000 $ 180.00 labor 011.1046.520000 $ 6.17 Sales Tax 9.5% 31208 31208 31208 31208 02/14/2019 602212 $ 408.74 02/21/2019 602213 $ 452.09 02/21/2019 602214 $ 400.47 011.0013568 011.0013568 011.0013568 77 02/21/2019 602215 $ 251.07 Printed: 2/26/2019 4:13:44PM Page 28 of 42 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 EARLY CHECKS ACCOUNT INVOICE VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION 000395 - CAEHA 011.1060.596200 $ 82,567.41 Temporary Staffing PAYMtN I C."Mr. rHnvI tiv I INVOICE P.O.# DATE NUMBER AMOUNT 11149 02/21/2019 602216 $ 82,567.41 Page 29 of42 Printed: 2/26/2019 4:13:44PM CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 EARLY CHECKS ACCOUNT INVOICE PAYMENT CHECK PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER AMOUNT 005490 - CINTAS CORPORATION 020.1084.540000 $ 120.27 Uniforms 4015431885 055.8000.540000 $ 32.88 Uniforms 4015431885 055.8100.540000 $ 93.15 Uniforms 4015431885 056.5600.540000 $ 36.86 Uniforms 4015431885 011.1043.540000 $ 119.35 Uniforms 4015457467 011.1046.540000 $ 34.98 Uniforms 4015457467 011.1047.540000 $ 27.09 Uniforms 4015457467 011.1049.540000 $ 39.57 Uniforms 4015457467 020.1084.540000 $ 123.12 Uniforms 4015876584 055.8000.540000 $ 32.88 Uniforms 4015876584 055.8100.540000 $ 93.15 Uniforms 4015876584 056.5600.540000 $ 36.86 Uniforms 4015876584 011.1043.540000 $ 119.35 Uniforms 4015951915 011.1046.540000 $ 34.98 Uniforms 4015951915 011.1047.540000 $ 27.09 Uniforms 4015951915 011.1049.540000 $ 39.57 Uniforms 4015951915 020.1084.540000 $ 98.21 Uniforms 53339845 055.8000.540000 $ 32.88 Uniforms 53339845 055.8100.540000 $ 112.98 Uniforms 53339845 056.5600.560000 $ 34.88 Uniforms 53339845 020.1084.540000 $ 101.63 Uniforms 53356450 79 055.8000.540000 $ 29.25 Uniforms 53356450 055.8100.540000 $ 116.61 Uniforms 53356450 Printed: 2/26/2019 4:13:44PM Page 30 of 42 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 EARLY CHECKS ACCOUNT INVOICE PAYMENT CHECK PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE - NUMBER AMOUNT 005490 - CINTAS CORPORATION 056.5600.540000 $ 34.88 Uniforms 53356450 011.1043.540000 $ 126.55 Uniforms 53357012 011.1046.540000 $ 28.49 Uniforms 53357012 011.1047.540000 $ 27.09 Uniforms 53357012 011.1049.540000 $ 38.85 Uniforms 53357012 020.1084.540000 $ 101.63 Uniforms 53359758 055.8000.540000 $ 29.25 Uniforms 53359758 055.9100.540000 $ 116.61 Uniforms 53359758 056.5600.540000 $ 34.88 Uniforms 53359758 011.1043.540000 $ 126.55 Uniforms 53360330 011.1046.540000 $ 28.49 Uniforms 53360330 011.1047.540000 $ 27.09 Uniforms 53360330 011.1049.540000 $ 38.85 Uniforms 53360330 020.1084.540000 $ 103.53 Uniforms 53363071 055.8000.540000 $ 40.99 Uniforms 53363071 055.8100.540000 $ 125.15 Uniforms 53363071 056.5600.560000 $ 35.66 Uniforms 53363071 011.1043.540000 $ 126.55 Uniforms 53363645 011.1046.540000 $ 74.49 Uniforms 53363645 011.1047.540000 $ 27.09 Uniforms 53363645 011.1049.540000 $ 38.85 Uniforms 53363645 02/21/2019 602217 $ 2,8680 Printed: 2/26/2019 4:13:44PM Page 31 of 42 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 EARLY CHECKS ACCOUNT INVOICE PAYMENT , CHECK PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER AMOUNT 000668 - CLEARS, INC 011.1031.596550 $ 100.00 Membership Dues— 013119 02/21/2019 602218 $ 100.00 001347 - CPS HR CONSULTING 011.1026.596200 $ 403.70 Testing Services SOP48174 02/21/2019 602219 403.70 001027 - D&R OFFICE WORKS, INC 055.9000.596700 $ 8,543.47 Furniture 1118671N 055.9000.596700 $ 268.79 Furniture 1122811N 055.9000.596700 $ -79.29 Credit 112463CM 02/21/2019 602220 $ 8,732.97 004584 - JARED DACEY 055.9100.502030 $ 374.46 Vision Benefits / J. Dacey 010919 02/21/2019 602221 $ 374.46 002566 - DEWEY PEST CONTROL 056.5600.590000 $ 65.00 Pest Control Services 12313102 056.5600.590000 $ 65.00 Pest Control Services 12381014 02/21/2019 602222 $ 130.00 001137 - BRANDON GRAY 011.1031.596500 $ 254.38 Annual CHIA Conference 020519 02/21/2019 602223 $ 254.38 005159 - LISETTE GRIZZELLE 011.1026.596500 $ 38.98 WRI PAC Job Analysis Training 020419 011.1026.596500 $ 12.24 LCW Advanced Fair Labor Standards Act 021119 02/21/2019 602224 $ 51.22 Pale 32 of 42 Printed: 2/26/2019 4:13:44PM CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 EARLY CHECKS ACCOUNT INVOICE PAYMENT CHECK PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER AMOUNT 006302 - HASA, INC 020.1084.500140 $ 187.63 Sodium Hypochlorite 624961 020.1084.500140 $ 163.16 Sodium Hypochlorite 624962 020.1084.500140 $ 195.79 Sodium Hypochlorite 624963 020.1084.500140 $ 163.16 Sodium Hypochlorite 624964 020.1084.500140 $ 163.16 Sodium Hypochlorite 624965 020.1084.500140 $ 785.33 Sodium Hypochlorite 625928 020.1084.500140 $ 174.58 Sodium Hypochlorite 626078 020.1084.500140 $ 163.16 Sodium Hypochlorite 626080 020.1084.500140 $ 163.16 Sodium Hypochlorite 626082 020.1084.500140 $ 187.63 Sodium Hypochlorite 626083 020.1084.500140 $ 179.47 Sodium Hypochlorite 626087 020.1084.500140 $ 97.89 Sodium Hypochlorite 626840 020.1084.500140 $ 114.21 Sodium Hypochlorite 626841 020.1084.500140 $ 244.73 Sodium Hypochlorite 626842 020.1084.500140 $ 163.16 Sodium Hypochlorite 626843 020.1084.500140 $ 106.05 Sodium Hypochlorite 626844 020.1084.500140 $ 97.89 Sodium Hypochlorite 626845 020.1084.500140 $ 171.31 Sodium Hypochlorite 627754 020.1084.500140 $ 169.68 Sodium Hypochlorite 627755 020.1084.500140 $ 130.52 Sodium Hypochlorite 627756 020.1084.500140 $ 163.16 Sodium Hypochlorite 627757 82 020.1084.500140 $ 97.89 Sodium Hypochlorite 627758 020.1084.500140 $ 228.42 Sodium Hypochlorite 627760 Printed: 2/26/2019 4:13:44PM Page 33 of 42 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 EARLY CHECKS ACCOUNT INVOICE VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION 006302 - HASA, INC 020.1084.500140 $ 1,001.32 Sodium Hypochlorite 020.1084.500140 $ 205.58 Sodium Hypochlorite 020.1084.500140 $ 200.68 Sodium Hypochlorite 020.1084.500140 $ 163.16 Sodium Hypochlorite 020.1084.500140 $ 179.47 Sodium Hypochlorite 020.1084.500140 $ 146.84 Sodium Hypochlorite 005351 - HI -LINE INC 011.1046.520000 $ 74.04 AS72 high powered brake cleaner 011.1046.520000 $ 6.90 CTRU8RD 8" reusable cable ties 011.1046.520000 $ 10.90 CTRU12RD 12" reusable cable ties 011.1046.520000 $ 14.40 CTRU14RD 14" reusable cable ties 011.1046.520000 $ 20.50 CTRU20RD 20" reusable cable ties 011.1046.520000 $ 21.76 CTRU26RD 26" reusable cable ties 011.1046.520000 $ 26.12 CTRU32RD 32" reusable cable ties 011.1046.520000 $ 16.59 Sales Tax 9.5% 001402 - HUNTINGTON PARK RUBBER 011.1004.520000 $ 391.50 Date Stamp — STAMP C 011.1004.520000 $ 37.19 Sales Tax 9.5% 005408 - HYDRAFIL, INC 055.8400.590000 $ 2,220.88 Pall HC8300FXS16H— INVOICE 628495 628724 628727 628728 628729 628730 10675870 10675870 10675870 10675870 10675870 10675870 10675870 10675870 BB015635 BB015635 PAYMENT GHEGK P.O.# DATE NUMBER 02/21/2019 602225 $ 6,208.19 011.0013564 011.0013564 011.0013564 011.0013564 011.0013564 011.0013564 011.0013564 02/21/2019 602226 $ 191.21 011.0013607 02/21/2019 602227 $ 428.69 78818 055.0002705 83 02/21/2019 602228 $ 2,220.88 Printed: 2/26/2019 4:13:44PM Page 34 of 42 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 EARLY CHECKS ACCOUNT INVOICE PAYMENT CHECK PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER AMOUNT 001792 - LA COUNTY ASSESSOR 011.9019.590110 $ 64.00 SBF Abstract 19ASRE130 OFFICE 02/21/2019 602229 64.00 005340 - LA POOL GUYS 011.1049.590000 $ 210.00 Pool Maintenance 1267 02/21/2019 602230 $ 210.00 006422 - MARIPOSA LANDSCAPES, INC 011.1049.590000 $ 3,582.00 Landscape Maintenance 83321 02/21/2019 602231 $ 3,582.00 005014 - ZAYNAH MOUSSA 011.1024.596500 $ 125.74 LCW Labor & Employment Conference 012819 02/21/2019 6022.32 $ 125.74 005504 - NTS MIKEDON, LLC 011.1043.596700 $ 810.00 8 hour Excavation Safety Training to be 745826 011.0013511 02/21/2019 602233 $ 810.00 006416 - PRIORITY BUILDING 011.1049.590000 $ 9,005.38 Janitorial Services 01/19 61875 SERVICES, LL 011.1049.590000 $ 9,005.38 Janitorial Services 02/19 62164 02/21/2019 602234 $ 18,010.76 004451 - QUALITY JET ROOTER, INC 011.1049.590000 $ 610.00 Plumbing Maintenance 23286 02/21/2019 602235 $ 610.00 003271 - ROBERTSON'S 011.1043.520000 $ 1,250.60 Supplies 382485 02/21/2019 602236 $ 1,250.60 84 000141- THOMSON REUTERS - WEST 011.1031.596600 $ 816.00 Subscription Charges 839675318 02/21/2019 602237 $ 816.00 Printed: 2/26/2019 4:13:44PM Page 35 of 42 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 EARLY CHECKS ACCOUNT INVOICE PAYMENT CHECK PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER AMOUNT 006371 - TIREHUB, LLC 011.1046.520000 $ 320.72 P275/55R20 goodyear eagle Is-2 tires 6269556 011.0013565 011.1046.520000 $ 30.47 Sales Tax 9.5% 6269556 011.1046.520000 $ 1,105.92 245/55r18 good year eagle tire 6316037 011.0013567 011.1046.S20000 $ 105.06 Sales Tax 9.5% 6316037 02/21/2019 602238 $ 1,562.17 000282 - TRI-CITY MUTUAL WATER 011.1033.560000 $ 157.50 Period: 01/19 020119 COMPANY 02/21/2019 602239 $ 157.50 003903 - US HEALTHWORKS MEDICAL 011.1026.597000 $ 131.00 Medical Services 3462071CA GROUP, 011.1026.597000 $ 94.00 Medical Services 3465074CA 02/21/2019 006205 - MARISSA VELEZ 011.1031.596500 $ 23.63 Crisis Intervention Tactics 021219 02/21/2019 000404- W.I.S.E., INC 011.1046.520000 $ 171.58 63301 vise 116517901 011.0013S63 011.1046.520000 $ 16.30 Sales Tax 9.5% 116517901 02/21/2019 TOTAL EARLY CHECKS 602240 $ 225.00 602241 $ 23.63 602242 $ 187.88 85 Printed: 2/26/2019 4:13:44PM Page 36 of 42 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 WARRANTS ACCOUNT INVOICE PAYMENT CHECK PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER AMOUNT 001723 - AFC HYDRAULIC SEALS & 011.1046.520000 $ 195.00 16100r4 high pressure hose 27803 011.0013574 REPAIR 011.1046.590000 $ 300.00 labor 27803 011.0013574 011.1046.520000 $ 18.53 Sales Tax 9.5% 27803 03/05/2019 602243 $ 513.53 005667 - ALTA PLANNING DESIGN 011.1043.596200 $ 1,036.81 Professional Services 20181872 011.3043.596200 $ 5,875.26 Professional Services 20181872 03/05/2019 602244 $ 6,912.07 001644 - ANTHONY KOSTALLAS, O.D. 055.9000.502030 $ 300.00 Vision Benefits / A. Kimmey 021919 005475 - MARIA AYALA 011.1003.502030 $ 011.1003.502030 $ 011.1003.502030 $ 005366 - BLACK & WHITE EMERGENCY 011.1031.570000 $ VEHICL 000818 - CAMINO REAL CHEVROLET 011.1046.520000 $ 011.1046.590000 $ 011.1046,520000 $ 03/05/2019 602245 $ 300.00 310.00 Vision Benefits / M. Ayala 021919 310.00 Vision Benefits / B. Ayala 021919(2) 139.00 Vision Benefits / D. Ayala 021919(3) 03/05/2019 602246 $ 759.00 80.00 Unit 20 Repair 2899 03/05/2019 602247 $ 80.00 4.57 25879579 seat bumper CVCS153907 011.0013575 390.00 labor to install CVCS153907 011.0013575 0.43 Sales Tax 9.5% CVCS153907 86 03/05/2019 602248 $ 39 , Printed: 2/26/2019 4:13:44PM Page 37 of 42 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 WARRANTS ACCOUNT INVOICE PAYMENT CHECK PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER AMOUNT 000737 - RENAN CASTRO 011.1047.502030 $ 119.00 Vision Benefits / B. Castro 021919 03/05/2019 602249 $ 119.00 003088 - CLINICAL LAB OF SAN 020.1084.500140 $ 747.00 Lab Services 966916 BERNARDINO 03/05/2019 602250 $ 747.00 000947 - DAILY JOURNAL 011.1003.596300 $ CORPORATION 011.1003.596300 $ 011.1003.550000 $ 011.1003.550000 $ 004862 - DR. JAMES R. HENSLICK 011.1033.502030 $ 004438 - FLEMING ENVIRONMENTAL, 011.1049.590000 $ INC 011.1049.590000 $ 001137 - BRANDON GRAY 011.1031.502030 $ 006209 - MARY SHOOK GROSSBERG 011.1026.502031 $ 96.60 Publication Services B3218604 96.60 Publication Services B3218608 134.40 Publication Services B3220198 130.20 Publication Services B3220200 434.00 Vision Benefits / P. Johnson 021919 650.00 Operator Site Inspections 02/19 14500 60.00 Service Call 14501 363.96 Vision Benefits / E. Gray 021919 282.98 Vision Benefits / M. Grossberg 021919 03/05/2019 602251 $ 457.80 03/05/2019 602252 $ 434.00 03/05/2019 602253 $ 03/05/2019 602254 $ 03/05/2019 602255 $ 710.00 363.96 28 87 Printed: 2/26/2019 4:13:44PM Page 38 of 42 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 WARRANTS ACCOUNT INVOICE P VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# 001346 - HAAKER EQUIPMENT 011.1046.520000 $ 55.90 shop supplies and environmental charges W54371 011.0013570 COMPANY 011.1046.590000 $ 558.96 labor W54371 011.0013570 011.1046.520000 $ 5.31 Sales Tax 9.5% W54371 CHECK NUMBER 03/05/2019 602256 $ 620.17 004143 - INTERWEST CONSULTING 011.1041.595200 $ 1,433.45 Professional Services 47019 GROUP, IN 03/05/2019 602257 $ 1,433.45 001368 - PAUL JOHNSON 011.1033.502030 $ 150.00 Vision Benefits / A. Johnson 021919 03/05/2019 602258 $ 150.00 000833 - CHADRICK MCGOVNEY 011.1033.502030 $ 138.00 Vision Benefits / C. McGovney 021919 03/05/2019 602259 $ 138.00 003660 - JACK MEGORDEN 055.9100.502030 $ 300.00 Vision Benefits / C. Megorden 021919 055.9100.502030 $ 300.00 Vision Benefits / J. Megorden 021919(2) 03/05/2019 602260 $ 600.00 005410 - OCTAVIEN NGARAMBE 055.9200.502030 $ 339.00 Vision Benefits / G. Ntirampeda 021919 03/05/2019 602261 $ 339.00 88 Printed:2/26/2019 4:13:44PM Page 39 of 42 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 WARRANTS ACCOUNT INVOICE PAYMENT CHECK PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER AMOUNT 003167 - PREFERRED AERIAL & CRANE 011.1046.590000 $ 200.00 Labor to perform annual osha required 16311 011.0013576 011.1046.590000 $ 200.00 Labor to perform annual osha required 16311 011.0013576 011.1046.590000 $ 200.00 Labor to perform annual osha required 16311 011.0013576 011.1046.590000 $ 275.00 Labor to perform annual osha required 16311 011.0013576 011.1046.590000 $ 275.00 Labor to perform annual osha required 16311 011.0013576 011.1046.590000 $ 90.00 Labor to perform proof load test (1-1026) 16311 011.0013576 03/05/2019 602262 $ 1,240.00 006062 - RANDY R BURT, O.D. 011.1026.502031 $ 300.00 Vision Benefits / H. DeFrank 021919 03/05/2019 602263 $ 300.00 000906 - WENCESLAO REYNOSO 011.1041.596500 $ 51.23 2018 CALBO Education Week 020718 011.1041.596500 $ 14.72 2018 CALBO Education Week 020719(2) 03/05/2019, 602264 $ 65.95 000050 - NORMA RODRIGUEZ 011.1031.502030 $ 227.30 Vision Benefits / N. Rodriguez 021919 03/05/2019 602265 $ 227.30 001086 - SHIRLEY SALAS 011.1004.502030 $ 400.00 Vision Benefits / F. Salas 021919 03/05/2019 602266 $ 400.00 002051 - EFRAIN SANDOVAL 055.9000.596500 $ 38.28 Natural Gas Physical & Financial 020619 03/05/2019 602267 $ 38.28 001470 - SHAHRAM SHARIFZADEH 055.9000.596500 $ 41.18 Natural Gas Physical & Financial 020619 03/05/2019 602268 $ 4!89 Printed: 2/26/2019 4:13:44PM Page 40 of 42 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 WARRANTS ACCOUNT INVOICE VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION 006438 - STREAM KIM HICKS WRAGE 011.1024.593200 $ 7,454.00 Professional Services — PAYMENT CHECK INVOICE P.O.# DATE NUMBER 2315 PAYMENT AMOUNT 03/05/2019 602269 $ 7,454.00 TOTAL WARRANTS y c ca.vi Printed: 2/26/2019 4:13:44PM Page 41 of 42 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 17 MARCH 5, 2019 RECAP BY FUND FUND ELECTRONIC TOTAL EARLY CHECK TOTAL 011-GENERAL 020 - WATER 055 - LIGHT & POWER 056 - NATURAL GAS 057 - FIBER OPTIC GRAND TOTAL TOTAL CHECKS TO BE PRINTED 27 $ 729,513.06 $ 53,832.78 8,916,266.89 21,864.32 3,926.05 $ 9,725,403.10 $ 232,258.65 $ 94,794.58 24,594.16 415.33 0.00 WARRANT TOTAL 23,056.21 $ 747.00 1,318.46 0.00 0.00 352,062.72 $ 25,121.67 $ GRAND TOTALS 984,827.92 149,374.36 8,942,179.51 22,279.65 3,926.05 10,102,587.49 91 Printed: 2/26/2019 4:13:44PM Page 42 of 42 City Council Agenda Item Report Agenda Item No. COV-97-2019 Submitted by: Danita Robertson Submitting Department: Police Department Meeting Date: March 5, 2019 SUBJECT Vernon Police Department Activity Log and Statistical Summary for the period of February 1 through February 15, 2019 Recommendation: A. Receive and file. Background: The Vernon Police Department's activity report consists of activity during the specified reporting period, including a summary of calls for service, and statistical information regarding arrests, traffic collisions, stored and impounded vehicles, recovered stolen vehicles, the number of citations issued, and the number of reports filed. Fiscal Impact: None. ATTACHMENTS • 1. Police Department Activity Report - 02/01/19 to 02/15/19 'A VERNON POLICE DEPARTMENT Department Activity Report Jurisdiction: VERNON Department Complaint Type Description VPD First Date: 02/01/2019 Last Date: 02/15/2019 All Units Primary Unit 10-6 OFFICER IS 10-6 C7,961,962,10-10, WASH, EQUIPN 120 13 10-96H PICK UP THE JAIL PAPER WORK FROM HP JAIL 2 2 10-96M 10-96 MARY (MAIL DETAIL) 6 5 140 SUPPLEMENTAL REPORT 3 20001 INJURY HIT AND RUN 6 1 20002 NON -INJURY HIT AND RUN 8 4 20002R NON -INJURY HIT AND RUN REPORT 7 5 211 R ROBBERY REPORT 5 l 242R BATTERY REPORT 4 2 245 ASSAULT WITH A DEADLY WEAPON 3 I 273.5R DOMESTIC VIOLENCE REPORT 3 1 415 DISTURBING THE PEACE 28 1 1 422R TERRORIST THREATS REPORT 6 4 459A AUDIBLE BURGLARY ALARM ' 74 89 459S SILENT BURGLARY ALARM 11 5 459VR BURGLARY TO A VEHICLE REPORT 5 3 476R FRAUD REPORT 1 1 484R PETTY THEFT REPORT 8 5 487R GRAND THEFT REPORT 1 1 5150 SUBJECT WITH MENTAL DISABILITIES 1 1 586 PARKING PROBLEM 28 23 594 VANDALISM 6 2 594R VANDALISM REPORT 3 2 602 TRESPASS 15 7 647F DRUNK IN PUBLIC 2 1 901 UNKNOWN INJURY TRAFFIC COLLISION 4 1 901T INJURY TRAFFIC COLLISION 19 7 901TR INJURY TRAFFIC COLLISION REPORT 8 2 902T NON -INJURY TRAFFIC COLLISION 48 25 902TR NON -INJURY TRAFFIC COLLISION REPORT 1 1 909C TRAFFIC CONTROL 3 2 909T TRAFFIC HAZARD 12 8 911 911 MISUSE / HANGUP 3 2 911A CONTACT THE REPORTING PARTY 9 7 917A ABANDONED VEHICLE 3 2 925 SUSPICIOUS CIRCUMSTANCES 48 20 AGTAR ATTEMPT GRAND THEFT AUTO REPORT 1 1 ASTVFD ASSIST VERNON FIRE DEPARTMENT 42 26 BOSIG BROKEN SIGNAL OR LIGHT 1 1 BOVEH BROKEN DOWN VEHICLE 23 18 CITCK CITATION CHECK 1 1 CIVIL CIVIL MATTER 4 3 CODE5 SURVEILLANCE/STAKE-OUT 7 3 COP COP DETAIL 6 6 DEAD ANIMAL DEAD ANIMAL FOR REMOVAL 1 1 DEMOSTRA DEMONSTRATION 3 3 DIET DETECTIVE INVESTIGATION 23 '4 93 0211712019 02:17.06 Page 1 of 2 VERNON POLICE DEPARTMENT Department Activity Report First Date: 02/01/2019 Jurisdiction: VERNON Last Date: 02/15/2019 Department Complaint All Units Primary Unit Type Description VPD DETAIL DETAIL 3 3 DPTAST DEPARTMENTAL ASSIST 8 4 DUPLICATE TO BE USED WHEN A CALL IS DUPLICATED 1 1 FILING OFFICER IS 10-6 REPORT WRITING 50 47 FOUND FOUND PROPERTY REPORT 1 1 FU FOLLOW UP 3 z GTAR GRAND HEFT AUTO REPORT 2 2 HBC HAILED BY A CITIZEN 10 8 ID THEFT IDENTITY THEFT 1 1 ILLDPG ILLEGAL DUMPING 1 1 KTP KEEP THE PEACE 5 2 LOCATE LOCATED VERNON STOLEN VEHICLE 2 2 LOJACK LOJACK HIT 3 3 LPR LICENSE PLATE READER 9 8 MR60 MISC REPORT 1 1 PANIC ALARM PANIC ALARM/DURESS ALARM 2 2 PAPD PUBLIC ASSIST -POLICE 4 3 PATCK PATROL CHECK 65 62 PEDCK PEDESTRIAN CHECK 42 29 PLATE LOST OR STOLEN PLATES REPORT 1 1 PRSTRAN PRISONER TRANSPORTED 10 .0 REC RECOVERED STOLEN VEHICLE 11 $ REPO REPOSSESSION 3 3 ROADRAGE ROAD RAGE 3 2 RR RAIL ROAD PROBLEM 6 4 SEAACA SEAACA ANIMA' CALLS 1 1 SRMET SRMET DETAIL 29 29 TEST TEST CALL 2 2 TRAFFIC STOI TRAFFIC STOP 115 99 VCK VEHICLE CHECK 92 70 VEH RELEASE VEHICLE RELEASE 3 3 VMCVIO VERNON MUNICIPAL CODE VIOLATION 1 1 WARRANT WARRANT ARREST 3 2 WELCK WELFARE CHECK 18 8 0211712019 02:17.06 Department: 1237 869 Overall. 1237 869 94 Page 2 of 2 VERNON POLICE DEPARTMENT Police Activity Report Period Ending: 02/15/19 TRAFFIC COLLISIONS NO. PROPERTY RECOVERED TOTAL 20 VEHICLES: $39,800.00 NON -INJURY 13 INJL RY 7 Persons Injured 8 Pedestrian Fatalities City Property Damage 2 Hit & Run (Misdemeanor) 4 Hit & Run (Felony) 1 VEHICLES STORED PROPERTY RECOVERED FOR Unlicensed Driver OTHER DEPARTMENTS Abandoned/Stored Vehicle 5 VEHICLES: $18,250.00 Traffic Hazard CITATIONS Citations Iss (Prisoner Release) 5 Citations Iss (Other Violations) Parking 45 Hazardous 41 Non -Hazardous 28 Citations Iss (Moving) 69 Citations Iss (Total) 114 CASES CLEARED BY ARREST AR19-042 CR19-0193 10851(A) VC AR19-043 CR19-0187 20001(A) VC AR19-044 CR19-0199 10851(A) VC AR19-046 CR19-0212 11550 HS AR19-047 CR19-0214 11377(A) HS AR19-048 CR19-0219 3056 PC AR19-049 CR19-0223 647(F) PC AR19-050 CR19-0207 422 PC AR19-052 CR19-0236 I I377(A) HS AR19-053 CR19-0237 21310 PC AR19-054 CR19-0242 11377(A) HS 95 VERNON POLICE DEPARTMENT REPORT FOR PERSONS ARRESTED PERIOD ENDING: 02/15/2019 ADULT FELONY ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL ASSAULT W/DEADLY WEAPON BURGLARY DOMESTIC VIOLENCE GRAND THEFT GRAND THEFT AUTO 1 1 2 HIT AND RUN w INJURY 1 1 PAROLE VIOLATION 1 1 WARRANT VERNON CASE WARRANT OUTSIDE AGENCY 1 1 TOTAL FELONY ARRESTS 3 2 1 5 ADULT MISDEMEANOR ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL BATTERY CRIMINAL THREATS 1 1 DRIVING UNDER THE INFLUENCE 1 1 DRUNK IN PUBLIC 1 1 POSSESS CONTROLLED SUBSTANCE 3 3 POSSESSION OF DIRK OR DAGGER 1 1 TRESPASSING VANDALISM UNDER THE INFLUENCE: DRUGS 1 1 WARRANT (VERNON CASE) 4 4 WARRANT (OUTSIDE AGENCY) TOTAL MISD. ARRESTS 12 0 12 JUVENILES DETAINED --- FELONY AND MISDEMEANOR MALE FEMALE TOTAL BURGLARY RESISTING ARREST ROBBERY VANDALISM WARRANTS (BENCH) TOTAL JUVENILES DET. 0 0 0 TOTAL FELONY ARRESTS (ADULT) TO DATE: TOTAL MISDEMEANOR ARRESTS (ADULT) TO DATE: TOTAL JUVENILES DETAINED (FELONY AND MISDEMEANOR) TO DATE: 20 34 1 TOTAL ARRESTS AND DETAINED JUVENILES (FELONY AND MISDEMEANOR) TO DATE: 55 96 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Date: 02/01/2019 Jurisdiction: VERNON Last Date: 02/01/2019 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20190202313 RPT 02/01/2019 00:56:13 HPPD OPER JUAN 1015 WARRANT RITA // ZOE, VERNON VPD DOCHERTYWICH *91 01:01:15 20190202323 RPT 02/01/2019 07:34:11 SINGULAR PRODUCTS 484R 4280 MAYWOOD AV, VERNON VPD OURIQUE,CARLO '25E 20190202349 VREC 02/01/2019 17:17:40 MR C TOW LOCATE 1911 GAGE AVE, HUNTINGTON PARK VPD RECORDS BURE/ `RECD 20190202362 VREC 02/01/2019 21:11:33 REC E 55TH H SANTA FE AV, VERNON VPD NEWTON,TODD *31 W 20190202372 RPT 02/01/2019 23:35:09 SPRINT 866-398-3284 VI 20001 FRUITLAND AV // PACIFIC BL, VERNON VS VPD LANDA,RAFAEL '25W VPD NEWTON,TODD 31W VPD HERNANDEZ,MIG 32E VPD VASQUEZ,LUIS 40E VPD MARTINEZ,GABR S5 VPD ZOZAYA,OSCAR/I T8 01:01:39 01:15:13 01:05:18 01:51:07 Department OCA Number RMS .Iuris VPD CR20190185 CA0197300 07:36:22 07:42:52 08:11:24 17:21:03 17:39:50 Department OCA Number RMS Juris VPD CR20190186 CA0197300 21:11:33 21:48:02 Department OCA Number RMS Juris VPD CR20190187 CA0197300 23:36:14 23:38:35 01:06:51 23:36:15 23:38:11 23:57:08 23:39:23 00:58:53 23:40:21 00:29:55 23:39:52 00:43:46 23:40:15 23:50:05 02102120 c0 05:32:14 4 Page 1 of 1 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Jurisdiction: VERNON First Date: 02/02/2019 Last Date: 02/02/2019 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20190202384 1015 02/02/2019 02:13:42 RPT TRAFFIC STOP 2543 SLAUSON AV, VERNON Department OCA Number RMS Juris VPD CR20190188 CA0197300 VI VPD ZOZAYA,OSCAR/I "T8 02:13:43 04:05:13 20190202393 REPO 02/02/2019 05:13:17 WIN DISTRIBUTION REPO 2043 ROSS, VERNON Department OCA Number RMS.Iuris VPD CR20190189 CA0197300 VPD RECORDS BURE/ *RECD 05:15:59 05:28:53 20190202397 RPT 02/02/2019 06:05:13 JESSICA AMAYA 901T E DISTRICT BL // DOWNEY RD, VERNON Department OCA Number RMS Juris VPD CR20190190 CA0197300 VPD VASQUEZ,LUIS *40E 06:06:23 06:06:24 06:09:52 06:32:55 VPD LANDA,RAFAEL 25W 06:24:44 06:42:57 VPD NEWTON,TODD 31W 06:12:02 06:28:40 VPD HERNANDEZ,MIG 32E 06:07:01 06:08:11 06:54:03 20190202409 RPT 02/02/2019 11:32:06 T-MOBILE (877) 653-7911 902T E VERNON AV // SOTO ST, VERNON Department OCA Number RMS Juris VPD CR20190191 CA0197300 VPD OURIQUE,CARLO *25 11:33:05 11:36:35 12:35:41 VPD VILLEGAS,RICHA 40W 11:33:29 11:38:52 11:40:46 VPD VALENZUELA,FEI 41 E 11:36:51 12:36:19 02103120 (O 04.28.2; Page 1 of 1 00 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Jurisdiction: VERNON First Date: 02/03/2019 Last Date: 02/03/2019 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20190202476 1098 02/03/2019 RPT PEDCK 12:10:29 4320 MAYWOOD AV, VERNON Department OCA Number VPD CR20190192 RMS J0 CA019730300 VPD VILLEGAS,RICHA *32 12:10:29 14:00:57 VPD ESCOBEDO,ALE� 20E 12:10:54 12:12:49 12:49:06 02104120 c0 03:14.24 Page 1 of 1 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Date: 02/04/2019 Jurisdiction: VERNON Last Date: 02/04/2019 Call Number Disp Ten Received Code Complaint Dep Caller Address Officer Unit Dispatch Unit Time Enroute OnScene Depart Arrive Remove Comp 20190202502 1015 02/04/2019 00:43:02 RPT REC E 55TH // ALAMEDA, VERNON Department OCA Number RMS Juris VPD CR20190193 CA0197300 VREC VPD NEWTON,TODD *40 00:43:02 02:40:15 VPD HERNANDEZ,MIG 25W 00:43:05 00:44:09 02:21:02 VPD ONOPA,DANIEL 26E 00:53:18 01:29:38 VPD MARTINEZ,GABR S5 00:43:57 01:29:35 20190202517 RPT 02/04/2019 08:09:03 RSOE AND SHORE ID THEFT 5151 ALCOA AV, VERNON VPD DISPATCH 'DISP 08:59:17 09:00:38 20190202545 RPT 02/04/2019 15:45:22 902T 2600 S SOTO, VERNON VPD CERDA,PAULJR '32E 15:47:58 VPD CERDA,EUGENIO 40W 20190202552 RPT 02/04/2019 19:13:41 DIEGO 20002 4461 S SANTA FE AV, VERNON VPD '32W VPD VASQUEZ,LUIS 31 E Department OCA Number RMS Juris VPD CR20190194 CA0197300 15:50:03 15:49:14 16:31:05 15:49:05 15:55:43 15:56:29 Department OCA Number RMS Juris VPD CR20190195 CA0197300 19:17:42 19:23:38 19:56:36 19:21:10 19:48:29 02105120 O 00:11:3� 0 Page 1 of 1 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Jurisdiction: VERNON First Date: 02/05/2019 Last Date: 02/05/2019 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20190202575 MET 02/05/2019 06:56:44 JAMES RPT 5150 S BOYLE AV // SLAUSON AV, VERNON Department OCA Number RMS Juris VPD CR20190196 CA0197300 VPD OURIQUE,CARLO *MET1 06:59:33 07:07:39 08:31:33 20190202580 REPO 02/05/2019 07:31:44 RPT REPO 6042 ALCOA AV, VERNON Department OCA Number RMS Juris VPD CR20190197 CA0197300 VPD RECORDS BURE/ *RECD 07:36:11 08:33:45 20190202601 1015 02/05/2019 10:05:09 DET 4305 S SANTA FE AV, VERNON VPD HERNANDEZ,EDV *5D32 10:28:01 10:51:00 VPD GAYTAN,LOREN2 5D31 10:28:04 10:50:59 20190202605 MET 02/05/2019 11:01:43 925 4305 S SANTA FE AV, VERNON Department OCA Number RMS Juris RPT VPD CR20190198 CA0197300 VPD CERDA,PAUL,JR *32W 11:02:43 11:03:32 11:11:15 11:29:42 VPD CERDA,EUGENIO 40 11:02:46 11:03:33 11:10:45 11:33:56 VPD PEREZ,NICK L2 11:03:10 11:18:58 VPD OURIQUE,CARLO MET1 11:03:14 11:11:03 12:45:55 20190202615 RPT 02/05/2019 13:01:21 REC 4515 S SOTO, VERNON Department OCA Number RMS Juris VPD CR20190199 CA0197300 VPD CERDA,EUGENIO *40 13:01:42 14:15:45 VPD CERDA,PAUL,JR 32W 13:02:11 13:52:38 VPD VILLEGAS,RICHA 91 E 13:03:54 13:15:33 VPD ESTRADA,IGNACI S3 13:08:50 13:21:49 20190202635 02119120 O 09:14:1! L Page 1 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Jurisdiction: VERNON First Date: 02/05/2019 Last Date: 02/05/2019 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20190202635 RPT 02/05/2019 18:00:01 HARBOR 20002R S DISTRICT BL // ATLANTIC BL, VERNON Department OCA Number RMS Juris VPD CR20190200 CA0197300 VPD CERDA,PAULJR '32W 18:23:00 18:25:11 19:04:43 VPD VILLEGAS,RICHA 91 E 18:33:34 18:41:01 20190202641 RPT 02/05/2019 19:31:15 ROXANA BARRON 459VR PACIFIC BL // 45TH, VERNON Department OCA Number RMS Juris VPD CR20190201 CA0197300 VPD VASQUEZ,LUIS *31 W 19:33:14 19:33:42 19:34:00 20:12:57 20190202642 RPT 02/05/2019 20:20:35 1015 WARRANT 6542 MILES, VERNON Department OCA Number RMS Juris VPD CR20190202 CA0197300 VPD SWINFORD,PHILL '32E 20:27:48 20:34:56 21:42:56 VPD SANTOS,DANIEL S2 20:27:50 20:34:57 21:42:56 IL * Denotes Primary Unit qq 02119120 0 09:14:1! Page 2 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Date: 02/06/2019 Jurisdiction: VERNON Last Date: 02/06/2019 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20190202676 RPT 02/06/2019 08:34:07 JOSEPH SOLOMON SALES REPO 3211 E 44THVERNON Department OCA Number RMS Juris , REPO VPD CR20190203 CA0197300 VPD RECORDS BURE/ 'RECD 08:37:53 09:01:46 20190202686 RPT 02/06/2019 10:59:14 MR60 4305 S SANTA FE AV, VERNON VPD LUCAS,JASON '2STOF 20190202701 SUP 02/06/2019 14:15:33 ROYAL VENDING 911A 3825 S SANTA FE AV, VERNON VPD CERDA,EUGENIO '25W 14:16:34 20190202708 RPT 02/06/2019 15:49:18 DAVID CERVANTES 901T E VERNON AV // SOTO ST, VERNON VPD CERDA,PAUL,JR '26W 20190202724 RPT 02/06/2019 20:08:25 VREC REC E 51 ST H ALAMEDA, VERNON VPD ZOZAYA,OSCAR *41 W Department OCA Number RMS Juris VPD CR20190204 CA0197300 10:59:57 11:01:41 14:16:48 14:20:24 14:29:47 Department OCA Number RMS Juris VPD CR20190205 CA0197300 15:50:42 15:51:12 16:17:33 Departmem OCA Number RMS .Iuris VPD CR20190206 CA0197300 20:08:26 20:43:24 02107120 O 00:08:0( W Page 1 of 1 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Jurisdiction: VERNON First Date: 02/07/2019 Last Date: 02/07/2019 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20190202746 RPT 02/07/2019 07:14:07 PROFESSIONAL PRODUCE Department OCA Number 422R 2570E 25TH, VERNON VPD CR20190207 VPD OURIQUE,CARLO '40W 07:16:58 07:16:59 07:17:55 20190202747 RPT 02/07/2019 07:21:36 ESTHER OLVERA Department OCA Number 902T S DISTRICT BL // ATLANTIC BL, VERNON VPD CR20 90208 Number VPD '25E 07:22:38 07:25:59 VPD MADRIGAL,MARI/ 38E 07:23:03 07:26:01 VPD ENCINAS,ANTHO XS 07:27:21 07:41:49 20190202760 20190202781 RPT 02/07/2019 10:57:12 JETRO CASH 