Agenda And Agenda Packet
CITY COUNCIL AGENDA 2022-07-18 18-30 (2).PDF
CITY COUNCIL AGENDA PACKET 2022-07-18 18-30 (2).PDF
Minutes
CC MINS 2022-07-18 (REGULAR).PDF
1. Documents:
2. Documents:
AMENDED
CITY OF LA VERNE
CITY COUNCIL AGENDA
Monday, July 18, 2022 - 6:30 p.m.
La Verne City Hall - Council Chambers,
3660 D Street, La Verne, CA 91750
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. Regular Meetings are held on the 1st and 3rd Monday of every month.
To facilitate public participation for those who do not wish to attend in person, the meeting will still be made available virtually to residents. Below are the following opportunities on how to participate:
1) View the meeting through the City’s website at www.cityoflaverne.org and click on the green “Council Meeting Live Stream” button.
2) Individuals can email their comments to the Assistant City Clerk at [email protected] up to noon on the day of the meeting. Those comments will be shared with City Council in advance of the City Council meeting and included as part of the permanent record. Please be advised that public comments submitted by emails or any other format to the C ity are public records that will be made available for public viewing. 3) Individuals who wish to share their comments directly during the meeting may do so by emailing the Assistant City Clerk at [email protected] with their phone number and the item(s) they wish to speak on. Requests will be accepted before and throughout the meeting and staff will call you back at the appropriate time. Once items are considered by the City Council, no further public comment on that matter will be accepted. A time limit of 3- minutes is set for all public comments.
4) If you wish to participate via Zoom, you will need to register at https://us02web.zoom.us/webinar/register/WN_U-PjP08HTPmRD1KC0qz2Vw before 5:00 p.m. on Monday, July 18, 2022, and please be aware that space is limited. You will have the ability to watch the meeting in real time and raise your hand to request to comment as appropriate on the current agenda item(s). Once it is your turn to speak, you will be brought into the meeting and have the ability to turn your video on when called upon.
Tim Hepburn, Mayor
Muir Davis, Mayor Pro Tem
Robin Carder, Council Member
Rick Crosby, Council Member
Wendy M. Lau, Council Member
www.cityoflaverne.org
(909) 596-8726 - Phone
(909) 596-8740 - Fax
City Hall Council Chamber
3660 D Street
La Verne, CA 91750
AGENDA, La Verne City Council Meeting, Monday, July 18, 2022, Page 2
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Council Member Lau, Council Member Crosby, Council Member Carder, Mayor Pro Tem Davis and Mayor Hepburn.
4. Recognition of Outgoing Mayor Pro Tem Muir Davis and Council Member Robin Carder - The City Council wi ll recognize Mayor Pro Tem Davis and Council Member Carder for their service to the City of La Verne. Mayor Pro Tem Davis was elected in 2017 and served five years on the City Council. Council Member Carder was elected in 2009 and served thirteen years on the City Council.
5. Public Comments to Outgoing Mayor Pro Tem Muir Davis and Council Member Carder.
6. Public Comments by Outgoing Mayor Pro Tem Muir Davis and Council Member Robin Carder
7. POST ELECTION PROCEDURES
Reciting the Facts of the Consolidated General Municipal Election held on June 7, 2022 , and declaring such other matters as provided by L aw. - The City Council should confirm the Certificate of the Canvass of Election Returns.
Based on the official canvass, the following candidates were elected to office:
Steve Johnson to District 1 for a four-year term or until June of 2026
Meshal “Kash” Kashifalghita to District 3 for a four-year term or until June of 2026
Tim Hepburn to District 4 for a four-year term or until June of 2026
STAFF RECOMMENDATION: The City Council should adopt Resolution No. 22-41, reciting the facts of the Consolidated General
Municipal Election held on the 7th day of June, 2022,
declaring the result and other such matters as
provided by law.
Resolution No. 22- 41
- A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LA VERNE,
COUNTY OF L OS ANGELES, STATE OF
CALIFORNIA, RECITING THE FACT OF THE
CONSOLIDATED GENERAL MUNICIPAL
ELECTION HELD ON TUESDAY, JUNE 7, 2022,
AND DECLARING THE RESULT AND SUCH
OTHER MATTERS AS PROVIDED BY LAW.
AGENDA, La Verne City Council Meeting, Monday, July 18, 2022, Page 3
Installation of Officers - The Oaths of Office will be administered by Assistant City Clerk Lupe Gaeta Estrella, as follows:
Steve Johnson – District 1
Meshal “Kash” Kashifalghita – District 3
Tim Hepburn – District 4
8. City Council will recess to allow newly elected Council Members to take their sea ts and outgoing Council Members to exit.
9. Selection of Mayor and Mayor Pro Tem Pursuant to Ordinance No. 1107 - Pursuant to Ordinance No. 1107 , Section 2.08.030, the City Council, following the declaration of election results shall choose one of its m embers as Mayor and one of its members as Mayor Pro Tem.
The Assistant City Clerk will call for nominations for Mayor and a vote will take place. Once a Mayor is chosen, Mayor will call for nominations for Mayor Pro Tem and a vote will take place.
10. Remarks by Council Members Johnson, Kashifalghita and Hepburn.
11. ANNOUNCEMENTS OF UPCOMING COMMUNITY EVENTS (Any person who wishes to make a brief announcement of a future community event that is open to the general public may do so at this time)
12. 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 June 20, 2022, to be received and filed.
b. Register of Audited Demands
Fiscal Year 2021-22
In the amount of $697,914.55 dated June 9, 2022
In the amount of $243,069.49 dated June 16, 2022
In the amount of $1,284,880.52, dated June 23, 2022,
In the amount of $445,101.43 dated June 30, 2022 and
In the amount of $354,731.43 dated July 7, 2022
Fiscal Year 2022-23
In the amount of $1,191,527.47 dated July 7, 2022.
Interim Finance Director Yelton recommends approval of Register of Audited Demands.
AGENDA, La Verne City Council Meeting, Monday, July 18, 2022, Page 4 d. License Plate Reader Technology Replacement - On June 20, 2022, City Council adopted the fiscal year budget for 2022/2023 and approved the funding to replace the Department's Automated License Plate Reader Technology (ALPR).
Police Chief Flores recommends that the City Cou ncil provide the City Manager the authority to enter into a two -year contract with Flock Safety Inc. The contract total is $63,000 for the first year and $56,000 annually thereafter for 20 all -inclusive ALPR camera systems.
e. Reserve Ladder Truck Purchase - With City Manager approval, La Verne Fire purchased a reserve ladder truck (Quint) in an online auction from the City of Fountain Valley for $108,900.
The total spend will be $150,000 from the Fire Replacement Equipment Fund which includes the original purchase of $108,900 and an additional $41,000 for modifications needed to outfit the Quint for LVFD and LA County use.
Fire Chief Nigg recommends that the City Council formally authorize the purchase of the pre-owned reserve Quint from the City of Fountain Valley via GovDeals.com
f. LA HIDTA Vendor Agreements - On July 1, 2022 the City entered an agreement with The Los Angeles High Intensity Drug Trafficking Area (LA HIDTA) for fiduciary services. Currently there are eight (8) service agreements the LA HIDTA has with third parties that should be considered for City Council approval, per the City’s Purchasing Policy guidelines.
Interim Finance Director Yelton recommends that the Ci ty Council approve the LA HIDTA service agreements with Vendors Cordra y Enterprises LLC; Deorian Ventures LLC; ECPC Solutions LLC; Liberty Coastal, LLC; Michael Tynes; Owsley Enterprises, LLC; Roger Bass; and Strategic Contracting Services.
g.
Staff recommends approval and passage of the following Resolutions:
1. Resolution No. 22 -42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING
EXECUTION OF A PUBLIC WORKS CONTRACT WITH GREENSCAPE
MAINTENANCES SERVICES, INC, FOR ANNUAL LANDSCAPE MAINTENANCE SERVICES OF T HE BONITA HIGH SCHOOL SPORTS PARK - The Public Works Department recently solicited bids from qualified contractors to provide landscape maintenance services for the Sports Park at Bonita High School. The existing contract is nearly 10 years old with numero us contract revisions having occurred over the years. Staff has determined that this project is categorically exempt from the California Environmental Quality Act (CEQA), Section 15301 and City of La Verne environmental guidelines.
Public Works Directo r Igoe recommends that the Ci ty Council approve the Resolution No. 22- 42, awarding an annual maintenance contract to Greenscape Maintenance Services, Inc. the lowest responsible and responsive bidder, in the initial amount of $194,755.00 to provide for Service Level A. This is the first year of a potential five-year contract.
AGENDA, La Verne City Council Meeting, Monday, July 18, 2022, Page 5
2. Resolution No. 22 -43 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING AN
ANNUAL AGREEMENT WITH LIEBERT CASSIDY WHITMORE FOR SPECIAL LEGAL SERVICES FOR FISCAL YEAR 2022 -23. - (LCW) has served the City for a number of years. The agreement provides for attorney/legal services covering a range of City needs from employee disciplinary issues to employee bargaining guida nce, as needed. The cost of services has an hourly rate increase of $10-$35 an hour.
Assistant City Manager Ranells recommends that the City Council adopt Resolution No. 22- 43, authorizing an agreement with Liebert, Cassidy Whitmore for special legal services.
3. Resolution No. 22 -44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING A
TOWING SERVICE FRANCHISE AGREEMENT WITH SANDERS TOWING FOR A THREE-YEAR TERM THROUGH JUNE 3, 2025 - The Ci ty of La Verne accepted Request for Proposals (RFQ) for towing services. Two proposals were submitted. A review of each proposal was conducted by staff which included a facilities inspection of each location. Upon conclusion of the inspection, it was determined that Sanders Towing met all of the qualifications.
Police Chief Flores recommends that the City Council approve Resolution No. 22 -44, approving the franchise service agreement with Sanders Towing for police towing services for a three-year term through June 3, 2025.
4 . Resolution Nos 22-45, 46 and 47 approving the Memorandum of Un derstanding with the La Verne Police Officers’ Association, the La Verne Police Middle Management Association, and the La Verne City Emplo yees’ Association. Staff and a ssociation representatives have been meeting since the spring of 2022 on respective successor agreements. Based on City Council direction and unanimous support of the terms discussed during a June 20, 2022, closed session, an agreement has been reached with these three represented employee groups and staff is now seeking formal approval from City Council to finalize the MOU’s.
Assistant City Manager Ranells recommends that the City Council adopt Resolution 22-45, Resolution 22 -46, and Resolution 22 -47 aut horizing the City Manager to execute an MOU between the City of La Verne and the LVPOA, the City of La Verne and LVPMMA, and the City of La Verne and the LVCEA.
Resolution No. 22 -45
- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING THE
EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE LA VERNE CITY COUNCIL AND THE LA VERNE POLICE OFFICERS’ ASSOCIATION (LVPOA) THROUGH JUNE 30, 2023.
Resolution No. 22-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING THE
EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE LA VERNE
CITY COUNCIL AND THE LA VERNE POLICE MIDDLE MANAGEMENT ASSOCIATION (LVPMMA) THROUGH JUNE 30, 2023.
Resolution No. 22-47 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING THE
EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE LA VERNE CITY COUNCIL AND THE LA VERNE CITY EMPLOYEES’ ASSOCIATION (LVCEA) THROUGH JUNE 30, 2023.
AGENDA, La Verne City Council Meeting, Monday, July 18, 2022, Page 6
5. Resolution No. 22 -48 and No. 22- 49 adopting a Salary Chart for Full -Time and Part - Time Employees and Repealing Resolution No. 21 -55 and No. 21- 56 as Well as Appropriating Applicable Funds from Measure LV Revenues - The attached resolutions and salary tables reflect adjustments in compensation resulting from increases agreed to in negotiations with represented employee groups. Similarly, Middle Management and Executive Management employees are also being adjusted as directed by the City Council. Hourly positions tied to full -time equivalent positions are being adjusted at this time as well.
Assistant City Manager Ranells recommends the City Council adopt Resolution No. 22-48 and Resolution No. 22-49, amending both full-time and part-time salary tables as well as appropriate $490,000 from Measure LV funds and $50,000 to the Water/Sewer fund to support the respective increases.
Resolution No. 22 -48
- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING A SALARY CHART FOR ALL FULL-TIME EMPLOYEES AND REPEALING RESOLUTION NO. 21-55.
Resolution No. 22 -49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING A
SALARY CHART FOR ALL PART -TIME EMPLOYEES AND REPEALING RESOLUTION NO. 21-56.
6. Resolution No. 22 -50 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING AN
AMENDMENT TO THE AGREEMENT WITH THE UNIVERSITY OF LA VERNE AND BONITA
UNIFIED SCHOOL DISTRICT FOR JOINT USE , MAINTENANCE, AND OPERATION OF
THE AQUATICS CENTER AT LAS FLORES PARK BY ADDING A SECTION FOR INSURANCE AND ADD “UNIVERSITY” TO THE TERMS - The University of La Verne, Bonita Unified School District, and the City have an agreement for joint use, maintenance, and operation of the Aquatics Center at Las Flores Park. All three parties have agreed and amended the agreement to add a section for insurance (IV) and add “University” to the terms (V).
Community Services Manager Duran recommends that the City Council accept the amendments and approve Resolution No. 22 -50, amending the agreement with the University of La Verne and Bonita Unified School District for joint use, maintenance, and o peration of the Aquatics Center at Las Flores Park by adding a section for insurance (IV) and adding “University” to the terms (V). (Councilmember Lau will declare a conflict of interest on this item because she is on the University’s Board of Trustees’ and will abstain from voting.)
AGENDA, La Verne City Council Meeting, Monday, July 18, 2022, Page 7
7 Resolution No. 22 -51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DETERMINING SPECIAL TAX FOR THE 2022 -23 FISCAL YEAR (COMMUNITY FACILITIES DISTRICT NO. 90-1 – LA VERNE INDUSTRIAL SPECIFIC PLAN) - Operation and Maintenance Community Facilities District No 90 -1 (O&M CFD 90 -1), a special tax district within the La Verne Industrial Specific Plan, requires the City Council to authorize the levy annually. Exhibit “A” of the attached resolution lists the properties and their levy’s included in the district.
City Engineer Howing recommends that the City Council adopt Resolution No. 22 -51, levying a special tax for the 2022- 23 Fiscal Year per the schedule shown in Exhibi t “A” attached to the Resolution, which increases the rate by the maximum allowed 5 percent to address the cost of living increases based on the annual consumer price index ending March 2022.
8. Resolution No. 22 -52 – A RESOLUTION OF THE CITY COUNCIL OF T HE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DETERMINING SPECIAL TAX FOR THE 2022 -23 FISCAL YEAR (COMMUNITY FACILITIES DISTRICT NO. 11-1) - The City Council on an annual basis must authorize the tax levy for Community Facilities District No. 11 -1 (CFD No. 11 -1), a special fire tax for buildings three stories (thirty-five feet) and above.
City Engineer Howing recommends that the City Council adopt Resolution No. 22 -52, levying a special tax for Fiscal Year 2022- 23 within CFD No, 11 -1 per the schedule shown in Exhibit “A” attached to the Resolution.
9. Resolution No. 22 -53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING A CLASS SPECIFICATION AND SALARY FOR DEPUTY FIRE CHIEF - In order to provide better internal customer service to fire personnel, ensure industry standard compliancy and create consistent operational accountability, a Deputy Chief primarily responsible for Operations, is essential to the ongoing improvement of the La Verne Fire Department.
Staff recommends that the City Council adopt Resolution No. 22-53 approving a class specification and salary for Deputy Fire Chief.
13. PUBLIC HEARINGS
a. Amendment to Fee s Resolution No. 22 -24, Updates to Fire Department F ees - The La Verne Fire Department entered into an approved agreement with Fire Recovery USA for inspection services and incident mitigation billing, and with Dennis Grubb & Associates for Fire Plan Review services. As such, the Fire Department must update its 2022- 23 fee schedule to match the fees outlined in the agreements for these services and to effectively and accurately recover costs. The updated schedule and mitigation rates are based on actual costs of the services provided, which may include personnel, supplies, and equipment.
Staff Recommendation: The City Council should adopt Resolution No. 22-54 amending the fee Resolution No. 22-
24. AGENDA, La Verne City Council Meeting, Monday, July 18, 2022, Page 8 b. Landscape Maintenance Districts 7, 8, 6, (Zones 2, 3, 4-I, 4-II, 5 and 6),and 84-1M Public Hearings and Adopting Resolutions Providing for the Annual Levy.
Landscaping and Lighting District No. 7 -On June 6, 2022, the City Council set July 18, 2022 at 6:30 p.m. as the date and time for the public hearing for the subject assessment district. There is a proposed increase to the assessment amount levied for this Fiscal Year to address increased maintenance costs. The proposed assessment amount of $660.00 is below the maximum allowable assessment of $693.26.
Landscape and Lighting District No. 8 - On June 6, 2022, the City Council set July 18, 2022 at 6:30 p.m. as the date and time for the public hearing for the subject assessment district.
There is no proposed increase in the assessment from last year’s levy.
Landscape Maintenance Districts 6, (Zones 2,3, 4 1, 4II , 5 and 6) - On June 6, 2022, the City Council set July 18, 2022 at 6:30 p.m. as the date and time for the public hearing for the subject assessment district and its zones. Attached are the Engineer’s Report and the cover report from the June 6, 2022 meeting. No change in the assessment levy is being proposed for the subject special benefit in Zones 2, 3, 4- I, and 4- II. The assessment rate for these zones is set at the maximum rate allowed. Zone 5 is proposed to have the levied assessment reduced below the maximum assessment amount to draw down reserves. The formation of Zone 6 allowed for CPI increases which with the March 2022 CPI of 8.5% allows for a maximum assessment per parcel of $308.23. A levy of $265.60 is proposed in this zone. (PLEASE NOTE: Council Member Kashifalghita will declare a conflict of interest and abstain from voting on this matter, because he owns property within the boundaries of Maintenance District No. 6.)
Maintenance District No. 84-1M (Esperanza Slopes) - On June 6, 2022, the City Council set July 18, 2022 at 6:30 p.m. as the date and time for the public hearing for the subject assessment district. The 2022- 2023 assessment is proposed to remain at the same level since 1992. (PLEASE NOTE: Council Member Kashifalghita will declare a conflict of interest and abstain from voting on this matter, because he owns property within the boundaries of Maintenance District 84-1M.)
STAFF RECOMMENDATION: The City Council should adopt Resolutions Nos. 23- 56 and 22- 57 providing for the annual levy and
collection of assessment s for the special zones in
District No. 7, 8 and adopt Resolution No. 22 -55
and 22- 58.for the special zones in District 6 and
841-M for Fiscal Year 2022-2023, as follows:
Resolution No. 22 -56 - A Resolution of the City
Council, of the City of La Verne, County of Los
Angeles, State of California, Overruling Protests and
Providing for the Annual Levy and Collecting of
Assessments for Certain Landscaping Maintenance
in an Existing District, Pursuant to the Provisi ons of Division 15, Part 2, of the Streets and Highways
Code of the State of California (LLMD #7).
AGENDA, La Verne City Council Meeting, Monday, July 18, 2022, Page 9
Resolution No. 22 -57 - A Resolution of the City
Council, of the City of La Verne, County of Los
Angeles, State of California, Overruling Protests and
Providing for the Annual Levy and Collecting of
Assessments for Certain Landscaping Maintenance
in an Existing District, Pursuant to the Provisions of
Division 15, Part 2, of the Streets and Highways
Code of the State of California (LLMD #8).
Resolution No. 22 -55 - A Resolution of the City
Council, of the City of La Verne, County of Los
Angeles, State of California, Overruling Protests and
Providing for the Annual Levy and Collecting of
Assessments for Certain Landscaping Maintenance
in an Existing District, Est ablished Pursuant to Voter Approval. (LLMD #6).
Resolution No. 22 -58 - A Resolution of the City
Council, City of La Verne, County of Los Angeles,
State of California, Confirming the Diagram and
Assessment and Providing for the Levy of the Annual
Assessment in a Special Maintenance District (84-
1M).
14 . OTHER MATTERS
a. Confirmation of Weed Abatement Clearance Charges for 2021- 22 - The Los Angeles County Department of Agricultural has prepared a report for City Council consideration for weed clearance costs for appropriate parcels within the City. Pursuant to law, a copy of the 2021-22 Weed Clearance Charges was posted on the City’s website. ( Council Member Kashifalghita will declare a
conflict of interest because he is a member of the
homeowners’ association that oversees property appearing on the weed abatement list).
STAFF RECOMMENDATION: The City Council should confirm the list of charges and direct the County Auditor to enter the
assessment against the parcels of land on the current
assessment roll.
AGENDA, La Verne City Council Meeting, Monday, July 18, 2022, Page 10
b. Employment Agreements for Interim City Manager and Interim Senior Equipment Mechanic - Resolution No. 22 -59 & Resolution No. 22 -60 - As a result of current City Manager Bob Russi announcing his intent to retire in August, the City Council met in c losed session on June 20, 2022, for consideration of an interim city manager. From that discussion, the City Council unanimously supported the selection of Jesse Duff for the assignment. As a result of a vacancy, the City and Stuart Havlicek are desirous to enter into an employment agreement for Interim Senior Equipment Mechanic pursuant to California Government Code 21221(h). Employment agreements pursuant to California Government Code 21221(h) have been prepared for the City Council’s consideration.
STAFF RECOMMENDATION: The City Council should approve R esolution Nos. 22- 59 and 22- 60, authorizing the City
Manager to execute agreement s with Jesse
Duff and Stuart Havlicek to provide interim,
part-time employment.
Resolution No. 22 -59 - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, AUTHORIZING
AN AGREEMENT WITH “RETIRED
ANNUITANT” JESSE DUFF FOR INTERIM
CITY MANAGER AND AUTHORIZING THE
CITY MANAGER TO EXECUTE SAME.
Resolution No. 22-60 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, AUTHORIZING
AN AGREEMENT WITH “RETIRED
ANNUITANT” STUART HAVLICEK FOR
INTERIM SENIOR EQUIPMENT MECHANIC
SERVICES AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAME.
c. Based on the amount of dialog that was created during the recent election, regarding the restoration of the elected Mayor, Mayor Hepburn is requesting that the Council authorize Staff to explore what, if any, options are available to the City for revising the selection of Mayor and when that would be allowed to be reconsidered; and to report back to Council with those findings.
AGENDA, La Verne City Council Meeting, Monday, July 18, 2022, Page 11
15. 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 staf f or set for discussion at a later date. Please email your public comment to the Assistant City Clerk at [email protected]
. Your public comment will be shared with the
City Council and included as part of the permanent record. If you wish to speak, email your phone number and staff will call you back. There is a 3-minute time limit on public comments.
16. COUNCIL COMMENTS AND CONFERENCE/MEETING REPORTS - Each Council Member may address the Council and public on matters of general information and/or concern. Thi s is also the time for Council Members to report on conferences and/or meetings they have attended.
17. ADJOURNMENT to Monday, July 25, 2022, at 6:30 p.m., for a presentation on the Fire Department Standard of Coverage and Community Risk Assessment by Consultant.
THENEXT REGULAR MEETING of the La Verne City Council
is scheduled for Monday, August 1, 2022, at 6:30 p.m.
ADVISORY STAFF
____ Robert Russi, City Manager
____ JR Ranells, Assistant City Manager
____ Robert Kress, City Attorney
____ Lupe Gaeta Estrella, Assistant City Clerk
____ Shawn Igoe, Public Works Director
____ Eric Scherer, Director of Community Development
____ Mike Yelton, Interim Finance Director
____ Colleen Flores, Police Chief
____ Christopher Nigg, Fire Chief
____ Yvonne Duran, Community Services Manager
____ Cody Howing, City Engineer
Posting Statement: On July 13, 2022, a true and correct copy of this Amended Agenda was posted on the bulletin board at La Verne City Hall, 3660 D Street, La Verne, and on the City’s website at cityoflaverne.org.
Table of Contents
Agenda 2
Agenda Items
7. Post Election Procedures 13
12a. City Council Minutes 23
12b. Register of Audited Demands 33
12c. License Plate Reader Replacement 55
12d. Reserve Ladder Truck Purchase 77
12e. LA HIDTA Vendor Agreements 79
12f1. Reso.22-42, Spors Park Contract 123
12f2. Reso22-43, Liebert, Cassidy Agmt 127
12f3. Reso.22-44, Towing Franchise Agmt 135
12f4. Resos. 22-45, 22-46& 22-47, MOUS 163
12f5. Resos. 22-48 & 49, Salary Charts 249
12f6. Reso.22-50 Aquatics Center Agmt Amdt 275
12f7. Reso. 22-51, CFD 90-1 285
12f8. Reso. 22-52, CFD 11-1 291
12f9. Reso. 22-53, Deputy Fire Chief 295
13a. Fee Resolution Update 303
13b1. LLMD No. 7 311
13b2. LLMD No. 8 331
13b3. LLMD No. 6 351
13b4. District 84-1M 385
14a. Weed Abatement Cost 423
14b. Employment Agreements 427
1 City Council Agenda Packet, Monday, July 18 2022
AMENDED
CITY OF LA VERNE
CITY COUNCIL AGENDA
Monday, July 18, 2022 - 6:30 p.m.
La Verne City Hall - Council Chambers,
3660 D Street, La Verne, CA 91750
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. Regular Meetings are held on the 1st and 3rd Monday of every month.
To facilitate public participation for those who do not wish to attend in person, the meeting will still be made available virtually to residents. Below are the following opportunities on how to participate:
1) View the meeting through the City’s website at www.cityoflaverne.org and click on the green “Council Meeting Live Stream” button.
2) Individuals can email their comments to the Assistant City Clerk at [email protected] up to noon on the day of the meeting. Those comments will be shared with City Council in advance of the City Council meeting and included as part of the permanent record. Please be advised that public comments submitted by emails or any other format to the City are public records that will be made available for public viewing. 3) Individuals who wish to share their comments directly during the meeting may do so by emailing the Assistant City Clerk at [email protected] with their phone number and the item(s) they wish to speak on. Requests will be accepted before and throughout the meeting and staff will call you back at the appropriate time. Once items are considered by the City Council, no further public comment on that matter will be accepted. A time limit of 3- minutes is set for all public comments.
4) If you wish to participate via Zoom, you will need to register at https://us02web.zoom.us/webinar/register/WN_U-PjP08HTPmRD1KC0qz2Vw before 5:00 p.m. on Monday, July 18, 2022, and please be aware that space is limited. You will have the ability to watch the meeting in real time and raise your hand to request to comment as appropriate on the current agenda item(s). Once it is your turn to speak, you will be brought into the meeting and have the ability to turn your video on when called upon.
Tim Hepburn, Mayor
Muir Davis, Mayor Pro Tem
Robin Carder, Council Member
Rick Crosby, Council Member
Wendy M. Lau, Council Member
www.cityoflaverne.org
(909) 596-8726 - Phone
(909) 596-8740 - Fax
City Hall Council Chamber
3660 D Street
La Verne, CA 91750
2 AGENDA, La Verne City Council Meeting, Monday, July 18, 2022, Page 2
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Council Member Lau, Council Member Crosby, Council Member Carder, Mayor Pro Tem Davis and Mayor Hepburn.
4. Recognition of Outgoing Mayor Pro Tem Muir Davis and Council Member Robin Carder - The City Council wi ll recognize Mayor Pro Tem Davis and Council Member Carder for their service to the City of La Verne. Mayor Pro Tem Davis was elected in 2017 and served five years on the City Council. Council Member Carder was elected in 2009 and served thirteen years on the City Council.
5. Public Comments to Outgoing Mayor Pro Tem Muir Davis and Council Member Carder.
6. Public Comments by Outgoing Mayor Pro Tem Muir Davis and Council Member Robin Carder
7. POST ELECTION PROCEDURES
Reciting the Facts of the Consolidated General Municipal Election held on June 7, 2022 , and declaring such other matters as provided by L aw. - The City Council should confirm the Certificate of the Canvass of Election Returns.
Based on the official canvass, the following candidates were elected to office:
Steve Johnson to District 1 for a four-year term or until June of 2026
Meshal “Kash” Kashifalghita to District 3 for a four-year term or until June of 2026
Tim Hepburn to District 4 for a four-year term or until June of 2026
STAFF RECOMMENDATION: The City Council should adopt Resolution No. 22-41, reciting the facts of the Consolidated General
Municipal Election held on the 7th day of June, 2022,
declaring the result and other such matters as
provided by law.
Resolution No. 22- 41
- A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LA VERNE,
COUNTY OF L OS ANGELES, STATE OF
CALIFORNIA, RECITING THE FACT OF THE
CONSOLIDATED GENERAL MUNICIPAL
ELECTION HELD ON TUESDAY, JUNE 7, 2022,
AND DECLARING THE RESULT AND SUCH
OTHER MATTERS AS PROVIDED BY LAW.
3 AGENDA, La Verne City Council Meeting, Monday, July 18, 2022, Page 3
Installation of Officers - The Oaths of Office will be administered by Assistant City Clerk Lupe Gaeta Estrella, as follows:
Steve Johnson – District 1
Meshal “Kash” Kashifalghita – District 3
Tim Hepburn – District 4
8. City Council will recess to allow newly elected Council Members to take their seats and outgoing Council Members to exit.
9. Selection of Mayor and Mayor Pro Tem Pursuant to Ordinance No. 1107 - Pursuant to
Ordinance No. 1107 , Section 2.08.030, the City Council, following the declaration of election results shall choose one of its members as Mayor and one of its members as Mayor Pro Tem.
The Assistant City Clerk will call for nominations for Mayor and a vote will take place. Once a Mayor is chosen, Mayor will call for nominations for Mayor Pro Tem and a vote will take place.
10. Remarks by Council Members Johnson, Kashifalghita and Hepburn.
11. ANNOUNCEMENTS OF UPCOMING COMMUNITY EVENTS (Any person who wishes to make a brief announcement of a future community event that is open to the general public may do so at this time)
12. 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 June 20, 2022, to be received and filed.
b. Register of Audited Demands
Fiscal Year 2021-22
In the amount of $697,914.55 dated June 9, 2022
In the amount of $243,069.49 dated June 16, 2022
In the amount of $1,284,880.52, dated June 23, 2022,
In the amount of $445,101.43 dated June 30, 2022 and
In the amount of $354,731.43 dated July 7, 2022
Fiscal Year 2022-23
In the amount of $1,191,527.47 dated July 7, 2022.
Interim Finance Director Yelton recommends approval of Register of Audited Demands.
4 AGENDA, La Verne City Council Meeting, Monday, July 18, 2022, Page 4 d. License Plate Reader Technology Replacement - On June 20, 2022, City Council adopted the fiscal year budget for 2022/2023 and approved the funding to replace the Department's Automated License Plate Reader Technology (ALPR).
Police Chief Flores recommends that the City Cou ncil provide the City Manager the authority to enter into a two- year contract with Flock Safety Inc. The contract total is $63,000 for the first year and $56,000 annually thereafter for 20 all -inclusive ALPR camera systems.
e. Reserve Ladder Truck Purchase - With City Manager approval, La Verne Fire purchased a reserve ladder truck (Quint) in an online auction from the City of Fountain Valley for $108,900.
The total spend will be $150,000 from the Fire Replacement Equipment Fund which includes the original purchase of $108,900 and an additional $41,000 for modifications needed to outfit the Quint for LVFD and LA County use.
Fire Chief Nigg recommends that the City Council formally authorize the purchase of the pre-owned reserve Quint from the City of Fountain Valley via GovDeals.com
f. LA HIDTA Vendor Agreements - On July 1, 2022 the City entered an agreement with The Los Angeles High Intensity Drug Trafficking Area (LA HIDTA) for fiduciary services. Currently there are eight (8) service agreements the LA HIDTA has with third parties that should be considered for City Council approval, per the City’s Purchasing Policy guidelines.
Interim Finance Director Yelton recommends that the City Council approve the LA HIDTA service agreements with Vendors Cordra y Enterprises LLC; Deorian Ventures LLC; ECPC Solutions LLC; Liberty Coastal, LLC; Michael Tynes; Owsley Enterprises, LLC; Roger Bass; and Strategic Contracting Services.
g.
Staff recommends approval and passage of the following Resolutions:
1. Resolution No. 22 -42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING
EXECUTION OF A PUBLIC WORKS CONTRACT WITH GREENSCAPE
MAINTENANCES SERVICES, INC, FOR ANNUAL LANDSCAPE MAINTENANCE SERVICES OF T HE BONITA HIGH SCHOOL SPORTS PARK - The Public Works Department recently solicited bids from qualified contractors to provide landscape maintenance services for the Sports Park at Bonita High School. The existing contract is nearly 10 years old with numero us contract revisions having occurred over the years. Staff has determined that this project is categorically exempt from the California Environmental Quality Act (CEQA), Section 15301 and City of La Verne environmental guidelines.
Public Works Directo r Igoe recommends that the Ci ty Council approve the Resolution No. 22- 42, awarding an annual maintenance contract to Greenscape Maintenance Services, Inc. the lowest responsible and responsive bidder, in the initial amount of $194,755.00 to provide for Service Level A. This is the first year of a potential five-year contract.
5 AGENDA, La Verne City Council Meeting, Monday, July 18, 2022, Page 5
2. Resolution No. 22 -43 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING AN
ANNUAL AGREEMENT WITH LIEBERT CASSIDY WHITMORE FOR SPECIAL LEGAL SERVICES FOR FISCAL YEAR 2022 -23. - (LCW) has served the City for a number of years. The agreement provides for attorney/legal services covering a range of City needs from employee disciplinary issues to employee bargaining guida nce, as needed. The cost of services has an hourly rate increase of $10-$35 an hour.
Assistant City Manager Ranells recommends that the City Council adopt Resolution No. 22- 43, authorizing an agreement with Liebert, Cassidy Whitmore for special legal services.
3. Resolution No. 22 -44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING A
TOWING SERVICE FRANCHISE AGREEMENT WITH SANDERS TOWING FOR A THREE-YEAR TERM THROUGH JUNE 3, 2025 - The Ci ty of La Verne accepted Request for Proposals (RFQ) for towing services. Two proposals were submitted. A review of each proposal was conducted by staff which included a facilities inspection of each location. Upon conclusion of the inspection, it was determined that Sanders Towing met all of the qualifications.
Police Chief Flores recommends that the City Council approve Resolution No. 22 -44, approving the franchise service agreement with Sanders Towing for police towing services for a three-year term through June 3, 2025.
4 . Resolution Nos 22-45, 46 and 47 approving the Memorandum of Understanding with the La Verne Police Officers’ Association, the La Verne Police Middle Management Association, and the La Verne City Employees’ Association. Staff and a ssociation representatives have been meeting since the spring of 2022 on respective successor agreements. Based on City Council direction and unanimous support of the terms discussed during a June 20, 2022, closed session, an agreement has been reached with these three represented employee groups and staff is now seeking formal approval from City Council to finalize the MOU’s.
Assistant City Manager Ranells recommends that the City Council adopt Resolution 22-45, Resolution 22 -46, and Resolution 22 -47 aut horizing the City Manager to execute an MOU between the City of La Verne and the LVPOA, the City of La Verne and LVPMMA, and the City of La Verne and the LVCEA.
Resolution No. 22 -45
- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING THE
EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE LA VERNE CITY COUNCIL AND THE LA VERNE POLICE OFFICERS’ ASSOCIATION (LVPOA) THROUGH JUNE 30, 2023.
Resolution No. 22-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING THE
EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE LA VERNE
CITY COUNCIL AND THE LA VERNE POLICE MIDDLE MANAGEMENT ASSOCIATION (LVPMMA) THROUGH JUNE 30, 2023.
Resolution No. 22-47 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING THE
EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE LA VERNE CITY COUNCIL AND THE LA VERNE CITY EMPLOYEES’ ASSOCIATION (LVCEA) THROUGH JUNE 30, 2023.
6 AGENDA, La Verne City Council Meeting, Monday, July 18, 2022, Page 6
5. Resolution No. 22 -48 and No. 22- 49 a dopting a Salary Chart for Full -Time and Part - Time Employees and Repealing Resolution No. 21 -55 and No. 21- 56 as Well as Appropriating Applicable Funds from Measure LV Revenues - The attached resolutions and salary tables reflect adjustments in compensation resulting from increases agreed to in negotiations with represented employee groups. Similarly, Middle Management and Executive Management employees are also being adjusted as directed by the City Council. Hourly positions tied to full -time equivalent positions are being adjusted at this time as well.
Assistant City Manager Ranells recommends the City Council adopt Resolution No. 22-48 and Resolution No. 22-49, amending both full-time and part-time salary tables as well as appropriate $490,000 from Measure LV funds and $50,000 to the Water/Sewer fund to support the respective increases.
Resolution No. 22 -48
- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING A SALARY CHART FOR ALL FULL-TIME EMPLOYEES AND REPEALING RESOLUTION NO. 21-55.
Resolution No. 22 -49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING A
SALARY CHART FOR ALL PART -TIME EMPLOYEES AND REPEALING RESOLUTION NO. 21-56.
6. Resolution No. 22 -50 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING AN
AMENDMENT TO THE AGREEMENT WITH THE UNIVERSITY OF LA VERNE AND BONITA
UNIFIED SCHOOL DISTRICT FOR JOINT USE , MAINTENANCE, AND OPERATION OF
THE AQUATICS CENTER AT LAS FLORES PARK BY ADDING A SECTION FOR INSURANCE AND ADD “UNIVERSITY” TO THE TERMS - T he University of La Verne, Bonita Unified School District, and the City have an agreement for joint use, maintenance, and operation of the Aquatics Center at Las Flores Park. All three parties have agreed and amended the agreement to add a section for insurance (IV) and add “University” to the terms (V).
Community Services Manager Duran recommends that the City Council accept the amendments and approve Resolution No. 22 -50, amending the agreement with the University of La Verne and Bonita Unified School District for joint use, maintenance, and operation of the Aquatics Center at Las Flores Park by adding a section for insurance (IV) and adding “University” to the terms (V). (Councilmember Lau will declare a conflict of interest on this item because she is on the University’s Board of Trustees’ and will abstain from voting.)
7 AGENDA, La Verne City Council Meeting, Monday, July 18, 2022, Page 7
7 Resolution No. 22 -51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DETERMINING SPECIAL TAX FOR THE 2022 -23 FISCAL YEAR (COMMUNITY FACILITIES DISTRICT NO. 90-1 – LA VERNE INDUSTRIAL SPECIFIC PLAN) - Operation and Maintenance Community Facilities District No 90 -1 (O&M CFD 90 -1), a special tax district within the La Verne Industrial Specific Plan, requires the City Council to authorize the levy annually. Exhibit “A” of the attached resolution lists the properties and their levy’s included in the district.
City Engineer Howing recommends that the City Council adopt Resolution No. 22 -51, levying a special tax for the 2022- 23 Fiscal Year per the schedule shown in Exhibi t “A” attached to the Resolution, which increases the rate by the maximum allowed 5 percent to address the cost of living increases based on the annual consumer price index ending March 2022.
8. Resolution No. 22 -52 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DETERMINING SPECIAL TAX FOR THE 2022 -23 FISCAL YEAR (COMMUNITY FACILITIES DISTRICT NO. 11-1) - The City Council on an annual basis must authorize the tax levy for Community Facilities District No. 11 -1 (CFD No. 11 -1), a special fire tax for buildings three stories (thirty-five feet) and above.
City Engineer Howing recommends that the City Council adopt Resolution No. 22 -52, levying a special tax for Fiscal Year 2022- 23 within CFD No, 11 -1 per the schedule shown in Exhibit “A” attached to the Resolution.
9. Resolution No. 22 -53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING A CLASS SPECIFICATION AND SALARY FOR DEPUTY FIRE CHIEF - In order to provide better internal customer service to fire personnel, ensure industry standard compliancy and create consistent operational accountability, a Deputy Chief primarily responsible for Operations, is essential to the ongoing improvement of the La Verne Fire Department.
Staff recommends that the City Council adopt Resolution No. 22-53 approving a class specification and salary for Deputy Fire Chief.
13. PUBLIC HEARINGS
a. Amendment to Fee s Resolution No. 22 -24, Updates to Fire Department F ees - The La Verne Fire Department entered into an approved agreement with Fire Recovery USA for inspection services and incident mitigation billing, and with Dennis Grubb & Associates for Fire Plan Review services. As such, the Fire Department must update its 2022- 23 fee schedule to match the fees outlined in the agreements for these services and to effectively and accurately recover costs. The updated schedule and mitigation rates are based on actual costs of the services provided, which may include personnel, supplies, and equipment.
Staff Recommendation: The City Council should adopt Resolution No. 22-54 amending the fee Resolution No. 22-
24. 8
AGENDA, La Verne City Council Meeting, Monday, July 18, 2022, Page 8 b. Landscape Maintenance Districts 7, 8, 6, (Zones 2, 3, 4-I, 4-II, 5 and 6),and 84-1M Public Hearings and Adopting Resolutions Providing for the Annual Levy.
Landscaping and Lighting District No. 7 -On June 6, 2022, the City Council set July 18, 2022 at 6:30 p.m. as the date and time for the public hearing for the subject assessment district. There is a proposed increase to the assessment amount levied for this Fiscal Year to address increased maintenance costs. The proposed assessment amount of $660.00 is below the maximum allowable assessment of $693.26.
Landscape and Lighting District No. 8 - On June 6, 2022, the City Council set July 18, 2022 at 6:30 p.m. as the date and time for the public hearing for the subject assessment district.
There is no proposed increase in the assessment from last year’s levy.
Landscape Maintenance Districts 6, (Zones 2,3,4 1, 4II, 5 and 6) - On June 6, 2022, the City Council set July 18, 2022 at 6:30 p.m. as the date and time for the public hearing for the subject assessment district and its zones. Attached are the Engineer’s Report and the cover report from the June 6, 2022 meeting. No change in the assessment levy is being proposed for the subject special benefit in Zones 2, 3, 4- I, and 4- II. The assessment rate for these zones is set at the maximum rate allowed. Zone 5 is proposed to have the levied assessment reduced below the maximum assessment amount to draw down reserves. The formation of Zone 6 allowed for CPI increases which with the March 2022 CPI of 8.5% allows for a maximum assessment per parcel of $308.23. A levy of $265.60 is proposed in this zone. (PLEASE NOTE: Council Member Kashifalghita will declare a conflict of interest and abstain from voting on this matter, because he owns property within the boundaries of Maintenance District No. 6.)
Maintenance District No. 84-1M (Esperanza Slopes) - On June 6, 2022, the City Council set July 18, 2022 at 6:30 p.m. as the date and time for the public hearing for the subject assessment district. The 2022- 2023 assessment is proposed to remain at the same level since 1992. (PLEASE NOTE: Council Member Kashifalghita will declare a conflict of interest and abstain from voting on this matter, because he owns property within the boundaries of Maintenance District 84-1M.)
STAFF RECOMMENDATION: T he City Council should adopt Resolutions Nos. 23- 56 and 22- 57 providing for the annual levy and
collection of assessment s for the special zones in
District No. 7, 8 and adopt Resolution No. 22 -55
and 22- 58.for the special zones in District 6 and
841-M for Fiscal Year 2022-2023, as follows:
Resolution No. 22 -56 - A Resolution of the City
Council, of the City of La Verne, County of Los
Angeles, State of California, Overruling Protests and
Providing for the Annual Levy and Collecting of
Assessments for Certain Landscaping Maintenance
in an Existing District, Pursuant to the Provisi ons of Division 15, Part 2, of the Streets and Highways
Code of the State of California (LLMD #7).
9 AGENDA, La Verne City Council Meeting, Monday, July 18, 2022, Page 9
Resolution No. 22 -57 - A Resolution of the City
Council, of the City of La Verne, County of Los
Angeles, State of California, Overruling Protests and
Providing for the Annual Levy and Collecting of
Assessments for Certain Landscaping Maintenance
in an Existing District, Pursuant to the Provisions of
Division 15, Part 2, of the Streets and Highways
Code of the State of California (LLMD #8).
Resolution No. 22 -55 - A Resolution of the City
Council, of the City of La Verne, County of Los
Angeles, State of California, Overruling Protests and
Providing for the Annual Levy and Collecting of
Assessments for Certain Landscaping Maintenance
in an Existing District, Est ablished Pursuant to Voter Approval. (LLMD #6).
Resolution No. 22 -58 - A Resolution of the City
Council, City of La Verne, County of Los Angeles,
State of California, Confirming the Diagram and
Assessment and Providing for the Levy of the Annual
Assessment in a Special Maintenance District (84-
1M).
14 . OTHER MATTERS
a. Confirmation of Weed Abatement Clearance Charges for 2021- 22 - The Los Angeles County Department of Agricultural has prepared a report for City Council consideration for weed clearance costs for appropriate parcels within the City. Pursuant to law, a copy of the 2021-22 Weed Clearance Charges was posted on the City’s website. ( Council Member Kashifalghita will declare a
conflict of interest because he is a member of the
homeowners’ association that oversees property appearing on the weed abatement list).
STAFF RECOMMENDATION: The City Council should confirm the list of charges and direct the County Auditor to enter the
assessment against the parcels of land on the current
assessment roll.
10 AGENDA, La Verne City Council Meeting, Monday, July 18, 2022, Page 10
b. Employment Agreements for Interim City Manager and Interim Senior Equipment Mechanic - Resolution No. 22 -59 & Resolution No. 22 -60 - As a result of current City Manager Bob Russi announcing his intent to retire in August, the City Council met in c losed session on June 20, 2022, for consideration of an interim city manager. From that discussion, the City Council unanimously supported the selection of Jesse Duff for the assignment. As a result of a vacancy, the City and Stuart Havlicek are desirous to enter into an employment agreement for Interim Senior Equipment Mechanic pursuant to California Government Code 21221(h). Employment agreements pursuant to California Government Code 21221(h) have been prepared for the City Council’s consideration.
STAFF RECOMMENDATION: The City Council should approve R esolution Nos. 22- 59 and 22- 60, authorizing the City
Manager to execute agreement s with Jesse
Duff and Stuart Havlicek to provide interim,
part-time employment.
Resolution No. 22 -59 - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, AUTHORIZING
AN AGREEMENT WITH “RETIRED
ANNUITANT” JESSE DUFF FOR INTERIM
CITY MANAGER AND AUTHORIZING THE
CITY MANAGER TO EXECUTE SAME.
Resolution No. 22-60 - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF
LA VERNE, COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, AUTHORIZING
AN AGREEMENT WITH “RETIRED
ANNUITANT” STUART HAVLICEK FOR
INTERIM SENIOR EQUIPMENT MECHANIC
SERVICES AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAME.
c. Based on the amount of dialog that was created during the recent election, regarding the restoration of the elected Mayor, Mayor Hepburn is requesting that the Council authorize Staff to explore what, if any, options are available to the City for revising the selection of Mayor and when that would be allowed to be reconsidered; and to report back to Council with those findings.
11 AGENDA, La Verne City Council Meeting, Monday, July 18, 2022, Page 11
15. 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 staf f or set for discussion at a later date. Please email your public comment to the Assistant City Clerk at [email protected]
. Your public comment will be shared with the
City Council and included as part of the permanent record. If you wish to speak, email your phone number and staff will call you back. There is a 3-minute time limit on public comments.
16. COUNCIL COMMENTS AND CONFERENCE/MEETING REPORTS - Each Council Member may address the Council and public on matters of general information and/or concern. Thi s is also the time for Council Members to report on conferences and/or meetings they have attended.
17. ADJOURNMENT to Monday, July 25, 2022, at 6:30 p.m., for a presentation on the Fire Department Standard of Coverage and Community Risk Assessment by Consultant.
THENEXT REGULAR MEETING of the La Verne City Council
is scheduled for Monday, August 1, 2022, at 6:30 p.m.
ADVISORY STAFF
____ Robert Russi, City Manager
____ JR Ranells, Assistant City Manager
____ Robert Kress, City Attorney
____ Lupe Gaeta Estrella, Assistant City Clerk
____ Shawn Igoe, Public Works Director
____ Eric Scherer, Director of Community Development
____ Mike Yelton, Interim Finance Director
____ Colleen Flores, Police Chief
____ Christopher Nigg, Fire Chief
____ Yvonne Duran, Community Services Manager
____ Cody Howing, City Engineer
Posting Statement: On July 13, 2022, a true and correct copy of this Amended Agenda was posted on the bulletin board at La Verne City Hall, 3660 D Street, La Verne, and on the City’s website at cityoflaverne.org.
12 RESOLUTION NO.2241
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE' COUNTY OF
ANGELES, STATE OF CALIFORNIA, RECTTING THE FACT OF THE C LOS
D
GENERAL MUNICIP AL ELECTION OF THE CITY OF LA VERNE HELD ON TUESDAY JUNE 7, 2022, AND DECLARING THE
PROVIDED BY LAW
RESULT AND SUCH OTHER MATTERS AS
WHEREAS, a Consolidated General Municipal Election was held and conducted in the City of La Verne, Californ ia, on Tuesday, June7,2022, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the elec'tion was held and conducted and the votes were cast, received and canvassed and the retums made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the elections in general law cities; and WHEREAS, the County of Los Angeles Register Recorder/County Clerk, Election Department canvassed the returns of the election and has certified the results to this City Council, resuIts are received, attached and made a part hereof as "Exhibit A'.
NOW, THEREFORE, the CitY Council of the City of La Verne, California, DOES RESOLYE DECLARE, DETERMINE AND ORDER as follows:
That the total number of votes (ballots) cast in the Dishict No. 1, was 1,645' total votes cast for District 3 was 2,046 and total votes cast for District 4 was 1,855. The total votes cast was 5,546 votes.
section 2. That the names of persons on the ballot voted for at the election for Member of the City Council are as follows:
and Steven Frank Johnson- Muir Davis
- Joseph Gabaldon and Meshal "Kash" Kashifalghita
- Tim Hepburn, Rich GxI Estella V. Maldonado
(Candidates are listed in the order they appeared on the ballot') That the number of votes given at each Precinct and the number of votes iven in the CitY to each of the Persons above named for the resPective offices for which the rsons were candid ates are listed in Exhibit "A' attached District I
District 3
District 4
6t
pe
Section 4. The City Council does declare and determine that Steven Frank Johnson was elected as Membel of the Council to District 1, for a tem of 4-Years;
"Kash" Kashifalghita was elected as i/lember of the Council to District 3 for a term of 4-Years
Tim Hepbu rn was elected member of the City Council
4 for a term 4-Yearsto
13 July 18, 2022, City Council Meeting
Page No. 1
The Assistant City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) the whole number of votes (ballots) cast in the CitY ; (2) the names of the Persons voted for; (3) the office each Perston was voted for; (4) the number of votes given at each Precinct to each person, and (5) the total number of votes given to each person.
That the Assistant CitY Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the Assistant City Clerk and authenticated; that the Assistant City Clerk shall also administer to each person elected the Oath of Office Prescri bed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the CitY Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. 9g!!4TheMayorshallsignandtheAssistantcityclerkshall.certifyto.the passage a,ffiiii6i ot this iesolution a,-nd thereupon the same shall take effect and be in force
ATTEST:
PASSED, APPROVED AND ADOPTED this 18t day ol July,2022' Mayor
Lupe Gaeta Estrella, Assistant CitY Clerk
the following vote:
lherebycertifythattheforegoingResolutionNo.224lwasdulyandregularlyadoptedbythe iiii cli"iirl.ii ti* Cit,, or r-i veine ai a-meetins thereof held on the '18* dav of Julv, 2022' bv AYES
NOES:
ABSENT:
ABSTAIN:
Lupe Gaeta Estrella, Assistant City Clerk
2Resolution No.2241
14 July 18, 2022, City Council Meeting
Page No. 2
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15 July 18, 2022, City Council Meeting
Page No. 3
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Page No. 8
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21 July 18, 2022, City Council Meeting
Page No. 9
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22 July 18, 2022, City Council Meeting
Page No. 10
MINUTES OF A REGULAR MEETING
OF THE CITY COUNGIL OF THE CITY OF
LA VERNE
MondaY, June20,2022
A regular meeting of the La Verne City Council was called to order by Mayor Hepburn at 6:30 p'm
2. Council Members Present: Mayor Tim HePburn
Mayor Pro Tem Muir Davis
Council Member Robin Carder
Council Member WendY Lau
Council Member Rick CrosbY
Absent:
Advisory personnel Present:
Traffic Control Plan for the
Fourth of JulY Parade
Old Town La Verne Business
lmprovement District
Reappointment
None.
3. Pledge of Allegiance was led by Mayor Tim Hepburn
4. partial Approval of the consent The city council pulled the following from the consent calendar and took Calendar action prior to the presentations'
It was moved by Carder, seconded by Crosby and unanimously carried to ,"."pt, Jppror6, or act on the partial Consent Calendar items, as follows:
City Manager Robert Russi
Assistant to the City Manager JR Ranells
City Attorney Robert L. Kress
Assistant City Clerk Lupe Gaeta Estrella
Community Development Director Eric Scherer
Principal Planner Candice Bowcock
Traffic control Plan for the tqurth of Julv Pa,rade, - Each year the city ur nation's independence' The largest
event is the Fourth of July Parade on city streets through old Town La Verne' in" City Engineer prepaied a traffic con[rol plan for t!9 qagqg.loute. Formal ilpt# of inis pfah Uy tne City Council will limit the City's liability exposure by providing design immunitY.
Public works Director lgoe recommended that the city council adopt the traffic .ontior plan for the Fou'rtn of July Parade. Approved as recommended by staff.
T lmprovement D-istrictlvlembers
traattnew Forgey and 2uney Espinoza expqed on June 30,2022. While Dr.
Espinoza nai r6quested to reniain on the Board, Mr. Forgey has recently Oei:iOeO to no longer continue as a Board Member'
community Development Director scherer recommended that the city council r"rppoint 'Zuhey Espinoza to serve a two-year te11 fpm July 1,' 2022 il[;g6 ir;; io, zo2+ with the approval of the city council. The vacant Board seat will be advertised and after a recommendation from the Board, *ifiOl presented to the Mayor and City Council at a future meeting for appointment. Approved as recommended'
1 23
July 18, 2022, City Council Meeting
Page No. 11
City CouncilMinutes, Monday, June 20, 2022,Pa1e2.
Tri-City Governing Board
Representative ReaPPointment
Resolution No. 22-33,
$il;;i.I th" Adoption or the
Multiple EmPloYer
OPEB/Pension 115 Trust
Adopting lhe 2022-23 CitY
Budget and APProPriations
Limitation
The Old Town La Verne Business lmprovement District (OTLVBID)Advisory Board and staff recommended that the city council approve the expenditure of ss,ooo as a donation to the La Verne K-9 Police Foundation from the blLVelD'. budget from the proceeds of lhe 2022Sip of La Verne Wine Walk' Approved as recommended.
@tovelning Board includes one appointment
from each Gity as a community represlntative. Carolyn Cockrell has served in tni" capaciiy since 2011 and has agreed to serve an additional two-year term.
Community Services Manager Duran recommended that the City Council "ppror.
the reappointment of carolyn cockrell as the community
ilfir"t*t"tire tr6m La Verne to thoTri-City Mental Health^Governing Board to'ierve a two-year term from July 1, 2022 through June 30,2024.
Approved as recommended.
staff recommended approval and passaqe of the followinq Resolutions:
Resotution No. 22-33 - A RESOLUT!_O_N OF THE CITY COUNCIL OF ffiNE, couNTY oF Los ANGELES, srATE oF
CALIFoRNIA,APPRoVINGTHEADoPTIoNoFTHEMULTIPLE
Erupr-oyen oPEB/PENSIoN 115 TRUST ADMINISTERED BY SHUSTER Aovrsonv GR9UP, LLC. The City has two Trust Accounts for the purpose o*unOing certain retiiee obligations. Thgs.e funds are currently administrated nV FrUiiJngency Retiremeniservices (PARS) and a-ssets_ are held by US BLnk. After-a review of the current fee structure and fund line up, it was JeiermineO that savings could be achieved by converting our plan administration and pofoolio management to another provider. The provider recommended, shuster Advisory Group, LLC, who is the same_firm that i"""ntiy took over fiduciary respbnsibilitie-s of the employee's457 deferred compeirsation account in bctoner of 2019 as well as the FICA alternative plan' int jrgn that change employees, participants and retirees have realized s'itnifiiant savings-on the fees of those accounts' Approved' Assistant to the City Manager Ranells recommended that the City Council "dr*;
Resolution'2243 Authorizing the City Manage_r to execute -ii.eements to transfer administration of the City's OPEB/Pension 115 Trust io"Snuster Advisory Gioup, LLC and funds' assets to Charles Schwab Trust L=anf< 1;Scn*ab"), ind Alia Trust Company ("Alta") as the directed Trustee' Approved as recommended.
ix ffiduring the city council Budget
!ilit-$r.'1j1ihetd on June 6, 2022. Atthat study session, the City Man-ager anO 6acn of the department heads presented their respective sections of the UrJg"t ao.ument fbr Council discussion and consideration. Adopting nls-oiution No. 22-36 will officially adopt the 2022-23 budget' ln addition, every yeartne city must adopt an annual appropriations limit consistent with 'r"qrii"r"ni. of c"titoinia law. The appropriations limit pertains to City "*i"naitur"s
paid Oy t-x proceeds. Appropriations financed by service fees, gr;nt. and other non-tax revenues are exempt. The city's proposed 2022-23 6udget reflects appropriations well under this limit'
24 July 18, 2022, City Council Meeting
Page No. 12
City Council Minutes, Monday, June 20,2022, Page 3.
Resolution No. 22-36,
Adopting a City Budget for the
2022-23 Fiscal Yeat
THE CITY OF LAVERNE, COU
CALIFORNIA, ADOPTING A BU
- A RESOLUTION OF THE CITY COUNCIL OF
NTY OF LOS ANGELES, STATE OF
DGET FOR THE 2022.23 FISCAL YEAR,
Resolution No . 22-37 ,
Adopting an ApProPriations
Limitation for the 2022-23
Fiscal Year
Resolution No. 22-38,
Authorizing Execution of a
Public Works Contract with
SDC Engineering lnc. for the
Mainiero Square lmProvement
Project
lntroduction of Newly Promoted
Police Supervisors
Old Town La Verne Business
lmprovement District Donation
to the K-9 Foundation
. A RESOLUTION OF THE CITY COUNCIL OF
RNE, COUNTY OF LOS ANGELES, STATE OF
NG AN APPROPRIATIONS LIMITATION FOR THE
Approved.
THE CITY OF LA VE
CALIFORNIA, ADOPTI
2022-23 FISCAL YEAR.
5. Presentations/PrideMonth
Resolution No. 22-38 - A RESOLUTION OF THE CITY COUNCIL OF THE Ciw oi r-n venNE, couNw oF Los ANGELES, srATE oF cALIFoRNIA' nuiHonrzruc ExEbunoN oF A PUBLIc woRKs coNTRAcr wlrH sDc ET'TOINECNINO INC. FOR THE MAINIERO SQUARE IMPROVEMENT
FnOJeCr. The Public Works Department recently solicited bids for the ia'"inL. squ"t" lmprovement Project. The project was advertised on May 6 ano frlay fS, 2}22iilh bid proposils received and opened on June 2' 2022' it L piji"ct i. ""tegorica
y'exempt from the catifornia Environmentat Quality
n"i, Seirion 15301-- Exisiing Facilities, and City of La Verne environmental guidelines.
citv Enoineer Howinq recommended that the City Council approve Resolution rlol izia, wnich awirds a Public Works contract for the base bid scope to SOCEngineering lnc., the lowest' most responsible bidder, in the amount of $397,667.30. Approved as recommended.
Mavor Hepburn, on behalf of the City Council, presented a Proclamation orottaimido tne uonth of June 2022 as "Pride Month" in support of the L"iol"n, Civ, Bisexual, Transgender, and Queer (LGBTQ) community as they Jecrait ineiipriae in who they-are and whom they love and reaffirming the ciwi itrarea'vatues of cultural awareness, social inclusion, compassion' .. "qiitrl,
,.0 oir"iiiiy. Ryan Harrison; Susan Boyer; zandra Wagoner; and Julia wne6ier acceptea ihe iroclamation and thanked the City Council' Mavor HeDburn, on behalf of the City Council, introduced and congratulated newly promoted La Veme Police Supervisors, as follows:
cory has been with the City of La Verne since July
1994 and was promoted to Lieuten anl on January 1,2022. has been with the La Verne Police Department
since April 2005 and was promoted to Sergeant on APil10,2022. - Bradley has been with the La Verne Police
Department since April 2017 and was promoted on MaY 8,2022. - Jay
Seroeant irartin Weinreb - Martin has been with the City of La Verne since liffiooo *'d *as promoted to sergeanton Aptil24 ' 2022' Craig Walters on behalf of the Old Town La Verne Business lmprovement 6i"ti]a oi"""nt"O to the La Verne K-9 Police Foundetion a donation of $5'000 ;;; ih; pd;"i. of the 2022 Sip of La verne wine w.alk Expenditures by the OTLVBID of $5,OOO was previously approved by City Council' 25 July 18, 2022, City Council Meeting
Page No. 13
o.
City Council Minutes, Monday, June 20, 2022, Page 4-
Announcements of UPcoming
Community Events
7. Moment of Silence
Consent Calendar (APProval of
remaining Consent Calendar
Items)
Pulled from the Consent
Calendar
City Council Minutes
Pulled from the Consent
Calendar
Register of Audited Demands
George May, La Verne Library Manager, reported on the upcoming La verne Library programs.
Mayor Hepburn announced that several businesses have received business assistant grants and that the City was now accepting applications for the iousing {ehabilitation Grant Program. He spoke abou!-the recent murders of El Monie Police Officers Joseph Anthony Santana and Michael Domingo Faredes and that residents can donate to the families of the fallen police officers at Porac.org.
There was a moment of silence in memory of the fallen El Monte Police officers Joseph Anthony santana and Michael Domingo Paredes.
