La Verne City Council
June 19, 2023

June 19, 2023 City Council Agenda Packet
538
Additional Insured - Automatic - Owners, Lessees Or
Contractors
Sierra Pacific Electr ical Contracti ng
ZURICH
.,
THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY.

Policy No. GLO 2506847 · 00 J Effecti1.e Date: 0613012022 This endorsement modifies insurance provided under the:

Commercial General Liability Coverage Part
A. Section II - Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for "bodily injury" , "property damage" or "personal and ad1.ertising injury" and subject to the following:

1. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements:
a. The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition); or b. The ISO CG 20 37 (10/01 edition),
such person or organization is then an additional insured with respect to such endorsement(s) , but only to the extent that "bodily injury", "property damage" or "personal and ad1.ertising injury" arises out of:
(1) Your ongoing operations, with respect to Paragraph 1.a. abo-.e; or (2) "Your work", with respect to Paragraph 1.b. abo1.e, which is the subject of the written contract or written agreement.

Howe1.er, solely with respect to this Paragraph 1., insurance afforded to such additional insured:
(a) Only applies if the "bodily injury", "property damage" or "personal and ad-.ertising injury" offense occurs during the policy period and subsequent to your execut ion of the written contract or written agreement; and
(b) Does not apply to "bodjly injury" or "property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such co1.erage to such additional insured.

2. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements :
a. The Insurance Services Office (ISO) ISO CG 20 10 (07/04 edition); or b. The ISO CG 20 37 (07/04 edition),
such person or organization is then an additional insured with respect to such endorsement(s) , but only to the extent that "bodily injury" , "property damage" or "personal and ad1.ertising injury" is caused, in whole or in part, by:
(1) Your acts or omissions ; or
(2) The acts or omissio ns of those acting on your behalf, Includes copyrighted rrateria l of Insurance Services Office, Inc., with its pernission .

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June 19, 2023 City Council Agenda Packet
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in the performance of:
(a) Your ongoing operation , with respect to Paragraph 2.a. abo\e; or (b) "Your work" and included in the "products-completed operations hazard", with respect to Paragraph

2.b. abolo<l,
which is the subject of the ·uen contract or written agreement.

Howe\er, solely with respect to this Paragraph 2., insurance afforded to such additional insured:
(i) Only applies if the "bodily injury", "property damage" or "personal and adlo<lrtising injury" offense occurs during the p I icy period and subsequent to your execution of the written contract or written agreement; and
(ii) Does not apply to 'bodily injury" or "property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires I that you prmlide such co\erage to such additional insured.

3. If neither Paragraph 1. nor Paragraph 2. abo\e apply and such written contract or written agreement requires that you pro1.1de that the person or orga1ization be named as an additional insured:
a. Under the ISO CG 20 10 (04/131 edition, any subsequent edition or if no edition date is specified); or b. With respect to ongoing operations (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury", "property damage" or "personal and adlo<lrtising ·injury" s ·caused, in whole or in part by:
(1) Your acts or omissions; or
(2) The acts or omissions of th se acting on your behalf, in the performance of your o~going operations, which is the subject of the written contract or written agreement.

Howe\er, solely with respect to this aragraph 3., insurance afforded to such additional insured:
(a) Only applies to the extept permitted by law;
(b) Will not be broader !hap that which you are required by the written contract or written agreement to pro1.1de for such additio~al insured; and
(c} Only applies if the "bddily injury", "property damage" or "personal and adlo<lrtising injury" offense occurs during the polic period and subsequent to your execution of the written contract or written agreement.

4. If neither Paragraph 1. nor Paragra h 2. abo\e apply and such written contract or written agreement requires that you pro1.1de that the person or organ zation be named as an additional insured:
a. Under the ISO CG 20 37 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to the "products-co pleted operations hazard" (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury" or "property damage" is caused, in whole or iP. part by "your work" and included in the "products-completed operations hazard", which is the subject of the jritten contract or written agreement.

Howe\er, solely with respect to this faragraph 4., insurance afforded to such additional insured:
(1) Only applies to the extent pJrmitted by law;
(2) Will not be broader than !~at which you are required by the written contract or written agreement to pro1.1de for such additional i1sured;
(3) Only applies if the "bodily i jury" or "property damage" occurs during the policy period and subsequent to your execution of the written contract or written agreement; and Includes copyrighted rraterial of Insurance Services Office, Inc., with its pernission. 68'345171 I 22-23 GL, 'ltU, UMEI, WC USE :':!IS ! Tina Cole:na:i l 6 28/2022 8:03:15 /1.M (?D!J l Page 5 of 14 U-GL-2162-A ON (02/19)

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June 19, 2023 City Council Agenda Packet
540
(4) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products-completed opera ions hazard" unless the written contract or written agreement specifically requires that you pro\ide s ch co1.erage to such additional insured.

I
B. Solely with respect to the insurance a~orded to any additional insured referenced in Section A. of this endorsement, the following additional exclusion applies:

This insurance does not apply to "bodily injury", "property damage" or "personal and ad1.ertising injury" artsing out of the rendertng of, or failure to render, anr professional architectural, engineertng or sur1.eying sen.ices including:

1. The prepartng, appro\ing or failing ~o prepare or appro1.e maps, shop drawings, opinions, reports, sur1.eys, field orders, change orders or drawings and specifications; or

2. Supen.isory, inspection, architectud1 or engineertng acti\ities.

This exclusion applies e1.en if the ~!aims against any insured allege negligence or other wrongdoing in the supen.ision, hirtng, employment, training or monitortng of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", °[ the offense which caused the "personal and ad1.ertising injury", im.ul1.ed the rendertng of or the failure to render any rrofessional architectural, engineertng or sur1.eying sen.ices.

C. Solely with respect to the co1.erage pro\ided by this endorsement, the following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, C aim Or Suit of Section IV - Commercial General Liability Conditions:

The additional insured must see to i that:
(1) We are notified as soon as prac icable of an "occurrence" or offense that may result in a claim; (2) We recei1.e written notice of a c aim or "suit" as soon as practicable; and (3) A request for defense and inde nity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which he additional insured may be an insured in any capacity. This pro\ision does not apply to insurance on whioh the additional insured is a Named Insured if the written contract or written agreement requires that this co rage be prtmary and non-contrtbutory.

D. Solely with respect to the co1.erage pro ded by this endorsement:

1. The following is added to the Ot er Insurance Condition of Section IV - Commercial General Liability Conditions:

Primary and Noncontributory insurance
This insurance is prtmary to a~d will not seek contrtbution from any other insurance available to an additional insured pro\ided that:
a. The additional insured is a amed Insured under such other insurance; and b. You are required by wrttte contract or written agreement that this insurance be prtmary and not seek contrtbution from any other nsurance available to the additional insured.

2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition under Section IV - Commercial General Liability Co ditions:

This insurance is excess mer:

Any of the other insurance, hether prtmary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also co1.ered as an additional insured on another policy pro\iding co1.era~e for the same "occurrence", offense, claim or "suit". This pro\ision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a wrttten dontract or written agreement to pro.;de co1.erage to the additional insured on a prtmary and non-contrtbutory bakis.

E. This endorsement does not apply to Ln additional insured which has been added to this Co1.erage Part by an endorsement showing the additional in~ured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional i sured.

Includes copyrighte material of Insurance Services Office, Inc., with its perrrission. ,asmn I ,,_,, "'· AU, UMB, WC use cm I ""' Cole=o l 'I""°" B,03,15 AM J,O') I ,.,. 6 of 1' U-GL-2162-A ON (02/19)

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F. Solely with respect to the insurance afforded to an additional insured under Paragraph A.3. or Paragraph A.4. of this endorsement, the following is added to Section 111- Limits Of Insurance:

Additional Insured -Automatic - Owners, Lessees Or Contractors Limit The most we will pay on behalf of the additional insured is the amount of insurance:

1. Required by the written contract or written agreement referenced in Section A. of this endorsement; or

2. Available under the applicable Limits of Insurance shown in the Declarations, whiche\er is less.

This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.

All other terms, conditions, prO\Asions and exclusions of this policy remain the same.

Includes copyrighted material of Insurance Services Office, Inc., with its permission. 689451"71 I 22-23 GL, AU, UMB, WC USE! :'CtIS I Tina Cole:nan I 6/28/2022 8:03:15 AM (?Dr) I Page 7 of 14 LJ.GL-2162-A ON (02/19)

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June 19, 2023 City Council Agenda Packet
542
0 Contractors Liability Supplemental Coverages And
Conditions
ZURICH
Sierra Pacific Electrical Contracting
Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem.

GLO 2506847 - 00 06/30/2022 06/30/2023 06/30/2022
THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY .

This endorsement modifies insurance provided under the:

Commercial General Liabil ity Coverage Part

NON-OWNED WATERCRAFT SCHEDULE
Watercraft Length: ___ feet
(If no amount is shown above , 51 feet applies .)
A. Non-owned Watercraft Liability Extended Coverage
Paragraph (2) of Exclusion 2.g. Aircraft , Auto Or Watercraft under Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following:
(2) A watercraft you do not own that is:
(a) Less than the length shown in the Non-Owned Watercraft Schedule of this endorsement ; and (b) Not being used to carry persons or property for a charge; B. Damage To Premises Rented Or Occupied By You

1. The last paragraph under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following :

Exclusions c. through n. do not apply to damage by "specific perils" to premises while rented to you or temporari ly occupied by you with permission of the owner. A separate Damage to Premises Rented To You Limit of Insurance applies to this coverage as described in Section Ill - Limits Of Insurance .

2. The paragraph directly following Paragraph (6) in Exclusion j. of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following:

Paragraphs (1 ), (3) and (4) of this exclusion do not apply to "property damage" to premises (other than damage by "specific perils") , including "property damage" to the contents of such premises , rented to you under a rental agreement for a period of 14 or fewer consecutive days. A separate Limit of Insurance applies to Damage to Premises Rented to You as described in Section Ill - Limits Of Insurance.

3. Paragraph 6. of Section Ill - Limits Of Insurance is replaced by the following:

6. 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 in the case of damage by one or more "specific perils" to any one premises , while rented to you or temporarily occupied by you with permission of the owner.

4. Paragraph a. of the "insured contract" definition under the Definitions Section is replaced by the following:

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June 19, 2023 City Council Agenda Packet
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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 "specific perils" to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract";

5. Paragraph (ii) under Paragraph 4.b.(1) of the Other Insurance Condition under Section IV - Commercial General Liability Conditions is replaced by the following:
(Ii) That is property insurance providing coverage for "specific perils" for premises rented to you or temporarily occupied by you with permission of the owner;

6. The following definitions are added to the Definitions Section:
"Specific perils" means fire, lightning, explosion, windstorm or hail, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage from fire extinguishing equipment, weight of snow, ice or sleet or "water damage". 'Water damage" means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam.

C. Additional Insured - Lessor Of Leased Equipment - Automatic Status When Required In Lease Agreement With You

1. Section II - Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in a written contract or written agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) 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 your maintenance, operation or use of equipment leased to you by such person(s) or organization(s).

However, the insurance afforded to such additional insured:
a. Only applies to the extent permitted by law; and
b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured.

A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends.

2. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires.

3. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill - Limits of Insurance:

The most we will pay on behalf of the additional insured is the amount of insurance:
a. Required by the written contract or written agreement you ·have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less.

The insurance provided by this Paragraph C. shall not increase the applicable Limits of Insurance shown in the Declarations.

D. Additional Insured - Managers Or Lessors Of Premises

1. Section II - Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) that you have agreed in a written contract or written agreement to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of premises leased to you and subject to the following additional exclusions:

This insurance does not apply to:
a. Any "occurrence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of the additional insured manager or lessor of the premises leased to you.

However, the insurance afforded to such additional insured:
a. Only applies to the extent permitted by law; and
Includes copyrighted material of Insurance Services Office, Inc., with its permission. 68945171 I 22-23 GL, AU, tlMB, WC USE ':H!S f Tina Col!!:na:i 1 6/28/2022 8:03:15 AM (?D!) I Page 9 of 14 U-GL-1060-E CW (04/13)

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June 19, 2023 City Council Agenda Packet
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b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured.

2. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill - Limits of Insurance:

The most we will pay on behalf of the additional insured is the amount of insurance:
a. Required by the written contract or written agreement you have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less.

The insurance provided by this Paragraph D. shall not increase the applicable Limits of Insurance shown in the Declarations.

