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20201103 Regular City Council Meeting - Packet of Vpe Agenda City of Vernon �+{ Regular City Council Meeting Tuesday, November 03, 2020, 09:00 AM City Hall, Council Chamber 4305 Santa Fe Avenue Vernon, California Leticia Lopez, Mayor Melissa Ybarra, Mayor Pro Tern William Davis, Council Member Carol Menke, Council Member Diana Gonzales, Council Member THIS MEETING WILL BE CONDUCTED PURSUANT TO GOVERNOR NEWSOM'S EXECUTIVE ORDER N-29-20. The public is encouraged to view the meeting at http://www.cityofvernon.org/webinar-cc or by calling (408) 638-0968, Meeting ID 942-3520-8409#. You may submit comments to PublicComment(a)_ci.vernon.ca.us with the subject line "November 3, 2020 City Council Meeting Public Comment Item #_." Comments received prior to 8 a.m., Tuesday, November 3, 2020, will be read into the record. CALL TO ORDER FLAG SALUTE ROLL CALL APPROVAL OF THE AGENDA PUBLIC COMMENT At this time the public is encouraged to address the City Council on any matter that is within the subject matter jurisdiction of the City Council. The public will also be given a chance to comment on matters which are on the posted agenda during City Council deliberation on those specific matters. PRESENTATIONS 1. Finance/Treasury Presentation on City-wide Enterprise Resource Planning System Recommendation: No action required by City Council. This is a presentation only. Regular City Council Meeting Agenda Page 2 of 6 November 03, 2020 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. 2. City Council Approval of Minutes Recommendation: Approve the October 13, 2020 Special and the October 20, 2020 Regular City Council meeting minutes. 1. 20201013 Special City Council Meeting Minutes 2. 20201020 Regular City Council Meeting Minutes 3. Finance/Treasury Operating Account Warrant Register Recommendation: Approve Operating Account Warrant Register No. 55, for the period of October 4 through October 17, 2020, which totals $4,527,001 .04 and consists of ratification of electronic payments totaling $4,442,777.83, ratification of the issuance of early checks totaling $84,223.21 and voided Check No. 606307 totaling $2,875.32. 1. Operating Account Warrant Register No. 55 4. Public Works Public Works Department Monthly Building Report Recommendation: Receive and file the September 2020 Building Report. 1 . Public Works Department September 2020 Building Report 5. City Clerk April 13, 2021 General Municipal Election Recommendation: A. Adopt Resolution No. 2020-39 calling and giving notice of an all-mail ballot General Municipal Election to be held on Tuesday, April 13, 2021 for the election of a City Council Member as required by the provisions of the Charter of the City of Vernon; and B. Adopt Resolution No. 2020-40 requesting the Board of Supervisors of the County of Los Angeles to render specified services to the City relating the conduct of the General Municipal Election to be held on Tuesday, April 13, 2021 . 1. Resolution No. 2020-39 2. Resolution No. 2020-40 3. Resolution 2014-64 adopted October 21, 2014 Regular City Council Meeting Agenda Page 3 of 6 November 03, 2020 6. Police Department Loan Vehicle Use Agreement with National Insurance Crime Bureau Recommendation: Approve and authorize the Police Chief to execute a vehicle use agreement with the National Insurance Crime Bureau (NICB) for continued participation in the loan vehicle program. 1. 2021 NICB Nissan Altima Vehicle Use Agreement 7. Police Department Drug Enforcement Administration Agreement Recommendation: Approve and authorize the Police Chief to execute a Surge Program - Funded State and Local Task Force Agreement with the Drug Enforcement Administration (DEA), Los Angeles Field Division, for continued participation in the Southwest Border Initiative (SWBI) taskforce with an effective date of October 1, 2020. 1 . Surge Program - Funded State and Local Task Force Agreement with DEA 8. Public Utilities Supplemental Agreement with the Union Pacific Railroad Recommendation: Adopt Resolution No. 2020-41 approving and authorizing the execution of a Supplemental Agreement by and between the City of Vernon and Union Pacific Railroad Company to approve the City's intent to rebuild the existing overhead wireline crossing to 16.340kV. 1. Resolution No. 2020-41 9. Finance/Treasury Addendum to Professional Auditing Services Agreement with White Nelson Diehl Evans, LLP Recommendation: Approve and authorize the City Administrator to execute an addendum, in substantially the same form as submitted, to the current agreement with White Nelson Diehl Evans, LLP for professional audit services to reflect a name change for the firm. 1. Addendum to WNDE Contract for Professional Services 2. Notice of WNDE Name Change 10. Finance/Treasury Services Agreement with BLX Group LLC for Financial Advisory Services Recommendation: Approve and authorize the City Administrator to execute a services agreement with BLX Group LLC for Financial Advisory Services, in substantially the same form as submitted, in an amount not to exceed $600,000, for a three-year agreement effective November 3, 2020 for financial advisory services. 1. Financial Advisory Services Agreement with BLX Group LLC Regular City Council Meeting Agenda Page 4 of 6 November 03, 2020 NEW BUSINESS 11. Health and Environmental Control Department Greater Los Angeles County Vector Control District Annexation No. 2019-07 Recommendation: Adopt a Joint Resolution of the Board of Supervisors, as the Governing Body of the County of Los Angeles, the Consolidated Fire Protection District of Los Angeles County, the Los Angeles County Flood Control District, and the Belvedere Garbage Disposal District, and the Board of Directors of the Greater Los Angeles County Vector Control District, the Los Angeles County Sanitation District No. 1, the Los Angeles County Sanitation District No. 2, the Los Angeles County Sanitation District No. 23, and the Water Replenishment District of Southern California, and the City Council of Vernon, approving and accepting the negotiated exchange of property tax revenue resulting from Annexation No. 2019-07 to the Greater Los Angeles County Vector Control District. 1. Joint Tax Resolution 2. Resolution No. 2016-68 adopted December 15, 2016 3. LAFCO Application ORAL REPORTS City Administrator Reports on Activities and other Announcements. City Council Reports on Activities (including AB1234), Announcements, or Directives to Staff. CLOSED SESSION 12. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1) A. Bicent (California) Malburg LLC et al. v. City of Vernon et al., Los Angeles Superior Court Case No. 19STCV08859 and JAMS Reference No. 1100107175 B. City of Vernon v. Bicent (California) Malburg LLC Los Angeles Superior Court Case No. 19STCP02411 and JAMS Reference No. 1220062657 CLOSED SESSION REPORT Regular City Council Meeting Agenda Page 5 of 6 November 03, 2020 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 29t" day of October, 2020. By: �k�i+a� � Sandra Dolson, Administrative Secretary Regular City Council Meeting Agenda Page 6 of 6 November 03, 2020 Guide to City Council Proceedings Meetings of the City Council are held the first and third Tuesday of each month at 9:00 a.m. and are conducted in accordance with Rosenberg's Rules of Order (Vernon Municipal Code Section 2.1-1). Copies of all agenda items and back-up materials are available for review in the City Clerk Department, Vernon City Hall, 4305 Santa Fe Avenue, Vernon, California, and are available for public inspection during regular business hours, Monday through Thursday, 7:00 a.m. to 5:30 p.m. Agenda reports may be reviewed on the City's website at www.citvofvernon.org or copies may be purchased for $0.10 per page. Disability-related services are available to enable persons with a disability to participate in this meeting, consistent with the Americans with Disabilities Act (ADA). In compliance with ADA, if you need special assistance, please contact the City Clerk department at CityClerk@ci.vernon.ca.us or (323) 583-8811 at least 48 hours prior to the meeting to assure arrangements can be made. The Public Comment portion of the agenda is for members of the public to present items, which are not listed on the agenda but are within the subject matter jurisdiction of the City Council. The City Council cannot take action on any item that is not on the agenda but matters raised under Public Comment may be referred to staff or scheduled on a future agenda. Comments are limited to three minutes per speaker unless a different time limit is announced. Speaker slips are available at the entrance to the Council Chamber. Public Hearings are legally noticed hearings. For hearings involving zoning matters, the applicant and appellant will be given 15 minutes to present their position to the City Council. Time may be set aside for rebuttal. All other testimony shall follow the rules as set for under Public Comment. If you challenge any City action in court, you may be limited to raising only those issues you or someone else raised during the public hearing, or in written correspondence delivered to the City Clerk at or prior to the public hearing. Consent Calendar items may be approved by a single motion. If a Council Member or the public wishes to discuss an item, it may be removed from the calendar for individual consideration. Council Members may indicate a negative or abstaining vote on any individual item by so declaring prior to the vote on the motion to adopt the Consent Calendar. Items excluded from the Consent Calendar will be taken up following action on the Consent Calendar. Public speakers shall follow the guidelines as set forth under Public Comment. New Business items are matters appearing before the Council for the first time for formal action. Those wishing to address the Council on New Business items shall follow the guidelines for Public Comment. Closed Session allows the Council to discuss specific matters pursuant to the Brown Act, Government Code Section 54956.9. Based on the advice of the City Attorney, discussion of these matters in open session would prejudice the position of the City. Following Closed Session, the City Attorney will provide an oral report on any reportable matters discussed and actions taken. At the conclusion of Closed Session, the Council may continue any item listed on the Closed Session agenda to the Open Session agenda for discussion or to take formal action as it deems appropriate. City Council Agenda Item Report Agenda Item No. COV-398-2020 Submitted by: Scott Williams Submitting Department: Finance/Treasury Meeting Date: November 3, 2020 SUBJECT Presentation on City-wide Enterprise Resource Planning System Recommendation: No action required by City Council. This is a presentation only. Background: The Finance Director will present an overview of a citywide Enterprise Resource Planning (ERP) system and introduce the concept and design of an ERP system as a fully integrated solution for various City operations. The presentation will review the benefits and need for utilizing one integrated solution for various functions including finance, budget, human resources, land use, permitting, licensing, inspections, customer service and billing, inventory and asset management, as well as vendor and customer portals for bill pay and account access. The introduction and overview will facilitate an opportunity for discussion and questions regarding upcoming recommendations for major technology infrastructure improvements that will span every department within the City. Fiscal Impact: There is no fiscal impact associated with this item. Attachments: City Council Agenda Item Report Agenda Item No. COV-356-2020 Submitted by: Sandra Dolson Submitting Department: City Council Meeting Date: November 3, 2020 SUBJECT Approval of Minutes Recommendation: Approve the October 13, 2020 Special and the October 20, 2020 Regular City Council meeting minutes. Background: Staff has prepared and hereby submits the minutes for approval. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: 1. 20201013 Special City Council Meeting Minutes 2. 20201020 Regular City Council Meeting Minutes MINUTES VERNON CITY COUNCIL SPECIAL MEETING TUESDAY, OCTOBER 13, 2020 COUNCIL CHAMBER, 4305 SANTA FE AVENUE CALL TO ORDER Mayor Lopez called the meeting to order at 9:00 a.m. FLAG SALUTE Mayor Lopez led the flag salute. ROLL CALL PRESENT: Leticia Lopez, Mayor(via remote access) Melissa Ybarra, Mayor Pro Tern William Davis, Council Member Carol Menke, Council Member Diana Gonzales, Council Member STAFF PRESENT: Carlos Fandino, City Administrator Arnold Alvarez-Glasman, Interim City Attorney Scott Williams, Finance Director Jim Enriquez, Interim Fire Chief Michael Earl, Human Resources Director Anthony Miranda, Police Chief Sandra Dolson, Administrative Secretary APPROVAL OF THE AGENDA MOTION Mayor Pro Tern Ybarra moved and Council Member Davis seconded a motion to approve the agenda. The question was called and the motion carried unanimously. PUBLIC COMMENT None. Special City Council Meeting Minutes Page 2 of 3 October 13, 2020 NEW BUSINESS 1. Amendment No. 2 to the Memorandum of Understanding with the Vernon Professional Firefighters' Association,Local 2312 Recommendation: Adopt Resolution No. 2020-34 approving and authorizing the execution of Amendment No. 2 to the Memorandum of Understanding by and between the City of Vernon and the Vernon Professional Firefighters'Association, Local 2312. Human Resources Director Earl presented the staff report. In response to Council questions, Human Resources Director Earl explained review of the MOU by Ca1PERS and clarification of language from Service Adjustment Increase to Longevity. Mayor Pro Tern Ybarra suggested adding a footnote to the MOU based on Ca1PERS audit to ensure no additional money is owed to employees. MOTION Mayor Pro Tern Ybarra moved and Council Member Gonzales seconded a motion to: Adopt Resolution No. 2020-34 approving and authorizing the execution of Amendment No. 2 to the Memorandum of Understanding by and between the City of Vernon and the Vernon Professional Firefighters' Association, Local 2312 and directed staff to add a footnote to the Memorandum of Understanding to clarify the service adjustment increase as longevity pay per Ca1PERS. The question was called and the motion carried unanimously. ORAL REPORTS City Administrator Reports on Activities and other Announcements. City Administrator Fandino announced the upcoming Special Vernon Housing Commission meeting on October 14, 2020, and free flu vaccination on October 16 and 17, 2020. City Council Reports on Activities (including AB1234), Announcements, or Directives to Staff. None. Special City Council Meeting Minutes Page 3 of 3 October 13, 2020 CLOSED SESSION 2. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant exposure to litigation Government Code Section 54956.9(d)(2) Number of Potential Cases: I Facts and Circumstances: Interim City Attorney to provide oral statement prior to closed session pursuant to Government Code section 54956.9, subdivision (e)(2). Mayor Pro Tern Ybarra recused herself from discussion of Closed Session Item No. 2 due to personal reasons. Interim City Attorney Alvarez-Glasman announced that Council was discussing correspondence received on October 2, 2020 from Westford Law Group. RECESS Mayor Lopez recessed the meeting to Closed Session at 9:10 a.m. RECONVENE At 9:24 a.m., Mayor Lopez adjourned Closed Session and reconvened the regular meeting with all Council Members present. CLOSED SESSION REPORT Interim City Attorney Alvarez-Glasman reported that the Council, with Mayor Pro Tem Ybarra absent, met in Closed Session, discussed the item on the agenda, and took no reportable action. ADJOURNMENT Mayor Lopez adjourned the meeting at 9:25 a.m. LETICIA LOPEZ, Mayor ATTEST: LISA POPE, City Clerk (seal) MINUTES VERNON CITY COUNCIL REGULAR MEETING TUESDAY, OCTOBER 20, 2020 COUNCIL CHAMBER, 4305 SANTA FE AVENUE CALL TO ORDER Mayor Lopez called the meeting to order at 9:01 a.m. FLAG SALUTE Mayor Lopez led the Flag Salute. ROLL CALL PRESENT: Leticia Lopez, Mayor Melissa Ybarra, Mayor Pro Tern William Davis, Council Member Carol Menke, Council Member Diana Gonzales, Council Member STAFF PRESENT: Carlos Fandino, City Administrator Arnold Alvarez-Glasman, Interim City Attorney Lisa Pope, City Clerk Scott Williams, Finance Director Jim Enriquez, Interim Fire Chief Abraham Alemu, Public Utilities General Manager Fredrick Agyin, Health and Environmental Control Director Michael Earl, Human Resources Director Anthony Miranda, Police Chief Dan Wall, Public Works Director APPROVAL OF THE AGENDA MOTION Council Member Gonzales moved and Council Member Davis seconded a motion to approve the agenda. The motion carried unanimously. PUBLIC COMMENT Rosemary Vivero, Los Angeles County Fire Department Community Service Liaison, introduced herself. Regular City Council Meeting Minutes Page 2 of 6 October 20, 2020 PRESENTATIONS 1. Employee Service Pin Awards Recommendation: No action required by City Council. This is a presentation only. Human Resources Director Earl acknowledged Raymond G. De Nijs, Firefighter/Paramedic;Irene M. Castillo, Senior Account Clerk;Donald R. Quiroz,Electric Operations Supervisor, as recipients of the Employee Service Pin Awards. 2. Recognition of Jim Enriquez, Interim Fire Chief of the City of Vernon Recommendation: Acknowledge and present a proclamation to Jim Enriquez, Interim Fire Chief, in recognition of his leadership and service to the City of Vernon. City Clerk Pope read the proclamation and Mayor Lopez and Mayor Pro Tern Ybarra presented the proclamation and City flag to Jim Enriquez, Interim Fire Chief. PUBLIC HEARINGS 3. Proposed Modification to Reduce Fiber Optic Rates Recommendation: Adopt Resolution No. 2020-35 adopting revised fiber optic rate schedules. Public Utilities General Manager Alemu presented the staff report. In response to Council questions, General Manager Alemu explained dark fiber;the reason for reducing residential rates; the plan to grow the business; and future consideration of low-income rates. Mayor Lopez opened the public hearing. There being no speakers,Mayor Lopez closed the public hearing. MOTION Council Member Menke moved and Council Member Davis seconded a motion to adopt Resolution No. 2020-35 adopting revised fiber optic rate schedules. The motion carried unanimously. 4. Transmission Revenue Requirement and Transmission Revenue Balancing Account Adjustment for 2021 Recommendation: A. Adopt Resolution No. 2020-36 adopting a revised Transmission Revenue Requirement for 2021 in accordance with Vernon's Transmission Owner Tariff and providing for Tariff Sheet changes to implement the adjustment; and B. Adopt Resolution No. 2020-37 establishing a Transmission Revenue Balancing Account Adjustment for 2021 in accordance with Vernon's Transmission Owner Tariff and providing for Tariff Sheet changes to implement the adjustment. Public Utilities General Manager Alemu presented the staff report. Regular City Council Meeting Minutes Page 3 of 6 October 20, 2020 In response to Council questions, General Manager Alemu explained the ISO as the power exchange. Mayor Lopez opened the public hearing. There being no speakers,Mayor Lopez closed the public hearing. MOTION Council Member Menke moved and Mayor Lopez seconded a motion to: A. Adopt Resolution No. 2020-36 adopting a revised Transmission Revenue Requirement for 2021 in accordance with Vernon's Transmission Owner Tariff and providing for Tariff Sheet changes to implement the adjustment; and B. Adopt Resolution No. 2020-37 establishing a Transmission Revenue Balancing Account Adjustment for 2021 in accordance with Vernon's Transmission Owner Tariff and providing for Tariff Sheet changes to implement the adjustment. The question was called and the motion carried unanimously. CONSENT CALENDAR Council Member Gonzales pulled Item No. 7. MOTION Mayor Pro Tern Ybarra moved and Council Member Davis seconded a motion to approve the Consent Calendar, with the exception of Item No. 7. The question was called and the motion carried unanimously. The Consent Calendar consisted of the following items: 5. Approval of Minutes Recommendation: Approve the October 6, 2020 Regular City Council meeting minutes. 6. Claims Against the City Recommendation: Receive and file the claims submitted by: 1) Sasha Farahi Esq., on behalf of Manuel Gamez Vazquez, in the unlimited amount of$5,000,000; and 2) W. S. Dodge Oil Company in the amount of$6,322.95. 8. City Payroll Warrant Register Recommendation: Approve City Payroll Warrant Register No. 772, for the period of September 1 through September 30, 2020, which totals $3,080,266.42 and consists of ratification of direct deposits, checks and taxes totaling $2,017,651.30 and ratification of checks and electronic fund transfers (EFT) for payroll related disbursements totaling $1,062,615.12 paid through operating bank account. 9. Federal Funds for Street Improvements Account Warrant Register Recommendation: Approve Federal Funds for Street Improvements Account Warrant Register No. 34, for the period of September 20 through October 3, 2020, consisting of ratification of electronic payments totaling $20,221.48. 10. Police Department Activity Report Recommendation: Receive and file the August 2020 Report. 11. Services Agreement with Fujitsu Network Communications, Inc. and Blanket Purchase Order Regular City Council Meeting Minutes Page 4 of 6 October 20, 2020 Recommendation: A. Find that a direct award of the proposed Services Agreement is in the best interest of the City and, therefore, exempt from the competitive selection process per Sections 2.17.12(B)(2) and 2.17.12(B)(3), of the Vernon Municipal Code; B. Approve and authorize the City Administrator to execute a Services Agreement with Fujitsu Network Communications, Inc. for the Maintenance of Equipment and Services Related to the Fiber Optic System Internet Access Operations in an amount not-to-exceed$245,568, for a three-year term,effective November 7,2020;and C.Approve the issuance of a blanket Purchase Order in an amount not-to-exceed $40,000 for potential ancillary purchases with Fujitsu Network Communications during the remainder of Fiscal Year 2020/2021. 12. Purchase Order to Motorola Solutions, Inc. for All-Band Portable Radios Recommendation: Approve and authorize the issuance of a purchase order to Motorola Solutions, Inc., (Motorola) for a total amount not to exceed $24,871.97 for the purchase of three (3)Motorola APX 8000 All-Band Portable Radios to restore inventory. 13. Public Works Street Operations Division Vehicles Recommendation:Approve the purchase of a 2021 Ford Super Duty F-550 with Knapheide dump body and equipment, a 2021 Ford Super Duty F-550 with Knapheide KUV body and equipment,and two(2)2021 Ford Super Duty F-250s with flip tops and equipment through Sourcewell, for a total cost of$228,169.84. The following item was pulled from the Consent Calendar for individual consideration: 7. Operating Account Warrant Register Recommendation: Approve Operating Account Warrant Register No. 54, for the period of September 20 through October 3, 2020, which totals $4,975,670.99 and consists of ratification of electronic payments totaling $4,754,417.25 and ratification of the issuance of early checks totaling $221,253.74. Council Member Gonzales asked about the payment to Morgan Lewis. Interim City Attorney Alvarez-Glasman explained that it was the balance of the agreement between the City and Morgan Lewis regarding Bicent. MOTION Council Member Menke moved and Council Member Gonzales seconded a motion to approve Operating Account Warrant Register No. 54, for the period of September 20 through October 3, 2020, which totals $4,975,670.99 and consists of ratification of electronic payments totaling$4,754,417.25 and ratification of the issuance of early checks totaling $221,253.74. The question was called and the motion carried unanimously. NEW BUSINESS 14. Resource Adequacy Plan for 2021 Recommendation: A. Adopt Resolution No. 2020-38 approving and adopting the Vernon Public Utilities Department Resource Adequacy Plan for 2021, which includes the coincident peak Demand Forecast, the Planning Reserve Margin, the Qualifying Capacity Criteria and the Qualifying Capacity from such resources, City's Resource Adequacy and Supply Data and approving the resources used to satisfy the California Independent System Operator's (CAISO) tariff requirements; and B. Authorize staff to submit the City of Regular City Council Meeting Minutes Page 5 of 6 October 20, 2020 Vernon Public Utilities Department's Resource Adequacy Plan for 2021 and the Monthly Resource Adequacy and Supply data to the CAISO. Public Utilities General Manager Alemu presented the staff report MOTION Council Member Menke moved and Mayor Lopez seconded a motion to: A. Adopt Resolution No. 2020-38 approving and adopting the Vernon Public Utilities Department Resource Adequacy Plan for 2021, which includes the coincident peak Demand Forecast, the Planning Reserve Margin,the Qualifying Capacity Criteria and the Qualifying Capacity from such resources, City's Resource Adequacy and Supply Data and approving the resources used to satisfy the California Independent System Operator's (CAISO) tariff requirements; and B. Authorize staff to submit the City of Vernon Public Utilities Department's Resource Adequacy Plan for 2021 and the Monthly Resource Adequacy and Supply data to the CAISO. The question was called and the motion carried unanimously. 15. Memorandum of Understanding Between County of Los Angeles and City of Vernon for Lead Based Paint Hazard Mitigation Program Management Services - Vernon Lead Free Homes L.A. Program Recommendation: Approve the Memorandum of Understanding (MOU) between County of Los Angeles and City of Vernon in substantially the same form as submitted, for lead based paint hazard mitigation services. Health and Environmental Control Director Agyin presented the staff report. In response to Council questions, Health and Environmental Control Director Agyin indicated the program would determine whether Vernon homes contained lead-based paint. MOTION Mayor Pro Tem Ybarra moved and Mayor Lopez seconded a motion to approve the Memorandum of Understanding (MOU) between County of Los Angeles and City of Vernon in substantially the same form as submitted, for lead based paint hazard mitigation services. The question was called and the motion carried unanimously. ORAL REPORTS City Administrator Reports on Activities and other Announcements. City Administrator Fandino provided an update on recent Police and Vernon Public Utilities activities and the Exide Bankruptcy Court decision. He announced the Vernon Fire/LA County Fire transition on October 21, 2020, and reminded residents to participate in the City's Halloween festivities. Regular City Council Meeting Minutes Page 6 of 6 October 20, 2020 City Council Reports on Activities (including AB1234), Announcements, or Directives to Staff. Mayor Lopez reported on the League of California Cities Annual Conference and indicated each Council Member was registered to attend at a rate of$50. RECESS Mayor Lopez recessed the meeting to Closed Session at 9:53 a.m. CLOSED SESSION 16. PUBLIC EMPLOYEE EVALUATION Government Code Section 54957 Position: City Administrator 17. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant exposure to litigation Government Code Section 54956.9(d)(2) Number of Potential Cases: 1 Interim City Attorney to provide an oral statement regarding the facts and circumstances leading to exposure to litigation prior to the closed session Pursuant to Government Code Section 54956.9(e)(1), no oral statement by the City Attorney was made or required to be made prior to recessing into closed session. RECONVENE At 1:27 p.m.,Mayor Lopez adjourned Closed Session and reconvened the regular meeting. CLOSED SESSION REPORT Interim City Attorney Alvarez-Glasman reported that the Council, with all five members present, met in Closed Session, discussed the items on the agenda, and took no reportable action. ADJOURNMENT Mayor Lopez adjourned the meeting at 1:27 p.m. LETICIA LOPEZ, Mayor ATTEST: LISA POPE, City Clerk (seal) City Council Agenda Item Report Agenda Item No. COV-392-2020 Submitted by: John Lau Submitting Department: Finance/Treasury Meeting Date: November 3, 2020 SUBJECT Operating Account Warrant Register Recommendation: Approve Operating Account Warrant Register No. 55, for the period of October 4 through October 17, 2020, which totals $4,527,001.04 and consists of ratification of electronic payments totaling $4,442,777.83, ratification of the issuance of early checks totaling $84,223.21 and voided Check No. 606307 totaling $2,875.32. 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. 