Agenda packet, second session — La Verne City Council, June 19, 2023 (part 2 of 4)

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INSURED : Arakelian Enterprises, Inc.

POLICY#:

RWD500042609
POLICY PERIOD :
03/01/2023
TO

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA 03/01/2024
WC 04 03 06
(Ed. 04-84)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule .

The additional premium for this endorsement shall be _2. % of the California workers' compensation premium otherwise due on such remunerat ion.

Schedule
Person or Organization Job Description
Where required by written agreement signed prior to loss . All California Operations .

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No.

Arakelian Enterprises, Inc.

RWD5000426-07
Insurance Company
XL Insurance America, Inc.

Countersigned By
Endorsement No. Insured
WC 04 03 06
(Ed. 04-84) Copyright 1984 Workers' Compensation Insurance Rating Bureau of California . All Rights Reserved.

Page 1 of 1 ends

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INSURED :

POLICY#:

Arakelian Enterprises , Inc.

EG6439324 POLICY PERIOD:
03 '
0112023 TO 0310112024
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED VENDORS ENDORSEMENT - PRIMARY AND NON,CONTRIBUTORY This endorsement modifies insurance provided under 1he followng:

COMMERCIAL GENERN. LIABILITY AND

POLLUTION LEGAL LIABILITY COVERAGE FORM

SCHEDULE
Name of Person(s) or Organization(s) (Vendor):

Blanket as required by 'M'itten contract.

Your Products:

All products of the Named Insured.

Solely as respects Coverages A, E-1, E-2 and E-3, if applicable, SECTION II - WHO IS AN INSURED is amended to include as an insured any person(s} or organization(s) (referred to herein as the "vendor"} show, in the Schedule above, but only wth respect to bodily injury, property damage, environmental damage, or emergency response costs arising out of your products shoW1 in the Schedule above v.hich are distributed or sold in the regular course of 1he vendor's business, subject to all of the terms and conditions of this Policy and the additional followng exclusions, terms and conditions:

1. The insurance afforded the vendor does not apply to:
a. Bodily injury, property damage, environmental damage, or emergency response costs for Wlich 1he vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does nqt apply to liability for damages that the vendor Muld have in the absence of the contract or agreement;
b. Any express warranty unauthorized by you;
c. Afly physical or chemical change in your product made intentionally by the vendor; d. Repackaging, except YI.hen unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; 103388 ( 10/09)
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ENDORSEMENT NO. (Continued}
e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection wth the distribution or sale of your product;
f. Demonstration, i nstallation, servicing or repair operations, except such operations performed at the vendor's premises in connection wth the sale of your product ;
g. Your product w,ich, after distribution or sale by you, has been labeled or relabeled, or used as a container, part or ingredient of any other thing or substance, by or for the vendor; or h. Bodily injury, property damage, environmental damage or emergency response costs arising out of the sole negligence of the vendor for its OV'.fl acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:
(1) The exceptions contained in Sub-paragraphs d. or f. above; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection wth the distribution or sale of your product. 2 This insurance does not apply to any products you have acquired from a vendor, or any ingredient, part or container, entering into, accompanying or containing such products.

3. Solely wth respect to the coverage afforded to the vendor pursuant to this Endorsement, SECTION IV COND.ITIONS, paragraph 4. Other Insurance is deleted in its entirety and replaced wth the followng:

4. Other Insurance
This insurance is primary and non-contributory, and our obligations are not affected by any other insurance carried by such vendor w,ether primary, excess, contingent, or on any other basis.

All other terms, conditions and exclusions shall remain the same. 103388 ( 10/09)
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ATTORNEY REPRESENTATION AGREEMENT

I. PARTIES
This Attorney Representation Agreement (“Agreement”) is entered into by and between the law firm of ATKINSON, ANDELSON, LOYA, RUUD & ROMO, a professional corporation, hereinafter referred to as “Attorney” or the “Law Firm” and the

CITY OF LA VERNE,
hereinafter referred to as “Client” or “City.”
II. PURPOSE
A. Client desires to retain and engage Law Firm to provide legal services and consultation relating to labor relations, including representation in negotiations, and administrative and court proceedings, and other general employment law matters and training as requested by the Client. Law Firm accepts this engagement on the terms and conditions contained in this Agreement.

B. With respect to insurance coverage for any matters covered by the scope of services under this Agreement, the City agrees that it is the City’s own responsibility, rather than the Firm’s responsibility, to identify potential insurance coverage and to tender legal matters to any appropriate insurance companies that may insure the City.

If the City desires that the Firm become involved in identifying potential insurers and/or the tender of legal disputes, then a separate written agreement between you and the Firm to that effect will be required.

III. TERMS AND CONDITIONS
A. Fees for Services

1. Hourly Rate Services
Client agrees to pay the Law Firm at the following standard hourly rates:

Partners/Of Counsel (depending on years of experience): $350 - $425 Associates (depending on years of professional experience): $250 - $325 Paralegals (depending on years of professional experience): $200 - $225 It is contemplated that the Firm will, and the Firm reserves the right to, increase its hourly rates each year effective each January 1 after the execution of this Agreement, unless the Agreement is canceled or this provision is modified in writing.

B. Costs and Expenses
In addition to the fees described above, Client agrees to pay a five percent (5%) “administrative fee” calculated and based on the total monthly billed fees to cover certain operating expenses of the Law Firm incurred in providing services to Client. This administrative fee is in lieu of the Law Firm charging Client for telephone charges ($.07 per minute), incoming and outgoing faxes ($2.00 per page), photocopies ($.20 per page), mailing June 19, 2023 City Council Agenda Packet
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fees, messenger services, computer database (e.g. Westlaw) searches ( billed at vendor’s standard retail rate), word processing ($40.00 per hour), and travel expenses including mileage at IRS rate, parking, meals, and lodging (excluding airfare).

Costs relating to fees charged by third parties retained to perform services ancillary to the Law Firm’s representation of Client are not included in the administrative fee and are charged separately. These include, but are not limited to, deposition and court reporter fees, transcript costs, witness fees (including expert witnesses), process server fees, and other similar third party fees. The Law Firm shall not be obligated to advance costs on behalf of Client; however, for purposes of convenience and in order to expedite matters, the Law Firm reserves the right to advance costs on behalf of Client with Client’s prior approval in the event a particular cost item exceeds $2,000.00 in amount, and without the prior approval of Client in the event a particular cost item totals $2,000.00 or less.

C. Billing Practices

1. A detailed description of the work performed and the costs and expenses advanced by the Law Firm will be prepared on a monthly basis as of the last day of the month and will be mailed to Client on or about the 15th of the following month, unless other arrangements are made. Payment of the full amount due, as reflected on the monthly statement, will be due to the Law Firm from Client by the 10th of the month following delivery of the statement, unless other arrangements are made. In the event that there are funds of Client in the Law Firm’s Trust Account at the time a monthly billing statement is prepared, funds will be transferred from the Law Firm’s Trust Account to the Law Firm’s General Account to the extent of the balance due on the monthly statement and a credit will be reflected on the monthly statement. Any balance of fees or costs advanced remaining unpaid for a period of 30 days will be subject to a 1% per month service charge.

2. Hourly rate services shall be charged to Client at a minimum increment of one- tenth hour, including reasonable travel time billed portal -to-portal. When time spent by Attorney on a particular service exceeds one -tenth hour, the charge will be rounded up to the next one- tenth hour increment.

3. Law Firm may charge the full hourly rate to more than one client for the same time period. Examples include, but are not limited to: (a) Law Firm charges Client for telephone advice rendered while Attorney is traveling in connection with a matter for another client, (b) Law Firm charges Client for written e -mail advice provided while Attorney is performing labor negotiation services for another client, rendered during a break in those negotiations, etc.

4. Client agrees to review the Law Firm’s monthly statements promptly upon receipt and to notify the Law Firm, in writing, with respect to any disagreement with the monthly statement.

D. Termination of Representation
Client has the right, at any time, and either with or without good cause, to discharge the Law Firm as its attorneys. In the event of such a discharge of the Law Firm by Client, however, any and all unpaid attorneys’ fees and costs owing to the Firm by Client shall be immediately due and payable.

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The Law Firm reserves the right to discontinue the performance of legal services on behalf of Client on a particular matter upon the occurrence of anyone or more of the following events:

1. Upon order of a court of law requiring the Law Firm to discontinue the performance of legal services;

2. Upon a determination by the Law Firm in the exercise of its reasonable and sole discretion, that state or federal legal ethical principles require it to discontinue the performance of legal services;

3. Upon a failure of Client to perform any of Client’s obligations with respect to the payment of the Law Firm’s fees, costs or expenses as reflected on the monthly bill; or,

4. Upon failure to cooperate with Law Firm as described in paragraph G.

In the event that the Law Firm ceases to perform legal services for Client, Client agrees that it will promptly pay to the Law Firm any and all unpaid fees and costs advanced. Further, the Client agrees that, with respect to any litigation where the Law Firm has made an appearance in a court of law on its behalf, Client will promptly execute an appropriate Substitution of Attorney form. Any termination of Law Firm’s representation on such a matter may be subject to approval by the applicable court of law.

E. Possible Third Party Conflicts
The Firm has a number of attorneys. The Firm may currently or in the future represent one or more other clients in matters involving Client. The Firm undertakes this engagement on the condition that the Firm may represent another client in a matter in which the Firm does not represent Client, even if the interests of the other client are adverse to those of Client (including appearance on behalf of another client adverse to Client in litigation or arbitration), provided the other matter is not substantially related to the Firm’s representation of Client and in the course of representing Client attorneys of the Firm have not obtained confidential information of Client material to the representation of the other client (“Permitted Adverse Representation”). Client’s consent to this arrangement is required because of its possible adverse effects on performance of the Firm’s duties as attorneys to remain loyal and available to those other clients and to render legal services with vigor and competence. Also, if an attorney does not continue an engagement or must withdraw therefrom, the c1icnt may incur delay, prejudice, or additional cost such as acquainting new counsel for the matter. Client agrees not to seek to disqualify the Firm from representing such other client in any Permitted Adverse Representation.

F. Client Cooperation
Client understands and agrees that, in order for the Law Firm to represent Client effectively, it is necessary for Client to assist and cooperate with the Law Firm during this engagement. Client agrees to (1) make its employees and officials available to discuss issues as they arise; (2) attend and participate in meetings, preparation sessions and court proceedings, review drafts of documents. and perform other activities in connection with the representation; and (3) provide complete and accurate information and documents to us on a June 19, 2023 City Council Agenda Packet
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timely basis. Noncoo peration will be grounds for the Law Firm’s withdrawal from representing Client on a particular matter. It is essential that Client and the Law Firm maintain open communications.

G. Arbitration: Waiver of Jury Trial
The parties agree that all disputes which arise between the Client and the Law Firm, whether financial or otherwise regarding the attorney-client relationship, shall be resolved by binding arbitration. Each side shall bear their own costs and attorneys’ fee s. The parties agree to waive their right to a jury trial and to an appeal.

H. Protection of Client Confidences -
High Tech Communication Devices
The Law Firm is aware of its important obligation to preserve the secrets and confidences of its clients which it holds in precious trust for them. To that end it is important that Client and the Law Firm agree from the outset what kinds of communications technology the Law Firm should employ in the course of representing Client. For example, the exchange of documents and other information using email or other types of electronic communications involves some risk that information will be retrieved by third parties with no right to see it.

Even the use of facsimile machines can cause problems if documents are sent to numbers where the documents sit in open view.

Therefore, Client should only provide the Law Firm with cellular numbers, facsimile numbers and email addresses which are acceptable to Client for receiving confidential communications from the Law Firm. Client agrees that the Law Firm may use any of the cellular numbers, facsimile numbers and email addresses other than those which you specify in writing that the Law Firm should not use.

I. Document Retention and Destruction
After a file on a matter is closed, Client has a right to request the Law Firm to return the file to Client. Absent such a request, the Law Firm shall retain the file on Client’s behalf for a period of five (5) years. Following this period of time, the Law Firm will destroy such files.

J. Binding Agreement
This letter represents the entire agreement between you and the Firm with respect to this Matter and any other matter which we agree to perform on your request unless such matter is covered by a separate written agreement between you and us. By signing below, you acknowledge that you have carefully reviewed and understand the content of this letter and agree to be bound by all of its terms and conditions. Furthermore, you acknowledge that the Firm has made no representations or guarantees to you regarding the outcome, or the time necessary to resolve, the Matter. No change or waiver of any of the provisions of this letter will be binding on either you or the Firm unless the change is in writing and signed by both you and the Firm.

K. Binding Arbitration
If any dispute arises out of, or related to, a claimed breach of this agreement, the professional services rendered by attorneys, or any other disagreement of any nature, type, or June 19, 2023 City Council Agenda Packet
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description, regardless of the facts or the legal theories which may be involved, including attorney malpractice, such dispute shall be resolved by binding arbitration by a single arbitrator. Each side will bear its own costs and attorney fees. The parties agree to waive their right to a jury and to an appeal.

L. Attorneys’ Lien
Client grants the Firm a lien for all amounts owed to the Firm on any sum or sums recovered (whether by litigation, arbitration, settlement or otherwise) in connection with our representation of Client. The Firm is authorized by Client to use this lien to satisfy any obligation owed to the Firm by Client under this letter agreement. The lien will attach to any recovery Client may obtain, whether by arbitration, award, judgment, settlement or otherwise.

The effect of such a lien is that the Firm may be able to compel payment of fees and costs from any such funds even if the Firm’s representation of Client has been terminated before the conclusion of the Matter. Because the lien may affect Client’s property rights, it may be desirable for Client to seek the advice of an independent attorney before agreeing to such a lien. Irrespective of whether or not Client seeks such independent advice, the lien will be effective upon Client’s signing of this letter agreement.

M. Miscellaneous

1. Law Firm and Client agree that the Law Firm, while engaged in carry
ing out and complying with any of the terms and conditions of this Agreement, is an independent contractor and is not an employee of Client.

2. The Law Firm maintains errors and omissions insurance coverage applica
ble to the services to be rendered.

N. Entire Agreement
This Agreement represents the entire agreement between Client and the Law Firm unless a particular matter is covered by a separate written agreement. By execution of this Agreement Client certifies that it has carefully reviewed and understands the contents of this Agreement and agrees to be bound by all of its terms and conditions. Furthermore, Client acknowledges that the Law Firm has made no representations or guarantees regarding the outcome, or the time necessary to complete or resolve a particular matter. No change or waiver of any of the provisions of this Agreement will be binding on either Client or the Law Firm unless the change is in writing and signed by both Client and the Law Firm.

IV. DURATION
This Agreement is effective June ____, 2023, ongoing and may be modified by mutual agreement of the parties. This Agreement shall be terminated by either party upon thirty (30) days written notice. The attorney-client relationship between the Firm and Client will cease at the conclusion of the matter(s) specified above. If the Firm is not asked by Client to provide advice for a period of one (1) year from the last date the Firm provided such advice, both Client and the Firm agree that the attorney-client relationship terminated on the last date the Firm provided advice without further action or notice by either party.

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“Law Firm”

ATKINSON, ANDELSON, LOYA, RUUD & ROMO
Dated: June 8, 2023 By:______________________________
Sarah J. Martoccia
Attorney
“Client”

CITY OF

LA VERNE
Dated: ________________________ B
y:______________________________
[NAME]
[TITLE]
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BONITA UNIFIED SCHOOL DISTRICT

CITY OF LA VERNE POLICE DEPARTMENT

CONTRACT FOR SERVICES OF A SCHOOL RESOURCE OFFICER

BONITA HIGH SCHOOL/ ROMONA MIDDLE SCHOOL

THIS CONTRACT is made and entered into this 1
st day of July, 2023 by and between the BONITA
UNIFIED SCHOOL DISTRICT, a public educational agency, located at 115 West Allen Avenue, San Dimas, California 91773, hereinafter referred to as “BUSD”, and the CITY of La Verne Police Department located at 2061 Third Street, La Verne, California 91750, hereinafter referred to as “CITY”.

1. PREMISES:

1.1 The City of La Verne Police Department, the City of La Verne and the District provide a uniform-clad School Community Policing Officer at Bonita High School and Ramona Middle School. This Officer is funded 50% by the District and 50% by the City of La Verne. The Officer assigned as the School Community Policing Officer has the protections listed under the Police Officers Bill of Rights . As an employee of the La Verne Pol ice Department, all orders and directives shall come via the chain of command at the La Verne Police Department.

1.2 On June 16, 2021, the Board of Education authorized BUSD to contract services with the CITY.

2. TERM OF CONTRACT

This Contract shall begin on July 1, 2023 and continue in full force and effect through June 30, 2024, unless early termination occurs in accordance with the terms of this Contract or extended by written amendment to this Contract.

3. PAYMENT AND MAXIMUM OBLIGATION

3.1 Payment. For the CITY’s full and complete performance of its obligations under this Contract, BUSD shall pay the CITY an amount not to exceed Eighty-eight Thousand Five hundred Dollars ($88,500). Any work performed by the CITY in excess of this amount shall be considered as having been done at no additional cost to BUSD, unless the Contract is so amended by written amendment.

3.2 Invoices. The CITY shall submit invoices in duplicate to BUSD (atten tion: Accounts Payable) for payment in arrears of work being performed. The CITY’S invoices shall specify the following: (1) name of person(s) performing the work; (2) description of work and location where the work was performed; (3) dates of work perform ance; ( 4) total amount due and payable; and (5) contract number. Per agreement with the CITY, invoices shall be submitted semi-annually.

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3.3 Maximum Payment Obligation . Notwithstanding any other provision of this Contract to the contrary, the amount listed in Subsection 3.1 is BUSD’s maximum, (cumulative) payment obligation to the CITY under this Contract, including all amounts payable to the CITY for its costs arising from, or due to termination of, this Contract.

4. INDEPENDENT CONTRACTOR
While pe
rforming its obligations under this Contract, the CITY is an independent contractor and not an officer, employee or agent of BUSD. The CITY shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of BUSD.

5. COVENANT AGAINST CONTINGENT FEES
The CIT
Y warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon a Contract or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide established commercial or selling agencies retained by the CITY for the purpose of securing business. For breach or violation of this warranty, BUSD shall have the right to immediate termination of this Contract and, at its sole discretion, deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or commission fee.

6. INDEMNIFICATION
Pursuant
to Government Code Section 895.4, CITY shall indemnify, defend, and hold harmless BUSD, its elected and appointed officers, employees and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, costs and expenses including attorney fees, arising from or connected with CITY’s acts and/or omissions arising from and/or relating to this Agreement.

Pursuant to Government Code Section 895.4, BUSD shall indemnify, defend, and hold harmless CITY, its elected and appointed officers, employees and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, costs and expenses including attorney fees, arising from or connected with the BUSD’s acts and/or omissions arising from and/or relating to this Agreement.

7. ASSIGNMENT OR TRANSFER
The CITY shall not in any manner, directly or indirectly, by operational law or otherwise, assign, transfer or encumber this Contract or any portion hereof of any interest herein, in whole or in part, without the prior written consent of BUSD. If consent is not given by BUSD to assign, transfer, or encumber this Contract, such action shall be deemed automatically void. In addition, the CITY shall not subcontract the work to be performed pursuant to this Contract without prior written approval of BUSD. The names and qualifications of subcontractors or others whom CITY intends to employ, other than those identified, shall be submitted to BUSD for prior written approval.

8. REPRESENTATION OF SKILL AND CAPABILITIES
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8.1 CITY hereby represents that it has made the necessary commitment, that it possesses the necessary professional capabilities, qualifications, licenses, skilled personnel, experience, expertise, and financial resources, and it has available or will make available the necessary equipment, materials, tools, and facilities to perform the Work in an efficient, professional, and timely manner in accordance with the terms and conditions of the Contract.

The CITY shall be responsible for its professional quality, technical accuracy, completeness, and coordination of the Work, it being understood that BUSD will be relying upon such professional quality, technical accuracy, completeness, and coordination in utilizing the Work for implementation of the Project.

8.2 The CITY shall also require its Subcontractors to perform the Work in accordance with the specifications and requirements of the Contract and in accordance with professional standards of skill, care, and diligence adhered to by firms recognized for their expertise, experience and knowledge in performing work of a similar nature.

8.3 CITY shall ensure that any individual performing work under the Contract requiring a California license shall possess the appropriate license required by the State of California. All personnel shall have sufficient skill and experience to perform the Work assigned to them.

8.4 BUSD shall have the right, in its absolute discretion, to require the removal of CITY’s personnel at any level assigned to the performance of the Services or Work, if BUSD considers such removal necessary in the best interests of the Project and requests such removal in writing. Such personnel shall be promptly removed from the Project by the CITY at no cost or expense to BUSD. Further, an employee who is removed from the Project for any reason shall not be re -employed by the Project. No BUSD employee or officer, except the Contractual Relations Officer, may authorize any Amendments to the Contract or revisions

9. TERMINATION

9.1 Scope
BUSD may at any time terminate this Contract, in whole or part, for the convenience of BUSD or for default by the CITY by giving the CITY a written “Notice of Termination”.

Upon receipt of such Notice of Termination, the CITY shall cease all work immediately or on the date, if any, specified in said Notice of Termination, whichever is later, and thereafter take all reaso nable steps to not incur additional costs associated with this Contract, except those costs necessary to close-out business on this Contract. Additional costs shall be reviewed by BUSD and must be deemed allowable before payment is made.

9.2 Termination for Convenience
If BUSD elects to terminate this Contract for its convenience, such termination shall be effective thirty (30) calendar days after delivery of said Notice of Termination to the CITY, unless a later date is specified in the Notice of Termination. Thereafter, BUSD June 19, 2023 City Council Agenda Packet
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shall pay the CITY for services provided through the date of termination and for those allowable costs determined by BUSD to be reasonably necessary to effect such termination. Thereafter, the CITY shall have no further claims against BUSD under this Contract.

9.3 Termination for Reason
BUSD may terminate this Contract for reason of the CITY’s default if: (a) a federal or state proceeding for the relief of debtors is undertaken by or against the CITY, or (b) a receiver or trustee is appoin ted for the CITY, or (c) the CITY makes an assignment for the benefit of his creditors, or (d) the CITY becomes insolvent, which shall be deemed to have occurred if the CITY has ceased to pay its debts in the ordinary course of business or cannot pay its debts as they become due, whether or not the CITY has committed an act of bankruptcy law, or (e) the CITY breaches any material term or violates any material provision of this Contract and does not cure such breach or violation within ten (10) calendar days after delivery by BUSD of a written “Notice to Cure Deficiency.” The rights and remedies of BUSD set forth in this Subsection 9.3 shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract.

10. NON-DISCRIMINATION AND NON-SEGREGATION
During the performance of this Contract, the CITY agrees to comply with all Federal, state and local laws respecting non -discrimination in employment and non- segregation of facilities including, but not limited to requirements set out in 41 CFR 60- 1.4, 60-250.4 and 60-741.4, which equal opportunity clauses are hereby incorporated by reference.

11. FINGERPRINTING
During the entire term of the Contract, the CITY, including all subcontractors, shall fully comply with the provisions of the Education Code Section 45125.1 when BUSD determines that the CITY’s employees and/or employees of subcontractors will have more than limited contact with BUSD pupils in the performance of the work of the Contract.

12. NON-DISCRIMINATION

12.1 Employment
The CITY shall take affirmative action to ensure fairness in the manner that applications are accepted and employees are treated during employment without regard to their race, color, religion, age, sex, ancestry, handicap or national origin. Such action shall include, but may not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CITY shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the State setting forth the provisions of the Fair Employment Practices Act.

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12.2 Civil Rights Act
CITY hereby assures that it will comply with Subchapter VI of the Civil Rights Act of 1964, USC Sections 2000 e (17), to the end that no person shall, on the grounds of race, creed, color, sex, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under the Contract or under any project, program, or activity supported by this Contract.

12.3 Section 504
CITY hereby assures that it will comply with Section 504 of the Rehabilitation Act of 1973 with regard to federal financial assistance administered by the Department of Health and Human Services and the Americans with Disabilities Act (ADA) of 1990; and other applicable nondiscrimination laws.

13. RECORD RETENTION AND INSPECTION
The CITY agrees that BUSD shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent records pertaining to this Contract. All records shall be kept and maintained by the CITY and made available to BUSD during the entire term of this Contract and for a period not less than five (5) years after final payment hereunder by BUSD.

14. FORCE MAJEURE
In the event that performance on the part of any party hereto shall be delayed or suspended as a result of circumstances beyond the reasonable control and without the fault or negligence of said party, none of the parties shall incur any liability to the other parties as a result of such delay or suspension. Circumstances deemed to be beyond the control of the parties hereunder shall include, but not be limited to, acts of God or of the public enemy, insurrection, acts of the federal government or any unit of state or local government in either sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes or delays in transportation, to the extent that such circumstances are not caused by the party’s willful or negligent acts or omissions, and to the extent that they are beyond the party’s reasonable control.

15. TOBACCO-FREE WORKPLACE
The CITY hereby agrees to comply with BUSD Board of Education’s Policy 3515.1 which states, “It is the intention of the office to provide a smoke-free workplace within all buildings owned or leased by the office commencing June 30, 1995.”

16. ALCOHOL AND DRUG-FREE WORKPLACE
The CITY hereby certifies under penalty of perjury under the laws of the State of California that CITY will comply with the requirements of the Drug -Free Workplace Act of 1988 (Government Code Section 8350 et. seq.), and the Los Angeles County Board of Education’s Alcohol and Drug-Free Workplace Policy 4020(a).

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17. COMPLIANCE WITH LAW
CITY shall comply with all applicable federal, state, and local laws, statutes, ordinances, rules, regulations, policies, and procedures in performing under this Contract. CITY warrants that it has all licenses, permits, certificates and credentials required by law to perform the work specified under this Contract and shall, upon request by BUSD, provide evidence of same.

18. SEVERABILITY/WAIVER

18.1 If any provision of this Contract is determined to be illegal, unenforceable, or invalid, such act shall in no way affect the validity of any other provision in this Contract.

18.2 No waiver of any provision of this Contract shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding unless executed in writing by the party making the waiver.

The captions and headings of the various sections of this Contract are for convenience and identification only and shall not be deemed to limit or define the content of the respective sections hereof.

20. ATTORNEY’S FEES
Should either party be required to file any legal action or claim to enforce any provision of this Contract or resolve any dispute arising under or connected to this Contract, each party shall bear its own attorney’s fees and costs in bringing such an action and any judgment or decree rendered in such a proceeding shall not include an award thereof.

21. GOVERNING LAW/FORUM SELECTION
This Contract is made, entered into and executed in Los Angeles County, California, and any legal action, claim or proceeding arising out of or connected with this Contract shall be filed in the applicable court in Los Angeles County, California. This Contract shall be construed, and all disputes hereunder shall be settled, in accordance with the laws of the State of California.

22. NOTICES
Any notices to be given pursuant to this Contract shall be in writing and such notices, as well as any other document to be delivered, shall be delivered by personal service or by deposit in the U. S. Mail, certified or registered, return receipt requested, postage prepaid, and addressed to the party for whom intended as follows:

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To BUSD:

Sonia E
ckley
Assistant Superintendent, Business Services
115 West Allen Avenue
San Dimas, California 91773
To CITY:

Chief C
olleen Flores
CITY of La Verne
Police Department
2061 Third Street
La Verne, California 91750

23. INCORPORATION BY REFERENCE
Any exhibit
s referenced herein shall be incorporated and made a part of this Contract.

24. NO THIRD PARTY OBLIGATIONS
The exec
ution and delivery of this Contract shall not be deemed to confer any rights upon, nor obligate any parties thereto, to any person or entity other than the parties hereto.