E. Additional Insured - State Or Governmental Agency Or subdivision Or Political Subdivision - Permits Or Authorizations

1. Section II - Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision that you have agreed in a written contract or written agreement or that you are required by statute, ordinance or regulation to name as an additional insured, subject to the following provisions:
a. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. b. This insurance does not apply to:
(1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or
(2) "Bodily injury'' or "property damage included within the "products-completed operations hazard".

However, the insurance afforded to such additional insured:
a. Only applies to the extent permitted by law; and
b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured.

2. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill - Limits of Insurance:

The most we will pay on behalf of the additional insured is the amount of insurance:
a. Required by the written contract or written agreement you have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less.

The insurance provided by this Paragraph E. shall not increase the applicable Limits of Insurance shown in the Declarations.

F. Personal And Advertising Injury Coverage -Assumed Under Contract Or Agreement

1. Exclusion e. of Section I - Coverage B - Personal And Advertising Injury Liability is replaced by the following:

2. Exclusions
This insurance does not apply to:
e. Contractual Liability
"Personal and advertising injury" for which the insured has assumed liability in a contract or agreement.

This exclusion does not apply to:
(1) Liability for damages that the insured would have in the absence of the contract or agreement; or (2) Liability for "personal and advertising injury" if:

Includes copyrighted material of Insurance Services Office, Inc., with its permission. 68945171 I 22-23 GL, AU, tlM8, WC USE: ':i:IIS I Tina Cole:na:1 1 6/28/2022 8:03:15 AM (?DI) I Page 10 ot: 14 U-GL-1060-E CW (04/13)

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June 19, 2023 City Council Agenda Packet
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(a) The liability pertains to your business and is assumed in a contract or agreement that is an "insured contract"; and
(b) The "personal and advertising injury" occurs subsequent to the execution of the contract or agreement.

Solely for the purposes of liability so assumed in such "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "personal and advertising injury", provided:
(i) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same contract or agreement; and
(ii) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged.

2. For purposes of this "personal and advertising injury" coverage only:

Paragraph d. and the second to last paragraph under Paragraph 2. of Supplementary Payments - Coverages A and B are replaced by the following:
d. The allegations in the "suit" and the information we know about the "occurrence" or offense are such that no confiict appears to exist between the interests of the insured and the interest of the indemnitee; So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Such payments will not be deemed to be damages for "bodily injury", "property damage" or "personal and advertising injury" and will not reduce the limits of insurance.

G. Insured Contract Amendment
Paragraph f. and f.(1) through f.(3) of the "insured contract" definition under the Definitions Section is replaced by the following:
"t. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another to pay for "bodily injury", "property damage" or "personal and advertising injury" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.

Paragraph f. does not include that part of any contract or agreement:
(1) That indemnifies a railroad for "bodily injury", "property damage" or "personal and advertising injury" arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage;
(3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities; (4) That indemnifies a person or organization for "personal and advertising injury":
(a) Arising out of advertising, publishing, broadcasting or telecasting done for you or on your behalf; or (b) To an "employee" of such person or organization that does advertising, publishing, broadcasting or telecasting for you or on your behalf; or
(5) That indemnifies a labor leasing firm for "bodily injury" to "leased workers".

Includes copyrighted material of Insurance Services Office, Inc., with its permission. 68945171 I 22-23 GL, AU, UMB, WC USE ':HIS I Tina Cole::ian I 6/28/2022 8:03:15 A.'l (?DT) ! !?age 11 of 14 U-GL-1060-E CW (04/13)
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H. Medical Payments - Increased Reporting Period
Paragraph a. of Section I - Coverage C - Medical Payments is replaced by the following:
a. We will pay medical expenses as described below for "bodily injury" caused by an accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or rent; or
(3) Because of your operations;
provided that:
(a) The accident takes place in the "coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within three years of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require.

I. Broad Bail Bond Coverage
Paragraph 1.b. under Supplementary Payments - Coverages A And B is replaced by the following:
b. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.

J. Amendment - Duties In The Event of Occurrence, Offense, Claim or Suit The following paragraphs are added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV - Commercial General Liability Conditions:

Notice of an "occurrence" or of an offense which may result in a claim under this insurance or notice of a claim or "suit" shall be given to us as soon as practicable after knowledge of the "occurrence", offense, claim or "suit" has been reported to your officer, manager, partner or an "employee" authorized by you to give or receive such notice.

Knowledge by "employees" other than your officer, manager, partner or "employee" authorized by you to give or receive such notice of an "occurrence", offense, claim or "suit" does not imply that you also have such knowledge.

In the event that an insured reports an "occurrence" to your workers compensation carrier and this "occurrence" later develops into a General Liability claim, covered by this Coverage Part, the insured's failure to report such "occurrence" to us at the time of the "occurrence" shall not be deemed to be a violation of this Condition. You must, however, give us notice as soon as practicable after being made aware that the particular claim is a General Liability rather than a Workers Compensation claim.

K. Unintentional Failure To Disclose Or Describe Hazards Paragraph 6. Representations of Section IV - Commercial General Liability Conditions is replaced by the following:

6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations.

Coverage will continue to apply if you unintentionally:
(1) Fail to disclose all hazards existing at the inception of this policy; or (2) Make an error, omission or improper description of premises or other statement of information stated in this policy.

You must notify us in writing as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to inception of this Coverage Part.

L. Bodily Injury Redefined
The "bodily injury" definition under the Definitions Section is replaced by the following:

Includes copyrighted material of Insurance Services Office, Inc., with its permission. 68945171 I 22-23 GL, AU, UMB, WC USE ';!US t Tina Cole::ia<1 I 6/28/2022 8:03:15 AM (?OT) I Page 12 of 14 U-GL-1060-E CW (04/13)
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"Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. This includes mental anguish, mental injury, shock, fright or death resulting from bodily injury, sickness or disease.

M. Two Or More Of Our Coverage Parts/Policies
The following is added to Section Ill - Limits of Insurance:

1. Subject to Paragraph 2. or 3. above, whichever applies, if this Coverage Part and any other Commercial General Liability Coverage Part or policy providing Commercial General Liability insurance issued to you by us or any other Zurich underwriting company affiliated with us apply to the same "occurrence", only the highest available Each Occurrence Limit under any such Coverage Part or policy applies to such "occurrence".

2. Subject to Paragraph 2. above, if this Coverage Part and any other Coverage Part or policy providing Commercial General Liability insurance issued to you by us or any other Zurich underwriting company affiliated with us apply to the same offense, only the highest available Personal And Advertising Injury Limit under any such Coverage Part or policy applies to such offense.

3. Under this Coverage Part and all other Zurich underwriting company Coverage Parts or policies to which Paragraphs 1. and 2. above combined apply, the most we will pay for all injury or damage because of "bodily injury" or "property damage" "occurrences", "personal and advertising injury" offenses and medical expenses is:
a. The single highest Coverage Part or policy General Aggregate Limit; or b. The single highest Coverage Part or policy Products-Completed Operations Aggregate Limit, whichever applies, whether such "occurrence", offenses or medical expenses are covered by one or more than one Zurich underwriting company policy.

4. Any existing provisions under Paragraph 4. Other Insurance under Section IV - Commercial General Liability Conditions that may be contrary to the provisions of this endorsement are amended to comply with the changes in coverage as stipulated in Paragraphs 1., 2., and 3. above.

This provision does not apply to any Coverage Part or policy issued by us or any other Zurich underwriting company affiliated with us specifically to apply as excess insurance over this Coverage Part.

N. Your Work Redefined
Paragraph a.(1) of the "your work" definition under the Definitions Section is replaced by the following:

22. "Your work":
a. Means:
(1) Work or operations performed by you or on your behalf, but does not include work or operations performed by another entity who joined with you to form a partnership or joint venture not shown as a Named Insured in the Declarations, which terminated or ended prior to the effective date of this policy; and
All other terms and conditions of this policy remain unchanged.

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WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
WC000313
(Ed. 04-84)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

Schedule
Any person or organization as required by written contract This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effectiv"o613oi2022 Policy No. we 2506849-oo Endorsement No.

Insured Sierra Pacific Electrical Contracting
Insurance Company Security National Insurance Company
Countersigned by
WC 00 0313
(Ed. 04-84)
68945171 t 22-23 GL, AU, UMB, WC USE: :':!IS I Tinil Cole;:1M1 I 6/28/2022 8;03:15 AM (?OT) l Page 14 of 14 June 19, 2023 City Council Agenda Packet
549

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 Tri County Pump Company hereinafter referred to as "Contractor."

RECITALS
(A) City wishes to establish a contractual relationship with Contractor to provide services and materials on an on-call basis when needed by City; and (B) City has not determined the exact nature, scope, or budget for these services and materials at this time; anp
(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 of the purchase order and returning it to the City within ten (10) days unless directed to reply sooner.

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

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

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

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

8. Cost of Services and Materials. Pricing for those services shall be specified in the purchase order and attachments to the purchase order for the specific services and materials requested by the City. In no event shall a single purchase under this Agreement exceed a total of One Hundred Seventy Five Thousand ($175,0Q0.00) 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 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
Tri County Pump Company
241 South Arrowhead
San Bernardino, CA 92408
or personally delivered to Contractor to such address or such other address as Contractor designates in writing to City.

13. 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 1 lr
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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.
ii.

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

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

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

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

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

D.

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

Other Insurance Provisions
The policy is 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 and 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 1 0 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 iii.
iv.
v.
and volunteers. Any insurance or self-insurance maintained by the City of La Verne, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's Insurance and shall not contribute with it.

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

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

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

H.

I.

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.

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.

Subcontractors
Contractor shall include all subcontractors as insured under its policies.

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

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

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

21. Prevailing Wages. Unless otherwise authorized in writing by the City, Contractor shall comply with Labor Code Sections 177 4 and 1775. The current schedule of prevailing wage rates supplied by the State Department of Industrial Relations is on file and is available on the following website: https://www.dir.ca.gov /Public-Works/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 classificat ion 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 Municipal Corporation
Tim Hepburn , Mayor
Attest:

Lupe Gaeta Estrella, Assistant City Clerk
Tri County Pump Company
June 19, 2023 City Council Agenda Packet
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Exhibit A
Contractor's Schedule of Fees
July 1, 2023 through June 30, 2024
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>~-=T=R=I=C=o=U=N=T=Y=p=u=M=P=C=O=M=PA=NY
~ WATERWELL AND PUMP SERVICE

RATE SHEET- PUMP PULLING AND WATER WELL SERVICE

PREVAILING WAGE RATES
City of La Verne
(Effective July 1, 2023 to June 30, 2024)
2 Man Crew and Pump Rig ................................................... $ 325.00 per hour 3 Man Crew and Pump Rig .................................................... $ 460.00 per hour Rotary Crane and I-man crew ............................................... $ 220.00 per hour Rotary Crane and 2-man crew ............................................... $ 355.00 per hour Service Truck w/Auto Crane & Field Serviceman ................ $ 200.00 per hour Service Truck w/Auto Crane & 2-man crew ......................... $ 335.00 per hour Service Truck and Field Serviceman ..................................... $ 190.00 per hour Service Truck and 2-man crew .............................................. $ 325 .00 per hour Flat Bed Truck and Driver ..................................................... $ 170.00 per hour Additional Helper ................................................................... $ 135.00 per hour Control and Instrument Specialist.. ........................................ $ 190.00 per hour Shop Labor. ......................................................... $ 110.00 per hour Overtime -Addition to above rates .............................. $ 95.00 per man hour Wire Brush or swab rental.. ....................................... $ 850.00 each Nylon Brush 8"-10" ................................................ $ 850.00 each Nylon Brush 12"-14" ............................................... $ 850.00 each Nylon Brush 16" and up ........................................... $ 850.00 each Videolog -Color Dual Camera ................................... $ 1200.00 Engineering Support and Pump Design .......................... $ 200.00 per hour Labor Fee Schedule to be adjusted annually at standard escalation rate of2% 241 South Arrowhead • San Bernardino, CA 92408 • Phone: (909) 888-7706 Fax: (909) 888-3653 License# 744742
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II!
___, TRICP-3 ~~'"·T
ACORD" CERTIFICATE OF LIABILITY INSURANCE I
DATE [MMIDO/YYYY)
I ~ 12/01/2022
THIS CERTIFICATE IS ISSUED AS A MATTER DF 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($), AUTHORIZED I REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE 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 and conditions of the policy, certain pollcles may require an endorsement A statement on this certificate does not confer ri"hts to the certificate holder In lieu of such endorsementrSt i PRODUCER 909-980-4211 lfoNr~cT Vicki Martinez I SIiverstone Insurance Services rt8."rl' .... ,,, 909.950-4211 I fi0a •• ,,909-980-4785 I Jetton & Associates, Inc POBOX1200 E-MAIL I RANCHO CUCAMONGA, CA 91729
INSURER'S' AFFORDING COVERAGE !I Robert O Young NAIC#
1NsURERA,Travelers lndemnl"' Comoanv 25658 !'
INSURED INSURERS: !
Tri County PumP. Company : 241 S Arrowheaa Ave INSURERC:

San Bernardino, CA 92408
INSURER 0: i
INSURER E: i
INSURERF: !
COVERAGE"' ~El>TIFICATE .,UMBER: l>EVISIO., NI IMBEr>: l,

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

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR TYPE OF INSURANCE l~~J)_L 1~_1,!~J POLICY NUMBER POLICY EFF POLICY EXP LIMITS i A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE ,. 1,000,000 7 CLAIMS-MADE [K) OCCUR X 630-9S13718A 12/05/2022 12/05/2023 DAMAGE TO RENTED I• 500,000 ~ MED EXP 'An"one ~arson'
'
5,000
~ PERSONAL & ADV INJURY $ 1,000,000
R'L AGGREGATE LIMIT APPLIES PER, GENERAL AGGREGATE ,. 2,000,000 POLICY [Kl ~r8-f □ LOC PRODUCTS· COMPJOP AGG I• 2,000,000 OTHER: Emp Ben. 1. 1,000,000
A ~TOMOBILE LIABILITY COMBlt,IEO SINGLE LIMIT
$ 1,000,000
~ ANY AUTO BA-9S139227 12/05/2022 - 12/05/2023 BOD!L Y INJURY I Per nersonl ' '

OWNED SCHEDULED
BODILY INJURY 'Per accident I $ ! '- AUTOS ONLY ~ AUTOS ~ll\-'l\'s ONLY ~Brai-mr~ ffe.9~dVnSAMAGE 1. ' ~ ~ I
• II
A ~ UMBRELLA UAB ROCCUR EACH OCCURRENCE • 5,000,00Q
EXCESS LIAB CLAIMS-MADE EX-9$154520 12/05/2022 12/05/2023 AGGREGATE $ 5,ooo,oog OED 7 l RETENTION$ 10,000 I• Follow Form
A WORKERS COMPENSATION X I ES~----- I l .9.JH· I !

AND EMPLOYERS' LIABILITY
LJ
UB-9S152907 12/05/2022 12/05/2023 1,000,oog AfN PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT $ OFFICER/MEMBim EXCLUDED? N/A 1,000,000 [Mandatory In N E.L. DISEASE-EA EMPLOYEc $ grs~~rt~~ i~PERATl"N,. below E.L. or--·50::.poucvuMIT . 1,000,00Q A Inland Marine 630-9S13718A 12/05/2022 12/05/2023 Lsd/Rentd 75,001 i DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If mora space Is required) The City of La Veme, ifs elected and appointed officials, emcloyees and/or i all:nts are additional Insureds with respects to general liabi ity per a ched.

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CERTIFICATE H01 D~" CANCEL' • T'"N
CITLA02

I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ! ACCORDANCE WITH THE POLICY PROVISIONS.

City of La Veme I
Jerry Mesa
AUTHORIZED REPRESENTATIVE 3660 'D' Street
Ww'-Ol/~
i
La Verne, CA 91750 i
' ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.< The ACORD name and logo are registered marks of ACORD :
1 June 19, 2023 City Council Agenda Packet
560
I
Policy No.: 630-9S13718A COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

XTEND ENDORSEMENT FOR TECHNOLOGY
This endorsement modlnes imsurdnce provided undtir the following:

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

A. Non-Owned Watercraft - 75 Feet Long Or Less
B. Who Is An Insured - Unnamed Subsidiaries
C. Who Is An Insured - Employees - SuperVisory
Positions
D. Who Is An Insured - Newly Acquired Or Formed
Limited Liability Companies
E. Who Is An Insured - Liability For Conduct Of
Unnamed Partnerships Or Joint Ventures
F. Blanket Additional Insured - Persons Or
Organizations For Your Ongoing Operations As
Required By Written Contract Or Agreement
G. Blanket Additional Insured -Broad Form Vendors
H. Blanket Additional Insured - Controlling Interest

PROVISIONS
A. NON-OWNED WATERCRAFT- 76 FEET LONG

OR LESS

1. The following replaces Paragraph (2) of
Exclusion g., Aircraft, Auto Or Watercraft,
In Paragraph 2. of SECTION I -

COVERAGES - COVERAGE A - BODILY

INJURY AND PROPERTY DAMAGE
LIABILITY:
(2) A watercraft you do not own that Is:
(a) 75 r~~l long ur less; and
(b) Not being used to carry any person or
property for a charge;

2. The following replaces Paragraph 2.e. of
SECTION II - WHO IS AN INSURED:
e. Any person or organization that, with your
express or Implied consent, either uses or
I. Blanket Addltlonal Insured - Mortgagees,
Assignees, Successors Or Receivers
J. Blanket Additional Insured - Governmental
Entities - Permits Or Authorizations Relating To
Premises
K. Blanket Additional Insured - Governmental
Entities - Permits Or Authorizations Relating To
Operations
L Medical Payments - Increased Limit
M. Blanket Waiver Of Subrogation
N. Contractual Liability - Railroads
o. Damage To Premises Rented To You
is responsible for the use of a watercraft
that you do not own that Is:
(1) 75 feet long or less; and
(Z) Not being used to carry any person or
property for a charge.

B. WHO IS AN INSURED - UNNAMED

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

Any of your subsidiaries, other then a partnership
or Joint venture, that Is not shown as a Named
Insured In the Declarations is a Named Insured if:
a. You are the sole owner of, or maintain an
ownership Interest of more than 50% In, such
subsidiary on the first day of the policy period;
and
b. Such subsidiary is not an Insured under
similar other Insurance.

CGD4170219 © 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 5 Includes copyrighted material of Insurance Services omce1 Inc. with lts permission. !1
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COMMERCIAL GENERAL LIABILITY
No such subsidiary Is an Insured for "bodily Injury"
or "property damage" that occurred, or •personal
and advertlslng Injury• caused by an offense
committed:
a. Before you maintained an ownership Interest
of more than 50% In such subsidiary; or
b. After the dale, If any, during the policy period
that you 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 will be
deemed to be designated In the Declarations as:
a. A limited liablllly company;
b. An organization other than a partnership, joint
venture or limited liability company; or
c. A trust;
as Indicated In its name or the documents that
govern Its structure.

C. WHO IS AN INSURED - EMPLOYEES -

SUPERVISORY POSITIONS
The following Is added to Paragraph 2.a.(1) of
SECTION II - WHO IS AN INSURED:

Paragraphs (1)(a), (b) and (c) above do not apply
to "bodily Injury" to a co-"employee" while In the
course of the co-"employee's" employment by you
arising out of work by any of your "employees"
who hold a supervisory position.

D. WHO IS AN INSURED - NEWLY ACQUIRED

OR FORMED LIMITED LIABILITY COMPANIES
The following replaces Paragraph 3. of SECTION
11-WHO IS AN INSURED:
3, Any organization you newly acquire or form,
other than a partnership or Joint venture, and
of which you are the sole owner or In which
you maintain an ownership Interest of more
than 50%, will qualify as a Named Insured If
there Is no other similar Insurance available to
that organization. However:
a. Coverage under this provision Is afforded
only:
(1) Until the 180th day after you acquire
or form the organization or the end of
the policy period, whichever Is earlier,
If you do not report such organization
in writing to us within 180 days after
you acquire or form it; or
(2) Until th.e end of the policy period,
when that date Is later than 180 days
after you acquire or form such
. organization, If you report such
organization In writing to us within
180 days after you acquire or form It;
b, Coverage A does not apply to "bodily
Injury" or "property damage" that occurred
before you acquired or formed the
organization; and
c. Coverage B does not apply to "personal
and advertising Injury" arising out of an
offense committed before you acquired or
formed the organization.

For the purposes of Paragraph 1. of Section II
- Who Is An Insured, each such organization
will be deemed to be designated In the
Declarations as:
a, A limited liability company;
b. An organization, other tfnm a pa1t11ership,
Joint venture or limited llabillty company;
or
c. A trust;
as indicated In' Its name or the documents
that govern Its structure.

E. WHO IS AN INSURED - LIABILITY FOR

CONDUCT OF UNNAMED PARTNERSHIPS OR

JOINT VENTURES
The following replaces the last paragraph of
SECTION II -WHO IS AN INSURED:

No person or organization Is an insured with
respect to the conduct of any current or past
partnership or joint venture that is not shown as a
Named Insured in the Declarations. This
paragraph does not apply to any such partnership
or Joint venturo Iha! othorwlsc qualifies os on
Insured under Section II - Who Is An Insured.

F. BLANKET ADDITIONAL INSURED - PERSONS

OR ORGANIZATIONS FOR YOUR ONGOING

OPERATIONS AS REQUIRED BY WRITTEN

CONTRACT OR AGREEMENT
The following is added to SECTION II - WHO IS
AN INSURED:

Any person or organization that Is not otherwise
an Insured under this Coverage Part and that you
nave agreed In a written contract or agreement to
Include as an additional Insured on this Coverage
Part Is an Insured, but only with respect to liability
for "bodily injury" or "property damage" that:
a. Occurs subsequent to the signing of that
contract or agreement; and
b. Is caused, In whole or In part, by your acts or
omissions In the performance of your ongoing
operations to which that contract or
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June 19, 2023 City Council Agenda Packet
562
agreement applies or the acts or omissions of
any person or organization performing such
operations on your behalf.

The limits of insurance provided to such Insured
will be the minimum limits that you agreed to
provide in the written contract or agreement, or
the limits shown in the Declaratlons, whichever
are less.

G. BLANKET ADDITIONAL tNSURED - BROAD

FORM VENDORS
The following Is added to SECTION ti - WHO IS
AN INSURED:

Any person or organization that Is a vendor and
that you have agreed In a written contract or
agreement to include as an additional Insured on
this Coveraoe Part is an insured, but only with
respect to llablllty for "bodlly injury" or 'property
damage" that:
a. Occurs subsequent to the signing of that
contract or agreement; and
b. Arises out of "your products'; that are
dlstrtbuted or sold In the regular course of
such vendo(s business. ·
"The insurance provided to such vendor is subject
to the following provisions:
a. The limits of insurance provided to such
vendor wlll be the minimum limits that you
agreed to provide In the written contract or
agreement, or the limits shown In the
Declaratlons, whichever are less.
b. The insurance provided to such vendor does
not apply to:
(1) Any express warranty not authorized by
you or any distribution or sale for a
purpose not authortzed by you;
(2) Any change In "your products" made by
such vendor;
(3) Repackaging, unless unpacked solely for
the purpose of inspection, demonstration,
testing, or the substitution of parts under
instructions from the manufacturer, and
then repackaged In the original container;
(4) Any failure to make such Inspections,
adjustments, tests or servicing as
vendors agree to perform or normally
undertake to perform in the regular
course of business, In connection with the
dlstrtbution or sale of "your products";
(6) Demonstration, installatlon, servicing or
repair operations, except such operations

COMMERCIAL GENERAL LIABILITY
performed at such vendo(s premises In
connection with the sale of "your
products"; or
(6) "Your products• that, after dlstrtbutlon or
sale by you, have been labeled or
relabeled or used as a container, part or
Ingredient of any other thing or substance
by or on behalf of such vendor.

Coverage under this provision does not apply to:
a. Any person or organization from whom you
have acquired "your products", or any
ingredient, part or container entering into,
accompanying or containing such products;
or
b, Any vendor for which coverage as an
additional insured specifically Is scheduled by
endorsement.

H. BLANKET ADDITIONAL INSURED

CONTROLLING INTEREST

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

Any person or organization that has financial
control of you Is an Insured with respect to
llablllty for "bodlly Injury'', "properly damage"
or "personal and advertising injury• that arises
out of:
a. Such financial control; or
b. Such person's or oroanlzation's
ownership, maintenance or use of
premises leased to or occupied by you.