55 covering claims and demands presented during the period of October 4 through October 17, 2020, drawn, or to be drawn, from East West Bank for City Council approval. Fiscal Impact: The fiscal impact of approving Operating Account Warrant Register No. 55, totals $4,527,001.04. The Finance Department has determined that sufficient funds to pay such claims/demands, are available in the respective accounts referenced on Operating Account Warrant Register No. 55. Attachments: 1. Operating Account Warrant Register No. 55 _j-1'r CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 55 NOVEMBER 3,2020 I hereby certify that claims and/or demands included in above listed warrant This is to certify that the claims or demands covered by the above listed warrants register have been audited for accuracy and availability of funds for payments and have been audited by the City Council of the City of Vernon and that all of said that said claims and/or demands are accurate and that the funds are available for warrants are approved for payments except Warrant Numbers: payments thereof. Void Checks: 606307 Scott Williams Director of Finance/City Treasurer Date: 10/20/2020 Printed:10/20/2020 12:27:53 P M CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 55 NOVEMBER 3,2020 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 $ -1,261.30 Recalculation Charges 12/17 202009293146921 137 055.9200.500170 $ -1.37 Recalculation Charges 12/17 202009293146921 137 055.9200.500150 $ 282,200.93 Initial Charges 09/20 202009293146921 137 055.9200.500210 $ 16,512.78 Initial Charges 09/20 202009293146921 137 055.9200.500151 $ -3.21 Initial Charges 09/20 202009293146921 137 055.9200.500170 $ -7,231.64 Initial Charges 09/20 202009293146921 137 055.9200.500190 $ -11,119.68 Initial Charges 09/20 202009293146921 137 055.9200.500150 $ 156,579.02 Recalculation Charges 09/20 202009293146921 137 055.9200.500190 $ 4,243.10 Recalculation Charges 09/20 202009293146921 137 055.9200.500210 $ 725.60 Recalculation Charges 09/20 202009293146921 137 055.9200.500151 $ -9.00 Recalculation Charges 09/20 202009293146921 137 055.9200.500170 $ -10,167.07 Recalculation Charges 09/20 202009293146921 137 10/05/2020 10326 $ 430,468.16 002533- BANK OF NEW YORK MELLON 055.9000.592010 $ 2,532.00 Administration&Audit Confirmation Fees 2522322848 10/06/2020 10327 $ 2,532.00 Printed:10/20/2020 12:27:53PM Page 1 of 19 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 55 NOVEMBER 3,2020 ELECTRONIC ACCOUNT INVOICE PAYMENT PAYMENT PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER AMOUNT 006249- BEST DRILLING AND PUMP, 020.1084.900000 $ 56,701.89 Well No. 17 Rehabilitation Project— 100120 INC 10/06/2020 10328 $ 56,701.89 000267- BROADBAND LLC 057.1057.500173 $ 4,139.00 Internet Access Services BBUS00031308 057.1057.500173 $ 4,139.00 Internet Access Services BBUS00031419 10/06/2020 10329 $ 8,278.00 003073- ECS IMAGING,INC 011.9019.590110 $ 3,528.00 CCA&VCB for Windows 15424 10/06/2020 10330 $ 3,528.00 005155- STEVEN FROBERG 011.1048.596200 $ 100.00 Attendance Stipend— 091020 10/06/2020 10331 $ 100.00 006899- G2 INTEGRATED SOLUTIONS, 055.9000.595200 $ 9,733.50 Natural Gas Compliance Services 110961 LLC 055.9000.595200 $ 25,431.00 Natural Gas Compliance Services 111002 10/06/2020 10332 $ 35,164.50 005875- FRANCISCO M GAVINA,JR 011.1048.596200 $ 100.00 Attendance Stipend— 091020 10/06/2020 10333 $ 100.00 006869- LAURENE MASCOLA 011.1060.595200 $ 3,469.55 Health Officer Services V007 011.1060.595200 $ 4,650.00 Health Officer Services V008 10/06/2020 10334 $ 8,119.55 Printed:10/20/2020 12:27:53PM Page 2 of 19 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 55 NOVEMBER 3,2020 ELECTRONIC ACCOUNT INVOICE PAYMENT PAYMENT PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER AMOUNT 001658- WATER REPLENISHMENT 020.1084.500110 $ 206,043.16 Groundwater Production&Assessment 091720 DISTRICT 10/06/2020 10335 $ 206,043.16 006120- WESTERN ALLIED 011.1049.590000 $ 516.00 Air Conditioner Maintenance 626710 CORPORATION 011.1049.590000 $ 614.24 Air Conditioner Maintenance 626751 10/06/2020 10336 $ 1,130.24 001401- CENTRAL BASIN MWD 020.1084.500130 $ 105,154.65 Potable Water VERAUG20 10/06/2020 10337 $ 105,154.65 006871- BENDER ELECTRONICS,INC 020.1084.900000 $ 7,004.40 High Resistance Grounding System— 6402003250 011.0014451 020.1084.900000 $ 665.41 Sales Tax 9.5% 6402003250 020.1084.900000 $ 220.50 Freight 6402003764 011.0014451 10/06/2020 10338 $ 7,890.31 006422- MARIPOSA LANDSCAPES,INC 011.1049.590000 $ 3,582.00 Landscape Maintenance 07/20 89956 020.1084.590000 $ 2,820.00 Landscape Maintenance 08/20— 90179 011.1049.590000 $ 3,582.00 Landscape Maintenance 08/20 90304 10/08/2020 10339 $ 9,984.00 003049- PETRELLI ELECTRIC,INC 055.9100.900000 $ 525,394.42 Electric Service Maintenance 200257A 055.8300.590000 $ 526,405.89 Electric Service Maintenance 200257A 10/09/2020 10340 $ 1,051,800.31 Printed:10/20/2020 12:27:53PM Page 3 of 19 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 55 NOVEMBER 3,2020 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 $ -65.23 Recalculation Charges 12/19 202010063246980 312 055.9200.500170 $ -23,729.93 Recalculation Charges 12/19 202010063246980 312 055.9200.500190 $ -83.00 Recalculation Charges 12/19 202010063246980 312 055.9200.500180 $ 12.30 Recalculation Charges 12/19 202010063246980 312 055.9200.500150 $ 166,325.23 Initial Charges 10/20 202010063246980 312 055.9200.500151 $ 0.07 Initial Charges 10/20 202010063246980 312 055.9200.500210 $ 8,983.97 Initial Charges 10/20 202010063246980 312 055.9200.500170 $ -11,089.89 Initial Charges 10/20 202010063246980 312 055.9200.500190 $ -1,299.47 Initial Charges 10/20 202010063246980 312 055.9200.500150 $ 58,670.27 Recalculation Charges 09/20 202010063246980 312 055.9200.500190 $ 706.68 Recalculation Charges 09/20 202010063246980 312 055.9200.500210 $ 437.63 Recalculation Charges 09/20 202010063246980 312 055.9200.500151 $ -0.01 Recalculation Charges 09/20 202010063246980 312 055.9200.500170 $ -5,977.65 Recalculation Charges 09/20 202010063246980 312 Printed:10/20/2020 12:27:53PM Page 4 of 19 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 55 NOVEMBER 3,2020 ELECTRONIC ACCOUNT INVOICE PAYMENT PAYMENT PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER AMOUNT 002412- CALIFORNIA ISO 055.9200.500170 $ 1,040.18 Recalculation Charges 03/19 202010063246980 312 055.9200.500150 $ 10,797.32 Recalculation Charges 03/19 202010063246980 312 055.9200.500150 $ 169,869.40 Initial Charges 09/20 202010063246980 312 055.9200.500170 $ 1,193,660.55 Initial Charges 09/20 202010063246980 312 055.9200.500180 $ 22,796.21 Initial Charges 09/20 202010063246980 312 055.9200.500190 $ 1,687.07 Initial Charges 09/20 202010063246980 312 055.9200.500210 $ 8,544.69 Initial Charges 09/20 202010063246980 312 055.9200.500240 $ 7,478.50 Initial Charges 09/20 202010063246980 312 055.9200.500151 $ -1.37 Initial Charges 09/20 202010063246980 312 055.9200.500170 $ -95.51 Initial Charges 09/20 202010063246980 312 10/09/2020 10341 $ 1,608,668.01 005182- ANTHEM BLUE CROSS 011.1026.502031 $ 14,177.82 Medical Retirees— 129151918 10/15/2020 10342 $ 14,177.82 004303- ATHENS INSURANCE 011.1026.594200 $ 6,105.33 TPA Fees 10/20 IVC22721 SERVICES, INC 10/15/2020 10345 $ 6,105.33 Printed:10/20/2020 12:27:53PM Page 5 of 19 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 55 NOVEMBER 3,2020 ELECTRONIC ACCOUNT INVOICE PAYMENT PAYMENT PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER AMOUNT 006722- AVENU MUNISERVICES,LLC 011.1004.595200 $ 3,750.00 UUT Fixed Fee— INV06-009863 10/15/2020 10346 $ 3,750.00 004665- ELEMENT MARKETS 055.9200.500162 $ 102,266.51 Biomethane Gas 02/20 RC3771 RENEWABLE NATU 055.9200.500162 $ 148,649.00 Biomethane Gas 02/20 RC3772 055.9200.500162 $ 177,726.46 Biomethane Gas 03/20 RC3773 055.9200.500162 $ 258,770.28 Biomethane Gas 03/20 RC3774 055.9200.500162 $ 75,173.70 Biomethane Gas 04/20 RC3775 055.9200.500162 $ 109,407.63 Biomethane Gas 04/20 RC3776 10/15/2020 10347 $ 871,993.58 005433- RUTAN&TUCKER,LLP 011.1024.593200 $ 976.00 Re:Torres Arbitration 877262 10/15/2020 10348 $ 976.00 005094- VELOCITYEHS 011.1043.596550 $ 2,999.00 MSDSonline HQAccount Renewal 220816 10/15/2020 10349 $ 2,999.00 001695- VULCAN MATERIALS CO 056.5600.520000 $ 206.91 Paving Materials— 72708179 056.0000611 056.5600.520000 $ 838.78 Paving Materials— 72720269 056.0000611 10/15/2020 10350 $ 1,045.69 Printed:10/20/2020 12:27:53PM Page 6 of 19 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 55 NOVEMBER 3,2020 ELECTRONIC ACCOUNT INVOICE PAYMENT PAYMENT PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER AMOUNT 001617- UPS 011.1041.520000 $ 31.00 Period:07/20 933312300(2) 011.1033.520000 $ 32.05 Period:08/20 933312330(2) 011.1041.520000 $ 31.00 Period:08/20 933312330(2) 011.1033.520000 $ 21.32 Period:09/20 933312380(2) 011.1041.520000 $ 47.95 Period:09/20 933312380(2) 10/13/2020 10351 $ 163.32 001552- HOME DEPOT CREDIT 011.1043.520000 $ 1,349.12 Small Tools&Plumbing Hardware— 083120_MULTIPLE 011.0014456 SERVICES 011.1048.520000 $ 1,743.79 Small Tools&Plumbing Hardware— 083120_MULTIPLE 011.0014456 011.1049.520000 $ 477.18 Small Tools&Plumbing Hardware— 083120_MULTIPLE 011.0014456 10/08/2020 10352 $ 3,570.09 001552- HOME DEPOT CREDIT 056.5600.520000 $ 296.12 Building Supplies— 081920_MULTIPLE 056.0000617 SERVICES 056.5600.590000 $ 88.08 Building Supplies— 081920_MULTIPLE 056.0000617 020.1084.520000 $ 324.04 Building Materials&Hardware— 082020_MULTIPLE 011.0014441 055.8000.590000 $ 81.44 Small Tools,Plumbing&Hardware 082520_MULTIPLE 055.0002809 055.8400.590000 $ 1,339.92 Small Tools,Plumbing&Hardware 082520_MULTIPLE 055.0002809 055.9100.520000 $ 83.17 Hardware Supplies— 360624 055.0002812 10/08/2020 10353 $ 2,212.77 001552- HOME DEPOT CREDIT 011.1033.520000 $ 44.10 Small Tools,Plumbing&Building 092620_MULTIPLE 011.0014457 SERVICES 10/16/2020 10354 $ 44.10 Printed:10/20/2020 12:27:53PM Page 7 of 19 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 55 NOVEMBER 3,2020 ELECTRONIC ACCOUNT INVOICE PAYMENT PAYMENT PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER AMOUNT 000059- SO CAL EDISON 011.1043.560000 $ 77.35 Period:08/14/20-09/15/20 091620 10/16/2020 10355 $ 77.35 TOTAL ELECTRONIC $ 4,442,777.83 Printed:10/20/2020 12:27:53PM Page 8 of 19 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 55 NOVEMBER 3,2020 EARLY CHECKS ACCOUNT INVOICE PAYMENT CHECK PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER AMOUNT 000005- A THRONE CO,INC 055.8100.596200 $ 279.14 Portable Restrooms 646983 020.1084.520000 $ 84.95 Portable Restrooms 648759 055.8100.596200 $ 279.14 Portable Restrooms 651513 020.1084.520000 $ 84.95 Portable Restrooms 653341 055.8100.596200 $ 279.14 Portable Restrooms 656155 020.1084.520000 $ 84.95 Portable Restrooms 657993 10/06/2020 606289 $ 1,092.27 001948- AT&T 011.9019.560010 $ 21.53 Period:07/06/20-08/05/20 15137161 011.9019.560010 $ 2,372.11 Period:07/10/20-08/09/20 15156214 011.9019.560010 $ 41.86 Period:07/10/20-08/09/20 15156215 055.9000.560010 $ 235.51 Period:07/10/20-08/09/20 15156216 011.9019.560010 $ 2,304.52 Period:07/10/20-08/09/20 15156217 011.9019.560010 $ 1,034.31 Period:07/10/20-08/09/20 15156218 056.5600.560010 $ 622.35 Period:07/10/20-08/09/20 15156219 056.5600.560010 $ 21.63 Period:07/10/20-08/09/20 15156318 011.9019.560010 $ 781.02 Period:07/10/20-08/09/20 15156650 011.9019.560010 $ 20.17 Period:07/15/20-08/14/20 15192766 10/06/2020 606290 $ 7,455.01 001139- JERRY CHAVEZ JR 011.1031.596500 $ 215.90 Sherman Block SLI Class 446-8 090120(2) 10/06/2020 606291 $ 215.90 Printed:10/20/2020 12:27:53PM Page 9 of 19 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 55 NOVEMBER 3,2020 EARLY CHECKS ACCOUNT INVOICE PAYMENT CHECK PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER AMOUNT 003856- COMMERCIAL TIRE 011.1046.520000 $ 2,162.64 Goodyear 16 Ply Tires— 1GS162469 011.0014523 COMPANY 011.1046.590000 $ 7.00 Recycle Fee 1GS162469 011.0014523 011.1046.590000 $ 100.00 Labor to Mount 4 Tires 1GS162469 011.0014523 011.1046.520000 $ 205.45 Sales Tax 9.5% 1GS162469 10/06/2020 606292 $ 2,475.09 006717- RONIT DAHAN-EDRY 011.1048.596200 $ 100.00 Attendance Stipend— 091020 10/06/2020 606293 $ 100.00 006011- DANN FROEHLICH DESIGN 011.1026.596905 $ 148.83 Recruitment Brochure— 092920 10/06/2020 606294 $ 148.83 002566- DEWEY PEST CONTROL 055.8400.590000 $ 122.00 Pest Control Services 13733793 10/06/2020 606295 $ 122.00 006926- DYNAMIC HOLDINGS,LLC 011.1040.400900 $ 4,764.34 Ref.Parcel Tax#6308-008-024— 092220 10/06/2020 606296 $ 4,764.34 006423- ALAN FRANZ 011.1060.596700 $ 100.00 Attendance Stipend— 092120 10/06/2020 606297 $ 100.00 006622- FULLER ENGINEERING, INC 020.1084.500140 $ 1,270.30 Sodium Hypochlorite 142024 020.1084.500140 $ 1,301.70 Sodium Hypochlorite 142158 10/06/2020 606298 $ 2,572.00 006446- RAYMOND GODOY 011.1031.596500 $ 34.50 Report Writing Training 092220 10/06/2020 606299 $ 34.50 Printed:10/20/2020 12:27:53PM Page 10 of 19 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 55 NOVEMBER 3,2020 EARLY CHECKS ACCOUNT INVOICE PAYMENT CHE AYM VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBEg AMOU 003065- HDL COREN&CONE 011.1004.596200 $ 326.02 Audit Services-Property Tax— SIN002980 10/06/2020 606300 $ 326.02 006906- HUMAN-1-T 011.1070.797000 $ 16,500.00 66 New HP Chromebook 11 G8 EE 7235903490 011.0014537 10/06/2020 606301 $ 16,500.00 004143- INTERWEST CONSULTING 011.1041.595200 $ 278.43 Building Plan Check&Inspection 62804 GROUP, IN 10/06/2020 606302 $ 278.43 005093- JCL TRAFFIC SERVICES 011.1043.520000 $ 3,230.10 Red Traffic Paint 5 Gal— 103640 011.0014276 011.1043.520000 $ 40.00 Freight 103640 011.0014276 011.1043.520000 $ 310.66 Sales Tax 9.5% 103640 10/06/2020 606303 $ 3,580.76 000996- GABRIEL MARTINEZ 011.1031.596500 $ 283.13 Sherman Block SLI Class 463-2 090220(2) 10/06/2020 606304 $ 283.13 006248- MILLENNIUM UPS,LLC 055.9100.596200 $ 4,180.00 Critical Service Contract COV3383 10/06/2020 606305 $ 4,180.00 006927- HECTOR MORFIN 011.1060.596700 $ 100.00 Attendance Stipend— 092120 10/06/2020 606306 $ 100.00 006715- JORGE L.NEVAREZ JR 011.1048.596200 $ 100.00 Attendance Stipend— 091020 10/06/2020 606308 $ 100.00 Printed:10/20/202012:27:53PM Page 11 of 19 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 55 NOVEMBER 3,2020 EARLY CHECKS ACCOUNT INVOICE PAYMENT CHECK PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER AMOUNT 003149- RICHARD C.SLADE& 020.1084.900000 $ 3,084.23 Hydrogeological Services 5772 ASSOCIATES 10/06/2020 606309 $ 3,084.23 005563- STANLEY STEEMER OF LA 011.1049.590000 $ 267.60 Steam Cleaning Services 912724 COUNTY, 10/06/2020 606310 $ 267.60 002358- TETRA TECH,INC. 055.9000.596200 $ 7,500.00 Greenhouse Gas Verification— 51637564 10/06/2020 606311 $ 7,500.00 006872- WHITE NELSON DIEHL 011.1004.595200 $ 3,100.00 Auditing Services 208480 EVANS,LLP 10/06/2020 606312 $ 3,100.00 006716- MARLENE ELSA YBARRA 011.1048.596200 $ 100.00 Attendance Stipend— 091020 10/06/2020 606313 $ 100.00 000345- AIRGAS USA,LLC 011.120010 $ 798.00 (0623-110)Safety Glasses Elite Smoke 9103270197 011.0014485 011.120010 $ 75.65 Freight 9103270197 011.0014485 011.120010 $ 76.31 Sales Tax 9.5% 9103270197 10/13/2020 606314 $ 949.96 004724- AMERICAN LEGAL 011.1003.596200 $ 2,985.94 2020 S-9 Supplement Editing Pages 2467 PUBLISHING CORP 10/13/2020 606315 $ 2,985.94 006308- ANAYA SERVICE CENTER 011.1046.590000 $ 75.00 Labor to Replace Fan Clutch 33660 011.0014522 10/13/2020 606316 $ 75.00 Printed:10/20/2020 12:27:53PM Page 12 of 19 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 55 NOVEMBER 3,2020 EARLY CHECKS ACCOUNT INVOICE PAYMENT CHE AYM VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVO P.O.# DATE NUMBEg AMOU 006929- MARCO BADILLO 011.1031.420510 $ 28.00 Ref. Parking Ticket Appeal PV87826V 100120 10/13/2020 606317 $ 28.00 003749- CA BUILDING STANDARDS 011.1041.595200 $ 371.70 3rd Qtr 07/01/20-09/30/20 100520 COMMISSI 10/13/2020 606318 $ 371.70 000778- CALIFORNIA WATER SERVICE 011.1043.560000 $ 44.75 Period:08/22/20-09/21/20 092220 CO 10/13/2020 606319 $ 44.75 000977- DEPARTMENT OF 011.1041.595200 $ 2,382.33 Mapping Fee 3rd Qtr 2020 100520 CONSERVATION 10/13/2020 606320 $ 2,382.33 000620- DEPT OF TOXIC SUBSTANCES 011.1060.595200 $ 114.28 Interest Charge on 19SM4953 092820 CTRL 10/13/2020 606321 $ 114.28 002566- DEWEY PEST CONTROL 056.5600.590000 $ 65.00 Pest Control Services 13599430 10/13/2020 606322 $ 65.00 004997- DIV OF THE STATE ARCHITECT 011.200235 $ 254.40 3rd Qtr 2020 SB1186 100620 10/13/2020 606323 $ 254.40 006714- DUTHIE POWER SERVICES 055.8400.590000 $ 135.51 Emergency Power Generator Preventative 578863 10/13/2020 606324 $ 135.51 Printed:10/20/202012:27:53PM Page 13 of 19 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 55 NOVEMBER 3,2020 EARLY CHECKS ACCOUNT INVOICE PAYMENT CHECK PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER AMOUNT 003489- FLORENCE FILTER 011.120010 $ 306.00 Air Filter PLF14301-10— 1155391N 011.0014505 CORPORATION 011.120010 $ 87.60 Air Filter PLF16201-10— 1155391N 011.0014505 011.120010 $ 45.00 Air Filter PLF16252-10— 1155391N 011.0014505 011.120010 $ 45.60 Air Filter PLF20202-10— 1155391N 011.0014505 011.120010 $ 48.00 Air Filter PLF20251-10— 1155391N 011.0014505 011.120010 $ 49.20 Air Filter PLF20252-10— 1155391N 011.0014505 011.120010 $ 75.00 Air Filter PLF20301-10— 1155391N 011.0014505 011.120010 $ 95.10 Freight 1155391N 011.0014505 011.120010 $ 62.36 Sales Tax 9.5% 1155391N 10/13/2020 606325 $ 813.86 006887- TERESA FLORES 011.1031.596500 $ 32.77 Report Writing: From a DA's Perspective 100520 10/13/2020 606326 $ 32.77 Printed:10/20/2020 12:27:53PM Page 14 of 19 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 55 NOVEMBER 3,2020 EARLY CHECKS ACCOUNT INVOICE PAYMENT CHECK PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER AMOUNT 005350- HAUL AWAY RUBBISH 011.1048.596200 $ 67.50 Disposal&Recycling Services 06XO3159 SERVICE CO, 011.1049.596200 $ 213.00 Disposal&Recycling Services 06XO3160 011.1033.520000 $ 67.50 Disposal&Recycling Services 06XO3161 011.1033.520000 $ 67.50 Disposal&Recycling Services 06XO3162 011.1033.520000 $ 67.50 Disposal&Recycling Services 06XO3163 011.1033.520000 $ 67.50 Disposal&Recycling Services 06XO3164 011.1043.596200 $ 2,411.65 Disposal&Recycling Services 06XO3167 011.1048.596200 $ 67.50 Disposal&Recycling Services 07XO0247 011.1049.596200 $ 213.00 Disposal&Recycling Services 07XO0248 011.1033.520000 $ 67.50 Disposal&Recycling Services 07XO0249 011.1033.520000 $ 67.50 Disposal&Recycling Services 07XO0250 011.1033.520000 $ 67.50 Disposal&Recycling Services 07XO0251 011.1033.520000 $ 67.50 Disposal&Recycling Services 07XO0252 011.1043.596200 $ 3,529.05 Disposal&Recycling Services 07XO0255 10/13/2020 606328 $ 7,041.70 001957- TODD NEWTON 011.1031.596500 $ 12.02 Crisis Intervention&Behavioral Health 080320 10/13/2020 606329 $ 12.02 Printed:10/20/2020 12:27:53PM Page 15 of 19 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 55 NOVEMBER 3,2020 EARLY CHECKS ACCOUNT INVOICE PAYMENT CHECK PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER AMOUNT 001457- QUINN COMPANY 011.1046.520000 $ 157.32 528-0585 Element PC810897177 011.0014524 011.1046.520000 $ 84.50 346-6687/339-1048 Fuel Filter PC810897177 011.0014524 011.1046.520000 $ 90.12 479-4133 Element Separator PC810897177 011.0014524 011.1046.520000 $ 63.84 360-8960 Element Fuel PC810897177 011.0014524 011.1046.520000 $ 63.10 346-6688 Element Secondary PC810897177 011.0014524 011.1046.520000 $ 43.59 Sales Tax 9.5% PC810897177 011.1046.590000 $ 23.48 Freight PC810897305 011.0014524 10/13/2020 606330 $ 525.95 006932- MARTIN RODRIGUEZ 011.1048.530015 $ 459.95 Reimb.Possessory Interest Tax— 100820 10/13/2020 606331 $ 459.95 006340- S&J SUPPLY COMPANY,INC 020.1084.840000 $ 5,858.58 Air Power Operator Drill— S100158794001 011.0014540 020.1084.840000 $ 556.57 Sales Tax 9.5% S100158794001 10/13/2020 606332 $ 6,415.15 001616- PHILLIP SWINFORD 011.1031.596500 $ 22.95 Crisis Intervention&Behavioral Health 080320 10/13/2020 606333 $ 22.95 006780- THE HITT COMPANIES,INC 011.1043.520000 $ 64.81 N-16 Xstamper Stamp OE87257 10/13/2020 606334 $ 64.81 000141- THOMSON REUTERS-WEST 011.1024.596500 $ 235.00 West Information Charges 843082770 10/13/2020 606335 $ 235.00 005710- US TOW,INC 011.1046.590000 $ 150.00 Tow Unit to El Monte Transmission 12354 011.0014525 10/13/2020 606336 $ 150.00 Printed:10/20/2020 12:27:53PM Page 16 of 19 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 55 NOVEMBER 3,2020 EARLY CHECKS ACCOUNT INVOICE PAYMENT CHECK PAYMENT VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION INVOICE P.O.# DATE NUMBER AMOUNT 006713- VALLEN DISTRIBUTION,INC 011.1043.520000 $ 1,560.00 Custom Pop-Up Tent— 835731200 011.0014482 011.1043.520000 $ 225.00 Set-Up Fee 835731200 011.0014482 011.1043.520000 $ 60.00 Custom Logo White"Health Department` 835731200 011.0014482 011.1043.520000 $ 60.00 Custom Logo White"Public Works` 835731200 011.0014482 011.1043.520000 $ 60.00 Custom Logo White"City of Vernon" 835731200 011.0014482 011.1043.520000 $ 186.67 Sales Tax 9.5% 835731200 10/13/2020 606337 $ 2,151.67 006187- ZEP SALES&SERVICE 011.1049.520000 $ 124.95 Air Fair Blue Sky Green Link 9005463240 011.0014510 011.1049.520000 $ 74.95 Ultra Wipes Blue LG 450 Count— 9005463240 011.0014510 011.1049.520000 $ 89.95 ZEP Oil Only Rapid-Sorb Pads— 9005463240 011.0014510 011.1049.520000 $ 34.95 ZEP Vue R.T.U. 9005463240 011.0014510 011.1049.520000 $ 49.99 Freight 9005463240 011.0014510 011.1049.520000 $ 35.61 Sales Tax 9.5% 9005463240 10/13/2020 606338 $ 410.40 TOTAL EARLY CHECKS $ 84,223.21 Printed:10/20/2020 12:27:53PM Page 17 of 19 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 55 NOVEMBER 3,2020 RECAP BY FUND FUND ELECTRONIC TOTAL EARLY CHECK TOTAL WARRANT TOTAL GRAND TOTALS 011-GENERAL $ 52,004.80 $ 58,177.56 $ 0.00 $ 110,182.36 020-WATER 378,934.05 12,326.23 0.00 391,260.28 055-LIGHT&POWER 4,002,131.09 13,010.44 0.00 4,015,141.53 056-NATURAL GAS 1,429.89 708.98 0.00 2,138.87 057-FIBER OPTIC 8,278.00 0.00 0.00 8,278.00 GRAND TOTAL $ 4,442,777.83 $ 84,223.21 $ 0.00 $ 4,527,001.04 TOTAL CHECKS TO BE PRINTED 0 Printed:10/20/2020 12:27:53PM Page 18 of 19 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 55 NOVEMBER 3,2020 VOID LIST CHECK NUMBER VENDOR NAME AMOUNT 606307 NATIONAL BUSINESS FURNITURE $ 2,875.32 Printed:10/20/2020 12:27:53PM Page 19 of 19 City Council Agenda Item Report Agenda Item No. COV-375-2020 Submitted by: Cynthia Cano Submitting Department: Public Works Meeting Date: November 3, 2020 SUBJECT Public Works Department Monthly Building Report Recommendation: Receive and file the September 2020 Building Report. Background: The attached building report consists of total issued permits, major projects, demolition permits, new building permits and certificate of occupancy status repots for the month of September 2020. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: 1. Public Works Department September 2020 Building Report City of Vernon Building Division Monthly Report Summary 2019 2020 Year to Date Construction Number of Year to Date Year to Date Construction Number of Year to Date Year to Date Permit Valuation Value Permits Value Permits Value Permits Value Permits Difference Difference January $ 6,968,160 49 $ 6,968,160 49 $ 8,046,145 43 $ 8,046,145 43 -12% 15% February $ 4,923,135 63 $ 11,891,295 112 $ 2,979,923 48 $ 11,026,068 91 -19% -7% March $ 10,949,664 47 $ 22,840,960 159 $ 2,808,127 16 $ 13,834,195 107 -33% -39% April $ 13,285,075 56 $ 36,126,035 215 $ 1,100,252 10 $ 14,934,447 117 -46% -59% May $ 21,264,283 43 $ 57,390,317 258 $ 1,134,292 14 $ 16,068,739 121 -53% -72% June $ 12,186,470 67 $ 69,576,787 325 $ 3,485,709 55 $ 19,554,448 186 -43% -72% July $ 3,301,660 53 $ 72,878,447 378 $ 3,305,183 29 $ 22,859,631 215 -43% -69% August $ 3,283,700 41 $ 76,162,147 419 $ 3,059,660 48 $ 25,919,291 263 -37% -66% September $ 1,400,426 29 $ 77,562,573 448 $ 2,591,286 34 $ 28,510,577 297 -34% -63% October November December Monthly $25,000,000 80 70 $20,000,000 60 $15,000,000 50 40 $10,000,000 30 $5,000,000 20 10 $- 0 ,�A 11111111111111111111112019 Construction Value 11111111111111111111112020 Construction Value -2019 Number of Permits -2020 Number of Permits Year to Date $90,000,000 500 $80,000,000 $70,000,000 400 $60,000,000 $50,000,000 300 $40,000,000 200 $30,000,000 $20,000,000 100 $10,000,000 $- 0 o°aA cJa&A J asr PQ�\ 11111111111111111111112019 YeartoDateValue 11111111111111111111112020Yearto Date Value -2019 Year to Date Permits-2020 Year to Date Permits City of Vernon Building Department Monthly Report from 911/2020 to 9/30/2020 Type Value #of Permits Demolition $370,000.00 2 Electrical $187,625.00 10 Grading $1,500,000.00 1 Mechanical $32,200.00 3 Miscellaneous $490,661.00 14 Plumbing $10,800.00 4 September 2020 TOTALS $2,591,286.00 34 PREVIOUS MONTHS TOTAL $25,919,291.00 263 YEAR TO DATE TOTAL $28,510,577.00 297 September 2019 TOTALS $1,400,426.00 29 PREVIOUS MONTHS TOTAL $76,162,147.38 419 YEAR TO DATE TOTAL $77,562,573.38 448 City of Vernon Building Department °4g New Buildings Report-September 2020 None City of Vernon Building Department Demolition Report-August 2020 4201 Fruitland Avenue Southland Box Company Demo(2)existing structuires 75,272 sf 4423 District Blvd. 4423 District Blvd LLC Demo building and interior 3,767 sf 01 Lr v 10 City of Vernon Building Department "< N Major Projects from 9/1/2020 to 9130/2020 Valuations > 20,000 Permit No. Project Address Tenant Description ,lob Demolition B-2020-4090 4423 DISTRICT BLVD Demo 3,767 sf building and 596 sf 50000 APN 6304022042 interior B-2020-4208 4201 FRUITLAND AVE Southland Box Demo (2) existing structures 75,272 320000 APN 6304027018 sf 2 Record(s) $370,000,00 Electrical B-2020-4255 2660 37TH ST Electrical repairs, removal & 25000 APN 6302020039 reinstallation of T-bar fixtures, relocate (1) air conditioner B-2019-3851 4789 LOMA VISTA AVE New 2000 amp main service 100000 APN 6304025029 switchgear and manufacturing equipemnt installtion B-2020-4087 2929 54TH ST Electrical install 18edge of dock 30000 APN 6310009021 levelers, electrical outlets in warehouse 3 Record(s) $155,000.00 Grading B-2020-3921 4201 FRUITLAND AVE Grading- Phase 3 site grading plan 1500000 APN 6304027018 1 Record(s) $1,500,000.00 Mechanical B-2020-4151 3876 SANTA FE AVE Installation of(4)AC units and 25000 APN 6302018017 associated ductwork. 1 Record(s) $25,000.00 Miscellaneous B-2019-3616 3876 SANTA FE AVE asphalt, slurry coat and parking 40000 APN 6302018017 stripe. B-2020-4171 5700 ALAMEDA ST 18'x24' concreet pad for support of 85517 APN 6308018022 steel pallets and gas tanks 14'x17'concrete pad for support of forklift loading. Bumper post and footing. B-2020-4218 4201 FRUITLAND AVE Demo of asbestos 35000 APN 6304027018 B-2019-3844 4201 FRUITLAND AVE Structural upgrade to existing 245000 APN 6304027018 warehouse (4955 Maywood Ave) 4 Record(s) $405,517.00 11 Permit(s) Total $2,455,517.00 City of Vernon Building Department Status of Certificates of Occupancy Requests '"•-%9 Month of September 2020 Request for Inspection 21 Approved 3 Pending 415 Temporary Occupancies 13 City of Vernon Certificate of Occupancy Applications Date From 9/1/2020 to 9/30/2020 Issued Permit No. Project Address Tenant Description Fees Paid Square Feet C-2020-1535 2303 55TH ST Cojecto Warehouse of 885.00 36000 APN 6308016028 Furniture C-2020-1536 5001 SANTA FE AVE Short Stop Distribution, LLC Wholesale of general 385.00 1200 APN 6308015009 merchandise C-2020-1537 2831 SANTA FE AVE GREENPY INC 885.00 38112 APN 6302006025 C-2020-1538 2011 49TH ST FEC Studios LLC Film production 385.00 4700 APN 6308015073 studio C-2020-1539 5001 PACIFIC BLVD Quality LA LLC Garment sewing 885.00 6060 APN 6308010020 C-2020-1540 2611 SANTA FE AVE Bravo Foods USA, Inc. Warehouse and 885.00 9170 APN 6302008031 Distribution, Packaging Facility C-2020-1541 2139 52ND ST LA Indigo Garment 885.00 6000 APN 6308016039 manufacture C-2020-1542 2139 52ND ST Katie K, Inc. Garment 885.00 18000 APN 6308016039 manufacture C-2020-1543 3280 26TH ST Dose of Roses, Inc. Warehouse and 885.00 47475 APN 6303002021 Distribution of Flowers C-2020-1544 5000 HAMPTON ST Incremento, Inc. Manufacturing & 885.00 9160 APN 6308010026 Digital Fabric Printing C-2020-1545 2660 37TH ST Doucai USA Inc. Wholesale of general 1,046.00 54946 APN 6302020039 merchandise C-2020-1546 4871 SANTA FE AVE Just for Wraps Inc. Office and design 385.00 4400 APN 6308015044 C-2020-1547 4626 48TH ST The Great Distribution center of 885.00 10080 APN 6304018023 apparel brand C-2020-1548 2528 SANTA FE AVE CONTINENTAL FOOD Warehousing 385.00 4000 APN 5168026001 SERVICE INC. restaurant supplies C-2020-1549 2438 27TH ST ADM Flooring, Inc Warehouse of 885.00 29428 APN 6302004023 hardwood flooring & bathtubs C-2020-1550 4608 50TH ST Villagio Floors, Inc. Warehouse of 885.00 20000 APN 6304013028 hardwood Flooring C-2020-1551 5400 SANTA FE AVE Friends Cutting, Inc. Garment 885.00 12000 APN 6309004011 manufacturing 1 Issued Permit No. Project Address Tenant Description Fees Paid Square Feet C-2020-1552 2528 SANTA FE AVE Gourmet Special Ties, Inc. Warehouse and 385.00 2800 APN 5168026001 store boxes C-2020-1553 2305 52ND ST Little Cinema Digital 10000 885.00 10000 APN 6308016012 C-2020-1554 2640 26TH ST Lithco, Inc. Warehouse and 885.00 14086 APN 6302001028 Distribution C-2020-1555 5100 SANTA FE AVE AM Distributors Inc. Dba Distributor of 885.00 49104 APN 6308011012 Packaging & More packaging supplies Total for Certificate of Occupancy: 16,246.00 386,721.00 21 Permits(s) Total Fees Paid 16,246.00 2 City of Vernon Certificate of Occupancy Issued Date From 9/1/2020 to 9/30/2020 Issued Permit No. Project Address Tenant Description Fees Paid Square Feet 9/22/2020 C-2020-1478 2701 SANTA FE AVE Stream Produce Inc. Warehousing and 385.00 2400 APN 6302007033 distribution of produce 9/22/2020 C-2020-1471 5525 SOTO ST Germ Less, Inc. Warehousing and 885.00 35000 APN 6309026019 distribution of antiseptic products 9/24/2020 C-2019-1352 3294 26TH ST Gauaki Sustainable Warehousing and 1,207.00 89000 APN 6303002021 Rainforest Products, Inc. distribution of Dba GSRP Inc. beverages Total for Certificate of Occupancy: 2,477.00 126,400.00 3 Permits(s) Total Fees Paid 2,477.00 1 City Council Agenda Item Report Agenda Item No. COV-360-2020 Submitted by: Lisa Pope Submitting Department: City Clerk Meeting Date: November 3, 2020 SUBJECT April 13, 2021 General Municipal Election Recommendation: A. Adopt Resolution No. 2020-39 calling and giving notice of an all-mail ballot General Municipal Election to be held on Tuesday, April 13, 2021 for the election of a City Council Member as required by the provisions of the Charter of the City of Vernon; and B. Adopt Resolution No. 2020-40 requesting the Board of Supervisors of the County of Los Angeles to render specified services to the City relating the conduct of the General Municipal Election to be held on Tuesday, April 13, 2021. Background: Pursuant to Vernon Charter Section 5.1 and Municipal Code Section 2.118, the City of Vernon conducts all-mail ballot General Municipal Elections on the second Tuesday of April each year. The City Council is required to adopt various resolutions to begin the election process. Resolution Calling the Election The first resolution calls the election on Tuesday, April 13, 2021, for the election of one member of the City Council for a full five (5) year term. Resolution Requesting County Services The second resolution requests the services of the Los Angeles County Election Department to provide appropriate forms, and signature verification services, and prepare, print and mail official ballots and ballot materials. Candidate Statement Regulations Elections Code Section 13307 allows candidates to prepare a candidate statement for inclusion in the voter's pamphlet. On October21, 2014, the Council adopted Resolution No. 2014-64 adopting regulations regarding candidate statements submitted to voters in a general municipal or special municipal election. This resolution applies to the April 2021 election. Ballot Drop-Off Locations In prior elections, the City has offered an additional ballot drop-off location on election day. Staff will consider options for providing the best value for voters and will inform voters of such. Nomination Period The nomination period for the April 13, 2021 Election begins December 21 , 2020, at which time candidates may obtain nomination papers and required filing materials from the City Clerk Department. The last day to file nomination papers is January 19, 2021 (since City Hall is closed Friday, January 15 and Monday, January 18, 2021). If an incumbent fails to file, the period is extended to January 25, 2021. Fiscal Impact: Account No. 011 .1003.596300 has $25,000 which is expected to be sufficient to cover the cost of the election. Attachments: 1. Resolution No. 2020-39 2. Resolution No. 2020-40 3. Resolution 2014-64 adopted October 21, 2014 RESOLUTION NO. 2020-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON, CALIFORNIA, CALLING AND GIVING NOTICE OF AN ALL-MAIL BALLOT GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 13, 2021, FOR THE ELECTION OF A CITY COUNCIL MEMBER AS REQUIRED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF VERNON SECTION 1. Recitals. A. In April 2021, the term of one Vernon City Council Member will expire. B. Under the provisions of the Charter of the City of Vernon, a General Municipal Election shall be held on April 13, 2021, for the election of one Municipal Officer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 3. Pursuant to the requirements of the State of California, and the Vernon Charter and Municipal Code, there is called and ordered to be held in the City of Vernon, California, on Tuesday, April 13, 2021, a General Municipal Election conducted by all-mail ballot for the purpose of electing one (1) Member of the City Council for the full term of five (5) years. SECTION 4. The ballots to be used at the election shall be in form and content as required by law. SECTION 5. The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election by all mail ballot. SECTION 6. Pursuant to the City of Vernon Municipal Code, and other applicable provisions of the Charter of the City of Vernon and Ordinances of the City of Vernon, the Election shall be conducted by all-mail ballot, and shall be conducted pursuant to Chapter 2 of Division 4 (commencing with Section 4100) of the California Elections Code only insofar as required by law, and only where not inconsistent with the Charter and Ordinances of the City of Vernon. Notwithstanding Elections Code Section 4103, ballots cast in this Election shall be returned to the Office of the City Clerk no later than 8:00 p.m. on election day in order to be counted. Ballots that are postmarked on election day and received no later than three (3) days following the day of the election will also be counted. Resolution No. 2020-39 Page 2 of 2 SECTION 7. In the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the Election Official, the City Council, in accordance with Election Code Section 15651(b), shall conduct a special runoff election to resolve the tie vote and such special runoff election is to be held on a Tuesday not less than 40 days nor more than 125 days after the administrative or judicial certification of the election which resulted in a tie vote. SECTION 8. In all particulars not recited in this resolution, the Election shall be held and conducted as provided by law for holding municipal elections. SECTION 9. Notice of the time and place of holding the Election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 10. The City Council of the City of Vernon authorizes the City Clerk to administer said Election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. SECTION 11. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. APPROVED AND ADOPTED this 3rd day of November, 2020. LETICIA LOPEZ, Mayor ATTEST: LISA POPE, City Clerk (seal) APPROVED AS TO FORM: ARNOLD M. ALVAREZ-GLASMAN, Interim City Attorney RESOLUTION NO. 2020-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 13, 2021 SECTION 1. Recitals. A. A General Municipal Election will be held in the City of Vernon on April 13, 2021. B. In the course of conducting the election it is necessary for the City to request services of the County of Los Angeles. C. All necessary expenses in performing these services shall be paid by the City of Vernon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 2: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 3: Pursuant to the provisions of Elections Code Section 10002, the Vernon City Council requests that the Los Angeles County Board of Supervisors permit the County Election Department to provide the following services for use in conducting its election: 1. Provide appropriate forms for candidate statements, arguments and rebuttals and other forms required by the County; 2. Provide signature verification services as needed; 3. Print and mail official ballots and sample ballot booklet; and 4. Prepare and mail multilingual ballot materials in accordance with the Voting Rights Act. SECTION 4. The City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill. Resolution No. 2020-40 Page 2 of 2 SECTION 5. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. APPROVED AND ADOPTED this 3rd day of November, 2020. LETICIA LOPEZ, Mayor ATTEST: LISA POPE, City Clerk (seal) APPROVED AS TO FORM: ARNOLD M. ALVAREZ-GLASMAN, Interim City Attorney RESOLUTION NO . 2014-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON REPEALING RESOLUTION NO. 2012-209 AND ADOPTING REGULATIONS REGARDING CANDIDATE STATEMENTS SUBMITTED TO VOTERS IN ANY GENERAL MUNICIPAL OR SPECIAL MUNICIPAL ELECTION WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency shall adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate' s statement; and WHEREAS, on November 6, 2012, the City Council of the City of Vernon adopted Resolution No. 2012-209 adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at any general municipal or special municipal election; and WHEREAS, the City Council desires to repeal Resolution No. 2012-209 and adopt regulations regarding candidates statements submitted to the voters in any general or special municipal election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct . SECTION 2 : The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA) , in accordance with Section 15061 (b) (3) , the general rule that CEQA only applies to projects that may have an effect on the environment. SECTION 3 : GENERAL PROVISIONS. Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for in any general municipal or special municipal election, may prepare a candidate' s statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate, and a brief description of no more than 200 words of the candidate' s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations . The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate' s nomination papers are filed. An electronic copy of the candidate statement should also be submitted to the office of the City Clerk when filing. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5: 00 p.m. of the next working day after the close of the nomination period. SECTION 4 : FOREIGN LANGUAGE POLICY. a. ` Pursuant to the Federal Voting Rights Act, the City is required to translate candidate statements into the following languages : Spanish. b. Pursuant to state law, the candidate may elect to have their candidate statement translated into any other additional foreign language (s) C. The City Clerk shall have all candidate statements translated into the languages required by the Federal Voting . Rights Act and tho.se 'additional languages requested by the candidate (s) . SECTION 5 : PAYMENT. The City Clerk shall print an English and Spanish voter information pamphlet to be mailed to all voters which shall include any additional translations of candidates who so 2 -- request printing in the voter information pamphlet . All translations will be made available upon request in the City Clerk' s Office. a. The candidate shall be required to pay for the cost of translating the candidates statement into any required foreign language and any other language (s) he or she has elected. The City Clerk shall select the person who provides the foreign language translation: pursuant to the criteria set forth in Elections Code Section 13307 (b) . b. The candidate shall be required to pay the cost of printing, handling and mailing the candidate statement in English and Spanish in the voter information pamphlet, and be required to pay for said costs associated with their selection to include any other foreign language (s) in the voter information pamphlet . C. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate' s statements filed pursuant to the Elections Code, and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her .statement included in the voter information pamphlet . Actual costs vary from one election to another. The .actual candidate statement filing cost for a given election may be significantly more or less than the estimate, depending on the actual number of candidates who file statements . Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for the additional actual expense or refund any excess amount paid, depending on the final actual cost. In the event of underpayment, the City Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate - 3 the excess amount among the candidates and refund the excess amount paid within 30 days of the election. d. The City Clerk shall comply with all applicable State statutes, regulations, standards and guidelines published by the Secretary. of State regarding candidates' statements, ballot designations and other procedural items. SECTION 6: ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. SECTION 7 : The City Clerk shall provide each candidate or the candidate' s representative a copy of this Resolution at the time nomination documents are issued. SECTION 8 : All previous resolutions establishing Council policy on payment for candidates' statements, specifically Resolution No. 2012-209, are hereby repealed. SECTION 9 : This resolution shall apply at the next ensuing .general municipal or special municipal election and at each general municipal or special municipal election until repealed. 4 - SECTION 10 : The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the City Clerk' s, or Deputy City Clerk' s, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 21st day of October, 2014 . Name: W. Michael McCormick Title: Mayor ATTEST: Ana SSW" y / Deputy City Clerk APPRO D jO F RM: Hema e ney - 5 - STATE OF CALIFORNIA ) } ss COUNTY OF LOS ANGELES } I, Ana Barcia c1'' / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2014-64, was duly passed, approved. and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, October 21, 2014, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this Qij day of October, 2014 at Vernon, California. A Bar y / Deputy City Clerk (SEAL) -- 6 -- City Council Agenda Item Report Agenda Item No. COV-376-2020 Submitted by: Brandon Gray Submitting Department: Police Department Meeting Date: November 3, 2020 SUBJECT Loan Vehicle Use Agreement with National Insurance Crime Bureau Recommendation: Approve and authorize the Police Chief to execute a vehicle use agreement with the National Insurance Crime Bureau (NICB)for continued participation in the loan vehicle program. Background: The Vernon Police Department (VPD) aims to continue its participation in the loan vehicle program in partnership with the National Insurance Crime Bureau (NICB). The NICB loan vehicle program, specifically for law enforcement, provides pre-owned unmarked vehicles with relatively low mileage to assist law enforcement agencies in investigations related to insurance-related crime or fraud. The loan vehicle program was previously sponsored by the Inter-Insurance Exchange of the Automobile Club (AAA); however, the program was recently taken over by the NICB. There is no cost to participate in this program. There are no extended warranties or licensing agreements with this program. However, the VPD will be responsible for the annual vehicle registration cost as well as related auto insurance. Authorizing the Chief of Police to execute the proposed Vehicle Use Agreement with NICB, will allow the VPD to continue its no-cost lease of the 2012 Nissan Altima (VIN: 1 N4AL2EPXCC260654) that has been assigned to the VPD fleet since 2014. The VPD will be responsible for all vehicle maintenance and operational needs for the one-year period, which have been included in the department's fiscal year budget. After the one year, the vehicle can either be returned or retained by extending the vehicle use agreement for an additional year. The VPD plans to maintain the loan vehicle in the Detective Bureau fleet. The vehicle will be used for investigations related to insurance-related crime or fraud, and for surveillance purposes. The loan vehicle has relatively low miles and is in very good condition. Over the past six years, only regular maintenance has been conducted at relatively low cost. The City Attorney's Office has reviewed and approved the agreement as to form. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: 1. 2021 NICB Nissan Altima Vehicle Use Agreement VEHICLE USE AGREEMENT IM IHS Lcading the Fraud Fight The National Insurance Crime Bureau ("NICB") does hereby lease to the Vernon Police Department(the 'Agency')the vehicle described as: YEAR: 2012 MAKE: NISSAN MODEL: ALTIMA VIN: 1 N4AL2EPXCC260654 This vehicle will be used by the Agency for the purpose of investigation of insurance-related crime and/or fraud. This Agreement is subject to the following conditions: 1. The Agency leases from the NICB, the above-described vehicle for use in pursuit of its lawful purposes. The Agency shall accept said vehicle "as is" and shall re-title the vehicle in the name of the Agency prior to any use. The NICB shall retain remainder interest in said vehicle and that remainder interest shall take full force and effect on the 365th day after the effective date of this Agreement, or longer if the term is extended in writing. For the duration of the agreement, the Agency shall perform all routine and necessary maintenance and repairs on the vehicle. 2. In the event the vehicle is not re-titled in the name of the Agency within 90 days from the date last written below, the Agency shall immediately return said vehicle to the NICB. 3. The Agency warrants that it will not sell, convey, or in any way dispose of said vehicles in a manner which may impair the NICB's remainder interest. However, in the event that the above-described vehicle is stolen or in any way damaged while in the custody of the Agency, its agents or assigns, the Agency shall be liable for any repair or replacement costs. 4. The Agency does hereby release the NICB from all claims for property damage or bodily injury arising from the operation or maintenance of the vehicle described herein by an employee, agent or assign of the Agency during the term of this Agreement. 5_ The Agency agrees and warrants that it shall provide insurance coverage (self-insured agency acceptable)for the above-described vehicle in the normal course of its business. 6. The Agency agrees to provide monthly reports to the NICB employee signing this Agreement setting forth statistical accomplishments attributed to the vehicle. These reports must include: a. The number of times the vehicle was deployed, b. The number of arrests, and the crimes charged, made due to the use of the vehicle, c_ The number of convictions obtained due to the use of the vehicle, d. The current mileage and condition of the vehicle, and e. The number of vehicle recoveries. Failure to provide these reports is a material breach of this Agreement and upon written notice to Agency; the NICB may terminate this Agreement and require the return of the vehicle. 7. The effective date of this Agreement shall be the date the vehicle is delivered into the custody of the Agency. Revision Date: 06.12.2019 IN WITNESS WHEREOF,the parties hereto have executed this Agreement this 2nd day of October, 2020_ THE AGENCY NATIONAL INSURANCE CRIME BUREAU By: _ By: Anthony Miranda b Jones Its: Chief of Police Its. Director of Ouerations,_West Region Tdle Idle Date: Date: Daceq fjw jel'qaQ VIN: 1 N4AL2EPXCC260654 NICB FILE#. C1919700021 ATTEST: Lisa Pope, City Clerk APPROVED AS TO FORM: Arnold M.Alvarez-Glasman, Interim City Attorney VEHICLE USE AGREEMENT PAGE 2 of 2 2012 NISSAN ALTIMA 1 N4AL2EPXCC260654 NICB FILE#C1919700021 City Council Agenda Item Report Agenda Item No. COV-387-2020 Submitted by: Brandon Gray Submitting Department: Police Department Meeting Date: November 3, 2020 SUBJECT Drug Enforcement Administration Agreement Recommendation: Approve and authorize the Police Chief to execute a Surge Program - Funded State and Local Task Force Agreement with the Drug Enforcement Administration (DEA), Los Angeles Field Division, for continued participation in the Southwest Border Initiative (SWBI)taskforce with an effective date of October 1, 2020. Background: Since 2008, the Vernon Police Department (VPD) has dedicated one Detective to participate in the SWBI narcotics investigation taskforce. The goal of the SWBI narcotics taskforce is to disrupt illicit drug traffic in the region by immobilizing targeted violators and trafficking organizations, and gather and report intelligence data relating to narcotics trafficking and dangerous drugs. Participation in the SWBI taskforce has been advantageous for the VPD. The assigned Detective has gained vast experience and knowledge from the taskforce investigations. VPD's participation in the taskforce allows the Department to benefit from asset forfeiture proceeds related to narcotics investigations. The VPD has also utilized resources from the taskforce with multifaceted investigations when there is a need for additional personnel and expertise. On April 7, 2020 the City Council approved an agreement with the DEA for continued participation in the SWBI taskforce from April 7, 2020 through September 30, 2020. In order to continue participating in the SWBI taskforce, federal regulations require that VPD enter into anew agreement with the DEA with an effective date of October 1, 2020. The CityAttorney's Office has reviewed and approved the agreement as to form. Fiscal Impact: Other than normal costs associated with staff time, there is no additional cost to the City for participating in the taskforce. Participation in the taskforce may provide the VPD revenues from asset forfeiture proceeds related to narcotics investigations. Attachments: 1. Surge Program - Funded State and Local Task Force Agreement with DEA STATE AND LOCAL TASK FORCE AGREEMENT BETWEEN THE DRUG ENFORCEMENT ADMINISTRATION LOS ANGELES FIELD DIVISION AND VERNON POLICE DEPARTMENT SURGE PROGRAM - FUNDED STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made this 1 st day of October, 2020,between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Vernon Police Department ORI#CA0197300 (hereinafter "VPD"). The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the Los Angeles County area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of City of Vernon, the parties hereto agree to the following: 1. The Ventura Resident Office Surge Task Force (hereinafter"Task Force") will perform the activities and duties described below: a. disrupt the illicit drug traffic in the Los Angeles and area by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force activities will result in effective prosecution before the courts of the United States and the State of California. 2. To accomplish the objectives of the Task Force,the VPD agrees to detail one (1) experienced officer to the Task Force for a period of not less than two years. During this period of assignment,the VPD officer will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The VPD officer assigned to the Task Force shall adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 4. The VPD officer assigned to the Task Force shall be deputized as a Task Force Officer of DEA pursuant to 21 U.S.C. Section 878. 5. To accomplish the objectives of the Task Force, DEA will assign seven (7) Special Agents to the Task Force. DEA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof,provide necessary funds and equipment to support the activities of the DEA Special Agents and the VPD officer assigned to the Task Force. This support will include: office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training, and other support items. 6. During the period of assignment to the Task Force, the VPD will remain responsible for establishing the salary and benefits, including overtime, of the officer assigned to the Task Force, and for making all payments due them. DEA will, subject to availability of funds,reimburse the VPD for overtime payment. Annual overtime for each state or local law enforcement officer is capped at the equivalent of 25% of a GS-12, Step 1, of the general pay scale for the Rest of United States. Reimbursement for all types of qualified expenses shall be contingent upon availability of funds and the submission of a proper request for reimbursement which shall be submitted monthly or quarterly on a fiscal year basis, and which provides the names of the investigators who incurred overtime for DEA during the invoiced period, the number of overtime hours incurred, the hourly regular and overtime rates in effect for each investigator, and the total cost for the invoiced period. Invoices must be submitted at least quarterly within 10 business days of the end of the invoiced period. Note: Task Force Officer's overtime "shall not include any costs for benefits, such as retirement, FICA, and other expenses." 7. In no event will the VPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The VPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures-of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on-site inspection and auditing of such records and accounts. 9. The VPD shall permit and have readily available for examination and auditing by DEA, the United States Department of-Justice, the Comptroller General of the United States, and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The VPD shall maintain all such reports and records until all audits and examinations are completed and resolved, or for a period of six (6) years after termination of this agreement, whichever is sooner. 10. The VPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I. 11. The VPD agrees that an authorized officer or employee will execute and return to DEA the attached OJP Form 4061/6, Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements. The VPD acknowledges that this agreement will not take effect and no Federal funds will be awarded to the VPD by DEA until the completed certification is received. 12. When issuing statements, press releases, requests for proposals,bid solicitations, and other documents describing projects or programs funded in whole in part with Federal money, the VPD shall clearly state (1) the percentage of the total cost of the program or project which will be financed with Federal money and(2)the dollar amount of Federal funds for the project or program. 13. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2021. This agreement may be terminated by either party on thirty days' advance written notice. Billing for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by VPD during the term of this agreement. For the Drug Enforcement Administration: Date: William D. Bodner Special Agent in Charge For the Vernon Police Department: Date: Anthony Miranda Chief of Police Attest: Approved as to Form: Lisa Pope Arnold M. Alvarez-Glasman City Clerk Interim City Attorney ATTACHMENTS: (1). OJP Form 4061/6 (3-91): Certifications Regarding Lobbying; Debarment, Suspensions and Other Responsibility Matters; and Drug Free Workplace Requirements. (2). Roster of Local, State, or Federal Agency Personnel Assigned to the United States Drug Enforcement, Los Angeles Field Division. U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS C. ' OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying"and 28 CFR Part 67, "Government-wide Department and Suspension (Nonprocurement)and Government-wide Requirements for Drug-Free Workplace (Grants)."The certifications shall be treated as a material representation of fact upon reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING lc (Federal .State,,or local) tra a tion orc tr ct und�er a �uu lie transaction;. violation of rceco or 'ta ntitrust As e uir d b gge t��n 1352 T'tle 31 of the U:S. Code, an t u es o commission of em e ement he or el , imp�er eneed a�28�FR Part 69, rs ns e t rin into i e fa�sificatlon.or d struction o records, ma'ing �alsYe Fart epti ppi ee certif esetrhat��00� as �ee#ine� at A q �m s{�er�ients, or receiving stolen property; Are not presentl indi t d for or th rwise criminal or civil (ba) No Federal appropriate funds have been paid or will be paid, ar ed pyn a gover�i n n-afpntltX (�eceeral, State, or cal) wl�i y or on behalf of the undersigned, to any person for influencing mii sin o, an o teie o ens s enumerate in paragraph 1) or attemptin to influence an officer or employee of any agency, � o tries ce ifica on; and a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congqress in connection with the ( tthh making of any Federal grant the entering into of any hddidHane not within ublreetryaesapterriod edcedi gA[aste pore iaocar cooperative agreement, and extension, continuation, renewal, terminates for cause or aefau�t;an ns ) amendment, or modification of any Federal grant or cooperative agreement; B. Where the a plica�� is.una le to c rtify to an f the statements in this c rtifi.cation, e or sere shall a tac� an �b.If an {{ ds other than Federal a pr rested fund have been explanation to this app�cation. +d or ywilree aid to an,person fo in Tien in or a�em in t uence an o cer ore pp o ee p an a en a e e o a eress, ar#c� icer or empioee of Conres oars e p nee o DRUG-FREE WORKPLACE mber o on res i co ne tion h t is a era r n o copp erati aren�'1sthe ersi�1 ed shall co a andr GRANTEES OTHER THAN INDIVIDUALS) uq in ��ant�arde F&M ��, uIsclosure oTPI!3bying Wctivities, in accordance with its instructions; As�rer uiredd b eC p u Frre W rk larcte t of 1988, and deflne�e te28 a Part Se�Ctions�6p 61 Od � t 8s, as The undersigns sh II require that the lar�guaile pf this cer- i cation b in I�Tde in t e aw rd documents toY Irsubawards at A I e ap li apt c rtifies that it will or will continue to provide a al tiers. inc�udin s�a grants, eontracte unc��er rant ar�d drug-irree wpOr'kp�aceeby: cog erativ �$reeMen s, nd su contrc s) an that a Sag recipients sha ce i y and ceisclose accordingly. (a P b ishin a stat ment notif In employees that the u law mar fa at istribution, is ntsi g ssessio qr use o a cond�ro�(e� su stance is ar �i en� 'inhek ngranee st ION,AND oTFiEK emp placeoyee o i atioyinq the actin❑ a wi be a e agains SS IH � employees or vidlatioh oT such prohibition; b Establi hin an ongoing drug-tree awareness program to As required by. Executive Ordd r ZZ5gg9, �7 barment nd orm emp�oye�s about- Sus engsi n,.anti implemented t Z C�K Prt 67. or ros ei c anw i r{mar� v red transactions, as detipinedpacf g art 7,�sc ion 7T (1)The dangers of drugs abuse in the workplace; A. The applicant certifies that it and its principals: (2)The grantee's policy of maintaining a drug-free workplace; 3 (a) Are not presently debarred, suspended, proposed for debar- slsPaynce programs;V8 mment declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntparily excluded fro y �41 The gr}alties that may b imwposlepcy ucegn employees for drug covered transactions b an Federal department or agency;; use v o a ions occurrin in a or a e; c Mak'n it a re it ment t at each employee to a en ed i b� Have no wroth n a then e-year pedriod reced�ng tt isoapplic tion hq�eiy6y apnceg pi i� gran be given cpy of he sta emen en conyic e o r h de a civi .u e t ren e e a ainnst tie re fired b ara ra al; oer commis ion of Wau r a cri i o ense in con ection wit s taining,asttempting to oeitain,or pe orming a e e1�np�oy�t�w}} em toe in the tatement eq fired b ra ra i a th t, as apcdync�it,on of empisoyment under tie grant, OJP FORM 4061/6(3-91)REPLACES OJP FORMS 4061/2,4062/3 AND 4061/4 WHICH ARE OBSOLETE. (1)Abide by the terms of the statement;and v�i latiooe o,aecrimlprioavecCrun str� ute occurri°nr bretheoworkplaoe no la er than flue calendar dais a�er such conVgietion; e Noti in the a enc , i writin with' c lendar days after e eiIhn ngotice IT�del�su� raaph. �s) taomh an emplo ee Check F h there are workplace on file that are not identified �r o wisp req( ev a ua notic o dsuc convlr�ti ere. mpio ers OTC nvlc m oy es st rovi otice, n u In ositio�i titl e a net otm s is , CeSfi e o� tic j�o ton hram 3tro Sk, gg n is a Me ue,.�1 W S cti n 67, 6330 f the r ulations 1�ov des.that a g ntee that i numb' t'of D P,: a ecteii a it e sha l Inc�ude the identification ay PSta�eA co ele � o.r�a one hcer6i a�o in, ach eder�J fi�C ( ) g for �eparten�o � Stice � e incC( atses atendeate pdgencles may elect to use Form e Tl'nq one, of the. followir� actions, within 30 Iendgr respect to any iemloyeei who Is so convi�terdgrap (d)( � wi Check F- if the State has elected to complete OJP Form 4061/7. 1 Taking apTro nr. to rsonnel .action a gin t such n re �ii��men spofthe�Rehac6il a��orie�Ct�o�t��n/3�a�ssastendedt ore DRUG-FREE WORKPLACE q (GRANTEES WHO ARE INDIVIDUALS) Requirinsuch emPloyee.io ipar? e satisfactorily i a drug As u e��dd by Ike pxu Fre W rkpla�e�4ct . 1988,tee and use as I an a e a ill atp ra a rove or suc A le e t 8 � eCpAu r t7, u� 5 ntees, as �u��ieeappropriateeagencyte, or o a ea h,�aw en orcement, de ine a art 6 ;S�ectlons and�r/.�f2� A. Asa o dition of the gr nt,.I certify that I will not engage in (g) Making a good faith effort to continue to maintain a drug-free the unlav u�manuf ctd ire, distribution, disdensingq posse workplace through implementation of paragraphs(a), (b), (c), (d), r use o a ontrol�e substance in con ition ri�activl y with (e),and (f). {fe grant;anc� The rante ma insert in t e pace, rovided elow t e ite B. If convinced of a criminal drug offense resulting.from a s) fo,r till erfiorm nce of wor sdone A connec ion wi tie violation occurring during the conduct of any qrant activity, I will eCi iC grark report the conviction, in writing, within 10 ca endar da s of the conviction,to: Department of Justice, Office of Justice Programs, Poadce� of Performance (Street address, city, country, state, zip D C 205 Control Desk, 633 Indiana Avenue, N.W., Washington, 31. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: 2. Application Number and/or Project Name 3. Grantee IRS/Vendor Number 4. Typed Name and Title of Authorized Representative 5. Signature 6. Date ROSTER OF LOCAL, STATE, OR FEDERAL AGENCY PERSONNEL ASSIGNED TO THE DEA TASK FORCE NAME OF AGENCY: Vernon Police Department 1. ATTACHMENT 2 City Council Agenda Item Report Agenda Item No. COV-388-2020 Submitted by: Jessica Balandran Submitting Department: Public Utilities Meeting Date: November 3, 2020 SUBJECT Supplemental Agreement with the Union Pacific Railroad Recommendation: Adopt Resolution No. 2020-41 approving and authorizing the execution of a Supplemental Agreement by and between the City of Vernon and Union Pacific Railroad Company to approve the City's intent to rebuild the existing overhead wireline crossing to 16.340kV. Background: On May 26, 2020, the City requested authorization from Union Pacific Railroad (Union Pacific) to rebuild an existing 7kV line to a 16kV line, that crosses over Union Pacific owned railroad tracks located on the east side of Downey Road just north of Fruitland Avenue. Union Pacific requires all electric lines crossing over railroads to be permitted and licensed by them. The existing overhead 7kV line was originally permitted and licensed through Union Pacific in April of 1986 through a License Agreement prepared by Union Pacific. The 7kV to 16kV rebuild is due to a customer request to increase electric service by customer, Southland Box Company(Southland Box), located at 4201 Fruitland Avenue. The identified overhead line is a lateral feed that provides service to a single distribution transformer which feeds Southland Box. The current 7kV load capacity cannot accommodate the new load increase, therefore the overhead line must be changed to a 16kV system. Union Pacific's practice to approve any changes or modifications to existing overhead lines is to provide a Supplemental Agreement for the work. The Supplemental Agreement, specifies the upgrade be complete within a one-year period and requires an administrative handling fee of$1 ,000, to be paid to Union Pacific for processing of the agreement. The City will incur the cost of the administrative handling fee as the customer, Southland Box, has already paid the City a significant amount of fees as part of the new electric service request. Furthermore, the upgrade is a benefit to the City's electric system for improved reliability and operational flexibility. Anyfuture upgrades or maintenance to the new line will be subject to the original Union Pacific License Agreement and are not changed by this Supplemental Agreement. Staff recommends that the City Council adopt the proposed resolution approving the Supplemental Agreement as required by Union Pacific to rebuild the 7kV line to 16kV line that cross over railroad tracks located on the east side of Downey Road just north of Fruitland Avenue. If the Supplemental Agreement is approved, work to upgrade the line will begin November 20, 2020 and will be complete by December 30, 2020. The resolution and Supplemental Agreement have been reviewed and approved as to form by the City Attorney's Office. Fiscal Impact: The fiscal impact of the upgrade including the administrative fee and labor are estimated at approximately$5,000. The costs associated with this project are included in the approved Public Utilities Department Fiscal Year 2000-2021 budget and will be charged to account 055.9100.5900000. Attachments: 1. Resolution No. 2020-41 RESOLUTION NO. 2020-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND UNION PACIFIC RAILROAD COMPANY TO APPROVE THE CITY'S INTENT TO REBUILD THE EXISTING OVERHEAD WIRELINE CROSSING TO 16.340KV SECTION 1. Recitals. A. The City of Vernon ("City") is a chartered municipal corporation of the State of California that owns and operates a system for the generation, purchase, transmission, distribution and sale of electric capacity and energy. B. The General Manager of Public Utilities has recommended that the City Council approve and authorize the execution of a Supplemental Agreement with the Union Pacific Railroad Company to rebuild the existing overhead wireline railroad tracks crossing to 16.340kV located on the east side of Downey Road just north of Fruitland Avenue and to pay the administrative fee for processing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 3. The City Council of the City of Vernon hereby approves the Supplemental Agreement with Union Pacific Railroad Company, in substantially the same form as attached hereto as Exhibit A. SECTION 4. The City Council of the City of Vernon hereby authorizes the City Administrator to execute said Supplemental Agreement for, and on behalf of, the City of Vernon and the City Clerk is hereby authorized to attest thereto. SECTION 5. The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized, including but not limited to, any non- substantive changes to the Supplemental Agreement attached herein. Resolution No. 2020-41 Page 2 of 20 SECTION 6. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. APPROVED AND ADOPTED this 3rd day of November, 2020. LETICIA LOPEZ, Mayor ATTEST: LISA POPE, City Clerk (seal) APPROVED AS TO FORM: ARNOLD M. ALVAREZ-GLASMAN, Interim City Attorney Resolution No.2020-41 Page 3 of 20 SUPPAGR.DOC 980220 Form Approved,AVP-Law Audit: A106726 Folder: 00503-36 SUPPLEMENTAL AGREEMENT THIS SUPPLEMENTAL AGREEMENT is entered into on the 3rd day of November , 20 20, between UNION PACIFIC RAILROAD COMPANY ("Licensor") and CITY OF VERNON, a Municipal Corporation in the State of California,whose address is 4305 Santa Fe Avenue,Vernon, California 90058 ("Licensee"). RECITALS: By instrument dated 4/18/1986, between the City of Vernon and Los Angeles & Salt Lake Railroad Company which was acquired by Licensor on 1/l/1988, entered into an agreement ("Basic Agreement"), with certain supplements thereto identified as Audit No. A106726, at FRUITLAND, CALIFORNIA. AGREEMENT: NOW,THEREFORE,IT IS AGREED by and between the parties hereto as follows: Article 1. SUBSTITUTION OF PRINT. The print dated July 09, 2020, attached hereto as Exhibit'A', shall be and hereby is substituted for the print dated May 12, 1988, attached to the Supplemental Agreement dated 5/12/1988, and from and after the effective date herein whenever the term Wireline is used in the Basic Agreement, or any amendment or supplement thereto (if any), such reference shall be deemed to refer to the Wireline as shown on Exhibit'A',hereto attached. Article 2. CONSENT TO WORK. This Supplemental Agreement will serve as notification that the Railroad Company approves of your intentions to rebuild the existing overhead wireline crossing to consist of three (3) 16.340kV wirelines in accordance with Exhibit A. Article 3. CONTRACTOR RIGHT OF ENTRY. If a contractor is to do any of the work performed on or about the Railroad Company's property, then Utility shall require its contractor to execute the Railroad Company's form Contractor's Right of Entry Agreement, EXHIBIT B. Utility acknowledges receipt of a copy of Contractor's Right of Entry Agreement and understanding its term, provisions and requirements, and will inform its contractor of the need to execute the Agreement. Under no circumstances will Utility's contractor be allowed on or about the Railroad Company's property without first executing the Contractor's Right of Entry Agreement. Supplemental Agreement-Union Pack Railroad Company Page 1 of 18 Resolution No.2020-41 Page 4 of 20 Article 4. NOTICE OF COMMENCEMENT OF WORK/RAILROAD REPRESENTATIVE /SUPERVISION/FLAGGING/SAFETY. If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as practicable to Railroad, by calling the Response Management Communication Center at (888) 877-7267 before commencing any work. In all other situations, the Licensee shall notify the Railroad at least ten (10) days (or such other time as the Railroad may allow) in advance of the commencement of any work upon property of the Railroad in connection with the construction,maintenance,repair, renewal, modification, reconstruction, relocation or removal of the Wireline. All such work shall be prosecuted diligently to completion. The Licensee will coordinate its initial and any subsequent work with the following employee of Railroad or his or her duly authorized representative (hereinafter "Railroad Representative" or"Railroad Representative"): Railpros Flagging up.info@railpros.com 877-315-0513 x 116 Jose A. Rubio Work Phone: (626)935-7681 Cell Phone: (562)318-4153 Email address: jarubio(a),up.com Article 5. EFFECTIVE DATE. This Supplemental Agreement shall be effective as of November 3,2020. Article 6. AGREEMENT SUPPLEMENT. Nothing in this Supplemental Agreement shall be construed as amending or modifying the Basic Agreement unless specifically provided herein. Article 7. ADMINISTRATIVE HANDLING CHARGE. Upon execution and delivery of this Supplemental Agreement, the Licensee shall pay to the Licensor an administrative handling charge of One Thousand DOLLARS($1,000.00). Supplemental Agreement-Union Pack Railroad Company Page 2 of 18 Resolution No.2020-41 Page 5 of 20 IN WITNESS WHEREOF, the parties have executed this Supplemental Agreement as of the day and year first written. UNION PACIFIC RAILROAD COMPANY VERNON,CITY OF By: By: Valerie Harrill Name Printed: Carlos Fandino Mgr II Real Estate Contracts Title: City Administrator ATTEST: Lisa Pope, City Clerk APPROVED AS TO FORM: Arnold M. Alvarez-Glasman, Interim City Attorney Supplemental Agreement-Union Pack Railroad Company Page 3 of 18 Resolution No.2020-41 PLACE ARROW INDICATING NORTH ®�]EIf$HEAD WIRELIKE Cl��tC�lfl�Tf� DIRECTION RELATIVE TO CROSSING �/ lv OVER�R / 5® VOLTS FORM DR-0404-H i Jle ® i JLs JL REV 10-26-2007 NOTE: ALL AVAILABLE DIMENSIONS MUST BE www.uprr.com FILLED IN TO FXPFDITE THIS APPLICATION. NO SCALE 11-1 (OR LEGAL SURVEY LINE, WHERE APPLICABLE) LINE SECTION—,TOWNSHIP_,RANGE—, MERIDIAN ® RR'S R/W 520 FT. 4760 FT. 934.1 FT. 428.17 FT. 1O 0 FT. 90 . 11 ' 49 o TO s (ANGLE OF CROSSING) TO Huntinqton Park (NEAREST R.R. TOWN) MAIN TRACK (NEAREST R.R. TOWN) District Ave.C/L Fruitland Ave.C/L (DESCRIBE FIXED OBJECT) (DESCRIBE FIXED OBJECT) (ES:219+92) FT. 0 FT. IDISTANCE ALONG TRACK FROM SECTION LINE CRO551NO1 Lat:33.997863 (NOTE: THIS DIMENSION REQUIRED IN ALL CASES. AT LOCATIONS NOT U51NG SECTIONS, DISTANCE Long:-118.204517 TO A LEGAL SURVEY LINE IS RFCUIRFD7 FT. SHOW PLACEMENT OF GUY ANCHORS 47 FT. I 36 FT. (M IN.4') 49.5 FT. 51.5FT. .� caourlD SURFACE '.n 1,r'TOP-OF-RAIL '3 RR SIGNAL R SUBGRAOE COMA. LINE •� I ROADBED ® 5 FT. 0 31_5 FT.�I-� 0 FT.� 25 FT. (MIN.50'1 0 25.8 FT. (M IN.50'1 CIRCUITS TO BE CARRIED ON PROPOSED WIRELINE NO. OF VOLTAGE TO VOLTAGE TO NO. OF SOLID OR CIRCUITS GROUND(KV) VOLTAGE(KV) PHASES WIRES GAUGE MATERIAL STRANDED HEIGHT NOTES .1 9.434 16.340 3 3 336 ACSR STRANDED 49.5 A) DISTRIBUTION LINE DISTRIBUTION LINE EXHIBIT "A"B) IS THERE A SIGNAL OR COMMUNICATION POLELINE NEAR THE TRACKS? YES FOR RAILROAD D❑5E ONLY J�-1DO NOT WRITE IN THIS BOX) C) MAXIMUM GROUND CURRENT AT FEED: AMPS. AT LOAD:50.7 AMPS. D) WHAT TYPE OF FACILITY WILL LINE BE SERVING? INDUSTRIAL UNION PACIFIC RAILROAD CO. E) IF A NEW POWER SUBSTATION IS TO BE BUILT WITHIN I/2 MILE OF RR, WHAT 15 MAX: OPERATING CURRENT TO GROUND? AMPS: RESISTANCE TO GROUND? OHMS; San Pedro Sub. FAULT CURRENT TO GROUND? AMPS. (SUBDIVISION) F) GROUND WIRE: SIZE 0 ;MATERIAL N/A ;SOLID OR STRANDED SOLID G) CROSSING SPAN: LENGTH$33FT.; NORMAL CONDUCTOR SAG 24 IN. AT 70 -F. M. P. 4.10 E. S. 215+63.83 H) ADJOINING SPANS: LENGTH FT.; NORMAL CONDUCTOR SAG IN. AT •F. LENGTH FT.; NORMAL CONDUCTOR SAG IN. AT F. OVERHEAD WIRELINE CROSSING I) POLE I: TIMBER LENGTH 60 FT. DEPTH OF SETTINGS FT. VERNON LOSANGELES CA HEIGHT ABOVE GROUND 52 FT. (NEAREST RR STATION) (COUNTY) (STATEI CLASS OR BUTT AND TOP DIMENSIONS 1 POLE 2! TIMBER LENGTH 60 FT. DEPTH OF SETTINGS FT. FOR VERNON PUBLIC UTILITIES HEIGHT ABOVE GROUND 52 FT. 4MPI_ICANT) CLASS OR BUTT AND TOP DIMENSIONS 22 (IF STEEL TOWERS ARE EMPLOYED, FURNISH DETAIL DRAWINGS) RR FILE NO.0503-36 D A T F 7/9/2020 J) HEAD GUYS: NUMBER ON EACH POLE 1 ; SIZE OR STRENGTH 15400; LEAD 25 K) SIDE GUYS: NUMBER EACH WAY 1 ; SIZE OR STRENGTH15400; LEAD54—. W A R N I N G L) CROSSARMS: SINGLE OR DOUBLE DOUBLE;MATERIAL DOU A(;I AS FIR ;SIZEIO—BY IN LL OCCASIONS, U. P. COMMUNICATIONS DEPARTMENT MUST BE M) INSULATORS: PIN OR SUSPENSION PIN ;MANUFACTURER'5 AND CATALOGUE NO.hendn.hp -34�Q CTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND N) CONDUCTOR ATTACHMENT: TIES OR CLAMPS CLAMPS LOCATION OF FIBER OPTIC CABLE. PHONE: I- 900-336-9193 0) APPLICANT HAS CONTACTED I-800-336-9193, U.P. COMMUNICATION DEPARTMENT, AND HAS DETERMINED FIBER OPTIC CABLE EXIST IN VICINITY OF WORK TO BE PERFORMED. TICKET NO. P) IF POWER LINE PARALLELS TRACK WITHIN I/2 MILE, INCLUDE DIAGRAM SHOWING SPACING AND CONFIGURATION OF WIRES INCLUDING SHIELD WIRES. Supplemental Agreement-Union Pacifc Railroad Company Page 4 of 18 Resolution No.2020-41 Page 7 of 20 Folder: 00503-36 To the Contractor: Before Union Pacific Railroad Company can permit you to perform work on its right of way, it will be necessary to complete two originals of the enclosed Right of Entry Agreement as follows: 1. Fill in the complete legal name of the contractor in the space provided on Page 1 of the Contractor's Right of Entry Agreement. 2. Fill in the name of the contractor in the space provided in the signature block at the end of the Contractor's Right of Entry Agreement. If the contractor is a corporation, the person signing on its behalf must be an elected corporate officer. 3. Please print two copies, execute on your behalf and return ALL DOCUMENTS with a check for any payments required, as shown below to 1400 Douglas Street, Omaha, NE 68137-1690 Attn: Valerie Harrill. 4. Check, with Folder No. 00503-36 written on the front, made payable to the Union Pacific Railroad Company in the amount of ONE THOUSAND DOLLARS ($1,000.00). If you require formal billing, you may consider this letter as a formal bill. hi compliance with the Internal Revenue Service's new policy regarding their Form 1099, 1 certify that 94-6001323 is the Railroad Company's correct Federal Taxpayer Identification Number and that UNION PACIFIC RAILROAD COMPANY is doing business as a corporation. 5. Railroad Protective Liability Insurance (RPLI) certificate listing folder number 00503-36. Only one RPI certificate is required and must be on a separate certificate from your general liability insurance. After approval of the Right of Entry Agreement and insurance certificate, one fully-executed counterpart of the Agreement will be returned to you. In no event should you begin work until you have received your counterpart of the fully-executed Agreement. Sincerely, Valerie Harrill Mgr II Real Estate Contracts -Real Estate Supplemental Agreement-Union Pack Railroad Company Page 5 of 18 Resolution No.2020-41 Page 8 of 20 EXHIBIT B TO SUPPLEMENTAL AGREEMENT Folder No.00503-36 Form Approved,AVP-Law 09/01/2018 CONTRACTOR'S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into as of the by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, ("Railroad") and ,("Contractor"), to be addressed at RECITALS: The Contractor has been hired by City of Vernon to rebuild existing overhead 16.340kV wireline crossing(the "work"), with all or a portion of such work to be performed on property of Railroad at Mile Post 4.1, on the San Pedro Subdivision at or near FRUITLAND, Los Angeles County, California. pursuant to a Supplemental Agreement between Railroad and Vemon,City Of with an effective date of 7/13/2020 at such location as shown on the print marked Exhibit A attached hereto and hereby made a part hereof. Railroad is willing to permit Contractor to perform the work described above at the location described above subject to the terms and conditions contained in this Agreement. AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the Railroad and Contractor, as follows: Article I. DEFINITION OF CONTRACTOR. For purposes of this Agreement, all references in this Agreement to the Contractor shall include Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. Article II. RIGHT GRANTED; PURPOSE. Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals for the purpose of performing any work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representative named in Article IV, and is strictly limited to the scope of work identified to the Railroad, as determined by the Railroad in its sole discretion, and for no other purpose. Supplemental Agreement-Union Pack Railroad Company Page 6 of 18 Resolution No.2020-41 Page 9 of 20 Article III. TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND C. The terms and conditions contained in Exhibit B and C, attached hereto, are hereby made a part of this Agreement. Article IV. ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE. A. Contractor shall bear any and all costs and expenses associated with any work performed by Contractor,or any costs or expenses incurred by Railroad relating to this Agreement. B. Contractor shall coordinate all of its work with the following Railroad representative or his or her duly authorized representative(the "Railroad Representative"): UP.infonxailpros.com Jose A. Rubio (877)-315-0513 x. 116 Work Phone: (626)935-7681 Cell Phone: (562)318-4153 Email address: jarubio@up.com C. Contractor, at its own expense, shall adequately police and supervise all work to be performed by Contractor and shall ensure that such work is performed in a safe manner as set forth in Section 7 of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's work shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the work, or by Railroad's collaboration in performance of any work, or by the presence at the work site of a Railroad Representative, or by compliance by Contractor with any requests or recommendations made by Railroad Representative. Article V. TERM; TERMINATION. A. The grant of right herein made to Contractor shall commence on the date of this Agreement, and continue for one(1)year from 7/13/2020,unless sooner terminated as herein provided, or at such time as Contractor has completed its work on Railroad's property,whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its work on Railroad's property. B. This Agreement may be terminated by either party on ten (10) days written notice to the other party. Article VI. CERTIFICATE OF INSURANCE. A. Only upon request, Contractor will provide Railroad with the insurance binders,policies, certificates and/or endorsements set forth in Exhibit C of this Agreement. Supplemental Agreement-Union Pack Railroad Company Page 7 of 18 Resolution No.2020-41 Page 10 of 20 B. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to: Folder No: 00503-36 Union Pacific Railroad Company 1400 Douglas Street STOP 1690 Omaha,Nebraska 68179-1690 Article VII. CHOICE OF FORUM. Litigation arising out of or connected with this Agreement may be instituted and maintained in the courts of the State of California only, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation, in those courts, and consent to service of process issued by such courts. Article VIII. DISMISSAL OF CONTRACTOR's EMPLOYEE. At the request of Railroad, Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad's property. Article IX. ADMINISTRATIVE FEE. Upon the execution and delivery of this Agreement, Contractor shall pay to Railroad One Thousand Dollars ($1,000.00) as reimbursement for clerical, administrative and handling expenses in connection with the processing of this Agreement. Article X. CROSSINGS. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad. Supplemental Agreement-Union Pack Railroad Company Page 8 of 18 Resolution No.2020-41 Page 11 of 20 Article XI. EXPLOSIVES. Explosives or other highly flammable substances shall not be stored on Railroad's property without the prior written approval of Railroad. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY By: Valerie Harrill (Contractor Name) Mgr II Real Estate Contracts By Name: Title: Telephone: Email: Supplemental Agreement-Union Pack Railroad Company Page 9 of 18 Resolution No.2020-41 PLACE ARROW INDICATING NORTH ®�]EIf$HEAD WIRELIKE Cl��tC�lfl�Tf� DIRECTION RELATIVE TO CROSSING �/ lv OVER�R / 5® VOLTS FORM DR-0404-H i Jle ® i JLs JL REV 10-26-2007 NOTE: ALL AVAILABLE DIMENSIONS MUST BE www.uprr.com FILLED IN TO FXPFDITE THIS APPLICATION. NO SCALE (OR LEGAL SURVEY LINE, WHERE APPLICABLE) LINE SECTION—,TOWNSHIP_,RANGE—, MERIDIAN 520 FT. 4760 FT. 7,� 934.1 FT. 428.17 FT. 0 FT. g0 • 11 49 ^ o (ANGLE OF CROSSING) TO Huntington Park(NEAREST R.R. TOWN) MAIN TRACK (NEAREST R.R. TOWN) District Ave.C/L Fruitland Ave.C/L (DESCRIBE FIXED OBJECT] 4DE5CRI BE FI KID OBJECT) (ES:219+92) FT. 0 FT. IDISTANCE ALONG TRACK FROM SECTION LINE CRO551NO1 Lat:33.997863 (NOTE: THIS DIMENSION REQUIRED IN ALL CASES. AT LOCATIONS NOT U51NG SECTIONS, DISTANCE Long:-118.204517 TO A LEGAL SURVEY LINE IS RFCUIRFD7 FT. SHOW PLACEMENT OF GUY ANCHORS 47 FT. I 36 FT. (M IN.4') 49.5 FT. 51.5FT. .� caourlD SURFACE ,r'TOP-OF-RAIL '3 RR SIGNAL R 1 SUBGRADE COW. LINE •� I ROADBED ® 0 FT. 0 31_5 FT. o 0 FT.� 25 FT. (MIN.50'1 0 25.8 FT. (M IN.50'1 CIRCUITS TO BE CARRIED ON PROPOSED WIRELINE NO. OF VOLTAGE TO VOLTAGE TO NO. OF SOLID OR CIRCUITS GROUND(KV) VOLTAGE(KV) PHASES WIRES GAUGE MATERIAL STRANDED HEIGHT NOTES .1 9.434 16.340 3 3 336 ACSR STRANDED 49.5 A) DISTRIBUTION LINE DISTRIBUTION LINE EXHIBIT "A"B) IS THERE A SIGNAL OR COMMUNICATION POLELINE NEAR THE TRACKS? YES FOR RAILROAD D❑5E ONLY J�-1DO NOT WRITE IN THIS BOX) C) MAXIMUM GROUND CURRENT AT FEED: AMPS. AT LOAD:50.7 AMPS. D) WHAT TYPE OF FACILITY WILL LINE BE SERVING? INDUSTRIAL UNION PACIFIC RAILROAD CO. E) IF A NEW POWER SUBSTATION IS TO BE BUILT WITHIN 1/2 MILE OF RR, WHAT 15 MAX: OPERATING CURRENT TO GROUND? AMPS: RESISTANCE TO GROUND? OHMS; San Pedro Sub. FAULT CURRENT TO GROUND? AMPS. (SUBDIVISION) F) GROUND WIRE: SIZE 0 ;MATERIAL N/A ;SOLID OR STRANDED SOLID G) CROSSING SPAN: LENGTH$33FT.; NORMAL CONDUCTOR SAG 24 IN. AT 70 -F. M. P. 4.10 E. S. 215+63.83 H) ADJOINING SPANS: LENGTH FT.; NORMAL CONDUCTOR SAG IN. AT •F. LENGTH FT.; NORMAL CONDUCTOR SAG IN. AT F. OVERHEAD WIRELINE CROSSING I) POLE I: TIMBER LENGTH 60 FT. DEPTH OF SETTINGS FT. VERNON LOSANGELES CA HEIGHT ABOVE GROUND 52 FT. (NEAREST RR STATION) (COUNTY) (STATE] CLASS OR BUTT AND TOP DIMENSIONS 1 POLE 2! TIMBER LENGTH 60 FT. DEPTH OF SETTINGS FT. FOR VERNON PUBLIC UTILITIES HEIGHT ABOVE GROUND 52 FT. (AvruCANT) CLASS OR BUTT AND TOP DIMENSIONS 22 (IF STEEL TOWERS ARE EMPLOYED, FURNISH DETAIL DRAWINGS) RR FILE NO.0503-36 D A T F 7/9/2020 J) HEAD GUYS: NUMBER ON EACH POLE 1 ; SIZE OR STRENGTH 15400; LEAD 25 K) SIDE GUYS: NUMBER EACH WAY 1 ; SIZE OR STRENGTH15400; LEAD54—. W A R N I N G L) CROSSARMS: SINGLE OR DOUBLE DOUBLE;MATERIAL DOU A(;I AS FIR ;SIZEIO—BY IN LL OCCASIONS, U. P. COMMUNICATIONS DEPARTMENT MUST BE M) INSULATORS: PIN OR SUSPENSION PIN ;MANUFACTURER'5 AND CATALOGUE NO.hendn.hp -34 Q CTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND N) CONDUCTOR ATTACHMENT: TIES OR CLAMPS CLAMPS LOCATION OF FIBER OPTIC CABLE. PHONE: 1- 900-336-9193 0) APPLICANT HAS CONTACTED 1-800-336-9193, U.P. COMMUNICATION DEPARTMENT, AND HAS DETERMINED FIBER OPTIC CABLE EXIST IN VICINITY OF WORK TO BE PERFORMED. TICKET NO. P) IF POWER LINE PARALLELS TRACK WITHIN 1/2 MILE, INCLUDE DIAGRAM SHOWING SPACING AND CONFIGURATION OF WIRES INCLUDING SHIELD WIRES. Supplemental Agreement-Union Pacifc Railroad Company Page 10 of 18 Resolution No.2020-41 Page 13 of 20 Form Approved,AVP-Law 09/01/2018 EXHIBIT B To CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Section 1. NOTICE OF COMMENCEMENT OF WORK-FLAGGING. A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its work and at least ten (10) working days in advance of proposed performance of any work by Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason,unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such ten (10)-day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this Agreement. B. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. C. Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Supplemental Agreement-Union Pack Railroad Company Page 11 of 18 Resolution No.2020-41 Page 14 of 20 Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements,Contractor must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional ten (10) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS. A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least fifty (50) feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings. B. Operations of Railroad and work performed by Railroad personnel and delays in the work to be performed by Contractor caused by such railroad operations and work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any work to be performed by Contractor. Section 4. LIENS. Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such work performed. Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to Supplemental Agreement-Union Pack Railroad Company Page 12 of 18 Resolution No.2020-41 Page 15 of 20 be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense. Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall telephone Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. Contractor shall not commence any work until all such protection or relocation(if applicable)has been accomplished. B. In addition to other indemnity provisions in this Agreement, Contractor shall indemnify, defend and hold Railroad harmless from and against all costs, liability and expense whatsoever (including,without limitation, attorneys' fees, court costs and expenses) arising out of any act or omission of Contractor, its agents and/or employees, that causes or contributes to (1) any damage to or destruction of any telecommunications system on Railroad's property, and/or(2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Railroad's property. Contractor shall not have or seek recourse against Railroad for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Railroad's property or a customer or user of services of the fiber optic cable on Railroad's property. Section 6. PERMITS-COMPLIANCE WITH LAWS. In the prosecution of the work covered by this Agreement, Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without limitation, all applicable Federal Railroad Administration regulations. Section 7. SAFETY. A. A. Safety of personnel,property,rail operations and the public is of paramount importance in the prosecution of the work performed by Licensee or its contractor. Licensee shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the work. Licensee and its contractor shall at a minimum comply with Licensor's then current safety standards located at www.up.com/cs/groups/public/@uprr/@suppliers/documents/up_pdf nativedocs/pdf up_supplier safety_req.pdf B. to ensure uniformity with the safety standards followed by Licensor's own forces. As a part of Licensee's safety responsibilities, Licensee shall notify Licensor if it determines that any of Licensor's safety standards are contrary to good safety practices. Licensee and its contractor shall furnish copies of each of its employees before they enter the job site. B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job. C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Contractor shall promptly notify Supplemental Agreement-Union Pack Railroad Company Page 13 of 18 Resolution No.2020-41 Page 16 of 20 Railroad of any U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work. D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work(the "Safety Plan"). Railroad shall have the right,but not the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety Plan. Section 8. INDEMNITY. A. To the extent not prohibited by applicable statute, Contractor shall indemnify, defend and hold harmless Railroad, its affiliates, and its and their officers, agents and employees ("Indemnified Parties") from and against any and all loss, damage, injury, liability, claim, demand, cost or expense (including, without limitation, attorney's, consultant's and expert's fees, and court costs), fine or penalty (collectively, "Loss") incurred by any person (including, without limitation, any Indemnified Party, Contractor, or any employee of Contractor or of any Indemnified Party) arising out of or in any manner connected with (i) any work performed by Contractor, or (ii) any act or omission of Contractor, its officers, agents or employees, or(iii) any breach of this agreement by Contractor. B. The right to indemnity under this Section 8 shall accrue upon occurrence of the event giving rise to the Loss, and shall apply regardless of any negligence or strict liability of any Indemnified Party, except where the Loss is caused by the sole active negligence of an Indemnified Party as established by the final judgment of a court of competent jurisdiction. The sole active negligence of any Indemnified Party shall not bar the recovery of any other Indemnified Party. C. Contractor expressly and specifically assumes potential liability under this Section 8 for claims or actions brought by Contractor's own employees. Contractor waives any immunity it may have under worker's compensation or industrial insurance acts to indemnify Railroad under this Section 8. Contractor acknowledges that this waiver was mutually negotiated by the parties hereto. D. No court or jury findings in any employee's suit pursuant to any worker's compensation act or the Federal Employers' Liability Act against a party to this Agreement may be relied upon or used by Contractor in any attempt to assert liability against Railroad. E. The provisions of this Section 8 shall survive the completion of any work performed by Contractor or the termination or expiration of this Agreement. In no event shall this Section 8 or any other provision of this Agreement be deemed to limit any liability Contractor may have to any Indemnified Party by statute or under common law. Section 9. RESTORATION OF PROPERTY. In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the work to be performed by Contractor,then in that event Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools,equipment,rubbish and other materials from Railroad's property promptly upon completion of the work,restoring Railroad's property to the same state and condition as when Contractor entered thereon. Supplemental Agreement-Union Pack Railroad Company Page 14 of 18 Resolution No.2020-41 Page 17 of 20 Section 10. WAIVER OF DEFAULT. Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default. Section 11. MODIFICATION-ENTIRE AGREEMENT. No modification of this Agreement shall be effective unless made in writing and signed by Contractor and Railroad. This Agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work to be performed by Contractor. Section 12. ASSIGNMENT-SUBCONTRACTING. Contractor shall not assign or subcontract this Agreement, or any interest therein,without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors,and shall require all subcontractors to maintain the insurance coverage required to be maintained by Contractor as provided in this Agreement, and to indemnify Contractor and Railroad to the same extent as Railroad is indemnified by Contractor under this Agreement. Supplemental Agreement-Union Pack Railroad Company Page 15 of 18 Resolution No.2020-41 Page 18 of 20 Form Approved,AVP-Law 09/01/2018 EXHIBIT C Union Pacific Railroad Company Insurance Provisions For Contractor's Right of Entry Agreement Contractor shall, at its sole cost and expense, procure and maintain during the course of the Project and until all Project work on Railroad's property has been completed and the Contractor has removed all equipment and materials from the Railroad's property and has cleaned and restored Railroad's property to Railroad's satisfaction,the following insurance coverage: A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate ofinsurance: Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing"Union Pacific Railroad Company Property"as the Designated Job Site. B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 O1 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less$2,000,000 for each accident. The policy must contain the following endorsements,which must be stated on the certificate of insurance: Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or substitute form providing equivalent coverage) showing"Union Pacific Property"as the Designated Job Site. Motor Carrier Act Endorsement—Hazardous materials clean up(MCS-90)if required by law. C. Workers Compensation and Employers Liability insurance. Coverage must include but not be limited to: Contractor's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement. Employers' Liability(Part B)with limits of at least$500,000 each accident, $500,000 disease policy limit $500,000 each employee. Supplemental Agreement-Union Pack Railroad Company Page 16 of 18 Resolution No.2020-41 Page 19 of 20 If Contractor is self-insured, evidence of state approval and excel workers compensation coverage must be provided. Coverage must include liability arising out of the U.S. Longshoremen's and Harbor Workers' Act,the Jones Act, and the Outer Continental Shelf Land Act,if applicable. The policy must contain the following endorsement, which must be stated on the certificate of insurance: Alternate Employer endorsement ISO form WC 00 03 01 A (or a substitute form providing equivalent coverage) showing Railroad in the schedule as the alternate employer (or a substitute form providing equivalent coverage). D. Railroad Protective Liability insurance. Contractor must maintain Railroad Protective Liability insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of$6,000,000. A binder stating the policy is in place must be submitted to Railroad before the work may be commenced and until the original policy is forwarded to Railroad. E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must"follow form"and afford no less coverage than the primary policy. F. Pollution Liability insurance. Pollution Liability coverage must be included when the scope of the work as defined in the Agreement includes installation, temporary storage, or disposal of any "hazardous" material that is injurious in or upon land, the atmosphere, or any watercourses; or may cause bodily injury at any time. Pollution liability coverage must be written on ISO form Pollution Liability Coverage Form Designated Sites CG 00 39 12 04 (or a substitute form providing equivalent liability coverage), with limits of at least$5,000,000 per occurrence and an aggregate limit of$10,000,000. If the scope of work as defined in this Agreement includes the disposal of any hazardous or non- hazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising form the insured facility accepting the materials, with coverage in minimum amounts of$1,000,000 per loss, and an annual aggregate of$2,000,000. Other Requirements G. All policy(ies) required above (except worker's compensation and employers liability) must include Railroad as "Additional Insured"using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 26, and CA 20 48 provide coverage for Railroad's negligence whether sole or partial, active or passive, and shall not be limited by Contractor's liability under the indemnity provisions of this Agreement. H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless the law governing this Agreement prohibits all punitive damages that might arise under this Agreement. Supplemental Agreement-Union Pack Railroad Company Page 17 of 18 Resolution No.2020-41 Page 20 of 20 I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees. This waiver must be stated on the certificate of insurance. J. Prior to commencing the work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this Agreement. K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s)in which the work is to be performed. L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor,including,without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage. Supplemental Agreement-Union Pack Railroad Company Page 18 of 18 City Council Agenda Item Report Agenda Item No. COV-395-2020 Submitted by: Scott Williams Submitting Department: Finance/Treasury Meeting Date: November 3, 2020 SUBJECT Addendum to Professional Auditing Services Agreement with White Nelson Diehl Evans, LLP Recommendation: Approve and authorize the City Administrator to execute an addendum, in substantially the same form as submitted, to the current agreement with White Nelson Diehl Evans, LLP for professional audit services to reflect a name change for the firm. Background: On May 5, 2020, the City Council authorized the City Administrator to execute a professional services agreement for a not-to-exceed amount of$330,375 with the public accounting firm White Nelson Diehl Evans LLC (WNDE) to perform annual audits of the financial statements of the City of Vernon and its Enterprise Funds. Recently, White Nelson Diehl Evans LLC advised the City of its intention to join the national professional services firm CLA (CliftonLarson Allen) on November 1, 2020. The service to the City of Vernon will continue to be provided by the partners, managers and staff from the Irvine office. Services from CLA (formerly White Nelson Diehl Evans LLC)will continue per the scope and schedule of fees per the current three-year agreement. The proposed Addendum to the WNDE Services Agreement acknowledges the service provider's name change and advises that all terms and conditions of the existing agreement will remain unchanged. The CityAttorney's Office has reviewed and approved the addendum as to form. Fiscal Impact: There is no fiscal impact associated with this report. Attachments: 1. Addendum to WNDE Contract for Professional Services 2. Notice of WNDE Name Change Addendum to Contract for Professional Services with White Nelson Diehl Evans LLP Pursuant to the terms of the combination of CliftonLarsonAllen LLP ("CLA")with White Nelson Diehl Evans LLP ("WNDE") effective November 1, 2020, CLA has legally assumed and will fully perform all future (but not prior) contractual obligations under existing agreements between WNDE and WNDE's clients, including WNDE's existing agreement(s) with the City of Vernon, a California charter City and California municipal corporation ("City"). For purposes of such future obligations, only the service provider's name will be changed from WNDE to CliftonlarsonAllen LLP. All terms and conditions in the original WNDE contract will remain unchanged. Any future payments under this contract should be made payable to CliftonlarsonAllen and mailed to the same address: 2875 Michelle Drive, Suite 300, Irvine, CA 92606. Please sign below as acknowledgement and agreement with this addendum. White Nelson Diehl Evans LLP, Partner, and Current CliftonLarsonAllen Principal Robert J. Callanan, Partner Date City of Vernon Carlos R. Fandino, Jr. City Administrator Date ATTEST Lisa Pope, City Clerk APPROVED AS TO FORM Arnold M. Alvarez-Glasman, Interim City Attorney NelsonWNDE White Diehl Evans LLP ADVISORY I AUDIT October 14, 2020 White Nelson Diehl Evans,LLP(WNDE)intends to join national professional services firm CLA(Clifton Larson Allen) on November 1,2020. As one of the nation's leading professional services firm, CLA has retained the agility to serve clients of all sizes and locations,while expanding service offerings to clients. CLA has a national presence in the state and local government sector and CLA has 120 locations, 6200 people and serves approximately 3,400 governmental entities and is the largest Single Audit provider in the nation. The service to your local government will continue to be provided by the partners,managers and staff from our Irvine office. It is our intention that this transition will be seamless as it relates to the services we are currently providing to your local government. � dd",edJ &/-,) 2875 Michelle Drive, Suite 300 1 Irvine, California 92606 1 WNDECPA.com 1 714.978.1300 City Council Agenda Item Report Agenda Item No. COV-394-2020 Submitted by: Scott Williams Submitting Department: Finance/Treasury Meeting Date: November 3, 2020 SUBJECT Services Agreement with BLX Group LLC for Financial Advisory Services Recommendation: Approve and authorize the City Administrator to execute a services agreement with BLX Group LLC for Financial Advisory Services, in substantially the same form as submitted, in an amount not to exceed $600,000, for a three-year agreement effective November 3, 2020 for financial advisory services. Background: The Finance Department is requesting approval to award a Services Agreement to BLX Group LLC (BLX)for ongoing general consulting, planning and advisory services; services directly related to debt/derivative/investment transactions; executing a debt strategy, and regulatory, management, and oversight services. BLX is a registered municipal advisor offering financial advisory, interest rate swap advisory, and post debt issuance compliance services associated with requirements imposed by the IRS and SEC. As an independent and unbiased advisor, BLX's primary objective is to advocate for and educate while assisting in structuring City financing to achieve low cost of capital at the terms best suited to City's debt policies and strategic objectives. In order to select an appropriate firm to provide the aforementioned services, a Request for Proposals (RFP)was issued on August 25, 2020 via the City website and sent out to ten (10)firms known to provide Financial Advisory Services to California cities and who were known to have experience in Municipal Bond issuances. The deadline to submit proposals was September 8, 2020 and three (3) proposal were received. The three (3)firms that responded were BLX Group LLC, PFM Financial Advisory LLC, and Urban Futures Inc. Each firm's RFP response was examined on the basis of four weighted RFP criterion of: Cost and Fees 30%, References 20%, Qualifications 40%, and Responsiveness 10%. A review panel evaluated the three (3) proposals received from qualified respondents in order to determine the vendor best suited to provide the services requested. A comprehensive, fair, and impartial evaluation of proposals was conducted in accordance with the specifications set forth within the RFP document. Established criteria were used in reviewing and comparing the proposals to determine the most suitable firm. At the conclusion of the assessment, it was determined that BLX was the most compatible choice for the award of the services agreement for Financial Advisory Services. BLX was the top ranked respondent due to their years of experience in the industry, exceptional qualifications, and their ability to offer quality service at a competitive price. It is, therefore, recommended that City Council approve and authorize the City Administrator to execute a services agreement with BLX. The proposed agreement has been reviewed and approved by the City Attorney s Office. Fiscal Impact: The total not to exceed value of the agreement with BLX Group LLC is $200,000 per year for a three-year term, equating to a total contract value of$600,000. These costs are variable (hourly per the scope of the agreement) and based on the estimated hours per year for compliance reporting for existing bonds. If new bonds are issued by the City, an amendment may be required based on bond issuance costs. If necessary, these costs would be included in the cost of issuance at the time of a new bond and/or refunding of an existing bond. Funds for financial advisory services have been budgeted under Financial Advisory Services account 055.9000.595200 and will be budgeted in subsequent years. Attachments: 1. Financial Advisory Services Agreement with BLX Group LLC SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND BLX GROUP LLC FOR FINANCIAL ADVISORY SERVICES COVER PAGE Contractor: BLX Group LLC Responsible Principal of Contractor: Craig Underwood, President Notice Information - Contractor: BLX Group LLC 777 S. Figueroa Street, Suite 3200 Los Angeles, CA 90017 Attention: Craig Underwood, President Phone: (213)612-2463 Email: cunderwood@blxgroup.com Notice Information - City: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention: Scott Williams, Finance Director Telephone: (323) 583-8811 ext. 849 Email: swilliams@ci.vernon.ca.us Commencement Date: November 3, 2020 Termination Date: November 2, 2023 Consideration: Total not to exceed $200,000 per fiscal year or a grand total of$600,000 for three years (includes all applicable sales tax); and more particularly described in Exhibit B Records Retention Period Three (3) years, pursuant to Section 11.20 1 SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND BLX GROUP LLC FOR FINANCIAL ADVISORY SERVICES This Contract is made between the City of Vernon ("City"), a California charter City and California municipal corporation ("City"), and BLX Group LLC, a limited liability company ("Contractor"). The City and Contractor agree as follows: 1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the City Council on November 3, 2020. 2.0 SCOPE OF SERVICES. 2.1 Contractor shall perform all work necessary to complete the services set forth in the City's Request for Proposals issued on or about August 25, 2020 and titled Financial Advisory Services, and Contractor's proposal to the City ("Proposal") dated September 8, 2020, Exhibit "A", a copy which is attached to and incorporated into this Contract by reference. 2.2 All services shall be performed to the satisfaction of City. 2.3 All services shall be performed in a competent, professional, and satisfactory manner in accordance with the prevailing industry standards for such services. 3.0 PERSONNEL. 3.1 Contractor represents that it employs, or will employ, at its own expense, all personnel required to perform the services under this Contract. 3.2 Contractor shall not subcontract any services to be performed by it under this Contract without prior written approval of City. 3.3 All of the services required hereunder will be performed by Contractor or by City-approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City. 4.0 TERM. 2 The term of this Contract shall commence on November 3, 2020, and it shall continue until November 2, 2023, unless terminated at an earlier date pursuant to the provisions thereof. 5.0 COMPENSATION AND FEES. 5.1 Contractor has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in and around Los Angeles County for the same services. For satisfactory and timely performance of the services, the City will pay Contractor in accordance with the payment schedule set forth in Exhibit "B" attached hereto and incorporated herein by reference. 5.2 Contractor's grand total compensation for the entire term of this Contract, shall not exceed $200,000 per fiscal year or a grand total of$600,000 for three years, without the prior authorization of the City, as appropriate, and written amendment of this Contract. 5.3 Contractor shall, at its sole cost and expense, furnish all necessary and incidental labor, material, supplies, facilities, equipment, and transportation which may be required for furnishing services pursuant to this Contract. Materials shall be of the highest quality. The above Contract fee shall include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related costs and expenses. 5.4 City shall reimburse Contractor only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Contractor: 5.4.1 The actual costs of subcontractors for performance of any of the services that Contractor agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. 5.4.2 Approved reproduction charges. 3 5.4.3 Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement. 5.5 Contractor shall not receive any compensation for extra work performed without the prior written authorization of City. As used herein, "extra work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Compensation for any authorized extra work shall be paid in accordance with the payment schedule as set forth in Exhibit "B," if the extra work has been approved by the City. 5.6 Licenses, Permits, Fees, and Assessments. Contractor shall obtain, at Contractor's sole cost and expense, such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for the performance of the Services by this Agreement. 6.0 PAYMENT. 6.1 As scheduled services are completed, Contractor shall submit to the City an invoice for the services completed, authorized expenses, and authorized extra work actually performed or incurred according to said schedule. 6.2 Each such invoice shall state the basis for the amount invoiced, including a detailed description of the services completed, the number of hours spent, reimbursable expenses incurred and any extra work performed. 6.3 Contractor shall also submit a progress report with each invoice that describes in reasonable detail the services and the extra work, if any, performed in the immediately preceding calendar month. 4 6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment. 6.5 City will pay Contractor the amount invoiced within thirty (30) days after the City approves the invoice. 6.6 Payment of such invoices shall be payment in full for all services, authorized costs, and authorized extra work covered by that invoice. 7.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services; and will give any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's services. 8.0 COORDINATION OF SERVICES. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants, and other staff at all reasonable times. 9.0 INDEMNITY. Contractor agrees to indemnify City, its officers, elected officials, employees and agents against, and will hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein "claims or liabilities"), including but not limited to professional negligence, that may be asserted or claimed by any person, firm or entity arising out of or in connection with the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the acts or omissions of Contractor hereunder, or arising from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Agreement, except to the extent such claims or liabilities arise from the gross negligence or willful misconduct of City, its officers, elected officials, agents or employees. 10.0 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 5 coverage. i. Automobile Liability with minimum limits of at least$1,000,000 combined single limit, including owned, hired, and non-owned liability coverage. ii. 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. iii. General Liability with minimum limits of at least$1,000,000 per occurrence and $2,000,000 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. (1) 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. (2) 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 6 the performance of the services. iv. Professional 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. V. Contractor shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. In addition, Contractor shall require each subcontractor to similarly maintain workers' compensation insurance in accordance with the laws for California for all of the subcontractor's employees. Compliance is accomplished in one of the following manners: (1) Provide copy of permissive self-insurance certificate approved by the State of California; or (2) Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability Insurance with a minimal limit of$1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Contract; or (3) Provide a "waiver" form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Contract. vi. 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. vii. Insurance shall be placed with insurers with a Best's rating of no less than A-VIII. viii. 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 7 City. City may require complete, certified copies of any or all policies at any time. ix. 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 to Contractor, at City's option; (b) immediately terminate this Contract and seek damages from the Contract resulting from said breach; 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 to Contractor. 11.0 GENERAL TERMS AND CONDITIONS. 11.1 INDEPENDENT CONTRACTOR. 11.1.1 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, officer or employee of City and shall furnish such services in its own manner and method except as required by this Contract, or any applicable statute, rule, or regulation. 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. City assumes no liability for Contractor's actions and performance, nor assumes responsibility for taxes, bonds, payments, or other commitments, implied or explicit, by or for Contractor. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, subcontractors and independent contractors, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 11.1.2 Contractor acknowledges that Contractor and any subcontractors, 8 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. 11.2 CONTRACTOR NOT AGENT. Except as the City may authorize in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise. 11.3 OWNERSHIP OF WORK. All documents and materials furnished by the City to Contractor shall remain the property of the City and shall be returned to the City upon termination of this Agreement. 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 at no additional cost to the City. 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. 11.4 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. 11.5 RESPONSIBILITY FOR ERRORS. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to 9 Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 11.6 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. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. 11.7 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. 11.8 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 from their obligations or otherwise constitute a novation. 11.9 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof, including but without limitation, the Vernon Living Wage Ordinance. Violation of any law material to performance of this Contract shall entitle the City to terminate the Contract and otherwise pursue its remedies. Further, if the Contractor performs any work knowing it to be contrary to such laws, rules, and regulations Contractor shall be solely responsible for all costs arising therefrom. 11.10 ATTORNEY'S FEES. If any action at law or in equity is brought to 10 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. 11.11 INTERPRETATION. 11.11.1 Applicable Law. This Contract shall be deemed a contract and shall be governed by and construed in accordance with the laws of the State of California. Contractor agrees that the State and Federal courts which sit in the State of California shall have exclusive jurisdiction over all controversies and disputes arising hereunder, and submits to the jurisdiction thereof. 11.11.2 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). 11.11.3 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. 11.11.4 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. 11.11.5 Order of Precedence. In case of conflict between the terms of this Contract and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Contract shall strictly prevail. The terms of the City's Request for Proposals shall control over the Contractor's Proposal. 11 11.11.6 Duplicate Originals. There shall be two (2)fully signed copies of this Contract, each of which shall be deemed an original. 11.11.7 Construction. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 11.12 TIME OF ESSENCE. Time is strictly of the essence of this contract and each and every covenant, term, and provision hereof. 11.13 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. 11.14 ARBITRATION OF DISPUTES. Any dispute for under$25,000 arising out of or relating to the negotiation, construction, performance, non-performance, breach, or any other aspect of this Contract, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery. 11.15 NOTICES. Any notice or demand to be given by one party to the other must be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice. If to the City: City of Vernon Attention: Scott Williams, Finance Director 4305 Santa Fe Avenue 12 Vernon, CA 90058 If to the Contractor BLX Group LLC Attention: Craig Underwood, President 777 S. Figueroa Street, Suite 3200 Los Angeles, CA 90017 Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt, or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. 11.16 NO THIRD PARTY RIGHTS. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right or remedy in, under, or to this Agreement. 11.17 TERMINATION FOR CONVENIENCE (Without Cause). City may terminate this Contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written notice to Contractor. If the Contract is thus terminated by City for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause. 11.18 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Contract by written notice to the defaulting party. The notice shall specify the basis for the default. The Contract shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. In case of default by Contractor, the City reserves the right to procure the goods or services from other sources and to hold the Contractor responsible for any excess costs occasioned to the City 13 thereby. Contractor shall not be held accountable for additional costs incurred due to delay or default as a result of Force Majeure. Contractor must notify the City immediately upon knowing that non-performance or delay will apply to this Contract as a result of Force Majeure. At that time Contractor is to submit in writing a Recovery Plan for this Contract. If the Recovery Plan is not acceptable to the City or not received within 10 days of the necessary notification of Force Majeure default, then the city may cancel this order in its entirety at no cost to the City, owing only for goods and services completed to that point. 11.19 TERMINATION FOR CAUSE. 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. If this Agreement is terminated as provided herein, City may require, at no additional cost to City, that Contractor provide all finished or unfinished documents, data, and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 11.19.1 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 11.20 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. 14 The Contractor shall maintain and preserve all such records for a period of at least three (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. 11.21 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. 11.22 HEADINGS. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 11.23 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1'/2 times the basic rate of pay. 15 11.24 LIVING WAGES Contractor, and any Subcontractor(s), shall comply with the City's Living Wage Ordinance. The current Living Wage Standards are set forth in Exhibit "C". Upon the City's request, certified payroll records shall promptly be provided to the City. . 11.25 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit "D". [Signatures Begin on Next Page]. 