25. ORDER OF PRECEDENCE
Except a
s specifically provided elsewhere in this Contract, conflicting provisions of this Contract shall prevail in the following order of precedence: (1) the provisions in the body of this Contract, (2) the exhibits of the Contract, if any; (3) all other documents cited in this Contract or incorporated by reference.

26. INTEGRATION
This Cont
ract, including all exhibits and other documents incorporated herein or made applicable by reference, contains the complete and final understanding of the parties’ rights, duties and obligations with respect to the transaction discussed in the Contract and supercedes all prior Contracts, understandings and commitments, whether oral or written.

This Cont
ract shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed and acknowledged by both parties hereto.

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BONITA UNIFIED SCHOOL CITY OF LA VERNE

DISTRICT POLICE DEPARTMENT
By: ___________________________ By: ___________________________ Soni
a Eckley Colleen Flores
Assistant Superintendent Chief of Police
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BONITA UNI

FIED SCHOOL DISTRICT

CITY OF

LA VERNE POLICE DEPARTMENT

CONTRACT

FOR SERVICES

FOR CROSSING GUARDS
THIS C
ONTRACT is made and entered into this 1 st day of July, 2023 by and between the BONITA UNIFIED SCHOOL DISTRICT, a public educational agency, located at 115 West Allen Avenue, San Dimas, California 91773, hereinafter referred to as “BUSD”, and the CITY of La Verne located at 2061 Third Street, La Verne, California 91750, hereinafter referred to as “CITY”.

1. PREMISES:

1.1 The CITY of La Verne Police Department will provide a crossing guard at the following locations:

D and 6th Streets
E and 6th Streets
E and 8th Streets
White Avenue and 8th Streets
Baseline and Rancho la Verne Avenues
Wheeler and Baseline Avenues
Wheeler and Oak Mesa Avenues

1.2 CITY
will provide personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a Cr ossing Guard. The Crossing Guards are employees of the CITY, not BUSD.

1.3 CITY shall provide supervisory personnel to ensure that Crossing Guard activities are taking place at the required places and times, and in accordance with all items of this Contract.

1.4 CITY shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any Crossing Guard fails to report for work at the assigned time and location.

1.5 Crossing Guard services shall be provided by the Contractor at the designated locations on all days in which the designated schools in BUSD are in session. CITY shall maintain communication with the designated school to maintain proper scheduling.

1.6 CITY shall provide all Crossing Guards with appropriate apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties.

1.7 CITY shall provide all Crossing Guards with hand held Stop signs and any other safety equipment which may be necessary.

2. TERM OF CONTRACT
This Cont
ract shall begin on July 1, 2023 and continue in full force and effect through June 30, 2024, unless early termination occurs in accordance with the terms of this Contract or extended by written amendment to this Contract.

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3. PAYMENT AND MAXIMUM OBLIGATION

3.1 Payment. For the CITY’s full and complete performance of its obligations under this Contract, BUSD shall pay the CITY half of the total cost the CITY pays to provide crossing guards at the locations stated. It is currently expected that such amount will be Seventy-Four Thousand Eight Hundred Seventy-Four Dollars ($74,874). Any work performed by the CITY in excess of this amount shall be considered as having been done at no additional cost to BUSD, unless the Contract is so amended by written amendment.

3.2 Invoices. The CITY shall submit invoices in duplicate to BUSD (attention: Accounts Payable) for payment in arrears of work being performed. Invoices shall be submitted semi-annually.

5. COVENANT AGAINST CONTINGENT FEES
The CIT
Y warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon a Contract or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide established commercial or selling agencies retained by the CITY for the purpose of securing business. For breach or violation of this warranty, BUSD s hall have the right to immediate termination of this Contract and, at its sole discretion, deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or commission fee.

Pursuant to Government Code Section 895.4, BUSD shall indemnify, defend, and hold harmless CITY, its elect ed and appointed officers, employees and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, costs and expenses including attorney fees, arising from or connected with the BUSD’s acts and/or omissions arising from and/or relating to this Contract.

The obligations of this Section 6 shall continue in force even after the termination of this Contract.

7. ASSIGNMENT OR TRANSFER
The CITY shall not in any manner, directly or indirectly, by operational law or otherwise, assign, transfer or encumber this Contract or any portion hereof of any interest herein, in whole or in part, without the prior written consent of BUSD. If consent is not given by BUSD to assign, transfer, or encumber this Contract, such action shall be deemed automatically void. In addition, the CITY June 19, 2023 City Council Agenda Packet
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shall not subcontract the work to be performed pursuant to this Contract without prior written approval of BUSD. The names and qualifications of subcontractors or others whom CITY intends to employ, other than those identified, shall be submitted to BUSD for prior written approval.

8. REPRESENTATION OF SKILL AND CAPABILITIES

Such personnel shall be promptly removed from the Project by the CITY at not cost or expense to BUSD. Further, an employee who is removed from the Project for any reason shall not be re-employed by the Project. No BUSD employee or officer, except the Contractual Relations Officer, may authorize any Amendments to the Contract or revisions

9. TERMINATION

9.1 Scope
Either BUSD or the CITY may at any time terminate this Contract, in whole or part, for the convenience of either party or for default by the other party by giving the other party a written “Notice of Termination.” Upon receipt of such Notice of Termination, the parties shall cease all work immediately or on the date, if any, specified in said Notice of Termination, whichever is later, and thereafter take all reasonable steps to not incur additional costs associated with this Contract, except those costs necessary to close-out business on this Contract. Additional costs shall be paid if such costs are reasonable in amount and scope.

9.2 Termination for Convenience
If either party elects to terminate this Contract for its convenience, such termination shall be effective thirty (30) calendar days after delivery of said Notice of Termination to the other party, unless a later date is specified in the Notice of Termination. Thereafter, BUSD shall pay June 19, 2023 City Council Agenda Packet
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the CITY for services provided through the date of termination and all additional costs if such costs are reasonable in amount and scope. Thereafter, the parties shall have no further claims against other pursuant to Section 3 of this Contract.

9.3 Termination for Reason
Either party may terminate this Contract for reason of the other party’s default if: (a) a federal or state proceeding for the relief of debtors is undertaken by or against the other party, or (b) a receiver or trustee is appointed for the other party, or (c) the other party makes an assignment for the benefit of his creditors, or (d) the other party becomes insolvent, which shall be deemed to have occurred if the other party has ceased to pay its debts in the ordinary course of business or cannot pay its debts as they become due, whether or not the other party has committed an act of bankruptcy law, or (e) the other party breaches any material term or violates any material provision of this Contract and does not cure such breach or violation within ten (10) calendar days after delivery of a written “Notice to Cure Deficiency.” The rights and remedies set forth in this Subsection 9.3 shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract.

10. NON-DISCRIMINATION AND NON-SEGREGATION
During the performance of this Contract, the CITY agrees to comply with all Federal, state and local laws respecting non-discrimination in employment and non- segregation of facilities including , but not limited to requirements set out in 41 CFR 60- 1.4, 60- 250.4 and 60- 741.4, which equal opportunity clauses are hereby incorporated by reference.

12. NON-DISCRIMINATION

12.1 Employment
The CITY shall take affirmative action to ensure fairness in the manner that applications are accepted and employees are treated during employment without regard to their race, color, religion, age, sex, ancestry, handicap or national origin. Such action shall include, but may not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for trai ning, including apprenticeship. CITY shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the State setting forth the provisions of the Fair Employment Practices Act.

12.2 Civil Rights Act
CITY hereby assures that it will comply with Subchapter VI of the Civil Rights Act of 1964, USC Sections 2000 e (17), to the end that no person shall, on the grounds of race, creed, color, sex, or national origin be excluded from participation in, be denied the benef its of, or be June 19, 2023 City Council Agenda Packet
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otherwise subjected to discrimination under the Contract or under any project, program, or activity supported by this Contract.

13. RECORD RETENTION AND INSPECTION
Each party agrees that the other shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent records pertaining to this Contract. All records shall be kept and maintained consistent with each party’s document retention schedules.

Circumstances deemed to be beyond the control of the parties hereunder shall include, but not be limited to, acts of God or of the public enemy, insurrection, acts of the federal government or any unit of state or local government in either sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes or delays in transportation, to the extent that such circumstances are not caused by the party’s willful or negligent acts or omissions, and to the extent that they are beyond the party’s reasonable control.

15. TOBACCO-FREE WORKPLACE
The CITY hereby agrees that its employees shall not smoke in any buildings owned or leased by BUSD.

16. ALCOHOL AND DRUG-FREE WORKPLACE
The CITY hereby agrees that CITY will comply with the requirements of the Drug-Free Workplace Act of 1988 (Government Code Section 8350 et s eq.). CITY employees are prohibited from being under the influence of controlled substances or alcohol while on duty. Under the influence means that the employee's capabilities are adversely or negatively affected, impaired, or diminished to an extent that impacts the employee's ability to safely and effectively perform his/her job.

18. SEVERABILITY/WAIVER

18.1 If any provision of this Contract is determined to be illegal, unenforceable, or invalid, such act shall in no way affect the validity of any other provision in this Contract.

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19. INTERPRETATION
Should interpretation of this Contract, or any portion thereof, be necessary it is deemed that this Contract was prepared by the parties jointly and equally and shall not be interpreted against either party on the grounds that said party prepared the Contract or caused it to be prepared. The captions and headings of the various sections of this Contract are for convenience and identification only and shall not be deemed to limit or define the content of the respective sections hereof.

20. ATTORNEY’S FEES
If either party files any legal action or claim to enforce any provision of this Contract or resolve any dispute arising under or connected to this Contract, each party shall bear its own attorney’s fees and costs in bringing such an action and any judgment or decree rendered in such a proceeding shall not include an award thereof.

To BUSD:

Sonia Eckley
Assistant Superintendent, Business Services
115 West Allen Avenue
San Dimas, California 91773
To CITY:

Chief C
olleen Flores
City of La Verne
Police Department
2061 Third Street
La Verne, Ca 91750
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23. INCORPORATION BY REFERENCE

Any exhibits referenced herein shall be incorporated and made a part of this Contract.

24. NO THIRD PARTY OBLIGATIONS

The execution and delivery of this Contract shall not be deemed to confer any rights upon, nor obligate any parties thereto, to any person or entity other than the parties hereto.

25. ORDER OF PRECEDENCE

Except as specifically provided elsewhere in this Contract, conflicting provisions of this Contract shall prevail in the following order of precedence: (1) the provisions in the body of this Contract, (2) the exhibits of the Contract, if any; (3) all other documents cited in this Contract or incorporated by reference.

26. INTEGRATION

This Contract, including all exhibits and other documents incorporated herein or made applicable by reference, contains the complete and final understanding of the parties’ rights, duties and obligations with respect to the transaction discussed in the Contract and supersedes all prior Contracts, understandings and commitments, whether oral or written.

This Contract shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed and acknowledged by both parties hereto.

BONITA UNIFIED SCHOOL CITY OF LA VERNE

DISTRICT

By: ___________________________ By:___________________________

Sonia Eckley Ken Domer
Assistant Superintendent City Manager Business Services

Date: ___________________________ Date: _________________________

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AGREEMENT TO PROVIDE MAINTENANCE SERVICES
THIS AGREEMENT is made and entered into this ....1fil._ day of July , 2023, by and between the City of La Verne, a municipal corporation, hereinafter referred to as "City," and Gica Electrical Contractors, Inc. hereinafter referred to as "Contractor."

RECITALS
(A) City wishes to establish a contractual relationship with Contractor to provide services and materials on an on-call basis when needed by City; and (B) City has not determined the exact nature, scope, or budget for these services and materials at this time; and
(C) The City has qualified Contractor for providing these services and materials as to insurance and other provisions as specified in this Agreement; and (D} Contractor represents that it is a qualified and competent supplier of the services __ ,. __ .... _____ .. andjtemsJobe.purchased.under.this.Agreement. ,,_ ...... , ___ .. ______ .. _ _ ____ " ____ -"-- ..

IT IS AGREED AS FOLLOWS:

1. Scope of Services. The Contractor shall provide the following services:

A. Maintain or repair pump motors, controls and similar equipment. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor herein under in meeting its obligations under this Agreement.

2. Operative Date. The services of the Contractor shall be available upon the execution of this Agreement from July 1, 2023 through June 30, 2024.

3. Request for Services. City will request services pursuant to this Agreement and the Contractor and the City shall execute a purchase order specifying the nature and cost of the services to be provided for that specific request. Contractor shall acknowledge receipt and acceptance of the requested materials and/or services by signing a copy of the purchase order and returning ii to the City within ten (10) days unless directed to reply sooner.

4. Nonexclusivity. Nothing contained in this Agreement shall be construed or interpreted as giving the Contractor any exclusive right or priority to provide any or all of the services described in this Agreement, and the City shall remain free to use its own forces or any other person to provide some or all of those services as the City may in its sole discretion determine best meets the City's needs and interests.

5. Compliance with Laws. The Contractor shall comply with all applicable laws, codes, ordinances, and regulations of governing ·federal, state and local laws. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature, which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to perform the services requested under this June 19, 2023 City Council Agenda Packet
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Agreement. If providing services 'in the City, Contractor shall maintain a City business license pursuant to the City Municipal Code.

6. Sole Responsibility. Contractor shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.

7. Accounting. The Contractor shall present to the City, at the close of each calendar month, an itemized invoice which describes all services performed during said month, classified in such a manner as specified by the City. The City shall pay the Contractor within thirty (30) calendar days of such invoice. Records of the Contractor's direct personnel, contractor and reimbursable expenses pertaining to the work and records of accounts between the City and the Contractor, shall be kept on a generally recognized standard accounting basis and shall be available to the City or its authorized representative at mutually convenient times. The City may withhold payments for individual items if disputed. The City and Contractor shall make their best efforts to resolve disputed items.

8. Cost of Services and Materials. Pricing for those services shall be specified in the purchase order and attachments to the purchase order for the specific services and materials · 1 :1
_____ i:_eq4esJed py_tbe Qjty, Jn.r:iP_eyentJ;b11l[_a _s]ng~J,Uf&tg1_§(! under this Agreer:nent exceed .!1.l.<11~1 of One Hundred Seventy Five Thousand ($175,000.00) during the effective period of this ----J agreement. )

9. Information/Report Handling. All documents furnished to Contractor by the City and all reports and supportive data prepared by the Contractor under this Agreement are the City's property and shall be delivered to the City upon the completion of Contractor's services or at the City's written request. All reports, information, data, and exhibits prepared or assembled by Contractor in connection with the performance of its services pursuant to this Agreement are confidential until released by the City to the public, and the Contractor shall not make any of the documents or information available to any individual or organization not employed by the Contractor or the City without the written consent of the City before such release.

10. Availability of Records. Contractor shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Agreement. Contractor shall make these records available to authorized personnel of the City at the Contractor's offices during business hours upon written request of the City.

11. Project Managers. The designated Project Manager is Clay Jarvinen, .Maintenance Manager, who shall represent the City on all matters hereunder. He shall have the right of general supervision of all the work performed by the Contractor and shall be the City's agent with respect to the review, critique and approval of the services of the Contractor. He shall arrange for the orderly administration of the scope of services by the Contractor, including provisions for work authorizations and coordination of performance. The Maintenance Manager shall have the right to delegate supervision of certain projects and areas of the Agreement.

12. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed·postage prepaid, and addressed to:

To City: Meg McWade, Director of Public Works
City of La Verne
3660 D Street
La Verne, CA 91750
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To Contractor: Cico Electrical Contractors, Inc.
1506 Columbia Ave. Suite #11
Riverside, CA 92507
or personally delivered to Contractor to such address or such other address as Contractor designates in writing to City.

13. Independent Contractor. It is understood that the Contractor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and ilot an agent or employee of the City. As an independent contractor, neither Contractor nor any of its officers or employees shall obtain any rights to retirement benefits or other benefits, which accrue, to City employee(s). With prior written consent, the Contractor may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement.

The contractor warrants that it shall pay and withhold all payroll taxes and similar payments as required by law. Including state and federal income tax, state disability insurance premiums, __ , __ social .. sl3.c.urity.tal.<e.s.and.unempJo_yment_sl:J.all.maintai11.w.ork,eirs~compeos.atiooJnsurnnc.e.as_ required by law.

14. Nondiscrimination. Contractor warrants that it is an equal opportunity employer and shall comply_ with applicable regulations governing equal employment opportunity. Contractor does not and shall not discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act. In performing services under this Agreement, Contractor shall not discriminate against any applicant or designer on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition.

15. Employment of Aliens.

A. Contractor warrants that it fully complies with all laws regarding employment of aliens and others, and that all its employees performing services hereunder meet the citizenship or alien status requirements contained in federal and state statutes and regulations, including, but not limited to, the Immigration Reform and Control Act of 1986 (P. L. 99-603).

B. Contractor shall obtain from all covered employees performing services hereunder, all verification and other documentation of employment eligibility status required by federal statues and regulations as they currently exist and as they may be hereafter amended.

C. Contractor shall retain such documentation for all covered employees for the period prescribed by law.

D. Contractor shall indemnify, defend, and hold harmless, the City, its officers and employees from employer sanctions and any other liability which may be assessed against CITY in connection with an alleged violation of federal or state statutes or l I j
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regulations pertaining to the eligibility for employment of person performing services under this agreement.

16. Background Check. The City, at its discretion, reserves the right to complete a background check for any employee prior to working in any city facility. Costs associated with the background check will be paid by the City.

17. City Key Policies and Procedures. Keys will be issued to the Contractor and designated employees upon written approval from Department Head and Director of Public Works. A deposit of $100.00 is required for the first key and $50.00 for each key thereafter. Deposit Is refundable upon return of the key. Lost or stolen keys require a replacement fee as established by the Director of Public Works. Individuals issued keys should .be aware of security issues involved with the loss of city keys and should exercise responsible measures to keep keys secure. Access to city property is normally after city business hours with the exception of the Public Safety Facility and the Yard. Usual and customary business practices should be used to determine the hours that maintenance will be performed.

18. Insurance. Contractor shall procure and maintain for the duration of the Agreement insurance against cla_ims for injuries to persons or damages to p;opertyJ/llhich maY..filise from or in connection with the performance of the work hereunder by the Contractor, Contractor's agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's pricing.

A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
i. Insurance Services Office Commercial General Liability coverage (form GC 0001 ), or its exact equivalent with an edition date prior to 2004. ii. Insurance Services Office form number CA 0001 or equivalent covering Automobile Liability, code 1 per accident and endorsement CA 0025. iii. Workers Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance.

B. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
i.
ii.

General Liability: $5,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall be $10,000,000.

Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.
iii. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits·of $1,000,000 per accident or disease. ,'
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C.

Deductibles and Self-insured Retentions
i. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, an defense expenses.

Other Insurance Provisions
The policies are to contain, or be endorsed to contain the following provisions:
i.
ii.
iii.

The City of La Verne, its officers, officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor, products and .completed .operations_ottbe .. Contractor,_premises o_wned,_o_ccupied_or_ __ used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of La Verne, its officers, officials, employees, or volunteers, and shall be provided on Insurance Services Office Form CG 20 10 with an edition date prior to 2004, or is exact equivalent. Additional insured status for completed operations shall be provided either in the additional insured form or through another endorsement such as CG 20 37 with an edition date prior to 2004.

The Contractor's insurance coverage shall be primary insurance as respects the City of La Verne, its officers, officials, employees, agents and volunteers. Any insurance or sell-insurance maintained by the City of La Verne, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's Insurance and shall not contribute with it.

Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City of La Verne, its officers, officials, employees, agents or volunteers.
iv. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of ·the insurer's liability.
v. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of recovery prior to a loss. Contractor waives its right of recovery against City.

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E.

Workers' Compensation and Employers Liability Coverage
i. . The insurer shall agree to waive all rights of subrogation against the City of La Verne, its officers, officials, employees, agents or volunteers for losses arising from work performed by the Contractor for the City of La Verne.

All Coverage
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty days prior written notice by certified mail, return receipt requested, has been given to the City of La Verne. · G. Acceptability of Insurers
Insurance is to be placed with insurers with a-Best's rating of no less than A:VII.

H. Verification of Coverage
I.

Upon execution of this Agreement, Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the City. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

J. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.

19. Indemnification. The Contractor shall save, keep and hold harmless indemnify and defend the City its officers, agents, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by a willful or negligent act or omissions of the Contractor, or any of the Contractor's officers, employees, or agents or any subcontractor. This provision shall not apply if the damage or injury is proximately caused by the gross or active negligence or willful misconduct of the City, its officers, agents, employees, or volunteers.

20. Bonds. Individual job orders from the City may require performance or labor and material bonds in conformance with City's Standard Specifications. In any event, for any work or services ordered in excess of $75,000, Contractor shall provide, before undertaking any work ,:
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on that project, a surety bond in an amount equal to at least one hundred percent (100%) of the contract price as security for the payment of all persons performing labor and furnishing materials in connection with this contract pursuant to State law.

21. Prevailing Wages. Unless otherwise authorized in writing by the City, Contractor shall comply with Labor Code Sections 177 4 and 1775. The current schedule of prevailing wage rates supplied by the State Department of Industrial Relations is on file and is available on the following website: https://www.dir.ca.gov/Public-Works/Prevailing-Wage.html. The City shall not supply copies of this schedule for posting on the job site unless specifically requested to do so by the Contractor. If the Contractor intends to use a craft or classification not shown on the general prevailing wage determinations, it may be required to pay the wage rate of the craft or classification most closely related to it as shown in the general determinations effective at the time of the purchase order. II the Contractor intends to use a craft or classification not shown, it shall notify the City at least five (5) working days before the execution of the purchase order. It is the Contractor's obligation to ensure that prevailing wages are paid in conformance with State law and regulations for projects subject to this agreement.

22. Contractor's Schedule of Fees. This agreement is essentially a "time and materials" _contract. _As such, Contractor agrees to provide servicesLincluding labor, equipment and material mark-ups, per the rates shown in Exhibit A of this agreement. The only modifications to Exhibit A during the effective period of this agreement shall be with respect to labor rates and prevailing wage requirements as noted in Section 21 of this agreement.

23. Time of the Essence. Prompt delivery of the services and materials is essential to this Agreement.

24. Termination. This Agreement may be terminated at any time by giving thirty (30) days written notice to the other party. Any work, services, or materials being performed or delivered at the time notice of termination of this Agreement is given shall be completed and paid for pursuant to this Agreement and California law.

25. Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of the Agreement.

26. Modifications. No modification, waiver, termination, or amendment to this Agreement is effective unless made in writing signed by the City and the Contractor.

27. Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect.

28. Entire Agreement. This Agreement sets forth the entire understanding between the parties.

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June 19, 2023 City Council Agenda Packet
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This Agreement shall be effective from and after the date set forth below and opposite the respective signatures of the parties. The operative date of this Agreement shall be July 1, 2023 to June 30, 2024.

Date:. ___________ _ CITY OF LA VERNE
A Municipal Corporation
Tim Hepburn, Mayor
Attest:

Lupe Gaeta Estrella, Assistant City Clerk
Cico Electrical Contractors,lnc.

BY 11"'-~~- 'Jc._,¾
Andrea K. Martinez, Office Manager
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June 19, 2023 City Council Agenda Packet
238
Exhibit A
Contractor's Schedule of Fees
July 1, 2023 through June 30, 2024
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II
581 Iowa Ave Unit A&B, Riverside CA 92507 Phone: (951) 213-2229 F ax: (95 I) 684-0738 License No. 837426 June I, 2023
Hourly rate schedule /terms & conditions - Effective July 2023-June 2024

CICO ELECTRICAL CONTRACTORS INC
Provides the following services :
• Maintain or repair pump motors, controls and similar equipment • Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor as indicated on the agreement to provide maintenance services for the City of La Verne.

Per California Department of Industrial Relations - Wage Determination for Los Angeles County
RATES ARE AS FOLLOWS:

I Class NORMAL OV.ERTJME DOUBLETJME
Field Foreman $130.00
Project Management $153.00
- -
$167.00
N/A
$233.00
N/A
June 19, 2023 City Council Agenda Packet
240
• Straight time will consist of normal eight (8) hour working day with an allowance for lunch. • Premium time will consist of any time worked before and after norma l working hours , Saturday, Sunday, Holidays, Emergency call out during normal working hours . Should an employee be required to work around clock, remain at the jobsite , or receive less than 8 hours rest; he/she will remain on premium time until which time he/sh e receives eight (8) hours rest, or as per the Local Union Agreement.
• Travel portal to portal on norma l workdays at straight time rates. • Minimum charge of four ( 4) hours will be billed for services performed in 1-4 hours and minimum of eight (8) hours for services performed 5-8 hours . • Double time hours will start on the 12 hour for hours worked Monday -Friday after 11 hours.

Double time working hours are also defined as those hours worked on a Sunday all day . • AU spec ial permits, licenses and insurance beyond our standard certificate of insurance will be billed as an extra.
• Delays caused by others will be considered an extra charge for time lost. • Our 24-hour Emergency #951-213-2229 /#951-660-8244
• Our Emergency response time is 2 hours once a call is received. • CICO Electrical Contractors, Inc standard terms and conditions apply to all work and are as noted on page 2 of this document.

Effective through June 30, 2024
I Customer 3igna!1ire & Date:

June 19, 2023 City Council Agenda Packet
241
ACORD• CERTIFICATE OF LIABILITY INSURANCE I
DATE (MM/0 D/YYYY)
"--" 6/VW23
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR Al TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED prnvlslons or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certlficate holder In lieu of such endorsement(s).