The Insurance provided to such person or
organization does not apply to structural
alterations, new construction or demolition
operations performed by or on behalf of such
person or organization.

2. The following is added to Paragraph 4. of
SECTION II -WHO IS AN INSURED:

This paragraph does not apply to any
premises owner, manager or lessor that has
financial control of you.

I. BLANKET ADDITIONAL INSURED

MORTGAGEES, ASSIGNEES, SUCCESSORS

OR RECEIVERS
The following Is added to SECTION II - WHO IS
AN INSURED:

Any person or organization that is a mortgagee,
assignee, successor or receiver and that you
have agreed in a written contract or agreement to
include as ·an additional insured on this Coverage
Part is an Insured, but only with respect to its
CG D417 0219 @2017 The Travelers Indemnity Company. All rli;ihts reseived. Page 3 of 5 Includes copyrighted material of Insurance Services Office, Inc. with Its permission.

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June 19, 2023 City Council Agenda Packet
563
.;.;

COMMERCIAL GENERAL LIABILITY
llabllity as mortgagee, assignee, successor or
receiver for "bodily Injury'', "property damage" or
"personal and advertising Injury" that
a. Is "bodily ln]ul}'" or "property damage• that
occurs, or Is "personal and advertising Jnjul}'"
caused by an offense that Is committed,
subsequent to the signing or that contract or
agreement; and
b, Arises out of the ownership, maintenance or
use of the premises for which that mortgagee,
assignee, successor or receiver Is required
under that contract or agreement to be
Included as an additional Insured on this
Coverage Part.

The Insurance provided to such mortgagee,
assignee, successor or receiver Is subject to the
rolloWing provisions:
a. The limits of Insurance provided to such
mortgagee, assignee, successor or receiver
Will be the minimum limits that you agreed to
provide In the written contract or agreement,
or the llmlts shown In the Declarations,
whichever are less.
b, The Insurance provided to such person or
organization does not apply to:
(11 Any "bodlly injul}'" or "property damage•
that occurs, or any "personal and
advertising Injury'' caused by an offense
that is committed, after such contract or
agroomcnt Is no longer In effect; or
(2) Any "bodily injury'', "property damage• or
"personal and advertising lnjul}'" artslng
out of any structural alterations, new
construction or demolition operations
performed by or on behalf of such
mortgagee, assignee, successor or
receiver.

J, BLANKET ADDITIONAL INSURED

GOVERNMENTAL ENTITIES - PERMITS OR

AUTHORIZATIONS RELATING TO PREMISES
The following Is added to SECTION II - WHO IS
AN INSURED:

Any governmental entity that has Issued a permit
or authorization with respect to premises owned
or occupied by, or rented or loaned to, you and
that you are required by any ordinance, law,
building code or written contract or agreement to
Include as an additional insured on this Coverage
Part ls an Insured, but only with respect to liability
for
11 bodlly Injury", "property damage
11 or
11 personal
and advertising Injury'' arising out of the
existence, ownership, use, maintenance, repair,
construction, erection or removal of any of the
following for which that governmental entity has
Issued such permit or authorization: advertising
signs, awnings, canopies, cellar entrances, coal
holes, driveways, manholes, marquees, hoist
away openings, sidewalk vaults, elevators, street
banners or decorations.

K. BLANKET ADDITIONAL INSURED

GOVERNMENTAL ENTITIES - PERMITS OR
AUTHORIZATIONS RELATING TO OPER•
ATIONS
The following Is added to SECTION II - WHO IS
AN INSURED:

Any governmental entity that has Issued a permit
or authorization with respect to operations
performed by you or on your behalf and that you
are required by any ordinance, law, building code
or written contract or agreement to Include as an
additional insured on this Coverage Part Is an
Insured, but only with respect to liability for "bodily Injury", "property damage• or "personal and
advertising injury" arising out of 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 performed for the govenun~nlal
entity; or
b. Any "bodily Injury" or "property damage"
Included in the "products-completed
operations hazard'.

L. MEDICAL PAYMENTS - INCREASED LIMIT
The folloWing replaces Paragraph 7. of SECTION
Ill - LIMITS OF INSURANCE:

7. Subject to Paragraph 5. above, the Medical
Expense Limit Is the most we will pay under
Coverage C for all medical expenses
because of "bodily lnjul}'" sustained by any
one person, and will be the higher of:
a. $10,000; or
b. The amount shown In the Declarations of
this Coverage Part for Medical Expense
Limit.

M. BLANKET WAIVER OF SUBROGATION
The following Is added to Paragraph s., Transfer
Of Rights Of Recovery Against others To Us,
of SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS:

I[ the Insured has agreed In a contract or
agreement to waive that lnsured's right of
recovel}' against any person or organization, we

Includes copyrighted material of Insurance Services Office, Inc. with ltG permlsslon. .,,
June 19, 2023 City Council Agenda Packet
564
waive. our right of recovery against such person or
organization, but only for payments we make
because of:
a, "Bodily Injury" or. "property damage" that
occurs; or
b. "Personal and advertising Injury" caused by
an offense that Is commltted;
subsequent to the execution of the contract or
agreement.

N'. CONTRACTUAL LIABILITY - RAILROADS

1. The following replaces Paragraph c. of the
definition of "Insured contract• In the
DEFINITIONS Section:
c. Any easement or license agreement;

COMMERCIAL GENERAL LIABILITY

2. Paragraph f.(1) of the definition of "Insured
contract" In the DEFINITIONS Section Is
deleted.
0, DAMAGE TO PREMISES RENTED TO YOU
The following replaces the definition of "premises
damage" In the DEFINITIONS Section:
"Premises damage' means "property damage" to:
a. Any premises while rented to you or
temporarily occupied by you wilh permission
of the owner; or
b, The contents of any premises while such
premises Is rented to you, If you rent such
premises for a period of seven or fewer
consecutive days.

CG D417 0219 c 2017 The navele,. Indemnity Company. AD ~ghls reseived.

Includes copyrighted materlal or Insurance SeNlces Office, Inc, with hs permission.

I !
June 19, 2023 City Council Agenda Packet
565
This Agreement is entered into by and between Turbo Data Systems, Inc. (TDS) , a California Corporation, and the City of La Verne, (hereinafter collectively referred to as "Customer").

Whereas, TDS and the Customer desire to enter into an agreement whereby TDS will process parking citations and provide mobile ticketwriters for the Customer pursuant to the terms and conditions set forth herein.

In consideration of the mutual covenants, conditions, representations and warranties contained herein the parties hereby agree as follows:

1. PURPOSE. The purpose of this Agreement is for TDS to process parking citations and provide mobile ticketwriters for the Customer in a timely manner.

2. SCOPE OF SERVICES. When and as directed by the Customer, TDS shall perform the following services in processing all parking citations:

See Attached EXHIBIT A – SCOPE OF SERVICES

3. TERM. This agreement shall become effective for a period of five years, starting July 1, 2023 and ending June 30, 2028. This agreement may be renewed after that with written amendments signed by both parties.

4. CONSIDERATION. In consideration for services performed by TDS as provided in this agreement, Customer shall pay TDS pursuant to the terms set forth in Exhibit " B" CONSIDERATION, which is attached hereto and incorporated herein by this reference.

5. PAYMENT OF FEES. Charges determined on the basis set forth in Exhibit "B" shall be billed on a monthly basis in arrears and payment therefore shall be made within fifteen (15) days after submission of each separate invoice.

6. ACCOUNTING RECORDS. Records of the citations processed by TDS shall be available for examination by the Customer or its authorized representative(s) at a time agreeable to the Customer and TDS within one week following a request by the Customer.

7. TIME OF PERFORMANCE. Time is of the essence, and TDS shall perform the services required by this agreement in an exp editious and timely manner so as not to unreasonably delay the purpose of this agreement as set forth in Sections 1 and 2.

8. INDEPENDENT CONTRACTOR. At all times during the term of this agreement, TDS shall be an independent contractor and shall not be an employee of the Customer. The Customer shall have the right to control TDS only insofar as the results of TDS's services rendered pursuant to this agreement; however, Customer shall not have the right to control the means by which TDS June 19, 2023 City Council Agenda Packet
566
accomplishes the services rendered pursuant to this agreement.

9. FACILITIES AND EQUIPMENT. TDS shall, at its own cost and expense, provide all facilities and equipment that may be required for performance of the services required by this agreement.

10. INDEMNIFICA TION BY TDS. TDS agrees to defend, indemnify, hold free and harmless the Customer, its elected officials, officers, agents and employees, at contractor’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the Customer, its elected officials, officers, agents and employees arising out of the performance of the contractor, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the contractor, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence , errors, omissions or misconduct of the contractor, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the Customer , its elected officials, officers, agents and employees based upon the work performed by the contractor, its employees, and/or authorized subcontractors under this Agreement, whether or not the contractor, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.

Notwithstanding the foregoing, the contractor shall not be liable for the defense or indemnification of the Customer for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the Customer . This provision shall supersede and replace all other indemnity provisions contained either in the Customer ’s specifications or contractor’s proposal, which shall be of no force and effect.

11. INDEMNIFICATION BY CUSTOMER. TDS shall use due care in processing work of the Customer. Any errors shall be corrected by TDS at no additional charge to the Customer. TDS shall be entitled to reimbursement from the Customer for any expenses incurred by TDS for the correction of any erroneous information provided by the Customer and TDS shall not be responsible for Customers' losses and expenses resulting from erroneous source materials provided by the Customer. Neither party shall be liable to the other for any indirect or consequential losses or damages resulting from any errors within the scope of this Section 11.

12. FAIR EMPLOYMENT PRACTICES/EQUAL OPPORTUNITY ACTS. In the performance of this agreement, TDS shall comply with all applicable provisions of the California Fair Employment Practices Act (California Labor Code Sections (410 et seq.) and the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 200e 217), whichever is more restrictive.

13. AGENCY. Except as Customer may specify in writing TDS shall have no authority, expressed or implied, to act on behalf of the Customer in any capacity whatsoever as an agent. TDS shall have no authority, expressed or implied, pursuant to this agreement to bind Customer to any obligation whatsoever.

June 19, 2023 City Council Agenda Packet
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14. CHANGES IN LAW. Should there be any changes in the law applicable to the processing of parking citations which would require material changes in the method of the processing as contemplated in this agreement, or materially reduce or eliminate the amount of revenue received by the Customer from parking citations, this agreement shall terminate on the date such law becomes effective, provided either party gives sixty (60) days’ notice of termination. Any changes in the processing of parking violations as a result of changes in the law or DMV regulations affecting such violations, which do not materially add to the cost of processing such citations by TDS shall be implemented by TDS at the request of the Customer, provided however, that the cost of such implementation does not exceed the fe e paid to TDS for performing such services. If any such change results in the cost of processing citations exceeding the amounts provided for in Section 4 and the Customer declines to amend this agreement to provide for the payment of such increased costs, the agreement shall terminate as of the effective date of the change in the law or regulations.

15. OWNERSHIP OF SOFTWARE. Customer acknowledges that the software and software programs used by the Customer or used for the Customer's benefit which were developed by TDS are the sole property of TDS and the Customer obtains no right or interest in the software by virtue of this agreement.

16. OWNERSHIP OF DOCUMENTS. All citations, electronic and handwritten; reports; electronic storage media; and other documents, including copies and reproductions assembled or prepared by TDS or TDS’ agents, officers, or employees in connection with this Agreement, shall be the property of the Customer and shall be delivered to the Customer upon either the completion or termination of this Agreement.

17. FORCE MAJEURE. Neither party shall be responsible for delays or failure in performance resulting from acts beyond the control of such parties. Such acts shall include, but are not limited to, Acts of God, strikes, riots, acts of war, epidemics, fire, communication line failure, earthquakes or other disasters.

18. TERMINATION. This agreement may be terminated by either party upon ninety (90) days written notice. At such time, TDS agrees to provide Customer, in computer readable form, a copy of all data files to service its citations.

19. NOTICE. Whenever it shall be necessary for either party to serve notice on the other respecting this agreement, such notice shall be served by certified mail addressed to:

TDS: Turbo Data Systems, Inc.
1551 N Tustin Avenue Suite 950
Santa Ana CA 92705
Roberta J. Rosen, President
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CUSTOMER: City of La Verne
2061 Third Street
La Verne CA 91750
Captain Gonzalez

unless and until different addresses may be furnished in writing by either party to the other, and such notice shall be deemed to have been served within seventy -two (72) hours after the same has been deposited in the United States Post Office by certified mail. This shall be valid and sufficient service of notice for all purposes.

