Table of Contents
Agenda 2 Agenda Items 5.a. City Council Minutes 8 5.b. Register of Audited Demands 28 5.c. Treasurer's Report 34 5.d. Fourth of July Trafflic Plan 40 5.e.1. Reso. 18-33, Final Homeless Plan 42 5.e.2. Reso.18-34, NPDES Monitoring Agreement 80 5.e.3. Reso.18-35, Annual Agreements 98 5.e.4. Reso.18-36, Adopting Budget 388 6.a. Utility User's Tax Hearing 390 6.b. Old Town La Verne Business District 392
1 CITY OF LA VERNE CITY COUNCIL AGENDA
Don Kendrick, Mayor www.cityoflaverne.org (909) 596-8726 - Phone Muir Davis, Mayor Pro Tem (909) 596-8740 - Fax Robin Carder, Council Member City Hall Council Chamber Charlie Rosales, Council Member 3660 D Street Tim Hepburn, Council Member La Verne, CA 91750
Monday, June 18, 2018 - 6:30 p.m. City Hall Council Chambers 3660 D Street, La Verne, CA 91750
Attendance and participation at the City of La Verne Council meetings are welcomed and appreciated. Community engagement provides the City Council with valuable information. Regular Meetings are held on the 1st and 3rd Monday of every month. In compliance with the American Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk’s Office at (909) 596-8726 at least 48 hours prior to the meeting.
All items submitted for future agendas must be in writing to the Assistant City Clerk no later than 5 p.m. on the Monday prior to the first and third Monday of each month. Materials related to an item on this agenda, submitted to the Council after distribution of the agenda packet, are available for public inspection at the meeting or in the City Clerk’s Office during normal business hours.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Council Member Carder, Council Member Rosales, Council Member Hepburn, Mayor Pro Tem Davis and Mayor Kendrick
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4. ANNOUNCEMENTS AND PRESENTATIONS
a. La Verne Youth “Pride of La Verne” Award - The City of La Verne recognizes that the youth in our community are tomorrow’s future leaders. Each year a La Verne youth that has made an outstanding contribution to the City during the past year will be selected by the Youth and Family Action Committee (YFAC) to receive the La Verne Youth of the Year Award. This year the YFAC received three (3) nominations of youth that improved their volunteering, established a program, or for an outstanding accomplishment.
The first recipient of the La Verne Youth “Pride of La Verne” Award is Olivia Colasuonno., Olivia’s Ramona Middle School English teacher Mary Falabrino stated “Olivia is a wonderful student”. She is extremely conscientious and hardworking. She maintains excellent academic scores and shows strong leadership qualities. She surrounds herself with like-minded peers and is driven to be successful. She makes an indelible impression on everyone she meets. Not only is she an outstanding student, she is passionate about helping others and with the support of her family she is active in many charities. Olivia volunteers her time during the holidays to collect food for needy families, and has helped raise thousands of dollars to support the Humane Society. She has formed and runs her own charity that collects blankets and supplies for dogs in shelters as well. She is actively participating in the annual Inland Valley Humane Society “Paw for Pets Walk” with her Project Gidget Team to collect donations for the shelter.
b. Bonita High School Girls 4x400m Relay Team Presentation - The Bonita High School Girls 4x400m team won the League Championship, the CIF Championship and for the first time ever, won the State Championship. This is the first time in Bonita High School history that a Bonita female team placed in the State Track & Field Finals. The team was coached by Johnny Deryeghiayan. The team members are as follows:
Alisha Wilson (9th Grade – placed 9th in State for Long Jump) Sierra Julian (12th Grade) Amari Mosley-Prude (12th Grade) Sami Riggs (11th Grade)
Alternates: Megan Shadrick and Rachel Dawson
5. CONSENT CALENDAR (All items on the Consent Calendar are considered to be routine and will be enacted by one motion unless a member of the City Council or member of the audience requests separate discussion.)
a. City Council Minutes of April 16, 2018 and May 7 & 21, 2018, to be received and filed.
b. Register of Audited Demands in the amount of $393,288.09, dated June 5, 2018, and in the amount of $419,854.19, dated June 12, 2018, approval recommended by staff.
c. Treasurer’s Report for the Month of May 2018, to be received and filed.
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d. Traffic Control Plan for the Fourth of July Parade - Each year the City hosts community events to celebrate our nation’s independence. The largest event is the Fourth of July Parade on City streets through Old Town La Verne. The City Engineer prepared a traffic control plan for the parade route. Formal adoption of this plan by the City Council will limit the City’s liability exposure by providing design immunity.
Staff recommends that Council adopt the traffic control plan for the Fourth of July Parade.
e. Resolution (s) passage and adoption recommended, as follows:
1. Resolution No. 18-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING A “PLAN TO PREVENT AND REDUCE HOMELESSNESS” AND AUTHORIZING SUBMISSION OF THE PLAN TO THE COUNTY OF LOS ANGELES
At the June 4, 2018 Council meeting City Council approved a motion directing staff to revise the draft “Plan to Prevent and Reduce Homelessness” (Homeless Plan). Based on Council’s direction staff made the following revisions:
Addition of a fourth goal - Goal 4: Develop Communication Plan for Engaging Community Partners and La Verne Residents - along with accompanying action items, dedicated to the City’s communication strategies related to homelessness. To better align the action items with the goals, the communication strategies identified in action item 1(a) was eliminated from Goal 1: Improve Coordination Among Key Stakeholders and Engage the Community and added under Goal 4: Develop Communication Plan for Engaging Community Partners and La Verne Residents.
Modification of the requirement for an annual review and report on plan progress to the City Council, such that the annual review and report to City Council correspond with, or occur at some point after, the release of the most recent annual Point in Time Count results. The requirement for an annual review and report to City Council will be added as supporting action 4(b) within Goal 4: Develop Communication Plan for Engaging Community Partners and La Verne Residents.
Modification of the name of the Homeless Plan from “Plan to Prevent and Combat Homelessness” to “Plan to Prevent and Reduce Homelessness.” The word “combat” has been removed throughout the document as well.
Staff recommends that the review the revised Homeless Plan and approve the adoption of the Plan by adopting Resolution No. 18-33, and authorize submission of the Plan to the County of Los Angeles.
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2. Resolution No. 18-34 - A RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING THE EXECUTION OF A CONTRACT EXTENSION FOR A MONITORING PROGRAM BETWEEN THE CITY OF LA VERNE AND THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER MANAGEMENT JOINT POWERS AUTHORITY.
The City of La Verne is mandated to meet numerous requirements enacted under the Municipal Separate Storm Sewer System Permit (MS4). There are several facets of compliance and partnering with surrounding communities to achieve compliance in mandatory downstream monitoring will be the most cost effective approach. Staff is seeking Council concurrence to renew our partnership with the Gateway Water Management Authority to meet this one aspect of compliance.
Staff recommends approval of Resolution 18-34, authorizing the Public Works Director to execute the attached agreement with the Los Angeles Gateway Region, Integrated Regional Water Management Joint Powers Authority along with their partners to share costs and monitoring data in compliance with the MS4 Permit.
3. Resolution No. 18-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING ANNUAL CITY AGREEMENTS FOR FISCAL YEAR 2018-19.
Each year, the City Council considers all agreements presented to City Council that are either renewals or extensions of agreements previously approved by City Council except for Cico Electrical Contractors, Morrow-Meadows, and Tesco Controls, which are new agreements. Cico Electrical Contractors is an agreement for electrical maintenance service; Morrow-Meadows is an agreement that maintains pump motors and similar equipment; and Tesco Controls is an agreement for Supervisory Control and Data Acquisition (SCADA) consulting and maintenance services. All service agreements will be approved with one motion unless separate discussion is requested by Council.
Staff recommends that the City Council approve the City annual agreements by adopting Resolution No. 18-35, which authorizes the Mayor and Assistant City Clerk to execute the annual City agreements as listed in the Resolution.
4. Resolution No. 18-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING A BUDGET FOR THE 2018-19 FISCAL YEAR.
A proposed budget was submitted and discussed at a budget study session held just prior to this Council meeting. At that study session, the City Manager and each of the department heads presented their respective sections of the budget document for Council discussion and consideration. Adopting Resolution No. 18- 36 will officially adopt the 2018-19 budget.
Staff recommends that the City Council adopt Resolution No. 18-36 adopting a budget for the 2018-19 fiscal year.
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6. PUBLIC HEARINGS
a. Hearing to Determine Necessity of Utility User’s Tax - The provisions of Ordinance No. 955, requires an annual hearing to determine whether it is necessary to continue the City’s Utility User’s Tax (UUT). The proposed 2018-19 budget contemplates utilizing all of the estimated $ 2,850,000 in UUT revenue in an effort to have a balanced budget.
Staff Recommendation: Based upon fiscal policies previously established, the City Council should maintain the City’s UUT at their current voter approved rates.
b. Old Town La Verne Business Improvement District -This annual public “protest” hearing is required in-order to comply with State Law, the Municipal Code, and By-Laws relative to the Old Town La Verne Business Improvement District (OTLVBID). The City Council is requested to consider the following:
1. Receive and file a report of the OTLVBID prior year activities, following the annual protest hearing; 2. Approve the proposed OTLVBID 2018-2019 Annual Budget, and incorporate it into the overall City Budget; 3. Approve re-establishment of the District boundaries and assessment formula; and 4. Authorize the OTLVBID’s proposed expenditure of $5,000 to be presented to Sowing Seeds for Life as the non-profit selected to receive the financial contribution from the Wine Walk event.
Mayor Kendrick will abstain from voting on this matter because he owns a business within the district boundaries. Staff Recommendation: The City should following conduct of the annual “protest” hearing, adopt Resolution No.18-37, approving the OTLVBID Annual Report and effectively:
1. Receive and file a report of the OTLVBID prior year activities;
2. Approve the proposed OTLVBID 2018-2019 Annual Budget;
3. Approve re-establishment of the District boundaries and assessment formula; and
4. Authorize the expenditure of $5,000 to Sowing Seeds for Life from the proceeds of the Wine Walk event.
Resolution No. 18-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, OVERRULING PROTESTS AND APPROVING THE ANNUAL REPORT OF THE OLD TOWN LA VERNE BUSINESS IMPROVEMENT DISTRICT FOR 2018-2019 PURSUANT TO THE PROVISIONS OF SECTION 36500 ET SEQ. OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA AND AUTHORIZING THE EXPENDITURE OF $5,000 FOR A CHARITABLE CONTIBUTION TO SOWING SEEDS FOR LIFE WITH PROCEEDS FROM THE WINE WALK EVENT
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7. PUBLIC COMMENTS/ORAL COMMUNICATIONS - This is the time set aside for anyone wishing to address the City Council on items not listed in any other place on the agenda. Under the provisions of the Brown Act, the legislative body is prohibited from talking or engaging in discussion on any item not appearing on the posted agenda. However, your concerns may be referred to staff or set for discussion at a later date. Any person desiring to speak should complete a ‘Speaker Card,’ located at the podium, and hand it to the Assistant City Clerk. When addressing the Council, please go to the podium and state your name and address for the record. The Mayor reserves the right to place limits on duration of comments.
8. COUNCIL COMMENTS AND CONFERENCE/MEETING REPORTS - Each Council Member may address the Council and public on matters of general information and/or concern. This is also the time for Council Members to report on conferences and/or meetings they have attended.
9. CLOSED SESSION
a. Conference with Labor Negotiator (Government Code Section 54957.6).
Negotiators: City Manager, Personnel Officer, and City Attorney Employee Organization(s): La Verne City Employees Association, La Verne Police Officers’ Association, La Verne Firefighters’ Association, La Verne Police Middle Management Association, and all unrepresented employees.
10. ADJOURNMENT to Monday, July 2, 2018, at 6:00 pm, for a City Council Study Session for the purpose of discussing the Pension Obligation Bond as to the amount of the issuance.
It is expected that the next regular meeting of the La Verne City Council scheduled for Monday, July 2, 2018, will be CANCELED in observance of the Fourth of July holiday.
THE NEXT REGULAR MEETING of the La Verne City Council is scheduled for Monday, July 16, 2018, 6:30 pm.
ADVISORY STAFF
____ Robert Russi, City Manager ____ Robert Kress, City Attorney ____ Lupe Gaeta Estrella, Assistant City Clerk ____ Dan Keesey, Director of Public Works ____ Director of Community Development ____ Bill Aguirre, Director of Community Services ____ Nick Paz, Police Chief ____ Pete Jankowski, Fire Chief ____ Dominic Milano, City Engineer ____ Bill Elftman, Information Services Manager
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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA VERNE HELD IN THE COUNCIL CHAMBERS OF THE LA VERNE CITY HALL Monday, April 16,2018
I A regular meeting of the La Verne City Council was called to order by Mayor Kendrick at 6:30 p.m.
2 Council Members present: Mayor Don Kendrick Mayor Pro Tem Tim Hepburn Council Member Robin Carder Council Member Charlie Rosales Council Member Muir Davis
Absent: None.
Advisory personnel present: City Manager Robert Russi City Attorney Robert L. Kress Assistant City Clerk Lupe Gaeta Estrella Public Works Director Dan Keesey Community Oevelopment Director Eric Scherer Community Services Director Bill Aguirre Acling Finance Director Nathan Statham Police Chief Nick Paz Police Captain Colleen Flores Police Lieutenant Sam Gonzalez Fire Chief Pete Jankowski Personnel Officer JR Ranells Recreation Coordinator Chad Peterson Maintenance Manager Anthony Ciotti
Pledge of Allegiance was led by Mayor Kendrick.
4 Calvary Baptist Boys Mayor Don Kendrick on behalf of the City Council introduced and Basketball 2018 congratulated 2018 Calvary Baptist Boys Basketball Team. The La Verne Calvary Baptist Boys Basketball Team had a season record of 21-5 and went 12-O in league to win the Majestic League Championship The team advanced to the semi-finals of the CIF Division 5A championships before losing to a school with over 1500 students. The team was invited to the State Playotfs and was defeated by 7 points to a team with over 2000 students at its school. Calvary Baptist only has 37 students in their High School. The team roster is as follows:
Josh Arruejo Joel Pastrana Matlhew Romo lsraelRamirez Adrian LeCesne Junho Choi JoshWoods William Gao Jarrett Luk Rex Cao AbhiKasoji Ryan Callum lsaiah Villar Hayoon Lim Jeremiah Frisco Elisha Frisco Jacob Reynolds
Mayor Kendrick presented the coaches with a Pride of La Verne certificate of recognition for their successful 2018 Basketball season and presented each of the team players with an ln-n-Out gift card.
8 Monday, June 18, 2018, City Council Meeting Page No. 2 City Council Minutes, Monday, April 16, 2018, Page 2
Mayor Don Kendrick on behalf of the City Council introduced and congratulated San Gabriel Valley All-Star Girl's "C" Division Basketball Champions. The Girl's "C" Division AlFStar team was made up of 4th grade girl's from the City's Youth Basketball program. The All-Star team played in the SCMAF- San Gabriel Valley Girl's "C" Division Basketball Tournament which was held in Azusa lhe week of March 12. The team defeated Temple City in their first game by a forfeit, then Duarte in the semifinals, and then Glendora in the finals. The team was coached by Bo Beatty. The team roster is as follows:
Tressa Beatty Faith Kearns Brooke Van Ouyne Avery Bowers Leah Sanchez Jessica Tolan Emmalee Partain
Mayor Kendrick presented the coaches with a Pride of La Verne certificate of recognition for winning the All--Star Girl's'C" Division Basket Champions Basketball and presented each of the team players with an ln-n-Out gift card.
5 The City Council recessed at 6:41 pm and reconvened at 6:42 pm.
6 Consent Calendar It was moved by Rosales, seconded by Carder, and unanimously carried to accept, approve, or act on the Consent Calendar items RegisterSofAuditedDemands@intheamounto1$227'192.87,datedApril 3, 2018, in the amount of $990,650.81, dated April 10,2018. Approved as recommended.
Treasurer's Report Treasure/s Report for the Month of March 2018, received and tiled,
La Verne Youth of the Year @- The City's Youth and Family Action Award Committee (YFAC) is requesting that the City Council approve the implementation of a youth award for the City. The purpose of this award is to honor one youth for their contribution to the community through volunteering, establishing a program, or an outstanding accomplishment. The youth must be a La Verne resident, under the age of 18, and attend school in La Verne. The Award would be given out at the first Council meeting in June. Nomination forms were made available to Council.
Staff recommended that the City Council approve the Youth and Family Action Committee's request to initiate a La Verne Youth of the Year Award. Approved as recom mended.
Mayor Kendrick spoke about of the award and the importance in recognizing the youth in the community for their contribution and service. He referenced the student from Ramona Middle School who started a program of kindness at his school.
9 Monday, June 18, 2018, City Council Meeting Page No. 3 City Council Minutes, Monday, April 16,2018, Page 3
Resolution (sl passed & adopted, as recommended, as follows
Resolution No. 18-15, Ber9lntic[-Ne-1&Ii RESOLUT|ON OF THE CITY COUNCIL OF Execution of a Public Works THE CITY OF LAVERNE, COUNTY OF LOS ANGELES, STATE OF Contract with Gentry Brothers, CALIFORNIA, AUTHORIZING EXECUTION OF A PUBLIC WORKS lnc. for 2017-18 CDBG CONTRACT WITH GENTRY BROTHERS, INC. FOR 2017.2018 CDBG Sidewalk lmprovement Project SIDEWALK IMPROVEMENT PROJECT. The Public Works Department recently solicited bids for the 2017 -2018 CDBG Sidewalk lmprovements Project. The planned maintenance will include the removal and replacement of deficient sidewalks. The proJect was advertised on March gth and 16th with bid proposals received and opened on March 27,2018. This project is categorically exempt from the California Environmental Quality Act, Section 15301 - Existing Facilities, and City of La Verne environmental guidelines.
Staff recommended that the City Council approve Resolution No. 18-15, which awards a public works contract to Gentry Brothers, lnc. the lowest, responsible bidder, in the amount of $54,600.00 and authorize statf to issue contract change orders to increase the project scope to include additional sidewalk repairs not to exceed the total available CDBG funds of $58,000.00.
2018-19 Paramedic Service City Manager Russi reported on the 2018-19 Paramedic Service Fee. He Fee stated that the City's voter approved paramedic service fee requires an annual hearing in order to consider a change in rate. The monthly service fee is subject to annual adjustment for changes in the Consumer Price lndex.
Mayor Kendrick opened the public hearing and called for public comment. There was none.
It was moved by Carder, seconded by Davis, and unanimously carried to approve the adjustment to the monthly paramedic service fee from $5.04 to $5.19 by adopting Resolution No. 18-16.
Resolution No. 18-16, BCSOUTI9!-N9-1&1E-A RESOLUTION OF THE CITY COUNCIL OF Adopting the Paramedic THE CITY OF LAVERNE, COUNTY OF LOS ANGELES, STATE OF Service Fee for Fiscal Year CALIFORNIA, ADOPTING THE PARAMEDIC SERVICE FEE FOR FISCAL 2018-19 YEAR 2018-19. Approved.
Ordinance 1083, Personnel Offlcer Ranells reported on the proposed Ordinance 1083, relating to Adding Chapter 9.18 to Title 9 relocation impact reports for mobile home parks. He stated that in June of of the La Verne Municipal Code 2017, the City was made aware ofthe possible closure and conversion of Relating to Mobile Home Park Casitas Mobile Home Park. The potential closure or conversion would cause Relocation lmpact Reports undue hardship on the residents who are retired and on a fixed income ieopardizing their security and home. Staff researched this matter, along with Council liaisons Mayor Kendrick and Mayor Pro Tem Davis to see what can be done to protect mobile home residents. After studying the matter, staff and the City Attorney drafted an ordinance that would protect the residents who live in mobile home parks and would require the person or entity proposing the closure of a mobile home park or conversion to file and obtain approval of a relocation impact report with the City Council. The proposed ordinance would establish procedural and substantive requirements for persons or entities who want to close or convert exiting mobile home parks. ln addition, a zone change would have to be made before the process can be triggered. Personnel Officer Ranells also made reference to minor typographic errors in the ordinance to be corrected before final adoption of the ordinance.
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Mayor Kendrick opened the public hearing and called for public comment.
L.D. Johnson, 3945 Bradford Street, La Verne, President of Casitas Mobile Park Association thanked the City Council, staff and Personnel Officer JR Ranells for their wok for on the proposed ordinance. He stated he was concerned with the potential loss and devaluation of his coach. He stated he was also concerned with the issue of the Management Company notifying potential buyers that the mobile home park will be closing. He suggested that the notice be posted within a certain period of time before the closure of the park. He stated that the Santiago Management Operating Agreement was not going to be renewed by the park owner and that the Santiago Management Company is renting out the vacant coaches. He was also concerned with the lack of maintenance of the mobile home park and it getting worse once the Management Company is no longer in charge.
City Manager Russi suggested a disclosure notice within a 2- year window period before the conversion process is in place, but itwill be something staff will have to look at later. He stated he will be meeting with the property owner regarding this matter.
Shirley Hatch, 3545 Bradford, Street, La Verne, stated she was concerned with the devaluation of her coach and the difficulty in selling it. She asked if the mobile home park owner is allowed to purchase the vacant coaches and the rent them out at a higher rate. She stated that gossip in the park is rampant and it is frightening the residents. She urged the City Council to keep the residents informed of the City's efforts regarding this matter to ease the residents' anxiety. She asked who had the final authority to change the zoning
Council Member Carder assured her that the residents have the full support of the City Council and that the proposed ordinance would make her coach whole in value.
Mayor Kendrick stated that the City Council can't control the mobile home park owner, but the Council does regulate the City zoning and that with the present Council there will be no zone change. He stated that the proposed ordinance would protect the residents by establishing guidelines that the owner would have to abide by before converting or closing the mobile home park. He stated that it was the same concept when the 210 Freeway was put in and the residenb' homes were made whole. He said the City Council was here to protect the mobile home residents.
Christine Sydell, new resident, La Verne, spoke about her fear of her coach depreciating in value and urged the Council to stop this from happening.
City Manager Russi replied that the ordinance provides protection for the residents by requiring the owner to provide the City with a relocation impact report which will require an appraisal of each coach at "Fair Market value:
Sherry Best, 3949 Bradford Street, La Verne, stated her home is surrounded by the mobile home park and was concerned with all the gossip and what would happen. She stated that approving the ordinance was a good move by the City Council and it would also protect all the other mobile home parks in the City. She thanked and commended City staff and Council for looking out for the City's Senior Citizens who are the greatest resource in the community.
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Glen Arnold, Casitas Mobile Home Park resident, La Verne, asked about the process of adopting the proposed ordinance. He stated he was comfortable with the proposed ordinance and he thanked Personnel Officer Ranells and the Council for their work on this matter.
City Attorney Kress replied that after tonight's public hearing and the ordinance will come back to City Council for final approval on the consent calendar on May 7,2018.
John Fredricks, Casitas Mobile Home Park resident, La Verne, also thanked the City Council and Personnel Officer Ranells for sitting down with the residents regarding this matter. He asked if the residents would be notified of the outcome of meeting with the mobile home park owner.
Deanne Blane, Casitas Mobile Home Park resident, La Verne, spoked about the disclosure notice of the park closure to potential buyers and the devaluation of her coach. She asked if there could be a less threatening notice prepared to give to the potential buyers.
Pat, Casitas Mobile Home Park resident, La Verne, asked if the owner could be stopped from renting out the coaches. He stated that Santiago Management Company are bad people and they do a poor job of managing the park.
Barbara, Casitas Mobile Home Park resident, La Verne, stated she has worked all her life and that it is very difficult being a senior and having fiscal difficulties. She stated that there is not enough being done for the seniors. Seniors work all their lives, raised their families, and finally retire and then have the threat of losing their home.
Council Member Carder stated she did sympathize with the residents and for what they are going through. She stated that the proposed ordinance would protect the residents. She urged the residents to make sure they vote for the right individuals at election time who will continue protecting the rights of senior citizens and to ask them the tough questions. She stated that the City Council treasures its senior citizens and they have the full support of the City Council.
Council Member Rosales stated that his heart went out to all the senior citizens and recognized their hardship. He stated the proposed ordinance would protect the residents and give them peace of mind to stay in their home until they are ready to leave. He stated that the City Council understood their plight and the City Council were in their corner.
Mayor Pro Tem Davis assured the residents that the proposed ordinance would restore the value of their coach. He stated they had the full support of the City Council. He suggested keeping a copy of the ordinance available to share with the rest of the residents.
Council Member Hepburn stated that La Verne has one of the finest mobile home parks in California. He also agreed with Council Member Carder that residents should vote for the right individuals at election time and go to the election forums. He stated that the seniors are important asset to the community and they have the full support of the City Council.
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Mayor Kendrick thanked the City Council for their continued support of senior citizens; He commended L.D. Johnson for his etforts and commitment on this matter. He stated that the proposed ordinance would ensure that residents get what they paid for their coaches. He stated it was very important to ensure and maintain a high quality of life for senior citizens. He spoke about all the volunteering by senior citizens and that they were one of the finest group of people in the City.
It was moved by Carder, seconded by Rosales, and unanimously carried to approve and place on first reading Ordinance No. 1083, adding Chapter 9.18 to Title 9 of the La Verne Municipal Code Relating to Mobile Home Park Relocation lmpact Reports.
Ordinance No. 1083, AN ORDINANCE OF THE CITY COUNCIL OF THE Relating to Mobile Home Park CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF Relocation lmpact Reports CALIFORNIA, ADDING CHAPTER 9.18 TO TITLE 9 OF THE LA VERNE MUNICIPAL CODE RELATING TO MOBILE HOME PARK RELOCATION IMPACT REPORTS. Approved and placod on first rcading.
At 7:49 pm, City recessed and reconvened at7:52 gm
Comprehensive Annual City Manager Russi reported on the Comprehensive Annual Financial Report Financial Report for June 30, for June 30, 2017 . He stated that each year, the City completes a 20'17 Presentation Comprehensive Annual Financial Report (CAFR), which has been audited by the City's outside independent audit firm Rogers, Anderson, Malady & Scott, LLP (RAMS). The CAFR reflects the financial position and operating activities of the City for the fiscal year ended June 30, 2017. As part of the audit, RAMS has issued their Report on lnternal Control over Financial Reporting and on Compliance.
City Manager Russi introduced RAMS Partner Brad Welebir who provided City Council with a summary of the audit and answered questions regarding the audit process. Mr, Welebri referred to pages 1-3 of the City's Comprehensive Annual Financial Report ( CARF) that contains the lndependent Auditor's Report. He stated it contains unmodified opinion, which is the highest level of assurance an independent auditor can give. He stated they had no problem with staff in obtaining the documentation they needed. There was a delay because of lack of staff, but staff was very accommodating
Mayor Kendrick called for public comment on this matter. There was none.
City Manager Russi reported that he checked with the City of Glendora to see if they did a forensic audit and he was told they did not do a forensic audit. lt was a records requesl for budget items. ln regards to the cost of a forensic audit, the cost would depend on the type of audit, but cost would not be $2,500, but much higher.
The City Council thanked Brad Welebir for his presentation and commended City staff for their work on the Comprehensive Annual Financial Report for June 30, 2017
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It was moved by Hepburn, seconded by Davis, to receive and file the Comprehensive Annual Financial Report, Report on lnternal Control over Financial Reporting and on Compliance and Other M a tte rs , Auditor Letter to the City Council, the Addendum to the Annual Progress Report for the City's Housing Successor Fund and the Single Audit Report for the year ended June 30,2017.
7. Public Comment This was the time set aside for anyone wishing to address the City Council on items not listed in any other place on the agenda. Mayor Kendrick called for public comment.
Rick Bowen 2340 Eagle Court, La Verne, stated he was disappointed that his request to be placed on the Agenda regarding the Class and Compensation Study was not granted. He questioned why the City Attorney responded in writing denying his request and asked who runs the City. He stated he was told that the slide presentation could be found on lhe City's website, but he stated it was buried. He also asked about emails sent to City Council and did they receive them.
City Manager Russi responded to Mr. Bowen's questions. He stated that it's the City Council who runs the City representing the residents. He explained that he asked the City Attorney to respond for him because he was out of town regarding Mr. Bowen's request to be placed on Agenda and he fully supported the decision to deny the request. ln regard to the emails sent to City Council, staff does review the emails because many of them can be handled at staff level. Staff will respond and pass on directly to City Council. He stated that he directed staff to place a link on the website for residents to easily find the slide presentation. He stated that the Class and Compensation Study was done as a tool to see where the City stood in the marketplace for future negations.
Fred Faught, La Verne resident, asked about the Class and Compensation Study and some discrepancies on what was on the website and what was presented at the April 2, 2018, study session.
City Manager Russi replied that there were no changes. He stated that the study would be public after meeting with the employees' association.
cary Hunter, Chelsea Drive, La Verne, asked about the City's position on Sanctuary cities.
City Manager Russi replied that no action is being brought to City Council regarding this matter. The City of La Verne will be following State law.
George May, La Verne Library Manager, reported on upcoming library events.
Council Comments and Council Member Hepburn spoke about a meeting at David and Margaret's cafe Meeting/Conference Reports shop and bus tour. He stated that a certificate of recognition was presented to the City by the Los Angeles Board of Supervisors in recognition of the City's etforts in combating homelessness.
Mayor Pro Tem Davis spoke about the Ciclavia event on Sunday, on Bonita Avenue and said it was an amazing event. He also reported on the first Council Corner booth at the event and speaking to La Verne residents.
Council Member Carder spoke about a bike coalition meeting at the University of La Verne to advocate cycling.
14 Monday, June 18, 2018, City Council Meeting Page No. 8 City Council Minutes, Monday, April 16, 2018, Page I
Mayor Kendrick reported on the new "Spin" program, where ULV students and the residents can rent bicycles for a low fee. He also spoke about the "Coffee with a Cop": event at Slarbucks, Ribbon Cutting for Lone Hills Middle School new gymnasium, and the Youth and Family Action Committee new format by using videos to education the youth, and of the Calvary Car show event.
At 8:29 pm. the City Council recessed to Closed Session.
Closed Session City Council met in Closed Session forthe following:
Property: 21 24 Bonita Avenue, east of D Street, Parcel No. 8377- 010-011 City Negotiators: City Manager, City Attorney, and Community Development Director Negotiating parties Daniel and Jacqueline Damon Undernegotiation: Price and terms
Conference with City real property negotiators (Government Code Section 54956.8) regarding:
Property: 2079 Bonita Avenue, northwest corner of D Street and BonitaAvenue, Parcel No. 8377 -002-022 City Negotiators: City Manager, CityAttorney, and Community Development Director Negotialing parties: Leonard Family Trust Under negotiation: Price and terms
City Negotiators: City Manager, Personnel Officer, and City Attorney
Employee Organization(s): La Verne City Employees Association, La Verne Police Officers' Association, La Verne Firefighters' Association, LaVerne Police Middle Management Association and all unrepresentedemployees. o Adiournment at 9:30 pm.
Respectfully submitted,
Lupe Gaeta Estrella, CMC Assistant City Clerk
15 Monday, June 18, 2018, City Council Meeting Page No. 9
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA VERNE HELD IN THE COUNCIL CHAMBERS OF THE LA VERNE CITY Monday, May 7, 2018
1. A regular meeting of the La Verne City Council was called to order by Mayor Kendrick at 6:30 p.m.
2. Council Members present: Mayor Don Kendrick Mayor Pro Tem Muh Davis Council Member Robin Carder Council Member Charlie Rosales Council Member Tim Hepburn
Absent: None.
Advisory personnel present: City Manager Robert Russi City Attorney Robert L. Kress Assistant City Clerk Lupe Gaeta Estrella Public Works Director Dan Keesey Community Development Director Eric Scherer Community Services Director Bill Aguirre Police Chief Nick Paz Police Captain Coleen Flores Fire Chief Pete Jankowski Personnel Officer JR Ranells
3. Pledge of Allegiance was led by Mayor Kendrick.
4. Letter from La Verne Council Member Carder stated she received a letler from a La Verne resident Commending the La Verne when she was at the Ciclavia event thanking the La Veme Police Department Police Department for the quick response and professionalism when thy responded to a burglary call at his home of three individuals breaking into cars.
5. lntroduction of New Bonita Chuck Coyne, President, Bonita Unified School Board introduced new Bonita Unified School District Unified School District Superintendent Carl Cole. Superintendent Carl Cole. The City Council welcomed the new school superintendent and stated they looked fon ,ard to working with him
16 Monday, June 18, 2018, City Council Meeting Page No. 10 City Council Minutes, Monday, May 7, 2018, Page 2
Presentation of Community Mayor Kendrick, on behalf of the City Council, recognized and congratulated Emergency Response Team the graduates of the Community Emergency Response Team (CERT) Since (CERT) Certificates the introduction of the City's Community Emergency Response Team (CERT) Program in 2016: 86 La Verne residents have received their CERT Basic Training Certification. The fifth eight-week CERT course recently completed training and the participants will be receiving their certificates tonight. These trained volunteers play a significant role in our community's emergency response to disasters. ln addition to being ready to assist the City during times of crisis, team members also provide support at City events. Recent CERT activities have included community smoke alarm canvas events, and a multi-city CERT program-training event. On April 11, 2018, 24 new graduates completed the basic training course for the CERT Program. The following individuals were presented their certificate of completion and lD cards.
Robert Burke Bonnie Funk Bruce Lamarche David Okey Tom Cheng John Gonzales Takla Mankarious Char Parry Concepion Yvonne Gatica Roberto Merza lll Dagmar Pascua Susan Covarrubias Dennis Hart Kathy Moseanko Tim Stillions Nancy Cuen ManuelHernandez Rich Moseanko Abraham Tavasolian Robert Ewald Jennifer Kurnik Alicia Nichols
6 The City Council recessed at 6:43 pm, and reconvened at 6:47 pm,
7 Consent Calendar It was moved by Carder, seconded by Rosales, and unanimously carried to accept, approve, or act on the Consent Calendar items
Registers of Audited Demands Reoister of Audited Demands in the amount of $417,135.35, dated April 17,2018, and in the amounlol $221,074.79, dated May 1,2018. Approved as fecommended.
Agreement with XG Aoreement with XG Communities - As presented at the January 11, 2018, Communities Fiscal Sustainability Plan meeting, and statf requested authority to enter into an agreement with XG Communities to market and manage City of La Verne assets to small-cell wireless providers. Through this action, the City of La Verne will competitively engage suitable leasing partners through XG Communities and enable staff to have more local control over the aesthetics of each installation and it is anticipated to create a reoccurring revenue stream that could generate as much as $150,000 per year.
Statf recommended that the City Council grant the City Manager authority to sign the agreement to begin the process of marketing and leasing our newly acquired light poles. Approved as recommended by staff.
Request of Los Angeles County Participation in the - Late last year, the City Council City's Enhanced lnfrastructure took actions to establish an Enhanced lnfrastructure Financing District Financing District (EIFD) (EIFD) connected to the Gold Line Light Rail Extension and the adjacent area's Transit Oriented Development. While the District was established with the City as the only taxing entity, it was understood that County participation would be revisited once they had finalized their process of consideration. ln a recent meeting with County representatives, it was communicated that a formal letter from the City should be submitted to initiate that process.
17 Monday, June 18, 2018, City Council Meeting Page No. 11 City Council Minutes, Monday, May 7,2018, Page 3
Staff recommended that the City Council authorize the City Manager to transmit a formal letter requesting the County to initiate the process for participation in the City's EIFD for the purpose of dedicating property tax increment to fund the necessary public improvements within the District. Approved as recommended by staff.
Resolution (s) passed & adopted, as recommended, as follows:
Resolution No. 18-17, W- A RESOLUTION OF THE CITY COUNCIL OF Execution of a Public Works THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF Contract with Gentry Brothers CALIFORNIA, AUTHORIZING EXECUTION OF A PUBLIC WORKS lnc., for the E Street S" Water CONTRACT WITH GENTRY BROTHERS INC FOR THE E STREET 8' Main Replacement and Street WATER MAIN REPLACEMENT AND STREET REHABILITATION PROJECT, Rehabilitation Project The Public Works Department recently solicited bids for the E Street 8" Water Main Replacement and Street Rehabilitation Project. The project was advertised on March 16 and March 23 and bid proposals were received and opened on April 17, 2018. This project is categorically exempt from the California Environmental Quality Act, Section 15301 - Existing Facilities, and City of La Verne environmental guidelines.
Staff recommended that the City Council approve Resolution No.18-17, awarding a Public Works contract to Gentry Brothers lnc. , the lowest, responsible bidder, in the amount of $793,658.00. Approved as recommended by staff.
Resolution No. 18-18, W- A JOINT RESOLUTION OF THE BOARD OF Joint Resolution with the Los SUPERVISORS OF THE COUNTY OF LOS ANGELES ACTING ON Angeles County and other BEHALF OF THE LOS ANGELES COUNTY GENERAL FUND, LOS Agencies for Annexation No. ANGELES COUNTY LIBRARY, LOS ANGELES COUNTY FLOOD 430 to Sanitation District No. 22 CONTROL, THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 22 FOR LOS ANGELES COUNTY, AND THE GOVERNING BODIES OF CITY OF LA VERNE AND THREE VALLEYS MUNICIPAL WATER DISTRICT, APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM ANNEXATION TO COUNry SANITATION DISTRICT NO.22. The Los Angeles County Sanitation District has requested that the City Council approve a joint tax sharing resolution resulting from the annexation to County Sanitation District No. 22. The annexation process requires that a resolution for property tax revenue exchange be adopted by all affected local agencies before an annexation may be approved. By sharing the property tax increment with the County Sanitation District, the City will not lose any existing tax revenue it currently receives from the affected propefi.
Staff recommended that the City Council adopt Resolution No.18-18, approving the joint resolution with the County of Los Angeles approving and accepting negotiated exchange of property tax revenue. Approved as recommended by staft.
Ordinances 2nd reading, approved as recommended, as follows:
City Attorney Kress read into the record a letter received from Anthony C. Rodriguez, Attorney at Law, representing the owner of Casitas La Verne Mobile Home Park strongly objecting to the Mobile Home Park Closure Ordinance.
18 Monday, June 18, 2018, City Council Meeting Page No. 12 City Council Minutes, Monday, May 7, 2018, Page 4
The City Attorney stated his partner who drafted the proposed ordinance reviewed the correspondence and at this point, staff recommendation stands. He stated there is no need for further discussion. He stated there is no change in staff recommendation and recommended approval of Ordinance No. 1083, relating to Mobile Park Relocation lmpact Reports.
Ordinance No. 1083, OrCiBilce-Ne.-108t - AN ORDINANCE OF THE CITY COUNCIL OF Relating to Mobile Home Park THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF Relocation lmpact Reports CALIFORNIA, ADDING CHAPTER 9.18 TO TITLE 9 OF THE LA VERNE MUNICIPAL CODE RELATING TO MOBILE HOME PARK RELOCATION IMPACT REPORTS. Ordinance No. 1083 adds Chapter 9.18 to Title 9 of the La Verne Municipal Code to better protect residents who live in mobile home parks. This ordinance would require the person or entity proposing the closure of a mobile home park to file and obtain approval of a relocation impact report with the City Council.
Staff recommended that the City Council approve Ordinance No. 1083, adding Chapter 9.18 to Title 9 of the La Verne Municipal Code to better protect mobile home residenB. Approved as recommended by staff.
8. Amending the Comprehensive City Manager Russi reported on the annual adjustments to the comprehensive Fee Resolution- Annual fee resolution. He stated that the City's comprehensive fee schedule AdJustments established by Resolution 17-23, is reviewed each year in conjunction with the annual budget process. Changes are made to reflect cost of services in accordance with State and local law, Resolution No. 18-19 provides fee schedule updates for City fees except for certain water and sewer fees which are established under Resolution No. 13- 65 and 17-58. Staff is recommending that following the public hearing, the City Council approve the adjustments to the City's comprehensive fee schedule.
Mayor Kendrick opened the public hearing and called for public comment on this matter. There was none.
It was moved by Davis, seconded by Carder, and unanimously carried to approve the updates to the City's comprehensive fee schedule as set forth in the proposed resolution 18-19. ln compliance with past Council policy, all comprehensive fee schedule updates are scheduled to become effective July 1,2018
Resolution No. 18-19, Resolulion No. 18-19 - A RESOLUTION OF THE CITY COUNCIL OF THE Amending Resolution No. 17- CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF 23, Relative to Certain fees CALIFORNIA, AMENDING RESOLUTION NO. 17-23 RELATIVE TO and Polices for Services CERTAIN FEES AND POLICIES FOR SERVICES PROVIDED BY THE Provided by the City of CITY OF LAVERNE. Approved. La Verne, o Encroachment Agreement Community Development Director Scherer reported on the Encroachment 2079 Bonita Avenue Agreement for 2079 Bonitia Avenue. He stated that the property owner of 2079 Bonita Avenue, D Street Square, Mr. Ed Leonard, has requested an encroachment into the public right-of-way for his tenant in Suite 101, Alosta Brewing Co. The encroachment would utilize a small portion of the public right-of-way of D Street to enclose the patio to the north of the building to the entrance to the tenant space. The agreement will provide for the necessary legal protections, as well as compensation for the use of the space
Mayor called for public comment on this matter. There was none.
19 Monday, June 18, 2018, City Council Meeting Page No. 13 City Council Minutes, Monday, May 7, 2018, Page 5
It was moved by Hepburn, seconded by Davis, and unanimously carried to approve the encroachment agreement betvveen the Leonard Family Trust and the City to allow the use of public righlof-way along D Street for the
business located at 2079 Bonita Avenue, Suite 101 .
10. Amended Lease Agreement, Community Development Director Scherer reported on the Amended Lease 2122 and 2124 Bonita Avenue Agreement for 2122 and 2124 Bonita Avenue. He stated that the property owne( o12122 and 2124 Bonita Avenue, Mr. Daniel Damon, has requested to expand the outdoor patio seating area for his tenant, Fourth Street Mill restaurant. The expansion would allow for the restaurant to add three tables to the existing outdoor patio, which is located on City owned property (Transportation Plaza). Staff has prepared an amended lease agreement to include the proposed expansion, which provides for the necessary legal protections, as well as compensation for the use of the space.
Mayor called for public comment on this matter. There was none.
It was moved by Rosales, seconded by Carder, and unanimously carried to approve the amended lease agreement between Daniel and Jacqueline Damon and the City to allow the use of public property for the business located a12122 and 2124 Bonita Avenue.
11. Council Member Tim Hepburn Council Member Tim Hepburn requested that the Findings of the Class & requested that lhe Findings of Compensation Study presented by the Public Sector Personnel Consultant at the Class & Compensation the April 2,2018, City Council Study Session be placed ontheAgenda. Study to be Placed on the Agenda City Manager Russi reported that at the April 2, 2018, meeting, the Class and Compensation Study were presented to City Council. The consultant gave a slide presentation with their findings. No action was taken by Council.
Council Member Rosales stated that the City Council already addressed this matter and that the slide presentation with the findings is on the City's website and it was waste of City Council time.
Council Member Carder stated she agreed with Council Member Rosales and asked why this matter was being brought back to Council.
Council Member Hepburn stated he wanted to give the public the opportunity to discuss the study.
Mayor called for public comment.
Rick Bowen, 2340 Eagle Court, La Verne, stated he was glad that the Class and Compensation study was on the Agenda because at the Aptil2,2018, meeting there were only two residents in attendance. He asked about the purpose of the study. He questioned the data use to do the survey and the job titles used. He complained of the cost of healthcare for retirees. He also complained about the vacation payouts, holidays, and sick leave and if that was also surveyed. ln addition, he asked if the survey was done based on 4-day 36-hour workweek.
City Manager Russi replied that vacations, holidays, and sick pay were also surveyed and that the salary survey was bench marked at 90% of the markel.
20 Monday, June 18, 2018, City Council Meeting Page No. 14 City Council Minutes, Monday, May 7, 2018, Page 6
Janelle Gray, La Verne Resident and City Employee, asked if the survey was based on the employees' hourly rate vs. monthly because employees are paid 10olo below the median. She stated that the General Services Employee group has the lowest cost HMO as other cities.
12. Public Comment This was the time set aside for anyone wishing to address the City Council on items not listed in any other place on the agenda. Mayor Kendrick called for public comment.
Mark Fulgenzi, 2473 Santiago, He stated that Ciclavia was a big success and that over 50,000 came through the City that day. He presented to the City Council a La Verne Bicycle Friendly Community Report Card prepared by La Verne Bike Coalition. He also reported that May was National Bicycle Month.
Mayor Kendrick thanked him for coming and presenting them the report card.
Richard Bowen, 2340 Eagle Court asked when the City Council minutes for the past months would be ready.
City Manager Russi replied that there have been lengthy meetings, and the Assistant City Clerk will strive to get them done.
13. Council Comments and Council Member Carder reported on Ciclavia event and the memorial service Meeting/Conference Reports for La Verne Police RSVP Judy Schwieterman.
Council Member Rosales reported on the annual volunteer luncheon and the awesome volunteers. He thanked Mayor Pro Tem Davis and Council Member Carder for their supporl and efforts in bringing Ciclavia to La Verne.
Mayor Pro Tem Davis also reported on the Ciclavia event and that it was truly a glorious day and he looked forward to future events. He commended City staff for their participation and work on that day.
Council Member Hepburn also reported on the annual volunteer luncheon and Ciclavia. He also commended the volunteers for the countless hours of service to the City and that the Ciclavia was a great event. He also thanked City staff, fire and police for their work on that day.
Mayor Kendrick also reported on the Ciclavia event and he too agreed that the event was amazing. He commended the La Verne Police RSVP for all the work they do and that they are an asset to the Community. He reported on the fundraiser event for fallen Pomona Police Officer Gregory Casillas, Bright Prospect Event, attending a Social Justice meeting with Police Chief Paz and Police Captain Flores, the Chamber of Commerce Community Yard Sale at Bonita High School parking lot, the success of the Wine Walk Event and the Peace Conference at the University of La Verne.
21 Monday, June 18, 2018, City Council Meeting Page No. 15 City Council Minutes, Monday, May 7 , 2018, Page 7
14 The City Council recessed at 7:39 pm. to Closed Session...
Closed Session The City Council met in Closed Session for the following:
Negotiators: CityManager,PersonnelOfficer,andCityAttomey
Employee Organization(s): La Verne City Employees Association, La Veme Police Officers' Association, La Veme Firefighters' Association, La Veme Police Middle Management Association, and all unrepresented employees.
13 Adjournment at 9:1 5 pm, to Monday, May 21 , 2018, at 4:30 p. m. in the Conference Room of La Verne City Hall for a CIP/Budget Council Study Session.
Respectfully submitted,
Lupe Gaeta Estrella, CMC Assistant City Clerk
22 Monday, June 18, 2018, City Council Meeting Page No. 16
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA VERNE HELD IN THE COUNCIL CHAMBERS OF THE LA VERNE GITY HALL Monday, May 21, 2018
1 A regular meeting of the La Verne City Council was called to order by Mayor Kendrick at 6:30 p.m.
2 Council Members present: Mayor Don Kendrick Mayor Pro Tem Muir Davis Council Member Robin Carder Council Member Charlie Rosales Council Member Tim Hepburn
Absent: None
Advisory personnel present: City Manager Robert Russi City Attorney Robert L. Kress Assistant City Clerk Lupe Gaeta Estrella Public Works Director Oan Keesey Community Development Director Eric Scherer Community Services Director Bill Aguirre Police Chief Nick Paz Police Captain Colleen Flores Fire Battalion Chief Michael Thompson Personnel Officer JR Ranells Recreation Coordinator Yvonne Duran Maintenance Supervisor Anthony Ciotti
3 Pledge of Allegiance was led by Mayor Kendrick
4 Presentations to the families Mayor Kendrick recognized Andrea Halberg and Larry and Diane Deal, who for the "Military Recognition have a family member serving in the military and he recognized Council Program." Member Rosales, a Vietnam Veteran and thanked him for his service. He invited them and the public to a reception honoring the military personnel and veterans which was held in the conference room of City Hall following the presentation of the Banner Recognition Program.
Mayor Kendrick reported on the upcoming Memorial Day Event to be held on May 23, 20'18, at Veteran Hall at 10 am.
Mayor Kendrick on behalfofthe City Council presented a mini banner to the families of the individuals serving in the Military. He stated that the City of La Verne has a total of 69 community members who are currently serving in our military and two were recognized at the meeting. The military honorees are as follows:
Kelsey M. Gaoaen - Army Scott M. Sweetman - Army
There was a Military Reception after this presentation in the Large Conference Room.
23 Monday, June 18, 2018, City Council Meeting Page No. 17 City Council Minutes, Monday, May 21,2018, Page 2
Presentation of Proclamation Mayor Kendrick presented to Deputy District Director Conrad Trinidad of the Declaring May, 2018 as Pomona District Office of Public Social Services a proclamation declaring May "CalFresh Awareness Month 2018 as "CalFresh Awareness Month".
Deputy District Director Conrad Trinidad of the Pomona District Office of Public Social Services thanked the City Council for the proclamation and he reported on the programs and services available to the residents.
Mayor Kendrick reported on the City's free Summer lunch program for the community youth currently receiving frees school lunches sponsored by the Youth and Family Action Committee.
5. Consent Calendar It was moved by Rosales, seconded by Davis, and unanimously carried to accept, approve, or act on the Consent Calendar items
City Council Minutes @ofFebruary20,2018&March5'2018'receivedand filed. RegrstersofAuditedDemands@intheamountof$771'853.652'datedMay8, 2018, and in the amountof $449,951.29, dated May 15,2018. Approved recommended by staff.
Treasurer's Report for the Treasurer's Report for the Month of April- 2018, received and filed. Month of April, 2018
Resolution (s) passed & adopted, as recommended, as follows:
Resolution No. 18-20, @ A RESOLUTION OF THE CITY COUNCIL OF Authorizing Execution of a THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF Public Works Contract with CALIFORNIA, AUTHORIZING EXECUTION OF A PUBLIC WORKS Gentry Brothers, lnc., for the CONTRACTWITH GENTRY BROTHERS, INC. FOR THE WHEELER Wheeler Pavement Project AVENUE PAVEMENT PROJECT FEDERAL PROJECT NO. STPL- 5149(018). The Public Works Department recently solicited bids for the Wheeler Avenue Pavement Rehabilitation Project. The project was advertised on April 6 and April 13 and bid proposals were received and opened on May 1, 2018. This project is categorically exempt from the California Environmental Quality Act, Section 15301 - Existing Facilities, and City of La Verne environmental guidelines.
Staff recommended City Council approval of Resolution No. 18-20 awarding a public works contract to Gentry Brothers, lnc., the lowest, responsible bidder in the amount of $690,300.00 and further recommends appropriation of funding. Approved as recommended by staff.
24 Monday, June 18, 2018, City Council Meeting Page No. 18 City Council Minutes, Monday, May 21,2018, Page 3
Resolution No. 18-21, Resolution No. 18-21 - A RESOLUTION OF THE CITY COUNCIL OF THE Reatfirming the City's Election CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF to Receive Payments for the CALIFORNIA, REAFFIRMING THE CITY'S ELECTION TO RECEIVE La Verne Central City PAYMENTS PURSUANT TO HEALTH AND SAFETY CODE SECTION Redevelopment Project and 33607.5 (b) FOR THE LA VERNE CENTRAL ClrY REDEVELOPMENT Redevelopment Project Area PROJECT AND THE LA VERNE CENTRAL CITY REDEVELOPMENT No. 1(1983 Annexation) PROJECT AMENDMENT AREA NO. 1 REFERRED TO AS THE CENTRAL CITY REDEVELOPMENT PROJECT 1983 ANNEX. ThiS resolution reatfirms the City's election to receive property tax pass through payments for the Central City Redevelopment Project and the Central City Redevelopment Project Amendment Area No. 1 also referred to as the Central City Redevelopment Project 1983 Annex. This election was made pursuant to Health and Safety Code Section 33607.5.
Staff recommended that the City Council approve Resolution N o. 18-21, reaffirming the election to receive statutory pass through payments pursuant to Health and Safety Code Section 33607.5. Approved as recommended by staff.
7. Public Comment This was the time set aside for anyone wishing to address the City Council on items not listed in any other place on the agenda. Mayor Kendrick called for public comment.
Mario Ramos and Judith St. John, Pomona residents, members of Protect our Neighborhood Group, representing Pomona residents who are upset with the growing activities, increased traffic, and noise at the Fairplex addressed the City Council regarding City of Pomona's proposed ordinance to regulate Fairplex activities.
8 Council Comments and Council Member Garder reported on upcoming Memorial Day Services to be Meeting/Conference Reports held on Monday, May 28,2018, at the Veterans Hall at 1 1 :00 am. She thanked Community Development Director Aguirre for his assistance in correcting the name of a Veteran which was misprinted on a memorial brick.
Mayor Pro Tem Davis reported that the Wheeler Avenue project was approved and under the complete street policy, Groundbreaking Ceremony for the University of La Verne's Ludwig Center, and on "Ride your Bike to Work" day.
Council Member Hepburn reported on the "Teacher of the Year" Event and that it was a great ceremony thanking the teachers for all their commitment and service to the student's education.
Mayor Kendrick reported on the Wine Tasting Event at Pomona Valley Hospital, "Stamp out Hunger" Event sponsored by the La Verne Post Office, Relay for Life at the University of La Verne, Eagle Scout Ceremony, GPAC General Planning Meeting, Every 15 Minutes, Tip a Cop Fundraiser, Special Olympic event, and reminded everyone to attend Memorial Day Ceremony on Monday, May 28,2018, at Veterans Hall at 10 am.
Mayor Kendrick thanked and commended Assistant City Clerk Lupe Gaeta Estrella for coming in on a Sunday to prepare the Eagle Scout letter.
9. At 7:15 pm, City Council recessed to closed session.
25 Monday, June 18, 2018, City Council Meeting Page No. 19 City Council Minutes, Monday, May 21,2018, Page 4
10 Closed Session The City Council will meet in Closed Session for the following
Negotiators: City Manager, Personnel Officer, and City Attorney
Employee Organization(s): La Veme City Employees Association, La Verne Police Officers' Association, La Verne Firefighters' Association, La Verne Police Middle Management Association, and all unrepresented employees.
CsrleSeclieo 549I0.9JrllJ1t
Meritage Homes of California, lnc., v. City of La Verne, LASC No.85172622
9 Adjournment at 8:00 pm, in memory of RSVP Judy Schwieterman who passed away on April 27, 2018. She was born in Chicago in 1946. Judy joined the La Verne Police Department RSVPs in 2014. She volunteered about 544 hours in performing duties in Livescan, the YANA Program, patroland the Every 15 Minutes Program. She loved being an RSVP. She was awarded'RSVP of the Quarte/' for the fourth Quarter of 2018. She is survived by her husband Ray, daughter Tracey, son David, stepson Jeff, and six grandchildren.
Respectfully submitted,
Lupe Gaeta Estrella, CMC Assistant City Clerk
26 Monday, June 18, 2018, City Council Meeting Page No. 20
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27 Monday, June 18, 2018, City Council Meeting Page No. 21 CITY OF LA VERNE REGISTER OF AUDITED DEMANDS 2017/2018 6t5120t8 CHECK NO. AMOUNT ISSUED TO t42298 222.50 STATE OF CALIFORNIA 142299 50.00 STATE OF CALIFORNIA t42300 35.00 UNITED WAY CAMPAIGN 142301 20.75 ALBERTSONS/SAFEWAY t42302 973.45 ALL STATE POLICE EQUIPMENT CO. 142303 28.00 ALLGOOD DRIVING SCHOOL, INC. 142304 t,237.s0 AMERICAN PUBLIC WORKS ASSOCIATION 142305 200.00 VICTORAMEZCUA 142306 60.17 ANN ANDEREGG t42307 28.24 ARAMARK I 42308 1,000.00 ARMANDO'S CLEANING SERVICES 142309 8.00 JASON BARRIOS t42310 230.00 BEE REMOVERS t423ll 1,352.00 ANDRE BOSSIEUX 142312 884.34 BRENNTAG PACIFIC,INC. t423t3 464.00 BSK ASSOCIATES 1423t4 t62.9t DANIEL CARRASCO 142315 27.38 COLLEGIATE PRESS 142316 1,623.70 COMMERCIAL DOOR COMPANY, INC. 1423t7 350.00 KATHY CORDOVA 1423t8 906.00 COUNTY OF LOS ANGELES t42319 400,00 EMS PERSONNEL FUND 142320 3lL70 EWING IRRIGATION PRODUCTS t4232t 8.00 CARLOS FLORES 142323 3,870.26 FRONTIER COMMUNICATIONS t42324 252.00 VICTORIA GALYEZ t42325 2,400.00 JAMES KNOX 142326 283.98 GORM, TNC. 142327 1,204.46 HARRINGTON INDUSTRIAL PLASTICS, LLC t42328 769.46 HASA 142329 17.50 HECTOR HERNANDEZ 142330 3,795.00 HF&H CONSULTANTS, LLC. 142331 2,t26.86 HI-WAY SAFETY INC. 142332 244.59 HOLLIDAY ROCK CO. 142333 279.00 IAFC MEMBERSHIP 142334 65.00 KYOCERA DOCUMENT SOLUTIONS WEST t42335 462.1t L.A. COIJNTY SHERIFF'S DEPT. 142336 455.26 LA VERNE POWER EQUIPMENT, INC. 142337 57.t3 LESLIE'S POOLMART, INC. t42338 2,411.83 LIFE.ASSIST t42339 r,448.88 THE LIFEGUARD STORE 142340 448.00 LUKE SEIBERT 14234t 59.99 OFFICE DEPOT 142342 503. I 7 OFFICE SOLUTIONS 142343 995.00 ORKIN PEST CONTROL 142344 665.49 PARADISE EMBROIDERY & SCREEN PRINT. 142346 975.00 PREMIER FAMILY MEDICINE ASSOCIATES 142347 38.00 RIO HONDO COLLEGE t42348 13,907. l0 RKA 142349 I,800.00 SAN BERNARDINO CO. t42350 r 2.000.00 SAN GABRIEL VALLEY COUNCIL OF GOV'T t42351 525.82 ERIC SCHERER 142352 I ,34 r .00 SCMAF t42353 t 5.00 SIGTRONICS CORP.
Page I of2
28 Monday, June 18, 2018, City Council Meeting Page No. 22 CITY OF LA VERNE REGISTER OF AUDITED DEMANDS 2017120t8 6/s/2018 CHECK NO. AMOUNT ISSUED TO 142354 $ 164.49 SOUTHERN CALIFORNIA EDISON 142355 $ 1,126.76 SPRAGUES',INC. 142356 $ 34,065.04 STRYKER SALES CORPORATION 142357 $ 600.00 STUMP FENCE CO. 142358 $ 46.93 SUPERION 142359 $ 1,369.66 T-MOBILE 142360 $ tzt.25 TIM ZELLMAN t42361 $ 242.53 TIME WARNER CABLE 142362 $ 750.00 TRAINING INNOVATIONS, INC 142363 $ 3,750.00 DAWN M. TRILLES t42364 $ 3,189.60 TURBO DATA SYSTEMS INC. t42365 $ 2,230.16 VERIZON WIRELESS 142366 $ 1,646.53 WASTE MANGEMENT OF SAN GABRIEL 142367 $ 1,252.90 WAXIE SANITARY SUPPLY 142368 $ 29.58 MARTTN WEINREB t42369 $ 6,412.05 WELLS FARGO VENDOR FIN SERV t42370 $ 124.99 O. F. WOLFINBARGER INC. I 905501 $ 84,395.83 UNITED STATES TREASURY I 905502 $ 27,212.95 STATE OF CALIFORNIA I 905503 $ r,806.92 STATE DISBURSEMENT BDOOO5689 I 905504 $ 2t,253.88 WILMINGTON TRUST COMPANY I 905505 $ 2,506.76 LINCOLN NATIONAL LIFE INSURANCE CO. I 905506 $ |1,459.17 STATE OF CALIFORNIA
r 90s507 $ 7,758.05 WAGEWORKS INC 19061 l0 $ I 1.00 SILK ROAD GARDEN, NC. r906r I I $ 2,450.00 CC DEPOSIT REFTNDS 190612 $ 310.00 CC TRIP REFT]NDS EFT $ 450.00 D.F. POLYGRAPH EFT $ 382.00 LAW ENFORCEMENT MEDICAL SERVICES EFT $ 549.75 GREENSCAPE MAINTENANCE EFT $ 7,501.00 WEST COAST ARBORISTS, INC. EFT $ 3,532.20 KIDZ LOVE SOCCER EFT $ 322.56 ORANGE LINE OIL CO. EFT $ 263.02 TUCKER& SON INC,
S 393,288.09 TOTAL DEMANDS
IN ACCORDANCE WITH GOVERNMENT CODE SECTION 37202,I HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE REGISTER OF AUDITED DEMANDS.
STATHAM FINANCE CONSULTANT
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29 Monday, June 18, 2018, City Council Meeting Page No. 23 CITY OF LA VERNE REGISTER OF AUDITED DEMANDS 201712018 6n2120t8 CHECKNO. AMOUNT ISSUED TO 142371 400.00 ACCESS CONTROL SECURITY, INC. 142372 854. I 0 ALL STATE POLICE EQUIPMENT CO. 142373 r,343.00 ALLIANT TNSURANCE SERVICES, INC. 142374 274.50 AM-TEC TOTAL SECURITY INC. 142375 500.00 ARMANDO'S CLEANING SERVICES t42376 5l 8.00 AUTOMOTIVE TRAINTNG AUTHORITY, INC. 142377 250.00 BONNIE WEBER 142378 1,293.00 BROOKS PRODUCTS 142379 1,000.00 RENE BURGUAN 142380 30.00 BURRO CANYON SHOOTTNG PARK 142381 91.75 C&ELUMBERCOMPANY 142382 500.00 C.L.E.A.R.S., INC 142383 77,131.74 CALGON CARBON CORP. 142384 600.00 CALIFORNIA FIRE CHIEFS ASSN. 142385 I,750.00 CALIFORNIA POLICE CHIEFS ASSN. TNC. t42386 t93,92t.40 CALPERS 142387 750.00 CCUG 142388 55.00 CLINICAL LAB OF SAN BERNARDINO 142389 550.29 COLLEGIATE PRESS 142390 710.00 COPWARE,INC, 142391 525.00 THE COLINSELING TEAM INTERNATIONAL t42392 223.00 D-PREP LLC 142393 420.00 DESSERTS AND MORE, LLC 142394 1,950.00 ENVIRONMENT CONTROL PUENTE HILLS 142395 2,200.00 EVAN BROOKS ASSOCIATES, INC. t42396 42.02 EVERSOFT t42397 1,281.54 EWING IRRIGATION PRODUCTS t42398 74.03 FIREFIGHTERS BOOKSTORE 142399 59.06 FLUID TECH t42400 t,427.99 FORD OF UPLAND, TNC. t42402 4,030.59 FRONTIER COMMTINICATIONS 142403 348.00 GOLDEN WESTCOLLEGE 142404 65.68 GORM, TNC. t42405 387.88 GRAINGER 142406 146.64 HI STANDARD AUTOMOTIVE, LLC 142407 673.06 IMS REFRIGERATION, TNC. 142408 I,02 I .89 RADFORD INGELS 142409 521.28 INLAND VALLEY DAILY BULLETIN 142410 I,536.00 TNSEEGO 1424n 276.07 INTERSTATE BATTERY SYSTEM OF THE IE 1424t2 258.00 JUST IN TIME COMMUNICATIONS 142413 150.61 KME FIRE APPARATUS 142414 226.03 KONICA MINOLTA BUSINESS SOLUTIONS 142415 7 t7.48 LA VERNE PETTY CASH 1424t6 t21.64 LA VERNE POLICE DEPARTMENT 1424t7 89.26 EVELYN LEACH 142418 r ,2 r 8.00 LEAGUE OF CAIIFORNIA CITIES 142419 29.58 CORY LEEPER t42420 483.50 LEXIS NEXIS RISK SOLUTIONS 142421 525.00 LIEBERT CASSIDY WHITMORE 142422 1,122.77 LIFE.ASSIST 142423 865.00 LIGHTNING OIL CO., tNC. 142424 423.88 LOWE'S 142425 338.37 L3 COM MOBILE VISION, TNC, 142426 2,386.00 MAIN STREETTOURS,INC.
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30 Monday, June 18, 2018, City Council Meeting Page No. 24 CITY OF LA VERNE REGISTER OF AUDITED DEMANDS 2017/2018 6n2t2018 CHECK NO. AMOUNT ISSUED TO t4un T 5oo^oo TIM MARINO 142428 $ 15,015.00 MARK D. ALVARADO 142429 $ 775,50 MCLAY SERVICES, tNC. 142430 $ 38.37 MCMASTER-CARR SUPPLY CO. 142431 $ 882.00 CHAE MIRELES 142432 $ 450.00 MORROW MEADOWS CORP 142433 $ 16,872.50 MV CHENG & ASSOCIATES, INC. 142434 $ 5,000,00 NOBEL SYSTEMS t42435 $ 281 .46 OFFICE SOLUTIONS 142436 $ 30.00 PACIFIC TELEMANAGEMENT SERVICES 142437 $ 420,00 TOM PARADA 142438 $ I,752.s5 PARADISE EMBROIDERY & SCREEN PRINT. 142439 $ 459.00 PASADENA POLICE DEPARTMENT 142440 $ 282.66 POMONA TRUCK & AUTO SUPPLY 14244t $ 798.00 POWER PHONE INC. t42442 $ 199,34 QUALITY TRUCK ELECTRIC, INC. 142443 s 1,292.42 QUTNN COMPANY t42444 $ 500.00 RETIRED SENIOR VOL. PATROL INC. t42445 $ 80.48 SANDY WESTON 142446 $ 39.25 HOLLIE SAVAGE t42447 $ 87.00 SCMAF 142448 $ 80.00 SERRATO & ASSOCIATES 142449 $ 257.22 SOUTH COAST A.Q.M.D. 142451 $ 3,906.57 SOUTHERN CALIFORNIA EDISON 142452 $ 4l .47 STATER BROS. MARKETS 142453 $ 364.00 TRACE ANALYTICS,INC. 142454 $ 296.00 TRAINING FOR SAFETY, INC. 142455 $ 14,034.93 U.S, BANK CORPORATE PAYMENT SYSTEM 142456 $ I,200.89 U.S. POSTMASTER 142457 $ 85.90 UNDERGROUND SERVICE ALERT OF SO CAL t42458 $ 208.25 VISTA PAINT CORPORATION 142459 $ 150.00 WAHFLES 142460 $ 17,153.58 WALLIN, KRESS & KRANITZ 14246t $ 114.98 WALTERS WHOLESALE ELECTRIC CO. 142462 $ 621 .06 WAXIE SANITARY SUPPLY 142463 $ 853.29 WESTRUX INTERNATIONAL, INC. 142464 $ 71 8.90 BRENDA WITT t42465 $ 432.2s XEROX CORPORATION t42466 $ 300.00 XTREME MOBILE DETAILING 142467 $ 48.s 1 YOLANDA VALADEZ 19061 l3 $ 1,960.00 DONNAT. LWIN t9062t0 $ 600.00 CS DEPOSIT REFUNDS 19062ll $ 263.96 DRAFTTNG & DESIGN LTD 19062t2 $ 2s5.00 CS CLASS REFUNDS 19062t3 $ 5,424.68 RE-ISSUED CHECKS 1906214 $ s2.50 BILL ELFTMAN JR. EFT $ 1,750.00 CALIBER COMMERCIAL POOL SERVICE EFT $ 7,645.00 CALIFORNIA LANDSCAPE & DESIGN EFT $ 300.00 D.F. POLYGRAPH EFT $ 2,818.70 DION & SONS, INC. EFT $ 444.27 GREENSCAPE MAINTENANCE SERVICES, INC.
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31 Monday, June 18, 2018, City Council Meeting Page No. 25 CITY OF LA VERNE REGISTER OF AUDITED DEMANDS 2017/20t8 6/t2t20t8 CHECK NO. AMOUNT ISSUED TO
EFT $ 2,790.2t HACH EFT $ 238.91 ORANGE LINE OIL COMPANY, INC.
$ 4I9,854.I9 TOTAL DEMANDS
IN ACCORDANCE WITH GOVERNMENT CODE SECTION 37202,I HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE REGISTER OF AUDITED DEMANDS.
NA STA FINANCE CONSULTANT
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32 Monday, June 18, 2018, City Council Meeting Page No. 26
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33 Monday, June 18, 2018, City Council Meeting Page No. 27 City of La Verne Treasurer's Report for the Month Ended May 3'1,2018
Portfolio Summary
As of May 31, 2018, the market value of the City's investment portfolio totaled $54,194,237. The City's investment yield to maturity at market increased from 1.4'lolo to 1.62010 during the month of May. The weighted average maturity of the portfolio increased from 517 days on April 30 to 558 days on May 31.
During the month of May, the City's total cash and investments increased by $1,555,409. The significant cash receipts and disbursements (registers of audited demands) are listed below.
Treasurer's Comments: As part of the City's effort to re-allocate the overall portfolio to maximize returns in an increasing interest rate environment, the City sold $5,891,777 in near term agency debt secuiities and negotiable certificate of deposit during the current month. Out of an expected $15 million in re-investments, $2,974,980 was rs-invested i;higher yielding corporate notes. During the month, the City also purchased two negotiable certificate of deposit issues for $1 million each. These purchases are not reflected in the reported May balances since the trade settled on June 5, 2018. Additional investments will be purchased in tho month of June reducing the investment funds currently allocated to LAIF. A maturity schedule and compliance section have been added to this report to give a clearer picture of the City portfolio.
May 2018 Activity
Cash Receipts ($'100,000 and over presented) Cash Disbursements lnvestment Activity (2,974,980) Property Tax - LA County $ 2,435,221 Audited Demands 5/0'l/2018 $ (221,075) Purchases $ Sales Tax - BOE 419,327 Audited Demands 5/08/2018 (771,854) Sales 5,851,777 Audited Demands 5/'15/2018 (449,e51) Redemptions 245,000 Audited Demands 5/2212018 (1,193,461) LAIF Transfers (3,195,000) Audited Demands 5/29/2018 (287,3201 Fair Market Adjustment (31,944) Payrcll 51212018 (433,924) Total lnvesting Activity $ (65,147) Payroll 5/16/2018 (420,607) Payroll513'112018 (433,916) All Other Cash Receipts 2,959,498 Uncleared outstanding checks 793 267 Total Cash Receipts $ 5,814,046 Total Cash Disbursements $ (3,418,841)
Cash and lnvestment Balance
Prior Month to Cunent Month Endinq Balancs Reconciliation City Gash and lnvestment Balance
April Treasure/s Report May Activity lnvestment Portfolio $ 54,194,237 Portfolio Balance $ 54,192,978 Cash Receipts 5,814,046 Demand Deposits 8,306,175 Demand Deposit Balance 5,285,801 Cash Disbursements (3,418,841) Less: Outstanding Demands (1,451,640) Fiscal Agent Balance 1 ,802,880 lncreased Outstanding Demands (793,267) Treasury Cash & lnvestments 61,048,772 Cash & lnvestments 61,281,659 Fair Markst Adjustment (31,e44) Fiscal Agent (4/31/20'18) 1,788 296 Fiscal Agent - Decrease (14 584)
Total Cash & lnvestments $ 62,837,068 Total Cash & lnvestments $ 62,837,068 Page 1 of 5
34 Monday, June 18, 2018, City Council Meeting Page No. 28
City of La Verne Treasurer's Report for the Month Ended May 31, 2018
Portfolio Matu Schedule Agency Year Debt Corporate Certificates Maturity Maturities Range Securities Notes of Deposit Schedule LAIF 18/19 (Jul - Dec) 0.5 $ 4,000,000 $ $ $ 4,000,000 $ 10,118,502 18/19 (Jan - June) 1.5 735,000 735,000 19/20 (Jul - Dec) 2 19/20 (Jan - June) 2.5 8,000,000 8,000,000 20/21 (Jul - Dec) 3 6,000,000 6,000,000 20121 (Jan - June) 3.5 6,000,000 6,000,000 21122 (Jul - Dec) 4 4,240,000 4,240,000 21122 (Jan - June) 4.5 2,000,000 3,000,000 5,000,000 $ 30,240,000 $ 3,000,000 $ 735,000 $ 33,975,000 $ 10,118,502
4.5
4
3.5
CDs 3 I !t Notes 2.5 !
z I io Maturities
1.5
0.5
s- s1,Ooo,0oo s2,ooo,ooo s3,ooo,ooo s4,ooo,ooo ss,000,000 s6,000,000 s7,000,000 s8,000,000 s9,000,000
lnvestment Policy Compliance o/o ot Policy Max ln Compliance Portfolio Limit Maturity with Policy Agency Debt Securities 30,240,000 68.6 None 5 years Yes Corporate Notes 3,000,000 6.8 3Qo/o 5 years Yes Negotiable Certificates of Deposit 735,000 1.7 None 5 years Yes LAIF 1 0,1 't 8,502 22.9 $65,000,000 N/A Yes 44,093,502
Page 2 of 5 35 Monday, June 18, 2018, City Council Meeting Page No. 29
City of La Verne Treasurer's Report for the Month Ended May 31, 2018
Cash and lnvestments Balance by Fund
Cash and Cash and lnvestments lnvestments Fund Balanc. Fund 101 GENERAL FUND s 7,173,236 Debt Servic€ Fund Special Revenue Funds 326 LOAN REPAYMENT 66,247 206 GAS TAX 1,784,349 Capital Project Funds - 2O8 TRAFFIC SAFETY 405 GENERAL CAP. IMP, 2,934,955 - 215 CDBG 406 ROW MANAGEMENT FUNO 3,952,756 216 oPER. & MATNT. CFD 90-'r- 4O7 I/S TECHNOLOGY CAPITAL FUNO 72,683 221 CABLE PUBLIC ACCESS-PEG 04,299 410 UNDERGROUNDUTILITY 85,701 223 DOWNTN PARKING IN-LIEU 102,163 412 PARK DEVELOPMENT 1,246,788 226 AFFORDABLE HOUSING FUND 1,110,791 413 YOUTH SPORTS CIP 225,499 229 LV HOUSING SUCCESSOR 140,'t 65 419 STORM DRAIN DIST. 't ,630,040 231 ASSET FORFEITURE FUND 2,521,480 Enterprise Funds 232 LACMTA. PROPOSITION A 468,969 502 WATER 1,935,479 234 LACMTA - PROPOSITION C 913,138 507 WATER CAP. IMP. 4,272,981 235 LACMTA- MEASURE R 175,474 519 MIRAMAR DEBT SERVICE 3,133,394 236 LACMTA- MEASURE M 217,011 530 SEWER 698,060 240 PROP 172 PUBLIC SAFEW 227 ,343 531 SEWER CAPITAL IMP. 6,854,692 241 SUPPLEMENTAL LAW ENF SERV 76,967 624 EQUIPMENT FUND 1,521 ,03'l 243 482766 MOBILE SRCAIR POL 460,'190 Custodial Funds 244 PUBLIC SAFETY EQUIPMENT FUND 643,579 713 TRUST & AGENCY 2,650,644 245 DNTWN. BUS. IMP. DIST. 127 ,816 730 REDEV OBLIGATION RETIREMENT 166,676 246 MAINTENANCE DIST. 6E2,43'l 759 L. A. IMPACT 10 757 398 250 FIRE EQUIPMENT REPLACEMENT 1,858,984 252 LARGE BLDG CFD FUND 94,765 Total Treasury Cash & lnvestments 61 772
* Funds currently showing a negative cash balance due to unreimbursed costs are shown as if the applicable due to/from other funds balances were posted in the General Fund. Negative cash balances were $456,405.
Note: the above balances represent cash and investment balances in the respective funds, not the respective financial statement fund balances
Page 3 of 5 36 Monday, June 18, 2018, City Council Meeting Page No. 30
City of La Verne Treasurer's Report forthe Month Ended May 31,2018 Portfolio Holdings lnvestment Maturity Yield to MarketValue lnvestmentlnstitution Description Doc. l.D. Date Maturity L.A. lmpact $10,783,948 $10,757,398 Califomia State Treasurer LAIF 9819439 Various 61112018 1.600 $10,783,948 $10,757,398 Total L.A. lmpact
City's Poolod lnvestmenta $10,118,502 $10,093,591 California State Treasurer LAIF 9819439 Various 6t1t2UA 1.600 $245,000 $243,094 Securities America, lnc. Peoples United Bank CD 71270QQ22 7 t19t2017 7t19t2019 't.650 $245,000 $243,062 Vining Sparks lBG, LP Goldman Sach Bank USA CD 38148PMN4 8t9t2017 8t9t2019 1.700 $245,000 $242,981 Securities America, lnc. Oriental Bank CD 68321K8F7 8t11t2017 8119t2019 1.700 $2,000,000 $1,999,620 Piper Jaffray FHLB NOTE 3133836X4 6t1212013 6t12t2018 1.000 $2,000,000 $1,999,280 Securities America, lnc. FHLB NOTE 313383H80 6t2812013 6t26t2018 1.250 $2,000,000 $1,974,540 Securities America, lnc. FHLB NOTE 313046GD3 9t25t2015 92.5t2019 1.500 $2,000,000 $1,970,820 Hilltop Securities, lnc. FFCB NOTE 3133EFKY2 10t28t2015 10t29t2019 1.360 $2,000,000 $1,970,880 Securities America, lnc. FHLB NOTE 313046N41 10t29t2015 10n9n019 1.400 $2,000,000 $1,966,820 Piper Jaffray FHLMC NOTE 3134GAZY3 12t30t2016 12t30D019 1.500 $2,000,000 $1,959,300 Hilltop Securities, lnc. FFCB NOTE 3133EFZI7 2t26t2016 2t24t2020 1.400 $2,000,000 $1,956,700 Hilltop Securities, lnc. FHLB NOTE 3130A72T5 5t18t2016 5t18t2020 1.400 $2,000,000 $1,958,440 Securities America, lnc. FHLB NOTE 3130AA329 12t15nU6 6115t2020 1.500 $2,000,000 $1,946,460 Piper Jaffray FHLMC NOTE 3134GABM5 8t30t2016 8t28t2020 1.300 $2,000,000 $1,934,340 Hilltop Securities, lnc. FFCB NOTE 3133EGXX8 10t13t2016 10t13t2020 1 .340 $2,000,000 $1,946,320 Multi Bank Securities, lnc FFCB NOTE 3133EGEU5 611412016 12t1412020 1.540 $2,000,000 $1,962,740 Multi Bank Securities, lnc FHLB NOTE 3130A6XY8 1t2712016 1t27t2021 2.000 $240,000 $233,422 Hilltop Securities, lnc. FHLB NOTE 313047C17 2t26t2016 2t26t2021 1.690 $2,000,000 $1,938,660 Hilltop Securities, lnc. FFCB NOTE 3133EGDH5 6t2t2016 6Dt2021 1.690 $2,000,000 $1,944,680 Hilltop Securities, lnc. FHLB NOTE 313OAAB83 12t2112016 12t22D021 2.000 $988,280 $979,970 Multi Bank Securities, lnc US Bancorp 91't59HHP8 5t31t2018 1124t2022 2.966
Page 4 of 5 37 Monday, June 18, 2018, City Council Meeting Page No. 31 Purchase lnvestment Maturity Yield to Cost Market Value lnvestment lnstitution Description Doc.l.D. Date Date Maturity $992,240 $986,900 Multi Bank Securities, lnc TD Ameritrade 87236Y4E8 5t31t2018 4t1t2022 3.166 $994,460 $984,220 Multi Bank Securities, lnc Qualcomm lnc. 7475254E3 5t31t2018 5t20t2022 3.149 $44,068,482 $43,436,839 Total Pooled lnvestments
$54,852,431 $54,194,237 Total Portfolio I hereby certify that the investment activity for this reporting period conforms with the current investment policy as set forth in Resolution No. 06-04. Per government code requirements, there are adequate funds available to meet the City of La Verne's budgeted and actual expenditures for the next six months. X Ronald L. Clark a*( CITY TREASURER
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39 Monday, June 18, 2018, City Council Meeting Page No. 33
l 3 o CITY OF LA VERNE Administration
DATE: June '18, 20'18
TO Honorable Mayor and City Council
E^:GIII Christy Lopez
SUBJECT Traffic Control Plan for the Fourth of July Parade
Each year the City hosts community events to celebrate our nation's independence. The largest event is the Fourth of July Parade on City streets through Old Town La Verne. The City Engineer prepared a traffic control plan for the parade route. Formal adoption of this plan by the City Council will limit the City's liability exposure by providing design immunity. FEreE[[EilENtrEN
Staff recommends that Council adopt the traffic control plan for the Fourth of July Parade.