PRODUCER Phone: (951 )694-0625 ~2:tcr Certifi cate Depanm e nt Fax: (951)719-3350 r .. ~g".t ..... (951)694-0625 i r~ Nol: (951)719-3350 PSA Real ly & Insurance Serv ices £-MAIL ccrts @psainsurance.com PO Box 720 ADDRESS:

Temec ula. Califo rnia 92593 -0720 INSURER{SI AFfORDtNG COVERAGE NAJC # INSURER A : Jame,, River ln~urance Compan y 12203
illSU!\1:0 l,IISURER B: Topa Insurance Company 18031
CICO ELECTR ICAL CONTRACTORS INC INSURER C:
365 Whipporw ilf Drive l~SURER D:

Riverside, CA 92507
l,IISURER E:

INSURER F :

COVERAG ES CERTIFICAT E NUMBER · 23410 REVISION NUMBER·

INSR TYPE OF INSURANCE ,~DL SUBR POLICY EFF P OLICY EXP LIMITS L7R l uo•~ IM••n POLICY NUMBER I IMM/0D/YYYY I IMM/D0/YV'Nl ✓ COMMERCIAL GENERAL LIABILln' 00126506-1 J/19/2023 1/19/2024 EACH OCCURRENCE s I .000 J)()(J A - D CLAIMS-MADE 0 OCCUR PREMISES IE~~i~n ce \ $ IWJ.AAJ - ),UUU
✓ y MED EXP {Any one person) $
- I ••• , .. PERSONAL & ADV INJURY s - 2 ,WVWJ GENl AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s R POLICY 0 r;rir □ LOC PRODUCTS • COMP/OP AGG $ 2.uuu,uuu OTHER: $
l,VTOMOBILE LIAIIIL!TY COMBINED SINGLE LIMIT $ fEa accident! -ANY AUTO BODILY INJURY (Per person) s
-OWNED - SCHEDULED BODILY INJURY (Per accident) $
-

AUTOS ONLY
-
AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accidenll - - $
Ul"iSRH L.~ LIAS Fl OCCUR '<UKJ203832-02 1/19/2023 1/19/2024 EACH OCCURRENCE $ I .000.0CX> B r7 1,000.000 E:>:cess LIAS CLAIMS-MADE AGGREGATE $ OED I I RETENTION s ✓ y
s
WORKeRs COMPENSATION I ~ffruTE I I OTH•
A.\tD £MPLOY£RS' Ll~ll fn" ER
Y/ 1,t

ANYPROPRIETOR/PARTNER/EXECUTIVE
□
).ti.I\ E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED?
(.IIE>nd•1ory in NH) E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE • POLICY LIMIT $ Ot SC.P.IPTl01'- OF !)PtR~Tk:>NS I \.OCA'nO,'-S I VE>:ICLt S (.ACORD 101, ~C.:m onS:I Remar, s Scheclule, m;1y be s tirlched 11 n"!Oo, sp~e is requif•, d) The City of La Verne, i ta of ficera, officials, employees, agent ■ and volunteers are named 41 in ■ ured as reepecta:
l:abllity arising out of dCtivities pertormed by or on behalf of the Contractor, products and completed operations o f the Contractor per attached forms CG2010 0704, CG2037 0704. Insurance is primary and non contributory per form AP5031US 0410. Waiver of subrogation applies per form CG 2404 0509 attached. ----... ,----- ------------ - _______ ., ____ ,
--CERTl~ICA7 E HOlDER _ _ _ _ ___ ___ _ _ _ _.....,_CANC EllATION ---------~- -----~ · I l11ldd• Nature ol ln1crc,1 A,ltl111<•11,1I ln,urcd
City ol l.11 Vl'nt.:

Vi(~) I) Strc<'l
I.:, Verne . CA 1ll 7 SO
__ L
ACO RD 2.S !2016/03)
S~IQlJU ) ANY Qf: 'T~ll: AQc;:>VI: 01:SCl\ 18£0 PQllCll:S 6£ CA,'lC~Ul:t> Qt;f:O"t HI!; 1:XPll';ATJQ,'I OA'TI: THERl:O1', McrTK:I: Will 81:: OHIVfi:ll£1) l'-1 A!;t;;OROA.'-Cl:: wm1 THI: FC>l..lCY Plle>VISIQ,'lS.
~Zlt~N?~
© 1966-201 S ACORD CORPORATI ON. A ll rlphb r4;1131irv4;1d, The ACORD name and lo g o are r11p1,t11r11d n;ar~ of ACOR D June 19, 2023 City Council Agenda Packet
242
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NON CONTRIBUTORY

ENDORSEMENT
This endorsement modifies insurance provided under the following:

ALL COVERAGE PARTS
Name Of Additional Insured Person(s)
Or OrAanization(s):
.. ... .. ,
If no entry appears above, this endorsement applies to all Additional Insureds covered under this oolicv.

Any coverage provided to an Additional Insured under this policy shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance apply on a primary and noncontributory basis.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.

AP5031US 04-10 Page 1 of 1
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June 19, 2023 City Council Agenda Packet
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POLICY NUMBER: 00126506-1 COMMERCIAL GENERAL LIABILITY
CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Oraanizationlsl: Locationlsl Of Covered Ooeratlons
Where required by written contract or written agreement: All operations of the Named Insureds,.

Information reauired to comolete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II - Who Is An Insured is amended to
include as an addilional insured the person(s) or
organizalion(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the localion(s) desig
nated above.

B. With respect to the insurance afforded to these
addilional insureds, the following additional exclu
sions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1. All work, including materials, parts or equip
ment furnished in conneclion with such work,
on the project (other than service, maintenance
or repairs J to be performed by or on behalf of
the additional insured(s) at the localion of the
covered operations has been completed; or

2. Thal portion of "your work" out of which the
injury or damage arises has been put to its in
tended use by any person or organizalion oth
er than another contractor or subcontractor
engaged in performing operations for a princi
pal as a part of the same project.

CG 2010 07 04 © ISO Properties, Inc., 2004 Page 1 of1 □ l
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June 19, 2023 City Council Agenda Packet
244
POLICY NUMBER: 00126506-1 COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Person Or Organization:

Where required by written contract or written agreement.

Information required.to comolete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV - Conditions:

We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.

CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of1 □ " " I ; ,I. ,, I
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June 19, 2023 City Council Agenda Packet
245
POLICY NUMBER: 00126506-1 COMMERCIAL GENERAL LIABILITY
CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s) Location And Description Of Completed Opera- Or Or11anization{s): lions
Where required by written contract All operations of the Named Insureds. or written agreement.

Information required to complete this Schedule, if not shown above, will be shown in the. Declarations.

Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury" or "property
damage" caused, in whole or in part, by "your work"
at the location designated and described in the
schedule of this endorsement performed for that
additional insured and included in the "products
completed operations hazard".

CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 □ ;
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June 19, 2023 City Council Agenda Packet
246
POLICY NUMBER: 00126506-1 COMMERCIAL GENERAL LIABILITY
CG20100704
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Oraanizationlsl: Locationlsl Of Covered Operations
Where required by written contract or written agreement. All operations of the Named Insureds.

Information reauired to comolete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s) desig
nated above.

B. With respect to the insurance afforded to these
additional insureds, the following additional exclu
sions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1. All work, including materials, parts or equip
ment furnished in connection with such work,
on the project (other than service, maintenance
or repairs) to be performed by or on behalf of
the additional insured(s) at the location of the
covered operations has been completed; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its in
tended use by any person or organization oth
er than another contractor or subcontractor
engaged in performing operations for a princi
pal as a part of the same project.

CG 2010 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 □ ,,
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June 19, 2023 City Council Agenda Packet
247
ACORD"' CERTIFICATE OF LIABILITY INSURANCE I

DATE (MM/DD/YYYY)
'-.----' 06/02/2023
~
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Heu of such endorsement(s).

PRODUCER CONTACT Tami Mason NAME: Global Risk, LLC
I f'_i-!Q~lf: - ··, (213\ 550-2250 I fffc Nol: PO BOX 607 E-MAIL
[email protected] ADDRESS: Hermosa Beach CA 90254 INSURERIS\AfFORDING COVERAGE NAIC#
INSURERA: Technolonu Insurance comnanv 42376
lNSURED lNSURERB: CICO ELECTRICAL CONTRACTORS INC
INSURERC:
365 WHIPPORWILL DRIVE INSURERD:

Riverside CA 92507 INSURERE:

INSURER F:

COVERAGES CERTIFICATE NUMBER·cert ID 3867 REVISION NUMBER•

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN JS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR TYPE OF INSURANCE
~"'
I~.';!~ ,&a,'5gr ~ff_ .!'3M%~ LIMrTS LTR POLICY NUMBER

COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE
' I CLAIMS-MADE □ OCCUR PREMISEs iEa occurrencel
'
~ MEO EXP fAnv one person\
' - PERSONAL & ADV INJURY
' GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE
' ~ POLICY □ rr&r □ LOC PRODUCTS- COMP/OP AGG $
OTHER:
' AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
~ fEa acciclenll
ANY AUTO BODILY INJURY {Per person)
'
~
OWNED - SCHEDULED BODILY INJURY {Per acclclenl)
' '-- AUTOS ONLY ~ AUTOS
HIRED NON-OWNED rp~~:~le~RAMAGE
'
~ AUTOS ONLY '-- AUTOS ONLY
$

UMBRELLALIAB
HOCCUR EACH OCCURRENCE $ ~

EXCESS LIAB CLAIMS-MADE AGGREGATE
' OED I I RETENTION $ $
WORKERS COMPENSATION x I ~f~nrre I I OTH-A AND EMPLOYERS' LIABlUTY y TWC4221019 03/02/2023 03/02/2024 ER Y/N ANYPROPRIETORJPARTNER/EXECUTIVE ~ N/A E,L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.l. DISEASE- EA EMPLOYEE $ 1,000,000 g~;~~~cr8~ ~12f PERATIONS below E.l. DISEASE- POLICY UMrr $ 1,000,000 ' $
DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Add!Uonal Remarks Schedule, may be attached If more space Is required) Waiver of Subrogation applies per the attached endorsements. 'I, ;, !
CERTIFICATE HOLDER CANCELLATION "I l''.

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WlLL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of La Verne :111
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3660 D Street AUTHORIZED REPRESENTATIVE
7a Verne CA 91750 t""" C-
ACORD 25 (2016/03)
© 19B8-2015 ACORD CORPORATION. All rights reseived.

The ACORD name and logo are registered marks of ACORD

Page 1 of 1 ends

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June 19, 2023 City Council Agenda Packet
248
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 0306 (Ed. 04-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT· CALIFORNIA We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a wri~en contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2% of the California workers' compensation premium otheiwise due on such remuneration.

Schedule
Person or Organization Job Description
Any person or organization as required by written contract.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below Is required only when this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective
Insured
Insurance Company
WC 04 03 06
(Ed. 04-84)
3/2/2023 Policy No. TWC4221019 Endorsement No. 0
GIGO Electrical Contractors Inc
Technology Insurance Company, Inc.
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June 19, 2023 City Council Agenda Packet
249
ACORD• CERTIFICATE OF LIABILITY INSURANCE I

DATE (MM/DOIYYYY)
______,
~ 06/02/2023

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR Al TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED

REPRESENTATIVE OR PRODUCER, AHO THE CERTIFICATE HOLDER
IMPORTANT: If the certifi cate holder ls an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rlahts to the certificate holder in lieu of such endorsemem(s).

PRODUCER CONTACT ... u.,. Orfa L. Bargas
Statefarm Adolfo Saldana, Agent !'.~~~n r -• 951-637-3100 I r2. Nn\• 951-637-0690 A .
7344 Magnolia Avenue ~~~~""· [email protected]
Suite 100 ljll"'"'ER ISl AFFORDING COVERAGE NAIC f
Riverside, CA 92504 wsuR£RA: State Fam, Mutual Automobile Insurance Company 25178 o'ISUR.EO
INSURERS•
Cico Electrical Contractors, Inc. INSURE/I C:
3S5 Whipporwill Drive WSUR!:RD·
Riverside, CA 92507 "''"'"ERE•
l\lCJIDCD F !
COVERAGES CERTIFICATE NUMBER· REVISION NUMBER·
THIS IS TO CERTIFY Tf!A"r THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 70 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. l'lOTWfrHS'TANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICA"TE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. li'ISR TYPE 01 N URANCf r,;i;>Pl-SUSR
PnUCY '"""'" "

POLICY EFF POLICY EXP
LIMITS
O"TD
CONM.RCIAL GE,'ll;RAL LIAfllLITY EACH OCCURRENCE $ - 0 CLAIMS-MAOE □ OCCUR DAMAGE TO RENTED r-- 1-eBEMlSfSJEa ~~ '"""'"' $
r-- MED EXP (Anv one oerson) s
r-- PERSONAL & ADV INJURY $
A 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _j
□ PRO- □ P""DUCTS. COMP/OP AGG . $ POLICY JECT LOC
, OTHER· s
1-UTO/,IOBILE Ll,\,1ULl7"r y y 592 3TT9-B10-75 06/02/2023 02/10/2024 _f~~!!!.~~.~INGLE LIMIT $ 2,000,000 - ANY AUTO 592 3781-810-75 06/02/2023 02/10/2024 BODILY INJURY (Per person) $ - 'x' SCHEDULED A OWNED BODIL y INJURY (Per accident) $ x

AUTOS ONLY
X ~~i~WNED 592 3782-810-75 06/02/2023 02/10/2024 HIRED r"ROPERTY DAMAGE $ AUTOS ONLY ~ AUTOSONLY - 592 3784-8 10-75 06/02/2023 02/10/2024 s UMS!lEL!.A ~IJ.S
r-lOCCUR "''"' ,.,,.,.,,PRENCE $ ,-
exctss u..e ~ I; Ar.r.REGATE s
n~n [ j ·~ s WOR:<£R& COMPU•sAno,,, l__llER .I ll~~ A,,\11) t"11'LO'ftl!S' UA1l1u rr It;WTJc.. _ ANY PROPRIETOR/PARTNER/EXECUTIVE u 1-1/ t, ~ 6.fACJj.ACQ!lWI _$ OFFICER/MEMBER e.,cLUDED? (M"-,do/o,".f In It}~ ..f,J..Jll~ ~ ~.f,M,f'J..Q.)'.Ei S II yes, describe under ' ._,_,., • ruc:et..c:e. t>f'M 1rv 1u1T s '"" A
Auto Liability
y '( 592 3786-810-75 05/02/2023 02/10/202A $2,000,000
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CITY OF SAN DIMAS

CITY OF LA VERNE

CONTRACT FOR SERVICES

FOR CROSSING GUARDS

THIS CONTRACT is made and entered into this 1 st day of July, 2023 by and between the CITY OF SAN DIMAS, a municipality, located at 245 E Bonita Avenue, San Dimas, California 91773, hereinafter referred to as “ SAN DIMAS ”, and the CITY OF LA VERNE, through its Police Department located at 2061 Third Street, La Verne, California 91750, hereinafte r referred to as “CITY”.

1. PREMISES:

1.1 The CITY will provide a crossing guard at the following location:

Juanita Avenue and Walnut Avenue

1.2 CITY will provide personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a Crossing Guard. The Crossing Guards are employees of the CITY, not SAN DIMAS.

1.3 CITY shall provide supervisory personnel to ensure that Crossing Guard activities are taking place at the required places and times, and in accordance with all items of this Contract.

1.4 CITY shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any Crossing Guard fails to report for work at the assigned time and location.

1.5 Crossing Guard services shall be provided by the CITY at the designated locations on all days in which the designated schools in the District are in session. CITY shall maintain communication with the designated school to maintain proper scheduling.

1.7 CITY shall provide all Crossing Guards with hand held Stop signs and any other safety equipment which may be necessary.

2. TERM OF CONTRACT

This Contract shall begin on July 1, 202 3 and continue in full force and effect through June 30, 2024, unless early termination occurs in accordance with the terms of this Contract or extended by written amendment to this Contract.

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3. PAYMENT AND MAXIMUM OBLIGATION

3.1 Payment. For the CITY’s full and complete performance of its obligations under this Contract, SAN DIMAS shall pay the CITY an amount not to exceed Eighteen Thousand Two Hundred Dollars ($1 8,200). Any work performed by the CITY in excess of this amount shall be considered as having been do ne at no additional cost to SAN DIMAS , unless the Contract is so amended by written amendment.

3.2 Invoices. The CITY shall subm it invoices in duplicate to SAN DIMAS (attention:

Accounts Payable) for payment in arrears of work being performed. Such invoices may be submitted as often as once per month and shall be paid by SAN DIMAS within 30 days of receipt.

4. INDEPENDENT CONTRACTOR

While performing its obligations under this Contract, the CITY is an independent contractor and not an officer, employee or agent of SAN DIMAS. The CITY shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of SAN DIMAS.

5. COVENANT AGAINST CONTINGENT FEES

The CITY warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon a Contract or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide established commercial or selling agencies retained by the CITY for the purpose of securing business. For breach or violation of this warranty, SAN DIMAS shall have the right to immediate termination of this Contract and, at its sole discretion, deduct from the contract price or cons ideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or commission fee.

6. INDEMNIFICATION

Pursuant to Government Code Section 895.4, CITY shall indemnify , defend, and hold harmless SAN DIMAS, its elected and appointed officers, employees and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, costs and expenses including attorney fees, arising from or connected with CITY’s acts and/or omissions arising from and/or relating to this Agreement.

Pursuant to Gov ernment Code Section 895.4, SAN DIMAS shall indemnify, defend, and hold harmless CITY, its elected and appointed officers, employees and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, costs and expenses including attorney fees, arising from or connected with the SAN DIMAS’ acts and/or omissions arising from and/or relating to this Agreement.

The obligations of this Section 6 shall continue in force even after the termination of this Agreement.

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7. ASSIGNMENT OR TRANSFER
The CITY shall not in any manner, directly or indirectly, by operational law or otherwise, assign, transfer or encumber this Contract or any portion hereof of any interest herein, in whole or in part, without the prior written consent of SAN DIMAS . If consent is not given by SAN DIMAS to assign, transfer, or encumber this Contract, such action shall be deemed automatically void. In addition, the CITY shall not subcontract the work to be perform ed pursuant to this Contract without prior written approval of SAN DIMAS . The names and qualifications of subcontractors or others whom CITY intends to employ, other than those identified, shall be submitted to SAN DIMAS for prior written approval.

8. REPRESENTATION OF SKILL AND CAPABILITIES

The CITY shall be responsibl e for its professional quality, technical accuracy, completeness, and coordination of the Work, it being understood that SAN DIMAS will be relying upon such professional quality, technical accuracy, completeness, and coordination in utilizing the Work for implementation of the Project.

8.4 SAN DIMAS shall have the right, in its absolute discretion, to require the removal of CITY’s personnel at any level assigned to the performance of the Services or Work, if SAN DIMAS considers such removal necessary in the best interests of the Project and requests such removal in writing. Such personnel shall be promptly removed fro m the Project by the CITY at no cost or expense to SAN DIMAS. Further, an employee who is removed from the Project for any reason shall not be re -employed by the Project. No SAN DIMAS employee or officer, except the Contractual Relations Officer, may authorize any Amendments to the Contract or revisions
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9. TERMINATION

9.1 Scope

SAN DIMAS and the CITY may at any time terminate this Contract, in whole or p art, for the convenience of either party or for default by the other party by giving the other party a written “Notice of Termination”. Upon receipt of such Notice of Termination, the parties shall cease all work immediately or on the date, if any, specified in said Notice of Termination, whichever is later, and thereafter take all reasonable steps to not incur additional costs associated with this Contract, exc ept those costs necessary to close -out business on this Contract. Additional costs sh all be paid if such costs are reasonable in amount and scope.

9.2 Termination for Convenience
If either party elects to terminate this Contract for its convenience, such termination shall be effective thirty (30) calendar days after delivery of said Notice of Termination to the other party, unless a later date is specified in the Notice of Termination. Thereafter, SAN DIMAS shall pay the CITY for services provided through the date of termination and for those costs determined which were reasonably necessary to effect such termination.

Thereafter, each party shall hav e no further claims against SAN DIMAS under this Contract pursuant to Section 3 of the Agreement.

9.3 Termination for Reason
Either party may terminate this Contract for reason of the other party’s default if: (a) a federal or state proceeding for the relief of debtors is undertaken by or against the other party, or (b) a receiver or trustee is appointed for the other party, or (c) the other party makes an assignment for the benefit of his creditors, or (d) the other party becomes insolvent, which shall be deemed to have occurred if the other party has ceased to pay its debts in the ordinary course of business or cannot pay its debts as they become due, whether or not the other party has committed an act of bankruptcy law, or (e) the other party breaches any material term or violates any material provision of this Contract and does not cure such breach or violation within ten (10) calendar days after delivery by the party to the other party of a written “Notice to Cure Deficiency.” The rights and remedies of each party set forth in this Subsection 9.3 shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract.

10. NON-DISCRIMINATION AND NON-SEGREGATION
During the performance of this Contract, the CITY agrees to comply with all Federal, state and local laws respectin g non -discrimination in employment and non -segregation of facilities including, but not limited to requirements set out in 41 CFR 60 -1.4, 60-250.4 and 60-741.4, which equal opportunity clauses are hereby incorporated by reference.

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11. FINGERPRINTING
During the entire term of the Contract, the CITY, including all subcontractors, shall fully comply with the provisions of the Education Code Section 45125.1.

12. NON-DISCRIMINATION

12.1 Employment
The CITY shall take affirmative action to ensure fairness in the manner that applications are accepted and employees are treated during employment without regard to their race, color, religion, age, sex, ancestry, handicap or national origin. Such action shall include, but may not be limited to the following : employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CITY shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the State setting forth the provisions of the Fair Employment Practices Act.

13. RECORD RETENTION AND INSPECTION
The CITY agrees that each party shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent records pertaining to this Contract. All records shall be kept and maintained by the parties consistent with each party’s document retention schedules.

14. FORCE MAJEURE
In the event that performance on the part of any party hereto shall be delayed or suspended as a result of circumstances beyond the reasonable control and without the fault or negligence of said party, none of the parties shall incur any liability to the other parties as a result of such delay or suspension. Circumstances deemed to be beyond the control of the parties hereunder shall include, but not be limited to, acts of God or of the public enemy, insurrection, acts of the federal government or any unit of state or local government in either sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes or delays June 19, 2023 City Council Agenda Packet
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in transportation, to the extent that such circumstances are not caused by the party’s willful or negligent acts or omissions, and to the extent that they are beyond the party’s reasonable control.

15. TOBACCO-FREE WORKPLACE
The CITY hereby agrees that its employees shall not smoke in any buildings owned or leased by the Bonita Unified School District.”

16. ALCOHOL AND DRUG-FREE WORKPLACE
The CITY hereby certifies under penalt y of perjury under the laws of the State of California that CITY will comply with the requirements of the Drug -Free Workplace Act of 1988 (Government Code Section 8350 et seq.) . CITY employees are prohibited from being under the influence of controlled su bstances or alcohol while on duty. Under the influence means that the employee's capabilities are adversely or negatively affected, impaired, or diminished to an extent that impacts the employee's ability to safely and effectively perform his/her job.

18. SEVERABILITY/WAIVER

18.1 If any provision of this Contract is determined to be illegal, unenforceable, or invalid, such act shall in no way affect the validity of any other provision in this Contract.

The captions and headings of the various secti ons of this Contract are for convenience and identification only and shall not be deemed to limit or define the content of the respective sections hereof.

20. ATTORNEY’S FEES
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If either party files any legal action or claim to enforce any provision of this Contract or resolve any dispute arising under or connected to this Contract, each party shall bear its own attorney’s fees and costs in bringing such an action and any judgment or decree rendered in such a proceeding shall not include an award thereof.

21. GOVERNING LAW/FORUM SELECTION
This Contract is made, entered into and executed in Los Angeles County, California, and any legal action, claim or proceeding arising out of or connected with this Contract shall be filed in the applicable court in Los Angeles County , California. This Contract shall be construed, and all disputes hereunder shall be settled, in accordance with the laws of the State of California.

To SAN DIMAS:

Chris Constantin, City Manager
245 E Bonita Avenue
San Dimas, California 91773

To CITY:

Chief Colleen Flores
La Verne Police Department
2061 Third Street
La Verne, California 91750

23. INCORPORATION BY REFERENCE

Any exhibits referenced herein shall be incorporated and made a part of this Contract.

24. NO THIRD PARTY OBLIGATIONS

The execution and delivery of this Contract shall not be deemed to confer any rights upon, nor obligate any parties thereto, to any person or entity other than the parties hereto.

25. ORDER OF PRECEDENCE

Except as specifically provided elsewhere in this Contract, conflicting provisions of this Contract shall prevail in the following order of precedence: (1) the provisions in the body of June 19, 2023 City Council Agenda Packet
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this Contract, (2) the exhibits of the Contract, if any; (3) all other documents cited in this Contract or incorporated by reference.

26. INTEGRATION

This Contract shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed and acknowledged by both parties hereto.

CITY OF SAN DIMAS CITY OF LA VERNE

By: ___________________________ By: ___________________________ Chris Constantin, City Manager Ken Domer, City Manager

Date: ___________________________ Date: _________________________

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AGREEMENT FOR AVIATION SUPPORT SERVICES

BETWEEN

THE CITY OF PASADENA
AND

THE LOS ANGELES INTERAGENCY METROPOLITAN POLICE APPREHENSION CRIME

TASKFORCE - JOINT POWER AUTHORITY

This Agreement for Aviation Support Services is entered into and shall become effective as of the date last executed by the parties below, between the City of Pasadena, hereinafter "PASADENA" and The Los Angeles Interagency Metropolitan Police Apprehension Task Force, a Joint Powers Authority, hereinafter “L.A. IMPACT."

RECITALS

A. L.A. IMPACT is a multi-agency, multi-jurisdictional major crime task force, organized as a Joint Powers Authority (JPA) in 2011 under Government Code section 6500 et seq.

B. PASADENA is a n active member of the JPA and supports the task f orce with both personnel and expertise.

C. L.A. IMPACT owns an Airbus (formerly Eurocopter) (“Airbus”) rotorcraft used to accomplish the mission and operations of JPA . PASADENA also owns and operates a fleet of aircraft, which is managed by the Pasadena Police Department Air Operations Section.

D. L.A. IMPACT seeks to enter into an agreement with PASADENA for general aviation support to manage and coordinate flight operations, plus hangar, maintain and service the L.A.

IMPACT rotorcraft.

THE PARTIES HERETO AGREE AS FOLLOWS:

1. SCOPE OF SERVICES. Upon execution of this agreement , PASADENA w ill provide aviation support services to the L.A. IMPACT as follows:

(a) Provide expertise and resources to manage, supervise, operate and maintain the L.A.

IMPACT rotorcraft. Aviation staff may include, but is not limited to, a police lieutenant, sergeant(s), corporal / chief pilot, tactical flight officer and mechanic. This staff is subject to direction of the L.A.

IMPACT Executive Director or their designee. Any and all personnel shall be subject to PASADENA rules and regulations regarding air support operations.

(b) Conduct regular and ongoing inspections and maintenance of the L.A. IMPACT rotorcraft in accordance with the applicable Federal Aviation Regulations, L.A. IMPACT requirements, and the Airbus Helicopter Maintenance requirements, including but not limited to:

i. Scheduled service, maintenance and inspections per recommended Airbus Helicopter factory intervals in compliance with applicable FAA regulations to be performed at PASADENA June 19, 2023 City Council Agenda Packet
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facilities, unless otherwise mutually agreed by both parties.

ii. Coordinate any u nscheduled maintenance , to be performed at approved, designated facilities when practical. PASADENA will evaluate all off-site repairs.

iii. Scheduled and unscheduled maintenance services shall be available 24 hours per day, seven (7) days per week, when practical.

i. Indoor, lighted facilities for the storage, maintenance and repair of the rotorcraft.

ii. Air crew facilities including locker room, lounge / kitchen, office space and equipment, personal vehicle parking.

(d) Obtain approval for the necessary parts and supplies including, but not limited to, general replacement parts, limited (finite) life parts and major service / overhaul c omponents. All parts and supplies will meet or exceed Airbus factory criteria or FAA regulations . Parts will be obtained directly from Airbus Helicopter, an Airbus Helicopter Service center, or an approved vendor. PASADENA will coordinate with L.A. IMPACT for direct billing whenever possible.

(e) Provide all the proper tools and equipment necessary to perform all servicing, inspections, and maintenance in compliance with Airbus Helicopter directives and recommendations. When applicable, such tools and equipment shall be those prescribed by Airbus.

2. COMPENSATION. L.A. IMPACT agrees to pay PASADENA the reasonable costs associated with the managing and operating of the rotorcraft as follows:

(a) Access to PASADENA heliport and hangar space at $800 (eight hundred dollars) per month.

(b) Hourly shop rate at $56 for technicians (or $84 for overtime) or $68 for senior technicians (or $101 for overtime) (subject to change depending on bargaining unit contracts).

(c) For expenses incurred directly through PASADENA, cost will include current market rate plus 10% administrative fee of any/all fuel and supplies for operations in support of L.A. IMPACT.

(d) Cost of any approved parts or components, plus 10% administrative fee, necessary for the operation or maintenance of the rotorcraft. When reasonable, anticipated parts or component purchases should be billed directly to L.A. IMPACT.

(e) A “management share” of quarterly asset forfeiture distributions for the management and supervision of the rotorcraft. Any funds shared per the JPA equitable sharing guidelines are not included in the $74,999 annual limitation detailed in Section 4.

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(f) Any additionally services and the associated fees will be mutually agreed upon by the parties.