16 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 BLX Group LLC, a limited liability company and California municipal corporation By: By: Carlos R. Fandino, Jr. Name: City Administrator Title: ATTEST: By: Lisa Pope, City Clerk Name: Title: APPROVED AS TO FORM: Arnold M. Alvarez-Glasman, Interim City Attorney 17 EXHIBIT A CONTRACTOR'S PROPOSAL 18 Zi h 7, BLX<9> PERSPECTIVE o EXPERIENCE o PROCESS �- eL u <9> 131.X Group LLC Response to Request for Proposal to Provide Financial Advisory Services: O�VET CITY OF VERNON e G$ ECI 1NflJ SEPTEMBER 8, 2020 CO-PROJECT MANAGERS Jeff Higgins Managing Director T 213.612.2209 E jhiggins@blxgroup.com Glenn Casterline Managing Director T 213.612.2229 E gcasterline@blxgroup.com BLX<S> RI X Grnim I I C 777 South Figueroa St,Ste 3200 Los Angeles,CA 90017-5855 Ph 213 612 2200 Fx 213 612 2499 September 8, 2020 City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Re:City of Vernon Financial Advisory Services Request for Proposals Ladies and Gentlemen: On behalf of BLX Group LLC ("BLX") I am pleased to submit this response to the City of Vernon's ("City") request for proposal ("RFP") to provide Financial Advisory Services. Having worked with the City since 2002 including serving as Financial Advisor on the City's most recent debt financings, BLX's technical capabilities, familiarity with the City's debt profile along with the debt profiles similar to that of the City, and a history of unsurpassed client service, combine to make us distinctly qualified to serve the City's needs. BLX possesses a unique combination of relevant resources, experience, and expertise to offer the City. The City's financial advisory needs are an excellent fit with BLX's corporate philosophy and procedures in that it acknowledges the unique characteristics of local government issued debt and investing public funds and the necessary understanding of related statutory, bond, and tax issues. If selected, BLX is committed to providing personalized financial advisory services in an informed, hands-on, extension-of-staff manner. Additionally, BLX hereby declares that the undersigned individual is authorized to bind the firm with a Financial Advisory Services contract with the City and that the proposal will be valid for a period of at least ninety (90) days from the date of submission. We propose that the contemplated project be managed from our Los Angeles office and will not be subcontracted. Partnering with BLX and taking advantage of our strong tax and analytical skill set and competitive pricing is the best choice for a successful, yet cost-effective engagement. Glenn and I will serve as your relationship managers and primary points of contact. In that role,we will be responsible for leading an open dialogue between BLX and the City. We are excited about the prospect of once again working with the City and look forward to addressing any questions you may have. I can be reached at 213- 612-2209 or via e-mail at jhiggins@blxgroup.com. Very truly yours, BLX Group LLC Jeff Higgins, Managing Director 777 S. Figueroa Street, Suite 3200 Los Angeles, CA 90017 BLXO CITY OF VERNON PROPOSAL TO PROVIDE FINANCIAL ADVISORY SERVICES TABLE OF CONTENTS COVER LETTER CONTENTS PAGE A. INTRODUCTION 1 B. GENERAL SCOPE OF WORK 2 C. WORK PLAN 5 D. FEES AND COSTS 7 E. ABILITY OF THE PROPOSER TO PERFORM 9 F. AFFIDAVIT OF NON-COLLUSION 17 EXHIBITS A. CONFLICT DISCLAIMERS AND DISCOSURES B. AFFIDAVIT OF NON-COLLUSION FORM BLX CITY OF VERNON PROPOSAL TO PROVIDE FINANCIAL ADVISORY SERVICES A. INTRODUCTION Present an introduction of the proposal and your understanding of the assignment and significant steps, methods and procedures to be employed by the proposer to ensure quality deliverables that can be delivered within the required time frames and your identified budget. BLX is a registered municipal advisor offering financial advisory, interest rate swap advisory, and post debt issuance compliance services associated with requirements imposed by the IRS and SEC. As an independent and unbiased advisor, BLX's primary objectives are to advocate for and educate our clients while assisting in structuring their financings to achieve low cost of capital at the terms best suited to their debt policies and strategic objectives Our financial advisory experience includes providing recommendation of different transactional approaches according to the borrower's best interests, including bond sales, bank lending, and state loans. Furthermore, BLX has participated in numerous transactions, rating presentations, and negotiations with underwriters, LOC banks, and bond purchasers, and have observed how different types of transactions perform under different market conditions. Because we are independent advisors and are not in the business of underwriting bonds, we are held to a fiduciary standard in all our engagements under the Dodd/Frank Act of 2010, and are not considered by the MSRB to have the potential conflicts of interest which exist between municipal borrowers and securities underwriting firms. Further, BLX and its professionals have advised on municipal debt offerings, escrow (re)structurings, investment products, and derivative transactions across all sectors of public finance, including local agencies, public utilities, higher education, healthcare, and project finance. Since 2008, BLX has placed over 400 structured investment products, including escrow portfolios, with an aggregate notional amount in excess of$37 billion. City of Vernon We have been privileged to work with the City for 18 years and over that time have provided pre-issuance and post-issuance financial advisory services, derivative advisory and management services and investment advisory services. The City is without question one of our firm's most valuable clients. Our team assigned to Vernon is headed by Jeff Higgins and Glenn Casteline, Managing Directors, along with Craig Underwood, BLX's President, all of which are located in our Los Angeles office. These individuals are among BLX's most senior and experienced professionals and have worked with the City on an absolute priority basis. We would enthusiastically welcome the opportunity to renew and, whenever possible at the City's request, expand our relationship with the City. We can unequivocally state that BLX has an unmatched understanding of the City's debt, derivative and investment transactions, the historical and institutional knowledge of the City's financings needed to provide optimal advice, and is best positioned to provide the services outlined in Section B herein. Therefore, we are confident that BLX will be able to seamlessly and without any delays continue its work with the City and its staff and continue to provide structuring, pricing, and credit advice. 1 BLX© CITY VERNON PROPOSAL TO PROVIDE FINANCIAL ADVISORYY SERVICES B. GENERAL SCOPE OF WORK Briefly summarize the scope of work as the proposer perceives or envisions it for each Service Area proposed. The scope of work as described in the RFP is generally consistent with the services BLX is currently providing to the City and those which BLX regularly provides to other municipal clients. At BLX, we generally divide financial advisory engagements into four (4) phases — (1) ongoing general consulting, planning and advisory services not directly related to a transaction (i.e. strategic planning); (2) pre-issuance services directly related to debt/derivative/investment transactions (i.e. debt strategy); (3) executing a debt strategy, and (4) post-issuance regulatory, management, and oversight services. Post-issuance01E.ecute Debt St Strategic Planning Debt Strategy Help establish financing team Monitor IRS post-issuance including the selection of underwriter, requi rements(Arbitrage Rebate, Review proposed projects analyzecapital needs Evaluate and summarize projected Assist with secondary market Analyze projected cash flows vs costs of negotiated sale vs disclosure requirements Review and cash flow amortization alternatives competitive sale models for ;• proposedincluding its effects on overall debt debt structures Provide daily update on tax-exempt services service market including its effect on Create cash flow model of selected Indentify refinancing candidates financing structure Review POS and legal documents agencies and investors Summarize costs,savings,and risks Deliver updates on market Communicate with rating agencies conditions,financial products, and assist with presentations to along with changes in federal and rating agencies security laws prop• as to the reasonableness of SB1029 services Specifically, the services and tasks we proposed to perform for and on the City's behalf are as follows: Phase I: Ongoing General Consulting Services 1. BLX will meet with the City to update and fully develop our understanding of the City's objectives with regard to financing and investment matters. As has been our practice with the City, we would expect to meet regularly with City staff to discuss new opportunities and changes in financial policy/objectives. The BLX staff assigned to this engagement is available to the City as its highest priority. 2. BLX will review all outstanding debt and derivative positions, identifying opportunities to reduce debt service, provide cash flow relief, and improve the City's overall balance sheet. 3. BLX will be available on a priority basis to meet with City staff, City Council, committees, commissions, and local governmental and quasi-governmental bodies as requested by the City. We will provide support, advice, and presentation materials as requested by the City to support its efforts to be responsive and transparent with all such entities. 2 © CITY OF VERNON S�� PROPOSAL TO PROVIDE FINANCIAL ADVISORY SERVICES Phase II: Pre-Issuance Transactional Services 1. In the event a financing objective (e.g., reduce debt service, fund capital projects, etc.) has been identified by the City, BLX will review the existing debt obligations and other credit and funding commitments and how a new financing might impact those. It will also include a preliminary forecast of the impact of any contemplated debt transaction on the City's credit rating, its rate structure (as it applies to enterprise funds), and overall debt service coverage. 2. BLX will work with the City to select the optimal financing strategy, which provides the City with the lowest cost of capital within risk parameters acceptable to and appropriate for the City. 3. As requested by the City, BLX will present or assist with the presentation of the initial financing plan to those public bodies charged with oversight, including City Council. Phase III: Transactional Services 1. Once an overall financing plan has been agreed upon, BLX will provide a preliminary step-by-step action plan, clearly identifying responsibilities and timeline for project completion. 2. BLX will assist in the selection and formation of a financing team, including preparing a list of services required of underwriter, trustee, verification agent (if needed), and other professionals. 3. BLX will work with the City staff, bond counsel and financing team to determine the appropriate size, structure, specific terms and conditions for the debt transaction, and recommended method of sale. 4. BLX will assist bond counsel and other financing team members with the preparation of all publicly distributed documents in connection with the financing, including the official statement (or similar document) and related disclosures. 5. BLX will assist the City in negotiating and/or making presentations to credit rating agencies and/or credit enhancers (e.g., bond insurers, credit banks, etc.). 6. Prior to the sale of debt securities, BLX will assist with and represent the City at informational meetings as part of the marketing effort. 7. If a negotiated sale process is utilized, BLX will assist the City in negotiating appropriate terms, reviewing spreads, identifying comparable transactions, analyzing market levels, and clarifying any syndicate roles with the selected underwriter. BLX will also work side- by-side with the underwriter to ensure the broadness and appropriateness of the marketing and sales effort. 8. BLX will assist the City in closing the financing, including all necessary administrative and clerical tasks and the investment of the bond proceeds. 3 © CITY OF VERNON S�� PROPOSAL TO PROVIDE FINANCIAL ADVISORY SERVICES Phase IV: Post - Issuance Services 1. BLX will provide the City with ongoing compliance, monitoring, and management services in the following areas: A. Arbitrage Rebate Compliance Services — BLX will provide the City with annual and final arbitrage rebate calculations on each of the City's outstanding tax-exempt bond issues. B. Continuing Disclosure Services — BLX will assist the City with its required obligations under the various continuing disclosure agreements. C. Other Compliance Services — BLX will provide the City with ongoing bond proceeds compliance services such as services related to the requirements established by California Senate Bill 1029 ("SB 1029"). 2. BLX will be available on a full time basis to interact with ratings agencies and investors on behalf of the City along with addressing any issues that arise relating to the City's debt issuances. 4 © CITY OF VERNON S�� PROPOSAL TO PROVIDE FINANCIAL ADVISORY SERVICES C. WORK PLAN Present concepts for conducting the work plan and interrelationship of all projects. Define the scope of each task including the depth and scope of analysis or research proposed. As described in the previous section, BLX views this engagement as having four distinct, but very much interrelated, components or phases. All four are critical to the City's financial success, stability, and transparency and best provided by a single firm doing so on an integrated basis. We propose to implement the following work plan items and tasks as a supplement to the Scope of Services described earlier. Phase I: Our approach to providing Financial Advisory services to the City begins with acting as an extension of the City's staff. That is, we have and would continue to be available to the City on a full-time basis (and on short notice) to provide support, analysis, and advice for all City-related financial matters. By being fully immersed in the City's financial activities, we are best positioned to provide the required services and timely and value-added advice. To add some structure to this, we propose regularly scheduled weekly meeting (or call if preferred by City) with the Finance Director to review ongoing projects, help prepare for upcoming meetings requiring financial analysis, and generally review market conditions and opportunities for the City to improve its financial standing and/or pursue additional capital funding. We also recommend that as Financial Advisor, we review of the City's financial standing as it relates to debt, derivative, and investments. Working with the Finance Director, BLX will develop a template for such presentations that can be readily updated and amended on an ongoing basis. Finally, as circumstances require, BLX's assigned professionals will be available to the City on a full-time priority basis. That is, should the City need BLX support and advice to address pressing and sudden issues, we will make the necessary resources available to the City. We believe that the availability of our assigned professionals throughout our decade of service to the City readily demonstrates the true depth of this commitment. Phases II and III: The services described in Phases II and III are fairly standard for financial advisory engagements as described in the previous section. Once the City is in agreement with the work plan, BLX will assist the City with the following: 1. Forming a financing team. Absent financing team members already being in place by virtue of prior RFPs or other process, BLX will assist the City with identifying and securing financing team members — utilizing a competitive process whenever possible. 3. Provide ongoing advice and recommendations to the City on how to best document important transaction decisions regarding debt structure and important legal/financial/credit issues. 4. Upon the close of any transaction, BLX will provide a summary report to the City. This report will detail the final transaction structure, including the bond pricing effort and outcome; identify the extent to which the final transaction met the original project goals; 5 © CITY OF VERNON S�� PROPOSAL TO PROVIDE FINANCIAL ADVISORY SERVICES and summarize the City's ongoing obligations under the transaction. BLX will present or assist in presenting these final findings to City Council. Phase IV: BLX has provided the services proposed in this section to the City for several years. We do not foresee any substantial changes in the work plan for how these services are provided. However, in the spirit of creating greater transparency, we propose to provide a formal annual report detailing the City's post-issuance compliance efforts. This summary will include the results of any arbitrage rebate calculations, a summary of any required disclosure filings, and compliance with SIB 1029. This annual report will be useful in demonstrating the City's ongoing oversight efforts to City Council, regulatory parties, and other groups. We strongly believe that the City is best served by a single qualified firm providing the services proposed in this and the prior section on an integrated basis. 6 BLX CITY OF VERNON PROPOSAL TO PROVIDE FINANCIAL ADVISORY SERVICES D. FEES AND COSTS Although an important aspect of consideration, the financial cost estimate will not be the sole justification for consideration. Negotiations may or may not be conducted with the proposer; therefore, the proposal submitted should contain the proposer's most favorable terms and conditions, since selection and award may be made without discussion with any firm. All prices should reflect "not to exceed" amounts per item. Proposer must offer services at a rate comparable to the rate proposer offers to other governmental entities for similar work. Offering a higher rate to the City than the comparable rate is grounds for disqualification of the Proposer. BLX does not structure its fees for advisory services based on any set formula or approach. We have provided similar services to those contemplated by the City on (i) a fixed fee basis; (ii) an hourly basis; and (iii) a percentage of transaction-size basis. The most important factor in determining an appropriate fee structure is the City's comfort that our fee is appropriate for the work and value provided and consistent with "the market". Therefore, while we have proposed a fee schedule as shown below, we are amendable to negotiate alternative fee structures that may be deemed more acceptable by the City. Our proposed fee structure is segmented in a manner consistent with our response to Section B — General Scope of Work. Phases I & II: Ongoing General & Pre-Issuance Transactional Services As the depth and amount of the services required in this phase are difficult to approximate, we believe these services are fairly compensated by an hourly billing arrangement. Our proposed hourly fees are as follows: Title Hourly Rate President $500 Managing Director $450 Alternatively, we would be open to negotiating a flat annual retainer for these services. Such an arrangement might provide greater value for the City in that it would provide a cap. In order to determine an appropriate level for such a cap, we would need to first discuss with the City what various projects and tasks it forecasts over the next 12 months. Phase III: Transactional Services Once the City has elected to pursue a specific financing, our fee for services in connection with such a financing would then shift to a contingent arrangement. Under such an arrangement, BLX would only be compensated upon a successful closing. Our proposed fee for these services is as follows: Debt Transaction: $1.00/$1,000 Bond with a cap of $250,000 and a floor of $60,000 Derivative Transaction: The present value of .02% of the notional amount for each year the derivative is outstanding with a cap of$200,000 and a floor of $60,000 © CITY OF VERNON S�� PROPOSAL TO PROVIDE FINANCIAL ADVISORY SERVICES Contingent Fee Disclosures: Most forms of compensation for financial advisors have some sort of potential conflict of interest inherent in the payment arrangement. Under a contingent fee form of compensation, payment of an advisor's fee is dependent upon the successful completion of a financing or other transaction. Although this form of compensation may be customary for the client, it presents a conflict because the advisor may have an incentive to push to complete a financing or potential financing under terms that might be disadvantageous to the client. For example, when facts or circumstances arise that could cause the financing or other transaction to be delayed or fail to close, an advisor may have an incentive to discourage a full consideration of such facts and circumstances, or to discourage consideration of alternatives that may result in the cancellation of the financing or other transaction. Under an hourly fee form of compensation, the advisor is paid an amount equal to the number of hours worked by the advisor times an agreed-upon hourly billing rate. This form of compensation presents a potential conflict of interest if the client and the advisor do not agree on a reasonable maximum amount at the outset of the engagement, because the advisor does not have a financial incentive to recommend alternatives that would result in fewer hours worked. In some cases, an hourly fee may be applied against a retainer (e.g., a retainer payable monthly), in which case it is payable whether or not a financing closes. Alternatively, it may be contingent upon the successful completion of a financing, in which case there may be additional conflicts of interest, as described above. The City may wish to consider a continuation of the hourly rates proposed for Phase I services for Phase II services. Should the City elect to do so, fees for Phase III services would be non-contingent. Phase IV: Post-Issuance Services Our fees for the services described in the corresponding section of our response to Section 2 are as follows: A. Arbitrage Rebate Compliance Services (on a per bond issue basis) Annual Report Fee (per report) $2,000 B. Continuing Disclosure Services Electric System $11,000 Redevelopment $7,000 Water System $5,000 C. Derivative Monitoring Services Per Outstanding Derivative (swap) $2,500 D. SB 1029 Services Report Fee $1,000 Please note that we are open to other fee arrangements and would welcome any discussion with the City regarding our fee proposal. 8 © CITY OF VERNON S�� PROPOSAL TO PROVIDE FINANCIAL ADVISORY SERVICES E. ABILITY OF THE PROPOSER TO PERFORM Provide a detailed description of the proposer and his/her/its qualifications, including names, titles, detailed professional resumes and past experience in similar work efforts/products of key personnel who will be working on the assignment. Provide a list of specific related work projects that have been completed by the proposer which are directly related to the assignment described in this RFP. Note the specific individuals who completed such project(s). Identify role and responsibility of each member of the project team. Include the amount of time key personnel will be involved in the respective portions of the assignment. Respondents are encouraged to supply relevant examples of their professional product. Provide a list of references. The selected firm shall not subcontract any work under the RFP nor assign any work without the prior written consent of the City. Firm Overview BLX Group LLC, formerly known as Bond Logistix LLC, is a Municipal Securities Rulemaking Board and Securities Exchange Commission registered independent municipal advisory firm, specializing in serving governmental issuers and nonprofit entities. Our consulting services include financial advisory, interest rate swap advisory, along with federal tax and regulatory compliance services. We work with issuers on projects, both large and small, leveraging our experience, resources, and expertise to design the role that best fits each client's needs. BLX was established in 1989 to undertake the mathematical, financial, and other technical aspects necessary to assist public and nonprofit agencies in complying with the arbitrage rebate regulations imposed by the Internal Revenue Service ("IRS"). Since that time, BLX has grown to become the largest provider of such services in the country, with 30 professional consultants and 12 support staff in 5 offices nationwide, strategically located in Dallas, Los Angeles, Phoenix, New York, and Tampa. BLX has a tremendous amount of experience in providing services to all types of entities including states, counties, cities, transportation authorities, public utilities, special districts, nonprofit organizations, and more. BLX professionals assigned to its engagement with the City will have an average of 28 years of public finance experience. BLX is a wholly-owned subsidiary of Orrick, Herrington & Sutcliffe LLP ("Orrick"), the premier public finance law firm in the nation. Orrick has provided quality legal services to municipal issuers, underwriters, and trustees for more than 100 years and has been ranked first nationally as bond counsel for most of the last two decades (as reported in the Bond Buyer). BLX has grown to become a full service advisory firm, offering a range of complementary services to public sector bond issuers and nonprofit entities. The professionals in each practice area are allocated to work primarily in their practice groups. However, our practice areas are designed to complement each other by providing expertise in the sometimes difficult to fill gaps commonly encountered in municipal finance. For example, our swaps group will often assist our financial advisory practice when the proposed debt strategy includes hedging variable rate interest rate risk with a floating-to-fixed rate swap. Similarly, our rebate group might streamline a swap-related engagement by sharing documentation previously supplied by the client, saving all parties time and effort. There are numerous other 9 © CITY OF VERNON S�� PROPOSAL TO PROVIDE FINANCIAL ADVISORY SERVICES circumstances where we can leverage these synergies for the benefit of our clients. In this regard, the evolution of our firm has been driven simply by the needs and priorities of our clients. While smaller firms may have the expertise in their area of focus, their lack in size and overall experience not only limits synergies, but limits their flexibility in deploying resources and, importantly, limits their ability to develop the infrastructure necessary to efficiently and reliably deliver services. By being a full-service firm with a relatively larger client and services base, BLX has been able to make investments, in technology for example, that benefit multiple practice groups firm-wide. We continually invest in technology to enhance our clients' experience, minimize labor production costs passed on to them, and supplement our multi- tier review process with software-based quality controls: (a) BLX Digital, our team of 3 full- time engineers, partners with our 30 consultants to deliver accurate and efficiently produced reports. They have designed several proprietary platforms to assist our clients with bond and compliance related activities. Such platforms advocate transparency and include: BLXBid (secure investment bidding), BLXSwap (swap monitoring and GASB53/72 valuations), and internal platforms related to trust account data processing and extensive private use analyses. (b) We advocate transparency and provide complimentary access to the BLXPortal, a secure service that allows our clients to access detailed information about their rebate engagements, view rebate reports, review scheduled computations, and upload bond documents and investment records. By demonstrating our ability to manage thousands of active engagements combined with our experiences in providing financial advisory and post-issuance compliance services, and developing web-based platforms, BLX is amply qualified to serve the City. Since launching its advisory service practice, BLX and its professionals have advised on municipal debt offerings, escrow (re)structurings, structured investment products and derivative transactions with an aggregate par and notional amount in excess of $60 billion across all sectors of public finance, including local agencies, public utilities, higher education, healthcare, and project finance. As you are aware, BLX served as the City's financial advisor from 2002 through 2013 and again from 2017 through a portion of 2020 During such period, the City embarked on a number of complex financings that required the financial advisor to have a detail understanding of the City, its general fund, utility system, gas system, redevelopment plan and, most importantly an understanding of the City's primarily industrial constituents. BLX assisted the City with achieving those objectives, even during some of the City's most challenging periods of time such as the nation's financial crisis in 2008 and State's dissolution of the redevelopment agencies. BLX assisted the City with the financing of numerous assets of Light and Power and the former Redevelopment Agency, including the financing of the Malburg Generating Station, the financing and refinancing of the City's 15 year natural gas prepay transaction, the acquisition and sale of the City's Tehachapi wind land, the sale of the certain utility assets such as Malburg Generating Station and transmission assets, to name a few. In addition, in 2020 BLX assisted the City with the issuance of its 2020 Light and Power and Water System financings. BLX assisted the City in developing and evaluating financial forecasts for the utility, monitoring the City's IRS compliance (including arbitrage rebate and private-use) and SEC compliance requirements (such as continuing disclosure 10 BLX CITY OF VERNON PROPOSAL TO PROVIDE FINANCIAL ADVISORY SERVICES requirements). BLX also performed investment advisory/portfolio management services for the City during this time period. However effective April 1, 2016 BLX no longer offers such services. Even during the period BLX did not serve as the City's financial advisor, BLX has continually monitored the City's financing activities. BLX is also the largest and most widely experienced provider of post issuance compliance and regulatory services (i.e., arbitrage compliance services, continuing disclosure services, etc.) in the nation. We prepare about 3,400 arbitrage rebate reports annually and have in place the resources to address your current and future needs with no interruption to our procedures or strain on our consultants. MR Investment AdvisorV _rst ructured Arbitrage Independent Pinterest Rate- ContInufrig I Swaps Disclosure Financial Advisory Team The Project Team that BLX will assign to the City consists of BLX's most experienced and appropriately skilled professionals, including the firm's president. All team members will be available on a full-time basis. Having provided the similar services proposed herein to public agencies across the country, including the City, these BLX professionals are widely considered to be among the nation's leading experts in debt, tax, derivative, and secondary market disclosure matters relating to municipal bond financings. We believe it is important to note that Mr. Underwood and Mr. Higgins have worked extensively on the City's financing matters for over a decade and in this time have become intimately familiar with City's outstanding debt and derivative portfolio, the City's current standing with the rating agencies and investors, and ongoing tax, regulatory, and compliance efforts. 