The goal for the Fourth of July Parade is have a joyous celebration that continues a community tradition. The event is intended to be fun, safe, and festive. ln preparation for the parade, certain actions are taken to limit liability exposure for the event. This includes requiring the following: signed participant waivers from each participant (or guardian), all drivers must be licensed and insured, all scooter/bicycle/ motorcycle riders must wear helmets, road closures are properly identified, and staff and volunteers receive clear assignments/instructions for the event. ln addition, having a traffic control plan adopted by the City Council reduces liability exposure by providing design immunity. Design immunity, as defined by Government Code $ 830.6, is one of the strongest and most effective tools used by public entities to avoid liability for dangerous conditions of public property. Design immunity was intended to prevent a jury from reweighing the factors that were considered by the entity in approving the design. Therefore, it is essential to have a traffic control plan reviewed and approved by the City Council.
A traffic control plan is used to facilitate pedestrians and drivers through and around a temporary disruption of the normal traffic flow conditions. lt includes selection and placement of temporary traffic control devices and other safety measures. The traffic control plan, originally created in 2015 for the Fourth of July is attached to this report and has been reviewed by the Police Department and Public Works Department.
40 Monday, June 18, 2018, City Council Meeting Page No. 34
41 Monday, June 18, 2018, City Council Meeting Page No. 35 Memorandum CITY OF LA VERNE Cornmunity D euelopment D ep artment
DATE: June 18,2018
TO: Honorable Mayor and City Council
FROM: Maia McCurley, Assistant Planner
SUBJECT: City of La Verne "Plan to Prevent and Reduce Homelessness"
At the June 4, 2018 Council meeting City Council approved a motion directing staffto revise the draft "Plan to Prevent and Reduce Homelessness" (Homeless Plan). Based on Council's direction staffmade the following revisions:
1. Addition of a fourth goal - Goal4: Develop Communication Plan for Engaging Community Partners and La Verne Residents - along with accompanylng action iterns, dedicated to the City's communication strategies related to homelessness. To better align the action items with the goals, the communication strategies identified in action item l(a) was eliminated from Goal 1: Improve Coordination Among Key Stakeholders and Engage the Community and added under Goal4: Develop Communication Plan for Engaging Community Partners and La Verne Residents.
2. Modification of the requirement for an annual review and report on plan progress to the City Council, such that the annual review and report to City Council correspond with, or occur at some point after, the release of the most recent annual Point in Time Count results.
3. Modification of the name of the Homeless Plan from "Plan to Prevent and Combat Homelessness" to "Plan to Prevent and Reduce Homelessness." The word "combat" has been removed throughout the document as well.
City Council is asked to review the revised Homeless Plan and approve the adoption of the Plan by adopting Resolution No. l8-33, and authorize submission of the Plan to the County of Los Angeles.
42 Monday, June 18, 2018, City Council Meeting Page No. 36
n l 0 CITY OF LA VERNE
June 4,2018
TO Honorable Mayor and City Council
FROM: Eric Scherer, AICP, Community Development Director
SUBJECT: Draft 'Plan to Prevent and Combat Homelessness'
Staff, with the assistance of LeSar Development Consultants (LDC), has prepared a draft "Plan to Prevent and Combat Homelessness" (Homeless Plan) for the City. The Homeless Plan, which has a significant focus upon homelessness prevention, outlines three (3) strategic goals, along with action items in support of each goal . These goals and actions reflect the priorities and needs of the community, while also aligning with the Homeless lnitiative strategies adopted by the County of Los Angeles Board of Supervisors and funded by Measure H.
Staff recommends City Council review the drafl Homeless Plan (Attachment A), and provide staff with direction for any requested revisions prior to adoption of the Plan and submiftal of the Plan to the County of Los Angeles.
ln March 2017, Los Angeles County voters approved Measure H, a % cent sales tax which will generate an estimated $355 million annually for ten (10) years. The funds will be utilized for initiatives dedicated to preventing and combating homelessness within the region. On June 13, 2017, the County of Los Angeles Board of Supervisors approved Measure H funding allocations in support of the County's Homeless lnitiative strategies.
Recognizing the important role that cities have in supporting the Homeless lnitiative, the County of Los Angeles Board of Supervisors also allocated $2 million in one-time funding for individual cities to develop a plan to address homelessness in their respective communities. The Home for Good Funders Collaborative is administering these City Planning Grants in partnership with the Los Angeles County Homeless lnitiative. ln September 2017 staff submifted an application for a City Planning Grant, and on February 20, 2018, City Council approved execution of a contract with the County of Los Angeles to accept grant funds in the amount of $30,000 to create a city specific Homeless Plan. The City also entered into an agreement with the San Gabriel Valley Council of Govemments (SGVCOG) to administer the planning grant, as well as procure a consultant to work with cities in the region. On January 18, 2018 the SGVCOG governing board, with input from member cities, selected LeSar Development Consultants to assist participating cities with the development of their city
43 Monday, June 18, 2018, City Council Meeting Page No. 37 CC Agenda Report Homeless Plan June 4, 2018 Page 2 specific homeless plans. ln late January 2018 SGVCOG and LDC facilitated a regional kick-off meeting for cities to review the plan process and discuss next steps.
From March to April, LDC facilitated a series of community meetings in the City with various stakeholders, community members, homeless service providers, residents, businesses, law enforcement and City staff to discuss the issues, challenges and concerns with homelessness in the City, as well as potential strategies to address the situation. The information gathered at the various meetings formulated the goals and action items included in the Plan. These identified goals and actions best reflect the community's priorities and needs which align with the strategies adopted by the County of Los Angeles Board of Supervisors, and which are funded by Measure H.
Homeless Plan Summarv
The Homeless Plan provides background on efforts to date to address homelessness within the City, and establishes three (3) strategic goals, with supporting action items for each goal, to prevent and combat homelessness within the community over the next three (3) years. The goals and actions in the plan are as follows:
3 Goal 1: lmprove Coordination Among Key Stakeholders and Engage the Community
. Action 1a: Subregional Taskforce on Homelessness . Action 'lb: Community Engagement Strategy . Action 1c: Education on Homeless lnitiative Strategies . Action 1d: CES Access at Local Service Providers . Action 1e: HOST Program Participation
:'l Goal 2: Expand Supportive Housing and Preserve Affordable Housing
. Action 2a: Senior & Youth Shared Housing Program . Action 2b: Preserve Affordable Housing Covenants
rl Goal 3: lncrease lncome for People Experiencing Homelessness
.,] Action 3a: Expand Wo* Opportunities for the Homeless
There are a combined total of eight (8) supporting actions amongst the three (3) strategic goals. Each supporting action outlines a specific task or activity the City will undertake or participate in, in an effort to achieve one of the three (3) identified strategic goals. With every supporting action the Plan identifies the applicable policy changes; a measurement of action progress; department level ownership of the action; leveraged City resources; and a timeline for implementation.
44 Monday, June 18, 2018, City Council Meeting Page No. 38 CC Agenda Report Homeless Plan June 4, 2018 Page 3
A significant focus of the Plan is homelessness prevention, and many of the identified supporting actions strive to enhance prevention efforts through the strengthening of programs, services and activities which already exist within the community. Staff prioritized developing a Homeless Plan with a focus upon further cultivation of existing resources, and the resulting Plan goals and action items align with this priority, as well as the County Homeless lnitiative Strategies, many of which have been identified for Measure H funding.
Plan Completion
To satisfy the requirements of the City Planning Grant and the executed agreement with the County of Los Angeles, the final Homeless Plan is due to the County by June 30, 2018. Prior to the June 30th deadline, staff will submit the final Plan to the City Council for approval and adoption. Upon submittal to the County, the scope of work for the City Planning Grant will be completed.
Plan lmolementation
The Plan is the City's vision for moving forward to combat and prevent homelessness, and address the needs of its homeless residents; however, implementation of the identified goals and supporting actions is dependent on the availability of resources, opportunities and funding. lt is anticipated that Measure H funding will become available to cities that have submitted a plan and want to apply for plan implementation funds. Ultimately, implementation of the Homeless Plan and the identified goals and actions will be at the City's discretion, and will be based upon the City's ability to access the necessary resources, opportunities and funding required for implementation.
Oversight of the Plan will be managed by the Community Development Department, who will provide periodic progress reports to the City Manager. Community Development Department staff may also make modifications and additions to the Plan, with City Council approval. At minimum, the Community Development Director will provide an annual review of Plan progress to City Council. W The proposed Homeless Plan is consistent with the City's adopted plans, and is exempt from the California Environmental Quality Act per Section 15061(bX3) and the La Verne Environmental Guidelines. No further environmental review is required.
Respectfully submitted, )!\^r, 1\/\ htM Maia McCurley Assistant Planner
Attachments: A. Draft "Plan to Prevent and Combat Homelessness"
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RESOLUTTON NO. 18-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING A "PLAN TO PREVENT AND REDUCE HOMELESSNESS" AND AUTHORIZING SUBi'IISSION OF THE PLAN TO THE COUNTY OF LOS ANGELES
WHEREAS, in the summer of 2015 the County of Los Angeles Board of Supervisors launched its Homeless lnitiative with the goal of identifying strategies for addressing homelessness across the County; and
WHEREAS, in early 2016 the Board of Supervisors approved 47 strategies to prevent and reduce homelessness as part of the County's Homeless lnitiative Action Plan; and
WHEREAS, in March 2017 Los Angeles County voters approved Measure H, a % cent sales tax which will generate an estimated $355 million annually for ten years to fund and support the County Homeless lnitiative strategies; and
WHEREAS, in July 20'17, the Board of Supervisors, recognizing the important role that cities have in supporting the County Homeless lnitiative, announced City Planning Grants for individual cities to develop city specific plans, with the purpose of aligning with the County Homeless lnitiative strategies funded by Measure H and identifying the appropriate methods for addressing homelessness within their respective communities; and
WHEREAS, in February 2018 the City of La Verne executed a contract with the County of Los Angeles to accept grant funds in the amount of $30,000 to develop a homeless plan to identify city specific goals and strategies to address homelessness locally and subregionally; and
WHEREAS, the City of La Verne has developed a "Plan to Prevent and Reduce Homelessness," which will facilitate and guide the Cily's efforts to address homelessness through the identification of goals, supporting actions, applicable policy changes, progress measurements, departmental goal/action ownership, leveraged City resources, partnerships, and implementation plans; and
WHEREAS, adopting and implementing the "Plan to Prevent and Reduce Homelessness" will affirm the City's commitment to preventing homelessness and will have benefit and value for public health, safety and welfare through encouraging best practices for addressing homelessness;
THEREFORE, THE LA VERNE CITY COUNCIL DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council HEREBY ADOPTS the attached "Plan to Prevent and Reduce Homelessness" to guide the City's efforts to address homelessness within the community and subregionally, and position the City to be eligible for future plan implementation funding available through the County of Los Angeles.
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Section 2. The City Council HEREBY FINDS and DETERmINES that the approval of this Resolution and associated action is exempt from the California Environmental Quality Act pursuant to Section '1506'1(b)(3) as well as City of La Verne environmental guidelines.
Section 3. That the Mayor shall sign and the Assistant City Clerk shall attest to the passage and adoption of this Resolution and thereupon the same shall take effect and be in force.
PASSED, APPROVED AND ADOPTED this 18s day of June, 2018.
Don Kendrick, Mayor ATTEST:
Lupe Gaeta Estrella, Assistant City Clerk
I hereby certify that the foregoing Resolution No. 18-33 was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 18s day of June, 2018, by the following vote:
AYES: NOES: ABSENT: ABSTAIN:
RESO. NO.18-33 2
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Plan to Prevent and Reduce Homelessness
City of La Verne
June 2018
48 About the City of La Verne Plan to Prevent and Reduce Monday, June 18, 2018, City Council Meeting Homelessness Page No. 42 In the summer of 2015 the Los Angeles County Board of Supervisors launched its Homeless Initiative with the initial goal of identifying strategies for addressing homelessness across the County. In early 2016, the Board of Supervisors approved the 47 strategies that comprise the Homeless Initiative’s Action Plan (see Appendix I). Sixty-nine percent of Los Angeles County voters then approved Measure H in March 2017, which will raise an estimated $355 million annually through a quarter percent sales tax to support the Homeless Initiative strategies. On February 20, 2018 the La Verne City Council approved acceptance of grant funds from the County of Los Angeles for a City Planning Grant to develop a City Plan to Prevent and Reduce Homelessness (Homeless Plan). In February 2018, through a partnership with the San Gabriel Valley Council of Governments (SGVCOG) the City approved an agreement with LeSar Development Consultants (LDC) to assist with the creation of the Homeless Plan. In March 2018, staff introduced the plan’s purpose and process elements, schedule of meetings, and outreach strategies to gather public input from stakeholders, community members, and City staff throughout the development of the plan. In March 2018, LDC along with the Community Development Department hosted a series of community meetings with various stakeholders, community members, homeless services providers, residents, and City staff to discuss the issues, challenges, concerns, and current conditions contributing to homelessness in La Verne. The meetings also focused on ways to improve the quality of life for residents, neighborhoods, and the business community, and to solicit feedback and develop strategies to solve the problem. LDC facilitated the meetings and collected pertinent information for the development of the Homeless Plan. The information gathered at the various meetings formulated the goals and strategies included in the plan; these goals and strategies reflect the priorities and needs of the community, while also aligning with the Homeless Initiative strategies adopted by the County of Los Angeles Board of Supervisors and funded by Measure H. 17 other cities within the San Gabriel Valley received grant funds, and are currently engaged in drafting homeless plans, as well as preliminary efforts to form subregional partnerships to advance Homeless Initiative priorities.
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Monday, June 18, 2018, City Council Meeting Contents Page No. 43 About the City of La Verne Plan to Prevent and Reduce Homelessness ...... i Background and Purpose of Homeless Plan ...... 1 Current Efforts to Address Homelessness ...... 3 Homeless Plan Process ...... 4 Goals and Supporting Actions ...... 4 Goal 1: Improve Coordination Among Key Stakeholders and Engage the Community ...... 5 Goal 2: Expand Supportive Housing and Preserve Affordable Housing ...... 8 Goal 3: Increase Income for People Experiencing Homelessness ...... 9 Goal 4: Develop Communication Plan for Engaging Community Partners and La Verne Residents ...... 10 Appendix A: Input from June 4, 2018 City Council Session ...... 12 Appendix B: Stakeholder Input Sessions: Summary of Identified Challenges ...... 13 Appendix C: Stakeholder Input Sessions: Summary of Identified Strategies...... 14 Appendix D: List of Organizations and Departments that Provided Input ...... 16 Appendix E: City of La Verne Online Homelessness Survey Results ...... 17 Appendix F: Glossary ...... 21 Appendix G: Regional Demographic Statistics ...... 23 Appendix H: Table with Alignment of City Actions and County Homeless Initiative Strategies ...... 24 Appendix I: Approved County Strategies to Combat Homelessness ...... 25 Appendix J: Descriptions of Homeless Initiative Strategies the City is Pursuing from Homeless Initiative Action Plan ...... 26
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Background and Purpose of Homeless Plan Homelessness in Los Angeles County has risen dramatically in the past several years, including in the County Service Planning Area (SPA) 3, which includes the City of La Verne. From 2016 to 2017 this area saw an increase of 36% in its total homeless population, according to the Los Angeles Homeless Services Authority (LAHSA) Point in Time Count (PIT Count).1 This increase should be viewed as a symptom of the larger housing crisis affecting many large cities in the US, and almost all of the West Coast.2 The exaggerated lack of housing in Los Angeles County, in particular, has driven the recent unprecedented number of individuals experiencing homelessness.3 This, in turn, spurred the development of the County Homeless Initiative and passage in 2017 of Measure H. The County, Council of Governments, and cities throughout the County have all made significant efforts to coordinate and drive change that will result in more housing and satisfy other best-practice solutions to homelessness. Homelessness in the City of La Verne should be looked at in terms of the relatively small adult population (11 people), and the much larger youth population, comprising both Transition Age Youth (TAY) between 18 and 24 years of age, and minors. La Verne had a population of 26 TAY in 2017, staying in transitional housing operated by David & Margaret Youth and Family Services.4 In addition, 47 youth were experiencing homelessness within the Bonita Unified School District that same year.5 This latter group includes youth enrolled in public school who meet the McKinney-Vento definition of homeless—essentially that they must lack a “fixed, regular, and adequate” nighttime residence, but not necessarily be living outside or in a shelter (See Appendix F: Glossary). City-level data from the regional Coordinated Entry System (CES) provides an enhanced view of individuals who are literally homeless, according to the HUD definition (See Appendix F),
1 Los Angeles Homeless Services Authority. 2017 Homeless Count-Count by City/Community. Available: https://www.lahsa.org/dashboards?id=13-greater-los-angeles-homeless-count-by-city-community. 2 Garfield, Leanna . “A map of America’s homeless problem reveals the best and worst states for affordable housing.” Business Insider. March 22, 2018. 3 Hiltzik, Michael. "California's housing crisis reaches from the homeless to the middle class — but it's still almost impossible to fix." Los Angeles Times. March 30, 2018. 4 Los Angeles Homeless Services Authority. Housing Inventory Count. 2017 5 Los Angeles County Office of Education. Aggregated LA County Homeless Student Count 2016-2017 Dataset.
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using responses to the Vulnerability Index Service Prioritization Decision Assistance Tool (VI- SPDAT) survey and other indicators of a person’s overall health and wellbeing. Based on this data, which was collected from July 2016 through November 2017, 86% of assessed individuals who said they resided in La Verne were TAY between 18-24 years old, while the remainder were over the age of 40. Of this largest subpopulation, 24% reported being homeless because they had run away from home, 29% left due to violence in the home, and 34% left because of an abusive relationship. In addition, 47% reported having spent time in an emergency room within six months of completing the assessment. A useful aspect of the VI-SPDAT survey is the determination of an acuity score, which can help identify an appropriate housing intervention for someone experiencing homelessness. In LA County it is suggested that people experiencing homelessness who fall into the low-acuity scoring range of the assessment (0-3) should be able to find housing on their own, or self- resolve; those in the mid-acuity scoring range (4-11) are best served by Rapid Re-Housing programs; and high-acuity individuals (12+) generally need supportive housing.6 77% of assessed individuals who said they live in La Verne are in the mid-acuity range, indicating a substantial need for time-limited housing assistance, such as Rapid Re-Housing. In addition, 3% of individuals were high-acuity (12+) and 20% were low-acuity (0-3).
6 Los Angeles Homeless Services Authority. Draft CES Prioritization Policies. Available: https://www.lahsa.org/documents?id=1896-draft-ces-prioritization-policies.
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Current Efforts to Address Homelessness In response to the issues described above, as well as the resulting strain on local resources, the City’s leadership has committed to creating a Homeless Plan that will guide the City over the course of three years with reducing instances of homelessness. In addition, the Homeless Plan will help the City to be proactive in identifying ways to implement LA County Homeless Initiative strategies. The City recognizes the need to contribute to these strategies. Considerable work by City leadership and community partners has already gone into this effort. Recent achievements include the City’s becoming compliant with State Bill 2, concerning local planning efforts and homelessness, and the development of affordable housing for Transition Age Youth, in collaboration with the David & Margaret Youth and Family Services organization. The majority of this work is performed at the city level by the Community Development Department, the Police Department, and the Community Services Department. Representatives from these Departments conduct outreach, issue referrals, and partner with service providers and other stakeholders in the City to create resources for low-income households and people experiencing homelessness. Another significant partner for La Verne is Tri-City Mental Health Center (TCMHC), a public agency with a Legal Entity Agreement with LA County Department of Mental Health to provide outpatient mental health services to the cities of La Verne, Pomona, and Claremont. In this capacity TCMHC fills a significant role in La Verne, acting as primary responder for calls for service related to mental health treatment or homelessness, as well as operating a homeless outreach team and case management services. The agency also provides supportive services for local supportive housing and conducts other critical homeless-oriented programs, including roommate training and a landlord engagement program. TCMHC is currently engaged in writing a strategic plan for addressing homelessness in the Tri- City area and has collaborated with City of La Verne staff in coordinating those efforts with the drafting of this plan. The City and its partners are currently engaged in the following additional activities, as well as those listed in Table 3 below:
• The University of La Verne operates a student-sponsored food pantry for ULV students • Sowing Seeds for Life operates a food pantry for LA County residents, who must self- certify income levels upon registering, as well as additional services • The City of La Verne 2014-2021 Housing Element identified at least 252 affordable units within the City, and additionally, the City has covenants for several other housing properties that have units set aside for very-low-, low-, and moderate-income households. A new multi-family property currently under construction is anticipated to have 6 affordable units, and a multi-family property completed in 2014 includes 26 affordable units. • The Community Services Director coordinates City staff and community volunteer participation in LAHSA’s annual Point in Time Count • David & Margaret Youth and Family Services operates a CES access point for TAY • The City is involved in subregional partnership meetings with the Cities of San Dimas, Glendora, Claremont, and Pomona
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Table 3: Housing Inventory Count7
Housing Project Type Organization Name Project Name Total Permanent Supportive David & Margaret Home, Cedar Springs 36 Housing Inc. Apartments David & Margaret Home, Transitional Housing THP Foster Care 34 Inc. Source: Los Angeles Homeless Services Authority. Housing Inventory Count. 2017
Homeless Plan Process The Homeless Plan was created through a collaborative process that “In 30 years in this included the input of multiple stakeholders from different sectors. Key industry I’ve never activities of the plan process included a review of interviews with seen providers, persons experiencing homelessness in the City, and two input sessions homelessness targeted to different stakeholders, including the City Council, City advocates, and departments, homeless services provider partners, the general public, City officials sit and the faith-based community. As a part of each stakeholder input down and talk session, groups were asked to provide feedback on the challenges of about the numbers homelessness within the City as well as to provide input regarding associated with possible strategies, many of which make up the approved goals and homelessness in actions for the City within the plan. For summaries of challenges as well this way.” -March 6 as strategies from each input session see Appendices B and C. Input Session The City also conducted an online survey to collect input from the La attendee Verne community. The survey took place from March 28 through April 15 and collected over 300 responses. A breakdown of the results can be found in Appendix E.
Goals and Supporting Actions The following includes specific goals along with supporting actions. Each action includes applicable policy changes, measurement of progress, ownership of the goal/action, leveraged City resources, and timeline. The Community Development Department is responsible for overseeing the goals and actions described in this plan and reporting on progress, as well as modifying or adding new goals and actions over time. At minimum the plan will be reviewed on an annual basis, at a time corresponding with, or after, the release of the most recent annual Point in Time Count results, and the Community Development Department Director will report plan progress to the City Council. It should be noted that these goals and actions are aspirational and depend to a large degree on funding for additional staff time, cooperation with neighboring cities and regional partners, and the overall success of the County’s effort to implement effective homeless-dedicated programs through its Homeless Initiative and Measure H funding.
7 This annual inventory includes all homeless-dedicated housing reported to LAHSA in 2017
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Goal 1: Improve Coordination Among Key Stakeholders and Engage the Community Homeless Initiative Strategy Link(s): A1, A5, B3, C4/C5, E5, E6, E7
Action 1a
Consider forming a subregional taskforce on homelessness to understand homelessness and its cause in La Verne and subregionally, and to assist with implementation of the Homeless Plan.
• The City could coordinate a quarterly meeting in which participants share information and ideas for local and subregional efforts • Participants might include faith-based organizations, educators, City law enforcement, members of the business community, and service providers, including TCMHC, David & Margaret Youth and Family Services, Haynes Education Center, and Camp Afflerbaugh- Paige • Objective should include understanding the causes of homelessness in La Verne and surrounding area, and strategies for addressing these, in order to prevent homelessness
Measurement: Summary report of first taskforce meeting
Ownership: Community Development Department
Leveraged City Staff time Resources:
Associated No associated policy changes Policy Changes:
Timeline: 6 months, ongoing
Action 1b
Engage City staff and community partners with regard to key Homeless Initiative Strategies that can be used to impact homelessness.
• Ensure Community Services Department staff and Police Department staff, as well as local homeless services providers, know how to use LA County web-based referral system to enable making outreach referrals • Ensure Community Services Department staff and Police Department staff, as well as local homeless services providers understand the process for accessing housing through regional CES, including Prevention, Rapid Re-Housing and Permanent
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Supportive Housing (A1: Homeless Prevention Program for Families and A5: Homeless Prevention Program for Individuals, B3: Expand Rapid Re-Housing) • Encourage homeless services providers to engage SPA 3 CES lead via regional case conferencing • Ensure Community Services Department staff and Police Department staff, and other community partners are educated on County programs that provide SSI/SSDI/Veterans benefits advocacy and understand referral process (C4: Countywide Supplemental Security/Social Security Disability Income and Veterans Benefits Advocacy and C5: Establish a Countywide Veterans Benefits Advocacy Program for Veterans Experiencing Homelessness or At Risk of Homelessness)
Measurement: • Trainings on referral system, prevention, RRH/PSH, SSI/SSDI/Veterans benefits advocacy programs • Increased local participation in case conferencing
Ownership: Community Services Department, Police Department
Leveraged City Staff time Resources:
Associated No associated policy changes Policy Changes:
Timeline: 6 months-1 year
Action 1c
Work on a subregional level with other neighboring cities to support local service providers acting as CES access points (E7: Strengthen the Coordinated Entry System). Service providers may include:
• David & Margaret Youth and Family Services (already providing CES access to clients) • Tri-City Mental Health (working to become CES access point) • Bonita Unified School District (BUSD), which serves San Dimas, La Verne and part of Glendora, would be a good CES access point for families. In collaboration with other cities, we can work with BUSD to become a CES access point (perhaps a BUSD social worker).
Measurement: Convene/participate in a subregional meeting on this issue
Ownership: Community Development Department
Leveraged City Staff time Resources: Associated No associated policy changes Policy Changes:
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Timeline: 6 months, ongoing
Action 1d
Work with LVPD to engage individuals experiencing homelessness and better understand the connection between crime and homelessness in La Verne
• Better understand how City can participate in the HOST program and the requirements of this program • If appropriate, City could work with the City of Pomona Police Department and LA County to access AB109 funds for homeless outreach services (E5: Decriminalization Policy, E6: Expand Countywide Outreach System)
Measurement: Summary report on HOST program requirements and potential benefit to the City
Ownership: Police Department
Leveraged City Staff time Resources:
Associated Potential allocation of staff time to HOST training and ongoing work Policy Changes:
Timeline: 6 months
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Goal 2: Expand Supportive Housing and Preserve Affordable Housing
Homeless Initiative Strategy Link(s): F7
Action 2a
Explore developing a shared housing program for TAY and seniors, along with Bonita Unified School District, University of La Verne, David & Margaret Youth and Family Services, and Claremont Senior Services.
• This program could also partner with Tri-City Mental Health’s roommate training and landlord engagement programs Measurement: Summary report on plan for developing program
Ownership: Community Development Department, Community Services Department
Leveraged City Staff time Resources:
Associated No associated policy changes Policy Changes:
Timeline: 1 year
Action 2b
Work with LA County CEO Office and Community Development Commission to catalog affordable housing covenants that are due to expire and explore options for preserving them (F7: Preserve and Promote the Development of Affordable Housing for Homeless Families and Individuals).
Measurement: List of housing projects and addresses sent to CDC
Ownership: Community Development Department
Leveraged City Staff time Resources: Associated No associated policy changes Policy Changes: Timeline: 3-6 months
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Goal 3: Increase Income for People Experiencing Homelessness
Homeless Initiative Strategy Link(s): C2
Action 3a
Engage Chamber of Commerce, local businesses, and social enterprise organizations (e.g. Dave and Maggie’s Café) to explore available opportunities for hiring homeless and formerly homeless individuals (C2: Increase Employment for Homeless Adults by Supporting Social Enterprise).
• Potential opportunities include the federal Work Opportunity Tax Credit for veterans and California New Employment Credit for hiring CalWorks recipients
Measurement: Meeting with Chamber, businesses
Ownership: Community Development Department
Leveraged City Staff time Resources:
Associated No associated policy changes Policy Changes:
Timeline: 6 months-1 year
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Goal 4: Develop Communication Plan for Engaging Community Partners and La Verne Residents Homeless Initiative Strategy Link(s): None
Action 4a
Develop a strategy for engaging City residents and informing them about the Homeless Plan and homelessness in general, in particular with regard to perceived links between homelessness and crime; homelessness prevention efforts; and the differing needs of various homeless subpopulations.
• Participate in the United Way’s “Everyone In” campaign • Consider producing a referral guide and distributing via handout or the City website • Work with Bonita Unified School District and the University of La Verne to better understand homeless and at-risk youth, and TAY population • Make La Verne residents aware of the TCMHC plan on homelessness and how it complements La Verne’s Homeless Plan
Measurement: • Completed plan for participating in “Everyone In” campaign • Completion of referral guide • Community outreach event on TCMHC and City Homeless Plan Ownership: Community Development Department
Leveraged City Staff time, cost for producing referral guide, facility for community Resources: outreach event
Associated Potential adoption of “Everyone In” messaging Policy Changes:
Timeline: 1 year
Action 4b
This Plan should be reviewed on an annual basis, at a minimum, at a time corresponding with, or after, the release of the most recent annual Point in Time Count results, and the Community Development Department Director will report plan progress to the City Council. Measurement: Annual review of Plan
Ownership: Community Development Department
Leveraged City Staff time Resources:
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Associated No associated policy changes Policy Changes:
Timeline: 1 year
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Appendix A: Input from June 4, 2018 City Council Session
City Administration and Staff of City Departments • Add a communication plan to ensure that members of the public and individuals experiencing homelessness understand what resources are available in the City. • There should be an annual update to this Plan corresponding to the release date for the LA Homeless Services Authority Count data (usually this occurs between mid-June and the end of July). Homeless Services Providers, School District, and Faith-Based Organizations • The name of the Plan (“Plan to Prevent and Combat Homelessness”) is too aggressive. The word “combat” should be replaced with something more trauma-informed. • It may assist the City to obtain funding from the County and Measure H if it includes more of the County Homeless Initiative Strategies. Business Community and General Public, Including People with Lived Experience of Homelessness • There was some concern about whether making services available to people experiencing homelessness would encourage more homelessness in La Verne.
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Appendix B: Stakeholder Input Sessions: Summary of Identified Challenges
City Administration and Staff of City Departments • The Point in Time Count missed counting some people, including several families living in cars. • There is a perception that a lack of resources in La Verne leads to low PITC numbers. • Concerns about how the Gold Line expansion will impact La Verne. • There are issues with people experiencing homelessness using library facilities.
Homeless Services Providers, School District, and Faith-Based Organizations • “Unless we change the level of compassion with which we confront services, this is not going to change… if I don’t care about people who expose themselves to drug addiction, we are never going to see long-term and significant change.” • There is a lack of resources to address mental health and substance abuse. • There is a lack of coordination within the faith community, and limited and occasional resources (e.g. food bank only open for two hours, once or twice a month). • Drinking and substance abuse can be coping mechanisms for life problems. • “They’re here. We don’t see them, because they’re not dirty and they’re not walking the street, they’re couch surfing. It’s important to look at La Verne and consider the hidden homeless.” • 211 is not effective – there is a two-hour hold time to talk to a person. • Domestic violence is a cause of homelessness. • There are gaps in the homelessness services available to youth and seniors. • Individuals experiencing homelessness have unreliable access to healthcare. • Affordable housing covenants are due to sunset (e.g. Habitat for Humanity housing).
Business Community and General Public, Including People with Lived Experience of Homelessness • “Mainly it’s allowing people to have an opportunity to get off of the streets. Without a plan in effect to help the homeless community, there’s no chance for these people to have an opportunity to change their situation.” • “…homeless tend to be feared and ignored by the general public.”
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Appendix C: Stakeholder Input Sessions: Summary of Identified Strategies
City Administration and Staff of City Departments • “The City of La Verne has a sense of community, to care for one another, and I definitely think that we can end homelessness in La Verne.” • Increase collaboration between government, education, business, and faith groups. • Conduct an analysis of affordable housing stock with an aggregated timeline of covenant expirations. • Rotating message board at City Hall or library to advertise services or clearinghouse to people in need. • Educate the community on true impact of homelessness on local crime rate.
Homeless Services Providers, School District(s), and Faith-Based Organizations • Outreach to people experiencing homelessness. • Increase supportive services for Transition Age Youth. • Homelessness is an issue that requires diverse solutions based on different needs. • “You’re not gonna find 3 homeless people with the same problems. It’s not one solution for such a complex problem.” • It is important to recognize connection between stressors such as financial need and housing instability, and mental health problems and substance abuse. • More coordination amongst existing organizations, and for referrals between organizations. • Open a centralized fund for people and churches, etc. to donate to, that is focused on La Verne (Kelli: similar to Inland Valley Hope Partners). • Hold quarterly meetings of stakeholders based in La Verne for coordination. • Accessory Dwelling Units. • Create employment opportunities for people experiencing homelessness. • Pathways to connect helpful landlords with clients, potentially with subsidies. • Create volunteer opportunities for University of La Verne students. • Homeshare program with screening mechanism. • Connect the University of La Verne and other food pantries to create a local and regional network. • “Housing equals mental health.”
Business Community and General Public, Including People with Lived Experience of Homelessness • “…Need access to various tiers of housing programs for individuals with various needs…there is a need for all tiers.” • “Having a shelter for every man, woman and child is the basic humanitarian need.”
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• “…we should make sure the homeless are safe and not a threat to themselves or others…” • “They need to be able to seek help and not feel like criminals.”
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Appendix D: List of Organizations and Departments that Provided Input
Input Session Attendee Affiliation Captain Colleen Flores La Verne Police Department Robin Carder La Verne City Council Tim Hepburn La Verne City Council Yvonne Duran Recreation Coordinator, Community Services Department Marco Lundgren Office of State Senator Anthony Portantino David Weldon Grace Church Leah Skinner Director, La Verne Chamber of Commerce Maria Lopez Union Station Homeless Services Sarah Hoppmeyer Hathaway-Sycamores Thomas Allison Social Justice Advocacy Project, Inc. Lincoln Dial Pastor, Calvary Baptist Church Edwin Wong Pastor, New Life Christian Center Joan Reyes La Verne Resident; Temple Beth Israel Kristen King David & Margaret Youth and Family Services Marissa Scholefield David & Margaret Youth and Family Services Nohemi Cruz David & Margaret Youth and Family Services Marge Lentz La Verne Heights Presbyterian Church Harriet Archibald Woodward La Verne Heights Presbyterian Church Robert Cowan Inland Communities Organizing Network Rimmi Hundal Tri-City Mental Health Gilbert Saldate Tri-City Mental Health Jaye Houston University of La Verne; Helping Hands Gary Hunter La Verne Resident Rosemary Hunter La Verne Resident Christina Lopez St. John’s Episcopal Church Kelli Grace Kurtz Priest, St. John’s Episcopal Church; Laundry Love George May Manager, La Verne Library Wytske Visser Inland Valley Hope Partners Jody Gmeiner Pomona Valley Habitat for Humanity Fran Robertson Sowing Seeds for Life Mark Rodgers Bonita Unified School District Brian Bowcock La Verne Resident Bill Aguirre Community Services Director Lieutenant Tom Frayeh La Verne Police Department Kathy Winsor St. John’s Episcopal Church; Laundry Love Jan Cicco SGVCOG
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Appendix E: City of La Verne Online Homelessness Survey Results
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Appendix F: Glossary
Accessory Dwelling Unit ADU Also known as granny-flat or Secondary Dwelling Unit, is an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons, on the same parcel of land as a single-family dwelling. CalWorks A public assistance program operated by county welfare departments that provides cash aid and services to eligible families in California that have a child(ren) in the home. Coordinated Entry System CES A regional database and prioritization list of all individuals experiencing homelessness. Individuals must complete a needs assessment (the VI-SPDAT) in order to be added to CES. Council of Governments COG Geographic sub regions designated by Los Angeles County for planning purposes. There are nine of these throughout the region, including the San Gabriel Valley COG. Department of Public Social DPSS The agency overseeing public benefits for LA County. Services, Los Angeles First 5 Los Angeles A Los Angeles-based non-profit organization that advocates for children. Homeless Adults counted in the PITC meet the US Department of Housing and Urban Development (HUD) definition of Literally Homeless: • Individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning: i) Has a primary nighttime residence that is a public or private place not meant for human habitation; ii) Is living in a publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state and local government programs); or iii) Is exiting an institution where (s)he has resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution.8
Youth counted by the Unified School District meet the definition included in the McKinney-Vento Homeless Assistance Act: The term "homeless children and youths"-- (A) means individuals who lack a fixed, regular, and adequate nighttime residence (within the meaning of section 103(a)(1)); and (B) includes-- (i) children and youths who are sharing the housing of other
8 US Department of Housing and Urban Development. “Homeless Definition.” 2015. Available: http://ctagroup.org/wp-content/uploads/2015/10/Homeless-Definition-and-documentation.pdf.
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persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; or are abandoned in hospitals; (ii) children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings (within the meaning of section 103(a)(2)(C)); (iii) children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and (iv) migratory children (as such term is defined in section 1309 of the Elementary and Secondary Education Act of 1965) who qualify as homeless for the purposes of this subtitle because the children are living in circumstances described in clauses (i) through (iii).9 Homeless Families HFSS An LA County and City-funded program that provides homeless Solutions System services to families. Homeless Management HMIS Web-based database on individuals experiencing Information System homelessness. Los Angeles’ HMIS is administered by LAHSA. Los Angeles Homeless LAHSA LAHSA administers federal, state, and local funding to almost Service Authority 100 service providers. Rapid Re-Housing RRH An evidence-based housing intervention recommended by HUD, USICH and NAEH. RRH provides time-limited housing assistance and limited case management services to assist individuals in finding and maintaining permanent housing. Self-Resolution (“To self- Ending one’s own instance of homelessness without financial resolve”) or other assistance. Service Planning Area SPA LA County is divided into eight geographic areas for the purposes of administering services related to health and homelessness. Each SPA is expected to have a balance of homeless services. Shelter Temporary housing for people experiencing homelessness. Sheltered Indicates that a person is experiencing homelessness but staying in a shelter, not outside, in a vehicle, or in a homemade dwelling, such as a tent. Supplemental Security SSI A Federal income supplement program funded by general tax Income revenues. Supportive Housing Subsidized housing paired with supportive services, such as case management, job training and/or mental health services. Unsheltered Indicates that a person is sleeping outside, in a vehicle, in a homemade dwelling, or other location not meant for human habitation. Vulnerability Index - Service VI-SPDAT An assessment conducted on people experiencing Prioritization Decision homelessness to determine their level of acuity and enable Assistance Tool prioritization through CES.
9 US Congress. McKinney-Vento Homeless Assistance Act. Subtitle VII-B. 1987.
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Appendix G: Regional Demographic Statistics
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Appendix H: Table with Alignment of City Actions and County Homeless Initiative Strategies
The following table provides a summary of the alignment of actions identified in La Verne’s plan and strategies within the County Homeless Initiative. City of La Verne County Homeless County Description Measure H Funded Action Initiative Strategy Funded Prevention, RRH, Increase 1c A1, A5, B3, C4, C5 Yes Yes Income 1d, 1e E5, E6, E7 Outreach Yes Yes Increase Affordable/Homeless 2b F7 Yes Yes Housing 3a C2 Increase Income Yes Yes
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Appendix I: Approved County Strategies to Combat Homelessness
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Appendix J: Descriptions of Homeless Initiative Strategies the City is Pursuing from Homeless Initiative Action Plan
The following are descriptions of selected County Homeless Initiative strategies that are identified as strategies within La Verne’s plan. The descriptions are directly from the County Homeless Initiative Action Plan.
Strategy A1: Homeless Prevention Program for Families Los Angeles County has an opportunity to build on current programs and services to develop an integrated, comprehensive system to assist families on the verge of homelessness.
DPSS provides homeless prevention assistance to certain CalWORKs families in the form of eviction prevention, temporary rental subsidies and other financial services, but provides limited case management services and no legal services. First 5 LA funds home visitation programs which could play a role in identifying families who are at risk of homelessness. The County and City of Los Angeles fund the HFSS to expedite the delivery of housing and other supportive services to families experiencing homelessness, but has provided very limited homeless prevention services. The Board recently allocated $2 million to HFSS for prevention purposes that could be useful to learn from and build upon.
LAHSA should develop, in collaboration with County agencies and family system partners, a comprehensive strategy to effectively identify, assess, and prevent families from becoming homeless, and to divert families in a housing crisis from homelessness. The strategy should consist of a multi-faceted approach to maximize and leverage existing funding and resources, evaluate and potentially modify policies that govern existing prevention resources to allow greater flexibility, prioritize resources for the most vulnerable populations, and create an outreach and engagement strategy to identify access points for families at risk of homelessness. The major areas critical to developing a homeless prevention system in Los Angeles County involve identifying additional and targeting current resources from multiple systems to focus on homeless prevention.
Strategy A5: Homeless Prevention Program for Single Adults
Implement an integrated, comprehensive homeless prevention program to effectively identify, assess, and prevent individuals from becoming homeless, and divert individuals in a housing crisis from homelessness. This strategy will use a multi-faceted approach to maximize and leverage existing funding and resources, and prioritize resources for the most vulnerable populations. This strategy will address rental/housing subsidies, case management and employment services, and legal services.
Strategy B3: Partner with Cities to Expand Rapid Re-Housing
The purpose of rapid re-housing is to help homeless families/individuals/youth with low-to- moderate housing barriers to be quickly re-housed and stabilized in permanent housing. Rapid re-housing connects homeless individuals and families, as well as vulnerable sub-populations such as older adults, to permanent housing through the provision of time-limited financial
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assistance, case management and targeted supportive services, and housing identification/navigation supports:
• Financial assistance includes short-term and medium-term rental assistance and move- in assistance, such as payment for rental application fees, security deposits, and utility deposits. Financial assistance can come in the form of a full subsidy (covering the full rent for a period of time) or a shallow subsidy (covering a portion of the rent with gradual decreases in the subsidy over time).
• Case management and targeted supportive services can include, but are not limited to: money management; life skills; job training; education; assistance securing/retaining employment; child care and early education; benefits advocacy; legal advice; health; mental health; substance use disorder treatment; community integration; and recreation.
• Housing Identification/Navigation Supports address barriers for individuals and families to return to housing, which includes identifying a range of safe and affordable rental units, as well as recruiting landlords willing to rent to homeless individuals and families. Landlord incentives can include items such as a repair fund and/or recognition at relevant landlord events. Housing navigation staff should assist clients in searching for housing, completing and submitting rental applications, and understanding the terms of the lease.
Rapid re-housing is the most effective and efficient intervention for more than 50 percent of homeless individuals and families based on available data. The success rate for permanent placement is higher and recidivism rates are lower than other forms of housing interventions. However, it is not the best intervention for those who have been chronically homeless and/or face high barriers that impact housing placement, and is not the most effective intervention for all victims of domestic violence and/or human trafficking and youth.
Rapid re-housing is generally categorized as a short-term housing resource lasting 6-12 months, but in some cases up to 24 months, if steady, but slow improvements are made by recipients in making the transition to self-sufficiency. Strategy C4: Establish a Countywide SSI Advocacy Program for People Experiencing Homelessness or At Risk of Homelessness
The recommended countywide Supplemental Security Income (SSI) Advocacy Program would provide assistance to eligible homeless individuals and those at risk of homelessness (including all disabled general relief participants) in applying for and obtaining SSI or other related benefits Social Security Disability Insurance (SSDI) and Cash Assistance Program for Immigrants. The Program, modeled after DHS’ former Benefits Entitlement Services Team (B.E.S.T), should be overseen by the Los Angeles County Department of Health Services because of its successful management of B.E.S.T. and its achievement of high outcomes and experience with large-scale contracting with homeless services agencies across the county. A Request for Proposals is targeted for release by the end of June, 2016, to secure two or more contractors, who could use subcontractors, as needed, to meet the geographic needs of the County.
Referrals to the Countywide SSI Advocacy Program should be received via a warm hand-off from: (1) existing homeless entry points and systems of care, such as Housing for Health, the Coordinated Entry System (CES), Homeless Families Solutions System
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(HFSS), and the Single Adult Model (SAM); (2) the County Departments of Public Social Services, Mental Health, Public Health, Military and Veterans Affairs, and Children and Family Services, the Probation Department, and the Sheriff ’s Department; and (3) community-based organizations serving individuals who are homeless or at risk of homelessness.
Strategy C5: Establish a Countywide Veterans Benefits Advocacy Program for Veterans Experiencing Homelessness or At Risk of Homelessness
The Department of Military and Veterans Affairs will contract for one or more Homeless Veterans Benefits Specialist Resource Team(s) to provide assistance to eligible homeless veterans in applying for and obtaining income and/or health benefits from the Department of Veterans Affairs. The program will be operated in partnership with community-based organizations to: (1) provide wraparound case management, health, and mental health supports to house enrolled veterans; and (2) acquire VA Service-Connected Compensation or VA Non- Service-Connected Pension benefits. The components of the proposed Veterans Advocacy Program include:
• VA Benefits Specialist Resource Teams serving all Service Planning Area (SPA) of the County.
• Ongoing training and technical assistance for veterans and homeless service agencies, Federally Qualified Health Centers, and County and other public agencies – training and technical assistance will be conducted by a VA Accredited Agent and/or Attorney, and could be from the VA Benefits Specialist Team or through a subcontract to reach government and community organizations and clinicians that serve veterans.
• Provide quality assurance to ensure the submission of high quality Service- Connected/Non-Service-Connected applications
Strategy C6: This strategy provides Supplemental Security Income and Veterans Benefits Advocacy for individuals who are homeless or at risk of homelessness. Services include support with developing and filing high quality benefits applications, securing medical records, coordinating housing and other needed services.
. FACILITIES: Countywide Benefits Entitlement Services Teams (CBEST) will be available in the community to serve homeless individuals. It is possible that CBEST can provide targeted outreach at city facilities. . REFERRALS: City staff who identify disabled homeless individuals in need of benefits advocacy could submit a referral to the designated CBEST agency for the SPA.
Strategy E7: Strengthen the Coordinated Entry System
The move toward CES culminated with the implementation of the Federal “Opening Doors” Strategic Plan to prevent and end homelessness, the HEARTH Act, and the requirement that Continuums of Care (CoC) create a coordinated or centralized assessment and housing placement system. This system must be used to prioritize access to housing and services based on service need in order for a CoC to be eligible for federal homeless assistance funding. Coordinated entry is the process through which people experiencing homelessness or who are
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at-risk of homelessness can easily access crisis services through multiple, coordinated entry points, have their needs assessed and prioritized consistently, and, based upon those needs, be connected with appropriate housing interventions and supportive services. For special sub- populations, such as victims fleeing domestic violence or human trafficking, or those who are HIV-positive, CES must ensure that data-tracking and matching protocols do not conflict with confidentiality provisions to maintain individual safety and overall well-being.
The County and City of Los Angeles have come a long way in coordinating the delivery of homeless services and housing. Over the last several years, there has been greater service integration and cooperation among County departments, city agencies and community organizations. For example, in early 2013 CES for single adults rolled out in Skid Row and is now operational in all SPAs and coordinates housing and supportive services not only with the County and City of Los Angeles, but with networks of over 100 local housing providers as well. CES could be strengthened through more standardization and an enhanced administrative/technological infrastructure for the coordinated entry systems for single adults and families, as well as the youth system which is currently in pilot. In fiscal year 2014-15, 9,720 individuals were assessed for homeless services and roughly 1,738 were housed.
Strategy F7: Preserve and Promote the Development of Affordable Housing for Homeless Families and Individuals
This Strategy provides funding to the CDC to finance the development and preservation of homeless housing through CDC’s Notice of Funding Availability (NOFA) process. The funding provided for this program is intended to support the development and preservation of homeless housing in areas of the county where there is an urgent need. Certain elements of the program specific to this funding source, such as population targeting, geographic preferences, and local jurisdiction participation, will be developed by the CDC, with guidance from LAHSA’s Housing Gap Analysis and stakeholder feedback.
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Agenda Report CITY OF LA VERNE Public Works Depaftment
DATE: June 6, 2018
TO: Honorable Mayor and City Council
FROM DanielW. Keesey, Public Works Director
SUBJECT: NPDES Additional Monitoring Updated Agreement
SUMMARY
The City of La Verne is mandated to meet numerous requirements enacted under the Municipal Separate Storm Sewer System Permit (MS4). There are several facets of compliance and partnering with surrounding communities to achieve compliance in mandatory downstream monitoring will be the most cost effective approach. Staff is seeking Council concurrence to renew our partnership with the Gateway Water Management Authority to meet this one aspect of compliance.
RECOMMENDATION
Staff recommends approval of Resolution 18-34, authorizing the Public Works Director to execute the attached agreement with the Los Angeles Gateway Region, lntegrated RegionalWater Management Joint Powers Authority along with their partners to share costs and monitoring data in compliance with the MS4 Permit.
BACKGROUND
The MS4 Permit is the State's implementation of the Federal National Pollutant Discharge Elimination System (NPDES) program, which was developed and is continuously adapted in response to the Clean Water Act. It is enforced by the Los Angeles RegionalWater Quality Control Board, (Regional Board). The latest permit, adopted by the Regional Board on November 8, 2012 is very complex and over 500 pages in length with provisions that place a significant burden on cities including the regulation of over 140 potential pollutants in storm water. !n addition to complying with numerical water quality limits, the City is tasked with preventing activities often beyond its resources or authority, and must partner with other agencies when possible to share resources.
The City signed an agreement with the neighboring cities of Claremont, Pomona and San Dimas to coordinate and share the costs of developing a Watershed Management Plan (WMP) and Coordinated lntegrated Monitoring Program (CIMP) to comply with the rigorous regulations of the MS4 permit. The WMP and CIMP's were approved by the
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Los Angeles Regional Water Quality in mid 2015 . They address most, but not all of the monitoring requirements placed upon the City of La Verne.
The wMP and CIMP detail all required monitoring within our immediate drainage area. However, the city of La verne, along with other foothill cities, is also required to monitor the water leaving the San Gabriel River just before it enters the ocean, near the cities of Seal Beach and Long Beach. The Gateway Water Management Authori$ is coordinating an effort between all tributaries of the San Gabriel River with the goal of lowering costs for all parties involved. ln May 2015, the city of La Veme entered into an agreement with the Gateway Water Management Authority to perform monitoring duties, which ends on June 30, 2018. To contin-ue cooperative monitoring tasks, the Gateway Water Management Authority and the City of La Verne must enteiinto another agreement. The attached agreement is similar, with the following amendments: -Addition of potentially ailowing additional members from the private sector to share costs. -lncrease in administrative fees, from five percent to eight and seven six percent with the potential to increase, if the Gateway Water Management Authority is not covering their costs. -should more parties join and lower our costs, the remaining balance will be applied to future year costs.
The effort of the Gateway Water Management Authority will significantly decrease the from cost and time required to successfully permit, construct, maintain and retrieve data a monitoring station located many miles south of La Verne'
The cost for the city of La Verne to participate in this effort for each fiscal year is estimated at $1,395.88. These costs could change over the years as the adaptive management piocess is exercised or as the number of cities participating changes.
These estimated costs are far less than it would cost the City of La Verne to individually p"rrit, install, maintain and retrieve data Although such costs have not been iully estimated,"on.trrct, itwould likely be well into the hundreds of thousands of dollars.
Respectfully Submitted bY,
Lisa O'Brien Management AnalYst
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RESOLUTTON NO. 18-34
A RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING THE EXECUTION OF A CONTRACT EXTENSTON FOR A MONITORING PROGRAM BETWEEN THE CITY OF LA VERNE AND THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER MANAGEMENT JOINT POWERS AUTHORITY
BE lT RESOLVED by the City Council of the City of La Verne as follows:
Section 1, That the Director of Public Works is HEREBY AUTHORIZED to execute an extended cost sharing agreement for the installation of monitoring equipment and monitoring (Contract) with the Los Angeles Gateway Region lntegrated Regional Water Management Joint Powers Authority (Gateway Water Management Authority) relating to the purchase and installation of monitoring equipment and monitoring said Contract being in the form attached hereto and made a part hereof by reference as though the same were set forth in full herein. The Contract obligates the Gateway Water Management Authority to provide monitoring equipment and data relating to the Harbor Toxic Pollutant TMDL.
Section 2. That the Mayor shall sign and the Assistant City Clerk shall certify to the passage and adoption ofthis Resolution and thereupon the same shall take effect and be in forc,e.
APPROVED AND ADOPTED this 18th day of June 2018.
Don Kendrick, Mayor
ATTEST:
Lupe Gaeta Estrella, CMC, Assistant City Clerk
I hereby certify that the foregoing Resolution No. '18-34was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 18s day of June, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN:
Lupe Gaeta Estrella, CMC Assistant City Clerk
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05t14118
AGREEMENT BETWEEN THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER MANAGEMENT JOINT POWERS AUTHORITY AND THE CITY OF LA VERNE
FOR COST SHARING FOR THE INSTALLATION OF MONITORING EQUIPMENT AND MONITORING PURSUANT TO THE HARBOR TOXIC POLLUTANTS TMDL
This Agreement is made and entered into as of July 1, 2018, by and between the Los Angeles Gateway Region lntegrated Regional Water Management Joint Powers Authority ('GWMA'), a California Joint Powers Authority, and the City of La Verne, (the "Permittee"). The Permittee and the GWMA are collectively referred to as the "Parties';
RECITALS
WHEREAS, the mission of the GWMA includes the equitable protection and management of water resources within its area;
WHEREAS, for the purposes of this Agreement, the term "MS4 Permittees" shall mean those public agencies that are co-permittees to a National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit Order ("MS4 Permit') issued by the Los Angeles Regional Water Quality Conkol Board;
WHEREAS, the United States Environmental Protection Agency established the Total Maximum Daily Loads (TMDL") for Toxic Pollutants on March 23,2012, with the intent of protecting and improving water quality in the Dominguez Channel and the Greater Los Angeles and Long Beach Harbor Waters ('Harbor Toxic Pollutants TMDL");
WHEREAS, the Harbor Toxic Pollutants TMDL regulates certain discharges from National Pollutant Discharge Elimination System ("NPDES') permit holders, requiring organization and cooperation among the MS4 Permittees;
WHEREAS, the Permittee manages, drains or conveys storm water into at least a portion of the Los Angeles River including the estuary or Coyote Creek or the San Gabriel River including the estuary:
WHEREAS, various MS4 Permittees desire to facilitate the achievement of the objectives of the Harbor Toxic Pollutants TMDL by installing one monitoring station in the Los Angeles River at Wardlow Road, one monitoring station in the San Gabriel River near Spring Street, and one monitoring station in the Coyote Creek, also near Spring Street and conducting monitoring at said monitoring stations (collectively "Monitoring Stations") to ensure consistency with other regional monitoring programs and usability with other TMDL related studies;
WHEREAS, installation of the Monitoring Stations and future monitoring requires administrative coordination for the various MS4 Permittees that the GWMA can and is willing to provide; Page 1 of 11
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WHEREAS, the members of the GWMA are the Cities of Artesia, Avalon, Bell, Bell Gardens, Bellflower, Cerritos, Commerce, Cudahy, Downey, Hawaiian Gardens, Huntington Park, La Mirada, Lakewood, Long Beach, Lynwood, Maywood, Montebello, Nonvalk, Paramount, Pico Rivera, Santa Fe Springs, Signal Hill, South Gate, Vernon, Whittier, Water Replenishment District, Central Basin Municipal Water District and the Long Beach Water Department ("GWMA Members"),
WHEREAS, because of the financial savings and benefits resulting from this cost-sharing arrangement, other MS4 Permittees that are not GWMA Members may request to participate in the cost sharing of the Monitoring Costs for the installation of the Monitoring Stations and the costs of monitoring conducted at the Monitoring Stations (collectively'Monitoring Costs");
WHEREAS, the GWMA Board of Directors authorized the GWMA to enter into individual separate agreements with such individual MS4 Permittees (which shall not have voting rights in any group relating to the GWMA Members) for purposes of only cost sharing in the Monitoring Costs;
WHEREAS, because GWMA Members already pay annual membership fees that pay for GWMA administrative costs, GWMA Members that participate in the cost share for the Monitoring Costs shall pay a three percent (3%) administrative fee on each payment to cover various administrative costs;
WHEREAS, MS4 Permittees that are not GWMA Members that participate in the cost share for the Monitoring Costs shall pay an eight and seventy-six hundredths percent (8.76%) administrative fee on each payment to cover various administrative costs. Five percent (5%) of such amount represents the estimated direct, actual costs of the GWMA's administrative expenses and three and seventy-six hundredths percent (3.76Yo) represents the estimated indirect, overhead costs of the GWMA's administrative expenses;
WHEREAS, certain private NPDES permit holders that are subject to the Harbor Toxic Pollutants TMDL have also expressed interest in participating in the cost share for the Monitoring Costs and procuring the monitoring data generated pursuant to this Agreement in order to satisfy their own permit obligations;
WHEREAS, it is currently unknown how many MS4 Permittees and private NPDES permit holders will ultimately participate in the cost sharing of the Monitoring Costs;
WHEREAS, depending on how many MS4 Permittees and private NPDES permit holders ultimately participate in the cost sharing for the Monitoring Costs, each participating Permittee's annual cost share amount will be adjusted and the GWMA will notifo each participating Permittee of its adjusted annual cost share amount in writing;
WHEREAS, the Permiftee desires to share in the Monitoring Costs;
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WHEREAS, the Parties have determined that authorizing GWMA to hire consultants as necessary to install and maintain the Monitoring Stations and conduct the monitoring required by the Harbor Toxic Pollutants TMDL will be beneficial to the Parties;
WHEREAS, the Permittee agrees to pay: (a) its proportional share of the Monitoring Costs to be incurred by the GWMA in accordance with the Cost Sharing Formula reflected in Exhibit "A"; and (b) applicable administrative fees to cover administrative costs; and
WHEREAS, the role of the GWMA is to: (1) invoice and collect funds from the Permittee to cover its portion of the Monitoring Costs; and (2) hire and retain consultants to install Monitoring Stations and conduct monitoring at the Monitoring Stations.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties do hereby agree as follows:
Section 1. Recitals. The recitals set forth above are fully incorporated as part of this Agreement.
Section 2. Purpose. The purpose of this Agreement is for the Permittee to cost share in the Monitoring Costs.
Section 3. Coooeration. The Parties shall fully cooperate with one another to achieve the purposes of this Agreement.
Section 4. Voluntarv Nature. The Parties voluntarily enter into this Agreement. Section 5. Bindino Effect. This Agreement shall become binding on GWMA and the Permittee.
Section 6. Term. This Agreement shall commence on July 1, 20'18 and shall expire on June 30, 2023, unless terminated earlier pursuant to this Agreement.
Section 7. Role of the GWMA. (a) The GWMA shall invoice and collect funds from the Permittee to cover the Monitoring Costs; and (b) The GWMA shall administer the consultants' contracts for the Monitoring Costs. Provided the Permitee has paid all outstanding invoices to the GWMA to cover the Monitoring Costs and administrative costs, the GWMA will provide the Permittee with the monitoring data collected from the Monitoring Stations. (c) At the request of an MS4 Permittee that participates in the cost sharing for the Monitoring Costs, the GWMA is authorized and may negotiate, enter into agreements with, and collect funds from general and individual NPDES permit holders Page 3 of 'l'l
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05t't4t18 that are not MS4 Permittees for cost-sharing the Monitoring Costs
Section 8. Financial Terms. (a) lnitial Payment Amount. The Permittee shall pay no more than One Thousand Three Hundred Ninety-Six Dollars and Eighty-Eight Cents ($1,396.88) for the initial payment ("lnitial Payment Amount"), for the 2018-2019 fiscal year to the GWMA for managing the installation of the Monitoring Stations and the monitoring data collected at the Monitoring Stations for the 20'18-2019 fiscal year. This lnitial Payment Amount includes: (1) the Permittee's cost share amount ("Cost Share Amount') identified in Exhibit "A", attached hereto and incorporated herein; and (2) the Administrative Costs Payment Amount identified in subsection (c) of this Section 8. (b) Annual Payment Amount. For each subsequent fiscal year, commencing with the 20'19-2020 fiscal year, the Permittee shall pay no more than One Thousand Three Hundred Ninety-Six Dollars and Eighty-Eight Cents ($1,396.88) ("Annual Payment Amount') annually on a fiscal year (July 1"t to June 3oth) basis to the GWMA in exchange for the monitoring data collected from the Monitoring Stations. This Annual Payment Amount includes: (1) the Permittee's Cost Share Amount identified in Exhibit "A", attached hereto and incorporated herein; and (2) the Administrative Costs Payment Amount identified in subsection (c) of this Section 8.
(c) Administrative Costs. As part of the lnitial Payment Amount and the Annual Payment Amount, the Permittee shall also pay its proportional share of the GWMA's staff time for hiring the consultants and invoicing the Permittee, legal fees incurred by the GWMA in the performance of its duties under this Agreement, and audit expenses and other overhead costs ("Administrative Costs Payment Amount"). The Administrative Costs Payment Amount will be added to the Permittee's annual invoice to cover the Permittee's share of the administrative costs. i. GWMA Members. lf the Permittee is a GWMA Member, then the Administrative Costs Payment Amount shall be three percent (3%) of the Permittee's Cost Share Amount identified in Exhibit "A.' Beginning with the 2019-2020 fiscal year and for each fiscal year thereafter, the GWMA will evaluate this Administrative Costs Payment Amount to ensure it adequately recovers the GWMA's cost of performing its duties under this Agreement. Based on this review, the GWMA may increase or decrease the Administrative Costs Payment Amount for the next fiscal year. The GWMA will provide the Permittee thirty (30) days' written notice prior to July 1st of the fiscal year in which a new Administrative Costs Payment Amount will take effect. ii. Non-GWMA Members. lf the Permittee is not a GWMA Member, then the GWMA shall charge eight and seventy-six hundredths percent (8.76Vo) of the Permiftee's Cost Share Amount identified in Exhibit "A." Five percent (5olo) of such amount represents the estimated direct, actual costs of the GWMA's Administrative Costs and three and seventy-six hundredths percent (3.76%) represents the estimated indirect, overhead costs of the GWMA's Administrative Costs. Beginning
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osl'14t18 with the 2019-2020 fiscal year and for each fiscal year thereafter, the GWMA will evaluate this Administrative Costs Payment Amount to ensure it adequately recovers the GWMA'S cost of performing its duties under this Agreement. Based on this review, the GWMA may increase or decrease the Administrative Costs Payment Amount for the next fiscal year. The GWMA will provide the Permittee thirty (30) days' written notice prior to July 1st of the fiscal year in which a new Administrative Costs Payment Amount will take effect.
(d) The Permittee's lnitial Payment Amount shall cover the 2018-2019 fiscal year and is due upon execution of this Agreement, but in no event later than June 30, 2018. For each subsequent fiscal year, commencing with the 2019-2020 fiscal year, the GWMA shall submit annual invoices to the Permittee for the Annual Payment Amount and no later than the April '1st prior to the new fiscal year.
(e) Adjustment of Cost Share Based on Number of Participants. The lnitial Payment Amount, the Annual Payment Amount, and the Administrative Costs Payment Amount identified in this Section 8 ('Financial Terms') represent the maximum dollar amounts that the Permittee is required to submit to the GWMA, but may be reduced based on the final number of MS4 Permittees that participate in the cost sharing for the Monitoring Costs.
(0 Reserve Credits. lf the Permittee's actual cost share amount plus administrative costs are less than the lnitial Payment Amount or the Annual Payment Amount, plus the Administrative Costs Payment Amount, paid by the Permittee in a particular year, then the GWMA will notify the Permittee in writing on the next available invoice and will presume that the Permittee desires any excess balance be credited toward the Permittee's Annual Payment Amount and/or Administrative Costs Payment Amount in subsequent years, less a reasonable contingency as determined by the GWMA not to exceed $10,000. Such a credit will be applied to the lnitial Payment Amount if an excess balance exists for funds paid by Permittee under a prior cost share agreement between the Parties. ln lieu of a credit, the Permiftee may elect to retain any excess balance as reserves for future Annual Payments Amounts and/or Administrative Costs Payment amounts, and pay the full invoiced amount to the GWMA. Notwithstanding the forgoing, the Administrative Costs Payment Amount charged to non-GWMA Members for indirect, overhead costs in the amount of three and seventy- six hundredths percent (3.76%) of the Permittee's Cost Share Amount will be retained by GWMA and is not subject to a credit.
(g) Upon receiving an invoice from the GWMA, the Permittee shall pay the invoiced amount to the GWMA within thirty (30) days of the invoice's date. (h) The Permittee shall be delinquent if its invoiced payment is not received by the GWMA within forty-five (45) days after the invoice's date. lf the Permiftee is delinquent, the GWMA will: 1) verbally contact the representative of the Permittee; and 2) submit a formal letter from the GWMA Executive Officer to the Permittee at the address listed in Section 12 of this Agreement. lf payment is not received within sixty (60) days of the original invoice date, the GWMA may terminate Page 5 of 1'l
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05t't4118 this Agreement. However, no such termination may be ordered unless the GWMA first provides the Permittee with thirty (30) days written notice of its intent to terminate the Agreement. The terminated Permittee shall remain obligated to GWMA for its delinquent payments and any other obligations incurred prior to the date of termination. lf the GWMA terminates this Agreement because the Permittee is delinquent in its payment, the Permittee shall no longer be entitled to the monitoring data collected from the Monitoring Stations.
(i) Any delinquent payments by the Permittee shall accrue compound interest at the average rate of interest paid by the Local Agency lnvestment Fund during the time that the payment is delinquent.
Section 9.
(a) The GWMA is, and shall at all times remain, a wholly independent contractor for performance of the obligations described in this Agreement. The GWMA's officers, officials, employees and agents shall at all times during the term of this Agreement be under the exclusive control of the GWMA. The Permittee cannot control the conduct of the GWMA or any of its officers, officials, employees or agents. The GWMA and its officers, officials, employees, and agents shall not be deemed to be employees of the Permittee.
(b) The GWMA is solely responsible for the payment of salaries, wages, other compensation, employment taxes, workers' compensation, or similar taxes for its employees and consultants performing services hereunder.
Section 10. Indemnification and lnsurance.
(a) The Permittee shall defend, indemnify and hold harmless the GWMA and its officers, employees, and other representatives and agents from and against any and all liabilities, actions, suits proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorney's fees, for injury to or death of person(s), for damage to property (including property owned by the GWMA) for negligent or intentional acts, errors and omissions commifted by the Permittee or its officers, employees, and agents, arising out of or related to that Permittee's performance under this Agreement, except for such loss as may be caused by GWMA's negligence or that of its officers, employees, or other representatives and agents, excluding the consultant.
(b) GWMA makes no guarantee or warranty that any monitoring data prepared by the consultants shall be approved by the relevant governmental authorities. GWMA shall have no liability to the Permittee for the negligent or intentional acts or omissions of GWMA's consultants.
Section 1 '1. Termination.
(a) The Permittee may terminate this Agreement for any reason, or no reason, by giving the GWMA prior wriften notice thereof, but the Permittee shall remain Page 6 of 11
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05114t18 responsible for its entire Annual Payment Amount through the end of the current fiscal year during which Permittee terminates the Agreement and shall not be entitled any refund of any portion of said Annual Payment Amount. Moreover, unless the Permittee provides written notice of termination to the GWMA by February 1Sth immediately prior to the new flscal year, the Permittee shall also be responsible for its Annual Payment Amount through the end of the new fiscal year (e.9., lf the Permiftee terminates on March 'lst, 2019, the Permittee is responsible for the Annual Payment Amounts for both FY 2018-2019 and FY 2019-2020. lf the Permiftee terminates on February 10, 2019, the Permittee is responsible for its Annual Payment Amount only for FY 2018-20'19, not for FY 2019-2020). lf the Permittee terminates the Agreement, the Permittee shall remain liable for any loss, debt, or liability otherwise incurred through the end of the new fiscal year.
(b) The GWMA may, with a vote of the GWMA Board, terminate this Agreement upon not less than thirty (30) days written notice to the Permittee. Any remaining funds not due and payable or otheMise legally committed to Consultant shall be returned to the Permittee.
Section 12. Miscellaneous.
(a) Other NPDES Permit Holders. lndividual or general NPDES permit holders who are not MS4 Permittees that receive Harbor Toxic Pollutants TMDL monitoring requirements in their NPDES permits may wish to participate in this cost share for the Monitoring Costs in order to receive the monitoring data collected from the Monitoring Stations. Upon receipt of a written request from an NPDES permit holder to participate in this cost share, the GWMA will either reject or accept the NPDES permit holder's participation in the cost share arrangement. lf accepted, the NPDES permit holder will enter into a separate cost share agreement with the GWMA that will require the NPDES permit holder to pay annually twelve thousand three hundred dollars ($12,300) ('Private Monitoring Fee") for the Monitoring Costs. Failure to pay the Private Monitoring Fee by the date set forth in the cost share agreement will result in termination of the NPDES permit holdefs participant status. An NPDES permit holder accepted as a participant will only be entitled to receive the monitoring data collected from the Monitoring Stations for any fiscal year in which the participant has paid its Private Monitoring Fee. The Private Monitoring Fee will be applied as a credit toward the Permiftee's Annual Payment Amount in proportion to the Permittee's Cost Share Amount identified in Exhibit 'A."
(b) Notices. All Notices which the Parties require or desire to give hereunder shall be in writing and shall be deemed given when delivered personally or three (3) days after mailing by registered or certified mail (return receipt requested) to the following address or as such other addresses as the Parties may from time to time designate by written notice in the aforesaid manner:
Page 7 of 11
1 2664/0001 n 81 6452-2
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05t14t18
To GWMA:
Ms. Grace Kast Executive Officer 16401 Paramount Boulevard Paramount, CA 90723
To the Permittee:
City of La Verne 3660 D Street La Verne, CA 91750 Attn: Lisa O'Brien lobrien@cityofl averne. org
(c) Amendment. The terms and provisions of this Agreement may not be amended, modified or waived, except by a written instrument signed by all Parties.
(d) Waiver. Waiver by either the GWMA or the Permittee of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver, by the GWMA or the Permittee, to any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach of any provision of this Agreement.
(e) Law to : Venue. This Agreement shall be interpreted, construed, and governed according to the laws of the State of California. ln the event of litigation between the Parties, venue shall lie exclusively in the County of Los Angeles.
(0 No Presumption in Draftino. The Parties to this Agreement agree that the general rule than an agreement is to be interpreted against the Party drafting it, or causing it to be prepared, shall not apply.
(S) Severabilitv. lf any term, provision, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and this Agreement shall be read and construed without the invalid, void, or unenforceable provisions(s).
(h) Entire Aqreement. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, with respect thereto.
(i) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute but one and the same instrument, provided, however, that such counterparts shall have been delivered to all Parties to this Agreement.
Page 8 of 11
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05114t18
U) - All Parties have been represented by counsel in the preparation and negotiation of this Agreement. Accordingly, this Agreement shall be construed according to its fair language.
(k) Authoritv to Execute this Aoreement. The person or persons executing this Agreement on behalf of Permittee warrants and represents that he or she has the authori$ to execute this Agreement on behalf of the Permittee and has the authority to bind Permittee.
Page 9 of 1l
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lN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on their behalf, respectively, as follows:
DATE: LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER MANAGEMENT JOINT POWERS AUTHORITY
Signature of GWMA Chair
Print Name
DATE: PERMITTEE CITY OF LA VERNE
Signature
Print Name
Print Title
Page 10 of 11
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EXHIBIT "A"
COST SHARE MATRIX ATTACHED
Page 11 of 11
1 2661 I 0001 1',1 81 6452-2
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EXHIBIT A - COST SHARE MATRIX
Alhambra 801.52 801.52
Azusa No SGR S 1.464.61 S 1.464.61 s S 1.454.61 Baldwin Park No SGR S t.244.69 S t.244.69 s S L.244.69 Bell Yes LAR s 619.29 S 619.29 s s 619.29 Bellflower Yes SGR s 820.49 s 820.49 s s 820.49 Bell Gardens Yes LAR s 613.67 s 513.67 s s 613.57
Burbank No LAR s 1,1s4.33 s 1,1s4.33 I s S 1.1s4.33 Cala basas No LAR s 751.65 751.65
Claremont No SGR s 1,827.34 s 1.827.34 I s lS L,827.34 Commerce Yes LAR S 762.38 s 752.38 I s I S 762.38 Covina No SGR s 1.264.55 S 1.264.5s I S I S r,264.ss Cudahv Yes LAR s s68.73 s s68.73 I s I S s68.73
Glendale No LAR ls L,636.77 ls t,636.77 s s L.636.77 Glendora No sGR ls 1,920.91 Is L,920.9L S 1.920.91 Hawaiian Gardens Yes SGR-CCls 2,031.79 ls 2,O3r.79 s s 2.031.79 Hidden Hills No LAR ls s78.681s s78.68 s S sza.og
94 Monday, June 18, 2018, City Council Meeting Page No. 88
Huntinston Park Yes LAR S 633.72 S 633.72 s I S 633.72 lndustry No SGR S 1.695.14 s 1.695.14 s I S 1.69s.14
La Canada 838.44 838.44
La Mirada Yes SGR-CC I s 4,074.83 | s 4,074.83 | s s 4.074.83 La Puente No SGR 955.27 955.27 S sss.zz La Verne No sGR ls 1.396.88 ls 1.396.88 ls
Los Angeles No LAR s 10.822.08 S 10.822.08 s I S 10.822.08 Lynwood Yes LAR s 7fft.07 s 700.07 s I S 700.07 Mavwood Yes LAR s 566.92 s 556.92 s I S s66.92
Montebello Yes LAR S 828.33 s 828.33 s S 828.33 Park No TAR s 80s.38 S 80s.38 s S 80s.38
ffisffi*: Paramount Yes LAR 537.52 s s 63?s' Pasadena No LAR 1,365.08 ; 1,36s.08 s 1.36s.08
Pomona No SGR i 2,654.52 s 2.6s4.s2 I s 5 2,6s4.s2 Rosemead No LAR 5 7t2.t7 S 7L2.L7 15 s 7L2.t7
San Dimas No SGR s 1.996.80 s 1.996.80 I s S 1,996.80 | San Fernando No LAR s 610.32 s 610.32 I s S 610.32 San Gabriel No LAR s 674.33 s 674.33 I s s 674.33
95 Monday, June 18, 2018, City Council Meeting Page No. 89
San Marino LAR 660.99 660.99 560.99
Sierra Madre No tAR S 52s.88 5 ozs.as s s 62s.88 J i s-n aIHiILmi n u s e st u a rvf l Yes I.AR 5 529.99t5 s29.99tS t5 529.99
South Gate Yes LAR s 79L.29 79L.29 s 79L.29 South Pasadena No LAR s 648.26 S 648.25 S S 648.26 Temple City No LAR $ 670.47 5 670.47 s 5 azo.ct
Vernon Yes LAR s 71.L.43 s 711.43 $ S zrr.+g Walnut No SGR s 1,438.09 S 1,438.09 s s 1,438.09 West Covina No SGR s 2,060.86 s 2,060.86 s s 2,060.86
LACFCD (S%) of Subtotal: No IAR s 2.206.68:l S 2.206:68 s S 2,20G68 LACFCD (5%) of Subtotal: No SGR $ '2,206.68' S 2.206:68 s s 2,206.68 S 6,520.03 LACFCD (5%) of Subtotal: No sGR - CC S 2,206.68 s 2.206.68 s S 2,206.68
@Lr&l/jn..-r'--#
Calculations based on an estimated monitoring cost of S44,133.55 per monitoring station.
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97 Monday, June 18, 2018, City Council Meeting Page No. 91
3 o o CITY OF LA VERNE Administration
June'18,2018
Honorable Mayor and City Council
FROM: Lupe Gaeta Estrella, Assistant City Clerk
SUBJECT: Annual City Agreements for Fiscal Year 2018-19
Each year, the City Council considers all agreements presented to City Council that are either renewals or extensions of agreements previously approved by City Council except for Cico Electrical Contractors, Morrow-Meadows, and Tesco Controls, which are new agreements. Cico Electrical Contractors is an agreement for electrical maintenance service; Morrow-Meadows is an agreement that maintains pump motors and similar equipment; and Tesco Controls is an agreement for Supervisory Control and Data Acquisition (SCADA) consulting and maintenance services. All service agreements will be approved with one motion unless separate discussion is requested by Council.
Staff recommends that the City Council approve the annual City Agreements by adopting Resolution No. 18-35, which authorizes the Mayor and Assistant City Clerk to execute the annual agreements as listed in the resolution.
The following annual Fiscal Year agreements are attached for City Council consideration and approval. A summary of the agreements is attached to this report. The summary includes purpose of the agreement and changes proposed. While most reflect minimal changes, the agreement for traffic signal maintenance has significant increase even after Staff negotiated a revision from their initial proposal. However, even with the increase, the new rates are still in line with other vendors in the industry.
98 Monday, June 18, 2018, City Council Meeting Page No. 92
SUMMARY OF CONTRACTS FiscalYear 2 n 18-2019
Company name Services 1 Am Tec Total Security Police oept CCTv/Cameras No ChanSe Specialized electrician for water 2 Cico Electric utility New contract 3 Civiltec Engineering Utility engineering services No Change D and H Maintenance 4 Services Faculty maintenance 3.8% increase 20%-30% incrase in labor rates 5 Econolite Traffic signal maintenance 20%-30% decrease in equipment rates 6 Friends of the Fourth lndependence Day events S2,500 decrease 7 General Pump Company Pump and well maintenance Various but minimal impact Marnrarn ano rmprove mapprng interfaces and search engines for the city's CAD/RMS System GIS Consulting Services-James at the Police and Fire 8 Knox 0epartments. No Change
9 lnter-Con Security Parkint enforcement services 3% increase 10. Kidman Law, LLP Water law counsel services No Change
11. Layne Christensen Company Pump and well maintenance Various but minimal impact 72 Leighton ConsultinB Geological services Various but minimal impact 13. Liebert Cassidy Whitmore Special legalservices 5% increase Employment relations 14. Liebert Cassidy Whitmore consortium services No Change 15. McLay Services Plumbing and HVAC services No Change Utility system controls for 76 Morrow Meadows SCADA system-Field work New contract
77. R(A Consulting Group City building and safety services No Change 18 RKA Consulting Group City engineering services Various to reimbursable charges only Utility control integration for 19 Tesco Control SCADA System New contract Provides services to repair and maintain pumps, wells motors 20 Tri County Pump Company and controls. No Change Third party billing agency for 2L Turbo Data Police Dept No Change Wallin, Kress, Reisman & 22 Kranitz, LLP Legal services No Change
X:\Debra & Karla\Contracts\2018 contracts list with changes noted 99 Monday, June 18, 2018, City Council Meeting Page No. 93
RESOLUTION NO. t8-35
A RESOLUT]ON OF THE CITY COUNCIL OF THE C]TY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING ANNUAL CITY AGREEMENTS FOR FISCAL YEAR 2018-19
BE 1T RESOLVED by the City Council of the City of La Verne as follows:
Section l. That the Mayor and Assistant City Clerk of the City of La Verne are hereby authorized to execute Annual Agreements for Fiscal Year 2018-19 as follows with the Agreements attached hereto and made a part hereof by reference as though the same were set forth in full herein.
'1. Am Tec Total Securitv for police department CCTV/camera system.
2. Cico Electrical Contractors for electrical maintenance services.
3. Civiltec Enqineerino for utility engineering services
4. D and H Maintenance Services for facility maintenance.
5. Econolite for traffic signal maintenance.
6. Friends of the Fourth of Julv for lndependence Day events. 7. General Pumo Companv for pump and well maintenance.
8. GIS Consuttinq Services (James Knox) to maintain and improve mapping interfaces and search engines for the City's CAD/RMS System in the Fire Department and Police Department.
L lnter-Con Seculitv for parking enforcement services.
10. Kidman Law. LLP for water law counsel services.
11. Lavne Christensen Companv for pump and well maintenance.
12. Leiohton Consultino for geological services.
13. for employment relations consortium services.
14. for special legal services.
15. McLav Services for plumbing and HVAC services.
'16. Morrow-Meadows for maintenance of pump motors and similar equipment.
17. for City building and safety services
18. for City engineering services.
100 Monday, June 18, 2018, City Council Meeting Page No. 94
19. Tesco Controls for SCADA consulting services.
20. Tri Countv Pump Companv provide services to repair and maintain pumps, wells, motors and controls.
21. Tu for processing of administration citations.
22. Wallin. Kress. Reisman. & Kranits LLP for legal services.
Section 2. The Mayor shall sign and the Assistant City Clerk shall certify to the passage and adoption of this Resolution and thereupon the same shall take effect and be in force
PASSED, APPROVED AND ADOPTED this 18th day of June, 2018.
Mayor Don Kendrick ATTEST:
Lupe Gaeta Estrella, Assistant City Clerk
I hereby certify that the foregoing Resolution No. 18-35, was adopted by the City Council of the City of La Verne on the 18th day of June, 2018, by the following vote:
AYES: NOES: ABSENT: ABSTAIN:
Lupe Gaeta Estrella, Assistant City Clerk
Resolution No. 18-35 2
101 Monday, June 18, 2018, City Council Meeting Page No. 95
EXTENSION OF AGREEMENT
THIS EXTENSION OF AGREEMENT, made and entered into by and between the City of La Verne, a municipal corporation and AM TEC TOTAL SECURITY, lNC., a California corporation, with a principal office at 4070 Schaefer Ave., Chino, California 91710, hereinafter referred to as AM TEC.