The following Consent Calendars items were pulled'
o City Council Minutes
o Register of Audited Demands
o PlanningCommission Reappointments
. Senior Advisory Committee Board Reappointments
o La Verne Citizen Oversight Committee Reappointment
The City Council Minutes was pulled by La Verne resident Richard Bowen' Mr. Bowen stated that the minutes should have reflected his statement of ;;qfiiilg adJitionat information on each of the annual agreements and that as of this date he has not received.
Pam Berry, La Verne resident stated that the comments of the residents snoutO also be reflected in the minutes. She referred to how the Council Comments are reflected in the minutes.
The city Manager responded that Mr. Bowen was emailed that more time was needed to respond to his records request'
The City Manager also responded to Ms. Berry's comment that the minutes were only action minutes.
It was moved by Davis, seconded by crosby, and unanimously carried to .ppior" in" CitV Corn.il Minutes otifre regutar and adjourned meetings of June 6, 2022, as received.
The Register of Audited Demands was pulled by La Verne resident Richard Bowen. Mr. Bowen asked for clarification for payment to chuze Fitness, Christine Jackson and Restaurant Supply'
The City Manager Russi responded to his questions'
Reoister of Audited Demanqsin th.e_amount of $1,693,155.35 dated May 12' @61.17 dated May 19, zozlril!9 amountof
Si,Oi+,gf S.58, dated M at1'26, 2022 and in the amount of $108,248.42, daled June 2, 2022, aPProval recommended'
8. 26
July 18, 2022, City Council Meeting
Page No. 14
City Council Minutes, Monday, June 20,2022, Page 5.
Pulled from the Consent
Calendar/
Planning Commission, Senior
Advisory Committee, and
La Verne Citizen Measure LV
Oversight ReaPPointments
Planning Commission, Senior Advisory Committee. and. the.La Verne citizen Mi""rrE Lv Or"oighi Reappointmenis was pulled by La Verne resident Danita Beauchamp.
Ms. Beauchamp stated that the reappointments to the City Committees should noi be made automatically and the reappointments should be tabled for the new Council Elect to approve.
La Verne resident Richard Bowen stated that he believed that the current Coun"it *". not allowed to vote on anything before the new Council elect is iniiairLo ano $'"t the reappointments ahould be tabled for the new Council Elect.
Mayor Hepburn and Council Member Carder responded to their concerns' It was moved by Crosby, seconded by Lau, and unanimously carried to approve the reappointments to the Planning-Commission, Senior Advisory Committee Boairi and the La Verne Citizen Measure LV Oversight Reappointments, as follows.
Commissioners Jason Simison, Thomas
- The current terms for Planning
Allison, and JeremY Conrad exPire
June 30, 2022. All three Planning Commissioners
continuing to serve on the Board.
have expressed interest in
- Terms for The
Citizen Oversight Committee Members KenY Chang and Jennifer Simison expired May 31, 2022. Both Mr. Chang and Ms. Simiso n have requested to remain on the Committee.
Community Development Director Scherer recommended that the City Council reaoooint iason Simison to his second and final term' and reappoint Thomas ntf ii6n anO Jeremy Conrad to their first full term, from July 1, 2022 to June 30' 2026 with the approval of the City Councll. Approved.
Senior Advisorv Committee Board ReqooqintrHnts---Terms.for George Bor"t, Je.ny J"lly, "nd
Terry Kistler expire June 30-, 2022' All three
"orritt"e
mem5ers wish to remain on the Senior Advisory Committee' Community Services Manager Duran recommended that the City Council iccept tn6 Senior Advisory Committee's recommendation to reappoint e;;G il"i, Jenny Jolly,
-
and Terry Kistler to serve two-year terms from July
1, 2or2 thtottgh June 30, 2024 - Approved.
citu Manaoer Russi recommended that the City Council reappoint Keny Chang ani Jinniier Simison to each serve a two-year term from June 1, 2022 ti;;rgh M;t 31, 2024 with the approval of the city council' Approved' 27 July 18, 2022, City Council Meeting
Page No. 15
City Council Minutes, Monday, June 20,2022, Page 6.
Pulled from the Consent
Calendar and Moved to Other
Matters/Resolution No. 22-34,
lnterim Fire Battalion Chief
Employment Agreement,
Greenway
Pulled from the Consent
Calendar/Resolution No. 22-35'
An Agreement with UCLA
Center for Pre-hosPital Care
Resolution No. 22-35, An
Agreement with ucLA Center
for Pre-hospital Care
Hearing to Determine Necessity
of Continuing the Utility Useis
Tax
It was the consensus of the City Council to move Resolution No' 23-34 A, tnt"ri. Fire Battalion Chief Employment Agreement to Other Matters on the Agenda.
La Verne resident Danita Beauchamp pulled Resolution No' 22-35, Agreement with UCLA Center for Pre-hospital Care.
Ms. Beauchamp questioned why AB 5 was brought to the City's aftention when it was passed about two Years ago.
Fire Chief Nigg resPonded.
It was moved by Crosby, seconded by Davis, and unanimously carried to approve Resolution No. 22-35, as follows:
- A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAVERNE, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, AUTHORIZING AN AGREEMENT WITH UCLA CENTER
FOR PRE-HOSPITAL CARE - The implementation of California AB-5 has rendered the Fire DePartment's current contract with our Nurse Educator invalid and the department is now in violation of Department of Labor laws. To rectify this, staff recommends approva I of an agreement with UCLA to conduct continuing education in prehospital and emergency medicine for Fire personnel
provide quality
patient care.
to maintain licensure as an EMT-Basic and Paramedic and improvement services to maintain or enhance the quality of 9 Fire Chief Nigg recommended that the City Council approve. Resolution N;. 22-35, aiinorizing the La Verne Fire Department to enter into an agieir"ni with the UbLA Pre-hospital ,EMS Educator -Program This plrtnir.hip will greatly enhance the delivery of our EMS Continuing Ea,i"itl".' and 6uality lmprovement prograhs to better meet the needs of our department, Couniy EMS standards, and the citizens that we serve' Apprcved.
citv Manaoer Russi reported on the Hearing to Determine Necessity of Utility a;r{ i;; He stated that the provisions bf ordinance No' 955 require an "nnu"f
t
""rlng
to determine the necessity o{ continuing the- City's Utility Use/s iri tUUrl. Tie City's proposed 2022-23 budgel fully utilizes. the Si,oob,oorj in UUT ievenue estimated for the fiscal year indicating thatthe [iii;;[ b"*.tinued. Staff recommended that the City Council maintain ilI b-nvt Uui iithe currentvoter approved rates based on the city's expected funding needs.
Mayor opened the public hearing and called for public comment' There was none.
It was moved by Crosby, seconded by Lau, and unanimously carried to ;;;irl; ti,;-c,iy't UUT at the curreni voter approved rates, based on the City's expected funding needs
28 July 18, 2022, City Council Meeting
Page No. 16
City Council Minutes, Monday, June 20,2022, Page 7
10. Consider Approval of the
ProPosed PartnershiP
Agreement with the La Verne
Chamber of Commerce for
2022-2023
Resolution No. 22-39,
Approving a PartnershiP
Agreement with the La Verne
Chamber of Commerce and a
Budget Appropriation of an
Additional $5,000
11. TemporaryEmployment
Agreement for lnterim Fire
Battalion Chief
Community Development Director Scherer reported on the proposed Partnershifr Agreement with the La Verne Chamber of Commerce for Fiscal Year 2o2d-23: He stated that the La Verne chamber of Commerce has submitted an updated Partnership Agreement for a 12-month term; July 1, ioiz ttrrough iune 30, 2022. Th6 Cnamber of Commerce is requesting a total financial su-bsidy of $45,000 over the 12-month term, an increase of $5,000 from previous yiars. ln return, the Chamber of Commerce will be taking over the hosting of iuture City Council candidate forums. The proposed Agreement also incluies renewal oithe lncentive-subsidy Program for Business necruitment up to $3,000, and the previously approved line. of credit' The City Council Ctram'Oer of dommerce Liaison Committee has reviewed the proposed agreement. They recommended approval of the agreement and to the increase of an additional $5000 in funding
Leah Skinner, Chamber of Commerce CEO, reported on the Chamber's past upcoming events and programs. She thanked the City Council for their continuei support of the Chamber and the business community' The City Council thanked Leah Skinner for all her hard work she does for the Chamblr and the business community. Council Members Carder and Lau, Council Liaisons to the La Verne Chamber of Commerce were also acknowledged for their work with the Chamber of Commerce.
Mayor Hepburn called for public commenl on this matter.
There was a public comment at the meeting. (To hear what was said during pJUtic commint, please visit the City's website to view the archived council meeting.)
It was moved by Lau, seconded by Carder to approveResolution No 22- eg- aoorovinq the La Verne Cham'ber of Commerce's Partnership Agreement' - *-ni.rilnirrJE" programs and funding for a twelve-month term-in-the amount of i'as,oOOirrO
"bprSving
an additional appropriation of the $5,000 increase in
tund fOfliOOOl, an lncEntive- Subsidy piogram for Business Recruitment with " "ost
not to eiceed $3,000 subject to Agreement provisions, and continuance otitre previousty approved line of credit not to exceed $10,000 from July I' 2022 through June 30,2023.
. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAVERNE, COU NTY OF LOS ANGELES, STATE OF CALIFORNIA,
AUTHORIZING A PARTNERS HIP AGREEMENTWITH THE LAVERNE
CHAMBER OF COMMERCE (FrscAL YEAR 2022-2023) AND A BUDGET APPROPRIATION OF AN ADDITIONAL $5,000.
Assistant to the City Manager Ranells reported on the temporary employment aoreement tor tnteiim Fire-Battalion chief. He stated that Fire Battalion chief i""r'ii oi"in*"v has retired from the City of La Verne effective June 15'2022' ,ti"i u"ino empioved bv the city for 20 y'ears. ln order to minimiz€ disruption t".ih;iilD;i"tt';entiesultinj from this loss of institutional and operational ino*l"ogl, th;City is interestjd in retaining his services until the end of the fiscal year.
Mayor Hepburn called for public comment on this matter' There was none.
29 July 18, 2022, City Council Meeting
Page No. 17
City Council Minutes, Monday, June 20, 2022, Page 8.
Resolution No. 22-34,
Approving an Agreement with
'Retired Annuitrnt' Kevin
Greenway for lnterim Fire
Battalion Chief Services.
12. Employment Agreement for
lnterim Finance Director
'13. Public Comment
14. Council Comments
It was moved by Crosby, seconded by Davis, and unanimously carried "rit'oriing
tne bity trita'niger to execute an agreement with Kevin Greenway to provide temporary, part{ime employment.
nssistant to the City Manager Ranells reported on the Employment Agreement ioilntoi, Employirent (Michael Yelton). He stated. that as-a..result of a ,rr*.V i" tt" fi.ance Department, the City and Michael-Yelton are desirous io
"ni"i
lnto an employmeht agreement pursuant to -California
Government'coai )li*Ol. Stiff recommenaed the city Council approve Resolution Ho. izJo,
"itnotizing
the City Manager to execute an agreement with
niCn"et y"tton to proiide inteiim, part{ime employment as lnterim Finance Director.
. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAVERNE, COU NTY OF LOS ANGELES, STATE OF CALIFORNIA'
AUTHORIZING AN AGREEMENT WTH'RETIRED ANNUITANT' KEVIN
GREENWAY FOR INTERIM FIRE BATTALION CHIEF SERVICES AND
AUTHORIZING THE CITY MANAGE R TO EXECUTE SAME.
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAVERN E, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
AUTHORIZING AN AGREEMENT WITH 'RETIRED ANNUITANT' MICHAEL
YELTON FOR INTERIM DIRECTO R OF FINANCE SERVICES AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAME.
Mayor Hepburn called for public comment.
There was one public comment. (To hear what was said. during public ;;;;;i, pl;#visit the city's w'ebsite to view the archived council meeting ) It was moved by Crosby, seconded by Davis, and unanimously carried to "ooior"
n"sorJtion tto. iz+0, authoiizing an agreement with "Retired liirit nl rrrLrt""l Yelton for lnterim Director of Finance Services and authorizing the City Manager to sign.
.A
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 Hepburn called for public comment'
There were public comments at the meeting (To hear what was said during pijiiir it-r-ri"t t, pllise visit the city's webiite to view the archived council meeting.)
Council Member Carder spoke about the city moring foMard.with a new city Council and City Manager and on the Fourth of July event activltles' Council Member Crosby wished everyone a belated Happy F-athefs Day and n-rJov irioe ltlonth. He spoke about ihe upcoming Mainiero Square project ;;ii'h; ;;.i";.; siven'bv La verne Police Department to the citv of El Monte.
Council Member Lau wished everyone a belated Happy Fathe/s Day' She.
Jj"rili"iiri itio" Month, Junete6nth National lndpendence Day and Garbis Memorial Garden Event
30 July 18, 2022, City Council Meeting
Page No. 18
City Council Minutes, Monday, June 20, 2022, Page I
'16. Cancellation of the July 5' city
Council Meeting
17 . Closed Session
Mayor Pro Tem Davis stated he appreciated. working-with the^current and past Ciii Councit. He wished everyone a belated Happy Father's Day' Pride Montn, and Juneteenth National lndependence Day'
Mavor HeDburn wished everyone a happy belated Happy Father's Day and Fride uodtn. He spoke about attending Garbis Memorial Garden Event, CfrimUer ot Comnierce lnstallation and Eagle Scout Ceremony and he gave an update on Gold Line.
Due to limited need, the July 5,2022 Council Meeting is Cancelled' The next Llutar meeting will be held on Monday' July 18,2022' at 6:30 p m' At 8:32 p.m., the City Council recessed to Closed Session for the following:
Negotiatcrs: City Manager, Personnel Officer, and City
Attorney.
La Verne City Employees Association, LaVerne
Police Officers' Association, La Verne
Firefighters' Association, La Verne Police
MiddE Management Association and all
unrepresented emPloyees.
Employee Organization(s):
The City Council met in closed session, pursuant to Government Code 554957' for the following Purpose:
PUBLIC EMPLOYEE APPOINTMENT. TNTERIM CITY MANAGER
18. Adiournmentatg:30p.m.inmemoryElMontePoliceofficersJosephAnthonysantanaandMichaelDomingo Paredes who were killed in the line of duty'
Respectfully submitted,
Lupe Gaeta Estrella, CMC
Assistant City Clerk
31 July 18, 2022, City Council Meeting
Page No. 19
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This page left intentionally blank
32 July 18, 2022, City Council Meeting
Page No. 20
Cl'lY Of l.A VI:RNE
REGIS]'EIT OII AI.JI)TIED DTjMANt)S
6l9l?-022
I)EMANDS PRIISIINI'ED HAVE BEFN APPROVED CONSIS]'IINT Wrt}l TFIE CITY'S PTJRCIIASING/'I;UNI)ING POLICY AND HAVE BEEN REVIEWED BY l'HE FINANCT] DIRIjC'IOR TOR ACCTJRACY AND PROPER APPROVAI,.
SUMMARY OF DEMANDS
LARGI]ST 10 CITY DEMAND PAYMEN'I'S OT}IER THAN PAYROLL AND RELATF;D tsENEFITS.
AMOUNT
g 4s6,%226
ISSIJLD TO.I'HREE VALLEYS MUNICiPAL WATER DISI"
DEPARTMENT OF HI]ALTH CARE SERVICES
CALIFORNIA FUELS AND LUBRICANTS
I,,N. CUR'TIS AM) SONS
S'IREAMI-INE AUTOMATION SYS'TEMS, LLC
JONES & MAYIiR
LINE GEAR
BRENN'IAC PACII:IC, INC.
UC RtrGIIN'IS
HI S'IANDARD AU'I'OMOTIVE, I,LC
OllIER I)EMANDS
DESCRIP'TION
APRIL2022 WATER USI,J
GEMI' SUPPLEMENI'N I, PROGRAM - FY I 4/I 5 & II Y 17 I I 8 GASOLINE FUEI-S & I.'EES -MAY 2022
PURCI{ASE OF IT SOFIWARE AND SUPPOR'I FOR THE I;IRE DEPARTMENI' PREVEN'IION SOr.-TWARIi FOR lllE FIRE DEPARTMF:NI'
MONTIILY RE'IAINER - JUNI:2022
ITIREFIGFITEIT UNIIIOITMS
CHI]MICAT,S AND CLEANING STJPPI,II]S IIOR'I'I{E WATER DEPAR'I'MI.]NT POLICE DEPARTMEN'I' TBW RESI:IRVATION - MAY 2022
IIQUIPMENT IIOR CIl'Y'S PATROI, UNI'I'S
l.
2. 3.
4. 5.
6. 7.
8. 9.
10. s 35,754.48
$ 25,707.s6
s 17,643.57
$ 8,526.00
$ 8,200.00
s 8,r35.13
s 8,067.71
$ 6,s12.40
$ 6,353.40
86,052.04
s 697,914.55
DEMANDS OF $1,229,329.76 WERE PAID FOR PAYROLL AND EMPLOYEE BENEITIT RELATED ITEMS.
DEMANDS OF 526.25I,70 WTJITE PAID ON BEHAI,F OI' LAIMPACT FOR LAW ENFORCEMENT TASK FORCIJ OPERATIONS.
L. PIJNDLT.]TON
DIRIJCl'OR
Page I of5
33 July 18, 2022, City Council Meeting
Page No. 21
CITY OF T,A VERNT]
REGIS'II]R OF AI.JDI'I'[I) DEMANDS - I]XHIBIT A
CTIECK NO. AMOLTNT ISSUED'fO
6/9/2022
r59681 S
t59682
I 59683
I 59684
I 59685
I 59686
r 59687
r 59688
l 59689
r s9690
r 5969 I
159692
159693
159694
I 59695
1s9696
159697
I 59698
r s9699
I 59700
l 5970 I
159702
I 59703
t59704
I 59705
I 59706
t59707
r 59708
I 59709
1597r0
ts97l1
1597 12
1597r3
1597 l4
1597 15
159716
1597 t7
159718
t59719
159720
159721
t59722
159723
t59724
159725
159726
159727
t59728
t59729
I 59730
159731
t59732
I 59733
159734
I 59735
49.61 837.68
1,000.00
39.23 500.00
58s.90
2,332.15
235.20
40.00 99.05
25,707.56
375.00
1,I 85.64
250.00
140.00
789.82
120.00
1,922.37
4,345.39
35,754.48
2,500.00
1,035.38
27.00 1,000.00
56.52 2,739.18
6 1 3.06
26.75 2.986.08
58.65 s8.65
240.00
6.353.40
1,916.00
1,187.29
2,332.83
2,230.43
55.00 8,200.00
56.00 730.75
23.06 12.00
203,17
190.00
1,950.09
20.00 8,1 35. 1 3
210.00
677.85
225.00
100.00
2.237.06
687.41
37 | .77
AARDVARK
ACTNOW SIGNS
AHALIYA SIVANANTTIAM
AIRGAS USA.I,LC.
N J'S EN'TF,R'|A INMEN'I
AII{ENS SERVICES
I}ADGE FRAML]
I}RI]AK TIMI] YOGA, I,I,C
I}URRO CANYON SHOOI'ING PARK
BURTON'S ITIRE,INC
CALIFORNIA ITUELS AND LUBRICANTS
CALIFORNIA PEST MANAGEMEN'|, INC.
CEDAR SPRINGS
CI-IRISTINI] I,AI}ESI]
CITY OF I-A VERNE RSVPS
COI.I,EY FORI)
COSTCO WIOLESALE MEMBERSI{IP
CUSTOM CRAITTFLOORING
DATAPROSE,INC,
DEPARTMEN'I' OF I]EAL'|I.I CARE SEITVICES
DONNY GOI-DBERG
I]KMAN, ROBBIN
ESTRELLA, JI]SSICA
DUFEMIO ESCALANTE
EVERSOFT
EWING IRRIGA'TION PRODI.JC'|S
FEDERAI. EXPRESS CORP.
ITINN, DAWN
FRONTILR COMMI.JNICAI'IONS
GI.JTIERREZ. MARK
IINRDEN, DI]VON
t]AROI.JTI.IN I AN, TODI)
HI STANDARD AU'|OMO'TIVE, LI-C
HINDERLITER, DE LLAMAS & ASSOCIAI'ES
TIIRSCH PIPE AND SUPPLY
HOLLIDAY ROCK CO.
INTELLI-TECI I
JINGJING T.U
JONES & MAYER
JULIAN, ADDIEL
KEYSI'ONI] UNIFORM DEPOT
KONICA MINOL'I'A BI.JSINIISS SO[,I.J'I'IONS
KYOCERA DOCUMENl' SOI,U'fIONS WI]S'f
LA VERNT] PII|I'Y CASH
LIEBER CASSIDY WI III'MORE
I,IFE.ASSISl'
LINDA WFIEELER
I-INE GEAR
I,ISA GAETA
I.OS ANGIJI-F]S TIMES
MCI.AY SI]RVICT]S, INC.
MIKE CRANDAI,I,
MORROW MI.]AI)OWS CORP
MO'IION PICTURE LICIJNSING CORP.
ODP BUSINI]SS SOLUIIONS, LLC
34 July 18, 2022, City Council Meeting
Page No. 22
CITY OF I-A VERNIJ
REGISTER OF AI.JDI'|EI) DI]MANDS . I]XHIBI'I'A
CIIIJCK NO AMOIJNT ISSUED'fO
6/912022
159736
159737
I 59738
1s9739
159740
t59741
159742
159743
159744
159745
t59746
159747
159748
t59749
1 59750
l 5975 I
159752
t59753
159754
1597 55
159756
1597s7
I 59758
159759
r 59760
t59761
t59762
159763
EFl'
EFT
EFT
ETT
EF'I'
IrFT
EITl'
EFT
El-'l-
DFT
Ill.'T
EFT
EFT
EFT
EIT'I-
IrFT
ETT'I'
I]FT
EF'f
EFT
EF'I'
EFT
EFT
EFT
EFT
14.00 20.00
100.00
15.00 6s.60
240.62
487.83
l ,l 92.00
2,119.50
24.t8
8,526.00
I ,l 70.55
1,000.00
1,295.38
303.00
149.55
42.40 1,295.08
6,512.40
100.00
3,524.70
60,00
r,084.38
28.00 2,297.88
1,843.47
754.97
1,20t.20
548.s0
203.96
2,000.00
125.00
8,067.71
549.77
I,050.00
616.00
5,420.00
802.54
t7,643.57
500.00
949.84
1.209.47
1,s00.00
735.00
563.38
299.55
752.47
r 80.00
486,962.26
468.25
2,226.86
168.40
3,149.74
POTTS, YASMINE
ROSIE GUADARRAMA
RYAN RUTI.IERFORD
S & J TOWING SERVICE, INC.
SANDERS LOCK & KEY
SANDERS TOWING,INC.
SATELLITE PFIONE S']'ORI]
SCMAF-SAN GABRIEI, VAT,I-EY
SIERRA PACIFIC ELEC. CON'I'RACl'lNG
SOUTTIERN CAI,IFORNIA EDISON
S'TREAMI-INE AUTOMA'I'ION SYS'I'DMS. I,I.C
T-MOBILE
]'HE COUNSELING TI]AM INTERNATIONAL
TOM'S MEN'S WEAR & LTNIITORMS,INC.
.IRANSI.]NION RISK & ALTERNAI'IVE DATA
TRILOGY MEDWASTE WEST, LLC
,|I.]RF STAR,INC.
I.J.S. POSTMASTER
UC REGENTS
VALERIE CONI]]RO
V[.]RIZON
VTIRIZON WIREI,ESS
WAXIE SANI'I'ARY STJI'PI,Y
WEAVER, DAVID
WELLS FARGO VENDOR FIN SEI{V
WM CORPORATE SERVICES, INC.
XEROX CORPORATION
YWCA SAN GABRIEL VALLEY
A. UPLAND FIRE PROI'ECTION
AMERICAI. GRAPI IIC SYSTEMS. INC.
ARAGON, RICI-INRI)
BEE REMOVERS
BRENNTAG PACITIC,INC.
COLLEGIATIi PRESS
D.F. POLYGRAPH
GIRON, ANTHONY
GREENSCAPE MAINTI'NANCI] SIIRVICES INC
INTERSTATE BAI*I'F,RY INI.AND VAI,LEY
L.N. CURTIS AND SONS
LAW ENFORCEMEN'T MEDICAL SERVICES
ORANGE LINE OII- COMPANY,INC.
POMONA'I.RIJCK & AI.J'I"O SI.JPPI,Y
POMONA VA LLI lY'l'l{AN S POR'l'A'f I Or- n UI IO R I'l'Y RKA CONSI.JI,TINC GROIJP
SI IORT I-OAD CONCRI]]'E
SUN BADGE CO.
SUPERION,I-LC
.TERRY'S TESTING,INC.
.|HREE VAI,LEYS MI.INICIPAL WATI]R DIST.
TUTCO INDUSI'RIES,INC
TURBO DATA SYSTEMS INC,
UNDERGROUND SERVICE ALERT OF SO CAL
WESTERN WATER WORKS
697,914.55
35 July 18, 2022, City Council Meeting
Page No. 23
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS - EXI-IIBI'I'A
CHECKNO. AMOUNT ISSUED 1'O
61912022
1,229,329.76
26,251.70
Total Demandr $ 1,953,496.01
Total Payroll and Employee Benefit Payments
Total LAIMPACT Demands
Payroll and Employee Benefit Payments:
159776
159777
159778
t59779
I 59780
r 5978 I
t59782
I 59783
159784
I s9785
159786
159787
PAYROLL
BANK DRAFT
BANKDI{AFT
BANKDRAFT
BANK DRAF'T
BANK DRAFT
I]ANK DRAFT
EFT
EFT
EFT
EFT
DtIT
EFl'
'l'otal
t.554.t2
3,305.48
11,746.02
480.00
r,350.00
6,633.49
156,427.36
83,238.53
I ,453.0 I
814.00
161.62
19.00 582,947.31
46,892.91
149,93s.4r
5,035.47
25,075.62
1,579.76
139,841 ,86
3,401 .3 I
731.65
100,00
2,586.25
2,269.58
AFI,AC
DELTA DENTAL INSURANCE COMPANY
DELTA DENTAL. (0020785555)
CITY OF LA VERNE EMPLOYEE FTJND
FIDELITY INVESTMENTS #P0754
TIIE HAKITORD-PRIORITY ACCOTINI'S
HEALTI] NF]T
KAISER FOUNDATION I{EALTH PI-AN
METLIFE - GROUP BENEFITS
NEWMAN CO., A.C.
REYES, HEATHER
UNITED WAY CAMPAIGN
CALIFORNIA, STATE OF'
CALIFORNIA, STA'TE OF
MASSACHUSET'|S MUTUAL LIFE INS ROTH
MASSACHUSETTS MUTUAL LIFE INSURANCE
S'I'ATE DISBI.JRSEMENT I.INI'I'
UNITED STATESTREASURY
CHARLES SCI{WAB BANK
WAGEWORKS INC.
WAGEWORKS.ADMIN FEE
t,A VERNE TIIRE ASSOCIATION
LA VERNE POLICT' OFITICERS ASSOC.
RUSSI, CIIRISTINA
Break down ol' standard
Provider
750.00
$ 1,229,329.76
providers and the benefits they provide
Benefits Descrintion
A.C. Newman Co.
Delta Dental
'Ihe Hartford
Health Net
Kaiser
Wage Works
US'l'reasurey
State of California
Mass Mutual A
Mass Mutual B
Mass Mutual Roth
Lincoln National
Fire/Police/La Verne
Accidental Death Life Insurance
Employee dental insurance covel'age
Life Insurance Policy
Employee health insurance
Employee health insurance
Flexible Savings Account (FSA) deductions
Employee federal tax withholdings
Employee state income tax, unemployment insurance and child support/garnishments 401A plan
4578 plan
Roth plan
Replacement Social Security plan
Employee Group Dues
LAIMPAC'| Law E,nlorcement'la^sk Force Demands
159764
15q166
I 59767
I 59768
100.00
r,099.00
2.350.00
28.55 CERVANTES, I{OBER
CI{ARTER COMMLINICAI'ION S
CODTJ 5 GROUP,I-I,C.
FEDERAI- I]XPRI]SS CORP.
,I'
36 July 18, 2022, City Council Meeting
Page No. 24
CITY OF LA VERNT-]
REGISTER OF ATjDII-ED DEMANDS . EXIIIBI'I'A
CIIECK NO, AMOTJNT ISSUED 1'O
61912022
159769
159771
159772
t59773
t59774
159775
MULTIPLE
Total
165.00
l,r 0s.8l
2,358.72
I12.00
451.42
281.20
18,200.00
FOOTHILL COMMUNICATIONS, INC
MALLORY FIRE
ROTORCRAFT SUPPORT, INC.
SOUTHLAND SHREDDING, INC.
STAPES BUSINESS CREDIT
.|RANSLINION RISK & ALTERNAI'IVIJ DATA
LAI ENFORCEMENT OPERA]]ONS
$ 26,251.70
LAIMPACT demands are paid from federal asset forfeiture dollars allocated to LAIMI'AC'I'crime prevention activities. These funds are not City funds and are not available for City use outside of LAIMPACT activitics.
37 July 18, 2022, City Council Meeting
Page No. 25
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS
ilt6no22
DEMANDS PRESENTED HAVE BEEN APPROVED CONSISTENT WITH THE CITY'S PURCHASING/FUNDING POLICY AND HAVE BEEN REVIEWED BY THE SENIOR MANAGEMENT ANALYST FOR ACCURACY AND PROPER APPROVAL.
SUMMARY OFDEMANDS
LARGEST IO CITY DEMAND PAYMENTS OTHER THAN PAYROLL AND REI,{,TED BENEFITS.
AMOUNT ISSUED TO DESCRIPTION
l.
2. 3.
4. 5.
6. 7.
8. 9.
10. ALLAMERICAN ASPHALT
INTER-CON SECURITY SYSTEMS, INC.
GENERAC POWER SYSTEMS, INC.
BEBE'S FAMILY HAIR DESIGN
GET A HAIRCUT
RED PERSIMMON SPA & NAIL
RICCIOIO SALON, INC.
BRETHREN HILI,CREST
CJPIA EXCESS POOL
RKA CONSULTING
OTHER DEMANDS
$ 2239UA1
DEMANDS OF $I9,I05.08 WERE PAID ON BEHALF OF LAIMPACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS.
IN ACCORDANCE WTIH CODE SECTION 37202, I HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE REGISTER OF AUDITED 34,603.65
I 3,550. I 9
t2,326.51
10,000.00
10,000.00
10,000.00
10,000.00
9,608. I 3
9,294.20
6,374.50
98,207.23
RETENTION - MAY 2022
PARKING ENFORCEMENT SERVICES. MAY 2022
LED LIGHT TOWER CONTRACT. MAY 2022
SMALL BUSINESS RESCUE GRANT PROGRAM (ARPAI -202012021 CALENDAR YEAR SMALL BUSINESS RESCUE GRANT PROGRAM (ARPA\ -2O2OI2O2I CALENDAR YEAR SMALL BUSINESS RESCUE GRANT PROGRAM (ARPA).2O2OI2O2I CALENDAR YEAR SMALL BUSINESS RESCUE GRANT PROGRAM (ARPA) -2O2OI2O2I CALENDAR YEAR PLANNING DEPOSIT PROJECTS REFUND - JANUARY-MARCH 2022
CJPIA CLAIMS BALANCE .MAY 2022
ENGINEERING SERVICES - APRIL 2022
v
MANAGEMENT ANALYST
Page I of4
38 July 18, 2022, City Council Meeting
Page No. 26
CITY OF LA VI]RNE
REGISTER O}- AI.JDITED DEMANDS - EXHIBIT A
CHECK NO. AMOUN'T ISSUED TO
6/1612022
159789
159790
t59791
159792
t59793
159794
159795
159796
159797
159798
1s9799
I 59800
I 5980 r
I 59802
I 59803
r 59804
I 59805
I 59806
I 59807
I 59809
1598r0
15981 I
1598r2
t59813
159814
159815
r59816
159817
159818
1598r9
I 59820
I 5982 I
159822
t59823
t59824
I 5982s
t59826
t59827
r5982tr
I 59829
I s9830
I 5983 I
I 59832
r 59833
I 59834
I 59835
I s9836
t59837
r 59838
I 59839
r 59840
r 5984r
159842
l 59843
159844
I s9845
$ 1,200.00
34,603.65
140.00
9s.00
100.00
10,000.00
1,950.00
9,608.13
129.37
s59.00
28.00 352.00
75.00 239.96
380. r 3
48.42 227.50
7l 0.00
145.00
6s.00
377.37
89.00 50.25
374.00
r t 7.00
2,402.64
r 80.00
51.14 7.00
142.n
39t.7s
3,285.00
12,326.51
r 0,000.00
158.09
1.066.18
3.176.70
643.27
2.407.83
250.00
r,073.56
285.00
I2.00
2,000.00
269.89
50.00 758.09
19.3s
I,755.00
750.00
19s.00
100.00
250.00
28.00 100.00
2,919.00
A & J RICH'S CLEAN SERVICE COzu'.
ALL AMERICAN ASPHAI,'|
ALL PURPOSD DOCUMENT DES'TRUCTION
ANGELA I,AI
BEATRIZ ORANTES
BEBE'S FAMILY HAIR DESIGN
BOSSIEUX, ANDRE
BRETHREN HILLCREST
CALIFORNIA POOI.MAN
CALIFORNIA, STATE OF
CAMBERO, FRANCISCO .IR.
CARLI CNS'I'II.LO
CATHY KEN'T
CT IARTER COMMIJNICA'|IONS
CHAR'IER COMMUNICATIONS
CI.IINO VALLI]Y ACOUS'I'ICS
CITY OF LA VERNE RSVP'S
COPWARE,INC.
CPCA
CYNTHIA SIGUENZA-ROACTI
DANIELS'TIRE SERVICI:
DIRECTV
DON BAJA GRILI.
DONNOE & ASSOCIATES INC.
EAH INC., TRUST ACCOT]NT
ECONOLITE SYSTEMS, INC.
ERIKA GAUGER
FACTORY MOTORPARTS
FAVIOLA MONTOYA
FOOTHILI. BUILDING MATERIALS
I:OLINDAIION FOR CROSS-CONNEC'| ION
F'RONTIER COMMLINICATIONS
GENERAC POWER SYSTEMS. INC.
GI]T A HAIRCI.J'T
GOI.DTiN S]'N'[E WN'|ER COMPANY
I IERI'IAGII DI]SIGN BI.JII.D & CONSI.JI,'I'ING
I II STNNDARD AI.JTOMOI'IVIJ, I,I,C
HOI-I,IDAY ROCK CO.
INLAND EMPIRE STAGES, L]'D.
IV JUICE BAR
J.G. TUCKER & SON
JOYCE ASHWORTH
KYOCERA DOCUMENT SOLi]TIONS WTJST
I.A VERNE PE]TY CASH
I.A VERNE POLICE DI]PARTMENI'
I,IZARDI, AI,EJANDITO
t,owE's
MI] RIGHT, LLC
MNS ENGINI,E,RS,INC.
MODERN MAYIIEM SWEETS
NANCY I]I.JRKS
NOGA I]OI.OCK
NORM'S HANGAR COF'FEE SHOP
NORMA ROZIER
OLD WORLI) GERMAN RESTAURANI'
PARADIST] EMBROIDERY & SCREEN PRINT
39 July 18, 2022, City Council Meeting
Page No. 27
CI'TY OTJ I,A VT]RNE
REGIS'I'I]R OF ATJDITED DEMANDS - EXHIBIT A
CHECKNO. AMOLINT ISSUED TO
6lt6/2022
I 59846
159847
I 59848
I 59849
r 598s0
I 5985 I
I s9852
r 59853
r 598s4
I 598s5
I s9856
l 59857
I 59858
I 59859
r 59860
I 5986 I
159862
I 59863
r s9864
r 59865
I s9866
t59867
I 59868
BANK DRAF'T
EF]'
EF''t'
EIT'f
EFT
EITI'
F]F]'
EF'f
EFT
EI;'f
EFT
EFT
EFT
EFT
EFT
EFT
EFT
DI."I
EF'I'
EF'I'
EFl'
EFT
EFT
55.00 100.00
10,000.00
r0,000.00
I I8.00
8.7 t
481.24
I 15.07
20.00 4,765.00
464.82
82.73 50.00
55.00 6,218.60
1,139.79
2,443.75
3,496.00
4,747.t3
I ,01 8.75
19t.25
457.55
906.64
2,123.95
r37.86
289.36
r,828.06
9.294.20
726.s5
4.1 89.50
s.608.00
160.37
2,750.00
1,847.25
I,04s.08
13,550.19
6,360.20
446.50
6,374.50
I ,I 50.00
3,732.35
t29.79
1,795.00
20.19 90.00
4,663.59
223,964.41
r 9. r 05.08
'fotal Demand: $ 243,069.49
LAIMPAC'| [,aw Dnforcement'[ask Forcc Dcmands
QIANWANG
RANDAL STI]PP
RED PERSIMMON SPA & NN II-
RICCIOt,O SNLON,INC.
I{OSSF]I,I,Y RIOS
SANDDRS I,OCK & KI]Y
SANDERS TOWING,INC.
SAVAGE, HOt-I,IE
SIBIN ZHANG
SIERRA PACI}'IC ELEC. CONTRAC'|ING
SMART & FINAL IRIS CO.
SOUTHERN CALIFORNIA EDISON
STATE WATER RESOI.]RCES CONTROI, BOARD
STEPHEN FARRAR
SUPERIOR COURT OIT CA, COI.JN]Y OIT I,.A.
STJZANNE EDWARDS
THR COUNSI]I,ING'TEAM IN'I]]RNA'I'IONAI,
'ItllRD STRIit:l'l' WINE SI'IOP
TPX COMMI.INICATIONS.fRIPEPI SMI]II
UNIVERSITY OF I.A VIJRND
WALTERS, CRAIG
4IMPRINT,INC
CINTAS
ALL STATE POI,ICE EQUIPMENT CO.
AMAZON CAPI'|AI, StiRVICK]S, INC.
CALIBER COMMERCIAI. POOI, STjRV ICIi
CJPIA I]XCIiSS POOI,
COI.JRII]R PRINI'ING, INC.
D & t} POWER N SSOCIA'I'I]S
I]NVIRONMI]N]' CON'I'ROI, PTJIJNI'Ii I I I I,I,S
GRAINGER
GREDNSCAPE MAINI'I]NANCE SERVICI'S INC
HACH COMPANY
HASA,INC.
INTER-CON SECURITY SYSTEMS, INC.
KIDZ I,OVE SOCCER
OFFICE SOI-UTIONS
RKA CONSULI]NG
RPW SERVICES,INC.
SOU'|I.II]RN CALIF'ORNIA I.]DI SON
SI.JN BADGII CO.
SWAGIl' PRODIJCI'IONS, I,I,C
THE SAUCE CREATIVIi SERVICES
TIIREE VAI,LEYS MTINICIPAL WAl]'R DIST.
WESTERN WATER WORKS
Total LAIMPACT Demands
r 59869
I 59870
159872
358.72
201.77
5,685.13
CBI] I,OS ANGtil,ES
cEr.L BUSTNESS EQr.JrPMr-lN'r'
CITY OF PASADENA
40 July 18, 2022, City Council Meeting
Page No. 28
CITY OIT I,A VERNE
REGISTER OIT AUDIII]D DEMANDS - EXHIBTf A
CHECK NO. AMOLTNT ISSUED TO
6116t2022
159873
159874
I 5987s
159876
I 59878
159879
MUI-TIPLE
l'otal
605.00
s79.00
150.00
333.48
300.00
4,821.98
6,070.00
DYNAMIC METFIODS
FOOTHILL COMMLNICATIONS, INC
FOOTHILL COMMLINICATIONS, INC
FOOTHIT,I, COMMLINICATIONS, INC
NUWAY JANII'ORIAI, SERVICES
VERIZON WIRELESS
LAI ENFORCTIMEN'| OPERATIONS
$ r 9,r 05.08
LAIMPACT demands are paid from federal asset forfeiture dollars allocated to LAIMPACT crime prevention activities. These funds are not City funds and are not available for Ciry use outside of LAIMPACT activities.
41 July 18, 2022, City Council Meeting
Page No. 29
CITY OT I,A VERNI:
REGISTER OT AIJDITED DTJMANDS
6n3/20?-2
DEMANDS PRESENTED HAVE BEEN APPROVED CONSISTENT WITH THE Cl'l'Y'S PIJRCIIASING,{:UI.,II)II*G POl,lCY ANI) HAVE BEEN REVIEWED BY THE SENIOR MANAGEMENT ANALYST FOR ACCURACY AND PROPER APPROVAI,.
SIJMMARY OF DEMANDS
LARGEST IO CI'I'Y DEMAND PAYMENTS OTI{ER TI-IAN PAYROLL AND RT]I-A'I]'I) I]DNIJ}'TIS, AMOUNT-$ r6r,615"00
ISSUED'I'O
CORE & MAIN, T,P
GREENSCAPF] MAIN|ENANCE SERVICF,S INC
U.S. BANK CREDIT CARD
SAN GABRIEL VALLEY COUNCIL OI: GOV'T
GRIGOI,LA & SONS CONSTRUCTION CO. INC
.TTIE SAUCE CREATIVE SERVICES
POMONA, CITY OF
MNS ENGINEERS, INC.
LA VERNE CONSTRUCTION
WEST COAST ARBORISTS, INC.
OTHER DEMANDS
DI]SCRIP'IION . -MASTER WATER I'",IH]]T PEIT P'{OPOSN', CIl'YWIDE MONTI-ILY MAINTENANCIj. JUNE 2022
CITY CRIIDIT CARD PURCI{ASES - MNY 2022
FY 2022-2023 ANNUAI, DUES MI]MBERSHIP
INSTALI,ATION OF NEW DRIVI] WAY AT FIRE STATION #2
SI.JMMI]R BROCI{URI]S FOR'I] IE CITY
LANI)I]ASI; AGRT,;I]MI;N'I - MAITCI I 5, 2022-APRII, 29, 2022 PROITI;SSIONAL SI;RVICI:S -.lANtrAItY & n I'R11.2022
CIl'Y IIAI,I, ADMINISI'RA]'iON OIIIJICI] RI;NNOVAl'ION
MAINI] iNANCFI SIIRVICI]S - MARCI I 2022
l.
2. 3.
4. 5.
6. 7.
8,
9. 10.
s 28,623.04
$ 25,544.83
$ l8,l 19.73
$ 18,060.00
s t7,149.46
s 1s,377.46
s 15,222.50
$ 14,525.00
s 10,991.29
86,458.45
$ 41,696.76
DEMANDS OF $873,183.76 WERE PAID FOR PAYROLL AND EMPLOYEE BENIIIIII'RI]LATED TTEMS, DEMANDS OF SO.OO WERE PAID ON BEHALF OF LAIMPACT FOR LAW ENFORCI'MENT TASK I.'ORCE OPTjRA'I'IONS.
IN ACCORDANCE WITII GOVERNMENT CODE SECTION 37202, I T{EREBY CERI'IFY'I'HA'T ]]ilS IS A TRIJIJ AND ACCURATE REGISTER OF AUDI'I'ED DEMANDS.
ANAI-YS'T
42 July 18, 2022, City Council Meeting
Page No. 30
I
crrY oF rJ ur**.
neclsrelPF AUDTTED DEMANDS - ExHrBrr A
CHECK NO. AMOIJNT ISSIJI]D'fO
6/23t2022
r s9880 $
l 5988 r
I 59882
I 59883
I 59884
I 59885
r s9886
I 59887
I 59888
1 59889
I s9890
I 5989 I
159892
I 59893
I s9894
I 59895
l s9896
I 59897
I 59898
r 59899
I 59900
I 5990 l
159902
I 59903
r 59904
I 59905
I 59906
ts9907
r 59908
r 59909
159910
I 5991 I
t59912
1599r3
159914
159915
1599r6
159917
159918
159919
159920
r59921
159922
159923
1s9924
t59925
159926
159927
1s9928
159929
I 59930
I 5993 r
ts9932
I 59933
159934
82.r3
2,137.55
439.96
309.04
55.00 559.65
299.95
1,052.89
40.00 r 10.00
I 18.00
500.00
112.99
1,548.33
65.00 800.00
55.00 1,873.00
407.00
2,328.32
774.00
2,609.85
55,s4
71 0.00
357.38
988.07
18,060.00
38.75 38.75
17.84 2,618.28
50.08 6s.00
100.00
129.00
185.00
1,249.50
82.00 464.s0
315.7r
100.00
180.00
100.00
r r 0.00
58.00 275.00
230.00
15,22250
r00.00
210.00
r 00.00
18.75 15,377.46
s00.00
145.50
ACP PUBLICATIONS & MARKli'l'ln\(i
ADOLPH KIEFF,R AQI.JATICS
ADVANCED EQI.JIPMENT CORP.
ALL STAR GI-ASS, INC.
ANNA JAURE
ATKINSON, ANDELSON, LOYA, RUT]D & ROMO
BAB STEERING HYDRAULICS, INC.
BLOOMINGVIEW
BRITAIN SEMAIN.I]OMMART|O
BRI]TANY SORNBORGTJR
CAMILA GONZAI,I]Z
CHRISTINE LABESI I
COLANTUONO, LIIGTISMI'IH & WIIA'I'I,IiY, PC
COLLEY FORT)
CYNTI.IIA SIGUENZA-ROACH
DEAM SIMONE
DEBRA OLIVER
DEPARTMENT OI; JUS'|ICE
DONNOE & ASSOCIA'|ES INC.
EAN SERVICES,I,I,C.
EMPLOY AMERICA
EWING IRRIGA'|ION PRODTJC'|S
ITI]DERAL EXPRT]SS CORP.
I;OO]I{ILI, COMMUNICAT IONS. INC
I;RONTIER COMMI.JNICAI'IONS
GOLDEN STATI] WA'|F]R COMPANY
GRIGOLLA & SONS CONSTRUC-|ION CO.INC
IIARWOOD CREATIONS, DBA TICI
I-IBA INCORPORAI'DI)
HIRSCH PIPE AND SUPPLY
HOME DEPOT CREDI'I SERVICES
IPERMIT
JASON JONES
JORGE ROSA JR.
KIMNGUYEN
I-AUREN BARRIGA
I,EAGUE OF CNLIFORNIA CI'I'II'S
LEANNE SMII]I
LIFE.ASSIST
I-INE GEAR
LUPE KENDALL
I.WD INC.
MAILI HIGASHIYAMA
MARIA BAI,VANIiRA
MARY JOY S'I'APT,[iI'ON
MCKINI-EY [iLEVAl'OR CORP.
M II.,LICEN'T SP[.]NCI.]R
MNS I]NGINIIERS,INC].
NADINE PENCI]
NANCY LEWIS
NATALIA CARRASCO
PAR WESTERN LINE CONTRACTORS
POMONA, CITY OF
RAYFORD BERRYMON
REGIONAL TAP SERVICE CENTER
PagcZof 4
43 July 18, 2022, City Council Meeting
Page No. 31
CITY OF'LA VERNE
REGISTER OF AUDITED DEMANDS - EXHIBITA
CHECK NO. AMOUNT ISSUED TO
612312022
I 59935
159936
159937
r 59938
159939
159940
t59941
159942
159943
159944
159945
t59946
t59947
I 59948
159949
I 59950
I 5995 I
BANK DRAI?'f
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EF'1'
EFl'
EFT
EFT
EFT
EF'T
EFT
EF'I
EF'f
EFT
70.00 736.31
l 8,l 1 9.73
249.50
2,079.00
2,465.91
300.00
r 60.00
2 r 0.00
572.05
3,650.00
53.50 2,060.92
7,875,00
t 35.00
65.00 2t9.95
25,544.83
247.00
922.77
1,949.61
9,009.59
138.90
161,625.00
28,623.04
1,470.10
1,127.30
153.86
81.74 10,143.00
14,525.00
400.00
6,887.40
756. l 0
5,155.29
1.243.34
17,149.46
10,991.29
4t 1,696.76
873,183.76
Total Demandr $ 1,284,880'52
Payroll and Employee Benefit Payments:
SAFESHRED COMPANY, INC.
SAM'S CLUB/SYNCI IRONY I}ANK
SAN GABRIEL VAI,I,EY COI.JNCII, O GOV"T
SOLIS, AUSl'IN G.
SOUTHERN CAT,IF. RI]G. ITAII, A(J'I'II.
STAPLES CRIIDTf PI,AN
STATE WATER RESOURCTJS CONTROI- BOARD
SUNLAND TIRE OF LA VERNE, INC.
SUSANBENTON
TASK FORCE TIPS, INC.
THE COUNSELING TEAM INTERNA'I'IONAL
TOM NAT CO.iIIJOP 79I
TOM'S MEN'S WIJAR & TJNIITORMS, INC.
TRIPEPI SMI'I'II
]'URNOtJ'f Mn INIINANCIi COMPAT..Y. Ll.C
VIJRIONICA 'I'ORRI]S
WAXIE SANII'ARY SUPPI,Y
U.S. BANK CRDDTI'CARI)
A. UPLAND FIRE PRO'I]]C1'ION
ALL STAR FIRE EQUIPMENI'
BRENNTAG PACIFIC,INC.
CALIFORNIA LANDSCAPE & DESICN
COLLEGIATE PRESS
CORE & MAIN, I,P
GREENSCAPE MAIN1'LiNANCTi SIIRV ICIiS INC
HARRINGI'ON INDIJSI'RIAI, PI,N S'II ('S. I,I,C
I{ASA,INC.
INTERSI'A1'I' I}A'I"I'I]RY INI,NND VN t,I,I;Y
KRONOS INCORPORATT.]D
L.N. CURI]S AND SONS
LA VERNE CONSI'RUCTION
MARTIN SCHERER EI,I]C'I'RIC, INC.
MLNISERVICES
POMONA TRUCK & AUTO SUPPLY
SALT WORKS, INC.
SOUTH COAST IIMERGENCY VEHICI,Ii SVCS
TTIII SAI.JCIi CRIiNI'IVIi SDIIVICI'S
WIJST COAS'I' ARI}ORIS'I'S. INC.
Total Payroll and Iimployee Ilencflt Pavmcnts
Total LAIMPAC'| Demands
159952
I 599s3
I 59954
I s9955
PAYROLL
BANK DRAFT
BANK DRAFT
BANK DRAFT
I}ANK DRAFT
T]ANK DRAFT
s00.00
1,350.00
238.24
t 9.00
522,675.88
I I 1,738.68
36,829.23
t,579.76
150,896.86
2s,1s3.45
CITY OF LA VERNE EMPLOYEE FUNI)
FIDELITY INVESTMENTS #P0754
REYES,I]EA]'HER
LTNITED WAY CAMPAIGN
LTNITED S]'A'I'IJS TRT]A SU RY
S]ATE OF CALITjORNIA
STATE DISBURSEMEN'I' BDOOO5689
STA]E OF CAI-IFORNIA
MASSACHUSETTS MI.-J'I-I.]AI., LII:E INSI.JRNNCE
44 July 18, 2022, City Council Meeting
Page No. 32
CITY OF LA VERNE
REGISTER OF'AUDITED DEMANDS . EXHIBIT A
CHECKNO. AMOUNT ISSUED TO
6t23/2022
BANK DRAFT
BANK DRAFT
EI-'1'
EI."I'
EF'T
EF'I
EFT
Total
4,996.92
6,4t2.62
3.455.64
73t.65
2,586.25
2,269.58
1,750.00
$ 873, I 83.76
MASSACHI.JSETTS MUI'I.JAI, I,I I]IJ IN S RO'I'I I
MASSACHUSE'|TS MI.JTIJN I, LIF}] IN S I.J ITN NCE
CHARLES SCHWAB I]NNK
WAGEWORKS INC.
LA VERNE FIRE ASSOCIA1ION
LA VERNE POLICE OFFICERS ASSOC.
RUSSI, CHRISTINA
Benefits Descrintion
Break down of standard providers and the benefits they provide Provider
A.C. Newman Co.
Delta Dental
The I-lartford
Health Net
Kaiser
Wage Works
US Treasurey
State of California
Mass Mutual A
Mass Mutual B
Mass Mutual Roth
Lincoln National
Fire/Police/La Verne
LAIMPACT Law Enforccmcnt'l'ask Irorce Dcmands
Accidental Death Life Insurance
Employee dental insurancc coverage
Life Insurance Policy
Employee health insurance
Employee health insurance
Flexible Savings Account (FSA) deductions
Employee federal tax withholdings
Employee state income tax, uncmployment insurance and child support/garnishments 40lA plan
4578 plan
Roth plan
Replacement Social Sccurity plan
Employec Group Dues
MULTIPLE
Total
LAI ENFORCEMENT OPERATIONS
LAIMPACI'demands are paid from federal asset forfciture dollars allocatcd to Ln livll'}AC'l'crimc prcvcntion activitics. 'l'hcsc lunds are not City funds and axe not available for City use outside of LAIMPAC'I'activitics. $
Pagc 4 ol' .1
45 July 18, 2022, City Council Meeting
Page No. 33
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS
6R0D022
DEMANDS PRESENTED HAVE BEEN APPROVED CONSISTENT WTIH THE CITYS PURCHASING/RJNDING POLICY AND HAVE BEEN REVIEWED BY THE SENIOR MANAGEMENT ANALYST FOR ACCURACY AND PROPER APPROVAL.
SUMMARY OF DEMANDS
LARGEST IO CITY DEMAND PAYMENTS OTHER THAN PAYROLL AND REI.ATED BENEFITS.
AMOUNT ISSUEDTO DESCRIPTION
l.
)
J.
4. 5.
6. 7.
8. 9.
10. 237,886.93
20,273.75
15,279.64
13,205.00
12,346.s3
9,824.s0
9,248.97
9,061.60
8,245.00
7,507.15
97,03s.81
WASTEMANAGEMENT
CIVILTEC ENGINEERING, INC.
I.JMTED WATER WORKS, INC.
ELIZABETH ROMERO
L.N. CURTIS AND SONS
JONES & MAYER
REFUSE SERVICES - MAY 2022
PROFESSIONAL SERVICES - JUNE 2022
SUPPLIES FOR THE WATER DEPARTMENT
RED CROSS LIFEGUARD & FIRST AID COIJRSES - JI.'NE 2022
SUPPLIES FOR THE FIRE DEPARTMENT
PROFESSIONAL SERVICES. MAY 2022
VEHICLE MAINTENANCE FOR FIRE TRUCK
1959 SURVIVOR BILLING - JUNE 2022
MULTI-FORCE DOOR FOR FIRE STATION 3
SOFTWARE SUPPLIES AND SERVICE FOR POUCE
PERFORMANCE TRUCK REPAIR, INC.
CALPERS
FIREHOUSE INNOVATIONS CORP
INSIGHT P1JBLIC SECTOR, INC.
OTHERDEMANDS
$ 439,914.88
DEMANDS OF $5,186.55 WERE PAID ON BEIIALF OF LAIMPACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS.
IN ACCORDANCE WITH GOVERNMENT CODE SECTION 37202, I HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE REGISTER OF AUDITED
MANAOEMENT YST
Page I of4
46 July 18, 2022, City Council Meeting
Page No. 34
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECKNO. AMOUNT ISSUED TO
613012022
159956 $
r59957
159958
1599s9
159960
ls996l
r59962
1s9963
t59964
I 59965
r59966
1s9967
l 59968
t59969
ts9970
ts997t
r59972
159973
159974
159975
159976
r59977
1s9978
1s9979
159980
l 59981
159982
r 59983
l 59984
I 59985
r 59986
r59987
l 59988
rs9989
159990
159991
1s9992
ts9993
ts9994
r59995
1s9996
159997
l 59998
1s9999
160000
160001
160002
160003
160004
160005
r60006
160007
160008
r60009
160010
16001 I
976.81
202.86
20.00 195.00
641.99
3,392.46
37.80 1,356.08
172.54
1,015.54
s50.00
20.00 5,184.49
375.00
9,061.60
275.00
1,929.00
50.00 377.56
I10.00
s7.00
20,273.75
2,637.39
l,9l l.3l
57.00 1,000.00
400.00
13,205.00
84.00 98.52
47.35 8,245.00
2,187.14
421.99
8s8. l 5
165.00
1,133.13
1,916.67
21.76 7,507.15
I l.6l
210.00
700.54
9,824.50
48.00 23.68
541.00
168.00
5,000.00
286.81
100.00
I14.00
3,718.00
3,843.95
1,389.00
1,100.00
ALBERTSONS/SAFEWAY
ALCOTARGETCO.
AMERICAN NATIONAL INSULATION
AMERICAN TANK TESTING
AT &T
AT&TMOBILITY
ATHENS SERVICES
ATKINSON,ANDELSON,LOYA,RUUD & ROMO
AXON ENTERPRISES,INC.
BADGEGRAME
BIEDERMANN, REBEKAH
BURRO CANYON SHOOTING PARK
CALIFORNIA HEALTH & SAFETY, INC.
CALIFORNIA PEST MANAGEMENT, INC.
CALPERS
CAPIO
CARE AMBULANCE SERVICE, INC
CARIERAJKUMAR
CHARTER COMMUNICATIONS
CHRISTINENAGUIB
CHRISTYLYNNDAY
CIVILTEC ENGINEERING, INC.
COUNTY OF LOS ANGELES
COUNTY OF LOS ANGELES
DARLENE A. MARTINEZ
DESIREEMOUSER
DESIREEMOUSER
ELIZABETH ROMERO
ENGTNEERING NEWS - RECORD
FEDERAL EXPRES S CORPORATION
FIGUEROA, STEVE
FIREHOUSE INNOVATIONS CORP
FOOTHILL COMMUNICATIONS, INC
FRONTIER COMMUNICATIONS
GRAY, JANELLE
HEDRICK FIRE PROTECTION
INLAND EMPIRE STAGES, LTD.
INLAND VALLEY HUMANE SOCIETY
INNOVATION AND TECHNOLOGY DEPT.
INSIGHT PUBLIC SECTOR, INC.
INTEGRITY GENERAL ENGINEERING
JENN TIMMERMAND-ELFTMAN
JENNIFERELFTMAN
JONES &MAYER
JULIERTA BAUTISTA
LAURIE KIRK
KRISTINMIKULA
KRSTINE E. GIBBS
LA VERNE K-9 & POLICE FOTINDATION
LEEPER, CORY
LEILALOPEZ
LIEBERT CASSIDY WHITMORE
LIFE-ASSIST
LINE GEAR
LOWE'S
MCLAY SERVICES,INC.
Page2of 4
47 July 18, 2022, City Council Meeting
Page No. 35
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECKNO. AMOUNT ISSUED TO
613012022
160012
160013
1600r4
r60015
1600r6
160017
16001 8
160019
r60020
160021
160022
160023
160024
160025
160026
160027
160028
160029
160030
160031
160032
160033
160034
160035
r60036
160037
160038
160039
160040
160041
r60042
160043
160044
160045
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
790.00
1,500.00
15.00 382.70
316.73
9,248.97
1,623.89
44.03 57.00
72.00 1,343.23
158.76
100.00
4,073.00
200.00
438.28
26s.s0
397.86
86.92 r27.69
812.s0
2,183.48
1,645.00
15,279.64
100.00
1,762.35
2,960.79
8.75 237,886.93
613.52
73.94 42.00
r00.69
2,348.13
470.75
2,787.54
553.05
6,133.94
210.27
2,562.60
3,490.35
298.06
ss6.82
1,152.95
1,161.20
12,346.53
85.00 735.00
60.87 250.00
104.29
132.00
4,714.26
MISSION SAN JUAN CAPISTRANO
NOBBS, CONNOR
PACIFIC SURVEYS, LLC
PARADISE EMBROIDERY & SCREEN PRINT.
PATTON SALES CORP.
PERFORMANCE TRUCK REPAIR, INC.
PRIMARY PT{ARMACEUTICALS, INC.
RANCHO VERDE LANDSCAPE, INC.
RENOA. RODRIGUEZ
ROSSELLYRIOS
S&JSUPPLYCO.,INC.
SANDERS LOCK & KEY
SARA SALH,ANI
SOUTHERN CALIF. ASSOC. OF GOVERNMENT
SCHWALM GENERATION, INC.
SPIRALEDGE INC.
STANLEY ACCESS TECH
T.MOBILE
TNTPRINTING
TRILOGY MEDWASTE WEST, LLC
TRIPEPI SMITH
U.S. ARMORCORPORATION
UL, LLC.
I.]NITED WATER WORKS, INC.
VANESSA SAAVEDRA
VERIZON
VERIZON WIRELESS
WALTERS WHOLESALE ELECTRIC CO.
WASTEMANAGEMENT
WAXIE SANITARY SI.'PPLY
WEINREB,MARTIN
WELLS, JOSHUA
XEROX CORPORATION
ZOLL MEDICAL CORPORATION
ALL STATE POLICE EQUIPMENT CO.
AMAZON CAPITAL SERVICES, INC.
AMERICAL GRAPHIC SYSTEMC, INC.
BRENNTAG PACIFIC,INC,
COLLEGIATE PRESS
COMMERCIAL DOOR COMPANY, INC.
COURIER PRINTING,INC.
GRAINGER
GREENSCAPE MAINTENANCE SERVICES INC
HAAKER EQUIPMENT CO.
HASA, INC.
L.N. CURTIS AND SONS
LA VERNE POWER EQUIPMENT, INC.
MARTIN SCHERER ELECTRIC, INC.
OFFICE SOLUTIONS
PESTOPTIONS INC.