3. FLIGHT OPERATIONS. The L.A. IMPACT rotorcraft is to be utilized solely on authorized operations and flown only by pilots endorsed by PASADENA. Upon approval of the Executive Director or their designee, the L.A. IMPACT rotorcraft may be used by PASADENA for o ther law enforcement activities during which an accounting of “credit hours” will be established. In the ev ent the L.A. IMPACT rotorcraft is unavailable, L.A. IMPACT may utilize (rent) a PASADENA rotorcraft for an operation. The cost may be traded in “credit hours” or at the following rates:

(a) Bell OH-58 - $418 per hour

(b) Bell 206 - $467 per hour

4. TERM. This Agreement shall remain in effect for a period of twelve (12) months from the effective date of this Agreement or until $74,999 (seventy-four thousand, nine hundred ninety- nine dollars) has been expended and/or reimbursed through this Agreement, whichever comes first.

This Agreement may be terminated by either party with an advance 90 (ninety) day notice. At such time as the Agreement is terminated, PASADENA agrees to provide L.A. IMPACT with all records and pre-paid parts related to the rotorcraft. L.A. IMPACT agrees to compensate PASADENA for any outstanding invoices or agreed costs. If this contract is not terminated or modified, it may be automatically renewed for a maximum of three years.

5. INSURANCE. PASADENA shall obtain and maintain a minim um of $20 million liability insurance policy on the rotorcraft consistent with the policies and practices of the Pasadena Police Department Air Operations. L.A. IMPACT agrees to compensate PASADENA for the annual costs of the insurance coverage.

6. INDEMNIFICATION. Both parties agree to follow the indemnification rules as outlined in the Joint Powers Agreement.

7. PASADENA NOT AN AGENT. Except as L.A. IMPACT may specify, in writing, PASADENA, its agents, employees and subcontractors shall have no authority, expressed or implied, to act on behalf of L.A. IMPACT, as agents or otherwise, or to bind L.A. IMPACT to any obligation.

8. FAIR EMPLOYMENT PRACTICES. PASADENA agrees that all persons employed by PASADENA shall be treated equally without regard to or because of race, color, religion, ancestry, national origin, handicap, sex, marital status, or age in compliance with all antidiscrimination laws of the United States of America and the State of California.

10. COMPLIANCE WITH LAWS. PASADENA agrees to comply with all State and Federal laws, rules and regulations, including FAA rules, now or hereafter in force, pertaining to the services performed by PASADENA pursuant to this Agreement in the operation of the L.A. IMPACT rotorcraft.

11. SEVERABILITY. Both parties agree that the invalidity in whole or in part of any provision of this June 19, 2023 City Council Agenda Packet
261
Agreement shall not void or affect the validity of any other provision.

12. ATTORNEY'S FEES. If any legal action, including an action for declaratory relief, is brought to enforce or interpret any of the provisions of this Agreement, each party shall bear their own attorney’s fees and costs of suit.

13. AUTHORITY TO EXECUTE. L.A. IMPACT acknowledges and represents that the person executing this Agreement on its behalf has the authority to do so. PASADENA acknowledges and represents that the person executing this Agreement on its behalf has the authority to do so.

14. NOTICES. Any notice required in this Agreement to be given to either party may be given by depositing in the United States mail, postage prepaid, addressed as follows:

CITY OF PASADENA L. A. IMPACT CITY OF LA VERNE
Eugene Harris Rigoberto Garcia Christy Lopez
Police Chief and JPA Board Member Executive Director Finance Director and Treasurer Pasadena Police L. A. IMPACT City of La Verne / L.A. IMPACT 207 N. Garfield Avenue 5700 S. Eastern Avenue 3660 “D” Street Pasadena, CA 91101 Commerce, CA 90040 La Verne, CA 91750

15. CALIFORNIA LAW TO GOVERN. This Agreement is entered into, and shall be construed and interpreted in accordance with, the laws of the State of California.

16. ENTIRE AGREEMENT. This Agreement contains the sole and entire agreement and understanding of the Parties with respect to the entire subject matter hereof. No other agreements not specifically contained herein, oral or otherwise, shall be deemed to exist or to bind any of the Parties hereto.

17. WAIVER, MODIFICATION AND AMENDMENT. No provisions of the Agreement may be waived unless in writing, signed by all parties. Waiver of any one provision therein shall not be deemed to be a waiver of any other provision therein. The Agreement may be modified or amended only by a written agreement executed by all of the parties.

CITY OF PASADENA

Dated:_______________ By: ____________________________ Miguel Marquez
City Manager

ATTEST:

___________________________
Mark Jomsky, CMC
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City Clerk

L.A. IMPACT

Dated:_______________ By: ____________________________ Rigoberto Garcia
Executive Director

APPROVED AS TO FORM: APPROVED AS TO FORM:

___________________________ _______________________________ Javan N. Rad Lisa A. Vidra
City of Pasadena L.A. IMPACT
Chief Assistant City Attorney General Counsel

REVIEWED:

___________________________
Erika Estrada Alvarez
Purchasing Administrator

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City of La Verne
Renewing Existing Contracts/Agreements Worksheet
This worksheet should be completed for every professional services contract or agreement that a department wishes to extend one year beyond the original, or amended, contract length, not to exceed five years from the original contract date.

Name of Vendor Inter-Con
Original Contract Dates July 1, 2022
Current Contract Expires June 30, 2023
Part I: Criteria for contracts to be renewed without formal or informal bidding procedures (up to a maximum of five years:

At least one of the following criteria must be met in order for a contract to be extended. Please indicate, by putting an "x" in the appropriate box, which criteria you are selecting. After selecting one of the three boxes below, please proceed to Part II.

Survey of other cities (minimum two), to determine if the service, product, and cost is acceptable
Any requested price increase for the upcoming fiscal year is equal to or less than the annual consumer price index ("CPI") for the local economic region (Los Angeles , Orange,
Riverside Counties) , for the year over year period of March of the current year
Statement indicating exceptional performance by the vendor or consultant, with specifics, X
siqned bv the Department Head
Considerations for renewing existing contracts:

1. It would take a significant amount of staff time to develop a Request for Qualifications/Proposals (RFQ/RFP), evaluate proposals received, conduct interviews, and select a proposer. This is also true for firms preparing proposals.

2. Certain consulting services are essentially an extension of our City staff. Strong working relationships developed over many years are invaluable to the organization.

3. Bringing on a new consultant, similar to a new employee, requires training, c ommunity exposure , operational introductions , etc. to gain familiarity with the community and our operating practices, which can take a substantial amount of time.

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4. Responsible City staff monitor services provided and review all invoices submitted by our various consultants and will question anything that appears unusual as part of our checks and balances .

5. City staff also maintains an awareness of services provided to and costs expended by other local agencies .

6. If the services provided meet our expectations and the costs are reasonable when compared to the services rendered , there potentially is no value added by seeking out a replacement firm.

Part II: Explanation if any box is checked in Part I above:

Please explain what supporting documentation you have that supports the box checked in Part I above . Please attach any survey data or CPI reports that support your conclusions .

Inter-Con Security continues to provide a valuable service, Over the years , the department has established a strong working relationship that allows the police department to oversee the performance of each employee supplied by the firm . The police department also controls several invaluable aspects that create an extension of our city staff. For example , the department manages the hiring and scheduling of each employee who will enforce parking violations throughout the City. As noted , the department manages the hours worked of each Inter-Con employee , which also provides the department scheduling flexibility during peak hours and seasons .

Lastly , the following are the listed considerations for renewing existing contract(s ):
1 . Significant staff time for RFQ/RFP .

2. Inter-Con is essentially an extension of our city staff with solid historical knowledge and professional working relationships . They are very familiar with police and local ordinances dealing with parking enforcement.

3. Bringing on a new firm would require considerable training and limit the department's control in the hiring process and other valuable measures .

4. Responsible city staff monitor services provided and review productivity logs submitted by Inter-Con , and holds Inter-Con employees accountable with any productivity that appears unusual as part of the checks and balances .

5. City staff also maintains an awareness of services provided to and costs expended by other local agencies .

6. The services provided meet expectations , and the costs are reasonable compared to the services rendered .

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Thank you for your consideration.

SAM GONZALEZ DATE

ACTING CHIEF OF POLICE
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City of La Verne
Renewing Existing Contracts/Agreements Worksheet
This worksheet should be completed for every professional services contract or agreement that a department wishes to extend one year beyond the original, or amended , contract length, not to exceed five years from the original contract date.

Name of Vendor Turbo data Systems , Inc.

Original Contract Dates 1/1/1994
Current Contract Expires N/A
Part I: Criteria for contracts to be renewed without formal or informal bidding procedures (up to a maximum of five years:

At least one of the following criteria must be met in order for a contract to be extended . Please indicate , by putting an "x" in the appropriate box, which criteria you are selecting . After selecting one of the three boxes below, please proceed to Part II.

Survey of other cities (minimum two), to determine if the service, product , and cost is acceptable
Any requested price increase for the upcoming fiscal year is equal to or less than the annual consumer price index ("CPI") for the local economic region (Los Angeles , Orange,
Riverside Counties), for the year over year period of March of the current year
Statement indicating exceptional performance by the vendor or consultant , with specifics, X
siqned bv the Department Head
Considerations for renewing existing contracts :

2. Certain consulting services are essentially an extension of our City staff. Strong working relationships developed over many years are invaluable to the organization .

3. Bringing on a new consultant, similar to a new employee, requires training, community exposure, operational introductions, etc. to gain familiarity with the community and our operating practices, which can take a substantial amount of time.

Worksheet for Renewing Existing Contracts/ Agreements Turbo Data Systems, Inc. Page 1 June 19, 2023 City Council Agenda Packet
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4. Responsible City staff monitor services provided and review all invoices submitted by our various consultants and will question anything that appears unusual as part of our checks and balances .

5. City staff also maintains an awareness of services provided to and costs expended by other local agencies .

6. If the services provided meet our expectations and the costs are reasonable when compared to the services rendered, there potentially is no value added by seeking out a replacement firm.

Part II: Explanation if any box is checked in Part I above:

Please explain what supporting documentation you have that supports the box checked in Part I above. Please attach any survey data or CPI reports that support your conclusions.

Turbo Data Systems, Inc. has provided an efficient and reliable service to the City of La Verne since 1994. They are aware of the specific needs and requirements of our city, and they are able to tailor their services to meet our unique needs. Their services allow city staff to process citations and appeals quickly and efficiently and their customer service makes them a valuable partner to work with . In addition to the existing partnership with city employees , they provide a service to our residents which allows for convenient and prompt processing of citation payments, administrative reviews, and administrative hearing requests.

Lastly, the following are the listed considerations for renewing existing contract(s):

1. Significant staff time for RFQ/RFP.

2. Turbo Data Systems, Inc. has a long-standing history working with the City of La Verne and has developed strong working relationships with staff since 1994.

3. Contracting with a new company would require a considerable amount of time and effort to establish a system that works with our specific parking rules and regulations.

4. Responsible city staff members monitor services provided and review all invoices submitted by Turbo Data Systems, Inc. Any discrepancies are investigated thoroughly .

5. City staff maintains an awareness of the services provided to and costs expended by other local agencies .

6. The services provided meet expectations, and the costs are reasonable compared to the services rendered.

Worksheet for Renewing Existing Contracts/Agreement s Turbo Data Systems, Inc. Page 2 June 19, 2023 City Council Agenda Packet
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Thank you for your consideration.

DATE

ACTING CHIEF OF POLICE
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City of La Verne
Renewing Existing Contracts/Agreements Worksheet
This worksheet should be completed for every professional services contract or agreement that a department wishes to extend one year beyond the original, or amended, contract length, not to exceed five years from the original contract date.

Name of Vendor RKA Consulting
Original Contract Dates July 1, 2022
Current Contract Expires June 30, 2023

Part I: Criteria for contracts to be renewed without formal or informal bidding procedures (up to a maximum of five years:

At least one of the following criteria must be met in order for a contract to be extended.

Please indicate, by putting an “x” in the appropriate box, which criteria you are selecting. After selecting one of the three boxes below, please proceed to Part II.

Statement indicating exceptional performance by the vendor or consultant, with specifics,
signed by the Department Head
X

Considerations for renewing existing contracts:

2. Certain consulting services are essentially an extension of our City staff. Strong working relationships developed over many years are invaluable to the organization.

3. Bringing on a new consultant, similar to a new employee, requires training, community exposure, operational introductions, etc. to gain familiarity with the community and our operating practices, which can take a substantial amount of time.

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4. Responsible City staff monitor services provided and review all invoices submitted by our various consultants and will question anything that appears unusual as part of our checks and balances.

5. City staff also maintains an awareness of services provided to and costs expended by other local agencies.

6. If the services provided meet our expectations and the costs are reasonable when compared to the services rendered, there potentially is no value added by s eeking out a replacement firm.

Part II: Explanation if any box is checked in Part I above:

Please explain what supporting documentation you have that supports the box checked in Part I above. Please attach any survey data or CPI reports that support your conclusions.

Consulting services for Building and Safety and Engineering are essentially an extension of City Staff. Key individuals have performed in roles (Building Inspector, City Engineer) that are traditionally staffed by City Employees. The institutional knowledge that these individuals have are vital to our department’s operations.

Monthly invoices are carefully reviewed by the Community Development Director and project planners, as many of the expenses are charges that are passed on to developers for specific projects.

An informal comparison of rates from similar firms show that the current rates charged to La Verne (both for internal projects and third -part projects) are the lowest (attached). While this analysis was completed in 2021, there has been no increase in RKA’s rate since then while it is possible others have gone up. An RFQ or RFP process most likely would result in significant increases in these hourly rates.

The services provided continue to meet our expectations, where there would be no value by seeking out a replacement firm.

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ClericaVAdministrative I
City of La
Verne BIiiing
Rate&
125.00
125 00
105.00

97.00 97.00
91 00
6600
81 00
41 )()
RKA
170.00
15000
140 00
125 00
115 OC
1150C

75.00 00-105
6000

FEE COMPARISON - ENGINEERING SERVICES
Wlldan
Engineering
215.00
185.00
185.00
165.00
143.00
122.00-127.00

90.00-106.00
106.00-127 .00

73.00-88.00
David Evons Chor1es Abbott HR Graen
225.00 175.00 230.00
165.00 155.00
195.00 135.00 185.00
165.00 132.00
132.00 132.00 135.00-155.00
115.00 115.00 100.00
100.00 80.00-90.00 85.00-110.00

95.00 95.00-135.00

90.00 45.00-57.00 55.00
lnfrutructure
Engineers
205.00
157.00
168.00
147.00
125.00
105.00
105.00-136.00

89.00-105.00

74.00 Clvlltec Trenatech
I 220.00 I 155.00-115.oo
192.00 140.00-170.00
188.00 140.00-160.00
170.00 120.00-145.00
128.00-163.00
100.00 100.00-125.00
105.00 115.00-135.00

80.00 60.00-65.00
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City of La Verne
Renewing Existing Contracts/Agreements Worksheet
This worksheet should be completed for every professional services contract or agreement that a department wishes to extend one year beyond the original, or amended , contract length , not to exceed five years from the original contract date.

Name of Vendor Withers and Sandgren
Original Contract Dates July 1, 2022
Current Contract Expires June 30, 2023
Part I: Criteria for contracts to be renewed without formal or informal bidding procedures (up to a maximum of five years:

At least one of the following criteria must be met in order for a contract to be extended . Please indicate, by putting an "x" in the appropriate box, which criteria you are selecting. After selecting one of the three boxes below, please proceed to Part 11.

Survey of other cities (minimum two), to determine if the service, product, and cost is acceptable
Any requested price increase for the upcoming fiscal year is equal to or less than the annual consumer price index ("CPI") for the local economic region (Los Angeles, Orange,
Riverside Counties), for the year over year period of March of the current year
Statement indicating exceptional performance by the vendor or consultant, with specifics, X
siqned bv the Department Head
Considerations for renewing existing contracts:

1. It would take a significant amount of staff time to develop a Request for Qualifications/Proposals (RFQ/RFP), evaluate proposals received , conduct interviews, and select a proposer . This is also true for firms preparing proposals.

2. Certain consulting services are essentially an extension of our City staff. Strong working relationships developed over many years are invaluable to the organization.

3. Bringing on a new consultant , similar to a new employee, requires training, community exposure, operational introductions , etc. to gain familiarity with the community and our operating practices, which can take a substantial amount of time.

Worksheet for Renewing Existing Contracts/ Agreem ents
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4. Responsible City staff monitor services provided and review all invoices submitted by our various consultants and will question anything that appears unusual as part of our checks and balances .

5. City staff also maintains an awareness of services provided to and costs expended by other local agenc ies.

6. If the services provided meet our expectat ions and the costs are reasonable when compared to the services rendered , there potentially is no value added by seeking out a replacement firm.

Part II: Explanation if any box is checked in Part I above:

Please explain what supporting documentation you have that supports the box checked in Part I above . Please attach any survey data or CPI reports that support your conclusions .

This consultant has been the City's Landscape Architecture firm for over 20 years (1999), with the principal , Lacey Withers , being the primary Landscape Architect for nearly 30 years (1994) . These services are essentia lly an extension of City Staff, as the review plans that are submitted , approve plans , and then inspect the work in the field just as a City Staff person would.

The majority of the work that they perform for the City is on larger projects that have deposits accounts , where the costs of the consultant are passed on to the applicant. The contract is only for hourly services, which typically is less than $5,000 annually. Invoices are closely reviewed by the Commun ity Development Director and Principal Planner.

The services provided continue to meet our expectations , where there would be no value by seeking out a replacement firm.

Department Head Signature AL--------::::::::-::---.-._
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AGREEMENT TO PROVIDE MAINTENANCE SERVICES
THIS AGREEMENT is made and entered into this --1.§L day of July , 2023, by and between the City of La Verne, a municipal corporation, hereinafter referred to as "City," and Econolite Systems, Inc. hereinafter referred to as "Contractor."

RECITALS
(A) City wishes to establish a contractual relationship with Contractor to provide services and materials on an on-call basis when needed by City; and (B) City has not determined the exact nature, scope, or budget for these services and materials at this time; and
(C) The City has qualified Contractor for providing these services and materials as to insurance and other provisions as specified in this Agreement; and (D) Contractor represents that it is a qualified and competent supplier of the services and items to be purchased under this Agreement.

IT IS AGREED AS FOLLOWS:

1. Scope of Services. The Contractor shall provide the following services:

A. Maintain, repair and respond to traffic signal knock downs and their related parts as requested by the City. Maintenance of the traffic signals is done as follows:

Fifty percent (50%) of traffic signals are serviced one month and the other fifty percent (50%) are serviced the following month. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor herein under in meeting its obligations under this Agreement.

2. Operative Date. The services of the Contractor shall be available upon the execution of this Agreement from July 1, 2023 through June 30, 2024.

3. Request for Services. City will request services pursuant to this Agreement and the Contractor and the City shall execute a purchase order specifying the nature and cost of the services to be provided for that specific request. Contractor shall acknowledge receipt and acceptance of the requested materials and/or services by signing a copy of the purchase order and returning it to the City within ten (10) days unless directed to reply sooner.

4. Nonexclusivity. Nothing contained in this Agreement shall be construed or interpreted as giving the Contractor any exclusive right or priority to provide any or all of the services described in this Agreement , and the City shall remain free to use its own forces or any other person to provide some or all of those services as the City may in its sole discretion determine best meets the City's needs and interests.

5. Compliance with Laws. The Contractor shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature, which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals June 19, 2023 City Council Agenda Packet
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which are legally required for Contractor to perform the services requested under this Agreement. If providing services in the City, Contractor shall maintain a City business license pursuant to the City Municipal Code.

6. Sole Responsibility. Contractor shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.

7. Accounting. The Contractor shall present to the City, at the close of each calendar month, an itemized invoice which describes all services performed during said month, classified in such a manner as specified by the City. The City shall pay the Contractor within thirty (30) calendar days of such invoice. Records of the Contractor's direct personnel, contractor and reimbursable expenses pertaining to the work and records of accounts between the City and the Contractor, shall be kept on a generally recognized standard accounting basis and shall be available to the City or its authorized representative at mutually convenient times. The City may withhold payment s for individual items if disputed. The City and Contractor shall make their best efforts to resolve disputed items.

8. Cost of Services and Materials. Pricing for those services shall be specified in the purchase order and attachments to the purchase order for the specific services and materials requested by the City. In no event shall a single purchase under this Agreement exceed a total of One Hundred Seventy Five Thousand ($175,000.00) during the effective period of this agreement.

11. Project Managers. The designated Project Manager is Clay Jarvinen, Maintenance Manager, who shall represent the City on all matters hereunder. He shall have the right of general supervision of all the work performed by the Contractor and shall be the City's agent with respect to the review, critique and approval of the services of the Contractor. He shall arrange for the orderly administration of the scope of services by the Contractor, including provisions for work authorizations and coordination of performance. The Maintenance Manager shall have the right to delegate supervision of certain projects and areas of the Agreement.

12. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to:

To City: Meg McWade, Director of Public Works
City of La Verne
3660 D Street
La Verne, CA 91750
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To Contractor: Econolite Systems, Inc.
1250 N. Tustin Ave.

Anaheim, CA 92807
or personally delivered to Contractor to such address or such other address as Contractor designates in writing to City.

13. Independent Contractor. It is understood that the Contractor , in the performance of the work and services agreed to be performed , shall act as and be an independent contractor and not an agent or employee of the City. As an independent contractor , neither Contractor nor any of its officers or employees shall obtain any rights to retirement benefits or other benefits, which accrue, to City employee(s). With prior written consent, the Contractor may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement.

The contractor warrants that it shall pay and withhold all payroll taxes and similar payments as required by law. Including state and federal income tax, state disability insurance premiums , social security taxes and unemployment shall maintain workers ' compensation insurance as required by law.

14. Nondiscrimination. Contractor warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Contractor does not and shall not discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation , ancestry, physical or mental disability , national origin, religion, or medical condition , unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act. In performing services under this Agreement , Contractor shall not discriminate against any applicant or designer on the basis of age, sex, color, race, marital status, sexual orientation , ancestry, physical or mental disability , national origin, religion, or medical condition.

15. Employment of Aliens.

A. Contractor warrants that it fully complies with all laws regarding employment of aliens and others, and that all its employees performing services hereunder meet the citizenship or alien status requirements contained in federal and state statutes and regulations , including , but not limited to, the Immigration Reform and Control Act of 1986 (P. L. 99-603).

B. Contractor shall obtain from all covered employees performing services hereunder , all verification and other documentation of employment eligibility status required by federal statues and regulations as they currently exist and as they may be hereafter amended.

C. Contractor shall retain such documentation for all covered employees for the period prescribed by law.

D. Contractor shall indemnify, defend , and hold harmless , the City, its officers and employees from employer sanctions and any other liability which may be assessed against CITY in connection with an alleged violation of federal or state statutes or regulations pertaining to the eligibility for employment of person performing services under this agreement.

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16. Background Check. The City, at its discretion, reserves the right to have employees complete a background check prior to working in any city facility. Costs associated with the background check will be paid by the City.

17. City Key Policies and Procedures. Keys will be issued to the Contractor and designated employees upon written approval from Department Head and Director of Public Works. A deposit of $100.00 is required for the first key and $50.00 for each key thereafter. Deposit is refundable upon return of the key. Lost or stolen keys require a replacement fee as established by the Director of Public Works. Individuals issued keys should be aware of security issues involved with the loss of city keys and should exercise responsible measures to keep keys secure. Access to city property is normally after city business hours with the exception of the Public Safety Facility and the Yard. Usual and customary business practices should be used to determine the hours that maintenance will be performed.

18. Insurance. Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, Contractor's agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's pricing.

B. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
i. General Liability: $5,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall be $10,000,000. ii. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.
iii. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident or disease.

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C. Deductibles and Self-insured Retentions
i. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, an defense expenses.

D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain the following provisions:
i. The City of La Verne, its officers, officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of La Verne, its officers, officials, employees, or volunteers, and shall be provided on Insurance Services Office Form CG 20 10 with an edition date prior to 2004, or is exact equivalent. Additional insured status for completed operations shall be provided either in the additional insured form or through another endorsement such as CG 20 37 with an edition date prior to 2004. ii. The Contractor's insurance coverage shall be primary insurance as respects the City of La Verne, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City of La Verne, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's Insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City of La Verne, its officers, officials, employees, agents or volunteers.
iv. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
v. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of recovery prior to a loss. Contractor waives its right of recovery against City.

E. Workers' Compensation and Employers Liability Coverage i. The insurer shall agree to waive all rights of subrogation against the City of La Verne, its officers, officials, employees, agents or volunteers for losses arising from work performed by the Contractor for the City of La Verne.

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F. All Coverage
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty days prior written notice by certified mail, return receipt requested, has been given to the City of La Verne.

G. Acceptability of Insurers
Insurance is to be placed with insurers with a Best's rating of no less than A:VII.

H. Verification of Coverage
Upon execution of this Agreement, Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the City. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

I. Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor . All coverage for subcontractors shall be subject to all of the requirements stated herein.

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20. Bonds. Individual job orders from the City may require performance or labor and material bonds in conformance with City's Standard Specifications. In any event, for any work or services ordered in excess of $75,000, Contractor shall provide, before undertaking any work on that project, a surety bond in an amount equal to at least one hundred percent (100%) of the contract price as security for the payment of all persons performing labor and furnishing materials in connection with this contract pursuant to State law.

21. Prevailing Wages. Unless otherwise authorized in writing by the City, Contractor shall comply with Labor Code Sections 177 4 and 1775. The current schedule of prevailing wage rates supplied by the State Department of Industrial Relations is on file and is available on the following website: https://www.dir.ca.gov /Public-Works /Prevailinq-Waqe.html. The City shall not supply copies of this schedule for posting on the job site unless specifically requested to do so by the Contractor. If the Contractor intends to use a craft or classification not shown on the general prevailing wage determinations, it may be required to pay the wage rate of the craft or classification most closely related to it as shown in the general determinations effective at the time of the purchase order. If the Contractor intends to use a craft or classification not shown, it shall notify the City at least five (5) working days before the execution of the purchase order. It is the Contractor's obligation to ensure that prevailing wages are paid in conformance with State law and regulations for projects subject to this agreement.

22. Contractor's Schedule of Fees. This agreement is essentially a "time and materials" contract. As such, Contractor agrees to provide services, including labor, equipment and material mark-ups, per the rates shown in Exhibit A of this agreement. The only modifications to Exhibit A during the effective period of this agreement shall be with respect to labor rates and prevailing wage requirements as noted in Section 21 of this agreement.

23. Time of the Essence. Prompt delivery of the services and materials is essential to this Agreement.

25. Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of the Agreement.

26. Modifications. No modification, waiver, termination, or amendment to this Agreement is effective unless made in writing signed by the City and the Contractor.

27. Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect.

28. Entire Agreement. This Agreement sets forth the entire understanding between the parties.

29. Authority to Enter into Agreement. Each Party represents and warrants that it has the right, power, and authority to enter into this Agreement, to become a Party hereto, and to perform its obligations hereunder.

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This Agreement shall be effective from and after the date set forth below and opposite the respective signatures of the parties. The operative date of this Agreement shall be July 1, 2023 to June 30, 2024.

Date: ------------
Attest:

Lupe Gaeta Estrella, Assistant City Clerk

CITY OF LA VERNE
A Municipal Corporation
Tim Hepburn, Mayor
Econolite Systems, Inc.

BY.t-:::::~ ±-.:---~~-=------
Regional Vice President
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Exhibit A
Contractor's Schedule of Fees
July 1, 2023 through June 30, 2024
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1,CC!,_,RD• - I CER-rlFICATE OF LIABILITY INSURANCE
DATE (MM/00/YYYY)
07/14/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER . THIS

IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.