20. EXTENT OF AGREEMENT. This agreement represents the entire and integrated agreement between Customer and TDS and supersedes any and all prior negotiations, representations or agreements, either written or oral. This agreement may be amended only by written instrument signed by both Customer and TDS. This agreement may only be assigned with the express written consent of each of the parties hereto. In the event that any provision hereof is deemed to be illegal or unenforceable, such a determination shall not affect the validity or enforceability of the remaining provisions hereof, all of which remain in full force and effect.

21. LITIGATION COSTS. If any legal action or any other proceeding is brought to enforce the terms of this agreement, or because of an alleged dispute, breach, or misrepresentation in the connection with any of the provisions of this agreement, the successful or prevailing party or parties shall be entitled to recover their reasonable attorneys' fees and other costs incurred in that action or proceeding, including the costs of appeal in addition to any other relief to which it or they may be entitled.

22. INSURANCE. TDS, at its own cost and expense, shall carry, maint ain for the duration of the Agreement, and provide proof thereof that is acceptable to Customer the insurance specified in this Agreement is satisfactory in all respects to Customer. TDS shall procure and maintain 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 TDS, its agents, representatives, employees, or subcontractors. The limits of liability specified in this Section may be provided by any combination of primary and umbrella/excess liability insurance policies.

Minimum Limits of Insurance
TDS shall maintain limits no less than: General Liability: $ 1,000,000 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, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Employer's Liability: $1,000,000 per accident for bodily injury or disease.

June 19, 2023 City Council Agenda Packet
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ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to Customer.

Verification of Coverage
TDS shall furnish certificates of insurance evidencing all the coverage required above, naming the Customer as additional insured. All required information is to be mailed to the address shown in the NOTICE section of the Agreement.

23. EFFECTIVE DATE OF THIS AGREEMENT. This agreement, made in duplicate, shall be effective from and after July 1, 2023.

Executed on this ___ day of ______________________, 2023.

CITY OF LA VERNE

By:__________________________

Name/Title:___________________

Date:________________________

TURBO DATA SYSTEMS, INC.

By:______________________
Roberta J. Rosen
President
June 19, 2023 City Council Agenda Packet
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EXHIBIT “A”

SCOPE OF SERVICES

TDS shall perform the following services in processing all parking citations:

A. Basic Processing – TDS will enter manual citations and citation dispositions into Customer’s database within 2 business days. The basic service includes database maintenance, daily system backups, toll- free phone number for the public, Interactive Voice Response System (IVR S) with customized recorded information and citation lookup capability, pticket.com web-based Inquiry System for the public with customized content, Customer Service Representatives (8:00 am – 5:00 pm, Monday through Friday, excluding holidays) to speak with the public regarding parking citation issues, ongoing Client support, and documentation and training for use of the TDS-provided online system.

B. Handheld Ticket writer Interface - TDS will provide for automated import of electronic citations into Customers database within 1 business day. TDS will maintain and update the hot sheet or scofflaw files on a daily basis for Customer to upload into their handheld ticket writers. TDS will work with Customer to implement any changes required for handheld ticket writer equipment.

C. System and Document Storage - Citations paid or dismissed will be retained on the computer system for 3 years and then removed. Unpaid citations will be retained on the computer system for 5 years and then removed. Citation documents will be stored for 2 years from date of issue and then returned to Customer or shredded. Payment documents will be stored for 2 years from the date of payment and then returned to Customer or shredded.

D. Online Reporting - Provide monthly reports online indicating the status of all citations, such reports to be available for Customer access no later than the thirtieth (30th) day of the following month.

E. DMV Interface for Registered Owner Name Retrieval - Attempt to obtain names and addresses of registered owners of cited vehicles for those citations that have not been cleared prior to their notice generation date.

F. Notice Processing - Print the required Notice and mail to each registered owner whose name has been retrieved within 10 to 21 days after the citation has been issued. Includes second notices mailed for bounced checks, partial payments, and name or address changes. The notice date shall be extended whenever there is an unusual delay in delivery of information or citations to TDS. All postage, notice forms and envelopes will be provided by TDS.

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G. DMV Interface for Placing Registration Holds - Transmit a Notice of Delinquency to the California DMV for vehicles with California license plates after a Notice of Violation has been mailed to the registered owner and TDS has not received notification that the citation has been cleared. This Notice of Delinquency will be transmitted to the California DMV within 2 business days after the date specified by the Customer to be the DMV Date.

H. DMV Interface for Releasing Registration Holds - Transmit a Notice to the California DMV that a Notice of Delinquency has been cleared within 2 business days after TDS has received notification of clearance.

I. DMV Interface for Monthly Payment File – Receive payment file from DMV as available (currently monthly) and update DMV transactions into Customers database, providing reporting for reconciliation purposes.

J. Delivery Service – Manual citations will be mailed or scanned to TDS by Customer at their own expense. TDS reports will be provided online. TDS will return any required documents via UPS and/or US Mail.

K. Collection and Payment Processing - TDS will provide the following collection and payment processing services for Customer:
• Provide P. O. Box where payments are mailed
• Courier pickup from P. O. Box daily
• Open all mail
• Verify payment amounts and record on computer system within 2 business days (48 hours) • Respond to reasonable non-judicial public inquiries by phone and mail • Return questionable mail to Customer for decision
• Make bank deposits to Customer bank account using check scanning • Verify amounts deposited, by citation number
• Provide toll-free number for citizen inquiries
• Provide weekly reports for bank statement reconciliation • Provide monthly Paid Citation Distribution Report for Customer to make surcharge payments to the County
• Scan checks and deposit parking funds (remote deposits) into Customer’s bank account.

Checks never leave our facility. Check scanning hardware and software is provided by Customer for its specific banking requirements.
• Contractor does not charge for remote deposits; however, the financial institution may charge a fee, which is the responsibility of the Customer. • Customers not set up for bank check scanning will incur additional courier fees.

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L. Out of State Citations - TDS shall process citations for non-California license plates by entering the citation information into the system database and reporting them along with all other citations on the database with the standard reports. If they become delinquent, requests for registered owner information will be sent to the appropriate out-of-state DMV. The Notice of Intent will be generated to the registered owner and the fine amount requested. TDS will incur all costs for out of state name retrieval, including out-of-state DMV fees and charges. TDS will receive payment from Customer based on the amount of revenues collected from out-of-state citations after the Notice of Intent has been issued. This amount will be billed monthly for the prior months' receipts (as determined from our database and/or reports). Payments collected via credit card will also incur credit card fees.

M. IVR and Web Payment Systems - Payment by Credit Card - Through the Interactive Voice Response (IVR) System, and through the pticket.com web site, we accept credit card payments via Visa, MasterCard and Discover. The systems authorize each transaction while the caller is on the phone or online . Customers are given an authorization number or email confirmation to confirm their charge. The IVR system and the pticket.com web payment system both automatically update the citation database with the payment immediately. Credit Card monies are paid to a Turbo Data Systems bank account and are reconciled monthly. Each customer receives their own credit card postlog which shows in detail which citations were paid and for what amount, along with the deposit slip from the bank or the ACH deposit email showing that these funds have been deposited into the customer’s account. Should there be any charge backs to a merchant account, the funds are pulled directly from the Turbo Data master account and the citation will be reactivated, much like a bounced chec k. The violator will be sent a notice and will then proceed to DMV hold. TDS will provide all services regarding reconciliation, reactivation of charge backs, etc. Customer will not be involved in the daily processing.

N. Administrative Adjudication Process ing - TDS will provide for the processing of requests for contesting citations, allowing for Customer processing of administrative reviews, tracking and monitoring all relevant dates on an automated system, mailing timely notification to respondents regarding the status of their claims, and scheduling of administrative hearings. All Administrative Adjudication information entered into the system is done in real time and is linked to existing database information to ensure proper tracking of relevant dates, mailing names and addresses and other pertinent information. Administrative Review requests will be entered within 2 business days of receipt.

Adjudication documents will be stored for 2 years from their activity date and then shredded.

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O. Paperless Appeals (eAppealsPRO & Scanning) – TDS will provide online appeal capability for the public to appeal their c itations online. TDS will provide the scanning of all mailed -in appeal documents and electronic storage of those documents. TDS will provide an online application to access the appeals, which will be searchable and sortable. TDS will keep an electronic his tory of processed appeals for at least two years.

P. Online Inquiry Access for Customers’ Staff - Access includes online access 24 hours a day, 7 days a week for Agency personnel to inquire on Customer’s database. This access includes citation inquiry (includes citation status, history status, administrative adjudication status, notes, etc.), the ability to enter and view notes, post dismissals/payments, view daily deposits made at TDS’ facility and view daily file transfers sent from the handheld ticket writer software and received at TDS’ facility. TDS’ technical staff will provide support. TDS will provide a real-time secured high -speed connection to the citation database through the Customers' Internet connection.

Q. Additional Notices– TDS will mail Other Correspondence as required for processing.

R. ICS Collection Service – Special Collections - Outstanding citations (DMV No-Holds or DMV Transfer of Ownership Releases or Non- California plates) and any other citations deemed as delinquent citations by Customer are transferred into the ICS system on a weekly basis. Up to two collection letters will be mailed for each ICS account requesting payment. Payments are processed daily and deposited to the Customer’s regular citation processing bank account. The TDS Custom er Service Center will handle all ICS related calls through a special toll-free number dedicated to ICS accounts.

Monthly reporting shows all accounts moved to the ICS system and all payments received due to ICS efforts.

S. Franchise Tax Board Offset Program – TDS will combine citations by license number for total amount due, eliminate corporate names, retrieve SSN’s by name from a 3rd party, combine accounts by SSN, mail required FTB letters in advance of placing accounts at FTB, process payments generated by the FTB process, receive phone calls generated by the FTB process, provide all systems and operational procedures required for the FTB process, and provide complete reporting and reconciliation for the FTB process. Customer will be required to complete re quired FTB paperwork and forms (with TDS’ assistance), establish a SWIFT account with the FTB, and provide whatever assistance may be required to work with the FTB regarding the FTB process.

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T. Payment Plans - The Contractor will have a payment plan system in place to comply with all legislation. The plan will allow for waivers, when necessary, for indigent and non -indigent individuals. Plan requests will be submitted to the Customer for review/approval/denial. The Contractor will mail correspondence to let the applicant know the status of their payment plan application and other details. Payment Plans allow the agency to waive fees for indigent persons, adjust the length of the plan and set minimum payments due. If a plan defaults prior to full payment, the system automatically resumes the citation process (DMV, Collections, etc.). The Contractor will provide customized agency specific information for indigent payment plans on pticket.com.

U. Bank Account Management (optional)
TDS will open a trust account in the name of the Agency to receive parking deposits for all parking citation monies. TDS will handle any NSF checks from this account and reactivate the citations. TDS will process any required refund checks. TDS will send a, monthly surcharge check to the county based on reporting. TDS will pay their own invoice monthly and write a check to the Agency monthly for the balance of the funds. TDS will reconcile the account monthly and provide documentation to Agency of reconciliation.

V. Handheld Ticketwriters – ticketPRO Magic
TDS will provide ticketPRO Magic Units (phones and printers) and citations and envelopes as required at the pricing then in effect. TDS will provide maintenance and support for the Automated Citation Issuance System and the Field Units. RemoteConnect Support for devices while in the field.

TDS will provide a data plan with unlimited voice/text messaging for field units. Software upgrades as newer versions become available. Support via email for support requests and for reporting software/hardware issues.

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EXHIBIT “B” - CONSIDERATION

Basic Processing Services $ 1.27 per citation
Includes first notice
$300 minimum in basic processing services required

Notice Processing Services $1.30 per notice
Final Notices, DMV Hold Letters, Other Correspondence

Out of State Processing 35% of amount collected

Administrative Adjudication Letters $ 1.73 per letter mailed

Paperless Appeals (eAppeals PRO) included with Administrative Adjudication

Credit Card Payment Processing $3.95 Fee Paid by Violator

Special Collections ICS 35 % of amount collected

FTB Interagency Processing (optional) $2.50 per letter + 15% of amount collected

Payment Plan Processing $10 per payment plan
Payment Plan Letters $1.13 per letter mailed

Courier Services for Banking $200 per month (not applicable if scanning checks to your account or a bank
management customer)

Fee Increases:

Postal Rate Increase Offset – Fees will increase immediately to offset the amount of any postal increase.