The parties hereto agree that the Agreement between the parties, is a true and correct copy that is attached hereto, marked "Exhibit "A" and incorporated herein by this reference, is hereby extended, commencing July 1, 2018, for one year through June 30, 2019. Except for the extension of time for the contract term, all other contract terms shall remain as stated in "Exhibit "A".
Dated: June4,2018 CITY OF LA VERNE
Mayor Don Kendrick
ATTEST: AM TEC SECURITY INC
Lupe Gaeta Estrella, CMC Jeff Torok Assistant City Clerk
Resolution No. 18-
102 Monday, June 18, 2018, City Council Meeting Page No. 96
SERVICES TO BE PROVIDED Perform periodic design, installation, inspection and maintenance of the CCTV System.
This maintenance agreement is to cover the seventeen (17) city-wide extemal pole mounted cameras, ten (10) wall mounted cameras at PD building and the fourteen (14) int€rnal cameras at PD building. the service and maintenance contract includes all wireless, hard- wired connections, fiber and backbone as well as all workstations and monitors used to monitor cameras.
Maintenance shall include a schedule of senice every 90 days and on an as-needed basis to include but not limited to:
l) the cleaning, adjusting and the focusing of cameras, camera housings and lenses in accordance with manufacturer's recommended preventative maintenance and servlce 2) the cleaning and inspecting of monitors, matrix controllers, NV& vMS, servers and wireless radios, broadband video equipmen! transmission equipment and rack mounted equipment to maintain operability (notifi/documentVreport) in accordance with manufacturer's recommended preventive maintenance and service
3) the providing of functions according to administrative system rights, and on-call repair including but not limited to:
a) Replacing defective connections, cameras or equipment as necessary. b) Relocating equipment as directed. c) a trouble ticket tracking system in which each trouble report is logged with the originator's name, date and time'reported, nature of problem, action taken and date and time the report was cleared. d) Providing cost proposal recommendation for any defective or parts requiring replacement.
2 SYSTEM MAINIENANCE SERVICES PROPOSAL AM-TEC TOTAT SECURITY, INC 103 Monday, June 18, 2018, City Council Meeting Page No. 97
Emergency Service Calls - Calls thatwarrant immediate repalr, as by a city of La verne representative or his/her designee, shall be acknowledge by phone or email wiftin 30 minutes and, will require that a qualified service representative arrive on site within four hours from the time the call is acknowledged by the service representative via telephone. uryent calls - urgent calls, as determined by a city of La Verne representative or hivher designee, shall be acknowledge by phone or email within 30 minutes and, at tlre discretion ofthe city of La veme representative or his/her designee, resporuie may be defened to the start of the following business day.
Routine calls - Routine calls, as detemrined by a city of La veme representative or his/her designee, shall be acknowledged by phone or email within one hour and, at the discretion of the city of La verne representative or his/her designee, resporute may be deferred longer than one business day.
Replacement of defective connections, cameras or equipmentto be made within 48 hours of notification or as otherwise practicable.
Notification and Response Times: Unless otherwise directed by the customer's designated project manager, AM-TEC will respond as follows: a. standard service calls for cameras not located in city's intersections and parks will be repaired within 24 hours of receipt of an authorized request. b. Priority Service calls will be for city wide cameras, including those in City's intersections and parks, and will be repaired within 12 hours of receip of an authorized repair request. c. Task order Proposal will be submitted within 48 hours of request for Task order d. AM-TEC to complete work described in the Task Order within 48 hours of recelpt ofan approved Task Order Proposal. Emergency Service Call is for a situation deemed an "emergency''by the "Customer will be responded to immediately by AM-TEC.
3 SYSTEM MAINTENANCE SERVICES PROPOSAT AM.TEC TOTAL SECURITY, INC 104 Monday, June 18, 2018, City Council Meeting Page No. 98
f. AM-TEC will provide the Customer with a}4-how contact number for the company's contact person and an acceptable means of emergency ..on-call,, communications in addition to AM-TEC's regular voice, fax and e-mail capacities. g. AM-TEC will notiff Customer of any time that company has workers on Customer's property. h. AI\{-TEC will notiff the Customer's designated project man4ger of Task Order completion within 24 hours.
,:'i*&
4 SYSTEM MAINTENANCE SERVICES PROPOSAL AM-TEC TOTAL SECURITY, INC 105 Monday, June 18, 2018, City Council Meeting Page No. 99
QUALITY ASSURANCE safety: All activities performed by AM-TEC and its employees will be done in a safe manner in compliance with all OSHA, county and other agency safety
a. AM-TEC to provide competent and sufficient supervision of all Company employees thus resulting in the execution of first-class work. b. AM-TEC will use qualified skilled workers trained in keeping work sites safe and clear of any waste materials, trash or rubbish. c. AM-TEC shall confine the storage of materials and operation ofvehicles as prescribed by govemment law, local ordinances, required permits and as directed bythe Customer. d. AM-TEC shall preserve and protect from damage all existing monuments, utilities, structures and hardscape. AM-TEC will be responsible for any damages caused by its operations.
Labor and Materials: a. AM-TEC shall provide all labor, materials, and tools required for the maintenance, repair, and/or replacement of all ccrv equipment as necessary. b. AM-TEC will store the necessaxy equipment and parts at a designated off-site warehouse. c. AM-TEC shall make all replacement material available to the customer upon the Customer's request. The materials shall be new, commercial grade, free of defecg suitable for the specific purpose intended, and subject to tre customer's review and approval. Materials being replaced shall be replaced with the same mike and model or, when necessary, with a Customer approved equal d. AM-TEC to provide and pay for all labor, materials, tools, utilities not provided by the customer, transportation and other facilities and services needed for the proper execution and completion of the work unless otherwise specifically noted.
5 SYSTEM MAINTENANCE SERVICES PROPOSAT AM.TECTOTAL SECURIW, INC 106 Monday, June 18, 2018, City Council Meeting Page No. 100
e. AM-'IEC to replace, at Company's expense, any non-confonning material or equipment that the Company provides. f. If AI\{-TEC fails to comply promptly with any order from the Customer's designated project manager to replace or repair damaged or defective material, equipment or worlg the Customer's designated project manager shall, upon written notice to the company, have the authority to deduct the cost of such replacement or repair from any compensation due or to become due the company. g. Certain small items, materials, ffid consumables are included as overhead in the labor costs quoted for a project. h. All of AIvI-TEC guarantees and warmnties obtainable by the company shall be extended to the Customer to the full extent of their terms.
Workmanship: AI\4-1EC will take all necessary measures to assure that all work is completed in workmanlike manner.
6 SYSTEM MAINTENANCE SERVICES PROPOSAL AM.TEC TOTAL SECURITY, INC 107 Monday, June 18, 2018, City Council Meeting Page No. 101
COST PROPOSAL
Direct Costs and Material Marlcup: Contractor will limit markup for the term of this agreement so asi not to exceed fifteen percent (15%)and receipts will be provided to the Customer with the invoice for payment
1. Monthly $500.00 / Quarterly Fee $1_500.00
2. Hourly Rates: Normal Work Day $95.00 per hour Weekend/Nights $142.50 per hour Holidays $190.00 per hour * All hotrly rates are based upon 2 hour minimum.
3. Confact Terms: July l, 2018 - June 30,2019
Date Jeffrey Torok
Date Mayor Don Kendrick
7 SYSTEM MAINTENANCE SERVICES PROPOSAL AM-TEC TOTAL SECURIry, INC 108 Monday, June 18, 2018, City Council Meeting Page No. 102
THIS AGREE ENT is made and entered into this lst day of Julv , 20'18, by and between the City of La Veme, a municipal corporation, hereinafler refened to as'City,' and Cico Electrical Contrac'tors, lnc. hereinafter refen€d to as "Conlractor."
(A) City wishes to estrablish a confac{ual relationship with Contrac-tor to provide services and materials on an on-call basis when needed by City; and
(B) City has not determin€d the e)€ct natJre, sa)pe, or budget for these servioes and materials at this time; and
(C) The City has qualified Contractor for prcviding these services and materials as to insurance and oth6r provisions as specmed in this Agreomont; and
(D) Contractor represenb that it is a qualified and competent supplier of th3 services and items to b6 purchas€d under this Agr€ement.
IT IS AGREED AS FOLLOWS:
1. Scooe of Services. The Contractor shall provide the following seruices:
A. Maintain or repair pump motors, controls and similar equipment. Confactor shall employ, at a minimum, generally accopted standards and prac{ices utiliz€d by persons engaged in providing similar servicos as aro required of Contrac{or herein und6r in meeting its obligations under this Agreement.
2. Ooerative Date. The services of the Contractor shall be available upon the execution of this Agroement from July 1, 2018 thrcugh June 30, 2019.
3. Reouest for Sorvices. City will request services puEuant to this Agr€ement and the Conlractor and ths City shall execute a purchase order specifying the naturs and cost of the services to be provided for that specific request. Contractor shall acknowledge receipt and acceptanoa of ths rcquested matorials and/or s€rvices by signing a copy of the purchase order and retuming it to the City within ten (10) days unless direc-ted to reply sooner.
4. Nonexclusivitv. Nothing contained in this Agreement shall be construed or interpreted as giving th6 Contractor any exclusive right or pdority to provide any or all of the services described in this Agreement, and tho City shall remain ftee to use its own forces or any other person lo provide some or all of those services as the City may in ib sole discretion determine best meets the City's needs and interests.
5. Comoliance with Laws. The Confactor shall comply with all applicable laws, codes, ordinanc:s, and regulations of goveming federal, state and local laws. Contractor represents and warrants to City that it has all licensgs, permits, qualifications and approvals of whatsoever nature, which are legally requir€d for Confaclor to prac{ice ib profession. Contractor represenb and wananE to City that Contrac-tor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which ar6 logally required for Contractor to perform the services requested under this
109 Monday, June 18, 2018, City Council Meeting Page No. 103
lf providing services in the City, Contrac'tor shall maintain a City business liconse pursuant to the City Municipal Code.
6. Sole Responsibilitv. Contrac-tor shall be responsible for employing or engaging all percons neoessary to perform the services under this Agreement.
7 . Accountinq. The Confactor shall prssent to the City, at the clos€ of each calendar month, an itemized inroice which describes all seruices perbrmed during said month, classified in such a manner as specified by the City. The City shall pay the Contrac'tor within thirty (30) calendar days of sucfi invoice. Records of the Contracior's direc{ personnel, conhactor and reimbuBable expenses pertaining to the work and r€cords of accounts between the City and the ContEctor, shall be kept on a genorally recognized standard accounting b6sis and shall b6 aveilable to the City or its authorized ropresentative at mutually convenient times. The City may withhold payments for individual items if disputed. The City and Contrac,tor shall make their best efiorG to resolve disputed items.
8. Cost of Services and Materials. Pricing for thos6 servicos shall be sp€cifi€d in the purcfiase order and attachmenb to the pu(fiase order for the specific aervicas and materials r€quested by the Ci$. ln no event shall a single purchase und€r this Agreement exceod a total of One Hundred Twenty Five Thousand ($125,000.00) during the efrec'tive period of this agEemenl.
9. . All documents fumished to Contraclor by the City and all reports and supportive data prepared by the Contraclor undgr this Aoreement are the Citys property and shall be dslivered to the City upon the completion of Contrac-tor's services or at the City's written request. All reports, information, data, and exhibib prcpared or assembled by Contractor in connec{ion with the porfurmance of its services pursuant to this Agreement ars confidential until released by the City to the public, and the Contractor shall mt mak6 any of the doc ments or inbmation availablo to any individual or organization not employed by the Contractor or the City without the written coment of the City before such release.
10. Availabilitv of Records. Contactor shall maintain th6 records supporting this billing for not less than thrGe (3) y6ars bllorring completion of tho urork under this Agresment. Contraclor shall make these re@ds available to authorized personnel of the City at the Contrac{or's offces during business hours upon writbn request of the City.
11. Proiecl Manaoers. The designated Project Manager is Anthony Ciotti, Manager, who shall represent ths City on all mattg6 hereunder. He shall have the right of general supervision of all the wo* podomed by th6 Contractor and shall b6 the City's agent with respec't to the review, critique and approval of the services of the Contractor. He shall anange for the orderly administration of the scope of services by the Contractor, including provisions for work authorizations and coordination of performance. The Maintenance Manager shall have the right to delegate supervision of certain projects and areas of the Agreement.
12. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to:
To City: Daniel W. Keesey, Director of Public Works City of La Veme 3660 D Stroet La VemE, CA 91750
110 Monday, June 18, 2018, City Council Meeting Page No. 104
To Contractor: Cico Elecfical Contac{ors, lnc. 1506 C,olumbia Ave. Suite #11 Riverside, CA925O7 or personally delivercd to Conhactor b such address or such other address as Contrac{or designates in writing to City.
13. lndepend€nt Contracior. lt is understood that the Conkactor, in the performance of fie wo]k and services agre€d to be perfomed, shall act as and be an independent contractor and not an agent or of the City. As an independent cor rac{or, neiher Contractor nor any of its orllicerc or shall obtain any rights to retirement benefits or other bonelits, which accrue, to City employee(s). Wih prior written cons6nt, the Contractor may perform some obligations under this Agreoment by subcontracting, but may not delegate ultimate responsibility for performance or assign or trans{er interesb under lhis Agreement.
The confactor wanants lhat it shall pay and withhold all payoll taxes and similar payments as required by law. lncluding state and federal incorne tax, stato disability insurance promiums, social securily taxes and unemployment shall maintain rcrkers' compensation insuranc€ as required by law.
14. Nondiscrimination. Contractor wanants that it is an equal opportunity employer and shall comply with applicable regulations goveming equal employmenl opportunity. Contractor does not and shall not discriminate against persons employed or seeking employment with them on the basb of age, sex, color, race, marital stafus, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to tho Califomia Fair Employment E Housing Ac{. ln performing services under this Agreement, Confactor shall not discriminate against any applicant or designer on th6 basis of age, sex, oolor, race, marital stafus, sexual oriontation, ancestry, physical or mental disability, national origin, rBligion, or medical condition.
15.
A. Contrac{or warantB that it fully complies with all laws rogarding 6mployment of aliens and otherB, and that all its employees performing services hereunder meet the citizonship or alion stratus r€quiroments contained in Heral and state statutes and regulations, including, but not limited to, the lmmigration Reform and Contriol Ac,t of 1986 (P. 1.99d)3).
B. Confac{or shall obtain from all oovered employees performing services hereunder, all verilication and other doc mentation of omploymont eligibility status required by federal statues and regulations as they cunontly exist and as they may be hereafter amonded.
C. Contractor shall retain such documentation for all covered employees for the period prescribed by law.
D. Contrac,tor shall indemnify, defend, aM hold hamless, the City, its ofticers and employees from employer sanctions and any other liability which may be assessed against Clry in connection with an alleged violation of federal or state statutes or
111 Monday, June 18, 2018, City Council Meeting Page No. 105
regulatiorc pertaining to the eligibility for employment of person performing services under this agreement.
16. Backoround Ched<. The City, at its discretion, reserves the right to complete a background cfieck for any employee prior to working in any city facility. Costs associated with the background c-heck will be paid by the City.
17. Citv Kev Policies and Procedures. Keys will be issued to the Contractor and designated employees upon written approval from Department Head and Direc,tor ot Public Works. A deposit of $100.00 is required for the first key and $50.00 for each key thereafrer. Deposit is refundable upon refum of the key. Lost or stolen keys require a replacement fee as established by the Director of Public Wo*s. lndividuals issued keys should be aware of security issues involved with the loss of city keys and should exercise responsible measures to keep keys sec re. Access to city property is nomally afier city business hours with the exception of the Public Safety Facility and the Yard. Usual and customary business prac'tices should be used to det€rmine the hours that maintenance will be performed.
'18. lnsurance. Contractor shall procure and maintain for tho duration of the Agreement insurance againsl claims for injuries to persons or damages to property which may arise fom or in connection with the performance of the vuork her€undsr by the Conhac{or, Contrac-tor's ag€nts, representativos, €mployees or subcontracbrs. The cost of such insurance shall be included in the Contrac,to/s pricing.
A.
t. lnsuranco S6rvic6s Ofrie Commercial General Liability coverage (form GC 0001), or ib exact equivalent with an edition date prior to 2004.
ii. lnsuranca Services Offica brm number CA 0001 or aquival€nt cov€ring Automobil6 Liability, code 'l per accident and endorsement CA fi)25.
iii. Workers Compensation insurance as required by the Labor Code of the State of Califomia and Employers Liability insurance.
B. Minimum Limits of lnsurance
Contrac{or shall maintain limits no less than:
i. General Liability: $5,ffi0,0fl) combined single limit per occurence for bodily injury, personal inlury and pmperty damage. lf Commercial General Liability lnsurance or other fom with a goneral aggregate limil is used, lhe general aggregate limit shall be $10,000,000.
. Automobile Liability: $1,000,(xD combined single limit per accident for bodily injury and property damage.
fr Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of thg State of Califomia and Employers Liability limits of $1,000,000 per accident or disease.
112 Monday, June 18, 2018, City Council Meeting Page No. 106
c.
t. Any deduclibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reducs or eliminate such deductibles or self-insured retentions as r€6pects the City, its ofiicers, ofricials, employees and volunteeF; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, an defense expenses.
D.
The policies ar6 to contain, or be endorsed to contrain the following provisions:
i. The City of La Veme, its ofiicers, ofiicials, employees, ag€nts and voluntoers aro to be covered as insured as respec{s: liability arising out of activities performed by or on behalf of the Contractor, producb and completed op6rations of the Contrac{or, premises o,yned, occupied or used by the Contraclor, or automobiles owned, leased, hired or borrory€d by the Confactor. The mverage shall contain no special limitations on the scope of protection afiordod to the City of La Veme, its officers, officials, employees, or volunteers, and shall be provided on lnsuranca Services Ofrice Form CG 20 10 with an edition date prior to 2004, or is sxac{ eguivalent. Additional insured stratus for completed operations shall be provided either in the additional insured form or hrough another endorsement sucfi as CG 20 37 with an €dition date prior to 2(xX.
ii. The Contmc{or's insurance coverago shall b€ primary insurance as respects the City of La Veme, ib ofiicers, offcials, employees, agenb and voluntoers. Any insuranco or self-insurance maintained by the City of La Veme, ib ofiicels, offcials, employees, agonts or volunteers shall be excess of the Contrac'to/s lnsurance and shall not contribute with it.
iii. Any failurc to comply with reporting provisions of the policies shall not afiecl coverage provided to the City of La Veme, its ofiicers, ofricials, employees, agents or volunteers.
tv The Contlactor's insurance shall apply separately to each insured against whom claim is mad€ or suit is brought, except with respec{ to the limib of the insure/s liability.
No liability insuranoe ooverage provided to comply with this Agreernent shall prohibit Contractor, or Contracto/s employees, or agents, from waiving the right of recovery prior to a loss. Contractor waives its right of recovery against City.
E.
113 Monday, June 18, 2018, City Council Meeting Page No. 107
L The insurer shall agree to waive all rights of subrogation against the City of La Veme, its officers, officials, employees, agents or volunteers for losses arising from work performed by the Contractor for the City of La Veme.
F. All Coveraoe
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in mverage or in limits except after thirty days prior written notice by certified mail, retum receipt requested, has been given to the City of La Veme.
G. Acceptabilitv of lnsureE
lnsurance is to be placed with insurers with a Besfs rating of no less than A:Vll.
H. Verification of Coveraoe
Upon execution of this Agreement, Conlrac{or shall fumish the City with certificates of insurance and with original endorsemenB effec-ting coverage required by this clause. The certificates and €ndorsements for each insuran@ policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the City. All cenificates and endorsements are to be received and approved by the City before work commences. The Cig reserves the right to require complete, certified copies of all required insurancs policies, at any time.
I . Subcontrac'tors
Contractor shall include all subcontractoE as insured under ib policies or shall fumish soperate certificat$ and endorsements for each subcontrac{or. All coverage for subcontractors shall be subject to all of the requirements stated herein.
J. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed und6r this agroement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involv€ City.
19. lndemnification. The Contractor shall save, keep and hold harmless indemnify and defend the City its officers, agents, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Contractor, or any of the Conlractofs ofiicers, employees, or agents or any subcontractor. This provision shall not apply if the damage or injury is proximately caused by the gross or activo nogligence or willful misconducl of the City, its ofiicers, ag€nts, employees, or volunteers.
20. Bonds. lndividualjob orders from the City may require performance or labor and material bonds in conformance with City's Standard Specifications. ln any event, for any work or services ordered in excess of $75,000, Contractor shall provide, before undertaking any work on that project, a surety bond in an amount €qual to at least on€ hundred percent (100%) ofthe contract price as s€curity for the payment of all persons pedoming labor and fumishing materials in connection with this contract puGuant to State law.
114 Monday, June 18, 2018, City Council Meeting Page No. 108
21. Prevailino Waoes. Unless otherwise authorized in writing by the City, Contractor shall comply with Labor Code Sectbns 1774 and '1775. The cunent sch6dule of prevailing wage rates supplied by the State Department of lndust al Relations is on file and is available for inspec-tion in the ofiice of the City Cle* of the City of La Veme in City Hall at 3660 D Street, La Veme, Califomia. The City shall not supply copies of this schedule for posting on the job site unless specifically r€quested to do so by the Contractor. lf the Contractor intends to use a crafr or classification not sho^,n on lhe general prevailing wage detarminations, it may be required to pay the wage rate of the craft or classification most closely related to it as shol n in the general deteminations efiec-tive at the time of the purchase order. lf the Contracior intends to use a craft or classification not shol ,n, it shall notify the City at least five (5) wo*ing days b€for€ the execution of the purchase order. lt is the Contracto/s obligation to ensure trat prevailing wages are paid in conformance with State law and regulations for projects subject to this agreemont. .time 22. Confadods Sdrcdule of Fe€s. This agreement is essentially a and matErials" contract. As such, Conbador agre€s to provid6 servicos, including labor, equipment and material mark-ups, per the rat€s shown in Exhibit A of this agreement. The only modifications to Exhibit A during tho efieciive period of lhis agreement shall be with resp€ct to labor rates and prevailing wage requiremenls as noted in Sec'tion 16 of this agreement.
23. Time of the Essence. Prompt delivery of the services and materials is essential to this Agreement.
24. Termination. This Agreement may be tarminated at any time by giving thirty (30) dap wdtten notice to the other parg. Any rvork, services, or materials being psrformed or delivered at the time notice of termination of this Agreement is given shall be completed and paid for pursuant to this Agr€em€nt and Califomia law.
25. Waivots. Waiver of a breach or default under this Agreement shall not constituto a continuing waiver or a waiver of a subsequent breach of the same or any other provision of the Agreemont.
26. Modifications. No modification, waiver, tErmination, or amendment to this Agreement is efiec{ive unless made in writing signed by the City and the Contrac{or.
27. Sevorabilitv. lf any term of this Agr€oment is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in efiect.
28. Entire Aoreement. This Agreement sets forth the entire understanding bstwsen the parties.
115 Monday, June 18, 2018, City Council Meeting Page No. 109
This Agreement shall be effective from and after the date set forth below and opposite the respective signatures of the parties. The operative date of this Agreement shall be July 1,2O18 to June 30,20'19.
Date: CIry OF LA VERNE A Municipal Corporation
Don Kendrick, Mayor
Attest:
Lupe Gaeta Estrella, Assistant City Clerk
Cico Electrical Contractors, lnc. \- i
BY
Andrea K. Martinez, O,ffice Manager
\- Exhibit A
116 Monday, June 18, 2018, City Council Meeting Page No. 110
Gontracto/s Schedule of Fees July 1,2018 through June 30,2019
\-
\-
117 Monday, June 18, 2018, City Council Meeting Page No. 111
Electrical Contractorc lnc. Critical 'llcE,!d,w*ryCffio'
1215 Columbia A\re, Sulte C{, Rlverslde CA, 92507 Plptp: *t1-213-2i28 Fax; *ll$il4lS Uccnsc lVo.' C9712G
Cico Electrical Contractors lnc.
Provides The Following Seruices:
Maintaan or repair pump rnotors, controls and similar equipment. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons entaged in providing similar services as are required of Contractor As indicated on the Agreement to Provide Maintenance Services for the City of La Verne.
Per Californaa Department of lndustrial Relations - Wage Determination for Los Angeles County.
AS FOLLOWS: STRAIGH PREMIUM RATES ARE TIME TIME
Field Foreman 170.00 210.00
EMERGENCY CALL RATE:
Field Foreman 2s0.00
118 Monday, June 18, 2018, City Council Meeting Page No. 112
Electrical Contractors lnc. Critical 'lltcExffiwyCorrufui'
1215 columbia lrve, suite c4, Riverside cA 92507 Phqp: 9li-21$2iV$ Fac:951-8?44xlE Ltre.rrse ruo..'&r7a20
o Straight time will consist of normal eight (8) hour working day with an allowance for lunch. o Prernium time will consist of any time worked before and after normal working hours, Saturday, Sunday, holidays, call outs during normal working hours. Should an employee be required to: work around the clock, remain at the jobsite, or receive less than 8 hours rest; he/she will remain on Premium time until which time he/she receives 8 hours rest, or as per the Local Union Agreement. o Travelportalto poftalon normalworkdays at straaghttime rates. o Minimum charge of four (4) hours will be billed for services performed in 14 hours and minimum of eight (8) hours for services performed 58 hours. o All special permits, licenses and insurance beyond our st'andard certificate of insurance will be billed as an extra. o Delays caused by others will be considered an extra charge for time lost. o Our 24 Hour Emergency number is (9511 213-A229. o Our Emergency response time is 2 Hourc once a call is received. o Cico Electrical Contractors, lnc. standard terms and conditions apply to all work and are attached as page2 of this document.
3 Per California Department of lndustrial Relations - Wage Determination for Los Angeles County.
Effective Througfi December 3L, 2Ol8 Customer lnitiafs:
Date:
Building & Maintaining Your Electrical lnfrastructure With "The Extraordi n ary Connection"
119 Monday, June 18, 2018, City Council Meeting Page No. 113 Electrical Contractots lnc. Critical Power 'fip exnodrlt,,p,yCo,r?p.cfon" ' 1219 Cotumma Atl"-, Suite Ol, nryersrae CA,92fl7 Ptwr;951-213-2229 Fax: 951-6844738 Lroense l'lo.: &17426
:{Oi;r-.iy Rf:.'1,.::CHE}UL[,''iii-l]'rriS s" r;ii.iDi'iiClril.. -i,.i :ili',,i.;ti'iUp:RY 01. 2,,1i.R thicuS,i, t,iiEivitsEfi ii 2G18
;-i[Cii ti-.:. r !\ :', :.. -L'..i;. :; irrovides The Following Services:
All Labor Cost Comply with California Departrnent of lndustrial Relations wage deterntination for Los Angeles County
STRAIGHT PREMIUM RATES ARE AS FOLLOWS: _IIEIT NEIT INSIDE WIREMEN s170.00/H s2so.o0 TEST TECHNICIA.I{ 5170.00 52s0.00 G EN ERATOR TEST TECHNICIAN s170.00/HR 52so.oo ELECTR!CAL ENGii'][ER 300.00/HR. PICKUP TRUCK S32.oo FL,6TFET,i TRUCK se2.oo i_ts\lniF :r.'. ::a,i _: 1,'.i.iJ s200.00/H S3m.oo !. ' r-jf:: I i: if': :.' :,-: - l'.:- i: .1 L;-'.!Li: *rr -.i- - s130.00/H Szza.oo HEA\JY DUT'y' f fii iiPi'.4EI'.lT (Li!'J= TFLJCi{ ?(lir , 592.00/HR
o Straight time will consist of normal eight (8) hour working day with an allowance for lunch' o ' premium time will consist of any time worked before and after normal working hours, Saturday, Sunday, holidays, and emergency callouts during normalworking hours. Should an employee be required to: work around the clock, remain at the jobsite, or receive less than 8 hours rest; he/she will remain on Premium time until which tiri':e he/she receives 8 hours rest, or as per the Local Union Agreement. o Minimum charge of four (4) hours . All special permits, licenses and insurance beyond our standard certificate of insurance will be billed as an extra. o Delays caused by others will be considered an extra charge for time lost. o Our 24 hour emergency number is (951') 2L3'2229.
Bcrilding & Maintaining Your Eiectrical lnfrastructure with "The Extraorcli n ary Co n nectioti" 120 Monday, June 18, 2018, City Council Meeting Page No. 114 cal Contractorc lnc.
,the Gritical Power
1219 @lumbia Ave, Far-:
TEST EQU!P'VIENT FEE Sfl"iItii-f LE 2017
ilescription Typical Example DAiLY t r'f EKLY i\4C\TTHLY
10kv lnsulation Tester 140.00 480.00 1,440.00 (Megger) Ductor (DLRO) 10A 60.00 240.00 720.00 Ductor (DLRO) 100A or 200A 180.00 s40.00 2040.00 lnfrared Camera (FLIR) 300.00 1,4,40.00 4,900.00 Earth Ground Tester 120.00 420.00 1,560.00
DC Load Bank Tester 780.00 2,340.00 6,960.00
CT IPT Module CIIPT Module Accessory 120.00 480.00 1580.00
CT Tester Single-Ratio EZC-T 300.00 1200.00 4080.00
CT Test Multi-Ratio EZ CT 2000 420.00 1580.00 5760.00 Testing Software Power DB Advanced Software 220.00
Circuit Breaker Test Equipment
Primary Current Test Set 2KA or 5KA 300.00 720.00 2,160.00 Mid Current Test Set 20KA 600.00 1,440.00 4,200.00 Secondary lnjection Test Set 2s0.00 960.00 3,240.00
Relay/Tra nsformer Test
Equipnrer. '-
-i'e:,tirrg 5cfiware Lrouble Prc-Tesi 5i'[tv,,are (RT.S/Froies 120.00 48C.00 l rriri,, ci-l Transformer Test Set Double N,14000 {Power Factor) 720.04 2880.00 10,c80.00 Transformer Turns Single Phase 60.00 240.00 720,00 Ratio Test Set (TTR)
Building & Maintaining Your Electrical lnfrastructure With "The Extraordi n a ry Connection" 121 Monday, June 18, 2018, City Council Meeting Page No. 115 Electrical Contractorc lnc. Gritical 'llle EffioryCotrprdon'
1219 @lumbie Are, Su[e C4, Riwrskle CA,92il7 Phme: 951-2r?228 Fex:9514840738 Lbease No.:837426
Transformer Ttirns Three Phase is0.00 s40.00 1980.00 iiatio Test Stt (TTR) \rrrintiinB Resirtance ji0.00 720.00 2160.00 iest Set Testing Software Power DB Advanced Softward 220.00
Recording Equipment
Load Reader Records volts, amps, KW, PF (EOG, OM 350.00 1,200.00 4,080.00
Rental Switchgear
1200amp Switchgear 3,700.00 11,100.00 37,000.00 400amp Switchgear 2,77s.00 8,325.00 27,750.00
Medium Voltage Cable Testing Equipment
Partial Discharge Systems 1,140.00 4,560.00 1,5,600.00 D.C. Hi-Potential 0-80KV DC 180.00 720.O0 2400.00
D.C Hi-Potential SOKV _ 12OKV DC 300.00 1200.00 4080.00 Testing Software Power DB Advanced Software 220.00
Customer lnitial's:
Date:
Building & Maintaining Your Electrical lnfrastructure with "The Extraordin ary Connectiott" 122 Monday, June 18, 2018, City Council Meeting Page No. 116
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123 Monday, June 18, 2018, City Council Meeting Page No. 117
THIS AGREEMENT, made and entered into this 1"t day of July, 2018, by and between the City of La Verne, a municipal corporation, hereinafter referred to as,,City,, and Civiltec Engineering, lnc. (Civiltec), hereinafter referred to as "Utility Engineer." WITNESSETH
THE PARTIES hereto agree as follows:
ARTICLE I NATURE OF SERVICES
A. GENERAL ADMINISTRATIVE FUNCTTONS - The Utility Engineer shall administer the functions pertaining to the engineering needs of the City,s utilities, including but not limited to the following:
1 Review all matters pertaining to engineering to insure that undertakings proposed and implemented by the City and others are done in a manner that protects the City's interests and are in keeping with City goals, specifications and practices.
2 Be available to the public and private developers to handle matters dealing with the utility engineering functions.
3. Attend all regular, adjourned and special City Council and other meetings. as required by the Director of Public Works.
4. Establish and maintain effective working relationships with staff, public agencies and outside utilities. Establish and maintain cooperative working relationships with the City Engineer and the City's Traffic Engineer.
5 Direct engineering services provided by the Utility Engineer's office to assure compatible and timely response to City needs.
6. Maintain, at City Hall, utility engineering records and maps required insuring accurate information is available to the City.
7 Prepare reports, investigations, studies and evaluations as may, from time to time, be required and directed by the Director of Public Works.
8 Perform other engineering related functions as directed by the Director of Public Works.
9. Provide monthly activity reports of projeds to the Director of Public Works.
10. Provide inspection services for investigation of utility engineering related complaints and conditions. 124 Monday, June 18, 2018, City Council Meeting Page No. 118
11. Assist clerical staff in management of records relating to utility engineering.
12. Assist the Director of Public Works in the preparation of capital improvement projeas, improvement plans, specifications, bid documents and public improvement proiect management.
B. DEVELOPMENT REVIEW and PLAN CHECK - The Utility Engineer shall assist in administering the utility engineering functions of the City, including but not limited to the following:
1 Review and check all utility improvement plans under the jurisdiction of the City that are prepared by private developers or other agencies to insure conformance with the City design standards and regulations.
2 Provide a "turn around" checking time for improvement plans generally not to exceed two weeks for first plan check after the application has been forwarded to the Utility Engineer. The Utility Engineer shall be responsible for notifying the applicant in writing of any plan deficiencies, specifying those items needed to complete the plans to proper specifications.
3 Establish performance, labor and material bond amounts when required and insure the posting of such securities and other development fees within the proper time sequence of such development control.
4. Provide such necessary and related functions as are the normal practice of the Utility Engineer.
C. CAPITAL PROJECTS - Upon specific and separate authorization, perform the following services:
1 Prepare plans and specifications for City projects.
2 Provide construction management and inspection during the course of City prolects.
3 lf so desired by the City, prepare special engineering reports on such matters as utility annexations and related matters.
4. Prepare bid documents and administer bids for City projects.
The Engineer will only proceed on additional work upon written authorization of the Director of Public Works. The City reserves the right to obtain proposals from other engineers for capital projects if it is deemed in the best interests of the City. The City will be allowed to use its qualified staff for contract administration and field inspection of its capital projects under the direction of the Utility Engineer.
D. COMPENSATION - The City shall pay for such routine services as outlined in Sections A, B and C of this Agreement, in accordance with the following schedules included as Attachments "A" and "8." The City shall compensate the Utility 125 Monday, June 18, 2018, City Council Meeting Page No. 119
Engineer for all normal and usual services using the rates established in Schedule "4." For those projects determined to be non-priority by mutual agreement of the parties, the City shall compensate the Utility Engineer at the rates identified in Schedule "8." ln no case shall there be any compensation to the Utility Engineer outside the provisions set forth in this Agreement.
ARTICLE II DIRECTOR OF PUBLIC WORKS SUPERVISION
The Director of Public works shall have the right of general supervision of all the work performed by the Utility Engineer and shall be the city's agent with respect to the review, critique and approval of the services of the utility Engineer. He shall arrange for the orderly administration of the scope of services by the utility Engineer. including provisions for work authorizations and coordination of performance. The Director of Public works shall have the right to delegate supervision of certain projects and areas of this Agreement. The Director of Public Works shall establish written work authorization procedures.
ARTICLE III OWNERSHIP OF DOCUMENTS
Ownership of original plans, drawings, specifications, exhibits and texts created in the fulfillment of this Agreement shall belong to the city. The Utility Engineer may retain copies of all records. The city shall make available to the utility Engineer all records, reports, files and other documents necessary by the Utility Engineer to properly perform the services required by the City.
ARTICLE IV DESIGNATION OF UTILITY ENGINEER
A. UTILITY ENGINEER - As an express condition of the City entering into this Agreement, W. David Byrum, shall be directly responsible for the performance of work required pursuant to this Agreement. lf, at any time, the services of W. David Byrum are not available to supervise the services to be performed under the terms of this Agreement, this Agreement shall be immediately cancelable at the option of the City of La Verne and the City will no longer be bound to make compensation to the Utility Engineer for any purposes whatsoever after the date W. David Byrum is no longer available to provide such supervision. The Utility Engineer for the City of La Verne shall be W. David Byrum (RPE No. 43296) and Civiltec will not designate any other person to perform such services. W. David Byrum will be assisted in design and construction management by Richard H. Shroads, L.S./P.E. - Principal Engineer; Terry L. Kerger, P.E. - Associate Principal Engineer; and C. Shem Hawes, P. E. - Associate/Prolect Engineer.
B. ASSIGNMENT OF TRANSFER - This Agreement covers professional or specialized services of a specific and unique nature and the Utility Engineer shall not assign, sublet or transfer Utility Engineer's interest in this Agreement without the prior written consent of the City. 126 Monday, June 18, 2018, City Council Meeting Page No. 120
ARTICLE V OPERATIVE DATE AND TERM
This Agreement shall be operative as of the date the Agreement is entered into by and between the City and Engineer and shall continue in effea until such time as the Agreement is terminated by either pa rty. The City may terminate this Agreement by giving a thirty (30) day written notice and the Utility Engineer may terminate this Agreement upon giving a sixty (60) day notice.
lnasmuch as the services to be provided under this Agreement are professional services, termination by either party shall be with due regard to the interests of the other party. lf Utility Engineer terminates, he shall, at the request of the City, use his best efforts to perform essential services under this Agreement until a replacement has been selected. ln the event of such termination, Utility Engineer shall be entitled to reimbursement for all expenses incurred by him prior to expiration of such notice, and the amount of fees paid by Utility Engineer shall be determined based upon the percentage of work completed as of the expiration of such notice.
ARTICLE VI TS BY UTILITY ENGINEER
The Utility Engineer shall be an independent contractor and not an employee of the City under this Agreement and every person providing services under this Agreement, other than the Utility Engineer, shall be the employee or subcontractor of the Utility Engineer. The Utility Engineer warrants that he shall pay and withhold all payroll taxes and similar payments, as required by law, including state and federal income tax, state disability insurance premiums, social security taxes and unemployment taxes, and shall maintain workers' compensation insurance as required by law. The Utility Engineer agrees to indemnify the City and hold it harmless from any claim for compensation, or injury or illness arising within the scope of the Utility Engineer's participation or the Utility Engineer's employees performing service under this Agreement.
During the term of this Agreement, the Utility Engineer shall maintain in full force and effect and deposit with the City insurance or a certificate of insurance which shall evidence the fact that the Utility Engineer has in full force and effect in accordance with Article xlll.
The Utility Engineer shall comply with all of the provisions of the Worker's Compensation lnsurance and Safety Acts of the State of California, the applicable provisions of Divisions 4 and 5 of the California Labor Code and all amendments thereto; and all applicable state or federal acts or laws; and shall indemnify and hold harmless the City from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorneys fees and costs presented, brought or recovered against City, for or on account of any liability for failure to obtain Worker's Compensation lnsurance for employees employed by Utility Engineer under this Agreement.
127 Monday, June 18, 2018, City Council Meeting Page No. 121
cLE Vil irmt{*I\tl TS BY CITY
The City agrees that the Utility Engineer shall not be liable for injury or damage to a person or property that should be occasioned or caused by an intentional acl, a negligent act or an omission of the City or its members, officers, agents, employees, subcontractors, their agents, officers or employees, and that the City will hold the Utility Engineer, its officers, agents and employees harmless from liability thereof, and will defend the same in respects to any claim or legal action that might ensue as a result of such injury or damage, including the payment of reasonable attorney's fees.
ARTICLE VIII ACCOUNTING
The Utility Engineer shall present to the City, at the close of each calendar month, an itemized invoice which describes all services performed during said month, classified in such manner as specified by the City. The City shall pay the Utility Engineer within thirty (30) calendar days of such invoice. Records of the Utility Engineer's direct personnel, consultant and reimbursable expenses pertaining to the work and records of accounts between the City and the Utility Engineer, shall be kept on a generally recognized standard accounting basis and shall be available to the City or its authorized representative at mutually convenient times. The City may withhold payments for individual items if disputed. The City and Utility Engineer shall make their best efforts to resolve disputed items.
ARTICLE IX ATTORNEY'S FEES lf any action at law of suit in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which it may be entitled.
ARTICLE X NOTICES
Whenever it shall be necessary for either party to serve notice on the other respective party of this Agreement, such notice shall be served to the following:
Daniel W. Keesey, Director of Public Works City of La Verne 3660 "D" Street La Verne, CA 91750
W. David Byrum, Principal Engineer Civiltec Engineering, lnc. 128 Monday, June 18, 2018, City Council Meeting Page No. 122
118 West Lime Street Monrovia, CA 91016
ARTICLE XI CONFLICTS OF INTEREST
The Utility Engineer hereby attests that he or his firm has no conflicts of interest regarding services contained in this Agreement. Conflict of interest is defined as if Civiltec Engineering, lnc. enters into a contract, has current a contract assigned, or receives compensation to provide a private client, developer or builder consulting services for projects inside or outside of the City of La Verne who is currently developing or building within the City or within the City's planning sphere of influence. The Utility Engineer states that they will avoid future conflicts of interest and, in the case of an assigned Civiltec contract, will immediately disclose the conflict of interest to the Director of Public Works. The Director of Public Works shall determine if a modification to Civiltec's City contract to mitigate the impact of the conflict of interest is necessary and implement the same. This resolution of the issue shall be done in writing. The Utility Engineer hereby attests that he or his immediate family owns no property within the City of La Verne or the planning sphere of influence larger than one acre in gross size.
ARTICLE XII AFFIRMATIVE ACTION
Through this Agreement the Utility Engineer affirms his commitment of equal employment opportunities for all individuals and will make every effort to recruit, hire, train and promote qualified persons, particularly from groups which are victims of discrimination due to race, color, creed, age, national origin, sex or handicap. Every effort will be made to insure the maintenance of a full and effective affirmative action progra m.
Compensation of the work force will be routinely monitored to detect any disproportionate level of employees from the above groups. Special efforts will be made to correct any deficiencies that are observed.
All supervisory staff will comply with equal employment opportunity guidelines to insure that inadvertent discrimination does not unfairly screen out the individuals from the above groups. Supervisory staff will hold periodic meetings with employees under their direction to assist in developing themselves with employees with regard to employment and education. Supervisory staff will insure that the above individuals are given equal opportunity, that all employees are not locked into positions because of their color, race, sex, national origin, age, religion or handicap.
xm INSURANCE REOUIREMENTS
Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, Contracto/s agents, representatives,
129 Monday, June 18, 2018, City Council Meeting Page No. 123
employees or subcontractors. The cost of such insurance shall be included in the Contractor's pricing.
A. Minimum Scooe of lnsurance
Coveraoe shall be at least as broad as: i. lnsurance Services ffice form number GL 0002 (Ed. 1173) covering Comprehensive General Liability and lnsurance Services ffice form number GL 0404 covering Broad Form Comprehensive General Liability; or lnsurance Services Office Commercial General Liability coverage (form GC 0001).
lnsurance Services Office form number CA 000'l (Ed. 1178) covering Automobile Liability, code 1 per accident and endorsement CA 0025.
lI Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance.
Contractor shall maintain limits no less than:
General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. lf Commercial General Liability lnsurance or other form with a general aggregate limit is used, the general aggregate limit shall be $2,000,000.
lt Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.
iii. Errors and Omissions: $1 ,000,000 per occurrence and aggregate.
tv. Workers' Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of Callfornia and Employers Liability limits of $1,000,000 per accident.
c.
i. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
D. Other lnsurance Provision
The policies are to contain, or be endorsed to contain the following provisions:
t. The City of La Verne, its officers, officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed 130 Monday, June 18, 2018, City Council Meeting Page No. 124
by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of La Verne, its officers, officials, employees, or volunteers.
I The Contractor's insurance coverage shall be primary insurance as respects the City of La Verne, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City of La Verne, its officers, officials, employees, agents or volunteers shall be in excess of the Contractor's lnsurance and shall not contribute with it.
Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City of La Verne, its officers, officials, employees, agents or volunteers. iv The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
V Auto shall cover owned, non-owned, and hired vehicles.
131 Monday, June 18, 2018, City Council Meeting Page No. 125
E. Workers' Compensation and Employers Liability Coverage
i. The insurer shall agree to waive all rights of subrogation against the City of La Verne, its officers, officials, employees, agents or volunteers for losses arising from work performed by the Contractor for the City of La Veme.
F. All Coverage
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty days prior written notice by certified mail, return receipt requested, has been given to the City of La Verne.
G. Acceotabilitv of lnsurers
lnsurance is to be placed with insurers with a Bests rating of no less than A:Vll.
H. Verification of Coveraoe
Upon execution of this Agreement, Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the City. All certificates and endorsements are to be received and approved by the City before work commences. The Ci$ reserves the right to require complete, certified copies of all required insurance policies, at any time.
l. Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
ARTICLE XIV ENTIRETY OF AGREEMENT
This Agreement represents the entire Agreement between the City and the Utility Engineer and supersedes any agreements and all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the City and the Utility Engineer.
XV Htll
This Agreement is subject to renewal by mutual agreement of both parties. Any modification to this Agreement or changes in fee structures or compensation must be proposed in writing to the other party NO LATER THAN April 30 of the ensuing fiscal year.
132 Monday, June 18, 2018, City Council Meeting Page No. 126
ARTICLE XVI
This Agreement shall be effective from and after the date set forth below and opposite the respective signatures of the parties. The operative date of this Agreement shall be July 1, 2018 to June 30, 2019.
Date:- CIry OF LA VERNE A municipal corporation
Don Kendrick, Mayor Attest:
Lupe Gaeta Estrella, Assistant City Clerk
Civiltec Engineering, lnc.
W. David Byrum. P. E., President
133 Monday, June 18, 2018, City Council Meeting Page No. 127
ATTACHMENT "A"
SCHEDULE OF HOURLY RATES
134 \
Monday, June 18, 2018, City Council Meeting Page No. 128
C ueeringinc^ Civil, Water, Wastewater, Drairutge and Transportation Engineering Construction Managenwnt . Suneying Califomia o Arizona
RATE SCHEDULE EFFECTIVE UNTIL JUNE 30,2OI9
Principal Engineer... $195.00
Principal Engineer - Expert Witness Testimony $325.00
Principal Electrical Engineer......
Senior Engineer... $190.00
Project Manager... $180.00
Project Engineer...... $165.00
Staff Engineer $14s.00
Senior Designer .. $135.00
Designer... $125.00
Designer/Drafter. $l15.00
Planning Technician .. $105.00
Senior Resident Engineerflnspector...... $95.00
Resident Engineer/Inspector..... $90.00
Drafter... $9s.00
Administrative Assistant/Clerical...... $6s.00
One Man Survey Party...... $17s.00
Two Man Survey Party...... $240.00
Survey Manager... .. $140.00
Staff Land Surveyor... .. $120.00
Survey Technician ..... $100.00
Subcontracted Services.. Cost plus 157o
Mileage..... $0.55/mile
NOTE: All rates are effective until June 30, 2OI9. Any increases in rates after that date will be limited to 5Vo maximum. W:\Docurents\Corporate\Rate Schedules\OTHER SPECIAL RATE SCHEDUI-ES\Ia Veru SCHErrULF].ltl- l9.doc
135 118 West Lime Avenue, Monrovia, CA 91016 lP 626.357.0588 | F:626.303.1957 Monday, June 18, 2018, City Council Meeting Clienttl:53054 ctvlLTEc Page No. 129 DATE (MM'DD/YYYY) ACORD,, CERTIFICATE OF LIABILITY INSURANCE 5t16t2018 THIS CERT]FICATE IS ISSUED AS A iJIATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AIUIEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS GERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERT!FICATE HOLOER. -ffildeiisinADDlTloNALlNsURED,thepolicy(les)musthaveADDlTloNAL!ilsuREDprovlsionsorbeendoBed. ll SUBROGAT]ON lS WAIVED, subject to tho terms and condltions of the policy, certain policies may require an endorBement. A statement on this certificate does not confer any rlght3 to the certaticate holder in lleu of such endorsement(s). PRODUCER Greyling lns. Brokerage/EPIC 770.552.4225 866.550.4082 3780 Mansell Rd. Suite 370 hen com Alpharetta, 30022 GA INSURER(S) AFFORDING COVERAGE NAIC *
INSURER A : ]LrroTd Cilqlty ln.. co. 29424
INSURED INSURER B : Llberly lmuEnco Und.ilrit E 19917 Giviltec Engineering !nc. INSURER C : 118 W Lime Ave INSURER O Monrovia, CA 91016 INSURER E :
INSI,RER F: COVERAGES CERTIFICATENUMBER: 18-19 REVISION NUMBER: THIS IS TO CERTIFY THAT THE ISSUED TOTHE INSURED NAMEDABOVE FORTHE POLICY INDICATED, NOTWTHSTANDING ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
TYPE OF INSURANCE POLICY NUMBER LIMIIS A COMMERCIAL GENERAL LIABILITY 20sBwRU2361 01t01t2018 01t01t2019 EACH OCCURRENCE 01.000.000 CLAIMS.MAOEtr OCCUR s1.000.000 MED EXP (Anv ono Derson) s10.000
PERSONAL & ADV INJURY 01,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2,000,000 f---l PRo- PROOUCTS - COMP/OP AGG POLICY I luecr I I LOC s2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 2OUEGPYl969 01t01t2018 01r01r201s s1,000,000 ANY AUTO BODILY INJURY (Por peMn) $ OVVNED SCHEOULED BODILY INJURY (Per accidont) $ AUTOS ONLY AUTOS HIRED JNED PROPERTY OAMAGE NONO\ $ AUTOS ONLY x AUTOS ONLY (Per acident) $
A UMBRELLA LIAB x OCCUR 20sBWRU2361 01101t2018 01r01r2019 EACH OCCURRENCE s5,000,000 EXCESS LIAB CLAIMS-MAOE AGGREGATE _!Ep99pq0 _ x $ WORKERS COMPENSANON PER A 20wEGAT3482 01t01t2018 01t0112012 STATI ITF AND EMPLOYERS'UABILITY x N'A E,L, EACH ACCIOENT 01,000,000 (M.ndatory in NH) E.L, OISEASE. EA EMPLOYEE r1.000.000 It yes. dessibe under DESCRIPTION OF OPERATIONS bdw E.L, DISEASE. POLICY LIMIT 01.000.000 B Professional EXNYAA32PIOO2 01t01t2018 01101t2019 Per Claim $5,000,000 Liability Aggregate $5,000,000
DESCRIPnON OF OPERATIONS, LOCAnONS , VEHICLES (ACORD 101, Addltlonal Rem.rt. Schedule, may be .ttrched lf ltprc splce ls rcqulrcd) Re: Utility Engineering Services. The City of La Verne, its officers, officials, employees, agents and volunteers are named as Additional lnsureds on the above referenced liability policies wlth the exception of workers compensation & professional liability where reguired by written contract, The above referenced liability policies with the exception of workens compensation and professional liability are primary & non contributory where required by written contract. (See Attached Descriptions)
SHOULD ANY OF THE ABOVE DESCRIBEO POLICIES BE CANCELLED BEFORE La City of Vsrne THE EXHRANON OATE THEREOF, NOTICE WILL BE DELIVERED IN 3360 D Street La Verne ACCORDANCE WITH THE POLICY PROVISIONS. La Verne, CA 91750 AUTHORIZEO REPRESENTATIVE ?tr{.6a+-
@ 1988-2015 ACORO CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 ol2 The ACORD name and logo are registered marks of ACORD #s1076156'M942548 NLAR1 136 Monday, June 18, 2018, City Council Meeting Page No. 130 DESCRIPTIONS (Gontinued from Page 1)
Waiver of Subrogation is applicable where required by written contract & allowed by Iaw. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, we wil! endeavor to provide 30 days'written notice (except 10 days for nonpayment of premium) to the Certificate Holder.
SAGlrrA 25.3 (2016/03) 2 ot 2 #s1076156rM942s48 137 Monday, June 18, 2018, City Council Meeting Page No. 131
POLICY NUMBER. 2oSBWRU2361 BUSINESS LIABILITY COVERAGE ss 00 08 04 05 INSURED. Civili6c Engineeing lnc.
ADDITIONAL COVERAGES BY WRITTEN CONTRACT, AGREEMENT OR PERMIT
This is a summary of the coverage provided under the following form (mmplete form available)
BUSINESS LIABILIW COVERAGE FORM SS OO 08 04 05
Additional lnsured When Required by Written Contract, W tten Agreement or Permit WHO lS AN INSURED under Seclion C. is amended to include as an additional insured, but only with respect to liability for "bodily iniury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) ln the performance of your ongoing operations; (b) ln connection with your premises owned by or rented to you: or (c) ln connection with "your work" and included within the "products completed operations hazard", but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products completed operations hazard". the person(s) or organization(s) are additional insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequenl to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under the provision only for thal period of time required by the contract, agreement or permil. With respect to the insurance afforded to the additional insured, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising in ury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: 'The (a) preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specilication: or (b) Supervisory, inspection, architectural or engineering activities. The lim its of insurance lhat apply to additional insureds are described in Section D. Limits Of lnsurance. How this insurance applies when other insurance is available to an additional insured is described in lhe Other lnsurance Condition in Section E. Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is nol shown as a Named lnsured in the Declaralions.
Other lnsurance lf other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: When You Add Others As An Additional lnsured To This lnsurance: Tha is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person o. organization who is an addilional insured unde. this Coverage Part: (a) Primary lnsurance When Required By Contract: This insurance is primary if you have agreed in a written contract, written agre€ment or pBrmit that this insurance be primary. lf other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non4ont butory To Other lnsurance Whon Required By Contract: lf you have agreed in a written contract, written agreement or permit that this insurance is primary and non{ontributory with the additional insurcd's own insurance, this insurance is primary and we will not s€ek contribution from that other insurance.
Rev 5.14 Page I of 2
138 Monday, June 18, 2018, City Council Meeting Page No. 132
BUSINESS LIABILITY COVERAGE FORM Summary SS 00 08 04 05
Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. c. Method Of Sharing lf all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none oI the loss remains, whichever comes first. It any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits ot insurance of all insurers.
Waiver of Subrogation lf you have waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Parl, we also waive that right, provided you waived your rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage
Rev 5.14 Page 2 ot 2
139 Monday, June 18, 2018, City Council Meeting WORKERSI COMPENSATION Page No. 133
POLICY NUMBER: 20\ ,EGAT3482
INSURED : Civiltec Engineering tnc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
Policy Number: Endosement Number: Effective Date: Effective hour is the same as stated on the lnformation Page of the policy. Named lnsured and Address:
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
SCHEDULE
NA ANY PERSON OR ORGANIZATTON FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTA]N THIS WAIVER OF R]GHTS FROM US.
Countersigned by Authorized Representative
Form WC 00 0313 Printed in U.S.A. Process Date: 1 Policy Expiration Date:
140 Monday, June 18, 2018, City Council Meeting Page No. 134
POLICY NUMBER: 2ouEGPYle6e COMMERCIAL AUTOMOBILE INS U RE D: Civiltec Enoineerino lnc. HA 99 16 03 12
ADDITIONAL COVERAGES WHEN REQUIRED BY WRITTEN CONTRACT
This is a summary of the coverage provided under the following form (complete form available): COMMERCIAL AUTOMOBILE COVERAGE FORM HA 99 16 03 12
Additional lnsured if Required by Gontract Paragraph A.1. - WHO lS AN INSURED - of Section ll - Liability Coverage is amended to add: When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who is and lnsured with regard to the ownership, maintenance or use of a covered "auto."
Primary and Non-Contributory Only with respect to insurance provided to an additional insured in 1.D. - Additional lnsured lf Required by contract, the following provisions apply: l) Primary lnsurance When Required By Contract: This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. lf other insurance is also primary, we will share with all that other insurance by the method described in Other lnsurance Clause. 2) Primary and Non-Contributory To Other lnsurance When Required By Contract: lf you have agreed in a written contract or written agreement that this insurance is primary and non{ontributory with the additional insured's own insurance, this insurance is pnmary and we will not seek contribution ftom that other insurance. Paragraphs (1) and (2) do nol apply to other insurance to which the additional insured has been added as an additional insured.
When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". lf no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other that this insurance would pay for the loss in the absence of this insurance; and (2)'The total of all deductible and seJf.insu red amounts under all that other insurance. We will share the remaining loss, if any, by method described in Other lnsurance 5.d.
Waiver of Subrogation We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payment we make for damages under the Coverage Form.
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141 Monday, June 18, 2018, City Council Meeting Page No. 135
AGREEMENT TO PROVIDE MAINTENANCE SERVICES
THIS AGREEMENT is made and entered into this 1st day of Julv ,2018, by and between the City of La Veme, a municipal corporation, hereinafter refened to as "City," and D and H Maintenance Services hereinafler refened to as "Contrac1or." [-f{dft]t[l
(A) City wishes to establish a contractual relationship with Contractor to provide services and materials on an on-call basis when needed by City; and
(B) City has not determined the exact nature, scope, or budget for these services and matedals at this lime; and
(C) The City has qualitied Contraclor for providing lhese services and materials as to insurance and other provisions as specified in this Agreement; and
(D) Contrac{or represents that it is a qualified and competent supplier of the services and items to be purchased under this Agreement.
IT IS AGREED AS FOLLOWS:
1. ScoDe of Services. The Contrac,tor shall provide the following services:
A. Provide building maintenance services as listed and at the frequency identified in Exhibit A. Contractor shall employ, at a minimum, generally accepted stiandards and prac{ices utilized by persons engaged in providing similar seNices as are required of contractor herein under in meeting its obligations under this Agreement
2. Operative Date. The services of the Contrac{or shall be available upon the execution of this Agreement from July 1, 2018 through June 30, 2019.
3. Request for SeNices. city will requesl services pursuant to this Agreement and the Contractor and the City shall execute a purchase order specirying the nature and cost of the services to be provided for that specific request. Contractor shall acknowledge receipt and acceptance of the requested materials and/or services by signing a copy of the purchase oder and reluming it to the City within ten (10) days unless directed to reply sooner'
4. Nonexclusivitv. Nolhing contained in this Agr€ement shall be construed or inlerpreted as giving the Contrac{or any exclusive right or priority to provide any or all of the services described in this Agreement, and the City shall remain free to use its own forces or any other person to provide some or all of those services as the City may in ils sole discretion determine best meets the City's needs and inlerests.
5. ComDliance with Laws. The Contractor shall comply with all applicable laws, codes, ordinances, and regulations of goveming federal, state and local laws. contractor represents and wanants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature, which are legally required for contractor to prac{ice iG profession. Contractor repnesents and warrants to City that Contrac{or shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contrec'tor to perform the servi@s rcquested under this
142 Monday, June 18, 2018, City Council Meeting Page No. 136
Agreement. lf providing seNices in the City, Contractor shall maintain a City business license pursuant to the City Municipal Code.
6. Sole Resoonsibilitv. Contractor shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.
7. Accountino. The Contractor shall present to the City, at the close of each calendar month, an itemized invoice which describes all services performed during said month, classified in such a manner as specified by the city. The city shall pay the Contractor within thirty (30) calendar days of such invoice. Records of the Contracto/s direc{ personnel, contractor and reimbursable expenses pertaining to the work and rccords of accounts between the City and the Contractor, shall be kept on a generally recognized standard accounting basis and shall be available to the City or its authorized representative at mutually convenient times. The City may withhold payment s for individual items if disputed. The City and Contrac{or shall make their besl efforts to resolve disputed items.
8. All doorments fumished to Contraclor by the City and all reports and supportive data prepared by the contrac{or under this Agreement are the City's property and shall be delivered to the City upon the completion of Contractor's services or at the City's written request. All reports, information, data, and exhibits prepared or assembled by Contractor in connec{ion with the performance of its services pursuant lo this Agreement are confidential until released by the Cig to the public, and the Contractor shall not make any of the documents or information available to any individual or organization not employed by the Contractor or the City without the written consent of the City before such release.
9. Availability of Records. contraclor shall maintain the recods supporting this billing for not less than three (3) years following completion of the work under this Agreement. Contractor shall make these records available to authorized personnel of the City at the ContractoCs ofiices during business hours upon written request of the City.
10. Proiec{ Manaoers. The designated Project Manager is Anthony Ciotti, Operations Manager, who shall represent the City on all matters hereunder. He shell have lhe right of general supervision of all the work performed by the Conlractor and shall be the City's agent with respec{ to the review, critique and approval of the services of the Contractor. He shall anange for the orderly administration of the scope of services by the Contractor, including provisions for work authorizations and coordination of performance. The Operations Manager shall have the right to delegate supervision of certain projects and areas of the Agreement.
11. Notices. Any nolice required to be given shall be deemed to be duly and properly given if mailed poslage prepaid, and addressed to:
To City: Daniel W Keesey, Director of Public Works City of La Veme 3660 D Street La Verne, cA 91750
To Contractor: George Wallis D and H Maintenance Services 2320 Back Nine Street Oceanside, CA 92056
143 Monday, June 18, 2018, City Council Meeting Page No. 137
or personally delivered to Conlractor to such address or such other address as Conlractor designates in writing to City.
12. lndependent Contractor. lt is understood that the Contractor, in the performance ofthe work and services agrced lo be performed, shall ac{ as and be an independent contractor and not an agent or employee of the City. As an independent contractor, neither Contractor nor any of its officers or employees shell obtain any rights to retirement benefits or olher benefits, which accrue, to City employee(s). Wth prior written consent, the Contractor may perform some obligations under this Agreement by subcontracting, but may not delegale ultimate responsibility for performance or assign or transfer interests under this Agreement.
The contrac{or wanants that it shall pay and withhold all payroll taxes and similar payments as required by law. lncluding state and federal income tax, state disability insurance premiums, social security taxes and unemployment shall maintain workers' compensation insurance as required by law.
13. Nondiscrimination. Contraclor warrants that it is an equal opportunity employer and shall comply with applicable regulations goveming equal employment opportunity. Contraclor does not and shall not discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orienlation, anceslry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the Califomia Fair Employment & Housing Act. ln performing services under this Agreement, Contractor shall not discdminate against any applicant or designer on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or menlal disability, national origin, religion, or medical condition.
14. EmploYment of Aliens.
A. Contractor wanants that it fully complies with all laws regarding employment of aliens and others, and that all ils employees performing services hereunder meet the citizenship or alien status requirements contained in federal and state slatutes and regulations, including, but not limited to, the lmmigration Reform and Control Act of 1986 (P. L. 99603).
B. Contrac'tor shall obtain from all covered employees performing services hereunder, all verification and other documentation of employment eligibility status required by federal statues and regulations as they cunently exist and as they may be hereafter amended.
C. Contractor shall retain such documentation for all @vered employees for the period prescribed by law.
D. Contrac{or shall indemnify, defend, and hold harmless, the city, its officers and employees from employer sanctions and any other liability which may be assessed against CITY in connection with an alleged violation of federal or state statutes or regulations pertaining to the eligibility for employmenl of person performing services under this agreement.
144 Monday, June 18, 2018, City Council Meeting Page No. 138
15. Backoround Check. The City, at its discretion, reserves the right to have all D & H employees complete a background check prior to working in any city facility. Costs associated with the background check will be paid by the City.
16. Citv Key Policies and Procedurcs. Keys will be issued to the Conlrac{or and designated employees upon written approval ftom Department Head and Director of Public Works. A deposit of $100.00 is required for the first key and $50.00 for each key thereafter. Deposit is refundable upon retum of the key. Lost or stolen keys require a replacement fee as established by the Director of Public Works. lndividuals issued keys should be aware of security issues involved with the loss of city keys and should exercise responsible measunes to keep keys secure. Access to city property is normally afler city business hours with the exception of the Public Safety Facility and the Yard. Usual and customary business practices should be used to determine lhe hours lhat maintenance will be performed.
17. lnsurane,e. Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with lhe performance of the work hereunder by the Contractor, Contracto/s agents, representatives, employees or subconlractors. The cost of such insurance shall be included in the Contractor's pricing.
A. Minimum Scope of lnsurance
Coveraqe shall be at least as broad as:
lnsurance Services Office Commercial General Liability coverage (form GC 0001), or its exac{ equivalent with an edition date prior to 2004.
n lnsurance Services Ofiice form number CA 0001 or equivalent covering Automobile Liability, code 1 per accident and endoEement CA 0025.
t. Workers Compensation insurance as required by th6 Labor Code of the State of California and Employers Liability insurance.
B. Minimum Limits of lnsurance
Contractor shall maintain limits no less lhan:
General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. lf Commercial General Liability lnsurance or olher form with a general aggregate limit is used, the general aggregate limit shall be $2,000,000.
ll. Aulomobile Liability: $1 ,000,000 combined single limit per accident for bodily injury and property damage.
t. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of Califomia and Employee Liability limits of $'1,000,000 per accident or disease.
C. Deduc{ibles and Self-insured Retentions
145 Monday, June 18, 2018, City Council Meeting Page No. 139
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, eilher: the insurer shall reduce or eliminate such deduclibles or self-insured retenlions as respects the City, its ofllcers, ofiicials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim adminislration, an defense expenses.
D. Olher lnsurance Provisions
The policies are to contain, or be endorsed to contain the following provisions:
The City of La Veme, its officers, ofiicials, employees, agents and volunteers are to be covered as insured as respec{s: liability arising out of aclivities performed by or on behalf of the Contractor, products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or bonowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of La Veme, its offtcers, officials, employees, or volunteers, and shall be provided on lnsurance Services Office Form CG 20 10 with an edilion dal6 prior to 2004, or is exac{ equivalent. Additional insured status for completed operations shall be provided either in the additional insured form or through another endorsement such as CG 20 37 with an edition date prior to 2004.
- The Contractofs insuran@ coverage shall be primary insurance as respects the City of La Veme, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City of La Verne, its officers, officials, employees, agents or volunteers shall be excess of the Contractor"s lnsurance and shall not contribute with it.
u. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City of La Veme, its officers, ofiicials, employees, agents or volunteers.
tv The Conlractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insure/s liability.
No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contracto/s employees, or agents, from waiving the right of recovery prior to a loss. Contraclor waives iis right of recrvery against City.
E Com rl
The insurer shall agree to waive all rights of subrogation against the City of La Veme, its offtcers, officials, employees, agents or volunteers for losses arising from work performed by the Contractor for the City of La Veme.
146 Monday, June 18, 2018, City Council Meeting Page No. 140
F. All Coveraqe
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty days prior written notice by certified mail, return receipt requested, has been given to the City of La Veme.
G. Acceptabilitv of lnsurers
lnsurance is to be placed with insurers with a Besfs rating of no less than A:Vll.
H. Verification of Coveraoe
Upon execution of this Agreement, Contraclor shall fumish the City with certificates of insurance and with original endorsements effecting @verage required by this clause. The certificates and endosements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endo6ements are to be on forms approved by the City. All certificates and endoG€ments are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
l. Subcontrac{ors
Contractor shall include all subcontractors as insured under its policies or shall fumish separate certificales and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
J Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
18. lndemnif cation. The Contrac{or shall save, keep and hold harmless indemniry and defend the City its ofiicers, agents, employees and volunleers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Contractor, or any of the Contractot's officers, employees, or agents or any sub@ntractor. This provision shall not apply if the damage or injury is proximately caused by the gross or active negligence or willful misconduct of the City, its ofiicers, agents, employees, or volunteers.
1L Bonds. lndividual job orders tom the City may require performance or labor and material bonds in conformance with City's Standard Specifications. ln any event, for any work or services ordered in excess of $75,000, Contrac'tor shall provide, before undertaking any work on that poect, a surety bond in an amount equal to at least one hundred percent ('100%) of the contract price as security for the payment of all persons performing labor and fumishing materials in connec{ion with this contrac{ pursuant to State law.
147 Monday, June 18, 2018, City Council Meeting Page No. 141
20. Prevailinq Waqes. Unless otherwise authorized in writing by the City, Contractor shall comply with Labor Code Sec{ions 1774 and 1775. The cunenl schedule of prevailing wage rates supplied by the State Department of lndustrial Relations is on tile and is available for inspec'tion in lhe office of the City Clerk of the City of La Veme in City Hall at 3660 D Street, La Veme, Califomia. The City shall not supply copies of this schedule fur posting on the job site unless specifically requested to do so by th€ Contractor- lf the Contractor intends to use a craft or classification not shown on the general prevailing wage determinalions, it may be required to pay the wage rate of the craft or classilicalion most closely relaled to it as shown in lhe general determinations effective at the time of the purchase order. lf the Contrac{or inlends to use a craft or classification not shown, it shall notifr the City at least five (5) working days before the execution of the purchase order. lt is the Contrac{o/s obligation to ensure that prevailing wages are paid in conformance with State law and regulations for projecis subjec{ to this agreemenl.
21. Contractofs Schedule of Fees. This agreement is essentially a "time and materials' contract. As such, Contraclor agrees to provide seNices, including labor, equipment and malerial mark-ups, per the rates shown in Exhibit A of this agreement. The only modifications to Exhibit A during the effec{ive period of this agreement shall be with respect to labor rates and prevailing wage requirements as noted in Seclion 16 of this agreement.
22. Unsatisfactory Work. The City shall indicate in writing the acceptance or rejec{ion of work and notify the Contrac{or immediately of any unsatisfaclory work. Unsetisfactory work shall be conected within forty-eight (48) hours and a report resubmitted indicating completion. Payments will be made on a work comp,etion report submitted by lhe Contractor, and approved and signed by the Department Manager. A re-inspec{ion fee of $35.00 shall be charged to the Contractor for all rejected work to compensate the City for the cost of re-inspeclion. The re- inspection fee will be deducled from your monthly bill.
23. Time of the Essence. Prompt delivery of the services and materials is e$ential to this Agreement.
24. Tennination. This Agreement may be lerminated at any time by giving thirty (30) days written notice to the other party. Any work, services, or materials being performed or delivered at the time nolice of termination of this Agreement is given shall be completed and paid for pursuant to this Agreement and Califomia law.
25. Waivers. Waiver of a breach or default under this Agreement shall nol constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of the Agreement.
26. Modifications. No modification, waiver, termination, or amendment to this Agreement is effective unless made in writing signed by the City and the Contractor.
27. Severabilitv. lf any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect.
28. Entire Aoreement. This Agreemenl sets forth the entire understanding between the parties.
148 Monday, June 18, 2018, City Council Meeting Page No. 142
This Agreement shall be effec{ive from and afler the date set forlh below and opposite the respective signatures of the parties. The operative date of this Agreement shall be July 1 , 2018 to June 30, 2019.
CITY OF I.A VERNE A Municipal Corporation
Don Kendrick, Mayor
Attest:
Lupe Gaeta Estrella, Assistant City Clerk
D AND H MAINTENANCE SERVICES
BY eorge
149 Monday, June 18, 2018, City Council Meeting Page No. 143
Exhibit A
Contacto/s Schedule of Fees July l, 2018 through June 30, 20'19
City Hall: $666.27 Public Safety: $437.O7 City Yard: $335.80 City Yard Expansion: $159.90 Public Safety Floor Polishing: $879.48
TOTAL: s2,478.52**
** .038o/o increase based on CPI for los Angeles County. Total increase $90.73 per month.
150 Monday, June 18, 2018, City Council Meeting Page No. 144 ACORD' DATE (MT'OD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 0511612018 THIS CERTIFICATE IS TSSUED AS A MATTER OF INFORTTIATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATTVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFTCATE OF TNSURANCE DOES NOT CONSNTUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: l, the certificato holder is an ADDITIONAL INSURED, tho pollcy(les) must be endorsed. lf SUBROGAflOil ls WAIVED, subjsct to the terms and conditions of the policy, certain pollcle3 may require an endorsement A statement on thi3 cottificats doer not confor rightr to the certificate holdar in lieu of such endoBementlsl. pRooucER Phono: (858) 6,42-0200 Fax: (856) 6424205 CONTACT ALL ALL COMMERCIAL INSURANCE SERVICES, LLC. P'IONE 5790 TOP GUN STREET #3 SAN DIEGO CA92121 I Lic#: 0c64552 ES INSURANCE CO 12203 INSURED D.H. ]'IIAINTENANCE SERVICES INSURER B 2320 BACK NINE ST oCEANSIDE CA 92056-1701 INSURFR D,
INSURER F
THIS IS TOCERTIFY THATTHE POLICIES OFINSURANCE LISTED BELOWHAVE BEENISSUED TOTHEINSURED NAMED ABOVE FOR THE POLICY PERIOD INOICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO W{ICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS. FYd rlqrnN-q aNn a-.lNnlTlr)N-q 6F Ql lnH p.lt tntEQ I tMtTe cHnuN trav ra\/E etrEN pEnr raEn Ev oarn ar arrte INSR ADDL SUBR POUCY EFF POUCY EXP WPE OF INSURANCE POUCY NUMBER LIMITS COMMERCIAL A x GENERAL I,IABILITY 00045745-7 11t14t17 11t14t18 EACH OCCURRENCE s 1 CLAIMS.MADE x OCCUR DAMAGE TO RENTEO 50,000
MEO. EXP (Any on6 person) $ 1,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 t--l PRO- x POLICY LJ.lEcr | | Loc PRODUCTS . COMP/OP AGG s 2,000,000 OTHER: t COMBINEO SINGLE LIMIT lE. rcdd.dl $ ANY AUTO BODILY INJURY (Per person) 3 OVVNED SCHEDULED AUTOS BODILY INJURY (Psr 6cqdent) s NON-OWNED HIREO AUTOS PROPERTY DAMAGE AUTOS $ s
Ui,ARELLA UAB OCCUR EACH OCCURRENCE $
EXCE!'S LIAB CLAIMS-MADE AGGREGATE $
oEo $ s uoRxERs co[PEIs noN PER oTtI AiIO EHPLOYERS' LIABIUTY AiIY FROPruETOR'PARTIER'EXECUIWE E.L. EACH ACCIOENT $ OFFICER/I{ETBER EXCLUOED? t{/A (il-ddory i0 NH) E.L. DISEASE.EA EMPLOYEE 0 lfye!. delciba under E.L. DISEASE.POLICY LIMIT $
oESCRIPION OF OPERAnONS , LOCAnONS, V€HICLES (ACORD 101, Addltlon.l Rem.rt3 Schcdule, m.y be .ttrched lf more sp.ce tr required) The City of La Verne, its elected and appointed officlals, employees andror aggnts are included as addltlonat lnsured wlth respects to the general insurance coverage.