PRODUCER CONIACT
Marsh Risk & Insurance Services NAME:
17901 Voo Karman Avenue, Suite 1100 r.~~N,t c .. ,. I rffc Nol:
(949) 399-5800; License #0437153 !~o"J~u-Irvine, CA 92614 INSURER!Sl AFFORDING COVERAGE NAIC#
CN119180939-Econo-GAWU.-22-23 INSURER A : Federal Insurance Comoanv 20281 INSURED INSURER B : National Union Fire Ins Co Plttsbul'Qh PA 19445 Econollte Group, Inc. 1250 N. Tustin Avenue INSURER C : N/A N/A
Anaheim, CA 92807 INSURER D : N/A NIA
INSURER E : NIA NIA
INSURER F :

COVERAGES CERTIFICATE NUMBER· LOS-002390392-22 REVISION NUMBER: 9

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1rsR TYPE OF INSURANCE POLICYEFF POLICY EXP LIMITS TR POLICY NUMBER IMM~n,vvv,n IM A X COMMERCIAL GENERAL LIABILITY 36075748 06/2712022 06/27/2023 EACH OCCURRENCE $ 2,000,000 - D CLAIMS-MADE 0 OCCUR - PREMISES /Ea occurrence\ s 300,000 MED EXP (Any one oe,.on) $ 5,000
-
PERSONAL & ADY INJURY s 2,000,000 ,__
4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ P1 POLICY □ ~~ □ LOC PRODUCTS -COMP/OP AGG $ 4,000,000
OTHER: s
A AUTOMOBILE LIABILITY 73628715 06/2712022 06/27/2023 fe~~~d~~tflNGLE LIMIT $ 2,000,000 ,__ X ANY AUTO BODILY INJURY (Per pelOOn) $
-OWNED - SCHEDULED BODILY INJURY (Pe, accidenl) s ,__ AUTOS ONLY AUTOS X HIRED x NON-OWNED ip~~~&;~~RAMAGE $

AUTOS ONLY
-

AUTOS ONLY
$
t:! X UMBRELLA LIAB MOCCUR 036022516 · 06/27/2022 06/27/2023 EACH OCCURRENCE $ 1,000,000 -
EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000
OED I X I RETENTION s 10 000 s
A WORKERS COMPENSATION 71ijJo!S4J IIJOldUJJlJ X I ~~fTIIT~ I I OTH-ER AND EMPLOYERS' LIABILITY YIN 1,000,000 ANYPROPRIETOR/PARTNER/EXECUTIYE 0 E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? N/A 1,000,000 (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ ~liMw'i~~ ~/OPERATIONS below E.L. DISEASE - POLICY LIMIT s 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Ramarb Schodult, may bt attached If more opaca la rwqulrod) The City of La Verne, Its officers, officials, employees, agents and volunteers am Included as additional Insured (except workers' compensation) whem required by written contract. This Insurance is primary and non~nlributory over any existing Insurance and limited to llablllty arising out of the operations of the named Insured subject to policy terms and conditions. Waiver of subrogation Is applicable where required by written oontract and subject to policy terms and conditions.

CERTIFICATE HOLDER
City of La Verne
Attn: Daniel w. Keesey, Director or Public Worxs
3660 DStreet
La Verne, CA 91750
ACORD 25 (2016/03)

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THI:: 1::XPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCI:: WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
© 1988-2016 ACORD CORPORATION. All right& reserved.

The ACORD name and logo are registered marks of ACORD
June 19, 2023 City Council Agenda Packet
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•
-Policy Number:73628715
•

COMMERCIAL AUTOMOBILE
THIS ENDORSEMEN)" CHANGES T,HE POLICY. PLEASE REA.D IT CAREFULL,Y.

COMMERC.IAL AUTOMOBILE BROAD FORM_ ENDORSEMENT
This endors~m.ent n,pqifi¢~ ) i1s1Jfance pfo'(lged, under th,efollowlng ;.

BUSINESS AUTO COVERAGE FORM
This endorsement modifies the Business Auto Coverage Form.

1. EXTENDED CANCELLATION CONDITION
Paragraph A,2.b. - CANC!:LLA TION - of the
COMMON .POLICY CONDITIONS .form IL 00 1 Tis
deleuid.1:109,repJaced with the fol'9\Ving:
-b, 6:0 c:lgys before the effective date of ca~cellatlon If w.e cancel for any other reason. . · .. .

2. BROAD FORM INSURED' •. ·. ·.

A. Subsidiaries arid Newly Acquired or Formed
Orga11lzatlons As Insureds
The Na,ned Insured shown In the Declarations Is
amended to Include:

1. Any legally Incorporated subsidiary in which
yo~ O\V? ri10r'f thcitj 5:0% (:if the vot_lng-eto,ck.on the effectlva·date oHt\e' Coverage Form.

However, the Named Insured does not 1nc1ude
any subsidiary thaf19 an •insured" und_.r ~tjy
other automobile policy or would be an
•1ns,~re4~ !.lrid~rs~~;ka,poll~ but t9r !ts
termlnat10n or the exhaustion of Its Linilt bf
Insurance.
2: Ariy'c,rganlzatlon thafls at:quired or formed bY
you.and over which you nitiiritain majority
ownership. How~ver,·the Named Insured
does not include any newly formed or acquired
organization:
(a) That Is an •1ns1,1~• under any other
automobile poi1c9;
(b) That has exhausted Its Limit of Insurance
under any otheYpolicy; or
(c): 180 d~ys cir niore after Its acquisition o·r
formation by you.unless you have given
us written notice of the acquisition br
formation.

Coverage does not applr, to "bodily lnjurf or
·e~perty d,mage• tnaf.1'&8.~lts from a~ •acc1g~r
that occurred before you formed or acquired the
organization.

Bi Erilployees as Insureds
Paragraph A.1. -WHO IS AN INSURED - of
SECtJON 11- LIABILITY COVERAGE Is amended to
add 'tl'ie following:
d, Any ·employee· of you11J wtine ualng •
covered •a1.rtq~ you don'1 owr1, hire or
borrow In .yourbuslness or your personal
affairs.

C. Lessors as Insureds
f>aragraph A.1, -WHO IS AN. INSURED - of
SECT.10,N 11.:..LIABILITY COYE~AGE Is
amend.ad to add the following:
-e, Th~l~9 f ¢ a pc,verecj
11 a1rtP• wttne, the
•aQ~w ~J,!i9ed_~ -yo1(µ1lder, • written
agreement If:
(1) The agreement requires you to
provide direct primary Insurance for
the lessor; and · · .-.
(2) Ttt,~.:itc:>•l~I~ wlih®tS diiver.

Such 1~&),cf•ai;rto•:wlll b•·c.orwlditrfd a
~l~'w,.Y.!>~-a,vn• •nd._n9Hi)~v~i.;d
H' ,!c< ef:lt-.. i'6880r'la~ 'n.•1r1surea· C)nr ~ . !,, . , ,, , .,. ·., y for "~Uy ~Jury" or •pro~rJ.ydiif11,ge•
restilting'frbm the acts or omls-slons by:

1. You;
.,2. Aj)'t,J,f. yc>~t "er.nploye8'••~ <-g!$(!1s;
cir

3. Any person~ exceptlfie lessor or
a1y",rn ,pl9)'G$• ,or _,g~9t;pf te . 1~sor,:or,erat1ng an ·•aµto~: with Jhe permission oUmy of 1. and/or 2. -
above.

D. Persons And Organizations As Insureds
Under A Written Insured Contract
Paragraph A 1 -WHO IS AN INSURED - of
SECTION 11-.LIABILITY COVERAG'E is
amended to add the following:
f. Any person or organization with re-spect to
the operation, maintenance or use ofa
covered ·IJL!IO", provided that you t1r'id
such person or organization have agreed
under an express provision In a written
"b.isurect!;o~~c;r;; wrjtbNi ~g~meiit QI'_.
wrftten·peni'llfl~sued to you by a
tjove'iril'nental·· ot public'authcirltXfo'add
~uch' person or organization t'o this policy
es·en "li'\$1.rici": ·
However, .such person ot organization Is
on "Insured" .only:

Fe>tni: 16-02-0292 (~ev. t1-16,) . . Page 1 of 3
"Includes qopyr\ghted material of lns~rapce $ervlces Office, Inc, with Its permission" June 19, 2023 City Council Agenda Packet
305
(1) with respect to the operati6n,
maintenance or use of a covered
•auto•· and
(2) tor -t,c;<IDy.inJurt Of•property damage•
caused byan •acctdenf'whlciltakea
place .after:
(a) You executed ihe insured
contract" 'orwn«en •Qreeniern; or
(b) The permit has been:Issued to
you ..

3. FELLO.W EMPLOYEE .COVEAAGE
EXCUJ.SIOl'fB.5. - FELLOW EMPLOYEE - of
SECTION 11- LIABIL.ltY COVERAGEdoe.s not apply.

4. PHYSICAL .DAMAGE-ADDJTIONAL TEMPORARY
TRANSPORTATION EXPENSE .C.OVEAAGE
Paragraph 'A.4.a. -TRANSPORTATION EXPENSES
- of SECTION Ill - PHYSICAL DAMAGE
COVERAGE is amended to provide .a limit of.$~0 per
day .for temporary transportation expense, subject to a maximum limit of $1,000.

5. AUTO LOAN/LEASE GAP COVERAGE
Paragra,pl) A. 4. - COVERAC~E EXTENSIONS - of
SECTION 111-PHYSICAL DAMAGE COVERAGI: is
amendtfd !o add the followlng:
c .. Unp~ld. Lo~n or L~ase Amounts
lnthe.~nhtafuta1 ·•1pes".io.a.cove""d~au{o~cJ 'W8wlll
pay any. unpaid amount' du.eon the.toari or leasb for a co~ "auto· minus::

1. The amount paid under the Physical Damage
Coverage Section of the pollcy; and

2. Any:
a. Ove,rdue IMn/lease payments at the time of
the ·loss•;
b. Flnanclal penalties Imposed under a lease for
excessive use, abnormal wear.and tear or
high mJleage;
c. Sec,Qrity deposits not ~t.1,1med. by tt:ie le~sor:
d. CostsJor extended warranties, Credit LJfe
Insurance,. Health, Accidento.r.Di§Sb.lllty
insur.ince purchasect with theJQan o.r lea.se;
and
e. Carry-over balances from previous loans or
leases ..

We will pay for any unpaid amount due on the loan or
lease if cal!sed by:

1. Other than Collision Coverage only if the
Declarations Indicate that Comprehensive
Coverag.1,: ia provided for any covered •auto•;

2. Specified Ca1.1ses of Loss Coverage only if the
Declarations indicate .thatSpeclfled Causes of
Loss Coverage Is. provlcl~ (or. anrcover,d •auto•;
or

3. Collis,l~ri Coverage.only iHne Oecla.ratlonsJndlcate thatCollJslon Coverage Is provided for any
cover~cf"'auto.

6. ~ENTAL AG'ENCY EXPENSE
Parag(ap.h .A. 4. - COVE~AGE EXTENSIONS~ of
SECTI.ON UI - Pl:iYSICAL DAMAGE COVERAGE
ls amended to add the following:
• ct Rental Expense
We win·.pay;1he following expenses that you or
any ot.~ur "employna• al'8 legally obl[gated
to pay because of a wrltten .contract .or ·
agreement entered lnto for use ofa rental
ve~l:Cle in the conduct.of yo.ur bOsin.ess:

MAXIMUM WE WILL PAY FOR ANYONE
CONJ~ACT OR AGREEMENT:

1. $2,500 for loss of lncc,,me lncµrred by the
.ten ta I ·agency during toe period oftlme:thal
vehlcif.l is out ofu.se t>ecauae;.c,f actual
damage;to, <>r •toss•c>f; tMtYElhlclEi, .. lncluding
ln~me: lost due tp absence of that vehicle for
use ~ .a replacement;
.2. $2,,$00 for decrease tn trade-In value of the
rental vehicle. because o.f actual dam,age to
that vehicle arl&lnQ out of a covered "loss•; and

3. $2,500 for administrative expenses Incurred
by the..rental agency; as stated In the contract
or agreement.

4. $7,500 maximum total ampunt fcir paragraphs

1., 2. and .3. ~mblned.

7. EXTRA EXPENSE .... BROADE,NE_p CQVERA(iE
Paragraph A.4. - COVERAGE EXTENSIONS- of
S.ECTION 1.11- PHYSICAL DAMAGE COVl=RAGE
ii}amended to add the following;
e. J~e,co~ory ~xpol'.\se
We will pay for the e;icpenseof returning a
.. ·~tolen covered •auto• .to you.
8, AIR~~G COVERAGE
Paragr.iph B.3.a. - EXCLUSIONS·~ of SECTION
111--PHYSICAL DAMAGE COVERAGE doss not
apply to the accidental or u.nlntended discharge of
an airbag. Coverage Is e~cess. over any other
colle.ctlble Insurance or warrantysp&ciflcally
deslgoed to proylde this coverage·.
~. AU.O1O,, VISUAL AND DATA ELECTRONI .C
EQUIPMENT - BROADENED C.OVERAGE
Paragraph C.1 ,b. - LIMIT OF INSURANCE - of
secr.iON 1n -PHYSICAL. DAMAGE Is deleted
a'od ~e~l~cedwlth the, followfng:
b . .$2,000 is tbo mo.st we.will pay.for "loss." lry any one "accident" to all electronic equlpmentthat
,reproduces. receives or transmits audio, visual
o'rdata.slgnals which, at the time of"loss•, Is:
(1) PermaneritlY, installed 1h or upon the
covered "auto• in a housing,.openlng or
other location tha\ Is not nor~aJly used by
the "auto• manµfactµrer fQf V\8 Installation
ofsuch equipment:
(2) . RemovablE!, fro111 a perm~ni:intly r~talh:1d
hous.lng unit as descrlbEid.'. ln,.Parsagrf.iph

2.a. above or Is an lhteg:ralipart of.that
equtptrtent ot ·
{3J An lhtegral pintof such equipment.
10, GLASS REPAIR - WAIVER 'OF· DEDUCTIBLE
Form: 16--02--0292 (Rev. 11-16) Pag~ 2 of 3
"Includes copyrighted material of Insurance Services Office, Inc. with its perrnisslon~ June 19, 2023 City Council Agenda Packet
306
e
Under Paragraph D. - DEDUCTIBLE - of
SECTION Ill - PHYSICAL DAMAGE COVERAGE
thiffollowing is adcfed: .

No.d.edudlble appl~s'to.glassd.ar:nage;ifthe glass
Is rep·alred rat.hefthan. repla.ced.

11. TWO. OR MORE DEDUCTIBLES
Paragraph 0;_. OEDUCTlaLE - of SECTION Ill -
PHYSICAL DAMAGE COVERAGE Is amended to
add the· followlng:

If this Coverage Formand any other Coverage
Form or policy Issued.to you·by us that is not an
aufomoblle,pol!py or c9ve~ge Form applle$ to the
same,•aecldenr;. th'eJollowlng appl~s: .

1. lf the deductlbie undar this. Buslness.:Auto
Coverage FcfrrrrtlsJhe S\'lll'lller (or smallest)
deductible, ltw.111.be W(llv;ed; or

2. If the deductible under this Business Auto
Coverage Form Is not the smaller (or smallest)
deductible, It will be reduced by the amount of
the smaller (or smallest).deductible.

12.,AMENDEO. DUTIES IN THE .EVENT OF
· Ac~1DENT, cLA1M,,tv.ir OR i..o~s .

Paragraph A.2.a. - DUTfES.IN' THE. EVENT OF.

AN ACCibENT, CLAIM/ SUIT OR LOS$ cif
$.ECTION IV· BUSINE~S AUTO CONDITION.$ Is
deleted and replaced with ths following:
a. In the ev.ent of.-.accld.enh claim, •suir Qr
•1oss', you must promptly notify us when the
· •accident• Is known to:
(1) You or your-all.lhorized. representative, If
you·are an Individual;
(2) .A partner, or any.!'luthorl;z:ed
representative, lfyou ,are a partnership;
(3) A member, If you are a limited liability
company; or
(4) An executive <;>fficer, Insurance manage~.
or authorized representative, If you are an
organl;z:ati_oq_cother th.~n a partnership or
limited l~blllty cornpar:JY·
1$howledge ;(:,fan 1'.a..cc.ld.~nt•, cl.aim, •~1,1lr or "k>ss•by other persons ~f.oes not lmply,that'the
perspns lfsted.abovE,rl:la.ve sµch kno\Vledg~;
Notice to us should Include:
(1) How, when and wt,ere the •accident" or
"loss" occurred;
(2) The "lnsure:d'•• name and address; and
(3) To the ·exteotposs,lple, the names and
add.resse~.of any Injured persons or
,wltliesses:. .

13., ~A!VE~ 'OF suaa.(?<:tlfr:tO;~ .. . . .

Paragr~ph A;5, • TRA~SfEf{ OF RIGHT$ .. OF
RECOVERY AGAINSTiOiHERS TO US of . .

SECTION IV - BUSINESS AUTO CONDITION$ ls
del.eted.and replaced with the following:
5, y,Je wfll waive th.e rl9tit of recovery Y-!e wou~
otherwise ha.ve a.gairi~t another pe,:spn.or
organlzatlon'ror'•io8.8";lp whleh this lnsul'$Jlce
EI_Pp·it.es, provtd$d the •~ured~ ha$ wa~d
·their rights of recovery against such person or
·orgahlzatloh under a contract or 1;1greement
that Is entered into before such -1oss~.

TQ. the ·extent that ~e "Insured\,~ rlg_httrto
recover damages for-all or Part ofaliy
payment made.under this lnsuranqe has not
.been walv~. those· rights are· transfen:ed to
u.s. Th.at person or organliatlon rnustqo
everything necessary to secure ourrtghts and
must do nothing a1ter·•accldenr Qr •1oss'.' ti:>
lmpalr.them .. At our request,.th.e Insured will
brll']g suit or transfer ttrose. rights· to ,us and
.help us e.nforc1:1 the.m ..

14. UNINTENtlONAL:FAILURE to 01.SCLQS,e. HAZARDS . . . .

Paragraph B.2. - CONCEALMENT, .

MISREPRESENiATION or FRAUD. o.f SECTION
IV - ·suSJN ESS AUTO CONDITiONS - is deleted
and. replaced with t!le following:

If yo1.1 unintelltignaUy faU. to disclose any ha;io;<Jrds .. e,~lstlng aHhe: lnpeption da~e of yovr polipy, we.: ~11 .ns9,t void coye,rage ·1.mdflr'lpls Cqverag~ form
b~9flUSe ofsuch •faHure.
1S. AiJT.Q$ .R.ENTEP BY EMPLOYEES
Paragraph B.5. ~ OTHER: INSURANCE of
SECTION IV - BUSINESS AUJO CONDITIONS·
is. am.e.nded to add the folio.wing:
e. Any•al.!to; hire.ct or ~ri~ by YQur •e.rnpJoY"·
on your behalf.and .at yourdlrectlon w»t be
~11•lden1,d·11,n •11ulp.• you,hlr:t,. If art
·emp!oyt,~J's~ p&Jl!Qmll li1au~ .,1e,C?, appll"
onan excea.sbaslsto·a ep~red,"auto· hired
or rentecf by Y9Uf "empi9.)'H" pn yoµr ~htJif
and .at your dlrectjon, ttils lnsu(ance will,be
primary to the "employee's" pel"!lonal
Insurance.
16 HIRED AUTO - COVERAGE TERRITOffY
· Pal'!'lg~aph rit.b :ts). ~ PO.LICY PER,10D1,
COVE8AGEiTERRITORYofS/:CTl()~Jv ...
al.isl NESS Aur6 CONDITIO,NS rs.'d.eie,Ied.,a,nd
repiaced with the folloY{ln~: . .. . . . •.
(5)A CXWare.d •euto~ .of:ttie prlvilte;p,Jqen~r
tyPE! Is leased,, hired, rented o~ bonowed
without a driver for a period of 45 days or
!esl3.; an·d
11, RESULTANT MEN.TA~ A.~Gl)l$H COVE.RAGE
Pa!'8g~aph C. ~f-$!;CTION V.-:-· PE_FlNITIONS'is
delete~ a.net r~plac~q l?Y tile. t9ll~lng: , .. ·
~~OdUy lriJ~ m~i.b!>dllf)11Jury; ,1e1<n~ss ,pr
dlsease,$4st,aln~ t>y (;liJY pe.rsoo; lnc.fuc!li:Jg
me.ntal ang4ls~ or dealt,I as a reslllt of tll~ •6~11y
injury• sustalnecl by tha~ person,
For.m.: 1 s-02-02~.2 (Rev. 1t-16) . Pc1g~ 3 of~
"Includes copyrighted material of Insurance Services Office, Inc, wllh_. lts permission June 19, 2023 City Council Agenda Packet
307
•
CHUBB• Polley Conditions
Enaorsement
Po/Icy Period JUNE 27, 2Q22 TO JUNE 27,-202~
~ffe,c;f/vs Oats JUNE 27Jo::Z:i'
Po_flcy Number •3601-51-48 N'BO
-lns11~ ECON:<)UfaGRO.Ul! INC.,
Nsms of Company FEDERAL INSURANCE CX>MPANY
O~ts tssued JUNE:2~(20.212
This Etido~t a11pll~ to the followingfoi'Im!
COMMON POLICY CONDfflONS
con.dlt/ons
Noti<:JJ 01 Cance/fatio'n
To.Sgh~du!edPerson$
Or Organ/zst/ons When
We CBiJcel
,Polley C(,ndition,
Under O>ndttio.ns,thc:foilow!IiA condition 11:addcd;
· When we cancel tliis'l)Olicy. for any reason,; othei'thiufoon-payfueot tif1)reinhim;,we will notify petson(~J-oi orx•anizatl:on(li) shown>intbc-Schcduleat least 60 dayflli:aav-anc~ ohhc cancellatfoa, date, ,. -· - . .

Any failure by us to-notify such l)Cl'8Pt1(s) or orxanization(s) will not:
• itppQsc ,1,1i:,:y tlabJllty or o~Ugatl~!l pt ~Y ~ 11_p0i:, us; or. • :inv.alldate ~ch cancellation.

Peraoil(s)or ~anlzatk>ri(a): IF YOU ARE OBUGATED, PURSUANI TO A WRITmN

CONTRACT OR

AGREEMENT, TO PROVJPE PERSONS OR ORGANIZATIONS
WllH
NOTICE OF ~~TION, .Tl{$ WEW'Il1.NOJ,'IFY sum
PERSONS OR.ORGANIZATIONS
PROVIDED THAT WITHIN 15 DAYS OF THEDATEWESENn:

NOTICE OF CANCEU.ATION :ro ~THEFIRST'NAMED
.INSUREI),
N~ a eanc.Hation To 'Scli.du/MJ Plll'fKiiil Or ~lion, • 60 0..ya {~P1No,)-Paym11nt Of~) .

June 19, 2023 City Council Agenda Packet
308
•
f;ondltlons
(cont1nt1td)
Pe&,ln(s) or Organization(s)i TIIE PIRST.NAMED'lNSURED ()I(J,>RODUC8R01HWCORD . . . .•.. PROVIDBS US WITH A SPRBADSHEE'( ··.

AUtliOl1Z8d Rs"""ntatlVs
CONTAININGTIIB.NAME, MAILING ADDRESS AND; IF
It V AILAl3LE,
.B-UAU., ADDRESS QF nm PERSONS OR ORGAtW-ATION:S.

June 19, 2023 City Council Agenda Packet
309
-
•
CHUBB• Liability Insurance
Endorsement
:f'olfcy Period JUNE 27,2022 TO JUNEZ7, 2023
'J;ffectfvs bate JUNE 27; 2022'
Policy Numb!J,r 3607-57-48NOO
.Insured ECONOUTEGRQUP mt.

Name of Company· FEDERAL INSURANCE COMP.ANY'
l)~te Issued JUNE 29; 2022'
This &dotsemerit llJlPllCS to the 'fQPowinR fonm:

GENERAL UABILITY.
· Under InvesdRatlon, Defense And Settlements,:the followin~ proV1$ic>oliJ added:
ltJVIIStigat/on, Dsf•n'Q With respect to any claim for ~es arisiDRoutof YOUf,Califomia ~ons:

And Sett/emsnts
A. Ha conflict of int.crest ariseawhich crea~ a duty on 01:1q>art to provide the Insured independent coun§e}; we will provide stich counsel unlesa, at the time we inform the insured of the''l>o~ble coiifllct. the· IJoored expressly wiiive&;iri wrliffi~;··tJier/:ght ohuclfoouoset B, When the lnslilred has selected indepetidenfcounsel:

L we·ieQu~ that the selected counselbave aHeasrftve yoars of, tortlitjgatloo ptactice which inclu'des substantial defense eXJ)crience in the.su'bJett at Wlie: iifthe U~iltion, and they must carry errors and omissions co~e. · ·
2, it'sball be :tbe:duty of$bch:c»unst,l:lllld the~ t,crdis'¢lose tO u$ aIUJlf'onnation co~ tbe 11etlqll, ~~•l>dvileg~ma~~van tto,cove,r&Jte dim,1:1~.s. 1!ll4 to l,nf~ andconsµlt wJth us in all matters mlatlna to the ~ :Uon. AJ}yclaim of privileJte ,ffl .1~:~sy~i~«?.inAc~~yir =t"a,p~~r_e~d :lffl#~P ~~~ ~··,· .. e .... ~ ~~G,Q\ll.'.tl., ,,~l:•.• ~ .. 011., .. ,. g,m·. ,Y · ~-: .·· .... , ... ,O,,lj),';ll!JC. C99P~' .. . noJ a w.aiver:of the priVile..R~ as to any other party; and. ,Ci:)MIS•cauiomla
June 19, 2023 City Council Agenda Packet
310
Uabl/lty Endorsement
(contfnued)
Uab/inyt~ .

Form 80,02-2661 '(Et.{:,f-OtJ
•

3. l>Qtll the cqllilSCI provided by us and tb~wunsel the~ .has se~tecf sllall l>e allowed to particlpate in all aspecCS6fili.e litia!ltlon. Counael shall cooi>erate fully in the exchange ofinfonnatioo consistent with each courlsel's'ethical and legafobliaation to · the inm'ed. N6thinA lo this• section shiill relieve the insured of thtlr dtlfy 'to cc,operate with us under the tenni of.this mstitiill.ce JX>licy •
. c. Out<>l>lfaationtopayJees to counsetsele¢t:ed bythc: ~ is:Iinntt.d to the rates w*~we $Wiµlypay .to cou~ _we1ctah:I i.Q·tli,e. ~ courseofbuslocJS tn the:de.t~p f.~ M.ti9~:~tf ~lD,Jllllp.ify where the cJaupi~Jx;hlirdcf~~ ~Y .tJi~u.~.~tJ.~11.fOQ~i f~l~ ., .. }'~$91Y~.~Y ~ andbµ;i~ :ai'Q,i~lion by~ ~e-~utfal ~i~J :~Ject«t by th~ P~~, eq the d1~1ite.

D, No coiltlict of interest sha1J be deemcil to ·exist .aii ·tQ the iille2iilionil of liumttve'~es or be deemed to eidst soleiy because an msu:recJ ls sued foun 8llX>unt iii extesa of the msurancc _l>Oliq lliriits.

E. You are required to sec to it tharrccoros))Crtirieilttocolinselfeesaremamtaliled.Toe~ records will.be~ to determine. the allocation·of ~Y counsel fees .fot wtllcti )'()U may be $6~ety ~n•sit>le; ,inclu~ fQr:the·fiivesiixation,,clcfell$C 01 se.ttlei:nent Qf .~ :aU.eJi!Ul,0.1:1 not cov~n:cl):,y·jbfdn~.