459VR 2300 E 57TH, VERNON Department OCA Number VPD CR20190209 VPD ENCINAS,ANTHO "XS 11:04:38 VPD VILLEGAS,RICHA 32W 11:04:50 VPD OURIQUE,CARLO 40W 11:09:27 11:13:03 RPT 02/07/2019 16:21:52 RESOURCEFUL CONNECTION Department OCA Number 902T 5510 S SOTO, VERNON VPD CR20190210 VPD QUINONES,ANA *25E 16:23:11 16:23:24 16:47:28 VPD MADRIGALMARI/ 38E 16:30:09 16:37:10 RMS Juris CA0197300 08:18:44 RMS Juris CA0197300 11:17:55 11:46:31 11:46:31 11:14:47 RMS Juris CA0197300 11:04:54 11:07:34 11:46:06 RMS .Iuris CA0197300 17:11:36 17:11:36 02108120 0 05:17.11 Page 1 of 1 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Date: 02/08/2019 Jurisdiction: VERNON Last Date: 02/08/2019 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20190202802 NCE 02/08/2019 RPT 422R 00:05:43 UPS 3333 DOWNEY RD, VERNON Department OCA Number VPD CR20190211 RMS Juris CA0197300 VPD VASQUEZ,LUIS *31 E 00:09:17 00:09:18 00:11:14 VPD DOCHERTY,MICH 91 00:11:12 00:34:40 20190202817 1015 02/08/2019 07:27:06 RPT PATCK 6270 S BOYLE AVE, VERNON VPD OURIQUE,CARLO "25W 20190202829 SUP 02/08/2019 09:34:57 RESOURCEFUL CONNECTION 140 5510 S SOTO, VERNON VPD QUINONES,ANA '32E 20190202832 RPT 02/08/2019 10:13:08 ROSENDO 902T DOWNEY RD // VERNON, VERNON VPD QUINONES,ANA '32E VPD OURIQUE,CARLO 25W 20190202837 1015 02/08/2019 11:57:01 RPT PEDCK 5524 ALCOA AV, VERNON VPD OURIQUE,CARLO '25W VPD HERRERA.GUSTE S6 20190202846 RPT 02/08/2019 14:24:10 OKK TRADING 594R 2721 E 45TH, VERNON VPD MADRIGAL,MARI/ '38W 14:26:55 VPD VILLEGAS,RICHA 26E Department OCA Number RMS Juris VPD CR20190212 CA0197300 07:27:06 10:04:34 09:36:27 09:39:44 09:51:51 Department OCA Number RMS Juris VPD CR20190213 CA0197300 10:14:35 10:15:16 10:15:13 10:20:25 10:41:02 Department OCA Number RMS Juris VPD CR20190214 CA0197300 11:57:01 12:51:29 12:19:50 12:51:32 Department OCA Number RMS Juris VPD CR20190215 CA0197300 14:27:14 14:31:22 15:05:04 14:29:10 14:31:44 15:04:59 021M20 C) 04:59:& Cn Page 1 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Jurisdiction: VERNON First Date: 02/08/2019 Last Date: 02/08/2019 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20190202853 VS 02/08/2019 15:40:06 STEEL SERVICES RPT 586 5637 S DISTRICT BL, VERNON Department OCA Number RMS J300 VPD CR20190216 CA0197300 VPD OURIQUE,CARLO '25W 15:41:55 15:42:12 15:53:53 16:27:06 W09/20 CD 04:59:& Page 2 of 2 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Jurisdiction: VERNON First Date: 02/09/2019 Last Date: 02/09/2019 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20190202892 RPT 02/09/2019 02:57:07 TRATTORIA GTAR S SANTA FE AV // 25TH, VERNON VPD DOCHERTY,MICH '91W 03:01:49 20190202893 RPT 02/09/2019 03:50:18 CARL HANIBLE 211 R PACIFIC BL // SANTA FE AV, VERNON VPD LANDA,RAFAEL *41W 03:50:47 VPD HERNANDEZ,MIG 26E VPD NEWTON,TODD 40E 03:50:48 VPD DOCHERTYNICH 91 W VPD MARTINEZ,GABR S5 20190202900 1015 02/09/2019 07:43:58 RPT PATCK 4361 S SOTO, VERNON VPD OURIOUE,CARLO *25E 20190202915 VREC 02/09/2019 16:34:36 LOCATE 110 FWY // SANTA FE, LOS ANGELES VPD RECORDS BURE/ *RECD 20190202916 RPT 02/09/2019 18:07:16 JOSHUA TORRES 20002 S SANTA FE AV // PACIFIC BL, VERNON VPD VILLEGAS,RICHA "32W VPD NEWTON,TODD 40 20190202932 VREC 02/09/2019 22:45:23 RPT REC 5275 S DISTRICT BL, VERNON VPD NEWTON,TODD *40 Department OCA Number RMS Juris VPD CR20190217 CA0197300 03:01:51 03:01:49 03:53:22 Department OCA Number RMS Juris VPD CR20190218 CA0197300 03:51:24 03:52:28 04:16:27 03:53:52 04:15:57 03:51:32 03:55:28 04:16:26 03:53:51 04:16:27 03:53:06 03:53:16 04:16:27 Departmem OCA Number RMS .Iuris VPD CR20190219 CA0197300 07:43:58 08:29:46 16:35:26 16:46:56 Departmem OCA Number RMS Juris VPD CR20190220 CA0197300 18:11:48 18:12:08 18:49:08 18:18:16 18:43:13 Department OCA Number RMS Juris VPD CR20190221 CA0197300 22:45:23 23:50:59 02110120 O 04:30:31 4 Page 1 of 1 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Jurisdiction: VERNON First Date: 02/10/2019 Last Date: 02/10/2019 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20190202939 RPT 02/10/2019 01:10:27 AT&T MOBILITY 800 635 6840 4 901T S ATLANTIC BL // DISTRICT BL, VERNON Department OCA Number RMS Juris VPD CR20190222 CA0197300 VPD HERNANDEZ,MIG '26E 01:10:58 01:13:20 03:19:25 VPD NEWTON,TODD 40 01:11:05 01:17:26 03:19:26 VPD MARTINEZ,GABR S5 01:21:11 03:19:26 20190202992 1015 02/10/2019 22:50:59 RPT PEDCK 2856 LEONIS BL, VERNON Department OCA Number RMS Juris VPD CR20190223 CA0197300 VPD ONOPA,DANIEL "26W 22:51:00 23:43:24 VPD HERNANDEZ,MIG 20W 22:55:05 23:01:24 23:11:57 VPD MARTINEZ,GABR S5 22:51:01 23:43:24 02111120 0 05:00:04 Page 1 of 1 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Jurisdiction: VERNON First Date: 02/11/2019 Last Date: 02/11/2019 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20190203043 RPT 02/11/2019 16:37:20 20002R 4305 S SANTA FE AV, VERNON Department OCA Number RMS Juris VPD CR20190224 CA0197300 VPD RECORDS BURE/ 'RECD 16:37:39 17:14:45 20190203048 RPT 02/11/2019 20:31:08 925 5190 S SANTA FE AV, VERNON Department OCA Number RMS Juris VPD CR20190225 CA0197300 VPD SWINFORD,PHILL *41W 20:34:41 20:36:00 20:36:27 21:04:55 VPD VELEZ,MARISSA 26 20:34:43 20:35:58 20:37:42 21:03:57 02112120 CD 00:15:2E Page 1 of 1 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Date: 02/12/2019 Jurisdiction: VERNON Last Date: 02/12/2019 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20190203106 RPT 02/12/2019 11:49:44 GENERAL TRADING GTAR 2991 E 46TH, VERNON Department OCA Number RMS Juris VPD CR20190226 CA0197300 VPD CERDA,PAUL,JR *41 E 11:50:44 12:22:44 11:54:49 12:16:52 13:24:05 20190203112 1015 02/12/2019 13:33:52 RPT DET 2444 ALAMEDA, VERNON VPD RAMOS,JOSE *5D35 20190203113 RPT 02/12/2019 13:46:22 459VR 4310 MAYWOOD AV, VERNON VPD CERDARAUL,JR *41 E 13:48:48 20190203115 RPT 02/12/2019 13:55:33 WORLD ELECTRONIC AGTAR 2610 E 37TH, VERNON VPD VALENZUELA,FEI *91 W 13:57:02 20190203123 RPT 02/12/2019 17:31:44 VS 901T 3770 E WASHINGTON BL, VERNON VPD ESCOBEDO,ALE� *31 VPD CERDARAUL,JR 41 E VPD VALENZUELA,FEI 91 W 13:33:52 17:35:48 Department OCA Number RMS .Iuris VPD CR20190227 CA0197300 13:49:07 13:56:59 15:12:13 Department OCA Number RMS .Iuris VPD CR20190228 CA0197300 13:57:28 14:05:11 15:12:19 Departmem OCA Number RMS Juris VPD CR20190229 CA0197300 17:32:30 17:36:14 18:54:37 17:34:44 17:47:11 19:12:33 17:34:39 17:37:05 18:54:42 02119120 — 09:15:1: 0 Page 1 of 1 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Jurisdiction: VERNON First Date: 02/13/2019 Last Date: 02/13/2019 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20190203138 RPT 02/13/2019 05:06:40 MIKAWAYA 902T 5563 ALCOA AV, VERNON Department OCA Number RMS Juris VPD CR20190230 CA0197300 VPD ZOZAYA,OSCAR *41 E 05:08:03 05:08:30 05:10:04 05:44:22 VPD SWINFORD,PHILL 40W 05:12:05 05:19:04 VPD DOCHERTY,MICH 91 05:10:07 05:28:37 20190203160 RPT 2019 09:14:39 LINK PLATE 2622 S ALAMEDA. VERNON Department OCA Number RMS Juris VPD CR20190231 CA0197300 VPD CERDA,PAUL,JR *41 09:20:07 09:25:20 09:51:20 20190203185 RPT 02/13/2019 13:21:10 FARMER JOHN Department OCA Number RMS Juris CITY 20002R 3049 E VERNON AV, VERNON VPD CR20190232 CA0197300 VPD CERDA,EUGENIO *40E 13:23:39 13:26:50 14:00:47 VPD QUINONES,ANA 26E 13:24:41 13:25:48 14:00:47 02114120 01:35:4E Page 1 of 1 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Date: 02/14/2019 Jurisdiction: VERNON Last Date: 02/14/2019 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20190203227 RPT 02/14/2019 10:34:35 CHIRSTINA 20002 4730 E 26TH, VERNON Department OCA Number RMS Juris VPD CR20190233 CA0197300 VPD MADRIGAL,MARI/ '38W 10:36:09 10:42:54 11:06:50 VPD QUINONES,ANA 25E 10:42:56 10:43:21 11:06:50 20190203241 1015 02/14/2019 14:39:24 RPT PEDCK SLAUSON // MAYWOOD, VERNON Department OCA Number RMS Juris VPD CR20190235 CA0197300 VPD OURIQUE,CARLO *40 14:39:24 15:35:15 20190203242 RPT 02/14/2019 15:10:06 SCHWIMMER DRAPERY INC 901 TR 2245 E 38TH, VERNON Department OCA Number RMS Juris VPD CR20190234 CA0197300 VPD MADRIGAL,MARI/ '38W 15:11:10 15:12:48 16:07:49 VPD QUINONES,ANA 25E 15:11:17 15:22:34 15:48:28 VPD ENCINAS,ANTHO XS 15:16:38 15:41:21 20190203278 1015 02/14/2019 22:38:03 RPT PEDCK MAYWOOD H SLAUSON, VERNON Department OCA Number RMS Juris VPD CR20190236 CA0197300 VPD OURIQUE,CARLO *40 22:38:03 23:17:27 20190203279 1015 02/14/2019 22:54:19 RPT VCK E 49TH H CORONA AV, VERNON Department OCA Number RMS Juris VPD CR20190237 CA0197300 VPD SANTOS,DANIEL "S2 22:54:19 23:59:00 VPD LANDA,RAFAEL 25 22:54:31 01:04:02 VPD NEWTON,TODD 31 E 23:07:34 23:07:35 23:12:33 23:37:46 VPD VASQUEZ,LUIS 41 W 23:37:53 01:04:03 VPD DOCHERTYNICH 91 23:16:06 23:58:59 02115120 N 05:44:3i Page 1 of 1 VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's First Date: 02/15/2019 Jurisdiction: VERNON Last Date: 02/15/2019 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20190203291 RPT 02/15/2019 04:58:57 902T 3846 S SANTA FE AV, VERNON Department OCA Number RMS Juris VPD CR20190238 CA0197300 VPD VASQUEZ,LUIS *41 W 04:58:57 05:38:42 20190203323 RPT 02/15/2019 14:08:51 KENA Department OCA Number RMS Juris 901T BANDINI BL// BONNIE BEACH PL, VERNON VPD CR20190239 CA0197300 VPD QUINONES,ANA *40 14:10:05 14:10:51 14:18:07 14:21:48 VPD OURIQUE,CARLO 25 14:10:46 14:14:03 14:44:26 20190203324 RPT 02/15/2019 14:26:15 REFORMATION 484R 2263 E VERNON AV, VERNON Department OCA Number RMS Juris VPD CR20190240 CA0197300 VPD MADRIGAL,MARI/ '38W 14:28:17 14:28:59 14:36:59 14:29:23 15:16:32 VPD QUINONES,ANA 40 14:29:21 14:51:05 15:16:33 20190203327 RPT 02/15/2019 15:08:55 PREMIER MEATS 487R 4833 FRUITLAND AV, VERNON Department OCA Number RMS Juris VPD CR20190241 CA0197300 VPD OURIQUE,CARLO *25 15:12:16 15:16:27 16:09:10 20190203334 1015 02/15/2019 16:55:13 SUNNY GLASSES VS 925 3569 E VERNON AV, VERNON Department OCA Number RMS Juris VPD CR20190242 CA0197300 RPT VPD MADRIGAL,MARI/ "38W 16:56:10 16:56:31 17:02:20 17:32:41 VPD OURIQUE,CARLO 25 17:25:26 17:29:27 17:50:54 19:05:39 VPD HERRERA,GUST/ S6 16:56:28 17:02:24 18:24:06 20190203340 RPT 02/15/2019 18:39:00 VERIZON WIRELESS 1-800-451-5242 901T S ATLANTIC BL // DISTRICT BL, VERNON Department OCA Number RMS Juris VPD CR20190243 CA0197300 VPD '17E 18:50:46 18:50:47 19:04:49 19:33:14 02116120 03:39:3! Page 1 of 2 W VERNON POLICE DEPARTMENT Call Log Report Type All Unit Times and Location with OCA's Jurisdiction: VERNON First Date: 02/15/2019 Last Date: 02/15/2019 Call Number Disp Ten Received Caller Code Complaint Address Unit Time Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp 20190203360 1015 02/15/2019 RPT PEDCK 23:35:17 S ALAMEDA // 55TH, VERNON Department OCA Number VPD CR20190244 RMS J300 CA0197300 VPD NEWTON,TODD '18W 23:35:18 00:54:41 VPD VASQUEZ,LUIS 31 23:41:44 00:10:50 * Denotes Primary Unit 02116120 03:39:3: Page 2 of 2 City Council Agenda Item Report Agenda Item No. COV-96-2019 Submitted by: Vincent Rodriguez Submitting Department: Public Works Meeting Date: March 5, 2019 SUBJECT Approval of a Contract between the City of Vernon and West Coast Arborists, Inc. for the Urban Forest Management Services Project (Contract CS-1022) Recommendation: A. Find that entering into the proposed contract for Urban Forest Management Services is exempt under the California Environmental Quality Act (CEQA) in accordance with (a) CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment and (b) Section 15301, because the proposed service involves an existing project with negligible or no expansion of use; and B. Approve and authorize the execution of a three (3) year contract with West Coast Arborists, Inc., in substantially the same form as submitted herewith, for the Urban Forest Management Services Project (Contract CS-1022) in an amount not to exceed $290,896 with an effective date of April 1, 2019 for the provision of maintenance, removal, and replacement of trees within the City's urban forest. Background: This project consists of providing annual services for maintenance, removal, and replacement of trees, as required, within the City's urban forest. The City has approximately 1,361 trees that comprise its urban forest. As part of this project, all parkway trees will be trimmed on a grid basis. Additionally, the scope of work will include the trinuning of all trees located on City government facilities, City owned housing (front and back yards), and City owned Apartments on an annual basis. For this contract, the City intends to piggyback onto a current contract between the City of South Pasadena and West Coast Arborists, Inc. (West Coast) from Anaheim, California.. Piggybacking is expressly authorized by Vernon Municipal Code § 2.1712(A)(5), which exempts this contract from competitive bidding and competitive selection requirements, and allows Vernon to use an existing public agency contract as a template to form its own contract directly from a vendor offering the same prices, terms and conditions as in a previous award from the City or another public agency by competitive bid. The City of South Pasadena used a competitive bid process to obtain labor and material costs from West Coast which are at reasonable rates. The City of Vernon will be able to save time and resources by piggybacking onto the City of South Pasadena contract with West Coast. The agreement between South Pasadena and West Coast includes set costs for pruning, removal and replacement of trees within the City's Urban Forest. As authorized by the Vernon Municipal Code and in the opinion of the Finance Director, it is to the advantage of the City to proceed with establishing a contract with West Coast that piggybacks upon the contract of South Pasadena. The City Attorney's office has reviewed and approved the contract as to form. Furthermore, West Coast recently completed the Urban Forest Management contract (CS-0607) for the City with favorable results. 115 Fiscal Impact: The cost of the Urban Forest Management Services Project (Contract CS-1022) is $290,896 for three (3) years. Funds for the project have been budgeted in FY 2018-2019. The remaining two years will be budgeted accordingly. ATTACHMENTS • 1. WestCoast Labor and Materials Contract CS-1022 116 LABOR AND MATERIALS CONTRACT BETWEEN THE CITY OF VERNON AND WEST COAST ARBORISTS, INC., FOR URBAN FOREST MANAGEMENT SERVICES CONTRACT NO. CS-1022 Contractor: Responsible Principal of Contractor: Notice Information - Contractor: Notice Information - City: Commencement Date: Termination Date: Consideration: Records Retention Period COVER PAGE West Coast Arborists, Inc. Patrick Mahoney, President West Coast Arborists, Inc. 2200 E. Via Burton Street Anaheim, CA 92806 Attention: Patrick Mahoney, President Phone: (714) 991-1900 Facsimile: (714) 991-1027 City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Daniel Wall Director of Public Works Telephone: (323) 583-8811 ext. 305 Facsimile: (323) 826-1435 April 1, 2019 March 31, 2022 Total not to exceed $290,896.00 (includes all applicable sales tax); and more particularly described in Exhibit "E" Three (3) years, pursuant to Section 8.3 117 LABOR AND MATERIALS CONTRACT BETWEEN THE CITY OF VERNON AND WEST COAST ARBORISTS, INC., FOR URBAN FOREST MANAGEMENT SERVICES CONTRACT NO. CS-1022 This Contract is made between the City of Vernon ("City"), a California charter City and California municipal corporation, and West Coast Arborists, Inc., a California corporation, with headquarters located at 2200 E. Via Burton Street, Anaheim, CA 92806 ("Contractor"). The City and Contractor agree as follows: 1.0 Contractor shall furnish all necessary and incidental labor, material, equipment, transportation and services as described in, and strictly in accordance with, and subject to all terms and conditions set forth in Specifications for Urban Forest Management Services, attached hereto and incorporated herein by reference as Exhibit "A", and set forth in Special Provisions for Urban Forest Management Services, attached hereto and incorporated herein by reference as Exhibit "B." Contractor and the City of South Pasadena (hereinafter, "South Pasadena") previously entered into a competitively bid contract, which is set to commence on February 21, 2018 and terminate on June 30, 2021 (the "South Pasadena Contract"). A copy of the South Pasadena Contract is attached hereto and incorporated herein by this reference as Exhibit "C" The South Pasadena Contract allows Contractor to offer to other governmental agencies the same pricing received by South Pasadena, for urban forest management services. 2.0 All work shall be done in a manner satisfactory to the City's Director of Public Works (the "Director"), or the Director's designee, in writing, and shall be of highest quality with respect to the contract specifications. In the event Contractor fails to perform satisfactorily the City shall advise Contractor in writing, and Contractor shall have thirty (30) days to cure such failure to satisfactorily perform. If Contractor fails to so cure its performance within said 30 days, the City may, at its option, terminate this Contract for default without further liability, other than payment to Contractor for work performed satisfactorily prior to the date of termination. 3.0 Contractor shall commence work upon the signing of this contract and shall perform work requested in writing by Director. 4.0 In consideration of satisfactory and timely Performance of requested work pursuant to the Schedule set forth in Exhibit "D," which is attached hereto and incorporated herein by reference, the City shall pay Contractor as follows: The bid amounts, according to the requested and accepted price set forth in the Contractor's bid proposal, attached hereto and incorporated herein by reference as Exhibit "E". The total amount to be paid to Contractor during the term of this contract shall not exceed Two Hundred Ninety Thousand Eight Hundred Ninety - Six Dollars ($290,896.00) without the prior approval of the City Council and without a written amendment of this contract. 118 2 5.0 [Deleted] 6.0 GENERAL TERMS AND CONDITIONS. 6.1 INDEPENDENT CONTRACTOR 6.1.1 It is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent or employee of City and shall furnish such services in its own manner and method except as required by this Contract. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 6.1.2 Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits. 6.2 CONTRACTOR NOT AGENT. Except as the City may authorize in writing, Contractor and its subcontractors, if any, shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise. 6.3 OWNERSHIP OF WORK. All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts, studies, memoranda, computation sheets and other documents prepared by Contractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Contract. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City. 6.4 CORRECTION OF WORK. Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services furnished by Contractor shall not relieve the Contractor from the obligation to correct subsequently discovered defects, inaccuracy or incompleteness. 6.5 WAIVER. The City's waiver of any term, condition, breach or default of this Contract shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. 6.6 SUCCESSORS. This Contract shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors and/or assigns. 119 3 6.7 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract or any rights hereunder without the prior written consent of the City and approval by the City Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Contract. No assignment shall release the original parties or otherwise constitute a novation. 6.8 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, resolutions, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof. 6.9 ATTORNEY'S FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. 7.0 INTERPRETATION. 7.1 APPLICABLE LAW. This Contract, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed by and construed according to the laws of the State of California, without regards to its conflict of laws rules. 7.2 ENTIRE AGREEMENT. This Contract, including any Exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (written or oral). 7.3 WRITTEN AMENDMENT. This Contract may only be changed by written amendment signed by Contractor and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Contract shall be of no force or effect. 7.4 SEVERABILITY. If any provision in this Contract is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Contract, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Contract. 7.5 ORDER OF PRECEDENCE. In case of conflict between the terms of this Contract and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Contract shall strictly prevail. The terms of the City's Specifications shall control over the Contractor's bid. 7.6 CHOICE OF FORUM. The parties hereby agree that this Contract is to be enforced in accordance with the laws of the State of California, is entered into in the City of Vernon and that all claims or controversies arising out of or related to performance under this Contract shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum. 7.7 DUPLICATE ORIGINALS. There shall be two (2) fully signed copies of this Contract, each of which shall be deemed an original. 120 4 7.8 TIME OF ESSENCE. Time is strictly of the essence of this Contract and each and every covenant, term and provision hereof. 7.9 AUTHORITY OF CONTRACTOR. The Contractor hereby represents and warrants to the City that the Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Contract, and its execution of this Contract has been duly authorized. 7.10 ARBITRATION OF DISPUTES. Any dispute for under $25,000 arising out of or relating to the negotiation, construction, performance, non-performance, breach or any other aspect of this Contract, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. This clause shall not preclude the Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery. 7.11 INDEMNITY. 7.11.1 Contractor agrees to indemnify, hold harmless and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part result from, or arise out of, or are claimed to result from or to arise out of: A. any activity on or use of City's premises or facilities or any performance under this Contract; or B. any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. 7.11.2 This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public). The sole negligence or willful misconduct of City, its employees or agents other than Contractor or Contractor's subcontractors are excluded from this indemnity agreement. 121 5 7.12 RELEASE. Contractor agrees to release and covenants not to sue the City, its City Council and each member thereof, and its officers, employees, commission members and representatives for any damage or injury (including death) to itself, its officers, employees, agents and independent contractors damaged or claiming to be damaged from any performance under this Contract. 7.13 INSURANCE. Contractor shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Contract, including any extensions thereto. The policies shall state that they afford primary coverage. 7.13.1 Automobile Liability with minimum limits of at least $1,000,000 combined single limit including owned, hired, and non -owned liability coverage. (1) Contractor agrees to subrogate automobile liability resulting from performance under this agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney's fees ("Claims"), which are attributable to any act or omission by the City under the performance of the services. 7.13.2 General Liability with minimum limits of at least $1,000,000 per occurrence and $2,000,000 in aggregate written on an Insurance Services Office (ISO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis. Premises/Operations and Personal Injury coverage is required. The City of Vernon, its directors, commissioners, officers, employees, agents and volunteers must be endorsed on the policy as additional insureds as respects liability arising out of the Contractor's performance of this Contract. A. If Contractor employs other contractors as part of the services rendered, Contractor's Protective Coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein. B. Blanket Contractual Coverage. C. Products/Completed Operations coverage. D. Contractor agrees to subrogate General Liability resulting from performance under this agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney's fees ("Claims"), which are attributable to any act or omission by the City under the performance of the services. 122 0 7.13.3 Errors and Omissions coverage in a sum of at least $1,000,000, where such risk is applicable. Applicable aggregates must be identified and claims history provided to determine amounts remaining under the aggregate. Contractor shall maintain such coverage for at least one (1) year after the termination of this Agreement. 7.13.4 Contractor shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. Compliance is accomplished in one of the following manners: A. Provide copy of permissive self-insurance certificate approved by the State of California; or B. Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability Insurance with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Contract; or C. Provide a "waiver" form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Contract. 7.13.5 Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice to City. 7.13.6 Insurance shall be placed with insurers with a Best's rating of no less than AVIII. 7.13.7 Prior to commencement of performance, Contractor shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. 7.13.8 Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Contractor shall immediately notify City and cease all performance under this Contract until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against Contractor by way of set-off or recoupment from sums due Contractor, at City's option; (b) immediately terminate this Contract; or (c) self insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Contractor, by way of set-off or recoupment from any sums due Contractor. 123 7 7.14 NOTICES. Any notice or demand to be given by one party to the other shall be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice. If to the City: City of Vernon Attn: Daniel Wall, Director of Public Works 4305 Santa Fe Avenue Vernon, CA 90058 With a Copy to: Carlos R. Fandino, Jr. City Administrator City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 If to the Contractor: West Coast Arborists, Inc. Attn: Patrick Mahoney, President 2200 E. Via Burton Street Anaheim, CA 92806 Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. 7.15 TERMINATION FOR CONVENIENCE (Without Cause). City may terminate this Contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written notice to Contractor. If the Contract is thus terminated by City for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause. 7.16 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Contract by written notice to the defaulting party. The notice shall specify the basis for the default. The Contract shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. Termination for cause shall relieve the terminating party of further liability or responsibility under this Contract, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. 124 E:j 7.17 ASSIGNMENT OF ANTITRUST CAUSES OF ACTION. Contractor hereby agrees to assign to the City all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under Chapter 2 of the Cartwright Act (commencing with Section 16700) or part 2 of Division 7 of the California Business and Professions Code, or any similar or successor provisions of Federal or State law, arising from purchases of goods, services or materials pursuant to this Contract or any subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties. 8.0 ADDITIONAL ASSURANCES 8.1 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this Contract, the Contractor and any other parties with whom it may subcontract shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit "F". 8.2 VERNON BUSINESS LICENSE. Contractor shall obtain, and pay any and all costs associated therewith, any Vernon Business License which may be required by the Vernon Municipal Code. 8.3 MAINTENANCE AND INSPECTION OF RECORDS. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. The Contractor shall maintain and preserve all such records for a period of at least 3 years after termination of the Contract. The Contractor shall maintain all such records in the City of Vernon. If not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 8.4 CONFLICT. Contractor hereby represents, warrants and certifies that no member, officer or employee of the Contractor is a director, officer or employee of the City of Vernon, or a member of any of its boards, commissions or committees, except to the extent permitted by law. 8.5 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Contract by the respective 125 9 Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1'/2 times the basic rate of pay. 8.6 LIVING WAGES. Contractor, or Subcontractor, if any, working on City service contracts of any amount, as to all employees spending time on City contracts shall observe the City's Living Wage Ordinance and all requirements thereof at all times on City contracts. The Current Living Wage Standards are set forth in Exhibit "G". Upon request, certified payroll shall be provided to the City. 8.7 PREVAILING WAGES. The provisions of California Labor Code 1770, et seq., regarding the payment of prevailing wages on public works, and related regulations, apply to all City contracts. In addition, the selected consultant and/or any subcontractor must be currently registered and qualified (including payment of any required fee) with the State Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the State Department of Industrial Relations. If Living Wage Provisions and Prevailing Wage provisions should both apply to this Contract, Contractor, and all of its Subcontractors shall pay the higher of the applicable wages to the extent required by law. [Signatures Begin on Next Page]. 