Agenda packet, first session — La Verne City Council, June 19, 2023 (part 3 of 4)

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POLICY NUMBER: NPC100351703 COMMERCIAL GENERAL LIABILITY CG 20 371219
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 Omanizatlon/sl Location And DescriDtlon Of ComDleted ODeratlons Blanket as required by written contract. Blanket as required by written contract.

Information reoulred to comnlete this Schedule, if not shown above, will be shown In the Declaratlons.

A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organizalion(s) shown in the Schedule, but only
with respect to liability for "bodily Injury"' or
"property damage• caused, In whole or In parl, 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 agreement, the
insurance afforded to such additional Insured
will not be broader than that which you are
required by the contract or agreement lo
provide for such additional insured.

B. With respect to the Insurance afforded to these
additional insureds, the following is added lo
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.

CG20 371219 © Insurance Services Office, Inc., 2018 Page 1 of 1 (I ,,
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COMMERCIAL GENERAL LIABILITY
CG20011219
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY -
OTHER I_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 ls 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 available to the
additional insured.

CG 20 011219 © Insurance Services Office, Inc., 2018 Page1 of1 I
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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 determine rights, duties, and what is and is not covered.

A. Reasonable Force - Bodily Injury or Property Damage
B. Damage To Premises Rented To You Extension
• Perils of fire, lightning, explosion, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or waler 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 Territory
Form XIL 4361208 © 2008, XL America, Inc. Page 1 of 8
Includes copyrighted material of Insurance Services Office, Inc., with its permission. j
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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 Property Damage Liability of Section I - Coverages is deleted in its entirety and replaced by the following:
[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 paragraph 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 5. 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 water damage or any combination of any of these. b. The Damage to Premises Rented to You Limtt will be the higher of:
(1) $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 of 8
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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 with 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 Liability 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 to 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:

Form XIL 4361208 © 2008, XL America, Inc. Page 3 of 8
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[fhis 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 written contract executed prior to loss (an 1: i "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 Ii provisions:
1,
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".
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2. The insurance afforded to the "additional insured" is excess over any valid and collectible 11 insurance available to such 'additional insured", unless you have agreed in a written I contract for this insurance to apply on a primary or contributory basis. li
I. BLANKET ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT j1

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 11 or use by you of equipment leased to you by such "additional insured", subject to the ( following provisions: 11
' i 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, ll
whichever is less.
b. The insurance afforded to the "additional insured" does not apply to: ll (1) Any "occurrence" that takes place after the equipment lease expires; or l, ii
(2) "Bodily injury" or "property damage" arising out of the sole negligence of such I 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 to apply on a primary or contributory basis.

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

1. Section 11- 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

1. 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, loss 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.

Form XIL 4361208 © 2008, XL America, Inc. Page 6 of 8
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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 rtght where you have agreed to do so as part of a written contrac~ 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 II -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 4361208 © 2008, XL America, Inc. Page 7 of 8
Includes copyrighted material of Insurance Services Office, Inc., with Its permission.

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7. The insurance provided by this Article 0. 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.

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 to:
a. "bodily injury" or "property damage" that takes place; or b. "personal and advertising injury" caused by an offense committed outside the United states of America (including its possessions and territories), Canada and Puerto Rico, unless a "suit' on the merits (to determine the insured'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 states of America (including its possessions and territories), Canada or Puerto Rico.

Form XIL 4361208 © 2008, XL America, Inc. Page 8 of 8
Includes copyrighted material of Insurance Services Office, Inc., with its permission.

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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. Temporary Substitute Auto Physical Damage
B. Who Is An Insured

1. Broad Form Insured

2. Employees As Insureds

3. Additional Insured By Contract, Agreement or Permit

4. Employee Hired Autos
C. Supplementary Payments
D.

Amended Fellow Employee Exclusion
Physical Damage Coverage

1. Rental Reimbursement

2. Extra Expense- Broadened Coverage

3. Personal Effects Coverage

4. Lease Gap

6. 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

4. Primary Insurance
Bodily Injury Redefined
Extended Cancellation Condition
XIC4211013 © 2013 X.L. America, Inc. Ail Rights Reserved. Page 1 of 6 May not be copied without permission.

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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
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.

2. 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.

3. 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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C.

SECTION N - 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 11 autos
11 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 "auto".

Supplementary Payments
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.

D. Amended Fellow Employee Exclusion
E.

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 Ill - 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 otheiwise 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) Necessary and actual expenses incurred.
(2) $50 any one day per private passenger "auto";
$100 any one day per truck;
$1,500 any one period per private passenger "auto";
$3,000 any one pertod per truck; or
Higher limits if shown elsewhere in this policy.
d. This coverage does not apply while there are spare or reseNe "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

3. 4.

XIC 4211013
We will pay for the expense of returning a stolen covered "auto" to you.

Personal Effects Coverage
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 ReseNed. Page 4 of 6 May not be copied without permission.

Includes ccpyrlghted material of Insurance Servioes Office, Inc., with Its permission. i ,.
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5. Glass Repair - Waiver Of Deductible
No deductible applies to glass damage if the glass is repaired rather than replaced.

Physical Damage Coverage Extensions
SECTION 111 - 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)
(3)
the cost for repair or replacement; or
$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.

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

1. 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 it 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.

2. 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 whom you have a written contract, but only to the extent that subrogation is waived prior to the "accident" or the "loss' under such contract with that person or organization.

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

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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 5, 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
I.

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.

Extended Cancellation Condition
COMMON POLICY CONDITIONS (Form IL 00 17), A. Cancellation, 2.b. is replaced by the following:

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

All otherterms and conditions of this policy remain unchanged.

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

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CITY OF LA VERNE

PROFESSIONAL SERVICE AGREEMENT
This PROFESSIONAL SERVICE AGREEMENT (PSA) ("AGREEMENT") is made and effective as of July 1, 2023 between the City of La Verne , a municipal corporation ("AGENCY") and Inter-Con Security, a California corporation ("VENDOR"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows :

I. TERM
This AGREEMENT shall commence on July 1, 2023 and shall remain and continue in effect until tasks described herein are completed , but in no event later than June 30, 2024 unless sooner terminated pursuant to the provisions of this AGREEMENT.

II. SERVICES
VENDOR shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. VENDOR shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. To the extent that Exhibit A is a proposal from VENDOR, such proposal is incorporated only for the description of the scope of services and no other terms and conditions from any such proposal shall apply to this AGREEMENT unless specifically agreed to in writing .

Ill. PERFORMANCE
VENDOR shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. VENDOR shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of VENDOR hereunder in meeting its obligations under this AGREEMENT .

IV. AGENCY MANAGEMENT
Agency's Administrative Lieutenant shall represent AGENCY in all matters pertaining to the administration of this AGREEMENT, not including the authority to enlarge the Tasks to Be Performed or change the compensation due to VENDOR. Agency's Manager shall be authorized to act on AGENCY's behalf and to execute all necessary documents which enlarge the Tasks to Be Performed or change VENDOR's compensation, subject to Section 5 hereof.

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V. PAYMENT
A. The AGENCY agrees to pay VENDOR monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks.

This amount shall not exceed the amount listed in exhibit A for the total term of the AGREEMENT unless additional payment is approved as provided in this AGREEMENT.

B. VENDOR shall not be compensated for any services rendered in connection with its performance of this AGREEMENT which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing to jprows@ lvpd .org the Agency Manager. VENDOR shall be compensated for any additional services in the amounts and in the manner as agreed to by Agency Manager and VENDOR at the time AGENCY's written authorization is given to VENDOR for the performance of said services . The Agency Manager may approve additional work not to exceed ten percent ( 10%) of the amount of the AGREEMENT , but in no event shall such sum exceed ten-thousand dollars ($10,000 .00). Any additional work in excess of this amount shall be approved by the Governing Board.

C. VENDOR will submit invoices monthly for actual services performed.

Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the AGENCY disputes any of VENDOR's fees it shall give written notice to VENDOR within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

Any final payment under this AGREEMENT shall be made within forty-five (45) days of receipt of an invoice therefore .

VI. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE A. The AGENCY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon the VENDOR at least ten (10) days prior written notice . Upon receipt of said notice, the VENDOR shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise . If the AGENCY suspends or terminates a portion of this AGREEMENT such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT.

B. In the event this AGREEMENT is terminated pursuant to this Section , the AGENCY shall pay to VENDOR the actual value of the work performed up to the time of termination. Upon termination of the AGREEMENT pursuant Rev. 5/23 Page 2 of 16 Non Construction PSA
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to this Section, the VENDOR will submit an invoice to the AGENCY pursuant to Section 5.

VII. DEFAULT OF VENDOR
A. The VENDOR 's failure to comply with the provisions of this AGREEMEN T shall constitute a default. In the event that VENDOR is in default for cause under the terms of this AGREEMENT, AGENCY shall have no obligation or duty to continue compensating VENDOR for any work performed after the date of default and can terminate this AGREEMENT immediately by written notice to the VENDOR. If such failure by the VENDOR to make progress in the performance of work hereunder arises out causes beyond the VENDOR's control, and without fault or negligence of the VENDOR , it shall not be considered a default.

B. If the Agency Manager or his/her designee determines that the VENDOR is in default in the performance of any of the terms or conditions of this AGREEMENT, he/she shall cause to be served upon the VENDOR a written notice of the default. The VENDOR shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance . In the event that the VENDOR fails to cure its default within such period of time or fails to present the AGENCY with a written plan for the cure of the default , the AGENCY shall have the right, notwithstanding any other provision of this AGREEMENT, to terminate this AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this AGREEMENT.

VIII. OWNERSHIP OF DOCUMENTS
A. VENDOR shall maintain complete and accurate records with respect to other such information required by AGENCY that relate to the performance of services under this AGREEMENT. VENDOR shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services . All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. VENDOR shall provide free access to the representatives of AGENCY or its designees at reasonable times to such books and records ; shall give AGENCY the right to examine and audit said books and records; shall permit AGENCY to make transcripts or copies therefrom as necessary ; and shall allow inspection of all work, data, documents , proceedings , and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

B. Upon completion of, or in the event of termination or suspension of this AGREEMENT , all original documents, designs, drawings , maps, models, Rev. 5/23 Page 3 of 16 Non Construction PSA
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computer files , surveys , notes, and other documents prepared in the course of providing the services to be performed pursuant to this AGREEMENT shall become the sole property of the AGENCY and may be used, reused , or otherwise disposed of by the AGENCY without the permission of the VENDOR. With respect to computer files , VENDOR shall make available to the AGENCY , at the VENDOR's office and upon reasonable written request by the AGENCY , the necessary computer software and hardware for purposes of accessing , compiling , transferring , copying and/or printing computer files . VENDOR hereby grants to AGENCY all right, title, and interest, including any copyright , in and to the documents , designs, drawings , maps, models, computer files, surveys, notes, and other documents prepared by VENDOR in the course of providing the services under this AGREEMENT.

IX. INDEMNIFICATION
A. Indemnity for auto liability
VENDOR shall indemnify , defend and hold harmless AGENCY , and any and all of its employees , officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings , administrative proceedings , regulatory proceedings , losses, expenses or costs of any kind, whether actual, alleged or threatened , including legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, VENDOR 's use of AGENCY owned automobiles, its mutually understood and agreed that VENDORS auto liability insurance is primary and auto liability insurance maintained by the AGENCY is excess and non-contributory .

B. Indemnity
Rev. 5/23
The full extent permitted by law, VENDOR shall indemnify , defend and hold harmless AGENCY , and any and all of its employees, officials and agents from and against any liability (including liability for claims , suits, actions , arbitration proceedings, administrative proceedings, regulatory proceedings , losses , expenses or costs of any kind, whether actual , alleged or threatened , including legal counsel fees and costs , court costs , interest, defense costs, and expert witness fees) , where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part , the performance of this AGREEMENT by VENDOR or by any individual or AGENCY for which VENDOR is legally liable, including but not limited to officers , agents, employees or subcontractors of VENDOR.

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X.

C. Duty to defend
In the event the AGENCY , its officers , employees , agents and/or volunteers are made a party to any action , lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this AGREEMENT , and upon demand by AGENCY , VENDOR shall have an immediate duty to defend the AGENCY at VENDOR 's cost or at AGENCY 's option, to reimburse AGENCY for its costs of defense , including reasonable attorney's fees and costs incurred in the defense of such matters . Payment by AGENCY is not a condition precedent to enforcement of this indemnity . In the event of any dispute between VENDOR and AGENCY , as to whether liability arises from the sole negligence of the AGENCY or its officers , employees, or agents , VENDOR will be obligated to pay for AGENCY 's defense until such time as a final judgment has been entered adjudicating the AGENCY as solely negligent. VENDOR will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney 's fees , expert fees and costs of litigation .

INSURANCE
VENDOR shall maintain prior to the beginning of and for the duration of this AGREEMENT insurance coverage as specified in Exhibit C attached to and part of this AGREEMENT.

XI. INDEPENDENT VENDOR
A. VENDOR is and shall at all times remain as to the AGENCY a wholly independent VENDOR and/or independent contractor . The personnel performing the services under this AGREEMENT on behalf of VENDOR shall at all times be under VEN DO R's exclusive direction and control.

Neither AGENCY nor any of its officers , employees , or agents shall have control over the conduct of VENDOR or any of VENDOR's officers , employees , or agents , except as set forth in this AGREEMENT. VENDOR shall not at any time or in any manner represent that it or any of its officers, employees , or agents are in any manner officers , employees, or agents of the AGENCY . VENDOR shall not incur or have the power to incur any debt, obligation, or liability whatever against AGENCY, or bind AGENCY in any manner .

B. No employee benefits shall be available to VENDOR in connection with the performance of this AGREEMENT. Except for the fees paid to VENDOR as provided in the AGREEMENT , AGENCY shall not pay salaries , wages, or other compensation to VENDOR for performing services hereunder for AGENCY . AGENCY shall not be liable for compensation or indemnification to VENDOR for injury or sickness arising out of performing services hereunder .

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XII.

XIII.

LEGAL RESPONSIBILITIES
The VENDOR shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this AGREEMENT. The VENDOR shall at all times observe and comply with all such laws and regulations . The AGENCY, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the VENDOR to comply with this Section .

UNDUE INFLUENCE
VENDOR declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the AGENCY in connection with the award, terms or implementation of this AGREEMENT, including any method of coercion , confidential financial arrangement, or financial inducement.

No officer or employee of the AGENCY has or will receive compensation, directly or indirectly , from VENDOR , or from any officer, employee or agent of VENDOR , in connection with the award of this AGREEMENT or any work to be conducted as a result of this AGREEMENT. Violation of this Section shall be a material breach of this AGREEMENT entitling the AGENCY to any and all remedies at law or in equity.

XIV. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
xv.

No member, officer , or employee of AGENCY, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect , in any agreement or sub-agreement , or the proceeds thereof , for work to be performed in connection with the Project performed under this AGREEMENT.

RELEASE OF INFORMATION/CONFLICTS OF INTEREST
A. All information gained by VENDOR in performance of this AGREEMENT shall be considered confidential and shall not be released by VENDOR without AGENCY's prior written authorization . VENDOR, its officers , employees , agents, or subVENDORs, shall not without written authorization from the Agency Manager or unless requested by the Agency Attorney, voluntarily provide declarations, letters of support, testimony at depositions , response to interrogatories, or other information concerning the work performed under this AGREEMENT or relating to any project or property located within the AGENCY . Response to a subpoena or court order shall not be considered "voluntary" provided VENDOR gives AGENCY notice of such court order or subpoena.

B. VENDOR shall promptly notify AGENCY should VENDOR, its officers, employees, agents , or subVENDORs be served with any summons , Rev. 5/23 Page 6 of 16 Non Construction PSA
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complaint, subpoena, notice of deposition, request for documents, interrogatories , request for admissions, or other discovery request ("Discovery "), court order, or subpoena from any person or party regarding this AGREEMENT and the work performed there under or with respect to any project or property located within the AGENCY, unless the AGENCY is a party to any lawsuit, arbitration , or administrative proceeding connected to such Discovery , or unless VENDOR is prohibited by law from informing the AGENCY of such Discovery. AGENCY retains the right, but has no obligation, to represent VENDOR and/or be present at any deposition , hearing , or similar proceeding as allowed by law. Unless AGENCY is a party to the lawsuit, arbitration , or administrative proceeding and is adverse to VENDOR in such proceeding , VENDOR agrees to cooperate fully with AGENCY and to provide the opportunity to review any response to discovery requests provided by VENDOR. However , AGENCY's right to review any such response does not imply or mean the right by AGENCY to control , direct , or rewrite said response .

XVI. NOTICES
Any notices which either party may desire to give to the other party under this AGREEMENT must be in writing and may be given either by (i) personal service , (ii) delivery by a reputable document delivery service , such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery , or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To AGENCY :

To VENDOR:

XVII. ASSIGNMENT

CITY OF LA VERNE
Attention: City Clerk
Mr. Neil Martau, Chief Administrative Officer
Inter-Con Security Systems , Inc.

The VENDOR shall not assign the performance of this AGREEMENT , nor any part thereof , nor any monies due hereunder , without prior written consent of the AGENCY . Before retaining or contracting with any sub-VENDOR for any services under this AGREEMENT , VENDOR shall provide AGENCY with the identity of the proposed sub-VENDOR, a copy of the proposed written contract between Rev. 5/23 Page 7 of 16 Non Construction PSA
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VENDOR and such sub-VENDOR which shall include and indemnity provision similar to the one provided herein and identifying AGENCY as an indemnified party , or an incorporation of the indemnity provision provided herein, and proof that such proposed sub-VENDOR carries insurance at least equal to that required by this AGREEMENT or obtain a written waiver from AGENCY for such insurance .

XVIII. LICENSES
At all times during the term of this AGREEMENT , VENDOR shall have in full force and effect , all licenses required of it by law for the performance of the services described in this AGREEMENT .

XIX. GOVERNING LAW
The AGENCY and VENDOR understand and agree that the laws of the State of California shall govern the rights, obligations , duties, and liabilities of the parties to this AGREEMENT and also govern the interpretation of this Agreement. Any litigation concerning this AGREEMENT shall take place in the municipal , superior , or federal district court with jurisdiction over the AGENCY .

XX. ENTIRE AGREEMENT
This AGREEMENT contains the entire understanding between the parties relating to the obligations of the parties described in this AGREEMENT. All prior or contemporaneous agreements , understandings , representations , and statements , oral or written and pertaining to the subject of this AGREEMENT or with respect to the terms and conditions of this AGREEMENT , are merged into this AGREEMENT and shall be of no further force or effect. Each party is entering into this AGREEMENT based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

XXI. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
VENDOR is bound by the contents of AGENCY's Request for Proposal , Exhibit "D" hereto and incorporated herein by this reference , and the contents of the proposal submitted by the VENDOR , Exhibit "E" hereto. In the event of conflict , the requirements of AGENCY's Request for Proposals and this AGREEMENT shall take precedence over those contained in the VENDOR's proposals . The incorporation of the VENDOR's proposal shall be for the scope of services to be provided only , and any other terms and conditions included in such proposal shall have no force and effect on this AGREEMENT or the relationship between VENDOR and/or AGENCY , unless expressly agreed to in writing .

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XXII. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this AGREEMENT on behalf of VENDOR warrants and represents that he/she has the authority to execute this AGREEMENT on behalf of the VENDOR and has the authority to bind VENDOR to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.

VENDOR
By:-------
Neil Martau
Chief Administrative Officer

CITY OF LA VERNE,
a Municipal Corporation
By:--- --- --
Tim Hepburn, Mayor
City of La Verne
ATTEST :

City Clerk
APPROVED AS TO FORM:

Agency Attorney
By: ------ - ---
Attachments :

Rev . 5/23
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Tasks To Be Performed
Payment Schedule
Insurance Requirements
VENDOR's Proposal

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EXHIBIT A

TASKS TO BE PERFORMED
Parking Enforcemen1 Rep. 111:IMl - O'J:.'lO I! I! H I! . ., ·'- Parking Enforcemcn1 Rep. II I :'lO - 115:.'lO ➔ 4
Parking Enforcement Rep. 119:<MJ - l.',:1111 ➔ ➔
Parking Enforcement Rep. P'J:IKI - I ':3l1 I! 8 H H .'l2 Parking Enforcement Rep. Supervisor II I:(" J - tl'J:.'\11 H I! 8 8 .12 Parking Enforcement Rep. Supervisor Ill :JO - 115:.'lO 4 ➔ Rev. 5/23 Page 10 of 16 Non Construction PSA
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EXHIBIT B

PAYMENT SCHEDULE
,. Curtl'lll Compl ·ti-..l1111n , Propo,L·ll Prnpo-,n.l {fl 1'11sitiun l.Li-."'1fit.tl11m C \ .lfl ,lllLl" " I C,11npt ·11,,11111n ( umpt.11-..llrnu .OlllJll'lls.tttun u llLfl'J"iL: err 07 01..!J l:.tT. 07 01 .Zl Parking Enforcement Rep. Supervisor Sl'J.1111 S1.H2 9. l'f'" S32.41 <.urrt. 111 Bill It.Ht "
0 Prupo -.u.1 Pr11po-.t·t..l O I
l'o-.;llltl11 c1.,, .. 1ficHmn B II l{ \ .lfl.llH.l I Ball H.,tt Bill H..tll 1 ..th.: rltn.J-.t• I ff II"' Ol 2\ I fl 07 012\
Parking Enforcement Rep. Supervisor s.,1.2'> S2..42 9.2tr- .. S.,S.26 S52.H9

TOTAL ANNUAL COST ESTIMATE
( )ur c<11ma1cJ new budgc1 for 1hc next 1·car L'ffccu\'c Juh I ·1• 202.\ •~ , bown bclm,c Hour, ltt-·gul.u I lol1d .1\ l ot.J
Po,1111111 Cl.t:-i!'t1fic.. ,u111n }ll"f I lour, Hill :\nnu.ll I !our-. I lohlf ,l\ / 1\nnu.d \rurn.1I \\ l'l..'k pt..·r R,lh.' Co-.( Jll'r O l H.1k Co-.1 Cu-.( \ l'df \ l ,tr
p ,5
Parking Enforcement Rep. Supervisor - Day 566,fKW,.72 (I SO.cW1 SM,,1Wl6.i2 Subtotal 1(11\ 5,(,16 $192,.129.28 411 $194,549.211
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EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting VENDOR's indemnification of AGENCY , and prior to commencement of Work, VENDOR shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form satisfactory to AGENCY .

General liability insurance . VENDOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01 , in an amount not less than $6,000 ,000 per occurrence , $10,000,000 general aggregate , for bodily injury , personal injury , and property damage . The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted .

Automobile liability insurance. VENDOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the VENDOR arising out of or in connection with Work to be performed under this AGREEMENT , including coverage for any owned, hired , non-owned or rented vehicles , in an amount not less than $5,000,000 combined single limit for each accident. VENDOR 's automobile liability insurance must specifically extend to use of AGENCY owned automobiles used to perform services under this agreement.

Workers' compensation insurance . VENDOR shall maintain Workers ' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) .

VENDOR shall submit to AGENCY , along with the certificate of insurance , a Waiver of Subrogation endorsement in favor of AGENCY , its officers , agents, employees and volunteers .