SHOULD ANY OF THE ABOVE DESCR]BED POLICIES BE CANCELLED BEFORE City of La Verne THE EXPTRATION DATE THEREOF, NOTICE wlLL BE DEL]VERED IN 3660 D Street ACCORDANCE WITH THE POLICY PROVISIONS. La Verne, Ca 91750 AUTHORIZEO REPRESENTATIVE
Attention: areyes@ci,!a.verno.ca.us 2.-z A* Mark Rubin ACORD 25 120't4t01l @ 1988-2014 ACORD CORPORATIOil. All rights ressrved. The ACORD name and logo are registored marks of ACORD
151 Monday, June 18, 2018, City Council Meeting Page No. 145
POLICY NUMBER: 000457 45-7 COMMERCIAL GENERAL LIABILITY cG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY, E IT IT 3 tl-\rF{tft{, 3 ti s ESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional lnsu.ed Person(s) Or Orqanization(s): Location(s) Of Covered Operations
Where required by written contract All operations of the Named lnsureds. or written agreement.
lnformation required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section ll - Who ls An lnsured is amended to B. Wth respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability "bodily "property for iniury", This insurance does not "bodily "personal apply to injury" or damage" or and adve(ising iniury" "property damage" occurring after: caused, in whole or in part, by' 1, All work, including materials, parts or equip- 1. Your acts or omissions; or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project (other than service, maintenance behalf: or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed; or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization oth- er than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project.
cG 20 10 07 04 @ ISO Properties, lnc., 2004 Pagel ofl tr
152 Monday, June 18, 2018, City Council Meeting Page No. 146 DATE (MM'DD/YYYY} INSURANCE GERTIFICATE OF LIABILITY 05/1 6/201 I THIS CERTIFICATE IS ISSUED AS A MATTER OF ]NFORIIIATION ONLY AND CO]IIFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFF]RMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: lf the certificate holder ls an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provlsiorc or be endorced. lf SUBROGATION lS WAIVED, subiect to the terms and conditions of tho policy, certain pollcaes may requlre an endorsement. A statement on this certificate does not conrer rlqhts to the certificate holder ln lleu of such endorsement(s). PRODUCER Alex
Brookhurst lnsurance Services LLC 465-7860 1 465-7856 16260 Ventura Blvd. Ste 720
Encino cA 91436 INSURED D H Maintenance Services 2320Back Nine St. Falls Lake Fire and 15884 Oceanside, CA 92056 INSIIRFN F .
rNsl|RFR F . COVERAGES CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOO INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO VVTIICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, n-snf- IADOLISUBRI I POLICYEFF I POLICYEXP I IYE I TYPE Of INSURANCE lrMurhh,wr lruurhnffir I
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s UAMAUE IUXENIEU CI.AIMS-MADE OCCUR PRFMISFS /F. m.rrr.h.a\
MED EXP (Anv one Dsrson) s
PERSONAL & ADV INJURY s --lGEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 5 ,or,., PRODUCTS - COMP/OP AGG -'--l [-]tE"o;"' I.o" $ .r*ro -- $ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $
ANY AUTO BODILY INJURY (Per psrson) ovvNEo SCHEOULED BODILY INJURY (Per AUTOS ONLY AUTOS accidont) 3 HIRED NON-OVVNIED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (P6r accidentl $ 3
UMARELLA LIAB OCCUR EACH OCCURRENCE s EXCESS LIAB AGGREGATE $ s WORKERS COMPENSANON VIPTH IUIH- AND EMPLOYERS' LIABILITY z\ I STATUTE l-' ,LiL ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIOENT o t0-00,000 D OFFICER/[TEMBER EXCLUDED? N'A F14007206-00 10t0'U2017 10101t2018 (M.ndalory ln NH) E L DISEASE - EA EMPLOYFT $ _ lf yes, dessib€ undsr ].oqg.qqq DFSCRIPTION OF OPFRATIONS hal6w E,L, DISEASE - POLICY LIMIT s 1.000.000
DESCRIPION OF OPERAIONS , LOCAT|ONS , VEHICLES (ACORD l0l, Addl0on.l Romrrks Sch.dule, ,n y be rtt chod lf mon 3p.cs ls requlpdl
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE wlLL BE OELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of La Verne
3660 D Sr. AUTHORIZED REPRESENTATIVE La Verne, CA 91750 -#'- @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
153 Monday, June 18, 2018, City Council Meeting Page No. 147
ltlSURAllGE C0mPAilY D HoueorRce CERTIFICATE OF TNSURANCE ATLSIATE DATEOF ALLSIATEITIOETNIWGOTIJTPAT{Y D I{ONTHENOOK,]LLINOIS CERTIFICATE 5 2 heebycertllleethatthefollowlngautomobllelnsuranceiglnforce: PollcyNumbsr CC4 583 691 Nameollnsured mnCn WALTIS POLIGY PERIOD: Thls pollcy ls effectlve Addrass 232A BACK NINE ST OCEANSIDE, CA. 92A56 G4 24 18 to 10 4 1B
DescrlPtlonot Zatq INFINITY QX60 . the Automobile 5NlAL0MN4EC5 28952 ForOtllce 1201 A.M. Standard Tlme usaonly
The person or organlzatlon deslgnated below ls desctlbed ln the pollcy as: SANDRA ORNELAS LIENHOLDER CITY OF LA VERNE AGENT -Ll (toss PayableGlause) PRODUCER OF RECOBD - _ ADDITIONAL 366C D ST NAMEoFBRoKER 20687 AMAR RD #5 l-:k turenrsrED PABTY LA VERNE, CA. 9175C WALNUT, CA. 91789 D orxen LIMITS NIS LrirtTs 0F UIilTS 0F GOVENAGES ITIGLUDED COVERAGES LIABILITY f,IIIIIEO LIABILITY
INJURY LIABILITY A/AA BODILY PERSONALINJUFY Each Petson 9 500 ,ooo tr vA- PBOTEGTION ,00o Each Occurrence 6 1, C00 ,soo SUPPLEMENTAL E/88 PBOPEBTY DAMAGE LIABILIW 3C0 STATUTORY COVERAGE ,0O0 Each Occurrence $ ,clu) tr Bl ,000 O/OO AUTOMOBILE COLLISION a.c.v.less 59Q Uninsured t] Dim. Ded. tr SS Underlnsured Motorlsts ,000 tr L u A.c.v. nn ewouoBrLE coMPREHENsIvE 15C E PD ,000 tr n tr A.C-V- less - u tr provldes: Thc Addlllonal tnlotosl EndoB.mant ot such pollcy, ln parl, The Loss Payable Clauoe ol such pollcy pmddes: .....sr'tchinsuranceasIsatfordedbythepollcy'.,o'aulomobllellabi[tlinsufance rlght canc6l such pollcy at any tlme ss ptovided "The comoanv leserves the lo . lb-ttts-ploisori or oiganlzation.named as Addltional tv lG terms. but in auch case-ihe company shell notlfy the Llenhold6r when nol r;ii".i]-ttiti.it rrc no endo.t- as lo the i;]L-r;lGd- F;tf"iiries;tro respeiis suctr._lnterest,-no cancellallon...and i';";iti#E;t?"vJttrlieatter sucn caricellallon stratl 6s effective iadttionat inrcreEt. shall be eftectlvo unlil and the companv shall have lhe right, on like &;;;:fi;Gr5;r;fi;ihs il;h G6;st;i;;ld-(tenir 154 Monday, June 18, 2018, City Council Meeting Page No. 148 This page left intentionally blank 155 Monday, June 18, 2018, City Council Meeting Page No. 149 AGREEMENT TO PROVIDE MANTENANCE SERVICES THIS AGREEMENT is made and entered into this 1st day of Julv , 2018 , by and between the City of La Verne, a municipal corporation, hereinafter referred to as "City," and Econolite Systems, lnc. hereinafter referred to as "Contractor.' (A) City wishes to establish a contractual relationship with Contractor to provide services and materials on an on-call basis when needed by City; and (B) City has not determined the exact nature, scope, or budget for these seryices and materials at this time; and (C) The City has qualified Contractor for providing these services and materials as to insurance and other provisions as specified in this Agreement; and (D) Contractor represents that it is a qualified and competent supplier of the services and items to be purchased under this Agreement. IT IS AGREED AS FOLLOWS: 'I . Scooe of Services. The Contractor shall provide the following services: A. Maintain or repair signals and their related parts as requested by the City. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor herein under in meeting its obligations under this Agreement. 2. Ooerative Date. The services of the Contractor shall be available upon the execution of this Agreement from July 1, 2018 through June 30, 2019. 3. Reouest for Services. City will request services pursuant to this Agreement and the Contractor and the City shall execute a purchase order specifying the nature and cost of the services to be provided for that specific request. Contractor shall acknowledge receipt and acceptance of the requested materials and/or services by signing a copy of the purchase order and returning it to the City within ten (10) days unless directed to reply sooner. 4. Nonexclusivitv. Nothing contained in this Agreement shall be construed or interpreted as giving the Contractor any exclusive right or priority to provide any or all of the services described in thi- Agreement, and the City shall remain free to use its own forces or any other person to provide some or all of those services as the City may in its sole discretion determine best meets the City's needs and interests. 5. Comoliance with Laws. The Contractor shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature, which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to perform the services requested under this 156 Monday, June 18, 2018, City Council Meeting Page No. 150 Agreement. lf providing seMces in the City, Contractor shall maintain a City business license pursuant to the City Municipal Code. 6. Sole Resoonsibilitv. Contractor shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement. 7. Accountino. The Contractor shall present to the City, at the close of each calendar month, an itemized invoice which describes all services performed during said month, classified in such a manner as specified by the City. The City shall pay the Contractor within thirty (30) calendar days of such invoice. Records of the Contractor's direct personnel, contractor and reimbursable expenses pertaining to the work and re@rds of accounts between the City and the Contractor, shall be kept on a generally recognized standard accounting basis and shall be available to the City or its authorized representative at mutually convenient times. The City may withhold payment s for individual items if disputed. The City and Contractor shall make their best efforts to resolve disputed items. 8. Cost of Services and Materials. Pricing for those services shall be specified in the purchase order and attachments to the purchase order for the specific services and materials requested by the City. ln no event shall a single purchase under this Agreement exceed a total of One Hundred Twenty Five Thousand ($125,000.00) during the effective period of this agreement. 9. lnformation/Reoort Handlino. All documents furnished to Contractor by the City and all reports and supportive data prepared by the Contractor under this Agreement are the Citys property and shall be delivered to the City upon the completion of Contractor's services or at the Citys written request. All reports, information, data, and exhibits prepared or assembled by Contractor in connection with the performance of its services pursuant to this Agreement are confidential until released by the City to the public, and the Contractor shall not make any of the documents or information available to any individual or organization not employed by the Contractor or the City without the written consent of the City before such release. 10. Availabilitv of Records. Contractor shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Agreement. Contractor shall make these records available to authorized personnel of the City at the Contractot's offices during business hours upon written request of the City. '11. Proiect Manaoerc. The designated Project Manager is Anthony Ciotti, Maintenance Manager, who shall represent the City on all matters hereunder. He shall have the right of general supervision of all the work performed by the Contractor and shall be the City's agent with respect to the review, critique and approval of the services of the Contractor. He shall arrange for the orderly administration of the scope of services by the Contractor, including provisions for work authorizations and coordination of performance. The Maintenance Manager shall have the right to delegate supervision of certain projects and areas of the Agreement. 12. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To City: Daniel W. Keesey, Director of Public Works City of La Veme 3660 D Street La Vern€, CA 91750 157 Monday, June 18, 2018, City Council Meeting Page No. 151 To Contractor: Econolite Systems, lnc. 1250 N. Tustin Ave. Anaheim, CA 92807 or personally delivered to Contractor to such address or such other address as Contractor designates in writing to City. 13. It is understood that the Contractor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee ofthe City. As an independent contractor, neither Contractor nor any of its officers or employees shall obtain any rights to retirement benefits or other benefits, which accrue, to City employee(s). With prior written consent, the Contractor may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. The contractor warrants that it shall pay and withhold all payroll taxes and similar payments as required by law. lncluding state and federal income tax, state disability insurance premiums, social security taxes and unemployment shall maintain workers' compensation insurance as required by law. 14. Nondiscrimination. Contractor warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Contractor does not and shall not discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act. ln performing services under this Agreement, Contractor shall not discriminate against any applicant or designer on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition. 15. Emplovment of Aliens. A. Contractor warrants that it fully complies with all laws regarding employment of aliens and others, and that all its employees performing services hereunder meet the citizenship or alien status requirements contained in federal and state statutes and regulations, including, but not limited to, the lmmigration Reform and Control Act of 1986 (P. L. 99-603). B. Contractor shall obtain from all covered employees performing services hereunder, all verification and other documentation of employment eligibility status required by federal statues and regulations as they currently exist and as they may be hereafter amended. C. Contractor shall retain such documentation for all covered employees for the period prescribed by law. D. Contractor shall indemnify, defend, and hold harmless, the City, its officers and employees from employer sanctions and any other liability which may be assessed against CITY in connection with an alleged violation of federal or state statutes or 158 Monday, June 18, 2018, City Council Meeting Page No. 152 regulations pertaining to the eligibility for employment of person performing services under this agreement. 16. Backoround Check. The City, at its discretion, resorves the right to have employees complete a background check prior to working in any city facility. Costs associated with the background check will be paid by the City. '17. Citv Kev Policies and Procedures. Keys will be issued to the Contractor and designated employees upon written approval from Department Head and Director of Public Works. A deposit of $100.00 is required for the first key and $50.00 for each key thereafter. Deposit is refundable upon return of the key. Lost or stolen keys require a replacement fee as established by the Director of Public Works. lndividuals issued keys should be aware of security issues involved with the loss of city keys and should exercise responsible measures to keep keys secure. Access to city property is normally after city business hours with the exception of the Public Safety Facility and the Yard. Usual and customary business practices should be used to determine the hours that maintenance will be performed. 18. lnsurance. Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, Contractot's agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contracto/s pricing. A. lnsurance Services Office Commercial General Liability coverage (form GC 0001), or its exact equivalent with an edition date prior to 2004. [. lnsurance Services Office form number CA 0001 or equivalent covering Automobile Liability, code 1 per accident and endorsement CA 0025. m Workers Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. B. Contractor shall maintain limits no less than: General Liability: $5,000,000 combined single limit per occunence for bodily injury, personal injury and property damage. lf Commercial General Liabilig lnsurance or other form with a general aggregate limit is used, the general aggregate limit shall be $10,000,000. [- Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. fr Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident or disease. 159 Monday, June 18, 2018, City Council Meeting Page No. 153 C. Deductibles and Self-insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, an defense expenses. D. Other lnsurance Provisions The policies are to contain, or be endorsed to contain the following provisions: The City of La Veme, its officerc, officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of La Verne, its officers, officials, employees, or volunteers, and shall be provided on lnsurance Services Office Form CG 20 10 with an edition date prior to 2004, or is exact equivalent. Additional insured status for completed operations shall be provided either in the additional insured form or through another endorsement such as CG 20 37 with an edition date prior to 2004. [. The Contractor's insurance coverage shall be primary insurancc as respects the City of La Verne, its officers, officials, employees, agents and rclunteers. Any insurance or self-insurance maintained by the City of La Veme, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's lnsurance and shall not contribute with it. t Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City of La Verne, its officers, officials, employees, agents or volunteers. tv The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insure/s liability. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contracto/s employees, or agents, from waiving the right of recovery prior to a loss. Contractor waives its right of recovery against City. 160 Monday, June 18, 2018, City Council Meeting Page No. 154 E. Workers' ComDensation and EmDloyers Liability Coveraqe t. The insurer shall agree to waive all rights of subrogation against the City of La Verne, its officers, officials, employees, agents or volunteers for losses arising from work performed by the Contractor for the City of La Verne. F. All Coveraoe Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in cover€lge or in limits except after thirty days prior written notice by certified mail, return receipt requested, has been given to the City of La Veme. G. Acceotabilitv of lnsurers lnsurance is to be placed with insurers with a Best's rating of no less than A:Vll. H. Verification of Coveraoe Upon execution of this Agreement, Contractor shall fumish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the City. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. l. Subcontrac'tors Contractor shall include all subcontractorc as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coveralge for subcontractors shall be subj€ct to all of the requirements stated herein. J Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 19. lndemnification. The Contractor shall save , keep and hold harmless indemnify and defend the City its officers, agents, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Contractor, or any of the Contractor's officers, employees, or agents or any subcontractor. This provision shall not apply if the damage or injury is proximately caused by the gross or active negligence or willful misconduct of the City, its officerc, agents, employees, or volunteers. 20. Bonds. Individual job orders from the City may require performance or labor and material bonds in conformance with City's Standard Specifications. ln any event, for any work or services ordered in excess of $75,000, Contractor shall provide, before undertaking any work on that project, a surety bond in an amount equal to at least one hundred percent (100%) of the 161 Monday, June 18, 2018, City Council Meeting Page No. 155 contract price as security for the payment of all persons performing labor and furnishing materials in connection with this contract pursuant to State law. 21. Prevailino Waoes. Unless otherwise authorized in writing by the City, Contractor shall comply with Labor Code Sections 1774 and 1775. fhe cunent schedule of prevailing wage rates supplied by the State Department of lndustrial Relations is on file and is available for inspection in the office of the City Clerk of the City of La Verne in City Hall at 3660 D Sheet, La Veme, California. The City shall not supply copies of this schedule for posting on the job site unless specifically requested to do so by the Contractor. lf the Contractor intends to use a craft or classification not shown on the general prevailing wage determinations, it may be required to pay the wage rate of the craft or classification most closely related to it as shown in the general determinations effective at the time of the purchase order. lf the Contractor intends to use a craft or classification not shown, it shall notify the City at least five (5) working days before the execution of the purchase order. lt is the Contractor's obligation to ensure that prevailing wages are paid in conformance with State law and regulations for projects subject to this agreement. 22. Contractor's Schedule of Fees. This agreement is essentially a "time and materials" contract. As such, Contractor agrees to provide services, including labor, equipment and material mark-ups, per the rates shown in Exhibit A of this agreement. The only modifications to Exhibit A during the effective period of this agreement shall be with respect to labor rates and prevailing wage requirements as noted in Section 16 of this agreement. 23. Time of the Essence. Prompt delivery of the services and materials is essential to this Agreement. 24. Termination. This Agreement may be terminated at any time by giving thirty (30) days written notice to the other party. Any work, services, or materials being performed or delivered at the time notice of termination of this Agreement is given shall be completed and paid for pursuant to this Agreement and Califomia law 25. Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of the Agreement. 26. Modifications. No modification, waiver, termination, or amendment to this Agreement is effective unless made in writing signed by the City and the Contractor. 27. Severabilitv. lf any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 28. Entire Aoreement. This Agreement sets forth the entire understanding between the parties. 162 Monday, June 18, 2018, City Council Meeting Page No. 156 This Agreement shall be effective from and after the date set forth below and opposite the respective signatures of the parties. The operative date of this Agreement shall be July 1 , 2018 to June 30, 2019. Date: CITY OF LA VERNE A Municipal Corporation Don Kendrick, Mayor Attest: Lupe Gaeta Estrella, Assistant City Clerk Econolite Systems, lnc. BY. 5 n Akerley, AVP 163 Monday, June 18, 2018, City Council Meeting Page No. 157 Contractor's Schedule of Fees-Exhibit A July 1, 2018 through June 30, 2019 164 Monday, June 18, 2018, City Council Meeting Page No. 158 @ecolinrolLrrE S Y55 T E IVI S Proposed Rate Schedule for: The City of La Verne July 1st, zOL8l2OLg Material Cost Plus: 20% Sub-Contractor Cost Plus 20% Hourly Labor Rates* Double Time & Description Regular Overtime Holidavs Transportation Systems Electrician s125.40 s164.01 5201.64 Transportation Systems Technician s106.71 Srsa.gz s163.14 Transportation Systems Electrician Apprentice $86.38 s113.76 574L.L7 Hourly Equipment Rates* Pickup Truck 516.84 per hour !10' Bucket Truck s31.42 per hour 50'BucketTruck $a+.e8 per hour Utility Truck 53t.42 per hour Service Truck 53L.42 per hour Compressorw/Tools Sgg.ze per hour Crane s1o1.oo per hour** Monthly Preventative Maintenance 569.08 per location *All Labor and Equipment Rates are from Portal to Portal **Four Hour Minimum ***Any equipment used, but not on the above list will be charged at the local prevailing rates or our costpl us 2V/o f or rental equipment. r': i. i; i , I ..r lirlr il- rt'- i,,, , :.'.',,, i)' ; i'i.'. I.-.;i l.t. i '.,,'.-, 'r' 165 Monday, June 18, 2018, City Council Meeting Page No. 159 OAIE IUI'DD'YYYY} CERTIFICATE OF LIABILITY INSURANCE 0s11/2018 TH]S CERNFrcATE IS ISSUED AS A ilIATTER OF INFORMANOil ONLY AND CONFERS NO RIGHTS UPON THE CERNFrcATE HOLDER. THIS CERTIFICATE DOES T{OT AFFIRMANVELY OR T{EGATIVELY AIUIEiID, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICTES BELOW TH|S CERTIFICATE OF TNSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE TSSUTNG tilSURER(S), AUTHORTZED REPRESENTANVE OR PRODUCER, AilD THE CERNFICATE HOLDER. IMPORTANT: It the cartlflcate holder ls an ADDITIONAL INSURED, the pollcy(l*) must have ADDITIONAL INSURED provisions or be endorrsd. !, SUBROGAION lS WAIVED, sublect to the terms and conditions ol the pollcy, certaln pollcles may requlre an endotsement. A statement on thls cortificate doos not conler rlqhb to the certiflcate holdor ln lleu of such endorcemgnt(sl. PRODUCER Marsh Risk & lnsurance Servbes P|fi'ilE 17901 Von Karman Avenu€, Suite 1100 ,lrc N6 Fnl: (9a9) 3995800; License #0437153 lrvine, CA 926'14 TAI'T] CN1 02330351 -Econo-GAWU.-1 7-1 8 rNsuRER A : Travelers lndemnitv Co Ol CT 25682 INSURED tNsuRER a : Continental lnsurance Comoanv 35289 Econolite Goup, lnc. 1250 N. Tuslin Avonue INSURER C : Travelers ProDerlv Casualtv Comoenv Of Americe 25674 Anaheim, CA 92807 INSURER D: INSURER E: INTIIPFE F . LOS-002390392-01 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO VVI-IICH THIS CERTIFICATE MAY BE ISSUEO OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONOITIONS OF SUCH POLICIES. LIMITS SHOIA.iN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRtTp [ITIA;ETIFJIIirififdi Ilrtr6grItTmiTf:] utrTs A x COMMERCIAL GENERAL LIABILITY 6306'492624TCT1 7 EACH OCCURRENCE s 1.000.000 CLAIMS.MADEx OCCUR 3 300,000 MED EXP (Arry one o€rson) PERSONAL & ADV INJURY LIMIT APPLIES PER: GENERAL AGGREGATE 3 2,000,000 x PRO. JECT tr LOC PROOUCTS.COMP,OP AGG s 2,000,000 $ C AUTOIIIOBILE LIABILITY E106J49tr 71Tr117 0f,/27nO17 06,121i2018 5 1,000,000 x ANY AUTO BODILY INJURY (Por person) ;1 owNEo SCHEOULED BODILY INJURY (Por acci&nt) 3 AUTOS ONLY AUTOS x HIRED x NON-OWIIED AUTOS ONLY AUTOS ONLY 3 3 U x UMBRELLA UAB x OCCUR ffin7rn17 06n7m18 EACH OCCURRENCE s 25,000,000 EXCESS LIAB CLAIMS.MADE AGGREGATE s 25,000,000 DED x RETENToN s 10.000 il C WORKERS COMPENSATION uBtiJ490J/1 ilL l / wtilzvv wzilzu16 HEX 9rH- x STATI ITF FE AND EMPLOYERS'UABIUTV ANYPROPRIETOFYPARTNER'EXECUTIVE E,L. EACH ACCIDENT 3 1,000,c;0 OFFICER/MEMBER EXCLUOEO? N'A (Mrndrtory ln NHI E,L, DISEASE . EA EMPLOYEE 1,000,000 lf yes. (bscribe under DESCRIPTION OF OPERATIONS bdil E.L. DISEASE. POLICY LIMIT s 1,000,000 DESCRPnON OF OPERAnOilS , LOCAnONS , VEHICLES (ACORD tot, Addltlon l Rerr.ttr Schsdulo, my bo rtt chld lf mn 3p.c. l. Equlndl c0ntracl and subiecl to policy terms and conditions. CERTIF]CATE HOLDER Veme City of La SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEO BEFORE Attn: Daniel W. Keesey, Dir€ctor of Public Works THE EXPIRANON DATE THEREOF, I{OTICE wlLL BE OELIVERED IN 3660 D Street ACCORDAIiICE WITH THE POLICY PROVISIONS. La Veme, CA 9'1750 AUTHORIZED REPRESENTANVE ot Mar3h Rbk a lncurance Servlceg Alis Maynard @ 1988-20'16 ACORD CORPORATION. All rights reserved. ACORD 2s (2016/03) The ACORD name and logo are registered marks of ACORD 166 Monday, June 18, 2018, City Council Meeting Page No. 160 This page left intentionally blank 167 Monday, June 18, 2018, City Council Meeting Page No. 161 REEMENT BETWEEN THE CITY OF LA VERNE AND THE LA VERNE FRIENDS OF THE FOURTH OF JULY This Agreement is entered into this 4th day of June, 2018 by and between the City of La Verne, a municipal corporation, 3660'D'Street, La Verne, California g1750, hereinafter refened to as "City" and La Verne Friends of the Fourth of July, a nonprofit corporation, whose mailing address is P.O. Box 130, La Verne, California 91750, hereinafter referred to as "Friends'. L WHEREAS, the City and the Friends have for many years maintained a relationship whereby the Friends plan and conduct lndependence Day special events for the benefits of the citizens of La Verne under the City's direction and control; and WHEREAS, the City and the Friends entered into a one-year for#l contractual agreement during the 2018-19 fiscal year; and WHEREAS, the City and the Friends are desirous of renewing the existing agreement for another one-year period; and WHEREAS, the City of La Verne is a member of the California Joint powers lnsurance Authority (CJPIA); and WHEREAS, the CJPIA General Liability Protection program provides that any california corporation or unincorporated association under written contract with a member City to perform specified functions under the direction and control of the member City is a'Protected Party"; NOW, THEREFORE, the parties agree as foltows: -1- 168 Monday, June 18, 2018, City Council Meeting Page No. 162 1. FUNCTIONS. The City authorizes the Friends to plan and conduct lndependence Day celebration events for the residents of La Verne including, but not limited to, a parade, community breakfast, fireworks show, country fair, and barbecue under the direction and control of the City. 2. FUNDING LEVEL. The City Council has allocated $5,000 to the Friends for fisca! year2018-19. 3. clw srAFF REPRESENTATION. city staff may be assigned by the city Manager as needed to assist in the implementation of the events specified in this agreement. 4, NONPROF IT STATUS The Friends shall maintain its filings as a nonprofit corporation with tax-exempt status pursuant to the laws and regulations of the State of California. Any delinquency or lapse in such filings shall be immediately reported by the Friends to the City. 5. GENERAL LIABI INSURANCE Due to the Friends' status as a "Protected Party" under the CJPIA General Liability Protection program, the Friends ahd its officers, agents and volunteers are covered under the terms and conditions of the CJPIA General Liability Protection program as a "Protected Party" only for the events authorized by this Agreement. 6. COMPLIANC WITH STATE AND LOCAL ULATIONS. The Friends shall operate in accordance with all applicable federal, state and local laws, and in a reasonable and safe manner. 7. AUDIT OF FINANCIAL RECORDS. The Friends shall make a copy of the audit report on financial records accessible to the City for review upon written request -2 169 Monday, June 18, 2018, City Council Meeting Page No. 163 on an annual basis or other intervals as determined by the City Council. L NOTICES. All notices shall be served in writing. The notices to the City of La Verne shall be mailed to the following address: 3660 "D" Street, La Verne, CA 91750, Attention: City Manager. Notices, reports and statementq to the Friends shall be mailed to: The Friends of the Fourth, P.O. Box 150, La Verne, CA 91750, Attention: President. 9. TERM. The term of this Agreement shall be for one (1) fiscal year, July 1 ,2018, through June 30, 2019, in fullforce and effect unless otherwise amended by both parties. lt is further understood and agreed that this Agreement supercedes all prior agreements and understandings between the parties. i .'i ,r. COUNTERPART EXECUTION: This Agreement may be executed in counterpads, each of which so executed shall be deemed an original irrespective of the date of the execution, and said counterparts together shal! constitute one and the same Agreement. CITY OF LA VERNE LA VERNE FRIENDS OF THE FOURTH OF JULY ' By: By: Don Kendrick, Mayor Date Name: Don Kendrick ATTEST: Lupe Estrella, Assistant City Clerk APPROVED AS TO FORM: Robert L. Kress, City Attorney Bill's/July4th/Friendsoft he4thAgreements -3- 170 Monday, June 18, 2018, City Council Meeting Page No. 164 This page left intentionally blank 171 Monday, June 18, 2018, City Council Meeting Page No. 165 AGREEMENT TO PROVIDE MAINTENANCE SERVICES THIS AGREEMENT is made and entered into this ls! day of Julv , 2018, by and between the City of La Verne, a municipal corporation, hereinafter refened to as'City," and General Pump Company hereinafter referred to as "Contractor." (A) City wishes to establish a contractual relationship with Contractor to provide services and materials on an on-call basis when needed by City; and (B) City has not determined the exact nature, scope, or budget for these services and materials at this time; and (C) The City has qualified Contractor for providing these services and materials as to insurance and other provisions as specified in this Agreement; and (D) Contractor represents that it is a qualified and competent supplier of the services and items to be purchased under this Agreement. IT IS AGREED AS FOLLOWS: 1. Scope of Services. The Contractor shall provide the following services: A. Maintain or repair pumps, motors, controls and their related parts. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor herein under in meeting its obligations under this Agreement. 2. Operative Date. The services of the Contractor shall be available upon the execution of this Agreement from July 1 , 20'18 through June 30, 2019. 3. Reouest for Services. City will request services pursuant to this Agreement and the Contractor and the City shall execute a purchase order specifying the nature and cost of the services to be provided for that specific request. Contractor shall acknowledge receipt and acceptance of the requested materials and/or services by signing a copy ofthe purchase order and returning it to the City within ten (10) days unless directed to reply sooner. 4. Nonexclusivitv. Nothing contained in this Agreement shall be construed or interpreted as giving the Contractor any exclusive right or priority to provide any or all of the services described in this Agreement, and the City shall remain free to use its own forces or any other person to provide some or all of those services as the City may in its sole discretion determine best meets the City's needs and interests. 5. Compliance with Laws. The Contractor shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature, which are legally required for Contraclor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to perform the services requested under this 172 Monday, June 18, 2018, City Council Meeting Page No. 166 Agreement. lf providing services in the City, Contractor shall maintain a City business license pursuant to the City Municipal Code. 6. Sole Resoonsibilitv. Contractor shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement. 7. Accountino. The Contractor shall present to the City, at the close of each calendar month, an itemized invoice which describes all services performed during said month, classified in such a manner as specified by the City. The City shall pay the Contractor within thirty (30) calendar days of such invoice. Records of the Contractor's direct personnel, contractor and reimbursable expenses pertaining to the work and records of accounts between the City and the Contractor, shall be kept on a generally recognized standard accounting basis and shall be available to the City or its authorized representative at mutually convenient times. The City may withhold payment s for individual items if disputed. The City and Contractor shall make their best efforts to resolve disputed items. 8. Cost of Services and Materials. Pricing for those services shall be specified in the purchase order and attachments to the purchase order for the specific services and materials requested by the City. ln no event shall a single purchase under this Agreement exceed a total of One Hundred Twenty Five Thousand ($125,000.00) during the effective period of this agreement. 9. lnformation/Report Handlino. All documents furnished to Contractor by the City and all reports and supportive data prepared by the Contractor underthis Agreement are the City's property and shall be delivered to the City upon the completion of Contractor's services or at the City's written request. All reports, information, data, and exhibits prepared or assembled by Contractor in connection with the performance of its services pursuant to this Agreement are confidential until released by the City to the public, and the Contractor shall not make any of the documents or information available to any individual or organization not employed by the Contractor or the City without the written consent of the City before such release. 10. Availabilitv of Records. Contractor shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Agreement. Contractor shall make these records available to authorized personnel of the City at the Contracto/s offices during business hours upon written request of the City. 11. Proiect Manaoers. The designated Project Manager is Daniel Keesey, Director of Public Works, who shall represent the City on all matters hereunder. He shall have the right of general supervision of all the work performed by the Contractor and shall be the City's agent with respect to the review, critique and approval of the services of the Contractor. He shall arrange for the orderly administration of the scope of services by the Contractor, including provisions for work authorizations and coordination of performance. The Operations Manager shall have the right to delegate supervision of certain projects and areas of the Agreement. 12. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To City: Daniel W. Keesey, Director of Public Works City of La Verne 3660 D Street La Verne, CA 91750 173 Monday, June 18, 2018, City Council Meeting Page No. 167 To Contractor: General Pump Company 159 North Acacia Street San Dimas C491773 or personally delivered to Contractor to such address or such other address as Contractor designates in writing to City. 13. It is understood that the Contractor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the City. As an independent contractor, neither Contractor nor any of its officers or employees shall obtain any rights to retirement benefits or other benefits, which accrue, to City employee(s). With prior written consent, the Contractor may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. The contractor warrants that it shall pay and withhold all payroll taxes and similar payments as required by law. lncluding state and federal income tax, state disability insuranc,e premiums, social security taxes and unemployment shall maintain workers' compensation insurance as required by law. 14. Nondiscrimination. Contractor warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Contractor does not and shall not discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act. ln performing services under this Agreement, Contractor shall not discriminate against any applicant or designer on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition. 15. Emplovment of Aliens. A. Contractor warrants that it fully complies with all laws regarding employment of aliens and others, and that all its employees performing services hereunder meet the citizenship or alien status requirements contained in federal and state statutes and regulations, including, but not limited to, the lmmigration Reform and Control Act of 1986 (P. L. 99-603). B. Contractor shall obtain from all covered employees performing services hereunder, all verification and other documentation of employment eligibility status required by federal statues and regulations as they currently exist and as they may be hereafter amended. C. Contractor shall retain such documentation for all covered employees for the period prescribed by law. D. Contractor shall indemnify, defend, and hold harmless, the City, its officers and employees from employer sanctions and any other liability which may be assessed against CITY in connection with an alleged violation of federal or state statutes or 174 Monday, June 18, 2018, City Council Meeting Page No. 168 regulations pertaining to the eligibility for employment of person performing services under this agreement. '16. Backoround Check. The City, at its discretion, reserves the right to complete a background check for any employee prior to working in any city facility. Costs associated with the background check will be paid by the City. 17. Citv Kev Policies and Procedures. Keys will be issued to the Contractor and designated employees upon wriften approval from Department Head and Director of Public Works. A deposit of $100.00 is required for the first key and $50.00 for each key thereafter. Deposit is refundable upon return of the key. Lost or stolen keys require a replacement fee as established by the Director of Public Works. lndividuals issued keys should be aware of security issues involved with the loss of city keys and should exercise responsible measures to keep keys secure. Acc,ess to city property is normally after city business hours with the exception of the Public Safety Facility and the Yard. Usual and customary business practices should be used to determine the hours that maintenance will be performed. '18. lnsurance. Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, Contractor's agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's pricing. A. Minimum Scope of lnsurance Coveraoe shall be at least as broad as: lnsurance Services Office Commercial General Liability coverage (form GC 0001), or its exact equivalent with an edition date prior to 2004. . lnsurance Services Office form number CA 0001 or equivalent covering Automobile Liability, code 1 per accident and endorsement CA 0025. fi Workers Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. B. Minimum Limits of lnsurane,e Contractor shall maintain limits no less than: General Liability: $5,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. lf Commercial Generat Liability lnsurance or other form with a general aggregate limit is used, the general aggregate limit shall be $10,000,000. [. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident or disease. 175 Monday, June 18, 2018, City Council Meeting Page No. 169 C. Deductibles and Self-insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, an defense expenses. D. Other lnsurance Provisions The policies are to contain, or be endorsed to contain the following provisions: t. The City of La Verne, its officers, officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or bonowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of La Verne, its officers, officials, employees, or volunteers, and shall be provided on Insurance Services Office Form CG 20 10 with an edition date prior to 2004, or is exact equivalent. Additional insured status for completed operations shall be provided either in the additional insured form or through another endorsement such as CG 20 37 with an edition date prior to 2004. I The Contractor's insurance coverage shall be primary insurance as respects the City of La Verne, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City of La Verne, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's lnsurance and shall not contribute with it. t. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City of La Verne, its officers, officials, employees, agents or volunteers. tv The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of recovery prior to a loss. Contractor waives its right of recovery against City. 176 Monday, June 18, 2018, City Council Meeting Page No. 170 E on and The insurer shall agree to waive all rights of subrogation against the City of La Verne, its officers, officials, employees, agents or volunteers for losses arising from work performed by the Contractor for the City of La Verne. F. All Coveraoe Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty days prior written notice by certified mail, return receipt requested, has been given to the City of La Verne. G. Acceptabilitv of lnsurers lnsurance is to be placed with insurers with a Best's rating of no less than A:Vll. H. Verification of Coveraoe Upon execution of this Agreement, Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the City. All certificates and endorsements are to be received and approved by the City before work commences: The City reserves the right to require complete, certified copies of all required insurance policies, at any time. l. Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. J Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 19. lndemnification. The Contractor shall save, keep and hold harmless indemnify and defend the City its officers, agents, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Contractor, or any of the Contractor's officers, employees, or agents or any subcontractor. This provision shall not apply if the damage or injury is proximately caused by the gross or active negligence or willful misconduct of the City, its officers, agents, employees, or volunteerc. 20. Bonds. lndividualjob orders from the City may require performance or labor and material bonds in conformance with City's Standard Specifications. ln any event, for any work or services ordered in excess of $75,000, Contractor shall provide, before undertaking any work on that project, a surety bond in an amount equal to at least one hundred percent (100%) ofthe 177 Monday, June 18, 2018, City Council Meeting Page No. 171 contract price as security for the payment of all persons performing labor and furnishing materials in connec{ion with this contract pursuant to State law. 21. Prevailino Waqes. Unless otheMise authorized in writing by the City, Contractor shall comply with Labor Code Sections 1774 and 1775. fhe cunent schedule of prevailing wage rates supplied by the State Department of lndustrial Relations is on file and is available for inspection in the office of the City Clerk of the City of La Verne in City Hall at 3660 D Street, La Verne, California. The City shall not supply copies of this schedule for posting on the job site unless specifically requested to do so by the Contractor. lf the Contractor intends to use a craft or classification not shown on the general prevailing wage determinations, it may be required to pay the wage rate of the craft or classification most closely related to it as shown in the general determinations effective at the time of the purchase order. lf the Contractor intends to use a craft or classification not shown, it shall notify the City at least five (5) working days before the execution of the purchase order. lt is the Contractor's obligation to ensure that prevailing wages are paid in conformance with State law and regulations for projects subject to this agreement. 22. Contractor's Schedule of Fees. This agreement is essentially a "time and materials" contract. As such, Contractor agrees to provide services, including labor, equipment and material mark-ups, per the rates shown in Exhibit A of this agreement. The only modifications to Exhibit A during the effeclive period of this agreement shall be with respect to labor rates and prevailing wage requirements as noted in Section 16 of this agreement. 23. Time of the Essence. Prompt delivery of the services and materials is essential to this Agreement. 24. Termination. This Agreement may be terminated at any time by giving thirty (30) days written notice to the other party. Any work, services, or materials being performed or delivered at the time notice of termination of this Agreement is given shall be completed and paid for pursuant to this Agreement and California law. 25. Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of the Agreement. 26. Modifications. No modification, waiver, termination, or amendment to this Agreement is effective unless made in writing signed by the City and the Contractor. 27. Severabilitv. lf any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 28. Entire Aoreement. This Agreement sets forth the entire understanding between the parties. 178 Monday, June 18, 2018, City Council Meeting Page No. 172 This Agreement shall be effective from and after the date set forth below and opposite the respective signatures of the parties. The operative date of this Agreement shall be July 1 ,2018 to June 30, 2019. Date CITY OF I.A VERNE A Municipal Corporation Don Kendrick, Mayor Attest: Lupe Gaeta Estrella, Assistant City Clerk General Pump Company BY Tom Na Sen anager 179 Monday, June 18, 2018, City Council Meeting Page No. 173 Exhibit A Contractor's Schedule of Fees July 1 ,2018 through June 30, 2019 180 Monday, June 18, 2018, City Council Meeting Page No. 174 I59 N. ACACIA STREET . SAN DIMAS, CA91773 PHONE: (909) FAX: (909) 599-6238 WELL & PUMP SERVICE SINCE 1952 Lic. #496765 (Effective JanuarX 1, 2018) 3-Man Crew & Standard Pump Pulling Rig...... $455.00 per Hour I Operator & 40-Ton Crane...... $345.00 per Hour l-Man Crew, Service Support Rig for the 40-Ton Crane...... $155.00 per Hour Z-Man Crew & Combination Rig...... $350.00 per Hour Z-Man Crew & Standard Pump Pulling Rig...... $345.00 per Hour Wire Brush or Swab Rental ,...... $695.00 Each Flatbed Truck & Driver $152.00 per Hour Rotary Crane (up to 17-ton) & l-Man Crew...... $235.00 per Hour Rotary Crane &2-Man Crew...... $329.00 per Hour Service Truck & I Pump Mechanic, Electrician or General Services..... $159.00 per Hour Service Truck & I Pump Mechanic & Helper... $275.00 per Hour Pipeline Fabricator. $164.00 per Hour Shop Labor - Pump Mechanic.. $105.00 per Hour Shop Labor - Machinist or Welder $105.00 per Hour overtime & Saturdays...... Add $55.00/IVIan Hour Sundays & Holidays ..Add $110.00 per Man Hour Control & Instrument SpeciaIist...... $163.00 per Hour Additional Helper...... $110.00 per Hour Video Log - Color with Downhole and Side-Scan ...... $1,280.00 per DVD Re-Video Log - Color with Downhole and Side-Scan...... $1,180.00 per DVD Dynamic Video with Mini Camera...... $1,950.00 per DVD Test Pump - Above 300-Hp Engine $320.00 per Hour Test Pump - Below 300-Hp Engine $275.00 per Hour l-Man Crew & Chemical Distribution Trailer, with Safety Equipment. $265.00 per Hour Engineering and Hydrogeology Support ...... Per Job Basis FIELD RATES ARE PORTAL TO PORTAL For additional information on General Pump Company,Inc. or to speak with one of our qualified Engineers, please contact us at: GnnnRl.l, Puup Cotwpury, Inc. 159 North Acacia Street, San Dimas, California 91773 Phone: (909) 599-9606 o Fax: (909') 599-6238 o E-mait: [email protected] 181 Monday, June 18, 2018, City Council Meeting Page No. 175 -- DATE ([U'DD'YYYY) CERTIFICATE OF LIABILITY INSURANCE sl30/20L7 THIS CERTIFICATE IS ISSUED AS A MATTER OF IT{FORTATION O}ILY AND CONFERS NO RIGHTS UPON THE CERNFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRilANVELY OR NEGATIVELY ATEI{D, EXTEilD OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERIHCATE OF I]{SURAT{CE DOES t{OT COilSITUTE A CONTRACT BETWEEN THE |SSUING tilSURER(S), AUTHORTZEO REPRESEI{TANVE OR PRODUCER, AilD THE CERTIFICATE HOLDER. lMPoRTAilT:lfthecertlflcateholderlsanADDlTloNALtilsuRED,thopolicy(ies)mustbeendoped.IfsUBRoGAn@ the terms and conditions of the pollcy, certain pollclos may require an endorsement. A statemont on this certificate doea not confor rights to the certlflcate holder ln lleu of such endorsement(s). PROOUCER Sherri B€n-![un Ihe Liberty Corpany Insurance Brokers iI8.*[..",, (s18) 914-3e60 (866) 83s-6983 Ct License *0D79653 sherri G libertyc@pany. com 21820 BurbanL Blvd Suite 330 INST'RER{SI AFFORDING COVERAGE NAIC # Woodland Eil1s CA 91367 l1{s{TRERAl[ravelerg Pronertv Casualtv Co of 25674 INSUREO |NSURERBNautilus Ins Corcanv L7310 General Pury Coq)any, Inc. INSURERc*Iravelers Indennitv Co of Cl[ 25682 159 Lforth Acacia Str€et II{SURER D: INSURER E : San Dinas cA 9L773 INSURER F: COVERAGES 7 18 GL Auto ItC PoIl THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO t^,l'lICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBEO HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REOUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURAIiICE tNsn m POUCY NUTIBER LIMITS COTf, ERCIAL GEI{ERAL LIABILITY x EACH OCCURRENCE s 1,000,000 A CLAIMS-MADE E OCCUR $ 300,000 x Blanket Inaur€d x Y 6306929r819TrL17 6/L/20t7 6lLl20t8 MED EXP (Any one p€rson) E s,000 PERSONAL & ADV INJURY g 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE g 2,000,000 f__-l pno- x POLICY LOC I IJECT | | PRODUCTS - COMP/OP AGG s 2,000,000 Employ€€ B€nefits $ 2,000,000 AUTOf,OB|LE LulAILlTY $ 1,000,000 c x ANY AUTO BODILY INJURY (Per porson) s ALL OVVi'|ED SCHEDULEO AUTOS AUTOS 8106929N819trr,17 6/L/2OL7 6/L/20t8 BOOILY INJURY (Par accidsnt) $ NONOWNED HIREO AUTOS AUTOS $ Uninsurgd motorist @mbimd $ 1,000,000 UMARELI.A LIAB x x OCCUR EACH OCCURRENCE s { , 000 ,000 EXCESS LIAB A CLAIMS.MADE AGGREGATE s a,000,000 guP3aro{8636rrL17 DED x RETENTION 3 o 5/Ll20L7 6lrl20LA $ WORKERS @IIPENSANON x PER OTH. AND ETPLOY'ERS' LIABIUTY Y'N STATUTE ER ANY PROPRIETORYPARTNER'EXECUTIVE E.L, EACH ACCIOENT s 1 .000.000 OFFICER/MEMBER EXCLUDED? I N'A A (M.ndatory ln NH) Y uBs9a6N799rIL17 6/L/20L7 6lLl20Le E.L. OISEASE. EA EMPLOYET s 1 .000 . 000 lf Yss. describ€ undsr DESCRIPTION OF OPERATIoNS below E.L. DISEASE - POLICY LIMIT s 1 .000 - 000 B Contractora Pollution cPI20L7L53L2 2/5/2OL7 2/s/2OrA GmoralAggrsgate Limit $2,000,000 Liability Each Pollution Condition $1,000,000 DESCRPnON OF OPERAIONS, LOCADONS, VEHICLES (ACORD l0l, Addldonrl Rem.d6 Schedulo, m.y bs rttrched if mort 3p.cs 13 rcqulredl llhere required by written contract, the City of IJa verae, ita €].€cted and atr4rointed officia].a, eq)lofiees and/or agents are included as Additional Insuredg as resp€cts ttre op€rations of the llaned Ineured ag their interost n y apPear per ForD CC D2 {6 08 05; General I"iabi1ity Po]-j.cy is prirary per fo::n CC D2 46 08 05,' Blanhet waiver of sr:brogation for General. Liability appJ-ies per fom Ce 24 0rl 05 09; and waiver of subrogation for Workers' CoDpensation appIies per ErorE ItC 99 03 75 (00). SHOULO A]{Y OF THE ABOVE DESCRIBED POLICTES BE CANCELLED BEFORE City of La Verne THE EXPIRAT]ON DATE THEREOF, ]{OTTCE WLL BE DELIVERED IN 3660 D Street ACCOROANCE WITH THE POLICY PROVISIONS. La Verne, C,A 91750 AUTHORIZEO REPRESENTATIVE Sherri Ben-Nun/RSpNL :a;-. ?74- @ 1988-2014ACORD-24-1^: CORPORATION. Ail righB reserved. ACORD 2s(20141011 The ACORD name and logo are registered marks of ACORD ll{5025 rzornorr 182 Monday, June 18, 2018, City Council Meeting Page No. 176 Policy Number: 6306929N8 I 9TIL I 7 COMMERCIAL GENERAL UABIUW THIS ENDORSEMENT CHANGES THE PioLIcY PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (coNTRACTORS) This endorsement modifies Insumnca provided underthe followlng: COMMERCIAL GENERAL LIABILITY COVERAGE PART f , l ,HO lS AN INSURED - (Seciton [) ts amerded cl The lnsurance providad to the addiltonal tn- lnclude ,'bodlly to any pe6on or organizaton that you surad does not apply to inJurf' or agree ln a 'wrltten contrac-t requidng lnsuran-co' "propedy damage, caused by ,,your uofi, ino{ude to as an ad cc D2 46 08 05 @2005 The St. PaulTraveles Companies, tnc. Page 1 0roaGl of2 183 Monday, June 18, 2018, City Council Meeting Page No. 177 COMMERCIAL GENERAL UABILIry l. How, when and wfigrE the "occutrence" any provkler of 'other lnsurance" wtrlct wotrld or offense took place; cover the addltional lnsured for a loss we . covor under this eMorsement. However, thls ll. The names and addresses of any lnjured the psrsons and witnesses; and conditlon does nol affecf wftelher insur- anoe provlded to the adtlltlonal lrsured by ili. The nature and locdlon of any lnfury or thls endorsement 'B prlmary to "other lrsur- damage arlslng out of the "occunEnce" or anoe" available to the addltlonal lnsured offenss. wtrlch covers that person or organlzatlon as a usuit" b) lf a deim ls made or ls brought against named insured as described ln panagaph 3, the addltional lnsured, the addltlonal lnsured above. mu$: 5. The folloudng deflnltlon is added to SECTION V. i. lmmedlately recorl the speclflcs of the - DEFINITIONS: dalm or'$lll" and the date rccelved; and 'Wrltten oontract requlrlng lnsuranoe" means li. Notlfy us 8s soon as practlcable. lhat pail of any wdtten contrec't or agGemelil under tvhlch you ate requlred to lndude e The addltlonal lnsured mwt sEe to it that rrrc person or organlzatlon as an addltional in- recelve wdtten notice of the olaim or osuit,, as sured on thls Coverage Pail, provlded that soon es pnac{icabfe. the 'bodlly lnJuly" and "pmpedy damage" oe' c) The addltlonal lnsured must immsdiately ours and the 'personal lnjury' ls caused by an send us copies of all legal papers recelved ln offense enmmltted: oonnec{lon wlth the clalm or "sult", coopBreto a. Afler the signlng and executlon of lhe w0th us in the lnvestlgathn or ssfllement of oontrad oragreemont by you: the daim or defense against the "sull,,, and . othemise comply wtth all pollcy condltlons. b. While that part of the oontract or agreement is ln effed; and dl The addltlonal lnsured must tender the de- fense and lndemnlty of any claim or,'sult,'to c. Before the end of the pol'rcy perlod. PageZot2 @2005 The St. Paul Travelem Companies, lnc. cG D246 08 06 184 Monday, June 18, 2018, City Council Meeting Page No. 178 POLICY NUMBER: 6306929N819TIL17 COMMERCIAL GENERAL LTABILITY cG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Percon Or Organization: Any person or organization for which the named insured has agreed by written conffact executed prior to loss lnformation required to complete this Schedule, if not shown aboye, witl be shown ln the Declarations. The folloring is added to Pdragraph 8. Transfer Of Rights Of Recovery Against Othes To Us of Section lV - Conditionsl We waive any right of recovery we may have against' the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that percon or organization and lncluded in the "products-completed operations hazard.' This waiver applies only to the person or organization shown in the Schedule above. E- E -E I E cG 24 04 05 09 Copyright, lnsurance Services Office, lnc., 2008 Page I of I 185 Monday, June 18, 2018, City Council Meeting Page No. 179 I I wonKERs coii PE]fsATtoil AIID EMPLOYERS UABILITY POLICY EilDORSEMEI{T WC 90 o8 76 (oo} - oot Pollor NUMBEH: ( usss+oNzeerrLtT ) WAIVER OF OUR RIGHT TO RECOVER FROIT OTHERS (BI-ANKET WAIVER) We hale the rlght to recowr our paymcnts from anyone llable foran lnlury covered by thls pdlcy. We wll not enforce our dglt agalnot the percon or organlzatlon named tn the Schedule. You musl malntaln payroll records accunfery $gr€gdlng tho remunerallon of your employees whlle engaged ln the uorlr descrlbed ln the Schedule. The adtlhlonat pronilum for lhb endoEement shd be e 96 of the Cdlfiornh workers' componsatton plo- mlum ofienrlae due on such romunentbn. Schcdule Pcrson or Organlzrtlon Job Descrlptlon ANY PERSOI.I OR ORGANIZATION FOR UHICH n{E lilAiIED INSTJRED HAS AGREED BY TRITTEN C$ITRACT EXECUTED PRIOR TO LOSS TO FURI'IISH THIS WAII/ER DATE OF lS{lUE: 0s-31-17 STASSTGN: 186 Monday, June 18, 2018, City Council Meeting Page No. 180 This page left intentionally blank 187 Monday, June 18, 2018, City Council Meeting Page No. 181 CITY OF LA VERNE PROFESSIONAL SERVICE AGREEMENT FOR NON-CONSTRUCTION PROJECT This PROFESSIONAL SERVICE AGREEMENT (pSA) FOR NON-CONSTRUCTION PROJECT ("AGREEMENT"), is made and effective as of 12018-07-011, between the city of La Verne ("AGENCY"), a municipar corporation and James Knox ("CONSULTANT"), a sole proprietorship. ln consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: I. TERM This AGREEMENT shall commence on [2018-07-01] and shatl remain and continue in effect untiltasks described herein are completed, but in no event later than [2019-06-30] unless sooner terminated pursuant to the provisions of this AGREEMENT. il. SERVICES CONSULTANT shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. CONSULTANT shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. To the extent that Exhibit A is a proposal from CoNSULTANT, such proposal is incorporated only for the description of the scope of services and no other terms and conditions from any proposal such shall apply to this AGREEMENT unless specifically agreed to in writing. PERFORMANCE CONSULTANT shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized ?fqfl:gry engaged in providing similar services as are required of CONSULTANT hereunder in meeting its obligations under inis ncneEMENT. !v AGENCY MANAGEMENT The City of La Verne's l.S. Manager shall represent AGENCY in all matters pertaining to the administration of this AGREEMENT, review and approval of all products submitted by CONSULTANT, but not including the authority to enlarge the Tasks to Be Performed or change the compensation due to COt*tSUlfnruf. Agency's !.S. Manager shall be authorized to act on AGENCY's behalf and to execute all necessary documents which enlarge the Tasks to Be Performed or change CONSULTANT's compensation, subject to section 5 hereof. V. PAYMENT Rev. 2/16 Page 1 of 19 Non Construction PSA 188 Monday, June 18, 2018, City Council Meeting Page No. 182 A. The AGENCY agrees to pay CONSULTANT monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed lthirty-two thousand] dollars ($32000.00) for the total term of the AGREEMENT unless additional payment is approved as provided in this AGREEMENT. B CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Agency Manager. CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by Agency Manager and coNSULTANT at the time AGENcy's written authorizatioi is given to coNSULTANT for the performance of said services. The Ageicy Manager may approve additional work not to exceed ten peiceni 1t ozry or the amount of the AGREEMENT, but in no event shall such sum exceed ten-thousand dollars ($10,000.00). Any additional work in excess of this amount shall be approved by the AGENCY'S t.S. Manager. C. CONSULTANT will submit itemized invoices monthly for actual services performed. lnvoices shall be submitted on or about ihe first business day of each month, or as soon thereafter as practical, for services provided in payment the previous month. shall be made within fifteen (15) days of receipt of each invoice unless notification is given as to all non-disputed fees. lf the AGENCY disputes any of CONS0LTANT's fees it shall give written notice to CONSULTANT within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this AGREEMENT shail be made within forty-five (+sy oays ot receipt of an invoice therefore. vt SUSPENSTON OR TERMINATION OF AGREEMENT WTTHOUT CAUSE A The AGENCY or coNSULTANT may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon the CONSULTANT or AGENCy at leasithirty (30) days prior written notice. Upon receipt of said notice, the coNSulrAilr shall immediately cease all work under this AGREEMENT, untess the notice provides otherwise. lf the AGENcy suspends or terminates a portion of this AGREEMENT such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT. B ln the event this AGREEMENT is terminated pursuant to this Section, the AGENCY shall pay to CoNSULTANT the actual value of the work performed up to the time of termination, provided that the work performed is of value to the AGENCY, Upon termination of the AGREEMENT Rev. 2/16 Page 2 of 19 Non Construction PSA 189 Monday, June 18, 2018, City Council Meeting Page No. 183 pursuant to this Section, the CONSULTANT will submit an invoice to the AGENCY pursuant to Section 5. VII. DEFAULT OF CONSULTANT A The CoNSULTANT's failure to comply with the provisions of this AGREEMENT shall constitute a default. ln the event that CONSULTANT is in default for cause under the terms of this AGREEMENT, AGENcy shall have no obligation or duty to continue compensating CoNSULTANT for any work performed after the date of default and can [erminate this AGREEMENT immediately by written notice to the coNSULTANT. lf such failure by the CONSULTANT to make progress in the performance of work hereunder arises out causes beyond the CoNSULTANT's control, and without fault or negligence of the CONSULTANT, it shall not be considered a default. B. lf the Agency Manager or his/her designee determines that the CONSULTANT is in default in the performance of any of the terms or conditions of this AGREEMENT, he/she shall cause to be served upon the CONSULTANT a written notice of the default. The CONSULTANT shall have fifteen (15) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. ln the event that the CONSULTANT fails to cure its default within such period of time or fails to present the AGENCY with a written plan for the cure of the default, the AGENCY shall have the right, notwithstanding any other provision of this AGREEMENT, to terminate this AGREEMENT wiihout further notice and without prejudice to any other remedy to which it may be entifled at law, in equity or under this AGREEMENT. vilt. OWNERSHIP OF DOCUMENTS A. CONSULTANT shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by AGENCY that relate to the performance of services under this AGREEMENT. coNSULTANT shail maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted acgo_unling principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of AGENCY or its designees at reasonable times to such ' books and records; shall give AGENCY the right to examine and audit said books and records; shall permit AGENCY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. Rev. 2/16 Page 3 of 19 Non Construction PSA 190 Monday, June 18, 2018, City Council Meeting Page No. 184 B. Upon completion of, or in the event of termination or suspension of this AGREEMENT, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the go_urse of providing the services to be performed pursuant to this AGREEMENT shall become the sote property ot ine AGENcy and may be used, reused, or otherwise disposed of bythe AGENCy without the permission of the CONSULTANT. with respect to computer files, CONSULTANT shall make available to the AGENcy, at the CONSULTANT's office and upon reasonable written request by the AGENCY, the necessary computer software and hardware for purposes of 1c_cessing, compiling, transferring, copying and/or printing computer files. CONSULTANT hereby grants to AGENCV all right, title, Ind inierest, including any copyright, in and to the documenti, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by CONSULTANT in the course of providing the services under this AGREEMENT. lx. INDEMNIFICATION A. lndemnity for professional liabitity when the law establishes a professional standard of care for CONSULTANT'S Services, to the fullest extent permitted by law, coNSULTANT shall indemnify, protect, defend and hold hirmless AGENCY and any and all of its officials, employees and agents ("lndemnified Parties") from and against any anO att losses-, liabilities, damages, c9s!s and expenses, inCluding legal counsel,s fees and costs, caused in whole o^r. inpart by any negligent-or wrongful act, error or omission of CONSULTANT, its officers, agents, erlbyees or subconsultants (or any agency or individulttnat coruSulrnNT shall bear the legal liability thereof) in the performance of professional services under this AGREEMENT. B. lndemnity for other than professionat liability Other than in the performance of professional services and to the full permitted extent by law, CONSULTANT shall indemnify, defend and hold harmless AGENCY, and any 9nd all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory' proceedings, losses, expenses or costs of any rino, wn-ether ictual, alleged or threatened, including legal counseifees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or part, -by in the performance of this AGREEMENT CONSULTANT or by individual or AGENCY for which CONSULTANT is legalty liable, including'";y Rev. 2/16 Page 4 of 19 Non Construction PSA 191 Monday, June 18, 2018, City Council Meeting Page No. 185 but not limited to officers, agents, employees or subcontractors of CONSULTANT. c Duty to defend ln the event the AGENCY, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial 0roc99di1g arising from the performance of the services encompassed by this AGREEMENT, and upon demand by AGENCY, CONSULTANT shali have an immediate duty to defend the AGENCy at CONSULTANT's cost or at AGENCY's option, to reimburse AGENCy for its costs of defense, including reasonable attorney's fees and costs incurred in the defense of such matters. Payment by AGENcy is not a condition precedent to enforcement of this indemnity, ln the event of any dispute between CONSULTANT and AGENCY, as to whether tiaoitity arises from the sole negligence of the AGENCY or its officers, employees, or agents, CONSULTANT will be obligated to pay for AGENcy's defense until such time.as a finaljudgment has been entered adjudicating the AGENCy as solely negligent. CONSULTANT will not be entitled in ihe absence of such a determination to any reimbursement of defense costs including but not limited to attorney's fees, expert fees and costs of litigation x IN CE CONSULTANT shall maintain prior to the beginning of and for the duration of this AGREEMENT insurance coverage as specified in Exhibit C attached to and part of this AGREEMENT. xt INDE NT CON TANT A. CONSULTANT is and shall at all times remain as to the AGENCY a wholly independent consultant and/or independent contractor. The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under coNSULTANT,s exclusive direction and control. Neither AGENcy nor any of its officers, employees, or agents shall have control over the conduct of CoNSULTANT or any of CONSULTANT's officers, employees, or agents, except as set forth in this AGREEMENT. CONSULTANT shall not at any time oi in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the AGENcy. coNSULTA-llr shall not incur or have the power to incur any debt, obligation, or liability whatever against AGENCY, or bind AGENCY in any manner. B No employee benefits shall be available to CONSULTANT in connection with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT as provided in the AGREEMENT, AGENcy shail not pay salaries, wages, or other compensation to coNSULTANT for performing Rev.2/'16 Page 5 of 19 Non Construction PSA 192 Monday, June 18, 2018, City Council Meeting Page No. 186 services hereunder for AGENCY. AGENCY shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing services hereunder. xil. LEGAL RESPONSIBILITIES The CONSULTANT shatt keep itself informed of State and Federat laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this AGREEMENT. The CONSULTANT shall at all times observe and comply with all such laws and regulations. The AGENCY, and its officers and employees, shall not be liable at !3* 9r in equity occasioned by faiture of the COttSLlltnrui to .orjfy with this Section. xilt UNDUE INFLUENCE coNSULTANT declares and warrants that no undue influence or pressure was used against or in concert with any officer or emptoyee of the AGENCy in connection with the award, terms or implementaiion of this AGREEMENT, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the AGENCy has or will receive compensation, direct]v_o1 i1_oi1e9ily, from CoNSULTANT, or from any officer, gT49l99_or agent of CoNSULTANT, in connection with the award ot tnis AGREEMENT or any work to be conducted as a result of this AGREEMENT. Violation of this Section shall be a material breach of this AGREEMENT entifling the AGENCY to any and all remedies at law or in equity. xtv No member, officer, or emproyee of AGENcy, or their designees or agents, and no public official who exercises authority over or responsibilities with r6spect to the Project during his/her tenure or for one year theieafter, shall have any interest, direct or indirect, in any agreemenf or sub-agreement, or the proceeds thereof, for work to be performed in connection with i'he project performed under this AGREEMENT. XV A. All information gained by CoNSULTANT in performance of this AGREEMENT shall be considered confideniial and shall not be reteased by coNSULTANT without AGENcy,s prior written authorization. coNSULTANT, its officers, employees, agents, or subconsultants, shall not without written authorization from the Agency Manage, ol. ,nl"r, requested by the Agency Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response'to interrogatories, or other information concerning the work performed under tnis RcREeugrut or relating to any project or property located within the AGENCy. Response Rev. 2/16 Page 6 of 19 Non Construction PSA 193 Monday, June 18, 2018, City Council Meeting Page No. 187 to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives AGENCY notice of such court order or subpoena. xvt NOTICES Any notices which either party may desire to give to the other party under this AGREEMENT must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice: To AGENCY: City of La Verne 3660 D Street La Verne, CA 91750 Attention: City Clerk To CONSULTANT: James Knox PO Box 932 Upland, CA 91785 xvil. ASSIGNMENT The CONSULTANT shall not assign the performance of this AGREEMENT, nor any part thereof, nor any monies due hereunder, without prior written consent of the AGENCY. Because of the personal nature of the services to be rendered pursuant to this AGREEMENT, only CONSULTANT shall perform the services described in this AGREEMENT. James Knox may use assistants, under his direct supervision, to perform some of the services under this AGREEMENT. CONSULTANT shall provide AGENCY fourteen (14) days' notice prior to the departure of James Knox from CoNSULTANT's employ. should he leave CONSULTANT's employ, the AGENCY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period. Upon termination of this Agreement, CONSULTANT's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Governing Board and the CONSULTANT. Before retaining or contracting with any CONSULTANT for any services under this AGREEMENT, CONSULTANT shalt provide AGENCY with the identity of the proposed CONSULTANT, a copy of the proposed written contract between CONSULTANT and such sub-consultant which shall include and indemnity provision similar to the one provided herein and identifying AGENCY as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed sub- consultant carries insurance at least equalto that required by this AGREEMENT or obtain a written waiver from AGENCY for such insurance. Rev.2/16 Page 7 of 19 Non Construction PSA 194 Monday, June 18, 2018, City Council Meeting Page No. 188 xvilt. LICENSES At all times during the term of this AGREEMENT, CONSULTANT shall have in full force and effect, all licenses required of it by law for the performance of the services described in this AGREEMENT. xtx. GOVERNING LAW The AGENCY and CONSULTANT understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this AGREEMENT and also govern the interpretation of this Agreement. Any litigation concerning this AGREEMENT shall take place in the municipal, superior, or federal district court with jurisdiction over the AGENCy. XX. ENTIRE REEMENT This AGREEMENT contains the entire understanding between the parties relating to the obligations of the parties described in this AGREEMENT. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this AGREEMENT or with respect to the terms and conditions of this AGREEMENT, are merged into this AGREEMENT and shall be of no further force or effect. Each party-is entering into this AGREEMENT based solely upon the representationi set forth herein and upon each pafi's own independent investigation of any and allfacts such party deems material. xxt CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL CONSULTANT is bound by the contents of the proposal submitted by the CONSULTANT, Exhibit "D" hereto. ln the event of conflict, the requirements of AGENCY's Request for Proposals and this AGREEMENT shall take precedence over those contained in the CONSULTANT's proposals. The incorporation of the CONSULTANT's proposal shall be for the scope of services to be provided only, and any other terms and conditions included in such proposal shall have no force and effect on this AGREEMENT or the relationship between CONSULTANT and/or AGENCY, unless expressly agreed to in writing. XXII. AUTHORIW TO EXECUTE THIS AGREEMENT The person or persons executing this AGREEMENT on behalf of CONSULTANT warrants and represents that he/she has the authority to execute this AGREEMENT on behalf of the CONSULTANT and has the authority to bind CONSULTANT to the performance of its obligations hereunder. lN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written. Rev.2/16 Page 8 of 19 Non Construction PSA 195 Monday, June 18, 2018, City Council Meeting Page No. 189 CONSULTANT By: Jam City of La Verne A Municipal Corporation Mayoh Qon Kendri c k ATTEST: City Clerk Lupe Estrella APPROVED AS TO FORM: City Attorney R,r'_ Attachments: Exhibit A Tasks To Be Performed Exhibit B Payment Schedule Exhibit C lnsurance Requirements Exhibit D Consultant's Proposal Rev.2/16 Page I of 19 Non Construction PSA 196 Monday, June 18, 2018, City Council Meeting Page No. 190 Local Addresses Freewavs lntersections Businesses Blocks Buildinqs Service Areas Streets Blocks Fire Hvdrants Parcels Freewavs Businesses Addresses Rev.2/16 Page 10 of 19 Non Construction PSA 197 Monday, June 18, 2018, City Council Meeting Page No. 191 =l I Rate established at $75.00 per hour with time not to exceed g hours per week. Rev.2/16 Page I 'l of 19 Non Construction PSA 198 Monday, June 18, 2018, City Council Meeting Page No. 192 EXHIBIT C IN CE REOUIR NTS without limiting CONSULTANT's indemnification of AGENCy, and prior to commencement of Work, CONSULTAlffihall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form satisfactory to AGENCy. General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as lnsurance Services Office f6rm CG O0 Oi, in an amount not less than $1,000,000 per occurrence. The policy must include contractual liability that has not been amended. Any endorsemeni restricting standard ISO "insured contract" language will not be accepted. Other provisions or requirements Proof of insurance. CONSULTANT shall provide certificates of insurance to AGENCy as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. lnsuraice certificates and endorsements must be approved by Agency's Risk Manager prior to commencement performance. of current certification of insurance shall be tept on file with AGENCy at all times during the term of this contract. AGENCY reserves the right to require Y I complete, certified copies of all required insurance policies, at any time. Duration of coverage. CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuiies to persons or damages to property, arise ryli9h_may from or in connection with the performance of tne WLrk neieuiroei by coNSULTANT, his agents, representatives, employees or subconsultants. Primary/noncontrib-uting. Coverage provided by CONSULTANT shall be primary and any insurance or self-insurance procured or mainiained by AGENCy shall not be required to contribute with it. The limits of insurance requiied herein may be satisfied by a combination of primary and umbrella or excess insurance.Any umbreila or excess insurance shall contain or be endorsed to contain a provision tnat such coverage shall also-apply primary _on a and non-contributory basis for the benefit of AGENCy before the AGENCY's own insurance or self-insurance shall be called upon to protect it as a named insured. Agelc-Vls lghts of enforcement. ln the event any policy of insurance required under this AGREEMENT does not comply with these speciticatibns or is canceled and not replaced, AGENCY has the right but not the duty to obtain the insurance it deems p-er?.u?l{any-pigrilm paid by AGENCY wiil be prompfly reimbursed by CONSULTANT or AGENCY will withhold amounts sufficieni to p"y premium trom CONSULTANT payments. !n the alternative, AGENCY may noReEMENT. ""n"elinis Rev. 2/16 Page 12 of 19 Non Construction pSA 199 Monday, June 18, 2018, City Council Meeting Page No. 193 Acceptable insurens. All insurance policies shall be issued by an insurance company currently authorized by the lnsurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line lnsurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class Vl (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the Agency's Risk Manager. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be enCorsed to waive subrogation against AGENCY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in comptiance with these specifications to waive their right of recovery prior to a loss. CONSULTANT hereby waives its own right of recovery against AGENCY, and shall require similar written express waivers and insurance clauses from each of its subconsultants. Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alteged failure on the part of the AGENCY to inform CONSULTANT of non-compliance with any requirement imposes no additional obligations on the AGENCY nor does it waive any rights hereunder. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. lf the Consultant maintains higher limits than the minimums shown above, the AGENCY requires and shall be entifleJ to coverage for the higher limits maintained by the Consultant. Any available insurance "' proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the AGENCY. Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to AGENCY with a thirty (30) day notice of canceltation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. Additional insured status. General liability policies shalt provide or be endorsed to provide that AGENCY and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to AGENCY and approved of in writing. Rev. 2/16 Page 13 of '19 Non Construction PSA 200 Monday, June 18, 2018, City Council Meeting Page No. 194 ration of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions. through clause. CONSULTANT agrees to ensure that its subconsultants, subcontractors, and any other pafi involved with the project who is brought onto or involved in the project by CONSULTANT, provide the same minimum insurance coverage and endorsements required of CONSULTANT. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONSULTANT agrees that upon request, all agreements with consultants, subcontractors, and othersengaged in the project will be submitted to AGENCY for review. Agency's right to revise specifications. The AGENCY reserves the right at any time during the term of the contract to change the amounts and $pes of insurance required by giving the CONSULTANT ninety (90) days advance written notice of such change. lf such change results in substantial additional cost to the CONSULTANT, the AGENCy and CONSULTANT may renegotiate CONSULTANT's compensation. Self-insured retentions. Any self-insured retentions must be declared to and approved by AGENCY. AGENCY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by AGENCY. Timely notice of claims. CONSULTANT shall give AGENCY prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT's performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies. Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Rev. 2/16 Page 14 of 19 Non Construction PSA 201 Monday, June 18, 2018, City Council Meeting Page No. 195 EXHIBIT D See attached proposalfrom James Knox. Rev.2/16 Page 15 of 19 Non Construction PSA 202 Monday, June 18, 2018, City Council Meeting Page No. 196 This page left intentionally blank 203 Monday, June 18, 2018, City Council Meeting Page No. 197 FIRST ATUIENDMENT AND RESTATEO AGREEMENT FOR PARKING ENFORCEMENT SERVICES CITY OF LA VERNE THIS AGREEMENT is made and entered into effective as of the 1 day of Jury , 2018 by and between the CITY OF LA VERNE, a municipal corporation, located at 2061 Third Street, La Veme, California 91750, hereinafter refered to as CITY and INTER- CON SECURITY SYSTEMS, lNC., a California corporation, with principal office at 210 South De Lacey Avenue, Pasadena, California 91105, hereinafter referred to as INTER- coN. The parties agree as follows: 1. Sec{ion 't0. TIME of the AGREEMENT is amended by extending the term from Juty 1, 2018 through June 30, 2019. 2. Section 4. FEE of the AGREEMENT is hereby amended, effec{ive July ,1, 2018: FEE. Client shall compensate lnter-Con for the services provided hereunder as follows: Regular Overtime Regular Overtime Position Classif ication Hourly Pay Hourly Pay Hourly Bill Hourly Bill Rate Rate Rate Rate Senior Parking Enforcement Rep $ 17.00 $ 25.50 $ 27.73 $ 41.60 Parkinq Enforcement Reo $ 16.00 s 24.00 26.31 39.47 Due to the enactment of the Affordable Care Ac't (ACA) and the mandate that employers provide medical insurance to all employees working more than thirty hours per week, CITY agrees to pay 100% of the monthly medical premium for each employee who enrolls in the plan. The amount will be billed as a pass-through cost and noted on the monthly invoice. The table reflec.ts the ACA premiums for 2018. *Rates are subject to change each January. ln the event that the employee does not enroll in the medical plan, then no additional cost will be passed on to the CITY. 201 8 Premium ACA Costs er Month " Cost oer EmDlovee 08 3. All of the remaining terms and provisions of the AGREEMENT are hereby reaffirmed. I 204 Monday, June 18, 2018, City Council Meeting Page No. 198 f f IIlTff [t{Ifl[.'f{t{.E , the parties hereto have caused this AGREEMENT to be executed on the of _, 2018 by their respective officers duly authorized. CITY OF LA VERNE, a iiunicipal ATTEST: Don Kendrick, Mayor City of La Verne Date INTER.CON SECURITY SYSTEMS, INC., A California Corporation By Neil Martau, Chief Administrative Officer lnter-Con Security Systems, lnc. Date ., 205 Monday, June 18, 2018, City Council Meeting Page No. 199 FIRST AI'IENDED AND RESTATED AGREEMENT FOR PARKING ENFORCEIIENT SERVICES CITY OF LA VERNE THIS AGREEMENT is made and entered into effective as of the r st day of January, ?91S,!V and between the CITY OF tA VERNE, a municipal corporatidn, tocated at 2061 Third Street, La Verne, California 91750, hereinafter referred to as CITY and INTER-CON SECURITY SYSTEMS, lNC., a California corporation, with principat office a|210 South De Lacey Avenue, Pasadena, California 91105, hereinafter referred to as INTER-CON. WITNESSETH: 1. RECITALS. This AGREEMENT is made and entered into with respect to the following facts: (a) The CITY searched for qualified firms to provide professional services in the form of overnight parking enforcement and daytime parking enforcement, hereinafter refened to as the PROJECT; and (b) lnter-Con has provided service on PROJECT to CITY since February, 2007. 2. SERVICES. INTER-CON shall perform those services specified in its proposa! entitled La Verne Parking Proposa!, dated December 15, 2006, hereinafter referred to as PROPOSAL, for said PROJECT, a copy of which PROPOSAL is on file with La Verne Police Department and by this reference incorporated herein and made a part hereof as though tully set forth herein. Performance of work specified in said PROPOSAL is made an obligation of INTER-CON under this AGREEMENT, subject to any changes made subsequently upon the mutual wriften agreement of the parties. 3. SCOPE. The services to be performed by INTER-CON under this Agreement shall include, but not be limited to those services specified in Paragraph 2 hereof. I 206 Monday, June 18, 2018, City Council Meeting Page No. 200 Eiffiq++ 210 South De Lacey Avenue Pasadena, CA 91105 December 19, 2014 RE: First amended and Restated Agreement for Parking Enforcement S€rvices for the city of La Verne Dear Lupe: Enclosed foryour files are two original fully executed contracts. Thank you foryour assistance, Sincerely, ?***r- Joanne Burger Supervisor, Contract Administration lnter-Con S€curlty Systems, lnc. 210 South De Lacey Avenue Pasadena, CA 91105 Phone: 526-535-2271 Fax:526-685-9U1 JBU rger@ icsecurity.eom 207 Monday, June 18, 2018, City Council Meeting Page No. 201 Position classification and weekly hours are presented below: one (l) Senior Parking Enforcement Representative 40 hours per week Two (2) Parkins Enforcement.Representative g0 hours per week Total Weekly Hours 120 hours per week 4. FEE. Client shall compensate INTER-CON for the services provided hereunder as follows: OBGIML Rogulu tcdlc.l OYrrtho Hourly R.b Inanr.nca Coa Varlrncc Vrflrnce )burly Reb Porlllon lcumn0 Por llour 0) m lCunontl Sen,or Pafiing Ent rcemont R€prBsenlati\€ I $ 1,50 I 1.50 5.E6%l$ 38.54 Enbrcdnent 't.50 3 24.31 t i 150 6.re%l 3 34.47 Special Provisions: o The above rates are based on services provided for 120 hours per week. A rate adjustment will be made for any significant decrease in service hours. o Training hours will be billed to the CITY, as incurred. Said amounts payable under this Paragraph 4 and Paragraph 5 below shall be billed by INTER-CON to CITY on a time and materials basis and shall be paid in monthly installments as services are rendered, and shall be totally due and payable upon the completion thereof. 5. EXTRA SERVICES. No extra services shall be rendered by INTER-CON under this AGREEMENT unless such extra services first shall have been authorized in writing by the CITY. 6. PAYMENT BY CITY. The billings for all services rendered pursuant to this AGREEMENT shall be submitted monthly, based upon the services rendered at the time of submission, to CITY by INTER-CON, and shall be paid by CITY within thirty (30) days after receipt of same. CITY is required to pay INTER-CON on a monthly basis with terms set as neV30. Any late payment will be subject to a late fee that is at a rate of 2.5o/o pet month for all outstanding invoice balances 31 days or older. z 208 Monday, June 18, 2018, City Council Meeting Page No. 202 7. LIQUIDATED DAMAGES. The parties agree that it would be impractical and extremely difficult to fix the actual damages to the clry in the event INTERCoN is unable to fill a scheduled eight (8)-hour shift pursuant to its pRoposAL due to short staffing. The parties have considered the facts of a breach of this contract and have agreed that the liquidated damages sums hereinafter set forth are reasonable as liquidated amount of the damages sustained by the clry in the event said shifts are nol damages in the event of a breach, and that said sums shall be presumed to be the filled by INTER-CON due to short staffing. The sum of FOUR HUNDRED DOLLARS ($400.00) for each unfilled eight (8)-hour shift shall be presumed to be the amount of damages suffered by the CITY, INTER-CON hereby agrees to pay said amounts as !1ggr!{e-U_aamages for each time a scheduled eight (B)-hour shifi remains unfiiled by INTER-CON due to a shortage in staff. ln the event that INTER-CON reports for duty later than the designated start time, there will be no liquidaled damages assessed, rather the CITY will not be biiled for the time not worked. 8. EQUIPUENT. INTER-CON will be financially responsible for all lost or damaged CITY property (i.e., ticket holders, radios, cameras, and citation devices if available) that are issued to INTER-CON employees. The GITY will designate one specific vehicle to be driven by INTER-CON during the course of the contract period INTER-CON will be responsible for any damage caused to the CITY vehicle while driven by INTER-CON employees during the course of their duties. 9. CITY SUPERVISION. The Chief of Police of Clry, or his designee, shall have the right of general supervision of all work performed by INTER-CON and shall be the CITY's agent with respec't to obtaining INTER-CON's compliance hereunder. No payment for any services rendered under this AGREEMENT shall be made without the prior approval of the Chief of Police, or his designee. 10. TlIUlE, The term of this Agreement shall include an initial Base Period of 6 months from January 1, 2015 through June 30, 2015. One additional Option Year period will extend the contract from July 1, 2015 through June 30, 2016. '11. TERIIIINATION OF AGREEMENT. Each party to this AGREEMENT shall have the right to terminate said AGREEMENT in its entirety without cause, at any time by giving the other party thirty (30) days' advance written notice of such cancellation or termination. Termination of this AGREEMENT shall not affect the obligation of either party to the other to pay for any fees or reimburse any amounts due and payable at the time of termination pursuant to this AGREEMENT and shall not affect the indemnity provisions of this AGREEMENT. ln the event of any such termination, any prorated amounts due to INTER-CON shall be determined by the Chiet 3 209 Monday, June 18, 2018, City Council Meeting Page No. 203 of Police, or his designee, and.approved by the CITY Manager. City shall only be responsible to pay for the services actually performed by INTER-CON. 12. INDEPENDENT CONTRACTOR. INTER-CON shalt act as an independent contractor in the performance of the services provided for in this AGREEMENT and shall furnish such services in INTER-CON,s own manner and T.9!h.oq ?!