126 10 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the Commencement Date stated on the cover page. City of Vernon, a California charter City and California municipal corporation IS Yvette Woodruff -Perez, Mayor West Coast Arborists, Inc., a California corporation By: Name: Title: ATTEST: By: Name: Maria E. Ayala, City Clerk Title: APPROVED AS TO FORM: Brian Byun, Senior Deputy City Attorney 127 11 EXHIBIT A SPECIFICATIONS 128 12 EXHIBIT A — SPECIFICATIONS I-1 GENERAL I-1.01 Contractor Must Make Thorough Investigation It is the Contractor's responsibility to examine the location of the proposed work, to fully acquaint itself with the Specifications and the nature of the work to be done. Contactor shall have no claim against the City based upon ignorance of the nature and requirements of the project, misapprehension of site conditions, or misunderstanding of the Specifications or contract provisions. I-1.02 Ineligibility to Contract If Contractor has been found by the State Labor Commissioner to be in violation of Sections 1777.1 and 1777.7 of the Labor Code Sections entitled "Public Works" Contractor shall be ineligible to be awarded a contract for this project. The period of debarment shall be not less than one year and up to three years as determined pursuant to Section 1777.7 of the Labor Code. The Contractor certifies that it is aware of these provisions and is eligible to bid on this contract. The Contractor shall also be prohibited from performing work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code. The Contractor certifies that it has investigated the eligibility of each and every subcontractor it intends to use on this project and has determined that none is ineligible to perform work pursuant to the above provisions of law. I-1.03 Patent Fees; Patent, Copyright, Trade Secret and Trademark Fees The Contractor cost shall include in the price bid any patent fees, royalties and charges on any patented article or process to be furnished or used in the prosecution of the Work. I-1.04 Taxes Costs shall include all federal, state, local, and other taxes. I-2 SPECIAL CITY REQUIREMENTS I-2.01 Equal Employment Opportunity in Contracting I-2.01.1 Policy The City of Vernon is committed to a policy of Equal Opportunity Contracting. Contractor expressly agrees to comply with the City's ordinances and regulations regarding Equal Opportunity Employment as well as regulations that may be mandated by the source of the funds supporting this contract. I-2.01.2 Compliance To the extent permitted by law, the Contractor expressly agrees to establish compliance with the Equal Employment Opportunity Practices Provisions of federal and state law. I-2.03 Vernon Living Wage Ordinance This contract is subject to the Vernon Living Wage Ordinance. The selected contractor shall pay qualifying employees a wage of not less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. The contractor shall also provide qualifying employees at least twelve days off per year for sick leave, vacation or personnel necessity, and an additional ten days a year of uncompensated time 129 EXHIBIT A - SPECIFICATIONS for sick leave. There shall a prohibition on an employer retaliation against an employee's complaining to the City with regard to the employer's compliance with the living wage ordinance. Contractor, and any Subcontractor(s), shall comply with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit D of the Contract. Upon the City's request, certified payroll records shall promptly be provided to the City. The provisions of California Labor Code 1770, et seq., regarding the payment of prevailing wages on public works, and related regulations, apply to City public works contracts to the same extent as in general law cities. If Living Wage Provisions and Prevailing Wage provisions should both apply to this Contract, Contractor and all of its Subcontractors shall pay the higher of the applicable wages to the extent required by law. I-3 GENERAL SPECIFICATIONS I-3.01 Quantities The quantities contained in the contract documents are approximate only. The City may, in accordance with the Standard Specifications, order more or less work or material as necessary in the City's sole discretion. Payment will be made for the amount of work or material actually provided as determined by the City and accepted at the unit prices noted in Exhibit C. I-3.02 Registration and Qualifications of Contractors Contractor shall be licensed to the extent required by Business and Professions Code Section 7000 et seq. I-3.03 Standard Specifications For the purpose of this contact and except as otherwise provided below, all work shall be done in accordance with the provisions of the 2012 edition of "STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION" (commonly known as the "GREENBOOK"), including Supplements, prepared and promulgated by Public Works Standards, Inc., a mutual benefit corporation. I-3.04 Subcontracts Pursuant to California Labor Code §1021.5, the Contractor must not willingly and knowingly enter into any agreement with any person, as an independent contractor, to provide any services in connection with the Work where the services provided or to be provided requires that such person hold a valid contractor's license issued pursuant to California Business and Professions Code §§7000 et seq. and such person does not meet the burden of proof of his/her independent contractor status pursuant to California Labor Code §2750.5. In the event that the Contractor shall employ any person in violation of the foregoing, the Contractor shall be subject to the civil penalties under California Labor Code §1021.5 and any other penalty provided by law. In addition to the penalties provided under California Labor Code §1021.5, the Contractor's violation of this Paragraph or the provisions of California Labor Code §1021.5 shall be deemed an event of the Contractor's default. The Contractor must require any Subcontractor of any tier performing or providing any portion of the Work to adhere to and comply with the foregoing provisions. Pursuant to the provisions of Labor Code Section 1777.1, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations website at: http://www.dir.ca.gov/dlse/debar.html. The Contractor must not employ, hire, use or subcontract with any of the listed debarred contractors. 130 EXHIBIT A - SPECIFICATIONS I-3.07 Contract Bonds Bonds of a surety shall not be required as part of this contract. I-3.08 Termination of Contract Section 6-5, entitled "Termination of Contract," of the Standard Specifications is modified to read: "The City may terminate this contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days written notice to the Contractor." If the contract is thus terminated by the City for reasons other than the Contractor's failure to perform its obligations, the City shall pay the Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be the Contractor's exclusive remedy for termination without cause. I-3.10 Partial Payment Payment shall be due the Contractor within thirty (30) calendar days after receipt of an itemized statement for work performed during the progress payment period. I-3.12 Worker's Compensation Certification California Labor Code §§ 1860 and 3700 provide that every Contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code § 1861, the Contractor, hereby certifies as follows: "I am aware of the provisions of California Labor Code § 3700 which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract." 131 EXHIBIT A - SPECIFICATIONS EXHIBIT B SPECIAL PROVISIONS 132 13 EXHIBIT B URBAN FOREST MANAGEMENT SERVICES SPECIAL PROVISIONS I. GENERAL SCOPE OF WORK West Coast Arborists (West Coast) shall furnish all labor, materials, equipment and" transportation, and to do all work required to complete the work in accordance with the said Scope of Services for the unit prices named on Exhibit "C", with specific work determined by the City Public Works Director: Urban forestry services include complete responsibility for proper care of all trees including tree trimming, tree removal, tree planting, tree health care, emergency response, and supervision to perform maintenance services for City trees as described herein including, but not limited to, the following: a. Tree Pruning b. Tree Removal C. Stump Removal d. Root Pruning e. Tree Planting f. Tree Staking g. Removal of Hazardous Branches h. Removal of tree debris and/or tree trimmings i. Worksite Cleanup J. Repair of Damaged Sprinklers k. Repair or Replacement of Damaged Fences or Walls 1. Soil Replacement In. Damaged Tree and /or Shrub Replacement n. Collection of Tree Inventory Data o. Distribution of No Parking Signs and Door hangers P. Contact with the Public q. Employee Uniforms with Company Logo or Designation r. Vehicles and Equipment with Company Logos or Designation. S. Traffic Control. t. Other Services Set Forth in this Agreement West Coast shall prune the entire grid inventory of Indian Laurel trees and one-half of the remaining grid inventory on an annual basis. In addition, West Coast shall prune all City government facilities and City owned housing trees on an annual basis. City government facilities include City Hall, Public Works Building, Petrelli Building, Gas and Electric Building, and Fire Station No. 2. City owned housing are located on Fruitland Avenue, Furlong Place, and Vernon SPECIAL PROVISIONS - CS-1022 1 of 11 133 Avenue. The work at the City Housing locations shall include the pruning of trees in the front and back yards. The City reserves the right to make changes or modifications to the pruning cycles at its discretion. Government Facilities Vernon City Hall: 4305 Santa Fe Avenue Public Works Building: 4305 Santa Fe Avenue Gas and Electric Building: 4990 Seville Avenue Petrelli Electric Building: 2323 East Vernon Avenue Fire Station No. 2: 4301 Santa Fe Avenue City -Owned Housing Fruitland Avenue: 3345 through 3365 Vernon Avenue: 3550 through 3560 Furlong Place: 4321 through 4330 City -Owned Apartments 50th Street: 3376 through 3390 SPECIFICATIONS All work shall conform to the latest edition of Pruning Standards of the Western Chapter ISA and these specifications. In all cases the Director of Public Works, or their designee, shall have complete and sole discretion in determining conformance and acceptability of the trees trimmed by West Coast. West Coast must hold a valid, in good standing California D-49 and C-27 Contractor's License through the duration of the contract term. All other work shall conform to the "GREENBOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (2015 Edition), CONTRACT LENGTH All work in this project shall be completed within 1095 days (3 years), as further described in the COORDINATION and CONSTUCTION SCHEDULE sections below subject to extensions for each day of (1) rain, fog and inclement weather. COORDINATION West Coast shall coordinate the work with the City of Vernon's Public Work's Department per an approved schedule. CONSTRUCTION SCHEDULE West Coast shall provide the City with a proposed schedule two (2) weeks in advance of performing services. West Coast shall notify City representative when they arrive on site to perform SPECIAL PROVISIONS - CS-1022 2 of 11 134 services within the City. West Coast shall keep the Public Works Department informed of their progress at all times. CONSTRUCTION HOURS The proposed tree trimming shall be between the hours of 7:00 a.m. to 4:00 p.m. Monday thru Friday except on the City of Vernon's arterial streets. Arterial Street work hours shall be between 9:00 a.m. to 2:30 p.m. Monday thru Friday. DELAYS AND EXTENSIONS OF TIME The Provisions of Section 6-6 entitled "Delays and Extensions of Time" of the Standard Specifications shall apply except as modified and supplemented below. The second paragraph of subsection 6-6.1 is hereby deleted and the following paragraph shall be inserted in its place: No extension of time will be granted for a delay caused by the inability of the Contractor to obtain materials, equipment and labor, except as authorized by the Engineer. The length of the contact time stipulated includes any time which may be require to obtain materials, equipment, and labor. The Contractor shall be deemed to have ascertained the availability of materials, equipment and labor and considered same in its construction schedule. CLASSIFICATIONS AND TASKS The provisions of Section 4-1.1 entitled "Materials and Workmanship" of the Standard Specifications shall apply. In addition, any work deemed unacceptable by the Public Works Director, whether a cause is determined or not shall be repaired or replaced by the Contractor at his expense. LIQUIDATED DAMAGES In accordance with Section 6-9 of the Standard Specifications, for each consecutive calendar day required to complete the work in excess of the time specified herein for its completion, as adjusted in accordance with Section 6-6 of the Standard Specifications, the Contractor shall pay to the City, or have withheld from monies due it, the sum of $1,500. The parties agree that damages are difficult to estimate, and that this sum is a fair calculation of damages that does not constitute a penalty. COMPLIANCE WITH LAWS, REGULATIONS, AND SAFE PRACTICES The Contractor shall perform all work in a safe, competent manner and in accordance with all federal, state, and local statues, regulations, ordinances, rules, and governmental orders. SPECIAL PROVISIONS - CS-1022 3 of 11 135 The Contractor will be solely and completely responsible for the conditions of the job site, including safety of all persons and property during performance of the work. This requirement will apply continuously and not be limited to normal working hours. Inspection of the Contractor's performance by the City, its agents, or employees is not intended to include review of the adequacy of the Contractor's safety measures in or near the job site. CONSTRUCTION ORDER OF WORK Work within certain commercial areas of the various districts shall be scheduled so as to lessen the impact upon businesses and dining establishments. Requirements - General: 1. All construction shall conform to Sections 6-1 and 6-2 of the Standard Specifications and shall proceed in a smooth, efficient, timely and continuous manner. As such, once construction is started in a work area, the Contractor will be required to work continuously in that work area until construction has been completed and the work area is open and accessible to both vehicular and pedestrian traffic in a manner approved by the Public Works Superintendent before the next stage of work will be allowed to begin. 2. Once construction is started in a work area, the Contractor shall not withdraw manpower or equipment from that work area in order to allow the start of construction in another work area if doing so, in the opinion of the Public Works Superintendent, delays the completion of the work presently under construction. 3. Unless otherwise stated, the Contractor shall maintain continuous access to all commercial developments and businesses within the project limits, including store and restaurant entrances, and drive approaches, unless the Contractor has obtained the approval of the Public Works Superintenedent to close either such access or drive approach. 4. No stockpiling of material and construction equipment in or on public streets or sidewalks will be permitted on this project. Material and equipment placed in or on public streets sidewalks and in the construction areas shall be used the same day. CHARACTER OF WORKERS If any subcontractor or person employed by the Contractor shall appear to the Public Works Superintendent to be incompetent, intemperate, troublesome, or acts in a disorderly or otherwise objectionable manner, he shall be immediately discharge from the project on the requisition of the Engineer, and such person shall not be reemployed on the work. If said individual has an ownership interest in the contracting entity, the Public Works Superintendent will serve written notice upon the Contractor and the Surety providing the faithful performance bond, in accordance with Section SPECIAL PROVISIONS - CS-1022 4 of 11 136 6-4, "Default by Contractor," of the Standard Specifications, demanding complete and satisfactory compliance with the Contract. PROTECTION OF THE PUBLIC West Coast shall take such steps and precautions as his/her operations warrant to protect the public from danger, loss of life, loss of property or interruption of public services. Unforeseen conditions may arise which will require that immediate provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion for the Public Works Superintendent, a condition exists which West Coast has not taken sufficient precaution of public safety, protection of utilities and/or protection of adjacent structures or property, the Public Works Superintendent will order West Coast to provide a remedy for the condition. If West Coast fails to act on the situation within a reasonable time period as determined by the Superintendent, or in the event of an emergency situation, the Superintendent may provide suitable protection by causing such work to be done and material to be furnished as, in the opinion of the Superintendent, may seem reasonable and necessary. The cost and expense of all repairs (including labor and materials) as are deemed necessary, shall be borne by West Coast. All expenses incurred by the City for emergency repairs will be deducted from the final payment due to West Coast. MOBILIZATION The cost of all preparatory work and operations for the multiple movements of personnel, equipment, supplies, and incidentals to the various project sites will be included in the Contract, and no extra compensation will be paid to West Coast. QUALITY OF WORK The provisions of Section 4-1.1 entitled "Materials and Workmanship" of the Standard Specifications shall apply. In addition, any work deemed unacceptable by the Public Works Director, whether a cause is determined or not shall be repaired or replaced by the Contractor at his expense. a. West Coast will be held responsible for the preservation of all public and private property along and adjacent to the work being done, and will be required to exercise due precaution to avoid and prevent any damage or injury thereto as a consequence of their operation. All trees, shrubs, ground covers, fences, warning signals, street signs, walks, walls, structures, stairways, sprinklers or any other property, shall be adequately protected and should not be removed or disturbed without permission from the City. Any damages resulting from West Coast's neglect shall be repaired and/or replaced at their own expense. b. Such repairs and/or replacement shall be performed by West Coast at no cost to the City, and shall be accomplished as directed by the Director of Public Works or their representative. Repairs shall be made immediately after damage or alteration occurs. Deductions shall be made from West Coast's payment in the amount necessary to SPECIAL PROVISIONS - CS-1022 5 of 11 137 compensate the City for such repairs in the event such repair work is done by City forces or another source. C. Any physical damages incurred by West Coast to private or public property shall be corrected in a manner and within a time period dictated by the Public Works Department. Failure by West Coast to make such corrections may result in the City causing said corrections to be made and deducting the cost for the same from payments due the contractor for work performed. An additional 20% penalty charge shall be added as compensation to the City of overhead cost incurred in causing said corrections to be made. d. Damage to ground cover shall be repaired by replacement with the appropriate variety of plant material. Size and spacing shall be determined by the Director. e. Damage to shrubs may be corrected by appropriate pruning; however, if in the opinion of the Director the damage is severe, the shrub shall be removed and replaced with the same variety and size. f. Damage to trees shall be addressed in the following manner: Trees in the contract area may be checked before contract work begins, and random checks may be carried out during the contract period. 2. The Contractor should inspect all trees for existing damages prior to conducting any work activity in the assigned project area. Observed tree damage shall be documented by memo to the assigned area inspector. g. Any damage to public or private property shall be reported to the City within one (1) hour. h. All work shall be inspected, verified, and completed to the satisfaction of the Director, or their authorized representative. i. Contractor shall maintain good public relations at all times. The work shall be conducted in a manner that will cause the lease possible interference or annoyance to the public. PROHIBITED PARKING IN WORK AREA a. The Contractor shall provide 72 hours' notice for parking restrictions that will be posted in the work area during construction. All traffic and parking signs are to be provided and posted by West Coast. b. The Contractor's vehicles and equipment shall not be parked or set in such a manner that they block pedestrian access or vehicular right-of-way except as required to comply with all safety standards of OSHA or CAL -OSHA. SPECIAL PROVISIONS - CS-1022 6 of 11 138 C. The City of Vernon will not allow West Coast to park or store any equipment or materials, used in the performance of this contract, in the City right- of -way or on City property unless approved by the Public Works Director or his representative. If necessary, West Coast shall submit the proposed staging areas to the City for review and approval before the construction. MATERIAL SUBMITTALS No additional material submittals will be necessary as part of this contract unless otherwise stated in these provisions PUBLIC CONVENIENCE West Coast shall conduct operations to minimize the obstruction of access and inconvenience to the public and the City of Vernon's emergency personnel. SANITARY FACILITIES West Coast shall furnish and maintain sanitary (toilet) facilities by the worksites for the entire construction period. EQUIPMENT Prior to the contract, West Coast shall allow inspection, by City personnel, of the vehicles designated for the project. Those vehicles that pass inspection will have their I.D. numbers recorded and will be the only vehicles allowed to work on the project. All equipment, tools and machines used in the performance of this work shall be maintained in satisfactory working order at all times. AREAS TO BE MAINTAINED Worksites will include City trees within the Public right -of- way. Worksites will also include City Government Buildings, City Apartments (50th Street) and City Housing. Trees to be serviced will be provided on a grid basis and may consist of individual trees located throughout the City. It should be understood that this project may not be solely "section" or "block" type tree trimming. TREE TRIMMING CLASSIFICATIONS AND TASKS A. Trim: Full Trim shall consist of. Removal of all dead, dying, diseased, crossing or rubbing, and weak limbs or branches within the canopy; Clearing limbs from all wires, lights, SPECIAL PROVISIONS - CS-1022 7 of 11 139 buildings, and/or traffic signal devices; Raising the canopy to a minimum of 14 feet above the curb; Restructuring the crown to provide thinning out of, reduction of, and/or restoration of; Removal of trunk sprouts, water sprouts and suckers; Balancing of the crown; Removal of "v" crotches and establishing scaffold branches of young trees while maintaining clearance for vehicle and pedestrian traffic in public right-of-ways. 2. A Clearance Trim shall consist of. Removing branches to provide a 14 foot clearance from the top of the curb, clearing limbs or branches away from wires, lights, buildings, and/or traffic signal devices; removal of trunk sprouts, water sprouts and suckers; clearing limbs or branches to provide for pedestrian travel. 3. A Palm Trim shall consist of. Removing all dead or drooping fronds and fruiting clusters as close to the trunk as possible without cutting into outer trunk line, leaving approximately five to seven healthy fronds evenly spaced no more than 45 degrees above horizontal. B. Removals: Trees identified for removal are to be cut back and lowered to the ground in sections. Sections shall be no larger than can be safely controlled. Extreme care must be taken to prevent unsafe working or other hazardous conditions to individuals, landscape, structures, obstacles, or private property. 2. Trees shall not be stump cut and felled. Tree stumps to be removed shall be completely ground a minimum of eighteen inches (18") below soil surface unless utilities prevent an 18" depth. All surface roots within a depth of eight inches (8") in a twelve foot (12') zone around the tree shall be removed by grinding. Grinding of stump shall be completed within 48 hours of tree removal. 3. All excavation as a result of this process shall be back filled exactly level with surrounding soil, compacted and fine graded. Excess debris, trimmings, branches, and wood shall be removed from the worksite and shall follow as closely as possible to the removal operation. All debris shall be properly removed off site and at the contractor's expense. However, twigs, branches, leaves, and large wood shall be removed from the site prior to the crew vacating the worksite. C. Root Pruning: Root pruning consists of cutting the roots vertically along a straight, linear plane, usually along the curb and sidewalk to an 18" depth. Root pruning is done to prevent further damage to infrastructure and/or private property caused by surface roots of City trees. Root pruning is also done to accommodate repairs of sidewalk, curbs, asphalt, and other infrastructure. 2. Root pruning shall be done with a power stump grinder or power root cutter, unless SPECIAL PROVISIONS - CS-1022 8 of 11 140 the Director of Public Works Department gives prior approval. Extreme care should be taken to prevent damage to landscape, irrigation, structures, obstacles, individuals, or private property. D. Stump Grinding: Stumping consists of grinding tree stumps to a minimum of eighteen inches (18") below soil surface unless utilities prevent a 18" depth. All surface roots within a depth of a 12 ft. zone around the tree shall be removed by grinding. Extreme care should be taken to prevent damage to landscape, irrigation, structures, obstacles, individuals, utilities, or private property. West Coast shall notify Dig Alert two working days prior to stump grinding at 1-800-227-2600. E. Tree Planting: 1. The City shall prepare a work order of tree planting locations throughout the City. 2. West Coast shall follow the ANSI Planting Standards and ISA Best Management Practices for Tree Planting. 3. West Coast shall provide a ninety (90) day warranty for all tree plantings. West Coast is responsible for tree watering and maintenance during the warranty period. Any trees that die or do not establish during the warranty period shall be replaced at West Coats sole expense. The warranty period will start over for any trees that require replacement. INFORMATION TECHNOLOGY AND SYSTEMS REQUIREMENTS 1. West Coast is required to provide and operate an electronic tree inventory and work order system that is geographical information system (GIS) based so the City can view the tree inventory on a map, submit work orders, update tree history, generate reports about work history within the City, and view the maintenance records for each City tree. 2. West Coast is responsible for providing the City representative and their Staff with login and password information for the system. 3. West Coast is required to maintain the system through the entire contract term and issue any system updates needed. 4. West Coast currently has the City of Vernon's existing City tree inventory. West Coast will provide the City with an Excel and Shape file format so it can be uploaded into our system. The existing City's tree inventory contains the following information: Inventory Identification, District, Address, Tree Location (example: park, median, side, front), Tree Number, Tree Species (both common name and SPECIAL PROVISIONS - CS-1022 9 of 11 141 botanical name), diameter at breast height (DBH) expressed in a range, height expressed in a range, Tree Condition, parkway width, location information, and past work history. 