Umbrella or excess liability insurance. [Optional depending on limits required].

VENDOR shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above , including commercial general liability and employer 's liability. Such policy or policies shall include the following terms and conditions :
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement ; • Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and Rev. 5/23 Page 12 of 16 Non Construction PSA
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• Insureds under primary policies shall also be insureds under the umbrella or excess policies .

Other provisions or requirements
Proof of insurance. VENDOR shall provide certificates of insurance to AGENCY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers ' compensation . Insurance certificates and endorsements must be approved by Agency 's Risk Manager prior to commencement of performance.

Current certification of insurance shall be kept on file with AGENCY at all times during the term of this contract. AGENCY reserves the right to require complete , certified copies of all required insurance policies, at any time .

Duration of coverage. VENDOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property , which may arise from or in connection with the performance of the Work hereunder by VENDOR , his agents , representatives , employees or subVENDORs .

Primary/noncontributing. Coverage provided by VENDOR shall be primary and any insurance or self-insurance procured or maintained by AGENCY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance . Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of AGENCY before the AGENCY 's own insurance or self-insurance shall be called upon to protect it as a named insured .

Agency's rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced , AGENCY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by AGENCY will be promptly reimbursed by VENDOR or AGENCY will withhold amounts sufficient to pay premium from VENDOR payments.

In the alternative, AGENCY may cancel this AGREEMENT.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California , with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide , unless otherwise approved by the Agency 's Risk Manager .

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against AGENCY , its elected or appointed officers , agents , officials, employees and volunteers or shall specifically allow VENDOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. VENDOR hereby waives its Rev. 5/23 Page 13 of 16 Non Constru ction PSA
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own right of recovery against AGENCY, and shall require similar written express waivers and insurance clauses from each of its subVENDORs.

Enforcement of contract provisions (non estoppel). VENDOR acknowledges and agrees that any actual or alleged failure on the part of the AGENCY to inform VENDOR of non-compliance with any requirement imposes no additional obligations on the AGENCY nor does it waive any rights hereunder .

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance . Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive , or to the exclusion of other coverage, or a waiver of any type. If the VENDOR maintains higher limits than the minimums shown above, the AGENCY requires and shall be entitled to coverage for the higher limits maintained by the VENDOR . Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the AGENCY .

Notice of cancellation. VENDOR agrees to oblige its insurance agent or broker and insurers to provide to AGENCY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or non renewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that AGENCY and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to AGENCY and approved of in writing .

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that VENDOR's insurance shall apply separately to each insured against whom claim is made or suit is brought , except with respect to the insurer 's limits of liability . The policy(ies) shall not contain any cross-liability exclusions .

Pass through clause. VENDOR agrees to ensure that its subVENDORs , subcontractors , and any other party involved with the project who is brought onto or involved in the project by VENDOR, provide the same minimum insurance coverage and endorsements required of VENDOR. VENDOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section . VENDOR agrees that upon Rev. 5/23 Page 14 of 16 Non Construction PSA
June 19, 2023 City Council Agenda Packet
399
request , all agreements with VENDORs, subcontractors , and others engaged in the project will be submitted to AGENCY for review.

Agency's right to revise specifications. The AGENCY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the VENDOR ninety (90) days advance written notice of such change . If such change results in substantial additional cost to the VENDOR, the AGENCY and VENDOR may renegotiate VENDOR's compensation .

Self-insured retentions. Any self-insured retentions must be declared to and approved by AGENCY. AGENCY reserves the right to require that self-insured retentions be eliminated, lowered , or replaced by a deductible . Self-insurance will not be considered to comply with these specifications unless approved by AGENCY .

Timely notice of claims. VENDOR shall give AGENCY prompt and timely notice of claims made or suits instituted that arise out of or result from VENDOR 's performance under this AGREEMENT , and that involve or may involve coverage under any of the required liability policies .

Additional insurance. VENDOR shall also procure and maintain , at its own cost and expense , any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

See Attached Insurance Documents Labeled Attachment 1
Rev. 5/23 Page 15 of 16 Non Constructi on PSA
June 19, 2023 City Council Agenda Packet
400

EXHIBIT D

VENDOR'S PROPOSAL
Original proposal dated April 6, 2023 is incorporated herein and made a part hereof as though fully set forth herein.

See Attached Vendor Proposal labeled Attachment 2
Rev. 5/23 Page 16 of 16 Non Construct ion PSA
June 19, 2023 City Council Agenda Packet
401
ACORD® CERTIFICATE OF LIABILITY INSURANCE I

DATE (MM/DD/YYYY)
~
5/10/2023
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 policy(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 lieu of such endorsement(s).

PRODUCER ~2~1~cT Nicole Turbeville
Arthur J. Gallagher Risk Management Services, LLC r.~~N.\:._ •-"· 310-566-0127 \ ;ffc No': 818-539-2301 500 N. Brand Boulevard
Suite 100 !~lJ~ss: nicole turbeville<@aia.com
Glendale CA 91203 INSURER(Sl AFFORDING COVERAGE NAIC#
License#: 0069293 INSURER A: Lexinaton Insurance Companv 19437 INSURED INTESEC-05 INSURER B: Hartford Fire Insurance Comoanv 19682 Inter-Con Security Systems, Inc. INSURER c: AXIS Sumlus Insurance Comoanv 26620 210 S. De Lacey Avenue
Pasadena CA 91105 INSURER D: Prooertv a nd Casualtv Ins Co of Hartford 34690 INSURER E : Navia ators Soecialtv Insurance Comoanv 36056 INSURER F: Everest Natio nal Insurance Comoanv 10120
COVERAGES CERTIFICATE NUMBER · 1574211885 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 PERTA IN, THE INSURANCE AFFORDED BY THE POLICIES DESCR IBED HEREIN IS SUBJECT TO All THE TERMS , EXCLUSIONS AND CONDIT IONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR TYPE OF INSURANCE LTR
ADDL , ,.,on ~~~,!! POLICY NUMBER ,~~Mg~ ,~~Mg~, LIMITS A X COMMERCIAL GENERAL LIABILITY y 11170825 9/1/2022 9/1/2023 EACH OCCURRENCE $1,000,000 - ==i CLAIMS-MADE 0 OCCUR ~~~t~iJ9l.~J~r?ence 1
-
$100,000
X SIR: $500,000 MED EXP (Any one person) $5,000
I-
X Errors&Omlssion PERSONAL & ADV INJURY $1,000,000
-
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 ~ POLICY □ ~f8-r □ LOC PRODUCTS - COMP/OP AGG $INCLUDED OTHER: Errors& Omission $1,000,000
B AUTOMOBILE LIABILITY y 72 CSE S81601 9/1/2022 9/1/2023 fi,~~~~~d~~l~INGLE LIMIT $1,000,000 I-
X ANY AUTO BODILY INJURY (Per person) $
-
-OWNED SCHEDULED BODILY INJURY (Per accident) $

I- AUTOS ONLY - AUTOS
X HIRED X NON-OWNED PROPERTY DAMAGE $
-
AUTOS ONLY - AUTOS ONLY IPer accident\
X AL Ded $100K Deductible /Como/Col\ $5,000
C UMBRELLA LIAB ~ OCCUR P 001 000977772 01 9/1/2022 9/1/2023 EACH OCCURRENCE $3,000,000 -X EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000,000
OED I X \ RETENTION $ n $
0 WORKERS COMPENSATION 72WN S81600 9/1/2022 9/1/2023 X \ ~ffTuTE I T OTH- Ded $500 000 ER

AND EMPLOYERS' LIABILITY Y/N

ANYPROPRIETOR/PARTNER/EXECUTIVE
~ N/A
E.L. EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) E.L. DISEASE· EA EMPLOYEE $ 1,000,000 If yes, describe under E.L. DISEASE· POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below A 4th -Excess Llabllily $4M xs $21 M 011170831 9/1/2022 9/1/2023 $4M XS of $21 M Limit E 3rd -Excess Llab $6M part of $12M SF22EXCZ09SV41C 9/1/2022 9/1/2023 $6M of$12M XS $9M Limit F 3rd -Excess Liab $6M part of $12M XC1 EX00790-221 9/1/2022 9/1/2023 $6M of$12M xs $9M Limit DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) 2nd - Excess Liability Policy: $SM xs $4M - Policy #CSSE CEL 0000985 01 - Carrier: Champlain Specialty Insurance Company Policy Term: 91112022 - 91112023
SEE REMARKS SECTION FOR DESCRIPTION OF OPERATIONS (D.0.0) LANGUAGE See Attached ...

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

The City of LA Verne
3660 "D" Street AUTHORIZED REPRESENTATIVE
La Verne CA 91750
~-
I
© 1988-2015 ACORD CORPORATION . All rights reserved.

ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD June 19, 2023 City Council Agenda Packet
402
AGENCY CUSTOMER 10: INTESEC-05 ----------- ----------
LO C #: --------_____....,
ACORD®
~

ADDITIONAL REMARKS SCHEDULE

AGENCY NAMED INSURED
Arthur J. Gallagher Risk Management Services, LLC Inter-Con Security Systems, Inc. 21 O S. De Lacey Avenue
POLICY NUMBER Pasadena CA 91105

CARR IER I NAIC CODE
EFFECTIVE DATE :

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Named Insureds:

Inter-Con Security Systems, Inc.

Sixty-Fo ur West Valley, LLC
Inter-Con Security Academy, Inc.

US Diplomat Protect LLC
Ghana Security Services LLC
Systemes De Securite Inter-Con Canada Inc.

Inter-Con Security Systems Canada Inc.

IC Benin LLC
I C Canada LLC
I C Colombia LLC
I C Costa Rica LLC
I C France LLC
I C Guatemala LLC
I C Liberia LLC
I C Mexico LLC
I C Sierra Leone LLC
IC Togo LLC-
1 C Tunisia LLC
I C South Africa LLC
I C Venezue la LLC
I CSS Holding Corp.

I C Rwanda LLC
Page of
The City of La Verne, its elected and appointed officials , employees and/or agents are included as additiona l insured with respects to General liability and Auto Liability per attached endorsemen ts.

The ACORD name and logo are registered marks of ACORD
June 19, 2023 City Council Agenda Packet
403
POLICY NUMBER: 72 CSE S81601 COMMERCIAL AUTO
CA 20 4810 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED INSURED FOR

COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.

This endorsement identifies person(s} or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Named Insured: INTER-CON SECURITY SYSTEMS I NC.

Endorsement Effective Date: 09/0 1 / 2022

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

ANY PERSON OR ORGANIZATION IN NEED OF ADDITIONAL I NSURED STATUS AS REQUIRED BY CONTRACT.

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

Each person or organization shown in the Schedule is
an "insured" for Covered Autos Liability Coverage, but
only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision
contained in Paragraph A.1. of Section II - Covered
Autos Liability Coverage in the Business Auto and
Motor Carrier Coverage Forms and Paragraph D.2. of
Section I - Covered Autos Coverages of the Auto
Dealers Coverage Form.

CA 20 4810 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 June 19, 2023 City Council Agenda Packet
404

ENDORSEMENT
This endorsement, effective 12:01 AM 09/01/2022
Forms a part of policy no.: 011170825
Issued to: INTER -CON SECURITY SYSTEMS, INC
By: LEXINGTON INSURANCE COMPANY

ADDITIONAL INSURED REQUIRED BY WRITTEN CONTRACT ENDORSEMENT This endorsement modifies insurance provided under the folloVving:

GUARDSECURE ® SECURITY RELATED GENERAL AND PROFESSIONAL LIABILITY POLICY A. Section II - Who Is An Insured is amended to include any person or organization you are required to include as an additional insured on this policy by a witten contract or witten agreement in effect during this policy period and executed prior to the "occu rrence" or "wongful act".

B. The insurance provided to the above described additional insured under this endorsement is limited as follovvs:

1. COVERAGE A BODILY INJURY, PROPERTY DAMAGE AND PROFESSIONAL LIABILITY (SECTION I - COVERAGES) only.

2. The person or organization is only an additional insured Vvith respect to liability arising out of "your \I\Ork" or your "professional services".

3. In the event that the Limits of Insurance provided by this policy exceed the Limits of Insurance required by the witten contract or \/\Kitten agreement, the insurance provided by this endorsement shall be limited to the Limits of Insurance required by the witten contract or witten agreement. This endorsement shall not increase the Limits of Insurance sho\M1 in the Declarations pertaining to the coverage provided herein.

4. This insurance does not apply to "bodily injury" , "pro perty damage" or "professio nal liability" arising out of:
a. "Your \I\Ork" or your "professional services" unless you are required to provide such coverage by \/\Kitten contract or witten agreement and then only for the period of time required by the witten contract or \/\Kitten agreement and in no event beyond the expiration date of the policy; or
b. The sole negligence of the additional insured for its 0\11111 acts or omissions or those of its employees or anyone else acting on its behalf .

5. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured Vlklether provided on a primary , excess, contingent or on any other basis , unless the \/\Kitten contract or \/\Kitten agreement with the additional insured specifically requires that this insurance be primary and non-co ntributory Vvith any other insurance issued to the additional insured. In such case, this insurance shall be primary and non-contributory Vvith any other insurance issued to the additional insured.

LX4237 ( 08/13) Page 1 of 2
June 19, 2023 City Council Agenda Packet
405
C. In accordance with the terms and conditions of the policy and as more fully explained in the policy, as soon as practicable , each additional insured must give us prompt notice of any "occurrence" or "wongful act" which may result in a claim, forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with all of the policy's terms and conditions . Failure to comply with this provision may, at our option, result in the claim or "suit" being denied.

All other terms and conditions of the policy remain the same.

Authorized Representative
LX4237 (08/131 Page 2 of 2
June 19, 2023 City Council Agenda Packet
406
Parking Enforcement Modification
Inter-Con Security Systems, Inc.

APRIL 7, 2023
·1 h1, prnpo<,11 •nt lu,ks d,11:1 th,,r ,ldl 11,,1 h, d1srl1.s,·d out ,tde C tr\" of l.:1 \', rn, .111d sh~ll not be duplicated. used. 01 rlisdo>< rl - tn \\hnli. t,r 111 p.1n l<,r :uw purp1,:--c nthc 1 th.Hi 111 t'\,1hL\ll' 1ln~ pn,pos:\I. If. h,>\\c,·cr .. 1 cnntr.Hl t"- ;l\\,lfclc:d 1n lnt<:T Cnn Sn:11nt, Sn.1cni-,.. Inc .1:-- .1 r, . .-,uh pf- nr 1n ,:11nncfll1'11 wirh- rht.:" ,ubrnh,11,n ol 1h1:-- d,1t:1, (it\· of I .1 Vtrnt; o,;h,111 h,I\C' rhc· ri~hr 10 dupllcarc,

11..;i..: 01 d1scl1,._l. 1h1 d.u., 1n tlH: ,.:xlllll prt,,·uk·d 111 thl rc .. ·sulung cuntr,icr TI1i, ll''-lrtcttun clnc:-- nnt l.111111 ( H) (Jf 1.:i Vt:rnc.:\. n~ht to u,l 1111ur111:u1nn n>11r:1.111ul 111 rh1. d.11;1 11 i t 1-. nb1;11ncd f1n1n .1nnd11:r ,nurn. withntH n:--t1H.:til'>ll. rhc. d:iu ,uh1c:n t<1 rhi~ n.:~tr1c·1i11n .1n:
l'I •nt:11m.:d 111 .111 ,111..'l'l""-nl 1h1, ·'""L·~~llll ·tn.

I 11/,; ( 111, ,,,,.,,, 1d1 • J 1//' ·i I wp/1111111 ut a11d l/ftrmr1l11, /, /NIii f'ij1/>ml11111/1r J /(I 111111,,11/i, ,, ff 11111/4 r, 1 rl..rt111. ,111tl d11,,bk,I 111tl111t!1Mlr, ,/I JI, II t1.r r,/h{ r /'1111.f1 dul_::/N1f.1
June 19, 2023 City Council Agenda Packet
407

INTER-CON RATE MODIFICATION
Inter-Con and the City of La Verne will reach our next anniversary of service upon July 1st, 2023. As we have done each year, we have compiled the foUowing evaluation of the labor market and proposed modification to wages. We hope that the early delivery of this notice will aid the City in its budgeting process for the next fiscal period.

Jjke last year, inflation continues to place significant pressure on the labor market. Over the last twelve months, inflation was 7.5% for the Los Angeles-Long Beach-Anaheim Consumer Price Index, reflecting the dramatic cost-of-living increases that employees are experiencing in their day-to-day lives. This combined with extraordinarily low unemployment of 4.6% (which has not been this low since before the pandemic) has created an extremely competitive market environment as companies continue to raise wages to attract employees.

To avoid degradation of their earnings power and to prevent the La Verne Parkin g Enforcement Program from becoming uncompetitive in the labor market, we propose that PERs receive a 9.44% wage increase as a cost of-living adjustment. This adjustment would take personnel from $18.75 per hour to $20.52 effective July 1 st
,
2023. Note that Salary.com reports that the current average wage in our industry is $19.66, however given the current rate of inflation, we expect this to rise to $20.52 by July 1st, 2023, based on historica l rates of inflation .

Barring a significant reduction in the rate of inflation, paying less than $20.52 by July 1st, 2023, would ultimately negatively impac t both the quanti ty and quality of the personnel who are willing to serve as parking enforcement personnel as other companies continue to raise their wages in lockstep with cost-of-Eving increases.

Our proposed modified pay and bill rates reflecting this change are shown in the tables below.

Position Classiti<.:atio11 Current
Con1pl'nsatio11 Varian<.:l' Compensation
0;;, l nt·rca st·
Proposed
C,1mpt ·11satio11
EIT. 07.01.2.l
Proposed OT
<:,11npe11satio11
EIT. 07.01.2.1
Parking Enforcement Rep. $18.75
Parking Enforcement Rep. Supervisor
-
$19.80
Position Classiti<.:ation
Parking Enforcement Rep.

Parking Enforcement Rep . Supervisor

TOTAL ANNUAL COST ESTIMATE
Current
Bill Rate
$30.83
$32.29
Vari,mee
$2.42

9.44%

9.19%
Bill Rate " "
ltKl'l ' .lS C

9.44%

9.20%
Our estimated new budget for the next year effective July 1", 2023, is shown below:
$20.52
$21.62
Proposed
Bill Ratt·
Eff. 07.01.23
$33.74
$35.26
$30.78
$32.43
Propo sed OT
Bill ll.tte
Eff 07.01.2 .~
$50.61
$52.89
Inter-Con Security I Parking Enforcement Modification - 1 June 19, 2023 City Council Agenda Packet
408
*PASS-THROUGH MEDICAL COST ESTIMATE
Due to the enactment of the Affordable Care Act ("ACA'") and the mandate that employers provide medical insurance to all employees working more than thirty hours per week, the City agrees to pay 100% of the direct pass-through costs for all employees working more than thirty hours per week who enroll in the medical plan.

The current plan offered to employees is ACA-complian t and provided by Aetna. Cost have remained unchanged this year. Please note that only one (1) employee is currently enrolled in the program . "'Thcrv is presc11l/y 011/J• I ojficr.r enrolled i11 the medical insurance p/011 ,.,. S11/!fecl to cha11ge every ]011110,y

POST EXHIBIT
For referenc e purposes, the post exhibit we used to generate the above budget is shown below:

Tues \\ cd Thur Fri S,tt Total
L.tbor Class ification Sc hedule * Sun l\1 0 11 HP\\'
Parking Enforcement Rep. 01 :00 - 09:30 - - 8 8 8 8 -
Parking Enfo rcement Rep. 01 :30 - 05:30 - - - - - - 4
Parking Enforcement Rep . 09:00 - 13:00 - - - - - 4 -
Parking Enforcement Rep. 09:00 - 17:30 - 8 8 8 8 - -
Parking E nforcem ent Rep. Supervisor 01:00 - 09:30 - 8 8 8 8 - - Parking Enforcement Rep . Supervisor 01 :30 - 05:30 4 - - - - - - T otal H ours p er Weck
*Schedule includes a 30-min u11paid meal break

PRICE ASSUMPTIONS
• Sick leave of twenty-four (24) hour s for part -time employees to match the requirements of CA sick leave law
• All employees receive a holiday benefit of eight (8) paid hours, included in the bill rate. Inter -Con recognizes six (6) holidays for City of La Verne Parking Enforcement employees: New Year's Day, Memorial Day, Independence Day, Labor D ay, Thanksgiving Day, Christmas Day • All holidays worked will be billed at the Holiday/Overtime rate • Forty (40) hours of paid time off (PTO ) are provided to every full-time employee • Uniform costs included in the rate
• Vehicles and all associated costs are included in the bill rate • Medical Insurance is a pass-through cost with the City paying 100% of the direct pass-through costs for all full-time employees who enroll in the medical plan
• Overtime or Temporar y Additional Services incurred outside the scope of the weekly hour s quoted above will be billed out an OT rate at 1.Sx the regular rate
Inter-Con Security I Parkin g Enforcement Modification - 2 32 4
4 32
32 4
108
June 19, 2023 City Council Agenda Packet
409

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, 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 JAR Automation hereinafter referred to as "Consultant."

WITNESS ETH
THE PARTIES hereto agree as follows:

ARTICLE I

NATURE OF SERVICES
Consultant shall provide SCADA consulting and maintenance services as requested by the City.

Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting Its obligations under this Agreement. Per the consultants rates/fees found in Exhibit A, which shall remain valid during the term of this agreement.

ARTICLE II

DIRECTOR OF PUBLIC WORKS SUPERVISION
The Director of Public Works shall have the right of general supervision of all the work performed by the Consultant and shall be the City's agent with respect to the review, critique and approval of the services of the Consultant. He shall arrange for the orderly administration of the scope of services by the Consultant, including provisions for work authorizations and coordination of performance. The Director of Public Works shall have the right to delegate supervision of certain projects and areas of this Agreement. The Director of Public Works shall establish written work authorization procedures.

ARTICLE Ill

OWNERSHIP OF DOCUMENTS
Ownership of original plans, drawings, specifications, exhibits and texts created in the fulfillment of this Agreement shall belong to the City. The Consultant may retain copies of all records. The City shall make available to the Consultant all records, reports, files and other documents necessary by the Consultant to properly perform the services required by the City.

ARTICLE IV

OPERATIVE DATE AND TERM
This Agreement shall be operative as of the date the Agreement is entered into by and between the City and JAR Automation and shall continue in effect until June 30, 2024 or such time as the Agreement is terminated by either party. The City may terminate this Agreement by giving a thirty (30) day written notice and the Consultant may terminate this Agreement upon giving a sixty (60) day notice.

I
June 19, 2023 City Council Agenda Packet
410
services under this Agreement until a replacement has been selected. In the event of such termination, Consultant shall be entitled to reimbursement for all expenses Incurred by it prior to expiration of such notice.

ARTICLEV

WARRANTS BY CONSULTANT
The Consultant shall be an independent contractor and not an employee of the City under this Agreement and every person providing services under this Agreement, other than the Consultant, shall be the employee or subcontractor of the Consultant. The Consultant warrants that it shall pay and withhold all payroll taxes and similar payments, as required by law, including state and federal Income tax, state disability insurance premiums, social security taxes and unemployment taxes, and shall maintain workers' compensation insurance as required by law.