{fn no reEpect shalt TNTER-CON be considered an agent or emptoyee of the clry. INTER-CON shalt be fully responsibte for all wages and blnefits torlnfen-cor.t employees assigned to CITY. ,l3. NONASSIGNMENT. This AGREEMENT is not assignabte either in whole or in part by INTER-CON wilhout th€ consent of CITY. '14. INDEMNIFICATION. INTER-CON hereby agrees to and shall hotd CtTy, its elective and appointive boards, officers, agents and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from INTER-CON,s negligent acts, errors or omissions under this AGREEMENT. INTER-CON agrees to, and shall defend CITY and its elective and appointive boards, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid negligent acts, errors or omission; provided (a) That CITY does not, and shall not, waive any rights against TNTER- CON which it may have by reason of the aforesaid hold-harmless AGREEMENT because of the acceptance by CITY or the deposit with CITY by INTER-CON, of any of the insurance policies hereinafter described in this AGREEMENT. (b) That the aforesaid hold-harmless AGREEMENT by TNTER-CON shail apply to all damages and claims for damages of every kind suffered, or alleged to have been sufiered, by reason of any of the aforesaid operations of INTER-CON, or any subcontractor of INTER-CON, regardless of whether or not such insuran@ policies shall have been delermined to be applicable to any of such damages or claims for damages. 15. EQUAL OPPORTUNITY CLAUSE. INTER-CON shail not discriminate in its recruiting, hiring, promotion, demotion or termination practices on the basis of race, religious creed, color, nationality origin, ancestry, sex, age or physical handicap in the performance of this AGREEMENT and shall comply with the provision of the State Fair Employment Act as set forth in Part 4.5 of Division 2 of the California Labor Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88-352, and alt amendments 4 210 Monday, June 18, 2018, City Council Meeting Page No. 204 thereto; Executive order 11246i and all administrative rules and regulations issued pursuant to such acts and order. 16. UNAUTHORIZED AL|ENS. TNTER-CON hereby promises and agrees to comply with all of the provisions of the Federal lmmigration and Nationality Act iSuscA 1101, et seq.), as amended; and, in connection therewith, shall not employ unauthorized aliens as defined therein. Should INTER-CON so employ such unauthorized aliens, INTER-CON hereby agrees to, and shall, reimburse ClTy for the cost o{ all such sanctions imposed, together with any and all costs, including attorney's fees, incurred by the CITY in connection therewith. 17, WAIVER. Waiver by any party hereto of any term, condition, or covenant of this AGREEMENT shall not constitute the waiver of any other term, condition or covenant hereof. 18, ATTORNEY'S FEES. lf litigation is reasonably required to enforce or interpret the provisions of this AGREEMENT, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees, in addition to any other relief to which it may be entitled. 19. BINDING EFFECI. This AGREEMENT shall be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. 20. PROVISIONS, CUilULATIVE. The provisions of thiSAGREEMENT are cumulative and in addition to and not in limitation of any rights or remedies available to ctw. 21. NO PRESUilIPTION RE: DRAFTER. The parties acknowledge and agree that the terms and provisions of this AGREEMENT have been negotiated and discussed between the parties and their attorneys, and this AGREEMENT reflects their mutual AGREEMENT regading the same. Because of the nature of such negotiations and discussions it would be inappropriate to deem any party to be the drafier of this AGREEMENT; and, therefore, no presumption for or against validity or as to any interpretation hereof, based upon the identirty of the drafter, shall be applicable in interpreting or enforcing this AGREEMENT. 22. ASSISTANCE OF COUNSEL. Each party to this AGREEMENT warrants to each other party as follows: s 211 Monday, June 18, 2018, City Council Meeting Page No. 205 (a) That each party either had the assistance of counsel or had counsel available to it, in the negotiation for, and execution of, this AGREEMENT, AND ALL REIATED DOCUMENTS; AND, (b) That each party has lawfully authorized the execution of this AGREEMENT. 23. MODIFICATION. This AGREEMENT shafl not be modified except by written agreement of the parties. 24. GOVERNING LAW. This AGREEMENT shail be interpreted and construed according to the laws of the State of California. 25. EFFECTIVE DATE AND EXECUTION. This AGREEMENT shail be effective as of January 1, 2015. This AGREEMENT may be executed in counterparts. 26, NOTICE. Whenever it shall be necessary for either party to serve notice on the other regarding this AGREEMENT, such notice may be furnished in writing by either party to the other and shall be served by personal service as required in judicial proceedings or by certified mail, postage prepaid, return receipt requested, addressed to the parties as follows: CITY: Nick Paz Captain of Police Dept., City of La Verne 2061 Third Street La Verne, CA 91750 [email protected] INTER-CON: Mr. Neil Martau, Chief Administrative Officer lnter-Con Security Systems, lnc. 210 South De Lacey Avenue Pasadena, CA 9'1105 NMartau@icsecurity. com cc: [email protected] 27. FORCEilIAJEURE. Neitherpartyshall beresponsiblelordelaysor failures in performance resulting from acts beyond the control of the offending party. Such acts shall include, but not limited to, acts of God, fire, flood, earthquake, or other natural disasler, nuclear accident, strike, lockout, riot, freight embargo, public regulated utility, or government statutes or regulations superimposed after the fact. 6 212 Monday, June 18, 2018, City Council Meeting Page No. 206 28. INSURANCE. INTER-CONshallnotcommencework underthiscontract until INTER-CON shall have obtained all insurance required by this AGREEMENT and such insurance shall have been approved by CITY as to form, amount and carrier, nor shall INTER-CON allow any subcontractor of INTER-CON to commence work on any subcontract until all similar insurance required of the subcontractor of INTER-CON shall have been so obtained and approved. (a) COMPENSATION INSURANCE - INTER-CON shall take out and maintain during the life of this contract, Worker's Compensation lnsuranco for all of INTER-CON's employees employed at the site of improvement; and, if any work is sublet, INTER-CON shall require the subcontractor of INTER-CON similarly to provide Worker's Compensation lnsurance for all of the latte/s employees, unless such employees are covered by the protections afforded by INTER- CON. lf any class of employees engaged in work under this contract at the site of the PROJECT is not protected under any Workers' Compensation law, INTER-CON shall provide and shall cause each subcontractor in INTER-CON to provide adequate insurance for the protection of employees not otheruise protected. INTER-CON shall indemnify CITY for any damage resulting to it from failure of either INTER-CON or any subcontractor of INTER-CON to take out or maintain such insurance. (b) CoMPREHENS|VE GENERAL LlABlLlTY. PROFESSIONAL LIABILIfi. COMPREHENS IVE AUTOMOBILE LIABILITY AND CONTRACTUAL GENERAL LIABILITY INSURANCE. INTER.CON shall take out and maintain during the life of this contract such comprehensive general liability, products/completed operations hazard, comprehensive automobile liability and contractual general liability insurance as shall protect CITY, its elective and appointive boards, officers, agents and employees, INTER-CON, and any subcontractor of INTER-CON performing work covered by this contract, from claims for damage for perconal injury including death, as well as from claims for property damage which may arise from INTER-CON's or any subcontractol of INTER-CON or by any subcontractor of INTER-CON, or by anyone directly or indirectly employed by either INTER-CON or any subcontractor of INTER- CON, and the amounts of such insurance shall be as follows: (1) Commercial General Liabiliw lnsurance in an amount of not less than ONE MILLION DOLLARS ($1,000,000); 7 213 Monday, June 18, 2018, City Council Meeting Page No. 207 (2) Professional Liability lnsurance in an amount of not less than oNE MtLLtON DOLLARS ($1,000,000); (3) Comorehensive Automobile Liabilitv lnsurance in amounl of not less than ONE MILLION DOLLARS ($1,000,000). A combined single limit policy with aggregate limils in an amount of not less than TWO MILLION DOLI-ARS ($2,000,000) shafl be considered equivalent to the said required minimum limits set forth hereinabove. (c) PROOF OF INSURANCE - The CITY of La Verne shal be named as 'additional insured" on all policies required hereunder, and INTER- CON shall furnish lhe CITY Clerk, concurrently with the execution hereol with satisfactory proof of caniage of the insurance required, and adequate legal assurance that each carrier will give CITY at least thirty (30) days' prior notice of the cancellation of any policy during the effective period of the contract. (d) NOTICE TO COMMENCE WORK - The City will not issue any notice authorizing INTER-CON or any subcontractor to commence work under this AGREEMENT until INTER-CON has provided to the CITY Clerk the proof of insurance as required by subparagraph (C) of this article. 25. DEPARTMENT OF MOTOR VEHICLES LICENSE CHECK. INTER-CON agrees that it will verify the current validity of the driver's license of each of its employees assigned to CITY. INTER-CON further agrees to enroll in the California Department of Motor Vehicles' notmcation alert system for all INTER-CON employees assigned to the ClTY. lN WITNESS WHERE-OF, the parties hereto have caused this AGREEMENT to be oxecuted on the 15th day of npepmher , by their respective officers duly authorized. CITY OF LA VERNE, a Municipal Corporation ATTEST: 8 214 Monday, June 18, 2018, City Council Meeting Page No. 208 Don Mayor City of La Verne Date: December 16, 2014 INTER-CON SECURITY SYSTEMS, INC., A California Corporation By Martau, Chief Administrative Oflicer lnter-Con Security Systems, lnc. Date: rzlrqlr{ I 215 Monday, June 18, 2018, City Council Meeting Page No. 209 ATTORI\IEY/CLIENT FEE AGREEMENT This Attomey/Client Fee Agreement ("Agreement") is entered into by and berween the law firm of Kidman Law, LLP ("KIDMAN') and the City of La Veme ("Client"). l. Scooe of Work and Duties. Client hires Kidman to represent it as special counsel on water law matters on an as-needed basis. Kidman will perform requested legal services, will keep Client infomred of progress, and will respond to Client's inquiries. 2. Client's Duties. Client agrees to provide Kidman such infonnation, assistance and cooperation as is necessary for Kidman to effectively perform its services under this Agreement. Client shall timely pay Kidman's bills for fees, costs and expenses. Client sball keep Kidman advised of Cliert's address, telephone number and contact person(s) during the Pendency of this Agr€ement. 3. . Kidman's fees will be.charge on an hourly basis for all time actually expended and are generally billed monthly with payment due within thirty (30) days after the date of the bill. It is presently anticipated that Arthur G. Kidmarl will be principally involved in performing the legal services under this Agreement; however, Kidman will exercise its discretion to utilize whichever attomeys and staff it deems to be best suited to the task, consistent with the competent and efficient rendering of legal services. Client agrees to pay Kidman's hourly rates for the services performed for this Agreement during fiscal year 2018-2019 as follows: Arthur G. Kidman $400.00 AndrewB. Gagen $350.00 Kari Nieblas Vozenilek $300.00 Tiffany K. Ackley $300.00 4. Coss and Other Charees. Kidman will incur various costs and expens€s in performing legal services under this Agreernent. Client agrees to pay for those costs and expenses in addition to the hourly fees. Costs and expenses commonly include fees fixed by law or assessed by public agencies, long distance telephone calls, fax, messenger and other delivery fees, postage, parking and other local travel expenses, photocopying (charged at 25 cents per page) and other reproduction costs, clerical staff overtime, computer assisted research fees, travel costs beyond the metropolitan los Angeles area (including lodging meals and incidentals) if deemed necessary and other similar items. In addition, deposition reporter fees and hanscript fees and filing fees will be charged as incurred. 5. Retainer. No retainer is being required at this time. 6. Statements. Kidman shall send Client statements for fees and costs incurred on a periodic basis, generally monthly. These statements shall indicate the basis ofthe fees, including the hours worked, the billable rates charged, and a description ofthe work performed. 216 Monday, June 18, 2018, City Council Meeting Page No. 210 Client shall notiff Kidman in uniting if Client disputes any enty for legal services or costs on any Statement. If Client fails to do so within ttrirty (30) days of the date of the Statement, all such enties shall be acknowledged as correct as between Kidman and Client. Client shall have the right to request a current bill at any time covering Kidman's fees and costs to date and Kidman shall provide such a bill within ten (10) days of the request. 7. Disclaimer of Guarantee. Kidman has made no representations, promises or guarantees to Client regarding the outcome of Client's matter. Kidman's comments about the outcome of Client's matter at any time during the performance of services are merely expressions of opinion. Furthermore, Kidman cannot make any guarantee as to the amourt which Client will incur for attomeys' fees and costs in this matter, as those figures will wholly depend on the time and effort required to be devoted to the matter. Attomeys'fees, appearance fees and other costs and expenses, including filing fees, are not recoverable in eminent domain actions by a public agency. 8. Discharge and Withdrawal. Client may discharge Kidman at any time. Kidman may withdraw from Client's representation at any time, to the extentpermitted by law and the Rules of Professional Conduct, upon reasonable notice to Client. In the event of such discharge or withdrawal, Client shall pay Kidman fees and costs in accordance with this Agreement for all work done (and costs incuned) through the termination of Kidman's representation of Client. 9. Future Work for Other Clients. It is understood and agreed that Kidman's representation of Client in this matter is for the specific pulpose set forth in this Agreement, and Client agrees that Kidman may represent parties in the future on matters that may be adverse to Client, but subject to Client's approval and so long as such future representation does not involve confidential information which Kidman gained from its representation of Client pursuant to this Agreement. 10. Servin&as Witresses. If Kidman personnel are required to be witnesses or requested by Client to be witresses in a future matter relating to Kidman's work or activities for Client on this matter, Client shall pay Kidman for the time and costs it expends in accordance with the provisions of this Agreement. 11. Preservation of Files. Kidman has no duty to preserve and/or store any files in this matter after its work on the matter is concluded. Kidman may store all or portions of the files for so long as it determines to be appropriate and may forward to Client or purge those portions of its files that it determines not to preserve. 12. Malpractice Insurance. Kidman carries malpractice insurance above limits specified in Business & Professions Code Sections ila7@)(6) and 61a8(a)(a). 13. No Waivers. A waiver by either party of a breach of any of the conditions, terms or time requirements under this Agreement shall not be constnred as a waiver of any succeeding breach of the same or other conditions, terms or time requirements. 217 Monday, June 18, 2018, City Council Meeting Page No. 211 14. Integnation. This Agreement constitutes the entire Agreement between Kidman and Client with respect to this matter. 15. Fees and Costs to Enforce Aereement. In the event attorneys' fees and related costs are incurred to enforce this Agreement or to resolve a dispute under this Agreement, the prevailing party shall be entitled to recover, in addition to damages allowed by law, reasonable attorneys' fees and costs. Dated: 4/lrz-q-7: ,2018 KIDMAN LAw, LLP By: We have read and understood the foregoing terms and agree to them. Dated: 2018 CITY OF LA VERNE By: Mayor Don Kendrick By: Daniel W. Keesey, Director of Public Works Attest: Lupe Gaeta Estne[q Assistant City Clerk 218 Monday, June 18, 2018, City Council Meeting Page No. 212 This page left intentionally blank 219 Monday, June 18, 2018, City Council Meeting Page No. 213 AGREEMENT TO PROVIDE MANTENANCE SERVICES THIS AGREEMENT is made and entered into this 'lst day of July, 2018, by and between the City of La Verne, a municipal corporation, hereinafter referred to as "City," and Layne Christensen Company hereinafter referred to as 'Contractor." (A) City wishes to establish a contractiral relationship with Contractor to provide services and materials on an on-call basis when needed by City; and (B) City has not determined the exact nature, scope, or budget for these services and materials at this time; and (C) The City has qualified Contractor for providing these services and materials as to insurance and other provisions as specified in this Agreement; and (D) Contractor represents that it is a qualified and competent supplier of the services and items to be purchased under this Agreement. IT IS AGREED AS FOLLOWS: 1. Scooe of Services. The Contractor shall provide the following services: A. Maintain or repair pumps, wells, motors, controls and their related parts. Contractor shall employ, at aminimum, generally accepted standards and practices utilized by persons engaged in prilviding similar services as are required of Contractor herein under in meeting its obligations under this Agreement. 2. Operative Date. The services of the Contractor shall be available upon the execution of this Agreement from July 1 , 2018 through June 30' 201 9. 3. Request for services. city will request services pursuant to this Agreement and the Contrafrr Ii!-tne City snatt exeiute a purchase order specifying the nature and cost.of the servic,es to be provided for that specific request. Contractor shall acknowledge receipt and acceptance of ihe requested maierials and/or services by signing a copy of the purchase order and ieturning it to the City within ten ('10) days unless directed to reply sooner' 4. Nonexclusivitv. Nothing contained in this Agreement shall be construed or interpreted as givlng tfr-eContraAor any exclirsive right or priority to prwide any or all of the services described forces or any other person to i-n tfrii Agr""r"nt, and t[re City shall remain free to use its own provide Some or ill of those services as the City may in its sole discretion determine best meets the City's needs and interests. 5. compliance with Laws. The contractor shall comply with all applicable laws, codes, ordinanftginllegulations of governing federal, state and local laws. Contractor represents *"rr"ntr to Cit that it has all licenses, permits, qualifications and approvals of whatsoever "ndnature, which are legally required for contractor to practice its profession. contractor iepi""Lnt" and warrints to bity tnat Contractor shall, at its sole cost and expense, keep in effect oi'oot"in at all times during the term of this Agreement any licenses, permits, a.nd approvals *hi"h ar" legally required ior Contractor to perform the services requested under this 220 Monday, June 18, 2018, City Council Meeting Page No. 214 Agreement. lf providing services in the City, Contractor shall maintain a City business license pursuant to the City Municipal Code. 6. Sole Resoonsibilitv. Contractor shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement. 7. Accountinq. The Contractor shall present to the City, at the close of each calendar month, an itemized invoice which describes all services performed during said month, classified in such a manner as specified by the City. The City shall pay the Contractor within thirty (30) calendar days of such invoice. Records of the Contractor's direct personnel, contractor and reimbursable expenses pertaining to the work and records of accounts between the City and the Contractor, shall be kept on a generally recognized standard accounting basis and shall be available to the City or its authorized representative at mutually convenient times. The City may withhold payment s for individual items if disputed. The City and Contractor shall make their best efforts to resolve disputed items. 8. Cost of Services and Materials. Pricing for those services shall be specified in the purchase order and attachments to the purchase order for the specific services and materials requested by the City. ln no event shall a single purchase under this Agreement exceed a total of One Hundred Twenty Five Thousand ($125,000.00) during the effective period of this agreement. 9. lnformation/Report Handlinq. All documents furnished to Contractor by the City and all reports and supportive data prepared by the Contractor under this Agreement are the City's property and shall be delivered to the City upon the completion of Contractor's services or at the City's written request. All reports, information, data, and exhibits prepared or assembled by Contractor in connection with the performance of its services pursuant to this Agreement are confidential until released by the City to the public, and the Contractor shall not make any of the documents or information available to any individual or organization not employed by the Contractor or the City without the written consent of the City before such release. '10. Availabilitv of Records. Contractor shall maintain the records suppoffng this billing for not less than three (3) years following completion of the work under this Agreement. Contractor shall make these records available to authorized personnel of the City at the Contractor's offices during business hours upon written request of the City. 11. Proiect Manaoers. The designated Project Manager is Daniel Keesey, Director of Public Works, who shall represent the City on all matters hereunder. He shall have the right of general supervision of all the work performed by the Contractor and shall be the City's agent with respect to the review, critique and approval of the services of the Contractor. He shall arrange for ihe orderly administration of the scope of services by the Contractor, including provisions for work authorizations and coordination of performance. The Operations Manager shall have the right to delegate supervision of certain projects and areas of the Agreement. 12. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To City: Daniel W. Keesey, Director of Public Works City of La Verne 3660 D Street La Verne, CA 91750 221 Monday, June 18, 2018, City Council Meeting Page No. 215 To Contractor: Layne Christensen 11001 Etiwanda Avenue Fontana, CA 92337 or personally delivered to Contractor to such address or such other address as Contractor designates in writing to City. 13. lndeoendent Contractor. lt is understood that the Contractor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the City. As an independent contractor, neither Contractor nor any of its officers or employees shall obtain any rights to retirement benefits or other benefits, which accrue, to City employee(s). With prior written consent, the Contractor may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. The contractor warrants that it shall pay and withhold all payroll taxes and similar payments as required by law. lncluding state and federal income tax, state disability insurance premiums, Social security taxes and unemployment shall maintain workers' compensation insurance as required by law. 14. Nondiscrimination. Contractor warrants that it is an equal opportunity employer and shall cornply with applicable regulations governing equal employment opportunity. Contractor does not ind shall not discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the califomia Fair Employment & Housing Act. ln performing services under this Agreement, contractor shall not discriminate against any applicant or designer on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition. 15. Emplovment of Aliens. A. Contractor warrants that it fully complies with all laws regarding employment of aliens and others, and that all its employees performing services hereunder meet the citizenship or alien status requirements contained in federal and state statutes and regulations, including, but not limited to, the lmmigration Reform and control Act of 1986 (P. L. 9e-603). B. Contractor shall obtain from all covered employees performing services hereunder, all verification and other documentation of employment eligibility status required by federal statues and regulations as they currently exist and as they may be hereafter amended. c. contractor shall retain such documentation for all covered employees for the period prescribed by law. D. Contractor shall indemnify, defend, and hold harmless, the City, its officers and. employees from employer sanctions and any other liability which may be assessed agdinst Ctty in connection with an alleged violation of federal or state statutes or 222 Monday, June 18, 2018, City Council Meeting Page No. 216 regulations pertaining to the eligibility for employment of person performing services under this agreement. 16. Backqround Check. The City, at its discretion, reserves the right to complete a background check for any employee prior to working in any city facility. Costs associated with the background check will be paid by the City. '17. Citv Kev Policies and Procedures. Keys will be issued to the Contractor and designated employees upon written approval from Department Head and Director of Public Works. A deposit of $1 00.00 is required for the first key and $50.00 for each key thereafter. Deposit is refundable upon return of the key. Lost or stolen keys require a replacement fee as established by the Director of Public Works. lndividuals issued keys should be aware of security issues involved with the loss of city keys and should exercise responsible measures to keep keys secure. Access to city property is normally after city business hours with the exception of the Public Safety Facility and the Yard. Usual and customary business practices should be used to determine the hours that maintenance will be performed. '18. lnsurance. Contractor shall procure and maintain for the duration of the Agreement insurance ag6hst claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, Contracto/s agents, representatives, employees or subcontractors. The cost of such insurance Shall be included in the Contractot's pricing. A. Mi lnsurance Services Office Commercial General Liability coverage (form GC OOO1 ), or its exact equivalent with an edition date prior to 2004. [. lnsurance Services Office form number CA 0001 or equivalent covering Automobile Liability, code 1 per accident and endorsement CA 0025. t Workers Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. IB Contractor shall maintain limits no less than: i. General Liability: $5,OOO,OOO combined single limit per occurrence for personal injury and property damage. lf Commercial bodily injury, .. .. . Gen;ral-Li;bility lnsurance or other form with a general aggregate limit is used, the general aggregate limit shall be $10,000,000' ii.AutomobileLiability:$l,0OO,OOOcombinedsinglelimitperaccidentfor bodily injury and ProPerty damage. iii.Workers'CompensationandEmployersLiability:Workers'compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident or disease' 223 Monday, June 18, 2018, City Council Meeting Page No. 217 C. Ded Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, an defense expenses. D. Other lnsurance Provisions The policies are to contain, or be endorsed to contain the following provisions: i. The City of La Verne, its officers, officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of La Verne, its officers, officials, employees, or volunteers, and shall be provided on lnsurance Services Office Form CG 20 10 with an edition date prior to 2004, or is exact equivalent. Additional insured status for completed operations shall be provided either in the additional insured form or through another endorsement such as CG 20 37 with an edition date prior to 2004. I The Contractor's insurance coverage shall be primary insurance as respects the City of La Verne, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City of La Verne, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's lnsurance and shall not contribute with it. l. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City of La Verne, its officers, officials, employees, agents or volunteers. iv The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. No liability insurance coverage provided to comply with this Agreement shall protiibit Contractor, or Contractor's employees, or agents, from waiving the right of recovery prior to a loss. Contractor waives its right of recovery against City. E. The insurer shall agree to waive all rights of subrogation against the City of La Verne, its officers, officials, employees, agents or volunteers for 224 Monday, June 18, 2018, City Council Meeting Page No. 218 losses arising from work performed by the Contractor for the City of La Verne. F. All Coveraoe Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty days prior written notice by certified mail, return receipt requested, has been given to the City of La Verne. G. Acceptabilitv of lnsurers lnsurance is to be placed with insurers with a Best's rating of no less than A:Vll. H. Verification of Coveraoe Upon execution of this Agreement, Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the City. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. l. Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. J. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 19. lndemnification. The Contractor shall save, keep and hold harmless indemnify and defend the City its officers, agents, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Contractor, or any of the Contractor's officers, employees, or agents or any subcontractor. This provision shall not apply if the damage or injury is proximately caused by the gross or active negligence or willful misconduct of the City, its officers, agents, employees, or volunteers. 20. Bonds. lndividual job orders from the City may require performance or labor and material bonds in conformance with City's Standard Specifications. ln any event, for any work or services ordered in excess of $75,000, Contractor shall provide, before undertaking any work on that project, a surety bond in an amount equal to at least one hundred percent (100%) of the contract price as security for the payment of all persons performing labor and furnishing materials in connection with this contract pursuant to State law. 225 Monday, June 18, 2018, City Council Meeting Page No. 219 21. Prevailino Waoes. Unless otherwise authorized in writing by the City, Contractor shall comply with Labor Code Sections 1774 and 1775. The current schedule of prevailing wage rates supplied by the State Department of lndustrial Relations is on file and is available for inspection in the office of the City Clerk of the City of La Verne in City Hall at 3660 D Street, La Verne, California. The City shall not supply copies of this schedule for posting on the job site unless specifically requested to do so by the Contractor. lf the Contractor intends to use a craft or classification not shown on the general prevailing wage determinations, it may be required to pay the wage rate of the craft or classification most closely related to it as shown in the general determinations effective at the time of the purchase order. lf the Contractor intends to use a craft or classification not shown, it shall notify the City at least five (5) working days before the execution of the purchase order. lt is the Contractor's obligation to ensure that prevailing wages are paid in conformance with State law and regulations for projects subject to this agreement. 22. Contractor's Schedule of Fees. This agreement is essentially a "time and materials' contract. As such, Contractor agrees to provide services, including labor, equipment and material mark-ups, per the rates shown in Exhibit A of this agreement. The only modifications to Exhibit A during the effective period of this agreement shall be with respect to labor rates and prevailing wage requirements as noted in Section 16 of this agreement. 23. Time of the Essence. Prompt delivery of the services and materials is essential to this Agreement. 24. Terminalion. This Agreement may be terminated at any time by giving thirty (30) days written notice to the other party. Any work, services, or materials being performed or delivered at the time notice of termination of this Agreement is given shall be completed and paid for pursuant to this Agreement and California law. 25. Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of the Agreement. 26. Modifications. No modification, waiver, termination, or amendment to this Agreement is effective unless made in writing signed by the City and the Contractor. 27. Severabilitv. lf any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 28 Entire Aqreement. This Agreement sets forth the entire understanding between the parties 226 Monday, June 18, 2018, City Council Meeting Page No. 220 This Agreement shall be effective from and after the date set forth below and opposite the respective signatures of the parties. The operative date of this Agreement shall be July 1 ,2018 to June 30,2019. Date CITY OF LA VERNE A Municipal Corporation Don Kendrick, Mayor Attest: Lupe Gaeta Estrella, Assistant City Clerk Layne Christensen Company Todd Howard 227 Monday, June 18, 2018, City Council Meeting Page No. 221 Exhibit A Contractor's Schedule of Fees July 1, 2018 through June 30, 2019 228 Monday, June 18, 2018, City Council Meeting I.AYNE CH N S TENSEN COM PAN Y \\'Nw.laynechPage stensen.com No. 222 City of La Verne Contract Rates Price List (Prevailing Wage Rates) Effective 7 I 1 12018 through 6/30/201 I 'x' Description Crew Size Unit E Rig and Service Truck 2 Men $340.00 Hour E Rig and Service Truck 3 Men $467.00 Hour E Rig and Service Truck 4 Men $588.00 Hour E Combo Rig and Service Truck 2 Men $3s2.00 Hour E Rotary Crane - 12 Ton & Below 1 Man $225.00 Hour EI Crane l2Ton & Below 2 Men $383.00 Hour E Rotary Crane - 30 Ton & FMC l Man $337.00 Hour E Rotary Crane - 75 Ton 'I Man $416.00 Hour E Delivery Truck 1 Man $1 13.00 Hour E Service Truck 1 Man $189.00 Hour E Service Truck 2 Men $320.00 Hour E Tractor Trailer 1 Man $178.00 Hour E Wire Brush Rental x $81s.00 Each E Air Compressor Rental (450 CFM & Smaller) x $107.00 Hour E Air Compressor Rental (451 CFM & Larger) x s195.00 Hour E Water Treatment PLC Programmer 1 Man $215.00 Hour Electrician and Service Truck 1 Man $190.00 Hour E ,l E Service Truck with Boom Man $200.00 Hour E Welding Truck 1 Man $190.00 Hour 'r3.00 El General Shop Labor 1 Man $1 Hour E Machine Shop Labor 1 Man $1 13.00 Hour E Welding Shop Labor 1 Man sl 13.00 Hour E Additional Rig Helper 1 Man $126.00 Hour E Tube and Shaft Repair El2'ffiough2-112" x $13.65 Foot E 3' Through 4" x $15.25 Foot E Video Log x $1,365.00 Well E Camera Operator- ln Excess of 5 Hours Portal to Portal ADD x $1 12.00 Hour Camera Operator - ln Excess of 5 Hours on Site ADD x $180.00 Hour Re-Video Same Well x $1,215.00 Well E Each E Photo - Still Shots x $ 53.00 fl Duplicate Tape/DVD x $120.00 Each Hour Test Pump, Operator & Fuel 300HP&Below 1 Man $388.00 E ,| E Test Pump, Operator & Fuel 301 HP - 500 HP Man $557.00 Hour Hour Test Pump, Operator & Fuel 501 HP - 750 HP 1 Man $714.00 E Hour E Test Pump, Operator & Fuel 751 HP - 1000 HP 1 Man $872.00 E Portable Steam Cleaner x $252.00 Day E Aqua Freed Unit, Operator and Pick-up Truck l Man $220.00 Hour Hour E Chemical Trailer, Tractor, Rig and Service Truck 3 Men $611.00 Hour Chemical Trailer, Tractor, Rig and Service Truck 2 Men $494.00 E Hour E Chemical Neutralization Trailer and Operator l Man $217.00 Professional Semices for Water Systems NTP CONF1RMING ORDER Page ll JSOUTHERN CA.PREVAILOiG 229 RATES 2OII Monday, June 18, 2018, City Council Meeting I.AYNE CHRISTENSEN COMPANY rvww. laynec hristensen.comPage No. 223 City of La Verne Contract Rates Price List (Prevailing Wage Rates) Effective 7 I 1 12018 through 6/30/209 "X' Description Crew Size Rate Unit E Backhoe with Trailer and Truck 1 Man $183.00 Hour g Bucket Rig and Service Truck 2 Men $410.00 Hour EI Water Truck 1 Man $170.00 Hour fl Bore Blasting (0 500') + Rig Rates x $5,250.00 Lump Sum E Bore Blasting (500 - 1000') + Rig Rates x $6,300.00 Lump Sum E Bore Blasting (1000 - 15OO') + Rig Rates x $7,875.00 Lump Sum E Bore Blasting (1500 - 2000') + Rig Rates x $12,075.00 Lump Sum ! Operating Engineer- tr OVERTIME - Saturday & Over 8 Hours per Day 1-112X ADD $144.00 Man/Hour tr OVERTIME - Over 12 Hrs One Day/Over 12 Hrs on Saturday 2X ADD $19s.00 Man/Hour tr OVERTIME - Sunday ADD $195.00 Man/Hour tr OVERTIME - Holiday ADD $250.00 Man/Hour E Laborer- tr OVERTIME - Saturday & Over 8 Hours per Day 1-112X ADD $110.00 Man/Hour tr OVERTIME - Over 12 Hrs One Day/Over 12 Hrs on Saturday 2X ADD $110.00 Man/Hour tr OVERTIME - Sunday ADD $1s5.00 Man/Hour tr OVERTIME - Holiday ADD $1ss.00 Man/Hour tr T-3 Drilling (rig only) 2 Men $42s.00 Hour E Hammer Drilling (rig only) 2 Men $425.00 Hour El Becker Hammer Testing (rig only to 50') 2 Men $425.00 Hour E Support Equipment for above rigs 1 Man $200.00 Hour tr OVERTIME - Sunday 2X ADD $126.00 Man/Hour tr OVERTIME - Holiday 2-112X ADD $163.00 Man/Hour Above rigs are subject to tooling charge Notes (applies to all items abovel: 1) All prices, equipment, and tools are subject to availability and change without notice. 2) Straight time-fiist 8 hours per day; Overtime-additional time beyond initial 8 hours per calendar day. 3) All rig rates include specified crew, standard service truck, and standard rig tooling and equipment. 4) All rn'aterials, drilling bits, drilling fluids, supplies, pump parts, and consumables will be billed in addition to the rates stated. 5) All support equipment will be invoiced at the rate quoted, plus applicable trucking and handling charges to move equipment to'and from our yard location. Equipment provided on a day rate basis will be charged in whole day increments, regardless of actual time utilized. Professtonal Servtces for Water Systenrs NTP CONFIRMINC ORDER Page l2 JSOUTHERN CA.PREVAILING 230 RATES 2OI I Monday, June 18, 2018, City Council Meeting Page No. 224 DATE (MtirrDO/YYYY) -- CERTIFICATE OF LIABILITY INSURANCE o4111t2018 oFlNFoRMATloNoNLYANDcoNFERsNoR|GHTsuPoNTHEcERT!FlcATEHoLDER.THls GERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY A]I,IEND, EXTET{D OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERT]FICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE TSSUING INSURER(S), AUTHORIZED REPRESENTAT]VE OR PRODUCER, ANDTHE CERTIFICATE HOLDER, NSURED,thepolicy(1es}mu3thaveADDlT1oNALl1{SUREDprovisionsorbeendoBed' lf SUBRoGATION lS WAIVED, subjoct to the t€rm3 and condltions of the pollcy, cortain pollcies may require an endorsement. A statemont on this certificate does not conier rlghts to the certaficato hrllar ir liarr af crrah anr{anamanllel PRODUCER MCGRIFF, SEIBELS & WLLIAMS OF TEXAS, INC. 713-877-8975 713-877-8974 818 Town & Country Blvd, suite 500 Houston, IX7702U549 fd.M{i[Iidi rNsuRER A Zurich American lnsurance Company 16535 INSURED rNsuRER B:Underwriters at Llovd's London LAYNE CHRISTENSEN COMPANY aoln 1717 W. PARK AVE lNsuRER c :American Zurich lnsurance Company REDLANDS, CA 92373 rNsuRER D Zurich American lnsurance Companv of lllinois )7e55 rNsuRER E :American Guarant€e and Liability lnsurance Company )6)47 INSURER F: POLICY PERIOD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVts tsEEN Ilil;UEU IU THE INSURED NAMED ABOVE FOR THE INDICATED. NOTWTHSTANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO VVI-IICH THIS ALL THE TERMS, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOVVN MAY HAVE BEEN REDUCED BY PAID CLAIMS. tNsR-T- ' [rffiai lrR I TYPE OF INSURANCE ( 3LO 0194362-01 oatgllzol oato1t201a EACH OCCURRENCE $ 1,250,000 x COMMERCIAL $ 1,000,000 CLAIMS-MADE OCCUR MED EXP (Anv one osrson) 5 10,000 PERSONAL & ATI/ INJURY $ 1,250,000 GENERAL AGGREGATE s 10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO. AGG 1 0,000,000 POLICY x LOC PRODUCTS. COMP/OP $ JECT E $ OTHER: 08t01t2017 0E/01/2018 AUI]C'MOBILE LIABIUTV IAP 0194359-01 s 5,000,000 (Per person) x ANY AUTO BODILY INJURY s O\^JNEO SCHEOULED BODILY INJURY (Por accident) AUTOS ONLY AUTOS HIRED NON.OWNEO $ AUTOS ONLY AUTOS ONLY $ AUC 0194471-01 08to1t2017 08/01/2018 5,000,000 E, x UMBRELLA LIAB x OCCUR E4C!' lqgl8BElgt $ 5,000,000 x EXCESS LIAB AGGREGATE $ (AOS) PtH IUIH- c WORKERS COMPENSANON /\rc 019436C02 08t01t20'17 oalul2018 x ctatt tYE IED D AND EIIIPLOYERS' LIABILIW irc 0194361-02 (W & MA) E EACH ACCIDENT s 5,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE L N N'A OFFICER/MEMBER EXCLUDED? . 5,000,000 (Mandrtory ln NH) E L OISEASE EA EMPLOYEE $ It ves. describ€ undgr E L, DISEASE. POLICY LIMIT $ 5,000,000 nFSCRIPTIoN oF OPERATIONS bdM All Leased & 9wneo s Contractors Equipment EG0376516 11t0112016 071o1t2018 Equipment Per Occurtence: s 5.000,000 $ s s SHOULD ANY OF THE ABOr'E DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IT{ ACCORDANCEWITH THE POLICY PROVISIONS. REPRESENTATIVE CITY OF LAVERNE AUTHORIZED 3660 "D" STREET LAVERNE, CA9175O , tfi- Page 1 of 1 5 ACORD rights reservgd. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 231 Monday, June 18, 2018, City Council Meeting Page No. 225 a Broad Form Additional Insured Coverage - Owners, ZURICH Lessees Or Contractors - Scheduled Person or Organization Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'|. Prem Return Prem. GLO 0194362-01 08t01t2017 08/01/2018 o81o1t2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part Name Of Additional lnsured Person(s) Or Oroanization(s): Location And Description Of Covered Operations ANY PERSON OR ORGANIZATION TO WHOM OR TO ANY LOCATION WHERE YOU HAVE AGREED, WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL THROUGH WRITTEN CONTRACT, AGREEMENT OR INSURED STATUS IN A WRITTEN CONTRACT OR PERMIT, EXECUTED PRIOR TO THE LOSS. WRITTEN AGREEMENT EXECUTED PRIOR TO THE LOSS EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW. A. Section ll - Who ls An lnsured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule of this endorsement. B. The insurance provided to the additional insured shown in the Schedule of this endorsement applies only to "bodily injury", "property damage" or "personal and advertising injury" covered under Section I - Coverage A - Bodily lniury And Property Damage Liability and Section I - Coverage B - Personal And Advertising lnjury Liability, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused: 1. ln whole or in part by your acts or omissions or the acts omissions of those acting on your behalf; or 2. Unless prohibited by law, solely by acts or omissions of such additional insured, if coverage for sole acts or omissions of the additional insured is required by written contract or written agreement, and resulting from: a. Your ongoing operations; or b. "Your work" completed as included in the "products-completed operations hazard", performed for the additional insured at the location designated and described in the Schedule of this endorsement. However, u-GL-1321-E CW (10/13) Page 1 of 3 lncludes copyrighted material of lnsurance Services Office, lnc., with its permission. 232 Monday, June 18, 2018, City Council Meeting Page No. 226 1. The lnsurance afforded to such additional insured: Only applies to the extent permitted by law: and a, Will nol apply to any insurance coverage that is not provided to you in this policy; and 2. lf coverage provided to the additional insured is required by a written contract or written agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. C. With respect to the insurance afforded to the additional insured shown in the Schedule of this endorsement the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architeclural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if lhe "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising iniury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. D. The additional insured shown in the Schedule of this endorsement must see to it that: '1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which such additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named lnsured, if the written contract or written agreement requires that this insurance be primary and non{ontributory. E. For purposes of the coverage provided by this endorsement: 1. The following is added to the Other lnsurance Condition under Section lV - Commercial Genelal Liability Conditions: Primaryand oncontributoryinsurance This lnsurance is primary to and will not seek contribution from any other insurance available to an additional insured under this endorsement provided that: a. The additional insured is a Named lnsured under such other insurance; and b. You are required by a writlen contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other lnsurance Condition under Section lV - Commercial General Liability conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an addilional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suil". This provision does not apply to any policy in which the additional insured is a Named lnsured on such other policy and where our policy is required by a written contract orwritten agreement to provide coverage to the additional insured on a primary and non-contributory basis. F. with respect to the insurance afforded to the additional insured(s) under this endorsement, the following is added to Section lll - Limits Of lnsurance: u-GL-'t321-E CW (1(}13) Page 2 ol3 lncludes copyrighted material ol lrsurance services office, lnc., with its permission. 233 Monday, June 18, 2018, City Council Meeting Page No. 227 lf coverage provided to the additional insured is required by a written contract or written agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement; or 2. Available under the applicable Limits of lnsurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of lnsurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. u-GL-1321-E CW (1013) Page 3 oI3 lncludes copyrighted malerial of lnsurance Services Ofiice, lnc., with its pemission. 234 Monday, June 18, 2018, City Council Meeting Page No. 228 Other Insurance Amendment - Primary And Non- Contributory ZURICH Policl No. E f. Date of Pol. Exp. Dale ot Pol. Eff. Date of End. Producer No. Add'I. Prem Retum Prem. GLO 0194362-01 08/01/2018 120'17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named lnsured: Address (including ZIP Code): This endorsement modifies insurance provided under the: Commercial General Liability Coverage Pa.t 1. The following paragraph is added to lhe Other lnsurance Condition of Section lV - Commercial General Liability Conditions: This insurance is primary insurance to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: a. The additional insured is a Named lnsured under such other insurance; and b. You are required by a written conlract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other lnsurance Condition of Section lV - Commercial General Liability Conditions: This insurance is excess over: Any ofthe other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named lnsured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. All other terms and conditions of this policy remain unchanged. u-GL-l327-8 CW (04/13) Page 1 of 1 lncludes copyrighted malerial of lnsurance SeNices Office, lnc., with its permission. 235 Monday, June 18, 2018, City Council Meeting Page No. 229 AGREEI'IENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 1st day of July, 2018, by and between the City of La Verne, a municipal corporation, hereinafter referred to as "City" and Leighton Consulting, !nc. hereinafter referred to as "Consultant." WITNE SSETH THE PARTIES hereto agree as follows ARTICLE I NATURE OF SERVICES Consultant shall provide soils testing, soils compaction, and other geological services as requested by the City. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. ARTICLE II DIRECTOR OF PUBLIC WORKS SUPERVISION The Director of Public Works shall have the right of general supervision of all the work performed by the Consultant and shall be the City's agent with respect to the review, critique and approval of the services of the Consultant. He shall arrange for the orderly administration of the scope of services by the Consultant, including provisions for work authorizations and coordination of performance. The Director of Public Works shall have the right to delegate supervision of certain projects and areas of this Agreement. The Director of Public Works shall establish written work authorization procedures. ARTICLE III OWNERSHIP OF DOCUMENTS Ownership of original plans, drawings, specifications, exhibits and texts created in the fulfillment of this Agreement shall belong to the City. The Consultant may retain copies of all records. The City shall make available to the Consultant all records, reports, files and other documents necessary by the Consultant to properly perform the services required by the City. ARTICLE IV DESIGNATION OF CONSULTANT A. GONSULTANT - As an express condition of the City entering into this Agreement, the Consultant shall assign Tom Benson as its project manager and primary point of contact with the City. As Leighton's project manager, Tom Benson shall be directly responsible for the performance of work required pursuant to this Agreement. lf, at any time, Tom Benson is not available to manage the Consultant services to be performed under the terms of this Agreement, the Consultant shall advise the City. This Agreement shall be immediately cancelable at the option of the City of La Verne and the City will no longer be bound to make compensation to the Consultant for services rendered after the date Tom Benson is no longer available to provide such project management. The Consultant's project manager for the City of La Verne shall be Tom Benson and Leighton Consulting, lnc. will not designate any other person to perform such services. Tom Benson may be assisted by other members of Leighton Consulting, lnc. as may be necessary and in the best interests of the City. 236 Monday, June 18, 2018, City Council Meeting Page No. 230 B ASSIGNMENT OF TRANSFER - This Agreement covers professional or specialized services of a specific and unique nature and the Consultant shall not assign, sublet or transfer Consultant's interest in this Agreement without the prior written consent of the City. ARTICLE V OPERATIVE DATE AND TERM This Agreement shall be operative as of the date the Agreement is entered into by and between the City and Leighton Consulting, lnc. and shall continue in effect until June 30, 2019 or such time as the Agreement is terminated by either party. The City may terminate this Agreement by giving a thirty (30) day written notice and the Consultant may terminate this Agreement upon giving a sixty (60) day notice. lnasmuch as the services to be provided under this Agreement are professional services, termination by either party shall be with due regard to the interests of the other party. lf Consultant terminates, it shall, at the request of the City, use its best efforts to perform essential services under this Agreement until a replacement has been selected. ln the event of such termination, Consultant shall be entitled to reimbursement for all expenses incurred by it prior to expiration of such notice. ARTICLE V! WARRANTS BY CONSULTANT The Consultant shall be an independent contractor and not an employee of the City under this Agreement and every person providing services under this Agreement, other than the Consultant, shall be the employee or subcontractor of the Consultant. The Consultant warrants that it shall pay and withhold all payroll taxes and similar payments, as required by law, including state and federal income tax, state disability insurance premiums, social security taxes and unemployment taxes, and shall maintain workers' compensation insurance as required by law. The Consultant agrees to indemnify the City and hold it harmless from any claim for compensation, or injury or illness due to the Consultant's negligence arising within the scope of the Consultant's participation or the Consultant's employees performing service under this Agreement. During the term of this Agreement, the Consultant shall maintain in full force and effect and deposit with the City insurance or a certificate of insurance which shall evidence the fact that the Consultant has in full force and effect comprehensive General Liability lnsurance, Professional Liability lnsurance, Excess Liability lnsurance and Automobile Liability lnsurance in the amount of not less than One Million dollars ($1,000,000). Said policy shall contain a provision that the same cannot be canceled without at least thirty (30) days prior written notice to the City of such cancellation. Within ninety (90) calendar days of this Agreement the Consultant shall provide an insurance policy in the amount specified above which shall name the City as additional insured. The Consultant shall comply with all of the provisions of the Worker's Compensation lnsurance and Safety Acts of the State of California, the applicable provisions of Divisions 4 and 5 of the California Labor Code and all amendments thereto; and all applicable state or federal acts or laws; and shall indemnify and hold harmless the City from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorneys fees and costs presented, brought or recovered against City, for or on account of any liability for failure to obtain Worker's Compensation lnsurance for employees employed by Consultant under this Agreement. 237 Monday, June 18, 2018, City Council Meeting Page No. 231 ARTICLE VII WARRANTS BY CITY The City agrees that the Consultant shall not be liable for injury or damage to a person or property that should be occasioned or caused by an intentional act, a negligent act or an omission of the City or its members, officers, agents, employees, subcontractors, their agents, officers or employees, and that the City will hold the Consultant, its officers, agents and employees harmless from liability thereof, and will defend the same in respects to any claim or legal action that might ensue as a result of such injury or damage, including the payment of reasonable attorney's fees. ARTICLE VIII ACCOUNT!NG The Consultant shall present to the City, at the close of each calendar month, an itemized invoice which describes all services performed during said month, classified in such manner as specified by the City. The City shall pay the Consultant within thirty (30) calendar days of such invoice. Records of the Consultant's direct personnel, consultant and reimbursable expenses pertaining to the work and records of accounts between the City and the Consultant, shall be kept on a generally recognized standard accounting basis and shall be available to the City or its authorized representative at mutually convenient times. The City may withhold payments for individual items if disputed. The City and Consultant shall make their best efforts to resolve disputed items. ARTICLE IX ATTORNEYS FEES lf any action at law of suit in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which it may be entitled. ARTICLE X NOTICES Whenever it shall be necessary for either party to serve notice on the other respective party of this Agreement, such notice shall be served in writing to the following: Daniel W. Keesey, Director of Public Works City of La Verne 3660 "D" Street La Verne, CA 91750 Tom Benson Leighton Consulting, lnc. 10532 Acacia Street, Ste. 8-6 Rancho Cucamonga, California 91730 238 Monday, June 18, 2018, City Council Meeting Page No. 232 ARTICLE X! CONFLICTS OF INTEREST The Consultant hereby attests that it has no conflicts of interest regarding services contained in this Agreement. Conflict of interest is defined as if Leighton Consulting, lnc. enters into a contract, has cunent a contract assigned, or receives compensation to provide a private client, developer or builder consulting services for projects inside or outside of the City of La Verne who is currently developing or building within the City or within the City's planning sphere of influence. The Consultant states that it will avoid future conflicts of interest and, in the case of an assigned Leighton Consulting, lnc. contract, will immediately disclose the conflict of interest to the Director of Public Works. The Director of Public Works shall determine if a modification to Leighton Group lnc. City contract to mitigate the impact of the conflict of interest is necessary and implement the same. This resolution of the issue shall be done in writing. The Consultant hereby attests that Consultant employees working on City of La Verne projects own no property within the City of La Verne, or the planning sphere of influence larger than one acre in gross size. ARTICLE XII AFFIRiIIATIVE ACTION Through this Agreement the Consultant affirms its commitment of equal employment opportunities for all individuals and will make every effort to recruit, hire, train and promote qualified persons, particularly from groups which are victims of discrimination due to race, color, creed, age, national origin, sex or handicap. Every effort will be made to insure the maintenance of a full and effective affirmative action program. Compensation of the work force will be routinely monitored to detect any disproportionate level of employees from the above groups. Special efforts will be made to conect any deficiencies that are observed. All supervisory staff will comply with equal employment opportunity guidelines to insure that inadvertent discrimination does not unfairly screen out the individuals from the above groups. Supervisory staff will hold periodic meetings with employees under their direction to assist in developing themselves with employees with regard to employment and education. Supervisory staff will insure that the above individuals are given equal opportunity, that all employees are not locked into positions because of their color, race, sex, national origin, age, religion or handicap. ARTICLE XIIII INSURANCE REQU!REi,lENTS Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, Contracto/s agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contracto/s pricing. A. Minimum Scope of lnsurance - Coverage shall be at least as broad as: i. lnsurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or lnsurance Services Office Commercial General Liability coverage (form GC 0001). 239 Monday, June 18, 2018, City Council Meeting Page No. 233 ii. lnsurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 per accident and endorsement CA 0025. iii. Worke/s Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. B. Minimum Limits of lnsurance - Contractor shall maintain limits no less than: General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. lf Commercial General Liability lnsurance or other form with a general aggregate limit is used, the general aggregate limit shall be $2,000,000. . Automobile Liability: $1 ,000,000 combined single limit per accident for bodily injury and property damage. iii. Errors and omissions: $1,000,000 per occurrence and aggregate. iv. Workers' Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident or disease. c i. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respecls the City, its officers, officials, employees and volunteers; orthe Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. D - The policies are to contain, or be endorsed to contain the following provisions: The City of La Verne, its officers, officials, employees, agents and volunteers are to be covered as insured as respec'ts: liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of the Contrac'tor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or bonowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of La Verne, its officers, officials, employees, or volunteers. ii The Contracto/s insurance ooverage shall be primary insurance as respects the City of La Veme, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City of La Veme, its officers, ofiicials, employees, agents or volunteers shall be in excess of the Contractor's lnsurance and shall not contribute with it. 240 Contracy'Agmt I 04 Monday, June 18, 2018, City Council Meeting Page No. 234 Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City of La Verne, its officers, officials, employees, agents or volunteers. iv The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insure/s liability. v. Auto shall cover owned, non-owned, and hired vehicles E. Workers'CompensationandEmployersLiabilityCoverage The insurer shall agree to waive all rights of subrogation against the City of La Verne, its offlcers, officials, employees, agents or volunteers for losses arising from work performed by the Contractor for the City of La Verne. F. All Coverage Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty days prior written notice by certified mail, return receipt requested, has been given to the City of La Verne. G. Acceptabilitv of lnsurers lnsurance is to be placed with insurers with a Best's rating of no less than A:Vl! H. Verification of Coveraqe Upon execution of this Agreement, Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the City. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. l. Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. ARTICLE XIV ENTIREW OF AGREEMENT This Agreement represents the entire Agreement between the City and the Consultant and supersedes any agreements and all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the City and the Consultant. 241 Monday, June 18, 2018, City Council Meeting Page No. 235 ARTICLE XV RENEWALS This Agreement is subject to renewal by mutual agreement of both parties. Any modification to this Agreement or changes in fee structures or compensation must be proposed in writing to the other party NO LATER THAN April 30 of the ensuing fiscal year. ARTICLE XVI OPERATIVE DATE This Agreement shall be effective from and after the date set forth below and opposite the respective signatures of the parties. The operative date of this Agreement shall be July 1 ,2018 to June 30,2019. Date CITY OF LA VERNE A municipal corporation Don Kendrick, Mayor Attest: Lupe Gaeta Estrella, Assistant City Clerk Date: LEIGHTON CONS TING, INC It tO, O Thomas C. Benson, Jr. President and CEO 242 Monday, June 18, 2018, City Council Meeting Page No. 236 ATTACHMENT ''A'' SCHEDULE OF HOURLY RATES (see attached 4-page 2018 Professional Fee Schedule) Effective date: July 1,2018 to June 30, 2019 243 Monday, June 18, 2018, City Council Meeting Page No. 237 7m o IONAL FEE SCHEDULE Leighton CLASSIFICATION $,HR CLASSIFICATIOII| $,HR Tedrnidan I 85 Projec{ AdminiskatorMod Processor/Dispatcher 80 Tedrnician ll/ Special lnspeclor 99 lnformation Specialist '110 Senior Technician / Seniof Special lnspeclor 110 CAD Operabr 125 Prevailing Wage (Field Sdb / Materials TesEr) ' 139 GIS Specialist '140 Prevailing Wage (special lnspecta) ' 145 GIS Analyst 165 Prevailing Wage (Source lnsp€clor, NDT and sdl remediation O&M)' 150 Staff Engineer / Geologist / Scientist 150 't40 Systsm Operation & Maintenance (O&M) Specialist Senior Sffi Engineer / Geologist / Scientist / ASMR 160 '150 Non Destucti\re T$ting (NDT) OpeBtions / Laboratory Manager 180 Deputy lnspecbr '110 Project Engineer / Geologist / Scientist 180 Field / Laboratory Supervisor 145 Senior Prcjec't Engineer / Geologist / Scienlist / SMR 200 Source lnspector 135 Associate 220 City of Los Angeles Deputy Building (including Grading) lnspeclor '155 Prindpal 240 Senior Pdncipal 290 ' See Prevailing Wages in Terms and Conditions GEOTECHNICAL LABORATORY TESTIITG METHOD $TtEST METHOD $TTEST Califomia Bearing Ratio (CBR, ASTM D1883): CLASSIFICATIOI{ & INDEX PROPERTIES 3 point 500 Phobgraph ol sample 10 - point Moisture content (ASTM 02216) 20 - l 185 (AASHTO Moisture & density (ASTM 02937) ring samples 30 R-Value T190/ASTM 02844/CTM 301) untreaEd 310 soils/aggregabs Moisture & density (ASTM D2937) Shelby tube or dttting 40 R-Value T1go/ASTM 02844/CTM 301) lime or cement 340 Atterberg limib (ASTM 81318) 3 pints: 150 IAASHTO trcaEd soilJaggregates -Single point, non-plastic 85 -Aterbery limits (organic ASTM 02487 / D4318) 180 SOIL CHEMISTRY & CORROSIVITY -Visual classification as noo-plasth (ASTM 02488) 10 pH Method A (ASTM D4972 or CTM 643) 45 Particle size: Electical resistivity - single point - as ,€ceived moisture 45 -Sieve only 1% inch to #200, oAsHTo r27l sTM c136/AsTM oogtlcrM m2) 135 Minimum resistivity 3 moisture content poinb (ASTM G1 87/CTM 643) 90 -LaEe sieve 6 inch to #200 (A^sHTo T2ilAsT[,! ct36/AsTM D6913icTM 202) 175 pH + minimum rcsistivity (CTM 643) 130 - Hydometer only (ASTM 0422) 110 Sulfate content - gravimetric (CTM 417 B Patt ll) 70 - Sieve + hydrometer (<3 indl sieve, ASTM 0422) '185 Sulfate scGen (Hacto) 30 - Percent passing #200 sieve, wash only (ASTM 01140) 70 Chbride conbflt (AASHTO T291/CTM 422) 70 Specific aravity and absorption of fine aggregate (AASHTO 125 Corosion suib: minimum resisNily, sulfate, drloride, pH (CTM 643) 245 T84/ASTM C12UASTM 0854/CTM 207) Organic matter content (ASTM 02974) 65 Specific gravity and absorption of coarse aggregate (AASHTO 100 SHEAR STRENGTH T8s/ASTM C12ilCTM 206) penetomebr '15 - Total porosity - on Shelby tube sample (calculated trom 165 Pocket density & specific gravity) Dircc't shear (ASTM D3080, mod., 3 points): - Total porosity - on oher sample 155 -Consolidabd undrained - 0.05 inch/min (CU) 285 <0.05 Shrinkage limits (wax method, ASTM 04943) 126 -Consoluated drained - ind/min (CD) 345 50 Pinhole dispersion (ASTM 04647) 210 -Residual shear EM 1 110-2-1906-lxA pass Dispe6ive charac{eristics (double hydome(er ASTM tX221) 90 (price per eadl additional afler shear) specimens (3 points) 90 As-received moisture & density (chunucarved samples) 60 Remolding or hand timming ol (per houo 65 Sand Equivalent (AASHTO T176/ASTM D241g/CTM 217) 105 Odented or block hand trimming Single point shear 105 TESTS COMPACTION & PAVEMENT SUBGRADE Torsional shear (ASTM D6467 / ASTM 07608) 820 Standard Proctor compaclion, (ASTM D698) 4 points: CONSOLIDATION & EXPANSION/SWELL TESTS - 4 inch diamebr mold (Methods A & B) 160 Consolidation (ASTM D2435): '195 - 6 indr diamebr mold (Mehod C) 2'.t5 curve 45 Modified Proclor compaclion (ASTM 01557) 4 poinb: -Eadr additional time reading 40 - 4 inch diameter mold (Mehods A & B) 220 -Eact additional load/unload Wo time Expansion lndex (El, ASTM 04829) 130 - 6 inch diameter mold (Method C) 245 Swell/collapse Mehod A (AsTu ot54&A, up h l0loed/unloads wo trne cunq6) 290 Check point (per point) 65 - Single load swell/mllapse - Mehod B ols&B, seat load & itudab mlv) 105 Relative compadion of unfeated/keated soils/aggcgabs (CTM 216) 250 6sru Relative density (0.1 fr mold, ASTM 04253, 04254) 235 2018 R1/20'18 www.leightongroup.com PAGE 1 of 4 244 Monday, June 18, 2018, City Council Meeting Page No. 238 Leighton I Fee Schedule METHOD $/TEST iIETHOD $ITEST TRIAXIAL TESTS HYDRAU LIC CONDUCTIVITY TESTS Unconfined compression strengfi of cohesive soil 135 Triaxial permeability in f,exibl€-wall permeameler wfi bdqressure 31 0 (with slress/strain plot, ASTM D2166) saturation at one efHive sfess (EPA 9100/ASTM 05084, Unconsolidated undrained tdaial comptession test on cohesive 170 falling head Mehod C): soils (USACE Q test, ASTM 02850, per confining stress) - Eadl additonaleffeclive suess 120 Consolidated undrained triaial mmpression test for cohesive soils, 375 - Hand trimming of soil samples for horizontal K 60 (ASTM 04767, CU, USACE R-bar bst) with back prcssure Remolding ofEstspecimens 65 safuration & pore water pressure measurement (per co.fning str6s) Permeability of granular soils (ASTM 02434) 1 35 Consolidated drained biadal compression tesl (CD, USACE S bst), Soil sudion (filter paper rnehod, ASTM 05298) 400 wih volume drange measurement. Price per soil type below EM SOIL.CEMEI{T 1110-2-1906(X): Moistursdensity crNe for soil{ement mixtures (ASTM 0558) 240 - Sand or silty sand soils (per confining shess) 375 Wet{ry durability of soil{ement mixtures (ASTM 0559) 1,205 - Silt or dayey sand soib (per confining st ess) 500 ' Compr$sive shengh of molded soil+ment cylinder (ASTM Dl 633)' 50 - Clay soils (per confining stress) 705 Soil+rnent cmolded specimen (Ior shear sbength, coosolidation, eb.) I 235 - Thr€e-stage tiaxial (sand or silty sand soils) 655 i - Threestage triaxial (silt or clayey sand soils) 875 Compac{ion (ASTM 0558 maximum density} should also be perlomed - - Thre+stage tiaxial (clay soils) 1,235 nol induded in above price Remolding ol test specimens 65 CONSTRUCTIOI{ MATERIALS LABORATORY TESTING III:illnt IfIEST METHOD IIIEST CONCRETE STRENGTH CHARACTERISTICS AGGREGATE PROPERTIES voids in aggregates rlg/AsrM c29/ crM 212) 50 Concrete cllinders compcssion (ASTM c39)(6'x 12) 25 Bulk density and GAsHro Organic impurilies in fine aggregate sand r2xAsr[ clocrM 213) 60 Concrete cllinders compression 6srM cag)(1'x 8) 22 OASHTo <1.5" (AAsHro Tg6/Asrlt 200 compression, concreb or masonry cofes (Esting mly) $ in6 (Asn! c{4 40 LA Rat eFsmaller coars€ aggregab cl3, cTM 211) Trimming concrete cores (per core) 20 LA Ratterlarger coarse aggregate 1-3" oAsHTo T96/AsTttr csilircTM at) 250 Flexural strength of mncrete (rim* boeft3d pr. roeding, AsrM c78/crM 523) 85 Appacnt specific gravity of fine aggregate (AAsHTo r04/Asrl!t c12& 130 Flexural stEngth of conqete (!*nple bean€nbr pt loadlE, AsrM cz€orcT 523) 85 cru 208) grout (2 25 Non shrink dbes ind, ASTM c109/c1107) Clay lumps, friable parlides (AAsHTo Tl lzAsTU ct42) 175 -four (Asr!, c157) 400 Drying shdnkage readings, up to 90 days, 3 bars Durability lnd€x (MsHTo T2ro/AsIU 037{rcTM 229} 200 Length of drilled concrete cores (crM 531) 40 Moisture content of aggregates by oven drying OAsHro T25t 40 ASTM C566/CTM 26) HOT MIX ASPHALT (HMA) Uncompac'led l/oid content of fine aggregate (MsHTo 1301/ 130 Hli4A to moisture-induced damage 2,100 Resistance of compac{ed ASTM Cl252/ Crr/l 234) T283/CTM 37r) 0ASHTO Percent of crushed partides (Ar'sHro r33tASTr,t D5021icTM 205) 135 Hamburg Wheel, 4 briquettes (modified) (AqsHro T324) 900 Flat & elongaH particles in marse aggregate (AsrM D1791/crM 235) 215 Superpave gyrabry compaciion (AASHTo T31?AsrM 06925) 350 Cleanness value of coanie aggregate (cru 227) 210 Exfadion by ignition oven, percent asphalt (AAsHTo T308/ASrM 150 Soundness, magnesium (AAsHTo r'twAsTM c88/crt 211) 225 06307/CTM 382) Soundness, sodium (AAsHTo Tto4/AsrM c0ucrllt 211) 650 lgnition oven corection/mnelalion values (AASHTor30uAsTM 1,350 06307/Cn 382) MASONRY Extraction by centifuge, percent asphalt (ASTM 02172) 150 iro ar cYinders (2' by 4', ASTM C780) 25 Gradatlon of extraded aggregate (MsHTo r30/AsrM 05444/crtt 202) 135 Gout prisms (3' by 6", ASTM C1019) 25 Shbilometer, $Value (ASTM 01560rcnt 366) 265 Masonry cores compression, <6' diameter Fdins onty, AsrM c44 40 Bituminous mixture preparation 6ASHT0 morcTM 304) 80 CMU compression to size 8" x 8" x 1 6' € lgqui,rd, Asru cilo) 45 Moisture content of HMA (AASHTo X)2gASru D6037/CTM 370) 60 CMU moisture content, absorption & unit t €ight (6 Dquilld, asrM c1.0) 40 Bulk specific gravity of compaded HMA, molded specimen or 50 CMU linear drying shrinkage c126) 175 cores, uncoated (AAsHlO T'|66IASTM 02726/Cr1,t 308) 6sr grouted ptisms (compr66ion <8' itr, ASTM c1311) 180 55 CMU bst r 8'x Bulk specific gravity of compacted HMA, molded specimen or ,16", CMU grouted ptisms (comFoscon t€5t > 0'x 8'x Asltl ci311) 250 cofes, paftffin{oated (AASHTO T2T'ASTM D'l 188/Crtt 30E) Masonry core-shear, Trtle 24 (tsst only) 70 Maximum density - Hveem (crM 308) 200 Theoretical maximum density and specific gravity of HMA 130 BRICK (AASHTO T209/ASTM D2041rcTM 3m) compression (cost for each, 5 requircd, ASTM C67) 40 Thi*ness or height of compac'ted bituminous paving mixture 40 specimens 6srM 03519) Rubberized asphalt (add b above rates) + 25% 2018 R1/2018 www,leightongroup.com PAGE 2 of 4 245 Monday, June 18, 2018, City Council Meeting Page No. 239 Leighton I Fee Sdredule METHOD iIIEST TIIETHOD $ITEST REINFORCING STEEL SPRAYAPPLIED FIREPROOFING Rebar tensile bst up b < No. 1 0 bars (ASTM A370) 45 Unit weight (density, ASTM E605) IT'] Rebar tensile bst > No. 10 bars < No. 17, (ASTM A370) 100 BEARING PADS/PLATES AND JOINT SEAL Rebar bend hst, up to No. 10 bars (ASTM A370) 45 = Elastomeric Bearing Pads (Caltrans SS 51-3) 990 Rebar bend test > No. 10 bars < No. 17, (ASTM A370) 150 Elastomeric Bearing Pad wifi Hardness and Compression Tesb 1230 Epory coated rebar/dou,el film hickness (coating) bst (ASTM A75) 45 (Caltrans SS 51-3) Epory coated rebar/do'riel continuity (Holiday)test (ASTM A775) 65 Type A Joint Seals (Calhans SS 5'l-2) 1620 Epoxy coaled rebar fleibility/bend bst, up to No. 1'l (ASTM Az5) 45 Type B Joint Seals (Calfans SS 51-2) 1530 Tensile strength, s100,000 pounds axial load (ASTM A370) 45 Bearing Plabs (A536) 720 Presfessing wire, bnsion (ASTM M16) 150 Sample preparation (oting) 50 STREET LIGHTS/SIGNALS Resistance Butt-Welded Hoops/Bars, up to No. 10 (CTM 570) 180 100W HPS Lighting (Calbans RSS 86) 1296 Post-Tensioned Ba,s (ASTM A772) 420 SAIIPLE TRANSPORT $,TRIP Pick{p & delivery (so*dayE, pe. tip, <50 mile radius fun L€ightoo ofice) 90 EQUIPMENT, SUPPLIES & MATERIALS UUt{IT $,UNIT 1/4 indl Grab plates 5 each Manometer 25 dd,t 1/4 inch Tubing (bonded) 0.55 foot Mileage (lRS Alloriable) 0.545 mile 1/4 indr Tubing (single) 0.35 toot Moisture test kit (a(cludes labor to perform tesl, ASTM E1907) 60 test 3/8 inch Tubing, clear vinyl 0.55 tuot Nudear moistu]e and density gauge 88 day 4€as meter (RKl Eagle or similarlGEM 2000 130 day Pachometer 25 day Air ffow mehr and purge pump (200 ccJmin) 50 day Partidllate Monitor 125 day Box ol24 soil drive-sample rings 120 box pH/Conduc{ivity/f emperature meter 55 day Brass sample tubes 10 each Photclonization Detecbr (PlD) 120 dE Caution tape (1000-toot roll) 20 each Pump, Typhoon 2 or4 stage 50 day Combination lock or padlock '11 each QED bladd€r pump dQED contol box 160 day Compressed air lank and rcgulabr 50 day Resistivity lield meter & pins 50 day Corcrete coring madline (<6-inch{ia) '150 day Slip / theaded cap, 2inch or 4-indl diametsr, rtrc schedur. 40 15 each Consumables (gloves, rcpe, soap, hpe, etc.) 35 day Slope inclinometer 200 day Co(e sample boxes 11 each Soil sampling T-handle (Encore) 10 day Crack monitor 25 each Soil sampling hipod 35 day Cutoff saws, reciprocating, eledric (Satrzall@) 75 dal Stainless steel bailer 40 day Disposable bailers 12 each Submersible pump, 1 0 gpm, high po*€red Gruntoo 2ind uih 160 day Disposable bladdeE 10 each contrdlsr '10-25 Dissolved oxygen meter 45 day Submersible pumdtransfer pump, gpm 50 day DOT ss{allon containment drum wilh |ft, 65 each Support service truck usage ($ell inshllation, 6tc.) 200 day Double-ring infi ltrometer 125 day Su rvey/fence stakes 8 eadl Dual-stage interface probe 80 day Tedlao bags 18 eadr Dynamic Cone Penetrometer 400 day Traffic cones (<25!banicades (single lane) 50 day Generator, portable gasoline fueled, 3,500 watb 90 day Turbidity meter 70 day Global Positioning System/Laser Range Finder 80 day TyvekO suit (ead) 18 eadr Hand auger set 90 day Vapor sampling box 55 day HDPE sahty hnce (<100 feet) 40 roll Vehicle usage (carrying equipment) 20 hour Horiba U-51 water quality meter 135 day VelociCalc 35 day '100 Light bwer (towable \rertlcal mas$ 150 day Msqueen (20 x 100 leet) roll <300 Magnehelic gauge 15 day Water level indicator (electonic vrell sounde0 feet 60 day deep u,ell ZIPLEVELO 15 day Other specialized geotechnical and environmental testing & monitoring equipment are available, and priced per site 2018 R1/20'18 www.leightongroup.com PAGE 3 of 4 246 Monday, June 18, 2018, City Council Meeting Page No. 240 Leighton I Fee Schedule TERMS & CONDITIONS r Expiration: This fee schedule is effective through r lnvoicing: lnvoices are rendered monthly, payable upon December 31, 2018 after wtich emaining work will be receipt in United States dollars, A service charye of 114 billed at then-cunent rates. percent per month will be charged for late payment. r Proposal Expiration: Proposals are valid for at least 30 r Client Disclosures: Client agrees to provide all days, subject to change after 30 days; unless othenrise inbrmation in Client s possession about actual or stated in the attached proposal. possible presence of buried utilities and hazardous materials on the project site, prior to fieldwork, and r Prevailing Wages: Our fees for prevailing wage work agrees to reimburse Leighton for all costs related to based upon Califomia prevailing wage laws and wage unanticipated disovery of utilities and/or hazardous determinations. materials. Client is also Esponsible for prcviding safe r Overtime: Overtime for field perconnel will be charged and legal access to the project site for all Leighton field at 1.5 times basic hourly rates when exceeding 8 hours personnel. up to 12 hours per 24 hour interval, and 2 times basic r Earth Material Samples: Quoted testing unit rates are hourly rates when exceeding 12 hours in 24 hours or on for soil and/or rock (earth) samples free of hazardous Sunday, and 3 times basic hourly rates on Califomia materials. Additional costs will accrue beyond these ofiicial holidays. standard testing unit rates for handling, testing and/or ! Expert Witness Time: Expert witness deposition and disposing of soil and/or rcck containing hazardous testimony will be charged at 2 times hourly rates listed on materials. Hazardous materials will be retumed to the the previous pages, with a minimum charge offour hours site or the site owne/s designated representative at per day. additionalcost not included in listed unit rates. Standard tum-around time for geotechnlcal-laboratory test resulb r Minimum Field Hourly Charges: For Field Technicians, is 10 uorking days. Samples will be stored for 2 months, Special lnspectors or any on-site (field) materials testing after which they will be discarded. Prior documented services: notification is required if samples need to be shred for a 4 hours: 4-hour minimum charge up to the first bur longer time. A monthly storage fee of $10 per bag and hours of work $5 per sleeve or tube will be applied. Quoted unit rates 8 hours: 8-hour minimum charge for over four hours of are only for earth materials sampled in the United States. work, up to eight hours. There may be additional cost for handling imported Project time accrued includes portal to portal travel time. samples. Outside Direct Costs: HeaW equipment, subcontractor r r Consfuction Material Samples: After all designated Ees and expenses, project-specific permib and/or 28{ay breaks for a given sample set meet specified licenses, prolect-specifc supplemental insurance, tnvel, compressive or other client-designated strength, all subsistence, project-specific parking charges, shipping, 'hold' cylinders or specimens will be automatically reproduction, and other reimbursable expenses will be disposed of, unless specilied in writing prior to the 28-day invoiced at cost plus 18%, unless billed directly to and break. All other construction materials will be disposed paid by client. of afrer completion of testing and repolting r lnsurance & Limitation of Liabilig: These rates are predicated on standard insurance coverage and a limit of Leighton's liability Eual to our total fees for a given poject. 2018 R1/20'18 www.leightongroup.com PAGE 4 of 4 247 Monday, June 18, 2018, City Council Meeting Client#: 1257049 3O5LEIGHGRO Page No. 241 DATE (MM'DO/YYYY) ACORD,, CERTIFICATE OF LIABILITY INSURANGE u1st2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION OI{LY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: lf the certificate holdsr is an ADDITIONAL INSURED, tho policy(ies) must have ADDITIONAL INSURED provisions or be Endorsed. lf SUBROGATION lS WAIVED, subject to the terms and condltions of the pollcy, cortain policies may require an endorsement, A statement on this certificate does not confer any rights to the certificats holder in lieu of such endorsemont(s), PRODUCER Waters BB&T lnsurance Services iilS[,'" r-u 714 941'2938 of Orange County 2400 E Katella Ave. Suite 1100 AFFORDING COVERAGE NAIC Anaheim, CA 92806 ' INSURER A . L.ringb ln.qEno Cffip..ry 19437 INSURED INSURER B ' Tnv.hn lnd.mnity Co ot CT 1t1.1:?l Leighton Consulting lnc INSI'RER C : 17781 Couan Ste. 100 INSURER D: lrvine, GA 92614-6009 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVEBEENISSUED TOTHE INSURED NAMEDABOVE FORTHE POLICYPERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBEO HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. rNsRl hooLEOEnI TYPE OF INSURANCE I POLICYEFF I POLrcYEXP T LTR I lrNsR lwvD I POLICY NUMBER l(ilmrDb/YYh lrMituDbrYwh I uMrs COMMERCIAL GENERAL LIABILITY A _t 065463440 0u14t2019 1 - f - - I lcurus-unoe I Xloccun oEXCLUDED PERSONAL & AOV INJURY sl GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2.000.000 ,or,.r l-il3E"oi x LOC PRODUCTS. COMP/OP AGG s2.000.000 OTHER: Overall Policv Aooreoate $s5.000.000 B AUTOMOBILE LIABILITY 8A0305L81418CAG }a14t2018 02,14t2011 r1.000.000 ANY AUTO BODILY INJURY (Psr peBon) s OWNED SCHEDULED (Per AUTOS ONLY AUTOS BODILY INJURY a@ident) s HIRED NON-OW!EO AUTOS ONLY AUTOS ONLY $ $ UMBRELLA LIAB A OCCUR 006546318 t2t14t2018 0a1q2ul EACH OCCURRENCE r5,000.000 EXCESS LIAE CLAIMS-MAOE AGGREGATE 05,000,000 ,;l il nrrPr.nror.r s10000 $ WORKERS COilIPENSATION I qrarrPER AND I trF EMPLOYERS'LtABtLtTY Y' N ANY PROPRIETOR/PARTNER/EXECUTIVE T--- E.L, EACH ACCIDENT I oFF|CER/MEMBER EXCLUDED? N/A L___l (Mandatory ln NH) E.L. DISEASE - EA EMPLOYEE 3 lf yes, describ€ undsr DFSCRIPTION OF OPFRATIONS hd6w E.L. DISEASE - POLICY LIMIT s A Prof/Pollutn Liab 013001524 0211412018 02114t2015 $2,000,000 Per Claim Claims Made $4,000,000 Aggregate $50.000 Ded DESCRIPTION OF OPERATIONS / LOCAnONS, VEHICLES (ACORD 101, Additlonll Rem.rkr Schcdule, may bG .tt.chod lf ,roE .p!ce lr rcqulcd) Additional lnsured applaes on Genera! Liability per Lexington's Additional lnsured Owners, Lessees or Contractors endonsement LX4316 06114 and LX9605 10101 attached to the General Liability policy as required by written contract. Primary wording applies to General Liability per Lexington's endorsement LX9838 08/05 attached to policy. Additional lnsured applies on Automobile Liability per Traveler's Blanket Additional lnsured endorsement (See Attached Descriptions) SHOULD ANY THE ABOVE (LClCity of La Verne OF DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE OELIVERED 11{ 3660 "D" Street ACCORDANCE WITH THE POLICY PROVISIONS. La Verne, CA 91750 AUTHORIZED REPRESENTATIVE ).*!r.- tr\o{r*y, @ 1988-2015 ACORD CORPORATION. All righB reserved. ACORD 25 (2016r0s) 1 ot 2 The ACORD name and logo are registered marks of ACORD #sl 9s49250rM1 9527985 LXMCN 248 Monday, June 18, 2018, City Council Meeting Page No. 242 DESCRIPTIONS (Continued from Page 1) CAT437 02/15 attached to the Automobile policy as required by written contract. Re: Proj #602768 La Verne/On-Call, La Verne Additional lnsured to include per above specifications: The City of La Verne, its officers, officials, employees, agents and volunteers. SAGITTA 2s.3 (2015/03) 2 ot 2 #sl 9549250rM1 9527985 249 Monday, June 18, 2018, City Council Meeting Page No. 243 POLICYNUI{BER: 065463440 ENDORSE^iIENT# COIAMERCIAL GENERAL LIABILITY cG 20 10 10 01 THIS ENDORSEIAENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the fottowing: COMAAERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE or AS REQUIRED BY WRITTEN CONTRACT (LC)City of La Verne 3660 "D" Streei La Verne, CA 91750-0000 Re: Proj#602768 La Verne/On-Call. La Veroe Additional lnsured to include per above specifications: Th€ Cily of LA Verne, ils officers. volunteers (lf no entry appears above, information required to comptete this endorsement witl be shown in the Dectarations as appticabte to this endorsement.) A. Section ll -Who ls An lnsured is amended to inctude as an insured the person or (1) Att work, including materiats, parts or organization shown in the Schedule, but equipment furnished in connection with onty with respect to tiabitity arising out of such work, on the project (other than your ongoing operations performed for that service, maintenance or repairs) to be insured. performed by or on behatf of the additional insured(s) at the site of the I With respect to the insurance afforded to covered operations has been these additionat insureds, the foltowing compteted; or exctusion is added: (2) That portion of "your work" out of which the injury or damage arises has 2 Exclusions been put to its intended use by any This insurance does not appty to "bodity person or organization other than injury" or "property damage' occurring another contractor or subcontractor after: engaged in performing operations for a principat as a part of the same project. cG 20 10 10 01 l5O Properties, lnc., 2000 Page 1 of 1 1X9605 250 Monday, June 18, 2018, City Council Meeting Page No. 244 ENDORSEMENT This endorsement, effective 12:01 AM Cf/'142:018 Forms a part of policy no.: 065463440 lssued to: LEIGHTON GROUP, lNC. By: LEXNGTON INSURAME COMPAiIY ADDITIONAL INSURED . OWNERS, LESSEES OR CONTRACTORS- COMP LETE D OP E RATIONS (Based on CG2037 O4l13) This endorsement modifies insurance provided by the following: COMMERCIAL GENERAL LIABILITY POLICY SCHEDULE Name of Additiona! lnsured Person(s) Locaton of Complebd Operations or Organization(s) as nxQUImD BI UnITTETI C0ilrnAgr (LC)City of La Veme 3660 "D" Sfeet LaVeme,CA 917500000 Re: Proj#602768 La Veme/On€all, La Verne Addfional lnsurecl to indude per abo\re specmcafuns: Tlre City of La Veme, its oficers, oficials, employees, agents and volunteers. lnformation required tc compleE his Schedule, if not shovm above, will be shown in tre Declarations A Section ll - Who !s An lnsured is amended to include as an addilional insured he person(s) or organization(s) shown in he Schedule, but only vritr respect tr liability for "bodily injurt'', or "property damage" caused, in whole or in part, by "your v\ork" at the location designated and described in the Schedule of his endorsement performed ficr that additional insured and included in the "producb-completed operations hazard". Hovtever: '|-. The insurance afrorded to such additional insured only applies to he extent permifred by lavf and Z lf coverage provided to he additional insured is required by a confact or agreement he insurance afiorded b such additional insured will not be broader han that wtrich you are required by he contract or agreement to provide ficr such additional insured. B. Wh respect to he insurance afiorded to these additional insureds, he flcllowing is added b Section lll - Limits Of lnsurance: lf coverage provided to the additional insured is required by a confact or agreement, the most vrre will pay on behalf of the additional insured is the amount of insurance: L^..l.rl0 (uur+, rnouoes uopyngnEo rnrotTnauon olne tnsuEnce liervrces rage I or z Ofices, lnc., \ih iE permission. All Rights Reserved. 251 Monday, June 18, 2018, City Council Meeting Page No. 245 1. Required by he confact or agreement or Z Available under the applicable Limits of lnsurance shoum in he Declarations; whichever is less. This endorsement shall not increase he applicable Limits of lnsurance shoun in he Declarations All oher terms and conditions of he policy remain he same Authorized Representative LX/li'ln(txin4) lndudes copynghEcl lnbmEttion otthe lnsurance seNices rage a ot t Ofices, lnc., v\ih its permission. All Rights Reserved. 252 Monday, June 18, 2018, City Council Meeting Page No. 246 ENDORSEMENT # OI5 This endorsement, eftective 1201 AM 0211412018 Forms a part of policy no.: 065463440 lssued to: LE lGHTOl,l GROUP, lNC. By: LEX lNGTOl,l INSURAI{CE C0}IPANY CAT{CELLATION AMEN DMENT ln consideralion ot the premium charged, it is heroby agreed lhat the cancellation provision is amendod to 90 days in lieu of (30) days, except lor non-payment ot premium which remains (10) days. All other terms and conditions remain unchanged. Authorized Representative OR Countsrsignature (ln states where applicablel LX9586 tO2 X} 253 Monday, June 18, 2018, City Council Meeting Page No. 247 ENDORSEMENT # O'I I This endorssment, effsctivs 1201 AM 0211412018 Forms a part ot policy no.: 065463440 lssued to: LEIGHTON GR0UP, lNC. By: LEXINGTON I NSURANCE COIIPANY PRIMARYNON CONTRIBUTORY ENDORSEMENT This endorsement modifes insurance provided by the policy: Notwithstanding any other provision of the policy to the contary, the insurance afforded by this policy for the beneft ol the Additional lnsured shsll be primary insurance, but only u/ith respect to any claim. loss or liability arising out of the Named lnsured's operations; and any insurance maintained by the Additional lnsured shall be non-confibuting, All other terms 8nd condilions of the policy remain the same. Authorizgd Rspresontativs OR Countersignatu.e (ln states where applicablol LX98iB iOAO5) 254 Monday, June 18, 2018, City Council Meeting Page No. 248 COMMERCIAL AUTO THIS ENDORSEMENT GHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURE D This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following is added to the Paragraph A.l.c., Who occurs and that is in effect during the policy period, to ls An lnsured, of SECTION ll - COVERED AUTOS be named as an additional insured is an "irsured" for L]ABILITY COVERAGE: Covered Autos Liability Coverage, but only for dam- Any person or organization who is required under a ages to which this insurance applies ard only to the written contract or agreement between yol and that extent that person or organization qualifies as an 'in- person or organization, that is signed and executed sured" under the Who ls An lnsured provision con- by you before the "bodily injury" or "property damage' tained in SECTION ll. cA T4 37 02 15 @ 2015 The Travelers lndemnity Company. All rights reserved' Page 1 of 1 lncludes copyrighted material of lnsurance Services Office, lnc. with ils permission- 255 Monday, June 18, 2018, City Council Meeting Page No. 249 DAIE (MiI'DD/YYYY} CERTIFICATE OF LIABILITY INSURANCE 5 018 THIS CERTIFICATE IS ISSUED AS A MATTER OF ]NFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CER11FICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMENO, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLOER, IMPORTANT: lf the certiricate holder as an ADDITIONAL the policy(ios) must to the terms and conditions of the policy, certain policies may requirs an €ndorcement, A statement on this certiflcate does not confer rights to the certilicate holder in lieu of such PRODUCER certificate Tuttson IDaurance Services, Inc. (949) 251-s33s (9{9) 251-1911 2913 S PuIIman Street vivianae@tuttson. com OR [email protected] License *0889376 tr^!g.i Santa A.na CA 92705 !!a!