5. Maintaining and Updating City Tree Inventory: a. During any services performed by West Coast, the tree inventory shall be updated including maintenance performed, updated condition, updated DBH, and updated height. b. If the City requests additional trees to be planted in the City, then West Coast shall create new planting sites at the City requested location. The City tree inventory including any updates or revisions shall belong to the City. West Coast shall supply the City with an updated Excel file of the tree inventory at the end of the contract term. d. The City will own all final documents and data developed during the services. EMERGENCY CALLS FOR TREE SERVICES The Contractor is required to respond on an on -call basis for emergency work such as downed trees and branches. Emergency work may occur twenty-four (24) hours a day, seven (7) days a week including weekdays, weekends, and holidays. West Coast Contractor shall have the capability to receive and to respond immediately to call of an emergency nature during normal working hours and during hours outside of normal working hours. Calls of an emergency nature received by the City shall be referred to the Contractor for immediate disposition. 2. West Coast shall have the duty to respond to emergency calls within two (2) hours from time of notification. 3. West Coast must designate a person within their company who will respond to emergency calls twenty-four (24) hours a day. 4. West Coast shall submit telephone number(s) to the City that can be used to obtain emergency service on a twenty-four (24) hour basis. West Coast name and telephone number will also be listed with the Police Department. 5. Upon arriving at any emergency situation it shall be the responsibility of West Coast to eliminate all unsafe conditions that would adversely affect the health, safety or welfare of the public. SPECIAL PROVISIONS - CS-1022 10 of 11 142 6. Failure to respond within two (2) hours of attempt to contact may result in a $200 penalty per incident. Failure to respond to an emergency at any level will subject West Coast to any primary or secondary cost arising from said emergencies. EMERGENCY WORK CHARGES Emergency work charges shall include all personnel, equipment and other material used in completing work in an emergency situation. This includes night work and work on weekends and holidays. Contractor shall respond to emergency calls within two (2) hours from time of notification. HOURLY CHARGES Regular hourly work charges shall include trimming and cleanup of broken limbs, thinning, re -staking and/or removal of young trees, and other services generally as a result of storm damage. This work shall occur during normal working hours. SPECIAL PROVISIONS - CS-1022 11 of 11 143 EXHIBIT C MAINTENANCE AGREEMENT PROVIDING PAYMENT OF PREVAILING WAGES (CITY OF SOUTH PASADENA / WEST COAST ARBORISTS, INC.) 144 14 MAINTENANCE AGREEMENT Providing Payment of Prevailing Wages (City of South Pasadena / West Coast Arborists Inc.) 1. IDENTIFICATION This MAINTENANCE AGREEMENT ("Agreement') is entered into by and between the City of South Pasadena, a California municipal corporation ("City"), and West Coast Arborists Inc. ("Contractor"). 2. RECITALS 2.1. City has determined that it requires the following recurring maintenance services from a contractor: Urban forestry services for the City of South Pasadena trees including tree trimming, tree removal, tree planting, tree health care, arborist services, emergency tree related response, and consulting arborist services. 2.2. Contractor represents that it is fully qualified to perform such maintenance services by virtue of its experience and the training, education and expertise of its principals and employees. Contractor further represents that it is willing to accept responsibility for performing such maintenance services in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Contractor agree as follows: 3. DEFINITIONS 3.1. "Scope of Services": Such maintenance services as are set forth in the Special Provisions attached hereto as "Exhibit A" and incorporated herein by this reference. 3.2. "Agreement Administrator": The Agreement Administrator for this project is Kristine Courdy, Public Works Operations Manager. The Agreement Administrator shall be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Contractor. 3.3. "Maximum Amount': The highest total compensation and costs payable to Contractor by City under this Agreement. The Maximum Amount under this Agreement is three hundred and seventy five thousand Dollars ($375,000.00). Breakdown of the cost of Maintenance Services Agreement 145 Page 1 of 46 Authorized for Use 11.15.16 each item is included in the Payment for Services attached hereto as "Exhibit `B and incorporated herein by this reference. 3.4. "Payment for Services": City shall pay for the services performed by the Contractor pursuant to the terms of this Agreement. The compensation is set forth in the "Payment for Services" attached hereto as "Exhibit B" and incorporated herein by this reference. 3.5. "Commencement Date": February 21, 2018. 3.6. "Termination Date": June 30, 2021. 4. TERM The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Termination Date unless extended by written agreement of the parties or terminated earlier under Section 15 ("Termination") below. The contract may be extended for an additional two years under the same terms and conditions at the sole discretion of the City Manager or his/her representative, unless earlier terminated as provided in Section 15 herein. If the City desires to exercise the two year renewal option, the City shall notify the Contractor in writing. If the Contractor desires to adjust the rates as set forth in "Exhibit B" for such extension period, Contractor shall give City written notice sixty (60) days in advance for such adjustment. In no case shall said adjustment exceed the increase (or decrease) represented by the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index for all Urban Consumers for the Los Angeles -Anaheim -Riverside standard Metropolitan Statistical Area ("Index") for March of the term then expiring from the Index for March one year prior thereto. 5. CONTRACTOR'S DUTIES 5.1. Services. Contractor shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. No additional work should be performed unless otherwise authorized by the City in writing. 5.2. Performance to Satisfaction of City: Contractor agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Contractor agrees that the services rendered pursuant to this Agreement shall be performed in accordance with the standards customarily provided by an experienced and competent professional organization rendering the same or similar services. Evaluations of the Maintenance Services Agreement 146 Page 2 of 46 Authorized for Use 11.15.16 work will be done by the Agreement Administrator of their designee. If the quality of the work is not satisfactory, the City in its sole discretion has the right to: • Meet with the Contractor to review the quality of the work and resolve the matter of concern; • Require the Contractor to repeat the work at no additional fee until satisfactory; and/or • Terminate the Agreement as hereinafter set forth. 5.3. Coordination with City. In performing services under this Agreement, Contractor shall coordinate all contact with City through its Agreement Administrator. 5.4. Budgetary Notification. Contractor shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount. Contractor shall concurrently inform the Agreement Administrator, in writing, of Contractor's estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount. 5.5. Business License. Contractor shall obtain and maintain in force a City business license for the duration of this Agreement. 5.6. Professional Standards. Contractor shall perform all work to the highest standards of Contractor's profession and in a manner reasonably satisfactory to City. Contractor shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules, and regulations in any manner affecting the performance of this Agreement, including all Cal/OSHA requirements, the conflict of interest provisions of Government Code § 1090 and the Political Reform Act (Government Code § 81000 et seq.). 5.7. Appropriate Personnel. Contractor has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Contractor or under its supervision or by subcontractor(s) of Contractor, and all personnel engaged in the work shall be qualified to perform such services. Herminio Padilla shall be Contractor's project administrator and shall have direct responsibility for management of Contractor's performance under this Agreement. No change shall be made in Contractor's project administrator without City's prior written consent. 5.8. Prevailing Wages. This Agreement is subject to the prevailing wage law as more fully set forth in Section 8 (Labor Code), for all work performed under this Agreement for which the payment of prevailing wages is required under the California Labor Code. In particular, Contractor acknowledges that prevailing wage determinations are available for work performed under this Agreement. Maintenance Services Agreement 147 Page 3 of 46 Authorized for Use 11.15.16 5.9. Permits and Approvals. Contractor shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary, if any, for Contractor's performance of this Agreement including, but not limited to, professional licenses and permits. 5.10. Notification of Organizational Changes. Contractor shall notify the Agreement Administrator, in writing, of any change in name, ownership or control of Contractor's firm or of any subcontractor. Change of ownership or control of Contractor's firm may require an amendment to this Agreement. 5.11. Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 6. SUBCONTRACTING AND ASSIGNMENT 6.1. General Prohibition On Assignment. This Agreement covers services of a specific and unique nature. Except as otherwise provided herein, Contractor shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement. 6.2. Contractor Responsible. Contractor shall be responsible to City for all services to be performed under this Agreement. 6.3. Subcontracting. Contractor shall not subcontract any portion of the performance contemplated and provided for herein unless (1) such subcontracting is specifically described in the proposal attached hereto or (2) the City provides prior written approval. In any event, Contractor shall supervise all work subcontracted by Contractor in performing the services described in the Scope of Services and shall be responsible for all work performed by a subcontractor as if Contractor itself had performed such work. The subcontracting of any work shall not relieve Contractor from any of its obligations under this Agreement with respect to the services described in the Scope of Services. Contractor is obligated to ensure that any and all subcontractors performing any services under this Agreement shall be fully insured in Maintenance Services Agreement 148 Page 4 of 46 Authorized for Use 11.15.16 all respects and to the same extent as set forth under Section 13 (Insurance), to City's satisfaction. 6.4. Compensation for Subcontractors. Contractor shall be liable and accountable for any and all payments, compensation, and federal and state taxes to all subcontractors performing services under this Agreement. City shall not be liable for any payment, compensation, or federal and state taxes for any subcontractors. 7. COMPENSATION 7.1. General. City agrees to compensate Contractor for the services provided under this Agreement, and Contractor agrees to accept payment, the Maximum Amount in full satisfaction for such services. Compensation shall not exceed the Maximum Amount. Contractor shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by City in advance. 7.2. Invoices. Contractor shall submit to City an invoice, on a monthly basis or as otherwise agreed to by the Agreement Administrator, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. Contractor shall include a copy of each subcontractor invoice, if any, for which reimbursement is sought in the invoice. 7.3. Taxes. City shall not withhold applicable taxes or other payroll deductions from payments made to Contractor except as otherwise required by law. Contractor shall be solely responsible for calculating, withholding, and paying all taxes. 7.4. Disputes. The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Contractor. 8. LABOR CODE 8.1. Prevailing Wage Law. Prevailing Wage Law. This Agreement is subject to the requirements of the prevailing wage laws, including, but not limited to, Labor Code Section 1720 et seq., and Labor Code Section 1770 et seq., as well as Code of Regulations, Title 8, Section 16000 et seq., which require payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. Contractor shall defend, indemnify, and hold harmless City, and its officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of failure or alleged failure of Contractor to comply with such prevailing wage laws. 8.2. Payment of Prevailing Wages. Contractor shall pay the prevailing wage rates for all work performed under this Agreement. When any craft or classification is omitted Maintenance Services Agreement 149 Page 5 of 46 Authorized for Use 11.15.16 from the general prevailing wage determinations, the Contractor shall pay the wage rate of the craft or classification most closely related to the omitted classification. 8.3. Forfeiture. Contractor shall forfeit as a penalty to City Two Hundred Dollars ($200.00), or any greater penalty provided in the Labor Code, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates for any work done under this Agreement employed in the performance of the Scope of Services by Contractor or by any subcontractor of Contractor in violation of the provisions of the Labor Code. In addition, the difference between such prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate shall be paid to each worker by Contractor. 8.4. Apprentices. Contractor shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects. Contractor shall be responsible for ensuring compliance by its subcontractors with Labor Code Section 1777.5. 8.5. Payroll Records. Pursuant to Labor Code Section 1776, Contractor and any subcontractor(s) shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor in connection with this Agreement. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Labor Code Section 1811 and Labor Code Section 1815 for any work performed by his or her employees on the public works project. The payroll records shall be certified and shall be available for inspection at all reasonable hours as required by Labor Code Section 1776. 8.6. 8-Hour Work Day. This Agreement is subject to 8-hour work day and wage and hour penalty laws, including, but not limited to, Labor Code Section 1810 and Labor Code Section 1813. Contractor and any subcontractor(s) of Contractor shall strictly adhere to the provisions of the Labor Code regarding 8-hour work day and 40-hour work week requirements, and overtime, Saturday, Sunday, and holiday work. Pursuant to the Labor Code, eight hours' labor shall constitute a legal day's work. Work performed by Contractor's employees in excess of eight hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay. Contractor shall forfeit as a penalty to City $25.00, or any greater penalty set forth in the Labor Code, for each worker employed in the execution of the work by Contractor or by any subcontractor(s) of Contractor, for each calendar day during which such worker is required or permitted to the work Maintenance Services Agreement 150 Page 6 of 46 Authorized for Use 11.15.16 more than eight hours in one calendar day or more than 40 hours in any one calendar week in violation of the Labor Code. 8.7. Registration with DIR. Contractor and any subcontractor(s) of Contractor shall comply with the provisions of Labor Code Section 1771 and Labor Code Section 1725.5 requiring registration with the Department of Industrial Relations (DIR). 9. OWNERSHIP OF WRITTEN PRODUCTS All reports, documents or other written material ("written products" herein) developed by Contractor in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Contractor may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Contractor. 10. RELATIONSHIP OF PARTIES 10.1. General. Contractor is, and shall at all times remain as to City, a wholly independent contractor. 10.2. No Agent Authority. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not represent that it is, or that any of its agents or employees are, in any manner employees of City. 10.3. Independent Contractor Status. Under no circumstances shall Contractor or its employees look to the City as an employer. Contractor shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Contractor's previously earned California Public Employees Retirement System ("Ca1PERS") retirement benefits, if any, and Contractor specifically assumes the responsibility for making such a determination. Contractor shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation, and other applicable federal and state taxes. 10.4. Indemnification of Ca1PERS Determination. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or Ca1PERS to be eligible for enrollment in Ca1PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or Maintenance Services Agreement 151 Page 7 of 46 Authorized for Use 11.15.16 employer contributions for Ca1PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 11. INDEMNIFICATION 11.1. Definitions. For purposes of this Section 11, "Contractor" shall include Contractor, its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Contractor or its subcontractors, in the performance of this Agreement. "City" shall include City, its officers, agents, employees and volunteers. 11.2. Contractor to Indemnify City. To the fullest extent permitted by law, Contractor shall indemnify, hold harmless, and defend City from and against any and all claims, losses, costs or expenses for any personal injury or property damage arising out of or in connection with Contractor's alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of Contractor or failure to comply with any provision in this Agreement. 11.3. Scope of Indemnity. Personal injury shall include injury or damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, Property damage shall include injury to any personal or real property. Contractor shall not be required to indemnify City for such loss or damage as is caused by the sole active negligence or willful misconduct of the City. 11.4. Attorneys Fees. Such costs and expenses shall include reasonable attorneys' fees for counsel of City's choice, expert fees and all other costs and fees of litigation. Contractor shall not be entitled to any refund of attorneys' fees, defense costs or expenses in the event that it is adjudicated to have been non -negligent. 11.5. Defense Deposit. The City may request a deposit for defense costs from Contractor with respect to a claim. If the City requests a defense deposit, Contractor shall provide it within 15 days of the request. 11.6. Waiver of Statutory Immunity. The obligations of Contractor under this Section 12 are not limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City. 11.7. Indemnification by Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 12 from each and every subcontractor or any other person or entity involved in the performance of this Agreement on Contractor's behalf. Maintenance Services Agreement 152 Page 8 of 46 Authorized for Use 11.15.16 11.8. Insurance Not a Substitute. City does not waive any indemnity rights by accepting any insurance policy or certificate required pursuant to this Agreement. Contractor's indemnification obligations apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. 12. INSURANCE 12.1. Insurance Required. Contractor shall maintain insurance as described in this section and shall require all of its subcontractors, Contractors, and other agents to do the same. Approval of the insurance by the City shall not relieve or decrease any liability of Contractor. Any requirement for insurance to be maintained after completion of the work shall survive this Agreement. 12.2. Documentation of Insurance. City will not execute this agreement until it has received a complete set of all required documentation of insurance coverage. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. Contractor shall file with City: • Certificate of Insurance, indicating companies acceptable to City, with a Best's Rating of no less than A:VII showing. The Certificate of Insurance must include the following reference: South Pasadena Urban Forestry Services. • Documentation of Best's rating acceptable to the City. • Original endorsements effecting coverage for all policies required by this Agreement. • City reserves the right to obtain a full certified copy of any required insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of the right to exercise later. 12.3. Coverage Amounts. Insurance coverage shall be at least in the following minimum amounts: • Professional Liability Insurance: $2,000,000 per occurrence, $4,000,000 aggregate • General Liability: • General Aggregate $4,000,000 • Products Comp/Op Aggregate $4,000,000 • Personal & Advertising Injury $2,000,000 • Each Occurrence $2,000,000 • Fire Damage (any one fire) $ 100,000 • Medical Expense (any 1 person) $ 10,000 Maintenance Services Agreement 153 Page 9 of 46 Authorized for Use 11.15.16 • Workers' Compensation: • Workers' Compensation Statutory Limits • EL Each Accident $1,000,000 • EL Disease - Policy Limit $1,000,000 • EL Disease - Each Employee $1,000,000 Automobile Liability: • Any vehicle, combined single limit $1,000,000 Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements or limits shall be available to the additional insured. Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured 12.4. General Liability Insurance. Commercial General Liability Insurance shall be no less broad than ISO form CG 00 01. Coverage must be on a standard Occurrence form. Claims -Made, modified, limited or restricted Occurrence forms are not acceptable. 12.5. Worker's Compensation Insurance. Contractor is aware of the provisions of Section 3700 of the Labor Code which requires every employer to carry Workers' Compensation (or to undertake equivalent self-insurance), and Contractor will comply with such provisions before commencing the performance of the work of this Agreement. If such insurance is underwritten by any agency other than the State Compensation Fund, such agency shall be a company authorized to do business in the State of California. 12.6. Automobile Liability Insurance. Covered vehicles shall include owned if any, non - owned, and hired automobiles and, trucks. 12.7. Claims -Made Policies. If any of the required policies provide coverage on a claims - made basis the Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Claims -Made Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. 12.8. Additional Insured Endorsements. The City, its City Council, Commissions, officers, and employees of South Pasadena must be endorsed as an additional insured for each policy required herein, for liability arising out of ongoing and completed Maintenance Services Agreement 154 Page 10 of 46 Authorized for Use 11.15.16 operations by or on behalf of the Contractor. Contractor's insurance policies shall be primary as respects any claims related to or as the result of the Contractor's work. Any insurance, pooled coverage or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or Contractors shall be non-contributory. All endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. General liability coverage can be provided using an endorsement to the Contractor's insurance at least as broad as ISO Form CG 20 10 1185 or both CG 20 10 and CG 20 37. 12.9. Failure to Maintain Coverage. In the event any policy is canceled prior to the completion of the project and the Contractor does not furnish a new certificate of insurance prior to cancellation, City has the right, but not the duty, to obtain the required insurance and deduct the premium(s) from any amounts due the Contractor under this Agreement. Failure of the Contractor to maintain the insurance required by this Agreement, or to comply with any of the requirements of this section, shall constitute a material breach of this Agreement. 12.10. Insurance Notices. Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self -insured retention is increased. Contractor shall provide no less than 30 days' notice of any cancellation or material change to policies required by this Agreement. Contractor shall provide proof that cancelled or expired policies of insurance have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The name and address for Additional Insured Endorsements, Certificates of Insurance and Notices of Cancellation is: City of South Pasadena, Attn: Public Works Department, 1414 Mission Street, South Pasadena, CA 91030. 12.11. Contractor's Insurance Primary. The insurance provided by Contractor, including all endorsements, shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Contractor's insurance and shall not contribute with it. 12.12. Waiver of Subrogation. Contractor hereby waives all rights of subrogation against the City. Contractor shall additionally waive such rights either by endorsement to each policy or provide proof of such waiver in the policy itself. Maintenance Services Agreement 155 Page 11 of 46 Authorized for Use 11.15.16 12.13. Report of Claims to City. Contractor shall report to the City, in addition to the Contractor's insurer, any and all insurance claims submitted to Contractor's insurer in connection with the services under this Agreement. 12.14. Premium Payments and Deductibles. Contractor must disclose all deductables and self -insured retention amounts to the City. The City may require the Contractor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within retention amounts. Ultimately, City must approve all such amounts prior to execution of this Agreement. City has no obligation to pay any premiums, assessments, or deductibles under any policy required in this Agreement. Contractor shall be responsible for all premiums and deductibles in all of Contractor's insurance policies. The amount of deductibles for insurance coverage required herein are subject to City's approval. 12.15. Duty to Defend and Indemnify. Contractor's duties to defend and indemnify City under this Agreement shall not be limited by the foregoing insurance requirements and shall survive the expiration of this Agreement. 13. MUTUAL COOPERATION 13.1. City Cooperation in Performance. City shall provide Contractor with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Contractor's services under this Agreement. 13.2. Contractor Cooperation in Defense of Claims. If any claim or action is brought against City relating to Contractor's performance in connection with this Agreement, Contractor shall render any reasonable assistance that City may require in the defense of that claim or action. 14. NOTICES Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Contractor's and City's regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing). Maintenance Services Agreement 156 Page 12 of 46 Authorized for Use 11.15.16 If to City: Kristine Courdy City of South Pasadena Public Works Department 1414 Mission Street South Pasadena, CA 91030 Telephone: (626) 403-7240 Facsimile: (626) 403-7241 With courtesy copy to: Teresa L. Highsmith, Esq. South Pasadena City Attorney Colantuono, Highsmith & Whatley, PC 790 E. Colorado Blvd., Ste 850 Pasadena, CA 91101 Telephone: (213) 542-5700 Facsimile: (213) 542-5710 15. SURVIVING COVENANTS If to Contractor: Victor Gonzales West Coast Arborists Inc. Vice President, Marketing 2200 East Via Burton Anaheim, CA 92806 Telephone: (714) 991-1900 Facsimile: (714) 956-3745 The parties agree that the covenants contained in paragraph 5.10 (Records), paragraph 10.4 (Indemnification of Ca1PERS Determination), Section 11 (Indemnification), paragraph 12.7 (Claims -Made Policies), paragraph 13.2 (Contractor Cooperation in Defense of Claims), and paragraph 18.1 (Confidentiality) of this Agreement shall survive the expiration or termination of this Agreement, subject to the provisions and limitations of this Agreement and all otherwise applicable statutes of limitations and repose. 16. TERMINATION 16.1. City Termination. City may terminate this Agreement for any reason on thirty calendar days' written notice to Contractor. Contractor agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement. 