ARTICLE VI

WARRANTS BY CITY
The City agrees that the Consultant shall not be liable for injury or damage to a person or property that should be occasioned or caused by an intentional act, a negligent act or an omission of the City or its members, officers, agents, employees, subcontractors, their agents, officers or employees, and that the City will hold the Consultant, its officers, agents and employees harmless from liability thereof, and will defend the same in respects to any claim or legal action that might ensue as a result of such injury or damage, including the payment of reasonable attorney's fees.

ARTICLE VII

INDEMNIFICATION
The Consultant agrees to indemnify the City and hold it harmless from any claim for compensation, or injury or illness due to the Consultant's negligence arising within the scope of the Consultant's participation or the Consultant's employees performing service under this Agreement.

I. INDEMNIFICATION
A. Indemnity for professional liability
When the law establishes a professional standard of care for CONSULTANT'S Services, to the fullest extent permitted by law, CONSULTANT shall indemnify, protect, defend and hold harmless AGENCY and any and all of its officials, employees and agents (Nlndemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel's fees and costs, caused in whole or in part by any negligent or wrongful act, error or omission of CONSULTANT, its officers, agents, employees or subconsultants (or any agency or individual that CONSULTANT shall bear the legal liability thereof) in the performance of professional services under this AGREEMENT.

B. Indemnity for other than professional liability
' I'
I,
Ii'
Ii
i:

I'
1:
i!
I!
I!
II
June 19, 2023 City Council Agenda Packet
411
II.

Other than in the performance of professional services and to the full extent permitted by law, CONSUL TANT shall indemnify, defend and hold harmless AGENCY, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this AGREEMENT by CONSULTANT or by any individual or AGENCY for which CONSULTANT is legally liable, including but not limited to officers, agents, employees or subcontractors of CONSULTANT.

C. Duty to defend
In the event the AGENCY, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this AGREEMENT, and upon demand by AGENCY, CONSULTANT shall have an immediate duty to defend the AGENCY at CONSULTANT's cost or at AGENCY's option, to reimburse AGENCY for its costs of defense, including reasonable attorney's fees and costs incurred in the defense of such matters. Payment by AGENCY is not a condition precedent to enforcement of this indemnity. In the event of any dispute between CONSULTANT and AGENCY, as to whether liability arises from the sole negligence of the AGENCY or its officers, employees, or agents, CONSULTANT will be obligated to pay for AGENCY's defense until such time as a final judgment has been entered adjudicating the AGENCY as solely negligent.

CONSULTANT will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney's fees, expert fees and costs of litigation.

INSURANCE
CONSULTANT shall maintain prior to the beginning of and for the duration of this AGREEMENT insurance coverage as specified in Exhibit B attached to and part of this AGREEMENT.

ARTICLE VIII

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

ARTICLE IX

ATTORNEY'S FEES
If any action at law of suit in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which it may be entitled.

ARTICLEX

NOTICES
Whenever it shall be necessary for either party to serve notice on the other respective party of this Agreement, such notice shall be served in writing to the following:

Shawn Igoe, Director of Public Works
City of La Verne
3660 "D" Street
La Verne, CA 91750
Richard Chon, Co-Founder
JAR Automation
15970 Los Serranos Country Club Dr.

PMB#125
Chino Hills, CA 91709

ARTICLE XI

CONFLICTS OF INTEREST
The Consultant hereby attests that it has no conflicts of interest regarding services contained in this Agreement. Conflict of interest is defined as if JAR Automation enters into a contract, has current a contract assigned, or receives compensation to provide a private client, developer or builder consulting services for projects inside or outside of the City of La Verne who is currently developing or building within the City or within the City's planning sphere of influence. The Consultant states that it will avoid future conflicts of interest and, in the case of an assigned JAR Automation contract, will immediately disclose the conflict of interest to the Director of Public Works. The Director of Public Works shall determine if a modification to JAR Automation City contract to mitigate the impact of the conflict of interest is necessary and implement the same.

This resolution of the issue shall be done in writing. The Consultant hereby attests that Consultant employees working on City of La Verne projects own no property within the City of La Verne, or the planning sphere of influence larger than one acre in gross size.

ARTICLE XII

AFFIRMATIVE ACTION
Through this Agreement the Consultant affirms its commitment of equal employment opportunities for all individuals and will make every effort to recruit, hire, train and promote qualified persons, particularly from groups which are victims of discrimination due to race, color, I
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creed, age, national origin, sex or handicap. Every effort will be made to insure the maintenance of a full and effective affirmative action program.

Compensation of the work force will be routinely monitored to detect any disproportionate level of employees from the above groups. Special efforts will be made to correct any deficiencies that are observed.

All supervisory staff will comply with equal employment opportunity guidelines to insure that inadvertent discrimination does not unfairly screen out the individuals from the above groups.

Supervisory staff will hold periodic meetings with employees under their direction to assist in developing themselves with employees with regard to employment and education. Supervisory staff will insure that the above Individuals are given equal opportunity, that all employees are not locked into positions because of their color, race, sex, national origin, age, religion or handicap.

ARTICLE XIII

ENTIRETY OF AGREEMENT
This Agreement represents the entire Agreement between the City and the Consultant and supersedes any agreements and all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the City and the Consultant.

ARTICLE XIV

RENEWALS
This Agreement is subject to renewal by mutual agreement of both parties. Any modification to this Agreement or changes in fee structures or compensation must be proposed in writing to the other party NO LATER THAN April 30 of the ensuing fiscal year. l
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ARTICLE XV

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

Date:. __________ _ CITY OF LA VERNE
A municipal corporation
Tim Hepburn, Mayor
Attest:

Lupe Gaeta Estrella, Assistant City Clerk
Date=~----- JAR Automation
~nder
June 19, 2023 City Council Agenda Packet
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EXHIBIT "A"

SCHEDULE OF HOURLY RATES
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ilulotnalkJn
15970 Los Serranos Country Club Dr. PMB #319
Chino Hills, CA 91709
(909) 758-1154

RATE SHEET
July 1st, 2023
Rates
Engineer
Travel
RetPdar OverTime
$165.00 $247.50
$100.00 N/A
Expires
7/1/2024
Regular hours are 9AM-5PM Monday through Friday, excluding Holidays. Any time outside of business hours or beyond eight hours in a single day wil l be billed at the over time rate.

Travel time will be billed if more than 2 hours, 8 hours / day maximum.

Travel will be invoiced at federal mileage rates (currently$ 0.585 / mile). Hotel and meal costs will be charged at per diem rates for the work location .

Airfare and Rental Vehicles will be billed at cost.

Material will be quoted as required.

June 19, 2023 City Council Agenda Packet
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EXHIBITB

INSURANCE REQUIREMENTS
Without limiting CONSULTANT's indemnification of AGENCY, and prior to commencement of Work, CONSULTANT shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of Insurance of the type and amounts described below and in a form satisfactory to AGENCY.

General liability insurance - CONSUL TANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, In an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.

Automobile liability insurance - CONSUL TANT shall maintain automobile Insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Professional liability (errors & omissions\ insurance - CONSULTANT shall maintain professional liability insurance that covers the Services to be performed in connection with this AGREEMENT, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this AGREEMENT and CONSUL TANT agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this AGREEMENT.

Workers' compensation insurance - CONSULTANT shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000).

Other provisions or requirements
Proof of insurance - CONSUL TANT shall provide certificates of insurance to AGENCY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by Agency's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with AGENCY at all times during the term of this contract. AGENCY reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage - CONSUL TANT shall procure and maintain for the duration of the contract insurance against claims for injuries lo persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONSUL TANT, his agents, representatives, employees or subconsullants.

Primary/noncontributing - Coverage provided by CONSULTANT shall be primary and any insurance or self-insurance procured or maintained by AGENCY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of I! I
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June 19, 2023 City Council Agenda Packet
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primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non contributory basis for the benefit of AGENCY before the AGENCY's own insurance or self insurance shall be called upon to protect it as a named insured.

Agency's rights of enforcement - In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, AGENCY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by AGENCY will be promptly reimbursed by CONSUL TANT or AGENCY will withhold amounts sufficient to pay premium from CONSUL TANT payments. In the alternative, AGENCY may cancel this AGREEMENT.

Acceptable insurers - All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the Agency's Risk Manager.

Waiver of subrogation - All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against AGENCY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONSULT ANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONSULTANT hereby waives its own right of recovery against AGENCY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions /non estoppell - CONSUL TANT acknowledges and agrees that any actual or alleged failure on the part of the AGENCY to inform CONSUL TANT of non compliance with any requirement imposes no additional obligations on the AGENCY nor does it waive any rights hereunder.

Requirements not llmltlng - Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the AGENCY requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the AGENCY.

Notice of cancellation - Consultant agrees to oblige its insurance agent or broker and insurers to provide to AGENCY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status - General liability policies shall provide or be endorsed to provide that AGENCY and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
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Prohibition of undisclosed coverage limitations - None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to AGENCY and approved of in writing.

Separation of insureds - A severability of interests provision must apply for all additional insureds ensuring that Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause - CONSULTANT agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who Is brought onto or Involved in the project by CONSULTANT, provide the same minimum insurance coverage and endorsements required of CONSULTANT. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONSUL TANT agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to AGENCY for review.

Agency's right to revise specifications - The AGENCY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONSULTANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONSULTANT, the AGENCY and CONSULTANT may renegotiate CONSULTANT's compensation.

Self-Insured retentions - Any self-insured retentions must be declared to and approved by AGENCY. AGENCY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by AGENCY.

Timely notice of claims - CONSULTANT shall give AGENCY prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT's performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.

Additional insurance - CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
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JOYAUT0-01

CERTIFICATE OF LIABILITY INSURANCE I

DATE (IIMIDDIYYYY)
2/8/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYANDCONFERSNORIGHTSUPONTHECERTIFICATEHOLDER.THIS

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

IMPORTANT: If Iha cerllflcate holder Is an ADDmONAL INSURED, Iha pollcy(les) must have ADDmONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject lo Iha terms and conditions of the policy, certa_l.npollcles may require an endorsement A statement on this certificate does not confer riahts to the certificate holder In lieu of su~""d=ors~em=.e;::nt,,1,s:,;_•· -,,-------------------1 PRoouceR ~"'------'H.:.•::.:at=h.:.•r:...S=no.:.v.:.•::.:r ______ ~-----------1 r:rn?~~:!.'l~!:'3';'.' Services l',llg'\l'o.--, n14l 576-5<="'26=:1:===-::-==---' J1_. ;Fl:f,,,c,_, ,,,No,,,'''"1'7'-'1'-'4"-"13.::3.::3-4.=9.::2.::9_--j Suite 119 ,._.," • Heathe -'0 .. rta=n.,,0 .. vc.=a:,:ln.::•--·=com=-------~------j Anaheim, CA 92808

INSURED
JoysutomaUon LLC
15970 Los Serranos County Club Dr.

PMB#319
Chino HIiis, CA 91709
cnVERAGES CERTIFl"ATE NUMBER: 22-23
INSURER18l AFFORDING COVERAGE NAICO
CNSURERA:Hiscox Insurance Comnanv Inc. 10200
INSURER a, Chubb NaUonal lnsuranca Comna-• 10052
INSURERC:

INSURERD:

INSURERE:

INSURERF:

REVISION NUMBER:

THIS IS TO CERTIFY lliAT 1HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO 1HE INSURED NAMED ABOVE FOR 1HE POLICY PERIOD INDICATED. NOTWITiiSTANDING ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACTOR01HERDOCUMENTW11HRESPECTTOWHICHTHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, 1HE INSURANCE AFFORDED BY 1HE POLICIES DESCRIBED HEREINISSUBJECTTOALl.1HETERMS, EXCLUSIONS AND CONDmONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

II~ TYPE OF INSURANCE
A X COUIIERCIALGENERAL LlABIUTY
: tJ CLAIMS-MADE 00 OCCUR
C-- ---------
~ -----------
~
GEN'I..AGGREGATE LIMIT APPLIES PER:

FOUCY □ lr8f □ LOC
OTHER:

A ~UTOMOBlLE L1ABl1JTY
~ SCHEDULED
1-- AUTOS
~ ~BfafM~
L__ UIIBRELLAUAB H OCCUR
EXCESS UAB CLAIM5-MADE
OED I I RETENTION$
8 WORKERS COMPENSATION

POUCY NUIIBER POLICY EFF POLICY EXP LIMITS
EACH OCCURRENCE ' " 1,000,000
X X P100.716.764.5 10/412022 10/412023 µD'EAMAiEMJGS]Eai\9clJe"aRENTED-:.,;;iiiiit,D)_jl_1_ •---_'.-";;";:;;j MEDEXPl.11.nvone-\ I 'I:
100,000
5,000

PERSONAL & MJV INJURY
1 ~ 1,000,000
GENERAL AGGREGATE ,. 2,000,000
PRODUCTS• COMP/OP AGG I • 2,000,000
HNOA •
COMBltlED SINGLE LIMIT I .,
P100.716.764.5 10/4/2022 10/4/2023 BODILYINJURYtPerDerson\ I e BODILY INJURY <Per accldent1 $
Each Occurance 1 • 1,000,000
EACH OCCURRENCE 1.

AGGREGATE 1.

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AND EMPLOYERS' LIABILITY y I H
ifn!,~f·~~CUTIVE [fil NIA
g~~~PERATIONSbelow
X (24) 7179-45-77 2/6/2023 2/6/2024 E.L EACH ACCIDENT
E.L DISEASE• EA EMPLOVE~ $
E.L DISEASE-POU CY LIMIT •
1,000,000 •1',1 :,··1','
1,000,000 ,
1,000,000
A Prof Uablllty P100.616.574.5 10/412022 10/412023 Agg 2mll Each Claim 1,000,000 DE8CRIPT10N Of OPERATIONS /LOCATIONS/VEHICLES (ACORD 101,Addltlonal Rammb Schedule, ~J!! ~ched If mora apace la requlr8d) _ HIRED AND NON-OWNED VEHICLE LIABILITY LIMITS ARE INCLUDED IN THE UABIUTY AND MEDICAL EXPENSE LIMITS.

City of La Verne Ifs officers, officials, employee agents. and volunteers are llsted as additional Insureds and are subject to Polley tenns and conditions.

CERTIFICATE HOLDER
'

CITY OF LA VERNE
3680 D STREET
La Verne, CA 91750
ACORD 25 (2016/03)
"ANCELLATION
SHOULD ANY OF THE ABOVE DESCmBED POLICIES BE CANCELLED BEFORE 1HE EXFIRATION DATE 1HEREOF, NOTICE WILL BE DEUVERED IN

ACCORDANCE WITH THE POU CY PROVISIONS,
© 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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Hiscox Insurance Company Inc.
f'\.tt
HISCOX
encourage courage ·
Endorsement 28
NAMED INSURED: joyAutomation, LLC OBA JAR Automation OBA JAR Automation Additional Insured Endorsement (Designated Person or Organization) Page 1 of 1 In consideration of the premium charged, and on the understanding this endorsement leaves all other terms, conditions, and exclusions unchanged, it is agreed the General Liability Coverage Part is amended as follows:

SCHEDULE
Name of Person(s) or Organlzation(s) :

City of LaVeme
I. The following is added to the end of Section Ill. Who is an insured:

DP-A. Designated person or Any person(s) or organization(s) shown in the Schedule above will be added to this organization Coverage Part as an additional insured, but only with respect to their liability for bodily injury , property damage , or personal and advertising Injury arising out of:

1. your acts or omissions;

2. the acts or omissions of those acting on your behalf in the performance of your ongoing operations; or

3. in connection with premises owned by or rented to you.

However, the coverage afforded to such additional insured(s):
a. applies only to the extent permitted by law; and
b. will not be broader than you are required by contract or agreement to provide for such additional insured(s).

If coverage provided to the additional insured(s) listed in the Schedule above is required by a contract or agreement, the most we will pay on behalf of any such additional insured is the amount of insurance:
i. required by such contract or agreement; or
ii. available under the applicable limits stated in the Declarations, whichever is less.

II. This Endorsement will not increase the applicable limits stated in the Declarations.

Endorsement Effective: October 4, 2022
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By: Kevin Kerridge
(Appointed Representative)
BOP-GL E5003 CW (11/19)
Policy No.: P100.617.764.5
Includes copyrighted material of Insurance
Services Office, Inc. with its permission
June 19, 2023 City Council Agenda Packet
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Hiscox Insurance Company Inc.
~·~ HISCOX
encourage courage ·
Endorsement 32
NAMED INSURED : joyAutomation , LLC OBA JAR Automation OBA JAR Automation Hired and Non-Owned Auto Liability Endorsement Page 1 of 4 in consideration of the premium charged , and on the understanding this endorsement leaves ail other terms, conditions , and exclusions unchanged, it is agreed the General Liability Coverage Part is amended as follows :

SCHEDULE
HNOA limit: $1,000,000 each occurrence (Shared)
HNOA deductible : $0 each occurrence
If no information is stated above , the relevant information to complete the Schedule will be shown in the Declarations.

I. The coverage provided under Section I. What is covered , A. Bodily injury and property damage applies to:

Hired auto liability
Non-owned auto
liability
bodlly Injury or property damage arising out of the maintenance or use of a hired auto by you or your employees in the course of your business . bodily Injury or property damage arising out of the use of any non-owned auto in your business by any person.

II. With respect to the coverage provided by this Endorsement only, In Section VI. Exclusions - What is not covered , A.

Bodily injury and property damage exclusions, the following exclusions are deleted in their entirety :

A. exclusion 1. Aircraft , autos, or watercraft ;
B. exclusion 2. Damage to impaired property or property not physically injured ; C. exclusion 3. Damage to property;
D. exclusion 4. Damage to your product ;
E. exclusion 5. Damage to your work; and
F. exclusion 9. Mobile equipment,
and replaced with the following :

Aircraft or watercraft
BOP-GL E5038 CW (11/19)
HN-1. bodily Injury or property damage arising out of the ownership , maintenance , use, or entrustment to others of any aircraft or watercraft owned or operated by or rented or loaned to you. Use includes operation and loading and unloadlng.

This exclusion will apply even if the claim against you alleges negligence or other wrongdoing in the supervision , hiring, employment , training , or monitoring of others by you. if the occurrence causing the bodlly Injury or property damage involved the ownership , maintenance , use, or entrustment to others of any aircraft or watercraft owned or operated by or rented or loaned to you.

However , this exclusion will not apply to:
a. watercraft while ashore on premises owned by or rented to you; b. watercraft you do not own, provided it is:
(1) less than 75 feet long; and
(2) not being used to transport persons or property for a charge ; or Includes copyrighted material of Insurance
Services Office, Inc. with its permission
June 19, 2023 City Council Agenda Packet
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Hiscox Insurance Company Inc.

Endorsement 32
NAMED INSURED : joyAutomation, LLC OBA JAR Automation OBA JAR Automation Hired and Non-Owned Auto Liability Endorsement
.,,ft
HISCOX
encourage courage ·

Page 2 ends

c. liability assumed in an insured contract for the ownership, maintenance, or use of an aircraft or watercraft by others.

Property damage HN-2. property damage to:
a. property owned or being transported by, or rented or loaned to you; or b. property in your care, custody, or control.

Ill. With respect to the coverage provided by this Endorsement only, Section Ill. Who is an insured is deleted in its entirety and replaced with the following :

A. The following are Insureds ;

1. you;

2. any other person using a hired auto with your permission;

3. with respect to a non-owned auto:
a. your partners or officers ; or
b. your employees ,
but only while such non-owned auto is being used In your business ; and

4. any other person or organization, but only for their liability because of acts or omissions of an Insured under paragraphs 1, 2, or 3 above.

B. The following are not Insureds :

1. any person engaged in the business of his or her employer with respect to:
a. bodily Injury to any co-employee injured in the course of employment; b. bodily Injury to the spouse, child, parent, brother , or sister of that co-employee as a consequence of any bodily Injury described in paragraph 1.a above; or
c. to any obligatlon to share damages with or repay someone else who must pay damages because of paragraphs 1.a or 1.b above ;

2. your partner or officer for any auto owned by such partner, officer, or a member of his or her household ;

3. any person while employed in or otherwise engaged in duties in connection with an auto business , other than an auto business you operate;

4. the owner or lessee (of whom you are a sublessee) of a hired auto, the owner of a non-owned auto, or any agent or employee of any such owner or lessee; or

5. any person or organization for the conduct of any current or past partnership or joint venture that is not shown as a named Insured in the Declarations .

BOP-GL E5038 CW (11/19)
Includes copyrighted material of Insurance
Services Office, Inc. with its permission
June 19, 2023 City Council Agenda Packet
424
Hiscox Insurance Company Inc.
~·ft HISCOX
encourage courage
Endorsement 32
NAMED INSURED : joyAutomation, LLC OBA JAR Automation OBA JAR Automation Hired and Non-Owned Auto Llablllty Endorsement Page 3 of 4 IV. With respect to the coverage provided by this Endorsement only, Section V. Other provisions affecting coverage , D.

Other insurance is deleted in its entirety and replaced with the following :

Other insurance This insurance is specifically excess of and will not contribute with any primary insurance covering the hired auto or non owned auto .

V. With respect to the coverage provided by this Endorsement only, the following additional definitions apply:

Auto business
Hired auto
Insured
Non-owned auto
means the business or occupation of selling, repairing , servicing , storing, or parking autos .
means any auto you lease , hire, rent, or borrow . This does not include any auto you lease , hire, rent, or borrow from any of your employees , partners , officers , or members of their households.
means the named insured and any other person or organization expressly described as an insured in this Endorsement.
means any auto you do not own, lease , hire, rent, or borrow which is used in connection with your business. This includes autos owned by your employees , partners, officers, or members of their households, but only while used in your business or your personal affairs.

VI. With respect to the coverage provided by this Endorsement only, the definition of "You, your, or insured" is deleted in its entirety and replaced by the following :

You or your means the named insured.

VII. With respect to the coverage provided by this Endorsement only, Section IV. Limits of liability is amended to include the following .

HN-A. Hired and non-owned auto
limit
BOP-GL E5038 CW (11/19)
The HNOA Limit stated above is the most we will pay for all damages because of bodily Injury and property damage covered by this Endorsement and arising out of any one occurrence .

You must pay the HNOA Deductible stated above in connection with any payment we make under this Endorsement, and any payments we make will be a part of, and not in addition to, the coverage part limlt.

The HNOA Deductible stated above applies to each clalm for damages sustained by any one person because of:

1. bodily Injury ;

2. property damage ; or

3. bodily injury and property damage combined ,
as the result of any one occurrence
Includes copyrighted material of Insurance
Services Office, Inc. with its permission
June 19, 2023 City Council Agenda Packet
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Hiscox Insurance Company Inc.
~·19 HISCOX
encourage courage
Endorsement 32
NAMED INSURED : joyAutomation , LLC OBA JAR Automation OBA JAR Automation Hired and Non-Owned Auto Liability Endorsement Page 4 of 4 Endorsement Effective : October 4, 2022
I
;/
By: Kevin Kerridge
(Appointed Representative)
BOP-GL E5038 CW (11/19)
If damages are claimed for care, loss of services , or death resulting at any time from bodily Injury, a separate HNOA Retention will apply to each person making a claim for such damages.