}-gEal lEslrreEc,P 2s49F INSURED Leigbt.on CoDaultiBg IDc. 17781 Cowan Ste.200 Irvine CA 926L4 17118 wC THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEO TO THE INSURED NAMEO AEOVE FOR THE POLICY PERIOD INDICATED, NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO W.IICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOVVN MAY HAVE BEEN REDUCED BY PAID CLAIMS. nsn T IADDLISUBRI I POUCYEFF I POUCYEXP I rDl TYPE OF INSURANCE lrur.rhhmr Ifl.xrnhffir I LIMIYS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE rl CLAIMS-MADE OCCUR $ MED EXP (AnY one Derson) s PERSONAL & ADV INJURY 3 GEN'L AGGREGAIE LIMIT APPLIES PER: GENERAL AGGREGATE POLICY ;1 ff"o; l---l .o. PRODUCTS. COMP/OP AGG ATHEP. I $ BODILY INJURY (P6r person) s SCHEDULED BODILY INJURY (Per accrdsnt) AUTOS s NON-OVVNED AUTOS $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE s EXCESS LIAB CLAIMS-MADE AGGREGATE t !t WORKERS COITPENSANOil x AND EMPLOYERS' LIABIUTY ANY PROPRIETOR/PARTNER/EXECUTIVE E,L. $ ._ _1,0_9-0-rq9q OFFICER/MEMBER EXCLUDED? N N'A - A (Mandatory ln NH) T10 17 0 590 9/t/2OL7 9/L/2OL8 EL 5 00q_, qgg lf yes, describe under ,_-1, DESCRIPTION OF OPERATIONS bdN s 1-ooo-ooil DESCRIPTIONOFOPERATIONSTLOCATIONSTVEHICLES (ACORDtol,AddiUon.lRenurl(.Schodulo,myboattrchedlf moFsp.celsmquired) Re: Proj*502768-000 ta verne/On-call (La Verne, CA) ,Et(!tFtt,AlE tt(Jl-t SHOULD AT{Y OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of La Verne THE EXPIRATIOI{ DATE THEREOF, I{OTICE WILL BE OELIVERED IN 3550 D StreeE ACCORDANCE wlTH THE POLICY PROVISIONS. La Verne, CA 91750 AUTHORIZED REPRESET{TATIVE stanrey TuEton/PAM a-z-;J",*-'; --fuf @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 2s12014t01l. The ACORD name and logo are registerod marks of ACORD lNS025 (zotaor) 256 Monday, June 18, 2018, City Council Meeting Page No. 250 This page left intentionally blank 257 Monday, June 18, 2018, City Council Meeting Page No. 251 AGREEMENT F'OR SPECIAL SERVICES This Agreement is entered into between the law firm of LIEBERT CASSIDY WHITMORE, A Professional Corporation ("Attorney"), end the CITY OF LA VERNE, A Municipal Corporation ("City"). 1. Conditions This Agreement will not take effect, and Attomey will have no obligation to provide services, until City returns a properly signed and executed copy of this Agreement. 2. Attornev's Services Attomey agrees to provide City with consulting, representational and legal services pertaining to employment relations matters, including representation in negotiations and in administrative and court proceedings, as requested by City or otherwise required by law. 3. tr'ees. Costs. Expenses City agrees to pay Attomey the sums billed monthly for time spent by Attorney in providing the services, including reasonable travel time. The current range of hourly rates for Attorney time is from Two Hundred Ten to Three Hundred Seventy Dollars ($210.00 - $370.00), One Hundred Ninety-Five Dollars to Two Hundred Thirty Dollars ($195.00 - $230.00) for time of Labor Relations/HR Consultant and from Eighty to One Hundred Seventy Dollars ($80.00 - S170.00) for time of paraprofessional and litigation support staff. Attorney reviews its hourly rates on an annual basis and, if appropriate, adjusts them effective July l. Attorney will provide the City with written notification of any adjustment in the range of rates. Attomeys, L 854o9zl.l Lcoor-oog 258 Monday, June 18, 2018, City Council Meeting Page No. 252 paraprofessional and litigation support staff bill their time in minimum units of one-tenth ofan hour. City agrees to reimburse Attorney for necessary costs and expenses incurred by Attorney on behalf of City. Attorney bills photocopying charges at Fifteen Cents ($0.15) per page and facsimile charges at Twenty-Five Cents ($0.ZS1per page. A Public Agency Fee Schedule is attached to this Agreement. Payment by City against monthly billings is due upon receipt of statements, and is considered delinquent if payment is not received within thirty (30) days of the date of the lnvolce. The California Business & Professions Code requires us to inform you whether we maintain errors and omissions insurance coverage applicable to the services to be rendered to you. We hereby confirm that the firm does maintain such insurance coverage. 4. Arbitration of Professional Liabilitv or Other Claims Disputes. If a dispute between City and Attorney arises over fees charged for services, the controversy will be submitted to binding arbitration in accordance with the rules of the Califomia State Bar Fee Arbitration Program, set forth in Califomia Business and Professions Code, sections 6200 through 6206. The arbitrator or arbitration panel shall have the authority to award to the prevailing party attorneys' fees, costs and interest incurred. Any arbitration award may be served by mail upon either side and personal service shall not be required. If a dispute arises between City and Attorney over any other aspect of the attorney-client relationship, including, without limitation, a claim for breach of 2 8540971.1 LC00l-009 259 Monday, June 18, 2018, City Council Meeting Page No. 253 professional duty, that dispute will also be resolved by arbitration. It is understood that any dispute as to any alleged breach of professional duty (that is, as to whether any legal services rendered under this agreement were allegedly unnecessary, unauthorized, omitted entirely, or were improperly, negligently or incompetently rendered) will be determined by submission to arbitration as provided by California law, and not by a lawsuit or resort to court process except as California law provides for judicial review of arbitration proceedings. Both parties to this agreement, by entering into it, are giving up their constitutional right to have any such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration. Each party is to bear its own attomey's fees and costs. 5. File Retention After our services conclude, Attorney will, upon City's request, deliver the file for the matter to City, along with any funds or property of City's in our possession. If City requests the file for the matter, Attorney will retain a copy of the file at the City's expense. If City does not request the file for this matter, we will retain it for a period of seven (7) years after this matter is closed. If City does not request delivery of the file for this matter before the end of the seven (7) year period, we will have no further obligation to retain the file and may, at our discretion, destroy it without further notice to City. At any point during the seven (7) year period, City may request delivery of the file. 6. Assisnment This Agreement is not assignable without the written consent of City. 3 8540971.1 LC00l-009 260 Monday, June 18, 2018, City Council Meeting Page No. 254 7. IndependentContractor It is understood and agreed that Attomey, while engaged in performing the terms of this Agreement, is an independent contractor and not an employee of City. 8. Authoritv The signators to this Agreement represent that they hold the positions set forth below their signatures, and that they are authorizedto execute this Agreement on behalf of their respective parties and to bind their respective parties hereto. 9. Term This Agreement is effective July 1, 2018 to June 30, 2019, and may be modified by mutual agreement of the parties. This agreement shall be terminable by either party upon thirty (30) days written notice. LIEBERT CASSIDY WHITMORE, CITY OF LA VERNE, A Corporation A Municipal Corporation By: Name: Title: Date L Date: 4 8540971.1 LC00l-009 261 Monday, June 18, 2018, City Council Meeting Page No. 255 I. PUBLIC AGENCY FEE SCHEDULE Hourly Rates (As of Agreement Effective Date) Partners $370.00 Senior Counsel $320.00 Associates $210.00 - $300.00 Labor Relations/[IR Consultant $19s.00 - $230.00 Paraprofessionals & Liti gation Support $80.00 - $170.00 II. COST SCHEDULE 1. Photocopies $0.15 per copy 2. Facsimile Transmittal $0.25 per page 5 8540971.1 LC00l-009 262 Monday, June 18, 2018, City Council Meeting Page No. 256 This page left intentionally blank 263 Monday, June 18, 2018, City Council Meeting Page No. 257 AGREEMENT F'OR SPECIAL SERVICES This Agreement is entered into between the law firm of LIEBERT CASSIDY WHITMORE, A Professional Corporation ("Attorney"), end the CITY OF LA VERNE, A Municipal Corporation ("City"). 1. Conditions This Agreement will not take effect, and Attomey will have no obligation to provide services, until City returns a properly signed and executed copy of this Agreement. 2. Attornev's Services Attomey agrees to provide City with consulting, representational and legal services pertaining to employment relations matters, including representation in negotiations and in administrative and court proceedings, as requested by City or otherwise required by law. 3. tr'ees. Costs. Expenses City agrees to pay Attomey the sums billed monthly for time spent by Attorney in providing the services, including reasonable travel time. The current range of hourly rates for Attorney time is from Two Hundred Ten to Three Hundred Seventy Dollars ($210.00 - $370.00), One Hundred Ninety-Five Dollars to Two Hundred Thirty Dollars ($195.00 - $230.00) for time of Labor Relations/HR Consultant and from Eighty to One Hundred Seventy Dollars ($80.00 - S170.00) for time of paraprofessional and litigation support staff. Attorney reviews its hourly rates on an annual basis and, if appropriate, adjusts them effective July l. Attorney will provide the City with written notification of any adjustment in the range of rates. Attomeys, L 854o9zl.l Lcoor-oog 264 Monday, June 18, 2018, City Council Meeting Page No. 258 paraprofessional and litigation support staff bill their time in minimum units of one-tenth ofan hour. City agrees to reimburse Attorney for necessary costs and expenses incurred by Attorney on behalf of City. Attorney bills photocopying charges at Fifteen Cents ($0.15) per page and facsimile charges at Twenty-Five Cents ($0.ZS1per page. A Public Agency Fee Schedule is attached to this Agreement. Payment by City against monthly billings is due upon receipt of statements, and is considered delinquent if payment is not received within thirty (30) days of the date of the lnvolce. The California Business & Professions Code requires us to inform you whether we maintain errors and omissions insurance coverage applicable to the services to be rendered to you. We hereby confirm that the firm does maintain such insurance coverage. 4. Arbitration of Professional Liabilitv or Other Claims Disputes. If a dispute between City and Attorney arises over fees charged for services, the controversy will be submitted to binding arbitration in accordance with the rules of the Califomia State Bar Fee Arbitration Program, set forth in Califomia Business and Professions Code, sections 6200 through 6206. The arbitrator or arbitration panel shall have the authority to award to the prevailing party attorneys' fees, costs and interest incurred. Any arbitration award may be served by mail upon either side and personal service shall not be required. If a dispute arises between City and Attorney over any other aspect of the attorney-client relationship, including, without limitation, a claim for breach of 2 8540971.1 LC00l-009 265 Monday, June 18, 2018, City Council Meeting Page No. 259 professional duty, that dispute will also be resolved by arbitration. It is understood that any dispute as to any alleged breach of professional duty (that is, as to whether any legal services rendered under this agreement were allegedly unnecessary, unauthorized, omitted entirely, or were improperly, negligently or incompetently rendered) will be determined by submission to arbitration as provided by California law, and not by a lawsuit or resort to court process except as California law provides for judicial review of arbitration proceedings. Both parties to this agreement, by entering into it, are giving up their constitutional right to have any such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration. Each party is to bear its own attomey's fees and costs. 5. File Retention After our services conclude, Attorney will, upon City's request, deliver the file for the matter to City, along with any funds or property of City's in our possession. If City requests the file for the matter, Attorney will retain a copy of the file at the City's expense. If City does not request the file for this matter, we will retain it for a period of seven (7) years after this matter is closed. If City does not request delivery of the file for this matter before the end of the seven (7) year period, we will have no further obligation to retain the file and may, at our discretion, destroy it without further notice to City. At any point during the seven (7) year period, City may request delivery of the file. 6. Assisnment This Agreement is not assignable without the written consent of City. 3 8540971.1 LC00l-009 266 Monday, June 18, 2018, City Council Meeting Page No. 260 7. IndependentContractor It is understood and agreed that Attomey, while engaged in performing the terms of this Agreement, is an independent contractor and not an employee of City. 8. Authoritv The signators to this Agreement represent that they hold the positions set forth below their signatures, and that they are authorizedto execute this Agreement on behalf of their respective parties and to bind their respective parties hereto. 9. Term This Agreement is effective July 1, 2018 to June 30, 2019, and may be modified by mutual agreement of the parties. This agreement shall be terminable by either party upon thirty (30) days written notice. LIEBERT CASSIDY WHITMORE, CITY OF LA VERNE, A Corporation A Municipal Corporation By: Name: Title: Date L Date: 4 8540971.1 LC00l-009 267 Monday, June 18, 2018, City Council Meeting Page No. 261 I. PUBLIC AGENCY FEE SCHEDULE Hourly Rates (As of Agreement Effective Date) Partners $370.00 Senior Counsel $320.00 Associates $210.00 - $300.00 Labor Relations/[IR Consultant $19s.00 - $230.00 Paraprofessionals & Liti gation Support $80.00 - $170.00 II. COST SCHEDULE 1. Photocopies $0.15 per copy 2. Facsimile Transmittal $0.25 per page 5 8540971.1 LC00l-009 268 Monday, June 18, 2018, City Council Meeting Page No. 262 This page left intentionally blank 269 Monday, June 18, 2018, City Council Meeting Page No. 263 AGREEMENT FOR SPECIAL SERVICES This Agreement is entered into between the City of La Verne, A Municipal Corporation, hereinafter referred to as "Agency," and the law firm of LIEBERT CASSIDY WHITMORE, A Professional Corporation, hereinafter referred to as "Attorney." WHEREAS Agency has the need to secure expert training and consulting services to assist Agency in its workforce management and employee relations; and WHEREAS Agency has determined that no less than twenty-two (22) public agencies in the West lnland Empire area have the same need and have agreed to enter into identical agreements with Attorney; and WHEREAS Attorney is specially experienced and qualified to perform the special services desired by the Agency and is willing to perform such services; NOW, THEREFORE, Agency and Attorney agree as follows: Attornev's Services: During the year beginning July l, 2018, Attorney will provide the following services to Agency (and the other aforesaid public agencies): Five (5) days of group training workshops covering such employment relations subjects as management rights and obligations, negotiation strategies, employment discrimination and affirmative action, employment relations from the perspective of elected officials, performance evaluation (administering evaluations), grievance and discipline administration for supervisors and managers, planning for and responding to concerted job actions, current court, administrative and legislative developments in personnel administration and employment relations, etc., with the specific subjects covered and lengths of individual workshop presentations to be determined by Agency and the other said local agencies. It is expressly understood that the material used during these presentations, including written handouts and projected power points are provided solely for the contracted workshops. This agreement warrants there will be no future use of Liebert Cassidy Whitmore material in other trainings or formats without the expressed written permission of Liebert Cassidy Whitmore. Any such use will constitute a violation of this agreement and copyright provisions. 2 Availability of Attorney for Agency to consult by telephone. Consortium calls cover questions that the attorney can answer quickly with little research. They do not include the review of documents, in depth research, written responses (like an opinion letter) or advice on on-going legal matters. The caller will be informed if the question exceeds the scope of consortium calls. Should the caller request, the attorney can assist on items that fall outside the service, but these matters will be billed at the attorney's hourly rate. (See additional services section.) 3. Providing of a monthly newsletter covering employment relations developments. Fee: Attorney will provide these special services to Agency for a fee of Three Thousand Dollars ($3,000.00) payable in one payment prior to August 1,2018. The fee, if paid after August 1, 2018 will be $3,100.00. 8536378.1 ER020-026 270 Monday, June 18, 2018, City Council Meeting Page No. 264 Said fee will cover Attorney's time in providing said training and consultative services and the development and printing of written materials provided to attendees at the training programs. Additional Services: Attomey shall, as and when requested by Agency, make itself available to Agency to provide representational, litigation, and other employment relations services. The Agency will be billed for the actual time such representation services are rendered, including reasonable travel time, plus any necessary costs and expenses authorized by the Agency, The range of hourly rates for Attorney time is from Two Hundred Ten to Three Hundred Seventy Dollars ($210.00 - $370.00) per hour for attorney staff, One Hundred Ninety-Five Dollars to Two Hundred Thirty Dollars ($195.00 - $230.00) per hour for Labor RelationsiHR Consultant and from Eighty to One Hundred Seventy Dollars ($80.00 - $170.00) per hour for services provided by paraprofessional and litigation support staff. Attorneys, paraprofessional and litigation support staff billtheir time in minimum units of one-tenth of an hour. Attorney reviews its hourly rates on an annual basis and if appropriate, adjusts them effective July 1. Independent Contractor: It is understood and agreed that Attorney is and shall remain an independent contractor under this Agreement. Term: The term of this Agreement is twelve (12) months commencing July 1,2018. The term may be extended for additional periods of time by the written consent of the parties. Condition Precedent: It is understood and agreed that the parties'aforesaid rights and obligations are contingent on no less than twenty-two (22) local agency employers entering into a substantially identical Agreement with Attorney on or about July l, 2018. Dated v LIEBERT WHITMORE A Profess Corporation By Dated: CITY LA VERNE A Corporation 8536378.1 ER020-026 271 Monday, June 18, 2018, City Council Meeting Page No. 265 AGREETENT TO PROVIDE TiAINTENANCE SERVICES THIS AGREETENT is made and entered into this 1st day of Julv,20'tSbyand between the City of La Veme, a municipal corporation, hereinafter refened to as 'City," and Mclay Services, lnc., hereinafter refened to as 'Contractor' (A) City wishes to establish a contraciual relationship with Contractor to provide services and materials on an on-call basis when needed by City; and (B) City has not determined the exact nature, scope, or budget for these services and materials at this time; and (C) The City has qualified Contractor for providing these services and materials as to insurance and other provisions as specified in this Agreement; and (D) Contractor represents that it is a qualified and competent supplier ofthe services and items to be purchased under this Agreement. IT IS AGREED AS FOLLOWS: 1. Scope of Services. The Contrac{or shall provide all labor, supervision, materials, miscellaneous supplies, transportation, equipment, tools, chemicals, and all other accessories, services, and activities necessary for the provision of preventative HVAC maintenance and repair on and within city facilities as specified in the attached Exhibit A. contrac.tor shall employ,.at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services. 2. Ooerative Date. The services of the Contractor shall be available upon the execution of this Agreement from July 1, 2018 through June 30, 20i 9. 3. City will request addilional services pursuant to this Agreement and the Contractor and the City shall execute a purchase order specirying the nature and cost of the services to be provided for that specific request. Contraclor shall acknowledge receipt and acceptance of the requested materials and/or services by signing a copy of the purchase order and retuming it to the Cig within ten (10) days unless directed to reply sooner. 4, . NgnexcESiViU. Nothing contained in this Agreement shall be construed or interpreted as giving the Contrac{or any exclusive right or priority to provide any or all ofthe services described in this Agreement, and the city shall remain fee to use its own forces or any other person to provide some or all of those services as the City may in its sole discretion determine best meets the City's needs and interests. 5. The Contractor shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Contractor represents and wanants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature, which are legally required for Contractor to practice its profession. Contractor represents and warrants to city that contractor shall, at its sole cost and expense, keep in effect or obrain al all times ar,6ng the term of this Agreement any licenses, permits, and approvals which are legally required for contractor to perform the services requested under thid 272 Monday, June 18, 2018, City Council Meeting Page No. 266 Agreement. lf providing services in the City, Contractor shall maintain a City business license pursuant to the City Municipal Code. 6. Sole Responsibilitv. Contrac'tor shall be responsible for employing or engaging all persons necessary to perform the seNices under this Agreement. 7. Accountino. The Contrac'tor shall present to the City, at the close of each calendar month, an itemized invoice vyhich describes all services performed during said month, classified in such a manner as specified by the City. The City shall pay the Contrac'tor within thirty (30) calendar days of such invoice. Records of the Contrac'tor's direc{ personnel, contractor and reimbursable expenses pertaining to the work and records of accounts befuveen the City and the Contractor, shall be kept on a generally recognized standard accounting basis and shall be available to the City or its authorized representative at mutually convenient times. The City may withhold payment s for individual items if disputed. The City and Contractor shall make their best efforts to resolve disputed items. 8. Cost of Services and Materials. Pricing for those additional services shall be specified in the purchase order and attachments to the purchase order for the specific services and materials requested by the City. ln no event shall a single purchase under this Agreement exceed a total of One Hundred Twenty Five Thousand ($'125,000.00) during the effective period of this agreement. 9. lnformation/Reoort Handlino. All documents fumished to Contractor by the City and all reports and supportive data prepared by the Contractor under this Agreement are the City's property and shall be delivered to the City upon the completion of Contracto/s services or at the City's written request. All reports, information, data, and exhibits prepared or assembled by Contractor in connection with the performance of its services pursuant to this Agreement are confidential until released by the City to the public, and the Contrac'tor shall not make any of the documents or information available to any individual or organization not employed by the Contractor or the City without the wriften consent of the City before such release. 10. Availabilitv of Records. Contrac'tor shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Agreement. Contractor shall make these records available to authorized personnel of the City at the Contracto/s offices during business hours upon written request of the City. 11. Proiect Manaoers. The designated Project Manager is Anthony Ciofti, Operations Manager, who shall represent the Cily on all matters hereunder. He shall have the right of general supervision of all the work performed by the Contractor and shall be the City's agent with respec-t to the review, critique and approval of the services of the Contractor. He shall arrange forthe orderly administration ofthe scope of services by the Contrac.tor, including provisions for work authorizations and coordination of performance. The Operations Manager shall have the right to delegate supervision of certain projects and areas of the Agreement. 12. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To City: Daniel W. Keesey, Direc{or of Public Works City of La Verne 3660 D Street La Verne, CA 91750 273 Monday, June 18, 2018, City Council Meeting Page No. 267 To Contrac'tor: Archie Mclay McLay Services, lnc. 2036 Anow Highway LaVeme, CA 91750 or personally delivered to Contractor to such address or such other address as Contractor designates in writing to City. '13. lndependent Contractor. lt is understood that the Contractor, in the performance of the work and services agreed to be perfomed, shall act as and be an independent contractor and not an agent or employee of the City. As an independent contractor, neither Contrac{or nor any of its officers or employees shall obtain any rights to retirement benefits or other benefits, which accrue, to City employee(s). Wrth prior written consent, the Contractor may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. The contractor warrants that it shall pay and withhold all payroll taxes and similar payments as required by law. lncluding state and federal income tax, state disability insurance premiums, social security taxes and unemployment shall maintain workers' compensation insurance as required by law. 14. Nondiscrimination. Contractor wanants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Contractor does not and shall not discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the Califomia Fair Employment & Housing Acl. ln performing services under this Agreement, Contractor shall not discriminate against any applicant or designer on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition. '15. Emplovment of Aliens. A. Contractor wanants that it fully complies with all laws regarding employment of aliens and others, and that all its employees performing services hereunder meet the citizenship or alien status requirements contained in federal and state statutes and regulations, including, but not limited to, the lmmigration Reform and Control Ac{ of 1986 (P. L. 99-603). B. Contractor shall obtain from all covered employees performing services hereunder, all verification and other documentation of employment eligibility status required by federal statues and regulations as they cunently exist and as they may be hereafter amended. C. Contractor shall retain such documentation for all covered employees for the period prescribed by law. D. Contractor shall indemni!, defend, and hold harmless, the City, its officers and employees from employer sanctions and any other liability wtrich may be assessed against CITY in connection with an alleged violation of federal or state statutes or 274 Monday, June 18, 2018, City Council Meeting Page No. 268 regulations pertaining to the eligibility for employment of person performing services under this agreement. 16. Backoround Check. The City, at its discretion, reserves the right to have employees complete a background check prior to working in any city facility. Costs associated with the background check will be paid by the City. 17 . Citv Kev Policies and Procedures. Keys will be issued to the Contractor and designated employees upon written approval from Department Head and Director of Public Works. A deposit of $100.00 is required for the first key and $50.00 for each key thereafier. Deposit is refundable upon return of the key. Lost or stolen keys require a replacement fee as established by the Director of Public Works. lndividuals issued keys should be aware of security issues involved with the loss of city keys and should exercise responsible measures to keep keys secure. Access to city property is normally after city business hours with the exception of the Public Safety Facility and the Yard. Usual and drstomary business prac{ices Bhould be used to determine the hours that maintenance will be performed. 18. lnsurance. Contraclor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, Contractor's agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's pricing. A. t. lnsurance Services Office Commercial General Liability coverage (form GC 0001), or its exac{ equivalent with an edition date prior to 2004. ii. lnsurance Services Office form number CA 0001 or equivalent covering Automobile Liability, code 1 per accident and endorsement CA 0025. iii. Workers Compensation insuranc€ as required by the Labor Code of the State of Califomia and Employes Liability insurance. B. Minimum Limits of lnsurance Contractor shall maintain limits no less than: General Liability: $1,000,000 combined single limit per occunence for bodily injury, personal injury and property damage. lf Commercial General Liability lnsurance or other form with a general aggregate limit is used, the general aggregate limit shall be $2,000,000. ll Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. l . Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of Califomia and Employers Liability limits of $1,000,000 per accident or disease. 275 Monday, June 18, 2018, City Council Meeting Page No. 269 c. Any deductibles or self-insured reter ions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, an defense expenses. D The policies are to contain, or be endorsed to contain the following provisions: The City of La Veme, its fficers, officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of the Contraclor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or bonowed by the Contraclor. The coverage shall contain no special limitations on the scope of protection afforded to the City of La Veme, its officers, officials, employees, or volunteers, and shall be provided on lnsurance Services ffice Form CG 20 10 with an edition date prior to 2004, or is exact equivalent. Additional insured status for completed operations shall be provided either in the additional insured form or through another endorsement such as CG 20 37 with an edition date prior to 2004. I The Contracto/s insurance coverage shall be primary insuran@ as respects the City of La Veme, its officers, ofiicials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City of La Verne, its officers, orfiicials, employees, agents or volunteers shall be excess of the Contractor's lnsurance and shall not contribute with it. . Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City of La Veme, its officers, officials, employees, agents or volunteeni. tv The Contractofs insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. No liability insurance coverage provided to comply with this Agreement shall prohibit Contrac{or, or Contraclor's employees, or agents, from waiving the right of recovery prior to a loss. Contractor waives its right of recovery against City. 276 Monday, June 18, 2018, City Council Meeting Page No. 270 The insurer shall agree to waive all rights of subrogation against the City of La Veme, its officers, officials, employees, agents or volurteers for losses arising ftom work performed by the Gontractor for the City of La Veme. F. All Coveraoe Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty days prior written notice by cedmed mail, retum receipt requested, has been given to the City of La Veme. G. Acceptabilitv of lnsurerc lnsurance is to be placed with insurers with a Besfs rating of no less than A:Vll. H Upon execution of this Agreement, Contractor shall fumish the Cily with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the City. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurane policies, at any time. L Subcontraclors Contrac{or shall include all subcontrac.tor8 as insured under its policies or shall furnish separate certmcates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. J Contraclor agrees to provide immediate notice to City of any claim or loss against Contrac{or arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 19. lndemnification. The Contrac'tor shall save, keep and hold harmless indemnify and defend the City its officers, agents, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason ol or in the course of performing work which may be occasioned by a willful or negligent ac.t or omissions of the Contractor, or any of the Contracto/s officers, employees, or agents or any subcontractor. This provision shall not apply if the damage or injury is proximalely caused by the gross or active negligence or wilfful misconduct of the City, its officers, agents, employees, or volunteers. 20. Bonds. lndividualjob orders from the City may require performance or labor and material bonds in conformance with City's Standard Specifications. ln any event, for any work 277 Monday, June 18, 2018, City Council Meeting Page No. 271 or services ordered in excess of $75,000, Contractor shall provide, before undertaking any work on that p@ect, a surety bond in an amount equal to at least one hundred percent (100%) of the contract price as security for the payment of all persons performing labor and fumishing materials in connection with this contract purcuant to State law. 21. Prevailino Waoes. Unless otherwise authorized in writing by the City, Contrac{or shall comply with Labor Code Sections 1774 and 1775. The cunent schedule of prevailing wage rates supplied by the State Department of lndustrial Relations is on file and is available for inspection in the office of the City Clerk of the City of La Veme in City Hall at 3660 D Street, La Verne, California. The City shall not supply copies of this schedule for posting on the job site unless specifically requested to do so by the Contractor. lf the Contractor intends to use a craft or classification not shown on the general prevailing wage determinations, it may be required to pay the wage rate of the craft or classification most closely related to it as shown in the general determinations effective at the time of the purchase order. lf the Contrac{or intends to use a craft or classmcation not shown, it shall notify the City at least five (5) working days before the execution of the purchase order. lt is the Contractor's obligation to ensure that prevailing wages are paid in conformance with State law and regulations for projects subject to this agreement. 22. Contractor's Schedule of Fees. This agreement is essentially a 'time and materials' contract. As such, Contractor agrees to provide services, including labor, equipment and material mark-ups, per the rates shown in Exhibit A of this agreement. The only modifications to Exhibit A during the effective period of this agreement shall be with respect to labor rates and prevailing wage requirements as noted in Section 21 of this agreement. 23. Time of the Essence. Prompt delivery of the services and materials is essential to this Agreement. 24. Termination. This Agreement may be terminated at any time by giving thirty (30) days written notice to the other party. Any work, services, or materials being performed or delivered at the time notice of termination of this Agreement is given shall be completed and paid for pursuant to this Agreement and Califomia law. 25. Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of the Agreemenl. 26. Modifications. No modification, waiver, termination, or amendment to this Agreement is effective unless made in writing signed by the City and the Contractor. 27 . Severabilitv. lf any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 28. Entire Aoreement. This Agreement sets forth the entire understanding between the parties. 278 Monday, June 18, 2018, City Council Meeting Page No. 272 This Agreement shall be effective from and after the date set forth below and opposite the respective signatures of the parties. The operative date of this Agreement shall be July 1,2018 to June 30, 2019. CITY OF I.A VERNE A Municipal Corporation Don Kendrick, Mayor Attest: Lupe Estrella Gaeta, Assistant City Clerk McLay Seryices, lnc. BY Archie Mclay, nt Exhibit A 279 Monday, June 18, 2018, City Council Meeting Page No. 273 Contracto!'s Schedule of Fees July 1, 2018 through June 30, 2019 280 Monday, June 18, 2018, City Council Meeting Page No. 274 ! L tt A/C. Heating. Plumbing 2036 Arrow H*y., La \trne, CA 91750 Oflice: (909\ 392-2202 Fax: (909) 392-0042 Contractor's Schedule of Fees Exhibit $A)' July 1, 2018 through June 30r 2019 Mclay Servicesr lnc. shall provide materials, filters, labor, equipment and tools necessary to perform services as required by the City of La Verne. Routing services will be performed during City of La Verne business hours which are Monday through Thursday 8 a.m. and 6 p.m. SCHEDULE I Mclay Selicesr Inc. shall provide guaranteed maintenance to the facility locations covered under this Agreement for a period of one (1) year at a cost $1,498.50 per month (average). See list below: o City Hall...... $176.50 a Public Safety (Police Stationffire Dept #l)...... $522.50 a Wheeler Fire Station #2 ...... $76.s0 o Community Center...... o City Yard.. O Veteran's Hall ...... $10s.00 O WaterMonitoring Station ...... $44.00 a Fire Station #3...... $107.50 o Water Filtation Station. $90.00 o Oak Mesa Park...... $52.00 The service rates for non-maintenance repairs are as follows: . $85.00 / hour during nomal business hours o $120.00 / hour during non-business hours o $160.00 / hour during legally observed holidays See attached pavment schedule. Z:/Operations/Maintenance/City of La Veme/Schedule of Fees 281 Monday, June 18, 2018, City Council Meeting Page No. 275 ACOR OATE (T,il,I,D,YYYN \--' CERTIFICATE OF LIABILITY INSURANCE c6f23m18 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOI.DER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEOATIVELY AMEND, EXTEND OR ALTER THE COVERAOE AFFORDED BY THE POUCIES BELOW. THIS CERTIF|CATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUINO TNSURER(S), AUTHORIZED REPRESET{TATI\,E OR PRODUCER, AND THE CERTIFICATE HOI.DER. IMPORTANT: !t the certlflcato holder ls an ADDITIONAL INSURED, the pollcy(les) must ha\re ADDITIONAL INSURED pro\rlslons or be endorssd. lf SUBROOATION lS WAIVED, subiect to the tems and condltions ol ths policy, certain pollcles may require an endorsement. A statement on this certificete does not conier ridrts to the certificate holder ln lieu ol such endorsemelrt(s). PRODUCER S?Ltscr cr IFNT coNTAcr .FNTFR FEDERATED MUTUAL INSURANCE COMPANY HOME OFFICE: P.O. BOX 328 Hi?li^ ..^. ate-satrq4o iirl-r. .It7-a/ra-aFiF'a oll/ATONNA, MN 55060 i'llgl.L"". .l I ENT..\NTA.T.FNTEPaIEEnINq .6r. IilSUNElllSI AFFORDIIIG COVERAGE NAIC , ITISURER A: FEDERATED MUTUAL INSURANCE COMPANY 13qt5 INSURED 309.943-9 IIIFIII;-I:liEE MCLAY SERVICES INC IilSURER C: 2036 ARRO\A/ HWY IilSURER D: LA VERNE, CA 9'1750-5413 INSURER E: IilSURER F: COVERAGES CERTIFICATE NUMBER: 11 REVISION NUMBER:3 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUEO OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CIAIMS. INSR POUCY EFF POUCY EXP tio TYPE OF INSURANCE POUCY NUITiBER lMMrnhrwwvl luurhhrwwvl LIMITS x COMMERCIAL GEI{ERAL LIABILITY EACH OCCURRE'{CE $1,m0,000 -l"*rr-*,-, DAMAGE TO RENTED OCCUR FPEMIaEe lEr $100,000 x ^.drrEn-l MED EXP (Any orc pcronl EXCLUDED A 9130965 u101t2018 u101t2019 PERSONAL A AT'V INJURY $1,000,000 fL AGCREOATE LIMIT APPLIES PER; GENERAL AGGRECAYE $2,000,000 x eourcv l-l![!; l-l .o. PRODUCTS . COMP'OP AOO $2,000,000 OTTIER: $1,000,000 x ANY AUTO BODILY INJURY (Prr p!Bm) SCHEDULED A OWNED AUTOS ONLY AJTOS NN 913055 ut0'v2018 ulo1ti2019 BODILY INJURY (Pcr rccld$0 NON.OWNED HIRED AUTOS ONLY AUTOS ONLY x UMBRELLA LIAB x OCCUR EACH OCCURRENCE A EXCESS LIAB CLAIMS-MADE N N 913097'l un1n2018 0/.n1nug AGGRECATE $2,0m,000 DED RETENTION WORXERS COMPENSATION srrrure OTH. AND EMPLOYERS' LIAEILITY lern ER AI{Y PROPRIETOR'PARTNER'EXECUTIVE E.L EACH ACCIDENT OFFICER'MEMBER EXCLUDED? N'A E . (Mm.trtory in ilHl E.L DISEASE EA EMPLOYEE ll ,es, dcscribc undcr . DESCRIPTION OF OPERATIONS below E.L DISEASE POLICY LIMIT DESCRIPTION OF OPERATIONS, LOCATIONS , VEHICLES (ACORD lot, Addltmrl Rcmrrts Sdprtul!, m.y D!.lbcrrd il moro ipre is rtquiEd) SEE ATTACHED PAGE CERTIFICATE HOT.OER fdtl[;q-il,lf4trIll 309.943-9 11 3 CIry OF LA VERNE SHOUI.D ANY OF THE ABOI/E DESCRIBED POUCIES BE CANCEL1ED BEFORE 3660 D ST THE EXPIRATION DATE THEREOF, NOTICE wlLL BE DEUVERED IN LA VERNE, CA 91750-3512 ACCORDANCE wlTH THE POUCY PROVISIONS. AUTHORIZED REPRESENTATIVE ,rud*J ( )4,* @ 1988-2015 ACORD CORPORATION. All rigms resewed. ACORD 25 (201603) The ACORD name and logo are reglsterred marts o, ACORD 282 Monday, June 18, 2018, City Council Meeting Page No. 276 AGENCY CUSTOMER !D: 309-913-9 LOC #: ADDITIONAL REMARKS SCHEDULE Pagelal AOENCY NAITIED IT{SURED FEDERATED MUTUAL INSURANCE COMPANY MCLAY SERVICES INC 2036 ARROTV HWY POUCY NUMBER LA VERNE, CA 91750-5413 sEE CERTTFTCATE # 11.3 t:!ililI{il I L! t{.(.) )) { sEE CERTTFTCATE # 11.3 EFFECIVE DATE: sEE CERTIFICATE # 11.3 TH]S ADD]TIONAL REMARKS FORM IS A SCHEDUI,.E TO ACORD FORM, FORM NUMBERi 25 FORM TITI,E: CERTIFICATE OF LIABILITY INSURANCE rHE CERTIFICATE HOLDER TS Ail ADDITIO}IAL INSURED SUBJECT TO THE CONDITIOilS OF THE ADDITIONAL INSURED - OWT{ERS, LESSORS OR CONTRACTORS - AUTOIIATIC STATUS ltHEl{ REQUIRED It{ CONSTRUCTIOT{ AGREE}|ENT WITH YoU Ei{DORSE}|ENT FOR GEI{ERAL LIABILIW. IIGURANCE PROVIDED BY THE GET{ERAL TIABILIW COVENAGE IS PBI'{ARY AiD NOT{C$ITRIBUTORY OVER OTHER INSURAI{CE. GENERAL LIABILTW CONTAINS A WAIVER OF SUBROCATION IN FAVOR OF THE CERTIFICATE HOLDER SUBJECT TO THE CONDITIONS OF THE BLAI(ET WAIVER OF TRANSFEN OF RIGHTS OF RECOVERY ENDORSEI,IEIIT. rHE CIW OF LA VERI{E, ITS OFFICERST OFFICIALST EIIPLOYEES' AGENTS AilD VOLUITEERS ARE M,I{ED AS ADDITIOML INSUNED |TTH RESPECTS TO GENERAL LIABITITY ACORD 101 (2(r}Br01) @ 2m A@RO CORPORATION. At rlghts reservsd. The ACORD namo and logo are reglstered marts ot ACORD 283 Monday, June 18, 2018, City Council Meeting GL Page No. 277 GOMMERCIAL GENERAL UAEILITY cG 20 01 04 t3 THIS ENDOR$E}TENT O{A}IGES THE FOLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY . OT}IER INSURANCE CONDITION Thrs entloreem€nt rBodifies insurancs provided under the lollowiBg: COMMERCIAL GENERAL LIABTLITY COVERAGE PART PRODL,CTSTCOM Pt. ETEO OPERATIONS LIABI t.lTY COVERAC# PART The following is added to lhe Other lnsurance (A Vos have agreed in wriling in a cunlract Condillon and 6upersede6 sny provlsion to the or agreentent that this lnsurance would be conlrary: primary anct would not oeeh contribulion Primary Aru{ }foncoutibnk ry lnsurance lmm any other insurance available to the additional insured. Thrs insurance is prirrary to and will nut seek col{ributioo from any other insurasce avsilable to sn sdditional in$ured under your pciicy provided that (1) The additiqnql inBured is a Nsmed lnsured under such nther insurance: and @ lnssr€nce Services Ollice. lnc., 2012 Page I of 1 cG 20 01 04 13 Policy Number 9130065 Transaction Ellective Date: 04.O1-?018 284 Monday, June 18, 2018, City Council Meeting Page No. 278 COMMERCIAL GENERAL UAEILITY GG U0 38 0{ 13 THIS ENDORSEMENT G1{AhIGES THE FOLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OVt NERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WI,IEN REQUIRED IN CONSTRUCTIOI.I AGREEMENT WITH YOU Thr$ endorsement modifies insurance provided under lhe following: COMMERCIAL GENERAL LIABILIfi COVERAGE PART A. Sectk r ll - ttho ls An lnsBr€d is amendBd to B. Wilh respect to lhe insurence eflordBd lo thess include as an additicnal insured any person or additional insureds, the lollowing additional organization for whonr you are perfrcrming excluaions apply: operalions when you and auch p€rson or This insurance does not apply to: organization have agreed in wdting in a conlract l. iuJury". danrage" or or agreemenl that such person or organiealion be "Bodily 'property opersonal arrd adverlleing lnjur/ arislng out added as an addltional insured on your prollcy. the rendering ol, or the tailure to rend6r, Such person crgarlizntion additional ol or is en any professional architectural, engrneering or iosured only with r€spect to liability for "bo @ lnsurance $erv'ices Oltice. Inc., 2012 Page 1 of 2 cc 20 33 04 t3 Policy Numbar 91@65 Transaction Effective Dste: 04{t1'A)18 285 , .. ,. ,{,. Monday, June 18, 2018, City Council Meeting Page No. 279 2. 'Bodily inlury' or ?roperly damage" C. frith respect lo th9 rnsuranc€ afiorded to theee @curriog after: additional insureds, the following is added to a. All r*ork, incltldiflg materials, part3 or Eeclion lll - Umits Of lnsurance: eguipment furnished in connec{ion with The most we will psy on behslt of ths additional strch wsrk. ofl the proiect (other than insured is the amount of insurance: service. maintenance or repairs) to be 1. Required by the contract or ogreemeRt you performed by or on behslt d the additional have entared into with the addltional lnsured: insured{s) at the location ol the covered or operations has been compleled: or 2. Available under the applicable Limils ol b, Thal porlion o{ "ydrr work' oul ol which lnsuranco shown in the Declaratione,: {he iniury or darnage arlses has beeo put {o its rntended use by any person or whichever is less. organiration olher than another contraclot ThiE esdarsemeot shall not increase the or subcontraclor engagexl in pnrfornring applicable Limits of lnsurance ghown in th€ operations lor a principal as a parl of the Declarations. sarne pr Pagp 2 ol 2 @ lnsurence $ervices Office. Inc,, ?012 cG 20 33 04 13 Policy Numben S190S65 Yransaction Eflectlve Date:04{{-2018 286 Monday, June 18, 2018, City Council Meeting Page No. 280 FEDERATED TNSUBANCE COMPANTES THIS ENDORSEIyENI CIIANGES THE pOLlCY. PLEASE READ lT C.AEEFII-LY, BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Thrg endorsemeot rnodifies insuraoce provided under lhe following: COMMERCIAL G€NERAL LIABILIW COVERAGE PART PRODUCIiTCOMPLETED OPERATTONS LIABILITY COVERAGE PART The following is added lo Paragraph & Transfer Ot Rights Of Recoveqr Agd$st Olhers To Us of Secdm lV - Cqrdtions: We waive any right of recovery we may have against any person or organiz.ation because of payments we make for iniury or danrage arisiog oril cd your ongoiflB operEtions or "1ottr u,ork' done unrler a Dontract with that person or organizstion a,d ificluded in the 'products-conrpleled operstions bgzard", except when tlre paynrcnt$ result lront the sole negligence ol that person or argsnization. We wsive this right orrly wlren you arp required to do so by written contract or agreement with that person or organizattofl. executed by you prlor to the occrrrrence o[ any lo$s. lncludes cofiyrlghted rnaterlal cil lns,urance Services Oflice. lnc. wlth lts permis$ion. CG-F-81 (04-13) Policy Number 9130965 Tmnsaclion Ellective Date: M{1-2018 287 Monday, June 18, 2018, City Council Meeting Page No. 281 OAIE (MM/DD/YYYY} CERTIFICATE OF LIABILITY INSURANCE 12t22t2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF II{FORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AT{D THE CERTIFICATE HOLDER. IMPORTANI lf the certlficate holder iE an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provlsions or be ondorsed. lf SUBROGATION lS WAIVED, subject to the terms and conditiong of the policy, certain policles may require an endoBement A statement on this certificate does not confer rights to the certlflcate holder an lleu of such endorsement(s). PRODUCER Shelly Prieve Primary Source lnsuranceAgency lnc ljf ,fo..o,, (8oo) 760-2809 (877) 446-4631 121 E Park Square [email protected] INSURER(S} AFFORDING COVERAGE NAIC # 55060 National lnsurance 1 Owatonna MN TNSURERA : Security Company 9879 INSURED INSURER B: McLay Services lnc INSURER C : 2036 Arrow Hwy INSURER D: INSURER E La Verne cA 91750 INSURER F: COVERAGES CERTTFTCATE NUMBER: 1E-1s \ /C REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO V\II-IICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOVViI MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD uruD POI-ICY NUMBER (MiI/DD/YYYY} (MM'OD'YYYY) LlillTS COITIM ERCIAL GENERAL LIABILITY EACH OCCURRENCE 0 CLAIM9MADE OCCUR $ MED EXP (Any one peEon) s PERSONAL & ADV INJURY $ PER: GENERALAGGREGATE $ PRO- POLICY JECT LOC PROOUCTS - COMP/OPAGG $ $ AUTOMOBILE LIABILITY $ ANY AUTO BODILY INJIJRY (Per p€lu) $ owlrED SCHEDULED BODILY INJURY (Psr accidst) $ AUTOS ONLY AUTOS HIRED NON-OVVNED s AUTOS ONLY AUTOS ONLY $ UMBRELI.A LIAB OCCUR EACH OCCURRENCE ! EXCESS LIAB CLAIMSMADE AGGREGATE $ DED RETENTION S $ WORI(ERS COMPENSATION PER OTH- STATI JTF FR AND EMPLOYERS' LIABILITY x 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E,L. EACH ACCIDENT $ A OFFICER/MEMBER EXCLUDED? N'A s\A/c117E826 01t0112018 01t01t2019 1,000,000 (M.ndatory in NH) fr E,L, DISEASE - EA EMPLOYEE o lf yes, describe und€r 1,000,000 DESCRIPTION OF OPERATIONS boIN E,L, DISEASE - POLICY LIMIT s DESCRIPTION OF OPERATTONS, LOCAnONS , VEHICLES (ACORD 101, Addition.l RemarlG Schedulo, mry be rttlch€d it moc Ep.ce i! EquiBd) RE: OPERATIONS USUAL TO THE NAMED INSURED BLANKET WAIVER OF SUBROGATION IN FAVOR OF CERTIFICATE HOLDER APPLIES TO WORK COMP POLICY \A'}IERE REQUIRED BY WRITTEN CONTRACT CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WLL BE DELIVERED IN CITYOF LAVERNE ACCORDANCE WITH THE POLICY PROVISIONS. 3660 O STREET AUTHORIZED REPRESENTATIVE LA VERNE cA 91750 /{-b O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016'03) The ACORD name and logo are registered marks of ACORD 288 Monday, June 18, 2018, City Council Meeting Page No. 282 This page left intentionally blank 289 Monday, June 18, 2018, City Council Meeting Page No. 283 AGREEMENT TO PROVIDE MAINTENANCE SERVICES THIS AGREEMENT is made and entered into this 1st day of 2018, by and between the City of La Verne, a municipal corporation, hereinafter referred to as "City," and Morrow-Meadows Corporation hereinafter referred to as "Contractor." RECITALS (A) City wishes to establish a contractual relationship with Contractor to provide services and materials on an on-call basis when needed by City; and (B) City has not determined the exact nature, scope, or budget for these services and materials at this time; and (C) The City has qualified Contractor for providing these services and materials as to insurance and other provisions as specified in this Agreement; and (D) Contractor represents that it is a qualified and competent supplier of the services and items to be purchased under this Agreement. IT IS AGREED AS FOLLOWS 1. Scope of Services. The Contractor shall provide the following services: A. Maintain or repair pump motors, controls and similar equipment. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor herein under in meeting its obligations under this Agreement. 2. Operative Date. The services of the Contractor shall be available upon the execution of this Agreement from July 1 ,2018 through June 30, 2019. 3. Request for Services. City will request services pursuant to this Agreement and the Contractor and the City shall execute a purchase order specifying the nature and cost of the services to be provided for that specific request. Contractor shall acknowledge receipt and acceptance of the requested materials and/or services by signing a copy of the purchase order and returning it to the City within ten (10) days unless directed to reply sooner. 4. Nonexclusivitv. Nothing contained in this Agreement shall be construed or interpreted as giving the Contrador any exclusive right or priority to provide any or all of the services described in tnis Agreement, and the City shall remain free to use its own forces or any other person to provide some or all of those services as the City may in its sole discretion determine best meets the City's needs and interests. S. Compliance with Laws. The Contractor shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature, which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to perform the services requested under this 290 Monday, June 18, 2018, City Council Meeting Page No. 284 Agreement. lf providing services in the City, Contractor shall maintain a City business license pursuant to the City Municipal Code. 6. Sole Responsibilitv. Contractor shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement. 7. Accountino. The Contractor shall present to the City, at the close of each calendar month, an itemized invoice which describes all services performed during said month, classified in such a manner as specified by the City. The Gity shall pay the Contrac{or within thirty (30) calendar days of such invoice. Records of the Contraclor's direct personnel, contractor and reimbursable expenses pertaining to the work and records of accounts between the City and the Contractor, shall be kept on a generally recognized standard accounting basis and shall be available to the City or its authorized representative at mutually convenient times. The City may withhold payments for individual items if disputed. The City and Contractor shall make their best efforts to resolve disputed items. 8. Cost of Services and Materials. Pricing for those services shall be specified in the purchase order and attachments to the purchase order for the specific services and materials requested by the City. ln no event shall a single purchase under this Agreement exceed a total of One Hundred Twenty Five Thousand ($125,000.00) during the effective period of this agreement. 9. lnformation/Reporl Handlino. All documents furnished to Contractor by the City and all reports and supportive data prepared by the Contractor under this Agreement are the City's property and shall be delivered to the City upon the completion of Contracto/s services or at the City's written request. All reports, information, data, and exhibits prepared or assembled by Contractor in connection with the performance of its services pursuant to this Agreement are confidential until released by the City to the public, and the Contrac-tor shall not make any of the documents or information available to any individual or organization not employed by the Contractor or the City without the written consent of the City before such release. 10. Availabilitv of Records. Contractor shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Agreement. Contractor shall make these records availabb to authorized personnel of the City at the Contractot's offices during business hours upon written request of the City. 11. Proiect Manaoers. The designated P@ect Manager is Anthony Ciotti, Operations Manager, who shall represent the City on all matters hereunder. He shall have the right of general supervision of all the work performed by the Contractor and shall be the City's agent with respec't to the review, critique and approval of the services of the Contractor. He shall arrange for the orderly administration of the scope of services by the Contractor, including provisions for work authorizations and coordination of performance. The Operations Manager shall have the right to delegate supervision of certain projects and areas of the Agreement. 12. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To City: Daniel W. Keesey, Director of Public Works City of La Verne 3660 D Street La Verne, CA 91750 291 Monday, June 18, 2018, City Council Meeting Page No. 285 To Contractor: Morrow-Meadows Corporation 231 Benton Court City of lndustry, CA 91789 or personally delivered to Contractor to such address or such other address as contrac{or designates in writing to City. 13. lndependent Contractor. lt is understood that the Contractor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the City. As an independent contractor, neither Contractor nor any of its officers or employees shall obtain any rights to retirement benefits or other benefits, which accrue, to City employee(s). With prior written consent, the Contractor may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. The contractor warrants that it shall pay and withhold all payroll taxes and similar payments as required by law. lncluding state and federal income tax, state disability insurance premiums, social security taxes and unemployment shall maintain workers' compensation insurance as required by law. 14. Nondiscrimination. Contractor warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Contrac{or does not and shall not discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act. ln performing services under this Agreement, Contractor shall not discriminate against any applicant or designer on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition. 15. Emplovment of Aliens. A. Contractor warrants that it fully complies with all laws regarding employment of aliens and others, and that all its employees performing services hereunder meet the citizenship or alien status requirements contained in federal and state statutes and regulations, including, but not limited to, the lmmigration Reform and Control Ac{ of 't986 (P. L. e9-603). B. Contractor shall obtain from all covered employees performing services hereunder, all verification and other documentation of employment eligibility status required by federal statues and regulations as they currently exist and as they may be hereafter amended. C. Contractor shall retain such documentation for all covered employees for the period prescribed by law. D. Contractor shall indemnify, defend, and hold harmless, the City, its officers and employees from employer sanc'tions and any other liability which may be assessed against CITY in connection with an alleged violation of federal or state statutes or 292 Monday, June 18, 2018, City Council Meeting Page No. 286 regulations pertaining to the eligibility for employment of person performing services under this agreement. 16. Backoround Check. The City, at its discretion, reserves the right to complete a background check for any employee prior to working in any city facility. Costs associated with the background check will be paid by the City. 17. Citv Kev Policies and Procedures. Keys will be issued to the Contractor and designated employees upon written approvalfrom Department Head and Director of Public Works. A deposit of $100.00 is required for the first key and $50.00 for each key thereafter. Deposit is refundable upon return of the key. Lost or stolen keys require a replacement fee as established by the Director of Public Works. lndividuals issued keys should be aware of security issues involved with the loss of city keys and should exercise responsible measures to keep keys secure. Access to city property is normally after city business hours with the exception of the Public Safety Facility and the Yard. Usual and customary business practices should be used to determine the hours that maintenance will be performed. 18. lnsurance. Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, Contractor's agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's pricing. A. Minimum Scope of lnsurance Coveraqe shall be at least as broad as: i. lnsurance Services Office Commercial General Liability coverage (form GC 0001), or its exact equivalent with an edition date prior to 2004. ii lnsurance Services Office form number CA 0001 or equivalent covering Automobile Liability, code 1 per accident and endorsement CA 0025. iii Workers Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. B. Minimum Limits of lnsurance Contractor shall maintain limits no less than i. General Liability: $5,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. !f Commercial General Liability lnsurance or other form with a general aggregate limit is used, the general aggregate limit shall be $10,000,000. ii. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. iii Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident or disease. 293 Monday, June 18, 2018, City Council Meeting Page No. 287 C. Deductibles and Self-insured Retentions i. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, an defense expenses. D. Other lnsurance Provisions The policies are to contain, or be endorsed to contain the following provisions i. The City of La Verne, its officers, officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of La Verne, its officers, officials, employees, or volunteers, and shall be provided on Insurance Services Office Form CG 20 10 with an edition date prior to 2004, or is exact equivalent. Additional insured status for completed operations shall be provided either in the additional insured form or through another endorsement such as CG 20 37 with an edition date prior to 2004. il. The Contractor's insurance coverage shall be primary insurance as respects the City of La Verne, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City of La Verne, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's lnsurance and shall not contribute with it. iii Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City of La Verne, its officers, offlcials, employees, agents or volunteers. iv The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. V No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of recovery prior to a loss. Contractor waives its right of recovery against City. E. Workers'Compensation and Emolovers Liabilitv Coveraoe 294 Monday, June 18, 2018, City Council Meeting Page No. 288 The insurer shall agree to waive all rights of subrogation against the City of La Veme, its officers, officials, employees, agents or volunteers for losses arising from work performed by the Contractor for the City of La Verne. F. All Coveraoe Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty days prior written notice by certified mail, return receipt requested, has been given to the City of La Verne. G. Acceptabilitv of lnsurers lnsurance is to be placed with insurers with a Best's rating of no less than A:Vll. H. Verification of Coveraoe Upon execution of this Agreement, Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the City. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. l. Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. J. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. '19. lndemnification. The Contractor shall save, keep and hold harmless indemnify and defend the City its officers, agents, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Contractor, or any of the Contractor's officers, employees, or agents or any subcontractor. This provision shall not apply if the damage or iniury is proximately caused by the gross or active negligence or willful misconduct of the City, its officers, agents, employees, or volunteerc. 295 Monday, June 18, 2018, City Council Meeting Page No. 289 20. Bonds. lndividual job orders from the City may require performance or labor and material bonds in conformance with City's Standard Specifications. ln any event, for any work or services ordered in excess of $75,000, Contractor shall provide, before undertaking any work on that project, a surety bond in an amount equal to at least one hundred percent (10006) of the contract price as security for the payment of all persons performing labor and furnishing materials in connection with this contract pursuant to State law. 21. Prevailinq Waoes. Unless otherwise authorized in writing by the City, Contractor shall comply with Labor Code Sections 1774 and 1775. The current schedule of prevailing wage rates supplied by the State Department of lnduskial Relations is on file and is available for inspection in the office of the City Clerk of the City of La Verne in City Hall at 3660 D Street, La Verne, California. The City shall not supply copies of this schedule for posting on the job site unless specifically requested to do so by the Contractor. lf the Contractor intends to use a craft or classification not shown on the general prevailing wage determinations, it may be required to pay the wage rate of the craft or classification most closely related to it as shown in the general determinations effective at the time of the purchase order. lf the Contractor intends to use a craft or classification not shown, it shall notify the City at least five (5) working days before the execution of the purchase order. lt is the Contractor's obligation to ensure that prevailing wages are paid in conformance with State law and regulations for projects subjecl to this agreement. 22. Contractor's Schedule of Fees. This agreement is essentially a "time and materials' contracl. As such, Contractor agrees to provide services, including labor, equipment and material mark-ups, per the rates shown in Exhibit A of this agreement. The only modifications to Exhibit A during the effective period of this agreement shall be with respect to labor rates and prevailing wage requirements as noted in Section 16 of this agreement. 23. Time of the Essence. Prompt delivery of the services and materials is essential to this Agreement. 24. Termination. This Agreement may be terminated at any time by giving thirty (30)days written notice to ttre other pirty. Any work, services, or materials being performed or delivered at the time notice of termination of this Agreement is given shall be completed and paid for pursuant to this Agreement and Califomia law. 25. Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuingtvaiver or a waiver of a subsequent breach of the same or any other provision of the Agreement. 26. Modifications. No modification, waiver, termination, or amendment to this Agreement is effective unless made in writing signed by the City and the Contraclor. 27 . severabilitv. lf any term of this Agreement is held invalid by a court of competent jurisdiction the remainder of this Agreement shall remain in effect. 28. Entire Aoreement. This Agreement sets forth the entire understanding between the parties. 296 Monday, June 18, 2018, City Council Meeting Page No. 290 This Agreement shall be effective from and after the date set forth below and opposite the respective signatures of the parties. The operative date of this Agreement shall be July 1 ,2018 to June 30, 2019. CITY OF LA VERNE A Municipal Corporation Don Kendrick, Mayor Attest: Lupe Gaeta Estrella, Assistant City Clerk Morrow-Meadows Corporation , Assistant Secretary 297 Monday, June 18, 2018, City Council Meeting Page No. 291 Exhibit A Contractorrs Schedule of Fees July 1, 2018 through June 30, 2019 MORROW.MEADOWS CORPORATION Electrica! & Data/Communications Contractors and Engineerc California License No. 230813 GORPORATE OFFICE 231 Benton Court, City of lndustry, CA 91789 909.598.7700 WALNUT OFFIGE 620 Reyes Drive, Walnut, CA 91789 909.594.4061 www. monow-meadows.com City of La Verne Hourly Rates - Effective July 2018 - June 2019 The following table illustrates the current hourly rate charged by Morrow-Meadows per person on a time and material type project and for change order work. Discioline Normal Overtime Double-'time Engineering $115.96 N/A N/A PLC Programming $1s0.00 $193.s0 $237.00 HMI Programming $1s0.00 $193.s0 $237.00 Start-Up / Testing Engineer $118.96 $1s2.27 $187.9s Control Panel Fabrication $80.00 N/A N/A Field Seruice With Truck *x $118.96 $Ls2.27 $187.9s Field Seruice No Truck $108.00 $138.24 $170.64 Project Management $L24.78 N/A N/A CAD Design $11s.96 N/A N/A Normalworking hours are defined as those hours worked Monday through Friday that do not total more than 8 hours per day. Overtime working hours are defined as those hours worked Monday through Friday that are in excess of 8 hours and up to a maximum of 16 hours per day. Overtime working hours are also defined as those hours worked on a Saturday that do not total more than 8 hours. Double-Time working hours are defined as those hours worked Monday through Friday that are in excess of 16 hours per day. Double-Time working hours are also defined as those hours worked on Saturdays that are in excess of 8 hours per day. Double-Time working hours are also defined as those hours worked on a Sunday. Travel days are billed at a maximum of four (4) hours of Normal time at the rate for the respective discipline on any day that travel occurs. 298 Monday, June 18, 2018, City Council Meeting Page No. 292 There is a four (4) hour minimum charge for service work. Service calls are billed on a portal to portal basis. Travel related expenses are passed through at cost. ** Rates include test equipment, tools, service truck and fuel costs. 299 Monday, June 18, 2018, City Council Meeting Page No. 293 DAIE (MM'DD/YYYYI CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO R]GHTS UPON THE CERTIFICATE HOLOER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR ilEGAT]VELY A]UIEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF TNSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTAT]VE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: lf the certifacate holder is an ADDITIONAL INSURED, the policy(ies) must haye ADDITIONAL INSURED provislons or be endoraed. lf SUBROGATION lS WAIVED, subject to the terms and conditions of the policy, certain pollcies may requlre an endorBement. A statement on this certificate does not confer riohts to the certlficate holder in lleu of such endorcement(s). PRODUCER rick lns urance 1 1 50 E Ave., Suite 100 Placentia, TnII'rJ www.snatns.com INSURED Morrgw-Meadows Corporation 231 Benton Court City of lndustry CA 91789 NUTIIT!l.il THIS IS TO CERTIFY THAT THE THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONOITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO \A'I.IICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOV\N MAY HAVE BEEN REDUCEO BY PAID CI.AIMS. IN ll 11r_lr I TYPE wvD ?.,1I6TTIMI]:EI-iI LIMITS A COMMERCIAL GENERAL LIABILITY wc2J-c0-93228,094-17 7t1t2017 7t1t2018 EACH OCCURRENCE 3 1 000 000 OC&P & XCU INCLUDE CI.AIMS.MADE OCCUR $ 300.000 Blanket Cont.L MED EXP IAN ore oeconl s 5.000 BFPD;Cross Lia PERSONAL & ADV INJTJRY $ 1.000.000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 02,000,000 PRO- POLICY LOC JECT I I PROOUCTS - COMP/ICP AGG s2.000.000 $ A AUTOMOBILE LIABILITY wEcAP9322812517 711t2017 7t112018 s 1.ooo.ooo ANY AUTO BOOILY INJURY (Per peEon) $ OWNED SCHEDULED BODILY INJURY (Pd accid€nt) AUTOS ONLY AUTOS $ HIRED NON-OW!ED Pf(OPET< I Y UAMAGE AUTOS ONLY AUTOS ONLY (Per accidsnt) $ -_ s A I UMBRELLA LIAB OCCUR WSMJ-CUP-3il4M,{44 7t1t2017 7t'U2018 EACH OCCURRENCE s 5.000.000 EXCESS LIAB CTAIMS.MADE AGGREGATE $ 5.000.000 DFD RFTFNTION 3 3 A g.IITIEIF:tTiI.Ill wc2J-u8-94944622-17 7t1t2017 7t1t2018 PEF' OTH- i{rirdrtiF:qINJjI|IZ STATIITF FR E,L, EACH ACCIDENT $ 1,000,000 EXCLUDEO? N'A Iil E,L, DISEASE. EA EMPLOYEE t.i ono nnn F I DISFASF - POI ICY I IMIT s 1.000.000 OESCRIPTION OF OPERATIONS , LOCATIONS, VEHICLES (ACORD t0'1, Addltlonal Romrtr ScheduL, my be.ttlchcd It mre sp.cc lt mqulred) Annual Agreement with the City of La Veme The City of La Verne, its officers, ofricials, employees, agents and volunteers are named additional insured, this insurance is primary and non-contributory, waive r of subrogation applieg, as required by written conlracl per endorsement attached. '10 days nolice ol cancellation for non-payment of premium. Annual Agreement with the City of La Verne SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEO BEFORE Citv of La Verne THE EXPIRATIOT{ DATE THEREOF, NOTICE wlLL BE DELIVERED IN 3660 D Street ACCOROANCE WITH THE POLICY PROVISIONS. La Verne CA 91750 AUTHORIZED REPRESENTANVE Ted Adamson @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 420s4920 | MoRRo-1 I rzlta cr AU wc wB g5M rMasrer Tehplate. I sandy sraley I s/23/2oLB 1:1?:2s pM {pm) | page 1 of ro 300 Monday, June 18, 2018, City Council Meeting Page No. 294 Morrow-Meadows Corporation wc2J-co-93228094-17 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY o s (coNTRACTORS) This endorsement modifies insuranc€ provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO lS AN INSURED - (Section ll) is amended cl The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily iniury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for "bodily iniury", requiring insurance" specifically requires you provide "property damage" or "personal iniury"; and to such coverage for that additional insured, and then the insurance provided to b) lf, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the '\ ritten contract requiring insur- requiring insuEnce" applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other insurance", whether primary, a) ln the event that the Limits of lnsurance of excess, contingent or on any other basis, that is this Coverage Part sho/t/n in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contracl requiring insurance", the in- '\Mritten contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contribulory basis, quired by that "written contract requiring in- this insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section lll - Limits Of lnsurance. for such loss, and we will not share with that "other insurance". But the insurance provided to b) The insurance provided to the additional in- the additional insured by this endorsement still is sured does not apply to "bodily iniury", "prop- excess over any valid and collectible "other in- erty damage" or "personal injury" arising out surance", whether primary, excess, contingent or of the rendering of, or failure render, to any on any other basis, that is available to the addi- professional architectural, engineering or sur- tional insured when that person or organization is veying services, including: an additional insured under such "other insur- i. The preparing, approving, or failing to an@". prepare maps, or approve, shop draw- 4. As a condition of coverage provided to the ings, reports, opinions, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured must give us written prove, drawings and specifications: and notice as soon as practicable of an "occur- renc,e" or an offense which may result in a Supervisory, inspection, architectural ii. or claim. To the extent possible, such notice engineering activitles. should include: CG D2 46 08 05 @2005 The St. Paul Travelers Companies, lnc. Page 1 ol 2 {2454t20|xorRo-rI17/13Gr,AuBcrJBs5n.x.!t.!T6D1.t.rIs.ndysr.leyI5/2rl2or3r:rr:25PxlrDr)|,rge2of!o 301 Monday, June 18, 2018, City Council Meeting Page No. 295 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" any provider of "other insurance" which would or offense took place; cover the additional insured for a loss we cover under this endorsement. However, this ii. The names and addresses of any injured condition does not affect whether the insur- persons and witnesses; and ance provided to the additional insured by iii. The nature and location of any injury or this endorsement is primary to "other insur- damage arising out of the "occurrence" or ance" available to the additional insured offense. which covers that person or organization as a b) lf a claim is made or "suit" is brought against named insured as described in paragraph 3. the additional insured, the additional insured above. must: 5. The following definition is added to SECTION V. i. lmmediately record the specifics of the . DEFINITIONS: claim or "suit" and the date received; and "Written contract requiring insurance" means ii. Notify us as soon as practicable. that part of any written contract or agreement under which you are required to include a The additional insured must see to it that we person or organization as an additional in- receive written notice of the claim or "suit" as sured on this Coverage Part, provided that soon as practicable. the "bodi[ injury" and "property damage" oc- c) The additional insured must immediately curs and the "personal injury" is caused by an send us copies of all legal papers received in offense committed: connection with the claim or "suif', cooperate a. After the signing and execution of the with us in the investigation settlement of or contract or agreement by you; the claim or defense against the "suit", and otherwise comply with all policy conditions. b. While that part of the contract or agreement is in effect; and d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to c. Before the end of the policy period. Page 2 of 2 @ 2005 The St. Paul Travelers Companies, lnc. cG D2 46 08 05 42as4g2o I MoRRo-l | 1?/18 cL AU wc wB gsH rMasre, Templ.are. I sandy sraley | 5/23/2018 1:1?:25 PM {PDT) | Page 3 ot 10 302 Monday, June 18, 2018, City Council Meeting Page No. 296 Morrow-MeadowscorporationcoMMERclALGENERALLlABlLlTY wc2J-c0-93228094- 1 7 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these @ve[ages. Read all the provisions of this en- dorsemenl and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Aircraft Chartered Wilh Pilot H. Blanket Additional lnsured - Lessors Of Leased B. Damage To Premises Rented To You Equipment C. lncreased Supplementary Payments Blanket Additional lnsured - States Or Political Subdivisions Permits D. lncidental Medical Malpraclice - J. Knowledge And Notice Of Occurrence Or Offense E. Who ls An lnsured - Newly Acquired Or Formed Organizations K. Unintentional Omission F, Who ls An lnsured - Broadened Named lnsured L. Blanket Waiver Of Subrogalion - Unnamed Subsidiaries M. Amended Bodily lniury Delinition G. Blanket Additional lnsured - Owners, Managers N. Contractual Liabilily - Railroads Or Lessors Of Premises PROVISIONS INJURY AND DAMAGE LI. A. AIRCRAFT CHARTERED wlTH PILOT ABILITY: Exclusions c. and g. through n, do not apply The following is added to Exclusion 9., AircraG Auto Or Watercraft, in Paragraph 2, of SECTION to "premises damage". Exclusion f.(1Xa) I - COVERAGES COVERAGE A BODILY IN- does not apply to "premises damage" caused JURY AND PROPERTY DAMAGE LIABILITY: by This exclusion does not apply to an aircrafl thal a. Fire; is: b. Explosion; (a) Chartered with a pilot to any insured; c. Lightning; (b) Not owned by any insured; and d. Smoke resulting from such fire, explosion, (c) Not being used to carry any peBon or prop- or lightning; or erty for a charge. e. water; B. DAMAGE TO PREMISES REI{TED TO YOU unless Exclusion t of Section I - Coverage A 1. The first paragraph of the exceptions in Ex- - Bodily lniury And Property Damage Liability clusion j., Damage To Proporty, in Para- is replaced by another endorsement to this graph 2. of SECTIOI{ I - COVERAGES - Coverage Parl that has Exclusion - All Pollu- COVERAGE A BODILY INJURY AND tion lnjury Or Damage or Total Pollution Ex- PROPERTY DAiTAGE LIABILITY is deletod. clusion in its title. 2. The following replaces the last paragraph of A separate limit of insurance applies to Paragraph 2., Exclusions, of SECTION I - "premises damage" as described in Para- COVERAGES COVERAGE A. BODILY graph 6. of SECTION lll - LliillTs OF lN- - SURANCE. CG D3 16 11 {1 @2011The Travelers tndemnity Compsny. Allrights reserved. Page 1 of 6 .rcs.rro llroR'ro-:. ll?/rscLAUfcu{B ssx rxa.L.! r.mprar€. lsandy srar.y lsl2rl2ora r r?,25 s (pm) | p.s. 4 of 10 303 Monday, June 18, 2018, City Council Meeting Page No. 297 COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph 6. of SEc- C. INCREASEDSUPPLEMENTARY PAYMENTS TION III - LIMITS OF INSURANCE: 1. The following replaces Paragraph 1,b, of Subject to 5. above, the Damage To Prem- SUPPLEMENTARY PAYMENTS - COVER- ises Rented To You Limit is the most we will AGES A AND B of SECTION I - COVER- pay under Coverage A for damages because AGE: of "premises damage" to any one premises. b. Up to $2,500 for the cost of bail bonds The Damage To Premises Rented To You required because of accidents or traffic Limit will apply to all "property damage" law violations arising out of the use of any proximately caused by the same "occur- vehicle to which the Bodily lnjury Liability rence", whether such damage results from: Coverage applies. We do not have to fur- lire; explosion; lightning; smoke resulting from nish these bonds. such lire, explosion, or lightning; or waler; or following replaces Paragraph any combination of any of these causes. 2. The t.d. of SUPPLEi'IENTARY PAYMENTS - COVER- The Damage To Premises Rented To You AGES A AND B of SECTION l- COVER- Limit will be: AGES: a. The amount shown for the Damage To d, All reasonable expenses incurred by the Premises Rented To You Limit on the insured at our request to assist us in the Declarations of this Coverage Part; or investigation or defense of the claim or b. $300,000 if no amount is shown for the "suit", including actual loss of earnings up Damage To Premises Rented To You to $500 a day because ot time off from Limit on the Declarations of this Coverage work. Part. D. INCIDENTAL MEDICAL MALPRACTICE 4. The following replaces Paragraph a, of the 1. The following is added to the definition of "oc- derinition of "insured contract' in the DEFINI- currence" in the DEFINITIONS Section: TIONS Section: "Occurrence" also means an act or omission a. A contract for a lease of premises. How- committed in providing or failing to provide ever, that portion of the contracl for a "incidenlal medical services", first aid or lease of premises that indemnifies any "Good Samaritan services" to a person. person or organizalion for "premises The following is added to Paragraph 2.a.(1) damage" is not an "insured contract": 2. of SECTION II - WHO IS AN INSUREO: 5. The following is added to the DEFINITIONS Paragraph (lxd) nol Section: above does apply lo "bodily injury" arising oul of providing or fail- "Premises damage" means "property dam- ing to provide: age" to: (i) "lncidental medical services" by any of a. Any premises while rented to you or tem- your "employees" who is a nurse practi- porarily you permission occupied by with lioner, registered nurse, licensed practical of the owner; or nurse, nurse assistant, emergency medi- b. The contents of any premises while such cal technician or paramedic; or premises is rented to you, if you rent such (ii) First aid or "Good Samaritan services" by premises for a period of seven or fewer any your "employees" "volunteer consecutive days. of or workers", other than an employed or vol- 6, The following replaces Paragraph 4.b.(fXb) unleer doctor. Any such "employees" or of SECTION lV - COIIIIMERCIAL GENERAL "volunteer workers" providing or failing to LIABILITY COiIDITIONS: provide first aid or "Good Samaritan ser- (b) That is insurance for "premisss damage"; vices" during their work hours for you will or be deemed to be acting within the scope 7. Paragraph a.b.(lXc) of SECTION lV - of their employment by you or performing COMMERCIAL GENERAL LIABILITY CON. duties related to the conduct of your busi- DITIONS is deleted. ness. Page 2 of 6 O 2011 The Travelers lndomnity Company. All dghls reserved. cG D3 16 rl 11 {rc5.rro I Horxo-r | 17lra cL AU rc GE ssd rHaEE.! r€nprar.. I sandy si.I.y I s/2rl20l3 | pag. s of r0 304 Monday, June 18, 2018, City Council Meeting Page No. 298 COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 5. of 4, Any organization you newly acquire or form, SECTION III - LIMITS OF INSURANCE: other than a partnership, joint venture or lim- For the purposes of determining the applica- ited liability company, of which you are the ble Each Occurrence Limit, all related acts or sole owner or in which you maintain the ma- omissions committed in providing or failing to jority ownership interest, will qualiry as a provide "incidental medical services", first aid Named Insured if there is no other insurance or "Good Samaritan services" to any one per- which provides similar coverage to that or- son will be deemed to be one "occurrence". ganization. However: 4. The following exclusion is added to Para- a. Coverage under this provision is afforded graph 2., Exclusions, of SECTION I - COV- onlY: ERAGES COVERAGE A BODILY INJURY - (1) Until the 180th day after you acquire or AND PROPERTY DAi'AGE LIA form the organization or the end of the Sale Of Phamaceuticals policy period, whichever is earlier, if you "Bodily injury" or "property damage" arising do not report such organization in writing out of the willful violation of a penal statule or to us within 180 days after you acquire or ordinance relating to the sale of pharmaceuti- form it; or cals committed by, or with the knowledge or (2) Until the end of the policy period, when consent of, the insured. that date is later than 180 days afler you 5. The following is added to the DEFINITIOI{S acquire or form such organization, if you Section: report such organization in wriling to us "lncidental medical services" means: t/vithin 180 days after you acquire or form it, and we agree in writing that il will con- a. Medical, surgical, dental, laboratory, x-ray lnsured or nursing service or treatment, advice or tinue to be a Named until the end policy period; instruction, or the related furnishing of of the food or beverages; or b. Coverage A does not apply to "bodily injury" b. The turnishing or dispensing of drugs or or "property damage" that occurred before medical, dental, or surgical supplies or you acquired or formed the organization; and appliances. c. Coverage B does not apply to "personal in- "Good Samaritan services" means any emer- jury" or "advertising injury" arising oul of an gency medical services for which no compen- offense committed before you acquired or sation is demanded or received. formed the organization. 6. The following is added to Paragraph 4.b., Ex- F. WHO IS AN II{SURED - BROADENED NA IED cess lnsurince, of SECTION lV - COM- INSURED - UNNAII'IED SUBSIDIARIES MERCIAL LtABtLtW COt{Dt- TIONS: The following is added to SECTION ll - WHO lS AN INSURED: The insurance is excess over any valid and collectible other insurance available to the in- Any of your subsidiaries, other than a partnership, sured, whether primary, excess, contingent or ioint venture or limited liability company, that is on any other basis, that is available to any of not shown as a Named lnsured in the Declara- your "employees" or "volunteer workers" for tions is a Named lnsured il you maintain an own- "bodily injury" lhat arises out of providing or ership interest of more than 50% in such subsidi- failing to provide "incidental medical ser- ary on the first day of the policy period. vices", ,irst aid or "Good Samaritan services" No such subsidiary is an insured for "bodily injury" person to any to the extent not subiect to or "property damage" that occurred, or "personal Paragraph 2.a.(1) Section Who ls An of ll - injury" or "adverlising iniury" caused by an of- lnsured. fense committed after the date, if any, during the E. WHO IS AN INSURED - NEWLY ACOUIRED policy period, thal you no longer maintain an OR FORMED ORGANIZATIONS ownership interest of more than 50% in such sub- The following replaces Paragraph 4. of SECTIOI{ sidiary. II - WHO IS AN INSURED: cG D3 16 ll ll @ 2011 Tho Travelors lndemnily Company. Allrighls reserved Page 3 of 6 ,rros.rro I oko-r | 1rlrs cr, au {c uxs S5x '..ar.r r.'@la!.. I s.ddy s!.r.y | 5/2Jl20r. r:rr.2s e{ rrD,r) | r.s.6 of ro 305 Monday, June 18, 2018, City Council Meeting Page No. 299 COMMERCIAL GENERAL LIABILIry G, BLANKET ADDITIONAL II{SURED - OWNERS, H. BLANKET ADDITIONAL INSURED - LESSORS MANAGERS OR LESSORS OF PREMISES OF LEASED EQUIPMENT The following is added to sEcTloN ll - wHo ls The following is added to sEcTloN ll - wHo ls AN INSURED: ANI SURED: Any person or organization that is a premises Any person or organization that is an equipment owner, manager or lessor and lhat you have lessor and that you have agreed in a written con- agreed in a wrilten contract or agreement to in- tract or agreement to include as an insured on clude as an addilional insured on this Coverage this Coverage Part is an insured, but only with re- Parl is an insured, but only with respect to liability spect to liability for "bodily iniury", "property dam- for "bodily injury", "property damage", "personal age", "personal injury" or "advertising injury" that: in ury" or "advertising injury" that: a. ls "bodily iniury" or "property damage" that "bodily injury" "property damage" that a. ls or occurs, or is "personal injury" or "adverlising is "personal iniury" or o@urs, or "advertising injury" caused by an offense that is commit- is commit- iniury" caused by an ofiense that ted, subsequent to the execution of that con- subsequenl the execution of that con- ted, to tract or agreement; and tract or agreement; and b. ls caused, in whole or in parl, by your acts or maintenance or b. Arises out of the ownership, omissions in the maintenance, operation or use part any premises leased to of that of use of equipment leased to you by such you. equipment lessor. provided premises The insurance to such owner, The insurance provided to such equipment lessor pro- manager or lessor is subjecl to the following is subject to the following provisions: visions: a. The limits of insurance provided to such a. The limits of insurance provided to such equipment lessor will be the minimum limits premises owner, manager or lessor will be which you agreed to provide in the written you pro- the minimum limits which agreed to contract or agreemenl, or the limits shown on vide in the written contract or agroement, or the Declaralions, whichever are less. the limits shown on the Declarations, which- provided ever are less. b. The insurance to such equipment lessor does not apply to any "bodily injury" or provided premises b. The insurance to such "property damage" that occurs, or "personal owner, manager or lessor does not aPply to: injury" or "advertising injury" caused by an of- (1) Any "bodily Injury" or "property damage" fense that is committed, after the equipment that occurs, or "personal iniury" or "adver- lease expires. tising injury" caused by an offense that is c. The insurance provided to such equipment committed, afler you cease to be a tenant lessor is excess over any valid and collectible in that premises; or other insurance available to such equipment (2) Structural alterations, new construction or lessor, whether primary, excess, contingent demolition operations performed by or on or on any other basis, unless you have behalf of such premises owner, lessor or agreed in the written contract or agreement manager. that this insurance must be primary to, or c. The insurance provided lo such premises non-contributory with, such other insurance, insurance be primary owner, manager or lessor is excess over any in which case this will valid and collectible olher insurance available to, and non-contributory with, such other in- to such premises owner, manager or lessor, surance. whether primary, excess, contingent or on I. BLANKET ADDITIONAL INSURED - STATES any other basis, unless you have agreed in OR POLITICAL SUBDIVISIONS - PERMITS the written contract or agreement that this in- The following is added to SECTION ll WHO lS primary non- - surance must be to, or AN INSURED: contributory with, such other insurance, in which case this insurance will be primary lo, Any state or political subdivision that has issued a and non-contributory with, such other insur- permit in connection with operations performed by ance. you or on your behalf and that you are required Page 4 of 6 O 2011 The Travelers lndemnity Company. All rights reserved. cG D3 't6 tl 11 {rcs{rro I roir{o-r | 1?/r3 GL AU rc urlB 55x rr{a..6r re4raLe' I sandy sial.y | 5/2!