16.2. Contractor Termination. Contractor may terminate this Agreement for a material breach of this Agreement upon thirty calendar days' notice. Maintenance Services Agreement 157 Page 13 of 46 Authorized for Use 11.15.16 16.3. Compensation Following Termination. Upon termination, Contractor shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the services required by this Agreement. The City shall have the benefit of such work as may have been completed up to the time of such termination. 16.4. Remedies. City retains any and all available legal and equitable remedies for Contractor's breach of this Agreement. 17. INTERPRETATION OF AGREEMENT 17.1. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. 17.2. Integration of Exhibits. All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Contractor with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on by City and Contractor. 17.3. Headings. The headings and captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the language of the section or paragraph shall control and govern in the construction of this Agreement. 17.4. Pronouns. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s). 17.5. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and shall be enforceable in its amended form. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. Maintenance Services Agreement 158 Page 14 of 46 Authorized for Use 11.15.16 17.6. No Presumption Against Drafter. Each party had an opportunity to consult with an attorney in reviewing and drafting this agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting to any party. 18. GENERAL PROVISIONS 18.1. Confidentiality. All data, documents, discussion, or other information developed or received by Contractor for performance of this Agreement are deemed confidential and Contractor shall not disclose it without prior written consent by City. City shall grant such consent if disclosure is legally required. All City data shall be returned to City upon the termination or expiration of this Agreement. . 18.2. Conflicts of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractor to file, a Statement of Economic Interest with the City's Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 18.3. Non -assignment. Contractor shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City's prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Contractor. 18.4. Binding on Successors. This Agreement shall be binding on the successors and assigns of the parties. 18.5. No Third -Party Beneficiaries. Except as expressly stated herein, there is no intended third -party beneficiary of any right or obligation assumed by the parties. 18.6. Time of the Essence. Time is of the essence for each and every provision of this Agreement. 18.7. Non -Discrimination. Contractor shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical Maintenance Services Agreement 159 Page 15 of 46 Authorized for Use 11.15.16 condition (cancer -related), marital status, ancestry, or sexual orientation. Employment actions to which this provision applies shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause. 18.8. Waiver. No provision, covenant, or condition of this Agreement shall be deemed to have been waived by City or Contractor unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. The waiver by City or Contractor of any breach of any provision, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other provision, covenant, or condition. 18.9. Excused Failure to Perform. Contractor shall not be liable for any failure to perform if Contractor presents acceptable evidence, in City's sole judgment that such failure was due to causes beyond the control and without the fault or negligence of Contractor. 18.10. Remedies Non -Exclusive. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies. 18.11. Attorneys' Fees. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, each party shall pay its own costs, including any accountants' and attorneys' fees expended in the action. 18.12. Venue. The venue for any litigation shall be Los Angeles County, California and Contractor hereby consents to jurisdiction in Los Angeles County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement. Maintenance Services Agreement 160 Page 16 of 46 Authorized for Use 11.15.16 TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. "City" "Contract r° City of So th s dens West Coat sts c. B : 1 By: i nature Signature Printed: 4KC17WAPIC MWOWC Title: �f Date: Attest: By. ti Evelyn G. Z imer, Xity Cler Date: Og Approved as to form: By: T esa L. Highs mitir, V, Attorney Date: 01]ZI ISO $ Printed: Patrick Mahoney Title: President Date: 2/16/18 Maintenance Services Agreement Page 17 of 46 161 Authorized for Use 11.15.16 WORKER'S COMPENSATION INSURANCE ACKNOWLEDGEMENT I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. If any class of employees engaged in work under this contract at the site of the Project is not protected under any Worker's Compensation law, Contractor shall provide and shall cause each subcontractor to provide adequate insurance for the protection of employees not otherwise protected. Contractor shall indemnify and hold harmless City for any damage raanc lting from failure of either Contractor or any subcontractor to take out or maintain such insu�. Date: 2/16/18 Signar. e UU Patrick Mahoney _ Printed Name President Title Maintenance Services Agreement Page 18 of 46 162 Authorized for Use 11.15.16 Exhibit A Scope of Services SCOPE OF SERVICE Contractor shall perform completely all work and incidentals appurtenant to the Specifications of the contract. Any mention herein or indication on the drawings of materials, operations, or methods, requires that the contractor provide each item mentioned, perform each operation described and provide all necessary labor, equipment, materials and incidentals. Urban forestry services include complete responsibility for proper care of all trees including tree trimming, tree removal, tree planting, tree health care, emergency response, and consulting arborist services in the City of South Pasadena. REQUIRED QUALIFICATIONS The firm must hold a valid State of California Contractor's License (D49 and C27) in addition to providing current OSHA certification for all aerial devices to be used during this project. Contractor's Account Manager, Supervisor and Consulting Arborist must have a valid ISA Certified Arborist credential. These provisions must be kept current throughout the entirety of the contract. Persons performing the work outlined in the contract must be qualified and trained in the urban forestry services industry. The use of subcontractors is not allowed except for specialized services. The subcontractor must be approved by the City prior to performing any work. The Contractor shall also maintain at least one (1) English-speaking foreman on -site at all times. The firm is required to provide and operate an electronic tree inventory and work order system that is Geographical Information System (GIS) based so the City can view the tree inventory on a map, submit work orders, update tree history, generate reports about work history within the City, and view the maintenance records for each City tree. The Contractor must submit and overview and information on their proposed electronic tree inventory and work order system for prior City approval before use. The firm shall provide the City with a "Quality Control Plan" with an effective and efficient means of identifying and correcting problems throughout the entire scope of operations. In addition, the firm must submit to the City for approval, a current Safety Manual that meets Senate Bill 198 requirements for injury and illness prevention. Maintenance Services Agreement 163 Page 19 of 46 Authorized for Use 11.15.16 ADDITIONS/DELETIONS OF SERVICE The City reserves the right to add and/or delete services to this contract. Should a service requirement be deleted, payment to the Contractor will be reduced proportionally, to the amount of service reduced in accordance with the Proposal price. Should additional services be required from this contract, prices for such additions shall be in accordance with the Payment for Services schedule set for in "Exhibit B". No additional work should be performed unless otherwise authorized by the City in writing. CONTRACTOR'S RESPONSIBILITY The Contractor shall be responsible for any damages whatsoever to City property as applicable when such property is the responsibility or in custody of the Contractor, his/her employees or subcontractors. RECORDS AND REPORTS Contractor shall prepare and submit to the Parks Supervisor/Public Works Operations Manager such reports concerning the performance of the services required by this Agreement as required. Contractor shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Parks Supervisor/Public Works Operations Manager to evaluate the performance of such services. The Parks Supervisors/Public Works Operations Manager shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, request certified payrolls, and make records and transcripts from such records. All reports, records, documents and other materials prepared by Contractor in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Parks Supervisor/Public Works Operations Manager upon the termination of this Agreement, and Contractor shall have no claim for further compensation as a result of the exercise by City of its full right of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. It shall have an unrestricted right to use the concepts embodied therein. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Parks Supervisor/Public Works Operations Manager. Maintenance Services Agreement 164 Page 20 of 46 Authorized for Use 11.15.16 SPECIAL PROVISIONS 1) General Requirements: a. Contractor must hold a valid, in good standing California D-49 and C-27 Contractor's License through the duration of the contract term. b. Normal working hours shall be 7:00 a.m. to 5:00 p.m. Monday through Friday. Use of motorized equipment must follow Chapter 19A of the City Municipal Code. Any afterhours work must be approved by the City in writing. c. Contractor shall be responsible for carefully inspecting the tree for any bird nests before beginning any tree operations Contractor shall stop work and notify the City if a bird nest is found while performing services. Services shall be scheduled after the bird nesting s complete. Contractor shall follow the Los Angles Audubon Society Guide to Bird Friendly Tree and Shrub Trimming and Removals Guidelines. d. Assembly Bill 73: i. The Contractor shall comply with the requirements of Assembly Bill 73. The law states that, "...every person planning to conduct any excavation is required to contact a regional notification center at least two (2) days prior to excavation..." ii. Assembly Bill 73 defines excavation as, "any operation in which earth, rock, or other material in the ground is moved, removed or otherwise displaced by means of tools, equipment, or explosives in any of the following ways: grading, trenching, digging, ditching, drilling, auguring, tunneling, scraping, cable or pipe and driving, or any other way. iii. Two (2) working days before starting any work below ground level, the Contractor shall contact Dig Alert at 1-800-227-2600. Contractor shall make sure utilities are located in the area and arrange their work so as not to damage any utility services. The Contractor is responsible for providing Dig Alert related field markings and coordination. e. The City will own all final documents developed ruing the services. 2) Services to be Provided: Contractor shall furnish all labor, equipment, materials and supervision to perform maintenance services for City trees as described herein including, but not limited to, the following: Maintenance Services Agreement 165 Page 21 of 46 Authorized for Use 11.15.16 a. Tree Pruning (Chid Trim or Service Request Trim); b. Tree Removal; c. Stump Removal; d. Root Pruning; e. Tree Planting; f. Tree Staking; g. Removal of Hazardous Branches; h. Removal of tree debris and/or tree trimmings; i. Worksite Cleanup; j. Repair of Damaged Sprinklers; k. Repair or Replacement of Damaged Fences or Walls; 1. Soil Replacement; m. Damaged Tree and /or Shrub Replacement; n. Collection of Tree Inventory Data; o. Distribution of No Parking Signs and Door hangers; p. Contact with the Public; q. Employee Uniforms with Company Logo or Designation; r. Vehicles and Equipment with Company Logos or Designation; s. Traffic Control; and t. Other Services Set Forth in this Agreement. All work shall conform to the latest edition of Pruning Standards of the Western Chapter ISA and these specifications. In all cases the Director of Public Works, or their designee, shall have complete and sole discretion in determining conformance and acceptability of the trees trimmed by the Contractor. Trimmed trees rejected by the Director, or their designated representative(s), shall be excluded from payment. Contractor shall have the duty to provide services for City trees as assigned. Contractors shall be available twenty four (24) hours per day, seven (7) days a week to respond to all emergencies within two (2) hours of notification. Contractor has. the duty to familiarize and fully acquaint themselves with the conditions and possible difficulties associated with the performance of the contract. Contractor shall be responsible for carefully verifying the number of trees, tree varieties, and tree locations for any proposed work. No additional compensation or relief from any obligation of the contract will be granted because of lack of knowledge of the site and /or conditions under which work will be accomplished. 3) Areas to be Maintained: Worksites will include City trees within the Public right-of- way. Worksites will also include Parks, Water Reservoirs, Medians, Parkways, Public Facilities or other areas where trees are under the jurisdiction of the City of South Maintenance Services Agreement 166 Page 22 of 46 Authorized for Use 11.15.16 Pasadena. Trees to be serviced will be provided on a monthly basis and may consist of individual trees located throughout the City. It should be understood that this project may not be solely "section" or "block" type tree trimming. 4) Defmitions: a. Where "as directed", "as required", "as permitted", "approved", "acceptance", or words of similar importance are used, it shall be understood that the direction, requirement, permission, approval or acceptance of the Public Works Director is intended unless otherwise stated. As used herein, "provide" shall be understood to mean "provide complete", "in place", "this is", "furnish and install"; the work "site" as used hereinafter shall be understood to mean the location receiving the service. The use of the word "Director" shall be construed to mean the Director of Public Works, or their delegated representative(s). The use of the word "Contractor" shall be held to mean the Contractor and/or any person employed by him and working under this contract. b. The use of the words "shall" and "may" shall be held to mean "mandatory" and "permissive" respectively. The use of the words "his" or "him" shall be construed to mean either gender, as appropriate. c. The following are definitions for terms used in this project: i. Branch Collar shall mean wood tissue ridges that form around the base of a branch between the main stem and the branch usually as a branch begins to die the branch collar begins to increase in size. ii. Callus shall refer to the new growth made by the cambium layer around all of a wound. iii. Cambium Layer shall mean the growing point between bark and sapwood. iv. Closure shall refer to the roll of the callus growth around the wound area. v. Crown shall mean the head or canopy of tree foliage. vi. The Cut shall mean the exposed wood area that remains after the branch has been removed. vii. Cut Back Drop Crotch shall mean the specified reduction of the overall size of a tree or individual branches, but may include the overall reduction of the sides as well as the top of the tree. Maintenance Services Agreement 167 Page 23 of 46 Authorized for Use 11.15.16 viii. Dormant shall refer to a condition of non -active growth. Deciduous trees are considered to be dormant from the time the leaves fall until new foliage begins to appear. ix. Girdling Roots are located above or below ground level, whose circular growth around the base of the trunk or over the individual roots applies pressure to the bark area, thereby choking or restricting the flow of sap. x. Grid Trim shall consist of a group of trees to be pruned in a localized area as defines by the Director. xi. Leader shall mean central growth shoot. xii. Liftiniz shall refer to the removal of lower branches for under clearance. xiii. Parent System shall mean the main trunk system of the tree. xiv. Pre-cut or Pre-cutting shall mean the removal of the branch at least beyond the finished cut, to prevent splitting into parent stem or branch. xv. Prunin shall mean the removal of dead, dying, diseased, live, interfering, objectionable and weak branches in a scientific manner. xvi. Sap Flow shall mean the definite course assumed by sap in its movement through the tree. xvii. Scars or Injuries shall refer to natural or man-made lesions of the bark in which wood is exposed. xviii. Scatter Trim shall consist of the trimming of a tree, or group of trees, that do not consist of eight or more in a localized area. xix. Service Request Trim shall mean trees requiring service prior to their regularly scheduled grid or annual trim or to rectify a specific problem such as blocked street lighting or signs, right-of-way clearance, utility line clearance, or broken limbs will be performed as a "Service Request." xx. Suckers shall mean the abnormal growth of small branches usually not following the general pattern of the tree. xxi. Thinning Out shall mean the removal of live branches to reduce wind resistance and to create more space. xxii. Topping see Cut Back. Maintenance Services Agreement 168 Page 24 of 46 Authorized for Use 11.15.16 xxiii. Tracing shall mean carefully cutting the bark along the lines of sap flow to encourage closure and to be the outline of the wound area. xxiv. Trimming see Pruning. xxv. Inspector shall mean the duly authorized representative of the Director who shall monitor the contractor's progress within the Urban Forestry project area he/she is assigned to. xxvi. Trash and Litter shall mean any debris generated. by the Contractor within the Urban Forestry project area such as paper, cans, bottles, limbs three inches in diameter or less, rocks, etc., which is not intended to be present as part of the landscape. d. Emergency Work Charges: Emergency work charges shall include all personnel, equipment and other material used in completing work in an emergency situation. This includes night work and work on weekends and holidays. e. Hourly Work Charges: Regular hourly work charges shall include trimming and cleanup of broken limbs, thinning, restaking and/or removal of young trees, and other services need generally as a result of storm damage. This work shall occur during normal working hours. 5) Information Technology and System Requirements: a. Contractor is required to provide and operate an electronic tree inventory and work order system that is GIS based so the City can view the tree inventory on a map, submit work orders, update tree history, generate reports about work history within the City, and view the maintenance records for each City tree. b. Contractor is responsible for providing the City representative and their staff with login and password information for the system. c. Contractor is required to maintain the system through the entire contract term and issue any system updates needed. d. The existing City tree inventory will be provided to the Contractor in an Excel and Shape file format so it can be uploaded into the Contractor's system. The existing City's tree inventory contains the following information: Inventory Identification, District, Address, Tree Location (example: park, median, side, front), Tree Number, Tree Species (both common name and botanical name), diameter at breast height (DBH) expressed in a range, height expressed in a range, Maintenance Services Agreement 169 Page 25 of 46 Authorized for Use 11.15.16 Tree Condition, Latitude, Longitude, parkway width, location information, and past work history. e. Contractor's crews shall be provided with mobile devices to perform any updates to the tree inventory from the field. f. Maintaining and Updating City Tree Inventory: i. During any services performed by the Contractor, the Contractor shall update the tree inventory including maintenance performed, updated condition, updated DBH, and updated height. ii. If the City requests additional trees to be planted in the City, then the Contractor shall create new planting sites at the City requested location. iii. The City tree inventory including any updates or revisions shall belong to the City. The Contractor shall supply the City with an updated Excel file of the tree inventory at the end of the contract term. iv. The City will own all final documents and data developed during the services. 6) General Tree Pruning Requirements: All cuts shall be made sufficiently close to the trunk or parent limbs, without cutting into the branch collar or leaving a protruding stub, so that closure can readily start under normal conditions. Clean cuts shall be made at all times. a. Removal of Laterals: The final cut in removing a lateral branch should be immediately beyond the branch bark ridges, preserving the branch collar. Do not make stub cuts (an inch or more beyond the branch collar). Do not make flush cuts (through the branch collar). For any branch too large to be held while being cut, remove by means of the following cuts: i. Under cut the branch 4 to 10 inches beyond the base (to prevent splitting or peeling). ii. Cut off the branch beyond the undercut where necessary. to prevent property damage, branches shall be lowered to the ground by ropes and/or proper equipment. iii. Remove the remaining stub via a final cut, as described above (Section 6 a 1). b. Removal of Terminals (Tip Thinning and Drop Crotching): Thinning or "Lacing out" terminal portions of branches by cutting terminals back to laterals. (The basal diameter of the remaining lateral should be 1/3 the diameter of the terminal Maintenance Services Agreement 170 Page 26 of 46 Authorized for Use 11.15.16 being removed). Remove numerous small terminals and laterals rather than taking out a few large ones. Size Reduction takes out portions of the crown for height, remove terminals back to laterals. Each lateral should be suitably situated to serve as the new terminal, thus establishing the crown at . a lower level. The basal diameter of a lateral should be at least 1/3 the basal diameter of the terminal being removed. Laterals smaller than this cannot function effectively as new terminals, and the effect is then similar to a stub cut. Branches that pose a threat to the health, safety, and welfare of the general public shall be removed. In addition, branches that disrupt the aesthetic or general integrity of the tree shall be removed. Kinds of branches to be removed: i. Obstructing branches. Clear walks, traffic ways, buildings and other manmade structures. Clear other trees, plants as needed. ii. Dead, broken, diseased or weak branches. (Also, stubs left by previous pruners). iii. Crossing branches. This includes potentially crossing branches, also upright shoots (water sprouts) vigorous, and interior -directed branches. iv. Narrow crotch -angle branches. For most kinds of trees, branches with a crotch angle narrower than 30 degrees should be removed. v. Parallel branches. Branches less than a foot apart which run parallel for several feet may eventually damage each other. The less desirable one should be removed. vi. Wind -breakage risks. Crowns that are too high and/or too dense should be thinned, and sometimes lowered, to suitable laterals. Reducing wind resistance by thinning out many small branches is safer and better for the tree than taking out several large branches. vii. Branches that disrupt tree form. Excessively vigorous branches, or those that run against the general branching pattern, should be trimmed for better balance and shape. (This does not mean the tree must be made perfectly symmetrical: asymmetry as such can be both attractive and safe). c. On trees known to be diseased, tools are to be disinfected with methyl alcohol at seventy percent (denatured wood alcohol diluted appropriately with water) or a Clorox (bleach) solution after each cut and between trees where there is known to be a danger of transmitting the disease on tools. Maintenance Services Agreement 171 Page 27 of 46 Authorized for Use 11.15.16 d. Old injuries are to be inspected. Those not closing properly and where the callus growth is not already completely established should be traced where appropriate. e. All girdling roots visible to the eye are to be reported to the Director. £ The presence of any structural weakness, disease conditions, decayed trunk or branches, split crotches or branches, shall be reported in writing to the Director and corrective measures recommended. g. When pruning trees, the contractor shall make all trees shapely and typical of their species. Under no circumstances shall the any tree have their central leader removed without written consent from the Director. h. Tree Trimming Classifications and Tasks: i. Full Trim shall consist of. Removal of all dead, dying, diseased, crossing or rubbing, and weak limbs or branches within the canopy; Clearing limbs from all wires, lights, buildings, and/or traffic signal devices; Raising the canopy to a minimum of 14 feet above the curb; Restructuring the crown to provide thinning out of, reduction of, and/or restoration of; Removal of trunk sprouts, water sprouts and suckers; Balancing of the crown; Removal of "v" crotches and establishing scaffold branches of young trees while maintaining clearance for vehicle and pedestrian traffic in public right-of-ways. ii. A Clearance Trim shall consist of. Removing branches to provide a 14 foot clearance from the top of the curb; clearing limbs or branches away from wires, lights, buildings, and/or traffic signal devices; removal of trunk sprouts, water sprouts and suckers; clearing limbs or branches to provide for pedestrian travel. iii. A Palm Trim shall consist of Removing all dead or drooping fronds and fruiting clusters as close to the trunk as possible without cutting into outer trunk line, leaving approximately five to seven healthy fronds evenly spaced no more than 45 degrees above horizontal. 7) General Palm Trimming Requirements: All work shall be done in accordance with the following guidelines: a. Live fronds shall be removed as close as possible to the trunk. The remaining fronds are to be approximately forty five (45) degrees to the trunk. Maintenance Services Agreement 172 Page 28 of 46 Authorized for Use 11.15.16 b. All dead fronds and parts thereof shall be removed to a sound, intact portion, neatly and closely trimmed to the circumference of the trunk. c. All vines shall be removed from the trunk and cut at ground level. d. Only full, live fronds shall remain at the crown. Precaution shall be taken so that remaining fronds and stalks are not partially cut. e. Climbing spurs are not to be used when trimming trees, because of the damage caused to trees. Under special conditions, the Director may consider the use of climbing spurs. The request must be in writing and there is no assurance that permission to use climbing spurs will be granted. f. The work shall include daily clean up and disposal of all branches, fronds, stubs, twigs, leaves and other debris resulting from the trimming operation including debris that fell into a neighboring tree resulting from the trimming operation. 8) Tree and Stump Removal Requirements: a. Trees identified for removal are to be cut back and lowered to the ground in sections. Sections shall be no larger than can be safely controlled. Extreme care must be taken to prevent unsafe working conditions and/or other hazardous conditions to individuals, landscape, structures, or obstacles. b. Trees shall not be stump cut and felled. c. Tree stumps not designated for removal shall be cut flush with the ground. d. Tree stumps to be removed shall be completely ground a minimum of eighteen inches (18") below soil surface unless utilities prevent an 18" depth removal. All surface roots within a depth of eight inches (8") in a twelve foot (12') diameter zone around the tree shall also be removed by grinding. Grinding of stump shall be completed within 48 hours of tree removal. Extreme care should be taken to prevent damage to landscape, irrigation, structures, obstacles, individuals, utilities, or private property. Contractor shall notify Dig Alert two working days prior to stump grinding at 1-800-227-2600. e. All excavation as a result of this process shall be back filled exactly level with surrounding soil, compacted and fine graded. £ Excess debris, trimmings, branches, and wood shall be removed from the worksite and shall follow as closely as possible to the removal operation. At all times the Contractor shall maintain access to the public right of way, such as street, sidewalks, and driveway aprons prior to vacating the worksites. Maintenance Services Agreement 173 Page 29 of 46 Authorized for Use 11.15.16 g. All areas shall be left clean and free of debris at the close of each day's operation. h. All debris shall be properly disposed of offsite and at the Contractor's expense. All green waste products from Contractor's work shall be recycled. Contractor to provide weight slips or documentation on the disposal of the material. 