Annual CPI Increase – Fees will increase according to the CPI for each 12-month period.

TicketPRO Magic with 4G Comm Package
includes Smartphone and Printer, Communications and Support Recurring Monthly Fees 2 units @ $190 each = $380

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EXTENSION OF AGREEMENT
THIS EXTENSION OF AGREEMENT, made and entered into
by and between the City of La Verne, a municipal corporation and West Coast Arborists, Inc. for tree maintenance services.

The parties agree as follows:

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

2. All of the remaining terms and provisions of the AGREEMENT between the City of La Verne and West Coast Arborists, Inc. dated July 1, 2013 (Exhibit A) and the updated Fee Services Schedule ( Exhibit B) for one year 2023-2024 are hereby reaffirmed.

Dated:

ATTEST:

Lupe Gaea Estrella, CMC
Assistant City Clerk

CITY OF LA VERNE
Mayor Tim Hepburn
WEST COAST ARBORISTS, Inc.

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Schedule of Compensation for Year 2023 - 2024
Tree Maintenance Services performed by WCA, Inc.

Item Description
1 Grid Pruning 0-3 DSH
2 Grid Pruning >3 DSH
3 Svc Rqst Pruning 0-3 DSH
4 Svc Rqst Pruning 4-12 DSH
5 Svc Rqst Pruning 13-18 DSH
6 Svc Rqst Pruning 19-24 DSH
7 Svc Rqst Pruning 25-30 DSH
8 Svc Rqst Pruning >31 DSH
9 Coco Palm Pruning
10 Washingtonia Pruning
11 Date Palm Pruning
12 Palm Skinning
13 Tree & Stump Removal
14 Tree Only Removal
15 Stump Only Removal
16 Plant 15 Gallon Tree
17 Plant 24" Box Tree
18 Plant 36" Box Tree
19 Root Pruning
20 Root Barrier Installation
21 Small Tree Care
22 GPS Tree Inventory
23 Specialty Equipment Rental - excludes operator
24 Arborist Services
25 Crew Rental
26 Emergency Response

CITY OF LA VERNE
Unit Proposed Prices
Each $25.00
Each $105.00
Each $25.00
Each $70.00
Each $115.00
Each $145.00
Each $170.00
Each $255.00
Each $35.00
Each $55.00
Each $125.00
Foot $12.00
Inch $39.00
Inch $25.00
Inch $13.00
Each $165.00
Each $295.00
Each $800.00
Foot $10.00
Foot $10.00
Man Hour $85.00
Each $2.60
Hour $110.00
Man Hour $110.00
Man Hour $85.00
Man Hour $110.00
The proposed rates reflect a cost adjustment to help offset the rise in operating costs including fuel and labor .

Printed on 5/15/2023 1:1515 PM Page 1 of 1
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• •

AGREEMENT FOR TREE MAINTENANCE SERVICES
(West Coast Arborists, Inc.)
THIS AGREEMENT is made and entered into this --1.fil_ day of July 2013, by and between the CITY OF LA VERNE, a municipal corporation ("CITY") and WEST COAST ARBORISTS, INC., a California corporation, State Contractor's License No. 366764 ("CONTRACTOR") with reference to the following facts:

A. CONTRACTOR has been providing tree maintenance services to the City of La Verne since 2002 and the contract expired June 30, 2013. On or about June 3, 2013 the City of La Verne City Council approved a new proposal for municipal tree maintenance from CONTRACTOR for the fiscal years 2013-2014 through 2018-2019.

B. CITY has also determined that CONTRACTOR is qualified to perform the maintenance services for trees as required by CITY, including trimming, pruning, planting and removing such trees; and due to the need to immediately provide this service, it is in CITY'S best interest to enter into a contract with CONTRACTOR for the prices, terms and conditions as CONTRACTOR offers.

NOW, THEREFORE, incorporating the above recitals, CITY and CONTRACTOR mutually agree as follows:

1. TERM
A. The term of this Agreement shall commence as of July I , 20 I 3, and continue through June 30, 2014 ("Initial Term"), with an option authorizing the Director or his/her representative to continue said agreement up to five years on the same terms and conditions as prescribed in this Agreement, subject to any change in the rate of compensation to be paid to CONTRACTOR as hereinafter provided in Paragraph 4. If CITY desires to exercise its renewal option after the fifth year, CITY shall advise CONTRACTOR in writing of its intent to extend the Agreement by not later then May 1st of the term then expiring. If CONTRACTOR desires to adjust the rates as set forth in the then current Schedule of Compensation for such extension period, CONTRACTOR shall give CITY written notice of such adjustment by May 15th of the fifth year. If CONTRACTOR gives notice of any adjustment in the Schedule of Compensation, CITY may then rescind the exercise of its option, provided, however, written notice of such rescission must be issued by CITY to CONTRACTOR no later than June I st of the term then expiring.

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B. The CITY, at its option and with CONTRACTOR concurrence, may renew this contract for additional five year periods, in one-year increments, on the same terms and conditions as provided herein. This option may be exercised only if the CONTRACTOR demonstrates superior performance in the provision of tree maintenance services during the prior five year contract term. If CITY gives notice of its intention to extend the Agreement for an additional year as provided for above, CONTRACTOR may adjust the Schedule of Compensation by an amount not to exceed the increase (or decrease) represented in the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index for All Urban Consumers for the Los Angeles-Anaheim-Riverside Standard Metropolitan Statistical Area ("Index") for March of the term then expiring from the Index for March one year prior thereto.

2. CONTRACT OPTIONS
A. For the purpose of this Agreement, CITY has adopted CONTRACTOR's Proposal, including therein Attachment A entitled "Scope of Services" and Attachment B entitled "Schedule of Compensation". This Agreement (including Attachment A and Attachment B), and the proposal from CONTRACTOR together constitute the complete contract (the "Contract Documents").

B. Attachment A to this Agreement and the Proposal submitted by CONTRACTOR to the City of La Verne ("Proposal") will control the general provisions, materials, and methods for performance of this Agreement; provided, however, the provisions of Attachment A shall take precedence over any conflicting provisions in the Proposal.

C. The Contract Documents are complementary, and what is called for by any one document shall be as binding as if called for by all. Any conflict between this Agreement and the proposal shall be resolved in favor of this Agreement.

3. SERVICES TO BE PERFORMED BY CONTRACTOR. Attachment A entitled "Scope of Services" is attached hereto and incorporated herein by this reference. In consideration for the compensation as hereinafter set forth, CONTRACTOR shall perform the services described in Attachment A, including the provision of all labor, materials, tools, equipment and transportation services required by and in strict conformance with the Contract Documents.

4. COMPENSATION AND PAYMENT TO CONTRACTOR
A. City shall pay CONTRACTOR a sum not to exceed the budgeted amount for the services rendered in conformance with standards set forth in the Contract Documents during the period commencing July I , 20 I 3, through June 30, 2014. Payment shall be made in accordance with the Schedule of Compensation attached hereto as Attachment B, and incorporated herein by the reference.

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8. CONTRACTOR shall submit an itemized written invoice to CITY not more often than bimonthly setting forth the work performed and the rates charged in accordance with the Schedule of Compensation set forth in Attachment 8 . Each billing shall include both a listing of completed work by address and tree species and inventory data acceptable to CITY.

The listing will be provided by written report and computer diskette.

C. CITY shall make payments to CONTRACTOR within thirty (30) days of receiving such monthly invoice for work satisfactorily performed, unless CITY disputes the amount CONTRACTOR claims is owed under this Agreements.

D. CONTRACTOR shall not be reimbursed for any disposal fees or other expenses unless authorized in writing by CITY.

5. RECORDS . CONTRACTOR shall keep records and invoices in connection with its work to be performed under this Agreement. CONTRACTOR shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. CONTRACTOR shall allow a representative of CITY during normal business hours to examine, audit and make transcripts or copies of such records.

CONTRACTOR shall maintain and allow inspection of all work, data , documents, proceedings and activities related to the Agreement for the period of three (3) years from the date of final payment under this Agreement.

6. EXTRA WORK . Any changes from the services described in Attachment A or additional work not contemplated by the Agreement shall require the written direction and authorization of the CITY.

7. STANDARD OF CARE. All of the work shall be performed by CONTRACTOR or under CONTRACTOR ' S supervision. CONTRACTOR represents that CONTRACTOR employs the professional and technical personnel required to perform the services required by the Contract Documents , and CONTRACTOR possesses appropriate field equipment to perform all services, and that CONTRACTOR will perform all services in a manner commensurate with the ASNI-A300-1995 Pruning standards and any later amendments , and the Quality Control Plan contained in the Proposal. All services shall be performed by qualified and experienced personnel who are not employed by CITY nor have any contractual relationship by CITY.

CONTRACTOR shall be responsible to CITY for any errors or omissions in the performance of this Agree~ent. CONTRACTOR represents and warrants that CONTRACTOR will keep in effect all licenses, permits, and other approvals required to perform the described services during the term of this Agreement, including any extensions thereto.

8. CITY'S RESPONSIBILITIES. CITY shall furnish to CONTRACTOR, maps, data and other existing information describing the trees which are subject to the services to be performed by CONTRACTOR . CITY further agrees to provide all such materials in a timely manner so as not to cause delays in CONTRACTOR 's work schedule.

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9. COOPERATION. CONTRACTOR agrees to work closely and cooperate fully with City staff assigned by the Director to work with CONTRACTOR and other agencies which may have jurisdiction or interest in the work to be performed.

I 0. CONTRACTOR MANAGER. CONTRACTOR shall assign a Contract Manager to the work to be performed hereunder, which Contractor Manager shall coordinate all services to be performed. This Contract Manager shall coordinate all services to be performed. This Contract Manager shall be available to CITY at all times. CONTRACTOR shall provide the Director of the name, address, and telephone number of the Contractor Manager, upon execution of this Agreement. If the Contract Manager is changed by CONTRACTOR, CONTRACTOR shall immediately give notice to the CITY, the name, address, and telephone number of the new Contract Manager.

11. ADMINISTRATION. This Agreement will be administered on behalf of CITY by the Parks Department. The Director or the designee shall be considered the Administrator and shall have the authority to act for CITY under this Agreement. The Administrator shall represent CITY in all matters pertaining to the services to be rendered pursuant to this Agreement.

12. CITY POLICY. CONTRACTOR will discuss and review all matters relating to policy and contract direction with the City's designee, in advance of all critical decision points in order to ensure that the services are performed in a manner consistent with CITY goals and policies.

13. TIME OF PERFORMANCE. Time is of the essence of this Agreement.

14. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting whether any delay is excusable, or its duration, or the value of the work done, or of any work omitted, or of any extra work which CONTRACTOR may be required to do, or respecting any payment to CONTRACTOR during the performance of the Agreement, such dispute shall be decided by the CITY, and the decision of the Director shall be final and binding upon CONTRACtOR and the sureties of CONTRACTOR.

15. OFFSETS . CONTRACTOR acknowledges and agrees that with respect to any business tax or penalties thereon, utility charges, invoiced fee or other debt which is owed or which becomes due to CITY by CONTRACTOR, CITY reserves the right to withhold and offset said amounts from such payments or refunds or reimbursements owed by the CITY to CONTRACTOR under this Agreement. Notice of such withholding and offset shall promptly be given to CONTRACTOR by CITY in writing. In the event of a dispute as to the amount owed or whether such amount is owed to CITY, CITY will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved.

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e

16. INDEPENDENT PARTIES. CITY retains CONTRACTOR on an independent contractor basis, and CONTRACTOR acknowledges and agrees that CONTRACTOR is not an employee of CITY. The manner and the means of conducting the work are under the control of CONTRACTOR, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement, including Attachment A and the Proposal. No civil service status or other right of employment with CITY will be acquired by virtue of CONTRACTOR's services, either by CONTRACTOR or CONTRACTOR's employees. None of the benefits provided by CITY to its employees, including but not limited to unemployment insurance, workers' compensation, vacation or sick leave are available from CITY to CONTRACTOR, its employees or agents. Deductions shall not be made by CITY for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due CONTRACTOR. Payments of the above items, if required, are the responsibility of CONTRACTOR and not of the CITY.