POMONA TRUCK & AUTO SUPPLY
RKA CONSULTING GROUP
WITTMAN ENTERPRISES, LLC
439,914.88
5,186.55 Total LAIMPACT Demands
48 July 18, 2022, City Council Meeting
Page No. 36
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECKNO. AMOUNT ISSUED TO
6/30t2022
Total Demandr $ 445,101.43
LAIMPACT Law Enforcement Task Force Demands
160046
160047
160048
160049
MULTIPLE
Total
3,934.30
102.50
1,037.75
I12.00
BANKOFAMERICA
DYNAMICMETHODS
LOS ANGELES COUNTY SHERIFF'S DEPT.
SOUTHLAND SHREDDING, INC.
LAI ENFORCEMENT OPERATIONS
$ 5,186.55
LAIMPACT demands are paid from federal asset forfeiture dollars allocated to LAIMPACT crime prevention activities. These funds are not City funds and are not available for City use outside of LAIMPACT activities.
Page4of 4
49 July 18, 2022, City Council Meeting
Page No. 37
CITY OF I.A. VERNE
REGISTER OF AUDMED DEMANDS
7nD022
FY 2021-2022
DEMANDS PRESENTED HAVE BEEN APPROVED CONSISTENT WITH THE CMYS PURCHASING/RJNDING POLICY AND HAVE BEEN REVIEWED BY THE INTERIM FINANCE DIRECTOR FOR ACCURACY AND PROPER APPROVAL.
SUMMARY OF DEMANDS
L"ARGEST 10 CITY DEMAND PAYMENTS OTHER THAN PAYROLL AND REI.ATED BENEFITS- DEMANDS OF $4,172.08 WERE PAID ON BEHALF OF LAIMPACT FOR I.A,W ENFORCEMENT TASK FORCE OPERATIONS.
IN ACCORDANCE WITH GOVERNMENT CODE SECTION 37202, I HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATEIiEGISTER oF AUDITED
AMOUNT ISSUED TO
I. 82,378.92 STRATEGIC CONTRACTING SERVICES
2. 55,092.41 RKA CONSIJLTING GROUP
3. 24,637.75 GREENSCAPE MAINTENANCE SERVICES INC
4. 11,148.04 ATHENS SERVICES
s. 10,889.13 WESTCOASTARBORISTS,TNC.
6. IO,OOO.OO BAMMS,LLCDBAMYGYMLAVERNE
7. IO,OOO.OO BJYMANAGEMENTCORPDBASHOWRAMEN
8. IO,OOO,OO JEANETTEPAZDBAMO)(IESAION
9. IO,OOO.OO ROBERTA'S VILLAGE INN
10. 10,000.00 sHoTA susHl
I16,413.I0 OTHER DEMANDS
$ 3s0,ss9.3s
DESCRIPTION
LA HIDTA PAYROLL SERVICES . JUNE 2022
GENERAL ENGINEERINC SERVICES - MARCH 2022
CITY WIDE SERVICES - JUNE 2022
SWEEPING SERVICES . MAY 2022
TREE MAINTENANCE SERVICES -FY 21122
SMALL BUSINESS RESCUE GRANT PROGRAM (ARPA)
SMALL BUSINESS RESCUE GRANT PROGRAM (ARPA)
SMALL BUSINESS RESCUE GRANT PROGRAM (ARPA)
SMALL BUSTNESS RESCUE GRANT PROGRAM (ARPA)
SMALL BUSINESS RESCUE GRANT PROGRAM (ARPA)
r-li',1-.,(' U L
MIKE YELTON
INTERIM FINANCE DIRECTOR
\
Page I of3
50 July 18, 2022, City Council Meeting
Page No. 38
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECKNO. AMOUNT ISSUEDTO
611612022
160050
l 6005 l
160052
1600s3
160062
160063
160064
160065
160066
t60067
160068
160069
160070
16007r
t60072
160073
160074
16007s
160076
160077
160078
160079
160080
160081
160082
I 60083
160084
r60085
r60086
160087
160088
160089
160090
160091
r60092
160093
160094
I 6009s
160096
160097
160098
160099
r60100
160101
160102
r60103
r60104
160105
160106
160107
160108
160109
l60l l0
l60l I I
t60tt2
l60t l3
525.46
390.s5
35.83 108.r 8
238.t4
I1,148.04
10,000.00
10,000.00
1,200.00
535.00
380.38
48.00 38.00
r00.00
524.83
165.00
6,503.17
70.00 144.00
6tt.s2
93.69 189.00
1,823.75
10,000.00
100.00
48.00 65.00
190.00
169.01
224.08
1,000.00
55.58 58.00
710.00
52.65 I10.00
8,400.00
4,223.00
240.00
90.00 74.00
2,237.24
45.00 49.9s
2,915.41
7,386.00
55.00 10,000.00
48.00 3,269.22
2,156.39
96.00 1,000.00
10,000.00
959.50
1,439.70
$ B&H PHOTO VIDEO
B&H PHOTO VIDEO
FEDEX
FEDEX
ALCO TARGET CO.
ATHENS SERVICES
BAMMS, LLC DBAMY GYM LA VERNE
BJY MANAGEMENT CORP DBA SHOW RAMEN
BRUCE, SCOT
CAIFORNIA PEST MANAGEMENT, INC.
CHARTER COMMI.JNICATIONS
CHRISTINENAGUIB
CIDNEY DOYLE
CLAUDIA MALDONADO
COLLEY FORD
CPRS
ECONOLITE SYSTEMS, INC.
ERRINULRICH
ESPERANZA SANDOVAL
EWING IRRIGATION PRODUCTS
FRONTIER COMMUNICATIONS
GALYEZ,VICTORIA
HOLLIDAY ROCKCO.
JEANETTE PAZ DBA MOXIE SALON
JENNIE SMITH
JILL INCIONG
JOSE IRIMIA-DOMINGUEZ
KELLYVOONG
KEYSTONE UNIFORM DEPOT
LA VERNE PETTY CASH
LA VERNE POLICE DEPARTMENT
LOZANO, THOMAS
LUIS DELFIN
LWD INC.
MAGISNO, JAMES ROMER
MARIEMITCHELL
MAY MURAD
MCLAY SERVICES,INC.
MEGAN FLEUREN
MAYLIN SCOLLON
MINGCHEN
MORROWMEADOWS CORP
NORMAROZIER
ODP BUSINESS SOLUTIONS, LLC
PAFICIF PRODUCTS AND SERVICES, LLC
PRECISION CONCRETE CUTTING
RHINA FRANCO
ROBERTA'S VILLAGE INN
ROXANNE RODRIGUEZ
SAFETYNETT,INC.
SANDERS LOCK & KEY
SARAH JAVAHERI
SCHULER CONTRUCTORS
SHOTA SUSHI
SIERRA PACIFIC ELEC. CONTRACTING
SMART & FINAL IRIS CO.
Page2of 3
51 July 18, 2022, City Council Meeting
Page No. 39
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS - EXHIBIT A
CHECKNO. AMOUNT ISSUED TO
6n6/2022
l60l l4
l60l l5
l60l l6
l60l l7
l60l I 8
l60l l9
160120
l60t2t
160122
BANKDRAFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
EFT
190.28
3,512.70
699.46
694.26
3,600.00
10,000.00
1,202.39
10,000.00
55.00 82,378.92
4,167.65
1,813.79
453.68
298.53
2,127.52
525.00
784.00
1,014.27
24,637.75
445.55
2,424.50
386.12
463.04
425.00
1,200.00
7,392.94
184.44
1,530.94
780.00
55,092.41
567.79
3,714.00
10,889.13
4,569.03
SOUTHERN CALIFORNIA EDISON
SOUTHERN CALIFORNIA NEWS GROUP
STATE INDUSTRIAL PRODUCTS
T-MOBILE
THE COUNSELING TEAM INTERNATIONAL
THE RESTING SPA & MASSAGE
U.S. POSTMASTER
VICTORIA'S HAIR BEUTY DESIGN
WENDYYAZQUEZ
STRATEGIC CONTRACTING SERVICES
BABCOCK LABORATORIES, INC.
BRENNTAG PACIFIC, INC.
COLLEGIATE PRESS
COMMERCIAL DOOR COMPANY, INC.
CORE & MAIN, LP
D.F. POLYGRAPH
GIRON,ANTHONY
GRAINGER
GREENSCAPE MAINTENANCE SERVICES INC
HARRINGTON INDUSTRIAL PLASTICS, LLC
HI-WAY SAFETY INC.
INTERSTATE BATTERY INLAND VALLEY
LA VERNE POWER EQUIPMENT, INC.
LAW ENFORCEMENT MEDICAL SERVICES
MARTTN SCHERER ELECTRIC, INC.
MC CALL'S METERS,INC.
POMONA TRUCK & AUTO SUPPLY
PRESS TECH
QUALITY CODE PUBLISHING, LLC
RKA CONSULTING GROUP
SHORTLOAD CONCRETE
TRI COUNTY PUMP COMPANY
WEST COAST ARBORISTS, INC.
WESTERN WATER WORKS
Total LAIMPACT Demands
350,559.35
4,172.09
Total Demand: $ 354,731.43
LAIMPACT Law Enforcement Task Force Demands
160057
I 60058
160059
MULTIPLE
Total
1,295.37
2,594.71
282.00
ROTOCRAFT SUPPORT, INC.
ROTOCRAFT SUPPORT, INC.
TRANSUNION RIDK & ALTERNATIVE DATA
LAI ENFORCEMENT OPERATIONS
$ 4,172.08
LAIMPACT demands are paid from federal asset forfeiture dollars allocated to LAIMPACT crime prevention activities. These funds are not City funds and are not available for City use outside of LAIMPACT activities.
52 July 18, 2022, City Council Meeting
Page No. 40
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS
71712022
FY 2022-2023
DEMANDS PRESENTED HAVE BEEN APPROVED CONSISTENT W'ITH THE CITY'S PURCHASING/FUNDING POLICY AND HAVE BEEN REVIEWED BY THE INTERIM FINANCE DIRECTORFORACCURACY AND PROPER APPROVAL.
SUMMARY OF DEMANDS
IARGEST IO CITY DEMAND PAYMENTS OTHER THAN PAYROLL AND REU,TED BENEFITS.
AMOTJNT ISSUEDTO DESCRIPTION
1. 2.
J.
4. 5.
6. 7.
8. 9.
10. 5,499.00 I.JNCHARTED SOFTWARE, INC
699.00 TOWERSTREAM CORPORATION
123.60 RFI COMMIJNICATIONS AND SECURITY
CONSULTING SERVICES
INTERNET SERVICES
CONSULTING SERVICES
- OTHERDEMANDS
$ 6J2r50
DEMANDS OF $555.17 WERE PAID ON BEHALF OF LAIMPACT FOR LAW ENFORCEMENT TASK FORCE OPERATIONS.
DEMANDS OF $833.663.46 WERE PAID FOR PAYROLL AND EMPLOYEE BENEFIT RELATED ITEMS.
IN ACCORDANCE WITH GOVERNMENT CODE SECTION 37202,1 HEREBY CERTIFY THAT THIS IS A TRUE AND ACCURATE REGISTER OF AUDITED DEMANDS.
DIRECTOR
Page I of2
53 July 18, 2022, City Council Meeting
Page No. 41
CITY OF LA VERNE
REGISTER OF AUDITED DEMANDS . EXHIBIT A
CHECKNO. AMOI,JNT ISSUED TO
7nno22
1600s4
1600s5
I 600s6
123.60
699.00
5,499.00
Total $ I,184,650.70
RFI COMMI.JNICATIONS AND SECURITY
TOWERSTREAM CORPORATION
I,JNCHARTED SOFTWARE, INC
Total Payroll and Employee Benefit Payments
Total LAIMPACT Demands
Benefits Description
6,321.60
t, I 84,6s0.70
555.17
Total Demands $ 1,191,527.47
Payroll and Employee Benefit Payments:
160123 $ l,ss4.l2 AFLAC
160124 3,050.60 DELTA DENTAL INSURANCE COMPANY
160125 12431.38 DELTADENTAL(o02o785555)
160126 48O.OO CITY OF LA VERNE EMPLOYEE FIJND
160127 I,35O.OO FIDELITY INVESTMENTS #P0754
160128 6,619.13 THE HARTFORD-PRIORITY ACCOIJNTS
t60129 156,224.93 HEALTH NET
160130 88,955.94 KAISER FOIJNDATION HEALTH PLAN
160131 1,563,32 METLIFE-GROUPBENEFITS
160132 820.60 NEWMAN CO., A.C.
160133 276.11 REYES,HEATHER
160134 I9.OO IJNITED WAY CAMPAIGN
BANK DRAFT 112,412.31 I.]NITED STATES TREASURY
BANK DRAFT 37,010.72 STATE OF CALIFORNI,A
BANK DRAFT 1,579,76 STATE DISBURSEMENT BDOOO5689
BANK DRAFT 149,075.55 STATE OF CALIFORNI,A
BANK DRAFT 24,843.40 MASSACHUSETTS MUTUAL LIFE INSURANCE BANK DRAFT 4,880.65 MASSACHUSETTS MUTUAL LIFE INS ROTH
BANK DRAFT 569,220.22 PAYROLL
EFT 4,582.43 CIIARLES SCTIWAB BANK
EFT 2,557.50 LA VERNEFIREASSOCIATION
EFT 2,269.58 LA VERNE POLICE OFFICERS ASSOC.
EFT 1,750.00 RUSSI, CHRISTINA
EFT 1,023.45 WAGEWORKS INC.
EFT IOO.OO WAGEWORKS-ADMINFEE
Break down of standard providers and the benefits they provide Provider
A.C. Newman Co.
Delta Dental
The Hartford
Health Net
Kaiser
Wage Works
US Treasurey
State of Califomia
Mass Mutual A
Mass Mutual B
Mass Mutual Roth
Lincoln National
Fire/Police/La Veme Employee F
Accidental Death Life Insurance
Employee dental insurance coverage
Life Insurance Policy
Employee health insurance
Employee health insurance
Flexible Savings Account (FSA) deductions
Employee federal tax withholdings
Employee state income tax, unemployment insurance and child supporUgamishments 40lA plan
4578 plan
Roth plan
Replacement Social Security plan
Employee Group Dues
LAIMPACT Law Enforcement Task Force Demands
160060
160061
Total
339.00
216.t't
CALIFORNIA JPI.A
PITNEY BOWES GLOBAL FINANCIAL SVCS
$ 555. I ?
LAIMPACT demands are paid from federal asset forfeiture dollars allocated to I,AIMPACT crime prevention activities. These funds are not City funds and are not available for City use outside of LAIMPACT activities.
Page2of 2
54 July 18, 2022, City Council Meeting
Page No. 42
Agenda Report
CITY OF I.A VERNE
Police Department
DATE: July 18,2022
TO: Mayor and CitY Council
FROM: Colleen Flores, Chief of Police
sUBJECT: License Plate Reader Technology Replacement
AGENDA UMMARY
On June 20,2022, City Council adopted the fiscal year budget for 202212023 and approved the funding io replace the Department's Automated License Plate Reader Technology (ALPR).
RECOMMENDATION:
Staff recommends City Council provide the City Manager the authority to enter into a two-year contract with Flock Safety lnc. The contract total is $63,000 for the first year and $56,000 annually thereafter for 20 all-inclusive ALPR camera systems.
BACKGROUND:
The La Verne Police Department has deployed Automated License Plate Reader (ALpR) technology for over seven years. ALPRs have been vital in apprehending wanted persons, stolen vehicles, and other criminal elements entering the City of La Verne. tne nlpn system has also increased the solvability of numerous felonious crimes occurring within the CitY.
Our current equipment, owned by the City, utilizing Vigilant Technologies, is more than ,"r"n years oid.'Crrr"ntly, we operate 26 cameras on the Vigilant system covering the majority of entry points in[o the iity. vigitant requires one camera per traffic lane' Of the 26 cameras, currently,14 of them are offline requiring replacement and extensive maintenance.
Flock Safety offers an all-inclusive, stand-alone system, alleviating our current network and conneitirity issues. Flock cameras cover multiple traffic lanes, with one camera ieJr"ing the number of required cameras per location. With Flock, we can obtain the existingloverage with 20 cameras covering all entrances to the City. ln addition, a majoritly of our neighboring cities currently utilize-Flock Safety. The system's data snJrinj capabilitiel with ttie adjacent cities significantly enhance criminal investigations 55 July 18, 2022, City Council Meeting
Page No. 43
Page2
increasing solvability and efficiency. All contracted costs associated include; equipment' maintenance, wireless access, licensing, replacement, and training.
After determining that the Flock Safety proposal was best suited for the Department's needs, referencJs were checked. The cities of Claremont, Pomona, San Dimas, Glendora, Covina, and West Covina were all contacted. They report a positive experience with this product and vendor.
Respectfully submitted bY:
Jason Prows, Police Lieutenant
56 July 18, 2022, City Council Meeting
Page No. 44
FLOCK GROUP INC.
SERVICES AGREEMENT
ORDER FORM
This Order Form together with the Terms (as defined herein) describe the relationship between Flock Group Inc' (,.Flock,) and the customer identified below ("Agency") (each of Flock and Customer, a "Party"). This order form (,,order Form,,) hereby incorporates and includes the "GoVERNMENT AGENCY AGREEMENT'attached (the "Terms") which describe and set forth the general legat terms governing the relationship (collectively, the "Agreement" 1' The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations' The Agreement will become effective when this order Form is executed by both Parties (the "Effective Date"), Agency: CA - La Verne PD
Legal Entity Name:
Address:
2061 3rd St
La Verne, California 91750
Contact Name: Jason Prows
Phone: 909596191 3
E-Mail : [email protected]
Billing Contact:
(if different than above)Expected Payment Method:
Initirl Term: 24 months
Renewal Term:24 months
Billing Term: Annual payment due Net 30 Per terms
and conditions
57 July 18, 2022, City Council Meeting
Page No. 45
Name
Extended data retention
Professional Services - Falcon, Standard
ll
Price OTY Subtotal
$300.00 20.00 s6.000.00
$350.00 20.00 $7,000.00
Falcon Camera $2,s00.00 20.00 $s0,000.00
(Includes one-time fees)
Year I Total $63,000.00
Recurring Total: $56,000.00
58 July 18, 2022, City Council Meeting
Page No. 46
I have reviewed and agree to the Customer Implementation Guide on Schedule B at the end of this agreement.
By executing this Order Form, Agency represents and warrants that it has read and agrees all of the terms and conditions contained in the Termi attached. The Parties have executed this Agreement as of the dates set forth below.
FLOCK GROUP,INC.
Name: Name:
Agency: CA - La Verne PD
By:By:
Title:
Date:
TitIE:
Date:
59 July 18, 2022, City Council Meeting
Page No. 47
f{'ock safe ty
GOVERNMENT AGENCY AGREEMENT
This Government Agency Agreement (this "Agreemenf') is entered into by and between Flock Group, Inc. with a place of business at I170 Howell Mill Rd Nw Suite 210, Atlanta, GA 30318 ("Floclc') and the police department or government agency identified in the signature block ofthe order form ("Agency") (each a "Part5r," and together, the "Parties"),
RECITALS
WHEREAS, Flock offers a software and hardware solution for automatic license plate detection through Flock's technology platform (the "Flock Service"), and upon detection, the Flock Services are capable ofcapturing audio, image, and recordings data ofsuspected vehicles ("Footage") and can provide notifications to Agency upon the instructions of Non-Agency End User ("Notifications");
WHEREAS, Agency desires access to the Flock Service on existing cameras, provided by Agency, or Flock provided Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, including those from non-Agency users of the Flock Service (where there is an investigative or bona fide lawful purpose) such as schools, neighborhood homeowners associations' businesses, and individual users; WHEREAS, Flock deletes all Footage on a rolling thirty (30) day basis, Agency is responsible for extracting' downloading and archiving Footage from the Flock System on its own storage devices for auditing for prosecutorial/administrative purposes; and
WHEREAS, Flock desires to provide Agency the Flock Service and any access thereto' subject to the terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime' bona fide investigations by police departments, and archiving for evidence gathering ("Purpose")'
AGREEMENT
NOW, THEREFORE, Flock and Agency agree as follows and further agree to incorporate the Recitals into this Agreement.
1. DEFINITIONS
certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-referenced in this Section l.
60 July 18, 2022, City Council Meeting
Page No. 48
l.l ,,Agency Data" will mean the data, media and content provided by Agency through the Services. For the avoidance of doubt, the Agency Data will include the Footage. l.2.,,Agency Hardwure" shall mean the third-party camera owned or provided by Agency and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services' The term "Agenqt Hardware " excludes the Embedded Software
1.3 ,,Authorized End llser(s)" shall mean any individual employees, agents, or contractors of Agency accessing or using the Services through the Web Interface, under the rights granted to Agency pursuant to this Agreement. l4,,Documentation" will mean text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Services which are provided by Flock to Agency in accordance with the terms of this Agreement.
l.5,,Embedded Software" will mean the software and/or firmware embedded or preinstalled on the Agency Hardware.
l.6"Flock Ip'will mean the Services, the Documentation, the Embedded Software, the Installation Services, and any and all intellectual property therein or otherwise provided to Agency and/or its Authorized End Users in connection with the foregoing.
1.7 ,,Footagd, means still images captured by the Agency Hardware in the course of and provided via the Services' l.g,,Hardware,, or,,Flock Hardward' shall mean the Flock cameras or device, pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Flock Services. The term "Hatdwbre" excludes the Embedded Software'
1.9 ,,Implementation Fee(s)"means the monetary fees associated with the Installation Services, as defined in Section 1.10 below.
l.l0,,Installation Services" means the services provided by Flock including any applicable installation of Embedded Software on Agency Hardware'
l.ll ,,Non-Agency End Ilser(s)- shall mean any individual, entity, or derivative therefrom, authorized to use the Services through the web Interface, under the rights granted to pursuant to the terms (or to those materially similar) of this Agreement.
l.l2,,services,, or..Flock Services,, means the provision, via the web Interface, of Flock's software application for automaticlicenseplatedetection,searchingimagerecords,andsharingFootage' 61 July 18, 2022, City Council Meeting
Page No. 49
l.l3 *support seryices" shall mean Monitoring Services, as defined in Section 2.9 below l.l4 *Ilnit(s),, shall mean the Agency Hardware together with the Embedded Software.
1.15 "(lsage Fed' meansthe subscription fees to be paid by the Agency for ongoing access to Services' 116 *laeb Interfacd' means the website(s) or application(s) through which Agency and its Authorized End Users can access the Services in accordance with the terms of this Agreement.
2. SERVICES AND SUPPORT
2.1 provision of Access. Subject to the terms of this Agreement, Flock hereby grants to Agency a non-exclusive, non-transferable right to access the features and functions of the Services via the Web Interface during the Service Term (as defined in Section 6.1 below), solely for the Authorized End Users' The Footage will be available for Agency 's designated administrator, listed on the order form, and any Authorized End Users to access via the Web Interface for thirty (30) days. Authorized End Users will be required to sign up for an account and select a password and username (,,(Jser ID").Flock will also provide Agency with the Documentation to be used in accessing and using the Services. Agency shall be responsible for all acts and omissions of Authorized End Users' and any act or omission by an Authorized End user which, if undertaken by Agency, would constitute a breach of this Agreement' shall be deemed a breach of this Agreement by Agency. Agency shall undertake reasonable efforts to make all Authorized End Users aware of the provisions of this Agreement as applicable to such Authorized End User's use of the Services, and shall cause Authorized End Users to comply with such provisions' Flock may use the services of one or more third panies to deliver any part of the Services, incruding without limitation using a third parly to host the web Interface which makes the Services availabre to Agency and Authorized End Users. warranties provided by said third party service providers are the agency's sole and exclusive remedy and flock's sole and exclusive liability with regard to such third-party services, including without limitation hosting the web interface' Agency agrees to comply with any acceptable use policies and other terms of any third-party service provider that are provided or otherwise made available to Agency from time to time'
2.2EmbeddedSoftwareLicense.SubjecttoalltermsofthisAgreement'FlockgrantsAgencyalimited'non- exclusive, non-transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as installed on the Hardware or Agency Hardware; in each case, solely as necessary for Agency to use the Services.
2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Agency a non- exclusive, non-transferable right and license to use the Documentation during the Service Term to Agency 's in connection with its use of the Services as contemplated herein, and under Section 2'4 below'
2.4 Usage Restrictions.
62 July 18, 2022, City Council Meeting
Page No. 50
a. Flock IP. The purpose for usage of the Unit, Documentation, Services, support, and Flock IP are solely to facilitate gathering evidence that could be used in a lawful criminal investigation by the appropriate government agency and not for tracking activities that the system is not designed to capture (*Permitted Purpose"). Agency will not, and will not permit any Authorized End Users to, (i) copy or duplicate any ofthe Flock IP; (ii) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code ofany software included in the Flock IP, or attempt to do any ofthe foregoing, and Agency acknowledges that nothing in this Agreement will be construed to grant Agency any right to obtain or use such source code; (iii) modifi, alter, tamper with or repair any of the Flock IP, or create any derivative product from any of the foregoing, or attempt to do any of the foregoing, except with the prior written consent of Flock; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice ofany intellectual property or proprietary right appearing on or contained within any of the Services or Flock Ip; (vi) use the Services, support, Unit, Documentation or the Flock IP for anything other than the permitted purpose; or (vii) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey, or pledge as security or otherwise encumber, Agency's rights under Sections 2'1,2'2'or2'3' b. Flock Hardware. Agency understands that all Flock Hardware is owned exclusively by Flock, and that title to any Flock Hardware does not pass to Agency upon execution ofthis Agreement' Agency is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock llardware' Notwithstanding the notice and cure period set for in Section 6'3, Agency agrees and understands that in the event Agency is found to engage in any of the restricted actions of this Section 2-4(b), allwarranties herein shall be null and void, and this Agreement shall be subject to immediate termination (without opportunity to cure) for material breach by AgencY
2.5 Retained Rights; ownership. As between the Parties, subject to the rights granted in this Agreement' Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Agency acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. Agency further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock's sole discretion. There are no implied rights'
2.6 Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may temporarily suspend Agency,sandanyAuthorizedEndUser,saccesstoanyportionoralloftheFlocklPorFlockHardwareif(i)Flock reasonably determines that (a) there is a threat or attack on any of the Flock IP; (b) Agency 's or any Authorized End User's use of the Flock IP disrupts or poses a security risk to the Flock IP or any other Agency or vendor of Flock; (c) Agency or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Flock's provision of the Services to Agency or any Authorized End User is prohibited by applicable raw; (e) any vendor of Flock has suspended or terminated Flock,s access to or use of any third party services or products required to enable Agency to access the Flock IP; or (f) Agency has violated any term of this provision, including' but not limited to' 63 July 18, 2022, City Council Meeting
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utilizing the Services for anything other than the Permitted Purpose (each such suspension, in accordance with this Section 2.6, a,,service Suspension"). Flock will make commercially reasonable efforts, circumstances permitting, to provide written notice of any Service Suspension to Agency (including notices sent to Flock's registered email address) and to provide updates regarding resumption ofaccess to the Flock IP following any Service Suspension' Flock will use commercially reasonable efforts to resume providing access to the Service as soon as reasonably possible after the event giving rise to the Service Suspension is cured' Flock will have no liability for any damage, liabilities, losses (including any loss ofdata or profits) or any other consequences that Agency or any Authorized End User may incur as a result of a Service Suspension. To the extent that the Service Suspension is not caused by Agency,s direct actions or by the actions of parties associated with the Agency, the expiration of the Term will be tolled by the duration of any suspension (for any continuous suspension lasting at least one full day) prorated for the proportion ofcameras on the Agency 's account that have been impacted'
2.7 Installation Services.
2.7.1 Designated Locations.For installation of Flock Hardware, prior to performing the physical installation of the Units, Flock shall advise Agency on the location and positioning of the Units for optimal license plate image capture, as conditions and location allow. Flock may consider input from Agency regarding location' position and angle of the units (each Unit location so designated by Agency, a"Designated Location")' Flock shall have final discretion on location of Units. Flock shall have no liability to Agency resulting from any poor performance' functionality or Footage resulting from or otherwise relating to the Designated Locations or delay in installation due to Agency,s delay in confirming Designated Locations, in ordering and/or having the Designated Location ready for installation including having all electrical work preinstalled and permits ready, if necessary' The deployment plan will confirm the Designated Location. After installation, any subsequent changes to the deployment plan (,,Reinstalls,,)will incur a charge for Flock's then-current list price for Reinstalls, as listed in the then-current Reinstall Policy (available at https://www.flocksafety.com/reinstall-fee-schedule) and any equipment charges' These changes include but are not limited to camera re-positioning, adjusting of camera mounting' re-angling' removing foliage,camerareplacement,changestoheightsofpoles,regardlessofwhethertheneedforReinstallsrelatedto vandalism, weather, theft, lack of criminal activity in view, and the like. Flock Safety shall have full discretion on decision to reinstall Flock Hardware'
2.7.2 Agency Installation obligations.Agency agrees to allow Flock and its agents reasonable access in and near the Designated Locations at all reasonable times upon reasonable notice for the purpose of performing the installation work. Although the Units are designed to utilize solar power, certain Designated Locations may require a reliable source of l20V AC power, as described in the deployment plan' In the event adequate solar exposure is not available Agency is solely responsible for providing a reliable source of 120V AC power to the Units, if necessary. Additionally, Agency is solely responsible for (i) any permits or associated costs' and managing the 64 July 18, 2022, City Council Meeting
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permitting process of installation of cameras or AC power; (ii) any federal, state or local taxes including property, license, privilege, sales, use, excise, gross receipts or other similar taxes which may now or hereafter become applicable to, measured by or imposed upon or with respect to the installation of the Hardware, its use (excluding tax exempt entities), or (iii) any other supplementary cost for services performed in connection with installation of the Hardware, including but not limited to contractor licensing, engineered drawings, rental of specialized equipment or vehicles, third-party personnel (i.e. Traffic Control Officers, Electricians, State DoT-approved poles, etc., if necessary), such costs to be approved by the Agency ("Agency Installation Obligations"). In the event that a Designated Location for a Unit requires permits, Flock will provide the Agency with a temporary alternate location for installation pending the permitting process. once the required permits are obtained, Flock will relocate the Units from the temporary alternate location to the permitted location at no additional cost' Flock will provide options to supply power at each Designated Location. If Agency refuses alternative power supply options, Agency agrees and understands that Agency will not be subject to any reimbursement, tolling, or credit for any suspension period of Flock Services due to low solar. Flock will make all reasonable efflcrts within their control to minimize suspension of Flock Services. Any fees payable to Flock exclude the foregoing. Without being obligated or taking any responsibility for the foregoing, Flock may pay and invoice related costs to Agency if Agency did not address them prior to the execution of this Agreement or a third party requires Flock to pay. Agency represents and warrants that it has all necessary right title and authority and hereby authorizes Flock to install the Hardware at the Designated Locations and to make any necessary inspections or tests in connection with such installation' Flock is not responsible for installation of Agency Hardware'
2.7,3 Flock,s Obligations.Installation of any Flock Hardware shall be installed in a workmanlike manner in accordance with Flock,s standard installation procedures, and the installation will be completed within a reasonable time from the time that the Designated Locations are confirmed. Following the initial installation of the Hardware and any subsequent Reinstalls or maintenance operations, Flock's obligation to perform installation work shall cease; however, for the sole purpose of validating installation, Flock will continue to monitor the performance of the Units for the length of the Term and will receive access to the Footage for a period of three (3) business days after the initial installation in order to monitor performance and provide any necessary maintenance solely as a measwe of quality control. Agency understands and agrees that the Flock Services will not function without the Hardware' Labor may be provided by Flock or a third party. Flock is not obligated to install, reinstall, or provide physical maintenance to AgencY Hardware'
2.T.4Securitylnterest,FlockHardwareshallremainthepersonalpropertyofFlockandwillberemoveduponthe natural expiration of this Agreement at no additional cost to Agency' Agency shall not perform any acts which would interfere with the retention of title of the Hardware by Flock. Should Agency default on any payment of the Flock services, Flock may remove Hardware at Flock's discretion' Such removal' if made by Flock' shall not be deemed a waiver of Flock,s rights to any damages Flock may sustain as a result of Agency's default and Flock shall have the right to enforce any other legal remedy or right' 65 July 18, 2022, City Council Meeting
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2.g Hazardous Conditions. Unless otherwise stated in the Agreement, Flock's price for its services under this Agreement does not contemplate work in any areas that contain hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately in the area affected until such materials are removed or rendered harmless'
2.9 Support Services. Subject to the payment of fees, Flock shall monitor the performance and functionality of Flock Services and may, from time to time, advise Agency on changes to the Flock Services, Installation Services' or the Designated Locations which may improve the performance or functionality of the Services or may improve the quality of the Footage. The work, its timing, and the fees payable relating to such work shall be agreed by the parties prior to any alterations to or changes of the Services or the Designated Locations ("Monitoring Semices")' Subject to the terms hereof, Flock will provide Agency with reasonable technical and on-site support and maintenance services {*On-Site Semires") in-person or by email at support@flocks?fety'com' Flock will use commercially reasonable efforts to respond to requests for support'
2.10 Special Terms. From time to time, Flock may offer certain "special Terms" related to guarantees, service and support which are indicated in the proposal and on the order form and will become part of this Agreement, upon Agency,s consent. To the extent that any terms of this agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control'
2.10 Changes to platform. Flock may, in its sole discretion, make any changes to any system or platform that it deems necessary or useful to (i) maintain or enhance (a) the quality or delivery of Flock's products or services to its Agency s, (b) the competitive strength of, or market for, Flock's products or services' (c) such platform or system's cost efficiency or performance, or (ii) to comply with applicable law'
3. RESTRICTIONS AND RESPONSIBILITIES
3.1 Agency obligations. Flock will assist Agency end-users in the creation of a User ID' Agency agrees to provide Flock with accurate, complete, and updated registration information' Agency may not select as its User ID a name that Agency does not have the right to use, or another person's name with the intent to impersonate that person' Agency may not transfer its account to anyone else without prior written permission of Flock' Agency will not share its account or password with anyone, and must protect the security of its account and password' Agency is responsible for any activity associated with its account. Agency shall be responsible for obtaining and maintaining 66 July 18, 2022, City Council Meeting
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any equipment and ancillary services needed to connect to, access or otherwise use the Services. Agency will, at its own expense, provide assistance to Flock, including, but not limited to, by means of access to, and use of, Agency facilities, as well as by means of assistance from Agency personnel, to the limited extent any of the foregoing may be reasonably necessary to enable Flock to perform its obligations hereunder, including, without limitation, any obligations with respect to Support Services or any Installation Services.
3.2 Agency Representations and Warranties. Agency represents, covenants, and warrants that Agency will use the Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of video, photo, or audio content' Although Flock has no obligation to monitor Agency 's use ofthe Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing'
4. CONFIDENTIALITY; AGENCY DATA
4.1 Conlidentiality. To the extent allowable by applicable FOIA and state-specific Public Records Acts' each Party (the,,Receiving Par[\understands that the other Party (the"Disclosing ParO') has disclosed or may disclose business, technical or financial information relating to the Disclosing Party's business (hereinafter referred to as ,,Proprietary Information" of the Disclosing Party). Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services' Proprietary Information of Agency includes non-public data provided by Agency to Flock or collected by Flock via the Unit' including the Footage' to enable the provision ofthe Services, which includes but is not limited to geolocation information and environmental data collected by sensors built into the units ("Agency Data"). TheReceiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use ofsuch Proprietary Information that the party takes with its own proprietary information, but in no event will aparty apply less than reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information' Flock's use of the Proprietary Information may include processing the Proprietary Information to send Agency alerts' such as when a car exits Agency'sneighborhood,ortoanalyzethedatacollectedtoidentifymotionorotherevents'TheDisclosingParty agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) isorbecomesgenerallyavailabletothepublic,or(b)wasinitspossessionorknownbyitpriortoreceiptfromthe DisclosingParty,or(c)wasrightfullydisclosedtoitwithoutrestrictionbyathirdparty,or(d)wasindependently developed without use of any Proprietary Information of the Disclosing Party' Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Parly reasonable prior notice of such disclosure to contest such order. For clarity, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with a legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect' prevent or 67 July 18, 2022, City Council Meeting
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otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety ofFlock, its users, a third party, or the public as required or permitted by law, including respond to an emergency situation' Agency hereby expressly grants Flock a non-exclusive, worldwide, perpetual, royalty-free right and license (during and after the term hereof) to disclose the Agency Data (inclusive of any Footage) to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search access to law enforcement for investigative purposes only. Flock may store deleted Footage in order to comply with certain legal obligations but such retained Footage will not be retrievable without a valid court order'
4.2 Agency Data.. As between Flock and Agency, all right, title and interest in the Agency Data, belong to and are retained solely by Agency. Agency hereby grants to Flock a limited, non-exclusive, royalty-free, worldwide license to use the Agency Data and perform all acts with respect to the Agency Data as may be necessary for Flock to provide the Flock Services to Agency, including without limitation the Support Services set forth in Section 2'9 above, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid license to use' reproduce' modify and distribute the Agency Data as a part ofthe Aggregated Data (as defined in section 4'4 below)'As between Agency and Non-Agency End Users that have prescribed access ofFootage to Agency, each ofAgency and Non-Agency End Users will share all right, title and interest in the Non-Agency End User Data' This Agreement does not by itself make any Non-Agency End User Data the sole properly or the Proprietary Information of Agency' Flock will automatically delete Footage older than thirty (30) days. Agency has a thirty (30) day window to view, save and/or transmit Footage to the relevant government agency prior to its deletion'
4.3 Feedback. IfAgency provides any suggestions, ideas, enhancement requests, feedback' recommendations or other information relating to the subject matter hereunder, Agency hereby assigns (and will cause its agents and representatives to assign) to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any ofthe foregoing.
4.4 Aggregated Data. Norwithstanding anything in this Agreement to the contrary, Flock shall have the right to collect and analyzedata that does not refer to or identify Agency or any individuals or de-identifies such data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Agency Data and data derived therefrom). For the sake of clarity, Aggregated Data is compiled anonymous data which has been stripped of any personal identifiing information. Agency acknowledges that Flock will be compiling anonymized and/or aggregated data based on Agency Data input into the Services (the"Aggregated Data"). Agency hereby grants Flock a non- exclusive, worldwide, perpetual, royalty-free right and license (during and after the Service Term hereof) to (i) use and distribute such Aggregated Data to improve and enhance the Services and for other development' diagnostic and corrective purposes, other Flock offerings, and crime prevention efforts, and (ii) disclose the Agency Data (both inclusive of any Footage) to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search access to law enforcement for investigative purposes only' No rights or licenses are granted except as expressly set forth herein. Flock shall not sell Agency Data or Aggregated Data' 68 July 18, 2022, City Council Meeting
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5. PAYMENT OF FEES
5.la Wing Fees. For Wing products, the Agency will pay Flock the first Usage Fee and the Implementation Fee (as described on the Order Form attached hereto, together the "Initial Fees-) as set forth on the Order Forn on or before the 30th day following the Effective Date of this Agreement. Flock shall have no liability resulting from any delay by the Agency in installing the Embedded Software on the Agency Hardware. If applicable, Agency shall pay the ongoing Usage Fees set forth on the order Form with such Usage Fees due and payable thirty (30) days in advance of each payment period. All payments will be made by either ACH, check, or credit card'
5.lb Falcon Fees. For Falcon products during the Initial Term, Agency will pay Flock fifty percent (50%) of the first Usage Fee, the Implementation Fee and any fee for Hardware (as described on the Order Form attached hereto' together the .,Initial Fees") as set forth on the order Form on or before the 30th day following receipt of initial invoice after Effective Date. Upon commencement of installation, Flock will issue an invoice for twenty-five percent (25%) of the Initial Fees, and Agency shall pay on or before 30'h day following receipt of invoice' Upon completion of installation, Flock will issue an invoice for the remaining balance and Agency shall pay on or before 30rh day following receipt of final invoice. Flock is not obligated to commence the Installation Services unless and until the first payment has been made and shall have no liability resulting from any delay related thereto' For a Renewal Term, as defined below, Agency shall pay the entire invoice on or before the 30th day following receipt of invoice.
5.2 Changes to Fees. Flock reserves the right to change the fees or applicable charges and to institute new charges and fees at the end ofthe Initial Term or any Renewal Term, upon sixty (60) days' notice prior to the end ofsuch Initial Term or Renewal Term (as applicable) to Agency (which may be sent by email)' If Agency believes that Flock has billed Agency incorrectly, Agency must contact Flock no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit' Inquiries should be directed to Flock's Agency support department. Agency acknowledges and agrees that a failure to contact Flock within this sixty (60) day period will serve as a waiver of any claim Agency may have had as a result of such billing enor.
5.3 Invoicing, Late Fees; Taxes. Flock may choose to bill through an invoice' in which case' full payment for invoices issued in any given month must be received by Flock thirty (30) days after the mailing date of the invoice' If Agency is a non-tax exempt entity, Agency shall be responsible for all taxes associated with Services other than U.S. taxes based on Flock's net income'
6.TERM ANDTERMINATION
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6.1a Wing Term. Subject to earlier termination as provided below, the initial term of this Agreement shall be for the period of time set forth on the Order Form (the *Initial Term'). The Term shall commence upon execution of this Agreement. Following the Inifial Term, unless otherwise indicated on the Order Form, this Agreementwill automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a,,Renewal Term",and together with the Initial Term, the"service Term") unless either party gives the other party notice of non-renewal at least thirty (30) days prior to the end of the then'current term.
6.lb Falcon Term. Subject to earlier termination as provided below, the initial term of this Agreement shall be for the period of time set forth on the Order Form (the *Initial Term"\. The Term shall commence upon first installation and validation of a Unit. Following the Initial Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms for the length set forth on the Order Form (each, a"Renewal Term', ,and together with the Initial Term, the "service Term") unless either party gives the other party notice of non-renewal at least thirty (30) days prior to the end of the then-cuffent term.
6.2 Termination for Convenience. At any time during the agreed upon Term, an Agency not fully satisfied with the service may self-elect to terminate this Agreement for convenience. Termination for convenience will result in a one-time fee of $500 per Flock Hardware. Upon termination for convenience, a refund will be provided for Falcon Cameras, prorated for any fees for the remaining Term length set forth previously. Agency will remain liable to pay the full outstanding fees for any Wing product on the effective date of termination of that Order Form- Flock will invoice, and Agency will pay, any unbilled fees and any unpaid fees covering the remainder ofthe term ofthat Order Form had it not been terminated. Termination for convenience of the Agreement by the Agency will be effective immediately. Flock will provide advanced written notice and remove all Flock Hardware at Flock's own convenience, within a commercially reasonable period of time upon termination.
6.3 Termination. Notwithstanding the termination provisions in Section 2.4(b),inthe event of any material breach of this Agreement, the non-breaching party may terminate this Agreement prior to the end of the Service Term by giving thirty (30) days prior written notice to the breaching party; provided, however, that this Agreement will not terminate ifthe breaching party has cured the breach prior to the expiration ofsuch thirty (30) day period. Either party may terminate this Agreement, without notice, (i) upon the institution by or against the other party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other parly's making an assignment for the benefit of creditors, or (iii) upon the other party's dissolution or ceasing to do business. Upon termination for Flock's material breach, Flock will refund to Agency a pro-rata portion of the pre-paid fees for Services not received due to such termination.
6.5 No-Fee Term. For the Term of this Agreement, Flock will provide Agency with complimentary access to 'hot- list, alerts, which may include 'hot tags', stolen vehicles, Amber Alerts, etc. (*No-Fee Term")- In the event a Non- Agency End User grants Agency access to Footage and/or Notifications from a Non-Agency End User Unit, Agency will have access to Non-Agency End User Footage and/or Notifications until deletion, subject to the thirty (30) day 70 July 18, 2022, City Council Meeting
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retention policy. Non-Agency End Users and Flock may, in their sole discretion, leave access open' The No-Fee Term will survive the Term of this Agreement. Flock, in its sole discretion, can determine not to provide additional No-Fee Terms or can impose a price per No-Fee Term upon thirty (30) days' notice' Agency may terminate any No' Fee Term or access to future No-Fee Terms upon thirty (30) days' notice.
6.6 Survivat. The following Sections will survive termination: 2.4,2.5,3, 4, 5 (with respect to any accrued rights to payment), 5.4, 6.5, ? .4, 8.1, 8.2, 8.3, 8.4, 9'l and I 0.5.
7. REMEDY; WARRANTY AND DISCLAIMER
7.1 Remedy. Upon a malfunction or failure of Flock Hardware or Embedded Software (a"Defecf'), Agency must notiff Flock's technical support as described in Section 2.9 above. If Flock is unable to corect the Defect, Flock shalt, or shall instruct one of its contractors to repair or replace the Flock Hardware or Embedded Software suffering from the Defect. Ftock reserves the right in their sole discretion to refuse or delay replacement or its choice of remedy for a Defect until after it has inspected and tested the affected Unit provided that such inspection and test shall occur within seventy -two (72) hours after Agency notifies the Flock of a known Defect. In the event of a Defect, Flock will repair or replace the defective Unit at no additional cost. [n the event that a Unit is lost, stolen, or damaged, Agency may request that Flock replace the Unit at a fee according to the then-current Reinstall Policy (https://www.flocksafety.com/reinstall-fee-schedule). Agency shall not be required to replace subsequently lost, damaged or stolen Units, however, Agency understands and agrees that functionality, including Footage, will be materially affected due to such subsequently lost, damaged or stolen Units and that Flock will have no liability to Agency regarding such affected functionality nor shall the Usage Fee or Implementation Fees owed be impacted.
Flock is under no obligation to replace or repair Hardware.
7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 if Agency is found to have misused the Flock Hardware, Agency Hardware or Embedded Software in any manner'
7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and intemrptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Upon completion of any installation or repair, Flock shall clean and leave the area in good condition. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock,s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.
7.4 DiSCIAiMCT. TrIE REMEDY DESCRIBED IN SECTION 7.I ABOVE IS AGENCY 'S SOLE REMEDY' AND FLOCK'S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE EMBEDDED SOFTWARE. TT{E FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE I.ININTERRUPTED OR ERROR FREE; NOR DOES IT MAKE A].IY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE71 July 18, 2022, City Council Meeting
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SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, TT{E SERVICES ARE PROVIDED .AS IS" AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICI]LAR PIJRPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER OF SECTION 7.4 ONLY APPLIES TO THE EXTENT ALLOWED BY TI{E GOVERNING LAW OF TTM STATE MENTIONED IN SECTION 10.6, OR IF NO STATE IS MENTIONED IN SECTION 10.6, BY TT{E LAW OF TTM STATE OF GEORGIA.
7.5 Insurance. Flock will maintain commercial general liability policies with policy limits reasonably commensurate with the magnitude of Flock's business risk. Certificates of Insurance can be provided upon request'
7.6 Force Majeure. Flock is not responsible nor liable for any delays or failures in performance from any cause beyond its control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions ofthird-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, weather conditions or acts of hackers, internet service providers or any other third party or acts or omissions of Agency or any Authorized End User'
8. LIMITATION OF LIABILITY; NO FEE TERM; INDEMNITY
8.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLOCK AND ITS
SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND TECHNOLOGY SUPPLIERS),
OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALLNOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO A}.iY SI]BJECT MATTER OF THIS AGREEMENT OR
TERMS AND CONDITIONS RELATED TTMRETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER TIIEORY: (A) FOR ERROR OR INTERRUPTION OF USE
OR FOR LOSS OR INACCURACY, INCOMPLETENESS OR CORRUPTION OF DATA OR FOOTAGE OR
COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR AI{Y INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND FLOCK'S ACTUAL KNOWLEDGE OR REASONABLE
CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR IDENTIFY AND/oR CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; (D) FOR ANY PUBLIC DISCLoSURE oF PRoPRIETARY INFORMATION MADE IN GOOD FAITH; (E) FOR CRIME PREVENTION; OR (F) FOR ANY AMOI.]NTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTTIER CLAIMS, EXCEED T}IE FEES PAID AND/OR PAYABLE BY AGENCY TO FLOCK FOR T}IE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO TT{E ACT OR
OMISSION THAT GAVE RISE TO THE LIABILITY,IN EACH CASE, WHETHER ORNOT FLOCK HAS BEEN ADVISED OF TI{E POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF AN EMERGENCY' AGENCY SHOULD CONTACT 9I I AND SHOULD NOT RELY ON THE SERVICES.THIS LIMITATION OF LIABILITY OF SECTION 8 ONLY APPLIES TO THE EXTENT ALLOWED BY TTIE GOVERNING LAW OF 72 July 18, 2022, City Council Meeting
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THE STATE MENTIONED IN SECTION 10.6, OR IF NO STATE IS MENTIONED IN SECTION 10.6, BY TTM LAW OF THE STATE OF GEORGIA.
8.2 Additional No-Fee Term Requirements. IN NO EVENT SHALL FLOCK'S AGGREGATE LIABILITY,IF ANY, AzuSING OUT OF OR IN ANY WAY RELATED TO THE COMPLIMENTARY NO-FEE TERM AS DESCRIBED IN SECTION 6.5 EXCEED $IOO, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLTGENCE), PRODUCT LIABILITY OR OTTmRWISE. Parties acknowledge and agree that the essential purpose ofthis Section 8.2 is to allocate the risks under the No'Fee Term described in Section 6.5 and limit potential liability given the aforementioned complimentary service, which would have been substantially higher if Flock were to assume any further liability other than as set forth herein. Flock has relied on these limitations in determining whether to provide the complimentary No-Fee Term. The limitations set forth in this Section 8.2 shall not apply to claims or damages resulting from Flock's other obligations under this Agreement.
8.3 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, deputies, officers, or agents, in connection with the performance of their official duties under this Agreement. Each party to this Agreement shall be liable (if at all) only for the torts of its own officers, agents, or employees that occur within the scope of their official duties. Agency will not pursue any claims or actions against Flock's suppliers.
8.4 Indemnity. Agency hereby agrees to indemnifi and hold harmless Flock against any damages, losses, liabilities, seftlements and expenses in connection with any claim or action that arises from an alleged violation of Section 3.2, a breach of this Agreement, Agency's Installation Obligations, Agency's sharing of any data in connection with the Flock system, Flock employees or agent or Non-Agency End Users, or otherwise from Agency's use of the Services, Flock Hardware, Agency Hardware and any Embedded Software, including any claim that such actions violate any applicable law or third party right. Although Flock has no obligation to monitor Agency's use ofthe Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of Section 3'2 or this Agreement.
9. RECORD RETENTION
9.1 Data preservation. The Agency agrees to store Agency Data in compliance with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules. As part of Agency,s consideration for paid access and no-fee access to the Flock System, to the extent that Flock is required by local, state or federal law to preserve the Agency Data, Flock will notiff Agency of the requirement and applicable retention period, and Agency agrees to preserve and securely store this data on Flock's behalf so that should Flock be legally compelled by judicial or government order, Flock may retrieve the data fiom Agency upon demand' 73 July 18, 2022, City Council Meeting
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10. MISCELLANEOUS
l0.l Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
10.2 Assignment. This Agreement is not assignable, transferable or sublicensable by Agency except with Flock's prior written consent. Flock may transfer and assign any of its rights and obligations, in whole or in part, under this Agreement without consent.
10.3 Entire Agreement. This Agreement, together with the Order Form(s), the then-current Reinstall Policy (https://www.flocksafety.com/reinstall-fee-schedule), and Deployment Plan(s), are the complete and exclusive statement ofthe mutual understanding ofthe parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. None of Agency's purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected.
10.4 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Agency does not have any authority ofany kind to bind Flock in any respect whatsoever.
10.5 Governing Law; Venue. This Agreement shall be governed by the laws of the State in which the Agency is located. The parties hereto agree that venue would be proper in the chosen courts ofthe State ofwhich the Agency is located. The parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement'
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10.6 publicity. Upon prior consent from Agency, Flock has the right to reference and use Agency's name and trademarks and disclose the nature ofthe Services provided hereunder in each case in business and development and marketing efforts, including without limitation on Flock's website.
10.7 Export. Agency may not remove or export from the United States or allow the export or re-export of the Flock Ip or anything related thereto, or any direct product thereofin violation ofany restrictions, laws or regulations ofthe United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Services, the Hardware, the Embedded Software and Documentation are "commercial items" and according to DFAR section 252.2277014(aXl) and (5) are deemed to be "commercial computer software" and "commercial computer software documentation.,, Consistent with DFAR section 227.7202 and FAR section 12.212, any use' modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement' l0.g Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated Sections'
10.09 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalfofand bind the organizations and individuals they are representing'
10.10 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, iftransmitted by facsimile or e- mail; the day after it is sent, ifsent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested' 75 July 18, 2022, City Council Meeting
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Agenda Report
CITY OF I.A VERNE
Firc Department
DATE: July 18th, 2022
TO: Mayor and City Council
FROM: Chris Nigg, fire Cnief d
SUBJECT: Reserve Ladder Truck Purchase
\ fith City Manager approval, La Verne Fire purchased a reserve ladder truck (Quint) in an ontine auction from the City of Fountain Valley for $108,900. The total spend will be $150,000 from the Fire Replacement Equipment Fund which includes the original purchase of $108,900 and an additionat $41,000 for modifications needed to outfit the Quint for LVFD and LA County use.
RECOMMENDATION:
Staff recommends that City Council formally authorize the purchase of the pre-owned reserve Quintfrom the City of Fountain Valley via GovDeals.com.
Through operational review, it was determined that La Veme Fire required a reserve Quint to 6ack up and support the frontline Quint when it is out of service for maintenan@ or ripairs. Because the Quint is a specialized piece of equipment, with specialized tools, the department's operations are heavily affected when it must be piaced out-of-service. ln addition, the Quint is a highly valuable asset to our mutual aid ielationship with the l.{ County Fire Department, proving it to be an increasingly more important iesource for us to contribute the eastem l.lA County region.
Originally, discussions were undenvay to appropriale roughly $1.6 million to buy a1 add-itionii new Quint, with a 2 year build time. Thankfully, through an established retationship with the Fountrain Villey Fire Chief we were able to locate a 2007, well taken care of Quint stated to be retiied from service in that City. The City of Fountain Valley opted to use the ontine auction process to liquidate the asset, therefore once the transiAion was approved by the City Manager, and the truck deemed viable by Public Wo*r personnel,'straff acied quictdy to secure the purchase at the lorest price available.
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Effectively, we wtsre able to provide the specialized Quint resiliency for $150,000 ftont the Fire Equipment Fund (which includes the original of $108,900 and an additional $41,000 for modiftcations needed to ou$it the Quint for LVFD and lA County use) as oPPosed to $1.6 million. This reserve Quint ls to provide 5-
time to plan
laddertruck.
10 years reseNe ladder truck servie, prwiding the Cfi of La Veme ample accordingly and save the funds necessary for its next purchase of a 78 July 18, 2022, City Council Meeting
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|l o 3
CITY OF LAVERNE
City Managels Office- Finance Division
DATE: Monday, July 18,2022
TO: Mayor and City Council
FROM: Mike Yelton, lnterim Finanee Directo
SUBJECT: LA HIDTA Vendor Agreements
AGENDA SUMMARY
On July 1,2022 the City entered an agreement with The Los Angeles High lntensity Drug Trafficking Area (LA HIDTA) for fiduciary services. Currently there are eight (8) service agreements the LA HIDTA has with third parties that should be considered for City Council approval, per the City's Purchasing Policy guidelines.
RECOMMENDATION:
Staff recommends that the City Council approve the following LA HIDTA agreements:
Cordray Enterprises LLC; Deorian Ventures LLC; ECPC Solutions LLC; Liberty Coastal, LLC; Michael Tynes; Owsley Enterprises, LLC; Roger Bass; and Strategic Contracting Services.
trFGIIN
There are eight (8) agreements for City Council consideration. Below is a summary of each of the services offered to the LA HIDTA. These agreements were entered into by LA HIDTA prior to the City Council's approval for providing the fiduciary services for the progam. Going forward, all LA HIDTA agreements will adhere to the regular city process of approval before the implementation date.
CORDRAY ENTERPRISES LLC - Senior Training Coordinator
Cordray Enterprises LLC provides service in managing and overseeing the LA HIDTA Training Center.
DEROIAN VENTURES LLC - Drug lntelligence
Deroian Ventures LLC provides a Drug lntelligen ce Officer with expertise in the area of drug related intelligence and p
comprise the LA HIDTA Area
San Bernardino Counties).
rogram manageme nt throughout the four (4) counties that of Operation (i.e. Los Angeles, Orange, Riverside, and
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Agenda Report - LA HIDTA Service Agreements
Monday, July 18,2022
Page2
ECPC Solutions LLC - lT Support
ECPC Solutions LLC provides an lT Specialist to provide lT support for the day-to-day lT operations, as well as, assist improving and deploying new/existing lT infrastructure systems, troubleshoot systems, perform hardware/software configuration, upgrades and modifications, maintain file servers, firewalls, network access, security monitoring systems, and all other duties as assigned.
LIBERTY COASTAL, LLC - Finance Manager
Liberty Coastal, LLC provides a Finance Manager with expertise in the area of finance and grant management to perform the professional services as directed by the Executive Board Chairperson of the LA HIDTA.
MICHAEL TYNES - Performance Management Process (PMP) Manager Consultant provides professional services who incorporates the implementation of the PMP for the LA HIDTA's Annual Baseline Threat Assessment Report, along with the LA HIDTA Strategy and Annual Reports, respectively.
OWSLEY ENTERPRISES, LLC - Deputy Director
Owsley Enterprises, LLC provides a Deputy Director with expertise in the area of executive management to perform the professional services as directed by the HIDTA Director and/or Executive Board Chairperson of the LA HIDTA, including the development of efficient and effective administrative processes and procedures for the LA HIDTA.
RORGER BASS LA HIDTA Director
Consultant provides executive level leadership to serve as the l-A HIDTA Director to provide executive level leadership in full support of the LA HIDTA.
STRATEGIC CONTRACTING SERVICES (SCS) - Employer of Records Strategic Contracting Services serves as the Employer of Record for those employees that are selected and designated by HIDTA Programs to perform work for HIDTA Programs.
These services are being provided directly to the LA HIDTA. They do not directly impact the City of La Verne. The costs for these services are paid from the LA HIDTA funds.
There is no financial impact to the City's General Fund. 80 July 18, 2022, City Council Meeting
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Agenda Report - l3 HIDTA Service Agreements
Monday, July 18,2022
Respectfully submitted by: lsabella Guzman. Account Clerk ll Attachments: A. Resolution No.22-22
B. Cordray Enterprises LLC Agreement with LA HIDTA
C. Deroian Ventures LLC Agreement with LA HIDTA
D. ECPC Solutions LLC Agreement with LA HIDTA
E. Liberty Coastal, LLC
F. Michael Tynes
G. Owsley Enterprises, LLC
H. Roger Bass
l. Strategic Contracting Services
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AGREEMENT BETWEEN
THE LOS ANGELES HIGH INTENSITY DRUG TRAFFICKING AREA
(IAHIDTA)
AND
rHE CITY OF LA VERNE FOR
FIDUCIARY SERVICES
This Agreement for fiduciary services (Agrgement") is entered into effective July 1' 2022 between- the city of La Veme, a municipal corporation, hereinafrer "LA VERNE," and itr" Uos Angeles Hig-h lntensity Drug Trafiicking Area and its initiatives including, but not fimitea to, itre Ofrce ot tnl Oireaor, Los Angeles Regional_ Criminal lnformation Ctearinghouse (tJq oLEAR), Joint Regional lntelligence Center (JRIC), Southern california Drug Task Force (SCDTF) hereinafter
,HIDTA PROGRAMS".
RECITALS
W.|EREAS,H|DTAPRoGRAMSrequiresfiduciaryservicesforreceiving' maintaining, and expending grant funds awarded to HIDTA PROGRAMS through the office of National Drug Control Policy (ONDCP); and
WHEREAS,LAVERNEiswillingandabletoprovidetheservicesrequiredbyH|DTA PROGRAMS;
THEREFORE, THE PARTIES HERETOAGREE AS FOLLOWS:
l. scoPEoFAGREEMENT.Effective July'l,2022,LAVERNEwill receivefederal funds' ;; Uenan ot HTDTA pROGRAMS. LA VERNE and HIDTA PROGRAMS agree to the following:
(a) LA VERNE will coordinate with HIDTA PROGRAMS executive staff the transfer of i;eil ;;;;;.i;ireltrv rrilo uytt e current fiduciary, the c1y of Monrovia, to designated LA VERNE account codes.
(b)LAVERNEwillreceiveanddeposit,either!v.glts"|.orelectronictransaction,federal funds to be used in .rfidirt ot riiOiA'PROGRAMS. LA VERNE will ensure all federal iriiOi irtfiUl r,"pt in seir5rliJccounis or account codes. Funds will not be co-mingled with funds from any other source.
(c)LAVERNEwillbetherecipientofthe-federalawards(bystalutory.definition)for singte Audit purposes il bei" responsibitity for compliance with applicable federal laws and guidelines.
{'i,l':';Ifl :$""P"ElIiff ::",X'tEf'lf ffi i",.:XEJ"fl IS?1"f":SgHf;J!'fi XyJEt? comPliance concems.
LA VERNE, in coordination with LA VERNE auditors' will not approve HIDTA FiObliAlAG ixplnOituiJs-r tiiole ixpenUitures are concluded unallowable. under aooticable federat taws Jiirii"iinll. Att'accounting practices and internal controls must ;5il;;;;"6il4 with tne Uniform Guidance, 2 cFR 200'303' 1 Resolution No. 22-22
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(e) Awards received by LA VERNE for HIDTA PROGRAMS supportive services shall be "earmarked" (legally by City Council) for HIDTA PROGRAMS operational expenses. l.A VERNE agrees that awards "earmarked" for HIDTA PROGRAMS are specifically intended as fiscal rcsour@s to fulfill the mission and
2. operations of HIDTA PROGRAMS.