9) Root Pruning: a. Root pruning consists of cutting the roots vertically with a power root cutter, along a straight, linear plane, usually along the curb and sidewalk and adjacent to the tree, to an 18" depth. Root pruning is done to prevent further damage to infrastructure and/or private property caused by surface roots of City trees. Root pruning is also done to accommodate repairs of sidewalk, curbs, asphalt, and other infrastructure. b. Extreme care should be taken to prevent damage to landscape, irrigation, structures, obstacles, individuals, or private property. c. All excavation as a result of this process shall be back filled exactly level with surrounding soil, compacted and fine graded. The sprinkler system shall be verified as operational, with any damage repaired within 24 hours. 10) Tree Planting: a. The City shall prepare a work order of tree planting locations throughout the City. b. Contractor shall follow the ANSI Planting Standards and ISA Best Management Practices for Tree Planting. c. Contractor shall provide a ninety (90) day warranty for all tree plantings. Contractor is responsible for tree watering and maintenance during the warranty period. Any trees that die or do not establish during the warranty period shall be replaced at the Contractor's sole expense. The warranty period will start over for any trees that require replacement. 11) Work Schedule: a. Work will be assigned and completed on a monthly basis. b. Contractor shall provide the City with a proposed schedule one (1) week in advance of performing services. Contractor shall notify City representative when they arrive on site to perform services within the City. Maintenance Services Agreement 174 Page 30 of 46. Authorized for Use 11.15.16 c. Contractor will secure a list of tree maintenance locations from the Public Works Department during the last week of the month that identifies work assignments for the following month. d. Contractor shall keep the Public Works Department informed of their progress at all times. e. Upon submission of each monthly invoice during the term of this contract, the contractor shall submit to the Director a report describing in detail all work performed during the previous month. Said report shall be in a form easily transferred or downloaded into the City of South Pasadena Urban Forestry Database and include the following: i. Date the work was performed. ii. Tree address and location. iii. Tree species (within attribute range). iv. Diameter of trunk at breast height (within attribute range). v. Tree height (within attribute range). vi. Tree condition (within attribute range). vii. Any visible decay, conks or hazardous condition. 12) Contractor's Liability: a. The Contractor will be held responsible for the preservation of all public and private property along and adjacent to the work being done, and will be required to exercise due precaution to avoid and prevent any damage or injury thereto as a consequence of their operation. All trees, shrubs, ground covers, fences, warning signals, street signs, walks, walls, structures, stairways, sprinklers or any other property, .shall be adequately protected and should not be removed or disturbed without permission from the City. Any damages resulting from Contractor neglect shall be repaired and/or replaced at the Contractor's own expense. b. Such repairs and/or replacement shall be performed by the Contractor at no cost to the City, and shall be accomplished as directed by the Director or their representative. Repairs shall be made immediately after damage or alteration occurs. Deductions shall be made from the Contractor's payment in the amount necessary to compensate the City for such repairs in the event such repair work is done by City forces or another source. c. Irrigation damage shall be repaired or replaced within the following time limits: i. Mainline irrigation breaks shall be repaired within two (2) hours. Maintenance Services Agreement 175 Page 31 of 46 Authorized for Use 11.15.16 ii. All other irrigation repair and/or replacement shall be completed within twenty four (24) hours. d. All damages to turf, ground cover, shrubs or trees shall be repaired or replaced within forty-eight (48) hours: i. Damage to turf shall be repaired by replacement with the appropriate variety of sod; reseeding shall not be considered as an adequate repair. Prior to trimming or removing any trees in large turf areas, the Contractor is required to lay down 3% inch thick plywood sheets or approved equal to protect turf from damage and settling from vehicles traffic. Plywood is to be removed immediately after the completion of work. No plywood or mats are to be left more than five (5) hours on turf to prevent turf burn or compaction. Any physical damages incurred by the Contractor to private or public property shall be corrected by the Contractor in a manner and within a time period dictated by the Public Works Department. Failure by the Contractor to make such corrections may result in the City causing said corrections to be made and deducting the cost for the same from payments due the contractor for work performed. An additional 20% penalty charge shall be added as compensation to the City of overhead cost incurred in causing said corrections to be made. ii. Damage to ground cover shall be repaired by replacement with the appropriate variety of plant material. Size and spacing shall be determined by the Director. iii. Damage to shrubs may be corrected by appropriate pruning; however, if in the opinion of the Director the damage is severe, the shrub shall be removed and replaced with the same variety and size. iv. Damage to trees shall be addressed in the following manner: 1. Trees in the contract area may be checked before contract work begins, and random checks may be carried out during the contract period. 2. The Contractor should inspect all trees for existing damages prior to conducting any work activity in the assigned project area. Observed tree damage shall be documented by memo to the assigned area inspector. e. Any damage to public or private property shall be reported to the City within one (1) hour. Maintenance Services Agreement 176 Page 32 of 46 Authorized for Use 11.15.16 f. All work shall be inspected, verified, and completed to the satisfaction of the Director, or their authorized representative. 13) Unauthorized Removals: Unauthorized tree removals will incur the following penalties: a. Under twelve inch (12") diameter: $ 1,200.00 b. 12" to thirty six inch (36") diameter: $ 2,400.00 c. 36" diameter or greater: $ 3,600.00 14) Public Relations: a. Contractor shall maintain good public relations at all times. The work shall be conducted in a manner that will cause the lease possible interference or annoyance to the public. b. Contractor shall have the duty to purchase and supply door hangers printed in English, acceptable to the City, and distribute to residents where tree maintenance is planned seventy two (72) hours prior to the work being completed. 15) Inspections: a. Inspections will be performed at times mutually agreed upon by the Parks Supervisor and the Contractor representative. The Parks Supervisor may make random visits when the Contractor is working in a specific area at their discretion. b. All inspections called for by the Contractor shall be requested at least forty-eight (48) hours prior to the anticipated inspection. c. All work shall meet the approval of the Director or their designated representative, or is rectified by the Contractor to a condition that does meet this acceptance. Corrective action shall be performed at no additional cost to the City. d. If the Contractor calls for inspections and is not ready for the inspections, the Contractor shall be back charged at the hourly rate, including travel time, for all members of the team of inspectors involved. 16) Hazardous Conditions: a. It shall be the Contractor's responsibility to inspect, and identify, any condition(s) that renders any areas within this Agreement unsafe, as well as any unsafe Maintenance Services Agreement 177 Page 33 of 46 Authorized for Use 11.15.16 practices occurring thereon. The Director shall be notified immediately of any unsafe condition that requires major correction. b. Contractors shall be responsible for making minor corrections including, but not limited to, filling holes in landscaped areas, using barricades or traffic cones to alert persons of the existence of hazards so as to protect all persons from injury. c. Contractors shall inspect all work sites for hazards, or potential hazards, prior, during and after performing the required work. d. During the required inspection of all work sites for hazards, or potential hazards, the Contractors shall keep a log indicating the date the area was inspected, any unsafe conditions, and the action taken. e. Contractors shall cooperate fully with the City of South Pasadena in the investigation of any accidental injury or death occurring on the premises, including the submission of a complete written report thereof to the Director within five (5) days following the occurrence. 17) Safety: a. Contractors shall perform all work outlined in these specifications in such a manner as to provide maximum safety to the public, and meet all accepted standards for safe practices during the maintenance operation; to safely maintain equipment, machines, and materials or other hazards consequential or related to the work; furthermore, to accept the sole responsibility for complying with all local, County, State or other legal requirements including, but not limited to, Senate Bill (SB) 198, California Department of Transportation (Caltrans) traffic control, American National Standards Institute (ANSI), OSHA and California OSHA (CALOSHA). b. The Director, or their representative, reserves the right to issue restraint, or cease and desist orders, to the Contractors when unsafe or harmful acts are observed or reported relative to the performance of work under this contract. c. Contractors shall so conduct its operation as to cause the least possible obstruction and inconvenience to public traffic. The Contractor shall furnish, erect and maintain such fences, barriers, lights and warning signs as deemed necessary by the Director. The Contractor must abide by the provisions of the "2016 WORK AREA TRAFFIC CONTROL HANDBOOK" published by Building News, Inc., and Caltrans traffic control requirements. When work is in progress, no street may be closed. Work may be only performed on one (1) side of the street at a time with proper traffic control and flagging. Maintenance Services Agreement 178 Page 34 of 46 Authorized for Use 11.15.16 d. High Level Warning Devices provide advance warning of a work area by being visible to a driver even when the work area is obstructed from view by vehicles or construction equipment. i. High Level Warning Devices shall be at least 9 feet high with legs, base, or truck mounting designed to resist overturning in brisk winds. Sandbags may be used to add weight to the base or legs. High Level Warning Devices shall be equipped with a yoke at the top to accommodate at least three flags. Flags shall be fabricated of high visibility orange material and equipped with stays to keep flags extended. Torn or dirty flags shall be immediately replaced. ii. The warning signs are intended to be permanently mounted to the High Level Warning Device. These signs must be approved by the proper authorizing agency. When required, all signs must be provided, installed and maintained by the Contractors. No signs or supports shall bear any commercial advertising. These warning signs shall be high visibility orange material with black lettering. iii. High Level Warning Devices shall be used where indicated by the Director, such as, at street approaches to locations where construction or maintenance work is being performed within or immediately adjacent to a traffic lane. e. Signs shall be installed immediately before work is to commence and must be removed immediately after work is complete. The location of the signs will depend upon alignment, grade, location of street intersections, and posted speed limit. Signs shall face and be visible to oncoming traffic and be mounted so as to resist displacement. The center of the warning sign shall be at least 4 1/2 feet above the roadway. The Advance Warning signs shall be located on the right hand side of traffic lanes. On divided roadways, supplemental Advance Warning signs shall be placed on the divider. 18) Contractor's Field Staff: a. Contractors shall furnish sufficient supervisory and working personnel capable of promptly accomplishing all work on schedule and to the satisfaction of the Director. b. Contractors shall have competent field supervisors furnished with a cell phone, who may be working supervisors, on the job at all times work is being performed who are capable to communicate effectively both in written and oral English, and discuss matters pertaining to this contract. Supervisors must be able to demonstrate to the satisfaction of the Director that they possess adequate technical Maintenance Services Agreement 179 Page 35 of 46 Authorized for Use 11.15.16 background. Adequate and competent supervision shall be provided for all work done by the Contractor's employees to ensure accomplishment of high quality work which will be acceptable to the Director. Any order or communication given to the supervisor shall be deemed as delivered to the Contractor. Contact information for the Supervisor shall be provided to the City. c. Contractors, and their employees, shall conduct themselves in a proper and efficient manner at all times and shall cause the least possible annoyance to the public. The Director may require a Contractor to remove from the work site any employee(s) deemed careless, incompetent, or otherwise objectionable, whose continued employment on the job is considered to. be contrary to the best interest of the City of South Pasadena. d. Contractors shall require each of their employees to wear basic public works working uniform with clear identification. These are basically proper boots, and other gear required by State Safety Regulation, and proper wearing of the clothing. Shirts shall be worn and buttoned at all times; safety vests are required when indicated by the Work Area Traffic Control Handbook, or the Director. e. The Director may require the Contractors to establish an identification system for personnel assigned to service this Agreement which clearly indicates to the public the name of the Contractor responsible for the tree maintenance services. The identification system shall be furnished at the Contractor's expense and may include appropriate attire and/or name badges as specified by the Director. 19) Contractor's Office Staff: a. Contractor shall have a responsible person(s) with the ability to take necessary action regarding all inquiries and/or complaints received from the City of South Pasadena or the Director. i. This person(s) shall be reachable twenty-four (24) hours per day. ii. An answering service shall be considered an acceptable substitute to full-time coverage, outside of prescribed working hours, provided the Contractors are notified of any communication within one (1) hour after receipt of said communication. iii. The telephone number(s) of the Contractor or responsible person(s) of the Contractor shall be a toll -free number for the City of South Pasadena. iv. During normal working hours, the Contractor and/or supervisors, who are responsible for providing tree maintenance services, shall be available for notification through pager, cellular telephone and/or radio communication. Maintenance Services Agreement 180 Page 36 of 46 Authorized for Use 11.15.16 20) Storage Facilities: The City of South Pasadena shall not provide any storage facilities for the Contractor. 21) Signs: a. Contractors shall not post signs or advertising matter upon the areas under maintenance or improvements thereon, unless prior written approval is obtained from the Director. b. Contractors shall, at all times, remove all unauthorized signs and advertising matter from trees receiving maintenance. 22) Non -Interference: Contractors shall not interfere with the public use of the premises, and shall conduct their operations so as to offer the least possible obstruction and inconvenience to the public, nor disrupt the peace and quiet of the area within which the services are performed. 23) Parking: a. Contractors shall park their vehicles and equipment within designated parking areas or in such a location to insure normal vehicular traffic. b. The Contractor's vehicles and equipment shall not be parked or set in such a manner that they block pedestrian access or vehicular right-of-way except as required to comply with all safety standards of OSHA or CAL -OSHA. c. The City of South Pasadena will not allow the Contractor to park or store any equipment or materials, used in the performance of this contract, in the City right- of-way or on City property. 24) General Clean-up: a. The Contractor shall promptly clean all job sites when work is completed, including the raking of leaves, twigs, and other debris generated from their operation, from the lawn, sidewalk and parkway and sweep the street. b. Each day's scheduled work shall be completed and cleaned up prior to the Contractor vacating the work site. Under no circumstances shall any brush, leaves, debris or equipment be left on the street overnight. Maintenance Services Agreement 181 Page 37 of 46 Authorized for Use 11.15.16 25) Aerial Utilities: a. Contractor shall trim limbs a minimum of five (5) feet from street lights. b. Contractor shall comply with Standards of CAL OSHA and the American National Standard Institute, Z133.1-1988, Safety Requirements. c. The Contractor shall exercise precautions as necessary when working adjacent to aerial utilities. In the event that aerial utility wires present a hazard to the Contractor's personnel or others near the work site, work is to immediately cease and the appropriate utility company .notified. Work shall then commence in accordance with instructions from the utility company. 26) Temporary "No Parking" Signs: a. During tree services, the contractor shall post "No Parking" signs forty eight (48) hours in advance of commencing work and they shall be placed at regular intervals 150 feet in advance and 150 feet beyond the restricted area. b. All costs for furnishing, posting and maintaining temporary "No Parking" signs shall be included in the various bid items and the Contractor shall be awarded no additional compensation for performing this function. c. "No Parking" signs shall be supplied by the Contractor and be constructed as follows: i. Minimum size nine inches (9") by twelve inches (12"). ii. Color shall be red on white background. iii. Markings and materials will be suitable so as to withstand exposure to inclement weather. iv. Lettering size shall be a minimum of half inch in height. v. Sign shall be approved by the Director prior to placement. d. The following information will appear on each posted "No Parking" sign: i. "Temporary No Parking", "Tow Away", "By Order of the Police Department". ii. Date(s) sign is in effect. Maintenance Services Agreement 182 Page 38 of 46 Authorized for Use 11.15.16 iii. Time period sign is in effect. iv. Reason for posting (i.e. Tree Trimming, Tree Removal, Tree Planting, etc.). v. Date and time the sign was posted. e. Signs shall be posted conspicuously so as to allow unobstructed visibility of oncoming traffic and to the operators of vehicles parked in the restricted areas. f. Signs shall not be posted more than fifty feet (50') apart. g. Signs shall not be posted on private property. h. Signs shall be posted within the parkway area or as close to the roadway as practical. i. Signs shall be posted at the height so as to be visible over parked vehicles, but not higher. j. Signs shall be securely fastened but in such a manner as to not damage the item to which they are affixed. k. Signs may be posted on any standard or tree within the parkway, except that in the absence of such items, signs may be attached to traffic barricades. 1. Signs must be removed after tree services are completed. 27) Removal of Brush, Debris and All Equipment: It shall be the responsibility of the Contractor to ensure that the street, parkway, sidewalk, and slope areas of all property shall be left free of debris and equipment. This includes, but is not limited to cones, signs, dumpsters, safety devices, and all heavy and light equipment and vehicles, which shall be removed at the close of each day's operation. With the exception of the actual work performed, all sites shall be in their original condition at the conclusion of each working day. An exception to this paragraph is if the homeowner desires that the wood be cut up and left in the parkway. If this is the case, Contractor will cut up wood and stack in parkway. 28) Emergency Calls for Tree Services: a. The Contractor is required to respond on an on -call basis for emergency work such as downed trees and branches. Emergency work may occur twenty-four (24) hours a day, seven (7) days a week including weekdays, weekends, and holidays. Maintenance Services Agreement 183 Page 39 of 46 Authorized for Use 11.15.16 b. The Contractor shall have the capability to receive and to respond immediately to call of an emergency nature during normal working hours and during hours outside of normal working hours. Calls of an emergency nature received by the City shall be referred to the Contractor for immediate disposition. c. The Contractor shall have the duty to respond to emergency calls within two (2) hours from time of notification. d. Contractor must designate a person within their company who will respond to emergency calls twenty four (24) hours a day. e. Contractor shall submit telephone number(s) to the City that can be used to obtain emergency service on a twenty four (24) hour basis. The Contractor's name and telephone number will also be listed with the Police Department. f. Upon arriving at any emergency situation it shall be the responsibility of the Contractor to eliminate all unsafe conditions that would adversely affect the health, safety or welfare of the public. g. Failure to respond within two (2) hours of attempt to contact may result in a $200 penalty per incident. Failure to respond to an emergency at any level will subject Contractor to any primary or secondary cost arising from said emergencies. 29) Consulting Arborist Services and Inspections: a. Contractor shall have a Consulting Arborist on staff that is a ISA Certified Arborist. b. The. Contractor's Consulting Arborist shall provide and tree assessments, inspections, appraisals, surveys, and/or reports requested by the City representative at the approved hourly rates. The Consulting Arborist shall follow all ISA guidelines. c. Contractor shall provide one (1) hard copy and one (1) electronic copy of all tree assessments, inspections, appraisals, surveys, and/or reports requested by the City representative. The City will own all final documents. d. The City requires permits for residents to remove trees and trim trees. The Consulting Arborist, at the request of the City representative, may be required to perform the site inspections and confirm if the permit meets the requirements of Chapter 34 of the South Pasadena Municipal Code. All permit inspections and documentation will be performed at the approved hourly rates. Maintenance Services Agreement 184 Page 40 of 46 Authorized for Use 11.15.16 e. The City has the right to receive a second opinion from another ISA Certified Arborist on the documents submitted by the Contractor. 30) Extraordinary Services: a. Contractors may be responsible for providing extraordinary tree maintenance services: i. Extraordinary tree maintenance shall include answering emergency calls as required. Contractors shall respond to an emergency call within two (2) hours. Contractors shall maintain a twenty four (24) hours per day on -call service for emergency calls. ii. The Contractor shall notify the Director of Public Works or their representative by telephone within twenty four (24) hours of any emergency extraordinary work that is performed. Non -emergency extraordinary work requires written approval before the work is performed. iii. Contractors shall be compensated for extraordinary work as defined in the Schedule of Compensation. b. In situations involving emergency repair work after normal work hours, Contractors shall dispatch qualified personnel and equipment to reach the site within two (2) hours. i. The Contractor's vehicle shall carry sufficient equipment to effect safe control of traffic. ii. When the work site Contractor arrives at the site, the Contractor shall set up traffic warning and control devices, if deemed necessary, and proceed to repair on a temporary/permanent basis. c. If a City Representative is still at the site when the Contractor arrives, the Contractor shall quickly evaluate the situation and discuss it with that responsible person. i. If the repair will take only a few minutes, the City Employee may stay to continue to direct traffic while the Contractor makes the repairs. ii. If the repair will take longer than the City Employee can wait, the Contractor shall immediately set up temporary traffic control devices and all other necessary warning devices and relieve the City Representative. Maintenance Services Agreement 185 Page 41 of 46 Authorized for Use 11.15.16 d. The following individuals or agencies may call an emergency at any time for extraordinary services involving emergency work: i. City Manager or their designee; ii. Public Works Director; iii. Community Services Director; iv. South Pasadena Police Department; and v. South Pasadena Fire Department Summary of South Pasadena Tree Inventor 11,287 Trees in the City Tree Inventory 10,029 Street and Median Trees 822 Vacant Tree Wells 468 Trees in City Parks 113 Trees at City Water Reservoirs (Two Water Reservoirs located outside of South Pasadena city limits: 1) Wilson Reservoir is located at 545 Adelyn Dr., San Gabriel, CA; and 2) Graves Reservoir is located at 2225 El Molino Ave., San Marino, CA.) Maintenance Services Agreement 186 Page 42 of 46 Authorized for Use 11.15.16 SUPPLEMENTAL INFORMATION • South Pasadena Municipal Code Chapter 34 — Trees and Shrubs: {http://www.codepublishing.com/CA/SouthPasadena/#! /SouthPasadena34.htm1) • South Pasadena Municipal Code Chapter 19A — Noise Regulations: !�)://www.codepi blishing.com/CA/SouthPasadena/#!