17. IMMIGRATION REFORM AND CONTROL ACT OF 1986. The
CONTRACTOR shall comply with the provision of the Immigration Reform and Control Act of 1986, Public Law 99-603. The CONTRACTOR SHALL provide and CITY written documentation certifying compliance with Public Law 99-603 within ten days of the CITY'S request.

18. COMPLIANCE WITH LABOR CODE. CONTRACTOR is aware of and stipulates that CONTRACTOR will also comply with the following sections of the California Labor Code:

A. Section 1773.8 requiring payment of travel and subsistence pay B. Section 1775 prescribing sanctions for failure to pay prevailing wage rates C. Section 1776 requiring the making, keeping and disclosing of detailed payroll records and describing sanctions for failure to do so D. Section 1777.5 prescribing the terms and conditions for employing registered apprentices
E. Section 1810 providing that eight hours of labor shall be day's work; and F. Section 1813 prescribing sanctions for violations of the provisions concerning eight hour work day and forty hour work weeks.

19. WORKERS COMPENSATION. By executing this Agreement, CONTRACTOR certifies that CONTRACTOR is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation or to undertake self-insurance before commencing any of the Work.

CONTRACTOR shall comply with Labor Code Section 1861 by signing and filing the workers' compensation certificate with the City Clerk of CITY.

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20. INDEMNIFICATION. Except for CITY's negligence or willful misconduct, CONTRACTOR shall indemnify and hold CITY ans CITY's officers and employees hannless from all damages, costs and expenses, including attorneys' fees, in law or equity that may at any time arise or be set up because of damages to property or person injury, including death, suffered by reason of, or in the course of performing, the services under this Agreement work and caused by any willful or negligent act or omission committed by CONTRACTOR or any of CONTRACTOR's employees, subcontractors or agents. The parties expressly agree that any payment, attorney fee, cost or expense CITY incurs or makes to or on behalf of an injured employee under its self-administered Workers' Compensation program are included as a loss, expense or cost for the purposes of this paragraph. The provisions of the paragraph shall survive the expiration or early termination of the Agreement.

21. INSURANCE. Prior to CITY's execution of this Agreement, CONTRACTOR shall secure, and shall thereafter maintain until completion of the Agreement, such public liability and property damage insurance as shall protect CONTRACTOR from claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from or which may concern operations under the Agreement, whether such operations be by or on behalf of CONTRACTOR, any subcontractor or anyone directly or indirectly employed by, connected with or acting for or on behalf of any of them. The CONTRACTOR shall obtain at its own cost, prior to commencing work on the contract and maintain for the period covered by the contract a policy of liability insurance naming the CONTRACTOR, his employees, the CITY, its officers and employees as insured. Refer to Section 7-3 of the AGC/AWPA Standard Specifications for details.

The Coverage shall provide the minimum limits:

Bodily injury .......... $1,000,000 each occurrence
Property damage... . $1,000,000 each occurrence
Policies or certificates of insurance shall be filed with CITY and shall include CITY as an additional insured. The policy or policies shall be in the usual form of public liability insurance, but shall also include the following provisions :

Solely as respects work done by and on behalf of the named insured for the City of La Verne, it is agreed that the City of La Verne and its officers and employees are added as additional insured under this policy.

The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to CITY by certified or registered mail.

22. BONDS. CONTRACTOR shall furnish, concurrently with the execution of the Agreement, with a surety bond in an amount equal to one full year's compensation to CONTRACTOR as security for the faithful perfonnance of the Agreement and a surety bond in that same amount as security for the payment of all persons perfonning labor and furnishing materials in connection with this Agreement. Both bonds shall be subscribed by a corporate surety which is authorized to transact surety insurance business in the State of California.

Should any bond or surety become insufficient, CONTRACTOR shall furnish CITY a new bond within ten (I 0) da~s after receiving notice from CITY. No payments will be due or paid under the Agreement untrl any and all deficiencies have been remedied.

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23. CONFLICTS OF INTEREST.

A. CONTRACTOR or the employees of CONTRACTOR may be subject to the provisions of the California Political Reform Act of 1974 (the "A_CT"), which (I) requires such persons to disclose financial interest that my foreseeable be matertall~ affected ~y_the_wo~k performed under this Agreement, and (2) prohibits such person from makmg, or part1c1patt~g m making decisions that will foreseeable financially affect such interest. If so required, CONTRACTOR will provide a completed disclosure form noting the above.

B. If subject to the Act, CONTRACTOR shall conform to all requirements of the Act. Failure to do so constitutes a material breach of this Agreement, and is grounds for termination by CITY. CONTRACTOR shall indemnify and hold harmless CITY for any claims for damages resulting from CONTRACTOR's violation of this paragraph.

24. NONDISCRIMINATION. Except as provided in Section 12940 of the California Government Code, during CONTRACTOR's performance of this Agreement, CONTRACTOR shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, martial status, sex or sexual orientation in the selection and retention of employees and subcontractors and the procurement of materials and equipment. Such nondiscrimination shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. CONTRACTOR shall also conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement.

25. PROHIBITION AGAINST TRANSFERS. CONTRACTORS may not assign any right or obligation of this Agreement or any interest in this Agreement without the prior written consent of CITY. Any attempted or purported assignment without the consent of CITY shall be null and void at the sole option of CITY. CONTRACTOR may not employ any subcontractors unless specifically authorized by CITY. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of CONTRACTOR, or of the interest of any general partner or joint venture which shall result in changing the control of CONTRACTOR, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power, or twenty-five percent (25%) OR MORE OF THE ASSETS OF THE CORPORATION, PARTNERSHIP OR JOINT VENTURE.

26. CONFIDENTIALITY. The information which results form the services in this Agreement is to be kept confidential unless the release of information is authorized by the CITY.

27. NOTICES. All notices, demands, requests or approvals to be given under this Agreement mu~t be given in writing and shall be deemed served when delivered personally or on the second busmess day after the deposit thereof in the United States mail, postage prepaid and addressed as follows:

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CITY
Daniel W. Keesey, Director
Public Works Department
3660 D Street
La Verne, CA 91750

CONTRACTOR
Victor Gonzalez, Vice President, Marketing
West Coast Arborists, Inc.
2200 East Via Burton Street
Anaheim, CA 92806

28. VENUE. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Orange, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county.

29. COST OF LITIGATION. If any legal action is necessary to enforce any provision of this Agreement, or for damages by reason of any alleged breach of any provisions of this Agreement, the parties agree that the court with jurisdiction over the action may determine and fix reasonable attorneys' fees and expenses to be paid to the prevailing party.

30. WAIVER. A WAIVER by CITY of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or of a different character.

31. COMPLIANCES. CONTRACTOR represents that CONTRACTOR is familiar with and shall comply with all laws, state or federal, and all ordinances, rules and regulation enacted or issued by CITY which are applicable to the performance of services under this Agreement.

32. TERMINATION.

A. In the event CONTRACTOR fails or refuses to timely perform any of the prov1s1ons of this Agreement in the manner required, or if CONTRACTOR violates any provisions of this Agreement, CONTRACTOR shall be deemed in default. If such default is not cured within a period of two (2) working days, or if more than two (2) working days are reasonably required to cure the default and CONTRACTOR fails to give adequate assurance of due performance within tow (2) working days after CONTRACTOR receives written notice of default from CITY, CITY my terminate the Agreement forthwith by giving written notice.

B. The CITY or the CONTRACTOR may cancel this contract or any portion thereof at any time during the term of the service and such cancellations shall be effective upon giving thirty (30) days written notice to the other party.

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33. CITY's RIGHT TO EMPLOY OTHER CONTRACTORS. City reserves the right to employ other contractors in connection with this project.

34. INTEGRATED CONTRACT. This Agreement represents the full and complete understanding of every king or nature whatsoever between the parties and all preliminary negotiations and agreements of whatsoever kind or nature are merged in this Agreement. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modifications of this Agreement will be effective only if in writing signed by the duly authorized officers of both CITY and CONTRACTOR.

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

CITY OF LA VERNE
A municipal corporation of the
State of California
Daniel . Keesey, Director
Public Works Department

CONTRACTOR
West Coast Arborists , Inc.
t, Marketing
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(
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_____,
AC:C::,RC:,
9 CERTIFICATE OF LIABILITY INSURANCE I

DATE(MM/DD/YYYY)
'-...----
06/27/2022
I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS ':ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES JELOW. 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 CONTACT NAME: Aon Risk Insurance services west, Inc.

LOS An~eles CA Office (A!C."No. Ext): (866) 283-7122 I r~. No.l: (800) 363-0105 707 wi shire Boulevard E-MAIL
suite 2600 ADDRESS:

LOS Angeles CA 90017-0460 USA INSURER($) AFFORDING COVERAGE NAIC# INSURED INSURER A: Starr Indemnity & Liability company 38318 west coast Arbor i sts, Inc.
2200 Evia Burton
INSURER B: Starr Specialty Insurance Company 16109
Anaheim CA 92806 USA INSURER C:

INSURER D:

INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 570094093930 REVISION NUMBER:

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

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested ''i.rR TYPE OF INSURANCE iN'so W:tl POLICY NUMBER CMM/00/YYYYl {MM/DD/YYVV LIMITS A X COMMERCIAL GENERAL LIABILITY 11 4 J-"".l UI /UJ./LULL IU/ / UJ./ LUL.S EACH OCCURRENCE $2,000,000 - :J CLAIMS-MADE 0occuR UAMAL:it: \U """ ,cu $1,000,000 - PREMISES !Ea occurrencel
MED EXP (Any one person) $5,000 - PERSONAL & ADV INJURY $2,000,000 -GEN"LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 ~ 0PRO- OLoc POLICY X JECT PRODUCTS· COMP/OP AGG $4,000,000 OTHER:

AUTOMOBILE LIABILITY 1000198198221 07/01/2022 07/ 01/ 2023 COMBINED SINGLE LIMIT $2,000,000 IE• •"""'ent\ -X ANY AUTO BODILY INJURY ( Per person)
- - SCHEDULED BODILY INJURY (Per accident) OWNED AUTOS ....._ AUTOS ONLY - PROPERTY DAMAGE HIRED AUTOS NON-OWNED !Per accident) - ONLY - AUTOS ONLY

UMBRELLA LIAS H OCCUR EACH OCCURRENCE
- AGGREGATE EXCESS LIAB CLAIMS-MADE

DEDI I RETENTION
B WORKERS COMPENSATION AND 1000004228 07/01/2022 107 / 01/ 2023 X I PER STATUTE I 10TH-EMPLOYERS" LIABILITY Y/N workers Comp CA ER

ANY PROPRIETOR/ PARTNER/ EXECUTIVE
~
SIR applies per policy ter ns & condi ions E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE-EA EMPLOYEE $1,000,000
~l;~~fl,6.¥~~ ~1;PERATIONS below E.L. DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: Tree Maintenance City of La Verne , its elected and appointed officials, employees and/or agents are included as Additional Insured in accordance with the policy provisions of the General Liability policy and Automobile Liability policies .

CERTIFICATE HOLDER
City of La Verne
City clerk's office
3660 D St
La Verne CA 91750 USA
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.

AUTHORIZED REPRESENTATIVE
©1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
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June 19, 2023 City Council Agenda Packet
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POLICY NUMBER: 1000100141221 ,
Effective: 07/01/2022
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COMMERCIAL GENERAL LIABILITY
CG 2010 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s) Or
Location(s) Of Covered Operations Organization(s ):

Where Required By Written Contract Where Required By Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

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

1. Your acts or omissions; or

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

However:

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

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

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

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

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

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

C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section Ill - Limits Of Insurance:

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

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.

CG 2010 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 June 19, 2023 City Council Agenda Packet
589
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POLICY NUMBER: 1000198198221 COMMERCIAL AUTO
CA20481013
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: West Coast Arborists, Inc.

Endorsement Effective Date: 07/01/2022

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

Where required by written 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.

CA20481013 © Insurance Services Office, Inc., 2011 Page 1 of 1 June 19, 2023 City Council Agenda Packet
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AGREEMENT

This Agreement is entered into this 1st day of July, 2023 between Withers and Sandgren, Ltd., a corporation whose address is 20948 Tulsa Street, Chatsworth, CA 91311 (hereinafter referred to as W/S and the City of La Verne whose address is 3660 "D" Street, La Verne, CA 91750 (hereinafter referred to as "City"), for Landscape Architectural Services and related design review.