(0 Anticipated annual expenditures from the "earmarked" funds shall be appropriated in itie UVenrue annual birdget. HIDTA PROGRAMS agrees to supply a detailed annual budget for requested
HID1A PROGRAMS use of these funds before May 15th each year to be included in the LA VERNE annual budget. Budgel amendm€nts for unforeseen expgnditures will bo separately presented to LA VERNE Council or included in the l-A VERNE's mid-year budg6t apprbiriations as deemed appropriate by the--Lq V-ERNE Finance Division' Suci exiinditures will be appropriated by the LA HIDTA Executive Board prior to submission to the LA VERNE Finance Division.
(s) LA VERNE will not pay appropriated expenditures in excess of funds received and iEtognized as revenue by'LA VERNE unless there are available fund balance reserves specifically reskicted for HIDTA PROGRAMS activities.
(h) All expenditures in support of HIDTA PROGRAMS shall be approved by l-A HIDTA Eiecutivi Director or d6iignee. l-A VERNE will make payments for appropriated purchases, authorized agents/independent contractors -with agreements executed.by ihe Executive Board or HIDTA Executive Director or obligation payments as requested and ensure expenditures are in accordance with federal guidelines as well as the procurement policies of LA VERNE.
(i) ln the event l-A VERNE purchases goods that carry potential liability (such as automobiles),
HIDTA pRCIGRAMS agrees to secur6 and maintain insurance coverage to cor/er LA VERNE. HIDTA PROGRAMS shall consider leases versus purchases to limit LA VERNE s ownership of equiPment.
(i) ln enterins into agreements for the purchase of goods or services, certain imp_lied #airantbJ oiguaran[ees may b€ 6tabiished in the normal course of business. HIDTA FiOOnnUS igrees to appiove the continued obligations under such a situation or take necessary action to settle any created liability.
(k) ln the event that there are questioned or disallowed costs, HIDTA PROGRAMS ;reei to take steps from available funds to make the city whole for such ,iilirO,ifu"O .osis , t"fe any and all actions necessary to mitigate the underlying l"iue going fonn"rd, iully pafiiiipate in any remedial action plan deemed necessary by the LA VERNE Finance Division.
SPEclFlcExcLUSloNs.l-AVERNEwillnotphysicallyhandleanycashaEset ""i.*"..-f-c
VIRNE shall have no obligation to fund any of the debts' expen3es' ;ld;ift-;r-"p"r"tion" ot HTDTA pR6GRAMS whether or not describ€d in this Agreement.
2 Resolution No.22-22
83 July 18, 2022, City Council Meeting
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t ctw ALLoCATED SHARE OF FUNDS. lt is agreed that l-A VERNE will appropriate the sum of $150,000 (One Hundred Fifty Thousand Dollar) per year from the above described funds as-compensation for Lq VERNE fiduciary activities described herein. ihis appropriation will ieduce any fund balance available for HIDTA PROGRAMS purposes at the time the budget is approved.
TERM. This Agreement shall remain in efGc-t for an initial term of three (3) years.
Should LA VEiNe or HIDTA PROGRAMS wish to terminate this agreement a ninety- day notice will be given. should this gqreem€_n! be terminated, the palties will co6perate in the tranJfer of all HIDTA PROGRAMS funds and assets to a replacement fiduciary.
CoNF|DENTIALITY OF RECORDS. HIDTA PROGRAMS can request certain records be trcated as confidential. l-A VERNE will retain requested records as confidential except when disclosure is required by law or is necessary for LA VERNE operations Including requests made by lJ\ VERNE auditors and discussion by LA vERNE Council in pubtidforrims. tn the ev;nt that HIDTA PROGRAMS instructs LA VERNE to withhold daia or documents and that decision is challenged in court, HIDTA PROGRAMS agrees to appear and defend such action and hold LA VERNE harmless from any judgment or award of attomey's fees.
lNDEMNlFlcATloN. with respecl to its duties hereunder, LA VERNE shall indemnify and save harmless HIDTA PROGRAMS, its officers and employees, from and against any and all damages to property or injuries to 91 ae9$-9!-any person or persons' inciuding propedy;nd employees or agents of HIDTA PROGRAMS, and shall defend, indemniiy and sive harmtesi HIDTA PR9GRAMS, its officers, and employees, from and against any and all claims, domands, suits, actions or proceedings of any kind or nature] includin-g, but not by way of limitation, worker's compensation claims, resulting tr-m or arisingiut of the iregligent ac{s, intentional acb, errors or omissions of l-A VERNE, its employees or subcontractors'
with respect to its duties hereunder, HIDTA PROGRAMS shall indemnify and save narmresd LA VERNE, its officers and employees, from and against any and..all O"r"g"atopropertyorinjuriestoordeathofanypersonorpersons'including orooeity and emploiees or agents of l3 VERNE. and shall defend, indemniff and !;;;h;;i"d LA venNe, itJofficers, and emplovees, from and against anv and all .Lirr, J"..nOr, suits, a;tions or prcce€dings of any kind.or nature, including, but ..t UV *.V ot timitation, wo*efs compensation claims, resulting from 9r a{l!q 9ut.9f iilJ .'"iiigl"t aas, intentionat acrs, erroB or omissions of HTDTA pROGRAMS, its employees or subcontractors.
INSURANCE. LA VERNE will maintain in full force and effect during the term of this "gllr"nr"
policy of insurance, with a $1,ooo,ooo total limit per loss for employee ;i;h.;;air, i.j'gary and alteration, thefr, disappearance and destruction, robbery and safe burglary, aind-computer fraud including funds transfer coverage' 4 5.
6. 7
3 Resolution No.22-22
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E l-A VERNE NOT AGENT. Except as HIDTA PROGRAMS may specify, in writing' LA VERNE, its agents, employees and subcontrac,tors shall have no authority, expressed or implied, toic,t on behalf of HIDTA PROGRAMS as agents or othen ,ise, or to bind HIDTA PROGRAMS to any obligation'
FAIR EMPLOYMENT PRACTICES. LA VERNE agrees that all persons employed by l-A VERNE shall be treated equally without regard to or because of race, color, religion, ancestry, national origin, handicap, sex, marital status, or age in compliance- witli all antidisc'rimination laws of the United States of America and the State of California.
9 10.
.
COMPLIANCE WllH LAWS. LA VERNE agrees to comply with all State and Federal laws, rules and regulations now or hereafter in force pertaining to this Agreement.
SEVERABILITY. l-A VERNE and HIDTA PROGRAMS agree that the invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision.
t2. ATTORNEY'S FEES. lf any legal action, including an aclion for declaratory relief; is brought to enforce or interpret any of the provisions of this Agreement, the prevailing be entitled to reasonable attorney's fees and costs of suit in addition to any other relief to which it may be entitled.
party shall
13. t4. NOTICES. AnY
15. notice required in this Agreement to be given to either party may be prepaid, addressed as follows:
AUTHORITY TO EXECUTE. LA VERNE acknowledges and represents that th€ person €xecuting this Agreement on its behalf has the authority to do so. HIDTA irnoCnRus acinowledges and represents that the person executing this Agreement on its behalf has the authority to do so.
given by depositing in the United States mail, Postage
LA VERNE
City Manager
City of La Verne
3660 "D'Street
La Veme CA 91750-3599
LA HIDTA
Executive Director
Att: HIDTA Programs
1340 W. 6h Street
Los Angeles, CA 90017
16. CAL|FORNIA LAW TO GOVERN. This Agreement is entered into and shall be construed and interpreted in accordance with the laws of the State of Califomia' ENTIRE AGREEMENT. This Agreement contains the sole and entir€ agreement and ,iiJrii"-nOing of the Parties wiih respect to the.entire subiec't matter hereof, No oth6r ;;;;;^d;"i "pecificaly
contained herein orat or otherwise shal be deemed to exist or to bind any of the Parties hereto.
4 Resolution No.22-22
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17. wAlvER MODlFtcATloN AND AMENDMENT. No provisions may be waived unless the Agieement in writing is signed by all parties. Waiver of any one provision herein shall n6t Ue deemed to be a waiver of any other provisions herein' ctw oF l-A VERNE Attest:
By:
Tim Hepburn,
HIDTA PROGRAMS
Bass
LA HIDTA
t
d,om^ e'$ve.jr-)
Estrella, Assistant CityLupe
Clerk
Director
5 Resolution No.22'22
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4 THIS AGREEMENT made and entered on this l't day of July 2022, by and between the Los Angeles Regional Criminal Information Clearinghouse, hereinafter known as "LA CLEAR" an initiative approved by the governing authority of the Los Angeles High Intensrty Drug Trafficking Area (LA HIDTA) hereinafter known as EXECUTIVE BOARD, and CORDRAY ENTERPRISES LLC hereinafter known as CONTRACTOR.
WHEREAS, the EXECUTfVE BOARD, acting under the direction of the Office of National Drug Control Policy, Executive Office of the President hereinafter known as ONDCP, has approved LA CLEAR as an initiative within the LA HIDTA and has authorized the LA HIDTA Director or his/her designee to administer the selection of CONTRACTOR to serve as LA CLEAR Senior Training Coordinator, WHEREAS CONTRACTOR will provide expertise in the area of training and management.
WHEREAS, CONTRACTOR, LA CLEAR, will follow established policies and procedures of the ONDCP, the LA HIDTA and the LA CLEAR; NOW THEREFORE, it is agreed as follows:
1. The LA CLEAR Executive Director hereby selects CONTRACTOR to provide service in managing and overseeing the LA HIDTA Training Center in full support of LA CLEAR and LA HIDTA, and CONTRACTOR hereby agrees and accepts to perform such services.
DUTIES:
CONTRACTOR shall collaborate with LA CLEAR personnel and LA HIDTA management personnel and support the successful implementation of the LA CLEARS overall financial strategy and policies. CONTRACTOR shall conduct themselves in a professional manner that reflects positively on the LA CLEAR Program. The principal responsibilities of CONTRACTOR shall be to:
CONTRACTOR will manage and oversee the LA HIDTA/LA CLEAR Training Center, which will generally consist of scheduling, preparing, monitoring and overseeing faining classes both on and off site. Seeks out new instructors and classes which will enhance and firrther the training of the law enforcement community in relation the HIDTA guidelines set forth in the HIDTA Training Coordinator's manual. Assist and oversee classes/sfudents in a classroom environment and./or live streamed at the LAHIDTA / LACLEAR training center. Maintain training roosters and records for Page I of4
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3. 4.
6. 5.
statistical reports and annual reports to include the use of the HIDTA's PMP system.
Map out training plans, Innovate and develop relevant haining programs. Advertise available training opportunities to the Los Angeles HIDTA participants and LA CLEAR employees in firtherance of the tuaining mission. Provide and research necessary information, assess and identiff skills or knowledge gaps that need to be addressed along with maintaining all in-house haining equipment and facilities. Work jointly with other HIDTA training coordinators when applicable.
CONF'IDENTIALITY OF DATA:
All financial, statistical, personal, technical, and law enforcement sensitive data and information related to the work performed by CONTRACTOR, or which becomes available to CONTRACTOR in carrying out this Agreement, shall be protected for and on behalf of the LA CLEAR by CONTRACTOR from unauthorized use or unauthorized disclosure.
LIABILITY:
CONTRACTOR agrees and understands that he shall not be provided legal representation for any claims or causes of action arising from his performance hereunder. CONTRACTOR further agrees to have and to keep professional liability insurance during the term of the contract in an amount sufficient to cover any contingency resulting from this contract.
PROf,'ESSIONAL LIABILITY:
In connection with the provision of CONTRACTOR'S duties, CONTRACTOR shall indemnify, defend, and hold ONDCP, LA HIDTA and LA CLEAR harmless for any and all claims, lawsuits,legal expenses, and any other costs related to the performance or non-performance of this Agreement.
NON.APPROPRIATION OF X'UNDS:
It is specifically understood and agreed, that in the event no funds or insuffrcient funds are appropriated and/or budgeted concerning the obligations under this contract this Agreement shall thereafter terminate and be null and void on the last day of the fiscal period for which appropriations were made without penalty, liability, or expenses to LA CLEAR.
COMPENSATION:
a. coNTRACToR shall be compensated for the period beginning July r, 2022, as directed by the LA HIDTA Executive Board's budget approvals, for work Page? of 4
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8. TAXES:
CONTRACTOR shall be solely responsible for any and all federal, state, and local tax consequences that result from his receipt of any payments or reimbursements paid in accordance with this AGREEMENT.
In performing the services herein specified, coNTRACToR is acting as an independent contractor, and CONTRACTOR shall not be considered an employee of LA HIDTA, LA CLEAR or its Fiduciary the City of La Verne. In no event, shall this be construed as establishing a partnership or joint venture or similar relationships between the parties hereto, and nothing contained herein shall be construed as creating the relationship of employer and employee between LA HIDTA, LA CLEAR and CONTRACTOR. CONTRACTOR shall not be eligibte for any employee benefit plan of,fered by the fiduciary city of La Veme.
10. DURATION AND TERMINATION:
CONTRACTOR shall enter into service for the period beginning July 1, 2022.
CONTRACTOR and/or the LA CLEAR may terminate this Agreement without cause by giving thirty (30) days written notice to the other party, Once notice of termination is given by CONTRACTOR and/or LA CLEA& the CONTRACTOR must immediately return all materials that belong to the initiative and may not retum to the premises for any reason without authorization.
performed under this agreement and shall continue to receive compensation until agreement is terminated.
b. Payment will be made intwelve (12) equal installments of $7,250.00.
LAWS GOYERNING CONTRACT:
For purpose of determining the place of Agreement and the laws governing same, this Agreement is entered into in the County of Los Angeles, California, and shall be governed by the laws of Califomia with venue in Los Angeles County.
9. 11.
12. ENTIRE AGREEMENT:
This Agreement constitutes and expresses the entire Agreement between the parties and shall not be amended or modified except by written instrument signed by both parties.
13. ASSIGNMENT OF SI]BLETTING:
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This Agreement shall not be assigrred or sublet in whole or in pa.rt.
Both parties will act, at all times, in compliance with all pertinent City and County ordinances, orders, regulations and policics, as well as all applicable State and Federal Laws, including the HIDTA Program Policy and Budget Guidance (dated Septembo 9, 2021), the Los Angeles IIIDTA EXECUTM BOARD Charter, as well as policies and procedures set forth by LA CLEAR.
NOTTCES:
Any notice or writing requfued or permitted to be given under the terms of this Agreement shall be regarded as delivered when a copy of same has been delivered to the party entitled to receive it by Certified Mail, Return Receipt Requested, or by pcrsonal delivery at the address below or zuch address as a party may designate by written notice to the other party.
TO CONTRACTOR Cordray Enterprises LLC
5534 Katherine Steet
Simi Valley, CA 93063
5700 S. Eastem Ave
Commerce, CA 90040
1340 W. 6th Street
Los Angeles, CA 90017
City Manager
CityoftaVeme
3660 "D" Street
La Vcrnc CA 91750-3599
LA CLEAR
SIGNED and executed on this day of 2022.
Kermeth Cordray
14. 15.
LAHIDTA
DIRECTOR'S OFFICE
FIDUCIARY
z
Cordray
LA CLEAR
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1. AGREEMENT f,'OR LA IIIDTA DRUG INTELLIGENCE OFT'ICER THIS AGREEMENT made and entered on this l't day of July 2022, by and between the JOINT REGIONAL INTELLIGENCE CENTER, hereinafter known as JR[C, the LOS ANGELES HIGH INTENSITY DRUG TRAFFICKING AREA hereinafter known as LA HIDTA, its governing authority hereinafter known as EXECUTIVE BOARD, and DEROTAN VENTURES LLC, hereinafter known as CONTRACTOR.
WHEREAS, the EXECUTIVE BOARD, acting under the direction of the Office of National Drug Control Policy, Executive Office of the President hereinafter known as ONDCP, has authorized the LA HIDTA Director or his/her designee to administer the selection of CONTRACTOR to serve as LA HIDTA Drug Intelligence Officer (DIO); WHEREAS, CONTRACTOR has expertise in the area of drug related intelligence and program management.
WHEREAS, CONTRACTOR will be directed by the JRIC and LA HIDTA EXECUTIVE BOARD, and will follow established policies and procedures of the JRIC, ONDCP ANd thE LA HIDTA;
NOW TIIEREFORE, it is agreed as follows:
ENGAGEMENT OF CONTRACTOR:
The JRIC Executive Director, or their designee, has been designated by ONDCP as the Project Manager - Grantee for the Drug Intelligence Officer of LA HIDTA under which this agreement is administered and thereby selects CONTRACTOR to provide DIO expertise in full support of the LA HIDTA, and CONTRACTOR hereby agrees and accepts to perform such services.
2. DUTIES:
CONTRACTOR shall perform the professional services as the LA HIDTA Drug Intelligence Officer (DIO). The DIO will facilitate distribution of drug-related intelligence throughout the four counties that comprise the LA HIDTA Area of Operation (i.e., Los Angeles, Orange, Riverside and San Bernardino Counties), in coordination with the other Overdose Response System (ORS) DIO throughout the National HIDTA Program. The DIO is to facilitate interagency, public health/public safety collaboration within the LA HIDTA Region and beyond.
CONFIDENTIALITY OF DATA:
All financial, statistical, personal, technical, and law enforcement sensitive data and information related to the work performed by CONTRACTOR, or which becomes
3. Page I of4
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4. 5.
6. 7
available to CONTRACTOR in carrying outthis Agreement, shall be protected for and on behalf of the HIDTA by CONTRACTOR from unauthorized use or unauthorized disclosure.
LIABILITY:
CONTRACTOR agrees and understands that he shall not be provided legal representation for any claims or causes of action arising from his performance hereunder. CONTRACTOR further agrees to have and to keep professional liability insurance during the term of the contract in an amount sufficient to cover any contingency resulting from this contract.
PROf,'ESSIONAL LIABILITY:
In connection with the provision of CONTRACTOR'S duties, CONTRACTOR shall indemnifr, defend, and hold LA HIDTA harmless for any and all claims, lawsuits, legal expenses, and any other costs related to the performance or non-performance of this Agreement.
NON.APPROPRIATION OF X'UNDS:
It is specifically understood and agreed, that in the event no firnds or insufficient funds are appropriated and/or budgeted concerning the obligations under this contract this Agreement shall thereafter terminate and be null and void on the last day of the fiscal period for which appropriations were made without penalty, liability, or expenses to LA HIDTA.
COMPENSATION:
a. coNTRACToR shall be compensated for the period beginning July l, zo2z, as directed by the LA HIDTA Executive Board's budget approvals, for work performed under this agreement and shall continue to receive compensation until agreement is terminated.
b. Payment will be made in twelve (12) equal installments $8,937.50.
TAXES:
CONTRACTOR shall be solely responsible for any and all federal, state, and local tax consequences that result from his receipt of any payments or reimbursements paid in accordance with this AGREEMENT.
ITTDEPENDENT CONTRACTOR:
In performing the services herein specified, coNTRACToR is acting as an Page2 of 4
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independent contractoro and CONTRACTOR shall not be considered an employee of LA HIDTA or its Fiduciary the City of La Veme. In no event, shall this be construed as establishing a partnership or joint venture or similar relationships between the parties hereto, and nothing contained herein shall be construed as creating the relationship of employer and employee between LA HIDTA and CONTRACTOR.
CONTRACTOR shall not be eligible for any employee benefit plan offered by LA HIDTA or its Fiduciary the City of La Verne.
10. DURATION AND TERMINATION:
CONTRACTOR shall enter into service for the period beginning July 1, 2022.
CONTRACTOR and/or the HIDTA EXECUTIVE BOARD may terminate this Agreement without cause by giving thirty (30) days written notice to the other party.
All personnel actions require a majority vote by the LA HIDTA EXECUTM BOARD. Once notice of termination is given by CONTRACTOR and/or the HIDTA EXECUTIVE BOARD, the CONTRACTOR must immediately return all materials that belong to the initiative and may not return to the premises for any reason without written authorization by the LA HIDTA EXECUTIVE BOARD.
11. LAWS GOVERNING CONTRACT:
For purpose of determining the place of Agreement and the laws governing same, this Agreement is entered into in the County of Los Angeles, Califomia, and shall be governed by the laws of Califomia with venue in Los Angeles County.
12. ENTIRE AGREEMENT:
This Agreement constifutes and expresses the entire Agreement between the parties and shall not be amended or modified except by written instrument signed by both parties.
13. ASSIGNMENT OF SUBLETTING:
This Agreement shall not be assigned or sublet in whole or in part.
14. COMPLIANCE WITH ALL LAWS:
Both parties will act, at all times, in compliance with all pertinent City and County ordinances, orders, regulations and policies, as well as all applicable State and Federal Laws, including the most current HIDTA Program Policy and Budget Guidance and the Los Angeles HIDTA EXECUTIVE BOARD Charter.
NOTICES:
Any notice or writing required or permitted to be given under the terms of this
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Agreement shall be regarded as delivered when a copy of sane has been delivered to the party entitled io receive it by Certified Mail, Return Receipt Requested, or by pemonal delivery at the address below or such address as a party may designate by written notice to the other party.
TOCONTRACTOR Deroian Ventules, LLC
2151 Bellhaven Ave
Simi Valley, CA 93063
1340 W 6d' Street
Los Angeles, CA 90017
City Manager
City of La Verne
3660'D" Sheet
La Verne CA 91750-3599
SIGNED and executed on this / 4.lh day of ) .-)rE 2022.
Deroian, Owner & CEO Dircctor
Deroian Ventures, LLC LAHDTA
(On behalfofthe JRIC Executive
Director John SGdman)
LAHIDTA
DIRECTOR'S OFFICE
FIDUCIARY
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I
AGREEMENT FOR LA HIDTA IT SPECIALIST
THIS AGREEMENT made and entered on this I't day of July 2022, by and between the SOUTHERN CALIFORMA DRUG TASK FORCE, hereinafter known as SCDTF, the LOS ANGELES HIGH INTENSITY DRUG TRAFFICKING AREA hereinafter known as LA HIDTA, its governing authority hereinafter known as EXECUTIVE BOARD, and ECPC Solutions LLC, hereinafter known as CONTRACTOR.
WHEREAS, the EXECUTIVE BOARD, acting under the direction of the Office of National Drug Control Policy, Executive Office of the President hereinafter known as ONDCP, has authorized the LA HIDTA Director or his/her designee to administer the selection of CONTRACTOR to serve as SCDTF IT Specialist, WHEREAS, CONTRACTOR has expeftise in the area of IT Support.
WHEREAS, CONTRACTOR will be directed by the SCDTF and LA HIDTA EXECUTIVE BOARD, and will follow established policies and procedures of the SCDTF, ONDCP and the LA HIDTA;
NOW THEREFORE, it is agreed as follows:
ENGAGEMENT OF CONTRACTOR:
The SCDTF Executive Director, or their designee, has been designated by ONDCP as the Project Manager, Lrnder which this agreenrent is adnrinistered and thereby selects CONTRACTOR to provide IT support in full support of the SCDTF, and CONTRACTOR hereby agrees and accepts to perform such services.
2. DUTIES:
CONTRACTOR shall support the day-to-day IT operations, as well as, assist improving and deploying new/existing IT infi'asttucture systems; analyze and troubleshoot systems anomalies to ensure optimum equipment perforn,ance; perform hardware/software system configuration, upgrades and modifications; maintain file servers, f'rrewalls, networ* access, security monitoring systems and system documentation as required; establish complex operational software configuration conilols and system interfaces fbr computer systern(s) assigned; provide help desk & troubleshooting and all other duties as assigned.
CONFIDENTIALITY OF DATA:
All financial, statistical, personal, technical, and law enforcement sensitive data and infolmation related to the work performed by CONTRACTOR, or which becomes available to CONTRACTOR in carrying out this Agleement, shall be protected tbr and
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4. 5.
on behalf of the HIDTA by CONTRACTOR from unauthorized use or unauthorized disclosure.
LIABILITY:
CONTRACTOR agrees and understands that he shall not be provided legal representation for any claims or causes of action arising from his performance hereunder. CONTRACTOR further agrees to have and to keep professional liability insurance during the term of the contract in an amount sufficient to cover any contingency resulting from this contract.
In connection with the provision of CONTRACTOR'S duties, CONTRACTOR shall indemnifr, defend, and hold LA HIDTA harmless for any and all claims, lawsuits, legal expenses, and any other costs related to the performance or non-performance of this Agreement.
It is specifically understood and agreed, that in the event no funds or insufficient funds are appropriated and/or budgeted concerning the obligations under this contract this Agreement shall thereafter terminate and be null and void on the last day ofthe fiscal period for which appropriations were made without penalty, liability, or expenses to LA HIDTA.
a. CONTRACTOR shall be compensated for the period beginning July 1,2022, as directed by the LA HIDTA Executive Board's budget approvals, for work performed under this agreement and shall continue to receive compensation until agreement is terminated.
b. Payment will be made in twelve (12) equal installments $7,084.00.
TAXES:
CONTRACTOR shall be solely responsible for any and all federal, state, and local tax consequences that result from his receipt of any payments or reimbursements paid in accordance with this AGREEMENT.
In performing the services herein specified, CONTRACTOR is acting as an independent contractor, and CONTRACTOR shall not be considered an employee of 7 6-
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10. LA HIDTA or its Fiduciary the City of La Verne. In no event, shall this be construed as establishing a partnership or joint venture or similar relationships between the parties hereto, and nothing contained herein shall be construed as creating the relationship of employer and employee between LA HIDTA and CONTRACTOR.
CONTRACTOR shall not be eligible for any employee benefit plan offered by LA HIDTA or its Fiduciary the City of La Verne.
CONTRACTOR shall enter into service for the period beginning July 1,2022.
CONTRACTOR and/or the HIDTA EXECUTM BOARD may terminate this Agreement without cause by giving thirty (30) days written notice to the other party.
All personnel actions require a majority vote by the LA HIDTA EXECUTIVE BOARD. Once notice of termination is given by CONTRACTOR and/or the HIDTA EXECUTIVE BOARD, the CONTRACTOR must immediately return all materials that belong to the initiative and may not retum to the premises for any reason without written authorization by the LA HIDTA EXECUTIVE BOARD,
LAWS GOVERNING CONTRACT:
For purpose of determining the place of Agreement and the laws governing same, this Agreement is entered into in the County of Los Angeles, California, and shall be governed by the laws of California with venue in Los Angeles County.
ENTIRE AGREEMENT:
This Agreement constitutes and expresses the entire Agreement between the parties and shall not be amended or modified except by written instrument signed by both parties.
ASSIGNMENT OF SUBLETTING:
This Agreement shall not be assigned or sublet in whole or in part.
11. 12.
13. 14. COMPLIANCE WITII ALLLAWS:
Both parties will act, at all times, in compliance with all pertinent Crty and County ordinances, orders, regulations and policies, as well as all applicable State and Federal Laws, including the most current HIDTA Program Policy and Budget Guidance and the Los Angeles HIDTA EXECUTIVE BOARD Charter.
NOTICES:
Any notice or writing required or permitted to be given under the terms of this Agreement shall be regarded as delivered when a copy of same has been delivered to
15.
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the party entitled to receive it by Certified Mail, Return Receipt Requested, or by personal delivery at the address below or such address as a party may designate by written notice to the other party.
TO CONTRACTOR ECPC Solutions
11436 Silver Spur Ave
Fontana, Ca92337
1340 W. 6th Street
Los Angeles, CA 90017
City Manager
City of La Verne
3660 "D" Street
La Veme CA 91750-3599
SIGNED and executed on this 16 day of Jwe,2022.
LA HIDTA
DIRECTOR'S OFFICE
FIDUCIARY
A4
Eryk Coles, Owner & CEO
ECPC Solutions, LLC
€€a^t vl<-.tsEy
SCDTF
98 July 18, 2022, City Council Meeting
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I
AGREEMENT T'OR LA HIDTA FINAI{CE MANAGER
THIS AGREEMENT made and entered on this l't day of July 2022, by and between the LoS ANGELES IIIGH INTENSITY DRUG TRAFFICKING AREA hereinafter known as LA HIDTA, and its governing authority hereinafter known as EXECUTTVE BOARD, and LIBERTY COASTAL, LLC, hereinafter known as CONTRACTOR.
WHEREAS, the EXECUTIVE BOARD, acting under the direction of the Office of National Drug Control Policy, Executive Office of the President hereinafter known as ONDCP, has authorized the LA HIDTA Director or his/her designee to administer the selection of coNrnacToR to serve as LA HIDTA Finance Manager; WHEREAS, coNTRACToR has expertise in the area of finance and grant management.
WHEREAS, CONTRACTOR will be directed by the LA HIDTA EXECUTIVE BOARD, and will follow established policies and procedures of the, ONDCP and the LA HIDTA;
NOW THEREFORE, it is agreed as follows:
ENGAGEMENT OF' CONTRACTOR:
The LA HIDTA Director, hereby selects CONTRACTOR to provide pMp project Management in full support of the LA HIDTA, and coNTRACToR hereby agrees and accepts to perform such services.
2. DUTIES:
CONTRACTOR shall perform the professional services as directed by the Executive Board Chairperson ofthe LA HIDTA, includingthe development of effrcient and effective financial processes and procedures for the LA HIDTA. Which will include procedures for ongoing budget review of LA HIDTA funded initiatives, assist in the preparation of financial reports, and other duties as required. Additionally, CONTRACTOR will be expected to travel to other HIDTA's and regions for meetings and to review various processes and administrative procedures in order to provide guidance for developing effective procedures for the LA HIDTA.
CONI'IDENTIALITY OF DATA:
All financial, statistical, personal, technical, and law enforcement sensitive data and information related to the work performed by CONTRACTOR, or which becomes available to CONTRACTOR in carrying out this Agreement, shalt be protected for and on behalf of the HIDTA by CONTRACTOR from unauthorized use or unauthorized disclosure.
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4. LIABILITY:
CONTRACTOR agrees and understands that he shall not be provided legal representation for any claims or causes of action arising from his performance hereunder. CONTRACTOR further agrees to have and to keep professional liability insurance during the term of the contract in an amount sufficient to cover any contingency resulting from this contract
In connection with the provision of CONTRACTOR'S duties, CONTRACTOR shall indemnifr, defend, and hold LA HIDTA harmless for any and all claims, lawsuits, legal expenses, and any other costs related to the performance or non-performance of this Agreement.
It is specifically understood and agreed, that in the event no funds or insuffrcient funds are appropriated and./or budgeted conceming the obligations under this contract this Agreement shall thereafter terminate and be null and void on the last day ofthe fiscal period for which appropriations were made without penalty, liability, or expenses to LAHIDTA.
a. CONTRACTOR shall be compensated for the period beginning July 1,2022, as directed by the LA HIDTA Executive Board's budget approvals, for work performed under this agrcement and shall continue to receive compensation until agreement is teminated.
b. Payment will be made in twelve (12) equal installments $13,907.08.
TAXES:
CONTRACTOR shall be solely responsible for any and all federal, state, and local tax consequences t}rat result from his receipt of any payments or reimbursements paid in accordance with this AGREEMENT.
In performing the services herein specified, CONTRACTOR is acting as an independent contractor, and CONTRACTOR shall not be considered an employee of LA HIDTA or its Fiduciary the City of La Veme. In no event, shall this be ionstrued as establishing a partnership or joint venture or similar rclationships between the S.
6-
7 8.
9.
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parties hereto, and nothing contained herein shall be consffued as creating the relationship of employer and employee between LA HIDTA and GoNTRACTOR, CONTRACTOR shall not be eligible for any employee benefit plan offered by LA HIDTA or its Fiduciary the City of LaVeme.
10. DURATION AND TERMINATION:
CONTRACTOR shall enter into service for the period beginning July 1, 2022.
CONTRACTOR and/or the HIDTA EXECUTIVE BOARD may terminate this Agreement without cause by giving thirty (30) days written notice to the other party.
All personnel actions require a majority vote by the LA HIDTA EXECUTIVE BOARD. Once notice of termination is given by CONTRACTOR and/or the HIDTA EXECUTIVE BOARD, the CONTRACTOR must immediately retum all materials that belong to the initiative and may not return to the premises for any reason without written authorization by the LA HIDTA EXECUTIVE BOARD.
11. LAWS GOVERNING CONTRACT:
For purpose of determining the place of Agreement and the laws governing same, this Agreement is entered into in the County of Los Angeles, California, and shall be governed by the laws of California with venue in Los Angeles County.
L2. ENTIRE AGREEMENT:
This Agreement constitutes and expresses the entire Agreement between the parties and shall not be amended or modified except by written instrument signed by both parties.
13. ASSIGNMENT OF STIBLETTING:
This Agreement shall not be assigned or sublet in whole or in part.
14. COMPLIAITTCE WITH ALL LAWS:
Both parties will act, at all times, in compliance with all pertinent City and County ordinances, orders, regulations and policies, as well as all applicable State and Federal Laws, including the most current HIDTA Program Policy and Budget Guidance and the Los Angeles HIDTA EXECUTIVE BOARD Charter.
15. NOTICES:
Any notice or writing required or permitted to be given under the terms of this Agreement shall be regarded as delivered when a copy of same has been delivered to the party entitled to receive it by Certifred Mail, Return Receipt Requested, or by personal delivery at the address below or such address as a party may designate by
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written notice to the other party.
TOCONTRACTOR
LAHIDTA
DIRECTOR'S OFFICE
FIDUCIARY
SIGNED and executed on this day of
Kiltz, Owner & CEO
Liberty Coastal, LLC
Liberty coastal LLc
18744 Roxbury Ln
Huntington Beach, C A 92648
1340 W. 6s Street
Los Angeles, CA 90017
City Manager
City of La Verne
3660'D" Street
La Verne CA 91750-3599
Bass,
LAHIDTA
2022
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I
AGREEMENT FOR LA HIDTA PMP PROJECT MANAGER
THIS AGREEMENT made and entered on this I't day of July 2022, by and between the LoS ANGELES HIGH INTENSITY DRUG TRAFFICKING AREA hereinafter known as "LA HIDTA" and its governing authority hereinafter known as EXECUTTE BOARD, and Michael Tynes, hereinafter known as GoNTRACTOR.
WHEREAS, the EXECUTIVE BOARD, acting under the direction of the Office of National Drug Control Policy, Executive Office of the President hereinafter known as ONDCP, has authorized the LA HIDTA Director or his/her designee to administer the selection of CONTRACTOR to serye as LA HIDTA PMP Project Manager; WHEREAS, CONTRACTOR has expertise in the area of targeted threat assessments and perfonnance management.
WHEREAS, CONTRACTOR will be directed by the LA HIDTA DGCUTTVE BOARD, and will follow established policies and procedures of the, ONDCP and the LA HIDTA;
NOW THEREFORE, it is agreed as follows:
ENGAGEMENT OF CONTRACTOR:
The LA HIDTA Director, hereby selects CoNTRACToRto provide pMp project Management in full support of the LA HIDTA, and coNTRACToR hereby agrees and accepts to perform such services.
2. DUTIES:
CONTRACTOR shall perform the professional services as the Performance Management Process (PMP) Manager (Program Analyst) who incorporates the implementation of the Performance Management Process for the LA HIDTA's Annual Baseline Threat Assessment Report, along with the LA HIDTA Strategy and Annual Reports, respectively. This is accomplished through data collection from all the LA HIDTA funded Task Force Initiatives and InvestigativeAntelligence Support Centers, and CONTRACTOR will be solely responsible for the accurate inputting of same into the PMP database in a timely manner.
CONTRACTOR will also be responsible for quarterly reporting to the PMP database, the completion of the LA HIDTA Annual Baseline Threat Assessment Report and other duties as assigned.
CONFIDENTIALITY OF DATA:
All financial, statistical, personal, technical, and law enforcement sensitive data and information related to the work performed by CONTRACToR, or which becomes available to CONTRACTOR in carrying out this Agreement, shall be protected for and
3. Page I of4
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4. on behalf of the HIDTA by CONTRACTOR from unauthorized use or unauthorized disclosure.
CONTRACTOR agrces and understands that he shall not be provided legal representation for any claims or causes of aotion arising from his performance hereunder. CONTRACTOR further agrees to have and to keep professional liability insurance during the term of the contract in an amount sufficient to cover any contingency resulting from this conhact.
In connection with the provision of CONTRACTOR'S duties, CONTRACTOR shall indemni$,, defend, and hold LA HIDTA harmless for any and all claims, lawsuits, legal expenses, and any other costs related to the perfonnance or non-performance of this Agreement.
It is specifically understood and agreed, that in the event no fiurds or insufficient funds are appropriated and/or budgeted concerning the obligations under this conhact this Agreement shall thereafter terminate and be null and void on the last day ofthe fiscal period for which appropriations were made without penalty, liability, or expenses to LAHIDTA.
a. CONTRACTOR shall be compensated for the period beginning July 1,2022, as directed by the LA HIDTA Executive Board's budget approvals, for work performed under this agreement and shall continue to receive compensation until agreement is terminated.
b. Payment will be made in twelve (12) equal installmenrs $11,000.00.
TAXESI
CONTRACTOR shall be solely responsible for any and all federal, state, and local tax consequences tlnt result from his receipt ofany payments or reimbursements paid in accordance with this AGREEMENT.
ln performing the services herein specified, CONTRACTOR is acting as an independent contractor, and CONTRACTOR shall not be considered an employee of
5. 6.
8. 9-
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10. 11.
12. LA HIDTA or its Fiduciary the City of La Verne. In no event, shall this be construed as establishing a parfrrership or joint venture or similar relationships between the parties hereto, and nothing contained herein shall be construed as creating the relationship of employer and employee between LA HIDTA and CONTRACTOR.
CONTRACTOR shall not be eligible for any employee benefit plan offered by LA HIDTA or its Fiduciary the City of LaVeme.
DURATION AND TERMINATION:
CONTRACTOR shall enter into service for the period beginning July 1, 2022. coNTRACToR and/or the HIDTA EXECUTIVE B0ARD may terminate this Agreement without cause by giving thirty (30) days written notice to tho other party.
All personnel actions require a majority vote by the LA HIDTA EXECUTIVE BOARD. Once notice of termination is given by CONTRACTOR andlor the HIDTA EXECUTIVE BOARD, the CONTRACTOR must immediately return all materials that belong to the initiative and may not return to the premises for any reason without written authorization by the LA HIDTA E)(ECUTM BOARD.
LAWS GOVERNING CONTRACT:
Forpurpose of determining the place of Agreement and the laws goveming same, this Agreement is entered into in the County of Los Angeles, California, and shall be governed by the laws of California with venue in Los Angeles Cowrty.
13. ENTIRE AGREEMENT:
This Agreement constitutes and expresses the entire Agreement between the parties and shall not be amended or modified except by written instrument signed by both parties.
ASSIGNMENT OX' SUBLETTING:
This Agreement shall not be assigned or sublet in whole or in part.
14. COMPLIANCE WITII ALL LAWS:
Both parties will act, at all times, in compliance with all pertinent City and County ordinances, orders, regulations and policies, as well as all applicable State and Federal Laws, including the most cutrent HIDTA Program Policy and Budget Guidance and the Los Angeles HIDTA EXECUTIVE BOARD Charter.
15. NOTICES:
Any notice or writing required or permitted to be given under the terms of this Agreement shall be regarded as delivered when a copy of same has been delivered to
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the party entitled to receive it by Certified Msil, Rehm Receipt Requested, or by personal delivery at the address below or such address as a party may designate by written notice to the other party.
SIGNED and executed on tlds
Michael Tynes
Independent
,r7-
day of ,)t,/^,/t
TOCONTRACTOR
LAHIDTA
DIRECTOR'S OFFICE
FIDUCIARY
Michael Tynes
Independent Contractor
15791 Astral St
Chino Hills, CA 91709
l34o w. 66 Sheet
Los Angeles, CA 90017
City Manager
City of La Verne
3660 'D" Street
La Veme CA 91750-3599
LAHIDTA
2022
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\
AGREEMENT X'OR LA IIIDTA DEPUTY DIRECTOR
THIS AGREEMENT made and entered on this I't day of July 2022, by and between the LoS ANGELES HIGH INTENSITY DRUG TRAFFICKING AREA hereinafter known as LA HIDTA, and its governing authority hereinafter known as EXECUTIVE BOARD, and owsLEY ENTERPRISES, LLC, hereinafter known as CONTRACTOR.
WHEREAS, the EXECUTIVE BOARD, acting underthe direction of the Office ofNational Drug Control Policy, Executive Office ofthe President hereinafter known as ONDCP, has authorized the LA HIDTA Director or hislher designee to administer the selection of CoNTRACTOR to serve as LA HIDTA Deputy Director;'WHEREAS, CONTRACTOR has expertise in the area of executive management.
WHEREAS, CONTRACTOR will be directed by the LA HIDTA DGCUTIVE BOARD, and will follow established policies and procedures of the, ONDCP and the LA HIDTA;
NOW TIIEREFORE, it is agreed as follows:
1. ENGAGEMENT OF CONTRACTOR:
The LA HIDTA Director, hereby selects coNTRACToR to provide deputy director leadership in full support of the LA HIDTA, and CoNTRACTOR hereby agrees and acceps to perform such services.
2. DUTIES:
CONTRACTOR shall perform the professional services as directed by the HIDTA Director and/or Executive Board Chairperson ofthe LA HIDTA, including the development of efficient and effective adminishative processes and procedures for the LA HIDTA. Conduct required annual operational and administrative (financial) reviews of the HIDTA - funded initiatives.
Participate in the preparation ofthe Threat Assessment, Strategy and Annual Report and other duties as required. Additionally, CONTRACTOR will be expected to havelto other HIDTA's and regions for meetings and to review various processes and administrative procedures in order to provide guidance for developing effective procedures for the LA HIDTA.
3. CONFIDENTIALITY OF DATA:
All financial, statistical, personal, technical, and law enforcement sensitive data and information related to the work performed by CONTRACToR, or which becomes available to CONTRACTOR in carrying out this Agreement, shall be protected for and on behalf of the HIDTA by CONTRACTOR from unauthorized use or unauthorized disclosure.
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4. LIABILITY:
CONTRACTOR agrees and understands that he shall not be provided legal representation for any claims or causes of action arising from his performance hereunder. CONTRACTOR further agrees to have and to keep professional liability insurance during the term of the conhact in an amount sufficient to cover any contingency resulting from this contract.
PROFESSIONAL LIABILITY:
In connection with the provision of CONTRACTOR'S duties, CONTRACTOR shall indemniff, defend, and hold LA HIDTA harmless for any and all claims, lawsuits, legal expenses, and any other costs related to the performance or non-performance of this Agreement.
NON-APPROPRIATION OF FIINDS :
It is specifically understood and agreed, that in the event no funds or insufficient funds are appropriated and/or budgeted conceming the obligations under this contract this Agreement shall thereafter terminate and be null and void on the last day of the fiscal period for which appropriations were made without penalty, liability, or expenses to LA HIDTA.
COMPENSATION:
a. CONTRACTOR shall be compensated for the period beginning July 1,2022, as directed by the LA HIDTA Executive Board's budget approvals, for work performed under this agreement and shall continue to receive compensation until agreement is terminated.
b. Payment will be made in twelve (12) equal installments $14,326.97.
TAXES:
CONTRACTOR shall be solely responsible for any and all federal, state, and local tax consequences that result from his receipt of any payments or reimbursements paid in accordance with this AGREEMENT.
INDEPENDENT CONTRACTOR:
In performing the services herein specified, CONTRACTOR is acting as an independent contractor, and CONTRACTOR shall not be considered an employee of LA HIDTA or its Fiduciary the City of La Verne. In no event, shall this be construed as establishing a partnership or joint venture or similar relationships between the parties hereto, and nothing contained herein shall be construed as creating the
6. l.
8. 7.
9.
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10. 11.
12. 14.
15. 13.
relationship of employer and employee between LA HIDTA and CONTRACTOR.
CONTRACTOR shall not be eligible for any employee benefit plan offered by LA HIDTA or its Fiduciary the City of LaVerne.
DURATION AND TERMINATION:
CONTRACTOR shall enter into service for the period beginning July 1, 2022.
CONTRACTOR and/or the HIDTA EXECUTIVE BOARD may terminate this Agreement without cause by giving thirly (30) days written notice to the other party.
All personnel actions require a majority vote by the LA HIDTA EXECUTIVE BOARD. Once notice of termination is given by CONTRACTOR and/or the HIDTA EXECUTIVE BOARD, the CONTRACTOR must immediately return all materials that belong to the initiative and may not return to the premises for any reason without written authorization by the LA HIDTA EXECUTIVE BOARD.
LAWS GOVERNING CONTRACT:
For purpose of determining the place of Agreement and the laws governing same, this Agreement is entered into in the County of Los Angeles, Califomia, and shall be govemed by the laws of Californiawith venue in Los Angeles County.
ENTIRE AGREEMENT:
This Agreement constitutes and expresses the entire Agreement between the parties and shall not be amended or modified except by written instrument signed by both parties.
ASSIGNMENT OF SI]BLETTING:
This Agreement shall not be assigned or sublet in whole or in part.
COMPLIANCE WITII ALL LAWS:
Both parties will act, at all times, in compliance with all pertinent City and County ordinances, orders, regulations and policies, as well as all applicable State and Federal Laws, including the most current HIDTA Program Policy and Budget Guidance and the Los Angeles HIDTA EXECUTIVE BOARD Charter.
NOTICES:
Any notice or writing required or permitted to be given under the terms of this Agreement shall be regarded as delivered when a copy of same has been delivered to the party entitled to receive it by Certified Mail, Return Receipt Requested, or by personal delivery at the address below or such address as a party may designate by written notice to the other party.
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t
TO CONTRACTOR
LA HIDTA
HEADQUARTERS
OFFICE
Douglas Owsley, Owner & CEO
Owsley Enterprises, LLC
Owsley Enterprises, LLC
4195 Chino Hills Parkway,#|l
Chino Hills, CA 91709-2618
1340 W.6fr Street
Los Angeles, CA 90017-1204
GRANTEE/FIDUCIARY City Manager
City of La Verne
3660 *D" Street
La Verne, CA 91750-3599
SIGNED and executed onthis !i--day of ]TUNE 2022.
f
Roger Bass,
LA HIDTA
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1 AGREEMENT FOR LA IIIDTA DIRECTOR
THIS AGREEMENT made and entered on this I't day of July 2022, by and between the LOS ANGELES HIGH INTENSITY DRUG TRAFFICKING AREA hereinafter known as "LA HIDTA" and its governing authority hereinafter known as EXECUTIVE BOARD, and Bq@, hereinafter known as CONTRACTOR.
WHEREAS, the EXECUTIVE BOARD, acting under mandate by the Office of National Drug Control Policy, Executive Office of the President hereinafter known as ONDCP, has selected CONTRACTOR to serve as LA HIDTA Director; WHEREAS, CONTRACTOR has expertise in the area of executive leadership.
WHEREAS, CONTRACTOR will be directed by the LA HIDTA EXECUTIVE BOARD, and will follow established policies and procedures of the, ONDCP and the LA HIDTA;
NOW TI{EREFORE, it is agreed as follows:
ENGAGEMENT OF CONTRACTOR:
The LA HIDTA EXECUTIVE BOARD, hereby selects CONTRACTOR to provide executive level leadership in full support of the LA HIDTA, and CONTRACTOR hereby agrees and accepts to perform such services. ,, RESPONSIBILITIES:
CONTRACTOR shall be responsible for the successful implementation of the LA HIDTA EXECUTIVE BOARD's Strategy and Policies. CONTRACTOR shall conduct themselves in a professional manner that reflects positively on the LA HIDTA Program. The principal responsibilities of CONTRACTOR shall be to:
a. CONTRACTOR will provide executive level leadership, which will generally consist of the successful implementation of the LA HIDTA Executive Board strategy and policies and shall be in full support ofthe LA HIDTA Executive Board, Office of the National Drug Control Policy (ONDCP), National HIDTA Program and National Drug Control Strategy. b. CONTRACTOR will have adminishative and coordination oversight responsibly for all initiatives and shall have direct responsibility only over the Management & Coordination Initiative.
c. CONTRACTOR will facilitate the coordination and flow of information between and among initiatives and participating agencies, which may include meetings or conference calls involving initiative task force commanders and must be conducted at least bi-monthly.
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d.
f.
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CONTRACTOR will provide day-to-day administrative, financial and program oversight for LA HIDTA.
CONTRACTOR will facilitate and encourage the development of innovative approaches to drug law enforcement.
CONTRACTOR will ensure that LA HIDTA initiatives are in compliance with HIDTA program requirements.
coNTRACToR will advise the Executive Board of the performance of the LA HIDTA initiatives.
CONTRACTOR will ensure the preparation of the Annual Report, Threat Assessment Strategy, Initiative Descriptions and Budget proposals.
CONTRACTOR will ensure that initiatives comply with financial management guidelines.
coNTRACToR will ensure that the property management requirements are met.
coNTRACToR will serve as the point-of-contact between the Executive Board and ONDCP on all HIDTA matters; keeps the Executive Board apprised of ONDCP policies and requirements; and represents the LA HIDTA at national forums. As part of this liaison responsibility, ONDCP may request the LA HIDTA Director to engage in activities or serye on committees that benefit the overall HIDTA Program.
CONTRACTOR will establish an orientation process for new Executive Board members, new participating agencies, and new initiative supervisors (managers) that addresses the specific responsibilities of each and the general requirements of the HIDTA program.
CONTRACTOR shall, coordinate management intuitive personnel in conjunction with the applicable grantee, to ensure the compliance with HIDTA Program Policy and Budget Guidance and other applicable financial rules and regulations.
CONTRACTOR will, as approved by the LA HIDTA Executive Board, exercise reprogftrrnming authority. The Executive Board authorizes the Director and/or his designee to review and authoriz-e all reprogramming's within the LA HIDTA.
CONTRACTOR shall, as approved by the LA HIDTA Executive Board, exercise authority over contractual agreements pertaining to positions funded by the LA HIDTA. The Executive Board authorizes the Director and/or his designee, to review and authorize said contractual agreements. l.
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3. p. CONTRACTOR shall, at the Direction of the LA HIDTA Executive Board, execute approved fi duciary agteements.
CONI'IDENTIALITY OF DATA:
All financial, statistical, personal, technical, and law enforcement sensitive data and information related to the work performed by CONTRACTOR, or which becomes available to CONTRACTOR in carrying out this Agreement, shall be protected for and on behalf of the HIDTA by CONTRACTOR from unauthorized use or unauthorized disclosure.
LIABILITY:
CONTRACTOR agrees and understands that he shall not be provided legal representation by the fiduciary for any claims or causes of action arising from his performance hereunder. CONTRACTOR further agrees to have and to keep professional liability insurance during the term ofthe contract in an amount sufficient to cover any contingency resulting from thiscontract.
PROFESSIONAL LIABILITY:
In connection with the provision of CONTRACTOR'S responsibilities, CONTRACTOR shall indemnifr, defend, and hold the city of La Verne harmless for any and all claims, lawsuits, legal expenses, and any other costs related to the performance or non-performance of this Agreement.
It is specifically understood and agreed, that in the event no funds or insufficient funds are appropriated and/or budgeted concerning the obligations under this contract this Agreement shall thereafter terminate and be null and void on the last day of the fiscal period for which appropriations were made without penalty, liability, or expenses to LA HIDTA.
COMPENSATION:
a. CONTRACTOR shall be compensated for the period beginning July 1, 2022, as directed by the LA HIDTA Executive Board's budget approvals, for work performed under this agreement and shall continue to receive compensation until agreement is terminated.
b. Payment will be made in twelve (12) equal installments of $16,852.33.
4. t.
6. 7.
8. TAXES:
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9. CONTRACTOR shall be solely responsible for any and all federal, state, and local tax consequences that result from his receipt of any payments or reimbursements paid in accordance with this AGREEMENT.
In performing the services herein specified, CONTRACTOR is acting as an independent contractor, and CONTRACTOR shall not be considered an employee of the ONDCP, LA HIDTA or the City of La Verne. In no event, shall this be construed as establishing a partnership or joint venture or similar relationships between the parties hereto, and nothing contained herein shall be construed as creating the relationship of employer and employee. CONTRACTOR shall not be eligible for any employee benefit plan offered by the fiduciary city of La Verne.
DURATION AND TERMINATION:
CONTRACTOR shall enter into service for the period beginning July 1, 2022.
CONTRACTOR and/or the LA HIDTA EXECUTIVE BOARD may terminate this Agreement without cause by giving thirty (30) days written notice to the other parly.
LAWS GOVER]TIING CONTRACT:
For purpose of determining the place of Agreement and the laws governing same, this Agreement is entered into in the County of Los Angeles, Califomia, and shall be govemed by the laws of California with venue in Los Angeles County.
10. 11.
13. 14.
12. ENTIRE AGREEMENT:
This Agreement constitutes and expresses the entire Agreement between the parties and shall not be amended or modified except by written instrument signed by both parties.
This Agreement shall not be assigned or sublet in whole or in part.
COMPLIANCE WITII ALL LAWS:
Both parties will act, at all times, in compliance with all pertinent City and County ordinances, orders, regulations and policies, as well as all applicable State and Federal Laws, including the HIDTA Program Policy and Budget Guidance (dated September 9,2021) and the Los Angeles HIDTA EXECUTIVE BOARD Charter.
15. NOTICES:
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Any notice or writing required or permitted to be given under the terms of this Agreement shall be regarded as delivered when a copy of same has been delivered to the party entitled to receive it by Certified Mail, Return Receipt Requested, or by personal delivery at the address below or such address as a party may designate by written notice to the other party.
TO CONTRACI'OR Roger Bass
604 Ruby Street
Redondo Beach CA90277
1340 W. 6m Street
Los Angeles, CA 90017
City Manager
City of LaVeme
3660 "D" Street
LaVeme CA 91750-3599
TO HIDTA EXECUTIVE
BOARD CHAIR
FIDUCIARY
Zi day of 2022.SIGNED and executed on this
Bass William D
Chairman
BoardLA
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STRATEGIC COIITRACTI NG SERVICES
EMPLOYER OF RECORD
SERVICE AGREEIENT
This Employer of Record (EOR) Service Agreemenl (hereinafier 'Agreemenf) is made between HIDTA PROGAMS (hereinafler referred to as CLIENT COMPANY) and Strategic Contracting Services, a Calibrnia corporation, hereinafrer refen€d to in this Agreement as SCS. CLIENT COMPANY and SCS are also referenced herein as ths 'Party' or 'Parties.' HIDTA Programs covels employeea assignod to LA Regional Criminal lnformation Clearinghouse, LA Joint lntelligence Regional Center and Southem CA Drug Task Force locations.
This Agreement shall be from the COMMENCEMENT DATE as indicatsd belo r and shall continue for a period of twelve (12) months for the initial term, with an aubmatic rena\ zll for a term of twelve (12) months at ths end of each term unless either party gives thirty (30) days written notice putsuant b the pro/isions of thb Agreement (see GENERAL PROVISIONS, section C).
The following perc€ntagss are the rat6s that shall be charged by SCS to CLIENT COMPANY as a percentage of gross wages paid to the indMdual employees on assignment to CLIENT COMPANY:
SERVICE RATE PERCENTAGE 32%
Under this Agreement, SCS agrees to be the Employor of Record for thos€ employees that arc selecled and designated by the CLIENT COMPANY (hereinafter 'Assigned Employees') to perform vtork for CLIENT COMPANY and, pursuant to this Agreement, SCS will consign those Assigned Employees to the CLIENT COMPANY to perform the job duties as directed by the CLIENT COMPANY. Under thb Agreement, SCS agrees to futther provide the services as described below and/or as mry be otheMise agreed upon by CLIENT COMPANY AND SCS in writing. lt is understood and agreed to by the Parties that SCS will provide employment services to CLIENT COMPANY and that CLIENT COMPANY will compensate SCS forthe servirs provided. lt is tu her understood and agrBed to by the Parties that SCS shall not be obligated to emPloy or r€tain any Assigned Employee(s) that SCS, in its judgment, believes should not be hired or retainad.
The abo/e saNice rate percentage consists of the following:
o Payroll Taxes - '14.45%
o Wo ers Compensation 1%
o Employer of Record Management,
wagcs paid b employeeE up to $50,000 per y6ar.
lnsurance and Liability Fo6s - 16.55%
" Owr$ms wag63 6r dnployees assign€d b LA Regional Criminal lnformstion Clsaringhous€ (tA CLEAR) will nol lncur Employ€r of Record Manegome taeg on orenime SCS shall calculate the bill rate to CLIENT COMPANY for Assignod Employees tumi8hed by SCS to CLIENT COMPANY for each pay period, being the sum of the total gro6s Assigned Employee aarnings, plus the service rates as outlined above, plus applicable service charges (i.e., late fee penalty and interest), and SCSwill Presenl a statement tor thoae services to CLIENT COMPANY. All surns not timely paid by CLIENT COMPANY shall be subject to a 47o late f66 p6nalty. SCS service rat6 p€rcentages are subject to change due to any increasos or dec'reasas in employment tiax rales, workers' compensation insuran@ rates, omPloyment Practicss liability insurance rates, general liability insurance rates, enors and omissions insuranco rate6, automobile insurance rates, FICA rates, or other rates and charges outside the control of SCS. Notice of such increases ot decreases will be timely provided to CLIENT COMPANY upon notification received by SCS of any such changes.
SCS offers its Assigned Employees various employeo benefits if they so choose. The clst of any bsnefits chosen by Assigned Employees will be eithor billed to CLIENT COMPANY as a seParat€ line item onlhe invoice and is in ;ddition to the Seryice Rde Percentage that is lisled above; and/or deducted from Assigned Employee Page I of7
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glDss wages on a per pay period basis. l-A Regional Criminal lnbrmation Clearinghouse, LA Joint lntelligence Reginal Center and Southem CA Drug Task Force locations reserve the right to modiry their contributionlo the cost of benefts outlined below based on budgetary needs.
Available Employee Benefits Programs include, but are not limited to, the following:
Medbal Coverage
Dental Coverage
Vision Coverage
Flexibb Spending
Lite lnsurance
401K Retiremenl
The payroll schedules will be as fiollofls:
. tA Regional Criminal lnformation Clearinghouse, - biweekly, every olher Friday . LA Joint lntelligence Regional Center and Southem - semi-monthly, 1Sh and last day of €very monlh . Southem CA Drug Task Force - semi-monthly, 5h and 2Oh SCS will gen€ral€ the payroll lrom time cardB, or other acceptable tracking methods, submitted by CLIENT COMPA IY. Afler the paymll is processed, the invoice total will be forwarded to CLIENT COMPANY. Payroll will be delivered via US Mail, or other simllar method including electronic transmittal , net pay amounts will be dircc{ deposited into employee bank mcountl. P!!lrn€n[ b SCS ull bo p.ld -rd0*n15 oI invoice.
SCS will causelhe net pay for each Assigned Employee to be direc{ deposited into the Assignsd Employee's bank account(s) and will prepaE and submit appropriate bx and other paym reponyptyments. ' piyroll inturmation/reports will be sent by scs to CLIENT CoMPANY via Ups the day prior to the sch'eduled payday.
SCS will create on-line user accounts br each Ass(rned Employee so they can access their olryn perconal inbmation, including pay slubs (direct deposil notification). SCS will also creab on-line user account8 for apPropriate CLIENT COMPANY Assigned Employees so they can access payroll r€portyinformation and the payroll invoice.
DUTIES OF SCS
SCS agrees lo be the employer of record for those Assigned Employees lhat are tumished to CLIENT COMPANY and will be rosponsible for the follorving:
A. Assist CLIENT COMPANY in the process of designating those Assigned Employees that are to be covered by this Agreement and coordinate the consignment of those Assignad Employees to the various ioh/employment classiFtcations as requested by CLIENT COMPANY.
B. Consult with CLIENT COMPANY on employment malter related to the Assigned Employees including, but not limited to, hiring, determinalion of rate6 of pay, and assignment to CLIENT COMPANY.
C. Be responsible for employmsnt administration and human resour@ managernenl including pre- screening, performance evaluations, human resourcea-rslated training (e.9. sexual harassment), discipline, and termination of the Assigned Employees covered under this Agreement.
D. Pro\ride human resourca management procedures to be utilized and followed by the Assigned Employees covered underthis Agreement. The CLIENT COMPANY shallnot be responsible for employment (human resources) related matters as such matters alB reserved to SCS as baing normally incldent to the employer/employee relationship. Accordingly, CLIENT COMPANY agrees to conducl all employment (human resources) r€lated decisions and direclivos lhrough the SCS oftite client manager assigned to the CLIENT COMPANY.
E. For each Assigned Employee covered under this Agreement, timely distribute (pay) payroll for each amployee's wages, subioct to the CLIENT COMPANY8 compliarrce with the Payroll and Payment Schedule terms stated aborre.
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F. Administer and pay applicable employee and employsr federal, state and local mandatory payroll taxes and payments, such as income tax withholding, Social Security, Medicare, federal and state unemployment taxes and file all quarterly and annual reports required in connection therewith.
G. Administer and pay, through salary withholdings, any optionalparticipation of Voluntary Employee Benefit programs, if any.
H. Maintain individualAssignad Employee masterfiles and salary and wage records and complete and issue W-2's and file all reports required in connection therewith. l. Administer Paid Leave Time and, if requested by CLIENT COMPANY, secure lemporary replacement personnelfor Assigned Employees on leave.
J. Provide Workers' Compensation insurance coverage with minimum limits of g1,OOO,OO0 for each bodily injury accident (par accident per person), including waiver of subrogation, for the Assigned Employees covered under the Agreement. SCS will administer Workers' Compensation claims and handle all tiiings in connection therewith. CLIENT COMPANY will be named as an additional Insured and SCS shall provide copies of certilicates of insurance upon CLIENT COMPANY'S request.