J\11 other termuu1d conditions remain unchan.lled
CU,MIS•.~
El)doru~
June 19, 2023 City Council Agenda Packet
311

A G R E E ME N T

AN AGREEMENT BETWEEN THE CITY OF LA VERNE AND THE LA VERNE

FRIENDS OF THE FOURTH OF JULY

This Agreement is entered into this 1st day of July, 2023 by and between the City of La Verne, a municipal corporation, 3660 “D” Street, La Verne, California 91750, hereinafter referred to as “City” and La Verne Friends of the Fourth of July, a nonprofit corporation, whose mailing address is 3660 D Street, La Verne, California 91750, hereinafter referred to as “Friends.”

R E C I T A L S

WHEREAS, the City and the Friends have for many years maintained a relationship whereby the Friends plan and conduct Independence Day special events for the benefits of the citizens of La Verne under the City’s direction and control; and

WHEREAS, the City and the Friends entered into a one-year formal contractual agreement during the 2023-24 fiscal year; and

WHEREAS, the City and the Friends are desirous of renewing the existing agreement for another one-year period; and

WHEREAS, the City of La Verne is a member of the California Joint Powers Insurance Authority (CJPIA); and

WHEREAS, the CJPIA General Liability Protection program provides that any California corporation or unincorporated association under written contract with a member City to perform specified functions under the direction and control of the member City is a “Protected Party,”

NOW, THEREFORE, the parties agree as follows:

June 19, 2023 City Council Agenda Packet
312

1. FUNCTIONS. The City authorizes the Friends to plan and conduct Independence Day celebration events for the residents of La Verne including, but not limited to, a parade, community breakfast, fireworks show, country fair, and barbecue under the direction and control of the City.

2. FUNDING LEVEL. The City Council has allocated $10,000 to the Friends for fiscal year 2023-24. Contingent on City Council approval of the 2023-2024 Annual City Budget.

3. CITY STAFF REPRESENTATION. City staff may be assigned by the City Manager as needed to assist in the implementation of the events specified in this agreement.

4. NONPROFIT STATUS. The Friends shall maintain its filings as a nonprofit corporation with tax-exempt status pursuant to the laws and regulations of the State of California. Any delinquency or lapse in such filings shall be immediately reported by the Friends to the City.

5. GENERAL LIABILITY INSURANCE. Due to the Friends’ status as a “Protected Party” under the CJPIA General Liability Protection program, the Friends and its officers, agents and volunteers are covered under the terms and conditions of the CJPIA General Liability Protection program as a “Protected Party” only for the events authorized by this Agreement.

6. COMPLIANCE WITH STATE AND LOCAL REGULATIONS. The Friends shall operate in accordance with all applicable federal, state, and local laws, and in a reasonable and safe manner.

7. AUDIT OF FINANCIAL RECORDS. The Friends shall make a copy of the audit report on financial records accessible to the City for review upon written request June 19, 2023 City Council Agenda Packet
313
on an annual basis or other intervals as determined by the City Council.

8. NOTICES. All notices shall be served in writing. The notices to the City of La Verne shall be mailed to the following address: 3660 “D” Street, La Verne, CA 91750, Attention: City Manager. Notices, reports, and statements to the Friends shall be mailed to: La Verne Friends of the Fourth of July, 3660 “D” Street, La Verne, CA 91750, Attention: President.

9. TERM. The term of this Agreement shall be for one (1) fiscal year, July 1, 2023, through June 30, 2024, in full force and effect unless otherwise amended by both parties. It is further understood and agreed that this Agreement supercedes all prior agreements and understandings between the parties.

COUNTERPART EXECUTION: This Agreement may be executed in counterparts, each of which so executed shall be deemed an original irrespective of the date of the execution and said counterparts together shall constitute one and the same Agreement.

CITY OF LA VERNE LA VERNE FRIENDS OF THE

FOURTH OF JULY

By:______________________________ By:_______________________________ Tim Hepburn, Mayor

Date:____________________________ Name:____________________________

ATTEST: Title:_____________________________

Date:_____________________________
_________________________________
Lupe Estrella, Assistant City Clerk
APPROVED AS TO FORM:

_________________________________
Kimberly Hall Barlow, City Attorney

June 19, 2023 City Council Agenda Packet
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AGREEMENT TO PROVIDE MAINTENANCE SERVICES
THIS AGREEMENT is made and entered into this 1st day of July . 2023, by and between the City of La Verne, a municipal corporation, hereinafter referred to as "City," and General Pump Company hereinafter referred to as "Contractor."

RECITALS
(A} City wishes to establish a contractual relationship with Contractor to provide services and materials on an on-call basis when needed by City; and (8) City has not determined the exact nature, scope, or budget for these services and materials at this time; and
(C) The City has qualified Contractor for providing these services and materials as to insurance and other provisions as specified in this Agreement; and (D) Contractor represents that it is a qualified and competent supplier of the services and items to be purchased under this Agreement.

IT IS AGREED AS FOLLOWS:

1. Scope of Services. The Contractor shall provide the following services:

A. Maintain or repair pumps, motors, controls and their related parts. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor herein under in meeting its obligations under this Agreement.

2. Operative Date. The services of the Contractor shall be available upon the execution of this Agreement from July 1, 2023 through June 30, 2024.

3. Request for Services. City will request services pursuant to this Agreement and the Contractor and the City shall execute a purchase order specifying the nature and cost of the services to be provided for that specific request. Contractor shall acknowledge receipt and acceptance of the requested materials and/or services by signing a copy of the purchase order and returning it to the City within ten (10) days unless directed to reply sooner.

5. Compliance with Laws. The Contractor shall comply with all applicable laws, codes, ordinances, and regulations of governing federal, state and local laws. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature, which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to perform the services requested under this I' 1 I'
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Agreement. If providing services in the City, Contractor shall maintain a City business license pursuant to the City Municipal Code.

6. Sole Responsibility. Contractor shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement.

7. Accounting. The Contractor shall present to the City, at the close of each calendar month, an itemized invoice which describes all services performed during said month, classified in such a manner as specified by the City. The City shall pay the Contractor within thirty (30) calendar days of such invoice. Records of the Contractor's direct personnel, contractor and reimbursable expenses pertaining to the work and records of accounts between the City and the Contractor, shall be kept on a generally recognized standard accounting basis and shall be available to the City or its authorized representative at mutually convenient times. The City may withhold payment s for individual items if disputed. The City and Contractor shall make their best efforts to resolve disputed items.

8. Cost of Services and Materials. Pricing for those services shall be specified in the purchase order and attachments to the purchase order for the specific services and materials requested by the City. In no event shall a single purchase under this Agreement exceed a total of One Hundred Seventy Five Thousand ($175,000.00) during the effective period of this agreement.

11. Project Managers. The designated Project Manager is Shawn Igoe, Director of Public Works, who shall represent the City on all matters hereunder. He shall have the right of general supervision of all the work performed by the Contractor and shall be the City's agent with respect to the review, critique and approval of the services of the Contractor. He shall arrange for the orderly administration of the scope of services by the Contractor, including provisions for work authorizations and coordination of performance. The Operations Manager shall have the right to delegate supervision of certain projects and areas of the Agreement.

12. Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to:

To City: Meg McWade, Director of Public Works
City of La Verne
3660 D Street
La Verne, CA 91750
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To Contractor: General Pump Company
159 North Acacia Street
San Dimas CA 91773
or personally delivered to Contractor to such address or such other address as Contractor designates in writing to City.

13. Independent Contractor. It is understood that the Contractor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and not an agent or employee of the City. As an independent contractor, neither Contractor nor any of its officers or employees shall obtain any rights to retirement benefits or other benefits, which accrue, to City employee(s). With prior written consent, the Contractor may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement.

The contractor warrants that it shall pay and withhold all payroll taxes and similar payments as required by law. Including state and federal income tax, state disability insurance premiums, social security taxes and unemployment shall maintain workers' compensation insurance as required by law.

14. Nondiscrimination. Contractor warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Contractor does not and shall not discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act. In performing services under this Agreement, Contractor shall not discriminate against any applicant or designer on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition.

15. Employment of Aliens.

C. Contractor shall retain such documentation for all covered employees for the period prescribed by law.

D. Contractor shall indemnify, defend, and hold harmless, the City, its officers and employees from employer sanctions and any other liability which may be assessed against CITY in connection with an alleged violation of federal or state statutes or '
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regulations pertaining to the eligibility for employment of person performing services under this agreement.

17. City Key Policies and Procedures. Keys will be issued to the Contractor and designated employees upon written approval from Department Head and Director of Public Works. A deposit of $100.00 is required for the first key and $50.00 for each key thereafter. Deposit is refundable upon return of the key. Lost or stolen keys require a replacement fee as established by the Director of Public Works. Individuals issued keys should be aware of security issues involved with the loss of city keys and should exercise responsible measures to keep keys secure. Access to city property is normally after city business hours with the exception of the Public Safety Facility and the Yard. Usual and customary business practices should be used to determine the hours that maintenance will be performed.

A. Minimum Scope of Insurance
Coverage shall be at least as broad as:

B.
i.
ii.

Insurance Services Office Commercial General Liability coverage (form GC 0001 ), or its exact equivalent with an edition date prior to 2004.

Insurance Services Office form number CA 0001 or equivalent covering Automobile Liability, code 1 per accident and endorsement CA 0025. iii. Workers Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance.

Minimum Limits of Insurance
Contractor shall maintain limits no less than:
i.
ii.
iii.

Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.

Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident or disease. ' i
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C.

Other Insurance Provisions
The policies are to contain, or be endorsed to contain the following provisions:
i. The City of La Verne, its officers, officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of La Verne, its officers, officials, employees, or volunteers, and shall be provided on Insurance Services Office Form CG 20 10 with an edition date prior to 2004, or is exact equivalent. Additional insured status for completed operations shall be provided either in the additional insured form or through another endorsement such as CG 20 37 with an edition date prior to 2004. ii.
iii.
iv.
v.

The Contractor's insurance coverage shall be primary insurance as respects the City of La Verne, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City of La Verne, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's Insurance and shall not contribute with it.

Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City of La Verne, its officers, officials, employees, agents or volunteers.

The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of recovery prior to a loss. Contractor waives its right of recovery against City.

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E.

Workers' Compensation and Employers Liability Coverage
i. The insurer shall agree to waive all rights of subrogation against the City of La Verne, its officers, officials, employees, agents or volunteers for losses arising from work performed by the Contractor for the City of La Verne.

Acceptability of Insurers
Insurance is to be placed with insurers with a Best's rating of no less than A:VII.

Verification of Coverage
Upon execution of this Agreement, Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the City. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

I. Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

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contract price as security for the payment of all persons performing labor and furnishing materials in connection with this contract pursuant to State law. 21 . Prevailing Wages . Unless otherwise authorized in writing by the City, Contractor shall comply with Labor Code Sections 177 4 and 1775. The current schedule of prevailing wage rates supplied by the State Department of Industrial Relations is on file and is available on the following website : https://www .dir.ca.gov/ Public-Works/Prevailing-Waqe.html. The City shall not supply copies of this schedule for posting on the job site unless specifically requested to do so by the Contractor . If the Contractor intends to use a craft or classification not shown on the general prevailing wage determinations , it may be required to pay the wage rate of the craft or classification most closely related to it as shown in the general determinat ions effective at the time of the purchase order. If the Contractor intends to use a craft or classification not shown , it shall notify the City at least five (5) working days before the execution of the purchase order . It is the Contractor 's obligation to ensure that prevailing wages are paid in conformance with State law and regulations for projects subject to this agreement.

22. Contractor 's Schedule of Fees. This agreement is essentially a "time and materials" contract. As such, Contractor agrees to provide services , including labor, equipment and material mark-ups, per the rates shown in Exhibit A of this agreeme nt. The only modifications to Exhibit A during the effective period of this agreement shall be with respect to labor rates and prevailing wage requirements as noted in Section 21 of this agreement.

23. Time of the Essence. Prompt delivery of the services and materials is essential to this Agreement.

25. Waivers . Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of the Agreement.

26. Modifications . No modification , waiver , termination , or amendment to this Agreement is effective unless made in writing signed by the City and the Contractor .

27. Severability . If any term of this Agreement is held invalid by a court of competent jurisdiction , the remainder of this Agreement shall remain in effect.

28. Entire Agreement. This Agreement sets forth the entire understanding between the parties.

June 19, 2023 City Council Agenda Packet
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This Agreement shall be effective from and after the date set forth below and opposite the respective signatures of the parties. The operative date of this Agreement shall be July 1, 2023 to June 30, 2024.

Date:. ___________ _ CITY OF LA VERNE
A Municipal Corporation
Tim Hepburn, Mayor
Attest:

Lupe Gaeta Estrella, Assistant City Clerk
General Pump Company
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Exhibit A
Contractor's Schedule of Fees
July 1, 2023 through June 30, 2024
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• --
--II& !PUMP
COl1NIIIY
159 N. ACACIA STREET· SAN DIMAS, CA 91773
PHONE : (909) 599-9606 · FAX: (909) 599-6238
CAMARILLO , CA 93010 · PHONE: (805) 482-1215
www.genpump.com
WELL & PUMP SERVICE SINCE 1952
Serving Southern California and Central Coast
Lie. #496765
(Effective November 01, 2022)
3-Man Crew & Standard Pump Pulling Rig ...................................... ....... ............... ....... $650.00 / Hr I Operator & 40-Ton Crane ........... .............. .............................. ............ ............... ........ $420.00 / Hr I-Man Crew, Service Support Rig for the 40-Ton Crane .............. ............ ....... .............. $199.00 / Hr 2-Man Crew & Combination Rig .............................. ..................... ........... .................... $489.00 I Hr 2-Man Crew & Standard Pump Pulling Rig .................................. .......... ...... ........ ......... $450.00 / Hr Wire Brush or Swab Rental (Nylon Brush NOT included) ....... ........... ...... ........... ........ $995.00 Each Flatbed Truck & Driver ................. ........... ............ ........ .... ............................................ $ I 98.00 / Hr Rotary Crane (up to 17-ton) & 1-Man Crew ...................... .......... ........ ............ ....... ...... . $299.00 I Hr Rotary Crane & 2-Man Crew ...................................................................... .................. $439.00 I Hr Service Truck & 1 Pump Mechanic , Electrician or General Services ............................. $195.00 / Hr Service Truck & I Pump Mechanic & Helper .......... .... ................................................. $345.00 / Hr Pipeline Fabricator ........................................................................................................ $199.00 / Hr Shop Labor- Pump Mechanic .................. ......................................... .... ...... ................. $118.00 I Hr Shop Labor - Machinist or Welder ................................... ........ ................... ........ ......... $ 1 18.00 / Hr Overtime & Saturdays ........ ........ ........... ................... ................ ............... Add $65.00 per Man Hour Sundays & Holidays .............................................................................. Add $130.00 per Man Hour Control & Instrument Specialist... .................................... ...... ................................ ....... $199.00 I Hr Additional Helper .................................................................................... ..................... $130.00 / Hr Video Log- Color with Downhole and Side-Scan ....... ....... ......................... .... ... $1,350.00 per Well Re-Video Log - Color with Downhole and Side-Scan .......... .... .................... ....... $1,250.00 per Well Dynamic Video with Mini Camera ............................................... .......................... $600.00 per Day Test Pump -Above 300-Hp Drive/ Generator .............. ................................................. $360 .00 / Hr Test Pump - Below 300-Hp Drive/ Generator ......................... .................................. .... $315.00 / Hr 1-Man Crew & Chemical Distribution Trailer, with Safety Equipment.. ........................ $299.00 / Hr Engineering and Hydrogeology Support ................. ...................................................... Per Job Basis

RATES DO NOT INCLUDE SECURITY OR PORTA POTTIES

FIELD RATES ARE PORTAL TO PORTAL
For additional information on General Pump Company, Inc.

Or to speak with one of our qualified Eng ineers ,
please contact us at: engineering @ genpump .com
June 19, 2023 City Council Agenda Packet
324
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11 i ______, GENEPUM-01 MHUNT 11, ACORD. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYYI 11
~ 5/12/2023 Ii: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS I CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES '' BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED i " REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ' ' I' 1
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

It I If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). I' PRODUCER ~f~I,:'CT 'I Smith Brothers Insurance, LLC. rim,NJo, Ext): (860) 652-3235 1 rt~ .• ,,,(860) 652-3236 I 68 National Drive I: Glastonbury, CT 06033 E-MAIL . [email protected] INSURER/SI AFFORDING COVERAGE NAIC# i: ,,
INSURER A: Travelers Casualty And Surety Company Of America 31194 INSURED INSURER a: Travelers lndemnitv Comaanv of CT 25682 General Pump Company, Inc. INSURER c: Travelers Prone"" Casualh 1 Co of Amer 25674 I
159 North Acacia Street lNSURERo :Axis Su....,lus Insurance Comnanv 26620 San Dimas, CA 91773 INSURERE:

INSURERF:

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1r,ig TYPE OF INSURANCE 1~1?.P.!-l~.(!~_R POLICY NUMBER POLICYEFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABlLITY EACH OCCURRENCE s 1,000,000 ~ ~ CLAIMS-MADE [KJ OCCUR X X P-630-8T716949-TIL-22 8131/2022 8131/2023 ~~~t~~J9~RENTED s 300,000 ' ~
~ MED EXP /Aflvone nerson\ s 5,000
1,000,000 " PERSONAL & ADV INJURY s 1!
~
2,000,000 ~r AGGREGATE LIMIT APPLIES PER, GENERAL AGGREGATE s i; POLICY 0 )IB 00 LOG PRODUCTS-COMP/OP AGG s 2,000,000 OTHER: $ 1,
B ~TOMOBILE LIABILITY ~~MBINEO SINGLE UMIT s 1,000,000 1: • ---'dent\ c.! ANY AUTO X X 810-8T703898-22-43-G 8/31/2022 8/31/2023 BODll Y INJURY /Per oerson' s I
O\fvNED
~

SCHEDULED
'-- AUTOS ONLY
~ AUTOS BODILY INJURY /Per accident I $
'-- ~lM?soNLY ~ ~o'¥~'m,1.~ I FP~9~MJe~t?AMAGE s j1
s
C c.! UMBRELLA LlAB pyoccuR EACH OCCURRENCE $ 9,000,000 I EXCESSUAB CLAIMS-MADE CUP-8T724403 8/31/2022 8/3112023 AGGREGATE s 9,000,000 OED I X I RETENTION s 0 s
i! I
C WORKERS COMPENSATION X I ~ff~--~- I I ~~H-AND EMPLOYERS' LIABILITY Y/N X UB-8T705197 8131/2022 8131/2023 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ~ E.l. EACH ACCIDENT $ iFJCERIM~MBER EXCLUDED? N/A 1,000,000 I, andatory n NH) E.L. DISEASE • EA EMPLOYE" S 1:
~i~c~rtr-cr~ g't~PERATIONS below E.l. DISEASE · POLICY LIMIT $ 1,000,000 D Pollution liability CP005428-01-2023 2/512023 8/31/2024 Incident Limit 2,000,000 D Pollution liability CP005428-01-2023 2/5/2023 8131/2024 Aggregate Limit 2,000,000 I; ;,
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addit!Oflal Remarks Schedule, maybe attached If mora Sl?llce ls requlrei If The City of La Verne, its officers, officials, employees, agents and volunteers are named as Additional Insured for eneral Liability; Auto Liability; coverage is 1:1
primary and non-contributory; Waiver of Subrogation applies Ii

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of La Verne lHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3660 D Street
La Verne, CA 91750

AUTHORIZED REPRESENTATIVE
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ACORD 25 (2016/03) -© 1988 2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
June 19, 2023 City Council Agenda Packet
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COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED
(Includes Products-Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PROVISIONS
The following is added to SECTION II - WHO IS AN
INSURED:

Any person or organization that you agree in a
written contract or agreement to include as an
additional insured on this Coverage Part is an
insured, but only:
a. With respect to liability for "bodily injury" or
"property damage" that occurs, or for "personal
injury" caused by an offense that is committed,
subsequent to the signing of that contract or
agreement and while that part of the contract or
agreement is in effect; and
b. If, and only to the extent that. such injury or
damage is caused by acts or omissions of you or
your subcontractor in the performance of "your
work" to which the written contract or agreement
applies. Such person or organization does not
qualify as an additional insured with respect to
the independent acts or omissions of such
person or organization.

The insurance provided to such additional insured is
subject to the following provisions:
a. If the Limits of Insurance of this Coverage Part
shown in the Declarations exceed the minimum
limits required by the written contract or
agreement, the insurance provided to the
additional insured will be limited to such
minimum required limits. For the purposes of
determining whether this limitation applies, the
minimum limits required by the written contract or
agreement will be considered to include the
minimum limits of any Umbrella or Excess
liability coverage required for the additional
insured by that written contract or agreement.

This provision will not increase the limits of
insurance described in Section Ill - Limits Of
Insurance.
b. The insurance provided to such additional
insured does not apply to:
(1) Any "bodily injury", "property damage" or
"personal injury" arising out of the providing,
or failure to provide, any professional
architectural, engineering or surveying
services, including:
(a) The preparing, approving, or failing to
prepare or approve, maps, shop
drawings, opinions, reports, surveys.
field orders or change orders, or the
preparing, approving, or failing to
prepare or approve, drawings and
specifications; and
(b) Supervisory, inspection, architectural or
engineering activities.
(2) Any "bodily injury" or "property damage"
caused by "your work" and included in the
"products-completed operations hazard"
unless the written contract or agreement
specifically requires you to provide such
coverage for that additional insured during
the policy period.
c. The additional insured must comply with the
following duties:
(1) Give us written notice as soon as practicable
of an
11 occurrence
11 or an offense which may
result in a claim. To the extent possible, such
notice should include:
(a) How, when and where the "occurrence"
or offense took place;
(b) The names and addresses of any injured
persons and witnesses; and
(c) The nature and location of any injury or
damage arising out of the "occurrence"
or offense.
(2) If a claim is made or "suit" is brought against
the additional insured:

CG D2 46 0419 © 2018 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 li 1
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COMMERCIAL GENERAL LIABILITY
(a) Immediately record the specifics of the
claim or "suit" and the date received; and
(b) Notify us as soon as practicable and see
to it that we receive written notice of the
claim or
11 suit
11 as soon as practicable.
(3) Immediately send us copies of all legal
papers received in connection with the claim
or "suit", cooperate with us in the
investigation or settlement of the claim or
defense against the "suit'', and otherwise
comply with all policy conditions.
(4) Tender the defense and indemnity of any
claim or "suit'' to any provider of other
insurance which would cover such additional
insured for a loss we cover. However, this
condition does not affect whether the
insurance provided to such additional
insured is primary to other insurance
available to such additional insured which
covers that person or organization as a
named insured as described in Paragraph 4.,
Other Insurance, of Section IV - Commercial
General Liability Conditions.

Page 2 of 2 ends

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COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED - PRIMARY AND

NON-CONTRIBUTORY WITH OTHER INSURANCE
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

PROVISIONS

1. The following is added to Paragraph A.1.c., Who
Is An Insured, of SECTION II - COVERED
AUTOS LIABILITY COVERAGE:

This includes any person or organization who you
are required under a written contract or
agreement between you and that person or
organization, that is signed by you before the
"bodily injury" or "property damage" occurs and
that is in effect during the policy period, to name
as an additional insured for Covered Autos
Liability Coverage, but only for damages to which
this insurance applies and only to the extent of
that person"s or organization's liability for the
conduct of another "insured".

2. The following is added to Paragraph 8,5., Other
Insurance of SECTION IV - BUSINESS AUTO
CONDITIONS:

Regardless of the provisions of paragraph a. and
paragraph d. of this part 5. Other Insurance, this
insurance is primary to and non-contributory with
applicable other insurance under which an
additional insured person or organization is the
first named insured when the written contract or
agreement between you and that person or
organization, that is signed by you before the
"bodily injury" or "property damage" occurs and
that is in effect during the policy period, requires
this insurance to be primary and non-contributory.

CA T4 74 0216 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. i
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l
POLICY NUMBER: P-630-8T716949-TIL-22

COMMERCIAL GENERAL LIABILITY
ISSUE DATE: 09-14-22
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

ELECTRONIC DATA LIABILITY COVERAGE PART
LIQUOR LiABILITY COVERAGE PART
POLLUTION LiABILITY COVERAGE PART DESIGNATED SITES
POLLUTION LIABILITY LIMITED CO\iERAGEPART DESIGNATED SITES

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS

SCHEDULE
Name Of Person(s) Or Organlzatlon(s):

WHERE REQUIRED BY WRITTEN CONTRACT WHICH IS IN EFFECT DURING THIS

POLICY PERIOD EXECUTED PRIOR OF ANY LOSS FOR WHICH COVERAGE IS SOUGHT Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us- of
Section IV - Conditions:

We waive any right of recovery against the person(s)
or organization(s) shown in the Schedule above
because of payments we make under this Coverage
Part. such waiver by us applies only fo ihe extent that the insured has \Vaived its right of- recovery against
such person(s) or organization(s) prior to loss. This
endorsement applies only to the person(s) or
organization(s) shown in the Schedule ·above.

CG 24 041219 © Insurance Services Office, 'inc., 2018 Page 1 of 1 Ii I,
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EXTENSION OF AGREEMENT
THIS EXTENSION OF AGREEMENT , made and entered into
by and between the City of La Verne, a municipal corporation and Greenscape Maintenance Services, Inc. for Citywide maintenances services.

The parties agree as follows :
1 . The Agreement is amended by extending the term from July 1, 2023, through June 30, 2024.

2. All of the remaining terms and provisions of the AGREEMENT between the City of La Verne and Greenscape Maintenance Services, Inc. dated July 18, 2023 (Exhibit A) and the updated Fee Services Schedule ( Exhibit 8) for one year 2023-2024 are hereby reaffirmed.

Dated:

ATTEST :

Lupe Gaea Estrella, CMC
Assistant City Clerk

CITY OF LA VERNE
Mayor Tim Hepburn

GREENSCAPE MAINTENANCE
SERVICES, INC.
-0~.L~
Rob Franklin, Owner
June 19, 2023 City Council Agenda Packet
330
0 AGREEMENT
THIS AGREEMENT, made and entered into this 16111 day of July 16, 2012, by and between the City of La Verne, California, hereinafter called ·"City,O, and Greenscapes Maintenance Services, Inc., hereinafter called "Contractor".

WITNESS ETH: That the parties hereto do mutually agree as follows:

ARTICLE I
For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said City said Contractor agrees with said City to perform, and complete in a good and workmanlike manner all work required under the City's Specifications entitled:

CITYWIDE LANDSCAPE MAINTENANCE AREAS.2011-2012
248-4702-447-4305
in accordance with the Specifications and Drawings therefore, to furnish at his own expense all labor, materials, equipment and services as may be stipulated in said Specifications to be furnished by said City, and to do everything required by this Agreement and the said Specifications.

ARTICLE II
For furnishing all said labor, materials, equipment, tools and services, that are necessary and required for Landscape Maintenance in .each and every Area,. and doing everything required by this Agreement and the said Specifications; also, for all losses and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which J11ay arise during the prosecution of the work until its acceptance by said City, and for all risks of every description connected with. the work; also, for all expenses resulting from the suspension or discontinuance of work, except as in the said Specifications are expressly stipulated to be borne by said City; and for completing the work in accordance with the' requirements of said Specifications and Drawings as directed by the Engineer, said City will pay and said Contractor shall receive, :in full compensation therefore, the price(s) named in the Proposal.

ARTICLE III
The City hereby employs said Contractor to perform the work according .to the terms of this Agreement for price(s) named in the Proposal, and agrees to pay the same at the time, in the manner, and upon the conditions stipulated :in the said Specifications; and the said parties for themselves, their heirs, executors, administrators! ·successors, and assigns,. do hereby agree to the full performance of the covenants· herein contained.