Policy No.: P100.617.764.5
Includes copyrighted material of Insurance
Services Office, Inc. with its pennission
June 19, 2023 City Council Agenda Packet
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AGREEMENT FOR LEGAL SERVICES

THIS AGREEMENT is made as of the ____ day of __________, 202__, by and between the CITY OF LA VERNE, a California municipal corporation, and JONES MAYER, a law firm engaged in the practice of law hereinafter referred to as Law Firm.

The City wishes to engage the services of Law Firm as general counsel on the terms set forth below.

1. Basic Services. Law Firm shall perform such legal services as may be required from time to time by the CITY and its officers. Kimberly Hall Barlow shall serve as City Attorney, and as such shall be responsible for the preparation and review of all CITY ordinances and resolutions, together with such agreements, deeds and other legal documents as requested by the CITY . The City Attorney, the Assistant City Attorney, or with the advance approval of the City Manager, an authorized Deputy City Attorney, shall attend all regular and adjourned regular meetings of the City Council. The City Attorney shall render legal advice and opinions on all matters affecting the CITY to the City Council, City Planning Commission, and other boards and commissions, and to the personnel of the CITY , as directed by the City Council and the City Manager. Scott Porter is designated as the Assistant City Attorney. Rosemary Koo, Lisa E. Kranitz and Cary Reisman are designated as Deputy City Attorneys. They will be assisted by other lawyers in Law Firm as deemed necessary by the City Attorney and City Manager.

2. Special Services. Law Firm shall represent the CITY in civil litigation and shall appear on behalf of the CITY before administrative and regulatory agencies as directed by the City Council or City Manager. Law Firm shall not represent the CITY in any civil litigation in which Law Firm has a conflict of interest.

3. Time of Performance. The services of Law Firm shall be performed expeditiously in light of the purposes of this agreement.

4. Compensation.

(a) The CITY shall pay Law Firm a monthly general services retainer of Nine Thousand Dollars ($9,000.00), in compensation for general services of a continuing nature such as the review of documents, preparation of routine correspondence, resolutions, ordinances and contracts, telephone calls and consultations with staff, attendance at staff meetings (when requested by City Manager), and attendance at regular City Council meetings.

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(b) Community Development Department Services. The CITY shall pay Law Firm for work attributable to the Community Development Department, including attendance at Planning Commission meetings and other Community Development Department work, at the hourly rates of Two Hundred Thirty Five Dollars ($235.00) per hour for attorney time. All non-deposit account charges to the Community Development Department shall be fully itemized.

(c) Special Services. For all other services, including but not limited to litigation, labor, and personnel law, the CITY shall pay Law Firm at the hourly rate of Two Hundred Fifty Five Dollars ($255.00) for attorney time and One Hundred Forty ($140.00) for paralegals.

(d) Deposit Projects, Bond Work and Special Fund Services. For work on deposit projects and projects chargeable to Proposition A or C Local Return Funds, the Water Fund, Sewer Fund or the Low and Moderate Income Housing Fund, the CITY shall pay Law Firm at the hourly rate of Three Hundred Fifteen Dollars ($315.00) for attorney time. For bond work, payable out of bond proceeds, the CITY shall pay Law Firm at the hourly rate of Three Hundred Seventy Dollars ($370.00) for attorney time.

(e) Reimbursement. In addition, the CITY shall reimburse Law Firm for such printing and copying expenses, court fees, computer research, messenger and express delivery, and similar costs relating to legal services that are generally chargeable to a client. Law Firm shall submit monthly to the CITY a statement of account for services beyond those covered by the retainer. The CITY shall review Law Firm's monthly statements and pay Law Firm for services rendered and costs incurred, as provided for in this agreement on a monthly basis.

5. Indemnification as an Agency Officer. Attorneys of Law Firm who are engaged in services under this agreement will be deemed officers of the CITY , and the CITY will indemnify and defend them against any third party claims prosecuted against them for actions taken in the course and scope of their official duties.

6. Termination of Agreement and Legal Services. This agreement and legal services to be rendered under it may be terminated at any time upon thirty days' written notice from either party, with or without cause. In the event of such termination, Law Firm shall be paid for all work completed before termination.

7. Renewal/Proposals for Changes in Fees. This agreement is subject to renewal by mutual agreement of both parties. Any modification to this Agreement or June 19, 2023 City Council Agenda Packet
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changes in fee structures or compensation must be proposed in writing by no later than April 15, 2024.

IN WITNESS WHEREOF, the CITY and Law Firm have executed this agreement as of the date first written above.

CITY OF LA VERNE

By:

Tim Hepburn, Mayor
ATTEST:

Assistant City Clerk

JONES MAYER

By:

Richard D. Jones
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ATTORNEY/CLIENT FEE AGREEMENT
This Attorney/Client Fee Agreement ("Agreement") is entered into by and between the law firm of Kidman Gagen Law, LLP ("KG Law") and the City of La Verile ("Client").

1. Scope of Work and Duties. Client hires KG Law to represent it as special counsel on water law matters on an as-needed basis. KG Law will perform requested legal services, will keep Client informed of progress, and will respond to Client's inquiries.

2. Client's Duties. Client agrees to provide KG Law such information, assistance and cooperation as is necessary for KG Law to effectively perform its services under this Agreement. Client shall timely pay KG Law's bills for fees, costs and expenses. Client shall keep KG Law advised of Client's address, telephone number and contact person(s) during the Pendency of this Agreement.

3. Legal Fees. Billing Practices and Personnel. KG Law's fees will be charge on an hourly basis for all time actually expended and are generally billed monthly with payment due within thirty (30) days after the date of the bill. It is presently anticipated that either Arthur G.

Kidman or Andrew B. Gagen, will be principally involved in performing the legal services under this Agreement; however, KG Law will exercise its discretion to utilize whichever attorneys and staff it deems to be best suited to the task, consistent with the competent and efficient rendering of legal services.

Client agrees to pay KG Law's hourly rates for the services performed for this Agreement during fiscal year 2023-2024 as follows:

Arthur G. Kidman
Andrew B. Gagen
Partners
Senior Associates
Associates
$425.00
$375.00
$325.00
$300.00
$275.00

4. Costs and Other Charges. KG Law will incur various costs and expenses in performing legal services under this Agreement. Client agrees to pay for those costs and expenses in addition to the hourly fees. Costs and expenses commonly include fees fixed by law or assessed by public agencies, long distance telephone calls, fax, messenger and other delivery fees, postage, parking and other local travel expenses, photocopying ( charged at 25 cents per page) and other reproduction costs, clerical staff overtime, computer assisted research fees, travel costs beyond the metropolitan Los Angeles area (including lodging, meals and incidentals) if deemed necessary and other similar items. In addition, deposition reporter fees and transcript fees and filing fees will be charged as incurred.

5. Retainer. No retainer is being required at this time.

6. Statements. KG Law shall send Client statements for fees and costs incurred on a periodic basis, generally monthly. These statements shall indicate the basis of the fees, including the hours worked, the billable rates charged, and a description of the work performed.

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Client shall notify KG Law in writing if Client disputes any entry for legal services or costs on any Statement. If Client fails to do so within thirty (30) days of the date of the Statement, all such entries shall be acknowledged as correct as between KG Law and Client.

Client shall have the right to request a current bill at any time covering KG Law's fees and costs to date and KG Law shall provide such a bill within ten (10) days of the request.

7. Disclaimer of Guarantee. KG Law has made no representations, promises or guarantees to Client regarding the outcome of Client's matter. KG Law's comments about the outcome of Client's matter at any time during the performance of services are merely expressions of opinion.

Furthermore, KG Law cannot make any guarantee as to the amount which Client will incur for attorneys' fees and costs in this matter, as those figures will wholly depend on the time and effort required to be devoted to the matter. Attorneys' fees, appearance fees and other costs and expenses, including filing fees, are not recoverable in eminent domain actions by a public agency.

8. Discharge and Withdrawal. Client may discharge KG Law at any time. KG Law may withdraw from Client's representation at any time, to the extent permitted by law and the Rules of Professional Conduct, upon reasonable notice to Client. In the event of such discharge or withdrawal, Client shall pay KG Law fees and costs in accordance with this Agreement for all work done ( and costs incurred) through the termination of KG Law's representation of Client.

9. Future Work for Other Clients. It is understood and agreed that KG Law's representation of Client in this matter is for the specific purpose set forth in this Agreement, and Client agrees that KG Law may represent parties in the future on matters that may be adverse to Client, but subject to Client's approval and so long as such future representation does not involve confidential information which KG Law gained from its representation of Client pursuant to this Agreement.

10. Serving as Witnesses. IfKG Law personnel are required to be witnesses or requested by Client to be witnesses in a future matter relating to KG Law's work or activities for Client on this matter, Client shall pay KG Law for the time and costs it expends in accordance with the provisions of this Agreement.

11. Preservation of Files. KG Law has no duty to preserve and/or store any files in this matter after its work on the matter is concluded. KG Law may store all or portions of the files for so long as it determines to be appropriate and may forward to Client or purge those portions of its files that it determines not to preserve.

12. Malpractice Insurance. KG Law carries malpractice insurance above limits specified in Business & Professions Code Sections 6147(a)(6) and 6148(a)(4).

13. No Waivers. A waiver by either party of a breach of any of the conditions, terms or time requirements under this Agreement shall not be construed as a waiver of any succeeding breach of the same or other conditions, terms, or time requirements. I ,I
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14. Integration. This Agreement constitutes the entire Agreement between KG Law and Client with respect to this matter.

15. Fees and Costs to Enforce Agreement. In the event attorneys' fees and related costs are incurred to enforce this Agreement or to resolve a dispute under this Agreement , the prevailing party shall be entitled to recover, in addition to damages allowed by law, reasonable attorneys ' fees and costs.

Dated: June 1, 2023 KIDMAN GAGEN LAW, LLP ("KG Law")
We have read and understood the foregoing terms and agree to them .

Dated: June _ , 2023 CITY OF LA VERNE ("Client")
By: ----------------
Mayor Tim Hepburn
By: _______________ _
Shawn Igoe, Director of Public Works
Attest: ___________ ____ _
Lupe Gaeta Estrella , Assistant City Clerk
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AGREEMENT FOR LA CLEAR-SENIOR TRAINING COORDINATOR
THIS AGREEMENT made and entered on this 1st day of April 2023, by and between the Los Angeles Regional Criminal Information Clearinghouse, hereinafter known as "LA CLEAR" an initiative approved by the governing authority of the Los Angeles High Intensity Drug Trafficking Area (LA HIDTA) hereinafter known as EXECUTIVE BOARD, and CORDRAY ENTERPRISES LLC hereinafter known as CONTRACTOR.

WHEREAS, the EXECUTIVE BOARD, acting under the direction of the Office of National Drug Control Policy, Executive Office of the President hereinafter known as ONDCP, has approved LA CLEAR as an initiative within the LA HIDTA and has authorized the LA HID TA Director or his/her designee. to administer the selection of CONTRACTOR to serve as LA CLEAR Senior Training Coordinator, WHEREAS CONTRACTOR will provide expertise in the area of training and management.

WHEREAS, CONTRACTOR, LA CLEAR, will follow established policies and procedures of the ONDCP, the LA HIDTA and the LA CLEAR:

NOW THEREFORE, it is agreed as follows:

1. ENGAGEMENT OF CONTRACTOR:

The LA CLEAR Executive Director hereby selects CONTRACTOR to provide service in managing and overseeing the LA HIDTA Training Center in full support of LA CLEAR and LA HIDTA, and CONTRACTOR hereby agrees and accepts to perform such services.

2. DUTIES:

CONTRACTOR shall collaborate with LA CLEAR personnel and LA HIDTA management personnel and support the successful implementation of the LA CLEARs overall financial strategy and policies. CONTRACTOR shall conduct themselves in a professional manner that reflects positively on the LA CLEAR Program. The principal responsibilities of CONTRACTOR shall be to:

CONTRACTOR will manage and oversee the LA HIDTA/LA CLEAR Training Center, which will generally consist of scheduling, preparing, monitoring and overseeing training classes both on and off site. Seeks out new instructors and classes which will enhance and further the training of the law enforcement community in relation the HIDTA guidelines set forth in the HIDTA Training Coordinator's manual. Assist and oversee classes/students in a classroom environment and/or live streamed at the LAHIDT A / LA CLEAR training center. Maintain training roosters and records for

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statistical reports and annual reports to include the use of the HIDT A's PMP system.

Map out training plans, Innovate and develop relevant training programs. Advertise available training opportunities to the Los Angeles HIDT A participants and LA CLEAR employees in furtherance of the training mission. Provide and research necessary information, assess and identify skills or knowledge gaps that need to be addressed along with maintaining all in-house training equipment and facilities. Work jointly with other HIDT A training coordinators when applicable.

3. CONFIDENTIALITY OF DATA:

All financial, statistical, personal, technical, and law enforcement sensitive data and information related to the work performed by CONTRACTOR, or which becomes available to CONTRACTOR in carrying out this Agreement, shall be protected for and on behalf of the LA CLEAR by CONTRACTOR from unauthorized use or unauthorized disclosure.

4. LIABILITY:

CONTRACTOR agrees and understands that he shall not be provided legal representation for any claims or causes of action arising from his performance hereunder. CONTRACTOR further agrees to have and to keep professional liability insurance during the term of the contract in an amount sufficient to cover any contingency resulting from this contract.

5. PROFESSIONAL LIABILITY:

In connection with the provision of CONTRACTOR'S duties, CONTRACTOR shall indemnify, defend, and hold ONDCP, LA HIDTA and LA CLEAR harmless for any and all claims, lawsuits, legal expenses, and any other costs related to the perfo1mance or non-performance of this Agreement.

6. NON-APPROPRIATION OF FUNDS:

It is specifically understood and agreed, that in the event no funds or insufficient funds are appropriated and/or budgeted concerning the obligations under this contract this Agreement shall thereafter terminate and be null and void on the last day of the fiscal period for which appropriations were made without penalty, liability, or expenses to LA CLEAR.

7. COMPENSATION:
a. CONTRACTOR shall be compensated for the period beginning April 1, 2023, as directed by the LA HIDTA Executive Board's budget approvals, for work

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performed under this agreement and shall continue to receive compensation until agreement is terminated.
b. Payment will be made in twelve (12) equal installments. of $9,583.33

8. TAXES:

CONTRACTOR shall be solely responsible for any and all federal, state, and local tax consequences that result from his receipt of any payments or reimbursements paid in accordance with this AGREEMENT.

9. INDEPENDENT CONTRACTOR:

In performing the services herein specified, CONTRACTOR is acting as an independent contractor, and CONTRACTOR shall not be considered an employee of LA HIDT A, LA CLEAR or its Fiduciary the City of La Verne. In no event, shall this be construed as establishing a partnership or joint venture or similar relationships between the parties hereto, and nothing contained herein shall be construed as creating the relationship of employer and employee between LA HIDT A, LA CLEAR and CONTRACTOR. CONTRACTOR shall not be eligible for any employee benefit plan offered by the fiduciary city of La Verne.

10. DURATION AND TERMINATION:

CONTRACTOR shall enter into service for the period beginning April 1, 2023.

CONTRACTOR and/or the LA CLEAR may terminate this Agreement without cause by giving thirty (30) days written notice to the other party. Once notice of termination is given by CONTRACTOR and/or LA CLEAR, the CONTRACTOR must immediately return all materials that belong to the initiative and may not return to the premises for any reason without authorization.

11. LAWS GOVERNING CONTRACT:

For purpose of determining the place of Agreement and the laws governing same, this Agreement is entered into in the County of Los Angeles, California, and shall be governed by the laws of California with venue in Los Angeles County.

12. ENTIRE AGREEMENT:

This Agreement constitutes and expresses the entire Agreement between the parties and shall not be amended or modified except by written instrument signed by both parties.

13. ASSIGNMENT OF SUBLETTING:

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This Agreement shall not be assigned or sublet in whole or in part.

14. COMPLIANCE WITHALLLAWS:

Both parties will act, at all times, in compliance with all pe1iinent City and County ordinances, orders, regulations and policies, as well as all applicable State and Federal Laws, including the HIDTA Program Policy and Budget Guidance ( dated September 9, 2021), the Los Angeles HIDTA EXECUTIVE BOARD Charter, as well as policies and procedures set forth by LA CLEAR.

15. NOTICES:

Any notice or writing required or permitted to be given under the terms of this Agreement shall be regarded as delivered when a copy of same has been delivered to the party entitled to receive it by Certified Mail, Return Receipt Requested, or by personal delivery at the address below or such address as a party may designate by written notice to the other party.

TO CONTRACTOR

LA CLEAR

LAHIDTA

DIRECTOR'S OFFICE

FIDUCIARY
5534 Katherine Street
Simi Valley, CA 93063
5700 S. Eastern Ave
Commerce, CA 90040
1340 W. 6th Street
Los Angeles, CA 9001 7
City Manager
City of La Verne
3660 "D" Street
La Verne CA 91750-3599
SIGNED and executed on this ,<1./+J,day of (Y/-,rc.h
Kenneth Cordray
Cordray Enterprises

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, 2023.

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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 Layne Christensen 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, wells, motors, controls and their related parts.

Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor herein under in meeting its 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 oJ 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 which are legally required for Contractor to perform the services requested under this I' 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.

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 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 ii 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: Layne Christensen
1717 Park Avenue
Redlands, CA 92337
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 l
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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 claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, Contractor's agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's pricing.

A. Minimum Scope of 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. 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. i
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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.
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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
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
J.

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.

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. _I'
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21. Prevailing Wages. Unless otherwise authorized in writing by the City, Contractor shall comply with Labor Code Sections 1774 and 1775. The current schedule of prevailing wage rates supplied by the State Department of 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. 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.

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.

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 Municipa l Corporat ion
Tim Hepburn , Mayor
Attest:

Lupe Gaeta Estrella , Assistant City Clerk
Layne Christensen Company
---- /fodd A. Howard
June 19, 2023 City Council Agenda Packet
444
Exhibit A
Contractor's Schedule of Fees
July 1, 2023 through June 30, 2024
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A GRAITTE' COMl'ANY
City of La Verne 7/1/2023 thru 6/30/2024
Prevailing Wage Rates
Description Crew Size Rate Unit Quantity
Rig and Service Truck 2Men $410.00 Hour 1
Rig and Service Truck 3Men $510.00 Hour I
Rig and Service Truck 4Men $628.00 Hour I
Combo Rig and Service Truck 2Men $410.00 Hour 1
Rotary Crane 12 Ton & Below 1 Man $230.00 Hour 1
Crane 12 Ton & Below 2Man $410 .. 00 Hour 1
Rotary Crane - 30 Ton 1 Man $337.00 Hour 1
Rotary Crane - 75 Ton 1 Man $416.00 Hour 1
Delivery Truck 1 Man $145.00 Hour 1
Service Truck 2Men $330.00 Hour 1
Tractor Trailer 1 Man $178.00 Hour 1
Wire Brush Rental $815.00 Each 1
Air Compressor Rental (450 CFM & Smaller) $150.00 Each 1 Air Compressor Rental (451 CFM & Larger) $150.00 Each 1 Water Treatment 1 Man $215.00 Hour 1
Electrician and Service Truck 1 Man $195.00 Hour 1
Service Truck with Boom 1 Man $200.00 Hour 1
Welding Truck I Man $195.00 Hour 1
General Shop Labor 1 Man $113.00 Hour 1
Machine Shop Labor 1 Man $113.00 Hour 1
Welding Shop Labor 1 Man $113.00 Hour 1
Additional Rig Helper 1 Man $126.00 Hour 1
Tube and Shaft Repair 2" - 2-1/2" $13.75 Foot 1
Tube and Shaft Repair 3" - 4" $15.25 Foot 1
Video Log $1,365.00 Well 1
Camera Operator 1 Man 112.00 Hour I
Photo Still Shots o Charge Each I
Duplicate Tape/DVD o Charge Each I
Test Pump, Operator & Fuel 300 HP & Below 1 Man $ 388.00 Hour I Test Pump, Operator & Fuel 301 HP- 500 HP 1 Man $400.00 Hour 1 Test Pump, Operator & Fuel 501 HP - 750 HP 1 Man ,00.00 Hour I

WATER RESOURCES
1717 West Park Avenue, Redlands, CA 92373 I Office: 909.390.2833 I Fax: 909.390.6097 I layne.com I
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Test Pump, Operator & Fuel 751 HP - I 000 HP $400.00 Hour I Portable Steam Cleaner 252.00 Day I i
Service Truck 1 Man $160.00 Hour I
Ii Aqua Freed Unit I Man $220.00 Hour I ,1,
Chemical Trailer 3 Men $611.00 Hour 1
I!' Chemical Trailer 2Men $494.00 Hour I II
Chemical Neutralization Trailer and Operator I Man $217.00 Hour I ![ Backhoe with Trailer and Truck I Man $265.00 Hour I I: I Water Truck I Man $265.00
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Hour I
Bore Blasting (0 - 500 Ft) Lump Sum
Bore Blasting (500 - 1000 Ft) Lump Sum I
Bore Blasting (1000 - 1500 Ft) Lump Sum I
Bore Blasting (1500 - 2000 Ft) Lump Sum I
OVERTIME: i
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Operating Engineer: 6
Saturday & Over 8 hours per day xl.5 Man hour I
Over 12 hrs. One Day/Over 12 hrs. Saturday x2 Man hour I I Sunday/ Holiday Man Hour I Ii
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Saturday & Over 8 hours per day xl.5 Man hour 1
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Over 12 hrs. One Day/Over 12 hrs. Saturday x2 Man hour I Ii I Sunday/ Holiday 250.00 Man Hour 1
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Operating Engineer: Group I 0 1: ,, '
Saturday & Over 8 hours per day xl.5 Man hour
Over 12 hrs. One Day/Over 12 hrs. Saturday x2 Man hour
Sunday/ Holiday Man Hour I
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Laborer: Group I Ii
Saturday & Over 8 hours per day xi .5 110.00 Man Hour I Over 12 hrs. One Day/Over 12 hrs. Saturday x2 155.00 Man Hour 1 il I Sunday/ Holiday $155.00 Man Hour 1

WATER RESOURCES
1717 West Park Avenue, Redlands, CA 92373 [ Office: 909.390.2833 J Fax: 909.390.6097 J Jayne.com June 19, 2023 City Council Agenda Packet
447
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ACORb"' I f ~~=~-------C_E_R_T_IF_I_C_A_T_E_O_F_L_IA_B_IL_I_T_Y_IN_S_U_RA_N_C_E ____ ~_ 0 t_J,_b~_r,_i/YYYY)_2, _ _, I'
1: 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 lieu of such endorsement(s).