K. Provide Employment Practicos Liability lnsurance (EPLI) coverage for Assigned Employees to the extent permitted by law and public policy. SCS will indemniff and defend CLIENT COMPANY against those actions or claims brought by Assigned Employees arising from alleged wrongful termination, sexual harassment or unlaMul discrimination including, but not limited to, discrimination based on race, religion, gender, sexual orientation, disability, or age. The obligations under this section do not apply to claims of bodily injury, personal injury, or property damage from negligent or intentional misconduct (assault & battery), criminalmisconduct, OSHAviolations, pollution laws, RICO, securities violations, fines, penalties or punitive damages arising from willful violations of laws or actions caused by CLIENT COMPANY'S own fficers, non-assigned employees, agents, or represenbtives. CLIENT COMPANY will be named as an additional insured and SCS shall provide copies of certmcates of insurance upon CLIENT COMPANY,S request.
L. Provide General Liability lnsurance coverage on an occurrence basis with general aggregate limits of $1,000,000 per occurrence for bodily iniury and property damage coverage including contractual liabilig from claims by third parties arising from or related to the work porformed under this Agreement by the Assigned Employees on behalf of CLIENT COMPANY. CLIENT COMPANY will be named as an additional insured ahd SCS shall provide copies of certificates of insurance upon CLIENT COMPANY's request.
M. Provide Automobils Liability insurance coverage, including liability for all owned, hired and non-owned vehicles being driven by Assigned Employees as pa of their work perfomed on behalf of CLIENT COMPANY, with minimum limits of $'1,000,000 frcr bodily injury per person, 91,000,000 property damage and 91,000,000 combined single limit per occurrBnce. CLIENT COMPANY will be named as an additional insured and SCS shall provide copies of certificates of insurance upon CLIENT COMPANY'S request, N. Administer and coordinate compliance concerning allAssigned Employees with the lmmigration Reform and ControlAct of 1986 and handle allfiling in connection therewith.
O. Adminisler and coordinate compliance concerning all Assigned Employees with the Consolidated Omnibus Budget Reconciliation Act (COBRA) and handle allfilings in connection therewith, if any.
P. Conduct an orientation with Assigned Employees explaining their employment status with SCS, available benefits and the employar-employes agreemenl and present the other neu/ employee paperwork required.
Q. Administer and oversee the employer-employee relationship between SCS and Assigned Employees, including CLIENT COMPANY'S compliance with the applicable state and federal statutes governing the workplace rights and obligations betweon employees and employers involving the prevention of unlaMul harassment, discrimination and workplace violence. SCS \rrill also administer and oversee compliance wilh Govommont Code Section 12950.1 on sexual harassment lraining.
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R. lf CLIENT COMPAT{Y reports an incident that would create good cause to discipline or discharge any Assigned Employees, SCS shall, at its option, either transfer or terminate any such Assigned Employee.
S. Provide a Drug Free Workplace Policy to comply with all controlling federal, state and local laws, regulations, ordinancss, directives, and rules.
T. Produce and maintain employee handbook policies and procedures and apply such policies in a manner designed to improve human resources management.
U. Undertake such other seNices as may be requestod and agreed to in writing by CLIENT COMPANY and SCS and upon agreement as to the compensation therefore.
CLIENT COMPANY is responsible for the following:
A. Timely furnish SCS with the correcl regular and overlime hours worked, bill rates and wage rates for Assigned Employees and veriry the accuracy of same and the totals on the statemenuprintout furnished to CLIENT COMPANY, and to notiry SCS of any errors in charges to CLIENT COMPANY within thirty (30) days of the statement date. CLIENT COMPANY assumes all liability for the accuracy of the hours reported to SCS by CLIENT COMPANY.
B. Provide SCS with written accuratejob description for workers' compensation rate purposes and promplly report by phone any and all accidents, injuries, and claims to, by or concerning Assigned Employees to SCS and, if not an emergency, send any wort rclaled iniured Assigned Employse to a doctor approved by the workers' compensation insurance provider in CLIENT COMPANY'S area, as designated from time to time.
C. Allow all applicable insurance carriers and SCS to inspect CLIENT COMPANY's work areas and job sites and agree to cease, modify, change, or repair any work practice or premises defect that the insurance carrier or SCS deems to be hazardous to Assigned Employees or not in good practice and/or a vio'ation of any law or regulation.
D. Comply with any govemment contracting provisions, and be responsible for filing quarterly, annual or any other reports required of any business in CLIENT COMPANY'S industry with the exception of payroll tax reporls associated with personnel provided by SCS as described under DUTIES OF SCS, E. Provide any and all work product training spacific to the duties to be performed by the Assigned Employees in seMcing the CLIENT COMPANY'S various customer or client entities, including compliance with professional licensing requirements, if any.
F. Comply with the Americans with Disabilities Act (ADA) to include, but not limited to, reasonable accommodations and light duty positions for early return to work ofany Assigned Employees after inlury or illnass,
G. File written discipline reports and promptly report to and consult with SCS with regard to any problems or concerns with Assigned Employees as to performance and/or any special needs of CLIENT COMPANY.
H. Report to SCS any incidents that would creata good cause to terminate or discharge Assignsd Employees.
l. CLIENT COMPANY understands and agrees thd liability, lf any, to SCS for any first party (Assigned Employee) or thkd party claims arising from or related to the work performed by Assigned Employees undar this Agreement is stric{ly limited to the pollcy limits of this insurance provided in paragraphs J., K., L., and M. under the DUTIES OF TOTAL section of this Agreement. CLIENT COMPANY agrees to insure itself, or to be self-insured to the extenl allowed by law, or to maintain insurance coverage in excess of the coverage provided in this Agreemant through itrs own independent insurance policies if it
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so chooses. SCS agrees to provide cenificates of insurance and insurance policy information to CLIENT COMPANY, its insurers, or insurance brokers, upon request.
Gl :IIl :k,If rlFI-IliFt
A. Entire Aqreement. This Agreemenl is the entire Agreement between Parties with respect to the subjecl matter and supersedes any prior written, oral, or other agreement between Parties.
B. Modification. This Agreement may not be altered except by written Agreement duly axecuted by CLIENT COMPANY and by SCS.
C. Termination. This AgreBment may be terminated for any reason at the option of SCS, or the CLIENT COMPANY, with 30 days written notice. However, in the event of a breach of this Agreement by the CLIENT COMPANY in failing to make payment(s) for services, it is agreed and understood that such breach is a basis for a three (3) day written notice for termination of the Agreement at SCS'S option, Similarly, non-performance of payment by SCS of payroll, or federal and state unemployment taxes and/or workers' compensation insurance, solely caused by SCS, is an agreed basis for a three (3) day written notice for termination of the Agreement at CLIENT COMPANY'S option.
D. lndemnitv bv SCS. SCS agrees to indemnifi/ and hold CLIENT COMPANY harmless fmm any and all claims, demands, damages, costs, and expenses arising from ScS's errors or omissions in the performance of duties expressly required by ths terms of the Agreement. SCS'S indemnification obligation includes the obligation to indemnify CLIENT COMPANY in the event that payroll taxes, workers' compensation premiums and/or state unemployment payments are not paid timely or accurately and that are not caus€d by any conduct or omission by the CLIENT COMPANY. CLIENT COMPANY understands and aglees that SCS'S obligations, inslusive of payroll laxes, workers' compensation benefits and state unemployment payments, are contingent upon CLIENT COMPANY providing SCS with timely and accurate information as well as prompt paymenl of invoice service fees by CLIENT COMPANY to SCS. For all damages, costs or expenses incuned by CLIENT COMPANY that are derivative of any failure by SCS in its obligation involving payroll taxes, workers' compensation and state unemployment payments, it is further understood and agreed that SCS wifl maintain an enors oromissions (E&O) policy for itsslf, and itsolf only, with a minimal policy limit of $1,000,000 and CLIENT COMPANY agrees to be limited to any recovery from SCS to the maximum amount provided in the E&O policy of insurance.
E. lndomnitv bv Client Companv. CLIENT COMPANY agrees to indemnify and hold harmless, protect, and defend SCS, its agents, officers, atlorneys, representatives, and employees, from any claims, demands, causes of action, liabilities, costs, and expenses, including any citations, fines, arising from any and all claims involving bodily injury or death, property damage, contractual damage, or tort damage, that in any way arise from or relate to negligence or any actionable misconducl alleged to have been caused by CLIENT COMPANY'S own officers, non-assigned employees, agents, or representatives during or in furlherance of the CLIENT COMPANY's regular and customary course ofbusiness. CLIENT COMPANY agrees to indemniry and hold harmless SCS from any claims, lawsuits, damages, injuries, or losses of any kind that the CLIENT COMPANY itself sufferc due to dishonesty, incompelence, lack of skill, improper iudgment, mistake, or negligence on the part of any of its own officers, non-assigned employees, agents, or representatives. CLIENT COMPANY understands and agrees that it remains solely responsible for supervising and monitoring ils own officers, non-assigned employees, agents, or representatives. The obligations of this indemnity provision shallsurvive termination oftheAgreement, regardless of whether the termination was voluntary or by a claim of breach or actual breach of the Agreemant.
F. Successors. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective heirs, execulors, administrators, legal representatives, successors, and assigns.
G. Countarparts. This Agreement may be executed in several counterparts each of which shall be deemed original and such counterpads shall together constitute but one of the same agreement binding upon all the parties hereto, hotwithstanding that all the parties are not signatories to the original of the same counterpart.
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H. EeadllSC. The headings of the paragraphs of this Agreement are inserted solely for the convenience of reference and in no way define, limit, extend, or aid in the construction of the scope, extent, or intent of this Agreement or of any term or provision thereof.
l. Severabilitv. ln the event that any provision contained in this Agreement is held unenforceable by a court of competent jurisdiction the remaining provisions continue to be enforceable. ln the event that a portion of any provision is held unenforceable, then the remaining portion of such provision shall nevertheless remsin enforceable.
J. Choice of Law. The Agreement shall be constructed in accordance with the laws of the State of Califomia.
K. Waiver. The failure of a party to enforce at any time the provisions of this Agre€ment shall not be construed as a waiver of any provision or ofthe right of such party thereafter to enforce each and every provision of this Agreement.
L. Assionment. This Agreement constitutes a contract and CLIENT COMPANY shail not transfer or assign the agreement or any part theraof without the written consent of SCS, of which such consent shall not be unreasonably withheld. lt is expressly understood and agreed between the parties hereto that this Agreement may be assigned by SCS at its sole discretion.
M. Notices. Any notice, request, change of address, demand, or other communication required or permitted hersunder shall be deemed properly given when deposited in the United States Postal Service, as certified mail, return receipt requested, postage prepaid, or when deposited with a public telegraph transmiftal prepaid and addressed to the respective parties below.
N. Leqal Disputes and Bindino Arbitration. For any and all disputes arising from this Agreement, the parties hereby waive their respective rights to pursue any legal action though the Califomia or Federal court jury system(s) and, instead, any dispute or controversy arising out of this Agreement or any interpretation, modification or extension of this Agreement, including any clalms for damages, recession, violation, or issue of interpretation shall be submitted to binding arbitration between the conflicting parties to be held in Los Angeles, Califomia in accordance with the rules of whichever arbitrator or alternative dispute resolution (ADR) organization is mutually agreed upon and selected. ln the event no arbitrator or ADR organization can be mutually agreed upon, the parties agree to submit to arbitration through JAMS pursuant to the JAMS Comprehensive Arbitration Rules and Procedures, or, upon mutual agreement, the JAMS Expedited or Streamlined Procedures. Judgment from an arbitralion award may be entered by any court having proper iurisdiction. This clause does not bar any party from seeklng provisional remedies in the aid of arbitration from a court of appropriate jurisdiction.
O. EpfSg-l&ieuI9. Upon the occulrence, and during the continuance of any occurrence, of a Force tvtaieure (act of God, war, public utilities failure, or other causes that are outside the control ofthe parties) thdt prevents one or both parties from performance, with the exception of CLIENT COMPANY'S obligition under the payroll and Payment Schedule Terms described above, any party affected by the Force Majeur€ event wiil be excused from performance under the Agreement for the period of time that the affected party is prevented from performing ils obligations under this Agreement.
P. Nq-Agglsy. Under this AgreemBnt, both parties agree and understand that nelther Party is in an Egency retationstrlp with the other, that neither party is an agent of the other, and that neither party is aittrorizea to bind ths other in any contract, agreement, or manner unless such act is authorized in writing.
Q. Non-solicitation. CLIENT CoMPANY agrees to not solicit any scs employees ior employment during ihe terrn of this Agreement and for a one year perlod after the Agreement is terminated by either pady.
SCS agrees to not solicit any of the CLIENT COMPAiIY'S Worksite Employees during the term of this Agreement and for a one year period after the Agreement is terminated by either party.
R. Remedies and Survival. Upon termination of this Agreement, both parties retain all of their respectve rigt'ts ila remedies available under this Agreement and under the applicable law. Termination does n6t affect, impair, or relsase any obligations, duties, indemnmcation, or liabilities of either party that, by
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the nature of the obligations, duties, indemnifications or liabilities, extend beyond and continue after the date of the termination of this Agreement.
Authorized persons of CLIENT COMPANY, and SCS duly execute this Agreement on June 30 2022. The COMMENCEMENT DATE willbe June 30 2022.
STRATEGIC CONTRACTING SERVICES CLIENT COMPANY
O-r*
Name: Cana Tighe-
Title: Title: LA UrR DY,lralor
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Agenda Report
CITY OF t.A VERNE
Public Worhs DeP artment
DATE:
TO:
FROM:
SUBJECT:
July 18,2022
Honorable Mayor and CitY Council
Sawn lgoe, Director of Public Works
Award of Annual Maintenance Contract
Sports Park (Bonita High School)
AGENDA SUMMARY
The public Works department recenfly solicited bids from qualified contractors to provide landscape maintenance services for t-he Sports Park at Bo.nita High School' The existing contract is nearly to years old with numerous contract revisions having occurred over the years' The recommenoeo c6nir..t rirr significantly improve maintenance levels while reducing costs'
RECOMMENDATION
staff recommends that the city council approve the_attached resolution awarding an annual. maintenance contract to Greenscape fraainienance Services, Inc. the lowest responsible."nd .. responsive bidder, in the initial amount of $tg+,255.00 to provide for service LevelA. This is the firsi year of a potentialfive year contract'
staff has determined that this project is categorically exempt from the. california Ervironmental Or"iiiy Art t|eOni, d"Aio" f
'SgOf and City of La Verne environmentalguidelines'
BACKGROUND
Under agreement with the Bonita Unified school District (District), the city administers nearly all landscape maintenance occurring at the sports- Pat. Tlre existing contract for landscape maintenance service was entered into circi tggs. The cost of maintenance is shared equally between the city and the District as specified in the Restated Master Agreement for Joint Use of Facirities. Unfortunai"iv, n; rever of ,"ini"n"n." was reduced over the years to minimize cost increases in the earlY contract.
statf prepared a soricitation that requested pricing for three varying revers of service (A=Best, B=Better, c=Fair) at the sports parr. inl-rlrrtJ tevet serected wourd be determined based upon the avaitaOtellnaing ,nd 1f9 gugmitted bids. This would ensure that the maximum service level is achieved .nO *itn]" available tunOing. n t-o!31 of four bids were received for this p"rti.uf"i"ontract and shown in the table on the following page:
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City Council, re: Award of Conkact Sports Park Maintenance July 18,2022
Contractor Frequency Bid (ANNUAL Costs)
BA c
1 Greenscape $194,755.00 $174, 711.O0 $180,100.00
Cal 391.00 $157 533.00 $91,754.00
CLS $252 540.00 $216 960.00 040.00
ht view Landsca I 988.00 I 052.00 't1 020.00
c:\!]l/vxn.po.l5\R rcc 6 AMd o, dd arola P"t Lrdsp' t'd 'n'm''n@ staff has evaluated the bid of the apparent low bidder and found Greenscape Landscapes
5.*i..., ini. io be the lowest, most'responsible and responsive bid of the four received' They ;;;;;iti p;;fi Jervices throushout La Verne for the city.Medians, Landscape Maintenance d;il.E lmatt parrs and also sirrounding communities. of particular note,.this contracl will ,"intri,i Level A service frequencies ttrroighout the entire Sports Park, which includes mowing' ;ilEilg;il generat fietd ,aini"n"n.". H]owever, this is an increase of 40 percent from the p-r"ri"rJt".iria tor gre same'Levei A service provided by the previous contrac{or (cal Landscape).
The Restated Master Agreement between the city and the District obligates each.party provide to Drovide for their share ot reg;i; ;aintenance of the Sports Park The value of this contrac't is il#; ;:*#; iiil' piiiii" w"rrE 6"p.ttr"ntt proposed .do22t23 budset' lt should be. noted that the contract does provioe tor a-nirli"airitr"htl.based upon the consumers' Price lndex for vears 2_5 of the contract,noii'it} "it"naea.
rneretore, costs may increase based upon the
6-ii .rornt of *hi"h *itl be shared by the city and the District' 2 3
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RESOLUTION NO.2242
A RESOLUTION OF THE CITY COUNCIL OF THE CIry OF LA VERNE' COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, AUTHORIZING EXECUTION OF A PUBLIC WORKS CONTRAGT wlTH GREENSCAPE MAINTENANCES SERVICES, INC, FOR AN
LANDSCAPE MAINTENANCE SERVICES OF THE BONITA HIGH SCHOOL SPORTS PARK WHEREAS, the City Council of the City of La Verne, County of Los Angeles, State of California, has heretofore advertised for bids; and
WHEREAS, said bids have been opened by the Assistant city clerk and considered by the City Engineer of the City of La Verne; and
WHEREAS, said City Engineer has recommended to said City Council that the bid submitted by Greenscape Maintenance Services, lnc. in the amount of $'194,755.00, is in accordance with plans, specifications and other data incidental to the obtaining of bids is the lowest and best responsible bid and should be accepted by the City Council; and WHEREAS, said bid has now been considered by the City Council; NOW, THEREFORE, BE lT RESOLVED by the City Council of the City of La Verne as follows:
That said City Council does hereby find and determine that the bid of lowest and best responsible bid for the construction of said project.said Contractor is the Section 2. That the contract for annual landscape maintenance services of said project, as set forth, is in accordance with the Plans, specifications and other data, and the same is HEREBY AWARDED to said Contractor subject to the following conditions:
a. That said Contractor execute and deliver an appropriate contract covering said work;
b. That the form of said contract shall be approved by the city Attorney for the city of La Verne;
c. That said contractor post with the city of La Verne appropriate bonds covering Faithful Performance, and Labor and Materials, both in the full amount of the contract, as required by said specifications; and
d. That said Contractor provides the City of La Verne with certificates of insurance - nJming the City and the Engineer as additional insured in accordance with the contract documents'
Section 3. That the Mayor and Assistant City Clerk are hereby authorized on behalf of the City 5? f-ailerne to enter into a contract with said Contractor, for the construction of said iiii"a #."t t"rttr and in accordance with plans, specifications and other data therein referred to.
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Section 4. That the Mayor shall sign and theAssistant City Clerk shall certify to the passage
"nffi-pi-i*
of this Resolution and thereupon the same shall take effect and be in force.
APPROVED AND ADOPTED this day {8t day ol July,2O22'
Mayor
ATTEST:
Lupe Gaeta Estrella, Assistant CitY Clerk
CERTIFICATION
I hereby certify that the foregoing Resolution No.2242 was dulY and regularly adopted bY the City Counci
vote:
I of the City of La Verne at a meeting thereof held on the day of by the following AYES:
NOES:
ABSENT:
ABSTAIN:
Lupe Gaeta Estrella CMC, Assistant City Clerk
2Resolution No.22-42
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A RESO
RESOLUTION NO.22-.43
LUTION OF THE CITY COUNCIL OF THE CITY OF LAVERNE, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA,
L]EBERT CASSIDY WHITi'IORE FOR
2022-23.
AUTHORIZING AN ANNUAL AGREEMENTWTH
SPECIAL LEGAL SERVICES FOR FISCAL YEAR
BE lT RESOLVED by the City Council of the City of La Verne as follows:
section,l.ThattheMayorandAssistantcityclerkoftheCityofLaVerneare hereby authorized to execute an annual Agreement with Liebert, Cassidy Whitmore for special legal services, said Agreement being in the form attached hereto and made a part hereof by reference as though the same were set forth in full herein' 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.
APPROVED AND ADOPTED this 18th itay ot July,2022'
Mayor
ATTEST:
Lupe Gaeta Eskella, Assistant City Clerk
CERTIFICATION
I hereby certify that the
City Council of the CitY
the following vote.
foregoing Resolution No. 2243, was
of La Verne at a meeting thereof held
rly adopted by the
of July, 2022, bY
AYES:
NOES:
ABSENT:
ABSTAIN:
Lupe Gaeta Estrella, Assistant CitY Clerk
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ASBEEMENT FOR SPECIAL SDRVICES
This Agreement is entered into between the law firm of LIEBERT CASSIDY WHITMORE, A Professional corporation ("Attorney'o), and the CITY OF LA VERNE' A Municipal Corporation ("City").
1. Conditions
This Agreenrent will not take effect, and Attorney willhave no obligation to provide services, until City returns a properly sigqed and executed copy of this Agreement.
2, Attornevts Services
Attorney agrees to provide City with consulting, representational and legal services pertaining to employment relations matters, including representation in negotiations and in adminisffative and coufi proceedings, as requested by City or otherwise required bY law.
3. Fees. Costs. ExDenses
City agrees to pay Attorney the sums billecl monthly for time spent by Attorney in providing the services, including reasonable travel time' The cuffent range of hourly rates for Attorney time is from Two llundred Thirty to Four I-Iundred Fifteen Dollars ($230.00 - $415'00)' See Sohedule I for a full Fee Schedule, Attorney reviews its houriy rates on an annual basis and, if appropriate, adjr.rsts them effective July l. Attorney will provide the City with written notification of any adjustment in the range of rates. Attomey bills its time in minimum units of one- tenth of an hour'
I
10085311.11,c001-009
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For Litigation Matters
See Schedule II attachecl for a description of Attorney's Litigation and E- Discovery Management.
Other Expenses
City agfees to reimburse Attorney for necessary costs and expenses incurred by Attorney on behalf of City. Attorney bills photocopying charges at Fifteen Cents ($O'tS1 per page. See Schedule I attached'
PaymentbyCityagainstmonthlybillingsisdueuponreceiptofstatements,andis considered delinquent if payment is not received within thirty (30) days of the date of the invoice.
4, Pro:lessionalLiabilitvlnsura.ncc
The California Business & professio[s Code requires us to inform you whether we maintain efrors and omissions insurance coverage applicable to the services to be rendered to you. We hereby confirm that the firm does maintain such insurance coverage.
Disputes. If a dispute between city and Attorney uises over fees charged for services, the controversy will be submitted to binding arbitration in accordance with the rules of the California State Bar Fee Arbitration Program, set fofth in California Business and Professions code, sections 6200 through6206. The arbitrator or arbitration panel shall have the authority to awarcl to the prevailing party attorneys' fees' costs and intercst incuned. Any arbitration awarcl may be servecl by rnail upon either side and personal service shall not be required.
2 1008531l,l tc00l-009
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If a dispute arises between City and Attorney over any other aspect of the attorney-client relationship, inclucting, without lirnitation, a claim for breach of professional duty, that dispute will also be resolved by arbitration. It is understood that any clispute 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, of were improperly, negligently or incompetently rendered) will be determined by subrnission to arbitration as providecl by Caiifornia 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 bcfore a jury, and instead are accepting the use of arbitrntion' Each party is to bear its own attorneY's fees and costs'
6, File Retention
After our services conclucle, Attorney will, upon Ciry's request, deliver the file for the matter to city, along with any funds or property of city's in our possession. If city rcquests the fite for the matter, Attorney will retain a copy of the file at the City's expense. If City cloes not request the file for this mattet, we will retain it for a period of seven (7) years after this matter is closed. If city does not request delivery of the lile for this matter before the end of the seven (7) yeat period, we will have no further obligation to retain the flle and may, at our discretion, destroy it without firr-ther notice to City' At any point during the seven (7) yeu period, City rnay fequest delivery of the file' ?
1008531 Ll LC00l-009
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7, t{ssigrynent
This Agreement is not assignable without the written consent of City.
8. Indenendent C-ontractor
It is unclerstood and agreed that Attorney, while engaged in performing the terms of this Agreement, is an independent contractoi and not an enrployee of City'
9. Authoritv
The signators to this Agreement represent that they hold the positions set forth below their signatures, anct that they are authorized to execute this Agreement on behalf of their respective parties and to bind their respective parties hereto'
10. Terpq
This Agreement is effective Jurly 1, \Azz,ongoing'and may be modified by mutual agreement of the parties. This agreement shall be terminable by either party upon thirty (30) daYs witten notice,
By:
I,IEBERT CAS SIDY WI-IITMORE'
A Prol'essional CorPorati on
CITY OF LA VERNE
A Muricipal CorPoration
By:
Name:
'Iitle:
Name:
Title:
Date:
4 1008531 l.t LC00l-009
Date:
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SCHEDULEI_FEES&COSTS
1. Flourly Rates (As of Agreement Effective Date)
Parfiers
Senior Counsel
Associates
Labor Relations/HR Consultant
Paralegals
E- DiscoverY SPecialists
Law Clerks
2. COSTS.
1. Photocopies
$41s.00
$34s,00
$230,00 - $32s.00
$260.00
$14s,00
$14s,00
$14s,00 - $1tts.00
$0,15 per coPY
5 t008531 1.1 Lc00l-009
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SCHEDUI,E II
LCW LITIGATION and E-DIS COVEITY MAI'{AGEMEN'I
LCW is committed to using state-of-the-art technology to efficiently manage and harnessllectronically-stored inforiration ("ESI") in cornpliance with Federal and state iu* rrqrit *ents, ilCW paftners with an outside managed services provider to provide n tuiirity, the inclustry teaaing e-discovery so{iware,. for this purpose' The cost for each .utt", *iit arp.na on the vofiime and format of the data' For non'complex clata up to 50 -[;byd, fiW .t urg., a monthly fee of $375 on all active litigation mattefs tbl data ffi;#;;,- includirig-aata valiaati_on and security, ingestion, de'duplication, culling and streamlining, anJ lreation of Relativity fielcls for ex.pedited review' For data of 50 gigabytes and over *rA foi "orplex
data requiring specialized services (e'g'' payroll data' ffii.t.rt" with underlying fotmulas, uiaeo, advanced searches, etc')' additional ;"il;;;;r" incuned--anJ ur="pasted through to the slient !'or such charges, we will pr*Ia" an itemized bill from bur man*g.d services provider and obtain client approval prior to incuiring the charges'
Litigation Case Staffing
LCW has organized its litigation practice to meet the challenges of today's complex litigation "irr.
We ernpioy a dldicated Litigation Manager - a non-billing attorney litigator - *l;;; responsibiliiy is to monitor all litigation cases to ensufe quality' efficiency, und adtrefen., to ,li.ot und fit* litigation guidelines' Each litigation case is staffed with a purtnrr, un Associate (or Associates, us required. aud as approve.d by the Atr;t, a paralegal and an E-Discovery specialist. our E-Di'scovery specialists have .*irnrir. experielce in the efficieut ,lunagl*ent of .electronic data through every stage of the e-discovery tife "y.tt,
and they stralegize with attorneys and. clients. on efflective fiiproto.on. firis *uk., ih. doru-.nt rcview process more efficient and enables our ,t#;tr to target tlre most relevant data to meet iitigation objectives' Working with our e-discovery **ug.,l services provider, we are ablt to provide state-of-the-art data processing and hosting services at belowanarket rates'
6 10085311,1 1,C001-009
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please be advised that Liebert Cassidy Whitnore will be increasing its rates effective July l, 2022. A summary of rate changes is located below,
Parbrers
Senior Counsel
Associates
Labor RelationVHR Consultant
Paraprofessionals & Litigation Support
$415,00
$34s.00
$230.00 - $325,00
$260.00
$145,00 - $18s,00
Thank you for giving Liebert cassidy whitmore the opportunity to pmvide legal services to your city. You are truly a valued client and it is our mission to continue to provide you with the very best and most cost effective Iegal representation possible. If you have any questions regarding this notice, or any other matter involving our Legal Services Agreement, please do not hesitate to contact Paul Hessing at (310) 981-207s.
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Agenda Report
CITY OF LA VERNE
Police Department
DATE: July 18,2022
TO: Honorable Mayor and City Council
FROM: Colleen Flores, Chief of Police
By: Chris Dransfeldt, Administrative Lieutenant
SUBJECT: Towing Franchise Service Agreement
AGENDA SUMMARY
The City of La Verne accepted Request for Proposals (RFQ) for towing services.
Sanders Towing and S&J Towing submitted proposals. A review of each proposal was conducted by ltaff which included a facilities inspection of each location. Upon conclusion oi tne inspection, it was determined that Sanders Towing met all of the qualifications of the RFQ, as S&J Towing did not.
RECOMMENDATION:
Staff recommends that City Council approve Resolution No. 2244, approving the franchise service agreement with Sanders Towing for police towing services for a three- year term through June 3,2025.
BAC ND:
The La Verne Police Department contracts for official police towing service with qualified, reputable towing companies who are willing to ente_r into a Tow Services Agr""r"nt with the City and comply with the Department's Towing Policy and Procedures for official tow providers.
Requests for Qualifications (RFas) were circulated and bids were accepted. A nFQ J9r polite tow services through newspaper adsand direct request began on April 25,2022, with a deadline for prop6sals of May 25,2022. Businesses that submitted proposals consisted of Sanders Towing and S&J Towing.
The last contract was valid for a period of five (5) years in order to maintain continuity in the services provided by the tow company. Our current contract with Sanders Towing is iet to expire on June 30, zoz2. Among the many requirements listed in the Police Tow Services RFe, there are several key issues the Police Department has emphasized.
These issues are essential to effeitive and efficient towing services for the Police Department and the community they serve.
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RESOLUTION NO.224
A RESOLUTION OF THE CITY COU NC]L OF THE CITY OF LA VERNE, COUNTY OF
ANGELES, STATE OF CALIFORNIA, AUTHORIZING A TOWING SERVICE FRAN CHISE JUNE 30,AGREEMENT WITH SANDERS TOWING
2025.
FOR A THREE-YEAR TERM THROUGH
BE lT RESOLVED by the City Council of the City of La Verne as follows:
sectionl.ThattheMayorandAssistantcityclerkoftheCityofLaVerneare hereby authorized to execute a Towing service Agreement with Sanders Towing, said Agreement being in the form attached hereto and made a part hereof by reference as though the same were set fo(h in full herein.
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.
APPROVEo AND ADOPTED this'l8th day of July, 2022.
Mayor
ATTEST:
Lupe Gaeta Estrella, Assistant City Clerk
CERTIF]CATION
I hereby certify that the foregoing Resolution No. 2244 was City Council of the City of La Verne at a meeting thereof held the following vote.
AYES:
NOES:
ABSENT:
ABSTAIN:
duly and regularly adopted bY the
onihe 18* day ofJuly 2o22bY
Lupe Gaeta Estrella, Assistant City Clerk
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This Franchise Agreement is made and entered into this l't day of July, 2022 by and between the City of La Verne (*CITY') and Sanders Towingr Inc., a Corporation ("FRANCHISEE"). The parties hereto do herby agree as follows:
I. DEFINITION OF TERMS
For the purpose of this Agreement, the following definitions shall be in effect:
A. "CHIEF OF POLICE" or "CHIEF" shall mean the Chief of Police of the City of La Verne, California or any person or group of persons designated by the Chief of Police to act expressly on her behalf.
B. "CITY" shall mean the City of La Veme, California.
C. "CITY COUNCIL" shall mean the City Council of the CITY.
D. "DAILY" shall mean seven (7) days per week, unless otherwise specified.
E. "DEPARTMENT" shall mean the La Verne Police Deparhnent.
F. *FRANCHISE" shall mean the right and privilege to perform towing services for the CITY.
G. "FRANCHISEE" shall mean the Operator named in this Agreement.
H. "OPERATOR" shall mean any person providing towing services within the CITY.
I. "PERSON" shall mean an individual, corporation, joint venture, partnership, or any other entity or enterprise.
J. (RATES AI\D CHARGES" shall mean fees for services set forth in this Agreement.
K. "TOWING SERYICES' shall mean the towing, storage and impound of vehicles, as well as ancillary services such as jump starts, lock-outs, and tire changes.
L. Towing Service "STANDARDS" shall mean the standards propounded by the CITY and set forth in this Agreement.
M. "VEIfICLE OWI\ER" shall mean the registered or legal owner of a vehicle or their agents.
II. EXCLUSTVE FRANCHISE FOR POLICE TOWING AI\D STORAGE
A. FRANCHISEE shall have the exclusive right to receive calls from the CITY during the term of this Agreement, subject to the terms of this Agreement, to provide towing and storage services for vehicles which are involved in accidents, disabled, abandoned in public places or on private property, impounded for evidence, impeding the flow of traffic, are located within another city but subject to the jurisdiction of the CITY or which are otherwise subject to being towed and stored at the direction of the CITY. Nothing contained herein shatl deprive an Operator from providing towing services to persons other than the CITY.
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III. SCOPE OF SERVICES
A. Duty of FRANCHISEE
It shall be the duty of the FRANCHISEE, when so directed by La Verne Police Officers, to provide prompt tow service for vehicles taken into custody by the Police Departrnent either because of accident, disabled by other cause, abandoned in public places, on private property, impounded for evidence, impeding the flow of traffic, invalid stafus of driver's license or vehicle registration, or for any other reason within the jurisdiction of the CITY.
B. Equipment
FRANCHISEE shall furnish all equipment and labor necessary for providing towing services and storage of vehicles in accordance with the towing service standards set forth in this Agreement.
IV. ENTIRE AGREEMENT/TERM
A. This Agreement contains the entire understanding between CITY and FRANCHISEE. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect.
Subsequent modifications to this Agreement shall be effective only if in writing and signed by both parties.
B. This Agreement shall be for a three year term, through June 30, 2025. This Agreement may be extended thereafter upon written agreement by the parties. In the event of substantial changes to or court decisions regarding Vehicle Code$$ 14602.6 or 14602.8 or similar provisions allowing impoundment of vehicles for extended periods, the parties agree to meet and confer regarding any agreement modifications necessitated by those substantial changes or court decisions. If the parties are unable to come to an agreement on a modified agreement, either party shall have the right to terminate this agreement on thirty (30) days written notice.
C. This Agreement may be terminated by the CITY if for cause atany time. Otherwise, the Agreement may be terminated at any time by FRANCHISEE upon a minimum of sixty (60) days written notification. CITY may terminate this Agreement, without cause, at any time upon twelve months written notification.
FEE SCHEDULES
The fottowing Towing and Storage Fee Schedule shall be in effect for the duration of this Agreement.
v
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A. Light Duty
CITY- ordered tow charges for passenger type vehicles and pick-up trucks under 10,000lbs.
GVWR and motorcycles:
FEE: $270.00 per hour, one hour minimum.
B. Medium Duty
CITY- ordered tow charges for trucks 10,000 lbs. GVWR to 19,500 lbs. GVWR.
FEE: $320.00 per hour, one hour minimum.
C. Heavy Duty
CITY- ordered tow charges for trucks 19,500 lbs. GVWR to 33,000 lbs. GVWR. f,'EE: $370.00 per hour, one hour minimum.
D. Super Heavy Duty
ClTY-ordered tow charges for trucks over 33,000 lbs. GVWR.
FEE: S420.00 per hour, one hour minimum.
E. Labor
Hourly charge for: additional labor in the field to facilitate the movement of vehicle(s) additional cleanup or manpower as needed; or for service calls such as for a jump start or for gas.
FEE: $135.00 per hour, one hour minimum and thereafter to be charged in 15 minute increments.
F. Non-business Hours Release
Flat charge for vehicle release during non-business hours: $135.00, in addition to incurred charges. Regular business hours for release shall be 8:00 AM to 5:00 PM, Monday through Friday, except for legal holidays. Nothing herein shall limit the hours in which other towing operations may take place.
G. Storage
Storage of vehicles shall be charged at the following rates:
l. Motorcycle - $68.00
2. Passenger type cars -$68.00
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3. Trucks & Vans - $68.00
4. Inside storage of passenger cars and motorcycles- $75.00
5. o'Day" as used in the specifications shall mean a time period which extends from midnight to midnight the following day. A vehicle must be stored for over eight (8) hours before a second day storage can be charged.
6. Storage fees may be charged for vehicles held for evidence corlmencing the day after authorization for the release by the Chief of Police, with a minimum time period of 24 hours storage before any storage fees may be accrued.
The following charge shall include the services of a tow truck, tow truck driver and all required equipment on the tow truck. Any other equipment or personnel required shall be billed at the contracted hourly rate to the responsible party.
I. Posting of Rates
All rates and changes shall be conspicuously posted in FRANCHISEE'S office or other area viewable by the public. Such posting shall meet Vehicle Code requirements and be subject to the approval of the Chief of Police.
H. Scope
J. Billings
K.
All customer bills shall be itemized.
Liability
CITY shall not be liable to pay FRANCHISEE, its officers, agents, representatives or employees any charge or other fee for a call which does not result in a chargeable service rendered by FRANCHISEE. CITY shall not be liable to FRANCHISEE for any costs incurred by FRANCHISEE which are not paid.
L. Errors
In the event any vehicle is towed or impounded, or both, through ary error of FRNACHISEE or CITY, neither the vehicle owner or the CITY shall have the duty to pay any towing, storage or other fees or charges.
M. Disputes
In the event any dispute shall arise concerning any charge made by any person in performing services under this agreement, the dispute shalt be decided by the Chief of Police, pursuant to California Vehicle Code section22852. The decision shall be binding on all parties involved.
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FRANCHISEE shall not make any demands on the vehicle owner or driver for a sum in excess of the amount established herein.
O. Credit Cards
FRANCHISEE shall accept a valid bank credit card for payment of charges incurred.
No additional charges shall be imposed for use of a credit card.
N. Demands
P. Schedule of Rates
Upon request, vehicle owners shall be given a pre-printed schedule of authorized rates and charges.
a. Towing for Investigation
If a vehicle is towed to another location for investigation and then returned to FRANCHISEE, the vehicle owner shall be charged for the actual towing time.
R. Unauthorized Charges
The Chief of Police shall investigate and take any warranted redial action regarding charges that are alleged to be in violation of this Agreement. Any unauthorized charges shall be cause for termination of this Agteement.
S. Class of Tow Truck
Regardless of the class of tow truck, charges shall not be more that the class of vehicle towed service, excepted when vehicle recovery operations require a larger truck.
Computation of Rates
The rate for towing shall be computed from portal to portal from FRANCHISEE'S place of business. The time expended for towing up to the first hour shall be charged at a flat rate, not to exceed the hourly rate. Time expended in excess of one hour shall be at the hourly rate and shall be charged in 15 minute increments. All excess time shall be documented on the towing bill, indicating the time of call and the completion time. These times are required to justiff any additional charges.
T
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U. Lien of Sale Processing
The lienholder (FRANCHISEE) may charge a fee for lien-sale preparations in accordance with the provisions of Vehicle Code section2285l.l2, as the same may be ended from time to time. This section currently states:
The lienholder may charge a fee for lien-sale reparations not to exceed seventy dollars ($7O.OO; in the case of a vehicle having a value determined to be four thousand dollars (S4,000.00) or less and not to exceed one hundred dollars ($100.00) in the case of a vehicle having a value determined to be greater than four thousand dollaxs ($4,000.00), from any person who redeems the vehicle prior to disposal or is sold through a lien-sale pursuant to [the California Vehicle Code]. These charges may commence and become part of the possessory lien when the lienholder requests the names and addresses of all persons having an interest in the vehicle from the [Deparment of Motor Vehicles]. Not more than 50 percent of the allowable fee may be charged until the lien sale notifications are mailed to all interested parties and the lienholder or the registration service agent has possession of the required lien processing documents. This charge shall not be made in the case of any vehicle redeemed prior to 72 hours from the initial storage.
VI. RECORD KEEPING, REPORTING AI\D PAYMENT
A. Records
l. FRA){CHISEE shall keep at its principal place of business complete and accurate records of all vehicles towed, impounded, or stored as a result of this Agreement and the amount of charges on each vehicle. FRANCHISEE shall also keep at its principal place of business, complete and accurate records of all vehicles lien-sold which were impounded or stored pursuant to this Agreement.
2. The record system shall be adequate to enable FRANCHISEE to locate the vehicle and/or provide written report of storage or tow by:
a. DR number only;
b. license number only; and
c. the make, model, color, date, and location of impound or storage.
3. Records shall consist of, but are not limited to, the following forms:
a. CHP 180 (made available by the CITD
b. Copies of certified letters to vehicle owners;
c. Charge sheets which tow, labor and storage rate charges against each individual vehicle. Charge sheets must contain the vehicle owner's or 142
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owner's legal representative's signature, be of a design approved by the La Verne Police Department and be available for periodic data collection. d. Inventory list of personal property in vehicle impounded and stored. e. Records of vehicles sold under authority of Civil Code Section 3074 (over $4000 value); and
f. Records of vehicles sold under authority of Civil Code Section3072 (under $4000 value)
4. Records shall be maintained by the date of impound or storage for a period of at least (3) years.
5. Records relating to vehicles towed and or stored pursuant to this Agreement shall be made available to the CITY upon request.
B. Reports and Monthly Reconciliation Meeting
1. FRANCHISEE shall provide reports to the Chief within sixty (60) calendar days after the end of each month. Said reports shall include, but not limited to, the following and shall be limited to vehicles impounded or stored by CITY:
a. Total number of vehicles impounded or stored for thiny (30) days or more; b. Date of release for vehicles listed in a.;
c. The total number of vehicles disposed of via a lien sale from cars impounded for thirty (30) days or more;
2. Reports shall be signed by the owner of the FRANCHISEE.
3. Reports shall itemize and include remiffance for franchisee fees due CITY.
4. Once each month, at a mutually convenient time, a duly authorized representative of CITY and a duly authorized representative of FRANCHISEE shall meet and confer to reconcile their respective records regarding vehicles towed and stored pursuant to this Agreement.
C. Franchise Fee
An annual franchise fee of $1000 (one thousand dollars), for the privilege of being the exclusive provider of CITY requested towing and storage, shall be due and payable at the commencement of the franchise and on each anniversary therof.
D. General
I . CITY may inquire , at any time, an audit of FITANCHISEE'S books and records. Any inaccuracies found in the revenues or reports given to the CITY shall be adjusted accordingly. Additionally, if such audit shall disclose an inaccuracy of greater than two percent error with respect to the franchise fee due to CITY for the period of such audit, the cost thereof shall be paid to the CITY by FRANCHISEE; otherwise, the cost of such an audit shall be borne by the CITY. Records must be available for audit by the CITY upon demand. FALSIFICATION OF ANY RECORDS AND REPORTS, FAILURE TO COOPERATEDURING AN AI.JDIT OR TO MAKE
REQUIRED PAYMENTS SHALL BE CAUSE FOR IMMEDIATE
TERMINATION OF TIIE FRANCHISEE AGREEMENT.
2. Nothing herein shall limit the CITY's right to inspect or audit the books, records and accounts of FRANCHISEE at any time.
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3. All required reports and records shall be furnished at the sole expense of FRANCHISEE.
VII. RATE INCREASES
A. Petition for Rate Increase
Upon petition of FRANCHISEE for a rate increase, the Chief of Police will evaluate the performance of the services being provided, rates imposed under agreements with other public agencies for similar services, the cost of services and such other information as the Chief determines to be relevant. The City Manager is authorized to approve rates that are not greater than the allowable charges per the California Highway Patrol Tow Services Agreement rates that have been approved by the CHP Area Commander.
B. Obligation
Nothing contained herein shall obligate the CITY to grant any rate increase.
YIIL GENERAL PROVISIONS OF TOWING SERyICE
A. General Requirements
1. FRANCHISEE must maintain both its business office and storage facilities within five (5) miles of the La Verne Police Department (2061Third Street, La Verne) and be fully operational as a towing and storage business. Al1 facilities shall be manned twenty-four (24) hours a day, or for secondary facilities, during such other limited hours of operation. No transfer of location shall occur without written permission and all necessary approvals from CITY.
2. FRANCHISEE shall, at its own expense: obtain and maintain all necessary permits and licenses for the performance of this Agreement; shall give all necessary notices; and pay all fees and taxes as required by law and this Agreement.
All real property and improvements thereon, and all vehicle facilities, equipment, and materials used by FRANCHISEE shall be subject to periodic inspections by CITY representatives, without notice.
B. Manner of Performing Towing Service Duties
1. In each instance in which a vehicle is towed, FRANCHISEE shall remove from the street all debris resulting from the related accident and clean the immediate area of such street, leaving the area in a broom clean condition.
2. FRANCHISEE shall be responsible to complete proper reports and to notiff the Police Department on all private property impounds and storage ofvehicles. 3 144
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3. FRANCHISEE shall perform its duties in a professional, ethical, courteous, orderly and cooperative manner as a best effort to obtain and keep the confidence ofthe community.
4. FRANCHISEE and its employees shall conduct themselves in a courteous, civil and friendly manner when dealing with CITY (its agents, officers and employees), the public, and those persons whose property is under their control and all other law enforcement agencies, communication agencies and their personnel.
5. FRANCHISEE shall cooperate with the public, CITY, owners of property under their control and other law enforcement and communication agencies in providing theservices required by this Agreement. The determination of cooperation by FRANCIHSEE shall be established by the Chief of Police.
6. All towing equipment must be in full compliance with LOCAL, STATE AND
FEDERAL REQUIREMENTS FOR VEHICLE SAFETY, LICENSING AND
APPEARANCE. CITY reserves the right to refuse to allow FRANCHISEE to provide service if equipment is found to be innon-compliance.
7. All vehicles towed must be towed in compliance with the manufacturer's recommendation for tow as specified inthe most recent edition of the American Automobile Association Towing Manual.
8. FRANCHISEE shall be solely responsible for all vehicles stored or impounded on its premises, together with all accessories and equipment thereon and all personal property therein. It shall be FRANCHISEE'S duty to protect such stored or impounded vehicles, accessories, equipment and property against all loss or damage by fire, theft or other causes
9. Vehicles stored or impounded shall be systematically spaced to provide easy access and spacing adequate to prevent damage. Vehicles that, in the opinion of the investigating officer, need to be moved to facilitate his inspection shall be promptly moved without charge by FRANCHISEE.
10. Loss or Damage
a. FRANCHISEE is responsible for reasonable care, custody and control of impounded vehicles and their contents.
b. Any article removed from anyvehicle forany reason shall be properly identifred and accounted for. Personal properly from vehicles that are not 145
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held for evidence may be released to the registered owner with proper identification at no additional charge during normal business hours. Personal property released to a person other than the registered owner or from a vehicle held for evidence shall require wriften approval from the Police Departnent.
Personal propefi is defined as loose contents within the vehicle, not items bolted, wired or installed in the vehicle.
C. Personnel
I . All tow truck drivers must possess the proper State of California Driver's License required to operate all vehicles and equipment required to be used and shall have received sufficient training to operate without direct supervision.
2. All tow truck drivers must wear a distinctive uniform identifring FRANCHISEE by inscription on said uniform; inscription shall include individual name identification of tow truck driver.
3. All tow truck drivers must be able to communicate effectively with CITY staff in the performance of their duties.
4. Tow truck drivers deemed unfit for service in connection with this Agreement shall not be assigrred to any CITY calls for service upon notification by the Police Departnent. FRANCHISEE shall not employ a tow truck driver:
a. Who is under the age of lSyears;
b. Who is not legally eligible for employment in the United States; c. Who, within a period of five years immediately preceding such application, has been convicted ofa felony involving theft, fraud, sexual crime, violence or weapons violations;
d. Who, within a period of two years immediately preceding such application, has been convicted of reckless driving or any provisions of the Alcoholic Beverage Control Act, California Penal Code, Califomia Vehicle Code or any other code, which is directly concerned with the operation of a motor vehicle while under the influence of an alcoholic beverage, or drug, or combination of alcohol and drug;
e. Who does not hold a valid vehicle driver's license issued by the Departrnent of Motor Vehicles of the State ofCalifornia; f. Who is on probation for any offense or offenses arising out of a 146
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violation ofthe California Vehicle Code; or
g. Who meets such other criteria as the Chief of Police determines is necessary to protect the public health and safety.
D. Rules of Operation
1. FRANCHISEE shall be available to release vehicles during business hours.
During non-business hours, FRANCHISEE shall be available on an on-call basis:
a. To release any vehicle which has been determined by the Chief of Police to require release; and
b. To release any property in any vehicle when the Chief of Police determines that there is an emergency waranting the immediate release of said property.
2. The owner of a vehicle ordered to be stored or impounded who appears on the scene after FRANCHISEE has arrived at the scene and requests immediate release of his vehicle, shall have his vehicle immediately released upon payment of one halt (ll2) of the minimum towing charge, provided that there are no legal authority under which to impound or store the vehicle. Whenever a vehicle owner returns to a vehicle that is in possession of FRANCHISEE (i.e., once recovery or load salvage operations have begun), the owner may regain possession of the vehicle from FRANCHISEE if the owner pays the FRANCHISEE the towing charges.
3. Except for private impounds, FRAI{CHISE shall not remove any vehicle without first being instructed to do so by an authorized CITY employee or agent.
E. Response Time
1. FRANCHISEE shall use his best efforts to respond to all calls for service from CITY within (20) minutes.
2. FRANCHISEE shall notifu the Police Communications Center when a tow unit cannot respond immediately and shall give the reason and estimated time of arrival.
3. In the event of an additional delay, FRANCHISEE shall promptly notiff the Police Communications Center and give the next estimated time of arrival.
4. In the event FRANCHISEE receives additional call to remove a disabled vehicle that is intemrpting traffrc flow while he is processing an earlier call, he shall clear the vehicle specified in the earliest call sufficiently to restore normal and safe traffic movement; secure it from theft, damage, or loss; and immediately proceed to the site specified in the additional call; or shall cause a second tow truck to be dispatched to the second site.
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5. All disabled vehicles deposited or parked by FRANCHISEE shall be towed to storage at the earliest opportunity after the FRANCHISEE has complied with the above provisions for restoring traffic movement at all specified sites.
F'. Release of Impounded or Stored Vehicles
1. A vehicle impounded or stored by order of the CITY must have a validated, written release from the City which must be presented at the time of release.
2. No repair work shall be performed on any impounded or stored vehicle unless released.
3. In the event the Department errs on impound or storage notification, said vehicle shall be released by FRANCHISEE without charge to the CITY or other persons over and above the charges that would have been levied if proper notification (five calendar days) had been made. The owner of the vehicle will not be responsible for any storage fees over and above the period of the time deemed necessary for the appropriate notification.
G. Maintenance of Equipment and X'acilities
1. FRANCHISEE shall maintain in a neat and clean manner and in good condition all real property and improvements thereon and all vehicles, facilities, equipment and materials.
2. All property shall be maintained at all times so that it is in compliance with CITY codes and this Agreement and shall be kept in a neat and clean appearance.
3. Graffiti on property or equipment shall be removed within twenty-four (24) hours.
H. Towing Equipment
l. Towing equipment must be owned or exclusively leased by FRANCHISEE and all equipment must be available for simultaneous inspection by the CITY.
2. FRANCHISEE must owrr or lease not less than five (5) tow trucks, at least one of which shall be a flatbed that will be based at its principal place of business and will be available to perform towing. Said tow trucks shall comply with all of the following requirements :
a. FRANCHISEE, at its expense, shall install and maintain all necessary communication equipment for radio fansmission and reception (contact) with each tow truck and shall comply with all FCC Regulations and Requirements.
b. Each tow truck must be equipped in compliance with the provisions of the California Vehicle Code.
c. Each tow truck must bear evidence of all required licenses and inspection 148
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certifications as required by CITY.
d. Each tow truck must have an original manufacturers rating of at least 14,000lbs. GVWR and be equipped with dual rear wheels.
e. Each tow truck must have a cable winch of sufficient size to capacity to retrieve vehicles which have gone over embankments of off traveled portions of roadways into inundated areas or other inaccessible locations. f. Each tow truck must be adequate to handle any passenger vehicle, small trucks, trailers, tractors or similar heavy equipment, i.e. standard tow truck (14,000 lbs. GVRW) -not a converted pickup or light truck.
3. A tow vehicle specifically designed for heavy duty towing must be available for 45- minute response with trained personnel to operate said vehicle. Any changes that exceed the limits of this Agreement shall be done by FRANCHISEE and shall not be passed on to the vehicle owner or CITY.
I. Storage Facilities
l. All vehicles shall be stored in a building or in an area or areas that are secure and enclosed by a substantial wall or walls or other CITY approved enclosure. The enclosure shall provide at least eight (8) feet in height and shall completely screen the storage yard from public view.
2. There shall one or more gates, equipped with adequate security locks. Gates shall be of adequate size to permit ingress and egress of a three-a:de heavy duty towing vehicle and its load. The gate shall be the same height as the surrounding enclosure and shall also completely screen the storage yard from public view.
3. Any damage to any wall or fence must be repaired within twenty-four (24) hours to ensure proper protection to stored vehicles.
4. The storage facility must be illuminated to such a degree that normal reasonable visual observation of the area may be made during the hours of darkness.
5. The storage facility shall meet all fire, zoning and building codes, and licensing requirements of its jurisdiction and FRANCHISEE shall provide verification of compliance upon inspection.
6. The storage facilities must be capable of holding a minimum of 100 vehicles parked in such a manner as to provide accessibility and to prevent damage.
7. The lot or lots used for storage shall be located or constructed in such a way that atl vehicles impounded or stored shall be secured either within a building or shall be concealed from view of adjoining property when viewed from the street or ground level.
8. FRANCHISEE shall maintain at FRANCHISEE'S own expense, separate and enclosed garage facilities for a minimum of three (3) vehicles ordered impounded by the police for involvement in commission of crimes or other 149
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reasons. FRANCHISEE must protect said vehicles from dirt or moisture, as well as from any other substances. All structures shall conform to the applicable building and fire codes.
IX. ADYERTISINGruSE OF CITY IDENTIFICATION
FRANCHISEE shall not, without the express written consent of the CITY, display or use any signs, logos, or advertise in any way that FRANCHISEE is an official towing service of CITY.
X. COMPLIANCE WITH LAWS
A. Laws
FRANCHISEE shall keep informed of and comply with all CITY, state and federal laws which in any manner affect FRANCHISEE or those engaged or employed by FRANCHISEE in performing the services to be rendered by FRANCHISEE, including but not limited to the provisions of California Vehicle Code section22850.3.
B. Permits
FRANCHISEE shall procure and obtain all permits and licenses, pay all charges and fees, and give all notices required by CITY, ordinances or other laws relating to the performance of services to be performed.
XI. NON-COMPLIAI\CEWITHSTAITDARDS
FRANCHISEE agrees that failure by FRANCHISEE or its agents to comply with these terms and conditions shall be cause for suspension or termination of this Agreement.
XII. HOLD HARMLESS
A. f,.RANCHISEE
FRANCHISEE shall defend, indemniff and hold CITY, its elective and appointive officers, agents, employees and volunteers harmless from any claim, demand, damage,liability,loss, cost or expense for any damage whatsoever, including but not limited to death or injury to any person and injury to any property arising from FRANCHISEE'S performance of this Agreement. The decision to accept, reject or settle any claims relating to towing services by FRANCHISEE shall remain in the sole discretion of CITY. 150
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B. CITY
CITY shall not waive any rights against FRANCHISEE acquired pursuant to the hold harmless provisions by any acceptance or deposit by FRANCHISEE of insurance policies.
C. Insurance Policies
The provisions set forth in subsection A above shall apply to all damages and claims for damages of any kind suffered, or alleged to have been sufflered, by any reason of any performance by FRANCHISEE regardless of whether or not any insurance policies have been determined to be applicable to the claim. This FRANCHISE Agreement is subject the insurance requirements listed in Exhibit A.
D. Deductibles
Any deductibles or self-insured retentions over $25,000 per occulrence must be declared to and approved by CITY. Any deductible exceeding an amount acceptable to CITY shall be subject to the following changes: either the insurer shall eliminate or reduce such deductibles or self-insured retentions with respect to CITY, its officers, employees, agents and volunteers (with additional premium, if any, to be paid by FRANCHISEE); or FRANCHISEE shall provide satisfactory financial guarantee for payment of losses and related investigations, claim administration and defense expenses.
E. Verification of Compliance
Franchisee shall furnish CITY with original policies or certificates and endorsements effecting coverage required by this Agreement. The endorsements are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by CITY before work commences. Not less than fifteen (15) days prior to the expiration date of any policy of insurance required by this Agreement, FRANCHISEE shall deliver to CITY as a binder or certificate of insurance with respect to each renewal policy, bearing a notation evidencing payment of the premium therefor, or accompanied by other proof of payment satisfactory to CITY. FRANCHISEE shall provide full copies of any requested polices to CITY within three (3) days of any such request by CITY.
F. Termination for Lack of Required Coverage
If FRANCHISEE, for any reuxon, fails to have in place, at all times during the term of this Agreement, including any extension hereto, all required insurance coverage, CITY may immediately obtain such coverage at FRANCHISEE'S expense and/or terminate this Agreement.
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xIv. PTIBLIC INTEREST
No member, officer or employee of the CITY of La Verne or of a local public body during his/trer tenure or one year thereafter shall have any interest, direct or indirect, in this Agreement or proceeds thereof.
xv. ASSIGNMENT
FRANCHISEE shall not transfer, sell, subject or assign the franchise, nor shall any of the rights or privileges therein be leased, assigned, sold, in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person, by either act of the FRANCHISEE or otherwise, unless wriffen authorization for such transfer, sale, subletting or assignment is obtained from the CITY Council. For purpose of this section, an acquisition by any person, Soup, partnership or other entity of at least ten percent (10%) of the Operator shall be considered a sale, transfer or assignment. Any such transfer, sale, sublease or assignment shall immediately void the Franchise Agreement. Should the CITY Council agree to any such transfer, sale, sublease or assignment, each and every one of the terms, covenants and conditions of the written Agreement shall inure to the benefit of and shall bind all successors and assigns of the parties hereto.
XVI. NTDEPEI\IDENT STATUS
A. FRANCHISEE Not Employee of City
FRANCHISEE is and shall at all times remain as to CITY a wholly independent contractor. Neither CITY nor any of its offrcers, employees or agents shall have control over the conduct of FRANCHISEE or any of its officers, employees or agents except as set forth herein. FRAIICHISEE shall not at any time or in any manner represent that it or any of its officers, agents or employees are in any manner offtcers, agents, or employees of CITY.
B. Right of Control
City shall have the right to control FRANCHISEE only insofar as the results of FRANCHISEE's services rendered pursuant to this Agreement. CITY shall not have the right to control the means by which FRANCHISEE accomplishes services rendered.
XV[. FAIR EMPLOYMENT PRACTICES/EQUAL OPPORTI]NITY
ACTS
A. Compliance with Fair Employment Practices Act
FRANCHISEE shall comply with all applicable provisions of the California Fair Employment Practices Act (California Labor Code Sections 1410 e15g$ and the 152
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applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 2003- 2217), whichever is more restrictive.
B. Equal Opportunity
FRANCHISEE affirms that it shall not discriminate against any employee or applicant for employment because of race, creed, color, sex, or national origin. FRANCHISEE will ensure that applicants are employed, and that employees are treated during employment without regard to their race, creed, color, sex, or national origin. Such a policy of FRANCHISEE shall apply, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitnent or recruitnent advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
C. Employment of Aliens
FRANCHISEE wa:rants 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 Immigration Reform Act of 1986 (P.L. 99- 603). FRANCHISEE shall obtain, from all covered employees performing services hereunder, all verification and other documentation of employment eligibility status required by federal statutes and regulations as they currently exist and as they may be hereafter amended. FRANCHISEE shall retain such documents for all covered employees for the period prescribed by law. FRANCHISEE shall indemniff, defend, and hold harmless, the CITY, its offices and employees from employee sanctions and other liability which may be assessed against the CITY in connection with any alleged violation of federal or state statutes or regulations pertaining to the eligibility for employment for employment of persons performing services under this Agreement.
XVII NOTICE
A. Notice Upon CITY
Whenever it is necessary for FRANCHISEE to serve notice to CITY respecting the provisions of this Agreement, FRANCHISEE shall submit such notice in writing to:
Chief of Police
City of La Verne
2061 Third St.
La Verne, California 91750-4497
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B. Notice Upon FRANCHISEE
Whenever it is necessary for CITY to serve notice to FRANCHISEE respecting the provisions of this Agreement, CITY shall submit such notice in writing to:
Sanders Towing Inc.
Scott L. Dilley, President
344W. Arrow Highway
San Dimas, California 91773
C. Notice Effective
Notice shall deemed to be served upon personal delivery or three (3) days after deposit in the United States mail.
XIX. ATTORNEY'S FEES
If any action at law or in equity, including an action for declaration relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs and necessary disbursements, in addition to any other relief to which it may be entitled.
xx. SIGNATT]RES
Authorized signature of FRANCHISEE is hereby affrxed as evidence of understanding of agreement to comply with the provisions of this Agreement.
Signature:
Scott L. Dilley, President
Sanders Towing Inc.
Authorized signature of CITY is hereby affrxed as evidence of understanding of agreement to comply with the provisions of this Agreement.
Tim Hepburn, Mayor
La Verne, California
Signature:
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Attest:
Deputy City Clerk
Approved As To Form:
Robert L. Kress
City Attorney
EXHIBIT A
Without limiting FRANCHISEE's indemnification of CITY, and prior to commencement of Work, FRANCHISEE shallobtain, 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 that is satisfactory to ClW.
General liability insurance. FRANCHISEE shall maintain commercialgenera! liability insurance with coverage at least as broad as lnsurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $3,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract' language will not be accepted.
Automobile liability insurance. FRANCHISEE shall maintain automobile insurance at least as broad as lnsurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the FRANCHISEE arising out of or in connection with Work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $2,000,000 combined single limit for each accident.
Umbrella or excess liability insurance.