/SouthPasadenal 9A.html f • South Pasadena Municipal Code Chapter 35, Article 35.41-35.43 — Hose Use: (http://www.codepublishing.com/CA/SouthPasadena/#!ISouthPasadena35.html#35.41) • City Observed Holidays: 1) January 1st: New Year's Day 2) 3rd Monday in January: Martin Luther King, Jr. Birthday 3) 3rd Monday in February: President's Day 4) Last Monday in May: Memorial Day 5) July 4th: Independence Day 6) 1st Monday in September: Labor Day 7) 2nd Monday in October: Columbus Day 8) November 1 lth: Veteran's Day 9) 4th Thursday in November: Thanksgiving Day 10) Friday after Thanksgiving 11) December 25th: Christmas Day If a holiday falls on a Saturday, the previous Friday shall be deemed the holiday. If a Holiday falls on a Sunday, the following Monday shall be deemed the holiday. Maintenance Services Agreement 187 Page 43 of 46 Authorized for Use 11.15.16 Exhibit B Payment for Services Contractor shall furnish all labor, materials, equipment and transportation, and to do all work required to complete the said work in accordance with the said Scope of Services for the unit prices named in the following schedule, with specific work determined by the City Public Works Director: Item No. Description Bid Item Price Al Grid or annual tree trimming $ 80.00 All trees (each) A2 Service Request Tree Pruning $60.00 0" to 6" each A3 Service Request Tree Pruning $120.00 7" to 12" (each) A4 Service Request Tree Pruning $180.00 13" to 18" (each) A5 Service Request Tree Pruning $260.00 19" to 24" each A6 Service Request Tree Pruning $320.00 25" to 30" (each) A7 Service Request Tree Pruning $400.00 3 1 " and Over (each) A8 Palm Tree Pruning $80.00 "Washingtonia Palm", any size (each) A9 Palm Tree Pruning $180.00 "Canary Is. Date Palm", any size (each) A10 Tree Removal and Stump Grinding $34.00 (per inch DBH) All Stump Grinding Only $11.00 (per inch DBH) Al2 Tree Removal Only $24.00 (per inch DBH) A13 Root Pruning $16.00 (per LF) Scheduled Work Crew A14 (3 Staff, Aerial Unit, Box Truck, Chipper, Chain $210.00 Saws & Misc. Equipment) (per hour) Regular Business Hours Maintenance Services Agreement 188 Page 44 of 46 Authorized for Use 11.15.16 Item No. Description Bid Item Price Emergency Response Crew (3 Staff, Aerial Unit, Box Truck, Chipper, Chain $300. A15 Saws & Misc. Equipment) (per hour) After Hours, Weekends & City Holidays Tree Planting (All Species) including Purchase & $145.00 A16 Planting of Tree, Tabs, Amendments & Stakes Twist (each) Brace, and 15 gallon w/ root barrier Tree Planting (All Species) including Purchase & 0 A17 Planting of Tree, Tabs, Amendments & Stakes Twist (each) (each) Brace, and 15 gallon w/out root barrier Tree Planting (All Species) including Purchase & $335.00 A18 Planting of Tree, Tabs, Amendments & Stakes Twist (each) Brace, and 24" Box w/ root barrier Tree Planting (All Species) including Purchase & $305.00 A19 Planting of Tree, Tabs, Amendments & Stakes Twist (each) Brace, and 24" Box w/ out root barrier Tree Planting (All Species) including Purchase & $800.A20 0 Planting of Tree, Tabs, Amendments & Stakes Twist each (each) ( Brace, and 36" Box w/ root barrier A21 Tree watering with Water Truck $70.00 (per hour) $120.00 A22 Consulting Arborist Services (per hour) A23 Tree Inventory Using GPS (outside of the above tree $3.00 services) (per tree site) A24 Crane (outside of the above tree services) $180.00 (per hour) A25 95-foot Aerial Tower (outside of the above tree $180.00 services) (per hour) Below are the hourly rates of Contractor's key personnel: Personnel Hourly rate Pest Control Advisor $120.00 Pest Control Applicator $100.00 (per hour) Sr. Tree Trimmer Tree Trimmer or Grounds person $70.00 Maintenance Services Agreement 189 Page 45 of 46 Authorized for Use 11.15.16 Below are the rates of Contractor's Plant Health Care Services: Description Unit rate Tree Canopy Spraying from the Ground Level $2.00 (Foliar hydraulic spraying of recommended material(per DBH Tree Canopy Spraying from an Aerial Tower $4.00 Foliar hydraulic spraying of recommended material)(per DBH) Insecticide or Fungicide Trunk Banding $5.00 (Trunkspraying of recommended material)(per DBH Plant Growth Regulator (PGR) Trunk Banding $2.00 (Trunk spray of the recommended material to (per DBH) regulate plantgrowth) Insecticide or PGR Soil Application (Cambistat) $4.00 (Recommended insecticide soil injection or drench (per DBH) material to regulate plantgrowth) Insecticide or Fungicide Soil Application $2.00 Soil applied drench of recommended material)(per DBH) Soil Injection Fertilization $3.00 (Soil applied drench of recommended material) (per DBH Soil Drenching Fertilization $2.00 Soil application of recommended material er DBH Trunk Injection (Insecticide/Miticide) $4.50 (Trunk injected recommended material) (per DBH) Trunk Injection (Fungicide) $4.50 (Trunk injected recommended material) (per DBH) Trunk Injection (Insecticide & Fungicide Combo) $8.00 (Trunk injected recommended material)(per DBH) Avermectin Class Insecticide Injection $6.00 (Recommended trunk injection of Emamectin (per DBH) benzoate active ingredient) Maintenance Services Agreement 190 Page 46 of 46 Authorized for Use 11.15.16 EXHIBIT D TREE INVENTORY MAP & TRIMMING SCHEDULE 191 15 c\I CITY OF VERNON -- - ---- - ----- -T. T.E- ------ EXHIBIT D TREE IT "A INVENTORY MAP & TRIMMING SCHEDULE --S211H STRE�W� Qam IT11- IT. T .-ET ... BIULEIIRD A ­NaN ­Y HALL lno V-N- -Ery UE .-E- T ---------- - -- T NNI A-H T Z A-H IA-RS Al-E TH ET .TREET z00 .T.E- .T.E- 70TI o o A .-E.T AlL.- A T �l .T-ET R, IT-T --TH .-EET o .T T-T STREET TREET T-T U LEGEND 1IT" IT111T -� ° a LoN�Lj -itl �407)) oP AVE ZL= t,.j'FO lk -.1... AIENU. GRID #2 355 CITY PROPERTY (ANNUALLY) (103) A 'A I SCALE IN FEET T 0930c= El 600 rou le & LlMqb _.t. -Al "'t-Ly ISo _j EXHIBIT E SCHEDULE OF COSTS 193 16 City of Vernon Urban Forest Management Services provided by West Coast Arborists, Inc. Summary of Estimated Charges February 1, 2019 YEAR NO. 1 Item No.1 Description Est. Qty. I Unit Unit Price I Ext. Price 1 Trim Indian Laurel Fig 180 Each $ 260.00 $ 46,800.00 2 Grid No. 1 355 Each $ 80.00 $ 28,400.00 3 City Government Buildings 62 Each $ 180.00 $ 11,160.00 4 City Housing 33 Each $ 180.00 $ 5,940.00 5 City Apartments 7 Each $ 180.00 $ 1,260.00 $ 93,560.00 YEAR NO. 2 Item No. Description Est. Qtv. I Unit I Unit Price I Ext. Price 6 Trim Indian Laurel Fig 7 Grid No. 2 8 City Government Buildings 9 City Housing 10 City Apartments YEAR NO. 3 180 407 62 33 7 Each Each Each Each Each $ $ $ $ $ 265.00 82.00 184.00 184.00 184.00 $ $ $ $ $ $ 47,700.00 33,374.00 11,408.00 6,072.00 1,288.00 99,842.00 Item No. Description Est. Qty. I Unit I Unit Price I Ext. Price 11 Trim Indian Laurel Fig 180 Each $ 270.00 $ 48,600.00 12 Grid No. 1 355 Each $ 84.00 $ 29,820.00 13 City Government Buildings 62 Each $ 187.00 $ 11,594.00 14 City Housing 33 Each $ 187.00 $ 6,171.00 15 City Apartments 7 Each $ 187.00 $ 1,309.00 $ 97,494.00 ADDITIONAL SERVICES - MISC. 16 Tree & Stump Removal (During Grid Pruning) 1 Dia. Inch $ 34.00 17 Stump Removal (During Grid Pruning) 1 Dia. Inch $ 24.00 18 Tree & Stump Removal (Mid -Year) 1 Dia. Inch $ 11.00 19 Root Pruning (Mid -Year) 1 Linear Foot $ 16.00 20 Tree Planting - 15-gal Wout RB 1 Each $ 120.00 21 Tree Planting - 15-gal with RB 1 Each $ 145.00 22 Tree Planting - 24" box w/out RB 1 Each $ 305.00 23 Tree Planting - 24" box with RB 1 Each $ 335.00 24 WateringTree watering services 1 Man Hour $ 70.00 25 Crew Rental with equipment 1 Man Hour $ 70.00 26 Emergency Work Call out 1 Man Hour $ 100.00 194 EXHIBIT F EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities. B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age. C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class. D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law. 195 17 EXHIBIT G LIVING WAGE PROVISIONS Minimum Living Wages: A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or $11.55 per hour without health benefits. Paid and Unpaid Days Off: Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or personal necessity, and an additional ten days a year of uncompensated time for sick leave. No Retaliation: A prohibition on employer retaliation against employees complaining to the City with regard to the employer's compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for back pay, treble damages for willful violations, and attorney's fees, or to compel City officials to terminate the service contract of violating employers. 196 18 City Council Agenda Item Report Agenda Item No. COV-98-2019 Submitted by: Vincent Rodriguez Submitting Department: Public Works Meeting Date: March 5, 2019 SUBJECT Approval of Master Encroachment Agreement No. 434 with Crown Castle Fiber, LLC Recommendation: A. Find that the approval of the Master Encroachment Agreement is exempt under the California Environmental Quality Act (CEQA), in accordance with CEQA Guidelines Section 15061 (b)(3), the general rule that CEQA only applies to projects, which have the potential for causing a significant effect on the environment.; and B. Approve Master Encroachment Agreement No. 434 between the City of Vernon and Crown Castle Fiber, LLC, in substantially the same form as submitted herewith; and C. Authorize the City Administrator to execute Master Encroachment Agreement No. 434 with Crown Castle Fiber, LLC with an effective date of March 5, 2019. Background: Crown Castle Fiber (Crown Castle), LLC. is a limited liability company, duly organized and existing under the laws of the State ofNew York and authorized by the Public Utilities Commission of the State of California, under its Certificate of Public Convenience and Necessity ("CPCN'), to provide resold and full facilities -based local exchange telecommunications services without having to obtain a franchise from the City or pay any fees in connection therewith Crown Castle has requested the City's permission to construct, install, and maintain a comprehensive network of Telecommunications Network Facilities within the Public Right -of -Way within the City, which work is within the scope of Crown Castle's CPCN. City staff has prepared a Master Encroachment Agreement between the City of Vernon and Crown Castle to establish the terms under which Crown Castle may encroach on the City's right-of-way and Crown Castle's options in the event of among other occurrences, removal (compelled by the City) or abandonment (voluntary done by Crown Castle) of its Facilities. The term of this agreement is for ten (10) years from the effective date unless sooner terminated and can be extended if both parties agree. The Master Encroachment Agreement is recommended to allow Crown Castle to continue to operate in the City of Vernon; however, Crown Castle must continue to apply for an encroachment permit every time they work and intend to install Telecomrn nication Network Facilities in the City's right-of-way. The City Attorney's Office has reviewed and approved the agreement as to form. Fiscal cal Impact: 197 As noted above, there are no fees associated with this Master Encroachment Agreement. Therefore, processing of the Master Agreement has no fiscal impact. However, prior to issuance of the pending permit as well as every permit thereafter; issuance, plan check, inspection and security deposit (bond) fees will be collected. ATTACHMENTS • 1. Master Encroachment Agreement No. 434 MASTER ENCROACHMENT AGREEMENT NO.434 MASTER ENCROACHMENT AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND CROWN CASTLE FIBER LLC FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE, AND OPERATION OF TELECOMMUNICATIONS NETWORK FACILITIES WITHIN THE PUBLIC RIGHT- OF-WAY This Master Encroachment Agreement for the Construction, Installation, Maintenance and Operation of Telecommunications Network Facilities Within the Public Right -of -Way ("Agreement") is entered into effective as of March 5, 2019 ("Effective Date") between the CITY OF VERNON, a California chartered City and municipal corporation of the State of California (the "City") and CROWN CASTLE FIBER LLC, a New York limited liability company, ("Permittee" and together with City, the "Parties" and each, a "Party"). NOW THEREFORE, the Parties do hereby agree to the following terms and conditions: RECITALS WHEREAS, Permittee is a limited liability company, duly organized and existing under the laws of the State of New York and authorized by the Public Utilities Commission of the State of California ("PUC") under its Certificate of Public Convenience and Necessity (No. U-6190-C ("CPCN") to provide resold and full facilities -based local exchange telecommunications services; and WHEREAS, Permittee seeks the City's permission to construct, install, and maintain a comprehensive network of Telecommunications Network Facilities (as defined herein) within the City's Public Right -of -Way (as defined herein) within the City, which work is within the scope of Permittee's CPCN. WHEREAS, City has the authority to regulate the terms and conditions for the use of the Public Right -of -Way for the construction, installation, maintenance, and operation of Telecommunications Network Facilities by telecommunications and video service providers through the issuance of Permits (as defined herein) and the authority to impose permit and other fees on Permittee in connection with its placement of Telecommunications Network Facilities in the Public Right -of -Way. WHEREAS, the purpose of this Agreement is to provide the general framework within which Permittee will apply for necessary Permits and install, move, and/or remove Telecommunications Network Facilities within the Public Right -of -Way within the corporate limits of the City. WHEREAS, Permittee has not submitted a detailed master plan to the City, showing comprehensively and in detail all of the locations in the City where it intends to install its Facilities. 199 Page 1 of 17 June 2017 NOW, THEREFORE, in consideration of the recitals and the mutual promises contained herein, the Parties agree as follows: DEFINITIONS City — Means the City of Vernon, a California chartered City and municipal corporation of the State of California, and includes the duly elected or appointed officers, agents, employees, and volunteers of the City of Vernon, individually or collectively. Telecommunications Network Facilities or Facilities — Means, without limitation, antennas, fiber optic cables, wires, lines, conduits, converters, splice boxes, cabinets, handholes, manholes, vaults, equipment or facilities, drains, surface location markers, waveguides, poles, towers, conductors, ducts, conduits, vaults, amplifiers, appliances, pedestals, or other associated conductors, converters, and related hardware, appurtenances, and related facilities to be used by Permittee to provide service or to be located by Permittee in any Public Right -of -Way of the City and used or be useful for the transmission of Telecommunications Services — all as described in more detail in any and all Permits. Laws — Means any order, certificate, judicial decision, statute, constitution, ordinance, resolution, rule, tariff, administrative order, or other requirement of any municipality, county, state, federal, or other agency having joint or several jurisdiction over the parties to this Agreement, in effect either at the time of execution of this Agreement or at any time during the location of the Facilities in the Public Right -of -Way including, without limitation, any regulation or order of an official entity or body. A reference to "Laws" shall include, without limitation, any lawful provision of the Vernon Municipal Code ("VMC") or any other City ordinance, resolution or regulation. Encroachment Code — Means the Code of the City of Vernon, Chapter 22, Article VI (Encroachments), Sec. 22.28 et seq., as may be amended from time to time. Permit — Means an individual encroachment permit, in substantially the same form as attached hereto as Exhibit A, obtained by Permittee from the City pursuant to an application filed in accordance with the requirements of the Encroachment Code. The term includes Prior Permits and Pending Permits as defined in the Recitals to this Agreement. The term does not include permits, agreements or other authorizations required to occupy City Property. Permittee — Means the Permittee named in the Preamble and its lawful successors or permitted assigns. Public Right -of -Way — Means the surface, the air space above the surface, and the area below the surface of the public streets, roads, sidewalks, lanes, courts, ways, alleys, boulevards, and similar places as the same now or may thereafter exist that are owned or controlled by the City, are dedicated to the use of the general public for street purposes, and are under the jurisdiction of the City. This term shall not include any property owned by any person or agency other than the City, except as provided by applicable Laws or pursuant to an agreement between the City and any person. This term shall not include any City Property. 200 Page 2 of 17 June 2017 City Property — Means any City -owned buildings, land or other property located outside of the Public Right -of -Way, and any City -owned infrastructure located within the Public Right - of -Way, including, without limitation utility poles, traffic light poles, wires, fiber-optic strands, conduit and street light poles. Telecommunications Services — Means services that Permittee is authorized to offer and/or provide through the Telecommunications Network Facilities pursuant to its CPCN and PUC decisions pertaining to telecommunications. Video Services — Means services provided pursuant to any applicable California Video Franchise Certificate issued by the PUC pursuant to the Digital Infrastructure and Video Competition Act and PUC decisions pertaining to video services, and in compliance with Chapter 15 of the VMC. 1. Limitations and Restrictions of Permit. 1.1 Subject to the provisions of this Agreement and all applicable Laws, City hereby allows Permittee and its employees, contractors, subcontractors, agents, representatives and permitted assigns to encroach upon City's Public Right -of -Way for the purpose of construction, installation, maintenance, location, movement, operation, placement, protection, reconstruction, reinstallation, relocation, removal, repair and replacement of the Telecommunications Network Facilities as described and shown in any applicable Permit, which by this reference is incorporated herein (the "Work"). Permittee hereby certifies that the descriptions and drawings submitted to the City to obtain any and all Permits are true, complete and accurate. This permission granted under this Agreement is not a permission to do any Work except as described in applicable Permits and is subject to the terms and conditions set forth in the Encroachment Code including but not limited to the requirement for prior review and approval of the City of each Permit, and the acceptance hereof shall evidence Permittee's agreement to all terms and conditions of said Encroachment Code and the additional conditions contained herein. In the event of a contradiction, conflict or inconsistency between the terms of the Agreement and any Permit, the terms of the Permit shall govern the Work to be performed under such Permit. 1.2 Permittee provides Telecommunications Services in California. If Permittee is authorized by the PUC to provide additional and/or alternative services, including but not limited to Video Services, and intends to offer such services to customers within the corporate limits of the City, Permittee shall give City as much advance written notice as practicable, up to and including three (3) months' prior notice, of its intent to change the service provided by way of the Telecommunications Network Facilities installed under this Agreement, and comply with the City's lawful requirements, including but not limited to Chapter 15 of the VMC. Permittee acknowledges that any expansion or changes in the regulatory authority over such services may, if mandated by law, require Permittee to enter into a new Agreement consistent with the requirements of a City ordinance regulating such services or the expansion or change in services, if such service changes fall under the lawful regulation, jurisdiction, and authority of City in accordance with Laws. 201 Page 3 of 17 June 2017 1.3 Permittee shall not commence any Work until Permittee has first obtained a permit ("Permit") to do so. Before Permittee shall be allowed to continue Work under the Pending Permits or be issued any new Permits, Permittee must submit: (i) a comprehensive master plan ("Master Plan") showing at a minimum the location and specific details (i.e., underground depth, above -ground height, etc.) of all Facilities presently installed within the City's limits and presently intended to be installed over the five-year period from the Effective Date; (ii) the appropriate documentation issued by the PUC, where applicable, showing that the intended Work under the specific Permit (or Pending Permit) is exempt from review under the California Environmental Quality Act ("CEQA"); and (iii) the Bond (as defined in Section 8). Within thirty (30) days of the end of each calendar year of the Term, Permittee shall provide an updated Master Plan, showing, to the extent applicable, any change to the Master Plan submitted in the prior calendar year. Permit applications and accompanying fees must be submitted and paid, respectively, in accordance with the provisions of City's policies, procedures, and rules. 1.4 Permittee is hereby given notice of existing state law, Sec. 4215 et seq., Chapter 3.1, Division 5, Title 1 of the Government Code, as amended by A.B. 73, effective January 1, 1990, which requires owners of underground facilities to join a regional notification center, e.g. Underground Service Alert ("USA"), which requires contractors to contact such a regional notification center prior to excavation; requires facility owners to mark their underground facilities when notified; and sets civil penalties for failure to comply therewith. Prior to construction, Permittee shall contact USA to verify the location of existing underground facilities. 1.5 Except as permitted by applicable Laws or this Agreement, in the performance and exercise of its rights and obligations under this Agreement, Permittee shall not interfere in any manner with the existence and operation of any and all public and private rights -of -way, sanitary sewers, water mains, storm drains, gas mains, poles, overhead and underground electric and telephone wires, streetlamps, traffic signals, cable television, and other telecommunications, utility, and municipal property without the approval of the owner(s) of the affected property or properties. In addition, and notwithstanding the foregoing, Permittee may not, without prior approval from the City, install any Facilities underneath any City sidewalk that runs parallel to a curb. 1.6 This Agreement is not a grant by the City of any property interest but is made subject and subordinate to the prior and continuing right of the City to use all the Public Right - of -Way in the performance of its duties, including, but not limited to, public use as a street and for the purpose of laying, installing, maintaining, repairing, protecting, replacing, and removing sanitary sewers, water mains, storm drains, gas mains, poles, overhead and underground electric and telephone wires, streetlamps, traffic signals, cable television, and other utility and municipal uses together with appurtenances thereof and with right of ingress and egress, along, over, across, and in said Public Right -of -Way. The preceding sentence shall not be construed to give City the right to damage or destroy Permittee's Telecommunications Network Facilities. 1.7 This Agreement is made subject to all easements, restrictions, conditions, covenants, encumbrances, and claims of title which may affect the Public Right -of -Way which are recorded in the public record or of which City notifies Permittee in writing on or before the date of this Agreement, and it is understood that Permittee, at its own cost and expense, shall 202 Page 4 of 17 June 2017 obtain such permission as may be necessary and consistent with any other existing rights. Notwithstanding the foregoing, no reference herein to a "Public Right -of -Way" shall be deemed to be a representation or guarantee by City that its interest or other rights to control the use of such property is sufficient to permit its use for such purposes, and Permittee shall be deemed to gain only those rights to use as are properly in City and as City may have the undisputed right and power to give. 1.8 The construction, installation, operation, maintenance, and removal of said Telecommunications Network Facilities shall be accomplished without cost or expense to City subject to reasonable approval of City in such a manner as not to endanger personnel or property, or unreasonably obstruct travel on any road, walk, or other access thereon within said Public Right -of -Way. 1.9 Term and Extension. The term of this Agreement shall commence as of the Effective Date, and shall continue until the earlier of (a) ten (10) years (the "Term") or (b) such time as the Agreement is terminated by either Party pursuant to the termination procedures set forth below in Section 7 of this Agreement. Not less than thirty (30) days prior to the expiration of the Term (unless earlier terminated pursuant to Section 7), either Party may provide written notice seeking to re -negotiate any provision of this Agreement or provide written notice to the other Party of non -renewal of the Agreement. If the Parties are re -negotiating the Agreement in good faith but cannot come to agreement prior to expiration of the Term, the Agreement shall expire on its own terms unless the Parties agree in writing to extend the Agreement as currently executed for an additional maximum period of one hundred eighty (180) days (the "Status Quo Extended Term"). If negotiations are not concluded and the Parties do not come to terms on a new agreement by the expiration of the Status Quo Extended Term, the Agreement shall expire and be terminated by its own terms. If the Parties come to terms on a new agreement prior to expiration of the Status Quo Extended Term, but the City is unable to obtain City Council approval prior to such expiration, the Status Quo Extended Term shall be extended to the date of City Council action on the new agreement, after which date, if City Council has approved the new agreement, it shall become effective. If neither Party provides written notice seeking to re- negotiate the Agreement or seeking non -renewal prior to the expiration of the Term pursuant to the terms of this Section 1.9, the Term of the Agreement shall automatically be extended for one additional period of five (5) years, and all other provisions of this Agreement shall remain intact. 2. No Interests in City Property or Public Right -of -Way. 2.1 No Right, Title or Interest. The permission granted hereunder shall not in any event constitute an easement on or an encumbrance against City Property or against the Public Right -of -Way. No right, title or interest (including franchise interest) in the Public Right -of - Way, or any part thereof, shall vest or accrue in Permittee by reason of this Agreement or the issuance of any Permit or exercise of any privilege given thereby. 2.2 Possessory Interest. The Parties agree that no possessory interest is created by this Agreement. However, to the extent that a possessory interest is deemed created by a governmental entity with taxation authority, Permittee acknowledges that City has given to Permittee notice pursuant to California Revenue and Taxation Code Section 107.6 that the use 203 Page 5 of 17 June 2017 or occupancy of any public property pursuant to this Agreement may create a possessory interest which maybe subject to the payment of property taxes levied upon such interest. Permittee shall be solely liable for, and shall pay and discharge prior to delinquency, any and all possessory interact taxes or other taxes levied against Permittee's right to possession, occupancy, or use of any public property pursuant to any right of possession, occupancy, or use created by this Agreement. 3. Compliance with All Laws. Permittee shall comply with all applicable federal, state and local laws at all times including but not limited to those issued by City and including but not limited to the Utility Users' Tax Ordinance of the City of Vernon, Chapter 5, Article VIII of the VMC. No repair or construction shall be performed except in accordance with the provisions of the Code pertaining to encroachments to the extent they are not in conflict with any paramount authority of the State or Federal Government. 4. Reservation of Rights. The City's agreement hereto is not a waiver of and is without prejudice to any right City may have under law to regulate, tax or impose fees or charges on Permittee (including, but not limited to fees or charges for attaching Facilities to City Property — whether such is in the Public Right -of -Way or not — and using City -generated power) or any right Permittee may have under the law to provide services through the Telecommunications Network Facilities pursuant to state or federal laws, rules or regulations, including but not limited to Public Utilities Code sections 7901 and 7901.1, Government Code section 65964.1 and section 253(c) of the Telecommunications Act of 1996. Permittee shall be subject to any taxes, fees or charges that the City lawfully imposes on the Telecommunications Network Facilities and Telecommunications Services in the future. Nothing herein shall affect in any way City's power or right to impose or collect any tax or fee on users or providers of the services to be provided by Permittee. Nothing herein is intended to impose regulations or conditions on Permittee that City is preempted from imposing by state or federal laws. 5. Work Standards; Repairs. 5.1 The Work shall be done in a good and skillful manner, subject to the supervision and reasonable satisfaction of City. Permittee's representative shall be physically present at any construction site at all times that construction or excavation is being conducted under this Agreement. Permittee's Work shall comply with all standards imposed by City law and be conducted with the least possible hindrance or interference to the Public Right -of -Way and City Property. 