ARTICLE IV
The Notice to Contractors, General and. Special Provisions Book, Bidder's Book including the Proposal, and Information Required of Bidder, along with the Contract Documents and all addenda issued by the City with respect to the foregoing prior to the opening of bids, are hereby incoiporated in and made part of this. Agreement.
82 U:\My Documents\Agreements\2012 La Verne Citywide Maintenance Contrat:t.OR:CllScapcs.doc I
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June 19, 2023 City Council Agenda Packet
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•
IN ·wrrNESS WHEREOF, the parties hereto have .caused this contract to be executed the day and year first above written.

Recommended for signature by:

Approved by:

ATTEST:'
Don endric , Mayor .:::--': ;.. ;. : ;-:·
'iif;f!tfir:fo-J?>ft:.~'.-?"a \
CONTRACTOR: ~ -;~~~>-:!.-.!~---:~o/ -.,.,, ... -- .... · . ~ ' '~ ";. ~ M.if,!!H,5<:,4./J.c .N.11/~;,f/A,?¢
(Contractor)
By_j~~~~~::'.::::::
(Signature)
(Title)
83 U:\My Documents\Agreement&\2012 La Verne Citywide Maintenance Contract.Omcnscapes.doc I', I
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•
** THE CONTRACTOR SHALL NOT FILL OUf THISPAGE. **
The City shall select the appropriate level of service for each Area depending on available funding for the Area; therefore, each Area may require different levels of-service because nffunding. The contnict will be awarded to the lowest responsible bidder based upon the total bid for all Areas at the respective level of service selected by the City after bid opening, Only one contract will be awarded to prgvide Landscape Maintenance for all Areas.

The City will fill out thefollowing .Bid Summary based upon the Level of Service selected for each Area. The contract will be awarded to the lowest responsible and responsive bidder based on the totalfrom the Bid Suinmary completed by the. City. This form. will assist the City wlthdetennlning the lowest responsible and responsive bidder.

CONTRACT:BIDDER::: _______________________ ~-----

BIDSUMMARY
LEVEL OF EsTIMATED CONTRACT PRICE

LANDSCAPE MAINTENANCE AREAS SERVICE SQUARE FROM SELECTED BY FOOTAGE BASE BID TOTAL CITY Civic Center (includes city hall, 26,200
1 community ·center a and librarv\
2 CitvYard 4,000
3 Skate Park 9,100
4 Transnortation.Plaza 4,000
s Veterans Hall 12,700
6 Medians -Arrow Hl•hwav 61,000
7 Medians- Bonltaffhird 4,950
8 Medians - Foothill Blvd. 69,100
9 Medians - Fruit St 3,000
10 Medians -Towne,Center @ White 7,000
11 Medians - Wheeler Avenue 4,000
12 Medians - White Avenue 22,000
Parkway - B St east side along FC 39,000
13 channel
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333
14 ITEM DELETED
Parkway - Baseline, south side or
15 E/Frult St
16 Parkwa - Crown Circle/Emerald
17 Parkwa -Durward Wa
18 Parkwa - Foothill south side W/B St
Parkway- Foxglen, south side E and
19 W /entrance
20 Parkwa - Landeros/Realitos
21 Parkwa - MIiler/Pinto
22 Parkwa - Mimosa/Cedar/Landeros
23 Parkwa
24 Parkwa -Pleasant/Al ha Circle
Parkway- Wheeler, east side along FC
25 channel
26 Planter - Bowdoin @ Williams
27 Planter - Grove @ Fulton
28 Planter- D SL Souther) Tenninus
29 Planter - Oldtown Area
30 Water Facill - Old Bald Well
74 U:\My Documcnts\Agreements\2012 La Vcmc Citywide Maintenance Contract,Groenscapcs.doc NIA
6,200
800
5,675
27,000
12,900
1,800
.3,875
3,000
925
1,300
18,000
220
300
200
6,000
4,850
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Citywide I 2023
Civic Center
City Yard
Skate Park
Transportation Plaza
Veteran's Hall
Medians -Arroip Highway
Medians - Bonita/Third
Medians - Foothill Blvd.

Medians - Fruit Street
Medians - Towne Center@ White Ave.

Medians - Wheeler Avenue
Medians - Wh~e Avenue
Parkway- 'B' Street East side Along FC Channel
Parkway- Baseline South side of El Fruit SL
Parkway- Crown Circle I Emerald
Parkway-Durward Way
Parkway- Foothill South side WI 'B 'Street
Parkway- Foxglen South side East and West Entrance
Parkway- Landeros I Realitos
Parkway - Miller I Pintos
Parkway- Mimosa I Cedar I Landeros
Parkway- Pampas Circle
Parkway- Pleasant I Alpha Circle
Parkway- Wheeler, East side along.Fe Channel
Planter- Bowdoin @ Williams
Planter - Grove @Fulton
Planter- "D" Street Southerly Terminus
Planter- Oldtown Area
Water Facility- Wheeler Reservoir
Water Facility- Old Baldy Well
Fire Station #2
Fire Station #3
Foothill - East Bradford
Gilead
Wheeler Islands South of Foothill
Total
$ 703.65
$ 69.34
$ 301.45
$ 105.81
$ '99.67
$ 1116.70
$ 134.53
$1,845.40
$ 516.89
$ 234.56
$ 152.03
$ 199.38
$ 265.07
$ 99.69
$ 132.54
$ 291.78
$ 199.38
$ 132.54
$ 132.54
$ 132.54
$ 132.54
$ 132.54
$ 132.54
$ 145.29
$ 67.62
$ 67.62
$ 67.62
$ 887.76
$ 466.65
$ 466.65
$ 609.87
$ 563.91
$ 397.99
$ 391.99
$ 391.49
$11,793.59
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Name Memo SaleaPrlca CPI INCREASE TOTAL

CITY OF LA VERNE CITIWIDE
CITY OF LA VERNE CMCCENTER 652.13 7.90% 51.52 703.65 J: CITY OF LA VERNE CITY YARD 64.26 7.90% 5.08 69.34 Ii CITY OF LA VERNE SKATE PARK 279.38 7.90% 22.07 301.45 ' CITY OF LA VERNE TRANSPORTATION PLAZA 98,06 7.90% 7.75 105.81 CITY OF LA VERNE VETERAN'S HALL 92.37 7.90% 7.30 99.67
CITY-OF LA VERNE MEDIANS -ARROW HIGHWAY 1,034.94 7.90% 81.76 1,116;70 CITY OF LA VERNE MEDIANS - BONITA/THIRD 124.68 7,90% 9.85 134.53 CITY OF LA VERNE MEDIANS. FOOTHILL BLVD. 1;710.29 7.90% 135.11 1,845.40 CITY OF LA VERNE MEDIANS-FRUIT'ST. 479,05 7.90% 37.84 516.89 CITV OF LA VERNE MEDIANS - TOWNE CENTER@ WHITE AVE. 217.'39 7.90% 17.17 .234.56 CITY OF LA VERNE MEDIANS· WHEELER AVENUE SOUTH OF ARROW 140.90 7.90% 11.13 152.03 CITY OF LA VERNE MEDIANS• WHITE AVENUE 184.78 7.90% 14,60 199.38 CITY OF LA VERNE PARl<MIAY • 'B" STREET EAST SIDE ALONG FC CHANNEL 245.66 7.90% 19.41 265.07 CITY OF LAVERNE PARl<MIAY • BASELINE; SOUTH SIDE OF El FRUIT ST. 92.39 7.90% 7.30 99,69 CITY OF LA VERNE PAAl'mAY - CROWN"CIRCLE /EMERALD 122.84 7.90% 9.70 .132.54 crrv OF LA VERNE PAR't'NVAY-DURWARD WAY 270.42 7.90% 21,36 291.78 CITY OF LA VERNE PARKVVAY - FOOTHILL, SOUTH SIDE W/ 'B' STREET 184.78 7.90% 14.60 199.38 CITY OF LA VERNE PARl<MIAY - FOXGLEN, SOUTH SIDE EAST ANO WEST ENTRANCE 122.84 7.90% 9.70 132.54 CITY OF LA VERNE PARKVVAY-LANDEROS/REALITOS 122.84 7.90% 9.70 132.54 CITY OF LA VERNE PARKWAY - MILLER/ PINTOS 122.84 7.90% 9.70 132.54 CITY OF LA VERNE PARKWAY - MIMOSA/ CEDAR/ LANDEROS 122.84 7.90% 9,70 132.54 CITY OF LAVERNE PAA.KWAY-PAMPAS CIRCLE 122.84 7.90% 9.70 132;54 CITY OF LA VERNE PARKWAY-PLEASANT/ ALPHA CIRCLE 122.84 7.90% 9,70 132.54 CITY OF LA VERNE PARKWAY-WHEELER, EAST SIDE ALONG FC CHANNEL 134.65 7.90% 10.64 145.29 CITY OF LA VERNE PLANTER• BOWDOIN@ Wll.UAMS 62.67 7.90% 4.95 67.62 I! 1 CITY OF LA VERNE PLANTER - GROVE@ FULTON 62.67 7.90% 4.95 67;62 1, ' CITY OF LA VERNE PLANTER - 'O' STREET SOUTHERLY TERMINUS 62.67 7.90% 4.95 67.62 CITY OF LA VERNE PLANTER - OLOTO\NN AREA 822.76 7.90% 65.00 887,76 CITY OF LA VERNE WATER FACILITY - WHEELER RESERVOIR 432.48 7.90% 34.17 466.65 CITY OF LA VERNE WATER FACILITY - OLD BALDY WELL 432.48 7.90% 34.17 466.65 CITY OFLA VERNE FIRE STATION #2 565.22 7.90% 44.65 609.87 CITY OF LA VERNE FIRE STATION #3 522.62 7.90% 41.29 563.91 CITY OF LA VERNE FOOTHILL-East BRadford 368.85 7.90% 29.14 397.99 CITY OR LA VERNE GILEAD 368.85 7.90% 29.14 397.99
CITY OF LA VERNE WHEELER ISLANDS SOUTH OF FOOTHILL 362.83 7.90% 28.66 391.49 10,930.11 7.90% 863.48 11,793.59 I'
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EXTENSION OF AGREEMENT
THIS EXTENSION OF AGREEMENT, made and entered into
by and between the City of La Verne, a municipal corporation and Greenscape Maintenance Services, Inc. for annual maintenance services of the landscape maintenance districts (LMD's).

The parties agree as follows:

1. The Agreement is amended by extending the term from July 1, 2023, through June 30, 2024.

2. All of the remaining terms and provisions of the AGREEMENT between the City of La Verne and Greenscape Maintenance Services, Inc. dated July 18, 2011 (Exhibit A) and the updated Fee Services Schedule ( Exhibit B) for one year 2023-2024 are hereby reaffirmed.

Dated:

ATTEST:

Lupe Gaea Estrella, CMC
Assistant City Clerk

CITY OF LA VERNE
Mayor Tim Hepburn

GREENSCAPE MAINTENANCE
SERVICES, INC.

QcJ~ _/
Rob Franklin, Owner
June 19, 2023 City Council Agenda Packet
337

AGREEMENT
;
. THIS AGRE~MEl;'T, ma~e and entered into this f8th day of July, 2011, by and between the City_ofLa Verne, Cahfomia, heremafter·called "City", and GreenscapesMaintenance Services Inc heremafter called "Contractor". ' .,
WIJNESSETH: That the parties hereto do,mutually agree as follows:

ARTICLE I
For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by _said City said Contracto~ agrees with sa!d City t~ perform, and complete in a good and workmanhke manner all work required under the City's, Specifications entitled:

MAINTENANCE LANDSCAPE DISTRICTS 2011-2012
FJRSJ/FULTON 246<5202
TABOR 246-5203
RANCHO LA VERNE,246-5204
Livi:. ◊AK 246-5205
FRUIT/AMHERST 246-5206
SAN POLO 24605207
LA VERNE HEiOHTS 246-5208
in accordance with the Specifications and. Drawings therefore, to furnish at his own expense all labor, materials, equipment and services as may be stipulated in said Specifications to be furnished by said City, and to do everything required by this Agreel?ent and the said Specifications ..

ARTICLE II
For furnishing all said labor, materials, equipment, tools and services, that are necessary and required for Landscape Maintenance in' each and every District, and doing everything required by this Agreement and the said .Specificatfons; also, for all losses and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise, during the prosecution of the work until its acceptance by said City, and for all risks of every description connected with the work; also, for all expenses resulting from the suspension ·or , disconti.nuance of work, except as .in the said Specifications are expressly stipulated to be borne by said City;. and for completi11g the work in, accordance with the, requirements' of said Specifications and Drawings as directed by the Engineer, .said City will pay an:d sai.d Contractor shall receive, in full compensation therefore, the price(s) named in the Proposal.

ARTICLE III
The City hereby employs said Contractor to .Perform the work according to the terms of this Agreement for price(s) named in the Proposal, and agrees to pay the same at the time, in, the manner, and upon the conditions stipulated in the said Specifications; and the said parties for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained,
36 C:\DOCUME-1\LESTRE-1,000\LOCALS-I\Temp\La Verne LMD Maintenance Scpclfications.doc I
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ARTICLE IV
The Notice tg Co11tractors, General and Special Provi_sions Book, Bidder's Book including the Proposal, and Information Required of Bidder; along with the Contract Documents and all addenda issued by the City with respect to the foregoing prior to the opening ofbids, are hereby incorporated in and made part of this Agreement.

IN WI1NESS WHEREOF, the parties hereto have caused this contract to be executed the: day and year-first above written.

CITY OF LA VERNE, CALIFORNIA
Recommended for signature by:

Dan
Approved by:
~o~ . EvelynCach,rty cfe&=
CONTRACTOR:
(SEAL)

GREENSCAPES MAINTENANCE
SERVICES, INC.

By /iJk(l&
(Signature)
Cl' w p,E,,e
(fitle)
37 C:\DOCUME-l\LESTRE-l ,OOOIJ:.OCALS-1\Tcmp\La'Vcmc LMD Maintcn1111ce Scpcifications.doc '' 'I
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** THE CONTRACTOR SHALL NOT FILL OUT THIS PAGE, **
The City shall select the appropriate level ofserviceforeach District depending on ava11ablefandingfor the District; therefore, Districts may require different levels of service because of funding .. The contract wJ/1 be awarded to the lowest responsible bidder based upon .the Iota/bid for all Districts at the respective level of service selected by the City after bid opening. Only one coniract wl/1 be awarded to provide Landscape Maintenance· fot all Districts, The City wf.// fill ou.Hhe fol/owing Bid Summary based upon the Level of Service selected fol each District. The contract will' be. awarded :lo the lowest ·responsible and responsive bidder based on the total from the. Bid Summary completed by the City, This fo(m will assist theCity'Witfi determining ihe law est responsible and responsive bidder.

CciNTRACTBIDDER:. _ ----------~~------------------

MAINTENANCE ASSESSMENT

DISTRICTS
First/Fulton
2 ·Tabor
3 RanchoLa Verne
3A Rancho La Verne Riparian Channel
5 Amherst/Fruit
'6 San Polo
7 La Verne:Heights

BID SUMMARY

LEVEL OF

SERVICE

SELECTED BY
CITY

ESTIMATED
SQUARE

FOOTAGE
8,150
11,000
144,000
400,000
107,300
11,500
30,1.00
220,000
TotALS(iiJAliE·, ' ·FEEl':. ,·,

CONTRACT PRICE
FROM

BASE BID TOTAL
TOTALBID PRICE:
' ·-~ .. .'~
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June 19, 2023 City Council Agenda Packet
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Landscape Maintenance Districts
First I Fulton
Tabor
Rancho La Verne
Riparian Channel
Live Oak
Fruit I Amherst
San Polo
La Verne Heights
Total
2023
$ 97.82
$ 97.82
$1,647.02
$ 881.60
$1,438.74
$ 306.11
$ 795.34
$1,500.13
$6,764.59
The service rates for maintenance repairs are as follows:

S 50.00 I hour during normal business hours
S 50.00 I hour during non-business hours
P.O. BOX 1608 UPLAND CA 91785 TEL: (909) 984-6733
GREENSCAPEMAINTENANCE @Y AHOO .COM
June 19, 2023 City Council Agenda Packet
341
... • Name Memo Salas Price

CITY OF LA VERNE LMD
Cl1Y OF LA VERNE FIRST/ FULTON 248-5202 / 451-4305 90.88 CITY OF LA VERNE TABOR 248-5203 / 451-4305 90.66
Cl1Y OF LA VERNE RANCHO LA VERNE 248-5204 / 451-4305 1,528.43 Cl1Y OF LA VERNE RIPARIAN CHANNEL 248-52041451-4305 817.05 Cl1Y OF LA VERNE LIVE OAK 248-5205 / 451-4305 1,333.40
Cl1Y OF LA VERNE FRUIT/ AMHERST 248-5208 / 451-4305 283.70 Cl1Y OF LA VERNE SAN POLO 248-5207 / 451-4305 737.11
Cl1Y OF LA VERNE LA VERNE HEIGHTS 2411-5206 / 451-4305 1.390.30 6,269.31

CPI INCREASE

7.90% 7.16

7.90% 120.59

7.90% 64.55

7.90% 105.34

7.90% 22.41

7.90% 58.23

7.90% 109.83

7.90% 495.28
TOTAL

97.82 97.82
1,647.02
881.60
1,438.74
306.11
795.34
1,500.13
6,764.59
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i I
~ ,~ GRESC-3 ....... •-. ,,
~ACORD" CERTIFICATE OF LIABILITY INSURANCE I

DATE (MM/DDIYYYY)
I i ~ 04/21/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS !i CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES

BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. i IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. I !
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certal~ 1 ~ollcles may require an endorsement. A statement on
this certlflcate does not confer rlahts to the certlfJcate holder In Heu of such endorsement s\.

I
PRODUCER 909-980-4211 ~QNT~CT Vicki Martinez
SIiverstone Insurance Services W8.•rr •• ..,,, 909.930-4211 I F.0~ ••• 1,909-980-4785 Jetton & Associates, Inc PO BOX1200
l;-MAIL . vIcKtrrus11verstonetns.com
RANCHO CUCAMONGA, CA 91729 l~'SURERIS' GCOV'''"••.,..,, m,i-·· I Robert W. Young INsURER A: Greenwich Insurance Comcanv 22322 I
INSURE"" , XL Speciality Insurance Co. 37885 I l

INSURED
Greenscaf.e Maintenance I! Services, nc. INSURERC:
i=;,o. Box1608 INSUR""RD: t pland, CA 91785
INSURERE: I
INSURERF: I
l"'n\lE ,~ AEVf~ll"'IU -···-----. I

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN JS SUBJECT TO ALL THE TERMS, I I
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ' INSR TYPE OF INSURANCE ADDL SUB POLICY NUMBER POUCYEFF POLICY EXP LIMITS I • A X COMMERCIAL GENERAL LIABILITY EACH~~~"RRENC~ • 1,000,009 1 CLAIMS-~E 00 OCCUR X NPC-1003517-03 04/21/2023 04/21/2024 DAMAGE TO RENTED • 100 000 , ' "
MED EXP I An" one nerson\ • 5,00P,,
- 1,000,009. ' Pl:R$0NAL & ADV INJ·•-y ' - 2,000,009
~r AGGREGATE LIMrr APPLIES PEit GENERALAGGREGATF •
POLICY [Kl ~r& □ LOC PRODUCTS - COMP/OP AGr.: • 2,000,000 •
,,
nTUER· '
B AUTOMOBlLE LIABIUTY

COMBINED SINGLE LIMIT
• 1,000,000
~
I
X ANY AUTO NBA-1003514-03 04/21/2023 04/21/2024 BODILY INJURY 1Per -rson' • ' ~ OWNED - SCHEDULED i AUTOS ONLY AUTOS An OILY INJ" ,_ .. 'Per accldent1 ' ~ ~
Ff.9~~.~AMAGE i X ~ll\'H's ONLY ~ ~Broi'li~'i.~ •
~
'. I'
UMBRELLA UAB HOCCUR ~"CH nl"""URRENCE •• Ii 1
c- I EXCESS LlAB CLAIMS-MADE NO COVERAGE PROVIDED HERE Ar.:QREGATE • OED I I RETENTION$ . I
WORKERS COMPENSATION I ~S~~-- I l9JH· I

AND EMPLOYERS' LIABILITY
□
I ANY PROPRIETOR/PARTNER/EXECUTIVE NO COVERAGE PROVIDED HERE E.l. EACH ACCIDENT • !l,IFICERIM~M'mfl EXCLUDED? NIA I andatory n ) E.L. DISEASE- EA EMPLovi::e • ' .!!il!~~rtff~ ~t~?i:;RATlnNS be!......, Cl OIC!CAC!c_poIr--· .. IT •• I ' B Inland Marine NBA-1003515-03 04/21/2023 04/21/2024 Leased or I :

Rented 25,000
i,
DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHlCLES (ACORD 101, Additional Remarks Schedule, may ba attached If more space la required) '10 Day Notice of Cancellation for Non Payment/Non Reportigp of Premium Re: Landscape Maintenance Districts/Zones 2021/22 Contra I
.. See Holder Notes for additional Insured wording ..

I
I
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CJ-LAVE r SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ii THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN j ACCORDANCE WITH THE POLICY PROVISIONS, i
City of La Verne
'
Dept of Public Works AUTHORIZED REPRESENTATIVE
3660 D Street
/VMW. ~ La Verne, CA 91750 '
I
ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
June 19, 2023 City Council Agenda Packet
343
NOTEPAD:

HOLDER CODE CI-LAVE
INSURED's NAME Greenscape Maintenance
GRESC-3
OPID:VM
The City of LaVerne, their officials, employees and volunteers are additional insured with_primary and non-contributory wording as respects liability arising out or activities performed by or on behalf of the Contractor; P.roducts and completed operations o~ the Contractori· premises owned, leasea or used by the Contractor; or automobiles ownedi eased, or borrowed by the contractor per the attached blanket additiona insured endorsement.
\
PAGE2
Data 04/21/2023
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POLICY NUMBER: NPC100351703 COMMERCIAL GENERAL LIABILITY CG20101219
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies Insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person{s)
Or Ornanlzatlonlsl Locallon(sl Of Covered Operations
Blanket as required by written contract. Blanket as required by written contract.

Information reauired to comDlete this Schedule, if not shown above, will be shown In the Declarations.

A. Section II - Who Is An Insured Is amended to
include as an addlUonal Insured the person(s) or
organization(s) shown In the Schedule, but only
with respect to liabllity for 'bodily Injury", "property damage" or "personal and advertising injury"
caused, in whole or In part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional lnsured(s) at the location(s)
designated above.

However:

1. The Insurance afforded to such additional
Insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional Insured is
required by a contract or agreement, the
Insurance afforded to such additional Insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the Insurance afforded to these
addlUonal insureds, the following addiUonal
exclusions apply:

This Insurance does not apply to "bodily Injury" or
"property damage' occurring after.

1. All work, including materials, parts or
equipment furnished In connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional lnsured(s) at the
location of the covered operations has been
completed; or

2. That portion of "your work' out of which the
Injury or damage arises has been put to Its
intended use by any person or organization
other than another contractor or subcontractor
engaged In performing operations for a
principal as a part of the same project.

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345
C. With respect to the insurance afforded to these
additional Insureds, the following Is added to
Section Ill - Umlts Of Insurance:

If coverage provided to the addlUonal Insured Is
required by a contract or agreement, the most we
will pay on behalf of the additional Insured Is the
amount of Insurance:
1, Required by the contract or agreement; or
,

2. Available under the applicable limits of
Insurance;
whichever is less.

This endorsement shall not Increase the
applicable limits of Insurance.

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POLICY NUMBER: NPC100351703 COMMERCIAL GENERAL LIABILITY CG20371219
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies Insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or O"'anlzatlonlsl Location And Descrlotlon Of Comoleted Ooeratlons Blanket as required by written contract. Blanket as required by written contract. '
Information ...,,ulred lo comnlete this Schedule If not shown above will be shown In the Declarations.

A. Section II - Who Is An Insured is amended lo
include as an additional Insured the person(s) or
organlzatlon(s) shown In the Schedule, but only
with respect to liability for "bodily Injury" or
"property damage• caused, In whole or In part, by
"your work" at the location designated and
described In the Schedule of this endorsement
performed for that additional Insured and Included
In the •products-completed operations hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law;and

2. If coverage provided to the additional Insured Is
required by a contract or agreemeni the
Insurance afforded to such additional Insured
wlli not be broader than that which you are
required by the contract or agreement to
provide for such additional Insured.

B. Wllh respect to the Insurance afforded to these additional Insureds, the followlng is added to Section Ill - Limits Of Insurance:

If coverage provided to the additional Insured Is
required by a contract or agreement, the most we
will pay on behalf of the addlUonal Insured Is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
Insurance;
whichever Is less.

This endorsement shall not Increase the
applicable limits of Insurance.

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COMMERCIAL GENERAL LIABILITY
CG20011219
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY -
OTHER 1.NSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This Insurance is primary to and will not seek
contribution from any other insurance available to
an additional insured under your policy provided
that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this Insurance would be
primary and would not seek contribution
from any other Insurance avallable to the
additional Insured.

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ENDORSEMENT#
Policy No. NPC-1003517-03 issued to GREENSCAPE MAINTENANCE SERVICES, INC. by Greenwich Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY XL Plus Endorsement
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read this endorsement carefully to detennine rights, duties, and what is and is not covered.

A. Reasonable Force - Bodily Injury or Properly Damage

8. Damage To Premises Rented To You Extension
• Perils of fire, lightning, explosion, smoke, aircraft or vehicles, riot or civR commotion, vandalism, leakage from fire extinguishing equipment or water damage • Limit increased to $300,000
C. Aircraft Chartered with Crew
D. Non-Owned Watercraft
E. Personal and Advertising Injury -Assumed by Insured Contract F. Increased Supplementary Payments
• Cost for bail bonds increased to $5,000
• Loss of earnings increased to $1,000 per day
G. Broadened Named Insured
H. Blanket Additional Insured - Managers or Lessors of Premises I. Blanket Additional Insured - Lessor of Leased Equipment J. Injury to Co-Employees and Co-Volunteer Workers
K. Knowledge and Notice of Occurrence or Offense
L. Unintentional Omission
M. Liberalization
N. Blanket Waiver of Subrogation

0. Incidental Medical Malpractice Injury
P. Extension of Coverage - Bodily Injury
Q. Coverage Terr~ory
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A. REASONABLE FORCE - BODILY INJURY OR PROPERTY DAMAGE
Exclusion a. Expected Or Intended Injury of Part 2., Exclusions of Coverage A. Bodily Injury And Properly Damage Liability of Section I - Coverages is deleted in its entirely and replaced by the followintr
[This insurance does not apply to:)
Expected or Intended Injury or Damage
'Bodily injury'' or 'property damage" expected or intended from the standpoint of the insured.

This exclusion does not apply to "bodily injury' or 'property damage' resulting from the use of reasonable force to protect persons or property.

B. DAMAGE TO PREMISES RENTED TO YOU EXTENSION

1. The last paregraph of 2. Exclusions of Coverage A. Bodily Injury And Property Damage Liability of Section I -Coverages is deleted in its entirety and replaced by the following:

Exclusions c. through n. do not apply to damages to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, lightning, explosion, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage. A separate limit of insurance applies to this coverage as described in Section Ill- Limits of Insurance.

2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by:
a. Rupture, bursting, or operation of pressure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from water; or
c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines.

3. Paragraph 6. of Section 111- Limits of Insurance is deleted in its entirety and replaced by the following:

6.a.Subject to Paragraph 6. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of 'property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, explosion, lightning, smoke, aircraft or vehicle, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage.

The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same "occurrence", whether such damage results from fire, explosion, lightning, smoke, aircraft or vehicle or riot or civil commotion, vandalism, leakage from fire extinguishing equipment or waler damage or any combination of any of these. b. The Damage to Premises Rented to You Llmtt will be the higher of:
(1 J $300,000; or
(2) The amount shown on the Declarations for Damage to Premises Rented to You Limit.