FRANCHTSEE shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth 155
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above, including commercial genera! liability, automobile liability, and employer's liability. Such policy or policies sha!! include the following terms and conditions:
. A drop down feature requiring the policy to respond if any primary insurance that would othenrvise have applied proves to be uncollectible in whole or in part for any reason;
o Pay on behalf of wording as opposed to reimbursement; . Concurrency of effective dates with primary policies; . Policies shall "follow form'to the underlying primary policies; and o lnsureds under primary policies shall also be insureds under the umbrella or excess policies.
Garage Keeper's Legal Liability. FRANCHISEE shall provide garage keeper's legal liability insurance with a limit of no less than $250,000 per vehicle and $1,250,000 aggregate per loss.
Workerc' compensation insurance. FRANCHISEE shall maintain Workers' Compensation lnsurance (Statutory Limits) and Employer's Liability lnsurance (with limits of at least $1,000,000).
FRANCHISEE shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.
Other provisions or requirements
Proof of insurance. FRANCHISEE shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. lnsurance certificates and endorsements must be approved by CITY's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. FRANCHISEE shall procure and maintain for the duration of the contract 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 FRANCH ISEE, his agents, representatives, em ployees or subconsultants.
Primary/noncontributing. Coverage provided by FRANCHISEE shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY's own insurance or self-insurance shall be called upon to protect it as a named insured.
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CITY'3 rights of enforcement. ln the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by FRANCHISEE or CITY will withhold amounts sufficient to pay premium from FRANCHISEE payments. ln the alternative, CITY may cancel this AGREEMENT.
Acceptable insurers, 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 Vll (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otheMise approved by the CITY'S Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow FRANCHISEE or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. FRANCHISEE hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non €toppel). FRANCHISEE acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform FRANCHISEE of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder. irements 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, orto the exclusion of other coverage, or a waiver of any type. lf the FRANCHISEE maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the FRANCHISEE. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the ClTY.
Notice of cancellation. FRANCHISEE agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (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 shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
of undisctosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting 157
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endorsement of any kind that has not been first submitted to CITY and approved of in writing.
Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that FRANCHISEE'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. 158
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Towing Franchise Service Agreement- July 18,2022
. Have sufficient towing equipment and vehicles to perform as specified in the agreement. This includes sufficient equipment including flatbed tow trucks, medium duty tow trucks, heavy duty tow trucks, and super heavy duty tow trucks. . Tow service is to be located within five (5) miles from the La Verne Police Department for community members.
o Be availabb on a 24-hour, 7-day-a-week basis, including holidays. . Storage yard shall be secure and provide outside, as well as inside, locked storage space for vehicles held for evidence.
. Provide fair and competitive prices to customers.
o Prompt and efficient response to police tow requests as specified in the agreement.
Sanders Towing equipment capabilities not only meet the minimum requirements of the RFQ, but exceed it. The RFQ specifies a minimum of five (5) tow trucks with a rating of 14,000 lbs and equipped with dual rear wheels, including one (1) flatbed car carrier. The RFQ also specifies the towing equipment must include a tow vehicle specifically designed for heavy duty towing and must be available for a forty-five (45) minute response with trained personnel to operate said vehicle.
Sanders towing has the following equipment:
o Eight (8) Light Duty flatbeds for passenger vehicles and pickup trucks o One (1) Heavy Duty flatbed
. Two (2) Auto Loading Wreckers
. One (1) Heavy Duty Wrecker
. One (1) Medium Duty Wrecker
. One (1) Landoll 3 Axle Heavy Tilt
. One (1) Dovetail Heavy Trailer
References Checked
Sanders Towing provides tow services for the Cities of La Verne, Claremont, and Pomona. They also provide service to the Los Angeles County Sheriffs Department, the California Highway Patrol, and the Automobile Club of Southern California.
Sanders Towing has been providing towing and storage services for the City of La Verne and neighboring cities for over 45 years. Sanders is family owned and operated and have served the City of La Verne community by volunteering and providing resources for many City of La Verne events. These events include candy delivery with Santa on Christmas morning, Fourth of July Parade, Concerts in the Park, La Verne Wine Walk, La Verne Historical Society, La Verne Chamber of Commerce, vehicle donations for Every 15 Minutes, numerous school and youth programs, and Etch and Catch Catalytic Converter events.
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Towing Franchise Service Agreement- July 18,2022
Sanders Towing, on occasion, has also provided specialized heavy tow services to the La Veme Police Department. The proposed basic fee for towing passenger vehicles is $270.00 / hour. Passenger Car storage fees per day are $68.00. The rates increase for larger vehicles, such as large trucks, trailers and motorhomes. Sanders Towing is the only company equipped of the two tow services and has the largest fleet, as well as specialized equipment. They have the capabilities to tow large commercial trucks, as well as motorcycles. They can also handle the recovery of large vehicles that overturn or go off road. They maintain and staff their own 24-hour a day dispatch center. Their office and main yard in San Dimas is approximately 1.3 miles away from the center of La Verne.
The second proposal was submitted by S&J Towing in the City of Pomona. S&J Towing office and storage yard is located in the City of Pomona and is approximately 4.3 miles from the center of La Verne. S&J Towing does not meet the minimum standards required by the tow equipment specification in the Request for Qualifications as they do not have access to a Heavy Duty or Super Heavy Duty Tow as required in the RFQ.
S&J Towing has the following equipment:
. Six (6) Flatbed Tow Trucks
o One (1) Medium Duty Tow Truck
S&J Towing is capable of handling basic tow services, but they do not possess heavy tow capabilities for large semi-trucks, large busses or motorhomes. They currently conduct tow services for the City of Claremont and City of Pomona. S&J Towing proposed towing rates are the lower of the two companies. S&J Towing charges $236.00/hour for towing and storage fees per day are $55.00. S&J Towing does not currently have a City of La Verne Business License but recently applied for one.
A thorough review of all submitted proposals presented the following attributes and shortcomings of each proposal:
o Sanders Towing is and has been a proven and trusted provider of tow services for the City of La Verne over the last 45 years. Their office and storage yards are located one mile from the City of La Verne limit, which in turn provides convenience for community members when recovering their vehicles from the tow yard, as well as an efficient response to police department requests for tows.
Their tow rates and storage fees are within the California Highway Patrol industry standard and they are equipped to handle basic tow services.
S&J Towing tow rates and storage fees are lower than Sanders Towing proposal.
These low rates ensure community members who are recovering their vehicles are provided adequate savings and the ability to obtain their vehicles' S&J o
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Towing Franchise Service Agreement- July 18,2022
Towing location in the City of Pomona is inconvenient for community members of La Verne, due to distance and lack of quick accessibility.
Sanders Towing is by far the best equipped and well-staffed of the two tow services that submitted bids. They have the largest tow fleet that can not only handle basic tow services, but also provide heavy lift operations, as well as upright and can tow large industrial trucks.
3 o
o
3 o
Sanders Towing also provides towing services to numerous cities, such as the Cities of Pomona and Claremont. They also provide service the Los Angeles County Sheriffs Department and contract with AAA. They have an appropriate response time to police department requests for tows. Even though their office and storage yards are located in San Dimas, they are easily accessible from La Verne. Although Sanders Towing is the best equipped and responsive, their tow rates and storage fees are the more costly of the two proposals.
Sanders Towing is the only one of the two service providers that met the City's requirements for equipment. Sanders Towing has the most comprehensive fleet of the two and can also tow commercial trucks and RVs.
o
Staff recommends Sanders Towing for the following reasons:
Their tow and storage rates are within the industry standard and they ?faJ Sanders Towing is located in the City of San Dimas which enables them to respond quickly to tow service requests from the Police Department. equipped to handle the basic towing requirements of the City and are responsrve to any requests, questions or complaints from the Police Department.
Sanders Towing has provided forty five (45) years of tow service to the City of La Verne and is an established and involved business within the community.
There is no direct cost to the city for towing and impound services. sanders will pay the City $1000 per year as a franchise fee.
3 c D
Respectfully submitted by:
Administrative Lieutenant
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Agenda Report
CITY OF I-A VERNE
Gity Manager's Office
DATE: July 18,2022
TO:
FROM:
SUBJECT:
Honorable Mayor and CitY Council
JR Ranells, Assistant City tvt^n^9",
lk
Resolution 2245 Approving the Memorandum of Understanding between the City of La Verne and the La Verne Police Officers'Association, Resolution 2246 Approving the Memorandum of Understanding between the City of La Verne and the La Verne Police Middle Management Association, and Resolution 2247 Approving the Memorandum of Understanding between the City of La Verne and the La Verne City Employees' Association.
SUMMARY
The Memorandum of Understanding (MOU) with the La Verne Police Officers' Association (LVPOA), La Verne Police Middle Management Association (LVPMMA), and the La Verne City Employees'Association (LVCEA) expired on June 30,2022.
Staff and association representatives have been meeting since the spring of 2022 on respective successor agreements. Based on City Council direction and unanimous support of the terms discussed during a June 20,2022, closed session, an agreement has'been reached with these three represented employee groups and staff is now seeking formal approval from City Councilto finalize the MOU's.
RECOM NDATION
Staff recommends the City Council adopt Resolution 2245, Resolution 2246, and Resolution 2247 authorizlng the City Manager to execute an MOU between the City of La Verne and the LVPOA, the City of La Verne and LVPMMA, and the City of La Verne and the LVCEA.
BACKGROUND
As per State law, the City is required to meet and confer with recognized employee groups over wages, benefits, and working conditions. The agreements the City is Iurrenly op"r"iing under with the LVCEA, LVPOA, and LVPMMA expired on June 30' 2022.
These negotiations represented a unique challenge in timing with discussions occurring during traisitions impacting City leadership' The groups (LVCEA, LVPOA, and 163
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2022MOU Resolutions
July 18,2022
Page2
LVPMMA) expressed interest in entering into a multi-year successor agreement to proriJe siabillty but the items presented during discussions were complex and would iequire a significant amount of time as well as research to adequately negotiate.
Foilowing ttie unanimous direction of the City Council, the groups disc.ussed the uncertaiity ahead and the desire to honor the established compensation practice for salary adjustments which have historically allowed the City to attract and retain quality employees.
Ultimately, it was mutually agreed to enter into a one-year term for all groups which includes ihe salary rOlrrir"its. Understanding a multi-year is desir"g by all parties, the MOUs also includ" , .ormitment to engage in successor discussions no later than November 2022. in" ,pproval of Measure LV by the City's voters has created a revenue source that allows the city to remain competitive with the surrounding market *nitu providing the level of service the La Verne community has come to expect and benefit from.
ln summary, the changes to the respective uo9: provide for salary adjustments to the July ZO22market.o=iing approximately $540,000. Most other provisions in the MOU's remain unchanged.
Lastly, as part of the negotiations with the La Verne City Employees Association' the classification of CustomLr Service Representative ll is proposed to_ be updated. The classification will -qrir" a state Heafin Department Grade ll Distribution Certificate, which was previousi,j onry preferred. This change allows the City to be consistent with inou.try standard toi tne water system and coincides with the respective comparable positions in the local market.
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A
RESOLUTTON NO 2245
LUTION OF THE CITY COUNCIL OF THE CITY OF LA , COUNTYOF
ANGELES, STATE OF CALI RNIA, AUTHORIZING THE EXECUTION OF A
ORANDUM OF UNDERSTAN DING BETWEEN THE LA VERNE CITY COUNCILLOS MEM
AND THE LA VERNE POLICE OFFICERS'ASSOCIATION (LVPOA)
JUNE 30, 2023
BE lT RESOLVED by the La Verne City Council as follows:
Section 1. The CitY Manager of the City of La Verne is hereby authorized to execute a Memorandum of Understanding between the City of La Verne and the La Verne Police Officers' Association, said memorandum of understanding being in the form attached hereto and made a part hereof by reference as though the same were set
THROUGH
forth in full herein.
Section 2. 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 18tr day ol July'2022' I hereby certify that the foregoing Resolution No.2245 was duly a.1A re.S1{a1t13!9nteO tV tt
" 6it, C"'rn.it ot tn" City oit-a Verne at a meeting thereof held on the 18th day of July,2022, by the following vote:
ATTEST:
Lupe Gaeta Estrella, Assistant City Clerk
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
Lupe Gaeta Estrella, Assistant City Clerk
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MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF LA VERNE
AND
THE LAVERNE POLICE OFFICERS' ASSOCIATION
Article I - Recognition
The City of La Verne (hereinafter referred to as "City') has formally recognized the La Verne Police Officers'Association (hereinafter referred to as "Association") as the representative for full-time City employees in the following job classifications:
Police Officer
Senior Police Officer/CorPoral
Police Sergeant
): i.
:,. .:.'
Article 2 - City Council APProva!
It is agreed that this Memorandum of Understanding (MOU) is of noJorce or effect until ;tified, approved and adopted by the City Council of the City of La Verne.
Article 3 - Management Rights
To the e{ent that the following are not inconsistent with speciflc MOU provisions and to the extent that the following are not within the scope of representation, the parties agree that the following constitute the rights of management:
\. Thiright to hire, promote, demote, suspend, discipline, or discharge any employee in accord with state and federal law'
2. Deiermine the location of any new facilities, buildings, departments, divisions' or subdivisions thereof, and ine relocation, sale, leasing, or closing of facilities' departments, divisions or subdivisions thereof'
3. Determine services to be rendered.
4. Determine the layout of buildings and equipment and materials to be used
5. 6.
7. 8.
o
10. therein.
Determine the size and character and use of inventories' Determine fi nancial policy, including accounting procedure' O"i"rrin" the staffing oiclassificatlons not represented by the Association.
Determine selection, or promotion of employees'
Determine the size and character of the work force'
Determine the allocation and assignment of work to employees except in those instances where the affected employee receives additional compensation as a result of performing a given assignment' Determine policy affecting the selection of new employees' Determine ine eitaOtisnment of quality and quantity standards and the judgment of quality and quantity of work required'
11. 12.
-1-
First line: 0"Formatted: IndenE Left:
I nesolurloN No. 18142243.
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13. 14.
15. 16.
17. lmpose disciPline.
Determine control and use of City property, materials, and equipment' Place work with outside firms
Determine the kinds and numbers of personnel necessary' n"qrir"employees,wherenecessary,totakein-servicetrainingcourses during working hours.
Presiribe a uiiform dress to be worn by designated employees' nny jrievance arising out of or in any way con-nected with the existence or the i;g;[-ty;i;y of theibove-described rights of management is not subject to inE gr'"rrr",; procedure unless such grievance is othenrvise grievable under another Article of this Agreement.
18. Article 4 - Association Rights
The Association retains the right to engage in the meet and confer process with regard to all matters relating t6 emptoylr/employee relatio-ns including, but not iir"ii"O to, wages, hours ani other terms and conditions of employment.
Article 5 - Association Dues
A.TheCityshalldeductduesfromthefirstandsecondpaychecksofeach' - "rpfoy6"
each month and remit to the Association such monies, the deduction of wnicn have been authorized by the employee in writing' B. The Association agrees to hold harmless and indemnify the City against any claims, causes of iction, or lawsuits alleging ne.SliO9199 by the City in the performance of its obligations as set forth in Article 5(A)' Article 6 - No Strike/No Lockout
The city and the Association agree that it is to their mutual benefit to encourage the resolution ot Oiffeie-nces thriugh negotiation. Therefore, during the term of this MOU, the City agrees that it will not cause a lockout of employees covered by this MOU and tne nssociation agrees that there will be no strike, slowdown, or other *orL rtopp"ge. cornptianci with the request of other labor organizations is included in this Prohibition'
Article 7 - LaYoff Procedures
A.Seniorityshallbedefinedasthelengthofcontinuousserviceasafull.time' ' ".pfoy""
with the City of La Verne except as otherwise noted'
B. ln the event of reorctian intne work force, the employee in the classification -o"ingreducedwiththeleastseniorityshallbelaidofffirst.
I RESoLUTIoN No. 1844224s. -2-
t: ii r ::
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c. Any represented employee who has been notified of layoff may elect to accept - ir," rrvbr or exercise bump down rights. Represented employees, if qualified anO ai:te to work, shall be authorizeO to bump into any lower rated classification withthedepartmentandreplaceanyemployeewhohaslessseniority. r,prov"".exercisingbumpdownrightsmustdosowithinseventy-two(72) hours after receipt of notice of layoff.
o. erp6ve"s bumped by higher seniority employees shall themselves have the option of exercising bump down rights'
e. fl-o new employeelhall be hired untit alt employees on layoff have been given - ini opportu'niti to be reinstated in the position held prior to layoff or bump oo*n.' such employees shall be rehired or reinstated to the position held at the time of separation and in reverse order of their layoff or demotion. s. uch right of reinstatement must be exercised within twenty (20) days after the City deposits its written notice of recall from layoff in the united states Mail addressed to the emptoyee,s last known address. such mailing shall be by certifled mail - return receipt requested.
Article 8 - Salary Rates and Step Advancements
A. Salarv step Advancement. A five (5) step salary schedule with five percent @7o;-iff-61gnceb;,t-ee ps is heiebyestablished forthe classifications listed in Article 1 of this Agreemeni. Such SYi differentials shall be maintained for the term of this Agreement.
Median Salari Range Adiustments - Effective the first full pay period of July @chedulewillbe adjusted to equate to Step 5
or tnJ-projecte a i,uly w-zozz .median lop base monthly salary for those class if ications surv6yeO as off u ne 1 5, M+M, wh ich--uti I ized. lhe local iJ"".i"iio"ntified below in this section =
pEried ef Juty 2O2t^"^1. $re€ase sataries ef eaen memberwill be lnereased by i
G-€f$€er-=€€%
r+e+BeraPg'+X
-SerSeaF+=€'5%
Saidsalaryadjustmentsshallberoundedtothenearestone.halfpercentage ii,"iO.Zd"t" ind 0.75o/o inatt O" rounded up). Accordingly, any increase in the !;i;il;"hJrb *iri 1grrrt in an increase to the members' base salaries based on in" .i*riit"p that the m"ro", is on as ol July *21M. Should the median ,Jrrv ol.i"r.L for a classlfication, the city will maintain the then current salary schedule for that classification.
The Step 5 salary for employees pro[919d to Senior Police Officer after January i, is9-4, "h"ribe'set
at tJn p"rc"nt (10%) above the step 5 salary for Police Officer.
Fomatbd: Indent: Left: No bullets or
I RESoLUTIoN No. 48-642245 -3-
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The local agencies that will be surveyed for comparison purposes include: the cities of Azisa, Baldwin Park, Chino, Claremont, Covina, Glendora, Monrovia, Montclair, Ontario, Pomona, Upland, West Covina, and the County of Los Angeles.
B. Sila rv Plan Ad ministrationMork Performance Eyal$3!ion. @ rate and willbe the hiring rate. ln special
cases, wnen it is merited by experience, education, training or other qualifications, the City may approve hiring at a higher salary step' lf an employee is hired at a step other than 1 , he/she must wait one (1) year until the next step increase.
2. Step 2. This salary step is attainable after completion of six (6) calendar rnontns of service if the employee has demonstrated satisfactory job progress.
3. bteo a. This salary step is attainable after one (1) year of service from tfre Oate of the last salary step increase only if the employee shows satisfactory job Progress.
4. Step 4. fnii satary step is attainable after one (1) year of service from tne Oate of the last salary step increase only if the employee shows satisfactory job Progress.
5. Step S. lnii satarystep ls attainable after one (1) year of service from tne Oate of the last salary step increase only if the employee shows satisfactory job Progress.
6. Employees inati OspaiO by twelve noon (12:00) on or before every other Friciay. When the normal pay day falls during an employee's annual vacation leave, such employee shall receive a partial vacation advance on the last working day prior to such an annual vacation leave provided a written requesiis submitted to the Finance Officer at least five (5) working days Prior to said leave.
7. All'employees shall receive at least one (1) annual written department evaluation pursuant to department policy as established by the Police chief. written evaluations will be given to the employee at least ten (10) days before the end of the particular evaluation period' S.Allstepincreases,promotions,demotions,orotherchangesinthe employees' salaries shall occur at the beginning of the closest.pay period. g.Performanceevaluationsshallbecompletedbysupervisorwhich employeepredominantlyworkedunderduringreviewperiod.However, this will not preclude the evaluating supervisor from getting input from other superiors the employee worked for.
C. Probationarv Period
i=l en-ointments to the classification of Police officer shall be tentative and subject to a probationary period of eighteen (18) months'
2. promotional app6intments shall be tentative and subject to a probationary period of one (1) Year.
3. Lateral appoiniments shall be tentative and subject to_a_12-18 month probationiry period as determined by the Personnel Officer and Police bnief. Some of the factors used in determining length of the probationary periodincludebutarenotlimitedto;previousyearsandlevelof
1.:
I RESoLUTIoN No. 1*€4Us 4-
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experience, formal education, PosT certificates, specialized training, as well as job Performance.
4. The probationary period may be extended prior to the end of the -probationary peiioO Oy the City for a period not to exceed three (3) months as a result of an employee's unfavorable evaluation.
5. During the probationary period, a newly hired employee may be dischirged by the Ci$ if the City deems the employee unfit or unsatisiactory for permanent employment. The probationary employee shall have the rights of appeal as required by law.
6. During the probitionary period, a promoted employee may be demoted back to the previous job held if the City deems the employee unfit or unsatisfactory for peimanent appointment. No probationary period shall be required upon reinstatement to the prior position.
7. The piobationary period shall be regarded as a part of the testin-g process and shall be utili26d for closely observing the employee's work, for securing the most effective adjustment of a new employee to a position, and foriejecting an employee whose performance does not meet the standards of wok.
D. Trainee Levels. The city may, at its discretion, establish Police Academy- ira'16salary range levels, noi less than fifteen percent (15%) below Step 1 of the Police Officer salary range and/or job description.
E. New Classilications. fne e ity may establish new job classifications that do not entail reclassification of an existing position. Employees desiring to compete for such positions will be evaluated in the same manner as any candidate aspiring to receive appointment to the new position' F. Actino Apoointrients. The City may designate an employee to an acting capaotynafoOclass,ncationdifferentthanthatcurrentlyheldbythe employle. The employee shall receive five percent (5%) above the "mbfoyee'r
current'ba;e monthly salary added to the employee's wages after ten'(10) consecutive working days of satisfactory service in such acting capacity as determined by the City.
1. ' Service in an acting capacity shall not continue beyond six (6) months without the agreement of employee, Association and City'
2. An employeJhaving served in an acting capacity and subsequently fully - appoinieO to the polition shall establish a new anniversary date as the first day of permanent appointment to the position'
C. promd,tbd. The City niay promote an employee to a higher job classification. lllEfroteo employee shall receive a minimum of five percent (570) increase in salary provided, however, that no employee shall receive a salary which exceiAs or deviates from the salary steps established for the prombtional job classification. A promoted employee appointed at other inan Step t inatt not receive another step increase for a minimum of one (1) Year.
2. A nlw anniversary date shall be established and the promoted.employee shall be subject to a one (1) year probationary period' An employee rejected during this time beciuse of committing a disciplinable act shall be reinstated to the job classification previously held at the same salary level -5-I RESoLUTIoN No. 1$42z.45
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the employee had prior to the promotion without loss of seniority in that classification and/or shall be subject to discipline.
H. Senior Police Officer Proqram. Sworn employees covered by this --.
nsreement inall be promoted to the classification of Senior Police Officer as follows:
1. lncumbent Police Officers hired prior to September 5, 1994' shall be eligible for promotion to Senior Police Officer without regard to the budgetary iimitations established in subsection 2 below, based on the follo-wing criteria. Edg@E: An A.A./A.S. degree (or equivalent units) from an accredited college in criminal justice or another law enforcement related course of study; Experience: Four (4) years as a sworn Police Officer, two (2) of which must be with the City of La Verne;@!: The employee must pass a written test with a 70% score or better and receive satisfactory annual performance evaluations in the prior two (2) years preceding Promotion.
2. Tne num6ir of Senior Police Officer positions within the Department shall be limited to one-half of the budgeted complement of Police officers and senior Police officers with a minimum of fifteen (15). (All incumbent Senior Police officers, incumbent Police officers and the incumbent employees enrolled in the academy appointed prior to September 5, 1994' will'noi be affected by this limitation.) Eligibility criteria for promotion to Senior police Officerinalt be as follows: Education: A.A./A.S. degree (or equivalent units) from an accredited college in criminal justice or other law enforcement retated course of study; Exoerience: Four (4) years as a swornPoliceofficer,two(2)ofwhichmustbewiththeCityofLaVerne.
All promotions to Senior pbiice Officer shall be accomplished through a competltive selection process in accordance with the Personnel Rules and Regulations.
f . Oemotion. The City may, with cause, demote an employee to a lower job classification.
i.- A demoted employee shall receive a minimum decrease in salary equivalent to ohe it) salary step provided, however, that no employee shall receive a salary wnicir exceeds the maximum range level established for the lower job classification.
2.Anewanniversarydateshallbeestablishedforthedemotedemployeeas tn" ory on which irre employee begins performing the duties of the lower pO ctaisification as determined by the City' A demoted employee will iuffer no loss of seniority with the department'
3. No probationary period inatt Oe required for any employee in a classification to which he is demoted'
J. leal Ulotor Officer Oifelential A!.lhe discretion of the Chief of Police' @petitive selection process, one-(1 ) employee
assignei to motorcycle patrolduty may be designated as Lead Motor officer.
An emptoyee "o """''inJO
by the'Chiei of Police shall receive a monthly salary
Oi*Jrential of $100 in?cogliition of the following duties and responsibilities:
1. Supervise commercial vehicle enforcement,
2. srb"rvi"e special event traffic activities, including DUI checkpoints; I nesolurloN No. 1844?2!5 -6-
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3. Determine and justify traffic enforcement training and budget needs;
4. Monitor citation ProductivitY;
5. Develop motor officer schedule in conjunction with watch commander;
6. coordinate with schools and crossing guards to provide safe routes to schools;
7. Supervise and coordinate investigations of fatal traffic accidents;
8. Review collision reports for CHP and SWITRS input;
9. Pursue traffic grant opportunities.
K. Canine AssiqnmCnt. Atthe discretion of the Chief of Police, an employee may be€ssigned-to a canine officer detail. Employees who are assigned to a canine office-r detail will receive compensation as descibed below. The Association and the city agree that this canine assignment pay is intended to compensate canine officers for off-duty time spent caring, .grooming,.tgeding, traiiing, and otherwise maintaining their assigned canine/equipment (canine activiies), in compliance with the FLSA and interpretive cases and rulings.
The canine offtcer will be paid four (4) hours at the canine officels base houly rate for up to 26 pay peiods perfiscal year for canine activities. The Association and thi City agree that 4 hours per 26 pay periods has been determined to be the amoint of time the canine officer spends on canine activities and that this amount of time was determined through inquiry of the canine officer and their feedback. ln addition, canine officers shall receive one dayoff(12hours)permonthtobescheduledbytheDepaftmentatits discretion.
Article 9 - Hours of Work
A. Normal Work Week.
i.:@m" *"th"eek for sworn employees assigned to Patrol shall be ifrilscneOrte commonly known as the 3/12 Plan as approved by the Association and the Ciiy. UnOer lhe3112 Plan, employees will be scheduled to work a total of 80 hours in a biweekly period' Newly appointeO Police Officers assigned to an FTO and employees il trl.nlng oiiignt duty assignments may-be scheduled to work five (5) eight (8) hour days in a workweek.
teilt pav AOlustments. ln order to enable employees assigned to the 3/1, plan to receive consistent base pay for eighty (80) hours per pa1 periob, biweekly payrolltime cards maybe adjustedto reflect eighty (80) horo "r"n
tnougn ihe employee may have worked fewer or more hours Juring the regulalr work scrredute. For example, an employee whow-orked , ifto? week-ot tnirty-six (36) hours and a long week of forty-eight (48) hours during a biweekly pay'period will have his/her time card adjusted by the additioriof four (4)'nours'tor tne first week and the deletion of eight (8) hours for the second week. Similarly, an employee who woks two consecutive short thirty-six (36) houi weeks in a biweekly time period will 7-I RESoLUTIoN No. +84422-4s
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have his/her time card adjusted by the addition of four (4) hours for the first week and four (4) hours for the second week'
2. iiotor omcers. ilnitoyee" assigned to Motorcycle Patrol by the chief of pof ice snatt Ue scheduled on a four (4) day, ten (10) hour workweek commonlY known as the 4/10 Plan.
3. Detectiv6 Bureau. Employees assigned to the Detective Bureau shall be ;chedutea on either the 9/ti0 Plan or the 4/10 Plan at the unilateral discretionoftheChiefofPolice.(Undertheg/S0Plan,employeeswillbe scheduledtoworkeight(8)nine-hourshiftsandone(1)eighthourshiftfor a total of 80 hours inl two-week period.) ln making a determination to change the work schedule from either the 9/80 Plan or the 4/10 Plan, the chieiof police may take unilateral action without prior notice to, or consultation with, t'he Association. ln determining the appropriate work schedulefordetectivebureauemployees,theChiefofPolicemay consider criteria that includes, but is not limited to, sick leave usage' overtime, productivity' schedule coverage, etc' The parties to this, Agreement understand and agree that special assignment pay will not be p6vided to employees with detective bureau assignments' . .. .
4. bchool Resource officer. The sch_ool Resource officer shall be ffi orthe 5/8 Plan atthe unilateraldiscretion of
theCitytobestoperatetheprograminlheschools.TheCityshallhave the uniiateral disiretion to furth6r modify both the School Resource Officer assignments,andthescheduledhoursanddaysofwork,consistentwith the ricognition that school recesses and holiday and.summer-breaks can iegurarliminimize the scope of services to reasonably be performed by theSchoolnesourceofficer'Schoo|Resourceofficersshallbeallowed totakeapaidleavefromtheirassignmentduringtheChristmasand/or sPring break'
5. teqi6naifasf rorce Omcgrs. Th.eworkweekforemployees assigned i@ will not be modified or altered by this
Agreement.
B. f-ishibrir. An employee placed on light.duty due to a temporary disability f,e-ffiutreo to ievlrt to the traditio,-nal five (5) day, eight (8) hour schedule for ihe duration of the light duty assignment'
C. L-tmii on Consecutiveiiours WgfliO. An Officer assigned to Patrol shall not nsecutive hours' unless otherwise
authorized during emergency conditions'
D. i"ii"i oul io Aft"rnoo-,ri6urt aeoeg.rJr"". An officer assigned to Patrol - r night shift and is required to
"pp*ln
court beyoid 1:30 p'm' on ihe day following shall be entitled to obiain relief for the upcoming night shift on the day of the court appearance. ln the event tnat sucfiieiief Jue-to an afternoon court appearance is needed, in"
"rnprov""
snatt oe entitted to use vacation or compensatory time off.
E. neversion to previl-ui'ilorr Scneaules. on an annual basis, the City and the Association wittfiffiffi issGirelative to work schedules including' but not limited to,
"rplov"L
satisfaction, productivi$, sick leav.e usage, etc. ln
in" "r"nitn"t
tne CitV oi ine Association'believes that the continuation of the 1,,
I RESoLUTIoN No. 48-6422-4s -8-
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modified work schedules is not in the best interest of the City or the affected employees, the modified work schedules will be abandoned and the Oeilaiment will revert to the work schedules previously in effect upon provision of ninety (90) days written notice.
Article 10 - Special Assignment Pay
Effective with the first full pay period in January 2008, unit members placed in any of the iorro*ing -siignments oeieaive bureau, school resource officer, traffic car' motor om""r, Ianine] or regional task force detective will be provided with.a. monthly stipend of Sizs. 'nrornis will-be distributed on a per pay period basis and will begin or end with the start of the pay period closest to the effective date' A.WiththeexceptionofmembersinanassignmentasofJanuary.l.'2008'all affected emptoyees participating in a speclal assignme.nt' appointed after aloption ot tniJ nrticl", snitt Ue-suOieci to tfre removal/appeal policies and procedures set forth below in subsection B'
B.AcatiforniaCourtofAppealcasehasrecentlyheldthatinmany circumstances, ieassijnment from a special assignment as described above and loss of bonus comlpensation can be implemented only. upon the Department .t"ting t"rt" for the reassignment'.and *lth ,th-:.1?:"e Officer then havlng a rignlto contest the reassignment through all available administrative ri,p".f pio""Our".. ln this case, said procedures.may include access to a triailt,pe evidentiary hearing. (The City does not acknowledge thatsaidcouilrulingiscontrolling,yetitdoesformthebasisforthe compromise o"r"ii6"o in tf is nrt]itL.). However, the following limitation shall ,pprv to aomin:,strative appeats conducted pursuant to Article 10 of the MOU, and which ,"griJ i";tlgnment from a special assignment as that term is used in this Article:
I . During the firit twelve (12) consecutive months that an affected employee is assigneOio a speciaf aisignment which provldes for.compensation in addition toin" oni""r,r base-salary, said individual shall be subject to removal trorln" ipe"ial assignmbnt, without a statement of cause by the oepartmeir' aii witnout tne r=rgnt b any.adm.inisftiu-e-y 21v,1t
method of
appealing iii decision exceft as specifically set..forth herein. The sole aaministraiili iiiiat pursuant to section a1 shall be non-evidentiary meeting with th;'chiei of Potice. There shall be no subpoena power, no testimony, iiiini iit"rnination of the chief of Potice shall be finalfor all purposes. f n tn" i,=" of any such removal' the officer shall continue to receive t"'pr"-"ri.tingoas6 salary. such an affected employee shall be treated as one who has not successfully completed.the probationary period required by the Agency, as said ierm is used and applied in Government Code 53304(b)'
2. Upon any ieastlgil'"tt oui o1 9 special assignment the special "orp"nr"ta,oi-oJnus
provioed to t'he employee shall be eliminated.
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3. The parties recognize that there exist appellate case decisions to the effect that a waiver by an employee organization as to disciplinary due process and appeal rights held by individual members of the Association pursuant to Government code $3304(b) or otherwise, is invalid as regards the individuats (assuming arguendo that any exist as to those employees referenced in 81 above). Therefore, the parties further agree that each individual officer who is assigned to any special assignment on or after the date of adoption of this MOU shall enter into a written agreement evidencing a waiver of any administrative appeal rights as described. herein anl of their agreement to be bound by the rules set forth herein governing reassignmLnt and loss of specialty compensation._ The parties icknowlelge that said waiver does not constitute a waiver of "due process" rignts. natner, and inasmuch as the limited appeal rights described ierein apply to special assignees who in essence, have not iompleted probatidri in the assignment, and inasmuch as no appeal rights are provided pursuant to S3304(b) as to said individuals, there is no "due prod"s", to waive. Said ilaiver shall be signed prior to assignment of an effected employee to a special assignment'
4. ine ,rairer to be signed by each affected employee is attached hereto as Addendum A and incorporated herein by reference as though set forth in full.
Additionatty, the Association further agrees that if either the Association or any unit memuur challenges the legality of the probationary period, the above riip"nJr in"ff immed-iately terriinaie without the necessity of requiring a meet and confer Process.
1:'
c
Article 11 - Overtime
A. Prior Authorization. All overtime.requests must have prior written ffiervisorpriortothecommencementofsuchovertime
work. Where prior written auihorization is not feasible, explicit verbal authorization must be ootaineo as soon thereafter as pract'tcable. Dispatched callsbeyondtheendofdutytimeareconsjderedasauthorized.--An erirployee,s failure to bOtain prior written approval, or explicit verbal authorizaiion followed by written authorization, will result in the denial of the overtime request.
Employees are cautioned not to spend excessive amounts of time at their work staiion beforeor after their noimal work period. This incidental time will not be compenr"t"Jin ,ny manner whatsoever unless prior authorization of a supervisor is obtained.
B. ilteipaia ["ar" fime. Eligibility for overtime pay shall be provided as follows:'i."-
iizpLn Emptoyees agsiolgd to the 3/12 plan shall receive. overtime FaV at-fme
"nO'
on"-n"f torltt nours worked over their normal assigned
shift orworkweek.
-'t0-
Fomatbd: BulleB and
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2. 4/10 Plan. Employees assigned to the 4/10 plan shall receive overtime pav at tinre and one-half for all hours worked over their normal assigned shift or forty (40) hours in a week.
3. 9/80 Plan. Employees assigned to the 9/80 plan shall receive overtime pay at the rate of time and one-half for all hours worked over their normal asiigned shift or eighty (80) hours in a fourteen (14) day work period.
4. 5/8 Flan. Employees assigned to the 5/8 plan shall receive overtime pay at tirne ano one-half for all hours woked over their normal assigned shift or forty (40) hours in a week.
Hours Workeci. "Hours worked" shall not include paid leave time such as sick lea\re€nd compensatory time off unless the employee is "called in" to work overtime; or is required or requested by supervision to wok beyond normal shift hours; or is subject to a required court appearance; or is scheduled to wok a third party contract assignment (i.e., Fair, high school events, etc.). ,,Hours worked" shall include vacation time subject to the following conditions:
1. An employee that is scheduled to be on vacation on the date of an "overtime shift' shall not be eligible to receive overtime pay as a result of woking the "overtime shift" when the employee was previously scheduled to work that same shift prior to taking the vacation.
2. Reversion to Vacation Time Not Counted as "Hours Worked-". lf the city oetermines that an employee(s) has abused the inclusion of vacation time as 'hours worked," a forty five (45) day meet and confer period between the City and the Association shall commence to resolve said abuse. lf, after the 45 day meet and confer period expires, the City determines that the identified abuse has not been resolved, vacation time shall no longer be counted "hours worked."
Compensatorvlime. Employees may accrue compensatory time in lieu of overtime pay as allowable under the FLSA as follows:
1. Accruai. For each hour of overtime worked' the employee may accrue cornpensatory time in lieu of overtime pay at the rate of one and one-half.
Sworn employees may accumulate up to four hundred eighty (480) hours of compensatory time in the calendar year.
2. Use as Paid Leave. All accrued compensatory time must be used in the form of paiO leave or cashed out in the calendar year in which it was -
earned. scheduling for use of compensatory time will be authorized by the department in t[e same as vacation as noted in Article 15 of this MOU and consistent with Department policy.
3. Cash out. Atl accrued compensatory time not used in the form of paid ifive rn-ust be cashed out in the year in which it was earned as follows:
a. An employee may receive payment for accumulated compensatory time in'conjunction with a regularly scheduled vacation leave of at least one week in duration that has been approved by the Department' b. Unused compensatory time on the books as of the first pay period in November shall be paiO to the employee by November 23rd of each calendar year. Said annual payment shall be by separate check, barring any change in tax or retirement laws or guidelines. ll
D
:
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4. 't5-b falls on a MondaY.
provide four personnel be on dutY,
a Sergeant.
Article 12 - Call-Back Allowance
Article 13 - Standby Court Allowance
Compensatory time earned after the first pay period in November may be carried over into the next calendar year'
oetectire on-calr. ln consideration of indlviduals in the Detective Bureau .ta ignment, Officers and Sergeants will be granted 7'5 n"r" Bf
"orpensaiory
time for each weekend of on-call assignment
;;.;J. Th;; cart aisitnment wiil be rotated on a weekly basis allowing "r"n ,"*0", assigned t5 the Bureau equal opportunity for the Friday """'iiiig
ihilgril,l6noay morning assignment Additionally' over the .
6rr"*i.-rinorioiy weexenos, tne 6n-""ito.t"ctive will receive an additional Z.S nours of compensatory iime in consideration of the extended weekend:
Martin Luther King's BirthdaY
Presidents DaY
Memorial DaY
Labor DaY
Thanksgiving weekend
Any weekend where any of the other observed holidays listed in Article E. employees shall be given first
Where third Pafi contract assignments
one (1) ofthose personnel shall beF
An employee who is called back to work after completing a regular work shift and having left City premises tf""f f O" to'pensated foi a minimum of four (4) hours or actuat hours worked, *#d;; " sreiier, at tne overtime rate. Traveltime shall not be considered hours *ott"O aid shall not be compensated in any'manner whatsoever; however, i^ il;';;iihat an emptoyee is away on vacation and is unexpectedly required toi"t'in to-O'ty' tne emptoyee shall be entitled to ;;t.bb ;"mpensation ior interrupied vacation and travel time' An employee not otherwise scheduled to work on a given day and who 's placed on "standby" or "on call" ;;G G;;ni to suopoeni or other lawful order' shall receive four (4) nours saL'y ai Straight time as-a^result of any time spent in such status in the A.M.
"nO
to,i id no"s-compensation for all time spent in such
status in the P.M. nn
"'prf'1t-""-o*i"10'uy
du!-maV use standbytime^fot his/her
own personal purposes, i'*iO"O' he/she can providl reasonable response time' At the time ,, ,"
""rn"5,
ii""#Fffi;" q"li have the option of accruing their
four (4) hour morning ,";i;;i;; [4i hour afternoon standbv time at straight time' up to a maximum "t
t*"i'ti-t"'ii);i iil;t'
';id
accrual mav be used onlv when
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the employee can take off without replacement. The City shall not be obligated to pay off said accrual at anY time.
lf the employee actualiy responds pursuant to subpoena or other lawful order during the first four (4) court hours in the A.M. and/or P.M., then the employee shall be paid the standby rate in the A.M. and/or P.M., or the overtime rate for actual hours worked in the A.M. and/or P.M., whichever is greater. Any response thereafter shall be compensated at the overtime rate in addition to the four (4) hours as the standby rate.
Article 14 - Sick Leave
A. Accrua! Rate. Employees shall accrue sick leave at the rate of eight (8) hours per month for each calendar month of service. such accrual shall take place on a monthly basis, beginning with the first month of employment. sick leave accrual shall be prorated for employees who begin or terminate their employment in the middle of a calendar month.
B. Deduition. Sick leave granted by the Cig and used by the employee shall be deducted from the employee's accrued sick leave balance. c. Accumulation. sick leave may be accumulated indefinitely as long as the employee works for the Ci$.
D. Accrua! Durinq Leave. Employees granted a leave of absence with pay or other approved leave with pay shall accrue sick leave as herein provided.
E. Accrua! After separation. sick leave shall not be accrued by any employee absent from duty after separation from City service or during a City authorized leave of absence without pay, or any other absence from duty not authorized by the City. The provisions of Civil Code Section 56.10 shall limit the information that an employee is required to provide.
F. phvsician's Certificate. lf management has reasonable grounds to believe tnat sict< leave is being abused, evidence in the form of a physician's certificate or otherwise, may be required as a prerequisite to receive sick leave pay to determine the adequacy of reasons for an employee's absence during a iime for which sick leave is requested. The employee shall have the right to choose the PhYsician.
G. persona! lliness or Disabilitv. An employee who has contracted or incurred a non-service connected illness or disability which renders him/her unable to perform the duties of his/her position will be eligible to receive paid sick leave provided that the employee complies with the utilization procedures specified in Section J of this Article. Leaves in conjunction with an employee's non- elective surgery shall not be considered as a negative reflection on the employee'sittendance record for purposes of performance evaluation or for the purposes outlined in Section J (4) below.
H. Bereavement Leave. sick leave may be granted for death involving membefs of the immediate family (for this purpose, members of the immediate family shall be defined as: spouse, domestic partners, mother, father, sister, brother, children, grandparents, grandchildren, mother-in-law, father-in-law) not exceeding one (t) week per occurrence. Evidence of family relationship I RESoLUTIoN No. 4t1422-45 -13-
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t.
may be required before such sick leave is granted' One week generally ,"1.t OttV t+0) hours; however, an employee assigned.to an alternative *ormJf inay iequire more than 40 hours to take one (1) week of .
O"i""ulr"nt ["ari. Ur" of bereavement leave shall not be factored as sick E"r" ,nOir Section J(4) below or for performance evaluation purposes' i-iriv iff"L". or Oiii,fiiliW. An employee will be eligible to use accrued sick i;,ffie calendaryearwhen there is a sickness or
disability involving a memU;r of nis/her immediate family' which requires the "rpr#";t
persjnal care and attendance' (For purposes of this section' iielffi; ot'tne immeOiate famity shall be defined as spouse' domestic p"i."i,
"niroren,
and p"r"nt o|. iarent-in-law.).Additionaltime may be granted Iiin" iir"i"iion ot tfre pofi""-Cni"t. Paid sick leave will be granted in such i".ir"""t provided that tne emptoygg goTP]i?s with the following utilization orocedures specified in i".tio'i J i'f this Article' Use of protected leave under 6ff;;;;ir-fficJJd sl"iii, zig (ara kin care teave), will not be considered as a negative reflection ;ffi; ;pi;iee's attendance records for purposes of ;;";;:;;"vatuations oifor puipoies outlined in section J (4) below' lriiitr"iion iro""arr". n6 emitoyee requesting paid sick leave in accordance with Sections C ipbrs6nar lllness orDisability) or Section H 6;;;;;;ffiii, o,. s".tiln r t'irrirv ltness or Disabirity) above, shall complv with the following:
1. Call-in Procedure. The employee shall personally make contact with the Watch Comm"no"r.
"ii""tit*o
tZl hours before the time specified'for the
beginning of tne wori-snn ot nisinlr absence from duty' ln cases in which the ill or disabled
"rprov""
i= physically unable to personally make
contact with tne wai,intomrln6"t, tne indivioual designated lo PIgYid" notification of tne aoseriJ tn'ri p"oon"lly make contact with the Watch Commander.
2. Basis for Absence. The employee or other individual providing notification to tn" tni"t"nio'i"'nO"t of the employee's -absence shall ;;;il;l-h" W"t", io""nder with the specific reason for the absence'
3. ["""""iuiriw n" lrproi"" *no nat cailed in sick for personal illness/disabititv tori",iiry'irrneis/disability shall be available at his/her residence tor tetepnJne li p"t"on"f
"ontact
from the Watch Commander
during the
".ptoy"";s-ar.6n"Jrnitt.
Exceptions to this requirement shall
be authorized to see[mio:,cai treatment or to obtain medication; however' if it becomes n"."t.,w ior. ihe emptoyee to leave his/her residence for either of these r.""toii fi;;;ai"i""'shall be required to- telephone the Watch Comm"no"tlo idul" "f"i"
he/she is going and the eslimated
time of return. e,ploy""t *ho have called in sick to care for an immediate famity mlm',oer who lives outside of the employee's. res.id.ence may go to tnat ramiiv niJmil"ll ry1o"-1ry-t-" render care provided that the Watch Comm"no"iit gi'"" an address and contact telephone number wnere tne employee cin be reached during work hours'
Review. An emptoveeil;;;;;;i" tn"n fortv (a0) hours of.sick leave in a ffi,*rcril;i;;;;;i o"Ln Jo*r"nted by a physician's certificate mav be subject to appear b"f.";;;;;;ooaro co'i'rprised of Police Department J
K.
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management personnel and an Association representative to discuss the basis ior the absences. Sick leave hours taken for bereavement shall not be counted for purposes of this subsection.
sick Leave Conversion.
@ 20 years of service with the City of La Verne who
separate or retire from the city for non disciplinary reasons may convert a portion of their sick leave balance to vacation leave on a 2:1 basis as ouflined in section 6 below, i.e., an employee with 19 years of service who has a current balance of 300 hours of sick leave would receive 150 hours of vacation.
2. gmptoyees who retire from the city with 21 years of service or more with the'Cityonaregularserviceretirement,mayconvertsickleaveto vacation leave 6n a 2:1 basis to a maximum of 500 at 25 years as outlined in section 6 below, i.e., an employee with 23 years of service who has a iurrent balance of 85O hours 6f sick leave would be eligible to receive 400 hours of vacation.)
3. nn L.pfo,"" with 20 or more years of service with the City that is retiring or has'submitted an application for retirement for an industrial disability Ltirement through pfis witt only be eligible for conversion above the 20 vl"ir"r"r if the ritirement is the direct result of a permanent disabling, i.lrry t."t illness) that occurred in the line of duty-, as a result of a sing.le "i:ai,tv
incident iluring the actual perf-ormance of law enforcement duties'
4. nn
"r'proy""
w1h 20 6'. more years of service that either has a retirement inriJo", not qualify under subsection 2 or 3; or separates from the city fornon-disciplinary-reasonswillbecappedatthe20-yearconversionlevel (275 hours).
5. hecognizing this conversion formula is provided to reduce use of sick ime,6otr pirties agree that during the next MOU negotiation process, the frogr"*'t iuccess ilill be evatuated to determine whether savings i"aiireO warrant an increase in the conversion rates'
6' conversion Table
Maximum # of Hours
Years of Service
15 16
17 18
19 20
21 22
23 24
25 that can be convirrted
300
350
400
450
500
550
600
700
800
900
1000
Conversion
150
175
200
225
250
275
300
350
400
450
500
7. Sick leave hours converted may not be reported to PERS for service credit.
RESOLUTIoN NO. .{€€422-45 15-
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Article 15 - HolidaYs
Due to the unique nature of work hours in the Police Department, the following policies will be observed:
A.
B. Non-shift EmPlovees.
@6'i-"yeeswhoare!g!assignedtopatrolunderthe3l12plan**"g*ded as "non-shift employees' for purposes of this article'..
2. lulfto-rlr"O XoliO.u=. Non-shift employees shall receive pay for their afiS,tdslrifs on the following ten (10) holidays on a straight-time basis:
1. New Year's DaY 6' Veterans DaY
2. Presidents Day 7 ' Thanksgiving Day . .
3. Memorial Day 8' Day after Tha.nksgiving
i. lndependenc-e Day 9' Day before Christmas
5. Labor DaY 10' Christmas DaY
3. We"["noi. ln the event that any of the above holidays falls on a sunday, the-M;.day following will be observed as the holiday. ln the event that a non_.nitt
"rployee
ii called in to work on a holiday, he/she shall receive pay for all hours worked at the rate of time and one-half'
4. irinsition fiom ton-stritt.to Strittstatus. When it is confirmed in ; assisned t9 shlft:!?!1sJ:j::
perioJ of three (3) months or longer, he/she will receive prorated holtday I"V puorrnt to dection A(2) of this Article in lieu of paid time off' Article 16 - Vacations
A.Accrual.LVPoAmembers,shallaccruepaidvacationleaveasprovidedbelow Accrualshallbeappo'tion"oonamonthlybasisandshallbeproratedfor ;;6t";r;no oi:ilin oi terminate their emptoyment in the middle of a month. -16-I REsoLUrloN No. 1814_43.
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Consecutive Years
of Service Hours Per.Year
0-4 1O4
Beginning of 5th 120
Beginning of 6th 128
Beginning of 7th 136
Beginning of 8th 144
Beginning of th 152
Beoinninq of 1oh 160
Beiinnin! of 11h 168
Beginning of 12h 176
Beginning of 13th 184
Beoinninq of 14h 192
Beiinnin! of 15th 200
g. vacatjon Cip. New employees hired and current employees who were not - pffi*s- oe memtieri before November 5, 2018, will have their vacation [or" "r6p"O
at 400 hours and will not be able to accrue past that amount' a. Employees suoiea io tt
" "rp
of 400 hours with at least 350 hours of accrued
vacation nours iritt'oe ellglori to cash out up to 40 hours of vacation if they meet the following:
i. Have Ueen-oenieo the use of vacation by the departmelt after suumitfiris'a-ir"riion-r"qr"st of no less than thirty-six (36) hours and no more ihan the equivalent of two (2) weeks;
ii. The ,"qritt ior,*ition (that has been denied) must have been suomitteo ii i""ri inirtv (io) oays in advance of the first day of the desired vacation date;
iii. Have noi pi"riourrv cashed out vacation hours pursuant to this cash out procedure for the same requested vacation leave (an employee may onrf iisn orir""ition hours pursuant to this cash out procedure once pei denied vacation request)'
b. Employee, "f".rii"O ""
a pofl"" recruit irainee prior to November 5, 2018' will be considered Lrir"nt LVpbA members and will not have their vacation caPPed at 400 hours'
c. schedulinq. scneouiiig-of employee vacation leave shall be at the discretion of the city with due *giiJi" in" rEquest of the emptoyees and work requirements of the CitY.
o. b'irinri Leavetener separ.atlon, .vacation leave shall not be granted to an employeeatte,s"p,ffiCityservice,duringaCityauthorizedleaveof absence without pry, oi"nV other ibsence not aut-horized by the City, or during the first six (6) months of employment'
E. Durinq Probation.
'v""5tioii f""ve shall not be granted to an employee during the first six (6) months
"iii;;pi;t"e's
Jriginarprdbationary period. However, on the
successful comptetion'o-t ri* [ol'rontn.
-oJ
service, the employee will.be credited
with vacation r""u" in"i*outi btnenrvise have been accrued during that period' F. Carry Over. LVpOA;;;;;s noi aftecteo by the cap shall take-annualvacation leave away t o, tn"iiloo ouii"t' ln the event that any carryover of accrued -17-
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vacation leave exceeding the amount received in a twenty-four (24) month period is desired, the employee m?y request and the City may grant ap.proval for such ""iry"rlr.
ft subn tairyov6r is'not grantgd, the-accrued vacation shall be converted to cisn and paid to the employee at his/her current hourly.rate. c. ;;;;i.d. 'vacagon-teav5 gianteo by the city and used by an employee shall be Effii-trom the employee's accrued vacation leave'
Article 17 - Uniform Allowance
Article 18 - Retirement
board.
B.
Eachemployeeshallreceiveauniformallowance,currentlyninehundred.dollars ($lilbH;t;;, *niir, i, p"v"ur" as part of the first regutar paycheck in November. io O"',iiigitit" for this Oen|ni empfoybe must work at least one day in the previous 12 months. Emptoyees *no'ulgintrterminate their employment in.the middle of a G;f";;;dnJotlrer tnan votu-ntary resignation shall have their uniform allowance ffi;"t"d. An.rar ,p*ara "oj"-rtr"ris
in ihe.uniform allowance will be based on the
median amounts ro|. ,*oin ci"s.iti"rtionr of the local survey agencies listed in Article 8 as of October 31"t of each year'
TheplanisadministeredbytheC-aIPERSBoard..TheCityandtheemployeesshall be subject to the rules and'regulations-g-overning retirement' premium cost' etc" as endorsed and accepted ov inE criFins Board,-except as otherwise noted herein.
A. Emolover Premium. Premium cost is fixed by the governing.board of PERS and is divided o"t*5"n th;
'it
ano emptoyee' The city t!1tLq'v anv and all
costs designateO as empfoyer'charges as set forth by the PERS governing t,
"New Members" shallbe to all of the set forth in
Public EmPloYees' Pension Reform Act of 20 12 (PEPRA), which include, but are not limited to the following:
1. EmPloYee contribution rate for'new members'as defined bY PEPRA iS At least 50% of the normal cost rate for that defined benefit Plan, rounded to the nearest quarter Percent or the current contribution rate of similarlY situated emPloYees' whichever is greater
2. ComPensation cap for "new members" as defined bY PEPRA (120o/o ol Contribution and Benefit Base).
3. Calculation of benefits based on base pay for "new members" as defined by PEPRA.
4. Three (3) year average final compensation for "new members" as defined bY PEPRA.
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5. Benefits will be determined in accordance with all of the applicable requirements of PEPRA.
6. lf PEPRA is partly or wholly overturned or modified by subsequent legislative or judicial actions, employees covered by Articlel8 - Section B. will be provided with benefits under Article 18 - Section C' to the greatest extent Permitted bY law.
Emp-lovee Premium for tndividuals hired after Januarv 1 . 2011 : Public Safetv PERS 3% @ 50.
1. lndi\riduab ftired after January 1,2011, will be responsible for paying the full amount of their employee contribution (9% of reported compensation).
2. lndividuals rehired after January 1,2011, who were separated as a result of a workforce reduction or eligible for reinstatement per City Personnel Rules and Regulations, will be considered individuals hired prior to January 1 , 2011 , as it relates to contribution amounts.
Effective with the pay period in January 2015, emPloYees will be contribution to PERS
E.
F.
G.
responsible for paying 9% of their employee
Credit for Unused Sick Leave. Effective July 1
for the credit for unused sick leave benefit under
999, the City will bear the cost
PERS.
the City will bear the
City will bear the
3d Level 1959 Survivor Benefit. Effective August 1988'
cosi tor the 3d Level 1959 Survivor benefit under PERS. 4th Leve! 1959 Survivor Benefit. Effective July 2009, the cost for the 4th Level 1959 Survivor benefit under PERS.
Article 19 - Medical and Denta! Plans
A. Medical Plans - Current LVPOA Members As Of Nove,mLel S. 2010: For current LVPOA members and those that were previously LVPOA members prior to November 5, 2018, the City shall provide, at its expense, a fully paid medical health maintenance organization (HMO) plan offered by the city and approved by the Association through the Employee Health and Safety iommittee ior all employees and their dependents. Employees shall also have the ability to choose from an optional plan and the city will agree to pay an amount not exceeding the cost of the Blue Cross HMO premium or its equivalent for the employee and his/her dependents.
1. At the time of hire, an employee shall choose a plan that best meets the needs of the emPloYee.
2. An open enrollmeni period will occur in May-June of each year (effective .tuly i ). Unless othenrvise required by law, only during this time may the employee change to another Plan.
3. emptoyees clasli1ed as a police recruit trainee prior to November.S, 2018, will be considered current LVPOA members for the purposes of City medical insurance contributions.
,:,
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For new
hired and current emPloYees become an member
after November 5, 2018, the Ci$ shall contribute up to the following amounts toward health insurance benefits with any additional costs being the responsibility of the emPloYee:
1. Employee OnlY = $600
2. Employee plus sPouse = $1,000
3. Employee Plus child = $800
4. Employee plus familY = $1,300
ulea[ai pians- netired emplovees: The C1y shallprovide monthly medical ffitired employees up to the following amounts:
. Those who retired between 10-1-84 and 9-1-90:
- Single $88.32
- Couple $181.06
- Family $247.30
. Those who retired between 9-2-90 and 12-31-99:
- Single $110.00
- Couple $225.00
- Family $247.30
The amount of city-paict contributions towards medical insurance for those who retired prior to i Z-St-SS shall be permanently fixed and will not be increased in conjunction with changes in monthly premium rates'.. . Tno=" who retiie after 1-1_00 will be provided with monthly medical insurance contributions in an amount of eighty-five percent (85%) of the ,ontnrv pr"rium of the least expensive HMO plan (for the retiree and covered O"p"nd"ntr). The amount of this City-paid monthly contribution toward meoicat insurance premiums for those retired after 1-1-00 shall not be peimanentty fixed and will increase in conjunction with changes in monthly br"ri6 raies. The city shall provide this benefit only to those retired lmptoyees and their dependents who meet conditions shown below. . inorb who retire after 1_1_05 will be provided with a monthly medical insurance contribution in an amount of 80% of the monthly premium of the i"rsi"rp"nsire HMO plan that the City provides to its active employees (for the retiree and covered dependents). The amount of this city-paid monthly contribution toward insurance premiums for those retired after 1-1-05 shall not o" p"r."n"ntly fixed and will increase in conjunction with changes in monthly p*i,.,i* rates. The city shall provide this benefit only to those retired employees and their dependents who:
1. ' H;d at least twenty (20) years of service with the city of La Verne.
2. if
"iigiUf"
for Medi6aie, hlve enrolled in and maintain Medical coinsurance oenJfits in which case the city shall provide a supplemental medical inrrr"n""planandcontribute80%ofsupplementalratesthatshallnotbe fixed but will not exceed the aforementioned contribution amounts'
3. Are not receiving disability retirement benefits through tft" lE-!q no. r have filed for industriil disabitity retirement benefits through the PERS with the following exception as determined by the City Manager:
:,
..:,:
C
B.
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a. the employee (without regard to years of service) suffered a permanenily disabling injury (not illness) in the line of duty as a result of a single, bn-duty intident during the actual performance of law enforcement duties; and
b. the employee has not declined an offer of a modified duty assignment; and
c. the employee's disabling injury that necessitates retirement specifiially excludes back injuries, psychological problems, heart disease, hypertension and stress trauma.
4. Obtain their m6dical insurance through the City. However, a retiree who chooses to purchase medical insurance from an independent source may receive direct payments from the city in the amounts specified abov_e. ln order to receive iuch direct payments, the retiree shall provide the C1y with an annual signed statement certifying that he/she has medical insurance covera-ge to cover the cost of catastrophic illness or injury for the retiree and dependents. said medical insurance payments shall be made on a quarterlY basis'
5. Upon death of the ietired employee, dependents will not be eligible for medical insurance through the City.
6. Beginning on January 1,2014, there shall be a cap of $300 on post. tvte'dicarimonthty medical insurance contributions Oylne lltV to retired employeeswhowerehiredpriortoJanuaryl,2014.TheCityshallnot contribute any amount toward the post Medicare monthly medical - - . insurance contributions for employees hired on or after January 1,2014' TheaforementionedcapisbasedonacurrentMedicaresupplement premium ($170 as of January 2014) and will be reevaluated upon renewal of this agreement.
. Those employees hired and current employees who become an LVPOA member after November 5, 2018, will not be eligible for city contributions . towaro retiree medical insurance. Employees classified as a police recruit ioin"" as of November 5, 2018, will be considered current LVPOA members for the purposes of city contributions toward retiree medical insurance.'o"nt"l'plin.
The city shall contribute to a group dental plan for the - -em-p6-yee anO eligible dependents in the form of an allocation of up to $44 per .ohtn. Such am6unt snitt ue applied toward premiums of a city group dental inrr1gn"" policy, or through a seli-insured plan that provides employees with poGnti"r rdr monetary beiefits equal to or exceeding the C1y allocation of $44 per month.
Article 20 - Training
D.