PRODUCER LIC #0C36861 1-415-403-1491 ~2~ifCT Kimberly Leikam Alliant Insurance Services, Inc. "",_PH~,_o"N" .. •--..... -.-4- 1- 5-_-.~0~J~--1~4~.~l=~------i-r-:,-~-.- 0 -,,,-4-1_5 ___ 8_7_4 ___ 4_8_1_8 _ __,
560 Mission Street, 6th Floor ~~cf'J~ss: [email protected] INSURER1S1 AFFORDING COVERAGE NAIC #
San Francisco, CA 94105 INSURERA: TRANSPORTATION INS CO 20494

INSURED
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Layne Christensen Company '-"'"~'~"·~·~•~c~,~CO_NT_I_NE_NT_A_L_CA_s_c_o __________ _.,.2~0~•~·~'~---' 1:,' 585 West Beach Street INSURERD:

L==:::::.=="---=:....:.c..:..:..c ______________ .,.,..,..,.,..,..,,.,.....1.,elN"S"'U,,RE"'R"EC'-, --------------,--------'-------' Iii, !1 1 INSURERB: VALLEY FORGE INS CO 20508
Watsonville, CA 95076 INSURERF:
~C=O..:.V=E:.:R::.;A:.:G:.:E:::S:_ _______ C=E:..:RT.,_l::.F.:;IC,::Ac,.T:..:E::..:.:N:.:Uc:Me.:B:.:E::R.:::...:•...:•...:•...:•2 __ 2...:1_< ___________ ..:.R.::E:.:V:.:.IS=l:.:O:.:.N:....:.:N=U.::M:.:B:.:E::.R::.: _______ ~ /I f

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

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. l~f: TYPE OF INSURANCE

A X COMMERCIAL GENERAL LIABILITY
1 CLAIMS-MADE 0 OCCUR 1--1-~
- ------------
- ------------
GEN'L AGGREGATE LIMIT APPLIES PER:
7 POLICY~ ~f8f ~ LOC
7oTHER:

B AUTOMOBILE LIABILITY
C
-

X ANY AUTO
- OWNED - SCHEDULED
- AUTOS ONLY - AUTOS

X HIRED X NON-OWNED
- AUTOS ONLY - AUTOS ONLY
~ UMBRELLA LIAB ~ OCCUR
X EXCESS LIAB -1 CLAIMS-MADE
OED I X j RETENTION$ Nil

WORKERS COMPENSATION

A AND EMPLOYERS' LIABILITY YIN

AOOLSUBR POLICY NUMBER
X X GL2074978689
X X BUA2074978692
CUE2068209453
X WC274978644 (StopGap)
10/01/20 10/01/23 EACHOCCURRENCE t-ii.ii~"rn'i~r---ir=-::~~,..,.----1 PREMISES'tE~~~~~encel '
2,000,000
2,000,000
' MEO EXP (Any one person) $ Nil
PERSONAL & ADV INJURY s 2,000,000
GENERAL AGGREGATE s 10,000,000
PRODUCTS. COMP/OP AGG
'
2,000,000
' 10/01/20 10/01/23 ~~r.:,~~Nd~~llNGLE LIMIT
'
2,000,000
BODILY INJURY (Per person)
' BODILY INJURY (Per accident)
' fiROPERTY DAMAGE Per accldenll
' ' 10/01/22 10/01/23 EACH OCCURRENCE
'
0,000,000

AGGREGATE
'
8,000,000
s
10/01/22 10/01/23 x I ~f:TUTE l I OTH-ER
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A ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
B (Mandatory In NH)
~ N/A X WC214978644 (AOS) 10/01/22 10/01/23 E.L EACH ACCIDENT S 2,000,000 X WC274918630 (CA) 10/01/22 10/01/23 E.L DISEASE - EA EMPLOYEE $ 2,000,000 g~;~~:f:gi~ ~1gPERATJONS below E.L. DISEASE. POLICY LIMIT $2,000,000 11 "
e-..L __________ .L_....L_L__ _____ _,-,-----,.L..--,-..,.,,--'---,--,-,...,-------'-------Hl'i,, DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES {ACORD 101, Addltlonal Remarka Schedule, may be attached If more space Is required) Re: Annual Contract, Maintain or Repair Pumps, Wells, Motors, Controls & their Related Parts, as Requested by the City I certificate holder, its Officers, officials, Employees, Agents and Volunteers are included as an Additional I Insured on the General Liability and Automobile Liability policies as required by written contract and granted Waiver of Subrogation on the General Liability, Automobile Liability and Workers Compensation policies as required by written I contract subject to policy terms, conditions and exclusions. 30 Days written Notice of Cancellation for Non-Renewal and 10 Daye Notice of cancellation for Non-Payment of Premiums J GL Per ISO Form CG 0001 10/01; AL Per ISO Form CAOOOl 10/13 11 I
L.:c".:E'....R:::T::.:IF:...1.:::c::A::..TE..:::.::H::.:o::.L.::D:.E...:R:.::::.:....::.:!..:..:.:....::::...::.::...::.::::...::.:::::...:=::::::.::....::==--c.,.A"N:-:c"E=L:-:L-,A"T=10=N,,.------------------Jlili j

CITY OF LA VERNE
3660 "D" STREET

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Ji;
~.-UTH--0-R-IZ-ED_R_E_P_R_E_SE_NT_A_TI-VE--------------------lljll /JI.../~,, /J ,II
LA VERNE, ~A 91750 USA c:;:r-0~ ll
L ___ ...1.. ___________ __::=--------'-------::©:-1:-:9:::8-:c8--=2:::0-:-15~A-::C:::O:::R:::D:-C:::,O=R-::P:::Oc.:R:-:Ac.:T:::IO"'Nc:.--:-A7:ll-rl'"g7h"ts-,r:-:e-c,e-rv-ed"'."'{ ACORD 25 (2016/03)
ttaganap
68882274
The ACORD name and logo are registered marks of ACORD ' ii li
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June 19, 2023 City Council Agenda Packet
448

SUPPLEMENT TO CERTIFICATE OF INSURANCE
NAME OF INSURED: Layne Christensen Company
DATE
06/01/2023
The named insured reserves its rights to provide any additional coverages under the policies above to only those expressly negotiated for by contract,
SUPP (10/00)
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C'NA
G-140331-D
(Ed. 01/13)

BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -

WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE
II is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows:

SCHEDULE (OPTIONAL)
Name of Additional Insured Persons Or Organizations
(As required by "written contract" per Paragraph A. below.) Locations of Covered Operations
(As per the ''written contract," provided the location is within the "coverage territory" of this Coverage Part.) A. Section II - Who Is An Insured is amended to include as an additional insured:

1. Any person or organization whom you are required by "written contract" to add as an additional insured on this Coverage Part; and

2. The particular person or organization, if any, scheduled above.

B. The insurance provided to the additional insured is limited as follows:

1. The person or organization is an additional insured only with respect to liability for "bodily injury," "property damage," or "personal and advertising injury'' caused in whole or in part by:
a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the "written contract"; or b. "Your work" that is specified in the "written contract" but only for "bodily injury" or "property damage" included in the "products-completed operations hazard," and only if:
(1) The ''written contract" requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage.

2. If the "written contract" specifically requires you to provide additional insurance coverage via the 10/01 edition of CG2010 (aka CG 20 10 10 01), or via the 10/01 edition of CG2037 (aka CG 20 37 10 01), or via the 11/85 edition of CG2010 (aka CG 20 10 11 85), then in paragraph 8.1. above, the words 'caused in whole or in part by' are replaced by the words 'arising out of.

3. We will not provide the additional insured any broader coverage or any higher limit of insurance than:
a. The maximum permitted by law;
b. That required by the "written contract";
c. That described in 8.1. above; or
d. That afforded to you under this policy,
whichever is less.

4. Notwithstanding anything to the contrary in Condition 4. Other Insurance (Section IV), this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or G-140331-D (Ed. 01/13) POLICY#: GL2074978689

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Copyright, CNA All Rights Reserved.
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450
C'NA
G-140331-D
(Ed. 01/13)
any other basis. But if required by the "written contract" to be primary and non-contributory, this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured.

5. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of:
a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including:
(1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; or b. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part.

C. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:

1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured:

An additional insured under this endorsement will as soon as practicable:
(1) Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; (2) Except as provided in Paragraph 8.4. of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit"; and
(4) Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the "written contract" requires this insurance to be primary and non-contributory, this provision (4) does not apply to insurance on which the additional insured is a Named Insured.

We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit." D. Only for the purpose of the insurance provided by this endorsement, SECTION V - DEFINITIONS is amended to add the following definition:
"Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement:

1. Is currently in effect or becomes effective during the term of this policy; and

2. Was executed prior to:
a. The "bodily injury" or "property damage"; or
b. The offense that caused the "personal and advertising injury," for which the additional insured seeks coverage under this Coverage Part.

All other terms and conditions of the Policy remain unchanged.

Material used with permission of ISO Properties, Inc.

G-140331-D (Ed. 01/13)

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POLICY#: GL2074978689
EFFECTIVE: 10/01/2020
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June 19, 2023 City Council Agenda Packet
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C'NA
POLICY NUMBER: GL2074978689
EFFECTIVE: 10/01/2020
G-15115-A
(Ed. 10/89)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CHANGES- NOTICE OF CANCELLATION

OR MATERIAL COVERAGE CHANGE
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART
In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part (other than the reduction of aggregate limits through payment of claims), we agree to mail prior written notice of can cellation or material change to:

SCHEDULE

1. Name: Any person or organization you are required by written contract or agreement to mail prior written notice of cancellation or material change.

2. Address: Per Certificates of Insurance on file with the broker.

3. Number of days advance notice:

For non-payment of premium, the greater of:
• the number of days required by state statute or
• the number of days required by written contract
For any other reason, the lesser of:
• 60 days or
• the number of days required in a written contract
G-15115-A
(Ed. 10/89)

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452
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Waiver of Transfer of Rights of Recovery Against Others to Us This endorsement modifies insurance provided under the following:

Commercial General Liability Coverage Form
Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, The Transfer Of Rights Of Recovery Against Others To Us Condition is amended by the addition of the following:

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:

1. Your ongoing operations; or

2. 'Your work" included in the "products completed operations hazard." However, this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement:

1. Is in effect or becomes effective during the term of this policy; and

2. Was executed prior to loss.

This endorsement is part of your policy and takes effect on the effective date of your policy, unless another effective date is shown below.

Must Be Completed
ENDT. NO.
26 POLICY NO.

GL 207 4978689
Complete Only When This Endorsement Is Not Prepared
with the Policv Or Is Not to be Effective with the Policv ISSUED TO: EFFECTIVE DATE OF THIS
ENDORSEMENT:

Layne Christensen Company 10/01/20
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C'NA
CNA71527XX
(Ed. 10/12)

ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY
It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows:

SCHEDULE
Name of Additional Insured Persons Or Organizations
Any person or organization whom the named insured is required by written contract to add as an additional insured on this policy.

1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II-LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy.

2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy.

All other terms and conditions of the Policy'remain unchanged.

CNA71527XX (10/12)

Page 1 of 1 ends

Insured Name: Layne Christensen Company
Copyright CNA All Rights Reserved.

Policy No: BUA2074978692
Endorsement No:

Effective Date: 10/01/2020
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June 19, 2023 City Council Agenda Packet
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POLICY NUMBER: BUA2074978692 COMMERCIAL AUTO
CA04441013
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:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Named Insured: Layne Christensen Company
Endorsement Effective Date: 10/01/2020

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

Any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us.

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

The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule,
but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with
that person or organization.

CA04441013 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 I l
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455
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Notice of Cancellation or Material Change -
Designated Person or Organization
This endorsement modifies insurance provided under the following:

Business Auto Coverage Form
In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to:

SCHEDULE

1. Name:: Any person or organization you are required by written contract or agreement to mall prior written notice or cancellation or material change.

2. Address:- Per Certificates of Insurance on file with the broker.

3. Number of days advance notice:,
For non-payment of premium, the greater of:;
• the number of days required by state statute or
• the number of days required by written contract
For any other reason, the lesser of:
• 60 days or
• the number of days required In a written contract
This endorsement Is part of your policy and takes effect on the effective date of your policy, unless another effective date is shown below.

Must Be Completed
ENDT. NO. POLICY NO.
19 BUA 207 4978692
C'NA
ENM19B818
Complete Only When This Endorsement Is Not Prepared
With the Pollcv Or Is Not to be Effective wlth the Policv ISSUED TO: EFFECTIVE

DATE OF THIS
Layne Christensen Company ENDORSEMENT 10/01/2020
Countersigned by
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C'NA

WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY

NOTICE OF CANCELLATION OR MATERIAL CHANGE ENDORSEMENT
G-20472-A
(Ed. 10/93)
In the event of cancellation or other material change of the policy, we will mall advance notice to lhe person or organization named in the Schedule. The number of days advance notice is shown in the Schedule.

This endorsement shall not operate directly or Indirectly to benefit anyone not named in the Schedule.

Schedule

1. Number of days advance notice:

For non-payment of premium, the greater of:
• the number of days required by stale statute or
• the number of days required by written contract
For any olher reason, lhe lesser of:
• 60 days or
• the number of days required in a written contract

2. Notice will be mailed to:

Any person or organization you are required by written contract or agreement to mail prior written notice of cancellation or material change.

Address: Per Certificates of Insurance on file with the broker This endorsement changes lhe policy to which It Is altached and Is efl'ectlve on the date Issued unless otherYAse stated. (The information below Is required only when lhls endorsement Is Issued subsequent to preparation or the policy,) Endorsement EffecUve 10•1-22 Policy No. \'VC274978630 Valley Forge Insurance Company WC 990606
G-20472-A
(Ed. 10/93)
\VC274978644 Transportation Insurance Company

Page 1 of 1 ends

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Workers Compensation And Employers Liability Insurance
Policy Endorsement
This endorsement changes the policy to which it is attached.

It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following:

We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations
The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%.

All other terms and conditions of the policy remain unchanged.

This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy '!_nl~s another exp~i:tion date is shown be_!gyv: ________ ., _______________________ , __ _ Form No: G-19160-B 111-1997)
Endorsement Effective Date: Endorsement Expiration Date:

Endorsement No: 6; Page: 1 of 1
Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 1t1 Copyright CNA AU Rights Reserved.

Policy No: WC 2 74978630
Policy Effective Date: 10/01/2022
Policy Page: 53 of 83
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Workers Compensation And Employers Liability Insurance
Policy Endorsement
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.

This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

Any person or organization for which the employer has agreed by written contract, executed prior to Joss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual.

Schedule
Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement.

The premium charge for the endorsement is reflected in the Schedule of Operations.

All other terms and conditions of the policy remain unchanged. , This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below.

Form No: WC 00 03 13 (04-19841
Endorsement Effective Date: Endorsement Expiration Date:

Endorsement No: 32; Page: 1 of 1
Underwriting Company: Transportation Insurance Company, 151 N Franklln St, Chicago, IL 60606 Copyright 1983 National Council on Compensation Insurance.

Policy No: WC 2 74978644
Policy Effective Date: 10/01/2022
Polley Page: 296 of 442
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1 10085311.2 LC001-009

AGREEMENT FOR SPECIAL SERVICES

This Agreement is entered into between the law firm of LIEBERT CASSIDY WHITMORE, A Professional Corporation (“Attorney”), and the CITY OF LA VERNE, A Municipal Corporation (“City”).

1. Conditions
This Agreement will not take effect, and Attorney will have no obligation to provide services, until City returns a properly signed and executed copy of this Agreement.

2. Attorney’s Services
Attorney agrees to provide City with consulting, representational and legal services pertaining to employment relations matters, including representation in negotiations and in administrative and court proceedings, as requested by City or otherwise required by law.

3. Fees, Costs, Expenses
City agrees to pay Attorney the sums billed monthly for time spent by Attorney in providing the services, including reasonable travel time.

The current range of hourly rates for Attorney time is from Two Hundred Fifty to Four Hundred Twenty-Five Dollars ($250.00 - $425.00). See Schedule I for a full Fee Schedule. Attorney reviews its hourly rates on an annual basis and, if appropriate, adjusts them effective July 1. Attorney will provide the City with written notification of any adjustment in the range of rates. Attorney bills its time in minimum units of one- tenth of an hour.

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2 10085311.2 LC001-009
For Litigation Matters
See Schedule II attached for a description of Attorney’s Litigation and E- Discovery Management.

Other Expenses
City agrees to reimburse Attorney for necessary costs and expenses incurred by Attorney on behalf of City. Attorney bills photocopying charges at Fifteen Cents ($0.15) per page. See Schedule I attached.

Payment by City against monthly billings is due upon receipt of statements, and is considered delinquent if payment is not received within thirty (30) days of the date of the invoice.

4. Professional Liability Insurance
The California Business & Professions Code requires us to inform you whether we maintain errors and omissions insurance coverage applicable to the services to be rendered to you. We hereby confirm that the firm does maintain such insurance coverage.

5. Arbitration of Professional Liability or Other Claims Disputes. If a dispute between City and Attorney arises over fees charged for services, the controversy will be submitted to binding arbitration in accordance with the rules of the California State Bar Fee Arbitration Program, set forth in California Business and Professions Code, sections 6200 through 6206. The arbitrator or arbitration panel shall have the authority to award to the prevailing party attorneys’ fees, costs and interest incurred. Any arbitration award may be served by mail upon either side and personal service shall not be required.

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3 10085311.2 LC001-009
If a dispute arises between City and Attorney over any other aspect of the attorney-client relationship, including, without limitation, a claim for breach of professional duty, that dispute will also be resolved by arbitration. It is understood that any dispute as to any alleged breach of professional duty (that is, as to whether any legal services rendered under this agreement were allegedly unnecessary, unauthorized, omitted entirely, or were improperly, negligently or incompetently rendered) will be determined by submission to arbitration as provided by California law, and not by a lawsuit or resort to court process except as California law provides for judicial review of arbitration proceedings. Both parties to this agreement, by entering into it, are giving up their constitutional right to have any such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration. Each party is to bear its own attorney’s fees and costs.

6. File Retention
After our services conclude, Attorney will, upon City’s request, deliver the file for the matter to City, along with any funds or property of City’s in our possession. If City requests the file for the matter, Attorney will retain a copy of the file at the City’s expense. If City does not request the file for this matter, we will retain it for a period of seven (7) years after this matter is closed. If City does not request delivery of the file for this matter before the end of the seven (7) year period, we will have no further obligation to retain the file and may, at our discretion, destroy it without further notice to City. At any point during the seven (7) year period, City may request delivery of the file.

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4 10085311.2 LC001-009

7. Assignment
This Agreement is not assignable without the written consent of City.

8. Independent Contractor
It is understood and agreed that Attorney, while engaged in performing the terms of this Agreement, is an independent contractor and not an employee of City.

9. Authority
The signators to this Agreement represent that they hold the positions set forth below their signatures, and that they are authorized to execute this Agreement on behalf of their respective parties and to bind their respective parties hereto.

10. Term
This Agreement is effective July 1, 2023 through June 30, 2024 and may be modified by mutual agreement of the parties. This agreement shall be terminable by either party upon thirty (30) days written notice.

LIEBERT CASSIDY WHITMORE, CITY OF LA VERNE
A Professional Corporation A Municipal Corporation

By: ________________________ By: _______________________

Name: ______________________ Name: _____________________

Title: _______________________ Title: ______________________

Date: _______________________ Date: ______________________

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5 10085311.2 LC001-009
SCHEDULE I – FEES & COSTS

1. Hourly Rates (As of Agreement Effective Date)

Partners $425.00

Senior Counsel $355.00

Associates $250.00 - $335.00

Labor Relations/HR Consultant $270.00

Paralegals $145.00

E- Discovery Specialists $145.00

Law Clerks $145.00 - $185.00

2. COSTS

1. Photocopies $0.15 per copy

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6 10085311.2 LC001-009

SCHEDULE II

LCW LITIGATION and E-DISCOVERY MANAGEMENT

LCW is committed to using state-of-the-art technology to efficiently manage and harness electronically-stored information (“ESI”) in compliance with Federal and State law requirements. LCW partners with an outside managed services provider to provide Relativity, the industry leading e-discovery software, for this purpose. The cost for each matter will depend on the volume and format of the data. For non-complex data up to 50 gigabytes, LCW charges a monthly fee of $450 on all active litigation matters for data management, including data validation and security, ingestion, de-duplication, culling and streamlining, and creation of Relativity fields for expedited review. For data of 50 gigabytes and over and for complex data requiring specialized services (e.g., payroll data, spreadsheets with underlying formulas, video, advanced searches, etc.), additional charges are incurred and are passed through to the client. For such charges, we will provide an itemized bill from our managed services provider and obtain client approval prior to incurring the charges.

Litigation Case Staffing

LCW has organized its litigation practice to meet the challenges of today’s complex litigation cases. We employ a dedicated Litigation Manager – a non-billing attorney litigator – whose responsibility is to monitor all litigation cases to ensure quality, efficiency, and adherence to client and firm litigation guidelines. Each litigation case is staffed with a Partner, an Associate (or Associates, as required and as approved by the Client), a Paralegal and an E-Discovery Specialist. Our E-Discovery Specialists have extensive experience in the efficient management of electronic data through every stage of the e-discovery life cycle, and they strategize with attorneys and clients on effective ESI protocols. This makes the document review process more efficient and enables our attorneys to target the most relevant data to meet litigation objectives. Working with our e-discovery managed services provider, we are able to provide state-of-the-art data processing and hosting services at below-market rates.

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AGREEMENT TO PROVIDE MAINTENANCE SERVICES
THIS AGREEMENT is made and entered into this _j§1_ day of July , 2023, by and between the City of La Verne, a municipal corporation, hereinafter referred to as "City," and Morrow-Meadows Corporation hereinafter referred to as "Contractor."

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

IT IS AGREED AS FOLLOWS:

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

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

2. Operative Date. The services of the Contractor shall be available upon the execution of this Agreement from July 1, 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 (1 O) 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 limes during the term of this Agreement any licenses, permits, and approvals II ,,
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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 payments for individual items if disputed. The City and Contractor shall make their best efforts to resolve disputed items.

11. Project Managers. The designated Project Manager is Clay Jarvinen, Operations Manager, who shall represent the City on all matters hereunder. He shall have the right of general supervision of all the work performed by the Contractor and shall be the City's agent with 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
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To Contractor:

La Verne, CA 91750
Morrow Meadows
231 Benton Court
City of Industry, CA 91789
or personally delivered to Contractor to such address or such other address as Contractor designates in writing to City.

14. Nondiscrimination. Contractor warrants that ii 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 I
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regulations pertaining to the eligibility for employment of person performing services under this agreement.

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

B.
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.

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.

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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.

F. All Coverage
G.

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.

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

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.

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 ii they are likely to involve City.

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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 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.

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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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
Morrow-Meadows C
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Exhibit A
Contractor's Schedule of Fees
July 1, 2023 through June 30, 2024
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I! ELECTRICAL/DATACOM CONTRACTORS AND ENGINEERS I'
MORROW

MEADOWS

CORPORATION
620 Reyes Drive \1
Walnut, CA 91789 ii
Telephone: (909) 594-4161 Ii '
Fax: (909) 468-0593 i '
License No. 230813-ClO Ii '
City of La Verne
Hourly Rates - Effective July 2023 - June 2024
The following table illustrates the current hourly rate charged by Morrow-Meadows per person on a time and material type project and for change order work. Rates do not include mark up for overhead and fee.