5.2 Permittee shall be responsible for any damage to City street pavements, existing utilities, curbs, gutters, sidewalks or to any private property or improvements, including but not limited to subsidence, cracking, erosion, collapse, weakening, or loss of lateral support, to the extent attributable to its installation, maintenance, repair or removal of its Telecommunications Network Facilities in Public Right -of -Way and shall repair, replace and restore in kind any such damaged facilities at its sole expense and to the reasonable satisfaction of City. 204 Page 6 of 17 June 2017 5.3 If Public Right -of -Way to be used by Permittee has preexisting installation(s) placed in said Right -of -Way, Permittee shall assume the responsibility to verify the location of the preexisting installation and notify City and any third party of Permittee's proposed installation. The cost of any work required of such third party or City to provide adequate space or required clearance to accommodate Permittee's installation shall be borne solely by Permittee. 5.4 Permittee shall be responsible for ensuring that the Work of employees, contractors, subcontractors, agents, representatives and permitted assigns is performed consistent with this Agreement and applicable Laws, and shall be responsible for all acts or omissions of such third parties including responsibility for promptly correcting acts or omissions. Permittee shall implement a quality control program to ensure that the Work is properly performed. This section is not meant to alter tort liability of Permittee to third parties. 6. Removal, Relocation and Abandonment. 6.1 Subject to the provisions of this Section 6, Permittee shall at its sole expense and without cost or expense to City, properly remove, relocate and/or abandon (in accordance with Section 6.6) any or all of the Telecommunications Network Facilities installed, used, and maintained under this Agreement if and when such Facilities may be deemed by City to be detrimental to the public health, safety, or welfare; are in conflict vertically and/or horizontally with any proposed City installation; interfere with any City construction project; or must be removed, relocated and/or abandoned due to any abandonment, change of grade, alignment or width of any street, sidewalk or other public facility by the City or other public agency, including the construction, maintenance, or operation of any other City underground or aboveground facilities including but not limited to any sewer, storm drain, conduits, streetlamps, traffic signals, gas, water, electric or other utility system, or pipes owned by City or any other public agency; provided, however, that Permittee shall not be required to bear the expense of a removal, relocation or abandonment requested under this Section 6.1 on behalf of, or for the benefit of, any private party unaffiliated with either Party. 6.2 If Permittee is required to remove, relocate or abandon (in accordance with Section 6.6) its Facilities pursuant to Section 6.1, City shall reasonably cooperate with Permittee to determine a mutually acceptable location on Public Right -of -Way where Permittee may relocate said Facilities. In the event Permittee relocates the Facilities to a new location as set forth in this Section 6.2, the terms of this Agreement will apply to the Work at the relocated Facilities unless the Parties agree otherwise. Permittee will be required to apply for a new Permit to conduct Work to relocate and re -install Facilities in the new location, the approval of which Permit shall not be unreasonably withheld. If the removal or relocation is caused by the City, then any Permit fees associated with such application shall be waived. 6.3 If Permittee is required to remove, relocate or abandon its Facilities pursuant to Section 6.1, such removal, relocation or abandonment (in accordance with Section 6.6) shall be completed within ninety (90) days of written notice delivered by City unless exigencies dictate a shorter period for removal, relocation and/or abandonment, and such shorter period is stated in 205 Page 7 of 17 June 2017 the written request (the "RRA Notice Period"). The RRA Notice Period shall be no less than thirty (30) days, subject to permitting and agency approvals. 6.4 If removal or relocation cannot reasonably be accomplished within the RRA Notice Period or the Parties agree in writing to a period longer than the RRA Notice Period, then Permittee shall commence such removal or relocation within the RRA Notice Period and thereafter continue the same diligently until completion thereof. 6.5 If Permittee has not complied with such written request for removal, relocation or abandonment within the RRA Notice Period or executed a written agreement to extend the RRA Notice Period within the RRA Notice Period, then, on the first business day immediately following the last day of the RRA Notice Period, City may cause the removal, relocation or abandoning work to be done at Permittee's sole cost and expense and, in the case of relocation, may use its sole discretion to determine a new location for the Facilities. Under such circumstances, City shall only be obligated to perform such work in a manner consistent with the standard practices of City in performing street work and construction. City shall not be obligated to repair or replace any materials or improvements in a form or manner consistent with any applicable Permit or any plans and specifications submitted by Permittee, and City shall not be responsible for any damages whatsoever to Permittee as a result of City performing such work, unless City performs such work in a grossly negligent or reckless manner. 6.6 If any portions of the Facilities covered under this Agreement are no longer used by Permittee, or are abandoned for a period in excess of one (1) year, Permittee shall notify City and shall either promptly vacate and remove the Facilities at its own expense or, with City's permission, may abandon some or all the Facilities in place. After such removal or abandonment, Permittee shall have no further obligations to the City and no further rights to the Facilities. Under such circumstances, Permittee shall cooperate in good faith to execute any documents necessary to convey title to the Facilities to the City. 6.7 In the event Permittee removes, relocates or abandons its Facilities or any portion thereof, it shall be so completed consistent with all requirements of the Vernon Municipal Code as it may be amended from time to time, including but not limited to Encroachment Code sections 22.37-2 and 22.77. Should Permittee remove the Facilities from the Public Right -of - Way, Permittee shall, within ten (10) days after such removal, give notice thereof to City specifying the Public Right -of -Way affected and the location thereof as well as the date of removal. Before proceeding with removal or relocation work, Permittee shall obtain a Permit from the City. 7. Termination, Default and Remedies. 7.1 Permittee may terminate any and all Permits at any time for cause or for no cause at all, and the City may terminate any and all Permits for cause only, by delivering thirty (30) days' written notice of said termination to the other Party. Such termination by Permittee shall not relieve it of any obligation to the City regarding any existing breach of any Permit or this Agreement. 206 Page 8 of 17 June 2017 7.2 Within ninety (90) days after termination pursuant to Sections 7.1 or 7.4, Permittee shall remove its Facilities from the Public Right -of -Way and repair and restore such Right -of -Way to ameliorate all effects caused by such removal, except that Permittee shall not be responsible for damage resulting from normal wear and tear, acts of God, and natural disasters. Notwithstanding such termination, Permittee's obligations under the following sections of this Agreement shall survive the termination of this Agreement: Sections 3, 5.3, 6.7, and 7.8. 7.3 In the event that Permittee fails to use the Public Right -of -Way under this Agreement and any Permit for a consecutive period of six (6) months from the Effective Date, regardless of whether such Facilities have been installed, the City may notify Permittee in writing of its intent to terminate the Agreement and any Permit due to abandonment. If Permittee does not respond to said notice within thirty (30) days of delivery, the City shall have the right, at its sole discretion, to declare this Agreement and any Permit terminated by abandonment. 7.4 In the event Permittee defaults, or fails to keep, fulfill or perform any of the terms or conditions of this Agreement or any Permit and fails to remedy such default within forty five (45) days after delivery of written notice from the City of such default or failure, or, if such cure cannot reasonably be completed within said forty five (45) days, Permittee fails to commence such cure and thereafter diligently continue to cure the default until completion thereof, the City may provide written notice of termination of this Agreement and any and all Permits. Upon such termination, this Agreement and any and all Permits shall be cancelled, and all of the rights and privileges of Permittee under the Agreement and any Permit shall be deemed surrendered. 7.5 Notwithstanding the notice and cure periods set forth in Sections 6.3, 6.6, 7.3 and 7.4, in the event that the City finds that the Telecommunications Network System poses an imminent threat to the public health, welfare and safety, the City shall so notify Permittee in writing and may, without providing Permittee an opportunity to cure, take immediate steps to mitigate the threat, including but not limited to removal and relocation of the Facilities, the actual, reasonable, and documented cost of such work to be borne solely by Permittee. The Parties agree to attempt in good faith to work cooperatively with one another to neutralize and mitigate any threat to public health, welfare and safety caused by or exacerbated by the Facilities. 7.6 Failure on the part of any Party to comply with the terms and conditions of this Agreement, including but without limitation Permittee's representation that the CPCN is valid and has not been terminated, revoked or abandoned, and the Work and operation of the Facilities is within the scope of the CPCN, shall constitute a default and material breach of this Agreement. Each Party shall be entitled to exercise all rights and remedies in the event of a breach, including, in the case of a default and material breach by Permittee, the City's right, at its sole discretion, to withhold issuance of any new Permits and/or commence administrative enforcement proceedings against Permittee pursuant to Chapter 1 of the VMC. 7.7 Upon termination for any reason, the City may require Permittee to remove the Facilities and restore the Public Right -of -Way and City Property according to the requirements of the Permit and the Code. Under such circumstances, sections 6.5 and 6.7 shall apply. If, 207 Page 9 of 17 June 2017 within ninety (90) days of termination, the Permittee does not remove the Facilities pursuant to section 7.2, the Facilities shall be deemed conveyed to the City and Permittee shall have no further obligation to remove, relocate, or maintain the Facilities and no further right to control or use the Facilities. Upon the Facilities being deemed so conveyed to the City, Permittee shall take all necessary steps, including but not limited to executing any necessary documents, to transfer ownership of the Facilities to the City. 7.8 Upon expiration or termination for any reason, Permittee shall remain liable for any amount due under the Agreement, which obligation to pay shall survive any termination of this Agreement. Anything herein to the contrary notwithstanding, the provisions of the Agreement relating to indemnification and any other provisions which by their nature should survive termination or expiration of this Agreement, shall so survive. 8. Performance Bond. 8.1 Prior to issuance of the first Permit after the Effective Date, Permittee shall file with and shall thereafter at all times during the remaining term of this Agreement and any and all Permits keep on file with the City a performance bond, in a form that shall be reasonably approved by the City and under any and all circumstances in compliance with California Code of Civil Procedure Section 995.660(a), as it may be amended from time to time, naming the City as obligee in an amount equal to approximately one hundred percent (100%) of the total cost of removal of the Facilities, including but not limited to those Facilities already installed under the Prior Permits and the Pending Permits (as reasonably approved by the City and as may be increased or decreased from time to time with approval of the City, the "Bond"), to guarantee and assure the faithful performance of Permittee's obligations under this Agreement. Within thirty (30) days of the end of each calendar year of the Term, Permittee shall, after consultation with City, increase the amount of the Bond by approximately one hundred percent (100%) of the total cost of removal of any added Facilities during the prior calendar year. The City shall have the right to draw against the Bond, only in the event of a default by Permittee that results in an unauthorized abandonment of the Facilities; provided that Permittee is first given written notice of any intent to draw against the Bond and an opportunity to cure, and only to the extent of the actual cost of removal of any Facilities that are abandoned by Permittee without the City's permission or otherwise not in accordance with Sections 6.5 and 6.6. Upon such withdrawal from the Bond, the City shall provide notice to Permittee of the amount withdrawn and the date thereof. Thirty (30) days after the City's delivery of notice of the Bond withdrawal authorized herein, Permittee shall deposit such further bond, or other security, as the City may require, which is sufficient to meet the requirements of this Agreement. Any portion of the Bond that is not drawn upon by the City as reimbursement for actual costs of removal of the Facilities shall be released and refunded to Permittee upon written notice by the City to the surety and Permittee. 8.2 The Bond shall be accompanied by a power of attorney from the surety company authorizing the person executing the Bond to sign on behalf of the Permittee. If the Bond is executed outside the State of California, all copies of the Bond must be countersigned by a California representative of the surety. The signature of the Permittee's representative executing the Bond shall be acknowledged by a Notary Public as the signature of the person designated in the power of attorney. Page 10 of 17 June 2017 9. Hold Harmless and Indemnification. 9.1 Permittee, for itself, its agents, contractors and employees, shall defend, indemnify and hold harmless the City, its duly elected and appointed officers, agents, employees, and representatives from and against any and all suits and causes of action, claims, charges, damages, demands, judgments, fines, costs and expenses including without limitation reasonable attorneys' fees, and penalties or losses of any kind or nature whatsoever, arising out of this Agreement and any Permit, except to the extent arising from the City's or its officers', agents', employees' or representatives' negligence, willful misconduct or criminal act. 9.2 This indemnification shall include without limitation: (1) claims for injury to or death of any person; (2) property damage; (3) performance or failure to perform the obligations under this Agreement and any Permit by Permittee, or its contractors, subcontractors, agents, employees, or other persons acting on Permittee's behalf; (4) the design, placement, maintenance, repair, or condition of the Facilities; (5) all claims, demands, damage, causes of action, proceedings, loss, liability, costs and expenses (including reasonable attorneys' fees) of any kind alleging injury to or death of persons or damage to public or private property including environmental damage that arises from or is directly attributable to, the Facilities or any release, remediation, and/or clean-up costs caused by any release of hazardous materials or contaminants from the Facilities during operations and/or after abandonment; and (6) all other claims of any nature whatsoever which may arise directly or indirectly from the Work, except and to the extent caused by the City's sole negligence, willful misconduct or criminal acts. 9.3 In the event that the City or any of its duly elected or appointed officers, agents, employees or representatives shall be made a party to any action due to Permittee's violation of this Agreement or any Permit or any federal, state or local laws including but not limited to Section 4 of this Agreement, Permittee shall indemnify, defend (with legal counsel acceptable to City) and hold the City harmless from any and all such claims. 9.4 Permittee, for itself and its successors and assigns, hereby waives all claims and causes of action, whether now existing or hereafter arising, against the City or its duly elected or appointed officers, agents, or employees, for damages, physical or otherwise, to any of the Facilities covered by this Agreement from any cause whatsoever. 9.5 The provisions of this Section 9 shall apply regardless of whether the City prepared, supplied, or approved plans or specifications or inspected any of the Work or improvements installed and constructed pursuant to this Agreement and any Permit. 10. Limits of City Liability. 10.1 In no event shall the City be liable under any theory to Permittee for any damage to the Facilities caused by any excavation or work performed by any other persons or by City at or near the location of the Facilities. Neither Party shall be liable, under any theory, to the other Party, for any indirect, special punitive or consequential damages including, but not limited to, 209 Page 11 of 17 June 2017 any claim for loss of services, lost revenue or profits or third -party damages. 10.2 Nothing in this Agreement shall be deemed to make the City or any officer or employee of the City responsible or liable to Permittee or any other person by reason of the City's approval of plans for the Work or by reason of any inspections of the Facilities conducted by the City, except and to the extent caused by the City's negligence, willful misconduct or criminal acts. 11. Insurance. 11.1 Permittee shall assume all responsibility for damages to property or injuries to persons, including accidental death, which may arise from or be caused by Permittee's performance under this Agreement and any Permit, or by anyone Permittee has directly or indirectly employed, and whether such damage or injury shall accrue or be discovered before or after termination of this Agreement and Permit except and to the extent caused by the City's negligence, willful misconduct or criminal acts. 11.2 Prior to the issuance of any Permit, Permittee shall be required to secure and keep in full force and effect at all times during the term of this Agreement and any Permit, a policy or policies of commercial general liability, automobile liability insurance and such other insurance as the City may from time to time require, written by a company or companies authorized to do business within the State of California and with a current A.M. Best rating of at least A-: VIII approved by the City. Said policies shall name the City of Vernon, its duly elected or appointed officers, agents, and employees as additional insureds, under the policies in the following amounts which may be adjusted from time to time to reflect changes of circumstances and the rate of inflation: (a) Commercial General Liability Insurance in an amount of Two Million Dollars ($2,000,000) per occurrence combined single limit covering bodily injuries, including accidental death, to any one or more persons and property damage, Four Million Dollars ($4,000,000) general aggregate and waiver subrogation endorsement. (b) Commercial Automobile Liability Insurance endorsed for all owned and non -owned vehicles with a combined single limit of at least Two Million Dollars ($2,000,000) per occurrence for personal injuries, including accidental death, to any one or more persons; and for property damage. Waiver of subrogation endorsement is required. 11.3 Claims made policies are not acceptable. When an umbrella or excess coverage is in effect, it must follow the form of or at least be as broad as the underlying coverage. 11.4 All policies shall contain a "Severability of Interest" clause and a "Primary Coverage" clause for any loss arising from or caused in whole by Permittee's performance under this Agreement and any Permit. In addition, all policies shall contain a statement of obligation on the carrier's part to notify the City at least thirty (30) days in advance of any policy cancellation by the insurer except for non-payment of premium, of coverage. 210 Page 12 of 17 June 2017 11.5 Prior to the issuance of any Permit and on an annual basis, Permittee shall furnish the City with a "certificate of insurance" and an "additional insured endorsement," both documents countersigned by the insurance carrier or its authorized representative. The countersigned certificate(s) or endorsement(s) (to the extent applicable), shall: (a) Contain the following information: (i) Policy number; (ii) Name of insurance company; (iii) Name, address and telephone number of the agent or authorized representative; (iv) Name and address of insured; (v) Project name and address; (vi) Policy expiration date; and (vii) Specific coverage amounts. (b) Include that The City of Vernon, its duly elected or appointed officers, agents, and employees are named as additional insureds under the policies required herein. This insurance is primary to the coverage of the City. Neither the City nor any of its insurers shall be required to contribute to any loss. The policies required herein contain a severability of interest clause. The issuing company shall deliver to the City thirty (30) days' advanced written notice of any policy cancellation by the insurer except for non-payment of premium. PERMITTEE SHALL FURNISH THE REQUIRED CERTIFICATE(S) OF INSURANCE AND ENDORSEMENT(S) BEFORE THE CITY ISSUES THE FIRST PERMIT AND EXECUTES THIS AGREEMENT. 11.6 Permittee shall secure and maintain at all times during the term of this Agreement workers' compensation and employer's liability insurance, as required by state law, but at least in an amount not less than One Million Dollars ($1,000,000) per accident. Permittee shall furnish the City with a certificate showing proof of such coverage. 11.7 In the event Permittee employs contractors or subcontractors as part of the Work covered by this Agreement, it shall be the responsibility of Permittee to ensure that all contractors or subcontractors comply with substantially similar insurance requirements that are stated in this Agreement; provided, however, that under no circumstances shall any contractor or subcontractor have insurance policies with limits less than those required of Permittee under Sections 11.2(a), 11.2(b) and 11.6. 12. General Conditions. 12.1 Any right or power conferred, or duty imposed upon any officer, employee, department or commission of the City, shall be subject to transfer by operation of law to any 211 Page 13 of 17 June 2017 other officer, employee, department or commission of the City. 12.2 Permittee agrees to keep its Telecommunications Network Facilities and the Public Right -of -Way in good and safe condition and free from any nuisance, to the reasonable satisfaction of the City. 12.3 The permission to use the Public Right -of -Way provided under this Agreement and any Permit is non-exclusive. The grant of any Permit or any of the terms or conditions contained herein shall not be construed to prevent the City from granting similar permits and/or licenses or any identical, similar or other type of license or franchise to use the Public Right -of - Way to any person, firm or corporation other than Permittee. 12.4 This Agreement and any Permit are not intended for any third party's benefit and cannot be enforced by any third party. 12.5 This Agreement and any and all Permits shall be governed by the laws of the State of California, without regard to its conflict of laws principles. 12.6 This Agreement and any and all Permits issued to Permittee contain the entire understanding between the Parties with respect to the subject matter herein. There are no representations, agreements or understandings (whether oral or written) between or among the Parties relating to the subject matter of this Agreement that are not fully expressed herein. This Agreement may not be amended except pursuant to a written instrument signed by all Parties. 12.7 No provision herein made for the purpose of securing performance of the terms and conditions of this Agreement and any Permit shall be deemed an exclusive remedy, or to afford the exclusive procedure for the enforcement of the Agreement's or any Permit's terms and conditions, but the remedies and procedures herein provided, in addition to those provided by law, shall be deemed to be cumulative. 12.8 No rights and duties under this Agreement or any Permit shall be assigned or delegated by Permittee without the prior written approval of the City, which approval shall not be unreasonably withheld. Notwithstanding any provision in this Agreement to the contrary, Permittee shall have the right to assign this Agreement without the City's consent to any parent, subsidiary, affiliate, or any person, firm, or corporation that shall control, be under the control of, or be under common control with Permittee, or to any entity into which Permittee may be merged or consolidated or which purchases all or substantially all of the assets of Permittee that are subject to this Agreement; provided, however, that in the event of such assignment, Permittee shall provide within thirty (30) days of such assignment (a) written notice to the City, specifically identifying (i) the name of the assignee; (ii) its corporate form (e.g., corporation, limited liability company, etc.); (iii) its place of incorporation or organization; (iv) its CPCN number; (v) the name, title, address, telephone number and e-mail address of the appropriate person for notice purposes if different from that set forth in Section 12.12 below; and (vi) the assignee's relationship to Permittee; (b) a copy of the assignee's CPCN; and (c) a copy of any document memorializing such assignment. To the extent Permittee desires to maintain the confidentiality of such document, the City will execute a separate confidentiality agreement. 212 Page 14 of 17 June 2017 12.9 A waiver by the City of any breach of any term, covenant, or condition contained in this Agreement and any Permit shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement or any other Permit whether of the same or different character. 12.10 If any action at law or in equity is brought to enforce or interpret the terms of this Agreement or of any Permit, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled. 12.11 If any one or more of the covenants or agreements or portions thereof provided in this Agreement or any Permit shall be held by a court of competent jurisdiction in a final judicial action to be void, voidable, or unenforceable, such covenant or covenants, such agreement or agreements, or such portions thereof shall be null and void and shall be deemed separable from the remaining covenants or agreements or portions thereof and shall in no way affect the validity or enforceability of the remaining portions of this Agreement or of any Permit. 12.12 All notices herein must be in writing and, unless otherwise provided herein, shall be deemed validly given on the date either personally delivered to the address indicated below, or on the date of receipt if delivered by commercial express carrier (e.g., FedEx, DHL, etc.) as confirmed by signature of the receiving Party, or on the third (3rd) business day following deposit, postage prepaid, using certified mail, return receipt requested, in any U.S. Postal mailbox or at any U.S. Post Office. Should the City or Permittee have a change of address, the other Party shall immediately be notified in writing of such change, provided, however, that each address for notice must include a street address and not merely a post office box. All notices, demands or requests between the Parties shall be given to the other Party addressed as follows: [This space left intentionally blank] 213 Page 15 of 17 June 2017 City: City of Vernon Department of Public Works Attn: Daniel Wall, Director of Public Works 4305 Santa Fe Avenue Vernon, CA 90058-1714 Phone: (323) 583-8811 Permittee: Crown Castle Fiber, LLC 2000 Corporate Drive Canonsburg, PA 15317 Attn: Ken Simon, General Counsel With a copy to: Crown Castle Fiber, LLC 2000 Corporate Drive Canonsburg, PA 15317 [Signatures Begin on Next Page] 214 Page 16 of 17 June 2017 IN WITNESS WHEREOF, the Parties have signed this Agreement as of the Effective Date stated in the introductory clause. City of Vernon, a California charter City Crown Castle Fiber, LLC, a New York and California municipal corporation limited liability company M. Carlos Fandino, City Administrator ATTEST: By: Name: Title: By: Name: Maria E. Ayala, City Clerk Title: APPROVED AS TO FORM: Brian Byun, Senior Deputy City Attorney Page 17 of 17 215 June 2017