A. Required Traininq. where, as a condition for continued employment, the city rery-e"dance at a school or training establishment and where a fee is ;h;;da, ih" city shal pay such fees. An emptoyee shal suffer no toss of I RESoLUTIoN No. 18-cr_!5 -21
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wagesorbenefitsifattendanceduringworkinghoursisrequired.Booksand maierials purchased by the City will remain City property' instructor
Article 21 - Time Off to Employee Representatives
Article 22 - Education lncentive and Tuition Reimbursement TheCitywillallowamaximumofthree(3)Associationrepresentativestimeoff without loss of compent"ii*'oi O"nefiti wnen formally meeting and conferring with ;;;;;;t;ti";s ot t'ne citv;;;;tters within thescope of representation' said reoresentatives shall be tii*n iir" not to exceed twbnty-four (24) hours at the sole ;#;i.;;ith" city Manager to attend an annual seminar'
B.
c.
D.
E.
F
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A. Education lncentive Pav. The City shall pay education incentive for job retateO Oegrees for sworn personnel. The rate will be five percent (5%) of base monthly salary for an A.A./A.S. degree (or equivalent units) or lntermediate P.O.S.T. certificate; seven and one-half percent (7.5olo) of base monthly salary for a B.A./B.S. degree or Advanced P.O.S.T. certificate; and ten percent (10%) for B.A./B.S. degree and Advanced P.O.S.T. certificate.
Degree units must be with an institution recognized by P.O.S.T. for certificate purposes. These amounts are not cumulative.
B. Tuition Reimburcement. Non-probationary employees who have attained an Associates of Arts or Science degree from a community college or provide written documentation from an accredited college or university of enrollment with junior class standing or higher shall be eligible for tuition reimbursement for courses leading toward completion of a Bachelo/s degree in a fleld related to police science/administration, e.9., criminal justice, public administration, organizational management, etc. An employee pursuing a Maste/s degree in the aforementioned fields may petition for consideration for tuition reimbursement under this section. The City's Personnel Officer shall determine employee eligibility and eligibility of courses for tuition reimbursement, subject to review by the City Manager whose decision shall be final. Upon confirmation of eligibility and completion of courses with a grade of B or higher, the employee will be reimbursed for the cost of tuition and books up to $1,500 per calendar year. For purposes of determining what year an expense is charged to, the date the last class session was held will be used.
Article 23 - Firearms Qualification Program
Represented employees shall be provided a monthly benefit based on their level of firearm proficiency as follows:
. Designated Expert (395400) $125 per month
. Expert (380-394) $100 Per month
. Sharpshooter (356-379) $50 per month
Testing will be conducted t/vo times per year with the stipend to be adjusted according to employee's results and distributed prospectively commencing with the beginning of the next full pay period.
ln the event an officer eligible for the above proficiency pay is off on a work related injury for more than 30 consecutive days, the above proficiency pay shall be witnnetO from the 3lstcalendar day until at least the date of return from the leave of absence. Upon return from such leave in excess of 30 consecutive calendar days, the firearm proficiency bonus shall be prospectively reinstated as long as a proficiency test has not been missed. lf a test is missed, the proficiency bonus will be reinstated only after the employee completes a proficiency test at a compensable level of proficiencY.
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Article 24 - Gym Membership Reimbursement
Effective March 19, 2017, the City will provide a gym membership reimbursement to employees in an amount up to a total of $250 per year subject to the following conditions:
A. The gym membership reimbursement shall only be available for gym membershiPs.
B. Employees must provide proof of gym membership payment to receive the C.
D.
reimbursement.
submittals for reimbursement must be made during January and/or July of each year. Employees may submit for a full year of reimbursement in January provided that proof of prepayment obligations for the full year is sub.mitted.
Lmployees acknowledge that they are utilizing the gym for personal purposes only, during off-duty hours and not for any work related purpose, and must sign'a City-waiver ind release form releasing the City from liability associated with employees' activities at the gym.
Reimbuisement is only valid for gym membership payments from January 1, 2014 going forward, and not for membership payments prior to that date' E.
Article 25 - Bilingual PaY
The City will provide a monthly stipend of $100 for each represented employee that demon6trates his/her ability to fluently speak and understand Spanish or another language. The city and the Association will develop an appropriate proficiency erri, ii conjunction w1h the local university or high school to certify an individual's abilities.
With the exception of Spanish, the City reserves the right based on operational needs to determine which languages will be eligible for bilingual pay as well as certify the number of employees it deems necessary'
Article 26 - Workers ' Compensation lnsurance
The State workers'compensation laws and this MOU shall govern all aspects of duty related injuries, illnesses, and accidents.
n. ' ir*i=i",ir *. The City will provide the Association members workers' comPensation insurance.
B. lndustrial lniuries and Accidents
@y duty related injury or illness which requires
medicil treatment to the appropriate department supervisor as soon as PhYsicallY Possible.
i::
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c.
D.
2. Employees shall report any duty related injury or illness which does not requlre medical treatment to the appropriate department supervisor by the end of the workday on which the injury or illness occurred.
Accident Reportins. Employees shall report any accident that results in any injnry or property damage to the appropriate department supervisor as soon as physically possible.
ilteiiial Tr6a'tment. Any employee suffering from any duty related injury or illness whtch requires medical treatment shall immediately seek such treatment from a city designated physician or medical facility unless, prior to the injury or illness, the employee has filed a written notice with the City Managei/personnel Officer designating the name and address of a treating physician of his/her own choice.
Leive of Absence for lndustriat Disabilitv QualifiBtion. An employee suffenns a dury related injury or illness that disables that employee from the performlnce of regular job duties may request a leave of absence for industrial disability. Such request may be submitted in the form or a workers' compensation claim. Any dispute regarding such claim shall be resolved through the State Workers' Compensation Appeals Board process.
Comiensation. For any employee on leave of absence under the workers' compensation sections of the california Labor code, accumulated paid leave may be prorated to supplement such temporary disability compensation payments, provided that the total amount shall not exceed the regular gross salary of the emPloYee.
Usade of 4850 iinie. Usage of Labor Code S 4850 time off is intended to ;llo* a tem6rar',ly disabled peace officer to recover and rehabilitate from illness or injuries rendering the individual unable to perform the essential duties of thl job. Section 4850 time is not intended to provide a vacation to the affected employee. Therefore, without prior approval from the office_-of the chief of Police, an employee benefiting from Labor code s 4850 time off shall not travel more than four (4) hours driving time from his or her residence during days that would otherwise be scheduled work days. This limitation is not iniencied to prevent an employee from utilizing vacation while off on 4850 time.
E.
F
(r.
Article 27 -Leave of Absence
A. Request for Leave. Any employee who has successfully completed the ;ngffii probationary period may request a leave of absence for a period of time not to exceed one (1) Year.
B. Automatic Resiqnation. Employee use of leave of absence for a purpose other than tnat re+resteo shall be considered as an employee's automatic resignation from CitY service.
c. App-roval. The city shall have sole discretion in approving or disapproving i-ptoyee request for leave of absence or in granting any pay or benefits.
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Any paid leave of absence exceeding thirty (30) days must be approved by the City Council.
Article 28 - Long Term Disability and Life lnsurance
A. Lonq Term Disabilitv lnsurance. The City shall provide and fund a long term a'rsability (LTD) plan meeting the following criteria, as defined in the contract with the insurance company:
Waiting period 90 daYs
Benefit period to age 65
% of insured earnings 66 2l3o/o
Maximum benefit $5,000
B. Life lnsurance. The City shall also provide and fund a term life insurance pAtcy w1h a Ifty thousand dollar ($50,000) benefit and a fifty thousand dollar (SsO,OoO) accidental death and dismemberment benefit.
Article 29 - Grievance Procedures
A. Riqht of Aopeal. A grievance is an alleged violation of aspecific clause of this Memorandum of Understanding and other rules, regulations, or procedures of the City. An employee's exclusive recognized labor organization or the City may grieve an action or inaction pursuant to the procedures herein sPecified.
B. informal Grievance Procedure. The first attempt to settle a grievance will be @immediatesupervisor.lf,afterthisdiscussion,the
mattei has not been resolved, the employee shall have the right to discuss it with the supervisor's immediate superior. Every effort should be made to find a solution by informal means at the lowest level of supervision. lf the matter is not settled, ihe employee shall then have the right to file a formal appeal in writing to the department head within fifteen (15) days after receiving the decision of the supervisor.
C. iorma! Grievance Procedure. An employee filing a formal appeal shall do so in accordance with the following:
1. First Levet of Review. The appeal shall be presented inwriting to the ;mployeeb defrtme"t head that shall render a decision in writing to the emptoyee within flfteen (15) calendar days after receiving the appeal. lf the'employee does not agree with the decision or if no answer has been received within the time, [he employee may present a written appeal to the city Manager. should the employee fail to take action within fifteen (15) calLndar dlys after receiving the decision of his department head, or within the sime time period from the time the appeal was filed if no department head decision is rendered, the appeal shall be deemed to have been abandoned and terminated.
2. Gitv Manaqer Review. The city Manager or a designated representative snatt discuG'i[frrievance with the employee or a rcpresentative, if any, I nesouurtoN No. 18+l'-4s -26-
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D.
and with other appropriate persons. The City Manager may designate a fact-finding committee for advice concerning the appeal. The City Manager shall render a decision in writing to the employee within fifteen (15) cilendar days. lf the employee does not agree with the decision, the 6miloyee shall then have the right to file a formal appeal in writing to the city council within fifteen (15) calendar days after receiving the decision of the City Manager.
Appeal to thi Citv Council. On receipt of an appeal, the City Council may make srrch irNrestigations as it deems necessary. The City Council will degide whether or not to hear the appeal or to appoint a hearing officer or body. The employee may request that the appeal be considered at a public meeting or at a cioseO executive session. The City shall notify the employee requesting the hearing of the date, time, and place of the hearing. Unless incapacitated, the emptoyee making the appeal shall appear personally before the city council or hearing officer at the hearing.
Upon conclusion of any investigation or hearing, the city council shall cause its findings and recommendations to be prepared in writing and shall certify the same. such findings shall be countersigned and filed as a permanent record by the Cig Manager. Any member of the City Council may submit a minority oi supplemental report, which shall be part of the permanent record by the City Manager.
Article 30 - Jury Duty
Employees cal6d for jury duty shall notify the City of the call and if, in the opinion of the'city, the absence of the emptoyee would cause undue disruption of work programs, the city may direct the employee to request an exemption from jury duty. tim-e spent off th6 job while serving on jury duty shall be compensated at straight time. Att per diem ieimbursement paid by the court to the employee for time spent on jury duty shall be transferred to the CiW.
Article 31 - tnspection PrivilegeslPosting of Notices
A. Authorized agents of the Association shall have access to city premises during working hours for the purpose of adjusting disputes, investigating worfi-ng condilions and such other matters. Such access shall be restricted so as notlo interfere with normal conduct of City services, or with City safety or securitY standards.
B. Oesignated city bulletin boards shall be used for transmitting notices of Assoiiation meetings, elections, results of elections, and any other matters pertaining to Association business. ln all cases where such items are to be but on Ciiy bultetin boards, the City shall have the right to review and approve such materials.
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Article 32 - Safety and HealthlDrug Testing
A. Safetv Eouipment. The City will make provisions for the safety and health of city emptoyees during the hours of their employment. Protective devices, safety weaiing apparel, equipment, and facilities shall be provided by the City and shatt comply with requirements under applicable regulations and laws.
Employees shall utilize such safety and health devices, apparel, equipment' and facilities when needed.
B. Minimum Mannino. The Police chief will develop and implement a minimum staffing PolicY.
C. Non-Fraternization Policv. The C1y desires to avoid misunderstandings, complaints of favoritism, possible claims of sexual harassment, and other problems of supervision, security or employee morale that can potentially result from romantic or sexual relationships between supervisory employees and the employees they supervise. Accordingly, supervisors are prohibited from developing a romantic or sexual relationship with any subordinate employee in their chain of command. Employees who violate this policy will be subject to discipline up to and including termination of employment' Article 33 - Work by Management Personnel
It is agreed that management personnel will not perform work that is normally perfoimed by employees covered in this MOU. Management and/or supervisory personnel may perform any work required or directed in the event of an emergency Article 34 - Non-discrimination
Neither the employer nor the Association shall discriminate against any employee or applicant for employment because of race, color, creed, age, sex, sexual orientation, national origin, or union or nonunion activities.
Article 35 - Fair Labor Standards Act (FLSA) Requirements A. Exemotion. The City of La Veme has exercised its ability to take a statutory %ptionforswornpersonnel.Theworkperiodforsuchemployees
shall be determined by this Agreement.
B. iair Labor Standardi Act Eiempt EJnploveeg. Althougtt all classifications ffiVPOA bargaining unit; for purposes of the
FLSA, the city may designate specific positions exempt per Department of Laborguidelines. ine City snatt so inform said employees in writing and place a copy of said notice in the employee's personnel file' "t
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C. Clothes Chanqinq. Employees are not authorized to wear their uniforms or any part thereof that is distinguishable as such unless on duty. Each employee is provided with a locker for his/her own personal convenience. An employee may or may not utilize the locker for storage and changing purposes at his/her own discretion.
Nothing herein prevents an employee from wearing his/her uniform to and/or from his/her residence to wok as long as a non-police issue garment covers the badge and other insignia. Employees choosing to wear their uniforms covered to and/or from work should not wear their gun belt.
Time spent in changing clothes before or after a shift is not considered hours worked and is not compensable in any manner whatsoever.
D. Early Relief Policv. The practice of early shift relief shall be voluntary on behalf of each employee involved in the relief. The employee providing relief shall not have his/her compensable hours increased as a result of the early relief. "Paybacks" of early relief hours are the sole obligation of the two employees involved in the early relief. Any dispute is to be resolved by the involved employees, and under no circumstances will the department be obligated for any further compensation whatsoever to any of the involved employees. The department is not responsible in any manner for hours owed to employees by other employees that leave the employment of the City or are assigned to other duties.
E. Firearms Qualification. All members of the department are required to qualify and receive remedial training while on duty. Employees who choose to shoot at the range at times other than the required qualification dates will be considered on personal time. Such personal time is not counted as working time and is not compensable in any manner whatsoever.
F. Citv Vehicle Use. Employees who are provided with a City vehicle to travel to and from work shall not be compensated in any manner whaBoever for such travel time in the City vehicle.
G. Gvm Facilitv. The City provides a gym membership reimbursement for the use of a gym facility. Use of the gym facility is for personal use only during employees' off duty hours. Time spent by employees using the gym facility is not considered hours worked and will not be compensated in any manner.
H. Trainino Time. The current Ci$/Police Department training time salary and cost reimbursement policies shall be continued but, in no case, shall such remuneration be less than mandated by the FLSA.
l. New Fair Labor Standards Act Requlations. The City and Association agree that in the event the DOL issues new or revised interpretive regulations defining what are and what are not compensable hours of work, the City shall amend any affected provisions of this Memorandum of Understanding to comply with such regulations.
J. Reversion to Previous Practice. The Ci$ of La Verne and the Association acknowledge the following:
l-On February 19, 1985, the United States Supreme Court decided the of Garcia v San Antonio Metropolitan Transit Authority. The decision .:t.
":
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reversed National Leaoue of Cities v Userv (1976) 426 U'S' 833' and holds that the FLSA applies to local public agencies'
2. The effective date of tirb coverage of the FLSA was mandated as April 15' lg36.However,intheeffectthataffectedemployeesareheldexempt from the FLSA as a result of an administrative, legislative, or judicial decision,thentheCityshallreinstateanyandallpracticesper-theMoU datedJanuary3,lgs4whichhavebeenalteredasaresultofFLSA.
The city and Association agree that should.any subsequent changes to the FLSA occuitiirougfr litigation o1. ni* DOL regulationi during the effeclive perio.d of a rrrroU, L-""pt as
-otherwise provided in tnls utou, the parties will reopen the meet and confer process regarding the implementation of said subsequent changes to the extent tirat such changes are mandated by the FLSA' Article 36 - Savings Provision
lf any provision(s) of this MoU are held contrary to law, such provision(s) will not be Oeem6O valid and subsisting except to the extent permitted by law, but all other pr*iriont will continue in fu]l force and effect. lf any clause is invalidated' said clause shall be subject to the meet and confer process' Article 37 - Drug and Alcohol Abuse Policy
The city's Administrative Regulation No. 316 on Drug and Alcohol Testing' which providei for pre-employmentl reasonable suspicion, post-accident and random [estinjwirr bL apptiiaoie to a[ emptoyees covered by this Agreement.
Article 38 - DROP Program
AssociationagreestheDRoPprogramcanbemadeavailabletomemberswho retire with a regular service retirement.
Article 39 - Term of Memorandum of Understanding
This Memorandum of Understanding shall remain in full force and effect from July 19,?4fJ;2022, through and including June 30, 20232'
;,: |,
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DATED-
LA VERNE POLICE OFFICERS'ASSOC.
Association Representative
DATED-
CITY OF LA VERNE
Bv BY--Association Representative City Manager
Assistant le{he-City M anager
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RESOLUTION NO 2246
AREsoLUTIoNoFTHEcIwcoUNcILoFTHECITYoFLAVERNE'coUNTY
oTIosANGELES,STATEoFCALIFoRNIA,AUTHoRIZINGTHEExEcUTIoN
oTaTuIeuonANDUMoFUNDERSTANDINGBETWEENTHELAVERNEGITY
COUNCIL AND THE LA VERNE POLICE MIDDLE MANAGEMENT
ASSOCIATIoN (LVPMMA) THROUGH JUNE 30,2023
BE lT RESOLVED by the La Verne City Council as follows:
Section 1. The City Manager of the city of La Verne is hereby authorized.to execute a Memorandum o? Understanding between the City of La Verne and the.La Verne Police Middle Management Association, said memorandum of understanding being in the form attached hereto and made a part hereof by reference as though the same were set forth in full herein.
section 2. 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 oi JuJy,2022' ATTEST:
Lupe Gaeta Estrella, Assistant City Clerk
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
I hereby certify that the foregoing Resolution .No. 22-46 was duly and regularly ;;;pi;6 UV g'i, CitV Councit-of tlie City of La Verne at a meeting thereof held on the 18th day of Ju\y,2022, by the following vote:
Lupe Gaeta Estrella, Assistant City Clerk
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MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF LA VERNE
THE LA VERNE POLICE MIDDLE MANAGEMENT ASSOCIATION
Article 1 - Recognition
Article 2 - CitY Council APProval
13. The city of La Verne (hereinafter referred to as "city") has formally recognized the La Verne Police Middle Management Association (hereinafter referred to as "Association") as the representative for full-time City employees in the classifi cation of Police Lieutenant.
D
Article 3 - Management Rights
To the extent that the following are not inconsistent with specific MoU provisions and to the extent that the following are not within the scope of representation, the parties agree that the following constitute the rights of management:
\. Thjright to hire, promote, demote, suspend, discipline, or discharge any employee in accord with state and federal law'
Z. Deiermine the location of any new facilities, buildings, departments, divisions' or subdivisions thereof, and ihe relocation, sale, leasing, or closing of facilities, departments, divisions or subdivisions thereof'
3. Determine services to be rendered'
i. Determine the layout of buildings and equipment and materials to be used therein.
Determine the size and character and use of inventories' Determine financial policy, including accounting procedure' O"i"rrin" the staffing oiclassifications not represented by the Association.
Determine selection, or promotion of employees'
Determine the size and character of the work force'
Determine the allocation and assignment of work to employees except in tnose instances where the affected employee receives additional compensation as a result of performing a given assignment' Determine policy affecting the selection of new employees' Determine ine est"otist m.nt of quality and quantity standards and the judgment of quality and quantity of work required'
lmpose disciPline.
It is agreed that this Memorandum of Understanding (MOU) is of no force or effect untit rititied, approved and adopted by the City Council of the City of La Verne.
11. 12.
5. o.
7. 8.
9. 10.
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14. Determine control and use of City property, materials, and equipment'
15. Place work with outside firms.
16. Determine the kinds and numbers of personnel necessary'
17. Require employees, where necessary, to take in-service training courses during working hours.
18. Prescribe a uniform dress to be worn by designated employees' Any grievance arising out of or in any way connected with the existence or the tegali-ty of any of the ibove-described rights of management is not subject to the gri-erance procedure unless such grievance is otherwise grievable under another Article of this Agreement.
Article 4 - Association Rights
Article 5 - No Work Stoppage
The Association retains the right to engage in the meet and confer process with regard to all mafters relating to employment conditions and employer/employee reirtions including, but not imited to, wages, hours, and other terms and conditions of employment.
Employees covered by this Memorandum of Understanding and the Association agrie ihat there will be no strike, slow down, or any other work stoppage' Article 6 - Salary and Classification Plan
A. Salarv. A five-steP salary schedule with five percent (5%) difference between steps is hereby established. Each salary step is attainable after one (1) year of service from the date of the last
shows satisfactory job Progress.
salary step increase only if the emPloYee
Effective at the beginning of the first full
will provide members a base salary
-l ?jtil
pay period ol JulyM{@, the Ci$
increase equal to the projected JulY market median for Sergeant as of JJune of Los Angeles.
ln recognition of Sergeants being eligible tor 1Oo/oCo
15,W+M(354.5%).-' fne foc-aUlencies ihat *ill be surveyed for comparison purposes include the cities of Azuia, Baldwin Park, Chino, Claremont, Covina, Glendora, Monrovia, Montclair, Ontario, Pomona, Upland, West Covina, and the County ]t
education paY and to ensure suffi cient seParation of compensation between Sergeants and Lieutenants is maintained, a minim um of 15% plus $100 monthly variance will be kePt between top step Sergeant Plus Advanced POST and bachelors degree and top step Lieutenant. Each Year the CitY and Association will look at the factor to determine if adjustments are necessary' RESOLUTION NO.1€-eo22l0 -2-
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July 18, 2022, City Council Meeting
Page No. 187
After normal salary adjustments have been made, the compaction factor will be added to the top step of median market salary for Lieutenants' \A/hen salary adjustments are scheduled, the City will perform a market median analysis ior the Lieutenant top base salary and compare it with the top step Lieuienant with compaction. The formula to determine the adjusted base salary will be as follows:
Current Top Step Sergeant * 10o/o = X
X* 15o/o = Y
Y + $1,200 =-@9 Lieutenant w, Compaction
The adjusted compaction formula equates to the following utilizing current top step for Sergeant:
$1,200+
lstep 5 srgt.+loolo Ed.l [15olo Cmpctn.] [$1O0/mnth.] [Step 5 Lt'dCmpctn.] . ln order to recognize exceptional
achievements and contributions, emPloyees covered by this Resolution maY be granted an Exceptional Performance Award of up to five percent (5%) of base salary. Determination of whether an employee meets the standard will be made by the CitY Manager during an emPloyee's annual evaluation. An employee may not be the recipient of an ExcePtionaI Performance Award more frequently than once in a three (3) year Period. This award will be administered in accordance with Administrative Regulation No. 304.
ArticleT-SickLeave
C
A. ployees shall accrue sick leave atthe rate of eight (8) hours per month for each calendar month of service.
Sick leave granted by the City and used by the employee shall be deducted from the emPloYee's accrued sick leave balance.
Sick leave maY be accumulated indefinitely as long as the employee works for the City.
Employees granted leave with pay shall
ed.
te. Em
it
c
D
E
F
accrue slck leave as herein Provid
n. Sick leave shall not be accrued by any employee
absent from duty after seParation from City service or during absence without pay
. Evidence, in the form of a physician's certificate or red to determine the adequacy of reasons for anotherwise, maY be requi employee's absence during the time for which sick leave is requested. 's
RESOLUTION NO.{€-9022:40 -1-
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July 18, 2022, City Council Meeting
Page No. 188
G
H
L
a
An employee who has contracted or incurred
non-service connected illness or disabilitY, which renders him/her unable to perform the duties of his/her position, will be eligible to receive Paid sick leave.
Sick leave maY be granted for death involving
members of the immediate family (for this Purpose, members of the immediate family shall be defined as: spouse' mother, father, sister, brother, children, grandparents, mother-in-law, father-inJaw) not exceeding five (5) daYs Per occurrence. Evidence of family relationshiP may be required before such sick leave is granted. One week generally means fortY (40) hours; however, an employee assigned to an alternative workweek maY require more than 40 hours to take one (1) week of bereavement leave. Use of bereavement leave shall not be factored as sick leave under Section J(4) below or for performance evaluation Purposes.
An employee will be eligible to use accrued sickI
leave for uP to 80 hours in the calendar Year when there is a sickness or disability involving a member of his/her immediate familY, which requires the employee's personal care and attendance. (For purposes of this section, members of the immediate familY shall be defined as spouse, children, Pare or parent-inJaw.) Additional time may be granted at the discretion of the Police Chief.
An emploYee requesting paid sick leave in
nt
J re.
accordance with Sections G (Persona I lllness or Disability) or SectionH BereavemenUFamily Leave), or Section I (Family lllness or Disability) above'( shall comPlY with the following:
ally make contact with theThe employee shall person
Departm ent at least two (2) hours before the time specified for the beginning of the work shift of his/her absence from dutY. ln cases in which the ill or disabled emPloyee is PhYsicallY unable to personallY make contact with the Department, the individua I desig nated to provide notification of the absence shall personallY make contact with the Department.
The emPloYee or other individual Providing
notification to the DePartment of the emPloyee's absence shall Provide the Department with the sPecific reason for the absence. lf the absence is for illness or disabilitY of the emPloYee or a familY member, the sPecific natu re of the sickness or disability must be specified and logged bY the Department.
An emploYee who has called in sick for Personal3
illness/disabilitY for family illness/d isability shall be available at his/her residence for telePhone or Personal contact from the DePartment during the emploYee's asslg ned shift. ExcePtions to this requirement shall be authorized to seek medical treatment or to obtain medication.
1. EmploYees with 15 to 20 Years of service with the CitY of La Verne who separate or retire from the CitY for non disciPlinary reasons may convert a portion of their sick leave balance
1. 2
l-i
K.
a
I nesot-urloN No.1+es22l0 4-
to vacation leave on a 2: 1 basis as
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July 18, 2022, City Council Meeting
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2 3
4 ouflined in section 6 below, i.e., an employee with 19 years of service who has a current balance of 300 hours of sick leave would receive 150 hours of vacation.
Erptoy"". who retire from the City with 21 years of .service or more with the'Citi on a regular service retirement, may convert sick leave to vacation leave 6n a 3:1 basis to a maximum of 500 at 28 years as outlined in section 6 below, i.e., an employee with 25 years of service who has a "uir"r,t
U"f"n"" oi t tOO hours of iick leave would be eligible to receive 366 hours of vacation.)
nn emproyee with 20 6r more years of service-with the city that is retiring oi nas'iu6mitted an application for retirement for an industrial disabil'rty i"tii"rl.i t.ugh eEis wiil onty be el6ib6 for conversion above the 20 y""if"r"f it tn" ietirement is the direct result of a permanent disabling iniurv (not illness) that occurred in the line of duty, as a result of a single oi-at tv i""ioent iuring the actual performance.of law.enforcement duties. nn
"r'prov""
with 20 6r more yeais of service that either has a retirement in"t-o;i hot qualify under subsection 2 or 3; or separates from the city for non-disciplinary'reasons will be capped at 320 converted hours' ii"t*itn.t".Oi.S the restrictions above, employees who separate with .oi" in". zo y-ears of service who do not have the necessary hours to _
in"i""." tn"ir tonvertible hours on the 3:1 ratio will be eligible for the 2:1 iatio, however hours will be capped at 320 converted hours' 5 6
Maximum # of Hours
15-20 640
21 975
22 1050
23 1125
24 1200
25 1275
26 1350
27 1425
28 1500
7. Any sick leave hours converted, may not be reported to PE puiposes of adding service credit'
320
325
350
375
400
425
450
475
500
RS for
cle 8 - HolidaYs
Due to the unique nature of work hours in the Police Department' the following policies will be observed:
A. lrl
I Employees assigned to PatroI who are scheduled to work the plan are regarded as "shift emPloYees" for purposes of this article. oyees assigned to patrol that are temPorarilY
3t12
Empl
RESOLUTToN NO.lS-9e22-40 -5-
assigned to the 5/8 Plan
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July 18, 2022, City Council Meeting
Page No. 190
due to training or tight duty shall continue to be regarded as shift B
employees for purposes of this article.
2. noiiaiv pav. Shift employees and the Lieutenant assigned to the Detecttve Bureau shall receive eighty (80) hours of holiday pay per year at straight time on a prorated basis over twenty-four (24) pay periods d.uring the cllend at yeat. ln addition, a shift employee who works on a holiday (as descrineO- ln B-2 below) will receive pay for all hours worked at the iime and one-half rate. tn accordance with the limits set forth in Article 16 of this Agreement, all premium pay for'hours worked on a holiday must be receivedby the employee in the form of pay rather than compensatory time. ln consideration-of this benefit being provided to the Detective Bureau Lieutenant, individuals in that assignment will not be entitled to overtime as provided in Article 16 for any hours worked relative to their Detective Bureau assignment.
3. iransition from Shift-to Non:$hift Statqs' Wl", it is confirmed in assigned to non-shift status for a
perioJ of three (3) months or longer, he/she will cease to receive holiday pay on a prorated basis. As a non-shift employee, said employee will be eniiled to receive paid time off for authorized holidays.
Non-shift EmPlovees
@yeeswhoarenotassignedtopatrolunderthe3/12plan*"ffied as "non-shift employees" for purposes of this article' Z. Autno-rizeA notiaavs. trton-shift employees shall receive pay for their @followingten(10)holidaySonastraight-timebasis:1. Ilew Year's DaY 6' Veterans DaY
2. Presidents DaY 7 ' Thanksgiving
3.MemorialDayS.DayafterThanksgiving
a,. lndependenc'e Day 9. Day before christmas
5. Labor DaY 10' Christmas DaY
3. Weekends. in the event that any of the g.b.oYe holidays falls on a non- *"111!il.e. Saturday or Sunday),thg Chief will.have discretion to iO"ntity ini: ctoiest regular work day prior to or after as the observed noliday. ln the event inat a non-shift employee is called in to work on a noliday, he/she shall receive pay for all hours worked at the rate of time and one-half.
4. iransition from Non-shift.to Shitt.gtatus. When it is confirmed in writing that a assigned to shift status for a
period of tnree (C) months'otio-ng"t, he/she w-ill receive prorated holiday pay pursuantio dection A(2) of tnis Article in lieu of paid time off' Article 9 - Vacations
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Page No. 191
A Ttt All employees shall accrue Paid vacation leave as Provided below' following vacation shall accrue:
Hou ofof uous Service
6 8
10 12
14 or more
Accrual shall be apportioned on a monthlY basis and shall be Prorated for employees who begin or terminate their employment in the middle of a month.
1. During the emPloYee's first five (5) full consecutive years of emPloYment, the employee shall accrue one hundred twelve (1 12) hours of vacation leave per year.
Z. Setinning with the employee's sixth (6th)-full consecutive year of -
"r-pfoyr-"nt
and continuing through the fourteenth (14th) plus year' the 144
160
184
192
200
VB it
1 E
1 2
a
7)
ut. An
th f 1
at
*t rate
rh
r nt
C
tIl
3. New emPloYees hired and current emPloYees who were not Previously LVPOA members before November 5,2018, will have the same restrictions and Provisions as those detailed in the applicable LVPOA MOU.
Scheduling of emPloYee vacation leave shall be at the discretion of the City with due regard for the work requirements of the CitY' Vacation leave shall not be granted to an
n
D f
E
employee after seParation from CitY service, during a City authorized leave of absence without PaY, or any other absence not authorized bY the CitY.
Vacation leave used bY an employee shall be deducted from the employee's accrued vacation leave.
Employees granted a leave of absence
approved bY the City with PaY shall accrue vacation leave.
A permanent emploYee separated from CitY
service shall receive compensation for his/her total accrued vacation leave at the employee's then current salary rate.
employee who experiences unexpected fi nancial
obligations due to catastrop hic conditions such as familY medical expenses' death in the familY, etc., maY request authorizati on from the CitY Manager to "cash out" accumulated vacation hours provided, however, that the employee F
G.
H
I RESoLUTIoN No.ls-gozl4o -7-
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July 18, 2022, City Council Meeting
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shall retain an accumulated vacation balance of at least 80 hours (2 weeks).
Approval of such a request is subject to the sole discretion of the City t.
J
Manager.
Employees with a minimum of 500 hours of accumulated
sick leave may "cash out' up to fortY (40) hours of accumulated vacation on an annual basis provided that subsequent to the cash out, the emPloYee shall retain a minimum vacation accrual balance of 108 hours. Said vacation cash out shall be apProved on the condition that it is paid to the employee in conjunction with an aPProved vacation leave of at least one week in duration.
Employees age 50 or older are
eligible to make increased contributions above the applicable deferral amounts as follows: $5,500 for calendar Year 2006 and beyond. Employees who will reach the age of 50 during the calendar year may "cash out" the dollar equivalent of up to the additional contrib ution shown above of vacation hours each yea r and have the funds dePosited directly into deferred compensation.
However, the employee's total dePos it must be equivalent to the maximum deposit amount allowed by laws relating to Section 457 plans (without the added amount). The employee shall retai
of at least two weeks (80 hours).
n an accumulated vacation balance
EI
Article 10 -Work Schedules
employees may be scheduled to work five (5) eight (8) hour days in a workweek or an alternative schedule approved by the Chief of Police' ln order to enable employees assigned to the 3/12
plan to receive consistent base pay for eighty (80) hours per pay period, biweekly payroll time cards maY be adj usted to reflect eigh$ (80) hours even though the emPloYee maY have worked fewer or more hours during the regular work schedule. For examPle, an em ployee who worked a short week of thir$- six (36) hours and a long week of forty-eight (48) hours during a biweeklY PaY period wil I have his/her time card adjusted by the addition of four (4) hours for the first week and the deletion of eight (8) hours for the second week.
Similarly, an employee who works two consecutive short thirty-six (36) hour weeks in a biweekly time Period will have his/her time adjusted by the addition of four (4) hours for the first week and fou r (4) hours for the second week. c ill] ln the event that the Ci$ believes
that the continuation of the modified work schedules is not in the best interests of the City or the affected emPloYees, the modified work schedules will be abandoned and the Department will revert to the work schedules previously in effect upon provision of ninety (90) days written
A. Normal work week. The workweek for employees assigned to Patrol shall be the schedule commonly known as the 3/12 plan as approved by the Association and the city. Under the 3112 plan, employees will be scheduled to work a total of 80 hours in a biweekly pay period. Depending on assignment, -8-I nesolurloN No.1€4022:{6
notice to the other Pafi.
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July 18, 2022, City Council Meeting
Page No. 193
D k. ln order to accommodate the scheduling and completion of ongoing departm ental training, without incurring a substantial amount of overtime or imPacting the number of PersonneI on patro l, the City and the Association agree to esta blish a "Training Bank." This Bank will consist of aid but unworked hours. Based on the Patrol scheduling of 12-hour shifts inp E
a combination of 3 3-shift weeks and 1 4-shift week, each officer assigned to patrol will accumulate 48 hours of unworked time over the course of 26 pay periods. This "balance will be hacked and used to accommodate an equal number of training hours scheduled throughout the year
Hours worked in conj unction with training or
another assignment will be in accordance with the DePartment PolicY.
Article 1'l - Administrative Leave
Article 12 - Probationary Period
Employees covered by this Memorandum of Understanding shall be allowed to tat<J aimlnistrative leive at the discretion of their supervisor. Administrative leave ."p,uiu"oinrecognitionofthefactthatemployeescoveredbythisMoUare faced with demand! that require them to work overtime and odd hours without "OO-itL."i."rpensation.
Unlike vacation, these days/hours cannot be accrued
and no payoff shall occur at termination of employment'-e"gin;i;i, i"n uary 1 ,2020, Administrative Leave will be capped at 80 hours "nniilfy
(f,er caleniar yea4. Use of hours will not be restricted or limited per pay period 6ut must be approved by a supervisor'
A. All promotional appointments shall be tentative and subject to a probationary period of one (1) Year.
B. inelroUationlry-period may be extended by the City for a period not to exceed three (3) months.
c. oriing tn" prouitionary period, an employee will be evaluated at the end of six (6) months and twelve (12) months'
.
D. Orrini tn" probationary perioit, a promoted employee may be demoted back io-tne-previ'ous job hed witnout right of appeal.if the City deems.the emptoyee unfit br unsatisfactory f6r permanent appointment to the promoted position.
E. ir," piou"tion"ry period shall be regarded as. part of the testing process and stralibe utilized ior closely observing an employee's work, for securing the- most effective adjustmeni of a new 6mployee to a position and demotion of "n "mptoye"
whose performance does not meet the standards of work'
I RESoLUTIoN No.{e-sozzlq -9-
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Page No. 194
Article 13 - Uniform Allowance
Article 14-Automobile
Article 15 - Retirement
rwise noted herein.
Premium cost is fixed bY the governing board of PERS
and is divided between the City and emPloYee. The City shall PaY anY and all costs designated as em ployer charges as set forth by the PERS governing board.
Employees will be responsible for paying the full
amount of their emPloYee contribution (9% of reported comPensation).
July 1999, the CitY will bear the cost
Each employee in the classiflcation of Lieutenant who works a full calendar year sn"ff r".6ir" a uniform allowance, currently one thousand twenty dollars ($1,020) peryear,whichispayableaspartofthe.firstregularpaycheckinNovember..
Erdfo,""t wno retir6 from Ciiy service in the middle of a year shall have their ,nii"r, allowance prorated. Annual upward adjustments in the uniform allowance wiii Oe Uasea on the median amounts ior Lieutenants of the local survey agencies listed in Article 6.
At the discretion of the City Manager, individuals assigned the role of Administrative Lieutenant may be provided with the use of a city owned auiomoOite and fuet for business related purposes or a monthly automobile- - "f
fo*"ni" in an amount determined by the City Manager not to exceed $300 per month. ln no case shall a monthly auiomobile allowance exceed the equivalent .oii ot
"
city owned automobile, fuel, insurance, and. maintenance. when an inOiriJrif isirovided an auto allowance for using their own vehicle, they will be required to submit proof of insurance to the Personnel Office' Allemployeesshallbecoveredforretirementpurposesbythe-Public-E.mployees, il"tlr"r-"it svstem (pERS) gyo @50 full formula and section 20024.70 (one year tinat compeniation) in accordanc-e with the contractual agreement between the City and PERS.- in" CitV and employees covered by this Agreement shall be subject to the rules "na
Lgrl"tion. as'endorsed and accepted by the PERS Board' except as othe
A.
B.E
c.
D.
E.
for the credit for unused sick leave
cost for the Level 1959 Survivor benefit under PERS.
s
4th level 1959 Survivor Benefit'
Effective
benefit under PERS.
Effective August 1988, the City will bear the
Effective September 2005, the CitY will bear
rU
the cost for the
I RESoLUTIoN No.1+eo22l0 -10-
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Article 16 - Medical and Dental Plans
P m The City shall
provide a medical Plan approved bY the Association through the EmPloYee Health and Safety Committee for all employees and their dePendents.
Employees shall also have the ability to choose from an optional Plan and the City will agree to pay an amount not exceeding the cost of the Health Net HMO or its equivalent plan for each tier.
1. At the time of hire, an emPloYee shall choose a plan that best meets the needs of the emPloYee.
2. An oPen enrollment Period will occur in MaY-J une of each Year (effective July 1). Only during this time may the emPloYee change to another Plan.
For new
A.
I
employees hired and current employees who become an LVPOA member after November 5,2018,the CitY shall contribute uP to the following amounts toward health insurance benefits with any additional costs bein the respons ibility of the emPloYee:
loyee OnlY = $600
2. EmploYee Plus sPouse = $1,000
3. Employee Plus child $800
4. EmP loyee plus familY $1,300
The City shall provide monthlY medical
insurance conkibutions to retired emPloYees uP to the following amounts:
. Those who retired betwee
- Single $88.32
- Couple $181.06
n 10-1-84 and 9-1-90:
- Family $247.30
. Those who retired between 9-2-90 and 12-31-99:
- Single $1 10.00
- Couple $225.00
- Family $247.30
rn" aroi.,ni of city_paid contributions towards medical insurance for those ,irn" i"iiiJ'pii"i i6 iz_sr_ss shail be permanenty fixed and will not be ;;""t;a i; conjunction with changes in monthly.premium rates' . ii,".L *n" retiie after 1-1-00 will-be provided with monthly medical .
ir.ri"*" contributions in an amount of
"ignty+ir"
percent (85%) of the
;;;ilffi,",i;m of the teast eipensive H-Md phn (orthe retiree and covered 6;#;tti. ihe amount of this City-paid monthly,contribution toward medical insurance premlums for thoie retired after'l-1-00 shall not be ..-r-rnentrv fixed and will increase in conjunction with changes in monthly ##ffi';;ilJn" citv "n"rr
provide this benefit onlv to those retired
ffiffi;;il tneir OeienOents who meet the conditions shown below. :il;-.:;;ir" "tt"ti-r-os
will be provided with a monthlv medical .
in.ui"n"" contribution in an amount oi 80% of the monthly premium of the .. ffii;;;;;G Hrrao prrn pio,ided bv the citv to its active emplovees (for the fl
1. EmP
c
n
RESOLUTION NO.19-902240 -11-
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Page No. 196
retiree and covered dependents). The amount of this City-paid monthly contribution toward insurance premiums for those retired after 1-1-05 shall not be permanently fixed and will increase in conjunclion with changes in monthly premium rates. The City shall provide this benefit only to those retired employees and their dependents who:
1. 'h;d at least twenty (20) years of continuous service with the City of La Verne.
2. if eligible for Medicare, have enrolled in and maintain Medical coins-urance benefits in which case the city shall provide a supplemental medical insurance plan and conkibute 80% of supplemental rates not to exceed the aforementioned contribution amounts.
3. are not receiving disability retirement benefits through the PERS_ nor. have filed for industriil disabiliiy retirement benefits through the PERS w1h the following exception as determined by the City Manager:
a. the Lmployee (without regard to years of service) suffered permanenily disabling injury (not illness) in the line of duty as a result of a single, bn-duty incident during the actual performance of law enforce-ment dutiei or other injury as deemed appropriate by the City Manager or his designee; and
b. the eriployee has not declined an offer of a modified duty assignment; and
c. the employee's disabling injury that n"qs5sitales retirement specifiially excludes back injuries, psychological problems, heart disease, hypertension and stress trauma.
4. obtain their medicat insurance through the City. However, a retiree who choosestopurchasemedicalinsurancefromanindependentsourcemay be reimbursed by the city for their cost of such insurance not to exceed those amounts specified above. ln order to receive such direct payments, itre r"tiree shall provide the City with an annual signed. statement certiffing that he/she has medical insurance coverage to cover the cost of catastrophic illness or injury for the retiree and d.ependents. said medical insurance payments shall be made on a quarterly basis'
5. Upon Oeati.r of the retired employee, dependents will not be eligible for medical insurance through the City.
The city shall not provide any retiree medical insurance contributions for employees hired after November 5, 2018.
The City shall contribute towards a dental plan for the employee and elig ible dependents in the form of allocations of up to $33 per month applied towards premiums of a CitY group dental insurance PolicY D
RESO LUTION NO.49-9022:40 -12-
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July 18, 2022, City Council Meeting
Page No. 197
Article {7 - Overtime
calendar Year.
When there is an authorized overtime shift
available for Watch Commander duties, it is allowed for the credit of overtime before the four (4) hour mark. An examp le would be that Lieutenant A would be allowed to work anYwhe re from one (1) to three (3) hours of an overtime shift with the remaining hou rs being covered by Lieutenant B, with both being compe nsated for the hours each has worked' lf the City determines that an employee(s) has abused the intent of this section and/or there are other impacts, the authorization to "split" an overtime shift will be unilaterallY removed from the MOU.
When a Lieutenant is req uired to appear in court due
to subpoena or other lawful request, for less than four hours; and the request for appearance is not within two hours of the employee's regular start or end time, the individual wilI be provided with comPensatory time on an hour for hour basis.
. Members will receiveD
time and one half (1 /z) their hourlY rate for mandatory internal dePartment meetings and/or trainings theY are required to attend outside of their normal schedule. Authorization
by the Captain or Chief.
of overtime under this provision must be approved
Article 18 - Long Term Disability and Life lnsurance
A An employee in the classification of Police Lieutenant shall be credited for ,rtnor["i shift relief four (4) hours or more beyond the regularly scheduled work shift by receiving overtime pay.
1. Overtime must be authorized in advance by the City'
2. Overtime pay shall be provided at time and one-half' S. Or"rti." irvlti be autnoiized in accordance with the Department's relief policY.
+. bveriime may be accrued as compensatory time at time and one-half up to tnree hundied and twenty (320) hours' Employees will have the option oi O"ing compensated for cbmp time in either of the following methods:
a. An-employee may receive payment for accumulated compensalory-timein.conjunctionwitharegularlyscheduledvacationleaveofat least one week in duration that has been approved by the Department' b. Any accumulated time on the books as of the first pay period in November shall be paid to the employee by November 23rd of each a
c rt
A.
disability (LTD) Plan meeting the fol
with the insurance company:
1. Waiting Period
2. Benefit Period
The City shall Provide a long term
lowing criteria, as defined in the contract
90 days
to age 65
I RESoLUTIoN No.4€-ee22l0 -13-
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3. 4.
Percent of insured earnings
Maximum benefit
66213%
$5,000
rovide a term life insurance policy with a7) The City will also p fifty thousand dollar ($50,000) benefit and a fifty thousand dollar ($50,000) accidental death and dismemberment benefit.
Article 19 - Workers ' Compensation lnsurance
The City will provide workers compensation insurance. The State workers' compensation laws and this MOU shall govern all asPects of duty related injuries, illnesses, and accidents.
a
1. Employees shall report any duty related injury or illness which requires medical treatment to the appropriate dePartment supervrsor as soon as physically possible.
2. Employees shall rePo rt any duty related injury or illness which does not require medical treatme nt to the approPriate departme nt supervisor by the end oftheworkdayonwh ich the inJury or illness occurred.
Any emploYee suffering from any dutY related injury or
illness which requrres medical treatment shall immediately seek such treatment from a City designated physician or medical facili$.
D E[ An employee
E
n
A nof
B
c nt.
rrr
-14-
lt
suffering a duty related injury or illness that disables that employee from the performa nce of regular job duties maY request a leave of absence for industrial disabilitY. UPon acceptance of any claim, the emploYee maY be 6lranted a leave of absence' Such request maY be submitted in the form or a workers' compensation claim. AnY dtspute regarding such claim shall be resolved through the State Workers' Compens ation Appeals Board Process.
For any emploYee on leave of absence under the workers' compensation sections of the California Labor Code, accumulated paid leave may be prorated to suPPlement such tempora ry disability comPensation payments , provided that the total amount shalI not exceed the regular gross salary of the emPloYee.
Article 20 - Tuition Reimbursement
The city shall reimburse employees for the cost of tuition and books up to $1'700 p"itii"lt y"", *hen compleiing' job related professional improvement courses Stf"i"Jinr*g6 the California tiniversity system or an accredited private college institution, Provided that:
A.--'ih; ffiployee has obtained the prior approval of either his/her department head or the Personnel Officer.
B. ine emptoyee receives a minimum grade of "8" and submits proof thereof.
I RESoLUTIoN No.1€-eo22l0
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Article 21 - Bilingual PaY
The city will provide a monthly stipend of $75 for each represented. employee that demonstrates his/her ability to nr;ntty speak and understand spanish or another L.Jr"g;.'in" citv wiiiJeverop an airpiopriate proficiency e13.m in conjunction with tn"jo"ir university or high school to certify an individual's abilities.
WiththeexceptionofSpanish,theCityreserves.therightbasedonoperational n""0, to deteimine whilh languages will be eligible for bilingual pay as well as certify the number of employees it deems necessary'
Arlicle 22- Gym Membership Reimbursement
c.Thecourseworkisnotgenerallyarequirementtofulfilltheminimum educational qualifications of his/her position.
D.lntheeventt.hattherecipientindividual'semploymentwiththecityis terminated, for whatevei reason, within twelve (12) months of the receipt of tuition reimbursement, he/she shall be obligated to repay the am-ount received within the past twelve (12) months to the city in full at the time of separation' TheCitywillprovideagymmembershipreimbursementtoemployeesinanamount uo to a iotal 6t Szso pei'year subiect to the following conditions:
ni - in" gV, t"rd"t.f,ip reimbursement shall only be available for gym membershiPs.
B. Employees must provide proof of gym membership payment to receive the reimbursement.
C. Submittals for reimbursement must be made only during January and/or July oG".n v""r. gmpoyeli may submit for a fullyear of reimbursement in July ;;"rid;,i ih"i probt.ir pt"p"vhent obligations ior the full year is submitted' D. Erir"v"".
"ixnowtecige
ihit they are utilizing. the gym for personal purposes
""rrl,
oirii.g "ff
duty ho"urs and noi for any work related purp.ose'.and must. sign a City wair"t "nJ[f""i"
form releasing the City from liability associated
with employees' activities at the gym'
E. Reimbursement is oniy vafiO ior iym memUership payments ltqT U"V 1'2017 Fntfot*"td, and no[ for membership payments prior to that date' Article 23 - Substance Abuse Policy
TheCity'sAdministrativeRegulationNo.3l6onDrugandAlcoholTestingwhich piorio"" io. po_employment-drug testing, reasonable suspicion testing, po:t= ..
Il"io""i testing anci ,airuom oi,itestiniwill be amended to be applicable to all employees covered by this Agreement'
-15-I RESoLUTIoN No'1€-eezzlo
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Arlicle 24 - Jury DutY
Article 25 - Non-Fraternization
Articte 26 - Savings Provision
Arlicle 27 - Term of Memorandum of Understanding
Employees called for jury duty shall notify the City of the call' lf, in the oplnion of the City, th6 a-bsen'ce of the employee would result in undue disruption of worli programs, the City may refuse to grant the employee a paid leave of absence to serve on Jury duty.
irynere serious disruption would not occur, the C1y may permit the employee to .Lte to|,
"
period not to exceed ten (10) business days' The time spent otf tn" lob by ihe employee while actually serving on jury duty under.the. .rperi.ion bt the court shall be compensated for.on a straight time basis, tin'iiteO to the employee's normal workday schedule' All per diem reimbursement paid tne employee by the court shall be signed over to the - CiiV.-F"if rr" to irrovide veriiication of jury duty service or reimbursement of .o.lrt p"i Ai", tb tne City shall be cause for the City not to compensate the "mpiJyee
for iury duty. Any compensation p-aid to the, employee while on jury OrtV
"i"V
U" deOiaei from future earnings if the employee fails to provide court veiification or reimbursement of the court per diem' A.
i!
The City desires to avoid misunderstanding, complaints of favoritism, possible claims of sexual harassment, and other problems of supervision, security or , . . emolovee morale that can potentially result from romantic or sexual relatlonsnlps #iil;;-J;;i"ow "rprov""s "nd
th" emplovees thev supervise' .Ac::tJ'.l9.ly'
supervisors'are prohibited from developing a romantic or sexual relaflonsnlp wlln anv subordinate employee in their chain oi command' Employees who violate this iliufi;;;Gc[io Jisciprine, up to and inctuding termination of employment. tf anv Drovision(s) of this Mou are held contrary to law, such provision(s).will not be ilffi;;Iil;).li .roiirting except to the extent permitted by taw,.but.all other oiovisionswirr continue in ruit torc6 and effect. lf any clause is invalidated, said clause shall be subject to the meet and confer process' ThisMemorandumofUnderstandingshallremain.in.fullforceandeffectfromJuly ag,-2421w,through and including June 30, ?4p9'2023'
wt
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Article 28 - Conclusiveness of Memorandum of Understanding During the term of this MoU, neither party shall be compelled to engagein the meet ana c6nfer session with regard to matters within the scope of representation.
Nonetheless, and by mutuil agreement, the parties may convene the meet and. .ort"i pro""r. during the terniof this MOU. Accordingly, all wages_, hours,.and ierms jnO conditionJof employment shall remain in full force and effect for the term of this MOU.
DATED- DATED
CIry OF LAVERNELA VERNE POLICE MIDDLE.
MANAGEMENT ASSOCIATION
Association Representative
Association Representative
City Manager
Assistant te{he-City Manager
I RESoLUTIoN No.1s-ss2240 -17 -
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BE lT RESOLVED by the La Verne City Council as follows:
section 1. The city Manager of the city of La Verne is hereby authorized to execute a Memorandum oi Understanding between the C1y of La Verne and the La Verne City Employees'Association, said memorandum of understanding being in the form attached herbtoand made a part hereof by reference as though the same were set forth in full herein.
section 2. The class specification for senior Equipment Mechanic attached hereto and hereby incorporated herein, is adopted.
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.
RESOLUTION NO2247
A RESOLUTION OF THE CITY COUNCIL OF THE CIry OF LA VERNE, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING THE EXECUTION OF A
MEMORANDUM OF UNDERSTANDI NG BETWEEN THE LA VERNE CITY COUNCIL D THE LAVERNE CIry EMPLOYEES'
2023
ASSOCTATTON (LVCEA) THROUGH JUNE
30,
PASSED, APPROVED AND ADOPTED this {8s day ol July,2O22.
Mayor
ATTEST:
Lupe Gaeta Estrella, Assistant City Clerk
I hereby certifu that the foregoing Resolution No.2247 was duly and regularly adopted uVifr" 6itv Corncil of the ciiy oit-a Verne at a meeting thereof held on the 18th day of July, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lupe Gaeta Estrella, Assistant City Clerk
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PREAMBLE
This Memorandum of Understanding is entered into this 4gh-l-glh day of July, M+M, between the city of La verne (hereinafter referred to as city) and the La Veine-City Employees'Assbciates (LVCEA) (hereinafter referred to as Association)' Article 1 - Recognition
The City recognizes the Association as the exclusive employee organization for the following posilions or any other full-time (36 or 40 hour work week, as applicable) positioni which may Ue iOOeO comprising the miscellaneous employees and herein referred to as "employee(s)" or affected employee(s)":
Account Clerk I
Account Clerk ll
Account Clerk lll
Administrative Clek I
Administrative Clerk ll
Administrative Secretary
Auto Parts Technician
Communications Officer
Customer Service Representative I
Customer Service Representative ll
Community Services SPecialist
Equipment Mechanic I
Equipment Mechanic ll
Equipment OPerator
Equipment Service Worker
Fire Safety SPecialist
Heavy EquiPment Mechanic
lrrioation Soecialist
Maintenance Worker I
Maintenance Worker ll
Maintenance Worker lll
Maintenance Leadworker
Police Aide I
Police Aide ll
Police Clerk I
Police Clerk ll
Police Community Services Officer
Police Service Technician
Senior EquiPment Mechanic
Senior Police Aide
Water Production SYstem OPerator
Water System SPecialist
RESOLUTION NO. ?2 22-47 -1-
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Article 2 - CitY Council APProval
It is agreed that this Memorandum of Understanding is ofio force or effect until ratified and ,ppror"J Oy iesolution duly adopted Oy tne City Council of the City of La Verne.
Article 3 - Management Rights
All management rights and functions except those that are clearly and expressly limited in this Memorandum of Understanding shall remain vested exclusively in the CitV. ft is expressly recognized merely ?V YiV of illustration.an! n9t bV way of limitation that such rights and functions include, but are not limited to:
1. Manage the CitY.
2. Schedule woking hours.
3. Establish, modify, or change work schedules or standards'
4. lnstitute changes in procedures'
S. Direct the *ori. tor.", including the right to hire, promote, demote, transfer, suspend, discipline, or discharge any employee
6. Determine tne'tocaiion of any iew ficilities, buildings, departments, divisions' or subdivisions in"i"ot, and ine relocation, sale, leasing, or closing of facilities' departments, divisions or subdivisions thereof'
7. Determine services to be rendered'
S.Determinethelayoutofbuildingsandequipmentandmaterialstobeused '18.
19. 20.
therein.
betermine proc€sses, techniques, methods, and means of performing work' Determine the size, character and use of inventories'
Determine financial policy, including accounting procedure' Determine administrative organization of the system'
Determine selection, promotion, or transfer of employees' Determine the size and character of the work force'
Oetermine the allocation and assignment of work to employees' Determine policy affecting the selection of new employees' o"i"rrin" in"
"it"Uti=nml"nt
of quality and quantity standards and the
iudoment of quality and quantity of work required'
beiermine ad'miniitration of discipline.
O"i"*i"! control and use of City property, materials, and equipment'. s"n"out" work periods and deteimine the number and duration of work periods.
EitjOti.f', modify, eliminate or enforce rules and regulations' Place work with outside firms.
Determine the kinds and numbers of personnel necessary'
9. 10.
11. 12.
13. 14.
15. 16.
17. 21.
22. 23.
RESOLUTION NO. ??^2-47
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24. Determine the methods and means by which such operations are to be conducted.
25. Require employees, where necessary, to take in-service training courses during woking hours.
26. Deteinine duties to be included in any job classification'
27. Determine the necessity of overtime and the amount of overtime required.
28. Take any necessary aciion to carry out the mission of the City in cases of emergency.
29. Presc-ribe i uniform dress to be worn by designated employees' The exercise of the foregoing powers, rights, authority, duties and respo.nsibilities by tdcq/t th" ;option otiure-s,'regulations and practices in furtherance thereof, and in" u.,ibiirogment and discretioin in connection therewith, shall be lim1ed only by the specific and express terms of this contract, and then only to the extentsuch specinc ana express terms of this contract, and then only to the extent such specific and express terms are in conformance with law'
Exceptinemergencies,orwheretheCityisrequiredtomakechangesinits op"iitio.r O"Ciuse of ine requirements of law, whenever the exercise of nianagement's rights shall impact on employees of the bargaining unit, the City ,gi""ii" 1n""1 a-nd confer wiin represeniatives of the Association, upon request by tn? nssociation, regarding the impact of the exercise of such rights, unless the ."tt"i of tn" e*erc-ise of iuch rigirS ls provided for in this Memorandum of Understanding or in Personnel Rules and Salary Resolutions' Article 4 - Association Rights and Dues
The Association retains the right to engage in the meet and confer process and employer/emptoyee iJtationsTnduding, but not limited to, wages, hours and other terms and conditions of employment.
a. in" city shall deduct dues Lnd other premiums biweekly of each employee member anO remiito tne Association ior the duration of this Memorandum of Understanding such monies that employees authorize in wrlting the city to deduct.
B. The Association agrees to hold harmless and indemnify the City against any such claims, caus;s of action, or lawsuits arising from such deductions or transmittal of such deductions to the Association'
Article5-NoStrike
RESOLUTION NO. 12.2247
The city and Association agree that it is to their.mutual benefit to encourage resolution of differences thriugh negotiation. Therefore, during the term of this fr1emoranOum of Understandini, tniC1V agrees that it will not cause a lockout of "rpioy"".
and the Associatiori agrees inai it will not sanction or cause a strike, -3-
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slowdown, and stoppage of work or other job action. compliance with the request of other labor organizaiions is included within this prohibition' Article 6 - LaYoff Procedures
A. Prior to initiating layoff procedures, the city will notify Association leadership at least thirty (30)La6ndar days prior to pending layoffs' B. ln the event a reduction in the work force is necessary, the employee in the classification reduced with the least seniority shall be laid off first. Full-time' fermanent emptoyees shall be deemed to have seniority over part-time, hourly emploYees.
C.Forthepurposesofthissection,senioritywillbedefinedasthetotalof continuous fulp1me service in permaneni and probationary status with the City' Based on that, priority will be given as follows:
1. Total CitY service; and
2. Service within classification
D.Anyrepresentedemployeewhohasbeennotifiedoflayoffmayelecttoaccept the layoff o|.
"ro.ir"
u,irpdown rights. Represented employees, if qualified
andabletoworr,snattbe.autnorize-dtobumpintoanylowerratedclassification within the division and replace any employee who has less seniority' Emptoyees exeicising bump down _rights must do so within five (5) working day's aher receipt of notice of layoff' .
e. -mptoyees ounipeo oy r,ign"r s'eniority employees shall themselves have the option of exercising bump down rights'
F. No new
"1nprov""in"ll
be hired in- a classification for which a layoff has been effectuated to,
"
p"iioo oit*"tr" (12) months until all employees on layoff have been given tne oiiportunity to retuin to work. Such employees shall be rehired or reinstated to i[J poriti,in held at the time of separation and in reverse order ottn"i,rayottoroemotion.Suchrightofreinstatementmustbeexercised within twenty tzol oavs jrcr the ci! deposits its written notice of recall from fr,ott in tne U'nitdO Siates Mail addiessed to the employee's last known address. sucn mairing inatt oe by certified mail - return receipt requested.
G. For purposes of tnis e-rticte, empl6yees promoted out of this unit of - ,"prb.dnt"tion snarr, upon comitetion oi the probationary period.in their new position, lose all senioiity and bumping rights to their former positions.
Article 7 - Salary Rates and Step Advancements
A.SalarvStepAdvancement.Ngwlyhiredemployees'hiredata.salarystep ffiretion of the City Manager, remain inthe entry
level salaryst"p ioi on" (1) year before receiving a step increase pursuant to this Article. empiovees iirlri ,t a variable entrance rate shall be advised of iime perioos forsiet increases at the time of being interviewed by the appointing autnoriiioeioi" nir". Variabte entrance steps may be established if RESOLUTION NO. 212T47
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justified by recruitment needs through step 5 with the approval of the city hltanager.'rut step advancements shall be based upon a five (5) step salary icneO-ufe with a five percent (5%) difference between steps in salary_range' Within the salary range, all siep idvancements will be made on the first day of ine ctosest pay ferioO. Approval for advancement shall be based upon ..ii.fr"tow'*6ri< pertormince and completion of required length of service in the classification.
i.
-
Adrrn.".ent to Step 2 (or next) shall be contingent upon satisfactory comPletion of six months on SteP 1'
2. Advincement to Step 3 (or nextj shall be contingent upon completion of one (1) year of satisiactory work performance on step 2 (or second) step.
3. nordnt6m"nt to step 4 (or next)'step shall be contingent upon completion oione (1) year of saiisfactory work performance on step 3 (or third) step.