11 © CITY OF VERNON S�� PROPOSAL TO PROVIDE FINANCIAL ADVISORY SERVICES Time Public Finance Personnel Role Involvement Experience Jeff Higgins Co-Engagement Manager = 35% 27 Years Managing Director Co-Primary Contact Strategy and Analytics Glenn Casterline Co-Engagement Manager = 35% 28 Years Managing Director Co-Primary Contact Strategy and Analytics Craig Underwood Co-Engagement Manager = 20% 31 Years President Strategy Eric Chu Strategy and Analytics = 10% 28 Years Managing Director Derivatives • 27 Years Public Finance Experience • Manages BLX's Municipal Continuing Disclosure practice �* • Served as the City's financial advisor from 2002 to 2013 and 2017 to 2020 • Manages many of BLX's most sophisticated issuer's including Energy Northwest, Piedmont Municipal Power Agency, State of South Carolina, Regents of the University of California, State of Hawaii and its agencies, and the City and County of Honolulu JEFF HIGGINS Education MANAGING DIRECTOR Arizona State University BLX Group LLC - Los Angeles BS in Finance, 1992 (213) 612-2209 FINRA Licenses jhiggins@blxgroup.com . Series 50, Municipal Advisor Rep, (2016 to Present) Role • Series 54, Municipal Advisor Principal (2019 to Present) Co-Lead Municipal Advisor Strategic Planning Financing Structure 12 © CITY OF VERNON S�� PROPOSAL TO PROVIDE FINANCIAL ADVISORY SERVICES • 28 Year Public Finance Experience • Served as the City's financial advisor from 2017 to 2020 • Experience includes financial advisory engagement with the Colburn School for Performing Arts, California ' Science Center Foundation, Performing Arts Center of Los Angeles County, Sanford Burnham Prebys Medical Discovery Institute, and the City of Oceanside • Serves as Manager for many of BLX's largest compliance engagements including the California State University System, City of Long Beach (CA), County of Riverside GLENN R. CASTERLINE (CA), the City and County of Denver, and Denver MANAGING DIRECTOR International Airport BLX Group LLC - Los Angeles (213) 612-2229 Education gcasterline@blxgroup.com California State University, Fullerton BA in Business Administration, Finance, 1991 Role Co-Lead Municipal Advisor FINRA Licenses Strategic Planning • Series 50, Municipal Advisor Rep (2016 to Present) Financing Structure e Series 54, Municipal Advisor Principal (2019 to Present) • 28 Years Public Finance Experience A • Experience includes work on hundreds of interest rate swap and structured investment transactions and providing on-going monitoring and compliance services, including for GASB and FASB accounting rules. Clients have included Ithaca College, Master's University, Francisco Airport Commission, Dignity y Health, County of San Diego (CA), City of Riverside (CA), The Colburn School, Sanford Burnham Prebys Medical Discovery Institute .aka ERIC CHU • Led the development of BLXSwap, a web-based swap MANAGING DIRECTOR monitoring platform, and BLXBid, a web-based market BLX Group LLC - Los Angeles bidding platform (213) 612-2136 Education echu@blxgroup.com University of California, Los Angeles Role BS in Applied Mathematics & BA in Economics, 1991 Co-Municipal Advisor FINRA Licenses Finance Structure . Series 50, Municipal Advisor Rep (2016 to Present) Interest Rate Swap Advisor . Series 54, Municipal Advisor Principal (2019 to Present) 13 © CITY OF VERNON S�� PROPOSAL TO PROVIDE FINANCIAL ADVISORY SERVICES • 31 Years Public Finance and related Experience • Heads BLX's advisory service practice, overseeing the firm's debt, derivative, and capital market practices • Experience includes financial/derivative/investment advisory services for governmental, nonprofit, and corporate entities; designing and implementing various compliance and administration engagements for tax compliance, municipal disclosure, tobacco securitizations and student housing management • Served as the City's lead financial advisor from 2002 to CRAIG UNDERWOOD 2013 PRESIDENT Education BLX Group LLC - Los Angeles (213) 612-2463 Princeton University cunderwood@blxgroup.com BA in Politics, 1986 Role FINRA Licenses Co-Municipal Advisor Series 50, Municipal Advisor Rep (2017 to Present) Strategic Planning Financing Structure Philosophy and Objective As an independent and unbiased advisor, BLX's primary objective is to advocate for and educate our clients to structure their financings to achieve the lowest cost of capital at the terms best suited to their debt policies and strategic objectives. Our philosophy is to ensure all financing options are identified and reviewed for the borrower. Whenever possible, BLX aims to develop an ongoing relationship with its clients rather than a transaction based relationship. Our market knowledge and expertise provides us with the ability to negotiate the most attractive fees and terms with financing participants on behalf of our clients. BLX's hands on expertise in the municipal bond trading and underwriting arena provides an insider knowledge base to advocate for the City and bring transparency to the pricing process. Our objective is to guide the City in balancing financing priorities with the current market and investor demand. BLX monitors the municipal market on a daily basis and can share market data on comparable transactions that will empower the City in selection of bond or note sale dates and bond pricing decisions. BLX has access to all the major market information sources such as Bloomberg, Thomson Reuters, Municipal Market Data (MMD), and EMMA to help the City make real time decisions that may impact the City's negotiated and competitive sales. BLX works closely with the underwriter to make sure decisions are made in best interest of the City and will provide an independent 3rd party fair market certification for negotiated sales. BLX is an industry leader in tax compliance and related on-going post-issuance maintenance of tax-exempt financings and all of our practice areas complement one another by providing our clients with value added cross discipline expertise that has proven valuable, in particular 14 © CITY OF VERNON S�� PROPOSAL TO PROVIDE FINANCIAL ADVISORY SERVICES with respect to the analyzing the impact of swap transactions on arbitrage rebate and related tax analyses. Throughout our 28 year history, our mission has been to exclusively serve, and act on behalf of, our governmental and not-for-profit entity clients in areas where BLX can leverage its combination of extensive infrastructure, depth of resources, and professional expertise to provide best in class services. Analytical Capabilities The senior members of our proposed team, Mr. Higgins, Mr. Casterline, and Mr. Chu, head up our technical modeling and quantitative analysis for BLX's debt advisory and derivative advisory services. They are assisted by three to five consultants who work under their supervision to perform projects for our clients. Many of the projects require customized models to accommodate the specific idiosyncrasies of our clients' debt, investment and derivative strategies. Mr. Chu developed both of BLX's propriety applications for structured investment product bidding (BLXBid.com) and online swap monitoring and valuations (BLXSwap.com). BLX utilizes MUNEX to size and structure bond issues, perform advance refunding calculations, analyze the cost effectiveness of credit enhancement, confirm and validate the true interest costs on competitive bids and to provide transaction schedules to our clients. In addition to MUNEX, BLX routinely develops customized financial models to address the specific information and financing strategy needs of its clients. Given BLX's technical expertise in complex transactions, our staff is uniquely oriented toward creating specialized financial models for our clients. BLX possesses particular expertise and experience in complex transaction modeling and investment product pricing. BLX utilizes a myriad of industry leading quantitative tools and market sources that help provide our clients superior pricing transparency. Our purpose-built modeling software programs, and in-house developed Excel models allow us the flexibility to price and execute even the most complex transactions. 15 BLX© CITY VERNON PROPOSAL TO PROVIDE FINANCIAL ADVISORYY SERVICES References Below we have provided a brief list of references you may wish to contact. In addition to the views of these references, BLX has had a long history working with the City including the current City Administrator and Finance Director. Perhaps of greater value than any recommendation of our services that you may receive from a third party, you may wish to discuss the quality, value, and commitment of BLX to the City with those individuals. The California Science Center Foundation Cynthia Pygin, Chief Financial Officer 700 Exposition Park Drive, Los Angeles, CA 90037 (323) 724-3623 cpygin@cscmail.org Performing Arts Center of Los Angeles County William Taylor, Senior Vice President Chief Financial Officer 135 North Grand Avenue, Los Angeles, CA 90012 (213) 972-7512 wtaylor@musiccenter.org The Colburn School of Performing Arts Sel Kardan, President and Chief Executive Officer 200 S. Grand Avenue, Los Angeles, CA 90012 (213) 621-1003 skardan@colburnschool.edu Subcontractor BLX will not be subcontracting any of the proposed Financial Advisory work. 16 SLX© CITY VERNON PROPOSAL TO PROVIDE FINANCIAL ADVISORYY SERVICES F. AFFIDAVIT OF NON-COLLUSION Proposer must submit a completed and signed, "Affidavit of Non-Collusion." See Exhibit B. 17 © CITY OF VERNON S�� PROPOSAL TO PROVIDE FINANCIAL ADVISORY SERVICES EXHIBIT A CONFLICT DISCLAIMERS AND DISCLOSURES General The City is aware that BLX is a subsidiary of Orrick. BLX and/or Orrick may have client relationships with other parties involved in some manner with the City or the proposed financing transaction (for example, underwriters, purchasers, counterparties, trustees, rating agencies, insurers, credit providers, lenders, contractors, developers, advisors, investment advisors/providers/brokers, public entities and others) whether with respect to the City or some unrelated matter(s). Those participants are and will not be clients of BLX with respect to the financing transactions that are the subject of this engagement. BLX and Orrick have been part of the City's financing team for past financings, and can work together when we are both serving the City's interests. However, a potential conflict of interest may arise if Orrick is engaged to provide legal services to other financing team participants. However, to the extent that, because of any other relationship between Orrick or BLX and other participants, there may appear to be or is any conflict of interest, actual or potential, with respect to the City's engagement of BLX, absent notification by the City to the contrary, the City is hereby deemed to waive any such conflict and consents to any such other relationship. BLX will notify the City of any potential conflicts. BLX has taken the following steps to identify and address potential conflicts of interest that may impact its ability to fulfill its duties to the City under this engagement. • BLX will not participate in the City's process in selecting legal counsel in connection with any financings. • BLX has provided "historical continuing disclosure compliance" services for underwriters in connection with the underwriters' obligation to review an issuer's S.E.C. Rule 15c2-12 compliance over the past five (5) years. Such service entails reviewing continuing disclosure filings made by the issuers. Such reports are factual representations of an issuer's compliance. BLX will inform the City of any underwriters that have retained BLX for these services prior to any selection of an underwriter for the proposed transaction. • Potential financing structures may include Wells Fargo or US Bank serving as underwriter or as purchaser of the obligations via a direct purchase. BLX is currently engaged by Wells Fargo and US Bank to perform arbitrage rebate compliance services in connection with outstanding obligations issued by certain public or not-for-profit agencies that engaged the banks to serve as trustee. BLX's scope of services relating to its engagement with Wells Fargo and US Bank is independent of the services described herein and will not conflict with BLX's engagement with the City. 18 © CITY OF VERNON S�� PROPOSAL TO PROVIDE FINANCIAL ADVISORY SERVICES Other Municipal Advisor Relationships BLX serves a wide variety of other clients that may from time to time have interests that could have a direct or indirect impact on the interests of another BLX client. For example, BLX serves as municipal advisor to other municipal advisory clients and, in such cases, owes a regulatory duty to such other clients just as it does to City. These other clients may, from time to time and depending on the specific circumstances, have competing interests. In acting in the interests of its various clients, BLX could potentially face a conflict of interest arising from these competing client interests. BLX fulfills its regulatory duty and mitigates such conflicts through dealing honestly and with the utmost good faith with City. If BLX becomes aware of any additional potential or actual conflict of interest after this disclosure, BLX will disclose the detailed information in writing to the City in a timely manner. Legal or Disciplinary Events BLX does not have any legal events or disciplinary history on BLX's Form MA and Form MA- I, which includes information about any criminal actions, regulatory actions, investigations, terminations, judgments, liens, civil judicial actions, customer complaints, arbitrations and civil litigation. The City may electronically access BLX's most recent Form MA and each most recent Form MA-1 filed with the Commission at the following website using CIK 0001610628 in the fast search field: www.sec.gov/edgar/searchedgar/comPanysearch.htm1. There have been no material changes to a legal or disciplinary event disclosure on any Form MA or Form MA-1 filed with the SEC. If any material legal or regulatory action is brought against BLX, BLX will provide complete disclosure to the City in detail allowing the City to evaluate BLX, its management and personnel. Municipal Securities Rulemaking Board Rule G-10 Disclosure Pursuant to Municipal Securities Rulemaking Board Rule G-10, on Investor and Municipal Advisory Client Education and Protection, Municipal Advisors are required to provide certain written information to their municipal entity and obligated person clients which include the following: • BLX is currently registered as a Municipal Advisor with the U.S. Securities and Exchange Commission and the Municipal Securities Rulemaking Board. Within the Municipal Securities Rulemaking Board ("MSRB") website at www.msrb.org, the City may obtain the Municipal Advisory client brochure that is posted on the MSRB website. The brochure describes the protections that may be provided by the MSRB Rules along with how to file a complaint with financial regulatory authorities. 19 EXHIBIT B AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR STATE OF CALIFORNIA ) )Ss COUNTY OF LOS ANGELES ) JEFF HIGGINS ,being first duly sworn deposes and says that he/she is MANAGING DIRECTOR (Insert"Sole Owner","Partner","President,"Secretary",or other proper title) of BLX GROUP LLC (Insert name of bidder) who submits herewith to the City of Vernon a bid/proposal; That all statements of fact in such bid/proposal are true; That such bid/proposal was not made in the interest of or on behalf of any undisclosed person, partnership,company,association,organization or corporation; That such bid/proposal is genuine and not collusive or sham; That said bidder has not, directly or indirectly by agreement,communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Vernon, or of any other bidder or anyone else interested in the proposed contract;and further That prior to the public opening and reading of bids/proposals,said bidder: a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham bid/proposal; b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid/proposal, or that anyone should refrain from bidding or withdraw his/her bid/proposal; C. Did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid/proposal price of said bidder or of anyone else, or to raise or fix any overhead,profit or cost element of his/her bid/proposal price,or of that of anyone else; d. Did not, directly or indirectly, submit his/her bid/proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof,or to any individual or group of individuals,except the City of Vernon,or to any person or persons who have a partnership or other financial interest with said bidder in his/her business. I certify under penalty of perjury that the above information is correct By: Title: MANAGING DIRECTOR Date: 9/8/2020 March 2013 EXHIBIT B SCHEDULE 19 BLX CITY OF VERNON PROPOSAL TO PROVIDE FINANCIAL ADVISORY SERVICES D. FEES AND COSTS Although an important aspect of consideration, the financial cost estimate will not be the sole justification for consideration. Negotiations may or may not be conducted with the proposer; therefore, the proposal submitted should contain the proposer's most favorable terms and conditions, since selection and award may be made without discussion with any firm. All prices should reflect "not to exceed" amounts per item. Proposer must offer services at a rate comparable to the rate proposer offers to other governmental entities for similar work. Offering a higher rate to the City than the comparable rate is grounds for disqualification of the Proposer. BLX does not structure its fees for advisory services based on any set formula or approach. We have provided similar services to those contemplated by the City on (i) a fixed fee basis; (ii) an hourly basis; and (iii) a percentage of transaction-size basis. The most important factor in determining an appropriate fee structure is the City's comfort that our fee is appropriate for the work and value provided and consistent with "the market". Therefore, while we have proposed a fee schedule as shown below, we are amendable to negotiate alternative fee structures that may be deemed more acceptable by the City. Our proposed fee structure is segmented in a manner consistent with our response to Section B — General Scope of Work. Phases I & II: Ongoing General & Pre-Issuance Transactional Services As the depth and amount of the services required in this phase are difficult to approximate, we believe these services are fairly compensated by an hourly billing arrangement. Our proposed hourly fees are as follows: Title Hourly Rate President $500 Managing Director $450 Alternatively, we would be open to negotiating a flat annual retainer for these services. Such an arrangement might provide greater value for the City in that it would provide a cap. In order to determine an appropriate level for such a cap, we would need to first discuss with the City what various projects and tasks it forecasts over the next 12 months. Phase III: Transactional Services Once the City has elected to pursue a specific financing, our fee for services in connection with such a financing would then shift to a contingent arrangement. Under such an arrangement, BLX would only be compensated upon a successful closing. Our proposed fee for these services is as follows: Debt Transaction: $1.00/$1,000 Bond with a cap of $250,000 and a floor of $60,000 Derivative Transaction: The present value of .02% of the notional amount for each year the derivative is outstanding with a cap of$200,000 and a floor of $60,000 © CITY OF VERNON S�� PROPOSAL TO PROVIDE FINANCIAL ADVISORY SERVICES Contingent Fee Disclosures: Most forms of compensation for financial advisors have some sort of potential conflict of interest inherent in the payment arrangement. Under a contingent fee form of compensation, payment of an advisor's fee is dependent upon the successful completion of a financing or other transaction. Although this form of compensation may be customary for the client, it presents a conflict because the advisor may have an incentive to push to complete a financing or potential financing under terms that might be disadvantageous to the client. For example, when facts or circumstances arise that could cause the financing or other transaction to be delayed or fail to close, an advisor may have an incentive to discourage a full consideration of such facts and circumstances, or to discourage consideration of alternatives that may result in the cancellation of the financing or other transaction. Under an hourly fee form of compensation, the advisor is paid an amount equal to the number of hours worked by the advisor times an agreed-upon hourly billing rate. This form of compensation presents a potential conflict of interest if the client and the advisor do not agree on a reasonable maximum amount at the outset of the engagement, because the advisor does not have a financial incentive to recommend alternatives that would result in fewer hours worked. In some cases, an hourly fee may be applied against a retainer (e.g., a retainer payable monthly), in which case it is payable whether or not a financing closes. Alternatively, it may be contingent upon the successful completion of a financing, in which case there may be additional conflicts of interest, as described above. The City may wish to consider a continuation of the hourly rates proposed for Phase I services for Phase II services. Should the City elect to do so, fees for Phase III services would be non-contingent. Phase IV: Post-Issuance Services Our fees for the services described in the corresponding section of our response to Section 2 are as follows: A. Arbitrage Rebate Compliance Services (on a per bond issue basis) Annual Report Fee (per report) $2,000 B. Continuing Disclosure Services Electric System $11,000 Redevelopment $7,000 Water System $5,000 C. Derivative Monitoring Services Per Outstanding Derivative (swap) $2,500 D. SB 1029 Services Report Fee $1,000 Please note that we are open to other fee arrangements and would welcome any discussion with the City regarding our fee proposal. 8 EXHIBIT C 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. 20 EXHIBIT D 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. 21 City Council Agenda Item Report Agenda Item No. COV-378-2020 Submitted by: Veronica Petrosyan Submitting Department: Health and Environmental Control Department Meeting Date: November 3, 2020 SUBJECT Greater Los Angeles County Vector Control District Annexation No. 2019-07 Recommendation: Adopt a Joint Resolution of the Board of Supervisors, as the Governing Body of the County of Los Angeles, the Consolidated Fire Protection District of Los Angeles County, the Los Angeles County Flood Control District, and the Belvedere Garbage Disposal District, and the Board of Directors of the Greater Los Angeles County Vector Control District, the Los Angeles County Sanitation District No. 1 , the Los Angeles County Sanitation District No. 2, the Los Angeles County Sanitation District No. 23, and the Water Replenishment District of Southern California, and the City Council of Vernon, approving and accepting the negotiated exchange of property tax revenue resulting from Annexation No. 2019-07 to the Greater Los Angeles County Vector Control District. Background: The Greater Los Angeles County Vector Control District (GLACVCD) provides mosquito control, surveillance, and education to residents within 35 cities and areas of unincorporated Los Angeles County. On December 20, 2016, Resolution No. 2016-68 was approved by City Council supporting the annexation of the City of Vernon into the GLACVCD. Since 2017, the GLACVCD has provided contract services to the City of Vernon under an out-of-agency service agreement approved by the LAFCO in order to assess the feasibility and scope of annexation. On June 13, 2019, the GLACVCD Board of Trustees authorized the GLACVCD to proceed with the annexation of the City of Vernon. The Department of Health and Environmental Control was required to file an application for annexation with the LAFCO by August 1 , 2019. Accordingly, on July 16, 2019, the City of Vernon executed the Local Agency Formation Commission (LAFCO) application to annex the City of Vernon into the Greater Los Angeles County Vector Control District (GLACVCD). In order to complete the annexation process, the City of Vernon must adopt the Joint Tax Transfer Resolution with the County of Los Angeles. The joint resolution has been reviewed and approved as-to-form bythe CityAttorney's Office. The City's existing contract with the GLACVCD will be terminated upon completion of the annexation. Fiscal Impact: Currently, there are approximately 1,260 assessable parcels in the City of Vernon. Based on the current rate of$12.79 per parcel, the GLACVCD will receive approximately$16,115 in tax revenue. The City of Vernon owns 55 parcels and will have a $703.45 tax obligation annually. The City of Vernon will realize a significant savings by completing the annexation process as the current 3-year agreement with GLACVCD is for a not-to-exceed amount of$90,000. Attachments: 1. Joint Tax Resolution 2. Resolution No. 2016-68 adopted December 15, 2016 3. LAFCO Application of Los County of Los Angeles = - CHIEF EXECUTIVE OFFICE Kenneth Hahn Hall of Administration w rl 500 West Temple Street.Room 713,Los Angeles.California 90012 (213)974-1101 o4trFottNP R http://ceo.lacounty.gov FESIA A. DAVENPORT Board of Supervisors Acting Chief Executive Officer HILDA L.SOLIS September 15, 2020 First District MARK RIDLEY-THOMAS Second District SHEILA KUEHL Carlos Fandino Third District City of Vernon JANICE HAHN 4305 S. Santa Fe Avenue Fourth District KATHRYN BARGER Vernon, CA 90058 Fifth District Dear Mr. Fandino: JOINT TAX TRANSFER RESOLUTION GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT ANNEXATION NO. 2019-07 Enclosed is a complete copy of the Joint Tax Transfer Resolution (Resolution) to be adopted by your agency, including eight (8) pages for original signatures. The original signature pages are required to ensure that each affected agency receives a fully executed Resolution with original signatures. Please assist our Office in facilitating the processing of the enclosed Resolution by executing and returning all of the original signature pages to: County of Los Angeles, Chief Executive Office Economic Development and Affordable Housing Division 500 West Temple Street, Room 750 Los Angeles, CA 90012 Attention: Doyle Chow Additionally, please email the original signature pages at your earliest convenience to dchom;_ceo.iacounty.gov. If you have any questions, please feel free to contact Doyle Chow at (213) 893-0055. Sincerely, W_�� - kL ALLISON E. CLARK Senior Manager Economic Development and Affordable Housing Division AC:JO DC:yy Enclosures tuion Tax Transfer Resole w-City of Rancho Palos Verdes No 2019601_Verrm-0315-20 "To Enrich Lives Through Effective And Caring Service" JOINT RESOLUTION OF THE BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE COUNTY OF LOS ANGELES, THE CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY, THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, AND THE BELVEDERE GARBAGE DISPOSAL DISTRICT, AND THE BOARD OF DIRECTORS OF THE GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT, THE LOS ANGELES COUNTY SANITATION DISTRICT NO. 1, THE LOS ANGELES COUNTY SANITATION DISTRICT NO. 2, THE LOS ANGELES COUNTY SANITATION DISTRICT NO. 23, AND THE WATER REPLENISHMENT DISTRICT OF SOUTHERN CALIFORNIA, AND THE CITY COUNCIL OF VERNON, APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE RESULTING FROM ANNEXATION NO. 2019-07 TO THE GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT WHEREAS, pursuant to Section 99 of the Revenue and Taxation Code, for specified jurisdictional changes, the governing bodies of affected agencies shall negotiate and determine the amount of property tax revenue to be exchanged between the affected agencies; and WHEREAS, the Board of Supervisors of the County of Los Angeles, as the governing body of the County, the Consolidated Fire Protection District of Los Angeles County, and the Los Angeles County Flood Control District, and on behalf of the Belvedere Garbage Disposal District; and the governing bodies of the Greater Los Angeles County Vector Control District, the Los Angeles County Sanitation District No. 1, the Los Angeles County Sanitation District No. 2, the Los Angeles County Sanitation District No. 23, the Water Replenishment District of Southern California; and the City Council of Vernon, have determined the amount of property tax revenue to be exchanged between their respective agencies as a result of the Greater Los Angeles County Vector Control District Annexation No. 2019-07 is as set forth below: NOW, THEREFORE, BE IT RESOLVED as follows: 1. The negotiated exchange of property tax revenue between the County of Los Angeles, Consolidated Fire Protection District, Flood Control District, Belvedere Garbage Disposal District, the Greater Los Angeles County Vector Control District, the Los Angeles County Sanitation District No. 1, the Los Angeles County Sanitation District No. 2, the Los Angeles County Sanitation District No. 23, the Water Replenishment District of Southern California, and the City Council of Vernon, as a result of the Greater Los Angeles County Vector Control District Annexation No. 2019-07 ("Annexation No. 2019-07") which proposes the annexation of said territory to the Greater Los Angeles County Vector Control District, is approved and accepted. 2. In the fiscal year commencing in the year after the filing of the statement of boundary change for Annexation No. 2019-07 with the Board of Equalization pursuant to Government Code sections 54902 and 57204, and every fiscal year thereafter, the following ratios of the annual property tax growth in Tax Rate Areas shall be transferred to the Greater Los Angeles County Vector Control District as a result of Annexation No. 2019-07 to the District. The other affected taxing entities' shares of property tax growth in Tax Rate Areas shall be adjusted as calculated by the Auditor-Controller of Los Angeles County. Joint Resolution Greater Los Angeles County Vector Control District Annexation No. 2019-07 Page 2 of 9 Tax Annual Tax Tax Annual Tax Tax Annual Tax Rate Increment Rate Increment Rate Increment Area Ratio Transfer Area Ratio Transfer Area Ratio Transfer to the District to the District to the District 810 0.000141937 864 0.000142479 12141 0.000150471 813 0.000141852 10716 0.000143781 12382 0.000143781 818 0.000143781 10717 0.000142366 12383 0.000142479 822 0.000142366 10718 0.000142479 12681 0.000148683 839 0.000141953 10786 0.000145577 12682 0.000148683 842 0.000141877 10828 0.000145536 12683 0,000136432 3. There shall be no additional transfer of property taxes as a result of Annexation No. 2019-07. 