/2013 1'r? 2s Px lEm) | rase t of l0 306 Monday, June 18, 2018, City Council Meeting Page No. 300 COMMERCIAL GENERAL LIABILITY by any ordinance, law or building code to include (ii) A manager of any limited liability as an additional insured on this Coverage Part is company; or an insured, but only with respect lo liability for (iii) An executive officer or director of "bodily injury", "property damage", "personal in- any olher organization: jury" or "advertising iniury" arising out of such op- that is your partner, joint venture erations. member or manager; or The insurance provided to such state or political (b) Any "employee" authorized by such subdivision does not apply to: partnership, ioint venture, limited li- a. Any "bodily iniury," "property damage," "per- ability company or other organization sonal injury" or "adveltising injury" arising out to give notice of an "oc,currence" or of operations performed for that state or po- offense. litical subdivision; or (3) Notice to us of such "occurrenc€" or of an b, Any "bodily injury" or "property damage" in- offense will be deemed to be given as cluded in the "products-completed operations soon as practicable if it is given in good hazard". failh as soon as practicable to your work- J. KNOWLEDGE AND NOTICE OF OCCUR- ers' compensation insurer. This applies you give notice us RENCE OR OFFEl{SE only if subsequently to of lhe "occunence" or offense as soon as is to Paragraph 2., Duties ln The following added practicable afler any of the persons de- The Event of Occuncnce, Offense, Claim or scribed in Paragraphs e. ('l) or (2) above Suit, of SECTIO IV COMMERCIAL GEN- - discovers that the "occurrence" or offense ERAL LIABILITY CONDITIONS: may result in sums to which the insurance e. The following provisions apply to Paragraph provided under this Coverage Part may a, above, but only for the purposes of the in- apply. surance provided under this Coverage Part to However, if this Coverage Part includes an en- you or any insured listed in Paragraph l. or 2. dorsement that provides limited coverage for of Section ll Who ls An lnsured: - "bodily injury" or "property damage" or pollution ('l) Notice to us of such "occunence" or of- costs arising out of a discharge, release or es- fense must be given as soon as praclica- cape of "pollutants" which contains a requirement ble only after the "occurrence" or offense that the discharge, release or escape of "pollut- is known by you (if you are an individual), ants" must be reported to us within a specilic any of your partners or members who is number of days after its abrupt commencement, an individual (if you are a partnership or this Paragraph e. does not affect that require- ,oint venture), any of your managers who ment. individual (if you are a limited liability is an K. UNII{TENTIOI{AL OMISSION company), any of your "executive offi- cers" or directors (if you are an organiza- The following is added to Paragraph 6., Repre- lV COMMERCIAL tion other than a partnership, ioint venture scntations, of SECTION - or limited liability company) or any "em- GENERAL LIABILITY CONDITIONS: ployee" authorized by you to give notice The unintentional omission of, or unintentional of an "occurrence" or offense. error in, any information provided by you which we relied upon in issuing this policy will not preiu- (2) lf you are a partnership, ioint venture or limited liability company, and none of your dice your rights under this insurance. However, partners, joint venlure members or man- this provision does not affect our right to collect premium our rights of agers are individuals, notice to us of such additional or to exercise with "occunen@" or ofiense must be given as cancellation or nonrenewal in accordance laws or regulations. soon as practicable only afler the "occur- applicable insurance rence" or offense is known bY: L. BLANKET WAIVER OF SUBROGATION (a) Any individual who is: The following is added to Paragraph 8., Trensfer Of RighB Of Recovery Agaimt OtheE To Us, (i) A partner or member of any Part- of SECTION lV COMMERCIAL GENERAL Ll' nership or venture: - ioint ABILITY CONDITIONS: Paqe 5 of 6 cG D3 16 lt 1'l @ 201, The TraveleB lndemnity Company. All righls rese.ved. (Pm) {rc5.rro I iorio-t I 1?/rs cL AU flc 4B ss, rxar!.r r.4rare' I sandv s!.r.v I s/2rlr013 1'r7-25 rr{ I P.s. a of r0 307 Monday, June 18, 2018, City Council Meeting Page No. 301 COMMERCIAL GENERAL LIABILITY lf the insured has agreed in a contract or agree- 3. "Bodily injury" means bodily injury, mental ment to waive that insured's right of recovery anguish, mental injury, shock, fright, disability, against any person or organization, we waive our humiliation, sickness or disease sustained by right of recovery against such person or organiza- a person, including death resulting from any tion, but only for payments we make because of: of these at any time. a. "Bodily injury" or "property damage" that oc- N. CONTRACTUAL LIABILITY - RAILROADS curs; or 1. The following replaces Paragraph c. of the b. "Personal injury" or "advertising injury" definition of "insured contract" in the DEFINI- caused by an offense that is committed; TIONS Section: Any easement or license agreement; subsequent to the execution of that contract or c. agreement. 2. Paragraph f.(1) of the definition of "insured is de- M, AMENDED BODILY INJURY DEFINITION contract" in the DEFINITIONS Section leted. The following replaces the definition of "bodily injury" in the DEFINITIONS Section: Page 6 of 6 @ 2011 The Travelers lndemnity Company. All rights reserved. cG D3 16 11 11 42os4g2o | iloRRo-t | 17118 cL AU wc UuB Ssil rilasrer TempfaLe' I sandy sraley | 5/23/2ota L:77:25 Pi (PDT) | Page 9 of 10 308 Monday, June 18, 2018, City Council Meeting Page No. 302 WORKERS COMPENSATION TRAYELER5? AND oNE ToWER SQIIRE EMPLOYERS LIABILITY POLICY HARTTORD, C? 06183 ENDORSEMENT WC 99 03 76 ( A)- oo1 POLICY NUMBER : WC2J-UB-9494A622.17 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER} We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right againsl the person or organization named in the Schedule. The additional premium for this endorsement shall be 02.000 % of the California workers' compensation pre' mium. Schedule Person or Organization Job Description ANY PERSON OR ORGAI{IZATION TOR WHICE TITB INSURED ITAS AGREED BY WRITTEI{ CONTRACT EXECIITED PRION TO I,OSS TO FURNISH THIS WAIVER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Etfective 7 I 1 12017 Policy No. WC2J-UB-9 494A622-17 lnsured Morrow-Meadows CorporatiOn m lnsurance Company Countersigned by Page 1 of 1 42o34s2o I MoRRo-l I t?,/lg GL AU wc wB gsM *Masrer Temprare. I sandy staley | 5/23/2ols 1:1?:25 PM (PDT) | Page 10 of 10 309 Monday, June 18, 2018, City Council Meeting Page No. 303 AGREEMENT FOR CITY BUILDING AND SAFETY SERVICES THIS AGREEMENT, made and entered into this 1't day of July 2018, by and between the City of La Verne, a municipal corporation, hereinafter referred to as "City" and RKA Consulting Group (RKA), hereinafter referred to as "Superintendent of Building." W!TNESSETH THE PARTIES hereto agree as follows: ARTICLE I NATURE OF SERVICES A. GENERAL - Rl(A's proposal of Building and Safety Services dated October 15, 1990 in response to the City of La Verne's Request for Proposal dated September 21, 1990. B. GENERAL ADMINISTRATIVE FUNCTIONS - The Superintendent of Building and the Principal Building lnspector shall administer the functions pertaining to the Building and Safety needs of the City, including but not limited to the following: 1 Superintendent of Building will be available to consult with staff on all matters relating to Building and Safety. This will be accomplished by the establishment of a minimum of eight (8) office hours per week, coinciding with the office hours of the City Engineer. 2 Review all matters pertaining to Building and Safety services to insure that undertakings proposed and implemented by the City and others are done in a manner that protects the city's interests and are in keeping with City goals, specifications and practices. 3 Be available to the public and private developers to handle matters dealing with the Building and Safety functions of City government. 4 Attend any regular, adjourned and special City Council meetings and Community Development Department staff meetings as directed by the Community Development Director. 5 Establish and maintain effective working relationships with staff, public agencies and utilities. 310 Monday, June 18, 2018, City Council Meeting Page No. 304 6 Direct other Building and Safety services provided by the Superintendent to assure compatible and timely response to City needs. 7 Maintain, at City Hall, Building and Safety records and maps required to insure accurate information. Filing of records & maps shall be compatible with City's Management lnformation Systems program. 8 Prepare reports, investigations, studies and evaluations as may from time to time, as required and directed by the Community Development Director. I Perform other Building and Safety related functions as directed by the Comm u nity Development Director. 10. Provide technical assistance for City personnel when so directed 11. Provide for enforcement of City Building and Safety regulations and ordinances 12 Provide a Building and Safety permit clerk on a time and materials basis as requested by the Director of Community Development. 13 Provide plan checking and inspection services for the Building and Safety Division of the Community Development Department. 14. Assist clerical staff in management of records relating to Building and Safety 15 Provide public information and develop a "brochure series" regarding Building and Safety matters. 16 Except where noted, the above services are to be performed by the Superintendent and/or Principal Building !nspector during business days, designated as Monday thru Thursday mornings, 8:00 a.m. to 10:00 a.m. and one afternoon for two hours as directed by the Community Development Director. Compensation shall be based on plan checking and building permit fees. Building inspection services shall be provided Monday thru Thursday after required office hours as stated above. Should it be found necessary to have general Building and Safety administrative services in excess of the above time parameter, the need for extraordinary services shall be evaluated by the City Manager, and if authorized shall be compensated for on the basis set forth under Subsection D, "Compensation", below. c PLAN CHECKING & INSPECTION SERVICES - The Superintendent shall administer the Building and Safety functions of the City, including but not limited to the following: 311 Monday, June 18, 2018, City Council Meeting Page No. 305 1 Plan check proposed improvements, requiring Building and Safety permits to insure conformance with the City of La Verne. 2 lnspect "Permitted" building improvements to insure conformance with approved plans and ordinances of the City of La Verne. 3 Review and check all improvement plans for facilities under the jurisdiction of the City that are prepared by private developers or other agencies to insure conformance with the City design standards and regulations. 4 Provide a "turn around" checking time for plan checks not to exceed two weeks for 90% of submittal for that first plan check after the application has been determined complete and for any succeeding plan checks. Status of plan checks shall be tracked by a computer or manual system acceptable to the Comm unity Development Director. 5 Provide such necessary and related functions as are the normal practice of the Building and Safety Division including Building Rehabilitation and Code Enforcement of Building Codes at hourly rates. 6 Provide SWPPP and BMP compliance for those construction projects requiring the installation of BMPs. 7, Provide grading inspection for those projects requiring a grading permit D COMPENSATION Compensation for services as outlined in Section A and B above of this agreement will be at the following schedule based on the City of La Verne collecting fees two times County of Los Angeles Fee Schedule: 1 25% of Building Plan Check fees collected by City 2 50% of the Building Permit Fee (for inspection services) 3 Compensation for Building and Safety related services shall be on a "time and materials" basis in accordance with RKA's Hourly Rate Schedule "A" of Attachment A for the following tasks: o Grading plan checks and inspections when an application for plan check or a permit has been issued. a SWPPP and BMP compliance inspections in compliance with a grading permit. o Building rehabilitation when a permit has been issued. 312 Monday, June 18, 2018, City Council Meeting Page No. 306 o Response to an inspection required for a fire or public safety related "call out". o Response to a NPDES violation that City will not recover costs. a Response to a code violation that City will not recover costs. 4 Compensation for Building and Safety related services shall be on a "time and materials" basis in accordance with RKA's Hourly Rate Schedule "B" of Attachment A for the following tasks: a Response to a NPDES violation that City will recover costs. o Response to a code violation that City will recover costs. All compensation and fees proposed herein by RKA including hourly rates and future negotiated fees shall include all non personnel items i.e. travel, telephone, postage, and reproduction. RKA as part of the compensation for services will provide the necessary building permit forms. The above subject fees are subject to and can be adjusted as the City's fees may in the future change. ARTICLE II COMMUNITY DEVELOPMENT DIRECTOR The Community Development Director shall have the right of general supervision of all the work performed by the Superintendent and shall be the City's agent with respect to the review, critique and approval of the services of the Superintendent. He shall arrange for the orderly administration of the scope of services by the Superintendent, including provisions for work authorizations and coordination of performance. The Community Development Director shall have the right to delegate supervision of certain projects and areas of this Agreement. The Community Development Director shall establish written work authorization procedures. cLE ilt OWNERSHIP OF DOCUMENTS Ownership of original plans, drawings, specifications, exhibits and texts created in the fulfillment of this Agreement shall be the City's. The Superintendent may retain copies of all records. The City shall make available to the Superintendent all records, reports, files and other documents necessary by the Superintendent to properly perform the services required by the City. 313 Monday, June 18, 2018, City Council Meeting Page No. 307 ARTICLE IV DESIGNATION OF EMPLOYEES A. SUPERINTENDENT OF BUILDING - The Superintendent of Building for the City of La Verne shall be Dominic Milano. RKA will not designate any other person to perform such services without prior written permission from the City Manager. As an expressed condition of the City entering into this Agreement, Dominic Milano shall be directly responsible for the performance of allwork required pursuant to this Agreement. B PRINCIPAL BUI NG INSPECTOR - The Principal Building lnspector for the City of La Verne shall be Vern T. Plains. The Superintendent shall not designate any other person to perform such services without prior written permission from the City Manager. C. ASSIGNMENT OF TRANSFER - This Agreement covers professional or specialized services of a specific and unique nature and RKA shall not assign, sublet or transfer their interest in this Agreement without the prior written permission from the City Manager. lf, at any time, Dominic C. Milano or David G. Gilbertson, is not available to supervise the services to be performed under the terms of this Agreement, this Agreement may be immediately cancelable at the option of the City of La Verne. ARTICLE V OPERATIVE DATE AND TERM This Agreement shall be operative as of the date the Agreement is entered into by and between the City and Rl(A Consulting Group and shall continue in effect until such time as the Agreement is terminated by either party. The City may terminate this agreement by giving a thirty (30) day written notice and the Superintendent may terminate this Agreement upon giving a sixty (60) day notice. lnasmuch as the services to be provided under this Agreement are professional services, termination by either party shall be with due regard to the interests of the other party. lf Superintendent terminates, he shall, at the request of the City, use his best efforts to perform essential services under this Agreement until a replacement has been selected. ln the event of such termination, Superintendent shall be entitled to reimbursement for all expenses incurred by him prior to expiration of such notice, and the amount of fees paid by engineer shall be determined based upon the percentage of work completed as of the expiration of such notice. 314 Monday, June 18, 2018, City Council Meeting Page No. 308 ARTICLE VI WARRANTS BY RKA CONSULTING GROUP The Superintendent shall be an independent contractor and not an employee of the City under this Agreement and every person providing services under this Agreement, shall be the employee or subcontractor of Rl(A Consulting Group. Rl(A Consulting Group warrants that they will pay and withhold all payroll taxes and similar payments, as required by law, including state and federal income tax, state disability insurance premiums, social security taxes and unemployment taxes, and shall maintain workers compensation insurance as required by law. RKA Consulting Group agrees to indemnify the City and hold it harmless from any claim for compensation, or injury or illness arising within the scope of Rl(A participation or RKA employees performing service under this Agreement. 1.0 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to propefi which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of lnsurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: lnsurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: lnsurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability lnsurance. (B) Minimum Limits of lnsurance. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and proper$ damage. lf Commercial General Liability lnsurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this AgreemenUlocation or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. 1.1 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate 315 Monday, June 18, 2018, City Council Meeting Page No. 309 to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. 1.2 lnsurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall be endorsed to state that: (1)the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self- insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (C) Workers' Compensation and Employers Liability Coveraqe. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. 316 Monday, June 18, 2018, City Council Meeting Page No. 310 1.3 Separation of lnsureds: No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. ln addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. 1.4 Deductibles and Self-lnsurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 1.5 Accegtability of lnsurers. lnsurance is to be placed with insurers with a current A.M. Best's rating no less than A: Vlll, licensed to do business in California, and satisfactory to the City. 1.6 Verification of Coveraqe. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. ARTICLE VII WARRANTS BY CITY The City agrees that RKA Consulting Group shall not be liable for injury or damage to a person or property that should be occasioned or caused by an intentional act, a negligent act or an omission of the City or its members, officers, agents, employees, subcontractors, their agents, officers or employees, and that the City will hold Rl(A Consulting Group, its officers, agents and employees harmless from liability thereof, and will defend the same in respects to any claim or legal action that might ensue as a result of such injury or damage, including the payment of reasonable attorney's fees. 317 Monday, June 18, 2018, City Council Meeting Page No. 311 ARTICLE VIII ACCOUNTING RKA Consulting Group shall present to the City, at the close of each calendar month, an itemized invoice which describes all services performed during said month, classified in such manner as specified by the City. The City shall pay RKA Consulting Group within thirty (30) calendar days of such invoice. Records of RKA Consulting Group direct personnel, consultant and reimbursable expenses pertaining to the work and records of accounts between the City and RKA Consulting Group, shall be kept on a generally recognized standard accounting basis and shall be available to the City or its authorized representative at mutually convenient times. The City may withhold payments for individual items if disputed. The city and RKA consulting Group shall make their best efforts to resolve disputed items. LE IX ATTORNEY'S FEES lf any action at law of suit in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney,s fees in addition to any other relief to which it may be entitled. ARTICLE X NOTICES whenever it shall be necessary for either pafi to serve notice on the other respective party of this Agreement, such notice shall be served to the following: Bob Russi, City Manager City of La Verne 3660 "D" Street La Verne, CA 91750 Dominic C. Milano, President RKA Consulting Group 398 Lemon Creek Drive, Suite E Walnut, CA 91789 318 Monday, June 18, 2018, City Council Meeting Page No. 312 ARTICLE XI CONFLICTS OF INTEREST RKA Consulting Group hereby attests that their firm has no conflicts of interest regarding services contained in this Agreement. Rl(A Consulting Group states that they will disclose all future conflicts of interest to the City Manager. RKA Consulting Group hereby attests that the firm nor the President or his immediate family owns no property within the City of La Verne or the planning sphere of influence larger than one acre in gross size. RKA Consulting Group shall provide no services, requiring review by the Building Official, for any private client within the corporate boundaries of the City of La Verne during the period that this Agreement is in effect. ARTICLE XII AFFIRMATIVE ACTION Through this Agreement Rl(A Consulting Group affirms their commitment of equal employment opportunities for all individuals and will make every effort to recruit, hire, train and promote qualified persons, particularly from groups which are victims of discrimination due to race, color, creed, age, national origin, sex or handicap. Every effort will be made to insure the maintenance of a full and effective affirmative action program. Compensation of the work force will be routinely monitored to detect any disproportionate level of employees from the above groups. Special efforts will be made to correct any deficiencies that are observed. All supervisory staff will comply with equal employment opportunity guidelines to insure that inadvertent discrimination does not unfairly screen out the individuals from the above groups. Supervisory staff will hold periodic meetings with employees under their direction to assist in developing themselves with employees with regard to employment and education. Supervisory staff will insure that the above individuals are given equal opportunity, that all employees are not locked into positions because of their color, race, sex, national origin, age, religion or handicap. ARTICLE XIII ENTIREW OF AGREEMENT This Agreement represents the entire Agreement between the City and Rl(A Consulting Group and supersedes any agreements and all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the City and RKA Consulting Group. 319 Monday, June 18, 2018, City Council Meeting Page No. 313 ARTICLE XIV o This Agreement shall be effective from and after the date set forth below and opposite the respective signatures of the parties. The operative date of this Agreement shall be July 1, 2018 to June 30, 2019. Dated July 1,2018 CITY OF LA VERNE A Municipal Corporati Mayor Don Kendrick Attest: Lupe Estrella Assisstant City CIerk Date RKA CONSULTING GROUP A California Corporation Dominic C. Milano, President 320 Monday, June 18, 2018, City Council Meeting Page No. 314 ATTACHMENT "4" SCHEDULE OF HOURLY RATES SCHEDULE "A" - CITY 2018t19 Superintendent of Building $125.00 Building Official $105.00 Professional Engineer $105.00 lnspector - Public Works* $81.00 Administrative Assistant $60.00 Clerical $41.00 Engineering Technician $66.00 Principal Building lnspector $87.75 Senior lnspector $81.00 lnspector - Building & Safety $67.50 SCHEDULE "B" - DEVELOPER DEPOSIT Superintendent of Building $170.00 Professional Engineer/Building Official $143.2s lnspector - Public Works $98.50 Administrative Assistant $67.25 Clerical $60.00 Engineering Technician $81.75 Principal Building lnspector $117.00 Senior lnspector $111.50 lnspector- Building & Safety $98.50 Blue Print and Reproductions Cost Plus 15% Effective date: July 1,2018 to June 30, 2019 -lf the State of California requires a "Prevailing Wage" lnspector on a City project, the lnspector- Public Works hourly rate will be invoiced at an increased rate of $14.00. 321 Monday, June 18, 2018, City Council Meeting Page No. 315 THIS AGREEMENT, made and entered into this |"t day of July, 2018, by and between the City of La Veme, a municipal corporation, hereinafter referred to as "City" and RKA Consulting Group (RKA), hereinafter refened to as "City Engineer." THE PARTIES hereto agree as follows: ARTICLE ] NATURE OF SERVICES A. GENERAL ADIUINISTRATIVE FUNCTIONS - The City Engineer shall administer the functions pedaining to the engineering needs of the City, including but not limited to the following: 1. Be available to consult with staff on all matters relating to engineering. This will be accomplished by the establishment of a minimum of eight (8) office hours per week as specified by the City further in this Agreement. 2. Review all matters pertaining to engineering to insure that undertakings proposed and implemented by the City and others are done in a manner that protects the City's interests and are in keeping with City goals, specifications and practices. 3. Be available to the public and private developers to handle matters dealing with the engineering functions of City government. 4. Attend all regular, adjoumed and special City Council meetings, unless excused by the City Manager. S. Establish and maintain effective working relationships with staff, public agencies and utilities. Establish and maintain working relationships with the City's Water Division Engineer. 6. Direct the other engineering services provided by the Engineer to assure compatible and timely response to City needs. 7 Maintain, at City Hall, municipal engineering records and maps required to insure accurate information is available to the City. 8. Prepare reports, investigations, studies and evaluations as may, from time to time, as required and directed by the City Manager. 9. Perform other engineering related functions as directed by the City Manager. 322 Monday, June 18, 2018, City Council Meeting Page No. 316 10. Advise the City Manager as to engineering and construction financing available from other government agencies and, when so directed, prepare and initiate applications for funding. 't1. lf so directed, administer State Highway Users Funds to assure compliance with State requirements for expenditures of such funds. 't2. Provide technical assistance for City personnel when so directed. Represent engineering concerns on the Development Review Committee of the City. Assist the Finance Officer with the administration of assessment and landscape maintenance districts. 13. Provide for enforcement of City engineering related City ordinances. 14. Engineer to meet weekly with the City Manager and present activity reports of major projects in La Verne, both public and private. 't5. Provide inspection services for investigation of engineering related complaints and conditions. 16. Assist clerical staff in management of records relating to engineering. Serve as liaison to the City Clerk for engineering related matters. 17. Provide public information regarding municipal engineering matters. 18. Assist the Public Works Director in the preparation of capital improvement projects, improvement plans, specifications, bid documents and public improvement poect management. 19 Assist the Community Development Director in the preparation of capital improvement projects, improvement plans, specifications, bid documents and public improvement project management for HCDA and projects specifically listed on the ROPS. The above services are to be performed by the principal, generally during two business days per week, designated as Tuesday and Thursday mornings. Compensation shall be based on monthly retainer as described in Attachment "A" unless provided for in Sections B, C and D of this Agreement or as directed by the City Manager. Shoutd it be found necessary to have general engineering administrative services in excess of the above time parameter, the need for extraordinary services shall be evaluated by the City Manager, and if authorized shall be compensated for on the basis set forth under Subsection E, "Compensation," below. B. DEVELOPMENT REVIEW - The Engineer shall administer the private development engineering functions of the City, including but not limited to the following: 1 . Review proposed improvements and land developments and provide recommendations as to engineering matters to insure conformance with the 323 Monday, June 18, 2018, City Council Meeting Page No. 317 grading ordinance, hillside development and other applicable ordinances of the City of La Verne. 2 Perform statutory functions of the City Engineer pertaining to the review and checking of lot line adjustments, parcel and tract maps, including tentative, final and vesting maps. lnsure map conformance with Map Act and City ordinances. 3 Review and check all improvement plans for facilities under the jurisdiction of the City that are prepared by private developers or other agencies to insure conformance with the City design standards and regulations. 4 Provide a "turn around" checking time for maps and improvement plans generally not to exceed two weeks for first plan check after the application has been determined complete. The Engineer shall be responsible for notifying the applicant in writing of any final plan or final map deficiencies within thirty days, specifying those items needed to complete the application. 5. Establish performance, labor and material bond amounts when required and insure the posting of such securities and other development fees within the proper time sequence of such development control. 6. Provide such necessary and related functions as are the normal prac{ice of the City Engineer in control of private development. 7. Represent City engineering concerns at the Development Review Committee. As defined by the La Verne Municipal Code, the City Engineer is a "voting member" of the review committee. For development review functions, the City shall compensate the Engineer based on a time and materials basis, per the schedule of hourly rates contained in Section F, "Compensation", below. Schedule "B" shall be used for developer deposit accounts Schedule "A' shall be used for all City accounts. c - Upon specific and separate authorization, perform the following servtces: I Prepare plans and specifications for City projects. 2 Provide construction observation and management during the course of City projecls. 3. lf so desired by the City, prepare special engineering reports on such matters as assessment district formations, utility annexations, etc. 4. Prepare bid documents and administer bids for City projects. 5. Assist the Community Development and Public Works Departments in the establishment and maintenance of a capital improvement program. 324 Monday, June 18, 2018, City Council Meeting Page No. 318 For capital improvement poects the City shall compensate the Engineer based on a time and materials basis, per the Schedule'A'of hourly rates contained in Attachment ',A." The Engineer will only proceed on additional work upon written authorization of the City Manager. The City reserves the right to obtain proposals from other engineers for capital projects if it is deemed in the best interests of the City. The City will be allowed to use its qualified staff for contract administration and field inspection of its capital projects under the direction of the Engineers. D - The Engineer shall act as assessment engineer for the maintenance and assessment district assigned by the City Manager. Services shall include the following: 1. Distribute annual maintenance, operation and capital improvements costs for all districts. 2. Provide for and send out all notices required for public hearings. 3. Attend all public hearings, give annual reports, prepare necessary documents and data required by the County Assessor for proper and adequate assessment of costs. 4. Provide for professional evaluation of and technical assistance to the maintenance and assessment districts. 5. As is necessary, evaluate, revise and prepare specifications for contractual maintenance. 6. Set up and oversee the development of new interim maintenance districts as required and provide for the annual assessment procedures when the new territories become final and accepted by the City. For assessment district functions the city shall compensate the Engineer based on a time and materials basis, per Schedule '4" of hourly rates contained in Section F, "Compensation," below. E - The Engineer and Traffic Engineer shall perform traffic engineering services as assigned by the City Manager. Services shall include the following: 1. Prepare wanant studies, corner sight distance analysis, traffic impact analysis reports, stopping sight distance analysis, signing and striping, plans, traffic signal, traffic control, and other miscellaneous plans. 2. Perform plan check review on traffic related plans and recommend for approval. 3. Perform other miscellaneous tasks as requested. 325 Monday, June 18, 2018, City Council Meeting Page No. 319 F. COIUIPENSATION - The City shall pay for such routine services as outlined in Section A through E, above of this Agreement, in accordance with the following schedules as contained in Attachment '4." ln no case shall there be any compensation to the Engineer outside the provisions set forth in this Agreement. LE II CITY MANAGER SUPERVISION The City Manager shall have the right of general supervision of all the work perforrned by the Engineer and shall be the City's agent with respect to the review, critique and approval of the services of the Engineer. He shall arrange for the orderly administration of the scope of services by the Engineer, including provisions for work authorizations and coordination of performance. The City Manager shall have the right to delegate supervision of certain projects and areas of this Agreement. The City Manager shall establish written work authorization procedures. ARTICLE III OWNERSHIP OF DOCUMENTS Ownership of original plans, drawings, specifications, exhibits and texts created in the fulfillment of this Agreement shall belong to the City. The Engineer may retain copies of all records. The City shall make available to the Engineer all records, reports, files and other documents nec€ssary by the Engineer to properly perform the services required by the City. ARTICLE IV DESIGNATION OF CIry ENGINEER A. CITY ENGINEER - As an express condition of the City entering into this Agreement, Dominic C. Milano, or David Gilbertson, shall be direc{ly responsible for the performance of work required pursuant to this Agreement. lf, at any time, the services of Dominic C. Milano or David Gilbertson are not available to supervise the services to be performed under the terms of this Agreement, this Agreement shall be immediately cancelable at the option of the City of La Verne and the City will no longer be bound to make compensation to the Engineer for any purposes whatsoever after the date Dominic C. Milano or David Gilbertson are no longer available to provide such supervision. The City Engineer for the Ci$ of La Verne shall be Dominic C. Milano (RCE No. 27172) and RKA will not designate any other person to perform such services. B. DEPUTY CITY ENGINEERS - The Deputy City Engineer for the City of La Verne shall be Cody A. Howing (RCE No. 86054). The Traffic Engineer for the City of La Verne shall be John R. Leveillee (RCE No. 61904, TE No. 2670). The Engineer shall not designate any other person to perform such services without prior written permission from the City Manager. c. - This Agreement covers professional or specialized services of a specific and unique nature and the Engineer shall not assign, sublet or 326 Monday, June 18, 2018, City Council Meeting Page No. 320 transfer Enginee/s interest in this Agreement without the prior wriften consent of the City. CLE V OPERATIVE DATE AND TERM This Agreement shall be operative as of the date the Agreement is entered into by and between the City and Engineer and shall continue in effect until such time as the Agreement is terminated by either party. The City may terminate this Agreement by giving a thirty (30) day written notice and the Engineer may terminate this Agreement upon giving a sixty (60) day notice. lnasmuch as the services to be provided under this Agreement are professional services, termination by either party shall be with due regard to the interests of the other party. lf Engineer terminates, he shall, at the request of the Gity, use his best efforts to perform essential services under this Agreement until a replacement has been selected. ln the event of such termination, Engineer shall be entitled to reimbursement for all expenses incurred by him prior to expiration of such notice, and the amount of fees paid by Engineer shall be determined based upon the percentage of work completed as of the expiration of such notice. LE VI WARRANTS BY ENGINEER The Engineer shall be an independent contractor and not an employee of the City under this Agreement and every person providing services under this Agreement, other than the Engineer, shlll be the employee or subcontractor of the Engineer. The Engineer warrants that he shall pay and withhold all payroll taxes and similar payments, as required by law, including state and federal income tax, state disability insurance premiums, social security taxes and unemployment taxes, and shall maintain workers' compensation insurance as required by law. The Engineer agrees to indemnify the city and hold it harmless from any claim for compensation, or injury or illness arising within the scope of the Enginee/s participation or the Enginee/s employees performing service under this Agreement' 1 .0 Mini Reouirements. Consultantshall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: Coverage shall be at least as broad as the latest version of the following :(1) General Liability: lnsurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: lnsurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); 327 Monday, June 18, 2018, City Council Meeting Page No. 321 and (3) Workers' Compensation and Employe/s Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability lnsurance. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. lf Commercial General Liability lnsurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this AgreemenUlocation or the general aggregate limit shall be twice the required occunence limit; (2) Automobile Liability: $'1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employe/s Liability: Workers' Compensation limits as required by the Labor Code of the State of Califomia. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. 1.1 Professional Liabilitv. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. 12 lnsu Fndorsements The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liabilitv. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. The automobile liability policy shall be endorsed to state that (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which thL Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. 328 Monday, June 18, 2018, City Council Meeting Page No. 322 (C) Workers' Comoensation and Emolovers Liabilitv Coveraoe. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coveraoes. Each insurance policy required by this Agreement shall be endorsed to state that (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions ofthe policies, including breaches of warranties, shall not affect coverage provided to the City, its direc{ors, officials, officers, employees, agents and volunteers. All insurance required by this Section shall contain standard separation of insureds provisions. ln addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its direc{ors, officials, officers, employees, agents and volunteers. Any deductibles or self- insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. '1.5 Acceotabilitv of lnsurers. lnsurance is to be placed with insurers with a current A.M. Best's rating no less than A: Vlll, licensed to do business in California, and satisfactory to the City. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commenc€s. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. ARTICLE VII WARRANTS BY CITY The City agrees that the Engineer shall not be liable for injury or damage to a person or property that should be occasioned or caused by an intentional act, a negligent act or an omission of the City or its members, officers, agents, employees, subcontraclors, their agents, officers or employees, and that the City will hold the Engineer, its officers, agents and employees harmless from liability thereof, and will defend the same in respec'ts to any claim or legal action that might ensue as a result of such injury or damage, including the payment of reasonable attorney's fees. 329 Monday, June 18, 2018, City Council Meeting Page No. 323 ARTICLE VII! ACCOUNTING The Engineer shall present to the City, at the close of each calendar month, an itemized invoice which describes all services performed during said month, classified in such manner as specified by the City. The City shall pay the Engineer within thirty (30) calendar days of such invoice. Records of the Engineer's direct personnel, consultant and reimbursable expenses pertaining to the work and records of accounts between the City and the Engineer, shall be kept on a generally recognized standard accounting basis and shall be available to the City or its authorized representative at mutually convenient times. The City m?y withhold payments for individual items if disputed. The City and Engineer shall make their best efforts to resolve disputed items. LE ]X ATTORNEY'S FEES lf any action at law of suit in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which it may be entitled. ARTICLE X I Whenever it shall be necessary for either party to serve notice on the other respective party of this Agreement, such notice shall be served to the following: Bob Russi, CitY Manager City of La Veme 3660 "D" Street La Verne, CA 91750 Dominic C. Milano, President RKA Consulting Group 398 Lemon Creek Drive, Suite E Walnut, CA 91789 330 Monday, June 18, 2018, City Council Meeting Page No. 324 LE XI CONFLICTS OF INTEREST The Engineer hereby attests that he or his firm have no conflicls of interest regarding services contained in this Agreement. Conflict of interest is defined as if RKA Consulting Group enters into a contract, has current a contract assigned, or receives compensation to provide a private client, developer or builder consulting services for projects inside or outside of the City of La Verne who is currently developing or building within the City or within the City's planning sphere of influence. The City Engineer, Deputy City Engineer, and Traffic Engineer state that they will avoid future conflicts of interest and, in the case of an assigned RKA contract, will immediately disclose the conflict of interest to the City Manager. The City Manager shall determine if a modification to RKA'S City contract to mitigate the impact of the conflict of interest is necessary and implement the same. This resolution of the issue shall be done in writing. The Engineer and the designated City Engineer hereby attest that they or their immediate families own no property within the City of La Verne or the planning sphere of influence larger than one acre in gross size. ARTICLE XII AFFIRMATIVE ACTION Through this Agreement the Engineer affinns his commitment of equal employment opportunities for all individuals and will make every effort to recruit, hire, train and promote qualified persons, particularly from groups which are victims of discrimination due to race, color, creed, age, national origin, sex or handicap. Every effort will be made to insure the maintenance of a full and effective affirmative action program. Compensation of the work force will be routinely monitored to detect any disproportionate level of employees from the above groups. Special efforts will be made to correct any deficiencies that are observed. All supervisory staff will comply with equal employment opportunity guidelines to insure that inadvertent discrimination does not unfairly screen out the individuals from the above groups. Supervisory staff will hold periodic meetings with employees under their direction to assist in developing themselves with employees with regard to employment and education. Supervisory staff will insure that the above individuals are given equal opportunity, that all employees are not locked into positions because of their color, race, sex, national origin, age, religion or handicap. ARTICLE XIII ENTIRETY OF AGREEMENT This Agreement represents the entire Agreement between the City and the Engineer and supersedes any agreements and all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the City and the Engineer. 331 Monday, June 18, 2018, City Council Meeting Page No. 325 ARTICLE IVX This Agreement is subject to renewal by mutual agreement of both parties. Any modification to this Agreement or changes in fee structures or compensation must be proposed in writing to the otherparty NO LATERTHAN MARCH 15,2018. ARTICLE XV OPERATIVE DATE This Agreement shall be effective from and after the date set forth below and opposite the respective signatures of the parties. The operative date of this Agreement shall be July 1 , 2018 to June 30, 2019. Dated July '1, 2018 CITY OF LA VE = A Municipal Corporation Mayor Don Kendrick Attest: Lupe EstrelIa, Assisstant City Clerk Date RKA Consulting Group A California Corporati Dominic C. Milano, President 332 Monday, June 18, 2018, City Council Meeting Page No. 326 ATTACHIUENT "A" SCHEDULE OF HOURLY RATES AND MONTHLY RETAINER SCHEDULE "A". CITY Principal/City Engineer $125.00 Traffic Engineer $125.00 Professional Engineer $105.00 Project Engineer (non-registered) $97.00 Design Engineer $91.00 lnspector - Public Works. $81.00 Administrative Assistant $57.00 Administrative Assistant to City Manager $39.00 Clerical $41.00 Engineering Technician $66.00 Monthly Retainer $2,000.00 (Minimum of '16 office hours per month, attendance at Department Head staff meetings and special Department Head "workshops", "retreats", etc.) SCHEDULE "B" DEPOSIT Principal/City Engineer $170.00 Traffic Engineer $170.00 Professional Engineer $143.25 Project Engineer (non+egistered) $129.50 Design Engineer $129.50 lnspector - Public Works $98.50 Administrative Assistant $67.25 Clerical $60.00 Engineering Technician $8 t.75 Blue Print and Reproductions Cost plus 15% Effec'tive date: July 1 , 2018 to June 30, 2019 .Prevailing *lf the State of California requires a Wage" lnspector on a City project, the lnspector- Public Works hourly rate will be invoiced at an increased rate of $14.00. 333 Monday, June 18, 2018, City Council Meeting Page No. 327 THIS AGREEMENT, made and entered into this '1st day of July, 2018, by and between the City of La Veme, a municipal corporation, hereinafter referred to as "City" and Tesco Controls, lnc. hereinafter referred to as "Consultant." THE PARTIES hereto agree as follows: ART]CLE I NATURE OF SERVICES Consultant shall provide SCADA consulting and maintenance services as requested by the City. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. ARTICLE II DIRECTOR OF PUBLIC WORKS SUPERVISION The Director of Public Works shall have the right of general supervision of all the work performed by the Consultant and shall be the City's agent with respect to the review, critique and approval of the services of the Consultant. He shall arrange for the orderly administration of the scope of services by the Consultant, including provisions for work authorizations and coordination of performance. The Director of Public Works shall have the right to delegate supervision of certain projects and areas of this Agreement. The Director of Public Works shall establish written work authorization procedures. ARTICLE III OWNERSHIP OF DOCUTUIENTS Ownership of original plans, drawings, specifications, exhibits, files, logic, and texts created in the fulfillment of this Agreement shall belong to the City. The Consultant may retain copies of all records. The City shall make available to the Consultant all records, reports, files and other documents necessary by the Consultant to properly perform the services required by the City. LE IV OPERATIVE DATE AND TERM This Agreement shall be operative as of the date the Agreement is entered into by and between the City and Tesco Controls, lnc. and shall continue in effect until June 30, 20'lg or such time as the Agreement is terminated by either party. The City may terminate this Agreement by giving a thirty (30) day written notice and the Consultant may terminate this Agreement upon giving a sixty (60) day notice. lnasmuch as the services to be provided under this Agreement are professional services, termination by either party shall be with due regard to the interests of the other party. lf Consultant terminates, it shall, at the request of the City, use its best efforts to perform essential 334 Monday, June 18, 2018, City Council Meeting Page No. 328 services under this Agreement until a replacement has been selected. ln the event of such termination, Consultant shall be entitled to reimbursement for all expenses incurred by it prior to expiration of such notice. ARTICLE V WARRANTS BY CONSULTANT The Consultant shall be an independent contractor and not an employee of the City under this Agreement and every person providing services under this Agreement, other than the Consultant, shall be the employee or subcontractor of the Consultant. The Consultant warrants that it shall pay and withhold all payroll taxes and similar payments, as required by law, including state and federal income tax, state disability insurance premiums, social security taxes and unemployment taxes, and shall maintain workers' compensation insurance as required by law. The Consultant agrees to indemnify the City and hold it harmless from any claim for compensation, or injury or illness due to the Consultant's negligence arising within the scope of the Consultant's participation or the Consultant's employees performing service under this Agreement. During the term of this Agreement, the Consultant shall maintain in full force and effect and deposit with the City insurance or a certificate of insurance which shall evidence the fact that the Consultant has in full force and effect comprehensive General Liability lnsurance, Professional Liability lnsurance, Excess Liability lnsurance and Automobile Liability lnsurance in the amount of not less than One Million dollars ($1,000,000). Said policy shall contain a provision that the same cannot be canceled without at least thirty (30) days prior written notice to the City of such cancellation. Within ninety (90) calendar days of this Agreement the Consultant shall provide an insurance policy in the amount specified above which shall name the City as additional insured. The Consultant shall comply with all of the provisions of the Worker's Compensation lnsurance and Safety Acts of the State of California, the applicable provisions of Divisions 4 and 5 of the California Labor Code and all amendments thereto; and all applicable state or federal acts or laws; and shall indemnify and hold harmless the City from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attorneys fees and costs presented, brought or recovered against City, for or on account of any liability for failure to obtain Worker's Compensation lnsurance for employees employed by Consultant under this Agreement. LE VI WARRANTS BY CITY The City agrees that the Consultant shall not be liable for injury or damage to a person or property that should be occasioned or caused by an intentional act, a negligent act or an omission of the City or its members, officers, agents, employees, subcontractors, their agents, officers or employees, and that the City will hold the Consultant, its officers, agents and employees harmless from liability thereof, and will defend the same in respects to any claim or legal action that might ensue as a result of such injury or damage, including the payment of reasonable attorney's fees. 335 Monday, June 18, 2018, City Council Meeting Page No. 329 ARTICLE VII ACCOUNTING The Consultant shall present to the City, at the close of each calendar month, an itemized invoice which describes all services performed during said month, classified in such manner as specified by the City. The City shall pay the Consultant within thirty (30) calendar days of such invoice. Records of the Consultant's direct personnel, consultant and reimbursable expenses pertaining to the work and records of accounts between the City and the Consultant, shall be kept on a generally recognized standard accounting basis and shall be available to the City or its authorized representative at mutually convenient times. The City may withhold payments for individual items if disputed. The City and Consultant shall make their best effo(s to resolve disputed items. LE Vill ATTORNEYS FEES lf any action at law of suit in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which it may be entitled. ARTICLE IX NOTICES Whenever it shall be necessary for either party to serve notice on the other respective party of this Agreement, such notice shall be served in writing to the following. Daniel W. Keesey, Director of Public Works City of La Verne 3660 "D" Street La Verne, CA 9'|750 Delven Diaz, Sales Manager Tesco Controls, lnc. 8440 Florin Road Sacramento, CA 95828 ARTICLE X CONFLICTS OF INTEREST The Consultant hereby attests that at has no conflacts of interest regarding services contained in this Agreement. Conflict of interest is defined as if Tesco Controls, lnc. enters into a contract, has current a contract assigned, or receives compensation to provide a private client, developer or builder consulting services for projects inside or outside of the City of La Verne who is currently developing or building within the City or within the City's planning sphere of influence. The Consultant states that it will avoid future conflicts of interest and, in the case of an assigned Tesco Controls, lnc. contract, will immediately disclose the conflict of interest to the Director of Public Works. The Director of Public Works shall determine if a modification to Tesco Controls, lnc. City contract to mitigate the impact of the conflict of interest is necessary and implement the same. This resolution of the issue shall be done in writing. The Consultant hereby attests that 336 Monday, June 18, 2018, City Council Meeting Page No. 330 Consultant employees working on City of La Verne projects own no property within the City of La Verne, or the planning sphere of influence larger than one acre in gross size. ARTICLE XI AFFIRi'ATIVE ACTION Through this Agreement the Consultant affirms its commitment of equal employment opportunities for all individuals and will make every effort to recruit, hire, train and promote qualified persons, particularly from groups which are victims of discrimination due to race, color, creed, age, national origin, sex or handicap. Every effort will be made to insure the maintenance of a full and effective affirmative action program. Compensation of the work force will be routinely monitored to detect any disproportionate level of employees from the above groups. Special efforts will be made to correct any deficiencies that are observed. All supervisory staff will comply with equal employment opportunity guidelines to insure that inadvertent discrimination does not unfairly screen out the individuals from the above groups. Supervisory staff will hold periodic meetings with employees under their direction to assist in developing themselves with employees with regard to employment and education. Supervisory staff will insure that the above individuals are given equal opportunity, that all employees are not locked into positions because of their color, race, sex, national origin, age, religion or handicap. LE XII INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, Contractor,s agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's pricing. A. Minimum of lnsurance Coveraqe shall be at least as broad as: lnsurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and lnsurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or lnsurance Services Office Commercial General Liability coverage. lnsurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code '1 per accident and endorsement CA 0025. t. Worke/s Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 337 Monday, June 18, 2018, City Council Meeting Page No. 331 B. Minimum Lim its of lnsurance Contractor shall maintain limits no less than: General Liability: $1 ,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. lf Commercial General Liability lnsurance or other form with a general aggregate limit is used, the general aggregate limit shall be $2,000,000. ii Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. iii. Errors and Omissions: $'1,000,000 per occurrence and aggregate iv Workers' Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of Califomia and Employers Liability limits of $1 ,000,000 per accident or disease. C. Deductibles and Self-insured Retentions i. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either. the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. D. Other lnsurance Provision The policies are to contain, or be endorsed to contain the following provisions: The City of La Verne, its officers, officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of La Verne, its officers, officials, employees, or volunteers. . The Contractor's insurance coverage shall be primary insurance as respects the City of La Verne, its officers, officaals, employees, agents and volunteers. Any insurance or self-insurance maintained by the City of La Verne, its officers, officials, employees, agents or volunteers shall be in excess ofthe Contractor's lnsurance and shall not contribute with it. It. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City of La Verne, its officers, officials, employees, agents or volunteers. 338 Monday, June 18, 2018, City Council Meeting Page No. 332 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insure/s liability. VI Auto shall cover owned, non-owned, and hired vehicles. E. Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City of La Verne, its officers, officials, employees, agents or volunteers for losses arising from work performed by the Contractor for the City of La Verne. F. All Coverage Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty days prior written notice by certified mail, return receipt requested, has been given to the City of La Verne. G. Acceotabilitv of lnsurers lnsurance is to be placed with insurers with a Best's rating of no less than A.Vll H. Verification of Coveraoe Upon execution of this Agreement, Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are lo be on forms approved by the City. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. l. Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. ARTICLE XIII ENTIRETY OF AGREEMENT This Agreement represents the entire Agreement between the City and the Consultant and supersedes any agreemenls and all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the City and the Consultant. ARTICLE XIV RENEWALS 339 Monday, June 18, 2018, City Council Meeting Page No. 333 This Agreement is subject to renewal by mutual agreement of both parties. Any modification to this Agreement or changes in fee structures or compensation must be proposed in writing to the other party NO LATER THAN April 30 of the ensuing fiscal year. ARTICLE XV OPERATIVE DATE This Agreement shall be effective from and after the date set forth below and opposite the respective signatures of the parties. The operative date of this Agreement shall be July 1, 20'18 to June 30, 2019. Date CITY OF LA VERNE A municipal corporation Don Kendrick, Mayor Attest Lupe Gaeta Estrella, Assistant City Clerk Date: Tesco Controls, lnc. Delven Diaz, Sales Manager 340 Monday, June 18, 2018, City Council Meeting Page No. 334 ATTACHMENT "A'' SCHEDULE OF HOURLY RATES See attached Rate Sheet. Effective date: July 1,2018 to June 30, 2019 Contract/Agnt I 04 341 Monday, June 18, 2018, City Council Meeting Page No. 335 oofrrFor-g, r c. ftn*.r*cocort-t"."om Professional Seryrbes Rafe Sheef This rate sheet provides pricing for Professional Services offered by Tesco Controls, lnc., including engineerin& integration, programming, equipment service, troubleshooting, technical support, and onsite field service representative. These services are available as Professional Services for system assessments, consulting, surveys/studies, engineering, and integration of SCADA/HMI automation systems, process control systems, instrumentation & control systemt information systems, power systems, electrical power and control equipment, networking/telemetry systems, transportations solutions, and water/wastewater automation systems. These services also provide support services for Tesco products, integrated automation systems, process control solutions, eledri€al distribution equipment, MCCs, pump/motor controls, instrumentation and controls. Stondord Professionol Service Rotes for Time ond Moteriol Services The following are Tesco's current professional service rates for year 201E including the escalation rate schedule for service type and category. The rates shown below include the direct hourly rate only and do not include expenses related to business travel, ME&l costs, per diem, or other miscellaneous fees. lf needed, please consult with Tesco representative for travel-loaded rates which are evaluated case-by-case upon request. Stondord Premium Emergency Service Professionol services Role servic es Servic es Controcls Factory Repairs s11o s12o slso Se5 Engineering Support s10s s11s s14s S9o Drafter/Designer s12s s13s s18s s110 Engineer/Designer (Electrical, Controls) s14s slss s21s s125 Project Engineer slss s16s s23s 513s Senior Proiect Engineer s170 s18s 524s Sr4s Project Manager s16s s17s s23s Sl,fs Senior Proiect Manager s18s s19s s24s slss PLC Applications Programmer slss s16s s23s 9135 Senior PLC Applications Programmer s17o s18s s245 9us SCADA Applications Programmer slss s16s s235 Sras Senior SCADA Applications Programmer s17o s18s s24s S145 Field service Engineer/Specialist slss s16s s23s s13s Senior Field Service Engineer s170 s18s s24s s14s Network/Communications Engineer s16s s18s s2so s1s0 Senior System Architect s2oo s2rs s26s s18s Service Rote Cotegories The following define the service types identified in the above listed rate categories... Standard Service Rate - These rates apply to standard scope and task order adivities that are under Tesco's scheduling and resource planning control. Standard rates are reserved for negotiated, planned, and well- defined/specified scopes of work where standard approach methodologies for executing work activities apply. These rates may also apply to specialized preventative maintenance services. These rates do not apply to open- ended task or time-&-material (T&M) work orders requiring premium technical/engineering services (please refer to Premium Service Rates); the Standard Service Rate category apply to standard 'proiecl;/product delivery'work. Please consult with Tesco representative for applicable service rate. Fib Ref: Rate SlEet (2018).doc 1of 3 342 Monday, June 18, 2018, City Council Meeting Page No. 336 Professionoi Services Rote Sheel rEsco coNrRots. tNc. Premium Service Rate - These rates apply to open-ended task and time-&-material (T&M) work activities where the scope of work is not well-defined requiring a non-standard approach to scope management and resource planning. Such activities require higherlevel disciplines for engineering task discovery in defining scope of work requirements on an as-needed basis. These rates may also apply to scope and task order activities that require premium technical services, such as engineering assessments, engineering surveys/studies, integration activitiet troubleshooting, and T&M support services. These rates do not apply to urgent, expedited, or emergency service where the rendering of services are subjed to deadlines or schedules that compress or interrupt other prescheduled activities or pro.ied work (please refer to Emergency Service Rates). Please consult with Tesco representative for applicable service rate. Emergency Service Rate - These rates apply to tasks, work activities, and/or services that are rendered where personnel and resources need to be expedited and do not follow Tesco's standard methodology for scheduling work. Such services may impact other work adivities or other project work, and may require rescheduling of resources to accommodate an expedited schedule. These rates may also apply to services that need to be rendered after normal business hours, whether provided as technical phone support or onsite technical support. Please note that any onsite technical support or activity rendered as an Emergency Service Rate may be subjed to additional surcharges as follows: Emergency Onsite Seryice Surchorges Mobilization surcharges are applied to each emergency call/request that results in onsite activities being rendered under the Emergency Service Rate classification as defined above. These surcharges do not apply to phone support or remote VPN access support services. The following surcharges are apply to the mobilization of onsite services based on operating business hours. After-Nomol Business Houts, On-Cdll Onsite ,upport...... 5950 per incident During Normol Business Hours, On-Coll Onsite 5upport...... 5650 per incident After-hours service requests are managed through Tesco's 2417 On-Call Support Program and facilitated through Tesco's call center and dispatched to on-call personnel. Please note that the utilization of Emergency Service Rates do not constitute an Emergency On-Call & Technical Support Service Contract or guarantee a level-of- service/response-time stipulated by those contracts. Please contact Tesco for a customized EMASS, Support, and/or On-Call Emergency Service Contract which is structured and quoted on support needs and on a system-by- system basis. Although Emergency services are expedited and scheduled promptly, mobilization is subject to availability and resource rescheduling lead-times. Please consult with Tesco representative for applicable service rate. Servlce Contract Rate - These rates apply to work, tasks, and scopes identified by a Tesco Service Contract. Service Contracts can include bundled packages for Extended Maintenance And System Services (EMASS) contracts, Technical Support Service contracts, and On-Call Emergency Service contracts. Eligibility of these rates are only available through an active and pre-paid Tesco Service Contract which are subject to the terms and conditions stipulated by the respective Service Contract language. These rates do not apply to Open Purchase Orders, Time-&-Material (T&M) service requests, or premium Professional Services / Consulting Agreements. please consult with Tesco representative for additional information and details related to Service Contracts. Please consult with a Tesco representative for applicable service rates. Rendering Services Upon contracting into an agreement with Tesco Controls, lnc. (i.e. Retainer Agreement, Service Contract, or professional Services/Consulting Agreement), these indicated rates shall be valid for the agreed contract period. Services rendered will be provided on a Time-and-Material accrual basis; which may be estimated in advance with a specified Task Order and/or defined scope of activity(ies). The hours accrued for rendered services will be recorded and only those incurred hours will be billed against the service/contract agreement in addition to the File Ref. Rate Shed (2018).doc 2of3 343 Monday, June 18, 2018, City Council Meeting Page No. 337 Professionol Services Role Sheel rEsco cotvrRots. ,Nc. cost of expenses, travel, per diem, ME&l costt feet expenditures, and any preauthorized hardware/material provided. Please refer to the Time-and-Material service provisions and the terms and conditions noted herein. Service Provisions Please note the following service provisions: i'I Normalworking hours are Monday through Friday, 8:00 a.m. to 5:00 p.m. Overtime at one a nd one-half the standard rate is billed for services outside the normal working hours, excluding weekends and holidays. Saturday working hours are billed at two times the standard rates. Sunday working hours are billed at three times the standard rates. n Holiday working hours are billed at three times the standard rates. The above rates are billed two-hour minimum and in half-hour increments per activity/mobilization. Portal-to-portal travel time is billed at the indicated hourly rate, plus S0.69 per mile. Hardware components are billed at cost plus 20% overhead/procurement expenditures and 15% margin (delivery is subject to manufacturer availability). Salestaxwill beapplied as appropriate. Actual travel expenses (airfare, ground transportation, lodging, meals, etc.) are billed at cost plus 20% overhead/administration. Authorized third party services will be billed separately at cost plus 20% overhead/subcontract administration and 15% margin (delivery is subject to service provider availability). Clorificolions Please note the following clarifications: n The above listed rates and referenced disciplines are for technical and professional services only, which do not include any trade installation, trade work, or trade labor. Terms ond Condillons TESCO carries liability insurance, with fullworkman's compensation coverage. Terms are net 30 days on approved credit accounts. lnterest will be applied to all past due invoices. site improvements and merchandise sold may be subject to lien laws. File Ret. Rate Sheet (m1q.doc 3of3 344 Monday, June 18, 2018, City Council Meeting Page No. 338 OAIE (MM'DDTYYYYI CERTIFICATE OF LIABILITY INSURANGE 5t23t2018 THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMANON OI{LY Af{D CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AtUIEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIF]CATE OF ]NSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING !NSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: lf the certificate holder is an ADDIT]ONAL INSURED, the polacy(ios) must have ADDITIONAL INSURED provislons or be endorsed. It SUBROGATION lS WAIVED, subject to the terms and condltlons of the pollcy, certain policies may require an endorsement. A statement on this certificats does not confer rights to tho certificato holder ln lieu of such endorEemont(s). PRODUCER lnterWest lnsurance Services (TESCO-1 ) License #0801094 3636 American River Dr, 2nd Floor Sacramento CA 95864 TNSURERA: Natl Union Fire lns Co of Pitt 1 9445 INSURED B: Travelers Cas Co Amer 25674 Tesco Controls lnc. P.O. Box 299007 Travelers Co of CT 25682 Sacramento CA 95829 Evanston lnsurance Co. 35378 INSURER F: COVERAGES CERTIFICATE THIS IS TO CERTIFY THAT THE OF INSURANCE HAVE BEEN THE NAMED THE PERIOD INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO !\'HICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFOROED BY THE POLICIES OESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOVVN MAY HAVE BEEN REDUCED BY PAIO CLAIMS. ADDI. TYPE OF INSURANCE POLICY ]llUMBER LtMtI'!t Ax COMMERCIAL GENERAL LIABILITY GLs180180 3t1t2018 3t1D019 EACH OCCURRENCE s 1.000,000 CLAIMS-MADE x OCCUR s 300 m0 MED EXP (Anv om GBonl $ 25 0,00 PERSONAL & ADV INJURY s l.ooo il)o LIMIT PER: GENERAL AGGREGATE s 2.fi)O.fi)O PRO- POLICY JECT tr LOC PRODUCTS - COMP/OP AGG 3 2 000 000 Emdovm Bonefits s 1.000,000 c AUTOMOBILE LIABILITY 8102J126018 3t112014 3l1D0'.lg $ 1,000.000 x ANY AUTO BODILY INJURY (Per p€rson) $ OVVNED SCHEDULEO BODILY INJURY (Psr accident) $ AUTOS ONLY AUTOS HIRED NON-OWNEO PROPERii oAMAGE AUTOS ONLY AUTOS ONLY (Per acciq,e.4U_. $ zuP14PAn25618NF 3t1120't8 a1DO19 B x UTTIIBRELLA LIAB x OCCUR EACH OCCURRENCE t 9,(x)O.000 EXCESS LIAB CLAIMS-MADE AGGREGATE s g.mo,000 nFn x PFTFNTION S .^ M^ I HEX 9t H- WORKERS CO}IPENSANON \ rc0E0756394 31112014 3t1t2019 X STATI ITF FP AND ETIIPLOYERS' LNAILITY E,L, EACH ACCIDENT $ r.000.ooo N/A E E.L. DISEASE - EA EMPLOYEE s 1.000.000 E.L. DISEASE. POLICY LIMIT g r.0(x).000 D Erors & Omissions MKLV4ENIOO5O4 9lNno17 940/201 8 Pollution 5,000,000 E&O Retro date '11l15/01' Prolessional 5,000,000 POLL & E&O Ded $50.000 oEscRtpnoN oF opERATtoNs, LocATtoNs, vEHtcLEs (AcoRD lol, Addiiloml Romrt. schsdulo, m.y bo.tlched r mo'3.p.cs 13 r.qulEd) Additional lnsured with primary wording and waiver of subrogation status applies to requested entities if re{uired by written contract.per the attached endorsement. General Liability per project aggregate status bpplies to requested entities if required by written contract per the attached endorsement. Workers Compensation waiver of subrogation siatus applibs to requested entities if required by written contract per the attached endorsement. '$1,000,000 coverage - 1 1-26-13 $5,000,000 coverage. RE: City of La Verne SCADA Consulting and Maintenance Services The City of La Verne, its officers, officials, employees, agents and volunteers. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE W]LL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, City of La Verne 3660 "D" Street Daniel W Keesey, Director of Public Works AUTHORIZED REPRESENTATVE La Verne CA 91750 I h, k'- @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 345 Monday, June 18, 2018, City Council Meeting Page No. 339 Tesco Controls lnc PoLtcYNUMBEB. 51E-01-E0 COMMERCIAL GENERAL UABILITY cG20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DDITIONAL INSURED - OWNERS, LESSEES O CONTRACTORS. SCHEDUTE SON O i 0 RGANIZATION This endorsement modifies insurance provided under the lollowing: COMMERCIAL GENEBAL LIABILITY COVERAGE PART SCHEDULE Name OI Additional lnsured Person(s) !of declarations lnrormation required to complete this Schedule, it not shown above, will be shown in rhe Declaratons, A. Section ll - Who ls An lnsured is amended to or "properly damage" occurring aller: include as an additional insured the person(s) or 1. All work, including malerials, parts or organization(s) shown in the Schedule, but only equipmenl lu/nished in connection wilh s(,ch with respect to liability for "bodily iniury", work, on the proiecl lother than service, "properly damage" or "personal and advertising rnaintenance or repair.s) to be perlormed by injury" caused, in whole or in part, by: or on behalJ of the additional insuredts) at th€ localion ot the covered operations has l. Your acls or omissions; or been completed; or 2. The acls or omissions those acting on ol porlion "your your behall; 2. That ol work" out oI which lhe injury o/ damage arises has been pul lo in the performance of your ongoing operations its int€nded uss by any person or for the additional insured{s} at the location(s) organization other than another contractor or designated above. subcontr*lor engaged in perlorming However: op€rations for a principal as a part of the proiect. 1. The insurance allorded to such addilional same insured only applies to the extent permitted C. With respect lo the insurance allorded to these by law; and additional insureds, the following is added to Section - Lirdfs Of lnsurance: 2. l1 coyercge provided to the additional lll insured is required by a contract or ll coverage provided to the addilional insured is ag/eement, the insurance afforded to such required by a contrat or agreerpnt, Ihe most additional insured will not ba b/oader than we yyill pay on behall of the additional insured that which you are required by the contract is the amount of insurance: or aqreement to provide for such additional 1. Required by th€ contract o/ ag/eement; or insured. 2, Available under the applicable Limits ol B. With respect to the insurance allotded to these lnsurance shown in the Declarations; additional insureds, the following additional exclusions apply: lYhichever is l€ss. This insurance does not apply to "bodily injury" This endorsernenl shall not increase the applicable Limits of lnsurance shown in the Declarations. cG 20 10 04 13 @ lnsurance Services Oflice, lnc.,2O1? Page I oI 1 tr 346 Monday, June 18, 2018, City Council Meeting Page No. 340 POLICY NUMBER; GL 518-01-80 COMMERCIAL GENERAL LIABILITY cG2037@13 THIS ENDOBSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS . COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PBODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SC}IEDULE ml Location And Description Ot Completed Operations A}IY PERSON OR ORGANIZATION PER THE CONTRACT OR AGREE}IENT, WHO}I YOU BECOI,IE OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREET{ENT YOU HAVE ENTERED INTO. lnformation required to complete this Schedule, if not shown above. will be shown in the Declarations you A. Section - Who !s An lnsured is amended to which are required by the contract or ll provide include as an additional insured the person{s} or agreement to for such additional insured. organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or B. With respect to the insurance afforded to these "propeny damage'caused, in whole or in part, additional insureds, the following is added to by "your work" at the location designated and Section lll - Limits Of lnsurance: described in the Schedule of this endorsement lf coverage provided to the additional insured is performed for that additional insured and required by a contract or agreement, the most included in the'products-completed operations we will pay on behalf of the additional insured hazard". is the amount of insurance: However: 1. Required by the contract or agreement; or 1. The insurance afforded to such additional 2. Available under the applicable Limits of lnsu- insured only applies to the extent permitted rance shown in the Oeclarations; by law; and whichever is less. 2. lt coverage provided to the additional insured is required by a contract or agree- This endorsement shall not increase the appli- ment, the insurance afforded to such addi- cable Limits of lnsurance shown in the Decla- tional insured will not be broader than that rations. cG 20 37 04 13 O lnsurance Services Office, lnc., 2012 Pagelofl tr 347 Monday, June 18, 2018, City Council Meeting Page No. 341 POLICY NUMBER: GL 518-01-80 COMMERCIAL GENERAL LIABILITY cG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY PRIMARY AND NONCONTRIBUTORY . OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILIW COVERAGE PART The following is added to the Other lnsurance policy provided that: Condition and supersedes any provision to the (1) The additionalinsured is a Named lnsured contrary: under such other insurance; and Primary And Noncontributory lnsurance (21You have agreed in writing in a contract This insurance is primary to and will not or agreement that this insurance would seek contribution from any other insurance be primary and would not seek contribu- available to an additional insured under your tion from any other insurance available to the additional insured. cG 20 01 04 13 O lnsurance Services Office. lnc., 2012 Page 1 of 1 348 Monday, June 18, 2018, City Council Meeting Page No. 342 POLICY NUMBER: GL5180180 COMMERCIAL GENERAL LIABILITY cG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PABT PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person 0r Organization: PURSUANT TO APPLICABLE WRITTEN COI{TRACT OR AGREE}IENT YOU ENTER INTO. lnformation required to complete thrs Schedule, if not shown above, will be shown in the Declarations, The following is added to Paragraph 8. Transfer Of Bights Of Recovery Against Others To Us of Sec- tion lV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing opera- tions or "your work' done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. cG 24 04 05 09 O lnsurance Services Office, lnc., 2OO8 Pagelofl tr 349 Monday, June 18, 2018, City Council Meeting Page No. 343 COMMERCIAL AUTO 81 02J1 2601 8 TTIIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT GAREFULLY BUSINETS AUTO EXTENSION ENDORSEMENT Thrs endorssnent mo'difies insurance provided under the lollowing; BUSINESS AU TO COVERAGE FORM GENERAL DESCRIPflON OF COVERAGE -Thls €ndoreemenl broadens coverage. However, ooverage lor any iniury darnage or rnedlcal sxpense$ deecribed ln any of the provislon,s of thls endorsament rnay be excluded or limited by anolher endorsoment lo the Coverag€ Psrl, and thqgo covorago trroadeniq provisions do nol apply to ths cxtent thal coverage is oxcluded or llmitod by euch an endorcamBnt. The following llsting ls a general covor- age desLyrplion only. l.imilalions and exclusion$ may apply to these coveraps. Read all the pnorrisions of this en- dotsefiienl and the nrsl of your policy caretully to determine rights. dulies, and what is and is not cuered- A. BROAD FOR}I NAITIED IT.,SURED H. HIRED AUTO FHYEICAL DAIOAGE - LOSS OF USE LII/IIT B. BLANKET ADDTTIONAL INSURED -INCREASED L pHystcAl oAtuAGE - TRANSPORTATION c. EHPLOYEE HTRED AUTO EXPENSES - INCREASED tIiIIT D. EMPLOYEESASTN8URED J. PERSONALFROPERW E. SUPPLEI,ENTARY PAYMENTS - INCREASEO K. AIRBAoS LlMlrs L NorrcE AND Kr{owLEDGE of AccTDENT oR F. HIRED AUTO. LIMITED WORLDMDE COV. LOSS ERAGE - INDEHNITY BASIS M. BLANKETWATVER OF SUBROGATTON G. WAIVER OF DEOUCTIBLE - GLASS N. UNTNTENTIONAL ERRgRS OR OifiEStON$ PROVISIONS A. BROAO FORI'JI NAUED INSURED this insurance applies and only lo lfie erlenl lhal person qualilies The follorlng is added to Paagraph A.1., Who ls or organization as an ''insured' An lneured, of SECTION ll - COVERED AUTOS under thc Who ls An lnsurcd provlcion contained LIAtsILITY COVERAGE: in Seslbn ll. Any organizatlon you newly'acquire or form dur- C, ET{PLOYEE HIREOAUTO ing lhe policy penod ovsr which 1ru mainlein 1. The fotlowing is addsd to Paragraph A.1., 60% or more ownorship interost and hal is nol Who ls An lmurpd, of SECTION ll - COV" separately insured for Busin€ss Aulo Coveruge. ERED AUTOS LIAEILITY GOVEMGE: Coveragc under this provision is afforded orrly ulr An "emfloyee' of yours is an "insured" while til tho 180th day aflcr you acqdre or form the or- operating an "aulo'hired or renled under a ganization or the end of he pdiry period, which- oonlrs(t or agreemant in an 'ernployee's' your permission, performing sver iis earlier. name, with while duties related to the conducl of your busi- B. BLANKET ADDTT'ONAL IHSURED nesg. The foflowing is added to Paragraph c. in A.1., 2. The foltowing repiaces Paragraph b. in 8.5,, Who la An lnsured, ot SECTloll Il- COVEREO Other lnr.urance, of'SECnOil W - BUSi- AUTOS LIABIL]TY GOVERAGE: NES9 AUTO COHDITION$: Any person or crganization who is roquirod undcr h. For Hirod Auto Physlcal Damago Cover- a written contract or agreament betw€on you and age, the following ane deemed to be cov- thal perton or organizetion, lhat is signed and red "autog'you own: executed by you before lhe 'bodily injr.tty" or (f) AnV covered "aulo' you lease, hrre. 'pmpefty dannge" occur$ and that a6 in offect renl or borrow; and during fto pollcy perlod, to be named as un addi- (2) Any coversd "auto'' hired or rented by tional insured lg an "lnsurcd'for Covered Autos your "enployee" under a contracl in Liability Coverage, bul only for darnages to which an "employee'6" name, wllh your cA T3 53 02 15 {?2t!15 Tlro TravrJort lhdamnity Company. Al righ',! rescrveC- Page 1 of4 lncludes copynghtad marc,lal of lnuuranca tiuivicu& Officr. lnc. wifr itt p,rmission, 350 Monday, June 18, 2018, City Council Meeting Page No. 344 CO[4MERCIAL AUTO rsuHl pefinis$ion, whllo pErlonnlng dutlBs {a} Wlth respecl to any claim mado 0r rolaled to the coflduct of your busi- bmuglrt outside hs United Statgs of n66is. Amcrica, lhe tonitories and possessions the Unlted States Arnerlca, Puarlo Howewr, any'au!o' lhat ig lea$ed, hlred, of of and Canada: rented or borrowed with a drtvor Is not a Rlco covgred "aulo', (i) You must anange to dofcnd lhe "in- D. EMFLOYEES AS INSUREO sured" againsl, and invcstigatc or sst- Ite any sucfi clalm or'sulf and keop is The follortng added lo Parcgraph A.1., Who le us advised of all procoedings and ac- An lnsured, of SECTIOH !l - CO\TERED AUTOS hons LIABI.ITY GOVERAGE: (ll) Nlelther you nor any ohor lnvolved yulrs *insured" Any "employee' of ls an 'lnsured" rtlhlle us- will make any settlernent ing a covered 'aulo" you don'l own, hire or borrow wilhout our con6ent. in your business or your personal affairs. (iill tve may, at our discretron. participate E. SUPPLEMENTARY PAYITIENTS - NCREASED in detending lhe'lnsured' ageinsl, or LIMtTS in tfie settloment of, any claim or 1. The iolbwrng replaces Paragraph A.2,a.(2), "suit', of SEGTIOH II - COVERED AUTOS LIABIL. (ivl We will reirnburse the 'insured" for ITY GOVERAGE: euma lhat the 'insuref legally must (2) tlp to $3.tXlO lor cos] of trail tronds (in- pBy as darnages because of'bodily cludlng bond6 for related lrafflc law vlola injury" or 'plopedy damago" hc u/hlch tions) required bgcaus€ of an "eccident' this inu.rrance applies, thet lhe 'ln- wc covcr. We do not have lo furnish sured' pay$ wilh our consenl, but these bonds. only up to the fimit desoribod in Par+. graph Limits 2, The following replaces Paragraph A.2.a,(4), C,, Of lnsuranoe, of of SECTIOH II. COVERED AUTOS LI.ABIL. SECTION II - GOVERED AUTOS ITY COVERAGE: LIABILITY COVERAGH. WB 'insurod" for (4) All rcasonable expenses incurred by the (y) will reimburse ltr€ re.asonable expenses incurred 'in6ur€d at our roqlo6t, lncludlng actual he our oonsent for your invcctlga- loss of earnings up to $500 a doy be- rith your oause of timo off from work, tlon of sr.rdr dalms and dofenso o{ the "insured" agah$t any such F, HIREO AUTO - LIMITED WORLDUIIDE COV. "suit', but only up to and included ERAGIE . INDEUNITY EASIS wlthln the llmlt descrlbed ln Para- The following replacas Subparagraph l5) in Para- grflph C., Litnits Of lngurance, of graph 8.7., Policy Perlod, Coverage Terrilory, SECTION II - GOVERED AUTOS of SEGTION lV - BUSINESS AUTO CONOI- LIAAILITY COVERAGE, and not in TlONS: addition [o suc]r llrnit. Our duty lo make sucfi payments ends when we (5) Anywhere h the world, Except any counlry o{ have used up apflicable limit of jurisdiction while any trade sanction, om- tre paymonts burgo, or sirnilar regulation imposed by the ineuranco in br damages, setlement$ or dcfenso oxpensos. United SlHtes of Americe applies to end prc- hlblls the transacllon of btslness wlth or (b) Ttris insurance is exoess over any valid within sudl counlry or jurMlctlon, f,or Cov- and eollec-thle other lnsurgnce availabl€ ered Autoe Liabilily Coverage for any csvared to the "ltruured' vvhslhar primary, sxcsssr "euto" that you leaso, hlro, (ent or borrow mntingont or on any ofier basis. wllhout a driver for a perlod of 30 dap or less (c) Tht$ insurance is nol a sd,.siitute for re- and that is no{ an "auto" you leese, hire, reflt qulred or cornpuhory insurance in any or bonow from any of your "employees", oounlry or{side the United Statss, its ler- partners {lf you are a partnership), mernbers ntories and poss'essions, Puerlo Rico snd (if yott aro s lin'rit€d liability mmpany) or Canada. memhrs ol lheir htxreehrJds. Page 2 of 4 O 2015 IhG fr'\El6rB hdffinily CompFtry. rlgrlts reserve6. cA T3 53 02 15 lnr*rdos upyrlghLd matrdal of lneurancc Scrviccs Oflt6.,^l lnc. wilh its pcrmirshn. 351 Monday, June 18, 2018, City Council Meeting Page No. 345 COMMERCIALAUTO You agree lo maintain all required or f2) ln or on your covored "auto". compuls.ory rnsurance tn any such coun- This coverage epplies only in the evenl of a tolal try up to the mlnlmum limlts requlred by thelt ofyour covered "aulo". local law, Your fallure t0 comply wlth I'lo doduotbles apply lhls Personal Property compdsory insursnce requirerrnnls will lo covorago, nol invdldate tho coverago afforded by this pollcy, hil we will only be liable to the K. AIRBAGS Eam€ extent we would haw been liable The following is added ts Parsgraph 8.5., Exclu- had you complied with the compulsory in- slons, of SECTIOI,I lll - PHYSICAL DAHAGE suranog requlrernenG. COT/ERAGE: (d) lt b underslood that ws are not an admit- Exdusion 3.a. does nol apply to "los6" to on€ or ted or authorlred Insurer ocJtslde the more airbags in a covered'auto'you orJn lhat in- Unilod Stalos of Amor'rca, its lsnitorios flale due to a sanse other than a c€ugo of "losg" and possessirns, Puerto Rico and Can- set {orth ln Paragraphs A.l.b. and A.l,c., but ada. We E*isume no responsibility for the only: fumishing of cartificates of inzurance, or a. l[ lhal 'auto' is a mvered "aulon for Compro- for oonpliancc in any way with the laws hensive Coverage under this policy; of other countries relating b insurance. b. The airbags are not covered under any war- G. WANER OF DEDUCTIBLE - GLA$S ranty; and The following b addsd t0 Paragrsph D., Deducti- c, The alrbags wer6 not intqntlonally lnflated. blc, of SECTIOH Ul - PHYSICAL DAIIIAGE We will pay up to a meximum of $1,000 ktr any COVERT4GE: one'loss', l\o deducliblo for a cover,ed 'auto' wll apply to L. NOTICE A}.ID KNOI'ILEDGE OF ACCIDENT OR gla$s damage if lie glass is repaired ralher than LOSS replacod. The frollowing is added to Paragraph A.Z.a., of H. HIREO AUTO F'I{YSICAL DAIIAGE - LOSS OF $ECTION IV- BUSINESS AUTO CONDITIONS; USE - IHCREASED LIMIT Your duly b give us or our authorized representa. The folhwing rcplaces lhe last senlenc€ ol Para- tive prompt noticg of ths 'accident" 06 "loss" ap- graph A.4.b., Lots Of Uro Expensoo, of SEC- fles only when the "accidonl" or'loss" is known TiON NI- PHYSICAL OAI'TAGE COVERAGE: to: However, the most we will pay lor any expenses (a) Yor.r (lf t'ou are an lndlvldual); for [es, ol use ie $06 por day, lo a rneximum of (b) ,A partpr (lf you arc a partttershlp); $750 lor any ono'accidenf, (c) A member (if yuu rs a limitad liabilily com- I, FHYSICAL DAMAGE - TRANSPORTANON pany)i EXPENSES - I]UGREASED LIMTT (d) An executive officer, direclor or ingurance The folhwirq roplacos tho frst eontonco in Para' mafiager (if you are a corpo,ration sr gther or- graph A.4.a.., Transportatlon Expenses, of ganiaationh or SECTION III - PHYSICAL DAMAGE COVER. (el Any "ernployes" euthorized by you to give no- AGEr lice of the'accident" or'loss". Wc will pay up to $5O por day b a rna.ximum of M. BLANKETWAIYER OF SUBROGAflON $1,500 ,or lernporary trunsportalion expense in- Tho followlng replacos Paragreph A.5,, Trentfer cuned by you bocauso of tho total theft sf a cw- Ol Rightt Of Recovery Agaiast Otherg To Us, ered 'aulo' ot the private passsnger tJpe. ol EECTION llv - BUSINEES AUTO CONDI- J. PERSONALPROPERTY TIONS; The following is added to Paragraph A.4., Cover' 5. Transftr Of Rightr Of Rccovury Againrt age Exteneiont, of SECTION lll - PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right o[ recovery we may have percm Personal Property agnhst any or organlzatlon to the ex- tent roq.rlred of you by a wrttlen contracl We will pay up to $+OO lor "loss" lo wearing ap- sigrred and executed prior to any "sccldenl, parel and ofier personal property which is: or'bss'. providcd hal fie "acciJent'' or "loss' (1) Owned by an "inanred"; and arises out of operndons contgmplatod by CA TS 53 02 X 5 € 2015 The TrevBl€ru lndernnaty Company' An ilghts tescwed- Page 3 of 4 ,ncl,Jdcr coplrightcd motlrirl of lnqimnso Serylscs ffic., lnc" sith its pwmboim 352 Monday, June 18, 2018, City Council Meeting Page No. 346 i I I I l COMMERClAL AUTO i I i such oontracl. The waiver amlies only to lho Ths unintentbnal ornitsion of. or unintentionsl person or otganizalion dosignated in such emff in, any information given by yott shall not contracl. prejudac6 your nghts und€r lhis insurance. How- N. UNII.ITENTIONAT ERRORS OR OMISSIONS ever his prwislon does not alfect our rlght lo ml- I premaum exercise right of I The following b added to Paragraph 8.2., Con' lecl additional or our cealment, illereprecentaEon, Or Fraud, of oancellation or non-renewal, I l SECTION IV BUSINES9 AUTO GONDTTION9: - i i cA T3 53 02 Paga 4 of 4 @ 2015 Tho Trruolels lndeflmlty Compsny- All ri;hts toswvud. t5 lndudes copytlghl€d matarltl ol lnru€nce Scrvl(Er Ofllcc, lna vrlh ib pcmisdor, 353 Monday, June 18, 2018, City Council Meeting Page No. 347 BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the polby to which it is attached effective on lhe inception date of the policy unless a different date is indicated below. (The follodng "attaching clause" need be compleled only when this endorsement is issued subsequent to preparation o{ the policy). This endorsement, effective 12:01 AM 0310112018 forms a part of Policy No. trtC 080-75.6394 lssued to TESC0 C0}ITR0LS, lNC. By NATlOilAL UNION FIRE INSURA}{CE CO!,IPANY 0F PITTSBURGH, PA. We have a right to recover our paym€nts from anyone liable for an injury covered by this policy. We will nol enforce our right againsl any person or organization with whom you have a written conlracl that requires you to obtain this agreemenl from us. as regards any work you perform for such person or organization. The additional premium for this endorsement shall be 2.00 7o of lhe total estimated workers compensalion premium for this policy. wc 04 03 61 Countersigned by //ja@**-- (Ed. 11re0) Authorized Representative 354 Monday, June 18, 2018, City Council Meeting Page No. 348 This page left intentionally blank 355 Monday, June 18, 2018, City Council Meeting Page No. 349 AGREEMENT TO PROVIDE MAINTENANCE SERVICES THIS AGREEMENT is made and entered into this 1st day of July, 2018, by and between the City of La Verne, a municipal corporation, hereinafter referred to as "City," and Tri County Pump Company hereinafter refened to as "Contractor." RECITALS (A) City wishes to establish a contractual relationship with Contractor to provide services and materials on an on-call basis when needed by City; and (B) City has not determined the exact nature, scope, or budget for these services and materials at this time; and (C) The City has qualified Contractor for providing these services and materials as to insurance and other provisions as specified in this Agreement; and (D) Contractor represents that it is a qualified and competent supplier of the servlces and items to be purchased under this Agreement. IT IS AGREED AS FOLLOWS: 1. Scope of Services. The Contractor shall provide the following services: A. Maintain or repair pumps, wells, motors, controls and their related parts . Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor herein under in meeting its obligatlons under this Agreement. 2. Operative Date. The services of the Contractor shall be available upon the execution of this Agreement from July 1, 2018 through June 30, 2019. 3. Request for Services. City will request services pursuant to this Agreement and the Contractor and the City shall execute a purchase order specifying the nature and cost of the services to be provided for that specific request. Contractor shall acknowledge receipt and acceptance of the requested materials and/or services by signing a copy of the purchase order and returning it to the City within ten (10) days unless directed to reply sooner. 4. Nonexclusivitv. Nothing contained in this Agreement shall be construed or interpreted as giving the Contractor any exclusive right or priority to provide any or all of the services described in this Agreement, and the City shall remain free to use its own forces or any other person to provide some or all of those services as the City may in its sole discretion determine best meets the City's needs and interests. 5. Compliance with Laws. The Contractor shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature, which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to perform the services requested under this 356 Monday, June 18, 2018, City Council Meeting Page No. 350 Agreement. lf providing services in the City, Contractor shall maintain a City business license pursuant to the City Municipal Code. 6. Sole Responsibilitv. Contractor shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement. 7 . Accountinq. The Contractor shall present to the City, at the close of each calendar month, an itemized invoice which describes all services performed during said month, classified in such a manner as specified by the City. The City shall pay the Contractor within thirty (30) calendar days of such invoice. Records ofthe Contractor's direct personnel, contractor and reimbursable expenses pertaining to the work and records of accounts between the City and the Contractor, shall be kept on a generally recognized standard accounting basis and shall be available to the City or its authorized representative at mutually convenient times. The City may withhold payment s for individual items if disputed. The City and Contractor shall make their best efforts to resolve disputed items. 8. Cost of Services and Materials. Pricing for those services shall be specified in the purchase order and attachments to the purchase order for the specific services and materials requested by the City. ln no event shall a single purchase under this Agreement exceed a total of One Hundred Twenty Five Thousand ($125,000.00) during the effective period of this agreement. 9. lnformation/Report Handlinq. All documents furnished to Contractor by the City and all reports and supportive data prepared by the Contractor under this Agreement are the City's property and shall be delivered to the City upon the completion of Contractor's services or at the City's written request. All reports, information, data, and exhibits prepared or assembled by Contractor in connection with the performance of its services pursuant to this Agreement are confidential until released by the City to the public, and the Contractor shall not make any of the documents or information available to any individual or organization not employed by the Contractor or the City without the written consent of the City before such release. 10. Availabilitv of Records. Contractor shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Agreement. Contractor shall make these records available to authorized personnel of the City at the Contractor's offices during business hours upon written request of the City. 11. Proiect Manaoers. The designated Project Manager is Daniel Keesey, Director of Public Works, who shall represent the City on all matters hereunder. He shall have the right of general supervision of all the work performed by the Contractor and shall be the City's agent with respect to the review, critique and approval of the services of the Contrac{or. He shall arrange for the orderly administration of the scope of services by the Contractor, including provisions for work authorizations and coordination of performance. The Operations Manager shall have the right to delegate supervision of certain projects and areas of the Agreement. 12. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To City: Daniel W. Keesey, Director of Public Works City of La Verne 3660 D Skeet La Verne, CA 91750 357 Monday, June 18, 2018, City Council Meeting Page No. 351 To Contractor: Tri County Pump Company 24't South Arrowhead San Bernardino, CA 92408 or personally delivered to Contractor to such address or such other address as Contractor designates in writing to City. 13. lndependent Contractor. lt is understood that the Contractor, in the performance ofthe work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the City. As an independent contractor, neither Contractor nor any of its officers or employees shall obtain any rights to retirement benefits or other benefits, which accrue, to City employee(s). With prior written consent, the Contractor may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. The contractor warrants that it shall pay and withhold all payroll taxes and similar payments as required by law. lncluding state and federal income tax, state disability insurance premiums, social security taxes and unemployment shall maintain workers' compensation insurance as required by law. 14. Nondiscrimination. Contractor warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Contractor does not and shall not discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act. ln performing services under this Agreement, Contractor shall not discriminate against any applicant or designer on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition. 15. Emolovment of Aliens. A. Contractor warrants that it fully complies with all laws regarding employment of aliens and others, and that all its employees performing services hereunder meet the citizenship or alien status requirements contained in federal and state statutes and regulations, including, but not limited to, the lmmigration Reform and Control Act of 1986 (P. L. 99-603). B. Contractor shall obtain from all covered employees performing services hereunder, all verification and other documentation of employment eligibility status required by federal statues and regulations as they currently exist and as they may be hereafter amended- C. Contractor shall retain such documentation for all covered employees for the period prescribed by law. D. Contractor shall indemnify, defend, and hold harmless, the City, its officers and employees from employer sanc{ions and any other liability which may be assessed against CITY in connection with an alleged violation of federal or state statutes or 358 Monday, June 18, 2018, City Council Meeting Page No. 352 regulations pertaining to the eligibility for employment of person performing services under this agreement. '16. Backoround Check. The City, at its discretion, reserves the right to complete a background check for any employee prior to working in any city facility. Costs associated with the background check will be paid by the City. 17. C Keys will be issued to the Contractor and designated employees upon written approval from Department Head and Director of Public Works. A deposit of $'100.00 is required for the first key and $50.00 for each key thereafter. Deposit is refundable upon return of the key. Lost or stolen keys require a replacement fee as established by the Director of Public Works. lndividuals issued keys should be aware of security issues involved with the loss of city keys and should exercise responsible measures to keep keys secure. Access to city property is normally after city business hours with the exception of the Public Safety Facility and the Yard. Usual and customary business practices should be used to determine the hours that maintenance will be performed. 18. lnsurance. contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, Contractor's agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's pricing. A. Minimum Scooe of lnsurance lnsurance Services Office Commercial General Liability coverage (form GC OOO1), or its exact equivalent with an edition date prior to 2004. ll. lnsurance Services Office form number CA 0001 or equivalent covering Automobile Liability, code 1 per accident and endorsement CA 0025. t Workers Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. IB m Contractor shall maintain limits no less than: i. General Liability: $5,000,000 combined single limit per occurrence for personal injury and property damage lf Commercial bodily injury, .. .. . Gendrat-tiiOitity lnsurance or other form with a general aggregate limit is used, the general aggregate limit shall be $10'000,000. ii. Automobile Liability: $1 ,000,000 combined single limit per accident for bodily injury and Property damage. iii. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $'1,000,000 per accident or disease. 359 Monday, June 18, 2018, City Council Meeting Page No. 353 C. Deductibles and Self-insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, an defense expenses. D. Other lnsurance Provisions The policies are to contain, or be endorsed to contain the following provisions: The City of La Verne, its officers, officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of La Verne, its officers, officials, employees, or volunteers, and shall be provided on lnsurance Services Office Form CG 20 10 with an edition date prior to 2004, or is exact equivalent. Additional insured status for completed operations shall be provided either in the additional insured form or through another endorsement such as CG 20 37 with an edition date prior to 2004. The Contractor's insurance coverage shall be primary insurance as respects the City of La Verne, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City of La Verne, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's lnsurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City of La Verne, its officers, officials, employees, agents or volunteers. tv The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of recovery prior to a loss. Contractor waives its right of recovery against City. E. Workers' Compensation and Employers Liabilitv Coveraqe 360 Monday, June 18, 2018, City Council Meeting Page No. 354 t. The insurer shall agree to waive all rights of subrogation against the City of La Verne, its officers, officials, employees, agents or volunteers for losses arising from work performed by the Contractor for the City of La Verne. F All Coveraoe Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty days prior written notice by certified mail' return receipt requested, has been given to the City of La Verne. L, Acceptabilitv of lnsurers lnsurance is to be placed with insurers with a Best's rating of no less than A:Vll. H Verification of Coveraoe Upon execution of this Agreement, Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance poticy are to be signed by a person authorized by that insurer to bind coverage on iti behatf. The certificates and endorsements are to be on forms approved by the City. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies' at any time. l. Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage ior subcontractors shall be subject to all of the requirements stated herein. J. Contractor agrees to provide immediate notice to City of any claim or-loss against Contractor arising out of the work performed under this agreement' City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 1g. lndemnification. The contractor shall save, keep and hold harmless indemnify and detend tneEifi its otticers, agents, employees and volunteers from all damages, liabilities' costs, or erpenseJin law or'equity that may at any time arise or be sel upbecause of f"n"tti"., performing damages to property or personal injury received by reason of, or in the course of work ilhich may be tccasioned by a willful or negligent act or omissions of the Contractor, or any of tne contractor's officers, employees, or agents or any subcontractor. This.provision shall noi appty if the damage or injury is proximately caused by the gross or active negligence or willfui misconduct of the City, its officers, agents, employees, or volunteers' 361 Monday, June 18, 2018, City Council Meeting Page No. 355 20. Bonds. lndividual job orders from the City may require performance or labor and material bonds in conformance with City's Standard Specifications. ln any event, for any work or services ordered in excess of $75,000, Contractor shall provide, before undertaking any work on that project, a surety bond in an amount equal to at least one hundred percent (100%) ofthe contract price as security for the payment of all persons performing labor and furnishing materials in connection with this contract pursuant to State law. 21. Prevailinq Waqes. Unless otherwise authorized in writing by the City, Contractor shall comply with Labor Code Sections 1774 and 1775. The current schedule of prevailing wage rates supplied by the State Department of lndustrial Relations is on file and is available for inspection in the office of the City Clerk of the City of La Verne in City Hall at 3660 D Street, La Verne, California. The City shall not supply copies of this schedule for posting on the job site unless specifically requested to do so by the Contractor. lf the Contractor intends to use a craft or classification not shown on the general prevailing wage determinations, it may be required to pay the wage rate of the craft or classification most closely related to it as shown in the general determinations effective at the time of the purchase order. lf the Contractor intends to use a craft or classification not shown, it shall notify the City at least five (5) working days before the execution of the purchase order. lt is the Conhactor's obligation to ensure that prevailing wages are paid in conformance with State law and regulations for projects subiect to this agreement. 22. Contractor's Schedule of Fees. This agreement is essentially a "time and materials" contract. As such, Contractor agrees to provide services, including labor, equipment and material mark-ups, per the rates shown in Exhibit A of this agreement. The only modifications to Exhibit A during the effective period of this agreement shall be with respect to labor rates and prevailing wage requirements as noted in Section 16 of this agreement. 23. Time of the Essence. Prompt delivery of the services and materials is essential to this Agreement. 24. Termination. This Agreement may be terminated at any time by giving thirty (30) days written notice to the other party. Any work, services, or materials being performed or delivered at the time notice of termination of this Agreement is given shall be completed and paid for pursuant to this Agreement and California law. 25. Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of the Agreement. 26. Modifications. No modification, waiver, termination, or amendment to this Agreement is effective unless made in writing signed by the City and the Contractor. 27 . Severabilitv. lf any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 28. Entire Aoreement. This Agreement sets forth the entire understanding between the parties. 362 Monday, June 18, 2018, City Council Meeting Page No. 356 This Agreement shall be effective from and after the date set forth below and opposite the respective signatures of the parties. The operative date of this Agreement shall be July 1 ,2018 to June 30, 2019. f. / Don Kendrick, Mayor Attest: Lupe Gaeta Estrella, Assistant City Clerk Tri County Pump Company BY Den Manager 363 Monday, June 18, 2018, City Council Meeting Page No. 357 Exhibit A Gontractor's Schedule of Fees July 1 , 2018 through June 30, 2019 364 Monday, June 18, 2018, City Council Meeting Page No. 358 C WATERWELL AND PUMP SERVICE WELL SERVICE RATE SHEET - PUMP PULLING AND WATER PREVAILING WAGE RATES City of La Verne (Effective July 1,2018 to June 30' 2019) 305'00 per hour 2ManCrew and Pump Rig """""' ""$ .....$ 420.00 Per hour 3 Man Crew and Pump Rig"""""""""" .....$ 200.00 Per hour Rotary Crane and 1-man crew """""""' "$ 315'00 per hour Rotary Crane and 2-man crew """"' ServiceTruckw/AutoCrane&FieldServiceman...... '...$180.00perhour 295'00 per hour Service Truck dAuto Crane &2-matcrew """"""""""""'$ '$ 170'00 per hour Service Truck and Field Serviceman "':""""""" '$ 285'00 per hour Service Truck and 2-man crew """"' '...$ 150.00 Per hour Flat Bed Truck and Driver .$ 115.00 Per hour Additional HelPer.. 170'00 per hour Control and Instrument Specialist""""""" """""$ . . . . .$ 95.00 Per hour Shop Labor...... " "$ 75'00 per man hour Overtime - Addition to above rates" " "'$ 735'00 each Wire Brush or swab rental' " .$ 650.00 each Nylon Brush 8"-10" ..$ 750.00 each Nylon Brush 12"-14" .$ 850.00 each Nylon Brush 16" and uP" " """$ 1200'00 Videolog - Color Dual Cameta""' per hour ' " "$ 190'00 Engineering Support and Pump Design' " " of 2o/o annually at standard escalation rate Labor Fee Schedule to be adjusted (909) 8s8.3653 CAg24o8. Pho.ne: (909) 888.7706.ax: 241 SouthArrowhead. San Bernardino, License # 744742 365 Monday, June 18, 2018, City Council Meeting lD: Page No. 359 JK ACORD' q rE(u,DqYYIa) \-/ CERTIFICATE OF LIABILITY INSURANCE 12i04r20l7 THIS -GERNFICATE IS TSSUED AS A UATTER OF INFORilANON ONLY AI{O CONFER9 NO RIGHTS UPON THE CERNHCATE HOLDER. ITIIS CERNHCATE DOES NOT AFFIRUAIIVELY OR NEGATIVELY ATIEND, EXTEND OR ALTER THE GOVERAGE AFFORDED BY TTIE POLICIES BELOW. THIS CERIFTCATE OF TNSURANCE DOES NOT CONSnTUTE A COI{TRAGT BETWEEN THE lSSUlt{G !NSURER(S), AT THORIZED REPRESET{TATIVE OR PRODUCER, AI{D THE CERTIFICATE HOLDER. IIIPORTAilT: lf th. c.ilmcetr holder ls an ADDITIONAL II{SURED, the pollcy(ler} muet bc endorrd. lf SUBROGAflON lS WAVED, rubJest to ths tem. and condltlont of the pollcy, certaln pollcles may regulro an endotrement A stabmont on thlr cafficate does not confor rlghts to thc certlfrcate holder ln lleu of ruch endorremen(s). PRODIJcER ctc Sllverctone lnsurance Servlces Jeton & Asroc lnr Svr lnc ffiBenr,90$9804211 9094804785 P.O. Box 1200 (Llc #0G0'4201 Rancho Cucrmongn,, CA 9172$,1200 Brent Jetton, AAl, CIC IIIEI,,RERTSI AFFOROI]IG OOVERAGE XAE I rrpunen e : Ohlo Caeualty lnsurance Co. 24/,74 I]SIJRED Trl County Pump Gompany, lnc. l{sriRER B : Afir€rlcan Flrc and Casualty Co. 2'0060 AYE 241 S Arrryhoad rGrrRER c, RSUI lndemnltY Gompanv a$l4 San Bemardlno, CA 92408 DtslnER o 3 InEurance Gompany of the Weat 278/7 O€I'RERE: !I{3UTER F: rHlS lS TO CERTIFY THAT THE POLICIES OF INSURAI.trE LISTED BELOVV HA\IE ISSUED TO THE INSURED i.IANIED ABOVE FOR THE POLOT INOICATED. NOTWITHSTANDIiIG Al.tY REQUIREMENT, TERM OR @NDITION OF At$/ COI{TRACT OR OTHER DOCUMENT WITH RESPECT TO WHlCfl THIS CERTIFICATE MAY BE ESUED OR MAY PERTAIN, THE IMTURAT.ICE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, B(CLUSIONS AtlD CONDITPNS OF SUCH POLICIES. LlltlTS SHOWN MAY HAVE BEEN REOI. CED BY PAIO CIAIM{I. ADDL SlrBi TYPE OF IiEI'RAIEE txm m FOUCYU,IBER UIITS GEiIERAL I,IABIUTY EACH OCCURRET{CE i 1,000,000 A x COIIIMERCIAL GENERAL LIAEL]TY x BKO5Ga'0597 flomu7 1A0g/2O1E E 500,000 Culir$i/IADE x OOCUR [fEDD(P(Any cre p.,ton) t 5,000 PERSON^L EA[ry I*'URT 3 1,000,000 GIEIErJtrKSEffi 3 2,000,000 Lli/tT PER: PROOT CTS - OOMP/OPA@ 3 2,000,000 x ! auroroE[l r,.naf,.rrY 3 't,000,000 RAA56il40!p7 BOOILY DUUrY (trypsld|) E B x AIWAUTO flngm1t 1AO5i2tt1E ArIOWNED SCHEDULED BOOLY ilrUfY (P.r scd&nt) t AUTOS AUTOS r{oN.ow]{ED 3 HIRED AUTOS AUTOS $ t1,000,000 ureREU Lr a x OC,CUR EACH OCCURRENCE 3 c x EXCESS r.r B clttlrt$tiADE NHA24il920 fl05run7 12t05tat1E ACGREGATE s 4,000,00( DED RETEltlTlON3 3 OTH. WORIGRSOOPEllsAil)l{ x ER AIU'EIPTOYERS IIABIUW Ym 1,000,00( D ANTY PROPRETOR/PARTI{ER'EXECUTN/E wsA50028t90E 12t05/i2017 1A05t2018 E.L. EACH ACCIDENT s OFFtrERATEMBER E)CLUOED? il,A (Lrd.lory ln ilH) E E.L. DISEASE . EA EMPLOYEE 3 1,000,000 f E, doacdbs undsr 1,000,000 DESCRIPT|oN OF OPERATIoNII b3low E.L. DISIEASE. FOLICT LIMT 0 A Rtd/Ld Equlp BKO502'4597 t2ng2017 12t03t201E 31000 Ded 75,000 gclntut DESCRrpnot oF opEnAlrois, loc^noils , YEHET.ES |tfirch AOoRD 101. ArEl0orC ianrtr , lt rm t9rc. b,tqutldl the City of Ia Ve)rtta, itts el.ectad atrd aDDointed officialar- eqllolccs atld/or rgsnt. ire additionai lncur.d! ritrtr re;1le-tg to gq[raral liability pcr aEtaarred cc8810 0U13. c1TlA02 SHOULD ANY OF ITIE ABOVE DESCRIBEO FOLTCIES BE CAT{CELIED BEFORE THE EXPIRAT|oX DATE THEREOF, IIOTICE WLL BE OEUVERED IN ACCORDAI{CE mrH rHE POUCY PROVISpf{s. Clty of La Veme Jerry Mesa AUI}lodZED REPRETEi'fATIVE 3660'D'Stnot LaVeme, CAgl750 !r" #ff , @ 198&2010 ACORD CORPORATION. All dghts r€sorttd. ACORD 25 (2010105) The AGORD name and logo are mglstend marls of AGORD 366 Monday, June 18, 2018, City Council Meeting Page No. 360 COMT'IERCIAL Policy #: BKO56249597 GEN ERAL LIABILITY cG 88 l0 04 t3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUB'ECT PAGE NON.OWNED AIRCRAFT 2 NONOWNED WATERCRAFT 2 PROPERTY DAf,IAGE LIABILITY . ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERTUIIT 3 PRIIUIARY AND NONCONTRIBUTORY - ADOITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS. EXTENDED PROTECTION OF YOUR "LIilIITS OF INSURANCE" 6 WHO IS AN TNSURED - INCIDENTAL MEDTCAL ERRORS'UIALPRACTICE AND WHO IS AN INSURED - 6 FELLOW EMPLOYEE EXTENSION - MANAGEMENT ETIIPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FATLURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERW DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - E WHEN REQUIRED IN A CONTRACT OR AGREEI'IENT WITH YOU @2013 Liberty Mutual lnsurance cG 88 t0 04 13 lncludes copyrighted matsrial of lnsuranca Servlces Offce, lnc.. wilh il8 pormission. Pago I of8 367 Monday, June 18, 2018, City Council Meeting Page No. 361 With respect to coverage afforded by this endorsemer , the provisions of the policy apply unless modlfisd by the endorsement. A. NON.OWNED AIRCRAFT under Paragraph 2, Exclu3lons of ssctlon I - Cov.r.gs A . Bodlly lnlury And Prcpstty D.ma03 Llablllty, exclusion 9. Alrcraft, Auto Or W.t rcraft do63 not apply to an aircraft povided: ,. lt is not owned by any insured; 2, lt is hired, charterEd or loaned with a trainEd paid crew; 3. ThE pitot in command holds e cunently effectlve cerfficate, issued by the duly constitutBd authortty of the United States of America or Canada, designating hEr or him a commercial or aidinE pilot; and 4, lt is nol being used to carry persons or Propeny for a charge. However, the insurancE afforded by this provision does not epply if there is available tc lhe insured other valid and collecliu€ insuranca, whether prlmary, excess (other than insurance writEn to aPply specmcafly in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this pmvision. B. Undsr Paragraph 2. Excluslons of Sectlon I - Coyorags A - Bodlly hjuty And PrcFtty D.mage Liablllty, Subparagraph (2) of exclusion g, Alrcrafr, Auto Or Watercrafr b replaced by the following: This exclusion do€s not apply to: (2) A watercrafi you do not oivn that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE UAEILITY - ELEVATORS L Under Paragraph 2. Erclu3loni of Socgon I - Coverags A - Bodlly lnluty And Propotty Dam.ge Llabllity, Subparagraphs (3), (4) and (6) of exclusion J. Oamage To Prcporty do not aPply it Euch 'propErly damaga' results trom the uss of elBvators. For the purpose of this provigion, Elevators do not include vehicb lms. Vohiclg lins are lifts or hoists used in eutomobile service or repair operations. 2. Ths follotying is added to Srctlon lV - Commsrclal Gonorel Llability Condltiom, Condition 4, Oth.r lnsul.nce, Paragraph b. Erc,o33 ln3urenco: The insurance afiorded by thk proyision of this endorsEmant is excess over any property insurance, whether primary, excess, contingent or on Eny other basis. D. EXTENDED DAMAOE TO PROPERTY RENTED TO YOU (Tenanfs Ptop€rty Osmrge) lf Damage To Premises RentEd To You is not othenflise excluded ftom this Coverage Part: l. UndEr Paragraph 2. Exclusion3 of Sactlon I - Govs6ge A - Bodlly lnjury 8nd Pmporty Damage Llsblllty: a. ThE fourth ftom the last paragraph of exclwion l. Ormage To Property is replacsd by the following: Paragraphs (l), (3) and (4) of ulis exclusion do not apply to "property damage" (olher than damage by firB, lightning, explosion, smoke, or leakage from an automalic fire protection system) to: (0 Pr6mises lented to you for a period of 7 or fewer consecutivo days; or 0D Contents that you rer* or lease as part ot a premiaes rental or lease agrBement for a period of more than 7 days. Paragraphs (t), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rentEd to you for a period of 7 or fewBr consecutive days. A s6parat6 limit of insurancE applios to this coverage as doscribed in Soctlon lll - Llmlts of lnsurancB. O 2Ol3 Libcrly Mutu.l ln3u,.ncs cG 8E 10 04 13 hcludca copyrighEd maledal of hlul.nce Sorvicea Oficr, lnc., wilh ltr psrmiraion Pago 2 of 8 368 Monday, June 18, 2018, City Council Meeting Page No. 362 b. The last paragraph of subsectlon 2. Excluslons is replacEd by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protEction systems to premises whila rent€d lo you or temporarily occuPied by you with permission of the owner. A separate limit of insurance apPlies to Damage To Premisgs RentEd To You as dascribed in Soctlon lll - LlmlE Of lnsurance. 2. Paragraph 6. under Sectlon lll - Llmlt3 Of lnsurance i5 roPlaced by lhe tollorirlng: 6. Subject to Paragraph 5. above, tho Damage To Premises Rented To You Limit is thB most we will pay under coverEga A for damages beceuse of'property damage'to: a. Any one prBmise: (f ) While rented to you: or l2l While rented to you or temporarily occupied by )rou with petmEsion of the ovwrer ,or damage by fire, lightning, gxplosion, smoke or leakage from automatic protection gystemsi or b. Contenls that )rou rent or lease as part of I premises rEntal or lease agrs€ment. 3. As regads coveftUe provided by this provieion D. EXTEa{DED DAMAGE TO PROPERTY RENTED TO YOU (Tenants Property Damlgo) - Paragraph 9.a. of Dsflnttlon3 is replaced with the following: 9.a. A contract br a leaEe of premises. Howsver, that ponion of the contract for a lease of prEmises that indemnifies any psrson or organization for damags by fire, lighrling, explosion, smoke, or leakago from automatic fre protection syctems to premis6s whilB rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premisas that are included in your premises rental or lease agreement, is not an "insured contrace. E. IEDICAL PAYMENTS EXTENSIOT{ tf Coverage C ill.dlc.l PsymenE is not otherwise excluded, the Medical Payrnents provided by this policy are amendcd as follows: Under Paragraph l. lngutlng Agresment of Soctlon I - Covenge C - illedlcel P.yment3, Subparagraph (b) of Parag,aph a. is replaced by the following: The expenges are incurr€d and rePortsd within thr€e yBars of the date of the accidEnt and F. EXTENEIOiI OF SUPPLE IE] TARY PAYi'ENTS - COVERAGES A AND B l. Under Supplomontary PaymenB - Coverag€s A and B, Paragraph l.b. is roplaced by the following b. Up to 33,000 for cost of bail bonds rgquired b€cause of accidenB or traffic law violations ariEing out of th6 use gf any vehicle b which the Bodily lniury Liabiliu Coverage applies. We do not have to fumi8h these bonds. 2. Paragraph l.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suif, including actual logs ot eamings up to 3500 a day because of tims off ftom work. ADDITIONAL INSUREDS . BY CONTRACT, AGREE IEI{T OR PERMIT 1. Paragraph 2. under S€ctlon ll - Who ls An lnsurod is amEndBd to include as an Insured any Peraon or organization whom you havE agreed to add as an edditional insured in a witton contract. written agreement or permit. Such person or organization is an addltlonal insurad but only with respect to liability for "bodily lniuna, 'property damage' or "peEonal and advertising iniurf caused in whole or in part by: r. Your act3 or omissions, or the acts or omi$lons of those acting on your behaf, in the performance of your on going operations for the additional insured that are ths subject of the written contract or wri en agreement provided that the "bodily inju4a or 'prop€rty damage' ocrurs, or the'personal and advertising iniun/ is committed, subsequent to the signing of such lYritten contract or written agreement or O 2013 Ub.ny Mutual ln6uaanco cG 88 t0 04 lt lnclud.s copyrbhted matedal of lnsu,anca Serticaa Offica, lnc., with iE pemigrion. Pags 3 ol I 369 Monday, June 18, 2018, City Council Meeting Page No. 363 b. Pramises or facilities renled by you or uged by you: or c. The maintenance, operation or use by you of equipment rent6d or lgased to you by such p€6on or organization; or d. Operations p€rformed by you or on your behalf for whlch the state or political subdivision has i$ued a permit subiect to the following additional provisions: (f) This insurance do€s not apply to'bodlly inlunf, "proPerty damagC, or'Personal and advBrtising iniun/ arising out of the operations performed for the etate or political subdivisioni l2t This insuranc6 does not apply to 'bodily iniuq/ or'propgrty damagE' included wlthln the 'com pl€ted oporationE hazerd'. (r) lnsuranco applies to prsmlses you own, rent, or control but only with respecl to the following hazards: .) The sxistence, maintenance, rEpair, construction, erection, or removal of advfiising signs, awnings, canoPies, cellar enrances, coal holes, dliveways, manholes, marqueea, hoist away oponings, sidEwalk vaults, street banners, or decorations and similar exposuFBs: or (b) The construction, ereclion, or removal of elsvatoB; or (c) The o rnership, maintenance, or use of any clevators covered by this insurance. However: l. ThE insurance afforded to such additional insured only aPPlies to the extent p€rmitted by law; and 2. lf coverage provlded to the additional insured b required by a confact or agreement, the insurance aftorded io such additional insured will not be broader than that which you are required by the cor ract or agreenrent to provide lbr such additional insured. With respect to Paragraph l.a. above, a p€Bon's or organization's stafus as an additional insursd undor this endorc6ment ends when: (1) Allwork, including matsrlals, parts or Equipment tumlshed in connaction with such work. on the project (other than service' maintenance or repairs) to be performed by or on behatf of the additional insur€d(s) at the locaton ol the covered operations has been completedior l2l That portion of "your work" out of which ths iniury or damage arises has been Pul to its intended use by any peBon or organization other than another contraclor or subconfactor engaged in performing operations for a principal as a part of the game Project' With respect to paragraph l.b. above, a p6rson's or organization's status as an additional insured under lhis endorsement ends when their written contract or written agreement with you for such premises or facilities ends With respects to Paragftrph l.c. above, this insurance does not apply to any "occurence' which takes Plsce after the equipment rental or lease agreement has sxpired or you have r€tumed such equipmer to the lessor. The insurance provided by this endorsement applies only if the written contract or wrltlen agreemsnt i8 signed prior to the "bodily injury'or "property damage". We have no duty to datend an additional insursd under this endoraement until we rscsive writtan noticE of a'suit' by the additionei insured as required in Paragraph b, of Condition 2. Outl6 ln thc Event Of Occumancel Offonae, Clalm Or Sult under S.ctlon lv - Commercial Genor.l Llsblllty condltions' O 2013 Liborty Mutu.l lnsuranoo cG 8a l0 04 t3 lncludos copy.igmsd mat€nal of lnsurance Sorvic$ Ofico, lnc. with lt5 p€rmlBsion. P.go 4 of 8 370 Monday, June 18, 2018, City Council Meeting Page No. 364 2. With respect to the insurance provided by this endorcement, the following are added to Paragraph 2. Excluslons under Section I - Coverage A - Bodily lnlury And Property Damage Liabllity: This insurance does not apply to: a. 'Bodily injury' or'property damage' arising from the sole negligence of the additional insured. b. 'Bodily injury" or'property damage'that occurs prior to you commencing operations at the location where such 'bodily injury' or'property damage'occurs. c. "Bodily inju4/', "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, enginEering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, survey.:s, field orders, change orders or drawings and specifications; or l2l Supervisory, inspection, architectural orengineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occunence' which caused the 'bodily injury" or'property damage', or the offense which caused the'personal and advertlsing injury', involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury' or "property damage" occurring after: (1) All work, including materials, parts or equipment fumished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work' out of which the injury or damage arises has been pul to its intended use by any person or organization other than another contractor or gubcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITTONAL INSURED - OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section lll - Llmlts Of lnsurance: lf coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of fre additional insured is the amount of insurance: a. Required by the contract or agreemen( or b. Available under the applicable Limits of lnsurance shown in the Declarations; whichever is less, This endorsement shall not increase the applicable Limits of lnsurance shown in the Declarations' H. PRIMARY AND NON.CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this Policy. Condition 4. Other lnsurance of SECTION ]V - COiintERClAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to Paragraph a. Prlmary lnsurance: lf an additional insured's policy has an Other lnsurance provision making its policy excess, and you have agreed in a written contrast or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. @ 2013 Liberty Mutual lnsurance cG 88 r0 04 13 hcludes copyright€d material of lnsurance Services OfFce' hc., with its permission. Page 5 of 8 371 Monday, June 18, 2018, City Council Meeting Page No. 365 b. The following is added to Paragraph b. Excess lngurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an eguipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this lnsurance is excess over any other insurance for which the additional insured is designated as a Named lnsured. Regardless of tho written agroement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. t. ADDITIONAL INSUREDS. EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Dutiee ln The Event Of Occurence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: Give written notice of an "occunence" or an offense that may result in a claim or "suif under this insurance to us; b. Tender the defense and indemnity of any claim or "suit'to all insurers whom also have insurance available to the additional insured: and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemniff an additional insured under this endorsement until we receive written notice of a "suifl by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or wriften agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section lll - Limits of lnsurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J WHO IS AN INSURED.INCIDENTAL MEDICAL ERRORS ilIALPRACTICE WHO IS AN INSURED. FELLOW EITIPLOYEE EXTENSION' . MANAGEMENT EMPLOYEES Paragraph Z.a.(l) of Section ll . Who ls An lnsured is replaced with the following: (1) "Bodily injury" or "personal and advertising iniury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business: (b) To the spouse, chrld, parent, brother or sister of that co-"employee" or "volunteer worke/' as a conseguence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing professional health care personnel to others, or if coverage for providing professional health care seryices is not othenrise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. @ 2013 Liberty Mutual lnsurance cG 88 r0 04 13 lncludes copyrighted malerial of lnsurance Services Offlce, lnc., with its permigsion. Page 6 of 8 372 Monday, June 18, 2018, City Council Meeting Page No. 366 Paragraphs (6) and (b) abovo do not apply to'bodlly injury' or'personal and advertising injury' caused by an 'employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein mean8 the 'emplo!re6's' job responsibilities assigned by !,ou, lncludes the direct supervlsion of other 'emplot€es" of touB. Horvever, none of these 'employees' are insureds for 'bodily injury' or "personal and advertising injunf arising out of their willtul conduct, which is detined as the purposetul or willful intent to cause'bodily iniury" or "personal and advertising injury', or caused in whole or in part by their intoxication by liquor or conlrolled substances. The covorage provided by provision J. is excess over any other valid and collectable insurancg available to your 'employee'. K. I{EWLY FORMED OR ADDITIOIIALLY ACOUIRED ENTITIES Paragraph 3. of Section ll - Who E An lnsuted is replaced by the following: 3, Any organization you newly acquire or form and over which tou maintain oivnership or maion'ty interest, will qualiry as a Named lnsur€d if ther€ is no othEr similar insurance available to that organization. Howover: a. Coverage under this provision is afiorded only until the expiration ot tha pollcy period in which the entity was acquired or formed by you; b, Coverage A does not apply to "bodily injuDI or "property damago" that occuned bebre rcu acquired or formed the organization: and c, Coverage B does not apply to "personal and advertising injury'' arising out of an ofrcnse committed before you acquired or formed the organization. d. Rgcords end descdptlons of operations must b€ maintainEd by the first Named lnsured. No person or organization is an insurod with resp€ct to the conduct of 6ny cunent or past partnership, joint venture or limited liability company that is nol shor n as a Named lnsured in the Declarations or qualities as an insured under this provision. L. FAILURE TO DISCLOSE }IAZARDS AI{D PRIOR OCCURRENCES Under Soctlon lV - Commerclal Goneral Llablllty Condltlons, th6 followlng is added to Condition 6, Your failure to disclos€ all hazards or prior "occunencesr sxisting as of the inception date of tho policy shall not prejudice the coverage afforded by this policy provided Euch failure to disclosc all hazards or prior 'occurences' is not intentional. m KNOWLEDGE OF OCCURRENCE, OFFENSE, CljIM OR SUIT Under Section lV - Comm€;ci.l Goner?l Llablllty Condltlons, the following ls added to Condition 2. Dutl€6 ln The Evsnt of Occur€ncq Ofiense, Claam Or Suit: Knowledge of an'occurnence', offense, claim or'suil' by 6n agent, servant or'Employee' of any insured shall not in itself constitute knowledge ofthe insured unless an insured listed under Paragraph l. of S€ction ll - Who ]s An lnsuBd or a person who haa bcen designated by them to receive reports of 'occunences', ofien8e6, claims or'8uits' shall havs received such notice from the agent, servant or 'employee'. N. LIBERALIZATION CLAUSE tf we revise this Commercial General Liability ExEnsion Endorsement lo provide more covEftUe without additional premium charge, your policy will arrtomatically provlde the coverage as of the day thE revision is effeclive in your stet6, O. BODILY II{JURY REDEFINED Undar Sectlon V - Deffnitions, Definition 3. is replaced by the following: 3. "Bodily lnjuq/ means physical injury, sicknegs or disease susteined by a percon. This includEs mental anguish, mental injury, shock, fright or doath that results from such physical iniury, sickness or disease. O 2013 Llberv Mutual hruranc€ cG 88 l0 04 13 lnclud$ copyrthtcd materlal of haulance Sarvicerr Orllca, lnc.. wilh il8 pertrli38ion Pago 7 of 8 373 Monday, June 18, 2018, City Council Meeting Page No. 367 P EXTENDED PROPERTY DAMAGE Exctuston a. of COVERAGE A. BODILY INJURY AND PROPERTY DAIIIAGE LIABILITY is replaced by the following: a. Expected Or lntended lnlury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injuqy'' or'property damage' resulting from the use of reasonable force to protect persons or property. o. WAIVER OF TRANSFER OF RTGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REOUIRED IN A CONTRACT OR AGREEMENT WTH YOU Under Sectlon lV - Commerciat General Llablllty Condltlons, the following is added to Condition 8. Transfer Of Rlghts Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organizauon because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard'provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organizaUon; and 2- The injury or damage occurs subsequent to the execution of the written contract or written agreement. @ 2013 Liberty Mutual lnsurance cG 88 10 04 13 lncludcs copyrightod material of lnsuranco Selvices Office, hc., with its permission. Page E of 8 374 Monday, June 18, 2018, City Council Meeting Page No. 368 This page left intentionally blank 375 Monday, June 18, 2018, City Council Meeting Page No. 369 AGREEMENT FOR PROCESSING OF ADMINISTRATIVE CITATIONS This Agreement is entered into by and between Turbo Data Systems, lnc. (TDS), a California Corporation, and the CiU of [a Verne, (hereinafter "Customer"). Whereas, TDS and the Customer desire to enter into an agreement whereby TDS will process administrative citations and booking fees for the Customer pursuant to the terms and conditions set forth herein. ln consideration of the mutual covenants, conditions, representations and warranties contained herein the parties hereby agree as follows: 1. PURPOSE. The purpose of this Agreement is for TDS to process administrative citations and booking fees forthe Customer in a timely manner. 2. SCOPE OF SERVICES. When and as directed by the Customer, TDS shall perform the services listed in Scope of Services - Exhibit "A". 3. TERM. This agreement shall become effective for a period of five years, with annual renewals at the end of the initialterm, starting Jut r' 1 , 2018 4. CONSIDERAION. ln consideration for services performed by TDS as provided in this agreement, Customer shall pay TDS pursuant to the terms set forth in Exhibit "8" which is attached hereto and incorporated herein by this reference. 5. PAYMENT OF FEES. Charges determined on the basis set forth in Exhibit "A" shall be billed on a monthly basis in arrears and payment therefore shall be made within fifteen (15) days after submission of each separate invoice. 6. ACCOUNTING RECORDS. Records of the citations processed by TDS shall be available for examination by the Customer or its authorized representative(s) at a time agreeable to the Customer and TDS within one week following a request by the Customer to examine such records. Failure by TDS to permit such examination within one (1) week of a request shall permit the Customer to withhold al! further payments until such examination is completed unless the Customer in writing authorizes an extension of time for examination. 7. TIME OF PERFORMANCE. Time is of the essence, and TDS shall perform the services required by this agreement in an expeditious and timely manner so as not to unreasonably delay the purpose of this agreement as set forth in Sections 1 and 2. 8. INDEPENDENT CONTRACIOR. At all times during the term of this agreement, TDS shall be an independent contractor and shall not be an employee of the Customer. The Customer shall have the right to control TDS only insofar as the results of TDS's services rendered pursuant to this agreemenq however, Customer shall not have the right to control the means by which TDS accomplishes the services rendered puRuant to this agreement. 1 376 Monday, June 18, 2018, City Council Meeting Page No. 370 AGREEMEIIIT FOR PROCESSING OF ADMINISTRANVE C]TATIONS 9. TDs shall, at its own cost and expense, pro\ride all facilities and equipment that may be required for performanoe ofthe services required bV this agreement. 10' TDs agrees to defend, indemnify, hold free and harmless the city, its elected officials, officers, aBents and employees, at contracto/s sole expense, from and against any and all claimt actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the contractor, its employees, and/or authorized subcontractors, of the work undertaken puBuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the contractor, fu employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability aBainst the City, its elected officlals, officers, agents and employees based upon the work performed by the contractor, its employees, and/or authorized subcontractoB under this Agreement, whether or not the contractor, its employees, and/or authorized subcontractors are specifically named or otheMise asserted to be liable. Notwithstanding the foregoing the contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the CiVs specifications or contracto/s proposal, which shall be of no force and effect. 11. INDEMNIFICATION BY CUSIOMER. TDS shall use due care in processing work of the Customer. Any erroB shall be corrected by TDS at no additional charge to the Customer. TDS shall be entitled to reimbursement from the Customer for any expenses incurred by TDS for the correction of any errcneous information pro\rided by the Customer and TDS shall not be responsible for Customers' losses and expenses resuhing from erroneous source materials provided by the Customer. Neither party shall be liable to the other for any lndirect or consequential losses or damages resulting from any errors within the scope of this Section 11. 12. FAIR EMPLOYMENT PRACflCES/EQUAL OPPORTUNITY ACIS. tn the performance of this agreemen! TDS shall comply with all applicable provisions of the California Fair Employment Practices Act (California Labor Code Sections (410 et seq.) and the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 20Oe 217), whichever is more restrictive. 13. AGENCY. Except as Customer may specify ln writing TDS shall have no authority, expressed or implied, to act on behalf of the Customer in any capacity whatsoever as an agent. TDS shall have no authority, expressed or implied, pursuant to thls agreement to bind Customer to any obligation whatsoever. 14. CHANGES lN LAW. Should there be any changes in the law applicable to the processing of administrative citations which would require material changes in the method of the processing as contemplated in this agreement, or materially reduce or eliminate the amount of revenue received by the Customer from administrative citations, this agreement shall terminate on the date such law becomes effecttue, provided either party gives sixty (50) days' notice oftermination. 2 377 Monday, June 18, 2018, City Council Meeting Page No. 371 Til IE 15. OWNERSHIP OF SOFTWARE. Customer acknowledges that the software and software programs -propertyused by the Customer or used for the Custome/s benefil which were dweloped by TDS are the sote of TDs and the customer obtains no right or interest in the software by virtue of this agreement. 15. OWNERSHIP OF DOCUMENTS. All citations; reports; electronic storage media; and other documents, including copies and rcproductions assembled or prepared by TDS or TDS;agents, offtcers, or employees in connection with this Agreement, including any and all copyright interest therein, shall be the pioperty ot the customer and shall be delivered to the customer upon either the completion or terminaiion of this Agreement. Copies of said dodments may not be retained by TDS, and shall not be made available by TDS to any individual or organization without the prior written approval of Customer, except as required by law. TDS or TDSs agenB shall execute such documenb as may be necessary from time to time to confirm Custome/s owneEhip ofthe copyright ofsuch documents. 17. FoRcE MNEURE. Neither party shall be responslble for delays or failure in performance resulting from acts beyond the control of such panies. Such acts shall includg but are not limited tq Aas of God, sirikes, riots, acts of war, epidemics, fire, communication line failure, earthquakes or other disasters. 18. TERMINATIoN. Thls agreement may be terminated by either party upon ninety (90) days written notice. At such time, TDs agrees to provide customer, in computer readable form, a copy of ali data files to service its citations. 19. NOICE. whenarer it shall be necessary for either party to serve notice on the other respecting this agreement, such notlce shall be served by certified mail addressed to: TDS: Turbo Data Systems, lnc. 18302 lrvine Blvd, Suite 200 Tustin, Glifornia 92780 Roberta J. Rosen, President CUSTOMER: City of La Verne Police Department 2061 3rd Street La Verne CA 91750 unless and until different addresses may be furnished in writing by either party to the other, and such notice shall be deemed to have been served within seventy-two (721 houB after the same has been deposited ln the United States Post Office by certified mail. This shall be valid and sufficient service of notice for all purposes. 20. EXIENT OF AGREEMENT. This agreement represents the entire and integrated agreement between customer and TDS and supersedes any and all prior negotiations, repr€sentations or agreements, either written or oral. This agreement may be amended only by written instrument signed by both Customer and TDs. This agreement may only be assigned with the express written consent of each of the parties hereto. ln the event that any provision hereof is deemed to be illegal or unenforceable, such a deteimination shall not affect the validity or enforceability of the remaining provisions hereof, all of which remain in full force and effect. 3 378 Monday, June 18, 2018, City Council Meeting Page No. 372 OF ADMIIIIISTRATIVE C]TATIONS 21. LITIGATION COSTS. lf any legal action or any other proceeding is brought to enforce the terms ofthis agreement, or because of an alleged dispute, breach, or misrepresentation in the connection with any of the provisions of this a8reement, the successftrl or prevailing party or parties shall be entitled to recover their reasonable attomeys'fees and other costs incurred in that action or proceeding including the costs of appeal in addition to any other reliefto which it or they may be entitled. 22. EFFECTIVE DATE OF THIS AGREEMENT. This agreement, made in duplicate, shall be effective from and after June L 2018. Executed on this _ day of CITY OF TA VERNE, CAUFORNIA Don Kandrick, Mayor TURBO DATA SYSIEMS, INC Roberta J. Rosen President Approved as to form: By: Bob Kress City Attorney ATTEST Lupe Estrella, Assistant City Clerk 4 379 Monday, June 18, 2018, City Council Meeting Page No. 373 OF SCOPE OF SERVICES TDS shall perform the following services in processing all administrative citations: Delhrery A. Service - Manual citations will be mailed or scanned to TDS by Customer at their own expense' TDS provided reports will be online. TDS will return any required documents via US Mail. Data Elrtry B. ' Administratlve Citations wlll be scanned and fonryarded to TDs. When received, the citations will be entered into the Administrative Citation database. payment processint c. collectlon and - TDS will provide the following collection and payment processing services for Customer: . Provide p. O. Box where payments are mailed o Courier pickup from p. O. Box daily . Open all mall . Veriry payment amounts and record on system within 2 business days (4g hours) . Return questionable mail to Customer for decision . Scan and deposit mailed in check to Customer bank account . Verify amounts deposited, by citation number . Provide reports D' Web Payment - payment system by crcdit card - Through the pticket.com web site, we accept credit card payments via visa, MasteaCard and Discover. The system authorizes each transaction while the customer is online. customers are given an email confirmation to confirm their charge. The pticket.com web payment system automatically updates the citation database with the payment immediately. Credit Card monies are paid to a Turbo Data systems bank account and are reconciled monthly. Each customer receives their own credit card postlog which shows in detail which citations were paid and for what amoun! alon8 with the deposit slip from the bank or the ACH deposit email showing that these funds have been deposited into the customer,s account. Should there be any charge back to the merchant account, the funds are pulled directly from the Turbo Data master account and the cltation will be reactivated, much like a bounced check. The responsible party will be sent a notice and continue through the collection process. TDs will provide all services reBarding reconciliation, reactivation of charge back, etc. customer will not be invohed in the daily processlng. E' onllne lnquiry Acc6s 60r - customerc stafr TicketPRoweb Access includes online access 24 hours a day, 7 days a week for Agency personnel to inquire on Custome/s database, This access includes 5 380 Monday, June 18, 2018, City Council Meeting Page No. 374 OF ADM INISTRATIVE C]IATIONS citation inquiry (includes citation status, history status, administrative adjudication status, notes, etc.l, the ability enter to and view notes, post dismissars/payments, view daily deposits made at TDs'facility and view daily file transfer sent from the handheld ticket writer software and received at TDS' facility. TDS, technical staff will provide support. Notice Malllng - F' Unpaid accounts will be mailed a reminder notice. The notice will demand payment for the uncollected amount and prwide information on payment options including addresses and methods of payments. Delinquent dates and amounts will be pmvided on the notices. A Final Notice will be mailed after the delinquent penalty is applied. G. Addltional Notlces -TDs wi[ mair other co*espondence as required for processing. H. |cs Coll€ction servlce - speciat collecdons - citations remaining outstanding ninety days after becoming dellnquen! and any other citations deemed as delinquent citations by customer are transferred into the lcs system on a weekly basis. Up to two collection letters will be mailed for each rcs account requesting payment. payments are processed dairy and deposited to the Custome/s regular citation processing bank account. The TDS Customer Service C.enter will handle all lcs related calls through a special toll-free number dedicated to lcs accounts. Monthly reporting shows allaccounts moved to the rcs system and a[ payments received due to rcs efforts. l' Franchlse Tax Board offset Program - TDS will combine citations by responslble party for total amount due, eliminate corporate names, retrieve SSN,S by name from a 3rd party, combine accounts by ssN, mair required FTB retters in advance of pracing accounts at FT8, process payments generated by the FTB process, recerve phone calrs generated by the FTB process, provide a systems and operationar procedures required for the FTB process, and provide comprete reporting and reconciliation for the FTB process. customer wifi be required to comprete required FTB paperwork and forms (with TDs' assistance), establish a swrFT account with the FTB, and provide whatever assistance may be required to work with the FTB regardin8 the FTB process. J. system and Document storage - citations wifi be retained on the computer system for 5 years and then removed. citation documents will be stored for 2 years from date of issue and then returned to customer or shredded. payment documents will be stored for 2 years from the date of payment and then returned to Customer or shredded. K Bank Account Management - TDS wifl open a trust account in the name of the Agency to receive parking deposits for all parking citation monies. TDs will handle any NSF checks from this account 6 381 Monday, June 18, 2018, City Council Meeting Page No. 375 AGREEMENT rcR PROCESSING OF ADMINISTRATIVE C]IATIONS CONSIDERANON 1. BASIC PROCESSING SERV|CES..,.... -_.-..__.-_$S.OO per cirarion Monthly Minimum ln Baslc Processing S€rvice Fees...... --____--....,..S1S0.00 processing . ln any month, ff the Basic se hes fees are less than s15o a fee will be added to bring the minimum monthly charEe to S15O oNE-nME STARTUP COST FOR PROCESS|NG,...... ,...,...... waived . lncludes: citation evaluation, database creation, loading officer names/badge numbers into database, loading violation codes into database, loading customized delinquent notice verbiage into database, Client training regarding TDy processes. This seMce includes: . Online entry of manualcitations o Online entry of violator name and address . Online update of payment/disposition information . Payment processing for all payments received by mail ONIINE MONTHTY REPORTING . Detail and Summary reporting is provided each month BANK DEPOSITS (One of th.ee optionsl . 1. Deposlt funds into City account already used by TDS for parking Citation payment deposits ' 2. Bank deposits as required into CiVs account with via remote check scanning/depositing provided to TDS by Cigs bank. . 3. lf option 1 or 2 not possible with City's bank, City will adopt TDS Bank Management service. See following service listings for details RIER SERVICE o Daily pick up of mail at a P O Box established by TDS . All other correspondence will be scanned or mailed to and from TDs at sende/s expense ONUNE INQUIRY ACCESS FOR THE PUBUC . lnternet access 24, that allows the public to view the status of their outstanding citations . lnformation on; payment options, administrative citation process . All notificatlon dates, delinquent dates, late fees, violation descrlptions and total amount due for each citatlon. I 382 Monday, June 18, 2018, City Council Meeting Page No. 376 AGREEMENT FOR PROCESSING OF ADMI N | TRATIVE C]TATIONS 2. NorlcE PRocEssrt{G sERvrcEs..,.. ..,...... ,. g1.00 per norice mafled lncludes FlRt Ctcss pottoge . Forms, printing and First Class mailing of notices o Customized verbiage for payment and contesting instructions by City/Agency n A Gty/Agency phone number will be included on all notices and letteB mailed as a part ofthis program. 4. OllUlVE+ ACCESS TO ADMTN CITAT|ON DATABASE ...... tnctuded . Secure lnternet based access to your database. . Customer provides all necessary hardware (pC with lnternet access) . TDs provide will customers' lr personnelwith assistance as needed for initial setup and configuration, required software and ongoing support. 5. INTERNET CREDIT CARD PROCESSINC a (minimuml 54 Fee or 4% ol amount paid, whichever is to be paid by Violator a Customized notices with the Visa/Mastercard/Discover logo Violator ability to pay via credit card 24 hours per day, 7 days a week lmmediate approval and updating of payment information to the client,s database 5. tN - Any notlces mailed as a part ofthis service (lCS) are at no cost to the City. 7. FRANCHISE TAX EOARD COUECT|ON SERVICES,...,....., ,.,.,..:t0t6 of amounr co ected a Any notices mailed as a part ofthis service (FTB) are at no cost to the City. 8. TDS BANK ...... $75 per month plus bank fees/charges Bank Deposit Option 3 a Process all parklng deposits into a separate account setup for Agency a Handle any NSF check Write a check to TDS for services rendered a Process any required Refund checks a Reconcile the account monthly a Provide monthly reconciliation of all activities in the account Write a check to Agency monthly for the balance of the funds a $5.00 fee per refund check and NSF 9. COST INCREASES :l Postal Rete lncrcase offset: rf postal rates increase during the term ofthis agreement, any per notice fee paid to TDs shall be raised immediately to offset the effect ofthe postal rate inirlase . CPI lncrcase: TDy compensation shall be subject to an annual adjustment based on the Cpl (Urban Wage). 9 383 Monday, June 18, 2018, City Council Meeting Page No. 377 THIS AGREEMENT is made as of the 1st day of July, 2018, by and between the CITY OF tA VERNE, a California municipal corporation, and WALLIN, KRESS, REISMAN & KRANITZ, LLP a limited liability partnership engaged in the practice of law. The City wishes to engage the services of WALLIN, KRESS, REISMAN & KRANITZ as general counsel on the terms set forth below. 1. Basic Services. WALLIN, KRESS, REISMAN & KRANITZ shall perform such legal services as may be required from time to time by the Clry and its officers. Robert L. Kress, a partner in the firm of WALLIN, KRESS, REISMAN & 2. Soecial Services. WALLIN, KRESS, REISMAN & KRANITZ shall represent the CITY in civil litigation and shall appear on behalf of the CITY before administrative and regulatory agencies as directed by the City Council or City Manager. WALLIN, KRESS, REISMAN & KRANITZ shall not represent the CITY in any civil litigation in which WALLIN, KRESS, REISMAN & KRANITZ has a conflict of interest. 3. Time of Performance. The services of WALLIN, KRESS, REISMAN & KRANITZ shall be performed expeditiously in light of the purposes of this agreement. 4. Compensation. (a) The CITY shall pay WALLIN, KRESS, REISMAN & KRANITZ general services retainer of Seven Thousand Eight Hundred Dollars ($ ,800.00), in compensation for general services of a continuing nature such as the review of documents, preparation of routine resolutions ordinances and contrac'ts, ons with staff, attendance at staff City Manager), and attendance at regular 1 384 Monday, June 18, 2018, City Council Meeting Page No. 378 (b) The CITY shall pay WALLIN, S & r work aftributable to the nce at Plann Department work, at the h and One Hundred Forty Dollars AI to the (d) For work on projects and projects chargeable to Proposition A or C Local Return Funds, the Water Fund or the Low and Moderate lncome Housing Fund, the CITY shall pay WALLIN, KRESS, REISMAN & KRANITZ at the hourly rate of Two Hundred Seventy Five Dollars ($275.00) for partners and One Hundred Sixty Five Dollars ($165.00) for senior associates. For bond work, payable out of bond proceeds, the CITY shall pay WALLIN, KRESS, REISMAN & KRANITZ at the hourly rate of Three Hundred Fifty Dollars ($350.00) for partners. those the retainer. The CITY shall review WALLIN, KRESS, REI & KRANITZ'S monthly statements and pay WALLIN, KRESS, REISMAN & KRANITZ for services rendered and costs incurred, as provided for in this agreement on a monthly basis. 2 385 Monday, June 18, 2018, City Council Meeting Page No. 379 5. Members of WALLIN, KRESS, REISMAN ITZ who are engaged in services under this agreement will be deemed officers of the C , and the City will indemn ifo and defend them against any third against them for actions taken in the couse and scope of their 6. . This agreement and legal services to II er at any time upon thirty days' written notice from either party without cause. ln the event of such termination, WALLIN, KRESS, REISMAN & KRANITZ shall be paid for all work completed before termination. 7. This agreement is subject to renewal by mutua agreement pa es. modification to this Agreement or changes in fee structures or compensation must be proposed in writing by no later than March 15,2019. lN WTNESS WHEREOF, the CITY and WALLIN, KRESS, REISMAN & KRANITZ have executed this agreement as of the date first written above. CITY OF LAVERNE By: Don Kendrick, Mayor WALLIN, KRESS, REISMAN & KRANITZ, LLP By ATTEST: Assistant City Clerk 3 386 Monday, June 18, 2018, City Council Meeting Page No. 380 This page left intentionally blank 387 Monday, June 18, 2018, City Council Meeting Page No. 381 Agenda Report CITY OF LA VERNE City Manager's Office, Finance Division DATE: June 18,2018 TO: Honorable Mayor and City Council FROM: Nathan Statham, Acting Finance Director /s SUBJECT Adoption of the 2018119 Budget AGENDA SUMMARY A proposed budget was submitted and discussed at a Budget Study Session held just prior to this Council meeting. At that study session, the City Manager and each of the department heads presented their respective sections of the budget document for Council discussion and consideration. Adopting Resolution No. 18-36 will officially adopt the 2018-19 budget. RECOMMENDATION Staff recommended that the City Council adopt Resolution No. 18-36 adopting a budget for the 2018-19 fiscal year. 388 Monday, June 18, 2018, City Council Meeting Page No. 382 RESOLUTION NO. 18.36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING A BUDGET FOR THE 2018.19 FISCAL YEAR WHEREAS, the City Manager submitted a proposed budget for the 2018-19 fiscal year; and WHEREAS, on June 18,2018, the City Council held a study session on the proposed budget and made revisions thereto; and WHEREAS, the City Council did tentatively adopt said proposed budget. NOW; THEREFORE, BE lT RESOLVED by the City Council of the City of La Verne as follows: Section 1. That revised figures prepared and submitted for the 2018-19 budget be and the same are hereby, in allthings, approved and appropriated and any necessary transfers between accounts and funds is hereby authorized, approved, and appropriated. Section 2. That the budget proposed by the City Manager for the fiscal year commencing on July 1,2018, as revised by the City Council, be and the same, with proposed net City expenditures totaling $57,710,268.00 is hereby approved, adopted and appropriated. Section 3. That the Mayor shall sign and the Assistant City Clerk shall certify to the passage and adoption of this Resolution and thereupon the same shall take effect and be in force. PASSED, APPROVED AND ADOPTED this 18th day of June, 2018. Mayor Don Kendrick ATTEST: Lupe Gaeta Estrella CMC, Assistant City Clerk I hereby certify that the foregoing Resolution No. 18-36 was duly and regularly adopted by the City Councit oi the City of ti Veine at a meeting thereof held on the 18th day of June, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN Lupe Gaeta Estrella, CMC Assistant City Clerk 389 Monday, June 18, 2018, City Council Meeting Page No. 383 Agenda Repo CIry OF LAVERNE Department of City Manager, Finance Division DATE: June 18, 2018 TO: Mayor and City Council FROM: Nathan Statham, Acting Finance Direct,or SUBJECT: Hearing to Determine Necessity of Utility User's Tax AGENDA SUMMARY The provisions of Ordinance No. 955, require an annual hearing to determine whether it is necessary to continue the City's Utility User's Tax (UUT). The proposed 2018119 budget contemplates utilizing all of the estimated $ 2,850,000 in UUT revenue in an effort to have a balanced budget. LI=N Based upon fiscal policies previously established, staff recommends that the City Council maintain the City's UUT at their current voter approved rates. i"l n The citizens of La Verne approved " Measure S " in the March 1999 general election along with a rate change in March 2005. The 1999 ballot measure repealed the City- Wide Assessment District charge and established a user's tax rate of 4 o/o as well as a reduced rale of 2 % on certain groups. The 2005 ballot measure adjusted the rate (effective July 1,2005) to 6 % on electricity, gas, and telephone utilities and a reduced rate of 3 % applicable to senior housing complexes, mobilehome parks, churches, private schools and non-profit organizations that are exempt under IRS section 501(c)3. The 2012 ballot measure lowered the existing 6% telephone utilities rate lo 5.75o/o ln accordance with the provisions of Ordinance No. 955 (as amended by Ordinance No 974 and 1031), an annual hearing has been scheduled to determine whether the City's Utility User's Tax (UUT) continues to be necessary. The City Manager's proposed budget for 2018119 contemplates utilizing all of the estimated $ 2,850,000 in UUT in an effort to have a balanc,ed General Fund budget. Accordingly, staff recommends that the City Council maintain the City's UUT at their current voter approved rates. 390 Monday, June 18, 2018, City Council Meeting Page No. 384 This page left intentionally blank 391 Monday, June 18, 2018, City Council Meeting Page No. 385 ! o CITY OF LA VERNE DATE: June 18, 20'18 TO Honorable Mayor and City Council FROM: Eric Scherer, AICP, Community Development Director SUBJECT: Annual Report and Public'Protest" Hearing- Old Town La Verne Business lmprovement District This annual public "protest' hearing is required in-order to comply with State Law, the Municipal Code, and By-Laws relative to the Old Town La Verne Business lmprovement District (OTLVBID). The City Council is requested to consider: '1) Following conduct of the annual "protest' hearing, to receive and file a report of the OTLVBID prior year activities; and 2) Approval of the proposed OTLVBID 2018-20'19 Annual Budget, and incorporate it into the overall City Budget; and 3) Approve re-establishment of the District boundaries and assessment formula; and 4) Authorize the OTLVBID's proposed expenditure of $5,000 to be presented to Sowing Seeds for Life as the non-profit selected to receive the financial contribution from the Wine Walk event. l,Il=N Staff recommends, following conduct of the annual 'protest' hearing, the City Council adopt the attached Resolution No.18-37 to approve the OTLVBID Annual Report and effectively: 'l) Receive and file a report of the OTLVBID prior year activities; and 2) Approve the proposed OTLVBID 2018-2019 Annual Budget; and 3) Approve re-establishment of the District boundaries and assessment formula; and 4) Authorize the expenditure of $5,000 to Sowing Seeds for Life from the proceeds of the Wine Walk event. ln April of 1986, the City Council adopted Ordinance No. 720, establishing a Business lmprovement District for downtown La Verne. ln January of 1987, the City Council adopted Ordinance No. 733, establishing an Advisory Board for the Downtown La Verne Business lmprovement District. ln June 2002lhe City Council approved changes to the District's bylaws, and subsequent ordinance amendments, to rename the District to the Old Town La Verne Business lmprovement District, and to make other needed changes. Since formation of the District, it has been the practice of the Advisory Board to submit an Annual Report that includes: 392 Monday, June 18, 2018, City Council Meeting Page No. 386 . An overview of prior year activities. . A proposed budget for the upcoming fiscal year. . A re-establishment of District boundaries and assessment formula in compliance with the Parking and lmprovement Area Law of 1989. Notable changes between last year and the coming year are: o The Farmers Market contracl was not renewed at the end ot 2017, effectively ending La Verne's Farmers Market for the time being. n A new contract will need to be entered for the promotion and management of both Cruzin' La Verne and the Cool Cruise car shows as the contract with Greenleaf Productions has expired. o ln September of 2018, the District will host the inaugural 'La Verne on Tap" Beer Walk event in Old Town, closely modeled after the successful Wine Walk Event. o This year's budget includes added expenditures for the re-vamped Holiday Stroll Event, something that had not been planned for when last year's Annual Report and budget was presented to the Council. The Annual Report is submitted for City Council consideration and approval. The City Council adopted a resolution at its meeting of June 4, 2018 declaring its intention to approve the Annual Report and setting this public hearing on the mafter. Attached is the District's Annual Report and Budget. While the report and budget status is very positive, this hearing is certainly the appropriate time to receive any comments or concerns from Old Town businesses, the public, or the City Council. Staff and representatives are prepared to respond. Further, the Board continues to encourage participation and communication from District members, whether at their monthly meetings or at the member's convenience. As in past years, the District is proposing to make a financial contribution to a local non-profit or agency with proceeds from the Wine Walk event. This year's event has provided the same opportunity, and Sowing Seeds for Life was selected as the recipient. Chairperson Craig Walters and other Board Members would like to present a check for $5,000 to local food bank Sowing Seeds for Life at the Council meeting. Per the bylaws of the District any expenditure of $5,000 or more also requires City Council Approval. Staff is recommending that the Council authorize the District to make a contribution of $5,000 to the local non-profit Sowing Seeds for Life. 393 Monday, June 18, 2018, City Council Meeting Page No. 387 RESOLUTION 18-37 A RESOLUTION OF'THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY oF LOS ANGELES, STATE OF CALIFORNIA, OVERRULING PROTESTS AND APPROVING THE ANNUAL REPORT OF THE OLD TOWN LA VERNE BUSINESS IMPROVEMENT DISTRICT FOR 2018.2019 PURSUANT TO THE PROVISIONS OF SECTION 36500 ET SEQ. OF THE STREETS AND HTGHWAYS CODE OF THE STATE OF CALIFORNIA AND AUTHORTZING THE EXPENDITURE OF $5,000 FOR A CHARITABLE CONTIBUTION TO SOWING SEEDS FOR LIFE WITH PROCEEDS FROM THE WINE WALK EVENT WHEREAS, the City Council has formed a Business Improvement District, by adoption of Ordinance No. 720 on April2l, 1986, pursuant to the provisions of Section 36500 et seq. of the Streets and Highways Code of the State of Califomia and including subsequent amendments, to be known and designated as the OLD TOWN LA VERNE BUSINESS IMPROVEMENT DISTRICT (hereinafter referred to as the "District"); and WHEREAS, the Council did on the 4th day of June,2018, adopt a Resolution declaring its intention to approve the Annual Report of the "District" for a period beginning July 1, 2018, and ending June 30, 2019; and WHEREAS, said Resolution did fix the time and place for a hearing of any and all protests in relation to said proposed Annual report; and WHEREAS, all interested persons were given full opportunity to present their protests or objections; and WHEREAS, evidence has been received as to the publication and posting of notice of said hearing in the time, form, and manner required by law; and WHEREAS, as a result of another successful Wine Walk event, the board wishes to make a charitable contribution to the local non-profit food bank Sowing Seeds for Life of $5,000 as currently budgeted for in fiscal year 2017-2018; and WHEREAS, per the bylaws of the District, the City Council is required to authorize any budgeted expenditure of the District that is over $5,000; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of La Veme as follows: Section l. The City Council, after due consideration of all such objections and protests, determines that there was no majority protest within the meaning of Section 36500 et seq. of the Streets and Highways Code, does hereby ovemrle and deny any such objections and protests to the Annual Report of said "District" and to the proposed assessment therefore, and does hereby confirm and adopt as a whole, unmodified, the assessment and Annual Report. 394 Monday, June 18, 2018, City Council Meeting Page No. 388 Section 2. Thatthe public interest and convenience demands and requires and the City Council does hereby order the said contemplated services to be performed in accordance with the Annual Report therefore, adopted and approved, and the City Council does hereby levy and said proposed assessment is hereby made to cover the costs and expenses of said services upon the respective businesses in said "District" and as fixed by the report and assessment heretofore filed in the Office of the City Clerk. Section 3. That per the bylaws of the District, the City Council authorizes the District's budgeted expenditure of $5,000 to the local non-profit food bank Sowing Seeds for Life with proceeds from the 2018 A Sip of La Veme Wine Walk event. The Mayor shall sign and the City Clerk shall certiff to the passage and adoption of this Resolution and thereupon the same shall take effect and be in force. APPROVED AND ADOPTED this l8th day of June,2018. Mayor of the City of La Verne ATTEST: City Clerk RESO. NO. l8-37 2 395 Monday, June 18, 2018, City Council Meeting Page No. 389 ATTACHMENT A ANNUAL REPORT OF THE OLD TOWN LA VERNE BUSINESS IMPROVEMENT DISTRICT FOR THE 2018.2019 FISCAL YEAR FINANCE During the 2017-2018 fiscal year the Old Town La Verne Business lmprovement District ("District") received approximately $18,000 from the District fees paid by the businesses within the District. The District also received approximately $55,000 in Wine Walk revenue (before expenses). The District has a current fund balance of approximately $125,000, which includes an anticipated current year carryover of approximately $14,000. The proposed 2018-2019 annual budget provides for approximately $78,000 in ongoing annual expenditures and $38,000 in capital projects, with projected net reserves of approximately $112,000. The District's current healthy financial status is enabling consideration of needed capital improvement expenditures, in large part because of the continued success of the Wine Walk event and the new Beer Walk event. PROMOTIONS After several years of discussion, the District has moved forward with the planning of the inaugural Beer Walk event, named "La Verne On Tap", to be held on September 29,2018. The event is being modeled almost exactly as the Wine Walk event, just with beer instead of wine. In order to manage the event with some new volunteers, the ticket sales will be more limited than the Wine Walk, as will the number of "stops", food vendors, and bands for the first year. Based on initial interest, it is expected that the event will sell out and will be a profitable event for the District, allowing for a financial contribution to a yet-identified local charity. The "A Sip of La Verne" Wine Walk event continues to be popular, with this year's event being the 6th annual event, and sold-out once again with nearly 1,300 participants. This year the Wine Walk designated the local non-profit food bank, Sowing Seeds for Life as its designated charity and raised $5,000 for the program. The Wine Walk accomplishes three very significant things. First, it provides the most unity among Old Town businesses in many ayeat, with 25+ tasting locations and also food locations throughout, with a result of over 90% participation by the core Old Town businesses. Secondly, the event generates a reasonable financial surplus, which is being reinvested into other events, programs, and capital improvements. And third, local charities receive benefit, with more than $20,000 contributed to local charities to date. Greenleaf Productions put on the successful annual car shows Cruizin' La Verne and Cool Cruise over the last three years. The contract with Greenleaf Productions expired after the 2018 Cool Cruise event. The District is still interested in hosting both the Cool Cruise and the Cruzin' La Verne car shows, held the Saturday before Easter and the Saturday after Thanksgiving respectively. The District's Board has put together a list of goals for the car shows so that bids can be solicited from 396 Monday, June 18, 2018, City Council Meeting Page No. 390 operators with experience running similar events, in advance of the Cruizin' La Verne show in November of 2018. lt is expected that a new multi-year contract will be entered with the successful bidder by August 2018. The District sponsors an Old Town Halloween Trick or Treat event combining the trick or treating and coloring contest awards with a live cable telecast with the University of La Verne. This year, the District revamped the Holiday Open House with a slightly new concept and named it the Old Town La Verne Holiday Stroll. As a result of aggressive marketing efforts, this year's event was wildly successful, bringing more people than ever to this holiday tradition. The event includes the lighting of the Old Town's community Christmas tree, free Santa photos, caroling, a reading of the "The Night Before Christmas", and this year, more businesses participated in handing out treats and providing fun activities for families, making the streets in Old Town come alive with activity throughout the event. This year's budget reflects added marketing expenditures for this event to continue to build upon the success of last year. At the end of 2017, it was mutually agreed to by the District and Farmers Market operator Xela Aid to end the Farmers Market due to poor attendance and sales. The agreement with the non-profit group was through February of 2018, however, both parties had exhausted all ideas on how to make the market successful with no notable improvement. As the contract was not going to be extended, it was agreed upon to end the Market at the end of December. The District has kept the same budget for 2018-2019 for a yet determined new event in Old Town. lt is expected that they will solicit proposals once the contract for the car shows is in place. Support for all of these events includes logistics, advertising and other publicity, which in turn brings the public and new businesses to Old Town. The continued business growth in Old Town is a result of these efforts. ANNUAL BREAKFAST MEETING The Annual Meeting of the OTLVBID was held at Chase's Restaurant on March 5, 2018, with approximately 50 in attendance. The highlight of the breakfast meeting was Mayor Don Kendrick providing a City welcome and update of the accomplishments of 2017 and the goals of the City for 2018. Presentations were made on projects at the University of La Verne, an update on the extension of the Gold Line, the City's efforts on establishing our Enhanced lnfrastructure Financing District, and related development occurring near the future Gold Line station. Updates were also provided regarding the budget, the Wine Walk, the upcoming Beer Walk, and other planned activities. The hosted breakfast event was well attended and many productive ideas were received and member participation is always encouraged. 397 Monday, June 18, 2018, City Council Meeting Page No. 391 ONGOING SERVICE/MAI NTENANCE The District provides ongoing service for Old Town businesses by way of regular sidewalk cleaning, landscape maintenance and replacement, and through funding of the electrical costs for the lights in Old Town street trees. MAJOR PROJECTS This year the District provided $17,000 in capital expenditures to assist with the cost of new historic "acorn style lights" (expected to be delayed as outlined in the City's Capital lmprovement Program) and new holiday decorations. The proposed District Budget allocates funding for several projects, including additional new holiday decorations, additional tree lights, and partial funding for the planned Mainiero Square re-design. BUDGET UPDATE This year's District budget, while always modest, reflects a growing increase in total revenues and expenditures, primarily from the Wine Walk and Beer Walk events. The District's budget and overall condition reflects an outstanding combination of significant activity and improvement groMh, with a continued positive financial outlook as well. 398 Monday, June 18, 2018, City Council Meeting Page No. 392 OLD TOWN LA VERNE BUS!NESS ! M PROVEM ENT DISTRICT t 20L812019 D UDGET 2Ot7l2OL8 2Ot7l20t8 20t8l2Ot9 Tf{rI{\rtrf{l REVENUE BUDGET Est. Year End REVENUE BUDGET Business License Fees s15,000.00 s18,000.00 s16,000.00 lnterest Saoo.oo s1,5oo.oo ssoo.oo lYo ne Walk s45,000.00 $5s,ooo.oo s60,500.00 59Yo Beer Walk So.oo So'oo 24Yo REVENUES . TOTAL s60,8oo.oo s74,5oo.oo s102,300.00 t0o% 2Ot7l2OL8 2Ot7l20t8 20t8l2Ot9 EXPENDlTURES EXPENSE BUDGET Est. Year End EXPENSE BUDGET OPERATIONAT (Div 1) Marketing and Advertising s3,ooo.oo s7,000.00 s5,ooo.oo SYo Sidewalk/Trash Encl. Cleaning & Landscaping s7,ooo.oo s7,000.00 S7,ooo.oo 6Yo Postage s1,ooo.oo ss00.00 ssoo.oo Olo Edison s1,ooo.oo Ssoo.oo s8oo.oo L% Office Supplies/Promotion/Meetings 51oo.oo 5o.oo $soo.oo tYo Promotions/ Annual Meeting/Social s2,400.00 s1,5oo.oo S6oo.oo L% Contingency-Misc Materials & Supplies ss00.00 So.oo Ssoo.oo o% Capital Outlay (Mainiero, Street/Tree Liehts) s17,000.00 Ss,ooo.oo S33,ooo.oo 28Yo OPERATIONAT SUBTOTAT S32,ooo.oo s49,000.00 42% EVENTS CoolCruise Auto Show (Div 2) s7s0.00 s7s0.00 s7s0.00 L% Old Town Street Event (Div 4) 53,ooo.oo s2,ooo.oo s3,o0o.oo 3Yo Holiday Stroll (Div 5) s2,500.00 s3,000.00 S8,5oo.oo 7% Wine Walk Event (Div 6) s27,000.00 s33,000.00 S3s,5oo.oo 3L% Fall Event- Halloween (Div 7) s300.00 s200.00 s3oo.oo OTo Cruisin La Verne Auto Show (Div 8) s7s0.00 So.oo s7s0.00 L% Beer Walk (Div 9) so.o0 s0.00 s18,000.00 16% EVENTS SUBTOTAL s34,300.00 s38,950.00 s66,800.00 58% EXPENDITURES TOTAT s65,3oo.oo s50,550.00 s115,800.00 LOO% Note: Beginning Fund Balance on July L,20L7 was 5111,000 399 Monday, June 18, 2018, City Council Meeting Page No. 393 i I EXHIBIT A L Illllll,ll Tql ill ST gir E B o rit tT-n lt rn at i11 OLD TOWN LA VERNE BUSINESS IMPROVEMENT DISTRICT 400 Monday, June 18, 2018, City Council Meeting Page No. 394 oLD TOWN LA ]TERNE BUSINESS IMPRO\/EMENT pTSTRTCT BEGINNING AT TIIE CENTERLII{E INTERSECTION OFFIFTH STREET [f$P :3:I STREET, AS SAID CENTERLNES ARE SHOWN ON THE I\{AP OF LORDSBURG TOWNSITE, AS PER IvIAP RECORDED IN BOOK 18, PAGES 9 TIIROUGH 14, INCLUSN/E OF MISCETLAI{EOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER oF Los AI.IGELES couNTY; TrrENcE SOIITHERLY ALONG sArD CENTERLINE OF'8" STREET TO TIfr CENTERLINE OF EIRST STREET, AS sArD STREET Is sHovn{ oN sArD MAP oF LORDSBIJRG TOWNSITE; THENCE EASTERLY ALONG TT{E LINE DESCRIBING TTIEzs FOOT STRIP OF LA}.ID IN THE DEED TO THE CITY OF LA I/ERNE RECORDED I\{AY 8, I97O IN BOOK D4708, PAGE 808 OF OTMCTAI RECORDS IN SAID OFFICE OF TIIE COUNTY RECORDE& fiIENCE FOLLOWING SAID LINE THROUGH ALL ITS VARIOUS COURSES A}.ID CI.'R\IES TO TIIE EASTERLY TERMINUS OF TIIAT CERTAIN PORTION OF SAID LINE HAVING A BEARING OF NORTII 890 58' 55'EAST AI{D ALENGTII OF 777.E2FEET; THENCE CONTINLTINGNORTH 89o s8,ss- EAST ALONG fiIE EASIERLYPROLONGATION OF SAID LINE TO THE CENTERLINE OF'T"' STREET, AS SAID STREE'T IS SHOWN ON SAID LORDSBIJRG TOWNSITE; THENCE NORTIIERLY ALONG SAID CENTERLINE OF "F" STREET TO TIIE FIRST MENTIOI.IED CENTERUNE OF EIFTII STREET; TTIENCE lryESlERLY ALONG SAID CENTERLII{E OF FIFTII STREET TO THE POINT OF BEGINNING *A"' Exhibit Ord. No. 720 As Corrected l0/15/86 401 Monday, June 18, 2018, City Council Meeting Page No. 395 EXHIBIT B 'l , ', Downtown Lb Verne issessnent of CharEe pormula I Glagsif icat,lona, of Businesses 2 The assess-nt of charge formula is desi gned td generate fees froin 6 buslnesses-ln the area in relation to' the benefi ts derived fron program of activities. lL BusinessesrlriEhin the boundaries of the p.rgposed. district, have 5 clissif ietl'as ReEail r Service, prof essionEf l Wholeia-le', ltanrt f actr ring, Mu Ir i -dwe I I i ns,. pubt i:.- i.a. iiianc ia 1. ' o :.ft..liliy Businesses classif,.ied as !drvic'e. fncftliiai biit are;.:not Iiml ted Eo 7 Barhers, Cleaners:,. Contractors, Cosmetologlets, Employmenc Losksritlths;. .t{anicurists, .}tedical eguipienI neniais. .e Servi I Estate Broters.r.,SecEetariaI Services, & Boncl Brokers TraVeI Agercies. _Stock 9 Businesses crassifiid as professlonal include; but are not li.mited. 1.0 f 1,8 Asseasment, of',,Charge:, Rates lservlce x9 All bueinesses classif ied as ind prof.essional'€hall pay ir charge based on gne tLnes their annual buslness ll.cehse fee. 2,O All bueinelgses classifie.d as t{holeEale, }tanufacturing or liturtl-.. .21 dweillng sdi:.1 pay a'ehar-gg based on t,hree quarteis izst) or [treio annual buqineSs license fee: . . 22 .. : All busing.Bses classlfi..a- as-pinancial gr public uttliry sharl pay, 23 an ahnua| f hundlred .($500.00). .chai'ge of ive dotlarb 24 olher non-ret,ail such 'or businesses ae, but not llnritecl to, Red crossj Chanber of Cornnrerce, sha]l pay dn.'allmfal charge based qn ooe 25 times the nlnlmum business license tee ($rt5;.00). .,. ; . 26 Insurance $en--t-s] ,shalI pay'an annual charge.based oh E,wo time's the' minimurn bd;sEneEs lieense fee (2 x $1s.00).' 27 .ir 28 I 29 i i- r ,'i ') i..., ii- 30 51 r :-1,., 32 EXHIBIT B No . Ord. 7'zo'.,; : i,,. i 402 Monday, June 18, 2018, City Council Meeting Page No. 396 1 Exhtblt B to Ordthance 720 2 Page Two 3 AtI firrns clisSlrfled as retail shall"Pay an annual charge based on A the Eollglfthg.iross ieceipts schedule. D ' :i '! | rress Than $r 0r000 $ ls.oo per year n r r n 6 $' io;ooo 5 0, 000 90.00 r i - 50 , oP.o , ; lli .i'.', i:r0 P;:00 o r20 .00 'r :' ,..' n n 7, ' ir ; , ri ,:15 9*0oo .150.00 li','i ;[ 20 0i 000 200.00 i * i33:fflf r "*r:''' n r 8 200,000 rr 300.r 000 250.00 3OO,OO0 I: ::' 400,000 l 300.00 rr rr i'ri:,'{ i',' r 9 4'b6;ooo ;ri;;ir.n ,' 500,000 375.00 ' rr t n ' tr 5001 000 75.0,000 450. OO 'r r . x n 10 750,000,.-. 1J qoo ooo 525.00 r,oo6,ooo$cn.l,:dbovd: ;t : i:'i ' $ eoo.oo r tr 11 TIte maxin-urn annual charge for any firn; othe.r Ehan those classifi a2 ae Retail, shall be Five Bundred Dollars (0500..00). 15 L4 15 16 t7 18 19 20 2t 22 2C 24 25 26 27 28 29 50 31 32 Ord. No. 720 As corrected l0/15/86 ExhibiE B 403