Form XIL 4361208 ©2008, XL America, Inc. Page 2 of8
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4. Paragraph 9.a. of the definition of "insured contract" under Section V- Definitions, Is deleted in its entirety and replaced by the following:
["Insured contract" means:]
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, aircraft or vehicle, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage to premises while rented to you, or temporarily occupied by you wtth the permission of the owner is not an "insured contract".

5. This Article B. does not apply if coverage for Damage to Premises Rented to You of Coverage A. Bodily Injury And Property Damage Uabllfy of Section I - Coverages is excluded by endorsement.

C. AIRCRAFT CHARTERED WITH CREW

1. The following Is added to the exceptions contained in Exclusion g., Aircraft, Auto or Watercraft in Part 2., Exclusions of Coverage A. Bodily Injury And Property Damage of Section I -Coverages:
[This exclusion does not apply to:)
Aircraft chartered with crew lo any insured.

2. This Article c. does not apply if the chartered aircraft is owned by any insured.

3. The insurance provided by this Article C. shall be excess over any valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy.

D. NON-OWNED WATERCRAFT

1. The exception contained in Subparagraph (2) of Exclusion g. Aircraft. Auto or Watercraft in Part 2., Exclusions of Coverage A. Bodily Injury And Property Damage Liability of Section I - Coverages is deleted in its entirety and replaced by the following:
(2) A watercraft you do not own that is:
(a) 50 feet long or less; and
(b) Not being used to carry persons or property for a charge;

2. This Article D. applies to any person who, with your expressed or implied consent, either uses or is responsible for the use of the watercraft.

3. This insurance provided by this Article D. shall be excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy.

E. PERSONAL AND ADVERTISING INJURY -ASSUMED BY INSURED CONTRACT

1. Exclusion e. Contractual Liability in Part 2., Exclusions of Coverage B. Personal And Advertising Injury Liability of Section I -Coverages is deleted in its entirety and replaced by the following:

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[This insurance does not apply to;)
e. Contractual Liability
"Personal and Advertising Injury' for which the insured has assumed liability In a contract or agreement. This exclusion does not apply to liability for damages:

1. That the Insured would have in the absence of the contract or agreement; or

2. Assumed in a written contract or agreement that is an "insured contract"; provided the "personal and advertising injury• is caused by an offense which occurs subsequent to the execution of the contract or agreement

2. Subparagraph f. of the definition of 'insured contract" Section V.- Definitions Is deleted in its entirety and replaced by the following;
f. That part of any other contract or agreement pertaining to your business, Including an indemnification of a municipality in connection for work performed for a municipality, under which you assume the tort liability of anther party to pay for "bodily injury", "property damage" or "personal and advertising injury" to a third party or organization.

Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.

2. This Article E. does not apply if Coverage B. Personal And Advertising Injury Liability is excluded by endorsement.

F. INCREASED SUPPLEMENTARY PAYMENTS
Subparagraphs 1. b. and d. of Supplementary Payments -Coverages A And B of Section I - Coverages are amended as follows;

1. In Subparagraph b., the amount we will pay for the cost of bail bonds is increased up to $5,000.

2. In Subparagraph d., the amount we will pay for a loss of earnings is increased up to $1,000 a day.

G. BROADENED NAMED INSURED

1. The Named Insured in Item 1. of the Declarations is as follows:

The person or organizations named in Item 1. of the Declarations and any organization, other than a partnership or joint venture, over which you maintain ownership or majority Interest on the effective date of the policy. However, coverage for any such organization will cease as of the date that you no longer maintain ownership of, or majority interest in, such organization.

2. This Article G. does not apply to any person or organization for which coverage is excluded by endorsement
Form XIL 4361208 © 2008, XL America, Inc. Page 4 of 8
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H. BLANKET ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES

1. Section II-Who Is An Insured is amended to include as an insured any person or organization with whom you have agreed in a wrttten contract executed prior lo loss (an "additional insured"), but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions:
a. Limits of Insurance. The Limits of Insurance afforded to the "additional insured" shall be the limits you agreed to provide, or the limits shown on the Declarations, whichever is less.
b. The insurance afforded to the "additional insured" does not apply to:
(1) Any "occurrence" that takes place after you cease to be a tenant in that premises; (2) Any premises for which coverage is excluded by endorsement; or (3) structural alterations, new construction or demolition operations performed by or on behalf of such "additional insured".

2. The insurance afforded to the 'additional insured" is excess over any valid and collectible insurance available to such 'additional insured", unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis.

I. BLANKET ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT

1. Section II-Who Is An Insured is amended to include an "additional insured" (as defined in Article H. above), but only with respect to their liability arising out of maintenance, operation or use by you of equipment leased to you by such "additional insured", subject to the following provisions:
a. Limits of Insurance. The Limits of Insurance afforded to the 'additional insured" shall be the limits which you agreed to provide, or the limits shown on the Declarations, whichever is less.
b. The insurance afforded to the "additional insured" does not apply to:
(1) Any "occurrence" that takes place after the equipment lease expires; or (2) "Bodily injury" or "property damage" arising out of the sole negligence of such additional insured.

2. The insurance provided to the "additional insured' is excess over any valid and collectible insurance available to such "additional insured', unless you have a written contract for this insurance lo apply on a primary or contributory basis.

J. INJURY TO CO-EMPLOYEES AND CO-VOLUNTEER WORKERS

1. Section II-Who Is An Insured is amended to include your "employees" as Insureds with respect to "bodily injury" to a co-"employee" in the course of the co-"employee's" employment by you, or to your •volunteer workers" while performing duties related to the conduct of your business, provided that this coverage for your "employees" does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business.

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2. Section II -Who Is An Insured is amended to include your 'volunteer workers" as Insureds with respect to 'bodily injury' to a co-"volunteer worker" while performing duties related to the conduct of your business, or to your "employees" employment by you, provided that this coverage for your 'volunteer workers" does not apply while performing duties unrelated to the conduct of your business.

K. KNOWLEDGE AND NOTICE OF OCCURRENCE OR OFFENSE
The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit of the Section IV• Commercial General Liability Conditions:

Notice of an "occurrence" or of an offense which may result in a claim under this Insurance shall be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to any Insured listed under Paragraph 1. of Section II-Who Is An Insured or any "employee' (such as insurance, loss control, risk manager or administrator) designated by you to give such notice.

Knowledge of any other "employee(s)" of an 'occurrence" or of an offense does not Imply that you also have such knowledge.

Notice shall be deemed prompt if given in good faith as soon as practicable to your workers compensation insurer. This applies only if you subsequently give notice to us as soon as practicable after any Insured listed under Paragraph 1. of Section II-Who Is An Insured or an 'employee" (such as an insurance, Joss control, or risk manager or administrator) designated by you to give such notice discovers that the 'occurrence", offense or claim may involve this policy.

L. UNINTENTIONAL OMISSION
The following is added to Paragraph 6., Representations, of Section IV- Commercial General Liability Conditions:

The unintentional omission of, or unintentional error in, any information provided by you shall not prejudice your rights under this insurance. However, this Article L. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable state insurance laws or regulations.

M. LIBERALIZATION
The following is added to Section IV-Commercial General Liability Conditions:

Liberalization
After the issuance of this policy, if we adopt a change in our forms or rules which would broaden the coverage provided by any form that is a part of this policy without a premium charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state.

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N. BLANKET WAIVER OF SUBROGATION
The following is added to Section IV-Commercial General Liability Conditions:

Waiver of Subrogation
We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work'; or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you prior to loss.

0. INCIDENTAL MEDICAL MALPRACTICE INJURY

1. For insurance applicable to this Article 0, the definition of 'bodily injury" in Section V - Definitions is amended to include, "Incidental Medical Malpractice Injury".

2. The following definition is added to Section V- Definitions:
"Incidental medical malpractice injury" means "bodily injury", mental anguish, sickness or disease sustained by a person, including death resulting from any of these at any time, arising out of the rendering of, or failure to render, the following services:
a_ Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; b. The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances;
c. First aid; or
d. "Good Samaritan Services". As used in this Article o., "Good Samaritan Services" are those medical services rendered or provided in an emergency and for which no remuneration Is demanded or received.

3. Paragraph 2.a.(1)(d) of Section JI -Who Is An Insured does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only while performing the services described in Paragraph 2. above and while acting within the scope of their employment by you. Any 'employees" rendering "Good Samaritan Services" will be deemed to be acting within the scope of their employment by you.

4. The following exclusion is added to Paragraph 2- Exclusions of Coverage A. - Bodily Injury And Property Damage Liability of Section I - Coverages:
[This insurance does not apply to:)
Willful Violation of Penal Statute
Liability arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals by or with the knowledge or consent of the insured.

5. For the purposes of determining the applicable Limits of Insurance, any act or omission, together with all related acts or omissions in the furnishing of services described In Paragraph 2.a. through 2.d- above to any one person, will be considered one "occurrence".

6. This Article o. does not apply if you are in the business or occupation of providing any of the services described in Paragraph 2- above.

Form XIL 436 1208 © 2008, XL America, Inc. Page 7 of 8
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7. The insurance provided by this Article o. shall be excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased speclfically by you to be excess of this policy.

P. EXTENSION OF COVERAGE -BODILY INJURY
The definition of"bodily injury" Section V- Definitions is deleted in its entirety and replaced by the following:

3. "Bodily injury" means bodily injury, mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, Including death resulting from any of these at any time.
•
Q. COVERAGE TERRITORY
The definition of "coverage territory• Section V- Definitions is deleted In Its entirety and replaced by the following:

4. "Coverage territory" means anywhere in the world.

This insurance does not apply lo:
a. "bodily injury' or 'property damage" that takes place; or b. "personal and advertising injury' caused by an offense committed outside the United Slates of America (including its possessions and territories), Canada and Puerto Rico, unless a "suit" on the merits (to determine the lnsured's responsibility to pay damages to which this insurance applies) is brought in the United States of America (including its possessions and territories), Canada or Puerto Rico.

This insurance does not apply to damage, loss, cost or expenses in connection with any "suit'' brought outside the United Stales of America (including its possessions and territortes), Canada or Puerto Rico.
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INSURED: GREENSCAPE MAINTENANCE SERVICES, INC.

POLICY NUMBER: NBA100351403 XIC 4211013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

XL PLUS BUSINESS AUTO EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

COVERAGE DESCRIPTION
A.

B.
c.

G,
H.

Temporary Substitute Auto Physical Damage
Who Is An Insured

1. Broad Form Insured

2. Employees As Insureds

3. Additional Insured By Contract, Agreement or Permit

4. Employee Hired Autos
Supplementary Payments
Amended Fellow Employee Exclusion
Physical Damage Coverage

1. Rental Reimbursement

2. Extra Expense - Broadened Coverage

3. Personal Effects Coverage

4. Lease Gap

5. Glass Repair-Waiver Of Deductible
Physical Damage Coverage Extensions

1. Additional Transportation Expense

2. Hired Auto Physical Damage
Business Auto Conditions

1. Notice Of Occurrence

2. Waiver Of Subrogation

3. Unintentional Failure To Disclose Hazards

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A.

Temporary Substitute Auto Physical Damage
SECTION I - COVERED AUTOS, C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos Is changed by adding the following:

If Physical Damage coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Physical Damage coverage:

1. Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto' you own that is out of service because of its:
a. Breakdown;
b. Repair;
C. Servicing;
d.
11 Loss
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e. Destruction.

Who Is An Insured
SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is changed by adding the following:

1. Broad Form Insured

2. 3.

For any covered "auto", any subsidiary, affiliate or organization, other than a partnership or joint venture, as may now exist or hereafter be constituted over which you assume active management or maintain ownership or majority interest provided that you notify us within ninety (90) days from the date that any such subsidiary or affiliate is acquired or formed and that there is no similar insurance available to that organization. However, coverage does not apply to 'bodily injury" or "property damage" that occurred before you acquired or formed the organization.

Employees As Insureds
Any 'employee" of yours is an 'insured" while using a covered "auto" you don't own, hire or borrow, in your business or your personal affairs.

Additional Insured By Contract, Agreement Or Permit
Any person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is provided under this policy, provided that the 'bodily injury" or "property damage" occurs subsequent to the execution of the written contract, agreement or permit.

4. Employee Hired Autos
An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business.

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SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, b. is replaced with the following:
b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own:
(1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business.

However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered uauto'1•
C. Supplementary Payments
D.

SECTION II - COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a.

Supplementary Payments is changed as follows:

Item (2) is deleted and replaced by the following:
(2) Up to $3,500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds.

Item (4) is deleted and replaced by the following:
(4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of lime off from work.

Amended Fellow Employee Exclusion
SECTION II - COVERED AUTOS LIABILITY COVERAGE, B. Exclusions, 5, Fellow Employee does not apply.

The insurance provided under this Provision D. is excess over any other collectible insurance.

Physical Damage Coverage
SECTION 111-PHYSICAL DAMAGE COVERAGE, A. Coverage is changed by adding the following:

1. Rental Reimbursement
a. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage.
b. We will pay only for those expenses incurred during the policy period beginning twenty-four (24) hours after the "loss• and ending, regardless of the policy's expiration, with the lesser of the following number of days:

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(1) The number of days reasonably required to repair or replace the covered "auto•. If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered 'auto" and return it to you. (2) Thirty (30) days.
c. Our payment Is limited to the lesser of the following amounts; (1)
(2)
Necessary and actual expenses incurred.
$50 any one day per private passenger "auto•;
$100 any one day per truck;
$1,500 any one pertod per private passenger "auto";
$3,000 any one period per truck; or
Higher limits if shown elsewhere in this policy.
d. This coverage does not apply while there are spare or reserve "autos" available to you for your operations.
e. If 'loss" results from the total theft of a covered "auto• of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which Is not already provided for under the Physical Damage Coverage Extension

2. Extra Expense - Broadened Coverage
We will pay for the expense of returning a stolen covered "auto• to you.

3. Personal Effects Coverage

4. XIC 4211013
If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $500 for "personal effects' stolen from the 'auto".

As used in this endorsement, •personal effects" means tangible property that Is worn or carried by an "insured". "Personal effects• does not include tools, jewelry, money or securities.

Lease Gap
In the event of a total "loss" to a covered "auto" shown in the Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto", less:
a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any:
(1) Overdue lease/loan payments at the time of the 'loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage;
(3) Security deposits not returned by the lessor;
(4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchases with the loan or lease; and
(5) Carry-over balances from previous loans or leases.
© 2013 X.l. America, Inc. All Rights Reserved. Page 4 of6 May not be copied without permission.

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5. Glass Repair- Waiver Of Deductible
No deductible applies to glass damage if the glass is repaired rather than replaced.

F. Physical Damage Coverage Extensions
SECTION Ill - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by the following:

1. Additional Transportation Expense
Sections a. and b. are amended to provide a limit of $50 per day and a maximum limit of $1,000.

2. Hired Auto Physical Damage
The following section is added:

Any "auto" you lease, hire, rent or borrow is deemed to be a covered 'auto" for physical damage coverage. The most we will pay for each covered "auto" is the lesser of:
(1) the actual cash value;
(2) the cost for repair or replacement; or
(3) $50,000, or higher limit if shown on the Declarations for Hired Auto Physical Damage Coverage.

For each covered 'auto" a deductible of $100 for Comprehensive Coverage and $1,000 for Collision Coverage will apply.

G. Business Auto Conditions
SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions is changed by the following:

1. 2.

XIC 4211013
Notice Of Occurrence
Section 2. - Duties In The Event Of Accident, Claim, Suit Or, Loss, a. is changed by adding the following:

If you report an injury to an "employee" to your workers' compensation carrier and if ii is subsequently determined that the injury is one to which this insurance may apply, any failure to comply with this condition will be waived if you provide us with the required notice as soon thereafter as practicable after you know or reasonably should have known that this insurance may apply.

Waiver Of Subrogation
Section 5. Transfer Of Rights Of Recovery Against Others To Us is changed by adding the following:

However, this Condition does not apply to any person(s) or organization(s) with wrom you have a written contract, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under such contract wtth that person or organization.
© 2013 X.L. America, Inc. All Rights Reserved. Page 5 of 6 May not be copied without permission.

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361
SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions is changed by the following:

3. Unintentional Failure To Disclose Hazards
The following condition is added:

Your unintentional failure to disclose all hazards as of the inception date of the policy shall not prejudice any insured with respect to the coverage afforded by this policy.

4. Primary Insurance
Condition 6. Other Insurance is changed by adding the following:

For any covered "auto" this insurance shall apply as primary and not contribute with any other Insurance where such requirement is agreed in a written contract executed prior to a "loss".

H. Bodily Injury Redefined
SECTION V - DEFINITIONS, C. "Bodily injury" is replaced by the following:
"Bodily injury" means bodily Injury, sickness or disease sustained by a person including mental anguish, mental injury, shock, fright or death resulting from any of these at any time.

I. Extended cancellation Condition
COMMON POLICY CONDITIONS (Form IL 0017), A. Cancellation, 2.b. Is replaced by the following:

The greater of sixty (60) days or the time required by any applicable stale amendatory endorsement before the effective date of cancellation if we cancel for any other reason.

All other te1TT1s and conditions of this policy remain unchanged.

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The parties agree as follows :
1 . The Agreement is amended by extending the term from July 1, 2023, through June 30, 2024.

2. All of the remaining terms and provisions of the AGREEMENT between the City of La Verne and Greenscape Maintenance Services , Inc. dated July 18, 2022 (Exhibit A) and the updated Fee Services Schedule ( Exhibit B) for one 2023-2024 are hereby reaffirmed.

Dated:

ATTEST:

Lupe Gaea Estrella, CMC
Assistant City Clerk

CITY OF LA VERNE
Mayor Tim Hepburn

GREENSCAPE MAINTENANCE
SERVICES, INC.

Qd,Lfl
Rob Franklin, Owner
June 19, 2023 City Council Agenda Packet
363

AGREEMENT
THIS AGREEMENT, made and entered into this 18th day of July , 2022, by and between the City of La Verne, California, hereinafter called "City", and- Greens cape Ma1ntenance Services, Inc. hereinafter called "Contractor".

WITNESSETH: That the parties hereto do mutually agree as follows:

SPORTS PARK MAINTENANCE 2022/23
in accordance with the Specifications and Drawings therefore, to furnish at his own expense all labor, materials, equipment and services as may be stipulated in said Specifications to be furnished by said City, and to do everything required by this Agreement and the said Specifications.

ARTIQ,Eil
For furnishing all said labor, materials, equipment, tools and services, that are necessary and required for Landscape Maintenance, and doing everything required by this Agreement and the said Specifications; also, for all losses and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise during the - prosecution of the work ·until its acceptance by said City, and for all risks of every description connected with the work; also, for all expenses resulting from the suspension or discontinuance of work, except as in the said Specifications are expressly stipulated to be borne by said City; and for completing the work in accordance with the requirements of said Specifications and Drawings as directed by the Engineer, said City will pay and said Contractor shall receive, in full compensation therefore, the price(s) named in the Proposal.

ARTICLEill
The City hereby employs said Contractor to perform the work according to the terms of this Agreement for price(s) named in the Proposal, and agrees to pay the same at the time, in the manner, and upon the conditions stipulated in the said Specifications; and the said parties for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained.

ARTICLEIV
The Notice to Contractors, General and Special Provisions Book, 'Bidder's Book including the Proposal, and Information Required of Bidder, along with the Contract Documents and all addenda issued by the City with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made part of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written.

CITY OF LA VERNE, CALIFORNIA
Recommended for signature by:

Approved by:
~ i&~ ~ (SEAL)
( ity Clerk)
CONTRACTOR:

Gca.-~b-fC: JY\di~c<.,~11ic.ao
B:C.'1!°"" .;1:.._ffe
(Signature)
(Title)
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---N•am=• __________ ..;;M;;;:em;,;;• _________ .,:•;;:•los:;;;.;,Pdca=:, _ _.,:c::;PI;._ INCREASE

CITY OF LA VERNE SPORTSPARK
TOTAL
CITY OF LA VERNE LA VERNE SPORTSPARK 7.90% $ 1,282.09 $ 17,511.09 ,, I
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It~ - . ---- GRESC-3 -- ·- ... 1· I
~CORD" 'CERTIFICATE OF LIABILITY INSURANCE I DATEIMM/DO/YY~I ii . 4------ 04/21/2023 ), , ·THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS I' CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 11 BELOW. THIS CERTIFICATE OF INSURANC_E DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED 1: I-( 'DRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. I; .,'ORTANT: If the certificate holder Is an. ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions .or be endorsed, i If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on 1 this certlHcate does not confer rlahts to the certificate holder In lieu of such endorsementfSt ! ••ooucER 909•980-4211 ~~!!!9o~NIA.~cT.-:V.::lc~k:==I ::;M;;a;,;rt:::ln;;e;;z'-c-------rc=-==-==-==---ll itttggf f:}:~~!re~~tn~ervlces ~1!!~ -~~;:og.g~s~"l~~:-r-!~!-1-n-e~Jn_s_._c_o_m ___ !.JIF,,tf,,,c,.,, N::,'•"'':.9_0_9_-_s_s_o-4_7_8_5 __ ~,, RANCHO CUCAMONGA, CA 91729 •' Robert-W. Young 1 ·-F,.,RorNr.. •.• ,,." :INSURED:. ~ ··
; Greenscape· Maintenance·
Services, Inc. P.O. Box 1608 Upland, CA 91785
1NsURERA!Greenwlch Insurance Comnanv 22322
INSURER 8 , XL. Speciality Insurance Co, 37885
INSURER r. •
liNSURER D : I' f"'""'""'=-------------------1-----1,,
JNSURER E:
1:. INSURERF: l)ij
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THIS .IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD i'

INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS I CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO .ALL THE TERMS, 1 bE~X;-,Ce!Le:U::,Se,IO,,,N,eS"'AN~D""C"'O"'N"D,_,IT,_,10,_,N,sSc,Oe!F:.:Se,Ue!C!!Hc;P:,,O~L"'IC~IE~S;;·;,.Lle,M,clTc,Sc,Se,He,OC!W!!N!cMA=Y'-H'-'Ac,.VE=BeeE=E""Nc;R;=E;;:D,;U,,cE~D':=BY'-rPA~l"'D.;;C:aLAl'E:M~ST. ---------------1:
~''li"~.:,•·i.~-_:TY!;!!'.PE~OF!:Jl!!!NS~U!!RA~NC!!!EL_ __ __jlt•Drs,0s:'jl"ii"1ii~4-__ _.!;P0!!!L:!!IC,!Y:!N!!!U!:!M.!!BE~R!.... __ -1,rJw'OillLiiJICYiwE~FFnj.iJ'li0!ii'il'CLilY/iEX,:P!l.j. ______ ..JLI!!M!!!IT~S----:-==-::-:-::I" 1,000,000 A X COMMERC1AL GENERAL LIABILITY !:ACM or.CURRENCE I ., I CLAIMS-MADE CR] OCCUR )( NPC-1003517-03
~
04/21/2023 04/21/202~ OAMAGETORENTED Io
M"'ri f;XP fAnv on- AArson' I "
100,000
5,000 t:
1,000,000 j: I
2,000,000 !1 \
2,000,000 !I I
~
l.,Qg_ 'L AGGRrn LIMIT APLJS PER:

L..._ POLICY X ~f&f LOC
,..,..H ......
r
'~OMOSILE LIABILITY
• A.'IYAUTO_ -2 -OWNED SCHEDULED
~ AUTOS ONLY ,_ AUTOS
~ ~11\'il's ONLY ~8¥oi"611t~
X' NBA-1003514,03
PERMNAL & ADV l»JURY I "'
neNERALAnGREGATE l1t:

PRl"IO'"'T!:!-"'"'''Pl"PAG" I ..
,.
9_0MBl~_f.[?JilNGLE LIMl'f I .,
04/21/2023 04/21/2024" l"BODILYINJURYIPet ,er;on' I•
J!Q.P.ILVJU"'RY IP~r accident
riJ:!!B-LhNAMAGE 1 ..
,.!
I--L--L-----'---'-----1---+-..a....i,-~------+---+---+------t': •.__ ____ I! I.-- UMBRELLA LIAB H OCCUR I J:Aru-nN"IIRDCN"'c I •
EXCESS LIAS ClAIMS-MAOE NO COVERAGE PROVIDED HERS Anr.,Rcr.,ATe I • OED I I RETENTION s I ..

WORKERS COMPENSATION ANO .EMPLOYERS' LIAf31LITY
ANY PROPRIETOR/PARTNER/EXECUTIVE"
QFFICERIMEMe,a EXCLUDED? (Manda!ofy In NH)
I ~}:!~!lrJE.~ ';!"'j4!.I" --RATln~/<> b .. , .... u
B Inland Marine
a· NIA

NO 'COVERAGE PROVIDED HERE
NBA-1003515'03
E.L EACH AC"IDENT .
...... , .... A ....... ,., '"YUM .......
04/21/2023 04/21/2024 Leased or
Rented 25,000
I I
I-.L __________ .L...1._L. ________ .._ __ __, ___ -'--------'-------;11, DESCRIPTION or- OPERATIONS I LOCATIONS /VEHlCLES (ACORD 101, Additional R1marka Schedule, may b• attached If rm:irv 1paee I• required) RE Sports Park Malnt_enance 2022/23. The C.lt)I of l.a Veme,lts electiicl'and 1 ajlpolnte-dffifflcliilsiemployees·,and/or.agents are named as additional Insureds with respects to general llablllty and auto llablllty. Coverage Is primary[non-confrlbutory, '30 Days NOC,
City of La Verne
3660 'D' Stree.t
l.aVerne, CA 91750
' ACORD 25 (2016/03)
CITI.A02

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE Wlt.L BE DELIVERED IN

ACCORDANCE WITH THE POLICY PROVISIONS,

AUTHORIZED REPRESENTATIVE
()JqjvJ, ~
© 1988-2015 ACORD CORPORATION, All.rights reservod,
The. ACORD name and logo are registered marks of ACORD
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367
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POLICY NUMBER: NPC100351703 COMMERCIAL GENERAL LIABILITY CG20101219
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies Insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insur;~ Person(s)
Or Omanlzatlon sl Locatlonlsl Of Covered Oneratlons
Blanket as required by written contract. Blanket as required by written contract.
lnfonnation reouired to comolete this Schedule, If not shown above, will be shown In the Declarations.

A. Section II - Who Is An Insured is amended to
include as an additional Insured the person(s) or
organization(s) shown In the Schedule, but only
with respect to liability for "bodily Injury•, "property damage" or "personal and advertising injury"
caused, in whole or In part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the perfonnance of your ongoing operations for
the additional lnsured(s) at the location(s)
designated above.

However:

1. The Insurance afforded to such additional
Insured only applies to the extent pennltted by
law;and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such addlllonal Insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily Injury" or
"property damage• occurring after:

1. All work, including materials, parts or
equipment furnished In connection with such
work, on the project {other than service,
maintenance or repairs) to be perfonned by or
on behalf of the additional lnsured(s) at the
location of the covered operations has been
completed; or

2. That portion of "your work" out of which the
Injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in perfonning operations for a
principal as a part of the same project.

CG20101219 © Insurance Services Office, Inc., 2018 Page 1 of 2 l1 I
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C. With respect to the insurance afforded to these
additional insureds, the following Is added to
Section Ill - Limits Of Insurance:

If coverage provided to the additional Insured is
required by a contract or agreement, the most we
will pay on behalf of the additional Insured is the
amount of Insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
Insurance;
whichever is less.

This endorsement shall not Increase the
applicable limits of insurance.

Page 2 of 2 ends

La Verne City CouncilJune 19, 2023

La Verne City Council
June 19, 2023