Discipline Normal Overtime Double-Time
Engineering $147.30 N/A N/A
PLC Programming $188.38 N/A N/A
HM! Programming $188.38 N/A N/A
Start-Up / Testing Engineer $153.95 $194.66 $235.37
Control Panel Fabrication $95.52 N/A N/A
Field Service With Truck ** $153.95 $194.66 $235.37
Field Service No Truck $144.59 $185.30 $226.01
Project Management $160.99 N/A N/A
CAD Design $146.81 N/A N/A
Normal working hours are defined as those hours worked Monday through Friday that do not total more than 8 hours per day. Ii
Overtime working hours are defined as those hours worked Monday through Friday that are in excess of J 8 hours and up to a maximum of 16 hours per day. Overtime working hours are also defined as those hours worked on a Saturday that do not total more than 8 hours.

Double-Time working hours are defined as those hours worked Monday through Friday that are in excess of 16 hours per day. Double-Time working hours are also defined as those hours worked on Saturdays that are in excess of 8 hours per day. Double-Time working hours are also defined as those hours worked on a Sunday.

MEMBER OF THE NATIONAL ELECTRICAL CONTRACTORS ASSOCIATION II' :
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Travel days are billed at a maximum of four ( 4) hours of Normal time at the rate for the respective discipline on any day that travel occurs.

There is a four ( 4) hour minimum charge for service work. Service calls are billed on a portal to portal basis.

Travel related expenses are passed through at cost.
** Rates include test equipment, tools, service truck and fuel costs.

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( ____,
ACORD® CERTIFICATE OF LIABILITY INSURANCE I

DATE (MM/DD/YYYY)
~ 6/16/2022
I
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 policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

PRoDucER Alera-Adamson McGoldrick Insurance A_gency LLC CONTACT Briaid LaDez NAME:

Adamson & McGoldrlck Insurance Solutions PHONE 714-257-9644 Ii~ Nol: 714-257-9833 1150 E. Orangethor8e Ave., Suite 100 Ila.IC u - ~ .... ,.

E-MAIL blooez(a).adamsonmcaoldrick.com Placentia, CA 9287 ADDRE<:S• INSURER/SI AFFORDING COVERAGE NAIC#
www.adamsonmcgoldrick.com INSURER A: Travelers Prooertv Casualtv Co of America 25674 INSURED INSURER e: St. Paul Surolus Lines Insurance Company 30481 Morrow-Meadows Corporation INSURER c: Fidelitv and Deoosit Comoanv of Mar~land 39306 231 Benton Court City of Industry CA 91789 INSURERD:

INSURER E:

INSURERF:

COVERAGES CERTIFICATE NUMBER· 68777934 REVISION NUMBER·

INSR TYPE OF INSURANCE ~.?!'n'-1~~1 I: POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DDIYYYYl IMM/DDIYYYYl A ✓ COMMERCIAL GENERAL LIABILITY ✓ ✓ ; VTCT2J-C0-93228094-TIL -22 7/1/2022 7/1/2023 EACH OCCURRENCE s 1,000 000 _LJ CLAIMS-MADE lLJ OCCUR OC&P & XCU INCLUDE ~REMIBtl 'i'ii;~~encel S300 000 .L Blanket Contractual Liabilit::t MED EXP (Any one person) s 10 000 ..£_ BFPD·Cross Lia PERSONAL & ADV INJURY $1 000 000
8 .L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY [2J r:8-r □ LOC PRODUCTS· COMP/OP AGG S2 000 000 ✓ OTHER: 550.000 Deductible s
A AUTOMOBILE LIABILITY VT J-CAP-93228125-TI L-22
~
7/1/2022 7/1/2023 Pe~~~b~d~~llNGLE LIMIT "'s 1 000,000
J_ ANY AUTO BODILY INJURY (Per person) $
_,, ,§ "'""'""" BODILY INJURY (Per accident) s L-- AUTOS ONLY AUTOS J_ HIRED NON-OWNED rp~~:~:~RAMAGE s AUTOS ONLY / AUTOS ONLY ✓ Deductible = 5 0 s
A UMBRELLA LIAB !, ✓ t·occuR , CUP-4R629382-22-25 - 7/1/2022 7/1/2023 .L EACH OCCURRENCE S25 000 000 EXCESS LIAB ~ CLAIMS-MADE
I
AGGREGATE S25 000,000
OED I ✓ I RETENTIONs10,000 s
A I WORKERS COMPENSAT ION ✓ , UB-1N229746-22-25-K 7/1/2022 7/1/2023 ✓ I ~ffTuTE I I OTH-ER AND EMPLOYERS' LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE 0
N/A E.L. EACH ACCIDENT t S 1 000,000 OFFICER/MEMBER EXCLUDED? N E.L. DISEASE - EA EMPLOYEel S 1 nnn nnn (Mandatory in NH) ii;~~~ff~~ ~n,~PERATIONS below E.L. DISEASE - POLICY LIMIT S 1 000 000 B Professional Liability-Retro 2/21/06 ZCE-16P30712 7/1/2022 7/1/2023 $5,000,000 Each 0cc / $10,000,000 Agg B Pollution Uab. incl. Mold & Fungus ZCE-16P30712 7/1/2022 7/1/2023 $5,000,000 Each 0cc / $10,000,000 Agg C Crime CCP4282419 2/1/2022 2/1/2023 $1,500,000, ($25,000 Deductible) A Installation Floater/ Pronertv QT6302G406387TIL22 7/1/2022 7/1/2023 $5 000 000 /all risk) DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached Ir mere space Is required) Annual Agreement with the City of La Verne
The City of La Verne, its officers, officials, employees, agents and volunteers are named additional insured, lhis insurance is primary and non-contributory, waiver of subrogation applies, as required by written contract per endorsement attached. •10 days notice of cancellation for non-payment of premium.

CERTIF ICATE HOLDER
Annual Agreement with the City of La Verne
City of La Verne
3660 D Street
La Verne CA 91750
I
ACORD 25 (2016/03)

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZEDREPRESENTATIVE ~ ~~
Brian McGoldrick
© 1988-2015 ACORD CORPORATION. All rights reserv ed.

The ACORD name and logo are registered marks of ACORD
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VTCT2J-CO-9322B094-TIL-22
6/ 16/2022
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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 follONing:

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 contra ct 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 fdlowing 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
engineerin g 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
specifical ly 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 "occurrence" 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 of2 68777934 I MORRO-1 I 22-23 GL AU we UMB $SM PROP•POLL •Master Template• I Brigid Lopez I 6/16/2022 12:30:34 PM (POT) I Page 2 of 7 June 19, 2023 City Council Agenda Packet
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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 "suit" 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 dalm 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 addltlonal
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 Llablllty Conditions.

Page2of2 © 2018 The Travelers Indemnity Company. All rights reserved. CGD2460419 68777934 J MORRO•l I 22•23 GI, 1,0 WC 0MB $SM PROF"'PO:t,L •Master Templato• f Bdgid Lopez / 6/16/2022 12130134 PM (PDT) I Page 3 of 7 iii
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Morrow-Meadows Corporation
VTCT2J-CO-9322B094-TIL-22 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

XTEND ENDORSEMENT FOR CONTRACTORS
This endorsement modlfles Insurance provided under the lblla.vlng:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
GENERAL DESCRIPTION OF COVERAGE- This endorsement broadens coverage. However, coverage fa- any Injury, damage a- medical expenses described In any of the provisions d this endorsement may be excluded or lfmited by another endorsement lo this Coverage Part, and these coverage broadening provisions do not apply lo the extent that coverage Is excluded or limited by such an endorsement. The fdlowlng fisting Is a general coverage description only. Read all the provisions d this endorsement and the rest of your policy carefully to detennlne rights, duties, and what Is and Is not covered.

A. Who Is An Insured - Unnamed Subsidiaries
B. Blanket Additional Insured - Governmental
Entities - Permits or Authorizations Relating To
Operations

PROVISIONS
A. WHO IS AN INSURED - UNNAMED

SUBSIDIARIES
The lbllowing Is added to SECTION II - WHO IS
AN INSURED:

Any of your subsidiaries, other than a partnership,
Joint venture a- llmlted liability company, that is
not shown as a Named Insured In the
Declarations Is a Named Insured If:
a. You are the sde owner of, er maintain an
ownership Interest of more than 50% In, such
subsidiary on the first day d the poffcy period;
and
b. Such subsidiary Is not an Insured under
similar other Insurance.

No such subsidiary Is an Insured fer "bodily Injury'
or "property damage• that occurred, er "persooal
and advertising Injury" caused by an offense
committed:
a. Befa"e you maintained an ownership Interest
of mere than 50% In such subsidiary; or
b, After the date, If any, during the policy period
that yru no longer maintain an ownership
Interest of more than 50% In such subsidiary.

For purposes of Paragraph 1. of Section II -Who
Is An Insured, each such subsidiary wlll be
deemed lo be designated In the Declarations as:

C. Incidental Medical Malµactice
D. Blanke!WalverOfSubrogalion
E. Conlraclual Llablllty-RaRroads
F. Damage To Premises Rented To You
a. An organization olher than a partnership, Joint
venture or limited llabllity company; or
b. A trust;
as Indicated In Its name or the. documents that
govern lls structure.

B. BLANKET ADDffiONAL INSURED

GOVERNMENTAL ENTITIES - PERMITS OR

AUTHORIZATIONSRELATINGTOOPERATIONS
The following Is added to SECTION 11-WHO IS
AN INSURED:

Any governmental entlly that has Issued a permit
or authorization with respect to operations
perfonned by you or on your behalf and that you
are required by any crdlnance, law, bulldlng code
or written contract or agreement to Include as an
additional Insured on this Cowrage Part Is an
Insured, but only with respect lo liability for "bodffy Injury", "property damage" or •persooal and
advertising Injury" arising out d such operations.

The Insurance provided to such governmental
entity does not apply to:
a. Any "bodily Injury', "property damage" or
"personal and advertising Injury" arising out of
operations perlbnned fa the governmental
entity; or
b. Any "bodily Injury' or "property damagd'
Included In the "products-completad
operations hazard".

CGD3160219 @2.017 Toa Trawlers lnclarmlly Company. All rights raseMd, Includestop)'l'lshled naterlal oflnsurance Services Office, Inc., - Its pennlsslcn,

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COMMERCIAL GENERAL LIABILITY

C, INCIDENTAL MEDICAL MALPRACTICE

1. The fdlowlng replaces Paragraph b. of the
definition of "occurrence" In the
DEFINITIONS Secllon:
b. An a::t er omission committed In providing
or falling to provide 'Incidental medical
seivices", first aid a- "Good Samaritan
services'' to a person, unless you are In
the business or occupation of providing
professional heallh care services.
2, The fdlowlng replaces the last paragraph of
Paragraph 2.a.(1) of SECTION II - WHO IS
AN INSURED:

Unless you are In the business or occupation
of providing professional health care services,
Paragraphs (1)(a), (b), (c) and (d) above do
not apply to 'bodily Injury" arising out of
providing er falllng to provide:
(a) "Incidental medical services" by any of
your 'employees" who Is a nurse, nurse
assistant, emergency medical technician
or paramedic; or
(b) Ffrst aid or 'Good Samaritan services" by
any of your 'employees' er "volunteer
workers", other than an employed er
\/Olunteer dcx:lor. Any such •empoyees"
or "volunteer workers" providing or falling
to provide first aid or "Good Samaritan
services" during their work hours for you
will be deemed to be acting within the
SCq)8 of thefr employment by you cr
performlrg duties related to the conduct
of your business.

3. The fdlowlng replaces the last sentence of
Paragraph 5. of SECTION Ill - LIMITS OF
INSURANCE:

For the purposes of determining the
applicable Each Occurrence Umlt, all related
acls or omissions committed In providing er
falling to provide "Incidental medical
services", firsi aid or 'Good Samariian
services• to any one person will be deemed to
be one "occurrence a.

4. The fdlowlng exclusion Is added to
Paragraph 2., Exclusions, of SECTION I -

COVERAGES-COVERAGE A- BODILY

INJURY AND PROPERTY DAMAGE
LIABILITY:

Sale Of Phannaceuticals
"Bodily Injury" or "property damage• arising
out of the violation of a penal statute er
ordinance relating to the sale of
(
pharmaceuticals ccrnmllled by, er with the
knowledge or consent of, the Insured.
5, The following Is added lo the DEFINITIONS
Section:
"Incidental medical services" msans: -. ·
a. Medical, surgical, dental, JaboralOJy, x-ray
or nursing service or lreabnent, advice er
Instruction, er the related fumiEhlng of
food or beverages; or
b. The furnishing cr dispensing d drugs er
medical, dental, er surgical supplies or
appliances.

6. The follONing Is added to Paragraph 4.b.,
Excess Insurance, of SECTION IV -

COMMERCIAL GENERAL LIABILITY
CONDmONS:

This Insurance Is excess over any valid and
collectlble other Insurance, whelher primary,
excess, contingent er on any olher basis, that
Is avallable to any a your "employees" for
'bodily Injury" that arises out of providing or
falffng to provide "Incidental medical services"
to any person to the extent not subject to
Paragraph 2.a.(1) of Secllon II - Who Is An
Insured.

D. BLANKET WAIVER OF SUBROGATION
The following Is added to Paragraph 8., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDmONS:

If the Insured has agreed In a contract er
agreement to waive that lnsured's right of
recovery against any person er crganlzation, we
waive our right of recovery against such person or
organization, but only fer payments we make
because of:
a. "Bodily lrgury• er "property damage" that
occurs; or
b. 'Personal and advertising Injury" caused by
an offense that Is committed;
subsequent to the execuUon of the conlract or
agreemenL

E, CONTRACTUAL LIABILITY-RAILROADS

1. The following replaces Paragraph c. of the
deffnllion of "Insured contract' In the
DEFINITIONS Section:
c. Any easement or license agreement;
Page2of3 © 2017 The Tra\18lers lndem,Jly Company. All righls reserved. CG D3 16 02 19 Includes ccpyrighlsd malerial of Insurance Senitces Office, Inc.. Wilh Its permission. 68777934. / MORR0-1 I 22-23 GL AU HC tlMB $SM PROF+POI.Io •Milster Template* I Bdgid Lopez I 6/16/2022 1:l130i34. PM !PDT) I Page S of 7 j1:
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2. Paragraph f.(1) or the definition or "Insured
contract'' In the DEFINITIONS Section ls
deleted.

F. DAMAGE TO PREMISES RENTED TO YOU
The foUowlng replaces the definition or "premlses
damage" in the DEFINITIONS Section:
"Premises damager means "property damage" to:

COMMERCIAL GENERAL LIABILITY
a. Any premlses while rented to you or
temporarily occupied by you with permission
orthe owner, or
b. The cootents or any premises whHe such
premlses ls rented to you, If you rent such
premlses for a period of seven or fewer
consecutive days.

CGD3160219 @2017 Tho Travelers lnde,mlly Company. AD rights roserwd. Page3of3 Includes copyrighted material of Insurance Services Office,, Inc., wUh fts pennlssion. 68777934 (" M0RR0-1 J 22-23 (IL AU WC tlMB $SM PROF+POLL •Master Te1t1plate• I Brigid Lopez I 6/16/2022 12130134. PM {PDT) I Page 6 of 7 I
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..... TRAVELERSJ

ONE TOWER SQUARE
HARTFORD, CT 06183

WORKERS COMPENSATION
AND

EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76 ( A)- 001
POLICY NUMBER: UB-IN229746-22-25-K

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS

ENDORSEMENT - CALIFORNIA
(BLANKET WAIVER}
We have the right lo 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.

The additional premium for this endorsement shall be 02 •. ooo % of the California workers' compensation pre mium.

Person or Organization

ANY PERSON OR ORGANIZATION FOR

WHICH THE INSURED HAS AGREED

BY WRITTEN CONTRACT EXECUTED

PRIOR TO LOSS TO FURNISH THIS
WAIVER.

Schedule
Job Description
This endorsement changes the policy to which It is attached and is effective on the date Issued unless otheiwlse stated.
(The Information below Is required only when this endorsement Is Issued subsequent to preparation of the policy.)
Endorsement Effective 7/1/2022 Polley No. UB-IN229746-22-25-K Insured Morrow-Meadows Co,:poration
Insurance Company

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483

CITY OF LA VERNE

AGREEMENT WITH Nobel Systems

FOR GeoViewer Online, Mobile, and other modules Hosting Services

THIS AGREEMENT is made and effective as of July 1 , 2 023, between the City of La Verne, a municipal corporation ("City") and Nobel Systems ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM. This Agreement shall commence on July 1, 20 23 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2024, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE. Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant represents to the City that it has the qualifications necessary to perfo rm the tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. PAYMENT.

a. The City agrees to pay Consultant annually , in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed Sixty -Six Thousand Five Hundred dollars ($66,500) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.

Any terms or conditions set forth on Exhibit A or Exhibit B which do not describe the work to be performed, the payment rates and terms, or the payment schedule have not been agreed to by the City and shall not be deemed a part of this Agreement.

b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by the City and Consultant at the time City's written authorization is given to Consultant for the performance of said services.

c. Consultant shall submit invoices annually for actual services performed. Invoices shall be submitted in June, for services provided for the following year. Payment shall be made within thirty (30) days of receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice.

June 19, 2023 City Council Agenda Packet
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5. DEFAULT OF CONSULTANT.

a. The Consultant's failure to comply with the provisions of this Agreement shall constitute default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default.

b. If the City Manager or his or her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law. The City shall be entitled to a prorated refund of monies paid, based on the number of months used in the year.

6. OWNERSHIP OF DOCUMENTS.

a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant.

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7. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, officials, employees, and volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the negligence of the City.

8. INDEPENDENT CONTRACTOR.

a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, emp loyees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.

b. No employee benefits shall be av ailable to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

9. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

10. RELEASE OF INFORMATION.

a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.

b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any person regarding this Agreement and the work June 19, 2023 City Council Agenda Packet
486
performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

11. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice:

To City: Meg McWade
Director of Public Works

City of La Verne

3660 D Street

La Verne, Ca 91750

909-596-8741

To Consultant: Michael Samuel
President
Nobel Systems
1030 Nevada St, Ste 202
Redlands, CA 92374

12. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only the consultant shall perform the services described in this Agreement.

Consultant may use assistants, under their direct supervision, to perform some of the services under this Agreement.

13. LICENSES. At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

14. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement.

15. LITIGATION. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of La Verne. In the event such litigation is filed by one party against the other to en force its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

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16. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be o f no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

17. AUTHORITY TO EXECUTE T HIS AGREEMENT. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CONSULTANT CITY OF LA VERNE

6/7/2023
By: Michael Samuel
Title: President
Date By: Meg McWade Date
Title: Director of Public Works

June 19, 2023 City Council Agenda Packet
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EXHIBIT A

GEOVIEWER ONLINE TOOLS AND FEATURES FOR LA VERNE
A top objective of the City is to provide Geographical Information System (GIS) data to the casual user. Making GIS data available to casual users is very important. In many organizations the "non -GIS people" and/or novice computer users are the people who find the data to be most useful in carrying out their duties. Providing easy access to this information only improves the usefulness of the data and can save time and money for many types of organizations.

The GeoViewer approach to this objective is quite simple. We offer an easy-to-use, intuitive interface to Geographic Information Systems that provides the casual user with the ability to access the information they need with little or no formal training.

The main objectives of the system include,
• Ability for non-GIS staff to use the system effectively with less than four hours of training. • Provide access to interactive water atlas maps from staff desktops through web browser. • Locate and view an area of interest anywhere within the service area. • Provide secured access to only authorized users.
• Map updates are seamlessly delivered to system users without any lag time. • Provide an extensible system that can be enhanced to provide broader functionality and adapt to future software and functionality enhancements.
• Enable direct integration with geographic data repositories, asset management information, linked image libraries, and other information associated with water system infrastructures.

The GeoViewer was designed with the following assumptions in mind:
• Casual GIS users want fast, easy access to relevant information. • Casual GIS users do not have the time or desire to learn about topology, Shapefiles, ARC/INFO, theories of GIS, etc.
• Casual GIS users do not want to have to add themes, assign colors, change theme properties, etc.

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June 19, 2023 City Council Agenda Packet
489
• Casual GIS users do not want to be bothered with the task of doing map composition. They would much rather print their maps with a standardized template.
• Casual GIS users do not typically need to make large maps themselves and are perfectly happy printing an 8 1/2 by 11 map on a laser or ink jet printer. For the more advanced users, GeoViewer Online Supports multiple paper sizes that is only restriction is the clients printing device. • Casual GIS users’ needs are simple -- They need GeoViewer • The GeoViewer is a robust and easy to use Enterprise Geographic Information Interface. The GeoViewer is extremely flexible and can be tailored to any dataset.

We at Nobel Systems strongly believe that the functionality provided by GeoViewer will satisfy the needs of the City. The list of features provided by GeoViewer includes but not limited to:

Standard GeoViewer Features:
• Standard map navigation including pan, zoom in and zoom out, full extent • Layer Display
• Creation of Spatial Bookmark
• Google Street View
• Vicinity map that can be used to set the extent of main map, pan the main map, and display the current extent of the main map.
• Property Search. Search by parcel number, situs address, or owner name. • Supports ESRI Shapefiles, Coverages, Geodatabases, and CAD Drawings • Also supports a wide variety of images including MrSid. • Intuitive Select Toolbar. Select multiple features in multiple themes and:
• Find features within a specified distance and generate mailing labels. • Measure area and length
• Display contents of the selected set in a table format. • Print map with a title, scale, and neat line.
• Link any number of layers to unlimited number of external databases • Hyperlink scanned documents to features for easy retrieval. • GPS location

June 19, 2023 City Council Agenda Packet
490

Select by user-defined radial buffer surrounding selected parcel(s), box and Polygon:

Search Mechanism:

No. of features found : 89
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650 BIG CREEK LN. WALNUT, CA- 91789
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June 19, 2023 City Council Agenda Packet
491

Property Search: Search by Parcel number, Situs Address, Owner name, Street intersection, Business name etc.

Printing Maps:

• Print maps using predefined templates containing title, scale, neat line, north arrow and disclaimer. • Print map with standard printing options such as different orientations (portrait or landscape), various paper sizes.
• Add/Include Basemap types such as Google Street View, Aerials etc.

Viewing Documents and Information behind maps:

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June 19, 2023 City Council Agenda Packet
492

Print Mailing Labels: Print Mailing labels (compatible to office product offerings from 3M, Avery and other label manufacturers)

• Printing Maps:

o Print maps using predefined templates containing title, scale, neat line, north arrow and disclaimer.
o Print map with standard printing options such as different orientations (portrait or landscape), various paper sizes such as 8.5 x 11, 8.5 x 13, 11 x 17, 22 x 34, 9 x 12 and 12 x 18. o Add/Include basemap types such as Google Aerials, Google Streets and City Aerials.

• Tracing:
o Ability to perform Valve Isolation Tracing to find out the valve that needs to be closed for repair work and generate mailing labels to notify affected customers. o Ability to perform Sewer Upstream and Downstream tracing.