NOW, THEREFORE, in consideration of the performance by the parties of the covenants and conditions herein provided, W/S and CITY agree as follows:

1. CONTRACT DOCUMENTS

The Contract Documents consist of the accepted Proposal for Landscape Architect Consultant Services dated July 7, 1999 (“PROPOSAL”), the hourly rates listed on Exhibit “A” hereto, this Agreement and Insurance Certifications as outlined in the Proposal. All of the provisions of said Contract Documents are hereby incorporated in and made a part of this Agreement as truly as if fully set forth herein.

2. W/S AGREES TO PERFORM SERVICES

For and in consideration of the payments and agreement to be made and performed by W/S as set forth in said Contract Document, W/S agrees with CITY to perform all consulting services described in this Agreement according to the generally accepted practices of experts in the discipline in which he acts as a consultant for which award of Contract was made.

3. CITY AGREES TO EMPLOY W/S AT SPECIFIED HOURLY RATES

CITY hereby promises and agrees with W/S to employ and does hereby employ W/S to do the work according to the terms and conditions herein contained and referred to in the PROPOSAL.

W/S, as requested by the CITY, will be employed for attendance at staff meetings and special meetings, “workshops”, “retreats”, etc., phone consultation and minor memo preparation on an hourly basis, not to exceed $2,000.00 per month.

4. NOTICE TO PROCEED

No services shall be performed or furnished under this Agreement unless or until a Notice to Proceed has been given to W/S by CITY.

5. RESPONSIBILITIES

W/S shall perform all the consulting services described in this Agreement according to the generally accepted practices of experts in the discipline in which the firm acts as a consultant and assumes all responsibility for the technical and professional aspects of the services to be performed.

W/S agrees that it shall act as an independent contractor and shall assume all liabilities imposed upon it by law as a result of this status, including, but not limited to, all legal liability arising out of

WITHERS &

SANDGREN

LANDSCAPE

ARCHITECTURE
+ PLANNING
June 19, 2023 City Council Agenda Packet
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activities of persons employed, hired or used by or on behalf of W/S in the performance of this Agreement.

6. COORDINATION BETWEEN W/S & CITY

Communication from CITY to W/S should be addressed to Lacey Withers, who shall act as principal contact with CITY in administration of this Agreement. Eric Scherer shall act as principal contact person at CITY in administration of this Agreement.

W/S agrees to perform services in such manner, sequence and time so as to best coordinate with all City Department involved, keeping CITY fully informed about the progress of work through direct communication between W/S and the City Planner responsible. W/S will keep department directors informed of work progress through monthly Work Programs/Status reports. W/S will immediately inform CITY of any matters having a possible effect on the schedule established for a project or of any matters having any possible effect on the scope of work required to be done by CITY.

7. PLAN CHECK SERVICES

W/S shall make every effort to perform plan check services expeditiously and in less than ten (10) working days.

8. ATTENDANCE AT CITY HALL AND MEETINGS

A representative of W/S shall attend all meetings as requested and remain on call for other meetings as necessary.

9. INDEMNIFICATION AND HOLD HARMLESS

W/S shall indemnify and hold harmless the CITY, their officers, boards, commissions, agents and employees against and from any and all claims, demands, causes of actions, actions, suits, proceedings, damages, costs and liabilities of every kind and nature whatsoever including, but not limited to, damages for injury and death, or damage to persons or property and against all liability to others and against any loss, cost and expense resulting or arising out of any of the same including any attorney fees, accountant fees, expert witness or consultant fees, court costs, per diem expense, traveling and transportation expense or other cost or expenses arising out of, or pertaining to, the exercise or the enjoyment of this Agreement whether such performance be by W/S, its sub-contractor, or anyone directly or indirectly employed by W/S, and whether such damages accrue or are discovered before or after termination of this Agreement, except for such loss, claim or liability as arises out of the negligence of the CITY.

10. OWNERSHIP OF DOCUMENTS

All drawings and documents shall be consistent with formats utilized by CITY reports, drawings, specifications and other pertinent data developed for the project are the property of CITY. W/S reserves the right to keep duplicates of CITY documents on file. Upon demand by CITY, any and all documents prepared by W/S and in W/S’s possession are to be assembled and delivered to CITY.

11. CONFLICT OF INTEREST

For the duration of this contract, W/S will not provide services for private projects within the City of La Verne or its sphere of influence for which W/S would be in conflict with its responsibilities as expressed in this contract and its attachments.

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12. ANNUAL PERFORMANCE REVIEW

W/S agrees to participate in an annual performance review with CITY staff. W/S will offer and receive evaluation of work completed during the year by members of the CITY staff, including W/S.

13. SUSPENSION OF WORK

W/S agrees to suspend all work on the project upon receipt from CITY of written instruction to do so.

14. TERMINATION

This Agreement and Landscape Architect Consultant Services to be rendered under it may be terminated at any time upon thirty (30) days’ written notice from either party, with or without cause.

In the event of such termination, CITY shall compensate W/S for performance of services through termination of this Agreement.

15. RENEWAL/PROPOSALS FOR CHANGES IN FEES

This Agreement shall remain in effect until June 30, 2024, and is subject to annual renewal by mutual agreement of both parties. Any modification to this Agreement for changes in fee structures of compensation must be proposed in writing by no later than May 1, 2024.

16. ARBITRATION

Any controversy or claim arising out of or relative to this Agreement, or the breach thereof, shall be finally settled by arbitration in accordance with the procedures of the American Arbitration Association; provided, however, neither party hereto shall be required to arbitrate a claim if its professional liability carrier refuses to consent to such arbitration or if the claim is made by CITY in the first instance and CITY is not proceeding in arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, but in no event shall the demand for arbitration be made after institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations.

The arbitrator(s), when they deem that the case requires it, are authorized to award to the party whose contention is sustained such sums as they or majority of them shall deem proper to compensate him for the time and expense, including attorney fees, incident to the proceeding, and where the arbitration was demanded without reasonable cause, they may award damages for delay.

In the event of arbitration, the parties to this Agreement consent to the full use of discovery proceedings provided for in the California Code of Civil Procedure for use in civil actions. In the event of any dispute arising over the scope or nature of discovery, the arbitrator(s) shall resolve such dispute. Such orders shall be binding on the parties.

Should suit be filed in the event of arbitration or other action to enforce the terms of this Agreement, the prevailing party shall be entitled to the award of reasonable attorneys’ fees.

17. EQUAL EMPLOYMENT OPPORTUNITY

W/S affirms that it is an equal opportunity employer (EOE) as prescribed by federal law.

18. GOVERNING LAW
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This Agreement shall be governed by California Law.

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

WITHERS & SANDGREN, LTD CITY OF LA VERNE

___________________________ ______________________________ Lacey Withers, President Tim Hepburn, Mayor

DATE:

ATTEST:

___________________________
Lacey Withers, Secretary

DATE: 5/3/2023

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City of La Verne, City Council
Agenda Report

DATE: June 19, 2023

TO: Honorable Mayor and City Council

FROM: Christy Lopez, Finance Director

SUBJECT: ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR JUNE 30, 2022 ____________________________________________________________________________

SUMMARY
The City prepared its Annual Comprehensive Financial Report (ACFR), which has been audited by our outside independent audit firm - Rogers, Anderson, Malody & Scott, LLP (RAMS). The ACFR reflects the financial position and operating activities of the City for the fiscal year ending June 30, 2022.

RECOMMENDATION
Staff recommends that the City Council receive and file the Annual Comprehensive Financial Report, Report on Internal Control over Financial Reporting and on Compliance and Other Matters, and the Auditor’s Letter to the City Council for the year ended June 30, 2022.

DISCUSSION
The City of La Verne Municipal Code as well as State Law requires an annual audit of the City's financial records by an outside, independent certified public accountant. As an independent auditing firm of certified public accountants, RAMS has completed the City's annual audit for the fiscal year ended June 30, 2022. Their audit was performed in accordance with auditing standards generally accepted in the United States of America and Governmental Auditing Standards. In the auditor’s opinion, the City's ACFR presents fairly in all material respects the financial position and results of operations for the year ended in accordance with generally accepted accounting principles. In short, our auditors have affirmed that the accounting records and financial presentations are proper and reflect positively upon our commitment to be accountable to the citizens concerning our financial resources. The Independent Auditor’s Report is included on pages 1 – 3 of the City’s ACFR and contains an unmodified (“clean”) opinion, which is the highest level of assurance an Independent Auditor can give.

As part of the required reporting for an audit performed in accordance with Government Auditing Standards, RAMS issued a report on its consideration of the City’s internal controls for purposes of performing the audit as well as procedures performed to test compliance with certain laws, regulations, contracts, and grant agreements. The results identified certain deficiencies in internal control, described in the accompanying Schedule of Findings and Responses, that the auditors consider to be significant deficiencies. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. The significant deficiency is related to the timeliness of completing the year -end accounting and certain key account reconciliations including bank statements. The following is the recommendation by the auditor and the response from management.

Auditor’s Recommendation:

We recommend that the City review the administrative responsibilities assigned to each accounting staff so that appropriate time can be spent in each accounting area. This can be June 19, 2023 City Council Agenda Packet
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achieved by either hiring additional employees in the Finance department or transferring the administrative duties to other employees who have more available time. This change will greatly benefit the City with more efficient accounting processes that produce more timely financial statements.

Management’s Response to Finding:

As noted in the auditor’s cause, the City experienced staff turnover which led to delays in bank reconciliations. While bank reconciliations were not completed in a timely manner , City staff monitored and continue to monitor bank statements and clear checks in a timely manner to reduce the exposure to fraud. In October of 2022, the City hired a new Finance Director who has worked with staff to complete the fiscal year 2021– 2022-year end audit. In addition, the City added two new staff members, an Accountant hired in January 2023 and is in recruitment for a Senior Accountant. While the department is still experiencing delays there are individuals in place that are working towards the timely reporting and reconciliation of all accounts.

In their letter to the City Council, the auditors outline significant accounting estimates made by the City and the procedures they performed to determine the reasonableness of those estimates.

The auditors also report that the financial statement disclosures are neutral, consistent, and clear.

The City had no uncorrected misstatements and the auditor’s letter does not contain any findings.

The City is required to prepare certain reporting information in accordance with the reporting provisions of t he California Health & Safety Code Section 34176.1 as amended by Senate Bill 341 (Chapter 796, Statues of 2013, effective January 2014) ("SB341 "), and as amended by Senate Bill 107 (Chapter 325, Statutes of 2015, effective January 2016) HSC Section 34176.1 (f).

RAMS has prepared the Addendum to the Annual Progress Report of the Housing Successor of the City of La Verne as of June 30, 2022, and for the year then ended so the City can meet those reporting requirements.

FISCAL ANALYSIS
There is no fiscal impact associated with this item.

ENVIRONMENTAL ANALYSIS
Not applicable

LEGAL REVIEW
Not applicable

ATTACHMENT
The Report can be viewed on the City’s website at: https://www.cityoflaverne.org/468/Annual - Budget-Comprehensive-Report.

June 19, 2023 City Council Agenda Packet
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Brianna Schultz, CPA, CGMA
Engagement Manager
City of La Verne
La Verne, California
Annual Audit
Fiscal year ended June 30, 2022
----------------------------------------------------------------------------------0 ------------------------------------------------------------------- RA
MS

ROGERS, ANDERSON, MA LO DY & SCOTT, LLP
CERT IFIED PUBL C ACCOUNTA TS SINCE 1948
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RESPONSIBILITIES
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 Present the City’s financial position and results of its operations fairly and in conformity with generally
accepted accounting principles
 Adopt sound accounting policies
 Provide reasonable accounting estimates
 Establish and maintain internal controls
 Prevent and detect fraud
3 The City’s Responsibilities
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 Obtain reasonable assurance that the financial statements are free of material misstatement
 Examine, on a test basis, evidence supporting amounts and disclosures
 Assess accounting principles used, estimates made, and evaluate the overall financial statement presentation
 Review the City’s internal control policies and procedures  Express an opinion on the City’s financial statements 4 RAMS Responsibilities
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 Financial statements are fairly presented in all material respects
 Significant accounting policies have been consistently applied
 Estimates are reasonable
 Disclosures are properly reflected in the financial statements 5 Our Opinion
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 No disagreements with management
 No material errors or irregularities discovered
 No significant accounting issues discovered
 Fraud communications were made with City Council
members and no material findings were noted
6 Other Key Points
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