4. aorrn""rlnt to step 5 (or final) step shall be contingent upon_completion oi on" tf l year of saiisfattory w6rf performance on Step 4 (or fourth) step.
The time ,equire<i for step advancement shall be extended by qly ttlne spent on teave witnout pay that exceeds forty (40) hours in.any mont!' The City Manager m"v artnotird thl adjustment of saiary step or salary rate of-all:ill9Y:.:1"-^^^ ,ri,.,i"in salary equity within the system, to prevent undue hardship or untatrness or" io in" ,ppii""iio,i of any rule or policy, or to correct any payroll error' omission, or salary inequitY'- in" ,;"rv step plan, ai described on the attached salary schedule, shall prorio" , ,"rlrv ,lig" toilacn job ctassification covered in this Memorandum of Understanding.
d.'-ia-l a rv i iln ld m i n istratiqnlwork.P? rfqlm a nce Fya! uatipn' . -.- f the work shift on or before
every other ThursdaY.
z. wneh the normal pay aay falls during an employee's annual vacation - f""r", sucn emptdyel shlll receive J vacation advance on the last woking Jay piiot to suin annual vacation leave provided a written request is .r6iritteO to the Finance Officer at least five (5) working days in advance and the amount requested is less than the employee's regular.paycheck'
3. A work performance evaluation (WPE) shall be completed by the- employee's supervisor within ten (10) working Oays Orl91 !9-the-employee's step advance
"nnir"r."ry
dated f;r all.permanent employees in the City'
The evaluation shall include the following elements:
a. A written record to be reviewed and acknowledged in writing by the employee. t{oinange will be made after review and acknowledgement by the emPloYee.
b. A discussion'between the evaluator and the employee being evaluated on the content of the performance evaluation'
c. A provision wnereby an employee may submit a written response to any statement mad6 on the evlluation, which mustbe filed with the evaluation ano tonrvardeo, to the reviewing official. such response must beacknowledgedinwritingbythereviewingofficialandShallDecome an official part of the evaluation'
RESOLUTION NO. ?42T47
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lf the evaluation is competent or better, the employee will be granted the step advance. lf the employee receives an overall "Unsatisfactory" or "lmprovement Needed" WPE, the employee's step increase.will not begranted;provided,however,inadequateworkperformancehasbeen freiiousty dbcumented and the employee was given the_ opportunity to irpror" ferformance. A withheld step advancement will be granted foliowing'any subsequent review period of satisfactory work pertormince by the employee. The review period shall be no less than [nirty (go) and no more inan ninety (90) days. The length of.the review periird sriarr be estabtished with due consideration given to the employee's work history with the City'
in iases where no wpe is filed within the time frames established herein,theemployeewillcontacttheCityManagerorhisdesignee,and a WPE will be completed within three (3) working days' Step advances will be retroactive to the employee's anniversary date'
4. All step increases, promotions, demotions, or other changes in the emptoyee,ssatariessnalloccuratthebeginningoftheclos.estpayperiod' c. pavioii6rtormanc" ilan. To recognize employees that p.e.rform at a high -i@daprogrimforrepresentedpositionsscheduled
gi h;urs a weeX. Compensation ttirough this program will be separate from annual market adjustments.
D. Probationarv Period-ffii"tmentsshallbetentativeandsubjecttoaprobationary perlo<i'of twerve (iz) months, wh.ile promotional appointments shall be iubject to a six (6) month probationary period'
2. ine proUationary'perioO niay Oe extended by the C-i$ as a result of an "rpioy""'.
unfavorable pe*ormance evaluation' City may ex91d
pro'uation for up to two three-month intervals, not to exceed eighteen months of total Probation.
3. During the prou'aiionarv period, an employee will.be evaluated at the end of thr6e (3) months, sii (6) months, and twelve (12) months' .
4. Ouring tne'probationary period, a newly hired employee may be..
Jircnirg"d'by the city witnout right of appeat if the city deems the ".pfoy6"
uniit or unsatisfactory for permanent appointment'
5. Oriindtn" proOatlonary period, a promoted employee-mayte demoted back to tne previous job'n"ro without right of appeal, if the city deems the "rpfoy""
unfit or uniatisfactory for permanent appointment to the Promoted Position.
6. ine prooaiionary period shall be regarded as a part of the testing process and shall be utirl6O for closely observing an employee's work' for securing tne mosieffective ad]ustment oi a new employee to a position' and foriejecting ;n empfoyeethose performance does not meet the standards of wok.
E. Newciassifications. The city may establish new job classifications. ,-Emp-Loy"eSdes.,.,nstocompeteforiuchpositionswillbeevaluatedinthe RESOLUTION NO. 2?2747
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same manner as any candidate aspiring to receive appointment to the new position.
F. heciassltication is a permanent change of an existing position as a result of ;ffiGts in i6l frnction, duties, and/or respo-nsibilities assigned to the position. iian Empfoyee feels heishe is working out of classification, said employee or emptoyee representative may submit a written request to justify-a ieciasiigcatbn study to the iity Manager or his/her designee. The City fr4anager or nis/her iesignee sirall determine whether justification is sufficient for all reclassification studies.
l.TheCitymayreclassiffanyjobwithinthecityservlcetoaccommodate changed jobduties noi anticipated in the original classjficatio.n.
Z. Reclissifications shall not be used with the purpose of avoiding restrictions surrounding promotions and demotions'
3. nn lmptoyee whose jo-O'is reclassified and includes a higher rate of pay shall receive the salary step in the reclassified position's range that is higher but closest to the salary currently n:l.d 9V Such 9m0l9f-ef^'-,
4. Ai employee whose job is reclassified and includes a lower rate ot pay shall r6miin at the current level of pay until the new salary range equals or exceeds such current level.
5. The Association will be notified of any reclassification of filled positions withintheunitofrepresentationandshallbegiventheopportunityto discusssaidreclassificationwiththeCitypriortoimplementation. c. lctino aopointmenG. The c'lg may designate an employee to an acting -z:ffi-ctass'ncationdiiferentthanthatcurrentlyheldbythe^. emptoyi:e. the emptoyee shall receive a minimum of five percent (5%) above the'employee,s crrreni base monthly salary added to the employee's wages after ten (i0) consecutive working dlys of service in such acting capacity.
1. Service in an acting capacitylnait not continue beyond six (6) months except upon mutual agreement of all parties'
2. nn emptilyee having sierved in an acting capacity and subseque.ntly having'been appoinieo to the position shall establish a new anniversary date is the first day of permanent appointment to the position. f-r. promoiion is the perm'aneht appointment of an employee from one classificationtoanotherclassificationhavingahigherbasemonthly.s,alary. i.- n promoteO emftoyee shall receive a minimum of a five percent (5%) salary increase' provided' however, that no employee shall receive a salary that exceeds or deviates from the salary range and.steps estabtisned for the promotional classification. A promoted employee appointeo at othei inrn st"p 1 shall not receive another step increase for a minimum of one (1) Year.
2. A new step advanie olte shall be established and any promoted employee'shaff Ue suOject to a six (6) month probationary.period' An ".broire"
rejected during this time shall be reinstated to the job classification preuiousty'neE at the same salary level the employee had prior to the prbmotion.'A rejection pursuant to this section shall not be considered a demotion as defined in Section H'
RESOLUTION NO, ?4 22.47
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J
3. Nothing in this section shall be construed as limiting the city's right to aOverti-se a promotional position to any candidate desiring to apply' Any qualified employee may apply and will be evaluated in the same manner ,r
"ny
canAiOaie aspiring to ieceive appointment to the position' . .
Oemofio,i. The City may, wi'tn cause, demote an employee to a lower job classification.
i.- R Oemoted employee shall receive a minimum decrease in salary' "qririr"nt
to one it; salary step in the employee's cunent job
ctassification, provid'ed, nowever, that no employee shall receive a.salary which exceeds the maximum range level established for the lower job classification.
2.nnewanni,ersarydateshallbeestablishedforademotedemployeeas tne oay on wnicn ihe employee begins performing the duties of the lower job classification'
perionneinecoras. personnel records are confidential and access to Faffi;iffis oithe emptoyee shafl be.timited to the city Manager, lssistant to the City Manager, Department Head, or Division Manager' frpfoy"". current-ly empl6yed by the City and/or their representative' ;"ft;;i;J by the emplovee in wiiting. will be allowed to review the empioyee's personnel records during business hours'-
Embloy"Lt shall receive, upon his/ner request, a copy of any document pf r""O'in in"
"mptoyee,s
persbnnet file. Negative information may be purged
iro, p""onnel rbcorOs uion request of the employee and approval of the City Manager."'-i;prov"", and/or their representatives desiring to review such records sfratt niaX6 such request in atvance to the City Manager or the Assistant to the City Manager as aPProPriate
ii,iiiniJn"n""-woii"ilil ilJoirr. A classification of Maintenance Worker lll ilffistablished ata levelof ten percent(10%)
a-oove rtraintenance woii6, it. It employees become qualified' a minimum of t*;i, p;;ii.rni tn eacn oithe streeti Division, water/sewer Division, and Fairs oivislon shall be budgeted at the Maintenance woker lll level. All p.rotionar appointmensl; uaintenance worker lll shall be accomplished in accordancewiththecompetitiveselectionproceduresintheCity'sPersonnel R;6t;;d Regulations. Eligibility criteria to qualify for promotion to Maintenance Worker lll shall be as follows:
i.- fn"
"rproyee
must have successfully completed (received a "c'or better ' gird"ii*"is) ioo related three (3) unit cgllege-lev:I"-:!f-T^tl:lli"f 6e"n ire-adpi6ved by the Personnel officer' For employees hrreo aner iinrJrrr, i'sga, arl five (5) courses must be completed after employment ;iih t# city ot t-a verne. ine employee, wjth the approval of the Personnelofficer,maysubstituteoneltljob-relatedcertificationcourse, reqriting suOttaniiattyine same amount of .class time and study as a coliege ievel
"oro",
fot one (1) of the five. (5) college courses-. lf a.n
employee nas compteieJ tntd"ot more job related classes within the five v"Jtt i,ii"|. to emptoyment, only three additional classes are necessary to K.
RESOLUTION NO. ??^247
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L.
M
qualify for the bonus. ln these cases, if not enough job related classes are availabte, the city shall expand the scope of the classes on an as needed basis.
2. The employee must have an accumulated sick leave balance of at least 200 hours.- An employee who does not possess this minimum sick leave balance may apply for promotion if documentation from a physician is provided which establishes that the employee has been stricken with a chronic or catastrophic illness or injury which has rendered the employee totally incapacitated for intervals of at least four (4) consecutive w-ork days thereby preventing the accumulation of 200 hours of sick leave. sick teave utitized in conjunction with a job related injury or bereavement - during the past thre6 (3) years that has prevented the accumulation of 200 hours-of sick leave shali not adversely affect an employee's candidacy for promotion.
3. The employee's work performance evaluations for the past three (3) annual evajuation periods must contain ratings of "meets expectations" or better overall.
4. The employee shall not have tested positive for drugs for three (3) years.
5. Possession of a California Commercial driveis license'
6. Completion of a drug screen.
ienior pblice Aide prooram. A Senior Police Aide classification shall be ffi set at ten percent (10%) above the Police. Aide
tt r"nge. Eligibility criteiia to qualify for promotion to Senior Police Aide shall be as follows:
i. Successtul completion of three (3) years service as a full-time Police Aide ll; and
2. Attaining "above satisfactory" performance evaluations; and
3. The rec6mmendation of the Chief of Police that the Police Aide ll be promoted to Senior Police Aide.
Traihino iav for Communications gfficers. A Communications Officer' @unications Officer, shall be paid a salary
diffelential of five percent (5%) during the time he or she is serving as a trainer.
i.
Article 8 - Hours of Work
A.
B
work Shift. The normal work shift for Association represented employees lnffion-sist of a wokday of nine (9) hours, except for Communications Ofi""rr whose wokday tonsists of ten (10) hours and for Police Aides whose workday consists of tw6pe (12) hours. The partie-s agree to continue_ "rptor"iion
of a 3t12 shift for Communications Officers, provided the final sciredule is beneficial for City operations and not a financial burden.
Woif Weef. The normal w6*weef for Association represented employ.ees ;fiI co6sisi of four (4) consecutive nine (9) hour days totaling thirty-six (36) RESOLUTION NO. ??^'-47
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hours per week. Communications Officers shall be scheduled on the 4/10 Plan and Police Aides shall be scheduled on the 3/12 Plan'
C. iicepiions. Employees for whom the City deems a different schedule to be desirable or necessary shall work according to such other schedule.
O. nlsi Feiioas. Employees shall receive one_(1) rest period of not more than ihilty (30) rn,nutes, or iwo (2) rest periods of fifteen (15) minutes each during ifr" *J*iaV. The City shall determine the time and manner in which rest periods shall be taken.
ln lieu of the 3O-minute morning break, positions assigned to the ,iint"n"n"e facility typical break-schedule will consist of a 1S-minute morning break and a aS-minuie lunch. As a pilot program, the Ci$ will reevaluate the effectiveness of this schedule six months after implementation' E. Communications CenterStaffinq. . .
@eight(8) hourperiod of tim_eforeach day
of the workweek during wfricfr twolZ; Communications Officers will be deploYed.
2. potice oepartment will staff the communications centerwith a minimum of - (7) full-time communication officers. Both parties acknowledge that it is ini, potice Departments goal to staff the communication center twenty-four 1Z+; nours a day, seren 1Z; Oays a week, with two (2) Communication bfficers. However, that coverage will be at the chiefs discretion.
Article 9 - Fair Labor Standards Act (FLSA) Provisions
A. Exemot Emplovees. Although all classifications listed in this Memorandum of unde-Btandins are part of thJLVCEA bargaining unit, for purposes of the FLSA, the City will designate certain positions exempt per Department of Laboi guideliriei. fft" 6ity snatt so inform said employees in writing and place a copy-of said notice in the employee's personnel file' A. Worlip;rioO. The work period for ail employees within the.-bargaining group shallbeseven(7)daysinlength.Anexceptionis.theclassificationofWater production Sysiem Operator iitn a work period of fourteen (14) days in length' c. brertime. Rit emptoiees shall be compensated in accordance with the plor-s of Articie 10 of this Memorandum of Understanding. o. iraininq Schools. Non-mandatory attendance at training schools/facilities - th"t irp-r"*r th-performance of regular tasks and/or prepares for job advancement are not compensable ior hours in excess of the employee's normal work snift. Any time spent in excess of the normal work shift will not be counted as working time and is not compensable in.any manner whatsoever.
Time spent ln stuo-ying and other personal pursuits is not compensable hours of wort<, even tnouLn ine employee may be confined to campus twenty-four iZ+) nours a day. iravel tim6 to and from the training facility, for non- .rnOrtory training, outrside of an employee's normal work shif is not comPensable hours of work.
RESOLUTION NO. ?2. 22-47
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E. Emptovee Lockerc. Employees may be provided with a locker for their own person.at conrenience. An employee may or may not utilize the locker for itorage and changing purposes at his/her own discretion' Tiile spent in -nanging clothes before or after a shift, or during lunch, is not considered hours workldind is not compensable in any manner whatsoever.
Article 10 - Overtime
An employee shall be credited for authorized work before or after the normal regutaity ichedule workday by receiving overtime pay or c_ompensatory time off as miy Ue-requested by the employee and approved by the City' n 'EIlgtlrth"tir"ft*. Overtihe must be authorized in advance by the City except in cases of emergencY.
Ail overtime requestJmusi have the prior written authorization of a supervisor prior toihe commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. where verbal authorization is obtained, written authorization must be obtained as soon thereafter as practicable. Dispatched calls beyond the end of duty times are considered as authorized'-
Rn
"rnftoyee's
failure to obtain prior written approval, or explicit verbal authorizaiion followed by written authorization, will result in denial of the overtime request.
Employeesarecautionednottospendexcessiveamountsoftimeattheir workstation before or after their normal work period or during their meal breaks. Meal breaks should be taken away from the employee's workstation.
This incidental time will not be compensated in any manner whatsoever unless prior authorization of a supervisor is obtained'
e. haie. Emptoyees assign6d to a four (4) day, thirty-six (36) hour work week i6Iii Oe piovibed overtime pay at time and one-half for all hours worked over thirty-six (36) per week or nine (9) hours in a day''
Emprove6i assigned to a five (5) day, forty (40) hour work week shall be proriaiO 6vertime d'ay at time and 6ne-half for all hours woked over forty (40) hour per week, or eight (8) hours in a day.--
erirptoyees assig-ned'to a four (4) day, fg(y (40) hour workweek shall be provided overtime p=ay at time and one-naffi for all hours worked over forty (40) perweek, orten (10) hours in aday..-. ..'- e*pibv""s aisilned to a three (3) day, thirty-six (36) hour work.week shall be provided ov6rtime pay at time and one-half for all hours worked over thirty-six (36) hours per week, or twelve (12) hours in a day' Maintenanceemployeesshallbeprovidedoveffmepayatdoubletimefor all hours worked ouer sixteen (16) consecutive hours except in the event of a localdisaster'asdeclaredbytheCityCouncilorCityManager(i'e., earthquake, flood, fire, etc.).
C. Comiensaiorv fime. fmptoyees assigned to a four (4) day, thirty-six (36) ho.Jrworkweekmaychoosetobeprovidedcompensatorytimeoffinlieuof RESOLUTION NO. ??^^.47
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pay at time and one-half for all houl.s worked over thirty-six (36) hour per week, or nine (9) hours in a daY.
Employees'aisigned to a five (5) day, fofi (40) hour work week may choose to oe provioeo compensatory time off in lieu of pay at time- and one- r'"tr to|. all hours woked over forty (+o) nours per week, or eight (8) hours in a day.'Employees assigned to a four (4) day, forty (40) hour workweek may cnoosd to Oe provid]ed compensatory time off in lieu of pay at time and one- nrLt tor all hours worked over forty (40) per week, or ten (10) hours in a day' imptoyJes assigned to a three (3) day, thirty--six (36) hour work week.may .no'or" to Oe pr&iOed compensatory time off in lieu of pay at time and. one- n"ftior all hours woked over thirty-six (36) hours per week, or twelve (12) hours in a daY.
Employees may accrue up to two hundre! forty (240) hours of ror-p"hritow tim6, which must be used in the calendar year it was earned. unr5"J tir"',on the books as of the first pay period in May and the first pay p"rioO i"florember shall be paid to an employee based on their then current Irt" of p"y. Unused compensatory time on the books shall be paid at termination.
Unini"iiupt"O ff""l. ln the event an employee is not permitted to have an unfiteTrupted meal period, such employee shall be paid for actual interruptedD.
E.
Article 11 - Call-Back Allowance
time at the overtime rate
Hours Worked. For PurPoses of this Article, "hours worked" shall include any time on paid leave
RESOLUTION NO. 22W
Anemployeenotonstandbydutywhoiscalledbackafterworkingaregularshift oi *ori wLek and having left the city premises shall be compensated for a ,iniru* of two (2) houfu or for actuai hours woked, whichever is greater, at the overtime rate.
Article 12 - Standby Duty; Standby Court Allowance
A'StandbvDutv.Employeesassignedstandbydutyshallprovidereasonable ;as6nse ii6-to emergency caillback situations. During standby duty, the alsigneo emprovee snltt not le resJricted in movement and/or activities and may-etfectively use "standby" time for h.is /her own perconal-p.urposes' prorio"o nelsne can provio6 a reasonable response.time. tf the employee is unaoletoprovideareasonableresponsetocall-back,he/shemayberemoved fromstandbydutywithoutanyotherdisciplinaryrePercussions,exceptas otherwise pioviO6d by Association contract or applicable law' 8?85562=l+ e8e-€+
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1. Pavment for Actual Hourc Worked. An employee assigned to standby @ork shall be compensated for actual
hours worked at the overtime rate.
2. 6ompensation. An employee on standby duty shall be compensated for ffirrs per day at the rate of the employee's hourly pay rate for each daY on standbY assignment.
3. CiW V"ni"U. Onty in emiptoyee assigned standby duty shall be allowed i6Gre a-n appropriate City vehicle home for official use only'
4. lssignmeni. Standby Outy snatt be assigned one (1) week at a time to ffio emEtoyees on a rotating basis. The employee assigned is required to be available for call on a 24-hour basis'
S. Ciil-in proceOure. Normalry, an employee on standby duty will be called 6*"k by the@ Police Department or by a City supplied "beepe/'' .
6. AvailaLiliw ourino t_unctr. An employee assigned to standby duty shall ffing lunch or rest periods during the regular
worfi,rreek.
7. i"n"ori"" po"t"o. Standby workweek schedules shall be posted by the a;drffi"t at the;nd of each month and shall cover an eight-week period.
8. Eicnanqe of lssiqnments. Employees may exchange assigned @roval of the dePartment head'
StandUv Cburt Allowance. nh emptoyee.not otherwise scheduled to work on @edon..standby,,or''oncall''statuspurSuantto.;,fip;;;;1. "thei tawfit order for a work ietated case, shall receive two (2) nori. .rrrrv at straight time as a result of any time spent in such status in the A.nl. ano tvio (z) hours compensation for all time spent in such status in the p.M. An emptbyee on standby dug may use standby time for his/her own personal purpoies, provided he/she can provide a reasonable response time' ' At the'time it is eirned, the employee shall have the option of accruing their two (2) hour morning and/br two (2) hour afternoon standby time at straight i*", ,ip to a maximim of twenty-four (24) hours. said accrual may be used oni,'*n"n the employee can taie time off without replacement. The C1y shall noibe obligated to pay off said accrual at any time'
lf the eriployee bciuatty responds pursuant to subpoena oroth.er lawful orOerOurinj the first two (2) court hours in the A'M' and/or P'M" then the ;al"t;; s-hall be paid the standby rate in theA.M' and/or P'M', or the or.irtiri'" rate for actual hours worked in the A.M. and/or P.M., whichever is ;ai;i Any response thereafter shall be compensated at the overtime rate in aOOition to the two (2) hours at the standby rate'
Article 13 - Sick Leave
RESOLUTION NO. ?222'47
A. Accrual Rates. All employees shall accrue-sick leave at the rate of eight (8) ;;ift per-mo"th for each calendar month of service. Sick leave time shall """rrd
on a monthly basis, beginning with the first month of employment and 8+85562=r+ e8+0]+
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shall be prorated when an employee begins or terminates his/her employment in the middle of a month.
B. Accumulation. Sick leave may be accumulated indefinitely as long as the employee works for the Ci$.
C. Oedudtion. Sick leave granted by the City and used by an employee shall be deducted from the employee's accrued sick leave balance.
D. Accrua! DurinE Leave. Employees granted a leave of absenc,e with pay or other approved leave with pay shall accrue sick leave as otherwise regularly provided by this Memorandum of Understanding.
E. Accrual After Separation. Sick leave shall not be accrued by any employee aosent from duty after separation from city service, or during a city authorized leave of absence without pay, or any other absence from duty not authorized by the City.
F. Phvsician's Certificate. Evidence, in the form of a physician's certificate or otherwise, may be required to determine the adequacy of reasons for an employee's absence during a time for which sick leave is requested.
G. BereavemenUFamilv Leave. A separate bereavement leave benefit, not -hargeable to sick leave, is hereby established. Two (2) work days leave, the number of hours to conform to the employee's typical work day, shall be available to employees in the case of a death of a spouse, mother, father, sisters, brother, ch ildren, grandparents, grandchildren, mother-in-law or father- in-law. Evidence of family relationship may be required before such leave is granted.
ln addition to the separate bereavement leave benefit, an employee may utilize not to exceed three (3) sick leave days per occurrence for additional bereavement leave time.
An employee may utilize up to five (5) sick leave days per occurrence for family leave in the case of serious illness of any of the family members listed in this subsection.
H. Utilization Procedure. An employee requesting paid sick leave or bereavement leave shall comply with the following:
1. Catl-in Procedure. The employee shall personally make contact with fris/ftai supervisor at least two (2) hours before the time specified for the beginning of the work shift of his/her absence from duty. ln cases in which the ill or disabled employee is physically unable to personally make contact with the Supervisor, the individual designated to provide notification of the absence shall personally make contact with the available Supervisor.
2. Baiis for Absence. The employee or other individual providing notitication to the supervisor of the employee's absence shall provide the specific reason for the absence. lf the absence is for illness or disability of the employee or a family member, the specific nature of the sickness or disability must be specified and logged by the Supervisor.
3. Accessibilitv. An employee who has called in sick for personal illnesvdisab'tlity or family illness/disabili$ shall be available at his/her residence for telephone or personal contact from the supervisor during the RESOLUTION NO. ??^'-47
t' ."
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employee's assigned shift. Exceptions to this requirement shall be authorized to seek medical treatment or to obtain medication; however, if it becomes neoessary for the employee to leave his/her residence for either of these reasons, the employee shall be required to telephone the Supervisor to advise where he/she is going and the estimated time of return. Employees who have called in sick to care for an immediate family member who lives outside of the employee's residence to render care provided that the Supervisor is given an address and contact telephone number where the employee can be reached during work hours. The employee's supervisor shall not contact the employee more than twice during each work shift.
4. Review. An employee who uses more than 40 hours of sick leave in a fiscal year that has not been documented by a physician's certificate may be subject to appear before a review board comprised of Department management personnel and an Association representative to discuss the bases for the absences. Sick leave hours taken for bereavement shall not be counted for purposes of this section.
Pavment Uoon Seoaration.
t At termination of employment for other than disciplinary reasons' after fifteen (15) years of service, an employee shall be paid for accrued sick leave up to one (1) month's salary at the then current rate.
2. At the time of retirement the employee also has the option to convert unused sick leave to service credit as provided for under Article 17 E.
However, hours used between payout and application to service credit may not exceed employee's balance at time of retirement.
3. Use of sick leave will not be granted after an employee has submitted their letter of resignation, except for medical reasons supported by a doctor's written order. ln cases where an employee has given a notice more than two weeks in advance, this provision will apply to their final two weeks of employment.
Article 14 - Holidays
A. Authorized Holidavs. Employees shall receive the following ten (10) paid holidays on a straight time basis:
1. New Yea/s Day
2. Martin Luther King Day
3. Presidents Day
4. Memorial Day
5. lndependence Day 10. Floating Holiday**
11. Christmas DaY
* only represented positions assigned to the maintenance facility will receive the diy before Christmas off 9 (a). Alt other represented positions will receive a Floaiing Holiday 9(b). Floating Holiday 9(b) will be provided to be used RESOLUTION NO. ??^247
t.
6. Labor Day
7. Veterans Day
8. Thanksgiving
9. (a) Day before Christmas'
(b) Floating Holiday *
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between January and December of each calendar year it is earned or else it is forfeited. lt musi be utilized in a full day increment, there is no availability for cash out, and it cannot be carried over to the next calendar year. ** ln addition to Floating Holiday provided for in 9(b), one (1) Floating Holiday will be provided to all mLmbers to be used between January and December of each calendar year it is earned or else it is forfeited. Additional floating holiday must be utilized in a full day increment, there is no availability for cash out, and it cannot be carried over to the next calendar year'
B. Hours of Pav. Employees assigned to a thirty-six (36) hour workweek shall be p;id for-nine (9) hours per holiday. Employees assigned to a-forty (40) hour workweek (except communications officers) shall be paid for eight (8) hours per holiday. Communications Offlcers are regarded as "shift employees,' and shall receive 80 hours of holiday pay per year at straight time on a piorated basis over 24 pay periods during the calendar year. .Police Aides are also regarded as "shift employees' and shall receive 72 hours of holiday pay per year at straight time on a prorated basis over 24 pay periods duringtheialendar year. ln addition, a shift employee who works on a holiday will receive pay for all hours worked at the rate of time and one-half. All premium pay for hours worked on a holiday must be received by the employee in the form of pay rather than compensatory time. Shift employees are not eligible for Article 14 - Holidays, Section D in recognition of the above added compensation.
c. weekends. lf any holiday falls on a sunday, the Monday following will be oose,rveo as the holiday, or if it falls on a Friday or saturday, the Thursday preceding will be observed as the holiday.
D. bvertime. ln the event that a holiday falls on an employee's regularly IEneO-ufeO work day and the employee is required to wok, for all hours worked the employee shall receive pay at the overtime rate in addition to nine (9) hours of nbtiOay pay for employees assigned to a thirty-six (36) hour work week; or eight (B) hours of holiday pay for employees paid on a forty (40) hour work week basis.
E. Holidav schedulinq. At the discretion of the city, when the scheduled closure of city Hall occurs on a Thursday, that is not the actual holiday, or when the Christmas holiday schedule would cause City Hall to be closed for two (2) consecutive days, the city may seek volunteers to trade holiday time otf sb inat City Hall would remain open an additional day with a staffing of volunteers only, who would take a replacement holiday off' The above provision regaiding holiday closures occurring on a Thursday, that is not the ictual holidiy, wltibe evaiuated at the expiration of the MOU on December 31, 2016.
F.
Article 15 - Vacations
RESOLUTION NO. ??12-47 -16-
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A. Accruals. All employees shall accrue paid vacation leave as provided below %E]i6-n time shall accrue on a monthly basis and shall be prorated when an employee begins or terminates his/her employment in the middle of a month. 36-Hour Work Week
Consecutive Years
of Waaks Per Horrrs Par Yaar
2.4 2.6
2.8 3.0
3.2 3.4
3.6 3.8
4.0 4.2
4.4 4.6
4th
5th
6th
7th
gth
grh
1oth
1 1th
12th
13th
14th
of
of
of
of
of
of
of
of
of
of
of
0-3
Beginning
Beginning
Beginning
Beginning
Beginning
Beginning
Beginning
Beginning
Beginning
Beginning
Beginning
86.4 93.6
'100.8
108.0
115.2
122.4
129.6
136.8
144.0
151.2
158.4
165.6
40-Hour Work Week (EXCEPT Communications Officers)
Consecutive Years
of Service Weeks Per Year Hours PpJ Year
o-3 2.4 96
Beginning of 4th 2.6 1O4
aeilnnin! of srh 2.8 112
eeiinnin! otOth 3.0 12O
eeiinnln! ot z'h 3.2 128
aeilnnin! otath 3.4 136
-elinnln! ot S'h 3'6 144
aeiinnin! of tOth 3.8 152
-eiinnin! of t tth 4.0 160
Beiinnini of tzth 4.2 168
Adinnin! ot tsth 4.4 176
edinnln6 ot t+th 4.6 184
40-Hour Work Week (Communications Officers)
Consecutive Years
,,' a..:
B.
of Horrrs Yaar
0-4
Beginning of
Beginning of
Beginning of
Beginning of
Beginning of
RESOLUTI9N NO. ?2.2-47
5th
6th
7th
gth
gth
104
112
120
128
136
144
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Beginning of 10th 152
Beginning of 11th 160
Beginning of 12h 168
Beginning of 13th 176
Beginning of 14th 184
Beginning of 15th 192
C. Sc[eduli-ns. Scheduling of employee vacation leave shall be at the discretion ot tfre City with due regard to the wishes of the employee.
D. Durins Probation. Vacation leave shall not be granted or accrued to any emplof durinsThe first six (6) months of the employee's original pro'Oationary period. However, on the successful completion of the probationary period, the employee will be credited with vacation leave that would otherwise have been accrued.
E. Deduction. Vacation leave granted by the city and used by an employee InZit Oe OeOucted from the employee's accrued vacation leave. Vacation leave shall not be granted to any employee after separation from City service, or during a city authorized leave of absence without pay or any other leave of absence not authorized by the City'
F. carrv over. Vacation leave may be carried over from year to year, without limitation.
G. Accrual Durinq Leave. Employees granted a leave of absence with pay or other approved leave with pay shall accrue vacation leave' H. Accrual'Durins Hotidav. tn ihe event that a holiday recognized in this MoU @e'sscheduledvacationleave'thensuchholiday
shall not be considered as vacation leave.
l. Payment Upon Separation. An employee separated from City service shall ffi accrued vacation leave on the books at the
employee's then current salary rate.
J. Anhuil Casn Out. Association represented employees may "cash out" up to folty (40) houls of accumulated vacation on an annual basis provided:
1. 'Said employee's sick leave balance meets the minimums indicated below for each Year of service:
3 years - 250
4 years - 325
5 Years - 400
6 years - 475
7 years - 500
2. Following the cash out, the employee shall retain a vacation balancc ol72 hours or 80 hours (two weeks).
3. Cash out is paid in conjunction with a vacation leave of at least one week in duration that has been scheduled and approved by the department head at least 30 daYs in advance.
K. Vacation Cap. City will implement a vacation cap of 500 hours no.earlier than luner, ,o1z Employees with vacation accruals over 500 hours at the time in" i"d is initially dstdUtisneO will have those hours immediately valued at the employeescurrenthourlyrateandplacedinaseparateCityaccount'TheCity RESOLUTION NO. ?222-47 -18-
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will have up to three (3) years from the date the 500 hour vacation cap is established to budget and fund the previously valued hours into a 401(a) Plan whose records are kept by Lincoln. For example, an employee with 900 hours would have their 400 hours valued and placed into the City account. lf an employee separates from the City during this three year period, the City will fully fund the remaining dollars into the 401(a) Plan. After the cap is implemented, any vacation hours that an employee accrues over 500 hours will be valued at their then current hourly rate on a monthly basis and that amount will be placed into the 401(a) Plan.
Employees hired on or after the effective date of this MOU, February -'
2019,
shall have a vacation cap of400 hours.
A. Provision of Uniforms. The City shall provide uniforms to those employees in maintenance classifications. Upon termination, all uniforms shall be returned to the City or the cost of said uniforms shall be deducted from the termination check.
B. Altowance. All employees in the Police Department required to provide and wear uniforms shall receive the sum of six hundred dollars ($650) per year, payable as part of the first regular paycheck in December' All employees in the Fire Department required to provide and wear uniforms shall receive the sum of four hundred fifty dollars ($450) per year, payable as part of the first regular paycheck in December. Employees who begin or terminate their employment in the middle of a year shall have their uniform allowance prorated.
C. Wearinq of Uniform. The uniforms are only to be worn to and from work during working hourc. Any employee wearing a city uniform other than during those hours specified may be subject to disciplinary action' After six months of employment, employees in maintenance in the Public Works and Paks Departments shall be eligible for reimbursement of 100% of their out of pocket expenses for City approved work boots subject to a budget limit of $250 on an as needed basis as approved by the division manager. Reimbursement shall be made upon presentation by the employee of an itemized receipt to the division manager showing that work boots meeting the City standards have been purchased after reaching eligibility. All employees who are eligible to receive such reimbursement shall wear work boots that meet City standards atil times while on duty unless otherwise authorized in writing by the department head.
Article 17 - Retirement
All employees shall be covered for retirement purposes by the Public Employees' Retirement system (PERS) in accordance with the contractual agreements Article 15 - Uniforms
Work Boots.
classifications
RESOLUTION NO. ??12.47
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between the city and PERS. The plan is administered by the PERS Board. The City and employees shall be subject to the rules and regulations g-oy9r1i1O retiiement, dremium cost, etc., as endorsed and accepted by the PERS Board, except as otherwise noted herein:
A. 'Emplover premium. Premium cost is fixed by the governing board of PERS anO is OiviOeO Oetween the City and employee. The City shall pay the premium designated as emPloYer charges.
B.
"New Members" shall be subject to
Public Employees' Pension Reform
,,
all of the conditions set forth in the
Aclo12012 (PEPRA), which include,
The City will bear the cost for the Credit for
benefit allows for unused sick leave to be
the cost for the 1959
aa
C
but are not limited to the following:
1. Employee contribution rate for "new members" as defined by PEPRA is at teait Sbyo of the normal cost rate for that defined benefit plan, rounded to the nearest quarter percent or the current contribution rate of similarly situated employees, whichever is greater.
2. Compensation cap for "new members" as defined by PEPRA (120% ol Contribution and Benefit Base).
3. Calculation of benefits based on base pay for "new members" as defined by PEPRA.
4. Tirree (3) year average final compensation for "new members' as defined by PEPRA.
5. Benefits will be determined in accordance with all of the applicable requirements of PEPRA.
6. lf PEPRA is partly or wholly overturned or modified by subsequent legislative orjudiiial actions, employees covered by Article 18 - Section B. will be provided with benefits under Article 18 - Section C' to the greatest extent Permitted bY law.
Emp-lovee Premium for lndivldualg Hir.ed Aft.ef Jglv=.l. 2.01 1 i -- . - ividuals hired after July 1, 201 1, will be
@mount of their employee contribution (8o/o ot
reported comPensation).
Effective with the first pay period in January 2014, employees will be responsible for paying the full 8% of their member contribution to PERS.
D.
E.
Credit for Unused Sick Leave.
Unused Sick Leave benefit. This
converted to service credit at the rate of 0.004 years for each full daY of leave. 1959 Level lV Survivor Benefit. The City will bear
Level lV Survivor benefit.
Article 18 - Medica! and Dental Plans
F
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Medical Plan. For employees hired prior to the effective date of this MOU, eegruery
-Merch-Lg,
2019, the City shall provide, at its expense, a fully paid medical insurance plan approved by the Association through the Employee Health and Safety Committee for all employees and their dependents. For employees hired on or after the effective date of this MOU, F=ebrua+y---MglSh 18, 2019, the City shall provide the following medical insurance contribution amounts only, and employees shall be responsible to cover any medical insurance premium amounts over what the City provides:
Employee only: $600
Employee plus spouse: $1,000
Employee plus child: $800
Employee plus family: $1,300
Employees shall also have the ability to choose from an optional plan and the City will agree to pay an amount not exceeding the cost of the least expensive HMO premium for the employee and his/her dependents.
1. Ghoice of Plans. At the time of hire, an employee shall choose a plan that best meets the needs of the employee.
2. Open Enrollment. An open enrollment period will occur in May-June of each year (effective July 1). Only during this time may the employee change to another plan.
3. Elisibilitv for Medical lnsurance Contributions After Retirement. a. For employees hired prior to the effective date of this MOU, @, an employeewho retireswith a
pension under the Public Employees' Retirement System (PERS) for other than a wok/job related disability, shall be eligible to receive City-paid contributions towards group medical insurance premiums after retirement subject to the following criteria:
. Employees who retire before January 1, 1998, shall be eligible to receive up to $125 per month.
. Employees who retire on or after January 1 , 1998, shall be eligible to receive up to $225 per month.
This benefit will be paid until the employee's death or eligibility for Medicare benefits, whichever comes first. To be eligible for this benefit, an employee must have ten (10) years of continuous full-time service with the City of La Verne and a minimum of 500 hours of accumulated sick leave on the books at the time of retirement.
Unused vacation and/or compensatory time, at the time of retirement, may be used to supplement the employee's sick leave hours to meet the aforementioned requirement. The City's contribution shall be fixed at retirement. Any changes after retirement meriting additional costs shall be borne by the employee.
Employees who retire on or after January 1,2003 shall be eligible to receive medical insurance contributions in an amount that does not exceed 80% of the monthly amount of the least expensive HMO (for the retiree and covered dependents). The amount of the City's contribution shall not be fixed and will increase with changes in the rates that are RESOLUTION NO. ??'2-47
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available through the City provided plans.
This benefit will be paid until the employee's death or eligibility for Medicare, whichever comes first. For an employee to be eligible for this benefit, they must have twenty (20) years of continuous service with the City and a minimum of 500 hours of sick leave on the books at the time of retirement. For the purposes of this section, sick leave hours are for determining eligibility for benefit only and shall not be deducted from an individual's balance.
Due to the increase in years of service with the January 2004 Memorandum of Understanding, employees hircd before January 1, 2001 with ten (10) years of continuous service will be able to receive a lesser benefit of 60% of the monthly amount of the least expensive HMO (for the retiree and covered dependents). That amount of the City's contribution shall be increased by a maximum of $50 per year. The rate of increase will be determined by the annual change in plans provided by the City. Other than years of service requirement, all other eligibility requirements will be the same as stated in previous sections. b. For employees hired on or after the effective date of this MOU, fe$+uafy--UarcX1!!,2019, the City shall not provide any retiree medical insurance contributions.
B. Denta! Plan. The City shall contribute to a group dental plan for the employee and eligible dependents in the form of an allocation of up to $33 per month.
Article 19 - Long Term Disability and Life lnsurance
A. The City shall provide a long term disability (LTD) plan meeting the following criteria, as defined in the contract with the insurance company:
Waiting period 90 days
Benefit period to age 65
% of insured earnings 66 2l3o/o
Maximum benefit $7,000 Per month
Minimum benefit $100 Per month
B. The City will also provide a term life insurance policy with a fifty thousand dollar ($50,000) benefit and a twenty thousand dollar ($20,000) accidental death and dismemberment benefit. Association represented employees agree to pay $4 per month per employee towards the life insurance premium.
Article 20 - Training Schoo! Fee
Where as a condition for continued employment, the City or another governmental agency requires certificate maintenance or attendance at a school or training eitablishment and where a fee is charged, the City shall pay such fees. An employee attending such school shall suffer no loss of wages or benefits if attendance during work hours is required.
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Article 21 - Time Off to Emptoyee Representatives
The city shall allow (3) city employee representatives time off without loss of compensation or benefits when formally meeting and conferring with representatives of the City on matters within the scope of representation.
Association shall designate employee representatives that represent the three workplaces - City Hall, City Yard and Public Safety Facili$.
Article 22 - Tuition ReimbursemenUCertificate lncentive/Education lncentive A. Tuition Reimburcement. Employees interested in pursuing a job related course of study may be eligible to receive reimbursement of up to fifteen hundred dollars ($1,500) per calendar year for the cost of tuition, fees and books. Eligibility for reimbursement is contingent upon the following criteria:
1. The course is job related; or the employee is taking classes related to a certificate program or degree in business or public administration;
2. The employee has attained prior Personnel Officer approval to pursue the course and provides receipts for all reimbursable items;
3. The employee completes the course with a passing grade of at least a "C" or better; or a pass grade on non-letter graded courses.
4. Employees submitting for tuition reimbursement will not be eligible for the 1-114% incentive for twelve months following completed program and/or job related course.
ln the event an employee resigns from the City and has taken classes that are not directly job related but part of a certificate or degree program (as described in subsection 1, the employee will be required to reimburse the City any reimbursements paid during the previous 12 months'
B. Certificated Proqram lncentive. Employees who successfully complete a state or county recognized certificated program for job related coursies of value to the City in the employees job classification, but not a requirement of employment at the time the certification is received, shall receive one and one-quarter (1-1l4Yo) of base monthly salary for each certificate to a maximum of two and one-half percent (2-112%). should the requirements of employment change after the employee has obtained Certification lncentive, said incentive pay shall not be taken away from such previously qualified employees except as-stated in subsection D below. Certificates acquired through classes taken during working hours will not be eligible for this additional compensation. certificates attained prior to employment with the city, will only be eligible if the employee is required to renew said certificate(s) through retesting or continuing education hours or classes and the employee has received two satisfactory or above performance evaluations.
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c. Education/Performance lncentive. Employees who have obtained job retateO education and satisfy performance criteria specified below shall receive an additional five percent (5%) differential above base salary. To be eligible, an employee must satisfy the following criteria:
1. Except as provided in subsection 5 below, the employee must have successfully completed five (5) job related college level three (3) unit courses that have been pre-approved by the Personnel Officer.
2. The employee must have and maintain an accumulated sick leave balance of at least 200 hours. An employee whose sick leave balance falls below 200 hours shall not have his/her five percent (5%) salary differential removed until the beginning of the next fiscal year' Sick leave hours used for catastrophic illness or injury, which has rendered the employee, or immediate family member totally incapacitated, as documented by a physician's certificate shall be exempted from consideration for purposes of this article. Sick leave used in conjunction with a job related injury or bereavement during the past three (3) years which has prevented accumulation of 200 hours of sick leave shall not adversely affect an employee's eligibility for Education/Performance lncentive.
3. The employee's work performance evaluations for the past three annual evaluation periods must contain overall ratings of "meets expectations" or better.
4. The employee shall not have tested positive for drugs for three (3) years'
5. lf an employee hired after January 1, 1998, has completed three or more job related classes within the five years prior to employment, only three additional classes are necessary to qualify for the bonus. ln these cases, if not enough job related classes are available, the City will expand the scope ofthe classes on an as needed basis.
6. Courses that employees have submitted for tuition reimbursement under subsection A of this article will not be eligible for the 5olo incentive.
Employees in the classification of Maintenance Worker lll shall not be eligible to receive Education/Performance lncentive pay. The basis for this exclusion is that the compensatlon level for Maintenance worker lll constitutes an incentive and includes similar eligibility criteria.
Maintenance Worker Grade ll Certification. ln consideration of the reCgirement thawvatei Oivision personnel who work independently in the field are required to possess and retain a State of California Department of Health services Distribution Grade ll (D2) certificate, the city agrees Maintenance Workers assigned to the Water Division and Customer Service Representatiies with full-time status who wok independently in the fleld will be provided wilh a2.5o/o certificate bonus when they show proof of obtaining this certificate. ln consideration of this bonus, the abovementioned positions will not be entifled to other bonuses for the D1 0r D2 certificate. while the City, from time to time, rey offer classes that apply to continuing education nouis, it is the responsibility of the individual to take the necessary classes during non-work hours to maintain their certification'
D.
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Article 23 - Bilingual PaY
A $50 per month stipend will be granted for each represented employee in a classification the City deems to have direct, routine contact with the public, provided the incumbent can d-emonstrate his/her ability to fluently speak and understand Spanish or another language. The City and Association will develop an appropriate pioficiency exam in conjunction with the high school to certify the individual's abilities.
With the exception of Spanish, the city reserves the right based on operational needs to determine which languages will be eligible for bilingual pay as well as certify the number of employees it deems necessary'
ln the event a member who is receiving a stipend for the above proficiency pay is off wo111 for a period of longer than 30 consecutive days or is on modified duty that prohibits him/her from completing duties that allow for direct, routine public contact' ihe above proficiency pay shall bl withheld until the date of return to their regular assignment.
Article 24 - Workers ' Compensation lnsurance
It is reaffirmed as of July 1,2011, that the state workers' compensation laws and this MOU shall govern all aspects of duty related injuries, illnesses, and accidents regardless of pEctices that were used by the City or its employees prior to that time.
A. lndustrial lniuries and Accidents.
@rt any duty related injury or illness which requires
medicil treatment to the appropriate department supervisor as soon as physically possible.
or illness which does not2. Employees shall rePort anY duty related injury require medical treatment to the appropriate department supervisor by the end of the workdaY on which the injury or illness occurred.
B. Agcident RePortinq. Employees shall report any accident that results in any rnJury or property damage to the appropriate department supervisor as soon as physicallY possible.
suffering from any duty related injury orMedical Treatment. Any employee illness which requires medical treatment shall immediatelY seek such treatment from a designated or medical facilitY.
An employee
suffering a duty related that disables that employee from the performance of regular may request a leave of absence for industrial disabilitY. Such request may be submitted in the form or a wokers' RESOLUTION NO. 22.2247
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Article 25 - Leave of Absence
A. Request for Leave. Any employee who has successfully completed the ;rgffii probationa1, period may request a leave of absence for a period of time not to exceed one (1) Year.
B. Automatic Resionation. Employee use of leave of absence for a purpose ffi shall be considered as an employee's automatic
resignation from CitY service.
C. Ap#oval. The City shall have sole discretion in approving or disapproving Iiffi-1Oyee request for leave of absence or in granting any pay or benefiF. nny paib leave of'absence exceeding thirty (30) days must be approved by the CitY Council.
D. io6 Abandonment. An employee shall be deemed to have voluntarily resid;d their employment with the City if the employee is absent for four consecutive wo*bays without prior authorization and/or notification during their absence.
E.
Article 26 - DisciPline
Full authority for administering discipline for just cause, up to and including discharge, is retained bY the CitY.
RESOLUTION NO, 22.4.47
compensation claim. Any dispute regarding such claim shall be resolved through the State Workers' Compensation Appeals Board process' Comiensation. For any employee on leave of absence under the wokers' compensat'o{r sections of tne Catifornia Labor Code, accumulated paid leave may be prorated to supplement such temporary disability compensation paymenis, provided that the total amount shall not exceed the regular gross salary of the emPloYee.
Article 27 - Grievance Procedures
A. Riqht of Appea!. A grievance is an alleged violation of aspecific clause of trris tvte,rnoranoum of Understanding and other rules, regulations, or f rocedures of the city. An employee's exclusive recognized labor organization or the City may grievb an action or inaction pursuant to the Procedures herein sPecified.
B. iniormat Grievance proceaure. The first attempt to settle a gri.evance will be @diate supervisor. lf, afterthis discussion, the
matte-r has not been resolved, the employee shall have the right to discuss it with the ,rp"ri"-," immediate supeiior. Every effort shou.ld be.made to find a solution 6y intormaf means at the lowest levei of supervision. lf the matter is not setfled, ine emptoyee shall then have the right to file a formal appeal in t:
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C.
writing to the department head within fifteen (15) days after receiving the decision of the suPervisor.
Formal Grievance Procedure. An employee filing a formal appeal shall do so in accordance with the following:
1. Firct Level of Review. The appeal shall be presented in writing to the employ$a department head that shall render a decision in writing to the emptoyee within fifteen (15) calendar days after receiving the appeal' lf the'employee does not agree with the decision or if no answer has been received within the time, the employee may present a written appeal to the city Manager. should the employee fail to take action within fifteen (15) cal-endar diys after receiving the decision of his department head, or within the sdme time period from the time the appeal was filed if no department head decision is rendered' the appeal shall be deemed to have been abandoned and terminated.
2. citv Manaqer Review. The city Manager or a designated representative sn-att oiscuss tne grlevance with the employee or a representative, if any, and with other appropriate persons. The City Manager may designate a fact-finding committee for advice concerning the appeal. The City- -
Manager Jhall render a decision in writing to the employee within fifteen (15) cilendar days. lf the employee does not agree with the decision, the imptoyee shall then have the right to file a formal appeal in writing to the City Ciruncilwithin fifteen (15) calendar days after receiving the decision of the City Manager.
Appeal to th6 Citv Council. On receipt of an appeal, the City Council may @i it deems necessary. The City Counc_ilwill
decide whether or not to hear the appeal or to appoint a hearing officer or body. The employee may request that the appeal be considered at a public meeting or at a closed session. The city shall notify the employee requesting the hea'ring of the date, time and place of the hearing. Unless incapacitated, the emploiee making the appeal shall appear personally before the City Council or hearing officer at the hearing.
upon conclusion of any investigation or hearing., the city council shall c.ause its hndings and recomm-endations to be prepared in writing and shall certify the same. s'uch findings shall be countersigned and filed as a permanent record by the City trlanagdr. Any member of the City Council may submit a minority oi supplemental report, which shall be part of the permanent-record' .. it, Jlrb to the absence from the City, or illness or disability of a maiority o.f the city council, an employee would be deprived of a right of a hearing, and..in the event the employee were laid off, demoted, reduced or dismissed, the city frlrnrg"r rai 06t", action until the Council is able to function, unless the case U" ,ni*"tglrncy, in which event, the City Manager may suspend the employee until the Council is able to function'
Conduct of Grievance Procedure'
l jn..'t t',me lirn,ts speCifreO aOove may be extended to a definite date by muiual agreement of the employee and the appellate person or body' D.
E.
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2. The employee may be represented in preparing and presenting the appeal at any level of review.
Article 28 - Jury Duty
It shall be the general rule to excuse employees of the Ci$ from regular responsibilities of their positions no more than once each calendar year when called for jury duty. Employees called for jury duty, however, shall notify the City of the call. lf, in the opinion of the City, the absence of the employee for jury duty would result in undue disruption of work programs, the City may refuse to grant the employee paid jury duty leave for the purpose of obtalning an exemption or postponement from jury duty. Where serious disruption would not occur, the city shall permit the employee to serve. The time spent off the job by the employee while actually serving on jury duty under the supervision of the court shall be compensated for on a straight time basis, limited to the employee's normal workday schedule. All per diem reimbursement paid the employee by the court shall be signed over to the City. Failure to provide court verification of jury duty attendance oireimbursement of the court per diem to the City shall be cause for the City not to compensate the employee for jury duty. Any compensation paid to the employee while on jury duty may be deducted from future earnings if the employee fails to provide court verification or reimbursement of the court per diem' Article 29 - lnspection Privileges/Posting of Notices
A. Access to Premises. With City approval, authorized agents of the Association shall have access to city premises during working hours for the purpose of adjusting disputes, investigating working conditions and such other matters. Such acc,ess shall be restricted so as not to interfere with the normal conduct of City services, or with City safety or security standards.
B. Bulletin Boarb. City bulletin boards may be used for transmitting notices of Association meetings, elections, results of elections, and other matters pertaining to Association business. Posted notices shall not be obscene or befamatory nor shall they pertain to public issues that do not involve the City or its relations with City employees. All notices to be posted must be signed or initialed by an authorized representative of the LVCEA.
Article 30 - Safety and HealthlDrug Testing
A. Safetv Equipment. The City will make reasonable provisions for the safety and health of City employees during the hours of their employment. Protective devices, safety wearing apparel, equipment and facilities will be provided by the City and shall comply with requirements under applicable regulations or RESOLUTION NO. 22.2L9
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laws. Employees shall utilize such safety and health devices, apparel, equipment and facilities when needed.
B. Safetv Committee. The safety committee shall be reconvened at the duectiofr of the c ty Manager for the purpose of reviewing and recommending safety equipment, facilities and procedures.
C. oruq teitinq. The City's Administrative Regulation No. 316 on Drug and Alcohol Testing which provides for pre-employment drug testing, reasonable suspicion testing, post-accident testing and random drug testing, has been amended to be Lpplicable to all employees whose classifications include the operation of a motor vehicle in the course of their employment duties. The selection of names for random drug testing on a quarterly basis will be monitored by an LVCEA representative. The Association will be held harmless bythe city from any litigation or judgmenE that may result from the implementation of the drug testing policy.
Article 31 - Work by Management Personnel
It is agreed that management personnel will not routinely perform work that is normilty performed by employees covered in this Memorandum of Understanding except in'cases of bona fide emergency or regular training. ln no event shall Management personnel perform said work if such performance would result in econohic loss to a bargaining unit employee. However, in cases of emergency, Management and/or supervisory personnel may perform any work required or directed without violating this provision'
Article 32 - Non-discrimination
Neither the employer nor the Association shall discriminate against any employee orapplicant foiemployment because of race, color, creed, age, sex, national origin, or union or nonunion activities.
Article 33 - Savings Provision
lf any provision(s) of this MOU are held contrary to law, such provision(s) will not be Oeem6O vatid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect.
Article 34 - Term of Memorandum of Undenstanding
This Memorandum of Understanding shall remain in full force and effect from July 19,W+Mt through and including June 30, MM'
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within 60 davs of the council adoption of the Mou. bom parties will meet and confer reoardino Water Certification incentive pav'
No later than November 30. 2022 the Association and the Citv will initiate and enoaoe in neqotiations for a multi-vear successor aoreement.
Articte 35 - Conclusiveness of Memorandum of Understanding The parties acknowledge that during the negotiations that resulted in this MoU, each had the right and opportunity to make demands and proposals with respect to subjects within ihe scope of representation. The understandings arrived at after the exeicise of that right are set forth in this MOU and constitute the complete and total contract betweenlhe City and the Association with respect to wages, hours, and other terms and conditions of employment. Accordingly, all wages, hours, and terms and conditions of employment shall remain in full force and effect for the term of this MOU, provided, however, that the parties may, upon mutual agreement' renegotiate ahy part or provisions of this MOU during its term. All practices enjoyed by th-e employ6es at the present time, which are not included in, or specifically changed by or contradictory to this MOU are subject to meet and confer prior to implementing any proposed change.'Any priorbr eiisting Memoranda of Understanding between the parties regardlig matters within the scope of representation are hereby superseded and terminated in their entiretY.
Article 35 - Salaries
Salaries for the Association represented classifications shall be established as follows:
Account Clerk I 10% below Account Clerk ll
Account Clerk ll Market
Account Clerk lll 10% above Account Clerk ll
Administrative Clerk I 10% below Administrative Clerk ll Administrative Clerk ll Market
Administrative Secretary Market
Auto Parts Technician
- Same as Maintenance Worker I
Communications Officer Market
communitv Services officer 15% above Police Aide ll
Customer'service Representative I 10% below Customer Service Rep' ll Customer Service Representative ll -
Market
Community Services bpecialist Same % lncrease as CS Coord' iqripr"nfrr,r"chanicl' Market
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Equipment Mechanic ll 10% above Equipment Mechanic I
Equipment operator 10% above Maintenance worker ll
Equipment Sirvice Worker Same as Maintenance Worker ll
fiie bafety Specialist Market
Heavy equipment Mechanic same % as Equipment Mechanic
lrrioation'Soecialist I = 5 of Maintenance Worker !!
_lvta'r'tenance Worker I 10% below Maintenance Worker ll Maintenance Worker ll Market
Maintenance Woker lll 10% above Maintenance Worker ll
Maintenance Leadworker 17.SYo above Maintenance Worker ll Police Aide I 10% below Police Aide ll
Police Aide ll Same as Police Clerk ll
Police Clerk I 10% below Police Clerk ll
police Clerk ll Market *
Police Community Services Officer
Police Service Technician
Senior Police Aide
Water Production Operator
Water Systems SPecialist
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2 = 5 ol Police Aide ll
Same as Communications Officer
10% above Police Aide ll
Market
Step 5 is equivalent to Water/
Sewer Maint. SuPervisor SteP 2
* Market or 5% above Administrative Clek ll
The local labor market is determined through compensation surveys of the following agencies: cities of Azusa, Baldwin Park, chino, _claremont, covina, Glendora, tr{lnrovia, Montclair, Ontario, Pomona, Rancho Cucamonga, San Dimas, Upland, west covina and for selected Police Department positions, the county of Los Angeles.
Effective with the first full pay period beginning July 2021202a the salary.ranges for Association represented claisifications will be adjusted to the median of the confirmed local labor maket as of JJune 19,w+M(see attached summary), based on a 36-hour work week where applicable, equivalent to the nearest one-half p"i."nt (.5%). Additionally, if a position;s median adjustment is reported to be I"g"tir", saliry will be heid at the current amount. To implement the_se adjustments to ine meOian of tf,e gO-norr workweek equivalent, salary ranges will be adjusted ;d;rJ to ninety percent (90%) of the median of the local labor market. Should the ;;i.t,"S -atary range for the classification exceed 90% of the median, the then currenisalary rangl for such classification will be maintained' DA
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LA VERNE CITY EMPLOYEES ASSOC. CITY OF LA VERNE
By
LVCEA Representative
By-
Bob Russi, ciiv rvriiEer
-
Bv
James Ranells, Asslgtant te+he-City Manager
By
LVCEA RePresentative
By
LVCEA President
RESOLUTION NO. ??n2-47
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CITY OF LA VERNE
City Manager's Office
DATE: July 18,2022
TO: Honorable Mayor and City Council
FROM: JR Ranells, Assistant City Manager
SUBJECT
Agenda Report
r
Resolution No.22-48 and No. 22-49 Adopting a salary chart for Full-Time and Part-Time Employees and Repealing Resolution No. 21-55 and No' 21- 56 as Well as Appropriating Applicable Funds from Measure LV Revenues
SUMMARY
The attached resolutions and salary tables reflect adjustments in compensation resulting from increases agreed to in negotiations with represented employee groups. Similarly, Middle Managem-ent and Executive Management employees are also being adjusted as directed by thi City Council. Hourly positions tied to full-time equivalent positions are being adjusted at this time as well.
RECOMMENDATION
Staff recommends the City Council adopt Resolution No.22-48 and Resolution No. 22-49, amending both fulltir" "nd
part-time salary tables as well as appropriate $490,000 from MeasurelV funds and $50,d00 to the Water/Sewer fund to support the respective increases.
BACKGROUND
Median market salary adjustments for applicable positions have traditionally been approved for represented employees annually with the exception of a multi-year period related to fiscal constraints. witn the passage of Measure LV in 2020, annual adjustments have been occurring again after successfully reaching agreement with the City's various bargaining grouPS.
The City reached agreements with three of the represented groups that included salary adjustments to the zozz market median effective the first full pay period of July 2022' The ciiy council directed median adjustments also take place for unrepresented employees to maintain competiveness with neighboring agencies' ln the aggregate' adjustments ,r"rrg" 4.2%overall and as noteO above, represent a catch up of being behind the irrro1inOing market. Relatedly, adjustments are being made in the part-time salary schedule for full-time equivalent hourly positions'
Lastly, pursuant to Measure LV and spending guidelines, the oversight committee has reviewed tne anticipaieo costs and approveo tne use of funds to support these increases' 249
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As such, this action also appropriates $490,000 from Measure LV funds and $50,000 from the water/sewer fund to support the respective increases.
Attachments: Resolution No. 22-48
Resolution No. 22-49
July 3, 2022 Full-Time Salary Chart
July 3, 2022 Part-Time Salary Chart
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RESOLUTION NO.2248
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA , couNTY oF LOS BE lT RESOLVED by the La Verne City Council as follows:
Section {. The salary chart for full-time employees, effective July 3, 2022, attached hereto a-i!-mZffi a part hereof by reference as though the same were set forth in full herein is hereby adopted.
Section 2. Resolution No. 21-55 is hereby repealed in its entirety. section 3. The City council hereby appropriates $490,000 from Measure LV to fund the applicaOte satary increases for positions budgeted to the General Fund. section 4. The city council hereby appropriates $50,000 from water/sewer funds for ttre appiiffiE'iffiiary increises related to positions budgeted in Water/Sewer Funds, 502 and 530 respectively.
Section 5. The City Council hereby authorizes the Finance Department to include the approprilfidfieasure LV ind Water/Sewer funds to the applicable accounts for each department's Fiscal Yeat 202212023 budget.
section 6. That the Mayor shall sign and the Assistant city clerk shall-certify to the passagffi-doption of this Resolution and thereupon the same shall take effect and be in force.