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June 19, 2023 City Council Agenda Packet
493

GEOVIEWER MOBILE TOOLS AND FEATURES FOR LA VERNE

By leveraging the latest smart-map and synchronization technology, Nobel’s GeoViewer Mobile’ is easy to use and was designed to streamline field workflow processes to help manage day-to-day operations. GeoViewer Mobile’s advanced technology allows field staff to view, analyze and collect data, online or offline without ever having to worry about impractical syncing procedures. GeoViewer Mobile extends smart map technology beyond the office and provides staff with real-time data to make accurate decisions and collaborate in both office and field environments. Nobel, understands the value of mobile mapping to organizations needing immediate access to real-time information, regardless of location, and offers a range of tools that help your staff make informed decisions in the field. GeoViewer is accessible on any device, providing unparalleled service to staff on the go or working in the field. GeoViewer Mobile integrates with existing ERP business systems, SCADA, CMMS, CIS, GPS, LIMS, CCTV, and other e nterprise systems. Manage information ranging from open work orders from CMMS to viewing latest SCADA measurements on telemetry equipment.

GeoViewer for iPad is easy to use and was designed with the field worker and manager in mind. GeoViewer for iPad brings the incredible and distinct Apple user experience to life, giving municipalities and utility districts easy access to critical business data anywhere anytime. After popular demand, Nobel has merged the iPad and GeoViewer products to create a clean, clear, easy to use graphical map interface online, anywhere, anytime. An app that can change the way we work in the field by increasing the flow if critical operations information between the office and the field. GeoViewer for iPad is designed to provide practical functionality to non -GIS users. The solution enables users to take advantage of the power of GIS maps in daily work life in and out of the office.

PORTABLE ARCHITECTURE:

GeoViewer for iPad is easy to deploy on your iPad devices. It runs in both connected and disconnected modes, enabling data collection anytime, even where there is no wireless signal available. GeoViewer for iPad’s store & forward technology provides automatic upload of data without the user initiating complex import and export procedures.

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June 19, 2023 City Council Agenda Packet
494
POWERFUL FUNCTIONALITY:
• Online/Offline Work Modes
• Search, Display, Redlining, Bookmarks, Pan, Zoom
• Identify & View Object Locations & Asset Data
• View Customer Data, Work History, Service Calls, As-Built De-sign Drawings, and more • Process Driven Modules for Daily Field Work Order, Inspections and Condition Assessment data collection
• Integrated GPS & Camera for Field Data Collection & Stream-lined GIS Updates • Custom GeoViewer Modules available for USA Dig Alert, Work/Service Order Management, Valve Isolation Analysis, Leak Data Collection and Hydrant Flushing data collection • City can view the data that were collected in the field through iPad and generate the reports by using GeoViewer online application.

VALVE EXCERCISE MODULE
Nobel Systems’ new Valve Exerciser Machine
Module adaptor allows you to send information
from your valve machine directly into our Mobile
GIS solution using Bluetooth technology . This
adaptor taps into the Valve Exercise Machine and
extracts the Turns, Torque and Direction when the
machine is exercising the valve. The information is
automatically populated into the valve GIS data in
the iPad and synchronized with GeoViewer Online.

It doesn’t require any special software to be
installed, and it communicates directly with the
machine itself through the latest Bluetooth Low
Energy technology.

LEAK MODULE
The problem of Leak Reporting is dealing with the
issue of writing down the information on paper or
typing it on bulky hardware (Laptops/Netbooks),
and
then having to use separate hardware to add
additional information such as photos or v ideos.

Also, the field crew will then need to correctly
document the location and other information
related to the site. After all is done, they will then
need to compose a report and match all the
information together. GeoViewer Mobile Leak
Report module can assist the City in tracking leaks
throughout the City . Leak locations are added
through the GeoViewer Mobile on the iPad
application. Information regarding the leaks can
then be recorded. The City can then identify hotspot areas where leaks are most likely to occur.

June 19, 2023 City Council Agenda Packet
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USA DIGMARKMODULE

Nobel’s DigMark Module automatically receives DigAlert tickets from the USA DigAlert provider, extracts information from the ticket and synchronizes the information, so it can be queried and viewed by the field user within the mobile device. The DigAlert module has a bui lt-in synchronization mechanism, allowing a single user to checkout a ticket, at the same time notifying colleagues and supervisors the ticket is being worked on. The user can then enter comments or choose from a customizable drop-down menu. Field users can take photos and attach the photo directly to the ticket. Once the user has filled out the form, they can change the status of the ticket to complete. This will notify all other users the ticket has been completed and remove it from the list. The Synchron ization framework encompasses the latest technology, ensuring the most update DigAlert tickets are received from the Server and synchronizes completed and/or in-progress tickets, without user intervention.

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June 19, 2023 City Council Agenda Packet
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SEWER LINE CLEANING
Nobel Systems understand the need to keep and maintain current and accurate records of sewer maintenance. The tracking and reporting of maintenance of sewer utility is becoming more important. The ability of making the reporting and maintenance more efficient is becoming a top priority of any sewer utility.

Currently Jurupa keep their line cleaning maintenance reports on big size hard copy maps. Nobel Systems will help Jurupa on developing an app in iPad for Sewer Line cleaning and maintenance.

The Sewer Line cleaning module will function as below:

1. The module is assumed to be working of a database that has the ID's (linked to GIS), the cleaning frequency and last cleaned date.

2. Everyday a message will be pushed to the iPad with the number of line segments that need to be cleaned.

3. The module lists the line segments that need to clean, and map shows the line segments color coded

1. Red – Line segments that are due for cleaning beyond an acceptable tolerance, for e.g., 15 days

2. Yellow – Line segments that are due for cleaning

3. Green – Line segments that are NOT due for cleaning

4. Selecting an item in the list will display the form that helps the operator collect the information and add any attachments such as pictures.

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June 19, 2023 City Council Agenda Packet
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MANHOLE INSPECTION

Nobel understands the need to create Sewer Manhole Inspection for every Manhole within the City’s service area to maintain current and accurate records of sewer maintenance. The tracking and reporting of maintenance of sewer utility is becoming more important. The ability of making the reporting and maintenance more efficient is becoming a top priority of any sewer utility.

The Sewer Manhole Inspection report in GeoViewer Mobile functions as below:

• Field crews use GeoViewer Mobile to collect data for all the Sewer Manholes not already in the GIS databases uploaded into the GeoViewer Platform
• User can input the information related to defects and flows • Ability to attach the pictures/images to each of the inspection reports

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June 19, 2023 City Council Agenda Packet
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COSTS

1. GeoViewer Online Annual hosting Cost ......................................................... $18,000.00

2. GeoViewer Mobile Annual hosting Cost ........................................................ $18,000.00

3. Valve Exercise Module Annual Hosting Cost ................................................. $ 1,500.00

4. Hydrant Flushing Module Annual Hosting Cost ............................................. $ 1,500.00

5. USA DigAlert Module Annual Hosting Cost ................................................... $ 1,500.00

6. Sewer Line Cleaning Module Annual Hosting Cost ....................................... $ 1,500.00

7. Manhole Inspection Module Annual Hosting Cost ........................................ $ 1,500.00

8. CCTV Module Annual Hosting Cost ................................................................ $ 1,500.00

9. Core Logic Reports Hosing Costs ..................................................................... $ 6,500.00

10. Unlimited GIS Data Updates plus maps creation as and when required*.... $15,000.00

11. Training ............................................................................................................. No charge

12. Unlimited Technical Support .......................................................................... No Charge

Year 1 Total Costs .................................................................................. $ 66,500.00

Note: Unlimited GIS Data Updates include Asbuilt Plan updates to Water and Sewer facilities, Redline updates, and exhibit map PDF file creation.

June 19, 2023 City Council Agenda Packet
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EXHIBIT B

PAYMENT SCHEDULE

Total Fee Year One (1) $ 66,500.00

Payment terms are Net 30 days
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AGREEMENT FOR CITY ENGINEERING SERVICES
THIS AGREEMENT , made and entered into this 1st day of July, 2023, by and between the City of La Verne, a municipal c orporation, hereinafter referred to as "City" and RKA Consulting Group (RKA), hereinafter referred to as "City Engineer."

WITNESS ETH
THE PARTIES hereto agree as follows:

ARTICLE I

NATURE OF SERVICES
A. GENERAL ADMINISTRATIVE FUNCTIONS - The City Engineer shall administer the functions pertaining to the engineering needs of the City, including but not limited to the following:

1. Be available to consult with staff on all matters relating to engineering. This will be accomplished by the establishment of a minimum of eight (8) office hours per week as specified by the City further in this Agreement.

2. Review all matters pertaining to engineering to insure that undertakings proposed and implemented by the City and others are done in a manner that protects the City's interests and are in keeping with City goals, specifications and practices.

3. Be available to the public and private developers to handle matters dealing with the engineering functions of City government.

4. Attend all regular, adjourned and special City Council meetings, unless excused by the City Manager.

5. Establish and maintain effective working relationships with staff, public agencies and utilities. Establish and maintain working relationships with the City's Water Division Engineer.

6. Direct the other engineering services provided by the Engineer to assure compatible and timely response to City needs.

7. Maintain, at City Hall, municipal engineering records and maps required to insure accurate information is available to the City.

8. Prepare reports, i nvestigations, studies and evaluations as may, from time to time, as required and directed by the City Manager.

9. Perform other engineering related functions as directed by the City Manager.

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B.

10. Advise the City Manager as to engineering and construction financing available from other government agencies and, when so directed, prepare and initiate applications for funding.
11 . If so directed, administer State Highway Users Funds to assure compliance with State requirements for expenditures of such funds.

12. Provide technical assistance for City personnel when so directed. Represent engineering concerns on the Development Review Committee of the City. Assist the Finance Officer with the administration of assessment and landscape maintenance districts.

13. Provide for enforcement of City engineering related City ordinances.

14. Engineer to meet weekly with the City Manager and present activity reports of major projects in La Verne, both public and private.

15. Provide inspection services for investigation of engineering related complaints and conditions.

16. Assist clerical staff in management of records relating to engineering. Serve as liaison to the City Clerk for engineering related matters.

17. Provide public information regarding municipal engineering matters.

18. Assist the Public Works Director in the preparation of capital improvement projects, improvement plans, specifications, bid documents and public improvement project management.

19. Assist the Community Development Director in the preparation of capital improvement projects, improvement plans, specifications, bid documents and public improvement project management for HCDA and projects specifically listed on the ROPS.

The above services are to be performed by the principal, generally during two business days per week, designated as Tuesday and Thursday mornings. Compensation shall be based on monthly retainer as described in Attachment "A" unless provided for in Sections B, C and D of this Agreement or as directed by the City Manager.

Should it be found necessary to have general engineering administrative services in excess of the above time parameter, the need for extraordinary services shall be evaluated by the City Manager, and if authorized shall be compensated for on the basis set forth under Subsection E, "Compensation," below.

DEVELOPMENT REVIEW - The Engineer shall administer the private development engineering functions of the City, including but not limited to the following:

1. Review proposed improvements and land developments and provide recommendations as to engineering matters to insure conformance with the June 19, 2023 City Council Agenda Packet
502
C.
grading ordinance, hillside development and other applicable ordinances of the City of La Verne.

2. Perform statutory functions of the City Engineer pertaining to the review and checking of lot line adjustments, parcel and tract maps, including tentative, final and vesting maps. Insure map conformance with Map Act and City ordinances.

3. Review and check all improvement plans for facilities under the jurisdiction of the City that are prepared by private developers or other agencies to insure conformance with the City design standards and regulations.

4. Provide a "turn around" checking time for maps and improvement plans generally not to exceed two weeks for first plan check after the application has been determined complete. The Engineer shall be responsible for notifying the applicant in writing of any final plan or final map deficiencies within thirty days, specifying those items needed to complete the application.

5. Establish performance, labor and material bond amounts when required and insure the posting of such securities and other development fees within t he proper time sequence of such development control.

6. Provide such necessary and related functions as are the normal practice of the City Engineer in control of private development.

7. Represent City engineering concerns at the Development Review Committee.

As defined by the La Verne Municipal Code, the City Engineer is a "voting member" of the review committee.

For development review functions, the City shall compensate the Engineer based on a time and materials basis, per the schedule of hourly rates contained in Section F, "Compensation", below. Schedule "B" shall be used for developer deposit accounts.

Schedule "A" shall be used for all City accounts.

CAPITAL PROJECTS - Upon specific and separate authorization, perform the following services:

1. Prepare plans and specifications for City projects.

2. Provide construction observation and management during the course of City projects.

3. If so desired by the City, prepare special engineering reports on such matters as assessment district formations, utility annexations, etc.

4. Prepare bid documents and administer bids for City projects.

5. Assist the Community Development and Public Works Departments in the establishment and maintenance of a capital improvement program.

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D.

For capital improvement projects the City shall compensate the Engineer based on a time and materials basis, per the Schedule "A" of hourly rates contained in Attachment "A."
The Engineer will only proceed on additional work upon written authorization of the City Manager. The City reserves the right to obtain proposals from other engineers for capital projects if it is deemed in the best interests of the City. The City will be allowed to use its qualified staff for contract administration and field inspection of its capital projects under the direction of the Engineers.

LANDSCAPE MAINTENANCE AND ASSESSMENT DISTRICT ENGINEERING - The Engineer shall act as assessment engineer for the maintenance and assessment district assigned by the City Manager. Services shall include the following:

1. Distribute annual maintenance, operation and capital improvements costs for all districts.

2. Provide for and send out all notices required for public hearings.

3. Attend all public hearings, give annual reports, prepare necessary documents and data required by the County Assessor for proper and adequate assessment of costs.

4. Provide for professional evaluation of and technical assistance to the maintenance and assessment districts.

5. As is necessary, evaluate, revise and prepare specifications for contractual maintenance.

6. Set up and oversee the development of new interim maintenance districts as required and provide for the annual assessment procedures when the new territories become final and accepted by the City.

For assessment district functions the City shall compensate the Engineer based on a time and materials basis, per Schedule "A" of hourly rates contained in Section F, "Compensation," below.

E. TRAFFIC ENGINEERING - The Engineer and Traffic Engineer shall perform traffic engineering services as assigned by the City Manager. Services shall include the following:

1. Prepare warrant studies, corner sight distance analysis, traffic impact analysis reports, stopping sight distance analysis, signing and striping, plans, traffic signal, traffic control, and other miscellaneous plans.

2. Perform plan check review on traffic related plans and recommend for approval.

3. Perform other miscellaneous tasks as requested.

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F. COMPENSATION - The City shall pay for such routine services as outlined in Section A through E, above of this Agreement, in accordance with the following schedules as contained in Attachment "A" In no case shall there be any compensation to the Engineer outside the provisions set forth in this Agreement.

ARTICLE II

CITY MANAGER SUPERVISION
The City Manager shall have the right of general supervision of all the work performed by the Engineer and shall be the City's agent with respect to the review, critique and approval of the services of the Engineer. He shall arrange for the orderly administration of the scope of services by the Engineer , including provisions for work authorizations and coordination of performance. The City Manager shall have the right to delegate supervision of certain projects and areas of this Agreement. The City Manager shall establish written work authorization procedures .

ARTICLE Ill

OWNERSHIP OF DOCUMENTS
Ownership of original plans, drawings , specifications , exhibits and texts created in the fulfillment of this Agreement shall belong to the City. The Engineer may retain copies of all records. The City shall make available to the Engineer all records , reports, files and other documents necessary by the Engineer to properly perform the services required by the City.

ARTICLE IV

DESIGNATION OF CITY ENGINEER
A CITY ENGINEER - As an express condition of the City entering into this Agreement, Cody A Hewing, or David Gilbertson , shall be directly responsible for the performance of work required pursuant to this Agreement. If, at any time, the services of Cody A Hewing or David Gilbertson are not available to supervise the services to be performed under the terms of this Agreement, this Agreement shall be immediately cancelable at the option of the City of La Verne and the City will no longer be bound to make compensation to the Engineer for any purposes whatsoever after the date Cody A Hewing or David Gilbertson are no longer available to provide such supervision . The City Engineer for the City of La Verne shall be Cody A Hewing (RCE No. 86054) and RKA will not designate any other person to perform such services .

B. DEPUTY CITY ENGINEERS - The Deputy City Engineer for the City of La Verne shall be John R. Leveillee (RCE No. 61904). The Traffic Engineer for the City of La Verne shall be John R. Leveillee (TE No. 2670). The Engineer shall not designate any other person to perform such services without prior written permission from the City Manager .

C. ASSIGNMENT OF TRANSFER - This Agreement covers professional or specialized services of a specific and unique nature and the Engineer shall not assign , sublet or June 19, 2023 City Council Agenda Packet
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transfer Engineer's interest in this Agreement without the prior written consent of the City.

ARTICLE V

OPERATIVE DATE AND TERM
This Agreement shall be operative as of the date the Agreement is entered into by and between the City and Engineer and shall continue in effect until such time as the Agreement is terminated by either party. The City may terminate this Agreement by giving a thirty (30) day written notice and the Engineer may terminate this Agreement upon giving a sixty (60) day notice.

Inasmuch as the services to be provided under this Agreement are professional services, termination by either party shall be with due regard to the interests of the other party. If Engineer terminates, he shall, at the request of the City, use his best efforts to perform essential services under this Agreement until a replacement has been selected. In the event of such termination, Engineer shall be entitled to reimbursement for all expenses incurred by him prior to expiration of such notice, and the amount of fees paid by Engineer shall be determined based upon the percentage of work completed as of the expiration of such notice.

ARTICLE VI

WARRANTS BY ENGINEER
The Engineer shall be an independent contractor and not an employee of the City under this Agreement and every person providing services under this Agreement, other than the Engineer, shall be the employee or subcontractor of the Engineer. The Engineer warrants that he shall pay and withhold all payroll taxes and similar payments, as required by law, including state and federal income tax, state disability insurance premiums, social security taxes and unemployment taxes, and shall maintain workers' compensation insurance as required by law.

The Engineer agrees to indemnify the City and hold it harmless from any claim for compensation, or injury or illness arising within the scope of the Engineer's participation or the Engineer's employees performing service under this Agreement.

Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

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and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this AgreemenUlocation or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1 ,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease.

1.1 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1 ,000,000 per claim, and shall be endorsed to include contractual liability.

1.2 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way.

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(C) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers.

1.3 Separation of Insureds: No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers.

1.4 Deductibles and Self-Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

1.5 Acceptability of Insurers. Insurance is to be placed with insurers with a current AM. Best's rating no less than A: VIII, licensed to do business in California, and satisfactory to the City.

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

ARTICLE VII

WARRANTS BY CITY
The City agrees that the Engineer shall not be liable for injury or damage to a person or property that should be occasioned or caused by an intentional act, a negligent act or an omission of the City or its members, officers, agents, employees, subcontractors, their agents, officers or employees, and that the City will hold the Engineer, its officers, agents and employees harmless from liability thereof, and will defend the same in respects to any claim or legal action that might ensue as a result of such injury or damage, including the payment of reasonable attorney's fees.

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ARTICLE VIII

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

ARTICLE IX

ARTICLE X

NOTICES
Whenever it shall be necessary for either party to serve notice on the other respective party of this Agreement, such notice shall be served to the following:

Ken Domer, City Manager
City of La Verne
3660 "D" Street
La Verne, CA 91750
David G. Gilbertson, President/CFO/Secretary
RKA Consulting Group
398 Lemon Creek Drive, Suite E
Walnut, CA 91789
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ARTICLE XI

CONFLICTS OF INTEREST
The Engineer hereby attests that he or his firm have no conflicts of interest regarding services contained in this Agreement. Conflict of interest is defined as if RKA Consulting Group enters into a contract, has current a contract assigned, or receives compensation to provide a private client, developer or builder consulting services for projects inside or outside of the City of La Verne who is currently developing or building within the City or within the City's planning sphere of influence. The City Engineer, Deputy City Engineer, and Traffic Engineer state that they will avoid future conflicts of interest and, in the case of an assigned RKA contract, will immediately disclose the conflict of interest to the City Manager. The City Manager shall determine if a modification to RKA's City contract to mitigate the impact of the conflict of interest is necessary and implement the same. This resolution of the issue shall be done in writing. The Engineer and the designated City Engineer hereby attest that they or their immediate families own no property within the City of La Verne or the planning sphere of influence larger than one acre in gross size.

ARTICLE XII

AFFIRMATIVE ACTION
Through this Agreement the Engineer affirms his commitment of equal employment opportunities for all individuals and will make every effort to recruit, hire, train and promote qualified persons, particularly from groups which are victims of discrimination due to race, color, creed, age, national origin, sex or handicap. Every effort will be made to insure the maintenance of a full and effective affirmative action program.

All supervisory staff will comply with equal employment opportunity guidelines to insure that inadvertent discrimination does not unfairly screen out the individuals from the above groups.

Supervisory staff will hold periodic meetings with employees under their direction to assist in developing themselves with employees with regard to employment and education. Supervisory staff will insure that the above individuals are given equal opportunity, that all employees are not locked into positions because of their color, race, sex, national origin, age, religion or handicap.

ARTICLE XIII

ENTIRETY OF AGREEMENT
This Agreement represents the entire Agreement between the City and the Engineer and supersedes any agreements and all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the City and the Engineer.

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ARTICLE IVX

ARTICLE XV

Dated July 1, 2023
Attest:

CITY OF LA VERNE
A Municipal Corporation
Mayor Tim Hepburn
RKA Consulting Group
A California Corporation
O:~~
David G. Gilbertson, President/CFO/Secretary
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ATTACHMENT "A"

SCHEDULE OF HOURLY RA TES
AND
SCHEDULE "A" - CITY
Principal/City Engineer
Traffic Engineer
Professional Engineer
Project Engineer (non-registered )
Design Engineer
Inspector - Public Works *
Administrative Assistant
Clerica l
Engineering Technician
Monthly Retainer

MONTHLY RETAINER
(Minimum of 16 office hours per month, attendance at
Department Head staff meetings and special Department
Head "workshops" , "retreats", etc.)
SCHEDULE "B" - DEVELOPER DEPOSIT
Principal/City Engineer
Traffic Engineer
Professional Engineer
Project Engineer (non-registered)
Design Engineer
Inspector - Public Works
Administrative Assistant
Clerical
Engineering Techn ician
Blue Print and Reproductions
Effective date : July 1, 2023 to June 30, 2024
2023/2024
$125.00
$125.00
$105.00
$97.00
$91.00
$81.00
$57.00
$41.00
$66.00
$2,000.00
$173.00
$173.00
$145.75
$131.75
$131.75
$100.25
$68.50
$61.00
$83.25
Cost plus 15%
*If the State of California requires a "Prevailing Wage" Inspector on a City project , the Inspector Public Works hourly rate will be invoiced at an increased rate of $14.00.

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AGREEMENT FOR CITY BUILDING AND SAFETY SERVICES
THIS AGREEMENT , 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 RKA Consulting Group (RKA), hereinafter referred to as "Superintendent of Building." A.

1. 2.

3. 4.

5. WITNESS ETH
THE PARTIES hereto agree as follows:

ARTICLE I

NATURE OF SERVICES
GENERAL - RKA's proposal of Building and Safety Services dated October 15, 1990 in response to the City of La Verne's Request for Proposal dated September 21 , 1990.

GENERAL ADMINISTRATIVE FUNCTIONS - The Superintendent of Building and the Principal Building Inspector shall administer the functions pertaining to the Building and Safety needs of the City, including but not limited to the following :

Superintendent of Building will be available to consult with staff on all matters relating to Building and Safety. This will be accomplished by the establishment of a minimum of eight (8) office hours per week , coinciding with the office hours of the City Engineer.