4. If at any time after the effective date of this resolution, the calculations used herein to determine initial property tax transfers or the data used to perform those calculations are found to be incorrect thus producing an improper or inaccurate property tax transfer, the property tax transfer shall be recalculated and the corrected transfer shall be implemented for the next fiscal year. SIGNATURES ON FOLLOWING PAGE REMAINDER OF PAGE LEFT INTENTIONALLY BLANK Joint Resolution Greater Los Angeles County Vector Control District Annexation No. 2019-07 Page 3 of 9 PASSED, APPROVED AND ADOPTED this day of 20 by the following vote: AYES: ABSENT: NOES: ABSTAIN: Greater Los Angeles County Vector Control District Signature Print Name and Title ATTEST: Secretary (Signed in Counterpart) Joint Resolution Greater Los Angeles County Vector Control District Annexation No. 2019-07 Page 4 of 9 The foregoing resolution was on the day of 20 adopted by the Board of Supervisors of the County of Los Angeles and ex officio the governing body of all other special assessment and taxing districts, agencies and authorities for which said Board so acts. CELIA ZAVALA, Executive Officer Clerk of the Board of Supervisors of the County of Los Angeles By Deputy APPROVED AS TO FORM: MARY C. WICKHAM County Counsel By Deputy (Signed in Counterpart) Joint Resolution Greater Los Angeles County Vector Control District Annexation No. 2019-07 Page 5 of 9 PASSED, APPROVED AND ADOPTED this day of 20 by the following vote: AYES: ABSENT: NOES: ABSTAIN: Mayor City of Vernon, California ATTEST: City Clerk City of Vernon (Signed in Counterpart) Joint Resolution Greater Los Angeles County Vector Control District Annexation No. 2019-07 Page 5 of 9 PASSED, APPROVED AND ADOPTED this day of 20 by the following vote: AYES: ABSENT: NOES: ABSTAIN: Mayor City of Vernon, California ATTEST: City Clerk City of Vernon (Signed in Counterpart) Joint Resolution Greater Los Angeles County Vector Control District Annexation No. 2019-07 Page 5 of 9 PASSED, APPROVED AND ADOPTED this day of 20 by the following vote: AYES: ABSENT: NOES: ABSTAIN: Mayor City of Vernon, California ATTEST: City Clerk City of Vernon (Signed in Counterpart) Joint Resolution Greater Los Angeles County Vector Control District Annexation No. 2019-07 Page 5 of 9 PASSED, APPROVED AND ADOPTED this day of 20 by the following vote: AYES: ABSENT: NOES: ABSTAIN: Mayor City of Vernon, California ATTEST: City Clerk City of Vernon (Signed in Counterpart) Joint Resolution Greater Los Angeles County Vector Control District Annexation No. 2019-07 Page 5 of 9 PASSED, APPROVED AND ADOPTED this day of 20 by the following vote: AYES: ABSENT: NOES: ABSTAIN: Mayor City of Vernon, California ATTEST: City Clerk City of Vernon (Signed in Counterpart) Joint Resolution Greater Los Angeles County Vector Control District Annexation No. 2019-07 Page 5 of 9 PASSED, APPROVED AND ADOPTED this day of 20 by the following vote: AYES: ABSENT: NOES: ABSTAIN: Mayor City of Vernon, California ATTEST: City Clerk City of Vernon (Signed in Counterpart) Joint Resolution Greater Los Angeles County Vector Control District Annexation No. 2019-07 Page 5 of 9 PASSED, APPROVED AND ADOPTED this day of 20 by the following vote: AYES: ABSENT: NOES: ABSTAIN: Mayor City of Vernon, California ATTEST: City Clerk City of Vernon (Signed in Counterpart) Joint Resolution Greater Los Angeles County Vector Control District Annexation No. 2019-07 Page 5 of 9 PASSED, APPROVED AND ADOPTED this day of 20 by the following vote: AYES: ABSENT: NOES: ABSTAIN: Mayor City of Vernon, California ATTEST: City Clerk City of Vernon (Signed in Counterpart) Joint Resolution Greater Los Angeles County Vector Control District Annexation No. 2019-07 Page 6 of 9 PASSED, APPROVED AND ADOPTED this day of 20 by the following vote: AYES: ABSENT: NOES: ABSTAIN: Los Angeles County Sanitation District No. 1 Signature Print Name and Title ATTEST: Secretary (Signed in Counterpart) Joint Resolution Greater Los Angeles County Vector Control District Annexation No. 2019-07 Page 7 of 9 PASSED, APPROVED AND ADOPTED this day of 20 by the following vote: AYES: ABSENT: NOES: ABSTAIN: Los Angeles County Sanitation District No. 2 Signature Print Name and Title ATTEST: Secretary (Signed in Counterpart) Joint Resolution Greater Los Angeles County Vector Control District Annexation No. 2019-07 Page 8 of 9 PASSED, APPROVED AND ADOPTED this day of 20 by the following vote: AYES: ABSENT: NOES: ABSTAIN: Los Angeles County Sanitation District No. 23 Signature Print Name and Title ATTEST: Secretary (Signed in Counterpart) Joint Resolution Greater Los Angeles County Vector Control District Annexation No. 2019-07 Page 9 of 9 PASSED, APPROVED AND ADOPTED this day of 20 by the following vote: AYES: ABSENT: NOES: ABSTAIN: Water Replenishment District of Southern California Signature Print Name and Title ATTEST: Secretary (Signed in Counterpart) i RESOLUTION NO . 2016-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON SUPPORTING THE ANNEXATION OF THE CITY OF VERNON INTO THE GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT WHEREAS, the governing body of the City of Vernon (the "City" ) desires to protect the residents from mosquito-borne disease; and WHEREAS, the City does not have the internal capacity or funding streams necessary to establish a prevention-based vector control services program; and WHEREAS, the Greater Los Angeles Vector Control District (the "District") is the established vector control services agency in Los Angeles County and utilizes state-of-the-art methods, equipment, and applications to best protect the residents of Vernon from mosquito- borne disease; and WHEREAS, the City has budgeted resources to pay the fees associated with the City' s annexation into the District; and WHEREAS, the City is supportive of the District annexing the City of Vernon into its boundaries . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS : SECTION 1 : The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct . SECTION 2 : The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA) , pursuant to Section 15319, Annexations of Existing Facilities and Lots for Exempt Projects, and Section 15320, Changes in Organization of Local Agencies . SECTION 3 : The City Council of the City of Vernon hereby supports the annexation of the City of Vernon into the Greater Los Angeles County Vector Control District. SECTION 4 : The City Council of the City of Vernon hereby authorizes City staff to assist the District in its actions to complete the annexation of Vernon into the District boundaries. SECTION 5 : The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the City Clerk' s, or Deputy City Clerk' s, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 15th day of December, 2016 . IJI.X-- Name: William J. Davis Title: Mayor ATTEST: ria E . Iyala City Clerk / APPROVED AS TO FORM: Zayn V oussa, Senior Deputy City Attorney - 2 - r STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, Maria E . Ayala , City Clerk /� n_ r� t�� CL -of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2016-68, was duly passed, approved and adopted by the City Council of the City of Vernon at a special meeting of the City Council duly held on Thursday, December 15, 2016, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this 2 eday of December, 2016, at Vernon, California . �•a4477�= M ria E PAyala City Clerk (SEAL) 3 - LAFCOlocal Agency Formation Commission for the County A Los Angeles SO South Lake Avenue,Suite 870,Pasadena,CA 91301 r, n Telephone:(626)204-6500 Fax:(626)204-6507 for the(o,,,of t_o Ang,'P APPLICATION TO INITIATE PROCEEDING FOR CHANGE OF ORGANIZATION/REORGANIZATION (Pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Division 3,Title 5,Commencing with Section 56000, of the Government Code) 1. LAFCO PROPOSAL DESIGNATION NO.: Annexation # 2019-07 GLACVCD 2. PROPOSAL INITIATED BY: Identify the party initiating this proposal (please check one). Public Agency Name of Public Agency: City of Vernon Resolution Date: 12/15/2016 Name and title: Landowner/Registered Voter Petition Name of Chief Petitioner: Name of Chief Petitioner: Name of Chief Petitioner: This party or parties shall be referred to herein as"the Applicant". 3. DESIGNATED CONTACT PERSON: Name: Carlos Fandino Title: City Administrator Address: 4305 Santa Fe Avenue City: Vernon State: CA Zip Code: 90058 Telephone: 323-583-8811 x266 E-mail: cfandino@ci.vernon.ca.us The Applicant is requested to notify LAFCO immediately of any changes in the designated contact person. 4. RELATED JURISDICTIONAL CHANGES "Affected Local Agencies" (Cities and/or Special Districts): a. GLACVCD Annexation 17 Detachment SOI amendment F7 b. Annexation Detachment1-1 SOI amendment Attach additional sheets if necessary. Page 1 of 17 LAFCO Local Agency Formation Commi—.. for die C--,of Los Ang,?e— e. Is the affected territory(any territory for which a change of organization, reorganization,or Sphere of Influence change is proposed)within the Sphere of Influence(SOI)of the city or special district into which it is proposed to be annexed? ❑ Yes o No Note: If the answer is "No,"the Applicant must request an SOI amendment(4a-4d,above). 5. LANDOWNERS: a. Number of landowners within the affected territory: 1,684 parcels b. If less than 6 landowners, list: Name: Assessor Parcel Number: Name: Assessor Parcel Number: Name: Assessor Parcel Number: Name: Assessor Parcel Number: Name: Assessor Parcel Number: c. Do the boundaries of the proposal conform to existing lines of assessment? ❑� Yes ❑ No If"No,"explain: d. Does the proposal create any islands or corridors of unincorporated territory? Yes No If"Yes,"explain: e. Total Assessed Land Value: $ 4,446,589,926 Tax Roll Year: 2018-19 Date: 6/20/19 6. REGISTERED VOTERS: Number of registered voters: 96 As of: April 2019 Note: State Law defines a proposed change of organization or reorganization as either"Uninhabited,'in which case there are fewer than 12 registered voters in the affected territory, or"Inhabited"'in which case there are 12 or more registered voters. Page 2 of 17 LAFCO L—Agc"cy Po�ma Coin —t— fo the C.. c, t A.,p,,-, 7. GENERAL INFORMATION: a. Location of affected territory: The City of Vernon or Unincorporated Territory known as b. Unified School District(s) name: address: Los Angeles USD - East District 2151 N. Soto Street, Los Angeles, CA 90032 c- Elementary School District(s) name: address: Vernon City Elementary 2360 E Vernon Ave, Vernon, CA 90058 d. High School District(s) name: address: No High School e. Describe the location of the affected territory, including major thoroughfares(freeways, highways,streets, alleys) that border or traverse the territory, natural features(water bodies,mountain ranges,etc.), man-made features (existing development, utility corridors,flood/drainage channels or basins, railroad lines,etc.), and any other characteristics that help identify the affected territory. The entire city of Vernon. Vernon is located approximately 5 miles South of downtown Los Angeles and is bounded by Alameda on the West; 25th, 26th and Washington Boulevard on the North; the 710 freeway on the East; and 52nd, Fruitland and Slauson on the South. Vernon contains a three miles section of the Los Angeles River. f. Size of affected territory: 3,301 ±acres g. Provide a detailed description of the affected territory and existing land-uses, including, but not limited to: commercial, industrial, multi-family or single-family residential, institutional,active recreational,and/or passive open space. The entire City of Vernon is zoned for General Industry with overlay zoning that allows for additional uses in limited locations. These additional uses include: Commercial; Emergency Shelter; Housing; Rendering; Slaughtering; and Truck and Freight Terminal. Page 3 of 17 LAFCO Lotat A&—y For b..ComrNnv fo,the Cou ,of U.Ang0— h. Provide a detailed description of the land uses surrounding the affected territory. All land uses will be affected i. Provide a detailed description of the topography(flat,sloping, mountainous, etc.)of the affected territory. Generally flat. j. Provide a detailed description of any natural boundaries (rivers,lakes,streambeds, mountain ranges,etc.)within or adjacent to the affected territory. Three mile section of the Los Angeles River k. Provide a detailed description of any proposed change of use to the affected territory, including any planned development and/or on-going construction. None I. Provide a detailed description of any flood control facilities(dams, reservoirs,flood control channels,debris basins, catch basins,etc.)within or adjacent to the affected territory. Contains three mile section of the Los Angeles River m. Explain why the proposal is necessary: The proposal is necessary to protect public health. Page 4 of 17 LAFCO n - 7".on for the f 01; Anr.� , 8. POPULATION AND HOUSING: a. Current Population: 209 Source: California Departmentof Finance E-5 Date: May 2018 b. Proposed Population (if development is proposed): N/A C. Proximity to existing populated areas: d. Likelihood of significant growth in the affected territory within the next 10 years (please circle one): F7no growth a modest growth ❑ significant growth e. Likelihood of significant growth in adiacent areas within the next 10 years(please circle one): ❑� no growth ❑ modest growth significant growth 9. GOVERNMENT SERVICES: "Government services" refers to governmental services,whether or not those services would be provided by the local agency or agencies subject to the proposal. It also includes public facilities necessary to provide those services. a. Estimate the present cost and describe the adequacy of government services and controls in the area: N/A b. Estimate the probable future need for government services(including public facilities)or controls in the area: N/A c. If the proposal includes incorporation,formation,or annexation, what will be the effect of this proposal or exclusion and of alternative courses of action on the cost and adequacy of services and controls in the proposed area and adjacent areas? Minimal to the County d. If,as a result of this proposal, increased service demand exceeds the existing capacity,describe what will be done by the service provider to increase capacity of services: None Page 5of17 LAFCO LoW� for the county of Lm Anrle e. List any assessments,fees, or other charges to be levied as part of this proposal and/or that may be levied in the near future: There will be a direct assessment f. List any Joint Powers Authorities(JPAs)or(equivalent)which may be providing services to the affected territory and/or surrounding territory: NIA 10. EFFECTS OF THE PROPOSED ACTION: a. What will be the effect of the proposed action on adjacent areas? The proposed action will ensured GLACVCD would be able to provide a comprehensive public health protection against mosquito-borne illnesses such as West Nile and Zika viruses in Los Angeles County. b. What will be the effect of the proposed action on mutual social and economic interests? None c. What will be the effect of the proposed action on the local governmental structure of the County of Los Angeles? None d. What will be the effect of the alternative action on adjacent areas, on mutual social and economic interests,and the local governmental structure of the County of Los Angeles? Minimal to the County Page 6 of 17 LAFCO for the Cap ,M I.as Angr- e. What will be the effect or impact if the proposed action is denied by LAFCO? If the proposed action is denied by LAFCO, there would be inadequate mosquito-borne vector surveillance, control and abatement within the city. Lack of adequate vector control services would have the potential to cause a major health crisis that may impact Los Angeles County and beyond. 11. OPEN SPACE LAND CONVERSION: a. Will the proposal result in the conversion of any open-space lands to other uses? Yes V No 12. AGRICULTURAL LANDS: a. Will the proposal have any effect on maintaining the physical and economic integrity of agricultural lands? Yes a No b. Is there any Prime Agricultural Land within the affected territory? ❑ Yes W] No c. Is any of the land within the affected territory currently utilized for commercial agricultural purposes? ❑ Yes a No d. Was any of the land within the affected territory utilized for commercial agricultural purposes within the last ten years? ❑ Yes V No 13. GENERAL PLAN AND ZONING: a. Existing General Plan land use designation(s): The entire City of Vernon is zoned for General Industry with overlay zoning that allows for additional uses in limited locations These additional uses include:Commercial;Emergency Shelter;Housing;Rendering;Slaughtering;and Truck and Freight Terminal. b. Is the proposal consistent with the existing General Plan land use designation? Yes No c. Existing Zoning designation(s): The entire City of Vernon is zoned for General Industry with overlay zoning that allows for additional uses in limited locations.These additional uses include:Commercial; Emergency Shelter;Housing;Rendering;Slaughtering: and Truck and Freight Terminal. d. Is the proposal consistent with the existing zoning designation? QYes ❑ No Page 7 of 17 LAFCO Lxal Agency Ford—Commission fw the County of Los Angeles e. Is the proposal within a Specific Plan? 1-1 Yes ❑� No f. Existing Specific Plan Designation(s): Vernon only has a General Plan and does not have any specific Plan Areas g. Is the proposal consistent with the existing Specific Plan designation? F7 Yes No h. If annexation to a city is proposed,what is the City's General Plan designation of the affected territory? N/A i. If annexation to a city is proposed,are the existing land-uses consistent with the City's General Plan designation(s)? Yes Fv(] No j. If annexation to a city is proposed,what is the City's Pre-Zoning designation of the affected territory? N/A k. If annexation to a city is proposed, is the existing zoning consistent with the City's Pre-Zoning designation(s)? Yes a No I. Is the proposal consistent with the most recent Regional Transportation Plan adopted by Southern California Association of Governments? RV/ Yes ❑ No 14. PLAN TO PROVIDE SERVICES: a. Describe services to be extended to the affected territory: Greater Los Angeles County Vector Control District (GLACVCD) will provide an enhanced vector control services that will include disease surveillance, monitoring and control of vectors as well as public education. b. Describe the level and range of those services to be provided: Range of services would include: Survey of vector population;Vector sampling including mosquitoes, black flies and non-biting midges; Control strategies-source reduction, biological and chemical control measures; Public education and outreach to help residents adopt best practices that reduces vector production and disease prevention; Abatement process to address egregious offenders of the law pertaining to public health. Page 8 of 17 LAFCO Local Agency fo a..Commission for Ne Cnu ,of!—A,,"l s c. Describe any improvements or upgrades of structures,roads,sewer,water facilities,or other public facilities associated with this change of organization/reorganization: No changes d. How will services be financed? Direct assessment 15. TIMELY AVAILABLILTY OF WATER SUPPLIES: a. How will the proposal impact the timely availability of water supplies adequate for projected needs? No impact b. For projects involving a proposed change in land use and/or new development—Please provide a recent will-serve letter,water supply analysis, or equivalent,from the water provider(s)(wholesaler,retailer, private water company, etc.)concerning the current adequacy of water supply for the project: N/A 16. REGIONAL HOUSING NEEDS (only for city proposals): a. Identify how the proposal will affect a city or cities and the County of Los Angeles in achieving their respective fair shares of the regional housing needs,as determined by the Southern California Association of Governments(SCAG): N/A b. Date of most recent approval by the State Department of Housing and Community Development(HCD)of the City's Housing Element: N/A 17. ENVIRONMENTAL JUSTICE: Government Code Section 56668(p)defines environmental justice as"the fair treatment of people of all races, cultures,and incomes with respect to the location of public facilities and the provisions of public services." Page 9 of 17 LAFCO Loc 1 Aac y Fo.m n—Co C.--- I.,the C-Dent,o1 L—A,,X,-,. a. Identify how the proposal will promote environmental justice: Annexation will close the critical vector control service gap that exist around the services provided by GLACVCD within the 35 cities and the unincorporated areas of Los Angeles County. This will also promotes the mission of"Everyone deserves to live in a clean, healthy environment". 18. DISADVANTAGED UNINCORPORATED COMMUNITIES(DUCs): LAFCO maintains maps of all DUC's within Los Angeles County on the"Disadvantaged Unincorporated Communities"section of LAFCO's website. Please consult these maps to determine if there are DUCs within or adjacent to the affected territory that is the subject of your proposal. a. Is the affected territory within a DUC? NO YES Give general location of DUC: The DUC is located within the Los Angeles Basin. See attached map. b. Is the affected territory adjacent to a DUC? aNO ❑ YES Give general location of DUC: 19. BONDED INDEBTNESS: a. Do the agencies whose boundaries are being changed have any existing bonded debt? ❑ YES a NO b. Will the proposal area be liable for payment of its fair share of this existing debt? YES 571 NO c. In the case of detachment requests,does the detaching agency propose that the subject territory continue to be liable for existing bonded debt? YES 571 NO Page 10 of 17 LAFCO (or the C--,0 L—Agcks 20. CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEQA)Compliance: a. Check one: oCategorical Exemption/Statutory Exemption ❑ CEQA Guideline Section: 15319 and 15320 Negative Declaration(ND) Mitigated Negative Declaration (MND) ❑ Environmental Impact Report(EIR) b. Identify the Lead Agency which adopted a CEQA clearance for the proposal: City of Vernon c. Date Lead Agency adopted the CEQA clearance for the proposal: 12/15/2016 d. Submit complete copies of CEQA compliance documents. e. Submit complete copies of any Notice of Exemption(NOE)or Notice of Determination (NOD). 21. CITY PLAN FOR MUNICIPAL SERVICES (only for city proposals): Municipal Service Current Service Provider Proposed Service Provider Animal Control Fire& Emergency Medical Flood Control Library Mosquito and Vector Control GLACVCD GLACVCD Park and Recreation Planning Police Road Maintenance Solid Waste Street Lighting Water Wastewater Page 11 of 17 LAFCO Lora AS—cy for d—Gommi-i— for the cat Lo<Ang»»s Animal Control Describe services to be extended to the affected territory: N/A Describe the level and range of those services to be provided: N/A Describe any improvements or upgrades or transfers of facilities: N/A How will services be financed? N/A Fire and Emergency Services Describe services to be extended to the affected territory: N/A Describe the level and range of those services to be provided: N/A Describe any improvements or upgrades or transfers of facilities: N/A How will services be financed? N/A Flood Control Describe services to be extended to the affected territory: N/A Describe the level and range of those services to be provided: N/A Describe any improvements or upgrades or transfers of facilities: N/A How will services be financed? N/A Page 12 of 17 LAFCO for the C--tv of Loa Angel— Library Describe services to be extended to the affected territory: N/A Describe the level and range of those services to be provided: N/A Describe any improvements or upgrades or transfers of facilities: N/A How will services be financed? N/A Mosquito&Vector Control Describe services to be extended to the affected territory: Greater Los Angeles County Vector Control District(GLACVCD)will provide an enhanced vector control services that will include disease surveillance, monitoring and control of vectors as well as public education. Describe the level and range of those services to be provided: Range of services would include.Survey of vector population,Vector sampling including mosquitoes,black flies and non-biting midges;Control strategies-source reduction,biological and chemical control measures,Public education and outreach to help residents adopt best practices that reduces vector production and disease prevention.Abatement process to address egregious offenders of the law pertaining to public health Describe any improvements or upgrades or transfers of facilities: Annexation by GLACVCD will improve vector control services within the city and also help eliminate any service gaps that may exist within the surrounding communities How will services be financed? Direct assessment Parks and Recreation Describe services to be extended to the affected territory: N/A Describe the level and range of those services to be provided: N/A Describe any improvements or upgrades or transfers of facilities: N/A How will services be financed? N/A Page 13 of 17 LAFCO Local Agency fo.—d—C.—m.on b.the C--y of Los Anne+- Planning Describe services to be extended to the affected territory: N/A Describe the level and range of those services to be provided: N/A Describe any improvements or upgrades or transfers of facilities: N/A How will services be financed? N/A Police Describe services to be extended to the affected territory: N/A Describe the level and range of those services to be provided: N/A Describe any improvements or upgrades or transfers of facilities: How will services be financed? N/A Road Maintenance Describe services to be extended to the affected territory: N/A Describe the level and range of those services to be provided: N/A Describe any improvements or upgrades or transfers of facilities: N/A How will services be financed? N/A Page 14 of 17 LAFCO local ft-y Fo,--Co—nu— (or the C—,,of Lis A.Kc'— Solid Waste Disposal Describe services to be extended to the affected territory: N/A Describe the level and range of those services to be provided: N/A Describe any improvements or upgrades or transfers of facilities: N/A How will services be financed? N/A Street Lighting Describe services to be extended to the affected territory: N/A Describe the level and range of those services to be provided: N/A Describe any improvements or upgrades or transfers of facilities: N/A How will services be financed? N/A Water Describe services to be extended to the affected territory: N/A Describe the level and range of those services to be provided: N/A Describe any improvements or upgrades or transfers of facilities: N/A How will services be financed? N/A Page 15 of 17 LAFCO Local Agency Fo—tco"Commission for the County of Lot"eles Wastewater Describe services to be extended to the affected territory: N/A Describe the level and range of those services to be provided: N/A Describe any improvements or upgrades or transfers of facilities: N/A How will services be financed? N/A INDEMNIFICATION/ LEGAL DEFENSE As a condition to the Local Agency Formation Commission for the County of Los Angeles' (LAFCO's)evaluation of the Applicant's proposal, the Applicant and, if different, the Real Party In Interest (i.e., the landowner) City of Vernon hereby warrant, represent, and agree to defend, indemnify, hold harmless LAFCO and its agents, officers, commissioners, and employees from any claim, action, or proceeding against LAFCO or its agents, officers, commissioners, and employees, relating to or arising out of LAFCO's evaluation or processing of the proposal, including, but not limited to, any action to attack, set aside,void, annul, enjoin, or compel LAFCO's approval, disapproval,evaluation, or processing of the proposal,which indemnification obligation includes, but is not limited to,Applicant/Real Party In Interest being required to pay for any costs and reasonable attorneys' fees incurred or anticipated to be incurred by LAFCO in connection with any such action. This indemnification obligation shall not include intentional or willful misconduct on the part of LAFCO, but shall include passive and/or concurrent active negligence by LAFCO. Applicant/Real Party In Interest agree that LAFCO has the right to appoint its own counsel for its defense and conduct its own defense in the manner it deems in its best interest, and that such actions will not relieve or limit Applicant's/Real Party In Interest's obligations to indemnify and reimburse defense costs. At the discretion of the Executive Officer, a deposit or deposits of funds by the Applicant may be required in an amount or amounts sufficient to cover any anticipated or incurred litigation costs. Page 16 of 17 LAFCO, for cl+e C� •rr o.,.� Angres PROPOSAL CERTIFICATION By my signature below, I hereby certify my understanding that: • I/We are authorized to make these certifications and file this Proposal with LAFCO on behalf our city,special district, corporation, landowner,and/or other party filing said Proposal, and I/we will provide written evidence of same to LAFCO upon request. • It is the responsibility of the Applicant to substantiate this Proposal. • There is no guarantee,expressed or implied,that any Proposal will be approved by LAFCO. • Each matter must be carefully evaluated by LAFCO staff. • LAFCO staff's recommendation may change during the course of the review based on the information presented. • A public hearing may be required,the proposal may be subject to a "protest" process,and the proposal may be subject to an election. • The environmental review(pursuant to the California Environmental Quality Act)associated with the submittal of this application is preliminary, and,after further evaluation,additional information, reports,studies, applications,and/or fees may be required. • The required map and geographic description must conform to the"Instructions of Completing Maps and Geographic Descriptions,"to the satisfaction of the Executive Officer. • If my proposal is denied, I am/We are not entitled to any refund of fees paid. • Submitting inaccurate or incomplete information may result in delays or denial of my Proposal. • The information I have provided in this Proposal, including all attachments and supplemental information provided, is accurate and correct to the best of my knowledge,subject to penalty of perjury. • This proposal will not be scheduled for consideration by the Commission(LAFCO)until all required documents are provided,to the satisfaction of the Executive Officer. • I/We have reviewed and agree to the Indemnification/Legal Defense terms,above. I have read and understand the foregoing, and agree to the submittal of this Proposal. APPLICANT REAL PARTY IN INTEREST 'N1 71141 If Signature/Date Signature/Date City of Vernon Name of Applicant Name of Real Party In Interest Carlos Fandino, City Administrator Name & Position of Person Signing Name& Position of Person Signing (if different from Applicant) (if different from Real Party In Interest) r ATTE T: AP 0 D AS TO FORM: Page 17 of 17 De rah Harrington, �✓ Br Byun, Interim City Clerk Seni r Deputy City Attorney E © PHTA C�ARITA i>Tn.r E nww4 Nllb BAN f'ERNANDO r' iirtwerrA ir&M V.rNAHdrr Vor HN c-w ( r— 1 h� N hat, /1 /)/; RPSA?Y'.M1 HIDDEN HILLS O.ks Y.y f..l LosmmFs �t 1 Boc4-:... Hal—u j !t /i Hrb r- IIlydw/. �soui ..:'..:au1 1f11i r PNSADENA N£sTHOt tV 000 rnrpr - Auvin El.r+.w.: Rli.aJr+ Rnnro rad av4wV HILLS 101 (+!nrr&Ae k" AI.HIMBRA MHr MfAdr r YONiERf` \2, RAw, hA—.k Hr ire i � ' ..rA 'vERnON "OMMFRCE f nw�w, rz wGrOH rr(arY 1 \ �}}} GUOAHY f!BELt � wCiEWOOG .-.n. GARDENS NNttNrgr 1 A �m, fV.t4 /pDWNeV n. ib YAyVTHDRNE t�O__ _ h.V\^ ro r I '�i�� PPRAMIUNT �� 1 � autDENA .:.ra+nr-AH Rr A ..vHw�e LLL!1 cow-cv. 13 9f' ::-•� lu LAKEWOOD maRAHrE hno cARSOH LDW. N Legend Disadvantaged Unincorporated u ll Unincorporated County Communites (DUCs) s Territory Los Angeles Basin � /► '` DUCs-Less than$48,875 Ll1FCO or 80%of Median 3 Household Income s wes uwa fsa�i G++«i.::...,,vn l,mw 1LL A+S G •F Ww>a.lw:.�aia�'9wu.r..m.e