Review all matters pertaining to Building and Safety services to insure that undertakings proposed and implemented by the City and others are done in a manner that protects the city's interests and are in keeping with City goals, specifications and practices .

Be available to the public and private developers to handle matters dealing with the Building and Safety functions of City government.

Attend any regular, adjourned and special City Council meetings and Community Development Department staff meetings as directed by the Community Development Director .

Establish and maintain effective working relationships with staff, public agencies and utilities.
-
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6. Direct other Building and Safety services provided by the Superintendent to assure compatible and timely response to City needs.

7. Maintain, at City Hall, Building and Safety records and maps required to insure accurate information . Filing of records & maps shall be compatible with City's Management Information Systems program.

8. Prepare reports, investigations, studies and evaluations as may from time to time, as required and directed by the Community Development Director.

9. Perform other Building and Safety related functions as directed by the Community Development Director.

10. Provide technical assistance for City personnel when so directed.

11. Provide for enforcement of City Building and Safety regulations and ordinances.

12. Provide a Building and Safety permit clerk on a time and materials basis as requested by the Director of Community Development.

13. Provide plan checking and inspection services for the Building and Safety Division of the Community Development Department.

14. Assist clerical staff in management of records relating to Building and Safety.

15. Provide public information and develop a "brochure series" regarding Building and Safety matters.

16. Except where noted, the above services are to be performed by the Superintendent and/or Principal Building Inspector during business days, designated as Monday thru Thursday mornings, 8:00 a.m. to 10:00 a.m. and one afternoon for two hours as directed by the Community Development Director .

Compensation shall be based on plan checking and building permit fees.

Building inspection services shall be provided Monday thru Thursday after required office hours as stated above.

Should it be found necessary to have general Building and Safety administrative services in excess of the above time parameter, the need for extraordinary services shall be evaluated by the City Manager, and if authorized shall be compensated for on the basis set forth under Subsection D, "Compensation", below.

C. PLAN CHECKING & INSPECTION SERVICES - The Superintendent shall administer the Building and Safety functions of the City, including but not limited to the following:

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1. Plan check proposed improvements , requmng Building and Safety permits to insure conformance with the City of La Verne.

2. Inspect "Permitted" building improvements to insure conformance with approved plans and ordinances of the City of La Verne.

4. Provide a "tum around" checking time for plan checks not to exceed two weeks for 90% of submittal for that first plan check after the application has been determined complete and for any succeeding plan checks. Status of plan checks shall be tracked by a computer or manual system acceptable to the Community Development Director.

5. Provide such necessary and related functions as are the normal practice of the Building and Safety Division including Building Rehabilitation and Code Enforcement of Building Codes at hourly rates.

6. Provide SW PPP and BMP compliance for those construction projects requiring the installation of BMPs.

7. Provide grading inspection for those projects requiring a grading permit.

D. COMPENSATION
Compensation for services as outlined in Section A and B above of this agreement will be at the following schedule based on the City of La Verne collecting fees two times County of Los Angeles Fee Schedule for projects with valuations of $10,000,000 or less, projects with remainder valuation beyond the standard threshold may be evaluated on a case by case basis for alternative fee structure to be collected by the City with respect to said remainder amount. In the event such a project is brought forward for considera tion of an alternative fee structure, the City shall provide notice to RKA of the proposed City fees and a mutually agreed upon fee structure shall be determined prior to any final approval or issuance of modifications to the project specific fee structure. The alternative fee structure shall not be less than that amount otherwise collected based on a one and one half times multiplier of the prevailing Los Angeles County fee structure based on the project valuation as distributed to RKA per the apportionment described below.

1. 25% of Building Plan Check fees collected by City.

2. 50% of the Building Permit Fee (for inspection services) .

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3. Compensation for Building and Safety related services shall be on a "time and materials" basis in accordance with RKA's Hourly Rate Schedule "A" of Attachment A for the following tasks:
• Grading plan checks and inspections when an application for plan check or a permit has been issued.
• SWPPP and BMP compliance inspections in compliance with a grading permit.
• Building rehabilitation when a permit has been issued. • Response to an inspection required for a fire or public safety related "call out".
• Response to a NPDES violation that City will not recover costs. • Response to a code violation that City will not recover costs.

4. Compensation for Building and Safety related services shall be on a "time and materials" basis in accordance with RKA's Hourly Rate Schedule "B" of Attachment A for the following tasks:
• Response to a NPDES violation that City will recover costs. • Response to a code violation that City will recover costs.

All compensation and fees proposed herein by RKA including hourly rates and future negotiated fees shall include all non personnel items i.e. travel, telephone, postage, and reproduction.

RKA as part of the compensation for services will provide the necessary building permit forms.

The above subject fees are subject to and can be adjusted as the City's fees may in the future change.

ARTICLE II

COMMUNITY DEVELOPMENT DIRECTOR
The Community Development Director shall have the right of general supervision of all the work performed by the Superintendent and shall be the City's agent with respect to the review, critique and approval of the services of the Superintendent. He shall arrange for the orderly administration of the scope of services by the Superintendent, including provisions for work authorizations and coordination of performance. The Community Development Director shall have the right to delegate supervision of certain projects and areas of this Agreement. The Community Development Director shall establish written work authorization procedures.

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ARTICLE Ill

OWNERSHIP OF DOCUMENTS
Ownership of original plans, drawings, specifications, exhibits and texts created in the fulfillment of this Agreement shall be the City's. The Superintendent may retain copies of all records. The City shall make available to the Superintendent all records, reports, files and other documents necessary by the Superintendent to properly perform the services required by the City.

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ARTICLE IV

DESIGNATION OF EMPLOYEES
A. SUPERINTENDENT OF BUILDING - The Superintendent of Building for the City of La Verne shall be Cody A. Hewing. RKA will not designate any other person to perform such services without prior written permission from the City Manager. As an expressed condition of the City entering into this Agreement, Cody A. Hewing shall be directly responsible for the performance of all work required pursuant to this Agreement.

B. PRINCIPAL BUILDING INSPECTOR - The Principal Building Inspector for the City of La Verne shall be Ernest Almeida. The Superintendent shall not designate any other person to perform such services without prior written permission from the City Manager.

C. ASSIGNMENT OF TRANSFER - This Agreement covers professional or specialized services of a specific and unique nature and RKA shall not assign, sublet or transfer their interest in this Agreement without the prior written permission from the City Manager. If, at any time, Cody A. Hewing or David G. Gilbertson, is not available to supervise the services to be performed under the terms of this Agreement, this Agreement may be immediately cancelable at the option of the City of La Verne.

ARTICLE V

OPERATIVE DATE AND TERM
This Agreement shall be operative as of the date the Agreement is entered into by and between the City and RKA Consulting Group and shall continue in effect until such time as the Agreement is terminated by either party. The City may terminate this agreement by giving a thirty (30) day written notice and the Superintendent may terminate this Agreement upon giving a sixty (60) day notice.

Inasmuch as the services to be provided under this Agreement are professional services, termination by either party shall be with due regard to the interests of the other party. If Superintendent terminates, he shall, at the request of the City, use his best efforts to perform essential services under this Agreement until a replacement has been selected. In the event of such termination, Superintendent shall be entitled to reimbursement for all expenses incurred by him prior to expiration of such notice, and the amount of fees paid by engineer shall be determined based upon the percentage of work completed as of the expiration of such notice.

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ARTICLE VI

WARRANTS BY RKA CONSULTING GROUP
The Superintendent shall be an independent contractor and not an employee of the City under this Agreement and every person providing services under this Agreement, shall be the employee or subcontractor of RKA Consulting Group. RKA Consulting Group warrants that they will pay and withhold all payroll taxes and similar payments, as required by law, including state and federal income tax, state disability insurance premiums, social security taxes and unemployment taxes, and shall maintain workers compensation insurance as required by law. RKA Consulting Group agrees to indemnify the City and hold it harmless from any claim for compensation, or injury or illness arising within the scope of RKA participation or RKA employees performing service under this Agreement.

1.0 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001 ); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability:

Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1 ,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability:

Workers' Compensation limits as required by the Labor Code of the State of California.

Employer's Liability limits of $1 ,000,000 per accident for bodily injury or disease.

1.1 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate June 19, 2023 City Council Agenda Packet
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to their profession. Such insurance shall be in an amount not less than $1 ,000,000 per claim, and shall be endorsed to include contractual liability.

1.2 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on fom,s supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Work or operations perfonned by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage.

Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (C) Workers' Compensation and Employers Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the tenns of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers.

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1.3 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers.

1.4 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

1.5 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A: VIII, licensed to do business in California, and satisfactory to the City.

ARTICLE VII

WARRANTS BY CITY
The City agrees that RKA Consulting Group shall not be liable for injury or damage to a person or property that should be occasioned or caused by an intentional act, a negligent act or an omission of the City or its members, officers, agents, employees, subcontractors, their agents, officers or employees, and that the City will hold RKA Consulting Group, its officers, agents and employees harmless from liability thereof, and will defend the same in respects to any claim or legal action that might ensue as a result of such injury or damage, including the payment of reasonable attorney's fees.

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ARTICLE VIII

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

ARTICLE IX

ARTICLE X

NOTICES
Whenever it shall be necessary for either party to serve notice on the other respective party of this Agreement, such notice shall be served to the following:

ARTICLE XI

CONFLICTS OF INTEREST
RKA Consulting Group hereby attests that their firm has no conflicts of interest regarding services contained in this Agreement. RKA Consulting Group states that they will disclose all future conflicts of interest to the City Manager. RKA Consulting Group hereby attests that the firm nor the President or his immediate family owns no property within the City of La Verne or the planning sphere of influence larger than one acre in gross size.

RKA Consulting Group shall provide no services, requmng review by the Building Official, for any private client within the corporate boundaries of the City of La Verne during the period that this Agreement is in effect.

ARTICLE XII

AFFIRMATIVE ACTION
Through this Agreement RKA Consulting Group affirms their commitment of equal employment opportunities for all individuals and will make every effort to recruit, hire, train and promote qualified persons, particularly from groups which are victims of discrimination due to race, color, creed, age, national origin, sex or handicap. Every effort will be made to insure the maintenance of a full and effective affirmative action program.

All supervisory staff will comply with equal employment opportunity guidelines to insure that inadvertent discrimination does not unfairly screen out the individuals from the above groups. Supervisory staff will hold periodic meetings with employees under their direction to assist in developing themselves with employees with regard to employment and education. Supervisory staff will insure that the above individuals are given equal opportunity, that all employees are not locked into positions because of their color, race, sex, national origin, age, religion or handicap.

ARTICLE XIII

ENTIRETY OF AGREEMENT
This Agreement represents the entire Agreement between the City and RKA Consulting Group and supersedes any agreements and all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the City and RKA Consulting Group.

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ARTICLE XIV

Dated July 1, 2023 CITY OF LA VERNE
A Municipal Corporation
Mayor Tim Hepburn
Attest:

RKA CONSUL TING GROUP
a j Cz;a Corporation
David G. Gilbertson, President/CFO/Secretary
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ATTACHMENT "A"

SCHEDULE OF HOURLY RA TES
SCHEDULE "A" - CITY
Superintendent of Building
Building Official
Professional Engineer
Inspector - Public Works*
Administrative Assistant
Clerical
Engineering Technician
Principal Building Inspector
Senior Inspector
Inspector - Building & Safety
SCHEDULE "B" - DEVELOPER DEPOSIT
Superintendent of Building
Professional Engineer/Building Official
Inspector - Public Works
Administrative Assistant
Clerical
Engineering Technician
Principal Building Inspector
Senior Inspector
Inspector - Building & Safety
Blue Print and Reproductions
Effective date: July 1, 2023 to June 30, 2024
2023/2024
$125.00
$105.00
$105 .00
$81.00
$60.00
$41.00
$66.00
$87.75
$81.00
$67.50
$173.00
$145.75
$100.25
$68.50
$61.00
$83.25
$119.00
$113.50
$100 .25
Cost Plus
15%
*If the State of California requires a "Prevailing Wage" Inspector on a City project, the Inspector- Public Works hourly rate will be invoiced at an increased rate of $14.00.

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AGREEMENT TO PROVIDE MAINTENANCE SERVICES
THIS AGREEMENT is made and entered into this --1§!___ day of July . 2023, by and between the City of La Verne, a municipal corporation, hereinafter referred to as "City," and Sierra Pacific Electrical Contracting 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 street light knock downs and to include their related parts as requested by the City. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor herein under in meeting its obligations under this Agreement.

2. 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 \1 !
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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.

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.

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: Sierra Pacific
2542 Avalon Street
Riverside, CA 92509
or personally delivered to Contractor to such address or such other address as Contractor designates in writing to City.

14. Nondiscrimination. Contractor warrants that it is an equal opportunity employer and shall comply with applici!ble 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 1,--
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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 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.

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

B.
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.

Minimum Limits of Insurance
Contractor shall maintain limits no less than:
i. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. II Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit ($2,000,000).
ii. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.
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C.

D.
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.

I
Deductibles and Self-insured Retentions
i. Any dedubtibles or self-insured retentions must be declared to and approved [y the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects I e City, its officers, officials, employees and volunteers; or the Contracto shall procure a bond guaranteeing payment of losses and related inr9stigations, claim administration, an defense expenses.

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

The City of La Verne, its officers, officials, employees, agents and volunteer$ 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 t[' e Contractor, or automobiles owned, leased, hired or borrowed by the Co tractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of La Verne, its officers, officials, mployees, or volunteers, and shall be provided on Insurance Services <Dffice 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 endorse~ent such as CG 20 37 with an edition date prior to 2004.

The Contlactor's insurance coverage shall be primary insurance as respects I e City of La Verne, its officers, officials, employees, agents and volun eers. 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 covf rage provided to the City of La Verne, its officers, officials, employee , agents or volunteers.

The Cont actor's insurance shall apply separately to each insured against whom cla m is made or suit is brought, except with respect to the limits of the insur r's liability.

No liabilit insurance coverage provided to comply with this Agreement shall proh bit Contractor, or Contractor's employees, or agents, from waiving t e right of recovery prior to a loss. Contractor waives its right of recovery gains! City.
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E.

Workers' Compe sation and Employers Liability Coverage
i. The insur~r shall agree to waive all rights of subrogation against the City of La Venae, its officers, officials, employees, agents or volunteers for losses ari ing from work performed by the Contractor for the City of La Verne.

All Coverage
Each insurance olicy required by this clause shall be endorsed to state that coverage shall net be suspended, voided, canceled by either party, reduced in coverage or in lijits except after thirty days prior written notice by certified mail, return receipt reJested, has been given to the City of La Verne.

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

Verification of cdverage
Upon execution lf this Agreement, Contractor shall furnish the City with certificates of insprance and with original endorsements effecting coverage required by this ~ause. The certificates and endorsements for each insurance policy are to be 51gned by a person authorized by that insurer to bind coverage on its behalf. Thf. 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 werk commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

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

J. Contractor agreef 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. I

19. Indemnification. The C~ntractor shall save, keep and hold harmless indemnify and defend the City its officers, ageral ts, 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 inju is proximately caused by the gross or active negligence or willful misconduct of the City, it officers, agents, employees, or volunteers. ;:
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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 1774 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 determ inations , 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 essent ial 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, terminat ion, 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 Agreeme nt. 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 Corporat ion
Tim Hepburn , Mayor
Attest:

Lupe Gaeta Estrella , Assistant City Clerk
Sierra Pacific Electrical Contracting
BY. Mk
David Loop, Vice President
June 19, 2023 City Council Agenda Packet
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Contractor's Schedule of Fee -Exhibit A
July 1, 2023 through June 30, 024
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Contractor's Schedule of Fees-Exhibit A
,- Three hour response time with a 4 hour minimum
On Call price per light, per month Quantity of 1919 Per Ught $0.50 Streetlight Maintenance H0urly Rate/
Work'er Normal $150
Ongoing maintenance for all work Foreman Hourly Rate/
Normal v' $150
Labore( Hourly Rate/
Normal $100
Streetlight Maintenance Hourly Rate/ After
Worker Hours $172
Ongoing maintenance for all work Foreman Hourly Rate/ After Hours $172
Laborer Hourly Rate/ After
Hours $140
Streetlight Maintenance Hourly Rate/
worker AoUday
Ongoing maintenance for all work Foreman Hourly Rate/
Holiday $200
Laborer Hourly Rate/
Holiday $170
June 19, 2023 City Council Agenda Packet
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I
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I!
AC~® CERTIFIC~TE OF LIABILITY INSURANCE I DATIS(MMIDD/YYYY) 1: 1 r-::~='="=====-=-===-:c:c-:--::,==:-::-=-,'====:-:--====-===-:,c:-:=-:=,,-,=--==-===--'---:-"6"/2aa8/"2"02e,2'-,-----l i THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR N~GATIVELY 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 CERTjFICATE HOLDER.

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

If SUBROGATION IS WAIVED, subject to the terms ~nd conditions of the policy 1 certain policies may require an endorsement. A statement on this certificate does not confer rights to the certifica\e holder in lieu of such endorsement{s).

PRooucER Edgewood Partners Insurance Center (EPIC) ~~2,,~•~~'ic~c_r ____ T,.,in"'a""c"'o"'le.,,m,,a,.n!._ ____ .---...,,------------I 19000 MacArthur Blvd. PH Floor , r.~~~" •-•· 949-417-9164 I rffc ""'' 949-809-2364 Irvine, CA 92612 E-MAIL
1-"AOJDD0,R«E.,ss.,, ___ _.1""in,aa,,.c,,o,.,Ie,.m.,a,.nis,,=e""''ic,sb"'ro"'k"'e"rs'".c"'o"'m'-____ ~----I www.edgewoodins.com

INSURED
Sierra Pacific Electrical Contracting
2542 Avalon Street
Riverside CA 92509
INSURERIS\AFFORDING COVERAGE NAIC#
INSURER A: Zurich American Insurance Comnanv 16535
INSURER s: American Guarantee and Liabilitv Ins Co 26247 INSURERC:

INSURER 0:

INSURERE:

INSURERF:

COVERAGES CERTIFICATE NUMBER: 68945171 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANC:E LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, "IERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE NSURANCE 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. 1~;:, TYPE OF INSURANCE \.+\IJDL SUBR I POLICY NUMBER 1 ,&~M&Y EFF 1 .~~%~ LIMITS A ✓ COMMERCIAL GENERAL LIABILITY GLq 2506847 - 00 6/30/2022 6/30/2023 1 CLAIMS-MADE 0 OCCUR . I
EACH OCCURRENCE S1000000
>--+~ Project Agg/Limit
~ Wrap Exclusion Con ractual Liability
~ $5 000 Deduct. I Incl ded
f =r AGGREGATIS LIMIT APPLIES PER,
I
[ZJPRO- □ POLICY JECT LOC
OTHER:

A AUTOMOBILE LIABILITY
~
,-:L ~YAUTO
OWNED
~

SCHEDULED
~ AUTOS ONLY ~ AUTOS

HIRED NON-OWNED
,-:L AUTOS ONLY ,-_L AUTOS ONLY
B i-!L.. UMBRELLALIAB I ✓ I OCCUR I
EXCESS LIAB n CLAIMS-MADE
OED I I RETENTION s

A WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANYPROPRIETORIPARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
grs~~l?fi8~ ~ntgPERATIONS below
A Scheduled Equipment
Leased/Rented Equipment
Installation Floater
l
YIN 1
[ill N/A
I
sxs 3180910·00
WC 506849 - 00
CPPr3058825-00
6/30/2022 6/30/2023
6/30/2022 6/30/2023
6/30/2022 6/30/2023
MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE
S300 000
S5 000
S1 000,000
,2,000,000
PRODUCTS- COMP/OP AGG S 2 000,000
' COMBINE~
1 f1NGLE LIMIT
1--(Ea_a_ccident •1000000
BODILY INJURY (Per person)
' BOOIL Y INJURY (Per accident)
' ~ROPERTY
1 gAMAGE
'
Per accident
$
EACH OCCURRENCE S6 000 000
AGGREGATE S6,000 000
' ✓ I ~ffTUTE I I OTH-ER
E.L. EACH ACCIDENT ,1000000
E.L. DISEASE- EA EMPLOYEE s1 ,.,.,. ,.,.,,.,
E.L. DISEASE- POLICY LIMIT S 1.000 000
6/30/2022 6/30/2023 $800,918, $5000 deductible
$90,000 Limit. $5000 Deductible
$100,000 each occurrence
90% Coins. Snecial Form
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101, A'ddlUonal Remarks Schedule, may be attached If more apace Is required} Certificate holder is additional insured for general liability js required by written contract with the named insured prior to an occurrence. Primary Wording will apply ~f required by written contract.

GL and Work Comp Waiver of Subrogation are included if equired by written contract.

Subject to all policy terms & exclusions.

CERTIFICATE HOLDER
City of La Verne
3660 D Street
La Verne CA 91750
ACORD 25 (2016/03)

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE OEUVERED IN ACCORDANCE WITH THE POLICY PROVJSIONS.

The ACOR· name and logo are registered marks of ACORD
68945111 l 22-23 GL, AU, UM8, WC USE ::trs I Tina Cole:nan I 6 2!!/2022 8:03:15 AM (?D1') I Page l of 14 !1
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536
AGENCY CUSTOMER ID: _________________ _
LDC#: ______ _
~
ACORD"'
~ ADDITI(, NAL REMARKS SCHEDULE
I

NAMED INSURED
Edgewood Partners Insurance center (EPIC) Sierra Pacific Electrical Contracting 1------=:===-'--"=========---"''-------:.------__, 2542 Avalon Street AGENCY
POLICY NUMBER Riverside CA 92509

CARRIER I NAIC CODE
EFFECTIVE DATE:

ADDITIONAL REMARKS
I
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE ;o ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (03/16) HOLDER: City of La Verne
ADDRESS: 3660 D Street La Verne CA 91750
Additional Insured:

The City of La Verne, its office~s, employees, and agents, City's Representative, the Engineer and his/her consultants, and each of their of,ficers, emplbyees and agents.

The ACORD name and logo are registered marks of ACORD ADDENDUM 68945171 I 22-23 GL, AU, 0MB, WC USE ::;us I Tlna Cole::,an I /28/2022 8:03:15 AM (?DT) I Page 2 of 14 " ,, ,,
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June 19, 2023 City Council Agenda Packet
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Sierra Pacific Electr ical Contract ing
Additional Insured - Owners, Lessees Or Contractors
- Completed Operations
6/28/2022
ZURICH '"
THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY.

Policy No. GLO 2506847 - oo I Effective Date: 06/30/2022 This endorsement modifies insurance provided under the following:

Commercial General Liability Coverage Part

SCHEDULE
Name of Person or Organization:

Location And Description of Completed Operations :

Additional Premium:

Section II - Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule , but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorseme nt performed for that insured and included in the "products-completed operations hazard" .

All other terms, conditions, provisions and exclusions of this policy remain the same .

Includes copy righted material of Insurance Services Office , Inc., with its permiss ion .

U-GL-2182-A CW (09119)

Page 1 of 1 ends

La Verne City CouncilJune 19, 2023

La Verne City Council
June 19, 2023